Sub. H. B. No. 59 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 59

Representative Amstutz

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

A BILL

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

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

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

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

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

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

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

122.075, 122.083, 122.17, 122.171, 122.175,

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

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

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

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

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

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

125.28, 125.602, 125.603, 125.832, 125.836,

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

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

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

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

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

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

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

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

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

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

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

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

173.40, 173.401, 173.402, 173.403, 173.404,

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

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

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

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

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

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

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

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

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

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

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

351.021, 715.013, 715.691, 721.01, 721.03,

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

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

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

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

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

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

1321.51, 1321.535, 1321.55, 1322.01, 1322.051,

1327.46, 1327.48, 1327.50, 1327.501, 1327.61,

1327.99, 1332.26, 1337.11, 1347.08, 1501.011,

1501.45, 1506.21, 1506.30, 1509.01, 1509.02,

1509.062, 1509.10, 1509.11, 1509.22, 1509.226,

1509.50, 1511.02, 1511.022, 1519.05, 1531.06,

1531.17, 1545.071, 1547.05, 1547.051, 1547.052,

1547.06, 1547.542, 1547.99, 1548.02, 1551.33,

1551.35, 1555.15, 1711.07, 1721.10, 1724.03,

1739.061, 1751.01, 1751.11, 1751.12, 1751.14,

1751.271, 1751.31, 1751.60, 1901.10, 1901.12,

1901.33, 1907.14, 1923.14, 2101.08, 2101.24,

2108.05, 2113.041, 2113.06, 2117.061, 2117.25,

2133.01, 2133.25, 2151.011, 2151.3514, 2151.362,

2151.83, 2151.86, 2152.54, 2152.59, 2301.14,

2301.20, 2301.23, 2301.24, 2301.25, 2303.201,

2305.234, 2307.65, 2311.14, 2317.02, 2317.422,

2335.09, 2335.11, 2501.16, 2505.02, 2701.03,

2701.031, 2743.03, 2743.09, 2743.121, 2743.191,

2743.20, 2743.48, 2743.52, 2743.53, 2743.531,

2743.55, 2743.60, 2743.601, 2743.61, 2743.62,

2743.63, 2743.64, 2743.65, 2743.66, 2743.67,

2743.68, 2743.69, 2743.71, 2744.05, 2901.13,

2901.30, 2903.33, 2907.22, 2913.01, 2913.40,

2913.401, 2915.02, 2919.271, 2921.01, 2921.22,

2921.36, 2921.38, 2923.126, 2925.03, 2929.15,

2930.01, 2935.03, 2935.33, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2951.041,

2953.32, 2967.22, 2981.01, 2981.12, 2981.13,

3101.051, 3107.083, 3109.15, 3111.04, 3111.72,

3119.29, 3119.54, 3121.441, 3121.89, 3121.891,

3121.892, 3121.893, 3121.898, 3123.958, 3125.18,

3125.36, 3301.07, 3301.0711, 3301.0712, 3301.0714,

3301.0715, 3301.0723, 3301.0725, 3301.15, 3301.16,

3302.01, 3302.03, 3302.032, 3302.20, 3302.21,

3302.22, 3303.41, 3304.11, 3304.12, 3304.13,

3304.14, 3304.15, 3304.16, 3304.17, 3304.18,

3304.181, 3304.182, 3304.19, 3304.20, 3304.21,

3304.22, 3304.23, 3304.231, 3304.25, 3304.27,

3304.28, 3304.41, 3305.03, 3307.51, 3309.21,

3310.01, 3310.02, 3310.03, 3310.05, 3310.06,

3310.08, 3310.13, 3310.14, 3310.522, 3310.56,

3311.0510, 3311.19, 3311.22, 3311.231, 3311.38,

3311.86, 3312.08, 3313.372, 3313.376, 3313.48,

3313.483, 3313.484, 3313.488, 3313.4810, 3313.533,

3313.539, 3313.60, 3313.603, 3313.6013, 3313.6016,

3313.612, 3313.615, 3313.62, 3313.64, 3313.646,

3313.65, 3313.674, 3313.714, 3313.715, 3313.82,

3313.83, 3313.841, 3313.843, 3313.844, 3313.845,

3313.847, 3313.88, 3313.911, 3313.976, 3313.978,

3313.98, 3313.981, 3314.015, 3314.017, 3314.027,

3314.029, 3314.03, 3314.05, 3314.06, 3314.072,

3314.074, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.11, 3314.26, 3314.35, 3315.07,

100

3315.33, 3315.40, 3315.42, 3316.041, 3316.06,

101

3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,

102

3317.03, 3317.032, 3317.05, 3317.06, 3317.063,

103

3317.08, 3317.10, 3317.14, 3317.18, 3317.19,

104

3317.20, 3317.201, 3317.50, 3317.51, 3318.011,

105

3318.031, 3318.08, 3318.31, 3318.36, 3318.363,

106

3319.07, 3319.073, 3319.0811, 3319.112, 3319.17,

107

3319.22, 3319.235, 3319.57, 3319.58, 3321.01,

108

3321.04, 3321.05, 3321.13, 3321.14, 3321.15,

109

3323.021, 3323.03, 3323.04, 3323.07, 3323.08,

110

3323.09, 3323.091, 3323.13, 3323.14, 3323.141,

111

3323.142, 3326.07, 3326.08, 3326.11, 3326.31,

112

3326.32, 3326.33, 3326.34, 3326.38, 3326.45,

113

3327.01, 3327.02, 3327.10, 3333.041, 3333.73,

114

3333.82, 3334.08, 3335.35, 3335.36, 3335.37,

115

3335.38, 3345.05, 3345.06, 3345.12, 3353.01,

116

3353.02, 3353.03, 3353.04, 3353.06, 3353.07,

117

3365.01, 3365.02, 3365.021, 3365.07, 3365.12,

118

3383.01, 3383.07, 3501.01, 3517.01, 3517.10,

119

3517.101, 3517.102, 3517.103, 3517.153, 3517.154,

120

3517.155, 3517.20, 3517.992, 3599.03, 3599.45,

121

3701.023, 3701.024, 3701.027, 3701.041, 3701.13,

122

3701.132, 3701.243, 3701.261, 3701.262, 3701.264,

123

3701.342, 3701.344, 3701.507, 3701.74, 3701.741,

124

3701.742, 3701.78, 3701.881, 3701.921, 3701.922,

125

3701.99, 3702.30, 3702.51, 3702.521, 3702.55,

126

3702.62, 3702.74, 3702.91, 3704.144, 3706.01,

127

3707.511, 3709.01, 3709.051, 3709.10, 3712.051,

128

3712.07, 3712.09, 3713.06, 3714.03, 3714.07,

129

3717.08, 3718.06, 3719.61, 3721.01, 3721.011,

130

3721.02, 3721.022, 3721.024, 3721.027, 3721.042,

131

3721.071, 3721.08, 3721.10, 3721.12, 3721.121,

132

3721.13, 3721.14, 3721.15, 3721.16, 3721.17,

133

3721.19, 3721.50, 3721.51, 3721.511, 3721.512,

134

3721.513, 3721.52, 3721.53, 3721.531, 3721.532,

135

3721.533, 3721.54, 3721.541, 3721.55, 3721.56,

136

3721.57, 3721.58, 3727.01, 3734.01, 3734.02,

137

3734.28, 3734.57, 3734.901, 3734.907, 3735.58,

138

3737.02, 3737.83, 3737.841, 3737.88, 3737.882,

139

3742.30, 3742.31, 3742.32, 3742.51, 3745.11,

140

3745.113, 3745.72, 3748.01, 3748.04, 3769.08,

141

3769.087, 3769.088, 3770.02, 3770.06, 3770.21,

142

3772.03, 3772.062, 3772.24, 3781.112, 3793.01,

143

3793.031, 3793.032, 3793.051, 3793.10, 3793.11,

144

3793.12, 3793.13, 3793.14, 3793.15, 3793.16,

145

3793.18, 3793.22, 3793.31, 3793.32, 3793.33,

146

3793.34, 3793.35, 3793.36, 3793.37, 3793.38,

147

3793.39, 3795.01, 3798.01, 3798.10, 3798.13,

148

3798.14, 3798.15, 3798.16, 3901.3814, 3903.14,

149

3905.40, 3905.483, 3905.862, 3916.06, 3923.24,

150

3923.241, 3923.281, 3923.443, 3923.49, 3923.50,

151

3923.601, 3923.83, 3924.41, 3924.42, 3963.01,

152

3963.04, 4104.33, 4112.02, 4112.12, 4112.31,

153

4115.034, 4115.32, 4117.06, 4117.14, 4117.15,

154

4121.44, 4121.441, 4121.50, 4121.69, 4123.32,

155

4123.35, 4123.41, 4123.57, 4123.93, 4131.03,

156

4141.162, 4141.29, 4301.01, 4301.10, 4301.171,

157

4301.30, 4301.43, 4301.62, 4303.181, 4305.131,

158

4501.01, 4501.21, 4503.03, 4503.0610, 4503.44,

159

4503.62, 4505.02, 4505.09, 4506.07, 4507.01,

160

4507.06, 4507.51, 4510.038, 4510.45, 4511.19,

161

4511.191, 4511.21, 4511.69, 4511.85, 4513.34,

162

4519.11, 4701.03, 4707.02, 4707.073, 4707.10,

163

4709.11, 4713.08, 4713.44, 4715.22, 4715.36,

164

4715.372, 4715.39, 4715.64, 4717.03, 4717.06,

165

4717.07, 4717.10, 4717.14, 4717.15, 4719.01,

166

4723.18, 4723.35, 4723.481, 4725.03, 4725.16,

167

4729.01, 4729.51, 4729.54, 4729.69, 4729.77,

168

4729.78, 4729.79, 4729.80, 4729.81, 4729.99,

169

4730.411, 4731.05, 4731.151, 4731.23, 4731.65,

170

4731.71, 4732.06, 4732.07, 4732.08, 4734.41,

171

4735.07, 4735.09, 4735.10, 4735.142, 4735.56,

172

4742.01, 4751.02, 4751.03, 4751.04, 4751.041,

173

4751.05, 4751.06, 4751.07, 4751.08, 4751.10,

174

4751.11, 4751.12, 4751.13, 4753.071, 4755.11,

175

4755.47, 4755.481, 4755.64, 4758.10, 4758.11,

176

4761.01, 4776.01, 4778.02, 4778.03, 4781.121,

177

4781.28, 4781.29, 4906.20, 4955.32, 4955.321,

178

4955.34, 4955.44, 4955.47, 4999.04, 5101.01,

179

5101.11, 5101.141, 5101.16, 5101.162, 5101.18,

180

5101.181, 5101.183, 5101.184, 5101.26, 5101.271,

181

5101.272, 5101.273, 5101.30, 5101.31, 5101.34,

182

5101.35, 5101.36, 5101.46, 5101.461, 5101.47,

183

5101.49, 5101.50, 5101.501, 5101.502, 5101.51,

184

5101.511, 5101.512, 5101.513, 5101.516, 5101.517,

185

5101.519, 5101.5110, 5101.52, 5101.521, 5101.522,

186

5101.524, 5101.527, 5101.571, 5101.572, 5101.573,

187

5101.574, 5101.575, 5101.58, 5101.59, 5101.591,

188

5101.60, 5101.61, 5101.80, 5101.801, 5101.803,

189

5103.02, 5103.0323, 5103.13, 5103.42, 5104.012,

190

5104.013, 5104.02, 5104.021, 5104.03, 5104.08,

191

5104.11, 5104.12, 5104.32, 5107.10, 5107.14,

192

5107.16, 5107.20, 5107.24, 5107.26, 5107.42,

193

5107.64, 5111.01, 5111.011, 5111.013, 5111.016,

194

5111.018, 5111.0112, 5111.0114, 5111.0116,

195

5111.0117, 5111.0118, 5111.0119, 5111.02,

196

5111.021, 5111.022, 5111.023, 5111.024, 5111.025,

197

5111.027, 5111.028, 5111.029, 5111.0210,

198

5111.0211, 5111.0212, 5111.0213, 5111.0214,

199

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

200

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

201

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

202

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

203

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

204

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

205

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

206

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

207

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

208

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

209

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

210

5111.177, 5111.178, 5111.179, 5111.1710,

211

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

212

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

213

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

214

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

215

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

216

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

217

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

218

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

219

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

220

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

221

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

222

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

223

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

224

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

225

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

226

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

227

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

228

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

229

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

230

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

231

5111.686, 5111.687, 5111.688, 5111.689, 5111.70,

232

5111.701, 5111.702, 5111.703, 5111.704, 5111.705,

233

5111.707, 5111.708, 5111.709, 5111.7011, 5111.71,

234

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

235

5111.83, 5111.84, 5111.85, 5111.851, 5111.852,

236

5111.853, 5111.854, 5111.855, 5111.856, 5111.86,

237

5111.861, 5111.862, 5111.863, 5111.864, 5111.865,

238

5111.87, 5111.871, 5111.872, 5111.873, 5111.874,

239

5111.875, 5111.876, 5111.877, 5111.878, 5111.879,

240

5111.88, 5111.881, 5111.882, 5111.885, 5111.886,

241

5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,

242

5111.891, 5111.892, 5111.894, 5111.90, 5111.91,

243

5111.911, 5111.912, 5111.914, 5111.915, 5111.92,

244

5111.93, 5111.94, 5111.941, 5111.943, 5111.944,

245

5111.945, 5111.96, 5111.97, 5111.98, 5111.981,

246

5111.982, 5111.99, 5112.01, 5112.03, 5112.04,

247

5112.05, 5112.06, 5112.07, 5112.08, 5112.09,

248

5112.10, 5112.11, 5112.17, 5112.18, 5112.19,

249

5112.21, 5112.30, 5112.31, 5112.32, 5112.33,

250

5112.331, 5112.34, 5112.341, 5112.35, 5112.37,

251

5112.371, 5112.38, 5112.39, 5112.40, 5112.41,

252

5112.42, 5112.43, 5112.44, 5112.45, 5112.46,

253

5112.47, 5112.48, 5112.99, 5112.991, 5115.20,

254

5117.10, 5119.01, 5119.012, 5119.02, 5119.04,

255

5119.06, 5119.061, 5119.07, 5119.071, 5119.072,

256

5119.08, 5119.10, 5119.101, 5119.11, 5119.12,

257

5119.14, 5119.16, 5119.161, 5119.17, 5119.18,

258

5119.20, 5119.201, 5119.202, 5119.21, 5119.22,

259

5119.221, 5119.23, 5119.24, 5119.27, 5119.30,

260

5119.33, 5119.34, 5119.35, 5119.351, 5119.36,

261

5119.42, 5119.43, 5119.44, 5119.46, 5119.51,

262

5119.52, 5119.53, 5119.57, 5119.60, 5119.61,

263

5119.611, 5119.612, 5119.613, 5119.62, 5119.621,

264

5119.622, 5119.63, 5119.631, 5119.69, 5119.691,

265

5119.99, 5120.07, 5120.09, 5120.135, 5120.17,

266

5120.171, 5120.652, 5120.654, 5121.051, 5121.30,

267

5121.32, 5121.33, 5121.34, 5121.35, 5121.36,

268

5121.37, 5121.38, 5121.40, 5121.42, 5121.43,

269

5121.44, 5121.45, 5121.46, 5121.47, 5121.49,

270

5121.50, 5121.51, 5121.52, 5121.55, 5122.01,

271

5122.03, 5122.10, 5122.11, 5122.12, 5122.13,

272

5122.15, 5122.17, 5122.18, 5122.19, 5122.20,

273

5122.21, 5122.23, 5122.25, 5122.26, 5122.27,

274

5122.271, 5122.31, 5122.311, 5122.32, 5122.33,

275

5122.34, 5122.341, 5122.39, 5122.43, 5122.44,

276

5122.45, 5122.46, 5122.47, 5123.01, 5123.021,

277

5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09,

278

5123.171, 5123.19, 5123.192, 5123.197, 5123.198,

279

5123.38, 5123.61, 5123.86, 5126.01, 5126.026,

280

5126.043, 5126.05, 5126.051, 5126.054, 5126.055,

281

5139.03, 5139.04, 5139.08, 5139.34, 5145.162,

282

5145.18, 5149.22, 5153.16, 5302.221, 5309.082,

283

5309.68, 5309.86, 5501.311, 5501.312, 5501.73,

284

5502.011, 5505.12, 5507.01, 5507.02, 5507.021,

285

5507.022, 5507.03, 5507.06, 5507.07, 5507.08,

286

5507.09, 5507.12, 5507.15, 5507.18, 5507.22,

287

5507.25, 5507.26, 5507.27, 5507.32, 5507.34,

288

5507.40, 5507.42, 5507.44, 5507.46, 5507.52,

289

5507.53, 5507.54, 5507.55, 5507.57, 5507.571,

290

5507.60, 5507.63, 5507.99, 5511.03, 5515.08,

291

5540.03, 5701.13, 5703.052, 5703.053, 5703.059,

292

5703.19, 5703.21, 5703.37, 5703.50, 5703.70,

293

5703.82, 5705.01, 5705.10, 5705.19, 5705.192,

294

5705.21, 5705.217, 5705.218, 5705.221, 5705.25,

295

5709.17, 5709.75, 5723.01, 5725.18, 5725.33,

296

5725.34, 5726.20, 5726.52, 5726.54, 5727.26,

297

5727.75, 5727.84, 5727.89, 5728.10, 5729.03,

298

5729.04, 5729.16, 5729.17, 5731.39, 5733.01,

299

5733.06, 5733.11, 5733.55, 5733.58, 5733.98,

300

5735.012, 5735.12, 5735.142, 5735.27, 5735.34,

301

5739.01, 5739.02, 5739.026, 5739.09, 5739.13,

302

5741.01, 5741.03, 5741.17, 5743.081, 5743.15,

303

5743.56, 5745.12, 5747.01, 5747.02, 5747.022,

304

5747.025, 5747.08, 5747.10, 5747.11, 5747.113,

305

5747.122, 5747.13, 5747.21, 5747.22, 5747.47,

306

5747.501, 5747.76, 5747.98, 5748.01, 5749.02,

307

5749.06, 5749.07, 5749.17, 5751.01, 5751.02,

308

5751.051, 5751.07, 5751.081, 5751.09, 5751.20,

309

5751.21, 5751.98, 5753.03, 5753.07, 5815.28,

310

5902.02, 5905.02, 5910.02, 5910.07, 5919.34,

311

5924.502, 5924.503, 5924.504, 5924.506, 6109.21,

312

and 6111.037; to amend, for the purpose of

313

adopting new section numbers as indicated in

314

parentheses, sections 173.394 (173.38), 173.40

315

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

316

173.403 (173.53), 173.404 (173.55), 3304.23

317

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

318

3304.15 (3304.16), 3304.16 (3304.14), 3313.847

319

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

320

3383.07 (123.281), 3701.041 (124.88), 3721.50

321

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

322

3721.512 (5168.44), 3721.513 (5168.45), 3721.52

323

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

324

3721.532 (5168.49), 3721.533 (5168.50), 3721.54

325

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

326

3721.56 (5168.54), 3721.57 (5168.55), 3721.58

327

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

328

3793.031 (5119.201), 3793.032 (5119.47), 3793.051

329

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

330

3793.12 (5119.61), 3793.13 (5119.27), 3793.14

331

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

332

3793.18 (5119.30), 3793.22 (5119.49), 3793.31

333

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

334

3793.34 (5119.93), 3793.35 (5119.94), 3793.36

335

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

336

3793.39 (5119.98), 5101.271 (5160.45), 5101.31

337

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

338

5101.502 (5161.02), 5101.51 (5161.10), 5101.511

339

(5161.11), 5101.5110 (5161.35), 5101.512

340

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

341

5101.517 (5161.24), 5101.519 (5161.27), 5101.52

342

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

343

5101.524 (5161.20), 5101.527 (5161.25), 5101.571

344

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

345

5101.574 (5160.41), 5101.575 (5160.42), 5101.58

346

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

347

5111.01 (5162.03), 5111.011 (5163.02), 5111.013

348

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

349

5111.0112 (5162.20), 5111.0114 (5164.754),

350

5111.0116 (5163.30), 5111.0117 (5163.31),

351

5111.0118 (5163.32), 5111.0119 (5163.45), 5111.02

352

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

353

5111.023 (5164.15), 5111.024 (5164.08), 5111.025

354

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

355

5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211

356

(5165.48), 5111.0212 (5164.80), 5111.0213

357

(5164.77), 5111.0214 (5164.82), 5111.0215

358

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

359

5111.032 (5164.34), 5111.033 (5164.342), 5111.034

360

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

361

5111.042 (5164.25), 5111.05 (5164.45), 5111.051

362

(5164.48), 5111.052 (5164.46), 5111.053

363

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

364

5111.061 (5164.57), 5111.062 (5164.39), 5111.063

365

(5164.31), 5111.07 (5164.752), 5111.071

366

(5164.753), 5111.08 (5164.759), 5111.081

367

(5164.755), 5111.082 (5164.751), 5111.083

368

(5164.757), 5111.084 (5164.7510), 5111.085

369

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

370

5111.091 (5162.131), 5111.092 (5162.132), 5111.10

371

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

372

5111.11 (5162.21), 5111.111 (5162.211), 5111.112

373

(5162.212), 5111.113 (5162.22), 5111.114

374

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

375

5111.13 (5164.85), 5111.14 (5164.88), 5111.141

376

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

377

5111.16 (5167.03), 5111.161 (5167.031), 5111.162

378

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

379

5111.171 (5167.31), 5111.172 (5167.12), 5111.173

380

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

381

5111.177 (5167.11), 5111.178 (5167.25), 5111.179

382

(5167.13), 5111.1710 (5167.14), 5111.1711

383

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

384

5111.19 (5164.74), 5111.191 (5164.741), 5111.20

385

(5165.01), 5111.201 (5165.011), 5111.202

386

(5165.03), 5111.203 (5165.031), 5111.204

387

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

388

5111.22 (5165.07), 5111.221 (5165.37), 5111.222

389

(5165.15), 5111.223 (5165.071), 5111.224

390

(5124.15), 5111.225 (5165.155), 5111.226

391

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

392

5111.232 (5165.192), 5111.233 (5124.194), 5111.235

393

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

394

5111.242 (5165.21), 5111.244 (5165.25), 5111.245

395

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

396

5111.251 (5124.17), 5111.254 (5165.151), 5111.255

397

(5124.151), 5111.257 (5165.28), 5111.258

398

(5165.153), 5111.259 (5165.156), 5111.26

399

(5165.10), 5111.261 (5165.107), 5111.262

400

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

401

5111.265 (5165.29), 5111.266 (5165.101), 5111.27

402

(5165.108), 5111.271 (5165.1010), 5111.28

403

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

404

5111.30 (5165.073), 5111.31 (5165.08), 5111.32

405

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

406

5111.35 (5165.60), 5111.36 (5165.61), 5111.37

407

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

408

5111.40 (5165.65), 5111.41 (5165.66), 5111.411

409

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

410

5111.44 (5165.70), 5111.45 (5165.71), 5111.46

411

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

412

5111.49 (5165.75), 5111.50 (5165.76), 5111.51

413

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

414

5111.53 (5165.80), 5111.54 (5165.81), 5111.55

415

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

416

5111.58 (5165.85), 5111.59 (5165.86), 5111.60

417

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

418

5111.63 (5165.89), 5111.66 (5165.50), 5111.661

419

(5165.501), 5111.67 (5165.51), 5111.671

420

(5165.511), 5111.672 (5165.512), 5111.673

421

(5165.513), 5111.674 (5165.514), 5111.675

422

(5165.515), 5111.676 (5165.516), 5111.677

423

(5165.517), 5111.68 (5165.52), 5111.681

424

(5165.521), 5111.682 (5165.522), 5111.683

425

(5165.523), 5111.684 (5165.524), 5111.685

426

(5165.525), 5111.686 (5165.526), 5111.687

427

(5165.527), 5111.688 (5165.528), 5111.689

428

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

429

5111.702 (5163.092), 5111.703 (5163.093), 5111.704

430

(5163.094), 5111.705 (5163.095), 5111.706

431

(5163.096), 5111.707 (5163.097), 5111.708

432

(5163.098), 5111.709 (5163.099), 5111.7011

433

(5163.0910), 5111.71 (5162.36), 5111.711

434

(5162.361), 5111.712 (5162.362), 5111.713

435

(5162.363), 5111.714 (5162.64), 5111.715

436

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

437

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

438

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

439

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

440

(5166.11), 5111.861 (5166.12), 5111.862

441

(5166.121), 5111.863 (5166.13), 5111.864

442

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

443

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

444

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

445

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

446

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

447

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

448

(5166.303), 5111.884 (5166.304), 5111.885

449

(5166.305), 5111.886 (5166.306), 5111.887

450

(5166.307), 5111.888 (5166.308), 5111.889

451

(5166.309), 5111.8810 (5166.3010), 5111.89

452

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

453

5111.893 (173.547), 5111.894 (173.542), 5111.90

454

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

455

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

456

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

457

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

458

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

459

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

460

(5162.031), 5111.981 (5164.91), 5111.982

461

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

462

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

463

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

464

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

465

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

466

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

467

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

468

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

469

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

470

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

471

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

472

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

473

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

474

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

475

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

476

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

477

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

478

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

479

(5119.18), 5119.072 (5119.181), 5119.08

480

(5119.182), 5119.10 (5119.184), 5119.101

481

(5119.185), 5119.11 (5119.186), 5119.12

482

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

483

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

484

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

485

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

486

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

487

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

488

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

489

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

490

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

491

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

492

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

493

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

494

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

495

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

496

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

497

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

498

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

499

5507.02 (128.02), 5507.021 (128.021), 5507.022

500

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

501

5507.07 (128.07), 5507.08 (128.08), 5507.09

502

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

503

5507.18 (128.18), 5507.22 (128.22), 5507.25

504

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

505

5507.32 (128.32), 5507.34 (128.34), 5507.40

506

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

507

5507.46 (128.46), 5507.52 (128.52), 5507.53

508

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

509

5507.57 (128.57), 5507.571 (128.571), 5507.60

510

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

511

to enact new sections 1901.121, 3313.481,

512

3317.014, 3317.02, 3317.022, 3317.0217, 3317.051,

513

3317.16, 3326.39, 3345.81, and 3737.883, and

514

sections 1.611, 101.392, 103.0521, 103.83,

515

121.483, 122.681, 123.19, 125.27, 125.833,

516

126.211, 149.307, 173.51, 173.522, 173.523,

517

173.525, 173.543, 173.545, 173.546, 173.56,

518

340.08, 353.01 to 353.16, 511.261, 517.271,

519

721.29, 743.50, 903.30, 955.121, 991.041,

520

1327.502, 1509.074, 1509.16, 1541.50, 1545.23,

521

1547.532, 1901.122, 1901.123, 1907.141, 1907.142,

522

1907.143, 2101.026, 2301.19, 2329.192, 2743.041,

523

3302.035, 3302.26, 3310.032, 3310.035, 3313.5311,

524

3313.5312, 3313.6018, 3313.6019, 3313.848,

525

3313.849, 3314.042, 3314.082, 3314.086, 3314.092,

526

3314.261, 3314.29, 3317.016, 3317.017, 3317.0213,

527

3317.0214, 3317.161, 3317.25, 3317.40, 3319.031,

528

3319.0812, 3325.13, 3325.14, 3326.112, 3326.40,

529

3327.07, 3328.27, 3333.049, 3333.124, 3333.342,

530

3333.613, 3337.16, 3345.48, 3350.15, 3365.022,

531

3701.033, 3701.138, 3701.94, 3701.941, 3701.942,

532

3701.943, 3701.944, 3701.96, 3701.98, 3702.302,

533

3702.303, 3702.304, 3702.305, 3702.306, 3702.307,

534

3702.308, 3714.074, 3734.125, 3735.661, 3772.36,

535

4123.322, 4503.524, 4503.526, 4503.732, 4503.95,

536

4503.96, 4713.641, 4729.542, 4731.299, 4751.042,

537

4783.01, 4783.02, 4783.03, 4783.04, 4783.05,

538

4783.09, 4783.10, 4783.11, 4783.12, 4783.13,

539

4783.99, 4906.201, 4909.157, 4955.322, 5101.101,

540

5101.804, 5119.28, 5119.341, 5123.023, 5124.01,

541

5124.03, 5124.05, 5124.06, 5124.07, 5124.071,

542

5124.072, 5124.08, 5124.081, 5124.10, 5124.101,

543

5124.102, 5124.103, 5124.104, 5124.105, 5124.106,

544

5124.107, 5124.108, 5124.109, 5124.152, 5124.153,

545

5124.191, 5124.192, 5124.193, 5124.25, 5124.28,

546

5124.30, 5124.31, 5124.32, 5124.33, 5124.35,

547

5124.37, 5124.38, 5124.40, 5124.41, 5124.42,

548

5124.43, 5124.44, 5124.45, 5124.46, 5124.50,

549

5124.51, 5124.511, 5124.512, 5124.513, 5124.514,

550

5124.515, 5124.516, 5124.517, 5124.52, 5124.521,

551

5124.522, 5124.523, 5124.524, 5124.525, 5124.526,

552

5124.527, 5124.528, 5124.53, 5124.67, 5124.99,

553

5126.131, 5160.01, 5160.011, 5160.02, 5160.021,

554

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

555

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

556

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

557

5160.30, 5160.31, 5160.371, 5160.46, 5160.47,

558

5160.48, 5160.481, 5160.50, 5160.52, 5160.99,

559

5161.01, 5162.01, 5162.02, 5162.021, 5162.022,

560

5162.05, 5162.06, 5162.07, 5162.12, 5162.31,

561

5162.60, 5162.62, 5163.01, 5163.03, 5163.04,

562

5163.05, 5163.06, 5163.061, 5163.08, 5164.01,

563

5164.03, 5164.30, 5164.33, 5164.55, 5164.59,

564

5164.60, 5164.61, 5164.71, 5164.72, 5164.73,

565

5164.78, 5164.881, 5164.911, 5165.02, 5165.072,

566

5165.082, 5165.102, 5165.103, 5165.104, 5165.105,

567

5165.106, 5165.109, 5165.152, 5165.154, 5165.191,

568

5165.193, 5165.32, 5165.33, 5165.41, 5165.42,

569

5165.43, 5165.44, 5165.45, 5165.46, 5165.49,

570

5165.771, 5166.01, 5166.16, 5167.01, 5167.02,

571

5168.41, 5540.18, 5703.75, 5703.76, 5705.55,

572

5735.013, 5736.01 to 5736.14, 5736.99, 5741.032,

573

5751.55, 5910.08, 5919.342, and 6133.041; and to

574

repeal sections 122.076, 122.15, 122.151, 122.152,

575

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

576

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

577

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

578

340.14, 1513.371, 1531.34, 1547.721, 1547.722,

579

1547.723, 1547.724, 1547.725, 1547.726, 1901.121,

580

2301.26, 2743.54, 3302.043, 3304.24, 3304.26,

581

3304.38, 3313.481, 3313.482, 3313.4811, 3314.088,

582

3314.13, 3317.012, 3317.014, 3317.018, 3317.02,

583

3317.022, 3317.029, 3317.0217, 3317.051, 3317.052,

584

3317.053, 3317.11, 3317.16, 3317.62, 3317.63,

585

3317.64, 3318.023, 3323.16, 3326.39, 3345.81,

586

3353.09, 3353.15, 3353.20, 3383.02, 3383.03,

587

3383.04, 3383.05, 3383.06, 3383.08, 3383.09,

588

3506.22, 3517.1010, 3701.072, 3701.263, 3701.343,

589

3701.90, 3701.901, 3701.902, 3701.903, 3701.904,

590

3701.905, 3701.906, 3701.907, 3721.026, 3793.02,

591

3793.03, 3793.04, 3793.041, 3793.05, 3793.06,

592

3793.061, 3793.08, 3793.09, 3793.19, 3793.20,

593

3793.21, 3793.99, 5101.503, 5101.514, 5101.515,

594

5101.518, 5101.523, 5101.525, 5101.526, 5101.528,

595

5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,

596

5111.0111, 5111.0113, 5111.0115, 5111.0120,

597

5111.0121, 5111.0122, 5111.0123, 5111.0124,

598

5111.0125, 5111.176, 5111.211, 5111.236, 5111.65,

599

5111.8710, 5111.8811, 5111.913, 5111.942,

600

5111.946, 5119.011, 5119.013, 5119.03, 5119.05,

601

5119.47, 5119.623, 5119.64, 5119.65, 5119.66,

602

5119.67, 5119.68, 5507.65, 5507.66, 5707.05,

603

5727.41, 5733.35, 5747.211, 5747.33, 6101.451, and

604

6111.029 of the Revised Code; to amend Section 1

605

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

606

amend Sections 205.10, 506.10, and 755.30 of Am.

607

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

608

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

609

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

610

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

611

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

612

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

613

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

614

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

615

482 of the 129th General Assembly; to amend

616

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

617

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

618

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

619

General Assembly, as subsequently amended; to

620

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

621

General Assembly, as subsequently amended; to

622

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

623

128th General Assembly; to repeal Section

624

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

625

General Assembly; to repeal Section 125.10 of Am.

626

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

627

subsequently amended; to repeal Section 514.03 of

628

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

629

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

630

121st General Assembly as subsequently amended; to

631

amend Sections 203.30.40, 203.30.70, 203.30.80,

632

203.90.10, 203.90.20, 205.10.20, 205.30.90,

633

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

634

129th General Assembly; to amend the versions of

635

sections 109.57, 2151.011, 2923.126, 5104.012,

636

5104.013, 5104.03, 5104.08, and 5104.32 of the

637

Revised Code that are scheduled to take effect

638

January 1, 2014, to continue the provisions of

639

this act on and after that effective date; to

640

amend the versions of sections 4501.01, 4507.01,

641

and 4507.06 of the Revised Code that are scheduled

642

to take effect January 1, 2017, to continue the

643

provisions of this act on and after that effective

644

date; to amend section 3313.88 of the Revised Code

645

as it results from Section 101.01 of this act for

646

the purpose of adopting new section number

647

3313.482 on July 1, 2014; to make operating

648

appropriations for the biennium beginning July 1,

649

2013, and ending June 30, 2015; to provide

650

authorization and conditions for the operation of

651

state programs; to repeal sections 5168.20,

652

5168.21, 5168.22, 5168.23, 5168.24, 5168.25,

653

5168.26, 5168.27, and 5168.28 of the Revised Code

654

on October 1, 2015, to terminate the operation of

655

those sections on that date; to repeal sections

656

5168.01, 5168.02, 5168.03, 5168.04, 5168.05,

657

5168.06, 5168.07, 5168.08, 5168.09, 5168.10,

658

5168.11, 5168.12, 5168.13, 5168.99, and 5168.991

659

of the Revised Code on October 16, 2015, to

660

terminate the operation of those sections on that

661

date; and to repeal section 5124.67 of the Revised

662

Code on July 1, 2018, to terminate the operation

663

of that section on that date.

664

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

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

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

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

1109

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

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

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

1118

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

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

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

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

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

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

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

1141

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

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

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

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

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

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

(1) A campaign committee;

1168

(2) A political action committee;

1169

(3) A legislative campaign fund;

1170

(4) A political party;

1171

(5) A campaign fund;

1172

(6) A political committee;

1173

(7) A separate segregated fund;

1174

(8) A candidate.

1175

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1267

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The attorney general;

1380

(2) The auditor of state;

1381

(3) The director of administrative services;

1382

(4) The director of aging;

1383

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

(6) The director of budget and management;

1386

(7) The director of development services;

1387

(8) The director of job and family services;

1388

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

(10) The director of developmental disabilities;

1391

(11) The director of rehabilitation and correction;

1392

(12) The administrator of workers' compensation;

1393

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

(14) The president of the Ohio grantmakers forum;

1396

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

1397

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

1398

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

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

(19) The president of the Ohio united way;

1403

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

1404

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

1405

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1551

(H) As used in this section:

1552

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11) A joint self-insurance program shall pay the run-off	1754
expenses of a participating political subdivision that terminates	1755
its participation in the program if the political subdivision has	1756
accumulated funds in the reserves for incurred but not reported	1757
claims. The run-off payment, at minimum, shall be limited to an	1758
actuarially determined cap or sixty days, whichever is reached	1759
first.	1760

(D) A political subdivision may procure group life insurance	1761
for its employees in conjunction with an individual or joint	1762
self-insurance program authorized by this section, provided that	1763
the policy of group life insurance is not self-insured.	1764

(E) This section does not apply to individual self-insurance	1765
programs created solely by municipal corporations as defined in	1766
section 5705.01 of the Revised Code.	1767

(F) A public official or employee of a political subdivision	1768
who is or becomes a member of the governing body of the program	1769
administrator of a joint self-insurance program in which the	1770
political subdivision participates is not in violation of division	1771
(D) or (E) of section 102.03, division (C) of section 102.04, or	1772
section 2921.42 of the Revised Code as a result of either of the	1773
following:	1774

(1) The political subdivision's entering under this section	1775
into the written agreement to participate in the joint	1776
self-insurance program;	1777

(2) The political subdivision's entering under this section	1778
into any other contract with the joint self-insurance program.	1779

Sec. 9.90. (A) ~~The following applies until the department of~~	1780
~~administrative services implements healthcare plans designed under~~	1781
~~section 9.901 of the Revised Code. If those plans do not include~~	1782
~~or address any benefits listed in this section, or if the board of~~	1783
~~trustees or other governing body of a state institution of higher~~	1784
~~education, as defined in section 3345.011 of the Revised Code,~~	1785
~~board of education of a school district, or governing board of an~~	1786
~~educational service center do not elect to be covered under a plan~~	1787
~~offered by the department of administrative services under section~~	1788
~~9.901 of the Revised Code, the following provisions continue in~~	1789
~~effect for those benefits.~~ The board of trustees or other	1790
governing body of a state institution of higher education, as	1791
defined in section 3345.011 of the Revised Code, board of	1792
education of a school district, or governing board of an	1793
educational service center may, in addition to all other powers	1794
provided in the Revised Code:	1795

(1) Contract for, purchase, or otherwise procure from an	1796
insurer or insurers licensed to do business by the state of Ohio	1797
for or on behalf of such of its employees as it may determine,	1798
life insurance, or sickness, accident, annuity, endowment, health,	1799
medical, hospital, dental, or surgical coverage and benefits, or	1800
any combination thereof, by means of insurance plans or other	1801
types of coverage, family, group or otherwise, and may pay from	1802
funds under its control and available for such purpose all or any	1803
portion of the cost, premium, or charge for such insurance,	1804
coverage, or benefits. However, the governing board, in addition	1805
to or as an alternative to the authority otherwise granted by	1806
division (A)(1) of this section, may elect to procure coverage for	1807
health care services, for or on behalf of such of its employees as	1808
it may determine, by means of policies, contracts, certificates,	1809
or agreements issued by at least two health insuring corporations	1810
holding a certificate of authority under Chapter 1751. of the	1811
Revised Code and may pay from funds under the governing board's	1812
control and available for such purpose all or any portion of the	1813
cost of such coverage.	1814

(2) Make payments to a custodial account for investment in	1815
regulated investment company stock for the purpose of providing	1816
retirement benefits as described in section 403(b)(7) of the	1817
Internal Revenue Code of 1954, as amended. Such stock shall be	1818
purchased only from persons authorized to sell such stock in this	1819
state.	1820

Any income of an employee deferred under divisions (A)(1) and	1821
(2) of this section in a deferred compensation program eligible	1822
for favorable tax treatment under the Internal Revenue Code of	1823
1954, as amended, shall continue to be included as regular	1824
compensation for the purpose of computing the contributions to and	1825
benefits from the retirement system of such employee. Any sum so	1826
deferred shall not be included in the computation of any federal	1827
and state income taxes withheld on behalf of any such employee.	1828

(B) All or any portion of the cost, premium, or charge	1829
therefor may be paid in such other manner or combination of	1830
manners as the board or governing body may determine, including	1831
direct payment by the employee in cases under division (A)(1) of	1832
this section, and, if authorized in writing by the employee in	1833
cases under division (A)(1) or (2) of this section, by the board	1834
or governing body with moneys made available by deduction from or	1835
reduction in salary or wages or by the foregoing of a salary or	1836
wage increase. Nothing in section 3917.01 or section 3917.06 of	1837
the Revised Code shall prohibit the issuance or purchase of group	1838
life insurance authorized by this section by reason of payment of	1839
premiums therefor by the board or governing body from its funds,	1840
and such group life insurance may be so issued and purchased if	1841
otherwise consistent with the provisions of sections 3917.01 to	1842
3917.07 of the Revised Code.	1843

(C) The board of education of any school district may	1844
exercise any of the powers granted to the governing boards of	1845
public institutions of higher education under divisions (A) and	1846
(B) of this section. All health care benefits provided to persons	1847
employed by the public schools of this state shall be through	1848
health care plans that contain best practices established by the	1849
department of administrative services pursuant to section 9.901 of	1850
the Revised Code.	1851

~~(D) Once the department of administrative services releases~~	1852
~~in final form health care plans designed under section 9.901 of~~	1853
~~the Revised Code, all health care benefits provided to persons~~	1854
~~employed by state institutions of higher education, school~~	1855
~~districts, or educational service centers may be through those~~	1856
~~plans.~~	1857

Sec. 9.901. (A)(1) All health care benefits provided to	1858
persons employed by ~~the political subdivisions and~~ public ~~school~~	1859
~~districts of~~employers as defined by this ~~state~~section shall be	1860
provided by health care plans that contain best practices	1861
established ~~pursuant to this section~~ by the former school	1862
employees health care board or the department of administrative	1863
services. ~~Twelve months after the release of best practices by~~	1864
~~the board all~~All policies or contracts for health care benefits	1865
~~provided to public school district employees~~ that are issued or	1866
renewed after the expiration of any applicable collective	1867
bargaining agreement must contain all best practices established	1868
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1869
~~or all of the health~~Health care plans that contain the best	1870
practices ~~specified by the board~~ may be self-insured.	1871

(2) Upon ~~completion of the consultant's report under division~~	1872
~~(E) of this section and once the plans are released in final form~~	1873
~~by the department, all health care benefits provided to persons~~	1874
~~employed by political subdivisions, public school districts, and~~	1875
~~state institutions of higher education may be provided by health~~	1876
~~care plans designed under this section by the department. The~~	1877
~~department, in consultation with the superintendent of insurance,~~	1878
~~may negotiate with and, in accordance with the competitive~~	1879
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1880
~~with one or more insurance companies authorized to do business in~~	1881
~~this state for the issuance of the plans. Any or all of the health~~	1882
~~care plans designed by the department may be self-insured. All~~	1883
~~self-insured plans adopted shall be administered by the department~~	1884
~~in accordance with this section. The plans shall incorporate the~~	1885
~~best practices adopted by the department under division (C)(3) of~~	1886
~~this section~~consulting with the department of administrative	1887
services, a political subdivision may adopt a delivery system of	1888
benefits that is not in accordance with the department's adopted	1889
best practices if it is considered by the department to be most	1890
financially advantageous to the political subdivision.	1891

(3) ~~Before soliciting proposals from insurance companies for~~	1892
~~the issuance of health care plans, the department, in consultation~~	1893
~~with the superintendent of insurance, shall determine what~~	1894
~~geographic regions exist in the state based on the availability of~~	1895
~~providers, networks, costs, and other factors relating to~~	1896
~~providing health care benefits. The department shall then~~	1897
~~determine what health care plans offered by political~~	1898
~~subdivisions, public school districts, state institutions, and~~	1899
~~existing consortiums in the region offer the most cost-effective~~	1900
~~plan.~~	1901

~~(4) The department, in consultation with the superintendent~~	1902
~~of insurance, shall develop a request for proposals and solicit~~	1903
~~bids for health care plans for political subdivisions, public~~	1904
~~school districts, and state institutions in a region similar to~~	1905
~~the existing plans. The department shall also determine the~~	1906
~~benefits offered by existing health care plans, the employees'~~	1907
~~costs, and the cost-sharing arrangements used by political~~	1908
~~subdivisions, schools, and institutions participating in a~~	1909
~~consortium. The department shall determine what strategies are~~	1910
~~used by the existing plans to manage health care costs and shall~~	1911
~~study the potential benefits of state or regional consortiums~~	1912
~~offering multiple health care plans. When options exist in a~~	1913
~~defined regional service area that meet the benchmarks or best~~	1914
~~practices prescribed by the department, public employees shall be~~	1915
~~given the option of selecting from two or more health plans.~~	1916

~~(5) No political subdivision, public school district, or~~	1917
~~state institution may be required to offer the health care plans~~	1918
~~designed under this section until action is taken under division~~	1919
~~(E) of this section.~~	1920

~~In addition, political subdivisions, public school districts,~~	1921
~~or state institutions offering employee health care benefits~~	1922
~~through a plan offered by a consortium of two or more political~~	1923
~~subdivisions, districts, or state institutions, or a consortium of~~	1924
~~one or more political subdivisions, districts, or state~~	1925
~~institutions and one or more other political subdivisions may~~	1926
~~continue offering consortium plans to the political subdivisions',~~	1927
~~districts', or institutions' employees if plans contain best~~	1928
~~practices required under this section.~~	1929

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

1930

(a) "Public employer" means political subdivisions, public	1931
school districts, or state institutions of higher education.	1932

(b) "Public school district" means a city, local, exempted	1933
village, or joint vocational school district; a STEM school	1934
established under Chapter 3326. of the Revised Code; or an	1935
educational service center. "Public school district" does not mean	1936
a community school established under Chapter 3314. of the Revised	1937
Code.	1938

~~(b)~~(c) "State institution of higher education" or "state	1939
institution" means a state institution of higher education as	1940
defined in section 3345.011 of the Revised Code.	1941

~~(c)~~(d) "Political subdivision" has the same meaning as	1942
defined in section 9.833 of the Revised Code.	1943

~~(d)~~(e) A "health care plan" includes group policies,	1944
contracts, and agreements that provide hospital, surgical, or	1945
medical expense coverage, including self-insured plans. A "health	1946
care plan" does not include an individual plan offered to the	1947
employees of a political subdivision, public school district, or	1948
state institution, or a plan that provides coverage only for	1949
specific disease or accidents, or a hospital indemnity, medicare	1950
supplement, or other plan that provides only supplemental	1951
benefits, paid for by the employees of a political subdivision,	1952
public school district, or state institution.	1953

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1954
public school district, a state institution of higher education, a	1955
consortium of political subdivisions, public school districts, or	1956
state institutions, or a council of governments.	1957

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1958
care fund is hereby created in the state treasury. The department	1959
shall use all funds in the ~~political subdivisions and~~ public	1960
employees health care fund solely to carry out the provisions of	1961
this section and related administrative costs.	1962

~~(C)~~(B) The department of administrative services shall do all	1963
of the following:	1964

(1) ~~Include disease management and consumer education~~	1965
~~programs, which programs shall include, but are not limited to,~~	1966
~~wellness programs and other measures designed to encourage the~~	1967
~~wise use of medical plan coverage. These programs are not services~~	1968
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1969

~~(2) After action is taken under division (E) of this section,~~	1970
~~design health care plans for political subdivisions, public school~~	1971
~~districts, and state institutions of higher education in~~	1972
~~accordance with division (A) of this section separate from the~~	1973
~~plans for state agencies;~~	1974

~~(3) Adopt and release a set of standards that shall be~~	1975
~~considered the best practices for health care plans offered to~~	1976
~~employees of political subdivisions, public school districts, and~~	1977
~~state institutions.~~	1978

~~(4) Require that the plans the health plan sponsors~~	1979
~~administer make readily available to the public all cost and~~	1980
~~design elements of the plan;~~	1981

~~(5) Set employee and employer health care plan premiums for~~	1982
~~the plans designed under division (C)(2) of this section;~~	1983

~~(6) Promote cooperation among all organizations affected by~~	1984
~~this section in identifying the elements for the successful~~	1985
~~implementation of this section;~~	1986

~~(7) Promote cost containment measures aligned with patient,~~	1987
~~plan, and provider management strategies in developing and~~	1988
~~managing health care plans;~~	1989

~~(8) Prepare and disseminate to the public an annual report on~~	1990
~~the status of health plan sponsors' effectiveness in making~~	1991
~~progress to reduce the rate of increase in insurance premiums and~~	1992
~~employee out of pocket expenses, as well as progress in improving~~	1993
~~the health status of political subdivision, public school~~	1994
~~district, and state institution employees and their families.~~	1995

~~(D) The sections in Chapter 3923. of the Revised Code~~	1996
~~regulating public employee benefit plans are not applicable to the~~	1997
~~health care plans designed pursuant to this section.~~	1998

~~(E) Before the department's release of the initial health~~	1999
~~care plans, the department shall contract with an independent~~	2000
~~consultant to analyze costs related to employee health care~~	2001
~~benefits provided by existing political subdivision, public school~~	2002
~~district, and state institution plans. All political subdivisions~~	2003
~~shall provide information requested by the department that the~~	2004
~~department determines is needed to complete this study. The~~	2005
~~information requested shall be held confidentially by the~~	2006
~~department and shall not be considered a public record under~~	2007
~~Chapter 149. of the Revised Code. The department may release the~~	2008
~~information after redacting all personally identifiable~~	2009
~~information. The consultant shall determine the benefits offered~~	2010
~~by existing plans, the employees' costs, and the cost-sharing~~	2011
~~arrangements used by political subdivisions, schools, and~~	2012
~~institutions participating in a consortium. The consultant shall~~	2013
~~determine what strategies are used by the existing plans to manage~~	2014
~~health care costs and shall study the potential benefits of state~~	2015
~~or regional consortiums of political subdivisions, public schools,~~	2016
~~and institutions offering multiple health care plans. Based on the~~	2017
~~findings of the analysis, the consultant shall submit written~~	2018
~~recommendations to the department for the development and~~	2019
~~implementation of a successful program for pooling purchasing~~	2020
~~power for the acquisition of employee health care plans. The~~	2021
~~consultant's recommendations shall address, at a minimum, all of~~	2022
~~the following issues:~~	2023

~~(1) The development of a plan for regional coordination of~~	2024
~~the health care plans;~~	2025

~~(2) The establishment of regions for the provision of health~~	2026
~~care plans, based on the availability of providers and plans in~~	2027
~~the state at the time;~~	2028

~~(3) The viability of voluntary and mandatory participation by~~	2029
~~political subdivisions, public schools, and institutions of higher~~	2030
~~education;~~	2031

~~(4) The use of regional preferred provider and closed panel~~	2032
~~plans, health savings accounts, and alternative health care plans,~~	2033
~~to stabilize both costs and the premiums charged to political~~	2034
~~subdivisions, public school districts, and state institutions and~~	2035
~~their employees;~~	2036

~~(5) The use of the competitive bidding process for regional~~	2037
~~health care plans;~~	2038

~~(6) The use of information on claims and costs and of~~	2039
~~information reported by political subdivisions, public school~~	2040
~~districts, and state institutions pursuant to the Consolidated~~	2041
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	2042
~~1161, as amended in analyzing administrative and premium costs;~~	2043

~~(7) The experience of states that have statewide health care~~	2044
~~plans for political subdivision, public school district, and state~~	2045
~~institution employees, including the implementation strategies~~	2046
~~used by those states;~~	2047

~~(8) Recommended strategies for the use of first-year roll-in~~	2048
~~premiums in the transition from political subdivision, district,~~	2049
~~and state institution health care plans to department plans;~~	2050

~~(9) The option of allowing political subdivisions, public~~	2051
~~school districts, and state institutions to join an existing~~	2052
~~regional consortium as an alternative to department plans;~~	2053

~~(10) Mandatory and optional coverages to be offered by the~~	2054
~~department's plans;~~	2055

~~(11) Potential risks to the state from the use of plans~~	2056
~~developed under this section;~~	2057

~~(12) Any legislation needed to ensure the long-term financial~~	2058
~~solvency and stability of a health care purchasing system;~~	2059

~~(13) The potential impacts of any changes to the existing~~	2060
~~purchasing structure on all of the following:~~	2061

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

2062

~~(b) Political subdivision, school district, and state~~	2063
~~institution employees;~~	2064

~~(c) Individual political subdivisions, school districts, and~~	2065
~~state institutions.~~	2066

~~(14) Issues that could arise when political subdivisions,~~	2067
~~school districts, and state institutions transition from the~~	2068
~~existing purchasing structure to a new purchasing structure;~~	2069

~~(15) Strategies available to the department in the creation~~	2070
~~of fund reserves and the need for stop-loss insurance coverage for~~	2071
~~catastrophic losses;~~	2072

~~(16) Impact on eliminating the premium tax or excise~~	2073
~~currently received on behalf of a public employer under division~~	2074
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	2075
~~Code;~~	2076

~~(17) How development of the federal health exchange in Ohio~~	2077
~~may impact public employees;~~	2078

~~(18) Impact of joint health insurance regional program on~~	2079
~~insurance carriers and agents;~~	2080

~~(19) The benefits, including any cost savings to the state of~~	2081
~~establishing a benchmark for public employers to meet in lieu of~~	2082
~~establishing new plans administered by the department.~~	2083

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

2084

(2) Study the potential benefits of state or regional	2085
consortiums of public employers' health care plans;	2086

(3) Publish information regarding the health care plans	2087
offered by political subdivisions, public school districts, state	2088
institutions, and existing consortiums;	2089

(4) Assist in the design of health care plans for political	2090
subdivisions, public school districts, and state institutions of	2091
higher education in accordance with division (A) of this section	2092
separate from the plans for state agencies;	2093

(5) Adopt and release a set of standards that shall be	2094
considered the best practices for health care plans offered to	2095
employees of political subdivisions, public school districts, and	2096
state institutions;	2097

(6) Require that plans the health plan sponsors administer	2098
make readily available to the public all cost and design elements	2099
of the plan;	2100

(7) Promote cooperation among all organizations affected by	2101
this section in identifying the elements for successful	2102
implementation of this section;	2103

(8) Promote cost containment measures aligned with patient,	2104
plan, and provider management strategies in developing and	2105
managing health care plans; and	2106

(9) Prepare and disseminate to the public an annual report on	2107
the status of health plan sponsors' effectiveness in complying	2108
with best practices and making progress to reduce the rate of	2109
increase in insurance premiums and employee out-of-pocket	2110
expenses, as well as progress in improving the health status of	2111
employees and their families.	2112

(C) The director of administrative services may convene a	2113
public health care advisory committee ~~is hereby created under the~~	2114
~~department of administrative services~~. The committee shall make	2115
recommendations to the director of administrative services or the	2116
director's designee on the development and adoption of best	2117
practices under this section. The committee shall consist of	2118
fifteen members: five members appointed by the speaker of the	2119
house of representatives,; five members appointed by the president	2120
of the senate,; and five members appointed by the governor and	2121
shall include representatives from state and local government	2122
employers, state and local government employees, insurance agents,	2123
health insurance companies, and joint purchasing arrangements	2124
currently in existence. ~~Nothing in this section prohibits a~~	2125
~~political subdivision from adopting a delivery system of benefits~~	2126
~~that is not in accordance with the department's adopted best~~	2127
~~practices if it is considered to be most financially advantageous~~	2128
~~to the political subdivision.~~Members shall serve without	2129
compensation.	2130

~~(G)~~(D) The department may adopt rules for the enforcement of	2131
health plan sponsors' compliance with the best practices standards	2132
adopted by the department pursuant to this section.	2133

~~(H)~~(E) Any health care plan providing coverage for the	2134
employees of political subdivisions, public school districts, or	2135
state institutions of higher education, or that have provided	2136
coverage within two years before the effective date of this	2137
amendment, shall provide nonidentifiable aggregate claims and	2138
administrative data for the coverage provided as required by the	2139
department, without charge, within thirty days after receiving a	2140
written request from the department. The claims data shall include	2141
data relating to employee group benefit sets, demographics, and	2142
claims experience.	2143

~~(I)(1)~~(F) The department may ~~contract~~work with other state	2144
agencies ~~for~~to obtain services as the department deems necessary	2145
for the implementation and operation of this section, based on	2146
demonstrated experience and expertise in administration,	2147
management, data handling, actuarial studies, quality assurance,	2148
or for other needed services.	2149

~~(2)~~(G) The department shall hire staff as necessary to	2150
provide administrative support to the department and the public	2151
employee health care plan program established by this section.	2152

~~(J) Not more than ninety days before coverage begins for~~	2153
~~political subdivision, public school district, and state~~	2154
~~institution employees under health care plans designed by the~~	2155
~~department, a political subdivision's governing body, public~~	2156
~~school district's board of education, and a state institution's~~	2157
~~board of trustees or managing authority shall provide detailed~~	2158
~~information about the health care plans to the employees.~~	2159

~~(K)~~(H) Nothing in this section shall be construed as	2160
prohibiting political subdivisions, public school districts, or	2161
state institutions from consulting with and compensating insurance	2162
agents and brokers for professional services or from establishing	2163
a self-insurance program.	2164

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	2165
auditor of state shall conduct all necessary and required audits	2166
of the department. The auditor of state, upon request, also shall	2167
furnish to the department copies of audits of political	2168
subdivisions, public school districts, or consortia performed by	2169
the auditor of state.	2170

Sec. 101.39. (A) There is hereby created the joint	2171
legislative committee on health care oversight. The committee may	2172
review or study any matter related to the provision of health care	2173
services that it considers of significance to the citizens of this	2174
state, including the availability of health care, the quality of	2175
health care, the effectiveness and efficiency of managed care	2176
systems, and the operation of the ~~medical assistance~~medicaid	2177
program ~~established under Chapter 5111. of the Revised Code~~ or	2178
other government health programs.	2179

The department of ~~job and family services~~medicaid,	2180
department of health, department of aging, department of ~~mental~~	2181
~~health~~mental health and addiction services, department of	2182
developmental disabilities, ~~department of alcohol and drug~~	2183
~~addiction services,~~ and other state agencies shall cooperate with	2184
the committee in its study and review of health care issues. On	2185
request, the departments shall provide the committee with reports	2186
and other information sufficient for the committee to fulfill its	2187
duties.	2188

The committee may issue recommendations as it determines	2189
appropriate. The recommendations may be made to the general	2190
assembly, state agencies, private industry, or any other entity.	2191

(B) The committee shall consist of the following members of	2192
the general assembly: the chairperson of the senate's standing	2193
committee with primary responsibility for health legislation, the	2194
chairperson of the house of representatives' standing committee	2195
with primary responsibility for health legislation, four members	2196
of the house of representatives appointed by the speaker of the	2197
house of representatives, and four members of the senate appointed	2198
by the president of the senate. Not more than two members	2199
appointed by the speaker of the house of representatives and not	2200
more than two members appointed by the president of the senate may	2201
be of the same political party. Except in 1995, appointments shall	2202
be made not later than fifteen days after the commencement of the	2203
first regular session of each general assembly. The chairpersons	2204
of the standing committees with primary responsibility for health	2205
legislation shall serve as co-chairpersons of the committee.	2206

Each member of the committee shall hold office during the	2207
general assembly in which the member is appointed and until a	2208
successor has been appointed, notwithstanding the adjournment sine	2209
die of the general assembly in which the member was appointed or	2210
the expiration of the member's term as a member of the general	2211
assembly. Any vacancies occurring among the members of the	2212
committee shall be filled in the manner of the original	2213
appointment.	2214

The committee shall meet at least quarterly and at the call	2215
of the co-chairpersons. The co-chairpersons shall determine the	2216
time, place, and agenda for each meeting of the committee.	2217

The committee has the same powers as other standing or select	2218
committees of the general assembly. The committee may request	2219
assistance from the legislative service commission.	2220

Sec. 101.391. (A) There is hereby created the joint	2221
legislative committee on medicaid technology and reform. The	2222
committee may review or study any matter that it considers	2223
relevant to the operation of the medicaid program ~~established~~	2224
~~under Chapter 5111. of the Revised Code~~, with priority given to	2225
the study or review of mechanisms to enhance the program's	2226
effectiveness through improved technology systems and program	2227
reform.	2228

(B) The committee shall consist of five members of the house	2229
of representatives appointed by the speaker of the house of	2230
representatives and five members of the senate appointed by the	2231
president of the senate. Not more than three members appointed by	2232
the speaker of the house of representatives and not more than	2233
three members appointed by the president of the senate may be of	2234
the same political party.	2235

Each member of the committee shall hold office during the	2236
general assembly in which the member is appointed and until a	2237
successor has been appointed, notwithstanding the adjournment sine	2238
die of the general assembly in which the member was appointed or	2239
the expiration of the member's term as a member of the general	2240
assembly. Any vacancies occurring among the members of the	2241
committee shall be filled in the manner of the original	2242
appointment.	2243

(C) The committee has the same powers as other standing or	2244
select committees of the general assembly. The committee may	2245
employ an executive director.	2246

Sec. 101.392. (A) As used in this section, "Affordable Care	2247
Act" means the federal "Patient Protection and Affordable Care Act	2248
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2249
federal "Health Care and Education Reconciliation Act of 2010,"	2250
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2251
or any regulations or guidance issued under those acts.	2252

(B)(1) There is hereby created the joint legislative	2253
committee on the Affordable Care Act. The committee may review or	2254
study any matter that it considers relevant to the operation and	2255
impact of the Affordable Care Act in this state.	2256

(2) The committee shall study and assess the impact of the	2257
Affordable Care Act on the income of students attending colleges	2258
and universities in this state who are employed by state	2259
institutions of higher education, as defined in section 3345.011	2260
of the Revised Code.	2261

(C) The committee shall consist of three members of the house	2262
of representatives appointed by the speaker of the house of	2263
representatives, and three members of the senate appointed by the	2264
president of the senate. Two members appointed by the speaker of	2265
the house of representatives shall be from the majority party and	2266
one member shall be from the minority party, and two members	2267
appointed by the president of the senate shall be from the	2268
majority party and one member shall be from the minority party.	2269

Each member of the committee shall hold office during the	2270
general assembly in which the member is appointed and until a	2271
successor has been appointed, notwithstanding the adjournment sine	2272
die of the general assembly in which the member was appointed or	2273
the expiration of the member's term as a member of the general	2274
assembly. Any vacancies occurring among the members of the	2275
committee shall be filled in the manner of the original	2276
appointment.	2277

(D) The committee has the same powers as other standing or	2278
select committees of the general assembly. The committee may	2279
request assistance from the legislative service commission.	2280

Sec. 102.02. (A) Except as otherwise provided in division	2281
(H) of this section, all of the following shall file with the	2282
appropriate ethics commission the disclosure statement described	2283
in this division on a form prescribed by the appropriate	2284
commission: every person who is elected to or is a candidate for a	2285
state, county, or city office or an office of a township with a	2286
population of five thousand or more, as determined by the most	2287
recent federal decennial census, and every person who is appointed	2288
to fill a vacancy for an unexpired term in such an elective	2289
office; all members of the state board of education; the director,	2290
assistant directors, deputy directors, division chiefs, or persons	2291
of equivalent rank of any administrative department of the state;	2292
the president or other chief administrative officer of every state	2293
institution of higher education as defined in section 3345.011 of	2294
the Revised Code; the executive director and the members of the	2295
capitol square review and advisory board appointed or employed	2296
pursuant to section 105.41 of the Revised Code; all members of the	2297
Ohio casino control commission, the executive director of the	2298
commission, all professional employees of the commission, and all	2299
technical employees of the commission who perform an internal	2300
audit function; the individuals set forth in division (B)(2) of	2301
section 187.03 of the Revised Code; the chief executive officer	2302
and the members of the board of each state retirement system; each	2303
employee of a state retirement board who is a state retirement	2304
system investment officer licensed pursuant to section 1707.163 of	2305
the Revised Code; the members of the Ohio retirement study council	2306
appointed pursuant to division (C) of section 171.01 of the	2307
Revised Code; employees of the Ohio retirement study council,	2308
other than employees who perform purely administrative or clerical	2309
functions; the administrator of workers' compensation and each	2310
member of the bureau of workers' compensation board of directors;	2311
the bureau of workers' compensation director of investments; the	2312
chief investment officer of the bureau of workers' compensation;	2313
all members of the board of commissioners on grievances and	2314
discipline of the supreme court and the ethics commission created	2315
under section 102.05 of the Revised Code; every business manager,	2316
treasurer, or superintendent of a city, local, exempted village,	2317
joint vocational, or cooperative education school district or an	2318
educational service center; every person who is elected to or is a	2319
candidate for the office of member of a board of education of a	2320
city, local, exempted village, joint vocational, or cooperative	2321
education school district or of a governing board of an	2322
educational service center that has a total student count of	2323
twelve thousand or more as most recently determined by the	2324
department of education pursuant to section 3317.03 of the Revised	2325
Code; every person who is appointed to the board of education of a	2326
municipal school district pursuant to division (B) or (F) of	2327
section 3311.71 of the Revised Code; all members of the board of	2328
directors of a sanitary district that is established under Chapter	2329
6115. of the Revised Code and organized wholly for the purpose of	2330
providing a water supply for domestic, municipal, and public use,	2331
and that includes two municipal corporations in two counties;	2332
every public official or employee who is paid a salary or wage in	2333
accordance with schedule C of section 124.15 or schedule E-2 of	2334
section 124.152 of the Revised Code; members of the board of	2335
trustees and the executive director of the southern Ohio	2336
agricultural and community development foundation; all members	2337
appointed to the Ohio livestock care standards board under section	2338
904.02 of the Revised Code; and every other public official or	2339
employee who is designated by the appropriate ethics commission	2340
pursuant to division (B) of this section.	2341

The disclosure statement shall include all of the following:

2342

(1) The name of the person filing the statement and each	2343
member of the person's immediate family and all names under which	2344
the person or members of the person's immediate family do	2345
business;	2346

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	2347
and except as otherwise provided in section 102.022 of the Revised	2348
Code, identification of every source of income, other than income	2349
from a legislative agent identified in division (A)(2)(b) of this	2350
section, received during the preceding calendar year, in the	2351
person's own name or by any other person for the person's use or	2352
benefit, by the person filing the statement, and a brief	2353
description of the nature of the services for which the income was	2354
received. If the person filing the statement is a member of the	2355
general assembly, the statement shall identify the amount of every	2356
source of income received in accordance with the following ranges	2357
of amounts: zero or more, but less than one thousand dollars; one	2358
thousand dollars or more, but less than ten thousand dollars; ten	2359
thousand dollars or more, but less than twenty-five thousand	2360
dollars; twenty-five thousand dollars or more, but less than fifty	2361
thousand dollars; fifty thousand dollars or more, but less than	2362
one hundred thousand dollars; and one hundred thousand dollars or	2363
more. Division (A)(2)(a) of this section shall not be construed to	2364
require a person filing the statement who derives income from a	2365
business or profession to disclose the individual items of income	2366
that constitute the gross income of that business or profession,	2367
except for those individual items of income that are attributable	2368
to the person's or, if the income is shared with the person, the	2369
partner's, solicitation of services or goods or performance,	2370
arrangement, or facilitation of services or provision of goods on	2371
behalf of the business or profession of clients, including	2372
corporate clients, who are legislative agents. A person who files	2373
the statement under this section shall disclose the identity of	2374
and the amount of income received from a person who the public	2375
official or employee knows or has reason to know is doing or	2376
seeking to do business of any kind with the public official's or	2377
employee's agency.	2378

(b) If the person filing the statement is a member of the	2379
general assembly, the statement shall identify every source of	2380
income and the amount of that income that was received from a	2381
legislative agent during the preceding calendar year, in the	2382
person's own name or by any other person for the person's use or	2383
benefit, by the person filing the statement, and a brief	2384
description of the nature of the services for which the income was	2385
received. Division (A)(2)(b) of this section requires the	2386
disclosure of clients of attorneys or persons licensed under	2387
section 4732.12 of the Revised Code, or patients of persons	2388
certified under section 4731.14 of the Revised Code, if those	2389
clients or patients are legislative agents. Division (A)(2)(b) of	2390
this section requires a person filing the statement who derives	2391
income from a business or profession to disclose those individual	2392
items of income that constitute the gross income of that business	2393
or profession that are received from legislative agents.	2394

(c) Except as otherwise provided in division (A)(2)(c) of	2395
this section, division (A)(2)(a) of this section applies to	2396
attorneys, physicians, and other persons who engage in the	2397
practice of a profession and who, pursuant to a section of the	2398
Revised Code, the common law of this state, a code of ethics	2399
applicable to the profession, or otherwise, generally are required	2400
not to reveal, disclose, or use confidences of clients, patients,	2401
or other recipients of professional services except under	2402
specified circumstances or generally are required to maintain	2403
those types of confidences as privileged communications except	2404
under specified circumstances. Division (A)(2)(a) of this section	2405
does not require an attorney, physician, or other professional	2406
subject to a confidentiality requirement as described in division	2407
(A)(2)(c) of this section to disclose the name, other identity, or	2408
address of a client, patient, or other recipient of professional	2409
services if the disclosure would threaten the client, patient, or	2410
other recipient of professional services, would reveal details of	2411
the subject matter for which legal, medical, or professional	2412
advice or other services were sought, or would reveal an otherwise	2413
privileged communication involving the client, patient, or other	2414
recipient of professional services. Division (A)(2)(a) of this	2415
section does not require an attorney, physician, or other	2416
professional subject to a confidentiality requirement as described	2417
in division (A)(2)(c) of this section to disclose in the brief	2418
description of the nature of services required by division	2419
(A)(2)(a) of this section any information pertaining to specific	2420
professional services rendered for a client, patient, or other	2421
recipient of professional services that would reveal details of	2422
the subject matter for which legal, medical, or professional	2423
advice was sought or would reveal an otherwise privileged	2424
communication involving the client, patient, or other recipient of	2425
professional services.	2426

(3) The name of every corporation on file with the secretary	2427
of state that is incorporated in this state or holds a certificate	2428
of compliance authorizing it to do business in this state, trust,	2429
business trust, partnership, or association that transacts	2430
business in this state in which the person filing the statement or	2431
any other person for the person's use and benefit had during the	2432
preceding calendar year an investment of over one thousand dollars	2433
at fair market value as of the thirty-first day of December of the	2434
preceding calendar year, or the date of disposition, whichever is	2435
earlier, or in which the person holds any office or has a	2436
fiduciary relationship, and a description of the nature of the	2437
investment, office, or relationship. Division (A)(3) of this	2438
section does not require disclosure of the name of any bank,	2439
savings and loan association, credit union, or building and loan	2440
association with which the person filing the statement has a	2441
deposit or a withdrawable share account.	2442

(4) All fee simple and leasehold interests to which the	2443
person filing the statement holds legal title to or a beneficial	2444
interest in real property located within the state, excluding the	2445
person's residence and property used primarily for personal	2446
recreation;	2447

(5) The names of all persons residing or transacting business	2448
in the state to whom the person filing the statement owes, in the	2449
person's own name or in the name of any other person, more than	2450
one thousand dollars. Division (A)(5) of this section shall not be	2451
construed to require the disclosure of debts owed by the person	2452
resulting from the ordinary conduct of a business or profession or	2453
debts on the person's residence or real property used primarily	2454
for personal recreation, except that the superintendent of	2455
financial institutions shall disclose the names of all	2456
state-chartered savings and loan associations and of all service	2457
corporations subject to regulation under division (E)(2) of	2458
section 1151.34 of the Revised Code to whom the superintendent in	2459
the superintendent's own name or in the name of any other person	2460
owes any money, and that the superintendent and any deputy	2461
superintendent of banks shall disclose the names of all	2462
state-chartered banks and all bank subsidiary corporations subject	2463
to regulation under section 1109.44 of the Revised Code to whom	2464
the superintendent or deputy superintendent owes any money.	2465

(6) The names of all persons residing or transacting business	2466
in the state, other than a depository excluded under division	2467
(A)(3) of this section, who owe more than one thousand dollars to	2468
the person filing the statement, either in the person's own name	2469
or to any person for the person's use or benefit. Division (A)(6)	2470
of this section shall not be construed to require the disclosure	2471
of clients of attorneys or persons licensed under section 4732.12	2472
or 4732.15 of the Revised Code, or patients of persons certified	2473
under section 4731.14 of the Revised Code, nor the disclosure of	2474
debts owed to the person resulting from the ordinary conduct of a	2475
business or profession.	2476

(7) Except as otherwise provided in section 102.022 of the	2477
Revised Code, the source of each gift of over seventy-five	2478
dollars, or of each gift of over twenty-five dollars received by a	2479
member of the general assembly from a legislative agent, received	2480
by the person in the person's own name or by any other person for	2481
the person's use or benefit during the preceding calendar year,	2482
except gifts received by will or by virtue of section 2105.06 of	2483
the Revised Code, or received from spouses, parents, grandparents,	2484
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2485
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2486
fathers-in-law, mothers-in-law, or any person to whom the person	2487
filing the statement stands in loco parentis, or received by way	2488
of distribution from any inter vivos or testamentary trust	2489
established by a spouse or by an ancestor;	2490

(8) Except as otherwise provided in section 102.022 of the	2491
Revised Code, identification of the source and amount of every	2492
payment of expenses incurred for travel to destinations inside or	2493
outside this state that is received by the person in the person's	2494
own name or by any other person for the person's use or benefit	2495
and that is incurred in connection with the person's official	2496
duties, except for expenses for travel to meetings or conventions	2497
of a national or state organization to which any state agency,	2498
including, but not limited to, any legislative agency or state	2499
institution of higher education as defined in section 3345.011 of	2500
the Revised Code, pays membership dues, or any political	2501
subdivision or any office or agency of a political subdivision	2502
pays membership dues;	2503

(9) Except as otherwise provided in section 102.022 of the	2504
Revised Code, identification of the source of payment of expenses	2505
for meals and other food and beverages, other than for meals and	2506
other food and beverages provided at a meeting at which the person	2507
participated in a panel, seminar, or speaking engagement or at a	2508
meeting or convention of a national or state organization to which	2509
any state agency, including, but not limited to, any legislative	2510
agency or state institution of higher education as defined in	2511
section 3345.011 of the Revised Code, pays membership dues, or any	2512
political subdivision or any office or agency of a political	2513
subdivision pays membership dues, that are incurred in connection	2514
with the person's official duties and that exceed one hundred	2515
dollars aggregated per calendar year;	2516

(10) If the disclosure statement is filed by a public	2517
official or employee described in division (B)(2) of section	2518
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2519
the Revised Code who receives a statement from a legislative	2520
agent, executive agency lobbyist, or employer that contains the	2521
information described in division (F)(2) of section 101.73 of the	2522
Revised Code or division (G)(2) of section 121.63 of the Revised	2523
Code, all of the nondisputed information contained in the	2524
statement delivered to that public official or employee by the	2525
legislative agent, executive agency lobbyist, or employer under	2526
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2527
the Revised Code.	2528

A person may file a statement required by this section in	2529
person or, by mail, or by electronic means. A person who is a	2530
candidate for elective office shall file the statement no later	2531
than the thirtieth day before the primary, special, or general	2532
election at which the candidacy is to be voted on, whichever	2533
election occurs soonest, except that a person who is a write-in	2534
candidate shall file the statement no later than the twentieth day	2535
before the earliest election at which the person's candidacy is to	2536
be voted on. A person who holds elective office shall file the	2537
statement on or before the fifteenth day of April of each year	2538
unless the person is a candidate for office. A person who is	2539
appointed to fill a vacancy for an unexpired term in an elective	2540
office shall file the statement within fifteen days after the	2541
person qualifies for office. Other persons shall file an annual	2542
statement on or before the fifteenth day of April or, if appointed	2543
or employed after that date, within ninety days after appointment	2544
or employment. No person shall be required to file with the	2545
appropriate ethics commission more than one statement or pay more	2546
than one filing fee for any one calendar year.	2547

The appropriate ethics commission, for good cause, may extend	2548
for a reasonable time the deadline for filing a statement under	2549
this section.	2550

A statement filed under this section is subject to public	2551
inspection at locations designated by the appropriate ethics	2552
commission except as otherwise provided in this section.	2553

(B) The Ohio ethics commission, the joint legislative ethics	2554
committee, and the board of commissioners on grievances and	2555
discipline of the supreme court, using the rule-making procedures	2556
of Chapter 119. of the Revised Code, may require any class of	2557
public officials or employees under its jurisdiction and not	2558
specifically excluded by this section whose positions involve a	2559
substantial and material exercise of administrative discretion in	2560
the formulation of public policy, expenditure of public funds,	2561
enforcement of laws and rules of the state or a county or city, or	2562
the execution of other public trusts, to file an annual statement	2563
on or before the fifteenth day of April under division (A) of this	2564
section. The appropriate ethics commission shall send the public	2565
officials or employees written notice of the requirement by the	2566
fifteenth day of February of each year the filing is required	2567
unless the public official or employee is appointed after that	2568
date, in which case the notice shall be sent within thirty days	2569
after appointment, and the filing shall be made not later than	2570
ninety days after appointment.	2571

Except for disclosure statements filed by members of the	2572
board of trustees and the executive director of the southern Ohio	2573
agricultural and community development foundation, disclosure	2574
statements filed under this division with the Ohio ethics	2575
commission by members of boards, commissions, or bureaus of the	2576
state for which no compensation is received other than reasonable	2577
and necessary expenses shall be kept confidential. Disclosure	2578
statements filed with the Ohio ethics commission under division	2579
(A) of this section by business managers, treasurers, and	2580
superintendents of city, local, exempted village, joint	2581
vocational, or cooperative education school districts or	2582
educational service centers shall be kept confidential, except	2583
that any person conducting an audit of any such school district or	2584
educational service center pursuant to section 115.56 or Chapter	2585
117. of the Revised Code may examine the disclosure statement of	2586
any business manager, treasurer, or superintendent of that school	2587
district or educational service center. Disclosure statements	2588
filed with the Ohio ethics commission under division (A) of this	2589
section by the individuals set forth in division (B)(2) of section	2590
187.03 of the Revised Code shall be kept confidential. The Ohio	2591
ethics commission shall examine each disclosure statement required	2592
to be kept confidential to determine whether a potential conflict	2593
of interest exists for the person who filed the disclosure	2594
statement. A potential conflict of interest exists if the private	2595
interests of the person, as indicated by the person's disclosure	2596
statement, might interfere with the public interests the person is	2597
required to serve in the exercise of the person's authority and	2598
duties in the person's office or position of employment. If the	2599
commission determines that a potential conflict of interest	2600
exists, it shall notify the person who filed the disclosure	2601
statement and shall make the portions of the disclosure statement	2602
that indicate a potential conflict of interest subject to public	2603
inspection in the same manner as is provided for other disclosure	2604
statements. Any portion of the disclosure statement that the	2605
commission determines does not indicate a potential conflict of	2606
interest shall be kept confidential by the commission and shall	2607
not be made subject to public inspection, except as is necessary	2608
for the enforcement of Chapters 102. and 2921. of the Revised Code	2609
and except as otherwise provided in this division.	2610

(C) No person shall knowingly fail to file, on or before the	2611
applicable filing deadline established under this section, a	2612
statement that is required by this section.	2613

(D) No person shall knowingly file a false statement that is	2614
required to be filed under this section.	2615

(E)(1) Except as provided in divisions (E)(2) and (3) of this	2616
section, the statement required by division (A) or (B) of this	2617
section shall be accompanied by a filing fee of sixty dollars.	2618

(2) The statement required by division (A) of this section	2619
shall be accompanied by the following filing fee to be paid by the	2620
person who is elected or appointed to, or is a candidate for, any	2621
of the following offices:	2622

For state office, except member of the		2623
state board of education	$95	2624
For office of member of general assembly	$40	2625
For county office	$60	2626
For city office	$35	2627
For township office	$35	2628
For office of member of the state board		2629
of education	$35	2630
For office of member of a city, local,		2631
exempted village, or cooperative		2632
education board of		2633
education or educational service		2634
center governing board	$30	2635
For position of business manager,		2636
treasurer, or superintendent of a		2637
city, local, exempted village, joint		2638
vocational, or cooperative education		2639
school district or		2640
educational service center	$30	2641

(3) No judge of a court of record or candidate for judge of a	2642
court of record, and no referee or magistrate serving a court of	2643
record, shall be required to pay the fee required under division	2644
(E)(1) or (2) or (F) of this section.	2645

(4) For any public official who is appointed to a nonelective	2646
office of the state and for any employee who holds a nonelective	2647
position in a public agency of the state, the state agency that is	2648
the primary employer of the state official or employee shall pay	2649
the fee required under division (E)(1) or (F) of this section.	2650

(F) If a statement required to be filed under this section is	2651
not filed by the date on which it is required to be filed, the	2652
appropriate ethics commission shall assess the person required to	2653
file the statement a late filing fee of ten dollars for each day	2654
the statement is not filed, except that the total amount of the	2655
late filing fee shall not exceed two hundred fifty dollars.	2656

(G)(1) The appropriate ethics commission other than the Ohio	2657
ethics commission and the joint legislative ethics committee shall	2658
deposit all fees it receives under divisions (E) and (F) of this	2659
section into the general revenue fund of the state.	2660

(2) The Ohio ethics commission shall deposit all receipts,	2661
including, but not limited to, fees it receives under divisions	2662
(E) and (F) of this section, investigative or other fees, costs,	2663
or other funds it receives as a result of court orders, and all	2664
moneys it receives from settlements under division (G) of section	2665
102.06 of the Revised Code, into the Ohio ethics commission fund,	2666
which is hereby created in the state treasury. All moneys credited	2667
to the fund shall be used solely for expenses related to the	2668
operation and statutory functions of the commission.	2669

(3) The joint legislative ethics committee shall deposit all	2670
receipts it receives from the payment of financial disclosure	2671
statement filing fees under divisions (E) and (F) of this section	2672
into the joint legislative ethics committee investigative fund.	2673

(H) Division (A) of this section does not apply to a person	2674
elected or appointed to the office of precinct, ward, or district	2675
committee member under Chapter 3517. of the Revised Code; a	2676
presidential elector; a delegate to a national convention; village	2677
~~or township~~ officials and employees; township officials of a	2678
township with a population of less than five thousand, as	2679
determined by the most recent decennial census; all township	2680
employees; any physician or psychiatrist who is paid a salary or	2681
wage in accordance with schedule C of section 124.15 or schedule	2682
E-2 of section 124.152 of the Revised Code and whose primary	2683
duties do not require the exercise of administrative discretion;	2684
or any member of a board, commission, or bureau of any county or	2685
city who receives less than one thousand dollars per year for	2686
serving in that position.	2687

Sec. 103.0521. If a rule currently in effect is obsolete	2688
because the rule was adopted by an agency that is no longer in	2689
existence and jurisdiction over the rule has not been transferred	2690
to another agency, and if that status is verified by the executive	2691
director of the joint committee on agency rule review, the	2692
executive director shall prepare, for consideration of the joint	2693
committee, a motion that the director of the legislative service	2694
commission remove the obsolete rule from the Administrative Code.	2695

The chairperson of the joint committee, or another member of	2696
the joint committee delegated by the chairperson, shall offer the	2697
motion at the next meeting of the joint committee. If the motion	2698
is agreed to by the joint committee, the executive director shall	2699
transmit a copy of the motion to the director of the legislative	2700
service commission. The executive director shall certify on the	2701
copy transmitted that the motion was agreed to by the joint	2702
committee.	2703

Upon receiving the certified motion, the director of the	2704
legislative service commission shall remove the obsolete rule from	2705
the Administrative Code as directed in the motion. The director	2706
thereafter shall maintain the removed obsolete rule in a file of	2707
obsolete rules. The file of obsolete rules may be maintained in	2708
electronic form.	2709

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2710
Revised Code:	2711

(A) "Mandated benefit" means the following, when considered	2712
in the context of a sickness and accident insurance policy or a	2713
health insuring corporation policy, contract, or agreement:	2714

(1) Any required coverage for a specific medical or	2715
health-related service, treatment, medication, or practice;	2716

(2) Any required coverage for the services of specific health	2717
care providers;	2718

(3) Any requirement that an insurer or health insuring	2719
corporation offer coverage to specific individuals or groups;	2720

(4) Any requirement that an insurer or health insuring	2721
corporation offer specific medical or health-related services,	2722
treatments, medications, or practices to existing insureds or	2723
enrollees;	2724

(5) Any required expansion of, or addition to, existing	2725
coverage;	2726

(6) Any mandated reimbursement amount to specific health care	2727
providers.	2728

(B) "Mandated benefit" does not include any required coverage	2729
or offer of coverage, any required expansion of, or addition to,	2730
existing coverage, or any mandated reimbursement amount to	2731
specific providers, as described in division (A) of this section,	2732
within the context of any public health benefits arrangement,	2733
including but not limited to, the coverage of beneficiaries	2734
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2735
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2736
medicare risk contract or medicare cost contract, or to the	2737
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2738
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2739
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2740
~~the Ohio department of job and family services under Chapter 5111.~~	2741
~~of the Revised Code~~.	2742

Sec. 103.63. There is established an Ohio constitutional	2743
modernization commission consisting of thirty-two members. Twelve	2744
members shall be appointed from the general assembly as follows:	2745
three by the president of the senate, three by the minority leader	2746
of the senate, three by the speaker of the house of	2747
representatives, and three by the minority leader of the house of	2748
representatives. Not later than January 1, 2012, and every two	2749
years thereafter, the twelve general assembly members shall meet,	2750
organize, and elect two co-chairpersons, who shall be from	2751
different political parties. Beginning in 2014, the twelve general	2752
assembly members shall elect one co-chairperson from each house of	2753
the general assembly. The members shall then, by majority vote,	2754
appoint twenty commission members, not from the general assembly.	2755
All appointments shall end on the first day of January of every	2756
even-numbered year, and the commission shall then be re-created in	2757
the manner provided above. Members may be reappointed. Vacancies	2758
on the commission shall be filled in the manner provided for	2759
original appointments.	2760

The members of the commission shall serve without	2761
compensation, but each member shall be reimbursed for actual and	2762
necessary expenses incurred while engaging in the performance of	2763
the member's official duties. Membership on the commission does	2764
not constitute holding another public office. The joint	2765
legislative ethics committee is the appropriate ethics commission	2766
as described in division (F) of section 102.01 of the Revised Code	2767
for matters relating to the public members appointed to the Ohio	2768
constitutional modernization commission.	2769

Sec. 103.83. State-issued payment cards used by the general	2770
assembly or any legislative agency of this state shall be subject	2771
to a single-item purchase limit of ten thousand dollars and the	2772
monthly spending limit imposed by the office of budget and	2773
management on all other payment cardholders. Payment on a card	2774
used by the general assembly or a legislative agency shall not be	2775
required earlier than thirty days after the date of a transaction.	2776

Sec. 107.033. As part of the state budget the governor	2777
submits to the general assembly under section 107.03 of the	2778
Revised Code, the governor shall include the state appropriation	2779
limitations the general assembly shall not exceed when making	2780
aggregate general revenue fund appropriations for each respective	2781
fiscal year of the biennium covered by that budget. The aggregate	2782
general revenue fund appropriations the governor proposes in the	2783
state budget also shall not exceed those limitations for each	2784
respective fiscal year of the biennium covered by that budget.	2785

(A) For fiscal year 2008, the state appropriation limitation	2786
is the sum of the following:	2787

(1) The aggregate general revenue fund appropriations for	2788
fiscal year 2007; plus	2789

(2) The aggregate general revenue fund appropriations for	2790
fiscal year 2007 multiplied by either three and one-half per cent,	2791
or the sum of the rate of inflation plus the rate of population	2792
change, whichever is greater.	2793

(B) For each fiscal year thereafter that is not a recast	2794
fiscal year, the state appropriation limitation is the sum of the	2795
following:	2796

(1) The state appropriation limitation for the previous	2797
fiscal year; plus	2798

(2) The state appropriation limitation for the previous	2799
fiscal year multiplied by either three and one-half per cent, or	2800
the sum of the rate of inflation plus the rate of population	2801
change, whichever is greater.	2802

(C) For each recast fiscal year, the state appropriation	2803
limitation is the sum of the following:	2804

(1) The aggregate general revenue fund appropriations for the	2805
previous fiscal year; plus	2806

(2) The aggregate general revenue fund appropriations for the	2807
previous fiscal year multiplied by either three and one-half per	2808
cent, or the sum of the rate of inflation plus the rate of	2809
population change, whichever is greater.	2810

(D) The state appropriation limitation for a fiscal year	2811
shall be increased by the amount of a nongeneral revenue fund	2812
appropriation made in the immediately preceding fiscal year, if	2813
all of the following apply to the nongeneral revenue fund	2814
appropriation:	2815

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

2816

(2) It is included in the aggregate general revenue fund	2817
appropriations proposed for that fiscal year.	2818

(3) It is being made for the first time from the general	2819
revenue fund.	2820

Sec. 107.12. (A) As used in this section, "organization"	2821
means a faith-based or other organization that is exempt from	2822
federal income taxation under section 501(c)(3) of the "Internal	2823
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2824
and provides charitable services to needy residents of this state.	2825

(B) There is hereby established within the office of the	2826
governor the governor's office of faith-based and community	2827
initiatives. The office shall:	2828

(1) Serve as a clearinghouse of information on federal,	2829
state, and local funding for charitable services performed by	2830
organizations;	2831

(2) Encourage organizations to seek public funding for their	2832
charitable services;	2833

(3) Assist local, state, and federal agencies in coordinating	2834
their activities to secure maximum use of funds and efforts that	2835
benefit people receiving charitable services from organizations;	2836

(4) Advise the governor, general assembly, and the advisory	2837
board of the governor's office of faith-based and community	2838
initiatives on the barriers that exist to collaboration between	2839
organizations and governmental entities and on ways to remove the	2840
barriers.	2841

(C) The governor shall appoint an executive director and	2842
such other staff as may be necessary to manage the office and	2843
perform or oversee the performance of the duties of the office.	2844
Within sixty days after being appointed, and every twelve months	2845
thereafter, the executive director shall distribute to the	2846
advisory board and review with the board a strategic plan. The	2847
executive director shall report to the board at least quarterly on	2848
proposed initiatives and policies. A report shall include the	2849
condition of the budget and the finances of the office.	2850

(D)(1) There is hereby created the advisory board of the	2851
governor's office of faith-based and community initiatives. The	2852
board shall consist of the following members:	2853

(a) The directors of aging, ~~alcohol and drug addiction~~	2854
~~services,~~ rehabilitation and correction, health, job and family	2855
services, developmental disabilities, ~~mental health~~mental health	2856
and addiction services, and youth services, or their designees;	2857

(b) The speaker of the house of representatives shall appoint	2858
to the board two members of the house of representatives, not more	2859
than one of whom shall be from the same political party and at	2860
least one of whom shall be from the legislative black caucus. The	2861
president of the senate shall appoint to the board two members of	2862
the senate, not more than one of whom shall be from the same	2863
political party.	2864

(c) The governor, the speaker of the house of	2865
representatives, and the president of the senate shall each	2866
appoint to the board three representatives of the nonprofit,	2867
faith-based and other nonprofit community.	2868

(2) Terms of the office shall be one year. Any vacancy that	2869
occurs on the board shall be filled in the same manner as the	2870
original appointment.	2871

(3) Members of the board are not entitled to compensation,	2872
but the members appointed by the governor, the speaker of the	2873
house of representatives, and the president of the senate who are	2874
representatives of the nonprofit, faith-based and other nonprofit	2875
community shall be reimbursed for their actual and necessary	2876
expenses that are incurred in relation to board meetings.	2877

(4) The board shall be presided over by a chairperson and a	2878
vice-chairperson, who shall be the members of the board who are	2879
also members of the house of representatives or the senate.	2880
Annually on the first day of January, the chairpersonship and	2881
vice-chairpersonship shall alternate between the members of the	2882
house of representatives and the senate.	2883

(E) The board shall have the following duties:

2884

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

2885

(2) Assist in the dissemination of information about, and in	2886
the stimulation of public awareness of, the service programs	2887
supported by the office;	2888

(3) Review the budget and finances of the office, proposed	2889
initiatives and policies, and the executive director's annual	2890
strategic plan at board meetings;	2891

(4) Provide feedback for and proposed modifications of the	2892
executive director's strategic plan. Within forty-five days after	2893
submitting a strategic plan, the executive director shall contact	2894
each advisory board member to obtain feedback. With the approval	2895
of the advisory board chairperson, the executive director shall	2896
lead a strategic plan discussion at the first board meeting	2897
following the distribution of the strategic plan.	2898

(5) Publish a report of its activities and accomplishments on	2899
or before the first day of August of each year, and deliver copies	2900
of the report to the governor, the speaker and minority leader of	2901
the house of representatives, and the president and minority	2902
leader of the senate.	2903

(F) No member of the board or organization that the member is	2904
affiliated or involved with is eligible to receive any grant that	2905
the office administers or assists in administering.	2906

Sec. 109.06. Before entering upon the discharge of the	2907
duties of ~~his~~ office, the attorney general shall give a bond to	2908
the state in the sum of five thousand dollars, with ~~two or more~~	2909
~~sureties approved by the governor~~a surety authorized to do	2910
business in the state, conditioned for the faithful discharge of	2911
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2912
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2913
~~thereon,~~ shall be deposited with and kept by the secretary of	2914
state ~~and kept~~ in ~~his~~the secretary of state's office.	2915

The first assistant attorney general shall give a bond to the	2916
state in the sum of five thousand dollars, and such other	2917
employees as are designated by the attorney general shall give a	2918
bond to the state in such amounts as the attorney general	2919
determines. Such bonds shall be approved by the attorney general,	2920
conditioned for the faithful discharge of the duties of their	2921
offices, and shall be deposited with and kept by the secretary of	2922
state ~~and kept~~ in ~~his~~the secretary of state's office.	2923

Sec. 109.36. As used in this section and sections 109.361 to	2924
109.366 of the Revised Code:	2925

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

2926

(a) A person who, at the time a cause of action against the	2927
person arises, is serving in an elected or appointed office or	2928
position with the state or is employed by the state.	2929

(b) A person that, at the time a cause of action against the	2930
person, partnership, or corporation arises, is rendering medical,	2931
nursing, dental, podiatric, optometric, physical therapeutic,	2932
psychiatric, or psychological services pursuant to a personal	2933
services contract or purchased service contract with a department,	2934
agency, or institution of the state.	2935

(c) A person that, at the time a cause of action against the	2936
person, partnership, or corporation arises, is rendering peer	2937
review, utilization review, or drug utilization review services in	2938
relation to medical, nursing, dental, podiatric, optometric,	2939
physical therapeutic, psychiatric, or psychological services	2940
pursuant to a personal services contract or purchased service	2941
contract with a department, agency, or institution of the state.	2942

(d) A person who, at the time a cause of action against the	2943
person arises, is rendering medical, nursing, dental, podiatric,	2944
optometric, physical therapeutic, psychiatric, or psychological	2945
services to patients in a state institution operated by the	2946
department of ~~mental health~~mental health and addiction services	2947
pursuant to an agreement with the department.	2948

(2) "Officer or employee" does not include any person	2949
elected, appointed, or employed by any political subdivision of	2950
the state.	2951

(B) "State" means the state of Ohio, including but not	2952
limited to, the general assembly, the supreme court, courts of	2953
appeals, the offices of all elected state officers, and all	2954
departments, boards, offices, commissions, agencies, institutions,	2955
and other instrumentalities of the state of Ohio. "State" does not	2956
include political subdivisions.	2957

(C) "Political subdivisions" of the state means municipal	2958
corporations, townships, counties, school districts, and all other	2959
bodies corporate and politic responsible for governmental	2960
activities only in geographical areas smaller than that of the	2961
state.	2962

(D) "Employer" means the general assembly, the supreme court,	2963
courts of appeals, any office of an elected state officer, or any	2964
department, board, office, commission, agency, institution, or	2965
other instrumentality of the state of Ohio that employs or	2966
contracts with an officer or employee or to which an officer or	2967
employee is elected or appointed.	2968

Sec. 109.57. (A)(1) The superintendent of the bureau of	2969
criminal identification and investigation shall procure from	2970
wherever procurable and file for record photographs, pictures,	2971
descriptions, fingerprints, measurements, and other information	2972
that may be pertinent of all persons who have been convicted of	2973
committing within this state a felony, any crime constituting a	2974
misdemeanor on the first offense and a felony on subsequent	2975
offenses, or any misdemeanor described in division (A)(1)(a),	2976
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2977
all children under eighteen years of age who have been adjudicated	2978
delinquent children for committing within this state an act that	2979
would be a felony or an offense of violence if committed by an	2980
adult or who have been convicted of or pleaded guilty to	2981
committing within this state a felony or an offense of violence,	2982
and of all well-known and habitual criminals. The person in charge	2983
of any county, multicounty, municipal, municipal-county, or	2984
multicounty-municipal jail or workhouse, community-based	2985
correctional facility, halfway house, alternative residential	2986
facility, or state correctional institution and the person in	2987
charge of any state institution having custody of a person	2988
suspected of having committed a felony, any crime constituting a	2989
misdemeanor on the first offense and a felony on subsequent	2990
offenses, or any misdemeanor described in division (A)(1)(a),	2991
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2992
having custody of a child under eighteen years of age with respect	2993
to whom there is probable cause to believe that the child may have	2994
committed an act that would be a felony or an offense of violence	2995
if committed by an adult shall furnish such material to the	2996
superintendent of the bureau. Fingerprints, photographs, or other	2997
descriptive information of a child who is under eighteen years of	2998
age, has not been arrested or otherwise taken into custody for	2999
committing an act that would be a felony or an offense of violence	3000
who is not in any other category of child specified in this	3001
division, if committed by an adult, has not been adjudicated a	3002
delinquent child for committing an act that would be a felony or	3003
an offense of violence if committed by an adult, has not been	3004
convicted of or pleaded guilty to committing a felony or an	3005
offense of violence, and is not a child with respect to whom there	3006
is probable cause to believe that the child may have committed an	3007
act that would be a felony or an offense of violence if committed	3008
by an adult shall not be procured by the superintendent or	3009
furnished by any person in charge of any county, multicounty,	3010
municipal, municipal-county, or multicounty-municipal jail or	3011
workhouse, community-based correctional facility, halfway house,	3012
alternative residential facility, or state correctional	3013
institution, except as authorized in section 2151.313 of the	3014
Revised Code.	3015

(2) Every clerk of a court of record in this state, other	3016
than the supreme court or a court of appeals, shall send to the	3017
superintendent of the bureau a weekly report containing a summary	3018
of each case involving a felony, involving any crime constituting	3019
a misdemeanor on the first offense and a felony on subsequent	3020
offenses, involving a misdemeanor described in division (A)(1)(a),	3021
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	3022
involving an adjudication in a case in which a child under	3023
eighteen years of age was alleged to be a delinquent child for	3024
committing an act that would be a felony or an offense of violence	3025
if committed by an adult. The clerk of the court of common pleas	3026
shall include in the report and summary the clerk sends under this	3027
division all information described in divisions (A)(2)(a) to (f)	3028
of this section regarding a case before the court of appeals that	3029
is served by that clerk. The summary shall be written on the	3030
standard forms furnished by the superintendent pursuant to	3031
division (B) of this section and shall include the following	3032
information:	3033

(a) The incident tracking number contained on the standard	3034
forms furnished by the superintendent pursuant to division (B) of	3035
this section;	3036

(b) The style and number of the case;

3037

3038

(d) The date that the person was convicted of or pleaded	3039
guilty to the offense, adjudicated a delinquent child for	3040
committing the act that would be a felony or an offense of	3041
violence if committed by an adult, found not guilty of the	3042
offense, or found not to be a delinquent child for committing an	3043
act that would be a felony or an offense of violence if committed	3044
by an adult, the date of an entry dismissing the charge, an entry	3045
declaring a mistrial of the offense in which the person is	3046
discharged, an entry finding that the person or child is not	3047
competent to stand trial, or an entry of a nolle prosequi, or the	3048
date of any other determination that constitutes final resolution	3049
of the case;	3050

(e) A statement of the original charge with the section of	3051
the Revised Code that was alleged to be violated;	3052

(f) If the person or child was convicted, pleaded guilty, or	3053
was adjudicated a delinquent child, the sentence or terms of	3054
probation imposed or any other disposition of the offender or the	3055
delinquent child.	3056

If the offense involved the disarming of a law enforcement	3057
officer or an attempt to disarm a law enforcement officer, the	3058
clerk shall clearly state that fact in the summary, and the	3059
superintendent shall ensure that a clear statement of that fact is	3060
placed in the bureau's records.	3061

(3) The superintendent shall cooperate with and assist	3062
sheriffs, chiefs of police, and other law enforcement officers in	3063
the establishment of a complete system of criminal identification	3064
and in obtaining fingerprints and other means of identification of	3065
all persons arrested on a charge of a felony, any crime	3066
constituting a misdemeanor on the first offense and a felony on	3067
subsequent offenses, or a misdemeanor described in division	3068
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	3069
Revised Code and of all children under eighteen years of age	3070
arrested or otherwise taken into custody for committing an act	3071
that would be a felony or an offense of violence if committed by	3072
an adult. The superintendent also shall file for record the	3073
fingerprint impressions of all persons confined in a county,	3074
multicounty, municipal, municipal-county, or multicounty-municipal	3075
jail or workhouse, community-based correctional facility, halfway	3076
house, alternative residential facility, or state correctional	3077
institution for the violation of state laws and of all children	3078
under eighteen years of age who are confined in a county,	3079
multicounty, municipal, municipal-county, or multicounty-municipal	3080
jail or workhouse, community-based correctional facility, halfway	3081
house, alternative residential facility, or state correctional	3082
institution or in any facility for delinquent children for	3083
committing an act that would be a felony or an offense of violence	3084
if committed by an adult, and any other information that the	3085
superintendent may receive from law enforcement officials of the	3086
state and its political subdivisions.	3087

(4) The superintendent shall carry out Chapter 2950. of the	3088
Revised Code with respect to the registration of persons who are	3089
convicted of or plead guilty to a sexually oriented offense or a	3090
child-victim oriented offense and with respect to all other duties	3091
imposed on the bureau under that chapter.	3092

(5) The bureau shall perform centralized recordkeeping	3093
functions for criminal history records and services in this state	3094
for purposes of the national crime prevention and privacy compact	3095
set forth in section 109.571 of the Revised Code and is the	3096
criminal history record repository as defined in that section for	3097
purposes of that compact. The superintendent or the	3098
superintendent's designee is the compact officer for purposes of	3099
that compact and shall carry out the responsibilities of the	3100
compact officer specified in that compact.	3101

(B) The superintendent shall prepare and furnish to every	3102
county, multicounty, municipal, municipal-county, or	3103
multicounty-municipal jail or workhouse, community-based	3104
correctional facility, halfway house, alternative residential	3105
facility, or state correctional institution and to every clerk of	3106
a court in this state specified in division (A)(2) of this section	3107
standard forms for reporting the information required under	3108
division (A) of this section. The standard forms that the	3109
superintendent prepares pursuant to this division may be in a	3110
tangible format, in an electronic format, or in both tangible	3111
formats and electronic formats.	3112

(C)(1) The superintendent may operate a center for	3113
electronic, automated, or other data processing for the storage	3114
and retrieval of information, data, and statistics pertaining to	3115
criminals and to children under eighteen years of age who are	3116
adjudicated delinquent children for committing an act that would	3117
be a felony or an offense of violence if committed by an adult,	3118
criminal activity, crime prevention, law enforcement, and criminal	3119
justice, and may establish and operate a statewide communications	3120
network to be known as the Ohio law enforcement gateway to gather	3121
and disseminate information, data, and statistics for the use of	3122
law enforcement agencies and for other uses specified in this	3123
division. The superintendent may gather, store, retrieve, and	3124
disseminate information, data, and statistics that pertain to	3125
children who are under eighteen years of age and that are gathered	3126
pursuant to sections 109.57 to 109.61 of the Revised Code together	3127
with information, data, and statistics that pertain to adults and	3128
that are gathered pursuant to those sections.	3129

(2) The superintendent or the superintendent's designee shall	3130
gather information of the nature described in division (C)(1) of	3131
this section that pertains to the offense and delinquency history	3132
of a person who has been convicted of, pleaded guilty to, or been	3133
adjudicated a delinquent child for committing a sexually oriented	3134
offense or a child-victim oriented offense for inclusion in the	3135
state registry of sex offenders and child-victim offenders	3136
maintained pursuant to division (A)(1) of section 2950.13 of the	3137
Revised Code and in the internet database operated pursuant to	3138
division (A)(13) of that section and for possible inclusion in the	3139
internet database operated pursuant to division (A)(11) of that	3140
section.	3141

(3) In addition to any other authorized use of information,	3142
data, and statistics of the nature described in division (C)(1) of	3143
this section, the superintendent or the superintendent's designee	3144
may provide and exchange the information, data, and statistics	3145
pursuant to the national crime prevention and privacy compact as	3146
described in division (A)(5) of this section.	3147

(4) The attorney general may adopt rules under Chapter 119.	3148
of the Revised Code establishing guidelines for the operation of	3149
and participation in the Ohio law enforcement gateway. The rules	3150
may include criteria for granting and restricting access to	3151
information gathered and disseminated through the Ohio law	3152
enforcement gateway. The attorney general shall permit the state	3153
medical board and board of nursing to access and view, but not	3154
alter, information gathered and disseminated through the Ohio law	3155
enforcement gateway.	3156

The attorney general may appoint a steering committee to	3157
advise the attorney general in the operation of the Ohio law	3158
enforcement gateway that is comprised of persons who are	3159
representatives of the criminal justice agencies in this state	3160
that use the Ohio law enforcement gateway and is chaired by the	3161
superintendent or the superintendent's designee.	3162

(D)(1) The following are not public records under section	3163
149.43 of the Revised Code:	3164

(a) Information and materials furnished to the superintendent	3165
pursuant to division (A) of this section;	3166

(b) Information, data, and statistics gathered or	3167
disseminated through the Ohio law enforcement gateway pursuant to	3168
division (C)(1) of this section;	3169

(c) Information and materials furnished to any board or	3170
person under division (F) or (G) of this section.	3171

(2) The superintendent or the superintendent's designee shall	3172
gather and retain information so furnished under division (A) of	3173
this section that pertains to the offense and delinquency history	3174
of a person who has been convicted of, pleaded guilty to, or been	3175
adjudicated a delinquent child for committing a sexually oriented	3176
offense or a child-victim oriented offense for the purposes	3177
described in division (C)(2) of this section.	3178

(E)(1) The attorney general shall adopt rules, in accordance	3179
with Chapter 119. of the Revised Code and subject to division	3180
(E)(2) of this section, setting forth the procedure by which a	3181
person may receive or release information gathered by the	3182
superintendent pursuant to division (A) of this section. A	3183
reasonable fee may be charged for this service. If a temporary	3184
employment service submits a request for a determination of	3185
whether a person the service plans to refer to an employment	3186
position has been convicted of or pleaded guilty to an offense	3187
listed or described in division (A)(1), (2), or (3) of section	3188
109.572 of the Revised Code, the request shall be treated as a	3189
single request and only one fee shall be charged.	3190

(2) Except as otherwise provided in this division, a rule	3191
adopted under division (E)(1) of this section may provide only for	3192
the release of information gathered pursuant to division (A) of	3193
this section that relates to the conviction of a person, or a	3194
person's plea of guilty to, a criminal offense. The superintendent	3195
shall not release, and the attorney general shall not adopt any	3196
rule under division (E)(1) of this section that permits the	3197
release of, any information gathered pursuant to division (A) of	3198
this section that relates to an adjudication of a child as a	3199
delinquent child, or that relates to a criminal conviction of a	3200
person under eighteen years of age if the person's case was	3201
transferred back to a juvenile court under division (B)(2) or (3)	3202
of section 2152.121 of the Revised Code and the juvenile court	3203
imposed a disposition or serious youthful offender disposition	3204
upon the person under either division, unless either of the	3205
following applies with respect to the adjudication or conviction:	3206

(a) The adjudication or conviction was for a violation of	3207
section 2903.01 or 2903.02 of the Revised Code.	3208

(b) The adjudication or conviction was for a sexually	3209
oriented offense, the juvenile court was required to classify the	3210
child a juvenile offender registrant for that offense under	3211
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3212
classification has not been removed.	3213

(F)(1) As used in division (F)(2) of this section, "head	3214
start agency" means an entity in this state that has been approved	3215
to be an agency for purposes of subchapter II of the "Community	3216
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3217
as amended.	3218

(2)(a) In addition to or in conjunction with any request that	3219
is required to be made under section 109.572, 2151.86, 3301.32,	3220
3301.541, division (C) of section 3310.58, or section 3319.39,	3221
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	3222
5153.111 of the Revised Code or that is made under section	3223
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	3224
board of education of any school district; the director of	3225
developmental disabilities; any county board of developmental	3226
disabilities; any provider or subcontractor as defined in section	3227
5123.081 of the Revised Code; the chief administrator of any	3228
chartered nonpublic school; the chief administrator of a	3229
registered private provider that is not also a chartered nonpublic	3230
school; the chief administrator of any home health agency; the	3231
chief administrator of or person operating any child day-care	3232
center, type A family day-care home, or type B family day-care	3233
home licensed or certified under Chapter 5104. of the Revised	3234
Code; the administrator of any type C family day-care home	3235
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3236
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3237
general assembly; the chief administrator of any head start	3238
agency; the executive director of a public children services	3239
agency; a private company described in section 3314.41, 3319.392,	3240
3326.25, or 3328.20 of the Revised Code; or an employer described	3241
in division (J)(2) of section 3327.10 of the Revised Code may	3242
request that the superintendent of the bureau investigate and	3243
determine, with respect to any individual who has applied for	3244
employment in any position after October 2, 1989, or any	3245
individual wishing to apply for employment with a board of	3246
education may request, with regard to the individual, whether the	3247
bureau has any information gathered under division (A) of this	3248
section that pertains to that individual. On receipt of the	3249
request, subject to division (E)(2) of this section, the	3250
superintendent shall determine whether that information exists	3251
and, upon request of the person, board, or entity requesting	3252
information, also shall request from the federal bureau of	3253
investigation any criminal records it has pertaining to that	3254
individual. The superintendent or the superintendent's designee	3255
also may request criminal history records from other states or the	3256
federal government pursuant to the national crime prevention and	3257
privacy compact set forth in section 109.571 of the Revised Code.	3258
Within thirty days of the date that the superintendent receives a	3259
request, subject to division (E)(2) of this section, the	3260
superintendent shall send to the board, entity, or person a report	3261
of any information that the superintendent determines exists,	3262
including information contained in records that have been sealed	3263
under section 2953.32 of the Revised Code, and, within thirty days	3264
of its receipt, subject to division (E)(2) of this section, shall	3265
send the board, entity, or person a report of any information	3266
received from the federal bureau of investigation, other than	3267
information the dissemination of which is prohibited by federal	3268
law.	3269

(b) When a board of education or a registered private	3270
provider is required to receive information under this section as	3271
a prerequisite to employment of an individual pursuant to division	3272
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3273
may accept a certified copy of records that were issued by the	3274
bureau of criminal identification and investigation and that are	3275
presented by an individual applying for employment with the	3276
district in lieu of requesting that information itself. In such a	3277
case, the board shall accept the certified copy issued by the	3278
bureau in order to make a photocopy of it for that individual's	3279
employment application documents and shall return the certified	3280
copy to the individual. In a case of that nature, a district or	3281
provider only shall accept a certified copy of records of that	3282
nature within one year after the date of their issuance by the	3283
bureau.	3284

(c) Notwithstanding division (F)(2)(a) of this section, in	3285
the case of a request under section 3319.39, 3319.391, or 3327.10	3286
of the Revised Code only for criminal records maintained by the	3287
federal bureau of investigation, the superintendent shall not	3288
determine whether any information gathered under division (A) of	3289
this section exists on the person for whom the request is made.	3290

(3) The state board of education may request, with respect to	3291
any individual who has applied for employment after October 2,	3292
1989, in any position with the state board or the department of	3293
education, any information that a school district board of	3294
education is authorized to request under division (F)(2) of this	3295
section, and the superintendent of the bureau shall proceed as if	3296
the request has been received from a school district board of	3297
education under division (F)(2) of this section.	3298

(4) When the superintendent of the bureau receives a request	3299
for information under section 3319.291 of the Revised Code, the	3300
superintendent shall proceed as if the request has been received	3301
from a school district board of education and shall comply with	3302
divisions (F)(2)(a) and (c) of this section.	3303

(5) When a recipient of a classroom reading improvement grant	3304
paid under section 3301.86 of the Revised Code requests, with	3305
respect to any individual who applies to participate in providing	3306
any program or service funded in whole or in part by the grant,	3307
the information that a school district board of education is	3308
authorized to request under division (F)(2)(a) of this section,	3309
the superintendent of the bureau shall proceed as if the request	3310
has been received from a school district board of education under	3311
division (F)(2)(a) of this section.	3312

(G) In addition to or in conjunction with any request that is	3313
required to be made under section 3701.881, 3712.09, or 3721.121	3314
of the Revised Code with respect to an individual who has applied	3315
for employment in a position that involves providing direct care	3316
to an older adult or adult resident, the chief administrator of a	3317
home health agency, hospice care program, home licensed under	3318
Chapter 3721. of the Revised Code, or adult day-care program	3319
operated pursuant to rules adopted under section 3721.04 of the	3320
Revised Code may request that the superintendent of the bureau	3321
investigate and determine, with respect to any individual who has	3322
applied after January 27, 1997, for employment in a position that	3323
does not involve providing direct care to an older adult or adult	3324
resident, whether the bureau has any information gathered under	3325
division (A) of this section that pertains to that individual.	3326

In addition to or in conjunction with any request that is	3327
required to be made under section 173.27 of the Revised Code with	3328
respect to an individual who has applied for employment in a	3329
position that involves providing ~~ombudsperson~~ombudsman services	3330
to residents of long-term care facilities or recipients of	3331
community-based long-term care services, the state long-term care	3332
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	3333
of ~~health~~aging, a regional long-term care ombudsman, or the	3334
designee of the ombudsman, director, or program may request that	3335
the superintendent investigate and determine, with respect to any	3336
individual who has applied for employment in a position that does	3337
not involve providing such ~~ombudsperson~~ombudsman services,	3338
whether the bureau has any information gathered under division (A)	3339
of this section that pertains to that applicant.	3340

In addition to or in conjunction with any request that is	3341
required to be made under section ~~173.394~~173.38 of the Revised	3342
Code with respect to an individual who has applied for employment	3343
in a direct-care position ~~that involves providing direct care to~~	3344
~~an individual~~, the chief administrator of a ~~community-based~~	3345
~~long-term care agency~~provider, as defined in section 173.39 of	3346
the Revised Code, may request that the superintendent investigate	3347
and determine, with respect to any individual who has applied for	3348
employment in a position that ~~does~~is not ~~involve providing direct~~	3349
~~care~~a direct-care position, whether the bureau has any	3350
information gathered under division (A) of this section that	3351
pertains to that applicant.	3352

In addition to or in conjunction with any request that is	3353
required to be made under section 3712.09 of the Revised Code with	3354
respect to an individual who has applied for employment in a	3355
position that involves providing direct care to a pediatric	3356
respite care patient, the chief administrator of a pediatric	3357
respite care program may request that the superintendent of the	3358
bureau investigate and determine, with respect to any individual	3359
who has applied for employment in a position that does not involve	3360
providing direct care to a pediatric respite care patient, whether	3361
the bureau has any information gathered under division (A) of this	3362
section that pertains to that individual.	3363

On receipt of a request under this division, the	3364
superintendent shall determine whether that information exists	3365
and, on request of the individual requesting information, shall	3366
also request from the federal bureau of investigation any criminal	3367
records it has pertaining to the applicant. The superintendent or	3368
the superintendent's designee also may request criminal history	3369
records from other states or the federal government pursuant to	3370
the national crime prevention and privacy compact set forth in	3371
section 109.571 of the Revised Code. Within thirty days of the	3372
date a request is received, subject to division (E)(2) of this	3373
section, the superintendent shall send to the requester a report	3374
of any information determined to exist, including information	3375
contained in records that have been sealed under section 2953.32	3376
of the Revised Code, and, within thirty days of its receipt, shall	3377
send the requester a report of any information received from the	3378
federal bureau of investigation, other than information the	3379
dissemination of which is prohibited by federal law.	3380

(H) Information obtained by a government entity or person	3381
under this section is confidential and shall not be released or	3382
disseminated.	3383

(I) The superintendent may charge a reasonable fee for	3384
providing information or criminal records under division (F)(2) or	3385
(G) of this section.	3386

(J) As used in this section:

3387

(1) "Pediatric respite care program" and "pediatric respite	3388
care patient" have the same meanings as in section 3712.01 of the	3389
Revised Code.	3390

(2) "Sexually oriented offense" and "child-victim oriented	3391
offense" have the same meanings as in section 2950.01 of the	3392
Revised Code.	3393

(3) "Registered private provider" means a nonpublic school or	3394
entity registered with the superintendent of public instruction	3395
under section 3310.41 of the Revised Code to participate in the	3396
autism scholarship program or section 3310.58 of the Revised Code	3397
to participate in the Jon Peterson special needs scholarship	3398
program.	3399

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3400
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3401
a completed form prescribed pursuant to division (C)(1) of this	3402
section, and a set of fingerprint impressions obtained in the	3403
manner described in division (C)(2) of this section, the	3404
superintendent of the bureau of criminal identification and	3405
investigation shall conduct a criminal records check in the manner	3406
described in division (B) of this section to determine whether any	3407
information exists that indicates that the person who is the	3408
subject of the request previously has been convicted of or pleaded	3409
guilty to any of the following:	3410

(a) A violation of section 2903.01, 2903.02, 2903.03,	3411
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3412
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3413
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3414
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3415
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3416
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3417
2925.06, or 3716.11 of the Revised Code, felonious sexual	3418
penetration in violation of former section 2907.12 of the Revised	3419
Code, a violation of section 2905.04 of the Revised Code as it	3420
existed prior to July 1, 1996, a violation of section 2919.23 of	3421
the Revised Code that would have been a violation of section	3422
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3423
had the violation been committed prior to that date, or a	3424
violation of section 2925.11 of the Revised Code that is not a	3425
minor drug possession offense;	3426

(b) A violation of an existing or former law of this state,	3427
any other state, or the United States that is substantially	3428
equivalent to any of the offenses listed in division (A)(1)(a) of	3429
this section;	3430

(c) If the request is made pursuant to section 3319.39 of the	3431
Revised Code for an applicant who is a teacher, any offense	3432
specified in section 3319.31 of the Revised Code.	3433

(2) On receipt of a request pursuant to section 3712.09 or	3434
3721.121 of the Revised Code, a completed form prescribed pursuant	3435
to division (C)(1) of this section, and a set of fingerprint	3436
impressions obtained in the manner described in division (C)(2) of	3437
this section, the superintendent of the bureau of criminal	3438
identification and investigation shall conduct a criminal records	3439
check with respect to any person who has applied for employment in	3440
a position for which a criminal records check is required by those	3441
sections. The superintendent shall conduct the criminal records	3442
check in the manner described in division (B) of this section to	3443
determine whether any information exists that indicates that the	3444
person who is the subject of the request previously has been	3445
convicted of or pleaded guilty to any of the following:	3446

(a) A violation of section 2903.01, 2903.02, 2903.03,	3447
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3448
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3449
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3450
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3451
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3452
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3453
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3454
2925.22, 2925.23, or 3716.11 of the Revised Code;	3455

(b) An existing or former law of this state, any other state,	3456
or the United States that is substantially equivalent to any of	3457
the offenses listed in division (A)(2)(a) of this section.	3458

(3) On receipt of a request pursuant to section 173.27,	3459
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3460
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3461
completed form prescribed pursuant to division (C)(1) of this	3462
section, and a set of fingerprint impressions obtained in the	3463
manner described in division (C)(2) of this section, the	3464
superintendent of the bureau of criminal identification and	3465
investigation shall conduct a criminal records check of the person	3466
for whom the request is made. The superintendent shall conduct the	3467
criminal records check in the manner described in division (B) of	3468
this section to determine whether any information exists that	3469
indicates that the person who is the subject of the request	3470
previously has been convicted of, has pleaded guilty to, or	3471
(except in the case of a request pursuant to section 5164.34,	3472
5164.341, or 5164.342 of the Revised Code) has been found eligible	3473
for intervention in lieu of conviction for any of the following,	3474
regardless of the date of the conviction, the date of entry of the	3475
guilty plea, or (except in the case of a request pursuant to	3476
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3477
date the person was found eligible for intervention in lieu of	3478
conviction:	3479

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3480
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3481
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3482
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3483
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3484
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3485
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3486
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3487
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3488
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3489
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3490
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3491
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3492
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3493
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3494
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3495
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3496
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3497
2927.12, or 3716.11 of the Revised Code;	3498

(b) Felonious sexual penetration in violation of former	3499
section 2907.12 of the Revised Code;	3500

(c) A violation of section 2905.04 of the Revised Code as it	3501
existed prior to July 1, 1996;	3502

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3503
the Revised Code when the underlying offense that is the object of	3504
the conspiracy, attempt, or complicity is one of the offenses	3505
listed in divisions (A)(3)(a) to (c) of this section;	3506

(e) A violation of an existing or former municipal ordinance	3507
or law of this state, any other state, or the United States that	3508
is substantially equivalent to any of the offenses listed in	3509
divisions (A)(3)(a) to (d) of this section.	3510

(4) On receipt of a request pursuant to section 2151.86 of	3511
the Revised Code, a completed form prescribed pursuant to division	3512
(C)(1) of this section, and a set of fingerprint impressions	3513
obtained in the manner described in division (C)(2) of this	3514
section, the superintendent of the bureau of criminal	3515
identification and investigation shall conduct a criminal records	3516
check in the manner described in division (B) of this section to	3517
determine whether any information exists that indicates that the	3518
person who is the subject of the request previously has been	3519
convicted of or pleaded guilty to any of the following:	3520

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3521
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3522
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3523
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3524
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3525
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3526
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3527
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3528
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3529
of the Revised Code, a violation of section 2905.04 of the Revised	3530
Code as it existed prior to July 1, 1996, a violation of section	3531
2919.23 of the Revised Code that would have been a violation of	3532
section 2905.04 of the Revised Code as it existed prior to July 1,	3533
1996, had the violation been committed prior to that date, a	3534
violation of section 2925.11 of the Revised Code that is not a	3535
minor drug possession offense, two or more OVI or OVUAC violations	3536
committed within the three years immediately preceding the	3537
submission of the application or petition that is the basis of the	3538
request, or felonious sexual penetration in violation of former	3539
section 2907.12 of the Revised Code;	3540

(b) A violation of an existing or former law of this state,	3541
any other state, or the United States that is substantially	3542
equivalent to any of the offenses listed in division (A)(4)(a) of	3543
this section.	3544

(5) Upon receipt of a request pursuant to section 5104.012 or	3545
5104.013 of the Revised Code, a completed form prescribed pursuant	3546
to division (C)(1) of this section, and a set of fingerprint	3547
impressions obtained in the manner described in division (C)(2) of	3548
this section, the superintendent of the bureau of criminal	3549
identification and investigation shall conduct a criminal records	3550
check in the manner described in division (B) of this section to	3551
determine whether any information exists that indicates that the	3552
person who is the subject of the request has been convicted of or	3553
pleaded guilty to any of the following:	3554

(a) A violation of section 2903.01, 2903.02, 2903.03,	3555
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3556
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3557
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3558
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3559
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3560
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3561
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3562
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3563
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3564
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3565
3716.11 of the Revised Code, felonious sexual penetration in	3566
violation of former section 2907.12 of the Revised Code, a	3567
violation of section 2905.04 of the Revised Code as it existed	3568
prior to July 1, 1996, a violation of section 2919.23 of the	3569
Revised Code that would have been a violation of section 2905.04	3570
of the Revised Code as it existed prior to July 1, 1996, had the	3571
violation been committed prior to that date, a violation of	3572
section 2925.11 of the Revised Code that is not a minor drug	3573
possession offense, a violation of section 2923.02 or 2923.03 of	3574
the Revised Code that relates to a crime specified in this	3575
division, or a second violation of section 4511.19 of the Revised	3576
Code within five years of the date of application for licensure or	3577
certification.	3578

(b) A violation of an existing or former law of this state,	3579
any other state, or the United States that is substantially	3580
equivalent to any of the offenses or violations described in	3581
division (A)(5)(a) of this section.	3582

(6) Upon receipt of a request pursuant to section 5153.111 of	3583
the Revised Code, a completed form prescribed pursuant to division	3584
(C)(1) of this section, and a set of fingerprint impressions	3585
obtained in the manner described in division (C)(2) of this	3586
section, the superintendent of the bureau of criminal	3587
identification and investigation shall conduct a criminal records	3588
check in the manner described in division (B) of this section to	3589
determine whether any information exists that indicates that the	3590
person who is the subject of the request previously has been	3591
convicted of or pleaded guilty to any of the following:	3592

(a) A violation of section 2903.01, 2903.02, 2903.03,	3593
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3594
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3595
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3596
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3597
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3598
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3599
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3600
felonious sexual penetration in violation of former section	3601
2907.12 of the Revised Code, a violation of section 2905.04 of the	3602
Revised Code as it existed prior to July 1, 1996, a violation of	3603
section 2919.23 of the Revised Code that would have been a	3604
violation of section 2905.04 of the Revised Code as it existed	3605
prior to July 1, 1996, had the violation been committed prior to	3606
that date, or a violation of section 2925.11 of the Revised Code	3607
that is not a minor drug possession offense;	3608

(b) A violation of an existing or former law of this state,	3609
any other state, or the United States that is substantially	3610
equivalent to any of the offenses listed in division (A)(6)(a) of	3611
this section.	3612

(7) On receipt of a request for a criminal records check from	3613
an individual pursuant to section 4749.03 or 4749.06 of the	3614
Revised Code, accompanied by a completed copy of the form	3615
prescribed in division (C)(1) of this section and a set of	3616
fingerprint impressions obtained in a manner described in division	3617
(C)(2) of this section, the superintendent of the bureau of	3618
criminal identification and investigation shall conduct a criminal	3619
records check in the manner described in division (B) of this	3620
section to determine whether any information exists indicating	3621
that the person who is the subject of the request has been	3622
convicted of or pleaded guilty to a felony in this state or in any	3623
other state. If the individual indicates that a firearm will be	3624
carried in the course of business, the superintendent shall	3625
require information from the federal bureau of investigation as	3626
described in division (B)(2) of this section. Subject to division	3627
(F) of this section, the superintendent shall report the findings	3628
of the criminal records check and any information the federal	3629
bureau of investigation provides to the director of public safety.	3630

(8) On receipt of a request pursuant to section 1321.37,	3631
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3632
Code, a completed form prescribed pursuant to division (C)(1) of	3633
this section, and a set of fingerprint impressions obtained in the	3634
manner described in division (C)(2) of this section, the	3635
superintendent of the bureau of criminal identification and	3636
investigation shall conduct a criminal records check with respect	3637
to any person who has applied for a license, permit, or	3638
certification from the department of commerce or a division in the	3639
department. The superintendent shall conduct the criminal records	3640
check in the manner described in division (B) of this section to	3641
determine whether any information exists that indicates that the	3642
person who is the subject of the request previously has been	3643
convicted of or pleaded guilty to any of the following: a	3644
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3645
2925.03 of the Revised Code; any other criminal offense involving	3646
theft, receiving stolen property, embezzlement, forgery, fraud,	3647
passing bad checks, money laundering, or drug trafficking, or any	3648
criminal offense involving money or securities, as set forth in	3649
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3650
the Revised Code; or any existing or former law of this state, any	3651
other state, or the United States that is substantially equivalent	3652
to those offenses.	3653

(9) On receipt of a request for a criminal records check from	3654
the treasurer of state under section 113.041 of the Revised Code	3655
or from an individual under section 4701.08, 4715.101, 4717.061,	3656
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3657
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3658
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3659
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3660
4762.06, 4776.021, or 4779.091, or 4783.04 of the Revised Code,	3661
accompanied by a completed form prescribed under division (C)(1)	3662
of this section and a set of fingerprint impressions obtained in	3663
the manner described in division (C)(2) of this section, the	3664
superintendent of the bureau of criminal identification and	3665
investigation shall conduct a criminal records check in the manner	3666
described in division (B) of this section to determine whether any	3667
information exists that indicates that the person who is the	3668
subject of the request has been convicted of or pleaded guilty to	3669
any criminal offense in this state or any other state. Subject to	3670
division (F) of this section, the superintendent shall send the	3671
results of a check requested under section 113.041 of the Revised	3672
Code to the treasurer of state and shall send the results of a	3673
check requested under any of the other listed sections to the	3674
licensing board specified by the individual in the request.	3675

(10) On receipt of a request pursuant to section 1121.23,	3676
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3677
Code, a completed form prescribed pursuant to division (C)(1) of	3678
this section, and a set of fingerprint impressions obtained in the	3679
manner described in division (C)(2) of this section, the	3680
superintendent of the bureau of criminal identification and	3681
investigation shall conduct a criminal records check in the manner	3682
described in division (B) of this section to determine whether any	3683
information exists that indicates that the person who is the	3684
subject of the request previously has been convicted of or pleaded	3685
guilty to any criminal offense under any existing or former law of	3686
this state, any other state, or the United States.	3687

(11) On receipt of a request for a criminal records check	3688
from an appointing or licensing authority under section 3772.07 of	3689
the Revised Code, a completed form prescribed under division	3690
(C)(1) of this section, and a set of fingerprint impressions	3691
obtained in the manner prescribed in division (C)(2) of this	3692
section, the superintendent of the bureau of criminal	3693
identification and investigation shall conduct a criminal records	3694
check in the manner described in division (B) of this section to	3695
determine whether any information exists that indicates that the	3696
person who is the subject of the request previously has been	3697
convicted of or pleaded guilty or no contest to any offense under	3698
any existing or former law of this state, any other state, or the	3699
United States that is a disqualifying offense as defined in	3700
section 3772.07 of the Revised Code or substantially equivalent to	3701
such an offense.	3702

(12) On receipt of a request pursuant to section 2151.33 or	3703
2151.412 of the Revised Code, a completed form prescribed pursuant	3704
to division (C)(1) of this section, and a set of fingerprint	3705
impressions obtained in the manner described in division (C)(2) of	3706
this section, the superintendent of the bureau of criminal	3707
identification and investigation shall conduct a criminal records	3708
check with respect to any person for whom a criminal records check	3709
is required by that section. The superintendent shall conduct the	3710
criminal records check in the manner described in division (B) of	3711
this section to determine whether any information exists that	3712
indicates that the person who is the subject of the request	3713
previously has been convicted of or pleaded guilty to any of the	3714
following:	3715

(a) A violation of section 2903.01, 2903.02, 2903.03,	3716
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3717
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3718
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3719
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3720
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3721
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3722
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3723
2925.22, 2925.23, or 3716.11 of the Revised Code;	3724

(b) An existing or former law of this state, any other state,	3725
or the United States that is substantially equivalent to any of	3726
the offenses listed in division (A)(12)(a) of this section.	3727

(B) Subject to division (F) of this section, the	3728
superintendent shall conduct any criminal records check to be	3729
conducted under this section as follows:	3730

(1) The superintendent shall review or cause to be reviewed	3731
any relevant information gathered and compiled by the bureau under	3732
division (A) of section 109.57 of the Revised Code that relates to	3733
the person who is the subject of the criminal records check,	3734
including, if the criminal records check was requested under	3735
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3736
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3737
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3738
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3739
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3740
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3741
information contained in records that have been sealed under	3742
section 2953.32 of the Revised Code;	3743

(2) If the request received by the superintendent asks for	3744
information from the federal bureau of investigation, the	3745
superintendent shall request from the federal bureau of	3746
investigation any information it has with respect to the person	3747
who is the subject of the criminal records check, including	3748
fingerprint-based checks of national crime information databases	3749
as described in 42 U.S.C. 671 if the request is made pursuant to	3750
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3751
any other Revised Code section requires fingerprint-based checks	3752
of that nature, and shall review or cause to be reviewed any	3753
information the superintendent receives from that bureau. If a	3754
request under section 3319.39 of the Revised Code asks only for	3755
information from the federal bureau of investigation, the	3756
superintendent shall not conduct the review prescribed by division	3757
(B)(1) of this section.	3758

(3) The superintendent or the superintendent's designee may	3759
request criminal history records from other states or the federal	3760
government pursuant to the national crime prevention and privacy	3761
compact set forth in section 109.571 of the Revised Code.	3762

(4) The superintendent shall include in the results of the	3763
criminal records check a list or description of the offenses	3764
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3765
(7), (8), (9), (10), (11), or (12) of this section, whichever	3766
division requires the superintendent to conduct the criminal	3767
records check. The superintendent shall exclude from the results	3768
any information the dissemination of which is prohibited by	3769
federal law.	3770

(5) The superintendent shall send the results of the criminal	3771
records check to the person to whom it is to be sent not later	3772
than the following number of days after the date the	3773
superintendent receives the request for the criminal records	3774
check, the completed form prescribed under division (C)(1) of this	3775
section, and the set of fingerprint impressions obtained in the	3776
manner described in division (C)(2) of this section:	3777

(a) If the superintendent is required by division (A) of this	3778
section (other than division (A)(3) of this section) to conduct	3779
the criminal records check, thirty;	3780

(b) If the superintendent is required by division (A)(3) of	3781
this section to conduct the criminal records check, sixty.	3782

(C)(1) The superintendent shall prescribe a form to obtain	3783
the information necessary to conduct a criminal records check from	3784
any person for whom a criminal records check is to be conducted	3785
under this section. The form that the superintendent prescribes	3786
pursuant to this division may be in a tangible format, in an	3787
electronic format, or in both tangible and electronic formats.	3788

(2) The superintendent shall prescribe standard impression	3789
sheets to obtain the fingerprint impressions of any person for	3790
whom a criminal records check is to be conducted under this	3791
section. Any person for whom a records check is to be conducted	3792
under this section shall obtain the fingerprint impressions at a	3793
county sheriff's office, municipal police department, or any other	3794
entity with the ability to make fingerprint impressions on the	3795
standard impression sheets prescribed by the superintendent. The	3796
office, department, or entity may charge the person a reasonable	3797
fee for making the impressions. The standard impression sheets the	3798
superintendent prescribes pursuant to this division may be in a	3799
tangible format, in an electronic format, or in both tangible and	3800
electronic formats.	3801

(3) Subject to division (D) of this section, the	3802
superintendent shall prescribe and charge a reasonable fee for	3803
providing a criminal records check under this section. The person	3804
requesting the criminal records check shall pay the fee prescribed	3805
pursuant to this division. In the case of a request under section	3806
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3807
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3808
be paid in the manner specified in that section.	3809

(4) The superintendent of the bureau of criminal	3810
identification and investigation may prescribe methods of	3811
forwarding fingerprint impressions and information necessary to	3812
conduct a criminal records check, which methods shall include, but	3813
not be limited to, an electronic method.	3814

(D) The results of a criminal records check conducted under	3815
this section, other than a criminal records check specified in	3816
division (A)(7) of this section, are valid for the person who is	3817
the subject of the criminal records check for a period of one year	3818
from the date upon which the superintendent completes the criminal	3819
records check. If during that period the superintendent receives	3820
another request for a criminal records check to be conducted under	3821
this section for that person, the superintendent shall provide the	3822
results from the previous criminal records check of the person at	3823
a lower fee than the fee prescribed for the initial criminal	3824
records check.	3825

(E) When the superintendent receives a request for	3826
information from a registered private provider, the superintendent	3827
shall proceed as if the request was received from a school	3828
district board of education under section 3319.39 of the Revised	3829
Code. The superintendent shall apply division (A)(1)(c) of this	3830
section to any such request for an applicant who is a teacher.	3831

(F)(1) All information regarding the results of a criminal	3832
records check conducted under this section that the superintendent	3833
reports or sends under division (A)(7) or (9) of this section to	3834
the director of public safety, the treasurer of state, or the	3835
person, board, or entity that made the request for the criminal	3836
records check shall relate to the conviction of the subject	3837
person, or the subject person's plea of guilty to, a criminal	3838
offense.	3839

(2) Division (F)(1) of this section does not limit, restrict,	3840
or preclude the superintendent's release of information that	3841
relates to an adjudication of a child as a delinquent child, or	3842
that relates to a criminal conviction of a person under eighteen	3843
years of age if the person's case was transferred back to a	3844
juvenile court under division (B)(2) or (3) of section 2152.121 of	3845
the Revised Code and the juvenile court imposed a disposition or	3846
serious youthful offender disposition upon the person under either	3847
division, if either of the following applies with respect to the	3848
adjudication or conviction:	3849

(a) The adjudication or conviction was for a violation of	3850
section 2903.01 or 2903.02 of the Revised Code.	3851

(b) The adjudication or conviction was for a sexually	3852
oriented offense, as defined in section 2950.01 of the Revised	3853
Code, the juvenile court was required to classify the child a	3854
juvenile offender registrant for that offense under section	3855
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3856
classification has not been removed.	3857

(G) As used in this section:

3858

(1) "Criminal records check" means any criminal records check	3859
conducted by the superintendent of the bureau of criminal	3860
identification and investigation in accordance with division (B)	3861
of this section.	3862

(2) "Minor drug possession offense" has the same meaning as	3863
in section 2925.01 of the Revised Code.	3864

(3) "OVI or OVUAC violation" means a violation of section	3865
4511.19 of the Revised Code or a violation of an existing or	3866
former law of this state, any other state, or the United States	3867
that is substantially equivalent to section 4511.19 of the Revised	3868
Code.	3869

(4) "Registered private provider" means a nonpublic school or	3870
entity registered with the superintendent of public instruction	3871
under section 3310.41 of the Revised Code to participate in the	3872
autism scholarship program or section 3310.58 of the Revised Code	3873
to participate in the Jon Peterson special needs scholarship	3874
program.	3875

Sec. 109.71. There is hereby created in the office of the	3876
attorney general the Ohio peace officer training commission. The	3877
commission shall consist of nine members appointed by the governor	3878
with the advice and consent of the senate and selected as follows:	3879
one member representing the public; two members who are incumbent	3880
sheriffs; two members who are incumbent chiefs of police; one	3881
member from the bureau of criminal identification and	3882
investigation; one member from the state highway patrol; one	3883
member who is the special agent in charge of a field office of the	3884
federal bureau of investigation in this state; and one member from	3885
the department of education, trade and industrial education	3886
services, law enforcement training.	3887

This section does not confer any arrest authority or any	3888
ability or authority to detain a person, write or issue any	3889
citation, or provide any disposition alternative, as granted under	3890
Chapter 2935. of the Revised Code.	3891

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

3892

(A) "Peace officer" means:

3893

(1) A deputy sheriff, marshal, deputy marshal, member of the	3894
organized police department of a township or municipal	3895
corporation, member of a township police district or joint police	3896
district police force, member of a police force employed by a	3897
metropolitan housing authority under division (D) of section	3898
3735.31 of the Revised Code, or township constable, who is	3899
commissioned and employed as a peace officer by a political	3900
subdivision of this state or by a metropolitan housing authority,	3901
and whose primary duties are to preserve the peace, to protect	3902
life and property, and to enforce the laws of this state,	3903
ordinances of a municipal corporation, resolutions of a township,	3904
or regulations of a board of county commissioners or board of	3905
township trustees, or any of those laws, ordinances, resolutions,	3906
or regulations;	3907

(2) A police officer who is employed by a railroad company	3908
and appointed and commissioned by the secretary of state pursuant	3909
to sections 4973.17 to 4973.22 of the Revised Code;	3910

(3) Employees of the department of taxation engaged in the	3911
enforcement of Chapter 5743. of the Revised Code and designated by	3912
the tax commissioner for peace officer training for purposes of	3913
the delegation of investigation powers under section 5743.45 of	3914
the Revised Code;	3915

(4) An undercover drug agent;

3916

(5) Enforcement agents of the department of public safety	3917
whom the director of public safety designates under section	3918
5502.14 of the Revised Code;	3919

(6) An employee of the department of natural resources who is	3920
a natural resources law enforcement staff officer designated	3921
pursuant to section 1501.013, a park officer designated pursuant	3922
to section 1541.10, a forest officer designated pursuant to	3923
section 1503.29, a preserve officer designated pursuant to section	3924
1517.10, a wildlife officer designated pursuant to section	3925
1531.13, or a state watercraft officer designated pursuant to	3926
section 1547.521 of the Revised Code;	3927

(7) An employee of a park district who is designated pursuant	3928
to section 511.232 or 1545.13 of the Revised Code;	3929

(8) An employee of a conservancy district who is designated	3930
pursuant to section 6101.75 of the Revised Code;	3931

(9) A police officer who is employed by a hospital that	3932
employs and maintains its own proprietary police department or	3933
security department, and who is appointed and commissioned by the	3934
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3935
Revised Code;	3936

(10) Veterans' homes police officers designated under section	3937
5907.02 of the Revised Code;	3938

(11) A police officer who is employed by a qualified	3939
nonprofit corporation police department pursuant to section	3940
1702.80 of the Revised Code;	3941

(12) A state university law enforcement officer appointed	3942
under section 3345.04 of the Revised Code or a person serving as a	3943
state university law enforcement officer on a permanent basis on	3944
June 19, 1978, who has been awarded a certificate by the executive	3945
director of the Ohio peace officer training commission attesting	3946
to the person's satisfactory completion of an approved state,	3947
county, municipal, or department of natural resources peace	3948
officer basic training program;	3949

(13) A special police officer employed by the department of	3950
~~mental health~~mental health and addiction services pursuant to	3951
section ~~5119.14~~5119.08 of the Revised Code or the department of	3952
developmental disabilities pursuant to section 5123.13 of the	3953
Revised Code;	3954

(14) A member of a campus police department appointed under	3955
section 1713.50 of the Revised Code;	3956

(15) A member of a police force employed by a regional	3957
transit authority under division (Y) of section 306.35 of the	3958
Revised Code;	3959

(16) Investigators appointed by the auditor of state pursuant	3960
to section 117.091 of the Revised Code and engaged in the	3961
enforcement of Chapter 117. of the Revised Code;	3962

(17) A special police officer designated by the	3963
superintendent of the state highway patrol pursuant to section	3964
5503.09 of the Revised Code or a person who was serving as a	3965
special police officer pursuant to that section on a permanent	3966
basis on October 21, 1997, and who has been awarded a certificate	3967
by the executive director of the Ohio peace officer training	3968
commission attesting to the person's satisfactory completion of an	3969
approved state, county, municipal, or department of natural	3970
resources peace officer basic training program;	3971

(18) A special police officer employed by a port authority	3972
under section 4582.04 or 4582.28 of the Revised Code or a person	3973
serving as a special police officer employed by a port authority	3974
on a permanent basis on May 17, 2000, who has been awarded a	3975
certificate by the executive director of the Ohio peace officer	3976
training commission attesting to the person's satisfactory	3977
completion of an approved state, county, municipal, or department	3978
of natural resources peace officer basic training program;	3979

(19) A special police officer employed by a municipal	3980
corporation who has been awarded a certificate by the executive	3981
director of the Ohio peace officer training commission for	3982
satisfactory completion of an approved peace officer basic	3983
training program and who is employed on a permanent basis on or	3984
after March 19, 2003, at a municipal airport, or other municipal	3985
air navigation facility, that has scheduled operations, as defined	3986
in section 119.3 of Title 14 of the Code of Federal Regulations,	3987
14 C.F.R. 119.3, as amended, and that is required to be under a	3988
security program and is governed by aviation security rules of the	3989
transportation security administration of the United States	3990
department of transportation as provided in Parts 1542. and 1544.	3991
of Title 49 of the Code of Federal Regulations, as amended;	3992

(20) A police officer who is employed by an owner or operator	3993
of an amusement park that has an average yearly attendance in	3994
excess of six hundred thousand guests and that employs and	3995
maintains its own proprietary police department or security	3996
department, and who is appointed and commissioned by a judge of	3997
the appropriate municipal court or county court pursuant to	3998
section 4973.17 of the Revised Code;	3999

(21) A police officer who is employed by a bank, savings and	4000
loan association, savings bank, credit union, or association of	4001
banks, savings and loan associations, savings banks, or credit	4002
unions, who has been appointed and commissioned by the secretary	4003
of state pursuant to sections 4973.17 to 4973.22 of the Revised	4004
Code, and who has been awarded a certificate by the executive	4005
director of the Ohio peace officer training commission attesting	4006
to the person's satisfactory completion of a state, county,	4007
municipal, or department of natural resources peace officer basic	4008
training program;	4009

(22) An investigator, as defined in section 109.541 of the	4010
Revised Code, of the bureau of criminal identification and	4011
investigation who is commissioned by the superintendent of the	4012
bureau as a special agent for the purpose of assisting law	4013
enforcement officers or providing emergency assistance to peace	4014
officers pursuant to authority granted under that section;	4015

(23) A state fire marshal law enforcement officer appointed	4016
under section 3737.22 of the Revised Code or a person serving as a	4017
state fire marshal law enforcement officer on a permanent basis on	4018
or after July 1, 1982, who has been awarded a certificate by the	4019
executive director of the Ohio peace officer training commission	4020
attesting to the person's satisfactory completion of an approved	4021
state, county, municipal, or department of natural resources peace	4022
officer basic training program;	4023

(24) A gaming agent employed under section 3772.03 of the	4024
Revised Code.	4025

(B) "Undercover drug agent" has the same meaning as in	4026
division (B)(2) of section 109.79 of the Revised Code.	4027

(C) "Crisis intervention training" means training in the use	4028
of interpersonal and communication skills to most effectively and	4029
sensitively interview victims of rape.	4030

(D) "Missing children" has the same meaning as in section	4031
2901.30 of the Revised Code.	4032

Sec. 109.746. (A) The attorney general may prepare public	4033
awareness programs that are designed to educate potential victims	4034
of violations of section 2905.32 of the Revised Code and their	4035
families of the risks of becoming a victim of a violation of that	4036
section. The attorney general may prepare these programs with	4037
assistance from the department of health, the department of ~~mental~~	4038
~~health~~mental health and addiction services, the department of job	4039
and family services~~, the department of alcohol and drug addiction~~	4040
~~services~~, and the department of education.	4041

(B) Any organization, person, or other governmental agency	4042
with an interest and expertise in trafficking in persons may	4043
submit information or materials to the attorney general regarding	4044
the preparation of the programs and materials permitted under this	4045
section. The attorney general, in developing the programs and	4046
materials permitted by this section, shall consider any	4047
information submitted pursuant to this division.	4048

Sec. 109.77. (A) As used in this section, "felony" has the	4049
same meaning as in section 109.511 of the Revised Code.	4050

(B)(1) Notwithstanding any general, special, or local law or	4051
charter to the contrary, and except as otherwise provided in this	4052
section, no person shall receive an original appointment on a	4053
permanent basis as any of the following unless the person	4054
previously has been awarded a certificate by the executive	4055
director of the Ohio peace officer training commission attesting	4056
to the person's satisfactory completion of an approved state,	4057
county, municipal, or department of natural resources peace	4058
officer basic training program:	4059

(a) A peace officer of any county, township, municipal	4060
corporation, regional transit authority, or metropolitan housing	4061
authority;	4062

(b) A natural resources law enforcement staff officer, park	4063
officer, forest officer, preserve officer, wildlife officer, or	4064
state watercraft officer of the department of natural resources;	4065

(c) An employee of a park district under section 511.232 or	4066
1545.13 of the Revised Code;	4067

(d) An employee of a conservancy district who is designated	4068
pursuant to section 6101.75 of the Revised Code;	4069

(e) A state university law enforcement officer;

4070

(f) A special police officer employed by the department of	4071
~~mental health~~mental health and addiction services pursuant to	4072
section ~~5119.14~~5119.08 of the Revised Code or the department of	4073
developmental disabilities pursuant to section 5123.13 of the	4074
Revised Code;	4075

(g) An enforcement agent of the department of public safety	4076
whom the director of public safety designates under section	4077
5502.14 of the Revised Code;	4078

(h) A special police officer employed by a port authority	4079
under section 4582.04 or 4582.28 of the Revised Code;	4080

(i) A special police officer employed by a municipal	4081
corporation at a municipal airport, or other municipal air	4082
navigation facility, that has scheduled operations, as defined in	4083
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4084
C.F.R. 119.3, as amended, and that is required to be under a	4085
security program and is governed by aviation security rules of the	4086
transportation security administration of the United States	4087
department of transportation as provided in Parts 1542. and 1544.	4088
of Title 49 of the Code of Federal Regulations, as amended;	4089

(j) A gaming agent employed under section 3772.03 of the	4090
Revised Code.	4091

(2) Every person who is appointed on a temporary basis or for	4092
a probationary term or on other than a permanent basis as any of	4093
the following shall forfeit the appointed position unless the	4094
person previously has completed satisfactorily or, within the time	4095
prescribed by rules adopted by the attorney general pursuant to	4096
section 109.74 of the Revised Code, satisfactorily completes a	4097
state, county, municipal, or department of natural resources peace	4098
officer basic training program for temporary or probationary	4099
officers and is awarded a certificate by the director attesting to	4100
the satisfactory completion of the program:	4101

(a) A peace officer of any county, township, municipal	4102
corporation, regional transit authority, or metropolitan housing	4103
authority;	4104

(b) A natural resources law enforcement staff officer, park	4105
officer, forest officer, preserve officer, wildlife officer, or	4106
state watercraft officer of the department of natural resources;	4107

(c) An employee of a park district under section 511.232 or	4108
1545.13 of the Revised Code;	4109

(d) An employee of a conservancy district who is designated	4110
pursuant to section 6101.75 of the Revised Code;	4111

(e) A special police officer employed by the department of	4112
~~mental health~~mental health and addiction services pursuant to	4113
section ~~5119.14~~5119.08 of the Revised Code or the department of	4114
developmental disabilities pursuant to section 5123.13 of the	4115
Revised Code;	4116

(f) An enforcement agent of the department of public safety	4117
whom the director of public safety designates under section	4118
5502.14 of the Revised Code;	4119

(g) A special police officer employed by a port authority	4120
under section 4582.04 or 4582.28 of the Revised Code;	4121

(h) A special police officer employed by a municipal	4122
corporation at a municipal airport, or other municipal air	4123
navigation facility, that has scheduled operations, as defined in	4124
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4125
C.F.R. 119.3, as amended, and that is required to be under a	4126
security program and is governed by aviation security rules of the	4127
transportation security administration of the United States	4128
department of transportation as provided in Parts 1542. and 1544.	4129
of Title 49 of the Code of Federal Regulations, as amended.	4130

(3) For purposes of division (B) of this section, a state,	4131
county, municipal, or department of natural resources peace	4132
officer basic training program, regardless of whether the program	4133
is to be completed by peace officers appointed on a permanent or	4134
temporary, probationary, or other nonpermanent basis, shall	4135
include training in the handling of the offense of domestic	4136
violence, other types of domestic violence-related offenses and	4137
incidents, and protection orders and consent agreements issued or	4138
approved under section 2919.26 or 3113.31 of the Revised Code and	4139
crisis intervention training. The requirement to complete training	4140
in the handling of the offense of domestic violence, other types	4141
of domestic violence-related offenses and incidents, and	4142
protection orders and consent agreements issued or approved under	4143
section 2919.26 or 3113.31 of the Revised Code does not apply to	4144
any person serving as a peace officer on March 27, 1979, and the	4145
requirement to complete training in crisis intervention does not	4146
apply to any person serving as a peace officer on April 4, 1985.	4147
Any person who is serving as a peace officer on April 4, 1985, who	4148
terminates that employment after that date, and who subsequently	4149
is hired as a peace officer by the same or another law enforcement	4150
agency shall complete training in crisis intervention as	4151
prescribed by rules adopted by the attorney general pursuant to	4152
section 109.742 of the Revised Code. No peace officer shall have	4153
employment as a peace officer terminated and then be reinstated	4154
with intent to circumvent this section.	4155

(4) Division (B) of this section does not apply to any person	4156
serving on a permanent basis on March 28, 1985, as a park officer,	4157
forest officer, preserve officer, wildlife officer, or state	4158
watercraft officer of the department of natural resources or as an	4159
employee of a park district under section 511.232 or 1545.13 of	4160
the Revised Code, to any person serving on a permanent basis on	4161
March 6, 1986, as an employee of a conservancy district designated	4162
pursuant to section 6101.75 of the Revised Code, to any person	4163
serving on a permanent basis on January 10, 1991, as a preserve	4164
officer of the department of natural resources, to any person	4165
employed on a permanent basis on July 2, 1992, as a special police	4166
officer by the department of ~~mental health~~mental health and	4167
addiction services pursuant to section ~~5119.14~~5119.08 of the	4168
Revised Code or by the department of developmental disabilities	4169
pursuant to section 5123.13 of the Revised Code, to any person	4170
serving on a permanent basis on May 17, 2000, as a special police	4171
officer employed by a port authority under section 4582.04 or	4172
4582.28 of the Revised Code, to any person serving on a permanent	4173
basis on March 19, 2003, as a special police officer employed by a	4174
municipal corporation at a municipal airport or other municipal	4175
air navigation facility described in division (A)(19) of section	4176
109.71 of the Revised Code, to any person serving on a permanent	4177
basis on June 19, 1978, as a state university law enforcement	4178
officer pursuant to section 3345.04 of the Revised Code and who,	4179
immediately prior to June 19, 1978, was serving as a special	4180
police officer designated under authority of that section, or to	4181
any person serving on a permanent basis on September 20, 1984, as	4182
a liquor control investigator, known after June 30, 1999, as an	4183
enforcement agent of the department of public safety, engaged in	4184
the enforcement of Chapters 4301. and 4303. of the Revised Code.	4185

(5) Division (B) of this section does not apply to any person	4186
who is appointed as a regional transit authority police officer	4187
pursuant to division (Y) of section 306.35 of the Revised Code if,	4188
on or before July 1, 1996, the person has completed satisfactorily	4189
an approved state, county, municipal, or department of natural	4190
resources peace officer basic training program and has been	4191
awarded a certificate by the executive director of the Ohio peace	4192
officer training commission attesting to the person's satisfactory	4193
completion of such an approved program and if, on July 1, 1996,	4194
the person is performing peace officer functions for a regional	4195
transit authority.	4196

(C) No person, after September 20, 1984, shall receive an	4197
original appointment on a permanent basis as a veterans' home	4198
police officer designated under section 5907.02 of the Revised	4199
Code unless the person previously has been awarded a certificate	4200
by the executive director of the Ohio peace officer training	4201
commission attesting to the person's satisfactory completion of an	4202
approved police officer basic training program. Every person who	4203
is appointed on a temporary basis or for a probationary term or on	4204
other than a permanent basis as a veterans' home police officer	4205
designated under section 5907.02 of the Revised Code shall forfeit	4206
that position unless the person previously has completed	4207
satisfactorily or, within one year from the time of appointment,	4208
satisfactorily completes an approved police officer basic training	4209
program.	4210

(D) No bailiff or deputy bailiff of a court of record of this	4211
state and no criminal investigator who is employed by the state	4212
public defender shall carry a firearm, as defined in section	4213
2923.11 of the Revised Code, while on duty unless the bailiff,	4214
deputy bailiff, or criminal investigator has done or received one	4215
of the following:	4216

(1) Has been awarded a certificate by the executive director	4217
of the Ohio peace officer training commission, which certificate	4218
attests to satisfactory completion of an approved state, county,	4219
or municipal basic training program for bailiffs and deputy	4220
bailiffs of courts of record and for criminal investigators	4221
employed by the state public defender that has been recommended by	4222
the Ohio peace officer training commission;	4223

(2) Has successfully completed a firearms training program	4224
approved by the Ohio peace officer training commission prior to	4225
employment as a bailiff, deputy bailiff, or criminal investigator;	4226

(3) Prior to June 6, 1986, was authorized to carry a firearm	4227
by the court that employed the bailiff or deputy bailiff or, in	4228
the case of a criminal investigator, by the state public defender	4229
and has received training in the use of firearms that the Ohio	4230
peace officer training commission determines is equivalent to the	4231
training that otherwise is required by division (D) of this	4232
section.	4233

(E)(1) Before a person seeking a certificate completes an	4234
approved peace officer basic training program, the executive	4235
director of the Ohio peace officer training commission shall	4236
request the person to disclose, and the person shall disclose, any	4237
previous criminal conviction of or plea of guilty of that person	4238
to a felony.	4239

(2) Before a person seeking a certificate completes an	4240
approved peace officer basic training program, the executive	4241
director shall request a criminal history records check on the	4242
person. The executive director shall submit the person's	4243
fingerprints to the bureau of criminal identification and	4244
investigation, which shall submit the fingerprints to the federal	4245
bureau of investigation for a national criminal history records	4246
check.	4247

Upon receipt of the executive director's request, the bureau	4248
of criminal identification and investigation and the federal	4249
bureau of investigation shall conduct a criminal history records	4250
check on the person and, upon completion of the check, shall	4251
provide a copy of the criminal history records check to the	4252
executive director. The executive director shall not award any	4253
certificate prescribed in this section unless the executive	4254
director has received a copy of the criminal history records check	4255
on the person to whom the certificate is to be awarded.	4256

(3) The executive director of the commission shall not award	4257
a certificate prescribed in this section to a person who has been	4258
convicted of or has pleaded guilty to a felony or who fails to	4259
disclose any previous criminal conviction of or plea of guilty to	4260
a felony as required under division (E)(1) of this section.	4261

(4) The executive director of the commission shall revoke the	4262
certificate awarded to a person as prescribed in this section, and	4263
that person shall forfeit all of the benefits derived from being	4264
certified as a peace officer under this section, if the person,	4265
before completion of an approved peace officer basic training	4266
program, failed to disclose any previous criminal conviction of or	4267
plea of guilty to a felony as required under division (E)(1) of	4268
this section.	4269

(F)(1) Regardless of whether the person has been awarded the	4270
certificate or has been classified as a peace officer prior to,	4271
on, or after October 16, 1996, the executive director of the Ohio	4272
peace officer training commission shall revoke any certificate	4273
that has been awarded to a person as prescribed in this section if	4274
the person does either of the following:	4275

(a) Pleads guilty to a felony committed on or after January	4276
1, 1997;	4277

(b) Pleads guilty to a misdemeanor committed on or after	4278
January 1, 1997, pursuant to a negotiated plea agreement as	4279
provided in division (D) of section 2929.43 of the Revised Code in	4280
which the person agrees to surrender the certificate awarded to	4281
the person under this section.	4282

(2) The executive director of the commission shall suspend	4283
any certificate that has been awarded to a person as prescribed in	4284
this section if the person is convicted, after trial, of a felony	4285
committed on or after January 1, 1997. The executive director	4286
shall suspend the certificate pursuant to division (F)(2) of this	4287
section pending the outcome of an appeal by the person from that	4288
conviction to the highest court to which the appeal is taken or	4289
until the expiration of the period in which an appeal is required	4290
to be filed. If the person files an appeal that results in that	4291
person's acquittal of the felony or conviction of a misdemeanor,	4292
or in the dismissal of the felony charge against that person, the	4293
executive director shall reinstate the certificate awarded to the	4294
person under this section. If the person files an appeal from that	4295
person's conviction of the felony and the conviction is upheld by	4296
the highest court to which the appeal is taken or if the person	4297
does not file a timely appeal, the executive director shall revoke	4298
the certificate awarded to the person under this section.	4299

(G)(1) If a person is awarded a certificate under this	4300
section and the certificate is revoked pursuant to division (E)(4)	4301
or (F) of this section, the person shall not be eligible to	4302
receive, at any time, a certificate attesting to the person's	4303
satisfactory completion of a peace officer basic training program.	4304

(2) The revocation or suspension of a certificate under	4305
division (E)(4) or (F) of this section shall be in accordance with	4306
Chapter 119. of the Revised Code.	4307

(H)(1) A person who was employed as a peace officer of a	4308
county, township, or municipal corporation of the state on January	4309
1, 1966, and who has completed at least sixteen years of full-time	4310
active service as such a peace officer, or equivalent service as	4311
determined by the executive director of the Ohio peace officer	4312
training commission, may receive an original appointment on a	4313
permanent basis and serve as a peace officer of a county,	4314
township, or municipal corporation, or as a state university law	4315
enforcement officer, without complying with the requirements of	4316
division (B) of this section.	4317

(2) Any person who held an appointment as a state highway	4318
trooper on January 1, 1966, may receive an original appointment on	4319
a permanent basis and serve as a peace officer of a county,	4320
township, or municipal corporation, or as a state university law	4321
enforcement officer, without complying with the requirements of	4322
division (B) of this section.	4323

(I) No person who is appointed as a peace officer of a	4324
county, township, or municipal corporation on or after April 9,	4325
1985, shall serve as a peace officer of that county, township, or	4326
municipal corporation unless the person has received training in	4327
the handling of missing children and child abuse and neglect cases	4328
from an approved state, county, township, or municipal police	4329
officer basic training program or receives the training within the	4330
time prescribed by rules adopted by the attorney general pursuant	4331
to section 109.741 of the Revised Code.	4332

(J) No part of any approved state, county, or municipal basic	4333
training program for bailiffs and deputy bailiffs of courts of	4334
record and no part of any approved state, county, or municipal	4335
basic training program for criminal investigators employed by the	4336
state public defender shall be used as credit toward the	4337
completion by a peace officer of any part of the approved state,	4338
county, or municipal peace officer basic training program that the	4339
peace officer is required by this section to complete	4340
satisfactorily.	4341

(K) This section does not apply to any member of the police	4342
department of a municipal corporation in an adjoining state	4343
serving in this state under a contract pursuant to section 737.04	4344
of the Revised Code.	4345

Sec. 109.85. (A) Upon the written request of the governor,	4346
the general assembly, the auditor of state, the medicaid director	4347
~~of job and family services~~, the director of health, or the	4348
director of budget and management, or upon the attorney general's	4349
becoming aware of criminal or improper activity related to Chapter	4350
3721. and the ~~medical assistance~~medicaid program ~~established~~	4351
~~under section 5111.01 of the Revised Code~~, the attorney general	4352
shall investigate any criminal or civil violation of law related	4353
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	4354
medicaid program.	4355

(B) When it appears to the attorney general, as a result of	4356
an investigation under division (A) of this section, that there is	4357
cause to prosecute for the commission of a crime or to pursue a	4358
civil remedy, the attorney general may refer the evidence to the	4359
prosecuting attorney having jurisdiction of the matter, or to a	4360
regular grand jury drawn and impaneled pursuant to sections	4361
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	4362
drawn and impaneled pursuant to section 2939.17 of the Revised	4363
Code, or the attorney general may initiate and prosecute any	4364
necessary criminal or civil actions in any court or tribunal of	4365
competent jurisdiction in this state. When proceeding under this	4366
section, the attorney general, and any assistant or special	4367
counsel designated by the attorney general for that purpose, have	4368
all rights, privileges, and powers of prosecuting attorneys. The	4369
attorney general shall have exclusive supervision and control of	4370
all investigations and prosecutions initiated by the attorney	4371
general under this section. The forfeiture provisions of Chapter	4372
2981. of the Revised Code apply in relation to any such criminal	4373
action initiated and prosecuted by the attorney general.	4374

(C) Nothing in this section shall prevent a county	4375
prosecuting attorney from investigating and prosecuting criminal	4376
activity related to Chapter 3721. of the Revised Code and the	4377
~~medical assistance~~medicaid program ~~established under section~~	4378
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	4379
2981. of the Revised Code apply in relation to any prosecution of	4380
criminal activity related to the ~~medical assistance~~medicaid	4381
program undertaken by the prosecuting attorney.	4382

Sec. 109.86. (A) The attorney general shall investigate any	4383
activity the attorney general has reasonable cause to believe is	4384
in violation of section 2903.34 of the Revised Code. Upon written	4385
request of the governor, the general assembly, the auditor of	4386
state, or the director of health, job and family services, aging,	4387
~~mental health~~mental health and addiction services, or	4388
developmental disabilities, the attorney general shall investigate	4389
any activity these persons believe is in violation of section	4390
2903.34 of the Revised Code. If after an investigation the	4391
attorney general has probable cause to prosecute for the	4392
commission of a crime, the attorney general shall refer the	4393
evidence to the prosecuting attorney, director of law, or other	4394
similar chief legal officer having jurisdiction over the matter.	4395
If the prosecuting attorney decides to present the evidence to a	4396
grand jury, the prosecuting attorney shall notify the attorney	4397
general in writing of the decision within thirty days after	4398
referral of the matter and shall present the evidence prior to the	4399
discharge of the next regular grand jury. If the director of law	4400
or other chief legal officer decides to prosecute the case, the	4401
director or officer shall notify the attorney general in writing	4402
of the decision within thirty days and shall initiate prosecution	4403
within sixty days after the matter was referred to the director or	4404
officer.	4405

(B) If the prosecuting attorney, director of law, or other	4406
chief legal officer fails to notify the attorney general or to	4407
present evidence or initiate prosecution in accordance with	4408
division (A) of this section, the attorney general may present the	4409
evidence to a regular grand jury drawn and impaneled pursuant to	4410
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4411
grand jury drawn and impaneled pursuant to section 2939.17 of the	4412
Revised Code, or the attorney general may initiate and prosecute	4413
any action in any court or tribunal of competent jurisdiction in	4414
this state. The attorney general, and any assistant or special	4415
counsel designated by the attorney general, have all the powers of	4416
a prosecuting attorney, director of law, or other chief legal	4417
officer when proceeding under this section. Nothing in this	4418
section shall limit or prevent a prosecuting attorney, director of	4419
law, or other chief legal officer from investigating and	4420
prosecuting criminal activity committed against a resident or	4421
patient of a care facility.	4422

Sec. 109.90. (A) The attorney general shall collaborate with	4423
the state board of pharmacy and director of ~~alcohol and drug~~	4424
~~addiction services~~mental health and addiction services in the	4425
establishment and administration of a drug take-back program, as	4426
provided under section 4729.69 of the Revised Code. The office of	4427
the attorney general is solely responsible for the costs incurred	4428
in the establishment and administration of the program.	4429

(B) The attorney general may accept grants, gifts, or	4430
donations for purposes of the program. Money received under this	4431
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4432
shall be deposited into the state treasury to the credit of the	4433
drug take-back program fund, which is hereby created. Money	4434
credited to the fund shall be used solely for purposes of the	4435
program.	4436

Sec. 111.02. Before entering upon the discharge of the	4437
duties of ~~his~~ office, the secretary of state shall give a bond to	4438
the state in the sum of one hundred thousand dollars, with ~~two or~~	4439
~~more sureties approved by the governor, auditor of state, and~~	4440
~~attorney general~~a surety authorized to do business in the state,	4441
conditioned for the faithful discharge of the duties of ~~his~~the	4442
office of secretary of state. The bond~~, with the approval of the~~	4443
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4444
deposited with and kept by the director of administrative services	4445
~~and kept~~ in ~~his~~the director's office.	4446

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

4447

(1) "Rule" includes any rule, regulation, bylaw, or standard	4448
having a general and uniform operation adopted by an agency under	4449
the authority of the laws governing the agency; any appendix to a	4450
rule; and any internal management rule. "Rule" does not include	4451
any guideline adopted pursuant to section 3301.0714 of the Revised	4452
Code, any order respecting the duties of employees, any finding,	4453
any determination of a question of law or fact in a matter	4454
presented to an agency, or any rule promulgated pursuant to	4455
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4456
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4457
any amendment or rescission of a rule.	4458

(2) "Agency" means any governmental entity of the state and	4459
includes, but is not limited to, any board, department, division,	4460
commission, bureau, society, council, institution, state college	4461
or university, community college district, technical college	4462
district, or state community college. "Agency" does not include	4463
the general assembly, the controlling board, the adjutant	4464
general's department, or any court.	4465

(3) "Internal management rule" means any rule, regulation,	4466
bylaw, or standard governing the day-to-day staff procedures and	4467
operations within an agency.	4468

(4) "Substantive revision" has the same meaning as in	4469
division (J) of section 119.01 of the Revised Code.	4470

(B)(1) Any rule, other than a rule of an emergency nature,	4471
adopted by any agency pursuant to this section shall be effective	4472
on the tenth day after the day on which the rule in final form and	4473
in compliance with division (B)(3) of this section is filed as	4474
follows:	4475

(a) The rule shall be filed in electronic form with both the	4476
secretary of state and the director of the legislative service	4477
commission;	4478

(b) The rule shall be filed in electronic form with the joint	4479
committee on agency rule review. Division (B)(1)(b) of this	4480
section does not apply to any rule to which division (D) of this	4481
section does not apply.	4482

An agency that adopts or amends a rule that is subject to	4483
division (D) of this section shall assign a review date to the	4484
rule that is not later than five years after its effective date.	4485
If no review date is assigned to a rule, or if a review date	4486
assigned to a rule exceeds the five-year maximum, the review date	4487
for the rule is five years after its effective date. A rule with a	4488
review date is subject to review under section 119.032 of the	4489
Revised Code. This paragraph does not apply to a rule of a state	4490
college or university, community college district, technical	4491
college district, or state community college.	4492

If all filings are not completed on the same day, the rule	4493
shall be effective on the tenth day after the day on which the	4494
latest filing is completed. If an agency in adopting a rule	4495
designates an effective date that is later than the effective date	4496
provided for by division (B)(1) of this section, the rule if filed	4497
as required by such division shall become effective on the later	4498
date designated by the agency.	4499

Any rule that is required to be filed under division (B)(1)	4500
of this section is also subject to division (D) of this section if	4501
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4502
(8) of this section.	4503

If a rule incorporates a text or other material by reference,	4504
the agency shall comply with sections 121.71 to 121.76 of the	4505
Revised Code.	4506

(2) A rule of an emergency nature necessary for the immediate	4507
preservation of the public peace, health, or safety shall state	4508
the reasons for the necessity. The emergency rule, in final form	4509
and in compliance with division (B)(3) of this section, shall be	4510
filed in electronic form with the secretary of state, the director	4511
of the legislative service commission, and the joint committee on	4512
agency rule review. The emergency rule is effective immediately	4513
upon completion of the latest filing, except that if the agency in	4514
adopting the emergency rule designates an effective date, or date	4515
and time of day, that is later than the effective date and time	4516
provided for by division (B)(2) of this section, the emergency	4517
rule if filed as required by such division shall become effective	4518
at the later date, or later date and time of day, designated by	4519
the agency.	4520

An emergency rule becomes invalid at the end of the ninetieth	4521
day it is in effect. Prior to that date, the agency may file the	4522
emergency rule as a nonemergency rule in compliance with division	4523
(B)(1) of this section. The agency may not refile the emergency	4524
rule in compliance with division (B)(2) of this section so that,	4525
upon the emergency rule becoming invalid under such division, the	4526
emergency rule will continue in effect without interruption for	4527
another ninety-day period.	4528

(3) An agency shall file a rule under division (B)(1) or (2)	4529
of this section in compliance with the following standards and	4530
procedures:	4531

(a) The rule shall be numbered in accordance with the	4532
numbering system devised by the director for the Ohio	4533
administrative code.	4534

(b) The rule shall be prepared and submitted in compliance	4535
with the rules of the legislative service commission.	4536

(c) The rule shall clearly state the date on which it is to	4537
be effective and the date on which it will expire, if known.	4538

(d) Each rule that amends or rescinds another rule shall	4539
clearly refer to the rule that is amended or rescinded. Each	4540
amendment shall fully restate the rule as amended.	4541

If the director of the legislative service commission or the	4542
director's designee gives an agency notice pursuant to section	4543
103.05 of the Revised Code that a rule filed by the agency is not	4544
in compliance with the rules of the legislative service	4545
commission, the agency shall within thirty days after receipt of	4546
the notice conform the rule to the rules of the commission as	4547
directed in the notice.	4548

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4549
of this section shall be recorded by the secretary of state and	4550
the director under the title of the agency adopting the rule and	4551
shall be numbered according to the numbering system devised by the	4552
director. The secretary of state and the director shall preserve	4553
the rules in an accessible manner. Each such rule shall be a	4554
public record open to public inspection and may be transmitted to	4555
any law publishing company that wishes to reproduce it.	4556

(D) At least sixty-five days before a board, commission,	4557
department, division, or bureau of the government of the state	4558
files a rule under division (B)(1) of this section, it shall file	4559
the full text of the proposed rule in electronic form with the	4560
joint committee on agency rule review, and the proposed rule is	4561
subject to legislative review and invalidation under division (I)	4562
of section 119.03 of the Revised Code. If a state board,	4563
commission, department, division, or bureau makes a substantive	4564
revision in a proposed rule after it is filed with the joint	4565
committee, the state board, commission, department, division, or	4566
bureau shall promptly file the full text of the proposed rule in	4567
its revised form in electronic form with the joint committee. The	4568
latest version of a proposed rule as filed with the joint	4569
committee supersedes each earlier version of the text of the same	4570
proposed rule. ~~Except as provided in division (F) of this section,~~	4571
aA state board, commission, department, division, or bureau shall	4572
also file the rule summary and fiscal analysis prepared under	4573
section 127.18 of the Revised Code in electronic form along with a	4574
proposed rule, and along with a proposed rule in revised form,	4575
that is filed under this division. If a proposed rule has an	4576
adverse impact on businesses, the state board, commission,	4577
department, division, or bureau also shall file the business	4578
impact analysis, any recommendations received from the common	4579
sense initiative office, and the associated memorandum of	4580
response, if any, in electronic form along with the proposed rule,	4581
or the proposed rule in revised form, that is filed under this	4582
division.	4583

As used in this division, "commission" includes the public	4584
utilities commission when adopting rules under a federal or state	4585
statute.	4586

This division does not apply to any of the following:

4587

(1) A proposed rule of an emergency nature;

4588

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4589
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4590
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4591
Code;	4592

(3) A rule proposed by an agency other than a board,	4593
commission, department, division, or bureau of the government of	4594
the state;	4595

(4) A proposed internal management rule of a board,	4596
commission, department, division, or bureau of the government of	4597
the state;	4598

(5) Any proposed rule that must be adopted verbatim by an	4599
agency pursuant to federal law or rule, to become effective within	4600
sixty days of adoption, in order to continue the operation of a	4601
federally reimbursed program in this state, so long as the	4602
proposed rule contains both of the following:	4603

(a) A statement that it is proposed for the purpose of	4604
complying with a federal law or rule;	4605

(b) A citation to the federal law or rule that requires	4606
verbatim compliance.	4607

(6) An initial rule proposed by the director of health to	4608
impose safety standards and quality-of-care standards with respect	4609
to a health service specified in section 3702.11 of the Revised	4610
Code, or an initial rule proposed by the director to impose	4611
quality standards on a facility listed in division (A)(4) of	4612
section 3702.30 of the Revised Code, if section 3702.12 of the	4613
Revised Code requires that the rule be adopted under this section;	4614

(7) A rule of the state lottery commission pertaining to	4615
instant game rules.	4616

If a rule is exempt from legislative review under division	4617
(D)(5) of this section, and if the federal law or rule pursuant to	4618
which the rule was adopted expires, is repealed or rescinded, or	4619
otherwise terminates, the rule is thereafter subject to	4620
legislative review under division (D) of this section.	4621

(E) Whenever a state board, commission, department, division,	4622
or bureau files a proposed rule or a proposed rule in revised form	4623
under division (D) of this section, it shall also file the full	4624
text of the same proposed rule or proposed rule in revised form in	4625
electronic form with the secretary of state and the director of	4626
the legislative service commission. ~~Except as provided in division~~	4627
~~(F) of this section, a~~A state board, commission, department,	4628
division, or bureau shall file the rule summary and fiscal	4629
analysis prepared under section 127.18 of the Revised Code in	4630
electronic form along with a proposed rule or proposed rule in	4631
revised form that is filed with the secretary of state or the	4632
director of the legislative service commission.	4633

~~(F) Except as otherwise provided in this division, the~~	4634
~~auditor of state or the auditor of state's designee is not~~	4635
~~required to file a rule summary and fiscal analysis along with a~~	4636
~~proposed rule, or proposed rule in revised form, that the auditor~~	4637
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4638
~~of the Revised Code and files under division (D) or (E) of this~~	4639
~~section.~~	4640

Sec. 111.28. (A) There is hereby created in the state	4641
treasury the help America vote act (HAVA) fund. All moneys	4642
received by the secretary of state from the United States election	4643
assistance commission shall be credited to the fund. The secretary	4644
of state shall use the moneys credited to the fund for activities	4645
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4646
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4647
shall be credited to the fund.	4648

(B) There is hereby created in the state treasury the	4649
election reform/health and human services fund. All moneys	4650
received by the secretary of state from the United States	4651
department of health and human services shall be credited to the	4652
fund. The secretary of state shall use the moneys credited to the	4653
fund for activities conducted pursuant to grants awarded to the	4654
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4655
America Vote Act of 2002 to assure access for individuals with	4656
disabilities. All investment earnings of the fund shall be	4657
credited to the fund.	4658

(C) There is hereby created in the state treasury the	4659
miscellaneous federal grants fund. All moneys the secretary of	4660
state receives as grants from federal sources that are not	4661
otherwise designated shall be credited to the fund. The secretary	4662
of state shall use the moneys credited to the fund for the	4663
purposes and activities required by the applicable federal grant	4664
agreements. All investment earnings of the fund shall be credited	4665
to the fund.	4666

Sec. 113.02. Before entering upon the discharge of the	4667
duties of ~~his~~ office, the treasurer of state shall give a bond to	4668
the state in the sum of one million dollars, with ~~sureties~~	4669
~~approved by the governor~~a surety authorized to do business in the	4670
state, conditioned for the faithful discharge of the duties of ~~his~~	4671
the office of treasurer of state. The bond~~, with the approval of~~	4672
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4673
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4674
the secretary of state's office.	4675

Sec. 113.061. The treasurer of state shall adopt rules in	4676
accordance with Chapter 119. of the Revised Code governing the	4677
remittance of taxes by electronic funds transfer as required under	4678
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5736.04,	4679
5739.032, 5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the	4680
Revised Code and any other section of the Revised Code under which	4681
a person is required to remit taxes by electronic funds transfer.	4682
The rules shall govern the modes of electronic funds transfer	4683
acceptable to the treasurer of state and under what circumstances	4684
each mode is acceptable, the content and format of electronic	4685
funds transfers, the coordination of payment by electronic funds	4686
transfer and filing of associated tax reports and returns, the	4687
remittance of taxes by means other than electronic funds transfer	4688
by persons otherwise required to do so but relieved of the	4689
requirement by the treasurer of state, and any other matter that	4690
in the opinion of the treasurer of state facilitates payment by	4691
electronic funds transfer in a manner consistent with those	4692
sections.	4693

Upon failure by a person, if so required, to remit taxes by	4694
electronic funds transfer in the manner prescribed under section	4695
5726.03, 5727.83, 5733.022, 5735.062, 5736.04, 5739.032, 5745.04,	4696
or 5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4697
adopted under this section, the treasurer of state shall notify	4698
the tax commissioner of such failure if the treasurer of state	4699
determines that such failure was not due to reasonable cause or	4700
was due to willful neglect, and shall provide the tax commissioner	4701
with any information used in making that determination. The tax	4702
commissioner may assess an additional charge as specified in the	4703
respective section of the Revised Code governing the requirement	4704
to remit taxes by electronic funds transfer.	4705

The treasurer of state may implement means of acknowledging,	4706
upon the request of a taxpayer, receipt of tax remittances made by	4707
electronic funds transfer, and may adopt rules governing	4708
acknowledgments. The cost of acknowledging receipt of electronic	4709
remittances shall be paid by the person requesting acknowledgment.	4710

The treasurer of state, not the tax commissioner, is	4711
responsible for resolving any problems involving electronic funds	4712
transfer transmissions.	4713

Sec. 117.03. Before entering upon the discharge of the	4714
duties of ~~his~~ office, the auditor of state shall give a bond to	4715
the state in the sum of twenty thousand dollars, with a surety	4716
~~approved by the governor~~authorized to do business in the state,	4717
conditioned for the faithful discharge of the duties of ~~his~~the	4718
office of auditor of state. The bond~~, with the approval of the~~	4719
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4720
deposited with and kept by the secretary of state and kept in ~~his~~	4721
the secretary of state's office.	4722

Sec. 117.10. The auditor of state shall audit all public	4723
offices as provided in this chapter. The auditor of state also may	4724
audit the accounts of private institutions, associations, boards,	4725
and corporations receiving public money for their use and may	4726
require of them annual reports in such form as the auditor of	4727
state prescribes.	4728

If the auditor of state performs or contracts for the	4729
performance of an audit, including a special audit, of the public	4730
employees retirement system, school employees retirement system,	4731
state teachers retirement system, state highway patrol retirement	4732
system, or Ohio police and fire pension fund, the auditor of state	4733
shall make a timely report of the results of the audit to the Ohio	4734
retirement study council.	4735

The auditor of state may audit the accounts of any medicaid	4736
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4737
Code.	4738

If a public office has been audited by an agency of the	4739
United States government, the auditor of state may, if satisfied	4740
that the federal audit has been conducted according to principles	4741
and procedures not contrary to those of the auditor of state, use	4742
and adopt the federal audit and report in lieu of an audit by the	4743
auditor of state's own office.	4744

Within thirty days after the creation or dissolution or the	4745
winding up of the affairs of any public office, that public office	4746
shall notify the auditor of state in writing that this action has	4747
occurred.	4748

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4749
of the Revised Code, the auditor of state or the auditor of	4750
state's designee shall do both of the following:	4751

(1) Before adopting any such rule, except a rule of an	4752
emergency nature, do each of the following:	4753

(a) At least thirty-five days before any public hearing on	4754
the proposed rule-making action, mail or send by electronic mail	4755
notice of the hearing to each public office and to each statewide	4756
organization that the auditor of state or designee determines will	4757
be affected or represents persons who will be affected by the	4758
proposed rule-making action;	4759

(b) Mail or send by electronic mail a copy of the proposed	4760
rule to any person or organization that requests a copy within	4761
five days after receipt of the request;	4762

(c) Consult with appropriate state and local government	4763
agencies, or with persons representative of their interests,	4764
including statewide organizations of local government officials,	4765
and consult with accounting professionals and other interested	4766
persons;	4767

(d) Conduct, on the date and at the time and place designated	4768
in the notice, a public hearing at which any person affected by	4769
the proposed rule, including statewide organizations of local	4770
government officials, may appear and be heard in person, by	4771
attorney, or both, and may present the person's or organization's	4772
position or contentions orally or in writing.	4773

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4774
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4775
of the Revised Code. ~~The auditor of state is not required to file~~	4776
~~a rule summary and fiscal analysis along with any copy of a~~	4777
~~proposed rule, or proposed rule in revised form, that is filed~~	4778
~~with the joint committee on agency rule review, the secretary of~~	4779
~~state, or the director of the legislative service commission under~~	4780
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4781

(B) The auditor of state shall diligently discharge the	4782
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4783
section, but failure to mail or send by electronic mail any notice	4784
or copy of a proposed rule, or to consult with any person or	4785
organization, shall not invalidate any rule.	4786

(C) Notwithstanding any contrary provision of the Revised	4787
Code, the auditor of state may prepare and disseminate, to public	4788
offices and other interested persons and organizations, advisory	4789
bulletins, directives, and instructions relating to accounting and	4790
financial reporting systems, budgeting procedures, fiscal	4791
controls, and the constructions by the auditor of state of	4792
constitutional and statutory provisions, court decisions, and	4793
opinions of the attorney general. The bulletins, directives, and	4794
instructions shall be of an advisory nature only.	4795

(D) As used in this section, "rule" includes the adoption,	4796
amendment, or rescission of a rule.	4797

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4798
Revised Code:	4799

(A)(1) "Agency" means, except as limited by this division,	4800
any official, board, or commission having authority to promulgate	4801
rules or make adjudications in the civil service commission, the	4802
division of liquor control, the department of taxation, the	4803
industrial commission, the bureau of workers' compensation, the	4804
functions of any administrative or executive officer, department,	4805
division, bureau, board, or commission of the government of the	4806
state specifically made subject to sections 119.01 to 119.13 of	4807
the Revised Code, and the licensing functions of any	4808
administrative or executive officer, department, division, bureau,	4809
board, or commission of the government of the state having the	4810
authority or responsibility of issuing, suspending, revoking, or	4811
canceling licenses.	4812

Except as otherwise provided in division (I) of this section,	4813
sections 119.01 to 119.13 of the Revised Code do not apply to the	4814
public utilities commission. Sections 119.01 to 119.13 of the	4815
Revised Code do not apply to the utility radiological safety	4816
board; to the controlling board; to actions of the superintendent	4817
of financial institutions and the superintendent of insurance in	4818
the taking possession of, and rehabilitation or liquidation of,	4819
the business and property of banks, savings and loan associations,	4820
savings banks, credit unions, insurance companies, associations,	4821
reciprocal fraternal benefit societies, and bond investment	4822
companies; to any action taken by the division of securities under	4823
section 1707.201 of the Revised Code; or to any action that may be	4824
taken by the superintendent of financial institutions under	4825
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4826
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4827
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4828

Sections 119.01 to 119.13 of the Revised Code do not apply to	4829
actions of the industrial commission or the bureau of workers'	4830
compensation under sections 4123.01 to 4123.94 of the Revised Code	4831
with respect to all matters of adjudication, or to the actions of	4832
the industrial commission, bureau of workers' compensation board	4833
of directors, and bureau of workers' compensation under division	4834
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4835
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4836
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4837
(E) of section 4131.14 of the Revised Code with respect to all	4838
matters concerning the establishment of premium, contribution, and	4839
assessment rates.	4840

(2) "Agency" also means any official or work unit having	4841
authority to promulgate rules or make adjudications in the	4842
department of job and family services, but only with respect to	4843
both of the following:	4844

(a) The adoption, amendment, or rescission of rules that	4845
section 5101.09 of the Revised Code requires be adopted in	4846
accordance with this chapter;	4847

(b) The issuance, suspension, revocation, or cancellation of	4848
licenses.	4849

(B) "License" means any license, permit, certificate,	4850
commission, or charter issued by any agency. "License" does not	4851
include any arrangement whereby a person~~, institution,~~ or	4852
government entity furnishes medicaid services under a provider	4853
agreement with the department of ~~job and family services pursuant~~	4854
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4855
~~U.S.C. 301, as amended~~medicaid.	4856

(C) "Rule" means any rule, regulation, or standard, having a	4857
general and uniform operation, adopted, promulgated, and enforced	4858
by any agency under the authority of the laws governing such	4859
agency, and includes any appendix to a rule. "Rule" does not	4860
include any internal management rule of an agency unless the	4861
internal management rule affects private rights and does not	4862
include any guideline adopted pursuant to section 3301.0714 of the	4863
Revised Code.	4864

(D) "Adjudication" means the determination by the highest or	4865
ultimate authority of an agency of the rights, duties, privileges,	4866
benefits, or legal relationships of a specified person, but does	4867
not include the issuance of a license in response to an	4868
application with respect to which no question is raised, nor other	4869
acts of a ministerial nature.	4870

(E) "Hearing" means a public hearing by any agency in	4871
compliance with procedural safeguards afforded by sections 119.01	4872
to 119.13 of the Revised Code.	4873

(F) "Person" means a person, firm, corporation, association,	4874
or partnership.	4875

(G) "Party" means the person whose interests are the subject	4876
of an adjudication by an agency.	4877

(H) "Appeal" means the procedure by which a person, aggrieved	4878
by a finding, decision, order, or adjudication of any agency,	4879
invokes the jurisdiction of a court.	4880

(I) "Rule-making agency" means any board, commission,	4881
department, division, or bureau of the government of the state	4882
that is required to file proposed rules, amendments, or	4883
rescissions under division (D) of section 111.15 of the Revised	4884
Code and any agency that is required to file proposed rules,	4885
amendments, or rescissions under divisions (B) and (H) of section	4886
119.03 of the Revised Code. "Rule-making agency" includes the	4887
public utilities commission. "Rule-making agency" does not include	4888
any state-supported college or university.	4889

(J) "Substantive revision" means any addition to, elimination	4890
from, or other change in a rule, an amendment of a rule, or a	4891
rescission of a rule, whether of a substantive or procedural	4892
nature, that changes any of the following:	4893

(1) That which the rule, amendment, or rescission permits,	4894
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4895
otherwise affects;	4896

(2) The scope or application of the rule, amendment, or	4897
rescission.	4898

(K) "Internal management rule" means any rule, regulation, or	4899
standard governing the day-to-day staff procedures and operations	4900
within an agency.	4901

Sec. 120.06. (A)(1) The state public defender, when	4902
designated by the court or requested by a county public defender	4903
or joint county public defender, may provide legal representation	4904
in all courts throughout the state to indigent adults and	4905
juveniles who are charged with the commission of an offense or act	4906
for which the penalty or any possible adjudication includes the	4907
potential loss of liberty.	4908

(2) The state public defender may provide legal	4909
representation to any indigent person who, while incarcerated in	4910
any state correctional institution, is charged with a felony	4911
offense, for which the penalty or any possible adjudication that	4912
may be imposed by a court upon conviction includes the potential	4913
loss of liberty.	4914

(3) The state public defender may provide legal	4915
representation to any person incarcerated in any correctional	4916
institution of the state, in any matter in which the person	4917
asserts the person is unlawfully imprisoned or detained.	4918

(4) The state public defender, in any case in which the state	4919
public defender has provided legal representation or is requested	4920
to do so by a county public defender or joint county public	4921
defender, may provide legal representation on appeal.	4922

(5) The state public defender, when designated by the court	4923
or requested by a county public defender, joint county public	4924
defender, or the director of rehabilitation and correction, shall	4925
provide legal representation in parole and probation revocation	4926
matters or matters relating to the revocation of community control	4927
or post-release control under a community control sanction or	4928
post-release control sanction, unless the state public defender	4929
finds that the alleged parole or probation violator or alleged	4930
violator of a community control sanction or post-release control	4931
sanction has the financial capacity to retain the alleged	4932
violator's own counsel.	4933

(6) The state public defender, when designated by the court	4934
or requested by a county public defender, joint county public	4935
defender, the director of rehabilitation and correction, or the	4936
director of youth services, shall provide legal representation to	4937
a child confined in a facility operated, or contracted for, by the	4938
department of youth services, on administrative issues that may	4939
extend the period of the child's confinement in a facility	4940
operated, or contracted for, by the department of youth services,	4941
unless the state public defender finds that the child has the	4942
financial capacity to retain the child's own counsel.	4943

(7) If the state public defender contracts with a county	4944
public defender commission, a joint county public defender	4945
commission, or a board of county commissioners for the provision	4946
of services, under authority of division (C)(7) of section 120.04	4947
of the Revised Code, the state public defender shall provide legal	4948
representation in accordance with the contract.	4949

(B) The state public defender shall not be required to	4950
prosecute any appeal, postconviction remedy, or other proceeding	4951
pursuant to division (A)(3), (4), or (5), or (6) of this section,	4952
unless the state public defender first is satisfied that there is	4953
arguable merit to the proceeding.	4954

(C) A court may appoint counsel or allow an indigent person	4955
to select the indigent's own personal counsel to assist the state	4956
public defender as co-counsel when the interests of justice so	4957
require. When co-counsel is appointed to assist the state public	4958
defender, the co-counsel shall receive any compensation that the	4959
court may approve, not to exceed the amounts provided for in	4960
section 2941.51 of the Revised Code.	4961

(D)(1) When the state public defender is designated by the	4962
court or requested by a county public defender or joint county	4963
public defender to provide legal representation for an indigent	4964
person in any case, other than pursuant to a contract entered into	4965
under authority of division (C)(7) of section 120.04 of the	4966
Revised Code, the state public defender shall send to the county	4967
in which the case is filed a bill detailing the actual cost of the	4968
representation that separately itemizes legal fees and expenses.	4969
The county, upon receipt of an itemized bill from the state public	4970
defender pursuant to this division, shall pay the state public	4971
defender each of the following amounts:	4972

(a) For the amount identified as legal fees in the itemized	4973
bill, one hundred per cent of the amount identified as legal fees	4974
less the state reimbursement rate as calculated by the state	4975
public defender pursuant to section 120.34 of the Revised Code for	4976
the month the case terminated, as set forth in the itemized bill;	4977

(b) For the amount identified as expenses in the itemized	4978
bill, one hundred per cent.	4979

(2) Upon payment of the itemized bill under division (D)(1)	4980
of this section, the county may submit the cost of the expenses,	4981
excluding legal fees, to the state public defender for	4982
reimbursement pursuant to section 120.33 of the Revised Code.	4983

(3) When the state public defender provides investigation or	4984
mitigation services to private appointed counsel or to a county or	4985
joint county public defender as approved by the appointing court,	4986
other than pursuant to a contract entered into under authority of	4987
division (C)(7) of section 120.04 of the Revised Code, the state	4988
public defender shall send to the county in which the case is	4989
filed a bill itemizing the actual cost of the services provided.	4990
The county, upon receipt of an itemized bill from the state public	4991
defender pursuant to this division, shall pay one hundred per cent	4992
of the amount as set forth in the itemized bill. Upon payment of	4993
the itemized bill received pursuant to this division, the county	4994
may submit the cost of the investigation and mitigation services	4995
to the state public defender for reimbursement pursuant to section	4996
120.33 of the Revised Code.	4997

(4) There is hereby created in the state treasury the county	4998
representation fund for the deposit of moneys received from	4999
counties under this division. All moneys credited to the fund	5000
shall be used by the state public defender to provide legal	5001
representation for indigent persons when designated by the court	5002
or requested by a county or joint county public defender or to	5003
provide investigation or mitigation services, including	5004
investigation or mitigation services to private appointed counsel	5005
or a county or joint county public defender, as approved by the	5006
court.	5007

(E)(1) Notwithstanding any contrary provision of sections	5008
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	5009
that pertains to representation by the attorney general, an	5010
assistant attorney general, or special counsel of an officer or	5011
employee, as defined in section 109.36 of the Revised Code, or of	5012
an entity of state government, the state public defender may elect	5013
to contract with, and to have the state pay pursuant to division	5014
(E)(2) of this section for the services of, private legal counsel	5015
to represent the Ohio public defender commission, the state public	5016
defender, assistant state public defenders, other employees of the	5017
commission or the state public defender, and attorneys described	5018
in division (C) of section 120.41 of the Revised Code in a	5019
malpractice or other civil action or proceeding that arises from	5020
alleged actions or omissions related to responsibilities derived	5021
pursuant to this chapter, or in a civil action that is based upon	5022
alleged violations of the constitution or statutes of the United	5023
States, including section 1983 of Title 42 of the United States	5024
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	5025
arises from alleged actions or omissions related to	5026
responsibilities derived pursuant to this chapter, if the state	5027
public defender determines, in good faith, that the defendant in	5028
the civil action or proceeding did not act manifestly outside the	5029
scope of the defendant's employment or official responsibilities,	5030
with malicious purpose, in bad faith, or in a wanton or reckless	5031
manner. If the state public defender elects not to contract	5032
pursuant to this division for private legal counsel in a civil	5033
action or proceeding, then, in accordance with sections 109.02,	5034
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	5035
attorney general shall represent or provide for the representation	5036
of the Ohio public defender commission, the state public defender,	5037
assistant state public defenders, other employees of the	5038
commission or the state public defender, or attorneys described in	5039
division (C) of section 120.41 of the Revised Code in the civil	5040
action or proceeding.	5041

(2)(a) Subject to division (E)(2)(b) of this section, payment	5042
from the state treasury for the services of private legal counsel	5043
with whom the state public defender has contracted pursuant to	5044
division (E)(1) of this section shall be accomplished only through	5045
the following procedure:	5046

(i) The private legal counsel shall file with the attorney	5047
general a copy of the contract; a request for an award of legal	5048
fees, court costs, and expenses earned or incurred in connection	5049
with the defense of the Ohio public defender commission, the state	5050
public defender, an assistant state public defender, an employee,	5051
or an attorney in a specified civil action or proceeding; a	5052
written itemization of those fees, costs, and expenses, including	5053
the signature of the state public defender and the state public	5054
defender's attestation that the fees, costs, and expenses were	5055
earned or incurred pursuant to division (E)(1) of this section to	5056
the best of the state public defender's knowledge and information;	5057
a written statement whether the fees, costs, and expenses are for	5058
all legal services to be rendered in connection with that defense,	5059
are only for legal services rendered to the date of the request	5060
and additional legal services likely will have to be provided in	5061
connection with that defense, or are for the final legal services	5062
rendered in connection with that defense; a written statement	5063
indicating whether the private legal counsel previously submitted	5064
a request for an award under division (E)(2) of this section in	5065
connection with that defense and, if so, the date and the amount	5066
of each award granted; and, if the fees, costs, and expenses are	5067
for all legal services to be rendered in connection with that	5068
defense or are for the final legal services rendered in connection	5069
with that defense, a certified copy of any judgment entry in the	5070
civil action or proceeding or a signed copy of any settlement	5071
agreement entered into between the parties to the civil action or	5072
proceeding.	5073

(ii) Upon receipt of a request for an award of legal fees,	5074
court costs, and expenses and the requisite supportive	5075
documentation described in division (E)(2)(a)(i) of this section,	5076
the attorney general shall review the request and documentation;	5077
determine whether any of the limitations specified in division	5078
(E)(2)(b) of this section apply to the request; and, if an award	5079
of legal fees, court costs, or expenses is permissible after	5080
applying the limitations, prepare a document awarding legal fees,	5081
court costs, or expenses to the private legal counsel. The	5082
document shall name the private legal counsel as the recipient of	5083
the award; specify the total amount of the award as determined by	5084
the attorney general; itemize the portions of the award that	5085
represent legal fees, court costs, and expenses; specify any	5086
limitation applied pursuant to division (E)(2)(b) of this section	5087
to reduce the amount of the award sought by the private legal	5088
counsel; state that the award is payable from the state treasury	5089
pursuant to division (E)(2)(a)(iii) of this section; and be	5090
approved by the inclusion of the signatures of the attorney	5091
general, the state public defender, and the private legal counsel.	5092

(iii) The attorney general shall forward a copy of the	5093
document prepared pursuant to division (E)(2)(a)(ii) of this	5094
section to the director of budget and management. The award of	5095
legal fees, court costs, or expenses shall be paid out of the	5096
state public defender's appropriations, to the extent there is a	5097
sufficient available balance in those appropriations. If the state	5098
public defender does not have a sufficient available balance in	5099
the state public defender's appropriations to pay the entire award	5100
of legal fees, court costs, or expenses, the director shall make	5101
application for a transfer of appropriations out of the emergency	5102
purposes account or any other appropriation for emergencies or	5103
contingencies in an amount equal to the portion of the award that	5104
exceeds the sufficient available balance in the state public	5105
defender's appropriations. A transfer of appropriations out of the	5106
emergency purposes account or any other appropriation for	5107
emergencies or contingencies shall be authorized if there are	5108
sufficient moneys greater than the sum total of then pending	5109
emergency purposes account requests, or requests for releases from	5110
the other appropriation. If a transfer of appropriations out of	5111
the emergency purposes account or other appropriation for	5112
emergencies or contingencies is made to pay an amount equal to the	5113
portion of the award that exceeds the sufficient available balance	5114
in the state public defender's appropriations, the director shall	5115
cause the payment to be made to the private legal counsel. If	5116
sufficient moneys do not exist in the emergency purposes account	5117
or other appropriation for emergencies or contingencies to pay an	5118
amount equal to the portion of the award that exceeds the	5119
sufficient available balance in the state public defender's	5120
appropriations, the private legal counsel shall request the	5121
general assembly to make an appropriation sufficient to pay an	5122
amount equal to the portion of the award that exceeds the	5123
sufficient available balance in the state public defender's	5124
appropriations, and no payment in that amount shall be made until	5125
the appropriation has been made. The private legal counsel shall	5126
make the request during the current biennium and during each	5127
succeeding biennium until a sufficient appropriation is made.	5128

(b) An award of legal fees, court costs, and expenses	5129
pursuant to division (E) of this section is subject to the	5130
following limitations:	5131

(i) The maximum award or maximum aggregate of a series of	5132
awards of legal fees, court costs, and expenses to the private	5133
legal counsel in connection with the defense of the Ohio public	5134
defender commission, the state public defender, an assistant state	5135
public defender, an employee, or an attorney in a specified civil	5136
action or proceeding shall not exceed fifty thousand dollars.	5137

(ii) The private legal counsel shall not be awarded legal	5138
fees, court costs, or expenses to the extent the fees, costs, or	5139
expenses are covered by a policy of malpractice or other	5140
insurance.	5141

(iii) The private legal counsel shall be awarded legal fees	5142
and expenses only to the extent that the fees and expenses are	5143
reasonable in light of the legal services rendered by the private	5144
legal counsel in connection with the defense of the Ohio public	5145
defender commission, the state public defender, an assistant state	5146
public defender, an employee, or an attorney in a specified civil	5147
action or proceeding.	5148

(c) If, pursuant to division (E)(2)(a) of this section, the	5149
attorney general denies a request for an award of legal fees,	5150
court costs, or expenses to private legal counsel because of the	5151
application of a limitation specified in division (E)(2)(b) of	5152
this section, the attorney general shall notify the private legal	5153
counsel in writing of the denial and of the limitation applied.	5154

(d) If, pursuant to division (E)(2)(c) of this section, a	5155
private legal counsel receives a denial of an award notification	5156
or if a private legal counsel refuses to approve a document under	5157
division (E)(2)(a)(ii) of this section because of the proposed	5158
application of a limitation specified in division (E)(2)(b) of	5159
this section, the private legal counsel may commence a civil	5160
action against the attorney general in the court of claims to	5161
prove the private legal counsel's entitlement to the award sought,	5162
to prove that division (E)(2)(b) of this section does not prohibit	5163
or otherwise limit the award sought, and to recover a judgment for	5164
the amount of the award sought. A civil action under division	5165
(E)(2)(d) of this section shall be commenced no later than two	5166
years after receipt of a denial of award notification or, if the	5167
private legal counsel refused to approve a document under division	5168
(E)(2)(a)(ii) of this section because of the proposed application	5169
of a limitation specified in division (E)(2)(b) of this section,	5170
no later than two years after the refusal. Any judgment of the	5171
court of claims in favor of the private legal counsel shall be	5172
paid from the state treasury in accordance with division (E)(2)(a)	5173
of this section.	5174

(F) If a court appoints the office of the state public	5175
defender to represent a petitioner in a postconviction relief	5176
proceeding under section 2953.21 of the Revised Code, the	5177
petitioner has received a sentence of death, and the proceeding	5178
relates to that sentence, all of the attorneys who represent the	5179
petitioner in the proceeding pursuant to the appointment, whether	5180
an assistant state public defender, the state public defender, or	5181
another attorney, shall be certified under Rule 20 of the Rules of	5182
Superintendence for the Courts of Ohio to represent indigent	5183
defendants charged with or convicted of an offense for which the	5184
death penalty can be or has been imposed.	5185

(G)(1) The state public defender may conduct a legal	5186
assistance referral service for children committed to the	5187
department of youth services relative to conditions of confinement	5188
claims. If the legal assistance referral service receives a	5189
request for assistance from a child confined in a facility	5190
operated, or contracted for, by the department of youth services	5191
and the state public defender determines that the child has a	5192
conditions of confinement claim that has merit, the state public	5193
defender may refer the child to a private attorney. If no private	5194
attorney who the child has been referred to by the state public	5195
defender accepts the case within a reasonable time, the state	5196
public defender may prepare, as appropriate, pro se pleadings in	5197
the form of a complaint regarding the conditions of confinement at	5198
the facility where the child is confined with a motion for	5199
appointment of counsel and other applicable pleadings necessary	5200
for sufficient pro se representation.	5201

(2) Division (G)(1) of this section does not authorize the	5202
state public defender to represent a child committed to the	5203
department of youth services in general civil matters arising	5204
solely out of state law.	5205

(3) The state public defender shall not undertake the	5206
representation of a child in court based on a conditions of	5207
confinement claim arising under this division.	5208

(H) A child's right to representation or services under this	5209
section is not affected by the child, or another person on behalf	5210
of the child, previously having paid for similar representation or	5211
services or having waived legal representation.	5212

(I) The state public defender shall have reasonable access to	5213
any child committed to the department of youth services,	5214
department of youth services institution, and department of youth	5215
services record as needed to implement this section.	5216

(J) As used in this section:

5217

(1) "Community control sanction" has the same meaning as in	5218
section 2929.01 of the Revised Code.	5219

(2) "Conditions of confinement" means any issue involving a	5220
constitutional right or other civil right related to a child's	5221
incarceration, including, but not limited to, actions cognizable	5222
under 42 U.S.C. 1983.	5223

(3) "Post-release control sanction" has the same meaning as	5224
in section 2967.01 of the Revised Code.	5225

Sec. 121.02. The following administrative departments and	5226
their respective directors are hereby created:	5227

(A) The office of budget and management, which shall be	5228
administered by the director of budget and management;	5229

(B) The department of commerce, which shall be administered	5230
by the director of commerce;	5231

(C) The department of administrative services, which shall be	5232
administered by the director of administrative services;	5233

(D) The department of transportation, which shall be	5234
administered by the director of transportation;	5235

(E) The department of agriculture, which shall be	5236
administered by the director of agriculture;	5237

(F) The department of natural resources, which shall be	5238
administered by the director of natural resources;	5239

(G) The department of health, which shall be administered by	5240
the director of health;	5241

(H) The department of job and family services, which shall be	5242
administered by the director of job and family services;	5243

(I) Until July 1, 1997, the department of liquor control,	5244
which shall be administered by the director of liquor control;	5245

(J) The department of public safety, which shall be	5246
administered by the director of public safety;	5247

(K) The department of ~~mental health~~mental health and	5248
addiction services, which shall be administered by the director of	5249
~~mental health~~mental health and addiction services;	5250

(L) The department of developmental disabilities, which shall	5251
be administered by the director of developmental disabilities;	5252

(M) The department of insurance, which shall be administered	5253
by the superintendent of insurance as director thereof;	5254

(N) The development services agency, which shall be	5255
administered by the director of development services;	5256

(O) The department of youth services, which shall be	5257
administered by the director of youth services;	5258

(P) The department of rehabilitation and correction, which	5259
shall be administered by the director of rehabilitation and	5260
correction;	5261

(Q) The environmental protection agency, which shall be	5262
administered by the director of environmental protection;	5263

(R) The department of aging, which shall be administered by	5264
the director of aging;	5265

(S) ~~The department of alcohol and drug addiction services,~~	5266
~~which shall be administered by the director of~~ ~~alcohol and drug~~	5267
~~addiction services~~;	5268

~~(T)~~ The department of veterans services, which shall be	5269
administered by the director of veterans services;	5270

(T) The department of medicaid, which shall be administered	5271
by the medicaid director.	5272

The director of each department shall exercise the powers and	5273
perform the duties vested by law in such department.	5274

Sec. 121.03. The following administrative department heads	5275
shall be appointed by the governor, with the advice and consent of	5276
the senate, and shall hold their offices during the term of the	5277
appointing governor, and are subject to removal at the pleasure of	5278
the governor.	5279

(A) The director of budget and management;

5280

(B) The director of commerce;

5281

5282

(D) The director of agriculture;

5283

(E) The director of job and family services;

5284

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

5285

(G) The director of public safety;

5286

(H) The superintendent of insurance;

5287

(I) The director of development services;

5288

(J) The tax commissioner;

5289

(K) The director of administrative services;

5290

(L) The director of natural resources;

5291

(M) The director of ~~mental health~~mental health and addiction	5292
services;	5293

(N) The director of developmental disabilities;

5294

(O) The director of health;

5295

(P) The director of youth services;

5296

(Q) The director of rehabilitation and correction;

5297

(R) The director of environmental protection;

5298

(S) The director of aging;

5299

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

5300

~~(U)~~ The administrator of workers' compensation who meets the	5301
qualifications required under division (A) of section 4121.121 of	5302
the Revised Code;	5303

~~(V)~~(U) The director of veterans services who meets the	5304
qualifications required under section 5902.01 of the Revised Code;	5305

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

5306

(W) The medicaid director.

5307

Sec. 121.22. (A) This section shall be liberally construed	5308
to require public officials to take official action and to conduct	5309
all deliberations upon official business only in open meetings	5310
unless the subject matter is specifically excepted by law.	5311

(B) As used in this section:

5312

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

5313

(a) Any board, commission, committee, council, or similar	5314
decision-making body of a state agency, institution, or authority,	5315
and any legislative authority or board, commission, committee,	5316
council, agency, authority, or similar decision-making body of any	5317
county, township, municipal corporation, school district, or other	5318
political subdivision or local public institution;	5319

(b) Any committee or subcommittee of a body described in	5320
division (B)(1)(a) of this section;	5321

(c) A court of jurisdiction of a sanitary district organized	5322
wholly for the purpose of providing a water supply for domestic,	5323
municipal, and public use when meeting for the purpose of the	5324
appointment, removal, or reappointment of a member of the board of	5325
directors of such a district pursuant to section 6115.10 of the	5326
Revised Code, if applicable, or for any other matter related to	5327
such a district other than litigation involving the district. As	5328
used in division (B)(1)(c) of this section, "court of	5329
jurisdiction" has the same meaning as "court" in section 6115.01	5330
of the Revised Code.	5331

(2) "Meeting" means any prearranged discussion of the public	5332
business of the public body by a majority of its members.	5333

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

5334

(a) A student in a state or local public educational	5335
institution;	5336

(b) A person who is, voluntarily or involuntarily, an inmate,	5337
patient, or resident of a state or local institution because of	5338
criminal behavior, mental illness or retardation, disease,	5339
disability, age, or other condition requiring custodial care.	5340

(4) "Public office" has the same meaning as in section	5341
149.011 of the Revised Code.	5342

(C) All meetings of any public body are declared to be public	5343
meetings open to the public at all times. A member of a public	5344
body shall be present in person at a meeting open to the public to	5345
be considered present or to vote at the meeting and for purposes	5346
of determining whether a quorum is present at the meeting.	5347

The minutes of a regular or special meeting of any public	5348
body shall be promptly prepared, filed, and maintained and shall	5349
be open to public inspection. The minutes need only reflect the	5350
general subject matter of discussions in executive sessions	5351
authorized under division (G) or (J) of this section.	5352

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

5353

(1) A grand jury;

5354

(2) An audit conference conducted by the auditor of state or	5355
independent certified public accountants with officials of the	5356
public office that is the subject of the audit;	5357

(3) The adult parole authority when its hearings are	5358
conducted at a correctional institution for the sole purpose of	5359
interviewing inmates to determine parole or pardon;	5360

(4) The organized crime investigations commission established	5361
under section 177.01 of the Revised Code;	5362

(5) Meetings of a child fatality review board established	5363
under section 307.621 of the Revised Code and meetings conducted	5364
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	5365

(6) The state medical board when determining whether to	5366
suspend a certificate without a prior hearing pursuant to division	5367
(G) of either section 4730.25 or 4731.22 of the Revised Code;	5368

(7) The board of nursing when determining whether to suspend	5369
a license or certificate without a prior hearing pursuant to	5370
division (B) of section 4723.281 of the Revised Code;	5371

(8) The state board of pharmacy when determining whether to	5372
suspend a license without a prior hearing pursuant to division (D)	5373
of section 4729.16 of the Revised Code;	5374

(9) The state chiropractic board when determining whether to	5375
suspend a license without a hearing pursuant to section 4734.37 of	5376
the Revised Code;	5377

(10) The executive committee of the emergency response	5378
commission when determining whether to issue an enforcement order	5379
or request that a civil action, civil penalty action, or criminal	5380
action be brought to enforce Chapter 3750. of the Revised Code;	5381

(11) The board of directors of the nonprofit corporation	5382
formed under section 187.01 of the Revised Code or any committee	5383
thereof, and the board of directors of any subsidiary of that	5384
corporation or a committee thereof;	5385

(12) An audit conference conducted by the audit staff of the	5386
department of job and family services with officials of the public	5387
office that is the subject of that audit under section 5101.37 of	5388
the Revised Code;	5389

(13) The occupational therapy section of the occupational	5390
therapy, physical therapy, and athletic trainers board when	5391
determining whether to suspend a license or limited permit without	5392
a hearing pursuant to division (D) of section 4755.11 of the	5393
Revised Code;	5394

(14) The physical therapy section of the occupational	5395
therapy, physical therapy, and athletic trainers board when	5396
determining whether to suspend a license without a hearing	5397
pursuant to division (E) of section 4755.47 of the Revised Code;	5398

(15) The athletic trainers section of the occupational	5399
therapy, physical therapy, and athletic trainers board when	5400
determining whether to suspend a license without a hearing	5401
pursuant to division (D) of section 4755.64 of the Revised Code.	5402

(E) The controlling board, ~~the industrial technology and~~	5403
~~enterprise advisory council,~~ the tax credit authority, or the	5404
minority development financing advisory board, when meeting to	5405
consider granting assistance pursuant to Chapter 122. or 166. of	5406
the Revised Code, in order to protect the interest of the	5407
applicant or the possible investment of public funds, by unanimous	5408
vote of all board~~, council,~~ or authority members present, may	5409
close the meeting during consideration of the following	5410
information confidentially received by the authority~~, council,~~ or	5411
board from the applicant:	5412

(1) Marketing plans;

5413

(2) Specific business strategy;

5414

(3) Production techniques and trade secrets;

5415

(4) Financial projections;

5416

(5) Personal financial statements of the applicant or members	5417
of the applicant's immediate family, including, but not limited	5418
to, tax records or other similar information not open to public	5419
inspection.	5420

The vote by the authority~~, council,~~ or board to accept or	5421
reject the application, as well as all proceedings of the	5422
authority~~, council,~~ or board not subject to this division, shall	5423
be open to the public and governed by this section.	5424

(F) Every public body, by rule, shall establish a reasonable	5425
method whereby any person may determine the time and place of all	5426
regularly scheduled meetings and the time, place, and purpose of	5427
all special meetings. A public body shall not hold a special	5428
meeting unless it gives at least twenty-four hours' advance notice	5429
to the news media that have requested notification, except in the	5430
event of an emergency requiring immediate official action. In the	5431
event of an emergency, the member or members calling the meeting	5432
shall notify the news media that have requested notification	5433
immediately of the time, place, and purpose of the meeting.	5434

The rule shall provide that any person, upon request and	5435
payment of a reasonable fee, may obtain reasonable advance	5436
notification of all meetings at which any specific type of public	5437
business is to be discussed. Provisions for advance notification	5438
may include, but are not limited to, mailing the agenda of	5439
meetings to all subscribers on a mailing list or mailing notices	5440
in self-addressed, stamped envelopes provided by the person.	5441

(G) Except as provided in division (J) of this section, the	5442
members of a public body may hold an executive session only after	5443
a majority of a quorum of the public body determines, by a roll	5444
call vote, to hold an executive session and only at a regular or	5445
special meeting for the sole purpose of the consideration of any	5446
of the following matters:	5447

(1) To consider the appointment, employment, dismissal,	5448
discipline, promotion, demotion, or compensation of a public	5449
employee or official, or the investigation of charges or	5450
complaints against a public employee, official, licensee, or	5451
regulated individual, unless the public employee, official,	5452
licensee, or regulated individual requests a public hearing.	5453
Except as otherwise provided by law, no public body shall hold an	5454
executive session for the discipline of an elected official for	5455
conduct related to the performance of the elected official's	5456
official duties or for the elected official's removal from office.	5457
If a public body holds an executive session pursuant to division	5458
(G)(1) of this section, the motion and vote to hold that executive	5459
session shall state which one or more of the approved purposes	5460
listed in division (G)(1) of this section are the purposes for	5461
which the executive session is to be held, but need not include	5462
the name of any person to be considered at the meeting.	5463

(2) To consider the purchase of property for public purposes,	5464
or for the sale of property at competitive bidding, if premature	5465
disclosure of information would give an unfair competitive or	5466
bargaining advantage to a person whose personal, private interest	5467
is adverse to the general public interest. No member of a public	5468
body shall use division (G)(2) of this section as a subterfuge for	5469
providing covert information to prospective buyers or sellers. A	5470
purchase or sale of public property is void if the seller or buyer	5471
of the public property has received covert information from a	5472
member of a public body that has not been disclosed to the general	5473
public in sufficient time for other prospective buyers and sellers	5474
to prepare and submit offers.	5475

If the minutes of the public body show that all meetings and	5476
deliberations of the public body have been conducted in compliance	5477
with this section, any instrument executed by the public body	5478
purporting to convey, lease, or otherwise dispose of any right,	5479
title, or interest in any public property shall be conclusively	5480
presumed to have been executed in compliance with this section	5481
insofar as title or other interest of any bona fide purchasers,	5482
lessees, or transferees of the property is concerned.	5483

(3) Conferences with an attorney for the public body	5484
concerning disputes involving the public body that are the subject	5485
of pending or imminent court action;	5486

(4) Preparing for, conducting, or reviewing negotiations or	5487
bargaining sessions with public employees concerning their	5488
compensation or other terms and conditions of their employment;	5489

(5) Matters required to be kept confidential by federal law	5490
or regulations or state statutes;	5491

(6) Details relative to the security arrangements and	5492
emergency response protocols for a public body or a public office,	5493
if disclosure of the matters discussed could reasonably be	5494
expected to jeopardize the security of the public body or public	5495
office;	5496

(7) In the case of a county hospital operated pursuant to	5497
Chapter 339. of the Revised Code, a joint township hospital	5498
operated pursuant to Chapter 513. of the Revised Code, or a	5499
municipal hospital operated pursuant to Chapter 749. of the	5500
Revised Code, to consider trade secrets, as defined in section	5501
1333.61 of the Revised Code;	5502

(8) Details and terms relative to any application for an	5503
economic development project, if the economic development	5504
assistance is to be provided or administered under any provision	5505
of Chapter 715., 725., or 1728., sections 701.07, 3735.67 to	5506
3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to	5507
5709.75, or 5709.77 to 5709.81 of the Revised Code, or any other	5508
provision of law pursuant to which a political subdivision may	5509
provide economic development assistance.	5510

If a public body holds an executive session to consider any	5511
of the matters listed in divisions (G)(2) to ~~(7)~~(8) of this	5512
section, the motion and vote to hold that executive session shall	5513
state which one or more of the approved matters listed in those	5514
divisions are to be considered at the executive session.	5515

A public body specified in division (B)(1)(c) of this section	5516
shall not hold an executive session when meeting for the purposes	5517
specified in that division.	5518

(H) A resolution, rule, or formal action of any kind is	5519
invalid unless adopted in an open meeting of the public body. A	5520
resolution, rule, or formal action adopted in an open meeting that	5521
results from deliberations in a meeting not open to the public is	5522
invalid unless the deliberations were for a purpose specifically	5523
authorized in division (G) or (J) of this section and conducted at	5524
an executive session held in compliance with this section. A	5525
resolution, rule, or formal action adopted in an open meeting is	5526
invalid if the public body that adopted the resolution, rule, or	5527
formal action violated division (F) of this section.	5528

(I)(1) Any person may bring an action to enforce this	5529
section. An action under division (I)(1) of this section shall be	5530
brought within two years after the date of the alleged violation	5531
or threatened violation. Upon proof of a violation or threatened	5532
violation of this section in an action brought by any person, the	5533
court of common pleas shall issue an injunction to compel the	5534
members of the public body to comply with its provisions.	5535

(2)(a) If the court of common pleas issues an injunction	5536
pursuant to division (I)(1) of this section, the court shall order	5537
the public body that it enjoins to pay a civil forfeiture of five	5538
hundred dollars to the party that sought the injunction and shall	5539
award to that party all court costs and, subject to reduction as	5540
described in division (I)(2) of this section, reasonable	5541
attorney's fees. The court, in its discretion, may reduce an award	5542
of attorney's fees to the party that sought the injunction or not	5543
award attorney's fees to that party if the court determines both	5544
of the following:	5545

(i) That, based on the ordinary application of statutory law	5546
and case law as it existed at the time of violation or threatened	5547
violation that was the basis of the injunction, a well-informed	5548
public body reasonably would believe that the public body was not	5549
violating or threatening to violate this section;	5550

(ii) That a well-informed public body reasonably would	5551
believe that the conduct or threatened conduct that was the basis	5552
of the injunction would serve the public policy that underlies the	5553
authority that is asserted as permitting that conduct or	5554
threatened conduct.	5555

(b) If the court of common pleas does not issue an injunction	5556
pursuant to division (I)(1) of this section and the court	5557
determines at that time that the bringing of the action was	5558
frivolous conduct, as defined in division (A) of section 2323.51	5559
of the Revised Code, the court shall award to the public body all	5560
court costs and reasonable attorney's fees, as determined by the	5561
court.	5562

(3) Irreparable harm and prejudice to the party that sought	5563
the injunction shall be conclusively and irrebuttably presumed	5564
upon proof of a violation or threatened violation of this section.	5565

(4) A member of a public body who knowingly violates an	5566
injunction issued pursuant to division (I)(1) of this section may	5567
be removed from office by an action brought in the court of common	5568
pleas for that purpose by the prosecuting attorney or the attorney	5569
general.	5570

(J)(1) Pursuant to division (C) of section 5901.09 of the	5571
Revised Code, a veterans service commission shall hold an	5572
executive session for one or more of the following purposes unless	5573
an applicant requests a public hearing:	5574

(a) Interviewing an applicant for financial assistance under	5575
sections 5901.01 to 5901.15 of the Revised Code;	5576

(b) Discussing applications, statements, and other documents	5577
described in division (B) of section 5901.09 of the Revised Code;	5578

(c) Reviewing matters relating to an applicant's request for	5579
financial assistance under sections 5901.01 to 5901.15 of the	5580
Revised Code.	5581

(2) A veterans service commission shall not exclude an	5582
applicant for, recipient of, or former recipient of financial	5583
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5584
and shall not exclude representatives selected by the applicant,	5585
recipient, or former recipient, from a meeting that the commission	5586
conducts as an executive session that pertains to the applicant's,	5587
recipient's, or former recipient's application for financial	5588
assistance.	5589

(3) A veterans service commission shall vote on the grant or	5590
denial of financial assistance under sections 5901.01 to 5901.15	5591
of the Revised Code only in an open meeting of the commission. The	5592
minutes of the meeting shall indicate the name, address, and	5593
occupation of the applicant, whether the assistance was granted or	5594
denied, the amount of the assistance if assistance is granted, and	5595
the votes for and against the granting of assistance.	5596

Sec. 121.35. (A) Subject to division (B) of this section,	5597
the following state agencies shall collaborate to revise and make	5598
more uniform the eligibility standards and eligibility	5599
determination procedures of programs the state agencies	5600
administer:	5601

(1) The department of aging;

5602

(2) ~~The department of alcohol and drug addiction services;~~

5603

~~(3)~~ The ~~department of~~ development services agency;

5604

~~(4)~~(3) The department of developmental disabilities;

5605

~~(5)~~(4) The department of education;

5606

~~(6)~~(5) The department of health;

5607

~~(7)~~(6) The department of job and family services;

5608

~~(8)~~(7) The department of medicaid;

5609

(8) The department of ~~mental health~~mental health and	5610
addiction services;	5611

(9) The ~~rehabilitation services commission~~opportunities for	5612
Ohioans with disabilities agency.	5613

(B) In revising eligibility standards and eligibility	5614
determination procedures, a state agency shall not make any	5615
program's eligibility standards or eligibility determination	5616
procedures inconsistent with state or federal law. To the extent	5617
authorized by state and federal law, the revisions may provide for	5618
the state agencies to share administrative operations.	5619

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5620
and children first cabinet council. The council shall be composed	5621
of the superintendent of public instruction, the ~~administrator~~	5622
executive director of the ~~rehabilitation services commission~~	5623
opportunities for Ohioans with disabilities agency, the medicaid	5624
director, and the directors of youth services, job and family	5625
services, ~~mental health~~mental health and addiction services,	5626
health, ~~alcohol and drug addiction services,~~ developmental	5627
disabilities, aging, rehabilitation and correction, and budget and	5628
management. The chairperson of the council shall be the governor	5629
or the governor's designee and shall establish procedures for the	5630
council's internal control and management.	5631

The purpose of the cabinet council is to help families	5632
seeking government services. This section shall not be interpreted	5633
or applied to usurp the role of parents, but solely to streamline	5634
and coordinate existing government services for families seeking	5635
assistance for their children.	5636

(2) In seeking to fulfill its purpose, the council may do any	5637
of the following:	5638

(a) Advise and make recommendations to the governor and	5639
general assembly regarding the provision of services to children;	5640

(b) Advise and assess local governments on the coordination	5641
of service delivery to children;	5642

(c) Hold meetings at such times and places as may be	5643
prescribed by the council's procedures and maintain records of the	5644
meetings, except that records identifying individual children are	5645
confidential and shall be disclosed only as provided by law;	5646

(d) Develop programs and projects, including pilot projects,	5647
to encourage coordinated efforts at the state and local level to	5648
improve the state's social service delivery system;	5649

(e) Enter into contracts with and administer grants to county	5650
family and children first councils, as well as other county or	5651
multicounty organizations to plan and coordinate service delivery	5652
between state agencies and local service providers for families	5653
and children;	5654

(f) Enter into contracts with and apply for grants from	5655
federal agencies or private organizations;	5656

(g) Enter into interagency agreements to encourage	5657
coordinated efforts at the state and local level to improve the	5658
state's social service delivery system. The agreements may include	5659
provisions regarding the receipt, transfer, and expenditure of	5660
funds;	5661

(h) Identify public and private funding sources for services	5662
provided to alleged or adjudicated unruly children and children	5663
who are at risk of being alleged or adjudicated unruly children,	5664
including regulations governing access to and use of the services;	5665

(i) Collect information provided by local communities	5666
regarding successful programs for prevention, intervention, and	5667
treatment of unruly behavior, including evaluations of the	5668
programs;	5669

(j) Identify and disseminate publications regarding alleged	5670
or adjudicated unruly children and children who are at risk of	5671
being alleged or adjudicated unruly children and regarding	5672
programs serving those types of children;	5673

(k) Maintain an inventory of strategic planning facilitators	5674
for use by government or nonprofit entities that serve alleged or	5675
adjudicated unruly children or children who are at risk of being	5676
alleged or adjudicated unruly children.	5677

(3) The cabinet council shall provide for the following:

5678

(a) Reviews of service and treatment plans for children for	5679
which such reviews are requested;	5680

(b) Assistance as the council determines to be necessary to	5681
meet the needs of children referred by county family and children	5682
first councils;	5683

(c) Monitoring and supervision of a statewide, comprehensive,	5684
coordinated, multi-disciplinary, interagency system for infants	5685
and toddlers with developmental disabilities or delays and their	5686
families, as established pursuant to federal grants received and	5687
administered by the department of health for early intervention	5688
services under the "Individuals with Disabilities Education Act of	5689
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5690

(4) The cabinet council shall develop and implement the	5691
following:	5692

(a) An interagency process to select the indicators that will	5693
be used to measure progress toward increasing child well-being in	5694
the state and to update the indicators on an annual basis. The	5695
indicators shall focus on expectant parents and newborns thriving;	5696
infants and toddlers thriving; children being ready for school;	5697
children and youth succeeding in school; youth choosing healthy	5698
behaviors; and youth successfully transitioning into adulthood.	5699

(b) An interagency system to offer guidance and monitor	5700
progress toward increasing child well-being in the state and in	5701
each county;	5702

(c) An annual plan that identifies state-level agency efforts	5703
taken to ensure progress towards increasing child well-being in	5704
the state.	5705

On an annual basis, the cabinet council shall submit to the	5706
governor and the general assembly a report on the status of	5707
efforts to increase child well-being in the state. This report	5708
shall be made available to any other person on request.	5709

(B)(1) Each board of county commissioners shall establish a	5710
county family and children first council. The board may invite any	5711
local public or private agency or group that funds, advocates, or	5712
provides services to children and families to have a	5713
representative become a permanent or temporary member of its	5714
county council. Each county council must include the following	5715
individuals:	5716

(a) At least three individuals who are not employed by an	5717
agency represented on the council and whose families are or have	5718
received services from an agency represented on the council or	5719
another county's council. Where possible, the number of members	5720
representing families shall be equal to twenty per cent of the	5721
council's membership.	5722

(b) The director of the board of alcohol, drug addiction, and	5723
mental health services that serves the county, or, in the case of	5724
a county that has a board of alcohol and drug addiction services	5725
and a community mental health board, the directors of both boards.	5726
If a board of alcohol, drug addiction, and mental health services	5727
covers more than one county, the director may designate a person	5728
to participate on the county's council.	5729

(c) The health commissioner, or the commissioner's designee,	5730
of the board of health of each city and general health district in	5731
the county. If the county has two or more health districts, the	5732
health commissioner membership may be limited to the commissioners	5733
of the two districts with the largest populations.	5734

(d) The director of the county department of job and family	5735
services;	5736

(e) The executive director of the public children services	5737
agency;	5738

(f) The superintendent of the county board of developmental	5739
disabilities or, if the superintendent serves as superintendent of	5740
more than one county board of developmental disabilities, the	5741
superintendent's designee;	5742

(g) The superintendent of the city, exempted village, or	5743
local school district with the largest number of pupils residing	5744
in the county, as determined by the department of education, which	5745
shall notify each board of county commissioners of its	5746
determination at least biennially;	5747

(h) A school superintendent representing all other school	5748
districts with territory in the county, as designated at a	5749
biennial meeting of the superintendents of those districts;	5750

(i) A representative of the municipal corporation with the	5751
largest population in the county;	5752

(j) The president of the board of county commissioners or an	5753
individual designated by the board;	5754

(k) A representative of the regional office of the department	5755
of youth services;	5756

(l) A representative of the county's head start agencies, as	5757
defined in section 3301.32 of the Revised Code;	5758

(m) A representative of the county's early intervention	5759
collaborative established pursuant to the federal early	5760
intervention program operated under the "Individuals with	5761
Disabilities Education Act of 2004";	5762

(n) A representative of a local nonprofit entity that funds,	5763
advocates, or provides services to children and families.	5764

Notwithstanding any other provision of law, the public	5765
members of a county council are not prohibited from serving on the	5766
council and making decisions regarding the duties of the council,	5767
including those involving the funding of joint projects and those	5768
outlined in the county's service coordination mechanism	5769
implemented pursuant to division (C) of this section.	5770

The cabinet council shall establish a state appeals process	5771
to resolve disputes among the members of a county council	5772
concerning whether reasonable responsibilities as members are	5773
being shared. The appeals process may be accessed only by a	5774
majority vote of the council members who are required to serve on	5775
the council. Upon appeal, the cabinet council may order that state	5776
funds for services to children and families be redirected to a	5777
county's board of county commissioners.	5778

The county's juvenile court judge senior in service or	5779
another judge of the juvenile court designated by the	5780
administrative judge or, where there is no administrative judge,	5781
by the judge senior in service shall serve as the judicial advisor	5782
to the county family and children first council. The judge may	5783
advise the county council on the court's utilization of resources,	5784
services, or programs provided by the entities represented by the	5785
members of the county council and how those resources, services,	5786
or programs assist the court in its administration of justice.	5787
Service of a judge as a judicial advisor pursuant to this section	5788
is a judicial function.	5789

(2) The purpose of the county council is to streamline and	5790
coordinate existing government services for families seeking	5791
services for their children. In seeking to fulfill its purpose, a	5792
county council shall provide for the following:	5793

(a) Referrals to the cabinet council of those children for	5794
whom the county council cannot provide adequate services;	5795

(b) Development and implementation of a process that annually	5796
evaluates and prioritizes services, fills service gaps where	5797
possible, and invents new approaches to achieve better results for	5798
families and children;	5799

(c) Participation in the development of a countywide,	5800
comprehensive, coordinated, multi-disciplinary, interagency system	5801
for infants and toddlers with developmental disabilities or delays	5802
and their families, as established pursuant to federal grants	5803
received and administered by the department of health for early	5804
intervention services under the "Individuals with Disabilities	5805
Education Act of 2004";	5806

(d) Maintenance of an accountability system to monitor the	5807
county council's progress in achieving results for families and	5808
children;	5809

(e) Establishment of a mechanism to ensure ongoing input from	5810
a broad representation of families who are receiving services	5811
within the county system.	5812

(3) A county council shall develop and implement the	5813
following:	5814

(a) An interagency process to establish local indicators and	5815
monitor the county's progress toward increasing child well-being	5816
in the county;	5817

(b) An interagency process to identify local priorities to	5818
increase child well-being. The local priorities shall focus on	5819
expectant parents and newborns thriving; infants and toddlers	5820
thriving; children being ready for school; children and youth	5821
succeeding in school; youth choosing healthy behaviors; and youth	5822
successfully transitioning into adulthood and take into account	5823
the indicators established by the cabinet council under division	5824
(A)(4)(a) of this section.	5825

(c) An annual plan that identifies the county's interagency	5826
efforts to increase child well-being in the county.	5827

On an annual basis, the county council shall submit a report	5828
on the status of efforts by the county to increase child	5829
well-being in the county to the county's board of county	5830
commissioners and the cabinet council. This report shall be made	5831
available to any other person on request.	5832

(4)(a) Except as provided in division (B)(4)(b) of this	5833
section, a county council shall comply with the policies,	5834
procedures, and activities prescribed by the rules or interagency	5835
agreements of a state department participating on the cabinet	5836
council whenever the county council performs a function subject to	5837
those rules or agreements.	5838

(b) On application of a county council, the cabinet council	5839
may grant an exemption from any rules or interagency agreements of	5840
a state department participating on the council if an exemption is	5841
necessary for the council to implement an alternative program or	5842
approach for service delivery to families and children. The	5843
application shall describe the proposed program or approach and	5844
specify the rules or interagency agreements from which an	5845
exemption is necessary. The cabinet council shall approve or	5846
disapprove the application in accordance with standards and	5847
procedures it shall adopt. If an application is approved, the	5848
exemption is effective only while the program or approach is being	5849
implemented, including a reasonable period during which the	5850
program or approach is being evaluated for effectiveness.	5851

(5)(a) Each county council shall designate an administrative	5852
agent for the council from among the following public entities:	5853
the board of alcohol, drug addiction, and mental health services,	5854
including a board of alcohol and drug addiction or a community	5855
mental health board if the county is served by separate boards;	5856
the board of county commissioners; any board of health of the	5857
county's city and general health districts; the county department	5858
of job and family services; the county agency responsible for the	5859
administration of children services pursuant to section 5153.15 of	5860
the Revised Code; the county board of developmental disabilities;	5861
any of the county's boards of education or governing boards of	5862
educational service centers; or the county's juvenile court. Any	5863
of the foregoing public entities, other than the board of county	5864
commissioners, may decline to serve as the council's	5865
administrative agent.	5866

A county council's administrative agent shall serve as the	5867
council's appointing authority for any employees of the council.	5868
The council shall file an annual budget with its administrative	5869
agent, with copies filed with the county auditor and with the	5870
board of county commissioners, unless the board is serving as the	5871
council's administrative agent. The council's administrative agent	5872
shall ensure that all expenditures are handled in accordance with	5873
policies, procedures, and activities prescribed by state	5874
departments in rules or interagency agreements that are applicable	5875
to the council's functions.	5876

The administrative agent of a county council shall send	5877
notice of a member's absence if a member listed in division (B)(1)	5878
of this section has been absent from either three consecutive	5879
meetings of the county council or a county council subcommittee,	5880
or from one-quarter of such meetings in a calendar year, whichever	5881
is less. The notice shall be sent to the board of county	5882
commissioners that establishes the county council and, for the	5883
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5884
section, to the governing board overseeing the respective entity;	5885
for the member listed in division (B)(1)(f) of this section, to	5886
the county board of developmental disabilities that employs the	5887
superintendent; for a member listed in division (B)(1)(g) or (h)	5888
of this section, to the school board that employs the	5889
superintendent; for the member listed in division (B)(1)(i) of	5890
this section, to the mayor of the municipal corporation; for the	5891
member listed in division (B)(1)(k) of this section, to the	5892
director of youth services; and for the member listed in division	5893
(B)(1)(n) of this section, to that member's board of trustees.	5894

The administrative agent for a county council may do any of	5895
the following on behalf of the council:	5896

(i) Enter into agreements or administer contracts with public	5897
or private entities to fulfill specific council business. Such	5898
agreements and contracts are exempt from the competitive bidding	5899
requirements of section 307.86 of the Revised Code if they have	5900
been approved by the county council and they are for the purchase	5901
of family and child welfare or child protection services or other	5902
social or job and family services for families and children. The	5903
approval of the county council is not required to exempt	5904
agreements or contracts entered into under section 5139.34,	5905
5139.41, or 5139.43 of the Revised Code from the competitive	5906
bidding requirements of section 307.86 of the Revised Code.	5907

(ii) As determined by the council, provide financial	5908
stipends, reimbursements, or both, to family representatives for	5909
expenses related to council activity;	5910

(iii) Receive by gift, grant, devise, or bequest any moneys,	5911
lands, or other property for the purposes for which the council is	5912
established. The agent shall hold, apply, and dispose of the	5913
moneys, lands, or other property according to the terms of the	5914
gift, grant, devise, or bequest. Any interest or earnings shall be	5915
treated in the same manner and are subject to the same terms as	5916
the gift, grant, devise, or bequest from which it accrues.	5917

(b)(i) If the county council designates the board of county	5918
commissioners as its administrative agent, the board may, by	5919
resolution, delegate any of its powers and duties as	5920
administrative agent to an executive committee the board	5921
establishes from the membership of the county council. The board	5922
shall name to the executive committee at least the individuals	5923
described in divisions (B)(1)(b) to (h) of this section and may	5924
appoint the president of the board or another individual as the	5925
chair of the executive committee. The executive committee must	5926
include at least one family county council representative who does	5927
not have a family member employed by an agency represented on the	5928
council.	5929

(ii) The executive committee may, with the approval of the	5930
board, hire an executive director to assist the county council in	5931
administering its powers and duties. The executive director shall	5932
serve in the unclassified civil service at the pleasure of the	5933
executive committee. The executive director may, with the approval	5934
of the executive committee, hire other employees as necessary to	5935
properly conduct the county council's business.	5936

(iii) The board may require the executive committee to submit	5937
an annual budget to the board for approval and may amend or repeal	5938
the resolution that delegated to the executive committee its	5939
authority as the county council's administrative agent.	5940

(6) Two or more county councils may enter into an agreement	5941
to administer their county councils jointly by creating a regional	5942
family and children first council. A regional council possesses	5943
the same duties and authority possessed by a county council,	5944
except that the duties and authority apply regionally rather than	5945
to individual counties. Prior to entering into an agreement to	5946
create a regional council, the members of each county council to	5947
be part of the regional council shall meet to determine whether	5948
all or part of the members of each county council will serve as	5949
members of the regional council.	5950

(7) A board of county commissioners may approve a resolution	5951
by a majority vote of the board's members that requires the county	5952
council to submit a statement to the board each time the council	5953
proposes to enter into an agreement, adopt a plan, or make a	5954
decision, other than a decision pursuant to section 121.38 of the	5955
Revised Code, that requires the expenditure of funds for two or	5956
more families. The statement shall describe the proposed	5957
agreement, plan, or decision.	5958

Not later than fifteen days after the board receives the	5959
statement, it shall, by resolution approved by a majority of its	5960
members, approve or disapprove the agreement, plan, or decision.	5961
Failure of the board to pass a resolution during that time period	5962
shall be considered approval of the agreement, plan, or decision.	5963

An agreement, plan, or decision for which a statement is	5964
required to be submitted to the board shall be implemented only if	5965
it is approved by the board.	5966

(C) Each county shall develop a county service coordination	5967
mechanism. The county service coordination mechanism shall serve	5968
as the guiding document for coordination of services in the	5969
county. For children who also receive services under the help me	5970
grow program, the service coordination mechanism shall be	5971
consistent with rules adopted by the department of health under	5972
section 3701.61 of the Revised Code. All family service	5973
coordination plans shall be developed in accordance with the	5974
county service coordination mechanism. The mechanism shall be	5975
developed and approved with the participation of the county	5976
entities representing child welfare; mental retardation and	5977
developmental disabilities; alcohol, drug addiction, and mental	5978
health services; health; juvenile judges; education; the county	5979
family and children first council; and the county early	5980
intervention collaborative established pursuant to the federal	5981
early intervention program operated under the "Individuals with	5982
Disabilities Education Act of 2004." The county shall establish an	5983
implementation schedule for the mechanism. The cabinet council may	5984
monitor the implementation and administration of each county's	5985
service coordination mechanism.	5986

Each mechanism shall include all of the following:

5987

(1) A procedure for an agency, including a juvenile court, or	5988
a family voluntarily seeking service coordination, to refer the	5989
child and family to the county council for service coordination in	5990
accordance with the mechanism;	5991

(2) A procedure ensuring that a family and all appropriate	5992
staff from involved agencies, including a representative from the	5993
appropriate school district, are notified of and invited to	5994
participate in all family service coordination plan meetings;	5995

(3) A procedure that permits a family to initiate a meeting	5996
to develop or review the family's service coordination plan and	5997
allows the family to invite a family advocate, mentor, or support	5998
person of the family's choice to participate in any such meeting;	5999

(4) A procedure for ensuring that a family service	6000
coordination plan meeting is conducted for each child who receives	6001
service coordination under the mechanism and for whom an emergency	6002
out-of-home placement has been made or for whom a nonemergency	6003
out-of-home placement is being considered. The meeting shall be	6004
conducted within ten days of an emergency out-of-home placement.	6005
The meeting shall be conducted before a nonemergency out-of-home	6006
placement. The family service coordination plan shall outline how	6007
the county council members will jointly pay for services, where	6008
applicable, and provide services in the least restrictive	6009
environment.	6010

(5) A procedure for monitoring the progress and tracking the	6011
outcomes of each service coordination plan requested in the county	6012
including monitoring and tracking children in out-of-home	6013
placements to assure continued progress, appropriateness of	6014
placement, and continuity of care after discharge from placement	6015
with appropriate arrangements for housing, treatment, and	6016
education.;	6017

(6) A procedure for protecting the confidentiality of all	6018
personal family information disclosed during service coordination	6019
meetings or contained in the comprehensive family service	6020
coordination plan.;	6021

(7) A procedure for assessing the needs and strengths of any	6022
child or family that has been referred to the council for service	6023
coordination, including a child whose parent or custodian is	6024
voluntarily seeking services, and for ensuring that parents and	6025
custodians are afforded the opportunity to participate;	6026

(8) A procedure for development of a family service	6027
coordination plan described in division (D) of this section;	6028

(9) A local dispute resolution process to serve as the	6029
process that must be used first to resolve disputes among the	6030
agencies represented on the county council concerning the	6031
provision of services to children, including children who are	6032
abused, neglected, dependent, unruly, alleged unruly, or	6033
delinquent children and under the jurisdiction of the juvenile	6034
court and children whose parents or custodians are voluntarily	6035
seeking services. The local dispute resolution process shall	6036
comply with sections 121.38, 121.381, and 121.382 of the Revised	6037
Code. The local dispute resolution process shall be used to	6038
resolve disputes between a child's parents or custodians and the	6039
county council regarding service coordination. The county council	6040
shall inform the parents or custodians of their right to use the	6041
dispute resolution process. Parents or custodians shall use	6042
existing local agency grievance procedures to address disputes not	6043
involving service coordination. The dispute resolution process is	6044
in addition to and does not replace other rights or procedures	6045
that parents or custodians may have under other sections of the	6046
Revised Code.	6047

The cabinet council shall adopt rules in accordance with	6048
Chapter 119. of the Revised Code establishing an administrative	6049
review process to address problems that arise concerning the	6050
operation of a local dispute resolution process.	6051

Nothing in division (C)(4) of this section shall be	6052
interpreted as overriding or affecting decisions of a juvenile	6053
court regarding an out-of-home placement, long-term placement, or	6054
emergency out-of-home placement.	6055

(D) Each county shall develop a family service coordination	6056
plan that does all of the following:	6057

(1) Designates service responsibilities among the various	6058
state and local agencies that provide services to children and	6059
their families, including children who are abused, neglected,	6060
dependent, unruly, or delinquent children and under the	6061
jurisdiction of the juvenile court and children whose parents or	6062
custodians are voluntarily seeking services;	6063

(2) Designates an individual, approved by the family, to	6064
track the progress of the family service coordination plan,	6065
schedule reviews as necessary, and facilitate the family service	6066
coordination plan meeting process;	6067

(3) Ensures that assistance and services to be provided are	6068
responsive to the strengths and needs of the family, as well as	6069
the family's culture, race, and ethnic group, by allowing the	6070
family to offer information and suggestions and participate in	6071
decisions. Identified assistance and services shall be provided in	6072
the least restrictive environment possible.	6073

(4) Includes a process for dealing with a child who is	6074
alleged to be an unruly child. The process shall include methods	6075
to divert the child from the juvenile court system;	6076

(5) Includes timelines for completion of goals specified in	6077
the plan with regular reviews scheduled to monitor progress toward	6078
those goals;	6079

(6) Includes a plan for dealing with short-term crisis	6080
situations and safety concerns.	6081

(E)(1) The process provided for under division (D)(4) of this	6082
section may include, but is not limited to, the following:	6083

(a) Designation of the person or agency to conduct the	6084
assessment of the child and the child's family as described in	6085
division (C)(7) of this section and designation of the instrument	6086
or instruments to be used to conduct the assessment;	6087

(b) An emphasis on the personal responsibilities of the child	6088
and the parental responsibilities of the parents, guardian, or	6089
custodian of the child;	6090

(c) Involvement of local law enforcement agencies and	6091
officials.	6092

(2) The method to divert a child from the juvenile court	6093
system that must be included in the service coordination process	6094
may include, but is not limited to, the following:	6095

(a) The preparation of a complaint under section 2151.27 of	6096
the Revised Code alleging that the child is an unruly child and	6097
notifying the child and the parents, guardian, or custodian that	6098
the complaint has been prepared to encourage the child and the	6099
parents, guardian, or custodian to comply with other methods to	6100
divert the child from the juvenile court system;	6101

(b) Conducting a meeting with the child, the parents,	6102
guardian, or custodian, and other interested parties to determine	6103
the appropriate methods to divert the child from the juvenile	6104
court system;	6105

(c) A method to provide to the child and the child's family a	6106
short-term respite from a short-term crisis situation involving a	6107
confrontation between the child and the parents, guardian, or	6108
custodian;	6109

(d) A program to provide a mentor to the child or the	6110
parents, guardian, or custodian;	6111

(e) A program to provide parenting education to the parents,	6112
guardian, or custodian;	6113

(f) An alternative school program for children who are truant	6114
from school, repeatedly disruptive in school, or suspended or	6115
expelled from school;	6116

(g) Other appropriate measures, including, but not limited	6117
to, any alternative methods to divert a child from the juvenile	6118
court system that are identified by the Ohio family and children	6119
first cabinet council.	6120

(F) Each county may review and revise the service	6121
coordination process described in division (D) of this section	6122
based on the availability of funds under Title IV-A of the "Social	6123
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	6124
or to the extent resources are available from any other federal,	6125
state, or local funds.	6126

Sec. 121.372. (A) As used in this section, "substitute care	6127
provider" means any of the following:	6128

(1) ~~An alcohol and drug~~A community addiction ~~program~~	6129
services provider subject to certification under section ~~3793.06~~	6130
5119.36 of the Revised Code;	6131

(2) An institution or association subject to certification	6132
under section 5103.03 of the Revised Code;	6133

(3) A residential facility subject to licensure under section	6134
~~5119.22~~5119.34 of the Revised Code;	6135

(4) A residential facility subject to licensure under section	6136
5123.19 of the Revised Code.	6137

(B) Not later than ninety days after ~~the effective date of~~	6138
~~this section~~March 18, 1999, the members of the Ohio family and	6139
children first cabinet council, other than the director of budget	6140
and management, shall enter into an agreement to establish an	6141
office to perform the duties prescribed by division (C) of this	6142
section. The agreement shall specify one of the departments	6143
represented on the council as the department responsible for	6144
housing and supervising the office. The agreement shall include	6145
the recommendation of the council for funding the office.	6146

(C) The office established pursuant to the agreement entered	6147
into under this section shall review rules governing the	6148
certification and licensure of substitute care providers and	6149
determine which of the rules can be made substantively identical	6150
or more similar in order to minimize the number of differing	6151
certification and licensure standards and simplify the	6152
certification or licensure process for substitute care providers	6153
seeking certification or licensure from two or more of the	6154
departments represented on the council. The office shall provide	6155
county family and children first councils, substitute care	6156
providers, and persons interested in substitute care providers the	6157
opportunity to help the office with the review and determination.	6158
The office shall report its findings to the council. Each of the	6159
departments represented on the council that has adopted rules	6160
governing the certification or licensure of substitute care	6161
providers shall review the report and amend the rules as that	6162
department considers appropriate, except that no rule shall be	6163
amended so as to make it inconsistent with substitute care	6164
provider certification or licensure procedures and standards	6165
established by federal or state law. A department shall give	6166
priority to amendments that will not increase the department's	6167
administrative costs. In amending a rule, a department shall	6168
comply with Chapter 119. or section 111.15 of the Revised Code, as	6169
required by the Revised Code section governing the adoption of the	6170
particular rule.	6171

(D) In accordance with section 124.27 of the Revised Code,	6172
the council shall select a coordinator to oversee the office	6173
established pursuant to the agreement entered into under this	6174
section. The coordinator shall be in the classified service. In	6175
addition to overseeing the office, the coordinator shall perform	6176
any other duties the council assigns to the coordinator. The	6177
duties the council assigns to the coordinator shall be related to	6178
the duties of the office under division (C) of this section.	6179

Sec. 121.483. A deputy inspector general appointed under	6180
section 121.48 of the Revised Code, who has been awarded a	6181
certificate by the executive director of the Ohio peace officer	6182
training commission attesting to the person's satisfactory	6183
completion of an approved state, county, or municipal peace	6184
officer basic training program, shall, during the term of the	6185
deputy inspector general's appointment, be considered a peace	6186
officer for the purpose of maintaining a current and valid basic	6187
training certificate pursuant to rules adopted under section	6188
109.74 of the Revised Code.	6189

Sec. 122.075. (A) As used in this section:

6190

(1) "Alternative fuel" has the same meaning as in section	6191
125.831 of the Revised Code.	6192

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	6193
fuel that is derived from vegetable oils or animal fats, or any	6194
combination of those reagents, and that meets American society for	6195
testing and materials specification D6751-03a for biodiesel fuel	6196
(B100) blend stock distillate fuels.	6197

(3) "Diesel fuel" and "gasoline" have the same meanings as in	6198
section 5735.01 of the Revised Code.	6199

(4) "Ethanol" has the same meaning as in section 5733.46 of	6200
the Revised Code.	6201

(5) "Blended biodiesel" means diesel fuel containing at least	6202
twenty per cent biodiesel by volume.	6203

(6) "Blended gasoline" means gasoline containing at least	6204
eighty-five per cent ethanol by volume.	6205

(7) "Incremental cost" means either of the following:

6206

(a) The difference in cost between blended gasoline and	6207
gasoline containing ten per cent or less ethanol at the time that	6208
the blended gasoline is purchased;	6209

(b) The difference in cost between blended biodiesel and	6210
diesel fuel containing two per cent or less biodiesel at the time	6211
that the blended biodiesel is purchased.	6212

(B) For the purpose of improving the air quality in this	6213
state, the director of development services shall establish an	6214
alternative fuel transportation program under which the director	6215
may make grants and loans to businesses, nonprofit organizations,	6216
public school systems, or local governments for the purchase and	6217
installation of alternative fuel refueling or distribution	6218
facilities and terminals, for the purchase and use of alternative	6219
fuel, to pay the cost of fleet conversion, and to pay the costs of	6220
educational and promotional materials and activities intended for	6221
prospective alternative fuel consumers, fuel marketers, and others	6222
in order to increase the availability and use of alternative fuel.	6223

(C) The director, in consultation with the director of	6224
agriculture, shall adopt rules in accordance with Chapter 119. of	6225
the Revised Code that are necessary for the administration of the	6226
alternative fuel transportation program. The rules shall establish	6227
at least all of the following:	6228

(1) An application form and procedures governing the	6229
application process for receiving funds under the program;	6230

(2) A procedure for prioritizing the award of grants and	6231
loans under the program. The procedures shall give preference to	6232
all of the following:	6233

(a) Publicly accessible refueling facilities;

6234

(b) Entities applying to the program that have secured	6235
funding from other sources, including, but not limited to, private	6236
or federal incentives;	6237

(c) Entities that have presented compelling evidence of	6238
demand in the market in which the facilities or terminals will be	6239
located;	6240

(d) Entities that have committed to utilizing purchased or	6241
installed facilities or terminals for the greatest number of	6242
years;	6243

(e) Entities that will be purchasing or installing facilities	6244
or terminals for any type of alternative fuel.	6245

(3) A requirement that the maximum incentive for the purchase	6246
and installation of an alternative fuel refueling or distribution	6247
facility or terminal be eighty per cent of the cost of the	6248
facility or terminal, except that at least twenty per cent of the	6249
total ~~net~~ cost of the facility or terminal shall be incurred by	6250
the recipient and not compensated for by any other source;	6251

(4) A requirement that the maximum incentive for the purchase	6252
of alternative fuel be eighty per cent of the cost of the fuel or,	6253
in the case of blended biodiesel or blended gasoline, eighty per	6254
cent of the incremental cost of the blended biodiesel or blended	6255
gasoline;	6256

(5) Any other criteria, procedures, or guidelines that the	6257
director determines are necessary to administer the program,	6258
including fees, charges, interest rates, and payment schedules.	6259

(D) An applicant for a grant or loan under this section that	6260
sells motor vehicle fuel at retail shall agree that if the	6261
applicant receives funding, the applicant will report to the	6262
director the gallon or gallon equivalent amounts of alternative	6263
fuel the applicant sells at retail in this state for a period of	6264
three years after the project is completed.	6265

The director shall enter into a written confidentiality	6266
agreement with the applicant regarding the gallon or gallon	6267
equivalent amounts sold as described in this division, and upon	6268
execution of the agreement this information is not a public	6269
record.	6270

(E) There is hereby created in the state treasury the	6271
alternative fuel transportation fund. The fund shall consist of	6272
money transferred to the fund under division ~~(C)~~(B) of section	6273
125.836 and under division (B)(2) of section 3706.27 of the	6274
Revised Code, money that is appropriated to it by the general	6275
assembly, ~~and~~ money as may be specified by the general assembly	6276
from the advanced energy fund created by section 4928.61 of the	6277
Revised Code, and all money received from the repayment of loans	6278
made from the fund or in the event of a default on any such loan.	6279
Money in the fund shall be used to make grants and loans under the	6280
alternative fuel transportation program and by the director in the	6281
administration of that program.	6282

Sec. 122.083. (A) The director of development shall	6283
administer a shovel ready sites program to provide grants for	6284
projects to port authorities and development entities approved by	6285
the director. Grants may be used to pay the costs of any or all of	6286
the following:	6287

(1) Acquisition of property, including options;

6288

(2) Preparation of sites, including brownfield clean-up	6289
activities;	6290

(3) Construction of road, water, telecommunication, and	6291
utility infrastructure;	6292

(4) Payment of professional fees the amount of which shall	6293
not exceed twenty per cent of the grant amount for a project.	6294

(B) The director shall adopt rules in accordance with Chapter	6295
119. of the Revised Code that establish procedures and	6296
requirements necessary for the administration of the program,	6297
including a requirement that a recipient of a grant enter into an	6298
agreement with the director governing the use of the grant.	6299

~~(C) There is hereby created in the state treasury the shovel~~	6300
~~ready sites fund consisting of money appropriated to it. Money in~~	6301
~~the fund shall be used solely for the purposes of this section.~~	6302

Sec. 122.17. (A) As used in this section:

6303

(1) "Income tax revenue" means the total amount withheld	6304
under section 5747.06 of the Revised Code by the taxpayer during	6305
the taxable year, or during the calendar year that includes the	6306
tax period, from the compensation of each employee or each	6307
home-based employee employed in the project to the extent the	6308
employee's withholdings are not used to determine the credit under	6309
section 122.171 of the Revised Code. "Income tax revenue" excludes	6310
amounts withheld before the day the taxpayer becomes eligible for	6311
the credit.	6312

(2) "Baseline income tax revenue" means income tax revenue	6313
except that the applicable withholding period is the twelve months	6314
immediately preceding the date the tax credit authority approves	6315
the taxpayer's application or the date the tax credit authority	6316
receives the recommendation described in division (C)(2)(a) of	6317
this section, whichever occurs first, multiplied by the sum of one	6318
plus an annual pay increase factor to be determined by the tax	6319
credit authority. If the taxpayer becomes eligible for the credit	6320
after the first day of the taxpayer's taxable year or after the	6321
first day of the calendar year that includes the tax period, the	6322
taxpayer's baseline income tax revenue for the first such taxable	6323
or calendar year of credit eligibility shall be reduced in	6324
proportion to the number of days during the taxable or calendar	6325
year for which the taxpayer was not eligible for the credit. For	6326
subsequent taxable or calendar years, "baseline income tax	6327
revenue" equals the unreduced baseline income tax revenue for the	6328
preceding taxable or calendar year multiplied by the sum of one	6329
plus the pay increase factor.	6330

(3) "Excess income tax revenue" means income tax revenue	6331
minus baseline income tax revenue.	6332

(4) "Home-based employee" means an employee whose services	6333
are performed primarily from the employee's residence in this	6334
state exclusively for the benefit of the project and whose rate of	6335
pay is at least one hundred thirty-one per cent of the federal	6336
minimum wage under 29 U.S.C. 206.	6337

(B) The tax credit authority may make grants under this	6338
section to foster job creation in this state. Such a grant shall	6339
take the form of a refundable credit allowed against the tax	6340
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	6341
or levied under Chapter 5751. of the Revised Code. The credit	6342
shall be claimed for the taxable years or tax periods specified in	6343
the taxpayer's agreement with the tax credit authority under	6344
division (D) of this section. With respect to taxes imposed under	6345
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	6346
Revised Code, the credit shall be claimed in the order required	6347
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	6348
Code. The amount of the credit available for a taxable year or for	6349
a calendar year that includes a tax period equals the excess	6350
income tax revenue for that year multiplied by the percentage	6351
specified in the agreement with the tax credit authority. Any	6352
credit granted under this section against the tax imposed by	6353
section 5733.06 or 5747.02 of the Revised Code, to the extent not	6354
fully utilized against such tax for taxable years ending prior to	6355
2008, shall automatically be converted without any action taken by	6356
the tax credit authority to a credit against the tax levied under	6357
Chapter 5751. of the Revised Code for tax periods beginning on or	6358
after July 1, 2008, provided that the person to whom the credit	6359
was granted is subject to such tax. The converted credit shall	6360
apply to those calendar years in which the remaining taxable years	6361
specified in the agreement end.	6362

(C)(1) A taxpayer or potential taxpayer who proposes a	6363
project to create new jobs in this state may apply to the tax	6364
credit authority to enter into an agreement for a tax credit under	6365
this section.	6366

An application shall not propose to include both home-based	6367
employees and employees who are not home-based employees in the	6368
computation of income tax revenue for the purposes of the same tax	6369
credit agreement. If a taxpayer or potential taxpayer employs both	6370
home-based employees and employees who are not home-based	6371
employees in a project, the taxpayer shall submit separate	6372
applications for separate tax credit agreements for the project,	6373
one of which shall include home-based employees in the computation	6374
of income tax revenue and one of which shall include all other	6375
employees in the computation of income tax revenue.	6376

The director of development services shall prescribe the form	6377
of the application. After receipt of an application, the authority	6378
may enter into an agreement with the taxpayer for a credit under	6379
this section if it determines all of the following:	6380

(a) The taxpayer's project will increase payroll and income	6381
tax revenue;	6382

(b) The taxpayer's project is economically sound and will	6383
benefit the people of this state by increasing opportunities for	6384
employment and strengthening the economy of this state;	6385

(c) Receiving the tax credit is a major factor in the	6386
taxpayer's decision to go forward with the project.	6387

(2)(a) A taxpayer that chooses to begin the project prior to	6388
receiving the determination of the authority may, upon submitting	6389
the taxpayer's application to the authority, request that the	6390
chief investment officer of the nonprofit corporation formed under	6391
section 187.01 of the Revised Code and the director review the	6392
taxpayer's application and recommend to the authority that the	6393
taxpayer's application be considered. As soon as possible after	6394
receiving such a request, the chief investment officer and the	6395
director shall review the taxpayer's application and, if they	6396
determine that the application warrants consideration by the	6397
authority, make that recommendation to the authority not later	6398
than six months after the application is received by the	6399
authority.	6400

(b) The authority shall consider any taxpayer's application	6401
for which it receives a recommendation under division (C)(2)(a) of	6402
this section. If the authority determines that the taxpayer does	6403
not meet all of the criteria set forth in division (C)(1) of this	6404
section, the authority and the development services agency shall	6405
proceed in accordance with rules adopted by the director pursuant	6406
to division (I) of this section.	6407

(D) An agreement under this section shall include all of the	6408
following:	6409

(1) A detailed description of the project that is the subject	6410
of the agreement;	6411

(2)(a) The term of the tax credit, which, except as provided	6412
in division (D)(2)(b) of this section, shall not exceed fifteen	6413
years, and the first taxable year, or first calendar year that	6414
includes a tax period, for which the credit may be claimed;	6415

(b) If the tax credit is computed on the basis of home-based	6416
employees, the term of the credit shall expire on or before the	6417
last day of the taxable or calendar year ending before the	6418
beginning of the seventh year after September 6, 2012, the	6419
effective date of H.B. 327 of the 129th general assembly;.	6420

(3) A requirement that the taxpayer shall maintain operations	6421
at the project location for at least the greater of seven years or	6422
the term of the credit plus three years;	6423

(4) The percentage, as determined by the tax credit	6424
authority, of excess income tax revenue that will be allowed as	6425
the amount of the credit for each taxable year or for each	6426
calendar year that includes a tax period;	6427

(5) The pay increase factor to be applied to the taxpayer's	6428
baseline income tax revenue;	6429

(6) A requirement that the taxpayer annually shall report to	6430
the director of development services employment, tax withholding,	6431
investment, the provision of health care benefits and tuition	6432
reimbursement if required in the agreement, and other information	6433
the director needs to perform the director's duties under this	6434
section;	6435

(7) A requirement that the director of development services	6436
annually review the information reported under division (D)(6) of	6437
this section and verify compliance with the agreement; if the	6438
taxpayer is in compliance, a requirement that the director issue a	6439
certificate to the taxpayer stating that the information has been	6440
verified and identifying the amount of the credit that may be	6441
claimed for the taxable or calendar year;	6442

(8) A provision providing that the taxpayer may not relocate	6443
a substantial number of employment positions from elsewhere in	6444
this state to the project location unless the director of	6445
development services determines that the legislative authority of	6446
the county, township, or municipal corporation from which the	6447
employment positions would be relocated has been notified by the	6448
taxpayer of the relocation.	6449

For purposes of this section, the movement of an employment	6450
position from one political subdivision to another political	6451
subdivision shall be considered a relocation of an employment	6452
position unless the employment position in the first political	6453
subdivision is replaced.	6454

(9) If the tax credit is computed on the basis of home-based	6455
employees, that the tax credit may not be claimed by the taxpayer	6456
until the taxable year or tax period in which the taxpayer employs	6457
at least two hundred employees more than the number of employees	6458
the taxpayer employed on June 30, 2011.	6459

(E) If a taxpayer fails to meet or comply with any condition	6460
or requirement set forth in a tax credit agreement, the tax credit	6461
authority may amend the agreement to reduce the percentage or term	6462
of the tax credit. The reduction of the percentage or term may	6463
take effect in the current taxable or calendar year.	6464

(F) Projects that consist solely of point-of-final-purchase	6465
retail facilities are not eligible for a tax credit under this	6466
section. If a project consists of both point-of-final-purchase	6467
retail facilities and nonretail facilities, only the portion of	6468
the project consisting of the nonretail facilities is eligible for	6469
a tax credit and only the excess income tax revenue from the	6470
nonretail facilities shall be considered when computing the amount	6471
of the tax credit. If a warehouse facility is part of a	6472
point-of-final-purchase retail facility and supplies only that	6473
facility, the warehouse facility is not eligible for a tax credit.	6474
Catalog distribution centers are not considered	6475
point-of-final-purchase retail facilities for the purposes of this	6476
division, and are eligible for tax credits under this section.	6477

(G) Financial statements and other information submitted to	6478
the development services agency or the tax credit authority by an	6479
applicant or recipient of a tax credit under this section, and any	6480
information taken for any purpose from such statements or	6481
information, are not public records subject to section 149.43 of	6482
the Revised Code. However, the chairperson of the authority may	6483
make use of the statements and other information for purposes of	6484
issuing public reports or in connection with court proceedings	6485
concerning tax credit agreements under this section. Upon the	6486
request of the tax commissioner or, if the applicant or recipient	6487
is an insurance company, upon the request of the superintendent of	6488
insurance, the chairperson of the authority shall provide to the	6489
commissioner or superintendent any statement or information	6490
submitted by an applicant or recipient of a tax credit in	6491
connection with the credit. The commissioner or superintendent	6492
shall preserve the confidentiality of the statement or	6493
information.	6494

(H) A taxpayer claiming a credit under this section shall	6495
submit to the tax commissioner or, if the taxpayer is an insurance	6496
company, to the superintendent of insurance, a copy of the	6497
director of development services' certificate of verification	6498
under division (D)(7) of this section with the taxpayer's tax	6499
report or return for the taxable year or for the calendar year	6500
that includes the tax period. Failure to submit a copy of the	6501
certificate with the report or return does not invalidate a claim	6502
for a credit if the taxpayer submits a copy of the certificate to	6503
the commissioner or superintendent within sixty days after the	6504
commissioner or superintendent requests it.	6505

(I) The director of development services, after consultation	6506
with the tax commissioner and the superintendent of insurance and	6507
in accordance with Chapter 119. of the Revised Code, shall adopt	6508
rules necessary to implement this section, including rules that	6509
establish a procedure to be followed by the tax credit authority	6510
and the development services agency in the event the authority	6511
considers a taxpayer's application for which it receives a	6512
recommendation under division (C)(2)(a) of this section but does	6513
not approve it. The rules may provide for recipients of tax	6514
credits under this section to be charged fees to cover	6515
administrative costs of the tax credit program. The fees collected	6516
shall be credited to the business assistance fund created in	6517
section 122.174 of the Revised Code. At the time the director	6518
gives public notice under division (A) of section 119.03 of the	6519
Revised Code of the adoption of the rules, the director shall	6520
submit copies of the proposed rules to the chairpersons of the	6521
standing committees on economic development in the senate and the	6522
house of representatives.	6523

(J) For the purposes of this section, a taxpayer may include	6524
a partnership, a corporation that has made an election under	6525
subchapter S of chapter one of subtitle A of the Internal Revenue	6526
Code, or any other business entity through which income flows as a	6527
distributive share to its owners. A partnership, S-corporation, or	6528
other such business entity may elect to pass the credit received	6529
under this section through to the persons to whom the income or	6530
profit of the partnership, S-corporation, or other entity is	6531
distributed. The election shall be made on the annual report	6532
required under division (D)(6) of this section. The election	6533
applies to and is irrevocable for the credit for which the report	6534
is submitted. If the election is made, the credit shall be	6535
apportioned among those persons in the same proportions as those	6536
in which the income or profit is distributed.	6537

(K) If the director of development services determines that a	6538
taxpayer who has received a credit under this section is not	6539
complying with the requirement under division (D)(3) of this	6540
section, the director shall notify the tax credit authority of the	6541
noncompliance. After receiving such a notice, and after giving the	6542
taxpayer an opportunity to explain the noncompliance, the tax	6543
credit authority may require the taxpayer to refund to this state	6544
a portion of the credit in accordance with the following:	6545

(1) If the taxpayer maintained operations at the project	6546
location for a period less than or equal to the term of the	6547
credit, an amount not exceeding one hundred per cent of the sum of	6548
any credits allowed and received under this section;	6549

(2) If the taxpayer maintained operations at the project	6550
location for a period longer than the term of the credit, but less	6551
than the greater of seven years or the term of the credit plus	6552
three years, an amount not exceeding seventy-five per cent of the	6553
sum of any credits allowed and received under this section.	6554

In determining the portion of the tax credit to be refunded	6555
to this state, the tax credit authority shall consider the effect	6556
of market conditions on the taxpayer's project and whether the	6557
taxpayer continues to maintain other operations in this state.	6558
After making the determination, the authority shall certify the	6559
amount to be refunded to the tax commissioner or superintendent of	6560
insurance, as appropriate. If the amount is certified to the	6561
commissioner, the commissioner shall make an assessment for that	6562
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6563
5751. of the Revised Code. If the amount is certified to the	6564
superintendent, the superintendent shall make an assessment for	6565
that amount against the taxpayer under Chapter 5725. or 5729. of	6566
the Revised Code. The time limitations on assessments under those	6567
chapters do not apply to an assessment under this division, but	6568
the commissioner or superintendent, as appropriate, shall make the	6569
assessment within one year after the date the authority certifies	6570
to the commissioner or superintendent the amount to be refunded.	6571

(L) On or before the first day of August each year, the	6572
director of development services shall submit a report to the	6573
governor, the president of the senate, and the speaker of the	6574
house of representatives on the tax credit program under this	6575
section. The report shall include information on the number of	6576
agreements that were entered into under this section during the	6577
preceding calendar year, a description of the project that is the	6578
subject of each such agreement, and an update on the status of	6579
projects under agreements entered into before the preceding	6580
calendar year.	6581

(M) There is hereby created the tax credit authority, which	6582
consists of the director of development services and four other	6583
members appointed as follows: the governor, the president of the	6584
senate, and the speaker of the house of representatives each shall	6585
appoint one member who shall be a specialist in economic	6586
development; the governor also shall appoint a member who is a	6587
specialist in taxation. Of the initial appointees, the members	6588
appointed by the governor shall serve a term of two years; the	6589
members appointed by the president of the senate and the speaker	6590
of the house of representatives shall serve a term of four years.	6591
Thereafter, terms of office shall be for four years. Initial	6592
appointments to the authority shall be made within thirty days	6593
after January 13, 1993. Each member shall serve on the authority	6594
until the end of the term for which the member was appointed.	6595
Vacancies shall be filled in the same manner provided for original	6596
appointments. Any member appointed to fill a vacancy occurring	6597
prior to the expiration of the term for which the member's	6598
predecessor was appointed shall hold office for the remainder of	6599
that term. Members may be reappointed to the authority. Members of	6600
the authority shall receive their necessary and actual expenses	6601
while engaged in the business of the authority. The director of	6602
development services shall serve as chairperson of the authority,	6603
and the members annually shall elect a vice-chairperson from among	6604
themselves. Three members of the authority constitute a quorum to	6605
transact and vote on the business of the authority. The majority	6606
vote of the membership of the authority is necessary to approve	6607
any such business, including the election of the vice-chairperson.	6608

The director of development services may appoint a	6609
professional employee of the development services agency to serve	6610
as the director's substitute at a meeting of the authority. The	6611
director shall make the appointment in writing. In the absence of	6612
the director from a meeting of the authority, the appointed	6613
substitute shall serve as chairperson. In the absence of both the	6614
director and the director's substitute from a meeting, the	6615
vice-chairperson shall serve as chairperson.	6616

(N) For purposes of the credits granted by this section	6617
against the taxes imposed under sections 5725.18 and 5729.03 of	6618
the Revised Code, "taxable year" means the period covered by the	6619
taxpayer's annual statement to the superintendent of insurance.	6620

(O) On or before the first day of ~~January~~March of each of	6621
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6622
~~of the 129th general assembly becomeseffective~~beginning with	6623
2014, each taxpayer subject to an agreement with the tax credit	6624
authority under this section on the basis of home-based employees	6625
shall report the number of home-based employees and other	6626
employees employed by the taxpayer in this state to the ~~department~~	6627
of development services agency.	6628

(P) On or before the first day of January of ~~the seventh~~	6629
~~calendar year following the year in which H.B. 327 of the 129th~~	6630
~~general assembly became effective~~2019, the director of	6631
development services shall submit a report to the governor, the	6632
president of the senate, and the speaker of the house of	6633
representatives on the effect of agreements entered into under	6634
this section in which the taxpayer included home-based employees	6635
in the computation of income tax revenue. The report shall include	6636
information on the number of such agreements that were entered	6637
into in the preceding six years, a description of the projects	6638
that were the subjects of such agreements, and an analysis of	6639
nationwide home-based employment trends, including the number of	6640
home-based jobs created from July 1, 2011, through June 30, 2017,	6641
and a description of any home-based employment tax incentives	6642
provided by other states during that time.	6643

(Q) The director of development services may require any	6644
agreement entered into under this section for a tax credit	6645
computed on the basis of home-based employees to contain a	6646
provision that the taxpayer makes available health care benefits	6647
and tuition reimbursement to all employees.	6648

Sec. 122.171. (A) As used in this section:

6649

(1) "Capital investment project" means a plan of investment	6650
at a project site for the acquisition, construction, renovation,	6651
or repair of buildings, machinery, or equipment, or for	6652
capitalized costs of basic research and new product development	6653
determined in accordance with generally accepted accounting	6654
principles, but does not include any of the following:	6655

(a) Payments made for the acquisition of personal property	6656
through operating leases;	6657

(b) Project costs paid before January 1, 2002;

6658

(c) Payments made to a related member as defined in section	6659
5733.042 of the Revised Code or to a consolidated elected taxpayer	6660
or a combined taxpayer as defined in section 5751.01 of the	6661
Revised Code.	6662

(2) "Eligible business" means a taxpayer and its related	6663
members with Ohio operations satisfying all of the following:	6664

(a) The taxpayer employs at least five hundred full-time	6665
equivalent employees or has an annual payroll of at least	6666
thirty-five million dollars at the time the tax credit authority	6667
grants the tax credit under this section;	6668

(b) The taxpayer makes or causes to be made payments for the	6669
capital investment project of one of the following:	6670

(i) If the taxpayer is engaged at the project site primarily	6671
as a manufacturer, at least fifty million dollars in the aggregate	6672
at the project site during a period of three consecutive calendar	6673
years, including the calendar year that includes a day of the	6674
taxpayer's taxable year or tax period with respect to which the	6675
credit is granted;	6676

(ii) If the taxpayer is engaged at the project site primarily	6677
in significant corporate administrative functions, as defined by	6678
the director of development services by rule, at least twenty	6679
million dollars in the aggregate at the project site during a	6680
period of three consecutive calendar years including the calendar	6681
year that includes a day of the taxpayer's taxable year or tax	6682
period with respect to which the credit is granted;	6683

(iii) If the taxpayer is applying to enter into an agreement	6684
for a tax credit authorized under division (B)(3) of this section,	6685
at least five million dollars in the aggregate at the project site	6686
during a period of three consecutive calendar years, including the	6687
calendar year that includes a day of the taxpayer's taxable year	6688
or tax period with respect to which the credit is granted.	6689

(c) The taxpayer had a capital investment project reviewed	6690
and approved by the tax credit authority as provided in divisions	6691
(C), (D), and (E) of this section.	6692

(3) "Full-time equivalent employees" means the quotient	6693
obtained by dividing the total number of hours for which employees	6694
were compensated for employment in the project by two thousand	6695
eighty. "Full-time equivalent employees" shall exclude hours that	6696
are counted for a credit under section 122.17 of the Revised Code.	6697

(4) "Income tax revenue" means the total amount withheld	6698
under section 5747.06 of the Revised Code by the taxpayer during	6699
the taxable year, or during the calendar year that includes the	6700
tax period, from the compensation of all employees employed in the	6701
project whose hours of compensation are included in calculating	6702
the number of full-time equivalent employees.	6703

(5) "Manufacturer" has the same meaning as in section	6704
5739.011 of the Revised Code.	6705

(6) "Project site" means an integrated complex of facilities	6706
in this state, as specified by the tax credit authority under this	6707
section, within a fifteen-mile radius where a taxpayer is	6708
primarily operating as an eligible business.	6709

(7) "Related member" has the same meaning as in section	6710
5733.042 of the Revised Code as that section existed on the	6711
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6712
general assembly, September 29, 1997.	6713

(8) "Taxable year" includes, in the case of a domestic or	6714
foreign insurance company, the calendar year ending on the	6715
thirty-first day of December preceding the day the superintendent	6716
of insurance is required to certify to the treasurer of state	6717
under section 5725.20 or 5729.05 of the Revised Code the amount of	6718
taxes due from insurance companies.	6719

(B) The tax credit authority created under section 122.17 of	6720
the Revised Code may grant tax credits under this section for the	6721
purpose of fostering job retention in this state. Upon application	6722
by an eligible business and upon consideration of the	6723
recommendation of the director of budget and management, tax	6724
commissioner, the superintendent of insurance in the case of an	6725
insurance company, and director of development services under	6726
division (C) of this section, the tax credit authority may grant	6727
the following credits against the tax imposed by section 5725.18,	6728
5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised	6729
Code:	6730

(1) A nonrefundable credit to an eligible business;

6731

(2) A refundable credit to an eligible business meeting the	6732
following conditions, provided that the director of budget and	6733
management, tax commissioner, superintendent of insurance in the	6734
case of an insurance company, and director of development services	6735
have recommended the granting of the credit to the tax credit	6736
authority before July 1, 2011:	6737

(a) The business retains at least one thousand full-time	6738
equivalent employees at the project site.	6739

(b) The business makes or causes to be made payments for a	6740
capital investment project of at least twenty-five million dollars	6741
in the aggregate at the project site during a period of three	6742
consecutive calendar years, including the calendar year that	6743
includes a day of the business' taxable year or tax period with	6744
respect to which the credit is granted.	6745

(c) In 2010, the business received a written offer of	6746
financial incentives from another state of the United States that	6747
the director determines to be sufficient inducement for the	6748
business to relocate the business' operations from this state to	6749
that state.	6750

(3) A refundable credit to an eligible business with a total	6751
annual payroll of at least twenty million dollars, provided that	6752
the tax credit authority grants the tax credit on or after July 1,	6753
2011, and before January 1, 2014.	6754

The credits authorized in divisions (B)(1), (2), and (3) of	6755
this section may be granted for a period up to fifteen taxable	6756
years or, in the case of the tax levied by section 5751.02 of the	6757
Revised Code, for a period of up to fifteen calendar years. The	6758
credit amount for a taxable year or a calendar year that includes	6759
the tax period for which a credit may be claimed equals the income	6760
tax revenue for that year multiplied by the percentage specified	6761
in the agreement with the tax credit authority. The percentage may	6762
not exceed seventy-five per cent. The credit shall be claimed in	6763
the order required under section 5725.98, 5726.98, 5729.98,	6764
5733.98, 5747.98, or 5751.98 of the Revised Code. In determining	6765
the percentage and term of the credit, the tax credit authority	6766
shall consider both the number of full-time equivalent employees	6767
and the value of the capital investment project. The credit amount	6768
may not be based on the income tax revenue for a calendar year	6769
before the calendar year in which the tax credit authority	6770
specifies the tax credit is to begin, and the credit shall be	6771
claimed only for the taxable years or tax periods specified in the	6772
eligible business' agreement with the tax credit authority. In no	6773
event shall the credit be claimed for a taxable year or tax period	6774
terminating before the date specified in the agreement. Any credit	6775
granted under this section against the tax imposed by section	6776
5733.06 or 5747.02 of the Revised Code, to the extent not fully	6777
utilized against such tax for taxable years ending prior to 2008,	6778
shall automatically be converted without any action taken by the	6779
tax credit authority to a credit against the tax levied under	6780
Chapter 5751. of the Revised Code for tax periods beginning on or	6781
after July 1, 2008, provided that the person to whom the credit	6782
was granted is subject to such tax. The converted credit shall	6783
apply to those calendar years in which the remaining taxable years	6784
specified in the agreement end.	6785

If a nonrefundable credit allowed under division (B)(1) of	6786
this section for a taxable year or tax period exceeds the	6787
taxpayer's tax liability for that year or period, the excess may	6788
be carried forward for the three succeeding taxable or calendar	6789
years, but the amount of any excess credit allowed in any taxable	6790
year or tax period shall be deducted from the balance carried	6791
forward to the succeeding year or period.	6792

(C) A taxpayer that proposes a capital investment project to	6793
retain jobs in this state may apply to the tax credit authority to	6794
enter into an agreement for a tax credit under this section. The	6795
director of development services shall prescribe the form of the	6796
application. After receipt of an application, the authority shall	6797
forward copies of the application to the director of budget and	6798
management, the tax commissioner, the superintendent of insurance	6799
in the case of an insurance company, and the director of	6800
development services, each of whom shall review the application to	6801
determine the economic impact the proposed project would have on	6802
the state and the affected political subdivisions and shall submit	6803
a summary of their determinations and recommendations to the	6804
authority.	6805

(D) Upon review and consideration of the determinations and	6806
recommendations described in division (C) of this section, the tax	6807
credit authority may enter into an agreement with the taxpayer for	6808
a credit under this section if the authority determines all of the	6809
following:	6810

(1) The taxpayer's capital investment project will result in	6811
the retention of employment in this state.	6812

(2) The taxpayer is economically sound and has the ability to	6813
complete the proposed capital investment project.	6814

(3) The taxpayer intends to and has the ability to maintain	6815
operations at the project site for at least the greater of (a) the	6816
term of the credit plus three years, or (b) seven years.	6817

(4) Receiving the credit is a major factor in the taxpayer's	6818
decision to begin, continue with, or complete the project.	6819

(5) If the taxpayer is applying to enter into an agreement	6820
for a tax credit authorized under division (B)(3) of this section,	6821
the taxpayer's capital investment project will be located in the	6822
political subdivision in which the taxpayer maintains its	6823
principal place of business or maintains a unit or division with	6824
at least four thousand two hundred employees at the project site.	6825

(E) An agreement under this section shall include all of the	6826
following:	6827

(1) A detailed description of the project that is the subject	6828
of the agreement, including the amount of the investment, the	6829
period over which the investment has been or is being made, the	6830
number of full-time equivalent employees at the project site, and	6831
the anticipated income tax revenue to be generated.	6832

(2) The term of the credit, the percentage of the tax credit,	6833
the maximum annual value of tax credits that may be allowed each	6834
year, and the first year for which the credit may be claimed.	6835

(3) A requirement that the taxpayer maintain operations at	6836
the project site for at least the greater of (a) the term of the	6837
credit plus three years, or (b) seven years.	6838

(4)(a) In the case of a credit granted under division (B)(1)	6839
of this section, a requirement that the taxpayer retain at least	6840
five hundred full-time equivalent employees at the project site	6841
and within this state for the entire term of the credit, or a	6842
requirement that the taxpayer maintain an annual payroll of at	6843
least thirty-five million dollars for the entire term of the	6844
credit;	6845

(b) In the case of a credit granted under division (B)(2) of	6846
this section, a requirement that the taxpayer retain at least one	6847
thousand full-time equivalent employees at the project site and	6848
within this state for the entire term of the credit;	6849

(c) In the case of a credit granted under division (B)(3) of	6850
this section, either of the following:	6851

(i) A requirement that the taxpayer retain at least five	6852
hundred full-time equivalent employees at the project site and	6853
within this state for the entire term of the credit and a	6854
requirement that the taxpayer maintain an annual payroll of at	6855
least twenty million dollars for the entire term of the credit;	6856

(ii) A requirement that the taxpayer maintain an annual	6857
payroll of at least thirty-five million dollars for the entire	6858
term of the credit.	6859

(5) A requirement that the taxpayer annually report to the	6860
director of development services employment, tax withholding,	6861
capital investment, and other information the director needs to	6862
perform the director's duties under this section.	6863

(6) A requirement that the director of development services	6864
annually review the annual reports of the taxpayer to verify the	6865
information reported under division (E)(5) of this section and	6866
compliance with the agreement. Upon verification, the director	6867
shall issue a certificate to the taxpayer stating that the	6868
information has been verified and identifying the amount of the	6869
credit for the taxable year or calendar year that includes the tax	6870
period. In determining the number of full-time equivalent	6871
employees, no position shall be counted that is filled by an	6872
employee who is included in the calculation of a tax credit under	6873
section 122.17 of the Revised Code.	6874

(7) A provision providing that the taxpayer may not relocate	6875
a substantial number of employment positions from elsewhere in	6876
this state to the project site unless the director of development	6877
services determines that the taxpayer notified the legislative	6878
authority of the county, township, or municipal corporation from	6879
which the employment positions would be relocated.	6880

For purposes of this section, the movement of an employment	6881
position from one political subdivision to another political	6882
subdivision shall be considered a relocation of an employment	6883
position unless the movement is confined to the project site. The	6884
transfer of an employment position from one political subdivision	6885
to another political subdivision shall not be considered a	6886
relocation of an employment position if the employment position in	6887
the first political subdivision is replaced by another employment	6888
position.	6889

(8) A waiver by the taxpayer of any limitations periods	6890
relating to assessments or adjustments resulting from the	6891
taxpayer's failure to comply with the agreement.	6892

(F) If a taxpayer fails to meet or comply with any condition	6893
or requirement set forth in a tax credit agreement, the tax credit	6894
authority may amend the agreement to reduce the percentage or term	6895
of the credit. The reduction of the percentage or term may take	6896
effect in the current taxable or calendar year.	6897

(G) Financial statements and other information submitted to	6898
the department of development services or the tax credit authority	6899
by an applicant for or recipient of a tax credit under this	6900
section, and any information taken for any purpose from such	6901
statements or information, are not public records subject to	6902
section 149.43 of the Revised Code. However, the chairperson of	6903
the authority may make use of the statements and other information	6904
for purposes of issuing public reports or in connection with court	6905
proceedings concerning tax credit agreements under this section.	6906
Upon the request of the tax commissioner, or the superintendent of	6907
insurance in the case of an insurance company, the chairperson of	6908
the authority shall provide to the commissioner or superintendent	6909
any statement or other information submitted by an applicant for	6910
or recipient of a tax credit in connection with the credit. The	6911
commissioner or superintendent shall preserve the confidentiality	6912
of the statement or other information.	6913

(H) A taxpayer claiming a tax credit under this section shall	6914
submit to the tax commissioner or, in the case of an insurance	6915
company, to the superintendent of insurance, a copy of the	6916
director of development services' certificate of verification	6917
under division (E)(6) of this section with the taxpayer's tax	6918
report or return for the taxable year or for the calendar year	6919
that includes the tax period. Failure to submit a copy of the	6920
certificate with the report or return does not invalidate a claim	6921
for a credit if the taxpayer submits a copy of the certificate to	6922
the commissioner or superintendent within sixty days after the	6923
commissioner or superintendent requests it.	6924

(I) For the purposes of this section, a taxpayer may include	6925
a partnership, a corporation that has made an election under	6926
subchapter S of chapter one of subtitle A of the Internal Revenue	6927
Code, or any other business entity through which income flows as a	6928
distributive share to its owners. A partnership, S-corporation, or	6929
other such business entity may elect to pass the credit received	6930
under this section through to the persons to whom the income or	6931
profit of the partnership, S-corporation, or other entity is	6932
distributed. The election shall be made on the annual report	6933
required under division (E)(5) of this section. The election	6934
applies to and is irrevocable for the credit for which the report	6935
is submitted. If the election is made, the credit shall be	6936
apportioned among those persons in the same proportions as those	6937
in which the income or profit is distributed.	6938

(J) If the director of development services determines that a	6939
taxpayer that received a certificate under division (E)(6) of this	6940
section is not complying with the requirement under division	6941
(E)(3) of this section, the director shall notify the tax credit	6942
authority of the noncompliance. After receiving such a notice, and	6943
after giving the taxpayer an opportunity to explain the	6944
noncompliance, the authority may terminate the agreement and	6945
require the taxpayer, or any related member or members that	6946
claimed the tax credit under division (N) of this section, to	6947
refund to the state all or a portion of the credit claimed in	6948
previous years, as follows:	6949

(1) If the taxpayer maintained operations at the project site	6950
for less than or equal to the term of the credit, an amount not to	6951
exceed one hundred per cent of the sum of any tax credits allowed	6952
and received under this section.	6953

(2) If the taxpayer maintained operations at the project site	6954
longer than the term of the credit, but less than the greater of	6955
(a) the term of the credit plus three years, or (b) seven years,	6956
the amount required to be refunded shall not exceed seventy-five	6957
per cent of the sum of any tax credits allowed and received under	6958
this section.	6959

In determining the portion of the credit to be refunded to	6960
this state, the authority shall consider the effect of market	6961
conditions on the taxpayer's project and whether the taxpayer	6962
continues to maintain other operations in this state. After making	6963
the determination, the authority shall certify the amount to be	6964
refunded to the tax commissioner or the superintendent of	6965
insurance. If the taxpayer, or any related member or members who	6966
claimed the tax credit under division (N) of this section, is not	6967
an insurance company, the commissioner shall make an assessment	6968
for that amount against the taxpayer under Chapter 5726., 5733.,	6969
5747., or 5751. of the Revised Code. If the taxpayer, or any	6970
related member or members that claimed the tax credit under	6971
division (N) of this section, is an insurance company, the	6972
superintendent of insurance shall make an assessment under section	6973
5725.222 or 5729.102 of the Revised Code. The time limitations on	6974
assessments under those chapters and sections do not apply to an	6975
assessment under this division, but the commissioner or	6976
superintendent shall make the assessment within one year after the	6977
date the authority certifies to the commissioner or superintendent	6978
the amount to be refunded.	6979

(K) The director of development services, after consultation	6980
with the tax commissioner and the superintendent of insurance and	6981
in accordance with Chapter 119. of the Revised Code, shall adopt	6982
rules necessary to implement this section. The rules may provide	6983
for recipients of tax credits under this section to be charged	6984
fees to cover administrative costs of the tax credit program. The	6985
fees collected shall be credited to the business assistance fund	6986
created in section 122.174 of the Revised Code. At the time the	6987
director gives public notice under division (A) of section 119.03	6988
of the Revised Code of the adoption of the rules, the director	6989
shall submit copies of the proposed rules to the chairpersons of	6990
the standing committees on economic development in the senate and	6991
the house of representatives.	6992

(L) On or before the first day of August of each year, the	6993
director of development services shall submit a report to the	6994
governor, the president of the senate, and the speaker of the	6995
house of representatives on the tax credit program under this	6996
section. The report shall include information on the number of	6997
agreements that were entered into under this section during the	6998
preceding calendar year, a description of the project that is the	6999
subject of each such agreement, and an update on the status of	7000
projects under agreements entered into before the preceding	7001
calendar year.	7002

(M)(1) The aggregate amount of tax credits issued under	7003
division (B)(1) of this section during any calendar year for	7004
capital investment projects reviewed and approved by the tax	7005
credit authority may not exceed the following amounts:	7006

(a) For 2010, thirteen million dollars;

7007

(b) For 2011 through 2023, the amount of the limit for the	7008
preceding calendar year plus thirteen million dollars;	7009

(c) For 2024 and each year thereafter, one hundred	7010
ninety-five million dollars.	7011

(2) The aggregate amount of tax credits authorized under	7012
divisions (B)(2) and (3) of this section and allowed to be claimed	7013
by taxpayers in any calendar year for capital improvement projects	7014
reviewed and approved by the tax credit authority in 2011, 2012,	7015
and 2013 combined shall not exceed twenty-five million dollars. An	7016
amount equal to the aggregate amount of credits first authorized	7017
in calendar year 2011, 2012, and 2013 may be claimed over the	7018
ensuing period up to fifteen years, subject to the terms of	7019
individual tax credit agreements.	7020

The limitations in division (M) of this section do not apply	7021
to credits for capital investment projects approved by the tax	7022
credit authority before July 1, 2009.	7023

(N) This division applies only to an eligible business that	7024
is part of an affiliated group that includes a diversified savings	7025
and loan holding company or a grandfathered unitary savings and	7026
loan holding company, as those terms are defined in section	7027
5726.01 of the Revised Code. Notwithstanding any contrary	7028
provision of the agreement between such an eligible business and	7029
the tax credit authority, any credit granted under this section	7030
against the tax imposed by section 5725.18, 5729.03, 5733.06,	7031
5747.02, or 5751.02 of the Revised Code to the eligible business,	7032
at the election of the eligible business and without any action by	7033
the tax credit authority, may be shared with any member or members	7034
of the affiliated group that includes the eligible business, which	7035
member or members may claim the credit against the taxes imposed	7036
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02	7037
of the Revised Code. Credits shall be claimed by the eligible	7038
business in sequential order, as applicable, first claiming the	7039
credits to the fullest extent possible against the tax that the	7040
certificate holder is subject to, then against the tax imposed by,	7041
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and	7042
lastly 5726.02 of the Revised Code. The credits may be allocated	7043
among the members of the affiliated group in such manner as the	7044
eligible business elects, but subject to the sequential order	7045
required under this division. This division applies to credits	7046
granted before, on, or after March 27, 2013, the effective date of	7047
H.B. 510 of the 129th general assembly. Credits granted before	7048
that effective date that are shared and allocated under this	7049
division may be claimed in those calendar years in which the	7050
remaining taxable years specified in the agreement end.	7051

As used in this division, "affiliated group" means a group of	7052
two or more persons with fifty per cent or greater of the value of	7053
each person's ownership interests owned or controlled directly,	7054
indirectly, or constructively through related interests by common	7055
owners during all or any portion of the taxable year, and the	7056
common owners. "Affiliated group" includes, but is not limited to,	7057
any person eligible to be included in a consolidated elected	7058
taxpayer group under section 5751.011 of the Revised Code or a	7059
combined taxpayer group under section 5751.012 of the Revised	7060
Code.	7061

Sec. 122.175. (A) As used in this section:

7062

(1) "Capital investment project" means a plan of investment	7063
at a project site for the acquisition, construction, renovation,	7064
expansion, replacement, or repair of a computer data center or of	7065
computer data center equipment, but does not include any of the	7066
following:	7067

(a) Project costs paid before a date determined by the tax	7068
credit authority for each capital investment project;	7069

(b) Payments made to a related member as defined in section	7070
5733.042 of the Revised Code or to a consolidated elected taxpayer	7071
or a combined taxpayer as defined in section 5751.01 of the	7072
Revised Code.	7073

(2) "Computer data center" means a facility used or to be	7074
used primarily to house computer data center equipment used or to	7075
be used in conducting aone or more computer data center ~~business~~	7076
businesses, as determined by the tax credit authority.	7077

(3) "Computer data center business" means, as may be further	7078
determined by the tax credit authority, a business that provides	7079
electronic information services as defined in division (Y)(1)(c)	7080
of section 5739.01 of the Revised Code, or that leases a facility	7081
to one or more such businesses. "Computer data center business"	7082
does not include providing electronic publishing as defined in	7083
division (LLL) of that section.	7084

(4) "Computer data center equipment" means tangible personal	7085
property used or to be used for any of the following:	7086

(a) To conduct a computer data center business, including	7087
equipment cooling systems to manage the performance of computer	7088
data center equipment;	7089

(b) To generate, transform, transmit, distribute, or manage	7090
electricity necessary to operate the tangible personal property	7091
used or to be used in conducting a computer data center business;	7092

(c) As building and construction materials sold to	7093
construction contractors for incorporation into a computer data	7094
center.	7095

(5) "Eligible computer data center" means a computer data	7096
center that satisfies all of the following requirements:	7097

(a) ~~The taxpayer~~One or more taxpayers operating a computer	7098
data center business at the project site will, in the aggregate,	7099
make payments for a capital investment project of at least one	7100
hundred million dollars ~~in the aggregate~~ at the project site	7101
during a period of three consecutive calendar years;	7102

(b) ~~The taxpayer~~One or more taxpayers operating a computer	7103
data center business at the project site will, in the aggregate,	7104
pay annual compensation that is subject to the withholding	7105
obligation imposed under section 5747.06 of the Revised Code of at	7106
least ~~five~~one million five hundred thousand dollars to employees	7107
employed at the project site for ~~the term of the agreement~~each	7108
year of the agreement beginning on or after the first day of the	7109
twenty-fifth month after the agreement was entered into under this	7110
section.	7111

(6) "Person" has the same meaning as in section 5701.01 of	7112
the Revised Code.	7113

(7) "Project site," "related member," and "tax credit	7114
authority" have the same meanings as in sections 122.17 and	7115
122.171 of the Revised Code.	7116

(8) "Taxpayer" means any person subject to the taxes imposed	7117
under Chapters 5739. and 5741. of the Revised Code.	7118

(B) The tax credit authority may completely or partially	7119
exempt from the taxes levied under Chapters 5739. and 5741. of the	7120
Revised Code the sale, storage, use, or other consumption of	7121
computer data center equipment used or to be used at an eligible	7122
computer data center. Any such exemption shall extend to charges	7123
for the delivery, installation, or repair of the computer data	7124
center equipment subject to the exemption under this section.	7125

(C) A taxpayer that proposes a capital improvement project	7126
for an eligible computer data center in this state may apply to	7127
the tax credit authority to enter into an agreement under this	7128
section ~~for~~authorizing a complete or partial exemption from the	7129
taxes imposed under Chapters 5739. and 5741. of the Revised Code	7130
on computer data center equipment purchased by the applicant or	7131
any other taxpayer that operates a computer data center business	7132
at the project site and used or to be used at the eligible	7133
computer data center. The director of development services shall	7134
prescribe the form of the application. After receipt of an	7135
application, the authority shall forward copies of the application	7136
to the director of budget and management, the tax commissioner,	7137
and the director of development services, each of whom shall	7138
review the application to determine the economic impact that the	7139
proposed eligible computer data center would have on the state and	7140
any affected political subdivisions and submit to the authority a	7141
summary of their determinations and recommendations.	7142

(D) Upon review and consideration of such determinations and	7143
recommendations, the tax credit authority may enter into an	7144
agreement with the applicant and any other taxpayer that operates	7145
a computer data center business at the project site for a complete	7146
or partial exemption from the taxes imposed under Chapters 5739.	7147
and 5741. of the Revised Code on computer data center equipment	7148
used or to be used at an eligible computer data center if the	7149
authority determines all of the following:	7150

(1) The ~~taxpayer's~~ capital investment project for the	7151
eligible computer data center will increase payroll and the amount	7152
of income taxes to be withheld from employee compensation pursuant	7153
to section 5747.06 of the Revised Code.	7154

(2) The ~~taxpayer~~applicant is economically sound and has the	7155
ability to complete or effect the completion of the proposed	7156
capital investment project.	7157

(3) The ~~taxpayer~~applicant intends to and has the ability to	7158
maintain operations at the project site for the term of the	7159
agreement.	7160

(4) Receiving the exemption is a major factor in the	7161
~~taxpayer's~~applicant's decision to begin, continue with, or	7162
complete the capital investment project.	7163

(E) An agreement entered into under this section shall	7164
include all of the following:	7165

(1) A detailed description of the capital investment project	7166
that is the subject of the agreement, including the amount of the	7167
investment, the period over which the investment has been or is	7168
being made, the annual compensation to be paid by ~~the~~each	7169
taxpayer subject to the agreement to its employees at the project	7170
site, and the anticipated amount of income taxes to be withheld	7171
from employee compensation pursuant to section 5747.06 of the	7172
Revised Code.	7173

(2) The percentage of the exemption from the taxes imposed	7174
under Chapters 5739. and 5741. of the Revised Code for the	7175
computer data center equipment used or to be used at the eligible	7176
computer data center, the length of time the computer data center	7177
equipment will be exempted, and the first date on which the	7178
exemption applies.	7179

(3) A requirement that ~~the taxpayer maintain~~ the computer	7180
data center asremain an eligible computer data center during the	7181
term of the agreement and that the ~~taxpayer~~applicant maintain	7182
operations at the eligible computer data center during that term.	7183
An applicant does not violate the requirement described in	7184
division (E)(3) of this section if the applicant ceases operations	7185
at the eligible computer data center during the term of the	7186
agreement but resumes those operations within eighteen months	7187
after the date of cessation. The agreement shall provide that, in	7188
such a case, the applicant and any other taxpayer that operates a	7189
computer data center business at the project site shall not claim	7190
the tax exemption authorized in the agreement for any purchase of	7191
computer data center equipment made during the period in which the	7192
applicant did not maintain operations at the eligible computer	7193
data center.	7194

(4) A requirement that ~~during~~, for each year of the term of	7195
the agreement ~~the taxpayer~~beginning on or after the first day of	7196
the twenty-fifth month after the date the agreement was entered	7197
into, one or more taxpayers operating a computer data center	7198
business at the project site will, in the aggregate, pay annual	7199
compensation that is subject to the withholding obligation imposed	7200
under section 5747.06 of the Revised Code of at least ~~five~~one	7201
million five hundred thousand dollars to ~~its~~ employees at the	7202
eligible computer data center.	7203

(5) A requirement that ~~the~~each taxpayer subject to the	7204
agreement annually report to the director of development services	7205
employment, tax withholding, capital investment, and other	7206
information required by the director to perform the director's	7207
duties under this section.	7208

(6) A requirement that the director of development services	7209
annually review the annual reports of ~~the~~each taxpayer subject to	7210
the agreement to verify the information reported under division	7211
(E)(5) of this section and compliance with the agreement. Upon	7212
verification, the director shall issue a certificate to ~~the~~each	7213
such taxpayer stating that the information has been verified and	7214
that the taxpayer remains eligible for the exemption specified in	7215
the agreement.	7216

(7) A provision providing that the ~~taxpayer~~taxpayers subject	7217
to the agreement may not relocate a substantial number of	7218
employment positions from elsewhere in this state to the project	7219
site unless the director of development services determines that	7220
the appropriate taxpayer notified the legislative authority of the	7221
county, township, or municipal corporation from which the	7222
employment positions would be relocated. For purposes of this	7223
paragraph, the movement of an employment position from one	7224
political subdivision to another political subdivision shall be	7225
considered a relocation of an employment position unless the	7226
movement is confined to the project site. The transfer of an	7227
employment position from one political subdivision to another	7228
political subdivision shall not be considered a relocation of an	7229
employment position if the employment position in the first	7230
political subdivision is replaced by another employment position.	7231

(8) A waiver by ~~the~~each taxpayer subject to the agreement of	7232
any limitations periods relating to assessments or adjustments	7233
resulting from the taxpayer's failure to comply with the	7234
agreement.	7235

(F) The term of an agreement under this section shall be	7236
determined by the tax credit authority, and the amount of the	7237
exemption shall not exceed one hundred per cent of such taxes that	7238
would otherwise be owed in respect to the exempted computer data	7239
center equipment.	7240

(G) If aany taxpayer subject to an agreement under this	7241
section fails to meet or comply with any condition or requirement	7242
set forth in anthe agreement ~~under this section~~, the tax credit	7243
authority may amend the agreement to reduce the percentage of the	7244
exemption or term during which the exemption applies to the	7245
computer data center equipment used or to be used by the	7246
noncompliant taxpayer at an eligible computer data center. The	7247
reduction of the percentage or term may take effect in the current	7248
calendar year.	7249

(H) Financial statements and other information submitted to	7250
the department of development services or the tax credit authority	7251
by an applicant for or recipient of an exemption under this	7252
section, and any information taken for any purpose from such	7253
statements or information, are not public records subject to	7254
section 149.43 of the Revised Code. However, the chairperson of	7255
the authority may make use of the statements and other information	7256
for purposes of issuing public reports or in connection with court	7257
proceedings concerning tax exemption agreements under this	7258
section. Upon the request of the tax commissioner, the chairperson	7259
of the authority shall provide to the tax commissioner any	7260
statement or other information submitted by an applicant for or	7261
recipient of an exemption under this section. The tax commissioner	7262
shall preserve the confidentiality of the statement or other	7263
information.	7264

(I) The tax commissioner shall issue a direct payment permit	7265
under section 5739.031 of the Revised Code to aeach taxpayer ~~that~~	7266
~~enters into~~subject to an agreement under this section. Such	7267
direct payment permit shall authorize the taxpayer to pay any	7268
sales and use taxes due on purchases of computer data center	7269
equipment used or to be used in an eligible computer data center	7270
and to pay any sales and use taxes due on purchases of tangible	7271
personal property or taxable services other than computer data	7272
center equipment used or to be used in an eligible computer data	7273
center directly to the tax commissioner. Each such taxpayer shall	7274
pay pursuant to such direct payment permit all sales tax levied on	7275
such purchases under sections 5739.02, 5739.021, 5739.023, and	7276
5739.026 of the Revised Code and all use tax levied on such	7277
purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023	7278
of the Revised Code, consistent with the terms of the agreement	7279
entered into under this section.	7280

During the term of an agreement under this section ~~the~~each	7281
taxpayer subject to the agreement shall submit to the tax	7282
commissioner a return that shows the amount of computer data	7283
center equipment purchased for use at the eligible computer data	7284
center, the amount of tangible personal property and taxable	7285
services other than computer data center equipment purchased for	7286
use at the eligible computer data center, the amount of tax under	7287
Chapter 5739. or 5741. of the Revised Code that would be due in	7288
the absence of the agreement under this section, the exemption	7289
percentage for computer data center equipment specified in the	7290
agreement, and the amount of tax due under Chapter 5739. or 5741.	7291
of the Revised Code as a result of the agreement under this	7292
section. ~~The~~Each such taxpayer shall pay the tax shown on the	7293
return to be due in the manner and at the times as may be further	7294
prescribed by the tax commissioner. ~~The~~Each such taxpayer shall	7295
include a copy of the director of development services'	7296
certificate of verification issued under division (E)(6) of this	7297
section. Failure to submit a copy of the certificate with the	7298
return does not invalidate the claim for exemption if the taxpayer	7299
submits a copy of the certificate to the tax commissioner within	7300
sixty days after the tax commissioner requests it.	7301

(J) If the director of development services determines that a	7302
~~taxpayer that~~one or more taxpayers received an exemption ~~under~~	7303
~~this section is not complying~~from taxes due on the purchase of	7304
computer data center equipment purchased for use at a computer	7305
data center that no longer complies with the requirement under	7306
division (E)(3) of this section, the director shall notify the tax	7307
credit authority and, if applicable, the taxpayer that applied to	7308
enter the agreement for the exemption under division (C) if this	7309
section of the noncompliance. After receiving such a notice, and	7310
after giving ~~the~~each taxpayer subject to the agreement an	7311
opportunity to explain the noncompliance, the authority may	7312
terminate the agreement and require ~~the~~each such taxpayer to pay	7313
to the state all or a portion of the taxes that would have been	7314
owed in regards to the exempt equipment in previous years, all as	7315
determined under rules adopted pursuant to division (K) of this	7316
section. In determining the portion of the taxes that would have	7317
been owed on the previously exempted equipment to be paid to this	7318
state by ~~the~~a taxpayer, the authority shall consider the effect	7319
of market conditions on the ~~taxpayer's~~ eligible computer data	7320
center ~~and~~, whether the taxpayer continues to maintain other	7321
operations in this state, and, with respect to agreements	7322
involving multiple taxpayers, the taxpayer's level of	7323
responsibility for the noncompliance. After making the	7324
determination, the authority shall certify to the tax commissioner	7325
the amount to be paid by ~~the~~each taxpayer subject to the	7326
agreement. The tax commissioner shall make an assessment for that	7327
amount against ~~the~~each such taxpayer under Chapter 5739. or 5741.	7328
of the Revised Code. The time limitations on assessments under	7329
those chapters do not apply to an assessment under this division,	7330
but the tax commissioner shall make the assessment within one year	7331
after the date the authority certifies to the tax commissioner the	7332
amount to be paid by the taxpayer.	7333

(K) The director of development services, after consultation	7334
with the tax commissioner and in accordance with Chapter 119. of	7335
the Revised Code, shall adopt rules necessary to implement this	7336
section. The rules may provide for recipients of tax exemptions	7337
under this section to be charged fees to cover administrative	7338
costs incurred in the administration of this section. The fees	7339
collected shall be credited to the business assistance fund	7340
created in section 122.174 of the Revised Code. At the time the	7341
director gives public notice under division (A) of section 119.03	7342
of the Revised Code of the adoption of the rules, the director	7343
shall submit copies of the proposed rules to the chairpersons of	7344
the standing committees on economic development in the senate and	7345
the house of representatives.	7346

(L) On or before the first day of August of each year, the	7347
director of development services shall submit a report to the	7348
governor, the president of the senate, and the speaker of the	7349
house of representatives on the tax exemption authorized under	7350
this section. The report shall include information on the number	7351
of agreements that were entered into under this section during the	7352
preceding calendar year, a description of the eligible computer	7353
data center that is the subject of each such agreement, and an	7354
update on the status of eligible computer data centers under	7355
agreements entered into before the preceding calendar year.	7356

(M) A taxpayer may be made a party to an existing agreement	7357
entered into under this section by the tax credit authority and	7358
another taxpayer or group of taxpayers. In such a case, the	7359
taxpayer shall be entitled to all benefits and bound by all	7360
obligations contained in the agreement and all requirements	7361
described in this section. When an agreement includes multiple	7362
taxpayers, each taxpayer shall be entitled to a direct payment	7363
permit as authorized in division (I) of this section.	7364

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	7365
of the Revised Code:	7366

(A) "New technology" means the development through science or	7367
research of methods, processes, and procedures, including but not	7368
limited to those involving the processing and utilization of coal,	7369
for practical application in industrial or agribusiness	7370
situations.	7371

(B) "Industrial research" means study and investigation in	7372
giving new shapes, new qualities or new combinations to matter or	7373
material products by the application of labor thereto or the	7374
rehabilitation of an existing matter or material product.	7375

(C) "Enterprise" means a business with its principal place of	7376
business in this state or which proposes to be engaged in this	7377
state in research and development or in the provision of products	7378
or services involving a significant amount of new technology.	7379

(D) "Educational institutions" means nonprofit public and	7380
private colleges and universities, incorporated or unincorporated,	7381
in the state.	7382

(E) "Small business" means an enterprise with less than four	7383
hundred employees, including corporations, partnerships,	7384
unincorporated entities, proprietorships, and joint enterprises.	7385

(F) "Applied research" means the application of basic	7386
research for the development of new technology.	7387

Sec. 122.30. The ~~industrial technology and enterprise~~	7388
~~advisory council and the~~ director of development ~~are~~services is	7389
vested with the powers and duties provided in sections 122.28 and	7390
122.30 to 122.36 of the Revised Code, to promote the welfare of	7391
the people of the state through the interaction of the business	7392
and industrial community and educational institutions in the	7393
development of new technology and enterprise.	7394

(A) It is necessary for the state to establish the ~~industrial~~	7395
~~technology and enterprise advisory council and the~~ programs	7396
created pursuant to sections 122.28 and 122.30 to 122.36 of the	7397
Revised Code to accomplish the following purposes which are	7398
determined to be essential:	7399

(1) Improve the existing industrial and agricultural base of	7400
the state;	7401

(2) Improve the economy of the state by providing employment,	7402
increasing productivity, and slowing the rate of inflation;	7403

(3) Develop markets worldwide for the products of the state's	7404
natural resources and agricultural and manufacturing industries;	7405

(4) Maintain a high standard of living for the people of the	7406
state.	7407

(B) ~~The industrial technology and enterprise advisory council~~	7408
~~shall do all of the following:~~	7409

~~(1) Make recommendations to the director of development as to~~	7410
~~applications for assistance pursuant to sections 122.28 to 122.36~~	7411
~~of the Revised Code. The council may revise its recommendations to~~	7412
~~reflect any changes in the proposed assistance made by the~~	7413
~~director.~~	7414

~~(2) Advise the director in the administration of sections~~	7415
~~122.28 to 122.36 of the Revised Code;~~	7416

~~(3) Adopt bylaws to govern the conduct of the council's~~	7417
~~business.~~	7418

~~(C)~~ The director ~~of development~~ shall do all of the	7419
following:	7420

(1) Receive applications for assistance under sections 122.28	7421
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	7422
~~forward them to the council together with necessary supporting~~	7423
~~information~~;	7424

(2) ~~Receive the recommendations of the council and make~~Make	7425
a ~~final~~ determination whether to approve the application for	7426
assistance;	7427

(3) Transmit determinations to approve assistance exceeding	7428
forty thousand dollars to the controlling board, together with any	7429
information the controlling board requires, for the board's review	7430
and decision as to whether to approve the assistance;	7431

(4) Gather and disseminate information and conduct hearings,	7432
conferences, seminars, investigations, and special studies on	7433
problems and programs concerning industrial research and new	7434
technology and their commercial applications in the state;	7435

(5) Establish an annual program to recognize the	7436
accomplishments and contributions of individuals and organizations	7437
in the development of industrial research and new technology in	7438
the state;	7439

(6) Stimulate both public and industrial awareness and	7440
interest in industrial research and development of new technology	7441
primarily in the areas of industrial processes, implementation,	7442
energy, agribusiness, medical technology, avionics, and food	7443
processing;	7444

(7) Develop and implement comprehensive and coordinated	7445
policies, programs, and procedures promoting industrial research	7446
and new technology;	7447

(8) Propose appropriate legislation or executive actions to	7448
stimulate the development of industrial research and new	7449
technology by enterprises and individuals;	7450

(9) Encourage and facilitate contracts between industry,	7451
agriculture, educational institutions, federal agencies, and state	7452
agencies, with special emphasis on industrial research and new	7453
technology by small businesses and agribusiness;	7454

(10) Participate with any state agency in developing specific	7455
programs and goals to assist in the development of industrial	7456
research and new technology and monitor performance;	7457

(11) Assist enterprises in obtaining alternative forms of	7458
governmental or commercial financing for industrial research and	7459
new technology;	7460

(12) Assist enterprises or individuals in the implementation	7461
of new programs and policies and the expansion of existing	7462
programs to provide an atmosphere conducive to increased	7463
cooperation among and participation by individuals, enterprises,	7464
and educational institutions engaged in industrial research and	7465
the development of new technology;	7466

(13) Advertise, prepare, print, and distribute books, maps,	7467
pamphlets, and other information ~~which in the judgment of the~~	7468
~~director will further its purposes~~;	7469

(14) Include in the director's annual report to the governor	7470
and the general assembly a report on the activities for the	7471
preceding calendar year under sections 122.28 and 122.30 to 122.36	7472
of the Revised Code;	7473

(15) Approve the expenditure of money appropriated by the	7474
general assembly for the purpose of sections 122.28 and 122.30 to	7475
122.36 of the Revised Code;	7476

(16) Identify and implement federal research and development	7477
programs which would link Ohio's industrial base, research	7478
facilities, and natural resources;	7479

(17) Employ and fix the compensation of technical and	7480
professional personnel, who shall be in the unclassified civil	7481
service, and employ other personnel, who shall be in the	7482
classified civil service, as necessary to carry out the provisions	7483
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	7484

Sec. 122.31. All expenses and obligations incurred by the	7485
director of development ~~and the industrial technology and~~	7486
~~enterprise advisory council~~services in carrying out ~~their~~the	7487
director's powers and ~~in exercising their~~ duties under sections	7488
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	7489
revenues or other receipts or income from grants, gifts,	7490
contributions, compensation, reimbursement, and funds established	7491
in accordance with those sections or general revenue funds	7492
appropriated by the general assembly for operating expenses of the	7493
director ~~or council~~.	7494

Sec. 122.32. The director of development services, on behalf	7495
of the programs authorized pursuant to sections 122.28 and 122.30	7496
to 122.36 of the Revised Code, may receive and accept grants,	7497
gifts, and contributions of money, property, labor, and other	7498
things of value to be held, used, and applied only for the purpose	7499
for which the grants, gifts, and contributions are made, from	7500
individuals, private and public corporations, from the United	7501
States or any agency of the United States, and from any political	7502
subdivision of the state. The director may agree to repay any	7503
contribution of money or to return any property contributed or its	7504
value at times, in amounts, and on terms and conditions excluding	7505
the payment of interest as the director determines at the time the	7506
contribution is made. The director may evidence the obligation by	7507
written contracts, subject to section 122.31 of the Revised Code,	7508
provided that the director shall not thereby incur indebtedness of	7509
or impose liability upon the state or any political subdivision.	7510

Sec. 122.33. The director of development services shall	7511
administer the following programs:	7512

(A) The industrial technology and enterprise development	7513
grant program, to provide capital to acquire, construct, enlarge,	7514
improve, or equip and to sell, lease, exchange, and otherwise	7515
dispose of property, structures, equipment, and facilities within	7516
the state.	7517

Such funding may be made to enterprises that propose to	7518
develop new products or technologies when the director finds all	7519
of the following factors to be present:	7520

(1) The undertaking will benefit the people of the state by	7521
creating or preserving jobs and employment opportunities or	7522
improving the economic welfare of the people of the state, and	7523
promoting the development of new technology.	7524

(2) There is reasonable assurance that the potential	7525
royalties to be derived from the sale of the product or process	7526
described in the proposal will be sufficient to repay the funding	7527
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	7528
Code and that, in making the agreement, as it relates to patents,	7529
copyrights, and other ownership rights, there is reasonable	7530
assurance that the resulting new technology will be utilized to	7531
the maximum extent possible in facilities located in Ohio.	7532

(3) The technology and research to be undertaken will allow	7533
enterprises to compete more effectively in the marketplace. Grants	7534
of capital may be in such form and conditioned upon such terms as	7535
the ~~board~~director deems appropriate.	7536

(B) The industrial technology and enterprise resources	7537
program to provide for the collection, dissemination, and exchange	7538
of information regarding equipment, facilities, and business	7539
planning consultation resources available in business, industry,	7540
and educational institutions and to establish methods by which	7541
small businesses may use available facilities and resources. The	7542
methods may include, but need not be limited to, leases	7543
reimbursing the educational institutions for their actual costs	7544
incurred in maintaining the facilities and agreements assigning	7545
royalties from development of successful products or processes	7546
through the use of the facilities and resources. The director	7547
shall operate this program in conjunction with the board of	7548
regents.	7549

(C) The Thomas Alva Edison grant program to provide grants to	7550
foster research, development, or technology transfer efforts	7551
involving enterprises and educational institutions that will lead	7552
to the creation of jobs. The director may utilize the Edison	7553
center network in carrying out the goals and objectives of this	7554
program. For the purposes of this division, "Edison center	7555
network" means the six cooperative research and development	7556
facilities in this state that receive funding under this division,	7557
are nonprofit organizations, have been in existence at least	7558
eighteen years as of the effective date of this amendment, and	7559
have experience in delivering manufacturing extension partnership	7560
program services to companies in this state.	7561

(1) Grants may be made to a nonprofit organization or a	7562
public or private educational institution, department, college,	7563
institute, faculty member, or other administrative subdivision or	7564
related entity of an educational institution when the director	7565
finds that the undertaking will benefit the people of the state by	7566
supporting research in advanced technology areas likely to improve	7567
the economic welfare of the people of the state through promoting	7568
the development of new commercial technology.	7569

(2) Grants may be made in a form and conditioned upon terms	7570
as the director considers appropriate.	7571

(3) Grants made under this program shall in all instances be	7572
in conjunction with a contribution to the project by a cooperating	7573
enterprise which maintains or proposes to maintain a relevant	7574
research, development, or manufacturing facility in the state, by	7575
a nonprofit organization, or by an educational institution or	7576
related entity; however, funding provided by an educational	7577
institution or related entity shall not be from general revenue	7578
funds appropriated by the Ohio general assembly. No grant made	7579
under this program shall exceed the contribution made by the	7580
cooperating enterprise, nonprofit organization, or educational	7581
institution or related entity. The director may consider	7582
cooperating contributions in the form of state of the art new	7583
equipment or in other forms provided the director determines that	7584
the contribution is essential to the successful implementation of	7585
the project. The director may adopt rules or guidelines for the	7586
valuation of contributions of equipment or other property.	7587

(4) The director may determine fields of research from which	7588
grant applications will be accepted under this program.	7589

Sec. 122.34. The exercise of the powers granted by sections	7590
122.28 and 122.30 to 122.36 of the Revised Code will be in all	7591
respects for the benefit of the people of the state, for the	7592
improvement of commerce and prosperity, improvement of employment	7593
conditions, and will constitute the performance of essential	7594
governmental functions.	7595

Sec. 122.35. All moneys received under sections 122.28 and	7596
122.30 to 122.36 of the Revised Code are trust funds to be held	7597
and applied solely as provided in those sections and section	7598
166.03 of the Revised Code. All moneys, except when deposited with	7599
the treasurer of the state, shall be kept and secured in	7600
depositories as selected by the director of development services	7601
in the manner provided in sections 135.01 to 135.21 of the Revised	7602
Code, insofar as those sections are applicable. All moneys held by	7603
the director in trust to carry out the purposes of sections 122.28	7604
and 122.30 to 122.36 of the Revised Code shall be used as provided	7605
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	7606
no time be part of other public funds.	7607

Sec. 122.36. Any materials or data submitted to, made	7608
available to, or received by the director of development~~, the~~	7609
~~industrial technology and enterprise advisory council,~~services or	7610
the controlling board, to the extent that the material or data	7611
consist of trade secrets, as defined in section 1333.61 of the	7612
Revised Code, or commercial or financial information, regarding	7613
projects are not public records for the purposes of section 149.43	7614
of the Revised Code.	7615

Sec. 122.58. Moneys in the funds established pursuant to	7616
Chapter 122. of the Revised Code, except as otherwise provided in	7617
any proceedings authorizing revenue bonds or in any trust	7618
agreement securing such bonds, in excess of current needs, may be	7619
invested in notes, bonds, or other obligations which are direct	7620
obligations of or are guaranteed by the United States, in	7621
certificates of deposit or other withdrawable accounts of banks,	7622
trust companies, and building and loan or savings and loan	7623
associations organized under the laws of the state or the United	7624
States, or in the manner provided in any agreement entered into	7625
pursuant to section 169.05 of the Revised Code.	7626

Income from all such investments of moneys in any fund shall	7627
be credited to such funds as the director of development	7628
determines subject to the provisions of any bond issuance	7629
proceedings or trust agreement, and such investments may be sold	7630
at such time as the director shall determine, provided	7631
certificates of deposit or other withdrawable accounts may be sold	7632
only in accordance with division (B) of section 169.05 or	7633
divisions ~~(D) and~~ (E) and (F) of section 169.08 of the Revised	7634
Code.	7635

Sec. 122.657. For the purposes of sections 122.65 to 122.658	7636
of the Revised Code, the director of development shall establish	7637
policies and requirements regarding all of the following:	7638

(A) The form and content of applications for grants or loans	7639
from the clean Ohio revitalization fund under section 122.652 of	7640
the Revised Code. The policies and requirements shall require that	7641
each application include, at a minimum, all of the following:	7642

(1) The name, address, and telephone number of the applicant;

7643

(2) The legal description of the property for which the grant	7644
or loan is requested;	7645

(3) A summary description of the hazardous substances or	7646
petroleum present at the brownfield and a certified copy of the	7647
results of an assessment;	7648

(4) A detailed explanation of the proposed cleanup or	7649
remediation of the brownfield, including an identification of the	7650
applicable cleanup standards, and a detailed description of the	7651
proposed use of the brownfield after completion of the cleanup or	7652
remediation;	7653

(5) An estimate of the total cost to clean up or remediate	7654
the brownfield in order to comply with the applicable cleanup	7655
standards. The total cost shall include the cost of employing a	7656
certified professional under section 122.654 of the Revised Code.	7657

(6) A detailed explanation of the portion of the estimated	7658
total cost of the cleanup or remediation of the brownfield that	7659
the applicant proposes to provide as required under sections	7660
122.653 and 122.658 of the Revised Code and financial records	7661
supporting the proposal;	7662

(7) A certified copy of a resolution or ordinance approving	7663
the project that the applicant shall obtain from the board of	7664
township trustees of the township or the legislative authority of	7665
the municipal corporation in which the property is located,	7666
whichever is applicable;	7667

(8) A description of the estimated economic benefit that will	7668
result from a cleanup or remediation of the brownfield;	7669

(9) An application summary for purposes of review by an	7670
integrating committee or, if applicable, the executive committee	7671
of an integrating committee under division (B) of section 122.652	7672
of the Revised Code;	7673

(10) With respect to applications for loans, information	7674
demonstrating that the applicant will implement a financial	7675
management plan that includes, without limitation, provisions for	7676
the satisfactory repayment of the loan;	7677

(11) Any other provisions that the director determines should	7678
be included in an application.	7679

(B) Procedures for conducting public meetings and providing	7680
public notice under division (A) of section 122.652 of the Revised	7681
Code;	7682

(C) Criteria to be used by integrating committees or, if	7683
required under division (C) of section 122.652 of the Revised	7684
Code, executive committees of integrating committees when	7685
prioritizing projects under division (B) of section 122.652 of the	7686
Revised Code. The policies and requirements also shall establish	7687
procedures that integrating committees or, if required under	7688
division (C) of section 122.652 of the Revised Code, executive	7689
committees of integrating committees shall use in applying the	7690
criteria.	7691

(D) A selection process that provides for the prioritization	7692
of brownfield cleanup or remediation projects for which grant or	7693
loan applications are submitted under section 122.652 of the	7694
Revised Code. The policies and requirements shall require the	7695
selection process to give priority to projects in which the	7696
post-cleanup or remediation use will be for a combination of	7697
residential, commercial, or industrial purposes, which may include	7698
the conversion of a portion of a brownfield to a recreation, park,	7699
or natural area that is integrated with the residential,	7700
commercial, or industrial use of the brownfield after cleanup or	7701
remediation, or will incorporate projects that are funded by	7702
grants awarded under sections 164.20 to 164.27 of the Revised	7703
Code. The policies and requirements shall require the selection	7704
process to incorporate and emphasize all of the following factors:	7705

(1) The potential economic benefit that will result from the	7706
cleanup or remediation of a brownfield;	7707

(2) The potential environmental improvement that will result	7708
from the cleanup or remediation of a brownfield;	7709

(3) The amount and nature of the match provided by an	7710
applicant as required under sections 122.653 and 122.658 of the	7711
Revised Code;	7712

(4) Funding priorities recommended by integrating committees	7713
or, if required under division (C) of section 122.652 of the	7714
Revised Code, executive committees of integrating committees under	7715
division (B) of section 122.652 of the Revised Code;	7716

(5) The potential benefit to low-income communities,	7717
including minority communities, that will result from the cleanup	7718
or remediation of a brownfield;	7719

(6) Any other factors that the director considers	7720
appropriate.	7721

(E) The development of criteria that the director shall use	7722
when awarding grants under section 122.656 of the Revised Code.	7723
The criteria shall give priority to public health projects. In	7724
addition, the director, in consultation with the director of	7725
environmental protection, shall establish policies and	7726
requirements that require the criteria to include a public health	7727
project selection process that incorporates and emphasizes all of	7728
the following factors:	7729

(1) The potential environmental improvement that will result	7730
from the cleanup or remediation;	7731

(2) The ability of an applicant to access the property for	7732
purposes of the cleanup or remediation;	7733

(3) The name and qualifications of the cleanup or remediation	7734
contractor;	7735

(4) Any other factors that the director of development	7736
considers appropriate.	7737

The director of development may develop any other policies	7738
and requirements that the director determines are necessary for	7739
the administration of section 122.656 of the Revised Code.	7740

(F) The development of a brownfield cleanup and remediation	7741
oversight program to ensure compliance with sections 122.65 to	7742
122.658 of the Revised Code and policies and requirements	7743
established under this section. The policies and requirements	7744
shall require the program to include, at a minimum, both of the	7745
following:	7746

(1) Procedures for the accounting of invoices and receipts	7747
and any other documents that are necessary to demonstrate that a	7748
cleanup or remediation was properly performed;	7749

(2) Procedures that are necessary to provide a detailed	7750
explanation of the status of the property five years after the	7751
completed cleanup or remediation.	7752

(G) A delineation of what constitutes administrative costs	7753
for purposes of divisions (D) and (F) of section 122.658 of the	7754
Revised Code;	7755

(H) Procedures and requirements for making loans and loan	7756
agreements that include at least all of the following:	7757

(1) Not more than fifteen per cent of moneys annually	7758
allocated to the clean Ohio revitalization fund shall be used for	7759
loans.	7760

(2) The loans shall be made at or below market rates of	7761
interest, including, without limitation, interest-free loans.	7762

(3) The recipient of a loan shall identify a source of	7763
security and a source of repayment of the loan.	7764

(4) ~~All payments of principal and interest on a loan shall be~~	7765
~~deposited in the state treasury and credited to the clean Ohio~~	7766
~~revitalization revolving loan fund.~~	7767

~~(5)~~ The clean Ohio council may accept notes and other forms	7768
of obligation to evidence indebtedness, accept mortgages, liens,	7769
pledges, assignments, and other security interests to secure such	7770
indebtedness, and take any actions that are considered by the	7771
council to be appropriate to protect such security and safeguard	7772
against losses, including, without limitation, foreclosure and	7773
bidding on the purchase of property upon foreclosure or other	7774
sale.	7775

(I) Any other policies and requirements that the director	7776
determines are necessary for the administration of sections 122.65	7777
to 122.658 of the Revised Code.	7778

Sec. 122.658. (A) The clean Ohio revitalization fund is	7779
hereby created in the state treasury. The fund shall consist of	7780
moneys credited to it pursuant to section 151.40 of the Revised	7781
Code. Moneys in the fund shall be used to make grants or loans for	7782
projects that have been approved by the clean Ohio council in	7783
accordance with section 122.653 of the Revised Code, except that	7784
the council annually shall devote twenty per cent of the net	7785
proceeds of obligations deposited in the clean Ohio revitalization	7786
fund for the purposes of section 122.656 of the Revised Code.	7787

Moneys in the clean Ohio revitalization fund may be used to	7788
pay reasonable costs incurred by the department of development and	7789
the environmental protection agency in administering sections	7790
122.65 to 122.658 of the Revised Code. All investment earnings of	7791
the fund shall be credited to the fund. Investment earnings	7792
credited to the clean Ohio revitalization fund may be used to pay	7793
costs incurred by the department of development and the	7794
environmental protection agency pursuant to sections 122.65 to	7795
122.658 of the Revised Code.	7796

The department of development shall administer the clean Ohio	7797
revitalization fund in accordance with this section, policies and	7798
requirements established under section 122.657 of the Revised	7799
Code, and the terms of agreements entered into by the council	7800
under section 122.653 of the Revised Code.	7801

(B) Grants awarded and loans made under section 122.653 of	7802
the Revised Code shall provide not more than seventy-five per cent	7803
of the estimated total cost of a project. A grant or loan to any	7804
one project shall not exceed three million dollars. An applicant	7805
shall provide at least twenty-five per cent of the estimated total	7806
cost of a project. The applicant's share may consist of one or a	7807
combination of any of the following:	7808

(1) Payment of the cost of acquiring the property for the	7809
purposes of sections 122.65 to 122.658 of the Revised Code;	7810

(2) Payment of the reasonable cost of an assessment at the	7811
property;	7812

(3) The reasonable value, as determined by the council, of	7813
labor and materials that will be contributed by the applicant in	7814
performing the cleanup or remediation;	7815

(4) Moneys received by the applicant in any form for use in	7816
performing the cleanup or remediation;	7817

(5) Loans secured by the applicant for the purpose of the	7818
cleanup or remediation of the brownfield.	7819

Costs that were incurred more than two years prior to the	7820
submission of an application to the clean Ohio council for the	7821
acquisition of property, assessments, and labor and materials	7822
shall not be used as part of the applicant's matching share.	7823

(C) The department of development shall not make any payment	7824
to an applicant from the clean Ohio revitalization fund to pay	7825
costs of the applicant that were not included in an application	7826
for a grant or loan under section 122.653 of the Revised Code or	7827
that exceed the amount of the estimated total cost of the project	7828
included in the application. If, upon completion of a project, the	7829
costs of the project are less than the amounts included in the	7830
application, the amounts included in the application less the	7831
amounts of the actual costs of the project shall be credited to	7832
the clean Ohio revitalization fund. However, the amounts credited	7833
shall be equivalent in percentage to the percentage of the costs	7834
of the project that were to be funded by the grant or loan from	7835
the fund.	7836

(D) Grants awarded or loans made under section 122.653 of the	7837
Revised Code from the clean Ohio revitalization fund shall be used	7838
by an applicant only to pay the costs of the actual cleanup or	7839
remediation of a brownfield and shall not be used by an applicant	7840
to pay any administrative costs incurred by the applicant. Costs	7841
related to the use of a certified professional for purposes of	7842
section 122.654 of the Revised Code are not administrative costs	7843
and may be paid with moneys from grants awarded or loans made	7844
under section 122.653 of the Revised Code.	7845

(E) The portion of net proceeds of obligations devoted under	7846
division (A) of this section for the purposes of section 122.656	7847
of the Revised Code shall be used to make grants for assessments,	7848
cleanup or remediation of brownfields, and public health projects	7849
that have been approved by the director of development under that	7850
section. The department of development shall administer section	7851
122.656 of the Revised Code in accordance with this section,	7852
policies and requirements established under section 122.657 of the	7853
Revised Code, and the terms of agreements entered into by the	7854
director under section 122.656 of the Revised Code. The director	7855
shall not grant more than twenty-five million dollars for public	7856
health projects under section 122.656 of the Revised Code.	7857

(F) Grants awarded under section 122.656 of the Revised Code	7858
shall be used by an applicant only to pay the costs of actually	7859
conducting an assessment, a cleanup or remediation of a	7860
brownfield, or a public health project and shall not be used by an	7861
applicant to pay any administrative costs incurred by the	7862
applicant. Costs related to the use of a certified professional	7863
for purposes of section 122.654 of the Revised Code are not	7864
administrative costs and may be paid with moneys from grants	7865
awarded under section 122.656 of the Revised Code.	7866

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	7867
~~hereby created in the state treasury. Payments of principal and~~	7868
~~interest on loans made from the clean Ohio revitalization fund~~	7869
~~shall be credited to this revolving loan fund, as shall payments~~	7870
~~of principal and interest on loans made from the revolving loan~~	7871
~~fund itself. The revolving loan fund's investment earnings shall~~	7872
~~be credited to it.~~	7873

~~(2) The clean Ohio revitalization revolving loan fund shall~~	7874
~~be used to make loans for the same purposes and subject to the~~	7875
~~same policies, requirements, criteria, and application procedures~~	7876
~~as loans made from the clean Ohio revitalization fund.~~	7877

Sec. 122.66. As used in sections 122.66 to 122.702 of the	7878
Revised Code:	7879

(A) "Poverty line" means the official poverty line	7880
established by the director of the United States office of	7881
management and budget and as revised by the ~~director~~secretary of	7882
~~the office of community~~health and human services in accordance	7883
with section 673(2) of the "Community Services Block Grant Act,"	7884
95 Stat. 1609, 42 U.S.C.A. 9902.	7885

(B) "Low-income person" means a person whose adjusted gross	7886
income as defined in division (A) of section 5747.01 of the	7887
Revised Code is below the poverty line as defined in division (A)	7888
of this section.	7889

(C) "Advocacy" means the act of pleading for, supporting, or	7890
recommending actions on behalf of low-income persons.	7891

(D) "Community action agency" means a community-based and	7892
operated private nonprofit agency or organization that includes or	7893
is designed to include a sufficient number of projects or	7894
components to provide a range of services and activities having a	7895
measurable and potentially major impact on the causes of poverty	7896
in the community or those areas of the community where poverty is	7897
a particularly acute problem and is designated as a community	7898
action agency by the ~~office of~~ community services division	7899
pursuant to sections 122.68 and 122.69 of the Revised Code.	7900

(E) "Community" means a city, village, county, multicity or	7901
multicounty unit, a neighborhood or other area, disregarding	7902
boundaries or political subdivisions, which provides a suitable	7903
organizational base and possesses a commonality of needs and	7904
interests for a community action program suitable to be served by	7905
a community action agency.	7906

(F) "Service area" means the geographical area served by a	7907
community action agency.	7908

Sec. 122.67. There is hereby created in the ~~department of~~	7909
development services agency the ~~office of~~ community services	7910
division. The director of development services shall employ and	7911
fix the compensation of professional and technical unclassified	7912
personnel as necessary to carry out the provisions of sections	7913
122.66 to 122.701 of the Revised Code.	7914

Sec. 122.68. The ~~office of~~ community services division	7915
shall:	7916

(A) Administer all federal funds appropriated to the state	7917
from the "Community Services Block Grant Act," 95 Stat. 511, 42	7918
U.S.C.A. 9901, and comply with requirements imposed by that act in	7919
its application for, and administration of, the funds;	7920

(B) Designate community action agencies to receive community	7921
services block grant funds;	7922

(C) Disburse at least ninety-five per cent or such other	7923
higher maximum amount as may from time to time be designated by	7924
congress of the funds received in the state from the "Community	7925
Services Block Grant Act" to community action agencies that comply	7926
with the requirements of section 122.69 of the Revised Code and	7927
migrant and seasonal farm worker organizations that are not	7928
designated community action agencies but which provide the	7929
services described in division (B)(1) of section 122.69 of the	7930
Revised Code.	7931

(D) Provide technical assistance to community action agencies	7932
to improve program planning, development, and administration;	7933

(E) Conduct yearly performance assessments, according to	7934
criteria determined by ~~department of~~ development services agency	7935
rule, to determine whether community action agencies are in	7936
compliance with section 122.69 of the Revised Code;	7937

(F) Annually prepare and submit to the United States	7938
secretary of health and human services, the governor, the	7939
president of the Ohio senate, and the speaker of the Ohio house of	7940
representatives, a comprehensive report that includes:	7941

(1) Certification that all community action agencies	7942
designated to receive funds from the "Community Services Block	7943
Grant Act" are in compliance with section 122.69 of the Revised	7944
Code;	7945

(2) A program plan for the next federal fiscal year that has	7946
been made available for public inspection and that details how	7947
community services block grant funds will be disbursed and used	7948
during that fiscal year;	7949

(3) Information detailing how funds were expended for the	7950
current fiscal year;	7951

(4) An audit of community services block grant expenditures	7952
for the preceding federal fiscal year that is conducted in	7953
accordance with generally accepted accounting principles by an	7954
independent auditing firm that has no connection with any	7955
community action agency receiving community services block grant	7956
funds or with any employee of the ~~office~~division.	7957

(G) Serve as a statewide advocate for social and economic	7958
opportunities for low-income persons.	7959

Sec. 122.681. (A) Except as permitted by this section, or	7960
when required by federal law, no person or government entity shall	7961
solicit, release, disclose, receive, use, or knowingly permit or	7962
participate in the use of any information regarding an individual	7963
receiving assistance pursuant to a community services division	7964
program under sections 122.66 to 122.702 of the Revised Code for	7965
any purpose not directly related to the administration of a	7966
division assistance program.	7967

(B) To the extent permitted by federal law, the division, and	7968
any entity that receives division funds to administer a division	7969
program to assist individuals, shall release information regarding	7970
an individual assistance recipient to the following:	7971

(1) A government entity responsible for administering the	7972
assistance program for purposes directly related to the	7973
administration of the program;	7974

(2) A law enforcement agency for the purpose of any	7975
investigation, prosecution, or criminal or civil proceeding	7976
relating to the administration of the assistance program;	7977

(3) A government entity responsible for administering a	7978
children's protective services program, for the purpose of	7979
protecting children.	7980

(C) To the extent permitted by federal law and section	7981
1347.08 of the Revised Code, the division, and any entity	7982
administering a division program, shall provide access to	7983
information regarding an individual assistance recipient to all of	7984
the following:	7985

(1) The individual assistance recipient;

7986

(2) The authorized representative of the individual	7987
assistance recipient;	7988

(3) The legal guardian of the individual assistance	7989
recipient;	7990

(4) The attorney of the individual assistance recipient.

7991

(D) To the extent permitted by federal law, the division, and	7992
any entity administering a division program, may do either of the	7993
following:	7994

(1) Release information about an individual assistance	7995
recipient if the recipient gives voluntary, written authorization;	7996

(2) Release information regarding an individual assistance	7997
recipient to a state, federal, or federally assisted program that	7998
provides cash or in-kind assistance or services directly to	7999
individuals based on need.	8000

(E) The community services division, or an entity	8001
administering a division program, shall provide, at no cost, a	8002
copy of each written authorization to the individual who signed	8003
it.	8004

(F) The development services agency may adopt rules defining	8005
who may serve as an individual assistance recipient's authorized	8006
representative for purposes of division (C)(2) of this section.	8007

Sec. 122.69. (A) Any nonprofit agency or organization	8008
seeking designation as a community action agency by the ~~office of~~	8009
community services division shall obtain the endorsement of the	8010
chief elected officials of at least two-thirds of the municipal	8011
corporations and the counties within the community to be served by	8012
the agency or organization.	8013

(B) Any nonprofit agency or organization that receives the	8014
endorsement provided for in division (A) of this section shall be	8015
designated by the ~~office~~division as the community action agency	8016
for the community it serves and shall receive community services	8017
block grant funds for any period of time that the nonprofit agency	8018
or organization:	8019

(1) Provides a range of services and opportunities having a	8020
measurable and potentially major impact on the causes of poverty	8021
in the community or those areas of the community where poverty is	8022
a particularly acute problem. These activities may include but	8023
shall not be limited to:	8024

(a) Providing activities designed to assist low-income	8025
persons, including elderly and handicapped low-income persons, to:	8026

(i) Secure and maintain meaningful employment, training, work	8027
experience, and unsubsidized employment;	8028

(ii) Attain an adequate education;

8029

(iii) Make better use of available income;

8030

(iv) Obtain and maintain adequate housing and a suitable	8031
living environment;	8032

(v) Obtain emergency assistance through loans or grants to	8033
meet immediate and urgent individual and family needs, including	8034
the need for health services, nutritious food, housing, and	8035
employment-related assistance;	8036

(vi) Remove obstacles and solve personal and family problems	8037
that block the achievement of self-sufficiency;	8038

(vii) Achieve greater participation in the affairs of the	8039
community;	8040

(viii) Undertake family planning, consistent with personal	8041
and family goals and religious and moral convictions;	8042

(ix) Obtain energy assistance, conservation, and	8043
weatherization services.	8044

(b) Providing, on an emergency basis, supplies and services,	8045
nutritious foodstuffs, and related services necessary to	8046
counteract conditions of starvation and malnutrition among	8047
low-income persons;	8048

(c) Coordinating and establishing links between government	8049
and other social services programs to assure the effective	8050
delivery of services to low-income individuals;	8051

(d) Providing child care services, nutrition and health	8052
services, transportation services, alcoholism and narcotic	8053
addiction prevention and rehabilitation services, youth	8054
development services, and community services to elderly and	8055
handicapped persons;	8056

(e) Encouraging entities in the private sector to participate	8057
in efforts to ameliorate poverty in the community.	8058

(2) Annually submits to the ~~office of community services~~	8059
division a program plan and budget for use of community services	8060
block grant funds for the next federal fiscal year. At least ten	8061
days prior to its submission to the ~~office of community services~~	8062
division, a copy of the program plan and budget shall be made	8063
available to the chief elected officials of the municipal	8064
corporations and counties within the service area in order to	8065
provide them the opportunity to review and comment upon such plan	8066
and budget.	8067

(3) Composes its board of directors in compliance with	8068
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	8069
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	8070
shall consist of not less than fifteen nor more than thirty-three	8071
members;	8072

(4) Complies with the prohibitions against discrimination and	8073
political activity, as provided in the "Community Services Block	8074
Grant Act";	8075

(5) Complies with fiscal and program requirements established	8076
by ~~department of~~ development services agency rule.	8077

Sec. 122.70. The board of directors of a community action	8078
agency shall:	8079

(A) Select, appoint, and may remove the executive director of	8080
the community action agency;	8081

(B) Approve contracts, annual program budgets, and policies	8082
of the community action agency;	8083

(C) Advise the elected officials of any political subdivision	8084
located within its service area, and state and federal elected	8085
officials who represent its service area, of the nature and extent	8086
of poverty within its community, and advise them of any needed	8087
changes;	8088

(D) Convene public meetings to provide community members the	8089
opportunity to comment on public policies and programs to reduce	8090
poverty;	8091

(E) Annually evaluate the policies and programs of the	8092
community action agency according to criteria determined by	8093
~~department of~~ development services agency rule;	8094

(F) Submit the results of the evaluation required by division	8095
(E) of this section, along with recommendations for improved	8096
administration of the community action agency, to the ~~office of~~	8097
community services division;	8098

(G) Adopt a code of ethics for the board of directors and the	8099
employees of the community action agency;	8100

(H) Adopt written policies describing all of the following:

8101

(1) How the community action agency is to expend and	8102
distribute the community services block grant funds that it	8103
receives from the ~~office of community services~~division under	8104
sections 122.68 and 122.69 of the Revised Code;	8105

(2) The salary, benefits, travel expenses, and any other	8106
compensation that persons are to receive for serving on the	8107
community action agency's board of directors;	8108

(3) The operating procedures to be used by the board to	8109
conduct its meetings, to vote on all official business it	8110
considers, and to provide notice of its meetings.	8111

(I) Provide for the posting of notices in a conspicuous place	8112
indicating that the code of ethics described in division (G) of	8113
this section and the policies described in division (H) of this	8114
section are available for public inspection at the community	8115
action agency during normal business hours.	8116

Sec. 122.701. (A) Prior to designating a new community	8117
action agency or rescinding a community action agency's	8118
designation, the ~~office of~~ community services division shall:	8119

(1) Determine whether a community action agency is in	8120
compliance with section 122.69 of the Revised Code;	8121

(2) Consult with the chief elected officials of political	8122
subdivisions located within a community action agency's service	8123
area, and, in designating a new community action agency, obtain	8124
their endorsement of the agency in accordance with division (A) of	8125
section 122.69 of the Revised Code;	8126

(3) Hold at least one public meeting within a community	8127
action agency's service area for the purpose of allowing citizens	8128
to comment on the community action agency's delivery of services;	8129

(4) Evaluate the proposed service area of the community	8130
action agency, and, as may be necessary, modify the boundaries of	8131
the service area so that low-income persons in the area are	8132
adequately and efficiently served.	8133

(B) After providing notice and hearing pursuant to sections	8134
119.01 to 119.13 of the Revised Code, the director of development	8135
services:	8136

(1) May rescind the designation of a community action agency	8137
~~if he finds~~after finding that the agency is not in compliance	8138
with any or all of the provisions of section 122.69 of the Revised	8139
Code;	8140

(2) Shall rescind the designation of a community action	8141
agency upon notification from the chief elected officials of more	8142
than one-half of the municipal corporations and the counties	8143
within a community currently served by a community action agency	8144
that such agency is not endorsed by them and ~~upon a~~after finding	8145
~~by him~~ that the agency is not in compliance with section 122.69 of	8146
the Revised Code.	8147

Any agency whose designation is rescinded pursuant to this	8148
section may appeal from an order rescinding such designation	8149
pursuant to section 119.12 of the Revised Code.	8150

Sec. 122.76. (A) The director of development services, with	8151
controlling board approval, may lend funds to minority business	8152
enterprises and to community improvement corporations, Ohio	8153
development corporations, minority contractors business assistance	8154
organizations, and minority business supplier development councils	8155
for the purpose of loaning funds to minority business enterprises	8156
~~and~~, for the purpose of procuring or improving real or personal	8157
property, or both, for the establishment, location, or expansion	8158
of industrial, distribution, commercial, or research facilities in	8159
the state, and for the purpose of contract financing, and to	8160
community development corporations that predominantly benefit	8161
minority business enterprises or are located in a census tract	8162
that has a population that is sixty per cent or more minority, if	8163
the director determines, in the director's sole discretion, that	8164
all of the following apply:	8165

(1) The project is economically sound and will benefit the	8166
people of the state by increasing opportunities for employment, by	8167
strengthening the economy of the state, or expanding minority	8168
business enterprises.	8169

(2) The proposed minority business enterprise borrower is	8170
unable to finance the proposed project through ordinary financial	8171
channels at comparable terms.	8172

(3) The value of the project is or, upon completion, will be	8173
at least equal to the total amount of the money expended in the	8174
procurement or improvement of the project.	8175

(4) The amount to be loaned by the director will not exceed	8176
seventy-five per cent of the total amount expended in the	8177
procurement or improvement of the project.	8178

(5) The amount to be loaned by the director will be	8179
adequately secured by a first or second mortgage upon the project	8180
or by mortgages, leases, liens, assignments, or pledges on or of	8181
other property or contracts as the director requires, and such	8182
mortgage will not be subordinate to any other liens or mortgages	8183
except the liens securing loans or investments made by financial	8184
institutions referred to in division (A)(3) of this section, and	8185
the liens securing loans previously made by any financial	8186
institution in connection with the procurement or expansion of all	8187
or part of a project.	8188

(B) Any proposed minority business enterprise borrower	8189
submitting an application for assistance under this section shall	8190
not have defaulted on a previous loan from the director, and no	8191
full or limited partner, major shareholder, or holder of an equity	8192
interest of the proposed minority business enterprise borrower	8193
shall have defaulted on a loan from the director.	8194

(C) The proposed minority business enterprise borrower shall	8195
demonstrate to the satisfaction of the director that it is able to	8196
successfully compete in the private sector if it obtains the	8197
necessary financial, technical, or managerial support and that	8198
support is available through the director, the minority business	8199
development office of the ~~department of~~ development services	8200
agency, or other identified and acceptable sources. In determining	8201
whether a minority business enterprise borrower will be able to	8202
successfully compete, the director may give consideration to such	8203
factors as the successful completion of or participation in	8204
courses of study, recognized by the board of regents as providing	8205
financial, technical, or managerial skills related to the	8206
operation of the business, by the economically disadvantaged	8207
individual, owner, or partner, and the prior success of the	8208
individual, owner, or partner in personal, career, or business	8209
activities, as well as to other factors identified by the	8210
director.	8211

(D) The director shall not lend funds for the purpose of	8212
procuring or improving motor vehicles or accounts receivable.	8213

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

8214

(1) "Certified engine configuration" means a new, rebuilt, or	8215
remanufactured engine configuration that satisfies divisions	8216
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	8217
section:	8218

(a) It has been certified by the administrator of the United	8219
States environmental protection agency or the California air	8220
resources board.	8221

(b) It meets or is rebuilt or remanufactured to a more	8222
stringent set of engine emission standards than when originally	8223
manufactured, as determined pursuant to Subtitle G of Title VII of	8224
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	8225
et seq.	8226

(c) In the case of a certified engine configuration involving	8227
the replacement of an existing engine, an engine configuration	8228
that replaced an engine that was removed from the vehicle and	8229
returned to the supplier for remanufacturing to a more stringent	8230
set of engine emissions standards or for scrappage.	8231

(2) "Section 793" means section 793 of the Energy Policy Act	8232
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	8233

(3) "Verified technology" means a pollution control	8234
technology, including a retrofit technology, advanced truckstop	8235
electrification system, or auxiliary power unit, that has been	8236
verified by the administrator of the United States environmental	8237
protection agency or the California air resources board.	8238

(B) For the purpose of reducing emissions from diesel	8239
engines, the director of environmental protection shall administer	8240
a diesel emissions reduction grant program and a diesel emissions	8241
reduction revolving loan program. The programs shall provide for	8242
the implementation in this state of section 793 and shall	8243
otherwise be administered in compliance with the requirements of	8244
section 793, and any regulations issued pursuant to that section.	8245

The director shall apply to the administrator of the United	8246
States environmental protection agency for grant or loan funds	8247
available under section 793 to help fund the diesel emissions	8248
reduction grant program and the diesel emissions reduction	8249
revolving loan program.	8250

(C) ~~There is hereby created in the state treasury the diesel~~	8251
~~emissions grant fund consisting of money appropriated to it by the~~	8252
~~general assembly, any grants obtained from the federal government~~	8253
~~under section 793, and any other grants, gifts, or other~~	8254
~~contributions of money made to the credit of the fund. Money in~~	8255
~~the fund shall be used for the purpose of making grants for~~	8256
~~projects relating to certified engine configurations and verified~~	8257
~~technologies in a manner consistent with the requirements of~~	8258
~~section 793 and any regulations issued under that section.~~	8259
~~Interest earned from moneys in the fund shall be used to~~	8260
~~administer the diesel emissions reduction grant program.~~	8261

~~(D)~~ There is hereby created in the state treasury the diesel	8262
emissions reduction revolving loan fund consisting of money	8263
appropriated to it by the general assembly, any grants obtained	8264
from the federal government under section 793, and any other	8265
grants, gifts, or other contributions of money made to the credit	8266
of the fund. Money in the fund shall be used for the purpose of	8267
making loans for projects relating to certified engine	8268
configurations and verified technologies in a manner consistent	8269
with the requirements of section 793 and any regulations issued	8270
pursuant to that section. Interest earned from moneys in the fund	8271
shall be used to administer the diesel emissions reduction	8272
revolving loan program.	8273

Sec. 123.01. (A) The department of administrative services,	8274
in addition to those powers enumerated in Chapters 124. and 125.	8275
of the Revised Code and provided elsewhere by law, shall exercise	8276
the following powers:	8277

(1) To prepare and suggest comprehensive plans for the	8278
development of grounds and buildings under the control of a state	8279
agency;	8280

(2) To acquire, by purchase, gift, devise, lease, or grant,	8281
all real estate required by a state agency, in the exercise of	8282
which power the department may exercise the power of eminent	8283
domain, in the manner provided by sections 163.01 to 163.22 of the	8284
Revised Code;	8285

(3) To erect, supervise, and maintain all public monuments	8286
and memorials erected by the state, except where the supervision	8287
and maintenance is otherwise provided by law;	8288

(4) To procure, by lease, storage accommodations for a state	8289
agency;	8290

(5) To lease or grant easements or licenses for unproductive	8291
and unused lands or other property under the control of a state	8292
agency. Such leases, easements, or licenses may be granted to any	8293
person or entity, shall be for a period not to exceed fifteen	8294
years, and shall be executed for the state by the director of	8295
administrative services, provided that the director shall grant	8296
leases, easements, or licenses of university land for periods not	8297
to exceed twenty-five years for purposes approved by the	8298
respective university's board of trustees wherein the uses are	8299
compatible with the uses and needs of the university and may grant	8300
leases of university land for periods not to exceed forty years	8301
for purposes approved by the respective university's board of	8302
trustees pursuant to section 123.17 of the Revised Code.	8303

(6) To lease space for the use of a state agency;

8304

(7) To have general supervision and care of the storerooms,	8305
offices, and buildings leased for the use of a state agency;	8306

(8) To exercise general custodial care of all real property	8307
of the state;	8308

(9) To assign and group together state offices in any city in	8309
the state and to establish, in cooperation with the state agencies	8310
involved, rules governing space requirements for office or storage	8311
use;	8312

(10) To lease for a period not to exceed forty years,	8313
pursuant to a contract providing for the construction thereof	8314
under a lease-purchase plan, buildings, structures, and other	8315
improvements for any public purpose, and, in conjunction	8316
therewith, to grant leases, easements, or licenses for lands under	8317
the control of a state agency for a period not to exceed forty	8318
years. The lease-purchase plan shall provide that at the end of	8319
the lease period, the buildings, structures, and related	8320
improvements, together with the land on which they are situated,	8321
shall become the property of the state without cost.	8322

(a) Whenever any building, structure, or other improvement is	8323
to be so leased by a state agency, the department shall retain	8324
either basic plans, specifications, bills of materials, and	8325
estimates of cost with sufficient detail to afford bidders all	8326
needed information or, alternatively, all of the following plans,	8327
details, bills of materials, and specifications:	8328

(i) Full and accurate plans suitable for the use of mechanics	8329
and other builders in the improvement;	8330

(ii) Details to scale and full sized, so drawn and	8331
represented as to be easily understood;	8332

(iii) Accurate bills showing the exact quantity of different	8333
kinds of material necessary to the construction;	8334

(iv) Definite and complete specifications of the work to be	8335
performed, together with such directions as will enable a	8336
competent mechanic or other builder to carry them out and afford	8337
bidders all needed information;	8338

(v) A full and accurate estimate of each item of expense and	8339
of the aggregate cost thereof.	8340

(b) The department shall give public notice, in such	8341
newspaper, in such form, and with such phraseology as the director	8342
of administrative services prescribes, published once each week	8343
for four consecutive weeks, of the time when and place where bids	8344
will be received for entering into an agreement to lease to a	8345
state agency a building, structure, or other improvement. The last	8346
publication shall be at least eight days preceding the day for	8347
opening the bids. The bids shall contain the terms upon which the	8348
builder would propose to lease the building, structure, or other	8349
improvement to the state agency. The form of the bid approved by	8350
the department shall be used, and a bid is invalid and shall not	8351
be considered unless that form is used without change, alteration,	8352
or addition. Before submitting bids pursuant to this section, any	8353
builder shall comply with Chapter 153. of the Revised Code.	8354

(c) On the day and at the place named for receiving bids for	8355
entering into lease agreements with a state agency, the director	8356
of administrative services shall open the bids and shall publicly	8357
proceed immediately to tabulate the bids upon duplicate sheets. No	8358
lease agreement shall be entered into until the bureau of workers'	8359
compensation has certified that the person to be awarded the lease	8360
agreement has complied with Chapter 4123. of the Revised Code,	8361
until, if the builder submitting the lowest and best bid is a	8362
foreign corporation, the secretary of state has certified that the	8363
corporation is authorized to do business in this state, until, if	8364
the builder submitting the lowest and best bid is a person	8365
nonresident of this state, the person has filed with the secretary	8366
of state a power of attorney designating the secretary of state as	8367
its agent for the purpose of accepting service of summons in any	8368
action brought under Chapter 4123. of the Revised Code, and until	8369
the agreement is submitted to the attorney general and the	8370
attorney general's approval is certified thereon. Within thirty	8371
days after the day on which the bids are received, the department	8372
shall investigate the bids received and shall determine that the	8373
bureau and the secretary of state have made the certifications	8374
required by this section of the builder who has submitted the	8375
lowest and best bid. Within ten days of the completion of the	8376
investigation of the bids, the department shall award the lease	8377
agreement to the builder who has submitted the lowest and best bid	8378
and who has been certified by the bureau and secretary of state as	8379
required by this section. If bidding for the lease agreement has	8380
been conducted upon the basis of basic plans, specifications,	8381
bills of materials, and estimates of costs, upon the award to the	8382
builder the department, or the builder with the approval of the	8383
department, shall appoint an architect or engineer licensed in	8384
this state to prepare such further detailed plans, specifications,	8385
and bills of materials as are required to construct the building,	8386
structure, or improvement. The department shall adopt such rules	8387
as are necessary to give effect to this section. The department	8388
may reject any bid. Where there is reason to believe there is	8389
collusion or combination among bidders, the bids of those	8390
concerned therein shall be rejected.	8391

(11) To acquire by purchase, gift, devise, or grant and to	8392
transfer, lease, or otherwise dispose of all real property	8393
required to assist in the development of a conversion facility as	8394
defined in section 5709.30 of the Revised Code as that section	8395
existed before its repeal by Amended Substitute House Bill 95 of	8396
the 125th general assembly;	8397

(12) To lease for a period not to exceed forty years,	8398
notwithstanding any other division of this section, the	8399
state-owned property located at 408-450 East Town Street,	8400
Columbus, Ohio, formerly the state school for the deaf, to a	8401
developer in accordance with this section. "Developer," as used in	8402
this section, has the same meaning as in section 123.77 of the	8403
Revised Code.	8404

Such a lease shall be for the purpose of development of the	8405
land for use by senior citizens by constructing, altering,	8406
renovating, repairing, expanding, and improving the site as it	8407
existed on June 25, 1982. A developer desiring to lease the land	8408
shall prepare for submission to the department a plan for	8409
development. Plans shall include provisions for roads, sewers,	8410
water lines, waste disposal, water supply, and similar matters to	8411
meet the requirements of state and local laws. The plans shall	8412
also include provision for protection of the property by insurance	8413
or otherwise, and plans for financing the development, and shall	8414
set forth details of the developer's financial responsibility.	8415

The department may employ, as employees or consultants,	8416
persons needed to assist in reviewing the development plans. Those	8417
persons may include attorneys, financial experts, engineers, and	8418
other necessary experts. The department shall review the	8419
development plans and may enter into a lease if it finds all of	8420
the following:	8421

(a) The best interests of the state will be promoted by	8422
entering into a lease with the developer;	8423

(b) The development plans are satisfactory;

8424

(c) The developer has established the developer's financial	8425
responsibility and satisfactory plans for financing the	8426
development.	8427

The lease shall contain a provision that construction or	8428
renovation of the buildings, roads, structures, and other	8429
necessary facilities shall begin within one year after the date of	8430
the lease and shall proceed according to a schedule agreed to	8431
between the department and the developer or the lease will be	8432
terminated. The lease shall contain such conditions and	8433
stipulations as the director considers necessary to preserve the	8434
best interest of the state. Moneys received by the state pursuant	8435
to this lease shall be paid into the general revenue fund. The	8436
lease shall provide that at the end of the lease period the	8437
buildings, structures, and related improvements shall become the	8438
property of the state without cost.	8439

(13) To manage the use of space owned and controlled by the	8440
department, including space in property under the jurisdiction of	8441
the Ohio building authority, by doing all of the following:	8442

(a) Biennially implementing, by state agency location, a	8443
census of agency employees assigned space;	8444

(b) Periodically in the discretion of the director of	8445
administrative services:	8446

(i) Requiring each state agency to categorize the use of	8447
space allotted to the agency between office space, common areas,	8448
storage space, and other uses, and to report its findings to the	8449
department;	8450

(ii) Creating and updating a master space utilization plan	8451
for all space allotted to state agencies. The plan shall	8452
incorporate space utilization metrics.	8453

(iii) Conducting a cost-benefit analysis to determine the	8454
effectiveness of state-owned buildings;	8455

(iv) Assessing the alternatives associated with consolidating	8456
the commercial leases for buildings located in Columbus.	8457

(c) Commissioning a comprehensive space utilization and	8458
capacity study in order to determine the feasibility of	8459
consolidating existing commercially leased space used by state	8460
agencies into a new state-owned facility.	8461

(14) To adopt rules to ensure that energy efficiency and	8462
conservation is considered in the purchase of products and	8463
equipment, except motor vehicles, by any state agency, department,	8464
division, bureau, office, unit, board, commission, authority,	8465
quasi-governmental entity, or institution. The department may	8466
require minimum energy efficiency standards for purchased products	8467
and equipment based on federal testing and labeling if available	8468
or on standards developed by the department. When possible, the	8469
rules shall apply to the competitive selection of energy consuming	8470
systems, components, and equipment under Chapter 125. of the	8471
Revised Code.	8472

(15) To ensure energy efficient and energy conserving	8473
purchasing practices by doing all of the following:	8474

(a) Identifying available energy efficiency and conservation	8475
opportunities;	8476

(b) Providing for interchange of information among purchasing	8477
agencies;	8478

(c) Identifying laws, policies, rules, and procedures that	8479
should be modified;	8480

(d) Monitoring experience with and the cost-effectiveness of	8481
this state's purchase and use of motor vehicles and of major	8482
energy-consuming systems, components, equipment, and products	8483
having a significant impact on energy consumption by the	8484
government;	8485

(e) Providing technical assistance and training to state	8486
employees involved in the purchasing process;	8487

(f) Working with the ~~department of~~ development services	8488
agency to make recommendations regarding planning and	8489
implementation of purchasing policies and procedures that are	8490
supportive of energy efficiency and conservation.	8491

(16) To require all state agencies, departments, divisions,	8492
bureaus, offices, units, commissions, boards, authorities,	8493
quasi-governmental entities, institutions, and state institutions	8494
of higher education to implement procedures to ensure that all of	8495
the passenger automobiles they acquire in each fiscal year, except	8496
for those passenger automobiles acquired for use in law	8497
enforcement or emergency rescue work, achieve a fleet average fuel	8498
economy of not less than the fleet average fuel economy for that	8499
fiscal year as the department shall prescribe by rule. The	8500
department shall adopt the rule prior to the beginning of the	8501
fiscal year, in accordance with the average fuel economy standards	8502
established by federal law for passenger automobiles manufactured	8503
during the model year that begins during the fiscal year.	8504

Each state agency, department, division, bureau, office,	8505
unit, commission, board, authority, quasi-governmental entity,	8506
institution, and state institution of higher education shall	8507
determine its fleet average fuel economy by dividing the total	8508
number of passenger vehicles acquired during the fiscal year,	8509
except for those passenger vehicles acquired for use in law	8510
enforcement or emergency rescue work, by a sum of terms, each of	8511
which is a fraction created by dividing the number of passenger	8512
vehicles of a given make, model, and year, except for passenger	8513
vehicles acquired for use in law enforcement or emergency rescue	8514
work, acquired during the fiscal year by the fuel economy measured	8515
by the administrator of the United States environmental protection	8516
agency, for the given make, model, and year of vehicle, that	8517
constitutes an average fuel economy for combined city and highway	8518
driving.	8519

As used in division (A)(16) of this section, "acquired" means	8520
leased for a period of sixty continuous days or more, or	8521
purchased.	8522

(B) This section and section 125.02 of the Revised Code shall	8523
not interfere with any of the following:	8524

(1) The power of the adjutant general to purchase military	8525
supplies, or with the custody of the adjutant general of property	8526
leased, purchased, or constructed by the state and used for	8527
military purposes, or with the functions of the adjutant general	8528
as director of state armories;	8529

(2) The power of the director of transportation in acquiring	8530
rights-of-way for the state highway system, or the leasing of	8531
lands for division or resident district offices, or the leasing of	8532
lands or buildings required in the maintenance operations of the	8533
department of transportation, or the purchase of real property for	8534
garage sites or division or resident district offices, or in	8535
preparing plans and specifications for and constructing such	8536
buildings as the director may require in the administration of the	8537
department;	8538

(3) The power of the director of public safety and the	8539
registrar of motor vehicles to purchase or lease real property and	8540
buildings to be used solely as locations to which a deputy	8541
registrar is assigned pursuant to division (B) of section 4507.011	8542
of the Revised Code and from which the deputy registrar is to	8543
conduct the deputy registrar's business, the power of the director	8544
of public safety to purchase or lease real property and buildings	8545
to be used as locations for division or district offices as	8546
required in the maintenance of operations of the department of	8547
public safety, and the power of the superintendent of the state	8548
highway patrol in the purchase or leasing of real property and	8549
buildings needed by the patrol, to negotiate the sale of real	8550
property owned by the patrol, to rent or lease real property owned	8551
or leased by the patrol, and to make or cause to be made repairs	8552
to all property owned or under the control of the patrol;	8553

(4) The power of the division of liquor control in the	8554
leasing or purchasing of retail outlets and warehouse facilities	8555
for the use of the division;	8556

(5) The power of the director of development services to	8557
enter into leases of real property, buildings, and office space to	8558
be used solely as locations for the state's foreign offices to	8559
carry out the purposes of section 122.05 of the Revised Code;	8560

(6) The power of the director of environmental protection to	8561
enter into environmental covenants, to grant and accept easements,	8562
or to sell property pursuant to division (G) of section 3745.01 of	8563
the Revised Code.	8564

(C) Purchases for, and the custody and repair of, buildings	8565
under the management and control of the capitol square review and	8566
advisory board, the ~~rehabilitation services commission~~	8567
opportunities for Ohioans with disabilities agency, the bureau of	8568
workers' compensation, or the departments of public safety, job	8569
and family services, ~~mental health~~mental health and addiction	8570
services, developmental disabilities, and rehabilitation and	8571
correction; buildings of educational and benevolent institutions	8572
under the management and control of boards of trustees; and	8573
purchases or leases for, and the custody and repair of, office	8574
space used for the purposes of the joint legislative ethics	8575
committee are not subject to the control and jurisdiction of the	8576
department of administrative services.	8577

If the joint legislative ethics committee so requests, the	8578
committee and the director of administrative services may enter	8579
into a contract under which the department of administrative	8580
services agrees to perform any services requested by the committee	8581
that the department is authorized under this section to perform.	8582

(D) Any instrument by which real property is acquired	8583
pursuant to this section shall identify the agency of the state	8584
that has the use and benefit of the real property as specified in	8585
section 5301.012 of the Revised Code.	8586

Sec. 123.10. (A) As used in this section and section 123.11	8587
of the Revised Code, "public exigency" means an injury or	8588
obstruction that occurs in any public works of the state	8589
maintained by the director of administrative services and that	8590
materially impairs its immediate use or places in jeopardy	8591
property adjacent to it; an immediate danger of such an injury or	8592
obstruction; or an injury or obstruction, or an immediate danger	8593
of an injury or obstruction, that occurs in any public works of	8594
the state maintained by the director of administrative services	8595
and that materially impairs its immediate use or places in	8596
jeopardy property adjacent to it.	8597

(B) When a declaration of public exigency is issued pursuant	8598
to division (C) of this section, ~~the director of administrative~~	8599
~~services may request~~ the Ohio facilities construction commission	8600
toshall enter into contracts with proper persons for the	8601
performance of labor, the furnishing of materials, or the	8602
construction of any structures and buildings necessary to the	8603
maintenance, control, and management of the public works of the	8604
state or any part of those public works. Any contracts awarded for	8605
the work performed pursuant to the declaration of a public	8606
exigency may be awarded without competitive bidding or selection	8607
as set forth in Chapter 153. of the Revised Code.	8608

(C) The executive director of ~~administrative services~~the	8609
Ohio facilities construction commission may issue a declaration of	8610
a public exigency on the executive director's own initiative or	8611
upon the request of the director of any state agency. The	8612
executive director's declaration shall identify the specific	8613
injury, obstruction, or danger that is the subject of the	8614
declaration and shall set forth a dollar limitation for the	8615
repair, removal, or prevention of that exigency under the	8616
declaration.	8617

Before any project to repair, remove, or prevent a public	8618
exigency under the executive director's declaration may begin, the	8619
executive director shall send notice of the project, in writing,	8620
to the director of budget and management and to the members of the	8621
controlling board. That notice shall detail the project to be	8622
undertaken to address the public exigency and shall include a copy	8623
of the executive director's declaration that establishes the	8624
monetary limitations on that project.	8625

Sec. 123.11. When a public exigency, as defined in division	8626
(A) of section 123.10 of the Revised Code, exists, the executive	8627
director of ~~administrative services~~the Ohio facilities	8628
construction commission may take possession of lands and use them,	8629
or materials and other property necessary for the maintenance,	8630
protection, or repair of the public works, in accordance with	8631
sections 163.01 to 163.22 of the Revised Code.	8632

Sec. 123.19. There is hereby established in the state	8633
treasury the theater equipment maintenance fund. All appropriate	8634
theater-related revenues of the department of administrative	8635
services, as determined by the department, shall be credited to	8636
that fund and to any accounts created in that fund with the	8637
department's approval. All appropriate theater-related expenses of	8638
the department, as determined by the department, including	8639
reimbursement of, or payment to, any other fund or any	8640
governmental agency for advances made or services rendered to or	8641
on behalf of the department, shall be paid from that fund as	8642
determined by or pursuant to directions of the department. All	8643
investment earnings of that fund shall be credited to it and shall	8644
be allocated among any accounts created in the fund in the manner	8645
determined by the department.	8646

Sec. 123.201. (A) There is hereby created in the state	8647
treasury the Ohio facilities construction commission fund,	8648
consisting of transfers of moneys authorized by the general	8649
assembly and revenues received by the Ohio facilities construction	8650
commission under section 123.21 of the Revised Code. Investment	8651
earnings on moneys in the fund shall be credited to the fund.	8652
Moneys in the fund may be used by the commission, in performing	8653
its duties under this chapter, to pay personnel and other	8654
administrative expenses, to pay the cost of preparing building	8655
design specifications, to pay the cost of providing project	8656
management services, and for other purposes determined by the	8657
commission to be necessary to fulfill its duties under this	8658
chapter.	8659

(B)(1) There is hereby created in the state treasury the	8660
cultural and sports facilities building fund, consisting of	8661
proceeds of obligations authorized to pay costs of Ohio cultural	8662
facilities and Ohio sports facilities for which appropriations are	8663
made by the general assembly. All investment earnings of the fund	8664
shall be credited to the fund.	8665

(2) Upon the request of the executive director of the Ohio	8666
facilities construction commission and subject to applicable tax	8667
law limitations, the director of budget and management may	8668
transfer to the Ohio cultural facilities administration fund	8669
moneys credited to the cultural and sports facilities building	8670
fund to pay the costs of administering projects funded through the	8671
cultural and sports facilities building fund.	8672

(C) There is hereby created in the state treasury the Ohio	8673
cultural facilities administration fund, consisting of transfers	8674
of money authorized by the general assembly and revenues received	8675
by the commission under division (A)(9) of section 123.21 of the	8676
Revised Code. Moneys in the fund may be used by the Ohio	8677
facilities construction commission in administering projects	8678
funded through the cultural and sports facilities building fund	8679
pursuant to sections 123.28 and 128.281 of the Revised Code. All	8680
investment earnings of that fund shall be credited to it and shall	8681
be allocated among any accounts created in the fund in the manner	8682
determined by the commission.	8683

(D)(1) There is hereby created in the state treasury the	8684
capital donations fund, which shall be administered by the Ohio	8685
facilities construction commission. The fund consists of gifts,	8686
grants, devises, bequests, and other financial contributions made	8687
to the commission for the construction or improvement of cultural	8688
and sports facilities and shall be used in accordance with the	8689
specific purposes for which the gifts, grants, devises, bequests,	8690
or other financial contributions are made. All investment earnings	8691
of the fund shall be credited to the fund. Chapters 123., 125.,	8692
127., and 153. and section 3517.13 of the Revised Code do not	8693
apply to contract obligations paid from the fund, notwithstanding	8694
anything to the contrary in those chapters or that section.	8695

(2) Not later than one month following the end of each	8696
quarter of the fiscal year, the commission shall allocate the	8697
amounts credited to the fund from investment earnings during that	8698
preceding quarter of the fiscal year among the specific projects	8699
for which they are to be used and shall certify this information	8700
to the director of budget and management.	8701

(3) If the amounts credited to the fund for a particular	8702
project exceed what is required to complete that project, the	8703
commission may refund any of those excess amounts, including	8704
unexpended investment earnings attributable to those amounts, to	8705
the entity from which they were received.	8706

Sec. 123.21. (A) The Ohio facilities construction commission	8707
may perform any act and ensure the performance of any function	8708
necessary or appropriate to carry out the purposes of, and	8709
exercise the powers granted under this chapter or any other	8710
provision of the Revised Code, including any of the following:	8711

(1) Prepare, or contract to be prepared, by licensed	8712
engineers or architects, surveys, general and detailed plans,	8713
specifications, bills of materials, and estimates of cost for any	8714
projects, improvements, or public buildings to be constructed by	8715
state agencies that may be authorized by legislative	8716
appropriations or any other funds made available therefor,	8717
provided that the construction of the projects, improvements, or	8718
public buildings is a statutory duty of the commission. This	8719
section does not require the independent employment of an	8720
architect or engineer as provided by section 153.01 of the Revised	8721
Code in the cases to which section 153.01 of the Revised Code	8722
applies. This section does not affect or alter the existing powers	8723
of the director of transportation.	8724

(2) Have general supervision over the construction of any	8725
projects, improvements, or public buildings constructed for a	8726
state agency and over the inspection of materials prior to their	8727
incorporation into those projects, improvements, or buildings.	8728

(3) Make contracts for and supervise the design and	8729
construction of any projects and improvements or the construction	8730
and repair of buildings under the control of a state agency. All	8731
such contracts may be based in whole or in part on the unit price	8732
or maximum estimated cost, with payment computed and made upon	8733
actual quantities or units.	8734

(4) Adopt, amend, and rescind rules pertaining to the	8735
administration of the construction of the public works of the	8736
state as required by law, in accordance with Chapter 119. of the	8737
Revised Code.	8738

(5) Contract with, retain the services of, or designate, and	8739
fix the compensation of, such agents, accountants, consultants,	8740
advisers, and other independent contractors as may be necessary or	8741
desirable to carry out the programs authorized under this chapter,	8742
or authorize the executive director to perform such powers and	8743
duties.	8744

(6) Receive and accept any gifts, grants, donations, and	8745
pledges, and receipts therefrom, to be used for the programs	8746
authorized under this chapter.	8747

(7) Make and enter into all contracts, commitments, and	8748
agreements, and execute all instruments, necessary or incidental	8749
to the performance of its duties and the execution of its rights	8750
and powers under this chapter, or authorize the executive director	8751
to perform such powers and duties.	8752

(8) Debar a contractor as provided in section 153.02 of the	8753
Revised Code.	8754

(9) Enter into and administer cooperative agreements for	8755
cultural projects, as provided in sections 123.28 and 123.281 of	8756
the Revised Code.	8757

(B) The commission shall appoint and fix the compensation of	8758
an executive director who shall serve at the pleasure of the	8759
commission. The executive director shall exercise all powers that	8760
the commission possesses, supervise the operations of the	8761
commission, and perform such other duties as delegated by the	8762
commission. The executive director also shall employ and fix the	8763
compensation of such employees as will facilitate the activities	8764
and purposes of the commission, who shall serve at the pleasure of	8765
the executive director. The employees of the commission are exempt	8766
from Chapter 4117. of the Revised Code and are not considered	8767
public employees as defined in section 4117.01 of the Revised	8768
Code. Any agreement entered into prior to July 1, 2012, between	8769
the office of collective bargaining and the exclusive	8770
representative for employees of the commission is binding and	8771
shall continue to have effect.	8772

(C) The attorney general shall serve as the legal	8773
representative for the commission and may appoint other counsel as	8774
necessary for that purpose in accordance with section 109.07 of	8775
the Revised Code.	8776

Sec. 123.27. (A) As used in this section:

8777

"Capital facilities project" means the construction,	8778
reconstruction, improvement, enlargement, alteration, or repair of	8779
a building by a public entity.	8780

"Public entity" includes a state agency and a state	8781
institution of higher education.	8782

"State institution of higher education" has the same meaning	8783
as in section 3345.011 of the Revised Code.	8784

(B) Commencing not later than July 1, 2012, and upon	8785
completion of a capital facilities project that is funded wholly	8786
or in part using state funds, each public entity shall submit a	8787
report about the project to the executive director of the Ohio	8788
facilities construction commission. The report shall be submitted	8789
in Ohio administrative knowledge system capital improvement format	8790
or in a manner determined by the executive director and not later	8791
than thirty days after the project is complete. The report shall	8792
provide the total original contract bid, total cost of change	8793
orders, total actual cost of the project, total costs incurred for	8794
mediation and litigation services, and any other data requested by	8795
the executive director. The first report submitted pursuant to	8796
this division shall include information about any capital	8797
facilities project completed on or after July 1, 2011. Any capital	8798
facilities project that is funded wholly or in part through	8799
appropriations made to the Ohio school facilities commission,or	8800
the Ohio public works commission, ~~or the Ohio cultural facilities~~	8801
~~commission,~~ or for which a joint use agreement has been entered	8802
into with any public entity, is exempt from the reporting	8803
requirement prescribed under this division.	8804

(C) Commencing not later than July 1, 2012, and annually	8805
thereafter, the attorney general shall report to the executive	8806
director of the Ohio facilities construction commission on any	8807
mediation and litigation costs associated with capital facilities	8808
projects for which a judgment has been rendered. The report shall	8809
be submitted in a manner prescribed by the executive director and	8810
shall contain any information requested by the executive director	8811
related to capital facilities project mediation and litigation	8812
costs.	8813

(D) As soon as practicable after such information is made	8814
available, the executive director of the Ohio facilities	8815
construction commission shall incorporate the information reported	8816
pursuant to divisions (B) and (C) of this section into the Ohio	8817
administrative knowledge system.	8818

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	8819
section 123.281 of the Revised Code:	8820

(A) "Culture" means any of the following:

8821

(1) Visual, musical, dramatic, graphic, design, and other	8822
arts, including, but not limited to, architecture, dance,	8823
literature, motion pictures, music, painting, photography,	8824
sculpture, and theater, and the provision of training or education	8825
in these arts;	8826

(2) The presentation or making available, in museums or other	8827
indoor or outdoor facilities, of principles of science and their	8828
development, use, or application in business, industry, or	8829
commerce or of the history, heritage, development, presentation,	8830
and uses of the arts described in division (A)(1) of this section	8831
and of transportation;	8832

(3) The preservation, presentation, or making available of	8833
features of archaeological, architectural, environmental, or	8834
historical interest or significance in a state historical facility	8835
or a local historical facility.	8836

(B) "Cultural organization" means either of the following:

8837

(1) A governmental agency or Ohio nonprofit corporation,	8838
including the Ohio historical society, that provides programs or	8839
activities in areas directly concerned with culture;	8840

(2) A regional arts and cultural district as defined in	8841
section 3381.01 of the Revised Code.	8842

(C) "Cultural project" means all or any portion of an Ohio	8843
cultural facility for which the general assembly has ~~specifically~~	8844
~~authorized the spending of money, or~~ made an appropriation,	8845
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	8846
~~Revised Code~~or has specifically authorized the spending of money	8847
or the making of rental payments relating to the financing of	8848
construction.	8849

(D) "Cooperative contract" means a contract between the Ohio	8850
~~cultural~~ facilities construction commission and a cultural	8851
organization providing the terms and conditions of the cooperative	8852
use of an Ohio cultural facility.	8853

(E) "Costs of operation" means amounts required to manage an	8854
Ohio cultural facility that are incurred following the completion	8855
of construction of its cultural project, provided that both of the	8856
following apply:	8857

(1) Those amounts either:

8858

(a) Have been committed to a fund dedicated to that purpose;

8859

(b) Equal the principal of any endowment fund, the income	8860
from which is dedicated to that purpose.	8861

(2) The commission and the cultural organization have	8862
executed an agreement with respect to either of those funds.	8863

(F) ~~"General building services" means general building~~	8864
~~services for an Ohio cultural facility or an Ohio sports facility,~~	8865
~~including, but not limited to, general custodial care, security,~~	8866
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	8867
~~fire safety, grounds and site maintenance and upkeep, and~~	8868
~~plumbing.~~	8869

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	8870
~~state-supported or state-assisted institution of higher education,~~	8871
a municipal corporation, county, township, or school district, a	8872
port authority created under Chapter 4582. of the Revised Code,	8873
any other political subdivision or special district in this state	8874
established by or pursuant to law, or any combination of these	8875
entities; except where otherwise indicated, the United States or	8876
any department, division, or agency of the United States, or any	8877
agency, commission, or authority established pursuant to an	8878
interstate compact or agreement.	8879

~~(H)~~(G) "Local contributions" means the value of an asset	8880
provided by or on behalf of a cultural organization from sources	8881
other than the state, the value and nature of which shall be	8882
approved by the Ohio ~~cultural~~ facilities construction commission,	8883
in its sole discretion. "Local contributions" may include the	8884
value of the site where a cultural project is to be constructed.	8885
All "local contributions," except a contribution attributable to	8886
such a site, shall be for the costs of construction of a cultural	8887
project or the creation or expansion of an endowment for the costs	8888
of operation of a cultural facility.	8889

~~(I)~~(H) "Local historical facility" means a site or facility,	8890
other than a state historical facility, of archaeological,	8891
architectural, environmental, or historical interest or	8892
significance, or a facility, including a storage facility,	8893
appurtenant to the operations of such a site or facility, that is	8894
owned by a cultural organization~~, provided the facility meets the~~	8895
~~requirements of division (K)(2)(b) of this section, is managed by~~	8896
~~or pursuant to a contract with the Ohio cultural facilities~~	8897
~~commission,~~ and is used for or in connection with ~~the~~cultural	8898
activities ~~of the commission~~, including the presentation or making	8899
available of culture to the public.	8900

~~(J)~~(I) "Manage," "operate," or "management" means the	8901
provision of, or the exercise of control over the provision of,	8902
activities:	8903

(1) Relating to culture for an Ohio cultural facility,	8904
including as applicable, but not limited to, providing for	8905
displays, exhibitions, specimens, and models; booking of artists,	8906
performances, or presentations; scheduling; and hiring or	8907
contracting for directors, curators, technical and scientific	8908
staff, ushers, stage managers, and others directly related to the	8909
cultural activities in the facility; but not including general	8910
building services;	8911

(2) Relating to sports and athletic events for an Ohio sports	8912
facility, including as applicable, but not limited to, providing	8913
for booking of athletes, teams, and events; scheduling; and hiring	8914
or contracting for staff, ushers, managers, and others directly	8915
related to the sports and athletic events in the facility; but not	8916
including general building services.	8917

~~(K)~~(J) "Ohio cultural facility" means any of the following:

8918

(1) The theaters located in the state office tower at 77	8919
South High street in Columbus;	8920

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	8921
~~of the following apply:~~	8922

~~(a) The construction of a cultural project related to the~~	8923
~~facility was authorized or funded by the general assembly pursuant~~	8924
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	8925
~~proceeds of state bonds are used for costs of the cultural~~	8926
~~project.~~	8927

~~(b) The facility~~that is managed directly by, or is subject	8928
to a cooperative or management contract with, the Ohio ~~cultural~~	8929
facilities construction commission~~, and is used for or in~~	8930
~~connection with the activities of the commission, including the~~	8931
~~presentation or making available of culture to the public and the~~	8932
~~provision of training or education in culture~~.	8933

(3) A state historical facility or a local historical	8934
facility.	8935

~~(L) "State agency" means the state or any of its branches,~~	8936
~~officers, boards, commissions, authorities, departments,~~	8937
~~divisions, or other units or agencies.~~	8938

~~(M)~~(K) "Construction" includes acquisition, including	8939
acquisition by lease-purchase, demolition, reconstruction,	8940
alteration, renovation, remodeling, enlargement, improvement, site	8941
improvements, and related equipping and furnishing.	8942

~~(N)~~(L) "State historical facility" means a site or facility	8943
that has all of the following characteristics:	8944

(1) It is created, supervised, operated, protected,	8945
maintained, and promoted by the Ohio historical society pursuant	8946
to the society's performance of public functions under sections	8947
149.30 and 149.302 of the Revised Code.	8948

(2) Its title must reside wholly or in part with the state,	8949
the society, or both the state and the society.	8950

(3) It is managed directly by or is subject to a cooperative	8951
or management contract with the Ohio ~~cultural~~ facilities	8952
construction commission and is used for or in connection with ~~the~~	8953
cultural activities ~~of the commission~~, including the presentation	8954
or making available of culture to the public.	8955

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	8956
stadium, arena, tennis facility, motorsports complex, or other	8957
capital facility in this state. A primary purpose of the facility	8958
shall be to provide a site or venue for the presentation to the	8959
public of motorsports events, professional tennis tournaments, or	8960
events of one or more major or minor league professional athletic	8961
or sports teams that are associated with the state or with a city	8962
or region of the state. The facility shall be, in the case of a	8963
motorsports complex, owned by the state or governmental agency, or	8964
in all other instances, owned by or located on real property owned	8965
by the state or a governmental agency, and includes all parking	8966
facilities, walkways, and other auxiliary facilities, equipment,	8967
furnishings, and real and personal property and interests and	8968
rights therein, that may be appropriate for or used for or in	8969
connection with the facility or its operation, for capital costs	8970
of which state funds are spent pursuant to ~~this chapter~~this	8971
section and section 123.281 of the Revised Code. A facility	8972
constructed as an Ohio sports facility may be both an Ohio	8973
cultural facility and an Ohio sports facility.	8974

~~(P)~~(N) "Motorsports" means sporting events in which motor	8975
vehicles are driven on a clearly demarcated tracked surface.	8976

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	8977
commission shall provide for the construction of a cultural	8978
project in conformity with Chapter 153. of the Revised Code,	8979
except ~~as follows:~~	8980

~~(1) For a cultural project other than a state historical~~	8981
~~facility, construction services may be provided on behalf of the~~	8982
~~state by the Ohio cultural facilities commission, or by~~for	8983
construction services provided on behalf of the state by a	8984
governmental agency or a cultural organization in accordance with	8985
divisions (B) and (C) of this section.	8986

(B) In order for a governmental agency or a cultural	8987
organization ~~that occupies, will occupy, or is responsible for the~~	8988
~~Ohio cultural facility, as determined by the Ohio cultural~~	8989
~~facilities commission. For a project receiving a state~~	8990
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8991
~~facilities commission may delegate to its executive director the~~	8992
~~authority to approve the provision of construction services by~~	8993
~~such an agency or organization, but not the authority to~~	8994
~~disapprove that provision. Construction services to be provided by~~	8995
~~a governmental agency or a cultural organization shall be~~	8996
~~specified in an agreement between the Ohio cultural facilities~~	8997
~~commission and the governmental agency or cultural organization.~~	8998
~~The agreement, or any actions taken under it, are not subject to~~	8999
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9000
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9001
~~Chapter 4115. of the Revised Code.~~	9002

~~(2) For a cultural project that is~~to provide construction	9003
services on behalf of the state for a cultural project, other than	9004
a state historical facility, for which the general assembly has	9005
made an appropriation or specifically authorized the spending of	9006
money or the making of rental payments relating to the financing	9007
of the construction, the governmental agency or cultural	9008
organization shall submit to the Ohio facilities construction	9009
commission a cooperative agreement that includes, but is not	9010
limited to, provisions that:	9011

(1) Specify how the proposed project will support culture, as	9012
defined in section 123.28 of the Revised Code;	9013

(2) Specify that the governmental agency or cultural	9014
organization has local contributions amounting to not less than	9015
fifty per cent of the total state funding for the cultural	9016
project;	9017

(3) Specify that the funds shall be used only for	9018
construction, as defined in section 123.28 of the Revised Code;	9019

(4) Identify the facility to be constructed, renovated,	9020
remodeled, or improved;	9021

(5) Specify that the project scope meets the intent and	9022
purpose of the project appropriation and that the project can be	9023
completed and ready for full occupancy without exceeding	9024
appropriated funds;	9025

(6) Specify that the governmental agency or cultural	9026
organization shall hold the Ohio facilities construction	9027
commission harmless from all liability for the operation and	9028
maintenance costs of the facility;	9029

(7) Specify that the agreement or any actions taken under it	9030
are not subject to Chapters 123. or 153. of the Revised Code,	9031
except for section 153.011 of the Revised Code, and are subject to	9032
Chapter 4115. of the Revised Code; and	9033

(8) Provide that amendments to the agreement shall require	9034
the approval of the Ohio facilities construction commission.	9035

(C) In order for a cultural organization to provide	9036
construction services on behalf of the state for a state	9037
historical facility~~, construction services may be provided by the~~	9038
~~Ohio cultural facilities commission or by a cultural organization~~	9039
~~that occupies, will occupy, or is responsible for the facility, as~~	9040
~~determined by the Ohio cultural facilities commission. For a~~	9041
~~facility receiving a state appropriation of fifty thousand dollars~~	9042
~~or less, the Ohio cultural facilities commission may delegate to~~	9043
~~its executive director the authority to approve the provision of~~	9044
~~construction services by such an organization, but not the~~	9045
~~authority to disapprove that provision. The construction services~~	9046
~~to be provided by the cultural organization shall be specified in~~	9047
~~an agreement between the Ohio cultural facilities commission and~~	9048
~~the cultural organization. That agreement, and any actions taken~~	9049
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	9050
~~Revised Code.~~	9051

~~(B) For an Ohio sports facility that is financed in part by~~	9052
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	9053
~~construction services shall be provided on behalf of the state by~~	9054
~~or at the direction of the governmental agency or nonprofit~~	9055
~~corporation that will own or be responsible for the management of~~	9056
~~the facility, all as determined by the Ohio cultural facilities~~	9057
~~commission. For a facility receiving a state appropriation of~~	9058
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9059
~~commission may delegate to its executive director the authority to~~	9060
~~approve the provision of construction services by or at the~~	9061
~~direction of the agency or corporation, but not the authority to~~	9062
~~disapprove that provision. Any construction services to be~~	9063
~~provided by a governmental agency or nonprofit corporation shall~~	9064
~~be specified in an agreement between the Ohio cultural facilities~~	9065
~~commission and the governmental agency or nonprofit corporation.~~	9066
~~That agreement, and any actions taken under it, are not subject to~~	9067
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9068
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9069
~~Chapter 4115. of the Revised Code.~~	9070

~~(C) General building services for an Ohio cultural facility~~	9071
~~shall be provided by the Ohio cultural facilities commission or by~~	9072
~~a cultural organization that occupies, will occupy, or is~~	9073
~~responsible for the facility, as determined by the Ohio cultural~~	9074
~~facilities commission. For a facility receiving a state~~	9075
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9076
~~facilities commission may delegate to its executive director the~~	9077
~~authority to approve the provision of general building services by~~	9078
~~such an organization, but not the authority to disapprove that~~	9079
~~provision. Alternatively, the Ohio building authority may elect to~~	9080
~~provide those services for Ohio cultural facilities financed with~~	9081
~~proceeds of state bonds issued by the authority. The costs of~~	9082
~~management and general building services shall be paid by the~~	9083
~~cultural organization that occupies, will occupy, or is~~	9084
~~responsible for the facility as provided in an agreement between~~	9085
~~the Ohio cultural facilities commission and the cultural~~	9086
~~organization, except that the state may pay for general building~~	9087
~~services for state-owned cultural facilities constructed on~~	9088
~~state-owned land.~~	9089

~~General building services for an Ohio sports facility shall~~	9090
~~be provided by or at the direction of the governmental agency or~~	9091
~~nonprofit corporation that will be responsible for the management~~	9092
~~of the facility, all as determined by the Ohio cultural facilities~~	9093
~~commission. For a facility receiving a state appropriation of~~	9094
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9095
~~commission may delegate to its executive director the authority to~~	9096
~~approve the provision of general building services by or at the~~	9097
~~direction of the agency or corporation, but not the authority to~~	9098
~~disapprove that provision. Any general building services to be~~	9099
~~provided by a governmental agency or nonprofit corporation for an~~	9100
~~Ohio sports facility shall be specified in an agreement between~~	9101
~~the Ohio cultural facilities commission and the governmental~~	9102
~~agency or nonprofit corporation. That agreement, and any actions~~	9103
~~taken under it, are not subject to Chapter 123. or 153. of the~~	9104
~~Revised Code, except for sections 123.081 and 153.011 of the~~	9105
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	9106
~~Code.~~	9107

~~(D) This division does not apply to a state historical~~	9108
~~facility. No state funds, including any state bond proceeds, shall~~	9109
~~be spent on the construction of any cultural project under this~~	9110
~~chapter unless, with respect to the cultural project and to the~~	9111
~~Ohio cultural facility related to the project, all of the~~	9112
~~following apply:~~	9113

~~(1) The Ohio cultural facilities commission has determined~~	9114
~~that there is a need for the cultural project and the Ohio~~	9115
~~cultural facility related to the project in the region of the~~	9116
~~state in which the Ohio cultural facility is located or for which~~	9117
~~the facility is proposed. For a project receiving a state~~	9118
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9119
~~facilities commission may delegate to its executive director the~~	9120
~~authority to determine need but only in the affirmative.~~	9121

~~(2) The Ohio cultural facilities commission has determined~~	9122
~~that, as an indication of substantial regional support for the~~	9123
~~cultural project, the cultural organization has made provision~~	9124
~~satisfactory to the Ohio cultural facilities commission, in its~~	9125
~~sole discretion, for local contributions amounting to not less~~	9126
~~than fifty per cent of the total state funding for the cultural~~	9127
~~project. For a project receiving a state appropriation of fifty~~	9128
~~thousand dollars or less, the Ohio cultural facilities commission~~	9129
~~may delegate to its executive director the authority to determine~~	9130
~~the adequacy of the regional support but only in the affirmative.~~	9131

~~(3) The general assembly has specifically authorized the~~	9132
~~spending of money on, or made an appropriation for, the~~	9133
~~construction of the cultural project, or for rental payments~~	9134
~~relating to the financing of the construction of the cultural~~	9135
~~project. Authorization to spend money, or an appropriation, for~~	9136
~~planning the cultural project does not constitute authorization to~~	9137
~~spend money on, or an appropriation for, construction of the~~	9138
~~cultural project.~~	9139

~~(E) No state funds, including any state bond proceeds, shall~~	9140
~~be spent on the construction of any state historical facility~~	9141
~~under this chapter unless the general assembly has specifically~~	9142
~~authorized the spending of money on, or made an appropriation for,~~	9143
~~the construction of the state historical project related to the~~	9144
~~facility, or for rental payments relating to the financing of the~~	9145
~~construction of the state historical project. Authorization to~~	9146
~~spend money, or an appropriation, for planning the state~~	9147
~~historical project does not constitute authorization to spend~~	9148
~~money on, or an appropriation for, the construction of the state~~	9149
~~historical project.~~	9150

~~(F)~~for which the general assembly has made an appropriation	9151
or specifically authorized the spending of money or the making of	9152
rental payments relating to the financing of the construction, the	9153
cultural organization shall submit to the Ohio facilities	9154
construction commission a cooperative agreement that includes, but	9155
is not limited to, provisions that:	9156

(1) Specify how the proposed project will support culture, as	9157
defined in section 123.28 of the Revised Code;	9158

(2) Specify that the funds shall be used only for	9159
construction, as defined in section 123.28 of the Revised Code;	9160

(3) Identify the facility to be constructed, renovated,	9161
remodeled, or improved;	9162

(4) Specify that the project scope meets the intent and	9163
purpose of the project appropriation and that the project can be	9164
completed and ready for full occupancy without exceeding	9165
appropriated funds;	9166

(5) Specify that the cultural organization shall hold the	9167
Ohio facilities construction commission harmless from all	9168
liability for the operation and maintenance costs of the facility;	9169

(6) Specify that the agreement or any actions taken under it	9170
are not subject to Chapters 123., 153., or 4115. of the Revised	9171
Code; and	9172

(7) Provide that amendments to the agreement shall require	9173
the approval of the Ohio facilities construction commission.	9174

(D) State funds shall not be used to pay or reimburse more	9175
than fifteen per cent of the initial estimated construction cost	9176
of an Ohio sports facility, excluding any site acquisition cost,	9177
and no state funds, including any state bond proceeds, shall be	9178
spent on any Ohio sports facility under this chapter unless, with	9179
respect to that facility, all of the following apply:	9180

(1) The Ohio ~~cultural~~ facilities construction commission has	9181
~~determined that there is a need for the facility in the region of~~	9182
~~the state for which the facility is proposed to provide the~~	9183
~~function of an Ohio sports facility as provided for in this~~	9184
~~chapter. For a facility receiving a state appropriation of fifty~~	9185
~~thousand dollars or less, the Ohio cultural facilities commission~~	9186
~~may delegate to its executive director the authority to determine~~	9187
~~need but only in the affirmative.~~	9188

~~(2) As an indication of substantial local support for the~~	9189
~~facility, the Ohio cultural facilities commission has~~ received a	9190
financial and development plan satisfactory to it, and provision	9191
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	9192
~~cultural facilities~~ commission, for a contribution amounting to	9193
not less than eighty-five per cent of the total estimated	9194
construction cost of the facility, excluding any site acquisition	9195
cost, from sources other than the state. ~~For a facility receiving~~	9196
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	9197
~~cultural facilities commission may delegate to its executive~~	9198
~~director the authority to evaluate the financial and development~~	9199
~~plan and the contribution and to determine their adequacy but only~~	9200
~~in the affirmative.~~	9201

~~(3)~~(2) The general assembly has specifically authorized the	9202
spending of money on, or made an appropriation for, the	9203
construction of the facility, or for rental payments relating to	9204
state financing of all or a portion of the costs of constructing	9205
the facility. Authorization to spend money, or an appropriation,	9206
for planning or determining the feasibility of or need for the	9207
facility does not constitute authorization to spend money on, or	9208
an appropriation for, costs of constructing the facility.	9209

~~(4)~~(3) If state bond proceeds are being used for the Ohio	9210
sports facility, the state or a governmental agency owns or has	9211
sufficient property interests in the facility or in the site of	9212
the facility or in the portion or portions of the facility	9213
financed from proceeds of state bonds, which may include, but is	9214
not limited to, the right to use or to require the use of the	9215
facility for the presentation of sport and athletic events to the	9216
public at the facility.	9217

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	9218
this section, no state funds, including any state bond proceeds,	9219
shall be spent on any Ohio sports facility that is a motorsports	9220
complex, unless, with respect to that facility, both of the	9221
following apply:	9222

(1) Motorsports events shall be presented at the facility	9223
pursuant to a lease entered into with the owner of the facility.	9224
The term of the lease shall be for a period of not less than the	9225
greater of the useful life of the portion of the facility financed	9226
from proceeds of state bonds as determined using the guidelines	9227
for maximum maturities as provided under divisions (B) and (C) of	9228
section 133.20 of the Revised Code, or the period of time	9229
remaining to the date of payment or provision for payment of	9230
outstanding state bonds allocable to costs of the facility, all as	9231
determined by the director of budget and management and certified	9232
by the executive director toof the Ohio ~~cultural~~ facilities	9233
construction commission and to the treasurer of state.	9234

(2) Any motorsports organization that commits to using the	9235
facility for an established period of time shall give the	9236
political subdivision in which the facility is located not less	9237
than six months' advance notice if the organization intends to	9238
cease utilizing the facility prior to the expiration of that	9239
established period. Such a motorsports organization shall be	9240
liable to the state for any state funds used on the construction	9241
costs of the facility.	9242

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	9243
this section, no state bond proceeds shall be spent on any Ohio	9244
sports facility that is a tennis facility, unless the owner or	9245
manager of the facility provides contractual commitments from a	9246
national or international professional tennis organization in a	9247
form acceptable to the ~~cultural~~Ohio facilities construction	9248
commission that assures that one or more sanctioned professional	9249
tennis events will be presented at the facility during each year	9250
that the bonds remain outstanding.	9251

Sec. 124.11. The civil service of the state and the several	9252
counties, cities, civil service townships, city health districts,	9253
general health districts, and city school districts of the state	9254
shall be divided into the unclassified service and the classified	9255
service.	9256

(A) The unclassified service shall comprise the following	9257
positions, which shall not be included in the classified service,	9258
and which shall be exempt from all examinations required by this	9259
chapter:	9260

(1) All officers elected by popular vote or persons appointed	9261
to fill vacancies in those offices;	9262

(2) All election officers as defined in section 3501.01 of	9263
the Revised Code;	9264

(3)(a) The members of all boards and commissions, and heads	9265
of principal departments, boards, and commissions appointed by the	9266
governor or by and with the governor's consent;	9267

(b) The heads of all departments appointed by a board of	9268
county commissioners;	9269

(c) The members of all boards and commissions and all heads	9270
of departments appointed by the mayor, or, if there is no mayor,	9271
such other similar chief appointing authority of any city or city	9272
school district;	9273

Except as otherwise provided in division (A)(17) or (C) of	9274
this section, this chapter does not exempt the chiefs of police	9275
departments and chiefs of fire departments of cities or civil	9276
service townships from the competitive classified service.	9277

(4) The members of county or district licensing boards or	9278
commissions and boards of revision, and not more than five deputy	9279
county auditors;	9280

(5) All officers and employees elected or appointed by either	9281
or both branches of the general assembly, and employees of the	9282
city legislative authority engaged in legislative duties;	9283

(6) All commissioned, warrant, and noncommissioned officers	9284
and enlisted persons in the Ohio organized militia, including	9285
military appointees in the adjutant general's department;	9286

(7)(a) All presidents, business managers, administrative	9287
officers, superintendents, assistant superintendents, principals,	9288
deans, assistant deans, instructors, teachers, and such employees	9289
as are engaged in educational or research duties connected with	9290
the public school system, colleges, and universities, as	9291
determined by the governing body of the public school system,	9292
colleges, and universities;	9293

(b) The library staff of any library in the state supported	9294
wholly or in part at public expense.	9295

(8) Four clerical and administrative support employees for	9296
each of the elective state officers, four clerical and	9297
administrative support employees for each board of county	9298
commissioners and one such employee for each county commissioner,	9299
and four clerical and administrative support employees for other	9300
elective officers and each of the principal appointive executive	9301
officers, boards, or commissions, except for civil service	9302
commissions, that are authorized to appoint such clerical and	9303
administrative support employees;	9304

(9) The deputies and assistants of state agencies authorized	9305
to act for and on behalf of the agency, or holding a fiduciary or	9306
administrative relation to that agency and those persons employed	9307
by and directly responsible to elected county officials or a	9308
county administrator and holding a fiduciary or administrative	9309
relationship to such elected county officials or county	9310
administrator, and the employees of such county officials whose	9311
fitness would be impracticable to determine by competitive	9312
examination, provided that division (A)(9) of this section shall	9313
not affect those persons in county employment in the classified	9314
service as of September 19, 1961. Nothing in division (A)(9) of	9315
this section applies to any position in a county department of job	9316
and family services created pursuant to Chapter 329. of the	9317
Revised Code.	9318

(10) Bailiffs, constables, official stenographers, and	9319
commissioners of courts of record, deputies of clerks of the	9320
courts of common pleas who supervise or who handle public moneys	9321
or secured documents, and such officers and employees of courts of	9322
record and such deputies of clerks of the courts of common pleas	9323
as the appointing authority finds it impracticable to determine	9324
their fitness by competitive examination;	9325

(11) Assistants to the attorney general, special counsel	9326
appointed or employed by the attorney general, assistants to	9327
county prosecuting attorneys, and assistants to city directors of	9328
law;	9329

(12) Such teachers and employees in the agricultural	9330
experiment stations; such students in normal schools, colleges,	9331
and universities of the state who are employed by the state or a	9332
political subdivision of the state in student or intern	9333
classifications; and such unskilled labor positions as the	9334
director of administrative services, with respect to positions in	9335
the service of the state, or any municipal civil service	9336
commission may find it impracticable to include in the competitive	9337
classified service; provided such exemptions shall be by order of	9338
the commission or the director, duly entered on the record of the	9339
commission or the director with the reasons for each such	9340
exemption;	9341

(13) Any physician or dentist who is a full-time employee of	9342
the department of ~~mental health~~mental health and addiction	9343
services, the department of developmental disabilities, or an	9344
institution under the jurisdiction of either department; and	9345
physicians who are in residency programs at the institutions;	9346

(14) Up to twenty positions at each institution under the	9347
jurisdiction of the department of ~~mental health~~mental health and	9348
addiction services or the department of developmental disabilities	9349
that the department director determines to be primarily	9350
administrative or managerial; and up to fifteen positions in any	9351
division of either department, excluding administrative assistants	9352
to the director and division chiefs, which are within the	9353
immediate staff of a division chief and which the director	9354
determines to be primarily and distinctively administrative and	9355
managerial;	9356

(15) Noncitizens of the United States employed by the state,	9357
or its counties or cities, as physicians or nurses who are duly	9358
licensed to practice their respective professions under the laws	9359
of this state, or medical assistants, in mental or chronic disease	9360
hospitals, or institutions;	9361

(16) Employees of the governor's office;

9362

(17) Fire chiefs and chiefs of police in civil service	9363
townships appointed by boards of township trustees under section	9364
505.38 or 505.49 of the Revised Code;	9365

(18) Executive directors, deputy directors, and program	9366
directors employed by boards of alcohol, drug addiction, and	9367
mental health services under Chapter 340. of the Revised Code, and	9368
secretaries of the executive directors, deputy directors, and	9369
program directors;	9370

(19) Superintendents, and management employees as defined in	9371
section 5126.20 of the Revised Code, of county boards of	9372
developmental disabilities;	9373

(20) Physicians, nurses, and other employees of a county	9374
hospital who are appointed pursuant to sections 339.03 and 339.06	9375
of the Revised Code;	9376

(21) The executive director of the state medical board, who	9377
is appointed pursuant to division (B) of section 4731.05 of the	9378
Revised Code;	9379

(22) County directors of job and family services as provided	9380
in section 329.02 of the Revised Code and administrators appointed	9381
under section 329.021 of the Revised Code;	9382

(23) A director of economic development who is hired pursuant	9383
to division (A) of section 307.07 of the Revised Code;	9384

(24) Chiefs of construction and compliance, of operations and	9385
maintenance, of worker protection, and of licensing and	9386
certification in the division of industrial compliance in the	9387
department of commerce;	9388

(25) The executive director of a county transit system	9389
appointed under division (A) of section 306.04 of the Revised	9390
Code;	9391

(26) Up to five positions at each of the administrative	9392
departments listed in section 121.02 of the Revised Code and at	9393
the department of taxation, department of the adjutant general,	9394
department of education, Ohio board of regents, bureau of workers'	9395
compensation, industrial commission, state lottery commission,	9396
opportunities for Ohioans with disabilities agency, and public	9397
utilities commission of Ohio that the head of that administrative	9398
department or of that other state agency determines to be involved	9399
in policy development and implementation. The head of the	9400
administrative department or other state agency shall set the	9401
compensation for employees in these positions at a rate that is	9402
not less than the minimum compensation specified in pay range 41	9403
but not more than the maximum compensation specified in pay range	9404
4447 of salary schedule E-2 in section 124.152 of the Revised	9405
Code. The authority to establish positions in the unclassified	9406
service under division (A)(26) of this section is in addition to	9407
and does not limit any other authority that an administrative	9408
department or state agency has under the Revised Code to establish	9409
positions, appoint employees, or set compensation.	9410

(27) Employees of the department of agriculture employed	9411
under section 901.09 of the Revised Code;	9412

(28) For cities, counties, civil service townships, city	9413
health districts, general health districts, and city school	9414
districts, the deputies and assistants of elective or principal	9415
executive officers authorized to act for and in the place of their	9416
principals or holding a fiduciary relation to their principals;	9417

(29) Employees who receive intermittent or temporary	9418
appointments under division (B) of section 124.30 of the Revised	9419
Code;	9420

(30) Employees appointed to administrative staff positions	9421
for which an appointing authority is given specific statutory	9422
authority to set compensation;	9423

(31) Employees appointed to highway patrol cadet or highway	9424
patrol cadet candidate classifications;	9425

(32) Employees placed in the unclassified service by another	9426
section of the Revised Code.	9427

(B) The classified service shall comprise all persons in the	9428
employ of the state and the several counties, cities, city health	9429
districts, general health districts, and city school districts of	9430
the state, not specifically included in the unclassified service.	9431
Upon the creation by the board of trustees of a civil service	9432
township civil service commission, the classified service shall	9433
also comprise, except as otherwise provided in division (A)(17) or	9434
(C) of this section, all persons in the employ of a civil service	9435
township police or fire department having ten or more full-time	9436
paid employees. The classified service consists of two classes,	9437
which shall be designated as the competitive class and the	9438
unskilled labor class.	9439

(1) The competitive class shall include all positions and	9440
employments in the state and the counties, cities, city health	9441
districts, general health districts, and city school districts of	9442
the state, and, upon the creation by the board of trustees of a	9443
civil service township of a township civil service commission, all	9444
positions in a civil service township police or fire department	9445
having ten or more full-time paid employees, for which it is	9446
practicable to determine the merit and fitness of applicants by	9447
competitive examinations. Appointments shall be made to, or	9448
employment shall be given in, all positions in the competitive	9449
class that are not filled by promotion, reinstatement, transfer,	9450
or reduction, as provided in this chapter, and the rules of the	9451
director of administrative services, by appointment from those	9452
certified to the appointing officer in accordance with this	9453
chapter.	9454

(2) The unskilled labor class shall include ordinary	9455
unskilled laborers. Vacancies in the labor class for positions in	9456
service of the state shall be filled by appointment from lists of	9457
applicants registered by the director or the director's designee.	9458
Vacancies in the labor class for all other positions shall be	9459
filled by appointment from lists of applicants registered by a	9460
commission. The director or the commission, as applicable, by	9461
rule, shall require an applicant for registration in the labor	9462
class to furnish evidence or take tests as the director or	9463
commission considers proper with respect to age, residence,	9464
physical condition, ability to labor, honesty, sobriety, industry,	9465
capacity, and experience in the work or employment for which	9466
application is made. Laborers who fulfill the requirements shall	9467
be placed on the eligible list for the kind of labor or employment	9468
sought, and preference shall be given in employment in accordance	9469
with the rating received from that evidence or in those tests.	9470
Upon the request of an appointing officer, stating the kind of	9471
labor needed, the pay and probable length of employment, and the	9472
number to be employed, the director or commission, as applicable,	9473
shall certify from the highest on the list double the number to be	9474
employed; from this number, the appointing officer shall appoint	9475
the number actually needed for the particular work. If more than	9476
one applicant receives the same rating, priority in time of	9477
application shall determine the order in which their names shall	9478
be certified for appointment.	9479

(C) A municipal or civil service township civil service	9480
commission may place volunteer firefighters who are paid on a	9481
fee-for-service basis in either the classified or the unclassified	9482
civil service.	9483

(D)(1) This division does not apply to persons in the	9484
unclassified service who have the right to resume positions in the	9485
classified service under sections 4121.121, ~~5119.071~~5119.18,	9486
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	9487
Revised Code or to cities, counties, or political subdivisions of	9488
the state.	9489

(2) A person who holds a position in the classified service	9490
of the state and who is appointed to a position in the	9491
unclassified service shall retain the right to resume the position	9492
and status held by the person in the classified service	9493
immediately prior to the person's appointment to the position in	9494
the unclassified service, regardless of the number of positions	9495
the person held in the unclassified service. An employee's right	9496
to resume a position in the classified service may only be	9497
exercised when an appointing authority demotes the employee to a	9498
pay range lower than the employee's current pay range or revokes	9499
the employee's appointment to the unclassified service and:	9500

(a) That person held a certified position prior to July 1,	9501
2007, in the classified service within the appointing authority's	9502
agency; or	9503

(b) That person held a permanent position on or after July 1,	9504
2007, in the classified service within the appointing authority's	9505
agency.	9506

(3) An employee forfeits the right to resume a position in	9507
the classified service when:	9508

(a) The employee is removed from the position in the	9509
unclassified service due to incompetence, inefficiency,	9510
dishonesty, drunkenness, immoral conduct, insubordination,	9511
discourteous treatment of the public, neglect of duty, violation	9512
of this chapter or the rules of the director of administrative	9513
services, any other failure of good behavior, any other acts of	9514
misfeasance, malfeasance, or nonfeasance in office, or conviction	9515
of a felony; or	9516

(b) Upon transfer to a different agency.

9517

(4) Reinstatement to a position in the classified service	9518
shall be to a position substantially equal to that position in the	9519
classified service held previously, as certified by the director	9520
of administrative services. If the position the person previously	9521
held in the classified service has been placed in the unclassified	9522
service or is otherwise unavailable, the person shall be appointed	9523
to a position in the classified service within the appointing	9524
authority's agency that the director of administrative services	9525
certifies is comparable in compensation to the position the person	9526
previously held in the classified service. Service in the position	9527
in the unclassified service shall be counted as service in the	9528
position in the classified service held by the person immediately	9529
prior to the person's appointment to the position in the	9530
unclassified service. When a person is reinstated to a position in	9531
the classified service as provided in this division, the person is	9532
entitled to all rights, status, and benefits accruing to the	9533
position in the classified service during the person's time of	9534
service in the position in the unclassified service.	9535

Sec. 124.14. (A)(1) The director of administrative services	9536
shall establish, and may modify or rescind, by rule, a job	9537
classification plan for all positions, offices, and employments	9538
~~the salaries of which are paid in whole or in part by~~in the	9539
service of the state. The director shall group jobs within a	9540
classification so that the positions are similar enough in duties	9541
and responsibilities to be described by the same title, to have	9542
the same pay assigned with equity, and to have the same	9543
qualifications for selection applied. The director shall, by rule,	9544
assign a classification title to each classification within the	9545
classification plan. However, the director shall consider in	9546
establishing classifications, including classifications with	9547
parenthetical titles, and assigning pay ranges such factors as	9548
duties performed only on one shift, special skills in short supply	9549
in the labor market, recruitment problems, separation rates,	9550
comparative salary rates, the amount of training required, and	9551
other conditions affecting employment. The director shall describe	9552
the duties and responsibilities of the class, establish the	9553
qualifications for being employed in each position in the class,	9554
and file with the secretary of state a copy of specifications for	9555
all of the classifications. The director shall file new,	9556
additional, or revised specifications with the secretary of state	9557
before they are used.	9558

The director shall, by rule, assign each classification,	9559
either on a statewide basis or in particular counties or state	9560
institutions, to a pay range established under section 124.15 or	9561
section 124.152 of the Revised Code. The director may assign a	9562
classification to a pay range on a temporary basis for a period of	9563
six months. The director may establish, by rule adopted under	9564
Chapter 119. of the Revised Code, experimental classification	9565
plans for some or all employees paid directly by warrant of the	9566
director of budget and management. The rule shall include	9567
specifications for each classification within the plan and shall	9568
specifically address compensation ranges, and methods for	9569
advancing within the ranges, for the classifications, which may be	9570
assigned to pay ranges other than the pay ranges established under	9571
section 124.15 or 124.152 of the Revised Code.	9572

(2) The director of administrative services may reassign to a	9573
proper classification those positions that have been assigned to	9574
an improper classification. If the compensation of an employee in	9575
such a reassigned position exceeds the maximum rate of pay for the	9576
employee's new classification, the employee shall be placed in pay	9577
step X and shall not receive an increase in compensation until the	9578
maximum rate of pay for that classification exceeds the employee's	9579
compensation.	9580

(3) The director may reassign an exempt employee, as defined	9581
in section 124.152 of the Revised Code, to a bargaining unit	9582
classification if the director determines that the bargaining unit	9583
classification is the proper classification for that employee.	9584
Notwithstanding Chapter 4117. of the Revised Code or instruments	9585
and contracts negotiated under it, these placements are at the	9586
director's discretion.	9587

(4) The director shall, by rule, assign related	9588
classifications, which form a career progression, to a	9589
classification series. The director shall, by rule, assign each	9590
classification in the classification plan a five-digit number, the	9591
first four digits of which shall denote the classification series	9592
to which the classification is assigned. When a career progression	9593
encompasses more than ten classifications, the director shall, by	9594
rule, identify the additional classifications belonging to a	9595
classification series. The additional classifications shall be	9596
part of the classification series, notwithstanding the fact that	9597
the first four digits of the number assigned to the additional	9598
classifications do not correspond to the first four digits of the	9599
numbers assigned to other classifications in the classification	9600
series.	9601

(B) Division (A) of this section and sections 124.15 and	9602
124.152 of the Revised Code do not apply to the following persons,	9603
positions, offices, and employments:	9604

(1) Elected officials;

9605

(2) Legislative employees, employees of the legislative	9606
service commission, employees in the office of the governor,	9607
employees who are in the unclassified civil service and exempt	9608
from collective bargaining coverage in the office of the secretary	9609
of state, auditor of state, treasurer of state, and attorney	9610
general, and employees of the supreme court;	9611

(3) Any position for which the authority to determine	9612
compensation is given by law to another individual or entity;	9613

(4) Employees of the bureau of workers' compensation whose	9614
compensation the administrator of workers' compensation	9615
establishes under division (B) of section 4121.121 of the Revised	9616
Code.	9617

(C) The director may employ a consulting agency to aid and	9618
assist the director in carrying out this section.	9619

(D)(1) When the director proposes to modify a classification	9620
or the assignment of classes to appropriate pay ranges, the	9621
director shall send written notice of the proposed rule to the	9622
appointing authorities of the affected employees thirty days	9623
before a hearing on the proposed rule. The appointing authorities	9624
shall notify the affected employees regarding the proposed rule.	9625
The director also shall send those appointing authorities notice	9626
of any final rule that is adopted within ten days after adoption.	9627

(2) When the director proposes to reclassify any employee in	9628
the service of the state so that the employee is adversely	9629
affected, the director shall give to the employee affected and to	9630
the employee's appointing authority a written notice setting forth	9631
the proposed new classification, pay range, and salary. Upon the	9632
request of any classified employee in the service of the state who	9633
is not serving in a probationary period, the director shall	9634
perform a job audit to review the classification of the employee's	9635
position to determine whether the position is properly classified.	9636
The director shall give to the employee affected and to the	9637
employee's appointing authority a written notice of the director's	9638
determination whether or not to reclassify the position or to	9639
reassign the employee to another classification. An employee or	9640
appointing authority desiring a hearing shall file a written	9641
request for the hearing with the state personnel board of review	9642
within thirty days after receiving the notice. The board shall set	9643
the matter for a hearing and notify the employee and appointing	9644
authority of the time and place of the hearing. The employee, the	9645
appointing authority, or any authorized representative of the	9646
employee who wishes to submit facts for the consideration of the	9647
board shall be afforded reasonable opportunity to do so. After the	9648
hearing, the board shall consider anew the reclassification and	9649
may order the reclassification of the employee and require the	9650
director to assign the employee to such appropriate classification	9651
as the facts and evidence warrant. As provided in division (A)(1)	9652
of section 124.03 of the Revised Code, the board may determine the	9653
most appropriate classification for the position of any employee	9654
coming before the board, with or without a job audit. The board	9655
shall disallow any reclassification or reassignment classification	9656
of any employee when it finds that changes have been made in the	9657
duties and responsibilities of any particular employee for	9658
political, religious, or other unjust reasons.	9659

(E)(1) Employees of each county department of job and family	9660
services shall be paid a salary or wage established by the board	9661
of county commissioners. The provisions of section 124.18 of the	9662
Revised Code concerning the standard work week apply to employees	9663
of county departments of job and family services. A board of	9664
county commissioners may do either of the following:	9665

(a) Notwithstanding any other section of the Revised Code,	9666
supplement the sick leave, vacation leave, personal leave, and	9667
other benefits of any employee of the county department of job and	9668
family services of that county, if the employee is eligible for	9669
the supplement under a written policy providing for the	9670
supplement;	9671

(b) Notwithstanding any other section of the Revised Code,	9672
establish alternative schedules of sick leave, vacation leave,	9673
personal leave, or other benefits for employees not inconsistent	9674
with the provisions of a collective bargaining agreement covering	9675
the affected employees.	9676

(2) Division (E)(1) of this section does not apply to	9677
employees for whom the state employment relations board	9678
establishes appropriate bargaining units pursuant to section	9679
4117.06 of the Revised Code, except in either of the following	9680
situations:	9681

(a) The employees for whom the state employment relations	9682
board establishes appropriate bargaining units elect no	9683
representative in a board-conducted representation election.	9684

(b) After the state employment relations board establishes	9685
appropriate bargaining units for such employees, all employee	9686
organizations withdraw from a representation election.	9687

(F)(1) Notwithstanding any contrary provision of sections	9688
124.01 to 124.64 of the Revised Code, the board of trustees of	9689
each state university or college, as defined in section 3345.12 of	9690
the Revised Code, shall carry out all matters of governance	9691
involving the officers and employees of the university or college,	9692
including, but not limited to, the powers, duties, and functions	9693
of the department of administrative services and the director of	9694
administrative services specified in this chapter. Officers and	9695
employees of a state university or college shall have the right of	9696
appeal to the state personnel board of review as provided in this	9697
chapter.	9698

(2) Each board of trustees shall adopt rules under section	9699
111.15 of the Revised Code to carry out the matters of governance	9700
described in division (F)(1) of this section. Until the board of	9701
trustees adopts those rules, a state university or college shall	9702
continue to operate pursuant to the applicable rules adopted by	9703
the director of administrative services under this chapter.	9704

(G)(1) Each board of county commissioners may, by a	9705
resolution adopted by a majority of its members, establish a	9706
county personnel department to exercise the powers, duties, and	9707
functions specified in division (G) of this section. As used in	9708
division (G) of this section, "county personnel department" means	9709
a county personnel department established by a board of county	9710
commissioners under division (G)(1) of this section.	9711

(2)(a) Each board of county commissioners, by a resolution	9712
adopted by a majority of its members, may designate the county	9713
personnel department of the county to exercise the powers, duties,	9714
and functions specified in sections 124.01 to 124.64 and Chapter	9715
325. of the Revised Code with regard to employees in the service	9716
of the county, except for the powers and duties of the state	9717
personnel board of review, which powers and duties shall not be	9718
construed as having been modified or diminished in any manner by	9719
division (G)(2) of this section, with respect to the employees for	9720
whom the board of county commissioners is the appointing authority	9721
or co-appointing authority.	9722

(b) Nothing in division (G)(2) of this section shall be	9723
construed to limit the right of any employee who possesses the	9724
right of appeal to the state personnel board of review to continue	9725
to possess that right of appeal.	9726

(c) Any board of county commissioners that has established a	9727
county personnel department may contract with the department of	9728
administrative services, in accordance with division (H) of this	9729
section, another political subdivision, or an appropriate public	9730
or private entity to provide competitive testing services or other	9731
appropriate services.	9732

(3) After the county personnel department of a county has	9733
been established as described in division (G)(2) of this section,	9734
any elected official, board, agency, or other appointing authority	9735
of that county, upon written notification to the county personnel	9736
department, may elect to use the services and facilities of the	9737
county personnel department. Upon receipt of the notification by	9738
the county personnel department, the county personnel department	9739
shall exercise the powers, duties, and functions as described in	9740
division (G)(2) of this section with respect to the employees of	9741
that elected official, board, agency, or other appointing	9742
authority.	9743

(4) Each board of county commissioners, by a resolution	9744
adopted by a majority of its members, may disband the county	9745
personnel department.	9746

(5) Any elected official, board, agency, or appointing	9747
authority of a county may end its involvement with a county	9748
personnel department upon actual receipt by the department of a	9749
certified copy of the notification that contains the decision to	9750
no longer participate.	9751

(6) A county personnel department, in carrying out its	9752
duties, shall adhere to merit system principles with regard to	9753
employees of county departments of job and family services, child	9754
support enforcement agencies, and public child welfare agencies so	9755
that there is no threatened loss of federal funding for these	9756
agencies, and the county is financially liable to the state for	9757
any loss of federal funds due to the action or inaction of the	9758
county personnel department.	9759

(H) County agencies may contract with the department of	9760
administrative services for any human resources services,	9761
including, but not limited to, establishment and modification of	9762
job classification plans, competitive testing services, and	9763
periodic audits and reviews of the county's uniform application of	9764
the powers, duties, and functions specified in sections 124.01 to	9765
124.64 and Chapter 325. of the Revised Code with regard to	9766
employees in the service of the county. Nothing in this division	9767
modifies the powers and duties of the state personnel board of	9768
review with respect to employees in the service of the county.	9769
Nothing in this division limits the right of any employee who	9770
possesses the right of appeal to the state personnel board of	9771
review to continue to possess that right of appeal.	9772

(I) The director of administrative services shall establish	9773
the rate and method of compensation for all employees who are paid	9774
directly by warrant of the director of budget and management and	9775
who are serving in positions that the director of administrative	9776
services has determined impracticable to include in the state job	9777
classification plan. This division does not apply to elected	9778
officials, legislative employees, employees of the legislative	9779
service commission, employees who are in the unclassified civil	9780
service and exempt from collective bargaining coverage in the	9781
office of the secretary of state, auditor of state, treasurer of	9782
state, and attorney general, employees of the courts, employees of	9783
the bureau of workers' compensation whose compensation the	9784
administrator of workers' compensation establishes under division	9785
(B) of section 4121.121 of the Revised Code, or employees of an	9786
appointing authority authorized by law to fix the compensation of	9787
those employees.	9788

(J) The director of administrative services shall set the	9789
rate of compensation for all intermittent, seasonal, temporary,	9790
emergency, and casual employees in the service of the state who	9791
are not considered public employees under section 4117.01 of the	9792
Revised Code. Those employees are not entitled to receive employee	9793
benefits. This rate of compensation shall be equitable in terms of	9794
the rate of employees serving in the same or similar	9795
classifications. This division does not apply to elected	9796
officials, legislative employees, employees of the legislative	9797
service commission, employees who are in the unclassified civil	9798
service and exempt from collective bargaining coverage in the	9799
office of the secretary of state, auditor of state, treasurer of	9800
state, and attorney general, employees of the courts, employees of	9801
the bureau of workers' compensation whose compensation the	9802
administrator establishes under division (B) of section 4121.121	9803
of the Revised Code, or employees of an appointing authority	9804
authorized by law to fix the compensation of those employees.	9805

Sec. 124.18. (A) Forty hours shall be the standard work week	9806
for all employees whose salary or wage is paid in whole or in part	9807
by the state or by any state-supported college or university. When	9808
any employee whose salary or wage is paid in whole or in part by	9809
the state or by any state-supported college or university is	9810
required by an authorized administrative authority to be in an	9811
active pay status more than forty hours in any calendar week, the	9812
employee shall be compensated for such time over forty hours,	9813
except as otherwise provided in this section, at one and one-half	9814
times the employee's regular rate of pay. The use of sick leave or	9815
any leave used in lieu of sick leave shall not be considered to be	9816
active pay status for the purposes of earning overtime or	9817
compensatory time by employees whose wages are paid directly by	9818
warrant of the director of budget and management. A flexible-hours	9819
employee is not entitled to compensation for overtime work unless	9820
the employee's authorized administrative authority required the	9821
employee to be in active pay status for more than forty hours in a	9822
calendar week, regardless of the number of hours the employee	9823
works on any day in the same calendar week.	9824

Such compensation for overtime work shall be paid no later	9825
than at the conclusion of the next succeeding pay period.	9826

If the employee elects to take compensatory time off in lieu	9827
of overtime pay for any overtime worked, such compensatory time	9828
shall be granted by the employee's administrative superior, on a	9829
time and one-half basis, at a time mutually convenient to the	9830
employee and the administrative superior. Compensatory time is not	9831
available for use until it appears on the employee's earning	9832
statement and the compensation described in the earning statement	9833
is available to the employee.	9834

An employee may accrue compensatory time to a maximum of two	9835
hundred forty hours, except that public safety employees and other	9836
employees who meet the criteria established in the "Federal Fair	9837
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	9838
as amended, may accrue a maximum of four hundred eighty hours of	9839
compensatory time. An employee shall be paid at the employee's	9840
regular rate of pay for any hours of compensatory time accrued in	9841
excess of these maximum amounts if the employee has not used the	9842
compensatory time within three hundred sixty-five days after it is	9843
granted, if the employee transfers to another agency of the state,	9844
or if a change in the employee's status exempts the employee from	9845
the payment of overtime compensation. Upon the termination of	9846
employment, any employee with accrued but unused compensatory time	9847
shall be paid for that time at a rate that is the greater of the	9848
employee's final regular rate of pay or the employee's average	9849
regular rate of pay during the employee's last three years of	9850
employment with the state.	9851

No overtime, as described in this section, can be paid unless	9852
it has been authorized by the authorized administrative authority.	9853
Employees may be exempted from the payment of compensation as	9854
required by this section only under the criteria for exemption	9855
from the payment of overtime compensation established in the	9856
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9857
U.S.C.A. 207, 213, as amended. With the approval of the director	9858
of administrative services, the appointing authority may establish	9859
a policy to grant compensatory time or to pay compensation to	9860
~~state~~ employees in the service of the state who are exempt from	9861
overtime compensation. With the approval of the board of county	9862
commissioners, a county human services department may establish a	9863
policy to grant compensatory time or to pay compensation to	9864
employees of the department who are exempt from overtime	9865
compensation.	9866

(B)(1) An employee, whose salary or wage is paid in whole or	9867
in part by the state, shall be paid for the holidays declared in	9868
section 124.19 of the Revised Code and shall not be required to	9869
work on those holidays, unless, in the opinion of the employee's	9870
responsible administrative authority, failure to work on those	9871
holidays would impair the public service.	9872

(2) An employee paid directly by warrant of the director of	9873
budget and management who is scheduled to work on the first day of	9874
January, the commemoration of memorial day, the fourth day of	9875
July, the fourth Thursday in November, or the twenty-fifth day of	9876
December and who does not report to work the day before, the day	9877
of, or the day after the holiday due to an illness of the employee	9878
or of a member of the employee's immediate family shall not	9879
receive holiday pay as provided by this division, unless the	9880
employee can provide documentation of extenuating circumstances	9881
that prohibited the employee from so reporting to work. If the	9882
employee works a shift between the employee's scheduled shift and	9883
the holiday, the employee shall be paid for the holiday.	9884

(3) An employee also shall not be paid for a holiday unless	9885
the employee was in active pay status on the scheduled work day	9886
immediately preceding the holiday, except that an employee need	9887
not be in active pay status on that work day in order to be paid	9888
for the holiday if the employee is participating in a mandatory or	9889
voluntary cost savings day under section 124.392 of the Revised	9890
Code.	9891

(4) If any of the holidays declared in section 124.19 of the	9892
Revised Code falls on Saturday, the Friday immediately preceding	9893
shall be observed as the holiday. If any of the holidays declared	9894
in section 124.19 of the Revised Code falls on Sunday, the Monday	9895
immediately succeeding shall be observed as the holiday. Employees	9896
whose work schedules are based on the requirements of a	9897
seven-days-a-week work operation shall observe holidays on the	9898
actual days specified in section 124.19 of the Revised Code.	9899

(5) If an employee's work schedule is other than Monday	9900
through Friday, the employee shall be entitled to eight hours of	9901
holiday pay for holidays observed on the employee's day off	9902
regardless of the day of the week on which they are observed.	9903

(6) A full-time permanent employee is entitled to a minimum	9904
of eight hours of pay for each holiday regardless of the	9905
employee's work shift and work schedule. A flexible-hours	9906
employee, who is normally scheduled to work in excess of eight	9907
hours on a day on which a holiday falls, either shall be required	9908
to work an alternate schedule for that week or shall receive	9909
additional holiday pay for the hours the employee is normally	9910
scheduled to work. Such an alternate schedule may require a	9911
flexible-hours employee to work five shifts consisting of eight	9912
hours each during the week including the holiday, and, in that	9913
case, the employee shall receive eight hours of holiday pay for	9914
the day the holiday is observed.	9915

(7) Except as provided under section 124.392 of the Revised	9916
Code, part-time permanent employees shall receive four hours of	9917
holiday pay regardless of the employee's work shift and work	9918
schedule.	9919

(8) When an employee who is eligible for overtime pay under	9920
this section is required by the employee's responsible	9921
administrative authority to work on the day observed as a holiday,	9922
the employee shall be entitled to pay for such time worked at one	9923
and one-half times the employee's regular rate of pay in addition	9924
to the employee's regular pay, or to be granted compensatory time	9925
off at time and one-half thereafter, at the employee's option.	9926
Payment at such rate shall be excluded in the calculation of hours	9927
in active pay status.	9928

(C) Each appointing authority may designate the number of	9929
employees in an agency who are flexible-hours employees. The	9930
appointing authority may establish for each flexible-hours	9931
employee a specified minimum number of hours to be worked each day	9932
that is consistent with the "Federal Fair Labor Standards Act of	9933
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	9934

(D) This section shall be uniformly administered for	9935
employees as defined in section 124.01 of the Revised Code and by	9936
the personnel departments of state-supported colleges and	9937
universities for employees of state-supported colleges and	9938
universities. If employees are not paid directly by warrant of the	9939
director of budget and management, the political subdivision shall	9940
determine whether the use of sick leave shall be considered to be	9941
active pay status for purposes of those employees earning overtime	9942
or compensatory time.	9943

(E) Policies relating to the payment of overtime pay or the	9944
granting of compensatory time off shall be adopted by the chief	9945
administrative officer of the house of representatives for	9946
employees of the house of representatives, by the clerk of the	9947
senate for employees of the senate, and by the director of the	9948
legislative service commission for all other legislative	9949
employees.	9950

(F) As used in this section, "regular rate of pay" means the	9951
base rate of pay an employee receives plus any pay supplements	9952
received pursuant to section 124.181 of the Revised Code.	9953

Sec. 124.30. (A) Classified positions in the civil service	9954
may be filled without competition as follows:	9955

(1) Whenever there are urgent reasons for filling a vacancy	9956
in any position in the classified civil service and the director	9957
of administrative services is unable to certify to the appointing	9958
authority, upon its request, a list of persons eligible for	9959
appointment to the position after a competitive examination, the	9960
appointing authority may fill the position by noncompetitive	9961
examination.	9962

A temporary appointment may be made without regard to the	9963
rules of sections 124.01 to 124.64 of the Revised Code. Except as	9964
otherwise provided in this division, the temporary appointment may	9965
not continue longer than one hundred twenty days, and in no case	9966
shall successive temporary appointments be made. A temporary	9967
appointment longer than one hundred twenty days may be made if	9968
necessary by reason of sickness, disability, or other approved	9969
leave of absence of regular officers or employees, in which case	9970
it may continue during the period of sickness, disability, or	9971
other approved leave of absence, subject to the rules of the	9972
director.	9973

(2) In case of a vacancy in a position in the classified	9974
civil service where peculiar and exceptional qualifications of a	9975
scientific, managerial, professional, or educational character are	9976
required, and upon satisfactory evidence that for specified	9977
reasons competition in this special case is impracticable and that	9978
the position can best be filled by a selection of some designated	9979
person of high and recognized attainments in those qualities, the	9980
director may suspend the provisions of sections 124.01 to 124.64	9981
of the Revised Code that require competition in this special case,	9982
but no suspension shall be general in its application. All such	9983
cases of suspension shall be reported in the annual report of the	9984
director with the reasons for each suspension. The director shall	9985
suspend the provisions when ~~the~~either of the following applies:	9986

(a) The director of job and family services provides the	9987
certification under section 5101.051 of the Revised Code that a	9988
position with the department of job and family services can best	9989
be filled if the provisions are suspended;	9990

(b) The medicaid director provides the certification under	9991
section 5160.051 of the Revised Code that a position with the	9992
department of medicaid can best be filled if the provisions are	9993
suspended.	9994

(3) The acceptance or refusal by an eligible person of a	9995
temporary appointment shall not affect the person's standing on	9996
the eligible list for permanent appointment, nor shall the period	9997
of temporary service be counted as a part of the probationary	9998
service in case of subsequent appointment to a permanent position.	9999

(B) Persons who receive temporary or intermittent	10000
appointments are in the unclassified civil service and serve at	10001
the pleasure of their appointing authority.	10002

Sec. 124.341. (A) If an employee in the classified or	10003
unclassified civil service becomes aware in the course of	10004
employment of a violation of state or federal statutes, rules, or	10005
regulations or the misuse of public resources, and the employee's	10006
supervisor or appointing authority has authority to correct the	10007
violation or misuse, the employee may file a written report	10008
identifying the violation or misuse with the supervisor or	10009
appointing authority. In addition to or instead of filing a	10010
written report with the supervisor or appointing authority, the	10011
employee may file a written report with the office of internal	10012
~~auditing~~audit created under section 126.45 of the Revised Code or	10013
file a complaint with the auditor of state's fraud-reporting	10014
system under section 117.103 of the Revised Code.	10015

If the employee reasonably believes that a violation or	10016
misuse of public resources is a criminal offense, the employee, in	10017
addition to or instead of filing a written report or complaint	10018
with the supervisor, appointing authority, the office of internal	10019
~~auditing~~audit, or the auditor of state's fraud-reporting system,	10020
may report it to a prosecuting attorney, director of law, village	10021
solicitor, or similar chief legal officer of a municipal	10022
corporation, to a peace officer, as defined in section 2935.01 of	10023
the Revised Code, or, if the violation or misuse of public	10024
resources is within the jurisdiction of the inspector general, to	10025
the inspector general in accordance with section 121.46 of the	10026
Revised Code. In addition to that report, if the employee	10027
reasonably believes the violation or misuse is also a violation of	10028
Chapter 102., section 2921.42, or section 2921.43 of the Revised	10029
Code, the employee may report it to the appropriate ethics	10030
commission.	10031

(B) Except as otherwise provided in division (C) of this	10032
section, no officer or employee in the classified or unclassified	10033
civil service shall take any disciplinary action against an	10034
employee in the classified or unclassified civil service for	10035
making any report or filing a complaint as authorized by division	10036
(A) of this section, including, without limitation, doing any of	10037
the following:	10038

(1) Removing or suspending the employee from employment;

10039

(2) Withholding from the employee salary increases or	10040
employee benefits to which the employee is otherwise entitled;	10041

(3) Transferring or reassigning the employee;

10042

(4) Denying the employee promotion that otherwise would have	10043
been received;	10044

(5) Reducing the employee in pay or position.

10045

(C) An employee in the classified or unclassified civil	10046
service shall make a reasonable effort to determine the accuracy	10047
of any information reported under division (A) of this section.	10048
The employee is subject to disciplinary action, including	10049
suspension or removal, as determined by the employee's appointing	10050
authority, for purposely, knowingly, or recklessly reporting false	10051
information under division (A) of this section.	10052

(D) If an appointing authority takes any disciplinary or	10053
retaliatory action against a classified or unclassified employee	10054
as a result of the employee's having filed a report or complaint	10055
under division (A) of this section, the employee's sole and	10056
exclusive remedy, notwithstanding any other provision of law, is	10057
to file an appeal with the state personnel board of review within	10058
thirty days after receiving actual notice of the appointing	10059
authority's action. If the employee files such an appeal, the	10060
board shall immediately notify the employee's appointing authority	10061
and shall hear the appeal. The board may affirm or disaffirm the	10062
action of the appointing authority or may issue any other order as	10063
is appropriate. The order of the board is appealable in accordance	10064
with Chapter 119. of the Revised Code.	10065

(E) As used in this section:

10066

(1) "Purposely," "knowingly," and "recklessly" have the same	10067
meanings as in section 2901.22 of the Revised Code.	10068

(2) "Appropriate ethics commission" has the same meaning as	10069
in section 102.01 of the Revised Code.	10070

(3) "Inspector general" means the inspector general appointed	10071
under section 121.48 of the Revised Code.	10072

Sec. 124.381. (A)(1)(a) An employee in the service of the	10073
state may be eligible to receive salary continuation not to exceed	10074
four hundred eighty hours at the employee's total rate of pay for	10075
absence as a result of injury incurred during the performance of,	10076
or arising out of, state employment. When an eligible employee's	10077
absence as a result of such an injury extends beyond four hundred	10078
eighty hours, the employee immediately becomes subject to sections	10079
124.382 and 124.385 of the Revised Code regarding sick leave and	10080
disability leave benefits.	10081

An employee is ineligible to receive salary continuation	10082
until the date of implementation is established in the rules	10083
adopted under division (C)(1) of this section.	10084

(b) Employees of the secretary of state, auditor of state,	10085
treasurer of state, attorney general, supreme court, general	10086
assembly, or legislative service commission are not subject to	10087
division (A)(1)(a) of this section unless the relevant appointing	10088
authority notifies the director of administrative services in	10089
writing of the intent to have all of the appointing authority's	10090
employees participate in salary continuation. The relevant	10091
appointing authority also may discontinue salary continuation for	10092
all of its employees by providing written notice of the	10093
discontinuation to the director.	10094

Participation in salary continuation is subject to rules	10095
adopted under division (C)(1) of this section.	10096

(2) Each employee of the department of rehabilitation and	10097
correction, the department of ~~mental health~~mental health and	10098
addiction services, the department of developmental disabilities,	10099
the department of veterans services, or the Ohio schools for the	10100
deaf and blind, and each employee of the department of youth	10101
services as established in division (A) of section 124.14 of the	10102
Revised Code who sustains a qualifying physical condition	10103
inflicted by a ward of these agencies during the time the employee	10104
is lawfully carrying out the assigned duties of the employee's	10105
position shall be paid occupational injury leave at the employee's	10106
total rate of pay during the period the employee is disabled as a	10107
result of that qualifying physical condition, but in no case to	10108
exceed nine hundred sixty hours, in lieu of workers' compensation.	10109
Pay made according to this division shall not be charged to the	10110
employee's accumulation of sick leave credit. In any case when an	10111
employee's disability as a result of such a qualifying physical	10112
condition extends beyond nine hundred sixty hours, the employee	10113
immediately becomes subject to sections 124.382 and 124.385 of the	10114
Revised Code regarding sick leave and disability leave benefits.	10115

(B) An employee who is receiving salary continuation or	10116
occupational injury leave under division (A)(1) or (2) of this	10117
section is not eligible for other paid leave, including holiday	10118
pay, while receiving benefits under either division. While an	10119
employee is receiving salary continuation or occupational injury	10120
leave under division (A)(1) or (2) of this section, vacation leave	10121
credit ceases to accrue to the employee under section 124.134 of	10122
the Revised Code, but sick leave credit and personal leave credit	10123
continue to accrue to the employee under sections 124.382 and	10124
124.386 of the Revised Code.	10125

(C)(1) The director of administrative services shall adopt	10126
rules for the administration of both the salary continuation	10127
program and the occupational injury leave program. The rules shall	10128
include, but not be limited to, provisions for determining a	10129
disability, for filing a claim for leave under this section, and	10130
for allowing or denying claims for the leave.	10131

(2) The director also may adopt rules for the payment of	10132
health benefits while an employee is on workers' compensation	10133
leave.	10134

(D) An appointing authority may apply to the director of	10135
administrative services to grant salary continuation under	10136
division (A)(1) of this section or occupational injury leave under	10137
division (A)(2) of this section to law enforcement personnel	10138
employed by the agency.	10139

Sec. 124.57. (A) No officer or employee in the classified	10140
service of the state, the several counties, cities, and city	10141
school districts of the state, or the civil service townships of	10142
the state shall directly or indirectly, orally or by letter,	10143
solicit or receive, or be in any manner concerned in soliciting or	10144
receiving, any assessment, subscription, or contribution for any	10145
political party or for any candidate for public office; nor shall	10146
any person solicit directly or indirectly, orally or by letter, or	10147
be in any manner concerned in soliciting, any such assessment,	10148
contribution, or payment from any officer or employee in the	10149
classified service of the state, the several counties, cities, or	10150
city school districts of the state, or the civil service townships	10151
of the state; nor shall any officer or employee in the classified	10152
service of the state, the several counties, cities, and city	10153
school districts of the state, or the civil service townships of	10154
the state be an officer in any political organization or take part	10155
in politics other than to vote as the officer or employee pleases	10156
and to express freely political opinions.	10157

(B)(1) Nothing in division (A) of this section prohibits an	10158
officer or employee described in that division from serving as a	10159
precinct election official under section 3501.22 of the Revised	10160
Code.	10161

(2) Nothing in division (A) of this section prohibits an	10162
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	10163
position is transferred from the unclassified civil service to the	10164
classified civil service and who also holds the office of	10165
president of a city legislative authority from completing the	10166
existing term of office as president.	10167

Sec. 124.84. (A) The department of administrative services,	10168
in consultation with the superintendent of insurance and subject	10169
to division (D) of this section, ~~shall~~may negotiate and contract	10170
with one or more insurance companies or health insuring	10171
corporations authorized to operate or do business in this state	10172
for the purchase of a policy of long-term care insurance covering	10173
all state employees who are paid directly by warrant of the	10174
director of budget and management, including elected state	10175
officials. Any policy purchased under this division shall be	10176
negotiated and entered into in accordance with the competitive	10177
selection procedures specified in Chapter 125. of the Revised	10178
Code. As used in this section, "long-term care insurance" has the	10179
same meaning as in section 3923.41 of the Revised Code.	10180

(B) Any elected state official or state employee paid	10181
directly by warrant of the director of budget and management may	10182
elect to participate in any long-term care insurance policy	10183
purchased under division (A) of this section. All or any portion	10184
of the premium charged may be paid by the state. Participation in	10185
the policy may include the dependents and family members of the	10186
elected state official or state employee.	10187

If a participant in a long-term care insurance policy leaves	10188
employment, the participant and the participant's dependents and	10189
family members may, at their election, continue to participate in	10190
a policy established under this section. The manner of payment and	10191
the portion of premium charged the participant, dependent, and	10192
family member shall be established pursuant to division (E) of	10193
this section.	10194

(C) Any long-term care insurance policy purchased under this	10195
section or section 124.841 or 145.581 of the Revised Code shall	10196
provide for all of the following with respect to the premiums	10197
charged for the policy:	10198

(1) They shall be set at the entry age of the official or	10199
employee when first covered by the policy and shall not increase	10200
except as a class during coverage under the policy.	10201

(2) They shall be based on the class of all officials or	10202
employees covered by the policy.	10203

(3) They shall continue, pursuant to section 145.581 of the	10204
Revised Code, after the retirement of the official or employee who	10205
is covered under the policy, at the rate in effect on the date of	10206
the official's or employee's retirement.	10207

(D) Prior to entering into a contract with an insurance	10208
company or health insuring corporation for the purchase of a	10209
long-term care insurance policy under this section, the department	10210
shall request the superintendent of insurance to certify the	10211
financial condition of the company or corporation. The department	10212
shall not enter into the contract if, according to that	10213
certification, the company or corporation is insolvent, is	10214
determined by the superintendent to be potentially unable to	10215
fulfill its contractual obligations, or is placed under an order	10216
of rehabilitation or conservation by a court of competent	10217
jurisdiction or under an order of supervision by the	10218
superintendent.	10219

(E) The department shall adopt rules in accordance with	10220
section 111.15 of the Revised Code governing long-term care	10221
insurance purchased under this section. All or any portion of the	10222
premium charged the participants, dependents, and family members	10223
shall be paid in such manner or combination of manners as the	10224
department determines.	10225

~~Sec. 3701.041.~~ Sec. 124.88. (A) The employee assistance program is	10226
hereby established in the department of administrative services	10227
for the purpose of referring state employees paid by warrant of	10228
the director of budget and management who are in need of medical,	10229
social, or other services to providers of those services.	10230

~~The director of health, in consultation with the director of~~	10231
~~budget and management, shall determine a rate at which the~~	10232
~~payrolls of all state agencies with employees paid by warrant of~~	10233
~~the director of budget and management shall be charged each pay~~	10234
~~period that is sufficient to cover the costs of administering the~~	10235
~~program. The rate shall be based upon the total number of such~~	10236
~~employees and may be adjusted as the director of health, in~~	10237
~~consultation with the director of budget and management, considers~~	10238
~~necessary. All money collected from the assessment shall be~~	10239
~~deposited in the state treasury to the credit of the employee~~	10240
~~assistance general services fund, which is hereby created. The~~	10241
~~fund shall be used by the director of health to administer the~~	10242
~~program.~~	10243

(B) Records of the identity, diagnosis, prognosis, or	10244
treatment of any person that are maintained in connection with the	10245
employee assistance program created in division (A) of this	10246
section are not public records under section 149.43 of the Revised	10247
Code and shall be disclosed only as provided in division (C) of	10248
this section.	10249

(C)(1) Records described in division (B) of this section may	10250
be disclosed with the prior written consent of the person who is	10251
the subject of the record.	10252

(2) Records described in division (B) of this section may be	10253
disclosed with or without the prior written consent of the person	10254
who is the subject of the record under the following conditions:	10255

(a) To medical personnel to the extent necessary to meet a	10256
bona fide medical emergency;	10257

(b) To qualified personnel for the purpose of conducting	10258
scientific research, management audits, financial audits, or	10259
program evaluation, but the personnel shall not directly or	10260
indirectly identify any person who is the subject of the record in	10261
any report of the research, audit, or evaluation or in any other	10262
manner;	10263

(c) If authorized by an appropriate order of a court of	10264
competent jurisdiction granted after a showing of good cause. In	10265
determining good cause, the court shall weigh the public interest	10266
and the need for disclosure against injury to the person who is	10267
the subject of the record and to the employee assistance program.	10268
Upon granting such an order, the court shall, in determining the	10269
extent to which the disclosure of all or any part of any record is	10270
necessary, impose appropriate safeguards against unauthorized	10271
disclosure.	10272

(D) Except as authorized by a court order described in	10273
division (C)(2)(c) of this section, no record described in	10274
division (B) of this section may be used to initiate or	10275
substantiate criminal charges against the person who is the	10276
subject of the record or to conduct any investigation of such a	10277
person.	10278

Sec. 125.05. Except as provided in division (F) of this	10279
section, no state agency shall purchase any supplies or services	10280
except as provided in divisions (A) to (D) of this section.	10281

(A) Subject to division (E) of this section, a state agency	10282
may, without competitive selection, make any purchase of supplies	10283
or services that cost twenty-five thousand dollars or less. The	10284
agency may make the purchase directly or may make the purchase	10285
from or through the department of administrative services,	10286
whichever the agency determines. The agency shall adopt written	10287
procedures consistent with the department's purchasing procedures	10288
and shall use those procedures when making purchases under this	10289
division.	10290

(B) Subject to division (E) of this section and in accordance	10291
with section 125.051 of the Revised Code, a state agency may make	10292
purchases of supplies and services that cost more than twenty-five	10293
thousand dollars but less than fifty thousand dollars if the	10294
purchases are made under the direction of an employee of the	10295
agency who is certified by the department to make purchases and if	10296
the purchases comply with the department's purchasing procedures.	10297
Section 127.16 of the Revised Code does not apply to purchases	10298
made under this division. Until the certification effective date	10299
established by the department in rules adopted under section	10300
125.051 of the Revised Code, state agencies may make purchases of	10301
supplies and services that cost more than twenty-five thousand	10302
dollars but less than fifty thousand dollars in the same manner as	10303
provided in division (A) of this section.	10304

(C) Subject to division (E) of this section, a state agency	10305
wanting to purchase supplies or services that cost more than	10306
twenty-five thousand dollars shall, unless otherwise authorized by	10307
law, make the purchase from or through the department. The	10308
department shall make the purchase by competitive selection. If	10309
the director of administrative services determines that it is not	10310
possible or not advantageous to the state for the department to	10311
make the purchase, the department shall grant the agency a release	10312
and permit under section 125.06 of the Revised Code to make the	10313
purchase. Section 127.16 of the Revised Code does not apply to	10314
purchases the department makes under this section.	10315

(D) An agency that has been granted a release and permit to	10316
make a purchase may make the purchase without competitive	10317
selection if after making the purchase the cumulative purchase	10318
threshold as computed under division (E) of section 127.16 of the	10319
Revised Code would:	10320

(1) Be exceeded and the controlling board approves the	10321
purchase;	10322

(2) Not be exceeded and the department of administrative	10323
services approves the purchase.	10324

(E) Not later than the thirty-first day of January of each	10325
even-numbered year, the directors of administrative services and	10326
budget and management shall review and recommend to the general	10327
assembly, if necessary, adjustments to the amounts specified in	10328
divisions (A) to (C) of this section and division (B) of section	10329
127.16 of the Revised Code.	10330

(F) If ~~the eTech Ohio commission,~~ the department of	10331
education, or the Ohio education computer network determines that	10332
it can purchase software services or supplies for specified school	10333
districts at a price less than the price for which the districts	10334
could purchase the same software services or supplies for	10335
themselves, the ~~commission,~~ department, or network shall certify	10336
that fact to the department of administrative services and, acting	10337
as an agent for the specified school districts, shall make that	10338
purchase without following the provisions in divisions (A) to (D)	10339
of this section.	10340

Sec. 125.21. The director of administrative services shall	10341
process payroll information for the purpose of payment for	10342
personal services of state officials and employees on the basis of	10343
rates of pay determined by pertinent law, the director, or other	10344
competent authority.	10345

Calculation of payrolls may be made after the conclusion of	10346
each pay period based upon the amount of time served as certified	10347
by the appropriate appointing authority. Payment for personal	10348
service rendered by an official or employee during any pay period	10349
shall be made no later than at the conclusion of the official's or	10350
employee's next succeeding pay period.	10351

The director of administrative services shall furnish to the	10352
director of budget and management all necessary data for drawing	10353
state official and employee pay warrants and preparing earning	10354
statements. These data shall include the rate at which paid; the	10355
time for which paid, including overtime and any other adjustments	10356
affecting the official's or employee's gross pay; all taxes	10357
withheld, including, whenever practicable, year-to-date figures on	10358
all taxes withheld; the amount of contribution to the appropriate	10359
retirement system; any voluntary deductions made in accordance	10360
with authorizations filed by the official or employee; and whether	10361
a direct deposit is to be made in accordance with an authorization	10362
filed by the official or employee.	10363

Amounts deducted from the salaries or wages of all officials	10364
and employees shall be transferred to the payroll ~~withholding~~	10365
deduction fund, which is hereby created in the state treasury for	10366
the purpose of consolidating all such deductions made in any	10367
month. Payments from this fund shall be made at intervals for the	10368
intended purpose of the deduction or for refund where it is	10369
determined that deductions were made in error.	10370

Sec. 125.212. The life insurance investment fund is hereby	10371
created in the state treasury. The fund shall consist of amounts	10372
from ~~the payroll withholding fund created by section 125.21 of~~	10373
~~the Revised Code~~state agencies, life insurance premium refunds	10374
received by the state, and other receipts related to the state's	10375
life insurance benefit program. The fund shall be used to pay the	10376
costs of the state's life insurance benefit program. All	10377
investment earnings of the life insurance investment fund shall be	10378
credited to the fund.	10379

Sec. 125.27. (A) There is hereby created in the state	10380
treasury the building improvement fund. The fund shall retain the	10381
interest earned.	10382

(B) The fund shall consist of any payments made by intrastate	10383
transfer voucher from the appropriation item for office building	10384
operating payments.	10385

(C) The fund shall be used for major maintenance or	10386
improvements required in the James A. Rhodes or Frank J. Lausche	10387
state office tower, Toledo government center, Senator Oliver R.	10388
Ocasek government office building, and Vern Riffe center for	10389
government and the arts.	10390

Sec. 125.28. (A)(1) Each state agency that is supported in	10391
whole or in part by nongeneral revenue fund money and that	10392
occupies space in the James A. Rhodes or Frank J. Lausche state	10393
office tower, Toledo government center, Senator Oliver R. Ocasek	10394
government office building, Vern Riffe center for government and	10395
the arts, capitol square, or governor's mansion shall reimburse	10396
the general revenue fund for the cost of occupying the space in	10397
the ratio that the occupied space in each facility attributable to	10398
the nongeneral revenue fund money bears to the total space	10399
occupied by the state agency in the facility.	10400

(2) All agencies that occupy space in the old blind school or	10401
that occupy warehouse space in the general services facility shall	10402
reimburse the department of administrative services for the cost	10403
of occupying the space. The director of administrative services	10404
shall determine the amount of debt service, if any, to be charged	10405
to building tenants and shall collect reimbursements for it.	10406

(3) Each agency that is supported in whole or in part by	10407
nongeneral revenue fund money and that occupies space in any other	10408
facility or facilities owned and maintained by the department of	10409
administrative services or space in the general services facility	10410
other than warehouse space shall reimburse the department for the	10411
cost of occupying the space, including debt service, if any, in	10412
the ratio that the occupied space in each facility attributable to	10413
the nongeneral revenue fund money bears to the total space	10414
occupied by the state agency in the facility.	10415

(B) The director of administrative services may provide	10416
building maintenance services and ~~skilled trades~~minor	10417
construction project management services to any state agency	10418
~~occupying space in a facility that is not owned by the department~~	10419
~~of administrative services~~ and may collect reimbursements for the	10420
cost of providing those services.	10421

(C) All money collected by the department of administrative	10422
services for operating expenses of facilities owned or maintained	10423
by the department shall be deposited into the state treasury to	10424
the credit of the building management fund, which is hereby	10425
created, or to the credit of the building operation fund, which is	10426
hereby created. All money collected by the department for ~~skilled~~	10427
~~trades~~minor construction project management services shall be	10428
deposited into the state treasury to the credit of the ~~skilled~~	10429
~~trades~~minor construction project management fund, which is hereby	10430
created. All money collected for debt service shall be deposited	10431
into the general revenue fund.	10432

(D) The director of administrative services shall determine	10433
the reimbursable cost of space in state-owned or state-leased	10434
facilities and shall collect reimbursements for that cost.	10435

Sec. 125.602. (A) The department of developmental	10436
disabilities, the department of ~~mental health~~mental health and	10437
addiction services, the department of job and family services, the	10438
~~rehabilitation services commission~~opportunities for Ohioans with	10439
disabilities agency, and any other state or governmental agency or	10440
community rehabilitation program responsible for the provision of	10441
rehabilitation and vocational educational services to persons with	10442
work-limiting disabilities may, through written agreement,	10443
cooperate in providing resources to the department of	10444
administrative services for the operation of the office of	10445
procurement from community rehabilitation programs. These	10446
resources may include, but are not limited to, leadership and	10447
assistance in dealing with the societal aspects of meeting the	10448
needs of persons with work-limiting disabilities.	10449

(B) The office and all governmental entities that administer	10450
socioeconomic programs may enter into contractual agreements,	10451
cooperative working relationships, or other arrangements that are	10452
necessary for effective coordination and realization of the	10453
objectives of these entities.	10454

Sec. 125.603. (A) The office of procurement from community	10455
rehabilitation programs shall do the following in addition to	10456
other duties specified in sections 125.60 to 125.6012 of the	10457
Revised Code:	10458

(1) Establish, maintain, and periodically update a	10459
procurement list of approved supplies and services available from	10460
qualified nonprofit agencies;	10461

(2) Monitor the procurement practices of government ordering	10462
offices to ensure compliance with sections 125.60 to 125.6012 of	10463
the Revised Code;	10464

(3) In cooperation with qualified nonprofit agencies,	10465
government ordering offices, the department of developmental	10466
disabilities, the department of ~~mental health~~mental health and	10467
addiction services, the department of job and family services, and	10468
the ~~rehabilitation services commission~~opportunities for Ohioans	10469
with disabilities agency, develop and recommend to the director of	10470
administrative services rules the director shall adopt in	10471
accordance with Chapter 119. of the Revised Code for the effective	10472
and efficient administration of sections 125.60 to 125.6012 of the	10473
Revised Code;	10474

(4) Prepare a report of its activities by the last day of	10475
December of each year. The report shall be posted electronically	10476
on the office's web site.	10477

(B) The office of procurement from community rehabilitation	10478
programs may enter into contractual agreements and establish pilot	10479
programs to further the objectives of sections 125.60 to 125.6012	10480
of the Revised Code.	10481

Sec. 125.832. (A) The department of administrative services	10482
is granted exclusive authority over the acquisition and management	10483
of all motor vehicles used by state agencies. In carrying out this	10484
authority, the department shall do both of the following:	10485

(1) Approve the purchase or lease of each motor vehicle for	10486
use by a state agency. The department shall decide if a motor	10487
vehicle shall be leased or purchased for that use.	10488

Except as otherwise provided in division (A)(1) of this	10489
section, on and after July 1, 2005, each state agency shall	10490
acquire all passenger motor vehicles under the department's master	10491
leasing program. If the department determines that acquisition	10492
under that program is not the most economical method and if the	10493
department and the state agency acquiring the passenger motor	10494
vehicle can provide economic justification for doing so, the	10495
department may approve the purchase, rather than the lease, of a	10496
passenger motor vehicle for the acquiring state agency.	10497

(2) Direct and approve all funds that are expended for the	10498
purchase, lease, repair, maintenance, registration, insuring, and	10499
other costs related to the possession and operation of motor	10500
vehicles for the use of state agencies.	10501

(B) The director of administrative services shall establish	10502
and operate a fleet management program. The director shall operate	10503
the program for purposes including, but not limited to,	10504
cost-effective acquisition, maintenance, management, analysis, and	10505
disposal of all motor vehicles owned or leased by the state. All	10506
state agencies shall comply with statewide fleet management	10507
policies and procedures established by the director for the	10508
program, including, but not limited to, motor vehicle assignments,	10509
additions of motor vehicles to fleets or motor vehicle	10510
replacements, motor vehicle fueling, and motor vehicle repairs.	10511

(C) The director shall establish and maintain a fleet	10512
reporting system and shall require state agencies to submit to the	10513
department information relative to state motor vehicles, including	10514
motor vehicles described in division (G)(2) of section 125.831 of	10515
the Revised Code, to be used in operating the fleet management	10516
program. State agencies shall provide to the department fleet data	10517
and other information, including, but not limited to, mileage and	10518
costs. The data and other information shall be submitted in	10519
formats and in a manner determined by the department.	10520

(D) All state agency purchases or leases of motor vehicles	10521
are subject to the prior approval of the director under division	10522
(A)(1) of this section.	10523

(E) State agencies that utilize state motor vehicles or pay	10524
mileage reimbursements to employees shall provide a fleet plan to	10525
the department as directed by the department.	10526

(F)(1) The fleets of state agencies that consist of one	10527
hundred or less vehicles on July 1, 2004, shall be managed by the	10528
department's fleet management program on a time schedule	10529
determined by the department, unless the state agency has received	10530
delegated authority as described in division (G) of this section.	10531

(2) The fleets of state agencies that consist of greater than	10532
one hundred motor vehicles, but less than five hundred motor	10533
vehicles, on July 1, 2005, also shall be managed by the	10534
department's fleet management program on a time schedule	10535
determined by the department, unless the state agency has received	10536
delegated authority as described in division (G) of this section.	10537

(G)(1) The department may delegate any or all of its duties	10538
regarding fleet management to a state agency, if the state agency	10539
demonstrates to the satisfaction of the department both of the	10540
following:	10541

(a) Capabilities to institute and manage a fleet management	10542
program, including, but not limited to, the presence of a	10543
certified fleet manager;	10544

(b) Fleet management performance, as demonstrated by fleet	10545
data and other information submitted pursuant to annual reporting	10546
requirements and any other criteria the department considers	10547
necessary in evaluating the performance.	10548

(2) The department may determine that a state agency is not	10549
in compliance with this section and direct that the agency's fleet	10550
management duties be transferred to the department.	10551

(H) The proceeds derived from the disposition of any motor	10552
vehicles under this section shall be paid to whichever of the	10553
following applies:	10554

(1) The fund that originally provided moneys for the purchase	10555
or lease of the motor vehicles;	10556

(2) If the motor vehicles were originally purchased with	10557
moneys derived from the general revenue fund, the proceeds shall	10558
be deposited, in the director's discretion, into the state	10559
treasury to the credit of either the fleet management fund created	10560
by section 125.83 of the Revised Code or the investment recovery	10561
fund created by section 125.14 of the Revised Code.	10562

(I)(1) The department shall create and maintain a certified	10563
fleet manager program.	10564

(2) State agencies that have received delegated authority as	10565
described in division (G) of this section shall have a certified	10566
fleet manager.	10567

(J) The department annually shall prepare and submit a	10568
statewide fleet report to the governor, the speaker of the house	10569
of representatives, and the president of the senate. The report	10570
shall be submitted not later than the thirty-first day of January	10571
following the end of each fiscal year. It may include, but is not	10572
limited to, the numbers and types of motor vehicles, their	10573
mileage, miles per gallon, and cost per mile, mileage	10574
reimbursements, accident and insurance data, and information	10575
regarding compliance by state agencies having delegated authority	10576
under division (G) of this section with applicable fleet	10577
management requirements.	10578

(K) The director shall adopt rules for implementing the fleet	10579
management program that are consistent with recognized best	10580
practices. The program shall be supported by reasonable fee	10581
charges for the services provided. The director shall collect	10582
these fees and deposit them into the state treasury to the credit	10583
for the fleet management fund created by section 125.83 of the	10584
Revised Code. The setting and collection of fees under this	10585
division is not subject to any restriction imposed by law upon the	10586
director's or the department's authority to set or collect fees.	10587

(L) The director also shall adopt rules that prohibit, except	10588
in very limited circumstances, the exclusive assignment of	10589
state-owned, leased, or pooled motor vehicles to state employees	10590
and that prohibit the reimbursement under section 126.31 of the	10591
Revised Code of state employees who use their own motor vehicles	10592
for any mileage they incur above an amount that the department	10593
shall determine annually unless reimbursement for the excess	10594
mileage is approved by the department in accordance with standards	10595
for that approval the director shall establish in those rules.	10596
Beginning on September 26, 2003, no state-owned, leased, or pooled	10597
motor vehicle shall be personally assigned as any form of	10598
compensation or benefit of state employment, and no state-owned,	10599
leased, or pooled motor vehicle shall be assigned to an employee	10600
solely for commuting to and from home and work.	10601

(M) The director shall do both of the following:

10602

(1) Implement to the greatest extent possible the	10603
recommendations from the 2002 report entitled "Administrative	10604
Analysis of the Ohio Fleet Management Program" in connection with	10605
the authority granted to the department by this section;	10606

(2) Attempt to reduce the number of passenger vehicles used	10607
by state agencies during the fiscal years ending on June 30, 2004,	10608
and June 30, 2005.	10609

(N) Each state agency shall reimburse the department for all	10610
costs incurred in the assignment of motor vehicles to the state	10611
agency.	10612

(O) The director shall do all of the following in managing	10613
the fleet management program:	10614

(1) Determine how motor vehicles will be maintained, insured,	10615
operated, financed, and licensed;	10616

(2) Pursuant to the formula in division (O)(3) of this	10617
section, annually establish the minimum number of business miles	10618
per year an employee of a state agency must drive in order to	10619
qualify for approval by the department to receive a motor vehicle	10620
for business use;	10621

(3) Establish the minimum number of business miles per year	10622
at an amount that results when the annual motor vehicle cost is	10623
divided by the amount that is the reimbursement rate per mile	10624
minus the amount that is the sum of the fuel cost, the operating	10625
cost, and the insurance cost. As used in this division:	10626

(a) "Annual motor vehicle cost" means the price of a motor	10627
vehicle divided by the number of years an average motor vehicle is	10628
used.	10629

(b) "Fuel cost" means the average price per gallon of motor	10630
fuel divided by the miles per gallon fuel efficiency of a motor	10631
vehicle.	10632

(c) "Insurance cost" means the cost of insuring a motor	10633
vehicle per year divided by the number of miles an average motor	10634
vehicle is driven per year.	10635

(d) "Operating cost" means the maintenance cost of a motor	10636
vehicle per year divided by the product resulting when the number	10637
of miles an average motor vehicle is driven per year is multiplied	10638
by the number of years an average motor vehicle is used.	10639

(e) "Reimbursement rate per mile" means the reimbursement per	10640
mile rate for travel expenses as provided by rule of the director	10641
of budget and management adopted under division (B) of section	10642
126.31 of the Revised Code.	10643

~~(P)(1) Not later than the fifteenth day of September of each~~	10644
~~year, each state institution of higher education shall report to~~	10645
~~the department on all of the following topics relating to motor~~	10646
~~vehicles that the institution acquires and manages:~~	10647

~~(a) The methods it uses to track the motor vehicles;~~

10648

~~(b) Whether or not it uses a fuel card program to purchase~~	10649
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	10650

~~(c) Whether or not it makes bulk purchases of fuel for the~~	10651
~~motor vehicles.~~	10652

~~(2) Assuming it does not use the fleet management tracking,~~	10653
~~fuel card program, and bulk fuel purchases tools and services that~~	10654
~~the department provides, the report of a state institution of~~	10655
~~higher education required by division (P)(1) of this section also~~	10656
~~shall include both of the following:~~	10657

~~(a) An analysis of the amount the institution would save, if~~	10658
~~any, if it were to use the fleet management tracking, fuel card~~	10659
~~program, and bulk fuel purchases tools and services that the~~	10660
~~department provides instead of the fleet management system the~~	10661
~~institution regularly uses;~~	10662

~~(b) A rationale for either continuing with the fleet~~	10663
~~management system that the institution regularly uses or changing~~	10664
~~to the use of those tools and services that the department~~	10665
~~provides.~~	10666

~~(3) The department shall certify within ninety days after~~	10667
~~receipt of all reports under division (P)(1) of this section a~~	10668
~~list of those state institutions of higher education that the~~	10669
~~department determines would save amounts if they were to use the~~	10670
~~fleet management tracking, fuel card program, and bulk fuel~~	10671
~~purchases tools and services that the department provides. The~~	10672
~~institutions so certified then shall use those tools and services~~	10673
~~that the department provides until the department next certifies~~	10674
~~institutions under division (P)(3) of this section.~~	10675

Sec. 125.833. (A) There is hereby established in the	10676
department of administrative services the vehicle management	10677
commission.	10678

(B) The commission shall consist of seven members. One member	10679
shall be an officer or employee of the department of	10680
administrative services who is appointed by the director of	10681
administrative services. One member shall be an officer or	10682
employee of the department of public safety who is appointed by	10683
the director of public safety. The other members shall be two	10684
members of the house of representatives appointed by the speaker	10685
of the house of representatives, two members of the senate	10686
appointed by the president of the senate, and one person with	10687
experience in the vehicle leasing, purchasing, and maintenance	10688
industry in this state appointed by the governor and serving at	10689
the governor's pleasure. The governor shall appoint the	10690
commission's chairperson.	10691

Initial appointments of the members to the commission shall	10692
be made by October 1, 2013, in the manner prescribed in this	10693
section. The initial meeting of the commission shall be held on	10694
that date and twice annually thereafter each year. After the	10695
initial appointments, appointments of legislative members to the	10696
commission shall be made within fifteen days after the	10697
commencement of the first regular session of the general assembly	10698
in the manner prescribed in this section. The terms of legislative	10699
members on the commission shall be for the duration of the session	10700
of the general assembly in which they are appointed. Members shall	10701
continue to serve on the commission until the appointments are	10702
made in the following session of the general assembly, unless they	10703
cease to be members of the general assembly. A vacancy on the	10704
commission shall be filled for the unexpired term in the same	10705
manner as the original appointment.	10706

(C) The commission shall periodically review the	10707
implementation of the fleet management program by the department	10708
of administrative services under section 125.832 of the Revised	10709
Code and may recommend to the department and the general assembly	10710
modifications to the department's procedures and functions and	10711
other statutory changes.	10712

Sec. 125.836. (A) As used in this section:

10713

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	10714
the same meanings as in section 125.831 of the Revised Code.	10715

(2) ~~"Credit" means a credit generated by the acquisition of~~	10716
~~alternative fueled vehicles in accordance with the "Energy Policy~~	10717
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	10718

~~(3)~~ "Incremental cost" means the difference in cost between	10719
blended biodiesel and conventional petroleum-based diesel fuel at	10720
the time the blended biodiesel is purchased.	10721

(B) ~~The department of administrative services shall establish~~	10722
~~and administer a credit banking and selling program. The~~	10723
~~department may sell or trade credits in accordance with procedures~~	10724
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	10725
~~2897, 42 U.S.C. 13258.~~	10726

~~(C)~~ There is hereby created in the state treasury the	10727
"biodiesel revolving fund," to which shall be credited ~~moneys~~	10728
~~received from the sale of credits under this section, any~~ moneys	10729
appropriated to the fund by the general assembly, and any other	10730
moneys obtained or accepted by the ~~department~~development services	10731
agency for crediting to the fund. Moneys credited to the fund	10732
shall be used to pay for the incremental cost of biodiesel for use	10733
in vehicles owned or leased by the state that use diesel fuel. The	10734
director ~~of administrative services, after consultation with the~~	10735
~~director~~ of development,services may direct the director of	10736
budget and management to transfer available moneys in the	10737
biodiesel revolving fund to the alternative fuel transportation	10738
fund created in section 122.075 of the Revised Code to be used by	10739
the ~~department of~~ development services agency for the purposes	10740
specified in that section.	10741

~~(D) The director of administrative services shall adopt rules~~	10742
~~under Chapter 119. of the Revised Code that are necessary for the~~	10743
~~administration of the credit banking and selling program.~~	10744

Sec. 126.07. Except as provided in division (B) of section	10745
126.21 of the Revised Code, no contract, agreement, or obligation	10746
involving the expenditure of money chargeable to an appropriation,	10747
nor any resolution or order for the expenditure of money	10748
chargeable to an appropriation, shall be valid and enforceable	10749
unless the director of budget and management first certifies that	10750
there is a balance in the appropriation not already obligated to	10751
pay existing obligations, in an amount at least equal to the	10752
portion of the contract, agreement, obligation, resolution, or	10753
order to be performed in the current fiscal year. Any written	10754
contract or agreement entered into by the state shall contain a	10755
clause stating that the obligations of the state are subject to	10756
this section.	10757

The chief administrative officer of a state agency is	10758
responsible for the preaudit and approval of expenditures and	10759
other transactions of the agency. In order to initiate the making	10760
of a payment from the state treasury, the person in a state agency	10761
who requests that the payment be made shall first submit to the	10762
chief administrative officer of the agency all invoices, claims,	10763
vouchers, and other documentation related to the payment. The	10764
chief administrative officer shall examine each voucher and all	10765
other documentation required to support the voucher and determine	10766
whether they meet all the requirements established by the director	10767
of budget and management for making the payment. If they do meet	10768
those requirements, the chief administrative officer shall certify	10769
to the director the approval of the chief administrative officer	10770
for payment.	10771

Prior to drawing a warrant or processing an electronic funds	10772
transfer as provided in section 126.35 of the Revised Code, the	10773
director may review and audit the voucher, any documentation	10774
accompanying the voucher, and any other documentation related to	10775
the transaction that the director may require to determine if the	10776
transaction is in accordance with law. The director shall not	10777
approve payment to be made if the director finds that there is not	10778
an unobligated balance in the appropriation for the payment, that	10779
the payment is not for a valid claim against the state that is	10780
legally due, or that insufficient documentation has been	10781
submitted. If the director does not approve payment, the director	10782
shall notify the agency of the reasons the director has not given	10783
approval.	10784

In approving payments to be made under this section, the	10785
director, upon receipt of certification from the director of job	10786
and family services pursuant to section 4141.231 of the Revised	10787
Code, shall withhold from amounts otherwise payable to a person	10788
who is the subject of the director of jobs and family services'	10789
certification, the amount certified to be due and unpaid to the	10790
director of job and family services, and shall approve for payment	10791
to the director of job and family services, the amount withheld.	10792

As used in this section and in section 126.21 of the Revised	10793
Code, "chief administrative officer" means either of the	10794
following:	10795

(A) The director of the agency or, in the case of a state	10796
agency without a director, the equivalent officer of that agency;	10797

(B) The designee of the chief administrative officer for the	10798
purposes of such sections.	10799

Sec. 126.14. The release of any money appropriated for the	10800
purchase of real estate shall be approved by the controlling	10801
board. The release of money appropriated for all other capital	10802
projects is also subject to the approval of the controlling board,	10803
except that the director of budget and management may approve the	10804
release of money appropriated for specific projects in accordance	10805
with the requirements of this section and except that the director	10806
of budget and management may approve the release of unencumbered	10807
capital balances, for a project to repair, remove, or prevent a	10808
public exigency declared to exist by the executive director of	10809
~~administrative services~~the Ohio facilities construction	10810
commission under section 123.10 of the Revised Code~~, or by the~~	10811
~~executive director of the Ohio facilities construction commission~~	10812
~~under section 123.23 of the Revised Code,~~ in the amount designated	10813
in that declaration.	10814

Within sixty days after the effective date of any act	10815
appropriating money for capital projects, the director shall	10816
determine which appropriations are for general projects and which	10817
are for specific projects. Specific projects may include specific	10818
higher education projects that are to be funded from general	10819
purpose appropriations from the higher education improvement fund	10820
or the higher education improvement taxable fund created in	10821
section 154.21 of the Revised Code. Upon determining which	10822
projects are general and which are specific, the director shall	10823
submit to the controlling board a list that includes a brief	10824
description of and the estimated expenditures for each specific	10825
project. The release of money for any specific higher education	10826
projects that are to be funded from general purpose appropriations	10827
from the higher education improvement fund or the higher education	10828
improvement taxable fund but that are not included on the list,	10829
and the release of money for any specific higher education	10830
projects included on the list that will exceed the estimated	10831
expenditures by more than ten per cent, are subject to the	10832
approval of the controlling board.	10833

The director may create new appropriation items and make	10834
transfers of appropriations to them for specific higher education	10835
projects included on the list that are to be funded from general	10836
purpose appropriations for basic renovations that are made from	10837
the higher education improvement fund or the higher education	10838
improvement taxable fund.	10839

Sec. 126.211. The director of budget and management shall	10840
not release funds to a veterans organization until the director	10841
has been advised by the director of veterans services under	10842
division (Y) of section 5902.02 of the Revised Code that the	10843
organization has submitted a satisfactory report as required by	10844
division (W) of that section.	10845

Sec. 126.32. (A) Any officer of any state agency may	10846
authorize reimbursement for travel, including the costs of	10847
transportation, for lodging, and for meals to any person who is	10848
interviewing for a position that is classified in pay range 13 or	10849
above in schedule E-1 or schedule E-1 for step seven only, or is	10850
classified in schedule E-2, of section 124.152 of the Revised	10851
Code.	10852

(B) If a person is appointed to a position listed in section	10853
121.03 of the Revised Code, to the position of chairperson of the	10854
industrial commission, adjutant general, chancellor of the Ohio	10855
board of regents, superintendent of public instruction,	10856
chairperson of the public utilities commission of Ohio, or	10857
director of the state lottery commission, to a position holding a	10858
fiduciary relationship to the governor, to a position of an	10859
appointing authority of the department of ~~mental health~~mental	10860
health and addiction services, developmental disabilities, or	10861
rehabilitation and correction, to a position of superintendent in	10862
the department of youth services, or to a position under section	10863
122.05 of the Revised Code, and if that appointment requires a	10864
permanent change of residence, the appropriate state agency may	10865
reimburse the person for the person's actual and necessary	10866
expenses, including the cost of in-transit storage of household	10867
goods and personal effects, of moving the person and members of	10868
the person's immediate family residing in the person's household,	10869
and of moving their household goods and personal effects, to the	10870
person's new location.	10871

Until that person moves the person's permanent residence to	10872
the new location, but not for a period that exceeds thirty	10873
consecutive days, the state agency may reimburse the person for	10874
the person's temporary living expenses at the new location that	10875
the person has incurred on behalf of the person and members of the	10876
person's immediate family residing in the person's household. In	10877
addition, the state agency may reimburse that person for the	10878
person's travel expenses between the new location and the person's	10879
former residence during this period for a maximum number of trips	10880
specified by rule of the director of budget and management, but	10881
the state agency shall not reimburse the person for travel	10882
expenses incurred for those trips by members of the person's	10883
immediate family. With the prior written approval of the director,	10884
the maximum thirty-day period for temporary living expenses may be	10885
extended for a person appointed to a position under section 122.05	10886
of the Revised Code.	10887

The director of development services may reimburse a person	10888
appointed to a position under section 122.05 of the Revised Code	10889
for the person's actual and necessary expenses of moving the	10890
person and members of the person's immediate family residing in	10891
the person's household back to the United States and may reimburse	10892
a person appointed to such a position for the cost of storage of	10893
household goods and personal effects of the person and the	10894
person's immediate family while the person is serving outside the	10895
United States, if the person's office outside the United States is	10896
the person's primary job location.	10897

(C) All reimbursement under division (A) or (B) of this	10898
section shall be made in the manner, and at rates that do not	10899
exceed those, provided by rule of the director of budget and	10900
management in accordance with section 111.15 of the Revised Code.	10901
Reimbursements may be made under division (B) of this section	10902
directly to the persons who incurred the expenses or directly to	10903
the providers of goods or services the persons receive, as	10904
determined by the director of budget and management.	10905

Sec. 126.35. (A) The director of budget and management shall	10906
draw warrants or process electronic funds transfers against the	10907
treasurer of state pursuant to all requests for payment that the	10908
director has approved under section 126.07 of the Revised Code.	10909

(B) Unless a cash assistance payment is to be made by	10910
electronic benefit transfer, payment by the director of budget and	10911
management to a participant in the Ohio works first program	10912
pursuant to Chapter 5107. of the Revised Code, a recipient of	10913
disability financial assistance pursuant to Chapter 5115. of the	10914
Revised Code, or a recipient of cash assistance provided under the	10915
refugee assistance program established under section 5101.49 of	10916
the Revised Code shall be made by direct deposit to the account of	10917
the participant or recipient in the financial institution	10918
designated under section 329.03 of the Revised Code. Payment by	10919
the director of budget and management to a recipient of benefits	10920
distributed through the medium of electronic benefit transfer	10921
pursuant to section 5101.33 of the Revised Code shall be by	10922
electronic benefit transfer. Payment by the director of budget and	10923
management as compensation to an employee of the state who has,	10924
pursuant to section 124.151 of the Revised Code, designated a	10925
financial institution and account for the direct deposit of such	10926
payments shall be made by direct deposit to the account of the	10927
employee. Payment to any other payee who has designated a	10928
financial institution and account for the direct deposit of such	10929
payment may be made by direct deposit to the account of the payee	10930
in the financial institution as provided in section 9.37 of the	10931
Revised Code. Accounts maintained by the director of budget and	10932
management or the director's agent in a financial institution for	10933
the purpose of effectuating payment by direct deposit or	10934
electronic benefit transfer shall be maintained in accordance with	10935
section 135.18 of the Revised Code.	10936

(C) All other payments from the state treasury shall be made	10937
by paper warrants, electronic funds transfers, or by direct	10938
deposit payable to the respective payees. The director of budget	10939
and management may mail the paper warrants to the respective	10940
payees or distribute them through other state agencies, whichever	10941
the director determines to be the better procedure.	10942

~~(D) If the average per transaction cost the director of~~	10943
~~budget and management incurs in making direct deposits for a state~~	10944
~~agency exceeds the average per transaction cost the director~~	10945
~~incurs in drawing paper warrants for all public offices during the~~	10946
~~same period of time, the director may certify the difference in~~	10947
~~cost and the number of direct deposits for the agency to the~~	10948
~~director of administrative services. The director of~~	10949
~~administrative services shall reimburse the director of budget and~~	10950
~~management for such additional costs and add the amount to the~~	10951
~~processing charge assessed upon the state agency.~~	10952

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	10953
Revised Code, "state agency" means the administrative departments	10954
listed in section 121.02 of the Revised Code, the department of	10955
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	10956
of regents, the opportunities for Ohioans with disabilities	10957
agency, the public utilities commission of Ohio, the adjutant	10958
general, and the state lottery commission.	10959

(B) The office of internal ~~auditing~~audit is hereby created	10960
in the office of budget and management to ~~conduct~~direct internal	10961
audits of state agencies or divisions of state agencies to improve	10962
their operations in the areas of risk management, internal	10963
controls, and governance. The director of budget and management,	10964
with the approval of the governor, shall appoint for the office of	10965
internal ~~auditing~~audit a chief internal auditor who meets the	10966
qualifications specified in division ~~(C)~~(E) of this section. The	10967
chief internal auditor shall serve at the director's pleasure and	10968
be responsible for the administration of the office of internal	10969
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	10970
Revised Code.	10971

(C) The office of internal ~~auditing~~audit shall conduct	10972
programs for the internal auditing of state agencies. The programs	10973
shall include an annual internal audit plan, reviewed by the state	10974
audit committee, that utilizes risk assessment techniques and	10975
identifies the specific audits to be ~~conducted~~directed during the	10976
year. The programs also shall include periodic audits of each	10977
state agency's major systems and controls, including those systems	10978
and controls pertaining to accounting, administration, and	10979
~~electronic data processing~~information technology. Upon the	10980
request of the office of internal ~~auditing~~audit, each state	10981
agency shall provide office employees access to all records and	10982
documents necessary for the performance of an internal audit.	10983

The director of budget and management shall assess a charge	10984
against each state agency for which the office of internal	10985
~~auditing~~audit conducts internal auditing programs under sections	10986
126.45 to 126.48 of the Revised Code so that the total amount of	10987
these charges is sufficient to cover the costs of the operation of	10988
the office of internal ~~auditing~~audit.	10989

(D) At the request of any other organized body, office, or	10990
agency established by the laws of the state for the exercise of	10991
any function of state government that is not described in division	10992
(A) of this section, the office of internal audit may direct an	10993
internal audit of all or part of that body, office, or agency. The	10994
office of internal audit shall charge an amount sufficient to	10995
cover the costs it incurs in relation to the requested audit.	10996

~~(C)~~(E) The chief internal auditor of the office of internal	10997
~~auditing~~audit shall hold at least a bachelor's degree and be one	10998
of the following:	10999

(1) A certified internal auditor, a certified government	11000
auditing professional, or a certified public accountant, who also	11001
has held a PA registration or a CPA certificate authorized by	11002
Chapter 4701. of the Revised Code for at least four years and has	11003
at least six years of auditing experience;	11004

(2) An auditor who has held a PA registration or a CPA	11005
certificate authorized by Chapter 4701. of the Revised Code for at	11006
least four years and has at least ten years of auditing	11007
experience.	11008

~~(D)~~(F) The chief internal auditor, subject to the direction	11009
and control of the director of budget and management, may appoint	11010
and maintain any staff necessary to carry out the duties assigned	11011
by sections 126.45 to 126.48 of the Revised Code to the office of	11012
internal ~~auditing~~audit or to the chief internal auditor.	11013

Sec. 126.46. (A)(1) There is hereby created the state audit	11014
committee, consisting of the following five members: one public	11015
member appointed by the governor; two public members appointed by	11016
the speaker of the house of representatives, one of which may be a	11017
person who is recommended by the minority leader of the house of	11018
representatives; and two public members appointed by the president	11019
of the senate, one of which may be a person who is recommended by	11020
the minority leader of the senate. Not more than two of the four	11021
members appointed by the speaker of the house of representatives	11022
and the president of the senate shall belong to or be affiliated	11023
with the same political party. The member appointed by the	11024
governor shall have the program and management expertise required	11025
to perform the duties of the committee's chairperson.	11026

Each member of the committee shall be external to the	11027
management structure of state government and shall serve a	11028
three-year term. Each term shall commence on the first day of July	11029
and end on the thirtieth day of June. Any member may continue in	11030
office subsequent to the expiration date of the member's term	11031
until the member's successor takes office or until a period of	11032
ninety days has elapsed, whichever occurs first. Members may be	11033
reappointed to serve one additional term.	11034

On ~~the effective date of the amendment of this section by~~	11035
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	11036
terms of the members shall be altered as follows:	11037

(a) The terms of the members appointed by the president shall	11038
expire on June 30, 2012.	11039

(b) The term of the member appointed by the speaker scheduled	11040
to expire on November 17, 2012, shall expire on June 30, 2013.	11041

(c) The term of the other member appointed by the speaker	11042
shall expire on June 30, 2014.	11043

(d) The term of the member appointed by the governor shall	11044
expire on June 30, 2014.	11045

The committee shall include at least one member who is a	11046
financial expert; at least one member who is an active, inactive,	11047
or retired certified public accountant; at least one member who is	11048
familiar with governmental financial accounting; at least one	11049
member who is familiar with information technology systems and	11050
services; and at least one member who is a representative of the	11051
public.	11052

Any vacancy on the committee shall be filled in the same	11053
manner as provided in this division, and, when applicable, the	11054
person appointed to fill a vacancy shall serve the remainder of	11055
the predecessor's term.	11056

(2) Members of the committee shall receive reimbursement for	11057
actual and necessary expenses incurred in the discharge of their	11058
duties.	11059

(3) The member of the committee appointed by the governor	11060
shall serve as the committee's chairperson.	11061

(4) Members of the committee shall be subject to the	11062
disclosure statement requirements of section 102.02 of the Revised	11063
Code.	11064

(B) The state audit committee shall do all of the following:

11065

(1) ~~Ensure that~~Evaluate whether the internal audits	11066
~~conducted~~directed by the office of internal ~~auditing~~audit in the	11067
office of budget and management conform to the institute of	11068
internal auditors' international ~~standards for the~~ professional	11069
~~practice of~~practices framework for internal auditing and to the	11070
institute of internal auditors' code of ethics;	11071

(2) Review and comment on the process used by the office of	11072
budget and management to prepare ~~its annual budgetary financial~~	11073
~~report and~~ the state's comprehensive annual financial report	11074
required under division (A)(9) of section 126.21 of the Revised	11075
Code;	11076

(3) Review and comment on unaudited financial statements	11077
submitted to the auditor of state and communicate with external	11078
auditors as required by government auditing standards;	11079

(4) Perform the additional functions imposed upon it by	11080
section 126.47 of the Revised Code.	11081

(C) As used in this section, "financial expert" means a	11082
person who has all of the following:	11083

(1) An understanding of generally accepted accounting	11084
principles and financial statements;	11085

(2) The ability to assess the general application of those	11086
principles in connection with accounting for estimates, accruals,	11087
and reserves;	11088

(3) Experience preparing, auditing, analyzing, or evaluating	11089
financial statements presenting accounting issues that generally	11090
are of comparable breadth and level of complexity to those likely	11091
to be presented by a state agency's financial statements, or	11092
experience actively supervising one or more persons engaged in	11093
those activities;	11094

(4) An understanding of internal controls and procedures for	11095
financial reporting; and	11096

(5) An understanding of audit committee functions.

11097

Sec. 126.47. (A) The state audit committee created by	11098
section 126.46 of the Revised Code shall ensure that the office of	11099
internal ~~auditing~~audit in the office of budget and management has	11100
an annual internal audit plan that identifies the internal audits	11101
of state agencies or divisions of state agencies scheduled for the	11102
next fiscal year. The chief internal auditor of the office of	11103
internal ~~auditing~~audit shall submit the plan to the state audit	11104
committee for review and comment before the beginning of each	11105
fiscal year. The chief internal auditor may submit a revised	11106
internal audit plan for review and comment at any time the	11107
director of budget and management believes there is reason to	11108
modify the previously submitted plan for a fiscal year.	11109

(B) To determine the state agencies or divisions of state	11110
agencies that are to be internally audited, the office of internal	11111
~~auditing~~audit, in the formulation of an annual or revised	11112
internal audit plan, and the state audit committee, in reviewing a	11113
submitted annual or revised internal audit plan, shall consider	11114
the following factors:	11115

(1) The risk for fraud, waste, or abuse of public money	11116
within an agency or division;	11117

(2) The length of time since an agency or division was last	11118
subject to an internal audit;	11119

(3) The size of an agency or division, and the amount of time	11120
and resources necessary to audit it;	11121

(4) Any other factor the state audit committee determines to	11122
be relevant.	11123

(C) All internal audits shall be ~~conducted only~~directed by	11124
employees of the office of internal ~~auditing~~audit.	11125

(D) After the conclusion of an internal audit, the chief	11126
internal auditor shall submit a preliminary report of the internal	11127
audit's findings and recommendations to the state audit committee	11128
and to the director of the state agency involved. The state agency	11129
or division of the state agency covered by the preliminary report	11130
shall be provided an opportunity to respond within thirty days	11131
after receipt of the preliminary report. The response shall	11132
include a corrective action plan for any recommendations in the	11133
preliminary report that are not disputed by the agency or	11134
division. Any response received by the office of internal ~~auditing~~	11135
audit within that thirty-day period shall be included in the	11136
office's final report of the internal audit's findings and	11137
recommendations. The final report shall be issued by the office of	11138
internal ~~auditing~~audit within thirty days after the termination	11139
of the thirty-day response period. Copies of the final report	11140
shall be submitted to the state audit committee, the governor, and	11141
the director of the state agency involved. The state audit	11142
committee shall determine an appropriate method for making the	11143
preliminary and final reports available for public inspection in a	11144
timely manner.	11145

Any suspected fraud or other illegal activity discovered by	11146
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	11147
internal audit shall be reported immediately to the state audit	11148
committee, the director of the state agency in which the fraud or	11149
illegal activity is suspected to have occurred, and the auditor of	11150
state.	11151

(E) The chief internal auditor shall prepare an annual report	11152
and submit the report to the governor, the president of the	11153
senate, the speaker of the house of representatives, and the	11154
auditor of state. The office of budget and management shall make	11155
the report available to the public by posting it on the office's	11156
web site before the first of ~~July~~August of each year.	11157

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	11158
this section, any preliminary or final report of an internal	11159
audit's findings and recommendations which is produced by the	11160
office of internal ~~auditing~~audit in the office of budget and	11161
management and all work papers of the internal audit are	11162
confidential and are not public records under section 149.43 of	11163
the Revised Code until the final report of an internal audit's	11164
findings and recommendations is submitted to the state audit	11165
committee, the governor, and the director of the state agency	11166
involved.	11167

(B) The following are not public records under section 149.43	11168
of the Revised Code:	11169

(1) An internal audit report that meets the definition of a	11170
security record under section 149.433 of the Revised Code;	11171

(2) Any information derived from a state tax return or state	11172
tax return information as permitted to be used by the office of	11173
internal audit under section 5703.21 of the Revised Code.	11174

Sec. 127.14. The controlling board may, at the request of	11175
any state agency or the director of budget and management,	11176
authorize, with respect to the provisions of any appropriation	11177
act:	11178

(A) Transfers of all or part of an appropriation within but	11179
not between state agencies, except such transfers as the director	11180
of budget and management is authorized by law to make, provided	11181
that no transfer shall be made by the director for the purpose of	11182
effecting new or changed levels of program service not authorized	11183
by the general assembly;	11184

(B) Transfers of all or part of an appropriation from one	11185
fiscal year to another;	11186

(C) Transfers of all or part of an appropriation within or	11187
between state agencies made necessary by administrative	11188
reorganization or by the abolition of an agency or part of an	11189
agency;	11190

(D) Transfers of all or part of cash balances in excess of	11191
needs from any fund of the state to the general revenue fund or to	11192
such other fund of the state to which the money would have been	11193
credited in the absence of the fund from which the transfers are	11194
authorized to be made, except that the controlling board may not	11195
authorize such transfers from the accrued leave liability fund,	11196
auto registration distribution fund, local motor vehicle license	11197
tax fund, budget stabilization fund, building improvement fund,	11198
development bond retirement fund, facilities establishment fund,	11199
gasoline excise tax fund, general revenue fund, higher education	11200
improvement fund, highway improvement bond retirement fund,	11201
highway obligations bond retirement fund, highway capital	11202
improvement fund, highway operating fund, horse racing tax fund,	11203
improvements bond retirement fund, public library fund, liquor	11204
control fund, local government fund, local transportation	11205
improvement program fund, mental health facilities improvement	11206
fund, Ohio fairs fund, parks and recreation improvement fund,	11207
public improvements bond retirement fund, school district income	11208
tax fund, state agency facilities improvement fund, state and	11209
local government highway distribution fund, state highway safety	11210
fund, state lottery fund, undivided liquor permit fund, Vietnam	11211
conflict compensation bond retirement fund, volunteer fire	11212
fighters' dependents fund, waterways safety fund, wildlife fund,	11213
workers' compensation fund, or any fund not specified in this	11214
division that the director of budget and management determines to	11215
be a bond fund or bond retirement fund;	11216

(E) Transfers of all or part of those appropriations included	11217
in the emergency purposes account of the controlling board;	11218

(F) Temporary transfers of all or part of an appropriation or	11219
other moneys into and between existing funds, or new funds, as may	11220
be established by law when needed for capital outlays for which	11221
notes or bonds will be issued;	11222

(G) Transfer or release of all or part of an appropriation to	11223
a state agency requiring controlling board approval of such	11224
transfer or release as provided by law;	11225

(H) Temporary transfer of funds included in the emergency	11226
purposes appropriation of the controlling board. Such temporary	11227
transfers may be made subject to conditions specified by the	11228
controlling board at the time temporary transfers are authorized.	11229
No transfers shall be made under this division for the purpose of	11230
effecting new or changed levels of program service not authorized	11231
by the general assembly.	11232

As used in this section, "request" means an application by a	11233
state agency or the director of budget and management seeking some	11234
action by the controlling board.	11235

When authorizing the transfer of all or part of an	11236
appropriation under this section, the controlling board may	11237
authorize the transfer to an existing appropriation item and the	11238
creation of and transfer to a new appropriation item.	11239

Whenever there is a transfer of all or part of funds included	11240
in the emergency purposes appropriation by the controlling board,	11241
pursuant to division (E) of this section, the state agency or the	11242
director of budget and management receiving such transfer shall	11243
keep a detailed record of the use of the transferred funds. At the	11244
earliest scheduled meeting of the controlling board following the	11245
accomplishment of the purposes specified in the request originally	11246
seeking the transfer, or following the total expenditure of the	11247
transferred funds for the specified purposes, the state agency or	11248
the director of budget and management shall submit a report on the	11249
expenditure of such funds to the board. The portion of any	11250
appropriation so transferred which is not required to accomplish	11251
the purposes designated in the original request to the controlling	11252
board shall be returned to the proper appropriation of the	11253
controlling board at this time.	11254

Notwithstanding any provisions of law providing for the	11255
deposit of revenues received by a state agency to the credit of a	11256
particular fund in the state treasury, whenever there is a	11257
temporary transfer of funds included in the emergency purposes	11258
appropriation of the controlling board pursuant to division (H) of	11259
this section, revenues received by any state agency receiving such	11260
a temporary transfer of funds shall, as directed by the	11261
controlling board, be transferred back to the emergency purposes	11262
appropriation.	11263

The board may delegate to the director of budget and	11264
management authority to approve transfers among items of	11265
appropriation under division (A) of this section.	11266

Sec. 127.16. (A) Upon the request of either a state agency	11267
or the director of budget and management and after the controlling	11268
board determines that an emergency or a sufficient economic reason	11269
exists, the controlling board may approve the making of a purchase	11270
without competitive selection as provided in division (B) of this	11271
section.	11272

(B) Except as otherwise provided in this section, no state	11273
agency, using money that has been appropriated to it directly,	11274
shall:	11275

(1) Make any purchase from a particular supplier, that would	11276
amount to fifty thousand dollars or more when combined with both	11277
the amount of all disbursements to the supplier during the fiscal	11278
year for purchases made by the agency and the amount of all	11279
outstanding encumbrances for purchases made by the agency from the	11280
supplier, unless the purchase is made by competitive selection or	11281
with the approval of the controlling board;	11282

(2) Lease real estate from a particular supplier, if the	11283
lease would amount to seventy-five thousand dollars or more when	11284
combined with both the amount of all disbursements to the supplier	11285
during the fiscal year for real estate leases made by the agency	11286
and the amount of all outstanding encumbrances for real estate	11287
leases made by the agency from the supplier, unless the lease is	11288
made by competitive selection or with the approval of the	11289
controlling board.	11290

(C) Any person who authorizes a purchase in violation of	11291
division (B) of this section shall be liable to the state for any	11292
state funds spent on the purchase, and the attorney general shall	11293
collect the amount from the person.	11294

(D) Nothing in division (B) of this section shall be	11295
construed as:	11296

(1) A limitation upon the authority of the director of	11297
transportation as granted in sections 5501.17, 5517.02, and	11298
5525.14 of the Revised Code;	11299

(2) Applying to medicaid provider agreements under ~~Chapter~~	11300
~~5111. of~~ the ~~Revised Code~~medicaid program;	11301

(3) Applying to the purchase of examinations from a sole	11302
supplier by a state licensing board under Title XLVII of the	11303
Revised Code;	11304

(4) Applying to entertainment contracts for the Ohio state	11305
fair entered into by the Ohio expositions commission, provided	11306
that the controlling board has given its approval to the	11307
commission to enter into such contracts and has approved a total	11308
budget amount for such contracts as agreed upon by commission	11309
action, and that the commission causes to be kept itemized records	11310
of the amounts of money spent under each contract and annually	11311
files those records with the clerk of the house of representatives	11312
and the clerk of the senate following the close of the fair;	11313

(5) Limiting the authority of the chief of the division of	11314
mineral resources management to contract for reclamation work with	11315
an operator mining adjacent land as provided in section 1513.27 of	11316
the Revised Code;	11317

(6) Applying to investment transactions and procedures of any	11318
state agency, except that the agency shall file with the board the	11319
name of any person with whom the agency contracts to make, broker,	11320
service, or otherwise manage its investments, as well as the	11321
commission, rate, or schedule of charges of such person with	11322
respect to any investment transactions to be undertaken on behalf	11323
of the agency. The filing shall be in a form and at such times as	11324
the board considers appropriate.	11325

(7) Applying to purchases made with money for the per cent	11326
for arts program established by section 3379.10 of the Revised	11327
Code;	11328

(8) Applying to purchases made by the ~~rehabilitation services~~	11329
~~commission~~opportunities for Ohioans with disabilities agency of	11330
services, or supplies, that are provided to persons with	11331
disabilities, or to purchases made by the ~~commission~~agency in	11332
connection with the eligibility determinations it makes for	11333
applicants of programs administered by the social security	11334
administration;	11335

(9) Applying to payments by the department of ~~job and family~~	11336
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	11337
Code for group health plan premiums, deductibles, coinsurance, and	11338
other cost-sharing expenses;	11339

(10) Applying to any agency of the legislative branch of the	11340
state government;	11341

(11) Applying to agreements or contracts entered into under	11342
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11343
Revised Code;	11344

(12) Applying to purchases of services by the adult parole	11345
authority under section 2967.14 of the Revised Code or by the	11346
department of youth services under section 5139.08 of the Revised	11347
Code;	11348

(13) Applying to dues or fees paid for membership in an	11349
organization or association;	11350

(14) Applying to purchases of utility services pursuant to	11351
section 9.30 of the Revised Code;	11352

(15) Applying to purchases made in accordance with rules	11353
adopted by the department of administrative services of motor	11354
vehicle, aviation, or watercraft fuel, or emergency repairs of	11355
such vehicles;	11356

(16) Applying to purchases of tickets for passenger air	11357
transportation;	11358

(17) Applying to purchases necessary to provide public	11359
notifications required by law or to provide notifications of job	11360
openings;	11361

(18) Applying to the judicial branch of state government;

11362

(19) Applying to purchases of liquor for resale by the	11363
division of liquor control;	11364

(20) Applying to purchases of motor courier and freight	11365
services made in accordance with department of administrative	11366
services rules;	11367

(21) Applying to purchases from the United States postal	11368
service and purchases of stamps and postal meter replenishment	11369
from vendors at rates established by the United States postal	11370
service;	11371

(22) Applying to purchases of books, periodicals, pamphlets,	11372
newspapers, maintenance subscriptions, and other published	11373
materials;	11374

(23) Applying to purchases from other state agencies,	11375
including state-assisted institutions of higher education or the	11376
Ohio historical society;	11377

(24) Limiting the authority of the director of environmental	11378
protection to enter into contracts under division (D) of section	11379
3745.14 of the Revised Code to conduct compliance reviews, as	11380
defined in division (A) of that section;	11381

(25) Applying to purchases from a qualified nonprofit agency	11382
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11383
the Revised Code;	11384

(26) Applying to payments by the department of job and family	11385
services to the United States department of health and human	11386
services for printing and mailing notices pertaining to the tax	11387
refund offset program of the internal revenue service of the	11388
United States department of the treasury;	11389

(27) Applying to contracts entered into by the department of	11390
developmental disabilities under section 5123.18 of the Revised	11391
Code;	11392

(28) Applying to payments made by the department of ~~mental~~	11393
~~health~~mental health and addiction services under a physician	11394
recruitment program authorized by section ~~5119.101~~5119.185 of	11395
the Revised Code;	11396

(29) Applying to contracts entered into with persons by the	11397
director of commerce for unclaimed funds collection and remittance	11398
efforts as provided in division (F) of section 169.03 of the	11399
Revised Code. The director shall keep an itemized accounting of	11400
unclaimed funds collected by those persons and amounts paid to	11401
them for their services.	11402

(30) Applying to purchases made by a state institution of	11403
higher education in accordance with the terms of a contract	11404
between the vendor and an inter-university purchasing group	11405
comprised of purchasing officers of state institutions of higher	11406
education;	11407

(31) Applying to the department of ~~job and family services'~~	11408
medicaid's purchases of health assistance services under the	11409
children's health insurance program ~~part I provided for under~~	11410
~~section 5101.50 of the Revised Code, the children's health~~	11411
~~insurance program part II provided for under section 5101.51 of~~	11412
~~the Revised Code, or the children's health insurance program part~~	11413
~~III provided for under section 5101.52 of the Revised Code~~;	11414

(32) Applying to payments by the attorney general from the	11415
reparations fund to hospitals and other emergency medical	11416
facilities for performing medical examinations to collect physical	11417
evidence pursuant to section 2907.28 of the Revised Code;	11418

(33) Applying to contracts with a contracting authority or	11419
administrative receiver under division (B) of section 5126.056 of	11420
the Revised Code;	11421

(34) Applying to purchases of goods and services by the	11422
department of veterans services in accordance with the terms of	11423
contracts entered into by the United States department of veterans	11424
affairs;	11425

(35) Applying to payments by the superintendent of the bureau	11426
of criminal identification and investigation to the federal bureau	11427
of investigation for criminal records checks pursuant to section	11428
109.572 of the Revised Code;	11429

(36) Applying to contracts entered into by the department of	11430
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	11431
the Revised Code;	11432

(37) Applying to contracts entered into under section 5160.12	11433
of the Revised Code;	11434

(38) Applying to payments to the Ohio historical society from	11435
other state agencies.	11436

(E) When determining whether a state agency has reached the	11437
cumulative purchase thresholds established in divisions (B)(1) and	11438
(2) of this section, all of the following purchases by such agency	11439
shall not be considered:	11440

(1) Purchases made through competitive selection or with	11441
controlling board approval;	11442

(2) Purchases listed in division (D) of this section;

11443

(3) For the purposes of the threshold of division (B)(1) of	11444
this section only, leases of real estate.	11445

(F) As used in this section, "competitive selection,"	11446
"purchase," "supplies," and "services" have the same meanings as	11447
in section 125.01 of the Revised Code.	11448

~~Sec. 5507.01.~~ Sec. 128.01. As used in this chapter:

11449

(A) "9-1-1 system" means a system through which individuals	11450
can request emergency service using the telephone number 9-1-1.	11451

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	11452
provides information on the nature of and the location of an	11453
emergency, and the personnel receiving the call must determine the	11454
appropriate emergency service provider to respond at that	11455
location.	11456

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	11457
providing both enhanced wireline 9-1-1 and wireless enhanced	11458
9-1-1.	11459

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	11460
the wireline telephone network, in providing wireline 9-1-1,	11461
automatically routes the call to emergency service providers that	11462
serve the location from which the call is made and immediately	11463
provides to personnel answering the 9-1-1 call information on the	11464
location and the telephone number from which the call is being	11465
made.	11466

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	11467
providing wireless 9-1-1, has the capabilities of phase I and, to	11468
the extent available, phase II enhanced 9-1-1 services as	11469
described in 47 C.F.R. 20.18 (d) to (h).	11470

(F)(1) "Wireless service" means federally licensed commercial	11471
mobile service as defined in 47 U.S.C. 332(d) and further defined	11472
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	11473
service provided by any wireless, two-way communications device,	11474
including a radio-telephone communications line used in cellular	11475
telephone service or personal communications service, a network	11476
radio access line, or any functional or competitive equivalent of	11477
such a radio-telephone communications or network radio access	11478
line.	11479

(2) Nothing in this chapter applies to paging or any service	11480
that cannot be used to call 9-1-1.	11481

(G) "Wireless service provider" means a facilities-based	11482
provider of wireless service to one or more end users in this	11483
state.	11484

(H) "Wireless 9-1-1" means the emergency calling service	11485
provided by a 9-1-1 system pursuant to a call originating in the	11486
network of a wireless service provider.	11487

(I) "Wireline 9-1-1" means the emergency calling service	11488
provided by a 9-1-1 system pursuant to a call originating in the	11489
network of a wireline service provider.	11490

(J) "Wireline service provider" means a facilities-based	11491
provider of wireline service to one or more end-users in this	11492
state.	11493

(K) "Wireline service" means basic local exchange service, as	11494
defined in section 4927.01 of the Revised Code, that is	11495
transmitted by means of interconnected wires or cables by a	11496
wireline service provider authorized by the public utilities	11497
commission.	11498

(L) "Wireline telephone network" means the selective router	11499
and data base processing systems, trunking and data wiring cross	11500
connection points at the public safety answering point, and all	11501
other voice and data components of the 9-1-1 system.	11502

(M) "Subdivision" means a county, municipal corporation,	11503
township, township fire district, joint fire district, township	11504
police district, joint police district, joint ambulance district,	11505
or joint emergency medical services district that provides	11506
emergency service within its territory, or that contracts with	11507
another municipal corporation, township, or district or with a	11508
private entity to provide such service; and a state college or	11509
university, port authority, or park district of any kind that	11510
employs law enforcement officers that act as the primary police	11511
force on the grounds of the college or university or port	11512
authority or in the parks operated by the district.	11513

(N) "Emergency service" means emergency law enforcement,	11514
firefighting, ambulance, rescue, and medical service.	11515

(O) "Emergency service provider" means the state highway	11516
patrol and an emergency service department or unit of a	11517
subdivision or that provides emergency service to a subdivision	11518
under contract with the subdivision.	11519

(P) "Public safety answering point" means a facility to which	11520
9-1-1 system calls for a specific territory are initially routed	11521
for response and where personnel respond to specific requests for	11522
emergency service by directly dispatching the appropriate	11523
emergency service provider, relaying a message to the appropriate	11524
provider, or transferring the call to the appropriate provider.	11525

(Q) "Customer premises equipment" means telecommunications	11526
equipment, including telephone instruments, on the premises of a	11527
public safety answering point that is used in answering and	11528
responding to 9-1-1 system calls.	11529

(R) "Municipal corporation in the county" includes any	11530
municipal corporation that is wholly contained in the county and	11531
each municipal corporation located in more than one county that	11532
has a greater proportion of its territory in the county to which	11533
the term refers than in any other county.	11534

(S) "Board of county commissioners" includes the legislative	11535
authority of a county established under Section 3 of Article X,	11536
Ohio Constitution, or Chapter 302. of the Revised Code.	11537

(T) "Final plan" means a final plan adopted under division	11538
(B) of section ~~5507.08~~128.08 of the Revised Code and, except as	11539
otherwise expressly provided, an amended final plan adopted under	11540
section ~~5507.12~~128.12 of the Revised Code.	11541

(U) "Subdivision served by a public safety answering point"	11542
means a subdivision that provides emergency service for any part	11543
of its territory that is located within the territory of a public	11544
safety answering point whether the subdivision provides the	11545
emergency service with its own employees or pursuant to a	11546
contract.	11547

(V) A township's population includes only population of the	11548
unincorporated portion of the township.	11549

(W) "Telephone company" means a company engaged in the	11550
business of providing local exchange telephone service by making	11551
available or furnishing access and a dial tone to persons within a	11552
local calling area for use in originating and receiving voice	11553
grade communications over a switched network operated by the	11554
provider of the service within the area and gaining access to	11555
other telecommunications services. "Telephone company" includes a	11556
wireline service provider and a wireless service provider unless	11557
otherwise expressly specified. For purposes of sections ~~5507.25~~	11558
128.25 and ~~5507.26~~128.26 of the Revised Code, "telephone company"	11559
means a wireline service provider.	11560

(X) "Prepaid wireless calling service" has the same meaning	11561
as in division (AA)(5) of section 5739.01 of the Revised Code.	11562

(Y) "Provider of a prepaid wireless calling service" means a	11563
wireless service provider that provides a prepaid wireless calling	11564
service.	11565

(Z) "Retail sale" has the same meaning as in section 5739.01	11566
of the Revised Code.	11567

(AA) "Seller" means a person that sells a prepaid wireless	11568
calling service to another person by retail sale.	11569

(BB) "Consumer" means the person for whom the prepaid	11570
wireless calling service is provided, to whom the transfer	11571
effected or license given by a sale is or is to be made or given,	11572
to whom the prepaid wireless calling service is charged, or to	11573
whom the admission is granted.	11574

(CC) "Reseller" means a nonfacilities-based provider of	11575
wireless service that provides wireless service under its own name	11576
to one or more end users in this state using the network of a	11577
wireless service provider.	11578

(DD) "Steering committee" means the statewide emergency	11579
services internet protocol network steering committee established	11580
by division (A)(1) of section 128.02 of the Revised Code.	11581

~~Sec. 5507.02.~~ Sec. 128.02. (A)(1) There is hereby created the	11582
statewide emergency services internet protocol network steering	11583
committee, consisting of the following ten members:	11584

(a) The state chief information officer or the officer's	11585
designee;	11586

(b) Two members of the house of representatives appointed by	11587
the speaker, one from the majority party and one from the minority	11588
party;	11589

(c) Two members of the senate appointed by the president, one	11590
from the majority party and one from the minority party;	11591

(d) Five members appointed by the governor.

11592

(2) In appointing the five members under division (A)(1)(d)	11593
of this section, the governor shall appoint two representatives of	11594
the county commissioners' association of Ohio or a successor	11595
organization, two representatives of the Ohio municipal league or	11596
a successor organization, and one representative of the Ohio	11597
township association or a successor organization. For each of	11598
these appointments, the governor shall consider a nominee proposed	11599
by the association or successor organization. The governor may	11600
reject any of the nominees and may request that a nominating	11601
entity submit alternative nominees.	11602

(3) Initial appointments shall be made not later than ten	11603
days after September 28, 2012.	11604

(B)(1) The state chief information officer or the officer's	11605
designee shall serve as the chairperson of the steering committee	11606
and shall be a nonvoting member. All other members shall be voting	11607
members.	11608

(2) A member of the steering committee appointed from the	11609
membership of the senate or the house of representatives shall	11610
serve during the member's term as a member of the general assembly	11611
and until a successor is appointed and qualified, notwithstanding	11612
adjournment of the general assembly or the expiration of the	11613
member's term as a member of the general assembly.	11614

(3) The initial terms of one of the representatives of the	11615
county commissioners' association of Ohio, one of the	11616
representatives of the Ohio municipal league, and the	11617
representative of the Ohio township association shall all expire	11618
on December 31, 2016. The initial terms of the other	11619
representatives of the county commissioners' association of Ohio	11620
and the Ohio municipal league shall expire on December 31, 2014.	11621
Thereafter, terms of the members appointed by the governor shall	11622
be for four years, with each term ending on the same day of the	11623
same month as the term it succeeds. Each member appointed by the	11624
governor shall hold office from the date of the member's	11625
appointment until the end of the term for which the member was	11626
appointed, and may be reappointed. A member appointed by the	11627
governor shall continue in office after the expiration date of the	11628
member's term until the member's successor takes office or until a	11629
period of sixty days has elapsed, whichever occurs first. Members	11630
appointed by the governor shall serve without compensation and	11631
shall not be reimbursed for expenses.	11632

(4) A vacancy in the position of any member of the steering	11633
committee shall be filled for the unexpired term in the same	11634
manner as the original appointment.	11635

(C) The steering committee shall generally advise the state	11636
on the implementation, operation, and maintenance of a statewide	11637
emergency services internet protocol network that would support	11638
state and local government next-generation 9-1-1 and the dispatch	11639
of emergency service providers. The steering committee shall do	11640
all of the following:	11641

(1) On or before May 15, 2013, deliver an initial report to	11642
the speaker of the house of representatives, the president of the	11643
senate, and the governor providing recommendations for the state	11644
to address the development of a statewide emergency services	11645
internet protocol network, which recommendations shall include a	11646
review of the current funding model for this state's 9-1-1 systems	11647
and may include a recommendation for a reduction in wireless 9-1-1	11648
charges;	11649

(2) Examine the readiness of the state's current technology	11650
infrastructure for a statewide emergency services internet	11651
protocol network;	11652

(3) Research legislative authority with regard to governance	11653
and funding of a statewide emergency services internet protocol	11654
network, and provide recommendations on best practices to limit	11655
duplicative efforts to ensure an effective transition to	11656
next-generation 9-1-1;	11657

(4) Make recommendations for consolidation of	11658
public-safety-answering-point operations in this state, including	11659
recommendations for accelerating the consolidation schedule	11660
established in section ~~5507.571~~128.571 of the Revised Code, to	11661
accommodate next-generation 9-1-1 technology and to facilitate a	11662
more efficient and effective emergency services system;	11663

(5) Recommend policies, procedures, and statutory or	11664
regulatory authority to effectively govern a statewide emergency	11665
services internet protocol network;	11666

(6) Designate a next-generation 9-1-1 statewide coordinator	11667
to serve as the primary point of contact for federal initiatives;	11668

(7) Coordinate with statewide initiatives and associations	11669
such as the state interoperable executive committee, the Ohio	11670
geographically referenced information program council, the Ohio	11671
multi-agency radio communications system steering committee, and	11672
other interested parties;	11673

(8) Serve as the entity responsible for the administration of	11674
Chapter 128. of the Revised Code.	11675

(D)(1) ~~Not later than February 15, 2013, each chairperson of~~	11676
~~a countywide 9-1-1 planning committee or the chairperson's~~	11677
~~designee shall report the following information~~A 9-1-1 service	11678
provider shall provide to the steering committee:	11679

(a) The aggregate number of access lines that the provider	11680
maintains within the state of Ohio;	11681

(b) The aggregate amount of costs and cost recovery	11682
associated with providing 9-1-1 service, including coverage under	11683
tariffs and bill and keep arrangements within this state;	11684

(c) Any other information requested by the steering committee	11685
deemed necessary to support the transition to next generation	11686
9-1-1.	11687

(2) Any political subdivision or governmental entity	11688
operating a public safety answering point shall provide to the	11689
steering committee:	11690

(a) The geographic location and population of the area for	11691
which the planning committee is responsible;	11692

(b) Statistics detailing the number of 9-1-1 calls received;

11693

(c) A report of expenditures made from disbursements ~~from the~~	11694
~~wireless~~for 9-1-1 ~~government assistance fund~~;	11695

(d) An inventory of and the technical specifications for the	11696
current 9-1-1 network and equipment;	11697

(e) Any other information requested by the steering committee	11698
that is deemed necessary to support the transition to next	11699
generation 9-1-1.	11700

~~(2)(a) If, by February 15, 2013, a countywide 9-1-1 planning~~	11701
~~committee fails to provide to the steering committee the~~	11702
~~information required under division (D)(1) of this section, the~~	11703
~~steering committee shall notify the Ohio 9-1-1 coordinator of the~~	11704
~~failure and the coordinator shall suspend disbursements from the~~	11705
~~wireless 9-1-1 government assistance fund to that county.~~	11706
~~Disbursements to the county shall resume after the steering~~	11707
~~committee receives the required information and notifies the~~	11708
~~coordinator that the requirement has been met.~~	11709

~~(b) Beginning January 1, 2014, the notification that the~~	11710
~~steering committee has received the required information shall be~~	11711
~~sent to the tax commissioner, and the disbursements to the county~~	11712
~~shall resume after the tax commissioner receives that notice~~	11713

(3) The information requested under divisions (D)(1) and (2)	11714
of this section shall be provided by the 9-1-1 service provider,	11715
political subdivision, or governmental entity within forty-five	11716
days of the request of the steering committee.	11717

(E) The steering committee shall hold its inaugural meeting	11718
not later than thirty days after September 28, 2012. Thereafter,	11719
the steering committee shall meet at least once a month, either in	11720
person or utilizing telecommunication-conferencing technology. A	11721
majority of the voting members shall constitute a quorum.	11722

(F)(1) The steering committee shall have a permanent	11723
technical-standards subcommittee and a permanent	11724
public-safety-answering-point-operations subcommittee, and may,	11725
from time to time, establish additional subcommittees, to advise	11726
and assist the steering committee based upon the subcommittees'	11727
areas of expertise.	11728

(2) The membership of subcommittees shall be determined by	11729
the steering committee.	11730

(a) The technical-standards subcommittee shall include one	11731
member representing a wireline or wireless service provider that	11732
participates in the state's 9-1-1 system, one representative of	11733
the Ohio academic resources network, one representative of the	11734
Ohio multi-agency radio communications system steering committee,	11735
one representative of the Ohio geographically referenced	11736
information program, and one member representing each of the	11737
following associations selected by the steering committee from	11738
nominations received from that association:	11739

(i) The Ohio telephone association;

11740

(ii) The Ohio chapter of the association of public-safety	11741
communications officials;	11742

(iii) The Ohio chapter of the national emergency number	11743
association.	11744

(b) The public-safety-answering-point-operations subcommittee	11745
shall include one member representing the division of emergency	11746
management of the department of public safety, one member	11747
representing the state highway patrol, two members recommended by	11748
the county commissioners' association of Ohio who are managers of	11749
public safety answering points, two members recommended by the	11750
Ohio municipal league who are managers of public safety answering	11751
points, and one member from each of the following associations	11752
selected by the steering committee from nominations received from	11753
that association:	11754

(i) The buckeye state sheriffs' association;

11755

(ii) The Ohio association of chiefs of police;

11756

(iii) The Ohio association of fire chiefs;

11757

(iv) The Ohio chapter of the association of public-safety	11758
communications officials;	11759

(v) The Ohio chapter of the national emergency number	11760
association.	11761

(G) The committee is not an agency, as defined in section	11762
101.82 of the Revised Code, for purposes of sections 101.82 to	11763
101.87 of the Revised Code.	11764

(H) As used in this section, "9-1-1 system," "wireless	11765
service provider," "wireline service provider," "emergency service	11766
provider," and "public safety answering point" have the same	11767
meanings as in section ~~5507.01~~128.01 of the Revised Code.	11768

(I) As used in this section, "bill and keep arrangements" has	11769
the same meaning as in 47 C.F.R. 51.713.	11770

~~Sec. 5507.021.~~ Sec. 128.021. Not later than January 1, 2014, and	11771
in accordance with Chapter 119. of the Revised Code, the ~~statewide~~	11772
~~emergency services internet protocol network~~ steering committee	11773
shall adopt rules that establish technical and operational	11774
standards for public safety answering points eligible to receive	11775
disbursements under section ~~5507.55~~128.55 of the Revised Code.	11776
The rules shall incorporate industry standards and best practices	11777
for wireless 9-1-1 services. Public safety answering points shall	11778
comply with the standards not later than two years after the	11779
effective date of the rules adopting the standards.	11780

~~Sec. 5507.022.~~ Sec. 128.022. The ~~statewide emergency services~~	11781
~~internet protocol network~~ steering committee shall establish	11782
guidelines for the tax commissioner to use when disbursing money	11783
from the next generation 9-1-1 fund to countywide 9-1-1 systems in	11784
the state. The guidelines shall be consistent with the standards	11785
adopted in section ~~5507.021~~128.021 of the Revised Code and shall	11786
specify that disbursements may be used for costs associated with	11787
the operation of and equipment for phase II wireless systems and	11788
for costs associated with a county's migration to next generation	11789
9-1-1 systems and technology.	11790

~~Sec. 5507.03.~~ Sec. 128.03. (A)(1) A countywide 9-1-1 system shall	11791
include all of the territory of the townships and municipal	11792
corporations in the county and any portion of such a municipal	11793
corporation that extends into an adjacent county.	11794

(2) The system shall exclude any territory served by a	11795
wireline service provider that is not capable of reasonably	11796
meeting the technical and economic requirements of providing the	11797
wireline telephone network portion of the countywide system for	11798
that territory. The system shall exclude from enhanced 9-1-1 any	11799
territory served by a wireline service provider that is not	11800
capable of reasonably meeting the technical and economic	11801
requirements of providing the wireline telephone network portion	11802
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	11803
committee and a wireline service provider do not agree on whether	11804
the provider is so capable, the planning committee shall notify	11805
the ~~department of public safety~~steering committee, and the	11806
~~department~~steering committee shall determine whether the wireline	11807
service provider is so capable. The planning committee shall	11808
ascertain whether such disagreement exists before making its	11809
implementation proposal under division (A) of section ~~5507.07~~	11810
128.07 of the Revised Code. The ~~department's~~steering committee's	11811
determination shall be in the form of an order. No final plan	11812
shall require a wireline service provider to provide the wireline	11813
telephone network portion of a 9-1-1 system that the ~~department~~	11814
steering committee has determined the provider is not reasonably	11815
capable of providing.	11816

(B) A countywide 9-1-1 system may be a basic or enhanced	11817
9-1-1 system, or a combination of the two, and shall be for the	11818
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	11819

(C) Every emergency service provider that provides emergency	11820
service within the territory of a countywide 9-1-1 system shall	11821
participate in the countywide system.	11822

(D)(1) Each public safety answering point shall be operated	11823
by a subdivision or a regional council of governments and shall be	11824
operated constantly.	11825

(2) A subdivision or a regional council of governments that	11826
operates a public safety answering point shall pay all of the	11827
costs associated with establishing, equipping, furnishing,	11828
operating, and maintaining that facility and shall allocate those	11829
costs among itself and the subdivisions served by the answering	11830
point based on the allocation formula in a final plan. The	11831
wireline service provider or other entity that provides or	11832
maintains the customer premises equipment shall bill the operating	11833
subdivision or the operating regional council of governments for	11834
the cost of providing such equipment, or its maintenance. A	11835
wireless service provider and a subdivision or regional council of	11836
governments operating a public safety answering point may enter	11837
into a service agreement for providing wireless enhanced 9-1-1	11838
pursuant to a final plan adopted under this chapter.	11839

(E) Except to the extent provided in a final plan that	11840
provides for funding of a 9-1-1 system in part through charges	11841
imposed under section ~~5507.22~~128.22 of the Revised Code, each	11842
subdivision served by a public safety answering point shall pay	11843
the subdivision or regional council of governments that operates	11844
the answering point the amount computed in accordance with the	11845
allocation formula set forth in the final plan.	11846

(F) Notwithstanding any other provision of law, the purchase	11847
or other acquisition, installation, and maintenance of the	11848
telephone network for a 9-1-1 system and the purchase or other	11849
acquisition, installation, and maintenance of customer premises	11850
equipment at a public safety answering point made in compliance	11851
with a final plan or an agreement under section ~~5507.09~~128.09 of	11852
the Revised Code, including customer premises equipment used to	11853
provide wireless enhanced 9-1-1, are not subject to any	11854
requirement of competitive bidding.	11855

(G) Each emergency service provider participating in a	11856
countywide 9-1-1 system shall maintain a telephone number in	11857
addition to 9-1-1.	11858

(H) Whenever a final plan provides for the implementation of	11859
basic 9-1-1, the planning committee shall so notify the ~~department~~	11860
~~of public safety~~steering committee, which shall determine whether	11861
the wireline service providers serving the territory covered by	11862
the plan are capable of reasonably meeting the technical and	11863
economic requirements of providing the wireline telephone network	11864
portion of an enhanced 9-1-1 system. The determination shall be	11865
made solely for purposes of division (C)(2) of section ~~5507.18~~	11866
128.18 of the Revised Code.	11867

(I) If the public safety answering point personnel reasonably	11868
determine that a 9-1-1 call is not an emergency, the personnel	11869
shall provide the caller with the telephone number of an	11870
appropriate subdivision agency as applicable.	11871

(J) A final plan adopted under this chapter, or an agreement	11872
under section ~~5507.09~~128.09 of the Revised Code, may provide	11873
that, by further agreement included in the plan or agreement, the	11874
state highway patrol or one or more public safety answering points	11875
of another 9-1-1 system is the public safety answering point or	11876
points for the provision of wireline or wireless 9-1-1 for all or	11877
part of the territory of the 9-1-1 system established under the	11878
plan or agreement. In that event, the subdivision for which the	11879
wireline or wireless 9-1-1 is provided as named in the agreement	11880
shall be deemed the subdivision operating the public safety	11881
answering point or points for purposes of this chapter, except	11882
that, for the purpose of division (D)(2) of this section, that	11883
subdivision shall pay only so much of the costs of establishing,	11884
equipping, furnishing, operating, or maintaining any such public	11885
safety answering point as are specified in the agreement with the	11886
patrol or other system.	11887

(K) A final plan for the provision of wireless enhanced 9-1-1	11888
shall provide that any wireless 9-1-1 calls routed to a state	11889
highway patrol-operated public safety answering point by default,	11890
due to a wireless service provider so routing all such calls of	11891
its subscribers without prior permission, are instead to be routed	11892
as provided under the plan. Upon the implementation of countywide	11893
wireless enhanced 9-1-1 pursuant to a final plan, the state	11894
highway patrol shall cease any functioning as a public safety	11895
answering point providing wireless 9-1-1 within the territory	11896
covered by the countywide 9-1-1 system so established, unless the	11897
patrol functions as a public safety answering point providing	11898
wireless enhanced 9-1-1 pursuant to an agreement included in the	11899
plan as authorized under division (J) of this section.	11900

~~Sec. 5507.06.~~ Sec. 128.06. (A) A board of county commissioners or	11901
the legislative authority of any municipal corporation in the	11902
county that contains at least thirty per cent of the county's	11903
population may adopt a resolution to convene a 9-1-1 planning	11904
committee, which shall serve without compensation and shall	11905
consist of three voting members as follows:	11906

(1) The president or other presiding officer of the board of	11907
county commissioners, who shall serve as chairperson of the	11908
committee;	11909

(2) The chief executive officer of the most populous	11910
municipal corporation in the county;	11911

(3) From the more populous of the following, either the chief	11912
executive officer of the second most populous municipal	11913
corporation in the county or a member of the board of township	11914
trustees of the most populous township in the county as selected	11915
by majority vote of the board of trustees.	11916

In counties with a population of one hundred seventy-five	11917
thousand or more, the planning committee shall consist of two	11918
additional voting members as follows: a member of a board of	11919
township trustees selected by the majority of boards of township	11920
trustees in the county pursuant to resolutions they adopt, and the	11921
chief executive officer of a municipal corporation in the county	11922
selected by the majority of the legislative authorities of	11923
municipal corporations in the county pursuant to resolutions they	11924
adopt.	11925

When determining population under this division, population	11926
residing outside the county shall be excluded.	11927

(B) Within thirty days after the adoption of a resolution to	11928
convene the committee under division (A) of this section, the	11929
committee shall convene for the sole purpose of developing a final	11930
plan for implementing a countywide 9-1-1 system. The county shall	11931
provide the committee with any clerical, legal, and other staff	11932
assistance necessary to develop the final plan and shall pay for	11933
copying, mailing, and any other such expenses incurred by the	11934
committee in developing the final plan and in meeting the	11935
requirements imposed by sections ~~5507.06~~128.06 to ~~5507.08~~128.08	11936
of the Revised Code.	11937

(C) The 9-1-1 planning committee shall appoint a 9-1-1	11938
technical advisory committee to assist it in planning the	11939
countywide 9-1-1 system. The advisory committee shall include at	11940
least one fire chief and one police chief serving in the county,	11941
the county sheriff, a representative of the state highway patrol	11942
selected by the patrol, one representative of each telephone	11943
company in each case selected by the telephone company	11944
represented, the director/coordinator of emergency management	11945
appointed under section 5502.26, 5502.27, or 5502.271 of the	11946
Revised Code, as appropriate, and a member of a board of township	11947
trustees of a township in the county selected by a majority of	11948
boards of township trustees in the county pursuant to resolutions	11949
they adopt.	11950

~~Sec. 5507.07.~~ Sec. 128.07. (A) The 9-1-1 planning committee shall	11951
prepare a proposal on the implementation of a countywide 9-1-1	11952
system and shall hold a public meeting on the proposal to explain	11953
the system to and receive comments from public officials. At least	11954
thirty but not more than sixty days before the meeting, the	11955
committee shall send a copy of the implementation proposal and	11956
written notice of the meeting:	11957

(1) By certified mail, to the board of county commissioners,	11958
the legislative authority of each municipal corporation in the	11959
county, and to the board of trustees of each township in the	11960
county; and	11961

(2) To the board of trustees, directors, or park	11962
commissioners of each subdivision that will be served by a public	11963
safety answering point under the plan.	11964

(B) The proposal and the final plan adopted by the committee	11965
shall specify:	11966

(1) Which telephone companies serving customers in the county	11967
and, as authorized in division (A)(1) of section ~~5507.03~~128.03 of	11968
the Revised Code, in an adjacent county will participate in the	11969
9-1-1 system;	11970

(2) The location and number of public safety answering	11971
points; how they will be connected to a company's telephone	11972
network; from what geographic territory each will receive 9-1-1	11973
calls; whether basic or enhanced 9-1-1 service will be provided	11974
within such territory; what subdivisions will be served by the	11975
answering point; and whether an answering point will respond to	11976
calls by directly dispatching an emergency service provider, by	11977
relaying a message to the appropriate provider, or by transferring	11978
the call to the appropriate provider;	11979

(3) Which subdivision or regional council of governments will	11980
establish, equip, furnish, operate, and maintain a particular	11981
public safety answering point;	11982

(4) A projection of the initial cost of establishing,	11983
equipping, and furnishing and of the annual cost of the first five	11984
years of operating and maintaining each public safety answering	11985
point;	11986

(5) Whether the cost of establishing, equipping, furnishing,	11987
operating, or maintaining each public safety answering point	11988
should be funded through charges imposed under section ~~5507.22~~	11989
128.22 of the Revised Code or will be allocated among the	11990
subdivisions served by the answering point and, if any such cost	11991
is to be allocated, the formula for so allocating it;	11992

(6) How each emergency service provider will respond to a	11993
misdirected call.	11994

(C) Following the meeting required by this section, the 9-1-1	11995
planning committee may modify the implementation proposal and, no	11996
later than nine months after the resolution authorized by section	11997
~~5507.06~~128.06 of the Revised Code is adopted, may adopt, by	11998
majority vote, a final plan for implementing a countywide 9-1-1	11999
system. If a planning committee and wireline service provider do	12000
not agree on whether the wireline service provider is capable of	12001
providing the wireline telephone network as described under	12002
division (A) of section ~~5507.03~~128.03 of the Revised Code and the	12003
planning committee refers that question to the ~~department of~~	12004
~~public safety~~steering committee, the ~~department~~steering	12005
committee may extend the nine-month deadline established by this	12006
division to twelve months. Immediately on completion of the plan,	12007
the planning committee shall send a copy of the final plan:	12008

(1) By certified mail to the board of county commissioners of	12009
the county, to the legislative authority of each municipal	12010
corporation in the county, and to the board of township trustees	12011
of each township in the county; and	12012

(2) To the board of trustees, directors, or park	12013
commissioners of each subdivision that will be served by a public	12014
safety answering point under the plan.	12015

~~(D) If the committee has not adopted a final plan on or~~	12016
~~before the deadline in division (C) of this section, the committee~~	12017
~~shall cease to exist. A new 9-1-1 planning committee may be~~	12018
~~convened in the manner established in section 5507.06 of the~~	12019
~~Revised Code to develop an implementation proposal and final plan~~	12020
~~in accordance with the requirements of sections 5507.06 to 5507.08~~	12021
~~of the Revised Code.~~	12022

~~Sec. 5507.08.~~ Sec. 128.08. (A) Within sixty days after receipt of	12023
the final plan pursuant to division (C) of section ~~5507.07~~128.07	12024
of the Revised Code, the board of county commissioners of the	12025
county and the legislative authority of each municipal corporation	12026
in the county and of each township whose territory is proposed to	12027
be included in a countywide 9-1-1 system shall act by resolution	12028
to approve or disapprove the plan, except that, with respect to a	12029
final plan that provides for funding of the 9-1-1 system in part	12030
through charges imposed under section ~~5507.22~~128.22 of the	12031
Revised Code, the board of county commissioners shall not act by	12032
resolution to approve or disapprove the plan until after a	12033
resolution adopted under section ~~5507.22~~128.22 of the Revised	12034
Code has become effective as provided in division (D) of that	12035
section. A municipal corporation or township whose territory is	12036
proposed to be included in the system includes any municipal	12037
corporation or township in which a part of its territory is	12038
excluded pursuant to division (A)(2) of section ~~5507.03~~128.03 of	12039
the Revised Code. Each such authority immediately shall notify the	12040
board of county commissioners in writing of its approval or	12041
disapproval of the final plan. Failure by a board or legislative	12042
authority to notify the board of county commissioners of approval	12043
or disapproval within such sixty-day period shall be deemed	12044
disapproval by the board or authority.	12045

(B) As used in this division, "county's population" excludes	12046
the population of any municipal corporation or township that,	12047
under the plan, is completely excluded from 9-1-1 service in the	12048
county's final plan. A countywide plan is effective if all of the	12049
following entities approve the plan in accordance with this	12050
section:	12051

(1) The board of county commissioners;

12052

(2) The legislative authority of a municipal corporation that	12053
contains at least thirty per cent of the county's population, if	12054
any;	12055

(3) The legislative authorities of municipal corporations and	12056
townships that contain at least sixty per cent of the county's	12057
population or, if the plan has been approved by a municipal	12058
corporation that contains at least sixty per cent of the county's	12059
population, by the legislative authorities of municipal	12060
corporations and townships that contain at least seventy-five per	12061
cent of the county's population.	12062

(C) After a countywide plan approved in accordance with this	12063
section is adopted, all of the telephone companies, subdivisions,	12064
and regional councils of governments included in the plan are	12065
subject to the specific requirements of the plan and to this	12066
chapter.	12067

~~Sec. 5507.09.~~ Sec. 128.09. (A) If a final plan is disapproved	12068
under division (B) of section ~~5507.08~~128.08 of the Revised Code,	12069
by resolution, the legislative authority of a municipal	12070
corporation or township that contains at least thirty per cent of	12071
the county's population may establish within its boundaries, or	12072
the legislative authorities of a group of municipal corporations	12073
or townships each of which is contiguous with at least one other	12074
such municipal corporation or township in the group, together	12075
containing at least thirty per cent of the county's population,	12076
may jointly establish within their boundaries a 9-1-1 system. For	12077
that purpose, the municipal corporation or township may enter into	12078
an agreement, and the contiguous municipal corporations or	12079
townships may jointly enter into an agreement with one or more	12080
telephone companies.	12081

(B) If no resolution has been adopted to convene a 9-1-1	12082
planning committee under section ~~5507.06~~128.06 of the Revised	12083
Code, by resolution, the legislative authority of any municipal	12084
corporation in the county may establish within its boundaries, or	12085
the legislative authorities of a group of municipal corporations	12086
and townships each of which is contiguous to at least one of the	12087
other such municipal corporations or townships in the group may	12088
jointly establish within their boundaries, a 9-1-1 system. For	12089
that purpose, the municipal corporation, or contiguous municipal	12090
corporations and townships, may enter into an agreement with one	12091
or more telephone companies.	12092

(C) Whenever a telephone company that is a wireline service	12093
provider and one or more municipal corporations and townships	12094
enter into an agreement under division (A) or (B) of this section	12095
to provide for the wireline telephone network portion of a basic	12096
9-1-1 system, the telephone company shall so notify the ~~department~~	12097
~~of public safety~~steering committee, which shall determine whether	12098
the telephone company is capable of reasonably meeting the	12099
technical and economic requirements of providing the wireline	12100
telephone network for an enhanced system within the territory	12101
served by the company and covered by the agreement. The	12102
determination shall be made solely for the purposes of division	12103
(C)(2) of section ~~5507.18~~128.18 of the Revised Code.	12104

(D) Within three years from the date of entering into an	12105
initial agreement described under division (C) of this section,	12106
the telephone company shall have installed the wireline telephone	12107
network portion of the 9-1-1 system according to the terms,	12108
conditions, requirements, and specifications set forth in the	12109
agreement.	12110

(E) A telephone company that is a wireline service provider	12111
shall recover the cost of installing the wireline telephone	12112
network system pursuant to agreements made under this section as	12113
provided in sections ~~5507.18~~128.18 and 5733.55 of the Revised	12114
Code.	12115

~~Sec. 5507.12.~~ Sec. 128.12. (A) An amended final plan is required	12116
for any of the following purposes:	12117

(1) Expanding the territory included in the countywide 9-1-1	12118
system;	12119

(2) Upgrading any part or all of a system from basic to	12120
enhanced wireline 9-1-1;	12121

(3) Adjusting the territory served by a public safety	12122
answering point;	12123

(4) Permitting a regional council of governments to operate a	12124
public safety answering point;	12125

(5) Represcribing the funding of public safety answering	12126
points as between the alternatives set forth in division (B)(5) of	12127
section ~~5507.07~~128.07 of the Revised Code;	12128

(6) Providing for wireless enhanced 9-1-1;

12129

(7) Adding a telephone company as a participant in a	12130
countywide 9-1-1 system after the implementation of wireline 9-1-1	12131
or wireless enhanced 9-1-1;	12132

(8) Providing that the state highway patrol or one or more	12133
public safety answering points of another 9-1-1 system function as	12134
a public safety answering point or points for the provision of	12135
wireline or wireless 9-1-1 for all or part of the territory of the	12136
system established under the final plan, as contemplated under	12137
division (J) of section ~~5507.03~~128.03 of the Revised Code;	12138

(9) Making any other necessary adjustments to the plan.

12139

(B) ~~Except as otherwise provided in division (C) of this~~	12140
~~section, a final plan shall be amended in the manner provided for~~	12141
~~adopting a final plan under sections 5507.06 to 5507.08 of the~~	12142
~~Revised Code, including convening a 9-1-1 planning committee and~~	12143
~~developing a proposed amended plan prior to adopting an amended~~	12144
~~final plan.~~	12145

~~(C)~~(1) To amend a final plan for the purpose described in	12146
division (A)(7) of this section, an entity that wishes to be added	12147
as a participant in a 9-1-1 system shall file a written letter of	12148
that intent with the board of county commissioners of the county	12149
that approved the final plan. The final plan is deemed amended	12150
upon the filing of that letter. The entity that files the letter	12151
shall send written notice of that filing to all subdivisions,	12152
regional councils of governments, and telephone companies	12153
participating in the system.	12154

(2) An amendment to a final plan for aany other purpose set	12155
forth in division (A)~~(1), (3), (6), or (9)~~ of this section may be	12156
made by an addendum approved by a majority of the 9-1-1 planning	12157
committee. The board of county commissioners shall call a meeting	12158
of the 9-1-1 planning committee for the purpose of considering an	12159
addendum pursuant to this division.	12160

(3) Adoption of any resolution under section ~~5507.22~~128.22	12161
of the Revised Code pursuant to a final plan that both has been	12162
adopted and provides for funding through charges imposed under	12163
that section is not an amendment of a final plan for the purpose	12164
of this division.	12165

~~(D)~~(C) When a final plan is amended for a purpose described	12166
in division (A)(1), (2), or (7) of this section, sections ~~5507.18~~	12167
128.18 and 5733.55 of the Revised Code apply with respect to the	12168
receipt of the nonrecurring and recurring rates and charges for	12169
the wireline telephone network portion of the 9-1-1 system.	12170

~~Sec. 5507.15.~~ Sec. 128.15. (A) Within three years from the date an	12171
initial final plan becomes effective under division (B) of section	12172
~~5507.08~~128.08 of the Revised Code, the wireline service providers	12173
designated in the plan shall have installed the wireline telephone	12174
network portion of the 9-1-1 system according to the terms,	12175
conditions, requirements, and specifications set forth in that	12176
plan.	12177

(B)(1) Upon installation of a countywide 9-1-1 system, the	12178
board of county commissioners may direct the county engineer to	12179
erect and maintain at the county boundaries on county roads and	12180
state and interstate highways, signs indicating the availability	12181
of a countywide 9-1-1 system. Any sign erected by a county under	12182
this section shall be erected in accordance with and meet the	12183
specifications established under division (B)(2) of this section.	12184
All expenses incurred in erecting and maintaining the signs shall	12185
be paid by the county.	12186

(2) The director of transportation shall develop design	12187
specifications for signs giving notice of the availability of a	12188
countywide 9-1-1 system. The director also shall establish	12189
standards for the erection of the signs and, in accordance with	12190
federal law and regulations and recognized engineering practices,	12191
specify those locations where the signs shall not be erected.	12192

~~Sec. 5507.18.~~ Sec. 128.18. (A) In accordance with this chapter and	12193
Chapters 4901., 4903., 4905., and 4909. of the Revised Code, the	12194
public utilities commission shall determine the just, reasonable,	12195
and compensatory rates, tolls, classifications, charges, or	12196
rentals to be observed and charged for the wireline telephone	12197
network portion of a basic or enhanced 9-1-1 system, and each	12198
telephone company that is a wireline service provider	12199
participating in the system shall be subject to those chapters, to	12200
the extent they apply, as to the service provided by its portion	12201
of the wireline telephone network for the system as described in	12202
the final plan or to be installed pursuant to agreements under	12203
section ~~5507.09~~128.09 of the Revised Code, and as to the rates,	12204
tolls, classifications, charges, or rentals to be observed and	12205
charged for that service.	12206

(B) Only the customers of a participating telephone company	12207
described in division (A) of this section that are served within	12208
the area covered by a 9-1-1 system shall pay the recurring rates	12209
for the maintenance and operation of the company's portion of the	12210
wireline telephone network of the system. Such rates shall be	12211
computed by dividing the total monthly recurring rates set forth	12212
in the company's schedule as filed in accordance with section	12213
4905.30 of the Revised Code, by the total number of residential	12214
and business customer access lines, or their equivalent, within	12215
the area served. Each residential and business customer within the	12216
area served shall pay the recurring rates based on the number of	12217
its residential and business customer access lines or their	12218
equivalent. No company shall include such amount on any customer's	12219
bill until the company has completed its portion of the wireline	12220
telephone network in accordance with the terms, conditions,	12221
requirements, and specifications of the final plan or an agreement	12222
made under section ~~5507.09~~128.09 of the Revised Code.	12223

(C)(1) Except as otherwise provided in division (C)(2) of	12224
this section, a participating telephone company described in	12225
division (A) of this section may receive through the credit	12226
authorized by section 5733.55 of the Revised Code the total	12227
nonrecurring charges for its portion of the wireline telephone	12228
network of the system and the total nonrecurring charges for any	12229
updating or modernization of that wireline telephone network in	12230
accordance with the terms, conditions, requirements, and	12231
specifications of the final plan or pursuant to agreements under	12232
section ~~5507.09~~128.09 of the Revised Code, as such charges are	12233
set forth in the schedule filed by the telephone company in	12234
accordance with section 4905.30 of the Revised Code. However, that	12235
portion, updating, or modernization shall not be for or include	12236
the provision of wireless 9-1-1. As applicable, the receipt of	12237
permissible charges shall occur only upon the completion of the	12238
installation of the network or the completion of the updating or	12239
modernization.	12240

(2) The credit shall not be allowed under division (C)(1) of	12241
this section for the upgrading of a system from basic to enhanced	12242
wireline 9-1-1 if both of the following apply:	12243

(a) The telephone company received the credit for the	12244
wireline telephone network portion of the basic 9-1-1 system now	12245
proposed to be upgraded.	12246

(b) At the time the final plan or agreement pursuant to	12247
section ~~5507.09~~128.09 of the Revised Code calling for the basic	12248
9-1-1 system was agreed to, the telephone company was capable of	12249
reasonably meeting the technical and economic requirements of	12250
providing the wireline telephone network portion of an enhanced	12251
9-1-1 system within the territory proposed to be upgraded, as	12252
determined by the ~~department of public safety~~steering committee	12253
under division (A) or (H) of section ~~5507.03~~128.03 or division	12254
(C) of section ~~5507.09~~128.09 of the Revised Code.	12255

(3) If the credit is not allowed under division (C)(2) of	12256
this section, the total nonrecurring charges for the wireline	12257
telephone network used in providing 9-1-1 service, as set forth in	12258
the schedule filed by a telephone company in accordance with	12259
section 4905.30 of the Revised Code, on completion of the	12260
installation of the network in accordance with the terms,	12261
conditions, requirements, and specifications of the final plan or	12262
pursuant to section ~~5507.09~~128.09 of the Revised Code, shall be	12263
paid by the municipal corporations and townships with any	12264
territory in the area in which such upgrade from basic to enhanced	12265
9-1-1 is made.	12266

(D) If customer premises equipment for a public safety	12267
answering point is supplied by a telephone company that is	12268
required to file a schedule under section 4905.30 of the Revised	12269
Code pertaining to customer premises equipment, the recurring and	12270
nonrecurring rates and charges for the installation and	12271
maintenance of the equipment specified in the schedule shall	12272
apply.	12273

~~Sec. 5507.22.~~ Sec. 128.22. (A)(1) For the purpose of paying the	12274
costs of establishing, equipping, and furnishing one or more	12275
public safety answering points as part of a countywide 9-1-1	12276
system effective under division (B) of section ~~5507.08~~128.08 of	12277
the Revised Code and paying the expense of administering and	12278
enforcing this section, the board of county commissioners of a	12279
county, in accordance with this section, may fix and impose, on	12280
each lot or parcel of real property in the county that is owned by	12281
a person, municipal corporation, township, or other political	12282
subdivision and is improved, or is in the process of being	12283
improved, reasonable charges to be paid by each such owner. The	12284
charges shall be sufficient to pay only the estimated allowed	12285
costs and shall be equal in amount for all such lots or parcels.	12286

(2) For the purpose of paying the costs of operating and	12287
maintaining the answering points and paying the expense of	12288
administering and enforcing this section, the board, in accordance	12289
with this section, may fix and impose reasonable charges to be	12290
paid by each owner, as provided in division (A)(1) of this	12291
section, that shall be sufficient to pay only the estimated	12292
allowed costs and shall be equal in amount for all such lots or	12293
parcels. The board may fix and impose charges under this division	12294
pursuant to a resolution adopted for the purposes of both	12295
divisions (A)(1) and (2) of this section or pursuant to a	12296
resolution adopted solely for the purpose of division (A)(2) of	12297
this section, and charges imposed under division (A)(2) of this	12298
section may be separately imposed or combined with charges imposed	12299
under division (A)(1) of this section.	12300

(B) Any board adopting a resolution under this section	12301
pursuant to a final plan initiating the establishment of a 9-1-1	12302
system or pursuant to an amendment to a final plan shall adopt the	12303
resolution within sixty days after the board receives the final	12304
plan for the 9-1-1 system pursuant to division (C) of section	12305
~~5507.07~~128.07 of the Revised Code. The board by resolution may	12306
change any charge imposed under this section whenever the board	12307
considers it advisable. Any resolution adopted under this section	12308
shall declare whether securities will be issued under Chapter 133.	12309
of the Revised Code in anticipation of the collection of unpaid	12310
special assessments levied under this section.	12311

(C) The board shall adopt a resolution under this section at	12312
a public meeting held in accordance with section 121.22 of the	12313
Revised Code. Additionally, the board, before adopting any such	12314
resolution, shall hold at least two public hearings on the	12315
proposed charges. Prior to the first hearing, the board shall	12316
publish notice of the hearings once a week for two consecutive	12317
weeks in a newspaper of general circulation in the county or as	12318
provided in section 7.16 of the Revised Code. The notice shall	12319
include a listing of the charges proposed in the resolution and	12320
the date, time, and location of each of the hearings. The board	12321
shall hear any person who wishes to testify on the charges or the	12322
resolution.	12323

(D) No resolution adopted under this section shall be	12324
effective sooner than thirty days following its adoption nor shall	12325
any such resolution be adopted as an emergency measure. The	12326
resolution is subject to a referendum in accordance with sections	12327
305.31 to 305.41 of the Revised Code unless, in the resolution,	12328
the board of county commissioners directs the board of elections	12329
of the county to submit the question of imposing the charges to	12330
the electors of the county at the next primary or general election	12331
in the county occurring not less than ninety days after the	12332
resolution is certified to the board. No resolution shall go into	12333
effect unless approved by a majority of those voting upon it in	12334
any election allowed under this division.	12335

(E) To collect charges imposed under division (A) of this	12336
section, the board of county commissioners shall certify them to	12337
the county auditor of the county who then shall place them upon	12338
the real property duplicate against the properties to be assessed,	12339
as provided in division (A) of this section. Each assessment shall	12340
bear interest at the same rate that securities issued in	12341
anticipation of the collection of the assessments bear, is a lien	12342
on the property assessed from the date placed upon the real	12343
property duplicate by the auditor, and shall be collected in the	12344
same manner as other taxes.	12345

(F) All money collected by or on behalf of a county under	12346
this section shall be paid to the county treasurer of the county	12347
and kept in a separate and distinct fund to the credit of the	12348
county. The fund shall be used to pay the costs allowed in	12349
division (A) of this section and specified in the resolution	12350
adopted under that division. In no case shall any surplus so	12351
collected be expended for other than the use and benefit of the	12352
county.	12353

~~Sec. 5507.25.~~ Sec. 128.25. (A) This section applies only to a	12354
county that meets both of the following conditions:	12355

(1) A final plan for a countywide 9-1-1 system either has not	12356
been approved in the county under section ~~5507.08~~128.08 of the	12357
Revised Code or has been approved but has not been put into	12358
operation because of a lack of funding;	12359

(2) The board of county commissioners, at least once, has	12360
submitted to the electors of the county the question of raising	12361
funds for a 9-1-1 system under section ~~5507.22~~128.22, 5705.19, or	12362
5739.026 of the Revised Code, and a majority of the electors has	12363
disapproved the question each time it was submitted.	12364

(B) A board of county commissioners may adopt a resolution	12365
imposing a monthly charge on telephone access lines to pay for the	12366
equipment costs of establishing and maintaining no more than three	12367
public safety answering points of a countywide 9-1-1 system, which	12368
public safety answering points shall be only twenty-four-hour	12369
dispatching points already existing in the county. The resolution	12370
shall state the amount of the charge, which shall not exceed fifty	12371
cents per month, and the month the charge will first be imposed,	12372
which shall be no earlier than four months after the special	12373
election held pursuant to this section. Each residential and	12374
business telephone company customer within the area served by the	12375
9-1-1 system shall pay the monthly charge for each of its	12376
residential or business customer access lines or their equivalent.	12377

Before adopting a resolution under this division, the board	12378
of county commissioners shall hold at least two public hearings on	12379
the proposed charge. Before the first hearing, the board shall	12380
publish notice of the hearings once a week for two consecutive	12381
weeks in a newspaper of general circulation in the county or as	12382
provided in section 7.16 of the Revised Code. The notice shall	12383
state the amount of the proposed charge, an explanation of the	12384
necessity for the charge, and the date, time, and location of each	12385
of the hearings.	12386

(C) A resolution adopted under division (B) of this section	12387
shall direct the board of elections to submit the question of	12388
imposing the charge to the electors of the county at a special	12389
election on the day of the next primary or general election in the	12390
county. The board of county commissioners shall certify a copy of	12391
the resolution to the board of elections not less than ninety days	12392
before the day of the special election. No resolution adopted	12393
under division (B) of this section shall take effect unless	12394
approved by a majority of the electors voting upon the resolution	12395
at an election held pursuant to this section.	12396

In any year, the board of county commissioners may impose a	12397
lesser charge than the amount originally approved by the electors.	12398
The board may change the amount of the charge no more than once a	12399
year. The board may not impose a charge greater than the amount	12400
approved by the electors without first holding an election on the	12401
question of the greater charge.	12402

(D) Money raised from a monthly charge on telephone access	12403
lines under this section shall be deposited into a special fund	12404
created in the county treasury by the board of county	12405
commissioners pursuant to section 5705.12 of the Revised Code, to	12406
be used only for the necessary equipment costs of establishing and	12407
maintaining no more than three public safety answering points of a	12408
countywide 9-1-1 system pursuant to a resolution adopted under	12409
division (B) of this section. In complying with this division, any	12410
county may seek the assistance of the ~~department of public safety~~	12411
steering committee with regard to operating and maintaining a	12412
9-1-1 system.	12413

(E) Pursuant to the voter approval required by division (C)	12414
of this section, the final plan for a countywide 9-1-1 system that	12415
will be funded through a monthly charge imposed in accordance with	12416
this section shall be amended by the existing 9-1-1 planning	12417
committee, and the amendment of such a final plan is not an	12418
amendment of a final plan for the purpose of division (A) of	12419
section ~~5507.12~~128.12 of the Revised Code.	12420

~~Sec. 5507.26.~~ Sec. 128.26. (A) This section applies only to a	12421
county that has a final plan for a countywide 9-1-1 system that	12422
either has not been approved in the county under section ~~5507.08~~	12423
128.08 of the Revised Code or has been approved but has not been	12424
put into operation because of a lack of funding.	12425

(B) A board of county commissioners may adopt a resolution	12426
imposing a monthly charge on telephone access lines to pay for the	12427
operating and equipment costs of establishing and maintaining no	12428
more than one public safety answering point of a countywide 9-1-1	12429
system. The resolution shall state the amount of the charge, which	12430
shall not exceed fifty cents per month, and the month the charge	12431
will first be imposed, which shall be no earlier than four months	12432
after the special election held pursuant to this section. Each	12433
residential and business telephone company customer within the	12434
area of the county served by the 9-1-1 system shall pay the	12435
monthly charge for each of its residential or business customer	12436
access lines or their equivalent.	12437

Before adopting a resolution under this division, the board	12438
of county commissioners shall hold at least two public hearings on	12439
the proposed charge. Before the first hearing, the board shall	12440
publish notice of the hearings once a week for two consecutive	12441
weeks in a newspaper of general circulation in the county or as	12442
provided in section 7.16 of the Revised Code. The notice shall	12443
state the amount of the proposed charge, an explanation of the	12444
necessity for the charge, and the date, time, and location of each	12445
of the hearings.	12446

(C) A resolution adopted under division (B) of this section	12447
shall direct the board of elections to submit the question of	12448
imposing the charge to the electors of the county at a special	12449
election on the day of the next primary or general election in the	12450
county. The board of county commissioners shall certify a copy of	12451
the resolution to the board of elections not less than ninety days	12452
before the day of the special election. No resolution adopted	12453
under division (B) of this section shall take effect unless	12454
approved by a majority of the electors voting upon the resolution	12455
at an election held pursuant to this section.	12456

In any year, the board of county commissioners may impose a	12457
lesser charge than the amount originally approved by the electors.	12458
The board may change the amount of the charge no more than once a	12459
year. The board shall not impose a charge greater than the amount	12460
approved by the electors without first holding an election on the	12461
question of the greater charge.	12462

(D) Money raised from a monthly charge on telephone access	12463
lines under this section shall be deposited into a special fund	12464
created in the county treasury by the board of county	12465
commissioners pursuant to section 5705.12 of the Revised Code, to	12466
be used only for the necessary operating and equipment costs of	12467
establishing and maintaining no more than one public safety	12468
answering point of a countywide 9-1-1 system pursuant to a	12469
resolution adopted under division (B) of this section. In	12470
complying with this division, any county may seek the assistance	12471
of the ~~department of public safety~~steering committee with regard	12472
to operating and maintaining a 9-1-1 system.	12473

(E) Nothing in sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of	12474
the Revised Code precludes a final plan adopted in accordance with	12475
those sections from being amended to provide that, by agreement	12476
included in the plan, a public safety answering point of another	12477
countywide 9-1-1 system is the public safety answering point of a	12478
countywide 9-1-1 system funded through a monthly charge imposed in	12479
accordance with this section. In that event, the county for which	12480
the public safety answering point is provided shall be deemed the	12481
subdivision operating the public safety answering point for	12482
purposes of sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of the	12483
Revised Code, except that, for the purpose of division (D) of	12484
section ~~5507.03~~128.03 of the Revised Code, the county shall pay	12485
only so much of the costs associated with establishing, equipping,	12486
furnishing, operating, or maintaining the public safety answering	12487
point specified in the agreement included in the final plan.	12488

(F) Pursuant to the voter approval required by division (C)	12489
of this section, the final plan for a countywide 9-1-1 system that	12490
will be funded through a monthly charge imposed in accordance with	12491
this section, or that will be amended to include an agreement	12492
described in division (E) of this section, shall be amended by the	12493
existing 9-1-1 planning committee, and the amendment of such a	12494
final plan is not an amendment of a final plan for the purpose of	12495
division (A) of section ~~5507.12~~128.12 of the Revised Code.	12496

~~Sec. 5507.27.~~ Sec. 128.27. (A) As part of its normal monthly	12497
billing process, each telephone company with customers in the area	12498
served by a 9-1-1 system shall bill and collect from those	12499
customers any charge imposed under section ~~5507.25~~128.25 or	12500
~~5507.26~~128.26 of the Revised Code. The company may list the	12501
charge as a separate entry on each bill and may indicate on the	12502
bill that the charge is made pursuant to approval of a ballot	12503
issue by county voters. Any customer billed by a company for a	12504
charge imposed under section ~~5507.25~~128.25 or ~~5507.26~~128.26 of	12505
the Revised Code is liable to the county for the amount billed.	12506
The company shall apply any partial payment of a customer's bill	12507
first to the amount the customer owes the company. The company	12508
shall keep complete records of charges it bills and collects, and	12509
such records shall be open during business hours for inspection by	12510
the county commissioners or their agents or employees. If a	12511
company fails to bill any customer for the charge, it is liable to	12512
the county for the amount that was not billed.	12513

(B) A telephone company that collects charges under this	12514
section shall remit the money to the county on a quarterly basis.	12515
The company may retain three per cent of any charge it collects as	12516
compensation for the costs of such collection. If a company	12517
collects charges under this section and fails to remit the money	12518
to the county as prescribed, it is liable to the county for any	12519
amount collected and not remitted.	12520

~~Sec. 5507.32.~~ Sec. 128.32. (A)(1) The state, the state highway	12521
patrol, a subdivision, or a regional council of governments	12522
participating in a 9-1-1 system established under this chapter and	12523
any officer, agent, employee, or independent contractor of the	12524
state, the state highway patrol, or such a participating	12525
subdivision or regional council of governments is not liable in	12526
damages in a civil action for injuries, death, or loss to persons	12527
or property arising from any act or omission, except willful or	12528
wanton misconduct, in connection with developing, adopting, or	12529
approving any final plan or any agreement made under section	12530
~~5507.09~~128.09 of the Revised Code or otherwise bringing into	12531
operation the 9-1-1 system pursuant to this chapter.	12532

(2) The ~~Ohio 9-1-1 council, the wireless 9-1-1 advisory~~	12533
~~board,~~steering committee and any member of ~~that council or board~~	12534
the steering committee are not liable in damages in a civil action	12535
for injuries, death, or loss to persons or property arising from	12536
any act or omission, except willful or wanton misconduct, in	12537
connection with the development or operation of a 9-1-1 system	12538
established under this chapter.	12539

(B) Except as otherwise provided in this section ~~5507.32 of~~	12540
~~the Revised Code~~, an individual who gives emergency instructions	12541
through a 9-1-1 system established under this chapter, and the	12542
principals for whom the person acts, including both employers and	12543
independent contractors, public and private, and an individual who	12544
follows emergency instructions and the principals for whom that	12545
person acts, including both employers and independent contractors,	12546
public and private, are not liable in damages in a civil action	12547
for injuries, death, or loss to persons or property arising from	12548
the issuance or following of emergency instructions, except where	12549
the issuance or following of the instructions constitutes willful	12550
or wanton misconduct.	12551

(C) Except for willful or wanton misconduct, a telephone	12552
company, and any other installer, maintainer, or provider, through	12553
the sale or otherwise, of customer premises equipment, and their	12554
respective officers, directors, employees, agents, and suppliers	12555
are not liable in damages in a civil action for injuries, death,	12556
or loss to persons or property incurred by any person resulting	12557
from any of the following:	12558

(1) Such an entity's or its officers', directors',	12559
employees', agents', or suppliers' participation in or acts or	12560
omissions in connection with participating in or developing,	12561
maintaining, or operating a 9-1-1 system;	12562

(2) Such an entity's or its officers', directors',	12563
employees', agents', or suppliers' provision of assistance to a	12564
public utility, municipal utility, or state or local government as	12565
authorized by divisions (G)(4) and (5) of this section.	12566

(D) Except for willful or wanton misconduct, a provider of	12567
and a seller of a prepaid wireless calling service and their	12568
respective officers, directors, employees, agents, and suppliers	12569
are not liable in damages in a civil action for injuries, death,	12570
or loss to persons or property incurred by any person resulting	12571
from anything described in division (C) of this section.	12572

(E) No person shall knowingly use the telephone number of a	12573
9-1-1 system established under this chapter to report an emergency	12574
if the person knows that no emergency exists.	12575

(F) No person shall knowingly use a 9-1-1 system for a	12576
purpose other than obtaining emergency service.	12577

(G) No person shall disclose or use any information	12578
concerning telephone numbers, addresses, or names obtained from	12579
the data base that serves the public safety answering point of a	12580
9-1-1 system established under this chapter, except for any of the	12581
following purposes or under any of the following circumstances:	12582

(1) For the purpose of the 9-1-1 system;

12583

(2) For the purpose of responding to an emergency call to an	12584
emergency service provider;	12585

(3) In the circumstance of the inadvertent disclosure of such	12586
information due solely to technology of the wireline telephone	12587
network portion of the 9-1-1 system not allowing access to the	12588
data base to be restricted to 9-1-1 specific answering lines at a	12589
public safety answering point;	12590

(4) In the circumstance of access to a data base being given	12591
by a telephone company that is a wireline service provider to a	12592
public utility or municipal utility in handling customer calls in	12593
times of public emergency or service outages. The charge, terms,	12594
and conditions for the disclosure or use of such information for	12595
the purpose of such access to a data base shall be subject to the	12596
jurisdiction of the ~~department of public safety~~steering	12597
committee.	12598

(5) In the circumstance of access to a data base given by a	12599
telephone company that is a wireline service provider to a state	12600
and local government in warning of a public emergency, as	12601
determined by the ~~department of public safety~~steering committee.	12602
The charge, terms, and conditions for the disclosure or use of	12603
that information for the purpose of access to a data base is	12604
subject to the jurisdiction of the ~~department of public safety~~	12605
steering committee.	12606

~~Sec. 5507.34.~~ Sec. 128.34. (A) The attorney general, upon request	12607
of the ~~department of public safety~~steering committee, or on the	12608
attorney general's own initiative, shall begin proceedings against	12609
a telephone company that is a wireline service provider to enforce	12610
compliance with this chapter or with the terms, conditions,	12611
requirements, or specifications of a final plan or of an agreement	12612
under section ~~5507.09~~128.09 of the Revised Code as to wireline	12613
or wireless 9-1-1.	12614

(B) The attorney general, upon the attorney general's own	12615
initiative, or any prosecutor, upon the prosecutor's initiative,	12616
shall begin proceedings against a subdivision or a regional	12617
council of governments as to wireline or wireless 9-1-1 to enforce	12618
compliance with this chapter or with the terms, conditions,	12619
requirements, or specifications of a final plan or of an agreement	12620
under section ~~5507.09~~128.09 of the Revised Code as to wireline or	12621
wireless 9-1-1.	12622

~~Sec. 5507.40.~~ Sec. 128.40. There is hereby created within the	12623
~~public utilities commission~~department of administrative services	12624
the 9-1-1 ~~service~~ program office, headed by an ~~Ohio 9-1-1~~	12625
~~coordinator~~administrator in the unclassified civil service	12626
pursuant to division (A)(9) of section 124.11 of the Revised Code.	12627
The ~~coordinator~~administrator shall be appointed by and serve at	12628
the pleasure of the ~~commission chairperson~~director of	12629
administrative services and shall report directly to the	12630
~~chairperson. On May 6, 2005, the chairperson shall appoint an~~	12631
~~interim coordinator and, upon submission of a list of nominees by~~	12632
~~the Ohio 9-1-1 council pursuant to section 5507.65 of the Revised~~	12633
~~Code, shall consider those nominees in making the final~~	12634
~~appointment and in appointing any subsequent coordinator. The~~	12635
~~chairperson may request the council to submit additional nominees~~	12636
~~and may reject any of the nominees. The chairperson shall fix the~~	12637
~~compensation of the coordinator. The chairperson shall evaluate~~	12638
~~the performance of the coordinator after considering the~~	12639
~~evaluation and recommendations of the council under section~~	12640
~~5507.65 of the Revised Code~~state chief information officer. The	12641
program office	12642

~~The Ohio 9-1-1 coordinator~~ shall administer the wireless	12643
9-1-1 government assistance fund as specified in sections ~~5507.53~~	12644
128.53 and ~~5507.55~~128.55 of the Revised Code. ~~The coordinator~~	12645
~~shall carry out the coordinator's duties under this chapter. The~~	12646
~~chairperson may establish additional duties of the coordinator~~	12647
~~based on a list of recommended duties submitted by the Ohio 9-1-1~~	12648
~~council pursuant to section 5507.65 of the Revised Code. The~~	12649
~~chairperson may assign one or more commission employees to assist~~	12650
~~the coordinator in carrying out the coordinator's duties.~~	12651

~~Sec. 5507.42.~~ Sec. 128.42. (A) There is hereby imposed a wireless	12652
9-1-1 charge of twenty-five cents per month as follows:	12653

(1) On each wireless telephone number of a wireless service	12654
subscriber who has a billing address in this state. The subscriber	12655
shall pay the wireless 9-1-1 charge for each such wireless	12656
telephone number assigned to the subscriber. Each wireless service	12657
provider and each reseller shall collect the wireless 9-1-1 charge	12658
as a specific line item on each subscriber's monthly bill. The	12659
line item shall be expressly designated "State/Local Wireless-E911	12660
Costs ($0.25/billed number)." If a provider bills a subscriber for	12661
any wireless enhanced 9-1-1 costs that the provider may incur, the	12662
charge or amount is not to appear in the same line item as the	12663
state/local line item. If the charge or amount is to appear in its	12664
own, separate line item on the bill, the charge or amount shall be	12665
expressly designated "[Name of Provider] Federal Wireless-E911	12666
Costs."	12667

(2)(a) Prior to January 1, 2014, on each subscriber of	12668
prepaid wireless service. A wireless service provider or reseller	12669
shall collect the wireless 9-1-1 charge in either of the following	12670
manners:	12671

(i) If the subscriber has a positive account balance on the	12672
last day of the month and has used the service during that month,	12673
by reducing that balance not later than the end of the first week	12674
of the following month by twenty-five cents or an equivalent	12675
number of airtime minutes;	12676

(ii) By dividing the total earned prepaid wireless telephone	12677
revenue from sales within this state received by the wireless	12678
service provider or reseller during the month by fifty,	12679
multiplying the quotient by twenty-five cents.	12680

(b) Amounts collected under division (A)(2) of this section	12681
shall be remitted pursuant to division (A)(1) of section ~~5507.46~~	12682
128.46 of the Revised Code.	12683

The wireless 9-1-1 charges authorized under this section	12684
shall not be imposed on a subscriber of wireless lifeline service	12685
or a provider of that service.	12686

(B) Beginning January 1, 2014:

12687

(1) There is hereby imposed, on each retail sale of a prepaid	12688
wireless calling service occurring in this state, a wireless 9-1-1	12689
charge of five-tenths of one per cent of the sale price.	12690

(2) For purposes of division (B)(1) of this section, a retail	12691
sale occurs in this state if it is effected by the consumer	12692
appearing in person at a seller's business location in this state,	12693
or if the sale is sourced to this state under division (E)(3) of	12694
section 5739.034 of the Revised Code, except that under that	12695
division, in lieu of sourcing a sale under division (C)(5) of	12696
section 5739.033 of the Revised Code, the seller, rather than the	12697
service provider, may elect to source the sale to the location	12698
associated with the mobile telephone number.	12699

(3)(a) Except as provided in division (B)(4)(c) of this	12700
section, the seller of the prepaid wireless calling service shall	12701
collect the charge from the consumer at the time of each retail	12702
sale and disclose the amount of the charge to the consumer at the	12703
time of the sale by itemizing the charge on the receipt, invoice,	12704
or similar form of written documentation provided to the consumer.	12705

(b) The seller shall comply with the reporting and remittance	12706
requirements under section ~~5507.46~~128.46 of the Revised Code.	12707

(4) When a prepaid wireless calling service is sold with one	12708
or more other products or services for a single, nonitemized	12709
price, the wireless 9-1-1 charge imposed under division (B)(1) of	12710
this section shall apply to the entire nonitemized price, except	12711
as provided in divisions (B)(4)(a) to (c) of this section.	12712

(a) If the amount of the prepaid wireless calling service is	12713
disclosed to the consumer as a dollar amount, the seller may elect	12714
to apply the charge only to that dollar amount.	12715

(b) If the seller can identify the portion of the nonitemized	12716
price that is attributable to the prepaid wireless calling	12717
service, by reasonable and verifiable standards from the seller's	12718
books and records that are kept in the regular course of business	12719
for other purposes, including nontax purposes, the seller may	12720
elect to apply the charge only to that portion.	12721

(c) If a minimal amount of a prepaid wireless calling service	12722
is sold with a prepaid wireless calling device for the single,	12723
nonitemized price, the seller may elect not to collect the charge.	12724
As used in this division, "minimal" means either ten minutes or	12725
less or five dollars or less.	12726

(C) The wireless 9-1-1 charges shall be exempt from state or	12727
local taxation.	12728

~~Sec. 5507.44.~~ Sec. 128.44. Beginning January 1, 2014, the tax	12729
commissioner shall provide notice to all known wireless service	12730
providers, resellers, and sellers of prepaid wireless calling	12731
services of any increase or decrease in either of the wireless	12732
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	12733
Code. Each notice shall be provided not less than thirty days	12734
before the effective date of the increase or decrease.	12735

~~Sec. 5507.46.~~ Sec. 128.46. (A) Prior to January 1, 2014:

12736

(1) A wireless service provider or reseller, not later than	12737
the last day of each month, shall remit the full amount of all	12738
wireless 9-1-1 charges it collected under division (A) of section	12739
~~5507.42~~128.42 of the Revised Code for the second preceding	12740
calendar month to the ~~Ohio 9-1-1 coordinator~~administrator, with	12741
the exception of charges equivalent to the amount authorized as a	12742
billing and collection fee under division (A)(2) of this section.	12743
In doing so, the provider or reseller may remit the requisite	12744
amount in any reasonable manner consistent with its existing	12745
operating or technological capabilities, such as by customer	12746
address, location associated with the wireless telephone number,	12747
or another allocation method based on comparable, relevant data.	12748
If the wireless service provider or reseller receives a partial	12749
payment for a bill from a wireless service subscriber, the	12750
wireless service provider or reseller shall apply the payment	12751
first against the amount the subscriber owes the wireless service	12752
provider or reseller and shall remit to the ~~coordinator~~	12753
administrator such lesser amount, if any, as results from that	12754
invoice.	12755

(2) A wireless service provider or reseller may retain as a	12756
billing and collection fee two per cent of the total wireless	12757
9-1-1 charges it collects in a month and shall account to the	12758
~~coordinator~~administrator for the amount retained.	12759

(3) The ~~coordinator~~administrator shall return to, or credit	12760
against the next month's remittance of, a wireless service	12761
provider or reseller the amount of any remittances the ~~coordinator~~	12762
administrator determines were erroneously submitted by the	12763
provider or reseller.	12764

(B) Beginning January 1, 2014:

12765

(1) Each seller of a prepaid wireless calling service,	12766
wireless service provider, and reseller shall, on or before the	12767
twenty-third day of each month, except as provided in divisions	12768
(B)(2) and (3) of this section, do both of the following:	12769

(a) Make and file a return for the preceding month, in the	12770
form prescribed by the tax commissioner, showing the amount of the	12771
wireless 9-1-1 charges due under section ~~5507.42~~128.42 of the	12772
Revised Code for that month;	12773

(b) Remit the full amount due, as shown on the return, with	12774
the exception of charges equivalent to the amount authorized as a	12775
collection fee under division (B)(4) of this section.	12776

(2) The commissioner may grant one or more thirty-day	12777
extensions for making and filing returns and remitting amounts	12778
due.	12779

(3) If a seller is required to collect prepaid wireless 9-1-1	12780
charges in amounts that do not merit monthly returns, the	12781
commissioner may authorize the seller to make and file returns	12782
less frequently. The commissioner shall ascertain whether this	12783
authorization is warranted upon the basis of administrative costs	12784
to the state.	12785

(4) A wireless service provider, reseller, and seller may	12786
each retain as a collection fee three per cent of the total	12787
wireless 9-1-1 charges required to be collected under section	12788
~~5507.42~~128.42 of the Revised Code, and shall account to the tax	12789
commissioner for the amount retained.	12790

(5) The return required under division (B)(1)(a) of this	12791
section shall be filed electronically using the Ohio business	12792
gateway, as defined in section 718.051 of the Revised Code, the	12793
Ohio telefile system, or any other electronic means prescribed by	12794
the tax commissioner. Remittance of the amount due shall be made	12795
electronically in a manner approved by the commissioner. A	12796
wireless service provider, reseller, or seller may apply to the	12797
commissioner on a form prescribed by the commissioner to be	12798
excused from either electronic requirement of this division. For	12799
good cause shown, the commissioner may excuse the provider,	12800
reseller, or seller from either or both of the requirements and	12801
may permit the provider, reseller, or seller to file returns or	12802
make remittances by nonelectronic means.	12803

(C)(1) Prior to January 1, 2014, each subscriber on which a	12804
wireless 9-1-1 charge is imposed under division (A) of section	12805
~~5507.42~~128.42 of the Revised Code is liable to the state for the	12806
amount of the charge. If a wireless service provider or reseller	12807
fails to collect the charge under that division from a subscriber	12808
of prepaid wireless service, or fails to bill any other subscriber	12809
for the charge, the wireless service provider or reseller is	12810
liable to the state for the amount not collected or billed. If a	12811
wireless service provider or reseller collects charges under that	12812
division and fails to remit the money to the ~~coordinator~~	12813
administrator, the wireless service provider or reseller is liable	12814
to the state for any amount collected and not remitted.	12815

(2) Beginning January 1, 2014:

12816

(a) Each subscriber or consumer on which a wireless 9-1-1	12817
charge is imposed under section ~~5507.42~~128.42 of the Revised Code	12818
is liable to the state for the amount of the charge. If a wireless	12819
service provider or reseller fails to bill or collect the charge,	12820
or if a seller fails to collect the charge, the provider,	12821
reseller, or seller is liable to the state for the amount not	12822
billed or collected. If a provider, reseller, or seller fails to	12823
remit money to the tax commissioner as required under this	12824
section, the provider, reseller, or seller is liable to the state	12825
for the amount not remitted, regardless of whether the amount was	12826
collected.	12827

(b) No provider of a prepaid wireless calling service shall	12828
be liable to the state for any wireless 9-1-1 charge imposed under	12829
division (B)(1) of section ~~5507.42~~128.42 of the Revised Code that	12830
was not collected or remitted.	12831

(D) Prior to January 1, 2014:

12832

(1) If the ~~public utilities commission~~steering committee has	12833
reason to believe that a wireless service provider or reseller has	12834
failed to bill, collect, or remit the wireless 9-1-1 charge as	12835
required by divisions (A)(1) and (C)(1) of this section or has	12836
retained more than the amount authorized under division (A)(2) of	12837
this section, and after written notice to the provider or	12838
reseller, the ~~commission~~steering committee may audit the	12839
provider or reseller for the sole purpose of making such a	12840
determination. The audit may include, but is not limited to, a	12841
sample of the provider's or reseller's billings, collections,	12842
remittances, or retentions for a representative period, and the	12843
~~commission~~steering committee shall make a good faith effort to	12844
reach agreement with the provider or reseller in selecting that	12845
sample.	12846

(2) Upon written notice to the wireless service provider or	12847
reseller, the ~~commission~~steering committee, by order after	12848
completion of the audit, may make an assessment against the	12849
provider or reseller if, pursuant to the audit, the ~~commission~~	12850
steering committee determines that the provider or reseller has	12851
failed to bill, collect, or remit the wireless 9-1-1 charge as	12852
required by divisions (A)(1) and (C)(1) of this section or has	12853
retained more than the amount authorized under division (A)(2) of	12854
this section. The assessment shall be in the amount of any	12855
remittance that was due and unpaid on the date notice of the audit	12856
was sent by the ~~commission~~steering committee to the provider or	12857
reseller or, as applicable, in the amount of the excess amount	12858
under division (A)(2) of this section retained by the provider or	12859
reseller as of that date.	12860

(3) The portion of any assessment not paid within sixty days	12861
after the date of service by the ~~commission~~steering committee of	12862
the assessment notice under division (D)(2) of this section shall	12863
bear interest from that date until paid at the rate per annum	12864
prescribed by section 5703.47 of the Revised Code. That interest	12865
may be collected by making an assessment under division (D)(2) of	12866
this section. An assessment under this division and any interest	12867
due shall be remitted in the same manner as the wireless 9-1-1	12868
charge imposed under division (A) of section ~~5507.42~~128.42 of the	12869
Revised Code.	12870

(4) ~~An assessment is final and due and payable and shall be~~	12871
~~remitted to the commission unless the assessed party petitions for~~	12872
~~rehearing under section 4903.10 of the Revised Code. The~~	12873
~~proceedings of the commission specified in division (D)(4) of this~~	12874
~~section are subject to and governed by Chapter 4903. of the~~	12875
~~Revised Code, except that the court of appeals of Franklin county~~	12876
~~has exclusive, original jurisdiction to review, modify, or vacate~~	12877
~~an order of the commission under division (D)(2) of this section.~~	12878
~~The court shall hear and determine such appeal in the same manner~~	12879
~~and under the same standards as the Ohio supreme court hears and~~	12880
~~determines appeals under Chapter 4903. of the Revised Code.~~	12881

~~The judgment of the court of appeals is final and conclusive~~	12882
~~unless reversed, vacated, or modified on appeal. Such an appeal~~	12883
~~may be made by the commission or the person to whom the order~~	12884
~~under division (D)(2) of this section was issued and shall proceed~~	12885
~~as in the case of appeals in civil actions as provided in Chapter~~	12886
~~2505. of the Revised Code.~~Unless the provider, reseller, or	12887
seller assessed files with the steering committee within sixty	12888
days after service of the notice of assessment, either personally	12889
or by certified mail, a written petition for reassessment, signed	12890
by the party assessed or that party's authorized agent having	12891
knowledge of the facts, the assessment shall become final and the	12892
amount of the assessment shall be due and payable from the party	12893
assessed to the administrator. The petition shall indicate the	12894
objections of the party assessed, but additional objections may be	12895
raised in writing if received by the administrator or the steering	12896
committee prior to the date shown on the final determination.	12897

(5) After an assessment becomes final, if any portion of the	12898
assessment remains unpaid, including accrued interest, a certified	12899
copy of the ~~commission's entry making the assessment~~ final	12900
assessment may be filed in the office of the clerk of the court of	12901
common pleas in the county in which the place of business of the	12902
assessed party is located. If the party assessed maintains no	12903
place of business in this state, the certified copy of the ~~entry~~	12904
final assessment may be filed in the office of the clerk of the	12905
court of common pleas of Franklin county. Immediately upon the	12906
filing, the clerk shall enter a judgment for the state against the	12907
assessed party in the amount shown on the ~~entry~~final assessment.	12908
The judgment may be filed by the clerk in a loose-leaf book	12909
entitled "special judgments for wireless 9-1-1 charges" and shall	12910
have the same effect as other judgments. The judgment shall be	12911
executed upon the request of the ~~commission~~steering committee.	12912

(6) An assessment under this division does not discharge a	12913
subscriber's liability to reimburse the provider or reseller for	12914
the wireless 9-1-1 charge imposed under division (A) of section	12915
~~5507.42~~128.42 of the Revised Code. If, after the date of service	12916
of the audit notice under division (D)(1) of this section, a	12917
subscriber pays a wireless 9-1-1 charge for the period covered by	12918
the assessment, the payment shall be credited against the	12919
assessment.	12920

(7) All money collected by the ~~commission~~administrator under	12921
division (D) of this section shall be paid to the treasurer of	12922
state, for deposit to the credit of the wireless 9-1-1 government	12923
assistance fund.	12924

(E) Beginning January 1, 2014:

12925

(1) If the tax commissioner has reason to believe that a	12926
wireless service provider, reseller, or seller has failed to bill,	12927
collect, or remit the wireless 9-1-1 charge as required by this	12928
section and section ~~5507.42~~128.42 of the Revised Code or has	12929
retained more than the amount authorized under division (B)(4) of	12930
this section, and after written notice to the provider, reseller,	12931
or seller, the tax commissioner may audit the provider, reseller,	12932
or seller for the sole purpose of making such a determination. The	12933
audit may include, but is not limited to, a sample of the	12934
provider's, reseller's, or seller's billings, collections,	12935
remittances, or retentions for a representative period, and the	12936
tax commissioner shall make a good faith effort to reach agreement	12937
with the provider, reseller, or seller in selecting that sample.	12938

(2) Upon written notice to the wireless service provider,	12939
reseller, or seller, the tax commissioner, after completion of the	12940
audit, may make an assessment against the provider, reseller, or	12941
seller if, pursuant to the audit, the tax commissioner determines	12942
that the provider, reseller, or seller has failed to bill,	12943
collect, or remit the wireless 9-1-1 charge as required by this	12944
section and section ~~5507.42~~128.42 of the Revised Code or has	12945
retained more than the amount authorized under division (B)(4) of	12946
this section. The assessment shall be in the amount of any	12947
remittance that was due and unpaid on the date notice of the audit	12948
was sent by the tax commissioner to the provider, reseller, or	12949
seller or, as applicable, in the amount of the excess amount under	12950
division (B)(4) of this section retained by the provider,	12951
reseller, or seller as of that date.	12952

(3) The portion of any assessment consisting of wireless	12953
9-1-1 charges due and not paid within sixty days after the date of	12954
~~service by the tax commissioner of~~that the assessment ~~notice~~was	12955
made under division (E)(2) of this section shall bear interest	12956
from that date until paid at the rate per annum prescribed by	12957
section 5703.47 of the Revised Code. That interest may be	12958
collected by making an assessment under division (E)(2) of this	12959
section. ~~An assessment under this division and any interest due~~	12960
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	12961
~~imposed under section 5507.42 of the Revised Code.~~	12962

(4) ~~The portion of the assessment not paid within sixty days~~	12963
~~after the day the assessment was issued shall bear interest at the~~	12964
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	12965
~~from the day the commissioner issues the assessment until it is~~	12966
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	12967
~~charges and may be collected by the issuance of an assessment~~	12968
~~under division (E) of this section.~~	12969

~~(5)~~ Unless the provider, reseller, or seller assessed files	12970
with the tax commissioner within sixty days after service of the	12971
notice of assessment, either personally or by certified mail, a	12972
written petition for reassessment, signed by the party assessed or	12973
that party's authorized agent having knowledge of the facts, the	12974
assessment shall become final and the amount of the assessment	12975
shall be due and payable from the party assessed to the treasurer	12976
of state, for deposit to the next generation 9-1-1 fund, which is	12977
created under section ~~5507.54~~128.54 of the Revised Code. The	12978
petition shall indicate the objections of the party assessed, but	12979
additional objections may be raised in writing if received by the	12980
commissioner prior to the date shown on the final determination.	12981
If the petition has been properly filed, the commissioner shall	12982
proceed under section 5703.60 of the Revised Code.	12983

~~(6)~~(5) After an assessment becomes final, if any portion of	12984
the assessment remains unpaid, including accrued interest, a	12985
certified copy of the final assessment may be filed in the office	12986
of the clerk of the court of common pleas in the county in which	12987
the business of the assessed party is conducted. If the party	12988
assessed maintains no place of business in this state, the	12989
certified copy of the final assessment may be filed in the office	12990
of the clerk of the court of common pleas of Franklin county.	12991
Immediately upon the filing, the clerk shall enter a judgment for	12992
the state against the assessed party in the amount shown on the	12993
final assessment. The judgment may be filed by the clerk in a	12994
loose-leaf book entitled "special judgments for wireless 9-1-1	12995
charges" and shall have the same effect as other judgments. The	12996
judgment shall be executed upon the request of the tax	12997
commissioner.	12998

~~(7)~~(6) If the commissioner determines that the commissioner	12999
erroneously has refunded a wireless 9-1-1 charge to any person,	13000
the commissioner may make an assessment against that person for	13001
recovery of the erroneously refunded charge.	13002

~~(8)~~(7) An assessment under division (E) of this section does	13003
not discharge a subscriber's or consumer's liability to reimburse	13004
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	13005
after the date of service of the audit notice under division	13006
(E)(1) of this section, a subscriber or consumer pays a wireless	13007
9-1-1 charge for the period covered by the assessment, the payment	13008
shall be credited against the assessment.	13009

~~Sec. 5507.52.~~ Sec. 128.52. (A) Beginning on July 1, 2013, each	13010
seller of a prepaid wireless calling service required to collect	13011
prepaid wireless 9-1-1 charges under division (B) of section	13012
~~5507.42~~128.42 of the Revised Code shall also be subject to the	13013
provisions of Chapter 5739. of the Revised Code regarding the	13014
excise tax on retail sales levied under section 5739.02 of the	13015
Revised Code, as those provisions apply to audits, assessments,	13016
appeals, enforcement, liability, and penalties.	13017

(B) The tax commissioner shall establish procedures by which	13018
a person may document that a sale is not a retail sale of a	13019
prepaid wireless calling service. The procedures shall	13020
substantially coincide with similar procedures under Chapter 5739.	13021
of the Revised Code.	13022

~~Sec. 5507.53.~~ Sec. 128.53. (A) There is hereby created the	13023
wireless 9-1-1 administrative fund in the state treasury. A	13024
~~sufficient percentage, determined by the chairperson of the public~~	13025
~~utilities commission but not to exceed two~~Two per cent, of the	13026
periodic remittances of the wireless 9-1-1 charges under section	13027
~~5507.46~~128.46 of the Revised Code shall be deposited to the	13028
credit of the fund, to be used by the ~~commission~~steering	13029
committee to cover such nonpayroll costs and, at the discretion of	13030
the ~~commission~~steering committee such payroll costs, of the	13031
~~commission~~steering committee as are incurred in ~~assisting the~~	13032
~~coordinator in~~ carrying out ~~sections 5507.40 to 5507.66 of the~~	13033
~~Revised Code and in conducting audits under division (D) of~~	13034
~~section 5507.46 of the Revised Code. In addition, the compensation~~	13035
~~of the Ohio 9-1-1 coordinator, and any expenses of the coordinator~~	13036
~~in carrying out those sections, shall be paid from the fund~~this	13037
chapter.	13038

(B) There is hereby created the wireless 9-1-1 government	13039
assistance fund, which shall be in the custody of the treasurer of	13040
state but shall not be part of the state treasury. The periodic	13041
remittances of the wireless 9-1-1 charges under section ~~5507.46~~	13042
128.46 of the Revised Code, remaining after the deposit required	13043
by division (A) of this section, shall be deposited to the credit	13044
of the wireless 9-1-1 government assistance fund. The treasurer of	13045
state shall deposit or invest the moneys in this fund in	13046
accordance with Chapter 135. of the Revised Code and any other	13047
provision of law governing public moneys of the state as defined	13048
in section 135.01 of the Revised Code. The treasurer of state	13049
shall credit the interest earned to the fund. The treasurer of	13050
state shall disburse money from the fund solely upon order of the	13051
~~coordinator~~steering committee as authorized under division (A) of	13052
section ~~5507.55~~128.55 of the Revised Code. Annually, unless the	13053
fund is depleted, the treasurer of state shall certify to the	13054
~~coordinator~~steering committee the amount of moneys in the	13055
treasurer of state's custody belonging to the fund.	13056

(C) The ~~commission~~steering committee shall transfer the	13057
funds remaining in the wireless 9-1-1 government assistance fund	13058
after the disbursements made under division (A) of section ~~5507.55~~	13059
128.55 of the Revised Code to the credit of the next generation	13060
9-1-1 fund, created in section ~~5507.54~~128.54 of the Revised	13061
Code.	13062

~~Sec. 5507.54.~~ Sec. 128.54. (A) Beginning January 1, 2014:

13063

(1) The periodic remittances of the wireless 9-1-1 charges	13064
under section ~~5507.46~~128.46 of the Revised Code shall be paid to	13065
the treasurer of state for deposit as follows:	13066

(a) ~~Ninety-eight~~Ninety-seven per cent to the wireless 9-1-1	13067
government assistance fund, which is hereby created in the custody	13068
of the treasurer of state but which shall not be a part of the	13069
state treasury. The treasurer of state shall deposit or invest the	13070
moneys in this fund in accordance with Chapter 135. of the Revised	13071
Code and any other provision of law governing public moneys of the	13072
state as defined in section 135.01 of the Revised Code. The	13073
treasurer of state shall credit the interest earned to the fund.	13074
The treasurer of state shall disburse money from the fund solely	13075
upon order of the tax commissioner according to policies	13076
established by the ~~statewide emergency services internet protocol~~	13077
~~network~~ steering committee as authorized under section ~~5507.021~~	13078
128.021 of the Revised Code. Annually, until the fund is depleted,	13079
the treasurer of state shall certify to the commissioner the	13080
amount of moneys in the treasurer of state's custody belonging to	13081
the fund.	13082

(b) One per cent to the wireless 9-1-1 administrative fund,	13083
which is hereby created in the state treasury. The treasurer of	13084
state shall credit the interest earned to the fund.	13085

(c) ~~One~~Two per cent to the ~~wireless~~ 9-1-1 ~~public safety~~	13086
~~administrative~~program fund, which is hereby created in the state	13087
treasury. The treasurer of state shall credit the interest earned	13088
to the fund.	13089

(2) The tax commissioner shall use the remittances in the	13090
wireless 9-1-1 administrative fund to defray the costs in carrying	13091
out this chapter.	13092

(3) The ~~director of public safety~~steering committee shall	13093
use the remittances in the ~~wireless~~ 9-1-1 ~~public safety~~	13094
~~administrative~~program fund to defray the costs incurred by the	13095
~~department~~steering committee in carrying out this chapter.	13096

(4) Annually, the tax commissioner and the ~~director of public~~	13097
~~safety~~steering committee, after paying administrative costs under	13098
~~division (B) of~~ this section, shall transfer any excess remaining	13099
in the administrative funds to the next generation 9-1-1 fund,	13100
created under this section.	13101

(B)(1) There is hereby created the next generation 9-1-1	13102
fund, which shall be in the custody of the treasurer but shall not	13103
be a part of the state treasury.	13104

(2) Beginning on January 1, 2014, the tax commissioner shall	13105
transfer the funds remaining in the wireless 9-1-1 government	13106
assistance fund after the disbursements made under division (B)(1)	13107
of section ~~5507.55~~128.55 of the Revised Code to the credit of the	13108
next generation 9-1-1 fund.	13109

(3) The treasurer of state shall deposit or invest the moneys	13110
in the next generation 9-1-1 fund in accordance with Chapter 135.	13111
of the Revised Code and any other provision of law governing	13112
public moneys of the state as defined in section 135.01 of the	13113
Revised Code. The treasurer of state shall credit the interest	13114
earned to the fund. The treasurer of state shall disburse money	13115
from the fund solely upon order of the tax commissioner according	13116
to policies established by the ~~statewide emergency services~~	13117
~~internet protocol network~~ steering committee as authorized under	13118
section ~~5507.021~~128.021 of the Revised Code. Annually, until the	13119
fund is depleted, the treasurer of state shall certify to the	13120
commissioner the amount of moneys in the treasurer of state's	13121
custody belonging to the fund.	13122

~~Sec. 5507.55.~~ Sec. 128.55. (A) Prior to January 1, 2014, the ~~public~~	13123
~~utilities commission~~steering committee shall disburse moneys from	13124
the wireless 9-1-1 government assistance fund to each county in	13125
the same manner as the 2012 disbursements, in accordance with	13126
divisions (A) and (B) of section 4931.64 of the Revised Code as	13127
those divisions existed prior to the effective date of H.B. 360 of	13128
the 129th general assembly, December 20, 2012.	13129

(B) Beginning January 1, 2014:

13130

(1) The tax commissioner, not later than the last day of each	13131
month, shall disburse moneys from the wireless 9-1-1 government	13132
assistance fund to each county in the same manner as the 2012	13133
disbursements, in accordance with divisions (A) and (B) of section	13134
4931.64 of the Revised Code as those divisions existed prior to	13135
the effective date of H.B. 360 of the 129th general assembly,	13136
December 20, 2012.	13137

(2) The tax commissioner shall disburse moneys from the next	13138
generation 9-1-1 fund in accordance with the guidelines	13139
established under section ~~5507.022~~128.022 of the Revised Code.	13140

(C) Immediately upon receipt by a county treasurer of a	13141
disbursement under division (A) or (B)(1) of this section, the	13142
county shall disburse, in accordance with the allocation formula	13143
set forth in the final plan, the amount the county so received to	13144
any other subdivisions in the county and any regional councils of	13145
governments in the county that pay the costs of a public safety	13146
answering point providing wireless enhanced 9-1-1 under the plan.	13147

(D) Nothing in this chapter affects the authority of a	13148
subdivision operating or served by a public safety answering point	13149
of a 9-1-1 system or a regional council of governments operating a	13150
public safety answering point of a 9-1-1 system to use, as	13151
provided in the final plan for the system or in an agreement under	13152
section ~~5507.09~~128.09 of the Revised Code, any other authorized	13153
revenue of the subdivision or the regional council of governments	13154
for the purposes of providing basic or enhanced 9-1-1.	13155

~~Sec. 5507.57.~~ Sec. 128.57. Except as otherwise provided in section	13156
~~5507.571~~128.571 of the Revised Code:	13157

(A) A countywide 9-1-1 system receiving a disbursement under	13158
section ~~5507.55~~128.55 of the Revised Code shall provide	13159
countywide wireless enhanced 9-1-1 in accordance with this chapter	13160
beginning as soon as reasonably possible after receipt of the	13161
first disbursement or, if that service is already implemented,	13162
shall continue to provide such service. Except as provided in	13163
divisions (B), (C), and (E) of this section, a disbursement shall	13164
be used solely for the purpose of paying either or both of the	13165
following:	13166

(1) Any costs of designing, upgrading, purchasing, leasing,	13167
programming, installing, testing, or maintaining the necessary	13168
data, hardware, software, and trunking required for the public	13169
safety answering point or points of the 9-1-1 system to provide	13170
wireless enhanced 9-1-1, which costs are incurred before or on or	13171
after May 6, 2005, and consist of such additional costs of the	13172
9-1-1 system over and above any costs incurred to provide wireline	13173
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	13174
up to twenty-five thousand dollars of the disbursements received	13175
on or after January 1, 2009, may be applied to data, hardware, and	13176
software that automatically alerts personnel receiving a 9-1-1	13177
call that a person at the subscriber's address or telephone number	13178
may have a mental or physical disability, of which that personnel	13179
shall inform the appropriate emergency service provider. On or	13180
after the provision of technical and operational standards	13181
pursuant to ~~division (D)(1) of~~ section ~~5507.65~~128.021 of the	13182
Revised Code, a regional council of governments operating a public	13183
safety answering point or a subdivision shall consider the	13184
standards before incurring any costs described in this division.	13185

(2) Any costs of training the staff of the public safety	13186
answering point or points to provide wireless enhanced 9-1-1,	13187
which costs are incurred before or on or after May 6, 2005.	13188

(B) A subdivision or a regional council of governments that	13189
certifies to the ~~department of public safety~~steering committee	13190
that it has paid the costs described in divisions (A)(1) and (2)	13191
of this section and is providing countywide wireless enhanced	13192
9-1-1 may use disbursements received under section ~~5507.55~~128.55	13193
of the Revised Code to pay any of its personnel costs of one or	13194
more public safety answering points providing countywide wireless	13195
enhanced 9-1-1.	13196

(C) After receiving its July 2013 disbursement under division	13197
(A) of section ~~5507.55~~128.55 of the Revised Code, a regional	13198
council of governments operating a public safety answering point	13199
or a subdivision may use any remaining balance of disbursements it	13200
received under that division to pay any of its costs of providing	13201
countywide wireless 9-1-1, including the personnel costs of one or	13202
more public safety answering points providing that service.	13203

(D) The costs described in divisions (A), (B), (C), and (E)	13204
of this section may include any such costs payable pursuant to an	13205
agreement under division (J) of section ~~5507.03~~128.03 of the	13206
Revised Code.	13207

(E)(1) No disbursement to a countywide 9-1-1 system for costs	13208
of a public safety answering point shall be made from the wireless	13209
9-1-1 government assistance fund or the next generation 9-1-1 fund	13210
unless the public safety answering point meets the standards set	13211
by rule of the ~~statewide emergency services internet protocol~~	13212
~~network~~ steering committee under section ~~5507.021~~128.021 of the	13213
Revised Code.	13214

(2) The ~~department of public safety~~steering committee shall	13215
monitor compliance with the standards ~~set by the steering~~	13216
~~committee. The department~~and shall notify the tax commissioner to	13217
suspend disbursements to a countywide 9-1-1 system that fails to	13218
meet the standards. Upon receipt of this notification, the	13219
commissioner shall suspend disbursements until the commissioner is	13220
notified of compliance with the standards.	13221

(F) The auditor of state may audit and review each county's	13222
expenditures of funds received from the wireless 9-1-1 government	13223
assistance fund to verify that the funds were used in accordance	13224
with the requirements of this chapter.	13225

~~Sec. 5507.571.~~ Sec. 128.571. (A) Payment of costs specified in	13226
divisions (A) to (D) of section ~~5507.57~~128.57 of the Revised Code	13227
from a disbursement under section ~~5507.55~~128.55 of the Revised	13228
Code shall be limited to those specified and payable costs	13229
incurred for a specified number of public safety answering points	13230
of the particular 9-1-1 system as follows:	13231

(1) For the period beginning on March 1, 2009, and ending on	13232
December 31, 2015, a countywide 9-1-1 system may use disbursements	13233
for not more than five public safety answering points per calendar	13234
year.	13235

(2) Except as provided in division (B) of this section:

13236

(a) For the period beginning on January 1, 2016, and ending	13237
on December 31, 2017, a countywide 9-1-1 system may use	13238
disbursements for not more than four public safety answering	13239
points per calendar year.	13240

(b) For the period beginning on January 1, 2018, and	13241
thereafter a countywide 9-1-1 system may use disbursements for not	13242
more than three public safety answering points per calendar year.	13243

(B) If within a county there is a municipal corporation with	13244
a population of over ~~175,000~~one hundred seventy-five thousand	13245
according to the most recent federal decennial census, that county	13246
may use disbursements for one public safety answering point in	13247
addition to the number of public safety answering points allowed	13248
under division (A)(2) of this section.	13249

(C) If a county exceeds the allowable number of public safety	13250
answering points under this section, disbursements to countywide	13251
9-1-1 systems made to the county from the wireless 9-1-1	13252
government assistance fund and the next generation 9-1-1 fund	13253
shall be reduced by fifty per cent until the county complies with	13254
the public safety answering point limitations established under	13255
this section.	13256

~~Sec. 5507.60.~~ Sec. 128.60. (A)(1) A telephone company, the state	13257
highway patrol as described in division (J) of section ~~5507.03~~	13258
128.03 of the Revised Code, and each subdivision or regional	13259
council of governments operating one or more public safety	13260
answering points for a countywide system providing wireless 9-1-1,	13261
shall provide the ~~director of public safety~~steering committee and	13262
the tax commissioner with such information as the ~~director~~	13263
steering committee and tax commissioner request for the purposes	13264
of carrying out their duties under this chapter, including, but	13265
not limited to, duties regarding the collection of the wireless	13266
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	13267
Code.	13268

(2) A wireless service provider shall provide an official,	13269
employee, agent, or representative of a subdivision or regional	13270
council of governments operating a public safety answering point,	13271
or of the state highway patrol as described in division (J) of	13272
section ~~5507.03~~128.03 of the Revised Code, with such technical,	13273
service, and location information as the official, employee,	13274
agent, or representative requests for the purpose of providing	13275
wireless 9-1-1.	13276

(3) A subdivision or regional council of governments	13277
operating one or more public safety answering points of a 9-1-1	13278
system, and a telephone company, shall provide to the ~~Ohio 9-1-1~~	13279
~~council~~steering committee such information as the ~~council~~	13280
steering committee requires for the purpose of carrying out its	13281
duties under ~~division (D) of section 5507.65~~Chapter 128. of the	13282
Revised Code.	13283

(B)(1) Any information provided under division (A) of this	13284
section that consists of trade secrets as defined in section	13285
1333.61 of the Revised Code or of information regarding the	13286
customers, revenues, expenses, or network information of a	13287
telephone company shall be confidential and does not constitute a	13288
public record for the purpose of section 149.43 of the Revised	13289
Code.	13290

(2) The ~~director~~steering committee, tax commissioner, and	13291
any official, employee, agent, or representative of the ~~director~~	13292
steering committee, of the tax commissioner, of the state highway	13293
patrol as described in division (J) of section ~~5507.03~~128.03 of	13294
the Revised Code, or of a subdivision or regional council of	13295
governments operating a public safety answering point, while	13296
acting or claiming to act in the capacity of the ~~director~~steering	13297
committee or tax commissioner or such official, employee, agent,	13298
or representative, shall not disclose any information provided	13299
under division (A) of this section regarding a telephone company's	13300
customers, revenues, expenses, or network information. Nothing in	13301
division (B)(2) of this section precludes any such information	13302
from being aggregated and included in any report ~~required under~~	13303
~~division (D) of section 5507.66 of the Revised Code~~of the	13304
steering committee, tax commissioner, or any official, employee,	13305
agent, or representative of the steering committee or tax	13306
commissioner, provided the aggregated information does not	13307
identify the number of any particular company's customers or the	13308
amount of its revenues or expenses or identify a particular	13309
company as to any network information.	13310

~~Sec. 5507.63.~~ Sec. 128.63. (A) The tax commissioner may adopt	13311
rules in accordance with Chapter 119. of the Revised Code to carry	13312
out this chapter, including rules prescribing the necessary	13313
accounting for the collection fee under division (B)(4) of section	13314
~~5507.46~~128.46 of the Revised Code.	13315

(B) The amounts of the wireless 9-1-1 charges shall be	13316
prescribed only by act of the general assembly.	13317

~~Sec. 5507.99.~~ Sec. 128.99. (A) Whoever violates division (E) of	13318
section ~~5507.32~~128.32 of the Revised Code is guilty of a	13319
misdemeanor of the fourth degree.	13320

(B) Whoever violates division (F) or (G) of section ~~5507.32~~	13321
128.32 or division (B)(2) of section ~~5507.60~~128.60 of the Revised	13322
Code is guilty of a misdemeanor of the fourth degree on a first	13323
offense and a felony of the fifth degree on each subsequent	13324
offense.	13325

Sec. 131.51. (A) On or before July 5, 2013, the tax	13326
commissioner shall compute the following amounts and certify those	13327
amounts to the director of budget and management:	13328

(1) A percentage calculated by multiplying one hundred by the	13329
quotient obtained by dividing the total amount credited to the	13330
local government fund in fiscal year 2013 by the total amount of	13331
tax revenue credited to the general revenue fund in fiscal year	13332
2013. The percentage shall be rounded to the nearest one-hundredth	13333
of one per cent.	13334

(2) A percentage calculated by multiplying one hundred by the	13335
quotient obtained by dividing the total amount credited to the	13336
public library fund in fiscal year 2013 by the total amount of tax	13337
revenue credited to the general revenue fund in fiscal year 2013.	13338
The percentage shall be rounded to the nearest one-hundredth of	13339
one per cent.	13340

(B) On or before the seventh day of each month, the director	13341
of budget and management shall credit to the local government fund	13342
an amount equal to the product obtained by multiplying the	13343
percentage calculated under division (A)(1) of this section by the	13344
total tax revenue credited to the general revenue fund during the	13345
preceding month. In determining the total tax revenue credited to	13346
the general revenue fund during the preceding month, the director	13347
shall include amounts transferred from the fund during the	13348
preceding month under this division and division (C) of this	13349
section. Money shall be distributed from the local government fund	13350
as required under section 5747.50 of the Revised Code during the	13351
same month in which it is credited to the fund.	13352

(C) On or before the seventh day of each month, the director	13353
of budget and management shall credit to the public library fund	13354
an amount equal to the product obtained by multiplying the	13355
percentage calculated under division (A)(2) of this section by the	13356
total tax revenue credited to the general revenue fund during the	13357
preceding month. In determining the total tax revenue credited to	13358
the general revenue fund during the preceding month, the director	13359
shall include amounts transferred from the fund during the	13360
preceding month under this division and division (B) of this	13361
section. Money shall be distributed from the public library fund	13362
as required under section 5747.47 of the Revised Code during the	13363
same month in which it is credited to the fund.	13364

(D) The director of budget and management shall develop a	13365
schedule identifying the specific tax revenue sources to be used	13366
to make the monthly transfers required under divisions (B) and (C)	13367
of this section. The director may, from time to time, revise the	13368
schedule as the director considers necessary.	13369

Sec. 133.01. As used in this chapter, in sections 9.95,	13370
9.96, and 2151.655 of the Revised Code, in other sections of the	13371
Revised Code that make reference to this chapter unless the	13372
context does not permit, and in related proceedings, unless	13373
otherwise expressly provided:	13374

(A) "Acquisition" as applied to real or personal property	13375
includes, among other forms of acquisition, acquisition by	13376
exercise of a purchase option, and acquisition of interests in	13377
property, including, without limitation, easements and	13378
rights-of-way, and leasehold and other lease interests initially	13379
extending or extendable for a period of at least sixty months.	13380

(B) "Anticipatory securities" means securities, including	13381
notes, issued in anticipation of the issuance of other securities.	13382

(C) "Board of elections" means the county board of elections	13383
of the county in which the subdivision is located. If the	13384
subdivision is located in more than one county, "board of	13385
elections" means the county board of elections of the county that	13386
contains the largest portion of the population of the subdivision	13387
or that otherwise has jurisdiction in practice over and	13388
customarily handles election matters relating to the subdivision.	13389

(D) "Bond retirement fund" means the bond retirement fund	13390
provided for in section 5705.09 of the Revised Code, and also	13391
means a sinking fund or any other special fund, regardless of the	13392
name applied to it, established by or pursuant to law or the	13393
proceedings for the payment of debt charges. Provision may be made	13394
in the applicable proceedings for the establishment in a bond	13395
retirement fund of separate accounts relating to debt charges on	13396
particular securities, or on securities payable from the same or	13397
common sources, and for the application of moneys in those	13398
accounts only to specified debt charges on specified securities or	13399
categories of securities. Subject to law and any provisions in the	13400
applicable proceedings, moneys in a bond retirement fund or	13401
separate account in a bond retirement fund may be transferred to	13402
other funds and accounts.	13403

(E) "Capitalized interest" means all or a portion of the	13404
interest payable on securities from their date to a date stated or	13405
provided for in the applicable legislation, which interest is to	13406
be paid from the proceeds of the securities.	13407

(F) "Chapter 133. securities" means securities authorized by	13408
or issued pursuant to or in accordance with this chapter.	13409

(G) "County auditor" means the county auditor of the county	13410
in which the subdivision is located. If the subdivision is located	13411
in more than one county, "county auditor" means the county auditor	13412
of the county that contains the highest amount of the tax	13413
valuation of the subdivision or that otherwise has jurisdiction in	13414
practice over and customarily handles property tax matters	13415
relating to the subdivision. In the case of a county that has	13416
adopted a charter, "county auditor" means the officer who	13417
generally has the duties and functions provided in the Revised	13418
Code for a county auditor.	13419

(H) "Credit enhancement facilities" means letters of credit,	13420
lines of credit, stand-by, contingent, or firm securities purchase	13421
agreements, insurance, or surety arrangements, guarantees, and	13422
other arrangements that provide for direct or contingent payment	13423
of debt charges, for security or additional security in the event	13424
of nonpayment or default in respect of securities, or for making	13425
payment of debt charges to and at the option and on demand of	13426
securities holders or at the option of the issuer or upon certain	13427
conditions occurring under put or similar arrangements, or for	13428
otherwise supporting the credit or liquidity of the securities,	13429
and includes credit, reimbursement, marketing, remarketing,	13430
indexing, carrying, interest rate hedge, and subrogation	13431
agreements, and other agreements and arrangements for payment and	13432
reimbursement of the person providing the credit enhancement	13433
facility and the security for that payment and reimbursement.	13434

(I) "Current operating expenses" or "current expenses" means	13435
the lawful expenditures of a subdivision, except those for	13436
permanent improvements and for payments of debt charges of the	13437
subdivision.	13438

(J) "Debt charges" means the principal, including any	13439
mandatory sinking fund deposits and mandatory redemption payments,	13440
interest, and any redemption premium, payable on securities as	13441
those payments come due and are payable. The use of "debt charges"	13442
for this purpose does not imply that any particular securities	13443
constitute debt within the meaning of the Ohio Constitution or	13444
other laws.	13445

(K) "Financing costs" means all costs and expenses relating	13446
to the authorization, including any required election, issuance,	13447
sale, delivery, authentication, deposit, custody, clearing,	13448
registration, transfer, exchange, fractionalization, replacement,	13449
payment, and servicing of securities, including, without	13450
limitation, costs and expenses for or relating to publication and	13451
printing, postage, delivery, preliminary and final official	13452
statements, offering circulars, and informational statements,	13453
travel and transportation, underwriters, placement agents,	13454
investment bankers, paying agents, registrars, authenticating	13455
agents, remarketing agents, custodians, clearing agencies or	13456
corporations, securities depositories, financial advisory	13457
services, certifications, audits, federal or state regulatory	13458
agencies, accounting and computation services, legal services and	13459
obtaining approving legal opinions and other legal opinions,	13460
credit ratings, redemption premiums, and credit enhancement	13461
facilities. Financing costs may be paid from any moneys available	13462
for the purpose, including, unless otherwise provided in the	13463
proceedings, from the proceeds of the securities to which they	13464
relate and, as to future financing costs, from the same sources	13465
from which debt charges on the securities are paid and as though	13466
debt charges.	13467

(L) "Fiscal officer" means the following, or, in the case of	13468
absence or vacancy in the office, a deputy or assistant authorized	13469
by law or charter to act in the place of the named officer, or if	13470
there is no such authorization then the deputy or assistant	13471
authorized by legislation to act in the place of the named officer	13472
for purposes of this chapter, in the case of the following	13473
subdivisions:	13474

(1) A county, the county auditor;

13475

(2) A municipal corporation, the city auditor or village	13476
clerk or clerk-treasurer, or the officer who, by virtue of a	13477
charter, has the duties and functions provided in the Revised Code	13478
for the city auditor or village clerk or clerk-treasurer;	13479

(3) A school district, the treasurer of the board of	13480
education;	13481

(4) A regional water and sewer district, the secretary of the	13482
board of trustees;	13483

(5) A joint township hospital district, the treasurer of the	13484
district;	13485

(6) A joint ambulance district, the clerk of the board of	13486
trustees;	13487

(7) A joint recreation district, the person designated	13488
pursuant to section 755.15 of the Revised Code;	13489

(8) A detention facility district or a district organized	13490
under section 2151.65 of the Revised Code or a combined district	13491
organized under sections 2152.41 and 2151.65 of the Revised Code,	13492
the county auditor of the county designated by law to act as the	13493
auditor of the district;	13494

(9) A township, a fire district organized under division (C)	13495
of section 505.37 of the Revised Code, or a township police	13496
district, the fiscal officer of the township;	13497

(10) A joint fire district, the clerk of the board of	13498
trustees of that district;	13499

(11) A regional or county library district, the person	13500
responsible for the financial affairs of that district;	13501

(12) A joint solid waste management district, the fiscal	13502
officer appointed by the board of directors of the district under	13503
section 343.01 of the Revised Code;	13504

(13) A joint emergency medical services district, the person	13505
appointed as fiscal officer pursuant to division (D) of section	13506
307.053 of the Revised Code;	13507

(14) A fire and ambulance district, the person appointed as	13508
fiscal officer under division (B) of section 505.375 of the	13509
Revised Code;	13510

(15) A subdivision described in division (MM)~~(18)~~(19) of this	13511
section, the officer who is designated by law as or performs the	13512
functions of its chief fiscal officer;	13513

(16) A joint police district, the treasurer of the district;

13514

(17) A lake facilities authority, the fiscal officer	13515
designated under section 353.02 of the Revised Code.	13516

(M) "Fiscal year" has the same meaning as in section 9.34 of	13517
the Revised Code.	13518

(N) "Fractionalized interests in public obligations" means	13519
participations, certificates of participation, shares, or other	13520
instruments or agreements, separate from the public obligations	13521
themselves, evidencing ownership of interests in public	13522
obligations or of rights to receive payments of, or on account of,	13523
principal or interest or their equivalents payable by or on behalf	13524
of an obligor pursuant to public obligations.	13525

(O) "Fully registered securities" means securities in	13526
certificated or uncertificated form, registered as to both	13527
principal and interest in the name of the owner.	13528

(P) "Fund" means to provide for the payment of debt charges	13529
and expenses related to that payment at or prior to retirement by	13530
purchase, call for redemption, payment at maturity, or otherwise.	13531

(Q) "General obligation" means securities to the payment of	13532
debt charges on which the full faith and credit and the general	13533
property taxing power, including taxes within the tax limitation	13534
if available to the subdivision, of the subdivision are pledged.	13535

(R) "Interest" or "interest equivalent" means those payments	13536
or portions of payments, however denominated, that constitute or	13537
represent consideration for forbearing the collection of money, or	13538
for deferring the receipt of payment of money to a future time.	13539

(S) "Internal Revenue Code" means the "Internal Revenue Code	13540
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	13541
includes any laws of the United States providing for application	13542
of that code.	13543

(T) "Issuer" means any public issuer and any nonprofit	13544
corporation authorized to issue securities for or on behalf of any	13545
public issuer.	13546

(U) "Legislation" means an ordinance or resolution passed by	13547
a majority affirmative vote of the then members of the taxing	13548
authority unless a different vote is required by charter	13549
provisions governing the passage of the particular legislation by	13550
the taxing authority.	13551

(V) "Mandatory sinking fund redemption requirements" means	13552
amounts required by proceedings to be deposited in a bond	13553
retirement fund for the purpose of paying in any year or fiscal	13554
year by mandatory redemption prior to stated maturity the	13555
principal of securities that is due and payable, except for	13556
mandatory prior redemption requirements as provided in those	13557
proceedings, in a subsequent year or fiscal year.	13558

(W) "Mandatory sinking fund requirements" means amounts	13559
required by proceedings to be deposited in a year or fiscal year	13560
in a bond retirement fund for the purpose of paying the principal	13561
of securities that is due and payable in a subsequent year or	13562
fiscal year.	13563

(X) "Net indebtedness" has the same meaning as in division	13564
(A) of section 133.04 of the Revised Code.	13565

(Y) "Obligor," in the case of securities or fractionalized	13566
interests in public obligations issued by another person the debt	13567
charges or their equivalents on which are payable from payments	13568
made by a public issuer, means that public issuer.	13569

(Z) "One purpose" relating to permanent improvements means	13570
any one permanent improvement or group or category of permanent	13571
improvements for the same utility, enterprise, system, or project,	13572
development or redevelopment project, or for or devoted to the	13573
same general purpose, function, or use or for which	13574
self-supporting securities, based on the same or different sources	13575
of revenues, may be issued or for which special assessments may be	13576
levied by a single ordinance or resolution. "One purpose"	13577
includes, but is not limited to, in any case any off-street	13578
parking facilities relating to another permanent improvement, and:	13579

(1) Any number of roads, highways, streets, bridges,	13580
sidewalks, and viaducts;	13581

(2) Any number of off-street parking facilities;

13582

(3) In the case of a county, any number of permanent	13583
improvements for courthouse, jail, county offices, and other	13584
county buildings, and related facilities;	13585

(4) In the case of a school district, any number of	13586
facilities and buildings for school district purposes, and related	13587
facilities.	13588

(AA) "Outstanding," referring to securities, means securities	13589
that have been issued, delivered, and paid for, except any of the	13590
following:	13591

(1) Securities canceled upon surrender, exchange, or	13592
transfer, or upon payment or redemption;	13593

(2) Securities in replacement of which or in exchange for	13594
which other securities have been issued;	13595

(3) Securities for the payment, or redemption or purchase for	13596
cancellation prior to maturity, of which sufficient moneys or	13597
investments, in accordance with the applicable legislation or	13598
other proceedings or any applicable law, by mandatory sinking fund	13599
redemption requirements, mandatory sinking fund requirements, or	13600
otherwise, have been deposited, and credited for the purpose in a	13601
bond retirement fund or with a trustee or paying or escrow agent,	13602
whether at or prior to their maturity or redemption, and, in the	13603
case of securities to be redeemed prior to their stated maturity,	13604
notice of redemption has been given or satisfactory arrangements	13605
have been made for giving notice of that redemption, or waiver of	13606
that notice by or on behalf of the affected security holders has	13607
been filed with the subdivision or its agent for the purpose.	13608

(BB) "Paying agent" means the one or more banks, trust	13609
companies, or other financial institutions or qualified persons,	13610
including an appropriate office or officer of the subdivision,	13611
designated as a paying agent or place of payment of debt charges	13612
on the particular securities.	13613

(CC) "Permanent improvement" or "improvement" means any	13614
property, asset, or improvement certified by the fiscal officer,	13615
which certification is conclusive, as having an estimated life or	13616
period of usefulness of five years or more, and includes, but is	13617
not limited to, real estate, buildings, and personal property and	13618
interests in real estate, buildings, and personal property,	13619
equipment, furnishings, and site improvements, and reconstruction,	13620
rehabilitation, renovation, installation, improvement,	13621
enlargement, and extension of property, assets, or improvements so	13622
certified as having an estimated life or period of usefulness of	13623
five years or more. The acquisition of all the stock ownership of	13624
a corporation is the acquisition of a permanent improvement to the	13625
extent that the value of that stock is represented by permanent	13626
improvements. A permanent improvement for parking, highway, road,	13627
and street purposes includes resurfacing, but does not include	13628
ordinary repair.	13629

(DD) "Person" has the same meaning as in section 1.59 of the	13630
Revised Code and also includes any federal, state, interstate,	13631
regional, or local governmental agency, any subdivision, and any	13632
combination of those persons.	13633

(EE) "Proceedings" means the legislation, certifications,	13634
notices, orders, sale proceedings, trust agreement or indenture,	13635
mortgage, lease, lease-purchase agreement, assignment, credit	13636
enhancement facility agreements, and other agreements,	13637
instruments, and documents, as amended and supplemented, and any	13638
election proceedings, authorizing, or providing for the terms and	13639
conditions applicable to, or providing for the security or sale or	13640
award of, public obligations, and includes the provisions set	13641
forth or incorporated in those public obligations and proceedings.	13642

(FF) "Public issuer" means any of the following that is	13643
authorized by law to issue securities or enter into public	13644
obligations:	13645

(1) The state, including an agency, commission, officer,	13646
institution, board, authority, or other instrumentality of the	13647
state;	13648

(2) A taxing authority, subdivision, district, or other local	13649
public or governmental entity, and any combination or consortium,	13650
or public division, district, commission, authority, department,	13651
board, officer, or institution, thereof;	13652

(3) Any other body corporate and politic, or other public	13653
entity.	13654

(GG) "Public obligations" means both of the following:

13655

(1) Securities;

13656

(2) Obligations of a public issuer to make payments under	13657
installment sale, lease, lease purchase, or similar agreements,	13658
which obligations may bear interest or interest equivalent.	13659

(HH) "Refund" means to fund and retire outstanding	13660
securities, including advance refunding with or without payment or	13661
redemption prior to maturity.	13662

(II) "Register" means the books kept and maintained by the	13663
registrar for registration, exchange, and transfer of registered	13664
securities.	13665

(JJ) "Registrar" means the person responsible for keeping the	13666
register for the particular registered securities, designated by	13667
or pursuant to the proceedings.	13668

(KK) "Securities" means bonds, notes, certificates of	13669
indebtedness, commercial paper, and other instruments in writing,	13670
including, unless the context does not admit, anticipatory	13671
securities, issued by an issuer to evidence its obligation to	13672
repay money borrowed, or to pay interest, by, or to pay at any	13673
future time other money obligations of, the issuer of the	13674
securities, but not including public obligations described in	13675
division (GG)(2) of this section.	13676

(LL) "Self-supporting securities" means securities or	13677
portions of securities issued for the purpose of paying costs of	13678
permanent improvements to the extent that receipts of the	13679
subdivision, other than the proceeds of taxes levied by that	13680
subdivision, derived from or with respect to the improvements or	13681
the operation of the improvements being financed, or the	13682
enterprise, system, project, or category of improvements of which	13683
the improvements being financed are part, are estimated by the	13684
fiscal officer to be sufficient to pay the current expenses of	13685
that operation or of those improvements or enterprise, system,	13686
project, or categories of improvements and the debt charges	13687
payable from those receipts on securities issued for the purpose.	13688
Until such time as the improvements or increases in rates and	13689
charges have been in operation or effect for a period of at least	13690
six months, the receipts therefrom, for purposes of this	13691
definition, shall be those estimated by the fiscal officer, except	13692
that those receipts may include, without limitation, payments made	13693
and to be made to the subdivision under leases or agreements in	13694
effect at the time the estimate is made. In the case of an	13695
operation, improvements, or enterprise, system, project, or	13696
category of improvements without at least a six-month history of	13697
receipts, the estimate of receipts by the fiscal officer, other	13698
than those to be derived under leases and agreements then in	13699
effect, shall be confirmed by the taxing authority.	13700

(MM) "Subdivision" means any of the following:

13701

(1) A county, including a county that has adopted a charter	13702
under Article X, Ohio Constitution;	13703

(2) A municipal corporation, including a municipal	13704
corporation that has adopted a charter under Article XVIII, Ohio	13705
Constitution;	13706

(3) A school district;

13707

(4) A regional water and sewer district organized under	13708
Chapter 6119. of the Revised Code;	13709

(5) A joint township hospital district organized under	13710
section 513.07 of the Revised Code;	13711

(6) A joint ambulance district organized under section 505.71	13712
of the Revised Code;	13713

(7) A joint recreation district organized under division (C)	13714
of section 755.14 of the Revised Code;	13715

(8) A detention facility district organized under section	13716
2152.41, a district organized under section 2151.65, or a combined	13717
district organized under sections 2152.41 and 2151.65 of the	13718
Revised Code;	13719

(9) A township police district organized under section 505.48	13720
of the Revised Code;	13721

(10) A township;

13722

(11) A joint fire district organized under section 505.371 of	13723
the Revised Code;	13724

(12) A county library district created under section 3375.19	13725
or a regional library district created under section 3375.28 of	13726
the Revised Code;	13727

(13) A joint solid waste management district organized under	13728
section 343.01 or 343.012 of the Revised Code;	13729

(14) A joint emergency medical services district organized	13730
under section 307.052 of the Revised Code;	13731

(15) A fire and ambulance district organized under section	13732
505.375 of the Revised Code;	13733

(16) A fire district organized under division (C) of section	13734
505.37 of the Revised Code;	13735

(17) A joint police district organized under section 505.482	13736
of the Revised Code;	13737

(18) A lake facilities authority created under Chapter 353.	13738
of the Revised Code;	13739

(19) Any other political subdivision or taxing district or	13740
other local public body or agency authorized by this chapter or	13741
other laws to issue Chapter 133. securities.	13742

(NN) "Taxing authority" means in the case of the following	13743
subdivisions:	13744

(1) A county, a county library district, or a regional	13745
library district, the board or boards of county commissioners, or	13746
other legislative authority of a county that has adopted a charter	13747
under Article X, Ohio Constitution, but with respect to such a	13748
library district acting solely as agent for the board of trustees	13749
of that district;	13750

(2) A municipal corporation, the legislative authority;

13751

(3) A school district, the board of education;

13752

(4) A regional water and sewer district, a joint ambulance	13753
district, a joint recreation district, a fire and ambulance	13754
district, or a joint fire district, the board of trustees of the	13755
district;	13756

(5) A joint township hospital district, the joint township	13757
hospital board;	13758

(6) A detention facility district or a district organized	13759
under section 2151.65 of the Revised Code, a combined district	13760
organized under sections 2152.41 and 2151.65 of the Revised Code,	13761
or a joint emergency medical services district, the joint board of	13762
county commissioners;	13763

(7) A township, a fire district organized under division (C)	13764
of section 505.37 of the Revised Code, or a township police	13765
district, the board of township trustees;	13766

(8) A joint solid waste management district organized under	13767
section 343.01 or 343.012 of the Revised Code, the board of	13768
directors of the district;	13769

(9) A subdivision described in division (MM)~~(18)~~(19) of this	13770
section, the legislative or governing body or official;	13771

(10) A joint police district, the joint police district	13772
board;	13773

(11) A lake facilities authority, the board of directors.

13774

(OO) "Tax limitation" means the "ten-mill limitation" as	13775
defined in section 5705.02 of the Revised Code without diminution	13776
by reason of section 5705.313 of the Revised Code or otherwise,	13777
or, in the case of a municipal corporation or county with a	13778
different charter limitation on property taxes levied to pay debt	13779
charges on unvoted securities, that charter limitation. Those	13780
limitations shall be respectively referred to as the "ten-mill	13781
limitation" and the "charter tax limitation."	13782

(PP) "Tax valuation" means the aggregate of the valuations of	13783
property subject to ad valorem property taxation by the	13784
subdivision on the real property, personal property, and public	13785
utility property tax lists and duplicates most recently certified	13786
for collection, and shall be calculated without deductions of the	13787
valuations of otherwise taxable property exempt in whole or in	13788
part from taxation by reason of exemptions of certain amounts of	13789
taxable value under division (C) of section 5709.01, tax	13790
reductions under section 323.152 of the Revised Code, or similar	13791
laws now or in the future in effect.	13792

For purposes of section 133.06 of the Revised Code, "tax	13793
valuation" shall not include the valuation of tangible personal	13794
property used in business, telephone or telegraph property,	13795
interexchange telecommunications company property, or personal	13796
property owned or leased by a railroad company and used in	13797
railroad operations listed under or described in section 5711.22,	13798
division (B) or (F) of section 5727.111, or section 5727.12 of the	13799
Revised Code.	13800

(QQ) "Year" means the calendar year.

13801

(RR) "Administrative agent," "agent," "commercial paper,"	13802
"floating rate interest structure," "indexing agent," "interest	13803
rate hedge," "interest rate period," "put arrangement," and	13804
"remarketing agent" have the same meanings as in section 9.98 of	13805
the Revised Code.	13806

(SS) "Sales tax supported" means obligations to the payment	13807
of debt charges on which an additional sales tax or additional	13808
sales taxes have been pledged by the taxing authority of a county	13809
pursuant to section 133.081 of the Revised Code.	13810

Sec. 133.06. (A) A school district shall not incur, without	13811
a vote of the electors, net indebtedness that exceeds an amount	13812
equal to one-tenth of one per cent of its tax valuation, except as	13813
provided in divisions (G) and (H) of this section and in division	13814
(C) of section 3313.372 of the Revised Code, or as prescribed in	13815
section 3318.052 or 3318.44 of the Revised Code, or as provided in	13816
division (J) of this section.	13817

(B) Except as provided in divisions (E), (F), and (I) of this	13818
section, a school district shall not incur net indebtedness that	13819
exceeds an amount equal to nine per cent of its tax valuation.	13820

(C) A school district shall not submit to a vote of the	13821
electors the question of the issuance of securities in an amount	13822
that will make the district's net indebtedness after the issuance	13823
of the securities exceed an amount equal to four per cent of its	13824
tax valuation, unless the superintendent of public instruction,	13825
acting under policies adopted by the state board of education, and	13826
the tax commissioner, acting under written policies of the	13827
commissioner, consent to the submission. A request for the	13828
consents shall be made at least one hundred twenty days prior to	13829
the election at which the question is to be submitted.	13830

The superintendent of public instruction shall certify to the	13831
district the superintendent's and the tax commissioner's decisions	13832
within thirty days after receipt of the request for consents.	13833

If the electors do not approve the issuance of securities at	13834
the election for which the superintendent of public instruction	13835
and tax commissioner consented to the submission of the question,	13836
the school district may submit the same question to the electors	13837
on the date that the next special election may be held under	13838
section 3501.01 of the Revised Code without submitting a new	13839
request for consent. If the school district seeks to submit the	13840
same question at any other subsequent election, the district shall	13841
first submit a new request for consent in accordance with this	13842
division.	13843

(D) In calculating the net indebtedness of a school district,	13844
none of the following shall be considered:	13845

(1) Securities issued to acquire school buses and other	13846
equipment used in transporting pupils or issued pursuant to	13847
division (D) of section 133.10 of the Revised Code;	13848

(2) Securities issued under division (F) of this section,	13849
under section 133.301 of the Revised Code, and, to the extent in	13850
excess of the limitation stated in division (B) of this section,	13851
under division (E) of this section;	13852

(3) Indebtedness resulting from the dissolution of a joint	13853
vocational school district under section 3311.217 of the Revised	13854
Code, evidenced by outstanding securities of that joint vocational	13855
school district;	13856

(4) Loans, evidenced by any securities, received under	13857
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	13858
Revised Code;	13859

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

13860

(6) Debt incurred pursuant to division (B)(5) of section	13861
3313.37 of the Revised Code to acquire computers and related	13862
hardware;	13863

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

13864

(E) A school district may become a special needs district as	13865
to certain securities as provided in division (E) of this section.	13866

(1) A board of education, by resolution, may declare its	13867
school district to be a special needs district by determining both	13868
of the following:	13869

(a) The student population is not being adequately serviced	13870
by the existing permanent improvements of the district.	13871

(b) The district cannot obtain sufficient funds by the	13872
issuance of securities within the limitation of division (B) of	13873
this section to provide additional or improved needed permanent	13874
improvements in time to meet the needs.	13875

(2) The board of education shall certify a copy of that	13876
resolution to the superintendent of public instruction with a	13877
statistical report showing all of the following:	13878

(a) The history of and a projection of the growth of the tax	13879
valuation;	13880

(b) The projected needs;

13881

(c) The estimated cost of permanent improvements proposed to	13882
meet such projected needs.	13883

(3) The superintendent of public instruction shall certify	13884
the district as an approved special needs district if the	13885
superintendent finds both of the following:	13886

(a) The district does not have available sufficient	13887
additional funds from state or federal sources to meet the	13888
projected needs.	13889

(b) The projection of the potential average growth of tax	13890
valuation during the next five years, according to the information	13891
certified to the superintendent and any other information the	13892
superintendent obtains, indicates a likelihood of potential	13893
average growth of tax valuation of the district during the next	13894
five years of an average of not less than one and one-half per	13895
cent per year. The findings and certification of the	13896
superintendent shall be conclusive.	13897

(4) An approved special needs district may incur net	13898
indebtedness by the issuance of securities in accordance with the	13899
provisions of this chapter in an amount that does not exceed an	13900
amount equal to the greater of the following:	13901

(a) Twelve per cent of the sum of its tax valuation plus an	13902
amount that is the product of multiplying that tax valuation by	13903
the percentage by which the tax valuation has increased over the	13904
tax valuation on the first day of the sixtieth month preceding the	13905
month in which its board determines to submit to the electors the	13906
question of issuing the proposed securities;	13907

(b) Twelve per cent of the sum of its tax valuation plus an	13908
amount that is the product of multiplying that tax valuation by	13909
the percentage, determined by the superintendent of public	13910
instruction, by which that tax valuation is projected to increase	13911
during the next ten years.	13912

(F) A school district may issue securities for emergency	13913
purposes, in a principal amount that does not exceed an amount	13914
equal to three per cent of its tax valuation, as provided in this	13915
division.	13916

(1) A board of education, by resolution, may declare an	13917
emergency if it determines both of the following:	13918

(a) School buildings or other necessary school facilities in	13919
the district have been wholly or partially destroyed, or condemned	13920
by a constituted public authority, or that such buildings or	13921
facilities are partially constructed, or so constructed or planned	13922
as to require additions and improvements to them before the	13923
buildings or facilities are usable for their intended purpose, or	13924
that corrections to permanent improvements are necessary to remove	13925
or prevent health or safety hazards.	13926

(b) Existing fiscal and net indebtedness limitations make	13927
adequate replacement, additions, or improvements impossible.	13928

(2) Upon the declaration of an emergency, the board of	13929
education may, by resolution, submit to the electors of the	13930
district pursuant to section 133.18 of the Revised Code the	13931
question of issuing securities for the purpose of paying the cost,	13932
in excess of any insurance or condemnation proceeds received by	13933
the district, of permanent improvements to respond to the	13934
emergency need.	13935

(3) The procedures for the election shall be as provided in	13936
section 133.18 of the Revised Code, except that:	13937

(a) The form of the ballot shall describe the emergency	13938
existing, refer to this division as the authority under which the	13939
emergency is declared, and state that the amount of the proposed	13940
securities exceeds the limitations prescribed by division (B) of	13941
this section;	13942

(b) The resolution required by division (B) of section 133.18	13943
of the Revised Code shall be certified to the county auditor and	13944
the board of elections at least one hundred days prior to the	13945
election;	13946

(c) The county auditor shall advise and, not later than	13947
ninety-five days before the election, confirm that advice by	13948
certification to, the board of education of the information	13949
required by division (C) of section 133.18 of the Revised Code;	13950

(d) The board of education shall then certify its resolution	13951
and the information required by division (D) of section 133.18 of	13952
the Revised Code to the board of elections not less than ninety	13953
days prior to the election.	13954

(4) Notwithstanding division (B) of section 133.21 of the	13955
Revised Code, the first principal payment of securities issued	13956
under this division may be set at any date not later than sixty	13957
months after the earliest possible principal payment otherwise	13958
provided for in that division.	13959

(G)(1) The board of education may contract with an architect,	13960
professional engineer, or other person experienced in the design	13961
and implementation of energy conservation measures for an analysis	13962
and recommendations pertaining to installations, modifications of	13963
installations, or remodeling that would significantly reduce	13964
energy consumption in buildings owned by the district. The report	13965
shall include estimates of all costs of such installations,	13966
modifications, or remodeling, including costs of design,	13967
engineering, installation, maintenance, repairs, and debt service,	13968
forgone residual value of materials or equipment replaced by the	13969
energy conservation measure, as defined by the Ohio school	13970
facilities commission, a baseline analysis of actual energy	13971
consumption data for the preceding three years with the utility	13972
baseline based on only the actual energy consumption data for the	13973
preceding twelve months, and estimates of the amounts by which	13974
energy consumption and resultant operational and maintenance	13975
costs, as defined by the commission, would be reduced.	13976

If the board finds after receiving the report that the amount	13977
of money the district would spend on such installations,	13978
modifications, or remodeling is not likely to exceed the amount of	13979
money it would save in energy and resultant operational and	13980
maintenance costs over the ensuing fifteen years, the board may	13981
submit to the commission a copy of its findings and a request for	13982
approval to incur indebtedness to finance the making or	13983
modification of installations or the remodeling of buildings for	13984
the purpose of significantly reducing energy consumption.	13985

~~If the commission determines that the board's findings are~~	13986
~~reasonable, it~~The school facilities commission, in consultation	13987
with the auditor of state, may deny a request under this division	13988
by the board of education any school district is in a state of	13989
fiscal watch pursuant to division (A) of section 3316.03 of the	13990
Revised Code, if it determines that the expenditure of funds is	13991
not in the best interest of the school district.	13992

No district board of education of a school district that is	13993
in a state of fiscal emergency pursuant to division (B) of section	13994
3316.03 of the Revised Code shall submit a request without	13995
submitting evidence that the installations, modifications, or	13996
remodeling have been approved by the district's financial planning	13997
and supervision commission established under section 3316.05 of	13998
the Revised Code.	13999

No board of education of a school district that, for three or	14000
more consecutive years, has been declared to be in a state of	14001
academic emergency under section 3302.03 of the Revised Code, as	14002
that section existed prior to March 22, 2013, and has failed to	14003
meet adequate yearly progress, or has met any condition set forth	14004
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	14005
Code shall submit a request without first receiving approval to	14006
incur indebtedness from the district's academic distress	14007
commission established under that section, for so long as such	14008
commission continues to be required for the district.	14009

(2) The school facilities commission shall approve the	14010
board's request~~. Upon~~provided that the following conditions are	14011
satisfied:	14012

(a) The commission determines that the board's findings are	14013
reasonable.	14014

(b) The request for approval is complete.

14015

(c) The installations, modifications, or remodeling are	14016
consistent with any project to construct or acquire classroom	14017
facilities, or to reconstruct or make additions to existing	14018
classroom facilities under sections 3318.01 to 3318.20 or sections	14019
3318.40 to 3318.45 of the Revised Code.	14020

Upon receipt of the commission's approval, the district may	14021
issue securities without a vote of the electors in a principal	14022
amount not to exceed nine-tenths of one per cent of its tax	14023
valuation for the purpose of making such installations,	14024
modifications, or remodeling, but the total net indebtedness of	14025
the district without a vote of the electors incurred under this	14026
and all other sections of the Revised Code, except section	14027
3318.052 of the Revised Code, shall not exceed one per cent of the	14028
district's tax valuation.	14029

(3) So long as any securities issued under ~~division (G) of~~	14030
this ~~section~~division remain outstanding, the board of education	14031
shall monitor the energy consumption and resultant operational and	14032
maintenance costs of buildings in which installations or	14033
modifications have been made or remodeling has been done pursuant	14034
to ~~division (G) of~~ this ~~section~~division and shall maintain and	14035
annually update a report documenting the reductions in energy	14036
consumption and resultant operational and maintenance cost savings	14037
attributable to such installations, modifications, or remodeling.	14038
The report shall be certified by an architect or engineer	14039
independent of any person that provided goods or services to the	14040
board in connection with the energy conservation measures that are	14041
the subject of the report. The resultant operational and	14042
maintenance cost savings shall be certified by the school district	14043
treasurer. The report shall be submitted annually to the	14044
commission.	14045

(H) With the consent of the superintendent of public	14046
instruction, a school district may incur without a vote of the	14047
electors net indebtedness that exceeds the amounts stated in	14048
divisions (A) and (G) of this section for the purpose of paying	14049
costs of permanent improvements, if and to the extent that both of	14050
the following conditions are satisfied:	14051

(1) The fiscal officer of the school district estimates that	14052
receipts of the school district from payments made under or	14053
pursuant to agreements entered into pursuant to section 725.02,	14054
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	14055
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	14056
Code, or distributions under division (C) of section 5709.43 of	14057
the Revised Code, or any combination thereof, are, after	14058
accounting for any appropriate coverage requirements, sufficient	14059
in time and amount, and are committed by the proceedings, to pay	14060
the debt charges on the securities issued to evidence that	14061
indebtedness and payable from those receipts, and the taxing	14062
authority of the district confirms the fiscal officer's estimate,	14063
which confirmation is approved by the superintendent of public	14064
instruction;	14065

(2) The fiscal officer of the school district certifies, and	14066
the taxing authority of the district confirms, that the district,	14067
at the time of the certification and confirmation, reasonably	14068
expects to have sufficient revenue available for the purpose of	14069
operating such permanent improvements for their intended purpose	14070
upon acquisition or completion thereof, and the superintendent of	14071
public instruction approves the taxing authority's confirmation.	14072

The maximum maturity of securities issued under division (H)	14073
of this section shall be the lesser of twenty years or the maximum	14074
maturity calculated under section 133.20 of the Revised Code.	14075

(I) A school district may incur net indebtedness by the	14076
issuance of securities in accordance with the provisions of this	14077
chapter in excess of the limit specified in division (B) or (C) of	14078
this section when necessary to raise the school district portion	14079
of the basic project cost and any additional funds necessary to	14080
participate in a project under Chapter 3318. of the Revised Code,	14081
including the cost of items designated by the Ohio school	14082
facilities commission as required locally funded initiatives, the	14083
cost of other locally funded initiatives in an amount that does	14084
not exceed fifty per cent of the district's portion of the basic	14085
project cost, and the cost for site acquisition. The school	14086
facilities commission shall notify the superintendent of public	14087
instruction whenever a school district will exceed either limit	14088
pursuant to this division.	14089

(J) A school district whose portion of the basic project cost	14090
of its classroom facilities project under sections 3318.01 to	14091
3318.20 of the Revised Code is greater than or equal to one	14092
hundred million dollars may incur without a vote of the electors	14093
net indebtedness in an amount up to two per cent of its tax	14094
valuation through the issuance of general obligation securities in	14095
order to generate all or part of the amount of its portion of the	14096
basic project cost if the controlling board has approved the	14097
school facilities commission's conditional approval of the project	14098
under section 3318.04 of the Revised Code. The school district	14099
board and the Ohio school facilities commission shall include the	14100
dedication of the proceeds of such securities in the agreement	14101
entered into under section 3318.08 of the Revised Code. No state	14102
moneys shall be released for a project to which this section	14103
applies until the proceeds of any bonds issued under this section	14104
that are dedicated for the payment of the school district portion	14105
of the project are first deposited into the school district's	14106
project construction fund.	14107

Sec. 135.143. (A) The treasurer of state may invest or	14108
execute transactions for any part or all of the interim funds of	14109
the state in the following classifications of obligations:	14110

(1) United States treasury bills, notes, bonds, or any other	14111
obligations or securities issued by the United States treasury or	14112
any other obligation guaranteed as to principal and interest by	14113
the United States;	14114

(2) Bonds, notes, debentures, or any other obligations or	14115
securities issued by any federal government agency or	14116
instrumentality;	14117

(3)(a) Bonds ~~and other direct~~, notes, and other obligations	14118
of the state of Ohio issued by the treasurer of state ~~and of~~, the	14119
Ohio public facilities commission, the Ohio building authority,	14120
~~and~~ the Ohio housing finance agency, the Ohio water development	14121
authority, and the Ohio turnpike and infrastructure commission;	14122

(b) Bonds, notes, and other obligations of any state or	14123
political subdivision thereof rated at the time of purchase in the	14124
three highest categories by two nationally recognized rating	14125
agencies and purchased through a recognized securities dealer.	14126

(4)(a) Written repurchase agreements with any eligible Ohio	14127
financial institution that is a member of the federal reserve	14128
system or federal home loan bank or any recognized United States	14129
government securities dealer that is recognized as a primary	14130
dealer by the federal reserve bank of New York, under the terms of	14131
which agreement the treasurer of state purchases and the eligible	14132
financial institution or dealer agrees unconditionally to	14133
repurchase any of the securities that are listed in division	14134
(A)(1), (2), or (6) of this section and that will mature or are	14135
redeemable within ten years from the date of purchase. The market	14136
value of securities subject to these transactions must exceed the	14137
principal value of the repurchase agreement by an amount specified	14138
by the treasurer of state, and the securities must be delivered	14139
into the custody of the treasurer of state or the qualified	14140
trustee or agent designated by the treasurer of state. The	14141
agreement shall contain the requirement that for each transaction	14142
pursuant to the agreement, the participating institution or dealer	14143
shall provide all of the following information:	14144

(i) The par value of the securities;

14145

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

14146

(iii) A numerical identifier generally accepted in the	14147
securities industry that designates the securities.	14148

(b) The treasurer of state also may sell any securities,	14149
listed in division (A)(1), (2), or (6) of this section, regardless	14150
of maturity or time of redemption of the securities, under the	14151
same terms and conditions for repurchase, provided that the	14152
securities have been fully paid for and are owned by the treasurer	14153
of state at the time of the sale.	14154

(5) Securities lending agreements with any eligible financial	14155
institution that is a member of the federal reserve system or	14156
federal home loan bank or any recognized United States government	14157
securities dealer, under the terms of which agreements the	14158
treasurer of state lends securities and the eligible financial	14159
institution or dealer agrees to simultaneously exchange similar	14160
securities or cash, equal value for equal value.	14161

Securities and cash received as collateral for a securities	14162
lending agreement are not interim funds of the state. The	14163
investment of cash collateral received pursuant to a securities	14164
lending agreement may be invested only in such instruments	14165
specified by the treasurer of state in accordance with a written	14166
investment policy.	14167

(6) Various forms of commercial paper issued by any	14168
~~corporation~~entity that is ~~incorporated~~organized under the laws	14169
of the United States or a state, which notes are rated at the time	14170
of purchase in the two highest categories by two nationally	14171
recognized rating agencies, provided that the total amount	14172
invested under this section in any commercial paper at any time	14173
shall not exceed ~~twenty-five~~forty per cent of the state's total	14174
average portfolio, as determined and calculated by the treasurer	14175
of state;	14176

(7) Bankers acceptances, maturing in two hundred seventy days	14177
or less, ~~which are eligible for purchase by the federal reserve~~	14178
~~system,~~ provided that the total amount invested in bankers	14179
acceptances at any time shall not exceed ten per cent of the	14180
state's total average portfolio, as determined and calculated by	14181
the treasurer of state;	14182

(8) Certificates of deposit in eligible institutions applying	14183
for interim moneys as provided in section 135.08 of the Revised	14184
Code, including linked deposits as provided in sections 135.61 to	14185
135.67 of the Revised Code, agricultural linked deposits as	14186
provided in sections 135.71 to 135.76 of the Revised Code, and	14187
housing linked deposits as provided in sections 135.81 to 135.87	14188
of the Revised Code;	14189

(9) The state treasurer's investment pool authorized under	14190
section 135.45 of the Revised Code;	14191

(10) Debt interests, other than commercial paper described in	14192
division (A)(6) of this section, rated at the time of purchase in	14193
the three highest categories by two nationally recognized rating	14194
agencies and issued by ~~corporations~~entities that are ~~incorporated~~	14195
organized under the laws of the United States or a state, or	14196
issued by foreign nations diplomatically recognized by the United	14197
States government, or any instrument based on, derived from, or	14198
related to such interests, provided that:	14199

(a) The investments in debt interests, other than commercial	14200
paper, shall not exceed in the aggregate twenty-five per cent of	14201
the state's portfolio;	14202

(b) The investments in debt interests issued by foreign	14203
nations shall not exceed in the aggregate one per cent of the	14204
state's portfolio;	14205

(c) ~~The~~When added to the investment in commercial paper, the	14206
investments in the debt interests of a single issuer shall not	14207
exceed in the aggregate ~~one-half of one~~five per cent of the	14208
state's portfolio~~, except that debt interests of a single issuer~~	14209
~~that is a foreign nation shall not exceed in the aggregate one per~~	14210
~~cent of the state's portfolio~~.	14211

The treasurer of state shall invest under division (A)(10) of	14212
this section in a debt interest issued by a foreign nation only if	14213
the debt interest is backed by the full faith and credit of that	14214
foreign nation, and provided that all interest and principal shall	14215
be denominated and payable in United States funds.	14216

For purposes of division (A)(10) of this section, a debt	14217
interest is rated in the three highest categories by two	14218
nationally recognized rating agencies if either the debt interest	14219
itself or the issuer of the debt interest is rated, or is	14220
implicitly rated, at the time of purchase in the three highest	14221
categories by two nationally recognized rating agencies.	14222

For purposes of division (A)(10) of this section, the	14223
"state's portfolio" means the state's total average portfolio, as	14224
determined and calculated by the treasurer of state.	14225

(11) No-load money market mutual funds ~~consisting exclusively~~	14226
~~of obligations described in division (A)(1), (2), or (6) of this~~	14227
~~section and repurchase agreements secured by such obligations~~	14228
rated at the time of purchase in the highest category by at least	14229
one nationally recognized rating agency.	14230

(12) Obligations of a political subdivision issued under	14231
Chapter 133. of the Revised Code and identified in an agreement	14232
described in division (G) of this section.	14233

(B) Whenever, during a period of designation, the treasurer	14234
of state classifies public moneys as interim moneys, the treasurer	14235
of state shall notify the state board of deposit of such action.	14236
The notification shall be given within thirty days after such	14237
classification and, in the event the state board of deposit does	14238
not concur in such classification or in the investments or	14239
deposits made under this section, the board may order the	14240
treasurer of state to sell or liquidate any of the investments or	14241
deposits, and any such order shall specifically describe the	14242
investments or deposits and fix the date upon which they are to be	14243
sold or liquidated. Investments or deposits so ordered to be sold	14244
or liquidated shall be sold or liquidated for cash by the	14245
treasurer of state on the date fixed in such order at the then	14246
current market price. Neither the treasurer of state nor the	14247
members of the state board of deposit shall be held accountable	14248
for any loss occasioned by sales or liquidations of investments or	14249
deposits at prices lower than their cost. Any loss or expense	14250
incurred in making these sales or liquidations is payable as other	14251
expenses of the treasurer's office.	14252

(C) If any securities or obligations invested in by the	14253
treasurer of state pursuant to this section are registrable either	14254
as to principal or interest, or both, such securities or	14255
obligations shall be registered in the name of the treasurer of	14256
state.	14257

(D) The treasurer of state is responsible for the safekeeping	14258
of all securities or obligations under this section. Any such	14259
securities or obligations may be deposited for safekeeping as	14260
provided in section 113.05 of the Revised Code.	14261

(E) Interest earned on any investments or deposits authorized	14262
by this section shall be collected by the treasurer of state and	14263
credited by the treasurer of state to the proper fund of the	14264
state.	14265

(F) Whenever investments or deposits acquired under this	14266
section mature and become due and payable, the treasurer of state	14267
shall present them for payment according to their tenor, and shall	14268
collect the moneys payable thereon. The moneys so collected shall	14269
be treated as public moneys subject to sections 135.01 to 135.21	14270
of the Revised Code.	14271

(G) The treasurer of state and any political subdivision	14272
issuing obligations referred to in division (A)(12) of this	14273
section, which obligations mature within one year from the	14274
original date of issuance, may enter into an agreement providing	14275
for:	14276

(1) The purchase of those obligations by the treasurer of	14277
state on terms and subject to conditions set forth in the	14278
agreement;	14279

(2) The payment by the political subdivision to the treasurer	14280
of state of a reasonable fee as consideration for the agreement of	14281
the treasurer of state to purchase those obligations; provided,	14282
however, that the treasurer of state shall not be authorized to	14283
enter into any such agreement with a board of education of a	14284
school district that has an outstanding obligation with respect to	14285
a loan received under authority of section 3313.483 of the Revised	14286
Code.	14287

(H) For purposes of division (G) of this section, a fee shall	14288
not be considered reasonable unless it is set to recover only the	14289
direct costs, a reasonable estimate of the indirect costs	14290
associated with the purchasing of obligations of a political	14291
subdivision under division (G) of this section and any reselling	14292
of the obligations or any interest in the obligations, including	14293
interests in a fund comprised of the obligations, and the	14294
administration thereof. No money from the general revenue fund	14295
shall be used to subsidize the purchase or resale of these	14296
obligations.	14297

(I) All money collected by the treasurer of state from the	14298
fee imposed by division (G) of this section shall be deposited to	14299
the credit of the state political subdivision obligations fund,	14300
which is hereby created in the state treasury. Money credited to	14301
the fund shall be used solely to pay the treasurer of state's	14302
direct and indirect costs associated with purchasing and reselling	14303
obligations of a political subdivision under division (G) of this	14304
section.	14305

(J) As used in this section, "political subdivision" means a	14306
county, township, municipal corporation, or ~~board of education of~~	14307
a school district.	14308

Sec. 135.22. (A) For purposes of this section:

14309

(1) "Treasurer" has the same meaning as in section 135.01 of	14310
the Revised Code, but does not include a county treasurer or the	14311
treasurer of state. "Treasurer" includes any person whose duties	14312
include making investment decisions with respect to the investment	14313
or deposit of interim moneys.	14314

(2) "Subdivision" has the same meaning as in section 135.01	14315
of the Revised Code.	14316

(B) To enhance the background and working knowledge of	14317
treasurers in investments, cash management, ~~and~~the collection of	14318
taxes, ethics, and in any other subject area that the treasurer of	14319
state determines is reasonably related to the duties of a	14320
treasurer, the treasurer of state shall provide annual continuing	14321
education programs for treasurers. A treasurer annually shall	14322
complete the continuing education programs described in this	14323
section, unless the treasurer annually provides a notice of	14324
exemption described in division (E) of this section.	14325

(C) The treasurer of state shall determine the manner,	14326
content, and length of the continuing education programs after	14327
consultation with appropriate statewide organizations of local	14328
government officials.	14329

(D) Upon successful completion of a continuing education	14330
program required by this section, the treasurer of state shall	14331
issue a certificate indicating that the treasurer has successfully	14332
completed the continuing education program prescribed by the	14333
treasurer of state. The treasurer of state shall forward to the	14334
auditor of state any certificates issued pursuant to this division	14335
by the treasurer of state. The auditor of state shall maintain in	14336
the auditor's records any certificates forwarded by the treasurer	14337
of state pursuant to this division. As part of the auditor of	14338
state's audit of the subdivision conducted in accordance with	14339
section 117.11 of the Revised Code, the auditor of state shall	14340
report whether the treasurer is in compliance with this section of	14341
the Revised Code.	14342

(E) Division (B) of this section does not apply to any	14343
treasurer who annually provides a notice of exemption to the	14344
auditor of state. The notice shall be certified by the treasurer	14345
of state and shall provide that the treasurer is not subject to	14346
the continuing education requirements set forth in division (B) of	14347
this section, because the treasurer invests or deposits public	14348
moneys in the following investments only:	14349

(1) Interim deposits pursuant to division (B)(3) of section	14350
135.14 or section 135.145 of the Revised Code;	14351

(2) No-load money market mutual funds pursuant to division	14352
(B)(5) of section 135.14 of the Revised Code;	14353

(3) The Ohio subdivision's fund pursuant to division (B)(6)	14354
of section 135.14 of the Revised Code.	14355

(F) In carrying out the duties required by this section, the	14356
treasurer of state may charge the subdivision served by the	14357
treasurer a registration fee that will meet actual and necessary	14358
expenses in connection with the training of the treasurer,	14359
including instruction fees, site acquisition costs, and the cost	14360
of course materials. Any necessary personal expenses of a	14361
treasurer incurred as a result of attending the continuing	14362
education courses shall be borne by the subdivision represented by	14363
the treasurer.	14364

(G) The treasurer of state may allow any other interested	14365
person to attend any of the continuing education programs that are	14366
held pursuant to this section, provided that before attending any	14367
such continuing education program, the interested person has paid	14368
to the treasurer of state the full registration fee set for the	14369
continuing education program.	14370

(H) All funds collected pursuant to this section shall be	14371
paid into the county treasurer education fund created pursuant to	14372
section 321.46 of the Revised Code, and the actual and necessary	14373
expenses of the treasurer of state in conducting the continuing	14374
education programs required by this section shall be paid from	14375
this fund.	14376

(I) The treasurer of state may adopt reasonable rules not	14377
inconsistent with this section for the implementation of this	14378
section.	14379

Sec. 135.35. (A) The investing authority shall deposit or	14380
invest any part or all of the county's inactive moneys and shall	14381
invest all of the money in the county public library fund when	14382
required by section 135.352 of the Revised Code. The following	14383
classifications of securities and obligations are eligible for	14384
such deposit or investment:	14385

(1) United States treasury bills, notes, bonds, or any other	14386
obligation or security issued by the United States treasury, any	14387
other obligation guaranteed as to principal or interest by the	14388
United States, or any book entry, zero-coupon United States	14389
treasury security that is a direct obligation of the United	14390
States.	14391

Nothing in the classification of eligible securities and	14392
obligations set forth in divisions (A)(2) to (11) of this section	14393
shall be construed to authorize any investment in stripped	14394
principal or interest obligations of such eligible securities and	14395
obligations.	14396

(2) Bonds, notes, debentures, or any other obligations or	14397
securities issued by any federal government agency or	14398
instrumentality, including, but not limited to, the federal	14399
national mortgage association, federal home loan bank, federal	14400
farm credit bank, federal home loan mortgage corporation,	14401
government national mortgage association, and student loan	14402
marketing association. All federal agency securities shall be	14403
direct issuances of federal government agencies or	14404
instrumentalities.	14405

(3) Time certificates of deposit or savings or deposit	14406
accounts, including, but not limited to, passbook accounts, in any	14407
eligible institution mentioned in section 135.32 of the Revised	14408
Code;	14409

(4) Bonds and other obligations of this state or the	14410
political subdivisions of this state;	14411

(5) No-load money market mutual funds consisting exclusively	14412
of obligations described in division (A)(1) or (2) of this section	14413
and repurchase agreements secured by such obligations, provided	14414
that investments in securities described in this division are made	14415
only through eligible institutions mentioned in section 135.32 of	14416
the Revised Code;	14417

(6) The Ohio subdivision's fund as provided in section 135.45	14418
of the Revised Code;	14419

(7) Securities lending agreements with any eligible	14420
institution mentioned in section 135.32 of the Revised Code that	14421
is a member of the federal reserve system or federal home loan	14422
bank or with any recognized United States government securities	14423
dealer meeting the description in division (J)(1) of this section,	14424
under the terms of which agreements the investing authority lends	14425
securities and the eligible institution or dealer agrees to	14426
simultaneously exchange similar securities or cash, equal value	14427
for equal value.	14428

Securities and cash received as collateral for a securities	14429
lending agreement are not inactive moneys of the county or moneys	14430
of a county public library fund. The investment of cash collateral	14431
received pursuant to a securities lending agreement may be	14432
invested only in instruments specified by the investing authority	14433
in the written investment policy described in division (K) of this	14434
section.	14435

(8) Up to twenty-five per cent of the county's total average	14436
portfolio in either of the following investments:	14437

(a) Commercial paper notes issued by an entity that is	14438
defined in division (D) of section 1705.01 of the Revised Code and	14439
that has assets exceeding five hundred million dollars, to which	14440
notes all of the following apply:	14441

(i) The notes are rated at the time of purchase in the	14442
highest classification established by at least two nationally	14443
recognized standard rating services.	14444

(ii) The aggregate value of the notes does not exceed ten per	14445
cent of the aggregate value of the outstanding commercial paper of	14446
the issuing corporation.	14447

(iii) The notes mature not later than two hundred seventy	14448
days after purchase.	14449

(b) Bankers acceptances of banks that are insured by the	14450
federal deposit insurance corporation and to which both of the	14451
following apply:	14452

(i) The obligations are eligible for purchase by the federal	14453
reserve system.	14454

(ii) The obligations mature not later than one hundred eighty	14455
days after purchase.	14456

No investment shall be made pursuant to division (A)(8) of	14457
this section unless the investing authority has completed	14458
additional training for making the investments authorized by	14459
division (A)(8) of this section. The type and amount of additional	14460
training shall be approved by the auditor of state and may be	14461
conducted by or provided under the supervision of the auditor of	14462
state.	14463

(9) Up to fifteen per cent of the county's total average	14464
portfolio in notes issued by corporations that are incorporated	14465
under the laws of the United States and that are operating within	14466
the United States, or by depository institutions that are doing	14467
business under authority granted by the United States or any state	14468
and that are operating within the United States, provided both of	14469
the following apply:	14470

(a) The notes are rated in the second highest or higher	14471
category by at least two nationally recognized standard rating	14472
services at the time of purchase.	14473

(b) The notes mature not later than two years after purchase.

14474

(10) No-load money market mutual funds rated in the highest	14475
category at the time of purchase by at least one nationally	14476
recognized standard rating service and consisting exclusively of	14477
obligations described in division (A)(1), (2), or (6) of section	14478
135.143 of the Revised Code;	14479

(11) Debt interests rated at the time of purchase in the	14480
three highest categories by two nationally recognized standard	14481
rating services and issued by foreign nations diplomatically	14482
recognized by the United States government. All interest and	14483
principal shall be denominated and payable in United States funds.	14484
The investments made under division (A)(11) of this section shall	14485
not exceed in the aggregate one per cent of a county's total	14486
average portfolio.	14487

The investing authority shall invest under division (A)(11)	14488
of this section in a debt interest issued by a foreign nation only	14489
if the debt interest is backed by the full faith and credit of	14490
that foreign nation, there is no prior history of default, and the	14491
debt interest matures not later than five years after purchase.	14492
For purposes of division (A)(11) of this section, a debt interest	14493
is rated in the three highest categories by two nationally	14494
recognized standard rating services if either the debt interest	14495
itself or the issuer of the debt interest is rated, or is	14496
implicitly rated, at the time of purchase in the three highest	14497
categories by two nationally recognized standard rating services.	14498

(12) A current unpaid or delinquent tax line of credit	14499
authorized under division (G) of section 135.341 of the Revised	14500
Code, provided that all of the conditions for entering into such a	14501
line of credit under that division are satisfied, or bonds and	14502
other obligations of a county land reutilization corporation	14503
organized under Chapter 1724. of the Revised Code, if the county	14504
land reutilization corporation is located wholly or partly within	14505
the same county as the investing authority.	14506

(B) Nothing in the classifications of eligible obligations	14507
and securities set forth in divisions (A)(1) to (11) of this	14508
section shall be construed to authorize investment in a	14509
derivative, and no investing authority shall invest any county	14510
inactive moneys or any moneys in a county public library fund in a	14511
derivative. For purposes of this division, "derivative" means a	14512
financial instrument or contract or obligation whose value or	14513
return is based upon or linked to another asset or index, or both,	14514
separate from the financial instrument, contract, or obligation	14515
itself. Any security, obligation, trust account, or other	14516
instrument that is created from an issue of the United States	14517
treasury or is created from an obligation of a federal agency or	14518
instrumentality or is created from both is considered a derivative	14519
instrument. An eligible investment described in this section with	14520
a variable interest rate payment, based upon a single interest	14521
payment or single index comprised of other eligible investments	14522
provided for in division (A)(1) or (2) of this section, is not a	14523
derivative, provided that such variable rate investment has a	14524
maximum maturity of two years. A treasury inflation-protected	14525
security shall not be considered a derivative, provided the	14526
security matures not later than five years after purchase.	14527

(C) Except as provided in ~~division~~divisions (D) and (O) of	14528
this section, any investment made pursuant to this section must	14529
mature within ~~five~~ten years from the date of settlement, unless	14530
the investment is matched to a specific obligation or debt of the	14531
county or to a specific obligation or debt of a political	14532
subdivision of this state, and the investment is specifically	14533
approved by the investment advisory committee.	14534

(D) The investing authority may also enter into a written	14535
repurchase agreement with any eligible institution mentioned in	14536
section 135.32 of the Revised Code or any eligible securities	14537
dealer pursuant to division (J) of this section, under the terms	14538
of which agreement the investing authority purchases and the	14539
eligible institution or dealer agrees unconditionally to	14540
repurchase any of the securities listed in divisions (B)(1) to	14541
(5), except letters of credit described in division (B)(2), of	14542
section 135.18 of the Revised Code. The market value of securities	14543
subject to an overnight written repurchase agreement must exceed	14544
the principal value of the overnight written repurchase agreement	14545
by at least two per cent. A written repurchase agreement must	14546
exceed the principal value of the overnight written repurchase	14547
agreement, by at least two per cent. A written repurchase	14548
agreement shall not exceed thirty days, and the market value of	14549
securities subject to a written repurchase agreement must exceed	14550
the principal value of the written repurchase agreement by at	14551
least two per cent and be marked to market daily. All securities	14552
purchased pursuant to this division shall be delivered into the	14553
custody of the investing authority or the qualified custodian of	14554
the investing authority or an agent designated by the investing	14555
authority. A written repurchase agreement with an eligible	14556
securities dealer shall be transacted on a delivery versus payment	14557
basis. The agreement shall contain the requirement that for each	14558
transaction pursuant to the agreement the participating	14559
institution shall provide all of the following information:	14560

(1) The par value of the securities;

14561

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

14562

(3) A numerical identifier generally accepted in the	14563
securities industry that designates the securities.	14564

No investing authority shall enter into a written repurchase	14565
agreement under the terms of which the investing authority agrees	14566
to sell securities owned by the county to a purchaser and agrees	14567
with that purchaser to unconditionally repurchase those	14568
securities.	14569

(E) No investing authority shall make an investment under	14570
this section, unless the investing authority, at the time of	14571
making the investment, reasonably expects that the investment can	14572
be held until its maturity. The investing authority's written	14573
investment policy shall specify the conditions under which an	14574
investment may be redeemed or sold prior to maturity.	14575

(F) No investing authority shall pay a county's inactive	14576
moneys or moneys of a county public library fund into a fund	14577
established by another subdivision, treasurer, governing board, or	14578
investing authority, if that fund was established by the	14579
subdivision, treasurer, governing board, or investing authority	14580
for the purpose of investing or depositing the public moneys of	14581
other subdivisions. This division does not apply to the payment of	14582
public moneys into either of the following:	14583

(1) The Ohio subdivision's fund pursuant to division (A)(6)	14584
of this section;	14585

(2) A fund created solely for the purpose of acquiring,	14586
constructing, owning, leasing, or operating municipal utilities	14587
pursuant to the authority provided under section 715.02 of the	14588
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	14589

For purposes of division (F) of this section, "subdivision"	14590
includes a county.	14591

(G) The use of leverage, in which the county uses its current	14592
investment assets as collateral for the purpose of purchasing	14593
other assets, is prohibited. The issuance of taxable notes for the	14594
purpose of arbitrage is prohibited. Contracting to sell securities	14595
not owned by the county, for the purpose of purchasing such	14596
securities on the speculation that bond prices will decline, is	14597
prohibited.	14598

(H) Any securities, certificates of deposit, deposit	14599
accounts, or any other documents evidencing deposits or	14600
investments made under authority of this section shall be issued	14601
in the name of the county with the county treasurer or investing	14602
authority as the designated payee. If any such deposits or	14603
investments are registrable either as to principal or interest, or	14604
both, they shall be registered in the name of the treasurer.	14605

(I) The investing authority shall be responsible for the	14606
safekeeping of all documents evidencing a deposit or investment	14607
acquired under this section, including, but not limited to,	14608
safekeeping receipts evidencing securities deposited with a	14609
qualified trustee, as provided in section 135.37 of the Revised	14610
Code, and documents confirming the purchase of securities under	14611
any repurchase agreement under this section shall be deposited	14612
with a qualified trustee, provided, however, that the qualified	14613
trustee shall be required to report to the investing authority,	14614
auditor of state, or an authorized outside auditor at any time	14615
upon request as to the identity, market value, and location of the	14616
document evidencing each security, and that if the participating	14617
institution is a designated depository of the county for the	14618
current period of designation, the securities that are the subject	14619
of the repurchase agreement may be delivered to the treasurer or	14620
held in trust by the participating institution on behalf of the	14621
investing authority.	14622

Upon the expiration of the term of office of an investing	14623
authority or in the event of a vacancy in the office for any	14624
reason, the officer or the officer's legal representative shall	14625
transfer and deliver to the officer's successor all documents	14626
mentioned in this division for which the officer has been	14627
responsible for safekeeping. For all such documents transferred	14628
and delivered, the officer shall be credited with, and the	14629
officer's successor shall be charged with, the amount of moneys	14630
evidenced by such documents.	14631

(J)(1) All investments, except for investments in securities	14632
described in divisions (A)(5), (6), and (12) of this section,	14633
shall be made only through a member of the national association of	14634
securities dealers, through a bank, savings bank, or savings and	14635
loan association regulated by the superintendent of financial	14636
institutions, or through an institution regulated by the	14637
comptroller of the currency, federal deposit insurance	14638
corporation, or board of governors of the federal reserve system.	14639

(2) Payment for investments shall be made only upon the	14640
delivery of securities representing such investments to the	14641
treasurer, investing authority, or qualified trustee. If the	14642
securities transferred are not represented by a certificate,	14643
payment shall be made only upon receipt of confirmation of	14644
transfer from the custodian by the treasurer, governing board, or	14645
qualified trustee.	14646

(K)(1) Except as otherwise provided in division (K)(2) of	14647
this section, no investing authority shall make an investment or	14648
deposit under this section, unless there is on file with the	14649
auditor of state a written investment policy approved by the	14650
investing authority. The policy shall require that all entities	14651
conducting investment business with the investing authority shall	14652
sign the investment policy of that investing authority. All	14653
brokers, dealers, and financial institutions, described in	14654
division (J)(1) of this section, initiating transactions with the	14655
investing authority by giving advice or making investment	14656
recommendations shall sign the investing authority's investment	14657
policy thereby acknowledging their agreement to abide by the	14658
policy's contents. All brokers, dealers, and financial	14659
institutions, described in division (J)(1) of this section,	14660
executing transactions initiated by the investing authority,	14661
having read the policy's contents, shall sign the investment	14662
policy thereby acknowledging their comprehension and receipt.	14663

(2) If a written investment policy described in division	14664
(K)(1) of this section is not filed on behalf of the county with	14665
the auditor of state, the investing authority of that county shall	14666
invest the county's inactive moneys and moneys of the county	14667
public library fund only in time certificates of deposits or	14668
savings or deposit accounts pursuant to division (A)(3) of this	14669
section, no-load money market mutual funds pursuant to division	14670
(A)(5) of this section, or the Ohio subdivision's fund pursuant to	14671
division (A)(6) of this section.	14672

(L)(1) The investing authority shall establish and maintain	14673
an inventory of all obligations and securities acquired by the	14674
investing authority pursuant to this section. The inventory shall	14675
include a description of each obligation or security, including	14676
type, cost, par value, maturity date, settlement date, and any	14677
coupon rate.	14678

(2) The investing authority shall also keep a complete record	14679
of all purchases and sales of the obligations and securities made	14680
pursuant to this section.	14681

(3) The investing authority shall maintain a monthly	14682
portfolio report and issue a copy of the monthly portfolio report	14683
describing such investments to the county investment advisory	14684
committee, detailing the current inventory of all obligations and	14685
securities, all transactions during the month that affected the	14686
inventory, any income received from the obligations and	14687
securities, and any investment expenses paid, and stating the	14688
names of any persons effecting transactions on behalf of the	14689
investing authority.	14690

(4) The monthly portfolio report shall be a public record and	14691
available for inspection under section 149.43 of the Revised Code.	14692

(5) The inventory and the monthly portfolio report shall be	14693
filed with the board of county commissioners. The monthly	14694
portfolio report also shall be filed with the treasurer of state.	14695

(M) An investing authority may enter into a written	14696
investment or deposit agreement that includes a provision under	14697
which the parties agree to submit to nonbinding arbitration to	14698
settle any controversy that may arise out of the agreement,	14699
including any controversy pertaining to losses of public moneys	14700
resulting from investment or deposit. The arbitration provision	14701
shall be set forth entirely in the agreement, and the agreement	14702
shall include a conspicuous notice to the parties that any party	14703
to the arbitration may apply to the court of common pleas of the	14704
county in which the arbitration was held for an order to vacate,	14705
modify, or correct the award. Any such party may also apply to the	14706
court for an order to change venue to a court of common pleas	14707
located more than one hundred miles from the county in which the	14708
investing authority is located.	14709

For purposes of this division, "investment or deposit	14710
agreement" means any agreement between an investing authority and	14711
a person, under which agreement the person agrees to invest,	14712
deposit, or otherwise manage, on behalf of the investing	14713
authority, a county's inactive moneys or moneys in a county public	14714
library fund, or agrees to provide investment advice to the	14715
investing authority.	14716

(N)(1) An investment held in the county portfolio on	14717
September 27, 1996, that was a legal investment under the law as	14718
it existed before September 27, 1996, may be held until maturity,	14719
or if the investment does not have a maturity date the investment	14720
may be held until five years from September 27, 1996, regardless	14721
of whether the investment would qualify as a legal investment	14722
under the terms of this section as amended.	14723

(2) An investment held in the county portfolio on ~~the~~	14724
~~effective date of this amendment~~September 10, 2012, that was a	14725
legal investment under the law as it existed before ~~the effective~~	14726
~~date of this amendment~~September 10, 2012, may be held until	14727
maturity.	14728

(O) Upon a majority affirmative vote of the county investment	14729
advisory committee in support of such action, an investment	14730
authority may invest up to twenty-five per cent of the county's	14731
total average portfolio of investments made under this section in	14732
securities and obligations that mature on a date that is more than	14733
ten years from the date of settlement.	14734

Sec. 135.61. As used in sections 135.61 to 135.67 of the	14735
Revised Code:	14736

(A) "Eligible small business" means any person, including,	14737
but not limited to a person engaged in agriculture, that has all	14738
of the following characteristics:	14739

(1) Is headquartered in this state;

14740

(2) Maintains offices and operating facilities exclusively in	14741
this state and transacts business in this state;	14742

(3) Employs fewer than one hundred fifty employees, the	14743
majority of whom are residents of this state;	14744

(4) Is organized for profit.

14745

(B) "Eligible lending institution" means a financial	14746
institution that is eligible to make commercial loans, is a public	14747
depository of state funds under section 135.03 of the Revised	14748
Code, and agrees to participate in the linked deposit program.	14749

(C) "Linked deposit" means a certificate of deposit or other	14750
financial institution instrument placed by the treasurer of state	14751
with an eligible lending institution at a rate below current	14752
market rates, as determined and calculated by the treasurer of	14753
state, provided the institution agrees to lend the value of such	14754
deposit, according to the deposit agreement provided in division	14755
(C) of section 135.65 of the Revised Code, to eligible small	14756
businesses at a rate that reflects an equal percentage rate	14757
reduction below the present borrowing rate applicable to each	14758
specific business at the time of the deposit of state funds in the	14759
institution.	14760

(D) "Other financial institution instrument" has the same	14761
meaning as in section 135.81 of the Revised Code.	14762

(E) "Loan" means a contractual agreement under which an	14763
eligible lending institution agrees to lend money in the form of	14764
an upfront lump sum, a line of credit, or any other reasonable	14765
arrangement approved by the treasurer of state.	14766

Sec. 135.71. As used in sections 135.71 to 135.76 of the	14767
Revised Code:	14768

(A) "Eligible agricultural business" means any person engaged	14769
in agriculture that has all of the following characteristics:	14770

(1) Is headquartered and domiciled in this state;

14771

(2) Maintains land or facilities for agricultural purposes in	14772
this state provided that the land or facilities within this state	14773
comprise not less than fifty-one per cent of the total of all	14774
lands or facilities maintained by the person;	14775

(3) Is organized for profit.

14776

(B) "Eligible lending institution" means a financial	14777
institution that is eligible to make commercial loans, agrees to	14778
participate in the agricultural linked deposit program, and:	14779

(1) Is a public depository of state funds under section	14780
135.03 of the Revised Code; or	14781

(2) Notwithstanding sections 135.01 to 135.21 of the Revised	14782
Code, is an institution of the farm credit system organized under	14783
the federal "Farm Credit Act of 1971," 85 Stat. 583, 12 U.S.C.A.	14784
2001, as amended.	14785

(C) "Agricultural linked deposit" means a certificate of	14786
deposit placed by the treasurer of state with an eligible lending	14787
institution under section 135.74 of the Revised Code or an	14788
investment in bonds, notes, debentures, or other obligations or	14789
securities issued by the federal farm credit bank with regard to	14790
an eligible lending institution.	14791

(D) "Loan" means a contractual agreement under which an	14792
eligible lending institution agrees to lend money in the form of	14793
an upfront lump sum, a line of credit, or any other reasonable	14794
arrangement approved by the treasurer of state.	14795

Sec. 135.80. (A) The legislative authority of a municipal	14796
corporation, by ordinance; the board of directors of a port	14797
authority or a lake facilities authority, by resolution; or the	14798
board of county commissioners, by resolution, may establish a	14799
linked deposit program authorizing the treasurer or governing	14800
board of the municipal corporation, the board of directors of the	14801
port authority or lake facilities authority, or the investing	14802
authority of the county, as created or designated by the ordinance	14803
or resolution, to place certificates of deposit at up to three per	14804
cent below market rates with an eligible lending institution	14805
applying for interim moneys as provided in section 135.08 of the	14806
Revised Code, selected to invest port authority or lake facilities	14807
authority moneys in linked deposit programs pursuant to section	14808
4582.54 or 353.15 of the Revised Code, or applying for inactive	14809
moneys as provided in section 135.32 of the Revised Code, provided	14810
the institution agrees to lend the value of such deposit to	14811
eligible borrowers at up to three per cent below the present	14812
borrowing rate applicable to each borrower. The ordinance or	14813
resolution shall include requirements and provisions that are	14814
necessary to establish the program, including, but not limited to:	14815

(1) Eligibility requirements for borrowers who may receive	14816
reduced rate loans under the program;	14817

(2) Application procedures for borrowers and institutions	14818
wishing to participate in the program;	14819

(3) Review procedures for applications and criteria for	14820
acceptance or rejection of applications for reduced rate loans;	14821

(4) Necessary agreements between the eligible lending	14822
institution and the treasurer or governing board of the municipal	14823
corporation, the board of directors of the port authority or lake	14824
facilities authority, or the investing authority of the county to	14825
carry out the purposes of the linked deposit program;	14826

(5) Annual reports regarding the operation of the program to	14827
be made by the treasurer or governing board to the legislative	14828
authority, the eligible lending institution to the board of	14829
directors of the port authority or lake facilities authority, or	14830
the investing authority to the board of county commissioners.	14831

(B) The municipal corporation and the treasurer or governing	14832
board, the port authority or lake facilities authority and the	14833
board of directors, and the county and the investing authority or	14834
the board of county commissioners, are not liable to any eligible	14835
lending institution in any manner for the payment of the principal	14836
or interest on any reduced rate loan made under the program, and	14837
any delay in payment or default on the part of any borrower does	14838
not in any manner affect the deposit agreement between the	14839
eligible lending institution and the treasurer or governing board,	14840
the board of directors, or the investing authority or board of	14841
county commissioners.	14842

(C) For purposes of this section~~, both of the following~~	14843
~~apply~~:	14844

(1) "Investing authority" has the same meaning as in section	14845
135.31 of the Revised Code.	14846

(2) "Port authority" means a port authority created in	14847
accordance with section 4582.22 of the Revised Code.	14848

(3) "Lake facilities authority" means a lake facilities	14849
authority created in accordance with section 353.02 of the Revised	14850
Code.	14851

Sec. 135.81. As used in sections 135.81 to 135.87 of the	14852
Revised Code:	14853

(A) "Eligible governmental subdivision" means a municipal	14854
corporation, port authority created in accordance with section	14855
4582.22 of the Revised Code, or county in this state.	14856

(B) "Eligible governmental subdivision housing linked deposit	14857
program" means any program established pursuant to section 135.80	14858
of the Revised Code by the legislative authority of a municipal	14859
corporation, the board of directors of a port authority created in	14860
accordance with section 4582.22 of the Revised Code, or the board	14861
of county commissioners of a county, in which the program goals	14862
address specific housing issues relative to the geographic	14863
boundaries of that municipal corporation, port authority, or	14864
county. These program goals include, but are not limited to, home	14865
improvement, home restoration, energy efficiency, retention of	14866
historic significance, controlling urban sprawl, neighborhood	14867
revitalization, affordable housing, home ownership for persons	14868
unable to secure conventional financing, urban development, or	14869
economic revitalization of a residential area as a result of a	14870
natural disaster or other catastrophic occurrence.	14871

(C) "Eligible housing linked deposit participant" means any	14872
person or small business that meets the requirements set forth in	14873
an eligible governmental subdivision housing linked deposit	14874
program or set forth by the treasurer of state pursuant to	14875
division (B)(2) of section 135.82 of the Revised Code and that is	14876
a resident of this state.	14877

(D) "Eligible lending institution" means a financial	14878
institution meeting all of the following:	14879

(1) It is eligible to make commercial loans or residential	14880
loans.	14881

(2) It is a public depository of state funds under section	14882
135.03 of the Revised Code.	14883

(3) It agrees to participate in a program to provide housing	14884
linked deposits.	14885

(E) "Housing linked deposit" means a certificate of deposit	14886
or other financial institution instrument, described in section	14887
135.85 of the Revised Code, placed by the treasurer of state with	14888
an eligible lending institution, in accordance with division (B)	14889
of section 135.84 of the Revised Code, provided that the	14890
institution agrees, at the time of the deposit of state funds and	14891
for the period of the deposit, to lend the value of the deposit	14892
according to the deposit agreement described in section 135.85 of	14893
the Revised Code to eligible housing linked deposit participants	14894
at a fixed interest rate of up to three hundred basis points below	14895
the present borrowing rate applicable to each participant in the	14896
absence of approval to participate in the programs described in	14897
division (B) of section 135.82 of the Revised Code.	14898

(F) "Other financial institution instrument" means a fully	14899
collateralized product that otherwise would pay market rates of	14900
interest approved by the treasurer of state, for the purpose of	14901
providing eligible housing linked deposit participants with the	14902
benefits of a housing linked deposit.	14903

(G) "Loan" means a contractual agreement under which an	14904
eligible lending institution agrees to lend money in the form of	14905
an upfront lump sum, a line of credit, or any other reasonable	14906
arrangement approved by the treasurer of state.	14907

Sec. 135.85. (A) Upon placement of a housing linked deposit	14908
with an eligible lending institution pursuant to division (B) of	14909
section 135.84 of the Revised Code, the eligible lending	14910
institution shall do both of the following:	14911

(1) Enter into a deposit agreement with the treasurer of	14912
state that includes all of the following:	14913

(a) Any requirements necessary to carry out the purposes of	14914
sections 135.81 to 135.87 of the Revised Code;	14915

(b) Provisions for any certificate of deposit or other	14916
financial institution instrument meeting the requirements	14917
described in division (B) of this section and placed for any	14918
maturity considered appropriate by the treasurer of state but not	14919
exceeding five years;	14920

(c) A specification of the period of time in which the	14921
eligible lending institution is to provide the reduced interest	14922
rate to an approved applicant.	14923

(2) Lend funds as provided in division (C) of this section	14924
and in accordance with the deposit agreement described in this	14925
section to each eligible housing linked deposit participant	14926
approved by the treasurer of state pursuant to division (A) of	14927
section 135.84 of the Revised Code.	14928

(B) Both of the following apply to any certificate of deposit	14929
or other financial institution instrument described in division	14930
(A)(1)(b) of this section:	14931

(1) The certificate of deposit or other financial institution	14932
instrument shall not be renewed upon final maturity.	14933

(2) Interest shall be paid at the times and in the manner	14934
prescribed by the treasurer of state.	14935

(C) The loan described in division (A)(2) of this section	14936
shall be at a fixed rate of up to three hundred basis points below	14937
the present borrowing rate that would apply to the eligible	14938
housing linked deposit participant in the absence of approval to	14939
participate in the programs described in division (B) of section	14940
135.82 of the Revised Code.	14941

(D) A certificate of compliance with this section in the form	14942
and manner prescribed by the treasurer of state shall be provided	14943
by the eligible lending institution.	14944

(E)(1) Any delay in payments or default on the part of the	14945
eligible housing linked deposit participant does not in any manner	14946
affect the deposit agreement between the eligible lending	14947
institution and the treasurer of state.	14948

(2) If an eligible lending institution changes the terms of a	14949
loan to an eligible housing linked deposit participant because of	14950
a delay in payments or default, the housing linked deposit amount	14951
shall be returned to the treasurer of state by the eligible	14952
lending institution. In which case, the deposit amount plus	14953
interest and without early withdrawal penalties shall be returned	14954
in a timely manner as prescribed by the treasurer of state.	14955

(F) An eligible lending institution shall comply fully with	14956
sections 135.81 to 135.87 of the Revised Code.	14957

Sec. 140.01. As used in this chapter:

14958

(A) "Hospital agency" means any public hospital agency or any	14959
nonprofit hospital agency.	14960

(B) "Public hospital agency" means any county, board of	14961
county hospital trustees established pursuant to section 339.02 of	14962
the Revised Code, county hospital commission established pursuant	14963
to section 339.14 of the Revised Code, municipal corporation, new	14964
community authority organized under Chapter 349. of the Revised	14965
Code, joint township hospital district, state or municipal	14966
university or college operating or authorized to operate a	14967
hospital facility, or the state.	14968

(C) "Nonprofit hospital agency" means a corporation or	14969
association not for profit, no part of the net earnings of which	14970
inures or may lawfully inure to the benefit of any private	14971
shareholder or individual, that has authority to own or operate a	14972
hospital facility or provides or is to provide services to one or	14973
more other hospital agencies.	14974

(D) "Governing body" means, in the case of a county, the	14975
board of county commissioners or other legislative body; in the	14976
case of a board of county hospital trustees, the board; in the	14977
case of a county hospital commission, the commission; in the case	14978
of a municipal corporation, the council or other legislative	14979
authority; in the case of a new community authority, its board of	14980
trustees; in the case of a joint township hospital district, the	14981
joint township district hospital board; in the case of a state or	14982
municipal university or college, its board of trustees or board of	14983
directors; in the case of a nonprofit hospital agency, the board	14984
of trustees or other body having general management of the agency;	14985
and, in the case of the state, the director of development	14986
services or the Ohio higher educational facility commission.	14987

(E) "Hospital facilities" means buildings, structures and	14988
other improvements, additions thereto and extensions thereof,	14989
furnishings, equipment, and real estate and interests in real	14990
estate, used or to be used for or in connection with one or more	14991
hospitals, emergency, intensive, intermediate, extended,	14992
long-term, or self-care facilities, diagnostic and treatment and	14993
out-patient facilities, facilities related to programs for home	14994
health services, clinics, laboratories, public health centers,	14995
research facilities, and rehabilitation facilities, for or	14996
pertaining to diagnosis, treatment, care, or rehabilitation of	14997
sick, ill, injured, infirm, impaired, disabled, or handicapped	14998
persons, or the prevention, detection, and control of disease, and	14999
also includes education, training, and food service facilities for	15000
health professions personnel, housing facilities for such	15001
personnel and their families, and parking and service facilities	15002
in connection with any of the foregoing; and includes any one,	15003
part of, or any combination of the foregoing; and further includes	15004
site improvements, utilities, machinery, facilities, furnishings,	15005
and any separate or connected buildings, structures, improvements,	15006
sites, utilities, facilities, or equipment to be used in, or in	15007
connection with the operation or maintenance of, or supplementing	15008
or otherwise related to the services or facilities to be provided	15009
by, any one or more of such hospital facilities.	15010

(F) "Costs of hospital facilities" means the costs of	15011
acquiring hospital facilities or interests in hospital facilities,	15012
including membership interests in nonprofit hospital agencies,	15013
costs of constructing hospital facilities, costs of improving one	15014
or more hospital facilities, including reconstructing,	15015
rehabilitating, remodeling, renovating, and enlarging, costs of	15016
equipping and furnishing such facilities, and all financing costs	15017
pertaining thereto, including, without limitation thereto, costs	15018
of engineering, architectural, and other professional services,	15019
designs, plans, specifications and surveys, and estimates of cost,	15020
costs of tests and inspections, the costs of any indemnity or	15021
surety bonds and premiums on insurance, all related direct or	15022
allocable administrative expenses pertaining thereto, fees and	15023
expenses of trustees, depositories, and paying agents for the	15024
obligations, cost of issuance of the obligations and financing	15025
charges and fees and expenses of financial advisors, attorneys,	15026
accountants, consultants and rating services in connection	15027
therewith, capitalized interest on the obligations, amounts	15028
necessary to establish reserves as required by the bond	15029
proceedings, the reimbursement of all moneys advanced or applied	15030
by the hospital agency or others or borrowed from others for the	15031
payment of any item or items of costs of such facilities, and all	15032
other expenses necessary or incident to planning or determining	15033
feasibility or practicability with respect to such facilities, and	15034
such other expenses as may be necessary or incident to the	15035
acquisition, construction, reconstruction, rehabilitation,	15036
remodeling, renovation, enlargement, improvement, equipment, and	15037
furnishing of such facilities, the financing thereof, and the	15038
placing of the same in use and operation, including any one, part	15039
of, or combination of such classes of costs and expenses, and	15040
means the costs of refinancing obligations issued by, or	15041
reimbursement of money advanced by, nonprofit hospital agencies or	15042
others the proceeds of which were used for the payment of costs of	15043
hospital facilities, if the governing body of the public hospital	15044
agency determines that the refinancing or reimbursement advances	15045
the purposes of this chapter, whether or not the refinancing or	15046
reimbursement is in conjunction with the acquisition or	15047
construction of additional hospital facilities.	15048

(G) "Hospital receipts" means all moneys received by or on	15049
behalf of a hospital agency from or in connection with the	15050
ownership, operation, acquisition, construction, improvement,	15051
equipping, or financing of any hospital facilities, including,	15052
without limitation thereto, any rentals and other moneys received	15053
from the lease, sale, or other disposition of hospital facilities,	15054
and any gifts, grants, interest subsidies, or other moneys	15055
received under any federal program for assistance in financing the	15056
costs of hospital facilities, and any other gifts, grants, and	15057
donations, and receipts therefrom, available for financing the	15058
costs of hospital facilities.	15059

(H) "Obligations" means bonds, notes, or other evidences of	15060
indebtedness or obligation, including interest coupons pertaining	15061
thereto, issued or issuable by a public hospital agency to pay	15062
costs of hospital facilities.	15063

(I) "Bond service charges" means principal, interest, and	15064
call premium, if any, required to be paid on obligations.	15065

(J) "Bond proceedings" means one or more ordinances,	15066
resolutions, trust agreements, indentures, and other agreements or	15067
documents, and amendments and supplements to the foregoing, or any	15068
combination thereof, authorizing or providing for the terms,	15069
including any variable interest rates, and conditions applicable	15070
to, or providing for the security of, obligations and the	15071
provisions contained in such obligations.	15072

(K) "Nursing home" has the same meaning as in division (A)(1)	15073
of section 5701.13 of the Revised Code.	15074

(L) "Residential care facility" has the same meaning as in	15075
division (A)(2) of section 5701.13 of the Revised Code.	15076

(M) "Independent living facility" means any self-care	15077
facility or other housing facility designed or used as a residence	15078
for elderly persons. An "independent living facility" does not	15079
include a residential facility, or that part of a residential	15080
facility, that is any of the following:	15081

(1) A hospital required to be certified by section 3727.02 of	15082
the Revised Code;	15083

(2) A nursing home or residential care facility;

15084

(3) A facility operated by a hospice care program licensed	15085
under section 3712.04 of the Revised Code and used for the	15086
program's hospice patients;	15087

(4) A residential facility licensed by the department of	15088
~~mental health~~mental health and addiction services under section	15089
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	15090
supervision, and personal care services for three to sixteen	15091
unrelated adults;	15092

(5) A residential facility licensed by the department of	15093
~~mental health~~mental health and addiction services under section	15094
~~5119.22~~5119.34 of the Revised Code that is not a residential	15095
facility described in division (M)(4) of this section;	15096

(6) A facility licensed to provide methadone treatment under	15097
section ~~3793.11~~5119.39 of the Revised Code;	15098

(7) A facility certified as ~~an alcohol and drug~~a community	15099
addiction ~~program~~services provider under section ~~3793.06~~5119.36	15100
of the Revised Code;	15101

(8) A residential facility licensed under section 5123.19 of	15102
the Revised Code or a facility providing services under a contract	15103
with the department of developmental disabilities under section	15104
5123.18 of the Revised Code;	15105

(9) A residential facility used as part of a hospital to	15106
provide housing for staff of the hospital or students pursuing a	15107
course of study at the hospital.	15108

Sec. 140.03. (A) Two or more hospital agencies may enter	15109
into agreements for the acquisition, construction, reconstruction,	15110
rehabilitation, remodeling, renovating, enlarging, equipping, and	15111
furnishing of hospital facilities, or the management, operation,	15112
occupancy, use, maintenance, and repair of hospital facilities, or	15113
for participation in programs, projects, activities, and services	15114
useful to, connected with, supplementing, or otherwise related to	15115
the services provided by, or the operation of, hospital facilities	15116
operated by one or more participating hospital agencies, including	15117
any combination of such purposes, all in such manner as to promote	15118
the public purpose stated in section 140.02 of the Revised Code. A	15119
city health district; general health district; board of alcohol,	15120
drug addiction, and mental health services; county board of	15121
developmental disabilities; the department of ~~mental health~~mental	15122
health and addiction services; the department of developmental	15123
disabilities; or any public body engaged in the education or	15124
training of health professions personnel may join in any such	15125
agreement for purposes related to its authority under laws	15126
applicable to it, and as such a participant shall be considered a	15127
public hospital agency or hospital agency for the purposes of this	15128
section.	15129

(B) An agreement entered into under authority of this section	15130
shall, where appropriate, provide for:	15131

(1) The manner in which the title to the hospital facilities,	15132
including the sites and interest in real estate pertaining	15133
thereto, is to be held, transferred, or disposed of;	15134

(2) Unless provided for by lease pursuant to section 140.05	15135
of the Revised Code, the method by which such hospital facilities	15136
are to be acquired, constructed, or otherwise improved and by	15137
which they shall be managed, occupied, maintained, and repaired,	15138
including the designation of one of the hospital agencies to have	15139
charge of the details of acquisition, construction, or improvement	15140
pursuant to the contracting procedures prescribed under the law	15141
applicable to one of the participating public hospital agencies;	15142

(3) The management or administration of any such programs,	15143
projects, activities, or services, which may include management or	15144
administration by one of said hospital agencies or a board or	15145
agency thereof;	15146

(4) Annual, or more frequent, reports to the participating	15147
hospital agencies as to the revenues and receipts pertaining to	15148
the subject of the agreement, the expenditures thereof, the status	15149
and application of other funds contributed under such agreement,	15150
and such other matters as may be specified by or pursuant to such	15151
agreement;	15152

(5) The manner of apportionment or sharing of costs of	15153
hospital facilities, any other applicable costs of management,	15154
operation, maintenance, and repair of hospital facilities, and	15155
costs for the programs, projects, activities, and services forming	15156
the subject of the agreement, which apportionment or sharing may	15157
be prescribed in fixed amounts, or determined by ratios, formulas,	15158
or otherwise, and paid as service charges, rentals, or in such	15159
other manner as provided in the agreement, and may include amounts	15160
sufficient to meet the bond service charges and other payments and	15161
deposits required under the bond proceedings for obligations	15162
issued to pay costs of hospital facilities. A hospital agency may	15163
commit itself to make such payments at least for so long as any	15164
such obligations are outstanding. In the apportionment, different	15165
classes of costs or expenses may be apportioned to one or more,	15166
all or less than all, of the participating hospital agencies as	15167
determined under such agreement.	15168

(C) An agreement entered into under authority of this section	15169
may provide for:	15170

(1) An orderly process for making determinations or advising	15171
as to planning, execution, implementation, and operation, which	15172
may include designating one of the hospital agencies, or a board	15173
thereof, for any of such purposes, provisions for a committee,	15174
board, or commission, and for representation thereon, or as may	15175
otherwise be provided;	15176

(2) Securing necessary personnel, including participation of	15177
personnel from the respective hospital agencies;	15178

(3) Standards or conditions for the admission or	15179
participation of patients and physicians;	15180

(4) Conditions for admittance of other hospital agencies to	15181
participation under the agreement;	15182

(5) Fixing or establishing the method of determining charges	15183
to be made for particular services;	15184

(6) The manner of amending, supplementing, terminating, or	15185
withdrawal or removal of any party from, the agreement, and the	15186
term of the agreement, or an indefinite term;	15187

(7) Designation of the applicants for or recipients of any	15188
federal, state, or other aid, assistance, or loans available by	15189
reason of any activities conducted under the agreement;	15190

(8) Designation of one or more of the participating hospital	15191
agencies to maintain, prepare, and submit, on behalf of all	15192
parties to the agreement, any or all records and reports with	15193
regard to the activities conducted under the agreement;	15194

(9) Any incidental use of the hospital facilities, or	15195
services thereof, by participating public hospital agencies for	15196
any of their lawful purposes, which incidental use does not impair	15197
the character of the facilities as hospital facilities for any	15198
purpose of this chapter;	15199

(10) Such other matters as the parties thereto may agree upon	15200
for the purposes of division (A) of this section.	15201

(D) For the purpose of paying or contributing its share under	15202
an agreement made under this section, a public hospital agency	15203
may:	15204

(1) Expend any moneys from its general fund, and from any	15205
other funds not otherwise restricted by law, but including funds	15206
for permanent improvements of hospital facilities of such public	15207
hospital agency where the contribution is to be made toward the	15208
costs of hospital facilities under the agreement, and including	15209
funds derived from levies for, or receipts available for,	15210
operating expenses of hospital facilities or services of such	15211
public hospital agency where the contribution or payment is to be	15212
made toward operating expenses of the hospital facilities or	15213
services under the agreement or for the services provided thereby;	15214

(2) Issue obligations under Chapter 133. or section 140.06,	15215
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	15216
3 of Article XVIII, Ohio Constitution, if applicable to such	15217
public hospital agency, to pay costs of hospital facilities, or	15218
issue obligations under any other provision of law authorizing	15219
such public hospital agency to issue obligations for any costs of	15220
hospital facilities;	15221

(3) Levy taxes under Chapter 5705. or section 513.13 or	15222
3709.29 of the Revised Code, if applicable to such public hospital	15223
agency, provided that the purpose of such levy may include the	15224
provision of funds for either or both permanent improvements and	15225
current expenses if required for the contribution or payment of	15226
such hospital agency under such agreement, and each such public	15227
hospital agency may issue notes in anticipation of any such levy,	15228
pursuant to the procedures provided in section 5705.191 of the	15229
Revised Code if the levy is solely for current expenses, and in	15230
section 5705.193 of the Revised Code if the levy is all or in part	15231
for permanent improvements;	15232

(4) Contribute real and personal property or interest therein	15233
without necessity for competitive bidding or public auction on	15234
disposition of such property.	15235

(E) Any funds provided by public hospital agencies that are	15236
parties to an agreement entered into under this section shall be	15237
transferred to and placed in a separate fund or funds of such	15238
participating public hospital agency as is designated under the	15239
agreement. The funds shall be applied for the purposes provided in	15240
such agreement and are subject to audit. Pursuant to any	15241
determinations to be made under such agreement, the funds shall be	15242
deposited, invested, and disbursed under the provisions of law	15243
applicable to the public hospital agency in whose custody the	15244
funds are held. This division is subject to the provisions of any	15245
applicable bond proceedings under section 133.08, 140.06, 339.15,	15246
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	15247
Constitution. The records and reports of such public hospital	15248
agency under Chapter 117. of the Revised Code and sections 3702.51	15249
to 3702.62 of the Revised Code, with respect to the funds shall be	15250
sufficient without necessity for reports thereon by the other	15251
public hospital agencies participating under such agreement.	15252

(F)(1) Prior to its entry into any such agreement, the public	15253
hospital agency must determine, and set forth in a resolution or	15254
ordinance, that the contribution to be made by it under such	15255
agreement will be fair consideration for value and benefit to be	15256
derived by it under such agreement and that the agreement will	15257
promote the public purpose stated in section 140.02 of the Revised	15258
Code.	15259

(2) If the agreement is with a board of county commissioners,	15260
board of county hospital trustees, or county hospital commission	15261
and is an initial agreement for the acquisition or operation of a	15262
county hospital operated by a board of county hospital trustees	15263
under section 339.06 of the Revised Code, the governing body of	15264
the public hospital agency shall submit the agreement, accompanied	15265
by the resolution or ordinance, to the board of county	15266
commissioners for review pursuant to section 339.091 of the	15267
Revised Code. The agreement may be entered into only if the board	15268
of county commissioners adopts a resolution under that section.	15269
The requirements of division (F)(2) of this section do not apply	15270
to the agreement if one or more hospitals classified as general	15271
hospitals by the director of health under section 3701.07 of the	15272
Revised Code are operating in the same county as the county	15273
hospital.	15274

Sec. 140.05. (A)(1) A public hospital agency may lease any	15275
hospital facility to one or more hospital agencies for use as a	15276
hospital facility, or to one or more city or general health	15277
districts; boards of alcohol, drug addiction, and mental health	15278
services; county boards of developmental disabilities; the	15279
department of ~~mental health~~mental health and addiction services;	15280
or the department of developmental disabilities, for uses which	15281
they are authorized to make thereof under the laws applicable to	15282
them, or any combination of them, and they may lease such	15283
facilities to or from a hospital agency for such uses, upon such	15284
terms and conditions as are agreed upon by the parties. Such lease	15285
may be for a term of fifty years or less and may provide for an	15286
option of the lessee to renew for a term of fifty years or less,	15287
as therein set forth. Prior to entering into such lease, the	15288
governing body of any public hospital agency granting such lease	15289
must determine, and set forth in a resolution or ordinance, that	15290
such lease will promote the public purpose stated in section	15291
140.02 of the Revised Code and that the lessor public hospital	15292
agency will be duly benefited thereby.	15293

(2) If the lease is with a board of county commissioners,	15294
board of county hospital trustees, or county hospital commission	15295
and is an agreement for the initial lease of a county hospital	15296
operated by a board of county hospital trustees under section	15297
339.06 of the Revised Code, the governing body of the public	15298
hospital agency shall submit the agreement, accompanied by the	15299
resolution or ordinance, to the board of county commissioners for	15300
review pursuant to section 339.091 of the Revised Code. The	15301
agreement may be entered into only if the board of county	15302
commissioners adopts a resolution under that section. The	15303
requirements of division (A)(2) of this section do not apply to	15304
the lease if one or more hospitals classified as general hospitals	15305
by the director of health under section 3701.07 of the Revised	15306
Code are operating in the same county as the county hospital.	15307

(B) Any lease entered into pursuant to this section shall	15308
provide that in the event that the lessee fails faithfully and	15309
efficiently to administer, maintain, and operate such leased	15310
facilities as hospital facilities, or fails to provide the	15311
services thereof without regard to race, creed, color, or national	15312
origin, or fails to require that any hospital agency using such	15313
facilities or the services thereof shall not discriminate by	15314
reason of race, creed, color, or national origin, after an	15315
opportunity to be heard upon written charges, said lease may be	15316
terminated at the time, in the manner and with consequences	15317
therein provided. If any such lease does not contain terms to the	15318
effect provided in this division, it shall nevertheless be deemed	15319
to contain such terms which shall be implemented as determined by	15320
the governing body of the lessor.	15321

(C) Such lease may provide for rentals commencing at any time	15322
agreed upon, or advance rental, and continuing for such period	15323
therein provided, notwithstanding and without diminution, rebate,	15324
or setoff by reason of time of availability of the hospital	15325
facility for use, delays in construction, failure of completion,	15326
damage or destruction of the hospital facilities, or for any other	15327
reason.	15328

(D) Such lease may provide for the sale or transfer of title	15329
of the leased facilities pursuant to an option to purchase,	15330
lease-purchase, or installment purchase upon terms therein	15331
provided or to be determined as therein provided, which may	15332
include provision for the continued use thereof as a hospital	15333
facility for some reasonable period, taking into account efficient	15334
useful life and other factors, as is provided therein.	15335

(E) Such lease may be entered as part of or in connection	15336
with an agreement pursuant to section 140.03 of the Revised Code.	15337
Any hospital facilities which are the subject of an agreement	15338
entered into under section 140.03 of the Revised Code may be	15339
leased pursuant to this section.	15340

(F) If land acquired by a public hospital agency for a	15341
hospital facility is adjacent to an existing hospital facility	15342
owned by another hospital agency, the public hospital agency may,	15343
in connection with such acquisition or the leasing of such land	15344
and hospital facilities thereon to one or more hospital agencies,	15345
enter into an agreement with the hospital agency which owns such	15346
adjacent hospital facility for the use of common walls in the	15347
construction, operation, or maintenance of hospital facilities of	15348
the public hospital agency. For the purpose of construction,	15349
operation, or maintenance of hospital facilities, a public	15350
hospital agency may acquire by purchase, gift, lease, lease with	15351
option to purchase, lease-purchase, or installment purchase,	15352
easement deed, or other agreement, real estate and interests in	15353
real estate, including rights to use space over, under or upon	15354
real property owned by others, and support, access, common wall,	15355
and other rights in connection therewith. Any public hospital	15356
agency or other political subdivision or any public agency, board,	15357
commission, institution, body, or instrumentality may grant such	15358
real estate, interests, or rights to any hospital agency upon such	15359
terms as are agreed upon without necessity for competitive bidding	15360
or public auction.	15361

Sec. 145.01. As used in this chapter:

15362

(A) "Public employee" means:

15363

(1) Any person holding an office, not elective, under the	15364
state or any county, township, municipal corporation, park	15365
district, conservancy district, sanitary district, health	15366
district, metropolitan housing authority, state retirement board,	15367
Ohio historical society, public library, county law library, union	15368
cemetery, joint hospital, institutional commissary, state	15369
university, or board, bureau, commission, council, committee,	15370
authority, or administrative body as the same are, or have been,	15371
created by action of the general assembly or by the legislative	15372
authority of any of the units of local government named in	15373
division (A)(1) of this section, or employed and paid in whole or	15374
in part by the state or any of the authorities named in division	15375
(A)(1) of this section in any capacity not covered by section	15376
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	15377

(2) A person who is a member of the public employees	15378
retirement system and who continues to perform the same or similar	15379
duties under the direction of a contractor who has contracted to	15380
take over what before the date of the contract was a publicly	15381
operated function. The governmental unit with which the contract	15382
has been made shall be deemed the employer for the purposes of	15383
administering this chapter.	15384

(3) Any person who is an employee of a public employer,	15385
notwithstanding that the person's compensation for that employment	15386
is derived from funds of a person or entity other than the	15387
employer. Credit for such service shall be included as total	15388
service credit, provided that the employee makes the payments	15389
required by this chapter, and the employer makes the payments	15390
required by sections 145.48 and 145.51 of the Revised Code.	15391

(4) A person who elects in accordance with section 145.015 of	15392
the Revised Code to remain a contributing member of the public	15393
employees retirement system.	15394

(5) A person who is an employee of the legal rights service	15395
on September 30, 2012, and continues to be employed by the	15396
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	15397
153 of the 129th general assembly. The nonprofit entity is the	15398
employer for the purpose of this chapter.	15399

In all cases of doubt, the public employees retirement board	15400
shall determine under section 145.036, 145.037, or 145.038 of the	15401
Revised Code whether any person is a public employee, and its	15402
decision is final.	15403

(B) "Member" means any public employee, other than a public	15404
employee excluded or exempted from membership in the retirement	15405
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	15406
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	15407
retirant who becomes a member under division (C) of section 145.38	15408
of the Revised Code. "Member" also includes a disability benefit	15409
recipient.	15410

(C) "Head of the department" means the elective or appointive	15411
head of the several executive, judicial, and administrative	15412
departments, institutions, boards, and commissions of the state	15413
and local government as the same are created and defined by the	15414
laws of this state or, in case of a charter government, by that	15415
charter.	15416

(D) "Employer" or "public employer" means the state or any	15417
county, township, municipal corporation, park district,	15418
conservancy district, sanitary district, health district,	15419
metropolitan housing authority, state retirement board, Ohio	15420
historical society, public library, county law library, union	15421
cemetery, joint hospital, institutional commissary, state medical	15422
university, state university, or board, bureau, commission,	15423
council, committee, authority, or administrative body as the same	15424
are, or have been, created by action of the general assembly or by	15425
the legislative authority of any of the units of local government	15426
named in this division not covered by section 742.01, 3307.01,	15427
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	15428
means the employer of any public employee.	15429

(E) "Prior military service" also means all service credited	15430
for active duty with the armed forces of the United States as	15431
provided in section 145.30 of the Revised Code.	15432

(F) "Contributor" means any person who has an account in the	15433
employees' savings fund created by section 145.23 of the Revised	15434
Code. When used in the sections listed in division (B) of section	15435
145.82 of the Revised Code, "contributor" includes any person	15436
participating in a PERS defined contribution plan.	15437

(G) "Beneficiary" or "beneficiaries" means the estate or a	15438
person or persons who, as the result of the death of a member,	15439
contributor, or retirant, qualify for or are receiving some right	15440
or benefit under this chapter.	15441

(H)(1) "Total service credit," except as provided in section	15442
145.37 of the Revised Code, means all service credited to a member	15443
of the retirement system since last becoming a member, including	15444
restored service credit as provided by section 145.31 of the	15445
Revised Code; credit purchased under sections 145.293 and 145.299	15446
of the Revised Code; all the member's military service credit	15447
computed as provided in this chapter; all service credit	15448
established pursuant to section 145.297 of the Revised Code; and	15449
any other service credited under this chapter. For the exclusive	15450
purpose of satisfying the service credit requirement and of	15451
determining eligibility for benefits under sections 145.32,	15452
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	15453
Revised Code, "five or more years of total service credit" means	15454
sixty or more calendar months of contributing service in this	15455
system.	15456

(2) "One and one-half years of contributing service credit,"	15457
as used in division (B) of section 145.45 of the Revised Code,	15458
also means eighteen or more calendar months of employment by a	15459
municipal corporation that formerly operated its own retirement	15460
plan for its employees or a part of its employees, provided that	15461
all employees of that municipal retirement plan who have eighteen	15462
or more months of such employment, upon establishing membership in	15463
the public employees retirement system, shall make a payment of	15464
the contributions they would have paid had they been members of	15465
this system for the eighteen months of employment preceding the	15466
date membership was established. When that payment has been made	15467
by all such employee members, a corresponding payment shall be	15468
paid into the employers' accumulation fund by that municipal	15469
corporation as the employer of the employees.	15470

(3) Where a member also is a member of the state teachers	15471
retirement system or the school employees retirement system, or	15472
both, except in cases of retirement on a combined basis pursuant	15473
to section 145.37 of the Revised Code or as provided in section	15474
145.383 of the Revised Code, service credit for any period shall	15475
be credited on the basis of the ratio that contributions to the	15476
public employees retirement system bear to total contributions in	15477
all state retirement systems.	15478

(4) Not more than one year of credit may be given for any	15479
period of twelve months.	15480

(5) "Ohio service credit" means credit for service that was	15481
rendered to the state or any of its political subdivisions or any	15482
employer.	15483

(I) "Regular interest" means interest at any rates for the	15484
respective funds and accounts as the public employees retirement	15485
board may determine from time to time.	15486

(J) "Accumulated contributions" means the sum of all amounts	15487
credited to a contributor's individual account in the employees'	15488
savings fund together with any interest credited to the	15489
contributor's account under section 145.471 or 145.472 of the	15490
Revised Code.	15491

(K)(1) "Final average salary" means the greater of the	15492
following:	15493

(a) The sum of the member's earnable salaries for the	15494
appropriate number of calendar years of contributing service,	15495
determined under section 145.017 of the Revised Code, in which the	15496
member's earnable salary was highest, divided by the same number	15497
of calendar years or, if the member has fewer than the appropriate	15498
number of calendar years of contributing service, the total of the	15499
member's earnable salary for all years of contributing service	15500
divided by the number of calendar years of the member's	15501
contributing service;	15502

(b) The sum of a member's earnable salaries for the	15503
appropriate number of consecutive months, determined under section	15504
145.017 of the Revised Code, that were the member's last months of	15505
service, up to and including the last month, divided by the	15506
appropriate number of years or, if the time between the first and	15507
final months of service is less than the appropriate number of	15508
consecutive months, the total of the member's earnable salary for	15509
all months of contributing service divided by the number of years	15510
between the first and final months of contributing service,	15511
including any fraction of a year, except that the member's final	15512
average salary shall not exceed the member's highest earnable	15513
salary for any twelve consecutive months.	15514

(2) If contributions were made in only one calendar year,	15515
"final average salary" means the member's total earnable salary.	15516

(L) "Annuity" means payments for life derived from	15517
contributions made by a contributor and paid from the annuity and	15518
pension reserve fund as provided in this chapter. All annuities	15519
shall be paid in twelve equal monthly installments.	15520

(M) "Annuity reserve" means the present value, computed upon	15521
the basis of the mortality and other tables adopted by the board,	15522
of all payments to be made on account of any annuity, or benefit	15523
in lieu of any annuity, granted to a retirant as provided in this	15524
chapter.	15525

(N)(1) "Disability retirement" means retirement as provided	15526
in section 145.36 of the Revised Code.	15527

(2) "Disability allowance" means an allowance paid on account	15528
of disability under section 145.361 of the Revised Code.	15529

(3) "Disability benefit" means a benefit paid as disability	15530
retirement under section 145.36 of the Revised Code, as a	15531
disability allowance under section 145.361 of the Revised Code, or	15532
as a disability benefit under section 145.37 of the Revised Code.	15533

(4) "Disability benefit recipient" means a member who is	15534
receiving a disability benefit.	15535

(O) "Age and service retirement" means retirement as provided	15536
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	15537
and former section 145.34 of the Revised Code.	15538

(P) "Pensions" means annual payments for life derived from	15539
contributions made by the employer that at the time of retirement	15540
are credited into the annuity and pension reserve fund from the	15541
employers' accumulation fund and paid from the annuity and pension	15542
reserve fund as provided in this chapter. All pensions shall be	15543
paid in twelve equal monthly installments.	15544

(Q) "Retirement allowance" means the pension plus that	15545
portion of the benefit derived from contributions made by the	15546
member.	15547

(R)(1) Except as otherwise provided in division (R) of this	15548
section, "earnable salary" means all salary, wages, and other	15549
earnings paid to a contributor by reason of employment in a	15550
position covered by the retirement system. The salary, wages, and	15551
other earnings shall be determined prior to determination of the	15552
amount required to be contributed to the employees' savings fund	15553
under section 145.47 of the Revised Code and without regard to	15554
whether any of the salary, wages, or other earnings are treated as	15555
deferred income for federal income tax purposes. "Earnable salary"	15556
includes the following:	15557

(a) Payments made by the employer in lieu of salary, wages,	15558
or other earnings for sick leave, personal leave, or vacation used	15559
by the contributor;	15560

(b) Payments made by the employer for the conversion of sick	15561
leave, personal leave, and vacation leave accrued, but not used if	15562
the payment is made during the year in which the leave is accrued,	15563
except that payments made pursuant to section 124.383 or 124.386	15564
of the Revised Code are not earnable salary;	15565

(c) Allowances paid by the employer for maintenance,	15566
consisting of housing, laundry, and meals, as certified to the	15567
retirement board by the employer or the head of the department	15568
that employs the contributor;	15569

(d) Fees and commissions paid under section 507.09 of the	15570
Revised Code;	15571

(e) Payments that are made under a disability leave program	15572
sponsored by the employer and for which the employer is required	15573
by section 145.296 of the Revised Code to make periodic employer	15574
and employee contributions;	15575

(f) Amounts included pursuant to former division (K)(3) and	15576
former division (Y) of this section and section 145.2916 of the	15577
Revised Code.	15578

(2) "Earnable salary" does not include any of the following:

15579

(a) Fees and commissions, other than those paid under section	15580
507.09 of the Revised Code, paid as sole compensation for personal	15581
services and fees and commissions for special services over and	15582
above services for which the contributor receives a salary;	15583

(b) Amounts paid by the employer to provide life insurance,	15584
sickness, accident, endowment, health, medical, hospital, dental,	15585
or surgical coverage, or other insurance for the contributor or	15586
the contributor's family, or amounts paid by the employer to the	15587
contributor in lieu of providing the insurance;	15588

(c) Incidental benefits, including lodging, food, laundry,	15589
parking, or services furnished by the employer, or use of the	15590
employer's property or equipment, or amounts paid by the employer	15591
to the contributor in lieu of providing the incidental benefits;	15592

(d) Reimbursement for job-related expenses authorized by the	15593
employer, including moving and travel expenses and expenses	15594
related to professional development;	15595

(e) Payments for accrued but unused sick leave, personal	15596
leave, or vacation that are made at any time other than in the	15597
year in which the sick leave, personal leave, or vacation was	15598
accrued;	15599

(f) Payments made to or on behalf of a contributor that are	15600
in excess of the annual compensation that may be taken into	15601
account by the retirement system under division (a)(17) of section	15602
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	15603
U.S.C.A. 401(a)(17), as amended;	15604

(g) Payments made under division (B), (C), or (E) of section	15605
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	15606
No. 3 of the 119th general assembly, Section 3 of Amended	15607
Substitute Senate Bill No. 164 of the 124th general assembly, or	15608
Amended Substitute House Bill No. 405 of the 124th general	15609
assembly;	15610

(h) Anything of value received by the contributor that is	15611
based on or attributable to retirement or an agreement to retire,	15612
except that payments made on or before January 1, 1989, that are	15613
based on or attributable to an agreement to retire shall be	15614
included in earnable salary if both of the following apply:	15615

(i) The payments are made in accordance with contract	15616
provisions that were in effect prior to January 1, 1986;	15617

(ii) The employer pays the retirement system an amount	15618
specified by the retirement board equal to the additional	15619
liability resulting from the payments.	15620

(i) The portion of any amount included in section 145.2916 of	15621
the Revised Code that represents employer contributions.	15622

(3) The retirement board shall determine by rule whether any	15623
compensation not enumerated in division (R) of this section is	15624
earnable salary, and its decision shall be final.	15625

(S) "Pension reserve" means the present value, computed upon	15626
the basis of the mortality and other tables adopted by the board,	15627
of all payments to be made on account of any retirement allowance	15628
or benefit in lieu of any retirement allowance, granted to a	15629
member or beneficiary under this chapter.	15630

(T) "Contributing service" means both of the following:

15631

(1) All service credited to a member of the system since	15632
January 1, 1935, for which contributions are made as required by	15633
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	15634
year subsequent to 1934, credit for any service shall be allowed	15635
in accordance with section 145.016 of the Revised Code.	15636

(2) Service credit received by election of the member under	15637
section 145.814 of the Revised Code.	15638

(U) "State retirement board" means the public employees	15639
retirement board, the school employees retirement board, or the	15640
state teachers retirement board.	15641

(V) "Retirant" means any former member who retires and is	15642
receiving a monthly allowance as provided in sections 145.32,	15643
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	15644
the Revised Code.	15645

(W) "Employer contribution" means the amount paid by an	15646
employer as determined under section 145.48 of the Revised Code.	15647

(X) "Public service terminates" means the last day for which	15648
a public employee is compensated for services performed for an	15649
employer or the date of the employee's death, whichever occurs	15650
first.	15651

(Y) "Five years of service credit," for the exclusive purpose	15652
of satisfying the service credit requirements and of determining	15653
eligibility under section 145.33 or 145.332 of the Revised Code,	15654
means employment covered under this chapter or under a former	15655
retirement plan operated, recognized, or endorsed by the employer	15656
prior to coverage under this chapter or under a combination of the	15657
coverage.	15658

(Z) "Deputy sheriff" means any person who is commissioned and	15659
employed as a full-time peace officer by the sheriff of any	15660
county, and has been so employed since on or before December 31,	15661
1965; any person who is or has been commissioned and employed as a	15662
peace officer by the sheriff of any county since January 1, 1966,	15663
and who has received a certificate attesting to the person's	15664
satisfactory completion of the peace officer training school as	15665
required by section 109.77 of the Revised Code; or any person	15666
deputized by the sheriff of any county and employed pursuant to	15667
section 2301.12 of the Revised Code as a criminal bailiff or court	15668
constable who has received a certificate attesting to the person's	15669
satisfactory completion of the peace officer training school as	15670
required by section 109.77 of the Revised Code.	15671

(AA) "Township constable or police officer in a township	15672
police department or district" means any person who is	15673
commissioned and employed as a full-time peace officer pursuant to	15674
Chapter 505. or 509. of the Revised Code, who has received a	15675
certificate attesting to the person's satisfactory completion of	15676
the peace officer training school as required by section 109.77 of	15677
the Revised Code.	15678

(BB) "Drug agent" means any person who is either of the	15679
following:	15680

(1) Employed full time as a narcotics agent by a county	15681
narcotics agency created pursuant to section 307.15 of the Revised	15682
Code and has received a certificate attesting to the satisfactory	15683
completion of the peace officer training school as required by	15684
section 109.77 of the Revised Code;	15685

(2) Employed full time as an undercover drug agent as defined	15686
in section 109.79 of the Revised Code and is in compliance with	15687
section 109.77 of the Revised Code.	15688

(CC) "Department of public safety enforcement agent" means a	15689
full-time employee of the department of public safety who is	15690
designated under section 5502.14 of the Revised Code as an	15691
enforcement agent and who is in compliance with section 109.77 of	15692
the Revised Code.	15693

(DD) "Natural resources law enforcement staff officer" means	15694
a full-time employee of the department of natural resources who is	15695
designated a natural resources law enforcement staff officer under	15696
section 1501.013 of the Revised Code and is in compliance with	15697
section 109.77 of the Revised Code.	15698

(EE) "Park officer" means a full-time employee of the	15699
department of natural resources who is designated a park officer	15700
under section 1541.10 of the Revised Code and is in compliance	15701
with section 109.77 of the Revised Code.	15702

(FF) "Forest officer" means a full-time employee of the	15703
department of natural resources who is designated a forest officer	15704
under section 1503.29 of the Revised Code and is in compliance	15705
with section 109.77 of the Revised Code.	15706

(GG) "Preserve officer" means a full-time employee of the	15707
department of natural resources who is designated a preserve	15708
officer under section 1517.10 of the Revised Code and is in	15709
compliance with section 109.77 of the Revised Code.	15710

(HH) "Wildlife officer" means a full-time employee of the	15711
department of natural resources who is designated a wildlife	15712
officer under section 1531.13 of the Revised Code and is in	15713
compliance with section 109.77 of the Revised Code.	15714

(II) "State watercraft officer" means a full-time employee of	15715
the department of natural resources who is designated a state	15716
watercraft officer under section 1547.521 of the Revised Code and	15717
is in compliance with section 109.77 of the Revised Code.	15718

(JJ) "Park district police officer" means a full-time	15719
employee of a park district who is designated pursuant to section	15720
511.232 or 1545.13 of the Revised Code and is in compliance with	15721
section 109.77 of the Revised Code.	15722

(KK) "Conservancy district officer" means a full-time	15723
employee of a conservancy district who is designated pursuant to	15724
section 6101.75 of the Revised Code and is in compliance with	15725
section 109.77 of the Revised Code.	15726

(LL) "Municipal police officer" means a member of the	15727
organized police department of a municipal corporation who is	15728
employed full time, is in compliance with section 109.77 of the	15729
Revised Code, and is not a member of the Ohio police and fire	15730
pension fund.	15731

(MM) "Veterans' home police officer" means any person who is	15732
employed at a veterans' home as a police officer pursuant to	15733
section 5907.02 of the Revised Code and is in compliance with	15734
section 109.77 of the Revised Code.	15735

(NN) "Special police officer for a mental health institution"	15736
means any person who is designated as such pursuant to section	15737
~~5119.14~~5119.08 of the Revised Code and is in compliance with	15738
section 109.77 of the Revised Code.	15739

(OO) "Special police officer for an institution for the	15740
developmentally disabled" means any person who is designated as	15741
such pursuant to section 5123.13 of the Revised Code and is in	15742
compliance with section 109.77 of the Revised Code.	15743

(PP) "State university law enforcement officer" means any	15744
person who is employed full time as a state university law	15745
enforcement officer pursuant to section 3345.04 of the Revised	15746
Code and who is in compliance with section 109.77 of the Revised	15747
Code.	15748

(QQ) "House sergeant at arms" means any person appointed by	15749
the speaker of the house of representatives under division (B)(1)	15750
of section 101.311 of the Revised Code who has arrest authority	15751
under division (E)(1) of that section.	15752

(RR) "Assistant house sergeant at arms" means any person	15753
appointed by the house sergeant at arms under division (C)(1) of	15754
section 101.311 of the Revised Code.	15755

(SS) "Regional transit authority police officer" means a	15756
person who is employed full time as a regional transit authority	15757
police officer under division (Y) of section 306.35 of the Revised	15758
Code and is in compliance with section 109.77 of the Revised Code.	15759

(TT) "State highway patrol police officer" means a special	15760
police officer employed full time and designated by the	15761
superintendent of the state highway patrol pursuant to section	15762
5503.09 of the Revised Code or a person serving full time as a	15763
special police officer pursuant to that section on a permanent	15764
basis on October 21, 1997, who is in compliance with section	15765
109.77 of the Revised Code.	15766

(UU) "Municipal public safety director" means a person who	15767
serves full time as the public safety director of a municipal	15768
corporation with the duty of directing the activities of the	15769
municipal corporation's police department and fire department.	15770

(VV) Notwithstanding section 2901.01 of the Revised Code,	15771
"PERS law enforcement officer" means a sheriff or any of the	15772
following whose primary duties are to preserve the peace, protect	15773
life and property, and enforce the laws of this state: a deputy	15774
sheriff, township constable or police officer in a township police	15775
department or district, drug agent, department of public safety	15776
enforcement agent, natural resources law enforcement staff	15777
officer, park officer, forest officer, preserve officer, wildlife	15778
officer, state watercraft officer, park district police officer,	15779
conservancy district officer, veterans' home police officer,	15780
special police officer for a mental health institution, special	15781
police officer for an institution for the developmentally	15782
disabled, state university law enforcement officer, municipal	15783
police officer, house sergeant at arms, assistant house sergeant	15784
at arms, regional transit authority police officer, or state	15785
highway patrol police officer. "PERS law enforcement officer" also	15786
includes a person serving as a municipal public safety director at	15787
any time during the period from September 29, 2005, to March 24,	15788
2009, if the duties of that service were to preserve the peace,	15789
protect life and property, and enforce the laws of this state.	15790

(WW) "Hamilton county municipal court bailiff" means a person	15791
appointed by the clerk of courts of the Hamilton county municipal	15792
court under division (A)(3) of section 1901.32 of the Revised Code	15793
who is employed full time as a bailiff or deputy bailiff, who has	15794
received a certificate attesting to the person's satisfactory	15795
completion of the peace officer basic training described in	15796
division (D)(1) of section 109.77 of the Revised Code.	15797

(XX) "PERS public safety officer" means a Hamilton county	15798
municipal court bailiff, or any of the following whose primary	15799
duties are other than to preserve the peace, protect life and	15800
property, and enforce the laws of this state: a deputy sheriff,	15801
township constable or police officer in a township police	15802
department or district, drug agent, department of public safety	15803
enforcement agent, natural resources law enforcement staff	15804
officer, park officer, forest officer, preserve officer, wildlife	15805
officer, state watercraft officer, park district police officer,	15806
conservancy district officer, veterans' home police officer,	15807
special police officer for a mental health institution, special	15808
police officer for an institution for the ~~mentally retarded and~~	15809
developmentally disabled, state university law enforcement	15810
officer, municipal police officer, house sergeant at arms,	15811
assistant house sergeant at arms, regional transit authority	15812
police officer, or state highway patrol police officer. "PERS	15813
public safety officer" also includes a person serving as a	15814
municipal public safety director at any time during the period	15815
from September 29, 2005, to March 24, 2009, if the duties of that	15816
service were other than to preserve the peace, protect life and	15817
property, and enforce the laws of this state.	15818

(YY) "Fiduciary" means a person who does any of the	15819
following:	15820

(1) Exercises any discretionary authority or control with	15821
respect to the management of the system or with respect to the	15822
management or disposition of its assets;	15823

(2) Renders investment advice for a fee, direct or indirect,	15824
with respect to money or property of the system;	15825

(3) Has any discretionary authority or responsibility in the	15826
administration of the system.	15827

(ZZ) "Actuary" means an individual who satisfies all of the	15828
following requirements:	15829

(1) Is a member of the American academy of actuaries;

15830

(2) Is an associate or fellow of the society of actuaries;

15831

(3) Has a minimum of five years' experience in providing	15832
actuarial services to public retirement plans.	15833

(AAA) "PERS defined benefit plan" means the plan described in	15834
sections 145.201 to 145.79 of the Revised Code.	15835

(BBB) "PERS defined contribution plans" means the plan or	15836
plans established under section 145.81 of the Revised Code.	15837

Sec. 145.012. (A) "Public employee," as defined in division	15838
(A) of section 145.01 of the Revised Code, does not include any	15839
person:	15840

(1) Who is employed by a private, temporary-help service and	15841
performs services under the direction of a public employer or is	15842
employed on a contractual basis as an independent contractor under	15843
a personal service contract with a public employer;	15844

(2) Who is an emergency employee serving on a temporary basis	15845
in case of fire, snow, earthquake, flood, or other similar	15846
emergency;	15847

(3) Who is employed in a program established pursuant to the	15848
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	15849
1501;	15850

(4) Who is an appointed member of either the motor vehicle	15851
salvage dealers board or the motor vehicle dealer's board whose	15852
rate and method of payment are determined pursuant to division (J)	15853
of section 124.15 of the Revised Code;	15854

(5) Who is employed as an election worker and paid less than	15855
five hundred dollars per calendar year for that service;	15856

(6) Who is employed as a firefighter in a position requiring	15857
satisfactory completion of a firefighter training course approved	15858
under former section 3303.07 or section 4765.55 of the Revised	15859
Code or conducted under section 3737.33 of the Revised Code except	15860
for the following:	15861

(a) Any firefighter who has elected under section 145.013 of	15862
the Revised Code to remain a contributing member of the public	15863
employees retirement system;	15864

(b) Any firefighter who was eligible to transfer from the	15865
public employees retirement system to the Ohio police and fire	15866
pension fund under section 742.51 or 742.515 of the Revised Code	15867
and did not elect to transfer;	15868

(c) Any firefighter who has elected under section 742.516 of	15869
the Revised Code to transfer from the Ohio police and fire pension	15870
fund to the public employees retirement system.	15871

(7) Who is a member of the board of health of a city or	15872
general health district, which pursuant to sections 3709.051 and	15873
3709.07 of the Revised Code includes a combined health district,	15874
and whose compensation for attendance at meetings of the board is	15875
set forth in division (B) of section 3709.02 or division (B) of	15876
section 3709.05 of the Revised Code, as appropriate;	15877

(8) Who participates in an alternative retirement plan	15878
established under Chapter 3305. of the Revised Code;	15879

(9) Who is a member of the board of directors of a sanitary	15880
district established under Chapter 6115. of the Revised Code;	15881

(10) Who is a member of the unemployment compensation	15882
advisory council;	15883

(11) Who is an employee, officer, or governor-appointed	15884
member of the board of directors of the nonprofit corporation	15885
formed under section 187.01 of the Revised Code;	15886

(12) Who is employed by the nonprofit entity established to	15887
provide advocacy services and a client assistance program for	15888
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	15889
of the 129th general assembly and whose employment begins on or	15890
after October 1, 2012.	15891

(B) No inmate of a correctional institution operated by the	15892
department of rehabilitation and correction, no patient in a	15893
hospital for the mentally ill or criminally insane operated by the	15894
department of ~~mental health~~mental health and addiction services,	15895
no resident in an institution for the mentally retarded operated	15896
by the department of developmental disabilities, no resident	15897
admitted as a patient of a veterans' home operated under Chapter	15898
5907. of the Revised Code, and no resident of a county home shall	15899
be considered as a public employee for the purpose of establishing	15900
membership or calculating service credit or benefits under this	15901
chapter. Nothing in this division shall be construed to affect any	15902
service credit attained by any person who was a public employee	15903
before becoming an inmate, patient, or resident at any institution	15904
listed in this division, or the payment of any benefit for which	15905
such a person or such a person's beneficiaries otherwise would be	15906
eligible.	15907

Sec. 145.037. (A) As used in this section and section 145.038	15908
of the Revised Code, "business entity" means an entity with five	15909
or more employees that is a corporation, association, firm,	15910
limited liability company, partnership, sole proprietorship, or	15911
other entity engaged in business.	15912

(B)(1) Except as provided in division (B)(2) of this section,	15913
an individual who provided personal services to a public employer	15914
on or before January 7, 2013, but was not classified as a public	15915
employee may request from the public employees retirement board a	15916
determination of whether the individual should have been	15917
classified as a public employee for purposes of this chapter. The	15918
request shall be made on a form provided by the board.	15919

(2) Division (B)(1) of this section does not apply to an	15920
individual employed by a business entity under contract with a	15921
public employer to provide personal services to the employer.	15922

(C)(1) Not later than thirty days after January 7, 2013, the	15923
board shall notify each employer of the right of an individual	15924
described in division (B)(1) of this section to seek the	15925
determination described in that division. The notice shall be	15926
accompanied by copies of the form described in division (B)(1) of	15927
this section.	15928

(2) Not later than September 7, 2013, the employer shall send	15929
to each individual described in division (B)(1) of this section a	15930
copy of the form provided by the retirement system and written	15931
notice of the right to seek a determination of whether the	15932
individual should have been classified as a public employee. The	15933
notice shall be sent to the individual's last known address on	15934
record with the employer.	15935

(3) On receipt of a properly completed form, the board shall	15936
determine whether the individual should have been classified as a	15937
public employee. If the board determines that the individual is	15938
not a public employee with regard to the services in question, for	15939
the purposes of this chapter the individual shall be considered an	15940
independent contractor with regard to the services in question.	15941
The board's determination is final.	15942

(4) The board shall notify the individual and the employer of	15943
its determination. The determination shall apply to services	15944
performed before, on, or after January 7, 2013, for the same	15945
employer in the same capacity.	15946

(D) Regardless of whether an individual actually receives	15947
notice under this section, the request for a determination must be	15948
made not later than August 78, 2014, unless the individual can	15949
demonstrate to the board's satisfaction through medical records	15950
that on that date the individual was physically or mentally	15951
incapacitated and unable to request a determination.	15952

Sec. 145.22. (A) The public employees retirement board shall	15953
have prepared annually by or under the supervision of an actuary	15954
an actuarial valuation of the pension assets, liabilities, and	15955
funding requirements of the public employees retirement system as	15956
established pursuant to this chapter. The actuary shall complete	15957
the valuation in accordance with actuarial standards of practice	15958
promulgated by the actuarial standards board of the American	15959
academy of actuaries and prepare a report of the valuation. The	15960
report shall include all of the following:	15961

(1) A summary of the benefit provisions evaluated;

15962

(2) A summary of the census data and financial information	15963
used in the valuation;	15964

(3) A description of the actuarial assumptions, actuarial	15965
cost method, and asset valuation method used in the valuation,	15966
including a statement of the assumed rate of payroll growth and	15967
assumed rate of growth or decline in the number of members	15968
contributing to the retirement system;	15969

(4) A summary of findings that includes a statement of the	15970
actuarial accrued pension liabilities and unfunded actuarial	15971
accrued pension liabilities;	15972

(5) A schedule showing the effect of any changes in the	15973
benefit provisions, actuarial assumptions, or cost methods since	15974
the last annual actuarial valuation;	15975

(6) A statement of whether contributions to the retirement	15976
system are expected to be sufficient to satisfy the funding	15977
objectives established by the board.	15978

The board shall submit the report to the Ohio retirement	15979
study council, the director of budget and management, and the	15980
standing committees of the house of representatives and the senate	15981
with primary responsibility for retirement legislation immediately	15982
upon its availability and not later than the first day of	15983
September following the year for which the valuation was made.	15984

(B) At such time as the public employees retirement board	15985
determines, and at least once in each five-year period, the board	15986
shall have prepared by or under the supervision of an actuary an	15987
actuarial investigation of the mortality, service, and other	15988
experience of the members, retirants, contributors, and	15989
beneficiaries of the system to update the actuarial assumptions	15990
used in the actuarial valuation required by division (A) of this	15991
section. The actuary shall prepare a report of the actuarial	15992
investigation. The report shall be prepared and any recommended	15993
changes in actuarial assumptions shall be made in accordance with	15994
the actuarial standards of practice promulgated by the actuarial	15995
standards board of the American academy of actuaries. The report	15996
shall include all of the following:	15997

(1) A summary of relevant decrement and economic assumption	15998
experience observed over the period of the investigation;	15999

(2) Recommended changes in actuarial assumptions to be used	16000
in subsequent actuarial valuations required by division (A) of	16001
this section;	16002

(3) A measurement of the financial effect of the recommended	16003
changes in actuarial assumptions.	16004

The board shall submit the report to the Ohio retirement	16005
study council and the standing committees of the house of	16006
representatives and the senate with primary responsibility for	16007
retirement legislation not later than the first day of November	16008
following the last fiscal year of the period the report covers.	16009

(C) The board may at any time request the actuary to make any	16010
studies or actuarial valuations to determine the adequacy of the	16011
contribution rate determined under section 145.48 of the Revised	16012
Code, and those rates may be adjusted by the board, as recommended	16013
by the actuary, effective as of the first of any year thereafter.	16014

(D) The board shall have prepared by or under the supervision	16015
of an actuary an actuarial analysis of any introduced legislation	16016
expected to have a measurable financial impact on the retirement	16017
system. The actuarial analysis shall be completed in accordance	16018
with the actuarial standards of practice promulgated by the	16019
actuarial standards board of the American academy of actuaries.	16020
The actuary shall prepare a report of the actuarial analysis,	16021
which shall include all of the following:	16022

(1) A summary of the statutory changes that are being	16023
evaluated;	16024

(2) A description of or reference to the actuarial	16025
assumptions and actuarial cost method used in the report;	16026

(3) A description of the participant group or groups included	16027
in the report;	16028

(4) A statement of the financial impact of the legislation,	16029
including the resulting increase, if any, in the employer normal	16030
cost percentage; the increase, if any, in actuarial accrued	16031
liabilities; and the per cent of payroll that would be required to	16032
amortize the increase in actuarial accrued liabilities as a level	16033
per cent of covered payroll for all active members over a period	16034
not to exceed thirty years;	16035

(5) A statement of whether the scheduled contributions to the	16036
system after the proposed change is enacted are expected to be	16037
sufficient to satisfy the funding objectives established by the	16038
board.	16039

Not later than sixty days from the date of introduction of	16040
the legislation, the board shall submit a copy of the actuarial	16041
analysis to the legislative service commission, the standing	16042
committees of the house of representatives and the senate with	16043
primary responsibility for retirement legislation, and the Ohio	16044
retirement study council.	16045

(E) The board shall have prepared annually a report giving a	16046
full accounting of the revenues and costs relating to the	16047
provision of benefits under sections 145.58 and 145.584 of the	16048
Revised Code. The report shall be made as of December 31, 1997,	16049
and the thirty-first day of December of each year thereafter. The	16050
report shall include the following:	16051

(1) A description of the statutory authority for the benefits	16052
provided;	16053

(2) A summary of the benefits;

16054

(3) A summary of the eligibility requirements for the	16055
benefits;	16056

(4) A statement of the number of participants eligible for	16057
the benefits;	16058

(5) A description of the accounting, asset valuation, and	16059
funding method used to provide the benefits;	16060

(6) A statement of the net assets available for the provision	16061
of the benefits as of the last day of the fiscal year;	16062

(7) A statement of any changes in the net assets available	16063
for the provision of benefits, including participant and employer	16064
contributions, net investment income, administrative expenses, and	16065
benefits provided to participants, as of the last day of the	16066
fiscal year;	16067

(8) For the last six consecutive fiscal years, a schedule of	16068
the net assets available for the benefits, the annual cost of	16069
benefits, administrative expenses incurred, and annual employer	16070
contributions allocated for the provision of benefits;	16071

(9) A description of any significant changes that affect the	16072
comparability of the report required under this division;	16073

(10) A statement of the amount paid under division (C) of	16074
section 145.58 of the Revised Code.	16075

The board shall submit the report to the Ohio retirement	16076
study council, the director of budget and management, and the	16077
standing committees of the house of representatives and the senate	16078
with primary responsibility for retirement legislation immediately	16079
upon its availability and not later than the thirtieth day of June	16080
following the year for which the report was made.	16081

Sec. 149.01. Each elective state officer, the adjutant	16082
general, the adult parole authority, the department of	16083
agriculture, the director of administrative services, the public	16084
utilities commission, the superintendent of insurance, the	16085
superintendent of financial institutions, the superintendent of	16086
purchases and printing, the fire marshal, the industrial	16087
commission, the administrator of workers' compensation, the state	16088
department of transportation, the department of health, the state	16089
medical board, the state dental board, the board of embalmers and	16090
funeral directors, the Ohio commission for the blind, the	16091
accountancy board of Ohio, the state council of uniform state	16092
laws, the board of commissioners of the sinking fund, the	16093
department of taxation, the board of tax appeals, the division of	16094
liquor control, the director of state armories, the trustees of	16095
the Ohio state university, and every private or quasi-public	16096
institution, association, board, or corporation receiving state	16097
money for its use and purpose shall make annually, at the end of	16098
each fiscal year, in quadruplicate, a report of the transactions	16099
and proceedings of that office or department for that fiscal year,	16100
excepting receipts and disbursements unless otherwise specifically	16101
required by law. The report shall contain a summary of the	16102
official acts of the officer, board, council, commission,	16103
institution, association, or corporation and any suggestions and	16104
recommendations that are proper. ~~On the first day of August of~~	16105
~~each year, one~~	16106

One of the reports shall be filed with the governor, one with	16107
the secretary of state, and one with the state library, and one	16108
shall be kept on file in the office of the officer, board,	16109
council, commission, institution, association, or corporation. The	16110
reports shall be so filed by the first day of August, except that	16111
the report of the treasurer of state shall be so filed by the	16112
thirty-first day of December.	16113

Sec. 149.12. The state library board shall forward, free of	16114
charge, in a paper or electronic format, one copy of each	16115
legislative bulletin, daily house and senate journal, pamphlet law	16116
as described in section 149.09 of the Revised Code, and summary of	16117
enactments published by the legislative service commission, to the	16118
following libraries:	16119

(A) Each library within the state that has been designated by	16120
the state library board under section 149.11 of the Revised Code	16121
as a depository for state publications;	16122

(B) In each county containing no library described in	16123
division (A) of this section, to a public library designated by	16124
the state library board to receive the journals, bulletins, and	16125
summaries described in this section. The state library board shall	16126
designate libraries that can best preserve the publications and	16127
are so located geographically that they can make the publications	16128
conveniently accessible to the residents of the county.	16129

The state library board shall forward the daily house and	16130
senate journals once every week while the general assembly is in	16131
session and the legislative bulletin, each pamphlet law, and the	16132
summary of enactments as they are published.	16133

Each library receiving publications under this section or	16134
under section 149.09 of the Revised Code shall make these	16135
publications accessible to the public.	16136

Sec. 149.307. There is hereby created in the state treasury	16137
the Ohio history license plate contribution fund. The fund shall	16138
consist of the contributions that are paid to the registrar of	16139
motor vehicles by applicants who choose to obtain "Ohio history"	16140
license plates pursuant to section 4503.95 of the Revised Code.	16141

The contributions deposited in the fund shall be used by the	16142
Ohio historical society to provide grants to historical	16143
organizations located in this state. An organization that receives	16144
a grant under this section shall use the grant only to host	16145
exhibits and increase access to its collection by the public.	16146

The society shall establish and administer all aspects of the	16147
grant program, including eligibility requirements for receiving a	16148
grant under the program.	16149

Not later than the last business day of January of each year,	16150
the society shall prepare and submit to the general assembly a	16151
written report, detailing all aspects of the grant program during	16152
the immediately preceding calendar year.	16153

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

16154

(1) "Historic building" means a building, including its	16155
structural components, that is located in this state and that is	16156
either individually listed on the national register of historic	16157
places under 16 U.S.C. 470a, located in a registered historic	16158
district, and certified by the state historic preservation officer	16159
as being of historic significance to the district, or is	16160
individually listed as an historic landmark designated by a local	16161
government certified under 16 U.S.C. 470a(c).	16162

(2) "Qualified rehabilitation expenditures" means	16163
expenditures paid or incurred during the rehabilitation period,	16164
and before and after that period as determined under 26 U.S.C. 47,	16165
by an owner or qualified lessee of an historic building to	16166
rehabilitate the building. "Qualified rehabilitation expenditures"	16167
includes architectural or engineering fees paid or incurred in	16168
connection with the rehabilitation, and expenses incurred in the	16169
preparation of nomination forms for listing on the national	16170
register of historic places. "Qualified rehabilitation	16171
expenditures" does not include any of the following:	16172

(a) The cost of acquiring, expanding, or enlarging an	16173
historic building;	16174

(b) Expenditures attributable to work done to facilities	16175
related to the building, such as parking lots, sidewalks, and	16176
landscaping;	16177

16178

(3) "Owner" of an historic building means a person holding	16179
the fee simple interest in the building. "Owner" does not include	16180
the state or a state agency, or any political subdivision as	16181
defined in section 9.23 of the Revised Code.	16182

(4) "Qualified lessee" means a person subject to a lease	16183
agreement for aan historic building and eligible for the federal	16184
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	16185
does not include the state or a state agency or political	16186
subdivision as defined in section 9.23 of the Revised Code.	16187

(5) "Certificate owner" means the owner or qualified lessee	16188
of an historic building to which a rehabilitation tax credit	16189
certificate was issued under this section.	16190

(6) "Registered historic district" means an historic district	16191
listed in the national register of historic places under 16 U.S.C.	16192
470a, an historic district designated by a local government	16193
certified under 16 U.S.C. 470a(c), or a local historic district	16194
certified under 36 C.F.R. 67.8 and 67.9.	16195

(7) "Rehabilitation" means the process of repairing or	16196
altering an historic building or buildings, making possible an	16197
efficient use while preserving those portions and features of the	16198
building and its site and environment that are significant to its	16199
historic, architectural, and cultural values.	16200

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

16201

(a) If the rehabilitation initially was not planned to be	16202
completed in stages, a period chosen by the owner or qualified	16203
lessee not to exceed twenty-four months during which	16204
rehabilitation occurs;	16205

(b) If the rehabilitation initially was planned to be	16206
completed in stages, a period chosen by the owner or qualified	16207
lessee not to exceed sixty months during which rehabilitation	16208
occurs. Each stage shall be reviewed as a phase of a	16209
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	16210
successor to that section.	16211

(9) "State historic preservation officer" or "officer" means	16212
the state historic preservation officer appointed by the governor	16213
under 16 U.S.C. 470a.	16214

(B) The owner or qualified lessee of an historic building may	16215
apply to the director of development services for a rehabilitation	16216
tax credit certificate for qualified rehabilitation expenditures	16217
paid or incurred by such owner or qualified lessee after April 4,	16218
2007, for rehabilitation of an historic building. If the owner of	16219
aan historic building enters a pass-through agreement with a	16220
qualified lessee for the purposes of the federal rehabilitation	16221
tax credit under 26 U.S.C. 47, the qualified rehabilitation	16222
expenditures paid or incurred by the owner after April 4, 2007,	16223
~~shall~~may be attributed to the qualified lessee.	16224

The form and manner of filing such applications shall be	16225
prescribed by rule of the director. Each application shall state	16226
the amount of qualified rehabilitation expenditures the applicant	16227
estimates will be paid or incurred. The director may require	16228
applicants to furnish documentation of such estimates.	16229

The director, after consultation with the tax commissioner	16230
and in accordance with Chapter 119. of the Revised Code, shall	16231
adopt rules that establish all of the following:	16232

(1) Forms and procedures by which applicants may apply for	16233
rehabilitation tax credit certificates;	16234

(2) Criteria for reviewing, evaluating, and approving	16235
applications for certificates within the limitations under	16236
division (D) of this section, criteria for assuring that the	16237
certificates issued encompass a mixture of high and low qualified	16238
rehabilitation expenditures, and criteria for issuing certificates	16239
under division (C)(3)(b) of this section;	16240

(3) Eligibility requirements for obtaining a certificate	16241
under this section;	16242

(4) The form of rehabilitation tax credit certificates;

16243

(5) Reporting requirements and monitoring procedures;

16244

(6) Procedures and criteria for conducting cost-benefit	16245
analyses of historic buildings that are the subjects of	16246
applications filed under this section. The purpose of a	16247
cost-benefit analysis shall be to determine whether rehabilitation	16248
of the historic building will result in a net revenue gain in	16249
state and local taxes once the building is used.	16250

(7) Any other rules necessary to implement and administer	16251
this section.	16252

(C) The director of development services shall review the	16253
applications with the assistance of the state historic	16254
preservation officer and determine whether all of the following	16255
criteria are met:	16256

(1) That the building that is the subject of the application	16257
is an historic building and the applicant is the owner or	16258
qualified lessee of the building;	16259

(2) That the rehabilitation will satisfy standards prescribed	16260
by the United States secretary of the interior under 16 U.S.C.	16261
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	16262
that section;	16263

(3) That receiving a rehabilitation tax credit certificate	16264
under this section is a major factor in:	16265

(a) The applicant's decision to rehabilitate the historic	16266
building; or	16267

(b) To increase the level of investment in such	16268
rehabilitation.	16269

An applicant shall demonstrate to the satisfaction of the	16270
state historic preservation officer and director of development	16271
services that the rehabilitation will satisfy the standards	16272
described in division (C)(2) of this section before the applicant	16273
begins the physical rehabilitation of the historic building.	16274

(D)(1) If the director of development services determines	16275
that an application meets the criteria in divisions (C)(1), (2),	16276
and (3) of this section, the director shall conduct a cost-benefit	16277
analysis for the historic building that is the subject of the	16278
application to determine whether rehabilitation of the historic	16279
building will result in a net revenue gain in state and local	16280
taxes once the building is used. The director shall consider the	16281
results of the cost-benefit analysis in determining whether to	16282
approve the application. The director shall also consider the	16283
potential economic impact and the regional distributive balance of	16284
the credits throughout the state. The director may approve an	16285
application only after completion of the cost-benefit analysis.	16286

(2) A rehabilitation tax credit certificate shall not be	16287
issued for an amount greater than the estimated amount furnished	16288
by the applicant on the application for such certificate and	16289
approved by the director. The director shall not approve more than	16290
a total of sixty million dollars of rehabilitation tax credits per	16291
fiscal year but the director may reallocate unused tax credits	16292
from a prior fiscal year for new applicants and such reallocated	16293
credits shall not apply toward the dollar limit of this division.	16294

(3) For rehabilitations with a rehabilitation period not	16295
exceeding twenty-four months as provided in division (A)(7)(a) of	16296
this section, a rehabilitation tax credit certificate shall not be	16297
issued before the rehabilitation of the historic building is	16298
completed.	16299

(4) For rehabilitations with a rehabilitation period not	16300
exceeding sixty months as provided in division (A)(7)(b) of this	16301
section, a rehabilitation tax credit certificate shall not be	16302
issued before a stage of rehabilitation is completed. After all	16303
stages of rehabilitation are completed, if the director cannot	16304
determine that the criteria in division (C) of this section are	16305
satisfied for all stages of rehabilitations, the director shall	16306
certify this finding to the tax commissioner, and any	16307
rehabilitation tax credits received by the applicant shall be	16308
repaid by the applicant and may be collected by assessment as	16309
unpaid tax by the commissioner.	16310

(5) The director of development services shall require the	16311
applicant to provide a third-party cost certification by a	16312
certified public accountant of the actual costs attributed to the	16313
rehabilitation of the historic building when qualified	16314
rehabilitation expenditures exceed two hundred thousand dollars.	16315

If an applicant whose application is approved for receipt of	16316
a rehabilitation tax credit certificate fails to provide to the	16317
director sufficient evidence of reviewable progress, including a	16318
viable financial plan, copies of final construction drawings, and	16319
evidence that the applicant has obtained all historic approvals	16320
within twelve months after the date the applicant received	16321
notification of approval, and if the applicant fails to provide	16322
evidence to the director that the applicant has secured and closed	16323
on financing for the rehabilitation within eighteen months after	16324
receiving notification of approval, the director may rescind the	16325
approval of the application. The director shall notify the	16326
applicant if the approval has been rescinded. Credits that would	16327
have been available to an applicant whose approval was rescinded	16328
shall be available for other qualified applicants. Nothing in this	16329
division prohibits an applicant whose approval has been rescinded	16330
from submitting a new application for a rehabilitation tax credit	16331
certificate.	16332

(E) Issuance of a certificate represents a finding by the	16333
director of development services of the matters described in	16334
divisions (C)(1), (2), and (3) of this section only; issuance of a	16335
certificate does not represent a verification or certification by	16336
the director of the amount of qualified rehabilitation	16337
expenditures for which a tax credit may be claimed under section	16338
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76, or	16339
5751.55 of the Revised Code. The amount of qualified	16340
rehabilitation expenditures for which a tax credit may be claimed	16341
is subject to inspection and examination by the tax commissioner	16342
or employees of the commissioner under section 5703.19 of the	16343
Revised Code and any other applicable law. Upon the issuance of a	16344
certificate, the director shall certify to the tax commissioner,	16345
in the form and manner requested by the tax commissioner, the name	16346
of the applicant, the amount of qualified rehabilitation	16347
expenditures shown on the certificate, and any other information	16348
required by the rules adopted under this section.	16349

(F)(1) On or before the first day of April each year, the	16350
director of development services and tax commissioner jointly	16351
shall submit to the president of the senate and the speaker of the	16352
house of representatives a report on the tax credit program	16353
established under this section and sections 5725.151, 5725.34,	16354
5726.52, 5729.17, 5733.47, ~~and~~ 5747.76, and 5751.55 of the Revised	16355
Code. The report shall present an overview of the program and	16356
shall include information on the number of rehabilitation tax	16357
credit certificates issued under this section during the preceding	16358
fiscal year, an update on the status of each historic building for	16359
which an application was approved under this section, the dollar	16360
amount of the tax credits granted under sections 5725.151,	16361
5725.34, 5726.52, 5729.17, 5733.47, ~~and~~ 5747.76, and 5751.55 of	16362
the Revised Code, and any other information the director and	16363
commissioner consider relevant to the topics addressed in the	16364
report.	16365

(2) On or before December 1, 2015, the director of	16366
development services and tax commissioner jointly shall submit to	16367
the president of the senate and the speaker of the house of	16368
representatives a comprehensive report that includes the	16369
information required by division (F)(1) of this section and a	16370
detailed analysis of the effectiveness of issuing tax credits for	16371
rehabilitating historic buildings. The report shall be prepared	16372
with the assistance of an economic research organization jointly	16373
chosen by the director and commissioner.	16374

(G) There is hereby created in the state treasury the	16375
historic rehabilitation tax credit operating fund. The director of	16376
development services is authorized to charge reasonable	16377
application and other fees in connection with the administration	16378
of tax credits authorized by this section and sections 5725.151,	16379
5725.34, 5726.52, 5729.17, 5733.44, ~~and~~ 5747.76, and 5751.55 of	16380
the Revised Code. Any such fees collected shall be credited to the	16381
fund and used to pay reasonable costs incurred by the department	16382
of development services in administering this section and sections	16383
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, ~~and~~ 5747.76, and	16384
5751.55 of the Revised Code.	16385

The Ohio historic preservation office is authorized to charge	16386
reasonable fees in connection with its review and approval of	16387
applications under this section. Any such fees collected shall be	16388
credited to the fund and used to pay administrative costs incurred	16389
by the Ohio historic preservation office pursuant to this section.	16390

Sec. 149.43. (A) As used in this section:

16391

(1) "Public record" means records kept by any public office,	16392
including, but not limited to, state, county, city, village,	16393
township, and school district units, and records pertaining to the	16394
delivery of educational services by an alternative school in this	16395
state kept by the nonprofit or for-profit entity operating the	16396
alternative school pursuant to section 3313.533 of the Revised	16397
Code. "Public record" does not mean any of the following:	16398

(a) Medical records;

16399

(b) Records pertaining to probation and parole proceedings or	16400
to proceedings related to the imposition of community control	16401
sanctions and post-release control sanctions;	16402

(c) Records pertaining to actions under section 2151.85 and	16403
division (C) of section 2919.121 of the Revised Code and to	16404
appeals of actions arising under those sections;	16405

(d) Records pertaining to adoption proceedings, including the	16406
contents of an adoption file maintained by the department of	16407
health under section 3705.12 of the Revised Code;	16408

(e) Information in a record contained in the putative father	16409
registry established by section 3107.062 of the Revised Code,	16410
regardless of whether the information is held by the department of	16411
job and family services or, pursuant to section 3111.69 of the	16412
Revised Code, the office of child support in the department or a	16413
child support enforcement agency;	16414

(f) Records listed in division (A) of section 3107.42 of the	16415
Revised Code or specified in division (A) of section 3107.52 of	16416
the Revised Code;	16417

(g) Trial preparation records;

16418

(h) Confidential law enforcement investigatory records;

16419

(i) Records containing information that is confidential under	16420
section 2710.03 or 4112.05 of the Revised Code;	16421

(j) DNA records stored in the DNA database pursuant to	16422
section 109.573 of the Revised Code;	16423

(k) Inmate records released by the department of	16424
rehabilitation and correction to the department of youth services	16425
or a court of record pursuant to division (E) of section 5120.21	16426
of the Revised Code;	16427

(l) Records maintained by the department of youth services	16428
pertaining to children in its custody released by the department	16429
of youth services to the department of rehabilitation and	16430
correction pursuant to section 5139.05 of the Revised Code;	16431

(m) Intellectual property records;

16432

(n) Donor profile records;

16433

(o) Records maintained by the department of job and family	16434
services pursuant to section 3121.894 of the Revised Code;	16435

(p) Peace officer, parole officer, probation officer,	16436
bailiff, prosecuting attorney, assistant prosecuting attorney,	16437
correctional employee, community-based correctional facility	16438
employee, youth services employee, firefighter, EMT, or	16439
investigator of the bureau of criminal identification and	16440
investigation residential and familial information;	16441

(q) In the case of a county hospital operated pursuant to	16442
Chapter 339. of the Revised Code or a municipal hospital operated	16443
pursuant to Chapter 749. of the Revised Code, information that	16444
constitutes a trade secret, as defined in section 1333.61 of the	16445
Revised Code;	16446

(r) Information pertaining to the recreational activities of	16447
a person under the age of eighteen;	16448

(s) Records provided to, statements made by review board	16449
members during meetings of, and all work products of a child	16450
fatality review board acting under sections 307.621 to 307.629 of	16451
the Revised Code, and child fatality review data submitted by the	16452
child fatality review board to the department of health or a	16453
national child death review database, other than the report	16454
prepared pursuant to division (A) of section 307.626 of the	16455
Revised Code;	16456

(t) Records provided to and statements made by the executive	16457
director of a public children services agency or a prosecuting	16458
attorney acting pursuant to section 5153.171 of the Revised Code	16459
other than the information released under that section;	16460

(u) Test materials, examinations, or evaluation tools used in	16461
an examination for licensure as a nursing home administrator that	16462
the board of ~~examiners~~executives of ~~nursing home administrators~~	16463
long-term services and supports administers under section 4751.04	16464
of the Revised Code or contracts under that section with a private	16465
or government entity to administer;	16466

(v) Records the release of which is prohibited by state or	16467
federal law;	16468

(w) Proprietary information of or relating to any person that	16469
is submitted to or compiled by the Ohio venture capital authority	16470
created under section 150.01 of the Revised Code;	16471

(x) ~~Information reported and evaluations conducted pursuant~~	16472
~~to section 3701.072 of the Revised Code;~~	16473

~~(y)~~ Financial statements and data any person submits for any	16474
purpose to the Ohio housing finance agency or the controlling	16475
board in connection with applying for, receiving, or accounting	16476
for financial assistance from the agency, and information that	16477
identifies any individual who benefits directly or indirectly from	16478
financial assistance from the agency;	16479

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

16480

~~(aa)~~(z) Discharges recorded with a county recorder under	16481
section 317.24 of the Revised Code, as specified in division	16482
(B)(2) of that section;	16483

~~(bb)~~(aa) Usage information including names and addresses of	16484
specific residential and commercial customers of a municipally	16485
owned or operated public utility;	16486

~~(cc)~~(bb) Records described in division (C) of section 187.04	16487
of the Revised Code that are not designated to be made available	16488
to the public as provided in that division.	16489

(2) "Confidential law enforcement investigatory record" means	16490
any record that pertains to a law enforcement matter of a	16491
criminal, quasi-criminal, civil, or administrative nature, but	16492
only to the extent that the release of the record would create a	16493
high probability of disclosure of any of the following:	16494

(a) The identity of a suspect who has not been charged with	16495
the offense to which the record pertains, or of an information	16496
source or witness to whom confidentiality has been reasonably	16497
promised;	16498

(b) Information provided by an information source or witness	16499
to whom confidentiality has been reasonably promised, which	16500
information would reasonably tend to disclose the source's or	16501
witness's identity;	16502

(c) Specific confidential investigatory techniques or	16503
procedures or specific investigatory work product;	16504

(d) Information that would endanger the life or physical	16505
safety of law enforcement personnel, a crime victim, a witness, or	16506
a confidential information source.	16507

(3) "Medical record" means any document or combination of	16508
documents, except births, deaths, and the fact of admission to or	16509
discharge from a hospital, that pertains to the medical history,	16510
diagnosis, prognosis, or medical condition of a patient and that	16511
is generated and maintained in the process of medical treatment.	16512

(4) "Trial preparation record" means any record that contains	16513
information that is specifically compiled in reasonable	16514
anticipation of, or in defense of, a civil or criminal action or	16515
proceeding, including the independent thought processes and	16516
personal trial preparation of an attorney.	16517

(5) "Intellectual property record" means a record, other than	16518
a financial or administrative record, that is produced or	16519
collected by or for faculty or staff of a state institution of	16520
higher learning in the conduct of or as a result of study or	16521
research on an educational, commercial, scientific, artistic,	16522
technical, or scholarly issue, regardless of whether the study or	16523
research was sponsored by the institution alone or in conjunction	16524
with a governmental body or private concern, and that has not been	16525
publicly released, published, or patented.	16526

(6) "Donor profile record" means all records about donors or	16527
potential donors to a public institution of higher education	16528
except the names and reported addresses of the actual donors and	16529
the date, amount, and conditions of the actual donation.	16530

(7) "Peace officer, parole officer, probation officer,	16531
bailiff, prosecuting attorney, assistant prosecuting attorney,	16532
correctional employee, community-based correctional facility	16533
employee, youth services employee, firefighter, EMT, or	16534
investigator of the bureau of criminal identification and	16535
investigation residential and familial information" means any	16536
information that discloses any of the following about a peace	16537
officer, parole officer, probation officer, bailiff, prosecuting	16538
attorney, assistant prosecuting attorney, correctional employee,	16539
community-based correctional facility employee, youth services	16540
employee, firefighter, EMT, or investigator of the bureau of	16541
criminal identification and investigation:	16542

(a) The address of the actual personal residence of a peace	16543
officer, parole officer, probation officer, bailiff, assistant	16544
prosecuting attorney, correctional employee, community-based	16545
correctional facility employee, youth services employee,	16546
firefighter, EMT, or an investigator of the bureau of criminal	16547
identification and investigation, except for the state or	16548
political subdivision in which the peace officer, parole officer,	16549
probation officer, bailiff, assistant prosecuting attorney,	16550
correctional employee, community-based correctional facility	16551
employee, youth services employee, firefighter, EMT, or	16552
investigator of the bureau of criminal identification and	16553
investigation resides;	16554

(b) Information compiled from referral to or participation in	16555
an employee assistance program;	16556

(c) The social security number, the residential telephone	16557
number, any bank account, debit card, charge card, or credit card	16558
number, or the emergency telephone number of, or any medical	16559
information pertaining to, a peace officer, parole officer,	16560
probation officer, bailiff, prosecuting attorney, assistant	16561
prosecuting attorney, correctional employee, community-based	16562
correctional facility employee, youth services employee,	16563
firefighter, EMT, or investigator of the bureau of criminal	16564
identification and investigation;	16565

(d) The name of any beneficiary of employment benefits,	16566
including, but not limited to, life insurance benefits, provided	16567
to a peace officer, parole officer, probation officer, bailiff,	16568
prosecuting attorney, assistant prosecuting attorney, correctional	16569
employee, community-based correctional facility employee, youth	16570
services employee, firefighter, EMT, or investigator of the bureau	16571
of criminal identification and investigation by the peace	16572
officer's, parole officer's, probation officer's, bailiff's,	16573
prosecuting attorney's, assistant prosecuting attorney's,	16574
correctional employee's, community-based correctional facility	16575
employee's, youth services employee's, firefighter's, EMT's, or	16576
investigator of the bureau of criminal identification and	16577
investigation's employer;	16578

(e) The identity and amount of any charitable or employment	16579
benefit deduction made by the peace officer's, parole officer's,	16580
probation officer's, bailiff's, prosecuting attorney's, assistant	16581
prosecuting attorney's, correctional employee's, community-based	16582
correctional facility employee's, youth services employee's,	16583
firefighter's, EMT's, or investigator of the bureau of criminal	16584
identification and investigation's employer from the peace	16585
officer's, parole officer's, probation officer's, bailiff's,	16586
prosecuting attorney's, assistant prosecuting attorney's,	16587
correctional employee's, community-based correctional facility	16588
employee's, youth services employee's, firefighter's, EMT's, or	16589
investigator of the bureau of criminal identification and	16590
investigation's compensation unless the amount of the deduction is	16591
required by state or federal law;	16592

(f) The name, the residential address, the name of the	16593
employer, the address of the employer, the social security number,	16594
the residential telephone number, any bank account, debit card,	16595
charge card, or credit card number, or the emergency telephone	16596
number of the spouse, a former spouse, or any child of a peace	16597
officer, parole officer, probation officer, bailiff, prosecuting	16598
attorney, assistant prosecuting attorney, correctional employee,	16599
community-based correctional facility employee, youth services	16600
employee, firefighter, EMT, or investigator of the bureau of	16601
criminal identification and investigation;	16602

(g) A photograph of a peace officer who holds a position or	16603
has an assignment that may include undercover or plain clothes	16604
positions or assignments as determined by the peace officer's	16605
appointing authority.	16606

As used in divisions (A)(7) and (B)(9) of this section,	16607
"peace officer" has the same meaning as in section 109.71 of the	16608
Revised Code and also includes the superintendent and troopers of	16609
the state highway patrol; it does not include the sheriff of a	16610
county or a supervisory employee who, in the absence of the	16611
sheriff, is authorized to stand in for, exercise the authority of,	16612
and perform the duties of the sheriff.	16613

As used in divisions (A)(7) and (B)(5) of this section,	16614
"correctional employee" means any employee of the department of	16615
rehabilitation and correction who in the course of performing the	16616
employee's job duties has or has had contact with inmates and	16617
persons under supervision.	16618

As used in divisions (A)(7) and (B)(5) of this section,	16619
"youth services employee" means any employee of the department of	16620
youth services who in the course of performing the employee's job	16621
duties has or has had contact with children committed to the	16622
custody of the department of youth services.	16623

As used in divisions (A)(7) and (B)(9) of this section,	16624
"firefighter" means any regular, paid or volunteer, member of a	16625
lawfully constituted fire department of a municipal corporation,	16626
township, fire district, or village.	16627

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	16628
means EMTs-basic, EMTs-I, and paramedics that provide emergency	16629
medical services for a public emergency medical service	16630
organization. "Emergency medical service organization,"	16631
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	16632
section 4765.01 of the Revised Code.	16633

As used in divisions (A)(7) and (B)(9) of this section,	16634
"investigator of the bureau of criminal identification and	16635
investigation" has the meaning defined in section 2903.11 of the	16636
Revised Code.	16637

(8) "Information pertaining to the recreational activities of	16638
a person under the age of eighteen" means information that is kept	16639
in the ordinary course of business by a public office, that	16640
pertains to the recreational activities of a person under the age	16641
of eighteen years, and that discloses any of the following:	16642

(a) The address or telephone number of a person under the age	16643
of eighteen or the address or telephone number of that person's	16644
parent, guardian, custodian, or emergency contact person;	16645

(b) The social security number, birth date, or photographic	16646
image of a person under the age of eighteen;	16647

(c) Any medical record, history, or information pertaining to	16648
a person under the age of eighteen;	16649

(d) Any additional information sought or required about a	16650
person under the age of eighteen for the purpose of allowing that	16651
person to participate in any recreational activity conducted or	16652
sponsored by a public office or to use or obtain admission	16653
privileges to any recreational facility owned or operated by a	16654
public office.	16655

(9) "Community control sanction" has the same meaning as in	16656
section 2929.01 of the Revised Code.	16657

(10) "Post-release control sanction" has the same meaning as	16658
in section 2967.01 of the Revised Code.	16659

(11) "Redaction" means obscuring or deleting any information	16660
that is exempt from the duty to permit public inspection or	16661
copying from an item that otherwise meets the definition of a	16662
"record" in section 149.011 of the Revised Code.	16663

(12) "Designee" and "elected official" have the same meanings	16664
as in section 109.43 of the Revised Code.	16665

(B)(1) Upon request and subject to division (B)(8) of this	16666
section, all public records responsive to the request shall be	16667
promptly prepared and made available for inspection to any person	16668
at all reasonable times during regular business hours. Subject to	16669
division (B)(8) of this section, upon request, a public office or	16670
person responsible for public records shall make copies of the	16671
requested public record available at cost and within a reasonable	16672
period of time. If a public record contains information that is	16673
exempt from the duty to permit public inspection or to copy the	16674
public record, the public office or the person responsible for the	16675
public record shall make available all of the information within	16676
the public record that is not exempt. When making that public	16677
record available for public inspection or copying that public	16678
record, the public office or the person responsible for the public	16679
record shall notify the requester of any redaction or make the	16680
redaction plainly visible. A redaction shall be deemed a denial of	16681
a request to inspect or copy the redacted information, except if	16682
federal or state law authorizes or requires a public office to	16683
make the redaction.	16684

(2) To facilitate broader access to public records, a public	16685
office or the person responsible for public records shall organize	16686
and maintain public records in a manner that they can be made	16687
available for inspection or copying in accordance with division	16688
(B) of this section. A public office also shall have available a	16689
copy of its current records retention schedule at a location	16690
readily available to the public. If a requester makes an ambiguous	16691
or overly broad request or has difficulty in making a request for	16692
copies or inspection of public records under this section such	16693
that the public office or the person responsible for the requested	16694
public record cannot reasonably identify what public records are	16695
being requested, the public office or the person responsible for	16696
the requested public record may deny the request but shall provide	16697
the requester with an opportunity to revise the request by	16698
informing the requester of the manner in which records are	16699
maintained by the public office and accessed in the ordinary	16700
course of the public office's or person's duties.	16701

(3) If a request is ultimately denied, in part or in whole,	16702
the public office or the person responsible for the requested	16703
public record shall provide the requester with an explanation,	16704
including legal authority, setting forth why the request was	16705
denied. If the initial request was provided in writing, the	16706
explanation also shall be provided to the requester in writing.	16707
The explanation shall not preclude the public office or the person	16708
responsible for the requested public record from relying upon	16709
additional reasons or legal authority in defending an action	16710
commenced under division (C) of this section.	16711

(4) Unless specifically required or authorized by state or	16712
federal law or in accordance with division (B) of this section, no	16713
public office or person responsible for public records may limit	16714
or condition the availability of public records by requiring	16715
disclosure of the requester's identity or the intended use of the	16716
requested public record. Any requirement that the requester	16717
disclose the requestor's identity or the intended use of the	16718
requested public record constitutes a denial of the request.	16719

(5) A public office or person responsible for public records	16720
may ask a requester to make the request in writing, may ask for	16721
the requester's identity, and may inquire about the intended use	16722
of the information requested, but may do so only after disclosing	16723
to the requester that a written request is not mandatory and that	16724
the requester may decline to reveal the requester's identity or	16725
the intended use and when a written request or disclosure of the	16726
identity or intended use would benefit the requester by enhancing	16727
the ability of the public office or person responsible for public	16728
records to identify, locate, or deliver the public records sought	16729
by the requester.	16730

(6) If any person chooses to obtain a copy of a public record	16731
in accordance with division (B) of this section, the public office	16732
or person responsible for the public record may require that	16733
person to pay in advance the cost involved in providing the copy	16734
of the public record in accordance with the choice made by the	16735
person seeking the copy under this division. The public office or	16736
the person responsible for the public record shall permit that	16737
person to choose to have the public record duplicated upon paper,	16738
upon the same medium upon which the public office or person	16739
responsible for the public record keeps it, or upon any other	16740
medium upon which the public office or person responsible for the	16741
public record determines that it reasonably can be duplicated as	16742
an integral part of the normal operations of the public office or	16743
person responsible for the public record. When the person seeking	16744
the copy makes a choice under this division, the public office or	16745
person responsible for the public record shall provide a copy of	16746
it in accordance with the choice made by the person seeking the	16747
copy. Nothing in this section requires a public office or person	16748
responsible for the public record to allow the person seeking a	16749
copy of the public record to make the copies of the public record.	16750

(7) Upon a request made in accordance with division (B) of	16751
this section and subject to division (B)(6) of this section, a	16752
public office or person responsible for public records shall	16753
transmit a copy of a public record to any person by United States	16754
mail or by any other means of delivery or transmission within a	16755
reasonable period of time after receiving the request for the	16756
copy. The public office or person responsible for the public	16757
record may require the person making the request to pay in advance	16758
the cost of postage if the copy is transmitted by United States	16759
mail or the cost of delivery if the copy is transmitted other than	16760
by United States mail, and to pay in advance the costs incurred	16761
for other supplies used in the mailing, delivery, or transmission.	16762

Any public office may adopt a policy and procedures that it	16763
will follow in transmitting, within a reasonable period of time	16764
after receiving a request, copies of public records by United	16765
States mail or by any other means of delivery or transmission	16766
pursuant to this division. A public office that adopts a policy	16767
and procedures under this division shall comply with them in	16768
performing its duties under this division.	16769

In any policy and procedures adopted under this division, a	16770
public office may limit the number of records requested by a	16771
person that the office will transmit by United States mail to ten	16772
per month, unless the person certifies to the office in writing	16773
that the person does not intend to use or forward the requested	16774
records, or the information contained in them, for commercial	16775
purposes. For purposes of this division, "commercial" shall be	16776
narrowly construed and does not include reporting or gathering	16777
news, reporting or gathering information to assist citizen	16778
oversight or understanding of the operation or activities of	16779
government, or nonprofit educational research.	16780

(8) A public office or person responsible for public records	16781
is not required to permit a person who is incarcerated pursuant to	16782
a criminal conviction or a juvenile adjudication to inspect or to	16783
obtain a copy of any public record concerning a criminal	16784
investigation or prosecution or concerning what would be a	16785
criminal investigation or prosecution if the subject of the	16786
investigation or prosecution were an adult, unless the request to	16787
inspect or to obtain a copy of the record is for the purpose of	16788
acquiring information that is subject to release as a public	16789
record under this section and the judge who imposed the sentence	16790
or made the adjudication with respect to the person, or the	16791
judge's successor in office, finds that the information sought in	16792
the public record is necessary to support what appears to be a	16793
justiciable claim of the person.	16794

(9)(a) Upon written request made and signed by a journalist	16795
on or after December 16, 1999, a public office, or person	16796
responsible for public records, having custody of the records of	16797
the agency employing a specified peace officer, parole officer,	16798
probation officer, bailiff, prosecuting attorney, assistant	16799
prosecuting attorney, correctional employee, community-based	16800
correctional facility employee, youth services employee,	16801
firefighter, EMT, or investigator of the bureau of criminal	16802
identification and investigation shall disclose to the journalist	16803
the address of the actual personal residence of the peace officer,	16804
parole officer, probation officer, bailiff, prosecuting attorney,	16805
assistant prosecuting attorney, correctional employee,	16806
community-based correctional facility employee, youth services	16807
employee, firefighter, EMT, or investigator of the bureau of	16808
criminal identification and investigation and, if the peace	16809
officer's, parole officer's, probation officer's, bailiff's,	16810
prosecuting attorney's, assistant prosecuting attorney's,	16811
correctional employee's, community-based correctional facility	16812
employee's, youth services employee's, firefighter's, EMT's, or	16813
investigator of the bureau of criminal identification and	16814
investigation's spouse, former spouse, or child is employed by a	16815
public office, the name and address of the employer of the peace	16816
officer's, parole officer's, probation officer's, bailiff's,	16817
prosecuting attorney's, assistant prosecuting attorney's,	16818
correctional employee's, community-based correctional facility	16819
employee's, youth services employee's, firefighter's, EMT's, or	16820
investigator of the bureau of criminal identification and	16821
investigation's spouse, former spouse, or child. The request shall	16822
include the journalist's name and title and the name and address	16823
of the journalist's employer and shall state that disclosure of	16824
the information sought would be in the public interest.	16825

(b) Division (B)(9)(a) of this section also applies to	16826
journalist requests for customer information maintained by a	16827
municipally owned or operated public utility, other than social	16828
security numbers and any private financial information such as	16829
credit reports, payment methods, credit card numbers, and bank	16830
account information.	16831

(c) As used in division (B)(9) of this section, "journalist"	16832
means a person engaged in, connected with, or employed by any news	16833
medium, including a newspaper, magazine, press association, news	16834
agency, or wire service, a radio or television station, or a	16835
similar medium, for the purpose of gathering, processing,	16836
transmitting, compiling, editing, or disseminating information for	16837
the general public.	16838

(C)(1) If a person allegedly is aggrieved by the failure of a	16839
public office or the person responsible for public records to	16840
promptly prepare a public record and to make it available to the	16841
person for inspection in accordance with division (B) of this	16842
section or by any other failure of a public office or the person	16843
responsible for public records to comply with an obligation in	16844
accordance with division (B) of this section, the person allegedly	16845
aggrieved may commence a mandamus action to obtain a judgment that	16846
orders the public office or the person responsible for the public	16847
record to comply with division (B) of this section, that awards	16848
court costs and reasonable attorney's fees to the person that	16849
instituted the mandamus action, and, if applicable, that includes	16850
an order fixing statutory damages under division (C)(1) of this	16851
section. The mandamus action may be commenced in the court of	16852
common pleas of the county in which division (B) of this section	16853
allegedly was not complied with, in the supreme court pursuant to	16854
its original jurisdiction under Section 2 of Article IV, Ohio	16855
Constitution, or in the court of appeals for the appellate	16856
district in which division (B) of this section allegedly was not	16857
complied with pursuant to its original jurisdiction under Section	16858
3 of Article IV, Ohio Constitution.	16859

If a requestor transmits a written request by hand delivery	16860
or certified mail to inspect or receive copies of any public	16861
record in a manner that fairly describes the public record or	16862
class of public records to the public office or person responsible	16863
for the requested public records, except as otherwise provided in	16864
this section, the requestor shall be entitled to recover the	16865
amount of statutory damages set forth in this division if a court	16866
determines that the public office or the person responsible for	16867
public records failed to comply with an obligation in accordance	16868
with division (B) of this section.	16869

The amount of statutory damages shall be fixed at one hundred	16870
dollars for each business day during which the public office or	16871
person responsible for the requested public records failed to	16872
comply with an obligation in accordance with division (B) of this	16873
section, beginning with the day on which the requester files a	16874
mandamus action to recover statutory damages, up to a maximum of	16875
one thousand dollars. The award of statutory damages shall not be	16876
construed as a penalty, but as compensation for injury arising	16877
from lost use of the requested information. The existence of this	16878
injury shall be conclusively presumed. The award of statutory	16879
damages shall be in addition to all other remedies authorized by	16880
this section.	16881

The court may reduce an award of statutory damages or not	16882
award statutory damages if the court determines both of the	16883
following:	16884

(a) That, based on the ordinary application of statutory law	16885
and case law as it existed at the time of the conduct or	16886
threatened conduct of the public office or person responsible for	16887
the requested public records that allegedly constitutes a failure	16888
to comply with an obligation in accordance with division (B) of	16889
this section and that was the basis of the mandamus action, a	16890
well-informed public office or person responsible for the	16891
requested public records reasonably would believe that the conduct	16892
or threatened conduct of the public office or person responsible	16893
for the requested public records did not constitute a failure to	16894
comply with an obligation in accordance with division (B) of this	16895
section;	16896

(b) That a well-informed public office or person responsible	16897
for the requested public records reasonably would believe that the	16898
conduct or threatened conduct of the public office or person	16899
responsible for the requested public records would serve the	16900
public policy that underlies the authority that is asserted as	16901
permitting that conduct or threatened conduct.	16902

(2)(a) If the court issues a writ of mandamus that orders the	16903
public office or the person responsible for the public record to	16904
comply with division (B) of this section and determines that the	16905
circumstances described in division (C)(1) of this section exist,	16906
the court shall determine and award to the relator all court	16907
costs.	16908

(b) If the court renders a judgment that orders the public	16909
office or the person responsible for the public record to comply	16910
with division (B) of this section, the court may award reasonable	16911
attorney's fees subject to reduction as described in division	16912
(C)(2)(c) of this section. The court shall award reasonable	16913
attorney's fees, subject to reduction as described in division	16914
(C)(2)(c) of this section when either of the following applies:	16915

(i) The public office or the person responsible for the	16916
public records failed to respond affirmatively or negatively to	16917
the public records request in accordance with the time allowed	16918
under division (B) of this section.	16919

(ii) The public office or the person responsible for the	16920
public records promised to permit the relator to inspect or	16921
receive copies of the public records requested within a specified	16922
period of time but failed to fulfill that promise within that	16923
specified period of time.	16924

(c) Court costs and reasonable attorney's fees awarded under	16925
this section shall be construed as remedial and not punitive.	16926
Reasonable attorney's fees shall include reasonable fees incurred	16927
to produce proof of the reasonableness and amount of the fees and	16928
to otherwise litigate entitlement to the fees. The court may	16929
reduce an award of attorney's fees to the relator or not award	16930
attorney's fees to the relator if the court determines both of the	16931
following:	16932

(i) That, based on the ordinary application of statutory law	16933
and case law as it existed at the time of the conduct or	16934
threatened conduct of the public office or person responsible for	16935
the requested public records that allegedly constitutes a failure	16936
to comply with an obligation in accordance with division (B) of	16937
this section and that was the basis of the mandamus action, a	16938
well-informed public office or person responsible for the	16939
requested public records reasonably would believe that the conduct	16940
or threatened conduct of the public office or person responsible	16941
for the requested public records did not constitute a failure to	16942
comply with an obligation in accordance with division (B) of this	16943
section;	16944

(ii) That a well-informed public office or person responsible	16945
for the requested public records reasonably would believe that the	16946
conduct or threatened conduct of the public office or person	16947
responsible for the requested public records as described in	16948
division (C)(2)(c)(i) of this section would serve the public	16949
policy that underlies the authority that is asserted as permitting	16950
that conduct or threatened conduct.	16951

(D) Chapter 1347. of the Revised Code does not limit the	16952
provisions of this section.	16953

(E)(1) To ensure that all employees of public offices are	16954
appropriately educated about a public office's obligations under	16955
division (B) of this section, all elected officials or their	16956
appropriate designees shall attend training approved by the	16957
attorney general as provided in section 109.43 of the Revised	16958
Code. In addition, all public offices shall adopt a public records	16959
policy in compliance with this section for responding to public	16960
records requests. In adopting a public records policy under this	16961
division, a public office may obtain guidance from the model	16962
public records policy developed and provided to the public office	16963
by the attorney general under section 109.43 of the Revised Code.	16964
Except as otherwise provided in this section, the policy may not	16965
limit the number of public records that the public office will	16966
make available to a single person, may not limit the number of	16967
public records that it will make available during a fixed period	16968
of time, and may not establish a fixed period of time before it	16969
will respond to a request for inspection or copying of public	16970
records, unless that period is less than eight hours.	16971

(2) The public office shall distribute the public records	16972
policy adopted by the public office under division (E)(1) of this	16973
section to the employee of the public office who is the records	16974
custodian or records manager or otherwise has custody of the	16975
records of that office. The public office shall require that	16976
employee to acknowledge receipt of the copy of the public records	16977
policy. The public office shall create a poster that describes its	16978
public records policy and shall post the poster in a conspicuous	16979
place in the public office and in all locations where the public	16980
office has branch offices. The public office may post its public	16981
records policy on the internet web site of the public office if	16982
the public office maintains an internet web site. A public office	16983
that has established a manual or handbook of its general policies	16984
and procedures for all employees of the public office shall	16985
include the public records policy of the public office in the	16986
manual or handbook.	16987

(F)(1) The bureau of motor vehicles may adopt rules pursuant	16988
to Chapter 119. of the Revised Code to reasonably limit the number	16989
of bulk commercial special extraction requests made by a person	16990
for the same records or for updated records during a calendar	16991
year. The rules may include provisions for charges to be made for	16992
bulk commercial special extraction requests for the actual cost of	16993
the bureau, plus special extraction costs, plus ten per cent. The	16994
bureau may charge for expenses for redacting information, the	16995
release of which is prohibited by law.	16996

(2) As used in division (F)(1) of this section:

16997

(a) "Actual cost" means the cost of depleted supplies,	16998
records storage media costs, actual mailing and alternative	16999
delivery costs, or other transmitting costs, and any direct	17000
equipment operating and maintenance costs, including actual costs	17001
paid to private contractors for copying services.	17002

(b) "Bulk commercial special extraction request" means a	17003
request for copies of a record for information in a format other	17004
than the format already available, or information that cannot be	17005
extracted without examination of all items in a records series,	17006
class of records, or ~~data base~~database by a person who intends to	17007
use or forward the copies for surveys, marketing, solicitation, or	17008
resale for commercial purposes. "Bulk commercial special	17009
extraction request" does not include a request by a person who	17010
gives assurance to the bureau that the person making the request	17011
does not intend to use or forward the requested copies for	17012
surveys, marketing, solicitation, or resale for commercial	17013
purposes.	17014

(c) "Commercial" means profit-seeking production, buying, or	17015
selling of any good, service, or other product.	17016

(d) "Special extraction costs" means the cost of the time	17017
spent by the lowest paid employee competent to perform the task,	17018
the actual amount paid to outside private contractors employed by	17019
the bureau, or the actual cost incurred to create computer	17020
programs to make the special extraction. "Special extraction	17021
costs" include any charges paid to a public agency for computer or	17022
records services.	17023

(3) For purposes of divisions (F)(1) and (2) of this section,	17024
"surveys, marketing, solicitation, or resale for commercial	17025
purposes" shall be narrowly construed and does not include	17026
reporting or gathering news, reporting or gathering information to	17027
assist citizen oversight or understanding of the operation or	17028
activities of government, or nonprofit educational research.	17029

Sec. 149.431. (A) Except as provided in sections 9.833 and	17030
~~2744.08~~2744.081 of the Revised Code, any governmental entity or	17031
agency and any nonprofit corporation or association, except a	17032
corporation organized pursuant to Chapter 1719. of the Revised	17033
Code prior to January 1, 1980 or organized pursuant to Chapter	17034
3941. of the Revised Code, that enters into a contract or other	17035
agreement with the federal government, a unit of state government,	17036
or a political subdivision or taxing unit of this state for the	17037
provision of services shall keep accurate and complete financial	17038
records of any moneys expended in relation to the performance of	17039
the services pursuant to such contract or agreement according to	17040
generally accepted accounting principles. Such contract or	17041
agreement and such financial records shall be deemed to be public	17042
records as defined in division (A)(1) of section 149.43 of the	17043
Revised Code and are subject to the requirements of division (B)	17044
of that section, except that:	17045

(1) Any information directly or indirectly identifying a	17046
present or former individual patient or client or such an	17047
individual patient's or client's diagnosis, prognosis, or medical	17048
treatment, treatment for a mental or emotional disorder, treatment	17049
for mental retardation or a developmental disability, treatment	17050
for drug abuse or alcoholism, or counseling for personal or social	17051
problems is not a public record;	17052

(2) If disclosure of the contract or agreement or financial	17053
records is requested at a time when confidential professional	17054
services are being provided to a patient or client whose	17055
confidentiality might be violated if disclosure were made at that	17056
time, disclosure may be deferred if reasonable times are	17057
established when the contract or agreement or financial records	17058
will be disclosed.	17059

(3) Any nonprofit corporation or association that receives	17060
both public and private funds in fulfillment of any such contract	17061
or other agreement is not required to keep as public records the	17062
financial records of any private funds expended in relation to the	17063
performance of services pursuant to the contract or agreement.	17064

(B) Any nonprofit corporation or association that receives	17065
more than fifty per cent of its gross receipts excluding moneys	17066
received pursuant to Title XVIII of the "Social Security Act," 49	17067
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	17068
fulfillment of a contract or other agreement for services with a	17069
governmental entity shall maintain information setting forth the	17070
compensation of any individual serving the nonprofit corporation	17071
or association in an executive or administrative capacity. Such	17072
information shall be deemed to be public records as defined in	17073
division (A)(1) of section 149.43 of the Revised Code and is	17074
subject to the requirements of division (B) of that section.	17075

Nothing in this section shall be construed to otherwise limit	17076
the provisions of section 149.43 of the Revised Code.	17077

Sec. 149.54. In order to ensure that archaeological survey	17078
and salvage work on public lands, dedicated archaeological	17079
preserves, and registered state archaeological landmarks is	17080
conducted in a scientific manner, the director of the Ohio	17081
historical society shall, in consultation with the Ohio	17082
archaeological council and the archaeological society of Ohio,	17083
adopt and may amend or rescind rules, in accordance with Chapter	17084
119. of the Revised Code, prescribing minimum education, training,	17085
and experience requirements for personnel in charge of or	17086
otherwise engaging in archaeological survey and salvage work, and	17087
prescribing scientific methods for undertaking such activities.	17088

No person shall engage in archaeological survey or salvage	17089
work on any land that is owned, controlled, or administered by the	17090
state or any political subdivision of the state, or at any	17091
archaeological preserve, dedicated under section 149.52 of the	17092
Revised Code, ~~or at any state archaeological landmark registered~~	17093
~~under section 149.51 of the Revised Code,~~ without first obtaining	17094
the written permission of the director. To obtain permission, the	17095
applicant shall submit written application to the director, which	17096
application shall indicate the proposed location, the	17097
qualifications of personnel who will be engaged in the	17098
archaeological survey or salvage work, the proposed methods of	17099
survey or salvage, and such other information as the director	17100
requires by rule.	17101

The director shall deny the applicant permission to engage in	17102
archaeological survey or salvage work at the proposed location if	17103
the applicant's proposed undertaking will not comply with the	17104
rules adopted under this section. The director shall by written	17105
order approve or deny permission to disturb the site. If the	17106
director decides to deny permission, the order shall state the	17107
reasons for denial, and the director shall afford the applicant an	17108
adjudication hearing under Chapter 119. of the Revised Code. The	17109
requirements of this section and of any rule adopted pursuant to	17110
this section shall not apply to any department, agency, unit,	17111
instrumentality, or political subdivision of the state.	17112

Whoever violates this section is guilty of a misdemeanor of	17113
the second degree. Whoever violates or threatens to violate this	17114
section may be enjoined from violation.	17115

Sec. 151.11. (A) As used in this section:

17116

(1) "Costs of sites and facilities" includes related direct	17117
administrative expenses and allocable portions of the direct costs	17118
of those projects. "Costs of sites and facilities" includes	17119
"allowable costs" as defined in section 122.085 of the Revised	17120
Code.	17121

(2) "Obligations" means obligations as defined in section	17122
151.01 of the Revised Code issued to pay costs of sites and	17123
facilities in Ohio for and in support of industry, commerce,	17124
distribution, and research and development purposes as referred to	17125
in division (A)(3) of Section 2p of Article VIII, Ohio	17126
Constitution.	17127

(B) The issuing authority shall issue general obligations of	17128
the state to pay costs of sites and facilities pursuant to	17129
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	17130
section 151.01 of the Revised Code, and this section. The issuing	17131
authority shall issue obligations in the amount determined by the	17132
issuing authority to be required for those purposes. The total	17133
principal amount of obligations issued under this section shall	17134
not exceed one hundred fifty million dollars.	17135

(C) Net proceeds of obligations shall be deposited into the	17136
job ready site development fund created by section 122.0820 of the	17137
Revised Code.	17138

(D) There is hereby created in the state treasury the job	17139
ready site development bond service fund. All moneys received by	17140
the state and required by the bond proceedings, consistent with	17141
section 151.01 of the Revised Code and this section, to be	17142
deposited, transferred, or credited to the bond service fund, and	17143
all other moneys transferred or allocated to or received for the	17144
purposes of that fund, shall be deposited and credited to the bond	17145
service fund, subject to any applicable provisions of the bond	17146
proceedings, but without necessity for any act of appropriation.	17147
During the period beginning with the date of the first issuance of	17148
obligations and continuing during the time that any obligations	17149
are outstanding in accordance with their terms, so long as moneys	17150
in the bond service fund are insufficient to pay debt service when	17151
due on those obligations payable from that fund, except the	17152
principal amounts of bond anticipation notes payable from the	17153
proceeds of renewal notes or bonds anticipated, and due in the	17154
particular fiscal year, a sufficient amount of revenues of the	17155
state is committed and, without necessity for further act of	17156
appropriation, shall be paid to the bond service fund for the	17157
purpose of paying that debt service when due. All investment	17158
earnings on the cash balance in the fund shall be credited to the	17159
fund.	17160

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	17161
152.33 of the Revised Code:	17162

(1) "Obligations" means bonds, notes, or other evidences of	17163
obligation, including interest coupons pertaining thereto, issued	17164
pursuant to sections 152.09 to 152.33 of the Revised Code.	17165

(2) "State agencies" means the state of Ohio and branches,	17166
officers, boards, commissions, authorities, departments,	17167
divisions, courts, general assembly, or other units or agencies of	17168
the state. "State agency" also includes counties, municipal	17169
corporations, and governmental entities of this state that enter	17170
into leases with the Ohio building authority pursuant to section	17171
152.31 of the Revised Code or that are designated by law as state	17172
agencies for the purpose of performing a state function that is to	17173
be housed by a capital facility for which the Ohio building	17174
authority is authorized to issue revenue obligations pursuant to	17175
sections 152.09 to 152.33 of the Revised Code.	17176

(3) "Bond service charges" means principal, including	17177
mandatory sinking fund requirements for retirement of obligations,	17178
and interest, and redemption premium, if any, required to be paid	17179
by the Ohio building authority on obligations.	17180

(4) "Capital facilities" means buildings, structures, and	17181
other improvements, and equipment, real estate, and interests in	17182
real estate therefor, within the state, and any one, part of, or	17183
combination of the foregoing, for housing of branches and agencies	17184
of state government, including capital facilities for the purpose	17185
of housing personnel, equipment, or functions, or any combination	17186
thereof that the state agencies are responsible for housing, for	17187
which the Ohio building authority is authorized to issue	17188
obligations pursuant to Chapter 152. of the Revised Code, and	17189
includes storage and parking facilities related to such capital	17190
facilities. For purposes of sections 152.10 to 152.15 of the	17191
Revised Code, "capital facilities" includes community or technical	17192
college capital facilities.	17193

(5) "Cost of capital facilities" means the costs of	17194
assessing, planning, acquiring, constructing, reconstructing,	17195
rehabilitating, remodeling, renovating, enlarging, improving,	17196
altering, maintaining, equipping, furnishing, repairing, painting,	17197
decorating, managing, or operating capital facilities, and the	17198
financing thereof, including the cost of clearance and preparation	17199
of the site and of any land to be used in connection with capital	17200
facilities, the cost of participating in capital facilities	17201
pursuant to section 152.33 of the Revised Code, the cost of any	17202
indemnity and surety bonds and premiums on insurance, all related	17203
direct administrative expenses and allocable portions of direct	17204
costs of the authority and lessee state agencies, cost of	17205
engineering and architectural services, designs, plans,	17206
specifications, surveys, and estimates of cost, legal fees, fees	17207
and expenses of trustees, depositories, and paying agents for the	17208
obligations, cost of issuance of the obligations and financing	17209
charges and fees and expenses of financial advisers and	17210
consultants in connection therewith, interest on obligations from	17211
the date thereof to the time when interest is to be covered from	17212
sources other than proceeds of obligations, amounts that represent	17213
the portion of investment earnings to be rebated or to be paid to	17214
the federal government in order to maintain the exclusion from	17215
gross income for federal income tax purposes of interest on those	17216
obligations pursuant to section 148(f) of the Internal Revenue	17217
Code, amounts necessary to establish reserves as required by the	17218
resolutions or the obligations, trust agreements, or indentures,	17219
costs of audits, the reimbursement of all moneys advanced or	17220
applied by or borrowed from any governmental entity, whether to or	17221
by the authority or others, from whatever source provided, for the	17222
payment of any item or items of cost of the capital facilities,	17223
any share of the cost undertaken by the authority pursuant to	17224
arrangements made with governmental entities under division (J) of	17225
section 152.21 of the Revised Code, and all other expenses	17226
necessary or incident to assessing, planning, or determining the	17227
feasibility or practicability with respect to capital facilities,	17228
and such other expenses as may be necessary or incident to the	17229
assessment, planning, acquisition, construction, reconstruction,	17230
rehabilitation, remodeling, renovation, enlargement, improvement,	17231
alteration, maintenance, equipment, furnishing, repair, painting,	17232
decoration, management, or operation of capital facilities, the	17233
financing thereof and the placing of the same in use and	17234
operation, including any one, part of, or combination of such	17235
classes of costs and expenses.	17236

(6) "Governmental entity" means any state agency, municipal	17237
corporation, county, township, school district, and any other	17238
political subdivision or special district in this state	17239
established pursuant to law, and, except where otherwise	17240
indicated, also means the United States or any of the states or	17241
any department, division, or agency thereof, and any agency,	17242
commission, or authority established pursuant to an interstate	17243
compact or agreement.	17244

(7) "Governing body" means:

17245

(a) In the case of a county, the board of county	17246
commissioners or other legislative authority; in the case of a	17247
municipal corporation, the legislative authority; in the case of a	17248
township, the board of township trustees; in the case of a school	17249
district, the board of education;	17250

(b) In the case of any other governmental entity, the	17251
officer, board, commission, authority, or other body having the	17252
general management of the entity or having jurisdiction or	17253
authority in the particular circumstances.	17254

(8) "Available receipts" means fees, charges, revenues,	17255
grants, subsidies, income from the investment of moneys, proceeds	17256
from the sale of goods or services, and all other revenues or	17257
receipts received by or on behalf of any state agency for which	17258
capital facilities are financed with obligations issued under	17259
Chapter 152. of the Revised Code, any state agency participating	17260
in capital facilities pursuant to section 152.33 of the Revised	17261
Code, or any state agency by which the capital facilities are	17262
constructed or financed; revenues or receipts derived by the	17263
authority from the operation, leasing, or other disposition of	17264
capital facilities, and the proceeds of obligations issued under	17265
Chapter 152. of the Revised Code; and also any moneys appropriated	17266
by a governmental entity, gifts, grants, donations, and pledges,	17267
and receipts therefrom, available for the payment of bond service	17268
charges on such obligations.	17269

(9) "Available community or technical college receipts" means	17270
all money received by a community or technical college or	17271
community or technical college district, including income,	17272
revenues, and receipts from the operation, ownership, or control	17273
of facilities, grants, gifts, donations, and pledges and receipts	17274
therefrom, receipts from fees and charges, the allocated state	17275
share of instruction as defined in section ~~3333.90~~3333.59 of the	17276
Revised Code, and the proceeds of the sale of obligations,	17277
including proceeds of obligations issued to refund obligations	17278
previously issued, but excluding any special fee, and receipts	17279
therefrom, charged pursuant to division (D) of section 154.21 of	17280
the Revised Code.	17281

(10) "Community or technical college," "college," "community	17282
or technical college district," and "district" have the same	17283
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17284

(11) "Community or technical college capital facilities"	17285
means auxiliary facilities, education facilities, and housing and	17286
dining facilities, as those terms are defined in section 3345.12	17287
of the Revised Code, to the extent permitted to be financed by the	17288
issuance of obligations under division (A)(2) of section 3357.112	17289
of the Revised Code, that are authorized by sections 3354.121,	17290
3357.112, and 3358.10 of the Revised Code to be financed by	17291
obligations issued by a community or technical college district,	17292
and for which the Ohio building authority is authorized to issue	17293
obligations pursuant to Chapter 152. of the Revised Code, and	17294
includes any one, part of, or any combination of the foregoing,	17295
and further includes site improvements, utilities, machinery,	17296
furnishings, and any separate or connected buildings, structures,	17297
improvements, sites, open space and green space areas, utilities,	17298
or equipment to be used in, or in connection with the operation or	17299
maintenance of, or supplementing or otherwise related to the	17300
services or facilities to be provided by, such facilities.	17301

(12) "Cost of community or technical college capital	17302
facilities" means the costs of acquiring, constructing,	17303
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17304
improving, equipping, or furnishing community or technical college	17305
capital facilities, and the financing thereof, including the cost	17306
of clearance and preparation of the site and of any land to be	17307
used in connection with community or technical college capital	17308
facilities, the cost of any indemnity and surety bonds and	17309
premiums on insurance, all related direct administrative expenses	17310
and allocable portions of direct costs of the authority, community	17311
or technical college or community or technical college district,	17312
cost of engineering, architectural services, design, plans,	17313
specifications and surveys, estimates of cost, legal fees, fees	17314
and expenses of trustees, depositories, bond registrars, and	17315
paying agents for the obligations, cost of issuance of the	17316
obligations and financing costs and fees and expenses of financial	17317
advisers and consultants in connection therewith, interest on the	17318
obligations from the date thereof to the time when interest is to	17319
be covered by available receipts or other sources other than	17320
proceeds of the obligations, amounts that represent the portion of	17321
investment earnings to be rebated or to be paid to the federal	17322
government in order to maintain the exclusion from gross income	17323
for federal income tax purposes of interest on those obligations	17324
pursuant to section 148(f) of the Internal Revenue Code, amounts	17325
necessary to establish reserves as required by the bond	17326
proceedings, costs of audits, the reimbursements of all moneys	17327
advanced or applied by or borrowed from the community or technical	17328
college, community or technical college district, or others, from	17329
whatever source provided, including any temporary advances from	17330
state appropriations, for the payment of any item or items of cost	17331
of community or technical college facilities, and all other	17332
expenses necessary or incident to planning or determining	17333
feasibility or practicability with respect to such facilities, and	17334
such other expenses as may be necessary or incident to the	17335
acquisition, construction, reconstruction, rehabilitation,	17336
remodeling, renovation, enlargement, improvement, equipment, and	17337
furnishing of community or technical college capital facilities,	17338
the financing thereof and the placing of them in use and	17339
operation, including any one, part of, or combination of such	17340
classes of costs and expenses.	17341

(B) Pursuant to the powers granted to the general assembly	17342
under Section 2i of Article VIII, Ohio Constitution, to authorize	17343
the issuance of revenue obligations and other obligations, the	17344
owners or holders of which are not given the right to have excises	17345
or taxes levied by the general assembly for the payment of	17346
principal thereof or interest thereon, the Ohio building authority	17347
may issue obligations, in accordance with Chapter 152. of the	17348
Revised Code, and shall cause the net proceeds thereof, after any	17349
deposits of accrued interest for the payment of bond service	17350
charges and after any deposit of all or such lesser portion as the	17351
authority may direct of the premium received upon the sale of	17352
those obligations for the payment of the bond service charges, to	17353
be applied to the costs of capital facilities designated by or	17354
pursuant to act of the general assembly for housing state agencies	17355
as authorized by Chapter 152. of the Revised Code. The authority	17356
shall provide by resolution for the issuance of such obligations.	17357
The bond service charges and all other payments required to be	17358
made by the trust agreement or indenture securing such obligations	17359
shall be payable solely from available receipts of the authority	17360
pledged thereto as provided in such resolution. The available	17361
receipts pledged and thereafter received by the authority are	17362
immediately subject to the lien of such pledge without any	17363
physical delivery thereof or further act, and the lien of any such	17364
pledge is valid and binding against all parties having claims of	17365
any kind against the authority, irrespective of whether those	17366
parties have notice thereof, and creates a perfected security	17367
interest for all purposes of Chapter 1309. of the Revised Code and	17368
a perfected lien for purposes of any real property interest, all	17369
without the necessity for separation or delivery of funds or for	17370
the filing or recording of the resolution, trust agreement,	17371
indenture, or other agreement by which such pledge is created or	17372
any certificate, statement, or other document with respect	17373
thereto; and the pledge of such available receipts is effective	17374
and the money therefrom and thereof may be applied to the purposes	17375
for which pledged. Every pledge, and every covenant and agreement	17376
made with respect to the pledge, made in the resolution may	17377
therein be extended to the benefit of the owners and holders of	17378
obligations authorized by Chapter 152. of the Revised Code, the	17379
net proceeds of which are to be applied to the costs of capital	17380
facilities, and to any trustee therefor, for the further securing	17381
of the payment of the bond service charges, and all or any rights	17382
under any agreement or lease made under this section may be	17383
assigned for such purpose. Obligations may be issued at one time	17384
or from time to time, and each issue shall be dated, shall mature	17385
at such time or times as determined by the authority not exceeding	17386
forty years from the date of issue, and may be redeemable before	17387
maturity at the option of the authority at such price or prices	17388
and under such terms and conditions as are fixed by the authority	17389
prior to the issuance of the obligations. The authority shall	17390
determine the form of the obligations, fix their denominations,	17391
establish their interest rate or rates, which may be a variable	17392
rate or rates, or the maximum interest rate, and establish within	17393
or without this state a place or places of payment of bond service	17394
charges.	17395

(C) The obligations shall be signed by the authority	17396
chairperson, vice-chairperson, and secretary-treasurer, and the	17397
authority seal shall be affixed. The signatures may be facsimile	17398
signatures and the seal affixed may be a facsimile seal, as	17399
provided by resolution of the authority. Any coupons attached may	17400
bear the facsimile signature of the chairperson. In case any	17401
officer who has signed any obligations, or caused the officer's	17402
facsimile signature to be affixed thereto, ceases to be such	17403
officer before such obligations have been delivered, such	17404
obligations may, nevertheless, be issued and delivered as though	17405
the person who had signed the obligations or caused the person's	17406
facsimile signature to be affixed thereto had not ceased to be	17407
such officer.	17408

Any obligations may be executed on behalf of the authority by	17409
an officer who, on the date of execution, is the proper officer	17410
although on the date of such obligations such person was not the	17411
proper officer.	17412

(D) All obligations issued by the authority shall have all	17413
the qualities and incidents of negotiable instruments and may be	17414
issued in coupon or in registered form, or both, as the authority	17415
determines. Provision may be made for the registration of any	17416
obligations with coupons attached thereto as to principal alone or	17417
as to both principal and interest, their exchange for obligations	17418
so registered, and for the conversion or reconversion into	17419
obligations with coupons attached thereto of any obligations	17420
registered as to both principal and interest, and for reasonable	17421
charges for such registration, exchange, conversion, and	17422
reconversion. The authority may sell its obligations in any manner	17423
and for such prices as it determines, except that the authority	17424
shall sell obligations sold at public or private sale in	17425
accordance with section 152.091 of the Revised Code.	17426

(E) The obligations of the authority, principal, interest,	17427
and any proceeds from their sale or transfer, are exempt from all	17428
taxation within this state.	17429

(F) The authority is authorized to issue revenue obligations	17430
and other obligations under Section 2i of Article VIII, Ohio	17431
Constitution, for the purpose of paying the cost of capital	17432
facilities for housing of branches and agencies of state	17433
government, including capital facilities for the purpose of	17434
housing personnel, equipment, or functions, or any combination	17435
thereof that the state agencies are responsible for housing, as	17436
are authorized by Chapter 152. of the Revised Code, and that are	17437
authorized by the general assembly by the appropriation of lease	17438
payments or other moneys for such capital facilities or by any	17439
other act of the general assembly, but not including the	17440
appropriation of moneys for feasibility studies for such capital	17441
facilities. This division does not authorize the authority to	17442
issue obligations pursuant to Section 2i of Article VIII, Ohio	17443
Constitution, to pay the cost of capital facilities for mental	17444
hygiene and retardation, parks and recreation, or state-supported	17445
or state-assisted institutions of higher education.	17446

(G) The authority is authorized to issue revenue obligations	17447
under Section 2i of Article VIII, Ohio Constitution, on behalf of	17448
a community or technical college district and shall cause the net	17449
proceeds thereof, after any deposits of accrued interest for the	17450
payment of bond service charges and after any deposit of all or	17451
such lesser portion as the authority may direct of the premium	17452
received upon the sale of those obligations for the payment of the	17453
bond service charges, to be applied to the cost of community or	17454
technical college capital facilities, provided that the issuance	17455
of such obligations is subject to the execution of a written	17456
agreement in accordance with division (C) of section ~~3333.90~~	17457
3333.59 of the Revised Code for the withholding and depositing of	17458
funds otherwise due the district, or the college it operates, in	17459
respect of its allocated state share of instruction.	17460

The authority shall provide by resolution for the issuance of	17461
such obligations. The bond service charges and all other payments	17462
required to be made by the trust agreement or indenture securing	17463
the obligations shall be payable solely from available community	17464
or technical college receipts pledged thereto as provided in the	17465
resolution. The available community or technical college receipts	17466
pledged and thereafter received by the authority are immediately	17467
subject to the lien of such pledge without any physical delivery	17468
thereof or further act, and the lien of any such pledge is valid	17469
and binding against all parties having claims of any kind against	17470
the authority, irrespective of whether those parties have notice	17471
thereof, and creates a perfected security interest for all	17472
purposes of Chapter 1309. of the Revised Code and a perfected lien	17473
for purposes of any real property interest, all without the	17474
necessity for separation or delivery of funds or for the filing or	17475
recording of the resolution, trust agreement, indenture, or other	17476
agreement by which such pledge is created or any certificate,	17477
statement, or other document with respect thereto; and the pledge	17478
of such available community or technical college receipts is	17479
effective and the money therefrom and thereof may be applied to	17480
the purposes for which pledged. Every pledge, and every covenant	17481
and agreement made with respect to the pledge, made in the	17482
resolution may therein be extended to the benefit of the owners	17483
and holders of obligations authorized by this division, and to any	17484
trustee therefor, for the further securing of the payment of the	17485
bond service charges, and all or any rights under any agreement or	17486
lease made under this section may be assigned for such purpose.	17487
Obligations may be issued at one time or from time to time, and	17488
each issue shall be dated, shall mature at such time or times as	17489
determined by the authority not exceeding forty years from the	17490
date of issue, and may be redeemable before maturity at the option	17491
of the authority at such price or prices and under such terms and	17492
conditions as are fixed by the authority prior to the issuance of	17493
the obligations. The authority shall determine the form of the	17494
obligations, fix their denominations, establish their interest	17495
rate or rates, which may be a variable rate or rates, or the	17496
maximum interest rate, and establish within or without this state	17497
a place or places of payment of bond service charges.	17498

Sec. 153.692. For every design-build contract, the public	17499
authority planning to contract for design-build services shall	17500
first obtain the services of a criteria architect or engineer by	17501
doing either of the following:	17502

(A) Contracting for the services consistent with sections	17503
153.65 to 153.70 of the Revised Code;	17504

(B) Obtaining the services through an architect or engineer	17505
who is an employee of the public authority and notifying the	17506
~~department of administrative services~~Ohio facilities construction	17507
commission before the services are performed.	17508

Sec. 154.01. As used in this chapter:

17509

(A) "Commission" means the Ohio public facilities commission	17510
created in section 151.02 of the Revised Code.	17511

(B) "Obligations" means bonds, notes, or other evidences of	17512
obligation, including interest coupons pertaining thereto, issued	17513
pursuant to Chapter 154. of the Revised Code.	17514

(C) "Bond proceedings" means the order or orders, resolution	17515
or resolutions, trust agreement, indenture, lease, and other	17516
agreements, amendments and supplements to the foregoing, or any	17517
combination thereof, authorizing or providing for the terms and	17518
conditions applicable to, or providing for the security of,	17519
obligations issued pursuant to Chapter 154. of the Revised Code,	17520
and the provisions contained in such obligations.	17521

(D) "State agencies" means the state of Ohio and officers,	17522
boards, commissions, departments, divisions, or other units or	17523
agencies of the state.	17524

(E) "Governmental agency" means state agencies, state	17525
supported and assisted institutions of higher education, municipal	17526
corporations, counties, townships, school districts, and any other	17527
political subdivision or special district in this state	17528
established pursuant to law, and, except where otherwise	17529
indicated, also means the United States or any department,	17530
division, or agency thereof, and any agency, commission, or	17531
authority established pursuant to an interstate compact or	17532
agreement.	17533

(F) "Institutions of higher education" and "state supported	17534
or state assisted institutions of higher education" means the	17535
state universities identified in section 3345.011 of the Revised	17536
Code, the northeast Ohio medical university, state universities or	17537
colleges at any time created, community college districts,	17538
university branch districts, and technical college districts at	17539
any time established or operating under Chapter 3354., 3355., or	17540
3357. of the Revised Code, and other institutions for education,	17541
including technical education, beyond the high school, receiving	17542
state support or assistance for their expenses of operation.	17543

(G) "Governing body" means:

17544

(1) In the case of institutions of higher education, the	17545
board of trustees, board of directors, commission, or other body	17546
vested by law with the general management, conduct, and control of	17547
one or more institutions of higher education;	17548

(2) In the case of a county, the board of county	17549
commissioners or other legislative body; in the case of a	17550
municipal corporation, the council or other legislative body; in	17551
the case of a township, the board of township trustees; in the	17552
case of a school district, the board of education;	17553

(3) In the case of any other governmental agency, the	17554
officer, board, commission, authority or other body having the	17555
general management thereof or having jurisdiction or authority in	17556
the particular circumstances.	17557

(H) "Person" means any person, firm, partnership,	17558
association, or corporation.	17559

(I) "Bond service charges" means principal, including	17560
mandatory sinking fund requirements for retirement of obligations,	17561
and interest, and redemption premium, if any, required to be paid	17562
by the state on obligations. If not prohibited by the applicable	17563
bond proceedings, bond service charges may include costs relating	17564
to credit enhancement facilities that are related to and	17565
represent, or are intended to provide a source of payment of or	17566
limitation on, other bond service charges.	17567

(J) "Capital facilities" means buildings, structures, and	17568
other improvements, and equipment, real estate, and interests in	17569
real estate therefor, within the state, and any one, part of, or	17570
combination of the foregoing, to serve the general purposes for	17571
which the issuing authority is authorized to issue obligations	17572
pursuant to Chapter 154. of the Revised Code, including, but not	17573
limited to, drives, roadways, parking facilities, walks, lighting,	17574
machinery, furnishings, utilities, landscaping, wharves, docks,	17575
piers, reservoirs, dams, tunnels, bridges, retaining walls,	17576
riprap, culverts, ditches, channels, watercourses, retention	17577
basins, standpipes and water storage facilities, waste treatment	17578
and disposal facilities, heating, air conditioning and	17579
communications facilities, inns, lodges, cabins, camping sites,	17580
golf courses, boat and bathing facilities, athletic and	17581
recreational facilities, and site improvements.	17582

(K) "Costs of capital facilities" means the costs of	17583
acquiring, constructing, reconstructing, rehabilitating,	17584
remodeling, renovating, enlarging, improving, equipping, or	17585
furnishing capital facilities, and the financing thereof,	17586
including the cost of clearance and preparation of the site and of	17587
any land to be used in connection with capital facilities, the	17588
cost of any indemnity and surety bonds and premiums on insurance,	17589
all related direct administrative expenses and allocable portions	17590
of direct costs of the commission or issuing authority and	17591
department of administrative services, or other designees of the	17592
commission under section 154.17 of the Revised Code, cost of	17593
engineering and architectural services, designs, plans,	17594
specifications, surveys, and estimates of cost, legal fees, fees	17595
and expenses of trustees, depositories, and paying agents for the	17596
obligations, cost of issuance of the obligations and financing	17597
charges and fees and expenses of financial advisers and	17598
consultants in connection therewith, interest on obligations,	17599
including but not limited to, interest from the date of their	17600
issuance to the time when interest is to be covered from sources	17601
other than proceeds of obligations, amounts necessary to establish	17602
reserves as required by the bond proceedings, costs of audits, the	17603
reimbursement of all moneys advanced or applied by or borrowed	17604
from any governmental agency, whether to or by the commission or	17605
others, from whatever source provided, for the payment of any item	17606
or items of cost of the capital facilities, any share of the cost	17607
undertaken by the commission pursuant to arrangements made with	17608
governmental agencies under division (H) of section 154.06 of the	17609
Revised Code, and all other expenses necessary or incident to	17610
planning or determining feasibility or practicability with respect	17611
to capital facilities, and such other expenses as may be necessary	17612
or incident to the acquisition, construction, reconstruction,	17613
rehabilitation, remodeling, renovation, enlargement, improvement,	17614
equipment, and furnishing of capital facilities, the financing	17615
thereof and the placing of the same in use and operation,	17616
including any one, part of, or combination of such classes of	17617
costs and expenses.	17618

(L) "Public service facilities" means inns, lodges, hotels,	17619
cabins, camping sites, scenic trails, picnic sites, restaurants,	17620
commissaries, golf courses, boating and bathing facilities and	17621
other similar facilities in state parks.	17622

(M) "State parks" means:

17623

(1) State reservoirs described and identified in section	17624
1541.06 of the Revised Code;	17625

(2) All lands or interests therein of the state identified as	17626
administered by the division of parks and recreation in the	17627
"inventory of state owned lands administered by the department of	17628
natural resources as of June 1, 1963," as recorded in the journal	17629
of the director, which inventory was prepared by the real estate	17630
section of the department and is supported by maps now on file in	17631
said real estate section;	17632

(3) All lands or interests in lands of the state designated	17633
after June 1, 1963, as state parks in the journal of the director	17634
with the approval of the recreation and resources council.	17635

State parks do not include any lands or interest in lands of	17636
the state administered jointly by two or more divisions of the	17637
department of natural resources. The designation of lands as state	17638
parks under divisions (M)(1) to (3) of this section is conclusive	17639
and such lands shall be under the control of and administered by	17640
the division of parks and recreation. No order or proceeding	17641
designating lands as state parks or park purchase areas is subject	17642
to any appeal or review by any officer, board, commission, or	17643
court.	17644

(N) "Bond service fund" means the applicable fund created for	17645
and pledged to the payment of bond service charges under section	17646
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	17647
all moneys and investments, and earnings from investments,	17648
credited and to be credited thereto.	17649

(O) "Improvement fund" means the applicable fund created for	17650
the payment of costs of capital facilities under section 123.201,	17651
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	17652
including all moneys and investments, and earnings from	17653
investments, credited and to be credited thereto.	17654

(P) "Special funds" or "funds" means, except where the	17655
context does not permit, the bond service funds, the improvements	17656
funds, and any other funds for similar or different purposes	17657
created under bond proceedings, including all moneys and	17658
investments, and earnings from investments, credited and to be	17659
credited thereto.	17660

(Q) "Year" unless the context indicates a different meaning	17661
or intent, means a calendar year beginning on the first day of	17662
January and ending on the thirty-first day of December.	17663

(R) "Fiscal year" means the period of twelve months beginning	17664
on the first day of July and ending on the thirtieth day of June.	17665

(S) "Issuing authority" means the treasurer of state or the	17666
officer or employee who by law performs the functions of that	17667
office.	17668

(T) "Credit enhancement facilities" has the same meaning as	17669
in section 133.01 of the Revised Code.	17670

(U) "Ohio cultural facility" and "Ohio sports facility" have	17671
the same meanings as in section ~~3383.01~~123.28 of the Revised	17672
Code.	17673

Sec. 154.17. The departments of administrative services,	17674
~~mental health~~mental health and addiction services, developmental	17675
disabilities, rehabilitation and correction, and natural	17676
resources, the Ohio board of regents, institutions of higher	17677
education, and other state officers and state agencies shall	17678
cooperate with the commission in providing services and	17679
information requested by the commission for purposes of Chapter	17680
154. of the Revised Code, and the commission may make mutually	17681
satisfactory arrangements therefor and may thereunder designate	17682
any governmental agency for the management or performance of	17683
particular functions of the commission, other than the	17684
authorization and issuance of obligations provided for in Chapter	17685
154. of the Revised Code, pursuant to which designation, upon	17686
acceptance thereof by that governmental agency, that function may	17687
be carried out with the full force and effect as if performed by	17688
the commission. Any such designation shall be made only by formal	17689
action or written agreement of the commission. In the management	17690
of capital facilities or performance of other functions with	17691
respect thereto, a governmental agency may exercise all powers	17692
which it has under law with respect to other similar facilities	17693
under its jurisdiction.	17694

Contracts relating to capital facilities shall be made in	17695
accordance with the law pertaining to the governmental agency	17696
designated under authority of this section to perform such	17697
contracting function, and in any other case shall be made in	17698
accordance with Chapter 153. of the Revised Code, for which	17699
purpose the commission shall be considered the owner, provided	17700
that the commission may assign the function of owner to the	17701
department of administrative services or other governmental agency	17702
as it determines. The commission may acquire by assignment from	17703
any governmental agency contracts which are not completed and	17704
which involve acquiring, constructing, reconstructing,	17705
rehabilitating, remodeling, renovating, enlarging, improving,	17706
equipping, or furnishing capital facilities, provided that such	17707
governmental agency has complied with the procedures prescribed by	17708
laws for its letting of such contract.	17709

No contract shall be let or assignment thereof accepted under	17710
this section involving performance in accordance with plans and	17711
specifications until such plans and specifications have been	17712
submitted to and approved by the governmental agency to have	17713
responsibility for the management of the capital facilities	17714
provided for in such plans and specifications, which approval	17715
shall be considered to be given if no approval or disapproval is	17716
communicated in writing to the commission or its designee for such	17717
purpose within sixty days following such submission of plans and	17718
specifications. Approval by such governmental agency of changes in	17719
plans and specifications is not required if the director of	17720
administrative services or the designee of the commission for such	17721
purpose shall certify that such changes do not substantially	17722
change the location, character, or extent of such capital	17723
facilities.	17724

Sec. 154.20. (A) Subject to authorization by the general	17725
assembly under section 154.02 of the Revised Code, the issuing	17726
authority may issue obligations pursuant to this chapter to pay	17727
costs of capital facilities for mental hygiene and retardation,	17728
including housing for mental hygiene and retardation patients and	17729
persons with substance use disorders.	17730

(B) Any capital facilities for mental hygiene or retardation,	17731
including housing for mental hygiene and retardation patients and	17732
persons with substance use disorders, may be leased by the	17733
commission to the department of ~~mental health,~~mental health and	17734
addiction services or the department of developmental	17735
disabilities~~, or the department of alcohol and drug addiction~~	17736
~~services~~, and other agreements may be made by the commission and	17737
any one or more of these departments with respect to the use or	17738
purchase of such capital facilities or, subject to the approval of	17739
the director of the department, the commission may lease such	17740
capital facilities to, and make or provide for other agreements	17741
with respect to the use or purchase thereof with, any governmental	17742
agency having authority under law to operate such capital	17743
facilities, and the director of the department may sublease such	17744
capital facilities to, and make other agreements with respect to	17745
the use or purchase thereof with, any such governmental agency,	17746
which may include provisions for transmittal to the mental health	17747
bond service trust fund created under division (E) of this	17748
section, by such governmental agency or by a nonprofit corporation	17749
providing mental hygiene and retardation services for or under	17750
contract with or the supervision of that governmental agency, of	17751
receipts of that agency or nonprofit corporation from charges for	17752
the treatment or care of mental hygiene and retardation patients,	17753
all upon such terms and conditions as the parties may agree upon	17754
and pursuant to this chapter, notwithstanding any other provision	17755
of law affecting the leasing, acquisition, or disposition of	17756
capital facilities by the parties.	17757

(C) For purposes of this section, "available receipts" means	17758
all receipts of the state from charges for the treatment or care	17759
of mental hygiene and retardation patients, including support	17760
payments received under Chapter 5121. of the Revised Code and	17761
moneys required to be transmitted to the mental health bond	17762
service trust fund pursuant to subleases and other agreements	17763
between any of the departments and another governmental agency	17764
pursuant to division (B) of this section as the subleases and	17765
other agreements may be further implemented for internal planning,	17766
budgeting, and accounting purposes pursuant to rules adopted by	17767
the director of ~~mental health,~~mental health and addiction	17768
services or director of developmental disabilities~~, or director of~~	17769
~~alcohol and drug addiction services~~, any revenues or receipts	17770
derived by the commission from the operation, leasing, or other	17771
disposition of capital facilities financed under this section, the	17772
proceeds of obligations issued under this section and sections	17773
154.11 and 154.12 of the Revised Code, and also means any gifts,	17774
grants, donations, and pledges, and receipts therefrom, available	17775
for the payment of bond service charges on such obligations. The	17776
issuing authority may pledge all, or such portion as that	17777
authority determines, of the available receipts to the payment of	17778
bond service charges on obligations issued under this section and	17779
under sections 154.11 and 154.12 of the Revised Code and for the	17780
establishment and maintenance of any reserves, as provided in the	17781
bond proceedings, and make other provisions therein with respect	17782
to such available receipts as authorized by this chapter, which	17783
provisions shall be controlling notwithstanding any other	17784
provision of law pertaining thereto.	17785

(D) The issuing authority may covenant in the bond	17786
proceedings that the state and state agencies shall, so long as	17787
any obligations issued under this section are outstanding, cause	17788
to be charged and collected charges for the treatment or care of	17789
mental hygiene and retardation patients sufficient in amount to	17790
provide for the payment of bond service charges on such	17791
obligations and for the establishment and maintenance of any	17792
reserves, as provided in the bond proceedings, and such covenants	17793
shall be controlling notwithstanding any other provision of law	17794
pertaining to such charges.	17795

(E) There is hereby created the mental health bond service	17796
trust fund, which shall be in the custody of the treasurer of	17797
state but shall be separate and apart from and not a part of the	17798
state treasury. All moneys received by or on account of the	17799
commission or issuing authority or state agencies and required by	17800
the applicable bond proceedings to be deposited, transferred, or	17801
credited to the fund, and all other moneys transferred or	17802
allocated to or received for the purposes of the fund, shall be	17803
deposited with the treasurer of state and credited to such fund,	17804
subject to applicable provisions of the bond proceedings, but	17805
without necessity for any act of appropriation. The mental health	17806
bond service trust fund is a trust fund and is hereby pledged to	17807
the payment of bond service charges on the obligations issued	17808
pursuant to this section and sections 154.11 and 154.12 of the	17809
Revised Code to the extent provided in the applicable bond	17810
proceedings, and payment thereof from such fund shall be made or	17811
provided for by the treasurer of state in accordance with such	17812
bond proceedings without necessity for any act of appropriation.	17813

(F) There is hereby created in the state treasury the mental	17814
health facilities improvement fund. Subject to the bond	17815
proceedings therefor, all of the proceeds of the sale of	17816
obligations pursuant to this section shall be credited to the	17817
fund, except that any accrued interest shall be credited to the	17818
mental health bond service fund. The mental health facilities	17819
improvement fund may also be comprised of gifts, grants,	17820
appropriated moneys, and other sums and securities received to the	17821
credit of such fund. All investment earnings on the cash balance	17822
in the fund shall be credited to the fund. The fund shall be	17823
applied only to the following purposes:	17824

(1) Paying costs of capital facilities for mental hygiene and	17825
retardation, including housing for mental hygiene and retardation	17826
patients or for persons with substance use disorders, under the	17827
jurisdiction of the department of ~~mental health,~~mental health and	17828
addiction services or department of developmental disabilities~~, or~~	17829
~~department of alcohol and drug addiction services~~;	17830

(2) Participating in capital facilities for mental hygiene	17831
and retardation, including housing for mental hygiene and	17832
retardation patients or for persons with substance use disorders,	17833
with the federal government, municipal corporations, counties, or	17834
other governmental agencies, or a nonprofit corporation	17835
specifically chartered to provide a mental health, substance use,	17836
or mental retardation service when such service fulfills a public	17837
purpose, which participation may be by grants or contributions to	17838
them for such capital facilities. Except as provided in division	17839
(G) of this section, the nonprofit corporation may act in concert	17840
with a limited partnership or a limited liability company eligible	17841
to participate in the nonprofit set-aside described in section	17842
42(h)(5) of the "Internal Revenue Code of 1986," 100 Stat. 2198,	17843
26 U.S.C. 42, and the Ohio housing finance agency's housing tax	17844
credit program for the purpose of making use of low-income housing	17845
tax credits in support of housing for mental hygiene and	17846
retardation patients.	17847

(G) A nonprofit corporation providing a mental retardation	17848
service must obtain written approval from the director of	17849
developmental disabilities before acting in concert with a limited	17850
partnership or limited liability company as described in division	17851
(F)(2) of this section. However, the director may issue one	17852
blanket approval for all such nonprofit corporations.	17853

(H) This section is to be applied with other applicable	17854
provisions of this chapter.	17855

Sec. 154.22. (A) Subject to authorization by the general	17856
assembly under section 154.02 of the Revised Code, the issuing	17857
authority may authorize and issue obligations pursuant to this	17858
chapter to pay costs of capital facilities for parks and	17859
recreation.	17860

(B) Any capital facilities for parks and recreation may be	17861
leased by the commission to the department of natural resources	17862
and other agreements may be made by the commission and such	17863
department with respect to the use or purchase of such capital	17864
facilities or, subject to the approval of the director of such	17865
department, the commission may lease such capital facilities to,	17866
and make other agreements with respect to their use or purchase	17867
with, any governmental agency having authority under law to	17868
operate such capital facilities, and the director of such	17869
department may sublease such capital facilities to, and make other	17870
agreements with respect to the use or purchase thereof with, any	17871
such governmental agency, or such director may sublease or	17872
contract for the operation of such capital facilities in	17873
accordance with the applicable provisions of sections 1501.09,	17874
1501.091, and 1501.10 of the Revised Code, all upon such terms and	17875
conditions as the parties may agree upon and pursuant to this	17876
chapter, notwithstanding any other provisions of law affecting the	17877
leasing, acquisition, or disposition of capital facilities by such	17878
parties.	17879

(C) For purposes of this section, "available receipts" means	17880
all receipts, including fees, charges, and rentals, derived or to	17881
be derived from state parks and public service facilities in any	17882
state park or parks, any other receipts of state agencies with	17883
respect to parks and recreational facilities, any revenues or	17884
receipts derived by the commission from the operation, leasing, or	17885
other disposition of capital facilities financed under this	17886
section, the proceeds of obligations issued under this section and	17887
sections 154.11 and 154.12 of the Revised Code, and also means any	17888
gifts, grants, donations, and pledges, and receipts thereon,	17889
available for the payment of bond service charges on obligations	17890
issued under this section. The issuing authority may pledge all,	17891
or such portion as it determines, of the available receipts to the	17892
payment of bond service charges on obligations issued under this	17893
section and sections 154.11 and 154.12 of the Revised Code and for	17894
the establishment and maintenance of any reserves, as provided in	17895
the bond proceedings, and make other provisions therein with	17896
respect to such available receipts as authorized by this chapter,	17897
which provisions shall be controlling notwithstanding any other	17898
provision of law pertaining thereto.	17899

(D) The issuing authority may covenant in the bond proceeding	17900
that the state and state agencies shall, so long as any	17901
obligations issued under this section are outstanding, cause to be	17902
charged and collected fees, charges, and rentals for the use of	17903
state parks and public service facilities and other fees and	17904
charges with respect to parks and recreation sufficient in amount	17905
to provide for the payment of bond service charges on such	17906
obligations and for the establishment and maintenance of any	17907
reserves as provided in the bond proceedings, and such covenants	17908
shall be controlling notwithstanding any other provision of law	17909
pertaining to such charges except any provision of law prohibiting	17910
or limiting charges for the use of swimming facilities of state	17911
parks and public service facilities by persons under sixteen years	17912
of age.	17913

(E) There is hereby created the parks and recreation bond	17914
service trust fund, which shall be in the custody of the treasurer	17915
of state but shall be separate and apart from and not a part of	17916
the state treasury. All moneys received by or on account of the	17917
commission or issuing authority or state agencies and required by	17918
the applicable bond proceedings to be deposited, transferred, or	17919
allocated to or received for the purposes of the trust fund shall	17920
be deposited with the treasurer of state and credited to such	17921
fund, subject to applicable provisions of the bond proceedings but	17922
without necessity for any act of appropriation. The trust fund is	17923
hereby pledged to the payment of bond service charges on the	17924
obligations issued pursuant to this section and sections 154.11	17925
and 154.12 of the Revised Code to the extent provided in the	17926
applicable bond proceedings, and payment thereof from such fund	17927
shall be made or provided for by the treasurer of state in	17928
accordance with such bond proceedings without necessity for any	17929
act of appropriation.	17930

(F) There is hereby created in the state treasury the parks	17931
and recreation improvement fund. Subject to the bond proceedings	17932
therefor, all of the proceeds of the sale of obligations issued	17933
pursuant to this section shall be credited to such fund, except	17934
that any accrued interest received shall be credited to the parks	17935
and recreation bond service trust fund. The parks and recreation	17936
improvement fund may also be comprised of gifts, grants,	17937
appropriated moneys, and other sums and securities received to the	17938
credit of such fund. Such fund shall be applied only to the	17939
purpose of paying costs of capital facilities for parks and	17940
recreation under the jurisdiction of the department of natural	17941
resources or for participation in capital facilities for parks and	17942
recreation with the federal government, municipal corporations,	17943
counties, or other governmental agencies, or any one or more of	17944
them, which participation may be by grants or contributions to	17945
them for such capital facilities. All investment earnings on the	17946
cash balance in the fund shall be credited to the fund.	17947

(G) All state parks shall be exclusively under the control	17948
and administration of the division of parks and recreation. With	17949
the approval of the recreation and resources council, the director	17950
of natural resources may by order remove from the classification	17951
as state parks any of the lands or interests therein referred to	17952
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	17953
subject to the limitations, provisions, and conditions in any	17954
order authorizing state park revenue bonds, in any trust agreement	17955
securing such bonds, or in bond proceedings with respect to	17956
obligations issued pursuant to this section. Lands or interests	17957
therein so removed shall be transferred to other divisions of the	17958
department for administration or may be sold as provided by law.	17959
Proceeds of any sale shall be used or transferred as provided in	17960
the order authorizing state park revenue bonds or in such trust	17961
agreement, or in bond proceedings with respect to obligations	17962
issued pursuant to this section, and if no such provision is made	17963
shall be transferred to the state park fund created by section	17964
1541.22 of the Revised Code.	17965

(H) This section shall be applied with other applicable	17966
provisions of this chapter.	17967

(I) Any instrument by which real property is acquired	17968
pursuant to this section shall identify the agency of the state	17969
that has the use and benefit of the real property as specified in	17970
section 5301.012 of the Revised Code.	17971

Sec. 154.23. (A) Subject to authorization by the general	17972
assembly under section 154.02 of the Revised Code, the issuing	17973
authority may issue obligations pursuant to this chapter to pay	17974
costs of capital facilities for Ohio cultural facilities and Ohio	17975
sports facilities.	17976

(B) The Ohio public facilities commission may lease any	17977
capital facilities for Ohio cultural facilities or Ohio sports	17978
facilities to, and make or provide for other agreements with	17979
respect to the use or purchase of such capital facilities with,	17980
the Ohio ~~cultural~~ facilities construction commission and, with the	17981
Ohio ~~cultural~~ facilities construction commission's approval, any	17982
governmental agency having authority under law to operate such	17983
capital facilities. ~~Any lease or agreement shall be subject to~~	17984
~~Chapter 3383. of the Revised Code.~~	17985

(C) For purposes of this section, "available receipts" means	17986
any revenues or receipts derived by the Ohio public facilities	17987
commission from the operation, leasing, or other disposition of	17988
capital facilities financed under this section, the proceeds of	17989
obligations issued under this section and section 154.11 or 154.12	17990
of the Revised Code, and also means any gifts, grants, donations,	17991
and pledges, and receipts thereon, available for the payment of	17992
bond service charges on obligations issued under this section. The	17993
issuing authority may pledge all, or such portion as it	17994
determines, of the available receipts to the payment of bond	17995
service charges on obligations issued under this section and	17996
section 154.11 or 154.12 of the Revised Code and for the	17997
establishment and maintenance of any reserves, as provided in the	17998
bond proceedings, and make other provisions therein with respect	17999
to such available receipts as authorized by this chapter, which	18000
provisions shall be controlling notwithstanding any other	18001
provision of law pertaining thereto.	18002

(D) There is hereby created one or more funds, as determined	18003
by the issuing authority in the bond proceedings, designated as	18004
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	18005
if more than one such fund, such further identifying name as the	18006
issuing authority determines, which shall be in the custody of the	18007
treasurer of state but shall be separate and apart from and not a	18008
part of the state treasury. All money received by or on account of	18009
the issuing authority or the Ohio ~~cultural~~ facilities construction	18010
commission and required by the applicable bond proceedings to be	18011
deposited, transferred, or credited to the Ohio cultural	18012
facilities ~~commission~~ bond service fund, and all other money	18013
transferred or allocated to or received for the purposes of that	18014
fund shall be deposited with the treasurer of state and credited	18015
to the applicable fund, subject to applicable provisions of the	18016
bond proceedings, but without necessity of any act or	18017
appropriation. The Ohio cultural facilities ~~commission~~ bond	18018
service funds are trust funds and are hereby pledged to the	18019
payment of bond service charges on the applicable obligations	18020
issued pursuant to this section and section 154.11 or 154.12 of	18021
the Revised Code to the extent provided in the applicable bond	18022
proceedings, and payment thereof from such funds shall be made or	18023
provided for by the treasurer of state in accordance with the	18024
applicable bond proceedings without necessity for any act or	18025
appropriation.	18026

(E) This section is to be applied with other applicable	18027
provisions of this chapter.	18028

Sec. 154.25. (A) As used in this section:

18029

(1) "Available community or technical college receipts" means	18030
all money received by a community or technical college or	18031
community or technical college district, including income,	18032
revenues, and receipts from the operation, ownership, or control	18033
of facilities, grants, gifts, donations, and pledges and receipts	18034
therefrom, receipts from fees and charges, the allocated state	18035
share of instruction as defined in section ~~3333.90~~3333.59 of the	18036
Revised Code, and the proceeds of the sale of obligations,	18037
including proceeds of obligations issued to refund obligations	18038
previously issued, but excluding any special fee, and receipts	18039
therefrom, charged pursuant to division (D) of section 154.21 of	18040
the Revised Code.	18041

(2) "Community or technical college," "college," "community	18042
or technical college district," and "district" have the same	18043
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	18044

(3) "Community or technical college capital facilities" means	18045
auxiliary facilities, education facilities, and housing and dining	18046
facilities, as those terms are defined in section 3345.12 of the	18047
Revised Code, to the extent permitted to be financed by the	18048
issuance of obligations under division (A)(2) of section 3357.112	18049
of the Revised Code, that are authorized by sections 3354.121,	18050
3357.112, and 3358.10 of the Revised Code to be financed by	18051
obligations issued by a community or technical college district,	18052
and for which the issuing authority is authorized to issue	18053
obligations pursuant to this section, and includes any one, part	18054
of, or any combination of the foregoing, and further includes site	18055
improvements, utilities, machinery, furnishings, and any separate	18056
or connected buildings, structures, improvements, sites, open	18057
space and green space areas, utilities, or equipment to be used	18058
in, or in connection with the operation or maintenance of, or	18059
supplementing or otherwise related to the services or facilities	18060
to be provided by, such facilities.	18061

(4) "Cost of community or technical college capital	18062
facilities" means the costs of acquiring, constructing,	18063
reconstructing, rehabilitating, remodeling, renovating, enlarging,	18064
improving, equipping, or furnishing community or technical college	18065
capital facilities, and the financing thereof, including the cost	18066
of clearance and preparation of the site and of any land to be	18067
used in connection with community or technical college capital	18068
facilities, the cost of any indemnity and surety bonds and	18069
premiums on insurance, all related direct administrative expenses	18070
and allocable portions of direct costs of the commission and the	18071
issuing authority, community or technical college or community or	18072
technical college district, cost of engineering, architectural	18073
services, design, plans, specifications and surveys, estimates of	18074
cost, legal fees, fees and expenses of trustees, depositories,	18075
bond registrars, and paying agents for obligations, cost of	18076
issuance of obligations and financing costs and fees and expenses	18077
of financial advisers and consultants in connection therewith,	18078
interest on obligations from the date thereof to the time when	18079
interest is to be covered by available receipts or other sources	18080
other than proceeds of those obligations, amounts necessary to	18081
establish reserves as required by the bond proceedings, costs of	18082
audits, the reimbursements of all moneys advanced or applied by or	18083
borrowed from the community or technical college, community or	18084
technical college district, or others, from whatever source	18085
provided, including any temporary advances from state	18086
appropriations, for the payment of any item or items of cost of	18087
community or technical college facilities, and all other expenses	18088
necessary or incident to planning or determining feasibility or	18089
practicability with respect to such facilities, and such other	18090
expenses as may be necessary or incident to the acquisition,	18091
construction, reconstruction, rehabilitation, remodeling,	18092
renovation, enlargement, improvement, equipment, and furnishing of	18093
community or technical college capital facilities, the financing	18094
thereof and the placing of them in use and operation, including	18095
any one, part of, or combination of such classes of costs and	18096
expenses.	18097

(5) "Capital facilities" includes community or technical	18098
college capital facilities.	18099

(6) "Obligations" has the same meaning as in section 154.01	18100
or 3345.12 of the Revised Code, as the context requires.	18101

(B) The issuing authority is authorized to issue revenue	18102
obligations under Section 2i of Article VIII, Ohio Constitution,	18103
on behalf of a community or technical college district and shall	18104
cause the net proceeds thereof, after any deposits of accrued	18105
interest for the payment of bond service charges and after any	18106
deposit of all or such lesser portion as the issuing authority may	18107
direct of the premium received upon the sale of those obligations	18108
for the payment of the bond service charges, to be applied to the	18109
cost of community or technical college capital facilities,	18110
provided that the issuance of such obligations is subject to the	18111
execution of a written agreement in accordance with division (C)	18112
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	18113
and depositing of funds otherwise due the district, or the college	18114
it operates, in respect of its allocated state share of	18115
instruction.	18116

(C) The bond service charges and all other payments required	18117
to be made by the trust agreement or indenture securing the	18118
obligations shall be payable solely from available community or	18119
technical college receipts pledged thereto as provided in the	18120
resolution. The available community or technical college receipts	18121
pledged and thereafter received by the commission are immediately	18122
subject to the lien of such pledge without any physical delivery	18123
thereof or further act, and the lien of any such pledge is valid	18124
and binding against all parties having claims of any kind against	18125
the authority, irrespective of whether those parties have notice	18126
thereof, and creates a perfected security interest for all	18127
purposes of Chapter 1309. of the Revised Code and a perfected lien	18128
for purposes of any real property interest, all without the	18129
necessity for separation or delivery of funds or for the filing or	18130
recording of the resolution, trust agreement, indenture, or other	18131
agreement by which such pledge is created or any certificate,	18132
statement, or other document with respect thereto; and the pledge	18133
of such available community or technical college receipts is	18134
effective and the money therefrom and thereof may be applied to	18135
the purposes for which pledged. Every pledge, and every covenant	18136
and agreement made with respect to the pledge, made in the	18137
resolution may therein be extended to the benefit of the owners	18138
and holders of obligations authorized by this section, and to any	18139
trustee therefor, for the further securing of the payment of the	18140
bond service charges, and all or any rights under any agreement or	18141
lease made under this section may be assigned for such purpose.	18142

(D) This section is to be applied with other applicable	18143
provisions of this chapter.	18144

Sec. 156.02. The executive director of ~~administrative~~	18145
~~services~~the Ohio facilities construction commission may contract	18146
with an energy or a water services company, architect,	18147
professional engineer, contractor, or other person experienced in	18148
the design and implementation of energy or water conservation	18149
measures for a report containing an analysis and recommendations	18150
pertaining to the implementation of energy or water conservation	18151
measures that result in energy, water, or wastewater cost savings,	18152
operating cost savings, or avoided capital costs for the	18153
institution. The report shall include estimates of all costs of	18154
such installations, including the costs of design, engineering,	18155
installation, maintenance, repairs, and debt service, and	18156
estimates of the energy, water, or wastewater cost savings,	18157
operating cost savings, and avoided capital costs created.	18158

Sec. 156.03. (A) If the executive director of ~~administrative~~	18159
~~services~~the Ohio facilities construction commission wishes to	18160
enter into an installment payment contract pursuant to section	18161
156.04 of the Revised Code or any other contract to implement one	18162
or more energy or water saving measures, the executive director	18163
may proceed under Chapter 153. of the Revised Code, or,	18164
alternatively, the executive director may request the controlling	18165
board to exempt the contract from Chapter 153. of the Revised	18166
Code.	18167

If the controlling board by a majority vote approves an	18168
exemption, that chapter shall not apply to the contract and	18169
instead the executive director shall request proposals from at	18170
least three parties for the implementation of the energy or water	18171
saving measures. Prior to providing any interested party a copy of	18172
any such request, the executive director shall advertise, in a	18173
newspaper of general circulation in the county where the contract	18174
is to be performed, and may advertise by electronic means pursuant	18175
to rules adopted by the executive director, the executive	18176
director's intent to request proposals for the implementation of	18177
the energy or water saving measures. The notice shall invite	18178
interested parties to submit proposals for consideration and shall	18179
be published at least thirty days prior to the date for accepting	18180
proposals.	18181

(B) Upon receiving the proposals, the executive director	18182
shall analyze them and, after considering the cost estimates of	18183
each proposal and the availability of funds to pay for each with	18184
current appropriations or by financing the cost of each through an	18185
installment payment contract under section 156.04 of the Revised	18186
Code, may select one or more proposals or reject all proposals. In	18187
selecting proposals, the executive director shall select the one	18188
or more proposals most likely to result in the greatest energy,	18189
water, or wastewater savings, operating costs savings, and avoided	18190
capital costs created.	18191

(C) No contract shall be awarded to implement energy or water	18192
saving measures under this section, unless the executive director	18193
finds that both of the following circumstances exists:	18194

(1) Not less than one-fifteenth of the costs of the contract	18195
shall be paid within two years from the date of purchase;	18196

(2) In the case of a contract for a cogeneration system	18197
described in division (B)(8) of section 156.01 of the Revised	18198
Code, the remaining balance of the cost of the contract shall be	18199
paid within twenty years from the date of purchase, and, in the	18200
case of all other contracts, fifteen years.	18201

Sec. 156.04. (A) In accordance with this section and section	18202
156.03 of the Revised Code, the executive director of	18203
~~administrative services~~the Ohio facilities construction	18204
commission may enter into an installment payment contract for the	18205
implementation of one or more energy or water saving measures. If	18206
the executive director wishes an installment payment contract to	18207
be exempted from Chapter 153. of the Revised Code, the executive	18208
director shall proceed pursuant to section 156.03 of the Revised	18209
Code.	18210

(B) Any installment payment contract under this section shall	18211
provide that all payments, except payments for repairs and	18212
obligations on termination of the contract prior to its	18213
expiration, are to be a stated percentage of calculated energy,	18214
water, or wastewater cost savings, operating costs, and avoided	18215
capital costs attributable to the one or more measures over a	18216
defined period of time and are to be made only to the extent that	18217
those calculated amounts actually occur. No such contract shall	18218
contain either of the following:	18219

(1) A requirement of any additional capital investment or	18220
contribution of funds, other than funds available from state or	18221
federal grants;	18222

(2) In the case of a contract for a cogeneration system	18223
described in division (B)(8) of section 156.01 of the Revised	18224
Code, a payment term longer than twenty years, and, in the case of	18225
all other contracts, a payment term longer than fifteen years.	18226

(C) Any installment payment contract entered into under this	18227
section shall terminate no later than the last day of the fiscal	18228
biennium for which funds have been appropriated to the ~~department~~	18229
~~of administrative services~~Ohio facilities construction commission	18230
by the general assembly and shall be renewed in each succeeding	18231
fiscal biennium in which any balance of the contract remains	18232
unpaid, provided that both an appropriation for that succeeding	18233
fiscal biennium and the certification required by section 126.07	18234
of the Revised Code are made.	18235

(D) Any installment payment contract entered into under this	18236
section shall be eligible for financing provided through the Ohio	18237
air quality development authority under Chapter 3706. of the	18238
Revised Code.	18239

Sec. 156.05. In accordance with Chapter 119. of the Revised	18240
Code, the executive director of ~~administrative services~~the Ohio	18241
facilities construction commission shall adopt, and enforce rules	18242
necessary to administer sections 156.01 to 156.04 of the Revised	18243
Code. Rules adopted under this section shall establish procedures	18244
by which the executive director may authorize in ~~his~~the executive	18245
director's stead the manager of any building owned by the state to	18246
enter into contracts authorized under sections 156.01 to 156.04 of	18247
the Revised Code.	18248

Sec. 166.02. (A) The general assembly finds that many local	18249
areas throughout the state are experiencing economic stagnation or	18250
decline, and that the economic development programs provided for	18251
in this chapter will constitute deserved, necessary reinvestment	18252
by the state in those areas, materially contribute to their	18253
economic revitalization, and result in improving the economic	18254
welfare of all the people of the state. Accordingly, it is	18255
declared to be the public policy of the state, through the	18256
operations of this chapter and other applicable laws adopted	18257
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	18258
and other authority vested in the general assembly, to assist in	18259
and facilitate the establishment or development of eligible	18260
projects or assist and cooperate with any governmental agency in	18261
achieving such purpose.	18262

(B) In furtherance of such public policy and to implement	18263
such purpose, the director of development may:	18264

(1) After consultation with appropriate governmental	18265
agencies, enter into agreements with persons engaged in industry,	18266
commerce, distribution, or research and with governmental agencies	18267
to induce such persons to acquire, construct, reconstruct,	18268
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	18269
otherwise develop, eligible projects and make provision therein	18270
for project facilities and governmental actions, as authorized by	18271
this chapter and other applicable laws, subject to any required	18272
actions by the general assembly or the controlling board and	18273
subject to applicable local government laws and regulations;	18274

(2) Provide for the guarantees and loans as provided for in	18275
sections 166.06 and 166.07 of the Revised Code;	18276

(3) Subject to release of such moneys by the controlling	18277
board, contract for labor and materials needed for, or contract	18278
with others, including governmental agencies, to provide, project	18279
facilities the allowable costs of which are to be paid for or	18280
reimbursed from moneys in the facilities establishment fund, and	18281
contract for the operation of such project facilities;	18282

(4) Subject to release thereof by the controlling board, from	18283
moneys in the facilities establishment fund acquire or contract to	18284
acquire by gift, exchange, or purchase, including the obtaining	18285
and exercise of purchase options, property, and convey or	18286
otherwise dispose of, or provide for the conveyance or disposition	18287
of, property so acquired or contracted to be acquired by sale,	18288
exchange, lease, lease purchase, conditional or installment sale,	18289
transfer, or other disposition, including the grant of an option	18290
to purchase, to any governmental agency or to any other person	18291
without necessity for competitive bidding and upon such terms and	18292
conditions and manner of consideration pursuant to and as the	18293
director determines to be appropriate to satisfy the objectives of	18294
sections 166.01 to 166.11 of the Revised Code;	18295

(5) Retain the services of or employ financial consultants,	18296
appraisers, consulting engineers, superintendents, managers,	18297
construction and accounting experts, attorneys, and employees,	18298
agents, and independent contractors as are necessary in the	18299
director's judgment and fix the compensation for their services;	18300

(6) Receive and accept from any person grants, gifts, and	18301
contributions of money, property, labor, and other things of	18302
value, to be held, used and applied only for the purpose for which	18303
such grants, gifts, and contributions are made;	18304

(7) Enter into appropriate arrangements and agreements with	18305
any governmental agency for the taking or provision by that	18306
governmental agency of any governmental action;	18307

(8) Do all other acts and enter into contracts and execute	18308
all instruments necessary or appropriate to carry out the	18309
provisions of this chapter;	18310

(9) Adopt rules to implement any of the provisions of this	18311
chapter applicable to the director.	18312

(C) The determinations by the director that facilities	18313
constitute eligible projects, that facilities are project	18314
facilities, that costs of such facilities are allowable costs, and	18315
all other determinations relevant thereto or to an action taken or	18316
agreement entered into shall be conclusive for purposes of the	18317
validity and enforceability of rights of parties arising from	18318
actions taken and agreements entered into under this chapter.	18319

(D) Except as otherwise prescribed in this chapter, all	18320
expenses and obligations incurred by the director in carrying out	18321
the director's powers and in exercising the director's duties	18322
under this chapter, shall be payable solely from, as appropriate,	18323
moneys in the facilities establishment fund, the loan guarantee	18324
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	18325
loan fund, the research and development loan fund, the logistics	18326
and distribution infrastructure fund, ~~the logistics and~~	18327
~~distribution infrastructure taxable bond fund,~~ or moneys	18328
appropriated for such purpose by the general assembly. This	18329
chapter does not authorize the director or the issuing authority	18330
under section 166.08 of the Revised Code to incur bonded	18331
indebtedness of the state or any political subdivision thereof, or	18332
to obligate or pledge moneys raised by taxation for the payment of	18333
any bonds or notes issued or guarantees made pursuant to this	18334
chapter.	18335

(E) Any governmental agency may enter into an agreement with	18336
the director, any other governmental agency, or a person to be	18337
assisted under this chapter, to take or provide for the purposes	18338
of this chapter any governmental action it is authorized to take	18339
or provide, and to undertake on behalf and at the request of the	18340
director any action which the director is authorized to undertake	18341
pursuant to divisions (B)(3), (4), and (5) of this section or	18342
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	18343
Code. Governmental agencies of the state shall cooperate with and	18344
provide assistance to the director of development and the	18345
controlling board in the exercise of their respective functions	18346
under this chapter.	18347

Sec. 166.03. (A) There is hereby created the facilities	18348
establishment fund within the state treasury, consisting of	18349
proceeds from the issuance of obligations as specified under	18350
section 166.08 of the Revised Code; the moneys received by the	18351
state from the sources specified in section 166.09 of the Revised	18352
Code; service charges imposed under sections 166.06 and 166.07 of	18353
the Revised Code; any grants, gifts, or contributions of moneys	18354
received by the director of development services to be used for	18355
loans made under section 166.07 of the Revised Code or for the	18356
payment of the allowable costs of project facilities; and all	18357
other moneys appropriated or transferred to the fund. Moneys in	18358
the loan guarantee fund in excess of the loan guarantee reserve	18359
requirement, but subject to the provisions and requirements of any	18360
guarantee contracts, may be transferred to the facilities	18361
establishment fund by the treasurer of state upon the order of the	18362
director of development services. Moneys received by the state	18363
under Chapter 122. of the Revised Code, to the extent allocable to	18364
the utilization of moneys derived from proceeds of the sale of	18365
obligations pursuant to section 166.08 of the Revised Code, shall	18366
be credited to the facilities establishment fund. All investment	18367
earnings on the cash balance in the fund shall be credited to the	18368
fund.	18369

(B) All moneys appropriated or transferred to the facilities	18370
establishment fund may be released at the request of the director	18371
of development services for payment of allowable costs or the	18372
making of loans under section 166.07 of the Revised Code, for	18373
transfer to the loan guarantee fund established in section 166.06	18374
of the Revised Code, or for use for the purpose of or transfer to	18375
the funds established by sections 122.35, 122.42, 122.54, 122.55,	18376
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	18377
and, until July 1, 2003, the fund established by section 166.031	18378
of the Revised Code, and, until July 1, 2007, the fund established	18379
by section 122.26 of the Revised Code, but only for such of those	18380
purposes as are within the authorization of Section 13 of Article	18381
VIII, Ohio Constitution, in all cases subject to the approval of	18382
the controlling board.	18383

(C) The ~~department of~~ development services agency, in the	18384
administration of the facilities establishment fund, is encouraged	18385
to utilize and promote the utilization of, to the maximum	18386
practicable extent, the other existing programs, business	18387
incentives, and tax incentives that department is required or	18388
authorized to administer or supervise.	18389

Sec. 166.04. (A) Prior to entering into each agreement to	18390
provide assistance under sections 166.02, 166.06, and 166.07 of	18391
the Revised Code, the director of development services shall	18392
determine whether the assistance will conform to the requirements	18393
of sections 166.01 to 166.11 of the Revised Code. Such	18394
determination, and the facts upon which it is based, shall be set	18395
forth, where required, by the director in submissions made to the	18396
controlling board when the director seeks a release of moneys	18397
under section 166.02 of the Revised Code. An agreement to provide	18398
assistance under sections 166.02, 166.06, and 166.07 of the	18399
Revised Code shall set forth such determination, which shall be	18400
conclusive for purposes of the validity and enforceability of such	18401
agreement and any loan guarantees, loans, or other agreements	18402
entered into pursuant to such agreement to provide assistance.	18403

(B) Whenever a person applies for financial assistance under	18404
sections 166.02, 166.06, and 166.07 of the Revised Code and the	18405
project for which assistance is requested is to relocate	18406
facilities that are currently being operated by the person and	18407
that are located in another county, municipal corporation, or	18408
township, the ~~director~~person shall provide written notification	18409
of the relocation to the appropriate local governmental bodies ~~and~~	18410
~~state officials~~. ~~The~~Prior to entering into an agreement to	18411
provide the assistance, the director shall verify that such	18412
notification ~~shall contain the following information:~~	18413

~~(1) The name of the person applying for financial assistance;~~

18414

~~(2) The county, and the municipal corporation or township, in~~	18415
~~which the project for which assistance is requested is located;~~	18416
~~and~~	18417

~~(3) The county, and the municipal corporation or township, in~~	18418
~~which the facility to be replaced is located~~has been provided.	18419

18420

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	18421
means:	18422

~~(a)~~(1) The ~~boards~~board of county commissioners or	18423
legislative ~~authorities~~authority of the county in which the	18424
~~project for which assistance is requested is located and of the~~	18425
~~county in which the~~ facility to be replaced is located;	18426

~~(b)~~(2) The legislative authority of the municipal corporation	18427
or the board of township trustees of the township in which the	18428
~~project for which assistance is requested is located; and~~	18429

~~(c) The legislative authority of the municipal corporation or~~	18430
~~the board of township trustees of the township in which the~~	18431
facility to be replaced is located.	18432

~~(2) "State officials" means:~~

18433

~~(a) The state representative and state senator in whose~~	18434
~~districts the project for which assistance is requested is~~	18435
~~located;~~	18436

~~(b) The state representative and state senator in whose~~	18437
~~districts the facility to be replaced is located.~~	18438

Sec. 166.08. (A) As used in this chapter:

18439

(1) "Bond proceedings" means the resolution, order, trust	18440
agreement, indenture, lease, and other agreements, amendments and	18441
supplements to the foregoing, or any one or more or combination	18442
thereof, authorizing or providing for the terms and conditions	18443
applicable to, or providing for the security or liquidity of,	18444
obligations issued pursuant to this section, and the provisions	18445
contained in such obligations.	18446

(2) "Bond service charges" means principal, including	18447
mandatory sinking fund requirements for retirement of obligations,	18448
and interest, and redemption premium, if any, required to be paid	18449
by the state on obligations.	18450

(3) "Bond service fund" means the applicable fund and	18451
accounts therein created for and pledged to the payment of bond	18452
service charges, which may be, or may be part of, the economic	18453
development bond service fund created by division (S) of this	18454
section including all moneys and investments, and earnings from	18455
investments, credited and to be credited thereto.	18456

(4) "Issuing authority" means the treasurer of state, or the	18457
officer who by law performs the functions of such officer.	18458

(5) "Obligations" means bonds, notes, or other evidence of	18459
obligation including interest coupons pertaining thereto, issued	18460
pursuant to this section.	18461

(6) "Pledged receipts" means all receipts of the state	18462
representing the gross profit on the sale of spirituous liquor, as	18463
referred to in division (B)(4) of section 4301.10 of the Revised	18464
Code, after paying all costs and expenses of the division of	18465
liquor control and providing an adequate working capital reserve	18466
for the division of liquor control as provided in that division,	18467
but excluding the sum required by the second paragraph of section	18468
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	18469
paid into the state treasury; moneys accruing to the state from	18470
the lease, sale, or other disposition, or use, of project	18471
facilities, and from the repayment, including interest, of loans	18472
made from proceeds received from the sale of obligations; accrued	18473
interest received from the sale of obligations; income from the	18474
investment of the special funds; and any gifts, grants, donations,	18475
and pledges, and receipts therefrom, available for the payment of	18476
bond service charges.	18477

(7) "Special funds" or "funds" means, except where the	18478
context does not permit, the bond service fund, and any other	18479
funds, including reserve funds, created under the bond	18480
proceedings, and the economic development bond service fund	18481
created by division (S) of this section to the extent provided in	18482
the bond proceedings, including all moneys and investments, and	18483
earnings from investment, credited and to be credited thereto.	18484

(B) Subject to the limitations provided in section 166.11 of	18485
the Revised Code, the issuing authority, upon the certification by	18486
the director of development or, with respect to eligible advanced	18487
energy projects, the Ohio air quality development authority to the	18488
issuing authority of the amount of moneys or additional moneys	18489
needed in the facilities establishment fund, the loan guarantee	18490
fund, the innovation Ohio loan fund, the innovation Ohio loan	18491
guarantee fund, the research and development loan fund, the	18492
logistics and distribution infrastructure fund, ~~the logistics and~~	18493
~~distribution infrastructure taxable bond fund,~~ the advanced energy	18494
research and development fund, or the advanced energy research and	18495
development taxable fund, as applicable, for the purpose of	18496
paying, or making loans for, allowable costs from the facilities	18497
establishment fund, allowable innovation costs from the innovation	18498
Ohio loan fund, allowable costs from the research and development	18499
loan fund, allowable costs from the logistics and distribution	18500
infrastructure fund, ~~allowable costs from the logistics and~~	18501
~~distribution infrastructure taxable bond fund,~~ allowable costs	18502
from the advanced energy research and development fund, or	18503
allowable costs from the advanced energy research and development	18504
taxable fund, as applicable, or needed for capitalized interest,	18505
for funding reserves, and for paying costs and expenses incurred	18506
in connection with the issuance, carrying, securing, paying,	18507
redeeming, or retirement of the obligations or any obligations	18508
refunded thereby, including payment of costs and expenses relating	18509
to letters of credit, lines of credit, insurance, put agreements,	18510
standby purchase agreements, indexing, marketing, remarketing and	18511
administrative arrangements, interest swap or hedging agreements,	18512
and any other credit enhancement, liquidity, remarketing, renewal,	18513
or refunding arrangements, all of which are authorized by this	18514
section, or providing moneys for the loan guarantee fund or the	18515
innovation Ohio loan guarantee fund, as provided in this chapter	18516
or needed for the purposes of funds established in accordance with	18517
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	18518
122.561, 122.57, and 122.80 of the Revised Code which are within	18519
the authorization of Section 13 of Article VIII, Ohio	18520
Constitution, or, with respect to certain eligible advanced energy	18521
projects, Section 2p of Article VIII, Ohio Constitution, shall	18522
issue obligations of the state under this section in the required	18523
amount; provided that such obligations may be issued to satisfy	18524
the covenants in contracts of guarantee made under section 166.06	18525
or 166.15 of the Revised Code, notwithstanding limitations	18526
otherwise applicable to the issuance of obligations under this	18527
section. The proceeds of such obligations, except for the portion	18528
to be deposited in special funds, including reserve funds, as may	18529
be provided in the bond proceedings, shall as provided in the bond	18530
proceedings be deposited by the director of development to the	18531
facilities establishment fund, the loan guarantee fund, the	18532
innovation Ohio loan guarantee fund, the innovation Ohio loan	18533
fund, the research and development loan fund, or the logistics and	18534
distribution infrastructure fund, ~~or the logistics and~~	18535
~~distribution infrastructure taxable bond fund,~~ or be deposited by	18536
the Ohio air quality development authority to the advanced energy	18537
research and development fund or the advanced energy research and	18538
development taxable fund. Bond proceedings for project financing	18539
obligations may provide that the proceeds derived from the	18540
issuance of such obligations shall be deposited into such fund or	18541
funds provided for in the bond proceedings and, to the extent	18542
provided for in the bond proceedings, such proceeds shall be	18543
deemed to have been deposited into the facilities establishment	18544
fund and transferred to such fund or funds. The issuing authority	18545
may appoint trustees, paying agents, and transfer agents and may	18546
retain the services of financial advisors, accounting experts, and	18547
attorneys, and retain or contract for the services of marketing,	18548
remarketing, indexing, and administrative agents, other	18549
consultants, and independent contractors, including printing	18550
services, as are necessary in the issuing authority's judgment to	18551
carry out this section. The costs of such services are allowable	18552
costs payable from the facilities establishment fund or the	18553
research and development loan fund, allowable innovation costs	18554
payable from the innovation Ohio loan fund, or allowable costs	18555
payable from the logistics and distribution infrastructure fund,	18556
~~the logistics and distribution infrastructure taxable bond fund,~~	18557
the advanced energy research and development fund, or the advanced	18558
energy research and development taxable fund, as applicable.	18559

(C) The holders or owners of such obligations shall have no	18560
right to have moneys raised by taxation obligated or pledged, and	18561
moneys raised by taxation shall not be obligated or pledged, for	18562
the payment of bond service charges. Such holders or owners shall	18563
have no rights to payment of bond service charges from any moneys	18564
accruing to the state from the lease, sale, or other disposition,	18565
or use, of project facilities, or from payment of the principal of	18566
or interest on loans made, or fees charged for guarantees made, or	18567
from any money or property received by the director, treasurer of	18568
state, or the state under Chapter 122. of the Revised Code, or	18569
from any other use of the proceeds of the sale of the obligations,	18570
and no such moneys may be used for the payment of bond service	18571
charges, except for accrued interest, capitalized interest, and	18572
reserves funded from proceeds received upon the sale of the	18573
obligations and except as otherwise expressly provided in the	18574
applicable bond proceedings pursuant to written directions by the	18575
director. The right of such holders and owners to payment of bond	18576
service charges is limited to all or that portion of the pledged	18577
receipts and those special funds pledged thereto pursuant to the	18578
bond proceedings in accordance with this section, and each such	18579
obligation shall bear on its face a statement to that effect.	18580

(D) Obligations shall be authorized by resolution or order of	18581
the issuing authority and the bond proceedings shall provide for	18582
the purpose thereof and the principal amount or amounts, and shall	18583
provide for or authorize the manner or agency for determining the	18584
principal maturity or maturities, not exceeding twenty-five years	18585
from the date of issuance, the interest rate or rates or the	18586
maximum interest rate, the date of the obligations and the dates	18587
of payment of interest thereon, their denomination, and the	18588
establishment within or without the state of a place or places of	18589
payment of bond service charges. Sections 9.98 to 9.983 of the	18590
Revised Code are applicable to obligations issued under this	18591
section, subject to any applicable limitation under section 166.11	18592
of the Revised Code. The purpose of such obligations may be stated	18593
in the bond proceedings in terms describing the general purpose or	18594
purposes to be served. The bond proceedings also shall provide,	18595
subject to the provisions of any other applicable bond	18596
proceedings, for the pledge of all, or such part as the issuing	18597
authority may determine, of the pledged receipts and the	18598
applicable special fund or funds to the payment of bond service	18599
charges, which pledges may be made either prior or subordinate to	18600
other expenses, claims, or payments, and may be made to secure the	18601
obligations on a parity with obligations theretofore or thereafter	18602
issued, if and to the extent provided in the bond proceedings. The	18603
pledged receipts and special funds so pledged and thereafter	18604
received by the state are immediately subject to the lien of such	18605
pledge without any physical delivery thereof or further act, and	18606
the lien of any such pledges is valid and binding against all	18607
parties having claims of any kind against the state or any	18608
governmental agency of the state, irrespective of whether such	18609
parties have notice thereof, and shall create a perfected security	18610
interest for all purposes of Chapter 1309. of the Revised Code,	18611
without the necessity for separation or delivery of funds or for	18612
the filing or recording of the bond proceedings by which such	18613
pledge is created or any certificate, statement or other document	18614
with respect thereto; and the pledge of such pledged receipts and	18615
special funds is effective and the money therefrom and thereof may	18616
be applied to the purposes for which pledged without necessity for	18617
any act of appropriation. Every pledge, and every covenant and	18618
agreement made with respect thereto, made in the bond proceedings	18619
may therein be extended to the benefit of the owners and holders	18620
of obligations authorized by this section, and to any trustee	18621
therefor, for the further security of the payment of the bond	18622
service charges.	18623

(E) The bond proceedings may contain additional provisions as	18624
to:	18625

(1) The redemption of obligations prior to maturity at the	18626
option of the issuing authority at such price or prices and under	18627
such terms and conditions as are provided in the bond proceedings;	18628

(2) Other terms of the obligations;

18629

(3) Limitations on the issuance of additional obligations;

18630

(4) The terms of any trust agreement or indenture securing	18631
the obligations or under which the same may be issued;	18632

(5) The deposit, investment and application of special funds,	18633
and the safeguarding of moneys on hand or on deposit, without	18634
regard to Chapter 131. or 135. of the Revised Code, but subject to	18635
any special provisions of this chapter, with respect to particular	18636
funds or moneys, provided that any bank or trust company which	18637
acts as depository of any moneys in the special funds may furnish	18638
such indemnifying bonds or may pledge such securities as required	18639
by the issuing authority;	18640

(6) Any or every provision of the bond proceedings being	18641
binding upon such officer, board, commission, authority, agency,	18642
department, or other person or body as may from time to time have	18643
the authority under law to take such actions as may be necessary	18644
to perform all or any part of the duty required by such provision;	18645

(7) Any provision that may be made in a trust agreement or	18646
indenture;	18647

(8) Any other or additional agreements with the holders of	18648
the obligations, or the trustee therefor, relating to the	18649
obligations or the security therefor, including the assignment of	18650
mortgages or other security obtained or to be obtained for loans	18651
under section 122.43, 166.07, or 166.16 of the Revised Code.	18652

(F) The obligations may have the great seal of the state or a	18653
facsimile thereof affixed thereto or printed thereon. The	18654
obligations and any coupons pertaining to obligations shall be	18655
signed or bear the facsimile signature of the issuing authority.	18656
Any obligations or coupons may be executed by the person who, on	18657
the date of execution, is the proper issuing authority although on	18658
the date of such bonds or coupons such person was not the issuing	18659
authority. If the issuing authority whose signature or a facsimile	18660
of whose signature appears on any such obligation or coupon ceases	18661
to be the issuing authority before delivery thereof, such	18662
signature or facsimile is nevertheless valid and sufficient for	18663
all purposes as if the former issuing authority had remained the	18664
issuing authority until such delivery; and if the seal to be	18665
affixed to obligations has been changed after a facsimile of the	18666
seal has been imprinted on such obligations, such facsimile seal	18667
shall continue to be sufficient as to such obligations and	18668
obligations issued in substitution or exchange therefor.	18669

(G) All obligations are negotiable instruments and securities	18670
under Chapter 1308. of the Revised Code, subject to the provisions	18671
of the bond proceedings as to registration. The obligations may be	18672
issued in coupon or in registered form, or both, as the issuing	18673
authority determines. Provision may be made for the registration	18674
of any obligations with coupons attached thereto as to principal	18675
alone or as to both principal and interest, their exchange for	18676
obligations so registered, and for the conversion or reconversion	18677
into obligations with coupons attached thereto of any obligations	18678
registered as to both principal and interest, and for reasonable	18679
charges for such registration, exchange, conversion, and	18680
reconversion.	18681

(H) Obligations may be sold at public sale or at private	18682
sale, as determined in the bond proceedings.	18683

Obligations issued to provide moneys for the loan guarantee	18684
fund or the innovation Ohio loan guarantee fund may, as determined	18685
by the issuing authority, be sold at private sale, and without	18686
publication of a notice of sale.	18687

(I) Pending preparation of definitive obligations, the	18688
issuing authority may issue interim receipts or certificates which	18689
shall be exchanged for such definitive obligations.	18690

(J) In the discretion of the issuing authority, obligations	18691
may be secured additionally by a trust agreement or indenture	18692
between the issuing authority and a corporate trustee which may be	18693
any trust company or bank having a place of business within the	18694
state. Any such agreement or indenture may contain the resolution	18695
or order authorizing the issuance of the obligations, any	18696
provisions that may be contained in any bond proceedings, and	18697
other provisions which are customary or appropriate in an	18698
agreement or indenture of such type, including, but not limited	18699
to:	18700

(1) Maintenance of each pledge, trust agreement, indenture,	18701
or other instrument comprising part of the bond proceedings until	18702
the state has fully paid the bond service charges on the	18703
obligations secured thereby, or provision therefor has been made;	18704

(2) In the event of default in any payments required to be	18705
made by the bond proceedings, or any other agreement of the	18706
issuing authority made as a part of the contract under which the	18707
obligations were issued, enforcement of such payments or agreement	18708
by mandamus, the appointment of a receiver, suit in equity, action	18709
at law, or any combination of the foregoing;	18710

(3) The rights and remedies of the holders of obligations and	18711
of the trustee, and provisions for protecting and enforcing them,	18712
including limitations on rights of individual holders of	18713
obligations;	18714

(4) The replacement of any obligations that become mutilated	18715
or are destroyed, lost, or stolen;	18716

(5) Such other provisions as the trustee and the issuing	18717
authority agree upon, including limitations, conditions, or	18718
qualifications relating to any of the foregoing.	18719

(K) Any holders of obligations or trustees under the bond	18720
proceedings, except to the extent that their rights are restricted	18721
by the bond proceedings, may by any suitable form of legal	18722
proceedings, protect and enforce any rights under the laws of this	18723
state or granted by such bond proceedings. Such rights include the	18724
right to compel the performance of all duties of the issuing	18725
authority, the director of development, the Ohio air quality	18726
development authority, or the division of liquor control required	18727
by this chapter or the bond proceedings; to enjoin unlawful	18728
activities; and in the event of default with respect to the	18729
payment of any bond service charges on any obligations or in the	18730
performance of any covenant or agreement on the part of the	18731
issuing authority, the director of development, the Ohio air	18732
quality development authority, or the division of liquor control	18733
in the bond proceedings, to apply to a court having jurisdiction	18734
of the cause to appoint a receiver to receive and administer the	18735
pledged receipts and special funds, other than those in the	18736
custody of the treasurer of state, which are pledged to the	18737
payment of the bond service charges on such obligations or which	18738
are the subject of the covenant or agreement, with full power to	18739
pay, and to provide for payment of bond service charges on, such	18740
obligations, and with such powers, subject to the direction of the	18741
court, as are accorded receivers in general equity cases,	18742
excluding any power to pledge additional revenues or receipts or	18743
other income or moneys of the issuing authority or the state or	18744
governmental agencies of the state to the payment of such	18745
principal and interest and excluding the power to take possession	18746
of, mortgage, or cause the sale or otherwise dispose of any	18747
project facilities.	18748

Each duty of the issuing authority and the issuing	18749
authority's officers and employees, and of each governmental	18750
agency and its officers, members, or employees, undertaken	18751
pursuant to the bond proceedings or any agreement or lease,	18752
lease-purchase agreement, or loan made under authority of this	18753
chapter, and in every agreement by or with the issuing authority,	18754
is hereby established as a duty of the issuing authority, and of	18755
each such officer, member, or employee having authority to perform	18756
such duty, specifically enjoined by the law resulting from an	18757
office, trust, or station within the meaning of section 2731.01 of	18758
the Revised Code.	18759

The person who is at the time the issuing authority, or the	18760
issuing authority's officers or employees, are not liable in their	18761
personal capacities on any obligations issued by the issuing	18762
authority or any agreements of or with the issuing authority.	18763

(L) The issuing authority may authorize and issue obligations	18764
for the refunding, including funding and retirement, and advance	18765
refunding with or without payment or redemption prior to maturity,	18766
of any obligations previously issued by the issuing authority.	18767
Such obligations may be issued in amounts sufficient for payment	18768
of the principal amount of the prior obligations, any redemption	18769
premiums thereon, principal maturities of any such obligations	18770
maturing prior to the redemption of the remaining obligations on a	18771
parity therewith, interest accrued or to accrue to the maturity	18772
dates or dates of redemption of such obligations, and any	18773
allowable costs including expenses incurred or to be incurred in	18774
connection with such issuance and such refunding, funding, and	18775
retirement. Subject to the bond proceedings therefor, the portion	18776
of proceeds of the sale of obligations issued under this division	18777
to be applied to bond service charges on the prior obligations	18778
shall be credited to an appropriate account held by the trustee	18779
for such prior or new obligations or to the appropriate account in	18780
the bond service fund for such obligations. Obligations authorized	18781
under this division shall be deemed to be issued for those	18782
purposes for which such prior obligations were issued and are	18783
subject to the provisions of this section pertaining to other	18784
obligations, except as otherwise provided in this section;	18785
provided that, unless otherwise authorized by the general	18786
assembly, any limitations imposed by the general assembly pursuant	18787
to this section with respect to bond service charges applicable to	18788
the prior obligations shall be applicable to the obligations	18789
issued under this division to refund, fund, advance refund or	18790
retire such prior obligations.	18791

(M) The authority to issue obligations under this section	18792
includes authority to issue obligations in the form of bond	18793
anticipation notes and to renew the same from time to time by the	18794
issuance of new notes. The holders of such notes or interest	18795
coupons pertaining thereto shall have a right to be paid solely	18796
from the pledged receipts and special funds that may be pledged to	18797
the payment of the bonds anticipated, or from the proceeds of such	18798
bonds or renewal notes, or both, as the issuing authority provides	18799
in the resolution or order authorizing such notes. Such notes may	18800
be additionally secured by covenants of the issuing authority to	18801
the effect that the issuing authority and the state will do such	18802
or all things necessary for the issuance of such bonds or renewal	18803
notes in appropriate amount, and apply the proceeds thereof to the	18804
extent necessary, to make full payment of the principal of and	18805
interest on such notes at the time or times contemplated, as	18806
provided in such resolution or order. For such purpose, the	18807
issuing authority may issue bonds or renewal notes in such	18808
principal amount and upon such terms as may be necessary to	18809
provide funds to pay when required the principal of and interest	18810
on such notes, notwithstanding any limitations prescribed by or	18811
for purposes of this section. Subject to this division, all	18812
provisions for and references to obligations in this section are	18813
applicable to notes authorized under this division.	18814

The issuing authority in the bond proceedings authorizing the	18815
issuance of bond anticipation notes shall set forth for such bonds	18816
an estimated interest rate and a schedule of principal payments	18817
for such bonds and the annual maturity dates thereof, and for	18818
purposes of any limitation on bond service charges prescribed	18819
under division (A) of section 166.11 of the Revised Code, the	18820
amount of bond service charges on such bond anticipation notes is	18821
deemed to be the bond service charges for the bonds anticipated	18822
thereby as set forth in the bond proceedings applicable to such	18823
notes, but this provision does not modify any authority in this	18824
section to pledge receipts and special funds to, and covenant to	18825
issue bonds to fund, the payment of principal of and interest and	18826
any premium on such notes.	18827

(N) Obligations issued under this section are lawful	18828
investments for banks, societies for savings, savings and loan	18829
associations, deposit guarantee associations, trust companies,	18830
trustees, fiduciaries, insurance companies, including domestic for	18831
life and domestic not for life, trustees or other officers having	18832
charge of sinking and bond retirement or other special funds of	18833
political subdivisions and taxing districts of this state, the	18834
commissioners of the sinking fund of the state, the administrator	18835
of workers' compensation, the state teachers retirement system,	18836
the public employees retirement system, the school employees	18837
retirement system, and the Ohio police and fire pension fund,	18838
notwithstanding any other provisions of the Revised Code or rules	18839
adopted pursuant thereto by any governmental agency of the state	18840
with respect to investments by them, and are also acceptable as	18841
security for the deposit of public moneys.	18842

(O) Unless otherwise provided in any applicable bond	18843
proceedings, moneys to the credit of or in the special funds	18844
established by or pursuant to this section may be invested by or	18845
on behalf of the issuing authority only in notes, bonds, or other	18846
obligations of the United States, or of any agency or	18847
instrumentality of the United States, obligations guaranteed as to	18848
principal and interest by the United States, obligations of this	18849
state or any political subdivision of this state, and certificates	18850
of deposit of any national bank located in this state and any	18851
bank, as defined in section 1101.01 of the Revised Code, subject	18852
to inspection by the superintendent of banks. If the law or the	18853
instrument creating a trust pursuant to division (J) of this	18854
section expressly permits investment in direct obligations of the	18855
United States or an agency of the United States, unless expressly	18856
prohibited by the instrument, such moneys also may be invested in	18857
no-front-end-load money market mutual funds consisting exclusively	18858
of obligations of the United States or an agency of the United	18859
States and in repurchase agreements, including those issued by the	18860
fiduciary itself, secured by obligations of the United States or	18861
an agency of the United States; and in common trust funds	18862
established in accordance with section 1111.20 of the Revised Code	18863
and consisting exclusively of any such securities, notwithstanding	18864
division (A)(4) of that section. The income from such investments	18865
shall be credited to such funds as the issuing authority	18866
determines, and such investments may be sold at such times as the	18867
issuing authority determines or authorizes.	18868

(P) Provision may be made in the applicable bond proceedings	18869
for the establishment of separate accounts in the bond service	18870
fund and for the application of such accounts only to the	18871
specified bond service charges on obligations pertinent to such	18872
accounts and bond service fund and for other accounts therein	18873
within the general purposes of such fund. Unless otherwise	18874
provided in any applicable bond proceedings, moneys to the credit	18875
of or in the several special funds established pursuant to this	18876
section shall be disbursed on the order of the treasurer of state,	18877
provided that no such order is required for the payment from the	18878
bond service fund when due of bond service charges on obligations.	18879

(Q) The issuing authority may pledge all, or such portion as	18880
the issuing authority determines, of the pledged receipts to the	18881
payment of bond service charges on obligations issued under this	18882
section, and for the establishment and maintenance of any	18883
reserves, as provided in the bond proceedings, and make other	18884
provisions therein with respect to pledged receipts as authorized	18885
by this chapter, which provisions are controlling notwithstanding	18886
any other provisions of law pertaining thereto.	18887

(R) The issuing authority may covenant in the bond	18888
proceedings, and any such covenants are controlling	18889
notwithstanding any other provision of law, that the state and	18890
applicable officers and governmental agencies of the state,	18891
including the general assembly, so long as any obligations are	18892
outstanding, shall:	18893

(1) Maintain statutory authority for and cause to be charged	18894
and collected wholesale and retail prices for spirituous liquor	18895
sold by the state or its agents so that the pledged receipts are	18896
sufficient in amount to meet bond service charges, and the	18897
establishment and maintenance of any reserves and other	18898
requirements provided for in the bond proceedings, and, as	18899
necessary, to meet covenants contained in contracts of guarantee	18900
made under section 166.06 of the Revised Code;	18901

(2) Take or permit no action, by statute or otherwise, that	18902
would impair the exemption from federal income taxation of the	18903
interest on the obligations.	18904

(S) There is hereby created the economic development bond	18905
service fund, which shall be in the custody of the treasurer of	18906
state but shall be separate and apart from and not a part of the	18907
state treasury. All moneys received by or on account of the	18908
issuing authority or state agencies and required by the applicable	18909
bond proceedings, consistent with this section, to be deposited,	18910
transferred, or credited to a bond service fund or the economic	18911
development bond service fund, and all other moneys transferred or	18912
allocated to or received for the purposes of the fund, shall be	18913
deposited and credited to such fund and to any separate accounts	18914
therein, subject to applicable provisions of the bond proceedings,	18915
but without necessity for any act of appropriation. During the	18916
period beginning with the date of the first issuance of	18917
obligations and continuing during such time as any such	18918
obligations are outstanding, and so long as moneys in the	18919
pertinent bond service funds are insufficient to pay all bond	18920
services charges on such obligations becoming due in each year, a	18921
sufficient amount of the gross profit on the sale of spirituous	18922
liquor included in pledged receipts are committed and shall be	18923
paid to the bond service fund or economic development bond service	18924
fund in each year for the purpose of paying the bond service	18925
charges becoming due in that year without necessity for further	18926
act of appropriation for such purpose and notwithstanding anything	18927
to the contrary in Chapter 4301. of the Revised Code. The economic	18928
development bond service fund is a trust fund and is hereby	18929
pledged to the payment of bond service charges to the extent	18930
provided in the applicable bond proceedings, and payment thereof	18931
from such fund shall be made or provided for by the treasurer of	18932
state in accordance with such bond proceedings without necessity	18933
for any act of appropriation.	18934

(T) The obligations, the transfer thereof, and the income	18935
therefrom, including any profit made on the sale thereof, shall at	18936
all times be free from taxation within the state.	18937

Sec. 166.25. (A) The director of development services, with	18938
the approval of the controlling board and subject to the other	18939
applicable provisions of this chapter, may lend money in the	18940
logistics and distribution infrastructure fund ~~and the logistics~~	18941
~~and distribution infrastructure taxable bond fund~~ to persons for	18942
the purpose of paying allowable costs of eligible logistics and	18943
distribution projects.	18944

(B) In determining the eligible logistics and distribution	18945
projects to be assisted and the nature, amount, and terms of	18946
assistance to be provided for an eligible logistics and	18947
distribution project, the director shall consult with appropriate	18948
governmental agencies, including the department of transportation	18949
and the Ohio rail development commission.	18950

(C) Any loan made pursuant to this section shall be evidenced	18951
by a loan agreement, which shall contain such terms as the	18952
director determines necessary or appropriate, including	18953
performance measures and reporting requirements. The director may	18954
take actions necessary or appropriate to collect or otherwise deal	18955
with any loan made under this section, including requiring a loan	18956
recipient to repay the amount of the loan plus interest at a rate	18957
of three per cent above the federal short term interest rate or	18958
any other rate determined by the director.	18959

Sec. 167.03. (A) The council shall have the power to:

18960

(1) Study such area governmental problems common to two or	18961
more members of the council as it deems appropriate, including but	18962
not limited to matters affecting health, safety, welfare,	18963
education, economic conditions, and regional development;	18964

(2) Promote cooperative arrangements and coordinate action	18965
among its members, and between its members and other agencies of	18966
local or state governments, whether or not within Ohio, and the	18967
federal government;	18968

(3) Make recommendations for review and action to the members	18969
and other public agencies that perform functions within the	18970
region;	18971

(4) Promote cooperative agreements and contracts among its	18972
members or other governmental agencies and private persons,	18973
corporations, or agencies;	18974

(5) Operate a public safety answering point in accordance	18975
with Chapter ~~5507~~128. of the Revised Code;	18976

(6) Perform planning directly by personnel of the council, or	18977
under contracts between the council and other public or private	18978
planning agencies.	18979

(B) The council may:

18980

(1) Review, evaluate, comment upon, and make recommendations,	18981
relative to the planning and programming, and the location,	18982
financing, and scheduling of public facility projects within the	18983
region and affecting the development of the area;	18984

(2) Act as an areawide agency to perform comprehensive	18985
planning for the programming, locating, financing, and scheduling	18986
of public facility projects within the region and affecting the	18987
development of the area and for other proposed land development or	18988
uses, which projects or uses have public metropolitan wide or	18989
interjurisdictional significance;	18990

(3) Act as an agency for coordinating, based on metropolitan	18991
wide comprehensive planning and programming, local public	18992
policies, and activities affecting the development of the region	18993
or area.	18994

(C) The council may, by appropriate action of the governing	18995
bodies of the members, perform such other functions and duties as	18996
are performed or capable of performance by the members and	18997
necessary or desirable for dealing with problems of mutual	18998
concern.	18999

(D) The authority granted to the council by this section or	19000
in any agreement by the members thereof shall not displace any	19001
existing municipal, county, regional, or other planning commission	19002
or planning agency in the exercise of its statutory powers.	19003

Sec. 169.02. Subject to division (B) of section 169.01 of	19004
the Revised Code, the following constitute unclaimed funds:	19005

(A) Except as provided in division (R) of this section, any	19006
demand, savings, or matured time deposit account, or matured	19007
certificate of deposit, together with any interest or dividend on	19008
it, less any lawful claims, that is held or owed by a holder which	19009
is a financial organization, unclaimed for a period of five years;	19010

(B) Any funds paid toward the purchase of withdrawable shares	19011
or other interest in a financial organization, and any interest or	19012
dividends on them, less any lawful claims, that is held or owed by	19013
a holder which is a financial organization, unclaimed for a period	19014
of five years;	19015

(C) Except as provided in division (A) of section 3903.45 of	19016
the Revised Code, moneys held or owed by a holder, including a	19017
fraternal association, providing life insurance, including annuity	19018
or endowment coverage, unclaimed for three years after becoming	19019
payable as established from the records of such holder under any	19020
life or endowment insurance policy or annuity contract that has	19021
matured or terminated. An insurance policy, the proceeds of which	19022
are payable on the death of the insured, not matured by proof of	19023
death of the insured is deemed matured and the proceeds payable if	19024
such policy was in force when the insured attained the limiting	19025
age under the mortality table on which the reserve is based.	19026

Moneys otherwise payable according to the records of such	19027
holder are deemed payable although the policy or contract has not	19028
been surrendered as required.	19029

(D) Any deposit made to secure payment or any sum paid in	19030
advance for utility services of a public utility and any amount	19031
refundable from rates or charges collected by a public utility for	19032
utility services held or owed by a holder, less any lawful claims,	19033
that has remained unclaimed for one year after the termination of	19034
the services for which the deposit or advance payment was made or	19035
one year from the date the refund was payable, whichever is	19036
earlier;	19037

(E) Except as provided in division (R) of this section, any	19038
certificates, securities as defined in section 1707.01 of the	19039
Revised Code, nonwithdrawable shares, other instruments evidencing	19040
ownership, or rights to them or funds paid toward the purchase of	19041
them, or any dividend, capital credit, profit, distribution,	19042
interest, or payment on principal or other sum, held or owed by a	19043
holder, including funds deposited with a fiscal agent or fiduciary	19044
for payment of them, and instruments representing an ownership	19045
interest, unclaimed for five years. Any underlying share or other	19046
intangible instrument representing an ownership interest in a	19047
business association, in which the issuer has recorded on its	19048
books the issuance of the share but has been unable to deliver the	19049
certificate to the shareholder, constitutes unclaimed funds if	19050
such underlying share is unclaimed for five years. In addition, an	19051
underlying share constitutes unclaimed funds if a dividend,	19052
distribution, or other sum payable as a result of the underlying	19053
share has remained unclaimed by the owner for five years.	19054

This division shall not prejudice the rights of fiscal agents	19055
or fiduciaries for payment to return the items described in this	19056
division to their principals, according to the terms of an agency	19057
or fiduciary agreement, but such a return shall constitute the	19058
principal as the holder of the items and shall not interrupt the	19059
period for computing the time for which the items have remained	19060
unclaimed.	19061

In the case of any such funds accruing and held or owed by a	19062
corporation under division (E) of section 1701.24 of the Revised	19063
Code, such corporation shall comply with this chapter, subject to	19064
the limitation contained in section 1701.34 of the Revised Code.	19065
The period of time for which such funds have gone unclaimed	19066
specified in section 1701.34 of the Revised Code shall be	19067
computed, with respect to dividends or distributions, commencing	19068
as of the dates when such dividends or distributions would have	19069
been payable to the shareholder had such shareholder surrendered	19070
the certificates for cancellation and exchange by the date	19071
specified in the order relating to them.	19072

Capital credits of a cooperative which after January 1, 1972,	19073
have been allocated to members and which by agreement are	19074
expressly required to be paid if claimed after death of the owner	19075
are deemed payable, for the purpose of this chapter, fifteen years	19076
after either the termination of service by the cooperative to the	19077
owner or upon the nonactivity as provided in division (B) of	19078
section 169.01 of the Revised Code, whichever occurs later,	19079
provided that this provision does not apply if the payment is not	19080
mandatory.	19081

(F) Any sum payable on certified checks or other written	19082
instruments certified or issued and representing funds held or	19083
owed by a holder, less any lawful claims, that are unclaimed for	19084
five years from the date payable or from the date of issuance if	19085
payable on demand; except that the unclaimed period for money	19086
orders that are not third party bank checks is seven years, and	19087
the unclaimed period for traveler's checks is fifteen years, from	19088
the date payable or from the date of issuance if payable on	19089
demand.	19090

As used in this division, "written instruments" include, but	19091
are not limited to, certified checks, cashier's checks, bills of	19092
exchange, letters of credit, drafts, money orders, and traveler's	19093
checks.	19094

If there is no address of record for the owner or other	19095
person entitled to the funds, such address is presumed to be the	19096
address where the instrument was certified or issued.	19097

(G) Except as provided in division (R) of this section, all	19098
moneys, rights to moneys, or other intangible property, arising	19099
out of the business of engaging in the purchase or sale of	19100
securities, or otherwise dealing in intangibles, less any lawful	19101
claims, that are held or owed by a holder and are unclaimed for	19102
five years from the date of transaction.	19103

(H) Except as provided in division (A) of section 3903.45 of	19104
the Revised Code, all moneys, rights to moneys, and other	19105
intangible property distributable in the course of dissolution or	19106
liquidation of a holder that are unclaimed for one year after the	19107
date set by the holder for distribution;	19108

(I) All moneys, rights to moneys, or other intangible	19109
property removed from a safe-deposit box or other safekeeping	19110
repository located in this state or removed from a safe-deposit	19111
box or other safekeeping repository of a holder, on which the	19112
lease or rental period has expired, or any amount arising from the	19113
sale of such property, less any lawful claims, that are unclaimed	19114
for three years from the date on which the lease or rental period	19115
expired;	19116

(J) Subject to division (M)(2) of this section, all moneys,	19117
rights to moneys, or other intangible property, and any income or	19118
increment on them, held or owed by a holder which is a fiduciary	19119
for the benefit of another, or a fiduciary or custodian of a	19120
qualified retirement plan or individual retirement arrangement	19121
under section 401 or 408 of the Internal Revenue Code, unclaimed	19122
for three years after the final date for distribution;	19123

(K) All moneys, rights to moneys, or other intangible	19124
property held or owed in this state or held for or owed to an	19125
owner whose last known address is within this state, by the United	19126
States government or any state, as those terms are described in	19127
division (E) of section 169.01 of the Revised Code, unclaimed by	19128
the owner for three years, excluding any property in the control	19129
of any court in a proceeding in which a final adjudication has not	19130
been made;	19131

(L) Amounts payable pursuant to the terms of any policy of	19132
insurance, other than life insurance, or any refund available	19133
under such a policy, held or owed by any holder, unclaimed for	19134
three years from the date payable or distributable;	19135

(M)(1) Subject to division (M)(2) of this section, any funds	19136
constituting rents or lease payments due, any deposit made to	19137
secure payment of rents or leases, or any sum paid in advance for	19138
rents, leases, possible damage to property, unused services,	19139
performance requirements, or any other purpose, held or owed by a	19140
holder unclaimed for one year;	19141

(2) Any escrow funds, security deposits, or other moneys that	19142
are received by a licensed broker in a fiduciary capacity and	19143
that, pursuant to division (A)(26) of section 4735.18 of the	19144
Revised Code, are required to be deposited into and maintained in	19145
a special or trust, noninterest-bearing bank account separate and	19146
distinct from any personal or other account of the licensed	19147
broker, held or owed by the licensed broker unclaimed for two	19148
years.	19149

(N) Any sum greater than fifty dollars payable as wages, any	19150
sum payable as salaries or commissions, any sum payable for	19151
services rendered, funds owed or held as royalties, oil and	19152
mineral proceeds, funds held for or owed to suppliers, and moneys	19153
owed under pension and profit-sharing plans, held or owed by any	19154
holder unclaimed for one year from date payable or distributable,	19155
and all other credits held or owed, or to be refunded to a retail	19156
customer, by any holder unclaimed for three years from date	19157
payable or distributable;	19158

(O) Amounts held in respect of or represented by lay-aways	19159
sold after January 1, 1972, less any lawful claims, when such	19160
lay-aways are unclaimed for three years after the sale of them;	19161

(P) All moneys, rights to moneys, and other intangible	19162
property not otherwise constituted as unclaimed funds by this	19163
section, including any income or increment on them, less any	19164
lawful claims, which are held or owed by any holder, other than a	19165
holder which holds a permit issued pursuant to Chapter 3769. of	19166
the Revised Code, and which have remained unclaimed for three	19167
years after becoming payable or distributable;	19168

(Q) All moneys that arise out of a sale held pursuant to	19169
section 5322.03 of the Revised Code, that are held by a holder for	19170
delivery on demand to the appropriate person pursuant to division	19171
(I) of that section, and that are unclaimed for two years after	19172
the date of the sale.	19173

(R)(1) Any funds that are subject to an agreement between the	19174
holder and owner providing for automatic reinvestment and that	19175
constitute dividends, distributions, or other sums held or owed by	19176
a holder in connection with a security as defined in section	19177
1707.01 of the Revised Code, an ownership interest in an	19178
investment company registered under the "Investment Company Act of	19179
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	19180
of deposit, unclaimed for a period of five years.	19181

(2) The five-year period under division (R)(1) of this	19182
section commences from the date a second shareholder notification	19183
or communication mailing to the owner of the funds is returned to	19184
the holder as undeliverable by the United States postal service or	19185
other carrier. The notification or communication mailing by the	19186
holder shall be no less frequent than quarterly.	19187

All moneys in a personal allowance account, as defined by	19188
rules adopted by the medicaid director ~~of job and family services~~,	19189
up to and including the maximum resource limitation, of a medicaid	19190
~~patient~~recipient who has died after receiving care in a long-term	19191
care facility, and for whom there is no identifiable heir or	19192
sponsor, are not subject to this chapter.	19193

Sec. 169.05. (A) Every holder required to file a report	19194
under section 169.03 of the Revised Code shall, at the time of	19195
filing, pay to the director of commerce ten per cent of the	19196
aggregate amount of unclaimed funds as shown on the report, except	19197
for aggregate amounts of fifty dollars or less in which case one	19198
hundred per cent shall be paid. The funds may be deposited by the	19199
director in the state treasury to the credit of the unclaimed	19200
funds trust fund, which is hereby created, or placed with a	19201
financial organization. Any interest earned on money in the trust	19202
fund shall be credited to the trust fund. The remainder of the	19203
aggregate amount of unclaimed funds as shown on the report, plus	19204
earnings accrued to date of payment to the director, shall, at the	19205
option of the director, be retained by the holder or paid to the	19206
director for deposit as agent for the mortgage funds with a	19207
financial organization as defined in section 169.01 of the Revised	19208
Code, with the funds to be in income-bearing accounts to the	19209
credit of the mortgage funds, or the holder may enter into an	19210
agreement with the director specifying the obligations of the	19211
United States in which funds are to be invested, and agree to pay	19212
the interest on the obligations to the state. Holders retaining	19213
any funds not in obligations of the United States shall enter into	19214
an agreement with the director specifying the classification of	19215
income-bearing account in which the funds will be held and pay the	19216
state interest on the funds at a rate equal to the prevailing	19217
market rate for similar funds. Moneys that the holder is required	19218
to pay to the director rather than to retain may be deposited with	19219
the treasurer of state, or placed with a financial organization.	19220

Securities and other intangible property transferred to the	19221
director shall, within a reasonable time, be converted to cash and	19222
the proceeds deposited as provided for other funds.	19223

One-half of the funds evidenced by agreements, in	19224
income-bearing accounts, or on deposit with the treasurer of state	19225
shall be allocated on the records of the director to the mortgage	19226
insurance fund created by section 122.561 of the Revised Code. Out	19227
of the remaining half, after allocation of sufficient moneys to	19228
the minority business bonding fund to meet the provisions of	19229
division (B) of this section, the remainder shall be allocated on	19230
the records of the director to the housing development fund	19231
created by division (A) of section 175.11 of the Revised Code.	19232

(B) The director shall serve as agent for the director of	19233
development and as agent for the Ohio housing finance agency in	19234
making deposits and withdrawals and maintaining records pertaining	19235
to the minority business bonding fund created by section 122.88 of	19236
the Revised Code, the mortgage insurance fund, and the housing	19237
development fund created by section 175.11 of the Revised Code.	19238
Funds from the mortgage insurance fund are available to the	19239
director of development when those funds are to be disbursed to	19240
prevent or cure, or upon the occurrence of, a default of a	19241
mortgage insured pursuant to section 122.451 of the Revised Code.	19242
Funds from the housing development fund are available upon request	19243
to the Ohio housing finance agency, in an amount not to exceed the	19244
funds allocated on the records of the director, for the purposes	19245
of section 175.05 of the Revised Code. Funds from the minority	19246
business bonding fund are available to the director of development	19247
upon request to pay obligations on bonds the director writes	19248
pursuant to section 122.88 of the Revised Code; except that,	19249
unless the general assembly authorizes additional amounts, the	19250
total maximum amount of moneys that may be allocated to the	19251
minority business bonding fund under this division is ten million	19252
dollars.	19253

When funds are to be disbursed, the appropriate agency shall	19254
call upon the director to transfer the necessary funds to it. The	19255
director shall first withdraw the funds paid by the holders and	19256
deposited with the treasurer of state or in a financial	19257
institution as agent for the funds. Whenever these funds are	19258
inadequate to meet the request, the director shall provide for a	19259
withdrawal of funds, within a reasonable time and in the amount	19260
necessary to meet the request, from financial institutions in	19261
which the funds were retained or placed by a holder and from other	19262
holders who have retained funds, in an equitable manner as the	19263
director prescribes. In the event that the amount to be withdrawn	19264
from any one holder is less than five hundred dollars, the amount	19265
to be withdrawn is at the director's discretion. The director	19266
shall then transfer to the agency the amount of funds requested.	19267

Funds deposited in the unclaimed funds trust fund are subject	19268
to call by the director when necessary to pay claims the director	19269
allows under section 169.08 of the Revised Code, in accordance	19270
with the director's rules, to defray the necessary costs of making	19271
publications this chapter requires and to pay other operating and	19272
administrative expenses the department of commerce incurs in the	19273
administration and enforcement of this chapter.	19274

The unclaimed funds trust fund shall be assessed a	19275
proportionate share of the administrative costs of the department	19276
of commerce in accordance with procedures the director of commerce	19277
prescribes and the director of budget and management approves. The	19278
assessment shall be paid from the unclaimed funds trust fund to	19279
the division of administration fund.	19280

(C) Earnings on the accounts in financial organizations to	19281
the credit of the mortgage funds shall, at the option of the	19282
financial organization, be credited to the accounts at times and	19283
at rates as earnings are paid on other accounts of the same	19284
classification held in the financial organization or paid to the	19285
director. The director shall be notified annually, and at other	19286
times as the director may request, of the amount of the earnings	19287
credited to the accounts. Interest on unclaimed funds a holder	19288
retains shall be paid to the director or credited as specified in	19289
the agreement under which the organization retains the funds.	19290
Interest payable to the director under an agreement to invest	19291
unclaimed funds ~~and~~in income-bearing accounts or obligations of	19292
the United States shall be paid annually by the holder to the	19293
director. Any earnings or interest the director receives under	19294
this division shall be deposited in and credited to the mortgage	19295
funds.	19296

Sec. 169.07. (A) Upon the payment of unclaimed funds to the	19297
director of commerce under section 169.05 of the Revised Code the	19298
holder will be relieved of further responsibility for the	19299
safe-keeping thereof and will be held harmless by the state from	19300
any and all liabilities for any claim arising out of the transfer	19301
of such funds to the state.	19302

(B) If legal proceedings are instituted against a holder	19303
which has paid unclaimed funds to the director or entered into an	19304
agreement as provided in section 169.05 of the Revised Code in	19305
respect to such funds, such holder shall notify the director in	19306
writing of the pendency of such proceedings and the director shall	19307
intervene and assume the defense of such proceedings. Failure to	19308
give such notice shall absolve the state from any and all	19309
liability which it may have with regard to such funds. If judgment	19310
is entered against such holder, the director shall, upon proof of	19311
satisfaction of such judgment, forthwith reimburse such	19312
organization for the amount of the judgment or enter into an	19313
agreement modified to reflect the satisfaction of such judgment,	19314
if the holder retained such funds, and shall reimburse such holder	19315
for any legal fees, costs and other expenses incurred in such	19316
proceedings in the manner provided for the payment of claims under	19317
~~division~~divisions (D) and (E) of section 169.08 of the Revised	19318
Code.	19319

Sec. 169.08. (A) The director shall pay to the owner or	19320
other person who has established the right to payment under this	19321
section, funds from the unclaimed funds trust fund in an amount	19322
equal to the amount of property delivered or reported to the	19323
director, or equal to the net proceeds if the securities or other	19324
property have been sold, together with interest earned by the	19325
state if required to be paid under division (D) of this section.	19326
Any person claiming a property interest in unclaimed funds	19327
delivered or reported to the state under Chapter 169. of the	19328
Revised Code, including the office of child support in the	19329
department of job and family services, pursuant to section 3123.88	19330
of the Revised Code, may file a claim thereto on the form	19331
prescribed by the director of commerce.	19332

(B) The director shall consider matters relevant to any claim	19333
filed under division (A) of this section and shall hold a formal	19334
hearing if requested or considered necessary and receive evidence	19335
concerning such claim. A finding and decision in writing on each	19336
claim filed shall be prepared, stating the substance of any	19337
evidence received or heard and the reasons for allowance or	19338
disallowance of the claim. The evidence and decision shall be a	19339
public record. No statute of limitations shall bar the allowance	19340
of a claim.	19341

(C) For the purpose of conducting any hearing, the director	19342
may require the attendance of such witnesses and the production of	19343
such books, records, and papers as the director desires, and the	19344
director may take the depositions of witnesses residing within or	19345
without this state in the same manner as is prescribed by law for	19346
the taking of depositions in civil actions in the court of common	19347
pleas, and for that purpose the director may issue a subpoena for	19348
any witness or a subpoena duces tecum to compel the production of	19349
any books, records, or papers, directed to the sheriff of the	19350
county where such witness resides or is found, which shall be	19351
served and returned. The fees of the sheriff shall be the same as	19352
that allowed in the court of common pleas in criminal cases.	19353
Witnesses shall be paid the fees and mileage provided for under	19354
section 119.094 of the Revised Code. Fees and mileage shall be	19355
paid from the unclaimed funds trust fund.	19356

(D) Interest ~~is not~~earned by the state shall be payable to	19357
claimants of unclaimed funds held by the state in accordance with	19358
final court orders derived from the Sogg v. Zurz, 121 Ohio St.3d	19359
449 (2009), line of cases and final settlement agreement	19360
determining payment of interest on unclaimed funds. For properties	19361
received by the state on or before July 26, 1991, interest shall	19362
be paid at a rate of six per cent per annum from the date the	19363
state received the property up to and including July 26, 1991. No	19364
interest shall be payable on any properties for the period from	19365
July 27, 1991, up to and including August 2, 2000. For properties	19366
held by the state on August 3, 2000, or after, interest shall be	19367
paid at the applicable required rate per annum for the period held	19368
from August 3, 2000, or the date of receipt, whichever is later,	19369
up to and including the date the claim is paid. ~~Claims~~	19370

(E) Claims shall be paid from the trust fund. If the amount	19371
available in the trust fund is not sufficient to pay pending	19372
claims, or other amounts disbursable from the trust fund, the	19373
treasurer of state shall certify such fact to the director, who	19374
shall then withdraw such amount of funds from the mortgage	19375
accounts as the director determines necessary to reestablish the	19376
trust fund to a level required to pay anticipated claims but not	19377
more than ten per cent of the net unclaimed funds reported to	19378
date.	19379

The director may withdraw the funds paid to the director by	19380
the holders and deposited by the director with the treasurer of	19381
state or in a financial institution as agent for such funds.	19382
Whenever these funds are inadequate to meet the requirements for	19383
the trust fund, the director shall provide for a withdrawal of	19384
funds, within a reasonable time, in such amount as is necessary to	19385
meet the requirements, from financial institutions in which such	19386
funds were retained or placed by a holder and from other holders	19387
who have retained funds, in an equitable manner as prescribed by	19388
the director. In the event that the amount to be withdrawn from	19389
any one such holder is less than five hundred dollars, the amount	19390
to be withdrawn shall be at the discretion of the director. Such	19391
funds may be reimbursed in the amounts withdrawn when the trust	19392
fund has a surplus over the amount required to pay anticipated	19393
claims. Whenever the trust fund has a surplus over the amount	19394
required to pay anticipated claims, the director may transfer such	19395
surplus to the mortgage accounts.	19396

~~(E)~~(F) If a claim which is allowed under this section relates	19397
to funds which have been retained by the reporting holder, and if	19398
the funds, on deposit with the treasurer of state pursuant to this	19399
chapter, are insufficient to pay claims, the director may notify	19400
such holder in writing of the payment of the claim and such holder	19401
shall immediately reimburse the state in the amount of such claim.	19402
The reimbursement shall be credited to the unclaimed funds trust	19403
fund.	19404

~~(F)~~(G) Any person, including the office of child support,	19405
adversely affected by a decision of the director may appeal such	19406
decision in the manner provided in Chapter 119. of the Revised	19407
Code.	19408

In the event the claimant prevails, the claimant shall be	19409
reimbursed for reasonable attorney's fees and costs.	19410

~~(G)~~(H) Notwithstanding anything to the contrary in this	19411
chapter, any holder who has paid moneys to or entered into an	19412
agreement with the director pursuant to section 169.05 of the	19413
Revised Code on certified checks, cashiers' checks, bills of	19414
exchange, letters of credit, drafts, money orders, or travelers'	19415
checks, may make payment to any person entitled thereto, including	19416
the office of child support, and upon surrender of the document,	19417
except in the case of travelers' checks, and proof of such	19418
payment, the director shall reimburse the holder for such payment	19419
without interest.	19420

Sec. 173.03. (A) There is hereby created the Ohio advisory	19421
council for the aging, which shall consist of twelve members to be	19422
appointed by the governor with the advice and consent of the	19423
senate. Two ex officio members of the council shall be members of	19424
the house of representatives appointed by the speaker of the house	19425
of representatives and shall be members of two different political	19426
parties. Two ex officio members of the council shall be members of	19427
the senate appointed by the president of the senate and shall be	19428
members of two different political parties. The medicaid director	19429
and directors of ~~mental health~~mental health and addiction	19430
services, developmental disabilities, health, and job and family	19431
services, or their designees, shall serve as ex officio members of	19432
the council. The council shall carry out its role as defined under	19433
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	19434
as amended.	19435

At the first meeting of the council, and annually thereafter,	19436
the members shall select one of their members to serve as	19437
chairperson and one of their members to serve as vice-chairperson.	19438

(B) Members of the council shall be appointed for a term of	19439
three years, except that for the first appointment members of the	19440
Ohio commission on aging who were serving on the commission	19441
immediately prior to July 26, 1984, shall become members of the	19442
council for the remainder of their unexpired terms. Thereafter,	19443
appointment to the council shall be for a three-year term by the	19444
governor. Each member shall hold office from the date of	19445
appointment until the end of the term for which the member was	19446
appointed. Any member appointed to fill a vacancy occurring prior	19447
to the expiration of the term for which the member's predecessor	19448
was appointed shall hold office for the remainder of the term. No	19449
member shall continue in office subsequent to the expiration date	19450
of the member's term unless reappointed under the provisions of	19451
this section, and no member shall serve more than three	19452
consecutive terms on the council.	19453

(C) Membership of the council shall represent all areas of	19454
Ohio and shall be as follows:	19455

(1) A majority of members of the council shall have attained	19456
the age of ~~sixty~~fifty and have a knowledge of and continuing	19457
interest in the affairs and welfare of the older citizens of Ohio.	19458
The fields of business, labor, health, law, and human services	19459
shall be represented in the membership.	19460

(2) No more than seven members shall be of the same political	19461
party.	19462

(D) Any member of the council may be removed from office by	19463
the governor for neglect of duty, misconduct, or malfeasance in	19464
office after being informed in writing of the charges and afforded	19465
an opportunity for a hearing. Two consecutive unexcused absences	19466
from regularly scheduled meetings constitute neglect of duty.	19467

(E) The director of aging may reimburse a member for actual	19468
and necessary traveling and other expenses incurred in the	19469
discharge of official duties. But reimbursement shall be made in	19470
the manner and at rates that do not exceed those prescribed by the	19471
director of budget and management for any officer, member, or	19472
employee of, or consultant to, any state agency.	19473

(F) Council members are not limited as to the number of terms	19474
they may serve.	19475

(G)(1) The department of aging may award grants to or enter	19476
into contracts with a member of the advisory council or an entity	19477
that the member represents if any of the following apply:	19478

(a) The department determines that the member or the entity	19479
the member represents is capable of providing the goods or	19480
services specified under the terms of the grant or contract.	19481

(b) The member has not taken part in any discussion or vote	19482
of the council related to whether the council should recommend	19483
that the department of aging award the grant to or enter into the	19484
contract with the member of the advisory council or the entity	19485
that the member represents.	19486

(2) A member of the advisory council is not in violation of	19487
Chapter 102. or section 2921.42 of the Revised Code with regard to	19488
receiving a grant or entering into a contract under this section	19489
if the conditions of division (G)(1)(a) and (b) of this section	19490
have been met.	19491

Sec. 173.14. As used in sections 173.14 to 173.27 of the	19492
Revised Code:	19493

(A)(1) Except as otherwise provided in division (A)(2) of	19494
this section, "long-term care facility" includes any residential	19495
facility that provides personal care services for more than	19496
twenty-four hours for one or more unrelated adults, including all	19497
of the following:	19498

(a) A "nursing home," "residential care facility," or "home	19499
for the aging" as defined in section 3721.01 of the Revised Code;	19500

(b) A facility authorized to provide extended care services	19501
under Title XVIII of the "Social Security Act," 49 Stat. 620	19502
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19503
care hospital that provides medical and rehabilitative care to	19504
patients who require an average length of stay greater than	19505
twenty-five days and is classified by the centers for medicare and	19506
medicaid services as a long-term care hospital pursuant to 42	19507
C.F.R. 412.23(e);	19508

(c) A county home or district home operated pursuant to	19509
Chapter 5155. of the Revised Code;	19510

(d) A residential facility licensed under section ~~5119.22~~	19511
5119.34 of the Revised Code that provides accommodations,	19512
supervision, and personal care services for three to sixteen	19513
unrelated adults or accommodations and personal care services for	19514
only one or two adults who are ~~recipients under the~~receiving	19515
residential state supplement program;	19516

(e) A facility approved by the veterans administration under	19517
section 104(a) of the "Veterans Health Care Amendments of 1983,"	19518
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19519
the placement and care of veterans.	19520

(2) "Long-term care facility" does not include a residential	19521
facility licensed under section 5123.19 of the Revised Code.	19522

(B) "Resident" means a resident of a long-term care facility	19523
and, where appropriate, includes a prospective, previous, or	19524
deceased resident of a long-term care facility.	19525

(C) "Community-based long-term care services" means health	19526
and social services provided to persons in their own homes or in	19527
community care settings, and includes any of the following:	19528

(1) Case management;

19529

(2) Home health care;

19530

(3) Homemaker services;

19531

(4) Chore services;

19532

(5) Respite care;

19533

(6) Adult day care;

19534

(7) Home-delivered meals;

19535

(8) Personal care;

19536

(9) Physical, occupational, and speech therapy;

19537

(10) Transportation;

19538

(11) Any other health and social services provided to persons	19539
that allow them to retain their independence in their own homes or	19540
in community care settings.	19541

(D) "Recipient" means a recipient of community-based	19542
long-term care services and, where appropriate, includes a	19543
prospective, previous, or deceased recipient of community-based	19544
long-term care services.	19545

(E) "Sponsor" means an adult relative, friend, or guardian	19546
who has an interest in or responsibility for the welfare of a	19547
resident or a recipient.	19548

(F) "Personal care services" has the same meaning as in	19549
section 3721.01 of the Revised Code.	19550

(G) "Regional long-term care ~~ombudsperson~~ombudsman program"	19551
means an entity, either public or private and nonprofit,	19552
designated as a regional long-term care ~~ombudsperson~~ombudsman	19553
program by the state long-term care ~~ombudsperson~~ombudsman.	19554

(H) "Representative of the office of the state long-term care	19555
~~ombudsperson~~ombudsman program" means the state long-term care	19556
~~ombudsperson~~ombudsman or a member of the ~~ombudsperson's~~	19557
ombudsman's staff, or a person certified as a representative of	19558
the office under section 173.21 of the Revised Code.	19559

(I) "Area agency on aging" means an area agency on aging	19560
established under the "Older Americans Act of 1965," 79 Stat. 219,	19561
42 U.S.C.A. 3001, as amended.	19562

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	19563
ombudsman shall do all of the following:	19564

(1) Appoint a staff and direct and administer the work of the	19565
staff;	19566

(2) Supervise the nursing home investigative unit established	19567
under division (I) of section 173.01 of the Revised Code;	19568

(3) Oversee the performance and operation of the office of	19569
the state long-term care ~~ombudsperson~~ombudsman program, including	19570
the operation of regional long-term care ~~ombudsperson~~ombudsman	19571
programs;	19572

(4) Establish and maintain a statewide uniform reporting	19573
system to collect and analyze information relating to complaints	19574
and conditions in long-term care facilities and complaints	19575
regarding the provision of community-based long-term care services	19576
for the purpose of identifying and resolving significant problems;	19577

(5) Provide for public forums to discuss concerns and	19578
problems relating to action, inaction, or decisions that may	19579
adversely affect the health, safety, welfare, or rights of	19580
residents and recipients of services by providers of long-term	19581
care and their representatives, public agencies and entities, and	19582
social service agencies. This may include any of the following:	19583
conducting public hearings; sponsoring workshops and conferences;	19584
holding meetings for the purpose of obtaining information about	19585
residents and recipients, discussing and publicizing their needs,	19586
and advocating solutions to their problems; and promoting the	19587
development of citizen organizations.	19588

(6) Encourage, cooperate with, and assist in the development	19589
and operation of services to provide current, objective, and	19590
verified information about long-term care;	19591

(7) Develop and implement, with the assistance of regional	19592
programs, a continuing program to publicize, through the media and	19593
civic organizations, the office, its purposes, and its methods of	19594
operation;	19595

(8) Maintain written descriptions of the duties and	19596
qualifications of representatives of the office;	19597

(9) Evaluate and make known concerns and issues regarding	19598
long-term care by doing all of the following:	19599

(a) Preparing an annual report containing information and	19600
findings regarding the types of problems experienced by residents	19601
and recipients and the complaints made by or on behalf of	19602
residents and recipients. The report shall include recommendations	19603
for policy, regulatory, and legislative changes to solve problems,	19604
resolve complaints, and improve the quality of care and life for	19605
residents and recipients and shall be submitted to the governor,	19606
the speaker of the house of representatives, the president of the	19607
senate, the directors of health and of job and family services,	19608
and the commissioner of the administration on aging of the United	19609
States department of health and human services.	19610

(b) Monitoring and analyzing the development and	19611
implementation of federal, state, and local laws, rules, and	19612
policies regarding long-term care services in this state and	19613
recommending to officials changes the office considers appropriate	19614
in these laws, rules, and policies;	19615

(c) Providing information and making recommendations to	19616
public agencies, members of the general assembly, and others	19617
regarding problems and concerns of residents and recipients.	19618

(10) Conduct training for employees and volunteers on	19619
~~ombudsperson's~~ombudsman's staff and for representatives of the	19620
office employed by regional programs;	19621

(11) Monitor the training of representatives of the office	19622
who provide volunteer services to regional programs, and provide	19623
technical assistance to the regional programs in conducting the	19624
training;	19625

(12) Issue certificates attesting to the successful	19626
completion of training and specifying the level of responsibility	19627
for which a representative of the office who has completed	19628
training is qualified;	19629

(13) Register as a residents' rights advocate with the	19630
department of health under division (B) of section 3701.07 of the	19631
Revised Code;	19632

(14) Perform other duties specified by the department of	19633
aging.	19634

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	19635
~~ombudsperson's~~ombudsman's authority or duties under sections	19636
173.14 to 173.26 of the Revised Code to any member of the	19637
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	19638
is responsible for any authority or duties the ~~ombudsperson~~	19639
ombudsman delegates.	19640

Sec. 173.19. (A) The office of the state long-term care	19641
~~ombudsperson~~ombudsman program, through the state long-term care	19642
~~ombudsperson~~ombudsman and the regional long-term care	19643
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	19644
attempt to resolve complaints made by residents, recipients,	19645
sponsors, providers of long-term care, or any person acting on	19646
behalf of a resident or recipient, relating to either of the	19647
following:	19648

(1) The health, safety, welfare, or civil rights of a	19649
resident or recipient or any violation of a resident's rights	19650
described in sections 3721.10 to 3721.17 of the Revised Code;	19651

(2) Any action or inaction or decision by a provider of	19652
long-term care or representative of a provider, a governmental	19653
entity, or a private social service agency that may adversely	19654
affect the health, safety, welfare, or rights of a resident or	19655
recipient.	19656

(B) The department of aging shall adopt rules in accordance	19657
with Chapter 119. of the Revised Code regarding the handling of	19658
complaints received under this section, including procedures for	19659
conducting investigations of complaints. The rules shall include	19660
procedures to ensure that no representative of the office	19661
investigates any complaint involving a provider of long-term care	19662
with which the representative was once employed or associated.	19663

The state ~~ombudsperson~~ombudsman and regional programs shall	19664
establish procedures for handling complaints consistent with the	19665
department's rules. Complaints shall be dealt with in accordance	19666
with the procedures established under this division.	19667

(C) The office of the state long-term care ~~ombudsperson~~	19668
ombudsman program may decline to investigate any complaint if it	19669
determines any of the following:	19670

(1) That the complaint is frivolous, vexatious, or not made	19671
in good faith;	19672

(2) That the complaint was made so long after the occurrence	19673
of the incident on which it is based that it is no longer	19674
reasonable to conduct an investigation;	19675

(3) That an adequate investigation cannot be conducted	19676
because of insufficient funds, insufficient staff, lack of staff	19677
expertise, or any other reasonable factor that would result in an	19678
inadequate investigation despite a good faith effort;	19679

(4) That an investigation by the office would create a real	19680
or apparent conflict of interest.	19681

(D) If a regional long-term care ~~ombudsperson~~ombudsman	19682
program declines to investigate a complaint, it shall refer the	19683
complaint to the state long-term care ~~ombudsperson~~ombudsman.	19684

(E) Each complaint to be investigated by a regional program	19685
shall be assigned to a representative of the office of the state	19686
long-term care ~~ombudsperson~~ombudsman program. If the	19687
representative determines that the complaint is valid, the	19688
representative shall assist the parties in attempting to resolve	19689
it. If the representative is unable to resolve it, the	19690
representative shall refer the complaint to the state ~~ombudsperson~~	19691
ombudsman.	19692

In order to carry out the duties of sections 173.14 to 173.26	19693
of the Revised Code, a representative has the right to private	19694
communication with residents and their sponsors and access to	19695
long-term care facilities, including the right to tour resident	19696
areas unescorted and the right to tour facilities unescorted as	19697
reasonably necessary to the investigation of a complaint. Access	19698
to facilities shall be during reasonable hours or, during	19699
investigation of a complaint, at other times appropriate to the	19700
complaint.	19701

When community-based long-term care services are provided at	19702
a location other than the recipient's home, a representative has	19703
the right to private communication with the recipient and the	19704
recipient's sponsors and access to the community-based long-term	19705
care site, including the right to tour the site unescorted. Access	19706
to the site shall be during reasonable hours or, during the	19707
investigation of a complaint, at other times appropriate to the	19708
complaint.	19709

(F) The state ~~ombudsperson~~ombudsman shall determine whether	19710
complaints referred to the ~~ombudsperson~~ombudsman under division	19711
(D) or (E) of this section warrant investigation. The	19712
~~ombudsperson's~~ombudsman's determination in this matter is final.	19713

Sec. 173.20. (A) If consent is given and unless otherwise	19714
prohibited by law, a representative of the office of the state	19715
long-term care ombudsman program shall have access to any records,	19716
including medical records, of a resident or a recipient that are	19717
reasonably necessary for investigation of a complaint. Consent may	19718
be given in any of the following ways:	19719

(1) In writing by the resident or recipient;

19720

(2) Orally by the resident or recipient, witnessed in writing	19721
at the time it is given by one other person, and, if the records	19722
involved are being maintained by a long-term care provider, also	19723
by an employee of the long-term care provider designated under	19724
division (E)(1) of this section;	19725

(3) In writing by the guardian of the resident or recipient;

19726

(4) In writing by the attorney in fact of the resident or	19727
recipient, if the resident or recipient has authorized the	19728
attorney in fact to give such consent;	19729

(5) In writing by the executor or administrator of the estate	19730
of a deceased resident or recipient.	19731

(B) If consent to access to records is not refused by a	19732
resident or recipient or ~~his~~the resident's or recipient's legal	19733
representative but cannot be obtained and any of the following	19734
circumstances exist, a representative of the office of the state	19735
long-term care ombudsman program, on approval of the state	19736
long-term care ombudsman, may inspect the records of a resident or	19737
a recipient, including medical records, that are reasonably	19738
necessary for investigation of a complaint:	19739

(1) The resident or recipient is unable to express written or	19740
oral consent and there is no guardian or attorney in fact;	19741

(2) There is a guardian or attorney in fact, but hethe	19742
guardian or attorney in fact cannot be contacted within three	19743
working days;	19744

(3) There is a guardianship or durable power of attorney, but	19745
its existence is unknown by the long-term care provider and the	19746
representative of the office at the time of the investigation;	19747

(4) There is no executor or administrator of the estate of a	19748
deceased resident or recipient.	19749

(C) If a representative of the office of the state long-term	19750
care ombudsman program has been refused access to records by a	19751
guardian or attorney in fact, but has reasonable cause to believe	19752
that the guardian or attorney in fact is not acting in the best	19753
interests of the resident or recipient, the representative may, on	19754
approval of the state long-term care ombudsman, inspect the	19755
records of the resident or recipient, including medical records,	19756
that are reasonably necessary for investigation of a complaint.	19757

(D) A representative of the office of the state long-term	19758
care ombudsman program shall have access to any records of a	19759
long-term care provider reasonably necessary to an investigation	19760
conducted under this section, including but not limited to:	19761
incident reports, dietary records, policies and procedures of a	19762
facility required to be maintained under section ~~5111.21~~5165.06	19763
of the Revised Code, admission agreements, staffing schedules, any	19764
document depicting the actual staffing pattern of the provider,	19765
any financial records that are matters of public record, resident	19766
council and grievance committee minutes, and any waiting list	19767
maintained by a facility in accordance with section ~~5111.31~~	19768
5165.08 of the Revised Code, or any similar records or lists	19769
maintained by a provider of community-based long-term care	19770
services. Pursuant to division (E)(2) of this section, a	19771
representative shall be permitted to make or obtain copies of any	19772
of these records after giving the long-term care provider	19773
twenty-four hours' notice. A long-term care provider may impose a	19774
charge for providing copies of records under this division that	19775
does not exceed the actual and necessary expense of making the	19776
copies.	19777

The state ombudsman shall take whatever action is necessary	19778
to ensure that any copy of a record made or obtained under this	19779
division is returned to the long-term care provider no later than	19780
three years after the date the investigation for which the copy	19781
was made or obtained is completed.	19782

(E)(1) Each long-term care provider shall designate one or	19783
more of its employees to be responsible for witnessing the giving	19784
of oral consent under division (A) of this section. In the event	19785
that a designated employee is not available when a resident or	19786
recipient attempts to give oral consent, the provider shall	19787
designate another employee to witness the consent.	19788

(2) Each long-term care provider shall designate one or more	19789
of its employees to be responsible for releasing records for	19790
copying to representatives of the office of the long-term care	19791
ombudsman program who request permission to make or obtain copies	19792
of records specified in division (D) of this section. In the event	19793
that a designated employee is not available when a representative	19794
of the office makes the request, the long-term care provider shall	19795
designate another employee to release the records for copying.	19796

(F) A long-term care provider or any employee of such a	19797
provider is immune from civil or criminal liability or action	19798
taken pursuant to a professional disciplinary procedure for the	19799
release or disclosure of records to a representative of the office	19800
pursuant to this section.	19801

(G) A state or local government agency or entity with records	19802
relevant to a complaint or investigation being conducted by a	19803
representative of the office shall provide the representative	19804
access to the records.	19805

(H) The state ombudsman, with the approval of the director of	19806
aging, may issue a subpoena to compel any person hethe ombudsman	19807
reasonably believes may be able to provide information to appear	19808
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	19809
sworn testimony and to produce documents, books, records, papers,	19810
or other evidence the state ombudsman believes is relevant to the	19811
investigation. On the refusal of a witness to be sworn or to	19812
answer any question put to ~~him~~the witness, or if a person	19813
disobeys a subpoena, the ombudsman shall apply to the Franklin	19814
county court of common pleas for a contempt order, as in the case	19815
of disobedience of the requirements of a subpoena issued from the	19816
court, or a refusal to testify in the court.	19817

(I) The state ombudsman may petition the court of common	19818
pleas in the county in which a long-term care facility is located	19819
to issue an injunction against any long-term care facility in	19820
violation of sections 3721.10 to 3721.17 of the Revised Code.	19821

(J) Any suspected violation of Chapter 3721. of the Revised	19822
Code discovered during the course of an investigation may be	19823
reported to the department of health. Any suspected criminal	19824
violation discovered during the course of an investigation shall	19825
be reported to the attorney general or other appropriate law	19826
enforcement authorities.	19827

(K) The department of aging shall adopt rules in accordance	19828
with Chapter 119. of the Revised Code for referral by the state	19829
ombudsman and regional long-term care ombudsman programs of	19830
complaints to other public agencies or entities. A public agency	19831
or entity to which a complaint is referred shall keep the state	19832
ombudsman or regional program handling the complaint advised and	19833
notified in writing in a timely manner of the disposition of the	19834
complaint to the extent permitted by law.	19835

Sec. 173.21. (A) The office of the state long-term care	19836
~~ombudsperson~~ombudsman program, through the state long-term care	19837
~~ombudsperson~~ombudsman and the regional long-term care	19838
~~ombudsperson~~ombudsman programs, shall require each representative	19839
of the office to complete a training and certification program in	19840
accordance with this section and to meet the continuing education	19841
requirements established under this section.	19842

(B) The department of aging shall adopt rules under Chapter	19843
119. of the Revised Code specifying the content of training	19844
programs for representatives of the office of the state long-term	19845
care ~~ombudsperson~~ombudsman program. Training for representatives	19846
other than those who are volunteers providing services through	19847
regional long-term care ~~ombudsperson~~ombudsman programs shall	19848
include instruction regarding federal, state, and local laws,	19849
rules, and policies on long-term care facilities and	19850
community-based long-term care services; investigative techniques;	19851
and other topics considered relevant by the department and shall	19852
consist of the following:	19853

(1) A minimum of forty clock hours of basic instruction,	19854
which shall be completed before the trainee is permitted to handle	19855
complaints without the supervision of a representative of the	19856
office certified under this section;	19857

(2) An additional sixty clock hours of instruction, which	19858
shall be completed within the first fifteen months of employment;	19859

(3) An internship of twenty clock hours, which shall be	19860
completed within the first twenty-four months of employment,	19861
including instruction in, and observation of, basic nursing care	19862
and long-term care provider operations and procedures. The	19863
internship shall be performed at a site that has been approved as	19864
an internship site by the state long-term care ~~ombudsperson~~	19865
ombudsman.	19866

(4) One of the following, which shall be completed within the	19867
first twenty-four months of employment:	19868

(a) Observation of a survey conducted by the director of	19869
health to certify a nursing facility to ~~receive funds under~~	19870
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	19871
medicaid program;	19872

(b) Observation of an inspection conducted by the director of	19873
~~mental health~~mental health and addiction services to license a	19874
residential facility under section ~~5119.22~~5119.34 of the Revised	19875
Code that provides accommodations, supervision, and personal care	19876
services for three to sixteen unrelated adults.	19877

(5) Any other training considered appropriate by the	19878
department.	19879

(C) ~~Persons~~Any person who for a period of at least six	19880
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	19881
through the long-term care ~~ombudsperson~~ombudsman program	19882
established by the department of aging under division (M) of	19883
section 173.01 of the Revised Code shall not be required to	19884
complete a training program. ~~These persons~~Such a person and	19885
persons who complete a training program shall take an examination	19886
administered by the department of aging. On attainment of a	19887
passing score, the person shall be certified by the department as	19888
a representative of the office. The department shall issue the	19889
person an identification card, which the representative shall show	19890
at the request of any person with whom the representative deals	19891
while performing the representative's duties and which shall be	19892
surrendered at the time the representative separates from the	19893
office.	19894

(D) The state ~~ombudsperson~~ombudsman and each regional	19895
program shall conduct training programs for volunteers on their	19896
respective staffs in accordance with the rules of the department	19897
of aging adopted under division (B) of this section. Training	19898
programs may be conducted that train volunteers to complete some,	19899
but not all, of the duties of a representative of the office. Each	19900
regional office shall bear the cost of training its	19901
representatives who are volunteers. On completion of a training	19902
program, the representative shall take an examination administered	19903
by the department of aging. On attainment of a passing score, a	19904
volunteer shall be certified by the department as a representative	19905
authorized to perform services specified in the certification. The	19906
department shall issue an identification card, which the	19907
representative shall show at the request of any person with whom	19908
the representative deals while performing the representative's	19909
duties and which shall be surrendered at the time the	19910
representative separates from the office. Except as a supervised	19911
part of a training program, no volunteer shall perform any duty	19912
unless he is certified as a representative having received	19913
appropriate training for that duty.	19914

(E) The state ~~ombudsperson~~ombudsman shall provide technical	19915
assistance to regional programs conducting training programs for	19916
volunteers and shall monitor the training programs.	19917

(F) Prior to scheduling an observation of a certification	19918
survey or licensing inspection for purposes of division (B)(4) of	19919
this section, the state ~~ombudsperson~~ombudsman shall obtain	19920
permission to have the survey or inspection observed from both the	19921
director of health and the long-term care facility at which the	19922
survey or inspection is to take place.	19923

(G) The department of aging shall establish continuing	19924
education requirements for representatives of the office.	19925

Sec. 173.23. (A) Representatives of the office of the state	19926
long-term care ~~ombudsperson~~ombudsman program are immune from	19927
civil or criminal liability for any action taken in the good faith	19928
performance of their official duties under sections 173.14 to	19929
173.26 of the Revised Code.	19930

(B) A person acting in good faith is immune from civil or	19931
criminal liability incident to any of the following: providing	19932
information to the office, participating in registration of a	19933
complaint with the office, participating in investigation of a	19934
complaint by the office, or participating in an administrative or	19935
judicial proceeding resulting from a complaint.	19936

(C) No person shall knowingly register a false complaint with	19937
the office, or knowingly swear or affirm the truth of a false	19938
complaint previously registered, when the statement is made with	19939
purpose to incriminate another.	19940

(D) The attorney general shall provide legal counsel to the	19941
office of the state long-term care ~~ombudsperson~~ombudsman program	19942
and to the regional long-term care ~~ombudsperson~~ombudsman	19943
programs. The attorney general shall represent any representative	19944
of the office and any representative of a regional program against	19945
whom any legal action is brought in connection with the	19946
representative's official duties under sections 173.14 to 173.26	19947
of the Revised Code.	19948

Sec. 173.25. The office of the state long-term care	19949
~~ombudsperson~~ombudsman program shall, in carrying out the	19950
provisions and purposes of sections 173.14 to 173.26 of the	19951
Revised Code, advise, consult, and cooperate with any agency,	19952
program, or other entity related to the purposes of the office.	19953
Any agency, program, or other entity related to the purposes of	19954
the office shall advise, consult, and cooperate with the office.	19955

The office shall attempt to establish effective coordination	19956
with government-sponsored programs that provide legal services to	19957
the elderly and with protective and advocacy programs for	19958
individuals with developmental disabilities, mental retardation,	19959
or mental illness.	19960

Sec. 173.26. (A) Each of the following facilities shall	19961
annually pay to the department of aging six dollars for each bed	19962
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	19963
otherwise authorized to maintain during any part of the previous	19964
year:	19965

(1) Nursing homes,and residential care facilities, ~~and homes~~	19966
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	19967

(2) Facilities authorized to provide extended care services	19968
under Title XVIII of the "Social Security Act," 49 Stat. 620	19969
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19970
care hospital that provides medical and rehabilitative care to	19971
patients who require an average length of stay greater than	19972
twenty-five days and is classified by the centers for medicare and	19973
medicaid services as a long-term care hospital pursuant to 42	19974
C.F.R. 412.23(e);	19975

(3) County homes and district homes operated pursuant to	19976
Chapter 5155. of the Revised Code;	19977

(4) Residential facilities licensed under section ~~5119.22~~	19978
5119.34 of the Revised Code that provide accommodations,	19979
supervision, and personal care services for three to sixteen	19980
unrelated adults;	19981

(5) Facilities approved by the Veterans Administration under	19982
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	19983
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19984
the placement and care of veterans.	19985

The department shall, by rule adopted in accordance with	19986
Chapter 119. of the Revised Code, establish deadlines for payments	19987
required by this section. A facility that fails, within ninety	19988
days after the established deadline, to pay a payment required by	19989
this section shall be assessed at two times the original invoiced	19990
payment.	19991

(B) All money collected under this section shall be deposited	19992
in the state treasury to the credit of the office of the state	19993
long-term care ~~ombudsperson~~ombudsman program fund, which is	19994
hereby created. Money credited to the fund shall be used solely to	19995
pay the costs of operating the regional long-term care	19996
~~ombudsperson~~ombudsman programs.	19997

(C) The state long-term care ~~ombudsperson~~ombudsman and the	19998
regional programs may solicit and receive contributions to support	19999
the operation of the office or a regional program, except that no	20000
contribution shall be solicited or accepted that would interfere	20001
with the independence or objectivity of the office or program.	20002

Sec. 173.27. (A) As used in this section:

20003

(1) "Applicant" means a person who is under final	20004
consideration for employment ~~with the office of the state~~	20005
~~long-term care ombudsperson program~~by a responsible party in a	20006
full-time, part-time, or temporary position that involves	20007
providing ~~ombudsperson~~ombudsman services to residents and	20008
recipients. "Applicant" includes a person who is under final	20009
consideration for employment as the state long-term care	20010
~~ombudsperson~~ombudsman or the head of a regional long-term care	20011
~~ombudsperson~~ombudsman program. "Applicant" does not include a	20012
person seeking to provide ~~ombudsperson~~ombudsman services to	20013
residents and recipients as a volunteer without receiving or	20014
expecting to receive any form of remuneration other than	20015
reimbursement for actual expenses.	20016

(2) "Criminal records check" has the same meaning as in	20017
section 109.572 of the Revised Code.	20018

(3) "Disqualifying offense" means any of the offenses listed	20019
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20020
the Revised Code.	20021

(4) "Employee" means a person employed by ~~the office of the~~	20022
~~state long-term care ombudsperson program~~a responsible party in a	20023
full-time, part-time, or temporary position that involves	20024
providing ~~ombudsperson~~ombudsman services to residents and	20025
recipients. "Employee" includes the person employed as the state	20026
long-term care ~~ombudsperson~~ombudsman and a person employed as the	20027
head of a regional long-term care ~~ombudsperson~~ombudsman program.	20028
"Employee" does not include a person who provides ~~ombudsperson~~	20029
ombudsman services to residents and recipients as a volunteer	20030
without receiving or expecting to receive any form of remuneration	20031
other than reimbursement for actual expenses.	20032

(5) "Responsible ~~entity~~party" means the following:

20033

(a) In the case of an applicant who is under final	20034
consideration for employment as the state long-term care	20035
~~ombudsperson~~ombudsman or the person employed as the state	20036
long-term care ~~ombudsperson~~ombudsman, the director of aging;	20037

(b) In the case of any other applicant who is under final	20038
consideration for employment with the state long-term care	20039
ombudsman program or any other employee of the state long-term	20040
care ombudsman program, the state long-term care ~~ombudsperson or~~	20041
~~the ombudsperson's designee~~ombudsman;	20042

(c) In the case of an applicant who is under final	20043
consideration for employment with a regional long-term care	20044
ombudsman program (including as the head of the regional program)	20045
or an employee of a regional long-term care ombudsman program	20046
(including the head of a regional program), the regional long-term	20047
care ombudsman program.	20048

(B) ~~The office of the state long-term care ombudsperson~~	20049
~~program~~A responsible party may not employ an applicant or	20050
continue to employ an employee in a position that involves	20051
providing ~~ombudsperson~~ombudsman services to residents and	20052
recipients if any of the following apply:	20053

(1) A review of the databases listed in division (D) of this	20054
section reveals any of the following:	20055

(a) That the applicant or employee is included in one or more	20056
of the databases listed in divisions (D)(1) to (5) of this	20057
section;	20058

(b) That there is in the state nurse aide registry	20059
established under section 3721.32 of the Revised Code a statement	20060
detailing findings by the director of health that the applicant or	20061
employee neglected or abused a long-term care facility or	20062
residential care facility resident or misappropriated property of	20063
such a resident;	20064

(c) That the applicant or employee is included in one or more	20065
of the databases, if any, specified in rules adopted under this	20066
section and the rules prohibit the ~~office~~responsible party from	20067
employing an applicant or continuing to employ an employee	20068
included in such a database in a position that involves providing	20069
~~ombudsperson~~ombudsman services to residents and recipients.	20070

(2) After the applicant or employee is provided, pursuant to	20071
division (E)(2)(a) of this section, a copy of the form prescribed	20072
pursuant to division (C)(1) of section 109.572 of the Revised Code	20073
and the standard impression sheet prescribed pursuant to division	20074
(C)(2) of that section, the applicant or employee fails to	20075
complete the form or provide the applicant's or employee's	20076
fingerprint impressions on the standard impression sheet.	20077

(3) ~~Except as provided~~Unless the applicant or employee meets	20078
standards specified in rules adopted under this section, the	20079
applicant or employee is found by a criminal records check	20080
required by this section to have been convicted of, pleaded guilty	20081
to, or been found eligible for intervention in lieu of conviction	20082
for a disqualifying offense.	20083

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	20084
designee shall inform each applicant of both of the following at	20085
the time of the applicant's initial application for employment in	20086
a position that involves providing ~~ombudsperson~~ombudsman services	20087
to residents and recipients:	20088

(1) That a review of the databases listed in division (D) of	20089
this section will be conducted to determine whether the ~~office of~~	20090
~~the state long-term care ombudsperson program~~responsible party is	20091
prohibited by division (B)(1) of this section from employing the	20092
applicant in the position;	20093

(2) That, unless the database review reveals that the	20094
applicant may not be employed in the position, a criminal records	20095
check of the applicant will be conducted and the applicant is	20096
required to provide a set of the applicant's fingerprint	20097
impressions as part of the criminal records check.	20098

(D) As a condition of any applicant's being employed by ~~the~~	20099
~~office of the state long-term care ombudsperson program~~a	20100
responsible party in a position that involves providing	20101
~~ombudsperson~~ombudsman services to residents and recipients, the	20102
responsible ~~entity~~party or designee shall conduct a database	20103
review of the applicant in accordance with rules adopted under	20104
this section. If rules adopted under this section so require, the	20105
responsible ~~entity~~party or designee shall conduct a database	20106
review of an employee in accordance with the rules as a condition	20107
of the ~~office's~~responsible party continuing to employ the	20108
employee in a position that involves providing ~~ombudsperson~~	20109
ombudsman services to residents and recipients. A database review	20110
shall determine whether the applicant or employee is included in	20111
any of the following:	20112

(1) The excluded parties list system that is maintained by	20113
the United States general services administration pursuant to	20114
subpart 9.4 of the federal acquisition regulation and available at	20115
the federal web site known as the system for award management;	20116

(2) The list of excluded individuals and entities maintained	20117
by the office of inspector general in the United States department	20118
of health and human services pursuant to section 1128 of the	20119
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	20120
amended, and section 1156 of the "Social Security Act," 96 Stat.	20121
388 (1982), 42 U.S.C. 1320c-5, as amended;	20122

(3) The registry of MR/DD employees established under section	20123
5123.52 of the Revised Code;	20124

(4) The internet-based sex offender and child-victim offender	20125
database established under division (A)(11) of section 2950.13 of	20126
the Revised Code;	20127

(5) The internet-based database of inmates established under	20128
section 5120.66 of the Revised Code;	20129

(6) The state nurse aide registry established under section	20130
3721.32 of the Revised Code;	20131

(7) Any other database, if any, specified in rules adopted	20132
under this section.	20133

(E)(1) As a condition of any applicant's being employed by	20134
~~the office of the state long-term care ombudsperson program~~a	20135
responsible party in a position that involves providing	20136
~~ombudsperson~~ombudsman services to residents and recipients, the	20137
responsible ~~entity~~party or designee shall request that the	20138
superintendent of the bureau of criminal identification and	20139
investigation conduct a criminal records check of the applicant.	20140
If rules adopted under this section so require, the responsible	20141
~~entity~~party or designee shall request that the superintendent	20142
conduct a criminal records check of an employee at times specified	20143
in the rules as a condition of the ~~office's~~responsible party	20144
continuing to employ the employee in a position that involves	20145
providing ~~ombudsperson~~ombudsman services to residents and	20146
recipients. However, the responsible ~~entity~~party or designee is	20147
not required to request the criminal records check of the	20148
applicant or employee if the ~~office~~responsible party is	20149
prohibited by division (B)(1) of this section from employing the	20150
applicant or continuing to employ the employee in a position that	20151
involves providing ~~ombudsperson~~ombudsman services to residents	20152
and recipients. If an applicant or employee for whom a criminal	20153
records check request is required by this section does not present	20154
proof of having been a resident of this state for the five-year	20155
period immediately prior to the date the criminal records check is	20156
requested or provide evidence that within that five-year period	20157
the superintendent has requested information about the applicant	20158
or employee from the federal bureau of investigation in a criminal	20159
records check, the responsible ~~entity~~party or designee shall	20160
request that the superintendent obtain information from the	20161
federal bureau of investigation as part of the criminal records	20162
check. Even if an applicant or employee for whom a criminal	20163
records check request is required by this section presents proof	20164
of having been a resident of this state for the five-year period,	20165
the responsible ~~entity~~party or designee may request that the	20166
superintendent include information from the federal bureau of	20167
investigation in the criminal records check.	20168

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	20169
of the following:	20170

(a) Provide to each applicant and employee for whom a	20171
criminal records check request is required by this section a copy	20172
of the form prescribed pursuant to division (C)(1) of section	20173
109.572 of the Revised Code and a standard impression sheet	20174
prescribed pursuant to division (C)(2) of that section;	20175

(b) Obtain the completed form and standard impression sheet	20176
from the applicant or employee;	20177

(c) Forward the completed form and standard impression sheet	20178
to the superintendent.	20179

(3) ~~The office of the state long-term care ombudsperson~~	20180
~~program~~A responsible party shall pay to the bureau of criminal	20181
identification and investigation the fee prescribed pursuant to	20182
division (C)(3) of section 109.572 of the Revised Code for each	20183
criminal records check the responsible ~~entity~~party or the	20184
responsible party's designee requests under this section. The	20185
~~office~~responsible party may charge an applicant a fee not	20186
exceeding the amount the ~~office~~responsible party pays to the	20187
bureau under this section if the responsible ~~entity~~party or	20188
designee notifies the applicant at the time of initial application	20189
for employment of the amount of the fee.	20190

(F)(1) ~~The office of the state long-term care ombudsperson~~	20191
~~program~~A responsible party may employ conditionally an applicant	20192
for whom a criminal records check is required by this section	20193
prior to obtaining the results of the criminal records check if	20194
both of the ~~office~~following apply:	20195

(a) The responsible party is not prohibited by division	20196
(B)(1) of this section from employing the applicant in a position	20197
that involves providing ~~ombudsperson~~ombudsman services to	20198
residents and recipients ~~and the~~;	20199

(b) The responsible ~~entity~~party or designee requests the	20200
criminal records check in accordance with division (E) of this	20201
section not later than five business days after the applicant	20202
begins conditional employment.	20203

(2) ~~The office of the state long-term care ombudsperson~~	20204
~~program~~A responsible party shall terminate the employment of an	20205
applicant employed conditionally under division (F)(1) of this	20206
section if the results of the criminal records check, other than	20207
the results of any request for information from the federal bureau	20208
of investigation, are not obtained within the period ending sixty	20209
days after the date the request for the criminal records check is	20210
made. Regardless of when the results of the criminal records check	20211
are obtained, if the results indicate that the applicant has been	20212
convicted of, pleaded guilty to, or been found eligible for	20213
intervention in lieu of conviction for a disqualifying offense,	20214
the ~~office~~responsible party shall terminate the applicant's	20215
employment unless ~~circumstances~~the applicant meets standards	20216
specified in rules adopted under this section that permit the	20217
~~office~~responsible party to employ the applicant ~~exist~~ and the	20218
~~office~~responsible party chooses to employ the applicant.	20219
Termination of employment under this division shall be considered	20220
just cause for discharge for purposes of division (D)(2) of	20221
section 4141.29 of the Revised Code if the applicant makes any	20222
attempt to deceive the ~~office~~responsible party or designee about	20223
the applicant's criminal record.	20224

(G) The report of any criminal records check conducted	20225
pursuant to a request made under this section is not a public	20226
record for the purposes of section 149.43 of the Revised Code and	20227
shall not be made available to any person other than the	20228
following:	20229

(1) The applicant or employee who is the subject of the	20230
criminal records check or the applicant's or employee's	20231
representative;	20232

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	20233
~~representative~~designee;	20234

(3) ~~If the state long-term care ombudsperson designates the~~	20235
~~head or other employee of~~In the case of a criminal records check	20236
conducted for an applicant who is under final consideration for	20237
employment with a regional long-term care ~~ombudsperson~~ombudsman	20238
program ~~to request a criminal records check under this section~~	20239
(including as the head of the regional program) or an employee of	20240
a regional long-term care ombudsman program (including the head of	20241
a regional program), the state long-term care ombudsman or a	20242
representative of the office of the state long-term care	20243
~~ombudsperson~~ombudsman program who is responsible for monitoring	20244
the regional program's compliance with this section;	20245

(4) A court, hearing officer, or other necessary individual	20246
involved in a case dealing with any of the following:	20247

(a) A denial of employment of the applicant or employee;

20248

(b) Employment or unemployment benefits of the applicant or	20249
employee;	20250

(c) A civil or criminal action regarding the medicaid program	20251
or a program the department of aging administers.	20252

(H) In a tort or other civil action for damages that is	20253
brought as the result of an injury, death, or loss to person or	20254
property caused by an applicant or employee who ~~the office of the~~	20255
~~state long-term care ombudsperson program~~a responsible party	20256
employs in a position that involves providing ~~ombudsperson~~	20257
ombudsman services to residents and recipients, all of the	20258
following shall apply:	20259

(1) If the ~~office~~responsible party employed the applicant or	20260
employee in good faith and reasonable reliance on the report of a	20261
criminal records check requested under this section, the ~~office~~	20262
responsible party shall not be found negligent solely because of	20263
its reliance on the report, even if the information in the report	20264
is determined later to have been incomplete or inaccurate.	20265

(2) If the ~~office~~responsible party employed the applicant in	20266
good faith on a conditional basis pursuant to division (F) of this	20267
section, the ~~office~~responsible party shall not be found	20268
negligent solely because it employed the applicant prior to	20269
receiving the report of a criminal records check requested under	20270
this section.	20271

(3) If the ~~office~~responsible party in good faith employed	20272
the applicant or employee ~~according to~~because the ~~personal~~	20273
~~character~~applicant or employee meets standards ~~established~~	20274
specified in rules adopted under this section, the ~~office~~	20275
responsible party shall not be found negligent solely because the	20276
applicant or employee has been convicted of, pleaded guilty to, or	20277
been found eligible for intervention in lieu of conviction for a	20278
disqualifying offense.	20279

(I) The state long-term care ombudsman may not act as the	20280
director of aging's designee for the purpose of this section. The	20281
head of a regional long-term care ombudsman program may not act as	20282
the regional program's designee for the purpose of this section if	20283
the head is the employee for whom a database review or criminal	20284
records check is being conducted.	20285

(J) The director of aging shall adopt rules in accordance	20286
with Chapter 119. of the Revised Code to implement this section.	20287

(1) The rules may do the following:

20288

(a) Require employees to undergo database reviews and	20289
criminal records checks under this section;	20290

(b) If the rules require employees to undergo database	20291
reviews and criminal records checks under this section, exempt one	20292
or more classes of employees from the requirements;	20293

(c) For the purpose of division (D)(7) of this section,	20294
specify other databases that are to be checked as part of a	20295
database review conducted under this section.	20296

(2) The rules shall specify all of the following:

20297

(a) The procedures for conducting database reviews under this	20298
section;	20299

(b) If the rules require employees to undergo database	20300
reviews and criminal records checks under this section, the times	20301
at which the database reviews and criminal records checks are to	20302
be conducted;	20303

(c) If the rules specify other databases to be checked as	20304
part of the database reviews, the circumstances under which ~~the~~	20305
~~office of the state long-term care ombudsperson program~~a	20306
responsible party is prohibited from employing an applicant or	20307
continuing to employ an employee who is found by a database review	20308
to be included in one or more of those databases;	20309

(d) ~~Circumstances under which the office of the state~~	20310
~~long-term care ombudsperson program may employ~~Standards that an	20311
applicant or employee ~~who~~must meet for a responsible party to be	20312
permitted to employ the applicant or continue to employ the	20313
employee in a position that involves providing ombudsman services	20314
to residents and recipients if the applicant or employee is found	20315
by a criminal records check required by this section to have been	20316
convicted of, pleaded guilty to, or been found eligible for	20317
intervention in lieu of conviction for a disqualifying offense	20318
~~but meets personal character standards~~.	20319

Sec. 173.28. (A)(1) As used in this division, "incident"	20320
means the occurrence of a violation with respect to a resident or	20321
recipient, as those terms are defined in section 173.14 of the	20322
Revised Code. A violation is a separate incident for each day it	20323
occurs and for each resident who is subject to it.	20324

In lieu of the fine that may be imposed under division (A) of	20325
section 173.99 of the Revised Code, the director of aging may,	20326
under Chapter 119. of the Revised Code, fine a long-term care	20327
provider or other entity, or a person employed by a long-term care	20328
provider or other entity, for a violation of division (C) of	20329
section 173.24 of the Revised Code. The fine shall not exceed one	20330
thousand dollars per incident.	20331

(2) In lieu of the fine that may be imposed under division	20332
(C) of section 173.99 of the Revised Code, the director may, under	20333
Chapter 119. of the Revised Code, fine a long-term care provider	20334
or other entity, or a person employed by a long-term care provider	20335
or other entity, for violating division (E) of section 173.19 of	20336
the Revised Code by denying a representative of the office of the	20337
state long-term care ~~ombudsperson~~ombudsman program the access	20338
required by that division. The fine shall not exceed five hundred	20339
dollars for each day the violation continued.	20340

(B) On request of the director, the attorney general shall	20341
bring and prosecute to judgment a civil action to collect any fine	20342
imposed under division (A)(1) or (2) of this section that remains	20343
unpaid thirty days after the violator's final appeal is exhausted.	20344

(C) All fines collected under this section shall be deposited	20345
into the state treasury to the credit of the state long-term care	20346
~~ombudsperson~~ombudsman program fund created under section 173.26	20347
of the Revised Code.	20348

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

20349

(1) "Applicant" means a person who is under final	20350
consideration for employment with a ~~community-based long-term care~~	20351
~~agency~~responsible party in a full-time, part-time, or temporary	20352
direct-care position ~~that involves providing direct care to an~~	20353
~~individual~~ or is referred to a ~~community-based long-term care~~	20354
~~agency~~responsible party by an employment service for such a	20355
position. "Applicant" does not include a person ~~who provides~~	20356
~~direct care to an individual~~being considered for a direct-care	20357
position as a volunteer ~~without receiving or expecting to receive~~	20358
~~any form of remuneration other than reimbursement for actual~~	20359
~~expenses~~.	20360

(2) "Area agency on aging" has the same meaning as in section	20361
173.14 of the Revised Code.	20362

(3) "Community-based long-term care services" means	20363
community-based long-term care services, as defined in section	20364
173.14 of the Revised Code, that are provided under a program the	20365
department of aging administers.	20366

(4) "Consumer" means an individual who receives	20367
community-based long-term care services.	20368

(5) "Criminal records check" has the same meaning as in	20369
section 109.572 of the Revised Code.	20370

(6)(a) "Direct-care position" means an employment position in	20371
which an employee has either or both of the following:	20372

(i) In-person contact with one or more consumers;

20373

(ii) Access to one or more consumers' personal property or	20374
records.	20375

(b) "Direct-care position" does not include a person whose	20376
sole duties are transporting individuals under Chapter 306. of the	20377
Revised Code.	20378

(7) "Disqualifying offense" means any of the offenses listed	20379
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20380
the Revised Code.	20381

(8) "Employee" means a person employed by a ~~community-based~~	20382
~~long-term care agency~~responsible party in a full-time, part-time,	20383
or temporary direct-care position ~~that involves providing direct~~	20384
~~care to an individual~~ and a person who works in such a position	20385
due to being referred to a ~~community-based long-term care agency~~	20386
responsible party by an employment service. "Employee" does not	20387
include a person who ~~provides direct care to an individual~~works	20388
in a direct-care position as a volunteer ~~without receiving or~~	20389
~~expecting to receive any form of remuneration other than~~	20390
~~reimbursement for actual expenses~~.	20391

(9) "PASSPORT administrative agency" has the same meaning as	20392
in section 173.42 of the Revised Code.	20393

(10) "Provider" has the same meaning as in section 173.39 of	20394
the Revised Code.	20395

(11) "Responsible party" means the following:

20396

(a) An area agency on aging in the case of either of the	20397
following:	20398

(i) A person who is an applicant because the person is under	20399
final consideration for employment with the agency in a full-time,	20400
part-time, or temporary direct-care position or is referred to the	20401
agency by an employment service for such a position;	20402

(ii) A person who is an employee because the person is	20403
employed by the agency in a full-time, part-time, or temporary	20404
direct-care position or works in such a position due to being	20405
referred to the agency by an employment service.	20406

(b) A PASSPORT administrative agency in the case of either of	20407
the following:	20408

(i) A person who is an applicant because the person is under	20409
final consideration for employment with the agency in a full-time,	20410
part-time, or temporary direct-care position or is referred to the	20411
agency by an employment service for such a position;	20412

(ii) A person who is an employee because the person is	20413
employed by the agency in a full-time, part-time, or temporary	20414
direct-care position or works in such a position due to being	20415
referred to the agency by an employment service.	20416

20417

(i) A person who is an applicant because the person is under	20418
final consideration for employment with the provider in a	20419
full-time, part-time, or temporary direct-care position or is	20420
referred to the provider by an employment service for such a	20421
position;	20422

(ii) A person who is an employee because the person is	20423
employed by the provider in a full-time, part-time, or temporary	20424
direct-care position or works in such a position due to being	20425
referred to the provider by an employment service.	20426

(d) A subcontractor in the case of either of the following:

20427

(i) A person who is an applicant because the person is under	20428
final consideration for employment with the subcontractor in a	20429
full-time, part-time, or temporary direct-care position or is	20430
referred to the subcontractor by an employment service for such a	20431
position;	20432

(ii) A person who is an employee because the person is	20433
employed by the subcontractor in a full-time, part-time, or	20434
temporary direct-care position or works in such a position due to	20435
being referred to the subcontractor by an employment service.	20436

(12) "Subcontractor" has the meaning specified in rules	20437
adopted under this section.	20438

(13) "Volunteer" means a person who serves in a direct-care	20439
position without receiving or expecting to receive any form of	20440
remuneration other than reimbursement for actual expenses.	20441

(14) "Waiver agency" has the same meaning as in section	20442
~~5111.033~~5164.342 of the Revised Code.	20443

(B) This section does not apply to any individual who is	20444
subject to a database review or criminal records check under	20445
section 3701.881 of the Revised Code or to any individual who is	20446
subject to a criminal records check under section 3721.121 of the	20447
Revised Code. If a ~~community-based long-term care agency~~provider	20448
or subcontractor also is a waiver agency, the ~~agency~~provider or	20449
subcontractor may provide for applicants and employees to undergo	20450
database reviews and criminal records checks in accordance with	20451
section ~~5111.033~~5164.342 of the Revised Code rather than this	20452
section.	20453

(C) No ~~community-based long-term care agency~~responsible	20454
party shall employ an applicant or continue to employ an employee	20455
in a direct-care position ~~that involves providing direct care to~~	20456
~~an individual~~ if any of the following apply:	20457

(1) A review of the databases listed in division (E) of this	20458
section reveals any of the following:	20459

(a) That the applicant or employee is included in one or more	20460
of the databases listed in divisions (E)(1) to (5) of this	20461
section;	20462

(b) That there is in the state nurse aide registry	20463
established under section 3721.32 of the Revised Code a statement	20464
detailing findings by the director of health that the applicant or	20465
employee neglected or abused a long-term care facility or	20466
residential care facility resident or misappropriated property of	20467
such a resident;	20468

(c) That the applicant or employee is included in one or more	20469
of the databases, if any, specified in rules adopted under this	20470
section and the rules prohibit the ~~agency~~responsible party from	20471
employing an applicant or continuing to employ an employee	20472
included in such a database in a direct-care position ~~that~~	20473
~~involves providing direct care to an individual~~.	20474

(2) After the applicant or employee is provided, pursuant to	20475
division (F)(2)(a) of this section, a copy of the form prescribed	20476
pursuant to division (C)(1) of section 109.572 of the Revised Code	20477
and the standard impression sheet prescribed pursuant to division	20478
(C)(2) of that section, the applicant or employee fails to	20479
complete the form or provide the applicant's or employee's	20480
fingerprint impressions on the standard impression sheet.	20481

(3) ~~Except as provided~~Unless the applicant or employee meets	20482
standards specified in rules adopted under this section, the	20483
applicant or employee is found by a criminal records check	20484
required by this section to have been convicted of, pleaded guilty	20485
to, or been found eligible for intervention in lieu of conviction	20486
for a disqualifying offense.	20487

(D) Except as provided by division (G) of this section, the	20488
chief administrator of a ~~community-based long-term care agency~~	20489
responsible party shall inform each applicant of both of the	20490
following at the time of the applicant's initial application for	20491
employment or referral to the ~~agency~~responsible party by an	20492
employment service for a direct-care position ~~that involves~~	20493
~~providing direct care to an individual~~:	20494

(1) That a review of the databases listed in division (E) of	20495
this section will be conducted to determine whether the ~~agency~~	20496
responsible party is prohibited by division (C)(1) of this section	20497
from employing the applicant in the direct-care position;	20498

(2) That, unless the database review reveals that the	20499
applicant may not be employed in the direct-care position, a	20500
criminal records check of the applicant will be conducted and the	20501
applicant is required to provide a set of the applicant's	20502
fingerprint impressions as part of the criminal records check.	20503

(E) As a condition of employing any applicant in a	20504
direct-care position ~~that involves providing direct care to an~~	20505
~~individual~~, the chief administrator of a ~~community-based long-term~~	20506
~~care agency~~responsible party shall conduct a database review of	20507
the applicant in accordance with rules adopted under this section.	20508
If rules adopted under this section so require, the chief	20509
administrator of a ~~community-based long-term care agency~~	20510
responsible party shall conduct a database review of an employee	20511
in accordance with the rules as a condition of continuing to	20512
employ the employee in a direct-care position ~~that involves~~	20513
~~providing direct care to an individual~~. However, a chief	20514
administrator is not required to conduct a database review of an	20515
applicant or employee if division (G) of this section applies. A	20516
database review shall determine whether the applicant or employee	20517
is included in any of the following:	20518

(1) The excluded parties list system that is maintained by	20519
the United States general services administration pursuant to	20520
subpart 9.4 of the federal acquisition regulation and available at	20521
the federal web site known as the system for award management;	20522

(2) The list of excluded individuals and entities maintained	20523
by the office of inspector general in the United States department	20524
of health and human services pursuant to ~~section 1128 of~~ the	20525
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	20526
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	20527
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	20528
~~amended~~;	20529

(3) The registry of MR/DD employees established under section	20530
5123.52 of the Revised Code;	20531

(4) The internet-based sex offender and child-victim offender	20532
database established under division (A)(11) of section 2950.13 of	20533
the Revised Code;	20534

(5) The internet-based database of inmates established under	20535
section 5120.66 of the Revised Code;	20536

(6) The state nurse aide registry established under section	20537
3721.32 of the Revised Code;	20538

(7) Any other database, if any, specified in rules adopted	20539
under this section.	20540

(F)(1) As a condition of employing any applicant in a	20541
direct-care position ~~that involves providing direct care to an~~	20542
~~individual~~, the chief administrator of a ~~community-based long-term~~	20543
~~care agency~~responsible party shall request that the	20544
superintendent of the bureau of criminal identification and	20545
investigation conduct a criminal records check of the applicant.	20546
If rules adopted under this section so require, the chief	20547
administrator of a ~~community-based long-term care agency~~	20548
responsible party shall request that the superintendent conduct a	20549
criminal records check of an employee at times specified in the	20550
rules as a condition of continuing to employ the employee in a	20551
direct-care position ~~that involves providing direct care to an~~	20552
~~individual~~. However, the chief administrator is not required to	20553
request the criminal records check of the applicant or employee if	20554
division (G) of this section applies or the ~~agency~~responsible	20555
party is prohibited by division (C)(1) of this section from	20556
employing the applicant or continuing to employ the employee in a	20557
direct-care position ~~that involves providing direct care to an~~	20558
~~individual~~. If an applicant or employee for whom a criminal	20559
records check request is required by this section does not present	20560
proof of having been a resident of this state for the five-year	20561
period immediately prior to the date the criminal records check is	20562
requested or provide evidence that within that five-year period	20563
the superintendent has requested information about the applicant	20564
or employee from the federal bureau of investigation in a criminal	20565
records check, the chief administrator shall request that the	20566
superintendent obtain information from the federal bureau of	20567
investigation as part of the criminal records check. Even if an	20568
applicant or employee for whom a criminal records check request is	20569
required by this section presents proof of having been a resident	20570
of this state for the five-year period, the chief administrator	20571
may request that the superintendent include information from the	20572
federal bureau of investigation in the criminal records check.	20573

(2) The chief administrator shall do all of the following:

20574

(a) Provide to each applicant and employee for whom a	20575
criminal records check request is required by this section a copy	20576
of the form prescribed pursuant to division (C)(1) of section	20577
109.572 of the Revised Code and a standard impression sheet	20578
prescribed pursuant to division (C)(2) of that section;	20579

(b) Obtain the completed form and standard impression sheet	20580
from the applicant or employee;	20581

(c) Forward the completed form and standard impression sheet	20582
to the superintendent.	20583

(3) A ~~community-based long-term care agency~~responsible party	20584
shall pay to the bureau of criminal identification and	20585
investigation the fee prescribed pursuant to division (C)(3) of	20586
section 109.572 of the Revised Code for each criminal records	20587
check the ~~agency~~responsible party requests under this section. An	20588
~~agency~~A responsible party may charge an applicant a fee not	20589
exceeding the amount the ~~agency~~responsible party pays to the	20590
bureau under this section if both of the following apply:	20591

(a) The ~~agency~~responsible party notifies the applicant at	20592
the time of initial application for employment of the amount of	20593
the fee and that, unless the fee is paid, the applicant will not	20594
be considered for employment.	20595

(b) The medicaid program ~~established under Chapter 5111. of~~	20596
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	20597
party for the fee it pays to the bureau under this section.	20598

(G) Divisions (D) to (F) of this section do not apply with	20599
regard to an applicant or employee if the applicant or employee is	20600
referred to a ~~community-based long-term agency~~responsible party	20601
by an employment service that supplies full-time, part-time, or	20602
temporary staff for direct-care positions ~~that involve providing~~	20603
~~direct care to an individual~~ and both of the following apply:	20604

(1) The chief administrator of the ~~agency~~responsible party	20605
receives from the employment service confirmation that a review of	20606
the databases listed in division (E) of this section was conducted	20607
of the applicant or employee.	20608

(2) The chief administrator of the ~~agency~~responsible party	20609
receives from the employment service, applicant, or employee a	20610
report of the results of a criminal records check of the applicant	20611
or employee that has been conducted by the superintendent within	20612
the one-year period immediately preceding the following:	20613

(a) In the case of an applicant, the date of the applicant's	20614
referral by the employment service to the ~~agency~~responsible	20615
party;	20616

(b) In the case of an employee, the date by which the ~~agency~~	20617
responsible party would otherwise have to request a criminal	20618
records check of the employee under division (F) of this section.	20619

(H)(1) A ~~community-based long-term care agency~~responsible	20620
party may employ conditionally an applicant for whom a criminal	20621
records check request is required by this section prior to	20622
obtaining the results of the criminal records check if the ~~agency~~	20623
responsible party is not prohibited by division (C)(1) of this	20624
section from employing the applicant in a direct-care position	20625
~~that involves providing direct care to an individual~~ and either of	20626
the following applies:	20627

(a) The chief administrator of the ~~agency~~responsible party	20628
requests the criminal records check in accordance with division	20629
(F) of this section not later than five business days after the	20630
applicant begins conditional employment.	20631

(b) The applicant is referred to the ~~agency~~responsible party	20632
by an employment service, the employment service or the applicant	20633
provides the chief administrator of the ~~agency~~responsible party a	20634
letter that is on the letterhead of the employment service, the	20635
letter is dated and signed by a supervisor or another designated	20636
official of the employment service, and the letter states all of	20637
the following:	20638

(i) That the employment service has requested the	20639
superintendent to conduct a criminal records check regarding the	20640
applicant;	20641

(ii) That the requested criminal records check is to include	20642
a determination of whether the applicant has been convicted of,	20643
pleaded guilty to, or been found eligible for intervention in lieu	20644
of conviction for a disqualifying offense;	20645

(iii) That the employment service has not received the	20646
results of the criminal records check as of the date set forth on	20647
the letter;	20648

(iv) That the employment service promptly will send a copy of	20649
the results of the criminal records check to the chief	20650
administrator of the ~~agency~~responsible party when the employment	20651
service receives the results.	20652

(2) If a ~~community-based long-term care agency~~responsible	20653
party employs an applicant conditionally pursuant to division	20654
(H)(1)(b) of this section, the employment service, on its receipt	20655
of the results of the criminal records check, promptly shall send	20656
a copy of the results to the chief administrator of the ~~agency~~	20657
responsible party.	20658

(3) A ~~community-based long-term care agency~~responsible party	20659
that employs an applicant conditionally pursuant to division	20660
(H)(1)(a) or (b) of this section shall terminate the applicant's	20661
employment if the results of the criminal records check, other	20662
than the results of any request for information from the federal	20663
bureau of investigation, are not obtained within the period ending	20664
sixty days after the date the request for the criminal records	20665
check is made. Regardless of when the results of the criminal	20666
records check are obtained, if the results indicate that the	20667
applicant has been convicted of, pleaded guilty to, or been found	20668
eligible for intervention in lieu of conviction for a	20669
disqualifying offense, the ~~agency~~responsible party shall	20670
terminate the applicant's employment unless ~~circumstances~~the	20671
applicant meets standards specified in rules adopted under this	20672
section that permit the ~~agency~~responsible party to employ the	20673
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	20674
the applicant. Termination of employment under this division shall	20675
be considered just cause for discharge for purposes of division	20676
(D)(2) of section 4141.29 of the Revised Code if the applicant	20677
makes any attempt to deceive the ~~agency~~responsible party about	20678
the applicant's criminal record.	20679

(I) The report of any criminal records check conducted	20680
pursuant to a request made under this section is not a public	20681
record for the purposes of section 149.43 of the Revised Code and	20682
shall not be made available to any person other than the	20683
following:	20684

(1) The applicant or employee who is the subject of the	20685
criminal records check or the applicant's or employee's	20686
representative;	20687

(2) The chief administrator of the ~~community-based long-term~~	20688
~~care agency~~responsible party requesting the criminal records	20689
check or the administrator's representative;	20690

(3) The administrator of any other facility, agency, or	20691
program that provides ~~direct care to individuals~~community-based	20692
long-term care services that is owned or operated by the same	20693
entity that owns or operates the ~~community-based long-term care~~	20694
~~agency~~responsible party that requested the criminal records	20695
check;	20696

(4) The employment service that requested the criminal	20697
records check;	20698

(5) The director of aging or a person authorized by the	20699
director to monitor a ~~community-based long-term care agency's~~	20700
responsible party's compliance with this section;	20701

(6) The medicaid director ~~of job and family services~~ and the	20702
staff of the department of ~~job and family services~~medicaid who	20703
are involved in the administration of the medicaid program if	20704
either of the following apply:	20705

(a) In the case of a criminal records check requested by a	20706
~~community-based long-term care agency~~provider or subcontractor,	20707
the ~~agency~~provider or subcontractor also is a waiver agency;	20708

(b) In the case of a criminal records check requested by an	20709
employment service, the employment service makes the request for	20710
an applicant or employee the employment service refers to a	20711
~~community-based long-term care agency~~provider or subcontractor	20712
that also is a waiver agency.	20713

(7) A court, hearing officer, or other necessary individual	20714
involved in a case dealing with any of the following:	20715

(a) A denial of employment of the applicant or employee;

20716

(b) Employment or unemployment benefits of the applicant or	20717
employee;	20718

(c) A civil or criminal action regarding the medicaid program	20719
or a program the department of aging administers.	20720

(J) In a tort or other civil action for damages that is	20721
brought as the result of an injury, death, or loss to person or	20722
property caused by an applicant or employee who a ~~community-based~~	20723
~~long-term care agency~~responsible party employs in a direct-care	20724
position ~~that involves providing direct care to individuals~~, all	20725
of the following shall apply:	20726

(1) If the ~~agency~~responsible party employed the applicant or	20727
employee in good faith and reasonable reliance on the report of a	20728
criminal records check requested under this section, the ~~agency~~	20729
responsible party shall not be found negligent solely because of	20730
its reliance on the report, even if the information in the report	20731
is determined later to have been incomplete or inaccurate.	20732

(2) If the ~~agency~~responsible party employed the applicant in	20733
good faith on a conditional basis pursuant to division (H) of this	20734
section, the ~~agency~~responsible party shall not be found	20735
negligent solely because it employed the applicant prior to	20736
receiving the report of a criminal records check requested under	20737
this section.	20738

(3) If the ~~agency~~responsible party in good faith employed	20739
the applicant or employee ~~according to~~because the ~~personal~~	20740
~~character~~applicant or employee meets standards ~~established~~	20741
specified in rules adopted under this section, the ~~agency~~	20742
responsible party shall not be found negligent solely because the	20743
applicant or employee has been convicted of, pleaded guilty to, or	20744
been found eligible for intervention in lieu of conviction for a	20745
disqualifying offense.	20746

(K) The director of aging shall adopt rules in accordance	20747
with Chapter 119. of the Revised Code to implement this section.	20748

(1) The rules may do the following:

20749

(a) Require employees to undergo database reviews and	20750
criminal records checks under this section;	20751

(b) If the rules require employees to undergo database	20752
reviews and criminal records checks under this section, exempt one	20753
or more classes of employees from the requirements;	20754

(c) For the purpose of division (E)(7) of this section,	20755
specify other databases that are to be checked as part of a	20756
database review conducted under this section.	20757

(2) The rules shall specify all of the following:

20758

(a) The meaning of the term "subcontractor";

20759

(b) The procedures for conducting database reviews under this	20760
section;	20761

~~(b)~~(c) If the rules require employees to undergo database	20762
reviews and criminal records checks under this section, the times	20763
at which the database reviews and criminal records checks are to	20764
be conducted;	20765

~~(c)~~(d) If the rules specify other databases to be checked as	20766
part of the database reviews, the circumstances under which a	20767
~~community-based long-term care agency~~responsible party is	20768
prohibited from employing an applicant or continuing to employ an	20769
employee who is found by a database review to be included in one	20770
or more of those databases;	20771

~~(d) Circumstances under which a community-based long-term~~	20772
~~care agency may employ~~(e) Standards that an applicant or employee	20773
~~who~~must meet for a responsible party to be permitted to employ	20774
the applicant or continue to employ the employee in a direct-care	20775
position if the applicant or employee is found by a criminal	20776
records check required by this section to have been convicted of,	20777
pleaded guilty to, or been found eligible for intervention in lieu	20778
of conviction for a disqualifying offense ~~but meets personal~~	20779
~~character standards~~.	20780

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	20781
173.393 of the Revised Code:	20782

(1) "~~Community-based long-term care agency~~Provider" means a	20783
person or ~~government~~governmental entity that provides	20784
community-based long-term care services under a program the	20785
department of aging administers~~, regardless of whether the person~~	20786
~~or government entity is certified under section 173.391 or~~	20787
~~authorized to receive payment for the services from the department~~	20788
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	20789
~~long-term care agency~~Provider" includes a person or ~~government~~	20790
governmental entity that provides home and community-based	20791
services to older adults through the PASSPORT program ~~created~~	20792
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	20793

(2) "Community-based long-term care services" has the same	20794
meaning as in section 173.14 of the Revised Code.	20795

(B) Except as provided in section 173.392 of the Revised	20796
Code, the department of aging may not pay a ~~person or government~~	20797
~~entity~~provider for providing community-based long-term care	20798
services under a program the department administers unless the	20799
~~person or government entity~~provider is certified under section	20800
173.391 of the Revised Code and provides the services.	20801

Sec. 173.391. (A) The department of aging or its designee	20802
shall do all of the following in accordance with Chapter 119. of	20803
the Revised Code:	20804

(1) Certify a ~~person or government entity~~provider to provide	20805
community-based long-term care services under a program the	20806
department administers if the ~~person or government entity~~provider	20807
satisfies the requirements for certification established by rules	20808
adopted under division (B) of this section and pays the fee, if	20809
any, established by rules adopted under division (G) of this	20810
section;	20811

(2) When required to do so by rules adopted under division	20812
(B) of this section, take one or more of the following	20813
disciplinary actions against a ~~person or government entity~~	20814
provider certified under division (A)(1) of this section:	20815

(a) Issue a written warning;

20816

(b) Require the submission of a plan of correction or	20817
evidence of compliance with requirements identified by the	20818
department;	20819

20820

(d) Remove clients;

20821

(e) Impose a fiscal sanction such as a civil monetary penalty	20822
or an order that unearned funds be repaid;	20823

(f) Suspend the certification;

20824

(g) Revoke the certification;

20825

(h) Impose another sanction.

20826

(3) Except as provided in division (E) of this section, hold	20827
hearings when there is a dispute between the department or its	20828
designee and a ~~person or government entity~~provider concerning	20829
actions the department or its designee takes regarding a decision	20830
not to certify the ~~person or government entity~~provider under	20831
division (A)(1) of this section or a disciplinary action under	20832
divisions (A)(2)(e) to (h) of this section.	20833

(B) The director of aging shall adopt rules in accordance	20834
with Chapter 119. of the Revised Code establishing certification	20835
requirements and standards for determining which type of	20836
disciplinary action to take under division (A)(2) of this section	20837
in individual situations. The rules shall establish procedures for	20838
all of the following:	20839

(1) Ensuring that ~~community-based long-term care agencies~~	20840
providers comply with section ~~173.394~~173.38 of the Revised Code;	20841

(2) Evaluating the services provided by the ~~agencies~~	20842
providers to ensure that the services are provided in a quality	20843
manner advantageous to the individual receiving the services;	20844

(3) Determining when to take disciplinary action under	20845
division (A)(2) of this section and which disciplinary action to	20846
take;	20847

(4) Determining what constitutes another sanction for	20848
purposes of division (A)(2)(h) of this section.	20849

(C) The procedures established in rules adopted under	20850
division (B)(2) of this section shall require that all of the	20851
following be considered as part of an evaluation described in	20852
division (B)(2) of this section:	20853

(1) The ~~community-based long-term care agency's~~provider's	20854
experience and financial responsibility;	20855

(2) The ~~agency's~~provider's ability to comply with standards	20856
for the community-based long-term care services that the ~~agency~~	20857
provider provides under a program the department administers;	20858

(3) The ~~agency's~~provider's ability to meet the needs of the	20859
individuals served;	20860

(4) Any other factor the director considers relevant.

20861

(D) The rules adopted under division (B)(3) of this section	20862
shall specify that the reasons disciplinary action may be taken	20863
under division (A)(2) of this section include good cause,	20864
including misfeasance, malfeasance, nonfeasance, confirmed abuse	20865
or neglect, financial irresponsibility, or other conduct the	20866
director determines is injurious, or poses a threat, to the health	20867
or safety of individuals being served.	20868

(E) Subject to division (F) of this section, the department	20869
is not required to hold hearings under division (A)(3) of this	20870
section if any of the following conditions apply:	20871

(1) Rules adopted by the director of aging pursuant to this	20872
chapter require the ~~community-based long-term care agency~~provider	20873
to be a party to a provider agreement; hold a license,	20874
certificate, or permit; or maintain a certification, any of which	20875
is required or issued by a state or federal government entity	20876
other than the department of aging, and either of the following is	20877
the case:	20878

(a) The provider agreement has not been entered into or the	20879
license, certificate, permit, or certification has not been	20880
obtained or maintained.	20881

(b) The provider agreement, license, certificate, permit, or	20882
certification has been denied, revoked, not renewed, or suspended	20883
or has been otherwise restricted.	20884

(2) The ~~agency's~~provider's certification under this section	20885
has been denied, suspended, or revoked for any of the following	20886
reasons:	20887

(a) A ~~government~~governmental entity of this state, other	20888
than the department of aging, has terminated or refused to renew	20889
any of the following held by, or has denied any of the following	20890
sought by, a ~~community-based long-term care agency~~provider: a	20891
provider agreement, license, certificate, permit, or	20892
certification. Division (E)(2)(a) of this section applies	20893
regardless of whether the ~~agency~~provider has entered into a	20894
provider agreement in, or holds a license, certificate, permit, or	20895
certification issued by, another state.	20896

(b) The ~~agency~~provider or a principal owner or manager of	20897
the ~~agency~~provider who provides direct care has entered a guilty	20898
plea for, or has been convicted of, an offense materially related	20899
to the medicaid program.	20900

(c) The ~~agency~~provider or a principal owner or manager of	20901
the ~~agency~~provider who provides direct care has entered a guilty	20902
plea for, been convicted of, or been found eligible for	20903
intervention in lieu of conviction for an offense listed or	20904
described in divisions (A)(3)(a) to (e) of section 109.572 of the	20905
Revised Code, but only if ~~none of the personal character~~the	20906
provider, principal owner, or manager does not meet standards	20907
~~established~~specified by the director in rules adopted under	20908
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	20909

(d) The United States department of health and human services	20910
has taken adverse action against the ~~agency~~provider and that	20911
action impacts the ~~agency's~~provider's participation in the	20912
medicaid program.	20913

(e) The ~~agency~~provider has failed to enter into or renew a	20914
provider agreement with the PASSPORT administrative agency, as	20915
that term is defined in section 173.42 of the Revised Code, that	20916
administers programs on behalf of the department of aging in the	20917
region of the state in which the ~~agency~~provider is certified to	20918
provide services.	20919

(f) The ~~agency~~provider has not billed or otherwise submitted	20920
a claim to the department for payment under the medicaid program	20921
in at least two years.	20922

(g) The ~~agency~~provider denied or failed to provide the	20923
department or its designee access to the ~~agency's~~provider's	20924
facilities during the ~~agency's~~provider's normal business hours	20925
for purposes of conducting an audit or structural compliance	20926
review.	20927

(h) The ~~agency~~provider has ceased doing business.

20928

(i) The ~~agency~~provider has voluntarily relinquished its	20929
certification for any reason.	20930

(3) The ~~agency's~~provider's provider agreement with the	20931
department of ~~job and family services~~medicaid has been suspended	20932
under division (C) of section ~~5111.031~~5164.37 of the Revised	20933
Code.	20934

(4) The ~~agency's~~provider's provider agreement with the	20935
department of ~~job and family services~~medicaid is denied or	20936
revoked because the ~~agency~~provider or its owner, officer,	20937
authorized agent, associate, manager, or employee has been	20938
convicted of an offense that caused the provider agreement to be	20939
suspended under section ~~5111.031~~5164.37 of the Revised Code.	20940

(F) If the department does not hold hearings when any	20941
condition described in division (E) of this section applies, the	20942
department may send a notice to the ~~agency~~provider describing a	20943
decision not to certify the ~~agency~~provider under division (A)(1)	20944
of this section or the disciplinary action the department proposes	20945
to take under division (A)(2)(e) to (h) of this section. The	20946
notice shall be sent to the ~~agency's~~provider's address that is on	20947
record with the department and may be sent by regular mail.	20948

(G) The director of aging may adopt rules in accordance with	20949
Chapter 119. of the Revised Code establishing a fee to be charged	20950
by the department of aging or its designee for certification	20951
issued under this section.	20952

All fees collected by the department or its designee under	20953
this section shall be deposited in the state treasury to the	20954
credit of the provider certification fund, which is hereby	20955
created. Money credited to the fund shall be used to pay for	20956
community-based long-term care services, administrative costs	20957
associated with ~~community-based long-term care agency~~provider	20958
certification under this section, and administrative costs related	20959
to the publication of the Ohio long-term care consumer guide.	20960

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	20961
~~government entity~~provider for providing community-based long-term	20962
care services under a program the department administers, even	20963
though the ~~person or government entity~~provider is not certified	20964
under section 173.391 of the Revised Code, if all of the following	20965
are the case:	20966

(1) The ~~person or government entity~~provider has a contract	20967
with the department of aging or the department's designee to	20968
provide the services in accordance with the contract or has	20969
received a grant from the department or its designee to provide	20970
the services in accordance with a grant agreement;	20971

(2) The contract or grant agreement includes detailed	20972
conditions of participation for ~~providers of services under a~~	20973
~~program the department administers~~the provider and service	20974
standards that the ~~person or government entity~~provider is	20975
required to satisfy;	20976

(3) The ~~person or government entity~~provider complies with	20977
the contract or grant agreement;	20978

(4) The contract or grant is not for medicaid-funded	20979
services, other than services provided under the PACE program	20980
administered by the department of aging under section 173.50 of	20981
the Revised Code.	20982

(B) The director of aging shall adopt rules in accordance	20983
with Chapter 119. of the Revised Code governing both of the	20984
following:	20985

(1) Contracts and grant agreements between the department of	20986
aging or its designee and ~~persons and government entities~~	20987
~~regarding community-based long-term care services provided under a~~	20988
~~program the department administers~~providers;	20989

(2) The department's payment for community-based long-term	20990
care services under this section.	20991

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	20992
the Revised Code:	20993

(1) "Area agency on aging" means a public or private	20994
nonprofit entity designated under section 173.011 of the Revised	20995
Code to administer programs on behalf of the department of aging.	20996

(2) "Department of aging-administered medicaid waiver	20997
component" means each of the following:	20998

(a) The medicaid-funded component of the PASSPORT program	20999
created under section ~~173.40~~173.52 of the Revised Code;	21000

(b) The choices program created under section ~~173.403~~173.53	21001
of the Revised Code;	21002

(c) The medicaid-funded component of the assisted living	21003
program created under section ~~5111.89~~173.54 of the Revised Code;	21004

(d) Any other medicaid waiver component, as defined in	21005
section ~~5111.85~~5166.01 of the Revised Code, that the department	21006
of aging administers pursuant to an interagency agreement with the	21007
department of ~~job and family services~~medicaid under section	21008
~~5111.91~~5162.35 of the Revised Code.	21009

(3) "Home and community-based services covered by medicaid	21010
components the department of aging administers" means all of the	21011
following:	21012

(a) Medicaid waiver services available to a participant in a	21013
department of aging-administered medicaid waiver component;	21014

(b) The following medicaid state plan services available to a	21015
participant in a department of aging-administered medicaid waiver	21016
component as specified in rules adopted under section ~~5111.02~~	21017
5164.02 of the Revised Code:	21018

(i) Home health services;

21019

(ii) Private duty nursing services;

21020

(iii) Durable medical equipment;

21021

(iv) Services of a clinical nurse specialist;

21022

(v) Services of a certified nurse practitioner.

21023

21024

(4) "Long-term care consultation" or "consultation" means the	21025
consultation service made available by the department of aging or	21026
a program administrator through the long-term care consultation	21027
program established pursuant to this section.	21028

(5) ~~"Medicaid" means the medical assistance program~~	21029
~~established under Chapter 5111. of the Revised Code.~~	21030

~~(6)~~ "Nursing facility" has the same meaning as in section	21031
~~5111.20~~5165.01 of the Revised Code.	21032

~~(7)~~(6) "PACE program" means the component of the medicaid	21033
program the department of aging administers pursuant to section	21034
173.50 of the Revised Code.	21035

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	21036
contract with the department of aging to provide administrative	21037
services regarding the PASSPORT program.	21038

~~(9)~~(8) "Program administrator" means an area agency on aging	21039
or other entity under contract with the department of aging to	21040
administer the long-term care consultation program in a geographic	21041
region specified in the contract.	21042

~~(10)~~(9) "Representative" means a person acting on behalf of	21043
an individual specified in division (G) of this section. A	21044
representative may be a family member, attorney, hospital social	21045
worker, or any other person chosen to act on behalf of the	21046
individual.	21047

(B) The department of aging shall develop a long-term care	21048
consultation program whereby individuals or their representatives	21049
are provided with long-term care consultations and receive through	21050
these professional consultations information about options	21051
available to meet long-term care needs and information about	21052
factors to consider in making long-term care decisions. The	21053
long-term care consultations provided under the program may be	21054
provided at any appropriate time, as permitted or required under	21055
this section and the rules adopted under it, including either	21056
prior to or after the individual who is the subject of a	21057
consultation has been admitted to a nursing facility or granted	21058
assistance in receiving home and community-based services covered	21059
by medicaid components the department of aging administers.	21060

(C) The long-term care consultation program shall be	21061
administered by the department of aging, except that the	21062
department may have the program administered on a regional basis	21063
by one or more program administrators. The department and each	21064
program administrator shall administer the program in such a	21065
manner that all of the following are included:	21066

(1) Coordination and collaboration with respect to all	21067
available funding sources for long-term care services;	21068

(2) Assessments of individuals regarding their long-term care	21069
service needs;	21070

(3) Assessments of individuals regarding their on-going	21071
eligibility for long-term care services;	21072

(4) Procedures for assisting individuals in obtaining access	21073
to, and coordination of, health and supportive services, including	21074
department of aging-administered medicaid waiver components;	21075

(5) Priorities for using available resources efficiently and	21076
effectively.	21077

(D) The program's long-term care consultations shall be	21078
provided by individuals certified by the department under section	21079
173.422 of the Revised Code.	21080

(E) The information provided through a long-term care	21081
consultation shall be appropriate to the individual's needs and	21082
situation and shall address all of the following:	21083

(1) The availability of any long-term care options open to	21084
the individual;	21085

(2) Sources and methods of both public and private payment	21086
for long-term care services;	21087

(3) Factors to consider when choosing among the available	21088
programs, services, and benefits;	21089

(4) Opportunities and methods for maximizing independence and	21090
self-reliance, including support services provided by the	21091
individual's family, friends, and community.	21092

(F) An individual's long-term care consultation may include	21093
an assessment of the individual's functional capabilities. The	21094
consultation may incorporate portions of the determinations	21095
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	21096
and 5165.03 of the Revised Code and may be provided concurrently	21097
with the assessment required under section ~~5111.204~~173.546 or	21098
5165.04 of the Revised Code.	21099

(G)(1) Unless an exemption specified in division (I) of this	21100
section is applicable, each of the following shall be provided	21101
with a long-term care consultation:	21102

(a) An individual who applies or indicates an intention to	21103
apply for admission to a nursing facility, regardless of the	21104
source of payment to be used for the individual's care in a	21105
nursing facility;	21106

(b) An individual who requests a long-term care consultation;

21107

(c) An individual identified by the department or a program	21108
administrator as being likely to benefit from a long-term care	21109
consultation.	21110

(2) In addition to the individuals specified in division	21111
(G)(1) of this section, a long-term care consultation may be	21112
provided to a nursing facility resident regardless of the source	21113
of payment being used for the resident's care in the nursing	21114
facility.	21115

(H)(1) Except as provided in division (H)(2) or (3) of this	21116
section, a long-term care consultation provided pursuant to	21117
division (G) of this section shall be provided as follows:	21118

(a) If the individual for whom the consultation is being	21119
provided has applied for medicaid and the consultation is being	21120
provided concurrently with the assessment required under section	21121
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	21122
completed in accordance with the applicable time frames specified	21123
in that section for providing a level of care determination based	21124
on the assessment.	21125

(b) In all other cases, the consultation shall be provided	21126
not later than five calendar days after the department or program	21127
administrator receives notice of the reason for which the	21128
consultation is to be provided pursuant to division (G) of this	21129
section.	21130

(2) An individual or the individual's representative may	21131
request that a long-term care consultation be provided on a date	21132
that is later than the date required under division (H)(1)(a) or	21133
(b) of this section.	21134

(3) If a long-term care consultation cannot be completed	21135
within the number of days required by division (H)(1) or (2) of	21136
this section, the department or program administrator may do any	21137
of the following:	21138

(a) In the case of an individual specified in division (G)(1)	21139
of this section, exempt the individual from the consultation	21140
pursuant to rules that may be adopted under division (L) of this	21141
section;	21142

(b) In the case of an applicant for admission to a nursing	21143
facility, provide the consultation after the individual is	21144
admitted to the nursing facility;	21145

(c) In the case of a resident of a nursing facility, provide	21146
the consultation as soon as practicable.	21147

(I) An individual is not required to be provided a long-term	21148
care consultation under division (G)(1) of this section if any of	21149
the following apply:	21150

(1) The department or program administrator has attempted to	21151
provide the consultation, but the individual or the individual's	21152
representative refuses to cooperate;	21153

(2) The individual is to receive care in a nursing facility	21154
under a contract for continuing care as defined in section 173.13	21155
of the Revised Code;	21156

(3) The individual has a contractual right to admission to a	21157
nursing facility operated as part of a system of continuing care	21158
in conjunction with one or more facilities that provide a less	21159
intensive level of services, including a residential care facility	21160
licensed under Chapter 3721. of the Revised Code, a residential	21161
facility licensed under section ~~5119.22~~5119.34 of the Revised	21162
Code that provides accommodations, supervision, and personal care	21163
services for three to sixteen unrelated adults, or an independent	21164
living arrangement;	21165

(4) The individual is to receive continual care in a home for	21166
the aged exempt from taxation under section 5701.13 of the Revised	21167
Code;	21168

(5) The individual is seeking admission to a facility that is	21169
not a nursing facility with a provider agreement under section	21170
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	21171
Revised Code;	21172

(6) The individual is exempted from the long-term care	21173
consultation requirement by the department or the program	21174
administrator pursuant to rules that may be adopted under division	21175
(L) of this section.	21176

(J) As part of the long-term care consultation program, the	21177
department or program administrator shall assist an individual or	21178
individual's representative in accessing all sources of care and	21179
services that are appropriate for the individual and for which the	21180
individual is eligible, including all available home and	21181
community-based services covered by medicaid components the	21182
department of aging administers. The assistance shall include	21183
providing for the conduct of assessments or other evaluations and	21184
the development of individualized plans of care or services under	21185
section 173.424 of the Revised Code.	21186

(K) No nursing facility for which an operator has a provider	21187
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	21188
~~5111.672~~5165.512 of the Revised Code shall admit any individual	21189
as a resident, unless the nursing facility has received evidence	21190
that a long-term care consultation has been completed for the	21191
individual or division (I) of this section is applicable to the	21192
individual.	21193

(L) The director of aging may adopt any rules the director	21194
considers necessary for the implementation and administration of	21195
this section. The rules shall be adopted in accordance with	21196
Chapter 119. of the Revised Code and may specify any or all of the	21197
following:	21198

(1) Procedures for providing long-term care consultations	21199
pursuant to this section;	21200

(2) Information to be provided through long-term care	21201
consultations regarding long-term care services that are	21202
available;	21203

(3) Criteria and procedures to be used to identify and	21204
recommend appropriate service options for an individual receiving	21205
a long-term care consultation;	21206

(4) Criteria for exempting individuals from the long-term	21207
care consultation requirement;	21208

(5) Circumstances under which it may be appropriate to	21209
provide an individual's long-term care consultation after the	21210
individual's admission to a nursing facility rather than before	21211
admission;	21212

(6) Criteria for identifying nursing facility residents who	21213
would benefit from the provision of a long-term care consultation;	21214

(7) A description of the types of information from a nursing	21215
facility that is needed under the long-term care consultation	21216
program to assist a resident with relocation from the facility;	21217

(8) Standards to prevent conflicts of interest relative to	21218
the referrals made by a person who performs a long-term care	21219
consultation, including standards that prohibit the person from	21220
being employed by a provider of long-term care services;	21221

(9) Procedures for providing notice and an opportunity for a	21222
hearing under division (N) of this section.	21223

(M) To assist the department and each program administrator	21224
with identifying individuals who are likely to benefit from a	21225
long-term care consultation, the department and program	21226
administrator may ask to be given access to nursing facility	21227
resident assessment data collected through the use of the resident	21228
assessment instrument specified in rules ~~adopted under~~authorized	21229
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	21230
the medicaid program. Except when prohibited by state or federal	21231
law, the department of health, department of ~~job and family~~	21232
~~services~~medicaid, or nursing facility holding the data shall	21233
grant access to the data on receipt of the request from the	21234
department of aging or program administrator.	21235

(N)(1) The director of aging, after providing notice and an	21236
opportunity for a hearing, may fine a nursing facility an amount	21237
determined by rules the director shall adopt in accordance with	21238
Chapter 119. of the Revised Code for any of the following reasons:	21239

(a) The nursing facility admits an individual, without	21240
evidence that a long-term care consultation has been provided, as	21241
required by this section;	21242

(b) The nursing facility denies a person attempting to	21243
provide a long-term care consultation access to the facility or a	21244
resident of the facility;	21245

(c) The nursing facility denies the department of aging or	21246
program administrator access to the facility or a resident of the	21247
facility, as the department or administrator considers necessary	21248
to administer the program.	21249

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	21250
Code, all fines collected under division (N)(1) of this section	21251
shall be deposited into the state treasury to the credit of the	21252
residents protection fund.	21253

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	21254
~~Code, the~~The department of aging shall enter into an interagency	21255
agreement with the department of ~~job and family services~~medicaid	21256
under section ~~5111.91~~5162.35 of the Revised Code under which the	21257
department of aging is required to establish for each biennium a	21258
unified long-term care budget for home and community-based	21259
services covered by medicaid components the department of aging	21260
administers. The interagency agreement shall require the	21261
department of aging to do all of the following:	21262

(1) Administer the unified long-term care budget in	21263
accordance with sections 173.43 to 173.434 of the Revised Code and	21264
the general assembly's appropriations for home and community-based	21265
services covered by medicaid components the department of aging	21266
administers for the applicable biennium;	21267

(2) Contract with each PASSPORT administrative agency for	21268
assistance in the administration of the unified long-term care	21269
budget;	21270

(3) Provide individuals who are eligible for home and	21271
community-based services covered by medicaid components the	21272
department of aging administers a choice of services that meet the	21273
individuals' needs and improve their quality of life;	21274

(4) Provide a continuum of services that meet the life-long	21275
needs of individuals who are eligible for home and community-based	21276
services covered by medicaid components the department of aging	21277
administers.	21278

(B) The director of budget and management shall create new	21279
appropriation items as necessary for establishment of the unified	21280
long-term care budget.	21281

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	21282
~~Code, the~~The department of aging shall ensure that the unified	21283
long-term care budget established under section 173.43 of the	21284
Revised Code is administered in a manner that provides medicaid	21285
coverage of and expands access to all of the following as	21286
necessary to meet the needs of individuals receiving home and	21287
community-based services covered by medicaid components the	21288
department of aging administers:	21289

(A) To the extent permitted by the medicaid waivers	21290
authorizing department of aging-administered medicaid waiver	21291
components, all of the following medicaid waiver services provided	21292
under department of aging-administered medicaid waiver components:	21293

(1) Personal care services;

21294

(2) Home-delivered meals;

21295

(3) Adult day-care;

21296

(4) Homemaker services;

21297

(5) Emergency response services;

21298

(6) Medical equipment and supplies;

21299

(7) Chore services;

21300

(8) Social work counseling;

21301

(9) Nutritional counseling;

21302

(10) Independent living assistance;

21303

(11) Medical transportation;

21304

(12) Nonmedical transportation;

21305

(13) Home care attendant services;

21306

(14) Assisted living services;

21307

(15) Community transition services;

21308

(16) Enhanced community living services;

21309

(17) All other medicaid waiver services provided under	21310
department of aging-administered medicaid waiver components.	21311

(B) All of the following state medicaid plan services as	21312
specified in rules adopted under section ~~5111.02~~5164.02 of the	21313
Revised Code:	21314

(1) Home health services;

21315

(2) Private duty nursing services;

21316

(3) Durable medical equipment;

21317

(4) Services of a clinical nurse specialist;

21318

(5) Services of a certified nurse practitioner.

21319

21320

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	21321
~~the~~The department of aging or its designee shall provide care	21322
management and authorization services with regard to the state	21323
plan services specified in division (B) of section 173.431 of the	21324
Revised Code that are provided to participants of department of	21325
aging-administered medicaid waiver components. The department or	21326
its designee shall ensure that no person providing the care	21327
management and authorization services performs an activity that	21328
may not be performed without a valid certificate or license issued	21329
by an agency of this state unless the person holds the valid	21330
certificate or license.	21331

Sec. 173.434. ~~The director of job and family services shall~~	21332
~~adopt~~To the extent authorized by rules ~~under~~authorized by	21333
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	21334
director of aging toshall adopt rules that are needed to	21335
implement sections 173.43 to 173.432 of the Revised Code. The	21336
~~director of aging's~~ rules shall be adopted in accordance with	21337
Chapter 119. of the Revised Code.	21338

Sec. 173.45. As used in this section and in sections 173.46	21339
to 173.49 of the Revised Code:	21340

(A) "Residential facility" means a residential facility	21341
licensed under section ~~5119.22~~5119.34 of the Revised Code that	21342
provides accommodations, supervision, and personal care services	21343
for three to sixteen unrelated adults.	21344

(B) "Community-based long-term care services" has the same	21345
meaning as in section 173.14 of the Revised Code.	21346

(C) "Long-term care facility" means a nursing home or	21347
residential care facility.	21348

(D) "Nursing home" and "residential care facility" have the	21349
same meanings as in section 3721.01 of the Revised Code.	21350

(E) "Nursing facility" has the same meaning as in section	21351
~~5111.20~~5165.01 of the Revised Code.	21352

Sec. 173.47. (A) For purposes of publishing the Ohio	21353
long-term care consumer guide, the department of aging shall	21354
conduct or provide for the conduct of an annual customer	21355
satisfaction survey of each long-term care facility. The results	21356
of the surveys may include information obtained from long-term	21357
care facility residents, their families, or both. A survey that is	21358
to include information obtained from nursing facility residents	21359
shall include the questions specified in divisions (C)(7)(a) and	21360
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	21361
the Revised Code. A survey that is to include information obtained	21362
from the families of nursing facility residents shall include the	21363
questions specified in divisions (C)(8)(a) and (b) and (19) and	21364
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	21365

(B) Each long-term care facility shall cooperate in the	21366
conduct of its annual customer satisfaction survey.	21367

Sec. 173.48. (A)(1) The department of aging may charge annual	21368
fees to long-term care facilities for the publication of the Ohio	21369
long-term care consumer guide. The department may contract with	21370
any person or government entity to collect the fees on its behalf.	21371
All fees collected under this section shall be deposited in	21372
accordance with division (B) of this section.	21373

(2) The annual fees charged under this section shall not	21374
exceed the following amounts:	21375

(a) Six hundred fifty dollars for each long-term care	21376
facility that is a nursing home;	21377

(b) Three hundred dollars for each long-term care facility	21378
that is a residential care facility.	21379

(3) Fees paid by a long-term care facility that is a nursing	21380
facility shall be reimbursed through the medicaid program ~~operated~~	21381
~~under Chapter 5111. of the Revised Code~~.	21382

(B) There is hereby created in the state treasury the	21383
long-term care consumer guide fund. Money collected from the fees	21384
charged for the publication of the Ohio long-term care consumer	21385
guide under division (A) of this section shall be credited to the	21386
fund. The department shall use money in the fund for costs	21387
associated with publishing the Ohio long-term care consumer guide,	21388
including, but not limited to, costs incurred in conducting or	21389
providing for the conduct of customer satisfaction surveys.	21390

Sec. 173.50. (A) Pursuant to a contract entered into with the	21391
department of ~~job and family services~~medicaid as an interagency	21392
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	21393
department of aging shall carry out the day-to-day administration	21394
of the component of the medicaid program ~~established under Chapter~~	21395
~~5111. of the Revised Code~~ known as the program of all-inclusive	21396
care for the elderly or PACE. The department of aging shall carry	21397
out its PACE administrative duties in accordance with the	21398
provisions of the interagency agreement and all applicable federal	21399
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	21400
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	21401

(B) ~~The department~~To the extent authorized by rules	21402
authorized by section 5162.021 of the Revised Code, the director	21403
of aging may adopt rules in accordance with Chapter 119. of the	21404
Revised Code regarding the PACE program, including rules	21405
establishing priorities for enrolling in the program pursuant to	21406
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	21407
~~subject to both of the following:~~	21408

~~(1) The rules shall be authorized by rules adopted by the~~	21409
~~department of job and family services.~~	21410

~~(2) The rules~~ shall address only those issues that are not	21411
addressed in rules adopted by the ~~department of job and family~~	21412
~~services~~medicaid director for the PACE program.	21413

Sec. 173.501. (A) As used in this section:

21414

"Nursing facility" has the same meaning as in section ~~5111.20~~	21415
5165.01 of the Revised Code.	21416

"PACE provider" has the same meaning as in the "Social	21417
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	21418

(B) The department of aging shall establish a home first	21419
component of the PACE program under which eligible individuals may	21420
be enrolled in the PACE program in accordance with this section.	21421
An individual is eligible for the PACE program's home first	21422
component if both of the following apply:	21423

(1) The individual has been determined to be eligible for the	21424
PACE program.	21425

(2) At least one of the following applies:

21426

(a) The individual has been admitted to a nursing facility.

21427

(b) A physician has determined and documented in writing that	21428
the individual has a medical condition that, unless the individual	21429
is enrolled in home and community-based services such as the PACE	21430
program, will require the individual to be admitted to a nursing	21431
facility within thirty days of the physician's determination.	21432

(c) The individual has been hospitalized and a physician has	21433
determined and documented in writing that, unless the individual	21434
is enrolled in home and community-based services such as the PACE	21435
program, the individual is to be transported directly from the	21436
hospital to a nursing facility and admitted.	21437

(d) Both of the following apply:

21438

(i) The individual is the subject of a report made under	21439
section 5101.61 of the Revised Code regarding abuse, neglect, or	21440
exploitation or such a report referred to a county department of	21441
job and family services under section 5126.31 of the Revised Code	21442
or has made a request to a county department for protective	21443
services as defined in section 5101.60 of the Revised Code.	21444

(ii) A county department of job and family services and an	21445
area agency on aging have jointly documented in writing that,	21446
unless the individual is enrolled in home and community-based	21447
services such as the PACE program, the individual should be	21448
admitted to a nursing facility.	21449

(C) Each month, the department of aging shall identify	21450
individuals who are eligible for the home first component of the	21451
PACE program. When the department identifies such an individual,	21452
the department shall notify the PACE provider serving the area in	21453
which the individual resides. The PACE provider shall determine	21454
whether the PACE program is appropriate for the individual and	21455
whether the individual would rather participate in the PACE	21456
program than continue or begin to reside in a nursing facility. If	21457
the PACE provider determines that the PACE program is appropriate	21458
for the individual and the individual would rather participate in	21459
the PACE program than continue or begin to reside in a nursing	21460
facility, the PACE provider shall so notify the department of	21461
aging. On receipt of the notice from the PACE provider, the	21462
department of aging shall approve the individual's enrollment in	21463
the PACE program in accordance with priorities established in	21464
rules adopted under section 173.50 of the Revised Code.	21465

Sec. 173.51. As used in sections 173.51 to 173.56 of the	21466
Revised Code:	21467

"Area agency on aging" has the same meaning as in section	21468
173.14 of the Revised Code.	21469

"Assisted living program" means the program that consists of	21470
a medicaid-funded component created under section 173.54 of the	21471
Revised Code and a state-funded component created under section	21472
173.543 of the Revised Code and provides assisted living services	21473
to individuals who meet the program's applicable eligibility	21474
requirements.	21475

"Assisted living services" means the following home and	21476
community-based services: personal care, homemaker, chore,	21477
attendant care, companion, medication oversight, and therapeutic	21478
social and recreational programming.	21479

"Assisted living waiver" means the federal medicaid waiver	21480
granted by the United States secretary of health and human	21481
services that authorizes the medicaid-funded component of the	21482
assisted living program.	21483

"Choices program" means the program created under section	21484
173.53 of the Revised Code.	21485

"County or district home" means a county or district home	21486
operated under Chapter 5155. of the Revised Code.	21487

"Long-term care consultation program" means the program the	21488
department of aging is required to develop under section 173.42 of	21489
the Revised Code.	21490

"Long-term care consultation program administrator" or	21491
"administrator" means the department of aging or, if the	21492
department contracts with an area agency on aging or other entity	21493
to administer the long-term care consultation program for a	21494
particular area, that agency or entity.	21495

"Medicaid waiver component" has the same meaning as in	21496
section 5166.01 of the Revised Code.	21497

"Nursing facility" has the same meaning as in section 5165.01	21498
of the Revised Code.	21499

"PASSPORT administrative agency" has the same meaning as in	21500
section 173.42 of the Revised Code.	21501

"PASSPORT program" means the preadmission screening system	21502
providing options and resources today program (PASSPORT) that	21503
consists of a medicaid-funded component created under section	21504
173.52 of the Revised Code and a state-funded component created	21505
under section 173.522 of the Revised Code and provides home and	21506
community-based services as an alternative to nursing facility	21507
placement for individuals who are aged and disabled and meet the	21508
program's applicable eligibility requirements.	21509

"PASSPORT region" means a group of contiguous counties served	21510
by an individual PASSPORT administrative agency.	21511

"PASSPORT waiver" means the federal medicaid waiver granted	21512
by the United States secretary of health and human services that	21513
authorizes the medicaid-funded component of the PASSPORT program.	21514

"Representative" means a person acting on behalf of an	21515
applicant for the medicaid-funded component or state-funded	21516
component of the assisted living program. A representative may be	21517
a family member, attorney, hospital social worker, or any other	21518
person chosen to act on behalf of an applicant.	21519

"Residential care facility" has the same meaning as in	21520
section 3721.01 of the Revised Code.	21521

"Unified long-term services and support medicaid waiver	21522
component" means the medicaid waiver component authorized by	21523
section 5166.14 of the Revised Code.	21524

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	21525
~~173.402 of the Revised Code:~~	21526

~~"Medicaid waiver component" has the same meaning as in~~	21527
~~section 5111.85 of the Revised Code.~~	21528

~~"PASSPORT program" means the program created under this~~	21529
~~section.~~	21530

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	21531
~~by the United States secretary of health and human services that~~	21532
~~authorizes the medicaid-funded component of the PASSPORT program.~~	21533

~~"Unified long-term services and support medicaid waiver~~	21534
~~component" means the medicaid waiver component authorized by~~	21535
~~section 5111.864 of the Revised Code.~~	21536

~~(B) There is hereby created~~The department of medicaid shall	21537
create the medicaid-funded component of the ~~preadmission screening~~	21538
~~system providing options and resources today program, or~~ PASSPORT	21539
program. ~~The PASSPORT program shall provide home and~~	21540
~~community-based services as an alternative to nursing facility~~	21541
~~placement for individuals who are aged and disabled and meet the~~	21542
~~program's applicable eligibility requirements. Subject to division~~	21543
~~(C) of this section, the program shall have a medicaid-funded~~	21544
~~component and a state-funded component.~~In creating the	21545
medicaid-funded component, the department of medicaid shall	21546
collaborate with the department of aging.	21547

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21548
PASSPORT program is terminated under division (C)~~(2)~~ of this	21549
section, all of the following apply:	21550

~~(a)~~(1) The department of aging shall administer the	21551
medicaid-funded component through a contract entered into with the	21552
department of ~~job and family services~~medicaid under section	21553
~~5111.91~~5162.35 of the Revised Code.	21554

~~(b)~~(2) The medicaid-funded component shall be operated as a	21555
separate medicaid waiver component.	21556

~~(c)~~(3) For an individual to be eligible for the	21557
medicaid-funded component, the individual must be a medicaid	21558
recipient and meet the additional eligibility requirements	21559
applicable to the individual established in rules adopted under	21560
division ~~(C)(1)(d)~~(B)(4) of this section.	21561

~~(d) The director of job and family services shall adopt~~(4)	21562
To the extent authorized by rules ~~under~~authorization by section	21563
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	21564
shall adopt rules in accordance with Chapter 119. of the Revised	21565
Code to implement the medicaid-funded component.	21566

~~(2)~~(C) If the unified long-term services and support medicaid	21567
waiver component is created, the departments of aging and ~~job and~~	21568
~~family services~~medicaid shall work together to determine whether	21569
the medicaid-funded component of the PASSPORT program should	21570
continue to operate as a separate medicaid waiver component or be	21571
terminated. If the departments determine that the medicaid-funded	21572
component of the PASSPORT program should be terminated, the	21573
medicaid-funded component shall cease to exist on a date the	21574
departments shall specify.	21575

~~(D)(1) The department of aging shall administer the~~	21576
~~state-funded component of the PASSPORT program. The state-funded~~	21577
~~component shall not be administered as part of the medicaid~~	21578
~~program.~~	21579

~~(2) For an individual to be eligible for the state-funded~~	21580
~~component, the individual must meet one of the following~~	21581
~~requirements and meet the additional eligibility requirements~~	21582
~~applicable to the individual established in rules adopted under~~	21583
~~division (D)(4) of this section:~~	21584

~~(a) The individual must have been enrolled in the~~	21585
~~state-funded component on September 1, 1991, (as the state-funded~~	21586
~~component was authorized by uncodified law in effect at that time)~~	21587
~~and have had one or more applications for enrollment in the~~	21588
~~medicaid-funded component (or, if the medicaid-funded component is~~	21589
~~terminated under division (C)(2) of this section, the unified~~	21590
~~long-term services and support medicaid waiver component) denied.~~	21591

~~(b) The individual must have had the individual's enrollment~~	21592
~~in the medicaid-funded component (or, if the medicaid-funded~~	21593
~~component is terminated under division (C)(2) of this section, the~~	21594
~~unified long-term services and support medicaid waiver component)~~	21595
~~terminated and the individual must still need the home and~~	21596
~~community-based services provided under the PASSPORT program to~~	21597
~~protect the individual's health and safety.~~	21598

~~(c) The individual must have an application for the~~	21599
~~medicaid-funded component (or, if the medicaid-funded component is~~	21600
~~terminated under division (C)(2) of this section, the unified~~	21601
~~long-term services and support medicaid waiver component) pending~~	21602
~~and the department or the department's designee must have~~	21603
~~determined that the individual meets the nonfinancial eligibility~~	21604
~~requirements of the medicaid-funded component (or, if the~~	21605
~~medicaid-funded component is terminated under division (C)(2) of~~	21606
~~this section, the unified long-term services and support medicaid~~	21607
~~waiver component) and not have reason to doubt that the individual~~	21608
~~meets the financial eligibility requirements of the~~	21609
~~medicaid-funded component (or, if the medicaid-funded component is~~	21610
~~terminated under division (C)(2) of this section, the unified~~	21611
~~long-term services and support medicaid waiver component).~~	21612

~~(3) An individual who is eligible for the state-funded~~	21613
~~component because the individual meets the requirement of division~~	21614
~~(D)(2)(c) of this section may participate in the component on that~~	21615
~~basis for not more than ninety days.~~	21616

~~(4) The director of aging shall adopt rules in accordance~~	21617
~~with section 111.15 of the Revised Code to implement the~~	21618
~~state-funded component. The additional eligibility requirements~~	21619
~~established in the rules may vary for the different groups of~~	21620
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	21621
~~section.~~	21622

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

21623

~~"Area agency on aging" has the same meaning as in section~~	21624
~~173.14 of the Revised Code.~~	21625

~~"Long-term care consultation program" means the program the~~	21626
~~department of aging is required to develop under section 173.42 of~~	21627
~~the Revised Code.~~	21628

~~"Long-term care consultation program administrator" or~~	21629
~~"administrator" means the department of aging or, if the~~	21630
~~department contracts with an area agency on aging or other entity~~	21631
~~to administer the long-term care consultation program for a~~	21632
~~particular area, that agency or entity.~~	21633

~~"Nursing facility" has the same meaning as in section 5111.20~~	21634
~~of the Revised Code.~~	21635

~~(B) Subject~~Unless the medicaid-funded component of the	21636
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	21637
section ~~173.40~~173.52 of the Revised Code, the department shall	21638
establish a home first component of the PASSPORT program under	21639
which eligible individuals may be enrolled in the medicaid-funded	21640
component of the PASSPORT program in accordance with this section.	21641
An individual is eligible for the PASSPORT program's home first	21642
component if both of the following apply:	21643

(1) The individual has been determined to be eligible for the	21644
medicaid-funded component of the PASSPORT program.	21645

(2) At least one of the following applies:

21646

(a) The individual has been admitted to a nursing facility.

21647

(b) A physician has determined and documented in writing that	21648
the individual has a medical condition that, unless the individual	21649
is enrolled in home and community-based services such as the	21650
PASSPORT program, will require the individual to be admitted to a	21651
nursing facility within thirty days of the physician's	21652
determination.	21653

(c) The individual has been hospitalized and a physician has	21654
determined and documented in writing that, unless the individual	21655
is enrolled in home and community-based services such as the	21656
PASSPORT program, the individual is to be transported directly	21657
from the hospital to a nursing facility and admitted.	21658

(d) Both of the following apply:

21659

(i) The individual is the subject of a report made under	21660
section 5101.61 of the Revised Code regarding abuse, neglect, or	21661
exploitation or such a report referred to a county department of	21662
job and family services under section 5126.31 of the Revised Code	21663
or has made a request to a county department for protective	21664
services as defined in section 5101.60 of the Revised Code.	21665

(ii) A county department of job and family services and an	21666
area agency on aging have jointly documented in writing that,	21667
unless the individual is enrolled in home and community-based	21668
services such as the PASSPORT program, the individual should be	21669
admitted to a nursing facility.	21670

~~(C)~~(B) Each month, each area agency on aging shall identify	21671
individuals residing in the area that the agency serves who are	21672
eligible for the home first component of the PASSPORT program.	21673
When an area agency on aging identifies such an individual, the	21674
agency shall notify the long-term care consultation program	21675
administrator serving the area in which the individual resides.	21676
The administrator shall determine whether the PASSPORT program is	21677
appropriate for the individual and whether the individual would	21678
rather participate in the PASSPORT program than continue or begin	21679
to reside in a nursing facility. If the administrator determines	21680
that the PASSPORT program is appropriate for the individual and	21681
the individual would rather participate in the PASSPORT program	21682
than continue or begin to reside in a nursing facility, the	21683
administrator shall so notify the department of aging. On receipt	21684
of the notice from the administrator, the department shall approve	21685
the individual's enrollment in the medicaid-funded component of	21686
the PASSPORT program regardless of the unified waiting list	21687
established under section ~~173.404~~173.55 of the Revised Code,	21688
unless the enrollment would cause the component to exceed any	21689
limit on the number of individuals who may be enrolled in the	21690
component as set by the United States secretary of health and	21691
human services in the PASSPORT waiver.	21692

Sec. 173.522. (A) The department of aging shall create and	21693
administer the state-funded component of the PASSPORT program. The	21694
state-funded component shall not be administered as part of the	21695
medicaid program.	21696

(B) For an individual to be eligible for the state-funded	21697
component of the PASSPORT program, the individual must meet one of	21698
the following requirements and meet the additional eligibility	21699
requirements applicable to the individual established in rules	21700
adopted under division (D) of this section:	21701

(1) The individual must have been enrolled in the	21702
state-funded component on September 1, 1991, (as the state-funded	21703
component was authorized by uncodified law in effect at that time)	21704
and have had one or more applications for enrollment in the	21705
medicaid-funded component of the PASSPORT program (or, if the	21706
medicaid-funded component is terminated under division (C) of	21707
section 173.52 of the Revised Code, the unified long-term services	21708
and support medicaid waiver component) denied.	21709

(2) The individual must have had the individual's enrollment	21710
in the medicaid-funded component of the PASSPORT program (or, if	21711
the medicaid-funded component is terminated under division (C) of	21712
section 173.52 of the Revised Code, the unified long-term services	21713
and support medicaid waiver component) terminated and the	21714
individual must still need the home and community-based services	21715
provided under the PASSPORT program to protect the individual's	21716
health and safety.	21717

(3) The individual must have an application for the	21718
medicaid-funded component of the PASSPORT program (or, if the	21719
medicaid-funded component is terminated under division (C) of	21720
section 173.52 of the Revised Code, the unified long-term services	21721
and support medicaid waiver component) pending and the department	21722
or the department's designee must have determined that the	21723
individual meets the nonfinancial eligibility requirements of the	21724
medicaid-funded component (or, if the medicaid-funded component is	21725
terminated under division (C) of section 173.52 of the Revised	21726
Code, the unified long-term services and support medicaid waiver	21727
component) and not have reason to doubt that the individual meets	21728
the financial eligibility requirements of the medicaid-funded	21729
component (or, if the medicaid-funded component is terminated	21730
under division (C) of section 173.52 of the Revised Code, the	21731
unified long-term services and support medicaid waiver component).	21732

(C) An individual who is eligible for the state-funded	21733
component of the PASSPORT program because the individual meets the	21734
requirement of division (B)(3) of this section may participate in	21735
the component on that basis for not more than ninety days.	21736

(D) The director of aging shall adopt rules in accordance	21737
with section 111.15 of the Revised Code to implement the	21738
state-funded component of the PASSPORT program. The additional	21739
eligibility requirements established in the rules may vary for the	21740
different groups of individuals specified in divisions (B)(1),	21741
(2), and (3) of this section.	21742

Sec. 173.523. (A) An individual who is an applicant for or	21743
participant or former participant in the state-funded component of	21744
the PASSPORT program may appeal an adverse action taken or	21745
proposed to be taken by the department of aging or an entity	21746
designated by the department concerning participation in or	21747
services provided under the component if the action will result in	21748
any of the following:	21749

(1) Denial of enrollment or continued enrollment in the	21750
component;	21751

(2) Denial of or reduction in the amount of services	21752
requested by or offered to the individual under the component;	21753

(3) Assessment of any patient liability payment pursuant to	21754
rules adopted by the department under this section.	21755

The appeal shall be made in accordance with section 173.56 of	21756
the Revised Code and rules adopted pursuant to that section.	21757

(B) An individual who is an applicant for or participant or	21758
former participant in the state-funded component of the PASSPORT	21759
program may not bring an appeal under this or any other section of	21760
the Revised Code if any of the following is the case:	21761

(1) The individual has voluntarily withdrawn the application	21762
for enrollment in the component;	21763

(2) The individual has voluntarily terminated enrollment in	21764
the component;	21765

(3) The individual agrees with the action being taken or	21766
proposed;	21767

(4) The individual fails to submit a written request for a	21768
hearing to the director of aging within the time specified in the	21769
rules adopted pursuant to section 173.56 of the Revised Code;	21770

(5) The individual has received services under the component	21771
for the maximum time permitted by this section.	21772

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	21773
program may request that home-delivered meals provided to the	21774
individual under the PASSPORT program be kosher. If such a request	21775
is made, the department of aging or the department's designee	21776
shall ensure that each home-delivered meal provided to the	21777
individual under the PASSPORT program is kosher. In complying with	21778
this requirement, the department or department's designee shall	21779
require each entity that provides home-delivered meals to the	21780
individual to provide the individual with meals that meet, as much	21781
as possible, the requirements established in rules adopted under	21782
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	21783
governing the home-delivered meal service while complying with	21784
kosher practices for meal preparation and dietary restrictions.	21785

An entity that provides a kosher home-delivered meal to a	21786
PASSPORT program enrollee pursuant to this section shall be	21787
reimbursed for the meal at a rate equal to the rate for	21788
home-delivered meals furnished to PASSPORT program enrollees	21789
requiring a therapeutic diet.	21790

Sec. 173.525. (A) The PASSPORT program shall include a	21791
structured family caregiver component as a pilot program in three	21792
rural PASSPORT regions under which an individual enrolled in the	21793
PASSPORT program may choose a family member to provide the	21794
individual home and community-based services that the individual	21795
receives under the PASSPORT program. A family member must do all	21796
of the following to be eligible to be a family caregiver under the	21797
PASSPORT program:	21798

(1) Complete all the training, obtain all required	21799
credentials, and satisfy all other applicable requirements to be a	21800
PASSPORT provider;	21801

(2) Arrange for an agency that is a PASSPORT provider to do	21802
all of the following:	21803

(a) Assist the family member with the requirements to be a	21804
family caregiver;	21805

(b) Provide or arrange professional staff training to or for	21806
the family member;	21807

(c) If possible, include the family member in electronic	21808
records used for the PASSPORT program;	21809

(d) Provide professional staff support that is appropriate	21810
for the PASSPORT enrollee's care needs to the enrollee for whom	21811
the family member serves as a family caregiver.	21812

(3) Comply with any other applicable requirements specified	21813
in rules adopted under sections 173.52 and 173.522 of the Revised	21814
Code.	21815

(B) An individual may serve as the family caregiver for not	21816
more than two PASSPORT enrollees. A family caregiver may provide	21817
home and community-based services covered by the PASSPORT program	21818
in the home of either the caregiver or the PASSPORT enrollee.	21819

(C) The structured family caregiver component of the PASSPORT	21820
program shall be available as a pilot program in three rural	21821
PASSPORT regions not later than January 1, 2014. The payment rate	21822
for the component shall be adequate to pay the family caregiver a	21823
stipend and reimburse the agency provider for the costs of	21824
providing professional staff support pursuant to division	21825
(A)(2)(d) of this section.	21826

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

21827

~~"Choices program" means the program created under this~~	21828
~~section.~~	21829

~~"Medicaid waiver component" has the same meaning as in~~	21830
~~section 5111.85 of the Revised Code.~~	21831

~~"Unified long-term services and support medicaid waiver~~	21832
~~component" means the medicaid waiver component authorized by~~	21833
~~section 5111.864 of the Revised Code.~~	21834

~~(B) Subject to division (C) of this section, there is hereby~~	21835
~~created~~The department of medicaid shall create the choices	21836
program. In creating the choices program, the department of	21837
medicaid shall collaborate with the department of aging. Subject	21838
to division (B) of this section:	21839

(1) The choices program shall provide home and	21840
community-based services~~. The~~;	21841

(2) The department of aging shall administer the choices	21842
program through a contract entered into with the department of	21843
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	21844
the Revised Code~~. Subject to federal approval, the~~;	21845

(3) The choices program shall be available statewide.

21846

~~(C)~~(B) If the unified long-term services and support medicaid	21847
waiver component is created, the departments of aging and ~~job and~~	21848
~~family services~~medicaid shall ~~work together~~collaborate to	21849
determine whether the choices program should continue to operate	21850
as a separate medicaid waiver component or be terminated. If the	21851
departments determine that the choices program should be	21852
terminated, the program shall cease to exist on a date the	21853
departments shall specify.	21854

(C) If the choices program is terminated pursuant to division	21855
(B) of this section or for another reason, not sooner than six	21856
months before the date on which the program ceases to exist, the	21857
director of aging may do both of the following:	21858

(1) Suspend new enrollments in the choices program;

21859

(2) Transfer participants of the choices program to the	21860
following:	21861

(a) Except as provided in division (C)(2)(b) of this section,	21862
the medicaid-funded component of the PASSPORT program created	21863
under section 173.52 of the Revised Code;	21864

(b) If the medicaid-funded component of the PASSPORT program	21865
is terminated pursuant to division (C) of section 173.52 of the	21866
Revised Code, the unified long-term services and support medicaid	21867
waiver component.	21868

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	21869
~~5111.894 of the Revised Code:~~	21870

~~"Area agency on aging" has the same meaning as in section~~	21871
~~173.14 of the Revised Code.~~	21872

~~"Assisted living program" means the program created under~~	21873
~~this section.~~	21874

~~"Assisted living services" means the following home and~~	21875
~~community-based services: personal care, homemaker, chore,~~	21876
~~attendant care, companion, medication oversight, and therapeutic~~	21877
~~social and recreational programming.~~	21878

~~"Assisted living waiver" means the federal medicaid waiver~~	21879
~~granted by the United States secretary of health and human~~	21880
~~services that authorizes the medicaid-funded component of the~~	21881
~~assisted living program.~~	21882

~~"County or district home" means a county or district home~~	21883
~~operated under Chapter 5155. of the Revised Code.~~	21884

~~"Long-term care consultation program" means the program the~~	21885
~~department of aging is required to develop under section 173.42 of~~	21886
~~the Revised Code.~~	21887

~~"Long-term care consultation program administrator" or~~	21888
~~"administrator" means the department of aging or, if the~~	21889
~~department contracts with an area agency on aging or other entity~~	21890
~~to administer the long-term care consultation program for a~~	21891
~~particular area, that agency or entity.~~	21892

~~"Medicaid waiver component" has the same meaning as in~~	21893
~~section 5111.85 of the Revised Code.~~	21894

~~"Nursing facility" has the same meaning as in section 5111.20~~	21895
~~of the Revised Code.~~	21896

~~"Residential care facility" has the same meaning as in~~	21897
~~section 3721.01 of the Revised Code.~~	21898

~~"Unified long-term services and support medicaid waiver~~	21899
~~component" means the medicaid waiver component authorized by~~	21900
~~section 5111.864 of the Revised Code.~~	21901

~~(B) There is hereby created~~The department of medicaid shall	21902
create the medicaid-funded component of the assisted living	21903
program. ~~The program shall provide assisted living services to~~	21904
~~individuals who meet the program's applicable eligibility~~	21905
~~requirements. Subject to division (C) of this section, the program~~	21906
~~shall have a medicaid-funded component and a state-funded~~	21907
~~component~~In creating the medicaid-funded component, the	21908
department of medicaid shall collaborate with the department of	21909
aging.	21910

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21911
assisted living program is terminated under division (C)~~(2)~~ of	21912
this section, all of the following apply:	21913

~~(a)~~(1) The department of aging shall administer the	21914
medicaid-funded component through a contract entered into with the	21915
department of ~~job and family services~~medicaid under section	21916
~~5111.91~~5162.35 of the Revised Code.	21917

~~(b)~~(2) The contract shall include an estimate of the	21918
medicaid-funded component's costs.	21919

~~(c)~~(3) The medicaid-funded component shall be operated as a	21920
separate medicaid waiver component.	21921

~~(d)~~(4) The medicaid-funded component may not serve more	21922
individuals than is set by the United States secretary of health	21923
and human services in the assisted living waiver.	21924

~~(e) The director of job and family services may adopt rules~~	21925
~~under section 5111.85 of the Revised Code regarding the~~	21926
~~medicaid-funded component.~~	21927

~~(f) The~~(5) To the extent authorized by rules authorized by	21928
section 5162.021 of the Revised Code, the director of aging may	21929
adopt rules under Chapter 119. of the Revised Code regarding the	21930
medicaid-funded component ~~that the rules adopted by the director~~	21931
~~of job and family services under division (C)(1)(e) of this~~	21932
~~section authorize the director of aging to adopt~~.	21933

~~(2)~~(C) If the unified long-term services and support medicaid	21934
waiver component is created, the departments of aging and ~~job and~~	21935
~~family services~~medicaid shall ~~work together~~collaborate to	21936
determine whether the medicaid-funded component of the assisted	21937
living program should continue to operate as a separate medicaid	21938
waiver component or be terminated. If the departments determine	21939
that the medicaid-funded component of the assisted living program	21940
should be terminated, the medicaid-funded component shall cease to	21941
exist on a date the departments shall specify.	21942

~~(D) The department of aging shall administer the state-funded~~	21943
~~component of the assisted living program. The state-funded~~	21944
~~component shall not be administered as part of the medicaid~~	21945
~~program.~~	21946

~~An individual who is eligible for the state-funded component~~	21947
~~may participate in the component for not more than ninety days.~~	21948

~~The director of aging shall adopt rules in accordance with~~	21949
~~section 111.15 of the Revised Code to implement the state-funded~~	21950
~~component.~~	21951

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	21952
medicaid-funded component of the assisted living program, an	21953
individual must meet all of the following requirements:	21954

(A) Need an intermediate level of care as determined ~~under~~	21955
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	21956
of the ~~Administrative~~Revised Code;	21957

(B) While receiving assisted living services under the	21958
medicaid-funded component, reside in a residential care facility	21959
that is authorized by a valid medicaid provider agreement to	21960
participate in the component, including both of the following:	21961

(1) A residential care facility that is owned or operated by	21962
a metropolitan housing authority that has a contract with the	21963
United States department of housing and urban development to	21964
receive an operating subsidy or rental assistance for the	21965
residents of the facility;	21966

(2) A county or district home licensed as a residential care	21967
facility.	21968

(C) Meet all other eligibility requirements for the	21969
medicaid-funded component established in rules adopted ~~pursuant to~~	21970
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	21971

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	21972
medicaid-funded component of the assisted living program is	21973
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	21974
of the Revised Code, the department of aging shall establish a	21975
home first component of the assisted living program under which	21976
eligible individuals may be enrolled in the medicaid-funded	21977
component of the assisted living program in accordance with this	21978
section. An individual is eligible for the assisted living	21979
program's home first component if both of the following apply:	21980

(1) The individual has been determined to be eligible for the	21981
medicaid-funded component of the assisted living program.	21982

(2) At least one of the following applies:

21983

(a) The individual has been admitted to a nursing facility.

21984

(b) A physician has determined and documented in writing that	21985
the individual has a medical condition that, unless the individual	21986
is enrolled in home and community-based services such as the	21987
assisted living program, will require the individual to be	21988
admitted to a nursing facility within thirty days of the	21989
physician's determination.	21990

(c) The individual has been hospitalized and a physician has	21991
determined and documented in writing that, unless the individual	21992
is enrolled in home and community-based services such as the	21993
assisted living program, the individual is to be transported	21994
directly from the hospital to a nursing facility and admitted.	21995

(d) Both of the following apply:

21996

(i) The individual is the subject of a report made under	21997
section 5101.61 of the Revised Code regarding abuse, neglect, or	21998
exploitation or such a report referred to a county department of	21999
job and family services under section 5126.31 of the Revised Code	22000
or has made a request to a county department for protective	22001
services as defined in section 5101.60 of the Revised Code.	22002

(ii) A county department of job and family services and an	22003
area agency on aging have jointly documented in writing that,	22004
unless the individual is enrolled in home and community-based	22005
services such as the assisted living program, the individual	22006
should be admitted to a nursing facility.	22007

(B) Each month, each area agency on aging shall identify	22008
individuals residing in the area that the area agency on aging	22009
serves who are eligible for the home first component of the	22010
assisted living program. When an area agency on aging identifies	22011
such an individual and determines that there is a vacancy in a	22012
residential care facility participating in the medicaid-funded	22013
component of the assisted living program that is acceptable to the	22014
individual, the agency shall notify the long-term care	22015
consultation program administrator serving the area in which the	22016
individual resides. The administrator shall determine whether the	22017
assisted living program is appropriate for the individual and	22018
whether the individual would rather participate in the assisted	22019
living program than continue or begin to reside in a nursing	22020
facility. If the administrator determines that the assisted living	22021
program is appropriate for the individual and the individual would	22022
rather participate in the assisted living program than continue or	22023
begin to reside in a nursing facility, the administrator shall so	22024
notify the department of aging. On receipt of the notice from the	22025
administrator, the department shall approve the individual's	22026
enrollment in the medicaid-funded component of the assisted living	22027
program regardless of the unified waiting list established under	22028
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	22029
would cause the component to exceed any limit on the number of	22030
individuals who may participate in the component as set by the	22031
United States secretary of health and human services in the	22032
assisted living waiver.	22033

Sec. 173.543. The department of aging shall create and	22034
administer the state-funded component of the assisted living	22035
program. The state-funded component shall not be administered as	22036
part of the medicaid program.	22037

An individual who is eligible for the state-funded component	22038
may participate in the component for not more than ninety days.	22039

The director of aging shall adopt rules in accordance with	22040
section 111.15 of the Revised Code to implement the state-funded	22041
component.	22042

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	22043
component of the assisted living program, an individual must meet	22044
all of the following requirements:	22045

(A) The individual must need an intermediate level of care as	22046
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	22047
section 173.546 of the ~~Administrative~~Revised Code;.	22048

(B) The individual must have an application for the	22049
medicaid-funded component of the assisted living program (or, if	22050
the medicaid-funded component is terminated under division (C)~~(2)~~	22051
of section ~~5111.89~~173.54 of the Revised Code, the unified	22052
long-term services and support medicaid waiver component) pending	22053
and the department or the department's designee must have	22054
determined that the individual meets the nonfinancial eligibility	22055
requirements of the medicaid-funded component (or, if the	22056
medicaid-funded component is terminated under division (C)~~(2)~~ of	22057
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	22058
services and support medicaid waiver component) and not have	22059
reason to doubt that the individual meets the financial	22060
eligibility requirements of the medicaid-funded component (or, if	22061
the medicaid-funded component is terminated under division (C)~~(2)~~	22062
of section ~~5111.89~~173.54 of the Revised Code, the unified	22063
long-term services and support medicaid waiver component).	22064

(C) While receiving assisted living services under the	22065
state-funded component, the individual must reside in a	22066
residential care facility that is authorized by a valid provider	22067
agreement to participate in the component, including both of the	22068
following:	22069

(1) A residential care facility that is owned or operated by	22070
a metropolitan housing authority that has a contract with the	22071
United States department of housing and urban development to	22072
receive an operating subsidy or rental assistance for the	22073
residents of the facility;	22074

(2) A county or district home licensed as a residential care	22075
facility.	22076

(D) The individual must meet all other eligibility	22077
requirements for the state-funded component established in rules	22078
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	22079
Revised Code.	22080

Sec. 173.545. (A) An individual who is an applicant for or	22081
participant or former participant in the state-funded component of	22082
the assisted living program may appeal an adverse action taken or	22083
proposed to be taken by the department of aging or an entity	22084
designated by the department concerning participation in or	22085
services provided under the component if the action will result in	22086
any of the following:	22087

(1) Denial of enrollment or continued enrollment in the	22088
component;	22089

(2) Denial of or reduction in the amount of services	22090
requested by or offered to the individual under the component;	22091

(3) Assessment of any patient liability payment pursuant to	22092
rules adopted by the department under this section.	22093

The appeal shall be made in accordance with section 173.56 of	22094
the Revised Code and rules adopted pursuant to that section.	22095

(B) An individual who is an applicant for or participant or	22096
former participant in the state-funded component of the assisted	22097
living program may not bring an appeal under this or any other	22098
section of the Revised Code if any of the following is the case:	22099

(1) The individual has voluntarily withdrawn the application	22100
for enrollment in the component;	22101

(2) The individual has voluntarily terminated enrollment in	22102
the component;	22103

(3) The individual agrees with the action being taken or	22104
proposed;	22105

(4) The individual fails to submit a written request for a	22106
hearing to the director of aging within the time specified in the	22107
rules adopted pursuant to section 173.56 of the Revised Code;	22108

(5) The individual has received services under the component	22109
for the maximum time permitted by this section.	22110

Sec. 173.546. (A) Each applicant for the assisted living	22111
program shall undergo an assessment to determine whether the	22112
applicant needs an intermediate level of care. The department of	22113
medicaid or an agency under contract pursuant to division (C) of	22114
this section shall conduct the assessment. The assessment may be	22115
performed concurrently with a long-term care consultation provided	22116
under section 173.42 of the Revised Code.	22117

(B) An applicant or applicant's representative has the right	22118
to appeal an assessment's findings. Section 5160.31 of the Revised	22119
Code applies to appeals regarding the medicaid-funded component of	22120
the assisted living program. The department or an agency under	22121
contract to conduct the assessment shall provide written notice of	22122
this right to the applicant or applicant's representative and the	22123
residential care facility in which the applicant intends to reside	22124
if enrolled in the assisted living program. The notice shall	22125
include an explanation of the appeal procedures. The department or	22126
agency under contract to conduct the assessment shall represent	22127
the state in any appeal of an assessment's findings.	22128

(C) The department may contract with one or more agencies to	22129
perform assessments under this section. A contract shall specify	22130
the agency's responsibilities regarding the assessments.	22131

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	22132
services covered by the assisted living program to an individual	22133
enrolled in the program shall have staff on-site twenty-four hours	22134
each day who are able to do all of the following:	22135

(A) Meet the scheduled and unpredicted needs of the	22136
individuals enrolled in the assisted living program in a manner	22137
that promotes the individuals' dignity and independence;	22138

(B) Provide supervision services for those individuals;

22139

22140

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

22141

(1) "Department of aging-administered medicaid waiver	22142
component" means each of the following:	22143

(a) The medicaid-funded component of the PASSPORT program	22144
~~created under section 173.40 of the Revised Code~~;	22145

(b) The choices program ~~created under section 173.403 of the~~	22146
~~Revised Code~~;	22147

(c) The medicaid-funded component of the assisted living	22148
program ~~created under section 5111.89 of the Revised Code~~.	22149

(2) "PACE program" means the component of the medicaid	22150
program the department of aging administers pursuant to section	22151
173.50 of the Revised Code.	22152

(B) If the department of aging determines that there are	22153
insufficient funds to enroll all individuals who have applied and	22154
been determined eligible for department of aging-administered	22155
medicaid waiver components and the PACE program, the department	22156
shall establish a unified waiting list for the components and	22157
program. Only individuals eligible for a department of	22158
aging-administered medicaid waiver component or the PACE program	22159
may be placed on the unified waiting list. An individual who may	22160
be enrolled in a department of aging-administered medicaid waiver	22161
component or the PACE program through a home first component	22162
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	22163
173.542 of the Revised Code may be so enrolled without being	22164
placed on the unified waiting list.	22165

Sec. 173.56. (A) The department of aging shall adopt rules	22166
in accordance with section 111.15 of the Revised Code governing	22167
appeals brought under section 173.523 or 173.545 of the Revised	22168
Code. The rules shall require notice and the opportunity for a	22169
hearing. The rules may allow an appeal hearing to be conducted by	22170
telephone and permit the department to record hearings conducted	22171
by telephone. Chapter 119. of the Revised Code applies to a	22172
hearing under section 173.523 or 173.545 of the Revised Code only	22173
to the extent provided in rules the department adopts under this	22174
section.	22175

(B) An appeal shall be commenced by submission of a written	22176
request for a hearing to the director of aging within the time	22177
specified in the rules adopted under this section. The hearing may	22178
be recorded, but neither the recording nor a transcript of the	22179
recording is part of the official record of the proceeding. The	22180
director shall notify the individual bringing the appeal of the	22181
director's decision and of the procedure for appealing the	22182
decision.	22183

(C) The director's decision may be appealed to a court of	22184
common pleas pursuant to section 119.12 of the Revised Code. The	22185
appeal shall be governed by that section except as follows:	22186

(1) The appeal shall be in the court of common pleas of the	22187
county in which the individual who brings the appeal resides or,	22188
if the individual does not reside in this state, to the Franklin	22189
county court of common pleas.	22190

(2) The notice of appeal must be mailed to the department and	22191
filed with the court not later than thirty days after the	22192
department mails notice of the director's decision. For good cause	22193
shown, the court may extend the time for mailing and filing the	22194
notice of appeal, but the time cannot exceed six months from the	22195
date the department mails the notice of the director's decision.	22196

(3) If an individual applies to the court for designation as	22197
an indigent and the court grants the application, the individual	22198
shall not be required to furnish the costs of the appeal.	22199

(4) The department is required to file a transcript of the	22200
testimony of the state hearing with the court only if the court	22201
orders that the transcript be filed. The court shall make such an	22202
order only if it finds that the department and the individual	22203
bringing the appeal are unable to stipulate to the facts of the	22204
case and that the transcript is essential to a determination of	22205
the appeal. The department shall file the transcript not later	22206
than thirty days after such an order is issued.	22207

Sec. 173.99. (A) A long-term care provider, person employed	22208
by a long-term care provider, other entity, or employee of such	22209
other entity that violates division (C) of section 173.24 of the	22210
Revised Code is subject to a fine not to exceed one thousand	22211
dollars for each violation.	22212

(B) Whoever violates division (C) of section 173.23 of the	22213
Revised Code is guilty of registering a false complaint, a	22214
misdemeanor of the first degree.	22215

(C) A long-term care provider, other entity, or person	22216
employed by a long-term care provider or other entity that	22217
violates division (E) of section 173.19 of the Revised Code by	22218
denying a representative of the office of the state long-term care	22219
~~ombudsperson~~ombudsman program the access required by that	22220
division is subject to a fine not to exceed five hundred dollars	22221
for each violation.	22222

(D) Whoever violates division (C) of section 173.44 of the	22223
Revised Code is subject to a fine of one hundred dollars.	22224

Sec. 175.04. (A) The governor shall appoint a chairperson	22225
from among the members. The agency members shall elect a member as	22226
vice-chairperson. The agency members may appoint other officers,	22227
who need not be members of the agency, as the agency deems	22228
necessary.	22229

(B) Six members of the agency constitute a quorum and the	22230
affirmative vote of six members is necessary for any action the	22231
agency takes. No vacancy in agency membership impairs the right of	22232
a quorum to exercise all of the agency's rights and perform all	22233
the agency's duties. Agency meetings may be held at any place	22234
within the state. Meetings shall comply with section 121.22 of the	22235
Revised Code.	22236

(C) The agency shall maintain accounting records in	22237
accordance with generally accepted accounting principals and other	22238
required accounting standards.	22239

(D) The agency shall develop policies and guidelines for the	22240
administration of its programs and annually shall conduct at least	22241
one public hearing to obtain input from any interested party	22242
regarding the administration of its programs. The hearing shall be	22243
held at a time and place as the agency determines and when a	22244
quorum of the agency is present.	22245

(E) The agency shall appoint committees and subcommittees	22246
comprised of members of the agency to handle matters it deems	22247
appropriate.	22248

(1) The agency shall adopt an annual plan to address this	22249
state's housing needs. The agency shall appoint an annual plan	22250
committee to develop the plan and present it to the agency for	22251
consideration.	22252

(2) The annual plan committee shall select an advisory board	22253
from a list of interested individuals the executive director	22254
provides or on its own recommendation. The advisory board shall	22255
provide input on the plan at committee meetings prior to the	22256
annual public hearing. At the public hearing, the committee shall	22257
discuss advisory board comments. The advisory board may include,	22258
but is not limited to, persons who represent state agencies, local	22259
governments, public corporations, nonprofit organizations,	22260
community development corporations, housing advocacy organizations	22261
for low- and moderate-income persons, realtors, syndicators,	22262
investors, lending institutions as recommended by a statewide	22263
banking organization, and other entities participating in the	22264
agency's programs.	22265

Each agency program that allows for loans to be made to	22266
finance housing for owner occupancy that benefits other than low-	22267
and moderate-income households, or for loans to be made to	22268
individuals under bonds issued pursuant to division (B) of section	22269
175.08 of the Revised Code, shall be presented to the advisory	22270
board and included in the annual plan as approved by the agency	22271
before the program's implementation.	22272

(F) The agency shall prepare an annual financial report	22273
describing its activities during the reporting year and submit	22274
that report in accordance with division (H) of this section and to	22275
the governor, the speaker of the house of representatives, and the	22276
president of the senate within three months after the end of the	22277
reporting year. The report shall include the agency's audited	22278
financial statements, prepared in accordance with generally	22279
accepted accounting principles and appropriate accounting	22280
standards.	22281

(G) The agency shall prepare an annual report of its programs	22282
describing how the programs have met this state's housing needs.	22283
The agency shall submit the report in accordance with division (H)	22284
of this section and to the governor, the speaker of the house of	22285
representatives, and the president of the senate within three	22286
months after the end of the reporting year.	22287

(H)(1) The agency shall submit, within a time frame agreed to	22288
by the agency and the chairs, the annual financial report	22289
described in division (F) of this section and the annual report of	22290
programs described in division (G) of this section to the chairs	22291
of the committees dealing with housing issues in the house of	22292
representatives and the senate.	22293

(2) Within forty-five days of issuance of the annual	22294
financial report, the agency shall cause the agency's executive	22295
director to appear in person before the committees described in	22296
division (H)(1) of this section to testify in regard to the	22297
financial report and the report of programs. The testimony shall	22298
include each of the following:	22299

(a) An overview of the annual plan adopted pursuant to	22300
division (E)(1) of this section;	22301

(b) An evaluation of whether the objectives in the annual	22302
plan were met through a comparison of the annual plan with the	22303
annual financial report and report of programs;	22304

(c) A complete listing of all business and contractual	22305
relationships between the agency and other entities and	22306
organizations that participated in agency programs during the	22307
fiscal year reported by the agency's annual financial report and	22308
report of programs.	22309

Sec. 187.10. (A) No person, with purpose to corrupt a	22310
director, officer, or employee of JobsOhio, shall promise, offer,	22311
or give any valuable thing or valuable benefit.	22312

(B) No person who is a director, officer, or employee of	22313
JobsOhio, either before or after being appointed, qualified, or	22314
employed in that capacity, shall knowingly solicit or accept for	22315
self or another person any valuable thing or valuable benefit to	22316
corrupt or improperly influence the person or another director,	22317
officer, or employee of JobsOhio with respect to the discharge of	22318
the person's or the other director's, officer's, or employee's	22319
duty.	22320

(C) Whoever violates division (A) or (B) of this section is	22321
guilty of the offense of bribery, as set forth in section 2921.02	22322
of the Revised Code.	22323

Sec. 191.01. As used in this chapter:

22324

(A) "Administrative safeguards," "availability,"	22325
"confidentiality," "integrity," "physical safeguards," and	22326
"technical safeguards" have the same meanings as in 45 C.F.R.	22327
164.304.	22328

(B) "Business associate," "covered entity," "health plan,"	22329
"individually identifiable health information," and "protected	22330
health information" have the same meanings as in 45 C.F.R.	22331
160.103.	22332

(C) "Executive director of the office of health	22333
transformation" or "executive director" means the executive	22334
director of the office of health transformation or the chief	22335
administrative officer of a successor governmental entity	22336
responsible for health system oversight in this state.	22337

(D) "Government program providing public benefits" means any	22338
program administered by a state agency that has been identified,	22339
pursuant to section 191.02 of the Revised Code, by the executive	22340
director of the office of health transformation in consultation	22341
with the individuals specified in that section.	22342

(E) "Office of health transformation" means the office of	22343
health transformation created by executive order 2011-02K.	22344

(F) "Operating protocol" means a protocol adopted by the	22345
executive director of the office of health transformation or the	22346
executive director's designee under division (D) of section 191.06	22347
of the Revised Code.	22348

(G) "Participating agency" means a state agency that	22349
participates in a health transformation initiative as specified in	22350
the one or more operating protocols adopted for the initiative	22351
under division (D) of section 191.06 of the Revised Code.	22352

(H) "Personally identifiable information" means information	22353
that meets both of the following criteria:	22354

(1) It identifies an individual or there is a reasonable	22355
basis to believe that it may be used to identify an individual;	22356

(2) It relates to an individual's eligibility for,	22357
application for, or receipt of public benefits from a government	22358
program providing public benefits.	22359

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

22360

(1) The department of administrative services;

22361

(2) The department of aging;

22362

~~(2) The department of alcohol and drug addiction services;~~

22363

(3) The ~~department of~~ development services agency;

22364

(4) The department of developmental disabilities;

22365

(5) The department of education;

22366

(6) The department of health;

22367

(7) The department of insurance;

22368

(8) The department of job and family services;

22369

(9) The department of medicaid;

22370

(10) The department of ~~mental health~~mental health and	22371
addiction services;	22372

~~(10)~~(11) The department of rehabilitation and correction;

22373

~~(11)~~(12) The department of taxation;

22374

~~(12)~~(13) The department of veterans services;

22375

~~(13)~~(14) The department of youth services.

22376

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

22377

Sec. 191.02. The executive director of the office of health	22378
transformation, in consultation with all of the following	22379
individuals, shall identify each government program administered	22380
by a state agency that is to be considered a government program	22381
providing public benefits for purposes of section 191.04 of the	22382
Revised Code:	22383

(A) The director of administrative services;

22384

(B) The director of aging;

22385

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

22386

22387

(D) The director of developmental disabilities;

22388

(E) The director of health;

22389

(F) The director of job and family services;

22390

(G) The director of medicaid;

22391

(H) The director of ~~mental health~~mental health and addiction	22392
services;	22393

~~(H)~~(I) The director of rehabilitation and correction;

22394

~~(I)~~(J) The director of veterans services;

22395

~~(J)~~(K) The director of youth services;

22396

~~(K)~~(L) The ~~administrator~~executive director of the	22397
~~rehabilitation services commission~~opportunities for Ohioans with	22398
disabilities agency;	22399

~~(L)~~(M) The administrator of workers' compensation;

22400

~~(M)~~(N) The superintendent of insurance;

22401

~~(N)~~(O) The superintendent of public instruction;

22402

~~(O)~~(P) The tax commissioner.

22403

Sec. 191.04. (A) In accordance with federal laws governing	22404
the confidentiality of individually identifiable health	22405
information, including the "Health Insurance Portability and	22406
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	22407
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	22408
by the United States department of health and human services to	22409
implement the act, a state agency may exchange protected health	22410
information with another state agency relating to eligibility for	22411
or enrollment in a health plan or relating to participation in a	22412
government program providing public benefits if the exchange of	22413
information is necessary for either or both of the following:	22414

(1) Operating a health plan;

22415

(2) Coordinating, or improving the administration or	22416
management of, the health care-related functions of at least one	22417
government program providing public benefits.	22418

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	22419
agency also may exchange personally identifiable information with	22420
another state agency for purposes related to and in support of a	22421
health transformation initiative identified by the executive	22422
director of the office of health transformation pursuant to	22423
division (C) of section 191.06 of the Revised Code.	22424

(C) With respect to a state agency that uses or discloses	22425
personally identifiable information, all of the following	22426
conditions apply:	22427

(1) The state agency shall use or disclose the information	22428
only as permitted or required by state and federal law. In	22429
addition, if the information is obtained during fiscal year 2013,	22430
2014, or 2015 from an exchange of personally identifiable	22431
information permitted under division (B) of this section, the	22432
agency shall also use or disclose the information in accordance	22433
with all operating protocols that apply to the use or disclosure.	22434

(2) If the state agency is a state agency other than the	22435
department of ~~job and family services~~medicaid and it uses or	22436
discloses protected health information that is related to a	22437
medicaid recipient and obtained from the department of ~~job and~~	22438
~~family services~~medicaid or another agency operating a component	22439
of the medicaid program, the state agency shall comply with all	22440
state and federal laws that apply to the department of ~~job and~~	22441
~~family services~~medicaid when that department, as the state's	22442
single state agency to supervise the medicaid program ~~as specified~~	22443
~~in section 5111.01 of the Revised Code~~, uses or discloses	22444
protected health information.	22445

(3) A state agency shall implement administrative, physical,	22446
and technical safeguards for the purpose of protecting the	22447
confidentiality, integrity, and availability of personally	22448
identifiable information the creation, receipt, maintenance, or	22449
transmittal of which is affected or governed by this section.	22450

(4) If a state agency discovers an unauthorized use or	22451
disclosure of unsecured protected health information or unsecured	22452
individually identifiable health information, the state agency	22453
shall, not later than seventy-two hours after the discovery, do	22454
all of the following:	22455

(a) Identify the individuals who are the subject of the	22456
protected health information or individually identifiable health	22457
information;	22458

(b) Report the discovery and the names of all individuals	22459
identified pursuant to division (C)(4)(a) of this section to all	22460
other state agencies and the executive director of the office of	22461
health transformation or the executive director's designee;	22462

(c) Mitigate, to the extent reasonably possible, any	22463
potential adverse effects of the unauthorized use or disclosure.	22464

(5) A state agency shall make available to the executive	22465
director of the office of health transformation or the executive	22466
director's designee, and to any other state or federal	22467
governmental entity required by law to have access on that	22468
entity's request, all internal practices, records, and	22469
documentation relating to personally identifiable information it	22470
receives, uses, or discloses that is affected or governed by this	22471
section.	22472

(6) On termination or expiration of an operating protocol and	22473
if feasible, a state agency shall return or destroy all personally	22474
identifiable information received directly from or received on	22475
behalf of another state agency. If the personally identifiable	22476
information is not returned or destroyed, the state agency	22477
maintaining the information shall extend the protections set forth	22478
in this section for as long as it is maintained.	22479

(7) If a state agency enters into a subcontract or, when	22480
required by 45 C.F.R. 164.502(e)(2), a business associate	22481
agreement, the subcontract or business associate agreement shall	22482
require the subcontractor or business associate to comply with the	22483
terms of this section as if the subcontractor or business	22484
associate were a state agency.	22485

Sec. 191.06. (A) The provisions of this section shall apply	22486
only for fiscal ~~year~~years 2013, 2014, and 2015.	22487

(B) The executive director of the office of health	22488
transformation or the executive director's designee may facilitate	22489
the coordination of operations and exchange of information between	22490
state agencies. The purpose of the executive director's authority	22491
under this section is to support agency collaboration for health	22492
transformation purposes, including modernization of the medicaid	22493
program, streamlining of health and human services programs in	22494
this state, and improving the quality, continuity, and efficiency	22495
of health care and health care support systems in this state.	22496

(C) In furtherance of the authority of the executive director	22497
of the office of health transformation under division (B) of this	22498
section, the executive director or the executive director's	22499
designee shall identify each health transformation initiative in	22500
this state that involves the participation of two or more state	22501
agencies and that permits or requires an interagency agreement to	22502
be entered into for purposes of specifying each participating	22503
agency's role in coordinating, operating, or funding the	22504
initiative, or facilitating the exchange of data or other	22505
information for the initiative. The executive director shall	22506
publish a list of the identified health transformation initiatives	22507
on the internet web site maintained by the office of health	22508
transformation.	22509

(D) For each health transformation initiative that is	22510
identified under division (C) of this section, the executive	22511
director or the executive director's designee shall, in	22512
consultation with each participating agency, adopt one or more	22513
operating protocols. Notwithstanding any law enacted by the	22514
general assembly or rule adopted by a state agency, the provisions	22515
in a protocol shall supersede any provisions in an interagency	22516
agreement, including an interagency agreement entered into under	22517
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	22518
differ from the provisions of the protocol.	22519

(E)(1) An operating protocol adopted under division (D) of	22520
this section shall include both of the following:	22521

(a) All terms necessary to meet the requirements of "other	22522
arrangements" between a covered entity and a business associate	22523
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	22524

(b) If known, the date on which the protocol will terminate	22525
or expire.	22526

(2) In addition, a protocol may specify the extent to which	22527
each participating agency is responsible and accountable for	22528
completing the tasks necessary for successful completion of the	22529
initiative, including tasks relating to the following components	22530
of the initiative:	22531

(a) Workflow;

22532

(b) Funding;

22533

(c) Exchange of data or other information that is	22534
confidential pursuant to state or federal law.	22535

(F) An operating protocol adopted under division (D) of this	22536
section shall have the same force and effect as an interagency	22537
agreement or data sharing agreement, and each participating agency	22538
shall comply with it.	22539

~~(G) The director of job and family services shall determine~~	22540
~~whether a waiver of federal medicaid requirements or a medicaid~~	22541
~~state plan amendment is necessary to fulfill the requirements of~~	22542
~~this section. If the director determines a waiver or medicaid~~	22543
~~state plan amendment is necessary, the director shall apply to the~~	22544
~~United States secretary of health and human services for the~~	22545
~~waiver or amendment.~~	22546

Sec. 301.28. (A) As used in this section:

22547

(1) "Financial transaction device" includes a credit card,	22548
debit card, charge card, or prepaid or stored value card, or	22549
automated clearinghouse network credit, debit, or e-check entry	22550
that includes, but is not limited to, accounts receivable and	22551
internet-initiated, point of purchase, and telephone-initiated	22552
applications or any other device or method for making an	22553
electronic payment or transfer of funds.	22554

(2) "County expenses" includes fees, costs, taxes,	22555
assessments, fines, penalties, payments, or any other expense a	22556
person owes or otherwise pays to a county office under the	22557
authority of a county official, other than dog registration and	22558
kennel fees required to be paid under Chapter 955. of the Revised	22559
Code. "County expenses" includes payment to a county office of	22560
money confiscated during the commitment of an individual to a	22561
county jail, of bail, of money for a prisoner's inmate account,	22562
and of money for goods and services obtained by or for the use of	22563
an individual incarcerated by a county sheriff.	22564

(3) "County official" includes the county auditor, county	22565
treasurer, county engineer, county recorder, county prosecuting	22566
attorney, county sheriff, county coroner, county park district and	22567
board of county commissioners, the clerk of the probate court, the	22568
clerk of the juvenile court, the clerks of court for all divisions	22569
of the courts of common pleas, and the clerk of the court of	22570
common pleas, the clerk of a county-operated municipal court, and	22571
the clerk of a county court.	22572

The term "county expenses" includes county expenses owed to	22573
the board of health of the general health district or a combined	22574
health district in the county. If the board of county	22575
commissioners authorizes county expenses to be paid by financial	22576
transaction devices under this section, then the board of health	22577
and the general health district and the combined health district	22578
may accept payments by financial transaction devices under this	22579
section as if the board were a "county official" and the district	22580
were a county office. However, in the case of a general health	22581
district formed by unification of general health districts under	22582
section 3709.10 of the Revised Code, this entitlement applies only	22583
if all the boards of county commissioners of all counties in the	22584
district have authorized payments to be accepted by financial	22585
transaction devices.	22586

(B) Notwithstanding any other section of the Revised Code and	22587
except as provided in division (D) of this section, a board of	22588
county commissioners may adopt a resolution authorizing the	22589
acceptance of payments by financial transaction devices for county	22590
expenses. The resolution shall include the following:	22591

(1) A specification of those county officials who, and of the	22592
county offices under those county officials that, are authorized	22593
to accept payments by financial transaction devices;	22594

(2) A list of county expenses that may be paid for through	22595
the use of a financial transaction device;	22596

(3) Specific identification of financial transaction devices	22597
that the board authorizes as acceptable means of payment for	22598
county expenses. Uniform acceptance of financial transaction	22599
devices among different types of county expenses is not required.	22600

(4) The amount, if any, authorized as a surcharge or	22601
convenience fee under division (E) of this section for persons	22602
using a financial transaction device. Uniform application of	22603
surcharges or convenience fees among different types of county	22604
expenses is not required.	22605

(5) A specific provision as provided in division (G) of this	22606
section requiring the payment of a penalty if a payment made by	22607
means of a financial transaction device is returned or dishonored	22608
for any reason.	22609

The board's resolution shall also designate the county	22610
treasurer as an administrative agent to solicit proposals, within	22611
guidelines established by the board in the resolution and in	22612
compliance with the procedures provided in division (C) of this	22613
section, from financial institutions, issuers of financial	22614
transaction devices, and processors of financial transaction	22615
devices, to make recommendations about those proposals to the	22616
board, and to assist county offices in implementing the county's	22617
financial transaction devices program. The county treasurer may	22618
decline this responsibility within thirty days after receiving a	22619
copy of the board's resolution by notifying the board in writing	22620
within that period. If the treasurer so notifies the board, the	22621
board shall perform the duties of the administrative agent.	22622

If the county treasurer is the administrative agent and fails	22623
to administer the county financial transaction devices program in	22624
accordance with the guidelines in the board's resolution, the	22625
board shall notify the treasurer in writing of the board's	22626
findings, explain the failures, and give the treasurer six months	22627
to correct the failures. If the treasurer fails to make the	22628
appropriate corrections within that six-month period, the board	22629
may pass a resolution declaring the board to be the administrative	22630
agent. The board may later rescind that resolution at its	22631
discretion.	22632

(C) The county shall follow the procedures provided in this	22633
division whenever it plans to contract with financial	22634
institutions, issuers of financial transaction devices, or	22635
processors of financial transaction devices for the purposes of	22636
this section. The administrative agent shall request proposals	22637
from at least three financial institutions, issuers of financial	22638
transaction devices, or processors of financial transaction	22639
devices, as appropriate in accordance with the resolution adopted	22640
under division (B) of this section. Prior to sending any financial	22641
institution, issuer, or processor a copy of any such request, the	22642
county shall advertise its intent to request proposals in a	22643
newspaper of general circulation in the county once a week for two	22644
consecutive weeks or as provided in section 7.16 of the Revised	22645
Code. The notice shall state that the county intends to request	22646
proposals; specify the purpose of the request; indicate the date,	22647
which shall be at least ten days after the second publication, on	22648
which the request for proposals will be mailed to financial	22649
institutions, issuers, or processors; and require that any	22650
financial institution, issuer, or processor, whichever is	22651
appropriate, interested in receiving the request for proposals	22652
submit written notice of this interest to the county not later	22653
than noon of the day on which the request for proposals will be	22654
mailed.	22655

Upon receiving the proposals, the administrative agent shall	22656
review them and make a recommendation to the board of county	22657
commissioners on which proposals to accept. The board of county	22658
commissioners shall consider the agent's recommendation and review	22659
all proposals submitted, and then may choose to contract with any	22660
or all of the entities submitting proposals, as appropriate. The	22661
board shall provide any financial institution, issuer, or	22662
processor that submitted a proposal, but with which the board does	22663
not enter into a contract, notice that its proposal is rejected.	22664
The notice shall state the reasons for the rejection, indicate	22665
whose proposals were accepted, and provide a copy of the terms and	22666
conditions of the successful bids.	22667

(D) A board of county commissioners adopting a resolution	22668
under this section shall send a copy of the resolution to each	22669
county official in the county who is authorized by the resolution	22670
to accept payments by financial transaction devices. After	22671
receiving the resolution and before accepting payments by	22672
financial transaction devices, a county official shall provide	22673
written notification to the board of county commissioners of the	22674
official's intent to implement the resolution within the	22675
official's office. Each county office subject to the board's	22676
resolution adopted under division (B) of this section may use only	22677
the financial institutions, issuers of financial transaction	22678
devices, and processors of financial transaction devices with	22679
which the board of county commissioners contracts, and each such	22680
office is subject to the terms of those contracts.	22681

If a county office under the authority of a county official	22682
is directly responsible for collecting one or more county expenses	22683
and the county official determines not to accept payments by	22684
financial transaction devices for one or more of those expenses,	22685
the office shall not be required to accept payments by financial	22686
transaction devices, notwithstanding the adoption of a resolution	22687
by the board of county commissioners under this section.	22688

Any office of a clerk of the court of common pleas that	22689
accepts financial transaction devices on or before July 1, 1999,	22690
and any other county office that accepted such devices before	22691
January 1, 1998, may continue to accept such devices without being	22692
subject to any resolution passed by the board of county	22693
commissioners under division (B) of this section, or any other	22694
oversight by the board of the office's financial transaction	22695
devices program. Any such office may use surcharges or convenience	22696
fees in any manner the county official in charge of the office	22697
determines to be appropriate, and, if the county treasurer	22698
consents, may appoint the county treasurer to be the office's	22699
administrative agent for purposes of accepting financial	22700
transaction devices. In order not to be subject to the resolution	22701
of the board of county commissioners adopted under division (B) of	22702
this section, a county office shall notify the board in writing	22703
within thirty days after March 30, 1999, that it accepted	22704
financial transaction devices prior to January 1, 1998, or, in the	22705
case of the office of a clerk of the court of common pleas, the	22706
clerk has accepted or will accept such devices on or before July	22707
1, 1999. Each such notification shall explain how processing costs	22708
associated with financial transaction devices are being paid and	22709
shall indicate whether surcharge or convenience fees are being	22710
passed on to consumers.	22711

(E) A board of county commissioners may establish a surcharge	22712
or convenience fee that may be imposed upon a person making	22713
payment by a financial transaction device. The surcharge or	22714
convenience fee shall not be imposed unless authorized or	22715
otherwise permitted by the rules prescribed by an agreement	22716
governing the use and acceptance of the financial transaction	22717
device.	22718

If a surcharge or convenience fee is imposed, every county	22719
office accepting payment by a financial transaction device,	22720
regardless of whether that office is subject to a resolution	22721
adopted by a board of county commissioners, shall clearly post a	22722
notice in that office and shall notify each person making a	22723
payment by such a device about the surcharge or fee. Notice to	22724
each person making a payment shall be provided regardless of the	22725
medium used to make the payment and in a manner appropriate to	22726
that medium. Each notice shall include all of the following:	22727

(1) A statement that there is a surcharge or convenience fee	22728
for using a financial transaction device;	22729

(2) The total amount of the charge or fee expressed in	22730
dollars and cents for each transaction, or the rate of the charge	22731
or fee expressed as a percentage of the total amount of the	22732
transaction, whichever is applicable;	22733

(3) A clear statement that the surcharge or convenience fee	22734
is nonrefundable.	22735

(F) If a person elects to make a payment to the county by a	22736
financial transaction device and a surcharge or convenience fee is	22737
imposed, the payment of the surcharge or fee shall be considered	22738
voluntary and the surcharge or fee is not refundable.	22739

(G) If a person makes payment by financial transaction device	22740
and the payment is returned or dishonored for any reason, the	22741
person is liable to the county for payment of a penalty over and	22742
above the amount of the expense due. The board of county	22743
commissioners shall determine the amount of the penalty, which may	22744
be either a fee not to exceed twenty dollars or payment of the	22745
amount necessary to reimburse the county for banking charges,	22746
legal fees, or other expenses incurred by the county in collecting	22747
the returned or dishonored payment. The remedies and procedures	22748
provided in this section are in addition to any other available	22749
civil or criminal remedies provided by law.	22750

(H) No person making any payment by financial transaction	22751
device to a county office shall be relieved from liability for the	22752
underlying obligation except to the extent that the county	22753
realizes final payment of the underlying obligation in cash or its	22754
equivalent. If final payment is not made by the financial	22755
transaction device issuer or other guarantor of payment in the	22756
transaction, the underlying obligation shall survive and the	22757
county shall retain all remedies for enforcement that would have	22758
applied if the transaction had not occurred.	22759

(I) A county official or employee who accepts a financial	22760
transaction device payment in accordance with this section and any	22761
applicable state or local policies or rules is immune from	22762
personal liability for the final collection of such payments.	22763

Sec. 305.23. (A) As used in this section:

22764

(1) "County office" means the offices of the county	22765
commissioner, county auditor, county treasurer, county engineer,	22766
county recorder, county prosecuting attorney, county sheriff,	22767
county coroner, county park district, veterans service commission,	22768
clerk of the juvenile court, clerks of court for all divisions of	22769
the courts of common pleas, including the clerk of the court of	22770
common pleas, clerk of a county-operated municipal court, and	22771
clerk of a county court, and any agency, department, or division	22772
under the authority of, or receiving funding in whole or in part	22773
from, any of those county offices.	22774

(2) "Human resources" means any and all functions relating to	22775
human resource management, including civil service, employee	22776
benefits administration, collective bargaining, labor relations,	22777
risk management, workers' compensation, unemployment compensation,	22778
and any human resource management function required by state or	22779
federal law, but "human resources" does not authorize a board of	22780
county commissioners to adopt a resolution establishing a	22781
centralized human resource service that requires any county office	22782
to conform to any classification and compensation plan, position	22783
descriptions, or organizational structure; to determine the rate	22784
of compensation of any employee appointed by the appointing	22785
authority of a county office or the salary ranges for positions of	22786
a county office within the aggregate limits set in the	22787
appropriation resolution of the board of county commissioners; to	22788
determine the number of or the terms of employment of any employee	22789
appointed by the appointing authority of a county office within	22790
the aggregate limits set in the board's appropriation resolution;	22791
or to exercise powers relating to the hiring, qualifications,	22792
evaluation, suspension, demotion, disciplinary action, layoff,	22793
furloughing, establishment of a modified work-week schedule, or	22794
the termination of any employee appointed by the appointing	22795
authority of any county office.	22796

(B) Subject to division (C) of this section, a board of	22797
county commissioners may adopt a resolution establishing	22798
centralized purchasing, printing, transportation, vehicle	22799
maintenance, human resources, revenue collection, and mail	22800
operation services for a county office. Before adopting a	22801
resolution under this section, the board of county commissioners,	22802
in a written notice, shall inform any other county office that	22803
will be impacted by the resolution of the board's desire to	22804
establish a centralized service or services. The written notice	22805
shall include a statement that provides the rationale and the	22806
estimated savings anticipated for centralizing a service or	22807
services. In addition, the board may request any other county	22808
office to serve as the agent and responsible party for	22809
administering a centralized service or services. That county	22810
office may enter into an agreement with the board of county	22811
commissioners to administer the centralized service or services	22812
under such terms and conditions as are included in the agreement,	22813
but nothing in this section authorizes the board of county	22814
commissioners to require a county office to serve as the agent and	22815
responsible party for administering a centralized service or	22816
services at the board's request.	22817

A resolution establishing a centralized service or services	22818
shall specify all of the following:	22819

(1) The name of the county office that will be the agent and	22820
responsible party for administering a centralized service or	22821
services, and if the agent and responsible party is not the board	22822
of county commissioners, the designation of the county office that	22823
has entered into an agreement under division (B) of this section	22824
with the board to be the agent and responsible party;	22825

(2) Which county offices are required to use the centralized	22826
services;	22827

(3) If not all of the centralized services, which centralized	22828
service each county office must use;	22829

(4) A list of rates and charges the county office shall pay	22830
for the centralized services;	22831

(5) The date upon which each county office specified in the	22832
resolution shall begin using the centralized services.	22833

Not later than ten days after a resolution is adopted under	22834
this section, the clerk of the board of county commissioners shall	22835
send a copy of the resolution to each county office that is	22836
specified in the resolution.	22837

(C) A board of county commissioners shall not adopt a	22838
resolution that establishes a centralized service or services	22839
regarding any of the following:	22840

(1) Purchases made for contract services with moneys from the	22841
~~special fund designated as "general~~county recorder's technology	22842
fund ~~moneys to supplement the equipment needs of the county~~	22843
~~recorder"~~established under section 317.321 of the Revised Code or	22844
from the funds that are paid out of the general fund of the county	22845
under sections 325.071 and 325.12 of the Revised Code;	22846

(2) Purchases made with moneys from the real estate	22847
assessment fund established under section 325.31 of the Revised	22848
Code;	22849

(3) Purchases of financial software used by the county	22850
auditor;	22851

(4) The printing of county property tax bills;

22852

(5) The collection of any taxes, assessments, and fees the	22853
county treasurer is required by law to collect;	22854

(6) Purchases of software used by the county recorder.

22855

(D) Nothing in this section authorizes the board of county	22856
commissioners to have control or authority over funds that are	22857
received directly by a county office under another section of the	22858
Revised Code, or to control, or have authority regarding, the	22859
expenditure or use of such funds.	22860

Sec. 306.35. Upon the creation of a regional transit	22861
authority as provided by section 306.32 of the Revised Code, and	22862
upon the qualifying of its board of trustees and the election of a	22863
president and a vice-president, the authority shall exercise in	22864
its own name all the rights, powers, and duties vested in and	22865
conferred upon it by sections 306.30 to 306.53 of the Revised	22866
Code. Subject to any reservations, limitations, and qualifications	22867
that are set forth in those sections, the regional transit	22868
authority:	22869

(A) May sue or be sued in its corporate name;

22870

(B) May make contracts in the exercise of the rights, powers,	22871
and duties conferred upon it;	22872

(C) May adopt and at will alter a seal and use such seal by	22873
causing it to be impressed, affixed, reproduced, or otherwise	22874
used, but failure to affix the seal shall not affect the validity	22875
of any instrument;	22876

(D)(1) May adopt, amend, and repeal bylaws for the	22877
administration of its affairs and rules for the control of the	22878
administration and operation of transit facilities under its	22879
jurisdiction, and for the exercise of all of its rights of	22880
ownership in those transit facilities;	22881

(2) The regional transit authority also may adopt bylaws and	22882
rules for the following purposes:	22883

(a) To prohibit selling, giving away, or using any beer or	22884
intoxicating liquor on transit vehicles or transit property;	22885

(b) For the preservation of good order within or on transit	22886
vehicles or transit property;	22887

(c) To provide for the protection and preservation of all	22888
property and life within or on transit vehicles or transit	22889
property;	22890

(d) To regulate and enforce the collection of fares.

22891

(3) Before a bylaw or rule adopted under division (D)(2) of	22892
this section takes effect, the regional transit authority shall	22893
provide for a notice of its adoption to be published once a week	22894
for two consecutive weeks in a newspaper of general circulation	22895
within the territorial boundaries of the regional transit	22896
authority, or as provided in section 7.16 of the Revised Code.	22897

(4) No person shall violate any bylaw or rule of a regional	22898
transit authority adopted under division (D)(2) of this section.	22899

(E) May fix, alter, and collect fares, rates, and rentals and	22900
other charges for the use of transit facilities under its	22901
jurisdiction to be determined exclusively by it for the purpose of	22902
providing for the payment of the expenses of the regional transit	22903
authority, the acquisition, construction, improvement, extension,	22904
repair, maintenance, and operation of transit facilities under its	22905
jurisdiction, the payment of principal and interest on its	22906
obligations, and to fulfill the terms of any agreements made with	22907
purchasers or holders of any such obligations, or with any person	22908
or political subdivision;	22909

(F) Shall have jurisdiction, control, possession, and	22910
supervision of all property, rights, easements, licenses, moneys,	22911
contracts, accounts, liens, books, records, maps, or other	22912
property rights and interests conveyed, delivered, transferred, or	22913
assigned to it;	22914

(G)(1) Except as provided in division (G)(2) of this section,	22915
may acquire, construct, improve, extend, repair, lease, operate,	22916
maintain, or manage transit facilities within or without its	22917
territorial boundaries, considered necessary to accomplish the	22918
purposes of its organization and make charges for the use of	22919
transit facilities.	22920

(2) ~~Beginning on July 1, 2011, a~~A regional transit authority	22921
shall not ~~extend its service or facilities into a political~~	22922
~~subdivision~~acquire, construct, improve, extend, repair, lease,	22923
operate, maintain, or manage transit facilities outside ~~the~~its	22924
territorial boundaries ~~of the authority without giving prior~~	22925
until:	22926

(a) It has provided written notice of its proposed action to	22927
the legislative authority of ~~the~~any political subdivision~~. The~~	22928
~~legislative authority shall have thirty days after receiving the~~	22929
~~notice to comment on the proposal~~in which the action of the	22930
regional transit authority is proposed to take place; and	22931

(b) It has received from each such affected political	22932
subdivision an agreement containing the terms and conditions for	22933
the regional transit authority action.	22934

(H) May levy and collect taxes as provided in sections 306.40	22935
and 306.49 of the Revised Code;	22936

(I) May issue bonds secured by its general credit as provided	22937
in section 306.40 of the Revised Code;	22938

(J) May hold, encumber, control, acquire by donation, by	22939
purchase for cash or by installment payments, by lease-purchase	22940
agreement, by lease with option to purchase, or by condemnation,	22941
and may construct, own, lease as lessee or lessor, use, and sell,	22942
real and personal property, or any interest or right in real and	22943
personal property, within or without its territorial boundaries,	22944
for the location or protection of transit facilities and	22945
improvements and access to transit facilities and improvements,	22946
the relocation of buildings, structures, and improvements situated	22947
on lands acquired by the regional transit authority, or for any	22948
other necessary purpose, or for obtaining or storing materials to	22949
be used in constructing, maintaining, and improving transit	22950
facilities under its jurisdiction;	22951

(K) May exercise the power of eminent domain to acquire	22952
property or any interest in property, within or without its	22953
territorial boundaries, that is necessary or proper for the	22954
construction or efficient operation of any transit facility or	22955
access to any transit facility under its jurisdiction in	22956
accordance with section 306.36 of the Revised Code;	22957

(L) May provide by agreement with any county, including the	22958
counties within its territorial boundaries, or any municipal	22959
corporation or any combination of counties or municipal	22960
corporations for the making of necessary surveys, appraisals, and	22961
examinations preliminary to the acquisition or construction of any	22962
transit facility and the amount of the expense for the surveys,	22963
appraisals, and examinations to be paid by each such county or	22964
municipal corporation;	22965

(M) May provide by agreement with any county, including the	22966
counties within its territorial boundaries, or any municipal	22967
corporation or any combination of those counties or municipal	22968
corporations for the acquisition, construction, improvement,	22969
extension, maintenance, or operation of any transit facility owned	22970
or to be owned and operated by it or owned or to be owned and	22971
operated by any such county or municipal corporation and the terms	22972
on which it shall be acquired, leased, constructed, maintained, or	22973
operated, and the amount of the cost and expense of the	22974
acquisition, lease, construction, maintenance, or operation to be	22975
paid by each such county or municipal corporation;	22976

(N) May issue revenue bonds for the purpose of acquiring,	22977
replacing, improving, extending, enlarging, or constructing any	22978
facility or permanent improvement that it is authorized to	22979
acquire, replace, improve, extend, enlarge, or construct,	22980
including all costs in connection with and incidental to the	22981
acquisition, replacement, improvement, extension, enlargement, or	22982
construction, and their financing, as provided by section 306.37	22983
of the Revised Code;	22984

(O) May enter into and supervise franchise agreements for the	22985
operation of a transit system;	22986

(P) May accept the assignment of and supervise an existing	22987
franchise agreement for the operation of a transit system;	22988

(Q) May exercise a right to purchase a transit system in	22989
accordance with the acquisition terms of an existing franchise	22990
agreement; and in connection with the purchase the regional	22991
transit authority may issue revenue bonds as provided by section	22992
306.37 of the Revised Code or issue bonds secured by its general	22993
credit as provided in section 306.40 of the Revised Code;	22994

(R) May apply for and accept grants or loans from the United	22995
States, the state, or any other public body for the purpose of	22996
providing for the development or improvement of transit	22997
facilities, mass transportation facilities, equipment, techniques,	22998
methods, or services, and grants or loans needed to exercise a	22999
right to purchase a transit system pursuant to agreement with the	23000
owner of those transit facilities, or for providing lawful	23001
financial assistance to existing transit systems; and may provide	23002
any consideration that may be required in order to obtain those	23003
grants or loans from the United States, the state, or other public	23004
body, either of which grants or loans may be evidenced by the	23005
issuance of revenue bonds as provided by section 306.37 of the	23006
Revised Code or general obligation bonds as provided by section	23007
306.40 of the Revised Code;	23008

(S) May employ and fix the compensation of consulting	23009
engineers, superintendents, managers, and such other engineering,	23010
construction, accounting and financial experts, attorneys, and	23011
other employees and agents necessary for the accomplishment of its	23012
purposes;	23013

(T) May procure insurance against loss to it by reason of	23014
damages to its properties resulting from fire, theft, accident, or	23015
other casualties or by reason of its liability for any damages to	23016
persons or property occurring in the construction or operation of	23017
transit facilities under its jurisdiction or the conduct of its	23018
activities;	23019

(U) May maintain funds that it considers necessary for the	23020
efficient performance of its duties;	23021

(V) May direct its agents or employees, when properly	23022
identified in writing, after at least five days' written notice,	23023
to enter upon lands within or without its territorial boundaries	23024
in order to make surveys and examinations preliminary to the	23025
location and construction of transit facilities, without liability	23026
to it or its agents or employees except for actual damage done;	23027

(W) On its own motion, may request the appropriate zoning	23028
board, as defined in section 4563.03 of the Revised Code, to	23029
establish and enforce zoning regulations pertaining to any transit	23030
facility under its jurisdiction in the manner prescribed by	23031
sections 4563.01 to 4563.21 of the Revised Code;	23032

(X) If it acquires any existing transit system, shall assume	23033
all the employer's obligations under any existing labor contract	23034
between the employees and management of the system. If the board	23035
acquires, constructs, controls, or operates any such facilities,	23036
it shall negotiate arrangements to protect the interests of	23037
employees affected by the acquisition, construction, control, or	23038
operation. The arrangements shall include, but are not limited to:	23039

(1) The preservation of rights, privileges, and benefits	23040
under existing collective bargaining agreements or otherwise, the	23041
preservation of rights and benefits under any existing pension	23042
plans covering prior service, and continued participation in	23043
social security in addition to participation in the public	23044
employees retirement system as required in Chapter 145. of the	23045
Revised Code;	23046

(2) The continuation of collective bargaining rights;

23047

(3) The protection of individual employees against a	23048
worsening of their positions with respect to their employment;	23049

(4) Assurances of employment to employees of those transit	23050
systems and priority reemployment of employees terminated or laid	23051
off;	23052

(5) Paid training or retraining programs;

23053

(6) Signed written labor agreements.

23054

The arrangements may include provisions for the submission of	23055
labor disputes to final and binding arbitration.	23056

(Y) May provide for and maintain security operations,	23057
including a transit police department, subject to section 306.352	23058
of the Revised Code. Regional transit authority police officers	23059
shall have the power and duty to act as peace officers within	23060
transit facilities owned, operated, or leased by the transit	23061
authority to protect the transit authority's property and the	23062
person and property of passengers, to preserve the peace, and to	23063
enforce all laws of the state and ordinances and regulations of	23064
political subdivisions in which the transit authority operates.	23065
Regional transit authority police officers also shall have the	23066
power and duty to act as peace officers when they render emergency	23067
assistance outside their jurisdiction to any other peace officer	23068
who is not a regional transit authority police officer and who has	23069
arrest authority under section 2935.03 of the Revised Code.	23070
Regional transit authority police officers may render emergency	23071
assistance if there is a threat of imminent physical danger to the	23072
peace officer, a threat of physical harm to another person, or any	23073
other serious emergency situation and if either the peace officer	23074
who is assisted requests emergency assistance or it appears that	23075
the peace officer who is assisted is unable to request emergency	23076
assistance and the circumstances observed by the regional transit	23077
authority police officer reasonably indicate that emergency	23078
assistance is appropriate.	23079

Before exercising powers of arrest and the other powers and	23080
duties of a peace officer, each regional transit authority police	23081
officer shall take an oath and give bond to the state in a sum	23082
that the board of trustees prescribes for the proper performance	23083
of the officer's duties.	23084

Persons employed as regional transit authority police	23085
officers shall complete training for the position to which they	23086
have been appointed as required by the Ohio peace officer training	23087
commission as authorized in section 109.77 of the Revised Code, or	23088
be otherwise qualified. The cost of the training shall be provided	23089
by the regional transit authority.	23090

(Z) May procure a policy or policies insuring members of its	23091
board of trustees against liability on account of damages or	23092
injury to persons and property resulting from any act or omission	23093
of a member in the member's official capacity as a member of the	23094
board or resulting solely out of the member's membership on the	23095
board;	23096

(AA) May enter into any agreement for the sale and leaseback	23097
or lease and leaseback of transit facilities, which agreement may	23098
contain all necessary covenants for the security and protection of	23099
any lessor or the regional transit authority including, but not	23100
limited to, indemnification of the lessor against the loss of	23101
anticipated tax benefits arising from acts, omissions, or	23102
misrepresentations of the regional transit authority. In	23103
connection with that transaction, the regional transit authority	23104
may contract for insurance and letters of credit and pay any	23105
premiums or other charges for the insurance and letters of credit.	23106
The fiscal officer shall not be required to furnish any	23107
certificate under section 5705.41 of the Revised Code in	23108
connection with the execution of any such agreement.	23109

(BB) In regard to any contract entered into on or after March	23110
19, 1993, for the rendering of services or the supplying of	23111
materials or for the construction, demolition, alteration, repair,	23112
or reconstruction of transit facilities in which a bond is	23113
required for the faithful performance of the contract, may permit	23114
the person awarded the contract to utilize a letter of credit	23115
issued by a bank or other financial institution in lieu of the	23116
bond;	23117

(CC) May enter into agreements with municipal corporations	23118
located within the territorial jurisdiction of the regional	23119
transit authority permitting regional transit authority police	23120
officers employed under division (Y) of this section to exercise	23121
full arrest powers, as provided in section 2935.03 of the Revised	23122
Code, for the purpose of preserving the peace and enforcing all	23123
laws of the state and ordinances and regulations of the municipal	23124
corporation within the areas that may be agreed to by the regional	23125
transit authority and the municipal corporation.	23126

Sec. 307.07. (A) The board of county commissioners, by	23127
resolution, may create an office of economic development, to	23128
develop and promote plans and programs designed to assure that	23129
county resources are efficiently used, economic growth is properly	23130
balanced, and that county economic development is coordinated with	23131
that of the state and other local governments. For this purpose,	23132
the board may appropriate moneys from the county general fund, or,	23133
pursuant to section 307.64 of the Revised Code, moneys derived	23134
from a tax levied pursuant to division (EE) of section 5705.19 of	23135
the Revised Code, for the creation and operation of the office	23136
for, any economic development purpose of the office, and to	23137
provide for the establishment and operation of a program of	23138
economic development, including in support of a county land	23139
reutilization corporation organized under Chapter 1724. of the	23140
Revised Code. The board may hire a director of economic	23141
development, who shall be a member of the unclassified civil	23142
service, and fix the director's compensation; or may do any of the	23143
following:	23144

(1) Enter into an agreement with a county planning commission	23145
within the county, created under section 713.22 of the Revised	23146
Code, or a regional planning commission, created under section	23147
713.21 of the Revised Code, regardless of whether the county is a	23148
member of the commission, to carry out all of the functions and	23149
duties of a director of economic development under division (B) of	23150
this section. Any agreement shall set forth the procedure by which	23151
the county or regional planning commission shall gain the approval	23152
of the board of county commissioners for any actions, functions,	23153
and duties under division (B) of this section. Any agreement may	23154
continue in effect for a period of one to three years and may be	23155
renewed with the consent of all parties. The civil service status	23156
of planning commission staff shall not be affected by any	23157
agreement under this division.	23158

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	23159
extension ~~service~~, providing for the use of employees hired by the	23160
Ohio state university under section 3335.36 of the Revised Code to	23161
carry out all of the functions and duties of a director of	23162
economic development under division (B) of this section. Any	23163
agreement shall set forth the procedure by which ~~the Ohio~~	23164
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	23165
board of county commissioners for any actions, functions, and	23166
duties under division (B) of this section. Any agreement may	23167
continue in effect for a period of one to three years and may be	23168
renewed with the consent of all parties. The employment	23169
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	23170
shall not be affected by any agreement under this division.	23171

Any moneys appropriated by the board of county commissioners	23172
to execute an agreement for the provision of services pursuant to	23173
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	23174
be paid to the Ohio state university to the credit of the ~~Ohio~~	23175
~~cooperative~~OSU extension ~~service~~ fund created under section	23176
3335.35 of the Revised Code.	23177

(3) Enter into an agreement with a public or private	23178
nonprofit organization to carry out all of the functions and	23179
duties of a director of economic development under division (B) of	23180
this section. The agreement shall set forth the procedure by which	23181
the nonprofit organization shall gain the approval of the board of	23182
county commissioners for any actions, functions, and duties under	23183
that division. The agreement may continue in effect for a period	23184
of one to three years and may be renewed with the consent of all	23185
parties. The employment classification of the nonprofit	23186
organization's employees shall not be affected by an agreement	23187
under this division.	23188

(B) The director of economic development may:

23189

(1) With the approval of the board, hire such staff and	23190
employ such technical and advisory personnel as the director sees	23191
fit to enable the director to carry out the functions and duties	23192
of the office;	23193

(2) With the approval of the board, contract for services	23194
necessary to enable the director to carry out the functions and	23195
duties of the office;	23196

(3) With the approval of the board, enter into agreements	23197
with federal, state, and local governments and agencies thereof,	23198
and with public, private, or nonprofit organizations to carry out	23199
the functions and duties of the office;	23200

(4) Maintain membership in development organizations;

23201

(5) With the approval of the board, make loans or grants and	23202
provide other forms of financial assistance for the purpose of	23203
economic development, including financial assistance for permanent	23204
public improvements, in compliance with applicable laws of this	23205
state, and fix the rate of interest and charges to be made for	23206
such financial assistance;	23207

(6) With the approval of the board, receive and accept	23208
grants, gifts, and contributions of money, property, labor, and	23209
other things of value, to be held, used, and applied only for the	23210
purpose for which they are made, from individuals, private and	23211
public corporations, the United States government or any agency	23212
thereof, from the state or any agency thereof, or from any	23213
political subdivision or any agency thereof, and may agree to	23214
repay any contribution of money or return any property contributed	23215
or the value thereof in amounts, and on terms and conditions,	23216
excluding the payment of interest, as the director determines, and	23217
may evidence the obligations by written evidence;	23218

(7) Establish with the board any funds that are necessary for	23219
the deposit and disbursement of gifts or contributions of money	23220
accepted for economic development purposes;	23221

(8) With the approval of the board, design, implement,	23222
monitor, oversee, and evaluate economic development plans,	23223
programs, strategies, and policies;	23224

(9) Purchase real property to convey to a county land	23225
reutilization corporation to be used in accordance with its public	23226
purposes;	23227

(10) Perform all acts necessary to fulfill the functions and	23228
duties of the office.	23229

(C) The boards of county commissioners of two or more	23230
counties, by resolution, may create a joint office of economic	23231
development for the purposes set forth in division (A) of this	23232
section. The counties participating in a joint office of economic	23233
development shall enter into an agreement that sets forth the	23234
contribution of funds, services, and property to the joint office	23235
from each participating county; establishes the person, public	23236
agency, or nonprofit organization that shall carry out the	23237
functions and duties of the office; and discloses any other terms	23238
by which the joint office shall operate.	23239

The boards of county commissioners of counties participating	23240
in a joint office of economic development may appropriate moneys	23241
from their respective county general funds, or, pursuant to	23242
section 307.64 of the Revised Code, moneys derived from a tax	23243
levied pursuant to division (EE) of section 5705.19 of the Revised	23244
Code, for the creation and operation of the joint office, for any	23245
economic development purpose of the office, and to provide for the	23246
establishment and operation of a program of economic development.	23247
The participating counties may hire a director of economic	23248
development for the joint office or enter into an agreement with a	23249
public agency or nonprofit organization in a manner set forth in	23250
division (A) of this section to carry out the functions and duties	23251
set forth in division (B) of this section.	23252

Any agreement establishing a joint office of economic	23253
development shall set forth the procedure by which the person,	23254
public agency, or nonprofit organization carrying out the	23255
functions and duties of the office shall gain the approval of the	23256
participating boards of county commissioners for any actions,	23257
functions, and duties under division (B) of this section.	23258

(D) As used in this section, "economic development" has the	23259
same meaning as in section 307.64 of the Revised Code.	23260

Sec. 307.674. (A) As used in this section:

23261

(1) "Bonds" means:

23262

(a) Revenue bonds of the port authority described in division	23263
(B)(2)(a) of this section;	23264

(b) Securities as defined in division (KK) of section 133.01	23265
of the Revised Code issued by the host municipal corporation,	23266
described in division (B)(3)(a) of this section;	23267

(c) Any bonds issued to refund any of those revenue bonds or	23268
securities.	23269

(2) "Corporation" means a nonprofit corporation that is	23270
organized under the laws of this state and that includes within	23271
the purposes for which it is incorporated the authorization to	23272
lease and operate facilities such as a port authority educational	23273
and cultural performing arts facility.	23274

(3) "Cost," as applied to a port authority educational and	23275
cultural performing arts facility, means the cost of acquiring,	23276
constructing, renovating, rehabilitating, equipping, or improving	23277
the facility, or any combination of those purposes, collectively	23278
referred to in this section as "construction," and the cost of	23279
acquisition of all land, rights of way, property rights,	23280
easements, franchise rights, and interests required for those	23281
purposes, the cost of demolishing or removing any buildings or	23282
structures on land so acquired, including the cost of acquiring	23283
any land to which those buildings or structures may be moved, the	23284
cost of public utility and common carrier relocation or	23285
duplication, the cost of all machinery, furnishings, and	23286
equipment, financing charges, interest prior to and during	23287
construction and for not more than three years after completion of	23288
construction, costs arising under guaranty agreements,	23289
reimbursement agreements, or other credit enhancement agreements	23290
relating to bonds, engineering, expenses of research and	23291
development with respect to such facility, legal expenses, plans,	23292
specifications, surveys, studies, estimates of costs and revenues,	23293
other expenses necessary or incident to determining the	23294
feasibility or practicability of acquiring or constructing the	23295
facility, administrative expense, and other expenses as may be	23296
necessary or incident to that acquisition or construction and the	23297
financing of such acquisition or construction, including, with	23298
respect to the revenue bonds of a port authority, amounts to be	23299
paid into any special funds from the proceeds of those bonds, and	23300
repayments to the port authority, host county, host municipal	23301
corporation, or corporation of any amounts advanced for the	23302
foregoing purposes.	23303

(4) "Debt service charges" means, for any period or payable	23304
at any time, the principal of and interest and any premium due on	23305
bonds for that period or payable at that time whether due at	23306
maturity or upon mandatory redemption, together with any required	23307
deposits to reserves for the payment of principal of and interest	23308
on those bonds, and includes any payments required by the port	23309
authority to satisfy any of its obligations under or arising from	23310
any guaranty agreements, reimbursement agreements, or other credit	23311
enhancement agreements described in division (C) of this section.	23312

(5) "Host county" means the county within the boundaries of	23313
which the port authority educational and cultural performing arts	23314
facility is or will be located.	23315

(6) "Host municipal corporation" means the municipal	23316
corporation within the boundaries of which the port authority	23317
educational and cultural performing arts facility is or will be	23318
located.	23319

(7) "Port authority" means a port authority created pursuant	23320
to section 4582.22 of the Revised Code.	23321

(8) "Port authority educational and cultural performing arts	23322
facility" means a facility that consists of a center for music or	23323
other performing arts, a theater or other facilities to provide	23324
programs of an educational, recreational, or cultural nature, or	23325
any combination of those purposes as determined by the parties to	23326
the cooperative agreement for which provision is made in division	23327
(B) of this section to fulfill the public educational,	23328
recreational, and cultural purposes set forth therein, together	23329
with all parking facilities, walkways, and other auxiliary	23330
facilities, real and personal property, property rights,	23331
easements, and interests that may be appropriate for, or used in	23332
connection with, the operation of the facility.	23333

(B) A host county, a host municipal corporation, and a port	23334
authority may enter into a cooperative agreement with a	23335
corporation under which, as further provided for in that	23336
agreement:	23337

(1) The host county may agree to do any or all of the	23338
following:	23339

(a) Levy and collect a tax under division (E) and division	23340
(F) of section 5739.09 of the Revised Code for the purposes, and	23341
in an amount sufficient for those purposes, described in divisions	23342
(B)(1)(b) and (c) of this section;	23343

(b) Pay to the port authority all or such portion as provided	23344
for in the cooperative agreement of the revenue from the tax,	23345
together with any investment earnings on that revenue, to be used	23346
to pay a portion of the costs of acquiring, constructing,	23347
renovating, rehabilitating, equipping, or improving the port	23348
authority educational and cultural performing arts facility;	23349

(c) Pledge and pay to the corporation all or such portion as	23350
provided for in the cooperative agreement of the revenue from the	23351
tax, together with any investment earnings on that revenue, to be	23352
used to pay a portion of the costs to the corporation of leasing	23353
the port authority educational and cultural performing arts	23354
facility from the port authority.	23355

(2) The port authority may agree to do any or all of the	23356
following:	23357

(a) Issue its revenue bonds pursuant to section 4582.48 of	23358
the Revised Code for the purpose of paying all or a portion of the	23359
costs of the port authority educational and cultural performing	23360
arts facility;	23361

(b) Acquire, construct, renovate, rehabilitate, equip, and	23362
improve the port authority educational and cultural performing	23363
arts facility;	23364

(c) Lease the port authority educational and cultural	23365
performing arts facility to the corporation;	23366

(d) To the extent provided for in the cooperative agreement	23367
or the lease to the corporation, authorize the corporation to	23368
administer on behalf of the port authority the contracts for	23369
acquiring, constructing, renovating, rehabilitating, or equipping	23370
the port authority educational and cultural performing arts	23371
facility;	23372

(e) Use the revenue derived from the lease of the port	23373
authority educational and cultural performing arts facility to the	23374
corporation solely to pay debt service charges on revenue bonds of	23375
the port authority issued pursuant to division (B)(2)(a) of this	23376
section and to pay its obligations under or arising from any	23377
guaranty agreements, reimbursement agreements, or other credit	23378
enhancement agreements provided for in this section.	23379

(3) The host municipal corporation may agree to do either or	23380
both of the following:	23381

(a) Issue its bonds for the purpose of paying all or a	23382
portion of the costs of the port authority educational and	23383
cultural performing arts facility, and pay the proceeds from the	23384
issuance to the port authority for that purpose;	23385

(b) Enter into a guaranty agreement, a reimbursement	23386
agreement, or other credit enhancement agreement with the port	23387
authority to provide a guaranty or other credit enhancement of the	23388
port authority revenue bonds referred to in division (B)(2)(a) of	23389
this section pledging taxes, other than ad valorem property taxes,	23390
or other revenues for the purpose of providing the funds required	23391
to satisfy the host municipal corporation's obligations under that	23392
agreement.	23393

The cooperative agreement may provide that the proceeds of	23394
such securities or of such guaranty agreement, reimbursement	23395
agreement, or other credit enhancement agreement be deposited with	23396
and administered by the trustee pursuant to the trust agreement	23397
authorized in division (C) of this section.	23398

(4) The corporation may agree to do any or all of the	23399
following:	23400

(a) Lease the port authority educational and cultural	23401
performing arts facility from the port authority;	23402

(b) Operate and maintain the port authority educational and	23403
cultural performing arts facility pursuant to the lease;	23404

(c) To the extent provided for in the cooperative agreement	23405
or the lease from the port authority, administer on behalf of the	23406
port authority the contracts for acquiring, constructing,	23407
renovating, rehabilitating, or equipping the port authority	23408
educational and cultural performing arts facility.	23409

(C) The pledge and payments referred to in divisions	23410
(B)(1)(b) and (c) of this section and provided for in the	23411
cooperative agreement shall be for the period stated in the	23412
cooperative agreement but shall not extend longer than the period	23413
necessary to provide for the final retirement of the port	23414
authority revenue bonds referred to in division (B)(2)(a) of this	23415
section, and for the satisfaction by the port authority of any of	23416
its obligations under or arising from any guaranty agreements,	23417
reimbursement agreements, or other credit enhancement agreements	23418
relating to those bonds or to the revenues pledged to them. The	23419
cooperative agreement shall provide for the termination of the	23420
cooperative agreement, including the pledge and payment referred	23421
to in division (B)(1)(c) of this section, if the port authority	23422
revenue bonds referred to in division (B)(2)(a) of this section	23423
have not been issued, sold, and delivered within five years of the	23424
effective date of the cooperative agreement.	23425

The cooperative agreement shall provide that any port	23426
authority revenue bonds shall be secured by a trust agreement	23427
between the port authority and a corporate trustee that is a trust	23428
company or bank having the powers of a trust company within or	23429
outside the state but authorized to exercise trust powers within	23430
the state. The host county may be a party to that trust agreement	23431
for the purpose of better securing the pledge by the host county	23432
of its payment to the corporation pursuant to division (B)(1)(c)	23433
of this section. A tax levied pursuant to section 5739.09 of the	23434
Revised Code for the purposes specified in division (B)(1)(b) or	23435
(c) of this section is not subject to diminution by initiative or	23436
referendum or diminution by statute, unless provision is made for	23437
an adequate substitute reasonably satisfactory to the trustee	23438
under the trust agreement that secures the port authority revenue	23439
bonds.	23440

(D) A pledge of money by a host county under this section	23441
shall not be net indebtedness of the host county for purposes of	23442
section 133.07 of the Revised Code. A guaranty or other credit	23443
enhancement by a host municipal corporation under this section	23444
shall not be net indebtedness of the host municipal corporation	23445
for purposes of section 133.05 of the Revised Code.	23446

(E) If the terms of the cooperative agreement so provide, any	23447
contract for the acquisition, construction, renovation,	23448
rehabilitation, equipping, or improving of a port authority	23449
educational and cultural performing arts facility shall be made in	23450
such manner as is determined by the board of directors of the port	23451
authority, and unless the cooperative agreement provides	23452
otherwise, such a contract is not subject to division (R)(2) of	23453
section 4582.31 of the Revised Code. The port authority may take	23454
the assignment of and assume any contracts for the acquisition,	23455
construction, renovation, rehabilitation, equipping, or improving	23456
of a port authority educational and cultural performing arts	23457
facility that had previously been authorized by any of the host	23458
county, the host municipality, or the corporation. Such contracts	23459
are not subject to division (R)(2) of section 4582.31 of the	23460
Revised Code.	23461

Any contract for the acquisition, construction, renovation,	23462
rehabilitation, equipping, or improving of a port authority	23463
educational and cultural performing arts facility entered into,	23464
assigned, or assumed pursuant to this division shall provide that	23465
all laborers and mechanics employed for the acquisition,	23466
construction, renovation, rehabilitation, equipping, or improving	23467
of that facility shall be paid at the prevailing rates of wages of	23468
laborers and mechanics for the class of work called for by the	23469
port authority educational and cultural performing arts facility,	23470
which wages shall be determined in accordance with the	23471
requirements of Chapter 4115. of the Revised Code for the	23472
determination of prevailing wage rates.	23473

Notwithstanding any provisions to the contrary in section	23474
~~3383.07~~123.281 of the Revised Code, construction services and	23475
general building services for a port authority educational and	23476
cultural performing arts facility funded completely or in part	23477
with money appropriated by the state to the Ohio ~~cultural~~	23478
facilities construction commission may be provided by a port	23479
authority or a corporation that occupies, will occupy, or is	23480
responsible for that facility, as determined by the commission.	23481
The construction services and general building services to be	23482
provided by the port authority or the corporation shall be	23483
specified in an agreement between the commission and the port	23484
authority or corporation. That agreement, or any actions taken	23485
under it, are not subject to Chapters 123. or 153. of the Revised	23486
Code, but are subject to Chapter 4115. of the Revised Code.	23487

Sec. 307.86. Anything to be purchased, leased, leased with	23488
an option or agreement to purchase, or constructed, including, but	23489
not limited to, any product, structure, construction,	23490
reconstruction, improvement, maintenance, repair, or service,	23491
except the services of an accountant, architect, attorney at law,	23492
physician, professional engineer, construction project manager,	23493
consultant, surveyor, or appraiser, by or on behalf of the county	23494
or contracting authority, as defined in section 307.92 of the	23495
Revised Code, at a cost in excess of fifty thousand dollars,	23496
except as otherwise provided in division (D) of section 713.23 and	23497
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	23498
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	23499
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	23500
Code, shall be obtained through competitive bidding. However,	23501
competitive bidding is not required when any of the following	23502
applies:	23503

(A) The board of county commissioners, by a unanimous vote of	23504
its members, makes a determination that a real and present	23505
emergency exists, and that determination and the reasons for it	23506
are entered in the minutes of the proceedings of the board, when	23507
either of the following applies:	23508

(1) The estimated cost is less than one hundred thousand	23509
dollars.	23510

(2) There is actual physical disaster to structures, radio	23511
communications equipment, or computers.	23512

For purposes of this division, "unanimous vote" means all	23513
three members of a board of county commissioners when all three	23514
members are present, or two members of the board if only two	23515
members, constituting a quorum, are present.	23516

Whenever a contract of purchase, lease, or construction is	23517
exempted from competitive bidding under division (A)(1) of this	23518
section because the estimated cost is less than one hundred	23519
thousand dollars, but the estimated cost is fifty thousand dollars	23520
or more, the county or contracting authority shall solicit	23521
informal estimates from no fewer than three persons who could	23522
perform the contract, before awarding the contract. With regard to	23523
each such contract, the county or contracting authority shall	23524
maintain a record of such estimates, including the name of each	23525
person from whom an estimate is solicited. The county or	23526
contracting authority shall maintain the record for the longer of	23527
at least one year after the contract is awarded or the amount of	23528
time the federal government requires.	23529

(B)(1) The purchase consists of supplies or a replacement or	23530
supplemental part or parts for a product or equipment owned or	23531
leased by the county, and the only source of supply for the	23532
supplies, part, or parts is limited to a single supplier.	23533

(2) The purchase consists of services related to information	23534
technology, such as programming services, that are proprietary or	23535
limited to a single source.	23536

(C) The purchase is from the federal government, the state,	23537
another county or contracting authority of another county, or a	23538
board of education, educational service center, township, or	23539
municipal corporation.	23540

(D) The purchase is made by a county department of job and	23541
family services under section 329.04 of the Revised Code and	23542
consists of family services duties or workforce development	23543
activities or is made by a county board of developmental	23544
disabilities under section 5126.05 of the Revised Code and	23545
consists of program services, such as direct and ancillary client	23546
services, child care, case management services, residential	23547
services, and family resource services.	23548

(E) The purchase consists of criminal justice services,	23549
social services programs, family services, or workforce	23550
development activities by the board of county commissioners from	23551
nonprofit corporations or associations under programs funded by	23552
the federal government or by state grants.	23553

(F) The purchase consists of any form of an insurance policy	23554
or contract authorized to be issued under Title XXXIX of the	23555
Revised Code or any form of health care plan authorized to be	23556
issued under Chapter 1751. of the Revised Code, or any combination	23557
of such policies, contracts, plans, or services that the	23558
contracting authority is authorized to purchase, and the	23559
contracting authority does all of the following:	23560

(1) Determines that compliance with the requirements of this	23561
section would increase, rather than decrease, the cost of the	23562
purchase;	23563

(2) Requests issuers of the policies, contracts, plans, or	23564
services to submit proposals to the contracting authority, in a	23565
form prescribed by the contracting authority, setting forth the	23566
coverage and cost of the policies, contracts, plans, or services	23567
as the contracting authority desires to purchase;	23568

(3) Negotiates with the issuers for the purpose of purchasing	23569
the policies, contracts, plans, or services at the best and lowest	23570
price reasonably possible.	23571

(G) The purchase consists of computer hardware, software, or	23572
consulting services that are necessary to implement a computerized	23573
case management automation project administered by the Ohio	23574
prosecuting attorneys association and funded by a grant from the	23575
federal government.	23576

(H) Child care services are purchased for provision to county	23577
employees.	23578

(I)(1) Property, including land, buildings, and other real	23579
property, is leased for offices, storage, parking, or other	23580
purposes, and all of the following apply:	23581

(a) The contracting authority is authorized by the Revised	23582
Code to lease the property.	23583

(b) The contracting authority develops requests for proposals	23584
for leasing the property, specifying the criteria that will be	23585
considered prior to leasing the property, including the desired	23586
size and geographic location of the property.	23587

(c) The contracting authority receives responses from	23588
prospective lessors with property meeting the criteria specified	23589
in the requests for proposals by giving notice in a manner	23590
substantially similar to the procedures established for giving	23591
notice under section 307.87 of the Revised Code.	23592

(d) The contracting authority negotiates with the prospective	23593
lessors to obtain a lease at the best and lowest price reasonably	23594
possible considering the fair market value of the property and any	23595
relocation and operational costs that may be incurred during the	23596
period the lease is in effect.	23597

(2) The contracting authority may use the services of a real	23598
estate appraiser to obtain advice, consultations, or other	23599
recommendations regarding the lease of property under this	23600
division.	23601

(J) The purchase is made pursuant to section 5139.34 or	23602
sections 5139.41 to 5139.46 of the Revised Code and is of programs	23603
or services that provide case management, treatment, or prevention	23604
services to any felony or misdemeanant delinquent, unruly youth,	23605
or status offender under the supervision of the juvenile court,	23606
including, but not limited to, community residential care, day	23607
treatment, services to children in their home, or electronic	23608
monitoring.	23609

(K) The purchase is made by a public children services agency	23610
pursuant to section 307.92 or 5153.16 of the Revised Code and	23611
consists of family services, programs, or ancillary services that	23612
provide case management, prevention, or treatment services for	23613
children at risk of being or alleged to be abused, neglected, or	23614
dependent children.	23615

(L) The purchase is to obtain the services of emergency	23616
medical service organizations under a contract made by the board	23617
of county commissioners pursuant to section 307.05 of the Revised	23618
Code with a joint emergency medical services district.	23619

(M) The county contracting authority determines that the use	23620
of competitive sealed proposals would be advantageous to the	23621
county and the contracting authority complies with section 307.862	23622
of the Revised Code.	23623

Any issuer of policies, contracts, plans, or services listed	23624
in division (F) of this section and any prospective lessor under	23625
division (I) of this section may have the issuer's or prospective	23626
lessor's name and address, or the name and address of an agent,	23627
placed on a special notification list to be kept by the	23628
contracting authority, by sending the contracting authority that	23629
name and address. The contracting authority shall send notice to	23630
all persons listed on the special notification list. Notices shall	23631
state the deadline and place for submitting proposals. The	23632
contracting authority shall mail the notices at least six weeks	23633
prior to the deadline set by the contracting authority for	23634
submitting proposals. Every five years the contracting authority	23635
may review this list and remove any person from the list after	23636
mailing the person notification of that action.	23637

Any contracting authority that negotiates a contract under	23638
division (F) of this section shall request proposals and negotiate	23639
with issuers in accordance with that division at least every three	23640
years from the date of the signing of such a contract, unless the	23641
parties agree upon terms for extensions or renewals of the	23642
contract. Such extension or renewal periods shall not exceed six	23643
years from the date the initial contract is signed.	23644

Any real estate appraiser employed pursuant to division (I)	23645
of this section shall disclose any fees or compensation received	23646
from any source in connection with that employment.	23647

Sec. 309.09. (A) The prosecuting attorney shall be the legal	23648
adviser of the board of county commissioners, board of elections,	23649
all other county officers and boards, and all tax-supported public	23650
libraries, and any of them may require written opinions or	23651
instructions from the prosecuting attorney in matters connected	23652
with their official duties. The prosecuting attorney shall	23653
prosecute and defend all suits and actions that any such officer,	23654
board, or tax-supported public library directs or to which it is a	23655
party, and no county officer may employ any other counsel or	23656
attorney at the expense of the county, except as provided in	23657
section 305.14 of the Revised Code.	23658

(B)(1) The prosecuting attorney shall be the legal adviser	23659
for all township officers, boards, and commissions, unless,	23660
subject to division (B)(2) of this section, the township has	23661
adopted a limited home rule government pursuant to Chapter 504. of	23662
the Revised Code and has not entered into a contract to have the	23663
prosecuting attorney serve as the township law director, in which	23664
case, subject to division (B)(2) of this section, the township law	23665
director, whether serving full-time or part-time, shall be the	23666
legal adviser for all township officers, boards, and commissions.	23667
When the board of township trustees finds it advisable or	23668
necessary to have additional legal counsel, it may employ an	23669
attorney other than the township law director or the prosecuting	23670
attorney of the county, either for a particular matter or on an	23671
annual basis, to represent the township and its officers, boards,	23672
and commissions in their official capacities and to advise them on	23673
legal matters. No such legal counsel may be employed, except on	23674
the order of the board of township trustees, duly entered upon its	23675
journal, in which the compensation to be paid for the legal	23676
services shall be fixed. The compensation shall be paid from the	23677
township fund.	23678

Nothing in this division confers any of the powers or duties	23679
of a prosecuting attorney under section 309.08 of the Revised Code	23680
upon a township law director.	23681

(2)(a) If any township in the county served by the	23682
prosecuting attorney has adopted any resolution regarding the	23683
operation of adult entertainment establishments pursuant to the	23684
authority that is granted under section 503.52 of the Revised Code	23685
or if a resolution of that nature has been adopted under section	23686
503.53 of the Revised Code in a township in the county served by	23687
the prosecuting attorney, all of the following apply:	23688

(i) Upon the request of a township in the county that has	23689
adopted, or in which has been adopted, a resolution of that nature	23690
that is made pursuant to division (E)(1)(c) of section 503.52 of	23691
the Revised Code, the prosecuting attorney shall prosecute and	23692
defend on behalf of the township in the trial and argument in any	23693
court or tribunal of any challenge to the validity of the	23694
resolution. If the challenge to the validity of the resolution is	23695
before a federal court, the prosecuting attorney may request the	23696
attorney general to assist the prosecuting attorney in prosecuting	23697
and defending the challenge and, upon the prosecuting attorney's	23698
making of such a request, the attorney general shall assist the	23699
prosecuting attorney in performing that service if the resolution	23700
was drafted in accordance with legal guidance provided by the	23701
attorney general as described in division (B)(2) of section 503.52	23702
of the Revised Code. The attorney general shall provide this	23703
assistance without charge to the township for which the service is	23704
performed. If a township adopts a resolution without the legal	23705
guidance of the attorney general, the attorney general is not	23706
required to provide assistance as described in this division to a	23707
prosecuting attorney.	23708

(ii) Upon the request of a township in the county that has	23709
adopted, or in which has been adopted, a resolution of that nature	23710
that is made pursuant to division (E)(1)(a) of section 503.52 of	23711
the Revised Code, the prosecuting attorney shall prosecute and	23712
defend on behalf of the township a civil action to enjoin the	23713
violation of the resolution in question.	23714

(iii) Upon the request of a township in the county that has	23715
adopted, or in which has been adopted, a resolution of that nature	23716
that is made pursuant to division (E)(1)(b) of section 503.52 of	23717
the Revised Code, the prosecuting attorney shall prosecute and	23718
defend on behalf of the township a civil action under Chapter	23719
3767. of the Revised Code to abate as a nuisance the place in the	23720
unincorporated area of the township at which the resolution is	23721
being or has been violated. Proceeds from the sale of personal	23722
property or contents seized pursuant to the action shall be	23723
applied and deposited in accordance with division (E)(1)(b) of	23724
section 503.52 of the Revised Code.	23725

(b) The provisions of division (B)(2)(a) of this section	23726
apply regarding all townships, including townships that have	23727
adopted a limited home rule government pursuant to Chapter 504. of	23728
the Revised Code, and regardless of whether a township that has so	23729
adopted a limited home rule government has entered into a contract	23730
with the prosecuting attorney as described in division (B) of	23731
section 504.15 of the Revised Code or has appointed a law director	23732
as described in division (A) of that section.	23733

The prosecuting attorney shall prosecute and defend in the	23734
actions and proceedings described in division (B)(2)(a) of this	23735
section without charge to the township for which the services are	23736
performed.	23737

(C) Whenever the board of county commissioners employs an	23738
attorney other than the prosecuting attorney of the county,	23739
without the authorization of the court of common pleas as provided	23740
in section 305.14 of the Revised Code, either for a particular	23741
matter or on an annual basis, to represent the board in its	23742
official capacity and to advise it on legal matters, the board	23743
shall enter upon its journal an order of the board in which the	23744
compensation to be paid for the legal services shall be fixed. The	23745
compensation shall be paid from the county general fund. The total	23746
compensation paid, in any year, by the board for legal services	23747
under this division shall not exceed the total annual compensation	23748
of the prosecuting attorney for that county.	23749

(D) The prosecuting attorney and the board of county	23750
commissioners jointly may contract with a board of park	23751
commissioners under section 1545.07 of the Revised Code for the	23752
prosecuting attorney to provide legal services to the park	23753
district the board of park commissioners operates.	23754

(E) The prosecuting attorney may be, in the prosecuting	23755
attorney's discretion and with the approval of the board of county	23756
commissioners, the legal adviser of a joint fire district created	23757
under section 505.371 of the Revised Code at no cost to the	23758
district or may be the legal adviser to the district under a	23759
contract that the prosecuting attorney and the district enter	23760
into, and that the board of county ~~commissioner~~commissioners	23761
approves, to authorize the prosecuting attorney to provide legal	23762
services to the district.	23763

(F) The prosecuting attorney may be, in the prosecuting	23764
attorney's discretion and with the approval of the board of county	23765
commissioners, the legal adviser of a joint ambulance district	23766
created under section 505.71 of the Revised Code at no cost to the	23767
district or may be the legal adviser to the district under a	23768
contract that the prosecuting attorney and the district enter	23769
into, and that the board of county commissioners approves, to	23770
authorize the prosecuting attorney to provide legal services to	23771
the district.	23772

(G) The prosecuting attorney may be, in the prosecuting	23773
attorney's discretion and with the approval of the board of county	23774
commissioners, the legal adviser of a joint emergency medical	23775
services district created under section 307.052 of the Revised	23776
Code at no cost to the district or may be the legal adviser to the	23777
district under a contract that the prosecuting attorney and the	23778
district enter into, and that the board of county commissioners	23779
approves, to authorize the prosecuting attorney to provide legal	23780
services to the district.	23781

(H) The prosecuting attorney may be, in the prosecuting	23782
attorney's discretion and with the approval of the board of county	23783
commissioners, the legal adviser of a fire and ambulance district	23784
created under section 505.375 of the Revised Code at no cost to	23785
the district or may be the legal adviser to the district under a	23786
contract that the prosecuting attorney and the district enter	23787
into, and that the board of county commissioners approves, to	23788
authorize the prosecuting attorney to provide legal services to	23789
the district.	23790

(I) All money received pursuant to a contract entered into	23791
under division (D), (E), (F), (G), or (H) of this section shall be	23792
deposited into the prosecuting attorney's legal services fund,	23793
which shall be established in the county treasury of each county	23794
in which such a contract exists. Moneys in that fund may be	23795
appropriated only to the prosecuting attorney for the purpose of	23796
providing legal services to a park district, joint fire district,	23797
joint ambulance district, joint emergency medical services	23798
district, or a fire and ambulance district, as applicable, under a	23799
contract entered into under the applicable division.	23800

(J) The prosecuting attorney shall be the legal advisor of a	23801
lake facilities authority as provided in section 353.02 of the	23802
Revised Code.	23803

Sec. 317.06. (A) Each county recorder who is newly elected	23804
to a full term of office shall attend and successfully complete at	23805
least fifteen hours of continuing education courses during the	23806
first year of the recorder's term of office and complete at least	23807
another eight hours of such courses each year of the remaining	23808
term. Each county recorder who is elected to a subsequent term of	23809
office shall attend and successfully complete at least eight hours	23810
of such courses in each year of any subsequent term of office. To	23811
be counted toward the continuing education hours required by this	23812
section, a course must be approved by the Ohio recorders'	23813
association. Any county recorder who teaches an approved course	23814
shall be entitled to credit for the course in the same manner as	23815
if the county recorder had attended the course.	23816

The Ohio recorders' association shall record and, upon	23817
request, verify the completion of required course work for each	23818
county recorder and issue a statement to each county recorder of	23819
the number of hours of continuing education the county recorder	23820
has successfully completed. Each year the association shall send a	23821
list of the continuing education courses, and the number of hours	23822
each county recorder has successfully completed, to the auditor of	23823
state and shall provide a copy of this list to any other	23824
individual who requests it.	23825

The association shall issue a "failure to complete notice" to	23826
any county recorder required to complete continuing education	23827
courses under this section who fails to successfully complete at	23828
least fifteen hours of continuing education courses during the	23829
first year of the county recorder's first term of office or to	23830
complete a total of at least thirty-nine hours of such courses,	23831
including the fifteen hours completed in the first year of the	23832
first term, by the end of that term. The association shall issue a	23833
"failure to complete notice" to any county recorder required to	23834
complete continuing education courses under this section who fails	23835
to successfully complete at least eight hours of continuing	23836
education courses each year of any subsequent term of office or to	23837
complete a total of at least thirty-two hours of such courses, by	23838
the end of that subsequent term. The notice is for informational	23839
purposes only and does not affect any individual's ability to hold	23840
the office of county recorder.	23841

(B) ~~Each board of county commissioners shall approve, from~~	23842
~~money appropriated to the county recorder, a reasonable amount~~	23843
~~requested by the county recorder of its county to cover the~~The	23844
costs the county recorder must incur to meet the requirements of	23845
division (A) of this section, including registration fees, lodging	23846
and meal expenses, and travel expenses shall be paid from the	23847
county recorder's technology fund, if such a fund has been	23848
established under section 317.321 of the Revised Code.	23849

Sec. 317.08. (A) Except as provided in divisions (C), (D),	23850
and (E) of this section, the county recorder shall keep six	23851
separate sets of records as follows:	23852

(1) A record of deeds, in which shall be recorded all deeds	23853
and other instruments of writing for the absolute and	23854
unconditional sale or conveyance of lands, tenements, and	23855
hereditaments; all notices as provided in sections 5301.47 to	23856
5301.56 of the Revised Code; all judgments or decrees in actions	23857
brought under section 5303.01 of the Revised Code; all	23858
declarations and bylaws, and all amendments to declarations and	23859
bylaws, as provided in Chapter 5311. of the Revised Code;	23860
affidavits as provided in sections 5301.252 and 5301.56 of the	23861
Revised Code; all certificates as provided in section 5311.17 of	23862
the Revised Code; all articles dedicating archaeological preserves	23863
accepted by the director of the Ohio historical society under	23864
section 149.52 of the Revised Code; all articles dedicating nature	23865
preserves accepted by the director of natural resources under	23866
section 1517.05 of the Revised Code; ~~all agreements for the~~	23867
~~registration of lands as archaeological or historic landmarks~~	23868
~~under section 149.51 or 149.55 of the Revised Code;~~ all	23869
conveyances of conservation easements and agricultural easements	23870
under section 5301.68 of the Revised Code; all instruments	23871
extinguishing agricultural easements under section 901.21 or	23872
5301.691 of the Revised Code or pursuant to terms of such an	23873
easement granted to a charitable organization under section	23874
5301.68 of the Revised Code; all instruments or orders described	23875
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	23876
no further action letters issued under section 122.654 or 3746.11	23877
of the Revised Code; all covenants not to sue issued under section	23878
3746.12 of the Revised Code, including all covenants not to sue	23879
issued pursuant to section 122.654 of the Revised Code; any	23880
restrictions on the use of property contained in a no further	23881
action letter issued under section 122.654 of the Revised Code,	23882
any restrictions on the use of property identified pursuant to	23883
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	23884
restrictions on the use of property contained in a deed or other	23885
instrument as provided in division (E) or (F) of section 3737.882	23886
of the Revised Code; any easement executed or granted under	23887
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	23888
any environmental covenant entered into in accordance with	23889
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	23890
trust, as described in division (A) of section 5301.255 of the	23891
Revised Code, that describe specific real property; and all	23892
agreements entered into under division (A) of section 1506.44 of	23893
the Revised Code;	23894

(2) A record of mortgages, in which shall be recorded all of	23895
the following:	23896

(a) All mortgages, including amendments, supplements,	23897
modifications, and extensions of mortgages, or other instruments	23898
of writing by which lands, tenements, or hereditaments are or may	23899
be mortgaged or otherwise conditionally sold, conveyed, affected,	23900
or encumbered;	23901

(b) All executory installment contracts for the sale of land	23902
executed after September 29, 1961, that by their terms are not	23903
required to be fully performed by one or more of the parties to	23904
them within one year of the date of the contracts;	23905

(c) All options to purchase real estate, including	23906
supplements, modifications, and amendments of the options, but no	23907
option of that nature shall be recorded if it does not state a	23908
specific day and year of expiration of its validity;	23909

(d) Any tax certificate sold under section 5721.33 of the	23910
Revised Code, or memorandum of it, that is presented for filing of	23911
record.	23912

(3) A record of powers of attorney, including all memoranda	23913
of trust, as described in division (A) of section 5301.255 of the	23914
Revised Code, that do not describe specific real property;	23915

(4) A record of plats, in which shall be recorded all plats	23916
and maps of town lots, of the subdivision of town lots, and of	23917
other divisions or surveys of lands, any center line survey of a	23918
highway located within the county, the plat of which shall be	23919
furnished by the director of transportation or county engineer,	23920
and all drawings and amendments to drawings, as provided in	23921
Chapter 5311. of the Revised Code;	23922

(5) A record of leases, in which shall be recorded all	23923
leases, memoranda of leases, and supplements, modifications, and	23924
amendments of leases and memoranda of leases;	23925

(6) A record of declarations executed pursuant to section	23926
2133.02 of the Revised Code and durable powers of attorney for	23927
health care executed pursuant to section 1337.12 of the Revised	23928
Code.	23929

(B) All instruments or memoranda of instruments entitled to	23930
record shall be recorded in the proper record in the order in	23931
which they are presented for record. The recorder may index, keep,	23932
and record in one volume unemployment compensation liens, internal	23933
revenue tax liens and other liens in favor of the United States as	23934
described in division (A) of section 317.09 of the Revised Code,	23935
personal tax liens, mechanic's liens, agricultural product liens,	23936
notices of liens, certificates of satisfaction or partial release	23937
of estate tax liens, discharges of recognizances, excise and	23938
franchise tax liens on corporations, broker's liens, and liens	23939
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	23940
5164.56, and 5311.18 of the Revised Code.	23941

The recording of an option to purchase real estate, including	23942
any supplement, modification, and amendment of the option, under	23943
this section shall serve as notice to any purchaser of an interest	23944
in the real estate covered by the option only during the period of	23945
the validity of the option as stated in the option.	23946

(C) In lieu of keeping the six separate sets of records	23947
required in divisions (A)(1) to (6) of this section and the	23948
records required in divisions (D) and (E) of this section, a	23949
county recorder may record all the instruments required to be	23950
recorded by this section in two separate sets of record books. One	23951
set shall be called the "official records" and shall contain the	23952
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	23953
(D) and (E) of this section. The second set of records shall	23954
contain the instruments listed in division (A)(4) of this section.	23955

(D) Except as provided in division (C) of this section, the	23956
county recorder shall keep a separate set of records containing	23957
all corrupt activity lien notices filed with the recorder pursuant	23958
to section 2923.36 of the Revised Code and a separate set of	23959
records containing all medicaid fraud lien notices filed with the	23960
recorder pursuant to section 2933.75 of the Revised Code.	23961

(E)(1) The county recorder shall keep a separate set of	23962
records containing all transfers, conveyances, or assignments of	23963
any type of tangible or intangible personal property or any rights	23964
or interests in that property if and to the extent that any person	23965
wishes to record that personal property transaction and if the	23966
applicable instrument is acknowledged before a notary public. If	23967
the transferor is a natural person, the notice of personal	23968
property transfer shall be recorded in the county in this state in	23969
which the transferor maintains the transferor's principal	23970
residence. If the transferor is not a natural person, the notice	23971
of personal property transfer shall be recorded in the county in	23972
this state in which the transferor maintains its principal place	23973
of business. If the transferor does not maintain a principal	23974
residence or a principal place of business in this state and the	23975
transfer is to a trustee of a legacy trust formed pursuant to	23976
Chapter 5816. of the Revised Code, the notice of personal property	23977
transfer shall be recorded in the county in this state where that	23978
trustee maintains a principal residence or principal place of	23979
business. In all other instances, the notice of personal property	23980
transfer shall be recorded in the county in this state where the	23981
property described in the notice is located.	23982

(2) The records described in division (E)(1) of this section	23983
shall be maintained in or as part of the "official records" under	23984
division (C) of this section.	23985

Sec. 317.32. The county recorder shall charge and collect	23986
the following fees, to include, except as otherwise provided in	23987
division (A)(2) of this section, base fees for the recorder's	23988
services and housing trust fund fees collected pursuant to section	23989
317.36 of the Revised Code:	23990

(A)(1) Except as otherwise provided in division (A)(2) of	23991
this section, for recording and indexing an instrument if the	23992
photocopy or any similar process is employed, a base fee of	23993
fourteen dollars for the first two pages and a housing trust fund	23994
fee of fourteen dollars, and a base fee of four dollars and a	23995
housing trust fund fee of four dollars for each subsequent page,	23996
size eight and one-half inches by fourteen inches, or fraction of	23997
a page, including the caption page, of such instrument;	23998

(2) For recording and indexing an instrument described in	23999
division (E)(1) of section 317.08 of the Revised Code if the	24000
photocopy or any similar process is employed, a fee of	24001
twenty-eight dollars for the first two pages to be deposited ~~into~~	24002
~~the county treasury to the credit of the special fund designated~~	24003
~~as "general fund moneys to supplement the equipment needs of the~~	24004
~~county recorder" under section 317.321 of the Revised Code~~as	24005
specified elsewhere in this division, and a fee of eight dollars	24006
to be deposited in the same manner for each subsequent page, size	24007
eight and one-half inches by fourteen inches, or fraction of a	24008
page, including the caption page, of that instrument;. If the	24009
county recorder's technology fund has been established under	24010
section 317.321 of the Revised Code, of the twenty-eight dollars,	24011
fourteen dollars shall be deposited into the county treasury to	24012
the credit of the county recorder's technology fund and fourteen	24013
dollars shall be deposited into the county treasury to the credit	24014
of the county general fund. If the county recorder's technology	24015
fund has not been established, the twenty-eight dollars shall be	24016
deposited into the county treasury to the credit of the county	24017
general fund.	24018

(B) For certifying a photocopy from the record previously	24019
recorded, a base fee of one dollar and a housing trust fund fee of	24020
one dollar per page, size eight and one-half inches by fourteen	24021
inches, or fraction of a page; for each certification if the	24022
recorder's seal is required, except as to instruments issued by	24023
the armed forces of the United States, a base fee of fifty cents	24024
and a housing trust fund fee of fifty cents;	24025

(C) For manual or typewritten recording of assignment or	24026
satisfaction of mortgage or lease or any other marginal entry, a	24027
base fee of four dollars and a housing trust fund fee of four	24028
dollars;	24029

(D) For entering any marginal reference by separate recorded	24030
instrument, a base fee of two dollars and a housing trust fund fee	24031
of two dollars for each marginal reference set out in that	24032
instrument, in addition to the fees set forth in division (A)(1)	24033
of this section;	24034

(E) For indexing in the real estate mortgage records,	24035
pursuant to section 1309.519 of the Revised Code, financing	24036
statements covering crops growing or to be grown, timber to be	24037
cut, minerals or the like, including oil and gas, accounts subject	24038
to section 1309.301 of the Revised Code, or fixture filings made	24039
pursuant to section 1309.334 of the Revised Code, a base fee of	24040
two dollars and a housing trust fund fee of two dollars for each	24041
name indexed;	24042

(F) For recording manually any plat not exceeding six lines,	24043
a base fee of two dollars and a housing trust fund fee of two	24044
dollars, and for each additional line, a base fee of ten cents and	24045
a housing trust fund fee of ten cents;	24046

(G) For filing zoning resolutions, including text and maps,	24047
in the office of the recorder as required under sections 303.11	24048
and 519.11 of the Revised Code, a base fee of twenty-five dollars	24049
and a housing trust fund fee of twenty-five dollars, regardless of	24050
the size or length of the resolutions;	24051

(H) For filing zoning amendments, including text and maps, in	24052
the office of the recorder as required under sections 303.12 and	24053
519.12 of the Revised Code, a base fee of ten dollars and a	24054
housing trust fund fee of ten dollars regardless of the size or	24055
length of the amendments;	24056

(I) For photocopying a document, other than at the time of	24057
recording and indexing as provided for in division (A)(1) or (2)	24058
of this section, a base fee of one dollar and a housing trust fund	24059
fee of one dollar per page, size eight and one-half inches by	24060
fourteen inches, or fraction thereof;	24061

(J) For local facsimile transmission of a document, a base	24062
fee of one dollar and a housing trust fund fee of one dollar per	24063
page, size eight and one-half inches by fourteen inches, or	24064
fraction thereof; for long distance facsimile transmission of a	24065
document, a base fee of two dollars and a housing trust fund fee	24066
of two dollars per page, size eight and one-half inches by	24067
fourteen inches, or fraction thereof;	24068

(K) For recording a declaration executed pursuant to section	24069
2133.02 of the Revised Code or a durable power of attorney for	24070
health care executed pursuant to section 1337.12 of the Revised	24071
Code, or both a declaration and a durable power of attorney for	24072
health care, a base fee of at least fourteen dollars but not more	24073
than twenty dollars and a housing trust fund fee of at least	24074
fourteen dollars but not more than twenty dollars.	24075

In any county in which the recorder employs the photostatic	24076
or any similar process for recording maps, plats, or prints the	24077
recorder shall determine, charge, and collect for the recording or	24078
rerecording of any map, plat, or print, a base fee of five cents	24079
and a housing trust fund fee of five cents per square inch, for	24080
each square inch of the map, plat, or print filed for that	24081
recording or rerecording, with a minimum base fee of twenty	24082
dollars and a minimum housing trust fund fee of twenty dollars;	24083
for certifying a copy from the record, a base fee of two cents and	24084
a housing trust fund fee of two cents per square inch of the	24085
record, with a minimum base fee of two dollars and a minimum	24086
housing trust fund fee of two dollars.	24087

The fees provided in this section shall be paid upon the	24088
presentation of the instruments for record or upon the application	24089
for any certified copy of the record, except that the payment of	24090
fees associated with the filing and recording of, or the copying	24091
of, notices of internal revenue tax liens and notices of other	24092
liens in favor of the United States as described in division (A)	24093
of section 317.09 of the Revised Code and certificates of	24094
discharge or release of those liens, shall be governed by section	24095
317.09 of the Revised Code, and the payment of fees for providing	24096
copies of instruments conveying or extinguishing agricultural	24097
easements to the office of farmland preservation in the department	24098
of agriculture under division (H) of section 5301.691 of the	24099
Revised Code shall be governed by that division.	24100

Sec. 317.321. (A) Not later than the first day of October of	24101
any year, the county recorder may submit to the board of county	24102
commissioners a proposal for funding any of the following:	24103

(1) The acquisition orand maintenance of ~~micrographic or~~	24104
imaging and other technological equipment ~~or for~~and contract	24105
services ~~or a proposal to~~therefor;	24106

(2) To reserve funds for the office's future ~~equipment~~	24107
technology needs if the county recorder has no immediate plans for	24108
the acquisition of imaging and other technological equipment or	24109
contract services, or to use the county recorder's technology fund	24110
as a dedicated revenue source to repay debt to purchase any	24111
imaging and other technological equipment before the accumulation	24112
of adequate resources to purchase the equipment with cash. ~~Either~~	24113

(3) Subject to division (G) of this section, for other	24114
expenses associated with the acquisition and maintenance of	24115
imaging and other technological equipment and contract services.	24116

(B) The proposal shall be in writing and shall include at	24117
least the following:	24118

(1) A request that an amount not to exceed ~~seven~~eight	24119
dollars of the ~~fee~~total base fees collected for filing or	24120
recording a document for which a fee is charged as required by	24121
division (A)(1) of section 317.32 ~~of the Revised Code~~ or by	24122
section 1309.525 or 5310.15 of the Revised Code ~~and the amount of~~	24123
~~the fees collected under division (A)(2) of section 317.32 of the~~	24124
~~Revised Code~~ be placed in the county treasury ~~and designated as~~	24125
~~"general~~to the credit of the county recorder's technology fund	24126
~~moneys to supplement the equipment needs of the county recorder"~~;	24127

(2) ~~The~~Except as provided in division (E)(3) of this	24128
section, the number of years, not to exceed five, for which the	24129
county recorder requests that the amount requested under division	24130
(A)(1) of this section be given the designation specified in that	24131
division;	24132

(3) An estimate of the total amount of fees that will be	24133
generated for filing or recording a document for which a fee is	24134
charged as required by division (A)(1) or (2) of section 317.32 of	24135
the Revised Code or by section 1309.525 or 5310.15 of the Revised	24136
Code;	24137

(4) An estimate of the total amount of fees for filing or	24138
recording a document for which a fee is charged as required by	24139
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	24140
section 1309.525 or 5310.15 of the Revised Code that will be	24141
~~designated as "general~~credited to the county recorder's	24142
technology fund ~~moneys to supplement the equipment needs of the~~	24143
~~county recorder"~~ if the request submitted under division ~~(A)~~(B)(1)	24144
of this section is approved by the board of county commissioners.	24145

(C) A proposal for the ~~acquisition or maintenance of~~	24146
~~micrographic or other equipment or for contract services may~~	24147
purposes of division (A)(1) of this section shall include a	24148
description or summary of the ~~micrographic or~~imaging and other	24149
technological equipment~~, or maintenance of the micrographic or~~	24150
~~other equipment,~~ that the county recorder proposes to acquire and	24151
maintain, orand the nature of contract services that the county	24152
recorder proposes to utilize, if the proposal is for those	24153
purposes. A proposal ~~to reserve funds for the office's future~~	24154
~~equipment needs if the county recorder has no immediate plans~~ for	24155
the ~~acquisition of equipment or services~~purposes of division	24156
(A)(2) of this section shall explain the general future technology	24157
needs of the office for imaging and other technological equipment,	24158
or for revenue to repay debt, if the proposal is for those	24159
purposes. A proposal for the purposes of division (A)(3) of this	24160
section shall identify the other expenses associated with the	24161
acquisition and maintenance of imaging and other technological	24162
equipment and contract services that the county recorder proposes	24163
to pay with moneys in the county recorder's technology fund, if	24164
the proposal is for those purposes.	24165

~~(B)~~(D) The board of county commissioners shall receive ~~either~~	24166
a proposal and the clerk shall enter it on the journal. At the	24167
same time, the board shall establish a date, not sooner than	24168
fifteen or later than thirty days after the ~~board's receipt of~~	24169
board receives the proposal, on which to meet with the recorder to	24170
review the proposal.	24171

~~(C)~~(E)(1) ~~Not~~Except as provided in division (E)(3) of this	24172
section, not later than the fifteenth day of December of any year	24173
in which a proposal ~~for the acquisition or maintenance of~~	24174
~~micrographic or other equipment or for contract services~~ is	24175
submitted under division (A) of this section, the board of county	24176
commissioners shall approve, reject, or modify the proposal and	24177
notify the county recorder of its action on the proposal. If the	24178
board rejects or modifies the proposal, it shall make a written	24179
finding that the request is for a purpose other than for	24180
~~acquiring, leasing, or otherwise obtaining micrographic or other~~	24181
~~equipment or contracts for use by the county recorder~~a purpose in	24182
division (A) of this section, or that the amount requested ~~for the~~	24183
~~acquisition or maintenance of micrographic or other equipment or~~	24184
~~for contract services~~ is excessive as determined by the board. If	24185
~~the board approves the proposal, it shall request the~~	24186
~~establishment of a special fund under section 5705.12 of the~~	24187
~~Revised Code for any fees designated as "general fund moneys to~~	24188
~~supplement the equipment needs of the county recorder.~~"	24189

(2) ~~Not later than the fifteenth day of December of any year~~	24190
~~in which a proposal to reserve funds for the office's future~~	24191
~~equipment needs is submitted under division (A) of this section,~~	24192
~~the board of county commissioners shall approve the proposal,~~	24193
~~notify the county recorder of its action on the proposal, and~~	24194
~~request the establishment of a special fund under section 5705.12~~	24195
~~of the Revised Code for any fees designated as "general~~A	24196
proposal submitted under division (A) of this section that was	24197
approved by the board of county commissioners before, and is in	24198
effect on, the effective date of this amendment shall continue in	24199
effect until January 1, 2019, notwithstanding the number of years	24200
of funding specified in the approved proposal.	24201

(3) A proposal submitted under division (A) of this section	24202
between October 1, 2013, and October 1, 2017, may request that an	24203
amount that does not exceed three dollars be credited to the	24204
county recorder's technology fund, in addition to the amount	24205
previously approved by the board of county commissioners in a	24206
proposal described in division (E)(2) of this section. The	24207
proposal may be submitted each year during that time period, but	24208
shall be limited to funding in the following fiscal year. If the	24209
total of the amount under division (E)(2) of this section and the	24210
amount requested under this division does not exceed eight	24211
dollars, the board shall approve the proposal and notify the	24212
county recorder of its approval.	24213

(4) If the total amount of fees provided for in divisions	24214
(B), (E)(2), and (E)(3) of this section is less than eight	24215
dollars, a proposal requesting additional fees may be submitted to	24216
the board of county commissioners under division (E)(1) of this	24217
section, as long as the total amount of the fees in divisions (B)	24218
and (E)(2), (3), and (4) of this section that are to be credited	24219
to the county recorder's technology fund does not exceed eight	24220
dollars, and the proposal is for a number of years, not to exceed	24221
five.	24222

(5) When a proposal is approved by the board of county	24223
commissioners under division (E) of this section, the county	24224
recorder's technology fund ~~moneys to supplement the equipment~~	24225
~~needs of the county recorder."~~is established in the county	24226
treasury, and, beginning on the following first day of January,	24227
the fees approved shall be deposited in that fund.	24228

~~(D)~~(F) The acquisition orand maintenance of ~~micrographic or~~	24229
imaging and other technological equipment, and ~~the acquisition of~~	24230
other associated expenses and contract services therefor, shall be	24231
specifically governed by sections 307.80 to 307.806, 307.84 to	24232
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	24233
section 5705.41 of the Revised Code.	24234

(G) If the use of the county recorder's technology fund for	24235
the purposes of division (A)(3) of this section includes	24236
associated expenses for personnel, the use of the fund for	24237
personnel shall be strictly confined to personnel directly related	24238
to imaging and other technological equipment, and any compensation	24239
increases for those personnel shall not exceed the average of the	24240
annual aggregate percentage increase or decrease in the	24241
compensation fixed by the board of county commissioners for their	24242
employees, and for the officers in section 325.27 of the Revised	24243
Code. Use of the fund for compensation bonuses, or for recognizing	24244
outstanding employee performance in a manner described in section	24245
325.25 of the Revised Code, is prohibited.	24246

(H) If a county is under a fiscal caution under section	24247
118.025 of the Revised Code, or is under a fiscal watch or fiscal	24248
emergency as defined in section 118.01 of the Revised Code, the	24249
board of county commissioners, notwithstanding sections 5705.14 to	24250
5705.16 of the Revised Code, may transfer from the county	24251
recorder's technology fund any moneys the board deems necessary.	24252

Sec. 317.36. (A) The county recorder shall collect the low-	24253
and moderate-income housing trust fund fee as specified in	24254
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	24255
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	24256
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	24257
any housing trust fund fee the recorder is authorized to collect	24258
is equal to the amount of any base fee the recorder is authorized	24259
to collect for services. The housing trust fund fee shall be	24260
collected in addition to the base fee.	24261

(B) The recorder shall certify the amounts collected as	24262
housing trust fund fees pursuant to division (A) of this section	24263
into the county treasury as housing trust fund fees to be paid to	24264
the treasurer of state pursuant to section 319.63 of the Revised	24265
Code.	24266

Sec. 321.35. Upon demand of the treasurer of state while	24267
holding a school district, county, township, or municipal	24268
corporation obligation purchased under division (G)(1) of section	24269
135.143 of the Revised Code, in making any payment under section	24270
321.31 or 321.34 of the Revised Code, the county auditor shall	24271
withhold funds of the school district, county, township, or	24272
municipal corporation in an amount sufficient to pay debt service	24273
charges on that obligation and any of the fee for the agreement to	24274
purchase that obligation, less any amount deposited for that	24275
purpose under division (D) of section 3317.18 of the Revised Code.	24276
The county auditor shall promptly pay to the treasurer of state	24277
the amount withheld.	24278

Sec. 321.44. (A)(1) A county probation services fund shall	24279
be established in the county treasury of each county. The fund a	24280
county establishes under this division shall contain all moneys	24281
paid to the treasurer of the county under section 2951.021 of the	24282
Revised Code for deposit into the fund. The moneys paid into the	24283
fund shall be deposited by the treasurer of the county into the	24284
appropriate account established under divisions (A)(1)(a) to (d)	24285
of this section. Separate accounts shall be maintained in	24286
accordance with the following criteria in the fund a county	24287
establishes under this division:	24288

(a) If a county department of probation is established in the	24289
county, a separate account shall be maintained in the fund for the	24290
county department of probation.	24291

(b) If the judges of the court of common pleas of the county	24292
have affiliated with the judges of the court of common pleas of	24293
one or more other counties and have established a multicounty	24294
department of probation, a separate account shall be maintained in	24295
the fund for the multicounty department of probation.	24296

(c) If a department of probation is established in a	24297
county-operated municipal court that has jurisdiction within the	24298
county, a separate account shall be maintained in the fund for the	24299
municipal court department of probation.	24300

(d) If a county department of probation has not been	24301
established in the county and if the court of common pleas of the	24302
county, pursuant to section 2301.32 of the Revised Code, has	24303
entered into an agreement with the adult parole authority under	24304
which the court may place defendants under a community control	24305
sanction in charge of the authority, a separate account shall be	24306
maintained in the fund for the court of common pleas.	24307

(2) For any county, if a county department of probation is	24308
established in the county or if a department of probation is	24309
established in a county-operated municipal court that has	24310
jurisdiction within the county, the board of county commissioners	24311
of the county shall appropriate to the county department of	24312
probation or municipal court department of probation all money	24313
that is contained in the department's account in the county	24314
probation services fund established in the county for use only for	24315
specialized staff, purchase of equipment, purchase of services,	24316
reconciliation programs for offenders and victims, other treatment	24317
programs, including ~~alcohol and drug~~community addiction ~~programs~~	24318
services providers certified under section ~~3793.06~~5119.36 of the	24319
Revised Code, determined to be appropriate by the chief probation	24320
officer of the department of probation, and other similar expenses	24321
related to placing offenders under a community control sanction.	24322

For any county, if the judges of the court of common pleas of	24323
the county have affiliated with the judges of the court of common	24324
pleas of one or more other counties and have established a	24325
multicounty department of probation to serve the counties, the	24326
board of county commissioners of the county shall appropriate and	24327
the county treasurer shall transfer to the multicounty probation	24328
services fund established for the multicounty department of	24329
probation under division (B) of this section all money that is	24330
contained in the multicounty department of probation account in	24331
the county probation services fund established in the county for	24332
use in accordance with that division.	24333

For any county, if a county department of probation has not	24334
been established in the county and if the court of common pleas of	24335
the county, pursuant to section 2301.32 of the Revised Code, has	24336
entered into an agreement with the adult parole authority under	24337
which the court may place defendants under a community control	24338
sanction in charge of the authority, the board of county	24339
commissioners of the county shall appropriate to the court all	24340
money that is contained in the court's account in the county	24341
probation services fund established in the county for use only for	24342
specialized staff, purchase of equipment, purchase of services,	24343
reconciliation programs for offenders and victims, other treatment	24344
and recovery support services, including properly credentialed	24345
treatment and recovery support services program providers or those	24346
certified under section ~~3793.06~~5119.36 of the Revised Code,	24347
determined to be appropriate by the authority, and other similar	24348
uses related to placing offenders under a community control	24349
sanction.	24350

(B) If the judges of the courts of common pleas of two or	24351
more counties have established a multicounty department of	24352
probation, a multicounty probation services fund shall be	24353
established in the county treasury of the county whose treasurer,	24354
in accordance with section 2301.27 of the Revised Code, is	24355
designated by the judges of the courts of common pleas as the	24356
treasurer to whom monthly supervision fees are to be appropriated	24357
and transferred under division (A)(2) of this section for deposit	24358
into the fund. The fund shall contain all moneys that are paid to	24359
the treasurer of any member county under section 2951.021 of the	24360
Revised Code for deposit into the county's probation services fund	24361
and that subsequently are appropriated and transferred to the	24362
multicounty probation services fund under division (A)(2) of this	24363
section. The board of county commissioners of the county in which	24364
the multicounty probation services fund is established shall	24365
appropriate the money contained in that fund to the multicounty	24366
department of probation, for use only for specialized staff,	24367
purchase of equipment, purchase of services, reconciliation	24368
programs for offenders and victims, other treatment programs,	24369
including ~~alcohol and drug~~community addiction ~~programs~~services	24370
providers certified under section ~~3793.06~~5119.36 of the Revised	24371
Code, determined to be appropriate by the chief probation officer,	24372
and for other similar expenses related to placing offenders under	24373
a community control sanction.	24374

(C) Any money in a county or multicounty probation services	24375
fund at the end of a fiscal year shall not revert to the general	24376
fund of the county but shall be retained in the fund.	24377

(D) As used in this section:

24378

(1) "County-operated municipal court" has the same meaning as	24379
in section 1901.03 of the Revised Code.	24380

(2) "Multicounty department of probation" means a probation	24381
department established under section 2301.27 of the Revised Code	24382
to serve more than one county.	24383

(3) "Community control sanction" has the same meaning as in	24384
section 2929.01 of the Revised Code.	24385

Sec. 323.158. (A) As used in this section~~, "qualifying~~:

24386

(1) "Qualifying county" means a county to which both of the	24387
following apply:	24388

~~(1)~~(a) At least one major league professional athletic team	24389
~~plays~~played its home schedule in the county for the season	24390
beginning in 1996;	24391

~~(2)~~(b) The majority of the electors of the county, voting at	24392
an election held in 1996, approved a referendum on a resolution of	24393
the board of county commissioners levying a sales and use tax	24394
under sections 5739.026 and 5741.023 of the Revised Code.	24395

(2) "Eligible homestead" means a homestead that is not an	24396
ineligible homestead.	24397

(3) "Ineligible homestead" means either of the following:

24398

(a) A homestead against which foreclosure or other	24399
proceedings to take possession of the homestead have been	24400
initiated based on a mortgage, lien, or security interest on or in	24401
the homestead. A homestead is an "ineligible homestead" for any	24402
tax year during which such proceedings against the homestead	24403
remain pending.	24404

(b) A homestead that is listed on the delinquent tax list. A	24405
homestead is an "ineligible homestead" for any tax year during	24406
which the homestead is listed on the delinquent tax list.	24407

(B) On or before December 31, 1996, the board of county	24408
commissioners of a qualifying county may adopt a resolution under	24409
this section. The resolution shall grant a partial real property	24410
tax exemption to each eligible homestead in the county that also	24411
receives the tax reduction under division (B) of section 323.152	24412
of the Revised Code. The partial exemption shall take the form of	24413
the reduction by a specified percentage each year of the real	24414
property taxes on the eligible homestead. The resolution shall	24415
specify the percentage, which may be any amount. The board may	24416
include in the resolution a condition that the partial exemption	24417
will apply only upon the receipt by the county of additional	24418
revenue from a source specified in the resolution. The resolution	24419
shall specify the tax year in which the partial exemption first	24420
applies, which may be the tax year in which the resolution takes	24421
effect as long as the resolution takes effect before the county	24422
auditor certifies the tax duplicate of real and public utility	24423
property for that tax year to the county treasurer. Upon adopting	24424
the resolution, the board shall certify copies of it to the county	24425
auditor and the tax commissioner.	24426

(C) After complying with sections 319.301, 319.302, and	24427
323.152 of the Revised Code, the county auditor shall reduce the	24428
remaining sum to be levied against aan eligible homestead by the	24429
percentage called for in the resolution adopted under division (B)	24430
of this section. The auditor shall certify the amount of taxes	24431
remaining after the reduction to the county treasurer for	24432
collection as the real property taxes charged and payable on the	24433
eligible homestead.	24434

(D) For each tax year, the county auditor shall certify to	24435
the board of county commissioners the total amount by which real	24436
property taxes were reduced under this section. At the time of	24437
each semi-annual settlement of real property taxes between the	24438
county auditor and county treasurer, the board of county	24439
commissioners shall pay to the auditor one-half of that total	24440
amount. Upon receipt of the payment, the county auditor shall	24441
distribute it among the various taxing districts in the county as	24442
if it had been levied, collected, and settled as real property	24443
taxes. The board of county commissioners shall make the payment	24444
from the county general fund or from any other county revenue that	24445
may be used for that purpose. In making the payment, the board may	24446
use revenue from taxes levied by the county to provide additional	24447
general revenue under sections 5739.021 and 5741.021 of the	24448
Revised Code or to provide additional revenue for the county	24449
general fund under sections 5739.026 and 5741.023 of the Revised	24450
Code.	24451

(E) The partial exemption under this section shall not	24452
directly or indirectly affect the determination of the principal	24453
amount of notes that may be issued in anticipation of a tax levy	24454
or the amount of securities that may be issued for any permanent	24455
improvements authorized in conjunction with a tax levy.	24456

(F) At any time, the board of county commissioners may adopt	24457
a resolution amending or repealing the partial exemption granted	24458
under this section. Upon adopting a resolution amending or	24459
repealing the partial exemption, the board shall certify copies of	24460
it to the county auditor and the tax commissioner. The resolution	24461
shall specify the tax year in which the amendment or repeal first	24462
applies, which may be the tax year in which the resolution takes	24463
effect as long as the resolution takes effect before the county	24464
auditor certifies the tax duplicate of real and public utility	24465
property for that tax year to the county treasurer.	24466

(G) If a person files a late application for a tax reduction	24467
under division (B) of section 323.152 of the Revised Code for the	24468
preceding year for an eligible homestead, and is granted the	24469
reduction, the person also shall receive the reduction under this	24470
section for the preceding year. The county auditor shall credit	24471
the amount of the reduction against the person's current year	24472
taxes, and shall include the amount of the reduction in the amount	24473
certified to the board of county commissioners under division (D)	24474
of this section.	24475

Sec. 329.04. (A) The county department of job and family	24476
services shall have, exercise, and perform the following powers	24477
and duties:	24478

(1) Perform any duties assigned by the state department of	24479
job and family services or department of medicaid regarding the	24480
provision of public family services, including the provision of	24481
the following services to prevent or reduce economic or personal	24482
dependency and to strengthen family life:	24483

(a) Services authorized by a Title IV-A program, as defined	24484
in section 5101.80 of the Revised Code;	24485

(b) Social services authorized by Title XX of the "Social	24486
Security Act" and provided for by section 5101.46 or 5101.461 of	24487
the Revised Code;	24488

(c) If the county department is designated as the child	24489
support enforcement agency, services authorized by Title IV-D of	24490
the "Social Security Act" and provided for by Chapter 3125. of the	24491
Revised Code. The county department may perform the services	24492
itself or contract with other government entities, and, pursuant	24493
to division (C) of section 2301.35 and section 2301.42 of the	24494
Revised Code, private entities, to perform the Title IV-D	24495
services.	24496

(d) Duties assigned under section ~~5111.98~~5162.031 of the	24497
Revised Code.	24498

(2) Administer disability financial assistance, as required	24499
by the state department of job and family services under section	24500
5115.03 of the Revised Code;	24501

(3) Administer burials insofar as the administration of	24502
burials was, prior to September 12, 1947, imposed upon the board	24503
of county commissioners and if otherwise required by state law;	24504

(4) Cooperate with state and federal authorities in any	24505
matter relating to family services and to act as the agent of such	24506
authorities;	24507

(5) Submit an annual account of its work and expenses to the	24508
board of county commissioners and to the state department of job	24509
and family services and department of medicaid at the close of	24510
each fiscal year;	24511

(6) Exercise any powers and duties relating to family	24512
services duties or workforce development activities imposed upon	24513
the county department of job and family services by law, by	24514
resolution of the board of county commissioners, or by order of	24515
the governor, when authorized by law, to meet emergencies during	24516
war or peace;	24517

(7) ~~Determine the eligibility for medical assistance of~~	24518
~~recipients of aid under Title XVI of the "Social Security Act";~~	24519

~~(8) If assigned by the state director of job and family~~	24520
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	24521
~~determine applicants' eligibility for health assistance under the~~	24522
~~children's health insurance program part II or part III;~~	24523

~~(9)~~ Enter into a plan of cooperation with the board of county	24524
commissioners under section 307.983, consult with the board in the	24525
development of the transportation work plan developed under	24526
section 307.985, establish with the board procedures under section	24527
307.986 for providing services to children whose families relocate	24528
frequently, and comply with the contracts the board enters into	24529
under sections 307.981 and 307.982 of the Revised Code that affect	24530
the county department;	24531

~~(10)~~(8) For the purpose of complying with a grant agreement	24532
the board of county commissioners enters into under sections	24533
307.98 and 5101.21 of the Revised Code, exercise the powers and	24534
perform the duties the grant agreement assigns to the county	24535
department;	24536

~~(11)~~(9) If the county department is designated as the	24537
workforce development agency, provide the workforce development	24538
activities specified in the contract required by section 330.05 of	24539
the Revised Code.	24540

(B) The powers and duties of a county department of job and	24541
family services are, and shall be exercised and performed, under	24542
the control and direction of the board of county commissioners.	24543
The board may assign to the county department any power or duty of	24544
the board regarding family services duties and workforce	24545
development activities. If the new power or duty necessitates the	24546
state department of job and family services or department of	24547
medicaid changing its federal cost allocation plan, the county	24548
department may not implement the power or duty unless the United	24549
States department of health and human services approves the	24550
changes.	24551

Sec. 329.051. The county department of job and family	24552
services shall make voter registration applications as prescribed	24553
by the secretary of state under section 3503.10 of the Revised	24554
Code available to persons who are applying for, receiving	24555
assistance from, or participating in any of the following:	24556

(A) The disability financial assistance program established	24557
under Chapter 5115. of the Revised Code;	24558

(B) The ~~medical assistance~~medicaid program ~~established under~~	24559
~~Chapter 5111. of the Revised Code~~;	24560

(C) The Ohio works first program established under Chapter	24561
5107. of the Revised Code;	24562

(D) The prevention, retention, and contingency program	24563
established under Chapter 5108. of the Revised Code.	24564

Sec. 329.06. (A) Except as provided in division (C) of this	24565
section and section 6301.08 of the Revised Code, the board of	24566
county commissioners shall establish a county family services	24567
planning committee. The board shall appoint a member to represent	24568
the county department of job and family services; an employee in	24569
the classified civil service of the county department of job and	24570
family services, if there are any such employees; and a member to	24571
represent the public. The board shall appoint other individuals to	24572
the committee in such a manner that the committee's membership is	24573
broadly representative of the groups of individuals and the public	24574
and private entities that have an interest in the family services	24575
provided in the county. The board shall make appointments in a	24576
manner that reflects the ethnic and racial composition of the	24577
county. The following groups and entities may be represented on	24578
the committee:	24579

(1) Consumers of family services;

24580

(2) The public children services agency;

24581

(3) The child support enforcement agency;

24582

(4) The county family and children first council;

24583

(5) Public and private colleges and universities;

24584

(6) Public entities that provide family services, including	24585
boards of health, boards of education, the county board of	24586
developmental disabilities, and the board of alcohol, drug	24587
addiction, and mental health services that serves the county;	24588

(7) Private nonprofit and for-profit entities that provide	24589
family services in the county or that advocate for consumers of	24590
family services in the county, including entities that provide	24591
services to or advocate for victims of domestic violence;	24592

(8) Labor organizations;

24593

(9) Any other group or entity that has an interest in the	24594
family services provided in the county, including groups or	24595
entities that represent any of the county's business, urban, and	24596
rural sectors.	24597

(B) The county family services planning committee shall do	24598
all of the following:	24599

(1) Serve as an advisory body to the board of county	24600
commissioners with regard to the family services provided in the	24601
county, including assistance under Chapters 5107. and 5108. of the	24602
Revised Code, publicly funded child care under Chapter 5104. of	24603
the Revised Code, and social services provided under section	24604
5101.46 of the Revised Code;	24605

(2) At least once a year, review and analyze the county	24606
department of job and family services' implementation of the	24607
programs established under Chapters 5107. and 5108. of the Revised	24608
Code. In its review, the committee shall use information available	24609
to it to examine all of the following:	24610

(a) Return of assistance groups to participation in either	24611
program after ceasing to participate;	24612

(b) Teen pregnancy rates among the programs' participants;

24613

(c) The other types of assistance the programs' participants	24614
receive, including medicaid ~~under Chapter 5111. of the Revised~~	24615
~~Code~~, publicly funded child care under Chapter 5104. of the	24616
Revised Code, supplemental nutrition assistance program benefits	24617
under section 5101.54 of the Revised Code, and energy assistance	24618
under Chapter 5117. of the Revised Code;	24619

(d) Other issues the committee considers appropriate.

24620

The committee shall make recommendations to the board of	24621
county commissioners and county department of job and family	24622
services regarding the committee's findings.	24623

(3) Conduct public hearings on proposed county profiles for	24624
the provision of social services under section 5101.46 of the	24625
Revised Code;	24626

(4) At the request of the board, make recommendations and	24627
provide assistance regarding the family services provided in the	24628
county;	24629

(5) At any other time the committee considers appropriate,	24630
consult with the board and make recommendations regarding the	24631
family services provided in the county. The committee's	24632
recommendations may address the following:	24633

(a) Implementation and administration of family service	24634
programs;	24635

(b) Use of federal, state, and local funds available for	24636
family service programs;	24637

(c) Establishment of goals to be achieved by family service	24638
programs;	24639

(d) Evaluation of the outcomes of family service programs;

24640

(e) Any other matter the board considers relevant to the	24641
provision of family services.	24642

(C) If there is a committee in existence in a county on	24643
October 1, 1997, that the board of county commissioners determines	24644
is capable of fulfilling the responsibilities of a county family	24645
services planning committee, the board may designate the committee	24646
as the county's family services planning committee and the	24647
committee shall serve in that capacity.	24648

Sec. 329.14. (A) An individual whose household income does	24649
not exceed two hundred per cent of the federal poverty line is	24650
eligible to participate in an individual development account	24651
program established by the county department of job and family	24652
services of the county in which the individual resides. An	24653
eligible individual seeking to be a participant in the program	24654
shall enter into an agreement with the fiduciary organization	24655
administering the program. The agreement shall specify the terms	24656
and conditions of uses of funds deposited, financial documentation	24657
required to be maintained by the participant, expectations and	24658
responsibilities of the participant, and services to be provided	24659
by the fiduciary organization.	24660

(B) A participant may deposit earned income, as defined in 26	24661
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	24662
organization may deposit into the account an amount not exceeding	24663
four times the amount deposited by the participant except that a	24664
fiduciary organization may not, pursuant to an agreement with an	24665
employer, deposit an amount into an account held by a participant	24666
who is employed by the employer. An account may have no more than	24667
ten thousand dollars in it at any time.	24668

(C) Notwithstanding eligibility requirements established in	24669
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24670
Code, to the extent permitted by federal statutes and regulations,	24671
money in an individual development account, including interest, is	24672
exempt from consideration in determining whether the participant	24673
or a member of the participant's assistance group is eligible for	24674
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24675
Code and the amount of assistance the participant or assistance	24676
group is eligible to receive.	24677

(D)(1) Except as provided in division (D)(2) of this section,	24678
an individual development account program participant may use	24679
money in the account only for the following purposes:	24680

(a) Postsecondary educational expenses paid directly from the	24681
account to an eligible education institution or vendor;	24682

(b) Qualified acquisition expenses of a principal residence,	24683
as defined in 26 U.S.C. 1034, as amended, paid directly from the	24684
account to the person or government entity to which the expenses	24685
are due;	24686

(c) Qualified business capitalization expenses made in	24687
accordance with a qualified business plan that has been approved	24688
by a financial institution or by a nonprofit microenterprise	24689
program having demonstrated business expertise and paid directly	24690
from the account to the person to whom the expenses are due.	24691

(2) A fiduciary organization shall permit a participant to	24692
withdraw money deposited by the participant if it is needed to	24693
deal with a personal emergency of the participant or a member of	24694
the participant's family or household. Withdrawal shall result in	24695
the loss of any matching funds in an amount equal to the amount of	24696
the withdrawal.	24697

(3) Regardless of the reason for the withdrawal, a withdrawal	24698
from an individual development account may be made only with the	24699
approval of the fiduciary organization.	24700

Sec. 333.01. As used in this chapter:

24701

(A) "County sales and use tax" means the tax levied by a	24702
county under division (A) of section 5739.021 or division (A) of	24703
section 5741.021 of the Revised Code that is returned or	24704
distributed to the county under section 5739.21 or 5741.03 of the	24705
Revised Code.	24706

(B) "Impact facility" means a permanent structure, including	24707
all interior or exterior square footage used for educational or	24708
exhibition activities, that meets all of the following criteria:	24709

(1) It is used for the sale of tangible personal property or	24710
services;	24711

(2) At least ten per cent of the facility's total square	24712
footage is dedicated to educational or exhibition activities;	24713

(3) At least ~~fifty~~thirty million dollars is invested in	24714
land, buildings, infrastructure, and equipment for the facility at	24715
the site of the facility over a period of not more than two years;	24716

(4) An annualized average of at least one hundred fifty new	24717
full-time equivalent positions will be created and maintained at	24718
the facility;	24719

(5) More than fifty per cent of the visitors to the facility	24720
are reasonably anticipated to live at least ~~one hundred~~fifty	24721
miles from the facility.	24722

(C) "Qualifying investment" means a person's investment in	24723
land, buildings, infrastructure, and equipment for creating an	24724
impact facility.	24725

(D) "Full-time equivalent positions" means the total number	24726
of hours worked at a facility in a work week, divided by forty	24727
hours per week.	24728

Sec. 333.02. Before June 1, ~~2007~~2015, a board of county	24729
commissioners of a county that levies a county sales and use tax	24730
may enter into an agreement with any person that proposes to	24731
construct an impact facility in the county to provide payments to	24732
that person of up to seventy-five per cent of the county sales and	24733
use tax collected on each retail sale made by that person at the	24734
facility, for a term of up to ten years, or until the person's	24735
qualifying investment in the impact facility has been realized	24736
through the payments, whichever occurs first.	24737

Sec. 333.03. (A) A person seeking to enter into an agreement	24738
and obtain payments under section 333.02 of the Revised Code shall	24739
provide both of the following to the board of county	24740
commissioners:	24741

(1) A certification by the person's chief financial officer,	24742
or the equivalent if that position does not exist, that the	24743
criteria listed in division (B) of section 333.01 of the Revised	24744
Code will be met; and	24745

(2) An application on a form or in a format acceptable to the	24746
board that describes the proposed impact facility, including the	24747
projected level of investment in and new jobs to be created at the	24748
facility, the rationale used for determining that more than fifty	24749
per cent of the facility's visitors live at least ~~one hundred~~	24750
fifty miles from the facility, the types of activities to be	24751
conducted at the facility, the projected levels of sales to occur	24752
at the facility, a calculation of the facility's square footage	24753
that will be dedicated to educational or exhibition activities,	24754
and any other information the board of county commissioners	24755
reasonably requests about the expected operations of the facility.	24756

(B) The board of county commissioners shall request the	24757
director of development services to certify that the proposed	24758
facility meets the criteria for an impact facility listed in	24759
division (B) of section 333.01 of the Revised Code. The board of	24760
county commissioners may, but need not, make findings of fact that	24761
a proposed facility meets the criteria for an impact facility	24762
listed in division (B) of section 333.01 of the Revised Code	24763
before or after requesting the certification. If the director of	24764
development services certifies a proposed facility as an impact	24765
facility under this section, and if the board makes such findings,	24766
the findings and certification are conclusive and not subject to	24767
reopening at any time.	24768

Sec. 333.04. (A) After review of the items submitted under	24769
division (A) of section 333.03 of the Revised Code, and after	24770
receipt of the certification from the director of development	24771
services under division (B) of that section, a board of county	24772
commissioners, before June 1, ~~2007~~2015, may enter into an	24773
agreement under section 333.02 of the Revised Code, provided that	24774
the board has determined all of the following:	24775

(1) The proposed impact facility is economically sound;

24776

(2) Construction of the proposed impact facility has not	24777
begun prior to the day the agreement is entered into;	24778

(3) The impact facility will benefit the county by increasing	24779
employment opportunities and strengthening the local and regional	24780
economy; and	24781

(4) Receiving payments from the board of county commissioners	24782
is a major factor in the person's decision to go forward with	24783
construction of the impact facility.	24784

(B) An agreement entered into under this section shall	24785
include all of the following:	24786

(1) A description of the impact facility that is the subject	24787
of the agreement, including the existing investment level, if any,	24788
the proposed amount of investments, the scheduled starting and	24789
completion dates for the facility, and the number and type of	24790
full-time equivalent positions to be created at the facility;	24791

(2) The percentage of the county sales and use tax collected	24792
at the impact facility that will be used to make payments to the	24793
person entering into the agreement;	24794

(3) The term of the payments and the first calendar quarter	24795
in which the person may apply for a payment under section 333.06	24796
of the Revised Code;	24797

(4) A requirement that the amount of payments made to the	24798
person during the term established under division (B)(3) of this	24799
section shall not exceed the person's qualifying investment, and	24800
that all payments cease when that amount is reached;	24801

(5) A requirement that the person maintain operations at the	24802
impact facility for at least the term established under division	24803
(B)(3) of this section;	24804

(6) A requirement that the person annually certify to the	24805
board of county commissioners, on or before a date established by	24806
the board in the agreement, the level of investment in, the number	24807
of employees and type of full-time equivalent positions at, and	24808
the amount of county sales and use tax collected and remitted to	24809
the tax commissioner or treasurer of state from sales made at, the	24810
facility;	24811

(7) A provision stating that the creation of the proposed	24812
impact facility does not involve the relocation of ~~more than ten~~	24813
any full-time equivalent positions ~~and two million dollars in~~	24814
~~taxable assets~~or any tangible personal property to the impact	24815
facility from another facility owned by the person, or a related	24816
member of the person, that is located in another political	24817
subdivision of this state, other than the political subdivision in	24818
which the impact facility is or will be located;	24819

(8) ~~A provision stating that the person will not relocate~~	24820
~~more than ten full-time equivalent positions and two million~~	24821
~~dollars in taxable assets to the impact facility from another~~	24822
~~facility in another political subdivision of this state during the~~	24823
~~term of the payments without the written approval of the director~~	24824
~~of development;~~	24825

~~(9)~~ A detailed explanation of how the person determined that	24826
more than fifty per cent of the visitors to the facility live at	24827
least ~~one hundred~~fifty miles from the facility.	24828

(C) ~~For purposes of this section, the transfer of a full-time~~	24829
~~equivalent position or taxable asset from another political~~	24830
~~subdivision in this state to the political subdivision in which~~	24831
~~the impact facility is or will be located shall be considered a~~	24832
~~relocation, unless the person refills the full-time equivalent~~	24833
~~position, or replaces the taxable asset with an asset of equal or~~	24834
~~greater taxable value, within six months after the transfer. The~~	24835
~~person may not receive a payment under this chapter for any year~~	24836
~~in which more than ten relocations occurred without the written~~	24837
~~consent of the board of county commissioners~~No payment may be	24838
made under this chapter to a person that is found to be in	24839
violation of the provision described in division (B)(7) of this	24840
section.	24841

Sec. 333.05. (A) IfExcept as otherwise provided in this	24842
division, if a person fails to meet or comply with any provision	24843
of an agreement entered into under section 333.02 of the Revised	24844
Code, the board of county commissioners may amend the agreement to	24845
reduce the percentage or term, or both, of the payments the person	24846
is entitled to receive under the agreement. The reduction shall	24847
commence in the calendar quarter immediately following the	24848
calendar quarter in which the board amends the agreement. If a	24849
person fails to comply with the provision described in division	24850
(B)(7) of section 333.04 of the Revised Code, no payments may be	24851
made under this chapter to that person after the person is found	24852
to be in violation.	24853

(B) A board of county commissioners shall submit to the	24854
department of development and to the tax commissioner a copy of	24855
each agreement entered into under section 333.02 of the Revised	24856
Code and any modifications to an agreement within thirty days	24857
after finalization or modification of the agreement.	24858

Sec. 339.02. (A) As used in this section, "area served by	24859
the hospital" means the geographic area, whether or not included	24860
within the county, from which a county hospital regularly draws	24861
patients.	24862

(B) Unless a board of county hospital trustees for the county	24863
is in existence in accordance with this section, such board shall	24864
be created pursuant to this section after the board of county	24865
commissioners first determines by resolution to establish a county	24866
hospital. Copies of such resolution shall be certified to the	24867
probate judge of the county senior in point of service and to the	24868
judge, other than a probate judge, of the court of common pleas of	24869
the county senior in point of service. The board of county	24870
commissioners together with the probate judge of the county senior	24871
in point of service and the judge of the court of common pleas of	24872
the county senior in point of service shall, within ten days after	24873
such certification, appoint a board of county hospital trustees.	24874

(C) In making appointments to a board of county hospital	24875
trustees, ~~all~~both of the following apply with respect to the	24876
individuals who may be appointed:	24877

(1) Members shall be electors and representative of the area	24878
served by the hospital, except that not more than two members may	24879
be electors of the area served by the hospital that is outside the	24880
county in which the hospital is located.	24881

(2) ~~In no case shall more than one-half of the members be~~	24882
~~independents or be members of any one political party.~~	24883

~~(3)~~ A physician may serve as a member, including a physician	24884
who is authorized to admit and treat patients at the hospital,	24885
except as follows:	24886

(a) Not more than two physicians may serve as members at the	24887
same time;	24888

(b) No physician who is employed by the hospital may serve as	24889
a member.	24890

(D) A board of county hospital trustees shall be composed of	24891
six members, unless the board of county commissioners determines	24892
that the board of trustees can more effectively function with	24893
eight or ten members in which case there may be eight or ten	24894
members, as designated by the board of county commissioners.	24895

(E) With respect to the initial appointment of members to a	24896
board of county hospital trustees, all of the following apply:	24897

(1) When the board is composed of six members, their terms of	24898
office shall be one for one year, one for two years, one for three	24899
years, one for four years, one for five years, and one for six	24900
years from the first Monday of March thereafter.	24901

(2) When the board is composed of eight members, their terms	24902
of office shall be one for one year, one for two years, two for	24903
three years, one for four years, one for five years, and two for	24904
six years from the first Monday of March thereafter.	24905

(3) When the board is composed of ten members, their terms of	24906
office shall be two for one year, one for two years, two for three	24907
years, two for four years, one for five years, and two for six	24908
years from the first Monday of March thereafter.	24909

(F) Except as provided in division (G)(2) of this section,	24910
all of the following apply with respect to vacancies on a board of	24911
county hospital trustees:	24912

(1) Annually, on the first Monday of March, the board of	24913
county commissioners together with the probate judge of the county	24914
senior in point of service and the judge of the court of common	24915
pleas of the county senior in point of service shall appoint or	24916
reappoint for a term of six years a sufficient number of members	24917
to replace those members whose terms have expired.	24918

(2) The appointing authority shall fill a vacancy not later	24919
than six months after the vacancy occurs. If the vacancy remains	24920
unfilled on that date, the remaining members of the board, by	24921
majority vote, shall appoint an individual to fill the vacancy.	24922

(3) The appointing authority may fill a vacancy by seeking	24923
nominations from a selection committee consisting of one county	24924
commissioner designated by the board of county commissioners, the	24925
chair of the board of county hospital trustees, and the county	24926
hospital administrator. If nominations for filling a vacancy are	24927
sought from a selection committee, the committee shall nominate at	24928
least three individuals for the vacancy. The appointing authority	24929
may fill the vacancy by appointing one of the nominated	24930
individuals or by appointing another individual selected by the	24931
appointing authority.	24932

(4) Any member appointed to fill a vacancy occurring prior to	24933
the expiration date of the term for which the member's predecessor	24934
was appointed shall hold office as a member for the remainder of	24935
that term.	24936

(G)(1) The board of county commissioners together with the	24937
probate judge senior in point of service and the judge of the	24938
court of common pleas senior in point of service in any county in	24939
which a board of county hospital trustees has been appointed may	24940
expand the number of members to eight or to ten. When the number	24941
of members is increased to eight, one shall be appointed for a	24942
three-year and one for a six-year term from the first Monday of	24943
March thereafter. When the number of members is increased from six	24944
to ten, the term for additional members shall be: one for one	24945
year, one for three years, one for four years, and one for six	24946
years from the first Monday of March thereafter. When the number	24947
of members is increased from eight to ten, the term for additional	24948
members shall be: one for one year and one for four years from the	24949
first Monday of March thereafter. Thereafter except as provided in	24950
division (G)(2) of this section, upon the expiration of the term	24951
of office of each member, the vacancy shall be filled in the	24952
manner specified in division (F) of this section.	24953

(2) The board of county commissioners together with the	24954
probate judge senior in point of service and the judge of the	24955
court of common pleas senior in point of service may reduce the	24956
number of members of a board of county hospital trustees to eight	24957
or to six. The reduction shall occur on expiration of a member's	24958
term of office, at which time no appointment shall be made. While	24959
the board of county commissioners and the judges are in the	24960
process of reducing the number of members, the board of county	24961
hospital trustees may consist of nine or seven members for one	24962
year.	24963

(H) Any member of a board of county hospital trustees may be	24964
removed from office by the appointing authority for neglect of	24965
duty, misconduct, or malfeasance in office. The member shall be	24966
informed in writing of the charges and afforded an opportunity for	24967
a hearing before the appointing authority. The appointing	24968
authority shall not remove a member from office for political	24969
reasons.	24970

(I) The board of county commissioners may provide members of	24971
a board of county hospital trustees ~~shall~~a stipend for their	24972
service or require the members to serve without compensation~~, but~~.	24973
The members shall be allowed their necessary and reasonable	24974
expenses incurred in the performance of their duties, including	24975
the cost of their participation in any continuing education	24976
programs or developmental programs that the members consider	24977
necessary. Allowable stipends and expenses shall be paid out of	24978
the funds provided for the county hospital.	24979

(J) The persons selected to be members of a board of county	24980
hospital trustees shall forthwith be notified, by mail, of their	24981
appointment. When a board is initially appointed, the notice shall	24982
state a time, not more than ten days later, when such board shall	24983
meet at the county seat of such county to organize. On the date	24984
stated, the board shall meet and organize.	24985

(K) A board of county hospital trustees shall organize by	24986
electing one of its number as chairperson and such other officers	24987
as specified in the board's rules. Four members of a six-member	24988
board constitute a quorum, five members constitute a quorum of an	24989
eight-member board, and six members constitute a quorum of a	24990
ten-member board.	24991

A board of county hospital trustees shall hold meetings at	24992
least ~~once a month~~quarterly, shall adopt necessary rules of	24993
procedure, and shall keep a record of its proceedings and a strict	24994
account of all its receipts, disbursements, and expenditures. On	24995
completion of the construction and equipping of a county hospital,	24996
the board shall file such account with the board of county	24997
commissioners and make final settlement with the board of county	24998
commissioners for the construction and equipping of the hospital.	24999

Sec. 339.05. (A) A board of county hospital trustees may	25000
adopt, annually, bidding procedures and purchasing or leasing	25001
policies ~~for services~~ provided through a joint purchasing	25002
arrangement sponsored by a nonprofit organization, ~~and~~ for	25003
services, supplies, and equipment, that are routinely used in the	25004
operation of the hospital and that cost in excess of the amount	25005
specified in section 307.86 of the Revised Code as the amount	25006
above which purchases must be competitively bid. If a board of	25007
county hospital trustees adopts those policies and procedures, and	25008
if the board of county commissioners approves them, the board of	25009
county hospital trustees may follow those policies and procedures	25010
in lieu of following the competitive bidding procedures of	25011
sections 307.86 to 307.92 of the Revised Code.	25012

(B) Notwithstanding section 307.86 of the Revised Code, the	25013
board of county hospital trustees is exempt from competitive	25014
bidding as required under that section if the board, by a	25015
unanimous vote of its members, makes a determination that a real	25016
and present emergency exists, and either of the following applies:	25017

(1) The estimated cost is less than one hundred thousand	25018
dollars.	25019

(2) There is actual physical damage to structures or	25020
equipment.	25021

The board shall enter the determination of emergency and the	25022
reasons for it in the minutes of its proceedings.	25023

For purposes of this section, a vote is unanimous if all	25024
members of a board of county hospital trustees are present, or a	25025
lesser number of members of the board if not all members are	25026
present, provided that the number of members present constitutes a	25027
quorum.	25028

Whenever a contract of purchase, lease, or construction is	25029
exempted from competitive bidding because the estimated cost is	25030
less than one hundred thousand dollars, but the estimated cost is	25031
fifty thousand dollars or more, the board shall solicit informal	25032
estimates from not fewer than three persons who could perform the	25033
contract, before awarding the contract. With regard to each such	25034
contract, the board shall maintain a record of the informal	25035
estimates, including the name of each person from whom an informal	25036
estimate was solicited. The board shall maintain the record for	25037
the longer of at least one year after the contract is awarded or	25038
an amount of time required by the federal government.	25039

Sec. 339.06. (A) The board of county hospital trustees, upon	25040
completion of construction or leasing and equipping of a county	25041
hospital, shall assume and continue the operation of the hospital.	25042

(B) The board of county hospital trustees shall have the	25043
entire management and control of the county hospital. The board	25044
may in writing delegate its management and control of the county	25045
hospital to the administrator of the county hospital employed	25046
under section 339.07 of the Revised Code. The board shall	25047
establish such rules for the hospital's government, management,	25048
control, and the admission of persons as are expedient.	25049

(C) The board of county hospital trustees has control of the	25050
property of the county hospital, including management and disposal	25051
of surplus property other than real estate or an interest in real	25052
estate.	25053

(D) With respect to the use of funds by the board of county	25054
hospital trustees and its accounting for the use of funds, all of	25055
the following apply:	25056

(1) The board of county hospital trustees has control of all	25057
funds used in the county hospital's operation, including moneys	25058
received from the operation of the hospital, moneys appropriated	25059
for its operation by the board of county commissioners, and moneys	25060
resulting from special levies submitted by the board of county	25061
commissioners as provided for in section 5705.22 of the Revised	25062
Code.	25063

(2) Of the funds used in the county hospital's operation, all	25064
or part of any amount determined not to be necessary to meet	25065
current demands on the hospital may be invested by the board of	25066
county hospital trustees or its designee in any classifications of	25067
securities and obligations eligible for deposit or investment of	25068
county moneys pursuant to section 135.35 of the Revised Code,	25069
subject to the approval of the board's written investment policy	25070
by the county investment advisory committee established pursuant	25071
to section 135.341 of the Revised Code.	25072

(3) Annually, not later than sixty days before the end of the	25073
fiscal year used by the county hospital, the board of county	25074
hospital trustees shall submit its proposed budget for the ensuing	25075
fiscal year to the board of county commissioners for that board's	25076
review. The board of county commissioners shall review and approve	25077
the proposed budget by the first day of the fiscal year to which	25078
the budget applies. If the board of county commissioners has not	25079
approved the budget by the first day of the fiscal year to which	25080
the budget applies, the budget is deemed to have been approved by	25081
the board on the first day of that fiscal year.	25082

(4) The board of county hospital trustees shall not expend	25083
funds received from taxes collected pursuant to any tax levied	25084
under section 5705.22 of the Revised Code or the amount	25085
appropriated to the county hospital by the board of county	25086
commissioners in the annual appropriation measure for the county	25087
until its budget for the applicable fiscal year is approved in	25088
accordance with division (C)(3) of this section. At any time the	25089
amount received from those sources differs from the amount shown	25090
in the approved budget, the board of county commissioners may	25091
require the board of county hospital trustees to revise the county	25092
hospital budget accordingly.	25093

(5) Funds under the control of the board of county hospital	25094
trustees may be disbursed by the board, consistent with the	25095
approved budget, for the uses and purposes of the county hospital;	25096
for the replacement of necessary equipment; for the acquisition,	25097
leasing, or construction of permanent improvements to county	25098
hospital property; or for making a donation authorized by division	25099
(E) of this section. Each disbursement of funds shall be made on a	25100
voucher signed by signatories designated and approved by the board	25101
of county hospital trustees.	25102

(6) The head of a board of county hospital trustees is not	25103
required to file an estimate of contemplated revenue and	25104
expenditures for the ensuing fiscal year under section 5705.28 of	25105
the Revised Code unless the board of county commissioners levies a	25106
tax for the county hospital, or such a tax is proposed, or the	25107
board of county hospital trustees desires that the board of county	25108
commissioners make an appropriation to the county hospital for the	25109
ensuing fiscal year.	25110

(7) All moneys appropriated by the board of county	25111
commissioners or from special levies by the board of county	25112
commissioners for the operation of the hospital, when collected	25113
shall be paid to the board of county hospital trustees on a	25114
warrant of the county auditor and approved by the board of county	25115
commissioners.	25116

(8) The board of county hospital trustees shall provide for	25117
the conduct of an annual financial audit of the county hospital.	25118
Not later than thirty days after it receives the final report of	25119
an annual financial audit, the board shall file a copy of the	25120
report with the board of county commissioners.	25121

(E) For the public purpose of improving the health, safety,	25122
and general welfare of the community, the board of county hospital	25123
trustees may donate to a nonprofit entity any of the following:	25124

(1) Moneys and other financial assets determined not to be	25125
necessary to meet current demands on the hospital;	25126

(2) Surplus hospital property, including supplies, equipment,	25127
office facilities, and other property that is not real estate or	25128
an interest in real estate;	25129

(3) Services rendered by the hospital.

25130

(F)(1) For purposes of division (F)(2) of this section:

25131

(a) "Bank" has the same meaning as in section 1101.01 of the	25132
Revised Code.	25133

(b) "Savings and loan association" has the same meaning as in	25134
section 1151.01 of the Revised Code.	25135

(c) "Savings bank" has the same meaning as in section 1161.01	25136
of the Revised Code.	25137

(2) The board of county hospital trustees may enter into a	25138
contract for a secured line of credit with a bank, savings and	25139
loan association, or savings bank if the contract meets all of the	25140
following requirements:	25141

(a) The term of the contract does not exceed one year, except	25142
that the contract may provide for the automatic renewal of the	25143
contract for up to four additional one-year periods if, on the	25144
date of automatic renewal, the aggregate outstanding draws	25145
remaining unpaid under the secured line of credit do not exceed	25146
fifty per cent of the maximum amount that can be drawn under the	25147
secured line of credit.	25148

(b) The contract provides that the bank, savings and loan	25149
association, or savings bank shall not commence a civil action	25150
against the board of county commissioners, any member of the	25151
board, or the county to recover the principal, interest, or any	25152
charges or other amounts that remain outstanding on the secured	25153
line of credit at the time of any default by the board of county	25154
hospital trustees.	25155

(c) The contract provides that no assets other than those of	25156
the county hospital can be used to secure the line of credit.	25157

(d) The terms and conditions of the contract comply with all	25158
state and federal statutes and rules governing the extension of a	25159
secured line of credit.	25160

(3) Any obligation incurred by a board of county hospital	25161
trustees under division (F)(2) of this section is an obligation of	25162
that board only and not a general obligation of the board of	25163
county commissioners or the county within the meaning of division	25164
(Q) of section 133.01 of the Revised Code.	25165

(4) Notwithstanding anything to the contrary in the Revised	25166
Code, the board of county hospital trustees may secure the line of	25167
credit authorized under division (F)(2) of this section by the	25168
grant of a security interest in any part or all of its tangible	25169
personal property and intangible personal property, including its	25170
deposit accounts, accounts receivable, or both.	25171

(5) No board of county hospital trustees shall at any time	25172
have more than one secured line of credit under division (F)(2) of	25173
this section.	25174

(G) The board of county hospital trustees shall establish a	25175
schedule of charges for all services and treatment rendered by the	25176
county hospital. It may provide for the free treatment in the	25177
hospital of soldiers, sailors, and marines of the county, under	25178
such conditions and rules as it prescribes.	25179

(H) The board of county hospital trustees may designate the	25180
amounts and forms of insurance protection to be provided, and the	25181
board of county commissioners shall assist in obtaining such	25182
protection. The expense of providing the protection shall be paid	25183
from hospital operating funds.	25184

(I) The board of county hospital trustees may authorize a	25185
county hospital and each of its units, hospital board members,	25186
designated hospital employees, and medical staff members to be a	25187
member of and maintain membership in any local, state, or national	25188
group or association organized and operated for the promotion of	25189
the public health and welfare or advancement of the efficiency of	25190
hospital administration and in connection therewith to use tax	25191
funds for the payment of dues and fees and related expenses but	25192
nothing in this section prohibits the board from using receipts	25193
from hospital operation, other than tax funds, for the payment of	25194
such dues and fees.	25195

(J) The following apply to the board of county hospital	25196
trustees in relation to its employees and the employees of the	25197
county hospital:	25198

(1) The board shall adopt the wage and salary schedule for	25199
employees.	25200

(2) The board may employ the hospital's administrator	25201
pursuant to section 339.07 of the Revised Code, and the	25202
administrator may employ individuals for the hospital in	25203
accordance with that section.	25204

(3) The board may employ assistants as necessary to perform	25205
its clerical work, superintend properly the construction of the	25206
county hospital, and pay the hospital's expenses. Such employees	25207
may be paid from funds provided for the county hospital.	25208

(4) The board may hire, by contract or as salaried employees,	25209
such management consultants, accountants, attorneys, engineers,	25210
architects, construction managers, and other professional advisors	25211
as it determines are necessary and desirable to assist in the	25212
management of the programs and operation of the county hospital.	25213
Such professional advisors may be paid from county hospital	25214
operating funds.	25215

(5) Notwithstanding section 325.19 of the Revised Code, the	25216
board may grant to employees any fringe benefits the board	25217
determines to be customary and usual in the nonprofit hospital	25218
field in its community, including, but not limited to:	25219

(a) Additional vacation leave with full pay for full-time	25220
employees, including full-time hourly rate employees, after	25221
service of one year;	25222

(b) Vacation leave and holiday pay for part-time employees on	25223
a pro rata basis;	25224

(c) Leave with full pay due to death in the employee's	25225
immediate family, which shall not be deducted from the employee's	25226
accumulated sick leave;	25227

(d) Premium pay for working on holidays listed in section	25228
325.19 of the Revised Code;	25229

(e) Moving expenses for new employees;

25230

(f) Discounts on hospital supplies and services.

25231

(6) The board may provide holiday leave by observing Martin	25232
Luther King day, Washington-Lincoln day, Columbus day, and	25233
Veterans' day on days other than those specified in section 1.14	25234
of the Revised Code.	25235

(7) The board may grant to employees the insurance benefits	25236
authorized by section 339.16 of the Revised Code.	25237

(8) Notwithstanding section 325.19 of the Revised Code, the	25238
board may grant to employees, including hourly rate employees,	25239
such personal holidays as the board determines to be customary and	25240
usual in the hospital field in its community.	25241

(9) The board may provide employee recognition awards and	25242
hold employee recognition dinners.	25243

(10) The board may grant to employees the recruitment and	25244
retention benefits specified under division (K) of this section.	25245

(K) Notwithstanding sections 325.191 and 325.20 of the	25246
Revised Code, the board of county hospital trustees may provide,	25247
without the prior authorization of the board of county	25248
commissioners, scholarships for education in the health care	25249
professions, tuition reimbursement, and other staff development	25250
programs to enhance the skills of health care professionals for	25251
the purpose of recruiting or retaining qualified employees.	25252

The board of county hospital trustees may pay reasonable	25253
expenses for recruiting or retaining physicians and other	25254
appropriate health care practitioners.	25255

(L) The board of county hospital trustees may retain counsel	25256
and institute legal action in its own name for the collection of	25257
delinquent accounts. The board may also employ any other lawful	25258
means for the collection of delinquent accounts.	25259

Sec. 339.07. (A) The board of county hospital trustees shall	25260
provide for the administration of the county hospital by directly	25261
employing a hospital administrator or by entering into a contract	25262
for the management of the hospital under which an administrator is	25263
provided. When an administrator is employed directly, the board	25264
shall adopt a job description delineating the administrator's	25265
powers and duties and the board may pay the administrator's salary	25266
and other benefits from funds provided for the hospital.	25267

(B) During the construction and equipping of the hospital,	25268
the administrator shall act in an advisory capacity to the board	25269
of county hospital trustees. After the hospital is completed, the	25270
administrator shall serve as the chief executive officer and shall	25271
carry out the administration of the county hospital according to	25272
the policies set forth by the board and any written delegation.	25273

The administrator shall administer the county hospital, make	25274
reports, and take any other action that the administrator	25275
determines is necessary for the operation of the hospital.	25276

At the end of each fiscal year, the administrator shall	25277
submit to the board a complete financial statement showing the	25278
receipts, revenues, and expenditures in detail for the entire	25279
fiscal year.	25280

The administrator shall ensure that the hospital has such	25281
physicians, nurses, and other employees as are necessary for the	25282
proper care, control, and management of the county hospital and	25283
its patients. The physicians, nurses, and other employees may be	25284
suspended or removed by the administrator at any time the welfare	25285
of the hospital warrants suspension or removal. The administrator	25286
may obtain physicians, nurses, and other employees by direct	25287
employment, entering into contracts, or granting authority to	25288
practice in the hospital. Persons employed directly shall be in	25289
the unclassified civil service, pursuant to section 124.11 of the	25290
Revised Code.	25291

Sec. 340.01. (A) As used in this chapter, "addiction,"	25292
"addiction services," "alcohol and drug addiction services," ~~and~~	25293
"community addiction services provider," "community mental health	25294
services provider," "~~alcohol and drug addiction programs~~gambling	25295
addiction services," "mental health services," and "mental	25296
illness" have the same meanings as in section ~~3793.01~~5119.01 of	25297
the Revised Code.	25298

(B) An alcohol, drug addiction, and mental health service	25299
district shall be established in any county or combination of	25300
counties having a population of at least fifty thousand to provide	25301
~~alcohol and drug~~ addiction services and mental health services.	25302
With the approval of the ~~directors~~director of ~~mental health and~~	25303
~~alcohol and drug addiction services~~mental health and addiction	25304
services, any county or combination of counties having a	25305
population of less than fifty thousand may establish such a	25306
district. Districts comprising more than one county shall be known	25307
as joint-county districts.	25308

The board of county commissioners of any county participating	25309
in a joint-county district may submit a resolution requesting	25310
withdrawal from the district together with a comprehensive plan or	25311
plans that are in compliance with rules adopted by the director of	25312
~~mental health~~mental health and addiction services under ~~section~~	25313
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	25314
~~the department of alcohol and drug addiction services under~~	25315
~~section 3793.05 of the Revised Code~~, and that provide for the	25316
equitable adjustment and division of all services, assets,	25317
property, debts, and obligations, if any, of the joint-county	25318
district to the board of alcohol, drug addiction, and mental	25319
health services, to the boards of county commissioners of each	25320
county in the district, and to the directors. No county	25321
participating in a joint-county service district may withdraw from	25322
the district without the consent of the ~~directors~~director of	25323
~~mental health and alcohol and drug addiction services~~mental	25324
health and addiction services nor earlier than one year after the	25325
submission of such resolution unless all of the participating	25326
counties agree to an earlier withdrawal. Any county withdrawing	25327
from a joint-county district shall continue to have levied against	25328
its tax list and duplicate any tax levied by the district during	25329
the period in which the county was a member of the district until	25330
such time as the levy expires or is renewed or replaced.	25331

Sec. 340.011. (A) This chapter shall be interpreted to	25332
accomplish all of the following:	25333

(1) Establish a unified system of treatment for mentally ill	25334
persons and persons with addictions;	25335

(2) Establish a community support system available for every	25336
alcohol, drug addiction, and mental health service district;	25337

(3) Protect the personal liberty of mentally ill persons so	25338
that they may be treated in the least restrictive environment;	25339

(4) Encourage the development of high quality, cost	25340
effective, and comprehensive services, including culturally	25341
sensitive services;	25342

(5) Foster the development of comprehensive community mental	25343
health services, based on recognized local needs, especially for	25344
severely mentally disabled children, adolescents, and adults;	25345

(6) Ensure that services provided meet minimum standards	25346
established by the director of ~~mental health or the department of~~	25347
~~alcohol and drug addiction services~~mental health and addiction	25348
services;	25349

(7) Promote the delivery of high quality and cost-effective	25350
~~alcohol and drug~~ addiction and mental health services;	25351

(8) Promote the participation of ~~consumers of~~persons	25352
receiving mental health services and ~~alcohol and drug~~ addiction	25353
services in the planning, delivery, and evaluation of these	25354
services.	25355

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	25356
Revised Code shall be construed as requiring a board of county	25357
commissioners to provide resources beyond the total amount set	25358
forth in a ~~community~~budget and statement of services to be	25359
provided by the alcohol, drug addiction, and mental health ~~plan~~	25360
services board, as developed and submitted under section ~~340.03~~	25361
340.08 of the Revised Code~~, to provide the services listed in~~	25362
~~section 340.09 of the Revised Code, and nothing in those chapters~~	25363
~~shall be construed as requiring a board of county commissioners to~~	25364
~~provide resources beyond the total amount set forth in a plan for~~	25365
~~alcohol and drug addiction services, prepared and submitted in~~	25366
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	25367
~~to provide alcohol and drug addiction services~~.	25368

Sec. 340.02. ~~As used in this section, "mental health~~	25369
~~professional" means a person who is qualified to work with~~	25370
~~mentally ill persons, pursuant to standards established by the~~	25371
~~director of mental health under section 5119.611 of the Revised~~	25372
~~Code.~~	25373

(A) For each alcohol, drug addiction, and mental health	25374
service district, there shall be appointed a board of alcohol,	25375
drug addiction, and mental health services consisting of eighteen	25376
members or fourteen members. Should the board of alcohol, drug	25377
addiction, and mental health services elect to remain at eighteen	25378
members, as provided under section 340.02 of the Revised Code as	25379
it existed immediately prior to the date of this amendment, the	25380
board of alcohol, drug addiction, and mental health services and	25381
the board of county commissioners shall not be required to take	25382
any action. Should the board of alcohol, drug addiction, and	25383
mental health services elect a recommendation to become a	25384
fourteen-member board, that recommendation must be approved by the	25385
board of county commissioners of the county in which the alcohol,	25386
drug addiction, and mental health district is located in order for	25387
the transition to a fourteen-member board to occur. Not later than	25388
September 30, 2013, each board of alcohol, drug addiction, and	25389
mental health services wishing to become a fourteen-member board	25390
shall notify the board of county commissioners of that	25391
recommendation. Failure of the board of county commissioners to	25392
take action within thirty days after receipt of the recommendation	25393
shall be deemed agreement by the board of county commissioners to	25394
transition to a fourteen-member board of alcohol, drug addiction,	25395
and mental health services. Should the board of county	25396
commissioners reject the recommendation, the board of county	25397
commissioners shall adopt a resolution stating that rejection	25398
within thirty days after receipt of the recommendation. Upon	25399
adoption of the resolution, the board of county commissioners	25400
shall meet with the board of alcohol, drug addiction, and mental	25401
health services to discuss the matter. After the meeting, the	25402
board of county commissioners shall notify the department of	25403
mental health and addiction services of its election not later	25404
than January 1, 2014. In a joint-county district, a majority of	25405
the boards of county commissioners must not reject the	25406
recommendation of a joint-county board to become a fourteen-member	25407
board in order for the transition to a fourteen-member board to	25408
occur. Should the joint-county district have an even number of	25409
counties, and the boards of county commissioners of these counties	25410
tie in terms of whether or not to accept the recommendation of the	25411
alcohol, drug addiction, and mental health services board, the	25412
recommendation of the alcohol, drug addiction, and mental health	25413
service board to become a fourteen-member board shall prevail. The	25414
election shall be final. Failure to provide notice of its election	25415
to the department on or before January 1, 2014, shall constitute	25416
an election to continue to operate as an eighteen-member board. If	25417
an existing board provides timely notice of its election to	25418
transition to operate as a fourteen-member board, the number of	25419
board members may decline from eighteen to fourteen by attrition	25420
as current members' terms expire. However, the composition of the	25421
board must reflect the requirements set forth in this section for	25422
fourteen-member boards. ~~Nine~~For all boards, half of the members	25423
shall be interested in mental health ~~programs and facilities~~	25424
services and ~~nine other~~half of the members shall be interested	25425
in alcohol or, drug, or gambling addiction ~~programs~~services.	25426
All members shall be residents of the service district. The	25427
membership shall, as nearly as possible, reflect the composition	25428
of the population of the service district as to race and sex.	25429

~~The~~(B) For boards operating as eighteen-member boards, the	25430
director of ~~mental health~~mental health and addiction services	25431
shall appoint ~~four~~eight members of the board~~, the director of~~	25432
~~alcohol and drug addiction services shall appoint four members,~~	25433
and the board of county commissioners shall appoint ten members.	25434
For boards operating as fourteen-member boards, the director of	25435
mental health and addiction services shall appoint six members of	25436
the board and the board of county commissioners shall appoint	25437
eight members. In a joint-county district, the county	25438
commissioners of each participating county shall appoint members	25439
in as nearly as possible the same proportion as that county's	25440
population bears to the total population of the district, except	25441
that at least one member shall be appointed from each	25442
participating county.	25443

(C) The director of ~~mental health~~mental health and addiction	25444
services shall ensure that at least one member of the board is a	25445
~~psychiatrist and one member of the board is a mental health~~	25446
~~professional. If the appointment of a psychiatrist is not~~	25447
~~possible, as determined under rules adopted by the director, a~~	25448
~~licensed physician may be appointed in place of the psychiatrist.~~	25449
~~If the appointment of a licensed physician is not possible, the~~	25450
~~director of mental health may waive the requirement that the~~	25451
~~psychiatrist or licensed physician be a resident of the service~~	25452
~~district and appoint a psychiatrist or licensed physician from a~~	25453
~~contiguous county. The director of mental health shall ensure that~~	25454
clinician with experience in the delivery of mental health	25455
services, at least one member of the board is a person who has	25456
received or is receiving mental health services paid for by public	25457
funds ~~and~~, at least one member of the board is a parent or other	25458
relative of such a person.	25459

~~The director of alcohol and drug addiction services shall~~	25460
~~ensure that at least one member of the board is a professional in~~	25461
~~the field of alcohol or drug addiction services and one member of~~	25462
~~the board is an advocate for persons receiving treatment for~~	25463
~~alcohol or drug addiction. Of the members appointed by the~~	25464
~~director of alcohol and drug addiction services~~, at least one	25465
member of the board is a clinician with experience in the delivery	25466
of addiction services, at least one ~~shall be~~member of the board	25467
is a person who has received or is receiving ~~services for alcohol~~	25468
~~or drug~~ addiction services paid for by public funds, and at least	25469
one ~~shall be~~member of the board is a parent or other relative of	25470
such a person. A single member who meets both qualifications may	25471
fulfill the requirement for a clinician with experience in the	25472
delivery of mental health services and a clinician with experience	25473
in the delivery of addiction services.	25474

(D) No member or employee of a board of alcohol, drug	25475
addiction, and mental health services shall serve as a member of	25476
the board of any ~~agency~~provider with which the board of alcohol,	25477
drug addiction, and mental health services has entered into a	25478
contract for the provision of services or facilities. No member of	25479
a board of alcohol, drug addiction, and mental health services	25480
shall be an employee of any ~~agency~~provider with which the board	25481
has entered into a contract for the provision of services or	25482
facilities~~, unless the board member's employment duties with the~~	25483
~~agency consist of providing, only outside the district the board~~	25484
~~serves, services for which the medicaid program pays~~. No person	25485
shall be an employee of a board and such ~~an agency~~a provider	25486
unless the board and ~~agency~~provider both agree in writing.	25487

(E) No person shall serve as a member of the board of	25488
alcohol, drug addiction, and mental health services whose spouse,	25489
child, parent, brother, sister, grandchild, stepparent, stepchild,	25490
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25491
daughter-in-law, brother-in-law, or sister-in-law serves as a	25492
member of the board of any ~~agency~~provider with which the board of	25493
alcohol, drug addiction, and mental health services has entered	25494
into a contract for the provision of services or facilities. No	25495
person shall serve as a member or employee of the board whose	25496
spouse, child, parent, brother, sister, stepparent, stepchild,	25497
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25498
daughter-in-law, brother-in-law, or sister-in-law serves as a	25499
county commissioner of a county or counties in the alcohol, drug	25500
addiction, and mental health service district.	25501

(F) Each year each board member shall attend at least one	25502
inservice training session provided or approved by the department	25503
of ~~mental health or the department of alcohol and drug addiction~~	25504
~~services~~mental health and addiction services. ~~Such training~~	25505
~~sessions shall not be considered to be regularly scheduled~~	25506
~~meetings of the board.~~	25507

~~Each~~(G) For boards operating as eighteen-member boards, each	25508
member shall be appointed for a term of four years, commencing the	25509
first day of July, except that one-third of initial appointments	25510
to a newly established board, and to the extent possible to	25511
expanded boards, shall be for terms of two years, one-third of	25512
initial appointments shall be for terms of three years, and	25513
one-third of initial appointments shall be for terms of four	25514
years. For boards operating as fourteen-member boards, each member	25515
shall be appointed for a term of four years, commencing the first	25516
day of July, except that four of the initial appointments to a	25517
newly established board, and to the extent possible to expanded	25518
boards, shall be for terms of two years, five initial appointments	25519
shall be for terms of three years, and five initial appointments	25520
shall be for terms of four years. No member shall serve more than	25521
two consecutive four-year terms under the same appointing	25522
authority. A member may serve for three consecutive terms under	25523
the same appointing authority only if one of the terms is for less	25524
than two years. A member who has served two consecutive four-year	25525
terms or three consecutive terms totaling less than ten years is	25526
eligible for reappointment by the same appointing authority one	25527
year following the end of the second or third term, respectively.	25528

When a vacancy occurs, appointment for the expired or	25529
unexpired term shall be made in the same manner as an original	25530
appointment. The appointing authority shall be notified by	25531
certified mail of any vacancy and shall fill the vacancy within	25532
sixty days following that notice.	25533

Any member of the board may be removed from office by the	25534
appointing authority for neglect of duty, misconduct, or	25535
malfeasance in office, and shall be removed by the appointing	25536
authority if the member is barred by this section from serving as	25537
a board member. The member shall be informed in writing of the	25538
charges and afforded an opportunity for a hearing. Upon the	25539
absence of a member within one year from either four board	25540
meetings or from two board meetings without prior notice, the	25541
board shall notify the appointing authority, which may vacate the	25542
appointment and appoint another person to complete the member's	25543
term.	25544

Members of the board shall serve without compensation, but	25545
shall be reimbursed for actual and necessary expenses incurred in	25546
the performance of their official duties, as defined by rules of	25547
the ~~departments~~department of ~~mental health and alcohol and drug~~	25548
~~addiction services~~mental health and addiction services.	25549

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	25550
health service district ~~comprised of a county with a population of~~	25551
~~two hundred fifty thousand or more on October 10, 1989, the board~~	25552
~~of county commissioners shall, within thirty days of October 10,~~	25553
~~1989, establish an alcohol and drug addiction services board as~~	25554
~~the entity responsible for providing alcohol and drug addiction~~	25555
~~services in the county, unless, prior to that date, the board~~	25556
~~adopts a resolution providing that the entity responsible for~~	25557
~~providing the services is a board of alcohol, drug addiction, and~~	25558
~~mental health services. If~~where the board of county commissioners	25559
~~establishes~~has established an alcohol and drug addiction services	25560
board, the community mental health board established under former	25561
section 340.02 of the Revised Code shall serve as the entity	25562
responsible for providing mental health services in the county. A	25563
community mental health board has all the powers, duties, and	25564
obligations of a board of alcohol, drug addiction, and mental	25565
health services with regard to mental health services. An alcohol	25566
and drug addiction services board has all the powers, duties, and	25567
obligations of a board of alcohol, drug addiction, and mental	25568
health services with regard to ~~alcohol and drug~~ addiction	25569
services. Any provision of the Revised Code that refers to a board	25570
of alcohol, drug addiction, and mental health services with regard	25571
to mental health services also refers to a community mental health	25572
board and any provision that refers to a board of alcohol, drug	25573
addiction, and mental health services with regard to alcohol and	25574
drug addiction services also refers to an alcohol and drug	25575
addiction services board.	25576

An alcohol and drug addiction services board shall consist of	25577
eighteen members or fourteen members, ~~six of whom~~at the election	25578
of the board. Not later than January 1, 2014, each alcohol and	25579
drug addiction services board shall notify the department of	25580
mental health and addiction services of its election to operate as	25581
an eighteen-member board or to operate as a fourteen-member board.	25582
The election shall be final. Failure to provide notice of its	25583
election to the department on or before January 1, 2014, shall	25584
constitute an election to continue to operate as an	25585
eighteen-member board. If an existing board provides timely notice	25586
of its election to operate as a fourteen-member board, the number	25587
of board members may decline from eighteen to fourteen by	25588
attrition as current members' terms expire. However, the	25589
composition of the board must reflect the requirements set forth	25590
in this section and in applicable provisions of section 340.02 of	25591
the Revised Code for fourteen-member boards. For boards operating	25592
as eighteen-member boards, six members shall be appointed by the	25593
director of ~~alcohol and drug addiction services~~mental health and	25594
addiction services and twelve ~~of whom~~members shall be appointed	25595
by the board of county commissioners. ~~Of the members appointed by~~	25596
~~the~~The director~~, one shall be~~of mental health and addiction	25597
services shall ensure that at least one member of the board is a	25598
person who has received or is receiving services for alcohol or,	25599
drug, or gambling addiction, at least one ~~shall be~~member is a	25600
parent or relative of such a person, and at least one ~~shall be~~	25601
member is a ~~professional in the field of alcohol or drug~~	25602
clinician with experience in the delivery of addiction services,	25603
~~and one shall be an advocate for persons receiving treatment for~~	25604
~~alcohol or drug addiction~~. The membership of the board shall, as	25605
nearly as possible, reflect the composition of the population of	25606
the service district as to race and sex. Members shall be	25607
residents of the service district and shall be interested in	25608
alcohol ~~and~~, drug, or gambling addiction services. Requirements	25609
for membership, including prohibitions against certain family and	25610
business relationships, and terms of office shall be the same as	25611
those for members of boards of alcohol, drug addiction, and mental	25612
health services.	25613

A community mental health board shall consist of eighteen	25614
members or fourteen members, at the election of the board. Not	25615
later than January 1, 2014, each community mental health board	25616
shall notify the department of mental health and addiction	25617
services of its election to operate as an eighteen-member board or	25618
to operate as a fourteen-member board. The election shall be	25619
final. Failure to provide notice of its election to the department	25620
on or before January 1, 2014, shall constitute an election to	25621
continue to operate as an eighteen-member board. If an existing	25622
board provides timely notice of its election to operate as a	25623
fourteen-member board, the number of board members may decline	25624
from eighteen to fourteen by attrition as current members' terms	25625
expire. However, the composition of the board must reflect the	25626
requirements set forth in this section and in applicable	25627
provisions of section 340.02 of the Revised Code for	25628
fourteen-member boards. For boards operating as eighteen-member	25629
boards, six ~~of whom~~members shall be appointed by the director of	25630
~~mental health~~mental health and addiction services and twelve of	25631
~~whom~~members shall be appointed by the board of county	25632
commissioners. ~~Of the members appointed by the~~The director~~, one~~	25633
~~shall be~~of mental health and addiction services shall ensure that	25634
at least one member of the board is a person who has received or	25635
is receiving mental health services, at least one ~~shall be~~member	25636
is a parent or relative of such a person, and at least one ~~shall~~	25637
bemember is a ~~psychiatrist or a physician, and one shall be a~~	25638
clinician with experience in the delivery of mental health	25639
~~professional~~services. The membership of the board as nearly as	25640
possible shall reflect the composition of the population of the	25641
service district as to race and sex. Members shall be residents of	25642
the service district and shall be interested in mental health	25643
services. Requirements for membership, including prohibitions	25644
against certain family and business relationships, and terms of	25645
office shall be the same as those for members of boards of	25646
alcohol, drug addiction, and mental health services.	25647

(B) ~~If a board of county commissioners subject to division~~	25648
~~(A) of this section did not adopt a resolution providing for a~~	25649
~~board of alcohol, drug addiction, and mental health services, the~~	25650
~~board of county commissioners may establish such a board in~~	25651
~~accordance with the following procedures:~~	25652

~~(1) Not later than January 1, 2007, the board of county~~	25653
~~commissioners shall adopt a resolution expressing its intent to~~	25654
~~establish a board of alcohol, drug addiction, and mental health~~	25655
~~services.~~	25656

~~(2) After adopting a resolution under division (B)(1) of this~~	25657
~~section, the board of county commissioners shall instruct the~~	25658
~~county's community mental health board and alcohol and drug~~	25659
~~addiction services board to prepare a report on the feasibility,~~	25660
~~process, and proposed plan to establish a board of alcohol, drug~~	25661
~~addiction, and mental health services. The board of county~~	25662
~~commissioners shall specify the date by which the report must be~~	25663
~~submitted to the board for its review.~~	25664

~~(3) After reviewing the report prepared under division (B)(2)~~	25665
~~of this section, the board may adopt a final resolution~~	25666
~~establishing a board of alcohol, drug addiction, and mental health~~	25667
~~services. A final resolution establishing such a board shall be~~	25668
~~adopted not later than July 1, 2007.~~	25669

~~(C)~~(1) If a board of county commissioners subject to division	25670
(A) of this section did not adopt a final resolution providing for	25671
a board of alcohol, drug addiction, and mental health services ~~and~~	25672
~~did not establish such a board under division (B) of this section~~	25673
on or before July 1, 2007, the board of county commissioners may	25674
establish a board of alcohol, drug addiction, and mental health	25675
services on or after the effective date of this amendment. To	25676
establish the board, the board of county commissioners shall adopt	25677
a resolution providing for the board's establishment. The	25678
composition of the board, the procedures for appointing members,	25679
and all other matters related to the board and its members are	25680
subject to section 340.02 of the Revised Code, with the following	25681
exceptions:	25682

(a) For initial appointments to the board, the county's	25683
community mental health board and alcohol and drug addiction	25684
services board shall jointly recommend members of those boards for	25685
reappointment and shall submit the recommendations to the board of	25686
county commissioners~~, director of mental health,~~ and the director	25687
of ~~alcohol and drug addiction services~~mental health and addiction	25688
services.	25689

(b) To the greatest extent possible, the appointing	25690
authorities shall appoint the initial members from among the	25691
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	25692
section.	25693

(2) If a board of alcohol, drug addiction, and mental health	25694
services is established pursuant to division ~~(C)~~(B)(1) of this	25695
section, the board has the same rights, privileges, immunities,	25696
powers, and duties that were possessed by the county's community	25697
mental health board and alcohol and drug addiction services board.	25698
When the board is established, all property and obligations of the	25699
community mental health board and alcohol and drug addiction	25700
services board shall be transferred to the board of alcohol, drug	25701
addiction, and mental health services.	25702

Sec. 340.03. (A) Subject to rules issued by the director of	25703
~~mental health~~mental health and addiction services after	25704
consultation with relevant constituencies as required by division	25705
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	25706
~~regard to mental health services,~~ the board of alcohol, drug	25707
addiction, and mental health services shall:	25708

(1) Serve as the community addiction and mental health	25709
services planning agency for the county or counties under its	25710
jurisdiction, and in so doing it shall:	25711

(a) Evaluate the need for facilities and community addiction	25712
and mental health services;	25713

(b) In cooperation with other local and regional planning and	25714
funding bodies and with relevant ethnic organizations, assess the	25715
community addiction and mental health needs, evaluate strengths	25716
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	25717
~~operation of facilities and~~ community addiction and mental health	25718
services, including treatment and prevention. When the board sets	25719
priorities for the operation of addiction services, the board	25720
shall consult with the county commissioners of the counties in the	25721
board's service district regarding the services described in	25722
section 340.15 of the Revised Code and shall give priority to	25723
those services, except that those services shall not have a	25724
priority over services provided to pregnant women under programs	25725
developed in relation to the mandate established in section	25726
5119.17 of the Revised Code;	25727

(c) In accordance with guidelines issued by the director of	25728
~~mental health~~mental health and addiction services after	25729
consultation with board representatives, annually develop and	25730
submit to the department of ~~mental health~~mental health and	25731
addiction services a community addiction and mental health	25732
services plan listing community addiction and mental health	25733
services needs, including the needs of all residents of the	25734
district ~~now residing in state mental institutions and severely~~	25735
~~mentally disabled adults, children, and adolescents;~~currently	25736
receiving inpatient services in state-operated hospitals, the	25737
needs of other populations as required by state or federal law or	25738
programs, the needs of all children subject to a determination	25739
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	25740
priorities for facilities and community addiction and mental	25741
health services ~~that are or will be in operation or provided~~	25742
during the period for which the plan will be in ~~operation in the~~	25743
~~service district to meet such needs~~effect.	25744

In alcohol, drug addiction, and mental health service	25745
districts that have separate alcohol and drug addiction services	25746
and community mental health boards, the alcohol and drug addiction	25747
services board shall submit a community addiction services plan	25748
and the community mental health board shall submit a community	25749
mental health services plan. Each board shall consult with its	25750
counterpart in developing its plan and address the interaction	25751
between the local addiction services and mental health services	25752
systems and populations with regard to needs and priorities in	25753
developing its plan.	25754

~~The plan shall include, but not be limited to, a statement of~~	25755
~~which of the services listed in section 340.09 of the Revised Code~~	25756
~~the board intends to make available. The board must include crisis~~	25757
~~intervention services for individuals in an emergency situation in~~	25758
~~the plan and explain how the board intends to make such services~~	25759
~~available. The plan must also include a statement of the inpatient~~	25760
~~and community-based services the board proposes that the~~	25761
~~department operate, an assessment of the number and types of~~	25762
~~residential facilities needed, such other information as the~~	25763
~~department requests, and a budget for moneys the board expects to~~	25764
~~receive.~~ The department shall approve or disapprove the plan, in	25765
whole or in part, according to the criteria developed pursuant to	25766
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	25767
~~statement of approval or disapproval shall specify the inpatient~~	25768
~~and the community-based services that the department will operate~~	25769
~~for the board.~~ Eligibility for state and federal funding shall be	25770
contingent upon an approved plan or relevant part of a plan.	25771

If a board determines that it is necessary to amend a plan or	25772
~~an allocation request~~ that has been approved under this division	25773
~~(A)(1)(c) of this section~~, the board shall submit a proposed	25774
amendment to the director. The director may approve or disapprove	25775
all or part of the amendment. The director shall inform the board	25776
of the reasons for disapproval of all or part of an amendment and	25777
of the criteria that must be met before the amendment may be	25778
approved. The director shall provide the board an opportunity to	25779
present its case on behalf of the amendment. The director shall	25780
give the board a reasonable time in which to meet the criteria,	25781
and shall offer the board technical assistance to help it meet the	25782
criteria.	25783

The board shall ~~implement~~operate in accordance with the plan	25784
approved by the department.	25785

(d) Promote, arrange, and implement working agreements with	25786
social agencies, both public and private, and with judicial	25787
agencies.	25788

(2) Investigate, or request another agency to investigate,	25789
any complaint alleging abuse or neglect of any person receiving	25790
services from a community addiction or mental health ~~agency as~~	25791
~~defined in section 5122.01 of the Revised Code~~services provider	25792
certified under section 5119.36 of the Revised Code or alleging	25793
abuse or neglect of a ~~person~~resident receiving addiction services	25794
or with mental illness or severe mental disability residing in a	25795
residential facility licensed under section ~~5119.22~~5119.34 of the	25796
Revised Code. If the investigation substantiates the charge of	25797
abuse or neglect, the board shall take whatever action it	25798
determines is necessary to correct the situation, including	25799
notification of the appropriate authorities. Upon request, the	25800
board shall provide information about such investigations to the	25801
department.	25802

(3) For the purpose of section ~~5119.611~~5119.36 of the	25803
Revised Code, cooperate with the director of ~~mental health~~mental	25804
health and addiction services in visiting and evaluating whether	25805
the services of a community addiction or mental health ~~agency~~	25806
services provider satisfy the certification standards established	25807
by rules adopted under that section;	25808

(4) In accordance with criteria established under division	25809
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	25810
program audits that review and evaluate the quality,	25811
effectiveness, and efficiency of services provided through its	25812
community addiction and mental health ~~plan~~contracted services and	25813
submit its findings and recommendations to the department of	25814
~~mental health~~mental health and addiction services;	25815

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	25816
Code, review an application for a residential facility license and	25817
provide to the department of ~~mental health~~mental health and	25818
addiction services any information about the applicant or facility	25819
that the board would like the department to consider in reviewing	25820
the application;	25821

(6) ~~Audit, in accordance with rules adopted by the auditor of~~	25822
~~state pursuant to section 117.20 of the Revised Code, at least~~	25823
~~annually all programs and services provided under contract with~~	25824
~~the board. In so doing, the board may contract for or employ the~~	25825
~~services of private auditors. A~~Obtain a copy of the fiscal audit	25826
report of all provider organizations under contract with the	25827
board. The fiscal audit report shall be provided to the director	25828
of ~~mental health~~mental health and addiction services, the auditor	25829
of state, and the county auditor of each county in the board's	25830
district. Nothing in division (A)(6) of this section shall be	25831
interpreted as prohibiting or requiring the inclusion of	25832
provisions requiring performance audits or periodic fiscal reports	25833
in contracts negotiated between the board and services providers.	25834
However, any provision in such a contract requiring a performance	25835
audit or periodic fiscal report shall relate only to programs and	25836
services paid for by the board in question with local funds.	25837

(7) Recruit and promote local financial support for addiction	25838
and mental health ~~programs~~services from private and public	25839
sources;	25840

(8)(a) Enter into contracts with public and private	25841
facilities for the operation of facility services ~~included in the~~	25842
~~board's community mental health plan~~ and enter into contracts with	25843
public and private community addiction and mental health ~~agencies~~	25844
service providers for the provision of community addiction and	25845
mental health services ~~that are listed in section 340.09 of the~~	25846
~~Revised Code and included in the board's community mental health~~	25847
~~plan~~. The board may not contract with a residential facility	25848
subject to section 5119.34 of the Revised Code unless the facility	25849
is licensed by the director of mental health and addiction	25850
services and may not contract with a community addiction or mental	25851
health ~~agency~~services provider to provide community addiction or	25852
mental health services ~~included in the board's community mental~~	25853
~~health plan~~ unless the services are certified by the director of	25854
~~mental health~~mental health and addiction services under section	25855
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	25856
Revised Code does not apply to contracts entered into under this	25857
division. In contracting with a community addiction or mental	25858
health ~~agency~~services provider, a board shall consider the cost	25859
effectiveness of services provided by that ~~agency~~provider and	25860
the quality and continuity of care, and may review cost elements,	25861
including salary costs, of the services to be provided. A	25862
utilization review process ~~shall~~may be established as part of the	25863
contract for services entered into between a board and a community	25864
addiction or mental health ~~agency~~services provider. The board	25865
may establish this process in a way that is most effective and	25866
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	25867
~~with a community mental health agency or facility, as defined in~~	25868
~~section 5111.023 of the Revised Code, to provide services listed~~	25869
~~in division (B) of that section shall provide for the agency or~~	25870
~~facility to be paid in accordance with the contract entered into~~	25871
~~between the departments of job and family services and mental~~	25872
~~health under section 5111.91 of the Revised Code and any rules~~	25873
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	25874

If either the board or a facility or community addiction or	25875
mental health ~~agency~~services provider with which the board	25876
contracts under this division ~~(A)(8)(a) of this section~~ proposes	25877
not to renew the contract or proposes substantial changes in	25878
contract terms, the other party shall be given written notice at	25879
least one hundred twenty days before the expiration date of the	25880
contract. During the first sixty days of this one hundred	25881
twenty-day period, both parties shall attempt to resolve any	25882
dispute through good faith collaboration and negotiation in order	25883
to continue to provide services to persons in need. If the dispute	25884
has not been resolved sixty days before the expiration date of the	25885
contract, either party may notify the department of ~~mental health~~	25886
mental health and addiction services of the unresolved dispute.	25887
The director may require both parties to submit the dispute to a	25888
third party with the cost to be shared by the board and the	25889
facility or ~~community mental health agency~~provider. The third	25890
party shall issue to the board, the facility or ~~agency~~provider,	25891
and the department recommendations on how the dispute may be	25892
resolved twenty days prior to the expiration date of the contract,	25893
unless both parties agree to a time extension. The director shall	25894
adopt rules establishing the procedures of this dispute resolution	25895
process.	25896

(b) With the prior approval of the director of ~~mental health~~	25897
mental health and addiction services, a board may operate a	25898
facility or provide a community addiction or mental health service	25899
as follows, if there is no other qualified private or public	25900
facility or community addiction or mental health ~~agency~~services	25901
provider that is immediately available and willing to operate such	25902
a facility or provide the service:	25903

(i) In an emergency situation, any board may operate a	25904
facility or provide a community addiction or mental health service	25905
in order to provide essential services for the duration of the	25906
emergency;	25907

(ii) In a service district with a population of at least one	25908
hundred thousand but less than five hundred thousand, a board may	25909
operate a facility or provide a community addiction or mental	25910
health service for no longer than one year;	25911

(iii) In a service district with a population of less than	25912
one hundred thousand, a board may operate a facility or provide a	25913
community addiction or mental health service for no longer than	25914
one year, except that such a board may operate a facility or	25915
provide a community addiction or mental health service for more	25916
than one year with the prior approval of the director and the	25917
prior approval of the board of county commissioners, or of a	25918
majority of the boards of county commissioners if the district is	25919
a joint-county district.	25920

The director shall not give a board approval to operate a	25921
facility or provide a community addiction or mental health service	25922
under division (A)(8)(b)(ii) or (iii) of this section unless the	25923
director determines that it is not feasible to have the department	25924
operate the facility or provide the service.	25925

The director shall not give a board approval to operate a	25926
facility or provide a community addiction or mental health service	25927
under division (A)(8)(b)(iii) of this section unless the director	25928
determines that the board will provide greater administrative	25929
efficiency and more or better services than would be available if	25930
the board contracted with a private or public facility or	25931
community addiction or mental health ~~agency~~services provider.	25932

The director shall not give a board approval to operate a	25933
facility previously operated by a person or other government	25934
entity unless the board has established to the director's	25935
satisfaction that the person or other government entity cannot	25936
effectively operate the facility or that the person or other	25937
government entity has requested the board to take over operation	25938
of the facility. The director shall not give a board approval to	25939
provide a community addiction or mental health service previously	25940
provided by a community addiction or mental health ~~agency~~services	25941
provider unless the board has established to the director's	25942
satisfaction that the ~~agency~~provider cannot effectively provide	25943
the service or that the ~~agency~~provider has requested the board	25944
take over providing the service.	25945

The director shall review and evaluate a board's operation of	25946
a facility and provision of community addiction or mental health	25947
service under division (A)(8)(b) of this section.	25948

Nothing in division (A)(8)(b) of this section authorizes a	25949
board to administer or direct the daily operation of any facility	25950
or community addiction or mental health ~~agency~~services provider,	25951
but a facility or ~~agency~~provider may contract with a board to	25952
receive administrative services or staff direction from the board	25953
under the direction of the governing body of the facility or	25954
~~agency~~provider.	25955

(9) Approve fee schedules and related charges or adopt a unit	25956
cost schedule or other methods of payment for contract services	25957
provided by community addiction or mental health ~~agencies~~services	25958
providers in accordance with guidelines issued by the department	25959
as necessary to comply with state and federal laws pertaining to	25960
financial assistance;	25961

(10) Submit to the director and the county commissioners of	25962
the county or counties served by the board, and make available to	25963
the public, an annual report of the ~~programs~~services under the	25964
jurisdiction of the board, including a fiscal accounting;	25965

(11) Establish, to the extent resources are available, a	25966
~~community support system~~continuum of care, which provides for	25967
prevention, treatment, support, and rehabilitation services and	25968
opportunities. The essential elements of the ~~system~~continuum	25969
include, but are not limited to, the following components in	25970
accordance with section ~~5119.06~~5119.21 of the Revised Code:	25971

(a) To locate persons in need of addiction or mental health	25972
services to inform them of available services and benefits	25973
~~mechanisms~~;	25974

(b) Assistance for ~~clients~~persons receiving services to	25975
obtain services necessary to meet basic human needs for food,	25976
clothing, shelter, medical care, personal safety, and income;	25977

(c) ~~Mental~~Addiction and mental health ~~care~~services,	25978
including, but not limited to, outpatient, residential, partial	25979
hospitalization, and, where appropriate, inpatient care;	25980

(d) Emergency services and crisis intervention;

25981

(e) Assistance for ~~clients~~persons receiving services to	25982
obtain vocational services and opportunities for jobs;	25983

(f) The provision of services designed to develop social,	25984
community, and personal living skills;	25985

(g) Access to a wide range of housing and the provision of	25986
residential treatment and support;	25987

(h) Support, assistance, consultation, and education for	25988
families, friends, ~~consumers of~~persons receiving addiction or	25989
mental health services, and others;	25990

(i) Recognition and encouragement of families, friends,	25991
neighborhood networks, especially networks that include racial and	25992
ethnic minorities, churches, community organizations, and	25993
~~meaningful~~community employment as natural supports for ~~consumers~~	25994
ofpersons receiving addiction or mental health services;	25995

(j) Grievance procedures and protection of the rights of	25996
~~consumers of~~persons receiving addiction or mental health	25997
services;	25998

(k) ~~Case management~~Community psychiatric supportive	25999
treatment services, which includes continual individualized	26000
assistance and advocacy to ensure that needed services are offered	26001
and procured.	26002

(12) Establish a method for evaluating referrals for	26003
involuntary commitment and affidavits filed pursuant to section	26004
5122.11 of the Revised Code in order to assist the probate	26005
division of the court of common pleas in determining whether there	26006
is probable cause that a respondent is subject to involuntary	26007
hospitalization and what alternative treatment is available and	26008
appropriate, if any;	26009

(13) Designate the treatment ~~program~~services, ~~agency~~	26010
provider, or facility, or other placement for each person	26011
involuntarily committed to the board pursuant to Chapter 5122. of	26012
the Revised Code ~~and authorize payment for such treatment~~. The	26013
board shall provide the least restrictive and most appropriate	26014
alternative that is available for any person involuntarily	26015
committed to it and shall assure that the listed services ~~listed~~	26016
insubmitted and approved in accordance with division (B) of	26017
section ~~340.09~~340.08 of the Revised Code are available to	26018
severely mentally disabled persons residing within its service	26019
district. The board shall establish the procedure for authorizing	26020
payment for services, which may include prior authorization in	26021
appropriate circumstances. The board may provide for services	26022
directly to a severely mentally disabled person when life or	26023
safety is endangered and when no community mental health ~~agency~~	26024
services provider is available to provide the service.	26025

~~(13) Establish a method for evaluating referrals for~~	26026
~~involuntary commitment and affidavits filed pursuant to section~~	26027
~~5122.11 of the Revised Code in order to assist the probate~~	26028
~~division of the court of common pleas in determining whether there~~	26029
~~is probable cause that a respondent is subject to involuntary~~	26030
~~hospitalization and what alternative treatment is available and~~	26031
~~appropriate, if any;~~	26032

(14) Ensure that apartments or rooms built, subsidized,	26033
renovated, rented, owned, or leased by the board or a community	26034
addiction or mental health ~~agency~~services provider have been	26035
approved as meeting minimum fire safety standards and that persons	26036
residing in the rooms or apartments are receiving appropriate and	26037
necessary services, including culturally relevant services, from a	26038
community addiction or mental health ~~agency~~services provider.	26039
This division does not apply to residential facilities licensed	26040
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	26041

(15) Establish a mechanism for obtaining advice and	26042
involvement of ~~consumer recommendation and advice~~persons	26043
receiving publicly funded addiction or mental health services on	26044
matters pertaining to addiction and mental health services in the	26045
alcohol, drug addiction, and mental health service district;	26046

(16) Perform the duties required by rules adopted under	26047
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	26048
the board or mental health ~~agencies~~services providers under	26049
contract with the board of individuals with mental illness or	26050
severe mental disability to residential facilities as defined in	26051
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	26052
Code and effective arrangements for ongoing mental health services	26053
for the individuals. The board is accountable in the manner	26054
specified in the rules for ensuring that the ongoing mental health	26055
services are effectively arranged for the individuals.	26056

(B) The board shall establish such rules, operating	26057
procedures, standards, and bylaws, and perform such other duties	26058
as may be necessary or proper to carry out the purposes of this	26059
chapter.	26060

(C) A board of alcohol, drug addiction, and mental health	26061
services may receive by gift, grant, devise, or bequest any	26062
moneys, lands, or property for the benefit of the purposes for	26063
which the board is established, and may hold and apply it	26064
according to the terms of the gift, grant, or bequest. All money	26065
received, including accrued interest, by gift, grant, or bequest	26066
shall be deposited in the treasury of the county, the treasurer of	26067
which is custodian of the alcohol, drug addiction, and mental	26068
health services funds to the credit of the board and shall be	26069
available for use by the board for purposes stated by the donor or	26070
grantor.	26071

(D) No board member or employee of a board of alcohol, drug	26072
addiction, and mental health services shall be liable for injury	26073
or damages caused by any action or inaction taken within the scope	26074
of the board member's official duties or the employee's	26075
employment, whether or not such action or inaction is expressly	26076
authorized by this section~~, section 340.033,~~ or any other section	26077
of the Revised Code, unless such action or inaction constitutes	26078
willful or wanton misconduct. Chapter 2744. of the Revised Code	26079
applies to any action or inaction by a board member or employee of	26080
a board taken within the scope of the board member's official	26081
duties or employee's employment. For the purposes of this	26082
division, the conduct of a board member or employee shall not be	26083
considered willful or wanton misconduct if the board member or	26084
employee acted in good faith and in a manner that the board member	26085
or employee reasonably believed was in or was not opposed to the	26086
best interests of the board and, with respect to any criminal	26087
action or proceeding, had no reasonable cause to believe the	26088
conduct was unlawful.	26089

(E) The meetings held by any committee established by a board	26090
of alcohol, drug addiction, and mental health services shall be	26091
considered to be meetings of a public body subject to section	26092
121.22 of the Revised Code.	26093

Sec. 340.031. A board of alcohol, drug addiction, and mental	26094
health services may:	26095

(A) Inspect any residential facility licensed under section	26096
~~5119.22~~5119.34 of the Revised Code and located in its district,	26097
~~pursuant to a contract with the department of mental health~~;	26098

(B) Acquire, convey, lease, or enter into a contract to	26099
purchase, lease, or sell property for community addiction and	26100
mental health ~~and alcohol and drug addiction~~ services and related	26101
purposes, and enter into loan agreements, including mortgages, for	26102
the acquisition of such property.	26103

Sec. 340.032. The board of alcohol, drug addiction, and	26104
mental health services shall employ a qualified mental health or	26105
~~alcohol or drug~~ addiction services professional with experience in	26106
administration or a professional administrator with experience in	26107
mental health or ~~alcohol or drug~~ addiction services to serve as	26108
executive director of the board and shall prescribe the director's	26109
duties.	26110

The board shall fix the compensation of the executive	26111
director. In addition to such compensation, the director shall be	26112
reimbursed for actual and necessary expenses incurred in the	26113
performance of ~~his~~the director's official duties. The board, by	26114
majority vote of the full membership, may remove the director for	26115
cause, upon written charges, after an opportunity has been	26116
afforded ~~him~~the director for a hearing before the board on	26117
request.	26118

The board may delegate to its executive director the	26119
authority to act in its behalf in the performance of its	26120
administrative duties.	26121

As used in this section, "mental health professional" and	26122
"addiction services professional" mean an individual who is	26123
qualified to work with mentally ill persons or persons receiving	26124
addiction services, pursuant to standards established by the	26125
director of mental health and addiction services under Chapter	26126
5119. of the Revised Code.	26127

Sec. 340.04. In addition to such other duties as may be	26128
lawfully imposed, the executive director of a board of alcohol,	26129
drug addiction, and mental health services shall:	26130

(A) Serve as executive officer of the board and subject to	26131
the prior approval of the board for each contract, execute	26132
contracts on its behalf;	26133

(B) Supervise services and facilities provided, operated,	26134
contracted, or supported by the board to the extent of determining	26135
that ~~programs~~services and facilities are being administered in	26136
conformity with this chapter and rules of the director of ~~mental~~	26137
~~health and the department of~~ ~~alcohol and drug addiction services~~	26138
mental health and addiction services;	26139

(C) Provide consultation to ~~agencies, associations, or~~	26140
~~individuals~~addiction and mental health services providers	26141
providing services supported by the board;	26142

(D) Recommend to the board the changes necessary to increase	26143
the effectiveness of addiction and mental health services ~~and~~	26144
~~alcohol and drug addiction services~~ and other matters necessary or	26145
desirable to carry out this chapter;	26146

(E) Employ and remove from office such employees and	26147
consultants in the classified civil service and, subject to the	26148
approval of the board, employ and remove from office such other	26149
employees and consultants as may be necessary for the work of the	26150
board, and fix their compensation and reimbursement within the	26151
limits set by the salary schedule and the budget approved by the	26152
board;	26153

(F) Encourage the development and expansion of preventive,	26154
treatment, rehabilitative, and consultative ~~programs~~services in	26155
the field of addiction and mental health services with emphasis on	26156
continuity of care;	26157

(G) Prepare for board approval an annual report of the	26158
~~programs~~services and facilities under the jurisdiction of the	26159
board, including a fiscal accounting of all services;	26160

(H) Conduct such studies as may be necessary and practicable	26161
for the promotion of mental health, promotion of addiction	26162
services, and the prevention of mental illness, emotional	26163
disorders, and addiction ~~to alcohol and drugs~~;	26164

(I) Authorize the county auditor, or in a joint-county	26165
district the county auditor designated as the auditor for the	26166
district, to issue warrants for the payment of board obligations	26167
approved by the board, provided that all payments from funds	26168
distributed to the board by the department of mental health and	26169
addiction services are in accordance with the ~~comprehensive~~	26170
~~community mental health plan~~budget submitted pursuant to section	26171
340.08 of the Revised Code, as approved by the department of	26172
~~mental health, or with the alcohol and drug addiction services~~	26173
~~plan as approved by the department of alcohol and drug addiction~~	26174
~~services~~mental health and addiction services.	26175

Sec. 340.05. A community addiction or mental health ~~agency~~	26176
services provider that receives a complaint alleging abuse or	26177
neglect of an individual with mental illness or severe mental	26178
disability, or an individual receiving addiction services, who	26179
resides in a residential facility as defined in division (A)(9)(b)	26180
of section ~~5119.22~~5119.34 of the Revised Code shall report the	26181
complaint to the board of alcohol, drug addiction, and mental	26182
health services serving the alcohol, drug addiction, and mental	26183
health service district in which the residential facility is	26184
located. A board of alcohol, drug addiction, and mental health	26185
services that receives such a complaint or a report from a	26186
community addiction or mental health ~~agency~~services provider of	26187
such a complaint shall report the complaint to the director of	26188
~~mental health~~mental health and addiction services for the	26189
purpose of the director conducting an investigation under section	26190
~~5119.22~~5119.34 of the Revised Code. The board may enter the	26191
facility with or without the director and, if the health and	26192
safety of a resident is in immediate danger, take any necessary	26193
action to protect the resident. The board's action shall not	26194
violate any resident's rights specified in rules adopted by the	26195
department of ~~mental health~~mental health and addiction services	26196
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	26197
immediately report to the director regarding the board's actions	26198
under this section.	26199

Sec. 340.07. The board of county commissioners of any county	26200
participating in an alcohol, drug addiction, and mental health	26201
service district or joint-county district, upon receipt from the	26202
board of alcohol, drug addition, and mental health services of a	26203
resolution so requesting, may appropriate money to such board for	26204
the operation, lease, acquisition, construction, renovation, and	26205
maintenance of addiction or mental health services~~, programs,~~	26206
providers and facilities ~~for mentally ill and emotionally~~	26207
~~disturbed persons~~ in accordance with the comprehensive community	26208
addiction and mental health ~~plan or for alcohol and drug addiction~~	26209
~~programs in accordance with the alcohol and drug addiction~~	26210
~~services plan~~services budget approved by the department of mental	26211
health and addiction services pursuant to section 340.08 of the	26212
Revised Code.	26213

Sec. 340.08. In accordance with rules or guidelines issued	26214
by the director of mental health and addiction services, each	26215
board of alcohol, drug addiction, and mental health services shall	26216
do all of the following:	26217

(A) Submit to the department a report of receipts and	26218
expenditures for all federal, state, and local moneys the board	26219
expects to receive;	26220

(1) The report shall identify funds the board and public	26221
children services agencies in the board's service district have	26222
available to fund jointly the services described in section 340.15	26223
of the Revised Code.	26224

(2) The board's proposed budget for expenditures of state and	26225
federal funds distributed to the board by the department shall be	26226
deemed an application for funds, and the department shall approve	26227
or disapprove the budget for these expenditures. The department	26228
shall inform the board of the reasons for disapproval of the	26229
budget for the expenditure of state and federal funds and of the	26230
criteria that must be met before the budget may be approved. The	26231
director shall provide the board an opportunity to present its	26232
case on behalf of the submitted budget. The director shall give	26233
the board a reasonable time in which to meet the criteria and	26234
shall offer the board technical assistance to help it meet the	26235
criteria.	26236

If a board determines that it is necessary to amend a budget	26237
that has been approved under this section, the board shall submit	26238
a proposed amendment to the director. The director may approve or	26239
disapprove all or part of the amendment. The director shall inform	26240
the board of the reasons for disapproval of all or part of the	26241
amendment and of the criteria that must be met before the	26242
amendment may be approved. The director shall provide the board an	26243
opportunity to present its case on behalf of the amendment. The	26244
director shall give the board a reasonable time in which to meet	26245
the criteria and shall offer the board technical assistance to	26246
help it meet the criteria.	26247

(3) The director of mental health and addiction services, in	26248
whole or in part, may withhold funds otherwise to be allocated to	26249
a board of alcohol, drug addiction, and mental health services	26250
under Chapter 5119. of the Revised Code if the board's use of	26251
state and federal funds fails to comply with the approved budget,	26252
as it may be amended with the approval of the department.	26253

(B) Submit to the department a statement identifying the	26254
services described in section 340.09 of the Revised Code the board	26255
intends to make available. The board shall include crisis	26256
intervention services for individuals in emergency situations and	26257
services required pursuant to section 340.15 of the Revised Code,	26258
and the board shall explain the manner in which the board intends	26259
to make such services available. The list of services shall be	26260
compatible with the budget submitted pursuant to division (A) of	26261
this section. The department shall approve or disapprove the	26262
proposed listing of services to be made available. The department	26263
shall inform the board of the reasons for disapproval of the	26264
listing of proposed services and of the criteria that must be met	26265
before listing of proposed services may be approved. The director	26266
shall provide the board an opportunity to present its case on	26267
behalf of the submitted listing of proposed services. The director	26268
shall give the board a reasonable time in which to meet the	26269
criteria and shall offer the board technical assistance to help it	26270
meet the criteria.	26271

(C) Enter into a continuity of care agreement with the state	26272
institution operated by the department of mental health and	26273
addiction services and designated as the institution serving the	26274
district encompassing the board's service district. Subject to	26275
division (B) of section 340.011 of the Revised Code, the	26276
continuity of care agreement shall outline the department's and	26277
the board's responsibilities to plan for and coordinate with each	26278
other to address the needs of board residents who are patients in	26279
the institution, with an emphasis on managing appropriate hospital	26280
bed day use and discharge planning.	26281

(D) In conjunction with the department of mental health and	26282
addiction services, operate a coordinated system for tracking and	26283
monitoring persons found not guilty by reason of insanity and	26284
committed pursuant to section 2945.40 of the Revised Code who have	26285
been granted a conditional release and persons found incompetent	26286
to stand trial and committed pursuant to section 2945.39 of the	26287
Revised Code who have been granted a conditional release. The	26288
system shall do all of the following:	26289

(1) Centralize responsibility for the tracking of those	26290
persons;	26291

(2) Provide for uniformity in monitoring those persons;

26292

(3) Provide a mechanism to allow prompt rehospitalization,	26293
reinstitutionalization, or detention when a violation of the	26294
conditional release or decompensation occurs.	26295

(E) Submit to the department a report summarizing complaints	26296
and grievances received by the board concerning the rights of	26297
persons seeking or receiving services, investigations of	26298
complaints and grievances, and outcomes of the investigations.	26299

(F) Provide to the department information to be submitted to	26300
the community addiction and mental health information system or	26301
systems established by the department under Chapter 5119. of the	26302
Revised Code.	26303

(G) Annually, and upon any change in membership, submit to	26304
the department a list of all current members of the board of	26305
alcohol, drug addiction, and mental health services, including the	26306
appointing authority for each member, and the member's specific	26307
qualification for appointment pursuant to section 340.02 or	26308
340.021 of the Revised Code, if applicable.	26309

(H) Submit to the department other information as is	26310
reasonably required for purposes of the department's operations,	26311
service evaluation, reporting activities, research, system	26312
administration, and oversight.	26313

Sec. 340.09. (A) The department of ~~mental health~~mental	26314
health and addiction services shall provide assistance to any	26315
county for the operation of boards of alcohol, drug addiction, and	26316
mental health services ~~and~~, the provision of ~~the following~~	26317
services approved by the department within the continuum of care,	26318
the provision of approved support functions, and the partnership	26319
in, or support for, approved continuum of care-related activities	26320
from funds appropriated for that purpose by the general assembly:.	26321

~~(A) Outpatient;~~

26322

(B) Categories in the continuum of care may include all of	26323
the following:	26324

(1) Inpatient;

26325

~~(C) Partial hospitalization~~(2) Residential;

26326

~~(D) Rehabilitation~~(3) Outpatient treatment;

26327

~~(E)~~(4) Intensive and other supports;

26328

(5) Recovery support;

26329

(6) Prevention and wellness management.

26330

26331

(1) Consultation;

26332

~~(F) Mental health education and other preventive services;~~

26333

~~(G) Emergency;~~

26334

~~(H) Crisis intervention;~~

26335

~~(I)~~(2) Research;

26336

~~(J)~~(3) Administrative;

26337

~~(K)~~(4) Referral and information;

26338

~~(L) Residential;~~

26339

~~(M)~~(5) Training;

26340

~~(N) Substance abuse;~~

26341

~~(O)~~(6) Service and program evaluation;

26342

~~(P) Community support system;~~

26343

~~(Q) Case management;~~

26344

~~(R) Residential housing;~~

26345

~~(S) Other services approved by the board and the director of~~	26346
~~mental health~~.	26347

Sec. 340.091. Each board of alcohol, drug addiction, and	26348
mental health services shall contract with a community mental	26349
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	26350
section 340.03 of the Revised Code for the ~~agency~~provider to do	26351
all of the following in accordance with rules adopted under	26352
section ~~5119.61~~5119.22 of the Revised Code for an individual	26353
referred to the ~~agency~~provider under division (D)(2) of section	26354
~~5119.69~~5119.41 of the Revised Code:	26355

(A) Assess the individual and, if the ~~agency~~provider	26356
determines that the environment in which the individual will be	26357
living while receiving residential state supplement payments is	26358
appropriate for the individual's needs, issue a recommendation to	26359
the referring residential state supplement administrative agency	26360
that the referring agency should conclude that the living	26361
environment is appropriate when it makes its determination	26362
regarding the appropriateness of the environment;	26363

(B) Provide ongoing monitoring to ensure that listed services	26364
~~provided under~~submitted and approved under division (B) of	26365
section ~~340.09~~340.08 of the Revised Code are available to the	26366
individual;	26367

(C) Provide discharge planning to ensure the individual's	26368
earliest possible transition to a less restrictive environment.	26369

Sec. 340.10. The county auditor or, in a joint-county	26370
alcohol, drug addiction, and mental health service district, the	26371
auditor of the county, the treasurer of which has been designated	26372
in the agreement between the counties of the district as custodian	26373
of the community addiction and mental health services funds ~~and~~	26374
~~alcohol and drug addiction services funds~~, is hereby designated as	26375
the auditor and fiscal officer of an alcohol, drug addiction, and	26376
mental health service district or joint-county district. State	26377
funds allocated for the support of a service district shall be	26378
paid to the county treasurer or, in a joint-county district, to	26379
the treasurer of that county designated in the agreement as	26380
custodian of the community addiction and mental health services	26381
funds and authorized to make payments from such funds on order of	26382
the county auditor and on recommendation of the board of alcohol,	26383
drug addiction, and mental health services, or the executive	26384
director of the board when authorized by the board. The auditor	26385
shall submit to the board a detailed monthly statement of all	26386
receipts, disbursements, and ending balances for the community	26387
addiction and mental health services funds.	26388

Sec. 340.11. A board of alcohol, drug addiction, and mental	26389
health services may procure a policy or policies of insurance	26390
insuring board members or employees of the board or ~~agencies~~	26391
providers with which the board contracts against liability arising	26392
from the performance of their official duties. If the liability	26393
insurance is unavailable or the amount a board has procured or is	26394
able to procure is insufficient to cover the amount of a claim,	26395
the board may indemnify a board member or employee as follows:	26396

(A) For any action or inaction in the capacity of board	26397
member or employee or at the request of the board, whether or not	26398
the action or inaction is expressly authorized by this or any	26399
other section of the Revised Code, if both of the following apply:	26400

(1) The board member or employee acted in good faith and in a	26401
manner that the board member or employee reasonably believed was	26402
in or was not opposed to the best interests of the board; ~~and~~	26403

(2) With respect to any criminal action or proceeding, the	26404
board member or employee had no reason to believe the board	26405
member's or employee's conduct was unlawful.	26406

(B) Against any expenses, including attorneys' fees, the	26407
board member or employee actually and reasonably incurs as a	26408
result of a suit or other proceeding involving the defense of any	26409
action or inaction in the capacity of board member or employee or	26410
at the request of the board, or in defense of any claim, issue, or	26411
matter raised in connection with the defense of such an action or	26412
inaction, to the extent that the board member or employee is	26413
successful on the merits or otherwise.	26414

Sec. 340.12. No board of alcohol, drug addiction, and mental	26415
health services or any ~~agency, corporation, or association~~	26416
addiction or mental health services provider under contract with	26417
such a board shall discriminate in the provision of services under	26418
its authority, in employment, or contract on the basis of race,	26419
color, creed, sex, ~~creed,~~national origin, or disability~~, or~~	26420
~~national origin~~.	26421

Each board,and each community addiction or mental health	26422
~~agency, and each alcohol and drug addiction program~~services	26423
provider shall have a written affirmative action program. The	26424
affirmative action program shall include goals for the employment	26425
and effective utilization of, including contracts with, members of	26426
economically disadvantaged groups as defined in division (E)(1) of	26427
section 122.71 of the Revised Code in percentages reflecting as	26428
nearly as possible the composition of the alcohol, drug addiction,	26429
and mental health service district served by the board. Each	26430
board~~, agency,~~ and ~~program~~provider shall file a description of	26431
the affirmative action program and a progress report on its	26432
implementation with the department of ~~mental health or the~~	26433
~~department of alcohol and drug addiction services~~mental health	26434
and addiction services.	26435

Sec. 340.13. (A) As used in this section~~, "minority~~:

26436

(1) "Minority business enterprise" has the same meaning as in	26437
~~division (E)(1) of~~ section 122.71 of the Revised Code.	26438

(2) "EDGE business enterprise" has the same meaning as in	26439
section 123.152 of the Revised Code.	26440

(B) Any minority business enterprise that desires to bid on a	26441
contract under division (C) ~~or (D)~~ of this section shall first	26442
apply to the equal employment opportunity coordinator in the	26443
department of administrative services for certification as a	26444
minority business enterprise. Any EDGE business enterprise that	26445
desires to bid on a contract under division (D) of this section	26446
shall first apply to the equal employment opportunity coordinator	26447
of the department of administrative services for certification as	26448
an EDGE business enterprise. The coordinator shall approve the	26449
application of any minority business enterprise or EDGE business	26450
enterprise that complies with the rules adopted under section	26451
122.71 or 123.152 of the Revised Code, respectively. The	26452
coordinator shall prepare and maintain a list of minority business	26453
enterprises and EDGE business enterprises certified under ~~this~~	26454
~~section~~those sections.	26455

(C) From the contracts to be awarded for the purchases of	26456
equipment, materials, supplies, or services, other than contracts	26457
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	26458
each board of alcohol, drug addiction, and mental health services	26459
shall select a number of contracts with an aggregate value of	26460
approximately fifteen per cent of the total estimated value of	26461
contracts to be awarded in the current fiscal year. The board	26462
shall set aside the contracts so selected for bidding by minority	26463
business enterprises only. The bidding procedures for such	26464
contracts shall be the same as for all other contracts awarded	26465
under section 307.86 of the Revised Code, except that only	26466
minority business enterprises certified and listed ~~under~~pursuant	26467
to division (B) of this section shall be qualified to submit bids.	26468

(D) To the extent that a board is authorized to enter into	26469
contracts for construction, the board shall ~~set aside a number of~~	26470
~~contracts~~strive to attain a yearly contract dollar procurement	26471
goal the aggregate value of which equals approximately five per	26472
cent of the aggregate value of construction contracts for the	26473
current fiscal year for ~~bidding by minority~~EDGE business	26474
enterprises only. ~~The bidding procedures for the contracts set~~	26475
~~aside for minority business enterprises shall be the same as for~~	26476
~~all other contracts awarded by the board, except that only~~	26477
~~minority business enterprises certified and listed under division~~	26478
~~(B) of this section shall be qualified to submit bids.~~	26479

(E)(1) In the case of contracts set aside under ~~divisions~~	26480
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	26481
minority business enterprise, the contract shall be awarded	26482
according to normal bidding procedures. The board shall from time	26483
to time set aside such additional contracts as are necessary to	26484
replace those contracts previously set aside on which no minority	26485
business enterprise bid.	26486

(2) If a board, after having made a good faith effort, is	26487
unable to comply with the goal of procurement for contracting with	26488
EDGE business enterprises pursuant to division (D) of this	26489
section, the board may apply in writing, on a form prescribed by	26490
the department of administrative services, to the director of	26491
mental health and addiction services for a waiver or modification	26492
of the goal.	26493

(F) This section does not preclude any minority business	26494
enterprise or EDGE business enterprise from bidding on any other	26495
contract not specifically set aside for minority business	26496
enterprises or subject to procurement goals for EDGE business	26497
enterprises.	26498

(G) Within ninety days after the beginning of each fiscal	26499
year, each board shall file a report with the department of ~~mental~~	26500
~~health~~mental health and addiction services that shows for that	26501
fiscal year the name of each minority business enterprise and EDGE	26502
business enterprise with which the board entered into a contract,	26503
the value and type of each such contract, the total value of	26504
contracts awarded under divisions (C) and (D) of this section, the	26505
total value of contracts awarded for the purchases of equipment,	26506
materials, supplies, or services, other than contracts entered	26507
into under section 340.03 of the Revised Code, and the total value	26508
of contracts entered into for construction.	26509

(H) Any person who intentionally misrepresents ~~himself~~self	26510
as owning, controlling, operating, or participating in a minority	26511
business enterprise or an EDGE business enterprise for the purpose	26512
of obtaining contracts or any other benefits under this section	26513
shall be guilty of theft by deception as provided for in section	26514
2913.02 of the Revised Code.	26515

Sec. 340.15. (A) A public children services agency that	26516
identifies a child by a risk assessment conducted pursuant to	26517
section 5153.16 of the Revised Code as being at imminent risk of	26518
being abused or neglected because of an addiction of a parent,	26519
guardian, or custodian of the child to a drug of abuse or alcohol	26520
shall refer the child's addicted parent, guardian, or custodian	26521
and, if the agency determines that the child needs alcohol or	26522
other drug addiction services, the child to ~~an alcohol and drug~~a	26523
community addiction ~~program~~services provider certified by the	26524
department of ~~alcohol and drug addiction services~~mental health	26525
and addiction services under section ~~3793.06~~5119.36 of the	26526
Revised Code. A public children services agency that is sent a	26527
court order issued pursuant to division (B) of section 2151.3514	26528
of the Revised Code shall refer the addicted parent or other	26529
caregiver of the child identified in the court order to ~~an alcohol~~	26530
~~and drug~~a community addiction ~~program~~services provider	26531
certified by the department of ~~alcohol and drug addiction services~~	26532
mental health and addiction services under section ~~3793.06~~5119.36	26533
of the Revised Code. On receipt of a referral under this division	26534
and to the extent funding identified under division (A)(1) of	26535
section ~~340.033~~340.08 of the Revised Code is available, the	26536
~~program~~provider shall provide the following services to the	26537
addicted parent, guardian, custodian, or caregiver and child in	26538
need of ~~alcohol or other drug~~addiction services:	26539

(1) If it is determined pursuant to an initial screening to	26540
be needed, assessment and appropriate treatment;	26541

(2) Documentation of progress in accordance with a treatment	26542
plan developed for the addicted parent, guardian, custodian,	26543
caregiver, or child;	26544

(3) If the referral is based on a court order issued pursuant	26545
to division (B) of section 2151.3514 of the Revised Code and the	26546
order requires the specified parent or other caregiver of the	26547
child to submit to alcohol or other drug testing during, after, or	26548
both during and after, treatment, testing in accordance with the	26549
court order.	26550

(B) The services described in division (A) of this section	26551
shall have a priority as provided in the ~~alcohol and drug~~	26552
addiction and mental health services plan and budget established	26553
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	26554
Revised Code. Once a referral has been received pursuant to this	26555
section, the public children services agency and the ~~alcohol or~~	26556
~~drug~~ addiction ~~program~~services provider shall, in accordance with	26557
42 C.F.R. Part 2, share with each other any information concerning	26558
the persons and services described in that division that the	26559
agency and ~~program~~provider determine are necessary to share. If	26560
the referral is based on a court order issued pursuant to division	26561
(B) of section 2151.3514 of the Revised Code, the results and	26562
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	26563
services provider also shall be provided and used as described in	26564
division (D) of that section. Information obtained or maintained	26565
by the agency or ~~program~~provider pursuant to this section that	26566
could enable the identification of any person described in	26567
division (A) of this section is not a public record subject to	26568
inspection or copying under section 149.43 of the Revised Code.	26569

Sec. 340.16. ~~Not later than ninety days after September 5,~~	26570
~~2001, the~~The department of ~~mental health~~mental health and	26571
addiction services and the department of ~~job and family services~~	26572
medicaid shall adopt rules that establish requirements and	26573
procedures for prior notification and service coordination between	26574
public children services agencies and boards of alcohol, drug	26575
addiction, and mental health services when a public children	26576
services agency refers a child in its custody to a board for	26577
services funded by the board. The rules shall be adopted in	26578
accordance with Chapter 119. of the Revised Code.	26579

~~The department of mental health and department of job and~~	26580
~~family services shall collaborate in formulating a plan that~~	26581
~~delineates the funding responsibilities of public children~~	26582
~~services agencies and boards of alcohol, drug addiction, and~~	26583
~~mental health services for services provided under section~~	26584
~~5111.023 of the Revised Code to children in the custody of public~~	26585
~~children services agencies. The departments shall complete the~~	26586
~~plan not later than ninety days after September 5, 2001.~~	26587

Sec. 341.192. (A) As used in this section:

26588

(1) "Jail" means a county jail, or a multicounty,	26589
municipal-county, or multicounty-municipal correctional center.	26590

(2) ~~"Medical assistance program" has the same meaning as in~~	26591
~~section 2913.40 of the Revised Code.~~	26592

~~(3)~~ "Medical provider" means a physician, hospital,	26593
laboratory, pharmacy, or other health care provider that is not	26594
employed by or under contract to a county, municipal corporation,	26595
township, the department of youth services, or the department of	26596
rehabilitation and correction to provide medical services to	26597
persons confined in a jail or state correctional institution, or	26598
is in the custody of a law enforcement officer.	26599

~~(4)~~(3) "Necessary care" means medical care of a nonelective	26600
nature that cannot be postponed until after the period of	26601
confinement of a person who is confined in a jail or state	26602
correctional institution, or is in the custody of a law	26603
enforcement officer without endangering the life or health of the	26604
person.	26605

(B) If a physician employed by or under contract to a county,	26606
municipal corporation, township, the department of youth services,	26607
or the department of rehabilitation and correction to provide	26608
medical services to persons confined in a jail or state	26609
correctional institution determines that a person who is confined	26610
in the jail or state correctional institution or who is in the	26611
custody of a law enforcement officer prior to the person's	26612
confinement in a jail or state correctional institution requires	26613
necessary care that the physician cannot provide, the necessary	26614
care shall be provided by a medical provider. The county,	26615
municipal corporation, township, the department of youth services,	26616
or the department of rehabilitation and correction shall pay a	26617
medical provider for necessary care an amount not exceeding the	26618
authorized reimbursement rate for the same service established by	26619
the department of ~~job and family services~~medicaid under the	26620
~~medical assistance~~medicaid program.	26621

Sec. 349.01. As used in this chapter:

26622

(A) "New community" means a community or an addition to an	26623
existing community planned pursuant to this chapter so that it	26624
includes facilities for the conduct of industrial, commercial,	26625
residential, cultural, educational, and recreational activities,	26626
and designed in accordance with planning concepts for the	26627
placement of utility, open space, and other supportive facilities.	26628

In the case of a new community authority established within	26629
three years after March 22, 2012, the effective date of H.B. 225	26630
of the 129th general assembly, "new community" may mean a	26631
community or development of property planned under this chapter in	26632
relation to an existing community so that the community includes	26633
facilities for the conduct of community activities, and is	26634
designed in accordance with planning concepts for the placement of	26635
utility, open space, and other supportive facilities for the	26636
community.	26637

(B) "New community development program" means a program for	26638
the development of a new community characterized by well-balanced	26639
and diversified land use patterns and which includes land	26640
acquisition and land development, the acquisition, construction,	26641
operation, and maintenance of community facilities, and the	26642
provision of services authorized in this chapter.	26643

In the case of a new community authority established within	26644
three years after March 22, 2012, the effective date of H.B. 225	26645
of the 129th general assembly, a new community development program	26646
may take into account any existing community in relation to which	26647
a new community is developed for purposes of being characterized	26648
by well-balanced and diversified land use patterns.	26649

(C) "New community district" means the area of land described	26650
by the developer in the petition as set forth in division (A) of	26651
section 349.03 of the Revised Code for development as a new	26652
community and any lands added to the district by amendment of the	26653
resolution establishing the community authority.	26654

(D) "New community authority" means a body corporate and	26655
politic in this state, established pursuant to section 349.03 of	26656
the Revised Code and governed by a board of trustees as provided	26657
in section 349.04 of the Revised Code.	26658

(E) "Developer" means any person, organized for carrying out	26659
a new community development program who owns or controls, through	26660
leases of at least seventy-five years' duration, options, or	26661
contracts to purchase, the land within a new community district,	26662
or any municipal corporation, county, or port authority that owns	26663
the land within a new community district, or has the ability to	26664
acquire such land, either by voluntary acquisition or condemnation	26665
in order to eliminate slum, blighted, and deteriorated or	26666
deteriorating areas and to prevent the recurrence thereof. In the	26667
case of a new community authority established within three years	26668
after March 22, 2012, the effective date of H.B. 225 of the 129th	26669
general assembly, "developer" may mean a person, municipal	26670
corporation, county, or port authority that controls land within a	26671
new community district through leases of at least forty years'	26672
duration.	26673

(F) "Organizational board of commissioners" means~~, if the~~the	26674
following:	26675

(1) For a new community district that is located in only one	26676
county, the board of county commissioners of ~~such~~that county; if	26677

(2) For a new community district that is located in more than	26678
one county, a board consisting of the members of the board of	26679
county commissioners of each of the counties in which the district	26680
is located, provided that action of ~~such~~the board shall require a	26681
majority vote of the members of each separate board of county	26682
commissioners; or~~, if~~	26683

(3) For a new community district that is located entirely	26684
within the boundaries of a municipal corporation or for a new	26685
community district where more than half of the new community	26686
district is located within the boundaries of the most populous	26687
municipal corporation of a county, the legislative authority of	26688
the municipal corporation.	26689

(G) "Land acquisition" means the acquisition of real property	26690
and interests in real property as part of a new community	26691
development program.	26692

(H) "Land development" means the process of clearing and	26693
grading land, making, installing, or constructing water	26694
distribution systems, sewers, sewage collection systems, steam,	26695
gas, and electric lines, roads, streets, curbs, gutters,	26696
sidewalks, storm drainage facilities, and other installations or	26697
work, whether within or without the new community district, and	26698
the construction of community facilities.	26699

(I)(1) "Community facilities" means all real property,	26700
buildings, structures, or other facilities, including related	26701
fixtures, equipment, and furnishings, to be owned, operated,	26702
financed, constructed, and maintained under this chapter,	26703
including public, community, village, neighborhood, or town	26704
buildings, centers and plazas, auditoriums, day care centers,	26705
recreation halls, educational facilities, hospital facilities as	26706
defined in section 140.01 of the Revised Code, recreational	26707
facilities, natural resource facilities, including parks and other	26708
open space land, lakes and streams, cultural facilities, community	26709
streets, pathway and bikeway systems, pedestrian underpasses and	26710
overpasses, lighting facilities, design amenities, or other	26711
community facilities, and buildings needed in connection with	26712
water supply or sewage disposal installations or steam, gas, or	26713
electric lines or installation.	26714

(2) In the case of a new community authority established	26715
within three years after March 22, 2012, the effective date of	26716
H.B. 225 of the 129th general assembly, "community facilities" may	26717
mean, in addition to the facilities authorized in division (I)(1)	26718
of this section, any community facilities that are owned,	26719
operated, financed, constructed, or maintained for, relating to,	26720
or in furtherance of community activities, including, but not	26721
limited to, town buildings or other facilities, health care	26722
facilities including, but limited to, hospital facilities, and	26723
off-street parking facilities.	26724

(J) "Cost" as applied to a new community development program	26725
means all costs related to land acquisition and land development,	26726
the acquisition, construction, maintenance, and operation of	26727
community facilities and offices of the community authority, and	26728
of providing furnishings and equipment therefor, financing charges	26729
including interest prior to and during construction and for the	26730
duration of the new community development program, planning	26731
expenses, engineering expenses, administrative expenses including	26732
working capital, and all other expenses necessary and incident to	26733
the carrying forward of the new community development program.	26734

(K) "Income source" means any and all sources of income to	26735
the community authority, including community development charges	26736
of which the new community authority is the beneficiary as	26737
provided in section 349.07 of the Revised Code, rentals, user fees	26738
and other charges received by the new community authority, any	26739
gift or grant received, any moneys received from any funds	26740
invested by or on behalf of the new community authority, and	26741
proceeds from the sale or lease of land and community facilities.	26742

(L) "Community development charge" means:

26743

(1) A dollar amount which shall be determined on the basis of	26744
the assessed valuation of real property or interests in real	26745
property in a new community district sold, leased, or otherwise	26746
conveyed by the developer or the new community authority, the	26747
income of the residents of such property subject to such charge	26748
under section 349.07 of the Revised Code, if such property is	26749
devoted to residential uses or to the profits of any business, a	26750
uniform fee on each parcel of such real property originally sold,	26751
leased, or otherwise conveyed by the developer or new community	26752
authority, or any combination of the foregoing bases.	26753

(2) For a new community authority that is established within	26754
three years after March 22, 2012, the effective date of H.B. 225	26755
of the 129th general assembly, "community development charge"	26756
includes, in addition to the charges authorized in division (L)(1)	26757
of this section, a charge determined on the basis of all or a part	26758
of the income of the residents of real property within the new	26759
community district if such property is devoted to residential uses	26760
or of persons employed within the district, or all or a part of	26761
the profits, gross receipts, or other revenues of any business	26762
operating in the new community district, including, but not	26763
limited to, rentals received from leases of real property located	26764
in the district. If a new community authority imposes a community	26765
development charge determined on the basis of rentals received	26766
from leases of real property, improvements of any such leased real	26767
property located in the new community district and subject to that	26768
charge may not be exempted from taxation under section 5709.40,	26769
5709.41, 5709.73, or 5709.78 of the Revised Code.	26770

(M) "Proximate city" means any city that, as of the date of	26771
filing of the petition under section 349.03 of the Revised Code,	26772
is the city with the greatest population located in the county in	26773
which the proposed new community district is located, is the city	26774
with the greatest population located in an adjoining county if any	26775
portion of such city is within five miles of any part of the	26776
boundaries of such district, or exercises extraterritorial	26777
subdivision authority under section 711.09 of the Revised Code	26778
with respect to any part of such district.	26779

In the case of a new community authority that is established	26780
within three years after March 22, 2012, the effective date of	26781
H.B. 225 of the 129th general assembly, "proximate city" may mean	26782
a municipal corporation in which, at the time of filing the	26783
petition under section 349.03 of the Revised Code, any portion of	26784
the proposed new community district is located, or, if at the time	26785
of that filing more than one-half of the proposed district is	26786
contained within a joint economic development district created	26787
under sections 715.70 to 715.83 of the Revised Code, the township	26788
containing the greatest portion of the territory of the joint	26789
economic development district.	26790

(N) "Community activities" means cultural, educational,	26791
governmental, recreational, residential, industrial, commercial,	26792
distribution and research activities, or any combination thereof	26793
that includes residential activities.	26794

Sec. 349.04. The following method of selecting a board of	26795
trustees is deemed to be a compelling state interest. Within ten	26796
days after the new community authority has been established, as	26797
provided in section 349.03 of the Revised Code, an initial board	26798
of trustees shall be appointed as follows: the organizational	26799
board of commissioners shall appoint by resolution at least three,	26800
but not more than six, citizen members of the board of trustees to	26801
represent the interests of present and future residents of the new	26802
community district and one member to serve as a representative of	26803
local government, and the developer shall appoint a number of	26804
members equal to the number of citizen members to serve as	26805
representatives of the developer. In the case of a new community	26806
authority established within three years after March 22, 2012, the	26807
citizen members may represent present and future employers within	26808
the new community district and any present or future residents of	26809
the district.	26810

Members shall serve two-year overlapping terms, with two of	26811
each of the initial citizen and developer members appointed to	26812
serve initial one-year terms. The organizational board of	26813
commissioners shall adopt, by further resolution adopted within	26814
one year of such resolution establishing such initial board of	26815
trustees, a method for selection of successor members thereof	26816
which determines the projected total population of the projected	26817
new community and meets the following criteria:	26818

(A) The appointed citizen members shall be replaced by	26819
elected citizen members according to a schedule established by the	26820
organizational board of commissioners calculated to achieve one	26821
such replacement each time the new community district gains a	26822
proportion, having a numerator of one and a denominator of twice	26823
the number of citizen members, of its projected total population	26824
until such time as all of the appointed citizen members are	26825
replaced.	26826

(B) Representatives of the developer shall be replaced by	26827
elected citizen members according to a schedule established by the	26828
organizational board of commissioners calculated to achieve one	26829
such replacement each time the new community district gains a	26830
proportion, having a numerator of one and a denominator equal to	26831
the number of developer members, of its projected total population	26832
until such time as all of the developer's representatives are	26833
replaced.	26834

(C) The representative of local government shall be replaced	26835
by an elected citizen member at the time the new community	26836
district gains three-quarters of its projected total population.	26837

Elected citizen members of the board of trustees shall be	26838
elected by a majority of the residents of the new community	26839
district voting at elections held at the times and in the manner	26840
provided in a resolution of the organizational board of	26841
commissioners. Each citizen member except an appointed citizen	26842
member shall be a qualified elector who resides within the new	26843
community district. ~~In the case of a new community authority for~~	26844
~~which a petition is filed within three years after March 22, 2012,~~	26845
~~the~~The organizational board of commissioners, by resolution, may	26846
adopt an alternative method of selecting or electing successor	26847
members of the board of trustees provided that if an alternative	26848
method of selection is adopted for a new community authority	26849
organized prior to March 22, 2012, the board of trustees of that	26850
authority shall be limited in the collection of a community	26851
development charge, collected pursuant to division (Q) of section	26852
349.06 of the Revised Code, and the issuance of bonds or notes,	26853
issued pursuant to section 349.08 of the Revised Code, to the	26854
amount or to the extent otherwise permitted for a board of	26855
trustees whose members are not elected by residents of the new	26856
community district. If the alternative method provides for the	26857
election of citizen members, the elections may be held at the	26858
times and in the manner provided in the petition or in a	26859
resolution of the organizational board of commissioners, and the	26860
elected citizen members shall be qualified electors who reside in	26861
the new community district.	26862

Citizen members shall not be employees of or have financial	26863
interest in the developer. If a vacancy occurs in the office of a	26864
member other than a member appointed by the developer, the	26865
organizational board of commissioners may appoint a successor	26866
member for the remainder of the unexpired term. Any appointed	26867
member of the board of trustees may at any time be removed by the	26868
organizational board of commissioners for misfeasance,	26869
nonfeasance, or malfeasance in office. Members appointed by the	26870
developer may also at any time be removed by the developer without	26871
a showing of cause.	26872

Each member of the board of trustees, before entering upon	26873
official duties, shall take and subscribe to an oath before an	26874
officer authorized to administer oaths in Ohio that the member	26875
will honestly and faithfully perform the duties of the member's	26876
office. Such oath shall be filed in the office of the clerk of the	26877
board of county commissioners in which the petition was filed.	26878
Upon taking the oath, the board of trustees shall elect one of its	26879
number as chairperson and another as vice-chairperson, and shall	26880
appoint suitable persons as secretary and treasurer who need not	26881
be members of the board. The treasurer shall be the fiscal officer	26882
of the authority. The board shall adopt by-laws governing the	26883
administration of the affairs of the new community authority. Each	26884
member of the board shall post a bond for the faithful performance	26885
of official duties and give surety therefor in such amount, but	26886
not less than ten thousand dollars, as the resolution creating	26887
such board shall prescribe.	26888

All of the powers of the new community authority shall be	26889
exercised by its board of trustees, but without relief of such	26890
responsibility, such powers may be delegated to committees of the	26891
board or its officers and employees in accordance with its	26892
by-laws. A majority of the board shall constitute a quorum, and a	26893
concurrence of a majority of a quorum in any matter within the	26894
board's duties is sufficient for its determination, provided a	26895
quorum is present when such concurrence is had and a majority of	26896
those members constituting such quorum are trustees not appointed	26897
by the developer. All trustees shall be empowered to vote on all	26898
matters within the authority of the board of trustees, and no vote	26899
by a member appointed by the developer shall be construed to give	26900
rise to civil or criminal liability for conflict of interest on	26901
the part of public officials.	26902

Sec. 351.021. (A) The resolution of the county commissioners	26903
creating a convention facilities authority, or any amendment or	26904
supplement to that resolution, may authorize the authority to levy	26905
one or both of the excise taxes authorized by division (B) of this	26906
section to pay the cost of one or more facilities; to pay	26907
principal, interest, and premium on convention facilities	26908
authority tax anticipation bonds issued to pay those costs; to pay	26909
the operating costs of the authority; to pay operating and	26910
maintenance costs of those facilities; and to pay the costs of	26911
administering the excise tax.	26912

(B) The board of directors of a convention facilities	26913
authority that has been authorized pursuant to resolution adopted,	26914
amended, or supplemented by the board of county commissioners	26915
pursuant to division (A) of this section may levy, by resolution	26916
adopted on or before December 31, 1988, either or both of the	26917
following:	26918

(1) Within the territory of the authority, an additional	26919
excise tax not to exceed four per cent on each transaction. The	26920
excise tax authorized by division (B)(1) of this section shall be	26921
in addition to any excise tax levied pursuant to section 5739.08	26922
or 5739.09 of the Revised Code, or division (B)(2) of this	26923
section.	26924

(2) Within that portion of any municipal corporation that is	26925
located within the territory of the authority or within the	26926
boundaries of any township that is located within the territory of	26927
the authority, which municipal corporation or township is levying	26928
any portion of the excise tax authorized by division (A) of	26929
section 5739.08 of the Revised Code, and with the approval, by	26930
ordinance or resolution, of the legislative authority of that	26931
municipal corporation or township, an additional excise tax not to	26932
exceed nine-tenths of one per cent on each transaction. The excise	26933
tax authorized by division (B)(2) of this section may be levied	26934
only if, on the effective date of the levy specified in the	26935
resolution making the levy, the amount being levied pursuant to	26936
division (A) of section 5739.08 of the Revised Code by each	26937
municipal corporation or township in which the tax authorized by	26938
division (B)(2) of this section will be levied, when added to the	26939
amount levied under division (B)(2) of this section, does not	26940
exceed three per cent on each transaction. The excise tax	26941
authorized by division (B)(2) of this section shall be in addition	26942
to any excise tax that is levied pursuant to section 5739.08 or	26943
5739.09 of the Revised Code, or division (B)(1) of this section.	26944

(C)(1) The board of directors of a convention facilities	26945
authority that is located in an eligible Appalachian county; that	26946
has been authorized pursuant to resolution adopted, amended, or	26947
supplemented by the board of county commissioners pursuant to	26948
division (A) of this section; and that is not levying a tax under	26949
division (B)(1) or (2) of this section may levy within the	26950
territory of the authority, by resolution adopted on or before	26951
December 31, 2005, an additional excise tax not to exceed three	26952
per cent on each transaction. The excise tax authorized under	26953
division (C)(1) of this section shall be in addition to any excise	26954
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	26955
Code.	26956

As used in division (C)(1) of this section, "eligible	26957
Appalachian county" means a county in this state designated as	26958
being in the "Appalachian region" under the "Appalachian Regional	26959
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	26960
having a population less than eighty thousand according to the	26961
most recent federal decennial census.	26962

(2) Division ~~(B)~~(C)(2) of this section applies only to a	26963
convention facilities authority located in a county with a	26964
population, according to the 2000 federal decennial census, of at	26965
least one hundred thirty-five thousand and not more than one	26966
hundred fifty thousand and containing entirely within its	26967
boundaries the territory of a municipal corporation with a	26968
population according to that census of more than fifty thousand.	26969
The board of directors of such a convention facilities authority,	26970
by resolution adopted on or before November 1, 2009, may levy	26971
within the territory of the authority an excise tax on	26972
transactions by which lodging by a hotel is or is to be furnished	26973
to transient guests at a rate not to exceed three per cent on such	26974
transactions for the same purposes for which a tax may be levied	26975
under division (B) of this section. The resolution may be adopted	26976
only if the board of county commissioners of the county, by	26977
resolution, authorizes the levy of the tax. The resolution of the	26978
board of county commissioners is subject to referendum as	26979
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	26980
pursuant to those procedures, a referendum is to be held, the	26981
board's resolution does not take effect until approved by a	26982
majority of electors voting on the question. The convention	26983
facilities authority may adopt the resolution authorized by	26984
division (C)(2) of this section before the election, but the	26985
authority's resolution shall not take effect if the board of	26986
commissioners' resolution is not approved at the election. A tax	26987
levied under division (C)(2) of this section is in addition to any	26988
tax levied under section 5739.09 of the Revised Code.	26989

(D) The authority shall provide for the administration and	26990
allocation of an excise tax levied pursuant to division (B) or (C)	26991
of this section. All receipts arising from those excise taxes	26992
shall be expended for the purposes provided in, and in accordance	26993
with this section and section 351.141 of the Revised Code. An	26994
excise tax levied under division (B) or (C) of this section shall	26995
remain in effect at the rate at which it is levied for at least	26996
the duration of the period for which the receipts from the tax	26997
have been anticipated and pledged pursuant to section 351.141 of	26998
the Revised Code.	26999

(E) Except as provided in division (B)(2) of this section,	27000
the levy of an excise tax on each transaction pursuant to sections	27001
5739.08 and 5739.09 of the Revised Code does not prevent a	27002
convention facilities authority from levying an excise tax	27003
pursuant to division (B) or (C) of this section.	27004

(F) A convention facilities authority located in a county	27005
with a population greater than eighty thousand but less than	27006
ninety thousand according to the 2010 federal decennial census	27007
that levies a tax under division (B) of this section may amend the	27008
resolution levying the tax to allocate a portion of the revenue	27009
from the tax for support of tourism-related sites or facilities	27010
and programs operated by the county or a municipal corporation	27011
within the county in which the authority is located or for the	27012
purpose of leasing lands for county fairs, erecting buildings for	27013
county fair purposes, making improvements on a county fairground,	27014
or for any purpose connected with the use of a county fairground	27015
or with the management thereof by the county in which the	27016
authority is located. The revenue allocated by the authority for	27017
such purposes in a calendar year shall not exceed fifteen per cent	27018
of the total revenue from the tax in the preceding calendar year.	27019

Sec. 353.01. For purposes of this chapter:

27020

(A) "Lake facilities authority" means a body corporate and	27021
politic created pursuant to section 353.02 of the Revised Code.	27022

(B) "Watershed" means a watershed as determined by the United	27023
States geological survey.	27024

(C) "Impacted watershed" means a watershed meeting both of	27025
the following conditions:	27026

(1) The watershed contains a natural or man-made lake of at	27027
least one-half square mile that has experienced levels of	27028
microcystin toxins in excess of eighty parts-per-billion, as	27029
measured by the Ohio environmental protection agency, during the	27030
twenty-four month period immediately preceding the date the last	27031
resolution necessary for the creation of a lake facilities	27032
authority under section 353.02 of the Revised Code was adopted.	27033

(2) The watershed is partially or completely located within a	27034
state park, as defined in section 154.01 of the Revised Code, that	27035
has averaged at least four hundred thousand visitors per year for	27036
the four calendar years preceding the calendar year in which the	27037
last resolution necessary for the creation of a lake facilities	27038
authority under section 353.02 of the Revised Code was adopted.	27039

(D) "Impacted lake district" means the territory of all	27040
townships and municipal corporations having territory in an	27041
impacted watershed.	27042

(E) "Cost" as applied to a lake facilities authority facility	27043
means the cost of acquisition or construction of the facility; the	27044
cost of acquisition of all land, rights-of-way, property rights,	27045
easements, franchise rights, and interests required for such	27046
acquisition; the cost of demolishing or removing any buildings or	27047
structures on land so acquired, including the cost of acquiring	27048
any lands to which such buildings or structures may be moved; the	27049
cost of acquiring or constructing and equipping a principal office	27050
of the lake facilities authority; the cost of diverting highways,	27051
interchange of highways, and access roads to private property,	27052
including the cost of land or easements for the access roads, the	27053
cost of public utility and common carrier relocation or	27054
duplication, the cost of all machinery, furnishings, and	27055
equipment, financing charges, interest prior to and during any	27056
construction and for no more than eighteen months after completion	27057
of any construction; engineering; expenses of research and	27058
development with respect to an impacted lake district; legal	27059
expenses; expenses of developing or obtaining plans,	27060
specifications, engineering surveys, studies, and estimates of	27061
cost and revenues; expenses necessary or incident to determining	27062
the feasibility or practicability of acquiring or constructing the	27063
facility or remediating the impacted lake district; administrative	27064
expense; and such other expenses as may be necessary or incident	27065
to the acquisition or construction of the facility, the	27066
remediation of the impacted lake district and other activities	27067
authorized by this chapter, the financing of such acquisition,	27068
construction or remediation, including the amount authorized in	27069
the resolution of the lake facilities authority providing for the	27070
issuance of lake facilities authority revenue bonds to be paid	27071
into any special funds from the proceeds of such bonds and the	27072
financing of the placing of the facility in operation, the cost of	27073
issuing the bonds, and the financing of remediation and other	27074
purposes authorized by this chapter.	27075

(F) "Revenues" means all rentals and other charges received	27076
by the lake facilities authority with respect to an impacted	27077
watershed; any gift or grant received with respect to any impacted	27078
watershed; money received in repayment of, and for interest on,	27079
any loans made by the authority to a person or governmental	27080
agency, whether from the United States or any department,	27081
administration, or agency thereof, or otherwise; proceeds of lake	27082
facilities authority revenue bonds to the extent the use thereof	27083
for payment of principal or of premium, if any, or interest on the	27084
bonds is authorized by the authority; proceeds from any insurance,	27085
appropriation, or guaranty pertaining to an impacted watershed or	27086
property mortgaged to secure bonds or pertaining to the financing	27087
of any activities authorized under this chapter; income and profit	27088
from the investment of the proceeds of lake facilities authority	27089
revenue bonds or of any revenues; and contributions of service	27090
payments in lieu of taxes generated pursuant to section 5709.40,	27091
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	27092
nontax revenues paid or payable to the lake facilities authority.	27093

(G) "Lake facilities revenue bonds," unless the context	27094
indicates a different meaning or intent, includes revenue notes,	27095
revenue renewal notes, and revenue refunding bonds.	27096

(H) "Authorized purpose" means activities that remediate,	27097
rehabilitate, enhance, foster, aid, improve, provide, or promote	27098
an impacted watershed within the jurisdiction of the lake	27099
facilities authority, including, without limitation, research and	27100
development efforts related thereto.	27101

(I) "Lake facilities authority facility" or "facility" means	27102
real or personal property, or any combination thereof owned,	27103
leased, or otherwise controlled or financed by a lake facilities	27104
authority and directly related to an authorized purpose.	27105

Sec. 353.02. A lake facilities authority may be created by	27106
the board of county commissioners of a county that contains all of	27107
the territory of an impacted watershed. If the territory of an	27108
impacted watershed is contained within more than one county, a	27109
joint facilities lake authority may be created by resolution of	27110
the board of commissioners of each county in which the impacted	27111
watershed is located. A resolution creating a lake facilities	27112
authority must include a finding that the watershed sought to be	27113
improved or remediated pursuant to this chapter is an impacted	27114
watershed.	27115

A lake facilities authority created pursuant to this section	27116
is a body corporate and politic which may sue and be sued, plead	27117
and be impleaded, and has the powers and jurisdiction enumerated	27118
in this chapter. The exercise by an authority of the powers	27119
conferred upon it shall be deemed to be essential governmental	27120
functions of this state.	27121

Within sixty days after the creation of a lake facilities	27122
authority, the county engineer of each county with territory in	27123
the impacted watershed shall prepare a survey denoting the	27124
boundaries of the impacted watershed in the county. The survey	27125
shall include references to the county auditor's permanent parcel	27126
number designations as those parcel number designations correspond	27127
to the boundaries of the impacted watershed. If requested by the	27128
county engineer of each county with territory in the impacted	27129
watershed, the cost of such surveys shall be paid from the funds	27130
of the lake facilities authority pursuant to an agreement between	27131
the lake facilities authority and the county engineer of each	27132
county. Such funds may be advanced by the board of county	27133
commissioners of any county with territory in the impacted	27134
watershed.	27135

The county auditor of the county with the greatest amount of	27136
territory in the impacted watershed shall be the fiscal officer	27137
for the lake facilities authority. The county prosecutor of the	27138
county with the greatest amount of territory in the impacted	27139
watershed shall be the legal advisor of the lake facilities	27140
authority and shall prosecute and defend all suits and actions	27141
that the lake facilities authority directs or to which it is a	27142
party.	27143

Upon the creation of a lake facilities authority, no	27144
authority that is granted by law any powers or duties that are	27145
substantially the same as the powers and duties of a lake	27146
facilities authority may be created if its territorial	27147
jurisdiction includes any territory within the impacted lake	27148
district.	27149

Sec. 353.03. A lake facilities authority may do all of the	27150
following:	27151

(A) Acquire by purchase, lease, gift, or otherwise, on such	27152
terms and in such manner as it considers proper, real and personal	27153
property necessary for an authorized purpose or any estate,	27154
interest, or right therein, within or without the impacted lake	27155
district;	27156

(B) Improve, remediate, maintain, sell, lease, or otherwise	27157
dispose of real and personal property on such terms and in such	27158
manner as it considers proper;	27159

(C) Request that the department of natural resources, the	27160
environmental protection agency, or the department of agriculture	27161
adopt, modify, and enforce reasonable rules and regulations	27162
governing impacted watersheds;	27163

(D) Employ such managers, administrative officers, agents,	27164
engineers, architects, attorneys, contractors, subcontractors, and	27165
employees as may be appropriate in the exercise of the rights,	27166
powers, and duties conferred on it, prescribe the duties and	27167
compensation for such persons, require bonds to be given by any	27168
such persons and by officers of the authority for the faithful	27169
performance of their duties, and fix the amount and surety	27170
therefor, and pay the surety;	27171

(E) Sue and be sued in its corporate name;

27172

(F)(1) Make and enter into all contracts and agreements and	27173
execute all instruments relating to the provisions of this	27174
chapter;	27175

(2) Except as provided otherwise under divisions (F)(2) and	27176
(3) of this section, when the cost of a contract for the	27177
construction of any building, structure, or other improvement	27178
undertaken by a lake facilities authority involves an expenditure	27179
exceeding twenty-five thousand dollars, and the lake facilities	27180
authority is the contracting authority, the lake facilities	27181
authority shall make a written contract after notice calling for	27182
bids for the award of the contract has been given by publication	27183
twice, with at least seven days between publications, in a	27184
newspaper of general circulation in the impacted lake district.	27185
Each such contract shall be awarded to the lowest responsive and	27186
responsible bidder in accordance with section 9.312 of the Revised	27187
Code. The board of directors by rule may provide criteria for the	27188
negotiation and award without competitive bidding of any contract	27189
as to which the lake facilities authority is the contracting	27190
authority for the construction of any building or structure or	27191
other improvement under any of the following circumstances:	27192

(a) There exists a real and present emergency that threatens	27193
damage to property or injury to persons of the lake facilities	27194
authority or other persons, provided that a statement specifying	27195
the nature of the emergency that is the basis for the negotiation	27196
and award of a contract without competitive bidding shall be	27197
signed at the time of the contract's execution by the officer of	27198
the lake facilities authority that executes the contract and shall	27199
be attached to the contract.	27200

(b) A commonly recognized industry or other standard or	27201
specification does not exist and cannot objectively be articulated	27202
for the improvement.	27203

(c) The contract is for any energy conservation measure as	27204
defined in section 307.041 of the Revised Code.	27205

(d) With respect to material to be incorporated into the	27206
improvement, only a single source or supplier exists for the	27207
material.	27208

(e) A single bid is received by the lake facilities authority	27209
after complying with the above provisions.	27210

(3) In addition to the exceptions to competitive bidding	27211
requirements under division (F)(2) of this section, a lake	27212
facilities authority may contract for the acquisition or	27213
construction of any property for an authorized purpose and for the	27214
leasing, subleasing, sale, or other disposition of the property in	27215
a manner determined by the lake facilities authority in its sole	27216
discretion, without necessity for competitive bidding or	27217
performance bonds.	27218

(4) With respect to any public improvement undertaken by, or	27219
under contract for, the lake facilities authority, the authority	27220
may elect to apply sections 4115.03 to 4115.21 of the Revised	27221
Code.	27222

(G) Accept aid or contributions from any source of money,	27223
property, labor, or other things of value, to be held, used, and	27224
applied only for the purposes for which the grants and	27225
contributions are made;	27226

(H) Apply for and accept grants, loans, or commitments of	27227
guarantee or insurance, including any guarantees of lake	27228
facilities authority bonds and notes, from the United States, the	27229
state, or other public body or other sources, and provide any	27230
consideration which may be required in order to obtain such	27231
grants, loans, or contracts of guarantee or insurance;	27232

(I) Procure insurance against loss to the lake facilities	27233
authority by reason of damage to its properties resulting from	27234
fire, theft, accident, or other casualties, or by reason of its	27235
liability for any damages to persons or property occurring in the	27236
construction or operation of facilities or areas under its	27237
jurisdiction or the conduct of its activities;	27238

(J) Maintain such funds or reserves as it considers necessary	27239
for the efficient performance of its duties;	27240

(K) Enforce any covenants, of which the lake facilities	27241
authority is the beneficiary, running with the land.	27242

(L) Issue securities for the remediation of an impacted	27243
watershed and directly related permanent improvements in	27244
compliance with Chapter 133. of the Revised Code, except that such	27245
bonds or notes may be issued only pursuant to a vote of the	27246
electors residing within the impacted lake district. The net	27247
indebtedness incurred by a lake facilities authority pursuant to	27248
this division may not exceed one-tenth of one per cent of the	27249
total value of all property within the territory comprising the	27250
impacted lake district as listed and assessed for taxation.	27251

(M) Issue lake facilities authority revenue bonds beyond the	27252
limit of bonded indebtedness provided by law, payable solely from	27253
revenues as provided in section 353.09 of the Revised Code for the	27254
purpose of providing funds to pay costs of any facility or	27255
facilities or parts thereof;	27256

(N) Advise and provide input to political subdivisions within	27257
the impacted lake district with respect to zoning and land use	27258
planning within the impacted lake district;	27259

(O) Enter into agreements for the management, ownership,	27260
possession, or control of lands or property to be used for wetland	27261
mitigation banking;	27262

(P) Adopt and modify rules and regulations to carry out the	27263
authority granted to the lake facilities authority under this	27264
section.	27265

Sec. 353.04. (A) Upon the creation of a lake facilities	27266
authority under section 353.02 of the Revised Code, a board of	27267
directors consisting of the county commissioners of each county	27268
with territory in the impacted lake district shall be created.	27269
Membership on the board is not a direct or indirect interest in a	27270
contract or expenditure of money by the county. Notwithstanding	27271
any provision of law to the contrary, no member of the board shall	27272
be disqualified from holding any public office or employment by	27273
reason of membership on the board. The board is a public body for	27274
the purposes of section 121.22 of the Revised Code and a public	27275
office for the purposes of section 149.43 of the Revised Code.	27276
Notwithstanding those sections, the board may hold closed meetings	27277
and protect the confidentiality of information under the same	27278
circumstances as authorized for a community improvement	27279
corporation under section 1724.11 of the Revised Code. Chapter	27280
2744. of the Revised Code applies to the board. Each year, the	27281
board shall prepare an annual report of its activities and make it	27282
available to the public.	27283

(B) A board of directors shall consult with the advisory	27284
council created under this division in performing the remediation	27285
and other activities authorized by this chapter.	27286

Not later than sixty days after the creation of the board of	27287
directors, the board shall provide written notice of its creation	27288
to the legislative authority of each political subdivision with	27289
territory in the impacted lake district. The notice shall describe	27290
the process for the appointment of an advisory council. Upon	27291
receipt of such notice, the legislative authority of each	27292
political subdivision with territory in the impacted lake district	27293
shall appoint one representative each to serve on the advisory	27294
council. The representative need not be an elected or appointed	27295
official of the political subdivision.	27296

Sec. 353.05. The board of directors of a lake facilities	27297
authority, by resolution, may propose the levy of a tax upon the	27298
taxable property in the impacted lake district pursuant to section	27299
5705.55 of the Revised Code.	27300

Sec. 353.06. As used in this section, "hotel" and "transient	27301
guests" have the same meanings as in section 5739.01 of the	27302
Revised Code.	27303

A resolution creating a lake facilities authority under	27304
section 353.02 of the Revised Code, or any amendments or	27305
supplements thereto, may authorize the authority to levy an excise	27306
tax on transactions by which lodging in a hotel is or is to be	27307
furnished to transient guests to pay any costs authorized under	27308
this chapter; to pay principal, interest, and premium on lake	27309
facilities authority tax anticipation bonds issued to pay those	27310
costs; to pay the operating costs of the authority; and to pay the	27311
costs of administering the tax.	27312

Upon the affirmative vote of at least a majority of the	27313
qualified electors in a primary or general election within the	27314
impacted lake district voting at an election held for the purpose	27315
of authorizing the tax, the board of directors of a lake	27316
facilities authority authorized to levy a tax under this section	27317
may, by resolution, levy an additional excise tax within the	27318
territory of the impacted lake district on all transactions by	27319
which lodging in a hotel is or is to be furnished to transient	27320
guests. The rate of the tax, when added to the aggregate rate of	27321
excise taxes levied in the impacted lake district pursuant to	27322
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	27323
not cause the total aggregate rate to exceed five per cent on any	27324
such transaction.	27325

The lake facilities authority shall provide for the	27326
administration and allocation of a tax levied pursuant to this	27327
section. All receipts arising from the tax shall be expended for	27328
the purposes provided in, and in accordance with, this section. An	27329
excise tax levied under this section shall remain in effect at the	27330
rate at which it is levied for at least the duration of the period	27331
for which the receipts from the tax have been anticipated and	27332
pledged pursuant to section 353.08 of the Revised Code.	27333

The form of the ballot in an election held on the question of	27334
levying a tax proposed pursuant to this section shall be as	27335
follows or in any other form acceptable to the secretary of state:	27336

"An excise tax on all transactions by which lodging in a	27337
hotel is or is to be furnished to transient guests within the	27338
territory of the (name of impacted lake district) ........... for	27339
the purpose of .......... at a rate of ......... for ............	27340
(number of years the tax is to be levied).	27341

27342

		For the Excise Tax			27343
		Against the Excise Tax	"		27344

Sec. 353.07. The director of natural resources may transfer	27345
real property owned by the state to a lake facilities authority	27346
for the purpose of promoting wetland banking, wildlife, or	27347
sporting activities. The division of wildlife within the	27348
department of natural resources may enter into an agreement with a	27349
lake facilities authority to establish wetland or natural areas to	27350
benefit wildlife or sporting activities. The agreement may be	27351
entered as part of, or in conjunction with, a mitigation banking	27352
program.	27353

Sec. 353.08. A lake facilities authority that levies a tax	27354
authorized by sections 353.05 and 5705.55 or section 353.06 of the	27355
Revised Code may, by resolution, anticipate the proceeds of the	27356
tax and issue lake facilities authority anticipation bonds, and	27357
notes anticipating the proceeds or the bonds, in the principal	27358
amount that, in the opinion of the authority, are necessary for	27359
the purpose of paying the cost of an authorized purpose, and that	27360
the authority is able to pay over the term of the issue with the	27361
interest on the bonds or notes, or in the case of notes	27362
anticipating bonds over the term of the bonds, by the estimated	27363
amount of the taxes anticipated. The taxes are determined by the	27364
general assembly to satisfy any applicable requirement of Section	27365
11 of Article XII, Ohio Constitution.	27366

Every issue of outstanding anticipation bonds shall be	27367
payable out of the proceeds of the taxes anticipated and other	27368
revenues of the authority that are pledged for such payment. The	27369
pledge shall be valid and binding from the time the pledge is	27370
made, and the anticipated excise taxes and revenues so pledged and	27371
thereafter received by the authority immediately shall be subject	27372
to the lien of that pledge without any physical delivery of those	27373
taxes and revenues or further act. The lien of any pledge is valid	27374
and binding as against all parties having claims of any kind in	27375
tort, contract, or otherwise against the authority, whether or not	27376
such parties have notice of the lien. Neither the resolution nor	27377
any trust agreement by which a pledge is created need be filed or	27378
recorded except in the authority's records.	27379

The anticipation bonds shall bear such date or dates, and	27380
shall mature at such time or times, in the case of any such notes	27381
or any renewals of such notes not exceeding twenty years from the	27382
date of issue of such original notes and in the case of any such	27383
bonds or any refunding bonds not exceeding forty years from the	27384
date of the original issue of notes or bonds for the purpose, and	27385
shall be executed in the manner that the resolution authorizing	27386
the bonds may provide. The anticipation bonds shall bear interest	27387
at such rates, or at a variable rate or rates changing from time	27388
to time, in accordance with provisions provided in the authorizing	27389
resolution, be in such denominations and form, either coupon or	27390
registered, carry such registration privileges, be payable in such	27391
medium of payment and at such place or places, and be subject to	27392
such terms of redemption, as the authority may authorize or	27393
provide.	27394

Sec. 353.09. A lake facilities authority at any time may	27395
issue lake facilities authority revenue bonds in such principal	27396
amounts as, in the opinion of the lake facilities authority, are	27397
necessary for the purpose of paying the cost of one or more lake	27398
facilities authority facilities or parts thereof. A lake	27399
facilities authority at any time may issue renewal notes, issue	27400
bonds to retire its notes and, whenever it considers refunding	27401
expedient, refund any bonds by the issuance of lake facilities	27402
authority revenue refunding bonds, whether the bonds to be	27403
refunded have or have not matured, and issue lake facilities	27404
authority revenue bonds partly to refund outstanding bonds and	27405
partly for any other authorized purpose. The lake facilities	27406
authority revenue refunding bonds shall be sold and the proceeds	27407
applied to the purchase, redemption, or payment of the bonds to be	27408
refunded. Lake facilities authority revenue bonds shall be special	27409
obligations of the lake facilities authority payable out of the	27410
revenues of the lake facilities authority that are pledged for	27411
such payment. The pledge shall be valid and binding from the time	27412
the pledge is made and the revenues so pledged and thereafter	27413
received by the lake facilities authority immediately shall be	27414
subject to the lien of the pledge without any physical delivery	27415
thereof or further act, and the lien of the pledge is valid and	27416
binding as against all parties having claims of any kind in tort,	27417
contract, or otherwise against the lake facilities authority,	27418
irrespective of whether those parties have notice thereof. Neither	27419
the resolution nor any trust agreement by which a pledge is	27420
created need be filed or recorded except in the records of the	27421
lake facilities authority.	27422

Whether or not the lake facilities authority revenue bonds	27423
are of such form and character as to be negotiable instruments,	27424
the lake facilities authority revenue bonds shall have all the	27425
qualities and incidents of negotiable instruments, subject only to	27426
the provisions of the bonds for registration.	27427

The lake facilities authority revenue bonds shall be	27428
authorized by resolution of the lake facilities authority, and	27429
shall bear interest at such rate or rates, shall bear such date or	27430
dates, and shall mature at such time or times, and in such number	27431
of installments as may be provided in or pursuant to that	27432
resolution. The final maturity of any lake facilities authority	27433
revenue bond in the form of a note and any renewals thereof shall	27434
not exceed five years from the date of issue of the original note.	27435
The final maturity of any issue of lake facilities authority	27436
revenue bonds shall not be later than forty-five years from the	27437
date of issue of the original issue of bonds. Any such bonds or	27438
notes shall be executed in a manner as the resolution or	27439
resolutions may provide. The lake facilities authority revenue	27440
bonds shall be in such denominations, be in such form, either	27441
coupon or registered, carry such registration privileges, be	27442
payable in such medium of payment, at such place or places, and be	27443
subject to such terms of redemption as may be provided in or	27444
pursuant to the resolution authorizing their issuance. Lake	27445
facilities authority revenue bonds of the lake facilities	27446
authority may be sold by the lake facilities authority, at public	27447
or private sale, at or at not less than a price or prices as the	27448
lake facilities authority determines. In case any officer whose	27449
signature or a facsimile of whose signature appears on any bonds,	27450
notes, or coupons, ceases to be such officer before delivery of	27451
bonds or notes, the signature or facsimile shall nevertheless be	27452
sufficient for all purposes the same as if the officer had	27453
remained in office until such delivery, and in case the seal of	27454
the lake facilities authority has been changed after a facsimile	27455
has been imprinted on such bonds or notes, the facsimile seal will	27456
continue to be sufficient for all purposes.	27457

Any resolution or resolutions authorizing any lake facilities	27458
authority revenue bonds or any issue of bonds may contain	27459
provisions, subject to any agreements with bondholders as may then	27460
exist, which provisions shall be a part of the contract with the	27461
holders of bonds, as to the pledging of all or any part of the	27462
revenues of the lake facilities authority to secure the payment of	27463
the lake facilities authority bonds or of any issue of the bonds;	27464
the use and disposition of revenues of the lake facilities	27465
authority; a covenant to fix, alter, and collect rentals and other	27466
charges so that pledged revenues will be sufficient to pay costs	27467
of operation, maintenance, and repairs, pay principal of and	27468
interest on bonds secured by the pledge of such revenues, and	27469
provide any reserves that may be required by the applicable	27470
resolution or trust agreement; the setting aside of reserve funds,	27471
sinking funds, or replacement and improvement funds and the	27472
regulation and disposition thereof; the crediting of the proceeds	27473
of the sale of bonds to and among the funds referred to or	27474
provided for in or pursuant to the resolution authorizing the	27475
issuance of the bonds or notes; the use, lease, sale, or other	27476
disposition of any lake facilities authority facility or any other	27477
assets of the lake facilities authority; limitations on the	27478
purpose to which the proceeds of sale of bonds may be applied and	27479
the pledging of those proceeds to secure the payment of the bonds	27480
or of any issue of the bonds; as to notes issued in anticipation	27481
of the issuance of bonds, the agreement of the lake facilities	27482
authority to do all things necessary for the authorization,	27483
issuance, and sale of the bonds in amounts that may be necessary	27484
for the timely retirement of the notes; limitations on the	27485
issuance of additional bonds; the terms upon which additional	27486
bonds may be issued and secured; the refunding of outstanding	27487
bonds; the procedure, if any, by which the terms of any contract	27488
with bondholders may be amended or abrogated, the amount of bonds	27489
the holders of which must consent thereto, and the manner in which	27490
such consent may be given; limitations on the amount of moneys to	27491
be expended by the lake facilities authority for operating,	27492
administrative, or other expenses of the lake facilities	27493
authority; securing any bonds or notes by a trust agreement; and	27494
any other matters, of like or different character, that in any way	27495
affect the security or protection of the bonds or notes.	27496

Neither the board of directors of the lake facilities	27497
authority nor any person executing the bonds shall be liable	27498
personally on the bonds or be subject to any personal liability or	27499
accountability by reason of the issuance thereof.	27500

The issuance of lake facilities authority revenue bonds under	27501
this section need not comply with any other law applicable to the	27502
issuance of bonds or notes.	27503

Sec. 353.10. (A) With respect to facilities, and their	27504
financing, for an authorized purpose, under agreements whereby the	27505
person to whom the facility is to be leased, subleased, or sold,	27506
or to whom a loan is to be made for the facility, is to make	27507
payments sufficient to pay all of the principal of, premium, if	27508
any, and interest on the lake facilities authority revenue bonds	27509
issued for the facility, the lake facilities authority, in	27510
addition to other powers under this chapter, may do any of the	27511
following:	27512

(1) Make loans for the acquisition or construction of the	27513
facility to such person upon such terms as the lake facilities	27514
authority may determine or authorize including secured or	27515
unsecured loans, and, in connection therewith, enter into loan	27516
agreements and other agreements, accept notes and other forms of	27517
obligation to evidence such indebtedness and mortgages, liens,	27518
pledges, assignments, or other security interests to secure such	27519
indebtedness, which may be prior or subordinate to or on a parity	27520
with other indebtedness, obligations, mortgages, pledges,	27521
assignments, other security interests, or liens or encumbrances,	27522
and take actions it considers appropriate to protect such security	27523
and safeguard against losses, including, without limitation,	27524
foreclosure and the bidding upon and purchase of property upon	27525
foreclosure or other sale;	27526

(2) Sell the facility under such terms as it may determine,	27527
including, without limitation, sale by conditional sale or	27528
installment sale, under which title may pass prior to or after	27529
completion of the facility or payment or provisions for payment of	27530
all principal of, premium, if any, and interest on the bonds, or	27531
at any other time provided in the agreement pertaining to the	27532
sale, and including sale under an option to purchase at a price	27533
which may be a nominal amount or less than true value at the time	27534
of purchase;	27535

(3) Grant a mortgage, lien, or other encumbrance on, or	27536
pledge or assignment of, or other security interest with respect	27537
to, all or any part of the facility, revenues, reserve funds, or	27538
other funds established in connection with the bonds, or on, of,	27539
or with respect to any lease, sublease, sale, conditional sale or	27540
installment sale agreement, loan agreement, or other agreement	27541
pertaining to the lease, sublease, sale, or other disposition of a	27542
facility or pertaining to a loan made for a facility, or any	27543
guaranty or insurance agreement made with respect thereto, or any	27544
interest of the lake facilities authority therein, or any other	27545
interest granted, assigned, or released to secure payments of the	27546
principal of, premium, if any, or interest on the bonds or to	27547
secure any other payments to be made by the lake facilities	27548
authority, which mortgage, lien, encumbrance, pledge, assignment,	27549
or other security interest may be prior or subordinate to or on a	27550
parity with any other mortgage, assignment, or other security	27551
interest, or lien or encumbrance;	27552

(4) Provide that the interest on the bonds may be at a	27553
variable rate or rates changing from time to time in accordance	27554
with a base or formula as authorized by the lake facilities	27555
authority;	27556

(5) Contract for the acquisition or construction of the	27557
facility or any part thereof and for the leasing, subleasing,	27558
sale, or other disposition of the facility in a manner determined	27559
by the lake facilities authority in its sole discretion, without	27560
necessity for competitive bidding or performance bonds;	27561

(6) Make appropriate provision for adequate maintenance of	27562
the facility.	27563

(B) With respect to the facilities referred to in this	27564
section, the authority granted by this section is cumulative and	27565
supplementary to all other authority granted in this chapter. The	27566
authority granted by this section does not alter or impair any	27567
similar authority granted elsewhere in this chapter for or with	27568
respect to other facilities.	27569

Sec. 353.11. In the discretion of the lake facilities	27570
authority, any lake facilities authority revenue bonds issued	27571
under this chapter may be secured by a trust agreement between the	27572
lake facilities authority and a corporate trustee that may be any	27573
trust company or bank having the powers of a trust company within	27574
or without the state.	27575

The trust agreement may pledge or assign revenues of the lake	27576
facilities authority to be received and may convey or mortgage any	27577
facility or any part thereof. The trust agreement or any	27578
resolution providing for the issuance of such bonds may contain	27579
any provisions for protecting and enforcing the rights and	27580
remedies of the bondholders as are reasonable and proper and not	27581
in violation of law, including covenants setting forth the duties	27582
of the lake facilities authority in relation to the acquisition of	27583
property, the construction, improvement, maintenance, repair,	27584
operation, and insurance of the facility in connection with which	27585
the bonds are authorized, the rentals or other charges to be	27586
imposed for the use or services of any facility, the custody,	27587
safeguarding, and application of all moneys, and provisions for	27588
the employment of consulting engineers in connection with the	27589
construction or operation of the facility.	27590

Any bank or trust company incorporated under the laws of this	27591
state that may act as depository of the proceeds of bonds or of	27592
revenues may furnish any indemnifying bonds or may pledge any	27593
securities that are required by the lake facilities authority. The	27594
trust agreement may set forth the rights and remedies of the	27595
bondholders and of the trustee, and may restrict the individual	27596
right of action by bondholders as is customary in trust agreements	27597
or trust indentures securing similar bonds. The trust agreement	27598
may contain any other provisions that the lake facilities	27599
authority determines reasonable and proper for the security of the	27600
bondholders. All expenses incurred in carrying out the provisions	27601
of the trust agreement may be treated as a part of the cost of the	27602
operation of the facility.	27603

Sec. 353.12. Any holder of lake facilities authority revenue	27604
bonds issued under sections 353.09 to 353.15 of the Revised Code,	27605
or any of the coupons pertaining to those bonds, and the trustee	27606
under any trust agreement, except to the extent the rights given	27607
by those sections may be restricted by the applicable resolution	27608
or that trust agreement, may by suit, action, mandamus, or other	27609
proceedings, protect and enforce any rights under the laws of the	27610
state or granted under those sections, the trust agreement, or the	27611
resolution authorizing the issuance of the bonds, and may enforce	27612
and compel the performance of all duties required by those	27613
sections, or by the trust agreement or resolution, to be performed	27614
by the lake facilities authority or any officer of the lake	27615
facilities authority, including the fixing, charging, and	27616
collecting of rentals or other charges.	27617

Sec. 353.13. Lake facilities authority revenue bonds issued	27618
under sections 353.09 to 353.15 of the Revised Code do not	27619
constitute a debt, or a pledge of the faith and credit, of the	27620
state or any political subdivision of the state. The holders or	27621
owners of the bonds have no right to have taxes levied by the	27622
general assembly or taxing authority of any political subdivision	27623
of the state for the payment of the principal of or interest on	27624
the bonds. The bonds are payable solely from the revenues and	27625
funds pledged for their payment as authorized by this chapter,	27626
unless the revenue bonds are notes issued in anticipation of the	27627
issuance of the bonds, or the revenue bonds are refunded by	27628
refunding bonds issued under section 353.09 of the Revised Code,	27629
provided that the refunding bonds shall be payable solely from	27630
revenues and funds pledged for their payment as authorized by that	27631
section. All bonds shall contain on the face thereof a statement	27632
to the effect that the bonds, as to both principal and interest,	27633
are not debts of the state or any political subdivision of the	27634
state, but are payable solely from revenues and funds pledged for	27635
their payment.	27636

Sec. 353.14. All moneys, funds, properties, and assets	27637
acquired by the lake facilities authority under this chapter,	27638
whether as proceeds from the sale of lake facilities authority	27639
revenue bonds or as revenues, or otherwise, shall be held by it in	27640
trust for the purposes of carrying out its powers and duties,	27641
shall be used and reused as provided in this chapter, and shall at	27642
no time be part of other public funds. Such funds, except as	27643
otherwise provided in any resolution authorizing its lake	27644
facilities authority revenue bonds or in any trust agreement	27645
securing those bonds, or except when invested pursuant to section	27646
353.15 of the Revised Code, shall be kept in depositories selected	27647
by the lake facilities authority in the manner provided in Chapter	27648
135. of the Revised Code for the selection of eligible public	27649
depositories, and the deposits shall be secured as provided in	27650
that chapter. The resolution authorizing the issuance of such	27651
bonds or the trust agreement securing the bonds shall provide that	27652
any officer to whom, or any bank or trust company to which, such	27653
money is paid shall act as trustee of the money and hold and apply	27654
the money for the purposes for which the bonds are issued, subject	27655
to such conditions as Chapter 135. of the Revised Code and such	27656
resolutions or trust agreement provide.	27657

Sec. 353.15. Except as otherwise provided in any resolution	27658
authorizing the issuance of its lake facilities authority revenue	27659
bonds or in any trust agreement securing the bonds, moneys in the	27660
funds of the lake facilities authority in excess of current needs	27661
may be invested as permitted by sections 135.01 to 135.21 of the	27662
Revised Code or invested in linked deposit programs established by	27663
resolution of the board of directors in accordance with section	27664
135.80 of the Revised Code. Income from all investments of moneys	27665
in any fund shall be credited to funds as the lake facilities	27666
authority determines, subject to the provisions of any such	27667
resolution or trust agreement, and the investments may be sold at	27668
any time the lake facilities authority determines.	27669

Sec. 353.16. Bonds of a lake facilities authority and lake	27670
facilities authority revenue bonds are lawful investments of	27671
banks, societies for savings, trust companies, savings and loan	27672
associations, deposit guaranty associations, trustees,	27673
fiduciaries, trustees or other officers having charge of the bond	27674
retirement funds or sinking funds of port authorities and	27675
political subdivisions, and taxing districts of this state, the	27676
commissioners of the sinking fund of this state, the administrator	27677
of workers' compensation, the state teachers retirement system,	27678
the school employees retirement system, the public employees	27679
retirement system, the Ohio police and fire pension fund, and	27680
insurance companies, including domestic life insurance companies	27681
and domestic insurance companies other than life, and are	27682
acceptable as security for the deposit of public moneys.	27683

Sec. 511.261. If a township park district enters into an	27684
agreement for the sale or lease of mineral rights regarding a park	27685
within the district, any royalties or other moneys resulting from	27686
the sale or lease shall be deposited into a special fund that the	27687
board of park commissioners shall establish under division (F) of	27688
section 5705.09 of the Revised Code. The fund shall be used	27689
exclusively for maintenance of parks within the district and for	27690
the acquisition of new park lands.	27691

Sec. 517.271. Notwithstanding section 517.22 of the Revised	27692
Code, the company, association, or religious society that most	27693
recently owned and operated a cemetery currently owned by a board	27694
of township trustees may petition the probate court of the county	27695
in which the cemetery is located to transfer the ownership of the	27696
cemetery to the petitioner.	27697

If the court determines that the petitioner has met all of	27698
the following conditions, the court shall transfer the ownership	27699
of the cemetery to the petitioner and shall order the board to	27700
give the petitioner all necessary records and documents concerning	27701
the cemetery, including records of the board's sale of any lots	27702
pursuant to section 517.07 of the Revised Code:	27703

(A) The petitioner has the financial resources necessary to	27704
operate and maintain the cemetery;	27705

(B) The petitioner is in compliance with all applicable laws	27706
and administrative rules concerning the owners and operators of	27707
cemeteries, including registration under section 4767.02 of the	27708
Revised Code; and	27709

27710

Sec. 715.013. (A) Except as otherwise expressly authorized by	27711
the Revised Code, no municipal corporation shall levy a tax that	27712
is the same as or similar to a tax levied under Chapter 322.,	27713
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	27714
5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5736.,	27715
5737., 5739., 5741., 5743., or 5749., or 5751. of the Revised	27716
Code.	27717

(B) This section does not prohibit a municipal corporation	27718
from levying a tax on any of the following:	27719

(1) Amounts received for admission to any place;

27720

(2) The income of an electric company or combined company, as	27721
defined in section 5727.01 of the Revised Code;	27722

(3) On and after January 1, 2004, the income of a telephone	27723
company, as defined in section 5727.01 of the Revised Code.	27724

Sec. 715.691. (A) As used in this section:

27725

(1) "Contracting party" means a municipal corporation that	27726
has entered into a joint economic development zone contract or any	27727
party succeeding to the municipal corporation, or a township that	27728
entered into a joint economic development zone contract with a	27729
municipal corporation.	27730

(2) "Zone" means a joint economic development zone designated	27731
under this section.	27732

(B) This section provides alternative procedures and	27733
requirements for creating and operating a joint economic	27734
development zone to those set forth in section 715.69 of the	27735
Revised Code. This section applies only if one of the contracting	27736
parties to the zone does not levy a municipal income tax under	27737
Chapter 718. of the Revised Code. A municipal corporation that	27738
does not levy a municipal income tax may enter into an agreement	27739
to create and operate a joint economic development zone under this	27740
section or under section 715.69 of the Revised Code.	27741

Two or more municipal corporations or one or more townships	27742
and one or more municipal corporations may enter into a contract	27743
whereby they agree to share in the costs of improvements for an	27744
area or areas located in one or more of the contracting parties	27745
that they designate as a joint economic development zone for the	27746
purpose of facilitating new or expanded growth for commercial or	27747
economic development in the state. The contract and zone shall	27748
meet the requirements of divisions (B) to (J) of this section.	27749

(C) The contract shall set forth each contracting party's	27750
contribution to the joint economic development zone. The	27751
contributions may be in any form that the contracting parties	27752
agree to, and may include, but are not limited to, the provision	27753
of services, money, or equipment. The contract may be amended,	27754
renewed, or terminated with the consent of the contracting	27755
parties. The contract shall continue in existence throughout the	27756
term it specifies and shall be binding on the contracting parties	27757
and on any entities succeeding to the contracting parties.	27758

(D) Before the legislative authority of any of the	27759
contracting parties enacts an ordinance or resolution approving a	27760
contract to designate a joint economic development zone, the	27761
legislative authority of each of the contracting parties shall	27762
hold a public hearing concerning the contract and zone. Each	27763
legislative authority shall provide at least thirty days' public	27764
notice of the time and place of the public hearing in a newspaper	27765
of general circulation in the municipal corporation or township.	27766
During the thirty-day period prior to the public hearing, all of	27767
the following documents shall be available for public inspection	27768
in the office of the clerk of the legislative authority of a	27769
municipal corporation that is a contracting party and in the	27770
office of the fiscal officer of a township that is a contracting	27771
party:	27772

(1) A copy of the contract designating the zone;

27773

(2) A description of the area or areas to be included in the	27774
zone, including a map in sufficient detail to denote the specific	27775
boundaries of the area or areas;	27776

(3) An economic development plan for the zone that includes a	27777
schedule for the provision of any new, expanded, or additional	27778
services, facilities, or improvements.	27779

A public hearing held under division (D) of this section	27780
shall allow for public comment and recommendations on the contract	27781
and zone. The contracting parties may include in the contract any	27782
of those recommendations prior to approval of the contract.	27783

(E) After the public hearings required under division (D) of	27784
this section have been held, each contracting party may enact an	27785
ordinance or resolution approving the contract to designate a	27786
joint economic development zone. After each contracting party has	27787
enacted an ordinance or resolution, the clerk of the legislative	27788
authority of a municipal corporation that is a contracting party	27789
and the fiscal officer of a township that is a contracting party	27790
shall file with the board of elections of each county within which	27791
a contracting party is located a copy of the ordinance or	27792
resolution approving the contract and shall direct the board of	27793
elections to submit the ordinance or resolution to the electors of	27794
the contracting party on the day of the next general, primary, or	27795
special election occurring at least ninety days after the	27796
ordinance or resolution is filed with the board of elections. If	27797
any of the contracting parties is a township, however, then only	27798
the township or townships shall submit the resolution to the	27799
electors.	27800

(F)(1) If a vote is required to approve a municipal	27801
corporation as a contracting party to a joint economic development	27802
zone under this section, the ballot shall be in the following	27803
form:	27804

"Shall the ordinance of the legislative authority of the	27805
(city or village) of (name of contracting party) approving the	27806
contract with (name of each other contracting party) for the	27807
designation of a joint economic development zone be approved?	27808

27809

		FOR THE ORDINANCE AND CONTRACT			27810
		AGAINST THE ORDINANCE AND CONTRACT	"		27811

27812

(2) If a vote is required to approve a township as a	27813
contracting party to a joint economic development zone under this	27814
section, the ballot shall be in the following form:	27815

"Shall the resolution of the board of township trustees of	27816
the township of (name of contracting party) approving the contract	27817
with (name of each other contracting party) for the designation of	27818
a joint economic development zone be approved?	27819

27820

		FOR THE RESOLUTION AND CONTRACT			27821
		AGAINST THE RESOLUTION AND CONTRACT	"		27822

27823

If a majority of the electors of each contracting party	27824
voting on the issue vote for the ordinance or resolution and	27825
contract, the ordinance or resolution shall become effective	27826
immediately and the contract shall go into effect immediately or	27827
in accordance with its terms.	27828

(G)(1) A board of directors shall govern each joint economic	27829
development zone created under section 715.691 of the Revised	27830
Code. The members of the board shall be appointed as provided in	27831
the contract. Each of the contracting parties shall appoint three	27832
members to the board. Terms for each member shall be for two	27833
years, each term ending on the same day of the month of the year	27834
as did the term that it succeeds. A member may be reappointed to	27835
the board.	27836

(2) Membership on the board is not the holding of a public	27837
office or employment within the meaning of any section of the	27838
Revised Code or any charter provision prohibiting the holding of	27839
other public office or employment. Membership on the board is not	27840
a direct or indirect interest in a contract or expenditure of	27841
money by a municipal corporation, township, county, or other	27842
political subdivision with which a member may be affiliated.	27843
Notwithstanding any provision of law or a charter to the contrary,	27844
no member of the board shall forfeit or be disqualified from	27845
holding any public office or employment by reason of membership on	27846
the board.	27847

(3) The board is a public body for the purposes of section	27848
121.22 of the Revised Code. Chapter 2744. of the Revised Code	27849
applies to the board and the zone.	27850

(H) The contract may grant to the board of directors	27851
appointed under division (G) of this section the power to adopt a	27852
resolution to levy an income tax within the zone. The income tax	27853
shall be used for the purposes of the zone and for the purposes of	27854
the contracting ~~municipal corporations~~parties pursuant to the	27855
contract. The income tax may be levied in the zone based on income	27856
earned by persons working within the zone and on the net profits	27857
of businesses located in the zone. The income tax is subject to	27858
Chapter 718. of the Revised Code, except that a vote shall be	27859
required by the electors residing in the zone to approve the rate	27860
of income tax unless a majority of the electors residing within	27861
the zone, as determined by the total number of votes cast in the	27862
zone for the office of governor at the most recent general	27863
election for that office, submit a petition to the board	27864
requesting that the election provided for in division (H)(1) of	27865
this section not be held. If no electors reside within the zone,	27866
then division (H)(3) of this section applies. The rate of the	27867
income tax shall be no higher than the highest rate being levied	27868
by a municipal corporation that is a party to the contract.	27869

(1) The board of directors may levy an income tax at a rate	27870
that is not higher than the highest rate being levied by a	27871
municipal corporation that is a party to the contract, provided	27872
that the rate of the income tax is first submitted to and approved	27873
by the electors of the zone at the succeeding regular or primary	27874
election, or a special election called by the board, occurring	27875
subsequent to ninety days after a certified copy of the resolution	27876
levying the income tax and calling for the election is filed with	27877
the board of elections. If the voters approve the levy of the	27878
income tax, the income tax shall be in force for the full period	27879
of the contract establishing the zone. No election shall be held	27880
under this section if a majority of the electors residing within	27881
the zone, determined as specified in division (H) of this section,	27882
submit a petition to that effect to the board of directors. Any	27883
increase in the rate of an income tax by the board of directors	27884
shall be approved by a vote of the electors of the zone and shall	27885
be in force for the remaining period of the contract establishing	27886
the zone.	27887

(2) Whenever a zone is located in the territory of more than	27888
one contracting party, a majority vote of the electors in each of	27889
the several portions of the territory of the contracting parties	27890
constituting the zone approving the levy of the tax is required	27891
before it may be imposed under division (H) of this section.	27892

(3) If no electors reside in the zone, no election for the	27893
approval or rejection of an income tax shall be held under this	27894
section, provided that where no electors reside in the zone, the	27895
rate of the income tax shall be no higher than the highest rate	27896
being levied by a municipal corporation that is a party to the	27897
contract.	27898

(4) The board of directors of a zone levying an income tax	27899
shall enter into an agreement with one of the municipal	27900
corporations that is a party to the contract to administer,	27901
collect, and enforce the income tax on behalf of the zone.	27902

(5) The board of directors of a zone shall publish or post	27903
public notice within the zone of any resolution adopted levying an	27904
income tax in the same manner required of municipal corporations	27905
under sections 731.21 and 731.25 of the Revised Code.	27906

(I)(1) If for any reason a contracting party reverts to or	27907
has its boundaries changed so that it is classified as a township	27908
that is the entity succeeding to that contracting party, the	27909
township is considered to be a municipal corporation for the	27910
purposes of the contract for the full period of the contract	27911
establishing the joint economic development zone, except that if	27912
that contracting party is administering, collecting, and enforcing	27913
the income tax on behalf of the district as provided in division	27914
(H)(4) of this section, the contract shall be amended to allow one	27915
of the other contracting parties to administer, collect, and	27916
enforce that tax.	27917

(2) Notwithstanding any other section of the Revised Code, if	27918
there is any change in the boundaries of a township so that a	27919
municipal corporation once located within the township is no	27920
longer so located, the township shall remain in existence even	27921
though its remaining unincorporated area contains less than	27922
twenty-two square miles, if the township has been or becomes a	27923
party to a contract creating a joint economic development zone	27924
under this section or the contract creating that joint economic	27925
development zone under this section is terminated or repudiated	27926
for any reason by any party or person. The township shall continue	27927
its existing status in all respects, including having the same	27928
form of government and the same elected board of trustees as its	27929
governing body. The township shall continue to receive all of its	27930
tax levies and sources of income as a township in accordance with	27931
any section of the Revised Code, whether the levies and sources of	27932
income generate millage within the ten-mill limitation or in	27933
excess of the ten-mill limitation. The name of the township may be	27934
changed to the name of the contracting party appearing in the	27935
contract creating a joint economic development zone under this	27936
section, so long as the name does not conflict with any other name	27937
in the state that has been certified by the secretary of state.	27938
The township shall have all of the powers set out in sections	27939
715.79, 715.80, and 715.81 of the Revised Code.	27940

(J) If, after creating and operating a joint economic	27941
development zone under this section, a contracting party that did	27942
not levy a municipal income tax under Chapter 718. of the Revised	27943
Code levies such a tax, the tax shall not apply to the zone for	27944
the full period of the contract establishing the zone, if the	27945
board of directors of the zone has levied an income tax as	27946
provided in division (H) of this section.	27947

Sec. 721.01. Municipal corporations have special power to	27948
sell or lease real estate or to sell personal property belonging	27949
to the municipal corporation, when such real estate or personal	27950
property is not needed for any municipal purpose. Such power shall	27951
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	27952
~~inclusive, of the Revised Code~~this chapter.	27953

Sec. 721.03. No contract, except as provided in section	27954
721.28 of the Revised Code, for the sale or lease of real estate	27955
belonging to a municipal corporation shall be made unless	27956
authorized by an ordinance, approved by a two-thirds vote of the	27957
members of the legislative authority of such municipal	27958
corporation, and by the board or officer having supervision or	27959
management of such real estate. When the contract is so	27960
authorized, it shall be made in writing by such board or officer,	27961
and, except as provided in section 721.27 or 721.29 of the Revised	27962
Code, only with the highest bidder, after advertisement once a	27963
week for five consecutive weeks in a newspaper of general	27964
circulation within the municipal corporation or as provided in	27965
section 7.16 of the Revised Code. Such board or officer may reject	27966
any bids and readvertise until all such real estate is sold or	27967
leased.	27968

Sec. 721.29. The legislative authority of a city may sell to	27969
a board of county commissioners real estate belonging to the city	27970
that is no longer needed for city purposes upon such lawful terms	27971
as are agreed upon between the city and the board of county	27972
commissioners, without competitive bidding as required by section	27973
721.03 of the Revised Code. No such sale shall be made unless the	27974
contract for the sale is authorized by ordinance, approved by a	27975
two-thirds vote of the members of the legislative authority of the	27976
city, and by the board or officer having supervision or management	27977
of the real estate.	27978

Sec. 731.091. (A) The legislative authority of a village may,	27979
by the adoption of an ordinance or resolution to eliminate	27980
staggered terms of office, determine that all members of the	27981
legislative authority shall be elected at the same municipal	27982
election as provided for in this section.	27983

(B) At the regular municipal election occurring not less than	27984
ninety days after the certification of the ordinance or resolution	27985
to the board of elections eliminating staggered terms of office,	27986
the following apply:	27987

(1) If there are six members of the legislative authority,	27988
~~three~~the number of members eligible for election at that regular	27989
municipal election shall be elected ~~at the next regular municipal~~	27990
~~election for~~to two-year nonstaggered terms, and all members of	27991
the legislative authority shall be elected to four-year	27992
nonstaggered terms at all following municipal elections.	27993

(2) If there are five members of the legislative authority,	27994
~~three~~a number of members that is one less than the number of	27995
members that would otherwise be eligible for election at that	27996
regular municipal election but for the first-time implementation	27997
of the new membership of five, or, in the case of a village that	27998
has previously reduced its number of members to five, then the	27999
number of members eligible for election at that regular municipal	28000
election shall be elected ~~at the next municipal election for~~to	28001
two-year nonstaggered terms, and all members shall be elected to	28002
four-year nonstaggered terms at all following municipal elections.	28003

Sec. 737.41. (A) The legislative authority of a municipal	28004
corporation in which is established a municipal court, other than	28005
a county-operated municipal court, that has a department of	28006
probation shall establish in the municipal treasury a municipal	28007
probation services fund. The fund shall contain all moneys paid to	28008
the treasurer of the municipal corporation under section 2951.021	28009
of the Revised Code for deposit into the fund. The treasurer of	28010
the municipal corporation shall disburse the money contained in	28011
the fund at the request of the municipal court department of	28012
probation, for use only by that department for specialized staff,	28013
purchase of equipment, purchase of services, reconciliation	28014
programs for offenders and victims, other treatment programs,	28015
including ~~alcohol and drug~~community addiction ~~programs~~services	28016
providers certified under section ~~3793.06~~5119.36 of the Revised	28017
Code, determined to be appropriate by the chief probation officer,	28018
and other similar expenses related to placing offenders under a	28019
community control sanction.	28020

(B) Any money in a municipal probation services fund at the	28021
end of a fiscal year shall not revert to the treasury of the	28022
municipal corporation but shall be retained in the fund.	28023

28024

(1) "County-operated municipal court" has the same meaning as	28025
in section 1901.03 of the Revised Code.	28026

(2) "Community control sanction" has the same meaning as in	28027
section 2929.01 of the Revised Code.	28028

Sec. 742.14. (A) The board of trustees of the Ohio police	28029
and fire pension fund shall have prepared triennially by or under	28030
the supervision of an actuary an actuarial valuation of the	28031
pension assets, liabilities, and funding requirements of the Ohio	28032
police and fire pension fund as established pursuant to sections	28033
742.01 to 742.61 of the Revised Code. The actuary shall complete	28034
the valuation in accordance with actuarial standards of practice	28035
promulgated by the actuarial standards board of the American	28036
academy of actuaries and prepare a report of the valuation. The	28037
report shall include all of the following:	28038

(1) A summary of the benefit provisions evaluated;

28039

(2) A summary of the census data and financial information	28040
used in the valuation;	28041

(3) A description of the actuarial assumptions, actuarial	28042
cost method, and asset valuation method used in the valuation,	28043
including a statement of the assumed rate of payroll growth and	28044
assumed rate of growth or decline in the number of members of the	28045
fund contributing to the pension fund;	28046

(4) A summary of findings that includes a statement of the	28047
actuarial accrued pension liabilities and unfunded actuarial	28048
accrued pension liabilities;	28049

(5) A schedule showing the effect of any changes in the	28050
benefit provisions, actuarial assumptions, or cost methods since	28051
the last triennial actuarial valuation;	28052

(6) A statement of whether employee and employer	28053
contributions to the pension fund are expected to be sufficient to	28054
satisfy the funding objectives established by the board.	28055

The first triennial report shall be made not later than	28056
November 1, 2013, to the Ohio retirement study council, the	28057
director of budget and management, and the standing committees of	28058
the house of representatives and the senate with primary	28059
responsibility for retirement legislation immediately upon its	28060
availability and thereafter triennially, not later than the first	28061
day of November.	28062

(B) At such times as the board determines, and at least once	28063
in each quinquennial period, the board shall have prepared by or	28064
under the supervision of an actuary an actuarial investigation of	28065
the mortality, service, and other experience of the members of the	28066
fund and of other system retirants, as defined in section 742.26	28067
of the Revised Code, who are members of a police department or a	28068
fire department to update the actuarial assumptions used in the	28069
actuarial valuation required by division (A) of this section. The	28070
actuary shall prepare a report of the actuarial investigation. The	28071
report shall be prepared and any recommended changes in actuarial	28072
assumptions shall be made in accordance with the actuarial	28073
standards of practice promulgated by the actuarial standards board	28074
of the American academy of actuaries. The report shall include all	28075
of the following:	28076

(1) A summary of relevant decrement and economic assumption	28077
experience observed over the period of the investigation;	28078

(2) Recommended changes in actuarial assumptions to be used	28079
in subsequent actuarial valuations required by division (A) of	28080
this section;	28081

(3) A measurement of the financial effect of the recommended	28082
changes in actuarial assumptions;	28083

(4) If the investigation required by this division includes	28084
the investigation required by division (E) of this section, a	28085
report of the result of that investigation.	28086

The board shall submit the report to the Ohio retirement	28087
study council and the standing committees of the house of	28088
representatives and the senate with primary responsibility for	28089
retirement legislation not later than the first day of November	28090
following the last fiscal year of the period the report covers.	28091

(C) The board shall have prepared by or under the supervision	28092
of an actuary an actuarial analysis of any introduced legislation	28093
expected to have a measurable financial impact on the pension	28094
fund. The actuarial analysis shall be completed in accordance with	28095
the actuarial standards of practice promulgated by the actuarial	28096
standards board of the American academy of actuaries. The actuary	28097
shall prepare a report of the actuarial analysis, which shall	28098
include all of the following:	28099

(1) A summary of the statutory changes that are being	28100
evaluated;	28101

(2) A description of or reference to the actuarial	28102
assumptions and actuarial cost method used in the report;	28103

(3) A description of the participant group or groups included	28104
in the report;	28105

(4) A statement of the financial impact of the legislation,	28106
including the resulting increase, if any, in the employer normal	28107
cost percentage; the increase, if any, in actuarial accrued	28108
liabilities; and the per cent of payroll that would be required to	28109
amortize the increase in actuarial accrued liabilities as a level	28110
per cent of covered payroll for all active members of the fund	28111
over a period not to exceed thirty years;	28112

(5) A statement of whether the scheduled contributions to the	28113
system after the proposed change is enacted are expected to be	28114
sufficient to satisfy the funding objectives established by the	28115
board.	28116

Not later than sixty days from the date of introduction of	28117
the legislation, the board shall submit a copy of the actuarial	28118
analysis to the legislative service commission, the standing	28119
committees of the house of representatives and the senate with	28120
primary responsibility for retirement legislation, and the Ohio	28121
retirement study council.	28122

(D) The board shall have prepared triennially a report giving	28123
a full accounting of the revenues and costs relating to the	28124
provision of benefits under section 742.45 of the Revised Code.	28125
The first triennial report shall be made as of December 31, 2013,	28126
and the thirty-first day of December triennially thereafter. The	28127
report shall include the following:	28128

(1) A description of the statutory authority for the benefits	28129
provided;	28130

(2) A summary of the benefits;

28131

(3) A summary of the eligibility requirements for the	28132
benefits;	28133

(4) A statement of the number of participants eligible for	28134
the benefits;	28135

(5) A description of the accounting, asset valuation, and	28136
funding method used to provide the benefits;	28137

(6) A statement of the net assets available for the provision	28138
of the benefits as of the last day of the fiscal year;	28139

(7) A statement of any changes in the net assets available	28140
for the provision of benefits, including participant and employer	28141
contributions, net investment income, administrative expenses, and	28142
benefits provided to participants, as of the last day of the	28143
fiscal year;	28144

(8) For the last six consecutive fiscal years, a schedule of	28145
the net assets available for the benefits, the annual cost of	28146
benefits, administrative expenses incurred, and annual employer	28147
contributions allocated for the provision of benefits;	28148

(9) A description of any significant changes that affect the	28149
comparability of the report required under this division;	28150

(10) A statement of the amount paid under division (B) of	28151
section 742.45 of the Revised Code.	28152

The board shall submit the report to the Ohio retirement	28153
study council, the director of budget and management, and the	28154
standing committees of the house of representatives and the senate	28155
with primary responsibility for retirement legislation immediately	28156
upon its availability and not later than the thirtieth day of June	28157
following the year for which the report was made.	28158

(E) At least once in each quinquennial period, the board	28159
shall have prepared by or under the supervision of an actuary an	28160
actuarial investigation of the deferred retirement option plan	28161
established under section 742.43 of the Revised Code. The	28162
investigation shall include an examination of the financial	28163
impact, if any, on the fund of offering the plan to members.	28164

The actuary shall prepare a report of the actuarial	28165
investigation. The report shall include a determination of whether	28166
the plan, as established or modified, has a negative financial	28167
impact on the fund and, if so, recommendations on how to modify	28168
the plan to eliminate the negative financial impact. If the	28169
actuarial report indicates that the plan has a negative financial	28170
impact on the fund, the board may modify the plan or cease to	28171
allow members who have not already done so to elect to participate	28172
in the plan. The firefighter and police officers employers'	28173
contributions shall not be increased to offset any negative	28174
financial impact of the plan.	28175

If the board ceases to allow members to elect to participate	28176
in the plan, the rights and obligations of members who have	28177
already elected to participate shall not be altered.	28178

The board may include the actuarial investigation required	28179
under this division as part of the actuarial investigation	28180
required under division (B) of this section. If the report of the	28181
actuarial investigation required by this division is not included	28182
in the report required by division (B) of this section, the board	28183
shall submit the report required by this division to the Ohio	28184
retirement study council and the standing committees of the house	28185
of representatives and the senate with primary responsibility for	28186
retirement legislation not later than the first day of November	28187
following the last fiscal year of the period the report covers.	28188

Sec. 743.50. (A) A municipal corporation that has established	28189
and implemented a watershed management program with regard to	28190
reservoirs for drinking water shall not include in the program any	28191
prohibition against maintenance of property that constitutes a	28192
buffer around a body of water that is part of such a reservoir by	28193
an owner of property that is contiguous to the buffer.	28194

(B) A municipal corporation that has established and	28195
implemented a watershed management program with regard to	28196
reservoirs for drinking water shall not include in the program any	28197
prohibition against mowing grass, weeds, or other vegetation on	28198
municipal property that constitutes a buffer around a body of	28199
water that is part of such a reservoir by owners of property	28200
contiguous to the buffer.	28201

(C) No peace officer or other official with authority to cite	28202
trespassers on municipal property described in this section may	28203
issue a civil or criminal citation to any individual who enters	28204
municipal property buffering a reservoir for the sole purpose of	28205
mowing grass, weeds, or other vegetation in an effort to beautify	28206
the municipal property that is contiguous to property owned by the	28207
individual.	28208

Sec. 755.06. (A) The board of park commissioners shall have	28209
the expenditures of all moneys appropriated by the legislative	28210
authority of the city or received from any other source for the	28211
purchase, acquisition, improvement, maintenance, equipment, or	28212
enjoyment of all property mentioned in section 755.05 of the	28213
Revised Code, but no liability shall be incurred or expenditure	28214
made unless the money required therefor is in the treasury to the	28215
credit of the park fund and not appropriated for any other	28216
purpose.	28217

(B) Notwithstanding division (A) of this section, if the	28218
legislative authority of a municipal corporation enters into an	28219
agreement for the sale or lease of mineral rights regarding lands	28220
that the board of park commissioners manages or controls, any	28221
royalties or other moneys resulting from the sale or lease shall	28222
be deposited into a special fund that the legislative authority	28223
shall establish under division (F) of section 5705.09 of the	28224
Revised Code. The board of park commissioners shall use the fund	28225
exclusively for maintenance of lands that the board manages or	28226
controls and for the acquisition of new park lands.	28227

Sec. 901.21. (A) As used in this section and section 901.22	28228
of the Revised Code:	28229

(1) "Agricultural easement" has the same meaning as in	28230
section 5301.67 of the Revised Code.	28231

(2) "Agriculture" means those activities occurring on land	28232
devoted exclusively to agricultural use, as defined in section	28233
5713.30 of the Revised Code, or on land that constitutes a	28234
homestead.	28235

(3) "Homestead" means the portion of a farm on which is	28236
located a dwelling house, yard, or outbuildings such as a barn or	28237
garage.	28238

(B) The director of agriculture may acquire real property	28239
used predominantly in agriculture and agricultural easements by	28240
gift, devise, or bequest if, at the time an easement is granted,	28241
such an easement is on land that is valued for purposes of real	28242
property taxation at its current value for agricultural use under	28243
section 5713.31 of the Revised Code or that constitutes a	28244
homestead. Any terms may be included in an agricultural easement	28245
so acquired that are necessary or appropriate to preserve on	28246
behalf of the grantor of the easement the favorable tax	28247
consequences of the gift, devise, or bequest under the "Internal	28248
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	28249
The director, by any such means or by purchase or lease, may	28250
acquire, or acquire the use of, stationary personal property or	28251
equipment that is located on land acquired in fee by the director	28252
under this section and that is necessary or appropriate for the	28253
use of the land predominantly in agriculture.	28254

(C) The director may include, in an agricultural easement	28255
acquired under division (B) of this section, a provision to	28256
preserve a unique natural or physical feature on the land so long	28257
as the use of the land remains predominantly agricultural.	28258

(D) The director may do all things necessary or appropriate	28259
to retain the use of real property acquired in fee under division	28260
(B) of this section predominantly in agriculture, including,	28261
without limitation, performing any of the activities described in	28262
division (A)(1) or (2) of section 5713.30 of the Revised Code or	28263
entering into contracts to lease or rent the real property so	28264
acquired to persons or governmental entities that will use the	28265
land predominantly in agriculture.	28266

~~(D)~~(E)(1) When the director considers it to be necessary or	28267
appropriate, the director may sell real property acquired in fee,	28268
and stationary personal property or equipment acquired by gift,	28269
devise, bequest, or purchase, under division (B) of this section	28270
on such terms as the director considers to be advantageous to this	28271
state.	28272

(2) An agricultural easement acquired under division (B) of	28273
this section may be extinguished under the circumstances	28274
prescribed, and in accordance with the terms and conditions set	28275
forth, in the instrument conveying the agricultural easement.	28276

~~(E)~~(F) There is hereby created in the state treasury the	28277
agricultural easement purchase fund. The fund shall consist of the	28278
proceeds received from the sale of real and personal property	28279
under division ~~(D)~~(E) of this section; moneys received due to the	28280
extinguishment of agricultural easements acquired by the director	28281
under division (B) of this section or section 5301.691 of the	28282
Revised Code; moneys received due to the extinguishment of	28283
agricultural easements purchased with the assistance of matching	28284
grants made under section 901.22 of the Revised Code; gifts,	28285
bequests, devises, and contributions received by the director for	28286
the purpose of acquiring agricultural easements; and grants	28287
received from public or private sources for the purpose of	28288
purchasing agricultural easements. The fund shall be administered	28289
by the director, and moneys in the fund shall be used by the	28290
director exclusively to purchase agricultural easements under	28291
division (A) of section 5301.691 of the Revised Code and provide	28292
matching grants under section 901.22 of the Revised Code to	28293
municipal corporations, counties, townships, soil and water	28294
conservation districts established under Chapter 1515. of the	28295
Revised Code, and charitable organizations described in division	28296
(B) of section 5301.69 of the Revised Code for the purchase of	28297
agricultural easements. Money in the fund shall be used only to	28298
purchase agricultural easements on land that is valued for	28299
purposes of real property taxation at its current value for	28300
agricultural use under section 5713.31 of the Revised Code or that	28301
constitutes a homestead when the easement is purchased.	28302

~~(F)~~(G) There is hereby created in the state treasury the	28303
clean Ohio agricultural easement fund. Twelve and one-half per	28304
cent of net proceeds of obligations issued and sold pursuant to	28305
sections 151.01 and 151.09 of the Revised Code shall be deposited	28306
into the fund. The fund shall be used by the director for the	28307
purposes of this section, section 901.22 of the Revised Code, and	28308
the provisions of sections 5301.67 to 5301.70 of the Revised Code	28309
governing agricultural easements. Investment earnings of the fund	28310
shall be credited to the fund and may be used to pay costs	28311
incurred by the director in administering those sections and	28312
provisions.	28313

~~(G)~~(H) The term of an agricultural easement purchased wholly	28314
or in part with money from the clean Ohio agricultural easement	28315
fund or the agricultural easement purchase fund shall be perpetual	28316
and shall run with the land.	28317

Sec. 901.22. (A) The director of agriculture, in accordance	28318
with Chapter 119. of the Revised Code, shall adopt rules that do	28319
all of the following:	28320

(1) Establish procedures and eligibility criteria for making	28321
matching grants to municipal corporations, counties, townships,	28322
soil and water conservation districts established under Chapter	28323
1515. of the Revised Code, and charitable organizations described	28324
in division (B) of section 5301.69 of the Revised Code for the	28325
purchase of agricultural easements. With respect to agricultural	28326
easements that are purchased or proposed to be purchased with such	28327
matching grants that consist in whole or in part of moneys from	28328
the clean Ohio agricultural easement fund created in section	28329
901.21 of the Revised Code, the rules shall establish all of the	28330
following:	28331

(a) Procedures for all of the following:

28332

(i) Soliciting and accepting applications for matching	28333
grants;	28334

(ii) Participation by local governments and by the public in	28335
the process of making matching grants to charitable organizations;	28336

(iii) Notifying local governments, charitable organizations,	28337
and organizations that represent the interests of farmers of the	28338
ranking system established in rules adopted under division	28339
(A)(1)(b) of this section.	28340

(b) A ranking system for applications for the matching grants	28341
that is based on the soil type, proximity of the land or other	28342
land that is conducive to agriculture as defined by rules adopted	28343
under this section and that is the subject of an application to	28344
other agricultural land or other land that is conducive to	28345
agriculture as defined by rules adopted under this section and	28346
that is already or is in the process of becoming permanently	28347
protected from development, farm stewardship, development	28348
pressure, and, if applicable, a local comprehensive land use plan	28349
involved with a proposed agricultural easement. The rules shall	28350
require that preference be given to proposed agricultural	28351
easements that involve the greatest proportion of all of the	28352
following:	28353

(i) Prime soils, unique or locally important soils,	28354
microclimates, or similar features;	28355

(ii) Land that is adjacent to or that is in close proximity	28356
to other agricultural land or other land that is conducive to	28357
agriculture as defined by rules adopted under this section and	28358
that is already or is in the process of becoming permanently	28359
protected from development, by agricultural easement or otherwise,	28360
so that a buffer would exist between the land involving the	28361
proposed agricultural easement and areas that have been developed	28362
or likely will be developed for purposes other than agriculture;	28363

(iii) The use of best management practices, including	28364
federally or state approved conservation plans, and a history of	28365
substantial compliance with applicable federal and state laws;	28366

(iv) Development pressure that is imminent, but not a result	28367
of current location in the direct path of urban development;	28368

(v) Areas identified for agricultural protection in local	28369
comprehensive land use plans.	28370

(c) Any other criteria that the director determines are	28371
necessary for selecting applications for matching grants;	28372

(d) Requirements regarding the information that must be	28373
included in the annual monitoring report that must be prepared for	28374
an agricultural easement under division (E)(2) of section 5301.691	28375
of the Revised Code, procedures for submitting a copy of the	28376
report to the office of farmland preservation in the department of	28377
agriculture, and requirements and procedures governing corrective	28378
actions that may be necessary to enforce the terms of the	28379
agricultural easement.	28380

(2) Establish provisions that shall be included in the	28381
instrument conveying to a municipal corporation, county, township,	28382
soil and water conservation district, or charitable organization	28383
any agricultural easement purchased with matching grant funds	28384
provided by the director under this section, including, without	28385
limitation, all of the following provisions:	28386

(a) A provision stating that an easement so purchased may be	28387
extinguished only if an unexpected change in the conditions of or	28388
surrounding the land that is subject to the easement makes	28389
impossible or impractical the continued use of the land for the	28390
purposes described in the easement, or if the requirements of the	28391
easement are extinguished by judicial proceedings;	28392

(b) A provision requiring that, upon the sale, exchange, or	28393
involuntary conversion of the land subject to the easement, the	28394
holder of the easement shall be paid an amount of money that is at	28395
least equal to the proportionate value of the easement compared to	28396
the total value of the land at the time the easement was acquired;	28397

(c) A provision requiring that, upon receipt of the portion	28398
of the proceeds of a sale, exchange, or involuntary conversion	28399
described in division (A)(2)(b) of this section, the municipal	28400
corporation, county, township, soil and water conservation	28401
district, or charitable organization remit to the director an	28402
amount of money equal to the percentage of the cost of purchasing	28403
the easement it received as a matching grant under this section.	28404

Moneys received by the director pursuant to rules adopted	28405
under division (A)(2)(c) of this section shall be credited to the	28406
agricultural easement purchase fund created in section 901.21 of	28407
the Revised Code.	28408

(3) Establish a provision that provides a charitable	28409
organization, municipal corporation, township, county, or soil and	28410
water conservation district with the option of purchasing	28411
agricultural easements either in installments or with a lump sum	28412
payment. The rules shall include a requirement that a charitable	28413
organization, municipal corporation, township, county, or soil and	28414
water conservation district negotiate with the seller of the	28415
agricultural easement concerning any installment payment terms,	28416
including the dates and amounts of payments and the interest rate	28417
on the outstanding balance. The rules also shall require the	28418
director to approve any method of payment that is undertaken in	28419
accordance with the rules adopted under division (A)(3) of this	28420
section.	28421

(4) Establish any other requirements that the director	28422
considers to be necessary or appropriate to implement or	28423
administer a program to make matching grants under this section	28424
and monitor those grants.	28425

(B) The director may develop guidelines regarding the	28426
acquisition of agricultural easements by the department of	28427
agriculture and the provisions of instruments conveying those	28428
easements. The director may make the guidelines available to	28429
public and private entities authorized to acquire and hold	28430
agricultural easements.	28431

(C) The director may provide technical assistance in	28432
developing a program for the acquisition and monitoring of	28433
agricultural easements to public and private entities authorized	28434
to hold agricultural easements. The technical assistance may	28435
include, without limitation, reviewing and providing advisory	28436
recommendations regarding draft instruments conveying agricultural	28437
easements.	28438

(D)(1) The director may make matching grants from the	28439
agricultural easement purchase fund and the clean Ohio	28440
agricultural easement fund to municipal corporations, counties,	28441
townships, soil and water conservation districts, and charitable	28442
organizations to assist those political subdivisions and	28443
charitable organizations in purchasing agricultural easements.	28444
Application for a matching grant shall be made on forms prescribed	28445
and provided by the director. The matching grants shall be made in	28446
compliance with the criteria and procedures established in rules	28447
adopted under this section. Instruments conveying agricultural	28448
easements purchased with matching grant funds provided under this	28449
section, at a minimum, shall include the mandatory provisions set	28450
forth in those rules.	28451

Matching grants made under this division using moneys from	28452
the clean Ohio agricultural easement fund created in section	28453
901.21 of the Revised Code may provide up to seventy-five per cent	28454
of the value of an agricultural easement as determined by a	28455
general real estate appraiser who is certified under Chapter 4763.	28456
of the Revised Code or as determined through a points-based	28457
appraisal system established under division (D)(2) of this	28458
section. Not less than twenty-five per cent of the value of the	28459
agricultural easement shall be provided by the recipient of the	28460
matching grant or donated by the person who is transferring the	28461
easement to the grant recipient. The amount of such a matching	28462
grant used for the purchase of a single agricultural easement	28463
shall not exceed one million dollars.	28464

(2) The director shall establish a points-based appraisal	28465
system for the purposes of division (D)(1) of this section. The	28466
director may include any or all of the following factors in the	28467
system:	28468

(a) Whether the applicable county auditor has determined that	28469
the land is land that is devoted exclusively to agriculture for	28470
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	28471

(b) Changes in land values following the completion of the	28472
applicable county auditor's reappraisal or triennial update;	28473

28474

(d) Proximity of the land to land that is already subject to	28475
an agricultural easement, conservation easement created under	28476
sections 5301.67 to 5301.70 of the Revised Code, or similar	28477
land-use limitation;	28478

(e) Proximity of the land to water and sewer lines, road	28479
interchanges, and nonagricultural development;	28480

(f) Parcel size and roadway frontage of the land;

28481

(g) Existence of an agreement entered into under division (D)	28482
of section 1515.08 of the Revised Code or of an operation and	28483
management plan developed under division (A) of section 1511.021	28484
of the Revised Code;	28485

(h) Existence of a comprehensive plan that is adopted under	28486
section 303.02 or 519.02 of the Revised Code or that is adopted by	28487
the planning commission of a municipal corporation under section	28488
713.06 of the Revised Code;	28489

(i) Any other factors that the director determines are	28490
necessary for inclusion in the system.	28491

(E) An agricultural easement acquired as a result of a	28492
matching grant awarded under division (D) of this section may	28493
include a provision to preserve a unique natural or physical	28494
feature on the land so long as the use of the land remains	28495
predominantly agricultural.	28496

(F) For any agricultural easement purchased with a matching	28497
grant that consists in whole or in part of moneys from the clean	28498
Ohio agricultural easement fund, the director shall be named as a	28499
grantee on the instrument conveying the easement, as shall the	28500
municipal corporation, county, township, soil and water	28501
conservation district, or charitable organization that receives	28502
the grant.	28503

~~(F)~~(G)(1) The director shall monitor and evaluate the	28504
effectiveness and efficiency of the agricultural easement program	28505
as a farmland preservation tool. On or before July 1, 1999, and	28506
the first day of July of each year thereafter, the director shall	28507
prepare and submit a report to the chairpersons of the standing	28508
committees of the senate and the house of representatives that	28509
consider legislation regarding agriculture. The report shall	28510
consider and address the following criteria to determine the	28511
program's effectiveness:	28512

(a) The number of agricultural easements purchased during the	28513
preceding year;	28514

(b) The location of those easements;

28515

(c) The number of acres of land preserved for agricultural	28516
use;	28517

(d) The amount of money used by a municipal corporation,	28518
township, county, or soil and water conservation district from any	28519
fund to purchase the agricultural easements;	28520

(e) The number of state matching grants given to purchase the	28521
agricultural easements;	28522

(f) The amount of state matching grant moneys used to	28523
purchase the agricultural easements.	28524

(2) The report also shall consider and include, at a minimum,	28525
the following information for each county to determine the	28526
program's efficiency:	28527

(a) The total number of acres in the county;

28528

(b) The total number of acres in current agricultural use;

28529

(c) The total number of acres preserved for agricultural use	28530
in the preceding year;	28531

(d) The average cost, per acre, of land preserved for	28532
agricultural use in the preceding year.	28533

Sec. 901.23. (A) There is hereby created the farmland	28534
preservation advisory board consisting of twelve voting members	28535
appointed by the director of agriculture as follows:	28536

(1) One member who is a county commissioner or a	28537
representative of a statewide organization that represents county	28538
commissioners;	28539

(2) One member who is a township trustee or a representative	28540
of a statewide organization that represents township trustees;	28541

(3) One representative of the Ohio state university;

28542

(4) One representative of a ~~national~~ nonprofit organization	28543
dedicated to the preservation of farmland;	28544

(5) One representative each of development, environmental,	28545
planning, and soil and water conservation interests;	28546

(6) One farmer from each of the state's four quadrants.

28547

Terms of office shall be staggered and shall be for three	28548
years, with each term ending on the same day of the same month as	28549
did the term that it succeeds. Each member shall hold office from	28550
the date of appointment until the end of the term for which the	28551
member was appointed, except that the term of any member who is a	28552
county commissioner or township trustee shall end when the member	28553
ceases to serve as a county commissioner or township trustee.	28554

Members may be reappointed. Vacancies shall be filled in the	28555
manner provided for original appointments. Any member appointed to	28556
fill a vacancy occurring prior to the expiration date of the term	28557
for which the member was appointed shall serve for the remainder	28558
of that term. A member shall continue to serve subsequent to the	28559
expiration date of the member's term until the member's successor	28560
takes office or until a period of sixty days has elapsed,	28561
whichever occurs first. Members shall serve at the pleasure of the	28562
director.	28563

The executive director of the office of farmland preservation	28564
in the department of agriculture or another employee of the	28565
department who is designated by the director shall serve as the	28566
nonvoting chairperson of the board. The director annually shall	28567
designate one member of the board to serve as its	28568
vice-chairperson. The board may adopt bylaws governing its	28569
operation and shall meet at a time when the director, or the	28570
director's designee, considers it appropriate in order for the	28571
board to provide advice as required under division (B) of this	28572
section.	28573

(B) The board shall provide advice to the director regarding	28574
all of the following:	28575

(1) The design and implementation of an agricultural easement	28576
purchase program;	28577

(2) The selection of applications that will be awarded	28578
matching grants under division (D) of section 901.22 of the	28579
Revised Code for the purchase of agricultural easements;	28580

(3) The design and implementation of any other statewide	28581
farmland protection measures that the director considers	28582
appropriate.	28583

(C) Serving as a member of the board does not constitute	28584
holding a public office or position of employment under the laws	28585
of this state and does not constitute grounds for removal of	28586
public officers or employees from their offices or positions of	28587
employment.	28588

(D) A board member shall be reimbursed for actual and	28589
necessary expenses incurred in the discharge of duties as a board	28590
member.	28591

Sec. 903.11. (A) The director of agriculture may enter into	28592
contracts or agreements to carry out the purposes of this chapter	28593
with any public or private person, including ~~the Ohio state~~	28594
~~university~~OSU extension ~~service~~, the natural resources	28595
conservation service in the United States department of	28596
agriculture, the environmental protection agency, the division of	28597
soil and water resources in the department of natural resources,	28598
and soil and water conservation districts established under	28599
Chapter 1515. of the Revised Code. However, the director shall not	28600
enter into a contract or agreement with a private person for the	28601
review of applications for permits to install, permits to operate,	28602
NPDES permits, or review compliance certificates that are issued	28603
under this chapter or for the inspection of a facility regulated	28604
under this chapter or with any person for the issuance of any of	28605
those permits or certificates or for the enforcement of this	28606
chapter and rules adopted under it.	28607

(B) The director may administer grants and loans using moneys	28608
from the federal government and other sources, public or private,	28609
for carrying out any of the director's functions. Nothing in this	28610
chapter shall be construed to limit the eligibility of owners or	28611
operators of animal feeding facilities or other agricultural	28612
enterprises to receive moneys from the water pollution control	28613
loan fund established under section 6111.036 of the Revised Code	28614
and the nonpoint source pollution management fund established	28615
under section 6111.037 of the Revised Code.	28616

The director of agriculture shall provide the director of	28617
environmental protection with written recommendations for	28618
providing financial assistance from those funds to agricultural	28619
enterprises. The director of environmental protection shall	28620
consider the recommendations in developing priorities for	28621
providing financial assistance from the funds.	28622

Sec. 903.30. (A) No person shall violate division (B)(1),	28623
(C)(1), (K), or (M)(1) or (2) of section 903.08 of the Revised	28624
Code or the NPDES provisions of a permit to operate.	28625

(B) No person shall violate or fail to perform any duty	28626
required by sections 903.01 to 903.07 and 903.12 of the Revised	28627
Code, violate a rule, or violate an order or term or condition of	28628
a permit issued by the director of agriculture under those	28629
sections or rules.	28630

(C) The attorney general, upon the written request of the	28631
director, shall prosecute any person who violates division (A) or	28632
(B) of this section.	28633

Sec. 903.99. (A) Whoever negligently violates division	28634
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	28635
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	28636
~~degree on a first offense, a misdemeanor of the second degree on a~~	28637
~~second offense, and a misdemeanor of the first degree on a third~~	28638
~~or subsequent offense. Each ten-day period that the offense~~	28639
~~continues~~shall be fined not more than ten thousand dollars or	28640
imprisoned for not more than ninety days, or both. Each day of	28641
violation constitutes a separate offense. For purposes of this	28642
division, notwithstanding division (D) of section 2901.22 of the	28643
Revised Code, a person acts negligently when, because of a lapse	28644
from due care, the person fails to perceive or avoid a risk that	28645
the person's conduct may cause a certain result or may be of a	28646
certain nature. A person is negligent with respect to	28647
circumstances when, because of a lapse from due care, the person	28648
fails to perceive or avoid a risk that such circumstances may	28649
exist.	28650

(B) Whoever recklessly violates ~~the terms and conditions of a~~	28651
~~permit to install issued under section 903.02 of the Revised Code~~	28652
~~or of a permit to operate issued under section 903.03 of the~~	28653
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	28654
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	28655
~~permit to operate shall be fined not more than twenty-five~~	28656
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	28657
fined not more than ten thousand dollars or imprisoned for not	28658
more than one year, or both. Each day of violation constitutes a	28659
separate offense.	28660

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	28661
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	28662
and shall be fined not more than twenty-five thousand dollars or	28663
imprisoned for not more than three years, or both. Each day of	28664
violation constitutes a separate offense.	28665

Sec. 905.06. The director of agriculture shall:

28666

(A) Gather information on the performance of various	28667
agricultural additives, including distributors' and manufacturers'	28668
claims, the results of investigation or research on additives, and	28669
the conditions when they are useful, and make the information	28670
available to the public;	28671

(B) Provide and distribute, in cooperation with ~~the~~	28672
~~agricultural~~OSU extension ~~service~~, information on the use of	28673
agricultural additives;	28674

(C) Provide for the prompt and thorough investigation of	28675
written complaints received concerning agricultural additives.	28676

Sec. 909.15. All moneys from registration fees and from	28677
fines imposed and recovered under sections 909.01 to 909.18 of the	28678
Revised Code, shall be paid to the director of agriculture, who	28679
shall deposit such moneys in the state treasury to the credit of	28680
the ~~general revenue~~plant pest program fund created in section	28681
927.54 of the Revised Code.	28682

Sec. 924.02. The director of agriculture, subject to	28683
sections 924.01 to 924.16 and Chapter 119. of the Revised Code,	28684
shall do all of the following:	28685

(A) Establish procedures by which producers of Ohio	28686
agricultural commodities may propose, develop, and operate	28687
marketing programs to:	28688

(1) Promote the sale and use of their products;

28689

(2) Develop new uses and markets for such products;

28690

(3) Improve the methods of distributing such products to	28691
consumers;	28692

(4) Standardize the quality of such products for specific	28693
uses.	28694

(B) Adopt and enforce rules to put into effect the intent of	28695
sections 924.01 to 924.16 of the Revised Code;	28696

(C) ~~Determine~~Except as provided in section 924.06 of the	28697
Revised Code, determine the eligibility of producers to	28698
participate in referendums and other procedures that may be	28699
required to establish marketing programs for agricultural	28700
commodities.	28701

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	28702
~~proposed amendment to an agricultural commodity marketing program~~	28703
~~established before April 10, 1985, the director of agriculture~~	28704
~~shall determine by a referendum whether the eligible producers~~	28705
~~favor the proposed amendment to the program. Any proposed~~	28706
~~amendment to a marketing program established before April 10,~~	28707
~~1985, is favored by the producers of the agricultural commodity~~	28708
~~which would be affected by the proposed amendment if either of the~~	28709
~~following occurs:~~	28710

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	28711
~~the producers who vote in the referendum, vote in favor of the~~	28712
~~amendment, and represent a majority of the volume of the affected~~	28713
~~commodity that was produced in the preceding marketing year by all~~	28714
~~producers who voted in the referendum;~~	28715

~~(2) A majority of the producers who vote in the referendum,~~	28716
~~vote in favor of the amendment and represent sixty-six and~~	28717
~~two-thirds per cent, or more, of the volume of the affected~~	28718
~~commodity that was produced in the preceding marketing year by all~~	28719
~~the producers who voted in the referendum.~~	28720

~~(B)~~ Within ninety days after ~~he has approved~~approving an	28721
agricultural commodity marketing program proposed on or after	28722
~~April 10, 1985~~the effective date of this amendment, or a proposed	28723
amendment to ~~such a~~an agricultural commodity marketing program,	28724
the director of agriculture shall determine by a referendum	28725
whether the eligible producers favor the proposed marketing	28726
program or amendment. Any such marketing program or amendment to	28727
~~such~~ a marketing program is favored by the producers of the	28728
agricultural commodity that would be affected by the proposed	28729
program or amendment if a majority of the producers who vote in	28730
the referendum vote in favor of the program or amendment.	28731

~~(C)~~(B) If the producers who vote in any referendum held	28732
pursuant to this section do not favor a proposed marketing	28733
program, or proposed amendment to a program, the director shall	28734
hold no additional referendum on that proposed program or proposed	28735
amendment during the ten months following the close of the	28736
referendum at which the producers did not favor that proposed	28737
program or amendment.	28738

~~(D)~~(C) In any referendum held pursuant to this section, each	28739
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	28740
would be affected by the proposed marketing program, or amendment	28741
to a program, is entitled to one vote.	28742

~~(E)~~(D) In any referendum held on an agricultural commodity	28743
marketing program, or a proposed amendment to such a program,	28744
votes may be cast in person or by mailing a ballot to a polling	28745
place designated by the director. The director shall establish a	28746
three-day period during which eligible producers may vote in	28747
person during normal business hours at polling places designated	28748
by the director. The director or other appropriate person shall	28749
send a mail-in ballot by ordinary first-class mail to any eligible	28750
producer who requests one by calling the toll-free telephone	28751
number or sending in the ballot request form provided for in	28752
division ~~(F)~~(E) of this section, by calling one of the polling	28753
places designated by the director, or by any additional method	28754
that the director or operating committee may provide. No ballot	28755
returned by mail shall be valid if it is postmarked later than the	28756
third day of the election period established by the director.	28757

~~(F)~~(E) For any referendum held on an agricultural commodity	28758
marketing program, or a proposed amendment to such a program, the	28759
director or operating committee shall cause a ballot request form	28760
to be published at least thirty days before the beginning of the	28761
election period established under division ~~(E)~~(D) of this section	28762
in at least two appropriate periodicals designated by the	28763
director, and shall make the form available for reproduction to	28764
any interested group or association. The director shall provide a	28765
toll-free telephone number that producers may call to request a	28766
ballot.	28767

(F) For the purposes of a referendum held on an egg marketing	28768
program or a proposed amendment to such a program under this	28769
section, an eligible producer is a person who is in the business	28770
of producing and marketing, or causing to be produced and	28771
marketed, eggs from a flock of more than seventy-five thousand	28772
domesticated chickens and, if the referendum is held on a proposed	28773
amendment to an egg marketing program, is subject to an assessment	28774
under the program.	28775

Sec. 927.54. The plant pest program fund is hereby created in	28776
the state treasury. The fund shall consist of money credited to it	28777
under section 909.15 of the Revised Code and under this chapter	28778
and any rules adopted under it. The director of agriculture shall	28779
use money in the fund to administer this chapter and Chapter 909.	28780
of the Revised Code.	28781

The director shall keep accurate records of all receipts into	28782
and disbursements from the fund and shall prepare, and provide	28783
upon request, an annual report classifying the receipts and	28784
disbursements that pertain to plant pests.	28785

Sec. 935.01. As used in this chapter:

28786

(A) "Board of health" means the board of health of a city or	28787
general health district or the authority having the duties of a	28788
board of health in any city authorized by section 3709.05 of the	28789
Revised Code.	28790

(B) "Circus" means a traveling show to which all of the	28791
following apply:	28792

(1) It is licensed by the United States department of	28793
agriculture under the federal animal welfare act.	28794

(2) It presents dangerous wild animals, restricted snakes, or	28795
both in a public performance as its own event or as part of a fair	28796
or carnival.	28797

(3) It does not allow physical contact between the public and	28798
the dangerous wild animals or restricted snakes possessed by it.	28799
Division (B)(3) of this section does not apply to rides or other	28800
interactions between the public and an elephant, provided that	28801
such a ride or other interaction is under the direct supervision	28802
of an experienced animal handler.	28803

(4) It is in the state for less than sixty-five days each	28804
year.	28805

(C) "Dangerous wild animal" means any of the following,	28806
including hybrids unless otherwise specified:	28807

(1) Hyenas;

28808

(2) Gray wolves, excluding hybrids;

28809

(3) Lions;

28810

(4) Tigers;

28811

(5) Jaguars;

28812

(6) Leopards, including clouded leopards, Sunda clouded	28813
leopards, and snow leopards;	28814

(7) All of the following, including hybrids with domestic	28815
cats unless otherwise specified:	28816

(a) Cheetahs;

28817

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	28818
Iberian lynxes;	28819

28820

(d) Caracals;

28821

(e) Servals, excluding hybrids with domestic cats commonly	28822
known as savannah cats.	28823

(8) Bears;

28824

(9) Elephants;

28825

(10) Rhinoceroses;

28826

(11) Hippopotamuses;

28827

(12) Cape buffaloes;

28828

(13) African wild dogs;

28829

(14) Komodo dragons;

28830

(15) Alligators;

28831

(16) Crocodiles;

28832

(17) Caimans, excluding dwarf caimans;

28833

(18) Gharials;

28834

(19) Nonhuman primates other than lemurs and the nonhuman	28835
primates specified in division (C)(20) of this section;	28836

(20) All of the following nonhuman primates:

28837

(a) Golden lion, black-faced lion, golden-rumped lion,	28838
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	28839
tamarins;	28840

(b) Southern and northern night monkeys;

28841

28842

(d) Muriquis;

28843

(e) Goeldi's monkeys;

28844

(f) White-faced, black-bearded, white-nose bearded, and monk	28845
sakis;	28846

(g) Bald and black uakaris;

28847

(h) ~~Black-handed, white-bellied, brown-headed, and black~~	28848
~~spider monkeys;~~	28849

~~(i)~~ Common woolly monkeys;

28850

~~(j)~~(i) Red, black, and mantled howler monkeys.

28851

"Dangerous wild animal" does not include a domesticated	28852
animal that is considered livestock as defined in section 901.70	28853
of the Revised Code.	28854

(D) "Federal animal welfare act" has the same meaning as in	28855
section 959.131 of the Revised Code.	28856

(E) "Felony drug abuse offense" has the same meaning as in	28857
section 2925.01 of the Revised Code.	28858

(F) "Health district" means a city or general health district	28859
created by or under the authority of Chapter 3709. of the Revised	28860
Code.	28861

(G) "Humane society" means an organization that is organized	28862
under section 1717.05 of the Revised Code.	28863

(H) "Law enforcement officer" means a sheriff, deputy	28864
sheriff, constable, police officer of a township or joint police	28865
district, marshal, deputy marshal, municipal police officer, or	28866
state highway patrol trooper.	28867

(I) "Natural resources law enforcement officers" means peace	28868
officers as specified in division (A)(6) of section 109.71 of the	28869
Revised Code and employees of the division of wildlife specified	28870
in sections 1531.13 and 1531.14 of the Revised Code.	28871

(J) "Offense of violence" has the same meaning as in section	28872
2901.01 of the Revised Code.	28873

(K) "Rescue facility" means a nonprofit organization as	28874
described in section 170 of the "Internal Revenue Code of 1986,"	28875
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	28876
of refuge where abused, neglected, unwanted, impounded, abandoned,	28877
orphaned, or displaced dangerous wild animals are provided care	28878
for their lifetime or released back to their natural habitat, and,	28879
with respect to an animal possessed by the organization, that does	28880
not do any of the following:	28881

(1) Sell, trade, or barter the animal or the animal's body	28882
parts;	28883

(2) Use the animal in any manner for profit;

28884

(3) Breed the animal;

28885

(4) Allow the public the opportunity to come into contact	28886
with the animal.	28887

(L) "Restricted snake" means any of the following:

28888

(1) All of the following constricting snakes that are twelve	28889
feet or longer:	28890

(a) Green anacondas;

28891

(b) Yellow anacondas;

28892

28893

(d) Indian pythons;

28894

(e) Burmese pythons;

28895

(f) North African rock pythons;

28896

(g) South African rock pythons;

28897

(h) Amethystine pythons.

28898

(2) Species of the following families:

28899

(a) Atractaspididae;

28900

(b) Elapidae;

28901

28902

(3) Boomslang snakes;

28903

(4) Twig snakes.

28904

(M) "Rule" means a rule adopted under section 935.17 of the	28905
Revised Code.	28906

(N) "Veterinarian" means a person who is licensed under	28907
Chapter 4741. of the Revised Code.	28908

(O) "Wildlife sanctuary" means a nonprofit organization as	28909
described in section 170 of the "Internal Revenue Code of 1986,"	28910
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	28911
verified by the global federation of animal sanctuaries, that	28912
operates a place of refuge where abused, neglected, unwanted,	28913
impounded, abandoned, orphaned, or displaced dangerous wild	28914
animals or restricted snakes are provided care for their lifetime	28915
or released back to their natural habitat, and, with respect to an	28916
animal or snake possessed by the organization, that does not do	28917
any of the following:	28918

(1) Use or allow the use of the animal or snake for any type	28919
of entertainment or in a traveling exhibit;	28920

(2) Sell, trade, lease, loan, or barter the animal or snake	28921
or the animal's or snake's body parts;	28922

(3) Use or allow the use of the animal or snake in any manner	28923
for profit;	28924

(4) Breed the animal or snake;

28925

(5) Allow the public the opportunity to come into physical	28926
contact with the animal or snake.	28927

Sec. 935.03. (A) Division (A) of section 935.02 of the	28928
Revised Code does not apply to any of the following:	28929

(1) A person to which all of the following apply:

28930

(a) The person possesses a dangerous wild animal.

28931

(b) The person has been issued a license by the United States	28932
department of agriculture under the federal animal welfare act.	28933

(c) The director of agriculture has determined that the	28934
person is in the process of becoming an accredited member of the	28935
association of zoos and aquariums or the zoological association of	28936
America.	28937

(d) The director has informed the person that the person is	28938
exempt from division (A) of section 935.02 of the Revised Code.	28939

(2) An organization to which all of the following apply:

28940

(a) The organization possesses a dangerous wild animal.

28941

(b) The director has determined that the organization is in	28942
the process of being accredited or verified by the global	28943
federation of animal sanctuaries as a wildlife sanctuary.	28944

(c) The director has informed the organization that it is	28945
exempt from division (A) of section 935.02 of the Revised Code.	28946

(3) A person whose possession of a dangerous wild animal is	28947
authorized by an unexpired permit issued under this chapter.	28948

(B) Except for the purposes of divisions (A) and (B) of	28949
section 935.04 of the Revised Code, this chapter does not apply to	28950
any of the following:	28951

(1) A facility that is an accredited member of the	28952
association of zoos and aquariums or the zoological association of	28953
America and that is licensed by the United States department of	28954
agriculture under the federal animal welfare act;	28955

(2) A research facility as defined in the federal animal	28956
welfare act;	28957

(3) A research facility that is accredited by the association	28958
for the assessment and accreditation of laboratory animal care	28959
international;	28960

(4) A circus;

28961

(5) A wildlife rehabilitation facility that is issued a	28962
permit by the chief of the division of wildlife in rules adopted	28963
under section 1531.08 of the Revised Code and that rehabilitates	28964
dangerous wild animals or restricted snakes that are native to the	28965
state for the purpose of reintroduction into the wild;	28966

(6) A veterinarian that is providing temporary veterinary	28967
care to a dangerous wild animal or restricted snake;	28968

(7) A wildlife sanctuary;

28969

(8) An individual who does not reside in this state, is	28970
traveling through this state with a dangerous wild animal or	28971
restricted snake, and does all of the following:	28972

(a) Confines the animal or snake in a cage at all times;

28973

(b) Confines the animal or snake in a cage that is not	28974
accessible to the public;	28975

28976

(d) Is in the state not more than forty-eight hours unless	28977
the animal or snake is receiving veterinary care.	28978

(9) An educational institution that displays a single	28979
dangerous wild animal as a sports mascot and that meets all of the	28980
following criteria:	28981

(a) An official of the educational institution has submitted	28982
an affidavit attesting that the institution will care for the	28983
animal as long as the animal lives and in a facility that is an	28984
accredited member of the association of zoos and aquariums or the	28985
zoological association of America.	28986

(b) The educational institution maintains a liability	28987
insurance policy with an insurer authorized or approved to write	28988
such insurance in this state that covers claims for injury or	28989
damage to persons or property caused by a dangerous wild animal.	28990
The amount of the insurance coverage shall be not less than one	28991
million dollars.	28992

(c) During display and transport, the educational institution	28993
confines the dangerous wild animal in a cage that does not permit	28994
physical contact between the animal and the public.	28995

(d) The educational institution began displaying a dangerous	28996
wild animal as a mascot prior to ~~the effective date of this~~	28997
~~section~~September 5, 2012.	28998

(10) Any person who has been issued a permit under section	28999
1533.08 of the Revised Code;	29000

(11) Any person authorized to possess a dangerous wild animal	29001
or restricted snake under section 1531.25 of the Revised Code or	29002
rules adopted under it;	29003

~~(12) A mobility impaired person as defined in section 955.011~~	29004
~~of the Revised Code who possesses a dangerous wild animal~~	29005
~~specified in division (C)(20)(h) of section 935.01 of the Revised~~	29006
~~Code that has been trained by a nonprofit agency or is in such~~	29007
~~training to assist the mobility impaired person;~~	29008

~~(13) A deaf or hearing-impaired person who possesses a~~	29009
~~dangerous wild animal specified in division (C)(20)(h) of section~~	29010
~~935.01 of the Revised Code that has been trained by a nonprofit~~	29011
~~agency or is in such training to assist the deaf or~~	29012
~~hearing-impaired person;~~	29013

~~(14) A person who is blind as defined in section 955.011 of~~	29014
~~the Revised Code and possesses a dangerous wild animal specified~~	29015
~~in division (C)(20)(h) of section 935.01 of the Revised Code that~~	29016
~~has been trained by a nonprofit agency or is in such training to~~	29017
~~assist the blind person~~.	29018

Sec. 935.041. A person that possesses any of the following	29019
animals shall register the animal in the same manner as provided	29020
in section 935.04 of the Revised Code:	29021

(A) Pygmy, white-tufted-ear, silvery, and black-pencilled	29022
marmosets;	29023

(B) Squirrel monkeys;

29024

29025

(D) Lemurs;

29026

(E) Black-handed, white-bellied, brown-headed, and black	29027
spider monkeys.	29028

Sec. 935.12. (A) Except as provided in division (B) of this	29029
section, a person that has been issued a permit under this chapter	29030
for a dangerous wild animal or animals shall comply with the	29031
requirements regarding the care and housing of dangerous wild	29032
animals established in rules.	29033

(B) A person that has been issued a wildlife shelter,	29034
wildlife propagation permit, or rescue facility permit under this	29035
chapter for a dangerous wild animal or animals specified in	29036
division (C)(20) of section 935.01 of the Revised Code shall	29037
comply with both of the following:	29038

(1) The requirements regarding the care of those animals	29039
established in regulations adopted under the federal animal	29040
welfare act;	29041

(2) The requirements regarding the housing of those animals	29042
established in rules.	29043

(C) A person that has been issued a restricted snake	29044
possession or restricted snake propagation permit under this	29045
chapter shall comply with the requirements regarding the care and	29046
housing of those snakes established in standards adopted by the	29047
zoological association of America and in effect on September 5,	29048
2012.	29049

Sec. 955.01. (A)(1) Except as otherwise provided in this	29050
section or in sections 955.011, 955.012, and 955.16 of the Revised	29051
Code, every person who owns, keeps, or harbors a dog more than	29052
three months of age, shall file, on or after the first day of the	29053
~~preceding~~applicable December, but before the thirty-first day of	29054
the applicable January ~~of each year~~, in the office of the county	29055
auditor of the county in which the dog is kept or harbored, an	29056
application for registration for ~~the following~~a period of one	29057
year~~, beginning the thirty-first day of January of that year~~or	29058
three years or an application for a permanent registration. The	29059
board of county commissioners, by resolution, may extend the	29060
period for filing the application. The application shall state the	29061
age, sex, color, character of hair, whether short or long, and	29062
breed, if known, of the dog and the name and address of the owner	29063
of the dog. A registration fee of two dollars for each year of	29064
registration for a one-year or three-year registration or twenty	29065
dollars for a permanent registration for each dog shall accompany	29066
the application~~, unless~~. However, the fee may exceed that amount	29067
if a greater fee has been established under division (A)(2) of	29068
this section or under section 955.14 of the Revised Code.	29069

(2) A board of county commissioners may establish a	29070
registration fee higher than the one provided for in division	29071
(A)(1) of this section for dogs more than nine months of age that	29072
have not been spayed or neutered, except that the higher	29073
registration fee permitted by this division shall not apply if a	29074
person registering a dog furnishes with the application either a	29075
certificate from a licensed veterinarian verifying that the dog	29076
should not be spayed or neutered because of its age or medical	29077
condition or because the dog is used or intended for use for show	29078
or breeding purposes or a certificate from the owner of the dog	29079
declaring that the owner holds a valid hunting license issued by	29080
the division of wildlife of the department of natural resources	29081
and that the dog is used or intended for use for hunting purposes.	29082
If the board establishes such a fee, the application for	29083
registration shall state whether the dog is spayed or neutered,	29084
and whether a licensed veterinarian has certified that the dog	29085
should not be spayed or neutered or the owner has stated that the	29086
dog is used or intended to be used for hunting purposes. The board	29087
may require a person who is registering a spayed or neutered dog	29088
to furnish with the application a certificate from a licensed	29089
veterinarian verifying that the dog is spayed or neutered. No	29090
person shall furnish a certificate under this division ~~which~~that	29091
the person knows to be false.	29092

(B) If the application for registration is not filed and the	29093
registration fee paid, on or before the thirty-first day of the	29094
applicable January of each year or, if the board of county	29095
commissioners by resolution has extended the date to a date later	29096
than the thirty-first day of January, the date established by the	29097
board, the auditor shall assess a penalty in an amount equal to	29098
the registration fee upon the owner, keeper, or harborer, which	29099
~~must~~shall be paid with the registration fee.	29100

(C) An animal shelter that keeps or harbors a dog more than	29101
three months of age is exempt from paying any fees imposed under	29102
division (A) or (B) of this section if it is a nonprofit	29103
organization that is exempt from federal income taxation under	29104
subsection 501(a) and described in subsection 501(c)(3) of the	29105
"Internal Revenue Code of 1986," 100 Stat. ~~285~~2085, 26 U.S.C. 1.	29106

Sec. 955.05. After the thirty-first day of January of any	29107
year, except as otherwise provided in section 955.012 or 955.16 of	29108
the Revised Code, every person, immediately upon becoming the	29109
owner, keeper, or harborer of any dog more than three months of	29110
age or brought from outside the state during any year, shall file	29111
like applications, with fees, as required by section 955.01 of the	29112
Revised Code, for registration for the current year. If ~~such~~the	29113
application is not filed and the fee paid, within thirty days	29114
after ~~such~~the dog is acquired, becomes three months of age, or is	29115
brought from outside the state, the auditor shall assess a penalty	29116
in an amount equal to the registration fee upon ~~such~~the owner,	29117
keeper, or harborer, which ~~must~~shall be paid with the	29118
registration fee. Thereafter, the owner, keeper, or harborer shall	29119
register the dog for a period of one year or three years or	29120
register the dog permanently as provided in section 955.01 of the	29121
Revised Code.	29122

Every person becoming the owner of a kennel of dogs after the	29123
thirty-first day of January of any year shall file like	29124
applications, with fees, as required by section 955.04 of the	29125
Revised Code, for the registration of such kennel for the current	29126
calendar year. If such application is not filed and the fee paid	29127
within thirty days after the person becomes the owner of such	29128
kennel, the auditor shall assess a penalty in an amount equal to	29129
the registration fee upon the owner of such kennel.	29130

Sec. 955.06. The owner, keeper, or harborer of a dog	29131
becoming three months of age after the first day of July in a	29132
calendar year and the owner, keeper, or harborer of a dog	29133
purchased outside the state after the first day of July in a	29134
calendar year shall register the dog for one year. The	29135
registration fee for any such dog ~~becoming three months of age~~	29136
~~after the first day of July of any year and the registration fee~~	29137
~~of any dog purchased from outside the state after the first day of~~	29138
~~July of any year~~ shall be one-half of the original fee.	29139
Thereafter, the owner, keeper, or harborer shall register the dog	29140
for a period of one year or three years or register the dog	29141
permanently as provided in section 955.01 of the Revised Code.	29142

Sec. 955.07. Upon the filing of the application for	29143
registration required by sections 955.01 and 955.04 of the Revised	29144
Code and upon the payment of the registration fee and the	29145
administrative fee, if applicable, the county auditor shall assign	29146
a distinctive number to every dog or dog kennel described in the	29147
application and shall deliver a certificate of registration	29148
bearing the number to the owner of the dog or dog kennel. A record	29149
of all certificates of registration issued, together with the	29150
applications for registration, shall be kept by the auditor in a	29151
dog and kennel register ~~for two years or~~ until after an audit	29152
performed by the auditor of state~~, whichever is later~~. This record	29153
shall be open to the inspection of any person during reasonable	29154
business hours.	29155

Sec. 955.08. In addition to the certificate of registration	29156
provided for by section 955.07 of the Revised Code, the county	29157
auditor shall issue to every person making application for the	29158
registration of a dog and paying the required fee therefor a metal	29159
tag for each dog so registered. The form, color, character, and	29160
lettering of the tag shall be prescribed by the county auditor.	29161
~~Each year the tag shall be a color distinctive from that of the~~	29162
~~previous year.~~ If a tag is lost, a duplicate shall be furnished by	29163
the auditor upon proper proof of loss and the payment of five	29164
dollars for each duplicate tag issued.	29165

Sec. 955.09. Certificates of registration and registration	29166
tags shall be valid only during the calendar year inor years for	29167
which they are issued~~, and during the first thirty-one days of the~~	29168
~~following calendar year~~.	29169

Sec. 955.12. ~~The~~Except as provided in section 955.121 of	29170
Revised Code, a board of county commissioners shall appoint or	29171
employ a county dog warden and deputies in such number, for such	29172
periods of time, and at such compensation as the board considers	29173
necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38,	29174
and 955.50 to 955.53 of the Revised Code.	29175

The warden and deputies shall give bond in a sum not less	29176
than five hundred dollars and not more than two thousand dollars,	29177
as set by the board, conditioned for the faithful performance of	29178
their duties. The bond or bonds may, in the discretion of the	29179
board, be individual or blanket bonds. The bonds shall be filed	29180
with the county auditor of their respective counties.	29181

The warden and deputies shall make a record of all dogs	29182
owned, kept, and harbored in their respective counties. They shall	29183
patrol their respective counties and seize and impound on sight	29184
all dogs found running at large and all dogs more than three	29185
months of age found not wearing a valid registration tag, except	29186
any dog that wears a valid registration tag and is: on the	29187
premises of its owner, keeper, or harborer, under the reasonable	29188
control of its owner or some other person, hunting with its owner	29189
or its handler at a field trial, kept constantly confined in a dog	29190
kennel registered under this chapter or one licensed under Chapter	29191
956. of the Revised Code, or acquired by, and confined on the	29192
premises of, an institution or organization of the type described	29193
in section 955.16 of the Revised Code. A dog that wears a valid	29194
registration tag may be seized on the premises of its owner,	29195
keeper, or harborer and impounded only in the event of a natural	29196
disaster.	29197

If a dog warden has reason to believe that a dog is being	29198
treated inhumanely on the premises of its owner, keeper, or	29199
harborer, the warden shall apply to the court of common pleas for	29200
the county in which the premises are located for an order to enter	29201
the premises, and if necessary, seize the dog. If the court finds	29202
probable cause to believe that the dog is being treated	29203
inhumanely, it shall issue such an order.	29204

The warden and deputies shall also investigate all claims for	29205
damages to animals reported to them under section 955.29 of the	29206
Revised Code and assist claimants to fill out the claim form	29207
therefor. They shall make weekly reports, in writing, to the board	29208
in their respective counties of all dogs seized, impounded,	29209
redeemed, and destroyed and of all claims for damage to animals	29210
inflicted by dogs.	29211

The wardens and deputies shall have the same police powers as	29212
are conferred upon sheriffs and police officers in the performance	29213
of their duties as prescribed by sections 955.01 to 955.27, 955.29	29214
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	29215
also have power to summon the assistance of bystanders in	29216
performing their duties and may serve writs and other legal	29217
processes issued by any court in their respective counties with	29218
reference to enforcing those sections. County auditors may	29219
deputize the wardens or deputies to issue dog licenses as provided	29220
in sections 955.01 and 955.14 of the Revised Code.	29221

Whenever any person files an affidavit in a court of	29222
competent jurisdiction that there is a dog running at large that	29223
is not kept constantly confined either in a dog kennel registered	29224
under this chapter or one licensed under Chapter 956. of the	29225
Revised Code or on the premises of an institution or organization	29226
of the type described in section 955.16 of the Revised Code or	29227
that a dog is kept or harbored in the warden's jurisdiction	29228
without being registered as required by law, the court shall	29229
immediately order the warden to seize and impound the dog.	29230
Thereupon the warden shall immediately seize and impound the dog	29231
complained of. The warden shall give immediate notice by certified	29232
mail to the owner, keeper, or harborer of the dog seized and	29233
impounded by the warden, if the owner, keeper, or harborer can be	29234
determined from the current year's registration list maintained by	29235
the warden and the county auditor of the county where the dog is	29236
registered, that the dog has been impounded and that, unless the	29237
dog is redeemed within fourteen days of the date of the notice, it	29238
may thereafter be sold or destroyed according to law. If the	29239
owner, keeper, or harborer cannot be determined from the current	29240
year's registration list maintained by the warden and the county	29241
auditor of the county where the dog is registered, the officer	29242
shall post a notice in the pound or animal shelter both describing	29243
the dog and place where seized and advising the unknown owner	29244
that, unless the dog is redeemed within three days, it may	29245
thereafter be sold or destroyed according to law.	29246

As used in this section, "animal" has the same meaning as in	29247
section 955.51 of the Revised Code.	29248

Sec. 955.121. (A)(1) In lieu of appointing a county dog	29249
warden and deputies under section 955.12 of the Revised Code, a	29250
board of county commissioners may appoint the county sheriff to	29251
enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to	29252
955.53 of the Revised Code. If a board chooses to appoint the	29253
county sheriff as the county dog warden, the board shall enter	29254
into a two-year written agreement with the sheriff for that	29255
purpose at the first meeting in a calendar year following a	29256
general election in which at least one of the members of the board	29257
was elected.	29258

(2) The agreement may authorize both of the following:

29259

(a) The sheriff to appoint sheriff's deputies or persons	29260
other than peace officers as deputy dog wardens;	29261

(b) The transfer of any benefits accrued by employees who are	29262
transferred as a result of the county sheriff's being appointed as	29263
the county dog warden.	29264

(B) Any dog warden and deputy dog wardens appointed under	29265
this section shall comply with both of the following:	29266

(1) Any training requirements applicable to county dog	29267
wardens and deputy dog wardens appointed or employed under section	29268
955.12 of the Revised Code;	29269

(2) The requirements established in that section.

29270

(C) If a county sheriff or a sheriff's deputies are appointed	29271
as a dog warden or deputy dog wardens under this section,	29272
references in this chapter and in Chapters 953., 956., and 959. of	29273
the Revised Code to "dog warden" and "deputy dog warden" shall be	29274
deemed to be replaced, respectively, with references to "sheriff"	29275
and "deputy sheriff."	29276

Sec. 955.14. (A) Notwithstanding section 955.01 of the	29277
Revised Code, a board of county commissioners by resolution may	29278
increase dog and kennel registration fees in the county. The	29279
amount of the fees shall not exceed an amount that the board, in	29280
its discretion, estimates is needed to pay all expenses for the	29281
administration of this chapter and to pay claims allowed for	29282
animals injured or destroyed by dogs. Such a resolution shall be	29283
adopted not earlier than the first day of February and not later	29284
than the thirty-first day of August of any year and shall ~~apply to~~	29285
specify the registration period ~~commencing on the first day of~~	29286
~~December of the current year and ending on the thirty-first day of~~	29287
~~January of the following year, unless the period is extended under~~	29288
~~section 955.01 of the Revised Code~~or periods to which the	29289
increased fees apply. ~~Any~~An increase in fees adopted under this	29290
division shall be in the ratio of two dollars for each year of	29291
registration, and twenty dollars for a permanent registration, for	29292
a dog registration fee and ten dollars for a kennel registration	29293
fee.	29294

(B) Not later than the fifteenth day of October of each year,	29295
the board of county commissioners shall determine if there is	29296
sufficient money in the dog and kennel fund, after paying the	29297
expenses of administration incurred or estimated to be incurred	29298
for the remainder of the year, to pay the claims allowed for	29299
animals injured or destroyed by dogs. If the board determines	29300
there is not sufficient money in the dog and kennel fund to pay	29301
the claims allowed, the board shall provide by resolution that all	29302
claims remaining unpaid shall be paid from the general fund of the	29303
county. All money paid out of the general fund for those purposes	29304
may be replaced by the board from the dog and kennel fund at any	29305
time during the following year notwithstanding section 5705.14 of	29306
the Revised Code.	29307

(C) Notwithstanding section 955.20 of the Revised Code, if	29308
dog and kennel registration fees in any county are increased above	29309
two dollars for each year of registration and twenty dollars for a	29310
permanent registration for a dog registration fee and ten dollars,	29311
~~respectively,~~for a kennel registration fee under authority of	29312
division (A) of this section, then on or before the first day of	29313
March following each year in which the increased fees are in	29314
effect, the county auditor shall draw on the dog and kennel fund a	29315
warrant payable to the college of veterinary medicine of the Ohio	29316
state university in an amount equal to ten cents for each one-year	29317
dog ~~and~~registration, thirty cents for each three-year dog	29318
registration, one dollar for each permanent dog registration, and	29319
ten cents for each kennel registration fee received during the	29320
preceding year. The money received by the college of veterinary	29321
medicine of the Ohio state university under this division shall be	29322
applied for research and study of the diseases of dogs,	29323
particularly those transmittable to humans, and for research of	29324
other diseases of dogs that by their nature will provide results	29325
applicable to the prevention and treatment of both human and	29326
canine illness.	29327

(D) The Ohio state university college of veterinary medicine	29328
shall be responsible to report annually to the general assembly	29329
the progress of the research and study authorized and funded by	29330
division (C) of this section. The report shall briefly describe	29331
the research projects undertaken and assess the value of each. The	29332
report shall account for funds received pursuant to division (C)	29333
of this section and for the funds expended attributable to each	29334
research project and for other necessary expenses in conjunction	29335
with the research authorized by division (C) of this section. The	29336
report shall be filed with the general assembly by the first day	29337
of May of each year.	29338

(E) The county auditor may authorize agents to receive	29339
applications for registration of dogs and kennels and to issue	29340
certificates of registration and tags. If authorized agents are	29341
employed in a county, each applicant for a dog or kennel	29342
registration shall pay to the agent an administrative fee of	29343
seventy-five cents in addition to the registration fee. The	29344
administrative fee shall be the compensation of the agent. The	29345
county auditor shall establish rules for reporting and accounting	29346
by the agents. No administrative or similar fee shall be charged	29347
in any county except as authorized by this division or division	29348
(F) of this section.	29349

(F) For any county that accepts the payment of dog and kennel	29350
registration fees by financial transaction devices in accordance	29351
with section 955.013 of the Revised Code, in addition to those	29352
registration fees, the county auditor shall collect for each	29353
registration paid by a financial transaction device one of the	29354
following:	29355

(1) An administrative fee of seventy-five cents or another	29356
amount necessary to cover actual costs designated by the county	29357
auditor;	29358

(2) If the board of county commissioners adopts a surcharge	29359
or convenience fee for making payments by a financial transaction	29360
device under division (E) of section 301.28 of the Revised Code,	29361
that surcharge or convenience fee;	29362

(3) If the county auditor contracts with a third party to	29363
provide services to enable registration via the internet as	29364
provided in section 955.013 of the Revised Code, a surcharge or	29365
convenience fee as agreed to between that third party and the	29366
county for those internet registration services. Any additional	29367
expenses incurred by the county auditor that result from a	29368
contract with a third party as provided in this section and	29369
section 955.013 of the Revised Code and that are not covered by a	29370
surcharge or convenience fee shall be paid out of the allowance	29371
provided to the county auditor under section 955.20 of the Revised	29372
Code.	29373

(G) The county auditor shall post conspicuously the amount of	29374
the administrative fee, surcharge, or convenience fee that is	29375
permissible under this section on the web page where the auditor	29376
accepts payments for registrations made under division (B)(1) of	29377
section 955.013 of the Revised Code. If any person chooses to pay	29378
by financial transaction device, the administrative fee,	29379
surcharge, or convenience fee shall be considered voluntary and is	29380
not refundable.	29381

(H) As used in this section, "animal" has the same meaning as	29382
in section 955.51 of the Revised Code.	29383

Sec. 955.201. (A) As used in this section and in section	29384
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	29385
corporation organized by that name under Chapter 1702. of the	29386
Revised Code that consists of humane societies, veterinarians,	29387
animal shelters, companion animal breeders, dog wardens, or	29388
similar individuals and entities.	29389

(B) The Ohio pet fund shall do all of the following:

29390

(1) Establish eligibility criteria for organizations that may	29391
receive financial assistance from the Ohio pet fund. Those	29392
organizations may include any of the following:	29393

(a) An animal shelter as defined in section 4729.01 of the	29394
Revised Code;	29395

(b) A local nonprofit veterinary association that operates a	29396
program for the sterilization of dogs and cats;	29397

(c) A charitable organization that is exempt from federal	29398
income taxation under subsection 501(c)(3) of the Internal Revenue	29399
Code and a purpose of which is to support programs for the	29400
sterilization of dogs and cats and educational programs concerning	29401
the proper veterinary care of those animals.	29402

(2) Establish procedures for applying for financial	29403
assistance from the Ohio pet fund. Application procedures shall	29404
require eligible organizations to submit detailed proposals that	29405
outline the intended uses of the moneys sought.	29406

(3) Establish eligibility criteria for sterilization and	29407
educational programs for which moneys from the Ohio pet fund may	29408
be used and, consistent with division (C) of this section,	29409
establish eligibility criteria for individuals who seek	29410
sterilization for their dogs and cats from eligible organizations;	29411

(4) Establish procedures for the disbursement of moneys the	29412
Ohio pet fund receives from license plate contributions pursuant	29413
to division (C) of section 4503.551 of the Revised Code;	29414

(5) Advertise or otherwise provide notification of the	29415
availability of financial assistance from the Ohio pet fund for	29416
eligible organizations;	29417

(6) Design markings to be inscribed on "pets" license plates	29418
under section 4503.551 of the Revised Code.	29419

(C)(1) The owner of a dog or cat is eligible for dog or cat	29420
sterilization services from an eligible organization when those	29421
services are subsidized in whole or in part by money from the Ohio	29422
pet fund if any of the following applies:	29423

(a) The income of the owner's family does not exceed one	29424
hundred fifty per cent of the federal poverty guideline.	29425

(b) The owner, or any member of the owner's family who	29426
resides with the owner, is a recipient or beneficiary of one of	29427
the following government assistance programs:	29428

(i) Low-income housing assistance under the "United States	29429
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	29430
federal section 8 housing program;	29431

(ii) The Ohio works first program established by Chapter	29432
5107. of the Revised Code;	29433

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	29434
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	29435
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	29436
~~department of job and family services under Chapter 5111. of the~~	29437
~~Revised Code~~;	29438

(iv) A program or law administered by the United States	29439
department of veterans' affairs or veterans' administration for	29440
any service-connected disability;	29441

(v) The supplemental nutrition assistance program established	29442
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	29443
administered by the department of job and family services under	29444
section 5101.54 of the Revised Code;	29445

(vi) The "special supplemental nutrition program for women,	29446
infants, and children" established under the "Child Nutrition Act	29447
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	29448
by the department of health under section 3701.132 of the Revised	29449
Code;	29450

(vii) Supplemental security income under Title XVI of the	29451
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	29452
amended;	29453

(viii) Social security disability insurance benefits provided	29454
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	29455
42 U.S.C.A. 401, as amended.	29456

(c) The owner of the dog or cat submits to the eligible	29457
organization operating the sterilization program either of the	29458
following:	29459

(i) A certificate of adoption showing that the dog or cat was	29460
adopted from a licensed animal shelter, a municipal, county, or	29461
regional pound, or a holding and impoundment facility that	29462
contracts with a municipal corporation;	29463

(ii) A certificate of adoption showing that the dog or cat	29464
was adopted through a nonprofit corporation operating an animal	29465
adoption referral service whose holding facility, if any, is	29466
licensed in accordance with state law or a municipal ordinance.	29467

(2) The Ohio pet fund shall determine the type of documentary	29468
evidence that must be presented by the owner of a dog or cat to	29469
show that the income of the owner's family does not exceed one	29470
hundred fifty per cent of the federal poverty guideline or that	29471
the owner is eligible under division (C)(1)(b) of this section.	29472

(D) As used in division (C) of this section, "federal poverty	29473
guideline" means the official poverty guideline as revised	29474
annually by the United States department of health and human	29475
services in accordance with section 673(2) of the "Omnibus Budget	29476
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	29477
amended, for a family size equal to the size of the family of the	29478
person whose income is being determined.	29479

Sec. 956.07. (A) A person who is applying for a license to	29480
operate a high volume breeder or to act as or perform the	29481
functions of a dog retailer under section 956.04 or 956.05 of the	29482
Revised Code, as applicable, shall include with the application	29483
for a license a nonrefundable license application fee. For the	29484
purpose of calculating the application fee for a high volume	29485
breeder, the sale of one dog from a litter constitutes the sale of	29486
a litter. The application fees are as follows:	29487

(1) For a high volume breeder:

29488

(a) One hundred fifty dollars if the high volume breeder	29489
annually sells at least nine, but not more than fifteen litters;	29490

(b) Two hundred fifty dollars if the high volume breeder	29491
annually sells at least sixteen, but not more than twenty-five	29492
litters;	29493

(c) Three hundred fifty dollars if the high volume breeder	29494
annually sells at least twenty-six, but not more than thirty-five	29495
litters;	29496

(d) Five hundred dollars if the high volume breeder annually	29497
sells at least thirty-six, but not more than forty-five litters;	29498

(e) Seven hundred fifty dollars if the high volume breeder	29499
annually sells forty-six or more litters.	29500

(2) For a dog retailer, five hundred dollars.

29501

(B) Money collected by the director of agriculture from each	29502
application fee submitted under this section shall be ~~transmitted~~	29503
~~by the director to the treasurer of~~deposited in the state	29504
treasury to ~~be credited to~~the credit of the high volume breeder	29505
kennel control license fund created in section 956.18 of the	29506
Revised Code. The ~~treasurer of state shall transfer to the county~~	29507
~~auditor of the county in which a high volume breeder is located or~~	29508
~~will be located~~director shall use fifty dollars of the	29509
application fee submitted by ~~the~~a high volume breeder under this	29510
section or an amount equal to the fee charged ~~in that county~~ for	29511
the registration of a kennel under section 955.14 of the Revised	29512
Code in the county in which the high volume breeder is located or	29513
will be located, whichever is greater, to reimburse that county.	29514
The county auditor shall deposit the transferred money into that	29515
county's dog and kennel fund created under section 955.20 of the	29516
Revised Code.	29517

Sec. 956.18. (A) All money collected by the director of	29518
agriculture from license fees under section ~~956.08~~956.07 and	29519
civil penalties assessed under section 956.13 of the Revised Code	29520
shall be deposited in the state treasury to the credit of the high	29521
volume breeder kennel control license fund, which is hereby	29522
created. The fund shall also consist of money appropriated to it.	29523

(B) No money may be released from the fund without	29524
controlling board approval. The director shall request the	29525
controlling board to release money in an amount not to exceed two	29526
million five hundred thousand dollars per biennium.	29527

(C) The director shall use the money in the fund for the	29528
purpose of administering this chapter and rules adopted under it.	29529

Sec. 959.131. (A) As used in this section:

29530

(1) "Companion animal" means any animal that is kept inside a	29531
residential dwelling and any dog or cat regardless of where it is	29532
kept. "Companion animal" does not include livestock or any wild	29533
animal.	29534

(2) "Cruelty," "torment," and "torture" have the same	29535
meanings as in section 1717.01 of the Revised Code.	29536

(3) "Residential dwelling" means a structure or shelter or	29537
the portion of a structure or shelter that is used by one or more	29538
humans for the purpose of a habitation.	29539

(4) "Practice of veterinary medicine" has the same meaning as	29540
in section 4741.01 of the Revised Code.	29541

(5) "Wild animal" has the same meaning as in section 1531.01	29542
of the Revised Code.	29543

(6) "Federal animal welfare act" means the "Laboratory Animal	29544
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	29545
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	29546
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	29547
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	29548
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	29549
(1985), and as it may be subsequently amended.	29550

(7) "Dog kennel" means an animal rescue for dogs that is	29551
registered under section 956.06 of the Revised Code, a boarding	29552
kennel, or a training kennel.	29553

(8) "Boarding kennel" has the same meaning as in section	29554
956.01 of the Revised Code.	29555

(9) "Training kennel" means an establishment operating for	29556
profit that keeps, houses, and maintains dogs for the purpose of	29557
training the dogs in return for a fee or other consideration.	29558

(B) No person shall knowingly torture, torment, needlessly	29559
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	29560
an act of cruelty against a companion animal.	29561

(C) No person who confines or who is the custodian or	29562
caretaker of a companion animal shall negligently do any of the	29563
following:	29564

(1) Torture, torment, needlessly mutilate or maim, cruelly	29565
beat, poison, needlessly kill, or commit an act of cruelty against	29566
the companion animal;	29567

(2) Deprive the companion animal of necessary sustenance,	29568
confine the companion animal without supplying it during the	29569
confinement with sufficient quantities of good, wholesome food and	29570
water, or impound or confine the companion animal without	29571
affording it, during the impoundment or confinement, with access	29572
to shelter from heat, cold, wind, rain, snow, or excessive direct	29573
sunlight, if it can reasonably be expected that the companion	29574
animal would become sick or suffer in any other way as a result of	29575
or due to the deprivation, confinement, or impoundment or	29576
confinement in any of those specified manners.	29577

(D) No owner, manager, or employee of a dog kennel who	29578
confines or is the custodian or caretaker of a companion animal	29579
shall knowingly torture, torment, needlessly mutilate or maim,	29580
cruelly beat, poison, needlessly kill, or commit an act of cruelty	29581
against the companion animal.	29582

(E) No owner, manager, or employee of a dog kennel who	29583
confines or is the custodian or caretaker of a companion animal	29584
shall negligently do any of the following:	29585

(1) Torture, torment, needlessly mutilate or maim, cruelly	29586
beat, poison, needlessly kill, or commit an act of cruelty against	29587
the companion animal;	29588

(2) Deprive the companion animal of necessary sustenance,	29589
confine the companion animal without supplying it during the	29590
confinement with sufficient quantities of good, wholesome food and	29591
water, or impound or confine the companion animal without	29592
affording it, during the impoundment or confinement, with access	29593
to shelter from heat, cold, wind, rain, snow, or excessive direct	29594
sunlight if it can reasonably be expected that the companion	29595
animal would become sick or suffer in any other way as a result of	29596
or due to the deprivation, confinement, or impoundment or	29597
confinement in any of those specified manners.	29598

(F) Divisions (B) ~~and~~, (C), (D), and (E) of this section do	29599
not apply to any of the following:	29600

(1) A companion animal used in scientific research conducted	29601
by an institution in accordance with the federal animal welfare	29602
act and related regulations;	29603

(2) The lawful practice of veterinary medicine by a person	29604
who has been issued a license, temporary permit, or registration	29605
certificate to do so under Chapter 4741. of the Revised Code;	29606

(3) Dogs being used or intended for use for hunting or field	29607
trial purposes, provided that the dogs are being treated in	29608
accordance with usual and commonly accepted practices for the care	29609
of hunting dogs;	29610

(4) The use of common training devices, if the companion	29611
animal is being treated in accordance with usual and commonly	29612
accepted practices for the training of animals;	29613

(5) The administering of medicine to a companion animal that	29614
was properly prescribed by a person who has been issued a license,	29615
temporary permit, or registration certificate under Chapter 4741.	29616
of the Revised Code.	29617

~~(E)~~(G) Notwithstanding any section of the Revised Code that	29618
otherwise provides for the distribution of fine moneys, the clerk	29619
of court shall forward all fines the clerk collects that are so	29620
imposed for any violation of this section to the treasurer of the	29621
political subdivision or the state, whose county humane society or	29622
law enforcement agency is to be paid the fine money as determined	29623
under this division. The treasurer to whom the fines are forwarded	29624
shall pay the fine moneys to the county humane society or the	29625
county, township, municipal corporation, or state law enforcement	29626
agency in this state that primarily was responsible for or	29627
involved in the investigation and prosecution of the violation. If	29628
a county humane society receives any fine moneys under this	29629
division, the county humane society shall use the fine moneys to	29630
provide the training that is required for humane agents under	29631
section 1717.06 of the Revised Code.	29632

Sec. 959.132. (A) As used in this section:

29633

(1) "Companion animal" has the same meaning as in section	29634
959.131 of the Revised Code.	29635

(2) "Impounding agency" means a county humane society	29636
organized under section 1717.05 of the Revised Code, an animal	29637
shelter, or a law enforcement agency that has impounded a	29638
companion animal in accordance with this section.	29639

(3) "Offense" means a violation of section 959.131 of the	29640
Revised Code or an attempt, in violation of section 2923.02 of the	29641
Revised Code, to violate section 959.131 of the Revised Code.	29642

(4) "Officer" means any law enforcement officer, agent of a	29643
county humane society, or other person appointed to act as an	29644
animal control officer for a municipal corporation or township in	29645
accordance with state law, an ordinance, or a resolution.	29646

(B) An officer may seize and cause to be impounded at an	29647
impounding agency a companion animal that the officer has probable	29648
cause to believe is the subject of an offense. No officer or	29649
impounding agency shall impound a companion animal that is the	29650
subject of an offense in a shelter owned, operated, or controlled	29651
by a board of county commissioners pursuant to Chapter 955. of the	29652
Revised Code unless the board, by resolution, authorizes the	29653
impoundment of such a companion animal in a shelter owned,	29654
operated, or controlled by that board and has executed, in the	29655
case when the officer is other than a dog warden or assistant dog	29656
warden, a contract specifying the terms and conditions of the	29657
impoundment.	29658

(C) The officer shall give written notice of the seizure and	29659
impoundment to the owner, keeper, or harborer of the companion	29660
animal that was seized and impounded. If the officer is unable to	29661
give the notice to the owner, keeper, or harborer of the companion	29662
animal, the officer shall post the notice on the door of the	29663
residence or in another conspicuous place on the premises at which	29664
the companion animal was seized. The notice shall include a	29665
statement that a hearing will be held not later than ten days	29666
after the notice is provided or at the next available court date	29667
to determine whether the officer had probable cause to seize the	29668
companion animal and, if applicable, to determine the amount of a	29669
bond or cash deposit that is needed to provide for the companion	29670
animal's care and keeping for not less than thirty days beginning	29671
on the date on which the companion animal was impounded.	29672

(D) A companion animal that is seized under this section may	29673
be humanely destroyed immediately or at any time during	29674
impoundment if a licensed veterinarian determines it to be	29675
necessary because the companion animal is suffering.	29676

(E)(1) Not later than ten days after notice is provided or at	29677
the next available court date, the court shall hold a hearing to	29678
determine whether the officer impounding a companion animal had	29679
probable cause to seize the companion animal. If the court	29680
determines that probable cause exists, the court shall determine	29681
the amount of a bond or cash deposit that is needed to provide for	29682
the companion animal's care and keeping for not less than thirty	29683
days beginning on the date on which the companion animal was	29684
impounded.	29685

(2) If the court determines that probable cause does not	29686
exist, the court immediately shall order the impounding agency to	29687
return the companion animal to its owner if possible. If the	29688
companion animal cannot be returned because it has died as a	29689
result of neglect or other misconduct by the impounding agency or	29690
if the companion animal is injured as a result of neglect or other	29691
misconduct by the impounding agency, the court shall order the	29692
impounding agency to pay the owner an amount determined by the	29693
court to be equal to the reasonable market value of the companion	29694
animal at the time that it was impounded plus statutory interest	29695
as defined in section 1343.03 of the Revised Code from the date of	29696
the impoundment or an amount determined by the court to be equal	29697
to the reasonable cost of treatment of the injury to the companion	29698
animal, as applicable. The requirement established in division	29699
(E)(2) of this section regarding the payment of the reasonable	29700
market value of the companion animal shall not apply in the case	29701
of a dog that, in violation of section 955.01 of the Revised Code,	29702
was not registered at the time it was seized and impounded.	29703

(3) If the court determines that probable cause exists and	29704
determines the amount of a bond or cash deposit, the case shall	29705
continue and the owner shall post a bond or cash deposit to	29706
provide for the companion animal's care and keeping for not less	29707
than thirty days beginning on the date on which the companion	29708
animal was impounded. The owner may renew a bond or cash deposit	29709
by posting, not later than ten days following the expiration of	29710
the period for which a previous bond or cash deposit was posted, a	29711
new bond or cash deposit in an amount that the court, in	29712
consultation with the impounding agency, determines is sufficient	29713
to provide for the companion animal's care and keeping for not	29714
less than thirty days beginning on the date on which the previous	29715
period expired. If no bond or cash deposit is posted or if a bond	29716
or cash deposit expires and is not renewed, the impounding agency	29717
may determine the disposition of the companion animal unless the	29718
court issues an order that specifies otherwise.	29719

(F) If a person is convicted of committing an offense, the	29720
court may impose the following additional penalties against the	29721
person:	29722

(1) A requirement that the person pay for the costs incurred	29723
by the impounding agency in caring for a companion animal involved	29724
in the applicable offense, provided that the costs were incurred	29725
during the companion animal's impoundment. A bond or cash deposit	29726
posted under this section may be applied to the costs.	29727

(2) An order permanently terminating the person's right to	29728
possession, title, custody, or care of the companion animal that	29729
was involved in the offense. If the court issues such an order,	29730
the court shall order the disposition of the companion animal.	29731

(G) If a person is found not guilty of committing an offense,	29732
the court immediately shall order the impounding agency to return	29733
the companion animal to its owner if possible and to return the	29734
entire amount of any bond or cash deposit posted under division	29735
(E) of this section. If the companion animal cannot be returned	29736
because it has died as a result of neglect or other misconduct by	29737
the impounding agency or if the companion animal is injured as a	29738
result of neglect or other misconduct by the impounding agency,	29739
the court shall order the impounding agency to pay the owner an	29740
amount determined by the court to be equal to the reasonable	29741
market value of the companion animal at the time that it was	29742
impounded plus statutory interest as defined in section 1343.03 of	29743
the Revised Code from the date of the impoundment or an amount	29744
determined by the court to be equal to the reasonable cost of	29745
treatment of the injury to the companion animal, as applicable.	29746
The requirements established in this division regarding the return	29747
of a bond or cash deposit and the payment of the reasonable market	29748
value of the companion animal shall not apply in the case of a dog	29749
that, in violation of section 955.01 of the Revised Code, was not	29750
registered at the time it was seized and impounded.	29751

(H) If charges are filed under section 959.131 of the Revised	29752
Code against the custodian or caretaker of a companion animal, but	29753
the companion animal that is the subject of the charges is not	29754
impounded, the court in which the charges are pending may order	29755
the owner or person having custody of the companion animal to	29756
provide to the companion animal the necessities described in	29757
division (C)(2) or (E)(2) of section 959.131 of the Revised Code	29758
until the final disposition of the charges. If the court issues an	29759
order of that nature, the court also may authorize an officer or	29760
another person to visit the place where the companion animal is	29761
being kept, at the times and under the conditions that the court	29762
may set, to determine whether the companion animal is receiving	29763
those necessities and to remove and impound the companion animal	29764
if the companion animal is not receiving those necessities.	29765

Sec. 959.99. (A) Whoever violates section 959.18 or 959.19	29766
of the Revised Code is guilty of a minor misdemeanor.	29767

(B) Except as otherwise provided in this division, whoever	29768
violates section 959.02 of the Revised Code is guilty of a	29769
misdemeanor of the second degree. If the value of the animal	29770
killed or the injury done amounts to three hundred dollars or	29771
more, whoever violates section 959.02 of the Revised Code is	29772
guilty of a misdemeanor of the first degree.	29773

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	29774
or 959.17 of the Revised Code is guilty of a misdemeanor of the	29775
fourth degree.	29776

(D) Whoever violates division (A) of section 959.13 of the	29777
Revised Code is guilty of a misdemeanor of the second degree. In	29778
addition, the court may order the offender to forfeit the animal	29779
or livestock and may provide for its disposition, including, but	29780
not limited to, the sale of the animal or livestock. If an animal	29781
or livestock is forfeited and sold pursuant to this division, the	29782
proceeds from the sale first shall be applied to pay the expenses	29783
incurred with regard to the care of the animal from the time it	29784
was taken from the custody of the former owner. The balance of the	29785
proceeds from the sale, if any, shall be paid to the former owner	29786
of the animal.	29787

(E)(1) Whoever violates division (B) of section 959.131 of	29788
the Revised Code is guilty of a misdemeanor of the first degree on	29789
a first offense and a felony of the fifth degree on each	29790
subsequent offense.	29791

(2) Whoever violates section 959.01 of the Revised Code or	29792
division (C) of section 959.131 of the Revised Code is guilty of a	29793
misdemeanor of the second degree on a first offense and a	29794
misdemeanor of the first degree on each subsequent offense.	29795

(3) Whoever violates division (D) of section 959.131 of the	29796
Revised Code is guilty of a felony of the fifth degree.	29797

(4) Whoever violates division (E) of section 959.131 of the	29798
Revised Code is guilty of a misdemeanor of the first degree.	29799

(5)(a) A court may order a person who is convicted of or	29800
pleads guilty to a violation of section 959.131 of the Revised	29801
Code to forfeit to an impounding agency, as defined in section	29802
959.132 of the Revised Code, any or all of the companion animals	29803
in that person's ownership or care. The court also may prohibit or	29804
place limitations on the person's ability to own or care for any	29805
companion animals for a specified or indefinite period of time.	29806

(b) A court may order a person who is convicted of or pleads	29807
guilty to a violation of section 959.131 of the Revised Code to	29808
reimburse an impounding agency for the reasonably necessary costs	29809
incurred by the agency for the care of a companion animal that the	29810
agency impounded as a result of the investigation or prosecution	29811
of the violation, provided that the costs were not otherwise paid	29812
under section 959.132 of the Revised Code.	29813

~~(4)~~(6) If a court has reason to believe that a person who is	29814
convicted of or pleads guilty to a violation of section 959.131 of	29815
the Revised Code suffers from a mental or emotional disorder that	29816
contributed to the violation, the court may impose as a community	29817
control sanction or as a condition of probation a requirement that	29818
the offender undergo psychological evaluation or counseling. The	29819
court shall order the offender to pay the costs of the evaluation	29820
or counseling.	29821

(F) Whoever violates section 959.14 of the Revised Code is	29822
guilty of a misdemeanor of the second degree on a first offense	29823
and a misdemeanor of the first degree on each subsequent offense.	29824

(G) Whoever violates section 959.05 or 959.20 of the Revised	29825
Code is guilty of a misdemeanor of the first degree.	29826

(H) Whoever violates section 959.16 of the Revised Code is	29827
guilty of a felony of the fourth degree for a first offense and a	29828
felony of the third degree on each subsequent offense.	29829

Sec. 991.03. (A) The Ohio expositions commission shall:

29830

(1) Conduct at least one fair or exposition annually;

29831

(2) Maintain and manage property held by the state for the	29832
purpose of conducting fairs, expositions, and exhibits;	29833

(3) As provided in section 109.122 of the Revised Code,	29834
provide notice of or copies of any proposed entertainment or	29835
sponsorship contracts to the attorney general.	29836

(B) The commission may:

29837

(1) Conduct such additional fairs, expositions, or	29838
exhibitions as the commission determines are in the general public	29839
interest;	29840

(2) Accept on behalf of the state conveyances of property for	29841
the purposes of conducting fairs, expositions, and exhibits,	29842
subject to any terms and conditions agreed to by the commission	29843
and approved by the controlling board;	29844

(3) Accept gifts, devises, and bequests of money, lands, and	29845
other property and apply the money, lands, or other property	29846
according to the terms of the gift, devise, or bequest. A	29847
political subdivision as authorized by law may make gifts and	29848
devises to the commission, and the commission shall apply such a	29849
gift or devise according to the terms of the gift or devise. All	29850
gifts and bequests of money accepted under this division shall be	29851
deposited into the state treasury to the credit of the Ohio	29852
expositions support fund.	29853

(4) Enter into contracts that the commission considers	29854
necessary or worthwhile in the conduct of its purposes, provided	29855
that contracts made for a term exceeding two years, other than	29856
those described in division (B)(4) of this section, shall be	29857
subject to the approval of the controlling board and provided that	29858
the attorney general, pursuant to the attorney general's authority	29859
under section 109.122 of the Revised Code, has not disapproved the	29860
proposed contract;	29861

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	29862
or services;	29863

~~(5)~~(6) Sell or convey all or a portion of the property, land,	29864
or buildings under its management subject to the approval of the	29865
legislature;	29866

~~(6)~~(7) Grant leases on all or any part of the property, land,	29867
or buildings under the management of the commission to private or	29868
public organizations, which appear to be in the best interests of	29869
the state, with the approval of the controlling board and director	29870
of administrative services, subject to the following conditions:	29871

(a) The lessees shall make or construct improvements on such	29872
lands or buildings at no cost to the commission or to the state,	29873
subject to prior approval by the director of administrative	29874
services of detailed plans and specifications of such	29875
improvements.	29876

(b) No person, firm, or corporation shall cause a lien to be	29877
filed against any funds or property of the state or of the	29878
commission as a result of a lessee's activities pursuant to	29879
division (B)~~(6)~~(7)(a) of this section.	29880

(c) Leases shall be entered into subject to the sale of such	29881
property, lands, or buildings during the term of the lease.	29882

(d) No leases shall be made which interfere with a fair,	29883
exposition, or exhibition on such lands.	29884

~~(7)~~(8) Encumber appropriations for the entire amount of a	29885
contract at the time the contract is made, even though the	29886
contract will not be performed in the fiscal year for which the	29887
appropriations were made.	29888

~~(8)~~(9) Implement a credit card payment program permitting	29889
payment by means of a credit card of any fees, charges, and	29890
rentals associated with conducting fairs, expositions, and	29891
exhibits. The commission may open an account outside the state	29892
treasury in a financial institution for the purpose of depositing	29893
credit card receipts. By the end of the business day following the	29894
deposit of the receipts, the financial institution shall make	29895
available to the commission funds in the amount of the receipts.	29896
The commission shall then pay these funds into the state treasury	29897
to the credit of the Ohio expositions fund.	29898

The commission shall adopt rules as necessary to carry out	29899
the purposes of division (B)~~(8)~~(9) of this section. The rules	29900
shall include standards for determining eligible financial	29901
institutions and the manner in which funds shall be made available	29902
and shall be consistent with the standards contained in sections	29903
135.03, 135.18, and 135.181 of the Revised Code.	29904

The commission shall not adopt or enforce any rules which	29905
will prohibit livestock exhibited at the Ohio state fair from	29906
participating in county and independent fairs in the state.	29907

Sec. 991.04. There is hereby established in the state	29908
treasury the Ohio expositions fund. ~~All~~Except for gifts and	29909
bequests of money accepted under division (B)(3) of section 991.03	29910
of the Revised Code, all moneys collected by the Ohio expositions	29911
commission pursuant to sections 991.01 to 991.07 of the Revised	29912
Code and any income generated from the investment of those moneys	29913
shall be paid into the fund and may be used to defray the costs of	29914
administration and carrying out the purposes of sections 991.01 to	29915
991.07 of the Revised Code.	29916

With the approval of the director of budget and management,	29917
provisions may be made for a cash fund to be established on the	29918
state fairgrounds during the period of activities related to the	29919
holding of the annual state fair. The purpose of such fund is to	29920
provide for payment of premiums and entertainers and for immediate	29921
payment of small amounts for obligations, including ticket	29922
refunds, of such nature as to require immediate payment.	29923

The expositions commission shall cause to be kept an accurate	29924
record of all transactions, contracts, and proceedings. The	29925
director of budget and management shall prescribe a system of	29926
accounting and reporting. Such system shall include methods and	29927
forms showing the sources from which all revenues of the	29928
expositions commission are received, the amount collected from	29929
each source, and the amount expended for each purpose.	29930

Sec. 991.041. There is in the state treasury the Ohio	29931
expositions support fund. All gifts and bequests of money accepted	29932
under division (B)(3) of section 991.03 of the Revised Code shall	29933
be deposited into the state treasury to the credit of the fund.	29934
Investment earnings of the fund shall be deposited into the fund.	29935
The Ohio expositions commission may use the fund, consistent with	29936
the terms of the gift or bequest, to defray the cost of	29937
administration and of carrying out the purposes of sections 991.01	29938
to 991.07 of the Revised Code.	29939

Sec. 991.06. Annually on or before the thirtieth day of	29940
September the Ohio expositions commission, through its general	29941
manager, shall prepare and file with the auditor of state a	29942
statement showing the total amount received from each source of	29943
revenue, the total amount disbursed for each class of	29944
expenditures, and the aggregate of all receipts and expenditures	29945
of the commission. This statement shall also include a summary of	29946
each contract for the mutual exchange of goods or services entered	29947
into by the commission under ~~division (B)(4) of~~ section 991.03 of	29948
the Revised Code. Upon receipt of such statement, the auditor of	29949
state shall have it verified and make a report of ~~his~~the auditor	29950
of state's findings thereon to the governor.	29951

Assistant auditors of state shall conduct an audit of	29952
activities of the annual Ohio state fair on the Ohio exposition	29953
center during the period when the fair is in progress.	29954

The cost of such audit shall be included in the annual	29955
expenses of the Ohio expositions commission.	29956

Sec. 1309.521. (A) A filing office that accepts written	29957
records may not refuse to accept a written initial financing	29958
statement in the ~~following~~ form and format set forth in the	29959
official text of the 2010 amendments to article 9 of the uniform	29960
commercial code promulgated by the American law institute and the	29961
national conference of commissioners on uniform state laws, except	29962
for a reason prescribed in division (B) of section 1309.516 of the	29963
Revised Code:.	29964

~~UCC FINANCING STATEMENT~~	29965

~~Follow instructions (front and back) carefully.~~	29966

~~A. Name and phone of contact at filer (optional)~~			29967
~~.................................................................~~			29968
~~B. Send acknowledgment to: (name and address)~~			29969
~~..................................~~			29970
~~..................................~~			29971
~~..................................~~	~~The above space is for filing office use only.~~		29972
~~1. DEBTOR'S EXACT FULL LEGAL NAME~~			29973
~~(Insert only one debtor name [1a or 1b]. Do not abbreviate or~~			29974
~~combine names. If completing 1b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			29975
~~1a. Organization's name .........................................~~			29976
or			29977
~~1b. Individual's last name ............. First name .............~~			29978
~~Middle name ........................... Suffix ..................~~			29979
~~1c. Mailing address .............................................~~			29980
~~City .......... State ....... Postal code ...... Country ........~~			29981
		29982
~~Additional information regarding organization debtor~~			29983
~~1d. Type of organization ........................................~~			29984
~~1e. Jurisdiction of organization ................................~~			29985
~~2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			29986
~~(Insert only one debtor name [2a or 2b]. Do not abbreviate or~~			29987
~~combine names. If completing 2b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			29988
~~2a. Organization's name .........................................~~			29989
or			29990
~~2b. Individual's last name ............. First name .............~~			29991
~~Middle name ........................... Suffix ..................~~			29992
~~2c. Mailing address .............................................~~			29993
~~City .......... State ....... Postal code ...... Country ........~~			29994
		29995
~~Additional information regarding organization debtor~~			29996
~~2d. Type of organization ........................................~~			29997
~~2e. Jurisdiction of organization ................................~~			29998
~~3. SECURED PARTY'S NAME (or name of total assignee of assignor~~			29999
~~S/P). Insert only one secured party name (3a or 3b).~~			30000
~~3a. Organization's name .........................................~~			30001
or			30002
~~3b. Individual's last name ............. First name .............~~			30003
~~Middle name ........................... Suffix ..................~~			30004
~~3c. Mailing address .............................................~~			30005
~~City .......... State ....... Postal code ...... Country ........~~			30006
~~4. This FINANCING STATEMENT covers the following collateral:~~			30007
~~.................................................................~~			30008
~~.................................................................~~			30009
~~.................................................................~~			30010
~~.................................................................~~			30011
~~5. ALTERNATIVE DESIGNATION (if applicable):~~			30012
~~[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor~~			30013
~~[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing~~			30014
~~6. [ ] This FINANCING STATEMENT is to be filed [for record] (or~~			30015
~~recorded) in the REAL ESTATE RECORDS. Attach addendum ..........~~			30016
~~[if applicable].~~			30017
~~7. Check to REQUEST SEARCH REPORT(S) on debtor(s)~~			30018
~~[ADDITIONAL FEE] .......... [optional]~~			30019
~~[ ] All debtors [ ] Debtor 1 [ ] Debtor 2~~			30020
~~8. OPTIONAL FILER REFERENCE DATA~~			30021
~~.................................................................~~			30022
~~.................................................................~~			30023

~~UCC FINANCING STATEMENT ADDENDUM~~	30024

~~Follow instructions (front and back) carefully.~~	30025

~~9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT~~			30026
~~9a. Organization's name .........................................~~			30027
or			30028
~~9b. Individual's last name ............. First name .............~~			30029
~~Middle name ........................... Suffix ..................~~			30030
~~10. MISCELLANEOUS~~			30031
~~..................................~~			30032
~~..................................~~			30033
~~..................................~~		~~The above space is for filing office use only.~~	30034
~~11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			30035
~~(Insert only one name [11a or 11b]. Do not abbreviate or combine~~			30036
~~names. If completing 11b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			30037
~~11a. Organization's name ........................................~~			30038
or			30039
~~11b. Individual's last name ............. First name ............~~			30040
~~Middle name ........................... Suffix ..................~~			30041
~~11c. Mailing address ............................................~~			30042
~~City .......... State ....... Postal code ...... Country ........~~			30043
		30044
~~Additional information regarding organization debtor~~			30045
~~11d. Type of organization .......................................~~			30046
~~11e. Jurisdiction of organization ...............................~~			30047
~~12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME~~			30048
~~(Insert only one name [12a or 12b].)~~			30049
~~12a. Organization's name ........................................~~			30050
or			30051
~~12b. Individual's last name ............. First name ............~~			30052
~~Middle name ........................... Suffix ..................~~			30053
~~12c. Mailing address ............................................~~			30054
~~City .......... State ....... Postal code ...... Country ........~~			30055
~~13. This FINANCING STATEMENT covers [ ] timber to be cut or~~			30056
~~[ ] as-extracted collateral, or is filed as a [ ] fixture filing.~~			30057
~~14. DESCRIPTION OF REAL ESTATE:~~			30058
~~.................................................................~~			30059
~~.................................................................~~			30060
~~.................................................................~~			30061
~~.................................................................~~			30062
~~15. Name and address of a RECORD OWNER of above-described real~~			30063
~~estate (if debtor does not have a record interest):~~			30064
~~.................................................................~~			30065
~~.................................................................~~			30066
~~.................................................................~~			30067
~~16. Additional collateral description:~~			30068
~~.................................................................~~			30069
~~.................................................................~~			30070
~~.................................................................~~			30071
~~.................................................................~~			30072
~~17. Check only if applicable and check only one box.~~			30073
~~Debtor is a [ ] Trust or [ ] Trustee acting with respect to~~			30074
~~property held in trust or [ ] Decedent's estate~~			30075
~~18. Check only if applicable and check only one box.~~			30076
~~[ ]~~	~~Debtor is a transmitting utility~~		30077
~~[ ]~~	~~Filed in connection with a manufactured-home transaction -~~		30078
	~~effective 30 years~~		30079
~~[ ]~~	~~Filed in connection with a public-finance transaction -~~		30080
	~~effective 30 years~~		30081

(B) A filing office that accepts written records may not	30082
refuse to accept a written record in the ~~following~~ form and format	30083
set forth as form UCC3 and form UCC3Ad in the final official text	30084
of the 2010 amendments to article 9 of the uniform commercial code	30085
promulgated by the American law institute and the national	30086
conference of commissioners on uniform state laws, except for a	30087
reason prescribed in division (B) of section 1309.516 of the	30088
Revised Code:.	30089

~~UCC FINANCING STATEMENT AMENDMENT~~	30090

~~Follow instructions (front and back) carefully.~~	30091

~~A. Name and phone of contact at filer (optional)~~		30092
~~................................................................~~		30093
~~B. Send acknowledgment to: (name and address)~~		30094
~~..................................~~		30095
~~..................................~~		30096
~~..................................~~	~~The above space is for filing office use only.~~	30097
~~1a. INITIAL FINANCING STATEMENT FILE NUMBER ....................~~		30098
~~1b. [ ] This financing statement amendment is to be filed [for~~		30099
~~record] (or recorded) in the real estate records.~~		30100
~~2. [ ] TERMINATION: Effectiveness of the financing statement identified above is terminated with respect to security interest(s) of the secured party authorizing this termination statement.~~		30101
3. [ ] CONTINUATION: Effectiveness of the financing statement identified above with respect to security interest(s) of the secured party authorizing this continuation statement is continued for the additional period provided by applicable law.		30102
~~4. [ ] ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.~~		30103
~~5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor~~		30104
~~or [ ] Secured Party of record. Check only one of these two boxes.~~		30105

~~Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.~~		30106
~~[ ]~~	~~CHANGE name and/or address. Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c.~~	30107
~~[ ]~~	~~DELETE name. Give record name to be deleted in item 6a or 6b.~~	30108
~~[ ]~~	~~ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable).~~	30109

~~6. CURRENT RECORD INFORMATION:~~		30110
~~6a. Organization's name .........................................~~		30111
or		30112
~~6b. Individual's last name .................. First name ........~~		30113
~~Middle name ................................. Suffix ............~~		30114
~~7. CHANGED (NEW) OR ADDED INFORMATION:~~		30115
(If completing 7b and the amendment affects a debtor, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)		30116
~~7a. Organization's name .........................................~~		30117
or		30118
~~7b. Individual's last name .................. First name ........~~		30119
~~Middle name ................................. Suffix ............~~		30120
~~7c. Mailing address .............................................~~		30121
~~City ........ State ....... Postal code ....... Country .........~~		30122
		30123
~~Additional information regarding organization debtor~~		30124
~~7d. Type of organization ........................................~~		30125
~~7e. Jurisdiction of organization ................................~~		30126
~~8. AMENDMENT (COLLATERAL CHANGE). Check only one box.~~		30127
~~Describe collateral [ ] deleted or [ ] added, or give entire~~		30128
~~[ ] restated collateral description, or describe collateral~~		30129
~~[ ] assigned.~~		30130
~~.................................................................~~		30131
~~.................................................................~~		30132
~~.................................................................~~		30133
~~.................................................................~~		30134
~~9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT~~		30135
~~(name of assignor, if this is an assignment). If this is an~~		30136
~~amendment authorized by a debtor that adds collateral or adds~~		30137
~~the authorizing debtor, or if this is a termination authorized~~		30138
~~by a debtor, check here [ ] and enter name of debtor~~		30139
~~authorizing this amendment.~~		30140
~~9a. Organization's name .........................................~~		30141
or		30142
~~9b. Individual's last name ................ First name ..........~~		30143
~~Middle name ............................... Suffix ..............~~		30144
~~10. OPTIONAL FILER REFERENCE DATA~~		30145
~~.................................................................~~		30146

~~UCC FINANCING STATEMENT AMENDMENT ADDENDUM~~	30147

~~Follow instructions (front and back) carefully.~~	30148

~~11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a~~		30149
~~on amendment form) .............................................~~		30150
~~12. NAME OF PARTY AUTHORIZING~~		30151
~~THIS AMENDMENT (same as item 9~~		30152
~~on amendment form)~~		30153
~~12a. Organization's name~~		30154
~~.................................~~		30155
or		30156
~~12b. Individual's last name~~		30157
~~.................................~~		30158
~~First name ......................~~		30159
~~Middle name .......... Suffix ...~~	~~The above space is for filing office use only.~~	30160
~~13. Use this space for additional information.~~		30161
~~...................................................................~~		30162
~~...................................................................~~		30163
~~...................................................................~~		30164

~~...................................................................~~

30165

Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the	30166
Revised Code:	30167

(A) "Person" means an individual, partnership, association,	30168
trust, corporation, or any other legal entity.	30169

(B) "Certificate" means a certificate of registration issued	30170
under sections 1321.51 to 1321.60 of the Revised Code.	30171

(C) "Registrant" means a person to whom one or more	30172
certificates of registration have been issued under sections	30173
1321.51 to 1321.60 of the Revised Code.	30174

(D) "Principal amount" means the amount of cash paid to, or	30175
paid or payable for the account of, the borrower, and includes any	30176
charge, fee, or expense that is financed by the borrower at	30177
origination of the loan or during the term of the loan.	30178

(E) "Interest" means all charges payable directly or	30179
indirectly by a borrower to a registrant as a condition to a loan	30180
or an application for a loan, however denominated, but does not	30181
include default charges, deferment charges, insurance charges or	30182
premiums, court costs, loan origination charges, check collection	30183
charges, credit line charges, points, prepayment penalties, or	30184
other fees and charges specifically authorized by law.	30185

(F) "Interest-bearing loan" means a loan in which the debt	30186
is expressed as the principal amount and interest is computed,	30187
charged, and collected on unpaid principal balances outstanding	30188
from time to time.	30189

(G) "Precomputed loan" means a loan in which the debt is a	30190
sum comprising the principal amount and the amount of interest	30191
computed in advance on the assumption that all scheduled payments	30192
will be made when due.	30193

(H) "Actuarial method" means the method of allocating	30194
payments made on a loan between the principal amount and interest	30195
whereby a payment is applied first to the accumulated interest and	30196
the remainder to the unpaid principal amount.	30197

(I) "Applicable charge" means the amount of interest	30198
attributable to each monthly installment period of the loan	30199
contract. The applicable charge is computed as if each installment	30200
period were one month and any charge for extending the first	30201
installment period beyond one month is ignored. In the case of	30202
loans originally scheduled to be repaid in sixty-one months or	30203
less, the applicable charge for any installment period is that	30204
proportion of the total interest contracted for, as the balance	30205
scheduled to be outstanding during that period bears to the sum of	30206
all of the periodic balances, all determined according to the	30207
payment schedule originally contracted for. In all other cases,	30208
the applicable charge for any installment period is that which	30209
would have been made for such period had the loan been made on an	30210
interest-bearing basis, based upon the assumption that all	30211
payments were made according to schedule.	30212

(J) "Broker" means a person who acts as an intermediary or	30213
agent in finding, arranging, or negotiating loans, other than	30214
residential mortgage loans, and charges or receives a fee for	30215
these services.	30216

(K) "Annual percentage rate" means the ratio of the interest	30217
on a loan to the unpaid principal balances on the loan for any	30218
period of time, expressed on an annual basis.	30219

(L) "Point" means a charge equal to one per cent of either of	30220
the following:	30221

(1) The principal amount of a precomputed loan or	30222
interest-bearing loan;	30223

(2) The original credit line of an open-end loan.

30224

(M) "Prepayment penalty" means a charge for prepayment of a	30225
loan at any time prior to five years from the date the loan	30226
contract is executed.	30227

(N) "Refinancing" means a loan the proceeds of which are used	30228
in whole or in part to pay the unpaid balance of a prior loan made	30229
by the same registrant to the same borrower under sections 1321.51	30230
to 1321.60 of the Revised Code.	30231

(O) "Superintendent of financial institutions" includes the	30232
deputy superintendent for consumer finance as provided in section	30233
1181.21 of the Revised Code.	30234

(P)(1) "Mortgage loan originator" means an individual who for	30235
compensation or gain, or in anticipation of compensation or gain,	30236
does any of the following:	30237

(a) Takes or offers to take a residential mortgage loan	30238
application;	30239

(b) Assists or offers to assist a borrower in obtaining or	30240
applying to obtain a residential mortgage loan by, among other	30241
things, advising on loan terms, including rates, fees, and other	30242
costs;	30243

(c) Offers or negotiates terms of a residential mortgage	30244
loan;	30245

(d) Issues or offers to issue a commitment for a residential	30246
mortgage loan to a borrower.	30247

(2) "Mortgage loan originator" does not include any of the	30248
following:	30249

(a) An individual who performs purely administrative or	30250
clerical tasks on behalf of a mortgage loan originator;	30251

(b) A person licensed pursuant to Chapter 4735. of the	30252
Revised Code, or under the similar law of another state, who	30253
performs only real estate brokerage activities permitted by that	30254
license, provided the person is not compensated by a mortgage	30255
lender, mortgage broker, mortgage loan originator, or by any agent	30256
thereof;	30257

(c) A person solely involved in extensions of credit relating	30258
to timeshare plans, as that term is defined in 11 U.S.C. 101, in	30259
effect on January 1, 2009;	30260

(d) A person acting solely as a loan processor or	30261
underwriter, who does not represent to the public, through	30262
advertising or other means of communicating, including the use of	30263
business cards, stationery, brochures, signs, rate lists, or other	30264
promotional items, that the person can or will perform any of the	30265
activities of a mortgage loan originator;	30266

(e) A loan originator licensed under sections 1322.01 to	30267
1322.12 of the Revised Code, when acting solely under that	30268
authority;	30269

(f) A licensed attorney who negotiates the terms of a	30270
residential mortgage loan on behalf of a client as an ancillary	30271
matter to the attorney's representation of the client, unless the	30272
attorney is compensated by a lender, a mortgage broker, or another	30273
mortgage loan originator, or by any agent thereof;	30274

(g) Any person engaged in the retail sale of manufactured	30275
homes, mobile homes, or industrialized units if, in connection	30276
with financing those retail sales, the person only assists the	30277
borrower by providing or transmitting the loan application and	30278
does not do any of the following:	30279

(i) Offer or negotiate the residential mortgage loan rates or	30280
terms;	30281

(ii) Provide any counseling with borrowers about residential	30282
mortgage loan rates or terms;	30283

(iii) Receive any payment or fee from any company or	30284
individual for assisting the borrower obtain or apply for	30285
financing to purchase the manufactured home, mobile home, or	30286
industrialized unit;	30287

(iv) Assist the borrower in completing the residential	30288
mortgage loan application.	30289

(3) An individual acting exclusively as a servicer engaging	30290
in loss mitigation efforts with respect to existing mortgage	30291
transactions shall not be considered a mortgage loan originator	30292
for purposes of sections 1321.51 to 1321.60 of the Revised Code	30293
until July 1, 2011, unless such delay is denied by the United	30294
States department of housing and urban development.	30295

(Q) "Residential mortgage loan" means any loan primarily for	30296
personal, family, or household use that is secured by a mortgage,	30297
deed of trust, or other equivalent consensual security interest on	30298
a dwelling or on residential real estate upon which is constructed	30299
or intended to be constructed a dwelling. For purposes of this	30300
division, "dwelling" has the same meaning as in the "Truth in	30301
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	30302

(R) "Nationwide mortgage licensing system and registry" or	30303
"NMLS" means a mortgage licensing system developed and maintained	30304
by the conference of state bank supervisors and the American	30305
association of residential mortgage regulators, or their successor	30306
entities, for the licensing and registration of mortgage loan	30307
originators, or any system established by the secretary of housing	30308
and urban development pursuant to the "Secure and Fair Enforcement	30309
for Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C.	30310
5101.	30311

(S) "Registered mortgage loan originator" means an individual	30312
to whom both of the following apply:	30313

(1) The individual is a mortgage loan originator and an	30314
employee of a depository institution, a subsidiary that is owned	30315
and controlled by a depository institution and regulated by a	30316
federal banking agency, or an institution regulated by the farm	30317
credit administration.	30318

(2) The individual is registered with, and maintains a unique	30319
identifier through, the ~~nationwide mortgage licensing system and~~	30320
~~registry~~NMLS.	30321

(T) "Administrative or clerical tasks" means the receipt,	30322
collection, and distribution of information common for the	30323
processing or underwriting of a loan in the mortgage industry, and	30324
communication with a consumer to obtain information necessary for	30325
the processing or underwriting of a residential mortgage loan.	30326

(U) "Federal banking agency" means the board of governors of	30327
the federal reserve system, the comptroller of the currency, the	30328
director of the office of thrift supervision, the national credit	30329
union administration, and the federal deposit insurance	30330
corporation.	30331

(V) "Loan processor or underwriter" means an individual who	30332
performs clerical or support duties at the direction of and	30333
subject to the supervision and instruction of a licensed mortgage	30334
loan originator or registered mortgage loan originator. For	30335
purposes of this division, to "perform clerical or support duties"	30336
means to do all of the following activities:	30337

(1) Receiving, collecting, distributing, and analyzing	30338
information common for the processing or underwriting of a	30339
residential mortgage loan;	30340

(2) Communicating with a borrower to obtain the information	30341
necessary for the processing or underwriting of a loan, to the	30342
extent the communication does not include offering or negotiating	30343
loan rates or terms or counseling borrowers about residential	30344
mortgage loan rates or terms.	30345

(W) "Real estate brokerage activity" means any activity that	30346
involves offering or providing real estate brokerage services to	30347
the public, including all of the following:	30348

(1) Acting as a real estate agent or real estate broker for a	30349
buyer, seller, lessor, or lessee of real property;	30350

(2) Bringing together parties interested in the sale,	30351
purchase, lease, rental, or exchange of real property;	30352

(3) Negotiating, on behalf of any party, any portion of a	30353
contract relating to the sale, purchase, lease, rental, or	30354
exchange of real property, other than in connection with providing	30355
financing for any such transaction;	30356

(4) Engaging in any activity for which a person engaged in	30357
that activity is required to be registered or licensed as a real	30358
estate agent or real estate broker under any applicable law;	30359

(5) Offering to engage in any activity, or to act in any	30360
capacity, described in division (W) of this section.	30361

(X) "Licensee" means any person that has been issued a	30362
mortgage loan originator license under sections 1321.51 to 1321.60	30363
of the Revised Code.	30364

(Y) "Unique identifier" means a number or other identifier	30365
that permanently identifies a mortgage loan originator and is	30366
assigned by protocols established by the ~~nationwide mortgage~~	30367
~~licensing system and registry~~NMLS or federal banking agencies to	30368
facilitate electronic tracking of mortgage loan originators and	30369
uniform identification of, and public access to, the employment	30370
history of and the publicly adjudicated disciplinary and	30371
enforcement actions against mortgage loan originators.	30372

(Z) "State" in the context of referring to states in addition	30373
to Ohio means any state of the United States, the district of	30374
Columbia, any territory of the United States, Puerto Rico, Guam,	30375
American Samoa, the trust territory of the Pacific islands, the	30376
virgin islands, and the northern Mariana islands.	30377

(AA) "Depository institution" has the same meaning as in	30378
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	30379
U.S.C. 1813, and includes any credit union.	30380

(BB) "Bona fide third party" means a person that is not an	30381
employee of, related to, or affiliated with, the registrant, and	30382
that is not used for the purpose of circumvention or evasion of	30383
sections 1321.51 to 1321.60 of the Revised Code.	30384

(CC) "Nontraditional mortgage product" means any mortgage	30385
product other than a thirty-year fixed rate mortgage.	30386

(DD) "Employee" means an individual for whom a registrant or	30387
applicant, in addition to providing a wage or salary, pays social	30388
security and unemployment taxes, provides workers' compensation	30389
coverage, and withholds local, state, and federal income taxes.	30390
"Employee" also includes any individual who acts as a mortgage	30391
loan originator or operations manager of the registrant, but for	30392
whom the registrant is prevented by law from making income tax	30393
withholdings.	30394

(EE) "Primary point of contact" means the employee or owner	30395
designated by the registrant or applicant to be the individual who	30396
the division of financial institutions can contact regarding	30397
compliance or licensing matters relating to the registrant's or	30398
applicant's business or lending activities secured by an interest	30399
in real estate.	30400

(FF) "Consumer reporting agency" has the same meaning as in	30401
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a,	30402
as amended.	30403

(GG) "Mortgage broker" has the same meaning as in section	30404
1322.01 of the Revised Code.	30405

Sec. 1321.535. (A) Each applicant for a mortgage loan	30406
originator license shall submit to a written test that is	30407
developed and approved by the ~~nationwide mortgage licensing system~~	30408
~~and registry~~NMLS and administered by a test provider approved by	30409
the ~~nationwide mortgage licensing system and registry~~NMLS based	30410
upon reasonable standards.	30411

(1) The test shall adequately measure the applicant's	30412
knowledge and comprehension in appropriate subject matters,	30413
including ethics and federal and state law related to mortgage	30414
origination, fraud, consumer protection, the nontraditional	30415
mortgage marketplace, and fair lending issues.	30416

(2) An individual shall not be considered to have passed the	30417
test unless the individual achieves a test score of at least	30418
seventy-five per cent correct answers on all questions ~~and at~~	30419
~~least seventy-five per cent correct answers on all questions~~	30420
~~relating to Ohio mortgage lending laws and the Ohio consumer sales~~	30421
~~practices act, Chapter 1345. of the Revised Code, as it applies to~~	30422
~~registrants and licensees~~.	30423

(3) An individual may retake the test three consecutive times	30424
provided the period between taking the tests is at least thirty	30425
days.	30426

(4) After failing three consecutive tests, an individual	30427
shall be required to wait at least six months before taking the	30428
test again.	30429

(5) If a mortgage loan originator fails to maintain a valid	30430
license for a period of five years or longer, the individual shall	30431
be required to retake the test. For this purpose, any time during	30432
which the individual is a registered mortgage loan originator	30433
shall not be taken into account.	30434

(B) Notwithstanding division (A) of this section, if the	30435
~~nationwide mortgage licensing system and registry~~NMLS fails to	30436
have in place a testing process that meets the criteria set forth	30437
in that division, the superintendent shall require, until that	30438
process is in place, evidence that the mortgage loan originator	30439
applicant passed a written test acceptable to the superintendent.	30440

Sec. 1321.55. (A) Every registrant shall keep records	30441
pertaining to loans made under sections 1321.51 to 1321.60 of the	30442
Revised Code. Such records shall be segregated from records	30443
pertaining to transactions that are not subject to these sections	30444
of the Revised Code. Every registrant shall preserve records	30445
pertaining to loans made under sections 1321.51 to 1321.60 of the	30446
Revised Code for at least two years after making the final entry	30447
on such records. Accounting systems maintained in whole or in part	30448
by mechanical or electronic data processing methods that provide	30449
information equivalent to that otherwise required are acceptable	30450
for this purpose. At least once each eighteen-month cycle, the	30451
division of financial institutions shall make or cause to be made	30452
an examination of records pertaining to loans made under sections	30453
1321.51 to 1321.60 of the Revised Code, for the purpose of	30454
determining whether the registrant is complying with these	30455
sections and of verifying the registrant's annual report.	30456

(B)(1) As required by the superintendent of financial	30457
institutions, each registrant shall file with the division each	30458
year a report under oath or affirmation, on forms supplied by the	30459
division, concerning the business and operations for the preceding	30460
calendar year. Whenever a registrant operates two or more	30461
registered offices or whenever two or more affiliated registrants	30462
operate registered offices, then a composite report of the group	30463
of registered offices may be filed in lieu of individual reports.	30464

(2) The division shall publish annually an analysis of the	30465
information required under division (B)(1) of this section, but	30466
the individual reports shall not be public records and shall not	30467
be open to public inspection.	30468

(3) Each mortgage licensee shall submit to the ~~nationwide~~	30469
~~mortgage licensing system and registry~~NMLS call reports or other	30470
reports of condition, which shall be in such form and shall	30471
contain such information as the ~~nationwide mortgage licensing~~	30472
~~system and registry~~NMLS may require.	30473

(4) If the division obtains a call report from the NMLS, the	30474
call report is confidential and not a public record for the	30475
purposes of section 149.43 of the Revised Code.	30476

(C)(1) The following information is confidential:

30477

(a) Examination information, and any information leading to	30478
or arising from an examination;	30479

(b) Investigation information, and any information arising	30480
from or leading to an investigation.	30481

(2) The information described in division (C)(1) of this	30482
section shall remain confidential for all purposes except when it	30483
is necessary for the superintendent to take official action	30484
regarding the affairs of a registrant or licensee, or in	30485
connection with criminal or civil proceedings to be initiated by a	30486
prosecuting attorney or the attorney general. This information may	30487
also be introduced into evidence or disclosed when and in the	30488
manner authorized by section 1181.25 of the Revised Code.	30489

(D) All application information, except social security	30490
numbers, employer identification numbers, financial account	30491
numbers, the identity of the institution where financial accounts	30492
are maintained, personal financial information, fingerprint cards	30493
and the information contained on such cards, and criminal	30494
background information, is a public record as defined in section	30495
149.43 of the Revised Code.	30496

(E) This section does not prevent the division of financial	30497
institutions from releasing to or exchanging with other financial	30498
institution regulatory authorities information relating to	30499
registrants and licensees. For this purpose, a "financial	30500
institution regulatory authority" includes a regulator of a	30501
business activity in which a registrant or licensee is engaged, or	30502
has applied to engage in, to the extent that the regulator has	30503
jurisdiction over a registrant or licensee engaged in that	30504
business activity. A registrant or licensee is engaged in a	30505
business activity, and a regulator of that business activity has	30506
jurisdiction over the registrant or licensee, whether the	30507
registrant or licensee conducts the activity directly or a	30508
subsidiary or affiliate of the registrant or licensee conducts the	30509
activity.	30510

(1) Any confidentiality or privilege arising under federal or	30511
state law with respect to any information or material provided to	30512
the ~~nationwide mortgage licensing system and registry~~NMLS shall	30513
continue to apply to the information or material after the	30514
information or material has been provided to the ~~nationwide~~	30515
~~mortgage licensing system and registry~~NMLS. The information and	30516
material so provided may be shared with all state and federal	30517
regulatory officials with mortgage industry oversight authority	30518
without the loss of confidentiality or privilege protections	30519
provided by federal law or the law of any state. Information or	30520
material described in division (E)(1) of this section to which	30521
confidentiality or privilege applies shall not be subject to any	30522
of the following:	30523

(a) Disclosure under any federal or state law governing	30524
disclosure to the public of information held by an officer or an	30525
agency of the federal government or of the respective state;	30526

(b) Subpoena or discovery, or admission into evidence, in any	30527
private civil action or administrative process, unless the person	30528
to whom such information or material pertains waives, in whole or	30529
in part and at the discretion of the person, any privilege held by	30530
the ~~nationwide mortgage licensing system and registry~~NMLS with	30531
respect to that information or material.	30532

(2) The superintendent, in order to promote more effective	30533
regulation and reduce regulatory burden through supervisory	30534
information sharing, may enter into sharing arrangements with	30535
other governmental agencies, the conference of state bank	30536
supervisors, and the American association of residential mortgage	30537
regulators.	30538

(3) Any state law, including section 149.43 of the Revised	30539
Code, relating to the disclosure of confidential supervisory	30540
information or any information or material described in division	30541
(C)(1) or (E)(1) of this section that is inconsistent with this	30542
section shall be superseded by the requirements of this section.	30543

(F) This section shall not apply with respect to information	30544
or material relating to the employment history of, and publicly	30545
adjudicated disciplinary and enforcement actions against, mortgage	30546
loan originators that is included in the ~~nationwide mortgage~~	30547
~~licensing system and registry~~NMLS for access by the public.	30548

(G) This section does not prevent the division from releasing	30549
information relating to registrants and licensees to the attorney	30550
general, to the superintendent of real estate and professional	30551
licensing for purposes relating to the administration of Chapters	30552
4735. and 4763. of the Revised Code, to the superintendent of	30553
insurance for purposes relating to the administration of Chapter	30554
3953. of the Revised Code, to the commissioner of securities for	30555
purposes relating to the administration of Chapter 1707. of the	30556
Revised Code, or to local law enforcement agencies and local	30557
prosecutors. Information the division releases pursuant to this	30558
section remains confidential.	30559

(H) The superintendent of financial institutions shall, by	30560
rule adopted in accordance with Chapter 119. of the Revised Code,	30561
establish a process by which mortgage loan originators may	30562
challenge information provided to the ~~nationwide mortgage~~	30563
~~licensing system and registry~~NMLS by the superintendent.	30564

(I) No person, in connection with any examination or	30565
investigation conducted by the superintendent under sections	30566
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	30567
the following:	30568

(1) Circumvent, interfere with, obstruct, or fail to	30569
cooperate, including making a false or misleading statement,	30570
failing to produce records, or intimidating or suborning any	30571
witness;	30572

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	30573
any books, records, computer records, or other information;	30574

(3) Tamper with, alter, or manufacture any evidence.

30575

Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the	30576
Revised Code:	30577

(A) "Buyer" means an individual who is solicited to purchase	30578
or who purchases the services of a mortgage broker for purposes of	30579
obtaining a residential mortgage loan.	30580

(B) "Consumer reporting agency" has the same meaning as in	30581
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	30582
as amended.	30583

(C) "Employee" means an individual for whom a mortgage	30584
broker, in addition to providing a wage or salary, pays social	30585
security and unemployment taxes, provides workers' compensation	30586
coverage, and withholds local, state, and federal income taxes.	30587
"Employee" also includes any individual who acts as a loan	30588
originator or operations manager of a registrant, but for whom the	30589
registrant is prevented by law from making income tax	30590
withholdings.	30591

(D) "Licensee" means any individual who has been issued a	30592
loan originator license under sections 1322.01 to 1322.12 of the	30593
Revised Code.	30594

(E)(1) "Loan originator" means an individual who for	30595
compensation or gain, or in anticipation of compensation or gain,	30596
does any of the following:	30597

(a) Takes or offers to take a residential mortgage loan	30598
application;	30599

(b) Assists or offers to assist a buyer in obtaining or	30600
applying to obtain a residential mortgage loan by, among other	30601
things, advising on loan terms, including rates, fees, and other	30602
costs;	30603

(c) Offers or negotiates terms of a residential mortgage	30604
loan;	30605

(d) Issues or offers to issue a commitment for a residential	30606
mortgage loan to a buyer.	30607

(2) "Loan originator" does not include any of the following:

30608

(a) An individual who performs purely administrative or	30609
clerical tasks on behalf of a loan originator;	30610

(b) A person licensed under Chapter 4735. of the Revised	30611
Code, or under the similar law of another state, who performs only	30612
real estate brokerage activities permitted by that license,	30613
provided the person is not compensated by a mortgage lender,	30614
mortgage broker, loan originator, or by any agent thereof;	30615

(c) A person solely involved in extensions of credit relating	30616
to timeshare plans, as that term is defined in 11 U.S.C. 101 in	30617
effect on January 1, 2009;	30618

(d) An employee of a registrant who acts solely as a loan	30619
processor or underwriter and who does not represent to the public,	30620
through advertising or other means of communicating, including the	30621
use of business cards, stationery, brochures, signs, rate lists,	30622
or other promotional items, that the employee can or will perform	30623
any of the activities of a loan originator;	30624

(e) A mortgage loan originator licensed under sections	30625
1321.51 to 1321.60 of the Revised Code, when acting solely under	30626
that authority;	30627

(f) A licensed attorney who negotiates the terms of a	30628
residential mortgage loan on behalf of a client as an ancillary	30629
matter to the attorney's representation of the client, unless the	30630
attorney is compensated by a lender, a mortgage broker, or another	30631
loan originator, or by any agent thereof;	30632

(g) Any person engaged in the retail sale of manufactured	30633
homes, mobile homes, or industrialized units if, in connection	30634
with financing those retail sales, the person only assists the	30635
borrower by providing or transmitting the loan application and	30636
does not do any of the following:	30637

(i) Offer or negotiate the residential mortgage loan rates or	30638
terms;	30639

(ii) Provide any counseling with borrowers about residential	30640
mortgage loan rates or terms;	30641

(iii) Receive any payment or fee from any company or	30642
individual for assisting the borrower obtain or apply for	30643
financing to purchase the manufactured home, mobile home, or	30644
industrialized unit;	30645

(iv) Assist the borrower in completing a residential mortgage	30646
loan application.	30647

(h) An individual employed by a nonprofit organization that	30648
is recognized as tax exempt under 26 U.S.C. 501(c)(3) and whose	30649
primary activity is the construction, remodeling, or	30650
rehabilitation of homes for use by low-income families, provided	30651
that the nonprofit organization makes no-profit mortgage loans or	30652
mortgage loans at zero per cent interest to low-income families	30653
and no fees accrue directly to the nonprofit organization or	30654
individual employed by the nonprofit organization from those	30655
mortgage loans and that the United States department of housing	30656
and urban development does not deny this exemption.	30657

(F) "Mortgage" means any indebtedness secured by a deed of	30658
trust, security deed, or other lien on real property.	30659

(G)(1) "Mortgage broker" means any of the following:

30660

(a) A person that holds that person out as being able to	30661
assist a buyer in obtaining a mortgage and charges or receives	30662
from either the buyer or lender money or other valuable	30663
consideration readily convertible into money for providing this	30664
assistance;	30665

(b) A person that solicits financial and mortgage information	30666
from the public, provides that information to a mortgage broker or	30667
a person that makes residential mortgage loans, and charges or	30668
receives from either of them money or other valuable consideration	30669
readily convertible into money for providing the information;	30670

(c) A person engaged in table-funding or warehouse-lending	30671
mortgage loans that are first lien residential mortgage loans.	30672

(2) "Mortgage broker" does not include any of the following	30673
persons only with respect to business engaged in or authorized by	30674
the person's charter, license, authority, approval, or	30675
certificate, or as otherwise authorized by division (G)(2)(h) of	30676
this section:	30677

(a) A person that makes residential mortgage loans and	30678
receives a scheduled payment on each of those mortgage loans;	30679

(b) Any entity chartered and lawfully doing business under	30680
the authority of any law of this state, another state, or the	30681
United States as a bank, savings bank, trust company, savings and	30682
loan association, or credit union, or a subsidiary of any such	30683
entity, which subsidiary is regulated by a federal banking agency	30684
and is owned and controlled by a depository institution;	30685

(c) A consumer reporting agency that is in substantial	30686
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	30687
U.S.C.A. 1681a, as amended;	30688

(d) Any political subdivision, or any governmental or other	30689
public entity, corporation, instrumentality, or agency, in or of	30690
the United States or any state;	30691

(e) A college or university, or controlled entity of a	30692
college or university, as those terms are defined in section	30693
1713.05 of the Revised Code;	30694

(f) Any entity created solely for the purpose of securitizing	30695
loans secured by an interest in real estate, provided the entity	30696
does not service the loans. For purposes of division (G)(2)(f) of	30697
this section, "securitizing" means the packaging and sale of	30698
mortgage loans as a unit for sale as investment securities, but	30699
only to the extent of those activities.	30700

(g) Any person engaged in the retail sale of manufactured	30701
homes, mobile homes, or industrialized units if, in connection	30702
with obtaining financing by others for those retail sales, the	30703
person only assists the borrower by providing or transmitting the	30704
loan application and does not do any of the following:	30705

(i) Offer or negotiate the residential mortgage loan rates or	30706
terms;	30707

(ii) Provide any counseling with borrowers about residential	30708
mortgage loan rates or terms;	30709

(iii) Receive any payment or fee from any company or	30710
individual for assisting the borrower obtain or apply for	30711
financing to purchase the manufactured home, mobile home, or	30712
industrialized unit;	30713

(iv) Assist the borrower in completing the residential	30714
mortgage loan application.	30715

(h) A mortgage banker, provided it complies with section	30716
1322.022 of the Revised Code and holds a valid letter of exemption	30717
issued by the superintendent. For purposes of this section,	30718
"mortgage banker" means any person that makes, services, buys, or	30719
sells residential mortgage loans secured by a first lien, that	30720
underwrites the loans, and that meets at least one of the	30721
following criteria:	30722

(i) The person has been directly approved by the United	30723
States department of housing and urban development as a	30724
nonsupervised mortgagee with participation in the direct	30725
endorsement program. Division (G)(2)(h)(i) of this section	30726
includes a person that has been directly approved by the United	30727
States department of housing and urban development as a	30728
nonsupervised mortgagee with participation in the direct	30729
endorsement program and that makes loans in excess of the	30730
applicable loan limit set by the federal national mortgage	30731
association, provided that the loans in all respects, except loan	30732
amounts, comply with the underwriting and documentation	30733
requirements of the United States department of housing and urban	30734
development. Division (G)(2)(h)(i) of this section does not	30735
include a mortgagee approved as a loan correspondent.	30736

(ii) The person has been directly approved by the federal	30737
national mortgage association as a seller/servicer. Division	30738
(G)(2)(h)(ii) of this section includes a person that has been	30739
directly approved by the federal national mortgage association as	30740
a seller/servicer and that makes loans in excess of the applicable	30741
loan limit set by the federal national mortgage association,	30742
provided that the loans in all respects, except loan amounts,	30743
comply with the underwriting and documentation requirements of the	30744
federal national mortgage association.	30745

(iii) The person has been directly approved by the federal	30746
home loan mortgage corporation as a seller/servicer. Division	30747
(G)(2)(h)(iii) of this section includes a person that has been	30748
directly approved by the federal home loan mortgage corporation as	30749
a seller/servicer and that makes loans in excess of the applicable	30750
loan limit set by the federal home loan mortgage corporation,	30751
provided that the loans in all respects, except loan amounts,	30752
comply with the underwriting and documentation requirements of the	30753
federal home loan mortgage corporation.	30754

(iv) The person has been directly approved by the United	30755
States department of veterans affairs as a nonsupervised automatic	30756
lender. Division (G)(2)(h)(iv) of this section does not include a	30757
person directly approved by the United States department of	30758
veterans affairs as a nonsupervised lender, an agent of a	30759
nonsupervised automatic lender, or an agent of a nonsupervised	30760
lender.	30761

(i) A nonprofit organization that is recognized as tax exempt	30762
under 26 U.S.C. 501(c)(3) and whose primary activity is the	30763
construction, remodeling, or rehabilitation of homes for use by	30764
low-income families, provided that the nonprofit organization	30765
makes no-profit mortgage loans or mortgage loans at zero per cent	30766
interest to low-income families and no fees accrue directly to the	30767
nonprofit organization from those mortgage loans and that the	30768
United States department of housing and urban development does not	30769
deny this exemption.	30770

(j) A credit union service organization, provided that the	30771
organization utilizes services provided by registered loan	30772
originators or that it holds a valid letter of exemption issued by	30773
the superintendent under section 1322.023 of the Revised Code and	30774
complies with that section.	30775

(H) "Operations manager" means the employee or owner	30776
responsible for the everyday operations, compliance requirements,	30777
and management of a mortgage broker business.	30778

(I) "Registered loan originator" means an individual to whom	30779
both of the following apply:	30780

(1) The individual is a loan originator and an employee of a	30781
depository institution, a subsidiary that is owned and controlled	30782
by a depository institution and regulated by a federal banking	30783
agency, or an institution regulated by the farm credit	30784
administration.	30785

(2) The individual is registered with, and maintains a unique	30786
identifier through, the ~~nationwide mortgage licensing system and~~	30787
~~registry~~NMLS.	30788

(J) "Registrant" means any person that has been issued a	30789
mortgage broker certificate of registration under sections 1322.01	30790
to 1322.12 of the Revised Code.	30791

(K) "Superintendent of financial institutions" includes the	30792
deputy superintendent for consumer finance as provided in section	30793
1181.21 of the Revised Code.	30794

(L) "Table-funding mortgage loan" means a residential	30795
mortgage loan transaction in which the residential mortgage loan	30796
is initially payable to the mortgage broker, the mortgage broker	30797
does not use the mortgage broker's own funds to fund the	30798
transaction, and, by the terms of the mortgage or other agreement,	30799
the mortgage is simultaneously assigned to another person.	30800

(M) "Warehouse-lending mortgage loan" means a residential	30801
mortgage loan transaction in which the residential mortgage loan	30802
is initially payable to the mortgage broker, the mortgage broker	30803
uses the mortgage broker's own funds to fund the transaction, and	30804
the mortgage is sold or assigned before the mortgage broker	30805
receives a scheduled payment on the residential mortgage loan.	30806

(N) "Administrative or clerical tasks" means the receipt,	30807
collection, and distribution of information common for the	30808
processing or underwriting of a loan in the mortgage industry, and	30809
communication with a consumer to obtain information necessary for	30810
the processing or underwriting of a residential mortgage loan.	30811

(O) "Appraisal company" means a sole proprietorship,	30812
partnership, corporation, limited liability company, or any other	30813
business entity or association, that employs or retains the	30814
services of a person licensed or certified under Chapter 4763. of	30815
the Revised Code for purposes of performing residential real	30816
estate appraisals for mortgage loans.	30817

(P) "Depository institution" has the same meaning as in	30818
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	30819
U.S.C. 1813, and includes any credit union.	30820

(Q) "Federal banking agency" means the board of governors of	30821
the federal reserve system, the comptroller of the currency, the	30822
director of the office of thrift supervision, the national credit	30823
union administration, and the federal deposit insurance	30824
corporation.	30825

(R) "Immediate family" means an individual's spouse, child,	30826
stepchild, parent, stepparent, grandparent, grandchild, brother,	30827
sister, parent-in-law, brother-in-law, or sister-in-law.	30828

(S) "Individual" means a natural person.

30829

(T) "Loan processor or underwriter" means an individual who	30830
performs clerical or support duties at the direction of and	30831
subject to the supervision and instruction of a licensed loan	30832
originator or registered loan originator. For purposes of this	30833
division, to "perform clerical or support duties" means to do all	30834
of the following activities:	30835

(1) Receiving, collecting, distributing, and analyzing	30836
information common for the processing or underwriting of a	30837
residential mortgage loan;	30838

(2) Communicating with a buyer to obtain the information	30839
necessary for the processing or underwriting of a loan, to the	30840
extent the communication does not include offering or negotiating	30841
loan rates or terms or counseling buyers about residential	30842
mortgage loan rates or terms.	30843

(U) "Nationwide mortgage licensing system and registry" or	30844
"NMLS" means a mortgage licensing system developed and maintained	30845
by the conference of state bank supervisors and the American	30846
association of residential mortgage regulators, or their successor	30847
entities, for the licensing and registration of loan originators,	30848
or any system established by the secretary of housing and urban	30849
development pursuant to the "Secure and Fair Enforcement for	30850
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	30851

(V) "Nontraditional mortgage product" means any mortgage	30852
product other than a thirty-year fixed rate mortgage.	30853

(W) "Real estate brokerage activity" means any activity that	30854
involves offering or providing real estate brokerage services to	30855
the public, including all of the following:	30856

(1) Acting as a real estate agent or real estate broker for a	30857
buyer, seller, lessor, or lessee of real property;	30858

(2) Bringing together parties interested in the sale,	30859
purchase, lease, rental, or exchange of real property, other than	30860
in connection with providing financing for any such transaction;	30861

(3) Negotiating, on behalf of any party, any portion of a	30862
contract relating to the sale, purchase, lease, rental, or	30863
exchange of real property, other than in connection with providing	30864
financing for any such transaction;	30865

(4) Engaging in any activity for which a person engaged in	30866
that activity is required to be registered or licensed as a real	30867
estate agent or real estate broker under any applicable law;	30868

(5) Offering to engage in any activity, or to act in any	30869
capacity, described in division (W) of this section.	30870

(X) "Residential mortgage loan" means any loan primarily for	30871
personal, family, or household use that is secured by a mortgage	30872
or other equivalent consensual security interest on a dwelling or	30873
on residential real estate upon which is constructed or intended	30874
to be constructed a dwelling. For purposes of this division,	30875
"dwelling" has the same meaning as in section 103 of the "Truth in	30876
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	30877

(Y) "State," in the context of referring to states in	30878
addition to Ohio, means any state of the United States, the	30879
district of Columbia, any territory of the United States, Puerto	30880
Rico, Guam, American Samoa, the trust territory of the Pacific	30881
islands, the virgin islands, and the northern Mariana islands.	30882

(Z) "Unique identifier" means a number or other identifier	30883
that permanently identifies a loan originator and is assigned by	30884
protocols established by the ~~nationwide mortgage licensing system~~	30885
~~and registry~~NMLS or federal banking agencies to facilitate	30886
electronic tracking of loan originators and uniform identification	30887
of, and public access to, the employment history of and the	30888
publicly adjudicated disciplinary and enforcement actions against	30889
loan originators.	30890

Sec. 1322.051. (A) Each person designated under division	30891
(A)(3) of section 1322.03 of the Revised Code to act as operations	30892
manager for a mortgage broker business shall submit to a written	30893
test approved by the superintendent of financial institutions. An	30894
individual shall not be considered to have passed the written test	30895
unless the individual achieves a test score of at least	30896
seventy-five per cent correct answers to all questions.	30897

(B) Each applicant for a loan originator license shall submit	30898
to a written test that is developed and approved by the ~~nationwide~~	30899
~~mortgage licensing system and registry~~NMLS and administered by a	30900
test provider approved by the ~~nationwide mortgage licensing system~~	30901
~~and registry~~NMLS based on reasonable standards.	30902

(1) The test shall adequately measure the applicant's	30903
knowledge and comprehension in appropriate subject areas,	30904
including ethics, federal and state law related to mortgage	30905
origination, fraud, consumer protection, and the nontraditional	30906
mortgage marketplace, and fair lending issues.	30907

(2) An individual shall not be considered to have passed the	30908
written test unless the individual achieves a test score of at	30909
least seventy-five per cent correct answers on all questions ~~and~~	30910
~~at least seventy-five per cent correct answers on all questions~~	30911
~~relating to state mortgage lending laws and the Ohio consumer~~	30912
~~sales practices act, Chapter 1345. of the Revised Code, as it~~	30913
~~applies to registrants and licensees~~.	30914

(3) An individual may retake the test three consecutive times	30915
provided the period between taking the tests is at least thirty	30916
days. If an individual fails three consecutive tests, the	30917
individual shall be required to wait at least six months before	30918
taking the test again.	30919

(4) If a loan originator fails to maintain a valid loan	30920
originator license for a period of five years or longer, the	30921
individual shall be required to retake the test.	30922

For this purpose, any time during which the individual is a	30923
registered loan originator shall not be taken into account.	30924

(C) Notwithstanding division (B) of this section, until the	30925
~~nationwide mortgage licensing system and registry~~NMLS implements	30926
a testing process that meets the criteria set forth in that	30927
division, the superintendent shall require each applicant to pass	30928
a written test acceptable to the superintendent.	30929

Sec. 1327.46. As used in sections 1327.46 to 1327.61 of the	30930
Revised Code:	30931

(A) "Weights and measures" means all weights and measures of	30932
every kind, instruments and devices for weighing and measuring,	30933
and any appliances and accessories associated with any such	30934
instruments and devices, except that "weights and measures" shall	30935
not be construed to include meters for the measurement of	30936
electricity, gas, whether natural or manufactured, or water when	30937
the same are operated in a public utility system. Such	30938
electricity, gas, and water meters, and appliances or accessories	30939
associated therewith, are specifically excluded from the purview	30940
of the weights and measures laws.	30941

(B) "Intrastate commerce" means all commerce or trade that is	30942
begun, carried on, and completed wholly within the limits of this	30943
state, and "introduced into intrastate commerce" defines the time	30944
and place in which the first sale and delivery of a commodity is	30945
made within the state, the delivery being made either directly to	30946
the purchaser or to a common carrier for shipment to the	30947
purchaser.	30948

(C) "Package" means any commodity put up or packaged in any	30949
manner in advance of sale in units suitable for either wholesale	30950
or retail sale.	30951

(D) "Consumer package" means a package that is customarily	30952
produced or distributed for sale through a retail sales agency for	30953
consumption by an individual or use by an individual.	30954

(E) "Weight" as used in connection with any commodity means	30955
net weight.	30956

(F) "Correct" as used in connection with weights and measures	30957
means conformity with all applicable requirements of sections	30958
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	30959
to those sections.	30960

(G) "~~Primary~~Reference standards" means the physical	30961
standards of the state that serve as the legal reference from	30962
which all other standards and weights and measures are derived.	30963

(H) "~~Secondary~~Working standards" means the physical	30964
standards that are traceable to the ~~primary~~reference standards	30965
through comparisons, using acceptable laboratory procedures, and	30966
used in the enforcement of weights and measures laws and rules.	30967

(I) "Sale from bulk" means the sale of commodities when the	30968
quantity is determined at the time of sale.	30969

(J) "Net weight" means the weight of a commodity, excluding	30970
any materials, substances, or items not considered to be a part of	30971
the commodity. Materials, substances, or items not considered to	30972
be part of the commodity include, but are not limited to,	30973
containers, conveyances, bags, wrappers, packaging materials,	30974
labels, individual piece coverings, decorative accompaniments, and	30975
coupons.	30976

(K) "Random weight package" means a package that is one of a	30977
lot, shipment, or delivery of packages of the same commodity with	30978
no fixed pattern of weights.	30979

(L) "Sold" includes keeping, offering, or exposing for sale.

30980

(M) "Commercially used weighing and measuring device" means a	30981
device described in the national institute of standards and	30982
technology handbook 44 or its supplements and revisions and any	30983
other weighing and measuring device designated by rules adopted	30984
under division (C) of section 1327.50 of the Revised Code.	30985
"Commercially used weighing and measuring device" includes, but is	30986
not limited to, a livestock scale, vehicle scale, railway scale,	30987
vehicle tank meter, bulk rack meter, and LPG meter.	30988

(N) "Livestock scale" means a scale equipped with stock racks	30989
and gates that is adapted to weighing livestock standing on the	30990
scale platform.	30991

(O) "Vehicle scale" means a scale that is adapted to weighing	30992
highway, farm, or other large industrial vehicles other than	30993
railroad cars.	30994

(P) "Railway scale" means a rail scale that is designed to	30995
weigh railroad cars.	30996

(Q) "Vehicle tank meter" means a vehicle mounted device that	30997
is designed for the measurement and delivery of liquid products	30998
from a tank.	30999

(R) "Bulk rack meter" means a wholesale device, usually	31000
mounted on a rack, that is designed for the measurement and	31001
delivery of liquid products.	31002

(S) "LPG meter" means a system, including a mechanism or	31003
machine of the meter type, that is designed to measure and deliver	31004
liquefied petroleum gas in the liquid state by a definite quantity	31005
whether installed in a permanent location or mounted on a vehicle.	31006

(T) "Service person" means an individual who installs,	31007
services, repairs, reconditions, or places into service a	31008
commercially used weighing and measuring device for any type of	31009
compensation.	31010

Sec. 1327.48. Weights and measures that are traceable to the	31011
United States prototype standards supplied by the federal	31012
government, or approved as being satisfactory by the national	31013
institute of standards and technology, shall be the state ~~primary~~	31014
reference standards of weights and measures, and shall be	31015
maintained in such calibration as is prescribed by the national	31016
institute of standards and technology. All ~~secondary~~working	31017
standards may be prescribed by the director of agriculture and	31018
shall be verified upon their initial receipt, and as often as	31019
found necessary by the director.	31020

Sec. 1327.50. The director of agriculture shall:

31021

(A) Maintain traceability of the state standards to those of	31022
the ~~national institute of standards and technology~~international	31023
system of units;	31024

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

31025

(C) Issue reasonable rules for the uniform enforcement of	31026
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	31027
have the force and effect of law;	31028

(D) Establish standards of weight, measure, or count,	31029
reasonable standards of fill, and standards for the voluntary	31030
presentation of cost per unit information for any package;	31031

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	31032
the Revised Code, or any rules adopted under those sections, when	31033
appropriate to the maintenance of good commercial practices in the	31034
state;	31035

(F) Conduct investigations to ensure compliance with sections	31036
1327.46 to 1327.61 of the Revised Code;	31037

(G) Delegate to appropriate personnel any of these	31038
responsibilities for the proper administration of the director's	31039
office;	31040

(H) Test as often as is prescribed by rule the standards of	31041
weight and measure used by any municipal corporation or county	31042
within the state, and approve the same when found to be correct;	31043

(I) Inspect and test weights and measures that are sold;

31044

(J) Inspect and test to ascertain if they are correct,	31045
weights and measures commercially used either:	31046

(1) In determining the weight, measure, or count of	31047
commodities or things sold on the basis of weight, measure, or	31048
count;	31049

(2) In computing the basic charge or payment for goods or	31050
services rendered on the basis of weight, measure, or count.	31051

(K) Test all weights and measures used in checking the	31052
receipt or disbursement of supplies in every institution, for the	31053
maintenance of which funds are appropriated by the general	31054
assembly;	31055

(L) Approve for use, and may mark, such weights and measures	31056
as the director finds to be correct, and shall reject and mark as	31057
rejected such weights and measures as the director finds to be	31058
incorrect. Weights and measures that have been rejected may be	31059
seized if not corrected within the time specified or if used or	31060
disposed of in a manner not specifically authorized, and may be	31061
condemned and seized if found to be incorrect and not capable of	31062
being made correct.	31063

(M) Weigh, measure, or inspect packaged commodities that are	31064
sold or in the process of delivery to determine whether they	31065
contain the amounts represented and whether they are sold in	31066
accordance with sections 1327.46 to 1327.61 of the Revised Code or	31067
rules adopted under those sections. In carrying out this section,	31068
the director shall employ recognized sampling procedures, such as	31069
those designated in the national institute of standards and	31070
technology handbook 133 "checking the net contents of packaged	31071
goods."	31072

(N) Prescribe by rule the appropriate term or unit of weight	31073
or measure to be used, whenever the director determines in the	31074
case of a specific commodity that an existing practice of	31075
declaring the quantity by weight, measure, numerical count, or	31076
combination thereof, does not facilitate value comparisons by	31077
consumers, or offers an opportunity for consumer confusion;	31078

(O) Allow reasonable variations from the stated quantity of	31079
contents, which shall include those caused by unavoidable	31080
deviations in good manufacturing practice and by loss or gain of	31081
moisture during the course of good distribution practice, only	31082
after the commodity has entered intrastate commerce;	31083

(P) Provide for the weights and measures training of	31084
inspector personnel and establish minimum training requirements,	31085
which shall be met by all inspector personnel, whether county,	31086
municipal, or state;	31087

(Q) Prescribe the methods of tests and inspections to be	31088
employed in the enforcement of sections 1327.46 to 1327.61 of the	31089
Revised Code. The director may prescribe the official test and	31090
inspection forms to be used.	31091

(R) Provide by rule for ~~voluntary~~ registration with the	31092
director of ~~private~~service persons who are employed by	31093
commercially used weighing and measuring device servicing	31094
agencies~~, and personnel~~;	31095

(S) In conjunction with the national institute of standards	31096
and technology, operate a type evaluation program for	31097
certification of weighing and measuring devices as part of the	31098
national type evaluation program. The director shall establish a	31099
schedule of fees for services rendered by the department of	31100
agriculture for type evaluation services. The director may require	31101
any weighing or measuring instrument or device to be traceable to	31102
a national type evaluation program certificate of conformance	31103
prior to use for commercial or law enforcement purposes.	31104

(T) Verify advertised prices, price representations, and	31105
point-of-sale systems, as necessary, to determine both the	31106
accuracy of prices and computations and the correct use of the	31107
equipment and the accuracy of prices printed or recalled from a	31108
database if a system utilizes scanning or coding in lieu of manual	31109
entry. In order to implement this division, the director shall do	31110
all of the following:	31111

(1) Employ recognized procedures such as those designated in	31112
the national institute of standards and technology handbook 130,	31113
uniform laws and regulations, "examination procedures for price	31114
verification";	31115

(2) Adopt rules establishing requirements governing the	31116
accuracy of advertised prices and point-of-sale systems and	31117
establishing requirements and procedures for the enforcement of	31118
this division;	31119

(3) Conduct necessary inspections.

31120

Sec. 1327.501. (A) No person shall operate in this state a	31121
commercially used weighing and measuring device that provides the	31122
~~final~~ quantity ~~and final~~or cost of a final transaction and for	31123
which a fee is established in division (G) of this section unless	31124
the operator of the device obtains a permit issued by the director	31125
of agriculture or the director's designee.	31126

(B) An application for a permit shall be submitted to the	31127
director on a form that the director prescribes and provides. The	31128
applicant shall include with the application any information that	31129
is specified on the application form as well as the application	31130
fee established in this section.	31131

(C) Upon receipt of a completed application and the required	31132
fee from an applicant, the director or the director's designee	31133
shall issue or deny the permit to operate the commercially used	31134
weighing and measuring device that was the subject of the	31135
application.	31136

(D) A permit issued under this section expires on the	31137
thirtieth day of June of the year following its issuance and may	31138
be renewed annually on or before the first day of July of that	31139
year upon payment of a permit renewal fee established in this	31140
section.	31141

(E) If a permit renewal fee is more than sixty days past due,	31142
the director may assess a late penalty in an amount established	31143
under this section.	31144

(F) The director shall do both of the following:

31145

(1) Establish procedures and requirements governing the	31146
issuance or denial of permits under this section;	31147

(2) Establish late penalties to be assessed for the late	31148
payment of a permit renewal fee and fees for the replacement of	31149
lost or destroyed permits.	31150

(G) An applicant for a permit to operate under this section	31151
shall pay an application fee in the following applicable amount:	31152

(1) Seventy-five dollars for a livestock scale;

31153

(2) Seventy-five dollars for a vehicle scale;

31154

(3) Seventy-five dollars for a railway scale;

31155

(4) Seventy-five dollars for a vehicle tank meter;

31156

(5) Seventy-five dollars for a bulk rack meter;

31157

(6) Seventy-five dollars for aan LPG meter.

31158

A person who is issued a permit under this section and who	31159
seeks to renew that permit shall pay an annual permit renewal fee.	31160
The amount of a permit renewal fee shall be equal to the	31161
application fee for that permit established in this division.	31162

(H) All money collected through the payment of fees and the	31163
imposition of penalties under this section shall be credited to	31164
the metrology and scale certification and device permitting fund	31165
created in section 1327.511 of the Revised Code.	31166

Sec. 1327.502. A service person who is employed by a	31167
commercially used weighing and measuring device servicing agency	31168
shall register with the director of agriculture in accordance with	31169
rules adopted under section 1327.50 of the Revised Code.	31170

Sec. 1327.61. No person shall do any of the following:

31171

(A) Use or have in possession for use in commerce any	31172
incorrect weight or measure;	31173

(B) Wrap, package, label, or advertise any product or service	31174
contrary to this chapter, or any rules adopted under it, or sell,	31175
offer, hold, or expose for sale any service or product wrapped,	31176
packaged, labeled, or offered for sale contrary to this chapter or	31177
any rules adopted under it, or misrepresent the quantity or price	31178
or service contrary to this chapter, or any rules adopted under	31179
it;	31180

(C) Remove any tag, seal, or mark from any weight or measure	31181
without specific written authorization from the proper authority;	31182

(D) Install for use, repair, service, or place into service a	31183
commercially used weighing and measuring device unless the	31184
installation, repair, service, or placement is performed by one of	31185
the following:	31186

(1) A department of agriculture division of weights and	31187
measures inspector;	31188

(2) A service person registered with the department;

31189

(3) A county or municipal weights and measures inspector.

31190

(E) Hinder or obstruct any weights and measures official in	31191
the performance of ~~his~~official duties;	31192

~~(E)~~(F) Sell or offer for use in commerce any incorrect weight	31193
or measure.	31194

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	31195
or division (A), (B), (C), or ~~(D)~~(E) of section 1327.61 of the	31196
Revised Code or a rule adopted under sections 1327.46 to 1327.61	31197
of the Revised Code is guilty of a misdemeanor of the second	31198
degree on a first offense; on each subsequent offense within seven	31199
years after the first offense, ~~such~~the person is guilty of a	31200
misdemeanor of the first degree.	31201

Sec. 1332.26. (A) No political subdivision shall require a	31202
video service provider to obtain from it any authority to provide	31203
video service within its boundaries.	31204

(B) Except as authorized under division (C) of this section	31205
and under sections 1332.30 and 1332.32 of the Revised Code, no	31206
political subdivision shall request anything of value from a video	31207
service provider for providing video service; impose any fee,	31208
license, or gross receipt tax on the provision of video service by	31209
such a provider; or impose any franchise or other requirement on	31210
the provision of video service by a video service provider,	31211
including, but not limited to, any provision regulating rates	31212
charged by a video service provider or establishing any build-out	31213
requirement or requirement to deploy any facility or equipment.	31214

(C) When requested to do so, a video service provider shall	31215
assist a municipal corporation or township in addressing video	31216
service subscriber complaints, in a manner consistent with the	31217
provider's complaint handling process set forth in its application	31218
pursuant to division (A)(7) of section 1332.24 of the Revised	31219
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	31220
affects any authority granted under sections 1345.01 to 1345.13 of	31221
the Revised Code.	31222

(D) A video service provider shall meet all of the following	31223
customer service standards:	31224

(1) The provider shall restore video service within	31225
seventy-two hours after a subscriber reports a service	31226
interruption or other problem if the cause was not a natural	31227
disaster.	31228

(2) Upon a report by a subscriber of a service interruption	31229
and if the interruption is caused by the video service provider	31230
and lasts for more than fours hours in a given day, the provider	31231
shall give the subscriber a credit in the amount of the cost of	31232
each such day's video service as would be billed to the	31233
subscriber.	31234

(3) Upon a report by a subscriber of a service interruption	31235
and if the interruption is not caused by the video service	31236
provider and lasts for more than twenty-four consecutive hours,	31237
the provider shall give the subscriber, for each hour of service	31238
interruption, a credit in the amount of the cost of per hour video	31239
service as would be billed to the subscriber.	31240

(4) The provider shall give a subscriber at least thirty	31241
days' advance, written notice before removing a channel from the	31242
provider's video service, but no such notice is required if the	31243
provider must remove the channel because of circumstances beyond	31244
its control.	31245

(5) The provider shall give a subscriber at least ten days'	31246
advance, written notice of a disconnection of all or part of the	31247
subscriber's video service, except if ~~the disconnection~~any of the	31248
following apply:	31249

(a) Disconnection has been requested by the subscriber,.

31250

(b) Disconnection is necessary to prevent theft of video	31251
service~~, or~~.	31252

(c) Disconnection is necessary to prevent the use of video	31253
service through fraud.	31254

(d) Disconnection is necessary to reduce or prevent signal	31255
leakage as described in 47 C.F.R. 76.611.	31256

(6) The provider shall not establish a due date earlier than	31257
fourteen days after a video service bill is issued.	31258

(7) The provider shall not disconnect all or part of a	31259
subscriber's video service for failure of the subscriber to pay	31260
any amount of its video service bill, until the ~~bill~~amount is at	31261
least ~~forty-five~~fourteen days past due.	31262

~~(7)~~(8) The provider shall give a subscriber at least thirty	31263
days' advance, written notice before instituting an increase in	31264
video service rates.	31265

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	31266
Revised Code:	31267

(A) "Adult" means a person who is eighteen years of age or	31268
older.	31269

(B) "Attending physician" means the physician to whom a	31270
principal or the family of a principal has assigned primary	31271
responsibility for the treatment or care of the principal or, if	31272
the responsibility has not been assigned, the physician who has	31273
accepted that responsibility.	31274

31275

(1) Nutrition when administered to diminish the pain or	31276
discomfort of a principal, but not to postpone death;	31277

(2) Hydration when administered to diminish the pain or	31278
discomfort of a principal, but not to postpone death;	31279

(3) Any other medical or nursing procedure, treatment,	31280
intervention, or other measure that is taken to diminish the pain	31281
or discomfort of a principal, but not to postpone death.	31282

(D) "Consulting physician" means a physician who, in	31283
conjunction with the attending physician of a principal, makes one	31284
or more determinations that are required to be made by the	31285
attending physician, or to be made by the attending physician and	31286
one other physician, by an applicable provision of sections	31287
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	31288
medical certainty and in accordance with reasonable medical	31289
standards.	31290

(E) "Declaration for mental health treatment" has the same	31291
meaning as in section 2135.01 of the Revised Code.	31292

(F) "Guardian" means a person appointed by a probate court	31293
pursuant to Chapter 2111. of the Revised Code to have the care and	31294
management of the person of an incompetent.	31295

(G) "Health care" means any care, treatment, service, or	31296
procedure to maintain, diagnose, or treat an individual's physical	31297
or mental condition or physical or mental health.	31298

(H) "Health care decision" means informed consent, refusal to	31299
give informed consent, or withdrawal of informed consent to health	31300
care.	31301

(I) "Health care facility" means any of the following:

31302

(1) A hospital;

31303

(2) A hospice care program, pediatric respite care program,	31304
or other institution that specializes in comfort care of patients	31305
in a terminal condition or in a permanently unconscious state;	31306

(3) A nursing home;

31307

(4) A home health agency;

31308

(5) An intermediate care facility for ~~the mentally retarded~~	31309
individuals with intellectual disabilities;	31310

(6) A regulated community mental health organization.

31311

(J) "Health care personnel" means physicians, nurses,	31312
physician assistants, emergency medical technicians-basic,	31313
emergency medical technicians-intermediate, emergency medical	31314
technicians-paramedic, medical technicians, dietitians, other	31315
authorized persons acting under the direction of an attending	31316
physician, and administrators of health care facilities.	31317

(K) "Home health agency" has the same meaning as in section	31318
3701.881 of the Revised Code.	31319

(L) "Hospice care program" and "pediatric respite care	31320
program" have the same meanings as in section 3712.01 of the	31321
Revised Code.	31322

(M) "Hospital" has the same meanings as in sections 3701.01,	31323
3727.01, and 5122.01 of the Revised Code.	31324

(N) "Hydration" means fluids that are artificially or	31325
technologically administered.	31326

(O) "Incompetent" has the same meaning as in section 2111.01	31327
of the Revised Code.	31328

(P) "Intermediate care facility for ~~the mentally retarded~~	31329
individuals with intellectual disabilities" has the same meaning	31330
as in section ~~5111.20~~5124.01 of the Revised Code.	31331

(Q) "Life-sustaining treatment" means any medical procedure,	31332
treatment, intervention, or other measure that, when administered	31333
to a principal, will serve principally to prolong the process of	31334
dying.	31335

(R) "Medical claim" has the same meaning as in section	31336
2305.113 of the Revised Code.	31337

(S) "Mental health treatment" has the same meaning as in	31338
section 2135.01 of the Revised Code.	31339

(T) "Nursing home" has the same meaning as in section 3721.01	31340
of the Revised Code.	31341

(U) "Nutrition" means sustenance that is artificially or	31342
technologically administered.	31343

(V) "Permanently unconscious state" means a state of	31344
permanent unconsciousness in a principal that, to a reasonable	31345
degree of medical certainty as determined in accordance with	31346
reasonable medical standards by the principal's attending	31347
physician and one other physician who has examined the principal,	31348
is characterized by both of the following:	31349

(1) Irreversible unawareness of one's being and environment.

31350

(2) Total loss of cerebral cortical functioning, resulting in	31351
the principal having no capacity to experience pain or suffering.	31352

(W) "Person" has the same meaning as in section 1.59 of the	31353
Revised Code and additionally includes political subdivisions and	31354
governmental agencies, boards, commissions, departments,	31355
institutions, offices, and other instrumentalities.	31356

(X) "Physician" means a person who is authorized under	31357
Chapter 4731. of the Revised Code to practice medicine and surgery	31358
or osteopathic medicine and surgery.	31359

(Y) "Political subdivision" and "state" have the same	31360
meanings as in section 2744.01 of the Revised Code.	31361

(Z) "Professional disciplinary action" means action taken by	31362
the board or other entity that regulates the professional conduct	31363
of health care personnel, including the state medical board and	31364
the board of nursing.	31365

(AA) "Regulated community mental health organization" means a	31366
residential facility as defined and licensed under section ~~5119.22~~	31367
5119.34 of the Revised Code or a community mental health ~~agency~~	31368
services provider as defined in section 5122.01 of the Revised	31369
Code.	31370

(BB) "Terminal condition" means an irreversible, incurable,	31371
and untreatable condition caused by disease, illness, or injury	31372
from which, to a reasonable degree of medical certainty as	31373
determined in accordance with reasonable medical standards by a	31374
principal's attending physician and one other physician who has	31375
examined the principal, both of the following apply:	31376

(1) There can be no recovery.

31377

(2) Death is likely to occur within a relatively short time	31378
if life-sustaining treatment is not administered.	31379

(CC) "Tort action" means a civil action for damages for	31380
injury, death, or loss to person or property, other than a civil	31381
action for damages for a breach of contract or another agreement	31382
between persons.	31383

Sec. 1347.08. (A) Every state or local agency that maintains	31384
a personal information system, upon the request and the proper	31385
identification of any person who is the subject of personal	31386
information in the system, shall:	31387

(1) Inform the person of the existence of any personal	31388
information in the system of which the person is the subject;	31389

(2) Except as provided in divisions (C) and (E)(2) of this	31390
section, permit the person, the person's legal guardian, or an	31391
attorney who presents a signed written authorization made by the	31392
person, to inspect all personal information in the system of which	31393
the person is the subject;	31394

(3) Inform the person about the types of uses made of the	31395
personal information, including the identity of any users usually	31396
granted access to the system.	31397

(B) Any person who wishes to exercise a right provided by	31398
this section may be accompanied by another individual of the	31399
person's choice.	31400

(C)(1) A state or local agency, upon request, shall disclose	31401
medical, psychiatric, or psychological information to a person who	31402
is the subject of the information or to the person's legal	31403
guardian, unless a physician, psychiatrist, or psychologist	31404
determines for the agency that the disclosure of the information	31405
is likely to have an adverse effect on the person, in which case	31406
the information shall be released to a physician, psychiatrist, or	31407
psychologist who is designated by the person or by the person's	31408
legal guardian.	31409

(2) Upon the signed written request of either a licensed	31410
attorney at law or a licensed physician designated by the inmate,	31411
together with the signed written request of an inmate of a	31412
correctional institution under the administration of the	31413
department of rehabilitation and correction, the department shall	31414
disclose medical information to the designated attorney or	31415
physician as provided in division (C) of section 5120.21 of the	31416
Revised Code.	31417

(D) If an individual who is authorized to inspect personal	31418
information that is maintained in a personal information system	31419
requests the state or local agency that maintains the system to	31420
provide a copy of any personal information that the individual is	31421
authorized to inspect, the agency shall provide a copy of the	31422
personal information to the individual. Each state and local	31423
agency may establish reasonable fees for the service of copying,	31424
upon request, personal information that is maintained by the	31425
agency.	31426

(E)(1) This section regulates access to personal information	31427
that is maintained in a personal information system by persons who	31428
are the subject of the information, but does not limit the	31429
authority of any person, including a person who is the subject of	31430
personal information maintained in a personal information system,	31431
to inspect or have copied, pursuant to section 149.43 of the	31432
Revised Code, a public record as defined in that section.	31433

(2) This section does not provide a person who is the subject	31434
of personal information maintained in a personal information	31435
system, the person's legal guardian, or an attorney authorized by	31436
the person, with a right to inspect or have copied, or require an	31437
agency that maintains a personal information system to permit the	31438
inspection of or to copy, a confidential law enforcement	31439
investigatory record or trial preparation record, as defined in	31440
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	31441

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

31442

(1) The contents of an adoption file maintained by the	31443
department of health under section 3705.12 of the Revised Code;	31444

(2) Information contained in the putative father registry	31445
established by section 3107.062 of the Revised Code, regardless of	31446
whether the information is held by the department of job and	31447
family services or, pursuant to section 3111.69 of the Revised	31448
Code, the office of child support in the department or a child	31449
support enforcement agency;	31450

(3) Papers, records, and books that pertain to an adoption	31451
and that are subject to inspection in accordance with section	31452
3107.17 of the Revised Code;	31453

(4) Records listed in division (A) of section 3107.42 of the	31454
Revised Code or specified in division (A) of section 3107.52 of	31455
the Revised Code;	31456

(5) Records that identify an individual described in division	31457
(A)(1) of section 3721.031 of the Revised Code, or that would tend	31458
to identify such an individual;	31459

(6) Files and records that have been expunged under division	31460
(D)(1) or (2) of section 3721.23 of the Revised Code;	31461

(7) Records that identify an individual described in division	31462
(A)(1) of section 3721.25 of the Revised Code, or that would tend	31463
to identify such an individual;	31464

(8) Records that identify an individual described in division	31465
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	31466
would tend to identify such an individual;	31467

(9) Test materials, examinations, or evaluation tools used in	31468
an examination for licensure as a nursing home administrator that	31469
the board of ~~examiners~~executives of ~~nursing home administrators~~	31470
long-term services and supports administers under section 4751.04	31471
of the Revised Code or contracts under that section with a private	31472
or government entity to administer;	31473

(10) Information contained in a database established and	31474
maintained pursuant to section 5101.13 of the Revised Code.	31475

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	31476
(C), and (D) of this section, the Ohio facilities construction	31477
commission shall supervise the design and construction of, and	31478
make contracts for the construction, reconstruction, improvement,	31479
enlargement, alteration, repair, or decoration of, any projects or	31480
improvements for the department of natural resources ~~has the~~	31481
~~following powers in addition to its other powers: to prepare, or~~	31482
~~contract to be prepared, surveys, general and detailed plans,~~	31483
~~specifications, bills of materials, and estimates of cost for, to~~	31484
~~enter into contracts for, and to supervise the performance of~~	31485
~~labor, the furnishing of materials, or the construction, repair,~~	31486
~~or maintenance of any projects, improvements, or buildings, on~~	31487
~~lands and waters under the control of the department, as~~that may	31488
be authorized by legislative appropriations or any other funds	31489
available therefor, the estimated cost of which amounts to two	31490
hundred thousand dollars or more or the amount determined pursuant	31491
to section 153.53 of the Revised Code or more.	31492

(B) ~~Except as provided in division (E) of this section, the~~	31493
~~director of natural resources shall publish notice in a newspaper~~	31494
~~of general circulation in the region where the activity for which~~	31495
~~bids are submitted is to occur and in any other newspapers that~~	31496
~~the director determines are appropriate, at least once each week~~	31497
~~for four consecutive weeks, the last publication to be at least~~	31498
~~eight days preceding the day for opening bids, seeking proposals~~	31499
~~on each contract for the performance of labor, the furnishing of~~	31500
~~materials, or the construction, repair, or maintenance of~~	31501
~~projects, improvements, or buildings, as necessary for compliance~~	31502
~~with provisions of the act to make appropriations for capital~~	31503
~~improvements or the act to make general appropriations, and the~~	31504
~~director may also advertise in such trade journals as will afford~~	31505
~~adequate information to the public of the terms of the contract~~	31506
~~and the nature of the work to be performed, together with the time~~	31507
~~of the letting and place and manner of receiving proposals, and~~	31508
~~the places where plans and specifications are on file. A proposal~~	31509
~~is invalid and shall not be considered by the department unless~~	31510
~~the form for proposals specified by the department is used without~~	31511
~~change, alteration, or addition~~The department of natural	31512
resources shall administer the construction of improvements under	31513
an agreement with the supervisors of a soil and water conservation	31514
district pursuant to division (I) of section 1515.08 of the	31515
Revised Code.	31516

(C) ~~Each bidder for a contract for the performance of labor,~~	31517
~~the furnishing of materials, or the maintenance, construction,~~	31518
~~demolition, alteration, repair, or reconstruction of an~~	31519
~~improvement shall meet the requirements of section 153.54 of the~~	31520
~~Revised Code. The director may require each bidder to furnish~~	31521
~~under oath, upon such printed forms as the director may prescribe,~~	31522
~~detailed information with respect to the bidder's financial~~	31523
~~resources, equipment, past performance record, organization~~	31524
~~personnel, and experience, together with such other information as~~	31525
~~the director considers necessary.~~	31526

~~(D) The director shall award the contract to the lowest~~	31527
~~responsive and responsible bidder in accordance with section 9.312~~	31528
~~of the Revised Code. The award shall be made within a reasonable~~	31529
~~time after the date on which the bids were opened, and the~~	31530
~~successful bidder shall enter into a contract within ten days from~~	31531
~~the date the successful bidder is notified that the contract has~~	31532
~~been awarded, or within any longer period that the director~~	31533
~~considers necessary. Nothing in this section shall preclude the~~	31534
~~rejection of any bid the acceptance of which is not in the best~~	31535
~~interests of the state. No contract shall be entered into until~~	31536
~~the bureau of workers' compensation has certified that the~~	31537
~~corporation, partnership, or person awarded the contract has~~	31538
~~complied with Chapter 4123. of the Revised Code and until, if the~~	31539
~~bidder awarded the contract is a foreign corporation, the~~	31540
~~secretary of state has certified that the corporation is~~	31541
~~authorized to do business in this state, and until, if the bidder~~	31542
~~so awarded the contract is a person or partnership nonresident of~~	31543
~~this state, the person or partnership has filed with the secretary~~	31544
~~of state a power of attorney designating the secretary of state as~~	31545
~~its agency for the purpose of accepting service of process.~~	31546

~~(E) With respect to the director's entering into a contract~~	31547
~~for the performance of labor, the furnishing of materials, or the~~	31548
~~construction, repair, or maintenance of any projects,~~	31549
~~improvements, or buildings on lands and waters under the control~~	31550
~~of the department, both of the following apply:~~	31551

~~(1) The director is not required to advertise for and receive~~	31552
~~bids if the total estimated cost of the contract is less than~~	31553
~~twenty-five thousand dollars.~~	31554

~~(2) The director is not required to advertise for bids,~~	31555
~~regardless of the cost of the contract, if the~~(1) The department	31556
of natural resources shall supervise the design and construction	31557
of, and make contracts for the construction, reconstruction,	31558
improvement, enlargement, alteration, repair, or decoration of,	31559
any of the following activities, projects, or improvements:	31560

(a) Dam repairs administered by the division of engineering	31561
under Chapter 1507. of the Revised Code;	31562

(b) Projects or improvements administered by the division of	31563
watercraft and funded through the waterways safety fund	31564
established in section 1547.75 of the Revised Code;	31565

(c) Projects or improvements administered by the division of	31566
wildlife under Chapter 1531. or 1533. of the Revised Code;	31567

(d) Activities conducted by the department pursuant to	31568
section 5511.05 of the Revised Code in order to maintain the	31569
department's roadway inventory.	31570

(2) If a contract to be let under division (C)(1) of this	31571
section involves an exigency that concerns the public health,	31572
safety, or welfare or addresses an emergency situation in which	31573
timeliness is crucial in preventing the cost of the contract from	31574
increasing significantly~~. Regarding such a contract, the director~~	31575
~~may solicit bids by sending a letter to a minimum of three~~	31576
~~contractors in the region where the contract is to be let or by~~	31577
~~any other means that the director considers appropriate.~~	31578

~~(F) The director may insert in any contract awarded under~~	31579
~~this section a clause providing for value engineering change~~	31580
~~proposals, under which a contractor who has been awarded a~~	31581
~~contract may propose a change in the plans and specifications of~~	31582
~~the project that saves the department time or money on the project~~	31583
~~without impairing any of the essential functions and~~	31584
~~characteristics of the project such as service life, reliability,~~	31585
~~economy of operation, ease of maintenance, safety, and necessary~~	31586
~~standardized features. If the director adopts the value~~	31587
~~engineering proposal, the savings from the proposal shall be~~	31588
~~divided between the department and the contractor according to~~	31589
~~guidelines established by the director, provided that the~~	31590
~~contractor shall receive at least fifty per cent of the savings~~	31591
~~from the proposal. The adoption of a value engineering proposal~~	31592
~~does not invalidate the award of the contract or require the~~	31593
~~director to rebid the project.~~	31594

~~(G) When in the opinion of the department the work under any~~	31595
~~contract made under this section or any law of the state is~~	31596
~~neglected by the contractor, the work completed is deficient in~~	31597
~~quality or materials, or the work is not prosecuted with the~~	31598
~~diligence and force specified or intended in the contract, the~~	31599
~~department may require the contractor to provide, at no additional~~	31600
~~expense to the department, any additional labor and materials that~~	31601
~~are necessary to complete the improvements at the level of quality~~	31602
~~and within the time of performance specified in the contract.~~	31603
~~Procedures concerning such a requirement together with its format~~	31604
~~shall be specified in the contract. If the contractor fails to~~	31605
~~comply with the requirement within the period specified in the~~	31606
~~contract, the department may take action to complete the work~~	31607
~~through other means, up to and including termination of the~~	31608
~~contract.~~	31609

~~(H) When an exigency occurs or there is immediate danger of~~	31610
~~an exigency that would materially impair the successful bidding,~~	31611
~~construction, or completion of a project, improvement, or~~	31612
~~building, the director may revise related plans and specifications~~	31613
~~as necessary to address the exigency through the issuance of an~~	31614
~~addendum prior to the opening of bids or, in accordance with~~	31615
~~procedures established in section 153.62 of the Revised Code,~~	31616
~~through the issuance of a change order after the contract has been~~	31617
~~awarded~~, pursuant to the declaration of a public exigency, the	31618
department may award the contract without competitive bidding or	31619
selection as otherwise required by Chapter 153. of the Revised	31620
Code.	31621

(D) The executive director of the Ohio facilities	31622
construction commission may authorize the department of natural	31623
resources to administer any other project or improvement, the	31624
estimated cost of which, including design fees, construction,	31625
equipment, and contingency amounts, is not more than one million	31626
five hundred thousand dollars.	31627

Sec. 1501.45. (A) As used in this section:

31628

(1) "Forfeiture laws" means provisions that are established	31629
in Title XXIX of the Revised Code and that govern the forfeiture	31630
and disposition of certain property that is seized pursuant to a	31631
law enforcement investigation.	31632

(2) "Law enforcement division" means the division of	31633
forestry, the division of natural areas and preserves, the	31634
division of wildlife, the division of parks and recreation, or the	31635
division of watercraft in the department of natural resources.	31636

(3) "Law enforcement fund" means a fund created in this	31637
section.	31638

(B) Except as otherwise provided in this section and	31639
notwithstanding any provision of the Revised Code that is not in	31640
Title XV of the Revised Code to the contrary, the forfeiture laws	31641
apply to a law enforcement division that substantially conducts an	31642
investigation that results in the ordered forfeiture of property	31643
and also apply to the involved forfeiture of property, and the law	31644
enforcement division shall comply with those forfeiture laws.	31645
Accordingly, the portion of the forfeiture laws that authorizes	31646
certain proceeds from forfeited property to be distributed to the	31647
law enforcement agency that substantially conducted the	31648
investigation that resulted in the seizure of the subsequently	31649
forfeited property apply to the law enforcement divisions except	31650
as provided in division (C)(2)(a) of this section. If a law	31651
enforcement division is eligible to receive such proceeds, the	31652
proceeds shall be deposited into the state treasury to the credit	31653
of the applicable law enforcement fund.	31654

(C)(1) There are hereby created in the state treasury ~~the~~	31655
~~division of forestry law enforcement fund, the division of natural~~	31656
~~areas and preserves law enforcement fund,~~ the division of wildlife	31657
law enforcement fund, the division of parks and recreation law	31658
enforcement fund, and the division of watercraft law enforcement	31659
fund. ~~The~~	31660

(2) The funds shall consist of proceeds from forfeited	31661
property that are deposited ~~in accordance with this section. The~~	31662
as follows:	31663

(a) Proceeds from forfeited property resulting from an	31664
investigation conducted by the division of forestry, the division	31665
of natural areas and preserves, or the division of parks and	31666
recreation shall be deposited in the division of parks and	31667
recreation law enforcement fund.	31668

(b) Proceeds from forfeited property resulting from an	31669
investigation conducted by the division of wildlife shall be	31670
deposited in the division of wildlife law enforcement fund.	31671

(c) Proceeds from forfeited property resulting from an	31672
investigation conducted by the division of watercraft shall be	31673
deposited in the division of watercraft law enforcement fund.	31674

(3) The funds shall be used ~~by the applicable law enforcement~~	31675
~~division~~ for law enforcement purposes specified in the forfeiture	31676
laws~~; however, a~~as follows:	31677

(a) Money in the division of parks and recreation law	31678
enforcement fund shall be used by the division of parks and	31679
recreation.	31680

(b) Money in the division of wildlife law enforcement fund	31681
shall be used by the division of wildlife.	31682

(c) Money in the division of watercraft law enforcement fund	31683
shall be used by the division of watercraft.	31684

(4) A law enforcement division shall not use ~~such funds~~its	31685
fund to pay the salaries of its employees or to provide for any	31686
other remuneration of personnel.	31687

(D) If the forfeiture laws conflict with any provisions that	31688
govern forfeitures and that are established in another section of	31689
Title XV of the Revised Code, the provisions established in the	31690
other section of Title XV apply.	31691

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	31692
commission, consisting of the directors of environmental	31693
protection, natural resources, health, agriculture, ~~and~~	31694
transportation, and development services, or their designees, and	31695
five additional members appointed by the governor who shall serve	31696
at the pleasure of the governor. The members of the commission	31697
annually shall designate a chairperson, who shall preside at the	31698
meetings of the commission, and a secretary.	31699

The commission shall hold at least one meeting every three	31700
months. The secretary of the commission shall keep a record of its	31701
proceedings. Special meetings shall be held at the call of the	31702
chairperson or upon the request of four members of the commission.	31703
All meetings and records of the commission shall be open to the	31704
public. Six members of the commission constitute a quorum. The	31705
agencies represented on the commission shall furnish clerical,	31706
technical, and other services required by the commission in the	31707
performance of its duties.	31708

(B) The commission shall do all of the following:

31709

(1) Ensure the coordination of state and local policies and	31710
programs pertaining to Lake Erie water quality, toxic pollution	31711
control, and resource protection;	31712

(2) Review, and make recommendations concerning, the	31713
development and implementation of policies, programs, and issues	31714
for long-term, comprehensive protection of Lake Erie water	31715
resources and water quality that are consistent with the great	31716
lakes water quality agreement and the great lakes toxic substances	31717
control agreement;	31718

(3) Recommend policies and programs to modify the coastal	31719
management program of this state;	31720

(4) At each regular meeting, consider matters relating to the	31721
implementation of sections 1506.22 and 1506.23 of the Revised	31722
Code;	31723

(5) Publish and submit the Lake Erie protection agenda in	31724
accordance with division (C) of section 1506.23 of the Revised	31725
Code;	31726

(6) Ensure the implementation of a basinwide approach to Lake	31727
Erie issues;	31728

(7) Increase representation of the interests of this state in	31729
state, regional, national, and international forums pertaining to	31730
the resources and water quality of Lake Erie and the Lake Erie	31731
basin;	31732

(8) Promote education concerning the wise management of the	31733
resources of Lake Erie;	31734

(9) Establish public advisory councils as considered	31735
necessary to assist in programs established under this section and	31736
sections 1506.22 and 1506.23 of the Revised Code. Members of the	31737
public advisory councils shall represent a broad cross section of	31738
interests, shall have experience or expertise in the subject for	31739
which the advisory council was established, and shall serve	31740
without compensation.	31741

(10) Prepare and submit the report required under division	31742
(D) of section 1506.23 of the Revised Code.	31743

(C) Each state agency, upon the request of the commission,	31744
shall cooperate in the implementation of this section and sections	31745
1506.22 and 1506.23 of the Revised Code.	31746

Sec. 1506.30. As used in sections 1506.30 to 1506.36 of the	31747
Revised Code:	31748

(A) "Abandoned property" means a submerged aircraft; a	31749
submerged watercraft, including a ship, boat, canoe, skiff, raft,	31750
or barge; the rigging, gear, fittings, trappings, and equipment of	31751
a submerged aircraft or watercraft; the personal property of the	31752
officers, crew, and passengers of a submerged aircraft or	31753
watercraft; the cargo of a submerged aircraft or watercraft that	31754
has been deserted, relinquished, cast away, or left behind and for	31755
which attempts at reclamation have been abandoned by the owners	31756
and insurers; and submerged materials resulting from activities of	31757
prehistoric and historic native Americans.	31758

(B) "Lake Erie" means that portion of the waters and lands of	31759
Lake Erie belonging to the state as provided in section 1506.10 of	31760
the Revised Code.	31761

(C) "Historical value" means the quality of significance	31762
exemplified by an object, structure, site, or district that is	31763
included in or eligible for inclusion in ~~the state registry of~~	31764
~~archaeological landmarks authorized under section 149.51 of the~~	31765
~~Revised Code, the state registry of historic landmarks authorized~~	31766
~~under section 149.55 of the Revised Code, or~~ the national register	31767
of historic places.	31768

(D) "Marine surveyor" means a person engaged in the business	31769
of mapping or surveying submerged lands and abandoned property.	31770

(E) "Mechanical or other assistance" means all artificial	31771
devices used to raise or remove artifacts from abandoned property,	31772
including pry bars, wrenches and other hand or power tools,	31773
cutting torches, explosives, winches, flotation bags, lines to	31774
surface, extra divers buoyancy devices, and other buoyancy	31775
devices.	31776

(F) "Recreational value" means value relating to an activity	31777
in which the public engages or may engage for recreation or sport,	31778
including scuba diving and fishing, as determined by the director	31779
of natural resources.	31780

Sec. 1509.01. As used in this chapter:

31781

(A) "Well" means any borehole, whether drilled or bored,	31782
within the state for production, extraction, or injection of any	31783
gas or liquid mineral, excluding potable water to be used as such,	31784
but including natural or artificial brines and oil field waters.	31785

(B) "Oil" means crude petroleum oil and all other	31786
hydrocarbons, regardless of gravity, that are produced in liquid	31787
form by ordinary production methods, but does not include	31788
hydrocarbons that were originally in a gaseous phase in the	31789
reservoir.	31790

(C) "Gas" means all natural gas and all other fluid	31791
hydrocarbons that are not oil, including condensate.	31792

(D) "Condensate" means liquid hydrocarbons separated at or	31793
near the well pad or along the gas production or gathering system	31794
prior to gas processing.	31795

(E) "Pool" means an underground reservoir containing a common	31796
accumulation of oil or gas, or both, but does not include a gas	31797
storage reservoir. Each zone of a geological structure that is	31798
completely separated from any other zone in the same structure may	31799
contain a separate pool.	31800

(F) "Field" means the general area underlaid by one or more	31801
pools.	31802

(G) "Drilling unit" means the minimum acreage on which one	31803
well may be drilled, but does not apply to a well for injecting	31804
gas into or removing gas from a gas storage reservoir.	31805

(H) "Waste" includes all of the following:

31806

(1) Physical waste, as that term generally is understood in	31807
the oil and gas industry;	31808

(2) Inefficient, excessive, or improper use, or the	31809
unnecessary dissipation, of reservoir energy;	31810

(3) Inefficient storing of oil or gas;

31811

(4) Locating, drilling, equipping, operating, or producing an	31812
oil or gas well in a manner that reduces or tends to reduce the	31813
quantity of oil or gas ultimately recoverable under prudent and	31814
proper operations from the pool into which it is drilled or that	31815
causes or tends to cause unnecessary or excessive surface loss or	31816
destruction of oil or gas;	31817

(5) Other underground or surface waste in the production or	31818
storage of oil, gas, or condensate, however caused.	31819

(I) "Correlative rights" means the reasonable opportunity to	31820
every person entitled thereto to recover and receive the oil and	31821
gas in and under the person's tract or tracts, or the equivalent	31822
thereof, without having to drill unnecessary wells or incur other	31823
unnecessary expense.	31824

(J) "Tract" means a single, individually taxed parcel of land	31825
appearing on the tax list.	31826

(K) "Owner," unless referring to a mine, means the person who	31827
has the right to drill on a tract or drilling unit, to drill into	31828
and produce from a pool, and to appropriate the oil or gas	31829
produced therefrom either for the person or for others, except	31830
that a person ceases to be an owner with respect to a well when	31831
the well has been plugged in accordance with applicable rules	31832
adopted and orders issued under this chapter. "Owner" does not	31833
include a person who obtains a lease of the mineral rights for oil	31834
and gas on a parcel of land if the person does not attempt to	31835
produce or produce oil or gas from a well or obtain a permit under	31836
this chapter for a well or if the entire interest of a well is	31837
transferred to the person in accordance with division (B) of	31838
section 1509.31 of the Revised Code.	31839

(L) "Royalty interest" means the fee holder's share in the	31840
production from a well.	31841

(M) "Discovery well" means the first well capable of	31842
producing oil or gas in commercial quantities from a pool.	31843

(N) "Prepared clay" means a clay that is plastic and is	31844
thoroughly saturated with fresh water to a weight and consistency	31845
great enough to settle through saltwater in the well in which it	31846
is to be used, except as otherwise approved by the chief of the	31847
division of oil and gas resources management.	31848

(O) "Rock sediment" means the combined cutting and residue	31849
from drilling sedimentary rocks and formation.	31850

(P) "Excavations and workings," "mine," and "pillar" have the	31851
same meanings as in section 1561.01 of the Revised Code.	31852

(Q) "Coal bearing township" means a township designated as	31853
such by the chief of the division of mineral resources management	31854
under section 1561.06 of the Revised Code.	31855

(R) "Gas storage reservoir" means a continuous area of a	31856
subterranean porous sand or rock stratum or strata into which gas	31857
is or may be injected for the purpose of storing it therein and	31858
removing it therefrom and includes a gas storage reservoir as	31859
defined in section 1571.01 of the Revised Code.	31860

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	31861
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	31862
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	31863
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	31864
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	31865
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	31866
regulations adopted under those acts.	31867

(T) "Person" includes any political subdivision, department,	31868
agency, or instrumentality of this state; the United States and	31869
any department, agency, or instrumentality thereof; and any legal	31870
entity defined as a person under section 1.59 of the Revised Code.	31871

(U) "Brine" means all saline geological formation water	31872
resulting from, obtained from, or produced in connection with	31873
exploration, drilling, well stimulation, production of oil or gas,	31874
or plugging of a well.	31875

(V) "Waters of the state" means all streams, lakes, ponds,	31876
marshes, watercourses, waterways, springs, irrigation systems,	31877
drainage systems, and other bodies of water, surface or	31878
underground, natural or artificial, that are situated wholly or	31879
partially within this state or within its jurisdiction, except	31880
those private waters that do not combine or effect a junction with	31881
natural surface or underground waters.	31882

(W) "Exempt Mississippian well" means a well that meets all	31883
of the following criteria:	31884

(1) Was drilled and completed before January 1, 1980;

31885

(2) Is located in an unglaciated part of the state;

31886

(3) Was completed in a reservoir no deeper than the	31887
Mississippian Big Injun sandstone in areas underlain by	31888
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	31889
sandstone in areas directly underlain by Permian stratigraphy;	31890

(4) Is used primarily to provide oil or gas for domestic use.

31891

(X) "Exempt domestic well" means a well that meets all of the	31892
following criteria:	31893

(1) Is owned by the owner of the surface estate of the tract	31894
on which the well is located;	31895

(2) Is used primarily to provide gas for the owner's domestic	31896
use;	31897

(3) Is located more than two hundred feet horizontal distance	31898
from any inhabited private dwelling house other than an inhabited	31899
private dwelling house located on the tract on which the well is	31900
located;	31901

(4) Is located more than two hundred feet horizontal distance	31902
from any public building that may be used as a place of resort,	31903
assembly, education, entertainment, lodging, trade, manufacture,	31904
repair, storage, traffic, or occupancy by the public.	31905

(Y) "Urbanized area" means an area where a well or production	31906
facilities of a well are located within a municipal corporation or	31907
within a township that has an unincorporated population of more	31908
than five thousand in the most recent federal decennial census	31909
prior to the issuance of the permit for the well or production	31910
facilities.	31911

(Z) "Well stimulation" or "stimulation of a well" means the	31912
process of enhancing well productivity, including hydraulic	31913
fracturing operations.	31914

(AA) "Production operation" means all operations and	31915
activities and all related equipment, facilities, and other	31916
structures that may be used in or associated with the exploration	31917
and production of oil, gas, or other mineral resources that are	31918
regulated under this chapter, including operations and activities	31919
associated with site preparation, site construction, access road	31920
construction, well drilling, well completion, well stimulation,	31921
well site activities, reclamation, and plugging. "Production	31922
operation" also includes all of the following:	31923

(1) The piping, equipment, and facilities used for the	31924
production and preparation of hydrocarbon gas or liquids for	31925
transportation or delivery;	31926

(2) The processes of extraction and recovery, lifting,	31927
stabilization, treatment, separation, production processing,	31928
storage, waste disposal, and measurement of hydrocarbon gas and	31929
liquids, including related equipment and facilities;	31930

(3) The processes and related equipment and facilities	31931
associated with production compression, gas lift, gas injection,	31932
fuel gas supply, well drilling, well stimulation, and well	31933
completion activities, including dikes, pits, and earthen and	31934
other impoundments used for the temporary storage of fluids and	31935
waste substances associated with well drilling, well stimulation,	31936
and well completion activities;	31937

(4) Equipment and facilities at a wellpad or other location	31938
that are used for the transportation, handling, recycling,	31939
temporary storage, management, processing, or treatment of any	31940
equipment, material, and by-products or other substances from an	31941
operation at a wellpad that may be used or reused at the same or	31942
another operation at a wellpad or that will be disposed of in	31943
accordance with applicable laws and rules adopted under them.	31944

(BB) "Annular overpressurization" means the accumulation of	31945
fluids within an annulus with sufficient pressure to allow	31946
migration of annular fluids into underground sources of drinking	31947
water.	31948

(CC) "Idle and orphaned well" means a well for which a bond	31949
has been forfeited or an abandoned well for which no money is	31950
available to plug the well in accordance with this chapter and	31951
rules adopted under it.	31952

(DD) "Temporarily inactive well" means a well that has been	31953
granted temporary inactive status under section 1509.062 of the	31954
Revised Code.	31955

(EE) "Material and substantial violation" means any of the	31956
following:	31957

(1) Failure to obtain a permit to drill, reopen, convert,	31958
plugback, or plug a well under this chapter;	31959

(2) Failure to obtain, maintain, update, or submit proof of	31960
insurance coverage that is required under this chapter;	31961

(3) Failure to obtain, maintain, update, or submit proof of a	31962
surety bond that is required under this chapter;	31963

(4) Failure to plug an abandoned well or idle and orphaned	31964
well unless the well has been granted temporary inactive status	31965
under section 1509.062 of the Revised Code or the chief of the	31966
division of oil and gas resources management has approved another	31967
option concerning the abandoned well or idle and orphaned well;	31968

(5) Failure to restore a disturbed land surface as required	31969
by section 1509.072 of the Revised Code;	31970

(6) Failure to reimburse the oil and gas well fund pursuant	31971
to a final order issued under section 1509.071 of the Revised	31972
Code;	31973

(7) Failure to comply with a final nonappealable order of the	31974
chief issued under section 1509.04 of the Revised Code;	31975

(8) Failure to submit a report, test result, fee, or document	31976
that is required in this chapter or rules adopted under it.	31977

(FF) "Severer" has the same meaning as in section 5749.01 of	31978
the Revised Code.	31979

(GG) "Horizontal well" means a well that is drilled for the	31980
production of oil or gas in which the wellbore reaches a	31981
horizontal or near horizontal position in the Point Pleasant,	31982
Utica, or Marcellus formation and the well is stimulated.	31983

(HH) "Well pad" means the area that is cleared or prepared	31984
for the drilling of one or more horizontal wells.	31985

Sec. 1509.02. There is hereby created in the department of	31986
natural resources the division of oil and gas resources	31987
management, which shall be administered by the chief of the	31988
division of oil and gas resources management. The division has	31989
sole and exclusive authority to regulate the permitting, location,	31990
and spacing of oil and gas wells and production operations within	31991
the state, excepting only those activities regulated under federal	31992
laws for which oversight has been delegated to the environmental	31993
protection agency and activities regulated under sections 6111.02	31994
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	31995
and gas activities is a matter of general statewide interest that	31996
requires uniform statewide regulation, and this chapter and rules	31997
adopted under it constitute a comprehensive plan with respect to	31998
all aspects of the locating, drilling, well stimulation,	31999
completing, and operating of oil and gas wells within this state,	32000
including site construction and restoration, permitting related to	32001
those activities, and the disposal of wastes from those wells. In	32002
order to assist the division in the furtherance of its sole and	32003
exclusive authority as established in this section, the chief may	32004
enter into cooperative agreements with other state agencies for	32005
advice and consultation, including visitations at the surface	32006
location of a well on behalf of the division. Such cooperative	32007
agreements do not confer on other state agencies any authority to	32008
administer or enforce this chapter and rules adopted under it. In	32009
addition, such cooperative agreements shall not be construed to	32010
dilute or diminish the division's sole and exclusive authority as	32011
established in this section. Nothing in this section affects the	32012
authority granted to the director of transportation and local	32013
authorities in section 723.01 or 4513.34 of the Revised Code,	32014
provided that the authority granted under those sections shall not	32015
be exercised in a manner that discriminates against, unfairly	32016
impedes, or obstructs oil and gas activities and operations	32017
regulated under this chapter.	32018

The chief shall not hold any other public office, nor shall	32019
the chief be engaged in any occupation or business that might	32020
interfere with or be inconsistent with the duties as chief.	32021

All moneys collected by the chief pursuant to sections	32022
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	32023
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	32024
of moneys received by the treasurer of state from the tax levied	32025
in divisions (A)(5) and (6) of section 5749.02 of the Revised	32026
Code, all civil penalties paid under section 1509.33 of the	32027
Revised Code, and, notwithstanding any section of the Revised Code	32028
relating to the distribution or crediting of fines for violations	32029
of the Revised Code, all fines imposed under divisions (A) and (B)	32030
of section 1509.99 of the Revised Code and fines imposed under	32031
divisions (C) and (D) of section 1509.99 of the Revised Code for	32032
all violations prosecuted by the attorney general and for	32033
violations prosecuted by prosecuting attorneys that do not involve	32034
the transportation of brine by vehicle shall be deposited into the	32035
state treasury to the credit of the oil and gas well fund, which	32036
is hereby created. Fines imposed under divisions (C) and (D) of	32037
section 1509.99 of the Revised Code for violations prosecuted by	32038
prosecuting attorneys that involve the transportation of brine by	32039
vehicle and penalties associated with a compliance agreement	32040
entered into pursuant to this chapter shall be paid to the county	32041
treasury of the county where the violation occurred.	32042

The fund shall be used solely and exclusively for the	32043
purposes enumerated in division (B) of section 1509.071 of the	32044
Revised Code, for the expenses of the division associated with the	32045
administration of this chapter and Chapter 1571. of the Revised	32046
Code and rules adopted under them, and for expenses that are	32047
critical and necessary for the protection of human health and	32048
safety and the environment related to oil and gas production in	32049
this state. The expenses of the division in excess of the moneys	32050
available in the fund shall be paid from general revenue fund	32051
appropriations to the department.	32052

Sec. 1509.062. (A)(1) The owner of a well that has not been	32053
completed, a well that has not produced within one year after	32054
completion, or an existing well that is not a horizontal well and	32055
that has no reported production for two consecutive reporting	32056
periods as reported in accordance with section 1509.11 of the	32057
Revised Code, or an existing horizontal well that has no reported	32058
production for eight consecutive reporting periods as reported in	32059
accordance with section 1509.11 of the Revised Code shall plug the	32060
well in accordance with section 1509.12 of the Revised Code,	32061
obtain temporary inactive well status for the well in accordance	32062
with this section, or perform another activity regarding the well	32063
that is approved by the chief of the division of oil and gas	32064
resources management.	32065

(2) If a well has a reported annual production that is less	32066
than one hundred thousand cubic feet of natural gas or fifteen	32067
barrels of crude oil, or a combination thereof, the chief may	32068
require the owner of the well to submit an application for	32069
temporary inactive well status under this section for the well.	32070

(B) In order for the owner of a well to submit an application	32071
for temporary inactive well status for the well under this	32072
division, the owner and the well shall be in compliance with this	32073
chapter and rules adopted under it, any terms and conditions of	32074
the permit for the well, and applicable orders issued by the	32075
chief. An application for temporary inactive status for a well	32076
shall be submitted to the chief on a form prescribed and provided	32077
by the chief and shall contain all of the following:	32078

(1) The owner's name and address and, if the owner is a	32079
corporation, the name and address of the corporation's statutory	32080
agent;	32081

(2) The signature of the owner or of the owner's authorized	32082
agent. When an authorized agent signs an application, the	32083
application shall be accompanied by a certified copy of the	32084
appointment as such agent.	32085

(3) The permit number assigned to the well. If the well has	32086
not been assigned a permit number, the chief shall assign a permit	32087
number to the well.	32088

(4) A map, on a scale not smaller than four hundred feet to	32089
the inch, that shows the location of the well and the tank	32090
battery, that includes the latitude and longitude of the well, and	32091
that contains all other data that are required by the chief;	32092

(5) A demonstration that the well is of future utility and	32093
that the applicant has a viable plan to utilize the well within a	32094
reasonable period of time;	32095

(6) A demonstration that the well poses no threat to the	32096
health or safety of persons, property, or the environment;	32097

(7) Any other relevant information that the chief prescribes	32098
by rule.	32099

The chief may waive any of the requirements established in	32100
divisions (B)(1) to (6) of this section if the division of oil and	32101
gas resources management possesses a current copy of the	32102
information or document that is required in the applicable	32103
division.	32104

(C) Upon receipt of an application for temporary inactive	32105
well status, the chief shall review the application and shall	32106
either deny the application by issuing an order or approve the	32107
application. The chief shall approve the application only if the	32108
chief determines that the well that is the subject of the	32109
application poses no threat to the health or safety of persons,	32110
property, or the environment. If the chief approves the	32111
application, the chief shall notify the applicant of the chief's	32112
approval. Upon receipt of the chief's approval, the owner shall	32113
shut in the well and empty all liquids and gases from all storage	32114
tanks, pipelines, and other equipment associated with the well. In	32115
addition, the owner shall maintain the well, other equipment	32116
associated with the well, and the surface location of the well in	32117
a manner that prevents hazards to the health and safety of people	32118
and the environment. The owner shall inspect the well at least	32119
every six months and submit to the chief within fourteen days	32120
after the inspection a record of inspection on a form prescribed	32121
and provided by the chief.	32122

(D) Not later than thirty days prior to the expiration of	32123
temporary inactive well status or a renewal of temporary inactive	32124
well status approved by the chief for a well, the owner of the	32125
well may submit to the chief an application for renewal of the	32126
temporary inactive well status on a form prescribed and provided	32127
by the chief. The application shall include a detailed plan that	32128
describes the ultimate disposition of the well, the time frames	32129
for that disposition, and any other information that the chief	32130
determines is necessary. The chief shall either deny an	32131
application by order or approve the application. If the chief	32132
approves the application, the chief shall notify the owner of the	32133
well of the chief's approval.	32134

(E) An application for temporary inactive well status shall	32135
be accompanied by a nonrefundable fee of one hundred dollars. An	32136
application for a renewal of temporary inactive well status shall	32137
be accompanied by a nonrefundable fee of two hundred fifty dollars	32138
for the first renewal and five hundred dollars for each subsequent	32139
renewal.	32140

(F) After a third renewal, the chief may require an owner to	32141
provide a surety bond in an amount not to exceed ten thousand	32142
dollars for each of the owner's wells that has been approved by	32143
the chief for temporary inactive well status.	32144

(G) Temporary inactive well status approved by the chief	32145
expires one year after the date of approval of the application for	32146
temporary inactive well status or production from the well	32147
commences, whichever occurs sooner. In addition, a renewal of a	32148
temporary inactive well status expires one year after the	32149
expiration date of the initial temporary inactive well status or	32150
one year after the expiration date of the previous renewal of the	32151
temporary inactive well status, as applicable, or production from	32152
the well commences, whichever occurs sooner.	32153

(H) The owner of a well that has been approved by the chief	32154
for temporary inactive well status may commence production from	32155
the well at any time. Not later than sixty days after the	32156
commencement of production from such a well, the owner shall	32157
notify the chief of the commencement of production.	32158

(I) This chapter and rules adopted under it, any terms and	32159
conditions of the permit for a well, and applicable orders issued	32160
by the chief apply to a well that has been approved by the chief	32161
for temporary inactive well status or renewal of that status.	32162

Sec. 1509.074. (A) With regard to material that results from	32163
the construction, operation, or plugging of a horizontal well, all	32164
of the following apply:	32165

(1) Except as provided in division (A)(2) of this section,	32166
the owner shall determine the concentration of radium-226 and of	32167
radium-228 in representative samples of the material if the	32168
material is technologically enhanced naturally occurring	32169
radioactive material. The owner shall provide for the collection	32170
and analysis of the representative samples of the material. The	32171
collection and analysis of the representative samples shall be	32172
performed in accordance with requirements approved by the chief of	32173
the division of oil and gas resources management. The owner shall	32174
not remove the material from the location associated with the	32175
production operation of the horizontal well until the analysis is	32176
complete and the results are available. However, the owner may do	32177
one of the following:	32178

(a) Temporarily store the material in an area adjacent to the	32179
location associated with the production operation of the well	32180
while the results from the analysis of the representative samples	32181
are pending if the material is located in an area that is	32182
designated by the division of oil and gas resources management and	32183
the owner complies with all conditions imposed by the chief;	32184

(b) Prior to the collection of representative samples under	32185
division (A)(1) of this section, transport the material to a	32186
location for which a permit or order has been issued under	32187
division (C) of section 1509.22 of the Revised Code. The owner	32188
shall provide for the collection of representative samples of the	32189
material at that location in accordance with that division and	32190
shall temporarily store the material at that location while the	32191
results from the analysis are pending.	32192

(2) The owner is not required to determine the concentration	32193
of radium-226 and of radium-228 of the material that is	32194
technologically enhanced naturally occurring radioactive material	32195
if any of the following applies:	32196

(a) The material is reused in the horizontal well from where	32197
it originated or is transferred to another site for reuse in a	32198
horizontal well. For purposes of division (A)(2)(a) of this	32199
section, a material is reused if the material is used in a	32200
substantially similar manner as it was originally used.	32201

(b) The owner disposes of the material at an injection well	32202
for which a permit has been issued under section 1509.22 of the	32203
Revised Code.	32204

(c) The owner uses the material in association with a method	32205
of enhanced recovery for which a permit has been issued under	32206
section 1509.21 of the Revised Code.	32207

(d) The material is transported out of the state for lawful	32208
disposal. The owner shall retain records that substantiate the	32209
lawful disposal and provide them to the chief upon request.	32210

(3) Except as provided in division (A)(2) of this section,	32211
the owner shall transport and dispose of material that is	32212
technologically enhanced naturally occurring radioactive material	32213
in accordance with all applicable laws.	32214

(4) If the material is not technologically enhanced naturally	32215
occurring radioactive material and the material has come in	32216
contact with a refined oil-based substance, the owner shall do one	32217
of the following:	32218

(a) If the material is removed from the location associated	32219
with the production operation of the well or from a location	32220
specified in a permit or order issued under division (C) of	32221
section 1509.22 of the Revised Code, dispose of the material at a	32222
solid waste facility that is authorized to accept the material in	32223
accordance with Chapter 3734. of the Revised Code and rules	32224
adopted under it;	32225

(b) If the material is removed from the location associated	32226
with the production operation of the well or from a location	32227
specified in a permit or order issued under division (C) of	32228
section 1509.22 of the Revised Code, beneficially use the material	32229
in accordance with rules adopted by the director of environmental	32230
protection under section 3734.125 of the Revised Code;	32231

(c) If the material is not removed from the location	32232
associated with the production operation of the well, recycle or	32233
reuse the material with the approval of the chief.	32234

(5) If the material is not technologically enhanced naturally	32235
occurring radioactive material and the material has not come in	32236
contact with a refined oil-based substance, the material may be	32237
used at the location associated with the production operation of	32238
the horizontal well or at another location associated with a	32239
production operation.	32240

(B) An owner who has obtained results under division (A)(1)	32241
of this section shall keep and maintain the results for a period	32242
of three years. In addition, the owner shall provide a copy of the	32243
results to the chief upon request.	32244

32245

(1) "Technologically enhanced naturally occurring radioactive	32246
material" has the same meaning as in section 3748.01 of the	32247
Revised Code.	32248

(2) "Owner" includes a person that is an authorized agent of	32249
an owner.	32250

Sec. 1509.10. (A) Any person drilling within the state	32251
shall, within sixty days after the completion of drilling	32252
operations to the proposed total depth or after a determination	32253
that a well is a dry or lost hole, file with the division of oil	32254
and gas resources management all wireline electric logs and an	32255
accurate well completion record on a form that is prescribed by	32256
the chief of the division of oil and gas resources management that	32257
designates:	32258

(1) The purpose for which the well was drilled;

32259

(2) The character, depth, and thickness of geological units	32260
encountered, including coal seams, mineral beds, associated fluids	32261
such as fresh water, brine, and crude oil, natural gas, and sour	32262
gas, if such seams, beds, fluids, or gases are known;	32263

(3) The dates on which drilling operations were commenced and	32264
completed;	32265

(4) The types of drilling tools used and the name of the	32266
person that drilled the well;	32267

(5) The length in feet of the various sizes of casing and	32268
tubing used in drilling the well, the amount removed after	32269
completion, the type and setting depth of each packer, all other	32270
data relating to cementing in the annular space behind such casing	32271
or tubing, and data indicating completion as a dry, gas, oil,	32272
combination oil and gas, brine injection, or artificial brine well	32273
or a stratigraphic test;	32274

(6) The number of perforations in the casing and the	32275
intervals of the perforations;	32276

(7) The elevation above mean sea level of the point from	32277
which the depth measurements were made, stating also the height of	32278
the point above ground level at the well, the total depth of the	32279
well, and the deepest geological unit that was penetrated in the	32280
drilling of the well;	32281

(8) If applicable, the type, volume, and concentration of	32282
acid, and the date on which acid was used in acidizing the well;	32283

(9)(a) If applicable, the trade name and the total amount of	32284
all products, fluids, and substances, and the supplier of each	32285
product, fluid, or substance, not including cement and its	32286
constituents and lost circulation materials, intentionally added	32287
to facilitate the drilling of any portion of the well until the	32288
surface casing is set and properly sealed. The owner shall	32289
identify each additive used and provide a brief description of the	32290
purpose for which the additive is used. In addition, the owner	32291
shall include a list of all chemicals, not including any	32292
information that is designated as a trade secret pursuant to	32293
division (I)(1) of this section, intentionally added to all	32294
products, fluids, or substances and include each chemical's	32295
corresponding chemical abstracts service number and the maximum	32296
concentration of each chemical. The owner shall obtain the	32297
chemical information, not including any information that is	32298
designated as a trade secret pursuant to division (I)(1) of this	32299
section, from the company that drilled the well, provided service	32300
at the well, or supplied the chemicals. If the company that	32301
drilled the well, provided service at the well, or supplied the	32302
chemicals provides incomplete or inaccurate chemical information,	32303
the owner shall make reasonable efforts to obtain the required	32304
information from the company or supplier.	32305

(b) For purposes of division (A)(9)(a) of this section, if	32306
recycled fluid was used, the total volume of recycled fluid and	32307
the well that is the source of the recycled fluid or the	32308
centralized facility that is the source of the recycled fluid.	32309

(10)(a) If applicable, the type and volume of fluid, not	32310
including cement and its constituents or information that is	32311
designated as a trade secret pursuant to division (I)(1) of this	32312
section, used to stimulate the reservoir of the well, the	32313
reservoir breakdown pressure, the method used for the containment	32314
of fluids recovered from the fracturing of the well, the methods	32315
used for the containment of fluids when pulled from the wellbore	32316
from swabbing the well, the average pumping rate of the well, and	32317
the name of the person that performed the well stimulation. In	32318
addition, the owner shall include a copy of the log from the	32319
stimulation of the well, a copy of the invoice for each of the	32320
procedures and methods described in division (A)(10) of this	32321
section that were used on a well, and a copy of the pumping	32322
pressure and rate graphs. However, the owner may redact from the	32323
copy of each invoice that is required to be included under	32324
division (A)(10) of this section the costs of and charges for the	32325
procedures and methods described in division (A)(10) of this	32326
section that were used on a well.	32327

(b) If applicable, the trade name and the total volume of all	32328
products, fluids, and substances, and the supplier of each	32329
product, fluid, or substance used to stimulate the well. The owner	32330
shall identify each additive used, provide a brief description of	32331
the purpose for which the additive is used, and include the	32332
maximum concentration of the additive used. In addition, the owner	32333
shall include a list of all chemicals, not including any	32334
information that is designated as a trade secret pursuant to	32335
division (I)(1) of this section, intentionally added to all	32336
products, fluids, or substances and include each chemical's	32337
corresponding chemical abstracts service number and the maximum	32338
concentration of each chemical. The owner shall obtain the	32339
chemical information, not including any information that is	32340
designated as a trade secret pursuant to division (I)(1) of this	32341
section, from the company that stimulated the well or supplied the	32342
chemicals. If the company that stimulated the well or supplied the	32343
chemicals provides incomplete or inaccurate chemical information,	32344
the owner shall make reasonable efforts to obtain the required	32345
information from the company or supplier.	32346

(c) For purposes of division (A)(10)(b) of this section, if	32347
recycled fluid was used, the total volume of recycled fluid and	32348
the well that is the source of the recycled fluid or the	32349
centralized facility that is the source of the recycled fluid.	32350

(11) The name of the company that performed the logging of	32351
the well and the types of wireline electric logs performed on the	32352
well.	32353

The well completion record shall be submitted in duplicate.	32354
The first copy shall be retained as a permanent record in the	32355
files of the division, and the second copy shall be transmitted by	32356
the chief to the division of geological survey.	32357

(B)(1) Not later than sixty days after the completion of the	32358
drilling operations to the proposed total depth, the owner shall	32359
file all wireline electric logs with the division of oil and gas	32360
resources management and the chief shall transmit such logs	32361
electronically, if available, to the division of geological	32362
survey. Such logs may be retained by the owner for a period of not	32363
more than six months, or such additional time as may be granted by	32364
the chief in writing, after the completion of the well	32365
substantially to the depth shown in the application required by	32366
section 1509.06 of the Revised Code.	32367

(2) If a well is not completed within sixty days after the	32368
completion of drilling operations, the owner shall file with the	32369
division of oil and gas resources management a supplemental well	32370
completion record that includes all of the information required	32371
under this section within sixty days after the completion of the	32372
well.	32373

(3) After a well is initially completed and stimulated and	32374
until the well is plugged, the owner shall report, on a form	32375
prescribed by the chief, all materials placed into the formation	32376
to refracture, restimulate, or newly complete the well. The owner	32377
shall submit the information within sixty days after completing	32378
the refracturing, restimulation, or new completion. In addition,	32379
the owner shall report the information required in divisions	32380
(A)(10)(a) to (c) of this section, as applicable, in a manner	32381
consistent with the requirements established in this section.	32382

(C) Upon request in writing by the chief of the division of	32383
geological survey prior to the beginning of drilling of the well,	32384
the person drilling the well shall make available a complete set	32385
of cuttings accurately identified as to depth.	32386

(D) The form of the well completion record required by this	32387
section shall be one that has been prescribed by the chief of the	32388
division of oil and gas resources management and the chief of the	32389
division of geological survey. The filing of a log as required by	32390
this section fulfills the requirement of filing a log with the	32391
chief of the division of geological survey in section 1505.04 of	32392
the Revised Code.	32393

(E) If a material listed or designated under division (A)(9)	32394
or (10) or (B)(3) of this section is a material for which the	32395
division of oil and gas resources management does not have a	32396
material safety data sheet, the owner shall provide a copy of the	32397
material safety data sheet for the material to the chief.	32398

(F) An owner shall submit to the chief the information that	32399
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	32400
section consistent with the requirements established in this	32401
section using one of the following methods:	32402

(1) On a form prescribed by the chief;

32403

(2) Through the chemical disclosure registry that is	32404
maintained by the ground water protection council and the	32405
interstate oil and gas compact commission;	32406

(3) Any other means approved by the chief.

32407

(G) The chief shall post on the division's web site each	32408
material safety data sheet obtained under division (E) of this	32409
section. In addition, the chief shall make available through the	32410
division's web site the chemical information that is required by	32411
divisions (A)(9) and (10) and (B)(3) of this section.	32412

(H)(1) If a medical professional, in order to assist in the	32413
diagnosis or treatment of an individual who was affected by an	32414
incident associated with the production operations of a well,	32415
requests the exact chemical composition of each product, fluid, or	32416
substance and of each chemical component in a product, fluid, or	32417
substance that is designated as a trade secret pursuant to	32418
division (I) of this section, the person claiming the trade secret	32419
protection pursuant to that division shall provide to the medical	32420
professional the exact chemical composition of the product, fluid,	32421
or substance and of the chemical component in a product, fluid, or	32422
substance that is requested.	32423

(2) A medical professional who receives information pursuant	32424
to division (H)(1) of this section shall keep the information	32425
confidential and shall not disclose the information for any	32426
purpose that is not related to the diagnosis or treatment of an	32427
individual who was affected by an incident associated with the	32428
production operations of a well. Nothing in division (H)(2) of	32429
this section precludes a medical professional from making any	32430
report required by law or professional ethical standards.	32431

(I)(1) The owner of a well who is required to submit a well	32432
completion record under division (A) of this section or a report	32433
under division (B)(3) of this section or a person that provides	32434
information to the owner as described in and for purposes of	32435
division (A)(9) or (10) or (B)(3) of this section may designate	32436
without disclosing on a form prescribed by the chief and withhold	32437
from disclosure to the chief the identity, amount, concentration,	32438
or purpose of a product, fluid, or substance or of a chemical	32439
component in a product, fluid, or substance as a trade secret. The	32440
owner or person may pursue enforcement of any rights or remedies	32441
established in sections 1333.61 to 1333.69 of the Revised Code for	32442
misappropriation, as defined in section 1333.61 of the Revised	32443
Code, with respect to the identity, amount, concentration, or	32444
purpose of a product, fluid, or substance or a chemical component	32445
in a product, fluid, or substance designated as a trade secret	32446
pursuant to division (I)(1) of this section. The division shall	32447
not disclose information regarding the identity, amount,	32448
concentration, or purpose of any product, fluid, or substance or	32449
of any chemical component in a product, fluid, or substance	32450
designated as a trade secret pursuant to division (I)(1) of this	32451
section.	32452

(2) A property owner, an adjacent property owner, or any	32453
person or agency of this state having an interest that is or may	32454
be adversely affected by a product, fluid, or substance or by a	32455
chemical component in a product, fluid, or substance may commence	32456
a civil action in the court of common pleas of Franklin county	32457
against an owner or person described in division (I)(1) of this	32458
section challenging the owner's or person's claim to entitlement	32459
to trade secret protection for the specific identity, amount,	32460
concentration, or purpose of a product, fluid, or substance or of	32461
a chemical component in a product, fluid, or substance pursuant to	32462
division (I)(1) of this section. A person who commences a civil	32463
action pursuant to division (I)(2) of this section shall provide	32464
notice to the chief in a manner prescribed by the chief. In the	32465
civil action, the court shall conduct an in camera review of	32466
information submitted by an owner or person described in division	32467
(I)(1) of this section to determine if the identity, amount,	32468
concentration, or purpose of a product, fluid, or substance or of	32469
a chemical component in a product, fluid, or substance pursuant to	32470
division (I)(1) of this section is entitled to trade secret	32471
protection.	32472

(J)(1) Except for any information that is designated as a	32473
trade secret pursuant to division (I)(1) of this section and	32474
except as provided in division (J)(2) of this section, the owner	32475
of a well shall maintain records of all chemicals placed in a well	32476
for a period of not less than two years after the date on which	32477
each such chemical was placed in the well. The chief may inspect	32478
the records at any time concerning any such chemical.	32479

(2) An owner or person who has designated the identity,	32480
amount, concentration, or purpose of a product, fluid, or	32481
substance or of a chemical component in a product, fluid, or	32482
substance as a trade secret pursuant to division (I)(1) of this	32483
section shall maintain the records for such a product, fluid, or	32484
substance or for a chemical component in a product, fluid, or	32485
substance for a period of not less than two years after the date	32486
on which each such product, fluid, or substance or each such	32487
chemical component in a product, fluid, or substance was placed in	32488
the well. Upon the request of the chief, the owner or person, as	32489
applicable, shall disclose the records to the chief if the	32490
information is necessary to respond to a spill, release, or	32491
investigation. However, the chief shall not disclose the	32492
information that is designated as a trade secret.	32493

(K)(1) For purposes of correcting inaccuracies and	32494
incompleteness in chemical information required by divisions	32495
(A)(9) and (10) and (B)(3) of this section, an owner shall be	32496
considered in substantial compliance if the owner has made	32497
reasonable efforts to obtain the required information from the	32498
supplier.	32499

(2) For purposes of reporting under this section, an owner is	32500
not required to report chemicals that occur incidentally or in	32501
trace amounts.	32502

(L) As used in this section, the term "material safety data	32503
sheet" shall conform to any revision of or change in the term by	32504
the occupational safety and health administration in the United	32505
States department of labor.	32506

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	32507
a horizontal well, that is producing or capable of producing oil	32508
or gas shall file with the chief of the division of oil and gas	32509
resources management, on or before the thirty-first day of March,	32510
a statement of production of oil, gas, and brine for the last	32511
preceding calendar year in such form as the chief may prescribe.	32512
An owner that has more than one hundred such wells in this state	32513
shall submit electronically the statement of production in a	32514
format that is approved by the chief. The chief shall include on	32515
the form, at the minimum, a request for the submittal of the	32516
information that a person who is regulated under this chapter is	32517
required to submit under the "Emergency Planning and Community	32518
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	32519
regulations adopted under it, and that the division of oil and gas	32520
resources management does not obtain through other reporting	32521
mechanisms.	32522

(2) The owner of any horizontal well that is producing or	32523
capable of producing oil or gas shall file with the chief, on the	32524
forty-fifth day following the close of each calendar quarter, a	32525
statement of production of oil, gas, and brine for the preceding	32526
calendar quarter in a form that the chief prescribes. An owner	32527
that has more than one hundred horizontal wells in this state	32528
shall submit electronically the statement of production in a	32529
format that is approved by the chief. The chief shall include on	32530
the form, at a minimum, a request for the submittal of the	32531
information that a person who is regulated under this chapter is	32532
required to submit under the "Emergency Planning and Community	32533
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	32534
regulations adopted under it, and that the division does not	32535
obtain through other reporting mechanisms.	32536

(B) The chief shall not disclose information received from	32537
the department of taxation under division (C)(12) of section	32538
5703.21 of the Revised Code until the related statement of	32539
production required by division (A) of this section is filed with	32540
the chief.	32541

Sec. 1509.16. (A) As used in this section, "oil country	32542
tubular goods" means circular steel pipes that are seamless or	32543
welded and used in drilling for oil or natural gas, including	32544
casing, tubing, and drill pipe, whether finished or unfinished,	32545
and steel couplings and drill collars used with the pipes.	32546

(B) An owner shall file with the division of oil and gas	32547
resources management a disclosure form that specifies the country	32548
in which each oil country tubular good initially used in a	32549
production operation on or after the effective date of this	32550
section was manufactured unless that country cannot be determined	32551
by the owner. The division shall prescribe the disclosure form and	32552
consult with representatives from the natural gas, oil, and steel	32553
industries when developing the form. The division shall use the	32554
information specified on the form to establish a quality well	32555
infrastructure catalog.	32556

(C) The division shall determine the date on which the	32557
disclosure form shall be filed.	32558

Sec. 1509.22. (A) Except when acting in accordance with	32559
section 1509.226 of the Revised Code, no person shall place or	32560
cause to be placed in ground water or in or on the land or	32561
discharge or cause to be discharged in surface water brine, crude	32562
oil, natural gas, or other fluids associated with the exploration	32563
or, development, well stimulation, production operations, or	32564
plugging of oil and gas resources ~~in surface or ground water or in~~	32565
~~or on the land in such quantities or in such manner as actually~~	32566
that causes or could reasonably be anticipated to cause ~~either of~~	32567
~~the following:~~	32568

~~(1) Water used for consumption by humans or domestic animals~~	32569
~~to exceed the standards of the Safe Drinking Water Act;~~	32570

~~(2) Damage~~damage or injury to public health or safety or the	32571
environment.	32572

(B)(1) No person shall store or dispose of brine in violation	32573
of a plan approved under division (A) of section 1509.222 or	32574
section 1509.226 of the Revised Code, in violation of a resolution	32575
submitted under section 1509.226 of the Revised Code, or in	32576
violation of rules or orders applicable to those plans or	32577
resolutions.	32578

(2)(a) On and after January 1, 2014, no person shall store,	32579
recycle, treat, process, or dispose of in this state brine or	32580
other waste substances associated with the exploration,	32581
development, well stimulation, production operations, or plugging	32582
of oil and gas resources without an order or a permit issued under	32583
this section or section 1509.06 or 1509.21 of the Revised Code or	32584
rules adopted under any of those sections. For purposes of	32585
division (B)(2)(a) of this section, a permit or other form of	32586
authorization issued by another agency of the state or a political	32587
subdivision of the state shall not be considered a permit or order	32588
issued by the chief of the division of oil and gas resources	32589
management under this chapter.	32590

(b) Division (B)(2)(a) of this section does not apply to a	32591
person that disposes of such waste substances other than brine in	32592
accordance with Chapter 3734. of the Revised Code and rules	32593
adopted under it.	32594

(C) The chief ~~of the division of oil and gas resources~~	32595
~~management~~ shall adopt rules ~~and issue orders~~ regarding storage,	32596
recycling, treatment, processing, and disposal of brine and other	32597
waste substances~~; however, the~~. The rules shall establish	32598
procedures and requirements in accordance with which a person	32599
shall apply for a permit or order for the storage, recycling,	32600
treatment, processing, or disposal of brine and other waste	32601
substances that are not subject to a permit issued under section	32602
1509.06 or 1509.21 of the Revised Code and in accordance with	32603
which the chief may issue such a permit or order. An application	32604
for such a permit shall be accompanied by a nonrefundable fee of	32605
two thousand five hundred dollars.	32606

The storage, recycling, treatment, processing, and disposal	32607
of brine and other waste substances and the chief's rules relating	32608
to storage, recycling, treatment, processing, and disposal are	32609
subject to all of the following standards:	32610

(1) Brine from any well except an exempt Mississippian well	32611
shall be disposed of only ~~by injection~~as follows:	32612

(a) By injection into an underground formation, including	32613
annular disposal if approved by rule of the chief, which injection	32614
shall be subject to division (D) of this section; by	32615

(b) By surface application in accordance with section	32616
1509.226 of the Revised Code; in	32617

(c) In association with a method of enhanced recovery as	32618
provided in section 1509.21 of the Revised Code; ~~or by~~	32619

(d) In any other ~~methods~~manner not specified in divisions	32620
(C)(1)(a) to (c) of this section that is approved by a permit or	32621
order issued by the chief ~~for testing or implementing a new~~	32622
~~technology or method of disposal~~. ~~Brine~~	32623

(2) Brine from exempt Mississippian wells shall not be	32624
discharged directly into the waters of the state.	32625

~~(2)~~(3) Muds, cuttings, and other waste substances shall not	32626
be disposed of in violation of this chapter or any rule adopted	32627
under it.	32628

~~(3)~~(4) Pits or steel tanks shall be used as authorized by the	32629
chief for containing brine and other waste substances resulting	32630
from, obtained from, or produced in connection with drilling, well	32631
stimulation, reworking, reconditioning, plugging back, or plugging	32632
operations. The pits and steel tanks shall be constructed and	32633
maintained to prevent the escape of brine and other waste	32634
substances.	32635

~~(4)~~(5) A dike or pit may be used for spill prevention and	32636
control. A dike or pit so used shall be constructed and maintained	32637
to prevent the escape of brine and crude oil, and the reservoir	32638
within such a dike or pit shall be kept reasonably free of brine,	32639
crude oil, and other waste substances.	32640

~~(5) Earthen impoundments~~(6) Impoundments constructed	32641
utilizing a synthetic liner pursuant to the division's	32642
specifications may be used for the temporary storage of ~~fluids~~	32643
waste substances used in the construction, stimulation, or	32644
plugging of a well.	32645

~~(6)~~(7) No pit~~, earthen impoundment,~~ or dike shall be used for	32646
the temporary storage of brine or other waste substances except in	32647
accordance with divisions (C)~~(3) to~~(4) and (5) of this section.	32648

~~(7)~~(8) No pit or dike shall be used for the ultimate disposal	32649
of brine or other liquid waste substances.	32650

(D)(1) No person, without first having obtained a permit from	32651
the chief, shall inject brine or other waste substances resulting	32652
from, obtained from, or produced in connection with oil or gas	32653
drilling, exploration, or production into an underground formation	32654
unless a rule of the chief expressly authorizes the injection	32655
without a permit. The permit shall be in addition to any permit	32656
required by section 1509.05 of the Revised Code, and the permit	32657
application shall be accompanied by a permit fee of one thousand	32658
dollars. The chief shall adopt rules in accordance with Chapter	32659
119. of the Revised Code regarding the injection into wells of	32660
brine and other waste substances resulting from, obtained from, or	32661
produced in connection with oil or gas drilling, exploration, or	32662
production. The rules shall include provisions regarding all of	32663
the following:	32664

(a) Applications for and issuance of the permits required by	32665
this division;	32666

(b) Entry to conduct inspections and to examine and copy	32667
records to ascertain compliance with this division and rules,	32668
orders, and terms and conditions of permits adopted or issued	32669
under it;	32670

(c) The provision and maintenance of information through	32671
monitoring, recordkeeping, and reporting. In addition, the rules	32672
shall require the owner of an injection well who has been issued a	32673
permit under division (D) of this section to quarterly submit	32674
electronically to the chief information concerning each shipment	32675
of brine or other waste substances received by the owner for	32676
injection into the well.	32677

(d) The provision and electronic reporting quarterly of	32678
information concerning brine and other waste substances from a	32679
transporter that is registered under section 1509.222 of the	32680
Revised Code prior to the injection of the transported brine or	32681
other waste substances;	32682

(e) Any other provisions in furtherance of the goals of this	32683
section and the Safe Drinking Water Act.	32684

(2) The chief may adopt rules in accordance with Chapter 119.	32685
of the Revised Code authorizing tests to evaluate whether fluids	32686
or carbon dioxide may be injected in a reservoir and to determine	32687
the maximum allowable injection pressure, which shall be conducted	32688
in accordance with methods prescribed in the rules or in	32689
accordance with conditions of the permit. In addition, the chief	32690
may adopt rules that do both of the following:	32691

(a) Establish the total depth of a well for which a permit	32692
has been applied for or issued under this division;	32693

(b) Establish requirements and procedures to protect public	32694
health and safety.	32695

(3) To implement the goals of the Safe Drinking Water Act,	32696
the chief shall not issue a permit for the injection of brine or	32697
other waste substances resulting from, obtained from, or produced	32698
in connection with oil or gas drilling, exploration, or production	32699
unless the chief concludes that the applicant has demonstrated	32700
that the injection will not result in the presence of any	32701
contaminant in ground water that supplies or can reasonably be	32702
expected to supply any public water system, such that the presence	32703
of the contaminant may result in the system's not complying with	32704
any national primary drinking water regulation or may otherwise	32705
adversely affect the health of persons.	32706

(4) The chief may issue an order to the owner of a well in	32707
existence on ~~the effective date of this amendment~~September 10,	32708
2012, to make changes in the operation of the well in order to	32709
correct problems or to address safety concerns.	32710

(5) This division and rules, orders, and terms and conditions	32711
of permits adopted or issued under it shall be construed to be no	32712
more stringent than required for compliance with the Safe Drinking	32713
Water Act unless essential to ensure that underground sources of	32714
drinking water will not be endangered.	32715

(E) The owner holding a permit, or an assignee or transferee	32716
who has assumed the obligations and liabilities imposed by this	32717
chapter and any rules adopted or orders issued under it pursuant	32718
to section 1509.31 of the Revised Code, and the operator of a well	32719
shall be liable for a violation of this section or any rules	32720
adopted or orders or terms or conditions of a permit issued under	32721
it.	32722

(F)(1) An owner shall replace the water supply of the holder	32723
of an interest in real property who obtains all or part of the	32724
holder's supply of water for domestic, agricultural, industrial,	32725
or other legitimate use from an underground or surface source	32726
where the supply has been substantially disrupted by	32727
contamination, diminution, or interruption proximately resulting	32728
from the owner's oil or gas operation, or the owner may elect to	32729
compensate the holder of the interest in real property for the	32730
difference between the fair market value of the interest before	32731
the damage occurred to the water supply and the fair market value	32732
after the damage occurred if the cost of replacing the water	32733
supply exceeds this difference in fair market values. However,	32734
during the pendency of any order issued under this division, the	32735
owner shall obtain for the holder or shall reimburse the holder	32736
for the reasonable cost of obtaining a water supply from the time	32737
of the contamination, diminution, or interruption by the operation	32738
until the owner has complied with an order of the chief for	32739
compliance with this division or such an order has been revoked or	32740
otherwise becomes not effective. If the owner elects to pay the	32741
difference in fair market values, but the owner and the holder	32742
have not agreed on the difference within thirty days after the	32743
chief issues an order for compliance with this division, within	32744
ten days after the expiration of that thirty-day period, the owner	32745
and the chief each shall appoint an appraiser to determine the	32746
difference in fair market values, except that the holder of the	32747
interest in real property may elect to appoint and compensate the	32748
holder's own appraiser, in which case the chief shall not appoint	32749
an appraiser. The two appraisers appointed shall appoint a third	32750
appraiser, and within thirty days after the appointment of the	32751
third appraiser, the three appraisers shall hold a hearing to	32752
determine the difference in fair market values. Within ten days	32753
after the hearing, the appraisers shall make their determination	32754
by majority vote and issue their final determination of the	32755
difference in fair market values. The chief shall accept a	32756
determination of the difference in fair market values made by	32757
agreement of the owner and holder or by appraisers under this	32758
division and shall make and dissolve orders accordingly. This	32759
division does not affect in any way the right of any person to	32760
enforce or protect, under applicable law, the person's interest in	32761
water resources affected by an oil or gas operation.	32762

(2) For purposes of determining contamination of a water	32763
supply under division (F)(1) of this section, the chief shall	32764
review any baseline water supply test data that are available and	32765
may apply the primary drinking water standards established under	32766
the Safe Drinking Water Act.	32767

(G) In any action brought by the state for a violation of	32768
division (A) of this section involving any well at which annular	32769
disposal is used, there shall be a rebuttable presumption	32770
available to the state that the annular disposal caused the	32771
violation if the well is located within a one-quarter-mile radius	32772
of the site of the violation.	32773

(H)(1) There is levied on the owner of an injection well who	32774
has been issued a permit under division (D) of this section the	32775
following fees:	32776

(a) Five cents per barrel of each substance that is delivered	32777
to a well to be injected in the well when the substance is	32778
produced within the division of oil and gas resources management	32779
regulatory district in which the well is located or within an	32780
adjoining oil and gas resources management regulatory district;	32781

(b) Twenty cents per barrel of each substance that is	32782
delivered to a well to be injected in the well when the substance	32783
is not produced within the division of oil and gas resources	32784
management regulatory district in which the well is located or	32785
within an adjoining oil and gas resources management regulatory	32786
district.	32787

(2) The maximum number of barrels of substance per injection	32788
well in a calendar year on which a fee may be levied under	32789
division (H) of this section is five hundred thousand. If in a	32790
calendar year the owner of an injection well receives more than	32791
five hundred thousand barrels of substance to be injected in the	32792
owner's well and if the owner receives at least one substance that	32793
is produced within the division's regulatory district in which the	32794
well is located or within an adjoining regulatory district and at	32795
least one substance that is not produced within the division's	32796
regulatory district in which the well is located or within an	32797
adjoining regulatory district, the fee shall be calculated first	32798
on all of the barrels of substance that are not produced within	32799
the division's regulatory district in which the well is located or	32800
within an adjoining district at the rate established in division	32801
(H)(2) of this section. The fee then shall be calculated on the	32802
barrels of substance that are produced within the division's	32803
regulatory district in which the well is located or within an	32804
adjoining district at the rate established in division (H)(1) of	32805
this section until the maximum number of barrels established in	32806
division (H)(2) of this section has been attained.	32807

(3) The owner of an injection well who is issued a permit	32808
under division (D) of this section shall collect the fee levied by	32809
division (H) of this section on behalf of the division of oil and	32810
gas resources management and forward the fee to the division. The	32811
chief shall transmit all money received under division (H) of this	32812
section to the treasurer of state who shall deposit the money in	32813
the state treasury to the credit of the oil and gas well fund	32814
created in section 1509.02 of the Revised Code. The owner of an	32815
injection well who collects the fee levied by this division may	32816
retain up to three per cent of the amount that is collected.	32817

(4) The chief shall adopt rules in accordance with Chapter	32818
119. of the Revised Code establishing requirements and procedures	32819
for collection of the fee levied by division (H) of this section.	32820

Sec. 1509.226. (A) If a board of county commissioners, a	32821
board of township trustees, or the legislative authority of a	32822
municipal corporation wishes to permit the surface application of	32823
brine to roads, streets, highways, and other similar land surfaces	32824
it owns or has the right to control for control of dust or ice, it	32825
may adopt a resolution permitting such application as provided in	32826
this section. If a board or legislative authority does not adopt	32827
such a resolution, then no such surface application of brine is	32828
permitted on such roads, streets, highways, and other similar	32829
surfaces. If a board or legislative authority votes on a proposed	32830
resolution to permit such surface application of brine, but the	32831
resolution fails to receive the affirmative vote of a majority of	32832
the board or legislative authority, the board or legislative	32833
authority shall not adopt such a resolution for one year following	32834
the date on which the vote was taken. A board or legislative	32835
authority shall hold at least one public hearing on any proposal	32836
to permit surface application of brine under this division and may	32837
hold additional hearings. The board or legislative authority shall	32838
publish notice of the time and place of each such public hearing	32839
in a newspaper of general circulation in the political subdivision	32840
at least five days before the day on which the hearing is to be	32841
held.	32842

(B) If a board or legislative authority adopts a resolution	32843
permitting the surface application of brine to roads, streets,	32844
highways, and other similar land surfaces under division (A) of	32845
this section, the board or legislative authority shall, within	32846
thirty days after the adoption of the resolution, prepare and	32847
submit to the chief of the division of oil and gas resources	32848
management a copy of the resolution. Any department, agency, or	32849
instrumentality of this state or the United States that wishes to	32850
permit the surface application of brine to roads, streets,	32851
highways, and other similar land surfaces it owns or has a right	32852
to control shall prepare and submit guidelines for such	32853
application, but need not adopt a resolution under division (A) of	32854
this section permitting such surface application.	32855

All resolutions and guidelines shall be subject to the	32856
following standards:	32857

(1) Brine shall not be applied:

32858

(a) To a water-saturated surface;

32859

(b) Directly to vegetation near or adjacent to surfaces being	32860
treated;	32861

(c) Within twelve feet of structures crossing bodies of water	32862
or crossing drainage ditches;	32863

(d) Between sundown and sunrise, except for ice control.

32864

(2) The discharge of brine through the spreader bar shall	32865
stop when the application stops.	32866

(3) The applicator vehicle shall be moving at least five	32867
miles per hour at all times while the brine is being applied.	32868

(4) The maximum spreader bar nozzle opening shall be	32869
three-quarters of an inch in diameter.	32870

(5) The maximum uniform application rate of brine shall be	32871
three thousand gallons per mile on a twelve-foot-wide road or	32872
three gallons per sixty square feet on unpaved lots.	32873

(6) The applicator vehicle discharge valve shall be closed	32874
between the brine collection point and the specific surfaces that	32875
have been approved for brine application.	32876

(7) Any valves that provide for tank draining other than	32877
through the spreader bar shall be closed during the brine	32878
application and transport.	32879

(8) The angle of discharge from the applicator vehicle	32880
spreader bar shall not be greater than sixty degrees from the	32881
perpendicular to the unpaved surface.	32882

(9) Only the last twenty-five per cent of an applicator	32883
vehicle's contents shall be allowed to have a pressure greater	32884
than atmospheric pressure; therefore, the first seventy-five per	32885
cent of the applicator vehicle's contents shall be discharged	32886
under atmospheric pressure.	32887

(10) Only brine that is produced from a well that is not a	32888
horizontal well shall be allowed to be spread on a road. Fluids	32889
from the drilling of a well, flowback from the stimulation of a	32890
well, and other fluids used to treat a well shall not be spread on	32891
a road.	32892

If a resolution or guidelines contain only the standards	32893
listed in divisions (B)(1) to (10) of this section, without	32894
addition or qualification, the resolution or guidelines shall be	32895
deemed effective when submitted to the chief without further	32896
action by the chief. All other resolutions and guidelines shall	32897
comply with and be no less stringent than this chapter, rules	32898
concerning surface application that the chief shall adopt under	32899
division (C) of section 1509.22 of the Revised Code, and other	32900
rules of the chief. Within fifteen days after receiving such other	32901
resolutions and guidelines, the chief shall review them for	32902
compliance with the law and rules and disapprove them if they do	32903
not comply.	32904

The board, legislative authority, or department, agency, or	32905
instrumentality may revise and resubmit any resolutions or	32906
guidelines that the chief disapproves after each disapproval, and	32907
the chief shall again review and approve or disapprove them within	32908
fifteen days after receiving them. The board, legislative	32909
authority, or department, agency, or instrumentality may amend any	32910
resolutions or guidelines previously approved by the chief and	32911
submit them, as amended, to the chief. The chief shall receive,	32912
review, and approve or disapprove the amended resolutions or	32913
guidelines on the same basis and in the same time as original	32914
resolutions or guidelines. The board, legislative authority, or	32915
department, agency, or instrumentality shall not implement amended	32916
resolutions or guidelines until they are approved by the chief	32917
under this division.	32918

(C) Any person, other than a political subdivision required	32919
to adopt a resolution under division (A) of this section or a	32920
department, agency, or instrumentality of this state or the United	32921
States, who owns or has a legal right or obligation to maintain a	32922
road, street, highway, or other similar land surface may file with	32923
the board of county commissioners a written plan for the	32924
application of brine to the road, street, highway, or other	32925
surface. The board need not approve any such plans, but if it	32926
approves a plan, the plan shall comply with this chapter, rules	32927
adopted thereunder, and the board's resolutions, if any.	32928
Disapproved plans may be revised and resubmitted for the board's	32929
approval. Approved plans may also be revised and submitted to the	32930
board. A plan or revised plan shall do all of the following:	32931

(1) Identify the sources of brine to be used under the plan;

32932

(2) Identify by name, address, and registration certificate,	32933
if applicable, any transporters of the brine;	32934

(3) Specifically identify the places to which the brine will	32935
be applied;	32936

(4) Specifically describe the method, rate, and frequency of	32937
application.	32938

(D) The board may attach terms and conditions to approval of	32939
a plan, or revised plan, and may revoke approval for any violation	32940
of this chapter, rules adopted thereunder, resolutions adopted by	32941
the board, or terms or conditions attached by the board. The board	32942
shall conduct at least one public hearing before approving a plan	32943
or revised plan, publishing notice of the time and place of each	32944
such public hearing in a newspaper of general circulation in the	32945
county at least five days before the day on which the hearing is	32946
to be held. The board shall record the filings of all plans and	32947
revised plans in its journal. The board shall approve, disapprove,	32948
or revoke approval of a plan or revised plan by the adoption of a	32949
resolution. Upon approval of a plan or revised plan, the board	32950
shall send a copy of the plan to the chief. Upon revoking approval	32951
of a plan or revised plan, the board shall notify the chief of the	32952
revocation.	32953

(E) No person shall:

32954

(1) Apply brine to a water-saturated surface;

32955

(2) Apply brine directly to vegetation adjacent to the	32956
surface of roads, streets, highways, and other surfaces to which	32957
brine may be applied.	32958

(F) Each political subdivision that adopts a resolution under	32959
divisions (A) and (B) of this section, each department, agency, or	32960
instrumentality of this state or the United States that submits	32961
guidelines under division (B) of this section, and each person who	32962
files a plan under divisions (C) and (D) of this section shall, on	32963
or before the fifteenth day of April of each year, file a report	32964
with the chief concerning brine applied within the person's or	32965
governmental entity's jurisdiction, including the quantities	32966
transported and the sources and application points during the last	32967
preceding calendar year and such other information in such form as	32968
the chief requires.	32969

(G) Any political subdivision or department, agency, or	32970
instrumentality of this state or the United States that applies	32971
brine under this section may do so with its own personnel,	32972
vehicles, and equipment without registration under or compliance	32973
with section 1509.222 or 1509.223 of the Revised Code and without	32974
the necessity for filing the surety bond or other security	32975
required by section 1509.225 of the Revised Code. However, each	32976
such entity shall legibly identify vehicles used to apply brine	32977
with reflective paint in letters no less than four inches in	32978
height, indicating the word "brine" and that the vehicle is a	32979
vehicle of the political subdivision, department, agency, or	32980
instrumentality. Except as stated in this division, such entities	32981
shall transport brine in accordance with sections 1509.22 to	32982
1509.226 of the Revised Code.	32983

(H) A surface application plan filed for approval under	32984
division (C) of this section shall be accompanied by a	32985
nonrefundable fee of fifty dollars, which shall be credited to the	32986
general fund of the county. An approved plan is valid for one year	32987
from the date of its approval unless it is revoked before that	32988
time. An approved revised plan is valid for the remainder of the	32989
term of the plan it supersedes unless it is revoked before that	32990
time. Any person who has filed such a plan or revised plan and had	32991
it approved may renew it by refiling it in accordance with	32992
divisions (C) and (D) of this section within thirty days before	32993
any anniversary of the date on which the original plan was	32994
approved. The board shall notify the chief of renewals and	32995
nonrenewals of plans. Even if a renewed plan is approved under	32996
those divisions, the plan is not effective until notice is	32997
received by the chief, and until notice is received, the chief	32998
shall enforce this chapter and rules adopted thereunder with	32999
regard to the affected roads, streets, highways, and other similar	33000
land surfaces as if the plan had not been renewed.	33001

(I) A resolution adopted under division (A) of this section	33002
by a board or legislative authority shall be effective for one	33003
year following the date of its adoption and from month to month	33004
thereafter until the board or legislative authority, by	33005
resolution, terminates the authority granted in the original	33006
resolution. The termination shall be effective not less than seven	33007
days after enactment of the resolution, and a copy of the	33008
resolution shall be sent to the chief.	33009

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	33010
assessment is hereby imposed by this section on an owner. An owner	33011
shall pay the assessment in the same manner as a severer who is	33012
required to file a return under section 5749.06 of the Revised	33013
Code. However, an owner may designate a severer who shall pay the	33014
owner's assessment on behalf of the owner on the return that the	33015
severer is required to file under that section. If a severer so	33016
pays an owner's assessment, the severer may recoup from the owner	33017
the amount of the assessment. Except for an exempt domestic well,	33018
the assessment imposed shall be in addition to the taxes levied on	33019
the severance of oil and gas under section 5749.02 of the Revised	33020
Code.	33021

(B)(1) Except for an exempt domestic well, the oil and gas	33022
regulatory cost recovery assessment shall be calculated on a	33023
quarterly basis and shall be one of the following:	33024

(a) If the sum of ten cents per barrel of oil for all of the	33025
wells of the owner, one-half of one cent per one thousand cubic	33026
feet of natural gas for all of the wells of the owner, and the	33027
amount of the severance tax levied on each severer for all of the	33028
wells of the owner under divisions (A)(5) and (6) of section	33029
5749.02 of the Revised Code, as applicable, is greater than the	33030
sum of fifteen dollars for each well owned by the owner, the	33031
amount of the assessment is the sum of ten cents per barrel of oil	33032
for all of the wells of the owner and one-half of one cent per one	33033
thousand cubic feet of natural gas for all of the wells of the	33034
owner.	33035

(b) If the sum of ten cents per barrel of oil for all of the	33036
wells of the owner, one-half of one cent per one thousand cubic	33037
feet of natural gas for all of the wells of the owner, and the	33038
amount of the severance tax levied on each severer for all of the	33039
wells of the owner under divisions (A)(5) and (6) of section	33040
5749.02 of the Revised Code, as applicable, is less than the sum	33041
of fifteen dollars for each well owned by the owner, the amount of	33042
the assessment is the sum of fifteen dollars for each well owned	33043
by the owner less the amount of the tax levied on each severer for	33044
all of the wells of the owner under divisions (A)(5) and (6) of	33045
section 5749.02 of the Revised Code, as applicable.	33046

(2) The oil and gas regulatory cost recovery assessment for a	33047
well that becomes an exempt domestic well on and after June 30,	33048
2010, shall be sixty dollars to be paid to the division of oil and	33049
gas resources management on the first day of July of each year.	33050

(C) All money collected pursuant to this section shall be	33051
~~deposited in the state treasury to the credit of~~credited to the	33052
severance tax receipts fund. After the director of budget and	33053
management transfers money from the severance tax receipts fund as	33054
required in division (H) of section 5749.06 of the Revised Code,	33055
money in the severance tax receipts fund from amounts collected	33056
pursuant to this section shall be credited to the oil and gas well	33057
fund created in section 1509.02 of the Revised Code.	33058

(D) Except for purposes of revenue distribution as specified	33059
in division (B) of section 5749.02 of the Revised Code, the oil	33060
and gas regulatory cost recovery assessment imposed by this	33061
section shall be treated the same and equivalent for all purposes	33062
as the taxes levied on the severance of oil and gas under that	33063
section. However, the assessment imposed by this section is not a	33064
tax under Chapter 5749. of the Revised Code.	33065

Sec. 1511.02. The chief of the division of soil and water	33066
resources, subject to the approval of the director of natural	33067
resources, shall do all of the following:	33068

(A) Provide administrative leadership to local soil and water	33069
conservation districts in planning, budgeting, staffing, and	33070
administering district programs and the training of district	33071
supervisors and personnel in their duties, responsibilities, and	33072
authorities as prescribed in this chapter and Chapter 1515. of the	33073
Revised Code;	33074

(B) Administer this chapter and Chapter 1515. of the Revised	33075
Code pertaining to state responsibilities and provide staff	33076
assistance to the Ohio soil and water conservation commission in	33077
exercising its statutory responsibilities;	33078

(C) Assist in expediting state responsibilities for watershed	33079
development and other natural resource conservation works of	33080
improvement;	33081

(D) Coordinate the development and implementation of	33082
cooperative programs and working agreements between local soil and	33083
water conservation districts and divisions or sections of the	33084
department of natural resources, or other agencies of local,	33085
state, and federal government;	33086

(E) Subject to the approval of the Ohio soil and water	33087
conservation commission, adopt, amend, or rescind rules pursuant	33088
to Chapter 119. of the Revised Code. Rules adopted pursuant to	33089
this section:	33090

(1) Shall establish technically feasible and economically	33091
reasonable standards to achieve a level of management and	33092
conservation practices in farming or silvicultural operations that	33093
will abate wind or water erosion of the soil or abate the	33094
degradation of the waters of the state by animal waste or by soil	33095
sediment including substances attached thereto, and establish	33096
criteria for determination of the acceptability of such management	33097
and conservation practices;	33098

(2) Shall establish technically feasible and economically	33099
reasonable standards to achieve a level of management and	33100
conservation practices that will abate wind or water erosion of	33101
the soil or abate the degradation of the waters of the state by	33102
soil sediment in conjunction with land grading, excavating,	33103
filling, or other soil-disturbing activities on land used or being	33104
developed for nonfarm commercial, industrial, residential, or	33105
other nonfarm purposes, and establish criteria for determination	33106
of the acceptability of such management and conservation	33107
practices. The standards shall be designed to implement applicable	33108
areawide waste treatment management plans prepared under section	33109
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	33110
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	33111
shall not apply in any municipal corporation or county that adopts	33112
ordinances or rules pertaining to sediment control, nor to lands	33113
being used in a strip mine operation as defined in section 1513.01	33114
of the Revised Code, nor to lands being used in a surface mining	33115
operation as defined in section 1514.01 of the Revised Code.	33116

(3) May recommend criteria and procedures for the approval of	33117
urban sediment pollution abatement plans and issuance of permits	33118
prior to any grading, excavating, filling, or other whole or	33119
partial disturbance of five or more contiguous acres of land owned	33120
by one person or operated as one development unit and require	33121
implementation of such a plan. Areas of less than five contiguous	33122
acres are not exempt from compliance with other provisions of this	33123
chapter and rules adopted under them.	33124

(4) Shall establish procedures for administration of rules	33125
for agricultural pollution abatement and urban sediment pollution	33126
abatement and for enforcement of rules for agricultural pollution	33127
abatement;	33128

(5) Shall specify the pollution abatement practices eligible	33129
for state cost sharing and determine the conditions for	33130
eligibility, the construction standards and specifications, the	33131
useful life, the maintenance requirements, and the limits of cost	33132
sharing for those practices. Eligible practices shall be limited	33133
to practices that address agricultural or silvicultural operations	33134
and that require expenditures that are likely to exceed the	33135
economic returns to the owner or operator and that abate soil	33136
erosion or degradation of the waters of the state by animal waste	33137
or soil sediment including pollutants attached thereto.	33138

(6) Shall establish procedures for administering grants to	33139
owners or operators of agricultural land or concentrated animal	33140
feeding operations for the implementation of operation and	33141
management plans;	33142

(7) Shall establish procedures for administering grants to	33143
soil and water conservation districts for urban sediment pollution	33144
abatement programs, specify the types of projects eligible for	33145
grants, establish limits on the availability of grants, and	33146
establish requirements governing the execution of projects to	33147
encourage the reduction of erosion and sedimentation associated	33148
with soil-disturbing activities;	33149

(8) Shall do all of the following with regard to composting	33150
conducted in conjunction with agricultural operations:	33151

(a) Provide for the distribution of educational material	33152
concerning composting to the offices of ~~the Ohio cooperative~~OSU	33153
extension ~~service~~ for the purposes of section 1511.022 of the	33154
Revised Code;	33155

(b) Establish methods, techniques, or practices for	33156
composting dead animals, or particular types of dead animals, that	33157
are to be used at such operations, as the chief considers to be	33158
necessary or appropriate;	33159

(c) Establish requirements and procedures governing the	33160
review and approval or disapproval of composting plans by the	33161
supervisors of soil and water conservation districts under	33162
division (Q) of section 1515.08 of the Revised Code.	33163

(9) Shall be adopted, amended, or rescinded after the chief	33164
does all of the following:	33165

(a) Mails notice to each statewide organization that the	33166
chief determines represents persons or local governmental agencies	33167
who would be affected by the proposed rule, amendment thereto, or	33168
rescission thereof at least thirty-five days before any public	33169
hearing thereon;	33170

(b) Mails a copy of each proposed rule, amendment thereto, or	33171
rescission thereof to any person who requests a copy, within five	33172
days after receipt of the request;	33173

(c) Consults with appropriate state and local governmental	33174
agencies or their representatives, including statewide	33175
organizations of local governmental officials, industrial	33176
representatives, and other interested persons;	33177

(d) If the rule relates to agricultural pollution abatement,	33178
develops an economic impact statement concerning the effect of the	33179
proposed rule or amendment.	33180

(10) Shall not conflict with air or water quality standards	33181
adopted pursuant to section 3704.03 or 6111.041 of the Revised	33182
Code. Compliance with rules adopted pursuant to this section does	33183
not affect liability for noncompliance with air or water quality	33184
standards adopted pursuant to section 3704.03 or 6111.041 of the	33185
Revised Code. The application of a level of management and	33186
conservation practices recommended under this section to control	33187
windblown soil from farming operations creates a presumption of	33188
compliance with section 3704.03 of the Revised Code as that	33189
section applies to windblown soil.	33190

(11) Insofar as the rules relate to urban sediment pollution,	33191
shall not be applicable in a municipal corporation or county that	33192
adopts ordinances or rules for urban sediment control, except that	33193
a municipal corporation or county that adopts such ordinances or	33194
rules may receive moneys for urban sediment control that are	33195
disbursed by the board of supervisors of the applicable soil and	33196
water conservation district under division (N) of section 1515.08	33197
of the Revised Code. The rules shall not exempt any person from	33198
compliance with municipal ordinances enacted pursuant to Section 3	33199
of Article XVIII, Ohio Constitution.	33200

(F) Cost share with landowners on practices established	33201
pursuant to division (E)(5) of this section as moneys are	33202
appropriated and available for that purpose. Any practice for	33203
which cost share is provided shall be maintained for its useful	33204
life. Failure to maintain a cost share practice for its useful	33205
life shall subject the landowner to full repayment to the	33206
division.	33207

(G) Issue orders requiring compliance with any rule adopted	33208
under division (E)(1) of this section or with section 1511.022 of	33209
the Revised Code. Before the chief issues an order, the chief	33210
shall afford each person allegedly liable an adjudication hearing	33211
under Chapter 119. of the Revised Code. The chief may require in	33212
an order that a person who has caused agricultural pollution by	33213
failure to comply with the standards established under division	33214
(E)(1) of this section operate under an operation and management	33215
plan approved by the chief under this section. The chief shall	33216
require in an order that a person who has failed to comply with	33217
division (A) of section 1511.022 of the Revised Code prepare a	33218
composting plan in accordance with rules adopted under division	33219
(E)(10)(c) of this section and operate in accordance with that	33220
plan or that a person who has failed to operate in accordance with	33221
such a plan begin to operate in accordance with it. Each order	33222
shall be issued in writing and contain a finding by the chief of	33223
the facts upon which the order is based and the standard that is	33224
not being met.	33225

(H) Employ field assistants and such other employees as are	33226
necessary for the performance of the work prescribed by Chapter	33227
1515. of the Revised Code, for performance of work of the	33228
division, and as agreed to under working agreements or contractual	33229
arrangements with local soil and water conservation districts,	33230
prescribe their duties, and fix their compensation in accordance	33231
with such schedules as are provided by law for the compensation of	33232
state employees.	33233

All employees of the division, unless specifically exempted	33234
by law, shall be employed subject to the classified civil service	33235
laws in force at the time of employment.	33236

(I) In connection with new or relocated projects involving	33237
highways, underground cables, pipelines, railroads, and other	33238
improvements affecting soil and water resources, including surface	33239
and subsurface drainage:	33240

(1) Provide engineering service as is mutually agreeable to	33241
the Ohio soil and water conservation commission and the director	33242
to aid in the design and installation of soil and water	33243
conservation practices as a necessary component of such projects;	33244

(2) Maintain close liaison between the owners of lands on	33245
which the projects are executed, local soil and water conservation	33246
districts, and authorities responsible for such projects;	33247

(3) Review plans for such projects to ensure their compliance	33248
with standards developed under division (E) of this section in	33249
cooperation with the department of transportation or with any	33250
other interested agency that is engaged in soil or water	33251
conservation projects in the state in order to minimize adverse	33252
impacts on soil and water resources adjacent to or otherwise	33253
affected by these projects;	33254

(4) Recommend measures to retard erosion and protect soil and	33255
water resources through the installation of water impoundment or	33256
other soil and water conservation practices;	33257

(5) Cooperate with other agencies and subdivisions of the	33258
state to protect the agricultural status of rural lands adjacent	33259
to such projects and control adverse impacts on soil and water	33260
resources.	33261

(J) Collect, analyze, inventory, and interpret all available	33262
information pertaining to the origin, distribution, extent, use,	33263
and conservation of the soil resources of the state;	33264

(K) Prepare and maintain up-to-date reports, maps, and other	33265
materials pertaining to the soil resources of the state and their	33266
use and make that information available to governmental agencies,	33267
public officials, conservation entities, and the public;	33268

(L) Provide soil and water conservation districts with	33269
technical assistance including on-site soil investigations and	33270
soil interpretation reports on the suitability or limitations of	33271
soil to support a particular use or to plan soil conservation	33272
measures. The assistance shall be upon such terms as are mutually	33273
agreeable to the districts and the department of natural	33274
resources.	33275

(M) Assist local government officials in utilizing land use	33276
planning and zoning, current agricultural use value assessment,	33277
development reviews, and land management activities;	33278

(N) When necessary for the purposes of this chapter or	33279
Chapter 1515. of the Revised Code, develop or approve operation	33280
and management plans.	33281

This section does not restrict the excrement of domestic or	33282
farm animals defecated on land outside a concentrated animal	33283
feeding operation or runoff therefrom into the waters of the	33284
state.	33285

Sec. 1511.022. (A) Any person who owns or operates an	33286
agricultural operation, or owns the animals raised by the owner or	33287
operator of an agricultural operation, and who wishes to conduct	33288
composting of dead animals resulting from the agricultural	33289
operation shall do both of the following:	33290

(1) Participate in an educational course concerning	33291
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	33292
and obtain a certificate of completion for the course;	33293

(2) Use the appropriate method, technique, or practice of	33294
composting established in rules adopted under division (E)(8) of	33295
section 1511.02 of the Revised Code.	33296

(B) Any person who fails to comply with division (A) of this	33297
section shall prepare and operate under a composting plan in	33298
accordance with an order issued by the chief of the division of	33299
soil and water resources under division (G) of section 1511.02 of	33300
the Revised Code. If the person's proposed composting plan is	33301
disapproved by the board of supervisors of the appropriate soil	33302
and water conservation district under division (Q)(3) of section	33303
1515.08 of the Revised Code, the person may appeal the plan	33304
disapproval to the chief, who shall afford the person a hearing.	33305
Following the hearing, the chief shall uphold the plan disapproval	33306
or reverse it. If the chief reverses the disapproval, the plan	33307
shall be deemed approved.	33308

Sec. 1519.05. (A) As used in this section, "local political	33309
subdivision" and "nonprofit organization" have the same meanings	33310
as in section 164.20 of the Revised Code.	33311

(B)(1) There is hereby created in the state treasury the	33312
clean Ohio trail fund. Twelve and one-half per cent of the net	33313
proceeds of obligations issued and sold pursuant to sections	33314
151.01 and 151.09 of the Revised Code shall be deposited into the	33315
fund.	33316

(2) Investment earnings of the fund shall be credited to the	33317
fund and may be used to pay costs incurred by the director of	33318
natural resources in administering this section.	33319

(3) Money in the clean Ohio trail fund shall not be used for	33320
the appropriation of land, rights, rights-of-way, franchises,	33321
easements, or other property through the exercise of the right of	33322
eminent domain.	33323

~~The~~(4) Except as provided in division (B)(5) of this	33324
section, the director shall use moneys in the fund exclusively to	33325
provide matching grants to nonprofit organizations and to local	33326
political subdivisions for the purposes of purchasing land or	33327
interests in land for recreational trails and for the construction	33328
of such trails. A matching grant may provide up to seventy-five	33329
per cent of the cost of a recreational trail project, and the	33330
recipient of the matching grant shall provide not less than	33331
twenty-five per cent of that cost.	33332

(5) The director, at the director's discretion, may use up to	33333
twenty-five per cent of moneys in the fund to provide grants to	33334
nonprofit organizations and to local political subdivisions for	33335
the purpose of maintaining recreational trails.	33336

(C) The director shall establish policies for the purposes of	33337
this section. The policies shall establish all of the following:	33338

(1) Procedures for providing matching grants to nonprofit	33339
organizations and local political subdivisions for the purposes of	33340
purchasing land or interests in land for recreational trails and	33341
for the construction of such trails, including, without	33342
limitation, procedures for both of the following:	33343

(a) Developing a grant application form and soliciting,	33344
accepting, and approving grant applications;	33345

(b) Participation by nonprofit organizations and local	33346
political subdivisions in the application process.	33347

(2) A requirement that an application for a matching grant	33348
for a recreational trail project include a copy of a resolution	33349
supporting the project from each county in which the proposed	33350
project is to be conducted and whichever of the following is	33351
applicable:	33352

(a) If the proposed project is to be conducted wholly within	33353
the geographical boundaries of one township, a copy of a	33354
resolution supporting the project from the township;	33355

(b) If the proposed project is to be conducted wholly within	33356
the geographical boundaries of one municipal corporation, a copy	33357
of a resolution supporting the project from the municipal	33358
corporation;	33359

(c) If the proposed project is to be conducted in more than	33360
one, but fewer than five townships or municipal corporations, a	33361
copy of a resolution supporting the project from at least one-half	33362
of the total number of townships and municipal corporations in	33363
which the proposed project is to be conducted;	33364

(d) If the proposed project is to be conducted in five or	33365
more municipal corporations, a copy of a resolution supporting the	33366
project from at least three-fifths of the total number of	33367
townships and municipal corporations in which the proposed project	33368
is to be conducted.	33369

(3) Eligibility criteria that must be satisfied by an	33370
applicant in order to receive a matching grant and that emphasize	33371
the following:	33372

(a) Synchronization with the statewide trail plan;

33373

(b) Complete regional systems and links to the statewide	33374
trail system;	33375

33376

(d) The provision of links in urban areas that support	33377
commuter access and show economic impact on local communities;	33378

(e) The linkage of population centers with public outdoor	33379
recreation areas and facilities;	33380

(f) The purchase of rail lines that are linked to the	33381
statewide trail plan;	33382

(g) The preservation of natural corridors.

33383

(4) Items of value, such as in-kind contributions of land,	33384
easements or other interests in land, labor, or materials, that	33385
may be considered as contributing toward the percentage of the	33386
cost of a recreational trails project that must be provided by a	33387
matching grant recipient;	33388

(5) A requirement that an application for a matching grant	33389
for a recreational trail project include a study on the current	33390
use of existing trails in the county in which the proposed project	33391
will be located if there is an existing trail in that county. The	33392
study shall include a report on the maintenance needs and a plan	33393
for use of the proposed project.	33394

(6) Procedures for providing grants to nonprofit	33395
organizations and local political subdivisions for the purpose of	33396
maintaining recreational trails, including, without limitation,	33397
procedures for both of the following:	33398

(a) Developing a grant application form and soliciting,	33399
accepting, and approving grant applications;	33400

(b) Participation by nonprofit organizations and local	33401
political subdivisions in the application process.	33402

(7) Eligibility criteria that must be satisfied by an	33403
applicant in order to receive a grant for the purpose of	33404
maintaining recreational trails.	33405

Sec. 1531.06. (A) The chief of the division of wildlife,	33406
with the approval of the director of natural resources, may	33407
acquire by gift, lease, purchase, or otherwise lands or surface	33408
rights upon lands and waters or surface rights upon waters for	33409
wild animals, fish or game management, preservation, propagation,	33410
and protection, outdoor and nature activities, public fishing and	33411
hunting grounds, and flora and fauna preservation. The chief, with	33412
the approval of the director, may receive by grant, devise,	33413
bequest, donation, or assignment evidences of indebtedness, the	33414
proceeds of which are to be used for the purchase of such lands or	33415
surface rights upon lands and waters or surface rights upon	33416
waters.	33417

(B)(1) The chief shall adopt rules for the protection of	33418
state-owned or leased lands and waters and property under the	33419
control of the division of wildlife against wrongful use or	33420
occupancy that will ensure the carrying out of the intent of this	33421
section, protect those lands, waters, and property from	33422
depredations, and preserve them from molestation, spoilation,	33423
destruction, or any improper use or occupancy thereof, including	33424
rules with respect to recreational activities and for the	33425
government and use of such lands, waters, and property.	33426

(2) The chief may adopt rules benefiting wild animals, fish	33427
or game management, preservation, propagation, and protection,	33428
outdoor and nature activities, public fishing and hunting grounds,	33429
and flora and fauna preservation, and regulating the taking and	33430
possession of wild animals on any lands or waters owned or leased	33431
or under the division's supervision and control and, for a	33432
specified period of years, may prohibit or recall the taking and	33433
possession of any wild animal on any portion of such lands or	33434
waters. The division clearly shall define and mark the boundaries	33435
of the lands and waters owned or leased or under its supervision	33436
and control upon which the taking of any wild animal is	33437
prohibited.	33438

(C) The chief, with the approval of the director, may acquire	33439
by gift, lease, or purchase land for the purpose of establishing	33440
state fish hatcheries and game farms and may erect on it buildings	33441
or structures that are necessary.	33442

The title to or lease of such lands and waters shall be taken	33443
by the chief in the name of the state. The lease or purchase price	33444
of all such lands and waters may be paid from hunting and trapping	33445
and fishing licenses and any other funds.	33446

(D) To provide more public recreation, stream and lake	33447
agreements for public fishing only may be obtained under rules	33448
adopted by the chief.	33449

(E) The chief, with the approval of the director, may	33450
establish user fees for the use of special public facilities or	33451
participation in special activities on lands and waters	33452
administered by the division. The special facilities and	33453
activities may include hunting or fishing on special designated	33454
public lands and waters intensively managed or stocked with	33455
artificially propagated game birds or fish, field trial	33456
facilities, wildlife nature centers, firearm ranges, boat mooring	33457
facilities, camping sites, and other similar special facilities	33458
and activities. The chief shall determine whether the user fees	33459
are refundable and shall ensure that that information is provided	33460
at the time the user fees are paid.	33461

(F) The chief, with the approval of the director, may enter	33462
into lease agreements for rental of concessions or other special	33463
projects situated on state-owned or leased lands or waters or	33464
other property under the division's control. The chief shall set	33465
and collect the fees for concession rentals or other special	33466
projects; regulate through contracts between the division and	33467
concessionaires the sale of tangible objects at concessions or	33468
other special projects; and keep a record of all such fee payments	33469
showing the amount received, from whom received, and for what	33470
purpose the fee was collected.	33471

(G) The chief may sell or donate conservation-related items	33472
or items that promote wildlife conservation, including, but not	33473
limited to, stamps, pins, badges, books, bulletins, maps,	33474
publications, calendars, and any other educational article or	33475
artifact pertaining to wild animals; sell confiscated or forfeited	33476
items; and sell surplus structures and equipment, and timber or	33477
crops from lands owned, administered, leased, or controlled by the	33478
division. The chief, with the approval of the director, also may	33479
engage in campaigns and special events that promote wildlife	33480
conservation by selling or donating wildlife-related materials,	33481
memberships, and other items of promotional value.	33482

(H) The chief may sell, lease, or transfer minerals or	33483
mineral rights, with the approval of the director, when the chief	33484
and the director determine it to be in the best interest of the	33485
state. Upon approval of the director, the chief may make, execute,	33486
and deliver contracts, including leases, to mine, drill, or	33487
excavate iron ore, stone, coal, salt, and other minerals, other	33488
than oil or gas, upon and under lands owned by the state and	33489
administered by the division to any person who complies with the	33490
terms of such a contract. No such contract shall be valid for more	33491
than fifty years from its effective date. Consideration for	33492
minerals and mineral rights shall be by rental or royalty basis as	33493
prescribed by the chief and payable as prescribed by contract.	33494
Moneys collected under this division shall be paid into the state	33495
treasury to the credit of the wildlife habitat fund created in	33496
section 1531.33 of the Revised Code. Contracts entered into under	33497
this division also may provide for consideration for minerals or	33498
mineral rights in the form of acquisition of lands as provided	33499
under divisions (A) and (C) of this section.	33500

(I) All moneys received under divisions (E), (F), and (G) of	33501
this section shall be paid into the state treasury to the credit	33502
of a fund that shall be used for the purposes outlined in section	33503
1533.15 of the Revised Code and for the management of other wild	33504
animals for their ecological and nonconsumptive recreational value	33505
or benefit.	33506

(J) The chief, with the approval of the director, may barter	33507
or sell wild animals to other states, state or federal agencies,	33508
and conservation or zoological organizations. Moneys received from	33509
the sale of wild animals shall be deposited into the ~~wild animal~~	33510
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	33511
Code.	33512

(K) The chief shall adopt rules establishing standards and	33513
guidelines for the administration of contraceptive chemicals to	33514
noncaptive wild animals. The rules may specify chemical delivery	33515
methods and devices and monitoring requirements.	33516

The chief shall establish criteria for the issuance of and	33517
shall issue permits for the administration of contraceptive	33518
chemicals to noncaptive wild animals. No person shall administer	33519
contraceptive chemicals to noncaptive wild animals without a	33520
permit issued by the chief.	33521

(L) All fees set by the chief under this section shall be	33522
approved by the wildlife council.	33523

(M) Information contained in the wildlife diversity database	33524
that is established pursuant to division (B)(2) of this section	33525
and section 1531.25 of the Revised Code may be made available to	33526
any individual or public or private agency for research,	33527
educational, environmental, land management, or other similar	33528
purposes that are not detrimental to the conservation of a species	33529
or feature. Information regarding sensitive site locations of	33530
species that are listed pursuant to section 1531.25 of the Revised	33531
Code and of features that are included in the wildlife diversity	33532
database is not subject to section 149.43 of the Revised Code if	33533
the chief determines that the release of the information could be	33534
detrimental to the conservation of a species or feature.	33535

Sec. 1531.17. All fines, penalties, and forfeitures arising	33536
from prosecutions, convictions, confiscations, or otherwise under	33537
this chapter and Chapters 1517. and 1533. of the Revised Code,	33538
unless otherwise directed by the director of natural resources,	33539
shall be paid by the officer by whom collected to the director and	33540
by ~~him~~the director paid into the state treasury to the credit of	33541
the wildlife fund, which is hereby created, for the use of the	33542
division of wildlife. All moneys received from the sale of wild	33543
animals under division (J) of section 1531.06 shall be paid into	33544
the state treasury to the credit of the wildlife fund for the use	33545
of the division. All moneys collected as license fees on nets in	33546
the Lake Erie fishing district shall be paid by the director into	33547
the state treasury to the credit of the wildlife fund for use only	33548
in the betterment and the propagation of fish therein or in	33549
otherwise propagating fish in such district. All investment	33550
earnings of the fund shall be credited to the fund. The wildlife	33551
fund shall not be used for compensation of personnel employed by	33552
other divisions of the department of natural resources who are	33553
assigned to law enforcement duties in aid of the division of	33554
wildlife or for compensation of division of wildlife personnel for	33555
activities related to the instruction of personnel of other	33556
divisions.	33557

Sec. 1541.50. (A) There is hereby created the state	33558
recreational vehicle fund advisory board consisting of nine	33559
members. Not later than sixty days after the effective date of	33560
this section, the director of natural resources shall appoint all	33561
of the following members to the board:	33562

(1) Two members shall represent snowmobile users;

33563

(2) Two members shall represent all-purpose vehicle users;

33564

(3) Two members shall represent off-highway motorcycle users;

33565

(4) One member shall represent full-size four wheel drive	33566
users;	33567

(5) Two members shall represent power sport dealers.

33568

Of the initial appointments to the board, three shall serve	33569
for a one-year term, three shall serve for a two-year term, and	33570
three shall serve for a three-year term. Thereafter, terms of	33571
office shall be for three years, with each term ending on the same	33572
day of the same month as did the term that it succeeds. Each	33573
member shall hold office from the date of appointment until the	33574
end of the term for which the member was appointed.	33575

(B) Members may be reappointed. Any member appointed to fill	33576
a vacancy occurring prior to the expiration date of the term for	33577
which the member was appointed shall serve for the remainder of	33578
that term. A member shall continue to serve subsequent to the	33579
expiration date of the member's term until the member's successor	33580
takes office or until a period of sixty days has elapsed,	33581
whichever occurs first.	33582

(C) The state recreational vehicle fund advisory board shall	33583
advise with and make recommendations to the department of natural	33584
resources regarding the use of state recreational vehicle fund	33585
money and the department shall give primary consideration to the	33586
board's advice and recommendations.	33587

(D) Serving as a member of the board does not constitute	33588
holding a public office or position of employment under the laws	33589
of this state and does not constitute grounds for removal of	33590
public officers or employees from their offices or positions of	33591
employment.	33592

(E) A board member shall be reimbursed for actual and	33593
necessary expenses incurred in the discharge of duties as a board	33594
member.	33595

Sec. 1545.071. ~~The following applies until the department of~~	33596
~~administrative services implements for park districts the health~~	33597
~~care plans under section 9.901 of the Revised Code. If those plans~~	33598
~~do not include or address any benefits listed in this section, the~~	33599
~~following provisions continue in effect for those benefits.~~	33600

The board of park commissioners of any park district may	33601
procure and pay all or any part of the cost of group insurance	33602
policies that may provide benefits for hospitalization, surgical	33603
care, major medical care, disability, dental care, eye care,	33604
medical care, hearing aids, or prescription drugs, or sickness and	33605
accident insurance or a combination of any of the foregoing types	33606
of insurance or coverage for park district officers and employees	33607
and their immediate dependents issued by an insurance company duly	33608
authorized to do business in this state.	33609

The board may procure and pay all or any part of the cost of	33610
group life insurance to insure the lives of park district	33611
employees.	33612

The board also may contract for group health care services	33613
with health insuring corporations holding a certificate of	33614
authority under Chapter 1751. of the Revised Code provided that	33615
each officer or employee is permitted to:	33616

(A) Choose between a plan offered by an insurance company and	33617
a plan offered by a health insuring corporation and provided	33618
further that the officer or employee pays any amount by which the	33619
cost of the plan chosen by the officer or employee exceeds the	33620
cost of the plan offered by the board under this section;	33621

(B) Change the choice made under division (A) of this section	33622
at a time each year as determined in advance by the board.	33623

Any appointed member of the board of park commissioners and	33624
the spouse and dependent children of the member may be covered, at	33625
the option and expense of the member, as a noncompensated employee	33626
of the park district under any benefit plan described in division	33627
(A) of this section. The member shall pay to the park district the	33628
amount certified to it by the benefit provider as the provider's	33629
charge for the coverage the member has chosen under division (A)	33630
of this section. Payments for coverage shall be made, in advance,	33631
in a manner prescribed by the board. The member's exercise of an	33632
option to be covered under this section shall be in writing,	33633
announced at a regular public meeting of the board, and recorded	33634
as a public record in the minutes of the board.	33635

The board may provide the benefits authorized in this section	33636
by contributing to a health and welfare trust fund administered	33637
through or in conjunction with a collective bargaining	33638
representative of the park district employees.	33639

The board may provide the benefits described in this section	33640
through an individual self-insurance program or a joint	33641
self-insurance program as provided in section 9.833 of the Revised	33642
Code.	33643

Sec. 1545.23. If a park district enters into an agreement	33644
for the sale or lease of mineral rights regarding a park within	33645
the district, any royalties or other moneys resulting from the	33646
sale or lease shall be deposited into a special fund that the	33647
board of park commissioners shall create. The fund shall be used	33648
exclusively for maintenance of parks within the district and for	33649
the acquisition of new park lands.	33650

Sec. 1547.05. NoExcept as provided in division (A)(2) of	33651
section 1547.052 of the Revised Code, no person ~~born on or after~~	33652
~~January 1, 1982,~~under eighteen years of age shall operate on the	33653
waters in this state a powercraft powered by more than ten	33654
horsepower, and no person shall supervise a person under division	33655
(A) of section 1547.06 of the Revised Code, unless the operator or	33656
supervisor successfully has completed either a safe boater course	33657
approved by the national association of state boating law	33658
administrators or a proctored or nonproctored proficiency	33659
examination that tests knowledge of information included in the	33660
curriculum of such a course, and has received a certificate as	33661
evidence of successful completion of the course or examination.	33662

No person shall permit a powercraft to be operated on the	33663
waters in this state in violation of this section.	33664

Sec. 1547.051. A person ~~born on or after January 1, 1982,~~	33665
under eighteen years of age who is operating on the waters in this	33666
state a powercraft powered by more than ten horsepower or a person	33667
who is supervising a person under division (A) of section 1547.06	33668
of the Revised Code and who is stopped by a law enforcement	33669
officer in the enforcement of ~~Chapter 1547. of the Revised Code~~	33670
this chapter or rules adopted under it shall present to the law	33671
enforcement officer, not later than seventy-two hours after being	33672
stopped, a certificate obtained by the person pursuant to section	33673
1547.05 of the Revised Code prior to being stopped or proof of	33674
holding such a certificate. Failure of the person to present the	33675
certificate or proof of holding it within seventy-two hours	33676
constitutes ~~prima-facie~~prima facie evidence of a violation of	33677
section 1547.05 of the Revised Code.	33678

Sec. 1547.052. (A) No rental business shall lease, hire, or	33679
rent a powercraft powered by more than ten horsepower for	33680
operation on the waters in this state to a person ~~born on or after~~	33681
~~January 1, 1982~~under eighteen years of age, or to a person who	33682
will be supervising a person under division (A) of section 1547.06	33683
of the Revised Code, unless the person to whom the powercraft will	33684
be leased, hired, or rented meets one of the following	33685
requirements:	33686

(1) The person signs a statement on the rental agreement or	33687
attached to the rental agreement that the person has successfully	33688
completed a safe boater course approved by the national	33689
association of state boating law administrators or has	33690
successfully completed a proficiency examination as provided in	33691
section 1547.05 of the Revised Code.	33692

(2) The person receives educational materials from the rental	33693
business and successfully passes, with a score of ninety per cent	33694
or better, an abbreviated examination given by the rental	33695
business. The achievement of a passing score on the examination	33696
shall be indicated on or attached to the powercraft rental	33697
agreement.	33698

(B) Any person ~~born on or after January 1, 1982,~~under	33699
eighteen years of age operating a leased, hired, or rented	33700
powercraft or supervising the operation of a leased, hired, or	33701
rented powercraft under division (A) of section 1547.06 of the	33702
Revised Code shall:	33703

(1) Meet the requirements for boater education of division	33704
(A) of this section.;	33705

(2) Be named as an operator on the agreement that leases,	33706
hires, or rents the powercraft.	33707

(C) The division of watercraft shall make available to all	33708
watercraft rental businesses in Ohio boater safety educational	33709
materials and an abbreviated examination that shall be used by the	33710
watercraft rental business for the purposes of division (A)(2) of	33711
this section.	33712

Sec. 1547.06. (A) ~~Except as otherwise provided in this~~	33713
~~division, no~~(1) No person under ~~sixteen~~twelve years of age shall	33714
operate a personal watercraft on the waters in this state. A	33715

(2) A person who is not less than twelve, nor more than	33716
fifteen years of age may operate a personal watercraft if a	33717
supervising person eighteen years of age or older is aboard the	33718
personal watercraft and~~, in the case of a supervising person born~~	33719
meets one of the following requirements:	33720

(a) Was born before January 1, 1982;

33721

(b) Was born on or after January 1, 1982, ~~if the supervising~~	33722
~~person~~and holds a certificate obtained under section 1547.05 of	33723
the Revised Code ~~or, in~~;	33724

(c) In the case of a rented powercraft, meets the	33725
requirements of section 1547.052 of the Revised Code.	33726

(B) No person under twelve years of age shall operate any	33727
vessel on the waters in this state unless the person is under the	33728
direct visual and audible supervision, during the operation, of a	33729
person who is eighteen years of age or older. This division does	33730
not apply to a personal watercraft, which shall be governed by	33731
division (A) of this section, or to a powercraft, other than a	33732
personal watercraft, powered by more than ten horsepower, which	33733
shall be governed by division (C) of this section.	33734

(C) No person under twelve years of age shall operate on the	33735
waters in this state a powercraft, other than a personal	33736
watercraft, powered by more than ten horsepower unless the person	33737
is under the direct visual and audible supervision, during the	33738
operation, of a person eighteen years of age or older who is	33739
aboard the powercraft ~~and, in the case of such a supervising~~	33740
~~person born on or after January 1, 1982, who holds a certificate~~	33741
~~obtained under section 1547.05 of the Revised Code or, in the case~~	33742
~~of a rented powercraft, meets the requirements of section 1547.052~~	33743
~~of the Revised Code~~.	33744

(D) No supervising person eighteen years of age or older	33745
shall permit any person who is under the supervising person's	33746
supervision and who is operating a vessel on the waters in this	33747
state to violate any section of this chapter or a rule adopted	33748
under it.	33749

Sec. 1547.532. (A) All of the following are exempt from	33750
registration under this chapter:	33751

(1) Sailboards;

33752

(2) Kiteboards;

33753

(3) Paddleboards;

33754

(4) Belly boats or float tubes.

33755

(B) As used in this section:

33756

(1) "Belly boat" or "float tube" means a vessel that is	33757
inflatable, propelled solely by human muscular effort without	33758
using an oar, paddle, or pole, and designed to accommodate a	33759
single individual as an operator in such a manner that the	33760
operator remains partially submerged in the water.	33761

(2) "Kiteboard" means a recreational vessel that is	33762
inherently buoyant, has no cockpit, and is operated by an	33763
individual who is standing on the vessel while using a kite as a	33764
means of propulsion and lift.	33765

(3) "Paddleboard" means a recreational vessel that is	33766
inherently buoyant, is propelled by human muscular effort using a	33767
pole or single- or double-bladed paddle, and is operated by an	33768
individual who is kneeling, standing, or lying on the vessel.	33769

(4) "Sailboard" means a recreational vessel that is	33770
inherently buoyant, has no cockpit, has a single sail mounted on a	33771
mast that is connected to the vessel by a free-rotating, flexible	33772
joint, and is operated by an individual who is standing on the	33773
vessel.	33774

Sec. 1547.542. (A) Any person or organization owning any	33775
number of canoes, rowboats, inflatable watercraft, or sailboats	33776
for the purpose of rental to the public may apply with the chief	33777
of the division of watercraft for and receive an annual	33778
certificate of livery registration. No watercraft shall be rented	33779
to the public from a livery or other place of business in this	33780
state unless it first has been numbered and registered in	33781
accordance with this section or section 1547.54 of the Revised	33782
Code. Certificates of livery registration shall be issued by an	33783
authorized agent who is selected by the chief from among those	33784
designated under section 1547.54 of the Revised Code. The	33785
certificate shall display ~~the~~all of the following:	33786

(1) The name of the owner of the livery~~, the~~;

33787

(2) The date of issuance~~, the~~;

33788

(3) The date of expiration~~, the~~;

33789

(4) The number of watercraft registered~~, the~~;

33790

(5) The fee paid~~, an~~;

33791

(6) An authorized facsimile of the signature of the chief	33792
provided by the authorized agent who is selected to issue the	33793
certificate~~, and the~~;	33794

(7) The signature of the livery owner~~. The certificate shall~~	33795
~~bear the~~;	33796

(8) The livery watercraft registration number assigned to the	33797
livery owner~~, which shall be displayed in accordance with section~~	33798
~~1547.57 of the Revised Code on each watercraft in the fleet for~~	33799
~~which the certificate was issued~~. ~~The~~	33800

The owner of the livery shall be issued a tag for each	33801
watercraft that has been registered in accordance with this	33802
section. The tag shall be affixed to each such watercraft in	33803
accordance with this section prior to the watercraft's being	33804
rented to the public. The chief shall prescribe the content and	33805
form of the tag in rules adopted under section 1547.52 of the	33806
Revised Code.	33807

The owner of a livery shall obtain an amended certificate of	33808
livery registration from the chief whenever the composition of the	33809
fleet changes.	33810

(B) Not later than March 15, 2015, the owner of a livery	33811
shall identify each watercraft in the fleet for which a	33812
certificate of registration has been issued under this section in	33813
one of the following ways:	33814

(1) By displaying the livery watercraft registration number	33815
assigned to the livery owner on the forward half of both sides of	33816
the watercraft in block characters that are of a single color that	33817
contrasts with the color of the hull and are at least three inches	33818
in height. The livery watercraft registration number shall be	33819
displayed in such a manner that the number is visible under normal	33820
operating conditions. In addition, the tag that has been issued to	33821
the watercraft under this section shall be placed not more than	33822
six inches from the livery watercraft registration number on the	33823
port side of the watercraft.	33824

(2) By displaying the livery name on the rear half of the	33825
watercraft in such a manner that it is clearly visible under	33826
normal operating conditions. If there is insufficient space or it	33827
is impractical to display the livery name on the sides of the	33828
watercraft, the livery name may be displayed on the rear half of	33829
the watercraft's deck, provided that the display of the name does	33830
not interfere with the placement of the tag that has been issued	33831
to the watercraft. In addition, the tag shall be placed in one of	33832
the following locations:	33833

(a) In the upper right corner of the transom so that the tag	33834
does not interfere with the legibility of the hull identification	33835
number of the watercraft;	33836

(b) Six inches from the stern on the outside of the	33837
watercraft below the port side gunwale;	33838

(c) On the inside of the watercraft on the upper portion of	33839
the starboard side gunwale so that the tag is visible from the	33840
port side of the watercraft;	33841

(d) On a deck on the rear half of the watercraft.

33842

For purposes of division (B) of this section, each watercraft	33843
in a livery fleet shall be identified in a uniform and consistent	33844
manner.	33845

(C) The fee for each watercraft registered under this section	33846
shall be an annual registration fee. The fee shall be one-third of	33847
the triennial registration fees prescribed in section 1547.54 of	33848
the Revised Code. However, if the size of the fleet does not	33849
increase, the fee for an amended certificate of livery	33850
registration shall be the fee prescribed for issuing a duplicate	33851
registration certificate under section 1547.54 of the Revised	33852
Code, and the chief shall not refund to the livery owner all or	33853
any portion of an annual registration fee applicable to a	33854
watercraft transferred or abandoned by the livery owner. If the	33855
size of the fleet increases, the livery owner shall be required to	33856
pay the applicable annual registration fee for each watercraft	33857
registered under an amended certificate of livery registration	33858
that is in excess of the number of watercraft contained in the	33859
annual certificate of livery registration.	33860

In addition to the fees established in this section,	33861
watercraft that are not powercraft shall be charged a waterways	33862
conservation assessment fee. The fee shall be collected at the	33863
time of the issuance of an annual livery registration under this	33864
section and shall be one dollar and fifty cents for each	33865
watercraft included in the registration. The fee shall be	33866
deposited in the state treasury and credited to a distinct account	33867
in the waterways safety fund created in section 1547.75 of the	33868
Revised Code.	33869

(D) The certificate of livery registration, rental ~~receipts~~	33870
agreements, and required safety equipment are subject to	33871
inspection at any time at the livery's place of business by any	33872
authorized representative of the division of watercraft or any law	33873
enforcement officer in accordance with section 1547.63 of the	33874
Revised Code.	33875

(E) Except as provided in this section, all watercraft	33876
registered under this section are subject to this chapter and	33877
Chapter 1548. of the Revised Code.	33878

(F) The chief may issue an order temporarily ~~or permanently~~	33879
restricting or suspending a livery certificate of registration and	33880
the privileges associated with it without a hearing if the chief	33881
finds that the holder of the certificate has violated this	33882
chapter.	33883

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	33884
Revised Code is guilty of a felony of the fourth degree.	33885

(B) Whoever violates division (F) of section 1547.08, section	33886
1547.10, division (I) of section 1547.111, section 1547.13, or	33887
section 1547.66 of the Revised Code is guilty of a misdemeanor of	33888
the first degree.	33889

(C) Whoever violates a provision of this chapter or a rule	33890
adopted thereunder, for which no penalty is otherwise provided, is	33891
guilty of a minor misdemeanor.	33892

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33893
the Revised Code without causing injury to persons or damage to	33894
property is guilty of a misdemeanor of the fourth degree.	33895

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33896
the Revised Code causing injury to persons or damage to property	33897
is guilty of a misdemeanor of the third degree.	33898

(F) Whoever violates division (N) of section 1547.54,	33899
division (G) of section 1547.30, or section 1547.131, 1547.25,	33900
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	33901
of the Revised Code or a rule adopted under division (A)(2) of	33902
section 1547.52 of the Revised Code is guilty of a misdemeanor of	33903
the fourth degree.	33904

(G) Whoever violates section 1547.11 of the Revised Code is	33905
guilty of a misdemeanor of the first degree and shall be punished	33906
as provided in division (G)(1), (2), or (3) of this section.	33907

(1) Except as otherwise provided in division (G)(2) or (3) of	33908
this section, the court shall sentence the offender to a jail term	33909
of three consecutive days and may sentence the offender pursuant	33910
to section 2929.24 of the Revised Code to a longer jail term. In	33911
addition, the court shall impose upon the offender a fine of not	33912
less than one hundred fifty nor more than one thousand dollars.	33913

The court may suspend the execution of the mandatory jail	33914
term of three consecutive days that it is required to impose by	33915
division (G)(1) of this section if the court, in lieu of the	33916
suspended jail term, places the offender under a community control	33917
sanction pursuant to section 2929.25 of the Revised Code and	33918
requires the offender to attend, for three consecutive days, a	33919
drivers' intervention program that is certified pursuant to	33920
section ~~3793.10~~5119.38 of the Revised Code. The court also may	33921
suspend the execution of any part of the mandatory jail term of	33922
three consecutive days that it is required to impose by division	33923
(G)(1) of this section if the court places the offender under a	33924
community control sanction pursuant to section 2929.25 of the	33925
Revised Code for part of the three consecutive days; requires the	33926
offender to attend, for that part of the three consecutive days, a	33927
drivers' intervention program that is certified pursuant to	33928
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	33929
offender to a jail term equal to the remainder of the three	33930
consecutive days that the offender does not spend attending the	33931
drivers' intervention program. The court may require the offender,	33932
as a condition of community control, to attend and satisfactorily	33933
complete any treatment or education programs, in addition to the	33934
required attendance at a drivers' intervention program, that the	33935
operators of the drivers' intervention program determine that the	33936
offender should attend and to report periodically to the court on	33937
the offender's progress in the programs. The court also may impose	33938
any other conditions of community control on the offender that it	33939
considers necessary.	33940

(2) If, within six years of the offense, the offender has	33941
been convicted of or pleaded guilty to one violation of section	33942
1547.11 of the Revised Code or one other equivalent offense, the	33943
court shall sentence the offender to a jail term of ten	33944
consecutive days and may sentence the offender pursuant to section	33945
2929.24 of the Revised Code to a longer jail term. In addition,	33946
the court shall impose upon the offender a fine of not less than	33947
one hundred fifty nor more than one thousand dollars.	33948

In addition to any other sentence that it imposes upon the	33949
offender, the court may require the offender to attend a drivers'	33950
intervention program that is certified pursuant to section ~~3793.10~~	33951
5119.38 of the Revised Code.	33952

(3) If, within six years of the offense, the offender has	33953
been convicted of or pleaded guilty to more than one violation or	33954
offense identified in division (G)(2) of this section, the court	33955
shall sentence the offender to a jail term of thirty consecutive	33956
days and may sentence the offender to a longer jail term of not	33957
more than one year. In addition, the court shall impose upon the	33958
offender a fine of not less than one hundred fifty nor more than	33959
one thousand dollars.	33960

In addition to any other sentence that it imposes upon the	33961
offender, the court may require the offender to attend a drivers'	33962
intervention program that is certified pursuant to section ~~3793.10~~	33963
5119.38 of the Revised Code.	33964

(4) Upon a showing that serving a jail term would seriously	33965
affect the ability of an offender sentenced pursuant to division	33966
(G)(1), (2), or (3) of this section to continue the offender's	33967
employment, the court may authorize that the offender be granted	33968
work release after the offender has served the mandatory jail term	33969
of three, ten, or thirty consecutive days that the court is	33970
required by division (G)(1), (2), or (3) of this section to	33971
impose. No court shall authorize work release during the mandatory	33972
jail term of three, ten, or thirty consecutive days that the court	33973
is required by division (G)(1), (2), or (3) of this section to	33974
impose. The duration of the work release shall not exceed the time	33975
necessary each day for the offender to commute to and from the	33976
place of employment and the place in which the jail term is served	33977
and the time actually spent under employment.	33978

(5) Notwithstanding any section of the Revised Code that	33979
authorizes the suspension of the imposition or execution of a	33980
sentence or the placement of an offender in any treatment program	33981
in lieu of being imprisoned or serving a jail term, no court shall	33982
suspend the mandatory jail term of ten or thirty consecutive days	33983
required to be imposed by division (G)(2) or (3) of this section	33984
or place an offender who is sentenced pursuant to division (G)(2)	33985
or (3) of this section in any treatment program in lieu of being	33986
imprisoned or serving a jail term until after the offender has	33987
served the mandatory jail term of ten or thirty consecutive days	33988
required to be imposed pursuant to division (G)(2) or (3) of this	33989
section. Notwithstanding any section of the Revised Code that	33990
authorizes the suspension of the imposition or execution of a	33991
sentence or the placement of an offender in any treatment program	33992
in lieu of being imprisoned or serving a jail term, no court,	33993
except as specifically authorized by division (G)(1) of this	33994
section, shall suspend the mandatory jail term of three	33995
consecutive days required to be imposed by division (G)(1) of this	33996
section or place an offender who is sentenced pursuant to division	33997
(G)(1) of this section in any treatment program in lieu of	33998
imprisonment until after the offender has served the mandatory	33999
jail term of three consecutive days required to be imposed	34000
pursuant to division (G)(1) of this section.	34001

(6) As used in division (G) of this section:

34002

(a) "Equivalent offense" has the same meaning as in section	34003
4511.181 of the Revised Code.	34004

(b) "Jail term" and "mandatory jail term" have the same	34005
meanings as in section 2929.01 of the Revised Code.	34006

(H) Whoever violates section 1547.304 of the Revised Code is	34007
guilty of a misdemeanor of the fourth degree and also shall be	34008
assessed any costs incurred by the state or a county, township,	34009
municipal corporation, or other political subdivision in disposing	34010
of an abandoned junk vessel or outboard motor, less any money	34011
accruing to the state, county, township, municipal corporation, or	34012
other political subdivision from that disposal.	34013

(I) Whoever violates division (B) or (C) of section 1547.49	34014
of the Revised Code is guilty of a minor misdemeanor.	34015

(J) Whoever violates section 1547.31 of the Revised Code is	34016
guilty of a misdemeanor of the fourth degree on a first offense.	34017
On each subsequent offense, the person is guilty of a misdemeanor	34018
of the third degree.	34019

(K) Whoever violates section 1547.05 or 1547.051 of the	34020
Revised Code is guilty of a misdemeanor of the fourth degree if	34021
the violation is not related to a collision, injury to a person,	34022
or damage to property and a misdemeanor of the third degree if the	34023
violation is related to a collision, injury to a person, or damage	34024
to property.	34025

(L) The sentencing court, in addition to the penalty provided	34026
under this section for a violation of this chapter or a rule	34027
adopted under it that involves a powercraft powered by more than	34028
ten horsepower and that, in the opinion of the court, involves a	34029
threat to the safety of persons or property, shall order the	34030
offender to complete successfully a boating course approved by the	34031
national association of state boating law administrators before	34032
the offender is allowed to operate a powercraft powered by more	34033
than ten horsepower on the waters in this state. Violation of a	34034
court order entered under this division is punishable as contempt	34035
under Chapter 2705. of the Revised Code.	34036

Sec. 1548.02. The chief of the division of watercraft shall	34037
adopt such rules as the chief considers necessary to ensure	34038
uniform and orderly operation of this chapter, and the clerks of	34039
the courts of common pleas shall conform to those rules. The chief	34040
shall receive and file in the chief's office all information	34041
forwarded to the chief by the clerks under this chapter and shall	34042
maintain indexes covering the state at large for that information.	34043
These indexes shall be for the state at large and not for	34044
individual counties.	34045

The chief shall check with the chief's record all duplicate	34046
certificates of title received in the chief's office from the	34047
clerks.	34048

If it appears that any certificate of title has been	34049
improperly issued or is no longer required, the chief shall cancel	34050
the certificate. Upon the cancellation of any certificate of	34051
title, the chief shall notify the clerk who issued it, and the	34052
clerk shall enter the cancellation in the clerk's records. The	34053
chief also shall notify the person to whom the certificate of	34054
title was issued, as well as any lienholders appearing on it, of	34055
the cancellation and, if it is a physical certificate of title,	34056
shall demand the surrender of the certificate of title, but the	34057
cancellation shall not affect the validity of any lien noted on	34058
it. The holder of a physical certificate of title shall return it	34059
to the chief immediately.	34060

The clerks shall keep on hand a sufficient supply of blank	34061
forms that, except certificate of title and memorandum certificate	34062
forms, shall be furnished and distributed without charge to	34063
registered manufacturers or dealers or to other persons residing	34064
within the county. The clerks shall provide the certificates of	34065
title~~, the~~and ribbons, cartridges, or other devices necessary for	34066
~~data~~the operation of the certificate of title processing~~, and~~	34067
~~removable backup media~~equipment as determined by the automated	34068
title processing board pursuant to division (C) of section 4505.09	34069
of the Revised Code from moneys provided to the clerks from the	34070
automated title processing fund in accordance with division	34071
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	34072
furnish all other supplies from other moneys available to the	34073
clerks.	34074

Sec. 1551.33. (A) The director of development services shall	34075
appoint and fix the compensation of the director of the Ohio coal	34076
development office. The director shall serve at the pleasure of	34077
the director of development services.	34078

(B) The director of the office shall do all of the following:

34079

(1) Biennially prepare and maintain the Ohio coal development	34080
agenda required under section 1551.34 of the Revised Code;	34081

(2) Propose and support policies for the office consistent	34082
with the Ohio coal development agenda and develop means to	34083
implement the agenda;	34084

(3) Initiate, undertake, and support projects to carry out	34085
the office's purposes and ensure that the projects are consistent	34086
with and meet the selection criteria established by the Ohio coal	34087
development agenda;	34088

(4) Actively encourage joint participation in and, when	34089
feasible, joint funding of the office's projects with governmental	34090
agencies, electric utilities, universities and colleges, other	34091
public or private interests, or any other person;	34092

(5) Establish a table of organization for and employ such	34093
employees and agents as are necessary for the administration and	34094
operation of the office. Any such employees shall be in the	34095
unclassified service and shall serve at the pleasure of the	34096
director of development services.	34097

(6) ~~Appoint specified members of and convene~~Convene the	34098
technical advisory committee established under section 1551.35 of	34099
the Revised Code;	34100

(7) Review, with the assistance of the technical advisory	34101
committee, proposed coal research and development projects as	34102
defined in section 1555.01 of the Revised Code, and coal	34103
development projects, submitted to the office by public utilities	34104
for the purpose of section 4905.304 of the Revised Code. If the	34105
director and the advisory committee determine that any such	34106
facility or project has as its purpose the enhanced use of Ohio	34107
coal in an environmentally acceptable, cost effective manner,	34108
promotes energy conservation, is cost effective, and is	34109
environmentally sound, the director shall submit to the public	34110
utilities commission a report recommending that the commission	34111
allow the recovery of costs associated with the facility or	34112
project under section 4905.304 of the Revised Code and including	34113
the reasons for the recommendation.	34114

(8) Establish such policies, procedures, and guidelines as	34115
are necessary to achieve the office's purposes.	34116

(C) With the approval of the director of development	34117
services, the director of the office may exercise any of the	34118
powers and duties that the director of development services	34119
considers appropriate or desirable to achieve the office's	34120
purposes, including, but not limited to, the powers and duties	34121
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	34122
Revised Code.	34123

Additionally, the director of the office may make loans to	34124
governmental agencies or persons for projects to carry out the	34125
office's purposes. Fees, charges, rates of interest, times of	34126
payment of interest and principal, and other terms, conditions,	34127
and provisions of the loans shall be such as the director of the	34128
office determines to be appropriate and in furtherance of the	34129
purposes for which the loans are made. The mortgage lien securing	34130
any moneys lent by the director of the office may be subordinate	34131
to the mortgage lien securing any moneys lent or invested by a	34132
financial institution, but shall be superior to that securing any	34133
moneys lent or expended by any other person. The moneys used in	34134
making the loans shall be disbursed upon order of the director of	34135
the office.	34136

Sec. 1551.35. (A) There is hereby established a technical	34137
advisory committee to assist the director of the Ohio coal	34138
development office in achieving the office's purposes. The	34139
director of development services shall appoint to the committee	34140
one member of the public utilities commission and one	34141
representative each of coal production companies, the united mine	34142
workers of America, electric utilities, manufacturers that use	34143
Ohio coal, and environmental organizations, as well as two people	34144
with a background in coal research and development technology, one	34145
of whom is employed at the time of the member's appointment by a	34146
state university, as defined in section 3345.011 of the Revised	34147
Code. In addition, the committee shall include four legislative	34148
members. The speaker and minority leader of the house of	34149
representatives each shall appoint one member of the house of	34150
representatives, and the president and minority leader of the	34151
senate each shall appoint one member of the senate, to the	34152
committee. The director of environmental protection shall serve on	34153
the committee as an ex officio member. Any member of the committee	34154
may designate in writing a substitute to serve in the member's	34155
absence on the committee. The director of environmental protection	34156
may designate in writing the chief of the air pollution control	34157
division of the agency to represent the agency. Members shall	34158
serve on the committee at the pleasure of their appointing	34159
authority. Members of the committee appointed by the director of	34160
~~the office~~development services and, notwithstanding section	34161
101.26 of the Revised Code, legislative members of the committee,	34162
when engaged in their official duties as members of the committee,	34163
shall be compensated on a per diem basis in accordance with	34164
division (J) of section 124.15 of the Revised Code, except that	34165
the member of the public utilities commission and, while employed	34166
by a state university, the member with a background in coal	34167
research, shall not be so compensated. Members shall receive their	34168
actual and necessary expenses incurred in the performance of their	34169
duties.	34170

(B) The technical advisory committee shall review and make	34171
recommendations concerning the Ohio coal development agenda	34172
required under section 1551.34 of the Revised Code, project	34173
proposals, research and development projects submitted to the	34174
office by public utilities for the purpose of section 4905.304 of	34175
the Revised Code, proposals for grants, loans, and loan guarantees	34176
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	34177
and such other topics as the director of the office considers	34178
appropriate.	34179

(C) The technical advisory committee may hold an executive	34180
session at any regular or special meeting for the purpose of	34181
considering research and development project proposals or	34182
applications for assistance submitted to the Ohio coal development	34183
office under section 1551.33, or sections 1555.01 to 1555.06, of	34184
the Revised Code, to the extent that the proposals or applications	34185
consist of trade secrets or other proprietary information.	34186

Any materials or data submitted to, made available to, or	34187
received by the ~~department of~~ development services agency or the	34188
director of the Ohio coal development office in connection with	34189
agreements for assistance entered into under this chapter or	34190
Chapter 1555. of the Revised Code, or any information taken from	34191
those materials or data for any purpose, to the extent that the	34192
materials or data consist of trade secrets or other proprietary	34193
information, are not public records for the purposes of section	34194
149.43 of the Revised Code.	34195

As used in this division, "trade secrets" has the same	34196
meaning as in section 1333.61 of the Revised Code.	34197

Sec. 1555.15. There is hereby created in the state treasury	34198
the coal research and development fund. Moneys obtained for coal	34199
research and development projects from federal grants or loans,	34200
private grants, and other sources, and moneys paid into the fund	34201
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	34202
be expended for the purpose of making grants and making or	34203
guaranteeing loans for coal research and development projects that	34204
will encourage the use of Ohio coal, to any individual,	34205
association, or corporation doing business in this state, or to	34206
any educational or scientific institution located in this state as	34207
provided for in Section 15 of Article VIII, Ohio Constitution and	34208
section 1555.08 of the Revised Code, when appropriated for such	34209
purposes by the general assembly. All investment earnings on the	34210
cash balance in the fund shall be credited to the fund.	34211

The director of budget and management shall establish and	34212
maintain records or accounts for or within the coal research and	34213
development fund in such manner as to show the amounts credited to	34214
such fund pursuant to section 1555.08 of the Revised Code and that	34215
the amounts so credited have been expended for the purposes set	34216
forth in Section 15 of Article VIII, Ohio Constitution, and	34217
section 151.07 of the Revised Code. The director of budget and	34218
management may otherwise manage the fund to comply with any	34219
requirements established by federal grants or loans, private	34220
grants, or moneys from other sources.	34221

Sec. 1711.07. The board of directors of a county or	34222
independent agricultural society shall consist of at least eight	34223
members. An employee of the ~~Ohio state university~~OSU extension	34224
~~service~~ and the county school superintendent shall be members ex	34225
officio. Their terms of office shall be determined by the rules of	34226
the department of agriculture. Any vacancy in the board caused by	34227
death, resignation, refusal to qualify, removal from county, or	34228
other cause may be filled by the board until the society's next	34229
annual election, when a director shall be elected for the	34230
unexpired term. There shall be an annual election of directors by	34231
ballot at a time and a place fixed by the board, but this election	34232
shall not be held later than the first Saturday in December 1994,	34233
and not later than the fifteenth day of November each year	34234
thereafter, beginning in 1995. The secretary of the society shall	34235
give notice of ~~such~~the election, for three weeks prior to the	34236
holding thereof, in a newspaper of general circulation in the	34237
county or as provided in section 7.16 of the Revised Code, or by	34238
letter mailed to each member of the society. Only persons holding	34239
membership certificates at the close of the annual county fair, or	34240
at least fifteen calendar days before the date of election, as may	34241
be fixed by the board, may vote, unless ~~such~~the election is held	34242
on the fairground during the fair, in which case all persons	34243
holding membership certificates on the date and hour of the	34244
election may vote. When the election is to be held during the	34245
fair, notice of ~~such~~the election ~~must~~shall be prominently	34246
mentioned in the premium list, in addition to the notice required	34247
in a newspaper. The terms of office of the retiring directors	34248
shall expire, and those of the directors-elect shall begin, not	34249
later than the first Saturday in January 1995, and not later than	34250
the thirtieth day of November each year thereafter, beginning in	34251
1995.	34252

The secretary of ~~such~~the society shall send the name and	34253
address of each member of its board to the director of agriculture	34254
within ten days after the election.	34255

Sec. 1721.10. ~~Lands~~Except as otherwise provided in this	34256
section, lands appropriated and set apart as burial grounds,	34257
either for public or for private use, and recorded or filed as	34258
such in the office of the county recorder of the county where they	34259
are situated, and any burial ground that has been used as such for	34260
fifteen years are exempt from sale on execution on a judgment,	34261
taxation, dower, and compulsory partition; but land appropriated	34262
and set apart as a private burial ground is not so exempt if it	34263
exceeds in value the sum of fifty dollars.	34264

The lien for taxes against such burial grounds may be	34265
enforced in the same manner prescribed for abandoned lands under	34266
sections 323.65 to 323.79 of the Revised Code except that the	34267
burial ground may be transferred only to a municipal corporation,	34268
county, or township under division (D) of section 323.74 of the	34269
Revised Code. No burial ground that is otherwise exempt from sale	34270
or execution under this section shall be offered for sale at	34271
public auction.	34272

Sec. 1724.03. (A) After the articles of incorporation have	34273
been filed, and at the first meeting of the board of directors of	34274
a county land reutilization corporation, the board shall adopt	34275
regulations for the government of the corporation, the conduct of	34276
its affairs, and the management of its property, consistent with	34277
law and the articles. The content of the regulations shall be	34278
governed by section 1702.11 of the Revised Code to the extent not	34279
inconsistent with this chapter.	34280

(B) The board of directors of a county land reutilization	34281
corporation shall be composed of five, seven, or nine members,	34282
including the county treasurer, at least two of the members of the	34283
board of county commissioners, one representative of the largest	34284
municipal corporation, based on the population according to the	34285
most recent federal decennial census, that is located in the	34286
county, one representative of a township with a population of at	34287
least ten thousand in the unincorporated area of the township	34288
according to the most recent federal decennial census, if at least	34289
two such townships exist in the county, and any remaining members	34290
selected by the treasurer and the county commissioners who are	34291
members of the corporation's board. The township representative	34292
shall be chosen by a majority of the boards of township trustees	34293
of townships with a population of at least ten thousand in the	34294
unincorporated area of the township according to the most recent	34295
federal decennial census. At least one board member shall have	34296
private sector or nonprofit experience in rehabilitation or real	34297
estate acquisitions. A county treasurer and the county	34298
commissioners each may appoint a representative, as a director of	34299
the corporation, to act for the officer at any of the meetings of	34300
the corporation. Except as may otherwise be authorized by the	34301
regulations of the corporation, all members of the board of	34302
directors shall serve without compensation, but shall be	34303
reimbursed for actual and necessary expenses.	34304

Sec. 1739.061. (A)(1) This section applies to both of the	34305
following:	34306

(a) A multiple employer welfare arrangement that issues or	34307
requires the use of a standardized identification card or an	34308
electronic technology for submission and routing of prescription	34309
drug claims;	34310

(b) A person or entity that a multiple employer welfare	34311
arrangement contracts with to issue a standardized identification	34312
card or an electronic technology described in division (A)(1)(a)	34313
of this section.	34314

(2) Notwithstanding division (A)(1) of this section, this	34315
section does not apply to the issuance or required use of a	34316
standardized identification card or an electronic technology for	34317
the submission and routing of prescription drug claims in	34318
connection with any of the following:	34319

(a) Any program or arrangement covering only accident,	34320
credit, dental, disability income, long-term care, hospital	34321
indemnity, medicare supplement, medicare, tricare, specified	34322
disease, or vision care; coverage under a	34323
one-time-limited-duration policy of not longer than six months;	34324
coverage issued as a supplement to liability insurance; insurance	34325
arising out of workers' compensation or similar law; automobile	34326
medical payment insurance; or insurance under which benefits are	34327
payable with or without regard to fault and which is statutorily	34328
required to be contained in any liability insurance policy or	34329
equivalent self-insurance.	34330

(b) Coverage provided under the medicaid~~, as defined in~~	34331
~~section 5111.01 of the Revised Code~~program.	34332

(c) Coverage provided under an employer's self-insurance plan	34333
or by any of its administrators, as defined in section 3959.01 of	34334
the Revised Code, to the extent that federal law supersedes,	34335
preempts, prohibits, or otherwise precludes the application of	34336
this section to the plan and its administrators.	34337

(B) A standardized identification card or an electronic	34338
technology issued or required to be used as provided in division	34339
(A)(1) of this section shall contain uniform prescription drug	34340
information in accordance with either division (B)(1) or (2) of	34341
this section.	34342

(1) The standardized identification card or the electronic	34343
technology shall be in a format and contain information fields	34344
approved by the national council for prescription drug programs or	34345
a successor organization, as specified in the council's or	34346
successor organization's pharmacy identification card	34347
implementation guide in effect on the first day of October most	34348
immediately preceding the issuance or required use of the	34349
standardized identification card or the electronic technology.	34350

(2) If the multiple employer welfare arrangement or person	34351
under contract with it to issue a standardized identification card	34352
or an electronic technology requires the information for the	34353
submission and routing of a claim, the standardized identification	34354
card or the electronic technology shall contain any of the	34355
following information:	34356

(a) The name of the multiple employer welfare arrangement;

34357

(b) The individual's name, group number, and identification	34358
number;	34359

(c) A telephone number to inquire about pharmacy-related	34360
issues;	34361

(d) The issuer's international identification number, labeled	34362
as "ANSI BIN" or "RxBIN";	34363

(e) The processor's control number, labeled as "RxPCN";

34364

(f) The individual's pharmacy benefits group number if	34365
different from the insured's medical group number, labeled as	34366
"RxGrp."	34367

(C) If the standardized identification card or the electronic	34368
technology issued or required to be used as provided in division	34369
(A)(1) of this section is also used for submission and routing of	34370
nonpharmacy claims, the designation "Rx" is required to be	34371
included as part of the labels identified in divisions (B)(2)(d)	34372
and (e) of this section if the issuer's international	34373
identification number or the processor's control number is	34374
different for medical and pharmacy claims.	34375

(D) Each multiple employer welfare arrangement described in	34376
division (A) of this section shall annually file a certificate	34377
with the superintendent of insurance certifying that it or any	34378
person it contracts with to issue a standardized identification	34379
card or electronic technology for submission and routing of	34380
prescription drug claims complies with this section.	34381

(E)(1) Except as provided in division (E)(2) of this section,	34382
if there is a change in the information contained in the	34383
standardized identification card or the electronic technology	34384
issued to an individual, the multiple employer welfare arrangement	34385
or person under contract with it to issue a standardized	34386
identification card or an electronic technology shall issue a new	34387
card or electronic technology to the individual.	34388

(2) A multiple employer welfare arrangement or person under	34389
contract with it is not required under division (E)(1) of this	34390
section to issue a new card or electronic technology to an	34391
individual more than once during a twelve-month period.	34392

(F) Nothing in this section shall be construed as requiring a	34393
multiple employer welfare arrangement to produce more than one	34394
standardized identification card or one electronic technology for	34395
use by individuals accessing health care benefits provided under a	34396
multiple employer welfare arrangement.	34397

Sec. 1751.01. As used in this chapter:

34398

(A)(1) "Basic health care services" means the following	34399
services when medically necessary:	34400

(a) Physician's services, except when such services are	34401
supplemental under division (B) of this section;	34402

(b) Inpatient hospital services;

34403

34404

(d) Emergency health services;

34405

(e) Urgent care services;

34406

(f) Diagnostic laboratory services and diagnostic and	34407
therapeutic radiologic services;	34408

(g) Diagnostic and treatment services, other than	34409
prescription drug services, for biologically based mental	34410
illnesses;	34411

(h) Preventive health care services, including, but not	34412
limited to, voluntary family planning services, infertility	34413
services, periodic physical examinations, prenatal obstetrical	34414
care, and well-child care;	34415

(i) Routine patient care for patients enrolled in an eligible	34416
cancer clinical trial pursuant to section 3923.80 of the Revised	34417
Code.	34418

"Basic health care services" does not include experimental	34419
procedures.	34420

Except as provided by divisions (A)(2) and (3) of this	34421
section in connection with the offering of coverage for diagnostic	34422
and treatment services for biologically based mental illnesses, a	34423
health insuring corporation shall not offer coverage for a health	34424
care service, defined as a basic health care service by this	34425
division, unless it offers coverage for all listed basic health	34426
care services. However, this requirement does not apply to the	34427
coverage of beneficiaries enrolled in medicare pursuant to a	34428
medicare contract, or to the coverage of beneficiaries enrolled in	34429
the federal employee health benefits program pursuant to 5	34430
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	34431
the coverage of beneficiaries under any federal health care	34432
program regulated by a federal regulatory body, or to the coverage	34433
of beneficiaries under any contract covering officers or employees	34434
of the state that has been entered into by the department of	34435
administrative services.	34436

(2) A health insuring corporation may offer coverage for	34437
diagnostic and treatment services for biologically based mental	34438
illnesses without offering coverage for all other basic health	34439
care services. A health insuring corporation may offer coverage	34440
for diagnostic and treatment services for biologically based	34441
mental illnesses alone or in combination with one or more	34442
supplemental health care services. However, a health insuring	34443
corporation that offers coverage for any other basic health care	34444
service shall offer coverage for diagnostic and treatment services	34445
for biologically based mental illnesses in combination with the	34446
offer of coverage for all other listed basic health care services.	34447

(3) A health insuring corporation that offers coverage for	34448
basic health care services is not required to offer coverage for	34449
diagnostic and treatment services for biologically based mental	34450
illnesses in combination with the offer of coverage for all other	34451
listed basic health care services if all of the following apply:	34452

(a) The health insuring corporation submits documentation	34453
certified by an independent member of the American academy of	34454
actuaries to the superintendent of insurance showing that incurred	34455
claims for diagnostic and treatment services for biologically	34456
based mental illnesses for a period of at least six months	34457
independently caused the health insuring corporation's costs for	34458
claims and administrative expenses for the coverage of basic	34459
health care services to increase by more than one per cent per	34460
year.	34461

(b) The health insuring corporation submits a signed letter	34462
from an independent member of the American academy of actuaries to	34463
the superintendent of insurance opining that the increase in costs	34464
described in division (A)(3)(a) of this section could reasonably	34465
justify an increase of more than one per cent in the annual	34466
premiums or rates charged by the health insuring corporation for	34467
the coverage of basic health care services.	34468

(c) The superintendent of insurance makes the following	34469
determinations from the documentation and opinion submitted	34470
pursuant to divisions (A)(3)(a) and (b) of this section:	34471

(i) Incurred claims for diagnostic and treatment services for	34472
biologically based mental illnesses for a period of at least six	34473
months independently caused the health insuring corporation's	34474
costs for claims and administrative expenses for the coverage of	34475
basic health care services to increase by more than one per cent	34476
per year.	34477

(ii) The increase in costs reasonably justifies an increase	34478
of more than one per cent in the annual premiums or rates charged	34479
by the health insuring corporation for the coverage of basic	34480
health care services.	34481

Any determination made by the superintendent under this	34482
division is subject to Chapter 119. of the Revised Code.	34483

(B)(1) "Supplemental health care services" means any health	34484
care services other than basic health care services that a health	34485
insuring corporation may offer, alone or in combination with	34486
either basic health care services or other supplemental health	34487
care services, and includes:	34488

(a) Services of facilities for intermediate or long-term	34489
care, or both;	34490

(b) Dental care services;

34491

(c) Vision care and optometric services including lenses and	34492
frames;	34493

(d) Podiatric care or foot care services;

34494

(e) Mental health services, excluding diagnostic and	34495
treatment services for biologically based mental illnesses;	34496

(f) Short-term outpatient evaluative and crisis-intervention	34497
mental health services;	34498

(g) Medical or psychological treatment and referral services	34499
for alcohol and drug abuse or addiction;	34500

(h) Home health services;

34501

(i) Prescription drug services;

34502

(j) Nursing services;

34503

(k) Services of a dietitian licensed under Chapter 4759. of	34504
the Revised Code;	34505

(l) Physical therapy services;

34506

(m) Chiropractic services;

34507

(n) Any other category of services approved by the	34508
superintendent of insurance.	34509

(2) If a health insuring corporation offers prescription drug	34510
services under this division, the coverage shall include	34511
prescription drug services for the treatment of biologically based	34512
mental illnesses on the same terms and conditions as other	34513
physical diseases and disorders.	34514

(C) "Specialty health care services" means one of the	34515
supplemental health care services listed in division (B) of this	34516
section, when provided by a health insuring corporation on an	34517
outpatient-only basis and not in combination with other	34518
supplemental health care services.	34519

(D) "Biologically based mental illnesses" means	34520
schizophrenia, schizoaffective disorder, major depressive	34521
disorder, bipolar disorder, paranoia and other psychotic	34522
disorders, obsessive-compulsive disorder, and panic disorder, as	34523
these terms are defined in the most recent edition of the	34524
diagnostic and statistical manual of mental disorders published by	34525
the American psychiatric association.	34526

(E) "Closed panel plan" means a health care plan that	34527
requires enrollees to use participating providers.	34528

(F) "Compensation" means remuneration for the provision of	34529
health care services, determined on other than a fee-for-service	34530
or discounted-fee-for-service basis.	34531

(G) "Contractual periodic prepayment" means the formula for	34532
determining the premium rate for all subscribers of a health	34533
insuring corporation.	34534

(H) "Corporation" means a corporation formed under Chapter	34535
1701. or 1702. of the Revised Code or the similar laws of another	34536
state.	34537

(I) "Emergency health services" means those health care	34538
services that must be available on a seven-days-per-week,	34539
twenty-four-hours-per-day basis in order to prevent jeopardy to an	34540
enrollee's health status that would occur if such services were	34541
not received as soon as possible, and includes, where appropriate,	34542
provisions for transportation and indemnity payments or service	34543
agreements for out-of-area coverage.	34544

(J) "Enrollee" means any natural person who is entitled to	34545
receive health care benefits provided by a health insuring	34546
corporation.	34547

(K) "Evidence of coverage" means any certificate, agreement,	34548
policy, or contract issued to a subscriber that sets out the	34549
coverage and other rights to which such person is entitled under a	34550
health care plan.	34551

(L) "Health care facility" means any facility, except a	34552
health care practitioner's office, that provides preventive,	34553
diagnostic, therapeutic, acute convalescent, rehabilitation,	34554
mental health, mental retardation, intermediate care, or skilled	34555
nursing services.	34556

(M) "Health care services" means basic, supplemental, and	34557
specialty health care services.	34558

(N) "Health delivery network" means any group of providers or	34559
health care facilities, or both, or any representative thereof,	34560
that have entered into an agreement to offer health care services	34561
in a panel rather than on an individual basis.	34562

(O) "Health insuring corporation" means a corporation, as	34563
defined in division (H) of this section, that, pursuant to a	34564
policy, contract, certificate, or agreement, pays for, reimburses,	34565
or provides, delivers, arranges for, or otherwise makes available,	34566
basic health care services, supplemental health care services, or	34567
specialty health care services, or a combination of basic health	34568
care services and either supplemental health care services or	34569
specialty health care services, through either an open panel plan	34570
or a closed panel plan.	34571

"Health insuring corporation" does not include a limited	34572
liability company formed pursuant to Chapter 1705. of the Revised	34573
Code, an insurer licensed under Title XXXIX of the Revised Code if	34574
that insurer offers only open panel plans under which all	34575
providers and health care facilities participating receive their	34576
compensation directly from the insurer, a corporation formed by or	34577
on behalf of a political subdivision or a department, office, or	34578
institution of the state, or a public entity formed by or on	34579
behalf of a board of county commissioners, a county board of	34580
developmental disabilities, an alcohol and drug addiction services	34581
board, a board of alcohol, drug addiction, and mental health	34582
services, or a community mental health board, as those terms are	34583
used in Chapters 340. and 5126. of the Revised Code. Except as	34584
provided by division (D) of section 1751.02 of the Revised Code,	34585
or as otherwise provided by law, no board, commission, agency, or	34586
other entity under the control of a political subdivision may	34587
accept insurance risk in providing for health care services.	34588
However, nothing in this division shall be construed as	34589
prohibiting such entities from purchasing the services of a health	34590
insuring corporation or a third-party administrator licensed under	34591
Chapter 3959. of the Revised Code.	34592

(P) "Intermediary organization" means a health delivery	34593
network or other entity that contracts with licensed health	34594
insuring corporations or self-insured employers, or both, to	34595
provide health care services, and that enters into contractual	34596
arrangements with other entities for the provision of health care	34597
services for the purpose of fulfilling the terms of its contracts	34598
with the health insuring corporations and self-insured employers.	34599

(Q) "Intermediate care" means residential care above the	34600
level of room and board for patients who require personal	34601
assistance and health-related services, but who do not require	34602
skilled nursing care.	34603

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	34604
~~the Revised Code.~~	34605

~~(S)~~ "Medical record" means the personal information that	34606
relates to an individual's physical or mental condition, medical	34607
history, or medical treatment.	34608

~~(T) "Medicare" means the program established under Title~~	34609
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	34610
~~1395, as amended.~~	34611

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	34612
provides incentives for enrollees to use participating providers	34613
and that also allows enrollees to use providers that are not	34614
participating providers.	34615

(2) No health insuring corporation may offer an open panel	34616
plan, unless the health insuring corporation is also licensed as	34617
an insurer under Title XXXIX of the Revised Code, the health	34618
insuring corporation, on June 4, 1997, holds a certificate of	34619
authority or license to operate under Chapter 1736. or 1740. of	34620
the Revised Code, or an insurer licensed under Title XXXIX of the	34621
Revised Code is responsible for the out-of-network risk as	34622
evidenced by both an evidence of coverage filing under section	34623
1751.11 of the Revised Code and a policy and certificate filing	34624
under section 3923.02 of the Revised Code.	34625

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	34626
under section 3701.07 of the Revised Code that advocates	34627
osteopathic principles and the practice and perpetuation of	34628
osteopathic medicine by doing any of the following:	34629

(1) Maintaining a department or service of osteopathic	34630
medicine or a committee on the utilization of osteopathic	34631
principles and methods, under the supervision of an osteopathic	34632
physician;	34633

(2) Maintaining an active medical staff, the majority of	34634
which is comprised of osteopathic physicians;	34635

(3) Maintaining a medical staff executive committee that has	34636
osteopathic physicians as a majority of its members.	34637

~~(W)~~(U) "Panel" means a group of providers or health care	34638
facilities that have joined together to deliver health care	34639
services through a contractual arrangement with a health insuring	34640
corporation, employer group, or other payor.	34641

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	34642
the Revised Code, and, unless the context otherwise requires,	34643
includes any insurance company holding a certificate of authority	34644
under Title XXXIX of the Revised Code, any subsidiary and	34645
affiliate of an insurance company, and any government agency.	34646

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	34647
subscriber to a health insuring corporation. A "premium rate" does	34648
not include a one-time membership fee, an annual administrative	34649
fee, or a nominal access fee, paid to a managed health care system	34650
under which the recipient of health care services remains solely	34651
responsible for any charges accessed for those services by the	34652
provider or health care facility.	34653

~~(Z)~~(X) "Primary care provider" means a provider that is	34654
designated by a health insuring corporation to supervise,	34655
coordinate, or provide initial care or continuing care to an	34656
enrollee, and that may be required by the health insuring	34657
corporation to initiate a referral for specialty care and to	34658
maintain supervision of the health care services rendered to the	34659
enrollee.	34660

~~(AA)~~(Y) "Provider" means any natural person or partnership of	34661
natural persons who are licensed, certified, accredited, or	34662
otherwise authorized in this state to furnish health care	34663
services, or any professional association organized under Chapter	34664
1785. of the Revised Code, provided that nothing in this chapter	34665
or other provisions of law shall be construed to preclude a health	34666
insuring corporation, health care practitioner, or organized	34667
health care group associated with a health insuring corporation	34668
from employing certified nurse practitioners, certified nurse	34669
anesthetists, clinical nurse specialists, certified nurse	34670
midwives, dietitians, physician assistants, dental assistants,	34671
dental hygienists, optometric technicians, or other allied health	34672
personnel who are licensed, certified, accredited, or otherwise	34673
authorized in this state to furnish health care services.	34674

~~(BB)~~(Z) "Provider sponsored organization" means a	34675
corporation, as defined in division (H) of this section, that is	34676
at least eighty per cent owned or controlled by one or more	34677
hospitals, as defined in section 3727.01 of the Revised Code, or	34678
one or more physicians licensed to practice medicine or surgery or	34679
osteopathic medicine and surgery under Chapter 4731. of the	34680
Revised Code, or any combination of such physicians and hospitals.	34681
Such control is presumed to exist if at least eighty per cent of	34682
the voting rights or governance rights of a provider sponsored	34683
organization are directly or indirectly owned, controlled, or	34684
otherwise held by any combination of the physicians and hospitals	34685
described in this division.	34686

~~(CC)~~(AA) "Solicitation document" means the written materials	34687
provided to prospective subscribers or enrollees, or both, and	34688
used for advertising and marketing to induce enrollment in the	34689
health care plans of a health insuring corporation.	34690

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	34691
making payments to a health insuring corporation for participation	34692
in a health care plan, or an enrollee whose employment or other	34693
status is the basis of eligibility for enrollment in a health	34694
insuring corporation.	34695

~~(EE)~~(CC) "Urgent care services" means those health care	34696
services that are appropriately provided for an unforeseen	34697
condition of a kind that usually requires medical attention	34698
without delay but that does not pose a threat to the life, limb,	34699
or permanent health of the injured or ill person, and may include	34700
such health care services provided out of the health insuring	34701
corporation's approved service area pursuant to indemnity payments	34702
or service agreements.	34703

Sec. 1751.11. (A) Every subscriber of a health insuring	34704
corporation is entitled to an evidence of coverage for the health	34705
care plan under which health care benefits are provided.	34706

(B) Every subscriber of a health insuring corporation that	34707
offers basic health care services is entitled to an identification	34708
card or similar document that specifies the health insuring	34709
corporation's name as stated in its articles of incorporation, and	34710
any trade or fictitious names used by the health insuring	34711
corporation. The identification card or document shall list at	34712
least one toll-free telephone number that provides the subscriber	34713
with access, to information on a twenty-four-hours-per-day,	34714
seven-days-per-week basis, as to how health care services may be	34715
obtained. The identification card or document shall also list at	34716
least one toll-free number that, during normal business hours,	34717
provides the subscriber with access to information on the coverage	34718
available under the subscriber's health care plan and information	34719
on the health care plan's internal and external review processes.	34720

(C) No evidence of coverage, or amendment to the evidence of	34721
coverage, shall be delivered, issued for delivery, renewed, or	34722
used, until the form of the evidence of coverage or amendment has	34723
been filed by the health insuring corporation with the	34724
superintendent of insurance. If the superintendent does not	34725
disapprove the evidence of coverage or amendment within sixty days	34726
after it is filed it shall be deemed approved, unless the	34727
superintendent sooner gives approval for the evidence of coverage	34728
or amendment. With respect to an amendment to an approved evidence	34729
of coverage, the superintendent only may disapprove provisions	34730
amended or added to the evidence of coverage. If the	34731
superintendent determines within the sixty-day period that any	34732
evidence of coverage or amendment fails to meet the requirements	34733
of this section, the superintendent shall so notify the health	34734
insuring corporation and it shall be unlawful for the health	34735
insuring corporation to use such evidence of coverage or	34736
amendment. At any time, the superintendent, upon at least thirty	34737
days' written notice to a health insuring corporation, may	34738
withdraw an approval, deemed or actual, of any evidence of	34739
coverage or amendment on any of the grounds stated in this	34740
section. Such disapproval shall be effected by a written order,	34741
which shall state the grounds for disapproval and shall be issued	34742
in accordance with Chapter 119. of the Revised Code.	34743

(D) No evidence of coverage or amendment shall be delivered,	34744
issued for delivery, renewed, or used:	34745

(1) If it contains provisions or statements that are	34746
inequitable, untrue, misleading, or deceptive;	34747

(2) Unless it contains a clear, concise, and complete	34748
statement of the following:	34749

(a) The health care services and insurance or other benefits,	34750
if any, to which an enrollee is entitled under the health care	34751
plan;	34752

(b) Any exclusions or limitations on the health care	34753
services, type of health care services, benefits, or type of	34754
benefits to be provided, including copayments and deductibles;	34755

(c) An enrollee's personal financial obligation for	34756
noncovered services;	34757

(d) Where and in what manner general information and	34758
information as to how health care services may be obtained is	34759
available, including a toll-free telephone number;	34760

(e) The premium rate with respect to individual and	34761
conversion contracts, and relevant copayment and deductible	34762
provisions with respect to all contracts. The statement of the	34763
premium rate, however, may be contained in a separate insert.	34764

(f) The method utilized by the health insuring corporation	34765
for resolving enrollee complaints;	34766

(g) The utilization review, internal review, and external	34767
review procedures established under sections 1751.77 to 1751.83	34768
and Chapter 3922. of the Revised Code.	34769

(3) Unless it provides for the continuation of an enrollee's	34770
coverage, in the event that the enrollee's coverage under the	34771
group policy, contract, certificate, or agreement terminates while	34772
the enrollee is receiving inpatient care in a hospital. This	34773
continuation of coverage shall terminate at the earliest	34774
occurrence of any of the following:	34775

(a) The enrollee's discharge from the hospital;

34776

(b) The determination by the enrollee's attending physician	34777
that inpatient care is no longer medically indicated for the	34778
enrollee; however, nothing in division (D)(3)(b) of this section	34779
precludes a health insuring corporation from engaging in	34780
utilization review as described in the evidence of coverage.	34781

(c) The enrollee's reaching the limit for contractual	34782
benefits;	34783

(d) The effective date of any new coverage.

34784

(4) Unless it contains a provision that states, in substance,	34785
that the health insuring corporation is not a member of any	34786
guaranty fund, and that in the event of the health insuring	34787
corporation's insolvency, an enrollee is protected only to the	34788
extent that the hold harmless provision required by section	34789
1751.13 of the Revised Code applies to the health care services	34790
rendered;	34791

(5) Unless it contains a provision that states, in substance,	34792
that in the event of the insolvency of the health insuring	34793
corporation, an enrollee may be financially responsible for health	34794
care services rendered by a provider or health care facility that	34795
is not under contract to the health insuring corporation, whether	34796
or not the health insuring corporation authorized the use of the	34797
provider or health care facility.	34798

(E) Notwithstanding divisions (C) and (D) of this section, a	34799
health insuring corporation may use an evidence of coverage that	34800
provides for the coverage of beneficiaries enrolled in medicare	34801
pursuant to a medicare contract, or an evidence of coverage that	34802
provides for the coverage of beneficiaries enrolled in the federal	34803
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	34804
an evidence of coverage that provides for the coverage of medicaid	34805
recipients, or an evidence of coverage that provides for the	34806
coverage of beneficiaries under any other federal health care	34807
program regulated by a federal regulatory body, or an evidence of	34808
coverage that provides for the coverage of beneficiaries under any	34809
contract covering officers or employees of the state that has been	34810
entered into by the department of administrative services, if both	34811
of the following apply:	34812

(1) The evidence of coverage has been approved by the United	34813
States department of health and human services, the United States	34814
office of personnel management, the ~~Ohio~~ department of ~~job and~~	34815
~~family services~~medicaid, or the department of administrative	34816
services.	34817

(2) The evidence of coverage is filed with the superintendent	34818
of insurance prior to use and is accompanied by documentation of	34819
approval from the United States department of health and human	34820
services, the United States office of personnel management, the	34821
~~Ohio~~ department of ~~job and family services~~medicaid, or the	34822
department of administrative services.	34823

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	34824
no premium rate for nongroup and conversion policies for health	34825
care services, or any amendment to them, may be used by any health	34826
insuring corporation at any time until the contractual periodic	34827
prepayment and premium rate, or amendment, have been filed with	34828
the superintendent of insurance, and shall not be effective until	34829
the expiration of sixty days after their filing unless the	34830
superintendent sooner gives approval. The filing shall be	34831
accompanied by an actuarial certification in the form prescribed	34832
by the superintendent. The superintendent shall disapprove the	34833
filing, if the superintendent determines within the sixty-day	34834
period that the contractual periodic prepayment or premium rate,	34835
or amendment, is not in accordance with sound actuarial principles	34836
or is not reasonably related to the applicable coverage and	34837
characteristics of the applicable class of enrollees. The	34838
superintendent shall notify the health insuring corporation of the	34839
disapproval, and it shall thereafter be unlawful for the health	34840
insuring corporation to use the contractual periodic prepayment or	34841
premium rate, or amendment.	34842

(2) No contractual periodic prepayment for group policies for	34843
health care services shall be used until the contractual periodic	34844
prepayment has been filed with the superintendent. The filing	34845
shall be accompanied by an actuarial certification in the form	34846
prescribed by the superintendent. The superintendent may reject a	34847
filing made under division (A)(2) of this section at any time,	34848
with at least thirty days' written notice to a health insuring	34849
corporation, if the contractual periodic prepayment is not in	34850
accordance with sound actuarial principles or is not reasonably	34851
related to the applicable coverage and characteristics of the	34852
applicable class of enrollees.	34853

(3) At any time, the superintendent, upon at least thirty	34854
days' written notice to a health insuring corporation, may	34855
withdraw the approval given under division (A)(1) of this section,	34856
deemed or actual, of any contractual periodic prepayment or	34857
premium rate, or amendment, based on information that either of	34858
the following applies:	34859

(a) The contractual periodic prepayment or premium rate, or	34860
amendment, is not in accordance with sound actuarial principles.	34861

(b) The contractual periodic prepayment or premium rate, or	34862
amendment, is not reasonably related to the applicable coverage	34863
and characteristics of the applicable class of enrollees.	34864

(4) Any disapproval under division (A)(1) of this section,	34865
any rejection of a filing made under division (A)(2) of this	34866
section, or any withdrawal of approval under division (A)(3) of	34867
this section, shall be effected by a written notice, which shall	34868
state the specific basis for the disapproval, rejection, or	34869
withdrawal and shall be issued in accordance with Chapter 119. of	34870
the Revised Code.	34871

(B) Notwithstanding division (A) of this section, a health	34872
insuring corporation may use a contractual periodic prepayment or	34873
premium rate for policies used for the coverage of beneficiaries	34874
enrolled in medicare pursuant to a medicare risk contract or	34875
medicare cost contract, or for policies used for the coverage of	34876
beneficiaries enrolled in the federal employees health benefits	34877
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	34878
coverage of medicaid recipients, or for policies used for the	34879
coverage of beneficiaries under any other federal health care	34880
program regulated by a federal regulatory body, or for policies	34881
used for the coverage of beneficiaries under any contract covering	34882
officers or employees of the state that has been entered into by	34883
the department of administrative services, if both of the	34884
following apply:	34885

(1) The contractual periodic prepayment or premium rate has	34886
been approved by the United States department of health and human	34887
services, the United States office of personnel management, the	34888
department of ~~job and family services~~medicaid, or the department	34889
of administrative services.	34890

(2) The contractual periodic prepayment or premium rate is	34891
filed with the superintendent prior to use and is accompanied by	34892
documentation of approval from the United States department of	34893
health and human services, the United States office of personnel	34894
management, the department of ~~job and family services~~medicaid, or	34895
the department of administrative services.	34896

(C) The administrative expense portion of all contractual	34897
periodic prepayment or premium rate filings submitted to the	34898
superintendent for review must reflect the actual cost of	34899
administering the product. The superintendent may require that the	34900
administrative expense portion of the filings be itemized and	34901
supported.	34902

(D)(1) Copayments must be reasonable and must not be a	34903
barrier to the necessary utilization of services by enrollees.	34904

(2) A health insuring corporation, in order to ensure that	34905
copayments are reasonable and not a barrier to the necessary	34906
utilization of basic health care services by enrollees, may do one	34907
of the following:	34908

(a) Impose copayment charges on any single covered basic	34909
health care service that does not exceed forty per cent of the	34910
average cost to the health insuring corporation of providing the	34911
service;	34912

(b) Impose copayment charges that annually do not exceed	34913
twenty per cent of the total annual cost to the health insuring	34914
corporation of providing all covered basic health care services,	34915
including physician office visits, urgent care services, and	34916
emergency health services, when aggregated as to all persons	34917
covered under the filed product in question. In addition, annual	34918
copayment charges as to each enrollee shall not exceed twenty per	34919
cent of the total annual cost to the health insuring corporation	34920
of providing all covered basic health care services, including	34921
physician office visits, urgent care services, and emergency	34922
health services, as to such enrollee. The total annual cost of	34923
providing a health care service is the cost to the health insuring	34924
corporation of providing the health care service to its enrollees	34925
as reduced by any applicable provider discount.	34926

(3) To ensure that copayments are reasonable and not a	34927
barrier to the utilization of basic health care services, a health	34928
insuring corporation may not impose, in any contract year, on any	34929
subscriber or enrollee, copayments that exceed two hundred per	34930
cent of the average annual premium rate to subscribers or	34931
enrollees.	34932

(4) For purposes of division (D) of this section, both of the	34933
following apply:	34934

(a) Copayments imposed by health insuring corporations in	34935
connection with a high deductible health plan that is linked to a	34936
health savings account are reasonable and are not a barrier to the	34937
necessary utilization of services by enrollees.	34938

(b) Divisions (D)(2) and (3) of this section do not apply to	34939
a high deductible health plan that is linked to a health savings	34940
account.	34941

(E) A health insuring corporation shall not impose lifetime	34942
maximums on basic health care services. However, a health insuring	34943
corporation may establish a benefit limit for inpatient hospital	34944
services that are provided pursuant to a policy, contract,	34945
certificate, or agreement for supplemental health care services.	34946

(F) A health insuring corporation may require that an	34947
enrollee pay an annual deductible that does not exceed one	34948
thousand dollars per enrollee or two thousand dollars per family,	34949
except that:	34950

(1) A health insuring corporation may impose higher	34951
deductibles for high deductible health plans that are linked to	34952
health savings accounts;	34953

(2) The superintendent may adopt rules allowing different	34954
annual deductible amounts for plans with a medical savings	34955
account, health reimbursement arrangement, flexible spending	34956
account, or similar account;	34957

(3) A health insuring corporation may impose higher	34958
deductibles under health plans if requested by the group contract,	34959
policy, certificate, or agreement holder, or an individual seeking	34960
coverage under an individual health plan. This shall not be	34961
construed as requiring the health insuring corporation to create	34962
customized health plans for group contract holders or individuals.	34963

(G) As used in this section, "health savings account" and	34964
"high deductible health plan" have the same meanings as in the	34965
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	34966
amended.	34967

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	34968
Revised Code, any policy, contract, or agreement for health care	34969
services authorized by this chapter that is issued, delivered, or	34970
renewed in this state and that provides that coverage of an	34971
unmarried dependent child will terminate upon attainment of the	34972
limiting age for dependent children specified in the policy,	34973
contract, or agreement, shall also provide in substance both of	34974
the following:	34975

(1) Once an unmarried child has attained the limiting age for	34976
dependent children, as provided in the policy, contract, or	34977
agreement, upon the request of the subscriber, the health insuring	34978
corporation shall offer to cover the unmarried child until the	34979
child attains twenty-eight years of age if all of the following	34980
are true:	34981

(a) The child is the natural child, stepchild, or adopted	34982
child of the subscriber.	34983

(b) The child is a resident of this state or a full-time	34984
student at an accredited public or private institution of higher	34985
education.	34986

(c) The child is not employed by an employer that offers any	34987
health benefit plan under which the child is eligible for	34988
coverage.	34989

(d) The child is not eligible for coverage under the medicaid	34990
program ~~established under Chapter 5111. of the Revised Code~~ or the	34991
medicare program ~~established under Title XVIII of the "Social~~	34992
~~Security Act," 42 U.S.C. 1395~~.	34993

(2) That attainment of the limiting age for dependent	34994
children shall not operate to terminate the coverage of a	34995
dependent child if the child is and continues to be both of the	34996
following:	34997

(a) Incapable of self-sustaining employment by reason of	34998
mental retardation or physical handicap;	34999

(b) Primarily dependent upon the subscriber for support and	35000
maintenance.	35001

(B) Proof of incapacity and dependence for purposes of	35002
division (A)(2) of this section shall be furnished to the health	35003
insuring corporation within thirty-one days of the child's	35004
attainment of the limiting age. Upon request, but not more	35005
frequently than annually, the health insuring corporation may	35006
require proof satisfactory to it of the continuance of such	35007
incapacity and dependency.	35008

35009

(1) Require that any policy, contract, or agreement offer	35010
coverage for dependent children or provide coverage for an	35011
unmarried dependent child's children as dependents on the policy,	35012
contract, or agreement;	35013

(2) Require an employer to pay for any part of the premium	35014
for an unmarried dependent child that has attained the limiting	35015
age for dependents, as provided in the policy, contract, or	35016
agreement;	35017

(3) Require an employer to offer health insurance coverage to	35018
the dependents of any employee.	35019

(D) This section does not apply to any health insuring	35020
corporation policy, contract, or agreement offering only	35021
supplemental health care services or specialty health care	35022
services.	35023

(E) As used in this section, "health benefit plan" has the	35024
same meaning as in section 3924.01 of the Revised Code and also	35025
includes both of the following:	35026

(1) A public employee benefit plan;

35027

(2) A health benefit plan as regulated under the "Employee	35028
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	35029

Sec. 1751.271. (A) Each health insuring corporation that	35030
provides coverage to medicaid recipients shall post a performance	35031
bond in the amount of three million dollars as security to fulfill	35032
the obligations of the health insuring corporation to pay claims	35033
of contracted providers for covered health care services provided	35034
to medicaid recipients. The bond shall be payable to the	35035
department of insurance in the event that the health insuring	35036
corporation is placed in rehabilitation or liquidation proceedings	35037
under Chapter 3903. of the Revised Code, and shall become a	35038
special deposit subject to section 3903.14 or 3903.421 of the	35039
Revised Code, as applicable. In lieu of the performance bond, a	35040
medicaid health insuring corporation may deposit securities with	35041
the superintendent of insurance, acceptable to the superintendent,	35042
in the amount of three million dollars, to satisfy the bonding	35043
requirements of this section. Upon rehabilitation or liquidation,	35044
the securities shall become a special deposit subject to sections	35045
3903.14 and 3903.421 of the Revised Code, as applicable. The	35046
health insuring corporation shall receive the interest on the	35047
deposited securities as long as the health insuring corporation	35048
remains solvent.	35049

(B) The bond shall be issued by a surety company licensed	35050
with the department of insurance. The bond or deposit, or any	35051
replacement bond or deposit, shall be in a form acceptable to the	35052
superintendent, and shall remain in effect during the duration of	35053
the medicaid health insuring corporation's license and thereafter	35054
until all claims against the medicaid health insuring corporation	35055
have been paid in full.	35056

(C) Documentation of the bond acceptable to the	35057
superintendent of insurance shall be filed with the superintendent	35058
prior to the issuance of a certificate of authority. Annually,	35059
thirty days prior to the renewal of its certificate of authority,	35060
every medicaid health insuring corporation shall furnish the	35061
superintendent of insurance with evidence that the required bond	35062
is still in effect.	35063

(D) As used in this section:

35064

(1) "Contracted provider" means a provider that has a	35065
contract with a medicaid health insuring corporation to provide	35066
covered health care services to medicaid recipients.	35067

(2) "Medicaid health insuring corporation" means a health	35068
insuring corporation that provides health insurance coverage or	35069
otherwise assumes claims liabilities for medicaid recipients.	35070

(3) "Medicaid recipient" means a person ~~eligible for~~	35071
~~assistance under~~enrolled in the medicaid program ~~operated~~	35072
~~pursuant to Chapter 5111. of the Revised Code~~.	35073

Sec. 1751.31. (A) Any changes in a health insuring	35074
corporation's solicitation document shall be filed with the	35075
superintendent of insurance. The superintendent, within sixty days	35076
of filing, may disapprove any solicitation document or amendment	35077
to it on any of the grounds stated in this section. Such	35078
disapproval shall be effected by written notice to the health	35079
insuring corporation. The notice shall state the grounds for	35080
disapproval and shall be issued in accordance with Chapter 119. of	35081
the Revised Code.	35082

(B) The solicitation document shall contain all information	35083
necessary to enable a consumer to make an informed choice as to	35084
whether or not to enroll in the health insuring corporation. The	35085
information shall include a specific description of the health	35086
care services to be available and the approximate number and type	35087
of full-time equivalent medical practitioners. The information	35088
shall be presented in the solicitation document in a manner that	35089
is clear, concise, and intelligible to prospective applicants in	35090
the proposed service area.	35091

(C) Every potential applicant whose subscription to a health	35092
care plan is solicited shall receive, at or before the time of	35093
solicitation, a solicitation document approved by the	35094
superintendent.	35095

(D) Notwithstanding division (A) of this section, a health	35096
insuring corporation may use a solicitation document that the	35097
corporation uses in connection with policies for medicare	35098
beneficiaries pursuant to a medicare risk contract or medicare	35099
cost contract, or for policies for beneficiaries of the federal	35100
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	35101
for policies for medicaid recipients, or for policies for	35102
beneficiaries of any other federal health care program regulated	35103
by a federal regulatory body, or for policies for beneficiaries of	35104
contracts covering officers or employees of the state entered into	35105
by the department of administrative services, if both of the	35106
following apply:	35107

(1) The solicitation document has been approved by the United	35108
States department of health and human services, the United States	35109
office of personnel management, the department of ~~job and family~~	35110
~~services~~medicaid, or the department of administrative services.	35111

(2) The solicitation document is filed with the	35112
superintendent of insurance prior to use and is accompanied by	35113
documentation of approval from the United States department of	35114
health and human services, the United States office of personnel	35115
management, the department of ~~job and family services~~medicaid, or	35116
the department of administrative services.	35117

(E) No health insuring corporation, or its agents or	35118
representatives, shall use monetary or other valuable	35119
consideration, engage in misleading or deceptive practices, or	35120
make untrue, misleading, or deceptive representations to induce	35121
enrollment. Nothing in this division shall prohibit incentive	35122
forms of remuneration such as commission sales programs for the	35123
health insuring corporation's employees and agents.	35124

(F) Any person obligated for any part of a premium rate in	35125
connection with an enrollment agreement, in addition to any right	35126
otherwise available to revoke an offer, may cancel such agreement	35127
within seventy-two hours after having signed the agreement or	35128
offer to enroll. Cancellation occurs when written notice of the	35129
cancellation is given to the health insuring corporation or its	35130
agents or other representatives. A notice of cancellation mailed	35131
to the health insuring corporation shall be considered to have	35132
been filed on its postmark date.	35133

(G) Nothing in this section shall prohibit healthy lifestyle	35134
programs.	35135

Sec. 1751.60. (A) Except as provided for in divisions (E)	35136
and (F) of this section, every provider or health care facility	35137
that contracts with a health insuring corporation to provide	35138
health care services to the health insuring corporation's	35139
enrollees or subscribers shall seek compensation for covered	35140
services solely from the health insuring corporation and not,	35141
under any circumstances, from the enrollees or subscribers, except	35142
for approved copayments and deductibles.	35143

(B) No subscriber or enrollee of a health insuring	35144
corporation is liable to any contracting provider or health care	35145
facility for the cost of any covered health care services, if the	35146
subscriber or enrollee has acted in accordance with the evidence	35147
of coverage.	35148

(C) Except as provided for in divisions (E) and (F) of this	35149
section, every contract between a health insuring corporation and	35150
provider or health care facility shall contain a provision	35151
approved by the superintendent of insurance requiring the provider	35152
or health care facility to seek compensation solely from the	35153
health insuring corporation and not, under any circumstances, from	35154
the subscriber or enrollee, except for approved copayments and	35155
deductibles.	35156

(D) Nothing in this section shall be construed as preventing	35157
a provider or health care facility from billing the enrollee or	35158
subscriber of a health insuring corporation for noncovered	35159
services.	35160

(E) Upon application by a health insuring corporation and a	35161
provider or health care facility, the superintendent may waive the	35162
requirements of divisions (A) and (C) of this section when, in	35163
addition to the reserve requirements contained in section 1751.28	35164
of the Revised Code, the health insuring corporation provides	35165
sufficient assurances to the superintendent that the provider or	35166
health care facility has been provided with financial guarantees.	35167
No waiver of the requirements of divisions (A) and (C) of this	35168
section is effective as to enrollees or subscribers for whom the	35169
health insuring corporation is compensated under a provider	35170
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	35171
~~or 5115. of the Revised Code~~under the medicaid program.	35172

(F) The requirements of divisions (A) to (C) of this section	35173
apply only to health care services provided to an enrollee or	35174
subscriber prior to the effective date of a termination of a	35175
contract between the health insuring corporation and the provider	35176
or health care facility.	35177

Sec. 1901.10. (A)~~(1)(a)~~ The judges of ~~the~~a municipal court	35178
and officers of the court shall take an oath of office as provided	35179
in section 3.23 of the Revised Code. ~~The~~	35180

(B) The office of judge of ~~the~~a municipal court is subject	35181
to forfeiture, and the judge may be removed from office, for the	35182
causes and by the procedure provided in sections 3.07 to 3.10 of	35183
the Revised Code. A vacancy in the office of judge exists upon the	35184
death, resignation, forfeiture, removal from office, or absence	35185
from official duties for a period of six consecutive months, as	35186
determined under this section, of the judge and also by reason of	35187
the expiration of the term of an incumbent when no successor has	35188
been elected or qualified. ~~The chief justice of the supreme court~~	35189
~~may designate a judge of another municipal court to act until that~~	35190
~~vacancy is filled in accordance with section 107.08 of the Revised~~	35191
~~Code.~~ A vacancy resulting from the absence of a judge from	35192
official duties for a period of six consecutive months shall be	35193
determined and declared by the legislative authority.	35194

~~(b)~~(C)(1) If a vacancy occurs in the office of judge or clerk	35195
of ~~the~~a municipal court after the one-hundredth day before the	35196
first Tuesday after the first Monday in May and prior to the	35197
fortieth day before the day of the general election, all	35198
candidates for election to the unexpired term of the judge or	35199
clerk shall file nominating petitions with the board of elections	35200
not later than four p.m. on the tenth day following the day on	35201
which the vacancy occurs, except that, when the vacancy occurs	35202
fewer than six days before the fortieth day before the general	35203
election, the deadline for filing shall be four p.m. on the	35204
thirty-sixth day before the day of the general election.	35205

~~(c)~~(2) Each nominating petition referred to in division	35206
~~(A)~~(C)(1)~~(b)~~ of this section shall be in the form prescribed in	35207
section 3513.261 of the Revised Code and shall be signed by at	35208
least fifty qualified electors of the territory of the municipal	35209
court. No nominating petition shall be accepted for filing or	35210
filed if it appears on its face to contain signatures aggregating	35211
in number more than twice the minimum aggregate number of	35212
signatures required by this section.	35213

~~(2) If a judge of a municipal court that has only one judge~~	35214
~~is temporarily absent, incapacitated, or otherwise unavailable,~~	35215
~~the judge may appoint a substitute who has the qualifications~~	35216
~~required by section 1901.06 of the Revised Code or a retired judge~~	35217
~~of a court of record who is a qualified elector and a resident of~~	35218
~~the territory of the court. If the judge is unable to make the~~	35219
~~appointment, the chief justice of the supreme court shall appoint~~	35220
~~a substitute. The appointee shall serve during the absence,~~	35221
~~incapacity, or unavailability of the incumbent, shall have the~~	35222
~~jurisdiction and powers conferred upon the judge of the municipal~~	35223
~~court, and shall be styled "acting judge." During that time of~~	35224
~~service, the acting judge shall sign all process and records and~~	35225
~~shall perform all acts pertaining to the office, except that of~~	35226
~~removal and appointment of officers of the court. All courts shall~~	35227
~~take judicial notice of the selection and powers of the acting~~	35228
~~judge. The incumbent judge shall establish the amount of~~	35229
~~compensation of an acting judge upon either a per diem, hourly, or~~	35230
~~other basis, but the rate of pay shall not exceed the per diem~~	35231
~~amount received by the incumbent judge.~~	35232

~~(B) When the volume of cases pending in any municipal court~~	35233
~~necessitates an additional judge, the chief justice of the supreme~~	35234
~~court, upon the written request of the judge or presiding judge of~~	35235
~~that municipal court, may designate a judge of another municipal~~	35236
~~court or county court to serve for any period of time that the~~	35237
~~chief justice may prescribe. The compensation of a judge so~~	35238
~~designated shall be paid from the city treasury or, in the case of~~	35239
~~a county-operated municipal court, from the county treasury. In~~	35240
~~addition to the annual salary provided for in section 1901.11 of~~	35241
~~the Revised Code and in addition to any compensation under~~	35242
~~division (A)(5) or (6) of section 141.04 of the Revised Code to~~	35243
~~which the judge is entitled in connection with the judge's own~~	35244
~~court, a full-time or part-time judge while holding court outside~~	35245
~~the judge's territory on the designation of the chief justice~~	35246
~~shall receive actual and necessary expenses and compensation as~~	35247
~~follows:~~	35248

~~(1) A full-time judge shall receive thirty dollars for each~~	35249
~~day of the assignment.~~	35250

~~(2) A part-time judge shall receive for each day of the~~	35251
~~assignment the per diem compensation of the judges of the court to~~	35252
~~which the judge is assigned, less the per diem amount paid to~~	35253
~~those judges pursuant to section 141.04 of the Revised Code,~~	35254
~~calculated on the basis of two hundred fifty working days per~~	35255
~~year.~~	35256

~~If a request is made by a judge or the presiding judge of a~~	35257
~~municipal court to designate a judge of another municipal court~~	35258
~~because of the volume of cases in the court for which the request~~	35259
~~is made and the chief justice reports, in writing, that no~~	35260
~~municipal or county court judge is available to serve by~~	35261
~~designation, the judges of the court requesting the designation~~	35262
~~may appoint a substitute as provided in division (A)(2) of this~~	35263
~~section, who may serve for any period of time that is prescribed~~	35264
~~by the chief justice. The substitute judge shall be paid in the~~	35265
~~same manner and at the same rate as the incumbent judges, except~~	35266
~~that, if the substitute judge is entitled to compensation under~~	35267
~~division (A)(5) or (6) of section 141.04 of the Revised Code, then~~	35268
~~section 1901.121 of the Revised Code shall govern its payment.~~	35269

Sec. 1901.12. (A) A ~~municipal~~ judge of a municipal court is	35270
entitled to thirty days of vacation in each calendar year. Not	35271
less than two hundred forty days of open session of the municipal	35272
court shall be held by each judge during the year, unless all	35273
business of the court is disposed of sooner.	35274

(B) ~~When a court consists of a single judge, a qualified~~	35275
~~substitute may be appointed in accordance with division (A)(2) of~~	35276
~~section 1901.10 of the Revised Code to serve during the thirty-day~~	35277
~~vacation period, who shall be paid in the same manner and at the~~	35278
~~same rate as the incumbent judge, except that, if the substitute~~	35279
~~judge is entitled to compensation under division (A)(5) or (6) of~~	35280
~~section 141.04 of the Revised Code, then section 1901.121 of the~~	35281
~~Revised Code shall govern its payment.~~ If a municipal court	35282
consists of two or more judges, ~~one of the judges shall be in~~	35283
~~attendance at the court at all times, and~~ the presiding judge	35284
shall have the authority to designate the vacation period for each	35285
judge~~, and when necessary, to appoint a substitute for the judge~~	35286
~~when on vacation or not in attendance~~. ~~If a court consists of more~~	35287
~~than two judges, two-thirds of the court shall be in attendance at~~	35288
~~all times, and the presiding judge shall have authority to~~	35289
~~designate the vacation period of each judge, and, when necessary,~~	35290
~~to appoint a substitute for any judge on vacation or not in~~	35291
~~attendance.~~	35292

Sec. 1901.121. (A)(1) If a vacancy occurs in the office of a	35293
judge of a municipal court that consists of only one judge or if	35294
the judge of a municipal court of that nature is incapacitated or	35295
unavailable due to disqualification, suspension, or recusal, the	35296
chief justice of the supreme court may assign a sitting judge of	35297
another court of record or a retired judge of a court of record to	35298
temporarily serve on the court in accordance with rules adopted by	35299
the supreme court pursuant to division (A)(1) of Section 5 of	35300
Article IV, Ohio Constitution. The assignee shall be styled	35301
"assigned judge" and shall serve for any period of time the chief	35302
justice may prescribe.	35303

(2) If a judge of a municipal court that consists of only one	35304
judge is otherwise temporarily absent for a reason other than as	35305
specified in division (A)(1) of this section, the judge may do	35306
either of the following:	35307

(a) Appoint a substitute who is a resident of the territory	35308
of the court or, if the territory of the court has a population of	35309
less than twenty-five thousand according to the latest federal	35310
decennial census and the judge is unable to appoint a substitute	35311
who is a resident of the territory of the court, appoint a	35312
substitute who is a resident of the territory of a municipal or	35313
county court that is contiguous to the court. The appointee shall	35314
either be admitted to the practice of law in this state and have	35315
been, for a total of at least six years preceding appointment,	35316
engaged in the practice of law in this state or a judge of a court	35317
of record in any jurisdiction in the United States or be a retired	35318
judge of a court of record. The appointee shall be styled "acting	35319
judge" and shall temporarily serve on the court during the	35320
temporary absence of the incumbent judge.	35321

(b) Request the chief justice of the supreme court to assign	35322
a sitting judge of another court of record or a retired judge of a	35323
court of record to temporarily serve on the court in accordance	35324
with rules adopted by the supreme court pursuant to division	35325
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35326
shall be styled "assigned judge" and shall serve for any period of	35327
time the chief justice may prescribe.	35328

(B) If a vacancy occurs in the office of a judge of a	35329
municipal court that consists of two judges or if a judge of a	35330
municipal court of that nature is incapacitated, unavailable, or	35331
temporarily absent, the presiding judge may do either of the	35332
following:	35333

(1) Appoint a substitute who is a resident of the territory	35334
of the court or, if the territory of the court has a population of	35335
less than twenty-five thousand according to the latest federal	35336
decennial census and the judge is unable to appoint a substitute	35337
who is a resident of the territory of the court, appoint a	35338
substitute who is a resident of the territory of a municipal or	35339
county court that is contiguous to the court. The appointee shall	35340
either be admitted to the practice of law in this state and have	35341
been, for a total of at least six years preceding appointment,	35342
engaged in the practice of law in this state or a judge of a court	35343
of record in any jurisdiction in the United States or be a retired	35344
judge of a court of record. The appointee shall be styled "acting	35345
judge" and shall temporarily serve on the court during the vacancy	35346
or the incapacity, unavailability, or temporary absence of the	35347
incumbent judge.	35348

(2) Request the chief justice of the supreme court to assign	35349
a sitting judge of another court of record or a retired judge of a	35350
court of record to temporarily serve on the court in accordance	35351
with rules adopted by the supreme court pursuant to division	35352
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35353
shall be styled "assigned judge" and shall serve for any period of	35354
time the chief justice may prescribe.	35355

(C) If a vacancy occurs in the office of a judge of a	35356
municipal court that consists of three or more judges or if a	35357
judge of a municipal court of that nature is incapacitated,	35358
unavailable, or temporarily absent, the presiding judge may do	35359
either of the following:	35360

(1) If no other judge of the court is available to perform	35361
the duties of the judge, appoint a substitute who is a resident of	35362
the territory of the court. The appointee shall either be admitted	35363
to the practice of law in this state and have been, for a total of	35364
at least six years preceding appointment, engaged in the practice	35365
of law in this state or a judge of a court of record in any	35366
jurisdiction in the United States or be a retired judge of a court	35367
of record. The appointee shall be styled "acting judge" and shall	35368
temporarily serve on the court during the vacancy or the	35369
incapacity, unavailability, or temporary absence of the incumbent	35370
judge.	35371

(2) Request the chief justice of the supreme court to assign	35372
a sitting judge of another court of record or a retired judge of a	35373
court of record to temporarily serve on the court in accordance	35374
with rules adopted by the supreme court pursuant to division	35375
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35376
shall be styled "assigned judge" and shall serve for any period of	35377
time the chief justice may prescribe.	35378

(D) When the volume of cases pending in any municipal court	35379
necessitates an additional judge, the judge, if the court consists	35380
of a single judge, or the presiding judge, if the court consists	35381
of two or more judges, may request the chief justice of the	35382
supreme court to assign a sitting judge of another court of record	35383
or a retired judge of a court of record to temporarily serve on	35384
the court in accordance with rules adopted by the supreme court	35385
pursuant to division (A)(1) of Section 5 of Article IV, Ohio	35386
Constitution. The appointee shall be styled "assigned judge" and	35387
shall serve for any period of time the chief justice may	35388
prescribe.	35389

(E) An acting judge appointed pursuant to division (A)(2)(a),	35390
(B)(1), or (C)(1) of this section and an assigned judge assigned	35391
pursuant to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of	35392
this section shall have the jurisdiction and adjudicatory powers	35393
conferred upon the judge of the municipal court. During the time	35394
of service, the acting judge or assigned judge shall sign all	35395
process and records and shall perform all acts pertaining to the	35396
office, except that of removal and appointment of officers of the	35397
municipal court. All courts shall take judicial notice of the	35398
selection and powers of the acting judge or assigned judge.	35399

Sec. 1901.122. (A)(1) An acting judge appointed pursuant to	35400
division (A)(2)(a), (B)(1), or (C)(1) of section 1901.121 of the	35401
Revised Code shall receive reimbursement for actual and necessary	35402
expenses and a per diem compensation established by the incumbent	35403
judge, subject to the following limitations:	35404

(a) If the incumbent judge receives compensation as described	35405
in division (A)(5) of section 141.04 of the Revised Code, the per	35406
diem compensation of the acting judge shall not exceed the per	35407
diem compensation paid to the incumbent judge based upon a work	35408
year of two hundred fifty days.	35409

(b) If the incumbent judge receives compensation as described	35410
in division (A)(6) of section 141.04 of the Revised Code, the per	35411
diem compensation of the acting judge shall not exceed the per	35412
diem compensation paid to the incumbent judge based upon a work	35413
year of one hundred thirty days.	35414

(2) The per diem compensation of the acting judge shall be	35415
payable in the same manner as the compensation paid to the	35416
incumbent judge during the same period.	35417

(B) An assigned judge assigned pursuant to division (A)(1),	35418
(A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the	35419
Revised Code shall receive reimbursement for actual and necessary	35420
expenses and a per diem compensation computed as follows:	35421

(1) If the assigned judge receives compensation as described	35422
in division (A)(5) of section 141.04 of the Revised Code, thirty	35423
dollars;	35424

(2) If the assigned judge receives compensation as described	35425
in division (A)(6) of section 141.04 of the Revised Code, the per	35426
diem compensation of a judge of a municipal court compensated as	35427
described in division (A)(5) of section 141.04 of the Revised	35428
Code, less the per diem compensation of the assigned judge, each	35429
calculated on the basis of two hundred fifty working days per	35430
year;	35431

(3) If the assigned judge is a retired judge of a municipal	35432
or county court or a court of common pleas, the established per	35433
diem compensation for a judge of a municipal court compensated as	35434
described in division (A)(5) of section 141.04 of the Revised	35435
Code, calculated on the basis of two hundred fifty working days	35436
per year, in addition to any retirement benefits to which the	35437
assigned judge may be entitled;	35438

(4) If the assigned judge is a sitting judge of the court of	35439
appeals or a court of common pleas, fifty dollars.	35440

Sec. 1901.123. (A)(1) Subject to reimbursement under	35441
division (B) of this section, the treasurer of the county in which	35442
a county-operated municipal court or other municipal court is	35443
located shall pay the per diem compensation to which an acting	35444
judge appointed pursuant to division (A)(2)(a), (B)(1), or (C)(1)	35445
of section 1901.121 of the Revised Code is entitled pursuant to	35446
division (A)(1) of section 1901.122 of the Revised Code.	35447

(2) Subject to reimbursement under division (B) of this	35448
section, the treasurer of the county in which a county-operated	35449
municipal court or other municipal court is located shall pay the	35450
per diem compensation to which an assigned judge assigned pursuant	35451
to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of section	35452
1901.121 of the Revised Code is entitled pursuant to division (B)	35453
of section 1901.122 of the Revised Code.	35454

(B) The treasurer of a county that, pursuant to division (A)	35455
of this section, is required to pay any compensation to which an	35456
acting judge or assigned judge is entitled under division (A)(5)	35457
or (6) of section 141.04 of the Revised Code, shall submit to the	35458
administrative director of the supreme court quarterly requests	35459
for reimbursements of the per diem amounts so paid. The requests	35460
shall include verifications of the payment of those amounts and an	35461
affidavit from the acting judge or assigned judge stating the days	35462
and hours worked. The administrative director shall cause	35463
reimbursements of those amounts to be issued to the county if the	35464
administrative director verifies that those amounts were, in fact,	35465
so paid.	35466

Sec. 1901.33. (A) The judge or judges of a municipal court	35467
may appoint one or more interpreters, one or more mental health	35468
professionals, one or more probation officers, an assignment	35469
commissioner, deputy assignment commissioners, and other court	35470
aides on a full-time, part-time, hourly, or other basis. Each	35471
appointee shall receive the compensation out of the city treasury	35472
that the legislative authority prescribes in either biweekly	35473
installments or semimonthly installments, as determined by the	35474
payroll administrator, except that in a county-operated municipal	35475
court they shall receive the compensation out of the treasury of	35476
the county in which the court is located that the board of county	35477
commissioners prescribes. Probation officers have all the powers	35478
of regular police officers and shall perform any duties that are	35479
designated by the judge or judges of the court. Assignment	35480
commissioners shall assign cases for trial and perform any other	35481
duties that the court directs.	35482

The judge or judges may appoint one or more typists,	35483
~~stenographers,~~ statistical clerks, and official court reporters,	35484
each of whom shall be paid the compensation out of the city	35485
treasury that the legislative authority prescribes, except that in	35486
a county-operated municipal court they shall be paid the	35487
compensation out of the treasury of the county in which the court	35488
is located that the board of county commissioners prescribes. The	35489
cost of transcripts shall be determined as provided in section	35490
2301.25 of the Revised Code.	35491

(B) If a municipal court appoints one or more probation	35492
officers, those officers shall constitute the municipal court	35493
department of probation unless the court designates other	35494
employees as the department of probation for the court.	35495

(C) The chief probation officer may grant permission to a	35496
probation officer to carry firearms when required in the discharge	35497
of the probation officer's official duties if the probation	35498
officer has successfully completed a basic firearm training	35499
program that is approved by the executive director of the Ohio	35500
peace officer training commission. A probation officer who has	35501
been granted permission to carry a firearm in the discharge of the	35502
probation officer's official duties annually shall successfully	35503
complete a firearms requalification program in accordance with	35504
section 109.801 of the Revised Code.	35505

(D) The judge or judges of a municipal court in which the	35506
clerk of the court is elected as provided in division (A)(1)(a) or	35507
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may	35508
appoint an administrative assistant. The administrative assistant	35509
shall have charge of personnel related matters of the court and	35510
shall perform any other administrative duties assigned by the	35511
court. The administrative assistant shall receive the compensation	35512
out of the city treasury that the court prescribes, except that,	35513
in a county-operated municipal court, the administrative assistant	35514
shall receive the compensation out of the treasury of the county	35515
in which the court is located that the court prescribes.	35516

Sec. 1907.14. (A) A judge of a county court shall take an	35517
oath of office as provided in section 3.23 of the Revised Code,	35518
~~the~~.	35519

(B) The office of judge of a county court is subject to	35520
forfeiture, and a judge may be removed from office, for the causes	35521
and by the procedure provided in sections 3.07 to 3.10 of the	35522
Revised Code.	35523

~~When a judge of a county court is temporarily absent,~~	35524
~~incapacitated, or otherwise unavailable, the judge may appoint a~~	35525
~~substitute having the qualifications required by section 1907.13~~	35526
~~of the Revised Code or may appoint a retired judge of a court of~~	35527
~~record in the state who is a qualified elector and a resident of~~	35528
~~the county court district. If the judge is unable to make the~~	35529
~~appointment, the administrative judge of the county court district~~	35530
~~or the administrative judge of the court of common pleas of the~~	35531
~~county shall appoint the substitute. The appointee shall serve~~	35532
~~during the absence, incapacity, or unavailability of the~~	35533
~~incumbent, shall have the jurisdiction and powers conferred upon~~	35534
~~the judge of the county court, and shall be styled "acting judge."~~	35535
~~During that term of service, the acting judge shall sign all~~	35536
~~process and records and perform all acts pertaining to the office~~	35537
~~except that of removal and appointment of officers of the court.~~	35538
~~All courts shall take judicial notice of the selection and powers~~	35539
~~of the acting judge. The incumbent judge shall establish the~~	35540
~~amount of the compensation of an acting judge on a per diem,~~	35541
~~hourly, or other basis, and the compensation shall not exceed the~~	35542
~~per diem compensation paid to the incumbent judge based upon a~~	35543
~~work year of one hundred thirty days. The compensation shall be~~	35544
~~payable in the same manner as the compensation paid to the~~	35545
~~incumbent judge during the same period.~~	35546

Sec. 1907.141. (A)(1) If a vacancy occurs in the office of a	35547
judge of a county court that consists of only one judge or if the	35548
judge of a county court of that nature is incapacitated or	35549
unavailable due to disqualification, suspension, or recusal, the	35550
chief justice of the supreme court may assign a sitting judge of	35551
another court of record or a retired judge of a court of record to	35552
temporarily serve on the court in accordance with rules adopted by	35553
the supreme court pursuant to division (A)(1) of Section 5 of	35554
Article IV, Ohio Constitution. The assignee shall be styled	35555
"assigned judge" and shall serve for any period of time the chief	35556
justice may prescribe.	35557

(2) If a judge of a county court that consists of only one	35558
judge is temporarily absent for a reason other than as specified	35559
in division (A)(1) of this section, the judge may do either of the	35560
following:	35561

(a) Appoint a substitute who is a resident of the territory	35562
of the court or, if the territory of the court has a population of	35563
less than twenty-five thousand according to the latest federal	35564
decennial census and the judge is unable to appoint a substitute	35565
who is a resident of the territory of the court, appoint a	35566
substitute who is a resident of the territory of a municipal or	35567
county court that is contiguous to the court. The appointee shall	35568
either be admitted to the practice of law in this state and have	35569
been, for a total of at least six years preceding appointment,	35570
engaged in the practice of law in this state or a judge of a court	35571
of record in any jurisdiction in the United States or be a retired	35572
judge of a court of record. The appointee shall be styled "acting	35573
judge" and shall temporarily serve on the court during the	35574
temporary absence of the incumbent judge.	35575

(b) Request the chief justice of the supreme court to assign	35576
a sitting judge of another court of record or a retired judge of a	35577
court of record to temporarily serve on the court in accordance	35578
with rules adopted by the supreme court pursuant to division	35579
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35580
shall be styled "assigned judge" and shall serve for any period of	35581
time the chief justice may prescribe.	35582

(B) If a vacancy occurs in the office of a judge of a county	35583
court that consists of two judges or if a judge of a county court	35584
of that nature is incapacitated, unavailable, or temporarily	35585
absent, the presiding judge may do either of the following:	35586

(1) Appoint a substitute who is a resident of the territory	35587
of the court or, if the territory of the court has a population of	35588
less than twenty-five thousand according to the latest federal	35589
decennial census and the judge is unable to appoint a substitute	35590
who is a resident of the territory of the court, appoint a	35591
substitute who is a resident of the territory of a municipal or	35592
county court that is contiguous to the court. The appointee shall	35593
either be admitted to the practice of law in this state and have	35594
been, for a total of at least six years preceding appointment,	35595
engaged in the practice of law in this state or a judge of a court	35596
of record in any jurisdiction in the United States or be a retired	35597
judge of a court of record. The appointee shall be styled "acting	35598
judge" and shall temporarily serve on the court during the vacancy	35599
or the incapacity, unavailability, or temporary absence of the	35600
incumbent judge.	35601

(2) Request the chief justice of the supreme court to assign	35602
a sitting judge of another court of record or a retired judge of a	35603
court of record to temporarily serve on the court in accordance	35604
with rules adopted by the supreme court pursuant to division	35605
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35606
shall be styled "assigned judge" and shall serve for any period of	35607
time the chief justice may prescribe.	35608

(C) If a vacancy occurs in the office of a judge of a county	35609
court that consists of three or more judges or if a judge of a	35610
county court of that nature is incapacitated, unavailable, or	35611
temporarily absent, the presiding judge may do either of the	35612
following:	35613

(1) If no other judge of the court is available to perform	35614
the duties of the judge, appoint a substitute who is a resident of	35615
the territory of the court. The appointee shall either be admitted	35616
to the practice of law in this state and have been, for a total of	35617
at least six years preceding appointment, engaged in the practice	35618
of law in this state or a judge of a court of record in any	35619
jurisdiction in the United States or be a retired judge of a court	35620
of record. The appointee shall be styled "acting judge" and shall	35621
temporarily serve on the court during the vacancy or the	35622
incapacity, unavailability, or temporary absence of the incumbent	35623
judge.	35624

(2) Request the chief justice of the supreme court to assign	35625
a sitting judge of another court of record or a retired judge of a	35626
court of record to temporarily serve on the court in accordance	35627
with rules adopted by the supreme court pursuant to division	35628
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35629
shall be styled "assigned judge" and shall serve for any period of	35630
time the chief justice may prescribe	35631

(D) An acting judge appointed pursuant to division (A)(2)(a),	35632
(B)(1), or (C)(1) of this section and an assigned judge assigned	35633
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of this	35634
section shall have the jurisdiction and adjudicatory powers	35635
conferred upon the judge of the county court. During the time of	35636
service, the acting judge or assigned judge shall sign all process	35637
and records and shall perform all acts pertaining to the office,	35638
except that of removal and appointment of officers of the court.	35639
All courts shall take judicial notice of the selection and powers	35640
of the acting judge or assigned judge.	35641

Sec. 1907.142. (A) An acting judge appointed pursuant to	35642
division (A)(2)(a), (B)(1), or (C)(1) of section 1907.141 of the	35643
Revised Code shall receive reimbursement for actual and necessary	35644
expenses and a per diem compensation established by the incumbent	35645
judge, provided the per diem compensation of the acting judge	35646
shall not exceed the per diem compensation paid to the incumbent	35647
judge based upon a work year of one hundred thirty days. The per	35648
diem compensation of the acting judge shall be payable in the same	35649
manner as the compensation paid to the incumbent judge during the	35650
same period.	35651

(B) An assigned judge assigned pursuant to division (A)(1),	35652
(A)(2)(b), (B)(2), or (C)(2) of section 1907.141 of the Revised	35653
Code shall receive reimbursement for actual and necessary expenses	35654
and a per diem compensation computed as follows:	35655

(1) If the assigned judge receives compensation as described	35656
in division (A)(5) of section 141.04 of the Revised Code, thirty	35657
dollars;	35658

(2) If the assigned judge receives compensation as described	35659
in division (A)(6) of section 141.04 of the Revised Code, the per	35660
diem compensation of a judge of a municipal court compensated as	35661
described in division (A)(5) of section 141.04 of the Revised	35662
Code, less the per diem compensation of the assigned judge, each	35663
calculated on the basis of two hundred fifty working days per	35664
year;	35665

(3) If the assigned judge is a retired judge of a municipal	35666
or county court or a court of common pleas, the established per	35667
diem compensation for a judge of a municipal court compensated as	35668
described in division (A)(5) of section 141.04 of the Revised	35669
Code, calculated on the basis of two hundred fifty working days	35670
per year, in addition to any retirement benefits to which the	35671
assigned judge may be entitled;	35672

(4) If the assigned judge is a sitting judge of the court of	35673
appeals or a court of common pleas, fifty dollars.	35674

Sec. 1907.143. (A)(1) Subject to reimbursement under	35675
division (B) of this section, the treasurer of the county in which	35676
a county court is located shall pay the per diem compensation to	35677
which an acting judge appointed pursuant to division (A)(2)(b),	35678
(B)(1), or (C)(1) of section 1907.141 of the Revised Code is	35679
entitled pursuant to division (A) of section 1907.142 of the	35680
Revised Code.	35681

(2) Subject to reimbursement under division (B) of this	35682
section, the treasurer of the county in which a county court is	35683
located shall pay the per diem compensation to which an assigned	35684
judge assigned pursuant to division (A)(1), (A)(2)(b), (B)(2), or	35685
(C)(2) of section 1907.141 of the Revised Code is entitled	35686
pursuant to division (B) of section 1907.142 of the Revised Code.	35687

(B) The treasurer of a county that, pursuant to division (A)	35688
of this section, is required to pay any compensation to which an	35689
acting judge or assigned judge is entitled under division (A)(5)	35690
or (6) of section 141.04 of the Revised Code, shall submit to the	35691
administrative director of the supreme court quarterly requests	35692
for reimbursements of the per diem amounts so paid. The requests	35693
shall include verifications of the payment of those amounts and an	35694
affidavit from the acting judge or assigned judge stating the days	35695
and hours worked. The administrative director shall cause	35696
reimbursements of those amounts to be issued to the county if the	35697
administrative director verifies that those amounts were, in fact,	35698
so paid.	35699

Sec. 1923.14. (A) Except as otherwise provided in this	35700
section, within ten days after receiving a writ of execution	35701
described in division (A) or (B) of section 1923.13 of the Revised	35702
Code, the sheriff, police officer, constable, or bailiff shall	35703
execute it by restoring the plaintiff to the possession of the	35704
premises, and shall levy and collect the costs and make return, as	35705
upon other executions. If an appeal from the judgment of	35706
restitution is filed and if, following the filing of the appeal, a	35707
stay of execution is obtained and any required bond is filed with	35708
the court of common pleas, municipal court, or county court, the	35709
judge of that court immediately shall issue an order to the	35710
sheriff, police officer, constable, or bailiff commanding the	35711
delay of all further proceedings upon the execution. If the	35712
premises have been restored to the plaintiff, the sheriff, police	35713
officer, constable, or bailiff shall forthwith place the defendant	35714
in possession of them, and return the writ with the sheriff's,	35715
police officer's, constable's, or bailiff's proceedings and the	35716
costs taxed on it.	35717

(B)(1) After a court of common pleas, municipal court, or	35718
county court issues a writ of execution described in division (B)	35719
of section 1923.13 of the Revised Code, the clerk of the court	35720
shall send by regular mail, to the last known address of the	35721
titled owner of the manufactured home, mobile home, or	35722
recreational vehicle that is the subject of the writ and to the	35723
last known address of each other person who is listed on the writ	35724
as having any outstanding right, title, or interest in the home,	35725
vehicle, or personal property and to the auditor and treasurer of	35726
the county in which the court is located, a written notice that	35727
the home or vehicle potentially may be sold, destroyed, or have	35728
its title transferred under the circumstances described in	35729
division (B)(3) or (4) of this section.	35730

(2) Except as otherwise provided in this division, after	35731
receiving a writ of execution described in division (B) of section	35732
1923.13 of the Revised Code, and after causing the defendant to be	35733
removed from the residential premises of the manufactured home	35734
park, if necessary, in accordance with the writ, the sheriff,	35735
police officer, constable, or bailiff may cause the manufactured	35736
home, mobile home, or recreational vehicle that is the subject of	35737
the writ, and all personal property on the residential premises,	35738
at the sheriff's, police officer's, constable's, or bailiff's	35739
option, either to be removed from the manufactured home park and,	35740
if necessary, moved to a storage facility of the sheriff's, police	35741
officer's, constable's, or bailiff's choice, or to be retained at	35742
their current location on the residential premises, until they are	35743
claimed by the defendant or they are disposed of in a manner	35744
authorized by division (B)(3), (4), or (6) of this section or by	35745
another section of the Revised Code. The sheriff, police officer,	35746
constable, or bailiff shall not cause the manufactured home,	35747
mobile home, or recreational vehicle that is the subject of the	35748
writ, or the personal property, to be removed from the	35749
manufactured home park or moved to a storage facility if the	35750
holder of any outstanding lien, right, title, or interest in the	35751
home or vehicle, other than the titled owner of the home or	35752
vehicle, meets the conditions set forth in division (B)(6) or (7)	35753
of this section.	35754

The sheriff, police officer, constable, or bailiff who	35755
removes the manufactured home, mobile home, or recreational	35756
vehicle, or the abandoned personal property, from the residential	35757
premises shall be immune from civil liability pursuant to section	35758
2744.03 of the Revised Code for any damage caused to the home,	35759
vehicle, or any personal property during the removal. The park	35760
operator shall not be liable for any damage caused by the park	35761
operator's removal of the manufactured home, mobile home, or	35762
recreational vehicle or the removal of the personal property from	35763
the residential premises, or for any damage to the home, vehicle,	35764
or personal property during the time the home, vehicle, or	35765
property remains abandoned or stored in the manufactured home	35766
park, unless the damage is the result of acts that the park	35767
operator or the park operator's agents or employees performed with	35768
malicious purpose, in bad faith, or in a wanton or reckless	35769
manner. The reasonable costs for a removal of the manufactured	35770
home, mobile home, or recreational vehicle and personal property	35771
and, as applicable, the reasonable costs for its storage shall	35772
constitute a lien upon the home or vehicle payable by the titled	35773
owner of the home or vehicle or payable pursuant to division	35774
(B)(3) of this section.	35775

(3) Except as provided in divisions (B)(4), (5), and (6) of	35776
this section and division (D) of section 1923.12 of the Revised	35777
Code, within sixty days after receiving a writ of execution	35778
described in division (B) of section 1923.13 of the Revised Code,	35779
the sheriff, police officer, constable, or bailiff shall commence	35780
proceedings for the sale of the manufactured home, mobile home, or	35781
recreational vehicle that is the subject of the writ, and the	35782
abandoned personal property on the residential premises, if the	35783
home or vehicle is determined to be abandoned in accordance with	35784
the procedures for the sale of goods on execution under Chapter	35785
2329. of the Revised Code. In addition to all notices required to	35786
be given under section 2329.13 of the Revised Code, the sheriff,	35787
police officer, constable, or bailiff shall serve at their	35788
respective last known addresses a written notice of the date,	35789
time, and place of the sale upon all persons who are listed on the	35790
writ of execution as having any outstanding right, title, or	35791
interest in the abandoned manufactured home, mobile home, or	35792
recreational vehicle and the personal property and shall provide	35793
written notice to the auditor and the treasurer of the county in	35794
which the court issuing the writ is located.	35795

Unless the proceedings are governed by division (D) of	35796
section 1923.12 of the Revised Code, notwithstanding any statutory	35797
provision to the contrary, including, but not limited to, section	35798
2329.66 of the Revised Code, there shall be no stay of execution	35799
or exemption from levy or sale on execution available to the	35800
titled owner of the abandoned manufactured home, mobile home, or	35801
recreational vehicle in relation to a sale under this division.	35802
Except as otherwise provided in sections 2113.031, 2117.25, and	35803
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	35804
resident or resident's estate, the sheriff, police officer,	35805
constable, or bailiff shall distribute the proceeds from the sale	35806
of an abandoned manufactured home, mobile home, or recreational	35807
vehicle and any personal property under this division in the	35808
following manner:	35809

(a) The sheriff, police officer, constable, or bailiff shall	35810
first pay the costs for any moving of and any storage outside the	35811
manufactured home park of the home or vehicle and any personal	35812
property pursuant to division (B)(2) of this section, the costs of	35813
the sale, including reimbursing the park operator for the deposit	35814
that the park operator paid to the clerk of court under division	35815
(C) of section 1923.12 of the Revised Code, and any unpaid court	35816
costs assessed against the defendant in the underlying action.	35817

(b) Following the payment required by division (B)(3)(a) of	35818
this section, the sheriff, police officer, constable, or bailiff	35819
shall pay all outstanding tax liens on the home or vehicle.	35820

(c) Following the payment required by division (B)(3)(b) of	35821
this section, the sheriff, police officer, constable, or bailiff	35822
shall pay all other outstanding security interests, liens, or	35823
encumbrances on the home or vehicle by priority of filing or other	35824
priority.	35825

(d) Following the payment required by division (B)(3)(c) of	35826
this section, the sheriff, police officer, constable, or bailiff	35827
shall pay any outstanding monetary judgment rendered under section	35828
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	35829
and any costs associated with retaining the home or vehicle prior	35830
to the sale at its location on the residential premises within the	35831
manufactured home park pursuant to division (B)(2) of this	35832
section.	35833

(e) After complying with divisions (B)(3)(a) to (d) of this	35834
section, the sheriff, police officer, constable, or bailiff shall	35835
report any remaining money as unclaimed funds pursuant to Chapter	35836
169. of the Revised Code.	35837

Upon the return of any writ of execution for the satisfaction	35838
of which an abandoned manufactured home, mobile home, or	35839
recreational vehicle has been sold under this division, on careful	35840
examination of the proceedings of the sheriff, police officer,	35841
constable, or bailiff conducting the sale, if the court that	35842
issued the writ finds that the sale was made, in all respects, in	35843
conformity with the relevant provisions of Chapter 2329. of the	35844
Revised Code and with this division, it shall direct the clerk of	35845
the court to make an entry on the journal that the court is	35846
satisfied with the legality of the sale and the court shall direct	35847
the clerk of the court of common pleas of the county in which the	35848
writ was issued to issue a certificate of title, free and clear of	35849
all security interests, liens, and encumbrances, to the purchaser	35850
of the home or vehicle. The clerk of the court of common pleas	35851
shall issue the new certificate of title to the purchaser of the	35852
home or vehicle regardless of whether the writ was issued by the	35853
court of common pleas or another court duly authorized to issue	35854
the writ. If the manufactured home, mobile home, or recreational	35855
vehicle sold under this division is located in a manufactured home	35856
park, the purchaser of the home or vehicle shall have no right to	35857
maintain the home or vehicle in the manufactured home park without	35858
the park operator's consent and the sheriff, police officer,	35859
constable, or bailiff conducting the sale shall notify all	35860
prospective purchasers of this fact prior to the commencement of	35861
the sale.	35862

If, after it is offered for sale on two occasions under this	35863
division, the abandoned manufactured home, mobile home, or	35864
recreational vehicle cannot be sold due to a want of bidders, the	35865
sheriff, police officer, constable, or bailiff shall present the	35866
writ of execution unsatisfied to the clerk of the court of common	35867
pleas of the county in which the writ was issued for the issuance	35868
by the clerk in the manner prescribed in section 4505.10 of the	35869
Revised Code of a certificate of title transferring the title of	35870
the home or vehicle to the plaintiff, free and clear of all	35871
security interests, liens, and encumbrances. The clerk of the	35872
court of common pleas shall issue the new certificate of title	35873
transferring the title of the manufactured home, mobile home, or	35874
recreational vehicle to the plaintiff regardless of whether the	35875
writ was issued by the court of common pleas or another court duly	35876
authorized to issue the writ. If any taxes are owed on the home or	35877
vehicle at this time, the county auditor shall remove the	35878
delinquent taxes from the manufactured home tax list and the	35879
delinquent manufactured home tax list and remit any penalties for	35880
late payment of manufactured home taxes. Acceptance of the	35881
certificate of title by the plaintiff terminates all further	35882
proceedings under this section.	35883

(4) Except as provided in division (B)(5) or (6) of this	35884
section and division (D) of section 1923.12 of the Revised Code,	35885
within sixty days after receiving a writ of execution described in	35886
division (B) of section 1923.13 of the Revised Code, if the	35887
manufactured home, mobile home, or recreational vehicle is	35888
determined to be abandoned and to have a value of less than three	35889
thousand dollars, the sheriff, police officer, constable, or	35890
bailiff shall serve at their respective last known addresses a	35891
written notice of potential action as described in this division	35892
upon all persons who are listed on the writ as having any	35893
outstanding right, title, or interest in the home or vehicle. This	35894
notice shall be in addition to all notices required to be given	35895
under section 2329.13 of the Revised Code. Subject to the	35896
fulfillment of these notice requirements, the sheriff, police	35897
officer, constable, or bailiff shall take one of the following	35898
actions with respect to the abandoned manufactured home, mobile	35899
home, or recreational vehicle:	35900

(a) Cause its destruction if there is no person having an	35901
outstanding right, title, or interest in the home or vehicle,	35902
other than the titled owner of the home or vehicle;	35903

(b) Proceed with its sale under division (B)(3) of this	35904
section;	35905

(c) If there is no person having an outstanding right, title,	35906
or interest in the home or vehicle other than the titled owner of	35907
the home or vehicle, or if there is an outstanding right, title,	35908
or interest in the home or vehicle and the lienholder consents in	35909
writing, present the writ of execution to the clerk of the court	35910
of common pleas of the county in which the writ was issued for the	35911
issuance by the clerk in the manner prescribed in section 4505.10	35912
of the Revised Code of a certificate of title transferring the	35913
title of the home or vehicle to the plaintiff, free and clear of	35914
all security interests, liens, and encumbrances. The clerk of the	35915
court of common pleas shall issue the new certificate of title	35916
transferring the title of the home or vehicle regardless of	35917
whether the writ was issued by the court of common pleas or	35918
another court duly authorized to issue the writ. If any taxes are	35919
owed on the home or vehicle at this time, the county auditor shall	35920
remove the delinquent taxes from the manufactured home tax list	35921
and the delinquent manufactured home tax list and remit any	35922
penalties for late payment of manufactured home taxes. Acceptance	35923
of the certificate of title by the plaintiff terminates all	35924
further proceedings under this section.	35925

(5) At any time prior to the issuance of the writ of	35926
execution described in division (B) of section 1923.13 of the	35927
Revised Code, the titled owner of the manufactured home, mobile	35928
home, or recreational vehicle that would be the subject of the	35929
writ may remove the abandoned home or vehicle from the	35930
manufactured home park or other place of storage upon payment to	35931
the county auditor of all outstanding tax liens on the home or	35932
vehicle and, unless the owner is indigent, payment to the clerk of	35933
court of all unpaid court costs assessed against the defendant in	35934
the underlying action. After the issuance of the writ of	35935
execution, the titled owner of the home or vehicle may remove the	35936
abandoned home or vehicle from the manufactured home park or other	35937
place of storage at any time up to the day before the scheduled	35938
sale, destruction, or transfer of the home or vehicle pursuant to	35939
division (B)(3) or (4) of this section upon payment of all of the	35940
following:	35941

(a) All costs for moving and storage of the home or vehicle	35942
pursuant to division (B)(2) of this section and all costs incurred	35943
by the sheriff, police officer, constable, or bailiff up to and	35944
including the date of the removal of the home or vehicle;	35945

(b) All outstanding tax liens on the home or vehicle;

35946

(c) Unless the owner is indigent, all unpaid court costs	35947
assessed against the defendant in the underlying action.	35948

(6) At any time after the issuance of the writ of execution	35949
described in division (B) of section 1923.13 of the Revised Code,	35950
the holder of any outstanding lien, right, title, or interest in	35951
the manufactured home, mobile home, or recreational vehicle, other	35952
than the titled owner of the home or vehicle, may stop the	35953
sheriff, police officer, constable, or bailiff from proceeding	35954
with the sale under this division by doing both of the following:	35955

(a) Commencing a proceeding to repossess the home or vehicle	35956
pursuant to Chapters 1309. and 1317. of the Revised Code;	35957

(b) Paying to the park operator all monthly rental payments	35958
for the lot on which the home or vehicle is located from the time	35959
of the issuance of the writ of execution until the time that the	35960
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	35961
the Revised Code.	35962

(7)(a) At any time prior to the day before the scheduled sale	35963
of the property pursuant to division (B)(3) of this section, the	35964
defendant may remove any personal property of the defendant from	35965
the abandoned home or vehicle or other place of storage.	35966

(b) If personal property owned by a person other than the	35967
defendant is abandoned on the residential premises and has not	35968
previously been removed, the owner of the personal property may	35969
remove the personal property from the abandoned home or vehicle or	35970
other place of storage up to the day before the scheduled sale of	35971
the property pursuant to division (B)(3) of this section upon	35972
presentation of proof of ownership of the property that is	35973
satisfactory to the sheriff, police officer, constable, or bailiff	35974
conducting the sale.	35975

Sec. 2101.026. (A) The probate court of Franklin county may	35976
accept funds or other program assistance from the board of	35977
alcohol, drug addiction, and mental health services of Franklin	35978
county or the Franklin county board of developmental disabilities.	35979
Any funds received by the probate court of Franklin county under	35980
this division shall be paid into the treasury of Franklin county	35981
and credited to a fund to be known as the Franklin county probate	35982
court mental health fund.	35983

(B) The moneys in the Franklin county probate court mental	35984
health fund shall be used for services to help ensure the	35985
treatment of any person who is under the care of the board of	35986
alcohol, drug addiction, and mental health services of Franklin	35987
county or the Franklin county board of developmental disabilities.	35988
These services include, but are not limited to, involuntary	35989
commitment proceedings and the establishment and management of	35990
adult guardianships, including all associated expenses, for wards	35991
who are under the care of the board of alcohol, drug addiction,	35992
and mental health services of Franklin county or the Franklin	35993
county board of developmental disabilities.	35994

(C) If the judge of the probate court of Franklin county	35995
determines that some of the moneys in the Franklin county probate	35996
court mental health fund are needed for the efficient operation of	35997
that court, the moneys may be used for the acquisition of	35998
equipment, the hiring and training of staff, community services	35999
programs, volunteer guardianship training services, the employment	36000
of magistrates, and other related services.	36001

Sec. 2101.08. The probate judge may appoint court reporters	36002
and fix their compensation in the manner provided for the court of	36003
common pleas in sections 2301.18 to ~~2301.26~~2301.25 of the Revised	36004
Code.	36005

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	36006
the probate court has exclusive jurisdiction:	36007

(a) To take the proof of wills and to admit to record	36008
authenticated copies of wills executed, proved, and allowed in the	36009
courts of any other state, territory, or country. If the probate	36010
judge is unavoidably absent, any judge of the court of common	36011
pleas may take proof of wills and approve bonds to be given, but	36012
the record of these acts shall be preserved in the usual records	36013
of the probate court.	36014

(b) To grant and revoke letters testamentary and of	36015
administration;	36016

(c) To direct and control the conduct and settle the accounts	36017
of executors and administrators and order the distribution of	36018
estates;	36019

(d) To appoint the attorney general to serve as the	36020
administrator of an estate pursuant to section 2113.06 of the	36021
Revised Code;	36022

(e) To appoint and remove guardians, conservators, and	36023
testamentary trustees, direct and control their conduct, and	36024
settle their accounts;	36025

(f) To grant marriage licenses;

36026

(g) To make inquests respecting persons who are so mentally	36027
impaired as a result of a mental or physical illness or	36028
disability, or mental retardation, or as a result of chronic	36029
substance abuse, that they are unable to manage their property and	36030
affairs effectively, subject to guardianship;	36031

(h) To qualify assignees, appoint and qualify trustees and	36032
commissioners of insolvents, control their conduct, and settle	36033
their accounts;	36034

(i) To authorize the sale of lands, equitable estates, or	36035
interests in lands or equitable estates, and the assignments of	36036
inchoate dower in such cases of sale, on petition by executors,	36037
administrators, and guardians;	36038

(j) To authorize the completion of real property contracts on	36039
petition of executors and administrators;	36040

(k) To construe wills;

36041

(l) To render declaratory judgments, including, but not	36042
limited to, those rendered pursuant to section 2107.084 of the	36043
Revised Code;	36044

(m) To direct and control the conduct of fiduciaries and	36045
settle their accounts;	36046

(n) To authorize the sale or lease of any estate created by	36047
will if the estate is held in trust, on petition by the trustee;	36048

(o) To terminate a testamentary trust in any case in which a	36049
court of equity may do so;	36050

(p) To hear and determine actions to contest the validity of	36051
wills;	36052

(q) To make a determination of the presumption of death of	36053
missing persons and to adjudicate the property rights and	36054
obligations of all parties affected by the presumption;	36055

(r) To hear and determine an action commenced pursuant to	36056
section 3107.41 of the Revised Code to obtain the release of	36057
information pertaining to the birth name of the adopted person and	36058
the identity of the adopted person's biological parents and	36059
biological siblings;	36060

(s) To act for and issue orders regarding wards pursuant to	36061
section 2111.50 of the Revised Code;	36062

(t) To hear and determine actions against sureties on the	36063
bonds of fiduciaries appointed by the probate court;	36064

(u) To hear and determine actions involving informed consent	36065
for medication of persons hospitalized pursuant to section	36066
5122.141 or 5122.15 of the Revised Code;	36067

(v) To hear and determine actions relating to durable powers	36068
of attorney for health care as described in division (D) of	36069
section 1337.16 of the Revised Code;	36070

(w) To hear and determine actions commenced by objecting	36071
individuals, in accordance with section 2133.05 of the Revised	36072
Code;	36073

(x) To hear and determine complaints that pertain to the use	36074
or continuation, or the withholding or withdrawal, of	36075
life-sustaining treatment in connection with certain patients	36076
allegedly in a terminal condition or in a permanently unconscious	36077
state pursuant to division (E) of section 2133.08 of the Revised	36078
Code, in accordance with that division;	36079

(y) To hear and determine applications that pertain to the	36080
withholding or withdrawal of nutrition and hydration from certain	36081
patients allegedly in a permanently unconscious state pursuant to	36082
section 2133.09 of the Revised Code, in accordance with that	36083
section;	36084

(z) To hear and determine applications of attending	36085
physicians in accordance with division (B) of section 2133.15 of	36086
the Revised Code;	36087

(aa) To hear and determine actions relative to the use or	36088
continuation of comfort care in connection with certain principals	36089
under durable powers of attorney for health care, declarants under	36090
declarations, or patients in accordance with division (E) of	36091
either section 1337.16 or 2133.12 of the Revised Code;	36092

(bb) To hear and determine applications for an order	36093
relieving an estate from administration under section 2113.03 of	36094
the Revised Code;	36095

(cc) To hear and determine applications for an order granting	36096
a summary release from administration under section 2113.031 of	36097
the Revised Code;	36098

(dd) To hear and determine actions relating to the exercise	36099
of the right of disposition, in accordance with section 2108.90 of	36100
the Revised Code;	36101

(ee) To hear and determine actions relating to the	36102
disinterment and reinterment of human remains under section 517.23	36103
of the Revised Code;	36104

(ff) To hear and determine petitions for an order for	36105
treatment of a person suffering from alcohol and other drug abuse	36106
filed under section ~~3793.34~~5119.93 of the Revised Code and to	36107
order treatment of that nature in accordance with, and take other	36108
actions afforded to the court under, sections ~~3793.31~~5119.90 to	36109
~~3793.39~~5119.98 of the Revised Code.	36110

(2) In addition to the exclusive jurisdiction conferred upon	36111
the probate court by division (A)(1) of this section, the probate	36112
court shall have exclusive jurisdiction over a particular subject	36113
matter if both of the following apply:	36114

(a) Another section of the Revised Code expressly confers	36115
jurisdiction over that subject matter upon the probate court.	36116

(b) No section of the Revised Code expressly confers	36117
jurisdiction over that subject matter upon any other court or	36118
agency.	36119

(B)(1) The probate court has concurrent jurisdiction with,	36120
and the same powers at law and in equity as, the general division	36121
of the court of common pleas to issue writs and orders, and to	36122
hear and determine actions as follows:	36123

(a) If jurisdiction relative to a particular subject matter	36124
is stated to be concurrent in a section of the Revised Code or has	36125
been construed by judicial decision to be concurrent, any action	36126
that involves that subject matter;	36127

(b) Any action that involves an inter vivos trust; a trust	36128
created pursuant to section 5815.28 of the Revised Code; a	36129
charitable trust or foundation; subject to divisions (A)(1)(u) and	36130
(z) of this section, a power of attorney, including, but not	36131
limited to, a durable power of attorney; the medical treatment of	36132
a competent adult; or a writ of habeas corpus;	36133

(c) Subject to section 2101.31 of the Revised Code, any	36134
action with respect to a probate estate, guardianship, trust, or	36135
post-death dispute that involves any of the following:	36136

(i) A designation or removal of a beneficiary of a life	36137
insurance policy, annuity contract, retirement plan, brokerage	36138
account, security account, bank account, real property, or	36139
tangible personal property;	36140

(ii) A designation or removal of a payable-on-death	36141
beneficiary or transfer-on-death beneficiary;	36142

(iii) A change in the title to any asset involving a joint	36143
and survivorship interest;	36144

(iv) An alleged gift;

36145

(v) The passing of assets upon the death of an individual	36146
otherwise than by will, intestate succession, or trust.	36147

(2) Any action that involves a concurrent jurisdiction	36148
subject matter and that is before the probate court may be	36149
transferred by the probate court, on its order, to the general	36150
division of the court of common pleas.	36151

(C) The probate court has plenary power at law and in equity	36152
to dispose fully of any matter that is properly before the court,	36153
unless the power is expressly otherwise limited or denied by a	36154
section of the Revised Code.	36155

(D) The jurisdiction acquired by a probate court over a	36156
matter or proceeding is exclusive of that of any other probate	36157
court, except when otherwise provided by law.	36158

Sec. 2108.05. (A) A donor may make an anatomical gift by	36159
doing any of the following:	36160

(1) Authorizing a statement or symbol to be imprinted on the	36161
donor's driver's license or identification card indicating that	36162
the donor has certified a willingness to make an anatomical gift;	36163

(2) Specifying in the donor's will an intent to make an	36164
anatomical gift;	36165

(3) Specifying an intent to make an anatomical gift in the	36166
donor's declaration as described in section 2133.16 of the Revised	36167
Code;	36168

(4) During a terminal illness or injury of the donor,	36169
communicating in any manner to a minimum of two adults, at least	36170
one of whom is a disinterested witness, that the donor intends to	36171
make an anatomical gift;	36172

(5) Following the procedure in division (B) of this section.

36173

(B) A donor or other person authorized to make an anatomical	36174
gift under section 2108.04 of the Revised Code may make a gift by	36175
a donor card or other record signed by the donor or other person	36176
making the gift or by authorizing that a statement or symbol	36177
indicating that the donor has certified a willingness to make an	36178
anatomical gift be included in a donor registry. If the donor or	36179
other person is physically unable to sign a record, the record may	36180
be signed by another individual at the direction of the donor or	36181
other person and shall do both of the following:	36182

(1) Be witnessed by at least two adults, at least one of whom	36183
is a disinterested witness, who have signed at the request of the	36184
donor or the other person;	36185

(2) State that it has been signed and witnessed as provided	36186
in division (B)(1) of this section.	36187

(C) Once a donor has authorized a statement or symbol to be	36188
imprinted on the donor's driver's license or identification card	36189
indicating that the donor has certified a willingness to make an	36190
anatomical gift, the donor does not need to recertify the donor's	36191
willingness to make an anatomical gift upon renewal of the	36192
driver's license or identification card. The authorization shall	36193
remain in effect until the donor withdraws that authorization.	36194

(D) Revocation, suspension, expiration, or cancellation of a	36195
driver's license or identification card upon which an anatomical	36196
gift is indicated does not invalidate the gift.	36197

~~(D)~~(E) An anatomical gift made by will takes effect on the	36198
donor's death whether or not the will is probated. Invalidation of	36199
the will after the donor's death does not invalidate the gift.	36200

Sec. 2113.041. (A) The administrator of the medicaid estate	36201
recovery program established pursuant to section ~~5111.11~~5162.21	36202
of the Revised Code may present an affidavit to a financial	36203
institution requesting that the financial institution release	36204
account proceeds to recover the cost of services correctly	36205
provided to a medicaid recipient who is subject to the medicaid	36206
estate recovery program. The affidavit shall include all of the	36207
following information:	36208

(1) The name of the decedent;

36209

(2) The name of any person who gave notice that the decedent	36210
was a medicaid recipient and that person's relationship to the	36211
decedent;	36212

(3) The name of the financial institution;

36213

(4) The account number;

36214

(5) A description of the claim for estate recovery;

36215

(6) The amount of funds to be recovered.

36216

(B) A financial institution may release account proceeds to	36217
the administrator of the medicaid estate recovery program if all	36218
of the following apply:	36219

(1) The decedent held an account at the financial institution	36220
that was in the decedent's name only.	36221

(2) No estate has been, and it is reasonable to assume that	36222
no estate will be, opened for the decedent.	36223

(3) The decedent has no outstanding debts known to the	36224
administrator of the medicaid estate recovery program.	36225

(4) The financial institution has received no objections or	36226
has determined that no valid objections to release of proceeds	36227
have been received.	36228

(C) If proceeds have been released pursuant to division (B)	36229
of this section and the department of ~~job and family services~~	36230
medicaid receives notice of a valid claim to the proceeds that has	36231
a higher priority under section 2117.25 of the Revised Code than	36232
the claim of the medicaid estate recovery program, the department	36233
may refund the proceeds to the financial institution or pay them	36234
to the person or government entity with the claim.	36235

Sec. 2113.06. (A) Administration of the estate of an	36236
intestate shall be granted to persons mentioned in this division,	36237
in the following order:	36238

(1) To the surviving spouse of the deceased, if resident of	36239
the state;	36240

(2) To one of the next of kin of the deceased, resident of	36241
the state.	36242

(B) If the persons entitled to administer the estate under	36243
division (A) of this section fail to take or renounce	36244
administration voluntarily, the matter shall be set for hearing	36245
and notice given to the persons.	36246

(C) If there are no persons entitled to administration, if	36247
they are for any reason unsuitable for the discharge of the trust,	36248
or if without sufficient cause they neglect to apply within a	36249
reasonable time for the administration of the estate, their right	36250
to priority shall be lost, and the court shall commit the	36251
administration to some suitable person who is a resident of the	36252
state, or to the attorney general or the attorney general's	36253
designee, if the department of ~~job and family services~~medicaid is	36254
seeking to recover ~~medical assistance~~the costs of medicaid	36255
services from the deceased pursuant to section ~~5111.11~~5162.21 or	36256
~~5111.111~~5162.211 of the Revised Code. The person granted	36257
administration may be a creditor of the estate.	36258

(D) This section applies to the appointment of an	36259
administrator de bonis non.	36260

Sec. 2117.061. (A) As used in this section:

36261

(1) "Medicaid estate recovery program" means the program	36262
instituted under section ~~5111.11~~5162.21 of the Revised Code.	36263

(2) "Person responsible for the estate" means the executor,	36264
administrator, commissioner, or person who filed pursuant to	36265
section 2113.03 of the Revised Code for release from	36266
administration of an estate.	36267

(B) The person responsible for the estate of a decedent	36268
subject to the medicaid estate recovery program or the estate of a	36269
decedent who was the spouse of a decedent subject to the medicaid	36270
estate recovery program shall submit a properly completed medicaid	36271
estate recovery notice form to the administrator of the medicaid	36272
estate recovery program not later than thirty days after the	36273
occurrence of any of the following:	36274

(1) The granting of letters of administration or letters	36275
testamentary;	36276

(2) The filing of an application for release from	36277
administration or summary release from administration.	36278

(C) The person responsible for the estate shall mark the	36279
appropriate box on the appropriate probate form that gives notice	36280
to the administrator of the medicaid estate recovery program to	36281
indicate compliance with the requirements of division (B) of this	36282
section.	36283

(D) The administrator of the medicaid estate recovery program	36284
shall present a claim for estate recovery to the person	36285
responsible for the estate of the decedent or the person's legal	36286
representative not later than ninety days after the date on which	36287
the medicaid estate recovery notice form is received under	36288
division (B) of this section or one year after the decedent's	36289
death, whichever is later.	36290

Sec. 2117.25. (A) Every executor or administrator shall	36291
proceed with diligence to pay the debts of the decedent and shall	36292
apply the assets in the following order:	36293

(1) Costs and expenses of administration;

36294

(2) An amount, not exceeding four thousand dollars, for	36295
funeral expenses that are included in the bill of a funeral	36296
director, funeral expenses other than those in the bill of a	36297
funeral director that are approved by the probate court, and an	36298
amount, not exceeding three thousand dollars, for burial and	36299
cemetery expenses, including that portion of the funeral	36300
director's bill allocated to cemetery expenses that have been paid	36301
to the cemetery by the funeral director.	36302

For purposes of division (A)(2) of this section, burial and	36303
cemetery expenses shall be limited to the following:	36304

(a) The purchase of a right of interment;

36305

(b) Monuments or other markers;

36306

36307

(d) The cost of opening and closing the place of interment;

36308

(e) The urn.

36309

(3) The allowance for support made to the surviving spouse,	36310
minor children, or both under section 2106.13 of the Revised Code;	36311

(4) Debts entitled to a preference under the laws of the	36312
United States;	36313

(5) Expenses of the last sickness of the decedent;

36314

(6) If the total bill of a funeral director for funeral	36315
expenses exceeds four thousand dollars, then, in addition to the	36316
amount described in division (A)(2) of this section, an amount,	36317
not exceeding two thousand dollars, for funeral expenses that are	36318
included in the bill and that exceed four thousand dollars;	36319

(7) Expenses of the decedent's last continuous stay in a	36320
nursing home as defined in section 3721.01 of the Revised Code,	36321
residential facility as defined in section 5123.19 of the Revised	36322
Code, or hospital long-term care unit as defined in section	36323
~~3721.50~~5168.40 of the Revised Code.	36324

For purposes of division (A)(7) of this section, a decedent's	36325
last ~~continuance~~continuous stay includes up to thirty consecutive	36326
days during which the decedent was temporarily absent from the	36327
nursing home, residential facility, or hospital long-term care	36328
unit.	36329

(8) Personal property taxes, claims made under the medicaid	36330
estate recovery program instituted pursuant to section ~~5111.11~~	36331
5162.21 of the Revised Code, and obligations for which the	36332
decedent was personally liable to the state or any of its	36333
subdivisions;	36334

(9) Debts for manual labor performed for the decedent within	36335
twelve months preceding the decedent's death, not exceeding three	36336
hundred dollars to any one person;	36337

(10) Other debts for which claims have been presented and	36338
finally allowed.	36339

(B) The part of the bill of a funeral director that exceeds	36340
the total of six thousand dollars as described in divisions (A)(2)	36341
and (6) of this section, and the part of a claim included in	36342
division (A)(9) of this section that exceeds three hundred dollars	36343
shall be included as a debt under division (A)(10) of this	36344
section, depending upon the time when the claim for the additional	36345
amount is presented.	36346

(C) Any natural person or fiduciary who pays a claim of any	36347
creditor described in division (A) of this section shall be	36348
subrogated to the rights of that creditor proportionate to the	36349
amount of the payment and shall be entitled to reimbursement for	36350
that amount in accordance with the priority of payments set forth	36351
in that division.	36352

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	36353
to the manner in which and the time within which claims shall be	36354
presented, shall apply to claims set forth in divisions (A)(2),	36355
(6), and (9) of this section. Claims for an expense of	36356
administration or for the allowance for support need not be	36357
presented. The executor or administrator shall pay debts included	36358
in divisions (A)(4) and (8) of this section, of which the executor	36359
or administrator has knowledge, regardless of presentation.	36360

(2) The giving of written notice to an executor or	36361
administrator of a motion or application to revive an action	36362
pending against the decedent at the date of death shall be	36363
equivalent to the presentation of a claim to the executor or	36364
administrator for the purpose of determining the order of payment	36365
of any judgment rendered or decree entered in such an action.	36366

(E) No payments shall be made to creditors of one class until	36367
all those of the preceding class are fully paid or provided for.	36368
If the assets are insufficient to pay all the claims of one class,	36369
the creditors of that class shall be paid ratably.	36370

(F) If it appears at any time that the assets have been	36371
exhausted in paying prior or preferred charges, allowances, or	36372
claims, those payments shall be a bar to an action on any claim	36373
not entitled to that priority or preference.	36374

Sec. 2133.01. Unless the context otherwise requires, as used	36375
in sections 2133.01 to 2133.15 of the Revised Code:	36376

(A) "Adult" means an individual who is eighteen years of age	36377
or older.	36378

(B) "Attending physician" means the physician to whom a	36379
declarant or other patient, or the family of a declarant or other	36380
patient, has assigned primary responsibility for the treatment or	36381
care of the declarant or other patient, or, if the responsibility	36382
has not been assigned, the physician who has accepted that	36383
responsibility.	36384

36385

(1) Nutrition when administered to diminish the pain or	36386
discomfort of a declarant or other patient, but not to postpone	36387
the declarant's or other patient's death;	36388

(2) Hydration when administered to diminish the pain or	36389
discomfort of a declarant or other patient, but not to postpone	36390
the declarant's or other patient's death;	36391

(3) Any other medical or nursing procedure, treatment,	36392
intervention, or other measure that is taken to diminish the pain	36393
or discomfort of a declarant or other patient, but not to postpone	36394
the declarant's or other patient's death.	36395

(D) "Consulting physician" means a physician who, in	36396
conjunction with the attending physician of a declarant or other	36397
patient, makes one or more determinations that are required to be	36398
made by the attending physician, or to be made by the attending	36399
physician and one other physician, by an applicable provision of	36400
this chapter, to a reasonable degree of medical certainty and in	36401
accordance with reasonable medical standards.	36402

(E) "Declarant" means any adult who has executed a	36403
declaration in accordance with section 2133.02 of the Revised	36404
Code.	36405

(F) "Declaration" means a written document executed in	36406
accordance with section 2133.02 of the Revised Code.	36407

(G) "Durable power of attorney for health care" means a	36408
document created pursuant to sections 1337.11 to 1337.17 of the	36409
Revised Code.	36410

(H) "Guardian" means a person appointed by a probate court	36411
pursuant to Chapter 2111. of the Revised Code to have the care and	36412
management of the person of an incompetent.	36413

(I) "Health care facility" means any of the following:

36414

(1) A hospital;

36415

(2) A hospice care program, pediatric respite care program,	36416
or other institution that specializes in comfort care of patients	36417
in a terminal condition or in a permanently unconscious state;	36418

(3) A nursing home or residential care facility, as defined	36419
in section 3721.01 of the Revised Code;	36420

(4) A home health agency and any residential facility where a	36421
person is receiving care under the direction of a home health	36422
agency;	36423

(5) An intermediate care facility for ~~the mentally retarded~~	36424
individuals with intellectual disabilities.	36425

(J) "Health care personnel" means physicians, nurses,	36426
physician assistants, emergency medical technicians-basic,	36427
emergency medical technicians-intermediate, emergency medical	36428
technicians-paramedic, medical technicians, dietitians, other	36429
authorized persons acting under the direction of an attending	36430
physician, and administrators of health care facilities.	36431

(K) "Home health agency" has the same meaning as in section	36432
3701.881 of the Revised Code.	36433

(L) "Hospice care program" and "pediatric respite care	36434
program" have the same meanings as in section 3712.01 of the	36435
Revised Code.	36436

(M) "Hospital" has the same meanings as in sections 3701.01,	36437
3727.01, and 5122.01 of the Revised Code.	36438

(N) "Hydration" means fluids that are artificially or	36439
technologically administered.	36440

(O) "Incompetent" has the same meaning as in section 2111.01	36441
of the Revised Code.	36442

(P) "Intermediate care facility for the ~~mentally retarded~~	36443
individuals with intellectual disabilities" has the same meaning	36444
as in section ~~5111.20~~5124.01 of the Revised Code.	36445

(Q) "Life-sustaining treatment" means any medical procedure,	36446
treatment, intervention, or other measure that, when administered	36447
to a qualified patient or other patient, will serve principally to	36448
prolong the process of dying.	36449

(R) "Nurse" means a person who is licensed to practice	36450
nursing as a registered nurse or to practice practical nursing as	36451
a licensed practical nurse pursuant to Chapter 4723. of the	36452
Revised Code.	36453

(S) "Nursing home" has the same meaning as in section 3721.01	36454
of the Revised Code.	36455

(T) "Nutrition" means sustenance that is artificially or	36456
technologically administered.	36457

(U) "Permanently unconscious state" means a state of	36458
permanent unconsciousness in a declarant or other patient that, to	36459
a reasonable degree of medical certainty as determined in	36460
accordance with reasonable medical standards by the declarant's or	36461
other patient's attending physician and one other physician who	36462
has examined the declarant or other patient, is characterized by	36463
both of the following:	36464

(1) Irreversible unawareness of one's being and environment.

36465

(2) Total loss of cerebral cortical functioning, resulting in	36466
the declarant or other patient having no capacity to experience	36467
pain or suffering.	36468

(V) "Person" has the same meaning as in section 1.59 of the	36469
Revised Code and additionally includes political subdivisions and	36470
governmental agencies, boards, commissions, departments,	36471
institutions, offices, and other instrumentalities.	36472

(W) "Physician" means a person who is authorized under	36473
Chapter 4731. of the Revised Code to practice medicine and surgery	36474
or osteopathic medicine and surgery.	36475

(X) "Political subdivision" and "state" have the same	36476
meanings as in section 2744.01 of the Revised Code.	36477

(Y) "Professional disciplinary action" means action taken by	36478
the board or other entity that regulates the professional conduct	36479
of health care personnel, including the state medical board and	36480
the board of nursing.	36481

(Z) "Qualified patient" means an adult who has executed a	36482
declaration and has been determined to be in a terminal condition	36483
or in a permanently unconscious state.	36484

(AA) "Terminal condition" means an irreversible, incurable,	36485
and untreatable condition caused by disease, illness, or injury	36486
from which, to a reasonable degree of medical certainty as	36487
determined in accordance with reasonable medical standards by a	36488
declarant's or other patient's attending physician and one other	36489
physician who has examined the declarant or other patient, both of	36490
the following apply:	36491

(1) There can be no recovery.

36492

(2) Death is likely to occur within a relatively short time	36493
if life-sustaining treatment is not administered.	36494

(BB) "Tort action" means a civil action for damages for	36495
injury, death, or loss to person or property, other than a civil	36496
action for damages for breach of a contract or another agreement	36497
between persons.	36498

Sec. 2133.25. (A) The department of health, by rule adopted	36499
pursuant to Chapter 119. of the Revised Code, shall adopt a	36500
standardized method of procedure for the withholding of CPR by	36501
physicians, emergency medical services personnel, and health care	36502
facilities in accordance with sections 2133.21 to 2133.26 of the	36503
Revised Code. The standardized method shall specify criteria for	36504
determining when a do-not-resuscitate order issued by a physician	36505
is current. The standardized method so adopted shall be the	36506
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	36507
2133.26 of the Revised Code. The department also shall approve one	36508
or more standard forms of DNR identification to be used throughout	36509
this state.	36510

(B) The department of health shall adopt rules in accordance	36511
with Chapter 119. of the Revised Code for the administration of	36512
sections 2133.21 to 2133.26 of the Revised Code.	36513

(C) The department of health shall appoint an advisory	36514
committee to advise the department in the development of rules	36515
under this section. The advisory committee shall include, but	36516
shall not be limited to, representatives of each of the following	36517
organizations:	36518

(1) The association for hospitals and health systems (OHA);

36519

(2) The Ohio state medical association;

36520

(3) The Ohio chapter of the American college of emergency	36521
physicians;	36522

(4) The Ohio hospice organization;

36523

(5) The Ohio council for home care;

36524

(6) The Ohio health care association;

36525

(7) The Ohio ambulance association;

36526

(8) The Ohio medical directors association;

36527

(9) The Ohio association of emergency medical services;

36528

(10) The bioethics network of Ohio;

36529

(11) The Ohio nurses association;

36530

(12) The Ohio academy of nursing homes;

36531

(13) The Ohio association of professional firefighters;

36532

(14) The department of developmental disabilities;

36533

(15) The Ohio osteopathic association;

36534

(16) The association of Ohio philanthropic homes, housing and	36535
services for the aging;	36536

(17) The catholic conference of Ohio;

36537

(18) The department of aging;

36538

(19) The department of ~~mental health~~mental health and	36539
addiction services;	36540

(20) The Ohio private residential association;

36541

(21) The northern Ohio fire fighters association.

36542

Sec. 2151.011. (A) As used in the Revised Code:

36543

(1) "Juvenile court" means whichever of the following is	36544
applicable that has jurisdiction under this chapter and Chapter	36545
2152. of the Revised Code:	36546

(a) The division of the court of common pleas specified in	36547
section 2101.022 or 2301.03 of the Revised Code as having	36548
jurisdiction under this chapter and Chapter 2152. of the Revised	36549
Code or as being the juvenile division or the juvenile division	36550
combined with one or more other divisions;	36551

(b) The juvenile court of Cuyahoga county or Hamilton county	36552
that is separately and independently created by section 2151.08 or	36553
Chapter 2153. of the Revised Code and that has jurisdiction under	36554
this chapter and Chapter 2152. of the Revised Code;	36555

(c) If division (A)(1)(a) or (b) of this section does not	36556
apply, the probate division of the court of common pleas.	36557

(2) "Juvenile judge" means a judge of a court having	36558
jurisdiction under this chapter.	36559

(3) "Private child placing agency" means any association, as	36560
defined in section 5103.02 of the Revised Code, that is certified	36561
under section 5103.03 of the Revised Code to accept temporary,	36562
permanent, or legal custody of children and place the children for	36563
either foster care or adoption.	36564

(4) "Private noncustodial agency" means any person,	36565
organization, association, or society certified by the department	36566
of job and family services that does not accept temporary or	36567
permanent legal custody of children, that is privately operated in	36568
this state, and that does one or more of the following:	36569

(a) Receives and cares for children for two or more	36570
consecutive weeks;	36571

(b) Participates in the placement of children in certified	36572
foster homes;	36573

(c) Provides adoption services in conjunction with a public	36574
children services agency or private child placing agency.	36575

(B) As used in this chapter:

36576

(1) "Adequate parental care" means the provision by a child's	36577
parent or parents, guardian, or custodian of adequate food,	36578
clothing, and shelter to ensure the child's health and physical	36579
safety and the provision by a child's parent or parents of	36580
specialized services warranted by the child's physical or mental	36581
needs.	36582

(2) "Adult" means an individual who is eighteen years of age	36583
or older.	36584

(3) "Agreement for temporary custody" means a voluntary	36585
agreement authorized by section 5103.15 of the Revised Code that	36586
transfers the temporary custody of a child to a public children	36587
services agency or a private child placing agency.	36588

(4) "Alternative response" means the public children services	36589
agency's response to a report of child abuse or neglect that	36590
engages the family in a comprehensive evaluation of child safety,	36591
risk of subsequent harm, and family strengths and needs and that	36592
does not include a determination as to whether child abuse or	36593
neglect occurred.	36594

(5) "Certified foster home" means a foster home, as defined	36595
in section 5103.02 of the Revised Code, certified under section	36596
5103.03 of the Revised Code.	36597

(6) "Child" means a person who is under eighteen years of	36598
age, except that the juvenile court has jurisdiction over any	36599
person who is adjudicated an unruly child prior to attaining	36600
eighteen years of age until the person attains twenty-one years of	36601
age, and, for purposes of that jurisdiction related to that	36602
adjudication, a person who is so adjudicated an unruly child shall	36603
be deemed a "child" until the person attains twenty-one years of	36604
age.	36605

(7) "Child day camp," "child care," "child day-care center,"	36606
"part-time child day-care center," "type A family day-care home,"	36607
"certified type B family day-care home," "type B home,"	36608
"administrator of a child day-care center," "administrator of a	36609
type A family day-care home," "in-home aide," and "authorized	36610
provider" have the same meanings as in section 5104.01 of the	36611
Revised Code.	36612

(8) "Child care provider" means an individual who is a	36613
child-care staff member or administrator of a child day-care	36614
center, a type A family day-care home, or a type B family day-care	36615
home, or an in-home aide or an individual who is licensed, is	36616
regulated, is approved, operates under the direction of, or	36617
otherwise is certified by the department of job and family	36618
services, department of developmental disabilities, or the early	36619
childhood programs of the department of education.	36620

(9) "Chronic truant" has the same meaning as in section	36621
2152.02 of the Revised Code.	36622

(10) "Commit" means to vest custody as ordered by the court.

36623

(11) "Counseling" includes both of the following:

36624

(a) General counseling services performed by a public	36625
children services agency or shelter for victims of domestic	36626
violence to assist a child, a child's parents, and a child's	36627
siblings in alleviating identified problems that may cause or have	36628
caused the child to be an abused, neglected, or dependent child.	36629

(b) Psychiatric or psychological therapeutic counseling	36630
services provided to correct or alleviate any mental or emotional	36631
illness or disorder and performed by a licensed psychiatrist,	36632
licensed psychologist, or a person licensed under Chapter 4757. of	36633
the Revised Code to engage in social work or professional	36634
counseling.	36635

(12) "Custodian" means a person who has legal custody of a	36636
child or a public children services agency or private child	36637
placing agency that has permanent, temporary, or legal custody of	36638
a child.	36639

(13) "Delinquent child" has the same meaning as in section	36640
2152.02 of the Revised Code.	36641

(14) "Detention" means the temporary care of children pending	36642
court adjudication or disposition, or execution of a court order,	36643
in a public or private facility designed to physically restrict	36644
the movement and activities of children.	36645

(15) "Developmental disability" has the same meaning as in	36646
section 5123.01 of the Revised Code.	36647

(16) "Differential response approach" means an approach that	36648
a public children services agency may use to respond to accepted	36649
reports of child abuse or neglect with either an alternative	36650
response or a traditional response.	36651

(17) "Foster caregiver" has the same meaning as in section	36652
5103.02 of the Revised Code.	36653

(18) "Guardian" means a person, association, or corporation	36654
that is granted authority by a probate court pursuant to Chapter	36655
2111. of the Revised Code to exercise parental rights over a child	36656
to the extent provided in the court's order and subject to the	36657
residual parental rights of the child's parents.	36658

(19) "Habitual truant" means any child of compulsory school	36659
age who is absent without legitimate excuse for absence from the	36660
public school the child is supposed to attend for five or more	36661
consecutive school days, seven or more school days in one school	36662
month, or twelve or more school days in a school year.	36663

(20) "Juvenile traffic offender" has the same meaning as in	36664
section 2152.02 of the Revised Code.	36665

(21) "Legal custody" means a legal status that vests in the	36666
custodian the right to have physical care and control of the child	36667
and to determine where and with whom the child shall live, and the	36668
right and duty to protect, train, and discipline the child and to	36669
provide the child with food, shelter, education, and medical care,	36670
all subject to any residual parental rights, privileges, and	36671
responsibilities. An individual granted legal custody shall	36672
exercise the rights and responsibilities personally unless	36673
otherwise authorized by any section of the Revised Code or by the	36674
court.	36675

(22) A "legitimate excuse for absence from the public school	36676
the child is supposed to attend" includes, but is not limited to,	36677
any of the following:	36678

(a) The fact that the child in question has enrolled in and	36679
is attending another public or nonpublic school in this or another	36680
state;	36681

(b) The fact that the child in question is excused from	36682
attendance at school for any of the reasons specified in section	36683
3321.04 of the Revised Code;	36684

(c) The fact that the child in question has received an age	36685
and schooling certificate in accordance with section 3331.01 of	36686
the Revised Code.	36687

(23) "Mental illness" and "mentally ill person subject to	36688
hospitalization by court order" have the same meanings as in	36689
section 5122.01 of the Revised Code.	36690

(24) "Mental injury" means any behavioral, cognitive,	36691
emotional, or mental disorder in a child caused by an act or	36692
omission that is described in section 2919.22 of the Revised Code	36693
and is committed by the parent or other person responsible for the	36694
child's care.	36695

(25) "Mentally retarded person" has the same meaning as in	36696
section 5123.01 of the Revised Code.	36697

(26) "Nonsecure care, supervision, or training" means care,	36698
supervision, or training of a child in a facility that does not	36699
confine or prevent movement of the child within the facility or	36700
from the facility.	36701

(27) "Of compulsory school age" has the same meaning as in	36702
section 3321.01 of the Revised Code.	36703

(28) "Organization" means any institution, public,	36704
semipublic, or private, and any private association, society, or	36705
agency located or operating in the state, incorporated or	36706
unincorporated, having among its functions the furnishing of	36707
protective services or care for children, or the placement of	36708
children in certified foster homes or elsewhere.	36709

(29) "Out-of-home care" means detention facilities, shelter	36710
facilities, certified children's crisis care facilities, certified	36711
foster homes, placement in a prospective adoptive home prior to	36712
the issuance of a final decree of adoption, organizations,	36713
certified organizations, child day-care centers, type A family	36714
day-care homes, child care provided by type B family day-care home	36715
providers and by in-home aides, group home providers, group homes,	36716
institutions, state institutions, residential facilities,	36717
residential care facilities, residential camps, day camps, public	36718
schools, chartered nonpublic schools, educational service centers,	36719
hospitals, and medical clinics that are responsible for the care,	36720
physical custody, or control of children.	36721

(30) "Out-of-home care child abuse" means any of the	36722
following when committed by a person responsible for the care of a	36723
child in out-of-home care:	36724

(a) Engaging in sexual activity with a child in the person's	36725
care;	36726

(b) Denial to a child, as a means of punishment, of proper or	36727
necessary subsistence, education, medical care, or other care	36728
necessary for a child's health;	36729

(c) Use of restraint procedures on a child that cause injury	36730
or pain;	36731

(d) Administration of prescription drugs or psychotropic	36732
medication to the child without the written approval and ongoing	36733
supervision of a licensed physician;	36734

(e) Commission of any act, other than by accidental means,	36735
that results in any injury to or death of the child in out-of-home	36736
care or commission of any act by accidental means that results in	36737
an injury to or death of a child in out-of-home care and that is	36738
at variance with the history given of the injury or death.	36739

(31) "Out-of-home care child neglect" means any of the	36740
following when committed by a person responsible for the care of a	36741
child in out-of-home care:	36742

(a) Failure to provide reasonable supervision according to	36743
the standards of care appropriate to the age, mental and physical	36744
condition, or other special needs of the child;	36745

(b) Failure to provide reasonable supervision according to	36746
the standards of care appropriate to the age, mental and physical	36747
condition, or other special needs of the child, that results in	36748
sexual or physical abuse of the child by any person;	36749

36750

(i) Administration of prescription drugs or psychotropic	36751
drugs for the child;	36752

(ii) Assuring that the instructions of the licensed physician	36753
who prescribed a drug for the child are followed;	36754

(iii) Reporting to the licensed physician who prescribed the	36755
drug all unfavorable or dangerous side effects from the use of the	36756
drug.	36757

(d) Failure to provide proper or necessary subsistence,	36758
education, medical care, or other individualized care necessary	36759
for the health or well-being of the child;	36760

(e) Confinement of the child to a locked room without	36761
monitoring by staff;	36762

(f) Failure to provide ongoing security for all prescription	36763
and nonprescription medication;	36764

(g) Isolation of a child for a period of time when there is	36765
substantial risk that the isolation, if continued, will impair or	36766
retard the mental health or physical well-being of the child.	36767

(32) "Permanent custody" means a legal status that vests in a	36768
public children services agency or a private child placing agency,	36769
all parental rights, duties, and obligations, including the right	36770
to consent to adoption, and divests the natural parents or	36771
adoptive parents of all parental rights, privileges, and	36772
obligations, including all residual rights and obligations.	36773

(33) "Permanent surrender" means the act of the parents or,	36774
if a child has only one parent, of the parent of a child, by a	36775
voluntary agreement authorized by section 5103.15 of the Revised	36776
Code, to transfer the permanent custody of the child to a public	36777
children services agency or a private child placing agency.	36778

(34) "Person" means an individual, association, corporation,	36779
or partnership and the state or any of its political subdivisions,	36780
departments, or agencies.	36781

(35) "Person responsible for a child's care in out-of-home	36782
care" means any of the following:	36783

(a) Any foster caregiver, in-home aide, or provider;

36784

(b) Any administrator, employee, or agent of any of the	36785
following: a public or private detention facility; shelter	36786
facility; certified children's crisis care facility; organization;	36787
certified organization; child day-care center; type A family	36788
day-care home; certified type B family day-care home; group home;	36789
institution; state institution; residential facility; residential	36790
care facility; residential camp; day camp; school district;	36791
community school; chartered nonpublic school; educational service	36792
center; hospital; or medical clinic;	36793

(c) Any person who supervises or coaches children as part of	36794
an extracurricular activity sponsored by a school district, public	36795
school, or chartered nonpublic school;	36796

(d) Any other person who performs a similar function with	36797
respect to, or has a similar relationship to, children.	36798

(36) "Physically impaired" means having one or more of the	36799
following conditions that substantially limit one or more of an	36800
individual's major life activities, including self-care, receptive	36801
and expressive language, learning, mobility, and self-direction:	36802

(a) A substantial impairment of vision, speech, or hearing;

36803

(b) A congenital orthopedic impairment;

36804

(c) An orthopedic impairment caused by disease, rheumatic	36805
fever or any other similar chronic or acute health problem, or	36806
amputation or another similar cause.	36807

(37) "Placement for adoption" means the arrangement by a	36808
public children services agency or a private child placing agency	36809
with a person for the care and adoption by that person of a child	36810
of whom the agency has permanent custody.	36811

(38) "Placement in foster care" means the arrangement by a	36812
public children services agency or a private child placing agency	36813
for the out-of-home care of a child of whom the agency has	36814
temporary custody or permanent custody.	36815

(39) "Planned permanent living arrangement" means an order of	36816
a juvenile court pursuant to which both of the following apply:	36817

(a) The court gives legal custody of a child to a public	36818
children services agency or a private child placing agency without	36819
the termination of parental rights.	36820

(b) The order permits the agency to make an appropriate	36821
placement of the child and to enter into a written agreement with	36822
a foster care provider or with another person or agency with whom	36823
the child is placed.	36824

(40) "Practice of social work" and "practice of professional	36825
counseling" have the same meanings as in section 4757.01 of the	36826
Revised Code.	36827

(41) "Sanction, service, or condition" means a sanction,	36828
service, or condition created by court order following an	36829
adjudication that a child is an unruly child that is described in	36830
division (A)(4) of section 2152.19 of the Revised Code.	36831

(42) "Protective supervision" means an order of disposition	36832
pursuant to which the court permits an abused, neglected,	36833
dependent, or unruly child to remain in the custody of the child's	36834
parents, guardian, or custodian and stay in the child's home,	36835
subject to any conditions and limitations upon the child, the	36836
child's parents, guardian, or custodian, or any other person that	36837
the court prescribes, including supervision as directed by the	36838
court for the protection of the child.	36839

(43) "Psychiatrist" has the same meaning as in section	36840
5122.01 of the Revised Code.	36841

(44) "Psychologist" has the same meaning as in section	36842
4732.01 of the Revised Code.	36843

(45) "Residential camp" means a program in which the care,	36844
physical custody, or control of children is accepted overnight for	36845
recreational or recreational and educational purposes.	36846

(46) "Residential care facility" means an institution,	36847
residence, or facility that is licensed by the department of	36848
~~mental health~~mental health and addiction services under section	36849
~~5119.22~~5119.34 of the Revised Code and that provides care for a	36850
child.	36851

(47) "Residential facility" means a home or facility that is	36852
licensed by the department of developmental disabilities under	36853
section 5123.19 of the Revised Code and in which a child with a	36854
developmental disability resides.	36855

(48) "Residual parental rights, privileges, and	36856
responsibilities" means those rights, privileges, and	36857
responsibilities remaining with the natural parent after the	36858
transfer of legal custody of the child, including, but not	36859
necessarily limited to, the privilege of reasonable visitation,	36860
consent to adoption, the privilege to determine the child's	36861
religious affiliation, and the responsibility for support.	36862

(49) "School day" means the school day established by the	36863
state board of education pursuant to section 3313.48 of the	36864
Revised Code.	36865

(50) "School month" and "school year" have the same meanings	36866
as in section 3313.62 of the Revised Code.	36867

(51) "Secure correctional facility" means a facility under	36868
the direction of the department of youth services that is designed	36869
to physically restrict the movement and activities of children and	36870
used for the placement of children after adjudication and	36871
disposition.	36872

(52) "Sexual activity" has the same meaning as in section	36873
2907.01 of the Revised Code.	36874

(53) "Shelter" means the temporary care of children in	36875
physically unrestricted facilities pending court adjudication or	36876
disposition.	36877

(54) "Shelter for victims of domestic violence" has the same	36878
meaning as in section 3113.33 of the Revised Code.	36879

(55) "Temporary custody" means legal custody of a child who	36880
is removed from the child's home, which custody may be terminated	36881
at any time at the discretion of the court or, if the legal	36882
custody is granted in an agreement for temporary custody, by the	36883
person who executed the agreement.	36884

(56) "Traditional response" means a public children services	36885
agency's response to a report of child abuse or neglect that	36886
encourages engagement of the family in a comprehensive evaluation	36887
of the child's current and future safety needs and a fact-finding	36888
process to determine whether child abuse or neglect occurred and	36889
the circumstances surrounding the alleged harm or risk of harm.	36890

(C) For the purposes of this chapter, a child shall be	36891
presumed abandoned when the parents of the child have failed to	36892
visit or maintain contact with the child for more than ninety	36893
days, regardless of whether the parents resume contact with the	36894
child after that period of ninety days.	36895

Sec. 2151.3514. (A) As used in this section:

36896

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	36897
provider" has the same meaning as in section ~~3793.01~~5119.01 of	36898
the Revised Code;	36899

(2) "Chemical dependency" means either of the following:

36900

(a) The chronic and habitual use of alcoholic beverages to	36901
the extent that the user no longer can control the use of alcohol	36902
or endangers the user's health, safety, or welfare or that of	36903
others;	36904

(b) The use of a drug of abuse to the extent that the user	36905
becomes physically or psychologically dependent on the drug or	36906
endangers the user's health, safety, or welfare or that of others.	36907

(3) "Drug of abuse" has the same meaning as in section	36908
3719.011 of the Revised Code.	36909

~~(4) "Medicaid" means the program established under Chapter~~	36910
~~5111. of the Revised Code.~~	36911

(B) If the juvenile court issues an order of temporary	36912
custody or protective supervision under division (A) of section	36913
2151.353 of the Revised Code with respect to a child adjudicated	36914
to be an abused, neglected, or dependent child and the alcohol or	36915
other drug addiction of a parent or other caregiver of the child	36916
was the basis for the adjudication of abuse, neglect, or	36917
dependency, the court shall issue an order requiring the parent or	36918
other caregiver to submit to an assessment and, if needed,	36919
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	36920
services provider certified by the department of ~~alcohol and drug~~	36921
~~addiction services~~mental health and addiction services. The court	36922
may order the parent or other caregiver to submit to alcohol or	36923
other drug testing during, after, or both during and after, the	36924
treatment. The court shall send any order issued pursuant to this	36925
division to the public children services agency that serves the	36926
county in which the court is located for use as described in	36927
section 340.15 of the Revised Code.	36928

(C) Any order requiring alcohol or other drug testing that is	36929
issued pursuant to division (B) of this section shall require one	36930
alcohol or other drug test to be conducted each month during a	36931
period of twelve consecutive months beginning the month	36932
immediately following the month in which the order for alcohol or	36933
other drug testing is issued. Arrangements for administering the	36934
alcohol or other drug tests, as well as funding the costs of the	36935
tests, shall be locally determined in accordance with sections	36936
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	36937
other caregiver required to submit to alcohol or other drug tests	36938
under this section is not a recipient of medicaid, the agency that	36939
refers the parent or caregiver for the tests may require the	36940
parent or caregiver to reimburse the agency for the cost of	36941
conducting the tests.	36942

(D) The certified ~~alcohol and drug~~community addiction	36943
~~program~~services provider that conducts any alcohol or other drug	36944
tests ordered in accordance with divisions (B) and (C) of this	36945
section shall send the results of the tests, along with the	36946
~~program's~~provider's recommendations as to the benefits of	36947
continued treatment, to the court and to the public children	36948
services agency providing services to the involved family,	36949
according to federal regulations set forth in 42 C.F.R. Part 2,	36950
and division (B) of section 340.15 of the Revised Code. The court	36951
shall consider the results and the recommendations sent to it	36952
under this division in any adjudication or review by the court,	36953
according to section 2151.353, 2151.414, or 2151.419 of the	36954
Revised Code.	36955

Sec. 2151.362. (A)(1) In the manner prescribed by division	36956
(C)(1) or (2) of section 3313.64 of the Revised Code, as	36957
applicable, the court, at the time of making any order that	36958
removes a child from the child's own home or that vests legal or	36959
permanent custody of the child in a person other than the child's	36960
parent or a government agency, shall determine the school district	36961
that is to bear the cost of educating the child. The court shall	36962
make the determination a part of the order that provides for the	36963
child's placement or commitment. That school district shall bear	36964
the cost of educating the child unless and until the department of	36965
education determines that a different district shall be	36966
responsible for bearing that cost pursuant to division (A)(2) of	36967
this section. The court's order shall state that the determination	36968
of which school district is responsible to bear the cost of	36969
educating the child is subject to re-determination by the	36970
department pursuant to that division.	36971

(2) If, while the child is in the custody of a person other	36972
than the child's parent or a government agency, the department of	36973
education determines that the place of residence of the child's	36974
parent has changed since the court issued its initial order, the	36975
department may name a different school district to bear the cost	36976
of educating the child. The department shall make this new	36977
determination, and any future determinations, based on evidence	36978
received from the school district currently responsible to bear	36979
the cost of educating the child. If the department finds that the	36980
evidence demonstrates to its satisfaction that the residence of	36981
the child's parent has changed since the court issued its initial	36982
order under division (A)(1) of this section, or since the	36983
department last made a determination under division (A)(2) of this	36984
section, the department shall name the district in which the	36985
child's parent currently resides or, if the parent's residence is	36986
not known, the district in which the parent's last known residence	36987
is located. If the department cannot determine any Ohio district	36988
in which the parent currently resides or has resided, the school	36989
district designated in the initial court order under division	36990
(A)(1) of this section, or in the most recent determination made	36991
by the department under division (A)(2) of this section, shall	36992
continue to bear the cost of educating the child.	36993

(B) Whenever a child is placed in a detention facility	36994
established under section 2152.41 of the Revised Code or a	36995
juvenile facility established under section 2151.65 of the Revised	36996
Code, the facility shall be responsible for coordinating the	36997
education of the child. The facility may take any of the following	36998
measures in coordinating the education of the child:	36999

(1) If applicable, use the chartered nonpublic school that	37000
the facility operates;	37001

(2) Arrange with the school district responsible for bearing	37002
the cost of educating the child determined under division (A) of	37003
this section, for the facility to educate the child on its own;	37004

(3) Contract with an educational service center for the	37005
service center to educate the child;	37006

(4) Contract with the school district in which the facility	37007
is located for that school district to educate the child;	37008

(5) If the child is enrolled in an internet- or	37009
computer-based community school established under Chapter 3314. of	37010
the Revised Code, and provided that the facility possesses the	37011
necessary hardware, software, and internet connectivity, permit	37012
continued instruction of the child by the internet- or	37013
computer-based community school.	37014

If the facility coordinates the education of the child	37015
pursuant to division (B)(1), (2), (3), or (4) of this section,	37016
child's school district as determined by the court or the	37017
department, in the same manner as prescribed in division (A) of	37018
this section, shall pay the cost of educating the child based on	37019
the per capita cost of the educational facility within the	37020
detention home or juvenile facility.	37021

If the facility coordinates the education of the child	37022
pursuant to division (B)(5) of this section, payment for the cost	37023
of educating the child shall be made only as provided in division	37024
(C) of section 3314.08 of the Revised Code.	37025

(C) Whenever a child is placed by the court in a private	37026
institution, school, or residential treatment center or any other	37027
private facility, the state shall pay to the court a subsidy to	37028
help defray the expense of educating the child in an amount equal	37029
to the product of the daily per capita educational cost of the	37030
private facility, as determined pursuant to this section, and the	37031
number of days the child resides at the private facility, provided	37032
that the subsidy shall not exceed twenty-five hundred dollars per	37033
year per child. The daily per capita educational cost of a private	37034
facility shall be determined by dividing the actual program cost	37035
of the private facility or twenty-five hundred dollars, whichever	37036
is less, by three hundred sixty-five days or by three hundred	37037
sixty-six days for years that include February twenty-ninth. The	37038
state shall pay seventy-five per cent of the total subsidy for	37039
each year quarterly to the court. The state may adjust the	37040
remaining twenty-five per cent of the total subsidy to be paid to	37041
the court for each year to an amount that is less than twenty-five	37042
per cent of the total subsidy for that year based upon the	37043
availability of funds appropriated to the department of education	37044
for the purpose of subsidizing courts that place a child in a	37045
private institution, school, or residential treatment center or	37046
any other private facility and shall pay that adjusted amount to	37047
the court at the end of the year.	37048

Sec. 2151.83. (A) A public children services agency or	37049
private child placing agency, on the request of a young adult,	37050
shall enter into a jointly prepared written agreement with the	37051
young adult that obligates the agency to ensure that independent	37052
living services are provided to the young adult and sets forth the	37053
responsibilities of the young adult regarding the services. The	37054
agreement shall be developed based on the young adult's strengths,	37055
needs, and circumstances. The agreement shall be designed to	37056
promote the young adult's successful transition to independent	37057
adult living and emotional and economic self-sufficiency.	37058

(B) If the young adult appears to be eligible for services	37059
from one or more of the following entities, the agency must	37060
contact the appropriate entity to determine eligibility:	37061

(1) An entity, other than the agency, that is represented on	37062
a county family and children first council established pursuant to	37063
section 121.37 of the Revised Code. If the entity is a board of	37064
alcohol, drug addiction, and mental health services, an alcohol	37065
and drug addiction services board, or a community mental health	37066
board, the agency shall contact the provider of alcohol, drug	37067
addiction, or mental health services that has been designated by	37068
the board to determine the young adult's eligibility for services.	37069

(2) The ~~rehabilitation services commission~~opportunities for	37070
Ohioans with disabilities agency;	37071

(3) A metropolitan housing authority established pursuant to	37072
section 3735.27 of the Revised Code.	37073

If an entity described in this division determines that the	37074
young adult qualifies for services from the entity, that entity,	37075
the young adult, and the agency to which the young adult made the	37076
request for independent living services shall enter into a written	37077
addendum to the jointly prepared agreement entered into under	37078
division (A) of this section. The addendum shall indicate how	37079
services under the agreement and addendum are to be coordinated	37080
and allocate the service responsibilities among the entities and	37081
agency that signed the addendum.	37082

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	37083
entity that appoints or employs any person responsible for a	37084
child's care in out-of-home care shall request the superintendent	37085
of BCII to conduct a criminal records check with respect to any	37086
person who is under final consideration for appointment or	37087
employment as a person responsible for a child's care in	37088
out-of-home care, except that section 3319.39 of the Revised Code	37089
shall apply instead of this section if the out-of-home care entity	37090
is a public school, educational service center, or chartered	37091
nonpublic school.	37092

(2) At the times specified in this division, the	37093
administrative director of an agency, or attorney, who arranges an	37094
adoption for a prospective adoptive parent shall request the	37095
superintendent of BCII to conduct a criminal records check with	37096
respect to that prospective adoptive parent and a criminal records	37097
check with respect to all persons eighteen years of age or older	37098
who reside with the prospective adoptive parent. The	37099
administrative director or attorney shall request a criminal	37100
records check pursuant to this division at the time of the initial	37101
home study, every four years after the initial home study at the	37102
time of an update, and at the time that an adoptive home study is	37103
completed as a new home study.	37104

(3) Before a recommending agency submits a recommendation to	37105
the department of job and family services on whether the	37106
department should issue a certificate to a foster home under	37107
section 5103.03 of the Revised Code, and every four years	37108
thereafter prior to a recertification under that section, the	37109
administrative director of the agency shall request that the	37110
superintendent of BCII conduct a criminal records check with	37111
respect to the prospective foster caregiver and a criminal records	37112
check with respect to all other persons eighteen years of age or	37113
older who reside with the foster caregiver.	37114

(B)(1) If a person subject to a criminal records check under	37115
division (A)(1) of this section does not present proof that the	37116
person has been a resident of this state for the five-year period	37117
immediately prior to the date upon which the criminal records	37118
check is requested or does not provide evidence that within that	37119
five-year period the superintendent of BCII has requested	37120
information about the person from the federal bureau of	37121
investigation in a criminal records check, the appointing or	37122
hiring officer shall request that the superintendent of BCII	37123
obtain information from the federal bureau of investigation as a	37124
part of the criminal records check, including fingerprint-based	37125
checks of national crime information databases as described in 42	37126
U.S.C. 671. If a person subject to a criminal records check under	37127
division (A)(1) of this section presents proof that the person has	37128
been a resident of this state for that five-year period, the	37129
appointing or hiring officer or attorney may request that the	37130
superintendent of BCII include information from the federal bureau	37131
of investigation in the criminal records check, including	37132
fingerprint-based checks of national crime information databases	37133
as described in 42 U.S.C. 671.	37134

When the administrative director of an agency, or attorney,	37135
who arranges an adoption for a prospective parent requests, at the	37136
time of the initial home study, a criminal records check for a	37137
person pursuant to division (A)(2) of this section, the	37138
administrative director or attorney shall request that the	37139
superintendent of BCII obtain information from the federal bureau	37140
of investigation as part of the criminal records check, including	37141
fingerprint-based checks of national crime information databases	37142
as described in 42 U.S.C. 671, for the person subject to the	37143
criminal records check. In all other cases in which the	37144
administrative director of an agency, or attorney, who arranges an	37145
adoption for a prospective parent requests a criminal records	37146
check for a person pursuant to division (A)(2) of this section,	37147
the administrative director or attorney may request that the	37148
superintendent of BCII include information from the federal bureau	37149
of investigation in the criminal records check, including	37150
fingerprint-based checks of national crime information databases	37151
as described in 42 U.S.C. 671.	37152

When the administrative director of a recommending agency	37153
requests, before submitting a recommendation to the department of	37154
job and family services on whether the department should issue a	37155
certificate to a foster home under section 5103.03 of the Revised	37156
Code, a criminal records check for a person pursuant to division	37157
(A)(3) of this section, the administrative director shall request	37158
that the superintendent of BCII obtain information from the	37159
federal bureau of investigation as part of a criminal records	37160
check, including fingerprint-based checks of national crime	37161
information databases as described in 42 U.S.C. 671, for the	37162
person subject to the criminal records check. In all other cases	37163
in which the administrative director of a recommending agency	37164
requests a criminal records check for a person pursuant to	37165
division (A)(3) of this section, the administrative director may	37166
request that the superintendent of BCII include information from	37167
the federal bureau of investigation in the criminal records check,	37168
including fingerprint-based checks of national crime information	37169
databases as described in 42 U.S.C. 671.	37170

Prior to a hearing on a final decree of adoption or	37171
interlocutory order of adoption by a probate court, the	37172
administrative director of an agency, or an attorney, who arranges	37173
an adoption for a prospective parent shall provide to the clerk of	37174
the probate court either of the following:	37175

(a) Any information received pursuant to a request made under	37176
this division from the superintendent of BCII or the federal	37177
bureau of investigation as part of the criminal records check,	37178
including fingerprint-based checks of national crime information	37179
databases as described in 42 U.S.C. 671, for the person subject to	37180
the criminal records check;	37181

(b) Written notification that the person subject to a	37182
criminal records check pursuant to this division failed upon	37183
request to provide the information necessary to complete the form	37184
or failed to provide impressions of the person's fingerprints as	37185
required under division (B)(2) of this section.	37186

(2) An appointing or hiring officer, administrative director,	37187
or attorney required by division (A) of this section to request a	37188
criminal records check shall provide to each person subject to a	37189
criminal records check a copy of the form prescribed pursuant to	37190
division (C)(1) of section 109.572 of the Revised Code and a	37191
standard impression sheet to obtain fingerprint impressions	37192
prescribed pursuant to division (C)(2) of section 109.572 of the	37193
Revised Code, obtain the completed form and impression sheet from	37194
the person, and forward the completed form and impression sheet to	37195
the superintendent of BCII at the time the criminal records check	37196
is requested.	37197

Any person subject to a criminal records check who receives	37198
pursuant to this division a copy of the form prescribed pursuant	37199
to division (C)(1) of section 109.572 of the Revised Code and a	37200
copy of an impression sheet prescribed pursuant to division (C)(2)	37201
of that section and who is requested to complete the form and	37202
provide a set of fingerprint impressions shall complete the form	37203
or provide all the information necessary to complete the form and	37204
shall provide the impression sheet with the impressions of the	37205
person's fingerprints. If a person subject to a criminal records	37206
check, upon request, fails to provide the information necessary to	37207
complete the form or fails to provide impressions of the person's	37208
fingerprints, the appointing or hiring officer shall not appoint	37209
or employ the person as a person responsible for a child's care in	37210
out-of-home care, a probate court may not issue a final decree of	37211
adoption or an interlocutory order of adoption making the person	37212
an adoptive parent, and the department of job and family services	37213
shall not issue a certificate authorizing the prospective foster	37214
caregiver to operate a foster home.	37215

(C)(1) No appointing or hiring officer shall appoint or	37216
employ a person as a person responsible for a child's care in	37217
out-of-home care, the department of job and family services shall	37218
not issue a certificate under section 5103.03 of the Revised Code	37219
authorizing a prospective foster caregiver to operate a foster	37220
home, and no probate court shall issue a final decree of adoption	37221
or an interlocutory order of adoption making a person an adoptive	37222
parent if the person or, in the case of a prospective foster	37223
caregiver or prospective adoptive parent, any person eighteen	37224
years of age or older who resides with the prospective foster	37225
caregiver or prospective adoptive parent previously has been	37226
convicted of or pleaded guilty to any of the violations described	37227
in division (A)(4) of section 109.572 of the Revised Code, unless	37228
the person meets rehabilitation standards established in rules	37229
adopted under division (F) of this section.	37230

(2) The appointing or hiring officer may appoint or employ a	37231
person as a person responsible for a child's care in out-of-home	37232
care conditionally until the criminal records check required by	37233
this section is completed and the officer receives the results of	37234
the criminal records check. If the results of the criminal records	37235
check indicate that, pursuant to division (C)(1) of this section,	37236
the person subject to the criminal records check does not qualify	37237
for appointment or employment, the officer shall release the	37238
person from appointment or employment.	37239

(3) Prior to certification or recertification under section	37240
5103.03 of the Revised Code, the prospective foster caregiver	37241
subject to a criminal records check under division (A)(3) of this	37242
section shall notify the recommending agency of the revocation of	37243
any foster home license, certificate, or other similar	37244
authorization in another state occurring within the five years	37245
prior to the date of application to become a foster caregiver in	37246
this state. The failure of a prospective foster caregiver to	37247
notify the recommending agency of any revocation of that type in	37248
another state that occurred within that five-year period shall be	37249
grounds for denial of the person's foster home application or the	37250
revocation of the person's foster home certification, whichever is	37251
applicable. If a person has had a revocation in another state	37252
within the five years prior to the date of the application, the	37253
department of job and family services shall not issue a foster	37254
home certificate to the prospective foster caregiver.	37255

(D) The appointing or hiring officer, administrative	37256
director, or attorney shall pay to the bureau of criminal	37257
identification and investigation the fee prescribed pursuant to	37258
division (C)(3) of section 109.572 of the Revised Code for each	37259
criminal records check conducted in accordance with that section	37260
upon a request pursuant to division (A) of this section. The	37261
officer, director, or attorney may charge the person subject to	37262
the criminal records check a fee for the costs the officer,	37263
director, or attorney incurs in obtaining the criminal records	37264
check. A fee charged under this division shall not exceed the	37265
amount of fees the officer, director, or attorney pays for the	37266
criminal records check. If a fee is charged under this division,	37267
the officer, director, or attorney shall notify the person who is	37268
the applicant at the time of the person's initial application for	37269
appointment or employment, an adoption to be arranged, or a	37270
certificate to operate a foster home of the amount of the fee and	37271
that, unless the fee is paid, the person who is the applicant will	37272
not be considered for appointment or employment or as an adoptive	37273
parent or foster caregiver.	37274

(E) The report of any criminal records check conducted by the	37275
bureau of criminal identification and investigation in accordance	37276
with section 109.572 of the Revised Code and pursuant to a request	37277
made under division (A) of this section is not a public record for	37278
the purposes of section 149.43 of the Revised Code and shall not	37279
be made available to any person other than the following:	37280

(1) The person who is the subject of the criminal records	37281
check or the person's representative;	37282

(2) The appointing or hiring officer, administrative	37283
director, or attorney requesting the criminal records check or the	37284
officer's, director's, or attorney's representative;	37285

(3) The department of job and family services, a county	37286
department of job and family services, or a public children	37287
services agency;	37288

(4) Any court, hearing officer, or other necessary individual	37289
involved in a case dealing with the denial of employment, a final	37290
decree of adoption or interlocutory order of adoption, or a foster	37291
home certificate.	37292

(F) The director of job and family services shall adopt rules	37293
in accordance with Chapter 119. of the Revised Code to implement	37294
this section. The rules shall include rehabilitation standards a	37295
person who has been convicted of or pleaded guilty to an offense	37296
listed in division (A)(4) of section 109.572 of the Revised Code	37297
must meet for an appointing or hiring officer to appoint or employ	37298
the person as a person responsible for a child's care in	37299
out-of-home care, a probate court to issue a final decree of	37300
adoption or interlocutory order of adoption making the person an	37301
adoptive parent, or the department to issue a certificate	37302
authorizing the prospective foster caregiver to operate a foster	37303
home or not revoke a foster home certificate for a violation	37304
specified in section 5103.0328 of the Revised Code.	37305

(G) An appointing or hiring officer, administrative director,	37306
or attorney required by division (A) of this section to request a	37307
criminal records check shall inform each person who is the	37308
applicant, at the time of the person's initial application for	37309
appointment or employment, an adoption to be arranged, or a foster	37310
home certificate, that the person subject to the criminal records	37311
check is required to provide a set of impressions of the person's	37312
fingerprints and that a criminal records check is required to be	37313
conducted and satisfactorily completed in accordance with section	37314
109.572 of the Revised Code.	37315

(H) ~~The department of job and family services may waive the~~	37316
~~requirement that a criminal records check based on fingerprints be~~	37317
~~conducted for an adult resident of a prospective adoptive or~~	37318
~~foster home or the home of a foster caregiver if the recommending~~	37319
~~agency documents to the department's satisfaction that the adult~~	37320
~~resident is physically unable to comply with the fingerprinting~~	37321
~~requirement and poses no danger to foster children or adoptive~~	37322
~~children who may be placed in the home. In such cases, the~~	37323
~~recommending or approving agency shall request that the bureau of~~	37324
~~criminal identification and investigation conduct a criminal~~	37325
~~records check using the person's name and social security number.~~	37326

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

37327

(1) "Children's hospital" means any of the following:

37328

(a) A hospital registered under section 3701.07 of the	37329
Revised Code that provides general pediatric medical and surgical	37330
care, and in which at least seventy-five per cent of annual	37331
inpatient discharges for the preceding two calendar years were	37332
individuals less than eighteen years of age;	37333

(b) A distinct portion of a hospital registered under section	37334
3701.07 of the Revised Code that provides general pediatric	37335
medical and surgical care, has a total of at least one hundred	37336
fifty registered pediatric special care and pediatric acute care	37337
beds, and in which at least seventy-five per cent of annual	37338
inpatient discharges for the preceding two calendar years were	37339
individuals less than eighteen years of age;	37340

(c) A distinct portion of a hospital, if the hospital is	37341
registered under section 3701.07 of the Revised Code as a	37342
children's hospital and the children's hospital meets all the	37343
requirements of division ~~(I)~~(H)(1)(a) of this section.	37344

(2) "Criminal records check" has the same meaning as in	37345
section 109.572 of the Revised Code.	37346

(3) "Person responsible for a child's care in out-of-home	37347
care" has the same meaning as in section 2151.011 of the Revised	37348
Code, except that it does not include a prospective employee of	37349
the department of youth services or a person responsible for a	37350
child's care in a hospital or medical clinic other than a	37351
children's hospital.	37352

(4) "Person subject to a criminal records check" means the	37353
following:	37354

(a) A person who is under final consideration for appointment	37355
or employment as a person responsible for a child's care in	37356
out-of-home care;	37357

(b) A prospective adoptive parent;

37358

37359

(d) A person eighteen years old or older who resides with a	37360
prospective foster caregiver or a prospective adoptive parent.	37361

(5) "Recommending agency" means a public children services	37362
agency, private child placing agency, or private noncustodial	37363
agency to which the department of job and family services has	37364
delegated a duty to inspect and approve foster homes.	37365

(6) "Superintendent of BCII" means the superintendent of the	37366
bureau of criminal identification and investigation.	37367

Sec. 2152.54. (A) An evaluation of a child who does not	37368
appear to the court to be a person who is at least moderately	37369
intellectually disabled shall be made by an evaluator who is one	37370
of the following:	37371

(1) A professional employed by a psychiatric facility or	37372
center certified by the department of ~~mental health~~mental health	37373
and addiction services to provide forensic services and appointed	37374
by the director of the facility or center to conduct the	37375
evaluation;	37376

(2) A psychiatrist or a licensed clinical psychologist who	37377
satisfies the criteria of division (I)(1) of section 5122.01 of	37378
the Revised Code and has specialized education, training, or	37379
experience in forensic evaluations of children or adolescents.	37380

(B) An evaluation of a child who appears to the court to be a	37381
person who is at least moderately intellectually disabled shall be	37382
made by a psychiatrist or licensed clinical psychologist who	37383
satisfies the criteria of division (I)(1) of section 5122.01 of	37384
the Revised Code and has specialized education, training, or	37385
experience in forensic evaluations of children or adolescents who	37386
have intellectual disability.	37387

(C) If an evaluation is conducted by an evaluator of the type	37388
described in division (A)(1) or (2) of this section and the	37389
evaluator concludes that the child is a person who is at least	37390
moderately intellectually disabled, the evaluator shall	37391
discontinue the evaluation and notify the court within one	37392
business day after reaching the conclusion. Within two business	37393
days after receiving notification, the court shall order the child	37394
to undergo an evaluation by an evaluator of the type described in	37395
division (B) of this section. Within two business days after the	37396
appointment of the new evaluator, the original evaluator shall	37397
deliver to the new evaluator all information relating to the child	37398
obtained during the original evaluation.	37399

Sec. 2152.59. (A) If after a hearing held pursuant to	37400
section 2152.58 of the Revised Code the court determines that a	37401
child is competent, the court shall proceed with the delinquent	37402
child's proceeding as provided by law. No statement that a child	37403
makes during an evaluation or hearing conducted under sections	37404
2152.51 through 2152.59 of the Revised Code shall be used against	37405
the child on the issue of responsibility or guilt in any child or	37406
adult proceeding.	37407

(B) If after a hearing held pursuant to section 2152.58 of	37408
the Revised Code the court determines that the child is not	37409
competent and cannot attain competency within the period of time	37410
applicable under division (D)(2) of this section, the court shall	37411
dismiss the charges without prejudice, except that the court may	37412
delay dismissal for up to ninety calendar days and do either of	37413
the following:	37414

(1) Refer the matter to a public children services agency and	37415
request that agency determine whether to file an action in	37416
accordance with section 2151.27 of the Revised Code alleging that	37417
the child is a dependent, neglected, or abused child;	37418

(2) Assign court staff to refer the child or the child's	37419
family to the local family and children first council or an agency	37420
funded by the department of ~~mental health~~mental health and	37421
addiction services or department of developmental disabilities or	37422
otherwise secure services to reduce the potential that the child	37423
would engage in behavior that could result in delinquent child or	37424
other criminal charges.	37425

(C) If after a hearing held pursuant to section 2152.58 of	37426
the Revised Code the court determines that a child is not	37427
competent but could likely attain competency by participating in	37428
services specifically designed to help the child develop	37429
competency, the court may order the child to participate in	37430
services specifically designed to help the child develop	37431
competency at county expense. The court shall name a reliable	37432
provider to deliver the competency attainment services and shall	37433
order the child's parent, guardian, or custodian to contact that	37434
provider by a specified date to arrange for services.	37435

(D) The competency attainment services provided to a child	37436
shall be based on a competency attainment plan described in	37437
division (E)(2) of this section and approved by the court.	37438
Services are subject to the following conditions and time periods	37439
measured from the date the court approves the plan:	37440

(1) Services shall be provided in the least restrictive	37441
setting that is consistent with the child's ability to attain	37442
competency and the safety of both the child and the community. If	37443
the child has been released on temporary or interim orders and	37444
refuses or fails to cooperate with the service provider, the court	37445
may reassess the orders and amend them to require a more	37446
appropriate setting.	37447

(2) No child shall be required to participate in competency	37448
attainment services for longer than is required for the child to	37449
attain competency. The following maximum periods of participation	37450
apply:	37451

(a) If a child is ordered to participate in competency	37452
attainment services that are provided outside of a residential	37453
setting, the child shall not participate in those services for a	37454
period exceeding three months if the child is charged with an act	37455
that would be a misdemeanor if committed by an adult, six months	37456
if the child is charged with an act that would be a felony of the	37457
third, fourth, or fifth degree if committed by an adult, or one	37458
year if the child is charged with an act that would be a felony of	37459
the first or second degree, aggravated murder, or murder if	37460
committed by an adult.	37461

(b) If a child is ordered to receive competency attainment	37462
services that are provided in a residential setting that is	37463
operated solely or in part for the purpose of providing competency	37464
attainment services, the child shall not participate in those	37465
services for a period exceeding forty-five calendar days if the	37466
child is charged with an act that would be a misdemeanor if	37467
committed by an adult, three months if the child is charged with	37468
an act that would be a felony of the third, fourth, or fifth	37469
degree if committed by an adult, six months if the child is	37470
charged with an act that would be a felony of the first or second	37471
degree if committed by an adult, or one year if the child is	37472
charged with an act that would be aggravated murder or murder if	37473
committed by an adult.	37474

(c) If a child is ordered into a residential, detention, or	37475
other secured setting for reasons other than to participate in	37476
competency attainment services and is also ordered to participate	37477
in competency attainment services concurrently, the child shall	37478
participate in the competency attainment services for not longer	37479
than the relevant period set forth in division (D)(2)(a) of this	37480
section.	37481

(d) If a child is ordered to participate in competency	37482
attainment services that require the child to live for some but	37483
not all of the duration of the services in a residential setting	37484
that is operated solely or in part for the purpose of providing	37485
competency attainment services, the child shall participate in the	37486
competency attainment services for not longer than the relevant	37487
period set forth in division (D)(2)(b) of this section. For the	37488
purpose of calculating a time period under division (D)(2)(d) of	37489
this section, two days of participation in a nonresidential	37490
setting shall equal one day of participation in a residential	37491
setting.	37492

(3) A child who receives competency attainment services in a	37493
residential setting that is operated solely or partly for the	37494
purpose of providing competency attainment services is in	37495
detention for purposes of section 2921.34 and division (B) of	37496
section 2152.18 of the Revised Code during the time that the child	37497
resides in the residential setting.	37498

(E)(1) Within ten business days after the court names the	37499
provider responsible for the child's competency attainment	37500
services under division (D) of this section, the court shall	37501
deliver to that provider a copy of each competency assessment	37502
report it has received for review. The provider shall return the	37503
copies of the reports to the court upon the termination of the	37504
services.	37505

(2) Not later than thirty calendar days after the child	37506
contacts the competency attainment services provider under	37507
division (C) of this section, the provider shall submit to the	37508
court a plan for the child to attain competency. The court shall	37509
provide copies of the plan to the prosecuting attorney, the	37510
child's attorney, the child's guardian ad litem, if any, and the	37511
child's parents, guardian, or custodian.	37512

(F) The provider that provides the child's competency	37513
attainment services pursuant to the competency attainment plan	37514
shall submit reports to the court on the following schedule:	37515

(1) A report on the child's progress every thirty calendar	37516
days and on the termination of services. The report shall not	37517
include any details of the alleged offense as reported by the	37518
child.	37519

(2) If the provider determines that the child is not	37520
cooperating to a degree that would allow the services to be	37521
effective to help the child attain competency, a report informing	37522
the court of the determination within three business days after	37523
making the determination;	37524

(3) If the provider determines that the current setting is no	37525
longer the least restrictive setting that is consistent with the	37526
child's ability to attain competency and the safety of both the	37527
child and the community, a report informing the court of the	37528
determination within three business days after making the	37529
determination;	37530

(4) If the provider determines that the child has achieved	37531
the goals of the plan and would be able to understand the nature	37532
and objectives of the proceeding against the child and to assist	37533
in the child's defense, with or without reasonable accommodations	37534
to meet the criteria set forth in division (B) of section 2152.56	37535
of the Revised Code, a report informing the court of that	37536
determination within three business days after making the	37537
determination. If the provider believes that accommodations would	37538
be necessary or desirable, the report shall include	37539
recommendations for accommodations.	37540

(5) If the provider determines that the child will not	37541
achieve the goals of the plan within the applicable period of time	37542
under division (D)(2) of this section, a report informing the	37543
court of the determination within three business days after making	37544
the determination. The report shall include recommendations for	37545
services for the child that would support the safety of the child	37546
or the community.	37547

(G) The court shall provide copies of any report made under	37548
division (F) of this section to the prosecuting attorney, the	37549
child's attorney, and the child's guardian ad litem, if any. The	37550
court shall provide copies of any report made under division (F)	37551
of this section to the child's parents, guardian, or custodian	37552
unless the court finds that doing so is not in the best interest	37553
of the child.	37554

(H)(1) Within fifteen business days after receiving a report	37555
under division (F) of this section, the court may hold a hearing	37556
to determine if a new order is necessary. To assist in making a	37557
determination under division (H) of this section, the court may	37558
order a new competency evaluation in accordance with section	37559
2152.53 of the Revised Code. Until a new order is issued or the	37560
required period of participation expires, the child shall continue	37561
to participate in competency attainment services.	37562

(2) If after a hearing held under division (H)(1) of this	37563
section the court determines that the child is not making progress	37564
toward competency or is so uncooperative that attainment services	37565
cannot be effective, the court may order a change in setting or	37566
services that would help the child attain competency within the	37567
relevant period of time under division (D)(2) of this section.	37568

(3) If after a hearing held under division (H)(1) of this	37569
section the court determines that the child has not or will not	37570
attain competency within the relevant period of time under	37571
division (D)(2) of this section, the court shall dismiss the	37572
delinquency complaint without prejudice, except that the court may	37573
delay dismissal for up to ninety calendar days and do either of	37574
the following:	37575

(a) Refer the matter to a public children services agency and	37576
request that agency determine whether to file an action in	37577
accordance with section 2151.27 of the Revised Code alleging that	37578
the child is a dependent, neglected, or abused child;	37579

(b) Assign court staff to refer the child or the child's	37580
family to the local family and children first council or an agency	37581
funded by the department of ~~mental health~~mental health and	37582
addiction services or department of developmental disabilities or	37583
otherwise secure services to reduce the potential that the child	37584
would engage in behavior that could result in delinquency or other	37585
criminal charges.	37586

(4) A dismissal under division (H)(3) of this section does	37587
not preclude a future delinquent child proceeding or criminal	37588
prosecution as provided under section 2151.23 of the Revised Code	37589
if the child eventually attains competency.	37590

(5) If after a hearing held under division (H)(1) of this	37591
section the court determines that the child has attained	37592
competency, the court shall proceed with the delinquent child's	37593
proceeding in accordance with division (A) of this section.	37594

(6) A dismissal under this section does not bar a civil	37595
action based on the acts or omissions that formed the basis of the	37596
complaint.	37597

Sec. 2301.14. The clerk of the court of common pleas in	37598
which the service of a court interpreter is rendered shall tax in	37599
the cost bill in such case, to be collected as other costs, the	37600
sum of three dollars for each day of service of such interpreter,	37601
which fees shall be paid into the county treasury to the credit of	37602
the county fund. If the party taxed with costs is indigent, the	37603
clerk shall not tax the interpreter's fees as costs, and the	37604
county shall pay the interpreter's fees.	37605

Sec. 2301.19. A transcript is an official verbatim record of	37606
a proceeding that is prepared by a reporter and that is certified	37607
to be correct by the reporter. A transcript, but not a duplicate	37608
copy of a transcript, shall be taken and received as prima facie	37609
evidence of its correctness.	37610

Sec. 2301.20. ~~All~~If any party to a civil ~~and~~or criminal	37611
~~actions~~action requests the services of a reporter at a hearing in	37612
the action, the court ~~of common pleas~~ shall ~~be recorded~~grant the	37613
request. The reporter shall ~~take accurate notes of or~~	37614
~~electronically record~~carefully preserve the ~~oral testimony~~	37615
proceeding on an appropriate medium. The ~~notes and electronic~~	37616
~~records~~medium shall be filed in the office of the official	37617
reporter and carefully preserved for either of the following	37618
periods of time:	37619

(A) If the action is not a capital case, the ~~notes and~~	37620
~~electronic records~~medium shall be preserved for the period of	37621
time specified by the court of common pleas, which period of time	37622
shall not be longer than the period of time that the other records	37623
of the particular action are required to be kept.	37624

(B) If the action is a capital case, the ~~notes and electronic~~	37625
~~records~~medium shall be preserved for the longer of ten years or	37626
until the final disposition of the action and exhaustion of all	37627
appeals.	37628

Sec. 2301.23. ~~When notes have been taken or an electronic~~	37629
~~recording has been made in a case as provided in section 2301.20~~	37630
~~of the Revised Code, if~~If the court or ~~either~~any party to ~~the~~a	37631
suit requests a written ~~transcripts~~transcript of all or any	37632
portion of the proceeding that has been preserved on an	37633
appropriate medium by the reporter or other court personnel, the	37634
reporter ~~reporting the case~~ shall make a full and accurate	37635
~~transcripts of the notes or electronic recording~~transcript. The	37636
court may direct the official reporter to furnish to the court and	37637
the parties copies of decisions rendered and charges delivered by	37638
the court in pending cases.	37639

When the compensation for transcripts, copies of decisions,	37640
or charges is taxed as a part of the costs, the transcripts,	37641
copies of decisions, and charges shall remain on file with the	37642
papers of the case.	37643

Sec. 2301.24. (A) As used in this section, "actual cost"	37644
means the cost of depleted supplies; records storage media costs;	37645
actual mailing and alternative delivery costs, or other	37646
transmitting costs; and any direct equipment operating and	37647
maintenance costs, including actual costs paid to private	37648
contractors for copying services.	37649

(B) The compensation of reporters for making written	37650
transcripts as provided in section 2301.23 of the Revised Code	37651
shall be fixed by the court of common pleas of the county in which	37652
the ~~trial~~proceeding is held. ~~If more than one~~When a transcript	37653
of ~~the same testimony or~~any portion of a proceeding is ordered,	37654
by the prosecuting attorney, the attorney general, a municipal	37655
director of law, or a similar chief legal officer of a public	37656
office in an appeal of any civil, criminal, or juvenile case or by	37657
the indigent defendant in an appeal of any criminal or juvenile	37658
case, any additional transcript of the same portion of the	37659
proceeding that is ordered by any of these parties for filing	37660
shall be provided by the reporter ~~shall make copies of the~~	37661
~~transcript at cost pursuant to division (B)(1) of section 149.43~~	37662
~~of the Revised Code or shall provide an electronic copy of the~~	37663
~~transcript free of charge~~at actual cost. In all other	37664
circumstances, the compensation to the reporter for making an	37665
additional transcript shall be as fixed by the court but shall not	37666
exceed one-half the compensation allowed for the first transcript	37667
made of the portion of the proceeding. The compensation shall be	37668
paid by the party for whose benefit a transcript is made~~. The~~,	37669
except that the compensation for transcripts requested by the	37670
prosecuting attorney or an indigent defendant in criminal cases or	37671
by the trial judge in either civil or criminal cases, and for	37672
copies of decisions and charges furnished by direction of the	37673
court shall be paid from the county treasury and taxed and	37674
collected as costs.	37675

(C) A reporter who takes the testimony of witnesses before a	37676
grand jury shall receive the same compensation for the transcript,	37677
and be paid in the same manner, as for other transcripts under	37678
division (B) of this section.	37679

(D) A duplicate copy of a transcript shall be provided by the	37680
clerk of court, if the transcript has been filed, or by the	37681
reporter, if the transcript has not been filed, at actual cost.	37682
Personnel cost may be added to the actual cost if the time of a	37683
reporter who makes a duplicate copy or an additional transcript is	37684
not paid for by a public entity. The reporter shall provide an	37685
electronic copy of a transcript at actual cost.	37686

Sec. 2301.25. When ordered by the prosecuting attorney or	37687
the defendant in a criminal case or when ordered by a judge of the	37688
court of common pleas in either civil or criminal cases, the costs	37689
of transcripts shall be taxed as costs in the case, collected as	37690
other costs, whether the transcripts have been prepaid or not, as	37691
provided by section 2301.24 of the Revised Code, paid by the clerk	37692
of the court of common pleas quarterly into the county treasury,	37693
and credited to the general fund. If, upon final judgment, the	37694
costs or any part of the costs are adjudged against a defendant in	37695
a criminal case and the defendant has prepaid for the cost of a	37696
transcript or has paid a deposit toward the cost of the	37697
transcript, the defendant shall be allowed credit onfor the ~~cost~~	37698
~~bill of the~~ amount ~~paid for the transcript the defendant ordered~~	37699
~~and, if~~prepaid or deposited and shall not be charged again for	37700
that amount as part of the costs. If upon final judgment the costs	37701
are ~~finally~~ adjudged against the state, the defendant shall ~~have~~	37702
~~the defendant's deposit~~be refunded the amount prepaid or	37703
deposited toward the transcript. ~~All transcripts shall be taken~~	37704
~~and received as prima-facie evidence of their correctness. If the~~	37705
~~testimony of witnesses is taken before the grand jury by~~	37706
~~reporters, they shall receive for the transcripts the same~~	37707
~~compensation and be paid in the same manner as provided in this~~	37708
~~section and section 2301.24 of the Revised Code.~~	37709

This section, as amended by H.B. 59 of the 130th general	37710
assembly, applies to transcripts of proceedings that are recorded	37711
on or after the effective date of the amendment.	37712

Sec. 2303.201. (A)(1) The court of common pleas of any	37713
county may determine that for the efficient operation of the court	37714
additional funds are required to computerize the court, to make	37715
available computerized legal research services, or to do both.	37716
Upon making a determination that additional funds are required for	37717
either or both of those purposes, the court shall authorize and	37718
direct the clerk of the court of common pleas to charge one	37719
additional fee, not to exceed six dollars, on the filing of each	37720
cause of action or appeal under divisions (A), (Q), and (U) of	37721
section 2303.20 of the Revised Code.	37722

(2) All fees collected under division (A)(1) of this section	37723
shall be paid to the county treasurer. The treasurer shall place	37724
the funds from the fees in a separate fund to be disbursed either	37725
upon an order of the court, subject to an appropriation by the	37726
board of county commissioners, or upon an order of the court,	37727
subject to the court making an annual report available to the	37728
public listing the use of all such funds, in an amount not greater	37729
than the actual cost to the court of procuring and maintaining	37730
computerization of the court, computerized legal research	37731
services, or both.	37732

(3) If the court determines that the funds in the fund	37733
described in division (A)(2) of this section are more than	37734
sufficient to satisfy the purpose for which the additional fee	37735
described in division (A)(1) of this section was imposed, the	37736
court may declare a surplus in the fund and, subject to an	37737
appropriation by the board of county commissioners, expend those	37738
surplus funds, or upon an order of the court, subject to the court	37739
making an annual report available to the public listing the use of	37740
all such funds, expend those surplus funds, for other appropriate	37741
technological expenses of the court.	37742

(B)(1) The court of common pleas of any county may determine	37743
that, for the efficient operation of the court, additional funds	37744
are required to make technological advances in or to computerize	37745
the office of the clerk of the court of common pleas and, upon	37746
that determination, authorize and direct the clerk of the court of	37747
common pleas to charge an additional fee, not to exceed twenty	37748
dollars, on the filing of each cause of action or appeal, on the	37749
filing, docketing, and endorsing of each certificate of judgment,	37750
or on the docketing and indexing of each aid in execution or	37751
petition to vacate, revive, or modify a judgment under divisions	37752
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	37753
and not to exceed one dollar each for the services described in	37754
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	37755
the Revised Code. Subject to division (B)(2) of this section, all	37756
moneys collected under division (B)(1) of this section shall be	37757
paid to the county treasurer to be disbursed, upon an order of the	37758
court of common pleas and subject to appropriation by the board of	37759
county commissioners, in an amount no greater than the actual cost	37760
to the court of procuring and maintaining technology and computer	37761
systems for the office of the clerk of the court of common pleas.	37762

(2) If the court of common pleas of a county makes the	37763
determination described in division (B)(1) of this section, the	37764
board of county commissioners of that county may issue one or more	37765
general obligation bonds for the purpose of procuring and	37766
maintaining the technology and computer systems for the office of	37767
the clerk of the court of common pleas. In addition to the	37768
purposes stated in division (B)(1) of this section for which the	37769
moneys collected under that division may be expended, the moneys	37770
additionally may be expended to pay debt charges on and financing	37771
costs related to any general obligation bonds issued pursuant to	37772
division (B)(2) of this section as they become due. General	37773
obligation bonds issued pursuant to division (B)(2) of this	37774
section are Chapter 133. securities.	37775

(C) The court of common pleas shall collect the sum of	37776
twenty-six dollars as additional filing fees in each new civil	37777
action or proceeding for the charitable public purpose of	37778
providing financial assistance to legal aid societies that operate	37779
within the state and to support the office of the state public	37780
defender. This division does not apply to proceedings concerning	37781
annulments, dissolutions of marriage, divorces, legal separation,	37782
spousal support, marital property or separate property	37783
distribution, support, or other domestic relations matters; to a	37784
juvenile division of a court of common pleas; to a probate	37785
division of a court of common pleas, except that the additional	37786
filing fees shall apply to name change, guardianship, adoption,	37787
and decedents' estate proceedings; or to an execution on a	37788
judgment, proceeding in aid of execution, or other post-judgment	37789
proceeding arising out of a civil action. The filing fees required	37790
to be collected under this division shall be in addition to any	37791
other filing fees imposed in the action or proceeding and shall be	37792
collected at the time of the filing of the action or proceeding.	37793
The court shall not waive the payment of the additional filing	37794
fees in a new civil action or proceeding unless the court waives	37795
the advanced payment of all filing fees in the action or	37796
proceeding. All such moneys collected during a month except for an	37797
amount equal to up to one per cent of those moneys retained to	37798
cover administrative costs shall be transmitted on or before the	37799
twentieth day of the following month by the clerk of the court to	37800
the treasurer of state in a manner prescribed by the treasurer of	37801
state or by the Ohio legal assistance foundation. The treasurer of	37802
state shall deposit four per cent of the funds collected under	37803
this division to the credit of the civil case filing fee fund	37804
established under section 120.07 of the Revised Code and	37805
ninety-six per cent of the funds collected under this division to	37806
the credit of the legal aid fund established under section 120.52	37807
of the Revised Code.	37808

The court may retain up to one per cent of the moneys it	37809
collects under this division to cover administrative costs,	37810
including the hiring of any additional personnel necessary to	37811
implement this division. If the court fails to transmit to the	37812
treasurer of state the moneys the court collects under this	37813
division in a manner prescribed by the treasurer of state or by	37814
the Ohio legal assistance foundation, the court shall forfeit the	37815
moneys the court retains under this division to cover	37816
administrative costs, including the hiring of any additional	37817
personnel necessary to implement this division, and shall transmit	37818
to the treasurer of state all moneys collected under this	37819
division, including the forfeited amount retained for	37820
administrative costs, for deposit in the legal aid fund.	37821

(D) On and after the thirtieth day after December 9, 1994,	37822
the court of common pleas shall collect the sum of thirty-two	37823
dollars as additional filing fees in each new action or proceeding	37824
for annulment, divorce, or dissolution of marriage for the purpose	37825
of funding shelters for victims of domestic violence pursuant to	37826
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	37827
required to be collected under this division shall be in addition	37828
to any other filing fees imposed in the action or proceeding and	37829
shall be collected at the time of the filing of the action or	37830
proceeding. The court shall not waive the payment of the	37831
additional filing fees in a new action or proceeding for	37832
annulment, divorce, or dissolution of marriage unless the court	37833
waives the advanced payment of all filing fees in the action or	37834
proceeding. On or before the twentieth day of each month, all	37835
moneys collected during the immediately preceding month pursuant	37836
to this division shall be deposited by the clerk of the court into	37837
the county treasury in the special fund used for deposit of	37838
additional marriage license fees as described in section 3113.34	37839
of the Revised Code. Upon their deposit into the fund, the moneys	37840
shall be retained in the fund and expended only as described in	37841
section 3113.34 of the Revised Code.	37842

(E)(1) The court of common pleas may determine that, for the	37843
efficient operation of the court, additional funds are necessary	37844
to acquire and pay for special projects of the court, including,	37845
but not limited to, the acquisition of additional facilities or	37846
the rehabilitation of existing facilities, the acquisition of	37847
equipment, the hiring and training of staff, community service	37848
programs, mediation or dispute resolution services, the employment	37849
of magistrates, the training and education of judges, acting	37850
judges, and magistrates, and other related services. Upon that	37851
determination, the court by rule may charge a fee, in addition to	37852
all other court costs, on the filing of each criminal cause, civil	37853
action or proceeding, or judgment by confession.	37854

If the court of common pleas offers or requires a special	37855
program or ~~service~~additional services in cases of a specific	37856
type, the court by rule may assess an additional charge in a case	37857
of that type, over and above court costs, to cover the special	37858
program or service. The court shall adjust the special assessment	37859
periodically, but not retroactively, so that the amount assessed	37860
in those cases does not exceed the actual cost of providing the	37861
service or program.	37862

All moneys collected under division (E) of this section shall	37863
be paid to the county treasurer for deposit into either a general	37864
special projects fund or a fund established for a specific special	37865
project. Moneys from a fund of that nature shall be disbursed upon	37866
an order of the court, subject to an appropriation by the board of	37867
county commissioners, in an amount no greater than the actual cost	37868
to the court of a project. If a specific fund is terminated	37869
because of the discontinuance of a program or service established	37870
under division (E) of this section, the court may order, subject	37871
to an appropriation by the board of county commissioners, that	37872
moneys remaining in the fund be transferred to an account	37873
established under this division for a similar purpose.	37874

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

37875

(a) "Criminal cause" means a charge alleging the violation of	37876
a statute or ordinance, or subsection of a statute or ordinance,	37877
that requires a separate finding of fact or a separate plea before	37878
disposition and of which the defendant may be found guilty,	37879
whether filed as part of a multiple charge on a single summons,	37880
citation, or complaint or as a separate charge on a single	37881
summons, citation, or complaint. "Criminal cause" does not include	37882
separate violations of the same statute or ordinance, or	37883
subsection of the same statute or ordinance, unless each charge is	37884
filed on a separate summons, citation, or complaint.	37885

(b) "Civil action or proceeding" means any civil litigation	37886
that must be determined by judgment entry.	37887

Sec. 2305.234. (A) As used in this section:

37888

(1) "Chiropractic claim," "medical claim," and "optometric	37889
claim" have the same meanings as in section 2305.113 of the	37890
Revised Code.	37891

(2) "Dental claim" has the same meaning as in section	37892
2305.113 of the Revised Code, except that it does not include any	37893
claim arising out of a dental operation or any derivative claim	37894
for relief that arises out of a dental operation.	37895

(3) "Governmental health care program" has the same meaning	37896
as in section 4731.65 of the Revised Code.	37897

(4) "Health care facility or location" means a hospital,	37898
clinic, ambulatory surgical facility, office of a health care	37899
professional or associated group of health care professionals,	37900
training institution for health care professionals, or any other	37901
place where medical, dental, or other health-related diagnosis,	37902
care, or treatment is provided to a person.	37903

(5) "Health care professional" means any of the following who	37904
provide medical, dental, or other health-related diagnosis, care,	37905
or treatment:	37906

(a) Physicians authorized under Chapter 4731. of the Revised	37907
Code to practice medicine and surgery or osteopathic medicine and	37908
surgery;	37909

(b) Registered nurses and licensed practical nurses licensed	37910
under Chapter 4723. of the Revised Code and individuals who hold a	37911
certificate of authority issued under that chapter that authorizes	37912
the practice of nursing as a certified registered nurse	37913
anesthetist, clinical nurse specialist, certified nurse-midwife,	37914
or certified nurse practitioner;	37915

(c) Physician assistants authorized to practice under Chapter	37916
4730. of the Revised Code;	37917

(d) Dentists and dental hygienists licensed under Chapter	37918
4715. of the Revised Code;	37919

(e) Physical therapists, physical therapist assistants,	37920
occupational therapists, and occupational therapy assistants	37921
licensed under Chapter 4755. of the Revised Code;	37922

(f) Chiropractors licensed under Chapter 4734. of the Revised	37923
Code;	37924

(g) Optometrists licensed under Chapter 4725. of the Revised	37925
Code;	37926

(h) Podiatrists authorized under Chapter 4731. of the Revised	37927
Code to practice podiatry;	37928

(i) Dietitians licensed under Chapter 4759. of the Revised	37929
Code;	37930

(j) Pharmacists licensed under Chapter 4729. of the Revised	37931
Code;	37932

(k) Emergency medical technicians-basic, emergency medical	37933
technicians-intermediate, and emergency medical	37934
technicians-paramedic, certified under Chapter 4765. of the	37935
Revised Code;	37936

(l) Respiratory care professionals licensed under Chapter	37937
4761. of the Revised Code;	37938

(m) Speech-language pathologists and audiologists licensed	37939
under Chapter 4753. of the Revised Code;	37940

(n) Professional clinical counselors, professional	37941
counselors, independent social workers, social workers,	37942
independent marriage and family therapists, and marriage and	37943
family therapists, licensed under Chapter 4757. of the Revised	37944
Code;	37945

(o) Psychologists licensed under Chapter 4732. of the Revised	37946
Code;	37947

(p) Independent chemical dependency counselors, chemical	37948
dependency counselors III, chemical dependency counselors II, and	37949
chemical dependency counselors I, licensed under Chapter 4758. of	37950
the Revised Code.	37951

(6) "Health care worker" means a person other than a health	37952
care professional who provides medical, dental, or other	37953
health-related care or treatment under the direction of a health	37954
care professional with the authority to direct that individual's	37955
activities, including medical technicians, medical assistants,	37956
dental assistants, orderlies, aides, and individuals acting in	37957
similar capacities.	37958

(7) "Indigent and uninsured person" means a person who meets	37959
all of the following requirements:	37960

(a) The person's income is not greater than two hundred per	37961
cent of the current poverty line as defined by the United States	37962
office of management and budget and revised in accordance with	37963
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	37964
95 Stat. 511, 42 U.S.C. 9902, as amended.	37965

(b) The person is not eligible ~~to receive medical assistance~~	37966
~~under Chapter 5111. of the Revised Code or assistance under~~for	37967
the medicaid program or any other governmental health care	37968
program.	37969

37970

(i) The person is not a policyholder, certificate holder,	37971
insured, contract holder, subscriber, enrollee, member,	37972
beneficiary, or other covered individual under a health insurance	37973
or health care policy, contract, or plan.	37974

(ii) The person is a policyholder, certificate holder,	37975
insured, contract holder, subscriber, enrollee, member,	37976
beneficiary, or other covered individual under a health insurance	37977
or health care policy, contract, or plan, but the insurer, policy,	37978
contract, or plan denies coverage or is the subject of insolvency	37979
or bankruptcy proceedings in any jurisdiction.	37980

(8) "Nonprofit health care referral organization" means an	37981
entity that is not operated for profit and refers patients to, or	37982
arranges for the provision of, health-related diagnosis, care, or	37983
treatment by a health care professional or health care worker.	37984

(9) "Operation" means any procedure that involves cutting or	37985
otherwise infiltrating human tissue by mechanical means, including	37986
surgery, laser surgery, ionizing radiation, therapeutic	37987
ultrasound, or the removal of intraocular foreign bodies.	37988
"Operation" does not include the administration of medication by	37989
injection, unless the injection is administered in conjunction	37990
with a procedure infiltrating human tissue by mechanical means	37991
other than the administration of medicine by injection.	37992
"Operation" does not include routine dental restorative	37993
procedures, the scaling of teeth, or extractions of teeth that are	37994
not impacted.	37995

(10) "Tort action" means a civil action for damages for	37996
injury, death, or loss to person or property other than a civil	37997
action for damages for a breach of contract or another agreement	37998
between persons or government entities.	37999

(11) "Volunteer" means an individual who provides any	38000
medical, dental, or other health-care related diagnosis, care, or	38001
treatment without the expectation of receiving and without receipt	38002
of any compensation or other form of remuneration from an indigent	38003
and uninsured person, another person on behalf of an indigent and	38004
uninsured person, any health care facility or location, any	38005
nonprofit health care referral organization, or any other person	38006
or government entity.	38007

(12) "Community control sanction" has the same meaning as in	38008
section 2929.01 of the Revised Code.	38009

(13) "Deep sedation" means a drug-induced depression of	38010
consciousness during which a patient cannot be easily aroused but	38011
responds purposefully following repeated or painful stimulation, a	38012
patient's ability to independently maintain ventilatory function	38013
may be impaired, a patient may require assistance in maintaining a	38014
patent airway and spontaneous ventilation may be inadequate, and	38015
cardiovascular function is usually maintained.	38016

(14) "General anesthesia" means a drug-induced loss of	38017
consciousness during which a patient is not arousable, even by	38018
painful stimulation, the ability to independently maintain	38019
ventilatory function is often impaired, a patient often requires	38020
assistance in maintaining a patent airway, positive pressure	38021
ventilation may be required because of depressed spontaneous	38022
ventilation or drug-induced depression of neuromuscular function,	38023
and cardiovascular function may be impaired.	38024

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	38025
health care professional who is a volunteer and complies with	38026
division (B)(2) of this section is not liable in damages to any	38027
person or government entity in a tort or other civil action,	38028
including an action on a medical, dental, chiropractic,	38029
optometric, or other health-related claim, for injury, death, or	38030
loss to person or property that allegedly arises from an action or	38031
omission of the volunteer in the provision to an indigent and	38032
uninsured person of medical, dental, or other health-related	38033
diagnosis, care, or treatment, including the provision of samples	38034
of medicine and other medical products, unless the action or	38035
omission constitutes willful or wanton misconduct.	38036

(2) To qualify for the immunity described in division (B)(1)	38037
of this section, a health care professional shall do all of the	38038
following prior to providing diagnosis, care, or treatment:	38039

(a) Determine, in good faith, that the indigent and uninsured	38040
person is mentally capable of giving informed consent to the	38041
provision of the diagnosis, care, or treatment and is not subject	38042
to duress or under undue influence;	38043

(b) Inform the person of the provisions of this section,	38044
including notifying the person that, by giving informed consent to	38045
the provision of the diagnosis, care, or treatment, the person	38046
cannot hold the health care professional liable for damages in a	38047
tort or other civil action, including an action on a medical,	38048
dental, chiropractic, optometric, or other health-related claim,	38049
unless the action or omission of the health care professional	38050
constitutes willful or wanton misconduct;	38051

(c) Obtain the informed consent of the person and a written	38052
waiver, signed by the person or by another individual on behalf of	38053
and in the presence of the person, that states that the person is	38054
mentally competent to give informed consent and, without being	38055
subject to duress or under undue influence, gives informed consent	38056
to the provision of the diagnosis, care, or treatment subject to	38057
the provisions of this section. A written waiver under division	38058
(B)(2)(c) of this section shall state clearly and in conspicuous	38059
type that the person or other individual who signs the waiver is	38060
signing it with full knowledge that, by giving informed consent to	38061
the provision of the diagnosis, care, or treatment, the person	38062
cannot bring a tort or other civil action, including an action on	38063
a medical, dental, chiropractic, optometric, or other	38064
health-related claim, against the health care professional unless	38065
the action or omission of the health care professional constitutes	38066
willful or wanton misconduct.	38067

(3) A physician or podiatrist who is not covered by medical	38068
malpractice insurance, but complies with division (B)(2) of this	38069
section, is not required to comply with division (A) of section	38070
4731.143 of the Revised Code.	38071

(C) Subject to divisions (F) and (G)(3) of this section,	38072
health care workers who are volunteers are not liable in damages	38073
to any person or government entity in a tort or other civil	38074
action, including an action upon a medical, dental, chiropractic,	38075
optometric, or other health-related claim, for injury, death, or	38076
loss to person or property that allegedly arises from an action or	38077
omission of the health care worker in the provision to an indigent	38078
and uninsured person of medical, dental, or other health-related	38079
diagnosis, care, or treatment, unless the action or omission	38080
constitutes willful or wanton misconduct.	38081

(D) Subject to divisions (F) and (G)(3) of this section, a	38082
nonprofit health care referral organization is not liable in	38083
damages to any person or government entity in a tort or other	38084
civil action, including an action on a medical, dental,	38085
chiropractic, optometric, or other health-related claim, for	38086
injury, death, or loss to person or property that allegedly arises	38087
from an action or omission of the nonprofit health care referral	38088
organization in referring indigent and uninsured persons to, or	38089
arranging for the provision of, medical, dental, or other	38090
health-related diagnosis, care, or treatment by a health care	38091
professional described in division (B)(1) of this section or a	38092
health care worker described in division (C) of this section,	38093
unless the action or omission constitutes willful or wanton	38094
misconduct.	38095

(E) Subject to divisions (F) and (G)(3) of this section and	38096
to the extent that the registration requirements of section	38097
3701.071 of the Revised Code apply, a health care facility or	38098
location associated with a health care professional described in	38099
division (B)(1) of this section, a health care worker described in	38100
division (C) of this section, or a nonprofit health care referral	38101
organization described in division (D) of this section is not	38102
liable in damages to any person or government entity in a tort or	38103
other civil action, including an action on a medical, dental,	38104
chiropractic, optometric, or other health-related claim, for	38105
injury, death, or loss to person or property that allegedly arises	38106
from an action or omission of the health care professional or	38107
worker or nonprofit health care referral organization relative to	38108
the medical, dental, or other health-related diagnosis, care, or	38109
treatment provided to an indigent and uninsured person on behalf	38110
of or at the health care facility or location, unless the action	38111
or omission constitutes willful or wanton misconduct.	38112

(F)(1) Except as provided in division (F)(2) of this section,	38113
the immunities provided by divisions (B), (C), (D), and (E) of	38114
this section are not available to a health care professional,	38115
health care worker, nonprofit health care referral organization,	38116
or health care facility or location if, at the time of an alleged	38117
injury, death, or loss to person or property, the health care	38118
professionals or health care workers involved are providing one of	38119
the following:	38120

(a) Any medical, dental, or other health-related diagnosis,	38121
care, or treatment pursuant to a community service work order	38122
entered by a court under division (B) of section 2951.02 of the	38123
Revised Code or imposed by a court as a community control	38124
sanction;	38125

(b) Performance of an operation to which any one of the	38126
following applies:	38127

(i) The operation requires the administration of deep	38128
sedation or general anesthesia.	38129

(ii) The operation is a procedure that is not typically	38130
performed in an office.	38131

(iii) The individual involved is a health care professional,	38132
and the operation is beyond the scope of practice or the	38133
education, training, and competence, as applicable, of the health	38134
care professional.	38135

(c) Delivery of a baby or any other purposeful termination of	38136
a human pregnancy.	38137

(2) Division (F)(1) of this section does not apply when a	38138
health care professional or health care worker provides medical,	38139
dental, or other health-related diagnosis, care, or treatment that	38140
is necessary to preserve the life of a person in a medical	38141
emergency.	38142

(G)(1) This section does not create a new cause of action or	38143
substantive legal right against a health care professional, health	38144
care worker, nonprofit health care referral organization, or	38145
health care facility or location.	38146

(2) This section does not affect any immunities from civil	38147
liability or defenses established by another section of the	38148
Revised Code or available at common law to which a health care	38149
professional, health care worker, nonprofit health care referral	38150
organization, or health care facility or location may be entitled	38151
in connection with the provision of emergency or other medical,	38152
dental, or other health-related diagnosis, care, or treatment.	38153

(3) This section does not grant an immunity from tort or	38154
other civil liability to a health care professional, health care	38155
worker, nonprofit health care referral organization, or health	38156
care facility or location for actions that are outside the scope	38157
of authority of health care professionals or health care workers.	38158

(4) This section does not affect any legal responsibility of	38159
a health care professional, health care worker, or nonprofit	38160
health care referral organization to comply with any applicable	38161
law of this state or rule of an agency of this state.	38162

(5) This section does not affect any legal responsibility of	38163
a health care facility or location to comply with any applicable	38164
law of this state, rule of an agency of this state, or local code,	38165
ordinance, or regulation that pertains to or regulates building,	38166
housing, air pollution, water pollution, sanitation, health, fire,	38167
zoning, or safety.	38168

Sec. 2307.65. (A) The attorney general may bring a civil	38169
action in the Franklin county court of common pleas on behalf of	38170
the department of ~~job and family services~~medicaid, and the	38171
prosecuting attorney of the county in which a violation of	38172
division (B) of section 2913.401 of the Revised Code occurs may	38173
bring a civil action in the court of common pleas of that county	38174
on behalf of the county department of job and family services,	38175
against a person who violates division (B) of section 2913.401 of	38176
the Revised Code for the recovery of the amount of benefits paid	38177
on behalf of a person that either department would not have paid	38178
but for the violation minus any amounts paid in restitution under	38179
division (C)(2) of section 2913.401 of the Revised Code and for	38180
reasonable attorney's fees and all other fees and costs of	38181
litigation.	38182

(B) In a civil action brought under division (A) of this	38183
section, if the defendant failed to disclose a transfer of	38184
property in violation of division (B)(3) of section 2913.401 of	38185
the Revised Code, the court may also grant any of the following	38186
relief to the extent permitted by the "Social Security Act,"	38187
section 1917, 42 U.S.C. 1396p:	38188

(1) Avoidance of the transfer of property that was not	38189
disclosed in violation of division (B)(3) of section 2913.401 of	38190
the Revised Code to the extent of the amount of benefits the	38191
department would not have paid but for the violation;	38192

(2) An order of attachment or garnishment against the	38193
property in accordance with Chapter 2715. or 2716. of the Revised	38194
Code;	38195

(3) An injunction against any further disposition by the	38196
transferor or transferee, or both, of the property the transfer of	38197
which was not disclosed in violation of division (B)(3) of section	38198
2913.401 of the Revised Code or against the disposition of other	38199
property by the transferor or transferee;	38200

(4) Appointment of a receiver to take charge of the property	38201
transferred or of other property of the transferee;	38202

(5) Any other relief that the court considers just and	38203
equitable.	38204

(C) To the extent permitted by the "Social Security Act,"	38205
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	38206
~~services~~medicaid or the county department of job and family	38207
services may enforce a judgment obtained under this section by	38208
levying on property the transfer of which was not disclosed in	38209
violation of division (B)(3) of section 2913.401 of the Revised	38210
Code or on the proceeds of the transfer of that property in	38211
accordance with Chapter 2329. of the Revised Code.	38212

(D) The remedies provided in divisions (B) and (C) of this	38213
section do not apply if the transferee of the property the	38214
transfer of which was not disclosed in violation of division	38215
(B)(3) of section 2913.401 of the Revised Code acquired the	38216
property in good faith and for fair market value.	38217

(E) The remedies provided in this section are not exclusive	38218
and do not preclude the use of any other criminal or civil remedy	38219
for any act that is in violation of section 2913.401 of the	38220
Revised Code.	38221

(F) Amounts of medicaid ~~benefits~~services paid and recovered	38222
in an action brought under this section shall be credited to the	38223
general revenue fund, and any applicable federal share shall be	38224
returned to the appropriate agency or department of the United	38225
States.	38226

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,	38227
or other impairment a party to or witness in a legal proceeding	38228
cannot readily understand or communicate, the court shall appoint	38229
a qualified interpreter to assist such person. ~~Before appointing~~	38230
~~any interpreter under this division for a party or witness who is~~	38231
~~a mentally retarded person or developmentally disabled person, the~~	38232
~~court shall evaluate the qualifications of the interpreter and~~	38233
~~shall make a determination as to the ability of the interpreter to~~	38234
~~effectively interpret on behalf of the party or witness that the~~	38235
~~interpreter will assist, and the court may appoint the interpreter~~	38236
~~only if the court is satisfied that the interpreter is able to~~	38237
~~effectively interpret on behalf of that party or witness.~~	38238

(2) This section is not limited to a person who speaks a	38239
language other than English. It also applies to the language and	38240
descriptions of any mentally retarded person or developmentally	38241
disabled person who cannot be reasonably understood, or who cannot	38242
understand questioning, without the aid of an interpreter. The	38243
interpreter may aid the parties in formulating methods of	38244
questioning the person with mental retardation or a developmental	38245
disability and in interpreting the answers of the person.	38246

(B) Before entering upon official duties, the interpreter	38247
shall take an oath that the interpreter will make a true	38248
interpretation of the proceedings to the party or witness, and	38249
that the interpreter will truly repeat the statements made by such	38250
party or witness to the court, to the best of the interpreter's	38251
ability. If the interpreter is appointed to assist a mentally	38252
retarded person or developmentally disabled person as described in	38253
division (A)(2) of this section, the oath also shall include an	38254
oath that the interpreter will not prompt, lead, suggest, or	38255
otherwise improperly influence the testimony of the witness or	38256
party.	38257

(C) The court shall determine a reasonable fee for all such	38258
interpreter service which shall be paid out of the same funds as	38259
witness fees. If the party taxed with costs is indigent, the court	38260
shall not tax the interpreter's fees as costs, and the county	38261
shall pay the interpreter's fees.	38262

(D) As used in this section, "mentally retarded person" and	38263
"developmentally disabled person" have the same meanings as in	38264
section 5123.01 of the Revised Code.	38265

Sec. 2317.02. The following persons shall not testify in	38266
certain respects:	38267

(A)(1) An attorney, concerning a communication made to the	38268
attorney by a client in that relation or concerning the attorney's	38269
advice to a client, except that the attorney may testify by	38270
express consent of the client or, if the client is deceased, by	38271
the express consent of the surviving spouse or the executor or	38272
administrator of the estate of the deceased client. However, if	38273
the client voluntarily reveals the substance of attorney-client	38274
communications in a nonprivileged context or is deemed by section	38275
2151.421 of the Revised Code to have waived any testimonial	38276
privilege under this division, the attorney may be compelled to	38277
testify on the same subject.	38278

The testimonial privilege established under this division	38279
does not apply concerning a communication between a client who has	38280
since died and the deceased client's attorney if the communication	38281
is relevant to a dispute between parties who claim through that	38282
deceased client, regardless of whether the claims are by testate	38283
or intestate succession or by inter vivos transaction, and the	38284
dispute addresses the competency of the deceased client when the	38285
deceased client executed a document that is the basis of the	38286
dispute or whether the deceased client was a victim of fraud,	38287
undue influence, or duress when the deceased client executed a	38288
document that is the basis of the dispute.	38289

(2) An attorney, concerning a communication made to the	38290
attorney by a client in that relationship or the attorney's advice	38291
to a client, except that if the client is an insurance company,	38292
the attorney may be compelled to testify, subject to an in camera	38293
inspection by a court, about communications made by the client to	38294
the attorney or by the attorney to the client that are related to	38295
the attorney's aiding or furthering an ongoing or future	38296
commission of bad faith by the client, if the party seeking	38297
disclosure of the communications has made a prima-facie showing of	38298
bad faith, fraud, or criminal misconduct by the client.	38299

(B)(1) A physician or a dentist concerning a communication	38300
made to the physician or dentist by a patient in that relation or	38301
the physician's or dentist's advice to a patient, except as	38302
otherwise provided in this division, division (B)(2), and division	38303
(B)(3) of this section, and except that, if the patient is deemed	38304
by section 2151.421 of the Revised Code to have waived any	38305
testimonial privilege under this division, the physician may be	38306
compelled to testify on the same subject.	38307

The testimonial privilege established under this division	38308
does not apply, and a physician or dentist may testify or may be	38309
compelled to testify, in any of the following circumstances:	38310

(a) In any civil action, in accordance with the discovery	38311
provisions of the Rules of Civil Procedure in connection with a	38312
civil action, or in connection with a claim under Chapter 4123. of	38313
the Revised Code, under any of the following circumstances:	38314

(i) If the patient or the guardian or other legal	38315
representative of the patient gives express consent;	38316

(ii) If the patient is deceased, the spouse of the patient or	38317
the executor or administrator of the patient's estate gives	38318
express consent;	38319

(iii) If a medical claim, dental claim, chiropractic claim,	38320
or optometric claim, as defined in section 2305.113 of the Revised	38321
Code, an action for wrongful death, any other type of civil	38322
action, or a claim under Chapter 4123. of the Revised Code is	38323
filed by the patient, the personal representative of the estate of	38324
the patient if deceased, or the patient's guardian or other legal	38325
representative.	38326

(b) In any civil action concerning court-ordered treatment or	38327
services received by a patient, if the court-ordered treatment or	38328
services were ordered as part of a case plan journalized under	38329
section 2151.412 of the Revised Code or the court-ordered	38330
treatment or services are necessary or relevant to dependency,	38331
neglect, or abuse or temporary or permanent custody proceedings	38332
under Chapter 2151. of the Revised Code.	38333

(c) In any criminal action concerning any test or the results	38334
of any test that determines the presence or concentration of	38335
alcohol, a drug of abuse, a combination of them, a controlled	38336
substance, or a metabolite of a controlled substance in the	38337
patient's whole blood, blood serum or plasma, breath, urine, or	38338
other bodily substance at any time relevant to the criminal	38339
offense in question.	38340

(d) In any criminal action against a physician or dentist. In	38341
such an action, the testimonial privilege established under this	38342
division does not prohibit the admission into evidence, in	38343
accordance with the Rules of Evidence, of a patient's medical or	38344
dental records or other communications between a patient and the	38345
physician or dentist that are related to the action and obtained	38346
by subpoena, search warrant, or other lawful means. A court that	38347
permits or compels a physician or dentist to testify in such an	38348
action or permits the introduction into evidence of patient	38349
records or other communications in such an action shall require	38350
that appropriate measures be taken to ensure that the	38351
confidentiality of any patient named or otherwise identified in	38352
the records is maintained. Measures to ensure confidentiality that	38353
may be taken by the court include sealing its records or deleting	38354
specific information from its records.	38355

(e)(i) If the communication was between a patient who has	38356
since died and the deceased patient's physician or dentist, the	38357
communication is relevant to a dispute between parties who claim	38358
through that deceased patient, regardless of whether the claims	38359
are by testate or intestate succession or by inter vivos	38360
transaction, and the dispute addresses the competency of the	38361
deceased patient when the deceased patient executed a document	38362
that is the basis of the dispute or whether the deceased patient	38363
was a victim of fraud, undue influence, or duress when the	38364
deceased patient executed a document that is the basis of the	38365
dispute.	38366

(ii) If neither the spouse of a patient nor the executor or	38367
administrator of that patient's estate gives consent under	38368
division (B)(1)(a)(ii) of this section, testimony or the	38369
disclosure of the patient's medical records by a physician,	38370
dentist, or other health care provider under division (B)(1)(e)(i)	38371
of this section is a permitted use or disclosure of protected	38372
health information, as defined in 45 C.F.R. 160.103, and an	38373
authorization or opportunity to be heard shall not be required.	38374

(iii) Division (B)(1)(e)(i) of this section does not require	38375
a mental health professional to disclose psychotherapy notes, as	38376
defined in 45 C.F.R. 164.501.	38377

(iv) An interested person who objects to testimony or	38378
disclosure under division (B)(1)(e)(i) of this section may seek a	38379
protective order pursuant to Civil Rule 26.	38380

(v) A person to whom protected health information is	38381
disclosed under division (B)(1)(e)(i) of this section shall not	38382
use or disclose the protected health information for any purpose	38383
other than the litigation or proceeding for which the information	38384
was requested and shall return the protected health information to	38385
the covered entity or destroy the protected health information,	38386
including all copies made, at the conclusion of the litigation or	38387
proceeding.	38388

(2)(a) If any law enforcement officer submits a written	38389
statement to a health care provider that states that an official	38390
criminal investigation has begun regarding a specified person or	38391
that a criminal action or proceeding has been commenced against a	38392
specified person, that requests the provider to supply to the	38393
officer copies of any records the provider possesses that pertain	38394
to any test or the results of any test administered to the	38395
specified person to determine the presence or concentration of	38396
alcohol, a drug of abuse, a combination of them, a controlled	38397
substance, or a metabolite of a controlled substance in the	38398
person's whole blood, blood serum or plasma, breath, or urine at	38399
any time relevant to the criminal offense in question, and that	38400
conforms to section 2317.022 of the Revised Code, the provider,	38401
except to the extent specifically prohibited by any law of this	38402
state or of the United States, shall supply to the officer a copy	38403
of any of the requested records the provider possesses. If the	38404
health care provider does not possess any of the requested	38405
records, the provider shall give the officer a written statement	38406
that indicates that the provider does not possess any of the	38407
requested records.	38408

(b) If a health care provider possesses any records of the	38409
type described in division (B)(2)(a) of this section regarding the	38410
person in question at any time relevant to the criminal offense in	38411
question, in lieu of personally testifying as to the results of	38412
the test in question, the custodian of the records may submit a	38413
certified copy of the records, and, upon its submission, the	38414
certified copy is qualified as authentic evidence and may be	38415
admitted as evidence in accordance with the Rules of Evidence.	38416
Division (A) of section 2317.422 of the Revised Code does not	38417
apply to any certified copy of records submitted in accordance	38418
with this division. Nothing in this division shall be construed to	38419
limit the right of any party to call as a witness the person who	38420
administered the test to which the records pertain, the person	38421
under whose supervision the test was administered, the custodian	38422
of the records, the person who made the records, or the person	38423
under whose supervision the records were made.	38424

(3)(a) If the testimonial privilege described in division	38425
(B)(1) of this section does not apply as provided in division	38426
(B)(1)(a)(iii) of this section, a physician or dentist may be	38427
compelled to testify or to submit to discovery under the Rules of	38428
Civil Procedure only as to a communication made to the physician	38429
or dentist by the patient in question in that relation, or the	38430
physician's or dentist's advice to the patient in question, that	38431
related causally or historically to physical or mental injuries	38432
that are relevant to issues in the medical claim, dental claim,	38433
chiropractic claim, or optometric claim, action for wrongful	38434
death, other civil action, or claim under Chapter 4123. of the	38435
Revised Code.	38436

(b) If the testimonial privilege described in division (B)(1)	38437
of this section does not apply to a physician or dentist as	38438
provided in division (B)(1)(c) of this section, the physician or	38439
dentist, in lieu of personally testifying as to the results of the	38440
test in question, may submit a certified copy of those results,	38441
and, upon its submission, the certified copy is qualified as	38442
authentic evidence and may be admitted as evidence in accordance	38443
with the Rules of Evidence. Division (A) of section 2317.422 of	38444
the Revised Code does not apply to any certified copy of results	38445
submitted in accordance with this division. Nothing in this	38446
division shall be construed to limit the right of any party to	38447
call as a witness the person who administered the test in	38448
question, the person under whose supervision the test was	38449
administered, the custodian of the results of the test, the person	38450
who compiled the results, or the person under whose supervision	38451
the results were compiled.	38452

(4) The testimonial privilege described in division (B)(1) of	38453
this section is not waived when a communication is made by a	38454
physician to a pharmacist or when there is communication between a	38455
patient and a pharmacist in furtherance of the physician-patient	38456
relation.	38457

(5)(a) As used in divisions (B)(1) to (4) of this section,	38458
"communication" means acquiring, recording, or transmitting any	38459
information, in any manner, concerning any facts, opinions, or	38460
statements necessary to enable a physician or dentist to diagnose,	38461
treat, prescribe, or act for a patient. A "communication" may	38462
include, but is not limited to, any medical or dental, office, or	38463
hospital communication such as a record, chart, letter,	38464
memorandum, laboratory test and results, x-ray, photograph,	38465
financial statement, diagnosis, or prognosis.	38466

(b) As used in division (B)(2) of this section, "health care	38467
provider" means a hospital, ambulatory care facility, long-term	38468
care facility, pharmacy, emergency facility, or health care	38469
practitioner.	38470

38471

(i) "Ambulatory care facility" means a facility that provides	38472
medical, diagnostic, or surgical treatment to patients who do not	38473
require hospitalization, including a dialysis center, ambulatory	38474
surgical facility, cardiac catheterization facility, diagnostic	38475
imaging center, extracorporeal shock wave lithotripsy center, home	38476
health agency, inpatient hospice, birthing center, radiation	38477
therapy center, emergency facility, and an urgent care center.	38478
"Ambulatory health care facility" does not include the private	38479
office of a physician or dentist, whether the office is for an	38480
individual or group practice.	38481

(ii) "Emergency facility" means a hospital emergency	38482
department or any other facility that provides emergency medical	38483
services.	38484

(iii) "Health care practitioner" has the same meaning as in	38485
section 4769.01 of the Revised Code.	38486

(iv) "Hospital" has the same meaning as in section 3727.01 of	38487
the Revised Code.	38488

(v) "Long-term care facility" means a nursing home,	38489
residential care facility, or home for the aging, as those terms	38490
are defined in section 3721.01 of the Revised Code; a residential	38491
facility licensed under section ~~5119.22~~5119.34 of the Revised	38492
Code that provides accommodations, supervision, and personal care	38493
services for three to sixteen unrelated adults; a nursing facility	38494
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	38495
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	38496
a ~~facility or portion of a facility certified as a~~ skilled	38497
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	38498
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	38499
section 5165.01 of the Revised Code; and an intermediate care	38500
facility for individuals with intellectual disabilities, as	38501
defined in section 5124.01 of the Revised Code.	38502

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	38503
the Revised Code.	38504

(d) As used in divisions (B)(1) and (2) of this section,	38505
"drug of abuse" has the same meaning as in section 4506.01 of the	38506
Revised Code.	38507

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	38508
apply to doctors of medicine, doctors of osteopathic medicine,	38509
doctors of podiatry, and dentists.	38510

(7) Nothing in divisions (B)(1) to (6) of this section	38511
affects, or shall be construed as affecting, the immunity from	38512
civil liability conferred by section 307.628 of the Revised Code	38513
or the immunity from civil liability conferred by section 2305.33	38514
of the Revised Code upon physicians who report an employee's use	38515
of a drug of abuse, or a condition of an employee other than one	38516
involving the use of a drug of abuse, to the employer of the	38517
employee in accordance with division (B) of that section. As used	38518
in division (B)(7) of this section, "employee," "employer," and	38519
"physician" have the same meanings as in section 2305.33 of the	38520
Revised Code.	38521

(C)(1) A cleric, when the cleric remains accountable to the	38522
authority of that cleric's church, denomination, or sect,	38523
concerning a confession made, or any information confidentially	38524
communicated, to the cleric for a religious counseling purpose in	38525
the cleric's professional character. The cleric may testify by	38526
express consent of the person making the communication, except	38527
when the disclosure of the information is in violation of a sacred	38528
trust and except that, if the person voluntarily testifies or is	38529
deemed by division (A)(4)(c) of section 2151.421 of the Revised	38530
Code to have waived any testimonial privilege under this division,	38531
the cleric may be compelled to testify on the same subject except	38532
when disclosure of the information is in violation of a sacred	38533
trust.	38534

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

38535

(a) "Cleric" means a member of the clergy, rabbi, priest,	38536
Christian Science practitioner, or regularly ordained, accredited,	38537
or licensed minister of an established and legally cognizable	38538
church, denomination, or sect.	38539

(b) "Sacred trust" means a confession or confidential	38540
communication made to a cleric in the cleric's ecclesiastical	38541
capacity in the course of discipline enjoined by the church to	38542
which the cleric belongs, including, but not limited to, the	38543
Catholic Church, if both of the following apply:	38544

(i) The confession or confidential communication was made	38545
directly to the cleric.	38546

(ii) The confession or confidential communication was made in	38547
the manner and context that places the cleric specifically and	38548
strictly under a level of confidentiality that is considered	38549
inviolate by canon law or church doctrine.	38550

(D) Husband or wife, concerning any communication made by one	38551
to the other, or an act done by either in the presence of the	38552
other, during coverture, unless the communication was made, or act	38553
done, in the known presence or hearing of a third person competent	38554
to be a witness; and such rule is the same if the marital relation	38555
has ceased to exist;	38556

(E) A person who assigns a claim or interest, concerning any	38557
matter in respect to which the person would not, if a party, be	38558
permitted to testify;	38559

(F) A person who, if a party, would be restricted under	38560
section 2317.03 of the Revised Code, when the property or thing is	38561
sold or transferred by an executor, administrator, guardian,	38562
trustee, heir, devisee, or legatee, shall be restricted in the	38563
same manner in any action or proceeding concerning the property or	38564
thing.	38565

(G)(1) A school guidance counselor who holds a valid educator	38566
license from the state board of education as provided for in	38567
section 3319.22 of the Revised Code, a person licensed under	38568
Chapter 4757. of the Revised Code as a professional clinical	38569
counselor, professional counselor, social worker, independent	38570
social worker, marriage and family therapist or independent	38571
marriage and family therapist, or registered under Chapter 4757.	38572
of the Revised Code as a social work assistant concerning a	38573
confidential communication received from a client in that relation	38574
or the person's advice to a client unless any of the following	38575
applies:	38576

(a) The communication or advice indicates clear and present	38577
danger to the client or other persons. For the purposes of this	38578
division, cases in which there are indications of present or past	38579
child abuse or neglect of the client constitute a clear and	38580
present danger.	38581

(b) The client gives express consent to the testimony.

38582

(c) If the client is deceased, the surviving spouse or the	38583
executor or administrator of the estate of the deceased client	38584
gives express consent.	38585

(d) The client voluntarily testifies, in which case the	38586
school guidance counselor or person licensed or registered under	38587
Chapter 4757. of the Revised Code may be compelled to testify on	38588
the same subject.	38589

(e) The court in camera determines that the information	38590
communicated by the client is not germane to the counselor-client,	38591
marriage and family therapist-client, or social worker-client	38592
relationship.	38593

(f) A court, in an action brought against a school, its	38594
administration, or any of its personnel by the client, rules after	38595
an in-camera inspection that the testimony of the school guidance	38596
counselor is relevant to that action.	38597

(g) The testimony is sought in a civil action and concerns	38598
court-ordered treatment or services received by a patient as part	38599
of a case plan journalized under section 2151.412 of the Revised	38600
Code or the court-ordered treatment or services are necessary or	38601
relevant to dependency, neglect, or abuse or temporary or	38602
permanent custody proceedings under Chapter 2151. of the Revised	38603
Code.	38604

(2) Nothing in division (G)(1) of this section shall relieve	38605
a school guidance counselor or a person licensed or registered	38606
under Chapter 4757. of the Revised Code from the requirement to	38607
report information concerning child abuse or neglect under section	38608
2151.421 of the Revised Code.	38609

(H) A mediator acting under a mediation order issued under	38610
division (A) of section 3109.052 of the Revised Code or otherwise	38611
issued in any proceeding for divorce, dissolution, legal	38612
separation, annulment, or the allocation of parental rights and	38613
responsibilities for the care of children, in any action or	38614
proceeding, other than a criminal, delinquency, child abuse, child	38615
neglect, or dependent child action or proceeding, that is brought	38616
by or against either parent who takes part in mediation in	38617
accordance with the order and that pertains to the mediation	38618
process, to any information discussed or presented in the	38619
mediation process, to the allocation of parental rights and	38620
responsibilities for the care of the parents' children, or to the	38621
awarding of parenting time rights in relation to their children;	38622

(I) A communications assistant, acting within the scope of	38623
the communication assistant's authority, when providing	38624
telecommunications relay service pursuant to section 4931.06 of	38625
the Revised Code or Title II of the "Communications Act of 1934,"	38626
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	38627
made through a telecommunications relay service. Nothing in this	38628
section shall limit the obligation of a communications assistant	38629
to divulge information or testify when mandated by federal law or	38630
regulation or pursuant to subpoena in a criminal proceeding.	38631

Nothing in this section shall limit any immunity or privilege	38632
granted under federal law or regulation.	38633

(J)(1) A chiropractor in a civil proceeding concerning a	38634
communication made to the chiropractor by a patient in that	38635
relation or the chiropractor's advice to a patient, except as	38636
otherwise provided in this division. The testimonial privilege	38637
established under this division does not apply, and a chiropractor	38638
may testify or may be compelled to testify, in any civil action,	38639
in accordance with the discovery provisions of the Rules of Civil	38640
Procedure in connection with a civil action, or in connection with	38641
a claim under Chapter 4123. of the Revised Code, under any of the	38642
following circumstances:	38643

(a) If the patient or the guardian or other legal	38644
representative of the patient gives express consent.	38645

(b) If the patient is deceased, the spouse of the patient or	38646
the executor or administrator of the patient's estate gives	38647
express consent.	38648

(c) If a medical claim, dental claim, chiropractic claim, or	38649
optometric claim, as defined in section 2305.113 of the Revised	38650
Code, an action for wrongful death, any other type of civil	38651
action, or a claim under Chapter 4123. of the Revised Code is	38652
filed by the patient, the personal representative of the estate of	38653
the patient if deceased, or the patient's guardian or other legal	38654
representative.	38655

(2) If the testimonial privilege described in division (J)(1)	38656
of this section does not apply as provided in division (J)(1)(c)	38657
of this section, a chiropractor may be compelled to testify or to	38658
submit to discovery under the Rules of Civil Procedure only as to	38659
a communication made to the chiropractor by the patient in	38660
question in that relation, or the chiropractor's advice to the	38661
patient in question, that related causally or historically to	38662
physical or mental injuries that are relevant to issues in the	38663
medical claim, dental claim, chiropractic claim, or optometric	38664
claim, action for wrongful death, other civil action, or claim	38665
under Chapter 4123. of the Revised Code.	38666

(3) The testimonial privilege established under this division	38667
does not apply, and a chiropractor may testify or be compelled to	38668
testify, in any criminal action or administrative proceeding.	38669

(4) As used in this division, "communication" means	38670
acquiring, recording, or transmitting any information, in any	38671
manner, concerning any facts, opinions, or statements necessary to	38672
enable a chiropractor to diagnose, treat, or act for a patient. A	38673
communication may include, but is not limited to, any	38674
chiropractic, office, or hospital communication such as a record,	38675
chart, letter, memorandum, laboratory test and results, x-ray,	38676
photograph, financial statement, diagnosis, or prognosis.	38677

(K)(1) Except as provided under division (K)(2) of this	38678
section, a critical incident stress management team member	38679
concerning a communication received from an individual who	38680
receives crisis response services from the team member, or the	38681
team member's advice to the individual, during a debriefing	38682
session.	38683

(2) The testimonial privilege established under division	38684
(K)(1) of this section does not apply if any of the following are	38685
true:	38686

(a) The communication or advice indicates clear and present	38687
danger to the individual who receives crisis response services or	38688
to other persons. For purposes of this division, cases in which	38689
there are indications of present or past child abuse or neglect of	38690
the individual constitute a clear and present danger.	38691

(b) The individual who received crisis response services	38692
gives express consent to the testimony.	38693

(c) If the individual who received crisis response services	38694
is deceased, the surviving spouse or the executor or administrator	38695
of the estate of the deceased individual gives express consent.	38696

(d) The individual who received crisis response services	38697
voluntarily testifies, in which case the team member may be	38698
compelled to testify on the same subject.	38699

(e) The court in camera determines that the information	38700
communicated by the individual who received crisis response	38701
services is not germane to the relationship between the individual	38702
and the team member.	38703

(f) The communication or advice pertains or is related to any	38704
criminal act.	38705

(3) As used in division (K) of this section:

38706

(a) "Crisis response services" means consultation, risk	38707
assessment, referral, and on-site crisis intervention services	38708
provided by a critical incident stress management team to	38709
individuals affected by crisis or disaster.	38710

(b) "Critical incident stress management team member" or	38711
"team member" means an individual specially trained to provide	38712
crisis response services as a member of an organized community or	38713
local crisis response team that holds membership in the Ohio	38714
critical incident stress management network.	38715

(c) "Debriefing session" means a session at which crisis	38716
response services are rendered by a critical incident stress	38717
management team member during or after a crisis or disaster.	38718

(L)(1) Subject to division (L)(2) of this section and except	38719
as provided in division (L)(3) of this section, an employee	38720
assistance professional, concerning a communication made to the	38721
employee assistance professional by a client in the employee	38722
assistance professional's official capacity as an employee	38723
assistance professional.	38724

(2) Division (L)(1) of this section applies to an employee	38725
assistance professional who meets either or both of the following	38726
requirements:	38727

(a) Is certified by the employee assistance certification	38728
commission to engage in the employee assistance profession;	38729

(b) Has education, training, and experience in all of the	38730
following:	38731

(i) Providing workplace-based services designed to address	38732
employer and employee productivity issues;	38733

(ii) Providing assistance to employees and employees'	38734
dependents in identifying and finding the means to resolve	38735
personal problems that affect the employees or the employees'	38736
performance;	38737

(iii) Identifying and resolving productivity problems	38738
associated with an employee's concerns about any of the following	38739
matters: health, marriage, family, finances, substance abuse or	38740
other addiction, workplace, law, and emotional issues;	38741

(iv) Selecting and evaluating available community resources;

38742

(v) Making appropriate referrals;

38743

(vi) Local and national employee assistance agreements;

38744

(vii) Client confidentiality.

38745

(3) Division (L)(1) of this section does not apply to any of	38746
the following:	38747

(a) A criminal action or proceeding involving an offense	38748
under sections 2903.01 to 2903.06 of the Revised Code if the	38749
employee assistance professional's disclosure or testimony relates	38750
directly to the facts or immediate circumstances of the offense;	38751

(b) A communication made by a client to an employee	38752
assistance professional that reveals the contemplation or	38753
commission of a crime or serious, harmful act;	38754

(c) A communication that is made by a client who is an	38755
unemancipated minor or an adult adjudicated to be incompetent and	38756
indicates that the client was the victim of a crime or abuse;	38757

(d) A civil proceeding to determine an individual's mental	38758
competency or a criminal action in which a plea of not guilty by	38759
reason of insanity is entered;	38760

(e) A civil or criminal malpractice action brought against	38761
the employee assistance professional;	38762

(f) When the employee assistance professional has the express	38763
consent of the client or, if the client is deceased or disabled,	38764
the client's legal representative;	38765

(g) When the testimonial privilege otherwise provided by	38766
division (L)(1) of this section is abrogated under law.	38767

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	38768
2317.41 of the Revised Code but subject to division (B) of this	38769
section, the records, or copies or photographs of the records, of	38770
a hospital, homes required to be licensed pursuant to section	38771
3721.01 of the Revised Code, and residential facilities licensed	38772
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	38773
provides accommodations, supervision, and personal care services	38774
for three to sixteen unrelated adults, in lieu of the testimony in	38775
open court of their custodian, person who made them, or person	38776
under whose supervision they were made, may be qualified as	38777
authentic evidence if any such person endorses thereon the	38778
person's verified certification identifying such records, giving	38779
the mode and time of their preparation, and stating that they were	38780
prepared in the usual course of the business of the institution.	38781
Such records, copies, or photographs may not be qualified by	38782
certification as provided in this section unless the party	38783
intending to offer them delivers a copy of them, or of their	38784
relevant portions, to the attorney of record for each adverse	38785
party not less than five days before trial. Nothing in this	38786
section shall be construed to limit the right of any party to call	38787
the custodian, person who made such records, or person under whose	38788
supervision they were made, as a witness.	38789

(B) Division (A) of this section does not apply to any	38790
certified copy of the results of any test given to determine the	38791
presence or concentration of alcohol, a drug of abuse, a	38792
combination of them, a controlled substance, or a metabolite of a	38793
controlled substance in a patient's whole blood, blood serum or	38794
plasma, breath, or urine at any time relevant to a criminal	38795
offense that is submitted in a criminal action or proceeding in	38796
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	38797
of the Revised Code.	38798

Sec. 2329.192. (A) As used in this section:

38799

(1) "State lien" means a lien upon real estate, including	38800
lands and tenements, of persons indebted to the state for debt,	38801
taxes, or in any other manner recorded by a state agency in any	38802
office of the clerk of a county court or the county recorder.	38803

(2) "State lienholder" means the department, agency, or other	38804
division of the state in whose name a state lien has been filed or	38805
recorded.	38806

(B) In every action seeking the judicial sale of real estate	38807
that is subject to a state lien, all of the following apply:	38808

(1) The party seeking a judicial sale shall include the state	38809
lienholder as a party defendant and shall serve that state	38810
lienholder with a copy of the preliminary judicial report or	38811
commitment for an owner's fee policy of title insurance filed in	38812
accordance with section 2329.191 of the Revised Code.	38813

(2) A state lienholder shall not be made a party defendant if	38814
no state lien has been recorded against the owner of the real	38815
estate for which the judicial sale is sought.	38816

(3) The appearance of the state lienholder shall be presumed	38817
for purposes of jurisdiction, and the court shall take judicial	38818
notice that the state has a lien against the real estate.	38819

(4) A state lienholder may, but is not required to, file an	38820
answer to the complaint or any other pleading in the action if the	38821
amount, validity, or priority of the state lien is not identified	38822
in the pleadings as disputed and shall file an answer to the	38823
complaint or any other pleading in the action if the amount,	38824
validity, or priority of the state lien is identified in the	38825
pleadings as disputed. If a state lien is not identified as	38826
disputed, unless the state files an answer or other responsive	38827
pleading, the party seeking the judicial sale is not required to	38828
serve the state lienholder with any answer or subsequent pleadings	38829
in the action for judicial sale.	38830

(5) As part of any order confirming the sale of the real	38831
estate that is subject to any undisputed state lien or	38832
distributing the proceeds of any judicial sale of real estate, the	38833
undisputed state lien shall be protected as if the state had	38834
appeared in the action and filed an answer asserting the validity	38835
of the state lien as recorded in the office of the clerk of the	38836
county court or the office of the county recorder.	38837

(6) Any party asserting a dispute as to the amount, validity,	38838
or priority of the state lien or of any lien or other interest	38839
that has priority over the state lien shall serve the state	38840
lienholder and the attorney general with notice of the dispute,	38841
and the state lienholder shall be permitted to file a responsive	38842
pleading and participate in the proceedings as if the state	38843
lienholder had been served with a summons on the date the state	38844
lienholder received notice of the dispute.	38845

(C) Upon the judicial sale of the real estate that is the	38846
subject of an action under division (B) of this section, the	38847
interest of any undisputed state lien shall transfer to the	38848
proceeds of the sale of the real estate, and the state lienholder	38849
shall be entitled to payment from the proceeds of the sale of the	38850
real estate in accordance with the state lienholder's priority as	38851
set forth in the final judicial report or commitment for an	38852
owner's fee policy of title insurance filed in accordance with	38853
section 2329.191 of the Revised Code.	38854

Sec. 2335.09. Whenever, in any criminal proceeding or	38855
prosecution for the violation of an ordinance, or in a hearing	38856
before a coroner, an interpreter is necessary, the judge,	38857
magistrate, or coroner may appoint interpreters, who shall receive	38858
fees as witnesses in the case or proceeding. Such fees shall be	38859
taxed and paid as provided by sections 2335.05 to 2335.08,	38860
~~inclusive,~~ of the Revised Code for other witness fees. If the	38861
party taxed with costs is indigent, interpreter's fees shall not	38862
be taxed as costs, and the legislative authority of the court	38863
shall pay the interpreter's fees. This section shall not apply if,	38864
by law, an interpreter is otherwise provided.	38865

Sec. 2335.11. In felony cases in which the defendant is	38866
convicted, the fees of the various magistrates and their officers,	38867
the witness fees, and interpreter's fees shall be inserted in the	38868
judgment of conviction and, when collected shall be disbursed by	38869
the clerk of the court of common pleas to the persons entitled	38870
thereto. In minor state cases, which have come to the court of	38871
common pleas through such magistrate's courts, the fees enumerated	38872
by this section shall be inserted in the judgment of conviction	38873
and, when collected shall be disbursed by the clerk to the persons	38874
entitled thereto. In both felonies and minor state cases, such	38875
clerk shall pay the witness and interpreter's fees into the county	38876
treasury, monthly.	38877

If the defendant is indigent, the interpreter's fees shall	38878
not be inserted in the judgment of conviction, and the county	38879
shall pay the interpreter's fees.	38880

In all cases in which recognizances are taken, forfeited, and	38881
collected, the amount recovered shall be paid into the county	38882
treasury, and if no conviction is had, such costs shall be paid by	38883
the county upon the allowance of the county auditor.	38884

Sec. 2501.16. (A) Each court of appeals may appoint one or	38885
more official reporters, law clerks, secretaries, and any other	38886
employees that the court considers necessary for its efficient	38887
operation.	38888

The clerk of the court of common pleas, acting as the clerk	38889
of the court of appeals for the county, shall perform the duties	38890
otherwise performed and collect the fees otherwise collected by	38891
the clerk of the court of common pleas, as set forth in section	38892
2303.03 of the Revised Code, and shall maintain the files and	38893
records of the court. The clerk of the court of common pleas,	38894
acting as the clerk of the court of appeals for the county, may	38895
refuse to accept for filing any pleading or paper submitted for	38896
filing by a person who has been found to be a vexatious litigator	38897
under section 2323.52 of the Revised Code and who has failed to	38898
obtain leave from the court of appeals to proceed under that	38899
section. The overhead expenses pertaining to the office of the	38900
clerk of the court of common pleas that result from the clerk's	38901
acting as clerk of the court of appeals for the county, other than	38902
wages and salaries, shall be paid from the funds provided under	38903
sections 2501.18 and 2501.181 of the Revised Code.	38904

Each officer and employee appointed pursuant to this section	38905
shall take an oath of office, serve at the pleasure of the court,	38906
and perform any duties that the court directs. Each reporter shall	38907
have the powers that are vested in official reporters of the court	38908
of common pleas under sections 2301.18 to ~~2301.26~~2301.25 of the	38909
Revised Code. Whenever an opinion, per curiam, or report of a case	38910
has been prepared in accordance with section 2503.20 of the	38911
Revised Code, the official reporter immediately shall forward one	38912
copy of the opinion, per curiam, or report to the reporter of the	38913
supreme court, without expense to the reporter.	38914

(B) The court of appeals may determine that, for the	38915
efficient operation of the court, additional funds are necessary	38916
to acquire and pay for special projects of the court, including,	38917
but not limited to, the acquisition of additional facilities or	38918
the rehabilitation of existing facilities, the acquisition of	38919
equipment, the hiring and training of staff, the employment of	38920
magistrates, the training and education of judges, acting judges,	38921
and magistrates, community service programs, and other related	38922
services. Upon that determination, the court by rule may charge a	38923
fee, in addition to all other court costs, on the filing of each	38924
case or cause over which the court has jurisdiction.	38925

If the court of appeals offers a special program or service	38926
in cases of a specific type, the court by rule may assess an	38927
additional charge in a case of that type, over and above court	38928
costs, to cover the special program or service. The court shall	38929
adjust the special assessment periodically, but not retroactively,	38930
so that the amount assessed in those cases does not exceed the	38931
actual cost of providing the service or program.	38932

All moneys collected under division (B) of this section shall	38933
be paid to the county treasurer of the county selected as the	38934
principal seat of that court of appeals for deposit into either a	38935
general special projects fund or a fund established for a specific	38936
special project. Moneys from a fund of that nature shall be	38937
disbursed upon an order of the court in an amount no greater than	38938
the actual cost to the court of a project. If a specific fund is	38939
terminated because of the discontinuance of a program or service	38940
established under division (B) of this section, the court may	38941
order that moneys remaining in the fund be transferred to an	38942
account established under this division for a similar purpose.	38943

Sec. 2505.02. (A) As used in this section:

38944

(1) "Substantial right" means a right that the United States	38945
Constitution, the Ohio Constitution, a statute, the common law, or	38946
a rule of procedure entitles a person to enforce or protect.	38947

(2) "Special proceeding" means an action or proceeding that	38948
is specially created by statute and that prior to 1853 was not	38949
denoted as an action at law or a suit in equity.	38950

(3) "Provisional remedy" means a proceeding ancillary to an	38951
action, including, but not limited to, a proceeding for a	38952
preliminary injunction, attachment, discovery of privileged	38953
matter, suppression of evidence, a prima-facie showing pursuant to	38954
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	38955
showing pursuant to section 2307.92 of the Revised Code, or a	38956
finding made pursuant to division (A)(3) of section 2307.93 of the	38957
Revised Code.	38958

(B) An order is a final order that may be reviewed, affirmed,	38959
modified, or reversed, with or without retrial, when it is one of	38960
the following:	38961

(1) An order that affects a substantial right in an action	38962
that in effect determines the action and prevents a judgment;	38963

(2) An order that affects a substantial right made in a	38964
special proceeding or upon a summary application in an action	38965
after judgment;	38966

(3) An order that vacates or sets aside a judgment or grants	38967
a new trial;	38968

(4) An order that grants or denies a provisional remedy and	38969
to which both of the following apply:	38970

(a) The order in effect determines the action with respect to	38971
the provisional remedy and prevents a judgment in the action in	38972
favor of the appealing party with respect to the provisional	38973
remedy.	38974

(b) The appealing party would not be afforded a meaningful or	38975
effective remedy by an appeal following final judgment as to all	38976
proceedings, issues, claims, and parties in the action.	38977

(5) An order that determines that an action may or may not be	38978
maintained as a class action;	38979

(6) An order determining the constitutionality of any changes	38980
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	38981
assembly, including the amendment of sections 1751.67, 2117.06,	38982
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	38983
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	38984
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	38985
of the 130th general assembly), and the enactment of sections	38986
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	38987
changes made by Sub. S.B. 80 of the 125th general assembly,	38988
including the amendment of sections 2125.02, 2305.10, 2305.131,	38989
2315.18, 2315.19, and 2315.21 of the Revised Code;	38990

(7) An order in an appropriation proceeding that may be	38991
appealed pursuant to division (B)(3) of section 163.09 of the	38992
Revised Code.	38993

(C) When a court issues an order that vacates or sets aside a	38994
judgment or grants a new trial, the court, upon the request of	38995
either party, shall state in the order the grounds upon which the	38996
new trial is granted or the judgment vacated or set aside.	38997

(D) This section applies to and governs any action, including	38998
an appeal, that is pending in any court on July 22, 1998, and all	38999
claims filed or actions commenced on or after July 22, 1998,	39000
notwithstanding any provision of any prior statute or rule of law	39001
of this state.	39002

Sec. 2701.03. (A) If a judge of the court of common pleas	39003
allegedly is interested in a proceeding pending before the court,	39004
allegedly is related to or has a bias or prejudice for or against	39005
a party to a proceeding pending before the court or a party's	39006
counsel, or allegedly otherwise is disqualified to preside in a	39007
proceeding pending before the court, any party to the proceeding	39008
or the party's counsel may file an affidavit of disqualification	39009
with the clerk of the supreme court in accordance with division	39010
(B) of this section.	39011

(B) An affidavit of disqualification filed under section	39012
2101.39 or, 2501.13, 2701.031, or 2743.041 of the Revised Code or	39013
division (A) of this section shall be filed with the clerk of the	39014
supreme court not less than seven calendar days before the day on	39015
which the next hearing in the proceeding is scheduled and shall	39016
include all of the following:	39017

(1) The specific allegations on which the claim of interest,	39018
bias, prejudice, or disqualification is based and the facts to	39019
support each of those allegations or, in relation to an affidavit	39020
filed against a judge of a court of appeals, a specific allegation	39021
that the judge presided in the lower court in the same proceeding	39022
and the facts to support that allegation;	39023

(2) The jurat of a notary public or another person authorized	39024
to administer oaths or affirmations;	39025

(3) A certificate indicating that a copy of the affidavit has	39026
been served on the probate judge, judge of a court of appeals, or	39027
judge of a court of common pleas, judge of a municipal or county	39028
court, or judge of the court of claims against whom the affidavit	39029
is filed and on all other parties or their counsel;	39030

(4) The date of the next scheduled hearing in the proceeding	39031
or, if there is no hearing scheduled, a statement that there is no	39032
hearing scheduled.	39033

(C)(1) Except as provided in division (C)(2) of this section,	39034
when an affidavit of disqualification is presented to the clerk of	39035
the supreme court for filing under division (B) of this section,	39036
all of the following apply:	39037

(a) The clerk of the supreme court shall accept the affidavit	39038
for filing and shall forward the affidavit to the chief justice of	39039
the supreme court.	39040

(b) The supreme court shall send notice of the filing of the	39041
affidavit to the probate court served by the judge if the	39042
affidavit is filed against a probate court judge, to the clerk of	39043
the court of appeals served by the judge if the affidavit is filed	39044
against a judge of a court of appeals, or to the clerk of the	39045
court of common pleas served by the judge if the affidavit is	39046
filed against a judge of a court of common pleas, to the clerk of	39047
the municipal or county court served by the judge if the affidavit	39048
is filed against a judge of a municipal or county court, or to the	39049
clerk of the court of claims if the affidavit is filed against a	39050
judge of the court of claims.	39051

(c) Upon receipt of the notice under division (C)(1)(b) of	39052
this section, the probate court, the clerk of the court of	39053
appeals, or the clerk of the court of common pleas, the clerk of	39054
the municipal or county court, or the clerk of the court of claims	39055
shall enter the fact of the filing of the affidavit on the docket	39056
of the probate court, the docket of the court of appeals, or the	39057
docket in the proceeding in the court of common pleas, the docket	39058
of the proceeding in the municipal or county court, or the docket	39059
of the proceeding in the court of claims.	39060

(2) The clerk of the supreme court shall not accept an	39061
affidavit of disqualification presented for filing under division	39062
(B) of this section if it is not timely presented for filing or	39063
does not satisfy the requirements of divisions (B)(2), (3), and	39064
(4) of this section.	39065

(D)(1) Except as provided in divisions (D)(2) to (4) of this	39066
section, if the clerk of the supreme court accepts an affidavit of	39067
disqualification for filing under divisions (B) and (C) of this	39068
section, the affidavit deprives the judge against whom the	39069
affidavit was filed of any authority to preside in the proceeding	39070
until the chief justice of the supreme court, or a justice of the	39071
supreme court designated by the chief justice, rules on the	39072
affidavit pursuant to division (E) of this section.	39073

(2) A judge against whom an affidavit of disqualification has	39074
been filed under divisions (B) and (C) of this section may do any	39075
of the following that is applicable:	39076

(a) If, based on the scheduled hearing date, the affidavit	39077
was not timely filed, the judge may preside in the proceeding.	39078

(b) If the proceeding is a domestic relations proceeding, the	39079
judge may issue any temporary order relating to spousal support	39080
pendente lite and the support, maintenance, and allocation of	39081
parental rights and responsibilities for the care of children.	39082

(c) If the proceeding pertains to a complaint brought	39083
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	39084
may issue any temporary order pertaining to the relation and	39085
conduct of any other person toward a child who is the subject of a	39086
complaint as the interest and welfare of the child may require.	39087

(3) A judge against whom an affidavit of disqualification has	39088
been filed under divisions (B) and (C) of this section may	39089
determine a matter that does not affect a substantive right of any	39090
of the parties.	39091

(4) If the clerk of the supreme court accepts an affidavit of	39092
disqualification for filing under divisions (B) and (C) of this	39093
section, if the chief justice of the supreme court, or a justice	39094
of the supreme court designated by the chief justice, denies the	39095
affidavit of disqualification pursuant to division (E) of this	39096
section, and if, after the denial, a second or subsequent	39097
affidavit of disqualification regarding the same judge and the	39098
same proceeding is filed by the same party who filed or on whose	39099
behalf was filed the affidavit that was denied or by counsel for	39100
the same party who filed or on whose behalf was filed the	39101
affidavit that was denied, the judge against whom the second or	39102
subsequent affidavit is filed may preside in the proceeding prior	39103
to the ruling of the chief justice of the supreme court, or a	39104
justice designated by the chief justice, on the second or	39105
subsequent affidavit.	39106

(E) If the clerk of the supreme court accepts an affidavit of	39107
disqualification for filing under divisions (B) and (C) of this	39108
section and if the chief justice of the supreme court, or any	39109
justice of the supreme court designated by the chief justice,	39110
determines that the interest, bias, prejudice, or disqualification	39111
alleged in the affidavit does not exist, the chief justice or the	39112
designated justice shall issue an entry denying the affidavit of	39113
disqualification. If the chief justice of the supreme court, or	39114
any justice of the supreme court designated by the chief justice,	39115
determines that the interest, bias, prejudice, or disqualification	39116
alleged in the affidavit exists, the chief justice or the	39117
designated justice shall issue an entry that disqualifies that	39118
judge from presiding in the proceeding and either order that the	39119
proceeding be assigned to another judge of the court of which the	39120
disqualified judge is a member, to a judge of another court, or to	39121
a retired judge.	39122

Sec. 2701.031. ~~(A)~~ If a judge of a municipal or county court	39123
allegedly is interested in a proceeding pending before the judge,	39124
allegedly is related to or has a bias or prejudice for or against	39125
a party to a proceeding pending before the judge or to a party's	39126
counsel, or allegedly otherwise is disqualified to preside in a	39127
proceeding pending before the judge, any party to the proceeding	39128
or the party's counsel may file an affidavit of disqualification	39129
with the clerk of the supreme court ~~in which the proceeding is~~	39130
~~pending~~. The affidavit of disqualification shall be filed and	39131
decided in accordance with divisions (B) to (E) of section 2701.03	39132
of the Revised Code, and, upon the filing of the affidavit, the	39133
provisions of those divisions apply to the affidavit, the	39134
proceeding, the judge, and the parties to the proceeding.	39135

~~(B) An affidavit of disqualification shall be filed under~~	39136
~~this section with the clerk of the court in which the proceeding~~	39137
~~is pending not less than seven calendar days before the day on~~	39138
~~which the next hearing in the proceeding is scheduled and shall~~	39139
~~include all of the following:~~	39140

~~(1) The specific allegations on which the claim of interest,~~	39141
~~bias, prejudice, or disqualification is based and the facts to~~	39142
~~support each of those allegations;~~	39143

~~(2) The jurat of a notary public or another person authorized~~	39144
~~to administer oaths or affirmations;~~	39145

~~(3) A certificate indicating that a copy of the affidavit has~~	39146
~~been served on the judge of the municipal or county court against~~	39147
~~whom the affidavit is filed and on all other parties or their~~	39148
~~counsel;~~	39149

~~(4) The date of the next scheduled hearing in the proceeding~~	39150
~~or, if there is no hearing scheduled, a statement that there is no~~	39151
~~hearing scheduled.~~	39152

~~(C)(1) Except as provided in division (C)(2) of this section,~~	39153
~~when an affidavit of disqualification is presented to the clerk of~~	39154
~~a municipal or county court for filing under division (B) of this~~	39155
~~section, the clerk shall enter the fact of the filing on the~~	39156
~~docket in that proceeding and shall provide notice of the filing~~	39157
~~of the affidavit to one of the following:~~	39158

~~(a) The presiding judge of the court of common pleas of the~~	39159
~~county;~~	39160

~~(b) If there is no presiding judge of the court of common~~	39161
~~pleas of the county, a judge of the court of common pleas of the~~	39162
~~county.~~	39163

~~(2) The clerk of the municipal or county court in which a~~	39164
~~proceeding is pending shall not accept an affidavit of~~	39165
~~disqualification presented for filing under division (B) of this~~	39166
~~section if it is not timely presented for filing or does not~~	39167
~~satisfy the requirements of divisions (B)(2), (3), and (4) of this~~	39168
~~section.~~	39169

~~(D)(1) Except as provided in divisions (D)(2) to (4) of this~~	39170
~~section, if the clerk of the municipal or county court in which a~~	39171
~~proceeding is pending accepts an affidavit of disqualification for~~	39172
~~filing under divisions (B) and (C) of this section, the affidavit~~	39173
~~deprives the judge of a municipal or county court against whom the~~	39174
~~affidavit was filed of any authority to preside in the proceeding~~	39175
~~until the judge who was notified pursuant to division (C)(1) of~~	39176
~~this section rules on the affidavit pursuant to division (E) of~~	39177
~~this section.~~	39178

~~(2) A judge of a municipal or county court against whom an~~	39179
~~affidavit of disqualification has been filed under divisions (B)~~	39180
~~and (C) of this section may preside in the proceeding if, based on~~	39181
~~the scheduled hearing date, the affidavit was not timely filed.~~	39182

~~(3) A judge of a municipal or county court against whom an~~	39183
~~affidavit of disqualification has been filed under divisions (B)~~	39184
~~and (C) of this section may determine a matter that does not~~	39185
~~affect a substantive right of any of the parties.~~	39186

~~(4) If the clerk of a municipal or county court accepts an~~	39187
~~affidavit of disqualification for filing under divisions (B) and~~	39188
~~(C) of this section, if the judge who is notified pursuant to~~	39189
~~division (C)(1) of this section of the filing of the affidavit of~~	39190
~~disqualification denies the affidavit pursuant to division (E) of~~	39191
~~this section, and if, after the denial, a second or subsequent~~	39192
~~affidavit of disqualification regarding the same judge and the~~	39193
~~same proceeding is filed by the same party who filed or on whose~~	39194
~~behalf was filed the affidavit that was denied or by counsel for~~	39195
~~the same party who filed or on whose behalf was filed the~~	39196
~~affidavit that was denied, the judge of a municipal or county~~	39197
~~court against whom the second or subsequent affidavit is filed may~~	39198
~~preside in the proceeding prior to the ruling, by the judge who is~~	39199
~~notified pursuant to division (C)(1) of this section, on the~~	39200
~~second or subsequent affidavit pursuant to division (E) of this~~	39201
~~section.~~	39202

~~(E) If the clerk of a municipal or county court accepts an~~	39203
~~affidavit of disqualification for filing under divisions (B) and~~	39204
~~(C) of this section and if the judge who is notified pursuant to~~	39205
~~division (C)(1) of this section of the filing of the affidavit~~	39206
~~determines that the interest, bias, prejudice, or disqualification~~	39207
~~alleged in the affidavit does not exist, the judge who is so~~	39208
~~notified shall issue an entry denying the affidavit of~~	39209
~~disqualification. If the judge who is notified pursuant to~~	39210
~~division (C)(1) of this section of the filing of the affidavit~~	39211
~~determines that the interest, bias, prejudice, or disqualification~~	39212
~~alleged in the affidavit exists, the judge who is so notified~~	39213
~~shall issue an entry that disqualifies the judge against whom the~~	39214
~~affidavit was filed from presiding in the proceeding and designate~~	39215
~~another judge of the municipal or county court, or of the court of~~	39216
~~common pleas, to preside in the proceeding in place of the~~	39217
~~disqualified judge.~~	39218

Sec. 2743.03. (A)(1) There is hereby created a court of	39219
claims. The court of claims is a court of record and has	39220
exclusive, original jurisdiction of all civil actions against the	39221
state permitted by the waiver of immunity contained in section	39222
2743.02 of the Revised Code,and exclusive jurisdiction of the	39223
causes of action of all parties in civil actions that are removed	39224
to the court of claims~~, and jurisdiction to hear appeals from the~~	39225
~~decisions of the court of claims commissioners~~. The court shall	39226
have full equity powers in all actions within its jurisdiction and	39227
may entertain and determine all counterclaims, cross-claims, and	39228
third-party claims.	39229

(2) If the claimant in a civil action as described in	39230
division (A)(1) of this section also files a claim for a	39231
declaratory judgment, injunctive relief, or other equitable relief	39232
against the state that arises out of the same circumstances that	39233
gave rise to the civil action described in division (A)(1) of this	39234
section, the court of claims has exclusive, original jurisdiction	39235
to hear and determine that claim in that civil action. This	39236
division does not affect, and shall not be construed as affecting,	39237
the original jurisdiction of another court of this state to hear	39238
and determine a civil action in which the sole relief that the	39239
claimant seeks against the state is a declaratory judgment,	39240
injunctive relief, or other equitable relief.	39241

(3) In addition to its exclusive, original jurisdiction as	39242
conferred by division (A)(1) and (2) of this section, the court of	39243
claims has exclusive, original jurisdiction as described in	39244
division (F) of section 2743.02, division (B) of section 3335.03,	39245
and division (C) of section 5903.02 of the Revised Code.	39246

(B) The court of claims shall sit in Franklin county, its	39247
hearings shall be public, and it shall consist of incumbent	39248
justices or judges of the supreme court, courts of appeals, or	39249
courts of common pleas, or retired justices or judges eligible for	39250
active duty pursuant to division (C) of Section 6 of Article IV,	39251
Ohio Constitution, sitting by temporary assignment of the chief	39252
justice of the supreme court. The chief justice may direct the	39253
court to sit in any county for cases on removal upon a showing of	39254
substantial hardship and whenever justice dictates.	39255

(C)(1) A civil action against the state shall be heard and	39256
determined by a single judge. Upon application by the claimant or	39257
the state, the chief justice of the supreme court may assign a	39258
panel of three judges to hear and determine a civil action	39259
presenting novel or complex issues of law or fact. Concurrence of	39260
two members of the panel is necessary for any judgment or order.	39261

(2) Whenever the chief justice of the supreme court believes	39262
an equitable resolution of a case will be expedited, the chief	39263
justice may appoint ~~referees~~magistrates in accordance with Civil	39264
Rule 53 to hear the case.	39265

(3) When any dispute under division (B) of section 153.12 of	39266
the Revised Code is brought to the court of claims, upon request	39267
of either party to the dispute, the chief justice of the supreme	39268
court shall appoint a single referee or a panel of three referees.	39269
The referees need not be attorneys, but shall be persons	39270
knowledgeable about construction contract law, a member of the	39271
construction industry panel of the American arbitration	39272
association, or an individual or individuals deemed qualified by	39273
the chief justice to serve. No person shall serve as a referee if	39274
that person has been employed by an affected state agency or a	39275
contractor or subcontractor involved in the dispute at any time in	39276
the preceding five years. Proceedings governing referees shall be	39277
in accordance with Civil Rule 53, except as modified by this	39278
division. The referee or panel of referees shall submit its	39279
report, which shall include a recommendation and finding of fact,	39280
to the judge assigned to the case by the chief justice, within	39281
thirty days of the conclusion of the hearings. Referees appointed	39282
pursuant to this division shall be compensated on a per diem basis	39283
at the same rate as is paid to judges of the court and also shall	39284
be paid their expenses. If a single referee is appointed or a	39285
panel of three referees is appointed, then, with respect to one	39286
referee of the panel, the compensation and expenses of the referee	39287
shall not be taxed as part of the costs in the case but shall be	39288
included in the budget of the court. If a panel of three referees	39289
is appointed, the compensation and expenses of the two remaining	39290
referees shall be taxed as costs of the case.	39291

All costs of a case shall be apportioned among the parties.	39292
The court may not require that any party deposit with the court	39293
cash, bonds, or other security in excess of two hundred dollars to	39294
guarantee payment of costs without the prior approval in each case	39295
of the chief justice.	39296

(4) An appeal from a decision of the ~~court of claims~~	39297
~~commissioners~~attorney general shall be heard and determined by	39298
one judge of the court of claims.	39299

(D) The Rules of Civil Procedure shall govern practice and	39300
procedure in all actions in the court of claims, except insofar as	39301
inconsistent with this chapter. The supreme court may promulgate	39302
rules governing practice and procedure in actions in the court as	39303
provided in Section 5 of Article IV, Ohio Constitution.	39304

(E)(1) A party who files a counterclaim against the state or	39305
makes the state a third-party defendant in an action commenced in	39306
any court, other than the court of claims, shall file a petition	39307
for removal in the court of claims. The petition shall state the	39308
basis for removal, be accompanied by a copy of all process,	39309
pleadings, and other papers served upon the petitioner, and shall	39310
be signed in accordance with Civil Rule 11. A petition for removal	39311
based on a counterclaim shall be filed within twenty-eight days	39312
after service of the counterclaim of the petitioner. A petition	39313
for removal based on third-party practice shall be filed within	39314
twenty-eight days after the filing of the third-party complaint of	39315
the petitioner.	39316

(2) Within seven days after filing a petition for removal,	39317
the petitioner shall give written notice to the parties, and shall	39318
file a copy of the petition with the clerk of the court in which	39319
the action was brought originally. The filing effects the removal	39320
of the action to the court of claims, and the clerk of the court	39321
where the action was brought shall forward all papers in the case	39322
to the court of claims. The court of claims shall adjudicate all	39323
civil actions removed. The court may remand a civil action to the	39324
court in which it originated upon a finding that the removal	39325
petition does not justify removal, or upon a finding that the	39326
state is no longer a party.	39327

(3) Bonds, undertakings, or security and injunctions,	39328
attachments, sequestrations, or other orders issued prior to	39329
removal remain in effect until dissolved or modified by the court	39330
of claims.	39331

Sec. 2743.041. If a judge of the court of claims allegedly	39332
is interested in a proceeding pending before the judge, allegedly	39333
is related to or has a bias or prejudice for or against a party to	39334
a proceeding pending before the judge or to a party's counsel, or	39335
allegedly otherwise is disqualified to preside in a proceeding	39336
pending before the judge, any party to the proceeding or the	39337
party's counsel may file an affidavit of disqualification with the	39338
clerk of the supreme court. The affidavit of disqualification	39339
shall be filed and decided in accordance with divisions (B) to (E)	39340
of section 2701.03 of the Revised Code, and, upon the filing of	39341
the affidavit, the provisions of those divisions apply to the	39342
affidavit, the proceeding, the judge, and the parties to the	39343
proceeding.	39344

Sec. 2743.09. The clerk of the court of claims shall do all	39345
of the following:	39346

(A) Administer oaths and take and certify affidavits,	39347
depositions, and acknowledgments of powers of attorney and other	39348
instruments in writing;	39349

(B) Prepare the dockets, enter and record the orders,	39350
judgments, decisions, awards, and proceedings of the court of	39351
claims ~~and the court of claims commissioners~~, and issue writs and	39352
process;	39353

(C) Maintain an office in Franklin county in rooms provided	39354
by the supreme court for that purpose;	39355

(D) Keep an appearance docket of civil actions,and claims	39356
for an award of reparations~~, and appeals from decisions of the~~	39357
~~court of claims commissioners~~. The clerk may refuse to accept for	39358
filing any pleading or paper that relates to a civil action in the	39359
court of claims and that is submitted for filing by a person who	39360
has been found to be a vexatious litigator under section 2323.52	39361
of the Revised Code and who has failed to obtain leave to proceed	39362
under that section.	39363

Upon the commencement of an action or claim, the clerk shall	39364
assign it a number. This number shall be placed on the first page,	39365
and every continuation page, of the appearance docket that	39366
concerns the particular action or claim. In addition, this number	39367
and the names of the parties shall be placed on the case file and	39368
every paper filed in the action or claim.	39369

At the time the action is commenced the clerk shall enter in	39370
the appearance docket the names of the parties in full and the	39371
names of counsel and shall index the action alphabetically by the	39372
last name of each party. Thereafter, the clerk shall	39373
chronologically note in the appearance docket all process issued	39374
and returns, pleas, motions, papers filed in the action, orders,	39375
verdicts, and judgments. The notations shall be brief but shall	39376
show the date of filing, substance, and journal volume and page of	39377
each order, verdict, and judgment. An action is commenced for	39378
purposes of this division by the filing of a complaint, including	39379
a form complaint under section 2743.10 of the Revised Code or a	39380
petition for removal.	39381

At the time an appeal for an award of reparations is	39382
commenced, the clerk shall enter the full names of the claimant,	39383
the victim, and the attorneys in the appearance docket and shall	39384
index the claim alphabetically by the last name of the claimant	39385
and the victim. Thereafter, the clerk shall chronologically note	39386
in the appearance docket all process issued and returns, motions,	39387
papers filed in the claim, orders, decisions, and awards. The	39388
notations shall be brief but shall show the date of filing,	39389
substance, and journal volume and page of each order.	39390

(E) Keep all original papers filed in an action or claim in a	39391
separate file folder and a journal in which all orders, verdicts,	39392
and judgments of the court ~~and commissioners~~ shall be recorded;	39393

(F) Charge and collect fees pursuant to section 2303.20 of	39394
the Revised Code, keep a cashbook in which the clerk shall enter	39395
the amounts received, make a report to the clerk of the supreme	39396
court each quarter of the fees received during the preceding	39397
quarter, and pay them monthly into the state treasury;	39398

(G) Appoint reporters and other clerical personnel;

39399

(H) Under the direction of the chief justice, establish	39400
procedures for hearing and determining appeals for an award of	39401
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	39402
Code.	39403

Sec. 2743.121. ~~(A) A panel of court of claims commissioners~~	39404
~~shall render its decisions as to claims for an award of~~	39405
~~reparations in writing and shall include separate findings of fact~~	39406
~~and any conclusions of law that are necessary. Orders as to claims~~	39407
~~for an award of reparations shall be entered on the journal, and~~	39408
~~the clerk shall certify on the order the date of journalization~~	39409
~~and shall send copies of the order and decision to the claimant,~~	39410
~~the attorney general, and the prosecuting attorney of the county~~	39411
~~in which the criminally injurious conduct occurred.~~	39412

~~(B) A judge of the~~The court of claims shall render ~~the~~	39413
~~judge's~~its decisions as to appeals from decisions of ~~a panel of~~	39414
~~court of claims commissioners~~the attorney general pursuant to	39415
sections 2743.51 to 2743.72 of the Revised Code in writing and	39416
shall include a separate finding for each issue contested upon	39417
appeal. Orders as to appeals shall be entered on the journal, and	39418
the clerk shall certify on the order the date of journalization	39419
and shall send copies of the order and decision to the claimant,	39420
the attorney general, and the prosecuting attorney of the county	39421
in which the criminally injurious conduct occurred.	39422

Sec. 2743.191. (A)(1) There is hereby created in the state	39423
treasury the reparations fund, which shall be used only for the	39424
following purposes:	39425

(a) The payment of awards of reparations that are granted by	39426
the attorney general;	39427

(b) The compensation of any personnel needed by the attorney	39428
general to administer sections 2743.51 to 2743.72 of the Revised	39429
Code;	39430

(c) The compensation of witnesses as provided in division (J)	39431
of section 2743.65 of the Revised Code;	39432

(d) Other administrative costs of hearing and determining	39433
claims for an award of reparations by the attorney general;	39434

(e) The costs of administering sections 2907.28 and 2969.01	39435
to 2969.06 of the Revised Code;	39436

(f) The costs of investigation and decision-making as	39437
certified by the attorney general;	39438

(g) The provision of state financial assistance to victim	39439
assistance programs in accordance with sections 109.91 and 109.92	39440
of the Revised Code;	39441

(h) The costs of paying the expenses of sex offense-related	39442
examinations and antibiotics pursuant to section 2907.28 of the	39443
Revised Code;	39444

(i) The cost of printing and distributing the pamphlet	39445
prepared by the attorney general pursuant to section 109.42 of the	39446
Revised Code;	39447

(j) Subject to division (D) of section 2743.71 of the Revised	39448
Code, the costs associated with the printing and providing of	39449
information cards or other printed materials to law enforcement	39450
agencies and prosecuting authorities and with publicizing the	39451
availability of awards of reparations pursuant to section 2743.71	39452
of the Revised Code;	39453

(k) The payment of costs of administering a DNA specimen	39454
collection procedure pursuant to sections 2152.74 and 2901.07 of	39455
the Revised Code, of performing DNA analysis of those DNA	39456
specimens, and of entering the resulting DNA records regarding	39457
those analyses into the DNA database pursuant to section 109.573	39458
of the Revised Code;	39459

(l) The payment of actual costs associated with initiatives	39460
by the attorney general for the apprehension, prosecution, and	39461
accountability of offenders, and the enhancing of services to	39462
crime victims. The amount of payments made pursuant to division	39463
(A)(1)(l) of this section during any given fiscal year shall not	39464
exceed five per cent of the balance of the reparations fund at the	39465
close of the immediately previous fiscal year;	39466

(m) The costs of administering the adult parole authority's	39467
supervision pursuant to division (E) of section 2971.05 of the	39468
Revised Code of sexually violent predators who are sentenced to a	39469
prison term pursuant to division (A)(3) of section 2971.03 of the	39470
Revised Code and of offenders who are sentenced to a prison term	39471
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	39472
(c), or (B)(3)(a), (b), (c), or (d) of that section;	39473

(n) Subject to the limit set forth in those sections, the	39474
costs of the installation and monitoring of an electronic	39475
monitoring device used in the monitoring of a respondent pursuant	39476
to an electronic monitoring order issued by a court under division	39477
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	39478
2903.214 of the Revised Code if the court determines that the	39479
respondent is indigent or used in the monitoring of an offender	39480
pursuant to an electronic monitoring order issued under division	39481
(B)(5) of section 2919.27 of the Revised Code if the court	39482
determines that the offender is indigent;	39483

(o) The provision of state financial assistance to rape	39484
crisis programs by the attorney general.	39485

(2) All costs paid pursuant to section 2743.70 of the Revised	39486
Code, the portions of license reinstatement fees mandated by	39487
division (F)(2)(b) of section 4511.191 of the Revised Code to be	39488
credited to the fund, the portions of the proceeds of the sale of	39489
a forfeited vehicle specified in division (C)(2) of section	39490
4503.234 of the Revised Code, payments collected by the department	39491
of rehabilitation and correction from prisoners who voluntarily	39492
participate in an approved work and training program pursuant to	39493
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	39494
all moneys collected by the state pursuant to its right of	39495
subrogation provided in section 2743.72 of the Revised Code shall	39496
be deposited in the fund.	39497

(B) In making an award of reparations, the attorney general	39498
shall render the award against the state. The award shall be	39499
accomplished only through the following procedure, and the	39500
following procedure may be enforced by writ of mandamus directed	39501
to the appropriate official:	39502

(1) The attorney general shall provide for payment of the	39503
claimant or providers in the amount of the award only if the	39504
amount of the award is fifty dollars or more.	39505

(2) The expense shall be charged against all available	39506
unencumbered moneys in the fund.	39507

(3) If sufficient unencumbered moneys do not exist in the	39508
fund, the attorney general shall make application for payment of	39509
the award out of the emergency purposes account or any other	39510
appropriation for emergencies or contingencies, and payment out of	39511
this account or other appropriation shall be authorized if there	39512
are sufficient moneys greater than the sum total of then pending	39513
emergency purposes account requests or requests for releases from	39514
the other appropriations.	39515

(4) If sufficient moneys do not exist in the account or any	39516
other appropriation for emergencies or contingencies to pay the	39517
award, the attorney general shall request the general assembly to	39518
make an appropriation sufficient to pay the award, and no payment	39519
shall be made until the appropriation has been made. The attorney	39520
general shall make this appropriation request during the current	39521
biennium and during each succeeding biennium until a sufficient	39522
appropriation is made. If, prior to the time that an appropriation	39523
is made by the general assembly pursuant to this division, the	39524
fund has sufficient unencumbered funds to pay the award or part of	39525
the award, the available funds shall be used to pay the award or	39526
part of the award, and the appropriation request shall be amended	39527
to request only sufficient funds to pay that part of the award	39528
that is unpaid.	39529

(C) The attorney general shall not make payment on a decision	39530
or order granting an award until all appeals have been determined	39531
and all rights to appeal exhausted, except as otherwise provided	39532
in this section. If any party to a claim for an award of	39533
reparations appeals from only a portion of an award, and a	39534
remaining portion provides for the payment of money by the state,	39535
that part of the award calling for the payment of money by the	39536
state and not a subject of the appeal shall be processed for	39537
payment as described in this section.	39538

(D) The attorney general shall prepare itemized bills for the	39539
costs of printing and distributing the pamphlet the attorney	39540
general prepares pursuant to section 109.42 of the Revised Code.	39541
The itemized bills shall set forth the name and address of the	39542
persons owed the amounts set forth in them.	39543

(E) The attorney general shall adopt rules under Chapter 119.	39544
of the Revised Code governing the provision of state financial	39545
assistance to rape crisis programs under division (A)(1)(o) of	39546
this section.	39547

(F) As used in this section,:

39548

(1) "DNA analysis" and "DNA specimen" have the same meanings	39549
as in section 109.573 of the Revised Code.	39550

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

39551

(a) The nonprofit state sexual assault coalition designated	39552
by the center for injury prevention and control of the federal	39553
centers for disease control and prevention;	39554

(b) A victim witness assistance program operated by a	39555
prosecuting attorney;	39556

(c) A program operated by a government-based or nonprofit	39557
entity that provides a full continuum of services to victims of	39558
sexual assault, including, but not limited to, hotlines, victim	39559
advocacy, and support services from the onset of the need for	39560
services through the completion of healing, that does not provide	39561
medical services, and that may refer victims to physicians for	39562
medical care but does not engage in or refer for services for	39563
which the use of genetic services funds is prohibited by section	39564
3701.511 of the Revised Code.	39565

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

39566

(a) A violation of section 2907.02, 2907.03, 2907.04,	39567
2907.05, or former section 2907.12 of the Revised Code;	39568

(b) A violation of an existing or former municipal ordinance	39569
or law of this or any other state or the United States that is or	39570
was substantially equivalent to any section listed in division	39571
(F)(3)(a) of this section.	39572

Sec. 2743.20. Appeals from orders and judgments of the court	39573
of claims lie to the same courts under the same circumstances, as	39574
appeals from the court of common pleas of Franklin county, and the	39575
same rules of law govern their determination. The decision of the	39576
court of claims with respect to an appeal from a decision of the	39577
~~court of claims commissioners~~the attorney general pursuant to	39578
sections 2743.51 to 2743.72 of the Revised Code is final, and no	39579
appeal from the decision of the court of claims lies to any other	39580
court.	39581

Sec. 2743.48. (A) As used in this section and section	39582
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	39583
means an individual who satisfies each of the following:	39584

(1) The individual was charged with a violation of a section	39585
of the Revised Code by an indictment or information, and the	39586
violation charged was an aggravated felony or felony.	39587

(2) The individual was found guilty of, but did not plead	39588
guilty to, the particular charge or a lesser-included offense by	39589
the court or jury involved, and the offense of which the	39590
individual was found guilty was an aggravated felony or felony.	39591

(3) The individual was sentenced to an indefinite or definite	39592
term of imprisonment in a state correctional institution for the	39593
offense of which the individual was found guilty.	39594

(4) The individual's conviction was vacated, dismissed, or	39595
reversed on appeal, the prosecuting attorney in the case cannot or	39596
will not seek any further appeal of right or upon leave of court,	39597
and no criminal proceeding is pending, can be brought, or will be	39598
brought by any prosecuting attorney, city director of law, village	39599
solicitor, or other chief legal officer of a municipal corporation	39600
against the individual for any act associated with that	39601
conviction.	39602

(5) Subsequent to sentencing and during or subsequent to	39603
imprisonment, an error in procedure resulted in the individual's	39604
release, or it was determined by the court of common pleas in the	39605
county where the underlying criminal action was initiated that the	39606
charged offense, including all lesser-included offenses, either	39607
was not committed by the individual or was not committed by any	39608
person.	39609

(B)(1) A person may file a civil action to be declared a	39610
wrongfully imprisoned individual in the court of common pleas in	39611
the county where the underlying criminal action was initiated.	39612
That civil action shall be separate from the underlying finding of	39613
guilt by the court of common pleas. The prosecuting attorney of	39614
that county shall be served with a copy of the complaint and shall	39615
defend all civil actions to determine a person to be a wrongfully	39616
imprisoned individual under this section. Upon the filing of a	39617
civil action to be determined a wrongfully imprisoned individual,	39618
the attorney general also shall be served with a copy of the	39619
complaint and shall be heard.	39620

(2) When the court of common pleas in the county where the	39621
underlying criminal action was initiated determines in a separate	39622
civil action that a person is a wrongfully imprisoned individual,	39623
the court shall provide the person with a copy of this section and	39624
orally inform the person and the person's attorney of the person's	39625
rights under this section to commence a civil action against the	39626
state in the court of claims because of the person's wrongful	39627
imprisonment and to be represented in that civil action by counsel	39628
of the person's own choice.	39629

(3) The court described in division (B)(1) of this section	39630
shall notify the clerk of the court of claims, in writing and	39631
within seven days after the date of the entry of its determination	39632
that the person is a wrongfully imprisoned individual, of the name	39633
and proposed mailing address of the person and of the fact that	39634
the person has the rights to commence a civil action and to have	39635
legal representation as provided in this section. The clerk of the	39636
court of claims shall maintain in the clerk's office a list of	39637
wrongfully imprisoned individuals for whom notices are received	39638
under this section and shall create files in the clerk's office	39639
for each such individual.	39640

(4) Within sixty days after the date of the entry of the	39641
determination by the court of common pleas in the county where the	39642
underlying criminal action was initiated that a person is a	39643
wrongfully imprisoned individual, the clerk of the court of claims	39644
shall forward a preliminary judgment to the president of the	39645
controlling board requesting the payment of fifty per cent of the	39646
amount described in division (E)(2)(b) of this section to the	39647
wrongfully imprisoned individual. The board shall take all actions	39648
necessary to cause the payment of that amount out of the emergency	39649
purposes special purpose account of the board.	39650

(5) If an individual was serving at the time of the wrongful	39651
imprisonment concurrent sentences on other convictions that were	39652
not vacated, dismissed, or reversed on appeal, the individual is	39653
not eligible for compensation as described in this section for any	39654
portion of that wrongful imprisonment that occurred during a	39655
concurrent sentence of that nature.	39656

(C)(1) In a civil action under this section, a wrongfully	39657
imprisoned individual has the right to have counsel of the	39658
individual's own choice.	39659

(2) If a wrongfully imprisoned individual who is the subject	39660
of a court determination as described in division (B)(2) of this	39661
section does not commence a civil action under this section within	39662
six months after the entry of that determination, the clerk of the	39663
court of claims shall send a letter to the wrongfully imprisoned	39664
individual, at the address set forth in the notice received from	39665
the court of common pleas pursuant to division (B)(3) of this	39666
section or to any later address provided by the wrongfully	39667
imprisoned individual, that reminds the wrongfully imprisoned	39668
individual of the wrongfully imprisoned individual's rights under	39669
this section. Until the statute of limitations provided in	39670
division (H) of this section expires and unless the wrongfully	39671
imprisoned individual commences a civil action under this section,	39672
the clerk of the court of claims shall send a similar letter in a	39673
similar manner to the wrongfully imprisoned individual at least	39674
once each three months after the sending of the first reminder.	39675

(D) Notwithstanding any provisions of this chapter to the	39676
contrary, a wrongfully imprisoned individual has and may file a	39677
civil action against the state, in the court of claims, to recover	39678
a sum of money as described in this section, because of the	39679
individual's wrongful imprisonment. The court of claims shall have	39680
exclusive, original jurisdiction over such a civil action. The	39681
civil action shall proceed, be heard, and be determined as	39682
provided in sections 2743.01 to 2743.20 of the Revised Code,	39683
except that if a provision of this section conflicts with a	39684
provision in any of those sections, the provision in this section	39685
controls.	39686

(E)(1) In a civil action as described in division (D) of this	39687
section, the complainant may establish that the claimant is a	39688
wrongfully imprisoned individual by submitting to the court of	39689
claims a certified copy of the judgment entry of the court of	39690
common pleas associated with the claimant's conviction and	39691
sentencing, and a certified copy of the entry of the determination	39692
of the court of common pleas that the claimant is a wrongfully	39693
imprisoned individual under division (B)(2) of this section. No	39694
other evidence shall be required of the complainant to establish	39695
that the claimant is a wrongfully imprisoned individual, and the	39696
claimant shall be irrebuttably presumed to be a wrongfully	39697
imprisoned individual.	39698

(2) In a civil action as described in division (D) of this	39699
section, upon presentation of requisite proof to the court of	39700
claims, a wrongfully imprisoned individual is entitled to receive	39701
a sum of money that equals the total of each of the following	39702
amounts:	39703

(a) The amount of any fine or court costs imposed and paid,	39704
and the reasonable attorney's fees and other expenses incurred by	39705
the wrongfully imprisoned individual in connection with all	39706
associated criminal proceedings and appeals, and, if applicable,	39707
in connection with obtaining the wrongfully imprisoned	39708
individual's discharge from confinement in the state correctional	39709
institution;	39710

(b) For each full year of imprisonment in the state	39711
correctional institution for the offense of which the wrongfully	39712
imprisoned individual was found guilty, forty thousand three	39713
hundred thirty dollars or the adjusted amount determined by the	39714
auditor of state pursuant to section 2743.49 of the Revised Code,	39715
and for each part of a year of being so imprisoned, a pro-rated	39716
share of forty thousand three hundred thirty dollars or the	39717
adjusted amount determined by the auditor of state pursuant to	39718
section 2743.49 of the Revised Code;	39719

(c) Any loss of wages, salary, or other earned income that	39720
directly resulted from the wrongfully imprisoned individual's	39721
arrest, prosecution, conviction, and wrongful imprisonment;	39722

(d) The amount of the following cost debts the department of	39723
rehabilitation and correction recovered from the wrongfully	39724
imprisoned individual who was in custody of the department or	39725
under the department's supervision:	39726

(i) Any user fee or copayment for services at a detention	39727
facility, including, but not limited to, a fee or copayment for	39728
sick call visits;	39729

(ii) The cost of housing and feeding the wrongfully	39730
imprisoned individual in a detention facility;	39731

(iii) The cost of supervision of the wrongfully imprisoned	39732
individual;	39733

(iv) The cost of any ancillary services provided to the	39734
wrongfully imprisoned individual.	39735

(F)(1) If the court of claims determines in a civil action as	39736
described in division (D) of this section that the complainant is	39737
a wrongfully imprisoned individual, it shall enter judgment for	39738
the wrongfully imprisoned individual in the amount of the sum of	39739
money to which the wrongfully imprisoned individual is entitled	39740
under division (E)(2) of this section. In determining that sum,	39741
the court of claims shall not take into consideration any expenses	39742
incurred by the state or any of its political subdivisions in	39743
connection with the arrest, prosecution, and imprisonment of the	39744
wrongfully imprisoned individual, including, but not limited to,	39745
expenses for food, clothing, shelter, and medical services. The	39746
court shall reduce that sum by the amount of the payment to the	39747
wrongfully imprisoned individual described in division (B)(4) of	39748
this section.	39749

(2) If the wrongfully imprisoned individual was represented	39750
in the civil action under this section by counsel of the	39751
wrongfully imprisoned individual's own choice, the court of claims	39752
shall include in the judgment entry referred to in division (F)(1)	39753
of this section an award for the reasonable attorney's fees of	39754
that counsel. These fees shall be paid as provided in division (G)	39755
of this section.	39756

(3) The state consents to be sued by a wrongfully imprisoned	39757
individual because the imprisonment was wrongful, and to liability	39758
on its part because of that fact, only as provided in this	39759
section. However, this section does not affect any liability of	39760
the state or of its employees to a wrongfully imprisoned	39761
individual on a claim for relief that is not based on the fact of	39762
the wrongful imprisonment, including, but not limited to, a claim	39763
for relief that arises out of circumstances occurring during the	39764
wrongfully imprisoned individual's confinement in the state	39765
correctional institution.	39766

(G) The clerk of the court of claims shall forward a	39767
certified copy of a judgment under division (F) of this section to	39768
the president of the controlling board. The board shall take all	39769
actions necessary to cause the payment of the judgment out of the	39770
emergency purposes special purpose account of the board.	39771

(H) To be eligible to recover a sum of money as described in	39772
this section because of wrongful imprisonment, both of the	39773
following shall apply to a wrongfully imprisoned individual:	39774

(1) The wrongfully imprisoned individual shall not have been,	39775
prior to September 24, 1986, the subject of an act of the general	39776
assembly that authorized an award of compensation for the wrongful	39777
imprisonment or have been the subject of an action before the	39778
former sundry claims board that resulted in an award of	39779
compensation for the wrongful imprisonment.	39780

(2) The wrongfully imprisoned individual shall commence a	39781
civil action under this section in the court of claims no later	39782
than two years after the date of the entry of the determination of	39783
the court of common pleas that the individual is a wrongfully	39784
imprisoned individual under division (B)(2) of this section.	39785

Sec. 2743.52. (A) The attorney general shall make awards of	39786
reparations for economic loss arising from criminally injurious	39787
conduct, if satisfied by a preponderance of the evidence that the	39788
requirements for an award of reparations have been met.	39789

(B) AThe court of claims ~~panel of commissioners or a judge~~	39790
~~of the court of claims~~ has appellate jurisdiction to order awards	39791
of reparations for economic loss arising from criminally injurious	39792
conduct, if satisfied by a preponderance of the evidence that the	39793
requirements for an award of reparations have been met.	39794

(C) A decision of the attorney general~~, an order of a court~~	39795
~~of claims panel of commissioners,~~ or ~~the~~ judgment of ~~a judge of~~	39796
the court of claims concerning an OVI violation shall not be used	39797
as the basis for any civil or criminal action and shall not be	39798
admissible as evidence in any civil or criminal proceeding.	39799

Sec. 2743.53. ~~(A) A~~The court of claims ~~panel of~~	39800
~~commissioners~~ shall hear and determine all matters relating to	39801
appeals from decisions of the attorney general pursuant to	39802
sections 2743.51 to 2743.72 of the Revised Code.	39803

~~(B) A judge of the court of claims shall hear and determine~~	39804
~~all matters relating to appeals from decisions or orders of a~~	39805
~~panel of commissioners of the court of claims.~~	39806

Sec. 2743.531. The court of claims victims of crime fund is	39807
hereby created in the state treasury. The fund shall be used to	39808
pay the compensation of the ~~court of claims commissioners, the~~	39809
~~compensation of~~ judges of the court of claims ~~necessary to hear~~	39810
~~and determine appeals from the commissioners~~, the compensation of	39811
any court of claims personnel needed to administer sections	39812
2743.51 to 2743.72 of the Revised Code, and other administrative	39813
expenses of hearing and determining ~~appeals by court of~~ claims	39814
~~commissioners and judges~~under sections 2743.51 to 2743.72 of the	39815
Revised Code.	39816

At the beginning of each fiscal year, the director of budget	39817
and management shall transfer cash from the reparations fund to	39818
the court of claims victims of crime fund in an amount sufficient	39819
to make the cash balance in the court of claims victims of crime	39820
fund equal to the sum of the appropriation for that fiscal year	39821
and all prior fiscal year encumbrances. If the appropriation from	39822
the court of claims victims of crime fund is increased during the	39823
fiscal year, the director shall transfer cash from the reparations	39824
fund to the court of claims victims of crime fund in an amount	39825
equal to the increase in the appropriation.	39826

Sec. 2743.55. ~~(A)~~ The attorney general~~, a court of claims~~	39827
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	39828
determine all matters relating to claims for an award of	39829
reparations. The attorney general~~, a court of claims panel of~~	39830
~~commissioners,~~ or ~~a judge of~~ the court of claims may order law	39831
enforcement officers to provide copies of any information or data	39832
gathered in the investigation of the criminally injurious conduct	39833
that is the basis of any claim to enable the attorney general~~, a~~	39834
~~court of claims panel of commissioners,~~ or ~~a judge of~~ the court of	39835
claims to determine whether, and the extent to which, a claimant	39836
qualifies for an award of reparations.	39837

~~(B) A court of claims panel of commissioners shall sit in~~	39838
~~Franklin county.~~	39839

Sec. 2743.60. (A) The attorney general~~, a court of claims~~	39840
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	39841
not make or order an award of reparations to a claimant if the	39842
criminally injurious conduct upon which the claimant bases a claim	39843
never was reported to a law enforcement officer or agency.	39844

(B)(1) The attorney general~~, a panel of commissioners,~~ or a	39845
~~judge of~~ the court of claims shall not make or order an award of	39846
reparations to a claimant if any of the following apply:	39847

(a) The claimant is the offender or an accomplice of the	39848
offender who committed the criminally injurious conduct, or the	39849
award would unjustly benefit the offender or accomplice.	39850

(b) Except as provided in division (B)(2) of this section,	39851
both of the following apply:	39852

(i) The victim was a passenger in a motor vehicle and knew or	39853
reasonably should have known that the driver was under the	39854
influence of alcohol, a drug of abuse, or both.	39855

(ii) The claimant is seeking compensation for injuries	39856
proximately caused by the driver described in division	39857
(B)(1)(b)(i) of this section being under the influence of alcohol,	39858
a drug of abuse, or both.	39859

39860

(i) The victim was under the influence of alcohol, a drug of	39861
abuse, or both and was a passenger in a motor vehicle and, if	39862
sober, should have reasonably known that the driver was under the	39863
influence of alcohol, a drug of abuse, or both.	39864

(ii) The claimant is seeking compensation for injuries	39865
proximately caused by the driver described in division	39866
(B)(1)(b)(i) of this section being under the influence of alcohol,	39867
a drug of abuse, or both.	39868

(2) Division (B)(1)(b) of this section does not apply if on	39869
the date of the occurrence of the criminally injurious conduct,	39870
the victim was under sixteen years of age or was at least sixteen	39871
years of age but less than eighteen years of age and was riding	39872
with a parent, guardian, or care-provider.	39873

(C) The attorney general~~, a panel of commissioners,~~ or a	39874
~~judge of~~ the court of claims, upon a finding that the claimant or	39875
victim has not fully cooperated with appropriate law enforcement	39876
agencies, may deny a claim or reconsider and reduce an award of	39877
reparations.	39878

(D) The attorney general~~, a panel of commissioners,~~ or a	39879
~~judge of~~ the court of claims shall reduce an award of reparations	39880
or deny a claim for an award of reparations that is otherwise	39881
payable to a claimant to the extent that the economic loss upon	39882
which the claim is based is recouped from other persons, including	39883
collateral sources. If an award is reduced or a claim is denied	39884
because of the expected recoupment of all or part of the economic	39885
loss of the claimant from a collateral source, the amount of the	39886
award or the denial of the claim shall be conditioned upon the	39887
claimant's economic loss being recouped by the collateral source.	39888
If the award or denial is conditioned upon the recoupment of the	39889
claimant's economic loss from a collateral source and it is	39890
determined that the claimant did not unreasonably fail to present	39891
a timely claim to the collateral source and will not receive all	39892
or part of the expected recoupment, the claim may be reopened and	39893
an award may be made in an amount equal to the amount of expected	39894
recoupment that it is determined the claimant will not receive	39895
from the collateral source.	39896

If the claimant recoups all or part of the economic loss upon	39897
which the claim is based from any other person or entity,	39898
including a collateral source, the attorney general may recover	39899
pursuant to section 2743.72 of the Revised Code the part of the	39900
award that represents the economic loss for which the claimant	39901
received the recoupment from the other person or entity.	39902

(E)(1) Except as otherwise provided in division (E)(2) of	39903
this section, the attorney general~~, a panel of commissioners,~~ or a	39904
~~judge of~~ the court of claims shall not make an award to a claimant	39905
if any of the following applies:	39906

(a) The victim was convicted of a felony within ten years	39907
prior to the criminally injurious conduct that gave rise to the	39908
claim or is convicted of a felony during the pendency of the	39909
claim.	39910

(b) The claimant was convicted of a felony within ten years	39911
prior to the criminally injurious conduct that gave rise to the	39912
claim or is convicted of a felony during the pendency of the	39913
claim.	39914

(c) It is proved by a preponderance of the evidence that the	39915
victim or the claimant engaged, within ten years prior to the	39916
criminally injurious conduct that gave rise to the claim or during	39917
the pendency of the claim, in an offense of violence, a violation	39918
of section 2925.03 of the Revised Code, or any substantially	39919
similar offense that also would constitute a felony under the laws	39920
of this state, another state, or the United States.	39921

(d) The claimant was convicted of a violation of section	39922
2919.22 or 2919.25 of the Revised Code, or of any state law or	39923
municipal ordinance substantially similar to either section,	39924
within ten years prior to the criminally injurious conduct that	39925
gave rise to the claim or during the pendency of the claim.	39926

(e) It is proved by a preponderance of the evidence that the	39927
victim at the time of the criminally injurious conduct that gave	39928
rise to the claim engaged in conduct that was a felony violation	39929
of section 2925.11 of the Revised Code or engaged in any	39930
substantially similar conduct that would constitute a felony under	39931
the laws of this state, another state, or the United States.	39932

(2) The attorney general~~, a panel of commissioners,~~ or a	39933
~~judge of~~ the court of claims may make an award to a minor	39934
dependent of a deceased victim for dependent's economic loss or	39935
for counseling pursuant to division (F)(2) of section 2743.51 of	39936
the Revised Code if the minor dependent is not ineligible under	39937
division (E)(1) of this section due to the minor dependent's	39938
criminal history and if the victim was not killed while engaging	39939
in illegal conduct that contributed to the criminally injurious	39940
conduct that gave rise to the claim. For purposes of this section,	39941
the use of illegal drugs by the deceased victim shall not be	39942
deemed to have contributed to the criminally injurious conduct	39943
that gave rise to the claim.	39944

(F) In determining whether to make an award of reparations	39945
pursuant to this section, the attorney general or ~~panel of~~	39946
~~commissioners~~the court of claims shall consider whether there was	39947
contributory misconduct by the victim or the claimant. The	39948
attorney general~~, a panel of commissioners,~~ or ~~a judge of~~ the	39949
court of claims shall reduce an award of reparations or deny a	39950
claim for an award of reparations to the extent it is determined	39951
to be reasonable because of the contributory misconduct of the	39952
claimant or the victim.	39953

When the attorney general decides whether a claim should be	39954
denied because of an allegation of contributory misconduct, the	39955
burden of proof on the issue of that alleged contributory	39956
misconduct shall be upon the claimant, if either of the following	39957
apply:	39958

(1) The victim was convicted of a felony more than ten years	39959
prior to the criminally injurious conduct that is the subject of	39960
the claim or has a record of felony arrests under the laws of this	39961
state, another state, or the United States.	39962

(2) There is good cause to believe that the victim engaged in	39963
an ongoing course of criminal conduct within five years or less of	39964
the criminally injurious conduct that is the subject of the claim.	39965

(G) The attorney general~~, a panel of commissioners,~~ or a	39966
~~judge of~~ the court of claims shall not make an award of	39967
reparations to a claimant if the criminally injurious conduct that	39968
caused the injury or death that is the subject of the claim	39969
occurred to a victim who was an adult and while the victim, after	39970
being convicted of or pleading guilty to an offense, was serving a	39971
sentence of imprisonment in any detention facility, as defined in	39972
section 2921.01 of the Revised Code.	39973

(H) If a claimant unreasonably fails to present a claim	39974
timely to a source of benefits or advantages that would have been	39975
a collateral source and that would have reimbursed the claimant	39976
for all or a portion of a particular expense, the attorney	39977
general~~, a panel of commissioners,~~ or ~~a judge of~~ the court of	39978
claims may reduce an award of reparations or deny a claim for an	39979
award of reparations to the extent that it is reasonable to do so.	39980

(I) Reparations payable to a victim and to all other	39981
claimants sustaining economic loss because of injury to or the	39982
death of that victim shall not exceed fifty thousand dollars in	39983
the aggregate. If the attorney general~~, a panel of commissioners,~~	39984
or ~~a judge of~~ the court of claims reduces an award under division	39985
(F) of this section, the maximum aggregate amount of reparations	39986
payable under this division shall be reduced proportionately to	39987
the reduction under division (F) of this section.	39988

(J) Nothing in this section shall be construed to prohibit an	39989
award to a claimant whose claim is based on the claimant's being a	39990
victim of a violation of section 2905.32 of the Revised Code if	39991
the claimant was less than eighteen years of age when the	39992
criminally injurious conduct occurred.	39993

Sec. 2743.601. Except as otherwise provided in this section,	39994
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	39995
of the Revised Code made by the act in which this section was	39996
enacted apply to all applications for an award of reparations	39997
filed on or after ~~the effective date of this section~~September 30,	39998
2011, and to all applications for an award of reparations filed	39999
before ~~the effective date of this section~~September 30, 2011, for	40000
which an award or denial of the claim by the attorney general~~, a~~	40001
~~panel of commissioners,~~ or the court of claims has not yet become	40002
final. The amendments to section 2743.60 of the Revised Code made	40003
by the act in which this section was enacted, to the extent that	40004
they eliminate the statute of limitations and to the extent that	40005
they remove the seventy-two hour reporting requirement, and the	40006
amendments to section 2743.51 of the Revised Code concerning	40007
guardian bonds shall apply to all claims for an award of	40008
reparations pending on ~~the effective date of this section~~	40009
September 30, 2011, and to all claims for an award of reparations	40010
filed on or after ~~the effective date of this section~~September 30,	40011
2011, that are based on criminally injurious conduct not	40012
previously addressed by the attorney general~~, by a panel of~~	40013
~~commissioners,~~ or by the court of claims.	40014

Sec. 2743.61. (A) The attorney general, on the attorney	40015
general's own motion or upon request of a claimant or victim, may	40016
reconsider a decision to make an award of reparations, the amount	40017
of an award of reparations, or a decision to deny a claim for an	40018
award of reparations. A claimant may file a request for	40019
reconsideration with the attorney general not later than thirty	40020
days after the attorney general renders an initial decision. A	40021
claimant may submit with the request any additional information	40022
that is relevant to the claimant's claim for an award of	40023
reparation.	40024

The attorney general shall reconsider the application based	40025
upon evidence that is relevant to the application and issue a	40026
final decision within sixty days of receiving the request for	40027
reconsideration. The attorney general may extend the sixty-day	40028
time limit and shall record in writing specific reasons to justify	40029
the extension. The attorney general shall notify the claimant of	40030
the extension and of the reasons for the extension.	40031

If a claimant does not file a request for reconsideration of	40032
a decision of the attorney general to make an award or to deny a	40033
claim or of the amount of an award within thirty days after the	40034
decision is rendered, the award, the denial of the claim, or the	40035
amount of the award is final unless the attorney general in the	40036
interest of justice allows the reconsideration after the	40037
expiration of that period of time.	40038

(B) A claimant may appeal an award of reparations, the amount	40039
of an award of reparations, or the denial of a claim for an award	40040
of reparations that is made by a final decision of the attorney	40041
general after any reconsideration. If the final decision of the	40042
attorney general with respect to any claim for an award of	40043
reparations is appealed, athe court of claims ~~panel of~~	40044
~~commissioners~~, within ninety days of receiving the notice of	40045
appeal, shall schedule and conduct a hearing on the appeal. The	40046
~~panel of commissioners~~court shall determine the appeal within	40047
sixty days from the date of the hearing on the basis of the record	40048
of the hearing before the ~~commissioners~~court, including the	40049
original award or denial and the finding of fact of the attorney	40050
general, any information or documents that the attorney general	40051
used in the investigation, any information or data provided to the	40052
attorney general, any briefs or oral arguments that may be	40053
requested by athe court ~~of claims panel of commissioners~~, and any	40054
additional evidence presented at the hearing. The ~~panel of~~	40055
~~commissioners~~court may extend the sixty-day time limit and shall	40056
record in writing specific reasons to justify the extension. The	40057
attorney general shall supply the ~~panel of commissioners~~court	40058
with the original decision awarding or denying compensation, the	40059
finding of fact of the attorney general, any information or	40060
documents that the attorney general used in the investigation, and	40061
any information or data provided to the attorney general within	40062
fourteen days of the filing of the objection and notice of appeal	40063
by the applicant. The ~~panel of commissioners~~court shall notify	40064
the claimant and attorney general of the extension and of the	40065
reasons for the extension. If upon hearing and consideration of	40066
the record and evidence, the court ~~of claims panel of~~	40067
~~commissioners~~ decides that the decision of the attorney general	40068
appealed from is reasonable and lawful, it shall affirm the same.	40069
If the court ~~of claims panel of commissioners~~ decides that the	40070
decision of the attorney general is not supported by a	40071
preponderance of the evidence or is unreasonable or unlawful, it	40072
the court shall reverse and vacate the decision or modify it and	40073
enter judgment thereon. The	40074

~~(C) The attorney general or a claimant may appeal an award of~~	40075
~~reparations, the amount of an award of reparations, or the denial~~	40076
~~of a claim for an award of reparations that is made by a panel of~~	40077
~~court of claims commissioners. If the determination of the panel~~	40078
~~of commissioners with respect to any claim for an award of~~	40079
~~reparations is appealed, a judge of the court of claims shall hear~~	40080
~~and determine the appeal on the basis of the record of the hearing~~	40081
~~before the commissioners, including the original award or denial~~	40082
~~made by the attorney general, any information or documents~~	40083
~~presented to the panel of commissioners, and any briefs or oral~~	40084
~~arguments that may be requested by the judge. If upon hearing and~~	40085
~~consideration of the record and evidence, the judge decides that~~	40086
~~the decision of the panel of commissioners is unreasonable or~~	40087
~~unlawful, the judge shall reverse and vacate the decision or~~	40088
~~modify it and enter judgment on the claim. The~~ decision of the	40089
~~judge of the~~ court ~~of claims~~ is final.	40090

~~(D)~~(C) Notices of an appeal concerning an award of	40091
reparations shall be filed within thirty days after the date on	40092
which the award or the denial of a claim is made by a final	40093
decision of the attorney general. If a notice of appeal is not	40094
filed within the thirty-day period, the award or denial of the	40095
claim is final unless athe court of claims ~~panel of commissioners~~	40096
in the interests of justice allows the appeal.	40097

~~(E) The attorney general or a claimant shall file a notice of~~	40098
~~an appeal concerning an order or decision of a panel of~~	40099
~~commissioners within thirty days after the date on which the award~~	40100
~~or the denial of a claim is made by the panel of commissioners. If~~	40101
~~the attorney general or a claimant does not file a notice of~~	40102
~~appeal with respect to an award or denial within the thirty-day~~	40103
~~period, the award or denial of the claim is final unless a judge~~	40104
~~of the court of claims in the interests of justice allows the~~	40105
~~appeal.~~	40106

Sec. 2743.62. (A)(1) Subject to division (A)(2) of this	40107
section, there is no privilege, except the privileges arising from	40108
the attorney-client relationship, as to communications or records	40109
that are relevant to the physical, mental, or emotional condition	40110
of the claimant or victim in a proceeding under sections 2743.51	40111
to 2743.72 of the Revised Code in which that condition is an	40112
element.	40113

(2)(a) Except as specified in division (A)(2)(b) of this	40114
section, any record or report that a judge of the court of claims,	40115
~~a court of claims panel of commissioners,~~ or the attorney general	40116
has obtained prior to, or obtains on or after, June 30, 1998,	40117
under the provisions of sections 2743.51 to 2743.72 of the Revised	40118
Code and that is confidential or otherwise exempt from public	40119
disclosure under section 149.43 of the Revised Code while in the	40120
possession of the creator of the record or report shall remain	40121
confidential or exempt from public disclosure under section 149.43	40122
of the Revised Code while in the possession of the court of claims	40123
or the attorney general.	40124

(b) Notwithstanding division (A)(2)(a) of this section, a	40125
judge of the court of claims, a ~~panel of commissioners~~magistrate,	40126
a claimant, a claimant's attorney, or the attorney general may	40127
disclose or refer to records or reports described in that division	40128
in any hearing conducted under sections 2743.51 to 2743.72 of the	40129
Revised Code or in the judge's, ~~panel of commissioners'~~	40130
magistrate's, claimant's, or attorney general's written pleadings,	40131
findings, recommendations, and decisions.	40132

(B) If the mental, physical, or emotional condition of a	40133
victim or claimant is material to a claim for an award of	40134
reparations, the attorney general~~, a panel of commissioners,~~ or a	40135
~~judge of~~ the court of claims may order the victim or claimant to	40136
submit to a mental or physical examination and may order an	40137
autopsy of a deceased victim. The order may be made for good cause	40138
shown and upon notice to the person to be examined and to the	40139
claimant. The order shall specify the time, place, manner,	40140
conditions, and scope of the examination or autopsy and the person	40141
by whom it is to be made. In the case of a mental examination, the	40142
person specified may be a physician or psychologist. In the case	40143
of a physical examination, the person specified may be a	40144
physician, a physician assistant, a clinical nurse specialist, a	40145
certified nurse practitioner, or a certified nurse-midwife. In the	40146
case of an autopsy, the person specified must be a physician. The	40147
order shall require the person who performs the examination or	40148
autopsy to file with the attorney general a detailed written	40149
report of the examination or autopsy. The report shall set out the	40150
findings, including the results of all tests made, diagnoses,	40151
prognoses, and other conclusions and reports of earlier	40152
examinations of the same conditions.	40153

(C) On request of the person examined, the attorney general	40154
shall furnish the person a copy of the report. If the victim is	40155
deceased, the attorney general, on request, shall furnish the	40156
claimant a copy of the report.	40157

(D) The attorney general~~, a panel of commissioners,~~ or a	40158
~~judge of~~ the court of claims may require the claimant to	40159
supplement the application for an award of reparations with any	40160
reasonably available medical or psychological reports relating to	40161
the injury for which the award of reparations is claimed.	40162

(E) The attorney general~~, a panel of commissioners,~~ or a	40163
~~judge of~~ the court of claims, in a claim arising out of a	40164
violation of any provision of sections 2907.02 to 2907.07 of the	40165
Revised Code, shall not request the victim or the claimant to	40166
supply, or permit any person to supply, any evidence of specific	40167
instances of the victim's sexual activity, opinion evidence of the	40168
victim's sexual activity, or reputation evidence of the victim's	40169
sexual activity unless it involves evidence of the origin of	40170
semen, pregnancy, or disease or evidence of the victim's past	40171
sexual activity with the offender and only to the extent that the	40172
~~judge, the panel~~court of ~~commissioners,~~claims or the attorney	40173
general finds that the evidence is relevant to a fact at issue in	40174
the claim.	40175

Sec. 2743.63. If a person refuses to comply with an order	40176
under sections 2743.51 to 2743.72 of the Revised Code, or asserts	40177
a privilege, except privileges arising from the attorney-client	40178
relationship, to withhold or suppress evidence relevant to a claim	40179
for an award of reparations, the attorney general may make any	40180
just decision including denial of the claim but shall not find the	40181
person in contempt. If necessary to carry out any of the attorney	40182
general's powers and duties, the attorney general may petition a	40183
the court of claims ~~panel of commissioners~~ for an appropriate	40184
order, including but not limited to a finding of contempt, but a	40185
~~panel of commissioners~~the court shall not find a person in	40186
contempt for refusal to submit to a mental or physical	40187
examination.	40188

Sec. 2743.64. The attorney general~~, a court of claims panel~~	40189
~~of commissioners,~~ or ~~a judge of~~ the court of claims may make an	40190
award of reparations whether or not any person is prosecuted or	40191
convicted for committing the conduct that is the basis of the	40192
award. Proof of conviction of a person whose conduct gave rise to	40193
a claim is conclusive evidence that the crime was committed,	40194
unless an application for rehearing, an appeal of the conviction,	40195
or certiorari is pending, or a rehearing or new trial has been	40196
ordered.	40197

If the prosecuting attorney of the county in which the	40198
criminally injurious conduct allegedly occurred requests the	40199
suspension of proceedings in any claim for an award of reparations	40200
and if the request is made because of the commencement of a	40201
criminal prosecution, the attorney general may suspend, because a	40202
criminal prosecution has been commenced or is imminent, the	40203
proceedings in any claim for an award of reparations for a	40204
definite period of time, and may make an emergency award under	40205
section 2743.67 of the Revised Code.	40206

Sec. 2743.65. (A) The attorney general shall determine, and	40207
the state shall pay, in accordance with this section attorney's	40208
fees, commensurate with services rendered, to the attorney	40209
representing a claimant under sections 2743.51 to 2743.72 of the	40210
Revised Code. The attorney shall submit on an application form an	40211
itemized fee bill at the rate of sixty dollars per hour upon	40212
receipt of the final decision on the claim. Attorney's fees paid	40213
pursuant to this section are subject to the following maximum	40214
amounts:	40215

(1) A maximum of seven hundred twenty dollars for claims	40216
resolved without the filing of an appeal to the ~~panel~~court of	40217
~~commissioners~~claims;	40218

(2) A maximum of one thousand twenty dollars for claims in	40219
which an appeal to the ~~panel~~court of ~~commissioners~~claims is	40220
filed plus, at the request of an attorney whose main office is not	40221
in Franklin county, Delaware county, Licking county, Fairfield	40222
county, Pickaway county, Madison county, or Union county, an	40223
amount for the attorney's travel time to attend the oral hearing	40224
before the ~~panel~~court of ~~commissioners~~claims at the rate of	40225
thirty dollars per hour;	40226

(3) A maximum of one thousand three hundred twenty dollars	40227
for claims in which an appeal to ~~a judge of~~ the court of claims is	40228
filed plus, at the request of an attorney whose main office is not	40229
in Franklin county, Delaware county, Licking county, Fairfield	40230
county, Pickaway county, Madison county, or Union county, an	40231
amount for the attorney's travel time to attend the oral hearing	40232
before the ~~judge~~court at the rate of thirty dollars per hour;	40233

(4) A maximum of seven hundred twenty dollars for a	40234
supplemental reparations application;	40235

(5) A maximum of two hundred dollars if the claim is denied	40236
on the basis of a claimant's or victim's conviction of a felony	40237
offense prior to the filing of the claim. If the claimant or	40238
victim is convicted of a felony offense during the pendency of the	40239
claim, the two hundred dollars maximum does not apply. If the	40240
attorney had knowledge of the claimant's or victim's felony	40241
conviction prior to the filing of the application for the claim,	40242
the attorney general may determine that the filing of the claim	40243
was frivolous and may deny attorney's fees.	40244

(B) The attorney general may determine that an attorney be	40245
reimbursed for fees incurred in the creation of a guardianship if	40246
the guardianship is required in order for an individual to receive	40247
an award of reparations, and those fees shall be reimbursed at a	40248
rate of sixty dollars per hour.	40249

(C)(1) The attorney general shall forward an application form	40250
for attorney's fees to a claimant's attorney before or when the	40251
final decision on a claim is rendered. The application form for	40252
attorney's fees shall do all of the following:	40253

(a) Inform the attorney of the requirements of this section;

40254

(b) Require a verification statement comporting with the law	40255
prohibiting falsification;	40256

40257

(d) Require a verification statement that the claimant was	40258
served a copy of the completed application form;	40259

(e) Include notice that the claimant may oppose the	40260
application by notifying the attorney general in writing within	40261
ten days.	40262

(2) The attorney general shall forward a copy of this section	40263
to the attorney with the application form for attorney's fees. The	40264
attorney shall file the application form with the attorney	40265
general. The attorney general's decision with respect to an award	40266
of attorney's fees is final ten days after the attorney general	40267
renders the decision and mails a copy of the decision to the	40268
attorney at the address provided by the attorney. The attorney may	40269
request reconsideration of the decision on grounds that it is	40270
insufficient or calculated incorrectly. The attorney general's	40271
decision on the request for reconsideration is final.	40272

(D) The attorney general shall review all application forms	40273
for attorney's fees that are submitted by a claimant's attorney	40274
and shall issue an order approving the amount of fees to be paid	40275
to the attorney within sixty days after receipt of the application	40276
form.	40277

(E) No attorney's fees shall be paid for the following:

40278

(1) Estate work or representation of a claimant against a	40279
collateral source;	40280

(2) Duplication of investigative work required to be	40281
performed by the attorney general;	40282

(3) Performance of unnecessary criminal investigation of the	40283
offense;	40284

(4) Presenting or appealing an issue that has been repeatedly	40285
ruled upon by the highest appellate authority, unless a unique set	40286
of facts or unique issue of law exists that distinguishes it;	40287

(5) A fee request that is unreasonable, is not commensurate	40288
with services rendered, violates the Ohio code of professional	40289
responsibility, or is based upon services that are determined to	40290
be frivolous.	40291

(F)(1) The attorney general may reduce or deny the payment of	40292
attorney's fees to an attorney who has filed a frivolous claim.	40293
Subject to division (A)(5) of this section, the denial of a claim	40294
on the basis of a felony conviction, felony conduct, or	40295
contributory misconduct does not constitute a frivolous claim.	40296

(2) As used in this section, "frivolous claim" means a claim	40297
in which there is clearly no legal grounds under the existing laws	40298
of this state to support the filing of a claim on behalf of the	40299
claimant or victim.	40300

(G) The attorney general may determine that a lesser number	40301
of hours should have been required in a given case. Additional	40302
reimbursement may be made where the attorney demonstrates to the	40303
attorney general that the nature of the particular claim required	40304
the expenditure of an amount in excess of that allowed.	40305

(H) No attorney shall receive payment under this section for	40306
assisting a claimant with an application for an award of	40307
reparations under sections 2743.51 to 2743.72 of the Revised Code	40308
if that attorney's fees have been allowed as an expense in	40309
accordance with division (F)(4) of section 2743.51 of the Revised	40310
Code.	40311

(I) A contract or other agreement between an attorney and any	40312
person that provides for the payment of attorney's fees or other	40313
payments in excess of the attorney's fees allowed under this	40314
section for representing a claimant under sections 2743.51 to	40315
2743.72 of the Revised Code shall be void and unenforceable.	40316

(J) Each witness who appears in a hearing on a claim for an	40317
award of reparations shall receive compensation in an amount equal	40318
to that received by witnesses under section 119.094 of the Revised	40319
Code.	40320

Sec. 2743.66. (A) A decision of the attorney general,or	40321
order ~~of a court of claims panel of commissioners,~~ or judgment of	40322
~~a judge~~ of the court of claims granting an award of reparations	40323
may provide for the payment of the award in a lump sum or in	40324
installments. The part of an award equal to the amount of economic	40325
loss accrued to the date of the award shall be paid in a lump sum.	40326
An award for allowable expense that would accrue after the award	40327
is made shall not be paid in a lump sum. Except as provided in	40328
division (B) of this section, the part of an award not paid in a	40329
lump sum shall be paid in installments.	40330

(B) Upon the motion of the claimant, the attorney general may	40331
commute future economic loss, other than allowable expense, to a	40332
lump sum but only upon a finding that either of the following	40333
applies:	40334

(1) The award in a lump sum will promote the interests of the	40335
claimant.	40336

(2) The present value of all future economic loss, other than	40337
allowable expense, does not exceed one thousand dollars.	40338

(C) The attorney general may make an award for future	40339
economic loss payable in installments only for a period as to	40340
which future economic loss reasonably can be determined. An award	40341
for future economic loss payable in installments may be	40342
reconsidered and modified upon a finding that a material and	40343
substantial change of circumstances has occurred.	40344

(D) An award is not subject to execution, attachment,	40345
garnishment, or other process, except that, upon receipt of an	40346
award by a claimant:	40347

(1) The part of the award that is for allowable expense or	40348
funeral expense is not exempt from such action by a creditor to	40349
the extent that the creditor provided products, services, or	40350
accommodations the costs of which are included in the award.	40351

(2) The part of the award that is for work loss shall not be	40352
exempt from such action to secure payment of spousal support,	40353
other maintenance, or child support.	40354

(3) The attorney general may recover the award pursuant to	40355
section 2743.72 of the Revised Code if it is discovered that the	40356
claimant actually was not eligible for the award or that the award	40357
otherwise should not have been made under the standards and	40358
criteria set forth in sections 2743.51 to 2743.72 of the Revised	40359
Code.	40360

(4) If the claimant receives compensation from any other	40361
person or entity, including a collateral source, for an expense	40362
that is included within the award, the attorney general may	40363
recover pursuant to section 2743.72 of the Revised Code the part	40364
of the award that represents the expense for which the claimant	40365
received the compensation from the other person or entity.	40366

(E) If a person entitled to an award of reparations is under	40367
eighteen years of age and if the amount of the award exceeds one	40368
thousand dollars, the order providing for the payment of the award	40369
shall specify that the award be paid either to the guardian of the	40370
estate of the minor appointed pursuant to Chapter 2111. of the	40371
Revised Code or to the person or depository designated by the	40372
probate court under section 2111.05 of the Revised Code. If a	40373
person entitled to an award of reparations is under eighteen years	40374
of age and if the amount of the award is one thousand dollars or	40375
less, the order providing for the payment of the award may specify	40376
that the award be paid to an adult member of the family of the	40377
minor who is legally responsible for the minor's care or to any	40378
other person designated by the attorney general or ~~panel of~~	40379
~~commissioners issuing~~ the ~~decision or order~~court of claims.	40380

Sec. 2743.67. The attorney general may make an emergency	40381
award if, before acting on an application for an award of	40382
reparations under this section, it appears likely that a final	40383
award will be made, and the claimant or victim will suffer undue	40384
hardship if immediate economic relief is not obtained. An	40385
emergency award shall not exceed two thousand dollars. The	40386
attorney general or the court of claims ~~panel of commissioners~~	40387
shall deduct an amount of the emergency award from the final	40388
award, or the claimant or victim shall repay the amount of the	40389
emergency award that exceeds the final award made to the claimant.	40390
If no final award is made, the claimant or victim shall repay the	40391
entire emergency award.	40392

Sec. 2743.68. A claimant may file a supplemental reparations	40393
application in a claim if the attorney general~~, a court of claims~~	40394
~~panel of commissioners,~~ or ~~judge of~~ the court of claims, within	40395
five years prior to the filing of the supplemental application,	40396
has made any of the following determinations:	40397

(A) That an award, supplemental award, or installment award	40398
be granted;	40399

(B) That an award, supplemental award, or installment award	40400
be conditioned or denied because of actual or potential recovery	40401
from a collateral source;	40402

(C) That an award, supplemental award, or installment award	40403
be denied because the claimant had not incurred any economic loss	40404
at that time.	40405

Sec. 2743.69. (A) The attorney general shall prepare and	40406
transmit annually to the governor, the president of the senate,	40407
the speaker of the house of representatives, and the minority	40408
leaders of both houses a report of the activities of the Ohio	40409
crime victims compensation program under sections 2743.51 to	40410
2743.72 of the Revised Code. The report shall include all of the	40411
following:	40412

(1) The number of claims filed, the number of awards made and	40413
the amount of each award, and a statistical summary of awards made	40414
and denied, including the average size of awards;	40415

(2) The balance in the reparations fund, with a listing by	40416
source and amount of the moneys that have been deposited in the	40417
fund;	40418

(3) The amount that has been withdrawn from the fund,	40419
including separate listings of the administrative costs incurred	40420
by the attorney general and athe court of claims ~~panel of~~	40421
~~commissioners, compensation of judges and court personnel~~, the	40422
amount awarded as attorney's fees, and the amount of payments made	40423
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	40424
Revised Code.	40425

(B) The director of budget and management shall assist the	40426
attorney general in the preparation of the report required by this	40427
section.	40428

Sec. 2743.71. (A) Any law enforcement agency that	40429
investigates, and any prosecuting attorney, city director of law,	40430
village solicitor, or similar prosecuting authority who	40431
prosecutes, an offense committed in this state shall, upon first	40432
contact with the victim or the victim's family or dependents, give	40433
the victim or the victim's family or dependents a copy of an	40434
information card or other printed material provided by the	40435
attorney general pursuant to division (B) of this section and	40436
explain, upon request, the information on the card or material to	40437
the victim or the victim's family or dependents.	40438

(B) The attorney general shall have printed, and shall	40439
provide to law enforcement agencies, prosecuting attorneys, city	40440
directors of law, village solicitors, and similar prosecuting	40441
authorities, cards or other materials that contain information	40442
explaining awards of reparations. The information on the cards or	40443
other materials shall include, but shall not be limited to, the	40444
following statements:	40445

(1) Awards of reparations are limited to losses that are	40446
caused by physical injury resulting from criminally injurious	40447
conduct;	40448

(2) Reparations applications are required to be filed ~~within~~	40449
~~two years after the date of the criminally injurious conduct if~~	40450
~~the victim was an adult, or~~ within the period provided by division	40451
~~(C)~~(B)(1) of section 2743.56 of the Revised Code if the victim of	40452
the criminally injurious conduct was a minor;	40453

(3) An attorney who represents an applicant for an award of	40454
reparations cannot charge the applicant for the services rendered	40455
in relation to that representation but is required to apply to the	40456
attorney general for payment for the representation;	40457

(4) Applications for awards of reparations may be obtained	40458
from the attorney general, law enforcement agencies, and victim	40459
assistance agencies and are to be filed with the attorney general.	40460

(C) The attorney general may order that a reasonable amount	40461
of money be paid out of the reparations fund, subject to the	40462
limitation imposed by division (D) of this section, for use by the	40463
attorney general to publicize the availability of awards of	40464
reparations.	40465

(D) During any fiscal year, the total expenditure for the	40466
printing and providing of information cards or other materials	40467
pursuant to division (B) of this section and for the publicizing	40468
of the availability of awards of reparations pursuant to division	40469
(C) of this section shall not exceed two per cent of the total of	40470
all court costs deposited, in accordance with section 2743.70 of	40471
the Revised Code, in the reparations fund during the immediately	40472
preceding fiscal year.	40473

Sec. 2744.05. Notwithstanding any other provisions of the	40474
Revised Code or rules of a court to the contrary, in an action	40475
against a political subdivision to recover damages for injury,	40476
death, or loss to person or property caused by an act or omission	40477
in connection with a governmental or proprietary function:	40478

(A) Punitive or exemplary damages shall not be awarded.

40479

(B)(1) If a claimant receives or is entitled to receive	40480
benefits for injuries or loss allegedly incurred from a policy or	40481
policies of insurance or any other source, the benefits shall be	40482
disclosed to the court, and the amount of the benefits shall be	40483
deducted from any award against a political subdivision recovered	40484
by that claimant. No insurer or other person is entitled to bring	40485
an action under a subrogation provision in an insurance or other	40486
contract against a political subdivision with respect to those	40487
benefits.	40488

The amount of the benefits shall be deducted from an award	40489
against a political subdivision under division (B)(1) of this	40490
section regardless of whether the claimant may be under an	40491
obligation to pay back the benefits upon recovery, in whole or in	40492
part, for the claim. A claimant whose benefits have been deducted	40493
from an award under division (B)(1) of this section is not	40494
considered fully compensated and shall not be required to	40495
reimburse a subrogated claim for benefits deducted from an award	40496
pursuant to division (B)(1) of this section.	40497

(2) Nothing in division (B)(1) of this section shall be	40498
construed to do either of the following:	40499

(a) Limit the rights of a beneficiary under a life insurance	40500
policy or the rights of sureties under fidelity or surety bonds;	40501

(b) Prohibit the department of ~~job and family services~~	40502
medicaid from recovering from the political subdivision, pursuant	40503
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	40504
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	40505
~~of the Revised Code~~provided under a medical assistance program.	40506

(C)(1) There shall not be any limitation on compensatory	40507
damages that represent the actual loss of the person who is	40508
awarded the damages. However, except in wrongful death actions	40509
brought pursuant to Chapter 2125. of the Revised Code, damages	40510
that arise from the same cause of action, transaction or	40511
occurrence, or series of transactions or occurrences and that do	40512
not represent the actual loss of the person who is awarded the	40513
damages shall not exceed two hundred fifty thousand dollars in	40514
favor of any one person. The limitation on damages that do not	40515
represent the actual loss of the person who is awarded the damages	40516
provided in this division does not apply to court costs that are	40517
awarded to a plaintiff, or to interest on a judgment rendered in	40518
favor of a plaintiff, in an action against a political	40519
subdivision.	40520

(2) As used in this division, "the actual loss of the person	40521
who is awarded the damages" includes all of the following:	40522

(a) All wages, salaries, or other compensation lost by the	40523
person injured as a result of the injury, including wages,	40524
salaries, or other compensation lost as of the date of a judgment	40525
and future expected lost earnings of the person injured;	40526

(b) All expenditures of the person injured or another person	40527
on behalf of the person injured for medical care or treatment, for	40528
rehabilitation services, or for other care, treatment, services,	40529
products, or accommodations that were necessary because of the	40530
injury;	40531

(c) All expenditures to be incurred in the future, as	40532
determined by the court, by the person injured or another person	40533
on behalf of the person injured for medical care or treatment, for	40534
rehabilitation services, or for other care, treatment, services,	40535
products, or accommodations that will be necessary because of the	40536
injury;	40537

(d) All expenditures of a person whose property was injured	40538
or destroyed or of another person on behalf of the person whose	40539
property was injured or destroyed in order to repair or replace	40540
the property that was injured or destroyed;	40541

(e) All expenditures of the person injured or of the person	40542
whose property was injured or destroyed or of another person on	40543
behalf of the person injured or of the person whose property was	40544
injured or destroyed in relation to the actual preparation or	40545
presentation of the claim involved;	40546

(f) Any other expenditures of the person injured or of the	40547
person whose property was injured or destroyed or of another	40548
person on behalf of the person injured or of the person whose	40549
property was injured or destroyed that the court determines	40550
represent an actual loss experienced because of the personal or	40551
property injury or property loss.	40552

"The actual loss of the person who is awarded the damages"	40553
does not include any fees paid or owed to an attorney for any	40554
services rendered in relation to a personal or property injury or	40555
property loss, and does not include any damages awarded for pain	40556
and suffering, for the loss of society, consortium, companionship,	40557
care, assistance, attention, protection, advice, guidance,	40558
counsel, instruction, training, or education of the person	40559
injured, for mental anguish, or for any other intangible loss.	40560

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	40561
or (3) of this section or as otherwise provided in this section, a	40562
prosecution shall be barred unless it is commenced within the	40563
following periods after an offense is committed:	40564

(a) For a felony, six years;

40565

(b) For a misdemeanor other than a minor misdemeanor, two	40566
years;	40567

40568

(2) There is no period of limitation for the prosecution of a	40569
violation of section 2903.01 or 2903.02 of the Revised Code.	40570

(3) Except as otherwise provided in divisions (B) to (H) of	40571
this section, a prosecution of any of the following offenses shall	40572
be barred unless it is commenced within twenty years after the	40573
offense is committed:	40574

(a) A violation of section 2903.03, 2903.04, 2905.01,	40575
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	40576
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	40577
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	40578
Code, a violation of section 2903.11 or 2903.12 of the Revised	40579
Code if the victim is a peace officer, a violation of section	40580
2903.13 of the Revised Code that is a felony, or a violation of	40581
former section 2907.12 of the Revised Code;	40582

(b) A conspiracy to commit, attempt to commit, or complicity	40583
in committing a violation set forth in division (A)(3)(a) of this	40584
section.	40585

(B)(1) Except as otherwise provided in division (B)(2) of	40586
this section, if the period of limitation provided in division	40587
(A)(1) or (3) of this section has expired, prosecution shall be	40588
commenced for an offense of which an element is fraud or breach of	40589
a fiduciary duty, within one year after discovery of the offense	40590
either by an aggrieved person, or by the aggrieved person's legal	40591
representative who is not a party to the offense.	40592

(2) If the period of limitation provided in division (A)(1)	40593
or (3) of this section has expired, prosecution for a violation of	40594
section 2913.49 of the Revised Code shall be commenced within five	40595
years after discovery of the offense either by an aggrieved person	40596
or the aggrieved person's legal representative who is not a party	40597
to the offense.	40598

(C)(1) If the period of limitation provided in division	40599
(A)(1) or (3) of this section has expired, prosecution shall be	40600
commenced for the following offenses during the following	40601
specified periods of time:	40602

(a) For an offense involving misconduct in office by a public	40603
servant, at any time while the accused remains a public servant,	40604
or within two years thereafter;	40605

(b) For an offense by a person who is not a public servant	40606
but whose offense is directly related to the misconduct in office	40607
of a public servant, at any time while that public servant remains	40608
a public servant, or within two years thereafter.	40609

(2) As used in this division:

40610

(a) An "offense is directly related to the misconduct in	40611
office of a public servant" includes, but is not limited to, a	40612
violation of section 101.71, 101.91, 121.61 or 2921.13, division	40613
(F) or (H) of section 102.03, division (A) of section 2921.02,	40614
division (A) or (B) of section 2921.43, or division (F) or (G) of	40615
section 3517.13 of the Revised Code, that is directly related to	40616
an offense involving misconduct in office of a public servant.	40617

(b) "Public servant" has the same meaning as in section	40618
2921.01 of the Revised Code.	40619

(D) An offense is committed when every element of the offense	40620
occurs. In the case of an offense of which an element is a	40621
continuing course of conduct, the period of limitation does not	40622
begin to run until such course of conduct or the accused's	40623
accountability for it terminates, whichever occurs first.	40624

(E) A prosecution is commenced on the date an indictment is	40625
returned or an information filed, or on the date a lawful arrest	40626
without a warrant is made, or on the date a warrant, summons,	40627
citation, or other process is issued, whichever occurs first. A	40628
prosecution is not commenced by the return of an indictment or the	40629
filing of an information unless reasonable diligence is exercised	40630
to issue and execute process on the same. A prosecution is not	40631
commenced upon issuance of a warrant, summons, citation, or other	40632
process, unless reasonable diligence is exercised to execute the	40633
same.	40634

(F) The period of limitation shall not run during any time	40635
when the corpus delicti remains undiscovered.	40636

(G) The period of limitation shall not run during any time	40637
when the accused purposely avoids prosecution. Proof that the	40638
accused departed this state or concealed the accused's identity or	40639
whereabouts is prima-facie evidence of the accused's purpose to	40640
avoid prosecution.	40641

(H) The period of limitation shall not run during any time a	40642
prosecution against the accused based on the same conduct is	40643
pending in this state, even though the indictment, information, or	40644
process that commenced the prosecution is quashed or the	40645
proceedings on the indictment, information, or process are set	40646
aside or reversed on appeal.	40647

(I) The period of limitation for a violation of any provision	40648
of Title XXIX of the Revised Code that involves a physical or	40649
mental wound, injury, disability, or condition of a nature that	40650
reasonably indicates abuse or neglect of a child under eighteen	40651
years of age or of a mentally retarded, developmentally disabled,	40652
or physically impaired child under twenty-one years of age shall	40653
not begin to run until either of the following occurs:	40654

(1) The victim of the offense reaches the age of majority.

40655

(2) A public children services agency, or a municipal or	40656
county peace officer that is not the parent or guardian of the	40657
child, in the county in which the child resides or in which the	40658
abuse or neglect is occurring or has occurred has been notified	40659
that abuse or neglect is known, suspected, or believed to have	40660
occurred.	40661

(J) As used in this section, "peace officer" has the same	40662
meaning as in section 2935.01 of the Revised Code.	40663

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	40664
the Revised Code:	40665

(1) "Information" means information that can be integrated	40666
into the computer system and that relates to the physical or	40667
mental description of a minor including, but not limited to,	40668
height, weight, color of hair and eyes, use of eyeglasses or	40669
contact lenses, skin coloring, physical or mental handicaps,	40670
special medical conditions or needs, abnormalities, problems,	40671
scars and marks, and distinguishing characteristics, and other	40672
information that could assist in identifying a minor including,	40673
but not limited to, full name and nickname, date and place of	40674
birth, age, names and addresses of parents and other relatives,	40675
fingerprints, dental records, photographs, social security number,	40676
driver's license number, credit card numbers, bank account	40677
numbers, and clothing.	40678

(2) "Minor" means a person under eighteen years of age.

40679

(3) "Missing children" or "missing child" means either of the	40680
following:	40681

(a) A minor who has run away from or who otherwise is missing	40682
from the home of, or the care, custody, and control of, the	40683
minor's parents, parent who is the residential parent and legal	40684
custodian, guardian, legal custodian, or other person having	40685
responsibility for the care of the minor;	40686

(b) A minor who is missing and about whom there is reason to	40687
believe the minor could be the victim of a violation of section	40688
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	40689
violation of section 2905.04 of the Revised Code as it existed	40690
prior to July 1, 1996.	40691

(B) When a law enforcement agency in this state that has	40692
jurisdiction in the matter is informed that a minor is or may be a	40693
missing child and that the person providing the information wishes	40694
to file a missing child report, the law enforcement agency shall	40695
take that report. Upon taking the report, the law enforcement	40696
agency shall take prompt action upon it, including, but not	40697
limited to, concerted efforts to locate the missing child. No law	40698
enforcement agency in this state shall have a rule or policy that	40699
prohibits or discourages the filing of or the taking of action	40700
upon a missing child report, within a specified period following	40701
the discovery or formulation of a belief that a minor is or could	40702
be a missing child.	40703

(C) If a missing child report is made to a law enforcement	40704
agency in this state that has jurisdiction in the matter, the law	40705
enforcement agency shall gather readily available information	40706
about the missing child and integrate it into the national crime	40707
information center computer immediately following the making of	40708
the report. The law enforcement agency shall make reasonable	40709
efforts to acquire additional information about the missing child	40710
following the transmittal of the initially available information,	40711
and promptly integrate any additional information acquired into	40712
such computer systems.	40713

Whenever a law enforcement agency integrates information	40714
about a missing child into the national crime information center	40715
computer, the law enforcement agency promptly shall notify the	40716
missing child's parents, parent who is the residential parent and	40717
legal custodian, guardian, or legal custodian, or any other person	40718
responsible for the care of the missing child, that it has so	40719
integrated the information.	40720

The parents, parent who is the residential parent and legal	40721
custodian, guardian, legal custodian, or other person responsible	40722
for the care of the missing child shall provide available	40723
information upon request, and may provide information voluntarily,	40724
to the law enforcement agency during the information gathering	40725
process. The law enforcement agency also may obtain available	40726
information about the missing child from other persons, subject to	40727
constitutional and statutory limitations.	40728

(D) Upon the filing of a missing child report, the law	40729
enforcement agency involved may notify the public or nonpublic	40730
school in which the missing child is or was most recently	40731
enrolled, as ascertained by the agency, that the child is the	40732
subject of a missing child report and that the child's school	40733
records are to be marked in accordance with section 3313.672 of	40734
the Revised Code.	40735

(E) Upon the filing of a missing child report, the law	40736
enforcement agency involved promptly shall make a reasonable	40737
attempt to notify other law enforcement agencies within its county	40738
and, if the agency has jurisdiction in a municipal corporation or	40739
township that borders another county, to notify the law	40740
enforcement agency for the municipal corporation or township in	40741
the other county with which it shares the border, that it has	40742
taken a missing child report and may be requesting assistance or	40743
cooperation in the case, and provide relevant information to the	40744
other law enforcement agencies. The agency may notify additional	40745
law enforcement agencies, or appropriate public children services	40746
agencies, about the case, request their assistance or cooperation	40747
in the case, and provide them with relevant information.	40748

Upon request from a law enforcement agency, a public children	40749
services agency shall grant the law enforcement agency access to	40750
all information concerning a missing child that the agency	40751
possesses that may be relevant to the law enforcement agency in	40752
investigating a missing child report concerning that child. The	40753
information obtained by the law enforcement agency shall be used	40754
only to further the investigation to locate the missing child.	40755

(F) Upon request, law enforcement agencies in this state	40756
shall provide assistance to, and cooperate with, other law	40757
enforcement agencies in their investigation of missing child	40758
cases. The assistance and cooperation under this paragraph shall	40759
be pursuant to any terms agreed upon by the law enforcement	40760
agencies, which may include the provision of law enforcement	40761
services or the use of law enforcement equipment or the	40762
interchange of services and equipment among the cooperating law	40763
enforcement agencies. Chapter 2744. of the Revised Code, insofar	40764
as it applies to the operation of law enforcement agencies, shall	40765
apply to the cooperating political subdivisions and to the law	40766
enforcement agency employees when they are rendering services	40767
pursuant to this paragraph outside the territory of the political	40768
subdivision by which they are employed. Law enforcement agency	40769
employees rendering services outside the territory of the	40770
political subdivision in which they are employed, pursuant to this	40771
paragraph, shall be entitled to participate in any indemnity fund	40772
established by their employer to the same extent as if they were	40773
rendering service within the territory of their employing	40774
political subdivision. Those law enforcement agency employees also	40775
shall be entitled to all the rights and benefits of Chapter 4123.	40776
of the Revised Code to the same extent as if rendering services	40777
within the territory of their employing political subdivision.	40778

The information in any missing child report made to a law	40779
enforcement agency shall be made available, upon request, to law	40780
enforcement personnel of this state, other states, and the federal	40781
government when the law enforcement personnel indicate that the	40782
request is to aid in identifying or locating a missing child or	40783
the possible identification of a deceased minor who, upon	40784
discovery, cannot be identified.	40785

(G) When a missing child has not been located within thirty	40786
days after the date on which the missing child report pertaining	40787
to the child was filed with a law enforcement agency, that law	40788
enforcement agency shall request the missing child's parents,	40789
parent who is the residential parent and legal custodian,	40790
guardian, or legal custodian, or any other person responsible for	40791
the care of the missing child, to provide written consent for the	40792
law enforcement agency to contact the missing child's dentist and	40793
request the missing child's dental records. Upon receipt of such	40794
written consent, the dentist shall release a copy of the missing	40795
child's dental records to the law enforcement agency and shall	40796
provide and encode the records in such form as requested by the	40797
law enforcement agency. The law enforcement agency then shall	40798
integrate information in the records into the national crime	40799
information center computer in order to compare the records to	40800
those of unidentified deceased persons. This division does not	40801
prevent a law enforcement agency from seeking consent to obtain	40802
copies of a missing child's dental records, or prevent a missing	40803
child's parents, parent who is the residential parent and legal	40804
custodian, guardian, or legal custodian, or any other person	40805
responsible for the care of the missing child, from granting	40806
consent for the release of copies of the missing child's dental	40807
records to a law enforcement agency, at any time.	40808

(H) A missing child's parents, parent who is the residential	40809
parent and legal custodian, guardian, or legal custodian, or any	40810
other persons responsible for the care of a missing child,	40811
immediately shall notify the law enforcement agency with which	40812
they filed the missing child report whenever the child has	40813
returned to their home or to their care, custody, and control, has	40814
been released if the missing child was the victim of an offense	40815
listed in division (A)(3)(b) of this section, or otherwise has	40816
been located. Upon such notification or upon otherwise learning	40817
that a missing child has returned to the home of, or to the care,	40818
custody, and control of the missing child's parents, parent who is	40819
the residential parent and legal custodian, guardian, legal	40820
custodian, or other person responsible for the missing child's	40821
care, has been released if the missing child was the victim of an	40822
offense listed in division (A)(3)(b) of this section, or otherwise	40823
has been located, the law enforcement agency involved promptly	40824
shall integrate the fact that the minor no longer is a missing	40825
child into the national crime information center computer and	40826
shall inform any school that was notified under division (D) of	40827
this section that the minor is no longer a missing child.	40828

~~(I) Nothing contained in this section shall be construed to~~	40829
~~impair the confidentiality of services provided to runaway minors~~	40830
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	40831
~~5119.68 of the Revised Code.~~	40832

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	40833
Revised Code:	40834

(A) "Care facility" means any of the following:

40835

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	40836
the Revised Code;	40837

(2) Any "residential facility" as defined in section 5123.19	40838
of the Revised Code;	40839

(3) Any institution or facility operated or provided by the	40840
department of ~~mental health~~mental health and addiction services	40841
or by the department of developmental disabilities pursuant to	40842
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	40843

(4) Any "residential facility" as defined in section ~~5119.22~~	40844
5119.34 of the Revised Code;	40845

(5) Any unit of any hospital, as defined in section 3701.01	40846
of the Revised Code, that provides the same services as a nursing	40847
home, as defined in section 3721.01 of the Revised Code;	40848

(6) Any institution, residence, or facility that provides,	40849
for a period of more than twenty-four hours, whether for a	40850
consideration or not, accommodations to one individual or two	40851
unrelated individuals who are dependent upon the services of	40852
others.	40853

(B) "Abuse" means knowingly causing physical harm or	40854
recklessly causing serious physical harm to a person by physical	40855
contact with the person or by the inappropriate use of a physical	40856
or chemical restraint, medication, or isolation on the person.	40857

(C)(1) "Gross neglect" means knowingly failing to provide a	40858
person with any treatment, care, goods, or service that is	40859
necessary to maintain the health or safety of the person when the	40860
failure results in physical harm or serious physical harm to the	40861
person.	40862

(2) "Neglect" means recklessly failing to provide a person	40863
with any treatment, care, goods, or service that is necessary to	40864
maintain the health or safety of the person when the failure	40865
results in serious physical harm to the person.	40866

(D) "Inappropriate use of a physical or chemical restraint,	40867
medication, or isolation" means the use of physical or chemical	40868
restraint, medication, or isolation as punishment, for staff	40869
convenience, excessively, as a substitute for treatment, or in	40870
quantities that preclude habilitation and treatment.	40871

Sec. 2907.22. (A) No person shall knowingly:

40872

(1) Establish, maintain, operate, manage, supervise, control,	40873
or have an interest in a brothel or any other enterprise a purpose	40874
of which is to facilitate engagement in sexual activity for hire;	40875

(2) Supervise, manage, or control the activities of a	40876
prostitute in engaging in sexual activity for hire;	40877

(3) Transport another, or cause another to be transported	40878
~~across the boundary of this state or of any county in this state~~,	40879
in order to facilitate the other person's engaging in sexual	40880
activity for hire;	40881

(4) For the purpose of violating or facilitating a violation	40882
of this section, induce or procure another to engage in sexual	40883
activity for hire.	40884

(B) Whoever violates this section is guilty of promoting	40885
prostitution. Except as otherwise provided in this division,	40886
promoting prostitution is a felony of the fourth degree. If any	40887
prostitute in the brothel involved in the offense, or the	40888
prostitute whose activities are supervised, managed, or controlled	40889
by the offender, or the person transported, induced, or procured	40890
by the offender to engage in sexual activity for hire, is a minor,	40891
whether or not the offender knows the age of the minor, then	40892
promoting prostitution is a felony of the third degree. If the	40893
offender in any case also is convicted of or pleads guilty to a	40894
specification as described in section 2941.1422 of the Revised	40895
Code that was included in the indictment, count in the indictment,	40896
or information charging the offense, the court shall sentence the	40897
offender to a mandatory prison term as provided in division (B)(7)	40898
of section 2929.14 of the Revised Code and shall order the	40899
offender to make restitution as provided in division (B)(8) of	40900
section 2929.18 of the Revised Code.	40901

Sec. 2913.01. As used in this chapter, unless the context	40902
requires that a term be given a different meaning:	40903

(A) "Deception" means knowingly deceiving another or causing	40904
another to be deceived by any false or misleading representation,	40905
by withholding information, by preventing another from acquiring	40906
information, or by any other conduct, act, or omission that	40907
creates, confirms, or perpetuates a false impression in another,	40908
including a false impression as to law, value, state of mind, or	40909
other objective or subjective fact.	40910

(B) "Defraud" means to knowingly obtain, by deception, some	40911
benefit for oneself or another, or to knowingly cause, by	40912
deception, some detriment to another.	40913

40914

(1) Withhold property of another permanently, or for a period	40915
that appropriates a substantial portion of its value or use, or	40916
with purpose to restore it only upon payment of a reward or other	40917
consideration;	40918

(2) Dispose of property so as to make it unlikely that the	40919
owner will recover it;	40920

(3) Accept, use, or appropriate money, property, or services,	40921
with purpose not to give proper consideration in return for the	40922
money, property, or services, and without reasonable justification	40923
or excuse for not giving proper consideration.	40924

(D) "Owner" means, unless the context requires a different	40925
meaning, any person, other than the actor, who is the owner of,	40926
who has possession or control of, or who has any license or	40927
interest in property or services, even though the ownership,	40928
possession, control, license, or interest is unlawful.	40929

(E) "Services" include labor, personal services, professional	40930
services, rental services, public utility services including	40931
wireless service as defined in division (F)(1) of section ~~5507.01~~	40932
128.01 of the Revised Code, common carrier services, and food,	40933
drink, transportation, entertainment, and cable television	40934
services and, for purposes of section 2913.04 of the Revised Code,	40935
include cable services as defined in that section.	40936

(F) "Writing" means any computer software, document, letter,	40937
memorandum, note, paper, plate, data, film, or other thing having	40938
in or upon it any written, typewritten, or printed matter, and any	40939
token, stamp, seal, credit card, badge, trademark, label, or other	40940
symbol of value, right, privilege, license, or identification.	40941

(G) "Forge" means to fabricate or create, in whole or in part	40942
and by any means, any spurious writing, or to make, execute,	40943
alter, complete, reproduce, or otherwise purport to authenticate	40944
any writing, when the writing in fact is not authenticated by that	40945
conduct.	40946

(H) "Utter" means to issue, publish, transfer, use, put or	40947
send into circulation, deliver, or display.	40948

(I) "Coin machine" means any mechanical or electronic device	40949
designed to do both of the following:	40950

(1) Receive a coin, bill, or token made for that purpose;

40951

(2) In return for the insertion or deposit of a coin, bill,	40952
or token, automatically dispense property, provide a service, or	40953
grant a license.	40954

(J) "Slug" means an object that, by virtue of its size,	40955
shape, composition, or other quality, is capable of being inserted	40956
or deposited in a coin machine as an improper substitute for a	40957
genuine coin, bill, or token made for that purpose.	40958

(K) "Theft offense" means any of the following:

40959

(1) A violation of section 2911.01, 2911.02, 2911.11,	40960
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	40961
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	40962
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	40963
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	40964
2913.51, 2915.05, or 2921.41 of the Revised Code;	40965

(2) A violation of an existing or former municipal ordinance	40966
or law of this or any other state, or of the United States,	40967
substantially equivalent to any section listed in division (K)(1)	40968
of this section or a violation of section 2913.41, 2913.81, or	40969
2915.06 of the Revised Code as it existed prior to July 1, 1996;	40970

(3) An offense under an existing or former municipal	40971
ordinance or law of this or any other state, or of the United	40972
States, involving robbery, burglary, breaking and entering, theft,	40973
embezzlement, wrongful conversion, forgery, counterfeiting,	40974
deceit, or fraud;	40975

(4) A conspiracy or attempt to commit, or complicity in	40976
committing, any offense under division (K)(1), (2), or (3) of this	40977
section.	40978

(L) "Computer services" includes, but is not limited to, the	40979
use of a computer system, computer network, computer program, data	40980
that is prepared for computer use, or data that is contained	40981
within a computer system or computer network.	40982

(M) "Computer" means an electronic device that performs	40983
logical, arithmetic, and memory functions by the manipulation of	40984
electronic or magnetic impulses. "Computer" includes, but is not	40985
limited to, all input, output, processing, storage, computer	40986
program, or communication facilities that are connected, or	40987
related, in a computer system or network to an electronic device	40988
of that nature.	40989

(N) "Computer system" means a computer and related devices,	40990
whether connected or unconnected, including, but not limited to,	40991
data input, output, and storage devices, data communications	40992
links, and computer programs and data that make the system capable	40993
of performing specified special purpose data processing tasks.	40994

(O) "Computer network" means a set of related and remotely	40995
connected computers and communication facilities that includes	40996
more than one computer system that has the capability to transmit	40997
among the connected computers and communication facilities through	40998
the use of computer facilities.	40999

(P) "Computer program" means an ordered set of data	41000
representing coded instructions or statements that, when executed	41001
by a computer, cause the computer to process data.	41002

(Q) "Computer software" means computer programs, procedures,	41003
and other documentation associated with the operation of a	41004
computer system.	41005

(R) "Data" means a representation of information, knowledge,	41006
facts, concepts, or instructions that are being or have been	41007
prepared in a formalized manner and that are intended for use in a	41008
computer, computer system, or computer network. For purposes of	41009
section 2913.47 of the Revised Code, "data" has the additional	41010
meaning set forth in division (A) of that section.	41011

(S) "Cable television service" means any services provided by	41012
or through the facilities of any cable television system or other	41013
similar closed circuit coaxial cable communications system, or any	41014
microwave or similar transmission service used in connection with	41015
any cable television system or other similar closed circuit	41016
coaxial cable communications system.	41017

(T) "Gain access" means to approach, instruct, communicate	41018
with, store data in, retrieve data from, or otherwise make use of	41019
any resources of a computer, computer system, or computer network,	41020
or any cable service or cable system both as defined in section	41021
2913.04 of the Revised Code.	41022

(U) "Credit card" includes, but is not limited to, a card,	41023
code, device, or other means of access to a customer's account for	41024
the purpose of obtaining money, property, labor, or services on	41025
credit, or for initiating an electronic fund transfer at a	41026
point-of-sale terminal, an automated teller machine, or a cash	41027
dispensing machine. It also includes a county procurement card	41028
issued under section 301.29 of the Revised Code.	41029

(V) "Electronic fund transfer" has the same meaning as in 92	41030
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	41031

(W) "Rented property" means personal property in which the	41032
right of possession and use of the property is for a short and	41033
possibly indeterminate term in return for consideration; the	41034
rentee generally controls the duration of possession of the	41035
property, within any applicable minimum or maximum term; and the	41036
amount of consideration generally is determined by the duration of	41037
possession of the property.	41038

(X) "Telecommunication" means the origination, emission,	41039
dissemination, transmission, or reception of data, images,	41040
signals, sounds, or other intelligence or equivalence of	41041
intelligence of any nature over any communications system by any	41042
method, including, but not limited to, a fiber optic, electronic,	41043
magnetic, optical, digital, or analog method.	41044

(Y) "Telecommunications device" means any instrument,	41045
equipment, machine, or other device that facilitates	41046
telecommunication, including, but not limited to, a computer,	41047
computer network, computer chip, computer circuit, scanner,	41048
telephone, cellular telephone, pager, personal communications	41049
device, transponder, receiver, radio, modem, or device that	41050
enables the use of a modem.	41051

(Z) "Telecommunications service" means the providing,	41052
allowing, facilitating, or generating of any form of	41053
telecommunication through the use of a telecommunications device	41054
over a telecommunications system.	41055

(AA) "Counterfeit telecommunications device" means a	41056
telecommunications device that, alone or with another	41057
telecommunications device, has been altered, constructed,	41058
manufactured, or programmed to acquire, intercept, receive, or	41059
otherwise facilitate the use of a telecommunications service or	41060
information service without the authority or consent of the	41061
provider of the telecommunications service or information service.	41062
"Counterfeit telecommunications device" includes, but is not	41063
limited to, a clone telephone, clone microchip, tumbler telephone,	41064
or tumbler microchip; a wireless scanning device capable of	41065
acquiring, intercepting, receiving, or otherwise facilitating the	41066
use of telecommunications service or information service without	41067
immediate detection; or a device, equipment, hardware, or software	41068
designed for, or capable of, altering or changing the electronic	41069
serial number in a wireless telephone.	41070

(BB)(1) "Information service" means, subject to division	41071
(BB)(2) of this section, the offering of a capability for	41072
generating, acquiring, storing, transforming, processing,	41073
retrieving, utilizing, or making available information via	41074
telecommunications, including, but not limited to, electronic	41075
publishing.	41076

(2) "Information service" does not include any use of a	41077
capability of a type described in division (BB)(1) of this section	41078
for the management, control, or operation of a telecommunications	41079
system or the management of a telecommunications service.	41080

(CC) "Elderly person" means a person who is sixty-five years	41081
of age or older.	41082

(DD) "Disabled adult" means a person who is eighteen years of	41083
age or older and has some impairment of body or mind that makes	41084
the person unable to work at any substantially remunerative	41085
employment that the person otherwise would be able to perform and	41086
that will, with reasonable probability, continue for a period of	41087
at least twelve months without any present indication of recovery	41088
from the impairment, or who is eighteen years of age or older and	41089
has been certified as permanently and totally disabled by an	41090
agency of this state or the United States that has the function of	41091
so classifying persons.	41092

(EE) "Firearm" and "dangerous ordnance" have the same	41093
meanings as in section 2923.11 of the Revised Code.	41094

(FF) "Motor vehicle" has the same meaning as in section	41095
4501.01 of the Revised Code.	41096

(GG) "Dangerous drug" has the same meaning as in section	41097
4729.01 of the Revised Code.	41098

(HH) "Drug abuse offense" has the same meaning as in section	41099
2925.01 of the Revised Code.	41100

(II)(1) "Computer hacking" means any of the following:

41101

(a) Gaining access or attempting to gain access to all or	41102
part of a computer, computer system, or a computer network without	41103
express or implied authorization with the intent to defraud or	41104
with intent to commit a crime;	41105

(b) Misusing computer or network services including, but not	41106
limited to, mail transfer programs, file transfer programs, proxy	41107
servers, and web servers by performing functions not authorized by	41108
the owner of the computer, computer system, or computer network or	41109
other person authorized to give consent. As used in this division,	41110
"misuse of computer and network services" includes, but is not	41111
limited to, the unauthorized use of any of the following:	41112

(i) Mail transfer programs to send mail to persons other than	41113
the authorized users of that computer or computer network;	41114

(ii) File transfer program proxy services or proxy servers to	41115
access other computers, computer systems, or computer networks;	41116

(iii) Web servers to redirect users to other web pages or web	41117
servers.	41118

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	41119
using a group of computer programs commonly known as "port	41120
scanners" or "probes" to intentionally access any computer,	41121
computer system, or computer network without the permission of the	41122
owner of the computer, computer system, or computer network or	41123
other person authorized to give consent. The group of computer	41124
programs referred to in this division includes, but is not limited	41125
to, those computer programs that use a computer network to access	41126
a computer, computer system, or another computer network to	41127
determine any of the following: the presence or types of computers	41128
or computer systems on a network; the computer network's	41129
facilities and capabilities; the availability of computer or	41130
network services; the presence or versions of computer software	41131
including, but not limited to, operating systems, computer	41132
services, or computer contaminants; the presence of a known	41133
computer software deficiency that can be used to gain unauthorized	41134
access to a computer, computer system, or computer network; or any	41135
other information about a computer, computer system, or computer	41136
network not necessary for the normal and lawful operation of the	41137
computer initiating the access.	41138

(ii) The group of computer programs referred to in division	41139
(II)(1)(c)(i) of this section does not include standard computer	41140
software used for the normal operation, administration,	41141
management, and test of a computer, computer system, or computer	41142
network including, but not limited to, domain name services, mail	41143
transfer services, and other operating system services, computer	41144
programs commonly called "ping," "tcpdump," and "traceroute" and	41145
other network monitoring and management computer software, and	41146
computer programs commonly known as "nslookup" and "whois" and	41147
other systems administration computer software.	41148

(d) The intentional use of a computer, computer system, or a	41149
computer network in a manner that exceeds any right or permission	41150
granted by the owner of the computer, computer system, or computer	41151
network or other person authorized to give consent.	41152

(2) "Computer hacking" does not include the introduction of a	41153
computer contaminant, as defined in section 2909.01 of the Revised	41154
Code, into a computer, computer system, computer program, or	41155
computer network.	41156

(JJ) "Police dog or horse" has the same meaning as in section	41157
2921.321 of the Revised Code.	41158

(KK) "Anhydrous ammonia" is a compound formed by the	41159
combination of two gaseous elements, nitrogen and hydrogen, in the	41160
manner described in this division. Anhydrous ammonia is one part	41161
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	41162
weight is fourteen parts nitrogen to three parts hydrogen, which	41163
is approximately eighty-two per cent nitrogen to eighteen per cent	41164
hydrogen.	41165

(LL) "Assistance dog" has the same meaning as in section	41166
955.011 of the Revised Code.	41167

(MM) "Federally licensed firearms dealer" has the same	41168
meaning as in section 5502.63 of the Revised Code.	41169

Sec. 2913.40. (A) As used in this section:

41170

(1) "Statement or representation" means any oral, written,	41171
electronic, electronic impulse, or magnetic communication that is	41172
used to identify an item of goods or a service for which	41173
reimbursement may be made under the ~~medical assistance~~medicaid	41174
program or that states income and expense and is or may be used to	41175
determine a rate of reimbursement under the ~~medical assistance~~	41176
medicaid program.	41177

(2) ~~"Medical assistance program" means the program~~	41178
~~established by the department of job and family services to~~	41179
~~provide medical assistance under section 5111.01 of the Revised~~	41180
~~Code and the medicaid program of Title XIX of the "Social Security~~	41181
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	41182

~~(3)~~ "Provider" means any person who has signed a provider	41183
agreement with the department of ~~job and family services~~medicaid	41184
to provide goods or services pursuant to the ~~medical assistance~~	41185
medicaid program or any person who has signed an agreement with a	41186
party to such a provider agreement under which the person agrees	41187
to provide goods or services that are reimbursable under the	41188
~~medical assistance~~medicaid program.	41189

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	41190
~~agreement between the department of job and family services and a~~	41191
~~person in which the person agrees to provide goods or services~~	41192
~~under the medical assistance program~~has the same meaning as in	41193
section 5164.01 of the Revised Code.	41194

~~(5)~~(4) "Recipient" means any individual who receives goods or	41195
services from a provider under the ~~medical assistance~~medicaid	41196
program.	41197

~~(6)~~(5) "Records" means any medical, professional, financial,	41198
or business records relating to the treatment or care of any	41199
recipient, to goods or services provided to any recipient, or to	41200
rates paid for goods or services provided to any recipient and any	41201
records that are required by the rules of the medicaid director of	41202
~~job and family services~~ to be kept for the ~~medical assistance~~	41203
medicaid program.	41204

(B) No person shall knowingly make or cause to be made a	41205
false or misleading statement or representation for use in	41206
obtaining reimbursement from the ~~medical assistance~~medicaid	41207
program.	41208

(C) No person, with purpose to commit fraud or knowing that	41209
the person is facilitating a fraud, shall do either of the	41210
following:	41211

(1) Contrary to the terms of the person's provider agreement,	41212
charge, solicit, accept, or receive for goods or services that the	41213
person provides under the ~~medical assistance~~medicaid program any	41214
property, money, or other consideration in addition to the amount	41215
of reimbursement under the ~~medical assistance~~medicaid program and	41216
the person's provider agreement for the goods or services and any	41217
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	41218
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	41219
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	41220
regarding the medicaid program.	41221

(2) Solicit, offer, or receive any remuneration, other than	41222
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	41223
of the Revised Code or rules adopted ~~under section 5111.01,~~	41224
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	41225
regarding the medicaid program, in cash or in kind, including, but	41226
not limited to, a kickback or rebate, in connection with the	41227
furnishing of goods or services for which whole or partial	41228
reimbursement is or may be made under the ~~medical assistance~~	41229
medicaid program.	41230

(D) No person, having submitted a claim for or provided goods	41231
or services under the ~~medical assistance~~medicaid program, shall	41232
do either of the following for a period of at least six years	41233
after a reimbursement pursuant to that claim, or a reimbursement	41234
for those goods or services, is received under the ~~medical~~	41235
~~assistance~~medicaid program:	41236

(1) Knowingly alter, falsify, destroy, conceal, or remove any	41237
records that are necessary to fully disclose the nature of all	41238
goods or services for which the claim was submitted, or for which	41239
reimbursement was received, by the person;	41240

(2) Knowingly alter, falsify, destroy, conceal, or remove any	41241
records that are necessary to disclose fully all income and	41242
expenditures upon which rates of reimbursements were based for the	41243
person.	41244

(E) Whoever violates this section is guilty of medicaid	41245
fraud. Except as otherwise provided in this division, medicaid	41246
fraud is a misdemeanor of the first degree. If the value of	41247
property, services, or funds obtained in violation of this section	41248
is one thousand dollars or more and is less than seven thousand	41249
five hundred dollars, medicaid fraud is a felony of the fifth	41250
degree. If the value of property, services, or funds obtained in	41251
violation of this section is seven thousand five hundred dollars	41252
or more and is less than one hundred fifty thousand dollars,	41253
medicaid fraud is a felony of the fourth degree. If the value of	41254
the property, services, or funds obtained in violation of this	41255
section is one hundred fifty thousand dollars or more, medicaid	41256
fraud is a felony of the third degree.	41257

(F) Upon application of the governmental agency, office, or	41258
other entity that conducted the investigation and prosecution in a	41259
case under this section, the court shall order any person who is	41260
convicted of a violation of this section for receiving any	41261
reimbursement for furnishing goods or services under the ~~medical~~	41262
~~assistance~~medicaid program to which the person is not entitled to	41263
pay to the applicant its cost of investigating and prosecuting the	41264
case. The costs of investigation and prosecution that a defendant	41265
is ordered to pay pursuant to this division shall be in addition	41266
to any other penalties for the receipt of that reimbursement that	41267
are provided in this section, section ~~5111.03~~5164.35 of the	41268
Revised Code, or any other provision of law.	41269

(G) The provisions of this section are not intended to be	41270
exclusive remedies and do not preclude the use of any other	41271
criminal or civil remedy for any act that is in violation of this	41272
section.	41273

Sec. 2913.401. (A) As used in this section:

41274

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	41275
~~medical assistance program established under Chapter 5111.~~has the	41276
same meaning as in section 5164.01 of the Revised Code.	41277

(2) "Property" means any real or personal property or other	41278
asset in which a person has any legal title or interest.	41279

(B) No person shall knowingly do any of the following in an	41280
application for enrollment in the medicaid ~~benefits~~program or in	41281
a document that requires a disclosure of assets for the purpose of	41282
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	41283
program:	41284

(1) Make or cause to be made a false or misleading statement;

41285

(2) Conceal an interest in property;

41286

(3)(a) Except as provided in division (B)(3)(b) of this	41287
section, fail to disclose a transfer of property that occurred	41288
during the period beginning thirty-six months before submission of	41289
the application or document and ending on the date the application	41290
or document was submitted;	41291

(b) Fail to disclose a transfer of property that occurred	41292
during the period beginning sixty months before submission of the	41293
application or document and ending on the date the application or	41294
document was submitted and that was made to an irrevocable trust a	41295
portion of which is not distributable to the applicant for	41296
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	41297
revocable trust.	41298

(C)(1) Whoever violates this section is guilty of medicaid	41299
eligibility fraud. Except as otherwise provided in this division,	41300
a violation of this section is a misdemeanor of the first degree.	41301
If the value of the medicaid ~~benefits~~services paid as a result of	41302
the violation is one thousand dollars or more and is less than	41303
seven thousand five hundred dollars, a violation of this section	41304
is a felony of the fifth degree. If the value of the medicaid	41305
~~benefits~~services paid as a result of the violation is seven	41306
thousand five hundred dollars or more and is less than one hundred	41307
fifty thousand dollars, a violation of this section is a felony of	41308
the fourth degree. If the value of the medicaid ~~benefits~~services	41309
paid as a result of the violation is one hundred fifty thousand	41310
dollars or more, a violation of this section is a felony of the	41311
third degree.	41312

(2) In addition to imposing a sentence under division (C)(1)	41313
of this section, the court shall order that a person who is guilty	41314
of medicaid eligibility fraud make restitution in the full amount	41315
of any medicaid ~~benefits~~services paid on behalf of an applicant	41316
for or recipient of medicaid ~~benefits~~ for which the applicant or	41317
recipient was not eligible, plus interest at the rate applicable	41318
to judgments on unreimbursed amounts from the date on which the	41319
~~benefits~~medicaid services were paid to the date on which	41320
restitution is made.	41321

(3) The remedies and penalties provided in this section are	41322
not exclusive and do not preclude the use of any other criminal or	41323
civil remedy for any act that is in violation of this section.	41324

(D) This section does not apply to a person who fully	41325
disclosed in an application for medicaid ~~benefits~~ or in a document	41326
that requires a disclosure of assets for the purpose of	41327
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	41328
the interests in property of the applicant for or recipient of	41329
medicaid ~~benefits~~, all transfers of property by the applicant for	41330
or recipient of medicaid ~~benefits~~, and the circumstances of all	41331
those transfers.	41332

(E) Any amounts of medicaid ~~benefits~~services recovered as	41333
restitution under this section and any interest on those amounts	41334
shall be credited to the general revenue fund, and any applicable	41335
federal share shall be returned to the appropriate agency or	41336
department of the United States.	41337

Sec. 2915.02. (A) No person shall do any of the following:

41338

(1) Engage in bookmaking, or knowingly engage in conduct that	41339
facilitates bookmaking;	41340

(2) Establish, promote, or operate or knowingly engage in	41341
conduct that facilitates any game of chance conducted for profit	41342
or any scheme of chance;	41343

(3) Knowingly procure, transmit, exchange, or engage in	41344
conduct that facilitates the procurement, transmission, or	41345
exchange of information for use in establishing odds or	41346
determining winners in connection with bookmaking or with any game	41347
of chance conducted for profit or any scheme of chance;	41348

(4) Engage in betting or in playing any scheme or game of	41349
chance as a substantial source of income or livelihood;	41350

(5) Conduct, or participate in the conduct of, a sweepstakes	41351
with the use of a sweepstakes terminal device at a sweepstakes	41352
terminal device facility and either:	41353

(a) Give to another person any item described in division	41354
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code	41355
as a prize for playing or participating in a sweepstakes; or	41356

(b) Give to another person any merchandise prize, or a	41357
redeemable voucher for a merchandise prize, the wholesale value of	41358
which is in excess of ten dollars and which is awarded as a single	41359
entry for playing or participating in a sweepstakes. Redeemable	41360
vouchers shall not be redeemable for a merchandise prize that has	41361
a wholesale value of more than ten dollars.	41362

(6) Conduct, or participate in the conduct of, a sweepstakes	41363
with the use of a sweepstakes terminal device at a sweepstakes	41364
terminal device facility without first obtaining a current annual	41365
"certificate of registration" from the attorney general as	41366
required by division (F) of this section;	41367

(7) With purpose to violate division (A)(1), (2), (3), (4),	41368
(5), or (6) of this section, acquire, possess, control, or operate	41369
any gambling device.	41370

(B) For purposes of division (A)(1) of this section, a person	41371
facilitates bookmaking if the person in any way knowingly aids an	41372
illegal bookmaking operation, including, without limitation,	41373
placing a bet with a person engaged in or facilitating illegal	41374
bookmaking. For purposes of division (A)(2) of this section, a	41375
person facilitates a game of chance conducted for profit or a	41376
scheme of chance if the person in any way knowingly aids in the	41377
conduct or operation of any such game or scheme, including,	41378
without limitation, playing any such game or scheme.	41379

(C) This section does not prohibit conduct in connection with	41380
gambling expressly permitted by law.	41381

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

41382

(1) Games of chance, if all of the following apply:

41383

(a) The games of chance are not craps for money or roulette	41384
for money.	41385

(b) The games of chance are conducted by a charitable	41386
organization that is, and has received from the internal revenue	41387
service a determination letter that is currently in effect,	41388
stating that the organization is, exempt from federal income	41389
taxation under subsection 501(a) and described in subsection	41390
501(c)(3) of the Internal Revenue Code.	41391

(c) The games of chance are conducted at festivals of the	41392
charitable organization that are conducted not more than a total	41393
of five days a calendar year, and are conducted on premises owned	41394
by the charitable organization for a period of no less than one	41395
year immediately preceding the conducting of the games of chance,	41396
on premises leased from a governmental unit, or on premises that	41397
are leased from a veteran's or fraternal organization and that	41398
have been owned by the lessor veteran's or fraternal organization	41399
for a period of no less than one year immediately preceding the	41400
conducting of the games of chance.	41401

A charitable organization shall not lease premises from a	41402
veteran's or fraternal organization to conduct a festival	41403
described in division (D)(1)(c) of this section if the veteran's	41404
or fraternal organization already has leased the premises twelve	41405
times during the preceding year to charitable organizations for	41406
that purpose. If a charitable organization leases premises from a	41407
veteran's or fraternal organization to conduct a festival	41408
described in division (D)(1)(c) of this section, the charitable	41409
organization shall not pay a rental rate for the premises per day	41410
of the festival that exceeds the rental rate per bingo session	41411
that a charitable organization may pay under division (B)(1) of	41412
section 2915.09 of the Revised Code when it leases premises from	41413
another charitable organization to conduct bingo games.	41414

(d) All of the money or assets received from the games of	41415
chance after deduction only of prizes paid out during the conduct	41416
of the games of chance are used by, or given, donated, or	41417
otherwise transferred to, any organization that is described in	41418
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	41419
Revenue Code and is either a governmental unit or an organization	41420
that is tax exempt under subsection 501(a) and described in	41421
subsection 501(c)(3) of the Internal Revenue Code;	41422

(e) The games of chance are not conducted during, or within	41423
ten hours of, a bingo game conducted for amusement purposes only	41424
pursuant to section 2915.12 of the Revised Code.	41425

No person shall receive any commission, wage, salary, reward,	41426
tip, donation, gratuity, or other form of compensation, directly	41427
or indirectly, for operating or assisting in the operation of any	41428
game of chance.	41429

(2) Any tag fishing tournament operated under a permit issued	41430
under section 1533.92 of the Revised Code, as "tag fishing	41431
tournament" is defined in section 1531.01 of the Revised Code;	41432

(3) Bingo conducted by a charitable organization that holds a	41433
license issued under section 2915.08 of the Revised Code.	41434

(E) Division (D) of this section shall not be construed to	41435
authorize the sale, lease, or other temporary or permanent	41436
transfer of the right to conduct games of chance, as granted by	41437
that division, by any charitable organization that is granted that	41438
right.	41439

(F) Any person desiring to conduct, or participate in the	41440
conduct of, a sweepstakes with the use of a sweepstakes terminal	41441
device at a sweepstakes terminal device facility shall first	41442
register with the office of the attorney general and obtain an	41443
annual certificate of registration by providing a filing fee of	41444
two hundred dollars and all information as required by rule	41445
adopted under division (H) of this section. Not later than the	41446
tenth day of each month, each sweepstakes terminal device operator	41447
shall file a sweepstakes terminal device monthly report with the	41448
attorney general and provide a filing fee of fifty dollars and all	41449
information required by rule adopted under division (H) of this	41450
section. All information provided to the attorney general under	41451
this division shall be available to law enforcement upon request.	41452

(G) A person may apply to the attorney general, on a form	41453
prescribed by the attorney general, for a certificate of	41454
compliance that the person is not operating a sweepstakes terminal	41455
device facility. The form shall require the person to include the	41456
address of the business location where sweepstakes terminal	41457
devices will be used and to make the following certifications:	41458

(1) That the person will not use more than two sweepstakes	41459
terminal devices at the business location;	41460

(2) That the retail value of sweepstakes prizes to be awarded	41461
at the business location using sweepstakes terminal devices during	41462
a reporting period will be less than three per cent of the gross	41463
revenue received at the business location during the reporting	41464
period;	41465

(3) That no other form of gaming except lottery ticket sales	41466
as authorized under Chapter 3770. of the Revised Code will be	41467
conducted at the business location or in an adjoining area of the	41468
business location;	41469

(4) That any sweepstakes terminal device at the business	41470
location will not allow any deposit of any money, coin, or token,	41471
or the use of any credit card, debit card, prepaid card, or any	41472
other method of similar payment to be used, directly or	41473
indirectly, to participate in a sweepstakes;	41474

(5) That notification of any prize will not take place on the	41475
same day as a participant's sweepstakes entry; and	41476

(6) That the person consents to provide any other information	41477
to the attorney general as required by rule adopted under division	41478
(H) of this section.	41479

The filing fee for a certificate of compliance is two hundred	41480
fifty dollars. The attorney general may charge up to an additional	41481
two hundred fifty dollars for reasonable expenses resulting from	41482
any investigation related to an application for a certificate of	41483
compliance.	41484

A certificate of compliance is effective for one year. The	41485
certificate holder may reapply for a certificate of compliance. A	41486
person issued a certificate of compliance shall file semiannual	41487
reports with the attorney general stating the number of	41488
sweepstakes terminal devices at the business location and that the	41489
retail value of prizes awarded at the business location using	41490
sweepstakes terminal devices is less than three per cent of the	41491
gross revenue received at the business location.	41492

(H) The attorney general shall adopt rules setting forth:

41493

(1) The required information to be submitted by persons	41494
conducting a sweepstakes with the use of a sweepstakes terminal	41495
device at a sweepstakes terminal device facility as described in	41496
division (F) of this section; ~~and~~	41497

(2) The requirements pertaining to a certificate of	41498
compliance under division (G) of this section, which shall provide	41499
for a person to file a consolidated application and a consolidated	41500
semiannual report if a person has more than one business location;	41501
and	41502

(3) The standards and requirements for security and	41503
surveillance equipment, in consultation with the Ohio casino	41504
control commission, that may require a person with a certificate	41505
of registration to install security and surveillance equipment	41506
where any chips, tokens, tickets, electronic cards, or similar	41507
objects may be redeemed for cash, whether by an employee or by	41508
electronic means, that shall capture, for law enforcement	41509
purposes, facial feature pattern characteristics, including a	41510
computerized facial image, and that shall require such records to	41511
be retained for at least five years. The attorney general may	41512
secure, by agreement, information and services as the attorney	41513
general considers necessary from any state agency or other unit of	41514
state government. All costs related to the installation of	41515
security and surveillance equipment shall be the responsibility of	41516
the person with the certificate of registration.	41517

The attorney general shall issue a certificate of	41518
registration or a certificate of compliance to all persons who	41519
have successfully satisfied the applicable requirements of this	41520
section. The attorney general shall post online a registry of all	41521
properly registered and certified sweepstakes terminal device	41522
operators.	41523

(I) The attorney general may refuse to issue an annual	41524
certificate of registration or certificate of compliance to any	41525
person or, if one has been issued, the attorney general may revoke	41526
a certificate of registration or a certificate of compliance if	41527
the applicant has provided any information to the attorney general	41528
as part of a registration, certification, monthly report,	41529
semiannual report, or any other information that is materially	41530
false or misleading, or if the applicant or any officer, partner,	41531
or owner of five per cent or more interest in the applicant has	41532
violated any provision of this chapter.	41533

(J) The attorney general may take any necessary and	41534
reasonable action to determine a violation of this chapter,	41535
including requesting documents and information, performing	41536
inspections of premises, or requiring the attendance of any person	41537
at an examination under oath.	41538

(K) Whoever violates this section is guilty of gambling, a	41539
misdemeanor of the first degree. If the offender previously has	41540
been convicted of any gambling offense, gambling is a felony of	41541
the fifth degree. Notwithstanding this division, failing to file a	41542
sweepstakes terminal device monthly report as required by division	41543
(F) of this section or the semiannual report required by division	41544
(G) of this section is a misdemeanor of the first degree.	41545

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	41546
violation of section 2919.27 of the Revised Code or of a municipal	41547
ordinance that is substantially similar to that section, the court	41548
may order an evaluation of the mental condition of the defendant	41549
if the court determines that either of the following criteria	41550
apply:	41551

(i) If the alleged violation is a violation of a protection	41552
order issued or consent agreement approved pursuant to section	41553
2919.26 or 3113.31 of the Revised Code, that the violation	41554
allegedly involves conduct by the defendant that caused physical	41555
harm to the person or property of a family or household member	41556
covered by the order or agreement, or conduct by the defendant	41557
that caused a family or household member to believe that the	41558
defendant would cause physical harm to that member or that	41559
member's property.	41560

(ii) If the alleged violation is a violation of a protection	41561
order issued pursuant to section 2903.213 or 2903.214 of the	41562
Revised Code or a protection order issued by a court of another	41563
state, that the violation allegedly involves conduct by the	41564
defendant that caused physical harm to the person or property of	41565
the person covered by the order, or conduct by the defendant that	41566
caused the person covered by the order to believe that the	41567
defendant would cause physical harm to that person or that	41568
person's property.	41569

(b) If a defendant is charged with a violation of section	41570
2903.211 of the Revised Code or of a municipal ordinance that is	41571
substantially similar to that section, the court may order an	41572
evaluation of the mental condition of the defendant.	41573

(2) An evaluation ordered under division (A)(1) of this	41574
section shall be completed no later than thirty days from the date	41575
the order is entered pursuant to that division. In that order, the	41576
court shall do either of the following:	41577

(a) Order that the evaluation of the mental condition of the	41578
defendant be preceded by an examination conducted either by a	41579
forensic center that is designated by the department of ~~mental~~	41580
~~health~~mental health and addiction services to conduct	41581
examinations and make evaluations of defendants charged with	41582
violations of section 2903.211 or 2919.27 of the Revised Code or	41583
of substantially similar municipal ordinances in the area in which	41584
the court is located, or by any other program or facility that is	41585
designated by the department of ~~mental health~~mental health and	41586
addiction services or the department of developmental disabilities	41587
to conduct examinations and make evaluations of defendants charged	41588
with violations of section 2903.211 or 2919.27 of the Revised Code	41589
or of substantially similar municipal ordinances, and that is	41590
operated by either department or is certified by either department	41591
as being in compliance with the standards established under	41592
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	41593
or division (C) of section 5123.04 of the Revised Code.	41594

(b) Designate a center, program, or facility other than one	41595
designated by the department of ~~mental health~~mental health and	41596
addiction services or the department of developmental	41597
disabilities, as described in division (A)(2)(a) of this section,	41598
to conduct the evaluation and preceding examination of the mental	41599
condition of the defendant.	41600

Whether the court acts pursuant to division (A)(2)(a) or (b)	41601
of this section, the court may designate examiners other than the	41602
personnel of the center, program, facility, or department involved	41603
to make the evaluation and preceding examination of the mental	41604
condition of the defendant.	41605

(B) If the court considers that additional evaluations of the	41606
mental condition of a defendant are necessary following the	41607
evaluation authorized by division (A) of this section, the court	41608
may order up to two additional similar evaluations. These	41609
evaluations shall be completed no later than thirty days from the	41610
date the applicable court order is entered. If more than one	41611
evaluation of the mental condition of the defendant is ordered	41612
under this division, the prosecutor and the defendant may	41613
recommend to the court an examiner whom each prefers to perform	41614
one of the evaluations and preceding examinations.	41615

(C)(1) The court may order a defendant who has been released	41616
on bail to submit to an examination under division (A) or (B) of	41617
this section. The examination shall be conducted either at the	41618
detention facility in which the defendant would have been confined	41619
if the defendant had not been released on bail, or, if so	41620
specified by the center, program, facility, or examiners involved,	41621
at the premises of the center, program, or facility. Additionally,	41622
the examination shall be conducted at the times established by the	41623
examiners involved. If such a defendant refuses to submit to an	41624
examination or a complete examination as required by the court or	41625
the center, program, facility, or examiners involved, the court	41626
may amend the conditions of the bail of the defendant and order	41627
the sheriff to take the defendant into custody and deliver the	41628
defendant to the detention facility in which the defendant would	41629
have been confined if the defendant had not been released on bail,	41630
or, if so specified by the center, program, facility, or examiners	41631
involved, to the premises of the center, program, or facility, for	41632
purposes of the examination.	41633

(2) A defendant who has not been released on bail shall be	41634
examined at the detention facility in which the defendant is	41635
confined or, if so specified by the center, program, facility, or	41636
examiners involved, at the premises of the center, program, or	41637
facility.	41638

(D) The examiner of the mental condition of a defendant under	41639
division (A) or (B) of this section shall file a written report	41640
with the court within thirty days after the entry of an order for	41641
the evaluation of the mental condition of the defendant. The	41642
report shall contain the findings of the examiner; the facts in	41643
reasonable detail on which the findings are based; the opinion of	41644
the examiner as to the mental condition of the defendant; the	41645
opinion of the examiner as to whether the defendant represents a	41646
substantial risk of physical harm to other persons as manifested	41647
by evidence of recent homicidal or other violent behavior,	41648
evidence of recent threats that placed other persons in reasonable	41649
fear of violent behavior and serious physical harm, or evidence of	41650
present dangerousness; and the opinion of the examiner as to the	41651
types of treatment or counseling that the defendant needs. The	41652
court shall provide copies of the report to the prosecutor and	41653
defense counsel.	41654

(E) The costs of any evaluation and preceding examination of	41655
a defendant that is ordered pursuant to division (A) or (B) of	41656
this section shall be taxed as court costs in the criminal case.	41657

(F) If the examiner considers it necessary in order to make	41658
an accurate evaluation of the mental condition of a defendant, an	41659
examiner under division (A) or (B) of this section may request any	41660
family or household member of the defendant to provide the	41661
examiner with information. A family or household member may, but	41662
is not required to, provide information to the examiner upon	41663
receipt of the request.	41664

(G) As used in this section:

41665

(1) "Bail" includes a recognizance.

41666

(2) "Examiner" means a psychiatrist, a licensed independent	41667
social worker who is employed by a forensic center that is	41668
certified as being in compliance with the standards established	41669
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	41670
(C) of section 5123.04 of the Revised Code, a licensed	41671
professional clinical counselor who is employed at a forensic	41672
center that is certified as being in compliance with such	41673
standards, or a licensed clinical psychologist, except that in	41674
order to be an examiner, a licensed clinical psychologist shall	41675
meet the criteria of division (I)(1) of section 5122.01 of the	41676
Revised Code or be employed to conduct examinations by the	41677
department of ~~mental health~~mental health and addiction services	41678
or by a forensic center certified as being in compliance with the	41679
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	41680
5119.10 or division (C) of section 5123.04 of the Revised Code	41681
that is designated by the department of ~~mental health~~mental	41682
health and addiction services.	41683

(3) "Family or household member" has the same meaning as in	41684
section 2919.25 of the Revised Code.	41685

(4) "Prosecutor" has the same meaning as in section 2935.01	41686
of the Revised Code.	41687

(5) "Psychiatrist" and "licensed clinical psychologist" have	41688
the same meanings as in section 5122.01 of the Revised Code.	41689

(6) "Protection order issued by a court of another state" has	41690
the same meaning as in section 2919.27 of the Revised Code.	41691

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	41692
Revised Code:	41693

(A) "Public official" means any elected or appointed officer,	41694
or employee, or agent of the state or any political subdivision,	41695
whether in a temporary or permanent capacity, and includes, but is	41696
not limited to, legislators, judges, and law enforcement officers.	41697
"Public official" does not include an employee, officer, or	41698
governor-appointed member of the board of directors of the	41699
nonprofit corporation formed under section 187.01 of the Revised	41700
Code.	41701

(B) "Public servant" means any of the following:

41702

(1) Any public official;

41703

(2) Any person performing ad hoc a governmental function,	41704
including, but not limited to, a juror, member of a temporary	41705
commission, master, arbitrator, advisor, or consultant;	41706

(3) A person who is a candidate for public office, whether or	41707
not the person is elected or appointed to the office for which the	41708
person is a candidate. A person is a candidate for purposes of	41709
this division if the person has been nominated according to law	41710
for election or appointment to public office, or if the person has	41711
filed a petition or petitions as required by law to have the	41712
person's name placed on the ballot in a primary, general, or	41713
special election, or if the person campaigns as a write-in	41714
candidate in any primary, general, or special election.	41715

"Public servant" does not include an employee, officer, or	41716
governor-appointed member of the board of directors of the	41717
nonprofit corporation formed under section 187.01 of the Revised	41718
Code.	41719

(C) "Party official" means any person who holds an elective	41720
or appointive post in a political party in the United States or	41721
this state, by virtue of which the person directs, conducts, or	41722
participates in directing or conducting party affairs at any level	41723
of responsibility.	41724

(D) "Official proceeding" means any proceeding before a	41725
legislative, judicial, administrative, or other governmental	41726
agency or official authorized to take evidence under oath, and	41727
includes any proceeding before a referee, hearing examiner,	41728
commissioner, notary, or other person taking testimony or a	41729
deposition in connection with an official proceeding.	41730

(E) "Detention" means arrest; confinement in any vehicle	41731
subsequent to an arrest; confinement in any public or private	41732
facility for custody of persons charged with or convicted of crime	41733
in this state or another state or under the laws of the United	41734
States or alleged or found to be a delinquent child or unruly	41735
child in this state or another state or under the laws of the	41736
United States; hospitalization, institutionalization, or	41737
confinement in any public or private facility that is ordered	41738
pursuant to or under the authority of section 2945.37, 2945.371,	41739
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	41740
Code; confinement in any vehicle for transportation to or from any	41741
facility of any of those natures; detention for extradition or	41742
deportation; except as provided in this division, supervision by	41743
any employee of any facility of any of those natures that is	41744
incidental to hospitalization, institutionalization, or	41745
confinement in the facility but that occurs outside the facility;	41746
supervision by an employee of the department of rehabilitation and	41747
correction of a person on any type of release from a state	41748
correctional institution; or confinement in any vehicle, airplane,	41749
or place while being returned from outside of this state into this	41750
state by a private person or entity pursuant to a contract entered	41751
into under division (E) of section 311.29 of the Revised Code or	41752
division (B) of section 5149.03 of the Revised Code. For a person	41753
confined in a county jail who participates in a county jail	41754
industry program pursuant to section 5147.30 of the Revised Code,	41755
"detention" includes time spent at an assigned work site and going	41756
to and from the work site.	41757

(F) "Detention facility" means any public or private place	41758
used for the confinement of a person charged with or convicted of	41759
any crime in this state or another state or under the laws of the	41760
United States or alleged or found to be a delinquent child or	41761
unruly child in this state or another state or under the laws of	41762
the United States.	41763

(G) "Valuable thing or valuable benefit" includes, but is not	41764
limited to, a contribution. This inclusion does not indicate or	41765
imply that a contribution was not included in those terms before	41766
September 17, 1986.	41767

(H) "Campaign committee," "contribution," "political action	41768
committee," "legislative campaign fund," "political party," and	41769
"political contributing entity" have the same meanings as in	41770
section 3517.01 of the Revised Code.	41771

(I) "Provider agreement" ~~and "medical assistance program"~~	41772
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	41773
of the Revised Code.	41774

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	41775
of this section, no person, knowing that a felony has been or is	41776
being committed, shall knowingly fail to report such information	41777
to law enforcement authorities.	41778

(2) No person, knowing that a violation of division (B) of	41779
section 2913.04 of the Revised Code has been, or is being	41780
committed or that the person has received information derived from	41781
such a violation, shall knowingly fail to report the violation to	41782
law enforcement authorities.	41783

(B) Except for conditions that are within the scope of	41784
division (E) of this section, no physician, limited practitioner,	41785
nurse, or other person giving aid to a sick or injured person	41786
shall negligently fail to report to law enforcement authorities	41787
any gunshot or stab wound treated or observed by the physician,	41788
limited practitioner, nurse, or person, or any serious physical	41789
harm to persons that the physician, limited practitioner, nurse,	41790
or person knows or has reasonable cause to believe resulted from	41791
an offense of violence.	41792

(C) No person who discovers the body or acquires the first	41793
knowledge of the death of a person shall fail to report the death	41794
immediately to a physician whom the person knows to be treating	41795
the deceased for a condition from which death at such time would	41796
not be unexpected, or to a law enforcement officer, an ambulance	41797
service, an emergency squad, or the coroner in a political	41798
subdivision in which the body is discovered, the death is believed	41799
to have occurred, or knowledge concerning the death is obtained.	41800

(D) No person shall fail to provide upon request of the	41801
person to whom a report required by division (C) of this section	41802
was made, or to any law enforcement officer who has reasonable	41803
cause to assert the authority to investigate the circumstances	41804
surrounding the death, any facts within the person's knowledge	41805
that may have a bearing on the investigation of the death.	41806

(E)(1) As used in this division, "burn injury" means any of	41807
the following:	41808

(a) Second or third degree burns;

41809

(b) Any burns to the upper respiratory tract or laryngeal	41810
edema due to the inhalation of superheated air;	41811

41812

(d) Any physical harm to persons caused by or as the result	41813
of the use of fireworks, novelties and trick noisemakers, and wire	41814
sparklers, as each is defined by section 3743.01 of the Revised	41815
Code.	41816

(2) No physician, nurse, or limited practitioner who, outside	41817
a hospital, sanitarium, or other medical facility, attends or	41818
treats a person who has sustained a burn injury that is inflicted	41819
by an explosion or other incendiary device or that shows evidence	41820
of having been inflicted in a violent, malicious, or criminal	41821
manner shall fail to report the burn injury immediately to the	41822
local arson, or fire and explosion investigation, bureau, if there	41823
is a bureau of this type in the jurisdiction in which the person	41824
is attended or treated, or otherwise to local law enforcement	41825
authorities.	41826

(3) No manager, superintendent, or other person in charge of	41827
a hospital, sanitarium, or other medical facility in which a	41828
person is attended or treated for any burn injury that is	41829
inflicted by an explosion or other incendiary device or that shows	41830
evidence of having been inflicted in a violent, malicious, or	41831
criminal manner shall fail to report the burn injury immediately	41832
to the local arson, or fire and explosion investigation, bureau,	41833
if there is a bureau of this type in the jurisdiction in which the	41834
person is attended or treated, or otherwise to local law	41835
enforcement authorities.	41836

(4) No person who is required to report any burn injury under	41837
division (E)(2) or (3) of this section shall fail to file, within	41838
three working days after attending or treating the victim, a	41839
written report of the burn injury with the office of the state	41840
fire marshal. The report shall comply with the uniform standard	41841
developed by the state fire marshal pursuant to division (A)(15)	41842
of section 3737.22 of the Revised Code.	41843

(5) Anyone participating in the making of reports under	41844
division (E) of this section or anyone participating in a judicial	41845
proceeding resulting from the reports is immune from any civil or	41846
criminal liability that otherwise might be incurred or imposed as	41847
a result of such actions. Notwithstanding section 4731.22 of the	41848
Revised Code, the physician-patient relationship is not a ground	41849
for excluding evidence regarding a person's burn injury or the	41850
cause of the burn injury in any judicial proceeding resulting from	41851
a report submitted under division (E) of this section.	41852

(F)(1) Any doctor of medicine or osteopathic medicine,	41853
hospital intern or resident, registered or licensed practical	41854
nurse, psychologist, social worker, independent social worker,	41855
social work assistant, professional clinical counselor, or	41856
professional counselor who knows or has reasonable cause to	41857
believe that a patient or client has been the victim of domestic	41858
violence, as defined in section 3113.31 of the Revised Code, shall	41859
note that knowledge or belief and the basis for it in the	41860
patient's or client's records.	41861

(2) Notwithstanding section 4731.22 of the Revised Code, the	41862
doctor-patient privilege shall not be a ground for excluding any	41863
information regarding the report containing the knowledge or	41864
belief noted under division (F)(1) of this section, and the	41865
information may be admitted as evidence in accordance with the	41866
Rules of Evidence.	41867

(G) Divisions (A) and (D) of this section do not require	41868
disclosure of information, when any of the following applies:	41869

(1) The information is privileged by reason of the	41870
relationship between attorney and client; doctor and patient;	41871
licensed psychologist or licensed school psychologist and client;	41872
member of the clergy, rabbi, minister, or priest and any person	41873
communicating information confidentially to the member of the	41874
clergy, rabbi, minister, or priest for a religious counseling	41875
purpose of a professional character; husband and wife; or a	41876
communications assistant and those who are a party to a	41877
telecommunications relay service call.	41878

(2) The information would tend to incriminate a member of the	41879
actor's immediate family.	41880

(3) Disclosure of the information would amount to revealing a	41881
news source, privileged under section 2739.04 or 2739.12 of the	41882
Revised Code.	41883

(4) Disclosure of the information would amount to disclosure	41884
by a member of the ordained clergy of an organized religious body	41885
of a confidential communication made to that member of the clergy	41886
in that member's capacity as a member of the clergy by a person	41887
seeking the aid or counsel of that member of the clergy.	41888

(5) Disclosure would amount to revealing information acquired	41889
by the actor in the course of the actor's duties in connection	41890
with a bona fide program of treatment or services for drug	41891
dependent persons or persons in danger of drug dependence, which	41892
program is maintained or conducted by a hospital, clinic, person,	41893
agency, or ~~organization~~services provider certified pursuant to	41894
section ~~3793.06~~5119.36 of the Revised Code.	41895

(6) Disclosure would amount to revealing information acquired	41896
by the actor in the course of the actor's duties in connection	41897
with a bona fide program for providing counseling services to	41898
victims of crimes that are violations of section 2907.02 or	41899
2907.05 of the Revised Code or to victims of felonious sexual	41900
penetration in violation of former section 2907.12 of the Revised	41901
Code. As used in this division, "counseling services" include	41902
services provided in an informal setting by a person who, by	41903
education or experience, is competent to provide those services.	41904

(H) No disclosure of information pursuant to this section	41905
gives rise to any liability or recrimination for a breach of	41906
privilege or confidence.	41907

(I) Whoever violates division (A) or (B) of this section is	41908
guilty of failure to report a crime. Violation of division (A)(1)	41909
of this section is a misdemeanor of the fourth degree. Violation	41910
of division (A)(2) or (B) of this section is a misdemeanor of the	41911
second degree.	41912

(J) Whoever violates division (C) or (D) of this section is	41913
guilty of failure to report knowledge of a death, a misdemeanor of	41914
the fourth degree.	41915

(K)(1) Whoever negligently violates division (E) of this	41916
section is guilty of a minor misdemeanor.	41917

(2) Whoever knowingly violates division (E) of this section	41918
is guilty of a misdemeanor of the second degree.	41919

Sec. 2921.36. (A) No person shall knowingly convey, or	41920
attempt to convey, onto the grounds of a detention facility or of	41921
an institution, office building, or other place that is under the	41922
control of the department of ~~mental health~~mental health and	41923
addiction services, the department of developmental disabilities,	41924
the department of youth services, or the department of	41925
rehabilitation and correction any of the following items:	41926

(1) Any deadly weapon or dangerous ordnance, as defined in	41927
section 2923.11 of the Revised Code, or any part of or ammunition	41928
for use in such a deadly weapon or dangerous ordnance;	41929

(2) Any drug of abuse, as defined in section 3719.011 of the	41930
Revised Code;	41931

(3) Any intoxicating liquor, as defined in section 4301.01 of	41932
the Revised Code.	41933

(B) Division (A) of this section does not apply to any person	41934
who conveys or attempts to convey an item onto the grounds of a	41935
detention facility or of an institution, office building, or other	41936
place under the control of the department of ~~mental health~~mental	41937
health and addiction services, the department of developmental	41938
disabilities, the department of youth services, or the department	41939
of rehabilitation and correction pursuant to the written	41940
authorization of the person in charge of the detention facility or	41941
the institution, office building, or other place and in accordance	41942
with the written rules of the detention facility or the	41943
institution, office building, or other place.	41944

(C) No person shall knowingly deliver, or attempt to deliver,	41945
to any person who is confined in a detention facility, to a child	41946
confined in a youth services facility, to a prisoner who is	41947
temporarily released from confinement for a work assignment, or to	41948
any patient in an institution under the control of the department	41949
of ~~mental health~~mental health and addiction services or the	41950
department of developmental disabilities any item listed in	41951
division (A)(1), (2), or (3) of this section.	41952

(D) No person shall knowingly deliver, or attempt to deliver,	41953
cash to any person who is confined in a detention facility, to a	41954
child confined in a youth services facility, or to a prisoner who	41955
is temporarily released from confinement for a work assignment.	41956

(E) No person shall knowingly deliver, or attempt to deliver,	41957
to any person who is confined in a detention facility, to a child	41958
confined in a youth services facility, or to a prisoner who is	41959
temporarily released from confinement for a work assignment a	41960
cellular telephone, two-way radio, or other electronic	41961
communications device.	41962

(F)(1) It is an affirmative defense to a charge under	41963
division (A)(1) of this section that the weapon or dangerous	41964
ordnance in question was being transported in a motor vehicle for	41965
any lawful purpose, that it was not on the actor's person, and, if	41966
the weapon or dangerous ordnance in question was a firearm, that	41967
it was unloaded and was being carried in a closed package, box, or	41968
case or in a compartment that can be reached only by leaving the	41969
vehicle.	41970

(2) It is an affirmative defense to a charge under division	41971
(C) of this section that the actor was not otherwise prohibited by	41972
law from delivering the item to the confined person, the child,	41973
the prisoner, or the patient and that either of the following	41974
applies:	41975

(a) The actor was permitted by the written rules of the	41976
detention facility or the institution, office building, or other	41977
place to deliver the item to the confined person or the patient.	41978

(b) The actor was given written authorization by the person	41979
in charge of the detention facility or the institution, office	41980
building, or other place to deliver the item to the confined	41981
person or the patient.	41982

(G)(1) Whoever violates division (A)(1) of this section or	41983
commits a violation of division (C) of this section involving an	41984
item listed in division (A)(1) of this section is guilty of	41985
illegal conveyance of weapons onto the grounds of a specified	41986
governmental facility, a felony of the third degree. If the	41987
offender is an officer or employee of the department of	41988
rehabilitation and correction, the court shall impose a mandatory	41989
prison term.	41990

(2) Whoever violates division (A)(2) of this section or	41991
commits a violation of division (C) of this section involving any	41992
drug of abuse is guilty of illegal conveyance of drugs of abuse	41993
onto the grounds of a specified governmental facility, a felony of	41994
the third degree. If the offender is an officer or employee of the	41995
department of rehabilitation and correction or of the department	41996
of youth services, the court shall impose a mandatory prison term.	41997

(3) Whoever violates division (A)(3) of this section or	41998
commits a violation of division (C) of this section involving any	41999
intoxicating liquor is guilty of illegal conveyance of	42000
intoxicating liquor onto the grounds of a specified governmental	42001
facility, a misdemeanor of the second degree.	42002

(4) Whoever violates division (D) of this section is guilty	42003
of illegal conveyance of cash onto the grounds of a detention	42004
facility, a misdemeanor of the first degree. If the offender	42005
previously has been convicted of or pleaded guilty to a violation	42006
of division (D) of this section, illegal conveyance of cash onto	42007
the grounds of a detention facility is a felony of the fifth	42008
degree.	42009

(5) Whoever violates division (E) of this section is guilty	42010
of illegal conveyance of a communications device onto the grounds	42011
of a specified governmental facility, a misdemeanor of the first	42012
degree, or if the offender previously has been convicted of or	42013
pleaded guilty to a violation of division (E) of this section, a	42014
felony of the fifth degree.	42015

Sec. 2921.38. (A) No person who is confined in a detention	42016
facility, with intent to harass, annoy, threaten, or alarm another	42017
person, shall cause or attempt to cause the other person to come	42018
into contact with blood, semen, urine, feces, or another bodily	42019
substance by throwing the bodily substance at the other person, by	42020
expelling the bodily substance upon the other person, or in any	42021
other manner.	42022

(B) No person, with intent to harass, annoy, threaten, or	42023
alarm a law enforcement officer, shall cause or attempt to cause	42024
the law enforcement officer to come into contact with blood,	42025
semen, urine, feces, or another bodily substance by throwing the	42026
bodily substance at the law enforcement officer, by expelling the	42027
bodily substance upon the law enforcement officer, or in any other	42028
manner.	42029

(C) No person, with knowledge that the person is a carrier of	42030
the virus that causes acquired immunodeficiency syndrome, is a	42031
carrier of a hepatitis virus, or is infected with tuberculosis and	42032
with intent to harass, annoy, threaten, or alarm another person,	42033
shall cause or attempt to cause the other person to come into	42034
contact with blood, semen, urine, feces, or another bodily	42035
substance by throwing the bodily substance at the other person, by	42036
expelling the bodily substance upon the other person, or in any	42037
other manner.	42038

(D) Whoever violates this section is guilty of harassment	42039
with a bodily substance. A violation of division (A) or (B) of	42040
this section is a felony of the fifth degree. A violation of	42041
division (C) of this section is a felony of the third degree.	42042

(E)(1) The court, on request of the prosecutor, or the law	42043
enforcement authority responsible for the investigation of the	42044
violation, shall cause a person who allegedly has committed a	42045
violation of this section to submit to one or more appropriate	42046
tests to determine if the person is a carrier of the virus that	42047
causes acquired immunodeficiency syndrome, is a carrier of a	42048
hepatitis virus, or is infected with tuberculosis.	42049

(2) The court shall charge the offender with the costs of the	42050
test or tests ordered under division (E)(1) of this section unless	42051
the court determines that the accused is unable to pay, in which	42052
case the costs shall be charged to the entity that operates the	42053
detention facility in which the alleged offense occurred.	42054

(F) This section does not apply to a person who is	42055
hospitalized, institutionalized, or confined in a facility	42056
operated by the department of ~~mental health~~mental health and	42057
addiction services or the department of developmental	42058
disabilities.	42059

Sec. 2923.126. (A) A concealed handgun license that is	42060
issued under section 2923.125 of the Revised Code shall expire	42061
five years after the date of issuance. A licensee who has been	42062
issued a license under that section shall be granted a grace	42063
period of thirty days after the licensee's license expires during	42064
which the licensee's license remains valid. Except as provided in	42065
divisions (B) and (C) of this section, a licensee who has been	42066
issued a concealed handgun license under section 2923.125 or	42067
2923.1213 of the Revised Code may carry a concealed handgun	42068
anywhere in this state if the licensee also carries a valid	42069
license and valid identification when the licensee is in actual	42070
possession of a concealed handgun. The licensee shall give notice	42071
of any change in the licensee's residence address to the sheriff	42072
who issued the license within forty-five days after that change.	42073

If a licensee is the driver or an occupant of a motor vehicle	42074
that is stopped as the result of a traffic stop or a stop for	42075
another law enforcement purpose and if the licensee is	42076
transporting or has a loaded handgun in the motor vehicle at that	42077
time, the licensee shall promptly inform any law enforcement	42078
officer who approaches the vehicle while stopped that the licensee	42079
has been issued a concealed handgun license and that the licensee	42080
currently possesses or has a loaded handgun; the licensee shall	42081
not knowingly disregard or fail to comply with lawful orders of a	42082
law enforcement officer given while the motor vehicle is stopped,	42083
knowingly fail to remain in the motor vehicle while stopped, or	42084
knowingly fail to keep the licensee's hands in plain sight after	42085
any law enforcement officer begins approaching the licensee while	42086
stopped and before the officer leaves, unless directed otherwise	42087
by a law enforcement officer; and the licensee shall not knowingly	42088
have contact with the loaded handgun by touching it with the	42089
licensee's hands or fingers, in any manner in violation of	42090
division (E) of section 2923.16 of the Revised Code, after any law	42091
enforcement officer begins approaching the licensee while stopped	42092
and before the officer leaves. Additionally, if a licensee is the	42093
driver or an occupant of a commercial motor vehicle that is	42094
stopped by an employee of the motor carrier enforcement unit for	42095
the purposes defined in section 5503.04 of the Revised Code and if	42096
the licensee is transporting or has a loaded handgun in the	42097
commercial motor vehicle at that time, the licensee shall promptly	42098
inform the employee of the unit who approaches the vehicle while	42099
stopped that the licensee has been issued a concealed handgun	42100
license and that the licensee currently possesses or has a loaded	42101
handgun.	42102

If a licensee is stopped for a law enforcement purpose and if	42103
the licensee is carrying a concealed handgun at the time the	42104
officer approaches, the licensee shall promptly inform any law	42105
enforcement officer who approaches the licensee while stopped that	42106
the licensee has been issued a concealed handgun license and that	42107
the licensee currently is carrying a concealed handgun; the	42108
licensee shall not knowingly disregard or fail to comply with	42109
lawful orders of a law enforcement officer given while the	42110
licensee is stopped or knowingly fail to keep the licensee's hands	42111
in plain sight after any law enforcement officer begins	42112
approaching the licensee while stopped and before the officer	42113
leaves, unless directed otherwise by a law enforcement officer;	42114
and the licensee shall not knowingly remove, attempt to remove,	42115
grasp, or hold the loaded handgun or knowingly have contact with	42116
the loaded handgun by touching it with the licensee's hands or	42117
fingers, in any manner in violation of division (B) of section	42118
2923.12 of the Revised Code, after any law enforcement officer	42119
begins approaching the licensee while stopped and before the	42120
officer leaves.	42121

(B) A valid concealed handgun license does not authorize the	42122
licensee to carry a concealed handgun in any manner prohibited	42123
under division (B) of section 2923.12 of the Revised Code or in	42124
any manner prohibited under section 2923.16 of the Revised Code. A	42125
valid license does not authorize the licensee to carry a concealed	42126
handgun into any of the following places:	42127

(1) A police station, sheriff's office, or state highway	42128
patrol station, premises controlled by the bureau of criminal	42129
identification and investigation, a state correctional	42130
institution, jail, workhouse, or other detention facility, an	42131
airport passenger terminal, or an institution that is maintained,	42132
operated, managed, and governed pursuant to division (A) of	42133
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	42134
section 5123.03 of the Revised Code;	42135

(2) A school safety zone if the licensee's carrying the	42136
concealed handgun is in violation of section 2923.122 of the	42137
Revised Code;	42138

(3) A courthouse or another building or structure in which a	42139
courtroom is located, in violation of section 2923.123 of the	42140
Revised Code;	42141

(4) Any premises or open air arena for which a D permit has	42142
been issued under Chapter 4303. of the Revised Code if the	42143
licensee's carrying the concealed handgun is in violation of	42144
section 2923.121 of the Revised Code;	42145

(5) Any premises owned or leased by any public or private	42146
college, university, or other institution of higher education,	42147
unless the handgun is in a locked motor vehicle or the licensee is	42148
in the immediate process of placing the handgun in a locked motor	42149
vehicle;	42150

(6) Any church, synagogue, mosque, or other place of worship,	42151
unless the church, synagogue, mosque, or other place of worship	42152
posts or permits otherwise;	42153

(7) A child day-care center, a type A family day-care home, a	42154
type B family day-care home, or a type C family day-care home,	42155
except that this division does not prohibit a licensee who resides	42156
in a type A family day-care home, a type B family day-care home,	42157
or a type C family day-care home from carrying a concealed handgun	42158
at any time in any part of the home that is not dedicated or used	42159
for day-care purposes, or from carrying a concealed handgun in a	42160
part of the home that is dedicated or used for day-care purposes	42161
at any time during which no children, other than children of that	42162
licensee, are in the home;	42163

(8) An aircraft that is in, or intended for operation in,	42164
foreign air transportation, interstate air transportation,	42165
intrastate air transportation, or the transportation of mail by	42166
aircraft;	42167

(9) Any building that is a government facility of this state	42168
or a political subdivision of this state and that is not a	42169
building that is used primarily as a shelter, restroom, parking	42170
facility for motor vehicles, or rest facility and is not a	42171
courthouse or other building or structure in which a courtroom is	42172
located that is subject to division (B)(3) of this section;	42173

(10) A place in which federal law prohibits the carrying of	42174
handguns.	42175

(C)(1) Nothing in this section shall negate or restrict a	42176
rule, policy, or practice of a private employer that is not a	42177
private college, university, or other institution of higher	42178
education concerning or prohibiting the presence of firearms on	42179
the private employer's premises or property, including motor	42180
vehicles owned by the private employer. Nothing in this section	42181
shall require a private employer of that nature to adopt a rule,	42182
policy, or practice concerning or prohibiting the presence of	42183
firearms on the private employer's premises or property, including	42184
motor vehicles owned by the private employer.	42185

(2)(a) A private employer shall be immune from liability in a	42186
civil action for any injury, death, or loss to person or property	42187
that allegedly was caused by or related to a licensee bringing a	42188
handgun onto the premises or property of the private employer,	42189
including motor vehicles owned by the private employer, unless the	42190
private employer acted with malicious purpose. A private employer	42191
is immune from liability in a civil action for any injury, death,	42192
or loss to person or property that allegedly was caused by or	42193
related to the private employer's decision to permit a licensee to	42194
bring, or prohibit a licensee from bringing, a handgun onto the	42195
premises or property of the private employer. As used in this	42196
division, "private employer" includes a private college,	42197
university, or other institution of higher education.	42198

(b) A political subdivision shall be immune from liability in	42199
a civil action, to the extent and in the manner provided in	42200
Chapter 2744. of the Revised Code, for any injury, death, or loss	42201
to person or property that allegedly was caused by or related to a	42202
licensee bringing a handgun onto any premises or property owned,	42203
leased, or otherwise under the control of the political	42204
subdivision. As used in this division, "political subdivision" has	42205
the same meaning as in section 2744.01 of the Revised Code.	42206

(3)(a) Except as provided in division (C)(3)(b) of this	42207
section, the owner or person in control of private land or	42208
premises, and a private person or entity leasing land or premises	42209
owned by the state, the United States, or a political subdivision	42210
of the state or the United States, may post a sign in a	42211
conspicuous location on that land or on those premises prohibiting	42212
persons from carrying firearms or concealed firearms on or onto	42213
that land or those premises. Except as otherwise provided in this	42214
division, a person who knowingly violates a posted prohibition of	42215
that nature is guilty of criminal trespass in violation of	42216
division (A)(4) of section 2911.21 of the Revised Code and is	42217
guilty of a misdemeanor of the fourth degree. If a person	42218
knowingly violates a posted prohibition of that nature and the	42219
posted land or premises primarily was a parking lot or other	42220
parking facility, the person is not guilty of criminal trespass in	42221
violation of division (A)(4) of section 2911.21 of the Revised	42222
Code and instead is subject only to a civil cause of action for	42223
trespass based on the violation.	42224

(b) A landlord may not prohibit or restrict a tenant who is a	42225
licensee and who on or after September 9, 2008, enters into a	42226
rental agreement with the landlord for the use of residential	42227
premises, and the tenant's guest while the tenant is present, from	42228
lawfully carrying or possessing a handgun on those residential	42229
premises.	42230

42231

(i) "Residential premises" has the same meaning as in section	42232
5321.01 of the Revised Code, except "residential premises" does	42233
not include a dwelling unit that is owned or operated by a college	42234
or university.	42235

(ii) "Landlord," "tenant," and "rental agreement" have the	42236
same meanings as in section 5321.01 of the Revised Code.	42237

(D) A person who holds a concealed handgun license issued by	42238
another state that is recognized by the attorney general pursuant	42239
to a reciprocity agreement entered into pursuant to section 109.69	42240
of the Revised Code has the same right to carry a concealed	42241
handgun in this state as a person who was issued a concealed	42242
handgun license under section 2923.125 of the Revised Code and is	42243
subject to the same restrictions that apply to a person who	42244
carries a license issued under that section.	42245

(E) A peace officer has the same right to carry a concealed	42246
handgun in this state as a person who was issued a concealed	42247
handgun license under section 2923.125 of the Revised Code. For	42248
purposes of reciprocity with other states, a peace officer shall	42249
be considered to be a licensee in this state.	42250

(F)(1) A qualified retired peace officer who possesses a	42251
retired peace officer identification card issued pursuant to	42252
division (F)(2) of this section and a valid firearms	42253
requalification certification issued pursuant to division (F)(3)	42254
of this section has the same right to carry a concealed handgun in	42255
this state as a person who was issued a concealed handgun license	42256
under section 2923.125 of the Revised Code and is subject to the	42257
same restrictions that apply to a person who carries a license	42258
issued under that section. For purposes of reciprocity with other	42259
states, a qualified retired peace officer who possesses a retired	42260
peace officer identification card issued pursuant to division	42261
(F)(2) of this section and a valid firearms requalification	42262
certification issued pursuant to division (F)(3) of this section	42263
shall be considered to be a licensee in this state.	42264

(2)(a) Each public agency of this state or of a political	42265
subdivision of this state that is served by one or more peace	42266
officers shall issue a retired peace officer identification card	42267
to any person who retired from service as a peace officer with	42268
that agency, if the issuance is in accordance with the agency's	42269
policies and procedures and if the person, with respect to the	42270
person's service with that agency, satisfies all of the following:	42271

(i) The person retired in good standing from service as a	42272
peace officer with the public agency, and the retirement was not	42273
for reasons of mental instability.	42274

(ii) Before retiring from service as a peace officer with	42275
that agency, the person was authorized to engage in or supervise	42276
the prevention, detection, investigation, or prosecution of, or	42277
the incarceration of any person for, any violation of law and the	42278
person had statutory powers of arrest.	42279

(iii) At the time of the person's retirement as a peace	42280
officer with that agency, the person was trained and qualified to	42281
carry firearms in the performance of the peace officer's duties.	42282

(iv) Before retiring from service as a peace officer with	42283
that agency, the person was regularly employed as a peace officer	42284
for an aggregate of fifteen years or more, or, in the alternative,	42285
the person retired from service as a peace officer with that	42286
agency, after completing any applicable probationary period of	42287
that service, due to a service-connected disability, as determined	42288
by the agency.	42289

(b) A retired peace officer identification card issued to a	42290
person under division (F)(2)(a) of this section shall identify the	42291
person by name, contain a photograph of the person, identify the	42292
public agency of this state or of the political subdivision of	42293
this state from which the person retired as a peace officer and	42294
that is issuing the identification card, and specify that the	42295
person retired in good standing from service as a peace officer	42296
with the issuing public agency and satisfies the criteria set	42297
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	42298
addition to the required content specified in this division, a	42299
retired peace officer identification card issued to a person under	42300
division (F)(2)(a) of this section may include the firearms	42301
requalification certification described in division (F)(3) of this	42302
section, and if the identification card includes that	42303
certification, the identification card shall serve as the firearms	42304
requalification certification for the retired peace officer. If	42305
the issuing public agency issues credentials to active law	42306
enforcement officers who serve the agency, the agency may comply	42307
with division (F)(2)(a) of this section by issuing the same	42308
credentials to persons who retired from service as a peace officer	42309
with the agency and who satisfy the criteria set forth in	42310
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	42311
credentials so issued to retired peace officers are stamped with	42312
the word "RETIRED."	42313

(c) A public agency of this state or of a political	42314
subdivision of this state may charge persons who retired from	42315
service as a peace officer with the agency a reasonable fee for	42316
issuing to the person a retired peace officer identification card	42317
pursuant to division (F)(2)(a) of this section.	42318

(3) If a person retired from service as a peace officer with	42319
a public agency of this state or of a political subdivision of	42320
this state and the person satisfies the criteria set forth in	42321
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	42322
may provide the retired peace officer with the opportunity to	42323
attend a firearms requalification program that is approved for	42324
purposes of firearms requalification required under section	42325
109.801 of the Revised Code. The retired peace officer may be	42326
required to pay the cost of the course.	42327

If a retired peace officer who satisfies the criteria set	42328
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	42329
firearms requalification program that is approved for purposes of	42330
firearms requalification required under section 109.801 of the	42331
Revised Code, the retired peace officer's successful completion of	42332
the firearms requalification program requalifies the retired peace	42333
officer for purposes of division (F) of this section for five	42334
years from the date on which the program was successfully	42335
completed, and the requalification is valid during that five-year	42336
period. If a retired peace officer who satisfies the criteria set	42337
forth in divisions (F)(2)(a)(i) to (iv) of this section	42338
satisfactorily completes such a firearms requalification program,	42339
the retired peace officer shall be issued a firearms	42340
requalification certification that identifies the retired peace	42341
officer by name, identifies the entity that taught the program,	42342
specifies that the retired peace officer successfully completed	42343
the program, specifies the date on which the course was	42344
successfully completed, and specifies that the requalification is	42345
valid for five years from that date of successful completion. The	42346
firearms requalification certification for a retired peace officer	42347
may be included in the retired peace officer identification card	42348
issued to the retired peace officer under division (F)(2) of this	42349
section.	42350

A retired peace officer who attends a firearms	42351
requalification program that is approved for purposes of firearms	42352
requalification required under section 109.801 of the Revised Code	42353
may be required to pay the cost of the program.	42354

(G) As used in this section:

42355

(1) "Qualified retired peace officer" means a person who	42356
satisfies all of the following:	42357

(a) The person satisfies the criteria set forth in divisions	42358
(F)(2)(a)(i) to (v) of this section.	42359

(b) The person is not under the influence of alcohol or	42360
another intoxicating or hallucinatory drug or substance.	42361

(c) The person is not prohibited by federal law from	42362
receiving firearms.	42363

(2) "Retired peace officer identification card" means an	42364
identification card that is issued pursuant to division (F)(2) of	42365
this section to a person who is a retired peace officer.	42366

(3) "Government facility of this state or a political	42367
subdivision of this state" means any of the following:	42368

(a) A building or part of a building that is owned or leased	42369
by the government of this state or a political subdivision of this	42370
state and where employees of the government of this state or the	42371
political subdivision regularly are present for the purpose of	42372
performing their official duties as employees of the state or	42373
political subdivision;	42374

(b) The office of a deputy registrar serving pursuant to	42375
Chapter 4503. of the Revised Code that is used to perform deputy	42376
registrar functions.	42377

Sec. 2925.03. (A) No person shall knowingly do any of the	42378
following:	42379

(1) Sell or offer to sell a controlled substance or a	42380
controlled substance analog;	42381

(2) Prepare for shipment, ship, transport, deliver, prepare	42382
for distribution, or distribute a controlled substance or a	42383
controlled substance analog, when the offender knows or has	42384
reasonable cause to believe that the controlled substance or a	42385
controlled substance analog is intended for sale or resale by the	42386
offender or another person.	42387

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

42388

(1) Manufacturers, licensed health professionals authorized	42389
to prescribe drugs, pharmacists, owners of pharmacies, and other	42390
persons whose conduct is in accordance with Chapters 3719., 4715.,	42391
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	42392

(2) If the offense involves an anabolic steroid, any person	42393
who is conducting or participating in a research project involving	42394
the use of an anabolic steroid if the project has been approved by	42395
the United States food and drug administration;	42396

(3) Any person who sells, offers for sale, prescribes,	42397
dispenses, or administers for livestock or other nonhuman species	42398
an anabolic steroid that is expressly intended for administration	42399
through implants to livestock or other nonhuman species and	42400
approved for that purpose under the "Federal Food, Drug, and	42401
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	42402
and is sold, offered for sale, prescribed, dispensed, or	42403
administered for that purpose in accordance with that act.	42404

(C) Whoever violates division (A) of this section is guilty	42405
of one of the following:	42406

(1) If the drug involved in the violation is any compound,	42407
mixture, preparation, or substance included in schedule I or	42408
schedule II, with the exception of marihuana, cocaine, L.S.D.,	42409
heroin, hashish, and controlled substance analogs, whoever	42410
violates division (A) of this section is guilty of aggravated	42411
trafficking in drugs. The penalty for the offense shall be	42412
determined as follows:	42413

(a) Except as otherwise provided in division (C)(1)(b), (c),	42414
(d), (e), or (f) of this section, aggravated trafficking in drugs	42415
is a felony of the fourth degree, and division (C) of section	42416
2929.13 of the Revised Code applies in determining whether to	42417
impose a prison term on the offender.	42418

(b) Except as otherwise provided in division (C)(1)(c), (d),	42419
(e), or (f) of this section, if the offense was committed in the	42420
vicinity of a school or in the vicinity of a juvenile, aggravated	42421
trafficking in drugs is a felony of the third degree, and division	42422
(C) of section 2929.13 of the Revised Code applies in determining	42423
whether to impose a prison term on the offender.	42424

(c) Except as otherwise provided in this division, if the	42425
amount of the drug involved equals or exceeds the bulk amount but	42426
is less than five times the bulk amount, aggravated trafficking in	42427
drugs is a felony of the third degree, and, except as otherwise	42428
provided in this division, there is a presumption for a prison	42429
term for the offense. If aggravated trafficking in drugs is a	42430
felony of the third degree under this division and if the offender	42431
two or more times previously has been convicted of or pleaded	42432
guilty to a felony drug abuse offense, the court shall impose as a	42433
mandatory prison term one of the prison terms prescribed for a	42434
felony of the third degree. If the amount of the drug involved is	42435
within that range and if the offense was committed in the vicinity	42436
of a school or in the vicinity of a juvenile, aggravated	42437
trafficking in drugs is a felony of the second degree, and the	42438
court shall impose as a mandatory prison term one of the prison	42439
terms prescribed for a felony of the second degree.	42440

(d) Except as otherwise provided in this division, if the	42441
amount of the drug involved equals or exceeds five times the bulk	42442
amount but is less than fifty times the bulk amount, aggravated	42443
trafficking in drugs is a felony of the second degree, and the	42444
court shall impose as a mandatory prison term one of the prison	42445
terms prescribed for a felony of the second degree. If the amount	42446
of the drug involved is within that range and if the offense was	42447
committed in the vicinity of a school or in the vicinity of a	42448
juvenile, aggravated trafficking in drugs is a felony of the first	42449
degree, and the court shall impose as a mandatory prison term one	42450
of the prison terms prescribed for a felony of the first degree.	42451

(e) If the amount of the drug involved equals or exceeds	42452
fifty times the bulk amount but is less than one hundred times the	42453
bulk amount and regardless of whether the offense was committed in	42454
the vicinity of a school or in the vicinity of a juvenile,	42455
aggravated trafficking in drugs is a felony of the first degree,	42456
and the court shall impose as a mandatory prison term one of the	42457
prison terms prescribed for a felony of the first degree.	42458

(f) If the amount of the drug involved equals or exceeds one	42459
hundred times the bulk amount and regardless of whether the	42460
offense was committed in the vicinity of a school or in the	42461
vicinity of a juvenile, aggravated trafficking in drugs is a	42462
felony of the first degree, the offender is a major drug offender,	42463
and the court shall impose as a mandatory prison term the maximum	42464
prison term prescribed for a felony of the first degree.	42465

(2) If the drug involved in the violation is any compound,	42466
mixture, preparation, or substance included in schedule III, IV,	42467
or V, whoever violates division (A) of this section is guilty of	42468
trafficking in drugs. The penalty for the offense shall be	42469
determined as follows:	42470

(a) Except as otherwise provided in division (C)(2)(b), (c),	42471
(d), or (e) of this section, trafficking in drugs is a felony of	42472
the fifth degree, and division (B) of section 2929.13 of the	42473
Revised Code applies in determining whether to impose a prison	42474
term on the offender.	42475

(b) Except as otherwise provided in division (C)(2)(c), (d),	42476
or (e) of this section, if the offense was committed in the	42477
vicinity of a school or in the vicinity of a juvenile, trafficking	42478
in drugs is a felony of the fourth degree, and division (C) of	42479
section 2929.13 of the Revised Code applies in determining whether	42480
to impose a prison term on the offender.	42481

(c) Except as otherwise provided in this division, if the	42482
amount of the drug involved equals or exceeds the bulk amount but	42483
is less than five times the bulk amount, trafficking in drugs is a	42484
felony of the fourth degree, and division (B) of section 2929.13	42485
of the Revised Code applies in determining whether to impose a	42486
prison term for the offense. If the amount of the drug involved is	42487
within that range and if the offense was committed in the vicinity	42488
of a school or in the vicinity of a juvenile, trafficking in drugs	42489
is a felony of the third degree, and there is a presumption for a	42490
prison term for the offense.	42491

(d) Except as otherwise provided in this division, if the	42492
amount of the drug involved equals or exceeds five times the bulk	42493
amount but is less than fifty times the bulk amount, trafficking	42494
in drugs is a felony of the third degree, and there is a	42495
presumption for a prison term for the offense. If the amount of	42496
the drug involved is within that range and if the offense was	42497
committed in the vicinity of a school or in the vicinity of a	42498
juvenile, trafficking in drugs is a felony of the second degree,	42499
and there is a presumption for a prison term for the offense.	42500

(e) Except as otherwise provided in this division, if the	42501
amount of the drug involved equals or exceeds fifty times the bulk	42502
amount, trafficking in drugs is a felony of the second degree, and	42503
the court shall impose as a mandatory prison term one of the	42504
prison terms prescribed for a felony of the second degree. If the	42505
amount of the drug involved equals or exceeds fifty times the bulk	42506
amount and if the offense was committed in the vicinity of a	42507
school or in the vicinity of a juvenile, trafficking in drugs is a	42508
felony of the first degree, and the court shall impose as a	42509
mandatory prison term one of the prison terms prescribed for a	42510
felony of the first degree.	42511

(3) If the drug involved in the violation is marihuana or a	42512
compound, mixture, preparation, or substance containing marihuana	42513
other than hashish, whoever violates division (A) of this section	42514
is guilty of trafficking in marihuana. The penalty for the offense	42515
shall be determined as follows:	42516

(a) Except as otherwise provided in division (C)(3)(b), (c),	42517
(d), (e), (f), (g), or (h) of this section, trafficking in	42518
marihuana is a felony of the fifth degree, and division (B) of	42519
section 2929.13 of the Revised Code applies in determining whether	42520
to impose a prison term on the offender.	42521

(b) Except as otherwise provided in division (C)(3)(c), (d),	42522
(e), (f), (g), or (h) of this section, if the offense was	42523
committed in the vicinity of a school or in the vicinity of a	42524
juvenile, trafficking in marihuana is a felony of the fourth	42525
degree, and division (B) of section 2929.13 of the Revised Code	42526
applies in determining whether to impose a prison term on the	42527
offender.	42528

(c) Except as otherwise provided in this division, if the	42529
amount of the drug involved equals or exceeds two hundred grams	42530
but is less than one thousand grams, trafficking in marihuana is a	42531
felony of the fourth degree, and division (B) of section 2929.13	42532
of the Revised Code applies in determining whether to impose a	42533
prison term on the offender. If the amount of the drug involved is	42534
within that range and if the offense was committed in the vicinity	42535
of a school or in the vicinity of a juvenile, trafficking in	42536
marihuana is a felony of the third degree, and division (C) of	42537
section 2929.13 of the Revised Code applies in determining whether	42538
to impose a prison term on the offender.	42539

(d) Except as otherwise provided in this division, if the	42540
amount of the drug involved equals or exceeds one thousand grams	42541
but is less than five thousand grams, trafficking in marihuana is	42542
a felony of the third degree, and division (C) of section 2929.13	42543
of the Revised Code applies in determining whether to impose a	42544
prison term on the offender. If the amount of the drug involved is	42545
within that range and if the offense was committed in the vicinity	42546
of a school or in the vicinity of a juvenile, trafficking in	42547
marihuana is a felony of the second degree, and there is a	42548
presumption that a prison term shall be imposed for the offense.	42549

(e) Except as otherwise provided in this division, if the	42550
amount of the drug involved equals or exceeds five thousand grams	42551
but is less than twenty thousand grams, trafficking in marihuana	42552
is a felony of the third degree, and there is a presumption that a	42553
prison term shall be imposed for the offense. If the amount of the	42554
drug involved is within that range and if the offense was	42555
committed in the vicinity of a school or in the vicinity of a	42556
juvenile, trafficking in marihuana is a felony of the second	42557
degree, and there is a presumption that a prison term shall be	42558
imposed for the offense.	42559

(f) Except as otherwise provided in this division, if the	42560
amount of the drug involved equals or exceeds twenty thousand	42561
grams but is less than forty thousand grams, trafficking in	42562
marihuana is a felony of the second degree, and the court shall	42563
impose a mandatory prison term of five, six, seven, or eight	42564
years. If the amount of the drug involved is within that range and	42565
if the offense was committed in the vicinity of a school or in the	42566
vicinity of a juvenile, trafficking in marihuana is a felony of	42567
the first degree, and the court shall impose as a mandatory prison	42568
term the maximum prison term prescribed for a felony of the first	42569
degree.	42570

(g) Except as otherwise provided in this division, if the	42571
amount of the drug involved equals or exceeds forty thousand	42572
grams, trafficking in marihuana is a felony of the second degree,	42573
and the court shall impose as a mandatory prison term the maximum	42574
prison term prescribed for a felony of the second degree. If the	42575
amount of the drug involved equals or exceeds forty thousand grams	42576
and if the offense was committed in the vicinity of a school or in	42577
the vicinity of a juvenile, trafficking in marihuana is a felony	42578
of the first degree, and the court shall impose as a mandatory	42579
prison term the maximum prison term prescribed for a felony of the	42580
first degree.	42581

(h) Except as otherwise provided in this division, if the	42582
offense involves a gift of twenty grams or less of marihuana,	42583
trafficking in marihuana is a minor misdemeanor upon a first	42584
offense and a misdemeanor of the third degree upon a subsequent	42585
offense. If the offense involves a gift of twenty grams or less of	42586
marihuana and if the offense was committed in the vicinity of a	42587
school or in the vicinity of a juvenile, trafficking in marihuana	42588
is a misdemeanor of the third degree.	42589

(4) If the drug involved in the violation is cocaine or a	42590
compound, mixture, preparation, or substance containing cocaine,	42591
whoever violates division (A) of this section is guilty of	42592
trafficking in cocaine. The penalty for the offense shall be	42593
determined as follows:	42594

(a) Except as otherwise provided in division (C)(4)(b), (c),	42595
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	42596
felony of the fifth degree, and division (B) of section 2929.13 of	42597
the Revised Code applies in determining whether to impose a prison	42598
term on the offender.	42599

(b) Except as otherwise provided in division (C)(4)(c), (d),	42600
(e), (f), or (g) of this section, if the offense was committed in	42601
the vicinity of a school or in the vicinity of a juvenile,	42602
trafficking in cocaine is a felony of the fourth degree, and	42603
division (C) of section 2929.13 of the Revised Code applies in	42604
determining whether to impose a prison term on the offender.	42605

(c) Except as otherwise provided in this division, if the	42606
amount of the drug involved equals or exceeds five grams but is	42607
less than ten grams of cocaine, trafficking in cocaine is a felony	42608
of the fourth degree, and division (B) of section 2929.13 of the	42609
Revised Code applies in determining whether to impose a prison	42610
term for the offense. If the amount of the drug involved is within	42611
that range and if the offense was committed in the vicinity of a	42612
school or in the vicinity of a juvenile, trafficking in cocaine is	42613
a felony of the third degree, and there is a presumption for a	42614
prison term for the offense.	42615

(d) Except as otherwise provided in this division, if the	42616
amount of the drug involved equals or exceeds ten grams but is	42617
less than twenty grams of cocaine, trafficking in cocaine is a	42618
felony of the third degree, and, except as otherwise provided in	42619
this division, there is a presumption for a prison term for the	42620
offense. If trafficking in cocaine is a felony of the third degree	42621
under this division and if the offender two or more times	42622
previously has been convicted of or pleaded guilty to a felony	42623
drug abuse offense, the court shall impose as a mandatory prison	42624
term one of the prison terms prescribed for a felony of the third	42625
degree. If the amount of the drug involved is within that range	42626
and if the offense was committed in the vicinity of a school or in	42627
the vicinity of a juvenile, trafficking in cocaine is a felony of	42628
the second degree, and the court shall impose as a mandatory	42629
prison term one of the prison terms prescribed for a felony of the	42630
second degree.	42631

(e) Except as otherwise provided in this division, if the	42632
amount of the drug involved equals or exceeds twenty grams but is	42633
less than twenty-seven grams of cocaine, trafficking in cocaine is	42634
a felony of the second degree, and the court shall impose as a	42635
mandatory prison term one of the prison terms prescribed for a	42636
felony of the second degree. If the amount of the drug involved is	42637
within that range and if the offense was committed in the vicinity	42638
of a school or in the vicinity of a juvenile, trafficking in	42639
cocaine is a felony of the first degree, and the court shall	42640
impose as a mandatory prison term one of the prison terms	42641
prescribed for a felony of the first degree.	42642

(f) If the amount of the drug involved equals or exceeds	42643
twenty-seven grams but is less than one hundred grams of cocaine	42644
and regardless of whether the offense was committed in the	42645
vicinity of a school or in the vicinity of a juvenile, trafficking	42646
in cocaine is a felony of the first degree, and the court shall	42647
impose as a mandatory prison term one of the prison terms	42648
prescribed for a felony of the first degree.	42649

(g) If the amount of the drug involved equals or exceeds one	42650
hundred grams of cocaine and regardless of whether the offense was	42651
committed in the vicinity of a school or in the vicinity of a	42652
juvenile, trafficking in cocaine is a felony of the first degree,	42653
the offender is a major drug offender, and the court shall impose	42654
as a mandatory prison term the maximum prison term prescribed for	42655
a felony of the first degree.	42656

(5) If the drug involved in the violation is L.S.D. or a	42657
compound, mixture, preparation, or substance containing L.S.D.,	42658
whoever violates division (A) of this section is guilty of	42659
trafficking in L.S.D. The penalty for the offense shall be	42660
determined as follows:	42661

(a) Except as otherwise provided in division (C)(5)(b), (c),	42662
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	42663
felony of the fifth degree, and division (B) of section 2929.13 of	42664
the Revised Code applies in determining whether to impose a prison	42665
term on the offender.	42666

(b) Except as otherwise provided in division (C)(5)(c), (d),	42667
(e), (f), or (g) of this section, if the offense was committed in	42668
the vicinity of a school or in the vicinity of a juvenile,	42669
trafficking in L.S.D. is a felony of the fourth degree, and	42670
division (C) of section 2929.13 of the Revised Code applies in	42671
determining whether to impose a prison term on the offender.	42672

(c) Except as otherwise provided in this division, if the	42673
amount of the drug involved equals or exceeds ten unit doses but	42674
is less than fifty unit doses of L.S.D. in a solid form or equals	42675
or exceeds one gram but is less than five grams of L.S.D. in a	42676
liquid concentrate, liquid extract, or liquid distillate form,	42677
trafficking in L.S.D. is a felony of the fourth degree, and	42678
division (B) of section 2929.13 of the Revised Code applies in	42679
determining whether to impose a prison term for the offense. If	42680
the amount of the drug involved is within that range and if the	42681
offense was committed in the vicinity of a school or in the	42682
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	42683
third degree, and there is a presumption for a prison term for the	42684
offense.	42685

(d) Except as otherwise provided in this division, if the	42686
amount of the drug involved equals or exceeds fifty unit doses but	42687
is less than two hundred fifty unit doses of L.S.D. in a solid	42688
form or equals or exceeds five grams but is less than twenty-five	42689
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	42690
distillate form, trafficking in L.S.D. is a felony of the third	42691
degree, and, except as otherwise provided in this division, there	42692
is a presumption for a prison term for the offense. If trafficking	42693
in L.S.D. is a felony of the third degree under this division and	42694
if the offender two or more times previously has been convicted of	42695
or pleaded guilty to a felony drug abuse offense, the court shall	42696
impose as a mandatory prison term one of the prison terms	42697
prescribed for a felony of the third degree. If the amount of the	42698
drug involved is within that range and if the offense was	42699
committed in the vicinity of a school or in the vicinity of a	42700
juvenile, trafficking in L.S.D. is a felony of the second degree,	42701
and the court shall impose as a mandatory prison term one of the	42702
prison terms prescribed for a felony of the second degree.	42703

(e) Except as otherwise provided in this division, if the	42704
amount of the drug involved equals or exceeds two hundred fifty	42705
unit doses but is less than one thousand unit doses of L.S.D. in a	42706
solid form or equals or exceeds twenty-five grams but is less than	42707
one hundred grams of L.S.D. in a liquid concentrate, liquid	42708
extract, or liquid distillate form, trafficking in L.S.D. is a	42709
felony of the second degree, and the court shall impose as a	42710
mandatory prison term one of the prison terms prescribed for a	42711
felony of the second degree. If the amount of the drug involved is	42712
within that range and if the offense was committed in the vicinity	42713
of a school or in the vicinity of a juvenile, trafficking in	42714
L.S.D. is a felony of the first degree, and the court shall impose	42715
as a mandatory prison term one of the prison terms prescribed for	42716
a felony of the first degree.	42717

(f) If the amount of the drug involved equals or exceeds one	42718
thousand unit doses but is less than five thousand unit doses of	42719
L.S.D. in a solid form or equals or exceeds one hundred grams but	42720
is less than five hundred grams of L.S.D. in a liquid concentrate,	42721
liquid extract, or liquid distillate form and regardless of	42722
whether the offense was committed in the vicinity of a school or	42723
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	42724
of the first degree, and the court shall impose as a mandatory	42725
prison term one of the prison terms prescribed for a felony of the	42726
first degree.	42727

(g) If the amount of the drug involved equals or exceeds five	42728
thousand unit doses of L.S.D. in a solid form or equals or exceeds	42729
five hundred grams of L.S.D. in a liquid concentrate, liquid	42730
extract, or liquid distillate form and regardless of whether the	42731
offense was committed in the vicinity of a school or in the	42732
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	42733
first degree, the offender is a major drug offender, and the court	42734
shall impose as a mandatory prison term the maximum prison term	42735
prescribed for a felony of the first degree.	42736

(6) If the drug involved in the violation is heroin or a	42737
compound, mixture, preparation, or substance containing heroin,	42738
whoever violates division (A) of this section is guilty of	42739
trafficking in heroin. The penalty for the offense shall be	42740
determined as follows:	42741

(a) Except as otherwise provided in division (C)(6)(b), (c),	42742
(d), (e), (f), or (g) of this section, trafficking in heroin is a	42743
felony of the fifth degree, and division (B) of section 2929.13 of	42744
the Revised Code applies in determining whether to impose a prison	42745
term on the offender.	42746

(b) Except as otherwise provided in division (C)(6)(c), (d),	42747
(e), (f), or (g) of this section, if the offense was committed in	42748
the vicinity of a school or in the vicinity of a juvenile,	42749
trafficking in heroin is a felony of the fourth degree, and	42750
division (C) of section 2929.13 of the Revised Code applies in	42751
determining whether to impose a prison term on the offender.	42752

(c) Except as otherwise provided in this division, if the	42753
amount of the drug involved equals or exceeds ten unit doses but	42754
is less than fifty unit doses or equals or exceeds one gram but is	42755
less than five grams, trafficking in heroin is a felony of the	42756
fourth degree, and division (B) of section 2929.13 of the Revised	42757
Code applies in determining whether to impose a prison term for	42758
the offense. If the amount of the drug involved is within that	42759
range and if the offense was committed in the vicinity of a school	42760
or in the vicinity of a juvenile, trafficking in heroin is a	42761
felony of the third degree, and there is a presumption for a	42762
prison term for the offense.	42763

(d) Except as otherwise provided in this division, if the	42764
amount of the drug involved equals or exceeds fifty unit doses but	42765
is less than one hundred unit doses or equals or exceeds five	42766
grams but is less than ten grams, trafficking in heroin is a	42767
felony of the third degree, and there is a presumption for a	42768
prison term for the offense. If the amount of the drug involved is	42769
within that range and if the offense was committed in the vicinity	42770
of a school or in the vicinity of a juvenile, trafficking in	42771
heroin is a felony of the second degree, and there is a	42772
presumption for a prison term for the offense.	42773

(e) Except as otherwise provided in this division, if the	42774
amount of the drug involved equals or exceeds one hundred unit	42775
doses but is less than five hundred unit doses or equals or	42776
exceeds ten grams but is less than fifty grams, trafficking in	42777
heroin is a felony of the second degree, and the court shall	42778
impose as a mandatory prison term one of the prison terms	42779
prescribed for a felony of the second degree. If the amount of the	42780
drug involved is within that range and if the offense was	42781
committed in the vicinity of a school or in the vicinity of a	42782
juvenile, trafficking in heroin is a felony of the first degree,	42783
and the court shall impose as a mandatory prison term one of the	42784
prison terms prescribed for a felony of the first degree.	42785

(f) If the amount of the drug involved equals or exceeds five	42786
hundred unit doses but is less than two thousand five hundred unit	42787
doses or equals or exceeds fifty grams but is less than two	42788
hundred fifty grams and regardless of whether the offense was	42789
committed in the vicinity of a school or in the vicinity of a	42790
juvenile, trafficking in heroin is a felony of the first degree,	42791
and the court shall impose as a mandatory prison term one of the	42792
prison terms prescribed for a felony of the first degree.	42793

(g) If the amount of the drug involved equals or exceeds two	42794
thousand five hundred unit doses or equals or exceeds two hundred	42795
fifty grams and regardless of whether the offense was committed in	42796
the vicinity of a school or in the vicinity of a juvenile,	42797
trafficking in heroin is a felony of the first degree, the	42798
offender is a major drug offender, and the court shall impose as a	42799
mandatory prison term the maximum prison term prescribed for a	42800
felony of the first degree.	42801

(7) If the drug involved in the violation is hashish or a	42802
compound, mixture, preparation, or substance containing hashish,	42803
whoever violates division (A) of this section is guilty of	42804
trafficking in hashish. The penalty for the offense shall be	42805
determined as follows:	42806

(a) Except as otherwise provided in division (C)(7)(b), (c),	42807
(d), (e), (f), or (g) of this section, trafficking in hashish is a	42808
felony of the fifth degree, and division (B) of section 2929.13 of	42809
the Revised Code applies in determining whether to impose a prison	42810
term on the offender.	42811

(b) Except as otherwise provided in division (C)(7)(c), (d),	42812
(e), (f), or (g) of this section, if the offense was committed in	42813
the vicinity of a school or in the vicinity of a juvenile,	42814
trafficking in hashish is a felony of the fourth degree, and	42815
division (B) of section 2929.13 of the Revised Code applies in	42816
determining whether to impose a prison term on the offender.	42817

(c) Except as otherwise provided in this division, if the	42818
amount of the drug involved equals or exceeds ten grams but is	42819
less than fifty grams of hashish in a solid form or equals or	42820
exceeds two grams but is less than ten grams of hashish in a	42821
liquid concentrate, liquid extract, or liquid distillate form,	42822
trafficking in hashish is a felony of the fourth degree, and	42823
division (B) of section 2929.13 of the Revised Code applies in	42824
determining whether to impose a prison term on the offender. If	42825
the amount of the drug involved is within that range and if the	42826
offense was committed in the vicinity of a school or in the	42827
vicinity of a juvenile, trafficking in hashish is a felony of the	42828
third degree, and division (C) of section 2929.13 of the Revised	42829
Code applies in determining whether to impose a prison term on the	42830
offender.	42831

(d) Except as otherwise provided in this division, if the	42832
amount of the drug involved equals or exceeds fifty grams but is	42833
less than two hundred fifty grams of hashish in a solid form or	42834
equals or exceeds ten grams but is less than fifty grams of	42835
hashish in a liquid concentrate, liquid extract, or liquid	42836
distillate form, trafficking in hashish is a felony of the third	42837
degree, and division (C) of section 2929.13 of the Revised Code	42838
applies in determining whether to impose a prison term on the	42839
offender. If the amount of the drug involved is within that range	42840
and if the offense was committed in the vicinity of a school or in	42841
the vicinity of a juvenile, trafficking in hashish is a felony of	42842
the second degree, and there is a presumption that a prison term	42843
shall be imposed for the offense.	42844

(e) Except as otherwise provided in this division, if the	42845
amount of the drug involved equals or exceeds two hundred fifty	42846
grams but is less than one thousand grams of hashish in a solid	42847
form or equals or exceeds fifty grams but is less than two hundred	42848
grams of hashish in a liquid concentrate, liquid extract, or	42849
liquid distillate form, trafficking in hashish is a felony of the	42850
third degree, and there is a presumption that a prison term shall	42851
be imposed for the offense. If the amount of the drug involved is	42852
within that range and if the offense was committed in the vicinity	42853
of a school or in the vicinity of a juvenile, trafficking in	42854
hashish is a felony of the second degree, and there is a	42855
presumption that a prison term shall be imposed for the offense.	42856

(f) Except as otherwise provided in this division, if the	42857
amount of the drug involved equals or exceeds one thousand grams	42858
but is less than two thousand grams of hashish in a solid form or	42859
equals or exceeds two hundred grams but is less than four hundred	42860
grams of hashish in a liquid concentrate, liquid extract, or	42861
liquid distillate form, trafficking in hashish is a felony of the	42862
second degree, and the court shall impose a mandatory prison term	42863
of five, six, seven, or eight years. If the amount of the drug	42864
involved is within that range and if the offense was committed in	42865
the vicinity of a school or in the vicinity of a juvenile,	42866
trafficking in hashish is a felony of the first degree, and the	42867
court shall impose as a mandatory prison term the maximum prison	42868
term prescribed for a felony of the first degree.	42869

(g) Except as otherwise provided in this division, if the	42870
amount of the drug involved equals or exceeds two thousand grams	42871
of hashish in a solid form or equals or exceeds four hundred grams	42872
of hashish in a liquid concentrate, liquid extract, or liquid	42873
distillate form, trafficking in hashish is a felony of the second	42874
degree, and the court shall impose as a mandatory prison term the	42875
maximum prison term prescribed for a felony of the second degree.	42876
If the amount of the drug involved equals or exceeds two thousand	42877
grams of hashish in a solid form or equals or exceeds four hundred	42878
grams of hashish in a liquid concentrate, liquid extract, or	42879
liquid distillate form and if the offense was committed in the	42880
vicinity of a school or in the vicinity of a juvenile, trafficking	42881
in hashish is a felony of the first degree, and the court shall	42882
impose as a mandatory prison term the maximum prison term	42883
prescribed for a felony of the first degree.	42884

(8) If the drug involved in the violation is a controlled	42885
substance analog or compound, mixture, preparation, or substance	42886
that contains a controlled substance analog, whoever violates	42887
division (A) of this section is guilty of trafficking in a	42888
controlled substance analog. The penalty for the offense shall be	42889
determined as follows:	42890

(a) Except as otherwise provided in division (C)(8)(b), (c),	42891
(d), (e), (f), or (g) of this section, trafficking in a controlled	42892
substance analog is a felony of the fifth degree, and division (C)	42893
of section 2929.13 of the Revised Code applies in determining	42894
whether to impose a prison term on the offender.	42895

(b) Except as otherwise provided in division (C)(8)(c), (d),	42896
(e), (f), or (g) of this section, if the offense was committed in	42897
the vicinity of a school or in the vicinity of a juvenile,	42898
trafficking in a controlled substance analog is a felony of the	42899
fourth degree, and division (C) of section 2929.13 of the Revised	42900
Code applies in determining whether to impose a prison term on the	42901
offender.	42902

(c) Except as otherwise provided in this division, if the	42903
amount of the drug involved equals or exceeds ten grams but is	42904
less than twenty grams, trafficking in a controlled substance	42905
analog is a felony of the fourth degree, and division (B) of	42906
section 2929.13 of the Revised Code applies in determining whether	42907
to impose a prison term for the offense. If the amount of the drug	42908
involved is within that range and if the offense was committed in	42909
the vicinity of a school or in the vicinity of a juvenile,	42910
trafficking in a controlled substance analog is a felony of the	42911
third degree, and there is a presumption for a prison term for the	42912
offense.	42913

(d) Except as otherwise provided in this division, if the	42914
amount of the drug involved equals or exceeds twenty grams but is	42915
less than thirty grams, trafficking in a controlled substance	42916
analog is a felony of the third degree, and there is a presumption	42917
for a prison term for the offense. If the amount of the drug	42918
involved is within that range and if the offense was committed in	42919
the vicinity of a school or in the vicinity of a juvenile,	42920
trafficking in a controlled substance analog is a felony of the	42921
second degree, and there is a presumption for a prison term for	42922
the offense.	42923

(e) Except as otherwise provided in this division, if the	42924
amount of the drug involved equals or exceeds thirty grams but is	42925
less than forty grams, trafficking in a controlled substance	42926
analog is a felony of the second degree, and the court shall	42927
impose as a mandatory prison term one of the prison terms	42928
prescribed for a felony of the second degree. If the amount of the	42929
drug involved is within that range and if the offense was	42930
committed in the vicinity of a school or in the vicinity of a	42931
juvenile, trafficking in a controlled substance analog is a felony	42932
of the first degree, and the court shall impose as a mandatory	42933
prison term one of the prison terms prescribed for a felony of the	42934
first degree.	42935

(f) If the amount of the drug involved equals or exceeds	42936
forty grams but is less than fifty grams and regardless of whether	42937
the offense was committed in the vicinity of a school or in the	42938
vicinity of a juvenile, trafficking in a controlled substance	42939
analog is a felony of the first degree, and the court shall impose	42940
as a mandatory prison term one of the prison terms prescribed for	42941
a felony of the first degree.	42942

(g) If the amount of the drug involved equals or exceeds	42943
fifty grams and regardless of whether the offense was committed in	42944
the vicinity of a school or in the vicinity of a juvenile,	42945
trafficking in a controlled substance analog is a felony of the	42946
first degree, the offender is a major drug offender, and the court	42947
shall impose as a mandatory prison term the maximum prison term	42948
prescribed for a felony of the first degree.	42949

(D) In addition to any prison term authorized or required by	42950
division (C) of this section and sections 2929.13 and 2929.14 of	42951
the Revised Code, and in addition to any other sanction imposed	42952
for the offense under this section or sections 2929.11 to 2929.18	42953
of the Revised Code, the court that sentences an offender who is	42954
convicted of or pleads guilty to a violation of division (A) of	42955
this section shall do all of the following that are applicable	42956
regarding the offender:	42957

(1) If the violation of division (A) of this section is a	42958
felony of the first, second, or third degree, the court shall	42959
impose upon the offender the mandatory fine specified for the	42960
offense under division (B)(1) of section 2929.18 of the Revised	42961
Code unless, as specified in that division, the court determines	42962
that the offender is indigent. Except as otherwise provided in	42963
division (H)(1) of this section, a mandatory fine or any other	42964
fine imposed for a violation of this section is subject to	42965
division (F) of this section. If a person is charged with a	42966
violation of this section that is a felony of the first, second,	42967
or third degree, posts bail, and forfeits the bail, the clerk of	42968
the court shall pay the forfeited bail pursuant to divisions	42969
(D)(1) and (F) of this section, as if the forfeited bail was a	42970
fine imposed for a violation of this section. If any amount of the	42971
forfeited bail remains after that payment and if a fine is imposed	42972
under division (H)(1) of this section, the clerk of the court	42973
shall pay the remaining amount of the forfeited bail pursuant to	42974
divisions (H)(2) and (3) of this section, as if that remaining	42975
amount was a fine imposed under division (H)(1) of this section.	42976

(2) The court shall suspend the driver's or commercial	42977
driver's license or permit of the offender in accordance with	42978
division (G) of this section.	42979

(3) If the offender is a professionally licensed person, the	42980
court immediately shall comply with section 2925.38 of the Revised	42981
Code.	42982

(E) When a person is charged with the sale of or offer to	42983
sell a bulk amount or a multiple of a bulk amount of a controlled	42984
substance, the jury, or the court trying the accused, shall	42985
determine the amount of the controlled substance involved at the	42986
time of the offense and, if a guilty verdict is returned, shall	42987
return the findings as part of the verdict. In any such case, it	42988
is unnecessary to find and return the exact amount of the	42989
controlled substance involved, and it is sufficient if the finding	42990
and return is to the effect that the amount of the controlled	42991
substance involved is the requisite amount, or that the amount of	42992
the controlled substance involved is less than the requisite	42993
amount.	42994

(F)(1) Notwithstanding any contrary provision of section	42995
3719.21 of the Revised Code and except as provided in division (H)	42996
of this section, the clerk of the court shall pay any mandatory	42997
fine imposed pursuant to division (D)(1) of this section and any	42998
fine other than a mandatory fine that is imposed for a violation	42999
of this section pursuant to division (A) or (B)(5) of section	43000
2929.18 of the Revised Code to the county, township, municipal	43001
corporation, park district, as created pursuant to section 511.18	43002
or 1545.04 of the Revised Code, or state law enforcement agencies	43003
in this state that primarily were responsible for or involved in	43004
making the arrest of, and in prosecuting, the offender. However,	43005
the clerk shall not pay a mandatory fine so imposed to a law	43006
enforcement agency unless the agency has adopted a written	43007
internal control policy under division (F)(2) of this section that	43008
addresses the use of the fine moneys that it receives. Each agency	43009
shall use the mandatory fines so paid to subsidize the agency's	43010
law enforcement efforts that pertain to drug offenses, in	43011
accordance with the written internal control policy adopted by the	43012
recipient agency under division (F)(2) of this section.	43013

(2)~~(a)~~ Prior to receiving any fine moneys under division	43014
(F)(1) of this section or division (B) of section 2925.42 of the	43015
Revised Code, a law enforcement agency shall adopt a written	43016
internal control policy that addresses the agency's use and	43017
disposition of all fine moneys so received and that provides for	43018
the keeping of detailed financial records of the receipts of those	43019
fine moneys, the general types of expenditures made out of those	43020
fine moneys, and the specific amount of each general type of	43021
expenditure. The policy shall not provide for or permit the	43022
identification of any specific expenditure that is made in an	43023
ongoing investigation. All financial records of the receipts of	43024
those fine moneys, the general types of expenditures made out of	43025
those fine moneys, and the specific amount of each general type of	43026
expenditure by an agency are public records open for inspection	43027
under section 149.43 of the Revised Code. Additionally, a written	43028
internal control policy adopted under this division is such a	43029
public record, and the agency that adopted it shall comply with	43030
it.	43031

~~(b) Each law enforcement agency that receives in any calendar~~	43032
~~year any fine moneys under division (F)(1) of this section or~~	43033
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	43034
~~a report covering the calendar year that cumulates all of the~~	43035
~~information contained in all of the public financial records kept~~	43036
~~by the agency pursuant to division (F)(2)(a) of this section for~~	43037
~~that calendar year, and shall send a copy of the cumulative~~	43038
~~report, no later than the first day of March in the calendar year~~	43039
~~following the calendar year covered by the report, to the attorney~~	43040
~~general. Each report received by the attorney general is a public~~	43041
~~record open for inspection under section 149.43 of the Revised~~	43042
~~Code. Not later than the fifteenth day of April in the calendar~~	43043
~~year in which the reports are received, the attorney general shall~~	43044
~~send to the president of the senate and the speaker of the house~~	43045
~~of representatives a written notification that does all of the~~	43046
~~following:~~	43047

~~(i) Indicates that the attorney general has received from law~~	43048
~~enforcement agencies reports of the type described in this~~	43049
~~division that cover the previous calendar year and indicates that~~	43050
~~the reports were received under this division;~~	43051

~~(ii) Indicates that the reports are open for inspection under~~	43052
~~section 149.43 of the Revised Code;~~	43053

~~(iii) Indicates that the attorney general will provide a copy~~	43054
~~of any or all of the reports to the president of the senate or the~~	43055
~~speaker of the house of representatives upon request.~~	43056

(3) As used in division (F) of this section:

43057

(a) "Law enforcement agencies" includes, but is not limited	43058
to, the state board of pharmacy and the office of a prosecutor.	43059

(b) "Prosecutor" has the same meaning as in section 2935.01	43060
of the Revised Code.	43061

(G) When required under division (D)(2) of this section or	43062
any other provision of this chapter, the court shall suspend for	43063
not less than six months or more than five years the driver's or	43064
commercial driver's license or permit of any person who is	43065
convicted of or pleads guilty to any violation of this section or	43066
any other specified provision of this chapter. If an offender's	43067
driver's or commercial driver's license or permit is suspended	43068
pursuant to this division, the offender, at any time after the	43069
expiration of two years from the day on which the offender's	43070
sentence was imposed or from the day on which the offender finally	43071
was released from a prison term under the sentence, whichever is	43072
later, may file a motion with the sentencing court requesting	43073
termination of the suspension; upon the filing of such a motion	43074
and the court's finding of good cause for the termination, the	43075
court may terminate the suspension.	43076

(H)(1) In addition to any prison term authorized or required	43077
by division (C) of this section and sections 2929.13 and 2929.14	43078
of the Revised Code, in addition to any other penalty or sanction	43079
imposed for the offense under this section or sections 2929.11 to	43080
2929.18 of the Revised Code, and in addition to the forfeiture of	43081
property in connection with the offense as prescribed in Chapter	43082
2981. of the Revised Code, the court that sentences an offender	43083
who is convicted of or pleads guilty to a violation of division	43084
(A) of this section may impose upon the offender an additional	43085
fine specified for the offense in division (B)(4) of section	43086
2929.18 of the Revised Code. A fine imposed under division (H)(1)	43087
of this section is not subject to division (F) of this section and	43088
shall be used solely for the support of one or more eligible	43089
~~alcohol and drug~~community addiction ~~programs~~services provider in	43090
accordance with divisions (H)(2) and (3) of this section.	43091

(2) The court that imposes a fine under division (H)(1) of	43092
this section shall specify in the judgment that imposes the fine	43093
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	43094
services provider for the support of which the fine money is to be	43095
used. No ~~alcohol and drug~~community addiction ~~program~~services	43096
provider shall receive or use money paid or collected in	43097
satisfaction of a fine imposed under division (H)(1) of this	43098
section unless the ~~program~~services provider is specified in the	43099
judgment that imposes the fine. No ~~alcohol and drug~~community	43100
addiction ~~program~~services provider shall be specified in the	43101
judgment unless the ~~program~~services provider is an eligible	43102
~~alcohol and drug~~community addiction ~~program~~services provider	43103
and, except as otherwise provided in division (H)(2) of this	43104
section, unless the ~~program~~services provider is located in the	43105
county in which the court that imposes the fine is located or in a	43106
county that is immediately contiguous to the county in which that	43107
court is located. If no eligible ~~alcohol and drug~~community	43108
addiction ~~program~~services provider is located in any of those	43109
counties, the judgment may specify an eligible ~~alcohol and drug~~	43110
community addiction ~~program~~services provider that is located	43111
anywhere within this state.	43112

(3) Notwithstanding any contrary provision of section 3719.21	43113
of the Revised Code, the clerk of the court shall pay any fine	43114
imposed under division (H)(1) of this section to the eligible	43115
~~alcohol and drug~~community addiction ~~program~~services provider	43116
specified pursuant to division (H)(2) of this section in the	43117
judgment. The eligible ~~alcohol and drug~~community addiction	43118
~~program~~services provider that receives the fine moneys shall use	43119
the moneys only for the alcohol and drug addiction services	43120
identified in the application for certification under section	43121
~~3793.06~~5119.36 of the Revised Code or in the application for a	43122
license under section ~~3793.11~~5119.39 of the Revised Code filed	43123
with the department of ~~alcohol and drug addiction services~~mental	43124
health and addiction services by the ~~alcohol and drug~~community	43125
addiction ~~program~~services provider specified in the judgment.	43126

(4) Each ~~alcohol and drug~~community addiction ~~program~~	43127
services provider that receives in a calendar year any fine moneys	43128
under division (H)(3) of this section shall file an annual report	43129
covering that calendar year with the court of common pleas and the	43130
board of county commissioners of the county in which the ~~program~~	43131
services provider is located, with the court of common pleas and	43132
the board of county commissioners of each county from which the	43133
~~program~~services provider received the moneys if that county is	43134
different from the county in which the ~~program~~services provider	43135
is located, and with the attorney general. The ~~alcohol and drug~~	43136
community addiction ~~program~~services provider shall file the	43137
report no later than the first day of March in the calendar year	43138
following the calendar year in which the ~~program~~services provider	43139
received the fine moneys. The report shall include statistics on	43140
the number of persons served by the ~~alcohol and drug~~community	43141
addiction ~~program~~services provider, identify the types of alcohol	43142
and drug addiction services provided to those persons, and include	43143
a specific accounting of the purposes for which the fine moneys	43144
received were used. No information contained in the report shall	43145
identify, or enable a person to determine the identity of, any	43146
person served by the ~~alcohol and drug~~community addiction ~~program~~	43147
services provider. Each report received by a court of common	43148
pleas, a board of county commissioners, or the attorney general is	43149
a public record open for inspection under section 149.43 of the	43150
Revised Code.	43151

(5) As used in divisions (H)(1) to (5) of this section:

43152

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	43153
provider" and "alcohol and drug addiction services" have the same	43154
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	43155

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	43156
services provider" means ~~an alcohol and drug~~a community addiction	43157
~~program~~services provider that is certified under section ~~3793.06~~	43158
5119.36 of the Revised Code or licensed under section ~~3793.11~~	43159
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	43160
~~addiction services~~mental health and addiction services.	43161

(I) As used in this section, "drug" includes any substance	43162
that is represented to be a drug.	43163

(J) It is an affirmative defense to a charge of trafficking	43164
in a controlled substance analog under division (C)(8) of this	43165
section that the person charged with violating that offense sold	43166
or offered to sell, or prepared for shipment, shipped,	43167
transported, delivered, prepared for distribution, or distributed	43168
an item described in division (HH)(2)(a), (b), or (c) of section	43169
3719.01 of the Revised Code.	43170

Sec. 2929.15. (A)(1) If in sentencing an offender for a	43171
felony the court is not required to impose a prison term, a	43172
mandatory prison term, or a term of life imprisonment upon the	43173
offender, the court may directly impose a sentence that consists	43174
of one or more community control sanctions authorized pursuant to	43175
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	43176
court is sentencing an offender for a fourth degree felony OVI	43177
offense under division (G)(1) of section 2929.13 of the Revised	43178
Code, in addition to the mandatory term of local incarceration	43179
imposed under that division and the mandatory fine required by	43180
division (B)(3) of section 2929.18 of the Revised Code, the court	43181
may impose upon the offender a community control sanction or	43182
combination of community control sanctions in accordance with	43183
sections 2929.16 and 2929.17 of the Revised Code. If the court is	43184
sentencing an offender for a third or fourth degree felony OVI	43185
offense under division (G)(2) of section 2929.13 of the Revised	43186
Code, in addition to the mandatory prison term or mandatory prison	43187
term and additional prison term imposed under that division, the	43188
court also may impose upon the offender a community control	43189
sanction or combination of community control sanctions under	43190
section 2929.16 or 2929.17 of the Revised Code, but the offender	43191
shall serve all of the prison terms so imposed prior to serving	43192
the community control sanction.	43193

The duration of all community control sanctions imposed upon	43194
an offender under this division shall not exceed five years. If	43195
the offender absconds or otherwise leaves the jurisdiction of the	43196
court in which the offender resides without obtaining permission	43197
from the court or the offender's probation officer to leave the	43198
jurisdiction of the court, or if the offender is confined in any	43199
institution for the commission of any offense while under a	43200
community control sanction, the period of the community control	43201
sanction ceases to run until the offender is brought before the	43202
court for its further action. If the court sentences the offender	43203
to one or more nonresidential sanctions under section 2929.17 of	43204
the Revised Code, the court shall impose as a condition of the	43205
nonresidential sanctions that, during the period of the sanctions,	43206
the offender must abide by the law and must not leave the state	43207
without the permission of the court or the offender's probation	43208
officer. The court may impose any other conditions of release	43209
under a community control sanction that the court considers	43210
appropriate, including, but not limited to, requiring that the	43211
offender not ingest or be injected with a drug of abuse and submit	43212
to random drug testing as provided in division (D) of this section	43213
to determine whether the offender ingested or was injected with a	43214
drug of abuse and requiring that the results of the drug test	43215
indicate that the offender did not ingest or was not injected with	43216
a drug of abuse.	43217

(2)(a) If a court sentences an offender to any community	43218
control sanction or combination of community control sanctions	43219
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	43220
Revised Code, the court shall place the offender under the general	43221
control and supervision of a department of probation in the county	43222
that serves the court for purposes of reporting to the court a	43223
violation of any condition of the sanctions, any condition of	43224
release under a community control sanction imposed by the court, a	43225
violation of law, or the departure of the offender from this state	43226
without the permission of the court or the offender's probation	43227
officer. Alternatively, if the offender resides in another county	43228
and a county department of probation has been established in that	43229
county or that county is served by a multicounty probation	43230
department established under section 2301.27 of the Revised Code,	43231
the court may request the court of common pleas of that county to	43232
receive the offender into the general control and supervision of	43233
that county or multicounty department of probation for purposes of	43234
reporting to the court a violation of any condition of the	43235
sanctions, any condition of release under a community control	43236
sanction imposed by the court, a violation of law, or the	43237
departure of the offender from this state without the permission	43238
of the court or the offender's probation officer, subject to the	43239
jurisdiction of the trial judge over and with respect to the	43240
person of the offender, and to the rules governing that department	43241
of probation.	43242

If there is no department of probation in the county that	43243
serves the court, the court shall place the offender, regardless	43244
of the offender's county of residence, under the general control	43245
and supervision of the adult parole authority for purposes of	43246
reporting to the court a violation of any of the sanctions, any	43247
condition of release under a community control sanction imposed by	43248
the court, a violation of law, or the departure of the offender	43249
from this state without the permission of the court or the	43250
offender's probation officer.	43251

(b) If the court imposing sentence upon an offender sentences	43252
the offender to any community control sanction or combination of	43253
community control sanctions authorized pursuant to section	43254
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	43255
offender violates any condition of the sanctions, any condition of	43256
release under a community control sanction imposed by the court,	43257
violates any law, or departs the state without the permission of	43258
the court or the offender's probation officer, the public or	43259
private person or entity that operates or administers the sanction	43260
or the program or activity that comprises the sanction shall	43261
report the violation or departure directly to the sentencing	43262
court, or shall report the violation or departure to the county or	43263
multicounty department of probation with general control and	43264
supervision over the offender under division (A)(2)(a) of this	43265
section or the officer of that department who supervises the	43266
offender, or, if there is no such department with general control	43267
and supervision over the offender under that division, to the	43268
adult parole authority. If the public or private person or entity	43269
that operates or administers the sanction or the program or	43270
activity that comprises the sanction reports the violation or	43271
departure to the county or multicounty department of probation or	43272
the adult parole authority, the department's or authority's	43273
officers may treat the offender as if the offender were on	43274
probation and in violation of the probation, and shall report the	43275
violation of the condition of the sanction, any condition of	43276
release under a community control sanction imposed by the court,	43277
the violation of law, or the departure from the state without the	43278
required permission to the sentencing court.	43279

(3) If an offender who is eligible for community control	43280
sanctions under this section admits to being drug addicted or the	43281
court has reason to believe that the offender is drug addicted,	43282
and if the offense for which the offender is being sentenced was	43283
related to the addiction, the court may require that the offender	43284
be assessed by a properly credentialed professional within a	43285
specified period of time and shall require the professional to	43286
file a written assessment of the offender with the court. If a	43287
court imposes treatment and recovery support services as a	43288
community control sanction, the court shall direct the level and	43289
type of treatment and recovery support services after	43290
consideration of the written assessment, if available at the time	43291
of sentencing, and recommendations of the professional and other	43292
treatment and recovery support services providers.	43293

(4) If an assessment completed pursuant to division (A)(3) of	43294
this section indicates that the offender is addicted to drugs or	43295
alcohol, the court may include in any community control sanction	43296
imposed for a violation of section 2925.02, 2925.03, 2925.04,	43297
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	43298
2925.37 of the Revised Code a requirement that the offender	43299
participate in a treatment and recovery support services program	43300
certified under section ~~3793.06~~5119.36 of the Revised Code or	43301
offered by another properly credentialed ~~program~~community	43302
addiction services provider.	43303

(B)(1) If the conditions of a community control sanction are	43304
violated or if the offender violates a law or leaves the state	43305
without the permission of the court or the offender's probation	43306
officer, the sentencing court may impose upon the violator one or	43307
more of the following penalties:	43308

(a) A longer time under the same sanction if the total time	43309
under the sanctions does not exceed the five-year limit specified	43310
in division (A) of this section;	43311

(b) A more restrictive sanction under section 2929.16,	43312
2929.17, or 2929.18 of the Revised Code;	43313

(c) A prison term on the offender pursuant to section 2929.14	43314
of the Revised Code.	43315

(2) The prison term, if any, imposed upon a violator pursuant	43316
to this division shall be within the range of prison terms	43317
available for the offense for which the sanction that was violated	43318
was imposed and shall not exceed the prison term specified in the	43319
notice provided to the offender at the sentencing hearing pursuant	43320
to division (B)(2) of section 2929.19 of the Revised Code. The	43321
court may reduce the longer period of time that the offender is	43322
required to spend under the longer sanction, the more restrictive	43323
sanction, or a prison term imposed pursuant to this division by	43324
the time the offender successfully spent under the sanction that	43325
was initially imposed.	43326

(C) If an offender, for a significant period of time,	43327
fulfills the conditions of a sanction imposed pursuant to section	43328
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	43329
manner, the court may reduce the period of time under the sanction	43330
or impose a less restrictive sanction, but the court shall not	43331
permit the offender to violate any law or permit the offender to	43332
leave the state without the permission of the court or the	43333
offender's probation officer.	43334

(D)(1) If a court under division (A)(1) of this section	43335
imposes a condition of release under a community control sanction	43336
that requires the offender to submit to random drug testing, the	43337
department of probation or the adult parole authority that has	43338
general control and supervision of the offender under division	43339
(A)(2)(a) of this section may cause the offender to submit to	43340
random drug testing performed by a laboratory or entity that has	43341
entered into a contract with any of the governmental entities or	43342
officers authorized to enter into a contract with that laboratory	43343
or entity under section 341.26, 753.33, or 5120.63 of the Revised	43344
Code.	43345

(2) If no laboratory or entity described in division (D)(1)	43346
of this section has entered into a contract as specified in that	43347
division, the department of probation or the adult parole	43348
authority that has general control and supervision of the offender	43349
under division (A)(2)(a) of this section shall cause the offender	43350
to submit to random drug testing performed by a reputable public	43351
laboratory to determine whether the individual who is the subject	43352
of the drug test ingested or was injected with a drug of abuse.	43353

(3) A laboratory or entity that has entered into a contract	43354
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	43355
shall perform the random drug tests under division (D)(1) of this	43356
section in accordance with the applicable standards that are	43357
included in the terms of that contract. A public laboratory shall	43358
perform the random drug tests under division (D)(2) of this	43359
section in accordance with the standards set forth in the policies	43360
and procedures established by the department of rehabilitation and	43361
correction pursuant to section 5120.63 of the Revised Code. An	43362
offender who is required under division (A)(1) of this section to	43363
submit to random drug testing as a condition of release under a	43364
community control sanction and whose test results indicate that	43365
the offender ingested or was injected with a drug of abuse shall	43366
pay the fee for the drug test if the department of probation or	43367
the adult parole authority that has general control and	43368
supervision of the offender requires payment of a fee. A	43369
laboratory or entity that performs the random drug testing on an	43370
offender under division (D)(1) or (2) of this section shall	43371
transmit the results of the drug test to the appropriate	43372
department of probation or the adult parole authority that has	43373
general control and supervision of the offender under division	43374
(A)(2)(a) of this section.	43375

Sec. 2930.01. As used in this chapter:

43376

(A) "Crime" means any of the following:

43377

(1) A felony;

43378

(2) A violation of section 2903.05, 2903.06, 2903.13,	43379
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	43380
Revised Code, a violation of section 2903.07 of the Revised Code	43381
as it existed prior to March 23, 2000, or a violation of a	43382
substantially equivalent municipal ordinance;	43383

(3) A violation of division (A) or (B) of section 4511.19,	43384
division (A) or (B) of section 1547.11, or division (A)(3) of	43385
section 4561.15 of the Revised Code or of a municipal ordinance	43386
substantially similar to any of those divisions that is the	43387
proximate cause of a vehicle, streetcar, trackless trolley,	43388
aquatic device, or aircraft accident in which the victim receives	43389
injuries for which the victim receives medical treatment either at	43390
the scene of the accident by emergency medical services personnel	43391
or at a hospital, ambulatory care facility, physician's office,	43392
specialist's office, or other medical care facility.	43393

(4) A motor vehicle accident to which both of the following	43394
apply:	43395

(a) The motor vehicle accident is caused by a violation of a	43396
provision of the Revised Code that is a misdemeanor of the first	43397
degree or higher.	43398

(b) As a result of the motor vehicle accident, the victim	43399
receives injuries for which the victim receives medical treatment	43400
either at the scene of the accident by emergency medical services	43401
personnel or at a hospital, ambulatory care facility, physician's	43402
office, specialist's office, or other medical care facility.	43403

(B) "Custodial agency" means one of the following:

43404

(1) The entity that has custody of a defendant or an alleged	43405
juvenile offender who is incarcerated for a crime, is under	43406
detention for the commission of a specified delinquent act, or who	43407
is detained after a finding of incompetence to stand trial or not	43408
guilty by reason of insanity relative to a crime, including any of	43409
the following:	43410

(a) The department of rehabilitation and correction or the	43411
adult parole authority;	43412

(b) A county sheriff;

43413

(c) The entity that administers a jail, as defined in section	43414
2929.01 of the Revised Code;	43415

(d) The entity that administers a community-based	43416
correctional facility and program or a district community-based	43417
correctional facility and program;	43418

(e) The department of ~~mental health~~mental health and	43419
addiction services or other entity to which a defendant found	43420
incompetent to stand trial or not guilty by reason of insanity is	43421
committed.	43422

(2) The entity that has custody of an alleged juvenile	43423
offender pursuant to an order of disposition of a juvenile court,	43424
including the department of youth services or a school, camp,	43425
institution, or other facility operated for the care of delinquent	43426
children.	43427

(C) "Defendant" means a person who is alleged to be the	43428
perpetrator of a crime in a police report or in a complaint,	43429
indictment, or information that charges the commission of a crime	43430
and that provides the basis for the criminal prosecution and	43431
subsequent proceedings to which this chapter makes reference.	43432

(D) "Member of the victim's family" means a spouse, child,	43433
stepchild, sibling, parent, stepparent, grandparent, or other	43434
relative of a victim but does not include a person who is charged	43435
with, convicted of, or adjudicated to be a delinquent child for	43436
the crime or specified delinquent act against the victim or	43437
another crime or specified delinquent act arising from the same	43438
conduct, criminal episode, or plan.	43439

(E) "Prosecutor" means one of the following:

43440

(1) With respect to a criminal case, it has the same meaning	43441
as in section 2935.01 of the Revised Code and also includes the	43442
attorney general and, when appropriate, the employees of any	43443
person listed in section 2935.01 of the Revised Code or of the	43444
attorney general.	43445

(2) With respect to a delinquency proceeding, it includes any	43446
person listed in division (C) of section 2935.01 of the Revised	43447
Code or an employee of a person listed in that division who	43448
prosecutes a delinquency proceeding.	43449

(F) "Public agency" means an office, agency, department,	43450
bureau, or other governmental entity of the state or of a	43451
political subdivision of the state.	43452

(G) "Public official" has the same meaning as in section	43453
2921.01 of the Revised Code.	43454

(H) "Victim" means either of the following:

43455

(1) A person who is identified as the victim of a crime or	43456
specified delinquent act in a police report or in a complaint,	43457
indictment, or information that charges the commission of a crime	43458
and that provides the basis for the criminal prosecution or	43459
delinquency proceeding and subsequent proceedings to which this	43460
chapter makes reference.	43461

(2) A person who receives injuries as a result of a vehicle,	43462
streetcar, trackless trolley, aquatic device, or aircraft accident	43463
that is proximately caused by a violation described in division	43464
(A)(3) of this section or a motor vehicle accident that is	43465
proximately caused by a violation described in division (A)(4) of	43466
this section and who receives medical treatment as described in	43467
division (A)(3) or (4) of this section, whichever is applicable.	43468

(I) "Victim's representative" means a member of the victim's	43469
family or another person who pursuant to the authority of section	43470
2930.02 of the Revised Code exercises the rights of a victim under	43471
this chapter.	43472

(J) "Court" means a court of common pleas, juvenile court,	43473
municipal court, or county court.	43474

(K) "Delinquency proceeding" means all proceedings in a	43475
juvenile court that are related to a case in which a complaint has	43476
been filed alleging that a child is a delinquent child.	43477

(L) "Case" means a delinquency proceeding and all related	43478
activity or a criminal prosecution and all related activity.	43479

(M) The "defense" means the defense against criminal charges	43480
in a criminal prosecution or the defense against a delinquent	43481
child complaint in a delinquency proceeding.	43482

(N) The "prosecution" means the prosecution of criminal	43483
charges in a criminal prosecution or the prosecution of a	43484
delinquent child complaint in a delinquency proceeding.	43485

(O) "Specified delinquent act" means any of the following:

43486

(1) An act committed by a child that if committed by an adult	43487
would be a felony;	43488

(2) An act committed by a child that is a violation of a	43489
section listed in division (A)(1) or (2) of this section or is a	43490
violation of a substantially equivalent municipal ordinance;	43491

(3) An act committed by a child that is described in division	43492
(A)(3) or (4) of this section.	43493

(P)(1) "Alleged juvenile offender" means a child who is	43494
alleged to have committed a specified delinquent act in a police	43495
report or in a complaint in juvenile court that charges the	43496
commission of a specified delinquent act and that provides the	43497
basis for the delinquency proceeding and all subsequent	43498
proceedings to which this chapter makes reference.	43499

(2) As used in divisions (O) and (P)(1) of this section,	43500
"child" has the same meaning as in section 2151.011 of the Revised	43501
Code.	43502

(Q) "Motor vehicle accident" means any accident involving a	43503
motor vehicle.	43504

(R) "Motor vehicle" has the same meaning as in section	43505
4509.01 of the Revised Code.	43506

(S) "Aircraft" has the same meaning as in section 4561.01 of	43507
the Revised Code.	43508

(T) "Aquatic device" means any vessel, or any water skis,	43509
aquaplane, or similar device.	43510

(U) "Vehicle," "streetcar," and "trackless trolley" have the	43511
same meanings as in section 4511.01 of the Revised Code.	43512

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	43513
or aircraft accident" means any accident involving a vehicle,	43514
streetcar, trackless trolley, aquatic device, or aircraft.	43515

(W) "Vessel" has the same meaning as in section 1547.01 of	43516
the Revised Code.	43517

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	43518
deputy marshal, municipal police officer, township constable,	43519
police officer of a township or joint police district, member of a	43520
police force employed by a metropolitan housing authority under	43521
division (D) of section 3735.31 of the Revised Code, member of a	43522
police force employed by a regional transit authority under	43523
division (Y) of section 306.35 of the Revised Code, state	43524
university law enforcement officer appointed under section 3345.04	43525
of the Revised Code, veterans' home police officer appointed under	43526
section 5907.02 of the Revised Code, special police officer	43527
employed by a port authority under section 4582.04 or 4582.28 of	43528
the Revised Code, or a special police officer employed by a	43529
municipal corporation at a municipal airport, or other municipal	43530
air navigation facility, that has scheduled operations, as defined	43531
in section 119.3 of Title 14 of the Code of Federal Regulations,	43532
14 C.F.R. 119.3, as amended, and that is required to be under a	43533
security program and is governed by aviation security rules of the	43534
transportation security administration of the United States	43535
department of transportation as provided in Parts 1542. and 1544.	43536
of Title 49 of the Code of Federal Regulations, as amended, shall	43537
arrest and detain, until a warrant can be obtained, a person found	43538
violating, within the limits of the political subdivision,	43539
metropolitan housing authority housing project, regional transit	43540
authority facilities or areas of a municipal corporation that have	43541
been agreed to by a regional transit authority and a municipal	43542
corporation located within its territorial jurisdiction, college,	43543
university, veterans' home operated under Chapter 5907. of the	43544
Revised Code, port authority, or municipal airport or other	43545
municipal air navigation facility, in which the peace officer is	43546
appointed, employed, or elected, a law of this state, an ordinance	43547
of a municipal corporation, or a resolution of a township.	43548

(2) A peace officer of the department of natural resources, a	43549
state fire marshal law enforcement officer described in division	43550
(A)(23) of section 109.71 of the Revised Code, or an individual	43551
designated to perform law enforcement duties under section	43552
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	43553
detain, until a warrant can be obtained, a person found violating,	43554
within the limits of the peace officer's, state fire marshal law	43555
enforcement officer's, or individual's territorial jurisdiction, a	43556
law of this state.	43557

(3) The house sergeant at arms, if the house sergeant at arms	43558
has arrest authority pursuant to division (E)(1) of section	43559
101.311 of the Revised Code, and an assistant house sergeant at	43560
arms shall arrest and detain, until a warrant can be obtained, a	43561
person found violating, within the limits of the sergeant at	43562
arms's or assistant sergeant at arms's territorial jurisdiction	43563
specified in division (D)(1)(a) of section 101.311 of the Revised	43564
Code or while providing security pursuant to division (D)(1)(f) of	43565
section 101.311 of the Revised Code, a law of this state, an	43566
ordinance of a municipal corporation, or a resolution of a	43567
township.	43568

(4) The senate sergeant at arms and an assistant senate	43569
sergeant at arms shall arrest and detain, until a warrant can be	43570
obtained, a person found violating, within the limits of the	43571
sergeant at arms's or assistant sergeant at arms's territorial	43572
jurisdiction specified in division (B) of section 101.312 of the	43573
Revised Code, a law of this state, an ordinance of a municipal	43574
corporation, or a resolution of a township.	43575

(B)(1) When there is reasonable ground to believe that an	43576
offense of violence, the offense of criminal child enticement as	43577
defined in section 2905.05 of the Revised Code, the offense of	43578
public indecency as defined in section 2907.09 of the Revised	43579
Code, the offense of domestic violence as defined in section	43580
2919.25 of the Revised Code, the offense of violating a protection	43581
order as defined in section 2919.27 of the Revised Code, the	43582
offense of menacing by stalking as defined in section 2903.211 of	43583
the Revised Code, the offense of aggravated trespass as defined in	43584
section 2911.211 of the Revised Code, a theft offense as defined	43585
in section 2913.01 of the Revised Code, or a felony drug abuse	43586
offense as defined in section 2925.01 of the Revised Code, has	43587
been committed within the limits of the political subdivision,	43588
metropolitan housing authority housing project, regional transit	43589
authority facilities or those areas of a municipal corporation	43590
that have been agreed to by a regional transit authority and a	43591
municipal corporation located within its territorial jurisdiction,	43592
college, university, veterans' home operated under Chapter 5907.	43593
of the Revised Code, port authority, or municipal airport or other	43594
municipal air navigation facility, in which the peace officer is	43595
appointed, employed, or elected or within the limits of the	43596
territorial jurisdiction of the peace officer, a peace officer	43597
described in division (A) of this section may arrest and detain	43598
until a warrant can be obtained any person who the peace officer	43599
has reasonable cause to believe is guilty of the violation.	43600

(2) For purposes of division (B)(1) of this section, the	43601
execution of any of the following constitutes reasonable ground to	43602
believe that the offense alleged in the statement was committed	43603
and reasonable cause to believe that the person alleged in the	43604
statement to have committed the offense is guilty of the	43605
violation:	43606

(a) A written statement by a person alleging that an alleged	43607
offender has committed the offense of menacing by stalking or	43608
aggravated trespass;	43609

(b) A written statement by the administrator of the	43610
interstate compact on mental health appointed under section	43611
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	43612
been hospitalized, institutionalized, or confined in any facility	43613
under an order made pursuant to or under authority of section	43614
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43615
2945.402 of the Revised Code has escaped from the facility, from	43616
confinement in a vehicle for transportation to or from the	43617
facility, or from supervision by an employee of the facility that	43618
is incidental to hospitalization, institutionalization, or	43619
confinement in the facility and that occurs outside of the	43620
facility, in violation of section 2921.34 of the Revised Code;	43621

(c) A written statement by the administrator of any facility	43622
in which a person has been hospitalized, institutionalized, or	43623
confined under an order made pursuant to or under authority of	43624
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43625
2945.402 of the Revised Code alleging that the person has escaped	43626
from the facility, from confinement in a vehicle for	43627
transportation to or from the facility, or from supervision by an	43628
employee of the facility that is incidental to hospitalization,	43629
institutionalization, or confinement in the facility and that	43630
occurs outside of the facility, in violation of section 2921.34 of	43631
the Revised Code.	43632

(3)(a) For purposes of division (B)(1) of this section, a	43633
peace officer described in division (A) of this section has	43634
reasonable grounds to believe that the offense of domestic	43635
violence or the offense of violating a protection order has been	43636
committed and reasonable cause to believe that a particular person	43637
is guilty of committing the offense if any of the following	43638
occurs:	43639

(i) A person executes a written statement alleging that the	43640
person in question has committed the offense of domestic violence	43641
or the offense of violating a protection order against the person	43642
who executes the statement or against a child of the person who	43643
executes the statement.	43644

(ii) No written statement of the type described in division	43645
(B)(3)(a)(i) of this section is executed, but the peace officer,	43646
based upon the peace officer's own knowledge and observation of	43647
the facts and circumstances of the alleged incident of the offense	43648
of domestic violence or the alleged incident of the offense of	43649
violating a protection order or based upon any other information,	43650
including, but not limited to, any reasonably trustworthy	43651
information given to the peace officer by the alleged victim of	43652
the alleged incident of the offense or any witness of the alleged	43653
incident of the offense, concludes that there are reasonable	43654
grounds to believe that the offense of domestic violence or the	43655
offense of violating a protection order has been committed and	43656
reasonable cause to believe that the person in question is guilty	43657
of committing the offense.	43658

(iii) No written statement of the type described in division	43659
(B)(3)(a)(i) of this section is executed, but the peace officer	43660
witnessed the person in question commit the offense of domestic	43661
violence or the offense of violating a protection order.	43662

(b) If pursuant to division (B)(3)(a) of this section a peace	43663
officer has reasonable grounds to believe that the offense of	43664
domestic violence or the offense of violating a protection order	43665
has been committed and reasonable cause to believe that a	43666
particular person is guilty of committing the offense, it is the	43667
preferred course of action in this state that the officer arrest	43668
and detain that person pursuant to division (B)(1) of this section	43669
until a warrant can be obtained.	43670

If pursuant to division (B)(3)(a) of this section a peace	43671
officer has reasonable grounds to believe that the offense of	43672
domestic violence or the offense of violating a protection order	43673
has been committed and reasonable cause to believe that family or	43674
household members have committed the offense against each other,	43675
it is the preferred course of action in this state that the	43676
officer, pursuant to division (B)(1) of this section, arrest and	43677
detain until a warrant can be obtained the family or household	43678
member who committed the offense and whom the officer has	43679
reasonable cause to believe is the primary physical aggressor.	43680
There is no preferred course of action in this state regarding any	43681
other family or household member who committed the offense and	43682
whom the officer does not have reasonable cause to believe is the	43683
primary physical aggressor, but, pursuant to division (B)(1) of	43684
this section, the peace officer may arrest and detain until a	43685
warrant can be obtained any other family or household member who	43686
committed the offense and whom the officer does not have	43687
reasonable cause to believe is the primary physical aggressor.	43688

(c) If a peace officer described in division (A) of this	43689
section does not arrest and detain a person whom the officer has	43690
reasonable cause to believe committed the offense of domestic	43691
violence or the offense of violating a protection order when it is	43692
the preferred course of action in this state pursuant to division	43693
(B)(3)(b) of this section that the officer arrest that person, the	43694
officer shall articulate in the written report of the incident	43695
required by section 2935.032 of the Revised Code a clear statement	43696
of the officer's reasons for not arresting and detaining that	43697
person until a warrant can be obtained.	43698

(d) In determining for purposes of division (B)(3)(b) of this	43699
section which family or household member is the primary physical	43700
aggressor in a situation in which family or household members have	43701
committed the offense of domestic violence or the offense of	43702
violating a protection order against each other, a peace officer	43703
described in division (A) of this section, in addition to any	43704
other relevant circumstances, should consider all of the	43705
following:	43706

(i) Any history of domestic violence or of any other violent	43707
acts by either person involved in the alleged offense that the	43708
officer reasonably can ascertain;	43709

(ii) If violence is alleged, whether the alleged violence was	43710
caused by a person acting in self-defense;	43711

(iii) Each person's fear of physical harm, if any, resulting	43712
from the other person's threatened use of force against any person	43713
or resulting from the other person's use or history of the use of	43714
force against any person, and the reasonableness of that fear;	43715

(iv) The comparative severity of any injuries suffered by the	43716
persons involved in the alleged offense.	43717

(e)(i) A peace officer described in division (A) of this	43718
section shall not require, as a prerequisite to arresting or	43719
charging a person who has committed the offense of domestic	43720
violence or the offense of violating a protection order, that the	43721
victim of the offense specifically consent to the filing of	43722
charges against the person who has committed the offense or sign a	43723
complaint against the person who has committed the offense.	43724

(ii) If a person is arrested for or charged with committing	43725
the offense of domestic violence or the offense of violating a	43726
protection order and if the victim of the offense does not	43727
cooperate with the involved law enforcement or prosecuting	43728
authorities in the prosecution of the offense or, subsequent to	43729
the arrest or the filing of the charges, informs the involved law	43730
enforcement or prosecuting authorities that the victim does not	43731
wish the prosecution of the offense to continue or wishes to drop	43732
charges against the alleged offender relative to the offense, the	43733
involved prosecuting authorities, in determining whether to	43734
continue with the prosecution of the offense or whether to dismiss	43735
charges against the alleged offender relative to the offense and	43736
notwithstanding the victim's failure to cooperate or the victim's	43737
wishes, shall consider all facts and circumstances that are	43738
relevant to the offense, including, but not limited to, the	43739
statements and observations of the peace officers who responded to	43740
the incident that resulted in the arrest or filing of the charges	43741
and of all witnesses to that incident.	43742

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	43743
this section whether to arrest a person pursuant to division	43744
(B)(1) of this section, a peace officer described in division (A)	43745
of this section shall not consider as a factor any possible	43746
shortage of cell space at the detention facility to which the	43747
person will be taken subsequent to the person's arrest or any	43748
possibility that the person's arrest might cause, contribute to,	43749
or exacerbate overcrowding at that detention facility or at any	43750
other detention facility.	43751

(g) If a peace officer described in division (A) of this	43752
section intends pursuant to divisions (B)(3)(a) to (g) of this	43753
section to arrest a person pursuant to division (B)(1) of this	43754
section and if the officer is unable to do so because the person	43755
is not present, the officer promptly shall seek a warrant for the	43756
arrest of the person.	43757

(h) If a peace officer described in division (A) of this	43758
section responds to a report of an alleged incident of the offense	43759
of domestic violence or an alleged incident of the offense of	43760
violating a protection order and if the circumstances of the	43761
incident involved the use or threatened use of a deadly weapon or	43762
any person involved in the incident brandished a deadly weapon	43763
during or in relation to the incident, the deadly weapon that was	43764
used, threatened to be used, or brandished constitutes contraband,	43765
and, to the extent possible, the officer shall seize the deadly	43766
weapon as contraband pursuant to Chapter 2981. of the Revised	43767
Code. Upon the seizure of a deadly weapon pursuant to division	43768
(B)(3)(h) of this section, section 2981.12 of the Revised Code	43769
shall apply regarding the treatment and disposition of the deadly	43770
weapon. For purposes of that section, the "underlying criminal	43771
offense" that was the basis of the seizure of a deadly weapon	43772
under division (B)(3)(h) of this section and to which the deadly	43773
weapon had a relationship is any of the following that is	43774
applicable:	43775

(i) The alleged incident of the offense of domestic violence	43776
or the alleged incident of the offense of violating a protection	43777
order to which the officer who seized the deadly weapon responded;	43778

(ii) Any offense that arose out of the same facts and	43779
circumstances as the report of the alleged incident of the offense	43780
of domestic violence or the alleged incident of the offense of	43781
violating a protection order to which the officer who seized the	43782
deadly weapon responded.	43783

(4) If, in the circumstances described in divisions (B)(3)(a)	43784
to (g) of this section, a peace officer described in division (A)	43785
of this section arrests and detains a person pursuant to division	43786
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	43787
this section, a peace officer described in division (A) of this	43788
section seizes a deadly weapon, the officer, to the extent	43789
described in and in accordance with section 9.86 or 2744.03 of the	43790
Revised Code, is immune in any civil action for damages for	43791
injury, death, or loss to person or property that arises from or	43792
is related to the arrest and detention or the seizure.	43793

(C) When there is reasonable ground to believe that a	43794
violation of division (A)(1), (2), (3), (4), or (5) of section	43795
4506.15 or a violation of section 4511.19 of the Revised Code has	43796
been committed by a person operating a motor vehicle subject to	43797
regulation by the public utilities commission of Ohio under Title	43798
XLIX of the Revised Code, a peace officer with authority to	43799
enforce that provision of law may stop or detain the person whom	43800
the officer has reasonable cause to believe was operating the	43801
motor vehicle in violation of the division or section and, after	43802
investigating the circumstances surrounding the operation of the	43803
vehicle, may arrest and detain the person.	43804

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	43805
municipal police officer, member of a police force employed by a	43806
metropolitan housing authority under division (D) of section	43807
3735.31 of the Revised Code, member of a police force employed by	43808
a regional transit authority under division (Y) of section 306.35	43809
of the Revised Code, special police officer employed by a port	43810
authority under section 4582.04 or 4582.28 of the Revised Code,	43811
special police officer employed by a municipal corporation at a	43812
municipal airport or other municipal air navigation facility	43813
described in division (A) of this section, township constable,	43814
police officer of a township or joint police district, state	43815
university law enforcement officer appointed under section 3345.04	43816
of the Revised Code, peace officer of the department of natural	43817
resources, individual designated to perform law enforcement duties	43818
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	43819
the house sergeant at arms if the house sergeant at arms has	43820
arrest authority pursuant to division (E)(1) of section 101.311 of	43821
the Revised Code, or an assistant house sergeant at arms is	43822
authorized by division (A) or (B) of this section to arrest and	43823
detain, within the limits of the political subdivision,	43824
metropolitan housing authority housing project, regional transit	43825
authority facilities or those areas of a municipal corporation	43826
that have been agreed to by a regional transit authority and a	43827
municipal corporation located within its territorial jurisdiction,	43828
port authority, municipal airport or other municipal air	43829
navigation facility, college, or university in which the officer	43830
is appointed, employed, or elected or within the limits of the	43831
territorial jurisdiction of the peace officer, a person until a	43832
warrant can be obtained, the peace officer, outside the limits of	43833
that territory, may pursue, arrest, and detain that person until a	43834
warrant can be obtained if all of the following apply:	43835

(1) The pursuit takes place without unreasonable delay after	43836
the offense is committed;	43837

(2) The pursuit is initiated within the limits of the	43838
political subdivision, metropolitan housing authority housing	43839
project, regional transit authority facilities or those areas of a	43840
municipal corporation that have been agreed to by a regional	43841
transit authority and a municipal corporation located within its	43842
territorial jurisdiction, port authority, municipal airport or	43843
other municipal air navigation facility, college, or university in	43844
which the peace officer is appointed, employed, or elected or	43845
within the limits of the territorial jurisdiction of the peace	43846
officer;	43847

(3) The offense involved is a felony, a misdemeanor of the	43848
first degree or a substantially equivalent municipal ordinance, a	43849
misdemeanor of the second degree or a substantially equivalent	43850
municipal ordinance, or any offense for which points are	43851
chargeable pursuant to section 4510.036 of the Revised Code.	43852

(E) In addition to the authority granted under division (A)	43853
or (B) of this section:	43854

(1) A sheriff or deputy sheriff may arrest and detain, until	43855
a warrant can be obtained, any person found violating section	43856
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	43857
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	43858
portion of any street or highway that is located immediately	43859
adjacent to the boundaries of the county in which the sheriff or	43860
deputy sheriff is elected or appointed.	43861

(2) A member of the police force of a township police	43862
district created under section 505.48 of the Revised Code, a	43863
member of the police force of a joint police district created	43864
under section 505.482 of the Revised Code, or a township constable	43865
appointed in accordance with section 509.01 of the Revised Code,	43866
who has received a certificate from the Ohio peace officer	43867
training commission under section 109.75 of the Revised Code, may	43868
arrest and detain, until a warrant can be obtained, any person	43869
found violating any section or chapter of the Revised Code listed	43870
in division (E)(1) of this section, other than sections 4513.33	43871
and 4513.34 of the Revised Code, on the portion of any street or	43872
highway that is located immediately adjacent to the boundaries of	43873
the township police district or joint police district, in the case	43874
of a member of a township police district or joint police district	43875
police force, or the unincorporated territory of the township, in	43876
the case of a township constable. However, if the population of	43877
the township that created the township police district served by	43878
the member's police force, or the townships and municipal	43879
corporations that created the joint police district served by the	43880
member's police force, or the township that is served by the	43881
township constable, is sixty thousand or less, the member of the	43882
township police district or joint police district police force or	43883
the township constable may not make an arrest under division	43884
(E)(2) of this section on a state highway that is included as part	43885
of the interstate system.	43886

(3) A police officer or village marshal appointed, elected,	43887
or employed by a municipal corporation may arrest and detain,	43888
until a warrant can be obtained, any person found violating any	43889
section or chapter of the Revised Code listed in division (E)(1)	43890
of this section on the portion of any street or highway that is	43891
located immediately adjacent to the boundaries of the municipal	43892
corporation in which the police officer or village marshal is	43893
appointed, elected, or employed.	43894

(4) A peace officer of the department of natural resources, a	43895
state fire marshal law enforcement officer described in division	43896
(A)(23) of section 109.71 of the Revised Code, or an individual	43897
designated to perform law enforcement duties under section	43898
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	43899
detain, until a warrant can be obtained, any person found	43900
violating any section or chapter of the Revised Code listed in	43901
division (E)(1) of this section, other than sections 4513.33 and	43902
4513.34 of the Revised Code, on the portion of any street or	43903
highway that is located immediately adjacent to the boundaries of	43904
the lands and waters that constitute the territorial jurisdiction	43905
of the peace officer or state fire marshal law enforcement	43906
officer.	43907

(F)(1) A department of ~~mental health~~mental health and	43908
addiction services special police officer or a department of	43909
developmental disabilities special police officer may arrest	43910
without a warrant and detain until a warrant can be obtained any	43911
person found committing on the premises of any institution under	43912
the jurisdiction of the particular department a misdemeanor under	43913
a law of the state.	43914

A department of ~~mental health~~mental health and addiction	43915
services special police officer or a department of developmental	43916
disabilities special police officer may arrest without a warrant	43917
and detain until a warrant can be obtained any person who has been	43918
hospitalized, institutionalized, or confined in an institution	43919
under the jurisdiction of the particular department pursuant to or	43920
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43921
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	43922
found committing on the premises of any institution under the	43923
jurisdiction of the particular department a violation of section	43924
2921.34 of the Revised Code that involves an escape from the	43925
premises of the institution.	43926

(2)(a) If a department of ~~mental health~~mental health and	43927
addiction services special police officer or a department of	43928
developmental disabilities special police officer finds any person	43929
who has been hospitalized, institutionalized, or confined in an	43930
institution under the jurisdiction of the particular department	43931
pursuant to or under authority of section 2945.37, 2945.371,	43932
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	43933
Code committing a violation of section 2921.34 of the Revised Code	43934
that involves an escape from the premises of the institution, or	43935
if there is reasonable ground to believe that a violation of	43936
section 2921.34 of the Revised Code has been committed that	43937
involves an escape from the premises of an institution under the	43938
jurisdiction of the department of ~~mental health~~mental health and	43939
addiction services or the department of developmental disabilities	43940
and if a department of ~~mental health~~mental health and addiction	43941
services special police officer or a department of developmental	43942
disabilities special police officer has reasonable cause to	43943
believe that a particular person who has been hospitalized,	43944
institutionalized, or confined in the institution pursuant to or	43945
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43946
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	43947
the violation, the special police officer, outside of the premises	43948
of the institution, may pursue, arrest, and detain that person for	43949
that violation of section 2921.34 of the Revised Code, until a	43950
warrant can be obtained, if both of the following apply:	43951

(i) The pursuit takes place without unreasonable delay after	43952
the offense is committed;	43953

(ii) The pursuit is initiated within the premises of the	43954
institution from which the violation of section 2921.34 of the	43955
Revised Code occurred.	43956

(b) For purposes of division (F)(2)(a) of this section, the	43957
execution of a written statement by the administrator of the	43958
institution in which a person had been hospitalized,	43959
institutionalized, or confined pursuant to or under authority of	43960
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43961
2945.402 of the Revised Code alleging that the person has escaped	43962
from the premises of the institution in violation of section	43963
2921.34 of the Revised Code constitutes reasonable ground to	43964
believe that the violation was committed and reasonable cause to	43965
believe that the person alleged in the statement to have committed	43966
the offense is guilty of the violation.	43967

(G) As used in this section:

43968

(1) A "department of ~~mental health~~mental health and	43969
addiction services special police officer" means a special police	43970
officer of the department of ~~mental health~~mental health and	43971
addiction services designated under section ~~5119.14~~5119.08 of the	43972
Revised Code who is certified by the Ohio peace officer training	43973
commission under section 109.77 of the Revised Code as having	43974
successfully completed an approved peace officer basic training	43975
program.	43976

(2) A "department of developmental disabilities special	43977
police officer" means a special police officer of the department	43978
of developmental disabilities designated under section 5123.13 of	43979
the Revised Code who is certified by the Ohio peace officer	43980
training council under section 109.77 of the Revised Code as	43981
having successfully completed an approved peace officer basic	43982
training program.	43983

(3) "Deadly weapon" has the same meaning as in section	43984
2923.11 of the Revised Code.	43985

(4) "Family or household member" has the same meaning as in	43986
section 2919.25 of the Revised Code.	43987

(5) "Street" or "highway" has the same meaning as in section	43988
4511.01 of the Revised Code.	43989

(6) "Interstate system" has the same meaning as in section	43990
5516.01 of the Revised Code.	43991

(7) "Peace officer of the department of natural resources"	43992
means an employee of the department of natural resources who is a	43993
natural resources law enforcement staff officer designated	43994
pursuant to section 1501.013 of the Revised Code, a forest officer	43995
designated pursuant to section 1503.29 of the Revised Code, a	43996
preserve officer designated pursuant to section 1517.10 of the	43997
Revised Code, a wildlife officer designated pursuant to section	43998
1531.13 of the Revised Code, a park officer designated pursuant to	43999
section 1541.10 of the Revised Code, or a state watercraft officer	44000
designated pursuant to section 1547.521 of the Revised Code.	44001

(8) "Portion of any street or highway" means all lanes of the	44002
street or highway irrespective of direction of travel, including	44003
designated turn lanes, and any berm, median, or shoulder.	44004

Sec. 2935.33. (A) If a person charged with a misdemeanor is	44005
taken before a judge of a court of record and if it appears to the	44006
judge that the person is an alcoholic or is suffering from acute	44007
alcohol intoxication and that the person would benefit from	44008
services provided by ~~an alcohol and drug~~a community addiction	44009
~~program~~services provider certified under Chapter ~~3793.~~5119. of	44010
the Revised Code, the judge may place the person temporarily in a	44011
~~program~~services provider certified under that chapter in the area	44012
in which the court has jurisdiction for inpatient care and	44013
treatment for an indefinite period not exceeding five days. The	44014
commitment does not limit the right to release on bail. The judge	44015
may dismiss a charge of a violation of division (B) of section	44016
2917.11 of the Revised Code or of a municipal ordinance	44017
substantially equivalent to that division if the defendant	44018
complies with all the conditions of treatment ordered by the	44019
court.	44020

The court may order that any fines or court costs collected	44021
by the court from defendants who have received inpatient care from	44022
~~an alcohol and drug~~a community addiction ~~program~~services	44023
provider be paid, for the benefit of the program, to the board of	44024
alcohol, drug addiction, and mental health services of the	44025
alcohol, drug addiction, and mental health service district in	44026
which the ~~program~~services provider is located or to the director	44027
of ~~alcohol and drug addiction services~~mental health and addiction	44028
services.	44029

(B) If a person is being sentenced for a violation of	44030
division (B) of section 2917.11 or section 4511.19 of the Revised	44031
Code, a misdemeanor violation of section 2919.25 of the Revised	44032
Code, a misdemeanor violation of section 2919.27 of the Revised	44033
Code involving a protection order issued or consent agreement	44034
approved pursuant to section 2919.26 or 3113.31 of the Revised	44035
Code, or a violation of a municipal ordinance substantially	44036
equivalent to that division or any of those sections and if it	44037
appears to the judge at the time of sentencing that the person is	44038
an alcoholic or is suffering from acute alcohol intoxication and	44039
that, in lieu of imprisonment, the person would benefit from	44040
services provided by ~~an alcohol and drug~~a community addiction	44041
~~program~~services provider certified under Chapter ~~3793.~~5119. of	44042
the Revised Code, the court may commit the person to close	44043
supervision in any facility in the area in which the court has	44044
jurisdiction that is, or is operated by, such a ~~program~~services	44045
provider. Such close supervision may include outpatient services	44046
and part-time release, except that a person convicted of a	44047
violation of division (A) of section 4511.19 of the Revised Code	44048
shall be confined to the facility for at least three days and	44049
except that a person convicted of a misdemeanor violation of	44050
section 2919.25 of the Revised Code, a misdemeanor violation of	44051
section 2919.27 of the Revised Code involving a protection order	44052
issued or consent agreement approved pursuant to section 2919.26	44053
or 3113.31 of the Revised Code, or a violation of a substantially	44054
equivalent municipal ordinance shall be confined to the facility	44055
in accordance with the order of commitment. A commitment of a	44056
person to a facility for purposes of close supervision shall not	44057
exceed the maximum term for which the person could be imprisoned.	44058

(C) A law enforcement officer who finds a person subject to	44059
prosecution for violation of division (B) of section 2917.11 of	44060
the Revised Code or a municipal ordinance substantially equivalent	44061
to that division and who has reasonable cause to believe that the	44062
person is an alcoholic or is suffering from acute alcohol	44063
intoxication and would benefit from immediate treatment	44064
immediately may place the person in ~~an alcohol and drug~~a	44065
community addiction ~~program~~services provider certified under	44066
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	44067
person is found, for emergency treatment, in lieu of other arrest	44068
procedures, for a maximum period of forty-eight hours. During that	44069
time, if the person desires to leave such custody, the person	44070
shall be released forthwith.	44071

(D) As used in this section:

44072

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	44073
5119.01 of the Revised Code;	44074

(2) "Acute alcohol intoxication" means a heavy consumption of	44075
alcohol over a relatively short period of time, resulting in	44076
dysfunction of the brain centers controlling behavior, speech, and	44077
memory and causing characteristic withdrawal symptoms.	44078

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	44079
the Revised Code:	44080

(1) "Prosecutor" means a prosecuting attorney or a city	44081
director of law, village solicitor, or similar chief legal officer	44082
of a municipal corporation who has authority to prosecute a	44083
criminal case that is before the court or the criminal case in	44084
which a defendant in a criminal case has been found incompetent to	44085
stand trial or not guilty by reason of insanity.	44086

(2) "Examiner" means either of the following:

44087

(a) A psychiatrist or a licensed clinical psychologist who	44088
satisfies the criteria of division (I)(1) of section 5122.01 of	44089
the Revised Code or is employed by a certified forensic center	44090
designated by the department of ~~mental health~~mental health and	44091
addiction services to conduct examinations or evaluations.	44092

(b) For purposes of a separate mental retardation evaluation	44093
that is ordered by a court pursuant to division (H) of section	44094
2945.371 of the Revised Code, a psychologist designated by the	44095
director of developmental disabilities pursuant to that section to	44096
conduct that separate mental retardation evaluation.	44097

(3) "Nonsecured status" means any unsupervised, off-grounds	44098
movement or trial visit from a hospital or institution, or any	44099
conditional release, that is granted to a person who is found	44100
incompetent to stand trial and is committed pursuant to section	44101
2945.39 of the Revised Code or to a person who is found not guilty	44102
by reason of insanity and is committed pursuant to section 2945.40	44103
of the Revised Code.	44104

(4) "Unsupervised, off-grounds movement" includes only	44105
off-grounds privileges that are unsupervised and that have an	44106
expectation of return to the hospital or institution on a daily	44107
basis.	44108

(5) "Trial visit" means a patient privilege of a longer	44109
stated duration of unsupervised community contact with an	44110
expectation of return to the hospital or institution at designated	44111
times.	44112

(6) "Conditional release" means a commitment status under	44113
which the trial court at any time may revoke a person's	44114
conditional release and order the rehospitalization or	44115
reinstitutionalization of the person as described in division (A)	44116
of section 2945.402 of the Revised Code and pursuant to which a	44117
person who is found incompetent to stand trial or a person who is	44118
found not guilty by reason of insanity lives and receives	44119
treatment in the community for a period of time that does not	44120
exceed the maximum prison term or term of imprisonment that the	44121
person could have received for the offense in question had the	44122
person been convicted of the offense instead of being found	44123
incompetent to stand trial on the charge of the offense or being	44124
found not guilty by reason of insanity relative to the offense.	44125

(7) "Licensed clinical psychologist," "mentally ill person	44126
subject to hospitalization by court order," and "psychiatrist"	44127
have the same meanings as in section 5122.01 of the Revised Code.	44128

(8) "Mentally retarded person subject to institutionalization	44129
by court order" has the same meaning as in section 5123.01 of the	44130
Revised Code.	44131

(B) In a criminal action in a court of common pleas, a county	44132
court, or a municipal court, the court, prosecutor, or defense may	44133
raise the issue of the defendant's competence to stand trial. If	44134
the issue is raised before the trial has commenced, the court	44135
shall hold a hearing on the issue as provided in this section. If	44136
the issue is raised after the trial has commenced, the court shall	44137
hold a hearing on the issue only for good cause shown or on the	44138
court's own motion.	44139

(C) The court shall conduct the hearing required or	44140
authorized under division (B) of this section within thirty days	44141
after the issue is raised, unless the defendant has been referred	44142
for evaluation in which case the court shall conduct the hearing	44143
within ten days after the filing of the report of the evaluation	44144
or, in the case of a defendant who is ordered by the court	44145
pursuant to division (H) of section 2945.371 of the Revised Code	44146
to undergo a separate mental retardation evaluation conducted by a	44147
psychologist designated by the director of developmental	44148
disabilities, within ten days after the filing of the report of	44149
the separate mental retardation evaluation under that division. A	44150
hearing may be continued for good cause.	44151

(D) The defendant shall be represented by counsel at the	44152
hearing conducted under division (C) of this section. If the	44153
defendant is unable to obtain counsel, the court shall appoint	44154
counsel under Chapter 120. of the Revised Code or under the	44155
authority recognized in division (C) of section 120.06, division	44156
(E) of section 120.16, division (E) of section 120.26, or section	44157
2941.51 of the Revised Code before proceeding with the hearing.	44158

(E) The prosecutor and defense counsel may submit evidence on	44159
the issue of the defendant's competence to stand trial. A written	44160
report of the evaluation of the defendant may be admitted into	44161
evidence at the hearing by stipulation, but, if either the	44162
prosecution or defense objects to its admission, the report may be	44163
admitted under sections 2317.36 to 2317.38 of the Revised Code or	44164
any other applicable statute or rule.	44165

(F) The court shall not find a defendant incompetent to stand	44166
trial solely because the defendant is receiving or has received	44167
treatment as a voluntary or involuntary mentally ill patient under	44168
Chapter 5122. or a voluntary or involuntary mentally retarded	44169
resident under Chapter 5123. of the Revised Code or because the	44170
defendant is receiving or has received psychotropic drugs or other	44171
medication, even if the defendant might become incompetent to	44172
stand trial without the drugs or medication.	44173

(G) A defendant is presumed to be competent to stand trial.	44174
If, after a hearing, the court finds by a preponderance of the	44175
evidence that, because of the defendant's present mental	44176
condition, the defendant is incapable of understanding the nature	44177
and objective of the proceedings against the defendant or of	44178
assisting in the defendant's defense, the court shall find the	44179
defendant incompetent to stand trial and shall enter an order	44180
authorized by section 2945.38 of the Revised Code.	44181

(H) Municipal courts shall follow the procedures set forth in	44182
sections 2945.37 to 2945.402 of the Revised Code. Except as	44183
provided in section 2945.371 of the Revised Code, a municipal	44184
court shall not order an evaluation of the defendant's competence	44185
to stand trial or the defendant's mental condition at the time of	44186
the commission of the offense to be conducted at any hospital	44187
operated by the department of ~~mental health~~mental health and	44188
addiction services. Those evaluations shall be performed through	44189
community resources including, but not limited to, certified	44190
forensic centers, court probation departments, and community	44191
mental health ~~agencies~~services providers. All expenses of the	44192
evaluations shall be borne by the legislative authority of the	44193
municipal court, as defined in section 1901.03 of the Revised	44194
Code, and shall be taxed as costs in the case. If a defendant is	44195
found incompetent to stand trial or not guilty by reason of	44196
insanity, a municipal court may commit the defendant as provided	44197
in sections 2945.38 to 2945.402 of the Revised Code.	44198

Sec. 2945.371. (A) If the issue of a defendant's competence	44199
to stand trial is raised or if a defendant enters a plea of not	44200
guilty by reason of insanity, the court may order one or more	44201
evaluations of the defendant's present mental condition or, in the	44202
case of a plea of not guilty by reason of insanity, of the	44203
defendant's mental condition at the time of the offense charged.	44204
An examiner shall conduct the evaluation.	44205

(B) If the court orders more than one evaluation under	44206
division (A) of this section, the prosecutor and the defendant may	44207
recommend to the court an examiner whom each prefers to perform	44208
one of the evaluations. If a defendant enters a plea of not guilty	44209
by reason of insanity and if the court does not designate an	44210
examiner recommended by the defendant, the court shall inform the	44211
defendant that the defendant may have independent expert	44212
evaluation and that, if the defendant is unable to obtain	44213
independent expert evaluation, it will be obtained for the	44214
defendant at public expense if the defendant is indigent.	44215

(C) If the court orders an evaluation under division (A) of	44216
this section, the defendant shall be available at the times and	44217
places established by the examiners who are to conduct the	44218
evaluation. The court may order a defendant who has been released	44219
on bail or recognizance to submit to an evaluation under this	44220
section. If a defendant who has been released on bail or	44221
recognizance refuses to submit to a complete evaluation, the court	44222
may amend the conditions of bail or recognizance and order the	44223
sheriff to take the defendant into custody and deliver the	44224
defendant to a center, program, or facility operated or certified	44225
by the department of ~~mental health~~mental health and addiction	44226
services or the department of developmental disabilities where the	44227
defendant may be held for evaluation for a reasonable period of	44228
time not to exceed twenty days.	44229

(D) A defendant who has not been released on bail or	44230
recognizance may be evaluated at the defendant's place of	44231
detention. Upon the request of the examiner, the court may order	44232
the sheriff to transport the defendant to a program or facility	44233
operated or certified by the department of ~~mental health~~mental	44234
health and addiction services or the department of developmental	44235
disabilities, where the defendant may be held for evaluation for a	44236
reasonable period of time not to exceed twenty days, and to return	44237
the defendant to the place of detention after the evaluation. A	44238
municipal court may make an order under this division only upon	44239
the request of a certified forensic center examiner.	44240

(E) If a court orders the evaluation to determine a	44241
defendant's mental condition at the time of the offense charged,	44242
the court shall inform the examiner of the offense with which the	44243
defendant is charged.	44244

(F) In conducting an evaluation of a defendant's mental	44245
condition at the time of the offense charged, the examiner shall	44246
consider all relevant evidence. If the offense charged involves	44247
the use of force against another person, the relevant evidence to	44248
be considered includes, but is not limited to, any evidence that	44249
the defendant suffered, at the time of the commission of the	44250
offense, from the "battered woman syndrome."	44251

(G) The examiner shall file a written report with the court	44252
within thirty days after entry of a court order for evaluation,	44253
and the court shall provide copies of the report to the prosecutor	44254
and defense counsel. The report shall include all of the	44255
following:	44256

(1) The examiner's findings;

44257

(2) The facts in reasonable detail on which the findings are	44258
based;	44259

(3) If the evaluation was ordered to determine the	44260
defendant's competence to stand trial, all of the following	44261
findings or recommendations that are applicable:	44262

(a) Whether the defendant is capable of understanding the	44263
nature and objective of the proceedings against the defendant or	44264
of assisting in the defendant's defense;	44265

(b) If the examiner's opinion is that the defendant is	44266
incapable of understanding the nature and objective of the	44267
proceedings against the defendant or of assisting in the	44268
defendant's defense, whether the defendant presently is mentally	44269
ill or mentally retarded and, if the examiner's opinion is that	44270
the defendant presently is mentally retarded, whether the	44271
defendant appears to be a mentally retarded person subject to	44272
institutionalization by court order;	44273

(c) If the examiner's opinion is that the defendant is	44274
incapable of understanding the nature and objective of the	44275
proceedings against the defendant or of assisting in the	44276
defendant's defense, the examiner's opinion as to the likelihood	44277
of the defendant becoming capable of understanding the nature and	44278
objective of the proceedings against the defendant and of	44279
assisting in the defendant's defense within one year if the	44280
defendant is provided with a course of treatment;	44281

(d) If the examiner's opinion is that the defendant is	44282
incapable of understanding the nature and objective of the	44283
proceedings against the defendant or of assisting in the	44284
defendant's defense and that the defendant presently is mentally	44285
ill or mentally retarded, the examiner's recommendation as to the	44286
least restrictive placement or commitment alternative, consistent	44287
with the defendant's treatment needs for restoration to competency	44288
and with the safety of the community.	44289

(4) If the evaluation was ordered to determine the	44290
defendant's mental condition at the time of the offense charged,	44291
the examiner's findings as to whether the defendant, at the time	44292
of the offense charged, did not know, as a result of a severe	44293
mental disease or defect, the wrongfulness of the defendant's acts	44294
charged.	44295

(H) If the examiner's report filed under division (G) of this	44296
section indicates that in the examiner's opinion the defendant is	44297
incapable of understanding the nature and objective of the	44298
proceedings against the defendant or of assisting in the	44299
defendant's defense and that in the examiner's opinion the	44300
defendant appears to be a mentally retarded person subject to	44301
institutionalization by court order, the court shall order the	44302
defendant to undergo a separate mental retardation evaluation	44303
conducted by a psychologist designated by the director of	44304
developmental disabilities. Divisions (C) to (F) of this section	44305
apply in relation to a separate mental retardation evaluation	44306
conducted under this division. The psychologist appointed under	44307
this division to conduct the separate mental retardation	44308
evaluation shall file a written report with the court within	44309
thirty days after the entry of the court order requiring the	44310
separate mental retardation evaluation, and the court shall	44311
provide copies of the report to the prosecutor and defense	44312
counsel. The report shall include all of the information described	44313
in divisions (G)(1) to (4) of this section. If the court orders a	44314
separate mental retardation evaluation of a defendant under this	44315
division, the court shall not conduct a hearing under divisions	44316
(B) to (H) of section 2945.37 of the Revised Code regarding that	44317
defendant until a report of the separate mental retardation	44318
evaluation conducted under this division has been filed. Upon the	44319
filing of that report, the court shall conduct the hearing within	44320
the period of time specified in division (C) of section 2945.37 of	44321
the Revised Code.	44322

(I) An examiner appointed under divisions (A) and (B) of this	44323
section or under division (H) of this section to evaluate a	44324
defendant to determine the defendant's competence to stand trial	44325
also may be appointed to evaluate a defendant who has entered a	44326
plea of not guilty by reason of insanity, but an examiner of that	44327
nature shall prepare separate reports on the issue of competence	44328
to stand trial and the defense of not guilty by reason of	44329
insanity.	44330

(J) No statement that a defendant makes in an evaluation or	44331
hearing under divisions (A) to (H) of this section relating to the	44332
defendant's competence to stand trial or to the defendant's mental	44333
condition at the time of the offense charged shall be used against	44334
the defendant on the issue of guilt in any criminal action or	44335
proceeding, but, in a criminal action or proceeding, the	44336
prosecutor or defense counsel may call as a witness any person who	44337
evaluated the defendant or prepared a report pursuant to a	44338
referral under this section. Neither the appointment nor the	44339
testimony of an examiner appointed under this section precludes	44340
the prosecutor or defense counsel from calling other witnesses or	44341
presenting other evidence on competency or insanity issues.	44342

(K) Persons appointed as examiners under divisions (A) and	44343
(B) of this section or under division (H) of this section shall be	44344
paid a reasonable amount for their services and expenses, as	44345
certified by the court. The certified amount shall be paid by the	44346
county in the case of county courts and courts of common pleas and	44347
by the legislative authority, as defined in section 1901.03 of the	44348
Revised Code, in the case of municipal courts.	44349

Sec. 2945.38. (A) If the issue of a defendant's competence	44350
to stand trial is raised and if the court, upon conducting the	44351
hearing provided for in section 2945.37 of the Revised Code, finds	44352
that the defendant is competent to stand trial, the defendant	44353
shall be proceeded against as provided by law. If the court finds	44354
the defendant competent to stand trial and the defendant is	44355
receiving psychotropic drugs or other medication, the court may	44356
authorize the continued administration of the drugs or medication	44357
or other appropriate treatment in order to maintain the	44358
defendant's competence to stand trial, unless the defendant's	44359
attending physician advises the court against continuation of the	44360
drugs, other medication, or treatment.	44361

(B)(1)(a) If, after taking into consideration all relevant	44362
reports, information, and other evidence, the court finds that the	44363
defendant is incompetent to stand trial and that there is a	44364
substantial probability that the defendant will become competent	44365
to stand trial within one year if the defendant is provided with a	44366
course of treatment, the court shall order the defendant to	44367
undergo treatment. If the defendant has been charged with a felony	44368
offense and if, after taking into consideration all relevant	44369
reports, information, and other evidence, the court finds that the	44370
defendant is incompetent to stand trial, but the court is unable	44371
at that time to determine whether there is a substantial	44372
probability that the defendant will become competent to stand	44373
trial within one year if the defendant is provided with a course	44374
of treatment, the court shall order continuing evaluation and	44375
treatment of the defendant for a period not to exceed four months	44376
to determine whether there is a substantial probability that the	44377
defendant will become competent to stand trial within one year if	44378
the defendant is provided with a course of treatment.	44379

(b) The court order for the defendant to undergo treatment or	44380
continuing evaluation and treatment under division (B)(1)(a) of	44381
this section shall specify that the defendant, if determined to	44382
require mental health treatment or continuing evaluation and	44383
treatment, either shall be committed to the department of ~~mental~~	44384
~~health~~mental health and addiction services for treatment or	44385
continuing evaluation and treatment at a hospital, facility, or	44386
agency, as determined to be clinically appropriate by the	44387
department of ~~mental health~~mental health and addiction services	44388
or shall be committed to a facility certified by the department of	44389
~~mental health~~mental health and addiction services as being	44390
qualified to treat mental illness, to a public or community mental	44391
health facility, or to a psychiatrist or another mental health	44392
professional for treatment or continuing evaluation and treatment.	44393
Prior to placing the defendant, the department of ~~mental health~~	44394
mental health and addiction services shall obtain court approval	44395
for that placement following a hearing. The court order for the	44396
defendant to undergo treatment or continuing evaluation and	44397
treatment under division (B)(1)(a) of this section shall specify	44398
that the defendant, if determined to require treatment or	44399
continuing evaluation and treatment for mental retardation, shall	44400
receive treatment or continuing evaluation and treatment at an	44401
institution or facility operated by the department of	44402
developmental disabilities, at a facility certified by the	44403
department of developmental disabilities as being qualified to	44404
treat mental retardation, at a public or private mental	44405
retardation facility, or by a psychiatrist or another mental	44406
retardation professional. In any case, the order may restrict the	44407
defendant's freedom of movement as the court considers necessary.	44408
The prosecutor in the defendant's case shall send to the chief	44409
clinical officer of the hospital, facility, or agency where the	44410
defendant is placed by the department of ~~mental health~~mental	44411
health and addiction services, or to the managing officer of the	44412
institution, the director of the program or facility, or the	44413
person to which the defendant is committed, copies of relevant	44414
police reports and other background information that pertains to	44415
the defendant and is available to the prosecutor unless the	44416
prosecutor determines that the release of any of the information	44417
in the police reports or any of the other background information	44418
to unauthorized persons would interfere with the effective	44419
prosecution of any person or would create a substantial risk of	44420
harm to any person.	44421

In determining the place of commitment, the court shall	44422
consider the extent to which the person is a danger to the person	44423
and to others, the need for security, and the type of crime	44424
involved and shall order the least restrictive alternative	44425
available that is consistent with public safety and treatment	44426
goals. In weighing these factors, the court shall give preference	44427
to protecting public safety.	44428

(c) If the defendant is found incompetent to stand trial, if	44429
the chief clinical officer of the hospital, facility, or agency	44430
where the defendant is placed, or the managing officer of the	44431
institution, the director of the program or facility, or the	44432
person to which the defendant is committed for treatment or	44433
continuing evaluation and treatment under division (B)(1)(b) of	44434
this section determines that medication is necessary to restore	44435
the defendant's competency to stand trial, and if the defendant	44436
lacks the capacity to give informed consent or refuses medication,	44437
the chief clinical officer of the hospital, facility, or agency	44438
where the defendant is placed, or the managing officer of the	44439
institution, the director of the program or facility, or the	44440
person to which the defendant is committed for treatment or	44441
continuing evaluation and treatment may petition the court for	44442
authorization for the involuntary administration of medication.	44443
The court shall hold a hearing on the petition within five days of	44444
the filing of the petition if the petition was filed in a	44445
municipal court or a county court regarding an incompetent	44446
defendant charged with a misdemeanor or within ten days of the	44447
filing of the petition if the petition was filed in a court of	44448
common pleas regarding an incompetent defendant charged with a	44449
felony offense. Following the hearing, the court may authorize the	44450
involuntary administration of medication or may dismiss the	44451
petition.	44452

(2) If the court finds that the defendant is incompetent to	44453
stand trial and that, even if the defendant is provided with a	44454
course of treatment, there is not a substantial probability that	44455
the defendant will become competent to stand trial within one	44456
year, the court shall order the discharge of the defendant, unless	44457
upon motion of the prosecutor or on its own motion, the court	44458
either seeks to retain jurisdiction over the defendant pursuant to	44459
section 2945.39 of the Revised Code or files an affidavit in the	44460
probate court for the civil commitment of the defendant pursuant	44461
to Chapter 5122. or 5123. of the Revised Code alleging that the	44462
defendant is a mentally ill person subject to hospitalization by	44463
court order or a mentally retarded person subject to	44464
institutionalization by court order. If an affidavit is filed in	44465
the probate court, the trial court shall send to the probate court	44466
copies of all written reports of the defendant's mental condition	44467
that were prepared pursuant to section 2945.371 of the Revised	44468
Code.	44469

The trial court may issue the temporary order of detention	44470
that a probate court may issue under section 5122.11 or 5123.71 of	44471
the Revised Code, to remain in effect until the probable cause or	44472
initial hearing in the probate court. Further proceedings in the	44473
probate court are civil proceedings governed by Chapter 5122. or	44474
5123. of the Revised Code.	44475

(C) No defendant shall be required to undergo treatment,	44476
including any continuing evaluation and treatment, under division	44477
(B)(1) of this section for longer than whichever of the following	44478
periods is applicable:	44479

(1) One year, if the most serious offense with which the	44480
defendant is charged is one of the following offenses:	44481

(a) Aggravated murder, murder, or an offense of violence for	44482
which a sentence of death or life imprisonment may be imposed;	44483

(b) An offense of violence that is a felony of the first or	44484
second degree;	44485

(c) A conspiracy to commit, an attempt to commit, or	44486
complicity in the commission of an offense described in division	44487
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	44488
complicity is a felony of the first or second degree.	44489

(2) Six months, if the most serious offense with which the	44490
defendant is charged is a felony other than a felony described in	44491
division (C)(1) of this section;	44492

(3) Sixty days, if the most serious offense with which the	44493
defendant is charged is a misdemeanor of the first or second	44494
degree;	44495

(4) Thirty days, if the most serious offense with which the	44496
defendant is charged is a misdemeanor of the third or fourth	44497
degree, a minor misdemeanor, or an unclassified misdemeanor.	44498

(D) Any defendant who is committed pursuant to this section	44499
shall not voluntarily admit the defendant or be voluntarily	44500
admitted to a hospital or institution pursuant to section 5122.02,	44501
5122.15, 5123.69, or 5123.76 of the Revised Code.	44502

(E) Except as otherwise provided in this division, a	44503
defendant who is charged with an offense and is committed by the	44504
court under this section to the department of ~~mental health~~mental	44505
health and addiction services or is committed to an institution or	44506
facility for the treatment of mental retardation shall not be	44507
granted unsupervised on-grounds movement, supervised off-grounds	44508
movement, or nonsecured status except in accordance with the court	44509
order. The court may grant a defendant supervised off-grounds	44510
movement to obtain medical treatment or specialized habilitation	44511
treatment services if the person who supervises the treatment or	44512
the continuing evaluation and treatment of the defendant ordered	44513
under division (B)(1)(a) of this section informs the court that	44514
the treatment or continuing evaluation and treatment cannot be	44515
provided at the hospital or facility where the defendant is placed	44516
by the department of ~~mental health~~mental health and addiction	44517
services or the institution or facility to which the defendant is	44518
committed. The chief clinical officer of the hospital or facility	44519
where the defendant is placed by the department of ~~mental health~~	44520
mental health and addiction services or the managing officer of	44521
the institution or director of the facility to which the defendant	44522
is committed, or a designee of any of those persons, may grant a	44523
defendant movement to a medical facility for an emergency medical	44524
situation with appropriate supervision to ensure the safety of the	44525
defendant, staff, and community during that emergency medical	44526
situation. The chief clinical officer of the hospital or facility	44527
where the defendant is placed by the department of ~~mental health~~	44528
mental health and addiction services or the managing officer of	44529
the institution or director of the facility to which the defendant	44530
is committed shall notify the court within twenty-four hours of	44531
the defendant's movement to the medical facility for an emergency	44532
medical situation under this division.	44533

(F) The person who supervises the treatment or continuing	44534
evaluation and treatment of a defendant ordered to undergo	44535
treatment or continuing evaluation and treatment under division	44536
(B)(1)(a) of this section shall file a written report with the	44537
court at the following times:	44538

(1) Whenever the person believes the defendant is capable of	44539
understanding the nature and objective of the proceedings against	44540
the defendant and of assisting in the defendant's defense;	44541

(2) For a felony offense, fourteen days before expiration of	44542
the maximum time for treatment as specified in division (C) of	44543
this section and fourteen days before the expiration of the	44544
maximum time for continuing evaluation and treatment as specified	44545
in division (B)(1)(a) of this section, and, for a misdemeanor	44546
offense, ten days before the expiration of the maximum time for	44547
treatment, as specified in division (C) of this section;	44548

(3) At a minimum, after each six months of treatment;

44549

(4) Whenever the person who supervises the treatment or	44550
continuing evaluation and treatment of a defendant ordered under	44551
division (B)(1)(a) of this section believes that there is not a	44552
substantial probability that the defendant will become capable of	44553
understanding the nature and objective of the proceedings against	44554
the defendant or of assisting in the defendant's defense even if	44555
the defendant is provided with a course of treatment.	44556

(G) A report under division (F) of this section shall contain	44557
the examiner's findings, the facts in reasonable detail on which	44558
the findings are based, and the examiner's opinion as to the	44559
defendant's capability of understanding the nature and objective	44560
of the proceedings against the defendant and of assisting in the	44561
defendant's defense. If, in the examiner's opinion, the defendant	44562
remains incapable of understanding the nature and objective of the	44563
proceedings against the defendant and of assisting in the	44564
defendant's defense and there is a substantial probability that	44565
the defendant will become capable of understanding the nature and	44566
objective of the proceedings against the defendant and of	44567
assisting in the defendant's defense if the defendant is provided	44568
with a course of treatment, if in the examiner's opinion the	44569
defendant remains mentally ill or mentally retarded, and if the	44570
maximum time for treatment as specified in division (C) of this	44571
section has not expired, the report also shall contain the	44572
examiner's recommendation as to the least restrictive placement or	44573
commitment alternative that is consistent with the defendant's	44574
treatment needs for restoration to competency and with the safety	44575
of the community. The court shall provide copies of the report to	44576
the prosecutor and defense counsel.	44577

(H) If a defendant is committed pursuant to division (B)(1)	44578
of this section, within ten days after the treating physician of	44579
the defendant or the examiner of the defendant who is employed or	44580
retained by the treating facility advises that there is not a	44581
substantial probability that the defendant will become capable of	44582
understanding the nature and objective of the proceedings against	44583
the defendant or of assisting in the defendant's defense even if	44584
the defendant is provided with a course of treatment, within ten	44585
days after the expiration of the maximum time for treatment as	44586
specified in division (C) of this section, within ten days after	44587
the expiration of the maximum time for continuing evaluation and	44588
treatment as specified in division (B)(1)(a) of this section,	44589
within thirty days after a defendant's request for a hearing that	44590
is made after six months of treatment, or within thirty days after	44591
being advised by the treating physician or examiner that the	44592
defendant is competent to stand trial, whichever is the earliest,	44593
the court shall conduct another hearing to determine if the	44594
defendant is competent to stand trial and shall do whichever of	44595
the following is applicable:	44596

(1) If the court finds that the defendant is competent to	44597
stand trial, the defendant shall be proceeded against as provided	44598
by law.	44599

(2) If the court finds that the defendant is incompetent to	44600
stand trial, but that there is a substantial probability that the	44601
defendant will become competent to stand trial if the defendant is	44602
provided with a course of treatment, and the maximum time for	44603
treatment as specified in division (C) of this section has not	44604
expired, the court, after consideration of the examiner's	44605
recommendation, shall order that treatment be continued, may	44606
change the facility or program at which the treatment is to be	44607
continued, and shall specify whether the treatment is to be	44608
continued at the same or a different facility or program.	44609

(3) If the court finds that the defendant is incompetent to	44610
stand trial, if the defendant is charged with an offense listed in	44611
division (C)(1) of this section, and if the court finds that there	44612
is not a substantial probability that the defendant will become	44613
competent to stand trial even if the defendant is provided with a	44614
course of treatment, or if the maximum time for treatment relative	44615
to that offense as specified in division (C) of this section has	44616
expired, further proceedings shall be as provided in sections	44617
2945.39, 2945.401, and 2945.402 of the Revised Code.	44618

(4) If the court finds that the defendant is incompetent to	44619
stand trial, if the most serious offense with which the defendant	44620
is charged is a misdemeanor or a felony other than a felony listed	44621
in division (C)(1) of this section, and if the court finds that	44622
there is not a substantial probability that the defendant will	44623
become competent to stand trial even if the defendant is provided	44624
with a course of treatment, or if the maximum time for treatment	44625
relative to that offense as specified in division (C) of this	44626
section has expired, the court shall dismiss the indictment,	44627
information, or complaint against the defendant. A dismissal under	44628
this division is not a bar to further prosecution based on the	44629
same conduct. The court shall discharge the defendant unless the	44630
court or prosecutor files an affidavit in probate court for civil	44631
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	44632
If an affidavit for civil commitment is filed, the court may	44633
detain the defendant for ten days pending civil commitment. All of	44634
the following provisions apply to persons charged with a	44635
misdemeanor or a felony other than a felony listed in division	44636
(C)(1) of this section who are committed by the probate court	44637
subsequent to the court's or prosecutor's filing of an affidavit	44638
for civil commitment under authority of this division:	44639

(a) The chief clinical officer of the entity, hospital, or	44640
facility, the managing officer of the institution, the director of	44641
the program, or the person to which the defendant is committed or	44642
admitted shall do all of the following:	44643

(i) Notify the prosecutor, in writing, of the discharge of	44644
the defendant, send the notice at least ten days prior to the	44645
discharge unless the discharge is by the probate court, and state	44646
in the notice the date on which the defendant will be discharged;	44647

(ii) Notify the prosecutor, in writing, when the defendant is	44648
absent without leave or is granted unsupervised, off-grounds	44649
movement, and send this notice promptly after the discovery of the	44650
absence without leave or prior to the granting of the	44651
unsupervised, off-grounds movement, whichever is applicable;	44652

(iii) Notify the prosecutor, in writing, of the change of the	44653
defendant's commitment or admission to voluntary status, send the	44654
notice promptly upon learning of the change to voluntary status,	44655
and state in the notice the date on which the defendant was	44656
committed or admitted on a voluntary status.	44657

(b) Upon receiving notice that the defendant will be granted	44658
unsupervised, off-grounds movement, the prosecutor either shall	44659
re-indict the defendant or promptly notify the court that the	44660
prosecutor does not intend to prosecute the charges against the	44661
defendant.	44662

(I) If a defendant is convicted of a crime and sentenced to a	44663
jail or workhouse, the defendant's sentence shall be reduced by	44664
the total number of days the defendant is confined for evaluation	44665
to determine the defendant's competence to stand trial or	44666
treatment under this section and sections 2945.37 and 2945.371 of	44667
the Revised Code or by the total number of days the defendant is	44668
confined for evaluation to determine the defendant's mental	44669
condition at the time of the offense charged.	44670

Sec. 2945.39. (A) If a defendant who is charged with an	44671
offense described in division (C)(1) of section 2945.38 of the	44672
Revised Code is found incompetent to stand trial, after the	44673
expiration of the maximum time for treatment as specified in	44674
division (C) of that section or after the court finds that there	44675
is not a substantial probability that the defendant will become	44676
competent to stand trial even if the defendant is provided with a	44677
course of treatment, one of the following applies:	44678

(1) The court or the prosecutor may file an affidavit in	44679
probate court for civil commitment of the defendant in the manner	44680
provided in Chapter 5122. or 5123. of the Revised Code. If the	44681
court or prosecutor files an affidavit for civil commitment, the	44682
court may detain the defendant for ten days pending civil	44683
commitment. If the probate court commits the defendant subsequent	44684
to the court's or prosecutor's filing of an affidavit for civil	44685
commitment, the chief clinical officer of the entity, hospital, or	44686
facility, the managing officer of the institution, the director of	44687
the program, or the person to which the defendant is committed or	44688
admitted shall send to the prosecutor the notices described in	44689
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	44690
Code within the periods of time and under the circumstances	44691
specified in those divisions.	44692

(2) On the motion of the prosecutor or on its own motion, the	44693
court may retain jurisdiction over the defendant if, at a hearing,	44694
the court finds both of the following by clear and convincing	44695
evidence:	44696

(a) The defendant committed the offense with which the	44697
defendant is charged.	44698

(b) The defendant is a mentally ill person subject to	44699
hospitalization by court order or a mentally retarded person	44700
subject to institutionalization by court order.	44701

(B) In making its determination under division (A)(2) of this	44702
section as to whether to retain jurisdiction over the defendant,	44703
the court may consider all relevant evidence, including, but not	44704
limited to, any relevant psychiatric, psychological, or medical	44705
testimony or reports, the acts constituting the offense charged,	44706
and any history of the defendant that is relevant to the	44707
defendant's ability to conform to the law.	44708

(C) If the court conducts a hearing as described in division	44709
(A)(2) of this section and if the court does not make both	44710
findings described in divisions (A)(2)(a) and (b) of this section	44711
by clear and convincing evidence, the court shall dismiss the	44712
indictment, information, or complaint against the defendant. Upon	44713
the dismissal, the court shall discharge the defendant unless the	44714
court or prosecutor files an affidavit in probate court for civil	44715
commitment of the defendant pursuant to Chapter 5122. or 5123. of	44716
the Revised Code. If the court or prosecutor files an affidavit	44717
for civil commitment, the court may order that the defendant be	44718
detained for up to ten days pending the civil commitment. If the	44719
probate court commits the defendant subsequent to the court's or	44720
prosecutor's filing of an affidavit for civil commitment, the	44721
chief clinical officer of the entity, hospital, or facility, the	44722
managing officer of the institution, the director of the program,	44723
or the person to which the defendant is committed or admitted	44724
shall send to the prosecutor the notices described in divisions	44725
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	44726
within the periods of time and under the circumstances specified	44727
in those divisions. A dismissal of charges under this division is	44728
not a bar to further criminal proceedings based on the same	44729
conduct.	44730

(D)(1) If the court conducts a hearing as described in	44731
division (A)(2) of this section and if the court makes the	44732
findings described in divisions (A)(2)(a) and (b) of this section	44733
by clear and convincing evidence, the court shall commit the	44734
defendant, if determined to require mental health treatment,	44735
either to the department of ~~mental health~~mental health and	44736
addiction services for treatment at a hospital, facility, or	44737
agency as determined clinically appropriate by the department of	44738
~~mental health~~mental health and addiction services or to another	44739
medical or psychiatric facility, as appropriate. Prior to placing	44740
the defendant, the department of ~~mental health~~mental health and	44741
addiction services shall obtain court approval for that placement.	44742
If the court conducts such a hearing and if it makes those	44743
findings by clear and convincing evidence, the court shall commit	44744
the defendant, if determined to require treatment for mental	44745
retardation, to a facility operated by the department of	44746
developmental disabilities, or another facility, as appropriate.	44747
In determining the place of commitment, the court shall consider	44748
the extent to which the person is a danger to the person and to	44749
others, the need for security, and the type of crime involved and	44750
shall order the least restrictive alternative available that is	44751
consistent with public safety and the welfare of the defendant. In	44752
weighing these factors, the court shall give preference to	44753
protecting public safety.	44754

(2) If a court makes a commitment of a defendant under	44755
division (D)(1) of this section, the prosecutor shall send to the	44756
hospital, facility, or agency where the defendant is placed by the	44757
department of ~~mental health~~mental health and addiction services	44758
or to the defendant's place of commitment all reports of the	44759
defendant's current mental condition and, except as otherwise	44760
provided in this division, any other relevant information,	44761
including, but not limited to, a transcript of the hearing held	44762
pursuant to division (A)(2) of this section, copies of relevant	44763
police reports, and copies of any prior arrest and conviction	44764
records that pertain to the defendant and that the prosecutor	44765
possesses. The prosecutor shall send the reports of the	44766
defendant's current mental condition in every case of commitment,	44767
and, unless the prosecutor determines that the release of any of	44768
the other relevant information to unauthorized persons would	44769
interfere with the effective prosecution of any person or would	44770
create a substantial risk of harm to any person, the prosecutor	44771
also shall send the other relevant information. Upon admission of	44772
a defendant committed under division (D)(1) of this section, the	44773
place of commitment shall send to the board of alcohol, drug	44774
addiction, and mental health services or the community mental	44775
health board serving the county in which the charges against the	44776
defendant were filed a copy of all reports of the defendant's	44777
current mental condition and a copy of the other relevant	44778
information provided by the prosecutor under this division,	44779
including, if provided, a transcript of the hearing held pursuant	44780
to division (A)(2) of this section, the relevant police reports,	44781
and the prior arrest and conviction records that pertain to the	44782
defendant and that the prosecutor possesses.	44783

(3) If a court makes a commitment under division (D)(1) of	44784
this section, all further proceedings shall be in accordance with	44785
sections 2945.401 and 2945.402 of the Revised Code.	44786

Sec. 2945.40. (A) If a person is found not guilty by reason	44787
of insanity, the verdict shall state that finding, and the trial	44788
court shall conduct a full hearing to determine whether the person	44789
is a mentally ill person subject to hospitalization by court order	44790
or a mentally retarded person subject to institutionalization by	44791
court order. Prior to the hearing, if the trial judge believes	44792
that there is probable cause that the person found not guilty by	44793
reason of insanity is a mentally ill person subject to	44794
hospitalization by court order or mentally retarded person subject	44795
to institutionalization by court order, the trial judge may issue	44796
a temporary order of detention for that person to remain in effect	44797
for ten court days or until the hearing, whichever occurs first.	44798

Any person detained pursuant to a temporary order of	44799
detention issued under this division shall be held in a suitable	44800
facility, taking into consideration the place and type of	44801
confinement prior to and during trial.	44802

(B) The court shall hold the hearing under division (A) of	44803
this section to determine whether the person found not guilty by	44804
reason of insanity is a mentally ill person subject to	44805
hospitalization by court order or a mentally retarded person	44806
subject to institutionalization by court order within ten court	44807
days after the finding of not guilty by reason of insanity.	44808
Failure to conduct the hearing within the ten-day period shall	44809
cause the immediate discharge of the respondent, unless the judge	44810
grants a continuance for not longer than ten court days for good	44811
cause shown or for any period of time upon motion of the	44812
respondent.	44813

(C) If a person is found not guilty by reason of insanity,	44814
the person has the right to attend all hearings conducted pursuant	44815
to sections 2945.37 to 2945.402 of the Revised Code. At any	44816
hearing conducted pursuant to one of those sections, the court	44817
shall inform the person that the person has all of the following	44818
rights:	44819

(1) The right to be represented by counsel and to have that	44820
counsel provided at public expense if the person is indigent, with	44821
the counsel to be appointed by the court under Chapter 120. of the	44822
Revised Code or under the authority recognized in division (C) of	44823
section 120.06, division (E) of section 120.16, division (E) of	44824
section 120.26, or section 2941.51 of the Revised Code;	44825

(2) The right to have independent expert evaluation and to	44826
have that independent expert evaluation provided at public expense	44827
if the person is indigent;	44828

(3) The right to subpoena witnesses and documents, to present	44829
evidence on the person's behalf, and to cross-examine witnesses	44830
against the person;	44831

(4) The right to testify in the person's own behalf and to	44832
not be compelled to testify;	44833

(5) The right to have copies of any relevant medical or	44834
mental health document in the custody of the state or of any place	44835
of commitment other than a document for which the court finds that	44836
the release to the person of information contained in the document	44837
would create a substantial risk of harm to any person.	44838

(D) The hearing under division (A) of this section shall be	44839
open to the public, and the court shall conduct the hearing in	44840
accordance with the Rules of Civil Procedure. The court shall make	44841
and maintain a full transcript and record of the hearing	44842
proceedings. The court may consider all relevant evidence,	44843
including, but not limited to, any relevant psychiatric,	44844
psychological, or medical testimony or reports, the acts	44845
constituting the offense in relation to which the person was found	44846
not guilty by reason of insanity, and any history of the person	44847
that is relevant to the person's ability to conform to the law.	44848

(E) Upon completion of the hearing under division (A) of this	44849
section, if the court finds there is not clear and convincing	44850
evidence that the person is a mentally ill person subject to	44851
hospitalization by court order or a mentally retarded person	44852
subject to institutionalization by court order, the court shall	44853
discharge the person, unless a detainer has been placed upon the	44854
person by the department of rehabilitation and correction, in	44855
which case the person shall be returned to that department.	44856

(F) If, at the hearing under division (A) of this section,	44857
the court finds by clear and convincing evidence that the person	44858
is a mentally ill person subject to hospitalization by court	44859
order, the court shall commit the person either to the department	44860
of ~~mental health~~mental health and addiction services for	44861
treatment in a hospital, facility, or agency as determined	44862
clinically appropriate by the department of ~~mental health~~mental	44863
health and addiction services or to another medical or psychiatric	44864
facility, as appropriate. Prior to placing the defendant, the	44865
department of ~~mental health~~mental health and addiction services	44866
shall obtain court approval for that placement. If, at the hearing	44867
under division (A) of this section, the court determines by clear	44868
and convincing evidence that the person requires treatment for	44869
mental retardation, it shall commit the person to a facility	44870
operated by the department of developmental disabilities or	44871
another facility, as appropriate. Further proceedings shall be in	44872
accordance with sections 2945.401 and 2945.402 of the Revised	44873
Code. In determining the place of commitment, the court shall	44874
consider the extent to which the person is a danger to the person	44875
and to others, the need for security, and the type of crime	44876
involved and shall order the least restrictive alternative	44877
available that is consistent with public safety and the welfare of	44878
the person. In weighing these factors, the court shall give	44879
preference to protecting public safety.	44880

(G) If a court makes a commitment of a person under division	44881
(F) of this section, the prosecutor shall send to the hospital,	44882
facility, or agency where the person is placed by the department	44883
of ~~mental health~~mental health and addiction services or to the	44884
defendant's place of commitment all reports of the person's	44885
current mental condition, and, except as otherwise provided in	44886
this division, any other relevant information, including, but not	44887
limited to, a transcript of the hearing held pursuant to division	44888
(A) of this section, copies of relevant police reports, and copies	44889
of any prior arrest and conviction records that pertain to the	44890
person and that the prosecutor possesses. The prosecutor shall	44891
send the reports of the person's current mental condition in every	44892
case of commitment, and, unless the prosecutor determines that the	44893
release of any of the other relevant information to unauthorized	44894
persons would interfere with the effective prosecution of any	44895
person or would create a substantial risk of harm to any person,	44896
the prosecutor also shall send the other relevant information.	44897
Upon admission of a person committed under division (F) of this	44898
section, the place of commitment shall send to the board of	44899
alcohol, drug addiction, and mental health services or the	44900
community mental health board serving the county in which the	44901
charges against the person were filed a copy of all reports of the	44902
person's current mental condition and a copy of the other relevant	44903
information provided by the prosecutor under this division,	44904
including, if provided, a transcript of the hearing held pursuant	44905
to division (A) of this section, the relevant police reports, and	44906
the prior arrest and conviction records that pertain to the person	44907
and that the prosecutor possesses.	44908

(H) A person who is committed pursuant to this section shall	44909
not voluntarily admit the person or be voluntarily admitted to a	44910
hospital or institution pursuant to section 5122.02, 5122.15,	44911
5123.69, or 5123.76 of the Revised Code.	44912

Sec. 2945.401. (A) A defendant found incompetent to stand	44913
trial and committed pursuant to section 2945.39 of the Revised	44914
Code or a person found not guilty by reason of insanity and	44915
committed pursuant to section 2945.40 of the Revised Code shall	44916
remain subject to the jurisdiction of the trial court pursuant to	44917
that commitment, and to the provisions of this section, until the	44918
final termination of the commitment as described in division	44919
(J)(1) of this section. If the jurisdiction is terminated under	44920
this division because of the final termination of the commitment	44921
resulting from the expiration of the maximum prison term or term	44922
of imprisonment described in division (J)(1)(b) of this section,	44923
the court or prosecutor may file an affidavit for the civil	44924
commitment of the defendant or person pursuant to Chapter 5122. or	44925
5123. of the Revised Code.	44926

(B) A hearing conducted under any provision of sections	44927
2945.37 to 2945.402 of the Revised Code shall not be conducted in	44928
accordance with Chapters 5122. and 5123. of the Revised Code. Any	44929
person who is committed pursuant to section 2945.39 or 2945.40 of	44930
the Revised Code shall not voluntarily admit the person or be	44931
voluntarily admitted to a hospital or institution pursuant to	44932
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	44933
All other provisions of Chapters 5122. and 5123. of the Revised	44934
Code regarding hospitalization or institutionalization shall apply	44935
to the extent they are not in conflict with this chapter. A	44936
commitment under section 2945.39 or 2945.40 of the Revised Code	44937
shall not be terminated and the conditions of the commitment shall	44938
not be changed except as otherwise provided in division (D)(2) of	44939
this section with respect to a mentally retarded person subject to	44940
institutionalization by court order or except by order of the	44941
trial court.	44942

(C) The department of ~~mental health~~mental health and	44943
addiction services or the institution, facility, or program to	44944
which a defendant or person has been committed under section	44945
2945.39 or 2945.40 of the Revised Code shall report in writing to	44946
the trial court, at the times specified in this division, as to	44947
whether the defendant or person remains a mentally ill person	44948
subject to hospitalization by court order or a mentally retarded	44949
person subject to institutionalization by court order and, in the	44950
case of a defendant committed under section 2945.39 of the Revised	44951
Code, as to whether the defendant remains incompetent to stand	44952
trial. The department, institution, facility, or program shall	44953
make the reports after the initial six months of treatment and	44954
every two years after the initial report is made. The trial court	44955
shall provide copies of the reports to the prosecutor and to the	44956
counsel for the defendant or person. Within thirty days after its	44957
receipt pursuant to this division of a report from the department,	44958
institution, facility, or program, the trial court shall hold a	44959
hearing on the continued commitment of the defendant or person or	44960
on any changes in the conditions of the commitment of the	44961
defendant or person. The defendant or person may request a change	44962
in the conditions of confinement, and the trial court shall	44963
conduct a hearing on that request if six months or more have	44964
elapsed since the most recent hearing was conducted under this	44965
section.	44966

(D)(1) Except as otherwise provided in division (D)(2) of	44967
this section, when a defendant or person has been committed under	44968
section 2945.39 or 2945.40 of the Revised Code, at any time after	44969
evaluating the risks to public safety and the welfare of the	44970
defendant or person, the designee of the department of ~~mental~~	44971
~~health~~mental health and addiction services or the managing	44972
officer of the institution or director of the facility or program	44973
to which the defendant or person is committed may recommend a	44974
termination of the defendant's or person's commitment or a change	44975
in the conditions of the defendant's or person's commitment.	44976

Except as otherwise provided in division (D)(2) of this	44977
section, if the designee of the department of ~~mental health~~mental	44978
health and addiction services recommends on-grounds unsupervised	44979
movement, off-grounds supervised movement, or nonsecured status	44980
for the defendant or person or termination of the defendant's or	44981
person's commitment, the following provisions apply:	44982

(a) If the department's designee recommends on-grounds	44983
unsupervised movement or off-grounds supervised movement, the	44984
department's designee shall file with the trial court an	44985
application for approval of the movement and shall send a copy of	44986
the application to the prosecutor. Within fifteen days after	44987
receiving the application, the prosecutor may request a hearing on	44988
the application and, if a hearing is requested, shall so inform	44989
the department's designee. If the prosecutor does not request a	44990
hearing within the fifteen-day period, the trial court shall	44991
approve the application by entering its order approving the	44992
requested movement or, within five days after the expiration of	44993
the fifteen-day period, shall set a date for a hearing on the	44994
application. If the prosecutor requests a hearing on the	44995
application within the fifteen-day period, the trial court shall	44996
hold a hearing on the application within thirty days after the	44997
hearing is requested. If the trial court, within five days after	44998
the expiration of the fifteen-day period, sets a date for a	44999
hearing on the application, the trial court shall hold the hearing	45000
within thirty days after setting the hearing date. At least	45001
fifteen days before any hearing is held under this division, the	45002
trial court shall give the prosecutor written notice of the date,	45003
time, and place of the hearing. At the conclusion of each hearing	45004
conducted under this division, the trial court either shall	45005
approve or disapprove the application and shall enter its order	45006
accordingly.	45007

(b) If the department's designee recommends termination of	45008
the defendant's or person's commitment at any time or if the	45009
department's designee recommends the first of any nonsecured	45010
status for the defendant or person, the department's designee	45011
shall send written notice of this recommendation to the trial	45012
court and to the local forensic center. The local forensic center	45013
shall evaluate the committed defendant or person and, within	45014
thirty days after its receipt of the written notice, shall submit	45015
to the trial court and the department's designee a written report	45016
of the evaluation. The trial court shall provide a copy of the	45017
department's designee's written notice and of the local forensic	45018
center's written report to the prosecutor and to the counsel for	45019
the defendant or person. Upon the local forensic center's	45020
submission of the report to the trial court and the department's	45021
designee, all of the following apply:	45022

(i) If the forensic center disagrees with the recommendation	45023
of the department's designee, it shall inform the department's	45024
designee and the trial court of its decision and the reasons for	45025
the decision. The department's designee, after consideration of	45026
the forensic center's decision, shall either withdraw, proceed	45027
with, or modify and proceed with the recommendation. If the	45028
department's designee proceeds with, or modifies and proceeds	45029
with, the recommendation, the department's designee shall proceed	45030
in accordance with division (D)(1)(b)(iii) of this section.	45031

(ii) If the forensic center agrees with the recommendation of	45032
the department's designee, it shall inform the department's	45033
designee and the trial court of its decision and the reasons for	45034
the decision, and the department's designee shall proceed in	45035
accordance with division (D)(1)(b)(iii) of this section.	45036

(iii) If the forensic center disagrees with the	45037
recommendation of the department's designee and the department's	45038
designee proceeds with, or modifies and proceeds with, the	45039
recommendation or if the forensic center agrees with the	45040
recommendation of the department's designee, the department's	45041
designee shall work with community mental health ~~agencies~~services	45042
providers, programs, facilities, or boards of alcohol, drug	45043
addiction, and mental health services or community mental health	45044
boards to develop a plan to implement the recommendation. If the	45045
defendant or person is on medication, the plan shall include, but	45046
shall not be limited to, a system to monitor the defendant's or	45047
person's compliance with the prescribed medication treatment plan.	45048
The system shall include a schedule that clearly states when the	45049
defendant or person shall report for a medication compliance	45050
check. The medication compliance checks shall be based upon the	45051
effective duration of the prescribed medication, taking into	45052
account the route by which it is taken, and shall be scheduled at	45053
intervals sufficiently close together to detect a potential	45054
increase in mental illness symptoms that the medication is	45055
intended to prevent.	45056

The department's designee, after consultation with the board	45057
of alcohol, drug addiction, and mental health services or the	45058
community mental health board serving the area, shall send the	45059
recommendation and plan developed under division (D)(1)(b)(iii) of	45060
this section, in writing, to the trial court, the prosecutor, and	45061
the counsel for the committed defendant or person. The trial court	45062
shall conduct a hearing on the recommendation and plan developed	45063
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	45064
and (d) and (E) to (J) of this section apply regarding the	45065
hearing.	45066

(c) If the department's designee's recommendation is for	45067
nonsecured status or termination of commitment, the prosecutor may	45068
obtain an independent expert evaluation of the defendant's or	45069
person's mental condition, and the trial court may continue the	45070
hearing on the recommendation for a period of not more than thirty	45071
days to permit time for the evaluation.	45072

The prosecutor may introduce the evaluation report or present	45073
other evidence at the hearing in accordance with the Rules of	45074
Evidence.	45075

(d) The trial court shall schedule the hearing on a	45076
department's designee's recommendation for nonsecured status or	45077
termination of commitment and shall give reasonable notice to the	45078
prosecutor and the counsel for the defendant or person. Unless	45079
continued for independent evaluation at the prosecutor's request	45080
or for other good cause, the hearing shall be held within thirty	45081
days after the trial court's receipt of the recommendation and	45082
plan.	45083

(2)(a) Division (D)(1) of this section does not apply to	45084
on-grounds unsupervised movement of a defendant or person who has	45085
been committed under section 2945.39 or 2945.40 of the Revised	45086
Code, who is a mentally retarded person subject to	45087
institutionalization by court order, and who is being provided	45088
residential habilitation, care, and treatment in a facility	45089
operated by the department of developmental disabilities.	45090

(b) If, pursuant to section 2945.39 of the Revised Code, the	45091
trial court commits a defendant who is found incompetent to stand	45092
trial and who is a mentally retarded person subject to	45093
institutionalization by court order, if the defendant is being	45094
provided residential habilitation, care, and treatment in a	45095
facility operated by the department of developmental disabilities,	45096
if an individual who is conducting a survey for the department of	45097
health to determine the facility's compliance with the	45098
certification requirements of the medicaid program ~~under Chapter~~	45099
~~5111. of the Revised Code and Title XIX of the "Social Security~~	45100
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	45101
defendant's receipt of the residential habilitation, care, and	45102
treatment in the facility as being inappropriate under the	45103
certification requirements, if the defendant's receipt of the	45104
residential habilitation, care, and treatment in the facility	45105
potentially jeopardizes the facility's continued receipt of	45106
federal medicaid moneys, and if as a result of the citation the	45107
chief clinical officer of the facility determines that the	45108
conditions of the defendant's commitment should be changed, the	45109
department of developmental disabilities may cause the defendant	45110
to be removed from the particular facility and, after evaluating	45111
the risks to public safety and the welfare of the defendant and	45112
after determining whether another type of placement is consistent	45113
with the certification requirements, may place the defendant in	45114
another facility that the department selects as an appropriate	45115
facility for the defendant's continued receipt of residential	45116
habilitation, care, and treatment and that is a no less secure	45117
setting than the facility in which the defendant had been placed	45118
at the time of the citation. Within three days after the	45119
defendant's removal and alternative placement under the	45120
circumstances described in division (D)(2)(b) of this section, the	45121
department of developmental disabilities shall notify the trial	45122
court and the prosecutor in writing of the removal and alternative	45123
placement.	45124

The trial court shall set a date for a hearing on the removal	45125
and alternative placement, and the hearing shall be held within	45126
twenty-one days after the trial court's receipt of the notice from	45127
the department of developmental disabilities. At least ten days	45128
before the hearing is held, the trial court shall give the	45129
prosecutor, the department of developmental disabilities, and the	45130
counsel for the defendant written notice of the date, time, and	45131
place of the hearing. At the hearing, the trial court shall	45132
consider the citation issued by the individual who conducted the	45133
survey for the department of health to be prima-facie evidence of	45134
the fact that the defendant's commitment to the particular	45135
facility was inappropriate under the certification requirements of	45136
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	45137
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	45138
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	45139
particular facility's continued receipt of federal medicaid	45140
moneys. At the conclusion of the hearing, the trial court may	45141
approve or disapprove the defendant's removal and alternative	45142
placement. If the trial court approves the defendant's removal and	45143
alternative placement, the department of developmental	45144
disabilities may continue the defendant's alternative placement.	45145
If the trial court disapproves the defendant's removal and	45146
alternative placement, it shall enter an order modifying the	45147
defendant's removal and alternative placement, but that order	45148
shall not require the department of developmental disabilities to	45149
replace the defendant for purposes of continued residential	45150
habilitation, care, and treatment in the facility associated with	45151
the citation issued by the individual who conducted the survey for	45152
the department of health.	45153

(E) In making a determination under this section regarding	45154
nonsecured status or termination of commitment, the trial court	45155
shall consider all relevant factors, including, but not limited	45156
to, all of the following:	45157

(1) Whether, in the trial court's view, the defendant or	45158
person currently represents a substantial risk of physical harm to	45159
the defendant or person or others;	45160

(2) Psychiatric and medical testimony as to the current	45161
mental and physical condition of the defendant or person;	45162

(3) Whether the defendant or person has insight into the	45163
defendant's or person's condition so that the defendant or person	45164
will continue treatment as prescribed or seek professional	45165
assistance as needed;	45166

(4) The grounds upon which the state relies for the proposed	45167
commitment;	45168

(5) Any past history that is relevant to establish the	45169
defendant's or person's degree of conformity to the laws, rules,	45170
regulations, and values of society;	45171

(6) If there is evidence that the defendant's or person's	45172
mental illness is in a state of remission, the medically suggested	45173
cause and degree of the remission and the probability that the	45174
defendant or person will continue treatment to maintain the	45175
remissive state of the defendant's or person's illness should the	45176
defendant's or person's commitment conditions be altered.	45177

(F) At any hearing held pursuant to division (C) or (D)(1) or	45178
(2) of this section, the defendant or the person shall have all	45179
the rights of a defendant or person at a commitment hearing as	45180
described in section 2945.40 of the Revised Code.	45181

(G) In a hearing held pursuant to division (C) or (D)(1) of	45182
this section, the prosecutor has the burden of proof as follows:	45183

(1) For a recommendation of termination of commitment, to	45184
show by clear and convincing evidence that the defendant or person	45185
remains a mentally ill person subject to hospitalization by court	45186
order or a mentally retarded person subject to	45187
institutionalization by court order;	45188

(2) For a recommendation for a change in the conditions of	45189
the commitment to a less restrictive status, to show by clear and	45190
convincing evidence that the proposed change represents a threat	45191
to public safety or a threat to the safety of any person.	45192

(H) In a hearing held pursuant to division (C) or (D)(1) or	45193
(2) of this section, the prosecutor shall represent the state or	45194
the public interest.	45195

(I) At the conclusion of a hearing conducted under division	45196
(D)(1) of this section regarding a recommendation from the	45197
designee of the department of ~~mental health~~mental health and	45198
addiction services, managing officer of the institution, or	45199
director of a facility or program, the trial court may approve,	45200
disapprove, or modify the recommendation and shall enter an order	45201
accordingly.	45202

(J)(1) A defendant or person who has been committed pursuant	45203
to section 2945.39 or 2945.40 of the Revised Code continues to be	45204
under the jurisdiction of the trial court until the final	45205
termination of the commitment. For purposes of division (J) of	45206
this section, the final termination of a commitment occurs upon	45207
the earlier of one of the following:	45208

(a) The defendant or person no longer is a mentally ill	45209
person subject to hospitalization by court order or a mentally	45210
retarded person subject to institutionalization by court order, as	45211
determined by the trial court;	45212

(b) The expiration of the maximum prison term or term of	45213
imprisonment that the defendant or person could have received if	45214
the defendant or person had been convicted of the most serious	45215
offense with which the defendant or person is charged or in	45216
relation to which the defendant or person was found not guilty by	45217
reason of insanity;	45218

(c) The trial court enters an order terminating the	45219
commitment under the circumstances described in division	45220
(J)(2)(a)(ii) of this section.	45221

(2)(a) If a defendant is found incompetent to stand trial and	45222
committed pursuant to section 2945.39 of the Revised Code, if	45223
neither of the circumstances described in divisions (J)(1)(a) and	45224
(b) of this section applies to that defendant, and if a report	45225
filed with the trial court pursuant to division (C) of this	45226
section indicates that the defendant presently is competent to	45227
stand trial or if, at any other time during the period of the	45228
defendant's commitment, the prosecutor, the counsel for the	45229
defendant, or the designee of the department of ~~mental health~~	45230
mental health and addiction services or the managing officer of	45231
the institution or director of the facility or program to which	45232
the defendant is committed files an application with the trial	45233
court alleging that the defendant presently is competent to stand	45234
trial and requesting a hearing on the competency issue or the	45235
trial court otherwise has reasonable cause to believe that the	45236
defendant presently is competent to stand trial and determines on	45237
its own motion to hold a hearing on the competency issue, the	45238
trial court shall schedule a hearing on the competency of the	45239
defendant to stand trial, shall give the prosecutor, the counsel	45240
for the defendant, and the department's designee or the managing	45241
officer of the institution or the director of the facility to	45242
which the defendant is committed notice of the date, time, and	45243
place of the hearing at least fifteen days before the hearing, and	45244
shall conduct the hearing within thirty days of the filing of the	45245
application or of its own motion. If, at the conclusion of the	45246
hearing, the trial court determines that the defendant presently	45247
is capable of understanding the nature and objective of the	45248
proceedings against the defendant and of assisting in the	45249
defendant's defense, the trial court shall order that the	45250
defendant is competent to stand trial and shall be proceeded	45251
against as provided by law with respect to the applicable offenses	45252
described in division (C)(1) of section 2945.38 of the Revised	45253
Code and shall enter whichever of the following additional orders	45254
is appropriate:	45255

(i) If the trial court determines that the defendant remains	45256
a mentally ill person subject to hospitalization by court order or	45257
a mentally retarded person subject to institutionalization by	45258
court order, the trial court shall order that the defendant's	45259
commitment to the department of ~~mental health~~mental health and	45260
addiction services or to an institution, facility, or program for	45261
the treatment of mental retardation be continued during the	45262
pendency of the trial on the applicable offenses described in	45263
division (C)(1) of section 2945.38 of the Revised Code.	45264

(ii) If the trial court determines that the defendant no	45265
longer is a mentally ill person subject to hospitalization by	45266
court order or a mentally retarded person subject to	45267
institutionalization by court order, the trial court shall order	45268
that the defendant's commitment to the department of ~~mental health~~	45269
mental health and addiction services or to an institution,	45270
facility, or program for the treatment of mental retardation shall	45271
not be continued during the pendency of the trial on the	45272
applicable offenses described in division (C)(1) of section	45273
2945.38 of the Revised Code. This order shall be a final	45274
termination of the commitment for purposes of division (J)(1)(c)	45275
of this section.	45276

(b) If, at the conclusion of the hearing described in	45277
division (J)(2)(a) of this section, the trial court determines	45278
that the defendant remains incapable of understanding the nature	45279
and objective of the proceedings against the defendant or of	45280
assisting in the defendant's defense, the trial court shall order	45281
that the defendant continues to be incompetent to stand trial,	45282
that the defendant's commitment to the department of ~~mental health~~	45283
mental health and addiction services or to an institution,	45284
facility, or program for the treatment of mental retardation shall	45285
be continued, and that the defendant remains subject to the	45286
jurisdiction of the trial court pursuant to that commitment, and	45287
to the provisions of this section, until the final termination of	45288
the commitment as described in division (J)(1) of this section.	45289

Sec. 2951.041. (A)(1) If an offender is charged with a	45290
criminal offense, including but not limited to a violation of	45291
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	45292
the Revised Code, and the court has reason to believe that drug or	45293
alcohol usage by the offender was a factor leading to the criminal	45294
offense with which the offender is charged or that, at the time of	45295
committing that offense, the offender had a mental illness or was	45296
a person with intellectual disability and that the mental illness	45297
or status as a person with intellectual disability was a factor	45298
leading to the offender's criminal behavior, the court may accept,	45299
prior to the entry of a guilty plea, the offender's request for	45300
intervention in lieu of conviction. The request shall include a	45301
statement from the offender as to whether the offender is alleging	45302
that drug or alcohol usage by the offender was a factor leading to	45303
the criminal offense with which the offender is charged or is	45304
alleging that, at the time of committing that offense, the	45305
offender had a mental illness or was a person with intellectual	45306
disability and that the mental illness or status as a person with	45307
intellectual disability was a factor leading to the criminal	45308
offense with which the offender is charged. The request also shall	45309
include a waiver of the defendant's right to a speedy trial, the	45310
preliminary hearing, the time period within which the grand jury	45311
may consider an indictment against the offender, and arraignment,	45312
unless the hearing, indictment, or arraignment has already	45313
occurred. The court may reject an offender's request without a	45314
hearing. If the court elects to consider an offender's request,	45315
the court shall conduct a hearing to determine whether the	45316
offender is eligible under this section for intervention in lieu	45317
of conviction and shall stay all criminal proceedings pending the	45318
outcome of the hearing. If the court schedules a hearing, the	45319
court shall order an assessment of the offender for the purpose of	45320
determining the offender's eligibility for intervention in lieu of	45321
conviction and recommending an appropriate intervention plan.	45322

If the offender alleges that drug or alcohol usage by the	45323
offender was a factor leading to the criminal offense with which	45324
the offender is charged, the court may order that the offender be	45325
assessed by ~~a program~~an addiction services provider certified	45326
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	45327
properly credentialed professional for the purpose of determining	45328
the offender's eligibility for intervention in lieu of conviction	45329
and recommending an appropriate intervention plan. The ~~program~~	45330
addiction services provider or the properly credentialed	45331
professional shall provide a written assessment of the offender to	45332
the court.	45333

(2) The victim notification provisions of division (C) of	45334
section 2930.08 of the Revised Code apply in relation to any	45335
hearing held under division (A)(1) of this section.	45336

(B) An offender is eligible for intervention in lieu of	45337
conviction if the court finds all of the following:	45338

(1) The offender previously has not been convicted of or	45339
pleaded guilty to a felony offense of violence or previously has	45340
been convicted of or pleaded guilty to any felony that is not an	45341
offense of violence and the prosecuting attorney recommends that	45342
the offender be found eligible for participation in intervention	45343
in lieu of treatment under this section, previously has not been	45344
through intervention in lieu of conviction under this section or	45345
any similar regimen, and is charged with a felony for which the	45346
court, upon conviction, would impose a community control sanction	45347
on the offender under division (B)(2) of section 2929.13 of the	45348
Revised Code or with a misdemeanor.	45349

(2) The offense is not a felony of the first, second, or	45350
third degree, is not an offense of violence, is not a violation of	45351
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	45352
not a violation of division (A)(1) of section 2903.08 of the	45353
Revised Code, is not a violation of division (A) of section	45354
4511.19 of the Revised Code or a municipal ordinance that is	45355
substantially similar to that division, and is not an offense for	45356
which a sentencing court is required to impose a mandatory prison	45357
term, a mandatory term of local incarceration, or a mandatory term	45358
of imprisonment in a jail.	45359

(3) The offender is not charged with a violation of section	45360
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	45361
with a violation of section 2925.03 of the Revised Code that is a	45362
felony of the first, second, third, or fourth degree, and is not	45363
charged with a violation of section 2925.11 of the Revised Code	45364
that is a felony of the first, second, or third degree.	45365

(4) If an offender alleges that drug or alcohol usage by the	45366
offender was a factor leading to the criminal offense with which	45367
the offender is charged, the court has ordered that the offender	45368
be assessed by ~~a program~~an addiction services provider certified	45369
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	45370
properly credentialed professional for the purpose of determining	45371
the offender's eligibility for intervention in lieu of conviction	45372
and recommending an appropriate intervention plan, the offender	45373
has been assessed by ~~a program~~an addiction services provider of	45374
that nature or a properly credentialed professional in accordance	45375
with the court's order, and the ~~program~~addiction services	45376
provider or properly credentialed professional has filed the	45377
written assessment of the offender with the court.	45378

(5) If an offender alleges that, at the time of committing	45379
the criminal offense with which the offender is charged, the	45380
offender had a mental illness or was a person with intellectual	45381
disability and that the mental illness or status as a person with	45382
intellectual disability was a factor leading to that offense, the	45383
offender has been assessed by a psychiatrist, psychologist,	45384
independent social worker, or professional clinical counselor for	45385
the purpose of determining the offender's eligibility for	45386
intervention in lieu of conviction and recommending an appropriate	45387
intervention plan.	45388

(6) The offender's drug usage, alcohol usage, mental illness,	45389
or intellectual disability, whichever is applicable, was a factor	45390
leading to the criminal offense with which the offender is	45391
charged, intervention in lieu of conviction would not demean the	45392
seriousness of the offense, and intervention would substantially	45393
reduce the likelihood of any future criminal activity.	45394

(7) The alleged victim of the offense was not sixty-five	45395
years of age or older, permanently and totally disabled, under	45396
thirteen years of age, or a peace officer engaged in the officer's	45397
official duties at the time of the alleged offense.	45398

(8) If the offender is charged with a violation of section	45399
2925.24 of the Revised Code, the alleged violation did not result	45400
in physical harm to any person, and the offender previously has	45401
not been treated for drug abuse.	45402

(9) The offender is willing to comply with all terms and	45403
conditions imposed by the court pursuant to division (D) of this	45404
section.	45405

(10) The offender is not charged with an offense that would	45406
result in the offender being disqualified under Chapter 4506. of	45407
the Revised Code from operating a commercial motor vehicle or	45408
would subject the offender to any other sanction under that	45409
chapter.	45410

(C) At the conclusion of a hearing held pursuant to division	45411
(A) of this section, the court shall enter its determination as to	45412
whether the offender is eligible for intervention in lieu of	45413
conviction and as to whether to grant the offender's request. If	45414
the court finds under division (B) of this section that the	45415
offender is eligible for intervention in lieu of conviction and	45416
grants the offender's request, the court shall accept the	45417
offender's plea of guilty and waiver of the defendant's right to a	45418
speedy trial, the preliminary hearing, the time period within	45419
which the grand jury may consider an indictment against the	45420
offender, and arraignment, unless the hearing, indictment, or	45421
arraignment has already occurred. In addition, the court then may	45422
stay all criminal proceedings and order the offender to comply	45423
with all terms and conditions imposed by the court pursuant to	45424
division (D) of this section. If the court finds that the offender	45425
is not eligible or does not grant the offender's request, the	45426
criminal proceedings against the offender shall proceed as if the	45427
offender's request for intervention in lieu of conviction had not	45428
been made.	45429

(D) If the court grants an offender's request for	45430
intervention in lieu of conviction, the court shall place the	45431
offender under the general control and supervision of the county	45432
probation department, the adult parole authority, or another	45433
appropriate local probation or court services agency, if one	45434
exists, as if the offender was subject to a community control	45435
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	45436
Revised Code. The court shall establish an intervention plan for	45437
the offender. The terms and conditions of the intervention plan	45438
shall require the offender, for at least one year from the date on	45439
which the court grants the order of intervention in lieu of	45440
conviction, to abstain from the use of illegal drugs and alcohol,	45441
to participate in treatment and recovery support services, and to	45442
submit to regular random testing for drug and alcohol use and may	45443
include any other treatment terms and conditions, or terms and	45444
conditions similar to community control sanctions, which may	45445
include community service or restitution, that are ordered by the	45446
court.	45447

(E) If the court grants an offender's request for	45448
intervention in lieu of conviction and the court finds that the	45449
offender has successfully completed the intervention plan for the	45450
offender, including the requirement that the offender abstain from	45451
using illegal drugs and alcohol for a period of at least one year	45452
from the date on which the court granted the order of intervention	45453
in lieu of conviction, the requirement that the offender	45454
participate in treatment and recovery support services, and all	45455
other terms and conditions ordered by the court, the court shall	45456
dismiss the proceedings against the offender. Successful	45457
completion of the intervention plan and period of abstinence under	45458
this section shall be without adjudication of guilt and is not a	45459
criminal conviction for purposes of any disqualification or	45460
disability imposed by law and upon conviction of a crime, and the	45461
court may order the sealing of records related to the offense in	45462
question in the manner provided in sections 2953.31 to 2953.36 of	45463
the Revised Code.	45464

(F) If the court grants an offender's request for	45465
intervention in lieu of conviction and the offender fails to	45466
comply with any term or condition imposed as part of the	45467
intervention plan for the offender, the supervising authority for	45468
the offender promptly shall advise the court of this failure, and	45469
the court shall hold a hearing to determine whether the offender	45470
failed to comply with any term or condition imposed as part of the	45471
plan. If the court determines that the offender has failed to	45472
comply with any of those terms and conditions, it shall enter a	45473
finding of guilty and shall impose an appropriate sanction under	45474
Chapter 2929. of the Revised Code. If the court sentences the	45475
offender to a prison term, the court, after consulting with the	45476
department of rehabilitation and correction regarding the	45477
availability of services, may order continued court-supervised	45478
activity and treatment of the offender during the prison term and,	45479
upon consideration of reports received from the department	45480
concerning the offender's progress in the program of activity and	45481
treatment, may consider judicial release under section 2929.20 of	45482
the Revised Code.	45483

(G) As used in this section:

45484

(1) "Community control sanction" has the same meaning as in	45485
section 2929.01 of the Revised Code.	45486

(2) "Intervention in lieu of conviction" means any	45487
court-supervised activity that complies with this section.	45488

(3) "Peace officer" has the same meaning as in section	45489
2935.01 of the Revised Code.	45490

(4) "Mental illness" and "psychiatrist" have the same	45491
meanings as in section 5122.01 of the Revised Code.	45492

(5) "Person with intellectual disability" means a person	45493
having significantly subaverage general intellectual functioning	45494
existing concurrently with deficiencies in adaptive behavior,	45495
manifested during the developmental period.	45496

(6) "Psychologist" has the same meaning as in section 4732.01	45497
of the Revised Code.	45498

(H) Whenever the term "mentally retarded person" is used in	45499
any statute, rule, contract, grant, or other document, the	45500
reference shall be deemed to include a "person with intellectual	45501
disability," as defined in this section.	45502

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	45503
of the Revised Code, an eligible offender may apply to the	45504
sentencing court if convicted in this state, or to a court of	45505
common pleas if convicted in another state or in a federal court,	45506
for the sealing of the conviction record. Application may be made	45507
at the expiration of three years after the offender's final	45508
discharge if convicted of a felony, or at the expiration of one	45509
year after the offender's final discharge if convicted of a	45510
misdemeanor.	45511

(2) Any person who has been arrested for any misdemeanor	45512
offense and who has effected a bail forfeiture may apply to the	45513
court in which the misdemeanor criminal case was pending when bail	45514
was forfeited for the sealing of the record of the case. Except as	45515
provided in section 2953.61 of the Revised Code, the application	45516
may be filed at any time after the expiration of one year from the	45517
date on which the bail forfeiture was entered upon the minutes of	45518
the court or the journal, whichever entry occurs first.	45519

(B) Upon the filing of an application under this section, the	45520
court shall set a date for a hearing and shall notify the	45521
prosecutor for the case of the hearing on the application. The	45522
prosecutor may object to the granting of the application by filing	45523
an objection with the court prior to the date set for the hearing.	45524
The prosecutor shall specify in the objection the reasons for	45525
believing a denial of the application is justified. The court	45526
shall direct its regular probation officer, a state probation	45527
officer, or the department of probation of the county in which the	45528
applicant resides to make inquiries and written reports as the	45529
court requires concerning the applicant. If the applicant was	45530
convicted of or pleaded guilty to a violation of division (A)(2)	45531
or (B) of section 2919.21 of the Revised Code, the probation	45532
officer or county department of probation that the court directed	45533
to make inquiries concerning the applicant shall contact the child	45534
support enforcement agency enforcing the applicant's obligations	45535
under the child support order to inquire about the offender's	45536
compliance with the child support order.	45537

(C)(1) The court shall do each of the following:

45538

(a) Determine whether the applicant is an eligible offender	45539
or whether the forfeiture of bail was agreed to by the applicant	45540
and the prosecutor in the case. If the applicant applies as an	45541
eligible offender pursuant to division (A)(1) of this section and	45542
has two or three convictions that result from the same indictment,	45543
information, or complaint, from the same plea of guilty, or from	45544
the same official proceeding, and result from related criminal	45545
acts that were committed within a three-month period but do not	45546
result from the same act or from offenses committed at the same	45547
time, in making its determination under this division, the court	45548
initially shall determine whether it is not in the public interest	45549
for the two or three convictions to be counted as one conviction.	45550
If the court determines that it is not in the public interest for	45551
the two or three convictions to be counted as one conviction, the	45552
court shall determine that the applicant is not an eligible	45553
offender; if the court does not make that determination, the court	45554
shall determine that the offender is an eligible offender.	45555

(b) Determine whether criminal proceedings are pending	45556
against the applicant;	45557

(c) If the applicant is an eligible offender who applies	45558
pursuant to division (A)(1) of this section, determine whether the	45559
applicant has been rehabilitated to the satisfaction of the court;	45560

(d) If the prosecutor has filed an objection in accordance	45561
with division (B) of this section, consider the reasons against	45562
granting the application specified by the prosecutor in the	45563
objection;	45564

(e) Weigh the interests of the applicant in having the	45565
records pertaining to the applicant's conviction sealed against	45566
the legitimate needs, if any, of the government to maintain those	45567
records.	45568

(2) If the court determines, after complying with division	45569
(C)(1) of this section, that the applicant is an eligible offender	45570
or the subject of a bail forfeiture, that no criminal proceeding	45571
is pending against the applicant, and that the interests of the	45572
applicant in having the records pertaining to the applicant's	45573
conviction or bail forfeiture sealed are not outweighed by any	45574
legitimate governmental needs to maintain those records, and that	45575
the rehabilitation of an applicant who is an eligible offender	45576
applying pursuant to division (A)(1) of this section has been	45577
attained to the satisfaction of the court, the court, except as	45578
provided in divisions (G) and (H) of this section, shall order all	45579
official records pertaining to the case sealed and, except as	45580
provided in division (F) of this section, all index references to	45581
the case deleted and, in the case of bail forfeitures, shall	45582
dismiss the charges in the case. The proceedings in the case shall	45583
be considered not to have occurred and the conviction or bail	45584
forfeiture of the person who is the subject of the proceedings	45585
shall be sealed, except that upon conviction of a subsequent	45586
offense, the sealed record of prior conviction or bail forfeiture	45587
may be considered by the court in determining the sentence or	45588
other appropriate disposition, including the relief provided for	45589
in sections 2953.31 to 2953.33 of the Revised Code.	45590

(3) Upon the filing of an application under this section, the	45591
applicant, unless indigent, shall pay a fee of fifty dollars. The	45592
court shall pay thirty dollars of the fee into the state treasury.	45593
It shall pay twenty dollars of the fee into the county general	45594
revenue fund if the sealed conviction or bail forfeiture was	45595
pursuant to a state statute, or into the general revenue fund of	45596
the municipal corporation involved if the sealed conviction or	45597
bail forfeiture was pursuant to a municipal ordinance.	45598

(D) Inspection of the sealed records included in the order	45599
may be made only by the following persons or for the following	45600
purposes:	45601

(1) By a law enforcement officer or prosecutor, or the	45602
assistants of either, to determine whether the nature and	45603
character of the offense with which a person is to be charged	45604
would be affected by virtue of the person's previously having been	45605
convicted of a crime;	45606

(2) By the parole or probation officer of the person who is	45607
the subject of the records, for the exclusive use of the officer	45608
in supervising the person while on parole or under a community	45609
control sanction or a post-release control sanction, and in making	45610
inquiries and written reports as requested by the court or adult	45611
parole authority;	45612

(3) Upon application by the person who is the subject of the	45613
records, by the persons named in the application;	45614

(4) By a law enforcement officer who was involved in the	45615
case, for use in the officer's defense of a civil action arising	45616
out of the officer's involvement in that case;	45617

(5) By a prosecuting attorney or the prosecuting attorney's	45618
assistants, to determine a defendant's eligibility to enter a	45619
pre-trial diversion program established pursuant to section	45620
2935.36 of the Revised Code;	45621

(6) By any law enforcement agency or any authorized employee	45622
of a law enforcement agency or by the department of rehabilitation	45623
and correction as part of a background investigation of a person	45624
who applies for employment with the agency as a law enforcement	45625
officer or with the department as a corrections officer;	45626

(7) By any law enforcement agency or any authorized employee	45627
of a law enforcement agency, for the purposes set forth in, and in	45628
the manner provided in, section 2953.321 of the Revised Code;	45629

(8) By the bureau of criminal identification and	45630
investigation or any authorized employee of the bureau for the	45631
purpose of providing information to a board or person pursuant to	45632
division (F) or (G) of section 109.57 of the Revised Code;	45633

(9) By the bureau of criminal identification and	45634
investigation or any authorized employee of the bureau for the	45635
purpose of performing a criminal history records check on a person	45636
to whom a certificate as prescribed in section 109.77 of the	45637
Revised Code is to be awarded;	45638

(10) By the bureau of criminal identification and	45639
investigation or any authorized employee of the bureau for the	45640
purpose of conducting a criminal records check of an individual	45641
pursuant to division (B) of section 109.572 of the Revised Code	45642
that was requested pursuant to any of the sections identified in	45643
division (B)(1) of that section;	45644

(11) By the bureau of criminal identification and	45645
investigation, an authorized employee of the bureau, a sheriff, or	45646
an authorized employee of a sheriff in connection with a criminal	45647
records check described in section 311.41 of the Revised Code;	45648

(12) By the attorney general or an authorized employee of the	45649
attorney general or a court for purposes of determining a person's	45650
classification pursuant to Chapter 2950. of the Revised Code;	45651

(13) By a prosecuting attorney or the attorney general, or	45652
the assistants of either, for purposes of defending or	45653
participating in a civil action brought pursuant to division	45654
(B)(1) of section 2743.48 of the Revised Code.	45655

When the nature and character of the offense with which a	45656
person is to be charged would be affected by the information, it	45657
may be used for the purpose of charging the person with an	45658
offense.	45659

(E) In any criminal proceeding, proof of any otherwise	45660
admissible prior conviction may be introduced and proved,	45661
notwithstanding the fact that for any such prior conviction an	45662
order of sealing previously was issued pursuant to sections	45663
2953.31 to 2953.36 of the Revised Code.	45664

(F) The person or governmental agency, office, or department	45665
that maintains sealed records pertaining to convictions or bail	45666
forfeitures that have been sealed pursuant to this section may	45667
maintain a manual or computerized index to the sealed records. The	45668
index shall contain only the name of, and alphanumeric identifiers	45669
that relate to, the persons who are the subject of the sealed	45670
records, the word "sealed," and the name of the person, agency,	45671
office, or department that has custody of the sealed records, and	45672
shall not contain the name of the crime committed. The index shall	45673
be made available by the person who has custody of the sealed	45674
records only for the purposes set forth in divisions (C), (D), and	45675
(E) of this section.	45676

(G) Notwithstanding any provision of this section or section	45677
2953.33 of the Revised Code that requires otherwise, a board of	45678
education of a city, local, exempted village, or joint vocational	45679
school district that maintains records of an individual who has	45680
been permanently excluded under sections 3301.121 and 3313.662 of	45681
the Revised Code is permitted to maintain records regarding a	45682
conviction that was used as the basis for the individual's	45683
permanent exclusion, regardless of a court order to seal the	45684
record. An order issued under this section to seal the record of a	45685
conviction does not revoke the adjudication order of the	45686
superintendent of public instruction to permanently exclude the	45687
individual who is the subject of the sealing order. An order	45688
issued under this section to seal the record of a conviction of an	45689
individual may be presented to a district superintendent as	45690
evidence to support the contention that the superintendent should	45691
recommend that the permanent exclusion of the individual who is	45692
the subject of the sealing order be revoked. Except as otherwise	45693
authorized by this division and sections 3301.121 and 3313.662 of	45694
the Revised Code, any school employee in possession of or having	45695
access to the sealed conviction records of an individual that were	45696
the basis of a permanent exclusion of the individual is subject to	45697
section 2953.35 of the Revised Code.	45698

(H) For purposes of sections 2953.31 to 2953.36 of the	45699
Revised Code, DNA records collected in the DNA database and	45700
fingerprints filed for record by the superintendent of the bureau	45701
of criminal identification and investigation shall not be sealed	45702
unless the superintendent receives a certified copy of a final	45703
court order establishing that the offender's conviction has been	45704
overturned. For purposes of this section, a court order is not	45705
"final" if time remains for an appeal or application for	45706
discretionary review with respect to the order.	45707

Sec. 2967.22. Whenever it is brought to the attention of the	45708
adult parole authority or a department of probation that a	45709
parolee, person under a community control sanction, person under	45710
transitional control, or releasee appears to be a mentally ill	45711
person subject to hospitalization by court order, as defined in	45712
section 5122.01 of the Revised Code, or a mentally retarded person	45713
subject to institutionalization by court order, as defined in	45714
section 5123.01 of the Revised Code, the parole or probation	45715
officer, subject to the approval of the chief of the adult parole	45716
authority, the designee of the chief of the adult parole	45717
authority, or the chief probation officer, may file an affidavit	45718
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	45719
person under a community control sanction, or releasee who is	45720
involuntarily detained under Chapter 5122. or 5123. of the Revised	45721
Code shall receive credit against the period of parole or	45722
community control or the term of post-release control for the	45723
period of involuntary detention.	45724

If a parolee, person under a community control sanction,	45725
person under transitional control, or releasee escapes from an	45726
institution or facility within the department of ~~mental health~~	45727
mental health and addiction services or the department of	45728
developmental disabilities, the superintendent of the institution	45729
immediately shall notify the chief of the adult parole authority	45730
or the chief probation officer. Notwithstanding the provisions of	45731
section 5122.26 of the Revised Code, the procedure for the	45732
apprehension, detention, and return of the parolee, person under a	45733
community control sanction, person under transitional control, or	45734
releasee is the same as that provided for the apprehension,	45735
detention, and return of persons who escape from institutions	45736
operated by the department of rehabilitation and correction. If	45737
the escaped parolee, person under transitional control, or	45738
releasee is not apprehended and returned to the custody of the	45739
department of ~~mental health~~mental health and addiction services	45740
or the department of developmental disabilities within ninety days	45741
after the escape, the parolee, person under transitional control,	45742
or releasee shall be discharged from the custody of the department	45743
of ~~mental health~~mental health and addiction services or the	45744
department of developmental disabilities and returned to the	45745
custody of the department of rehabilitation and correction. If the	45746
escaped person under a community control sanction is not	45747
apprehended and returned to the custody of the department of	45748
~~mental health~~mental health and addiction services or the	45749
department of developmental disabilities within ninety days after	45750
the escape, the person under a community control sanction shall be	45751
discharged from the custody of the department of ~~mental health~~	45752
mental health and addiction services or the department of	45753
developmental disabilities and returned to the custody of the	45754
court that sentenced that person.	45755

Sec. 2981.01. (A) Forfeitures under this chapter shall be	45756
governed by all of the following purposes:	45757

(1) To provide economic disincentives and remedies to deter	45758
and offset the economic effect of offenses by seizing and	45759
forfeiting contraband, proceeds, and certain instrumentalities;	45760

(2) To ensure that seizures and forfeitures of	45761
instrumentalities are proportionate to the offense committed;	45762

(3) To protect third parties from wrongful forfeiture of	45763
their property;	45764

(4) To prioritize restitution for victims of offenses.

45765

(B) As used in this chapter:

45766

(1) "Aircraft" has the same meaning as in section 4561.01 of	45767
the Revised Code.	45768

(2) "Computers," "computer networks," "computer systems,"	45769
"computer software," and "telecommunications device" have the same	45770
meanings as in section 2913.01 of the Revised Code.	45771

(3) "Financial institution" means a bank, credit union,	45772
savings and loan association, or a licensee or registrant under	45773
Chapter 1321. of the Revised Code.	45774

(4) "Firearm" and "dangerous ordnance" have the same meanings	45775
as in section 2923.11 of the Revised Code.	45776

(5) "Innocent person" includes any bona fide purchaser of	45777
property that is subject to forfeiture, including any person who	45778
establishes a valid claim to or interest in the property in	45779
accordance with section 2923.04 of the Revised Code, and any	45780
victim of an alleged offense.	45781

(6) "Instrumentality" means property otherwise lawful to	45782
possess that is used in or intended to be used in an offense. An	45783
"instrumentality" may include, but is not limited to, a firearm, a	45784
mobile instrumentality, a computer, a computer network, a computer	45785
system, computer software, a telecommunications device, money, and	45786
any other means of exchange.	45787

(7) "Law enforcement agency" includes, but is not limited to,	45788
the state board of pharmacy, the enforcement division of the	45789
department of taxation, the Ohio casino control commission, and	45790
the office of the prosecutor.	45791

(8) "Mobile instrumentality" means an instrumentality that is	45792
inherently mobile and used in the routine transport of persons.	45793
"Mobile instrumentality" includes, but is not limited to, any	45794
vehicle, any watercraft, and any aircraft.	45795

(9) "Money" has the same meaning as in section 1301.201 of	45796
the Revised Code.	45797

(10) "Offense" means any act or omission that could be	45798
charged as a criminal offense or a delinquent act, whether or not	45799
a formal criminal prosecution or delinquent child proceeding began	45800
at the time the forfeiture is initiated. Except as otherwise	45801
specified, an offense for which property may be forfeited includes	45802
any felony and any misdemeanor. The commission of an "offense"	45803
includes the commission of a delinquent act.	45804

(11) "Proceeds" means both of the following:

45805

(a) In cases involving unlawful goods, services, or	45806
activities, "proceeds" means any property derived directly or	45807
indirectly from an offense. "Proceeds" may include, but is not	45808
limited to, money or any other means of exchange. "Proceeds" is	45809
not limited to the net gain or profit realized from the offense.	45810

(b) In cases involving lawful goods or services that are sold	45811
or provided in an unlawful manner, "proceeds" means the amount of	45812
money or other means of exchange acquired through the illegal	45813
transactions resulting in the forfeiture, less the direct costs	45814
lawfully incurred in providing the goods or services. The lawful	45815
costs deduction does not include any part of the overhead expenses	45816
of, or income taxes paid by, the entity providing the goods or	45817
services. The alleged offender or delinquent child has the burden	45818
to prove that any costs are lawfully incurred.	45819

(12) "Property" means "property" as defined in section	45820
2901.01 of the Revised Code and any benefit, privilege, claim,	45821
position, interest in an enterprise, or right derived, directly or	45822
indirectly, from the offense.	45823

(13) "Property subject to forfeiture" includes contraband and	45824
proceeds and may include instrumentalities as provided in this	45825
chapter.	45826

(14) "Prosecutor" has the same meaning as in section 2935.01	45827
of the Revised Code. When relevant, "prosecutor" also includes the	45828
attorney general.	45829

(15) "Vehicle" has the same meaning as in section 4501.01 of	45830
the Revised Code.	45831

(16) "Watercraft" has the same meaning as in section 1547.01	45832
of the Revised Code.	45833

(C) The penalties and procedures under Chapters 2923., 2925.,	45834
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	45835
extent that they do not conflict with this chapter.	45836

Sec. 2981.12. (A) Unclaimed or forfeited property in the	45837
custody of a law enforcement agency, other than property described	45838
in division (A)(2) of section 2981.11 of the Revised Code, shall	45839
be disposed of by order of any court of record that has	45840
territorial jurisdiction over the political subdivision that	45841
employs the law enforcement agency, as follows:	45842

(1) Drugs shall be disposed of pursuant to section 3719.11 of	45843
the Revised Code or placed in the custody of the secretary of the	45844
treasury of the United States for disposal or use for medical or	45845
scientific purposes under applicable federal law.	45846

(2) Firearms and dangerous ordnance suitable for police work	45847
may be given to a law enforcement agency for that purpose.	45848
Firearms suitable for sporting use or as museum pieces or	45849
collectors' items may be sold at public auction pursuant to	45850
division (B) of this section. The agency may sell other firearms	45851
and dangerous ordnance to a federally licensed firearms dealer in	45852
a manner that the court considers proper. The agency shall destroy	45853
any firearms or dangerous ordnance not given to a law enforcement	45854
agency or sold or shall send them to the bureau of criminal	45855
identification and investigation for destruction by the bureau.	45856

(3) Obscene materials shall be destroyed.

45857

(4) Beer, intoxicating liquor, or alcohol seized from a	45858
person who does not hold a permit issued under Chapters 4301. and	45859
4303. of the Revised Code or otherwise forfeited to the state for	45860
an offense under section 4301.45 or 4301.53 of the Revised Code	45861
shall be sold by the division of liquor control if the division	45862
determines that it is fit for sale or shall be placed in the	45863
custody of the investigations unit in the department of public	45864
safety and be used for training relating to law enforcement	45865
activities. The department, with the assistance of the division of	45866
liquor control, shall adopt rules in accordance with Chapter 119.	45867
of the Revised Code to provide for the distribution to state or	45868
local law enforcement agencies upon their request. If any tax	45869
imposed under Title XLIII of the Revised Code has not been paid in	45870
relation to the beer, intoxicating liquor, or alcohol, any moneys	45871
acquired from the sale shall first be used to pay the tax. All	45872
other money collected under this division shall be paid into the	45873
state treasury. Any beer, intoxicating liquor, or alcohol that the	45874
division determines to be unfit for sale shall be destroyed.	45875

(5) Money received by an inmate of a correctional institution	45876
from an unauthorized source or in an unauthorized manner shall be	45877
returned to the sender, if known, or deposited in the inmates'	45878
industrial and entertainment fund of the institution if the sender	45879
is not known.	45880

(6)(a) Any mobile instrumentality forfeited under this	45881
chapter may be given to the law enforcement agency that initially	45882
seized the mobile instrumentality for use in performing its	45883
duties, if the agency wants the mobile instrumentality. The agency	45884
shall take the mobile instrumentality subject to any security	45885
interest or lien on the mobile instrumentality.	45886

(b) Vehicles and vehicle parts forfeited under sections	45887
4549.61 to 4549.63 of the Revised Code may be given to a law	45888
enforcement agency for use in performing its duties. Those parts	45889
may be incorporated into any other official vehicle. Parts that do	45890
not bear vehicle identification numbers or derivatives of them may	45891
be sold or disposed of as provided by rules of the director of	45892
public safety. Parts from which a vehicle identification number or	45893
derivative of it has been removed, defaced, covered, altered, or	45894
destroyed and that are not suitable for police work or	45895
incorporation into an official vehicle shall be destroyed and sold	45896
as junk or scrap.	45897

(7) Computers, computer networks, computer systems, and	45898
computer software suitable for police work may be given to a law	45899
enforcement agency for that purpose or disposed of under division	45900
(B) of this section.	45901

(8) Money seized in connection with a violation of section	45902
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	45903
deposited in the victims of human trafficking fund created by	45904
section 5101.87 of the Revised Code.	45905

(B) Unclaimed or forfeited property that is not described in	45906
division (A) of this section or division (A)(2) of section 2981.11	45907
of the Revised Code, with court approval, may be used by the law	45908
enforcement agency in possession of it. If it is not used by the	45909
agency, it may be sold without appraisal at a public auction to	45910
the highest bidder for cash or disposed of in another manner that	45911
the court considers proper.	45912

(C) Except as provided in divisions (A) and (F) of this	45913
section and after compliance with division (D) of this section	45914
when applicable, any moneys acquired from the sale of property	45915
disposed of pursuant to this section shall be placed in the	45916
general revenue fund of the state, or the general fund of the	45917
county, the township, or the municipal corporation of which the	45918
law enforcement agency involved is an agency.	45919

(D) If the property was in the possession of the law	45920
enforcement agency in relation to a delinquent child proceeding in	45921
a juvenile court, ten per cent of any moneys acquired from the	45922
sale of property disposed of under this section shall be applied	45923
to one or more ~~alcohol and drug~~community addiction treatment	45924
~~programs~~services providers that are certified by the department	45925
of ~~alcohol and drug addiction services~~mental health and addiction	45926
services under section ~~3793.06~~5119.36 of the Revised Code. A	45927
juvenile court shall not specify a ~~program~~services provider,	45928
except as provided in this division, unless the ~~program~~services	45929
provider is in the same county as the court or in a contiguous	45930
county. If no certified ~~program~~services provider is located in	45931
any of those counties, the juvenile court may specify a certified	45932
~~program~~services provider anywhere in Ohio. The remaining ninety	45933
per cent of the proceeds or cash shall be applied as provided in	45934
division (C) of this section.	45935

Each ~~treatment program~~services provider that receives in any	45936
calendar year forfeited money under this division shall file an	45937
annual report for that year with the attorney general and with the	45938
court of common pleas and board of county commissioners of the	45939
county in which the ~~program~~services provider is located and of	45940
any other county from which the ~~program~~services provider received	45941
forfeited money. The ~~program~~services provider shall file the	45942
report on or before the first day of March in the calendar year	45943
following the calendar year in which the ~~program~~services provider	45944
received the money. The report shall include statistics on the	45945
number of persons the ~~program~~services provider served, identify	45946
the types of treatment services it provided to them, and include a	45947
specific accounting of the purposes for which it used the money so	45948
received. No information contained in the report shall identify,	45949
or enable a person to determine the identity of, any person served	45950
by the ~~program~~services provider.	45951

(E) Each certified ~~alcohol and drug~~community addiction	45952
~~treatment program~~services provider that receives in any calendar	45953
year money under this section or under section 2981.13 of the	45954
Revised Code as the result of a juvenile forfeiture order shall	45955
file an annual report for that calendar year with the attorney	45956
general and with the court of common pleas and board of county	45957
commissioners of the county in which the ~~program~~services provider	45958
is located and of any other county from which the ~~program~~services	45959
provider received the money. The ~~program~~services provider shall	45960
file the report on or before the first day of March in the	45961
calendar year following the year in which the ~~program~~services	45962
provider received the money. The report shall include statistics	45963
on the number of persons served with the money, identify the types	45964
of treatment services provided, and specifically account for how	45965
the money was used. No information in the report shall identify or	45966
enable a person to determine the identity of anyone served by the	45967
~~program~~services provider.	45968

As used in this division, "juvenile-related forfeiture order"	45969
means any forfeiture order issued by a juvenile court under	45970
section 2981.04 or 2981.05 of the Revised Code and any disposal of	45971
property ordered by a court under section 2981.11 of the Revised	45972
Code regarding property that was in the possession of a law	45973
enforcement agency in relation to a delinquent child proceeding in	45974
a juvenile court.	45975

(F) Each board of county commissioners that recognizes a	45976
citizens' reward program under section 9.92 of the Revised Code	45977
shall notify each law enforcement agency of that county and of a	45978
township or municipal corporation wholly located in that county of	45979
the recognition by filing a copy of its resolution conferring that	45980
recognition with each of those agencies. When the board recognizes	45981
a citizens' reward program and the county includes a part, but not	45982
all, of the territory of a municipal corporation, the board shall	45983
so notify the law enforcement agency of that municipal corporation	45984
of the recognition of the citizens' reward program only if the	45985
county contains the highest percentage of the municipal	45986
corporation's population.	45987

Upon being so notified, each law enforcement agency shall pay	45988
twenty-five per cent of any forfeited proceeds or cash derived	45989
from each sale of property disposed of pursuant to this section to	45990
the citizens' reward program for use exclusively to pay rewards.	45991
No part of the funds may be used to pay expenses associated with	45992
the program. If a citizens' reward program that operates in more	45993
than one county or in another state in addition to this state	45994
receives funds under this section, the funds shall be used to pay	45995
rewards only for tips and information to law enforcement agencies	45996
concerning offenses committed in the county from which the funds	45997
were received.	45998

Receiving funds under this section or section 2981.11 of the	45999
Revised Code does not make the citizens' reward program a	46000
governmental unit or public office for purposes of section 149.43	46001
of the Revised Code.	46002

(G) Any property forfeited under this chapter shall not be	46003
used to pay any fine imposed upon a person who is convicted of or	46004
pleads guilty to an underlying criminal offense or a different	46005
offense arising out of the same facts and circumstances.	46006

(H) Any moneys acquired from the sale of personal effects,	46007
tools, or other property seized because the personal effects,	46008
tools, or other property were used in the commission of a	46009
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	46010
Code or derived from the proceeds of the commission of a violation	46011
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	46012
disposed of pursuant to this section shall be placed in the	46013
victims of human trafficking fund created by section 5101.87 of	46014
the Revised Code.	46015

Sec. 2981.13. (A) Except as otherwise provided in this	46016
section, property ordered forfeited as contraband, proceeds, or an	46017
instrumentality pursuant to this chapter shall be disposed of,	46018
used, or sold pursuant to section 2981.12 of the Revised Code. If	46019
the property is to be sold under that section, the prosecutor	46020
shall cause notice of the proposed sale to be given in accordance	46021
with law.	46022

(B) If the contraband or instrumentality forfeited under this	46023
chapter is sold, any moneys acquired from a sale and any proceeds	46024
forfeited under this chapter shall be applied in the following	46025
order:	46026

(1) First, to pay costs incurred in the seizure, storage,	46027
maintenance, security, and sale of the property and in the	46028
forfeiture proceeding;	46029

(2) Second, in a criminal forfeiture case, to satisfy any	46030
restitution ordered to the victim of the offense or, in a civil	46031
forfeiture case, to satisfy any recovery ordered for the person	46032
harmed, unless paid from other assets;	46033

(3) Third, to pay the balance due on any security interest	46034
preserved under this chapter;	46035

(4) Fourth, apply the remaining amounts as follows:

46036

(a) If the forfeiture was ordered by a juvenile court, ten	46037
per cent to one or more certified alcohol and drug addiction	46038
treatment programs as provided in division (D) of section 2981.12	46039
of the Revised Code;	46040

(b) If the forfeiture was ordered in a juvenile court, ninety	46041
per cent, and if the forfeiture was ordered in a court other than	46042
a juvenile court, one hundred per cent to the law enforcement	46043
trust fund of the prosecutor and to the following fund supporting	46044
the law enforcement agency that substantially conducted the	46045
investigation: the law enforcement trust fund of the county	46046
sheriff, municipal corporation, township, or park district created	46047
under section 511.18 or 1545.01 of the Revised Code; the state	46048
highway patrol contraband, forfeiture, and other fund; the	46049
department of public safety investigative unit contraband,	46050
forfeiture, and other fund; the department of taxation enforcement	46051
fund; the board of pharmacy drug law enforcement fund created by	46052
division (B)(1) of section 4729.65 of the Revised Code; the	46053
medicaid fraud investigation and prosecution fund; the casino	46054
control commission enforcement fund created by section 3772.36 of	46055
the Revised Code; or the treasurer of state for deposit into the	46056
peace officer training commission fund if any other state law	46057
enforcement agency substantially conducted the investigation. In	46058
the case of property forfeited for medicaid fraud, any remaining	46059
amount shall be used by the attorney general to investigate and	46060
prosecute medicaid fraud offenses.	46061

If the prosecutor declines to accept any of the remaining	46062
amounts, the amounts shall be applied to the fund of the agency	46063
that substantially conducted the investigation.	46064

(c) If more than one law enforcement agency is substantially	46065
involved in the seizure of property forfeited under this chapter,	46066
the court ordering the forfeiture shall equitably divide the	46067
amounts, after calculating any distribution to the law enforcement	46068
trust fund of the prosecutor pursuant to division (B)(4) of this	46069
section, among the entities that the court determines were	46070
substantially involved in the seizure.	46071

(C)(1) A law enforcement trust fund shall be established by	46072
the prosecutor of each county who intends to receive any remaining	46073
amounts pursuant to this section, by the sheriff of each county,	46074
by the legislative authority of each municipal corporation, by the	46075
board of township trustees of each township that has a township	46076
police department, township or joint police district police force,	46077
or office of the constable, and by the board of park commissioners	46078
of each park district created pursuant to section 511.18 or	46079
1545.01 of the Revised Code that has a park district police force	46080
or law enforcement department, for the purposes of this section.	46081

There is hereby created in the state treasury the state	46082
highway patrol contraband, forfeiture, and other fund, the	46083
department of public safety investigative unit contraband,	46084
forfeiture, and other fund, the medicaid fraud investigation and	46085
prosecution fund, the department of taxation enforcement fund, and	46086
the peace officer training commission fund, for the purposes of	46087
this section.	46088

Amounts distributed to any municipal corporation, township,	46089
or park district law enforcement trust fund shall be allocated	46090
from the fund by the legislative authority only to the police	46091
department of the municipal corporation, by the board of township	46092
trustees only to the township police department, township police	46093
district police force, or office of the constable, by the joint	46094
police district board only to the joint police district, and by	46095
the board of park commissioners only to the park district police	46096
force or law enforcement department.	46097

(2)(a) No amounts shall be allocated to a fund created under	46098
this section or used by an agency unless the agency has adopted a	46099
written internal control policy that addresses the use of moneys	46100
received from the appropriate fund. The appropriate fund shall be	46101
expended only in accordance with that policy and, subject to the	46102
requirements specified in this section, only for the following	46103
purposes:	46104

(i) To pay the costs of protracted or complex investigations	46105
or prosecutions;	46106

(ii) To provide reasonable technical training or expertise;

46107

(iii) To provide matching funds to obtain federal grants to	46108
aid law enforcement, in the support of DARE programs or other	46109
programs designed to educate adults or children with respect to	46110
the dangers associated with the use of drugs of abuse;	46111

(iv) To pay the costs of emergency action taken under section	46112
3745.13 of the Revised Code relative to the operation of an	46113
illegal methamphetamine laboratory if the forfeited property or	46114
money involved was that of a person responsible for the operation	46115
of the laboratory;	46116

(v) For other law enforcement purposes that the	46117
superintendent of the state highway patrol, department of public	46118
safety, prosecutor, county sheriff, legislative authority,	46119
department of taxation, Ohio casino control commission, board of	46120
township trustees, or board of park commissioners determines to be	46121
appropriate.	46122

(b) The board of pharmacy drug law enforcement fund shall be	46123
expended only in accordance with the written internal control	46124
policy so adopted by the board and only in accordance with section	46125
4729.65 of the Revised Code, except that it also may be expended	46126
to pay the costs of emergency action taken under section 3745.13	46127
of the Revised Code relative to the operation of an illegal	46128
methamphetamine laboratory if the forfeited property or money	46129
involved was that of a person responsible for the operation of the	46130
laboratory.	46131

(c) The state highway patrol contraband, forfeiture, and	46132
other fund, the department of public safety investigative unit	46133
contraband, forfeiture, and other fund, the department of taxation	46134
enforcement fund, the board of pharmacy drug law enforcement fund,	46135
the casino control commission enforcement fund, and a law	46136
enforcement trust fund shall not be used to meet the operating	46137
costs of the state highway patrol, of the investigative unit of	46138
the department of public safety, of the state board of pharmacy,	46139
of any political subdivision, of the Ohio casino control	46140
commission, or of any office of a prosecutor or county sheriff	46141
that are unrelated to law enforcement.	46142

(d) Forfeited moneys that are paid into the state treasury to	46143
be deposited into the peace officer training commission fund shall	46144
be used by the commission only to pay the costs of peace officer	46145
training.	46146

(3) Any of the following offices or agencies that receive	46147
amounts under this section during any calendar year shall file a	46148
report with the specified entity, not later than the thirty-first	46149
day of January of the next calendar year, verifying that the	46150
moneys were expended only for the purposes authorized by this	46151
section or other relevant statute and specifying the amounts	46152
expended for each authorized purpose:	46153

(a) Any sheriff or prosecutor shall file the report with the	46154
county auditor.	46155

(b) Any municipal corporation police department shall file	46156
the report with the legislative authority of the municipal	46157
corporation.	46158

(c) Any township police department, township or joint police	46159
district police force, or office of the constable shall file the	46160
report with the board of township trustees of the township.	46161

(d) Any park district police force or law enforcement	46162
department shall file the report with the board of park	46163
commissioners of the park district.	46164

(e) The superintendent of the state highway patrol and the	46165
tax commissioner shall file the report with the attorney general.	46166

(f) The executive director of the state board of pharmacy	46167
shall file the report with the attorney general, verifying that	46168
cash and forfeited proceeds paid into the board of pharmacy drug	46169
law enforcement fund were used only in accordance with section	46170
4729.65 of the Revised Code.	46171

(g) The peace officer training commission shall file a report	46172
with the attorney general, verifying that cash and forfeited	46173
proceeds paid into the peace officer training commission fund	46174
pursuant to this section during the prior calendar year were used	46175
by the commission during the prior calendar year only to pay the	46176
costs of peace officer training.	46177

(h) The executive director of the Ohio casino control	46178
commission shall file the report with the attorney general,	46179
verifying that cash and forfeited proceeds paid into the casino	46180
control commission enforcement fund were used only in accordance	46181
with section 3772.36 of the Revised Code.	46182

(D) The written internal control policy of a county sheriff,	46183
prosecutor, municipal corporation police department, township	46184
police department, township or joint police district police force,	46185
office of the constable, or park district police force or law	46186
enforcement department shall provide that at least ten per cent of	46187
the first one hundred thousand dollars of amounts deposited during	46188
each calendar year in the agency's law enforcement trust fund	46189
under this section, and at least twenty per cent of the amounts	46190
exceeding one hundred thousand dollars that are so deposited,	46191
shall be used in connection with community preventive education	46192
programs. The manner of use shall be determined by the sheriff,	46193
prosecutor, department, police force, or office of the constable	46194
after receiving and considering advice on appropriate community	46195
preventive education programs from the county's board of alcohol,	46196
drug addiction, and mental health services, from the county's	46197
alcohol and drug addiction services board, or through appropriate	46198
community dialogue.	46199

The financial records kept under the internal control policy	46200
shall specify the amount deposited during each calendar year in	46201
the portion of that amount that was used pursuant to this	46202
division, and the programs in connection with which the portion of	46203
that amount was so used.	46204

As used in this division, "community preventive education	46205
programs" include, but are not limited to, DARE programs and other	46206
programs designed to educate adults or children with respect to	46207
the dangers associated with using drugs of abuse.	46208

(E) Upon the sale, under this section or section 2981.12 of	46209
the Revised Code, of any property that is required by law to be	46210
titled or registered, the state shall issue an appropriate	46211
certificate of title or registration to the purchaser. If the	46212
state is vested with title and elects to retain property that is	46213
required to be titled or registered under law, the state shall	46214
issue an appropriate certificate of title or registration.	46215

(F) Any failure of a law enforcement officer or agency,	46216
prosecutor, court, or the attorney general to comply with this	46217
section in relation to any property seized does not affect the	46218
validity of the seizure and shall not be considered to be the	46219
basis for suppressing any evidence resulting from the seizure,	46220
provided the seizure itself was lawful.	46221

Sec. 3101.051. (A) Except as provided in division (B) of	46222
this section, a probate court shall make available to any person	46223
for inspection the records pertaining to the issuance of marriage	46224
licenses as provided under section 149.43 of the Revised Code.	46225

(B) Before it makes available to a person any records	46226
pertaining to the issuance of a marriage license as described in	46227
division (A) of this section, subject to division (C) of this	46228
section, a probate court shall delete or otherwise remove any	46229
social security numbers of the parties to a marriage so that they	46230
are not available to the person inspecting the records.	46231

(C) Division (B) of this section does not apply in any of the	46232
following circumstances:	46233

(1) If the records in question are inspected by authorized	46234
personnel of the division of child support in the department of	46235
job and family services under section ~~5101.31~~5101.37 of the	46236
Revised Code;	46237

(2) If the records in question are inspected by law	46238
enforcement personnel for purposes of a criminal investigation;	46239

(3) If the records in question with the social security	46240
numbers are necessary for use in a civil or criminal trial and the	46241
release of the records with the social security numbers is ordered	46242
by a court with jurisdiction over the trial;	46243

(4) If the records in question are inspected by either party	46244
to the marriage to which the records pertain;	46245

(5) If the court possessed the records in question prior to	46246
the effective date of this section.	46247

Sec. 3107.083. Not later than ninety days after June 20,	46248
1996, the director of job and family services shall do all of the	46249
following:	46250

(A)(1) For a parent of a child who, if adopted, will be an	46251
adopted person as defined in section 3107.45 of the Revised Code,	46252
prescribe a form that has the following six components:	46253

(a) A component the parent signs under section 3107.071,	46254
3107.081, or 5103.151 of the Revised Code to indicate the	46255
requirements of section 3107.082 or 5103.152 of the Revised Code	46256
have been met. The component shall be as follows:	46257

"Statement Concerning Ohio Law and Adoption Materials	46258

By signing this component of this form, I acknowledge that it	46259
has been explained to me, and I understand, that, if I check the	46260
space on the next component of this form that indicates that I	46261
authorize the release, the adoption file maintained by the Ohio	46262
Department of Health, which contains identifying information about	46263
me at the time of my child's birth, will be released, on request,	46264
to the adoptive parent when the adoptee is at least age eighteen	46265
but younger than age twenty-one and to the adoptee when he or she	46266
is age twenty-one or older. It has also been explained to me, and	46267
I understand, that I may prohibit the release of identifying	46268
information about me contained in the adoption file by checking	46269
the space on the next component of this form that indicates that I	46270
do not authorize the release of the identifying information. It	46271
has additionally been explained to me, and I understand, that I	46272
may change my mind regarding the decision I make on the next	46273
component of this form at any time and as many times as I desire	46274
by signing, dating, and having filed with the Ohio Department of	46275
Health a denial of release form or authorization of release form	46276
prescribed and provided by the Department of Health and providing	46277
the Department two items of identification.	46278

By signing this component of this form, I also acknowledge	46279
that I have been provided a copy of written materials about	46280
adoption prepared by the Ohio Department of Job and Family	46281
Services, the adoption process and ramifications of consenting to	46282
adoption or entering into a voluntary permanent custody surrender	46283
agreement have been discussed with me, and I have been provided	46284
the opportunity to review the materials and ask questions about	46285
the materials and discussion.	46286

Signature of biological parent:		46287
Signature of witness:		46288
Date:	"	46289

(b) A component the parent signs under section 3107.071,	46290
3107.081, or 5103.151 of the Revised Code regarding the parent's	46291
decision whether to allow identifying information about the parent	46292
contained in an adoption file maintained by the department of	46293
health to be released to the parent's child and adoptive parent	46294
pursuant to section 3107.47 of the Revised Code. The component	46295
shall be as follows:	46296

"Statement Regarding Release of Identifying Information	46297

The purpose of this component of this form is to allow a	46298
biological parent to decide whether to allow the Ohio Department	46299
of Health to provide an adoptee and adoptive parent identifying	46300
information about the adoptee's biological parent contained in an	46301
adoption file maintained by the Department. Please check one of	46302
the following spaces:	46303

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		46304
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		46305

Signature of biological parent:		46306
Signature of witness:		46307
Date:	"	46308

(c) A component the parent, if the mother of the child,	46309
completes and signs under section 3107.071, 3107.081, or 5103.151	46310
of the Revised Code to indicate, to the extent of the mother's	46311
knowledge, all of the following:	46312

(i) Whether the mother, during her pregnancy, was a recipient	46313
of the ~~medical assistance~~medicaid program ~~established under~~	46314
~~Chapter 5111. of the Revised Code~~ or other public health insurance	46315
program and, if so, the dates her eligibility began and ended;	46316

(ii) Whether the mother, during her pregnancy, was covered by	46317
private health insurance and, if so, the dates the coverage began	46318
and ended, the name of the insurance provider, the type of	46319
coverage, and the identification number of the coverage;	46320

(iii) The name and location of the hospital, freestanding	46321
~~birth~~birthing center, or other place where the mother gave birth	46322
and, if different, received medical care immediately after giving	46323
birth;	46324

(iv) The expenses of the obstetrical and neonatal care;

46325

(v) Whether the mother has been informed that the adoptive	46326
parent or the agency or attorney arranging the adoption are to pay	46327
expenses involved in the adoption, including expenses the mother	46328
has paid and expects to receive or has received reimbursement,	46329
and, if so, what expenses are to be or have been paid and an	46330
estimate of the expenses;	46331

(vi) Any other information related to expenses the department	46332
determines appropriate to be included in this component.	46333

(d) A component the parent may sign to authorize the agency	46334
or attorney arranging the adoption to provide to the child or	46335
adoptive parent materials, other than photographs of the parent,	46336
that the parent requests be given to the child or adoptive parent	46337
pursuant to section 3107.68 of the Revised Code.	46338

(e) A component the parent may sign to authorize the agency	46339
or attorney arranging the adoption to provide to the child or	46340
adoptive parent photographs of the parent pursuant to section	46341
3107.68 of the Revised Code.	46342

(f) A component the parent may sign to authorize the agency	46343
or attorney arranging the adoption to provide to the child or	46344
adoptive parent the first name of the parent pursuant to section	46345
3107.68 of the Revised Code.	46346

(2) State at the bottom of the form that the parent is to	46347
receive a copy of the form the parent signed.	46348

(3) Provide copies of the form prescribed under this division	46349
to probate and juvenile courts, public children services agencies,	46350
private child placing agencies, private noncustodial agencies,	46351
attorneys, and persons authorized to take acknowledgments.	46352

(B)(1) For a parent of a child who, if adopted, will become	46353
an adopted person as defined in section 3107.39 of the Revised	46354
Code, prescribe a form that has the following five components:	46355

(a) A component the parent signs under section 3107.071,	46356
3107.081, or 5103.151 of the Revised Code to attest that the	46357
requirement of division (A) of section 3107.082 or division (A) of	46358
section 5103.152 of the Revised Code has been met;	46359

(b) A component the parent, if the mother of the child,	46360
completes and signs under section 3107.071, 3107.081, or 5103.151	46361
of the Revised Code to indicate, to the extent of the mother's	46362
knowledge, all of the following:	46363

(i) Whether the mother, during her pregnancy, was a recipient	46364
of the ~~medical assistance~~medicaid program ~~established under~~	46365
~~Chapter 5111. of the Revised Code~~ or other public health insurance	46366
program and, if so, the dates her eligibility began and ended;	46367

(ii) Whether the mother, during her pregnancy, was covered by	46368
private health insurance and, if so, the dates the coverage began	46369
and ended, the name of the insurance provider, the type of	46370
coverage, and the identification number of the coverage;	46371

(iii) The name and location of the hospital, freestanding	46372
~~birth~~birthing center, or other place where the mother gave birth	46373
and, if different, received medical care immediately after giving	46374
birth;	46375

(iv) The expenses of the obstetrical and neonatal care;

46376

(v) Whether the mother has been informed that the adoptive	46377
parent or the agency or attorney arranging the adoption are to pay	46378
expenses involved in the adoption, including expenses the mother	46379
has paid and expects to receive or has received reimbursement for,	46380
and, if so, what expenses are to be or have been paid and an	46381
estimate of the expenses;	46382

(vi) Any other information related to expenses the department	46383
determines appropriate to be included in the component.	46384

(c) A component the parent may sign to authorize the agency	46385
or attorney arranging the adoption to provide to the child or	46386
adoptive parent materials, other than photographs of the parent,	46387
that the parent requests be given to the child or adoptive parent	46388
pursuant to section 3107.68 of the Revised Code.	46389

(d) A component the parent may sign to authorize the agency	46390
or attorney arranging the adoption to provide to the child or	46391
adoptive parent photographs of the parent pursuant to section	46392
3107.68 of the Revised Code.	46393

(e) A component the parent may sign to authorize the agency	46394
or attorney arranging the adoption to provide to the child or	46395
adoptive parent the first name of the parent pursuant to section	46396
3107.68 of the Revised Code.	46397

(2) State at the bottom of the form that the parent is to	46398
receive a copy of the form the parent signed.	46399

(3) Provide copies of the form prescribed under this division	46400
to probate and juvenile courts, public children services agencies,	46401
private child placing agencies, private noncustodial agencies, and	46402
attorneys.	46403

(C) Prepare the written materials about adoption that are	46404
required to be given to parents under division (A) of section	46405
3107.082 and division (A) of section 5103.152 of the Revised Code.	46406
The materials shall provide information about the adoption	46407
process, including ramifications of a parent consenting to a	46408
child's adoption or entering into a voluntary permanent custody	46409
surrender agreement. The materials also shall include referral	46410
information for professional counseling and adoption support	46411
organizations. The director shall provide the materials to	46412
assessors.	46413

(D) Adopt rules in accordance with Chapter 119. of the	46414
Revised Code specifying the documents that must be filed with a	46415
probate court under divisions (B) and (D) of section 3107.081 of	46416
the Revised Code and a juvenile court under divisions (C) and (E)	46417
of section 5103.151 of the Revised Code.	46418

Sec. 3109.15. There is hereby created within the department	46419
of job and family services the children's trust fund board	46420
consisting of fifteen members. The directors of ~~alcohol and drug~~	46421
~~addiction services~~mental health and addiction services, health,	46422
and job and family services shall be members of the board. Eight	46423
public members shall be appointed by the governor. These members	46424
shall be persons with demonstrated knowledge in programs for	46425
children, shall be representative of the demographic composition	46426
of this state, and, to the extent practicable, shall be	46427
representative of the following categories: the educational	46428
community; the legal community; the social work community; the	46429
medical community; the voluntary sector; and professional	46430
providers of child abuse and child neglect services. Five of these	46431
members shall be residents of metropolitan statistical areas as	46432
defined by the United States office of management and budget where	46433
the population exceeds four hundred thousand; no two such members	46434
shall be residents of the same metropolitan statistical area. Two	46435
members of the board shall be members of the house of	46436
representatives appointed by the speaker of the house of	46437
representatives and shall be members of two different political	46438
parties. Two members of the board shall be members of the senate	46439
appointed by the president of the senate and shall be members of	46440
two different political parties. All members of the board	46441
appointed by the speaker of the house of representatives or the	46442
president of the senate shall serve until the expiration of the	46443
sessions of the general assembly during which they were appointed.	46444
They may be reappointed to an unlimited number of successive terms	46445
of two years at the pleasure of the speaker of the house of	46446
representatives or president of the senate. Public members shall	46447
serve terms of three years. Each member shall serve until the	46448
member's successor is appointed, or until a period of sixty days	46449
has elapsed, whichever occurs first. No public member may serve	46450
more than two consecutive full terms. All vacancies on the board	46451
shall be filled for the balance of the unexpired term in the same	46452
manner as the original appointment.	46453

Any member of the board may be removed by the member's	46454
appointing authority for misconduct, incompetency, or neglect of	46455
duty after first being given the opportunity to be heard in the	46456
member's own behalf. Pursuant to section 3.17 of the Revised Code,	46457
a member, except a member of the general assembly or a judge of	46458
any court in the state, who fails to attend at least three-fifths	46459
of the regular and special meetings held by the board during any	46460
two-year period forfeits the member's position on the board.	46461

Each member of the board shall serve without compensation but	46462
shall be reimbursed for all actual and necessary expenses incurred	46463
in the performance of official duties.	46464

At the beginning of the first year of each even-numbered	46465
general assembly, the chairperson of the board shall be appointed	46466
by the speaker of the house of representatives from among members	46467
of the board who are members of the house of representatives. At	46468
the beginning of the first year of each odd-numbered general	46469
assembly, the chairperson of the board shall be appointed by the	46470
president of the senate from among the members of the board who	46471
are senate members.	46472

The board shall biennially select a vice-chair from among its	46473
nonlegislative members.	46474

Sec. 3111.04. (A) An action to determine the existence or	46475
nonexistence of the father and child relationship may be brought	46476
by the child or the child's personal representative, the child's	46477
mother or her personal representative, a man alleged or alleging	46478
himself to be the child's father, the child support enforcement	46479
agency of the county in which the child resides if the child's	46480
mother, father, or alleged father is a recipient of public	46481
assistance or of services under Title IV-D of the "Social Security	46482
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	46483
alleged father's personal representative.	46484

(B) An agreement does not bar an action under this section.

46485

(C) If an action under this section is brought before the	46486
birth of the child and if the action is contested, all	46487
proceedings, except service of process and the taking of	46488
depositions to perpetuate testimony, may be stayed until after the	46489
birth.	46490

(D) A recipient of public assistance or of services under	46491
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	46492
U.S.C.A. 651, as amended, shall cooperate with the child support	46493
enforcement agency of the county in which a child resides to	46494
obtain an administrative determination pursuant to sections	46495
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	46496
determination pursuant to sections 3111.01 to 3111.18 of the	46497
Revised Code, of the existence or nonexistence of a parent and	46498
child relationship between the father and the child. If the	46499
recipient fails to cooperate, the agency may commence an action to	46500
determine the existence or nonexistence of a parent and child	46501
relationship between the father and the child pursuant to sections	46502
3111.01 to 3111.18 of the Revised Code.	46503

(E) As used in this section, "public assistance" means all of	46504
the following:	46505

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

46506

(2) Ohio works first under Chapter 5107. of the Revised Code;

46507

(3) Disability financial assistance under Chapter 5115. of	46508
the Revised Code.	46509

Sec. 3111.72. The contract between the department of job and	46510
family services and a local hospital shall require all of the	46511
following:	46512

(A) That the hospital provide a staff person to meet with	46513
each unmarried mother who gave birth in or en route to the	46514
hospital within twenty-four hours of the birth or before the	46515
mother is released from the hospital;	46516

(B) That the staff person attempt to meet with the father of	46517
the unmarried mother's child if possible;	46518

(C) That the staff person explain to the unmarried mother and	46519
the father, if he is present, the benefit to the child of	46520
establishing a parent and child relationship between the father	46521
and the child and the various proper procedures for establishing a	46522
parent and child relationship;	46523

(D) That the staff person present to the unmarried mother	46524
and, if possible, the father, the pamphlet or statement regarding	46525
the rights and responsibilities of a natural parent that is	46526
prepared and provided by the department of job and family services	46527
pursuant to section 3111.32 of the Revised Code;	46528

(E) That the staff person provide the mother and, if	46529
possible, the father, all forms and statements necessary to	46530
voluntarily establish a parent and child relationship, including,	46531
but not limited to, the acknowledgment of paternity affidavit	46532
prepared by the department of job and family services pursuant to	46533
section 3111.31 of the Revised Code;	46534

(F) That the staff person, at the request of both the mother	46535
and father, help the mother and father complete any form or	46536
statement necessary to establish a parent and child relationship;	46537

(G) That the hospital provide a notary public to notarize an	46538
acknowledgment of paternity affidavit signed by the mother and	46539
father;	46540

(H) That the staff person present to an unmarried mother who	46541
is not participating in the Ohio works first program established	46542
under Chapter 5107. of the Revised Code or receiving ~~medical~~	46543
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	46544
application for Title IV-D services;	46545

(I) That the staff person forward any completed	46546
acknowledgment of paternity, no later than ten days after it is	46547
completed, to the office of child support in the department of job	46548
and family services;	46549

(J) That the department of job and family services pay the	46550
hospital twenty dollars for every correctly signed and notarized	46551
acknowledgment of paternity affidavit from the hospital.	46552

Sec. 3119.29. (A) As used in this section and sections	46553
3119.30 to 3119.56 of the Revised Code:	46554

(1) "Cash medical support" means an amount ordered to be paid	46555
in a child support order toward the cost of health insurance	46556
provided by a public entity, another parent, or person with whom	46557
the child resides, through employment or otherwise, or for other	46558
medical cost not covered by insurance.	46559

(2) "Federal poverty line" has the same meaning as defined in	46560
section 5104.01 of the Revised Code.	46561

(3) "Health care" means such medical support that includes	46562
coverage under a health insurance plan, payment of costs of	46563
premiums, ~~co-payments~~copayments, and deductibles, or payment for	46564
medical expenses incurred on behalf of the child.	46565

(4) "Health insurance coverage" means accessible private	46566
health insurance that provides primary care services within thirty	46567
miles from the residence of the child subject to the child support	46568
order.	46569

(5) "Health plan administrator" means any entity authorized	46570
under Title XXXIX of the Revised Code to engage in the business of	46571
insurance in this state, any health insuring corporation, any	46572
legal entity that is self-insured and provides benefits to its	46573
employees or members, and the administrator of any such entity or	46574
corporation.	46575

(6) "National medical support notice" means a form required	46576
by the "Child Support Performance and Incentive Act of 1998," P.L.	46577
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	46578
jointly developed and promulgated by the secretary of health and	46579
human services and the secretary of labor in federal regulations	46580
adopted under that act as modified by the department of job and	46581
family services under section 3119.291 of the Revised Code.	46582

(7) "Person required to provide health insurance coverage"	46583
means the obligor, obligee, or both, required by the court under a	46584
court child support order or by the child support enforcement	46585
agency under an administrative child support order to provide	46586
health insurance coverage pursuant to section 3119.30 of the	46587
Revised Code.	46588

(8) Subject to division (B) of this section, "reasonable	46589
cost" means the contributing cost of private family health	46590
insurance to the person responsible for the health care of the	46591
children subject to the child support order that does not exceed	46592
an amount equal to five per cent of the annual gross income of	46593
that person.	46594

(9) "Title XIX" has the same meaning as ~~defined~~ in section	46595
~~5111.20~~5165.01 of the Revised Code.	46596

(B) If the United States secretary of health and human	46597
services issues a regulation defining "reasonable cost" or a	46598
similar term or phrase relevant to the provisions in child support	46599
orders relating to the provision of health care for children	46600
subject to the orders, and if that definition is substantively	46601
different from the meaning of "reasonable cost" as defined in	46602
division (A) of this section, "reasonable cost" as used in this	46603
section shall have the meaning as defined by the United States	46604
secretary of health and human services.	46605

Sec. 3119.54. A party to a child support order issued in	46606
accordance with section 3119.30 of the Revised Code shall notify	46607
any physician, hospital, or other provider of medical services	46608
that provides medical services to the child who is the subject of	46609
the child support order of the number of any health insurance or	46610
health care policy, contract, or plan that covers the child if the	46611
child is eligible for ~~medical assistance under Chapter 5111. of~~	46612
~~the Revised Code~~medicaid. The party shall include in the notice	46613
the name and address of the insurer. Any physician, hospital, or	46614
other provider of medical services ~~for which medical assistance is~~	46615
~~available under Chapter 5111. of the Revised Code~~covered by the	46616
medicaid program who is notified under this section of the	46617
existence of a health insurance or health care policy, contract,	46618
or plan with coverage for children who are eligible for ~~medical~~	46619
~~assistance~~medicaid shall first bill the insurer for any services	46620
provided for those children. If the insurer fails to pay all or	46621
any part of a claim filed under this section and the services for	46622
which the claim is filed are covered by ~~Chapter 5111. of the~~	46623
~~Revised Code~~the medicaid program, the physician, hospital, or	46624
other medical services provider shall bill the remaining unpaid	46625
costs of the services ~~in accordance with Chapter 5111. of the~~	46626
~~Revised Code~~to the medicaid program.	46627

Sec. 3121.441. (A) Notwithstanding the provisions of this	46628
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	46629
and 5107.20 of the Revised Code providing for the office of child	46630
support in the department of job and family services to collect,	46631
withhold, or deduct spousal support, when a court pursuant to	46632
section 3105.18 or 3105.65 of the Revised Code issues or modifies	46633
an order requiring an obligor to pay spousal support or grants or	46634
modifies a decree of dissolution of marriage incorporating a	46635
separation agreement that provides for spousal support, or at any	46636
time after the issuance, granting, or modification of an order or	46637
decree of that type, the court may permit the obligor to make the	46638
spousal support payments directly to the obligee instead of to the	46639
office if the obligee and the obligor have no minor children born	46640
as a result of their marriage and the obligee has not assigned the	46641
spousal support amounts to the department pursuant to section	46642
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	46643

(B) A court that permits an obligor to make spousal support	46644
payments directly to the obligee pursuant to division (A) of this	46645
section shall order the obligor to make the spousal support	46646
payments as a check, as a money order, or in any other form that	46647
establishes a clear record of payment.	46648

(C) If a court permits an obligor to make spousal support	46649
payments directly to an obligee pursuant to division (A) of this	46650
section and the obligor is in default in making any spousal	46651
support payment to the obligee, the court, upon motion of the	46652
obligee or on its own motion, may rescind the permission granted	46653
under that division. After the rescission, the court shall	46654
determine the amount of arrearages in the spousal support payments	46655
and order the obligor to make to the office of child support in	46656
the department of job and family services any spousal support	46657
payments that are in arrears and any future spousal support	46658
payments. Upon the issuance of the order of the court under this	46659
division, the provisions of this chapter, Chapters 3119., 3123.,	46660
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	46661
apply with respect to the collection, withholding, or deduction of	46662
the obligor's spousal support payments that are the subject of	46663
that order of the court.	46664

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	46665
the Revised Code:	46666

(A) "Contractor" means an individual who provides services to	46667
an employer as an independent contractor for compensation that is	46668
reported as income other than wages and who is an individual, the	46669
sole shareholder of a corporation, or the sole member of a limited	46670
liability company. "Contractor" does not include any of the	46671
following:	46672

(1) An individual performing intelligence or	46673
counterintelligence functions for a state agency if the head of	46674
the agency has determined that reporting pursuant to this section	46675
could endanger the safety of the individual or compromise an	46676
ongoing investigation or intelligence mission;	46677

(2) A professionally licensed person who is providing	46678
services to the employer under that license;	46679

(3) An individual who will receive for the services provided	46680
under the contract compensation of less than two thousand five	46681
hundred dollars per year or a greater amount that the director of	46682
job and family services establishes by rule adopted under section	46683
3121.896 of the Revised Code.	46684

(B) "Employee" means an individual who is employed to provide	46685
services to an employer for compensation that is reported as	46686
income from wages. "Employee" does not include an individual	46687
performing intelligence or counterintelligence functions for a	46688
state agency, if the head of the agency has determined that	46689
reporting pursuant to this section could endanger the safety of	46690
the employee or compromise an ongoing investigation or	46691
intelligence mission.	46692

(C) "Employer" means any person or governmental entity other	46693
than the federal government for which an individual performs any	46694
service, of whatever nature, as the employee or contractor of such	46695
person, except that:	46696

(1) If the person for whom the individual performs services	46697
does not have control of the payment of compensation for the	46698
services, "employer" means the person having control of the	46699
payment of the compensation.	46700

(2) In the case of a person paying compensation on behalf of	46701
a nonresident alien individual, foreign partnership, or foreign	46702
corporation not engaged in trade or business within the United	46703
States, "employer" means the person paying the compensation.	46704

(3) In the case of compensation paid to a contractor,	46705
"employer" does not include any person or entity that lacks a	46706
federal employer identification number.	46707

(D) "Newly hired employee" means either of the following:

46708

(1) An employee who has not previously been employed by the	46709
employer;	46710

(2) An employee who was previously employed by an employer	46711
but has been separated from that prior employment for at least	46712
sixty consecutive days.	46713

(E) "Professionally licensed person" has the same meaning as	46714
in section 2925.01 of the Revised Code.	46715

Sec. 3121.891. (A) Except as provided in division (B) or (C)	46716
of this section, every employer shall make a new hire report to	46717
the department of job and family services regarding ~~the hiring,~~	46718
~~rehiring, or return to work as an~~a newly hired employee or a	46719
contractor of a person who resides, works, or will be assigned to	46720
work in this state to whom the employer anticipates paying	46721
compensation.	46722

(B) An employer with employees or contractors in two or more	46723
states that transmits new hire reports magnetically or	46724
electronically may make the new hire report to another state if	46725
the employer does both of the following:	46726

(1) Notifies the Ohio department of job and family services	46727
and the United States secretary of health and human services in	46728
writing that the employer has designated another state as the	46729
state to which the employer will transmit the report;	46730

(2) Transmits the report to that state in compliance with	46731
federal law.	46732

(C) The department may by rule exempt employers from making	46733
new hire reports on any classification of contractors if the	46734
department determines that exempting the employer will assist the	46735
administration of the new hire reporting requirement.	46736

Sec. 3121.892. (A) An employer shall include all of the	46737
following in each new hire report:	46738

(1) For each employee, the employee's name, address, date of	46739
birth, social security number, and date of hire~~, rehire, or return~~	46740
~~to work~~;	46741

(2) For each contractor, the contractor's name, address,	46742
social security or tax identification number, the date payments	46743
begin, and the length of time the contractor will be performing	46744
services for the employer;	46745

(3) The employer's name, address, and identification number.

46746

(B) The department of job and family services may by rule	46747
require that additional information, specified in the rule, be	46748
included in each new hire report.	46749

Sec. 3121.893. An employer shall make a new hire report for	46750
each newly hired employee or contractor in a manner prescribed by	46751
the department of job and family services. The department may	46752
require that the report include or consist of the submission of a	46753
copy of the United States internal revenue service form W-4	46754
(employee's withholding allowance certificate) for the employee, a	46755
form provided by the department, or any other hiring document or	46756
data storage device or mechanism the department authorizes. An	46757
employer may make the new hire report by mail, fax, magnetic or	46758
electronic means, or other means the department authorizes. If an	46759
employer makes a new hire report by mail, the date of making the	46760
report is the postmark date if the report is mailed in the United	46761
States with first class postage and is addressed as the department	46762
authorizes. An employer shall make the new hire report not later	46763
than twenty days after the date on which the employer hires or	46764
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	46765
which the employer engages or re-engages the contractor or the	46766
contractor resumes providing services under the contract.	46767

Sec. 3121.898. The department of job and family services	46768
shall use the new hire reports it receives for any of the	46769
following purposes set forth in 42 U.S.C. 653a, as amended,	46770
including:	46771

(A) To locate individuals for the purposes of establishing	46772
paternity and for establishing, modifying, and enforcing child	46773
support orders.	46774

(B) As used in this division, "state agency" means every	46775
department, bureau, board, commission, office, or other organized	46776
body established by the constitution or laws of this state for the	46777
exercise of state government; every entity of county government	46778
that is subject to the rules of a state agency; and every	46779
contractual agent of a state agency.	46780

To make available to any state agency responsible for	46781
administering any of the following programs for purposes of	46782
verifying program eligibility:	46783

(1) Any Title IV-A program as defined in section 5101.80 of	46784
the Revised Code;	46785

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	46786
~~Revised Code~~;	46787

(3) The unemployment compensation program authorized by	46788
Chapter 4141. of the Revised Code;	46789

(4) The supplemental nutrition assistance program authorized	46790
by section 5101.54 of the Revised Code;	46791

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	46792
amended.	46793

(C) The administration of the employment security program	46794
under the director of job and family services.	46795

Sec. 3123.958. The office of child support ~~shall~~may publish	46796
and distribute ~~the first~~a set of posters throughout the state ~~not~~	46797
~~later than October 1, 1992. The office shall publish and~~	46798
~~distribute subsequent sets of posters not less than twice~~	46799
annually.	46800

Sec. 3125.18. A child support enforcement agency shall	46801
administer a Title IV-A program identified under division	46802
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	46803
the department of job and family services provides for the agency	46804
to administer under the department's supervision pursuant to	46805
section 5101.801 of the Revised Code.	46806

Sec. 3125.36. (A) Subject to division (B) of this section,	46807
all support orders that are administered by a child support	46808
enforcement agency designated under section 307.981 of the Revised	46809
Code or former section 2301.35 of the Revised Code and are	46810
eligible for Title IV-D services shall be Title IV-D cases under	46811
Title IV-D of the "Social Security Act." Subject to division (B)	46812
of this section, all obligees of support orders administered by	46813
the agency shall be considered to have filed a signed application	46814
for Title IV-D services.	46815

(B) Except as provided in division (D) of this section, a	46816
court that issues or modifies a support order shall require the	46817
obligee under the order to sign, at the time of the issuance or	46818
modification of the order, an application for Title IV-D services	46819
and to file, as soon as possible, the signed application with the	46820
child support enforcement agency that will administer the order.	46821
The application shall be on a form prescribed by the department of	46822
job and family services. Except as provided in division (D) of	46823
this section, a support order that is administered by a child	46824
support enforcement agency, and that is eligible for Title IV-D	46825
services shall be a Title IV-D case under Title IV-D of the	46826
"Social Security Act" only upon the filing of the signed	46827
application for Title IV-D services.	46828

(C) A child support enforcement agency shall make available	46829
an application for Title IV-D services to all persons requesting a	46830
child support enforcement agency's assistance in an action under	46831
sections 3111.01 to 3111.18 of the Revised Code or in an	46832
administrative proceeding brought to establish a parent and child	46833
relationship, to establish or modify an administrative support	46834
order, or to establish or modify an order to provide health	46835
insurance coverage for the children subject to a support order.	46836

(D) An obligee under a support order who has assigned the	46837
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	46838
5160.38 of the Revised Code shall not be required to sign an	46839
application for Title IV-D services. The support order shall be	46840
considered a Title IV-D case.	46841

Sec. 3301.07. The state board of education shall exercise	46842
under the acts of the general assembly general supervision of the	46843
system of public education in the state. In addition to the powers	46844
otherwise imposed on the state board under the provisions of law,	46845
the board shall have the powers described in this section.	46846

(A) The state board shall exercise policy forming, planning,	46847
and evaluative functions for the public schools of the state	46848
except as otherwise provided by law.	46849

(B)(1) The state board shall exercise leadership in the	46850
improvement of public education in this state, and administer the	46851
educational policies of this state relating to public schools, and	46852
relating to instruction and instructional material, building and	46853
equipment, transportation of pupils, administrative	46854
responsibilities of school officials and personnel, and finance	46855
and organization of school districts, educational service centers,	46856
and territory. Consultative and advisory services in such matters	46857
shall be provided by the board to school districts and educational	46858
service centers of this state.	46859

(2) The state board also shall develop a standard of	46860
financial reporting which shall be used by each school district	46861
board of education and ~~educational service center~~each governing	46862
board of an educational service center, each governing authority	46863
of a community school established under Chapter 3314., each	46864
governing body of a STEM school established under Chapter 3328.,	46865
and each board of trustees of a college-preparatory boarding	46866
school established under Chapter 3328. of the Revised Code to make	46867
its financial information and annual budgets for each school	46868
building under its control available to the public in a format	46869
understandable by the average citizen. The format shall show,	46870
~~among other things,~~both at the district ~~and educational service~~	46871
~~center level or~~and at the school building level, ~~as determined~~	46872
~~appropriate by the department of education,~~ revenue by source;	46873
expenditures for salaries, wages, and benefits of employees,	46874
showing such amounts separately for classroom teachers, other	46875
employees required to hold licenses issued pursuant to sections	46876
3319.22 to 3319.31 of the Revised Code, and all other employees;	46877
expenditures other than for personnel, by category, including	46878
utilities, textbooks and other educational materials, equipment,	46879
permanent improvements, pupil transportation, extracurricular	46880
athletics, and other extracurricular activities; and per pupil	46881
expenditures. The format shall also include information on total	46882
revenue and expenditures, per pupil revenue, and expenditures for	46883
both classroom and nonclassroom purposes, as defined by the	46884
standards adopted under section 3302.20 of the Revised Code in the	46885
aggregate and for each subgroup of students, as defined by section	46886
3317.40 of the Revised Code, that receives services provided for	46887
by state or federal funding.	46888

(3) Each school district board, governing authority,	46889
governing body, or board of trustees, or its respective designee,	46890
shall annually report, to the department of education, all	46891
financial information required by the standards for financial	46892
reporting, as prescribed by division (B)(2) of this section and	46893
adopted by the state board. The department shall post these	46894
reports in a prominent location on its web site and shall notify	46895
each school when reports are made available.	46896

(C) The state board shall administer and supervise the	46897
allocation and distribution of all state and federal funds for	46898
public school education under the provisions of law, and may	46899
prescribe such systems of accounting as are necessary and proper	46900
to this function. It may require county auditors and treasurers,	46901
boards of education, educational service center governing boards,	46902
treasurers of such boards, teachers, and other school officers and	46903
employees, or other public officers or employees, to file with it	46904
such reports as it may prescribe relating to such funds, or to the	46905
management and condition of such funds.	46906

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	46907
XLVII, and LI of the Revised Code a reference is made to standards	46908
prescribed under this section or division (D) of this section,	46909
that reference shall be construed to refer to the standards	46910
prescribed under division (D)(2) of this section, unless the	46911
context specifically indicates a different meaning or intent.	46912

(2) The state board shall formulate and prescribe minimum	46913
standards to be applied to all elementary and secondary schools in	46914
this state for the purpose of ~~requiring~~providing children access	46915
to a general education of high quality according to the learning	46916
needs of each individual, including students with disabilities,	46917
economically disadvantaged students, limited English proficient	46918
students, and students identified as gifted. Such standards shall	46919
provide adequately for: the licensing of teachers, administrators,	46920
and other professional personnel and their assignment according to	46921
training and qualifications; efficient and effective instructional	46922
materials and equipment, including library facilities; the proper	46923
organization, administration, and supervision of each school,	46924
including regulations for preparing all necessary records and	46925
reports and the preparation of a statement of policies and	46926
objectives for each school; the provision of safe buildings,	46927
grounds, health and sanitary facilities and services; admission of	46928
pupils, and such requirements for their promotion from grade to	46929
grade as will assure that they are capable and prepared for the	46930
level of study to which they are certified; requirements for	46931
graduation; and such other factors as the board finds necessary.	46932

The state board shall base any standards governing the	46933
promotion of students or requirements for graduation on the	46934
ability of students, at any grade level, to earn credits or	46935
advance upon demonstration of mastery of knowledge and skills	46936
through competency-based learning models. Credits of grade level	46937
advancement shall not require a minimum number of days or hours in	46938
a classroom.	46939

The state board shall base any standards governing the	46940
assignment of staff on ensuring each school has a sufficient	46941
number of teachers to ensure a student has an appropriate level of	46942
interaction to meet each student's personal learning goals.	46943

In the formulation and administration of such standards for	46944
nonpublic schools the board shall also consider the particular	46945
needs, methods and objectives of those schools, provided they do	46946
not conflict with the provision of a general education of a high	46947
quality and provided that regular procedures shall be followed for	46948
promotion from grade to grade of pupils who have met the	46949
educational requirements prescribed.	46950

~~In the formulation and administration of such standards as~~	46951
~~they relate to instructional materials and equipment in public~~	46952
~~schools, including library materials, the board shall require that~~	46953
~~the material and equipment be aligned with and promote skills~~	46954
~~expected under the statewide academic standards adopted under~~	46955
~~section 3301.079 of the Revised Code.~~	46956

(3) In addition to the minimum standards required by division	46957
(D)(2) of this section, the state board may formulate and	46958
prescribe the following additional minimum operating standards for	46959
school districts:	46960

(a) Standards for the effective and efficient organization,	46961
administration, and supervision of each school district ~~so that it~~	46962
~~becomes a thinking and learning organization according to~~	46963
~~principles of systems design and collaborative professional~~	46964
~~learning communities research as defined by the superintendent of~~	46965
~~public instruction, including a focus on the personalized and~~	46966
~~individualized needs of each student; a shared responsibility~~	46967
~~among school boards, administrators, faculty, and staff to develop~~	46968
~~a common vision, mission, and set of guiding principles; a shared~~	46969
~~responsibility among school boards, administrators, faculty, and~~	46970
~~staff to engage in a process of collective inquiry, action~~	46971
~~orientation, and experimentation to ensure the academic success of~~	46972
~~all students; commitment to teaching and learning strategies that~~	46973
~~utilize technological tools and emphasize inter-disciplinary,~~	46974
~~real-world, project-based, and technology-oriented learning~~	46975
~~experiences to meet the individual needs of every student;~~with a	46976
commitment to high expectations for every student based on the	46977
learning needs of each individual, including students with	46978
disabilities, economically disadvantaged students, limited English	46979
proficient students, and students identified as gifted, and	46980
commitment to closing the achievement gap without suppressing the	46981
achievement levels of higher achieving students so that all	46982
students achieve core knowledge and skills in accordance with the	46983
statewide academic standards adopted under section 3301.079 of the	46984
Revised Code; ~~commitment to the use of assessments to diagnose~~	46985
~~the needs of each student; effective connections and relationships~~	46986
~~with families and others that support student success; and~~	46987
~~commitment to the use of positive behavior intervention supports~~	46988
~~throughout a district to ensure a safe and secure learning~~	46989
~~environment for all students;~~	46990

(b) Standards for the establishment of business advisory	46991
councils under section 3313.82 of the Revised Code;	46992

46993

~~(i) The~~the effective and efficient organization,	46994
administration, and supervision of each school district building	46995
~~so that it becomes a thinking and learning organization according~~	46996
~~to principles of systems design and collaborative professional~~	46997
~~learning communities research as defined by the state~~	46998
~~superintendent, including a focus on the personalized and~~	46999
~~individualized needs of each student; a shared responsibility~~	47000
~~among building administrators, faculty, and staff to develop a~~	47001
~~common vision, mission, and set of guiding principles; a shared~~	47002
~~responsibility among building administrators, faculty, and staff~~	47003
~~to engage in a process of collective inquiry, action orientation,~~	47004
~~and experimentation to ensure the academic success of all~~	47005
~~students; commitment to job embedded professional development and~~	47006
~~professional mentoring and coaching; established periods of time~~	47007
~~for teachers to pursue planning time for the development of lesson~~	47008
~~plans, professional development, and shared learning; commitment~~	47009
~~to effective management strategies that allow administrators~~	47010
~~reasonable access to classrooms for observation and professional~~	47011
~~development experiences; commitment to teaching and learning~~	47012
~~strategies that utilize technological tools and emphasize~~	47013
~~inter-disciplinary, real-world, project-based, and~~	47014
~~technology-oriented learning experiences to meet the individual~~	47015
~~needs of every student;~~with a commitment to high expectations for	47016
every student based on the learning needs of each individual,	47017
including students with disabilities, economically disadvantaged	47018
students, limited English proficient students, and students	47019
identified as gifted, and commitment to closing the achievement	47020
gap without suppressing the achievement levels of higher achieving	47021
students so that all students achieve core knowledge and skills in	47022
accordance with the statewide academic standards adopted under	47023
section 3301.079 of the Revised Code~~; commitment to the use of~~	47024
~~assessments to diagnose the needs of each student; effective~~	47025
~~connections and relationships with families and others that~~	47026
~~support student success; commitment to the use of positive~~	47027
~~behavior intervention supports throughout the building to ensure a~~	47028
~~safe and secure learning environment for all students;~~	47029

~~(ii) A school building leadership team to coordinate positive~~	47030
~~behavior intervention supports, learning environments, thinking~~	47031
~~and learning systems, collaborative planning, planning time,~~	47032
~~student academic interventions, student extended learning~~	47033
~~opportunities, and other activities identified by the team and~~	47034
~~approved by the district board of education. The team shall~~	47035
~~include the building principal, representatives from each~~	47036
~~collective bargaining unit, a classroom teacher, parents, business~~	47037
~~representatives, and others that support student success~~.	47038

(E) The state board may require as part of the health	47039
curriculum information developed under section 2108.34 of the	47040
Revised Code promoting the donation of anatomical gifts pursuant	47041
to Chapter 2108. of the Revised Code and may provide the	47042
information to high schools, educational service centers, and	47043
joint vocational school district boards of education;	47044

(F) The state board shall prepare and submit annually to the	47045
governor and the general assembly a report on the status, needs,	47046
and major problems of the public schools of the state, with	47047
recommendations for necessary legislative action and a ten-year	47048
projection of the state's public and nonpublic school enrollment,	47049
by year and by grade level.	47050

(G) The state board shall prepare and submit to the director	47051
of budget and management the biennial budgetary requests of the	47052
state board of education, for its agencies and for the public	47053
schools of the state.	47054

(H) The state board shall cooperate with federal, state, and	47055
local agencies concerned with the health and welfare of children	47056
and youth of the state.	47057

(I) The state board shall require such reports from school	47058
districts and educational service centers, school officers, and	47059
employees as are necessary and desirable. The superintendents and	47060
treasurers of school districts and educational service centers	47061
shall certify as to the accuracy of all reports required by law or	47062
state board or state department of education rules to be submitted	47063
by the district or educational service center and which contain	47064
information necessary for calculation of state funding. Any	47065
superintendent who knowingly falsifies such report shall be	47066
subject to license revocation pursuant to section 3319.31 of the	47067
Revised Code.	47068

(J) In accordance with Chapter 119. of the Revised Code, the	47069
state board shall adopt procedures, standards, and guidelines for	47070
the education of children with disabilities pursuant to Chapter	47071
3323. of the Revised Code, including procedures, standards, and	47072
guidelines governing programs and services operated by county	47073
boards of developmental disabilities pursuant to section 3323.09	47074
of the Revised Code.	47075

(K) For the purpose of encouraging the development of special	47076
programs of education for academically gifted children, the state	47077
board shall employ competent persons to analyze and publish data,	47078
promote research, advise and counsel with boards of education, and	47079
encourage the training of teachers in the special instruction of	47080
gifted children. The board may provide financial assistance out of	47081
any funds appropriated for this purpose to boards of education and	47082
educational service center governing boards for developing and	47083
conducting programs of education for academically gifted children.	47084

(L) The state board shall require that all public schools	47085
emphasize and encourage, within existing units of study, the	47086
teaching of energy and resource conservation as recommended to	47087
each district board of education by leading business persons	47088
involved in energy production and conservation, beginning in the	47089
primary grades.	47090

(M) The state board shall formulate and prescribe minimum	47091
standards requiring the use of phonics as a technique in the	47092
teaching of reading in grades kindergarten through three. In	47093
addition, the state board shall provide in-service training	47094
programs for teachers on the use of phonics as a technique in the	47095
teaching of reading in grades kindergarten through three.	47096

(N) The state board may adopt rules necessary for carrying	47097
out any function imposed on it by law, and may provide rules as	47098
are necessary for its government and the government of its	47099
employees, and may delegate to the superintendent of public	47100
instruction the management and administration of any function	47101
imposed on it by law. It may provide for the appointment of board	47102
members to serve on temporary committees established by the board	47103
for such purposes as are necessary. Permanent or standing	47104
committees shall not be created.	47105

(O) Upon application from the board of education of a school	47106
district, the superintendent of public instruction may issue a	47107
waiver exempting the district from compliance with the standards	47108
adopted under divisions (B)(2) and (D) of this section, as they	47109
relate to the operation of a school operated by the district. The	47110
state board shall adopt standards for the approval or disapproval	47111
of waivers under this division. The state superintendent shall	47112
consider every application for a waiver, and shall determine	47113
whether to grant or deny a waiver in accordance with the state	47114
board's standards. For each waiver granted, the state	47115
superintendent shall specify the period of time during which the	47116
waiver is in effect, which shall not exceed five years. A district	47117
board may apply to renew a waiver.	47118

Sec. 3301.0711. (A) The department of education shall:

47119

(1) Annually furnish to, grade, and score all assessments	47120
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	47121
the Revised Code to be administered by city, local, exempted	47122
village, and joint vocational school districts, except that each	47123
district shall score any assessment administered pursuant to	47124
division (B)(10) of this section. Each assessment so furnished	47125
shall include the data verification code of the student to whom	47126
the assessment will be administered, as assigned pursuant to	47127
division (D)(2) of section 3301.0714 of the Revised Code. In	47128
furnishing the practice versions of Ohio graduation tests	47129
prescribed by division (D) of section 3301.0710 of the Revised	47130
Code, the department shall make the tests available on its web	47131
site for reproduction by districts. In awarding contracts for	47132
grading assessments, the department shall give preference to	47133
Ohio-based entities employing Ohio residents.	47134

(2) Adopt rules for the ethical use of assessments and	47135
prescribing the manner in which the assessments prescribed by	47136
section 3301.0710 of the Revised Code shall be administered to	47137
students.	47138

(B) Except as provided in divisions (C) and (J) of this	47139
section, the board of education of each city, local, and exempted	47140
village school district shall, in accordance with rules adopted	47141
under division (A) of this section:	47142

(1) Administer the English language arts assessments	47143
prescribed under division (A)(1)(a) of section 3301.0710 of the	47144
Revised Code twice annually to all students in the third grade who	47145
have not attained the score designated for that assessment under	47146
division (A)(2)(c) of section 3301.0710 of the Revised Code.	47147

(2) Administer the mathematics assessment prescribed under	47148
division (A)(1)(a) of section 3301.0710 of the Revised Code at	47149
least once annually to all students in the third grade.	47150

(3) Administer the assessments prescribed under division	47151
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	47152
annually to all students in the fourth grade.	47153

(4) Administer the assessments prescribed under division	47154
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	47155
annually to all students in the fifth grade.	47156

(5) Administer the assessments prescribed under division	47157
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	47158
annually to all students in the sixth grade.	47159

(6) Administer the assessments prescribed under division	47160
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	47161
annually to all students in the seventh grade.	47162

(7) Administer the assessments prescribed under division	47163
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	47164
annually to all students in the eighth grade.	47165

(8) Except as provided in division (B)(9) of this section,	47166
administer any assessment prescribed under division (B)(1) of	47167
section 3301.0710 of the Revised Code as follows:	47168

(a) At least once annually to all tenth grade students and at	47169
least twice annually to all students in eleventh or twelfth grade	47170
who have not yet attained the score on that assessment designated	47171
under that division;	47172

(b) To any person who has successfully completed the	47173
curriculum in any high school or the individualized education	47174
program developed for the person by any high school pursuant to	47175
section 3323.08 of the Revised Code but has not received a high	47176
school diploma and who requests to take such assessment, at any	47177
time such assessment is administered in the district.	47178

(9) In lieu of the board of education of any city, local, or	47179
exempted village school district in which the student is also	47180
enrolled, the board of a joint vocational school district shall	47181
administer any assessment prescribed under division (B)(1) of	47182
section 3301.0710 of the Revised Code at least twice annually to	47183
any student enrolled in the joint vocational school district who	47184
has not yet attained the score on that assessment designated under	47185
that division. A board of a joint vocational school district may	47186
also administer such an assessment to any student described in	47187
division (B)(8)(b) of this section.	47188

(10) If the district has a three-year average graduation rate	47189
of not more than seventy-five per cent, administer each assessment	47190
prescribed by division (D) of section 3301.0710 of the Revised	47191
Code in September to all ninth grade students, beginning in the	47192
school year that starts July 1, 2005.	47193

Except as provided in section 3313.614 of the Revised Code	47194
for administration of an assessment to a person who has fulfilled	47195
the curriculum requirement for a high school diploma but has not	47196
passed one or more of the required assessments, the assessments	47197
prescribed under division (B)(1) of section 3301.0710 of the	47198
Revised Code and the practice assessments prescribed under	47199
division (D) of that section and required to be administered under	47200
divisions (B)(8), (9), and (10) of this section shall not be	47201
administered after the assessment system prescribed by division	47202
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	47203
Code is implemented under rule of the state board adopted under	47204
division (D)(1) of section 3301.0712 of the Revised Code.	47205

(11) Administer the assessments prescribed by division (B)(2)	47206
of section 3301.0710 and section 3301.0712 of the Revised Code in	47207
accordance with the timeline and plan for implementation of those	47208
assessments prescribed by rule of the state board adopted under	47209
division (D)(1) of section 3301.0712 of the Revised Code.	47210

(C)(1)(a) In the case of a student receiving special	47211
education services under Chapter 3323. of the Revised Code, the	47212
individualized education program developed for the student under	47213
that chapter shall specify the manner in which the student will	47214
participate in the assessments administered under this section.	47215
The individualized education program may excuse the student from	47216
taking any particular assessment required to be administered under	47217
this section if it instead specifies an alternate assessment	47218
method approved by the department of education as conforming to	47219
requirements of federal law for receipt of federal funds for	47220
disadvantaged pupils. To the extent possible, the individualized	47221
education program shall not excuse the student from taking an	47222
assessment unless no reasonable accommodation can be made to	47223
enable the student to take the assessment.	47224

(b) Any alternate assessment approved by the department for a	47225
student under this division shall produce measurable results	47226
comparable to those produced by the assessment it replaces in	47227
order to allow for the student's results to be included in the	47228
data compiled for a school district or building under section	47229
3302.03 of the Revised Code.	47230

(c) Any student enrolled in a chartered nonpublic school who	47231
has been identified, based on an evaluation conducted in	47232
accordance with section 3323.03 of the Revised Code or section 504	47233
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	47234
794, as amended, as a child with a disability shall be excused	47235
from taking any particular assessment required to be administered	47236
under this section if a plan developed for the student pursuant to	47237
rules adopted by the state board excuses the student from taking	47238
that assessment. In the case of any student so excused from taking	47239
an assessment, the chartered nonpublic school shall not prohibit	47240
the student from taking the assessment.	47241

(2) A district board may, for medical reasons or other good	47242
cause, excuse a student from taking an assessment administered	47243
under this section on the date scheduled, but that assessment	47244
shall be administered to the excused student not later than nine	47245
days following the scheduled date. The district board shall	47246
annually report the number of students who have not taken one or	47247
more of the assessments required by this section to the state	47248
board of education not later than the thirtieth day of June.	47249

(3) As used in this division, "limited English proficient	47250
student" has the same meaning as in 20 U.S.C. 7801.	47251

No school district board shall excuse any limited English	47252
proficient student from taking any particular assessment required	47253
to be administered under this section, except that any limited	47254
English proficient student who has been enrolled in United States	47255
schools for less than one full school year shall not be required	47256
to take any reading, writing, or English language arts assessment.	47257
However, no board shall prohibit a limited English proficient	47258
student who is not required to take an assessment under this	47259
division from taking the assessment. A board may permit any	47260
limited English proficient student to take an assessment required	47261
to be administered under this section with appropriate	47262
accommodations, as determined by the department. For each limited	47263
English proficient student, each school district shall annually	47264
assess that student's progress in learning English, in accordance	47265
with procedures approved by the department.	47266

The governing authority of a chartered nonpublic school may	47267
excuse a limited English proficient student from taking any	47268
assessment administered under this section. However, no governing	47269
authority shall prohibit a limited English proficient student from	47270
taking the assessment.	47271

(D)(1) In the school year next succeeding the school year in	47272
which the assessments prescribed by division (A)(1) or (B)(1) of	47273
section 3301.0710 of the Revised Code or former division (A)(1),	47274
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	47275
existed prior to September 11, 2001, are administered to any	47276
student, the board of education of any school district in which	47277
the student is enrolled in that year shall provide to the student	47278
intervention services commensurate with the student's performance,	47279
including any intensive intervention required under section	47280
3313.608 of the Revised Code, in any skill in which the student	47281
failed to demonstrate at least a score at the proficient level on	47282
the assessment.	47283

(2) Following any administration of the assessments	47284
prescribed by division (D) of section 3301.0710 of the Revised	47285
Code to ninth grade students, each school district that has a	47286
three-year average graduation rate of not more than seventy-five	47287
per cent shall determine for each high school in the district	47288
whether the school shall be required to provide intervention	47289
services to any students who took the assessments. In determining	47290
which high schools shall provide intervention services based on	47291
the resources available, the district shall consider each school's	47292
graduation rate and scores on the practice assessments. The	47293
district also shall consider the scores received by ninth grade	47294
students on the English language arts and mathematics assessments	47295
prescribed under division (A)(1)(f) of section 3301.0710 of the	47296
Revised Code in the eighth grade in determining which high schools	47297
shall provide intervention services.	47298

Each high school selected to provide intervention services	47299
under this division shall provide intervention services to any	47300
student whose results indicate that the student is failing to make	47301
satisfactory progress toward being able to attain scores at the	47302
proficient level on the Ohio graduation tests. Intervention	47303
services shall be provided in any skill in which a student	47304
demonstrates unsatisfactory progress and shall be commensurate	47305
with the student's performance. Schools shall provide the	47306
intervention services prior to the end of the school year, during	47307
the summer following the ninth grade, in the next succeeding	47308
school year, or at any combination of those times.	47309

(E) Except as provided in section 3313.608 of the Revised	47310
Code and division (M) of this section, no school district board of	47311
education shall utilize any student's failure to attain a	47312
specified score on an assessment administered under this section	47313
as a factor in any decision to deny the student promotion to a	47314
higher grade level. However, a district board may choose not to	47315
promote to the next grade level any student who does not take an	47316
assessment administered under this section or make up an	47317
assessment as provided by division (C)(2) of this section and who	47318
is not exempt from the requirement to take the assessment under	47319
division (C)(3) of this section.	47320

(F) No person shall be charged a fee for taking any	47321
assessment administered under this section.	47322

(G)(1) Each school district board shall designate one	47323
location for the collection of assessments administered in the	47324
spring under division (B)(1) of this section and those	47325
administered under divisions (B)(2) to (7) of this section. Each	47326
district board shall submit the assessments to the entity with	47327
which the department contracts for the scoring of the assessments	47328
as follows:	47329

(a) If the district's total enrollment in grades kindergarten	47330
through twelve during the first full school week of October was	47331
less than two thousand five hundred, not later than the Friday	47332
after all of the assessments have been administered;	47333

(b) If the district's total enrollment in grades kindergarten	47334
through twelve during the first full school week of October was	47335
two thousand five hundred or more, but less than seven thousand,	47336
not later than the Monday after all of the assessments have been	47337
administered;	47338

(c) If the district's total enrollment in grades kindergarten	47339
through twelve during the first full school week of October was	47340
seven thousand or more, not later than the Tuesday after all of	47341
the assessments have been administered.	47342

However, any assessment that a student takes during the	47343
make-up period described in division (C)(2) of this section shall	47344
be submitted not later than the Friday following the day the	47345
student takes the assessment.	47346

(2) The department or an entity with which the department	47347
contracts for the scoring of the assessment shall send to each	47348
school district board a list of the individual scores of all	47349
persons taking an assessment prescribed by division (A)(1) or	47350
(B)(1) of section 3301.0710 of the Revised Code within sixty days	47351
after its administration, but in no case shall the scores be	47352
returned later than the fifteenth day of June following the	47353
administration. For assessments administered under this section by	47354
a joint vocational school district, the department or entity shall	47355
also send to each city, local, or exempted village school district	47356
a list of the individual scores of any students of such city,	47357
local, or exempted village school district who are attending	47358
school in the joint vocational school district.	47359

(H) Individual scores on any assessments administered under	47360
this section shall be released by a district board only in	47361
accordance with section 3319.321 of the Revised Code and the rules	47362
adopted under division (A) of this section. No district board or	47363
its employees shall utilize individual or aggregate results in any	47364
manner that conflicts with rules for the ethical use of	47365
assessments adopted pursuant to division (A) of this section.	47366

(I) Except as provided in division (G) of this section, the	47367
department or an entity with which the department contracts for	47368
the scoring of the assessment shall not release any individual	47369
scores on any assessment administered under this section. The	47370
state board of education shall adopt rules to ensure the	47371
protection of student confidentiality at all times. The rules may	47372
require the use of the data verification codes assigned to	47373
students pursuant to division (D)(2) of section 3301.0714 of the	47374
Revised Code to protect the confidentiality of student scores.	47375

(J) Notwithstanding division (D) of section 3311.52 of the	47376
Revised Code, this section does not apply to the board of	47377
education of any cooperative education school district except as	47378
provided under rules adopted pursuant to this division.	47379

(1) In accordance with rules that the state board of	47380
education shall adopt, the board of education of any city,	47381
exempted village, or local school district with territory in a	47382
cooperative education school district established pursuant to	47383
divisions (A) to (C) of section 3311.52 of the Revised Code may	47384
enter into an agreement with the board of education of the	47385
cooperative education school district for administering any	47386
assessment prescribed under this section to students of the city,	47387
exempted village, or local school district who are attending	47388
school in the cooperative education school district.	47389

(2) In accordance with rules that the state board of	47390
education shall adopt, the board of education of any city,	47391
exempted village, or local school district with territory in a	47392
cooperative education school district established pursuant to	47393
section 3311.521 of the Revised Code shall enter into an agreement	47394
with the cooperative district that provides for the administration	47395
of any assessment prescribed under this section to both of the	47396
following:	47397

(a) Students who are attending school in the cooperative	47398
district and who, if the cooperative district were not	47399
established, would be entitled to attend school in the city,	47400
local, or exempted village school district pursuant to section	47401
3313.64 or 3313.65 of the Revised Code;	47402

(b) Persons described in division (B)(8)(b) of this section.

47403

Any assessment of students pursuant to such an agreement	47404
shall be in lieu of any assessment of such students or persons	47405
pursuant to this section.	47406

(K)(1) ~~As a condition of compliance with section 3313.612 of~~	47407
~~the Revised Code, each chartered nonpublic school that educates~~	47408
(a) Each chartered nonpublic school for which at least thirty-five	47409
per cent of its total enrollment is made up of students who are	47410
participating in state scholarship programs shall administer the	47411
assessments prescribed by section 3301.0710 of the Revised Code.	47412

(b) If a chartered nonpublic school is not subject to	47413
division (K)(1)(a) of this section and is educating students in	47414
grades nine through twelve, it shall administer the assessments	47415
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	47416
Revised Code as a condition of compliance with section 3313.612 of	47417
the Revised Code. Any chartered nonpublic school that is not	47418
subject to division (K)(1)(a) of this section may participate in	47419
the assessment program by administering any of the assessments	47420
prescribed by division (A) of section 3301.0710 of the Revised	47421
Code. The chief administrator of the school shall specify which	47422
assessments the school will administer. Such specification shall	47423
be made in writing to the superintendent of public instruction	47424
prior to the first day of August of any school year in which	47425
assessments are administered and shall include a pledge that the	47426
nonpublic school will administer the specified assessments in the	47427
same manner as public schools are required to do under this	47428
section and rules adopted by the department.	47429

(2) The department of education shall furnish the assessments	47430
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	47431
to each chartered nonpublic school that is subject to division	47432
(K)(1)(a) of this section or participates under ~~this~~ division	47433
(K)(1)(b) of this section.	47434

(L)(1) The superintendent of the state school for the blind	47435
and the superintendent of the state school for the deaf shall	47436
administer the assessments described by sections 3301.0710 and	47437
3301.0712 of the Revised Code. Each superintendent shall	47438
administer the assessments in the same manner as district boards	47439
are required to do under this section and rules adopted by the	47440
department of education and in conformity with division (C)(1)(a)	47441
of this section.	47442

(2) The department of education shall furnish the assessments	47443
described by sections 3301.0710 and 3301.0712 of the Revised Code	47444
to each superintendent.	47445

(M) Notwithstanding division (E) of this section, a school	47446
district may use a student's failure to attain a score in at least	47447
the proficient range on the mathematics assessment described by	47448
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	47449
an assessment described by division (A)(1)(b), (c), (d), (e), or	47450
(f) of section 3301.0710 of the Revised Code as a factor in	47451
retaining that student in the current grade level.	47452

(N)(1) In the manner specified in divisions (N)(3) and (4) of	47453
this section, the assessments required by division (A)(1) of	47454
section 3301.0710 of the Revised Code shall become public records	47455
pursuant to section 149.43 of the Revised Code on the first day of	47456
July following the school year that the assessments were	47457
administered.	47458

(2) The department may field test proposed questions with	47459
samples of students to determine the validity, reliability, or	47460
appropriateness of questions for possible inclusion in a future	47461
year's assessment. The department also may use anchor questions on	47462
assessments to ensure that different versions of the same	47463
assessment are of comparable difficulty.	47464

Field test questions and anchor questions shall not be	47465
considered in computing scores for individual students. Field test	47466
questions and anchor questions may be included as part of the	47467
administration of any assessment required by division (A)(1) or	47468
(B)(1) of section 3301.0710 of the Revised Code.	47469

(3) Any field test question or anchor question administered	47470
under division (N)(2) of this section shall not be a public	47471
record. Such field test questions and anchor questions shall be	47472
redacted from any assessments which are released as a public	47473
record pursuant to division (N)(1) of this section.	47474

(4) This division applies to the assessments prescribed by	47475
division (A) of section 3301.0710 of the Revised Code.	47476

(a) The first administration of each assessment, as specified	47477
in former section 3301.0712 of the Revised Code, shall be a public	47478
record.	47479

(b) For subsequent administrations of each assessment prior	47480
to the 2011-2012 school year, not less than forty per cent of the	47481
questions on the assessment that are used to compute a student's	47482
score shall be a public record. The department shall determine	47483
which questions will be needed for reuse on a future assessment	47484
and those questions shall not be public records and shall be	47485
redacted from the assessment prior to its release as a public	47486
record. However, for each redacted question, the department shall	47487
inform each city, local, and exempted village school district of	47488
the statewide academic standard adopted by the state board of	47489
education under section 3301.079 of the Revised Code and the	47490
corresponding benchmark to which the question relates. The	47491
preceding sentence does not apply to field test questions that are	47492
redacted under division (N)(3) of this section.	47493

(c) The administrations of each assessment in the 2011-2012	47494
school year and later shall not be a public record.	47495

(5) Each assessment prescribed by division (B)(1) of section	47496
3301.0710 of the Revised Code shall not be a public record.	47497

(O) As used in this section:

47498

(1) "Three-year average" means the average of the most recent	47499
consecutive three school years of data.	47500

(2) "Dropout" means a student who withdraws from school	47501
before completing course requirements for graduation and who is	47502
not enrolled in an education program approved by the state board	47503
of education or an education program outside the state. "Dropout"	47504
does not include a student who has departed the country.	47505

(3) "Graduation rate" means the ratio of students receiving a	47506
diploma to the number of students who entered ninth grade four	47507
years earlier. Students who transfer into the district are added	47508
to the calculation. Students who transfer out of the district for	47509
reasons other than dropout are subtracted from the calculation. If	47510
a student who was a dropout in any previous year returns to the	47511
same school district, that student shall be entered into the	47512
calculation as if the student had entered ninth grade four years	47513
before the graduation year of the graduating class that the	47514
student joins.	47515

(4) "State scholarship programs" means the educational choice	47516
scholarship pilot program established under sections 3310.01 to	47517
3310.17 of the Revised Code, the autism scholarship program	47518
established under section 3310.41 of the Revised Code, the Jon	47519
Peterson special needs scholarship program established under	47520
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	47521
project scholarship program established under sections 3313.974 to	47522
3313.979 of the Revised Code.	47523

Sec. 3301.0712. (A) The state board of education, the	47524
superintendent of public instruction, and the chancellor of the	47525
Ohio board of regents shall develop a system of college and work	47526
ready assessments as described in divisions (B)(1) and (2) of this	47527
section to assess whether each student upon graduating from high	47528
school is ready to enter college or the workforce. The system	47529
shall replace the Ohio graduation tests prescribed in division	47530
(B)(1) of section 3301.0710 of the Revised Code as a measure of	47531
student academic performance and a prerequisite for eligibility	47532
for a high school diploma in the manner prescribed by rule of the	47533
state board adopted under division (D) of this section.	47534

(B) The college and work ready assessment system shall	47535
consist of the following:	47536

(1) A nationally standardized assessment that measures	47537
college and career readiness selected jointly by the state	47538
superintendent and the chancellor.	47539

(2) A series of end-of-course examinations in the areas of	47540
science, mathematics, English language arts, American history, and	47541
American government selected jointly by the state superintendent	47542
and the chancellor in consultation with faculty in the appropriate	47543
subject areas at institutions of higher education of the	47544
university system of Ohio. For each subject area, the state	47545
superintendent and chancellor shall select multiple assessments	47546
that school districts, public schools, and chartered nonpublic	47547
schools may use as end-of-course examinations. Subject to division	47548
(B)(3)(b) of this section, those assessments shall include	47549
nationally recognized subject area assessments, such as advanced	47550
placement examinations, SAT subject tests, international	47551
baccalaureate examinations, and other assessments of college and	47552
work readiness.	47553

(3)(a) Not later than July 1, 2013, each school district	47554
board of education shall adopt interim end-of-course examinations	47555
that comply with the requirements of divisions (B)(3)(b)(i) and	47556
(ii) of this section to assess mastery of American history and	47557
American government standards adopted under division (A)(1)(b) of	47558
section 3301.079 of the Revised Code and the topics required under	47559
division (M) of section 3313.603 of the Revised Code. Each high	47560
school of the district shall use the interim examinations until	47561
the state superintendent and chancellor select end-of-course	47562
examinations in American history and American government under	47563
division (B)(2) of this section.	47564

(b) Not later than July 1, 2014, the state superintendent and	47565
the chancellor shall select the end-of-course examinations in	47566
American history and American government.	47567

(i) The end-of-course examinations in American history and	47568
American government shall require demonstration of mastery of the	47569
American history and American government content for social	47570
studies standards adopted under division (A)(1)(b) of section	47571
3301.079 of the Revised Code and the topics required under	47572
division (M) of section 3313.603 of the Revised Code.	47573

(ii) At least twenty per cent of the end-of-course	47574
examination in American government shall address the topics on	47575
American history and American government described in division (M)	47576
of section 3313.603 of the Revised Code.	47577

(C) The state board shall convene a group of national	47578
experts, state experts, and local practitioners to provide advice,	47579
guidance, and recommendations for the alignment of standards and	47580
model curricula to the assessments and in the design of the	47581
end-of-course examinations prescribed by this section.	47582

(D) Upon completion of the development of the assessment	47583
system, the state board shall adopt rules prescribing all of the	47584
following:	47585

(1) A timeline and plan for implementation of the assessment	47586
system, including a phased implementation if the state board	47587
determines such a phase-in is warranted;	47588

(2) The date after which a person entering ninth grade shall	47589
meet the requirements of the entire assessment system as a	47590
prerequisite for a high school diploma under section 3313.61,	47591
3313.612, or 3325.08 of the Revised Code;	47592

(3) The date after which a person shall meet the requirements	47593
of the entire assessment system as a prerequisite for a diploma of	47594
adult education under section 3313.611 of the Revised Code;	47595

(4) Whether and the extent to which a person may be excused	47596
from an American history end-of-course examination and an American	47597
government end-of-course examination under division (H) of section	47598
3313.61 and division (B)~~(2)~~(3) of section 3313.612 of the Revised	47599
Code;	47600

(5) The date after which a person who has fulfilled the	47601
curriculum requirement for a diploma but has not passed one or	47602
more of the required assessments at the time the person fulfilled	47603
the curriculum requirement shall meet the requirements of the	47604
entire assessment system as a prerequisite for a high school	47605
diploma under division (B) of section 3313.614 of the Revised	47606
Code;	47607

(6) The extent to which the assessment system applies to	47608
students enrolled in a dropout recovery and prevention program for	47609
purposes of division (F) of section 3313.603 and section 3314.36	47610
of the Revised Code.	47611

No rule adopted under this division shall be effective	47612
earlier than one year after the date the rule is filed in final	47613
form pursuant to Chapter 119. of the Revised Code.	47614

(E) Not later than forty-five days prior to the state board's	47615
adoption of a resolution directing the department of education to	47616
file the rules prescribed by division (D) of this section in final	47617
form under section 119.04 of the Revised Code, the superintendent	47618
of public instruction shall present the assessment system	47619
developed under this section to the respective committees of the	47620
house of representatives and senate that consider education	47621
legislation.	47622

Sec. 3301.0714. (A) The state board of education shall adopt	47623
rules for a statewide education management information system. The	47624
rules shall require the state board to establish guidelines for	47625
the establishment and maintenance of the system in accordance with	47626
this section and the rules adopted under this section. The	47627
guidelines shall include:	47628

(1) Standards identifying and defining the types of data in	47629
the system in accordance with divisions (B) and (C) of this	47630
section;	47631

(2) Procedures for annually collecting and reporting the data	47632
to the state board in accordance with division (D) of this	47633
section;	47634

(3) Procedures for annually compiling the data in accordance	47635
with division (G) of this section;	47636

(4) Procedures for annually reporting the data to the public	47637
in accordance with division (H) of this section.	47638

(B) The guidelines adopted under this section shall require	47639
the data maintained in the education management information system	47640
to include at least the following:	47641

(1) Student participation and performance data, for each	47642
grade in each school district as a whole and for each grade in	47643
each school building in each school district, that includes:	47644

(a) The numbers of students receiving each category of	47645
instructional service offered by the school district, such as	47646
regular education instruction, vocational education instruction,	47647
specialized instruction programs or enrichment instruction that is	47648
part of the educational curriculum, instruction for gifted	47649
students, instruction for students with disabilities, and remedial	47650
instruction. The guidelines shall require instructional services	47651
under this division to be divided into discrete categories if an	47652
instructional service is limited to a specific subject, a specific	47653
type of student, or both, such as regular instructional services	47654
in mathematics, remedial reading instructional services,	47655
instructional services specifically for students gifted in	47656
mathematics or some other subject area, or instructional services	47657
for students with a specific type of disability. The categories of	47658
instructional services required by the guidelines under this	47659
division shall be the same as the categories of instructional	47660
services used in determining cost units pursuant to division	47661
(C)(3) of this section.	47662

(b) The numbers of students receiving support or	47663
extracurricular services for each of the support services or	47664
extracurricular programs offered by the school district, such as	47665
counseling services, health services, and extracurricular sports	47666
and fine arts programs. The categories of services required by the	47667
guidelines under this division shall be the same as the categories	47668
of services used in determining cost units pursuant to division	47669
(C)(4)(a) of this section.	47670

(c) Average student grades in each subject in grades nine	47671
through twelve;	47672

(d) Academic achievement levels as assessed under sections	47673
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	47674

(e) The number of students designated as having a disabling	47675
condition pursuant to division (C)(1) of section 3301.0711 of the	47676
Revised Code;	47677

(f) The numbers of students reported to the state board	47678
pursuant to division (C)(2) of section 3301.0711 of the Revised	47679
Code;	47680

(g) Attendance rates and the average daily attendance for the	47681
year. For purposes of this division, a student shall be counted as	47682
present for any field trip that is approved by the school	47683
administration.	47684

(h) Expulsion rates;

47685

(i) Suspension rates;

47686

(j) Dropout rates;

47687

(k) Rates of retention in grade;

47688

(l) For pupils in grades nine through twelve, the average	47689
number of carnegie units, as calculated in accordance with state	47690
board of education rules;	47691

(m) Graduation rates, to be calculated in a manner specified	47692
by the department of education that reflects the rate at which	47693
students who were in the ninth grade three years prior to the	47694
current year complete school and that is consistent with	47695
nationally accepted reporting requirements;	47696

(n) Results of diagnostic assessments administered to	47697
kindergarten students as required under section 3301.0715 of the	47698
Revised Code to permit a comparison of the academic readiness of	47699
kindergarten students. However, no district shall be required to	47700
report to the department the results of any diagnostic assessment	47701
administered to a kindergarten student if the parent of that	47702
student requests the district not to report those results.	47703

(2) Personnel and classroom enrollment data for each school	47704
district, including:	47705

(a) The total numbers of licensed employees and nonlicensed	47706
employees and the numbers of full-time equivalent licensed	47707
employees and nonlicensed employees providing each category of	47708
instructional service, instructional support service, and	47709
administrative support service used pursuant to division (C)(3) of	47710
this section. The guidelines adopted under this section shall	47711
require these categories of data to be maintained for the school	47712
district as a whole and, wherever applicable, for each grade in	47713
the school district as a whole, for each school building as a	47714
whole, and for each grade in each school building.	47715

(b) The total number of employees and the number of full-time	47716
equivalent employees providing each category of service used	47717
pursuant to divisions (C)(4)(a) and (b) of this section, and the	47718
total numbers of licensed employees and nonlicensed employees and	47719
the numbers of full-time equivalent licensed employees and	47720
nonlicensed employees providing each category used pursuant to	47721
division (C)(4)(c) of this section. The guidelines adopted under	47722
this section shall require these categories of data to be	47723
maintained for the school district as a whole and, wherever	47724
applicable, for each grade in the school district as a whole, for	47725
each school building as a whole, and for each grade in each school	47726
building.	47727

(c) The total number of regular classroom teachers teaching	47728
classes of regular education and the average number of pupils	47729
enrolled in each such class, in each of grades kindergarten	47730
through five in the district as a whole and in each school	47731
building in the school district.	47732

(d) The number of lead teachers employed by each school	47733
district and each school building.	47734

(3)(a) Student demographic data for each school district,	47735
including information regarding the gender ratio of the school	47736
district's pupils, the racial make-up of the school district's	47737
pupils, the number of limited English proficient students in the	47738
district, and an appropriate measure of the number of the school	47739
district's pupils who reside in economically disadvantaged	47740
households. The demographic data shall be collected in a manner to	47741
allow correlation with data collected under division (B)(1) of	47742
this section. Categories for data collected pursuant to division	47743
(B)(3) of this section shall conform, where appropriate, to	47744
standard practices of agencies of the federal government.	47745

(b) With respect to each student entering kindergarten,	47746
whether the student previously participated in a public preschool	47747
program, a private preschool program, or a head start program, and	47748
the number of years the student participated in each of these	47749
programs.	47750

(4) Any data required to be collected pursuant to federal	47751
law.	47752

(C) The education management information system shall include	47753
cost accounting data for each district as a whole and for each	47754
school building in each school district. The guidelines adopted	47755
under this section shall require the cost data for each school	47756
district to be maintained in a system of mutually exclusive cost	47757
units and shall require all of the costs of each school district	47758
to be divided among the cost units. The guidelines shall require	47759
the system of mutually exclusive cost units to include at least	47760
the following:	47761

(1) Administrative costs for the school district as a whole.	47762
The guidelines shall require the cost units under this division	47763
(C)(1) to be designed so that each of them may be compiled and	47764
reported in terms of average expenditure per pupil in formula ADM	47765
in the school district, as determined pursuant to section 3317.03	47766
of the Revised Code.	47767

(2) Administrative costs for each school building in the	47768
school district. The guidelines shall require the cost units under	47769
this division (C)(2) to be designed so that each of them may be	47770
compiled and reported in terms of average expenditure per	47771
full-time equivalent pupil receiving instructional or support	47772
services in each building.	47773

(3) Instructional services costs for each category of	47774
instructional service provided directly to students and required	47775
by guidelines adopted pursuant to division (B)(1)(a) of this	47776
section. The guidelines shall require the cost units under	47777
division (C)(3) of this section to be designed so that each of	47778
them may be compiled and reported in terms of average expenditure	47779
per pupil receiving the service in the school district as a whole	47780
and average expenditure per pupil receiving the service in each	47781
building in the school district and in terms of a total cost for	47782
each category of service and, as a breakdown of the total cost, a	47783
cost for each of the following components:	47784

(a) The cost of each instructional services category required	47785
by guidelines adopted under division (B)(1)(a) of this section	47786
that is provided directly to students by a classroom teacher;	47787

(b) The cost of the instructional support services, such as	47788
services provided by a speech-language pathologist, classroom	47789
aide, multimedia aide, or librarian, provided directly to students	47790
in conjunction with each instructional services category;	47791

(c) The cost of the administrative support services related	47792
to each instructional services category, such as the cost of	47793
personnel that develop the curriculum for the instructional	47794
services category and the cost of personnel supervising or	47795
coordinating the delivery of the instructional services category.	47796

(4) Support or extracurricular services costs for each	47797
category of service directly provided to students and required by	47798
guidelines adopted pursuant to division (B)(1)(b) of this section.	47799
The guidelines shall require the cost units under division (C)(4)	47800
of this section to be designed so that each of them may be	47801
compiled and reported in terms of average expenditure per pupil	47802
receiving the service in the school district as a whole and	47803
average expenditure per pupil receiving the service in each	47804
building in the school district and in terms of a total cost for	47805
each category of service and, as a breakdown of the total cost, a	47806
cost for each of the following components:	47807

(a) The cost of each support or extracurricular services	47808
category required by guidelines adopted under division (B)(1)(b)	47809
of this section that is provided directly to students by a	47810
licensed employee, such as services provided by a guidance	47811
counselor or any services provided by a licensed employee under a	47812
supplemental contract;	47813

(b) The cost of each such services category provided directly	47814
to students by a nonlicensed employee, such as janitorial	47815
services, cafeteria services, or services of a sports trainer;	47816

(c) The cost of the administrative services related to each	47817
services category in division (C)(4)(a) or (b) of this section,	47818
such as the cost of any licensed or nonlicensed employees that	47819
develop, supervise, coordinate, or otherwise are involved in	47820
administering or aiding the delivery of each services category.	47821

(D)(1) The guidelines adopted under this section shall	47822
require school districts to collect information about individual	47823
students, staff members, or both in connection with any data	47824
required by division (B) or (C) of this section or other reporting	47825
requirements established in the Revised Code. The guidelines may	47826
also require school districts to report information about	47827
individual staff members in connection with any data required by	47828
division (B) or (C) of this section or other reporting	47829
requirements established in the Revised Code. The guidelines shall	47830
not authorize school districts to request social security numbers	47831
of individual students. The guidelines shall prohibit the	47832
reporting under this section of a student's name, address, and	47833
social security number to the state board of education or the	47834
department of education. The guidelines shall also prohibit the	47835
reporting under this section of any personally identifiable	47836
information about any student, except for the purpose of assigning	47837
the data verification code required by division (D)(2) of this	47838
section, to any other person unless such person is employed by the	47839
school district or the information technology center operated	47840
under section 3301.075 of the Revised Code and is authorized by	47841
the district or technology center to have access to such	47842
information or is employed by an entity with which the department	47843
contracts for the scoring or the development of state assessments.	47844
The guidelines may require school districts to provide the social	47845
security numbers of individual staff members and the county of	47846
residence for a student. Nothing in this section prohibits the	47847
state board of education or department of education from providing	47848
a student's county of residence to the department of taxation to	47849
facilitate the distribution of tax revenue.	47850

(2)(a) The guidelines shall provide for each school district	47851
or community school to assign a data verification code that is	47852
unique on a statewide basis over time to each student whose	47853
initial Ohio enrollment is in that district or school and to	47854
report all required individual student data for that student	47855
utilizing such code. The guidelines shall also provide for	47856
assigning data verification codes to all students enrolled in	47857
districts or community schools on the effective date of the	47858
guidelines established under this section. The assignment of data	47859
verification codes for other entities, as described in division	47860
(D)(2)(c) of this section, the use of those codes, and the	47861
reporting and use of associated individual student data shall be	47862
coordinated by the department in accordance with state and federal	47863
law.	47864

School districts shall report individual student data to the	47865
department through the information technology centers utilizing	47866
the code. The entities described in division (D)(2)(c) of this	47867
section shall report individual student data to the department in	47868
the manner prescribed by the department.	47869

Except as provided in sections 3301.941, 3310.11, 3310.42,	47870
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	47871
shall the state board or the department have access to information	47872
that would enable any data verification code to be matched to	47873
personally identifiable student data.	47874

(b) Each school district and community school shall ensure	47875
that the data verification code is included in the student's	47876
records reported to any subsequent school district, community	47877
school, or state institution of higher education, as defined in	47878
section 3345.011 of the Revised Code, in which the student	47879
enrolls. Any such subsequent district or school shall utilize the	47880
same identifier in its reporting of data under this section.	47881

(c) The director of any state agency that administers a	47882
publicly funded program providing services to children who are	47883
younger than compulsory school age, as defined in section 3321.01	47884
of the Revised Code, including the directors of health, job and	47885
family services, ~~mental health~~mental health and addiction	47886
services, and developmental disabilities, shall request and	47887
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	47888
Code, a data verification code for a child who is receiving those	47889
services.	47890

(E) The guidelines adopted under this section may require	47891
school districts to collect and report data, information, or	47892
reports other than that described in divisions (A), (B), and (C)	47893
of this section for the purpose of complying with other reporting	47894
requirements established in the Revised Code. The other data,	47895
information, or reports may be maintained in the education	47896
management information system but are not required to be compiled	47897
as part of the profile formats required under division (G) of this	47898
section or the annual statewide report required under division (H)	47899
of this section.	47900

(F) Beginning with the school year that begins July 1, 1991,	47901
the board of education of each school district shall annually	47902
collect and report to the state board, in accordance with the	47903
guidelines established by the board, the data required pursuant to	47904
this section. A school district may collect and report these data	47905
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	47906

(G) The state board shall, in accordance with the procedures	47907
it adopts, annually compile the data reported by each school	47908
district pursuant to division (D) of this section. The state board	47909
shall design formats for profiling each school district as a whole	47910
and each school building within each district and shall compile	47911
the data in accordance with these formats. These profile formats	47912
shall:	47913

(1) Include all of the data gathered under this section in a	47914
manner that facilitates comparison among school districts and	47915
among school buildings within each school district;	47916

(2) Present the data on academic achievement levels as	47917
assessed by the testing of student achievement maintained pursuant	47918
to division (B)(1)(d) of this section.	47919

(H)(1) The state board shall, in accordance with the	47920
procedures it adopts, annually prepare a statewide report for all	47921
school districts and the general public that includes the profile	47922
of each of the school districts developed pursuant to division (G)	47923
of this section. Copies of the report shall be sent to each school	47924
district.	47925

(2) The state board shall, in accordance with the procedures	47926
it adopts, annually prepare an individual report for each school	47927
district and the general public that includes the profiles of each	47928
of the school buildings in that school district developed pursuant	47929
to division (G) of this section. Copies of the report shall be	47930
sent to the superintendent of the district and to each member of	47931
the district board of education.	47932

(3) Copies of the reports received from the state board under	47933
divisions (H)(1) and (2) of this section shall be made available	47934
to the general public at each school district's offices. Each	47935
district board of education shall make copies of each report	47936
available to any person upon request and payment of a reasonable	47937
fee for the cost of reproducing the report. The board shall	47938
annually publish in a newspaper of general circulation in the	47939
school district, at least twice during the two weeks prior to the	47940
week in which the reports will first be available, a notice	47941
containing the address where the reports are available and the	47942
date on which the reports will be available.	47943

(I) Any data that is collected or maintained pursuant to this	47944
section and that identifies an individual pupil is not a public	47945
record for the purposes of section 149.43 of the Revised Code.	47946

(J) As used in this section:

47947

(1) "School district" means any city, local, exempted	47948
village, or joint vocational school district and, in accordance	47949
with section 3314.17 of the Revised Code, any community school. As	47950
used in division (L) of this section, "school district" also	47951
includes any educational service center or other educational	47952
entity required to submit data using the system established under	47953
this section.	47954

(2) "Cost" means any expenditure for operating expenses made	47955
by a school district excluding any expenditures for debt	47956
retirement except for payments made to any commercial lending	47957
institution for any loan approved pursuant to section 3313.483 of	47958
the Revised Code.	47959

(K) Any person who removes data from the information system	47960
established under this section for the purpose of releasing it to	47961
any person not entitled under law to have access to such	47962
information is subject to section 2913.42 of the Revised Code	47963
prohibiting tampering with data.	47964

(L)(1) In accordance with division (L)(2) of this section and	47965
the rules adopted under division (L)(10) of this section, the	47966
department of education may sanction any school district that	47967
reports incomplete or inaccurate data, reports data that does not	47968
conform to data requirements and descriptions published by the	47969
department, fails to report data in a timely manner, or otherwise	47970
does not make a good faith effort to report data as required by	47971
this section.	47972

(2) If the department decides to sanction a school district	47973
under this division, the department shall take the following	47974
sequential actions:	47975

(a) Notify the district in writing that the department has	47976
determined that data has not been reported as required under this	47977
section and require the district to review its data submission and	47978
submit corrected data by a deadline established by the department.	47979
The department also may require the district to develop a	47980
corrective action plan, which shall include provisions for the	47981
district to provide mandatory staff training on data reporting	47982
procedures.	47983

(b) Withhold up to ten per cent of the total amount of state	47984
funds due to the district for the current fiscal year and, if not	47985
previously required under division (L)(2)(a) of this section,	47986
require the district to develop a corrective action plan in	47987
accordance with that division;	47988

(c) Withhold an additional amount of up to twenty per cent of	47989
the total amount of state funds due to the district for the	47990
current fiscal year;	47991

(d) Direct department staff or an outside entity to	47992
investigate the district's data reporting practices and make	47993
recommendations for subsequent actions. The recommendations may	47994
include one or more of the following actions:	47995

(i) Arrange for an audit of the district's data reporting	47996
practices by department staff or an outside entity;	47997

(ii) Conduct a site visit and evaluation of the district;

47998

(iii) Withhold an additional amount of up to thirty per cent	47999
of the total amount of state funds due to the district for the	48000
current fiscal year;	48001

(iv) Continue monitoring the district's data reporting;

48002

(v) Assign department staff to supervise the district's data	48003
management system;	48004

(vi) Conduct an investigation to determine whether to suspend	48005
or revoke the license of any district employee in accordance with	48006
division (N) of this section;	48007

(vii) If the district is issued a report card under section	48008
3302.03 of the Revised Code, indicate on the report card that the	48009
district has been sanctioned for failing to report data as	48010
required by this section;	48011

(viii) If the district is issued a report card under section	48012
3302.03 of the Revised Code and incomplete or inaccurate data	48013
submitted by the district likely caused the district to receive a	48014
higher performance rating than it deserved under that section,	48015
issue a revised report card for the district;	48016

(ix) Any other action designed to correct the district's data	48017
reporting problems.	48018

(3) Any time the department takes an action against a school	48019
district under division (L)(2) of this section, the department	48020
shall make a report of the circumstances that prompted the action.	48021
The department shall send a copy of the report to the district	48022
superintendent or chief administrator and maintain a copy of the	48023
report in its files.	48024

(4) If any action taken under division (L)(2) of this section	48025
resolves a school district's data reporting problems to the	48026
department's satisfaction, the department shall not take any	48027
further actions described by that division. If the department	48028
withheld funds from the district under that division, the	48029
department may release those funds to the district, except that if	48030
the department withheld funding under division (L)(2)(c) of this	48031
section, the department shall not release the funds withheld under	48032
division (L)(2)(b) of this section and, if the department withheld	48033
funding under division (L)(2)(d) of this section, the department	48034
shall not release the funds withheld under division (L)(2)(b) or	48035
(c) of this section.	48036

(5) Notwithstanding anything in this section to the contrary,	48037
the department may use its own staff or an outside entity to	48038
conduct an audit of a school district's data reporting practices	48039
any time the department has reason to believe the district has not	48040
made a good faith effort to report data as required by this	48041
section. If any audit conducted by an outside entity under	48042
division (L)(2)(d)(i) or (5) of this section confirms that a	48043
district has not made a good faith effort to report data as	48044
required by this section, the district shall reimburse the	48045
department for the full cost of the audit. The department may	48046
withhold state funds due to the district for this purpose.	48047

(6) Prior to issuing a revised report card for a school	48048
district under division (L)(2)(d)(viii) of this section, the	48049
department may hold a hearing to provide the district with an	48050
opportunity to demonstrate that it made a good faith effort to	48051
report data as required by this section. The hearing shall be	48052
conducted by a referee appointed by the department. Based on the	48053
information provided in the hearing, the referee shall recommend	48054
whether the department should issue a revised report card for the	48055
district. If the referee affirms the department's contention that	48056
the district did not make a good faith effort to report data as	48057
required by this section, the district shall bear the full cost of	48058
conducting the hearing and of issuing any revised report card.	48059

(7) If the department determines that any inaccurate data	48060
reported under this section caused a school district to receive	48061
excess state funds in any fiscal year, the district shall	48062
reimburse the department an amount equal to the excess funds, in	48063
accordance with a payment schedule determined by the department.	48064
The department may withhold state funds due to the district for	48065
this purpose.	48066

(8) Any school district that has funds withheld under	48067
division (L)(2) of this section may appeal the withholding in	48068
accordance with Chapter 119. of the Revised Code.	48069

(9) In all cases of a disagreement between the department and	48070
a school district regarding the appropriateness of an action taken	48071
under division (L)(2) of this section, the burden of proof shall	48072
be on the district to demonstrate that it made a good faith effort	48073
to report data as required by this section.	48074

(10) The state board of education shall adopt rules under	48075
Chapter 119. of the Revised Code to implement division (L) of this	48076
section.	48077

(M) No information technology center or school district shall	48078
acquire, change, or update its student administration software	48079
package to manage and report data required to be reported to the	48080
department unless it converts to a student software package that	48081
is certified by the department.	48082

(N) The state board of education, in accordance with sections	48083
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	48084
license as defined under division (A) of section 3319.31 of the	48085
Revised Code that has been issued to any school district employee	48086
found to have willfully reported erroneous, inaccurate, or	48087
incomplete data to the education management information system.	48088

(O) No person shall release or maintain any information about	48089
any student in violation of this section. Whoever violates this	48090
division is guilty of a misdemeanor of the fourth degree.	48091

(P) The department shall disaggregate the data collected	48092
under division (B)(1)(n) of this section according to the race and	48093
socioeconomic status of the students assessed. No data collected	48094
under that division shall be included on the report cards required	48095
by section 3302.03 of the Revised Code.	48096

(Q) If the department cannot compile any of the information	48097
required by division (H) of section 3302.03 of the Revised Code	48098
based upon the data collected under this section, the department	48099
shall develop a plan and a reasonable timeline for the collection	48100
of any data necessary to comply with that division.	48101

Sec. 3301.0715. (A) Except as otherwise required under	48102
division (B)(1) of section 3313.608 of the Revised Code, the board	48103
of education of each city, local, and exempted village school	48104
district shall administer each applicable diagnostic assessment	48105
developed and provided to the district in accordance with section	48106
3301.079 of the Revised Code to the following:	48107

(1) Any student who transfers into the district or to a	48108
different school within the district if each applicable diagnostic	48109
assessment was not administered by the district or school the	48110
student previously attended in the current school year, within	48111
thirty days after the date of transfer. If the district or school	48112
into which the student transfers cannot determine whether the	48113
student has taken any applicable diagnostic assessment in the	48114
current school year, the district or school may administer the	48115
diagnostic assessment to the student.	48116

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	48117
student, not earlier than four weeks prior to the first day of	48118
school and not later than the first day of October. ~~For~~	48119

(b) Beginning July 1, 2014, each kindergarten student, not	48120
earlier than the first day of the school year and not later than	48121
the first day of November, except that the language and reading	48122
skills portion of the assessment shall be administered by the	48123
thirtieth day of September to fulfill the requirements of division	48124
(B) of section 3313.608 of the Revised Code.	48125

For the purpose of division (A)(2) of this section, the	48126
district shall administer the kindergarten readiness assessment	48127
provided by the department of education. In no case shall the	48128
results of the readiness assessment be used to prohibit a student	48129
from enrolling in kindergarten.	48130

(3) Each student enrolled in first, second, or third grade.

48131

(B) Each district board shall administer each diagnostic	48132
assessment when the board deems appropriate, provided the	48133
administration complies with section 3313.608 of the Revised Code.	48134
However, the board shall administer any diagnostic assessment at	48135
least once annually to all students in the appropriate grade	48136
level. A district board may administer any diagnostic assessment	48137
in the fall and spring of a school year to measure the amount of	48138
academic growth attributable to the instruction received by	48139
students during that school year.	48140

(C) Any district that received an excellent or effective	48141
rating for the immediately preceding school year, pursuant to	48142
section 3302.03 of the Revised Code as it existed prior to ~~the~~	48143
~~effective date of this amendment~~March 22, 2013, or the equivalent	48144
of such rating as determined by the department of education, may	48145
use different diagnostic assessments from those adopted under	48146
division (D) of section 3301.079 of the Revised Code in order to	48147
satisfy the requirements of division (A)(2) of this section.	48148

(D) Each district board shall utilize and score any	48149
diagnostic assessment administered under division (A) of this	48150
section in accordance with rules established by the department.	48151
After the administration of any diagnostic assessment, each	48152
district shall provide a student's completed diagnostic	48153
assessment, the results of such assessment, and any other	48154
accompanying documents used during the administration of the	48155
assessment to the parent of that student, and shall include all	48156
such documents and information in any plan developed for the	48157
student under division (C) of section 3313.608 of the Revised	48158
Code. Each district shall submit to the department, in the manner	48159
the department prescribes, the results of the diagnostic	48160
assessments administered under this section, regardless of the	48161
type of assessment used under section 3313.608 of the Revised	48162
Code. The department may issue reports with respect to the data	48163
collected.	48164

(E) Each district board shall provide intervention services	48165
to students whose diagnostic assessments show that they are	48166
failing to make satisfactory progress toward attaining the	48167
academic standards for their grade level.	48168

Sec. 3301.0723. (A) The independent contractor engaged by	48169
the department of education to create and maintain for school	48170
districts and community schools the student data verification	48171
codes required by division (D)(2) of section 3301.0714 of the	48172
Revised Code, upon request of the director of any state agency	48173
that administers a publicly funded program providing services to	48174
children who are younger than compulsory school age, as defined in	48175
section 3321.01 of the Revised Code, including the directors of	48176
health, job and family services, ~~mental health~~mental health and	48177
addiction services, and developmental disabilities, shall assign a	48178
data verification code to a child who is receiving such services	48179
and shall provide that code to the director. The contractor also	48180
shall provide that code to the department of education.	48181

(B) The director of a state agency that receives a child's	48182
data verification code under division (A) of this section shall	48183
use that code to submit information for that child to the	48184
department of education in accordance with section 3301.0714 of	48185
the Revised Code.	48186

(C) A public school that receives from the independent	48187
contractor the data verification code for a child assigned under	48188
division (A) of this section shall not request or assign to that	48189
child another data verification code under division (D)(2) of	48190
section 3301.0714 of the Revised Code. That school and any other	48191
public school in which the child subsequently enrolls shall use	48192
the data verification code assigned under division (A) of this	48193
section to report data relative to that student required under	48194
section 3301.0714 of the Revised Code.	48195

Sec. 3301.0725. A school district may employ certificated	48196
instructional personnel for ~~more days during a school year than~~	48197
~~the district normally employs its regular classroom teachers~~hours	48198
outside of the normal school day for the purpose of providing	48199
extended programming, subject to the provisions of section	48200
3319.0812 of the Revised Code. Extended programming, as defined by	48201
rule of the state board of education, shall be based upon learner	48202
needs and, if applicable, business and industry validated	48203
standards and competencies and shall enhance student learning	48204
opportunities. Extended programming shall be subject to the	48205
requirements of sections 3313.6018 and 3313.6019 of the Revised	48206
Code.	48207

No rule of the state board shall require extended programming	48208
employment of certificated instructional personnel as a condition	48209
of eligibility for funding under any other section of the Revised	48210
Code.	48211

Sec. 3301.15. The state board of education or its authorized	48212
representatives may inspect all institutions under the control of	48213
the department of job and family services, the department of	48214
~~mental health~~mental health and addiction services, the department	48215
of developmental disabilities, and the department of	48216
rehabilitation and correction which employ teachers, and may make	48217
a report on the teaching, discipline, and school equipment in	48218
these institutions to the director of job and family services, the	48219
director of ~~mental health~~mental health and addiction services,	48220
the director of developmental disabilities, the director of	48221
rehabilitation and correction, and the governor.	48222

Sec. 3301.16. Pursuant to standards prescribed by the state	48223
board of education as provided in division (D) of section 3301.07	48224
of the Revised Code, the state board shall classify and charter	48225
school districts and individual schools within each district	48226
except that no charter shall be granted to a nonpublic school	48227
unless the school complies with division (K)(1)(a) of section	48228
3301.0711, if applicable, and section 3313.612 of the Revised	48229
Code.	48230

In the course of considering the charter of a new school	48231
district created under section 3311.26 or 3311.38 of the Revised	48232
Code, the state board shall require the party proposing creation	48233
of the district to submit to the board a map, certified by the	48234
county auditor of the county in which the proposed new district is	48235
located, showing the boundaries of the proposed new district. In	48236
the case of a proposed new district located in more than one	48237
county, the map shall be certified by the county auditor of each	48238
county in which the proposed district is located.	48239

The state board shall revoke the charter of any school	48240
district or school which fails to meet the standards for	48241
elementary and high schools as prescribed by the board. The state	48242
board shall also revoke the charter of any nonpublic school that	48243
does not comply with division (K)(1)(a) of section 3301.0711, if	48244
applicable, and section 3313.612 of the Revised Code.	48245

In the issuance and revocation of school district or school	48246
charters, the state board shall be governed by the provisions of	48247
Chapter 119. of the Revised Code.	48248

No school district, or individual school operated by a school	48249
district, shall operate without a charter issued by the state	48250
board under this section.	48251

In case a school district charter is revoked pursuant to this	48252
section, the state board may dissolve the school district and	48253
transfer its territory to one or more adjacent districts. An	48254
equitable division of the funds, property, and indebtedness of the	48255
school district shall be made by the state board among the	48256
receiving districts. The board of education of a receiving	48257
district shall accept such territory pursuant to the order of the	48258
state board. Prior to dissolving the school district, the state	48259
board shall notify the appropriate educational service center	48260
governing board and all adjacent school district boards of	48261
education of its intention to do so. Boards so notified may make	48262
recommendations to the state board regarding the proposed	48263
dissolution and subsequent transfer of territory. Except as	48264
provided in section 3301.161 of the Revised Code, the transfer	48265
ordered by the state board shall become effective on the date	48266
specified by the state board, but the date shall be at least	48267
thirty days following the date of issuance of the order.	48268

A high school is one of higher grade than an elementary	48269
school, in which instruction and training are given in accordance	48270
with sections 3301.07 and 3313.60 of the Revised Code and which	48271
also offers other subjects of study more advanced than those	48272
taught in the elementary schools and such other subjects as may be	48273
approved by the state board of education.	48274

An elementary school is one in which instruction and training	48275
are given in accordance with sections 3301.07 and 3313.60 of the	48276
Revised Code and which offers such other subjects as may be	48277
approved by the state board of education. In districts wherein a	48278
junior high school is maintained, the elementary schools in that	48279
district may be considered to include only the work of the first	48280
six school years inclusive, plus the kindergarten year.	48281

Sec. 3302.01. As used in this chapter:

48282

(A) "Performance index score" means the average of the totals	48283
derived from calculations for each subject area of English	48284
language arts, mathematics, science, and social studies of the	48285
weighted proportion of untested students and students scoring at	48286
each level of skill described in division (A)(2) of section	48287
3301.0710 of the Revised Code on the assessments prescribed by	48288
divisions (A) and (B)(1) of that section. The department of	48289
education shall assign weights such that students who do not take	48290
an assessment receive a weight of zero and students who take an	48291
assessment receive progressively larger weights dependent upon the	48292
level of skill attained on the assessment. The department shall	48293
assign additional weights to students who have been permitted to	48294
pass over a subject in accordance with a student acceleration	48295
policy adopted under section 3324.10 of the Revised Code. If such	48296
a student attains the proficient score prescribed under division	48297
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	48298
assessment, the department shall assign the student the weight	48299
prescribed for the next higher scoring level. If such a student	48300
attains the advanced score, prescribed under division (A)(2)(a) of	48301
section 3301.0710 of the Revised Code, on an assessment, the	48302
department shall assign to the student an additional proportional	48303
weight, as approved by the state board. For each school year that	48304
such a student's score is included in the performance index score	48305
and the student attains the proficient score on an assessment,	48306
that additional weight shall be assigned to the student on a	48307
subject-by-subject basis.	48308

Students shall be included in the "performance index score"	48309
in accordance with division (K)(2) of section 3302.03 of the	48310
Revised Code.	48311

(B) "Subgroup" means a subset of the entire student	48312
population of the state, a school district, or a school building	48313
and includes each of the following:	48314

(1) Major racial and ethnic groups;

48315

(2) Students with disabilities;

48316

(3) Economically disadvantaged students;

48317

(4) Limited English proficient students;

48318

(5) Students identified as gifted in superior cognitive	48319
ability and specific academic ability fields under Chapter 3324.	48320
of the Revised Code. For students who are gifted in specific	48321
academic ability fields, the department shall use data for those	48322
students with specific academic ability in math and reading. If	48323
any other academic field is assessed, the department shall also	48324
include data for students with specific academic ability in that	48325
field.	48326

(6) Students in the lowest quintile for achievement	48327
statewide, as determined by a method prescribed by the state board	48328
of education.	48329

(C) "No Child Left Behind Act of 2001" includes the statutes	48330
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	48331
both thereto, rules and regulations promulgated pursuant to those	48332
statutes, guidance documents, and any other policy directives	48333
regarding implementation of that act issued by the United States	48334
department of education.	48335

(D) "Adequate yearly progress" means a measure of annual	48336
academic performance as calculated in accordance with the "No	48337
Child Left Behind Act of 2001."	48338

(E) "Supplemental educational services" means additional	48339
academic assistance, such as tutoring, remediation, or other	48340
educational enrichment activities, that is conducted outside of	48341
the regular school day by a provider approved by the department in	48342
accordance with the "No Child Left Behind Act of 2001."	48343

(F) "Value-added progress dimension" means a measure of	48344
academic gain for a student or group of students over a specific	48345
period of time that is calculated by applying a statistical	48346
methodology to individual student achievement data derived from	48347
the achievement assessments prescribed by section 3301.0710 of the	48348
Revised Code. The "value-added progress dimension" shall be	48349
developed and implemented in accordance with section 3302.021 of	48350
the Revised Code.	48351

(G)(1) "Four-year adjusted cohort graduation rate" means the	48352
number of students who graduate in four years or less with a	48353
regular high school diploma divided by the number of students who	48354
form the adjusted cohort for the graduating class.	48355

(2) "Five-year adjusted cohort graduation rate" means the	48356
number of students who graduate in five years with a regular high	48357
school diploma divided by the number of students who form the	48358
adjusted cohort for the four-year graduation rate.	48359

(H) "State institution of higher education" has the same	48360
meaning as in section 3345.011 of the Revised Code.	48361

(I) "Annual measurable objectives" means a measure of student	48362
progress determined in accordance with an agreement between the	48363
department of education and the United States department of	48364
education.	48365

Sec. 3302.03. Annually, not later than the fifteenth day of	48366
September or the preceding Friday when that day falls on a	48367
Saturday or Sunday, the department of education shall assign a	48368
letter grade for overall academic performance and for each	48369
separate performance measure for each school district, and each	48370
school building in a district, in accordance with this section.	48371
The state board shall adopt rules pursuant to Chapter 119. of the	48372
Revised Code to establish performance criteria for each letter	48373
grade and prescribe a method by which the department assigns each	48374
letter grade. For a school building to which any of the	48375
performance measures do not apply, due to grade levels served by	48376
the building, the state board shall designate the performance	48377
measures that are applicable to the building and that must be	48378
calculated separately and used to calculate the building's overall	48379
grade. The department shall issue annual report cards reflecting	48380
the performance of each school district, each building within each	48381
district, and for the state as a whole using the performance	48382
measures and letter grade system described in this section. The	48383
department shall include on the report card for each district and	48384
each building within each district the most recent two-year trend	48385
data in student achievement for each subject and each grade.	48386

(A)(1) For the 2012-2013 school year, the department shall	48387
issue grades as described in division (E) of this section for each	48388
of the following performance measures:	48389

(a) Annual measurable objectives;

48390

(b) Performance index score for a school district or	48391
building. Grades shall be awarded as a percentage of the total	48392
possible points on the performance index system as adopted by the	48393
state board. In adopting benchmarks for assigning letter grades	48394
under division (A)(1)(b) of this section, the state board of	48395
education shall designate ninety per cent or higher for an "A," at	48396
least seventy per cent but not more than eighty per cent for a	48397
"C," and less than fifty per cent for an "F."	48398

(c) The extent to which the school district or building meets	48399
each of the applicable performance indicators established by the	48400
state board under section 3302.02 of the Revised Code and the	48401
percentage of applicable performance indicators that have been	48402
achieved. In adopting benchmarks for assigning letter grades under	48403
division (A)(1)(c) of this section, the state board shall	48404
designate ninety per cent or higher for an "A."	48405

(d) The four- and five-year adjusted cohort graduation rates.

48406

In adopting benchmarks for assigning letter grades under	48407
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	48408
department shall designate a four-year adjusted cohort graduation	48409
rate of ninety-three per cent or higher for an "A" and a five-year	48410
cohort graduation rate of ninety-five per cent or higher for an	48411
"A."	48412

(e) The overall score under the value-added progress	48413
dimension of a school district or building, for which the	48414
department shall use up to three years of value-added data as	48415
available. The letter grade assigned for this growth measure shall	48416
be as follows:	48417

(i) A score that is at least two standard errors of measure	48418
above the mean score shall be designated as an "A."	48419

(ii) A score that is at least one standard error of measure	48420
but less than two standard errors of measure above the mean score	48421
shall be designated as a "B."	48422

(iii) A score that is less than one standard error of measure	48423
above the mean score but greater than or equal to one standard	48424
error of measure below the mean score shall be designated as a	48425
"C."	48426

(iv) A score that is not greater than one standard error of	48427
measure below the mean score but is greater than or equal to two	48428
standard errors of measure below the mean score shall be	48429
designated as a "D."	48430

(v) A score that is not greater than two standard errors of	48431
measure below the mean score shall be designated as an "F."	48432

Whenever the value-added progress dimension is used as a	48433
graded performance measure, whether as an overall measure or as a	48434
measure of separate subgroups, the grades for the measure shall be	48435
calculated in the same manner as prescribed in division (A)(1)(e)	48436
of this section.	48437

(f) The value-added progress dimension score for a school	48438
district or building disaggregated for each of the following	48439
subgroups: students identified as gifted, students with	48440
disabilities, and students whose performance places them in the	48441
lowest quintile for achievement on a statewide basis. Each	48442
subgroup shall be a separate graded measure.	48443

(2) Not later than April 30, 2013, the state board of	48444
education shall adopt a resolution describing the performance	48445
measures, benchmarks, and grading system for the 2012-2013 school	48446
year and, not later than June 30, 2013, shall adopt rules in	48447
accordance with Chapter 119. of the Revised Code that prescribe	48448
the methods by which the performance measures under division	48449
(A)(1) of this section shall be assessed and assigned a letter	48450
grade, including performance benchmarks for each letter grade.	48451

At least forty-five days prior to the state board's adoption	48452
of rules to prescribe the methods by which the performance	48453
measures under division (A)(1) of this section shall be assessed	48454
and assigned a letter grade, the department shall conduct a public	48455
presentation before the standing committees of the house of	48456
representatives and the senate that consider education legislation	48457
describing such methods, including performance benchmarks.	48458

(3) There shall not be an overall letter grade for a school	48459
district or building for the 2012-2013 school year.	48460

(B)(1) For the 2013-2014 school year, the department shall	48461
issue grades as described in division (E) of this section for each	48462
of the following performance measures:	48463

(a) Annual measurable objectives;

48464

(b) Performance index score for a school district or	48465
building. Grades shall be awarded as a percentage of the total	48466
possible points on the performance index system as created by the	48467
department. In adopting benchmarks for assigning letter grades	48468
under division (B)(1)(b) of this section, the state board shall	48469
designate ninety per cent or higher for an "A," at least seventy	48470
per cent but not more than eighty per cent for a "C," and less	48471
than fifty per cent for an "F."	48472

(c) The extent to which the school district or building meets	48473
each of the applicable performance indicators established by the	48474
state board under section 3302.03 of the Revised Code and the	48475
percentage of applicable performance indicators that have been	48476
achieved. In adopting benchmarks for assigning letter grades under	48477
division (B)(1)(c) of this section, the state board shall	48478
designate ninety per cent or higher for an "A."	48479

(d) The four- and five-year adjusted cohort graduation rates;

48480

(e) The overall score under the value-added progress	48481
dimension of a school district or building, for which the	48482
department shall use up to three years of value-added data as	48483
available.	48484

(f) The value-added progress dimension score for a school	48485
district or building disaggregated for each of the following	48486
subgroups: students identified as gifted in superior cognitive	48487
ability and specific academic ability fields under Chapter 3324.	48488
of the Revised Code, students with disabilities, and students	48489
whose performance places them in the lowest quintile for	48490
achievement on a statewide basis. Each subgroup shall be a	48491
separate graded measure.	48492

(g) Whether a school district or building is making progress	48493
in improving literacy in grades kindergarten through three, as	48494
determined using a method prescribed by the state board. The state	48495
board shall adopt rules to prescribe benchmarks and standards for	48496
assigning grades to districts and buildings for purposes of	48497
division (B)(1)~~(j)~~(g) of this section. In adopting benchmarks for	48498
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	48499
this section, the state board shall determine progress made based	48500
on the reduction in the percentage of students scoring below grade	48501
level, or below proficient, compared from year to year on the	48502
~~English language arts~~reading and writing diagnostic assessments	48503
administered under section 3301.0715 of the Revised Code and the	48504
third grade English language arts assessment under section	48505
3301.0710 of the Revised Code, as applicable. The state board	48506
shall designate for a "C" grade a value that is not lower than the	48507
statewide average value for this measure. No grade shall be issued	48508
under divisions (B)(1)(g) and (C)(1)~~(j)~~(g) of this section for a	48509
district or building in which less than five per cent of students	48510
have scored below grade level on the diagnostic assessment	48511
administered to students in kindergarten under division (B)(1) of	48512
section 3313.608 of the Revised Code.	48513

(2) In addition to the graded measures in division (B)(1) of	48514
this section, the department shall include on a school district's	48515
or building's report card all of the following without an assigned	48516
letter grade:	48517

(a) The percentage of students enrolled in a district or	48518
building participating in advanced placement classes and the	48519
percentage of those students who received a score of three or	48520
better on advanced placement examinations;	48521

(b) The number of a district's or building's students who	48522
have earned at least three college credits through dual enrollment	48523
programs, such as the post-secondary enrollment options program	48524
under Chapter 3365. of the Revised Code and state-approved	48525
career-technical courses offered through dual enrollment or	48526
statewide articulation, that appear on a student's transcript or	48527
other official document, either of which is issued by the	48528
institution of higher education from which the student earned the	48529
college credit. The credits earned that are reported under	48530
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	48531
include any that are remedial or developmental and shall include	48532
those that count toward the curriculum requirements established	48533
for completion of a degree.	48534

(c) The percentage of students enrolled in a district or	48535
building who have taken a national standardized test used for	48536
college admission determinations and the percentage of those	48537
students who are determined to be remediation-free in accordance	48538
with standards adopted under division (F) of section 3345.061 of	48539
the Revised Code;	48540

(d) The percentage of the district's or the building's	48541
students who receive industry credentials. The state board shall	48542
adopt criteria for acceptable industry credentials.	48543

(e) The percentage of students enrolled in a district or	48544
building who are participating in an international baccalaureate	48545
program and the percentage of those students who receive a score	48546
of four or better on the international baccalaureate examinations.	48547

(f) The percentage of the district's or building's students	48548
who receive an honors diploma under division (B) of section	48549
3313.61 of the Revised Code.	48550

(3) Not later than December 31, 2013, the state board shall	48551
adopt rules in accordance with Chapter 119. of the Revised Code	48552
that prescribe the methods by which the performance measures under	48553
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	48554
and assigned a letter grade, including performance benchmarks for	48555
each grade.	48556

At least forty-five days prior to the state board's adoption	48557
of rules to prescribe the methods by which the performance	48558
measures under division (B)(1) of this section shall be assessed	48559
and assigned a letter grade, the department shall conduct a public	48560
presentation before the standing committees of the house of	48561
representatives and the senate that consider education legislation	48562
describing such methods, including performance benchmarks.	48563

(4) There shall not be an overall letter grade for a school	48564
district or building for the 2013-2014 school year.	48565

(C)(1) For the 2014-2015 school year and each school year	48566
thereafter, the department shall issue grades as described in	48567
division (E) of this section for each of the following performance	48568
measures and an overall letter grade based on an aggregate of	48569
those measures:	48570

(a) Annual measurable objectives;

48571

(b) Performance index score for a school district or	48572
building. Grades shall be awarded as a percentage of the total	48573
possible points on the performance index system as created by the	48574
department. In adopting benchmarks for assigning letter grades	48575
under division (C)(1)(b) of this section, the state board shall	48576
designate ninety per cent or higher for an "A," at least seventy	48577
per cent but not more than eighty per cent for a "C," and less	48578
than fifty per cent for an "F."	48579

(c) The extent to which the school district or building meets	48580
each of the applicable performance indicators established by the	48581
state board under section 3302.03 of the Revised Code and the	48582
percentage of applicable performance indicators that have been	48583
achieved. In adopting benchmarks for assigning letter grades under	48584
division (C)(1)(c) of this section, the state board shall	48585
designate ninety per cent or higher for an "A."	48586

(d) The four- and five-year adjusted cohort graduation rates;

48587

(e) The overall score under the value-added progress	48588
dimension, or another measure of student academic progress if	48589
adopted by the state board, of a school district or building, for	48590
which the department shall use up to three years of value-added	48591
data as available.	48592

In adopting benchmarks for assigning letter grades for	48593
overall score on value-added progress dimension under division	48594
(C)(1)(e) of this section, the state board shall prohibit the	48595
assigning of a grade of "A" for that measure unless the district's	48596
or building's grade assigned for value-added progress dimension	48597
for all subgroups under division (C)(1)~~(i)~~(f) of this section is a	48598
"B" or higher.	48599

For the metric prescribed by division (C)(1)(e) of this	48600
section, the state board may adopt a student academic progress	48601
measure to be used instead of the value-added progress dimension.	48602
If the state board adopts such a measure, it also shall prescribe	48603
a method for assigning letter grades for the new measure that is	48604
comparable to the method prescribed in division (A)(1)(e) of this	48605
section.	48606

(f) The value-added progress dimension score of a school	48607
district or building disaggregated for each of the following	48608
subgroups: students identified as gifted in superior cognitive	48609
ability and specific academic ability fields under Chapter 3324.	48610
of the Revised Code, students with disabilities, and students	48611
whose performance places them in the lowest quintile for	48612
achievement on a statewide basis, as determined by a method	48613
prescribed by the state board. Each subgroup shall be a separate	48614
graded measure.	48615

The state board may adopt student academic progress measures	48616
to be used instead of the value-added progress dimension. If the	48617
state board adopts such measures, it also shall prescribe a method	48618
for assigning letter grades for the new measures that is	48619
comparable to the method prescribed in division (A)(1)(e) of this	48620
section.	48621

(g) Whether a school district or building is making progress	48622
in improving literacy in grades kindergarten through three, as	48623
determined using a method prescribed by the state board. The state	48624
board shall adopt rules to prescribe benchmarks and standards for	48625
assigning grades to a district or building for purposes of	48626
division (C)(1)~~(j)~~(g) of this section. The state board shall	48627
designate for a "C" grade a value that is not lower than the	48628
statewide average value for this measure. No grade shall be issued	48629
under division (C)(1)(g) of this section for a district or	48630
building in which less than five per cent of students have scored	48631
below grade level on the kindergarten diagnostic assessment under	48632
division (B)(1) of section 3313.608 of the Revised Code.	48633

(2) In addition to the graded measures in division (C)(1) of	48634
this section, the department shall include on a school district's	48635
or building's report card all of the following without an assigned	48636
letter grade:	48637

(a) The percentage of students enrolled in a district or	48638
building who have taken a national standardized test used for	48639
college admission determinations and the percentage of those	48640
students who are determined to be remediation-free in accordance	48641
with the standards adopted under division (F) of section 3345.061	48642
of the Revised Code;	48643

(b) The percentage of students enrolled in a district or	48644
building participating in advanced placement classes and the	48645
percentage of those students who received a score of three or	48646
better on advanced placement examinations;	48647

(c) The number of a district's or building's students who	48648
have earned at least three college credits through dual enrollment	48649
programs, such as the post-secondary enrollment options program	48650
under Chapter 3365. of the Revised Code and state-approved	48651
career-technical courses offered through dual enrollment or	48652
statewide articulation, that appear on a student's transcript or	48653
other official document, either of which is issued by the	48654
institution of higher education from which the student earned the	48655
college credit. The credits earned that are reported under	48656
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	48657
include any that are remedial or developmental and shall include	48658
those that count toward the curriculum requirements established	48659
for completion of a degree.	48660

(d) The percentage of the district's or building's students	48661
who receive an honor's diploma under division (B) of section	48662
3313.61 of the Revised Code;	48663

(e) The percentage of the district's or building's students	48664
who receive industry credentials;	48665

(f) The percentage of students enrolled in a district or	48666
building who are participating in an international baccalaureate	48667
program and the percentage of those students who receive a score	48668
of four or better on the international baccalaureate examinations;	48669

(g) The results of the college and career-ready assessments	48670
administered under division (B)(1) of section 3301.0712 of the	48671
Revised Code.	48672

(3) The state board shall adopt rules pursuant to Chapter	48673
119. of the Revised Code that establish a method to assign an	48674
overall grade for a school district or school building for the	48675
2014-2015 school year and each school year thereafter. The rules	48676
shall group the performance measures in divisions (C)(1) and (2)	48677
of this section into the following components:	48678

(a) Gap closing, which shall include the performance measure	48679
in division (C)(1)(a) of this section;	48680

(b) Achievement, which shall include the performance measures	48681
in divisions (C)(1)(b) and (c) of this section;	48682

(c) Progress, which shall include the performance measures in	48683
divisions (C)(1)(e) and ~~(i)~~(f) of this section;	48684

(d) Graduation, which shall include the performance measure	48685
in division (C)(1)(d) of this section;	48686

(e) Kindergarten through third-grade literacy, which shall	48687
include the performance measure in division (C)(1)~~(k)~~(g) of this	48688
section;	48689

(f) Prepared for success, which shall include the performance	48690
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	48691
this section. The state board shall develop a method to determine	48692
a grade for the component in division (C)(3)(f) of this section	48693
using the performance measures in divisions (C)(2)(a), (b), (c),	48694
(d), (e), and (f) of this section. When available, the state board	48695
may incorporate the performance measure under division (C)(2)(g)	48696
of this section into the component under division (C)(3)(f) of	48697
this section. When determining the overall grade for the prepared	48698
for success component prescribed by division (C)(3)(f) of this	48699
section, no individual student shall be counted in more than one	48700
performance measure. However, if a student qualifies for more than	48701
one performance measure in the component, the state board may, in	48702
its method to determine a grade for the component, specify an	48703
additional weight for such a student that is not greater than or	48704
equal to 1.0. In determining the overall score under division	48705
(C)(3)(f) of this section, the state board shall ensure that the	48706
pool of students included in the performance measures aggregated	48707
under that division are all of the students included in the four-	48708
and five-year adjusted graduation cohort.	48709

In the rules adopted under division (C)(3) of this section,	48710
the state board shall adopt a method for determining a grade for	48711
each component in divisions (C)(3)(a) to (f) of this section. The	48712
state board also shall establish a method to assign an overall	48713
grade of "A," "B," "C," "D," or "F" using the grades assigned for	48714
each component. The method the state board adopts for assigning an	48715
overall grade shall give equal weight to the components in	48716
divisions (C)(3)(b) and (c) of this section.	48717

At least forty-five days prior to the state board's adoption	48718
of rules to prescribe the methods for calculating the overall	48719
grade for the report card, as required by this division, the	48720
department shall conduct a public presentation before the standing	48721
committees of the house of representatives and the senate that	48722
consider education legislation describing the format for the	48723
report card, weights that will be assigned to the components of	48724
the overall grade, and the method for calculating the overall	48725
grade.	48726

(D) Not later than July 1, 2015, the state board shall	48727
develop a measure of student academic progress for high school	48728
students. Beginning with the report card for the 2015-2016 school	48729
year, each school district and applicable school building shall be	48730
assigned a separate letter grade for this measure and the	48731
district's or building's grade for that measure shall be included	48732
in determining the district's or building's overall letter grade.	48733
This measure shall be included within the measure prescribed in	48734
division (C)~~(2)~~(3)(c) of this section in the calculation for the	48735
overall letter grade.	48736

(E) The letter grades assigned to a school district or	48737
building under this section shall be as follows:	48738

(1) "A" for a district or school making excellent progress;

48739

(2) "B" for a district or school making above average	48740
progress;	48741

(3) "C" for a district or school making average progress;

48742

(4) "D" for a district or school making below average	48743
progress;	48744

(5) "F" for a district or school failing to meet minimum	48745
progress.	48746

(F) When reporting data on student achievement and progress,	48747
the department shall disaggregate that data according to the	48748
following categories:	48749

(1) Performance of students by grade-level;

48750

(2) Performance of students by race and ethnic group;

48751

(3) Performance of students by gender;

48752

(4) Performance of students grouped by those who have been	48753
enrolled in a district or school for three or more years;	48754

(5) Performance of students grouped by those who have been	48755
enrolled in a district or school for more than one year and less	48756
than three years;	48757

(6) Performance of students grouped by those who have been	48758
enrolled in a district or school for one year or less;	48759

(7) Performance of students grouped by those who are	48760
economically disadvantaged;	48761

(8) Performance of students grouped by those who are enrolled	48762
in a conversion community school established under Chapter 3314.	48763
of the Revised Code;	48764

(9) Performance of students grouped by those who are	48765
classified as limited English proficient;	48766

(10) Performance of students grouped by those who have	48767
disabilities;	48768

(11) Performance of students grouped by those who are	48769
classified as migrants;	48770

(12) Performance of students grouped by those who are	48771
identified as gifted in superior cognitive ability and the	48772
specific academic ability fields of reading and math pursuant to	48773
Chapter 3324. of the Revised Code. In disaggregating specific	48774
academic ability fields for gifted students, the department shall	48775
use data for those students with specific academic ability in math	48776
and reading. If any other academic field is assessed, the	48777
department shall also include data for students with specific	48778
academic ability in that field as well.	48779

(13) Performance of students grouped by those who perform in	48780
the lowest quintile for achievement on a statewide basis, as	48781
determined by a method prescribed by the state board.	48782

The department may disaggregate data on student performance	48783
according to other categories that the department determines are	48784
appropriate. To the extent possible, the department shall	48785
disaggregate data on student performance according to any	48786
combinations of two or more of the categories listed in divisions	48787
(F)(1) to (13) of this section that it deems relevant.	48788

In reporting data pursuant to division (F) of this section,	48789
the department shall not include in the report cards any data	48790
statistical in nature that is statistically unreliable or that	48791
could result in the identification of individual students. For	48792
this purpose, the department shall not report student performance	48793
data for any group identified in division (F) of this section that	48794
contains less than ten students. If the department does not report	48795
student performance data for a group because it contains less than	48796
ten students, the department shall indicate on the report card	48797
that is why data was not reported.	48798

(G) The department may include with the report cards any	48799
additional education and fiscal performance data it deems	48800
valuable.	48801

(H) The department shall include on each report card a list	48802
of additional information collected by the department that is	48803
available regarding the district or building for which the report	48804
card is issued. When available, such additional information shall	48805
include student mobility data disaggregated by race and	48806
socioeconomic status, college enrollment data, and the reports	48807
prepared under section 3302.031 of the Revised Code.	48808

The department shall maintain a site on the world wide web.	48809
The report card shall include the address of the site and shall	48810
specify that such additional information is available to the	48811
public at that site. The department shall also provide a copy of	48812
each item on the list to the superintendent of each school	48813
district. The district superintendent shall provide a copy of any	48814
item on the list to anyone who requests it.	48815

(I) Division (I) of this section does not apply to conversion	48816
community schools that primarily enroll students between sixteen	48817
and twenty-two years of age who dropped out of high school or are	48818
at risk of dropping out of high school due to poor attendance,	48819
disciplinary problems, or suspensions.	48820

(1) For any district that sponsors a conversion community	48821
school under Chapter 3314. of the Revised Code, the department	48822
shall combine data regarding the academic performance of students	48823
enrolled in the community school with comparable data from the	48824
schools of the district for the purpose of determining the	48825
performance of the district as a whole on the report card issued	48826
for the district under this section or section 3302.033 of the	48827
Revised Code.	48828

(2) Any district that leases a building to a community school	48829
located in the district or that enters into an agreement with a	48830
community school located in the district whereby the district and	48831
the school endorse each other's programs may elect to have data	48832
regarding the academic performance of students enrolled in the	48833
community school combined with comparable data from the schools of	48834
the district for the purpose of determining the performance of the	48835
district as a whole on the district report card. Any district that	48836
so elects shall annually file a copy of the lease or agreement	48837
with the department.	48838

(3) Any municipal school district, as defined in section	48839
3311.71 of the Revised Code, that sponsors a community school	48840
located within the district's territory, or that enters into an	48841
agreement with a community school located within the district's	48842
territory whereby the district and the community school endorse	48843
each other's programs, may exercise either or both of the	48844
following elections:	48845

(a) To have data regarding the academic performance of	48846
students enrolled in that community school combined with	48847
comparable data from the schools of the district for the purpose	48848
of determining the performance of the district as a whole on the	48849
district's report card;	48850

(b) To have the number of students attending that community	48851
school noted separately on the district's report card.	48852

The election authorized under division (I)(3)(a) of this	48853
section is subject to approval by the governing authority of the	48854
community school.	48855

Any municipal school district that exercises an election to	48856
combine or include data under division (I)(3) of this section, by	48857
the first day of October of each year, shall file with the	48858
department documentation indicating eligibility for that election,	48859
as required by the department.	48860

(J) The department shall include on each report card the	48861
percentage of teachers in the district or building who are highly	48862
qualified, as defined by the "No Child Left Behind Act of 2001,"	48863
and a comparison of that percentage with the percentages of such	48864
teachers in similar districts and buildings.	48865

(K)(1) In calculating English language arts, mathematics,	48866
social studies, or science assessment passage rates used to	48867
determine school district or building performance under this	48868
section, the department shall include all students taking an	48869
assessment with accommodation or to whom an alternate assessment	48870
is administered pursuant to division (C)(1) or (3) of section	48871
3301.0711 of the Revised Code.	48872

(2) In calculating performance index scores, rates of	48873
achievement on the performance indicators established by the state	48874
board under section 3302.02 of the Revised Code, and annual	48875
measurable objectives for determining adequate yearly progress for	48876
school districts and buildings under this section, the department	48877
shall do all of the following:	48878

(a) Include for each district or building only those students	48879
who are included in the ADM certified for the first full school	48880
week of October and are continuously enrolled in the district or	48881
building through the time of the spring administration of any	48882
assessment prescribed by division (A)(1) or (B)(1) of section	48883
3301.0710 of the Revised Code that is administered to the	48884
student's grade level;	48885

(b) Include cumulative totals from both the fall and spring	48886
administrations of the third grade English language arts	48887
achievement assessment;	48888

(c) Except as required by the "No Child Left Behind Act of	48889
2001," exclude for each district or building any limited English	48890
proficient student who has been enrolled in United States schools	48891
for less than one full school year.	48892

(L) Beginning with the 2015-2016 school year and at least	48893
once every three years thereafter, the state board of education	48894
shall review and may adjust the benchmarks for assigning letter	48895
grades to the performance measures and components prescribed under	48896
divisions (C)(3) and (D) of this section.	48897

Sec. 3302.032. (A) Not later than December 31, 2011, the	48898
state board of education shall establish a measure of the	48899
following:	48900

(1) Student success in meeting the benchmarks contained in	48901
the physical education standards adopted under division (A)(3) of	48902
section 3301.079 of the Revised Code;	48903

(2) Compliance with the requirements for local wellness	48904
policies prescribed by section 204 of the "Child Nutrition and WIC	48905
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	48906

(3) Whether a school district or building has elected to	48907
administer the screenings authorized by sections 3313.674,	48908
3314.15, and 3326.26 of the Revised Code;	48909

(4) Whether a school district or building is participating in	48910
the physical activity pilot program administered under section	48911
3313.6016 of the Revised Code.	48912

(B) The measure shall be included on the school district and	48913
building report cards issued under section 3302.03 of the Revised	48914
Code, beginning with the report cards issued for the 2012-2013	48915
school year, but it shall not be a factor in the performance	48916
ratings issued under that section.	48917

(C) The department of education may accept, receive, and	48918
expend gifts, devises, or bequests of money for the purpose of	48919
establishing the measure required by this section.	48920

(D) The department shall not include a student enrolled in an	48921
internet- or computer-based community school, as defined in	48922
section 3314.02 of the Revised Code, or a child with a disability,	48923
as defined in section 3323.01 of the Revised Code, in any reports	48924
using the measures required under division (A) of this section.	48925

Sec. 3302.035. (A) As used in this section, "internet- or	48926
computer-based community school" and "operator" have the same	48927
meanings as in section 3314.02 of the Revised Code.	48928

(B) The department of education shall issue to each operator	48929
that manages, in whole or in part, more than one internet- or	48930
computer-based community school composite grades for the same	48931
measures prescribed for individual schools and school districts by	48932
section 3302.03 of the Revised Code based on the grades issued	48933
under that section for such schools managed by the operator.	48934

(C) An internet- or computer-based community school managed	48935
by an operator described in division (B) of this section shall be	48936
subject to sanctions under this chapter or permanent closure under	48937
section 3314.35 of the Revised Code based on the lower of the	48938
grade or grades issued to an individual school under section	48939
3302.03 of the Revised Code or the composite grade or grades	48940
issued to the school's operator under this section.	48941

(D) This section does not apply to a community school	48942
described in division (A)(4)(a) of section 3314.35 of the Revised	48943
Code.	48944

Sec. 3302.20. (A) The department of education shall develop	48945
standards for determining, from the existing data reported in	48946
accordance with sections 3301.0714 and 3314.17 of the Revised	48947
Code, the amount of annual operating expenditures for classroom	48948
instructional purposes and for nonclassroom purposes for each	48949
city, exempted village, local, and joint vocational school	48950
district, each community school established under Chapter 3314.	48951
that is not an internet- or computer-based community school, each	48952
internet- or computer-based community school, and each STEM school	48953
established under Chapter 3326. of the Revised Code. The	48954
department shall present those standards to the state board of	48955
education for consideration. In developing the standards, the	48956
department shall adapt existing standards used by professional	48957
organizations, research organizations, and other state	48958
governments. The department also shall align the expenditure	48959
categories required for reporting under the standards with the	48960
categories that are required for reporting to the United States	48961
department of education under federal law.	48962

The state board shall consider the proposed standards and	48963
adopt a final set of standards not later than December 31, 2012.	48964
School districts, community schools, and STEM schools shall begin	48965
reporting data in accordance with the standards on June 30, 2013.	48966

(B)(1) The department shall categorize all city, exempted	48967
village, and local school districts into not less than three nor	48968
more than five groups based primarily on average daily student	48969
enrollment as reported on the most recent report card issued for	48970
each district under section 3302.03 of the Revised Code.	48971

(2) The department shall categorize all joint vocational	48972
school districts into not less than three nor more than five	48973
groups based primarily on average daily membership as reported	48974
under division (D) of section 3317.03 of the Revised Code rounded	48975
to the nearest whole number.	48976

(3) The department shall categorize all community schools	48977
that are not internet- or computer-based community schools into	48978
not less than three nor more than five groups based primarily on	48979
average daily student enrollment as reported on the most recent	48980
report card issued for each community school under sections	48981
3302.03 and 3314.012 of the Revised Code or, in the case of a	48982
school to which section 3314.017 of the Revised Code applies, on	48983
the total number of students reported under divisions (B)(2)(a)	48984
and (b) of section 3314.08 of the Revised Code.	48985

(4) The department shall categorize all internet- or	48986
computer-based community schools into a single category.	48987

(5) The department shall categorize all STEM schools into a	48988
single category.	48989

(C) Using the standards adopted under division (A) of this	48990
section and the data reported under sections 3301.0714 and 3314.17	48991
of the Revised Code, the department shall compute annually for	48992
each fiscal year, the following:	48993

(1) The percentage of each district's, community school's, or	48994
STEM school's total operating budget spent for classroom	48995
instructional purposes;	48996

(2) The statewide average percentage for all districts,	48997
community schools, and STEM schools combined spent for classroom	48998
instructional purposes;	48999

(3) The average percentage for each of the categories of	49000
districts and schools established under division (B) of this	49001
section spent for classroom instructional purposes;	49002

(4) The ranking of each district, community school, or STEM	49003
school within its respective category established under division	49004
(B) of this section according to the following:	49005

(a) From highest to lowest percentage spent for classroom	49006
instructional purposes;	49007

(b) From lowest to highest percentage spent for	49008
noninstructional purposes.	49009

(D) In its display of rankings within each category under	49010
division (C)(4) of this section, the department shall make the	49011
following notations:	49012

(1) Within each category of city, exempted village, and local	49013
school districts, the department shall denote each district that	49014
is:	49015

(a) Among the twenty per cent of all city, exempted village,	49016
and local school districts statewide with the lowest total	49017
operating expenditures per pupil;	49018

(b) Among the twenty per cent of all city, exempted village,	49019
and local school districts statewide with the highest performance	49020
index scores.	49021

(2) Within each category of joint vocational school	49022
districts, the department shall denote each district that is:	49023

(a) Among the twenty per cent of all joint vocational school	49024
districts statewide with the lowest total operating expenditures	49025
per pupil;	49026

(b) Among the twenty per cent of all joint vocational school	49027
districts statewide with the highest report card scores under	49028
section 3302.033 of the Revised Code.	49029

(3) Within each category of community schools that are not	49030
internet- or computer-based community schools, the department	49031
shall denote each school that is:	49032

(a) Among the twenty per cent of all such community schools	49033
statewide with the lowest total operating expenditures per pupil;	49034

(b) Among the twenty per cent of all such community schools	49035
statewide with the highest performance index scores, excluding	49036
such community schools to which section 3314.017 of the Revised	49037
Code applies.	49038

(4) Within the category of internet- or computer-based	49039
community schools, the department shall denote each school that	49040
is:	49041

(a) Among the twenty per cent of all such community schools	49042
statewide with the lowest total operating expenditures per pupil;	49043

(b) Among the twenty per cent of all such community schools	49044
statewide with the highest performance index scores, excluding	49045
such community schools to which section 3314.017 of the Revised	49046
Code applies.	49047

(5) Within the category of STEM schools, the department shall	49048
denote each school that is:	49049

(a) Among the twenty per cent of all STEM schools statewide	49050
with the lowest total operating expenditures per pupil;	49051

(b) Among the twenty per cent of all STEM schools statewide	49052
with the highest performance index scores.	49053

For purposes of divisions (D)(3)(b) and (4)(b) of this	49054
section, the display shall note that, in accordance with section	49055
3314.017 of the Revised Code, a performance index score is not	49056
reported for some community schools that serve primarily students	49057
enrolled in dropout prevention and recovery programs.	49058

(E) The department shall post in a prominent location on its	49059
web site the information prescribed by divisions (C) and (D) of	49060
this section. The department also shall include on each	49061
district's, community school's, and STEM school's annual report	49062
card issued under section 3302.03 or 3314.017 of the Revised Code	49063
the respective information computed for the district or school	49064
under divisions (C)(1) and (4) of this section, the statewide	49065
information computed under division (C)(2) of this section, and	49066
the information computed for the district's or school's category	49067
under division (C)(3) of this section.	49068

(F) As used in this section:

49069

(1) "Internet- or computer-based community school" has the	49070
same meaning as in section 3314.02 of the Revised Code.	49071

(2) A school district's, community school's, or STEM school's	49072
performance index score rank is its performance index score rank	49073
as computed under section 3302.21 of the Revised Code.	49074

(3) "Operating expenditures per pupil" has the same meaning	49075
as "expenditure per equivalent pupils" as defined in section	49076
3302.26 of the Revised Code.	49077

Sec. 3302.21. (A) The department of education shall develop	49078
a system to rank order all city, exempted village, and local	49079
school districts, community schools established under Chapter	49080
3314. of the Revised Code except those community schools to which	49081
section 3314.017 of the Revised Code applies, and STEM schools	49082
established under Chapter 3326. of the Revised Code according to	49083
the following measures:	49084

(1) Performance index score for each school district,	49085
community school, and STEM school and for each separate building	49086
of a district, community school, or STEM school. For districts,	49087
schools, or buildings to which the performance index score does	49088
not apply, the superintendent of public instruction may develop	49089
another measure of student academic performance based on similar	49090
data and performance measures if appropriate and use that measure	49091
to include those buildings in the ranking so that districts,	49092
schools, and buildings may be reliably compared to each other.	49093

(2) Student performance growth from year to year, using the	49094
value-added progress dimension, if applicable, and other measures	49095
of student performance growth designated by the superintendent of	49096
public instruction for subjects and grades not covered by the	49097
value-added progress dimension or the alternative student academic	49098
progress measure if adopted under division (C)(1)(e) of section	49099
3302.03 of the Revised Code;	49100

(3) Current operating expenditures per pupil as determined	49101
under standards adopted by the state board of education under	49102
section 3302.20 of the Revised Code;	49103

(4) Of total current operating expenditures, percentage spent	49104
for classroom instruction as determined under standards adopted by	49105
the state board under section 3302.20 of the Revised Code;	49106

(5) Performance of, and opportunities provided to, students	49107
identified as gifted using value-added progress dimensions, if	49108
applicable, and other relevant measures as designated by the	49109
superintendent of public instruction.	49110

The department shall rank each district, each community	49111
school except a community school to which section 3314.017 of the	49112
Revised Code applies, and each STEM school annually in accordance	49113
with the system developed under this section.	49114

(B) In addition to the reports required by sections 3302.03	49115
and 3302.031 of the Revised Code, not later than the first day of	49116
September each year, the department shall issue a report for each	49117
city, exempted village, and local school district, each community	49118
school except a community school to which section 3314.017 of the	49119
Revised Code applies, and each STEM school indicating the	49120
district's or school's rank on each measure described in divisions	49121
(A)(1) to (4) of this section, including each separate building's	49122
rank among all public school buildings according to performance	49123
index score under division (A)(1) of this section.	49124

(C) As used in this section, "operating expenditures per	49125
pupil" has the same meaning as "expenditure per equivalent pupils"	49126
as defined in section 3302.26 of the Revised Code.	49127

Sec. 3302.22. (A) The governor's effective and efficient	49128
schools recognition program is hereby created. Each year, the	49129
governor shall recognize, in a manner deemed appropriate by the	49130
governor, the top ten per cent of all public schools in this	49131
state, including ~~schools of~~ city, exempted village, and local	49132
school districts, or joint vocational school districts, community	49133
schools established under Chapter 3314. ~~of the Revised Code~~, and	49134
STEM schools established under Chapter 3326. of the Revised Code.	49135

(B) The top ten per cent of schools shall be determined by	49136
the department of education according to standards established by	49137
the department, in consultation with the governor's office of 21st	49138
century education. The standards for recognition for each type of	49139
school may vary depending upon the unique characteristics of that	49140
type of school. The standards shall include, but need not be	49141
limited to, both of the following, provided that sufficient data	49142
is available for each school:	49143

(1) Student performance, as determined by factors ~~including~~	49144
that may include, but not be limited to, performance indicators	49145
under section 3302.02 of the Revised Code, report cards issued	49146
under section 3302.03 of the Revised Code, performance index score	49147
rankings under section 3302.21 of the Revised Code, and any other	49148
statewide or national assessment or student performance	49149
recognition program the department selects;	49150

(2) Fiscal performance, ~~including~~which may include	49151
cost-effective measures taken by the school.	49152

(C) If applicable, the standards under divisions (B)(1) and	49153
(2) of this section may be applied at the school building or	49154
district level, depending upon the quality and availability of	49155
data.	49156

Sec. 3302.26. (A) As used in this section:

49157

(1) "Expenditure per equivalent pupils" is the total	49158
operating expenditures of a school district divided by the measure	49159
of equivalent pupils.	49160

(2) "Measure of equivalent pupils" is the total number of	49161
students in a school district adjusted for the relative	49162
differences in costs associated with the unique characteristics	49163
and needs of each category of pupil.	49164

(B) The department of education shall create a performance	49165
management section on the department's public web site. The	49166
performance management section shall include information on	49167
academic and financial performance metrics for each school	49168
district to assist schools and districts in providing an effective	49169
and efficient delivery of educational services. The section shall	49170
include a graph that illustrates the relationship between a	49171
district's academic performance, as measured by the performance	49172
index score, and its expenditure per equivalent pupils as compared	49173
to similar districts. The section shall include statistics of	49174
academic and financial performance measures for each school	49175
district to allow for a comparison and benchmarking between	49176
districts.	49177

(C) The department may contract with an independent	49178
organization to develop and host the performance management	49179
section of its web site.	49180

Sec. 3303.41. There is hereby created the governor's council	49181
on people with disabilities. The council shall consist of	49182
twenty-one members of which the majority shall be people with	49183
disabilities as defined in this section, appointed by the governor	49184
for a term of three years except that for initial appointments,	49185
seven members shall be appointed for a term of one year, seven	49186
members shall be appointed for a term of two years, and seven	49187
members shall be appointed for a term of three years. Members may	49188
succeed themselves not more than one time. The governor shall	49189
annually appoint a ~~chairman~~chairperson who may succeed himself or	49190
herself not more than one time. Members of the council shall serve	49191
without compensation, but shall be paid the actual and necessary	49192
expenses they incur in the performance of their duties.	49193

The council shall meet at least six times annually at such	49194
times and places as may be designated by the ~~chairman~~chairperson.	49195

The governor's council on people with disabilities shall be	49196
assigned to the ~~rehabilitation services commission~~opportunities	49197
for Ohioans with disabilities agency for administrative purposes.	49198
The ~~administrator~~executive director of the ~~rehabilitation~~	49199
~~services commission~~opportunities for Ohioans with disabilities	49200
agency shall assign one professional staff person to the council	49201
to serve as executive secretary and other personnel as determined	49202
advisable.	49203

The council shall have the following powers:

49204

(A) To cooperate with the president's committee on employment	49205
of the handicapped;	49206

(B) To cooperate with all employers both public and private	49207
in locating or developing employment opportunities for people with	49208
disabilities;	49209

(C) To encourage and assist in the creation of committees at	49210
the community level;	49211

(D) To assist local, state, and federal agencies to	49212
coordinate their activities for the purpose of securing maximum	49213
utilization of funds and efforts that benefit people with	49214
disabilities;	49215

(E) To encourage cooperation among public and private	49216
employers, unions, and rehabilitation agencies, bureaus, and	49217
organizations both public and private with a specific goal to	49218
facilitate employment of people with disabilities;	49219

(F) To serve in an advisory capacity to the governor's office	49220
directly and as needed to the general assembly on issues relating	49221
to the needs, problems, and other concerns of people with	49222
disabilities;	49223

(G) To conduct educational programs to acquaint the public	49224
with the abilities and accomplishments of people with	49225
disabilities;	49226

(H) To promote the elimination of architectural barriers to	49227
make buildings used by the public accessible and useable by	49228
persons with physical limitations;	49229

(I) To make such rules as it determines advisable for the	49230
conduct of its own business.	49231

The council shall annually report to the governor on council	49232
activities and on the state of ~~Ohio's~~the people of this state	49233
with disabilities. This report may include any recommendations	49234
believed necessary or desirable to carry out the purposes of this	49235
section.	49236

As used in this section, "person with a disability" means any	49237
individual who has a disability or condition ~~which~~that,	49238
regardless of its physical or mental origin, imposes a functional	49239
limitation. It	49240

It shall be lawful for any public employee or officer to	49241
serve as a member of the council.	49242

Sec. 3304.11. As used in sections 3304.11 to 3304.27,	49243
~~inclusive,~~ of the Revised Code:	49244

(A) ~~"Handicapped person" or "disabled person"~~"Person with a	49245
disability" means any person with a physical or mental ~~disability~~	49246
~~which~~impairment that is a substantial ~~handicap~~impediment to	49247
employment ~~and which is of a nature that~~who can benefit in terms	49248
of an employment outcome from the provision of vocational	49249
rehabilitation services ~~may reasonably be expected to render him~~	49250
~~fit to engage in a gainful occupation consistent with his~~	49251
~~capacities and abilities, and any person with a physical or mental~~	49252
~~disability that constitutes a substantial handicap to employment~~	49253
~~for whom vocational rehabilitation services are necessary to~~	49254
~~determine his rehabilitation potential~~.	49255

(B) "Physical or mental ~~disability~~impairment" means a	49256
physical or mental condition that materially limits, contributes	49257
to limiting or, if not corrected, will probably result in limiting	49258
a person's activities or functioning.	49259

(C) "Substantial ~~handicap~~impediment to employment" means a	49260
physical or mental disability that impedes a person's occupational	49261
performance, by preventing ~~his~~the person's obtaining, retaining,	49262
or preparing for a gainful occupation consistent with ~~his~~the	49263
person's capacities and abilities.	49264

(D) "Vocational rehabilitation" and "vocational	49265
rehabilitation services" means any activity or service calculated	49266
to enable a ~~handicapped~~ person with a disability or groups of	49267
~~handicapped~~ persons with disabilities to engage in gainful	49268
occupation and includes, but is not limited to, medical and	49269
vocational evaluation, including diagnostic and related services,	49270
vocational counseling, guidance and placement, including follow-up	49271
services, rehabilitation training, including books and other	49272
training materials, physical restoration, recruitment and training	49273
services designed to provide ~~handicapped~~ persons with disabilities	49274
new employment opportunities, maintenance, occupational tools,	49275
equipment, supplies, transportation, services to families of	49276
~~handicapped~~ persons ~~which~~with disabilities that contribute	49277
substantially to the rehabilitation of these persons, and any	49278
other goods or service necessary to render a ~~handicapped~~ person	49279
with a disability employable.	49280

(E) "Establishment of a rehabilitation facility" means the	49281
expansion, remodeling, or alteration of an existing building,	49282
~~which~~that is necessary to adapt or to increase the effectiveness	49283
of that building for rehabilitation facility purposes, the	49284
acquisition of equipment for these purposes, and the initial	49285
staffing.	49286

(F) "Construction" means the construction of new buildings,	49287
acquisition of land or existing buildings and their expansion,	49288
remodeling, alteration and renovation, and the initial staffing	49289
and equipment of any new, newly acquired, expanded, remodeled,	49290
altered, or renovated buildings.	49291

(G) "Physical restoration services" means those services	49292
~~which~~that are necessary to correct or substantially modify within	49293
a reasonable period of time a physical or mental condition ~~which~~	49294
that is stable or slowly progressive.	49295

(H) "Occupational license" means any license, permit, or	49296
other written authority required by any governmental unit in order	49297
to engage in any occupation or business.	49298

(I) "Maintenance" means money payments to ~~disabled~~ persons	49299
with disabilities who need financial assistance for their	49300
subsistence during their vocational rehabilitation.	49301

Sec. 3304.12. (A) The governor, with the advice and consent	49302
of the senate, shall appoint ~~a rehabilitation services~~the	49303
opportunities for Ohioans with disabilities commission within the	49304
opportunities for Ohioans with disabilities agency consisting of	49305
seven members, no more than four of whom shall be members of the	49306
same political party and who shall include at least three from	49307
rehabilitation professions, including at least one member from the	49308
field of services to the blind, and at least four ~~handicapped~~	49309
individuals with disabilities, no less than two nor more than	49310
three of whom have received vocational rehabilitation services	49311
offered by a state vocational rehabilitation agency or the	49312
veterans' administration. ~~Such handicapped~~The members with	49313
disabilities shall be representative of several major categories	49314
of ~~handicapped~~ persons with disabilities served by the ~~commission~~	49315
opportunities for Ohioans with disabilities agency.	49316

(B) ~~Of the members first appointed to the commission, one~~	49317
~~shall be appointed for a term of seven years, one for a term of~~	49318
~~six years, one for a term of five years, one for a term of four~~	49319
~~years, one for a term of three years, one for a term of two years,~~	49320
~~and one for a term of one year. Thereafter, terms~~Terms of office	49321
shall be for seven years, commencing on the ninth day of September	49322
and ending on the eighth day of September, with no person eligible	49323
to serve more than two seven-year terms. Each member shall hold	49324
office from the date of ~~his~~ appointment until the end of the term	49325
for which hethe member was appointed. Any member appointed to	49326
fill a vacancy occurring prior to the expiration of the term for	49327
which ~~his~~the member's predecessor was appointed shall hold office	49328
for the remainder of ~~such~~that term. Any member shall continue in	49329
office subsequent to the expiration date of ~~his~~the member's term	49330
until ~~his~~a successor takes office, or until a period of sixty	49331
days has elapsed, whichever occurs first. ~~Members appointed to the~~	49332
~~commission after September 1, 1977, shall be handicapped~~	49333
~~individuals representing those who have received vocational~~	49334
~~rehabilitation services offered by a state vocational~~	49335
~~rehabilitaion agency or the veterans' administration until the~~	49336
~~commission membership includes at least four such individuals.~~	49337
Members who fail to perform their duties or who are guilty of	49338
misconduct may be removed on written charges preferred by the	49339
governor or by a majority of the commission.	49340

(C) Members of the commission shall be reimbursed for travel	49341
and necessary expenses incurred in the conduct of their duties,	49342
and shall receive an amount fixed pursuant to division (J) of	49343
section 124.15 of the Revised Code while actually engaged in	49344
attendance at meetings or in the performance of their duties.	49345

Sec. 3304.13. The ~~rehabilitation services commission~~	49346
opportunities for Ohioans with disabilities commission shall hold	49347
its first meeting at the call of the governor, and at that	49348
meeting, shall elect one of its members as ~~chairman~~chairperson	49349
and adopt rules governing the time and place of regular meetings,	49350
which shall be held not less than once every four months. Special	49351
meetings shall be held at the call of the ~~chairman~~chairperson or	49352
any three members of the commission. The ~~chairman~~chairperson	49353
shall serve for four years, unless removed earlier by a majority	49354
vote of the commission, and shall be ineligible to serve as	49355
~~chairman~~chairperson during the succeeding four years. Each member	49356
of the commission, before entering upon the duties of office,	49357
shall take and subscribe an oath to uphold the constitution and	49358
laws of the United States and this state and to perform the duties	49359
of office honestly, faithfully, and impartially. Each member shall	49360
give a bond of five thousand dollars, with a sufficient surety	49361
approved by the treasurer of state. After approval, the bond shall	49362
be filed with the secretary of state. If the bond is executed by a	49363
surety company, the premiums on it shall be paid from the funds	49364
appropriated for the expenses of the ~~rehabilitation services~~	49365
~~commission~~opportunities for Ohioans with disabilities agency.	49366

~~Sec. 3304.16.~~ Sec. 3304.14. ~~In carrying out~~For the purposes of	49367
sections 3304.11 to 3304.27 of the Revised Code, the	49368
~~rehabilitation services commission~~opportunities for Ohioans with	49369
disabilities commission shall approve the state vocational	49370
rehabilitation plan, jointly approve the state plan for	49371
independent living with the Ohio state independent living council,	49372
appoint a consumer advisory committee, and, to the extent	49373
feasible, conduct a review and analysis of the effectiveness of	49374
and consumer satisfaction with all of the following:	49375

(A) ~~Shall develop all necessary rules~~The functions performed	49376
by the opportunities for Ohioans with disabilities agency;	49377

(B) ~~Shall prepare and submit to the governor annual reports~~	49378
~~of activities and expenditures and, prior to each first regular~~	49379
~~session of the general assembly, an estimate of sums required to~~	49380
~~carry out the commission's responsibilities~~The vocational	49381
rehabilitation services provided by state agencies and other	49382
public and private entities responsible for providing vocational	49383
rehabilitation services to persons with disabilities under the	49384
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as	49385
amended;	49386

(C) ~~Shall certify any disbursement of funds available to the~~	49387
~~commission for vocational rehabilitation activities;~~	49388

~~(D) Shall serve as the sole state agency designated to~~	49389
~~administer the plan under the "Rehabilitation Act of 1973," 87~~	49390
~~Stat. 355, 29 U.S.C. 701, as amended;~~	49391

~~(E) Shall take appropriate action to guarantee rights of and~~	49392
~~services to handicapped persons;~~	49393

~~(F) Shall consult with and advise other state agencies to~~	49394
~~assist them in meeting the needs of handicapped persons more~~	49395
~~effectively and to achieve maximum coordination among programs for~~	49396
~~the handicapped;~~	49397

~~(G) Shall establish an administrative division of consumer~~	49398
~~affairs and advocacy within the commission to promote and help~~	49399
~~guarantee the rights of handicapped persons;~~	49400

~~(H) Shall maintain an inventory of state services that are~~	49401
~~available to handicapped persons;~~	49402

~~(I) Shall utilize, support, assist, and cooperate with the~~	49403
~~governor's committee on employment of the handicapped;~~	49404

~~(J) May delegate to any officer or employee of the commission~~	49405
~~any necessary powers and duties, except that the commission shall~~	49406
~~delegate to the administrator of the commission, as provided in~~	49407
~~section 3304.14 of the Revised Code, the power and duty to~~	49408
~~administer the daily operation and provision of vocational~~	49409
~~rehabilitation services;~~	49410

~~(K) May take any other necessary or appropriate action for~~	49411
~~cooperation with public and private agencies and organizations~~	49412
~~which may include:~~	49413

~~(1) Reciprocal agreements with other states to provide for~~	49414
~~the vocational rehabilitation of individuals within the states~~	49415
~~concerned;~~	49416

~~(2) Contracts or other arrangements with public and other~~	49417
~~nonprofit agencies and organizations for the construction or~~	49418
~~establishment and operation of vocational rehabilitation programs~~	49419
~~and facilities;~~	49420

~~(3) Cooperative arrangements with the federal government for~~	49421
~~carrying out sections 3304.11 to 3304.27 of the Revised Code, the~~	49422
~~"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.~~	49423
~~31, as amended, or other federal statutes pertaining to vocational~~	49424
~~rehabilitation, and to this end, may adopt plans and methods of~~	49425
~~administration found necessary by the federal government for the~~	49426
~~efficient operation of any joint arrangements or the efficient~~	49427
~~application of any federal statutes;~~	49428

~~(4) Upon the designation of the governor, performing~~	49429
~~functions and services for the federal government relating to~~	49430
~~individuals under a physical or mental disability.~~	49431

~~(L) May take any appropriate action necessary to obtain~~	49432
~~federal funds in the maximum amount and most advantageous~~	49433
~~proportion possible;~~	49434

~~(M) May conduct research and demonstration projects,~~	49435
~~including inquiries concerning the causes of blindness and its~~	49436
~~prevention, provide training and instruction, including the~~	49437
~~establishment and maintenance of research fellowships and~~	49438
~~traineeships along with all necessary stipends and allowances,~~	49439
~~disseminate information, and provide technical assistance relating~~	49440
~~to vocational rehabilitation;~~	49441

~~(N) May plan, establish, and operate programs, facilities,~~	49442
~~and services relating to vocational rehabilitation;~~	49443

~~(O) May accept and hold, invest, reinvest, or otherwise use~~	49444
~~gifts made for the purpose of furthering vocational~~	49445
~~rehabilitation;~~	49446

~~(P) May ameliorate the condition of the aged blind or other~~	49447
~~severely disabled individuals by establishing a program of home~~	49448
~~visitation by commission employees for the purpose of instruction;~~	49449

~~(Q) May establish and manage small business enterprises that~~	49450
~~are operated by persons with a substantial handicap to employment,~~	49451
~~including blind persons;~~	49452

~~(R) May purchase from insurance companies licensed to do~~	49453
~~business in this state any insurance deemed necessary by the~~	49454
~~commission for the efficient operation of a suitable vending~~	49455
~~facility as defined in division (A) of section 3304.28 of the~~	49456
~~Revised Code;~~	49457

~~(S) May accept directly from any state agency, and any state~~	49458
~~agency may transfer directly to the commission, surplus computers~~	49459
~~and computer equipment to be used for any purposes the commission~~	49460
~~considers appropriate, notwithstanding sections 125.12 to 125.14~~	49461
~~of the Revised Code~~The employment outcomes achieved by eligible	49462
individuals receiving services under sections 3304.11 to 3304.27	49463
of the Revised Code, including the availability of health and	49464
other employment benefits in connection with those employment	49465
outcomes.	49466

~~Sec. 3304.14.~~ Sec. 3304.15. (A) There is hereby created the	49467
opportunities for Ohioans with disabilities agency. The agency is	49468
the designated state unit authorized under the "Rehabilitation Act	49469
of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide	49470
vocational rehabilitation to eligible persons with disabilities.	49471

(B) The governor shall appoint an ~~administrator~~executive	49472
director of the ~~rehabilitation services commission~~opportunities	49473
for Ohioans with disabilities agency to serve at the pleasure of	49474
the governor and shall fix the ~~administrator's~~executive	49475
director's compensation. The ~~administrator~~executive director	49476
shall devote the ~~administrator's~~executive director's entire time	49477
to the duties of the ~~administrator's~~executive director's office,	49478
shall hold no other office or position of trust and profit, and	49479
shall engage in no other business during the ~~administrator's~~	49480
executive director's term of office. The governor may grant the	49481
~~administrator~~executive director the authority to appoint, remove,	49482
and discipline without regard to sex, race, creed, color, age, or	49483
national origin, such other professional, administrative, and	49484
clerical staff members as are necessary to carry out the functions	49485
and duties of the ~~commission~~agency.	49486

~~(B)(1)~~The executive director of the opportunities for	49487
Ohioans with disabilities agency is the executive and	49488
administrative officer of the agency. Whenever the Revised Code	49489
imposes a duty on or requires an action of the agency, the	49490
executive director shall perform the duty or action on behalf of	49491
the agency. The executive director may establish procedures for	49492
all of the following:	49493

(1) The governance of the agency;

49494

(2) The conduct of agency employees and officers;

49495

(3) The performance of agency business;

49496

(4) The custody, use, and preservation of agency records,	49497
papers, books, documents, and property.	49498

(C) The ~~administrator~~executive director shall have exclusive	49499
authority to administer the daily operation and provision of	49500
vocational rehabilitation services under this chapter. In	49501
exercising that authority, the executive director may do all of	49502
the following:	49503

(1) Adopt rules in accordance with Chapter 119. of the	49504
Revised Code;	49505

(2) Prepare and submit an annual report to the governor;

49506

(3) Certify any disbursement of funds available to the agency	49507
for vocational rehabilitation activities;	49508

(4) Take appropriate action to guarantee rights of services	49509
to people with disabilities;	49510

(5) Consult with and advise other state agencies and	49511
coordinate programs for persons with disabilities;	49512

(6) Comply with the requirements for match as part of budget	49513
submission;	49514

(7) Establish research and demonstration projects;

49515

(8) Accept, hold, invest, reinvest, or otherwise use gifts to	49516
further vocational rehabilitation;	49517

(9) For the purposes of the business enterprise program	49518
administered under sections 3304.28 to 3304.35 of the Revised	49519
Code:	49520

(a) Establish and manage small business entities owned or	49521
operated by visually impaired persons;	49522

(b) Purchase insurance;

49523

49524

(10) Enter into contracts and other agreements for the	49525
provision of services.	49526

~~(2)~~(D) The ~~administrator~~executive director shall establish a	49527
fee schedule for vocational rehabilitation services in accordance	49528
with 34 C.F.R. 361.50.	49529

~~Sec. 3304.15.~~ Sec. 3304.16. The ~~rehabilitation services commission~~	49530
executive director of the opportunities for Ohioans with	49531
disabilities agency shall establish administrative subdivisions	49532
~~under its control~~ as ~~it determines~~ necessary or appropriate to	49533
carry out ~~its~~the agency's functions and duties, but there shall	49534
be a bureau of services for the visually impaired and a bureau of	49535
vocational rehabilitation, each of which has as its head a deputy	49536
director appointed by the ~~administrator, subject to~~ ~~commission~~	49537
approvalexecutive director. The ~~commission~~executive director	49538
shall prescribe the budgets for the government of each division,	49539
and rules for the conduct of its employees, the performance of its	49540
business, and the custody, use, and preservation of the records,	49541
papers, books, documents, and property pertaining thereto.	49542

Sec. 3304.17. The ~~rehabilitation services commission~~	49543
opportunities for Ohioans with disabilities agency shall provide	49544
vocational rehabilitation services to all eligible ~~handicapped~~	49545
persons with disabilities, including any ~~handicapped~~ person with a	49546
disability who is eligible under the terms of an agreement or	49547
arrangement with another state or with the federal government.	49548

Sec. 3304.18. The treasurer of state shall be the custodian	49549
of all moneys received from the federal government for vocational	49550
rehabilitation programs and shall disburse the money upon the	49551
certification of the ~~rehabilitation services commission~~executive	49552
director of the opportunities for Ohioans with disabilities	49553
agency. If federal funds are not available to the state for	49554
vocational rehabilitation purposes, the governor shall include as	49555
part of ~~his~~the governor's biennial budget request to the general	49556
assembly a request for funds sufficient to support the activities	49557
of the ~~commission~~agency.	49558

Sec. 3304.181. If the total of all funds available from	49559
nonfederal sources to support the activities of the ~~rehabilitation~~	49560
~~services commission~~opportunities for Ohioans with disabilities	49561
agency does not comply with the expenditure requirements of 34	49562
C.F.R. 361.60 and 361.62 for those activities or would cause the	49563
state to lose an allotment or fail to receive a reallotment under	49564
34 C.F.R. 361.65, the ~~commission~~agency may solicit additional	49565
funds from, and enter into agreements for the use of those funds	49566
with, private or public entities, including local government	49567
entities of this state. The ~~commission~~agency may continue to	49568
solicit additional funds and enter into agreements until the total	49569
funding available is sufficient for the ~~commission~~agency to	49570
receive federal funds at the maximum amount and in the most	49571
advantageous proportion possible.	49572

Any agreement entered into between the ~~commission~~agency and	49573
a private or public entity to provide funds under this section	49574
shall be in accordance with 34 C.F.R. 361.28 and section 3304.182	49575
of the Revised Code.	49576

Sec. 3304.182. Any agreement between the ~~rehabilitation~~	49577
~~services commission~~opportunities for Ohioans with disabilities	49578
agency and a private or public entity providing funds under	49579
section 3304.181 of the Revised Code may permit the ~~commission~~	49580
agency to receive a specified percentage of the funds, but the	49581
percentage shall be not more than twenty-five per cent of the	49582
total funds available under the agreement. The ~~commission~~agency	49583
may terminate an agreement at any time for just cause. It may	49584
terminate an agreement for any other reason by giving at least	49585
thirty days' notice to the public or private entity.	49586

Any services provided under an agreement entered into under	49587
section 3304.181 of the Revised Code shall be provided by a person	49588
or government entity that meets the accreditation standards	49589
established in rules adopted by the ~~commission~~agency under	49590
section ~~3304.16~~3304.15 of the Revised Code.	49591

Sec. 3304.19. The right of a ~~handicapped~~ person with a	49592
disability to living maintenance under sections 3304.11 to	49593
3304.27~~, inclusive,~~ of the Revised Code, is not transferable or	49594
assignable at law or in equity, and none of the money paid or	49595
payable or rights existing under this ~~act~~chapter are subject to	49596
execution, levy, attachment, garnishment, or other legal process,	49597
or to the operation of any bankruptcy or insolvency law.	49598

Sec. 3304.20. Any person applying for or receiving	49599
vocational rehabilitation services who is dissatisfied with regard	49600
to the furnishing or denial of services, may file a request for an	49601
administrative review and redetermination of that action in	49602
accordance with rules of the ~~rehabilitation services commission~~	49603
opportunities for Ohioans with disabilities agency. When the	49604
person is dissatisfied with the finding of this administrative	49605
review, hethe person is entitled, in accordance with ~~commission~~	49606
agency rules and in accordance with Chapter 119. of the Revised	49607
Code, to a fair hearing before the ~~administrator~~executive	49608
director of the ~~rehabilitation services commission~~agency.	49609

Sec. 3304.21. No person shall, except for the purposes of	49610
sections 3304.11 to 3304.27~~, inclusive,~~ of the Revised Code, and	49611
in accordance with the rules established by the ~~rehabilitation~~	49612
~~services commission~~opportunities for Ohioans with disabilities	49613
agency, solicit, disclose, receive, make use of, authorize,	49614
knowingly permit, participate in, or acquiesce in the use of any	49615
list of names or information concerning persons applying for or	49616
receiving any services from the ~~commission~~agency, which	49617
information is directly or indirectly derived from the records of	49618
the agency or is acquired in the performance of the person's	49619
official duties.	49620

Sec. 3304.22. No officer or employee of the ~~rehabilitation~~	49621
~~services~~opportunities for Ohioans with disabilities commission,	49622
the opportunities for Ohioans with disabilities agency, or any	49623
person engaged in the administration of a vocational	49624
rehabilitation program sponsored by or affiliated with the state	49625
shall use or permit the use of any vocational rehabilitation	49626
program for the purpose of interfering with an election for any	49627
partisan political purpose; solicit or receive money for a	49628
partisan political purpose; or require any other person to	49629
contribute any service or money for a partisan political purpose.	49630
Whoever violates this section shall be removed from ~~his~~the	49631
officer's or employee's office or employment.	49632

Sec. 3304.25. The members of the ~~bureau~~consumer advisory	49633
~~committees~~committee appointed under section 3304.14 of the	49634
Revised Code shall receive no compensation for their services	49635
except their actual and necessary traveling and other expenses	49636
incurred in the performance of their official duties, which shall	49637
first be approved by the ~~administrator~~executive director of the	49638
~~rehabilitation services commission~~opportunities for Ohioans with	49639
disabilities agency.	49640

Sec. 3304.27. All vocational rehabilitation services made	49641
available under sections 3304.11 to 3304.27~~, inclusive,~~ of the	49642
Revised Code, are made available subject to amendment or repeal of	49643
those sections ~~3304.11 to 3304.27, inclusive, of the Revised Code~~,	49644
and no ~~disabled~~ person with a disability shall have any claim by	49645
reason of ~~his~~the person's vocational rehabilitation being	49646
affected in any way by such an amendment or repeal.	49647

Sec. 3304.28. As used in sections 3304.28 to 3304.34 of the	49648
Revised Code:	49649

(A) "Suitable vending facility" means automatic vending	49650
machines, cafeterias, snack bars, cart service shelters, counters,	49651
and other appropriate auxiliary food service equipment determined	49652
to be necessary by the bureau of services for the visually	49653
impaired for the automatic or manual dispensing of foods,	49654
beverages, and other such commodities for sale by persons, no	49655
fewer than one-half of whom are blind, under the supervision of a	49656
licensed blind vendor or an employee of the ~~commission~~	49657
opportunities for Ohioans with disabilities agency.	49658

(B) "Blind" means either of the following:

49659

(1) Vision twenty/two hundred or less in the better eye with	49660
proper correction;	49661

(2) Field defect in the better eye with proper correction	49662
~~which~~that contracts the peripheral field so that the diameter of	49663
the visual field subtends an angle no greater than twenty degrees.	49664

(C) "Governmental property" means any real property,	49665
building, or facility owned, leased, or rented by the state or any	49666
board, commission, department, division, or other unit or agency	49667
thereof, but does not include any institution under the management	49668
of the department of rehabilitation and correction pursuant to	49669
section 5120.05 of the Revised Code, or under the management of	49670
the department of youth services created pursuant to section	49671
5139.01 of the Revised Code.	49672

Sec. 3304.41. The ~~rehabilitation services commission~~	49673
opportunities for Ohioans with disabilities agency shall establish	49674
and administer a program for the use of funds appropriated for	49675
that purpose to provide personal care assistance to enable	49676
eligible severely physically disabled persons to live	49677
independently or work, shall adopt rules in accordance with	49678
Chapter 119. of the Revised Code as necessary to carry out the	49679
purposes of this section, and shall apply to the controlling board	49680
for the release of the funds.	49681

Sec. 3305.03. (A) The Ohio board of regents shall designate	49682
the entities that are eligible to provide investment options under	49683
alternative retirement plans maintained by public institutions of	49684
higher education. The board shall accept and review applications	49685
from entities seeking designation as a vendor. The board shall not	49686
designate an entity as a vendor unless the entity meets the	49687
requirements described in division (B) of this section.	49688

(B) To be eligible for designation as a vendor, an entity	49689
must meet both of the following requirements:	49690

(1) The entity must be authorized to conduct business in this	49691
state with regard to the investment options to be offered under an	49692
alternative retirement plan maintained by a public institution of	49693
higher education.	49694

(2) The entity must ~~offer~~meet one of the following	49695
requirements:	49696

(a) Have provided investment options for not less than ten	49697
years under alternative retirement plans maintained by public	49698
institutions of higher education in this state;	49699

(b) Offer the same or similar investment options under	49700
alternative retirement plans, optional retirement plans, or	49701
similar types of plans with respect to which all of the following	49702
apply:	49703

~~(a)~~(i) The plans are defined contribution plans that are	49704
qualified plans under Internal Revenue Code 401(a) or 403(b).	49705

~~(b)~~(ii) The plans are maintained by institutions of higher	49706
education in at least ten other states.	49707

~~(c)~~(iii) The plans are established as primary retirement	49708
plans that are alternatives to or a component of the applicable	49709
state retirement system.	49710

(C) In determining whether to designate an entity as a	49711
vendor, the board of regents shall identify, consider, and	49712
evaluate all of the following:	49713

(1) The experience of the entity in providing in this state	49714
or other states investment options under alternative retirement	49715
plans, optional retirement plans, or similar types of plans that	49716
meet the requirements of division (B)(2)(a) or (b) of this	49717
section, as applicable;	49718

(2) The potential effectiveness of the entity in recruiting	49719
eligible employees to select that entity for purposes of	49720
participating in an alternative retirement plan and in retaining	49721
those employees' accounts;	49722

(3) Whether the entity intends to offer a broad range of	49723
investment options to the electing employees;	49724

(4) The suitability of the investment options to the needs	49725
and interests of the electing employees and their beneficiaries;	49726

(5) The capability of the entity to offer sufficient	49727
information to the electing employees and their beneficiaries to	49728
make informed decisions with regard to investment options offered	49729
by the entity;	49730

(6) The capability of the entity to perform in a manner that	49731
is in the best interests of the electing employees and their	49732
beneficiaries;	49733

(7) The fees and expenses associated with the entity's	49734
investment options and the manner in which the entity intends to	49735
disclose those fees and expenses;	49736

(8) The rights and benefits to be provided under the	49737
investment options;	49738

(9) The capability of the entity to provide the rights and	49739
benefits under the investment options;	49740

(10) Comments submitted by a public institution of higher	49741
education under section 3305.031 of the Revised Code;	49742

(11) Any other matters the board of regents considers	49743
relevant.	49744

(D) The board of regents shall conduct periodic reviews of	49745
each entity designated as a vendor and the investment options	49746
being offered to ensure that the requirements and purposes of this	49747
chapter are being met. The reviews of a vendor shall occur not	49748
less frequently than once every three years.	49749

If it finds that the vendor is not in compliance with the	49750
requirements of this chapter or the vendor is not satisfactorily	49751
meeting the purposes of this chapter, the board shall rescind the	49752
vendor's designation.	49753

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	49754
Code, designation of a vendor or the execution of any agreement	49755
under this chapter is not subject to competitive bidding under	49756
those sections.	49757

Sec. 3307.51. (A) The state teachers retirement board shall	49758
have prepared annually by or under the supervision of an actuary	49759
an actuarial valuation of the pension assets, liabilities, and	49760
funding requirements of the STRS defined benefit plan. The actuary	49761
shall complete the valuation in accordance with actuarial	49762
standards of practice promulgated by the actuarial standards board	49763
of the American academy of actuaries and prepare a report of the	49764
valuation. The report shall include all of the following:	49765

(1) A summary of the benefit provisions evaluated;

49766

(2) A summary of the census data and financial information	49767
used in the valuation;	49768

(3) A description of the actuarial assumptions, actuarial	49769
cost method, and asset valuation method used in the valuation,	49770
including a statement of the assumed rate of payroll growth and	49771
assumed rate of growth or decline in the number of members	49772
contributing to the retirement system;	49773

(4) A summary of findings that includes a statement of the	49774
actuarial accrued pension liabilities and unfunded actuarial	49775
accrued pension liabilities;	49776

(5) A schedule showing the effect of any changes in the	49777
benefit provisions, actuarial assumptions, or cost methods since	49778
the last annual actuarial valuation;	49779

(6) A statement of whether contributions to the retirement	49780
system are expected to be sufficient to satisfy the funding	49781
objectives established by the board.	49782

The board shall submit the report to the Ohio retirement	49783
study council, the director of budget and management, and the	49784
standing committees of the house of representatives and the senate	49785
with primary responsibility for retirement legislation immediately	49786
upon its availability and not later than the first day of January	49787
following the year for which the valuation was made.	49788

(B) At such times as the state teachers retirement board	49789
determines, and at least once in each quinquennial period, the	49790
board shall have prepared by or under the supervision of an	49791
actuary an actuarial investigation of the mortality, service, and	49792
other experience of the members, retirants, and beneficiaries of	49793
the system, and other system retirants as defined in section	49794
3307.35 of the Revised Code to update the actuarial assumptions	49795
used in the actuarial valuation required by division (A) of this	49796
section. The actuary shall prepare a report of the actuarial	49797
investigation. The report shall be prepared and any recommended	49798
changes in actuarial assumptions shall be made in accordance with	49799
the actuarial standards of practice promulgated by the actuarial	49800
standards board of the American academy of actuaries. The report	49801
shall include all of the following:	49802

(1) A summary of relevant decrement and economic assumption	49803
experience observed over the period of the investigation;	49804

(2) Recommended changes in actuarial assumptions to be used	49805
in subsequent actuarial valuations required by division (A) of	49806
this section;	49807

(3) A measurement of the financial effect of the recommended	49808
changes in actuarial assumptions.	49809

The board shall submit the report to the Ohio retirement	49810
study council and the standing committees of the house of	49811
representatives and the senate with primary responsibility for	49812
retirement legislation not later than the first day of May	49813
following the last fiscal year of the period the report covers.	49814

(C) The board may at any time request the actuary to make any	49815
other studies or actuarial valuations to determine the adequacy of	49816
the normal and deficiency rates of contribution provided by	49817
section 3307.28 of the Revised Code, and those rates may be	49818
adjusted by the board, as recommended by the actuary, effective as	49819
of the first of any year thereafter.	49820

(D) The board shall have prepared by or under the supervision	49821
of an actuary an actuarial analysis of any introduced legislation	49822
expected to have a measurable financial impact on the retirement	49823
system. The actuarial analysis shall be completed in accordance	49824
with the actuarial standards of practice promulgated by the	49825
actuarial standards board of the American academy of actuaries.	49826
The actuary shall prepare a report of the actuarial analysis,	49827
which shall include all of the following:	49828

(1) A summary of the statutory changes that are being	49829
evaluated;	49830

(2) A description of or reference to the actuarial	49831
assumptions and actuarial cost method used in the report;	49832

(3) A description of the participant group or groups included	49833
in the report;	49834

(4) A statement of the financial impact of the legislation,	49835
including the resulting increase, if any, in the employer normal	49836
cost percentage; the increase, if any, in actuarial accrued	49837
liabilities; and the per cent of payroll that would be required to	49838
amortize the increase in actuarial accrued liabilities as a level	49839
per cent of covered payroll for all active members over a period	49840
not to exceed thirty years;	49841

(5) A statement of whether the scheduled contributions to the	49842
system after the proposed change is enacted are expected to be	49843
sufficient to satisfy the funding objectives established by the	49844
board.	49845

Not later than sixty days from the date of introduction of	49846
the legislation, the board shall submit a copy of the actuarial	49847
analysis to the legislative service commission, the standing	49848
committees of the house of representatives and the senate with	49849
primary responsibility for retirement legislation, and the Ohio	49850
retirement study council.	49851

(E) The board shall have prepared annually a report giving a	49852
full accounting of the revenues and costs relating to the	49853
provision of benefits under section 3307.39 of the Revised Code.	49854
The report shall be made as of June 30, 1997, and the thirtieth	49855
day of June of each year thereafter. The report shall include the	49856
following:	49857

(1) A description of the statutory authority for the benefits	49858
provided;	49859

(2) A summary of the benefits;

49860

(3) A summary of the eligibility requirements for the	49861
benefits;	49862

(4) A statement of the number of participants eligible for	49863
the benefits;	49864

(5) A description of the accounting, asset valuation, and	49865
funding method used to provide the benefits;	49866

(6) A statement of the net assets available for the	49867
provisions of benefits as of the last day of the fiscal year;	49868

(7) A statement of any changes in the net assets available	49869
for the provision of benefits, including participant and employer	49870
contributions, net investment income, administrative expenses, and	49871
benefits provided to participants, as of the last day of the	49872
fiscal year;	49873

(8) For the last six consecutive fiscal years, a schedule of	49874
the net assets available for the benefits, the annual cost of	49875
benefits, administrative expenses incurred, and annual employer	49876
contributions allocated for the provision of benefits;	49877

(9) A description of any significant changes that affect the	49878
comparability of the report required under this division;	49879

(10) A statement of the amount paid under division (B) of	49880
section 3307.39 of the Revised Code.	49881

The board shall submit the report to the Ohio retirement	49882
study council, the director of budget and management, and the	49883
standing committees of the house of representatives and the senate	49884
with primary responsibility for retirement legislation immediately	49885
upon its availability and not later than the thirty-first day of	49886
December following the year for which the report was made.	49887

Sec. 3309.21. (A) The school employees retirement board	49888
shall have prepared annually by or under the supervision of an	49889
actuary an actuarial valuation of the pension assets, liabilities,	49890
and funding requirements of the school employees retirement system	49891
as established pursuant to this chapter. The actuary shall	49892
complete the valuation in accordance with actuarial standards of	49893
practice promulgated by the actuarial standards board of the	49894
American academy of actuaries and prepare a report of the	49895
valuation. The report shall include all of the following:	49896

(1) A summary of the benefit provisions evaluated;

49897

(2) A summary of the census data and financial information	49898
used in the valuation;	49899

(3) A description of the actuarial assumptions, actuarial	49900
cost method, and asset valuation method used in the valuation,	49901
including a statement of the assumed rate of payroll growth and	49902
assumed rate of growth or decline in the number of members	49903
contributing to the retirement system;	49904

(4) A summary of findings that includes a statement of the	49905
actuarial accrued pension liabilities and unfunded actuarial	49906
accrued pension liabilities;	49907

(5) A schedule showing the effect of any changes in the	49908
benefit provisions, actuarial assumptions, or cost methods since	49909
the last annual actuarial valuation;	49910

(6) A statement of whether contributions to the retirement	49911
system are expected to be sufficient to satisfy the funding	49912
objectives established by the board.	49913

The board shall submit the report to the Ohio retirement	49914
study council, the director of budget and management, and the	49915
standing committees of the house of representatives and the senate	49916
with primary responsibility for retirement legislation immediately	49917
upon its availability and not later than the first day of May	49918
following the year for which the valuation was made.	49919

(B) At such times as the school employees retirement board	49920
determines, and at least once in each quinquennial period, the	49921
board shall have prepared by or under the supervision of an	49922
actuary an actuarial investigation of the mortality, service, and	49923
other experience of the members, retirants, and beneficiaries of	49924
the retirement system, and SERS retirants and other system	49925
retirants as defined in section 3309.341 of the Revised Code to	49926
update the actuarial assumptions used in the actuarial valuation	49927
required by division (A) of this section. The actuary shall	49928
prepare a report of the actuarial investigation. The report shall	49929
be prepared and any recommended changes in actuarial assumptions	49930
shall be made in accordance with the actuarial standards of	49931
practice promulgated by the actuarial standards board of the	49932
American academy of actuaries. The report shall include all of the	49933
following:	49934

(1) A summary of relevant decrement and economic assumption	49935
experience observed over the period of the investigation;	49936

(2) Recommended changes in actuarial assumptions to be used	49937
in subsequent actuarial valuations required by division (A) of	49938
this section;	49939

(3) A measurement of the financial effect of the recommended	49940
changes in actuarial assumptions.	49941

The board shall submit the report to the Ohio retirement	49942
study council and the standing committees of the house of	49943
representatives and the senate with primary responsibility for	49944
retirement legislation not later than the first day of May	49945
following the last fiscal year of the period the report covers.	49946

(C) The board may at any time request the actuary to make any	49947
studies or actuarial valuations to determine the adequacy of the	49948
rates of contribution as provided by section 3309.49 of the	49949
Revised Code, and those rates may be adjusted by the board, as	49950
recommended by the actuary, effective as of the first of any year	49951
thereafter.	49952

(D) The board shall have prepared by or under the supervision	49953
of an actuary an actuarial analysis of any introduced legislation	49954
expected to have a measurable financial impact on the retirement	49955
system. The actuarial analysis shall be completed in accordance	49956
with the actuarial standards of practice promulgated by the	49957
actuarial standards board of the American academy of actuaries.	49958
The actuary shall prepare a report of the actuarial analysis,	49959
which shall include all of the following:	49960

(1) A summary of the statutory changes that are being	49961
evaluated;	49962

(2) A description of or reference to the actuarial	49963
assumptions and actuarial cost method used in the report;	49964

(3) A description of the participant group or groups included	49965
in the report;	49966

(4) A statement of the financial impact of the legislation,	49967
including the resulting increase, if any, in the employer normal	49968
cost percentage; the increase, if any, in actuarial accrued	49969
liabilities; and the per cent of payroll that would be required to	49970
amortize the increase in actuarial accrued liabilities as a level	49971
per cent of covered payroll for all active members over a period	49972
not to exceed thirty years;	49973

(5) A statement of whether the scheduled contributions to the	49974
system after the proposed change is enacted are expected to be	49975
sufficient to satisfy the funding objectives established by the	49976
board.	49977

Not later than sixty days from the date of introduction of	49978
the legislation, the board shall submit a copy of the actuarial	49979
analysis to the legislative service commission, the standing	49980
committees of the house of representatives and the senate with	49981
primary responsibility for retirement legislation, and the Ohio	49982
retirement study council.	49983

(E) The board shall have prepared annually a report giving a	49984
full accounting of the revenues and costs relating to the	49985
provision of benefits under sections 3309.375 and 3309.69 of the	49986
Revised Code. The report shall be made as of June 30, 1997, and	49987
the thirtieth day of June of each year thereafter. The report	49988
shall include the following:	49989

(1) A description of the statutory authority for the benefits	49990
provided;	49991

(2) A summary of the benefits;

49992

(3) A summary of the eligibility requirements for the	49993
benefits;	49994

(4) A statement of the number of participants eligible for	49995
the benefits;	49996

(5) A description of the accounting, asset valuation, and	49997
funding method used to provide the benefits;	49998

(6) A statement of the net assets available for the provision	49999
of the benefits as of the last day of the fiscal year;	50000

(7) A statement of any changes in the net assets available	50001
for the provision of benefits, including participant and employer	50002
contributions, net investment income, administrative expenses, and	50003
benefits provided to participants, as of the last day of the	50004
fiscal year;	50005

(8) For the last six consecutive fiscal years, a schedule of	50006
the net assets available for the benefits, the annual cost of	50007
benefits, administrative expenses incurred, and annual employer	50008
contributions allocated for the provision of benefits;	50009

(9) A description of any significant changes that affect the	50010
comparability of the report required under this division;	50011

(10) A statement of the amount paid under division (E) of	50012
section 3309.69 of the Revised Code.	50013

The board shall submit the report to the Ohio retirement	50014
study council, the director of budget and management, and the	50015
standing committees of the house of representatives and the senate	50016
with primary responsibility for retirement legislation immediately	50017
upon its availability and not later than the thirty-first day of	50018
December following the year for which the report was made.	50019

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	50020
Revised Code:	50021

(A) "Chartered nonpublic school" means a nonpublic school	50022
that holds a valid charter issued by the state board of education	50023
under section 3301.16 of the Revised Code and meets the standards	50024
established for such schools in rules adopted by the state board.	50025

(B) An "eligible student" is a student who satisfies the	50026
conditions specified in section 3310.03 or 3310.032 of the Revised	50027
Code.	50028

(C) "Parent" has the same meaning as in section 3313.98 of	50029
the Revised Code.	50030

(D) "Resident district" means the school district in which a	50031
student is entitled to attend school under section 3313.64 or	50032
3313.65 of the Revised Code.	50033

(E) "School year" has the same meaning as in section 3313.62	50034
of the Revised Code.	50035

Sec. 3310.02. (A) The educational choice scholarship pilot	50036
program is hereby established. Under the program, the department	50037
of education annually shall pay scholarships to attend chartered	50038
nonpublic schools in accordance with section 3310.08 of the	50039
Revised Code for up to the following number of eligible students:	50040

(1) Thirty thousand in the 2011-2012 school year;

50041

(2) Sixty thousand in the 2012-2013 school year and	50042
thereafter.	50043

(B) If the number of students who apply for a scholarship	50044
exceeds the number of scholarships available under division (A) of	50045
this section for the applicable school year, the department shall	50046
award scholarships in the following order of priority:	50047

(1) First, to eligible students who received scholarships in	50048
the prior school year;	50049

(2) Second, to eligible students with family incomes at or	50050
below two hundred per cent of the federal poverty guidelines, as	50051
defined in section 5101.46 of the Revised Code, who qualify under	50052
division (A) of section 3310.03 of the Revised Code. If the number	50053
of students described in division (B)(2) of this section who apply	50054
for a scholarship exceeds the number of available scholarships	50055
after awards are made under division (B)(1) of this section, the	50056
department shall select students described in division (B)(2) of	50057
this section by lot to receive any remaining scholarships.	50058

(3) Third, to other eligible students who qualify under	50059
division (A) of section 3310.03 of the Revised Code. If the number	50060
of students described in division (B)(3) of this section who apply	50061
for a scholarship exceeds the number of available scholarships	50062
after awards are made under divisions (B)(1) and (2) of this	50063
section, the department shall select students described in	50064
division (B)(3) of this section by lot to receive any remaining	50065
scholarships.	50066

(4) Fourth, to eligible students with family incomes at or	50067
below two hundred per cent of the federal poverty guidelines who	50068
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	50069
Code. If the number of students described in division (B)(4) of	50070
this section who apply for a scholarship exceeds the number of	50071
available scholarships after awards are made under divisions	50072
(B)(1) to (3) of this section, the department shall select	50073
students described in division (B)(4) of this section by lot to	50074
receive any remaining scholarships.	50075

(5) Fifth, to other eligible students who qualify under	50076
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	50077
number of students described in division (B)(5) of this section	50078
who apply for a scholarship exceeds the number of available	50079
scholarships after awards are made under divisions (B)(1) to (4)	50080
of this section, the department shall select students described in	50081
division (B)(5) of this section by lot to receive any remaining	50082
scholarships.	50083

(6) Sixth, to eligible students with family incomes at or	50084
below two hundred per cent of the federal poverty guidelines who	50085
qualify under division (B) of section 3310.03 of the Revised Code.	50086
If the number of students described in division (B)(6) of this	50087
section who apply for a scholarship exceeds the number of	50088
available scholarships after awards are made under divisions	50089
(B)(1) to (5) of this section, the department shall select	50090
students described in division (B)(6) of this section by lot to	50091
receive any remaining scholarships.	50092

(7) Seventh, to other eligible students who qualify under	50093
division (B) of section 3310.03 of the Revised Code. If the number	50094
of students described in division (B)(7) of this section who apply	50095
for a scholarship exceeds the number of available scholarships	50096
after awards are made under divisions (B)(1) to (6) of this	50097
section, the department shall select students described in	50098
division (B)(7) of this section by lot to receive any remaining	50099
scholarships.	50100

Sec. 3310.03. A student is an "eligible student" for	50101
purposes of the educational choice scholarship pilot program if	50102
the student's resident district is not a school district in which	50103
the pilot project scholarship program is operating under sections	50104
3313.974 to 3313.979 of the Revised Code and the student satisfies	50105
one of the conditions in division (A), (B), or (C), or (D) of this	50106
section:	50107

(A)(1) The student is enrolled in a school building operated	50108
by the student's resident district that, on the report card issued	50109
under section 3302.03 of the Revised Code published prior to the	50110
first day of July of the school year for which a scholarship is	50111
sought, did not receive a rating as described in division ~~(G)~~(H)	50112
of this section, and to which any or a combination of any of the	50113
following apply for two of the three most recent report cards	50114
published prior to the first day of July of the school year for	50115
which a scholarship is sought:	50116

(a) The building was declared to be in a state of academic	50117
emergency or academic watch under section 3302.03 of the Revised	50118
Code as that section existed prior to ~~the effective date of this~~	50119
~~amendment~~March 22, 2013.	50120

(b) The building received a grade of "D" or "F" for the	50121
performance index score under division (A)(1)(b) or (B)(1)(b) of	50122
section 3302.03 of the Revised Code and for the value-added	50123
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50124
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	50125
school year, or both; or if the building serves only grades ten	50126
through twelve, the building received a grade of "D" or "F" for	50127
the performance index score under division (A)(1)(b) or (B)(1)(b)	50128
of section 3302.03 of the Revised Code and had a four-year	50129
adjusted cohort graduation rate of less than seventy-five per	50130
cent.	50131

(c) The building received an overall grade of "D" or "F"	50132
under division (C)(3) of section 3302.03 of the Revised Code or a	50133
grade of "F" for the value-added progress dimension under division	50134
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50135
school year or any school year thereafter.	50136

(2) The student ~~is eligible to enroll in kindergarten~~will be	50137
enrolling in school in this state for the first time in the school	50138
year for which a scholarship is sought, will be at least five	50139
years of age by the first day of January of the school year for	50140
which a scholarship is sought, and otherwise would be assigned	50141
under section 3319.01 of the Revised Code in the school year for	50142
which a scholarship is sought, to a school building described in	50143
division (A)(1) of this section.	50144

(3) The student is enrolled in a community school established	50145
under Chapter 3314. of the Revised Code but otherwise would be	50146
assigned under section 3319.01 of the Revised Code to a building	50147
described in division (A)(1) of this section.	50148

(4) The student is enrolled in a school building operated by	50149
the student's resident district or in a community school	50150
established under Chapter 3314. of the Revised Code and otherwise	50151
would be assigned under section 3319.01 of the Revised Code to a	50152
school building described in division (A)(1) of this section in	50153
the school year for which the scholarship is sought.	50154

(5) The student ~~is eligible to enroll in kindergarten in~~will	50155
be both enrolling in school in this state for the first time and	50156
at least five years of age by the first day of January of the	50157
school year for which a scholarship is sought, or is enrolled in a	50158
community school established under Chapter 3314. of the Revised	50159
Code, and all of the following apply to the student's resident	50160
district:	50161

(a) The district has in force an intradistrict open	50162
enrollment policy under which no student in ~~kindergarten or~~ the	50163
~~community school~~ student's grade level~~, respectively,~~ is	50164
automatically assigned to a particular school building;	50165

(b) In the most recent rating published prior to the first	50166
day of July of the school year for which scholarship is sought,	50167
the district did not receive a rating described in division ~~(G)~~(H)	50168
of this section, and in at least two of the three most recent	50169
report cards published prior to the first day of July of that	50170
school year, any or a combination of the following apply to the	50171
district:	50172

(i) The district was declared to be in a state of academic	50173
emergency under section 3302.03 of the Revised Code as it existed	50174
prior to ~~the effective date of this amendment~~March 22, 2013.	50175

(ii) The district received a grade of "D" or "F" for the	50176
performance index score under division (A)(1)(b) or (B)(1)(b) of	50177
section 3302.03 of the Revised Code and for the value-added	50178
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50179
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	50180
school year, or both.	50181

(c) The district received an overall grade of "D" or "F"	50182
under division (C)(3) of section 3302.03 of the Revised Code or a	50183
grade of "F" for the value-added progress dimension under division	50184
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50185
school year or any school year thereafter.	50186

(B)(1) The student is enrolled in a school building operated	50187
by the student's resident district and to which both of the	50188
following apply:	50189

(a) The building was ranked, for at least two of the three	50190
most recent rankings published under section 3302.21 of the	50191
Revised Code prior to the first day of July of the school year for	50192
which a scholarship is sought, in the lowest ten per cent of all	50193
public school buildings according to performance index score under	50194
section 3302.21 of the Revised Code.	50195

(b) The building was not declared to be excellent or	50196
effective, or the equivalent of such ratings as determined by the	50197
department of education, under section 3302.03 of the Revised Code	50198
in the most recent rating published prior to the first day of July	50199
of the school year for which a scholarship is sought.	50200

(2) The student ~~is eligible to enroll in kindergarten~~will be	50201
enrolling in school in this state for the first time in the school	50202
year for which a scholarship is sought, will be at least five	50203
years of age, as defined in section 3321.01 of the Revised Code,	50204
by the first day of January of the school year for which a	50205
scholarship is sought, and otherwise would be assigned under	50206
section 3319.01 of the Revised Code in the school year for which a	50207
scholarship is sought, to a school building described in division	50208
(B)(1) of this section.	50209

(3) The student is enrolled in a community school established	50210
under Chapter 3314. of the Revised Code but otherwise would be	50211
assigned under section 3319.01 of the Revised Code to a building	50212
described in division (B)(1) of this section.	50213

(4) The student is enrolled in a school building operated by	50214
the student's resident district or in a community school	50215
established under Chapter 3314. of the Revised Code and otherwise	50216
would be assigned under section 3319.01 of the Revised Code to a	50217
school building described in division (B)(1) of this section in	50218
the school year for which the scholarship is sought.	50219

(C) The student is enrolled in a nonpublic school at the time	50220
the school is granted a charter by the state board of education	50221
under section 3301.16 of the Revised Code and the student meets	50222
the standards of division (B) of section 3310.031 of the Revised	50223
Code.	50224

(D) For the 2016-2017 school year and each school year	50225
thereafter, the student is in any of grades kindergarten through	50226
three, is enrolled in a school building that is operated by the	50227
student's resident district or will be enrolling in school in this	50228
state for the first time in the school year for which a	50229
scholarship is sought, and to which both of the following apply:	50230

(1) The building, in at least two of the three most recent	50231
ratings of school buildings published prior to the first day of	50232
July of the school year for which a scholarship is sought,	50233
received a grade of "D" or "F" for making progress in improving	50234
literacy in grades kindergarten through three under division	50235
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	50236

(2) The building did not receive a grade of "A" for making	50237
progress in improving literacy in grades kindergarten through	50238
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	50239
the Revised Code in the most recent rating published prior to the	50240
first day of July of the school year for which a scholarship is	50241
sought.	50242

(E) A student who receives a scholarship under the	50243
educational choice scholarship pilot program remains an eligible	50244
student and may continue to receive scholarships in subsequent	50245
school years until the student completes grade twelve, so long as	50246
all of the following apply:	50247

(1) The student's resident district remains the same, or the	50248
student transfers to a new resident district and otherwise would	50249
be assigned in the new resident district to a school building	50250
described in division (A)(1) or, (B)(1), or (D) of this section;	50251

(2) The student takes each assessment prescribed for the	50252
student's grade level under section 3301.0710 or 3301.0712 of the	50253
Revised Code while enrolled in a chartered nonpublic school;	50254

(3) In each school year that the student is enrolled in a	50255
chartered nonpublic school, the student is absent from school for	50256
not more than twenty days that the school is open for instruction,	50257
not including excused absences.	50258

~~(E)~~(F)(1) The department shall cease awarding first-time	50259
scholarships pursuant to divisions (A)(1) to (4) of this section	50260
with respect to a school building that, in the most recent ratings	50261
of school buildings published under section 3302.03 of the Revised	50262
Code prior to the first day of July of the school year, ceases to	50263
meet the criteria in division (A)(1) of this section. The	50264
department shall cease awarding first-time scholarships pursuant	50265
to division (A)(5) of this section with respect to a school	50266
district that, in the most recent ratings of school districts	50267
published under section 3302.03 of the Revised Code prior to the	50268
first day of July of the school year, ceases to meet the criteria	50269
in division (A)(5) of this section.	50270

(2) The department shall cease awarding first-time	50271
scholarships pursuant to divisions (B)(1) to (4) of this section	50272
with respect to a school building that, in the most recent ratings	50273
of school buildings under section 3302.03 of the Revised Code	50274
prior to the first day of July of the school year, ceases to meet	50275
the criteria in division (B)(1) of this section.	50276

(3) The department shall cease awarding first-time	50277
scholarships pursuant to division (D) of this section with respect	50278
to a school building that, in the most recent ratings of school	50279
buildings under section 3302.03 of the Revised Code prior to the	50280
first day of July of the school year, ceases to meet the criteria	50281
in division (D) of this section.	50282

(4) However, students who have received scholarships in the	50283
prior school year remain eligible students pursuant to division	50284
~~(D)~~(E) of this section.	50285

~~(F)~~(G) The state board of education shall adopt rules	50286
defining excused absences for purposes of division ~~(D)~~(E)(3) of	50287
this section.	50288

~~(G)~~(H)(1) A student who satisfies only the conditions	50289
prescribed in divisions (A)(1) to (4) of this section shall not be	50290
eligible for a scholarship if the student's resident building	50291
meets any of the following in the most recent rating under section	50292
3302.03 of the Revised Code published prior to the first day of	50293
July of the school year for which a scholarship is sought:	50294

(a) The building has an overall designation of excellent or	50295
effective under section 3302.03 of the Revised Code as it existed	50296
prior to ~~the effective date of this amendment~~March 22, 2013.	50297

(b) For the 2012-2013 or 2013-2014 school year or both, the	50298
building has a grade of "A" or "B" for the performance index score	50299
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	50300
Revised Code and for the value-added progress dimension under	50301
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	50302
Code; or if the building serves only grades ten through twelve,	50303
the building received a grade of "A" or "B" for the performance	50304
index score under division (A)(1)(b) or (B)(1)(b) of section	50305
3302.03 of the Revised Code and had a four-year adjusted cohort	50306
graduation rate of greater than or equal to seventy-five per cent.	50307

(c) For the 2014-2015 school year or any school year	50308
thereafter, the building has a grade of "A" or "B" under division	50309
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	50310
for the value-added progress dimension under division (C)(1)(e) of	50311
section 3302.03 of the Revised Code; or if the building serves	50312
only grades ten through twelve, the building received a grade of	50313
"A" or "B" for the performance index score under division	50314
(C)(1)(b) of section 3302.03 of the Revised Code and had a	50315
four-year adjusted cohort graduation rate of greater than or equal	50316
to seventy-five per cent.	50317

(2) A student who satisfies only the conditions prescribed in	50318
division (A)(5) of this section shall not be eligible for a	50319
scholarship if the student's resident district meets any of the	50320
following in the most recent rating under section 3302.03 of the	50321
Revised Code published prior to the first day of July of the	50322
school year for which a scholarship is sought:	50323

(a) The district has an overall designation of excellent or	50324
effective under section 3302.03 of the Revised Code as it existed	50325
prior to ~~the effective date of this amendment~~March 22, 2013.	50326

(b) The district has a grade of "A" or "B" for the	50327
performance index score under division (A)(1)(b) or (B)(1)(b) of	50328
section 3302.03 of the Revised Code and for the value-added	50329
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50330
section 3302.03 of the Revised Code for the 2012-2013 and	50331
2013-2014 school years.	50332

(c) The district has an overall grade of "A" or "B" under	50333
division (C)(3) of section 3302.03 of the Revised Code and a grade	50334
of "A" for the value-added progress dimension under division	50335
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50336
school year or any school year thereafter.	50337

Sec. 3310.032. (A) A student is an "eligible student" for	50338
purposes of the expansion of the educational choice scholarship	50339
pilot program under this section if the student's resident	50340
district is not a school district in which the pilot project	50341
scholarship program is operating under sections 3313.974 to	50342
3313.979 of the Revised Code, the student is not eligible for an	50343
educational choice scholarship under section 3310.03 of the	50344
Revised Code, and the student's family income is at or below two	50345
hundred per cent of the federal poverty guidelines, as defined in	50346
section 5101.46 of the Revised Code.	50347

(B) In each fiscal year for which the general assembly	50348
appropriates funds for purposes of this section, the department of	50349
education shall pay scholarships to attend chartered nonpublic	50350
schools in accordance with section 3310.08 of the Revised Code.	50351
The number of scholarships awarded under this section shall not	50352
exceed the number that can be funded with appropriations made by	50353
the general assembly for this purpose.	50354

(C) Scholarships under this section shall be awarded as	50355
follows:	50356

(1) For the 2013-2014 school year, to eligible students who	50357
are entering kindergarten in that school year for the first time;	50358

(2) For each subsequent school year, scholarships shall be	50359
awarded to eligible students in the next grade level above the	50360
highest grade level awarded in the preceding school year, in	50361
addition to the grade levels for which students received	50362
scholarships in the preceding school year.	50363

(D) If the number of eligible students who apply for a	50364
scholarship under this section exceeds the scholarships available	50365
based on the appropriation for this section, the department shall	50366
award scholarships in the following order of priority:	50367

(1) First, to eligible students who received scholarships	50368
under this section in the prior school year;	50369

(2) Second, to eligible students with family incomes at or	50370
below one hundred per cent of the federal poverty guidelines. If	50371
the number of students described in division (D)(2) of this	50372
section who apply for a scholarship exceeds the number of	50373
available scholarships after awards are made under division (D)(1)	50374
of this section, the department shall select students described in	50375
division (D)(2) of this section by lot to receive any remaining	50376
scholarships.	50377

(3) Third, to other eligible students who qualify under this	50378
section. If the number of students described in division (D)(3) of	50379
this section exceeds the number of available scholarships after	50380
awards are made under divisions (D)(1) and (2) of this section,	50381
the department shall select students described in division (D)(3)	50382
of this section by lot to receive any remaining scholarships.	50383

(E) Subject to divisions (E)(1) to (3) of this section, a	50384
student who receives a scholarship under this section remains an	50385
eligible student and may continue to receive scholarships under	50386
this section in subsequent school years until the student	50387
completes grade twelve, so long as the student satisfies the	50388
conditions specified in divisions (E)(2) and (3) of section	50389
3310.03 of the Revised Code.	50390

Once a scholarship is awarded under this section, the student	50391
shall remain eligible for that scholarship for the current school	50392
year and subsequent school years even if the student's family	50393
income rises above the amount specified in division (A) of this	50394
section, provided the student remains enrolled in a chartered	50395
nonpublic school, however:	50396

(1) If the student's family income is above two hundred per	50397
cent but at or below three hundred per cent of the federal poverty	50398
guidelines, the student shall receive a scholarship in the amount	50399
of seventy-five per cent of the full scholarship amount.	50400

(2) If the student's family income is above three hundred per	50401
cent but at or below four hundred per cent of the federal poverty	50402
guidelines, the student shall receive a scholarship in the amount	50403
of fifty per cent of the full scholarship amount.	50404

(3) If the student's family income is above four hundred per	50405
cent of the federal poverty guidelines, the student is no longer	50406
eligible to receive an educational choice scholarship.	50407

Sec. 3310.035. (A) A student who is eligible for an	50408
educational choice scholarship under both sections 3310.03 and	50409
3310.032 of the Revised Code, and applies for a scholarship for	50410
the first time after the effective date of this section shall	50411
receive a scholarship under section 3310.03 of the Revised Code.	50412

(B) A student who is eligible under both sections 3310.03 and	50413
3310.032 of the Revised Code and received a scholarship in the	50414
previous school year shall continue to receive the scholarship	50415
under the section from which the student received the scholarship	50416
in the previous school year, so long as:	50417

(1) The number of students who apply for a scholarship does	50418
not exceed the number of scholarships available under division (A)	50419
of section 3310.02 of the Revised Code.	50420

(2) A student who receives a scholarship under section	50421
3310.03 of the Revised Code satisfies with the conditions	50422
specified in divisions (E)(1) to (3) of that section, and a	50423
student who receives a scholarship under section 3310.032	50424
satisfies with the conditions specified in divisions (E)(2) and	50425
(3) of section 3310.03 of the Revised Code.	50426

Sec. 3310.05. A scholarship under the educational choice	50427
scholarship pilot program is not available for any student whose	50428
resident district is a school district in which the pilot project	50429
scholarship program is operating under sections 3313.974 to	50430
3313.979 of the Revised Code. The two pilot programs are separate	50431
and distinct, with differing eligibility criteria. The pilot	50432
project scholarship program operating under sections 3313.974 to	50433
3313.979 of the Revised Code is a district-wide program that may	50434
award scholarships to students who do not attend district schools	50435
that face academic challenges, whereas the educational choice	50436
scholarship pilot program established under sections 3310.01 to	50437
3310.17 of the Revised Code is limited to students of individual	50438
district school buildings that face academic challenges and to	50439
students from low-income families.	50440

Sec. 3310.06. It is the policy adopted by the general	50441
assembly that the educational choice scholarship pilot program	50442
shall be construed as one of several educational options available	50443
for students enrolled in persistently low-performing school	50444
buildings or for students from low-income families. Students may	50445
be enrolled in the schools of the student's resident district, in	50446
a community school established under Chapter 3314. of the Revised	50447
Code, in the schools of another school district pursuant to an	50448
open enrollment policy adopted under section 3313.98 of the	50449
Revised Code, in a chartered nonpublic school with or without a	50450
scholarship under the educational choice scholarship pilot	50451
program, or in other schools as the law may provide.	50452

Sec. 3310.08. (A) The amount paid for an eligible student	50453
under the educational choice scholarship pilot program shall be	50454
the lesser of the tuition of the chartered nonpublic school in	50455
which the student is enrolled or the maximum amount prescribed in	50456
section 3310.09 of the Revised Code.	50457

(B)(1) The department of education shall pay to the parent of	50458
each eligible student for whom a scholarship is awarded under the	50459
program, or to the student if at least eighteen years of age,	50460
periodic partial payments of the scholarship.	50461

(2) The department shall proportionately reduce or terminate	50462
the payments for any student who withdraws from a chartered	50463
nonpublic school prior to the end of the school year.	50464

(C)(1) The department shall deduct from the payments made to	50465
each school district under Chapter 3317., and if necessary,	50466
sections 321.24 and 323.156 of the Revised Code, the amount paid	50467
under division (B) of this section for each eligible student	50468
~~awarded~~who qualifies for a scholarship under ~~the program~~section	50469
3310.03 of the Revised Code and who is entitled under section	50470
3313.64 or 3313.65 of the Revised Code to attend school in the	50471
district. In the case of a student entitled to attend school in a	50472
school district under division (B)(2)(a) of section 3313.64 or	50473
division (C) of section 3313.65 of the Revised Code, the	50474
department shall deduct the payments from the school district that	50475
includes the student in its average daily membership as reported	50476
to the department under section 3317.03 of the Revised Code, as	50477
determined by the department.	50478

(2) If the department reduces or terminates payments to a	50479
parent or a student, as prescribed in division (B)(2) of this	50480
section, and the student enrolls in the schools of the student's	50481
resident district or in a community school, established under	50482
Chapter 3314. of the Revised Code, before the end of the school	50483
year, the department shall proportionally restore to the resident	50484
district the amount deducted for that student under division	50485
(C)(1) of this section.	50486

Sec. 3310.13. (A) No chartered nonpublic school shall charge	50487
any student whose family income is at or below two hundred per	50488
cent of the federal poverty guidelines, as defined in section	50489
5101.46 of the Revised Code, a tuition fee that is greater than	50490
the total amount paid for that student under section 3310.08 of	50491
the Revised Code.	50492

(B) A chartered nonpublic school may charge any other student	50493
who is paid a scholarship under that section the difference	50494
between the amount of the scholarship and the regular tuition	50495
charge of the school. ~~Each chartered nonpublic school shall permit~~	50496
~~such an eligible student's family, at the family's option, to~~	50497
~~provide volunteer services in lieu of cash payment to pay all or~~	50498
~~part of the amount of the school's tuition not covered by the~~	50499
~~scholarship paid under section 3310.08 of the Revised Code.~~	50500

Sec. 3310.14. ~~Notwithstanding division (K) of section~~	50501
~~3301.0711 of the Revised Code, each~~Each chartered nonpublic	50502
school that is not subject to division (K)(1)(a) of section	50503
3301.0711 of the Revised Code and enrolls students awarded	50504
scholarships under sections 3310.01 to 3310.17 of the Revised Code	50505
annually shall administer the assessments prescribed by section	50506
3301.0710 or 3301.0712 of the Revised Code to each scholarship	50507
student enrolled in the school in accordance with section	50508
3301.0711 of the Revised Code. Each chartered nonpublic school	50509
that is subject to this section shall report to the department of	50510
education the results of each assessment administered to each	50511
scholarship student under this section.	50512

Nothing in this section requires a chartered nonpublic school	50513
to administer any achievement assessment, except for an Ohio	50514
graduation test prescribed by division (B)(1) of section 3301.0710	50515
of the Revised Code, as required by section 3313.612 of the	50516
Revised Code, to any student enrolled in the school who is not a	50517
scholarship student.	50518

Sec. 3310.522. In order to maintain eligibility for a	50519
scholarship under the program, a student shall take each	50520
assessment prescribed by sections 3301.0710 and 3301.0712 of the	50521
Revised Code, unless the student is excused from taking that	50522
assessment under federal law or the student's individualized	50523
education program.	50524

~~Notwithstanding division (K) of section 3301.0711 of the~~	50525
~~Revised Code, each~~Each registered private provider that is not	50526
subject to division (K)(1)(a) of section 3301.0711 of the Revised	50527
Code and enrolls a student who is awarded a scholarship under this	50528
section shall administer each assessment prescribed by sections	50529
3301.0710 and 3301.0712 of the Revised Code to that student,	50530
unless the student is excused from taking that assessment, and	50531
shall report to the department the results of each assessment so	50532
administered.	50533

Nothing in this section requires any chartered nonpublic	50534
school that is a registered private provider to administer any	50535
achievement assessment, except for an Ohio graduation test	50536
prescribed by division (B)(1) of section 3301.0710 of the Revised	50537
Code, as required by section 3313.612 of the Revised Code, to any	50538
student enrolled in the school who is not a scholarship student.	50539

Sec. 3310.56. (A) The amount of the scholarship awarded and	50540
paid to an eligible applicant for services for a qualified special	50541
education child under the Jon Peterson special needs scholarship	50542
program in each school year shall be the least of the amounts	50543
prescribed in divisions (A)(1), (2), orand (3) of this section,	50544
as follows:	50545

(1) The amount of fees charged for that school year by the	50546
alternative public provider or registered private provider;	50547

(2) The sum of the amounts calculated under divisions	50548
(A)(2)(a) and (b) of this section:	50549

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	50550
~~of the base funding supplements specified in divisions (C)(1) to~~	50551
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	50552

(b) An amount ~~equal to $5,732 times the following multiple~~	50553
prescribed for the child's disability as follows:	50554

(i) For a student in category one, ~~0.2892~~the amount	50555
specified in division (A) of section 3317.013 of the Revised Code;	50556

(ii) For a student in category two, ~~0.3691~~the amount	50557
specified in division (B) of section 3317.013 of the Revised Code;	50558

(iii) For a student in category three, ~~1.7695~~the amount	50559
specified in division (C) of section 3317.013 of the Revised Code;	50560

(iv) For a student in category four, ~~2.3646~~the amount	50561
specified in division (D) of section 3317.013 of the Revised Code;	50562

(v) For a student in category five, ~~3.1129~~the amount	50563
specified in division (E) of section 3317.013 of the Revised Code;	50564

(vi) For a student in category six, ~~4.7342~~the amount	50565
specified in division (F) of section 3317.013 of the Revised Code.	50566

~~Before applying the multiples specified in divisions~~	50567
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	50568
~~by multiplying them by 0.90.~~	50569

(3) Twenty thousand dollars.

50570

(B) As used in division (A)(2)(b) of this section, a child	50571
with a disability is in:	50572

(1) "Category one" if the ~~child's primary or only identified~~	50573
~~disability is a speech and language disability, as this term is~~	50574
~~defined pursuant to Chapter 3323.~~child is receiving special	50575
education services for a disability specified in division (A) of	50576
section 3317.013 of the Revised Code;	50577

(2) "Category two" if the child is ~~identified as specific~~	50578
~~learning disabled or developmentally disabled, as these terms are~~	50579
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	50580
~~having an other health impairment-minor, as defined in section~~	50581
~~3317.02~~receiving special education services for a disability	50582
specified in division (B) of section 3317.013 of the Revised Code;	50583

(3) "Category three" if the child is ~~identified as vision~~	50584
~~impaired, hearing disabled, or severe behavior disabled, as these~~	50585
~~terms are defined pursuant to Chapter 3323.~~receiving special	50586
education services for a disability specified in division (C) of	50587
section 3317.013 of the Revised Code;	50588

(4) "Category four" if the child is ~~identified as~~	50589
~~orthopedically disabled, as this term is defined pursuant to~~	50590
~~Chapter 3323. of the Revised Code, or as having an other health~~	50591
~~impairment-major, as defined in section 3317.02~~receiving special	50592
education services for a disability specified in division (D) of	50593
section 3317.013 of the Revised Code;	50594

(5) "Category five" if the child is ~~identified as having~~	50595
~~multiple disabilities, as this term is defined pursuant to Chapter~~	50596
~~3323.~~receiving special education services for a disability	50597
specified in division (E) of section 3317.013 of the Revised Code;	50598

(6) "Category six" if the child is ~~identified as autistic,~~	50599
~~having traumatic brain injuries, or both visually and hearing~~	50600
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	50601
receiving special education services for a disability specified in	50602
division (F) of section 3317.013 of the Revised Code.	50603

Sec. 3311.0510. (A) If all of the client school districts of	50604
an educational service center have terminated their agreements	50605
with the service center under division (D) of section 3313.843 of	50606
the Revised Code, upon the latest effective date of the	50607
terminations, the governing board of that service center shall be	50608
abolished and such service center shall be dissolved by order of	50609
the superintendent of public instruction. The superintendent's	50610
order shall provide for the equitable division and disposition of	50611
the assets, property, debts, and obligations of the service center	50612
among the school districts that were client school districts of	50613
the service center for the service center's last fiscal year of	50614
operation. The superintendent's order shall provide that the tax	50615
duplicate of each of those school districts shall be bound for and	50616
assume the district's equitable share of the outstanding	50617
indebtedness of the service center. The superintendent's order is	50618
final and is not appealable.	50619

Immediately upon the abolishment of the service center	50620
governing board pursuant to this section, the superintendent of	50621
public instruction shall appoint a qualified individual to	50622
administer the dissolution of the service center and to implement	50623
the terms of the superintendent's dissolution order.	50624

Prior to distributing assets to any school district under	50625
this section, but after paying in full other debts and obligations	50626
of the service center under this section, the superintendent of	50627
public instruction may assess against the remaining assets of the	50628
service center the amount of the costs incurred by the department	50629
of education in performing the superintendent's duties under this	50630
division, including the fees, if any, owed to the individual	50631
appointed to administer the superintendent's dissolution order.	50632
Any excess cost incurred by the department under this division	50633
shall be divided equitably among the school districts that were	50634
client school districts of the service center for the service	50635
center's last fiscal year of operation. Each district's share of	50636
that excess cost shall be bound against the tax duplicate of that	50637
district.	50638

(B) A final audit of the former service center shall be	50639
performed in accordance with procedures established by the auditor	50640
of state.	50641

(C) The public records of an educational service center that	50642
is dissolved under this section shall be transferred in accordance	50643
with this division. Public records maintained by the service	50644
center in connection with services provided by the service center	50645
to local school districts of which the territory of the service	50646
center is or previously was made up shall be transferred to each	50647
of the respective local school districts. Public records	50648
maintained by the service center in connection with services	50649
provided to client school districts shall be transferred to each	50650
of the respective client school districts. All other public	50651
records maintained by the service center at the time the service	50652
center ceases operations shall be transferred to the Ohio	50653
historical society for analysis and disposition by the society in	50654
its capacity as archives administrator for the state and its	50655
political subdivisions pursuant to division (C) of section 149.30	50656
and section 149.31 of the Revised Code.	50657

(D) As used in this section, "client school district" ~~has the~~	50658
~~same meaning as in section 3317.11 of the Revised Code~~means a	50659
city, exempted village, or local school district that has entered	50660
into an agreement under section 3313.843 or 3313.845 of the	50661
Revised Code to receive any services from an educational service	50662
center.	50663

Sec. 3311.19. (A) The management and control of a joint	50664
vocational school district shall be vested in the joint vocational	50665
school district board of education~~. Where a joint vocational~~	50666
~~school district is composed only of two or more local school~~	50667
~~districts located in one county, or when all the participating~~	50668
~~districts are in one county and the boards of such participating~~	50669
~~districts so choose, the educational service center governing~~	50670
~~board of the county in which the joint vocational school district~~	50671
~~is located shall serve as the joint vocational school district~~	50672
~~board of education. Where a joint vocational school district is~~	50673
~~composed of local school districts of more than one county, or of~~	50674
~~any combination of city, local, or exempted village school~~	50675
~~districts or educational service centers, unless administration by~~	50676
~~the educational service center governing board has been chosen by~~	50677
~~all the participating districts in one county pursuant to this~~	50678
~~section, the board of education of the joint vocational school~~	50679
~~district shall be composed of one or more persons who are members~~	50680
~~of the boards of education from each of the city or exempted~~	50681
~~village school districts or members of the educational service~~	50682
~~centers' governing boards affected to be appointed by the boards~~	50683
~~of education or governing boards of such school districts and~~	50684
~~educational service centers. In such joint vocational school~~	50685
~~districts the number and terms of members of the joint vocational~~	50686
~~school district board of education and the allocation of a given~~	50687
~~number of members to each of the city and exempted village~~	50688
~~districts and educational service centers shall be determined in~~	50689
~~the plan for such district, provided that each such joint~~	50690
~~vocational school district board of education shall be composed of~~	50691
~~an odd number of members.~~	50692

~~(B) Notwithstanding division (A) of this section, a governing~~	50693
~~board of an educational service center that has members of its~~	50694
~~governing board serving on a joint vocational school district~~	50695
~~board of education may make a request to the joint vocational~~	50696
~~district board that the joint vocational school district plan be~~	50697
~~revised to provide for one or more members of boards of education~~	50698
~~of local school districts that are within the territory of the~~	50699
~~educational service district and within the joint vocational~~	50700
~~school district to serve in the place of or in addition to its~~	50701
~~educational service center governing board members. If agreement~~	50702
~~is obtained among a majority of the boards of education and~~	50703
~~governing boards that have a member serving on the joint~~	50704
~~vocational school district board of education and among a majority~~	50705
~~of the local school district boards of education included in the~~	50706
~~district and located within the territory of the educational~~	50707
~~service center whose board requests the substitution or addition,~~	50708
~~the state board of education may revise the joint vocational~~	50709
~~school district plan to conform with such agreement.~~	50710

~~(C) If the board of education of any school district or~~	50711
~~educational service center governing board included within a joint~~	50712
~~vocational district that has had its board or governing board~~	50713
~~membership revised under division (B) of this section requests the~~	50714
~~joint vocational school district board to submit to the state~~	50715
~~board of education a revised plan under which one or more joint~~	50716
~~vocational board members chosen in accordance with a plan revised~~	50717
~~under such division would again be chosen in the manner prescribed~~	50718
~~by division (A) of this section, the joint vocational board shall~~	50719
~~submit the revised plan to the state board of education, provided~~	50720
~~the plan is agreed to by a majority of the boards of education~~	50721
~~represented on the joint vocational board, a majority of the local~~	50722
~~school district boards included within the joint vocational~~	50723
~~district, and each educational service center governing board~~	50724
~~affected by such plan. The state board of education may revise the~~	50725
~~joint vocational school district plan to conform with the revised~~	50726
~~plan.~~which, beginning on the effective date of this amendment,	50727
shall be appointed under division (C) of this section. Beginning	50728
on the effective date of this amendment, no board member shall be	50729
appointed in the manner formerly provided by this section, as it	50730
existed prior to the effective date of this amendment.	50731

All members of a joint vocational school district board	50732
serving unexpired terms on the effective date of this amendment	50733
may continue in office until the expiration of their terms. If a	50734
member leaves office for any reason prior to the expiration of	50735
that member's term, the vacancy shall be filled only in the manner	50736
provided in division (C) of this section.	50737

(B) Members of the joint vocational school district board	50738
appointed on or after the effective date of this amendment shall	50739
serve for three year terms of office. No member shall hold office	50740
for a period of longer than two consecutive terms. Terms shall be	50741
considered consecutive unless separated by three or more years.	50742

Members of the board shall be selected based on the diversity	50743
of the employers from the geographical region of the state in	50744
which the territory of the joint vocational school district is	50745
located represented by the members. A majority of the members of	50746
the board shall reside in or be employed within the territory of	50747
the joint vocational school district board upon which the member	50748
serves.	50749

(C) The board of education of each city, exempted village, or	50750
local school district or educational service center that belongs	50751
to the joint vocational school district shall appoint one member	50752
to the joint vocational school district board; however, that	50753
individual shall not be a member of an appointing school district	50754
or service center board. The total number of members appointed to	50755
the joint vocational school district board shall be equal to the	50756
number of members on the joint vocational school district's board	50757
prior to the effective date of this amendment.	50758

Initial appointments under this section shall be made as the	50759
terms of members of each joint vocational school district board	50760
who are serving unexpired terms on the effective date of this	50761
amendment expire or as those offices are otherwise vacated prior	50762
to the expiration date. The appointing district boards shall	50763
continue to replace members in such a way that, by the time all	50764
terms of members serving on the effective date of this amendment	50765
have expired or their offices have been vacated prior to	50766
expiration of the term of office, the joint vocational school	50767
district board consists of one member appointed by the board of	50768
each school district belonging to the joint vocational school	50769
district. Thereafter, appointments shall be made by a district	50770
board as terms expire or are otherwise vacated.	50771

Appointing boards may also appoint students of the district	50772
to serve as additional members of the board, but student members	50773
shall be nonvoting members.	50774

Members of the joint vocational board shall have experience	50775
as chief financial officers, chief executive officers, human	50776
resources managers, or other business and industry professionals	50777
who are qualified to discuss the labor needs of the region with	50778
respect to the regional economy. The appointing board shall	50779
appoint members who represent employers in the region served by	50780
the joint vocational school district who are qualified to consider	50781
a region's workforce needs with an understanding of the skills,	50782
training, and education needed for current and future employment	50783
needs in the region.	50784

(D) The vocational schools in ~~such~~the joint vocational	50785
school district shall be available to all youth of school age	50786
within the joint vocational school district subject to the rules	50787
adopted by the joint vocational school district board of education	50788
in regard to the standards requisite to admission. A joint	50789
vocational school district board of education shall have the same	50790
powers, duties, and authority for the management and operation of	50791
such joint vocational school district as is granted by law, except	50792
by this chapter and Chapters 124., 3317., 3323., and 3331. of the	50793
Revised Code, to a board of education of a city school district,	50794
and shall be subject to all the provisions of law that apply to a	50795
city school district, except such provisions in this chapter and	50796
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	50797

(E) ~~Where a governing board of an educational service center~~	50798
~~has been designated to serve as the joint vocational school~~	50799
~~district board of education, the educational service center~~	50800
~~superintendent shall be the executive officer for the joint~~	50801
~~vocational school district, and the governing board may provide~~	50802
~~for additional compensation to be paid to the educational service~~	50803
~~center superintendent by the joint vocational school district, but~~	50804
~~the educational service center superintendent shall have no~~	50805
~~continuing tenure other than that of educational service center~~	50806
~~superintendent.~~ The superintendent of schools of a joint	50807
vocational school district shall exercise the duties and authority	50808
vested by law in a superintendent of schools pertaining to the	50809
operation of a school district and the employment and supervision	50810
of its personnel. The joint vocational school district board of	50811
education shall appoint a treasurer of the joint vocational school	50812
district who shall be the fiscal officer for such district and who	50813
shall have all the powers, duties, and authority vested by law in	50814
a treasurer of a board of education. ~~Where a governing board of an~~	50815
~~educational service center has been designated to serve as the~~	50816
~~joint vocational school district board of education, such board~~	50817
~~may appoint the educational service center superintendent as the~~	50818
~~treasurer of the joint vocational school district.~~	50819

(F) Each member of a joint vocational school district board	50820
of education may be paid such compensation as the board provides	50821
by resolution, but it shall not exceed one hundred twenty-five	50822
dollars per member for each meeting attended plus mileage, at the	50823
rate per mile provided by resolution of the board, to and from	50824
meetings of the board.	50825

The board may provide by resolution for the deduction of	50826
amounts payable for benefits under section 3313.202 of the Revised	50827
Code.	50828

Each member of a joint vocational school district board may	50829
be paid such compensation as the board provides by resolution for	50830
attendance at an approved training program, provided that such	50831
compensation shall not exceed sixty dollars per day for attendance	50832
at a training program three hours or fewer in length and one	50833
hundred twenty-five dollars a day for attendance at a training	50834
program longer than three hours in length. However, no board	50835
member shall be compensated for the same training program under	50836
this section and section 3313.12 of the Revised Code.	50837

Sec. 3311.22. A governing board of an educational service	50838
center may propose, by resolution adopted by majority vote of its	50839
full membership, or qualified electors of the area affected equal	50840
in number to at least fifty-five per cent of the qualified	50841
electors voting at the last general election residing within that	50842
portion of a school district, or districts proposed to be	50843
transferred may propose, by petition, the transfer of a part or	50844
all of one or more local school districts to another local school	50845
district or districts within the territory of the educational	50846
service center. Such transfers may be made only to local school	50847
districts adjoining the school district that is proposed to be	50848
transferred, unless the board of education of the district	50849
proposed to be transferred has entered into an agreement pursuant	50850
to section 3313.42 of the Revised Code, in which case such	50851
transfers may be made to any local school district within the	50852
territory of the educational service center.	50853

When a governing board of an educational service center	50854
adopts a resolution proposing a transfer of school territory it	50855
shall forthwith file a copy of such resolution, together with an	50856
accurate map of the territory described in the resolution, with	50857
the board of education of each school district whose boundaries	50858
would be altered by such proposal. A governing board of an	50859
educational service center proposing a transfer of territory under	50860
the provisions of this section shall at its next regular meeting	50861
that occurs not earlier than thirty days after the adoption by the	50862
governing board of a resolution proposing such transfer, adopt a	50863
resolution making the transfer effective at any time prior to the	50864
next succeeding first day of July, unless, prior to the expiration	50865
of such thirty-day period, qualified electors residing in the area	50866
proposed to be transferred, equal in number to a majority of the	50867
qualified electors voting at the last general election, file a	50868
petition of referendum against such transfer.	50869

Any petition of transfer or petition of referendum filed	50870
under the provisions of this section shall be filed at the office	50871
of the educational service center superintendent. The person	50872
presenting the petition shall be given a receipt containing	50873
thereon the time of day, the date, and the purpose of the	50874
petition.	50875

The educational service center superintendent shall cause the	50876
board of elections to check the sufficiency of signatures on any	50877
petition of transfer or petition of referendum filed under this	50878
section and, if found to be sufficient, the superintendent shall	50879
present the petition to the educational service center governing	50880
board at a meeting of the board which shall occur not later than	50881
thirty days following the filing of the petition.	50882

Upon presentation to the educational service center governing	50883
board of a proposal to transfer territory as requested by petition	50884
of fifty-five per cent of the qualified electors voting at the	50885
last general election or a petition of referendum against a	50886
proposal of the county board to transfer territory, the governing	50887
board shall promptly certify the proposal to the board of	50888
elections for the purpose of having the proposal placed on the	50889
ballot at the next general or primary election which occurs not	50890
less than ninety days after the date of such certification, or at	50891
a special election, the date of which shall be specified in the	50892
certification, which date shall not be less than ninety days after	50893
the date of such certification. Signatures on a petition of	50894
transfer or petition of referendum may be withdrawn up to and	50895
including the above mentioned meeting of the educational service	50896
center governing board only by order of the board upon testimony	50897
of the petitioner concerned under oath before the board that the	50898
petitioner's signature was obtained by fraud, duress, or	50899
misrepresentation.	50900

If a petition is filed with the educational service center	50901
governing board which proposes the transfer of a part or all of	50902
the territory included in a resolution of transfer previously	50903
adopted by the educational service center governing board, no	50904
action shall be taken on such petition if within the thirty-day	50905
period after the adoption of the resolution of transfer a	50906
referendum petition is filed. After the election, if the proposed	50907
transfer fails to receive a majority vote, action on such petition	50908
shall then be processed under this section as though originally	50909
filed under the provisions hereof. If no referendum petition is	50910
filed within the thirty-day period after the adoption of the	50911
resolution of transfer, no action shall be taken on such petition.	50912

If a petition is filed with the educational service center	50913
governing board which proposes the transfer of a part or all of	50914
the territory included in a petition previously filed by electors	50915
no action shall be taken on such new petition.	50916

Upon certification of a proposal to the board or boards of	50917
elections pursuant to this section, the board or boards of	50918
elections shall make the necessary arrangements for the submission	50919
of such question to the electors of the county or counties	50920
qualified to vote thereon, and the election shall be conducted and	50921
canvassed and the results shall be certified in the same manner as	50922
in regular elections for the election of members of a board of	50923
education.	50924

The persons qualified to vote upon a proposal are the	50925
electors residing in the district or districts containing	50926
territory that is proposed to be transferred. If the proposed	50927
transfer be approved by at least a majority of the electors voting	50928
on the proposal, the educational service center governing board	50929
shall make such transfer at any time prior to the next succeeding	50930
first day of July. If the proposed transfer is not approved by at	50931
least a majority of the electors voting on the proposal, the	50932
question of transferring any property included in the territory	50933
covered by the proposal shall not be submitted to electors at any	50934
election prior to the first general election the date of which is	50935
at least two years after the date of the original election, or the	50936
first primary election held in an even-numbered year the date of	50937
which is at least two years after the date of the original	50938
election. A transfer shall be subject to the approval of the	50939
receiving board or boards of education, unless the proposal was	50940
initiated by the educational service center governing board, in	50941
which case, if the transfer is opposed by the board of education	50942
offered the territory, the local board may, within thirty days,	50943
following the receipt of the notice of transfer, appeal to the	50944
state board of education which shall then either approve or	50945
disapprove the transfer.	50946

Following an election upon a proposed transfer initiated by a	50947
petition the board of education that is offered territory shall,	50948
within thirty days following receipt of the proposal, either	50949
accept or reject the transfer.	50950

When an entire school district is proposed to be transferred	50951
to two or more school districts and the offer is rejected by any	50952
one of the receiving boards of education, none of the territory	50953
included in the proposal shall be transferred.	50954

Upon the acceptance of territory by the receiving board or	50955
boards of education the educational service center governing board	50956
offering the territory shall file with the county auditor and with	50957
the state board of education an accurate map showing the	50958
boundaries of the territory transferred.	50959

Upon the making of such transfer, the net indebtedness of the	50960
former district from which territory was transferred shall be	50961
apportioned between the acquiring school district and that portion	50962
of the former school district remaining after the transfer in the	50963
ratio which the assessed valuation of the territory transferred to	50964
the acquiring school district bears to the assessed valuation of	50965
the original school district as of the effective date of the	50966
transfer. As used in this section "net indebtedness" means the	50967
difference between the par value of the outstanding and unpaid	50968
bonds and notes of the school district and the amount held in the	50969
sinking fund and other indebtedness retirement funds for their	50970
redemption.	50971

~~If an entire district is transferred, any indebtedness of the~~	50972
~~former district incurred as a result of a loan made under section~~	50973
~~3317.64 of the Revised Code is hereby canceled and such~~	50974
~~indebtedness shall not be apportioned among any districts~~	50975
~~acquiring the territory.~~	50976

Upon the making of any transfer under this section, the funds	50977
of the district from which territory was transferred shall be	50978
divided equitably by the educational service center governing	50979
board between the acquiring district and any part of the original	50980
district remaining after the transfer.	50981

If an entire district is transferred the board of education	50982
of such district is thereby abolished or if a member of the board	50983
of education lives in that part of a school district transferred	50984
the member becomes a nonresident of the school district from which	50985
the territory was transferred and such member ceases to be a	50986
member of the board of education of such district.	50987

The legal title of all property of the board of education in	50988
the territory transferred shall become vested in the board of	50989
education of the school district to which such territory is	50990
transferred.	50991

Subsequent to June 30, 1959, if an entire district is	50992
transferred, foundation program moneys accruing to a district	50993
accepting school territory under the provisions of this section or	50994
former section 3311.22 of the Revised Code, shall not be less, in	50995
any year during the next succeeding three years following the	50996
transfer, than the sum of the amounts received by the districts	50997
separately in the year in which the transfer was consummated.	50998

Sec. 3311.231. A governing board of an educational service	50999
center may propose, by resolution adopted by majority vote of its	51000
full membership, or qualified electors of the area affected equal	51001
in number to not less than fifty-five per cent of the qualified	51002
electors voting at the last general election residing within that	51003
portion of a school district proposed to be transferred may	51004
propose, by petition, the transfer of a part or all of one or more	51005
local school districts within the territory of the center to an	51006
adjoining educational service center or to an adjoining city or	51007
exempted village school district.	51008

A governing board of an educational service center adopting a	51009
resolution proposing a transfer of school territory under this	51010
section shall file a copy of such resolution together with an	51011
accurate map of the territory described in the resolution, with	51012
the board of education of each school district whose boundaries	51013
would be altered by such proposal. Where a transfer of territory	51014
is proposed by a governing board of an educational service center	51015
under this section, the governing board shall, at its next regular	51016
meeting that occurs not earlier than the thirtieth day after the	51017
adoption by the governing board of the resolution proposing such	51018
transfer, adopt a resolution making the transfer as originally	51019
proposed, effective at any time prior to the next succeeding first	51020
day of July, unless, prior to the expiration of such thirty-day	51021
period, qualified electors residing in the area proposed to be	51022
transferred, equal in number to a majority of the qualified	51023
electors voting at the last general election, file a petition of	51024
referendum against such transfer.	51025

Any petition of transfer or petition of referendum under the	51026
provisions of this section shall be filed at the office of the	51027
educational service center superintendent. The person presenting	51028
the petition shall be given a receipt containing thereon the time	51029
of day, the date, and the purpose of the petition.	51030

The educational service center superintendent shall cause the	51031
board of elections to check the sufficiency of signatures on any	51032
such petition, and, if found to be sufficient, the superintendent	51033
shall present the petition to the educational service center	51034
governing board at a meeting of said governing board which shall	51035
occur not later than thirty days following the filing of said	51036
petition.	51037

The educational service center governing board shall promptly	51038
certify the proposal to the board of elections of such counties in	51039
which school districts whose boundaries would be altered by such	51040
proposal are located for the purpose of having the proposal placed	51041
on the ballot at the next general or primary election which occurs	51042
not less than ninety days after the date of such certification or	51043
at a special election, the date of which shall be specified in the	51044
certification, which date shall not be less than ninety days after	51045
the date of such certification.	51046

Signatures on a petition of transfer or petition of	51047
referendum may be withdrawn up to and including the above	51048
mentioned meeting of the educational service center governing	51049
board only by order of the governing board upon testimony of the	51050
petitioner concerned under oath before the board that the	51051
petitioner's signature was obtained by fraud, duress, or	51052
misrepresentation.	51053

If a petition is filed with the educational service center	51054
governing board which proposes the transfer of a part or all of	51055
the territory included either in a petition previously filed by	51056
electors or in a resolution of transfer previously adopted by the	51057
educational service center governing board, no action shall be	51058
taken on such new petition as long as the previously initiated	51059
proposal is pending before the governing board or is subject to an	51060
election.	51061

Upon certification of a proposal to the board or boards of	51062
elections pursuant to this section, the board or boards of	51063
elections shall make the necessary arrangements for the submission	51064
of such question to the electors of the county or counties	51065
qualified to vote thereon, and the election shall be conducted and	51066
canvassed and the results shall be certified in the same manner as	51067
in regular elections for the election of members of a board of	51068
education.	51069

The persons qualified to vote upon a proposal are the	51070
electors residing in the district or districts containing	51071
territory that is proposed to be transferred. If the proposed	51072
transfer is approved by at least a majority of the electors voting	51073
on the proposal, the educational service center governing board	51074
shall make such transfer at any time prior to the next succeeding	51075
first day of July, subject to the approval of the receiving board	51076
of education in case of a transfer to a city or exempted village	51077
school district, and subject to the approval of the educational	51078
service center governing board of the receiving center, in case of	51079
a transfer to an educational service center. If the proposed	51080
transfer is not approved by at least a majority of the electors	51081
voting on the proposal, the question of transferring any property	51082
included in the territory covered by the proposal shall not be	51083
submitted to electors at any election prior to the first general	51084
election the date of which is at least two years after the date of	51085
the original election, or the first primary election held in an	51086
even-numbered year the date of which is at least two years after	51087
the date of the original election.	51088

Where a territory is transferred under this section to a city	51089
or exempted village school district, the board of education of	51090
such district shall, and where territory is transferred to an	51091
educational service center the governing board of such educational	51092
service center shall, within thirty days following receipt of the	51093
proposal, either accept or reject the transfer.	51094

Where a governing board of an educational service center	51095
adopts a resolution accepting territory transferred to the	51096
educational service center under the provisions of sections	51097
3311.231 and 3311.24 of the Revised Code, the governing board	51098
shall, at the time of the adoption of the resolution accepting the	51099
territory, designate the school district to which the accepted	51100
territory shall be annexed.	51101

When an entire school district is proposed to be transferred	51102
to two or more adjoining school districts and the offer is	51103
rejected by any one of the receiving boards of education, none of	51104
the territory included in the proposal shall be transferred.	51105

Upon the acceptance of territory by the receiving board or	51106
boards of education the educational service center governing board	51107
offering the territory shall file with the county auditor of each	51108
county affected by the transfer and with the state board of	51109
education an accurate map showing the boundaries of the territory	51110
transferred.	51111

Upon the making of such transfer, the net indebtedness of the	51112
former district from which territory was transferred shall be	51113
apportioned between the acquiring school district and the portion	51114
of the former school district remaining after the transfer in the	51115
ratio which the assessed valuation of the territory transferred to	51116
the acquiring school district bears to the assessed valuation of	51117
the original school district as of the effective date of the	51118
transfer. As used in this section "net indebtedness" means the	51119
difference between the par value of the outstanding and unpaid	51120
bonds and notes of the school district and the amount held in the	51121
sinking fund and other indebtedness retirement funds for their	51122
redemption.	51123

~~If an entire district is transferred, any indebtedness of the~~	51124
~~former district incurred as a result of a loan made under section~~	51125
~~3317.64 of the Revised Code is hereby canceled and such~~	51126
~~indebtedness shall not be apportioned among any districts~~	51127
~~acquiring the territory.~~	51128

Upon the making of any transfer under this section, the funds	51129
of the district from which territory was transferred shall be	51130
divided equitably by the educational service center governing	51131
board, between the acquiring district and any part of the original	51132
district remaining after the transfer.	51133

If an entire district is transferred the board of education	51134
of such district is thereby abolished or if a member of the board	51135
of education lives in that part of a school district transferred	51136
the member becomes a nonresident of the school district from which	51137
the territory was transferred and such member ceases to be a	51138
member of the board of education of such district.	51139

The legal title of all property of the board of education in	51140
the territory transferred shall become vested in the board of	51141
education of the school district to which such territory is	51142
transferred.	51143

If an entire district is transferred, foundation program	51144
moneys accruing to a district receiving school territory under the	51145
provisions of this section shall not be less, in any year during	51146
the next succeeding three years following the transfer, than the	51147
sum of the amounts received by the districts separately in the	51148
year in which the transfer was consummated.	51149

Sec. 3311.38. The state board of education may conduct, or	51150
may direct the superintendent of public instruction to conduct,	51151
studies where there is evidence of need for transfer of local,	51152
exempted village, or city school districts, or parts of any such	51153
districts, to contiguous or noncontiguous local, exempted village,	51154
or city school districts. Such studies shall include a study of	51155
the effect of any proposal upon any portion of a school district	51156
remaining after such proposed transfer. The state board, in	51157
conducting such studies and in making recommendations as a result	51158
thereof, shall consider the possibility of improving school	51159
district organization as well as the desires of the residents of	51160
the school districts which would be affected.	51161

(A) After the adoption of recommendations growing out of any	51162
such study, or upon receipt of a resolution adopted by majority	51163
vote of the full membership of the board of any city, local, or	51164
exempted village school district requesting that the entire	51165
district be transferred to another city, local, or exempted	51166
village school district, the state board may propose by resolution	51167
the transfer of territory, which may consist of part or all of the	51168
territory of a local, exempted village, or city school district to	51169
a contiguous local, exempted village, or city school district.	51170

The state board shall thereupon file a copy of such proposal	51171
with the board of education of each school district whose	51172
boundaries would be altered by the proposal and with the governing	51173
board of any educational service center in which such school	51174
district is located.	51175

The state board may, not less than thirty days following the	51176
adoption of the resolution proposing the transfer of territory,	51177
certify the proposal to the board of elections of the county or	51178
counties in which any of the territory of the proposed district is	51179
located, for the purpose of having the proposal placed on the	51180
ballot at the next general election or at a primary election	51181
occurring not less than ninety days after the adoption of such	51182
resolution.	51183

If any proposal has been previously initiated pursuant to	51184
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	51185
affects any of the territory affected by the proposal of the state	51186
board, the proposal of the state board shall not be placed on the	51187
ballot while the previously initiated proposal is subject to an	51188
election.	51189

Upon certification of a proposal to the board of elections of	51190
any county pursuant to this section, the board of elections of	51191
such county shall make the necessary arrangements for the	51192
submission of such question to the electors of the county	51193
qualified to vote thereon, and the election shall be counted and	51194
canvassed and the results shall be certified in the same manner as	51195
in regular elections for the election of members of a board of	51196
education.	51197

The electors qualified to vote upon a proposal are the	51198
electors residing in the local, exempted village, or city school	51199
districts, containing territory proposed to be transferred.	51200

If the proposed transfer be approved by a majority of the	51201
electors voting on the proposal, the state board, subject to the	51202
approval of the board of education of the district to which the	51203
territory would be transferred, shall make such transfer prior to	51204
the next succeeding July 1.	51205

(B) If a study conducted in accordance with this section	51206
involves a school district with less than four thousand dollars of	51207
assessed value for each pupil in the total student count	51208
determined under section 3317.03 of the Revised Code, the state	51209
board of education, with the approval of the educational service	51210
center governing board, and upon recommendation by the state	51211
superintendent of public instruction, may by resolution transfer	51212
all or any part of such a school district to any city, exempted	51213
village, or local school district which has more than twenty-five	51214
thousand pupils in average daily membership. Such resolution of	51215
transfer shall be adopted only after the board of education of the	51216
receiving school district has adopted a resolution approving the	51217
proposed transfer. For the purposes of this division, the assessed	51218
value shall be as certified in accordance with section 3317.021 of	51219
the Revised Code.	51220

(C) Upon the making of a transfer of an entire school	51221
district pursuant to this section, the indebtedness of the	51222
district transferred shall be assumed in full by the acquiring	51223
district and the funds of the district transferred shall be paid	51224
over in full to the acquiring district~~, except that any~~	51225
~~indebtedness of the transferred district incurred as a result of a~~	51226
~~loan made under section 3317.64 of the Revised Code is hereby~~	51227
~~canceled and shall not be assumed by the acquiring district~~.	51228

(D) Upon the making of a transfer pursuant to this section,	51229
when only part of a district is transferred, the net indebtedness	51230
of each original district of which only a part is taken by the	51231
acquiring district shall be apportioned between the acquiring	51232
district and the original district in the ratio which the assessed	51233
valuation of the part taken by the acquiring district bears to the	51234
assessed valuation of the original district as of the effective	51235
date of the transfer. As used in this section "net indebtedness"	51236
means the difference between the par value of the outstanding and	51237
unpaid bonds and notes of the school district and the amount held	51238
in the sinking fund and other indebtedness retirement funds for	51239
their redemption.	51240

(E) Upon the making of a transfer pursuant to this section,	51241
when only part of a district is transferred, the funds of the	51242
district from which territory was transferred shall be divided	51243
equitably by the state board between the acquiring district and	51244
that part of the former district remaining after the transfer.	51245

(F) If an entire school district is transferred, the board of	51246
education of such district is thereby abolished. If part of a	51247
school district is transferred, any member of the board of	51248
education who is a legal resident of that part which is	51249
transferred shall thereby cease to be a member of that board.	51250

If an entire school district is transferred, foundation	51251
program moneys accruing to a district accepting school territory	51252
under the provisions of this section shall not be less, in any	51253
year during the next succeeding three years following the	51254
transfer, than the sum of the amounts received by the districts	51255
separately in the year in which the transfer became effective.	51256

Sec. 3311.86. (A) As used in this section:

51257

(1) "Alliance" means a municipal school district	51258
transformation alliance established as a nonprofit corporation.	51259

(2) "Alliance municipal school district" means a municipal	51260
school district for which an alliance has been created under this	51261
section.	51262

(3) "Partnering community school" means a community school	51263
established under Chapter 3314. of the Revised Code that is	51264
located within the territory of a municipal school district and	51265
that either is sponsored by the district or is a party to an	51266
agreement with the district whereby the district and the community	51267
school endorse each other's programs.	51268

(4) "Transformation alliance education plan" means a plan	51269
prepared by the mayor, and confirmed by the alliance, to transform	51270
public education in the alliance municipal school district to a	51271
system of municipal school district schools and partnering	51272
community schools that will be held to the highest standards of	51273
school performance and student achievement.	51274

(B) If one or more partnering community schools are located	51275
in a municipal school district, the mayor may initiate proceedings	51276
to establish a municipal school district transformation alliance	51277
as a nonprofit corporation under Chapter 1702. of the Revised	51278
Code. The mayor shall have sole authority to appoint the directors	51279
of any alliance created under this section. The directors of the	51280
alliance shall include representatives of all of the following:	51281

(1) The municipal school district;

51282

(2) Partnering community schools;

51283

(3) Members of the community at large, including parents and	51284
educators;	51285

(4) The business community, including business leaders and	51286
foundation leaders.	51287

No one group listed in divisions (B)(1) to (4) of this	51288
section shall comprise a majority of the directors. The mayor	51289
shall be an ex officio director, and serve as the chairperson of	51290
the board of directors, of any alliance created under this	51291
section. If the proceedings are initiated, the mayor shall	51292
identify the directors in the articles of incorporation filed	51293
under section 1702.04 of the Revised Code.	51294

(C)(1) A majority of the members of the board of directors of	51295
the alliance shall constitute a quorum of the board. Any formal	51296
action taken by the board of directors shall take place at a	51297
meeting of the board and shall require the concurrence of a	51298
majority of the members of the board. Meetings of the board of	51299
directors shall be public meetings open to the public at all	51300
times, except that the board and its committees and subcommittees	51301
may hold an executive session, as if it were a public body with	51302
public employees, for any of the purposes for which an executive	51303
session of a public body is permitted under division (G) of	51304
section 121.22 of the Revised Code, notwithstanding that the	51305
alliance is not a public body as defined in that section, and its	51306
employees are not public employees as provided in division (F) of	51307
this section. The board of directors shall establish reasonable	51308
methods whereby any person may determine the time and place of all	51309
of the board's public meetings and by which any person, upon	51310
request, may obtain reasonable advance notification of the board's	51311
public meetings. Provisions for that advance notification may	51312
include, but are not limited to, mailing notices to all	51313
subscribers on a mailing list or mailing notices in	51314
self-addressed, stamped envelopes provided by the person.	51315

(2) All records of the alliance shall be organized and	51316
maintained by the alliance and also filed with the department of	51317
education. The alliance and the department shall make those	51318
records available to the public as though those records were	51319
public records for purposes of Chapter 149. of the Revised Code.	51320
The department shall promptly notify the alliance upon the	51321
department's receipt of any requests for records relating to the	51322
alliance pursuant to section 149.43 of the Revised Code.	51323

(3) The board of directors of the alliance shall establish a	51324
conflicts of interest policy and shall adopt that policy, and any	51325
amendments to the policy, at a meeting of the board held in	51326
accordance with this section.	51327

(D) If an alliance is created under this section, the	51328
alliance shall do all of the following:	51329

(1) Report annually on the performance of all municipal	51330
school district schools and all community schools established	51331
under Chapter 3314. of the Revised Code and located in the	51332
district, using the criteria adopted under division (B) of section	51333
3311.87 of the Revised Code;	51334

(2) Confirm and monitor implementation of the transformation	51335
alliance education plan;	51336

(3) Suggest national education models for and provide input	51337
in the development of new municipal school district schools and	51338
partnering community schools.	51339

(E) Divisions (E)(1) to (3) of this section apply to each	51340
community school sponsor that is subject to approval by the	51341
department of education under section 3314.015 of the Revised Code	51342
whose approval under that section is granted or renewed on or	51343
after ~~the effective date of this section~~October 1, 2012.	51344
Divisions (E)(1) to (3) of this section do not apply to a sponsor	51345
that has been approved by the department prior to that date, until	51346
the sponsor's approval is renewed or granted anew on or after that	51347
date.	51348

(1) Before a sponsor to which this section applies may	51349
sponsor new community schools in an alliance municipal school	51350
district, the sponsor shall request recommendation from the	51351
alliance to sponsor community schools in the district.	51352

(2) The alliance shall review the sponsor's application and	51353
shall make a recommendation based on the standards for sponsors	51354
developed under division (A)(2) of section 3311.87 of the Revised	51355
Code.	51356

(3) The department shall use the standards developed under	51357
division (A)(2) of section 3311.87 of the Revised Code, in	51358
addition to any other requirements of the Revised Code, to review	51359
a sponsor's request and make a final determination, on	51360
recommendation of the alliance, of whether the sponsor may sponsor	51361
new community schools in the alliance municipal school district.	51362

No sponsor shall be required to receive authorization to	51363
sponsor new community schools under division (E)(3) of this	51364
section more than one time.	51365

(F) Directors, officers, and employees of an alliance are not	51366
public employees or public officials, are not subject to Chapters	51367
124., 145., and 4117. of the Revised Code, and are not "public	51368
officials" or "public servants" as defined in section 2921.01 of	51369
the Revised Code. Membership on the board of directors of an	51370
alliance does not constitute the holding of an incompatible public	51371
office or employment in violation of any statutory or common law	51372
prohibition against the simultaneous holding of more than one	51373
public office or employment. Members of the board of directors of	51374
an alliance are not disqualified from holding any public office by	51375
reason of that membership, and do not forfeit by reason of that	51376
membership the public office or employment held when appointed to	51377
the board, notwithstanding any contrary disqualification or	51378
forfeiture requirement under the Revised Code or the common law of	51379
this state.	51380

(G) The authority to establish an alliance under this section	51381
expires on January 1, 2018. Any alliance established under this	51382
section is terminated, and any related authority granted to the	51383
alliance under this section expires on that date.	51384

Sec. 3312.08. Each fiscal agent selected by the department	51385
of education pursuant to section 3312.07 of the Revised Code shall	51386
do all of the following:	51387

(A) Enter into performance contracts with the department in	51388
accordance with section 3312.09 of the Revised Code for the	51389
implementation of state and regional education initiatives and	51390
school improvement efforts;	51391

(B) Receive federal and state funds, including federal funds	51392
for the provision of special education and related services, as	51393
specified in the performance contracts, and disburse those funds	51394
as specified in the performance contracts to educational service	51395
centers, information technology centers, and other regional	51396
service providers. However, any funds owed to an educational	51397
service center in accordance with an agreement entered into under	51398
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	51399
Code shall be paid directly to the service center by the	51400
department ~~in accordance with that section~~ and any operating funds	51401
appropriated for an information technology center shall be paid	51402
directly to the information technology center by the department	51403
pursuant to section 3301.075 of the Revised Code.	51404

(C) Implement any expenditure of funds recommended by the	51405
advisory council for the region pursuant to section 3312.04 of the	51406
Revised Code or required by the terms of any performance contract,	51407
unless there are insufficient funds available to the region to pay	51408
for the expenditure or the expenditure violates a provision of the	51409
Revised Code, a rule of the state board of education regarding	51410
such expenditure, or the terms of a performance contract;	51411

(D) Exercise fiscal oversight of the implementation of state	51412
and regional education initiatives and school improvement efforts.	51413

Sec. 3313.372. (A) As used in this section, "energy	51414
conservation measure" means an installation or modification of an	51415
installation in, or remodeling of, a building, to reduce energy	51416
consumption. It includes:	51417

(1) Insulation of the building structure and systems within	51418
the building;	51419

(2) Storm windows and doors, multiglazed windows and doors,	51420
heat absorbing or heat reflective glazed and coated window and	51421
door systems, additional glazing, reductions in glass area, and	51422
other window and door system modifications that reduce energy	51423
consumption;	51424

(3) Automatic energy control systems;

51425

(4) Heating, ventilating, or air conditioning system	51426
modifications or replacements;	51427

(5) Caulking and weatherstripping;

51428

(6) Replacement or modification of lighting fixtures to	51429
increase the energy efficiency of the system without increasing	51430
the overall illumination of a facility, unless such increase in	51431
illumination is necessary to conform to the applicable state or	51432
local building code for the proposed lighting system;	51433

(7) Energy recovery systems;

51434

(8) Cogeneration systems that produce steam or forms of	51435
energy such as heat, as well as electricity, for use primarily	51436
within a building or complex of buildings;	51437

(9) Any other modification, installation, or remodeling	51438
approved by the Ohio school facilities commission as an energy	51439
conservation measure.	51440

(B) A board of education of a city, exempted village, local,	51441
or joint vocational school district may enter into an installment	51442
payment contract for the purchase and installation of energy	51443
conservation measures. The provisions of such installment payment	51444
contracts dealing with interest charges and financing terms shall	51445
not be subject to the competitive bidding requirements of section	51446
3313.46 of the Revised Code, and shall be on the following terms:	51447

(1) Not less than one-fifteenth of the costs thereof shall be	51448
paid within two years from the date of purchase.	51449

(2) The remaining balance of the costs thereof shall be paid	51450
within fifteen years from the date of purchase.	51451

The provisions of any installment payment contract entered	51452
into pursuant to this section shall provide that all payments,	51453
except payments for repairs and obligations on termination of the	51454
contract prior to its expiration, be stated as a percentage of	51455
calculated energy, water, or waste water cost savings, avoided	51456
operating costs, and avoided capital costs attributable to the one	51457
or more measures over a defined period of time. Those payments	51458
shall be made only to the extent that the savings described in	51459
this division actually occur. The contractor shall warrant and	51460
guarantee that the energy conservation measures shall realize	51461
guaranteed savings and shall be responsible to pay an amount equal	51462
to any savings shortfall.	51463

An installment payment contract entered into by a board of	51464
education under this section shall require the board to contract	51465
in accordance with division (A) of section 3313.46 of the Revised	51466
Code for the installation, modification, or remodeling of energy	51467
conservation measures unless division (A) of section 3313.46 of	51468
the Revised Code does not apply pursuant to division (B)(3) of	51469
that section.	51470

(C) The board may issue the notes of the school district	51471
signed by the president and the treasurer of the board and	51472
specifying the terms of the purchase and securing the deferred	51473
payments provided in this section, payable at the times provided	51474
and bearing interest at a rate not exceeding the rate determined	51475
as provided in section 9.95 of the Revised Code. The notes may	51476
contain an option for prepayment and shall not be subject to	51477
Chapter 133. of the Revised Code. In the resolution authorizing	51478
the notes, the board may provide, without the vote of the electors	51479
of the district, for annually levying and collecting taxes in	51480
amounts sufficient to pay the interest on and retire the notes,	51481
except that the total net indebtedness of the district without a	51482
vote of the electors incurred under this and all other sections of	51483
the Revised Code, except section 3318.052 of the Revised Code,	51484
shall not exceed one per cent of the district's tax valuation.	51485
Revenues derived from local taxes or otherwise, for the purpose of	51486
conserving energy or for defraying the current operating expenses	51487
of the district, may be applied to the payment of interest and the	51488
retirement of such notes. The notes may be sold at private sale or	51489
given to the contractor under the installment payment contract	51490
authorized by division (B) of this section.	51491

(D) Debt incurred under this section shall not be included in	51492
the calculation of the net indebtedness of a school district under	51493
section 133.06 of the Revised Code.	51494

(E) No school district board shall enter into an installment	51495
payment contract under division (B) of this section unless it	51496
first obtains a report of the costs of the energy conservation	51497
measures and the savings thereof as described under division (G)	51498
of section 133.06 of the Revised Code as a requirement for issuing	51499
energy securities, makes a finding that the amount spent on such	51500
measures is not likely to exceed the amount of money it would save	51501
in energy costs and resultant operational and maintenance costs as	51502
described in that division, except that that finding shall cover	51503
the ensuing fifteen years, and the Ohio school facilities	51504
commission determines that the district board's findings are	51505
reasonable and approves the contract as described in that	51506
division.	51507

The district board shall monitor the savings and maintain a	51508
report of those savings, which shall be submitted to the	51509
commission in the same manner as required by division (G) of	51510
section 133.06 of the Revised Code in the case of energy	51511
securities.	51512

Sec. 3313.376. As used in this section, "client school	51513
district" ~~has the same meaning as in section 3317.11 of the~~	51514
~~Revised Code~~means a city, exempted village, or local school	51515
district that has entered into an agreement under section 3313.843	51516
or 3313.845 of the Revised Code to receive any services from an	51517
educational service center.	51518

For the purpose of obtaining quantity discounts in purchasing	51519
textbooks; computer equipment, including computer software; school	51520
buses; and natural gas, electricity, and other utility services,	51521
the governing boards of two or more educational service centers	51522
may enter into agreements, including installment purchase and	51523
lease-purchase contracts, to jointly purchase such commodities to	51524
be utilized by client school districts of the educational service	51525
centers.	51526

Sec. 3313.48. (A) The board of education of each city,	51527
exempted village, local, and joint vocational school district	51528
shall provide for the free education of the youth of school age	51529
within the district under its jurisdiction, at such places as will	51530
be most convenient for the attendance of the largest number	51531
thereof. ~~Except as provided in section 3313.481 of the Revised~~	51532
~~Code, each~~Each school so provided and each chartered nonpublic	51533
school shall be open for instruction with pupils in attendance,	51534
including scheduled classes, supervised activities, and approved	51535
education options but excluding lunch and breakfast periods and	51536
extracurricular activities, for not less than ~~one hundred~~	51537
~~eighty-two days~~four hundred fifty-five hours in the case of	51538
pupils in kindergarten unless such pupils are provided all-day	51539
kindergarten, as defined in section 3321.05 of the Revised Code,	51540
in which case the pupils shall be in attendance for nine hundred	51541
ten hours; nine hundred ten hours in the case of pupils in grades	51542
one through six; and one thousand one hours in the case of pupils	51543
in grades seven through twelve in each school year, which may	51544
include all of the following:	51545

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	51546
~~in which classes are dismissed one-half day early or the~~	51547
~~equivalent amount of time during a different number of days~~during	51548
which pupils would otherwise be in attendance but are not required	51549
to attend for the purpose of individualized parent-teacher	51550
conferences and reporting periods;	51551

~~(B)~~(2) Up to the equivalent of two school days per year	51552
during which pupils would otherwise be in attendance but are not	51553
required to attend for professional meetings of teachers ~~when such~~	51554
~~days occur during a regular school week and schools are not in~~	51555
~~session~~;	51556

~~(C) The number of days the school is closed as a result of~~	51557
~~public calamity, as provided in section 3317.01 of the Revised~~	51558
~~Code~~(3) Morning and afternoon recess periods of not more than	51559
fifteen minutes duration per period for pupils in grades	51560
kindergarten through six.	51561

~~The state board of education shall adopt standards for~~	51562
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	51563
~~the Revised Code.~~	51564

~~Except as otherwise provided in this section, each day for~~	51565
~~grades seven through twelve shall consist of not less than five~~	51566
~~clock hours with pupils in attendance, except in such emergency~~	51567
~~situations, including lack of classroom space, as are approved by~~	51568
~~the state board of education. Except as otherwise provided in this~~	51569
~~section, each day for grades one through six shall consist of not~~	51570
~~less than five clock hours with pupils in attendance which may~~	51571
~~include fifteen minute morning and afternoon recess periods,~~	51572
~~except in such emergency situations, including lack of classroom~~	51573
~~space, as are approved by the state board of education.~~	51574

(B) Not later than thirty days prior to adopting a school	51575
calendar, the board of education of each city, exempted village,	51576
and local school district shall hold a public hearing on the	51577
school calendar, addressing topics that include, but are not	51578
limited to, the total number of hours in a school year, length of	51579
school day, and beginning and end dates of instruction.	51580

(C) No school operated by a city, exempted village, local, or	51581
joint vocational school district shall reduce the number of hours	51582
in each school year that the school is scheduled to be open for	51583
instruction from the number of hours per year the school was open	51584
for instruction during the previous school year unless the	51585
reduction is approved by a resolution adopted by the district	51586
board of education. Any reduction so approved shall not result in	51587
fewer hours of instruction per school year than the applicable	51588
number of hours required under division (A) of this section.	51589

(D) Prior to making any change in the hours or days in which	51590
a high school under its jurisdiction is open for instruction, the	51591
board of education of each city, exempted village, and local	51592
school district shall consider the compatibility of the proposed	51593
change with the scheduling needs of any joint vocational school	51594
district in which any of the high school's students are also	51595
enrolled. The board shall consider the impact of the proposed	51596
change on student access to the instructional programs offered by	51597
the joint vocational school district, incentives for students to	51598
participate in career-technical education, transportation, and the	51599
timing of graduation. The board shall provide the joint vocational	51600
school district board with advance notice of the proposed change	51601
and the two boards shall enter into a written agreement	51602
prescribing reasonable accommodations to meet the scheduling needs	51603
of the joint vocational school district prior to implementation of	51604
the change.	51605

(E) Prior to making any change in the hours or days in which	51606
a school under its jurisdiction is open for instruction, the board	51607
of education of each city, exempted village, and local school	51608
district shall consider the compatibility of the proposed change	51609
with the scheduling needs of any community school established	51610
under Chapter 3314. of the Revised Code to which the district is	51611
required to transport students under sections 3314.09 and 3327.01	51612
of the Revised Code. The board shall consider the impact of the	51613
proposed change on student access to the instructional programs	51614
offered by the community school, transportation, and the timing of	51615
graduation. The board shall provide the sponsor, governing	51616
authority, and operator of the community school with advance	51617
notice of the proposed change, and the board and the governing	51618
authority, or operator if such authority is delegated to the	51619
operator, shall enter into a written agreement prescribing	51620
reasonable accommodations to meet the scheduling needs of the	51621
community school prior to implementation of the change.	51622

(F) Prior to making any change in the hours or days in which	51623
the schools under its jurisdiction are open for instruction, the	51624
board of education of each city, exempted village, and local	51625
school district shall consult with the chartered nonpublic schools	51626
to which the district is required to transport students under	51627
section 3327.01 of the Revised Code and shall consider the effect	51628
of the proposed change on the schedule for transportation of those	51629
students to their nonpublic schools. The governing authority of a	51630
chartered nonpublic school shall consult with each school district	51631
board of education that transports students to the chartered	51632
nonpublic school under section 3327.01 of the Revised Code prior	51633
to making any change in the hours or days in which the nonpublic	51634
school is open for instruction.	51635

(G) The state board of education shall not adopt or enforce	51636
any rule or standard that imposes on chartered nonpublic schools	51637
the procedural requirements imposed on school districts by	51638
divisions (B), (C), (D), and (E) of this section.	51639

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	51640
the term "school day" is used, unless otherwise specified, that	51641
term shall be construed to mean the time during a calendar day	51642
that a school is open for instruction pursuant to the schedule	51643
adopted by the board of education of the school district or the	51644
governing authority of the chartered nonpublic school in	51645
accordance with section 3313.48 of the Revised Code.	51646

Sec. 3313.483. (A) A board of education, upon the adoption	51647
of a resolution stating that it may be financially unable to open	51648
on the day or to remain open for instruction on all days set forth	51649
in its adopted school calendar and pay all obligated expenses, or	51650
the superintendent of public instruction upon the issuance of	51651
written notification under division (B) of section 3313.489 of the	51652
Revised Code, shall request the auditor of state to determine	51653
whether such situation exists. The auditor shall deliver a copy of	51654
each request from a board of education to the superintendent of	51655
public instruction. In the case of a school district not under a	51656
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	51657
auditor shall not issue a finding under this section until written	51658
notification is received from the superintendent pursuant to	51659
section 3313.487 of the Revised Code.	51660

(B) If the auditor of state finds that the board of education	51661
has attempted to avail itself to the fullest extent authorized by	51662
law of all lawful revenue sources available to it except those	51663
authorized by section 5705.21 of the Revised Code, the auditor	51664
shall certify that finding to the superintendent of public	51665
instruction and the state board of education and shall certify the	51666
operating deficit the district will have at the end of the fiscal	51667
year if it commences or continues operating its instructional	51668
program in accordance with its adopted school calendar and pays	51669
all obligated expenses.	51670

(C) No board of education may delay the opening of its	51671
schools or close its schools for financial reasons. Upon the	51672
request of the superintendent of public instruction, the attorney	51673
general shall seek injunctive relief and any other relief required	51674
to enforce this prohibition in the court of common pleas of	51675
Franklin county. The court of common pleas of Franklin county has	51676
exclusive original jurisdiction over all such actions.	51677

(D) Upon the receipt of any certification of an operating	51678
deficit from the auditor of state, a board of education shall make	51679
application to a commercial bank, underwriter, or other	51680
prospective lender or purchaser of its obligations for a loan in	51681
an amount sufficient to enable the district to open or remain open	51682
for instruction on all days set forth in its adopted school	51683
calendar but not to exceed the amount of the deficit certified.	51684

(E)(1) Any board of education that has applied for and been	51685
denied a loan from a commercial bank, underwriter, or other	51686
prospective lender or purchaser of its obligations pursuant to	51687
division (D) of this section shall submit to the superintendent of	51688
public instruction a plan for implementing reductions in the	51689
school district's budget; apply for a loan from a commercial bank,	51690
underwriter, or other prospective lender or purchaser of its	51691
obligations in an amount not to exceed its certified deficit; and	51692
provide the superintendent such information as the superintendent	51693
requires concerning its application for such a loan. The board of	51694
education of a school district declared to be under a fiscal watch	51695
pursuant to division (A) of section 3316.03 of the Revised Code	51696
may, upon approval of the superintendent, utilize the financial	51697
plan required by section 3316.04 of the Revised Code, or	51698
applicable parts thereof, as the plan required under this	51699
division. The board of education of a school district declared to	51700
be under a fiscal emergency pursuant to division (B) of section	51701
3316.03 of the Revised Code may utilize the financial recovery	51702
plan for the district, or applicable parts thereof, as the plan	51703
required under this division. Except for the plan of a school	51704
district under a fiscal emergency, the superintendent shall	51705
evaluate, make recommendations concerning, and approve or	51706
disapprove each plan. When a plan is submitted, the superintendent	51707
shall immediately notify the members of the general assembly whose	51708
legislative districts include any or all of the territory of the	51709
school district submitting the plan.	51710

(2) The superintendent shall submit to the controlling board	51711
a copy of each plan the superintendent approves, or each plan	51712
submitted by a district under a fiscal emergency pursuant to	51713
division (B) of section 3316.03 of the Revised Code, and the	51714
general terms of each proposed loan, and shall make	51715
recommendations regarding the plan and whether a proposed loan to	51716
the board of education should be approved for payment as provided	51717
in division (E)(3) of this section. The controlling board shall	51718
approve or disapprove the plan and the proposed loan presented to	51719
it by the superintendent. In the case of a district not under a	51720
fiscal emergency pursuant to division (B) of section 3316.03 of	51721
the Revised Code, the controlling board may require a board of	51722
education to implement the superintendent's recommendations for	51723
expenditure reductions or impose other requirements. Loan	51724
repayments shall be in accordance with a schedule approved by the	51725
superintendent, except that the principal amount of the loan shall	51726
be payable in monthly, semiannual, or annual installments of	51727
principal and interest that are substantially equal principal and	51728
interest installments. Except as otherwise provided in division	51729
(E)(2) of this section, repayment shall be made no later than the	51730
fifteenth day of June of the second fiscal year following the	51731
approval of the loan. A school district with a certified deficit	51732
in excess of either twenty-five million dollars or fifteen per	51733
cent of the general fund expenditures of the district during the	51734
fiscal year shall repay the loan no later than the fifteenth day	51735
of June of the tenth fiscal year following the approval of the	51736
loan. In deciding whether to approve or disapprove a proposed	51737
loan, the controlling board shall consider the deficit certified	51738
by the auditor of state pursuant to this section. A board of	51739
education that has an outstanding loan approved pursuant to this	51740
section with a repayment date of more than two fiscal years after	51741
the date of approval of such loan may not apply for another loan	51742
with such a repayment date until the outstanding loan has been	51743
repaid.	51744

(3) If a board of education has submitted and received	51745
controlling board approval of a plan and proposed loan in	51746
accordance with this section, the superintendent of public	51747
instruction shall report to the controlling board the actual	51748
amounts loaned to the board of education. Such board of education	51749
shall request the superintendent to pay any funds the board of	51750
education would otherwise receive pursuant to Chapter 3306. of the	51751
Revised Code first directly to the holders of the board of	51752
education's notes, or an agent thereof, such amounts as are	51753
specified under the terms of the loan. Such payments shall be made	51754
only from and to the extent of money appropriated by the general	51755
assembly for purposes of such sections. No note or other	51756
obligation of the board of education under the loan constitutes an	51757
obligation nor a debt or a pledge of the faith, credit, or taxing	51758
power of the state, and the holder or owner of such note or	51759
obligation has no right to have taxes levied by the general	51760
assembly for the payment of such note or obligation, and such note	51761
or obligation shall contain a statement to that effect.	51762

(4) Pursuant to the terms of such a loan, a board of	51763
education may issue its notes in anticipation of the collection of	51764
its voted levies for current expenses or its receipt of such state	51765
funds or both. Such notes shall be issued in accordance with	51766
division (E) of section 133.10 of the Revised Code and constitute	51767
Chapter 133. securities to the extent such division and the	51768
otherwise applicable provisions of Chapter 133. of the Revised	51769
Code are not inconsistent with this section, provided that in any	51770
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	51771
(E)(2) of section 133.10 of the Revised Code do not apply to such	51772
notes.	51773

(5) Notwithstanding section 133.36 or 3313.17, any other	51774
section of the Revised Code, or any other provision of law, a	51775
board of education that has received a loan under this section may	51776
not declare bankruptcy, so long as any portion of such loan	51777
remains unpaid.	51778

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	51779
~~3313.4811~~, "board of education" or "district board" includes the	51780
financial planning and supervision commission of a school district	51781
under a fiscal emergency pursuant to Chapter 3316. of the Revised	51782
Code where such commission chooses to exercise the powers and	51783
duties otherwise required of the district board of education under	51784
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	51785
Revised Code.	51786

Sec. 3313.484. No loan shall be approved under sections	51787
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	51788
1998.	51789

By the last day of June each year, the department of	51790
education shall calculate and pay a subsidy to every school	51791
district that during the current fiscal year paid and was	51792
obligated to pay interest on a loan under sections 3313.483 to	51793
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	51794
simple interest. The amount of the subsidy shall equal the	51795
difference between the amount of interest the district paid and	51796
was obligated to pay during the year and the interest that the	51797
district would have been obligated to pay if the interest rate on	51798
the loan had been two per cent per year.	51799

Sec. 3313.488. (A) Within fifteen days ofafter the date a	51800
~~board of education requests that its school district be made~~	51801
~~subject to this section as authorized by section 3317.62 of the~~	51802
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	51803
order under section 3313.487 of the Revised Code making a school	51804
district subject to this section, the district's board of	51805
education shall prepare a fiscal statement of expenses and	51806
expenditures for the remainder of the current fiscal year. The	51807
fiscal statement shall be submitted to the superintendent of	51808
public instruction and shall set forth all revenues to be received	51809
by the district during the remainder of the fiscal year and their	51810
sources, the expenses to be incurred by the district during the	51811
remainder of the fiscal year, the outstanding and unpaid expenses	51812
at the time the fiscal statement is prepared and the date or dates	51813
by which such expenses must be paid, and such other information as	51814
the superintendent requires to enable the superintendent to ensure	51815
that during the remainder of the fiscal year, the district will	51816
not incur any expenses that will further impair its ability to	51817
operate an instructional program that meets or exceeds the minimum	51818
standards of the state board of education and requirements of the	51819
Revised Code during the current and ensuing fiscal years with the	51820
revenue available to it from existing revenue sources. The fiscal	51821
statement shall be presented in such detail and form as the	51822
superintendent prescribes. Beginning the tenth day after the	51823
fiscal statement is submitted and for the remainder of the fiscal	51824
year, the board shall not make any expenditure of money, make any	51825
employment, purchase, or rental contract, give any order involving	51826
the expenditure of money, or increase any wage or salary schedule	51827
unless the superintendent of public instruction has approved the	51828
fiscal statement in writing and the expenditure, contract, order,	51829
or schedule has been approved in writing by the superintendent as	51830
being in conformity with the fiscal statement.	51831

Any contract or expenditure made, order given, or schedule	51832
adopted or put into effect without the written approval of the	51833
superintendent of public instruction is void, and no warrant shall	51834
be issued in payment of any amount due thereon.	51835

(B) A board of education subject to division (A) of this	51836
section shall prepare a fiscal statement of expenses and	51837
expenditures for the ensuing fiscal year. The fiscal statement	51838
shall be submitted to the superintendent of public instruction and	51839
shall set forth all revenues to be received by the district during	51840
such year and their source, the expenses to be incurred by the	51841
district during such year, the outstanding and unpaid expenses on	51842
the first day of such fiscal year, the date or dates by which such	51843
expenses must be paid, and such other information as the	51844
superintendent requires to enable the superintendent to ensure	51845
that during such year, the district will not incur any expenses	51846
that will further impair its ability to operate an instructional	51847
program that meets or exceeds the minimum standards of the state	51848
board of education and requirements of the Revised Code during	51849
such year with the revenue available to it from existing revenue	51850
sources. The fiscal statement shall be presented at the time and	51851
in such detail and form as the superintendent prescribes. During	51852
the fiscal year following the year in which a board of education	51853
first becomes subject to division (A) of this section it shall not	51854
make any expenditure of money, make any employment, purchase, or	51855
rental contract, give any order involving the expenditure of	51856
money, or increase any wage or salary schedule unless the	51857
superintendent of public instruction has approved the fiscal	51858
statement submitted under this division in writing and has	51859
approved the expenditure, contract, order, or schedule in writing	51860
as being in conformity with the fiscal statement.	51861

Any contract or expenditure made, order given, or schedule	51862
adopted or put into effect without the written approval of the	51863
superintendent of public instruction is void, and no warrant shall	51864
be issued in payment of any amount due thereon.	51865

(C) The state board of education shall examine any fiscal	51866
statement presented to and approved by the superintendent of	51867
public instruction under division (B) of this section and shall	51868
determine whether the data set forth in the fiscal statement are	51869
factual and based upon assumptions that in its judgment are	51870
reasonable expectations consistent with acceptable governmental	51871
budget and accounting practices. If the state board so determines	51872
and finds that the revenues and expenditures in the fiscal	51873
statement are in balance for the fiscal year and the fiscal	51874
statement will enable the district to operate during such year	51875
without interrupting its school calendar, it shall certify its	51876
determination and finding to the district at least thirty days	51877
prior to the beginning of the fiscal year, and the district shall	51878
thereupon cease to be subject to this section. If the state board	51879
does not make such a determination and finding, the board of	51880
education and school district are subject to this division and	51881
division (B) of this section in the ensuing fiscal year and each	51882
fiscal year thereafter until the state board makes a	51883
determination, finding, and certification under this division.	51884

(D) Any officer, employee, or other person who knowingly	51885
expends or authorizes the expenditure of any public funds or	51886
knowingly authorizes or executes any contract, order, or schedule	51887
contrary to division (A) or (B) of this section or who knowingly	51888
expends or authorizes the expenditure of any public funds on any	51889
such void contract, order, or schedule is jointly and severally	51890
liable in person and upon any official bond that the officer,	51891
employee, or other person has given to such school district to the	51892
extent of any payments on the void claim, not to exceed twenty	51893
thousand dollars. The attorney general at the written request of	51894
the superintendent of public instruction shall enforce this	51895
liability by civil action brought in any court of appropriate	51896
jurisdiction in the name of and on behalf of the school district.	51897

(E) During each month that a board of education is subject to	51898
division (A), (B), or (C) of this section, the superintendent of	51899
public instruction shall submit a report to the speaker of the	51900
house of representatives and the president of the senate on the	51901
financial condition of the school district. The report shall	51902
contain the date by which the superintendent anticipates the	51903
district will cease to be subject to such divisions, the	51904
district's plans for becoming exempt from such section, and such	51905
other information the superintendent determines appropriate or the	51906
speaker of the house of representatives or president of the senate	51907
requests.	51908

In addition to the other reports required under this	51909
division, on the thirty-first day of each school district fiscal	51910
year following a fiscal year in which a school district first	51911
becomes subject to this section, the superintendent shall submit a	51912
written report to the speaker of the house of representatives and	51913
the president of the senate. The report shall include	51914
recommendations to the general assembly for strengthening the	51915
financial condition of school districts based upon the experiences	51916
of the superintendent and the state board in exercising their	51917
powers under this section and sections 3313.483 and 3313.487 of	51918
the Revised Code.	51919

(F) This section does not apply to a school district declared	51920
to be under a fiscal emergency pursuant to division (B) of section	51921
3316.03 of the Revised Code.	51922

Sec. 3313.4810. Any school district receiving a loan under	51923
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	51924
per cent of the general fund expenditures of the district during	51925
the fiscal year in which the loan is received and that has	51926
received a loan under that section within the last five years is	51927
subject to section 3313.488 of the Revised Code for the duration	51928
of the fiscal year in which the district receives the loan and	51929
during the ensuing two fiscal years. The controlling board may not	51930
relieve a school district to which this section applies from any	51931
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	51932
Revised Code to implement recommendations of the superintendent of	51933
public instruction for expenditure reduction and may not modify	51934
any other requirements imposed under such section upon such a	51935
district as a condition for receiving the loan unless expressly	51936
authorized to do so by law. The superintendent of public	51937
instruction shall, among any recommendations hethe superintendent	51938
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	51939
of the Revised Code affecting the number of employees of a school	51940
district to which this section applies, provide wherever possible	51941
for the retention of teachers who are actually involved in the	51942
daily teaching of students in the classroom.	51943

Sec. 3313.533. (A) The board of education of a city,	51944
exempted village, or local school district may adopt a resolution	51945
to establish and maintain an alternative school in accordance with	51946
this section. The resolution shall specify, but not necessarily be	51947
limited to, all of the following:	51948

(1) The purpose of the school, which purpose shall be to	51949
serve students who are on suspension, who are having truancy	51950
problems, who are experiencing academic failure, who have a	51951
history of class disruption, who are exhibiting other academic or	51952
behavioral problems specified in the resolution, or who have been	51953
discharged or released from the custody of the department of youth	51954
services under section 5139.51 of the Revised Code;	51955

(2) The grades served by the school, which may include any of	51956
grades kindergarten through twelve;	51957

(3) A requirement that the school be operated in accordance	51958
with this section. The board of education adopting the resolution	51959
under division (A) of this section shall be the governing board of	51960
the alternative school. The board shall develop and implement a	51961
plan for the school in accordance with the resolution establishing	51962
the school and in accordance with this section. Each plan shall	51963
include, but not necessarily be limited to, all of the following:	51964

(a) Specification of the reasons for which students will be	51965
accepted for assignment to the school and any criteria for	51966
admission that are to be used by the board to approve or	51967
disapprove the assignment of students to the school;	51968

(b) Specification of the criteria and procedures that will be	51969
used for returning students who have been assigned to the school	51970
back to the regular education program of the district;	51971

(c) An evaluation plan for assessing the effectiveness of the	51972
school and its educational program and reporting the results of	51973
the evaluation to the public.	51974

(B) Notwithstanding any provision of Title XXXIII of the	51975
Revised Code to the contrary, the alternative school plan may	51976
include any of the following:	51977

(1) A requirement that on each school day students must	51978
attend school or participate in other programs specified in the	51979
plan or by the chief administrative officer of the school for a	51980
period equal to the minimum school day set by the ~~state~~ board of	51981
education under section 3313.48 of the Revised Code plus any	51982
additional time required in the plan or by the chief	51983
administrative officer;	51984

(2) Restrictions on student participation in extracurricular	51985
or interscholastic activities;	51986

(3) A requirement that students wear uniforms prescribed by	51987
the district board of education.	51988

(C) In accordance with the alternative school plan, the	51989
district board of education may employ teachers and nonteaching	51990
employees necessary to carry out its duties and fulfill its	51991
responsibilities or may contract with a nonprofit or for profit	51992
entity to operate the alternative school, including the provision	51993
of personnel, supplies, equipment, or facilities.	51994

(D) An alternative school may be established in all or part	51995
of a school building.	51996

(E) If a district board of education elects under this	51997
section, or is required by section 3313.534 of the Revised Code,	51998
to establish an alternative school, the district board may join	51999
with the board of education of one or more other districts to form	52000
a joint alternative school by forming a cooperative education	52001
school district under section 3311.52 or 3311.521 of the Revised	52002
Code, or a joint educational program under section 3313.842 of the	52003
Revised Code. The authority to employ personnel or to contract	52004
with a nonprofit or for profit entity under division (C) of this	52005
section applies to any alternative school program established	52006
under this division.	52007

(F) Any individual employed as a teacher at an alternative	52008
school operated by a nonprofit or for profit entity under this	52009
section shall be licensed and shall be subject to background	52010
checks, as described in section 3319.39 of the Revised Code, in	52011
the same manner as an individual employed by a school district.	52012

(G) Division (G) of this section applies only to any	52013
alternative school that is operated by a nonprofit or for profit	52014
entity under contract with the school district.	52015

(1) In addition to the specifications authorized under	52016
division (B) of this section, any plan adopted under that division	52017
for an alternative school to which division (G) of this section	52018
also applies shall include the following:	52019

(a) A description of the educational program provided at the	52020
alternative school, which shall include:	52021

(i) Provisions for the school to be configured in clusters or	52022
small learning communities;	52023

(ii) Provisions for the incorporation of education technology	52024
into the curriculum;	52025

(iii) Provisions for accelerated learning programs in reading	52026
and mathematics.	52027

(b) A method to determine the reading and mathematics level	52028
of each student assigned to the alternative school and a method to	52029
continuously monitor each student's progress in those areas. The	52030
methods employed under this division shall be aligned with the	52031
curriculum adopted by the school district board of education under	52032
section 3313.60 of the Revised Code.	52033

(c) A plan for social services to be provided at the	52034
alternative school, such as, but not limited to, counseling	52035
services, psychological support services, and enrichment programs;	52036

(d) A plan for a student's transition from the alternative	52037
school back to a school operated by the school district;	52038

(e) A requirement that the alternative school maintain	52039
financial records in a manner that is compatible with the form	52040
prescribed for school districts by the auditor of state to enable	52041
the district to comply with any rules adopted by the auditor of	52042
state.	52043

(2) Notwithstanding division (A)(2) of this section, any	52044
alternative school to which division (G) of this section applies	52045
shall include only grades six through twelve.	52046

(3) Notwithstanding anything in division (A)(3)(a) of this	52047
section to the contrary, the characteristics of students who may	52048
be assigned to an alternative school to which division (G) of this	52049
section applies shall include only disruptive and low-performing	52050
students.	52051

(H) When any district board of education determines to	52052
contract with a nonprofit or for profit entity to operate an	52053
alternative school under this section, the board shall use the	52054
procedure set forth in this division.	52055

(1) The board shall publish notice of a request for proposals	52056
in a newspaper of general circulation in the district once each	52057
week for a period of two consecutive weeks, or as provided in	52058
section 7.16 of the Revised Code, prior to the date specified by	52059
the board for receiving proposals. Notices of requests for	52060
proposals shall contain a general description of the subject of	52061
the proposed contract and the location where the request for	52062
proposals may be obtained. The request for proposals shall include	52063
all of the following information:	52064

(a) Instructions and information to respondents concerning	52065
the submission of proposals, including the name and address of the	52066
office where proposals are to be submitted;	52067

(b) Instructions regarding communications, including at least	52068
the names, titles, and telephone numbers of persons to whom	52069
questions concerning a proposal may be directed;	52070

(c) A description of the performance criteria that will be	52071
used to evaluate whether a respondent to which a contract is	52072
awarded is meeting the district's educational standards or the	52073
method by which such performance criteria will be determined;	52074

(d) Factors and criteria to be considered in evaluating	52075
proposals, the relative importance of each factor or criterion,	52076
and a description of the evaluation procedures to be followed;	52077

(e) Any terms or conditions of the proposed contract,	52078
including any requirement for a bond and the amount of such bond;	52079

(f) Documents that may be incorporated by reference into the	52080
request for proposals, provided that the request for proposals	52081
specifies where such documents may be obtained and that such	52082
documents are readily available to all interested parties.	52083

(2) After the date specified for receiving proposals, the	52084
board shall evaluate the submitted proposals and may hold	52085
discussions with any respondent to ensure a complete understanding	52086
of the proposal and the qualifications of such respondent to	52087
execute the proposed contract. Such qualifications shall include,	52088
but are not limited to, all of the following:	52089

(a) Demonstrated competence in performance of the required	52090
services as indicated by effective implementation of educational	52091
programs in reading and mathematics and at least three years of	52092
experience successfully serving a student population similar to	52093
the student population assigned to the alternative school;	52094

(b) Demonstrated performance in the areas of cost	52095
containment, the provision of educational services of a high	52096
quality, and any other areas determined by the board;	52097

(c) Whether the respondent has the resources to undertake the	52098
operation of the alternative school and to provide qualified	52099
personnel to staff the school;	52100

(d) Financial responsibility.

52101

(3) The board shall select for further review at least three	52102
proposals from respondents the board considers qualified to	52103
operate the alternative school in the best interests of the	52104
students and the district. If fewer than three proposals are	52105
submitted, the board shall select each proposal submitted. The	52106
board may cancel a request for proposals or reject all proposals	52107
at any time prior to the execution of a contract.	52108

The board may hold discussions with any of the three selected	52109
respondents to clarify or revise the provisions of a proposal or	52110
the proposed contract to ensure complete understanding between the	52111
board and the respondent of the terms under which a contract will	52112
be entered. Respondents shall be accorded fair and equal treatment	52113
with respect to any opportunity for discussion regarding	52114
clarifications or revisions. The board may terminate or	52115
discontinue any further discussion with a respondent upon written	52116
notice.	52117

(4) Upon further review of the three proposals selected by	52118
the board, the board shall award a contract to the respondent the	52119
board considers to have the most merit, taking into consideration	52120
the scope, complexity, and nature of the services to be performed	52121
by the respondent under the contract.	52122

(5) Except as provided in division (H)(6) of this section,	52123
the request for proposals, submitted proposals, and related	52124
documents shall become public records under section 149.43 of the	52125
Revised Code after the award of the contract.	52126

(6) Any respondent may request in writing that the board not	52127
disclose confidential or proprietary information or trade secrets	52128
contained in the proposal submitted by the respondent to the	52129
board. Any such request shall be accompanied by an offer of	52130
indemnification from the respondent to the board. The board shall	52131
determine whether to agree to the request and shall inform the	52132
respondent in writing of its decision. If the board agrees to	52133
nondisclosure of specified information in a proposal, such	52134
information shall not become a public record under section 149.43	52135
of the Revised Code. If the respondent withdraws its proposal at	52136
any time prior to the execution of a contract, the proposal shall	52137
not be a public record under section 149.43 of the Revised Code.	52138

(I) Upon a recommendation from the department and in	52139
accordance with section 3301.16 of the Revised Code, the state	52140
board of education may revoke the charter of any alternative	52141
school operated by a school district that violates this section.	52142

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

52143

"Physician" means a person authorized under Chapter 4731. of	52144
the Revised Code to practice medicine and surgery or osteopathic	52145
medicine and surgery.	52146

"Chiropractor" means a person licensed under Chapter 4734. of	52147
the Revised Code to practice chiropractic.	52148

(B) No school district board of education or governing	52149
authority of a chartered or nonchartered nonpublic school shall	52150
permit a student to practice for or compete in interscholastic	52151
athletics until the student has submitted, to a school official	52152
designated by the board or governing authority, a form signed by	52153
the parent, guardian, or other person having care or charge of the	52154
student stating that the student and the parent, guardian, or	52155
other person having care or charge of the student have received	52156
the concussion and head injury information sheet required by	52157
section 3707.52 of the Revised Code. A completed form shall be	52158
submitted each school year, as defined in section 3313.62 of the	52159
Revised Code, for each sport or other category of interscholastic	52160
athletics for or in which the student practices or competes.	52161

(C)(1) No school district board of education or governing	52162
authority of a chartered or nonchartered nonpublic school shall	52163
permit an individual to coach interscholastic athletics unless the	52164
individual holds a pupil-activity program permit issued under	52165
section 3319.303 of the Revised Code for coaching interscholastic	52166
athletics.	52167

(2) No school district board of education or governing	52168
authority of a chartered or nonchartered nonpublic school shall	52169
permit an individual to referee interscholastic athletics unless	52170
the individual holds a pupil-activity program permit issued under	52171
section 3319.303 of the Revised Code for coaching interscholastic	52172
athletics or presents evidence that the individual has	52173
successfully completed, within the previous three years, a	52174
training program in recognizing the symptoms of concussions and	52175
head injuries to which the department of health has provided a	52176
link on its internet web site under section 3707.52 of the Revised	52177
Code or a training program authorized and required by an	52178
organization that regulates interscholastic conferences or events.	52179

(D) If a student practicing for or competing in an	52180
interscholastic athletic event exhibits signs, symptoms, or	52181
behaviors consistent with having sustained a concussion or head	52182
injury while participating in the practice or competition, the	52183
student shall be removed from the practice or competition by	52184
either of the following:	52185

(1) The individual who is serving as the student's coach	52186
during that practice or competition;	52187

(2) An individual who is serving as a referee during that	52188
practice or competition.	52189

(E)(1) If a student is removed from practice or competition	52190
under division (D) of this section, the coach or referee who	52191
removed the student shall not allow the student, on the same day	52192
the student is removed, to return to that practice or competition	52193
or to participate in any other practice or competition for which	52194
the coach or referee is responsible. Thereafter, the coach or	52195
referee shall not allow the student to return to that practice or	52196
competition or to participate in any other practice or competition	52197
for which the coach or referee is responsible until both of the	52198
following conditions are satisfied:	52199

(a) The student's condition is assessed by ~~either~~any of the	52200
following:	52201

(i) A physician;

52202

(ii) A chiropractor;

52203

(iii) Any other licensed health care provider the school	52204
district board of education or governing authority of the	52205
chartered or nonchartered nonpublic school, pursuant to division	52206
(E)(2) of this section, authorizes to assess a student who has	52207
been removed from practice or competition under division (D) of	52208
this section.	52209

(b) The student receives written clearance that it is safe	52210
for the student to return to practice or competition from a	52211
physician, chiropractor, or ~~from~~ another licensed health care	52212
provider authorized pursuant to division (E)(2) of this section to	52213
grant the clearance.	52214

(2) A school district board of education or governing	52215
authority of a chartered or nonchartered nonpublic school may	52216
authorize a licensed health care provider who is not a physician	52217
or a chiropractor to make an assessment or grant a clearance for	52218
purposes of division (E)(1) of this section only if the provider	52219
is acting in accordance with one of the following, as applicable	52220
to the provider's authority to practice in this state:	52221

(a) In consultation with a physician;

52222

(b) Pursuant to the referral of a physician;

52223

52224

(d) Under the supervision of a physician.

52225

(3) A physician, chiropractor, or other licensed health care	52226
provider who makes an assessment or grants a clearance for	52227
purposes of division (E)(1) of this section may be a volunteer.	52228

(F) A school district board of education or governing	52229
authority of a chartered or nonchartered nonpublic school that is	52230
subject to the rules of an interscholastic conference or an	52231
organization that regulates interscholastic conferences or events	52232
shall be considered to be in compliance with divisions (B), (D),	52233
and (E) of this section, as long as the requirements of those	52234
rules are substantially similar to the requirements of divisions	52235
(B), (D), and (E) of this section.	52236

(G)(1) A school district, member of a school district board	52237
of education, or school district employee or volunteer, including	52238
a coach or referee, is not liable in damages in a civil action for	52239
injury, death, or loss to person or property allegedly arising	52240
from providing services or performing duties under this section,	52241
unless the act or omission constitutes willful or wanton	52242
misconduct.	52243

This section does not eliminate, limit, or reduce any other	52244
immunity or defense that a school district, member of a school	52245
district board of education, or school district employee or	52246
volunteer, including a coach or referee, may be entitled to under	52247
Chapter 2744. or any other provision of the Revised Code or under	52248
the common law of this state.	52249

(2) A chartered or nonchartered nonpublic school or any	52250
officer, director, employee, or volunteer of the school, including	52251
a coach or referee, is not liable in damages in a civil action for	52252
injury, death, or loss to person or property allegedly arising	52253
from providing services or performing duties under this section,	52254
unless the act or omission constitutes willful or wanton	52255
misconduct.	52256

Sec. 3313.5311. (A) As used in this section and in section	52257
3313.5312 of the Revised Code, "extracurricular activity" has the	52258
same meaning as in section 3313.537 of the Revised Code.	52259

(B) If the nonpublic school in which the student is enrolled	52260
does not offer the extracurricular activity, a student enrolled in	52261
a chartered or nonchartered nonpublic school shall be afforded, by	52262
the superintendent of the school district in which the student is	52263
entitled to attend school under section 3313.64 or 3313.65 of the	52264
Revised Code, the opportunity to participate in that	52265
extracurricular activity at the district school to which the	52266
student otherwise would be assigned during that school year. If	52267
more than one school operated by the school district serves the	52268
student's grade level, as determined by the district	52269
superintendent based on the student's age and academic	52270
performance, the student shall be afforded the opportunity to	52271
participate in that extracurricular activity at the school to	52272
which the student would be assigned by the superintendent under	52273
section 3319.01 of the Revised Code.	52274

(C) The superintendent of any school district may afford any	52275
student enrolled in a nonpublic school, and who is not entitled to	52276
attend school in the district under section 3313.64 or 3313.65 of	52277
the Revised Code, the opportunity to participate in an	52278
extracurricular activity offered by a school of the district, if	52279
both of the following apply:	52280

(1) The nonpublic school in which the student is enrolled	52281
does not offer the extracurricular activity;	52282

(2) The extracurricular activity is not interscholastic	52283
athletics or interscholastic contests or competition in music,	52284
drama, or forensics.	52285

(D) In order to participate in an extracurricular activity	52286
under this section, the student shall be of the appropriate age	52287
and grade level, as determined by the superintendent of the	52288
district, for the school that offers the extracurricular activity,	52289
and shall fulfill the same academic, nonacademic, and financial	52290
requirements as any other participant.	52291

(E) No school district shall impose additional rules on a	52292
student to participate under this section that do not apply to	52293
other students participating in the same extracurricular activity.	52294
No district shall impose additional fees for a student to	52295
participate under this section that exceed any fees charged to	52296
other students participating in the same extracurricular activity.	52297

(F) A school district board of education may require a	52298
student enrolled in a chartered or nonchartered nonpublic school	52299
to enroll and participate in not more than one academic course at	52300
the school offering the extracurricular activity as a condition to	52301
participating in the activity. In that case, the board shall admit	52302
students seeking to enroll in an academic course to fulfill the	52303
requirement as space allows after first enrolling students	52304
assigned to that school.	52305

(G) No school district, interscholastic conference, or	52306
organization that regulates interscholastic conferences or events	52307
shall require a student who is eligible to participate in	52308
interscholastic extracurricular activities under this section to	52309
meet eligibility requirements that conflict with this section.	52310

Sec. 3313.5312. (A) A student who is receiving home	52311
instruction in accordance with division (A)(2) of section 3321.04	52312
of the Revised Code shall be afforded, by the superintendent of	52313
the school district in which the student is entitled to attend	52314
school under section 3313.64 or 3313.65 of the Revised Code, the	52315
opportunity to participate in any extracurricular activity offered	52316
at the district school to which the student otherwise would be	52317
assigned during that school year. If more than one school operated	52318
by the school district serves the student's grade level, as	52319
determined by the district superintendent based on the student's	52320
age and academic performance, the student shall be afforded the	52321
opportunity to participate in extracurricular activities at the	52322
school to which the student would be assigned by the	52323
superintendent under section 3319.01 of the Revised Code. If a	52324
student who is afforded the opportunity to participate in	52325
extracurricular activities under division (A) of this section	52326
wishes to participate in an activity that is offered by the	52327
district, the student shall not participate in that activity at	52328
another school or school district to which the student is not	52329
entitled to attend.	52330

(B) The superintendent of any school district may afford any	52331
student who receives home instruction under division (A)(2) of	52332
section 3321.04 of the Revised Code, and who is not entitled to	52333
attend school in the district under section 3313.64 or 3313.65 of	52334
the Revised Code, the opportunity to participate in any	52335
extracurricular activity offered by a school of the district, if	52336
the district to which the student is entitled to attend does not	52337
offer that extracurricular activity.	52338

(C) In order to participate in an extracurricular activity	52339
under this section, the student shall be of the appropriate age	52340
and grade level, as determined by the superintendent of the	52341
district, for the school that offers the extracurricular activity,	52342
shall fulfill the same nonacademic and financial requirements as	52343
any other participant, and shall fulfill either of the following	52344
academic requirements:	52345

(1) If the student received home instruction in the preceding	52346
grading period, the student shall meet any academic requirements	52347
established by the state board of education for the continuation	52348
of home instruction.	52349

(2) If the student did not receive home instruction in the	52350
preceding grading period, the student's academic performance	52351
during the preceding grading period shall have met any academic	52352
standards for eligibility to participate in the program	52353
established by the school district.	52354

(D) Eligibility for a student who leaves a school district	52355
mid-year for home instruction shall be determined based on an	52356
interim academic assessment issued by the district in which the	52357
student was enrolled based on the student's work while enrolled in	52358
that district.	52359

(E) Any student who commences home instruction after the	52360
beginning of a school year and who is, at the time home	52361
instruction commences, ineligible to participate in an	52362
extracurricular activity due to failure to meet academic standards	52363
or any other requirements of the district shall not participate in	52364
the extracurricular activity under this section until the student	52365
meets the academic requirements established by the state board of	52366
education for continuation of home instruction as verified by the	52367
superintendent of the district. No student under this section	52368
shall be eligible to participate in the same semester in which the	52369
student was determined ineligible.	52370

(F) No school district shall impose additional rules on a	52371
student to participate under this section that do not apply to	52372
other students participating in the same extracurricular activity.	52373
No district shall impose fees for a student to participate under	52374
this section that exceed any fees charged to other students	52375
participating in the same extracurricular activity.	52376

(G) A school district board of education may require a	52377
student who receives home instruction under division (A)(2) of	52378
section 3321.04 of the Revised Code to enroll and participate in	52379
not more than one academic course at the school offering the	52380
extracurricular activity as a condition to participating in the	52381
activity. In that case, the board shall admit students seeking to	52382
enroll in an academic course to fulfill the requirement as space	52383
allows after first enrolling students assigned to that school.	52384

(H) No school district, interscholastic conference, or	52385
organization that regulates interscholastic conferences or events	52386
shall require a student who is eligible to participate in	52387
interscholastic extracurricular activities under this section to	52388
meet eligibility requirements that conflict with this section.	52389

Sec. 3313.60. Notwithstanding division (D) of section	52390
3311.52 of the Revised Code, divisions (A) to (E) of this section	52391
do not apply to any cooperative education school district	52392
established pursuant to divisions (A) to (C) of section 3311.52 of	52393
the Revised Code.	52394

(A) The board of education of each city ~~and~~, exempted	52395
village, and local school district~~, the governing board of each~~	52396
~~educational service center,~~ and the board of each cooperative	52397
education school district established, pursuant to section	52398
3311.521 of the Revised Code, shall prescribe a curriculum for all	52399
schools under ~~their~~its control. Except as provided in division	52400
(E) of this section, in any such curriculum there shall be	52401
included the study of the following subjects:	52402

(1) The language arts, including reading, writing, spelling,	52403
oral and written English, and literature;	52404

(2) Geography, the history of the United States and of Ohio,	52405
and national, state, and local government in the United States,	52406
including a balanced presentation of the relevant contributions to	52407
society of men and women of African, Mexican, Puerto Rican, and	52408
American Indian descent as well as other ethnic and racial groups	52409
in Ohio and the United States;	52410

(3) Mathematics;

52411

(4) Natural science, including instruction in the	52412
conservation of natural resources;	52413

(5) Health education, which shall include instruction in:

52414

(a) The nutritive value of foods, including natural and	52415
organically produced foods, the relation of nutrition to health,	52416
and the use and effects of food additives;	52417

(b) The harmful effects of and legal restrictions against the	52418
use of drugs of abuse, alcoholic beverages, and tobacco;	52419

(c) Venereal disease education, except that upon written	52420
request of the student's parent or guardian, a student shall be	52421
excused from taking instruction in venereal disease education;	52422

(d) In grades kindergarten through six, instruction in	52423
personal safety and assault prevention, except that upon written	52424
request of the student's parent or guardian, a student shall be	52425
excused from taking instruction in personal safety and assault	52426
prevention;	52427

(e) In grades seven through twelve, age-appropriate	52428
instruction in dating violence prevention education, which shall	52429
include instruction in recognizing dating violence warning signs	52430
and characteristics of healthy relationships.	52431

In order to assist school districts in developing a dating	52432
violence prevention education curriculum, the department of	52433
education shall provide on its web site links to free curricula	52434
addressing dating violence prevention.	52435

If the parent or legal guardian of a student less than	52436
eighteen years of age submits to the principal of the student's	52437
school a written request to examine the dating violence prevention	52438
instruction materials used at that school, the principal, within a	52439
reasonable period of time after the request is made, shall allow	52440
the parent or guardian to examine those materials at that school.	52441

(6) Physical education;

52442

(7) The fine arts, including music;

52443

(8) First aid, including a training program in	52444
cardiopulmonary resuscitation, safety, and fire prevention, except	52445
that upon written request of the student's parent or guardian, a	52446
student shall be excused from taking instruction in	52447
cardiopulmonary resuscitation.	52448

(B) Except as provided in division (E) of this section, every	52449
school or school district shall include in the requirements for	52450
promotion from the eighth grade to the ninth grade one year's	52451
course of study of American history. A board may waive this	52452
requirement for academically accelerated students who, in	52453
accordance with procedures adopted by the board, are able to	52454
demonstrate mastery of essential concepts and skills of the eighth	52455
grade American history course of study.	52456

(C) As specified in divisions (B)(6) and (C)(6) of section	52457
3313.603 of the Revised Code, except as provided in division (E)	52458
of this section, every high school shall include in the	52459
requirements for graduation from any curriculum one-half unit each	52460
of American history and government.	52461

(D) Except as provided in division (E) of this section, basic	52462
instruction or demonstrated mastery in geography, United States	52463
history, the government of the United States, the government of	52464
the state of Ohio, local government in Ohio, the Declaration of	52465
Independence, the United States Constitution, and the Constitution	52466
of the state of Ohio shall be required before pupils may	52467
participate in courses involving the study of social problems,	52468
economics, foreign affairs, United Nations, world government,	52469
socialism, and communism.	52470

(E) For each cooperative education school district	52471
established pursuant to section 3311.521 of the Revised Code and	52472
each city, exempted village, and local school district that has	52473
territory within such a cooperative district, the curriculum	52474
adopted pursuant to divisions (A) to (D) of this section shall	52475
only include the study of the subjects that apply to the grades	52476
operated by each such school district. The curriculums for such	52477
schools, when combined, shall provide to each student of these	52478
districts all of the subjects required under divisions (A) to (D)	52479
of this section.	52480

(F) The board of education of any cooperative education	52481
school district established pursuant to divisions (A) to (C) of	52482
section 3311.52 of the Revised Code shall prescribe a curriculum	52483
for the subject areas and grade levels offered in any school under	52484
its control.	52485

(G) Upon the request of any parent or legal guardian of a	52486
student, the board of education of any school district shall	52487
permit the parent or guardian to promptly examine, with respect to	52488
the parent's or guardian's own child:	52489

(1) Any survey or questionnaire, prior to its administration	52490
to the child;	52491

(2) Any textbook, workbook, software, video, or other	52492
instructional materials being used by the district in connection	52493
with the instruction of the child;	52494

(3) Any completed and graded test taken or survey or	52495
questionnaire filled out by the child;	52496

(4) Copies of the statewide academic standards and each model	52497
curriculum developed pursuant to section 3301.079 of the Revised	52498
Code, which copies shall be available at all times during school	52499
hours in each district school building.	52500

Sec. 3313.603. (A) As used in this section:

52501

(1) "One unit" means a minimum of one hundred twenty hours of	52502
course instruction, except that for a laboratory course, "one	52503
unit" means a minimum of one hundred fifty hours of course	52504
instruction.	52505

(2) "One-half unit" means a minimum of sixty hours of course	52506
instruction, except that for physical education courses, "one-half	52507
unit" means a minimum of one hundred twenty hours of course	52508
instruction.	52509

(3) "Internet- or computer-based community school" has the	52510
same meaning as in section 3314.02 of the Revised Code.	52511

(4) "Child with a disability" and "IEP" have the same	52512
meanings as in section 3323.01 of the Revised Code.	52513

(B) Beginning September 15, 2001, except as required in	52514
division (C) of this section and division (C) of section 3313.614	52515
of the Revised Code, the requirements for graduation from every	52516
high school shall include twenty units earned in grades nine	52517
through twelve and shall be distributed as follows:	52518

(1) English language arts, four units;

52519

(2) Health, one-half unit;

52520

(3) Mathematics, three units;

52521

(4) Physical education, one-half unit;

52522

(5) Science, two units until September 15, 2003, and three	52523
units thereafter, which at all times shall include both of the	52524
following:	52525

(a) Biological sciences, one unit;

52526

(b) Physical sciences, one unit.

52527

(6) History and government, one unit, which shall comply with	52528
division (M) of this section and shall include both of the	52529
following:	52530

(a) American history, one-half unit;

52531

(b) American government, one-half unit.

52532

(7) Social studies, two units.

52533

(8) Elective units, seven units until September 15, 2003, and	52534
six units thereafter.	52535

Each student's electives shall include at least one unit, or	52536
two half units, chosen from among the areas of	52537
business/technology, fine arts, and/or foreign language.	52538

(C) Beginning with students who enter ninth grade for the	52539
first time on or after July 1, 2010, except as provided in	52540
divisions (D) to (F) of this section, the requirements for	52541
graduation from every public and chartered nonpublic high school	52542
shall include twenty units that are designed to prepare students	52543
for the workforce and college. The units shall be distributed as	52544
follows:	52545

(1) English language arts, four units;

52546

(2) Health, one-half unit, which shall include instruction in	52547
nutrition and the benefits of nutritious foods and physical	52548
activity for overall health;	52549

(3) Mathematics, four units, which shall include one unit of	52550
algebra II or the equivalent of algebra II;	52551

(4) Physical education, one-half unit;

52552

(5) Science, three units with inquiry-based laboratory	52553
experience that engages students in asking valid scientific	52554
questions and gathering and analyzing information, which shall	52555
include the following, or their equivalent:	52556

(a) Physical sciences, one unit;

52557

(b) Life sciences, one unit;

52558

(c) Advanced study in one or more of the following sciences,	52559
one unit:	52560

(i) Chemistry, physics, or other physical science;

52561

(ii) Advanced biology or other life science;

52562

(iii) Astronomy, physical geology, or other earth or space	52563
science.	52564

(6) History and government, one unit, which shall comply with	52565
division (M) of this section and shall include both of the	52566
following:	52567

(a) American history, one-half unit;

52568

(b) American government, one-half unit.

52569

(7) Social studies, two units.

52570

Each school shall integrate the study of economics and	52571
financial literacy, as expressed in the social studies academic	52572
content standards adopted by the state board of education under	52573
division (A)(1) of section 3301.079 of the Revised Code and the	52574
academic content standards for financial literacy and	52575
entrepreneurship adopted under division (A)(2) of that section,	52576
into one or more existing social studies credits required under	52577
division (C)(7) of this section, or into the content of another	52578
class, so that every high school student receives instruction in	52579
those concepts. In developing the curriculum required by this	52580
paragraph, schools shall use available public-private partnerships	52581
and resources and materials that exist in business, industry, and	52582
through the centers for economics education at institutions of	52583
higher education in the state.	52584

(8) Five units consisting of one or any combination of	52585
foreign language, fine arts, business, career-technical education,	52586
family and consumer sciences, technology, agricultural education,	52587
a junior reserve officer training corps (JROTC) program approved	52588
by the congress of the United States under title 10 of the United	52589
States Code, or English language arts, mathematics, science, or	52590
social studies courses not otherwise required under division (C)	52591
of this section.	52592

Ohioans must be prepared to apply increased knowledge and	52593
skills in the workplace and to adapt their knowledge and skills	52594
quickly to meet the rapidly changing conditions of the	52595
twenty-first century. National studies indicate that all high	52596
school graduates need the same academic foundation, regardless of	52597
the opportunities they pursue after graduation. The goal of Ohio's	52598
system of elementary and secondary education is to prepare all	52599
students for and seamlessly connect all students to success in	52600
life beyond high school graduation, regardless of whether the next	52601
step is entering the workforce, beginning an apprenticeship,	52602
engaging in post-secondary training, serving in the military, or	52603
pursuing a college degree.	52604

The Ohio core curriculum is the standard expectation for all	52605
students entering ninth grade for the first time at a public or	52606
chartered nonpublic high school on or after July 1, 2010. A	52607
student may satisfy this expectation through a variety of methods,	52608
including, but not limited to, integrated, applied,	52609
career-technical, and traditional coursework.	52610

Whereas teacher quality is essential for student success in	52611
completing the Ohio core curriculum, the general assembly shall	52612
appropriate funds for strategic initiatives designed to strengthen	52613
schools' capacities to hire and retain highly qualified teachers	52614
in the subject areas required by the curriculum. Such initiatives	52615
are expected to require an investment of $120,000,000 over five	52616
years.	52617

Stronger coordination between high schools and institutions	52618
of higher education is necessary to prepare students for more	52619
challenging academic endeavors and to lessen the need for academic	52620
remediation in college, thereby reducing the costs of higher	52621
education for Ohio's students, families, and the state. The state	52622
board and the chancellor of the Ohio board of regents shall	52623
develop policies to ensure that only in rare instances will	52624
students who complete the Ohio core curriculum require academic	52625
remediation after high school.	52626

School districts, community schools, and chartered nonpublic	52627
schools shall integrate technology into learning experiences	52628
across the curriculum in order to maximize efficiency, enhance	52629
learning, and prepare students for success in the	52630
technology-driven twenty-first century. Districts and schools	52631
shall use distance and web-based course delivery as a method of	52632
providing or augmenting all instruction required under this	52633
division, including laboratory experience in science. Districts	52634
and schools shall utilize technology access and electronic	52635
learning opportunities provided by the ~~eTech Ohio~~broadcast	52636
educational media commission, chancellor, the Ohio learning	52637
network, education technology centers, public television stations,	52638
and other public and private providers.	52639

(D) Except as provided in division (E) of this section, a	52640
student who enters ninth grade on or after July 1, 2010, and	52641
before July 1, 2014, may qualify for graduation from a public or	52642
chartered nonpublic high school even though the student has not	52643
completed the Ohio core curriculum prescribed in division (C) of	52644
this section if all of the following conditions are satisfied:	52645

(1) After the student has attended high school for two years,	52646
as determined by the school, the student and the student's parent,	52647
guardian, or custodian sign and file with the school a written	52648
statement asserting the parent's, guardian's, or custodian's	52649
consent to the student's graduating without completing the Ohio	52650
core curriculum and acknowledging that one consequence of not	52651
completing the Ohio core curriculum is ineligibility to enroll in	52652
most state universities in Ohio without further coursework.	52653

(2) The student and parent, guardian, or custodian fulfill	52654
any procedural requirements the school stipulates to ensure the	52655
student's and parent's, guardian's, or custodian's informed	52656
consent and to facilitate orderly filing of statements under	52657
division (D)(1) of this section.	52658

(3) The student and the student's parent, guardian, or	52659
custodian and a representative of the student's high school	52660
jointly develop an individual career plan for the student that	52661
specifies the student matriculating to a two-year degree program,	52662
acquiring a business and industry credential, or entering an	52663
apprenticeship.	52664

(4) The student's high school provides counseling and support	52665
for the student related to the plan developed under division	52666
(D)(3) of this section during the remainder of the student's high	52667
school experience.	52668

(5) The student successfully completes, at a minimum, the	52669
curriculum prescribed in division (B) of this section.	52670

The department of education, in collaboration with the	52671
chancellor, shall analyze student performance data to determine if	52672
there are mitigating factors that warrant extending the exception	52673
permitted by division (D) of this section to high school classes	52674
beyond those entering ninth grade before July 1, 2014. The	52675
department shall submit its findings and any recommendations not	52676
later than August 1, 2014, to the speaker and minority leader of	52677
the house of representatives, the president and minority leader of	52678
the senate, the chairpersons and ranking minority members of the	52679
standing committees of the house of representatives and the senate	52680
that consider education legislation, the state board of education,	52681
and the superintendent of public instruction.	52682

(E) Each school district and chartered nonpublic school	52683
retains the authority to require an even more rigorous minimum	52684
curriculum for high school graduation than specified in division	52685
(B) or (C) of this section. A school district board of education,	52686
through the adoption of a resolution, or the governing authority	52687
of a chartered nonpublic school may stipulate any of the	52688
following:	52689

(1) A minimum high school curriculum that requires more than	52690
twenty units of academic credit to graduate;	52691

(2) An exception to the district's or school's minimum high	52692
school curriculum that is comparable to the exception provided in	52693
division (D) of this section but with additional requirements,	52694
which may include a requirement that the student successfully	52695
complete more than the minimum curriculum prescribed in division	52696
(B) of this section;	52697

(3) That no exception comparable to that provided in division	52698
(D) of this section is available.	52699

(F) A student enrolled in a dropout prevention and recovery	52700
program, which program has received a waiver from the department,	52701
may qualify for graduation from high school by successfully	52702
completing a competency-based instructional program administered	52703
by the dropout prevention and recovery program in lieu of	52704
completing the Ohio core curriculum prescribed in division (C) of	52705
this section. The department shall grant a waiver to a dropout	52706
prevention and recovery program, within sixty days after the	52707
program applies for the waiver, if the program meets all of the	52708
following conditions:	52709

(1) The program serves only students not younger than sixteen	52710
years of age and not older than twenty-one years of age.	52711

(2) The program enrolls students who, at the time of their	52712
initial enrollment, either, or both, are at least one grade level	52713
behind their cohort age groups or experience crises that	52714
significantly interfere with their academic progress such that	52715
they are prevented from continuing their traditional programs.	52716

(3) The program requires students to attain at least the	52717
applicable score designated for each of the assessments prescribed	52718
under division (B)(1) of section 3301.0710 of the Revised Code or,	52719
to the extent prescribed by rule of the state board under division	52720
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	52721
of that section.	52722

(4) The program develops an individual career plan for the	52723
student that specifies the student's matriculating to a two-year	52724
degree program, acquiring a business and industry credential, or	52725
entering an apprenticeship.	52726

(5) The program provides counseling and support for the	52727
student related to the plan developed under division (F)(4) of	52728
this section during the remainder of the student's high school	52729
experience.	52730

(6) The program requires the student and the student's	52731
parent, guardian, or custodian to sign and file, in accordance	52732
with procedural requirements stipulated by the program, a written	52733
statement asserting the parent's, guardian's, or custodian's	52734
consent to the student's graduating without completing the Ohio	52735
core curriculum and acknowledging that one consequence of not	52736
completing the Ohio core curriculum is ineligibility to enroll in	52737
most state universities in Ohio without further coursework.	52738

(7) Prior to receiving the waiver, the program has submitted	52739
to the department an instructional plan that demonstrates how the	52740
academic content standards adopted by the state board under	52741
section 3301.079 of the Revised Code will be taught and assessed.	52742

If the department does not act either to grant the waiver or	52743
to reject the program application for the waiver within sixty days	52744
as required under this section, the waiver shall be considered to	52745
be granted.	52746

(G) Every high school may permit students below the ninth	52747
grade to take advanced work. If a high school so permits, it shall	52748
award high school credit for successful completion of the advanced	52749
work and shall count such advanced work toward the graduation	52750
requirements of division (B) or (C) of this section if the	52751
advanced work was both:	52752

(1) Taught by a person who possesses a license or certificate	52753
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	52754
Code that is valid for teaching high school;	52755

(2) Designated by the board of education of the city, local,	52756
or exempted village school district, the board of the cooperative	52757
education school district, or the governing authority of the	52758
chartered nonpublic school as meeting the high school curriculum	52759
requirements.	52760

Each high school shall record on the student's high school	52761
transcript all high school credit awarded under division (G) of	52762
this section. In addition, if the student completed a seventh- or	52763
eighth-grade fine arts course described in division (K) of this	52764
section and the course qualified for high school credit under that	52765
division, the high school shall record that course on the	52766
student's high school transcript.	52767

(H) The department shall make its individual academic career	52768
plan available through its Ohio career information system web site	52769
for districts and schools to use as a tool for communicating with	52770
and providing guidance to students and families in selecting high	52771
school courses.	52772

(I) Units earned in English language arts, mathematics,	52773
science, and social studies that are delivered through integrated	52774
academic and career-technical instruction are eligible to meet the	52775
graduation requirements of division (B) or (C) of this section.	52776

(J) The state board, in consultation with the chancellor,	52777
shall adopt a statewide plan implementing methods for students to	52778
earn units of high school credit based on a demonstration of	52779
subject area competency, instead of or in combination with	52780
completing hours of classroom instruction. The state board shall	52781
adopt the plan not later than March 31, 2009, and commence phasing	52782
in the plan during the 2009-2010 school year. The plan shall	52783
include a standard method for recording demonstrated proficiency	52784
on high school transcripts. Each school district and community	52785
school shall comply with the state board's plan adopted under this	52786
division and award units of high school credit in accordance with	52787
the plan. The state board may adopt existing methods for earning	52788
high school credit based on a demonstration of subject area	52789
competency as necessary prior to the 2009-2010 school year.	52790

(K) This division does not apply to students who qualify for	52791
graduation from high school under division (D) or (F) of this	52792
section, or to students pursuing a career-technical instructional	52793
track as determined by the school district board of education or	52794
the chartered nonpublic school's governing authority.	52795
Nevertheless, the general assembly encourages such students to	52796
consider enrolling in a fine arts course as an elective.	52797

Beginning with students who enter ninth grade for the first	52798
time on or after July 1, 2010, each student enrolled in a public	52799
or chartered nonpublic high school shall complete two semesters or	52800
the equivalent of fine arts to graduate from high school. The	52801
coursework may be completed in any of grades seven to twelve. Each	52802
student who completes a fine arts course in grade seven or eight	52803
may elect to count that course toward the five units of electives	52804
required for graduation under division (C)(8) of this section, if	52805
the course satisfied the requirements of division (G) of this	52806
section. In that case, the high school shall award the student	52807
high school credit for the course and count the course toward the	52808
five units required under division (C)(8) of this section. If the	52809
course in grade seven or eight did not satisfy the requirements of	52810
division (G) of this section, the high school shall not award the	52811
student high school credit for the course but shall count the	52812
course toward the two semesters or the equivalent of fine arts	52813
required by this division.	52814

(L)(1) Notwithstanding anything to the contrary in this	52815
section, the board of education of each school district and the	52816
governing authority of each chartered nonpublic school may adopt a	52817
policy to excuse from the high school physical education	52818
requirement each student who, during high school, has participated	52819
in interscholastic athletics, marching band, or cheerleading for	52820
at least two full seasons or in the junior reserve officer	52821
training corps for at least two full school years. If the board or	52822
authority adopts such a policy, the board or authority shall not	52823
require the student to complete any physical education course as a	52824
condition to graduate. ~~However~~	52825

(2) Notwithstanding anything to the contrary in this section,	52826
the following students shall be excused from the high school	52827
physical education requirement prescribed by this section:	52828

(a) A student enrolled in an internet- or computer-based	52829
community school;	52830

(b) To the extent that division (L)(2) does not conflict with	52831
the child's IEP, any child with a disability.	52832

(3) However, ~~the~~any student excused from the physical	52833
education requirement under division (L) of this section shall be	52834
required to complete one-half unit, consisting of at least sixty	52835
hours of instruction, in another course of study. In the case of a	52836
student who has participated in the junior reserve officer	52837
training corps for at least two full school years, credit received	52838
for that participation may be used to satisfy the requirement to	52839
complete one-half unit in another course of study.	52840

(M) It is important that high school students learn and	52841
understand United States history and the governments of both the	52842
United States and the state of Ohio. Therefore, beginning with	52843
students who enter ninth grade for the first time on or after July	52844
1, 2012, the study of American history and American government	52845
required by divisions (B)(6) and (C)(6) of this section shall	52846
include the study of all of the following documents:	52847

(1) The Declaration of Independence;

52848

(2) The Northwest Ordinance;

52849

(3) The Constitution of the United States with emphasis on	52850
the Bill of Rights;	52851

(4) The Ohio Constitution.

52852

The study of each of the documents prescribed in divisions	52853
(M)(1) to (4) of this section shall include study of that document	52854
in its original context.	52855

The study of American history and government required by	52856
divisions (B)(6) and (C)(6) of this section shall include the	52857
historical evidence of the role of documents such as the	52858
Federalist Papers and the Anti-Federalist Papers to firmly	52859
establish the historical background leading to the establishment	52860
of the provisions of the Constitution and Bill of Rights.	52861

Sec. 3313.6013. (A) As used in this section, "dual enrollment	52862
program" means a program that enables a student to earn credit	52863
toward a degree from an institution of higher education while	52864
enrolled in high school or that enables a student to complete	52865
coursework while enrolled in high school that may earn credit	52866
toward a degree from an institution of higher education upon the	52867
student's attainment of a specified score on an examination	52868
covering the coursework. Dual enrollment programs may include any	52869
of the following:	52870

(1) The post-secondary enrollment options program established	52871
under Chapter 3365. of the Revised Code;	52872

(2) Advanced placement courses;

52873

(3) Any similar program established pursuant to an agreement	52874
between a school district or chartered nonpublic high school and	52875
an institution of higher education;	52876

(4) Early college high schools.

52877

(B) Each city, local, exempted village, and joint vocational	52878
school district and each chartered nonpublic high school shall	52879
provide students enrolled in grades nine through twelve with the	52880
opportunity to participate in a dual enrollment program. For this	52881
purpose, each school district and chartered nonpublic high school	52882
shall offer at least one dual enrollment program in accordance	52883
with division (B)(1) or (2) of this section, as applicable.	52884

(1) A city, local, or exempted village school district meets	52885
the requirements of this division through its mandatory	52886
participation in the post-secondary enrollment options program	52887
established under Chapter 3365. of the Revised Code. However, a	52888
city, local, or exempted village school district may offer any	52889
other dual enrollment program, in addition to the post-secondary	52890
enrollment options program, and each joint vocational school	52891
district shall offer at least one other dual enrollment program,	52892
to students in good standing, as defined by the partnership for	52893
continued learning under section 3301.42 of the Revised Code as it	52894
existed prior to October 16, 2009, or as subsequently defined by	52895
the department of education.	52896

(2) A chartered nonpublic high school that elects to	52897
participate in the post-secondary enrollment options program	52898
established under Chapter 3365. of the Revised Code meets the	52899
requirements of this division. Each chartered nonpublic high	52900
school that elects not to participate in the post-secondary	52901
enrollment options program instead shall offer at least one other	52902
dual enrollment program to students in good standing, as defined	52903
by the partnership for continued learning under section 3301.42 of	52904
the Revised Code as it existed prior to October 16, 2009, or as	52905
subsequently defined by the department of education.	52906

(C) Each school district and each chartered nonpublic high	52907
school shall provide information about the dual enrollment	52908
programs offered by the district or school to all students	52909
enrolled in grades eight through eleven.	52910

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	52911
the department of education shall administer a pilot program	52912
requiring daily physical activity for students. Any school	52913
district; community school established under Chapter 3314. of the	52914
Revised Code; science, technology, engineering, and mathematics	52915
school established under Chapter 3326. of the Revised Code; or	52916
chartered nonpublic school annually may elect to participate in	52917
the pilot program by notifying the department of its interest by a	52918
date established by the department. If a school district elects to	52919
participate in the pilot program, ~~each school building operated by~~	52920
~~the district shall be required~~the district shall select one or	52921
more school buildings to participate in the program. To the	52922
maximum extent possible, the department shall seek to include in	52923
the pilot program districts and schools that are located in urban,	52924
suburban, and rural areas distributed geographically throughout	52925
the state. The department shall administer the pilot program in	52926
accordance with this section.	52927

(B) Except as provided in division (C) of this section, each	52928
district or school participating in the pilot program shall	52929
require all students in ~~each of grades kindergarten through twelve~~	52930
the school building selected under division (A) of this section to	52931
engage in at least thirty minutes of moderate to rigorous physical	52932
activity each school day or at least one hundred fifty minutes of	52933
moderate to rigorous physical activity each week, exclusive of	52934
recess. Physical activity engaged in during the following may	52935
count toward the daily requirement:	52936

(1) A physical education course;

52937

(2) A program or activity occurring before or after the	52938
regular school day, as defined in section 3313.814 of the Revised	52939
Code, that is sponsored or approved by the school of attendance,	52940
provided school officials are able to monitor students'	52941
participation to ensure compliance with the requirement.	52942

(C) None of the following shall be subject to the requirement	52943
of division (B) of this section:	52944

(1) Any student enrolled in the post-secondary enrollment	52945
options program established under Chapter 3365. of the Revised	52946
Code;	52947

(2) Any student enrolled in a career-technical education	52948
program operated by the district or school;	52949

(3) Any student enrolled in a dropout prevention and recovery	52950
program operated by the district or school;	52951

(4) Any student enrolled in an internet- or computer-based	52952
community school;	52953

(5) Any child with a disability, to the extent that division	52954
(C)(5) of this section does not conflict with the child's IEP. As	52955
used in this section, "child with a disability" and "IEP" have the	52956
same meanings as in section 3323.01 of the Revised Code.	52957

(D) For any period in which a student is participating in	52958
interscholastic athletics, marching band, cheerleading, or a	52959
junior reserve officer training corps program, the district or	52960
school may excuse the student from the requirement of division (B)	52961
of this section.	52962

(E) The district or school may excuse any kindergarten	52963
student who is not enrolled in all-day kindergarten, as defined in	52964
section 3321.05 of the Revised Code, from the requirement of	52965
division (B) of this section.	52966

(F) Each district or school annually shall report to the	52967
department, in the manner prescribed by the department, how the	52968
district or school implemented the thirty minutes of daily	52969
physical activity and the financial costs of implementation. The	52970
department shall issue an annual report of the data collected	52971
under this division.	52972

Sec. 3313.6018. (A) As used in this section and section	52973
3313.6019 of the Revised Code, "extended programming" means	52974
extended programming as described in section 3301.0725 of the	52975
Revised Code.	52976

(B) Except as provided in division (C) of section 3313.6019	52977
of the Revised Code, extended programming shall be used for	52978
activities that involve direct contact with students or are	52979
directly related to student programs and activities. On any given	52980
day that extended programming is provided, it shall be provided	52981
for at least one hour.	52982

Sec. 3313.6019. (A) Not later than December 31, 2013, the	52983
department of education shall issue a report with recommendations	52984
for quality agricultural education programs. These recommendations	52985
shall be developed using both of the following:	52986

(1) The standards for exemplary agricultural education that	52987
are described in the national quality program standards for	52988
secondary (grades 9-12) agricultural education developed by the	52989
national council for agricultural education or a successor	52990
document developed by the national council for agricultural	52991
education or its successor;	52992

(2) The quality program standards for Ohio's agricultural and	52993
environmental systems career field programs or a successor	52994
document developed by the department, the Ohio association of	52995
agricultural educators, the Ohio state university, and wilmington	52996
college of Ohio.	52997

The report shall include the appropriate use of extended	52998
programming in agricultural education programs and the recommended	52999
number of hours outside the normal school day that licensed	53000
educators may be permitted to provide extended programming	53001
instruction. Following the initial issuance of the report, the	53002
department may periodically review and update the report as it	53003
considers necessary.	53004

(B) All agricultural education instructors shall utilize a	53005
three-part model of agricultural education instruction of	53006
classroom instruction, FFA activities, and extended programming	53007
projects.	53008

(C) Professional development associated with agricultural	53009
education shall be considered an acceptable use of extended	53010
student programming funds.	53011

(D) All agricultural education instructors shall submit a	53012
monthly time log to the principal of the school at which the	53013
extended programming is offered, or the principal's designee, for	53014
review.	53015

Sec. 3313.612. (A) No nonpublic school chartered by the	53016
state board of education shall grant a high school diploma to any	53017
person unless, subject to section 3313.614 of the Revised Code,	53018
the person has met the assessment requirements of division (A)(1)	53019
or (2) of this section, as applicable.	53020

(1) If the person entered the ninth grade prior to the date	53021
prescribed by rule of the state board under division (D)(2) of	53022
section 3301.0712 of the Revised Code, the person has attained at	53023
least the applicable scores designated under division (B)(1) of	53024
section 3301.0710 of the Revised Code on all the assessments	53025
required by that division, or has satisfied the alternative	53026
conditions prescribed in section 3313.615 of the Revised Code.	53027

(2) If the person entered the ninth grade on or after the	53028
date prescribed by rule of the state board under division (E)(2)	53029
of section 3301.0712 of the Revised Code, the person has met the	53030
requirements of the entire assessment system prescribed under	53031
division (B)(2) of section 3301.0710 of the Revised Code.	53032

(B) This section does not apply to ~~either~~any of the	53033
following:	53034

(1) Any person with regard to any assessment from which the	53035
person was excused pursuant to division (C)(1)(c) of section	53036
3301.0711 of the Revised Code;	53037

(2) Any person that attends a nonpublic school accredited	53038
through the independent school association of the central states	53039
with regard to any end-of-course examination required under	53040
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;	53041

(3) Any person with regard to the social studies assessment	53042
under division (B)(1) of section 3301.0710 of the Revised Code,	53043
any American history end-of-course examination and any American	53044
government end-of-course examination required under division	53045
(B)(2) of that section if such an exemption is prescribed by rule	53046
of the state board of education under division (D)(4) of section	53047
3301.0712 of the Revised Code, or the citizenship test under	53048
former division (B) of section 3301.0710 of the Revised Code as it	53049
existed prior to September 11, 2001, if all of the following	53050
apply:	53051

(a) The person is not a citizen of the United States;

53052

(b) The person is not a permanent resident of the United	53053
States;	53054

(c) The person indicates no intention to reside in the United	53055
States after completion of high school.	53056

(C) As used in this division, "limited English proficient	53057
student" has the same meaning as in division (C)(3) of section	53058
3301.0711 of the Revised Code.	53059

Notwithstanding division (C)(3) of section 3301.0711 of the	53060
Revised Code, no limited English proficient student who has not	53061
either attained the applicable scores designated under division	53062
(B)(1) of section 3301.0710 of the Revised Code on all the	53063
assessments required by that division, or met the requirements of	53064
the assessments under division (B)(2) of that section, shall be	53065
awarded a diploma under this section.	53066

Sec. 3313.615. This section shall apply to diplomas awarded	53067
after September 15, 2006, to students who are required to take the	53068
five Ohio graduation tests prescribed by division (B)(1) of	53069
section 3301.0710 of the Revised Code.	53070

(A) As an alternative to the requirement that a person attain	53071
the scores designated under division (B)(1) of section 3301.0710	53072
of the Revised Code on all the assessments required under that	53073
division in order to be eligible for a high school diploma or an	53074
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	53075
Revised Code or for a diploma of adult education under section	53076
3313.611 of the Revised Code, a person who has attained at least	53077
the applicable scores designated under division (B)(1) of section	53078
3301.0710 of the Revised Code on all but one of the assessments	53079
required by that division and from which the person was not	53080
excused or exempted, pursuant to division (L) of section 3313.61,	53081
division (B)(1) of section 3313.612, or section 3313.532 of the	53082
Revised Code, may be awarded a diploma or honors diploma if the	53083
person has satisfied all of the following conditions:	53084

(1) On the one assessment required under division (B)(1) of	53085
section 3301.0710 of the Revised Code for which the person failed	53086
to attain the designated score, the person missed that score by	53087
ten points or less;	53088

(2) Has a ninety-seven per cent school attendance rate in	53089
each of the last four school years, excluding any excused	53090
absences;	53091

(3) Has not been expelled from school under section 3313.66	53092
of the Revised Code in any of the last four school years;	53093

(4) Has a grade point average of at least 2.5 out of 4.0, or	53094
its equivalent as designated in rules adopted by the state board	53095
of education, in the subject area of the assessment required under	53096
division (B)(1) of section 3301.0710 of the Revised Code for which	53097
the person failed to attain the designated score;	53098

(5) Has completed the high school curriculum requirements	53099
prescribed in section 3313.603 of the Revised Code or has	53100
qualified under division (D) or (F) of that section;	53101

(6) Has taken advantage of any intervention programs provided	53102
by the school district or school in the subject area described in	53103
division (A)(4) of this section and has a ninety-seven per cent	53104
attendance rate, excluding any excused absences, in any of those	53105
programs that are provided at times beyond the normal school day,	53106
school week, or school year or has received comparable	53107
intervention services from a source other than the school district	53108
or school;	53109

(7) Holds a letter recommending graduation from each of the	53110
person's high school teachers in the subject area described in	53111
division (A)(4) of this section and from the person's high school	53112
principal.	53113

(B) The state board of education shall establish rules	53114
designating grade point averages equivalent to the average	53115
specified in division (A)(4) of this section for use by school	53116
districts and schools with different grading systems.	53117

(C) Any student who is exempt from attaining the applicable	53118
score designated under division (B)(1) of section 3301.0710 of the	53119
Revised Code on the Ohio graduation test in social studies	53120
pursuant to division (H) of section 3313.61 or division (B)~~(2)~~(3)	53121
of section 3313.612 of the Revised Code shall not qualify for a	53122
high school diploma under this section, unless, notwithstanding	53123
the exemption, the student attains the applicable score on that	53124
assessment. If the student attains the applicable score on that	53125
assessment, the student may qualify for a diploma under this	53126
section in the same manner as any other student who is required to	53127
take the five Ohio graduation tests prescribed by division (B)(1)	53128
of section 3301.0710 of the Revised Code.	53129

Sec. 3313.62. The school year shall begin on the first day	53130
of July of each calendar year and close on the thirtieth day of	53131
June of the succeeding calendar year. A school week shall consist	53132
of five days~~, and a school month of four school weeks~~. A chartered	53133
nonpublic school may be open for instruction with pupils in	53134
attendance on any day of the week, including Saturday or Sunday.	53135

Sec. 3313.64. (A) As used in this section and in section	53136
3313.65 of the Revised Code:	53137

(1)(a) Except as provided in division (A)(1)(b) of this	53138
section, "parent" means either parent, unless the parents are	53139
separated or divorced or their marriage has been dissolved or	53140
annulled, in which case "parent" means the parent who is the	53141
residential parent and legal custodian of the child. When a child	53142
is in the legal custody of a government agency or a person other	53143
than the child's natural or adoptive parent, "parent" means the	53144
parent with residual parental rights, privileges, and	53145
responsibilities. When a child is in the permanent custody of a	53146
government agency or a person other than the child's natural or	53147
adoptive parent, "parent" means the parent who was divested of	53148
parental rights and responsibilities for the care of the child and	53149
the right to have the child live with the parent and be the legal	53150
custodian of the child and all residual parental rights,	53151
privileges, and responsibilities.	53152

(b) When a child is the subject of a power of attorney	53153
executed under sections 3109.51 to 3109.62 of the Revised Code,	53154
"parent" means the grandparent designated as attorney in fact	53155
under the power of attorney. When a child is the subject of a	53156
caretaker authorization affidavit executed under sections 3109.64	53157
to 3109.73 of the Revised Code, "parent" means the grandparent	53158
that executed the affidavit.	53159

(2) "Legal custody," "permanent custody," and "residual	53160
parental rights, privileges, and responsibilities" have the same	53161
meanings as in section 2151.011 of the Revised Code.	53162

(3) "School district" or "district" means a city, local, or	53163
exempted village school district and excludes any school operated	53164
in an institution maintained by the department of youth services.	53165

(4) Except as used in division (C)(2) of this section, "home"	53166
means a home, institution, foster home, group home, or other	53167
residential facility in this state that receives and cares for	53168
children, to which any of the following applies:	53169

(a) The home is licensed, certified, or approved for such	53170
purpose by the state or is maintained by the department of youth	53171
services.	53172

(b) The home is operated by a person who is licensed,	53173
certified, or approved by the state to operate the home for such	53174
purpose.	53175

(c) The home accepted the child through a placement by a	53176
person licensed, certified, or approved to place a child in such a	53177
home by the state.	53178

(d) The home is a children's home created under section	53179
5153.21 or 5153.36 of the Revised Code.	53180

(5) "Agency" means all of the following:

53181

(a) A public children services agency;

53182

(b) An organization that holds a certificate issued by the	53183
Ohio department of job and family services in accordance with the	53184
requirements of section 5103.03 of the Revised Code and assumes	53185
temporary or permanent custody of children through commitment,	53186
agreement, or surrender, and places children in family homes for	53187
the purpose of adoption;	53188

(c) Comparable agencies of other states or countries that	53189
have complied with applicable requirements of section 2151.39 of	53190
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	53191
5103.23 to 5103.237 of the Revised Code.	53192

(6) A child is placed for adoption if either of the following	53193
occurs:	53194

(a) An agency to which the child has been permanently	53195
committed or surrendered enters into an agreement with a person	53196
pursuant to section 5103.16 of the Revised Code for the care and	53197
adoption of the child.	53198

(b) The child's natural parent places the child pursuant to	53199
section 5103.16 of the Revised Code with a person who will care	53200
for and adopt the child.	53201

(7) "Preschool child with a disability" has the same meaning	53202
as in section 3323.01 of the Revised Code.	53203

(8) "Child," unless otherwise indicated, includes preschool	53204
children with disabilities.	53205

(9) "Active duty" means active duty pursuant to an executive	53206
order of the president of the United States, an act of the	53207
congress of the United States, or section 5919.29 or 5923.21 of	53208
the Revised Code.	53209

(B) Except as otherwise provided in section 3321.01 of the	53210
Revised Code for admittance to kindergarten and first grade, a	53211
child who is at least five but under twenty-two years of age and	53212
any preschool child with a disability shall be admitted to school	53213
as provided in this division.	53214

(1) A child shall be admitted to the schools of the school	53215
district in which the child's parent resides.	53216

(2) AExcept as provided in division (B) of section 2151.362	53217
and section 3317.30 of the Revised Code, a child who does not	53218
reside in the district where the child's parent resides shall be	53219
admitted to the schools of the district in which the child resides	53220
if any of the following applies:	53221

(a) The child is in the legal or permanent custody of a	53222
government agency or a person other than the child's natural or	53223
adoptive parent.	53224

(b) The child resides in a home.

53225

53226

(3) A child who is not entitled under division (B)(2) of this	53227
section to be admitted to the schools of the district where the	53228
child resides and who is residing with a resident of this state	53229
with whom the child has been placed for adoption shall be admitted	53230
to the schools of the district where the child resides unless	53231
either of the following applies:	53232

(a) The placement for adoption has been terminated.

53233

(b) Another school district is required to admit the child	53234
under division (B)(1) of this section.	53235

Division (B) of this section does not prohibit the board of	53236
education of a school district from placing a child with a	53237
disability who resides in the district in a special education	53238
program outside of the district or its schools in compliance with	53239
Chapter 3323. of the Revised Code.	53240

(C) A district shall not charge tuition for children admitted	53241
under division (B)(1) or (3) of this section. If the district	53242
admits a child under division (B)(2) of this section, tuition	53243
shall be paid to the district that admits the child as provided in	53244
divisions (C)(1) to (3) of this section, unless division (C)(4) of	53245
this section applies to the child:	53246

(1) If the child receives special education in accordance	53247
with Chapter 3323. of the Revised Code, the school district of	53248
residence, as defined in section 3323.01 of the Revised Code,	53249
shall pay tuition for the child in accordance with section	53250
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	53251
regardless of who has custody of the child or whether the child	53252
resides in a home.	53253

(2) For a child that does not receive special education in	53254
accordance with Chapter 3323. of the Revised Code, except as	53255
otherwise provided in division (C)(2)(d) of this section, if the	53256
child is in the permanent or legal custody of a government agency	53257
or person other than the child's parent, tuition shall be paid by:	53258

(a) The district in which the child's parent resided at the	53259
time the court removed the child from home or at the time the	53260
court vested legal or permanent custody of the child in the person	53261
or government agency, whichever occurred first;	53262

(b) If the parent's residence at the time the court removed	53263
the child from home or placed the child in the legal or permanent	53264
custody of the person or government agency is unknown, tuition	53265
shall be paid by the district in which the child resided at the	53266
time the child was removed from home or placed in legal or	53267
permanent custody, whichever occurred first;	53268

(c) If a school district cannot be established under division	53269
(C)(2)(a) or (b) of this section, tuition shall be paid by the	53270
district determined as required by section 2151.362 of the Revised	53271
Code by the court at the time it vests custody of the child in the	53272
person or government agency;	53273

(d) If at the time the court removed the child from home or	53274
vested legal or permanent custody of the child in the person or	53275
government agency, whichever occurred first, one parent was in a	53276
residential or correctional facility or a juvenile residential	53277
placement and the other parent, if living and not in such a	53278
facility or placement, was not known to reside in this state,	53279
tuition shall be paid by the district determined under division	53280
(D) of section 3313.65 of the Revised Code as the district	53281
required to pay any tuition while the parent was in such facility	53282
or placement;	53283

(e) If the department of education has determined, pursuant	53284
to division (A)(2) of section 2151.362 of the Revised Code, that a	53285
school district other than the one named in the court's initial	53286
order, or in a prior determination of the department, is	53287
responsible to bear the cost of educating the child, the district	53288
so determined shall be responsible for that cost.	53289

(3) If the child is not in the permanent or legal custody of	53290
a government agency or person other than the child's parent and	53291
the child resides in a home, tuition shall be paid by one of the	53292
following:	53293

(a) The school district in which the child's parent resides;

53294

(b) If the child's parent is not a resident of this state,	53295
the home in which the child resides.	53296

(4) Division (C)(4) of this section applies to any child who	53297
is admitted to a school district under division (B)(2) of this	53298
section, resides in a home that is not a foster home or, a home	53299
maintained by the department of youth services, a detention	53300
facility established under section 2152.41 of the Revised Code, or	53301
a juvenile facility established under section 2151.65 of the	53302
Revised Code, receives educational services at the home or	53303
facility in which the child resides pursuant to a contract between	53304
the home or facility and the school district providing those	53305
services, and does not receive special education.	53306

In the case of a child to which division (C)(4) of this	53307
section applies, the total educational cost to be paid for the	53308
child shall be determined by a formula approved by the department	53309
of education, which formula shall be designed to calculate a per	53310
diem cost for the educational services provided to the child for	53311
each day the child is served and shall reflect the total actual	53312
cost incurred in providing those services. The department shall	53313
certify the total educational cost to be paid for the child to	53314
both the school district providing the educational services and,	53315
if different, the school district that is responsible to pay	53316
tuition for the child. The department shall deduct the certified	53317
amount from the state basic aid funds payable under Chapter 3317.	53318
of the Revised Code to the district responsible to pay tuition and	53319
shall pay that amount to the district providing the educational	53320
services to the child.	53321

(D) Tuition required to be paid under divisions (C)(2) and	53322
(3)(a) of this section shall be computed in accordance with	53323
section 3317.08 of the Revised Code. Tuition required to be paid	53324
under division (C)(3)(b) of this section shall be computed in	53325
accordance with section 3317.081 of the Revised Code. If a home	53326
fails to pay the tuition required by division (C)(3)(b) of this	53327
section, the board of education providing the education may	53328
recover in a civil action the tuition and the expenses incurred in	53329
prosecuting the action, including court costs and reasonable	53330
attorney's fees. If the prosecuting attorney or city director of	53331
law represents the board in such action, costs and reasonable	53332
attorney's fees awarded by the court, based upon the prosecuting	53333
attorney's, director's, or one of their designee's time spent	53334
preparing and presenting the case, shall be deposited in the	53335
county or city general fund.	53336

(E) A board of education may enroll a child free of any	53337
tuition obligation for a period not to exceed sixty days, on the	53338
sworn statement of an adult resident of the district that the	53339
resident has initiated legal proceedings for custody of the child.	53340

(F) In the case of any individual entitled to attend school	53341
under this division, no tuition shall be charged by the school	53342
district of attendance and no other school district shall be	53343
required to pay tuition for the individual's attendance.	53344
Notwithstanding division (B), (C), or (E) of this section:	53345

(1) All persons at least eighteen but under twenty-two years	53346
of age who live apart from their parents, support themselves by	53347
their own labor, and have not successfully completed the high	53348
school curriculum or the individualized education program	53349
developed for the person by the high school pursuant to section	53350
3323.08 of the Revised Code, are entitled to attend school in the	53351
district in which they reside.	53352

(2) Any child under eighteen years of age who is married is	53353
entitled to attend school in the child's district of residence.	53354

(3) A child is entitled to attend school in the district in	53355
which either of the child's parents is employed if the child has a	53356
medical condition that may require emergency medical attention.	53357
The parent of a child entitled to attend school under division	53358
(F)(3) of this section shall submit to the board of education of	53359
the district in which the parent is employed a statement from the	53360
child's physician certifying that the child's medical condition	53361
may require emergency medical attention. The statement shall be	53362
supported by such other evidence as the board may require.	53363

(4) Any child residing with a person other than the child's	53364
parent is entitled, for a period not to exceed twelve months, to	53365
attend school in the district in which that person resides if the	53366
child's parent files an affidavit with the superintendent of the	53367
district in which the person with whom the child is living resides	53368
stating all of the following:	53369

(a) That the parent is serving outside of the state in the	53370
armed services of the United States;	53371

(b) That the parent intends to reside in the district upon	53372
returning to this state;	53373

(c) The name and address of the person with whom the child is	53374
living while the parent is outside the state.	53375

(5) Any child under the age of twenty-two years who, after	53376
the death of a parent, resides in a school district other than the	53377
district in which the child attended school at the time of the	53378
parent's death is entitled to continue to attend school in the	53379
district in which the child attended school at the time of the	53380
parent's death for the remainder of the school year, subject to	53381
approval of that district board.	53382

(6) A child under the age of twenty-two years who resides	53383
with a parent who is having a new house built in a school district	53384
outside the district where the parent is residing is entitled to	53385
attend school for a period of time in the district where the new	53386
house is being built. In order to be entitled to such attendance,	53387
the parent shall provide the district superintendent with the	53388
following:	53389

(a) A sworn statement explaining the situation, revealing the	53390
location of the house being built, and stating the parent's	53391
intention to reside there upon its completion;	53392

(b) A statement from the builder confirming that a new house	53393
is being built for the parent and that the house is at the	53394
location indicated in the parent's statement.	53395

(7) A child under the age of twenty-two years residing with a	53396
parent who has a contract to purchase a house in a school district	53397
outside the district where the parent is residing and who is	53398
waiting upon the date of closing of the mortgage loan for the	53399
purchase of such house is entitled to attend school for a period	53400
of time in the district where the house is being purchased. In	53401
order to be entitled to such attendance, the parent shall provide	53402
the district superintendent with the following:	53403

(a) A sworn statement explaining the situation, revealing the	53404
location of the house being purchased, and stating the parent's	53405
intent to reside there;	53406

(b) A statement from a real estate broker or bank officer	53407
confirming that the parent has a contract to purchase the house,	53408
that the parent is waiting upon the date of closing of the	53409
mortgage loan, and that the house is at the location indicated in	53410
the parent's statement.	53411

The district superintendent shall establish a period of time	53412
not to exceed ninety days during which the child entitled to	53413
attend school under division (F)(6) or (7) of this section may	53414
attend without tuition obligation. A student attending a school	53415
under division (F)(6) or (7) of this section shall be eligible to	53416
participate in interscholastic athletics under the auspices of	53417
that school, provided the board of education of the school	53418
district where the student's parent resides, by a formal action,	53419
releases the student to participate in interscholastic athletics	53420
at the school where the student is attending, and provided the	53421
student receives any authorization required by a public agency or	53422
private organization of which the school district is a member	53423
exercising authority over interscholastic sports.	53424

(8) A child whose parent is a full-time employee of a city,	53425
local, or exempted village school district, or of an educational	53426
service center, may be admitted to the schools of the district	53427
where the child's parent is employed, or in the case of a child	53428
whose parent is employed by an educational service center, in the	53429
district that serves the location where the parent's job is	53430
primarily located, provided the district board of education	53431
establishes such an admission policy by resolution adopted by a	53432
majority of its members. Any such policy shall take effect on the	53433
first day of the school year and the effective date of any	53434
amendment or repeal may not be prior to the first day of the	53435
subsequent school year. The policy shall be uniformly applied to	53436
all such children and shall provide for the admission of any such	53437
child upon request of the parent. No child may be admitted under	53438
this policy after the first day of classes of any school year.	53439

(9) A child who is with the child's parent under the care of	53440
a shelter for victims of domestic violence, as defined in section	53441
3113.33 of the Revised Code, is entitled to attend school free in	53442
the district in which the child is with the child's parent, and no	53443
other school district shall be required to pay tuition for the	53444
child's attendance in that school district.	53445

The enrollment of a child in a school district under this	53446
division shall not be denied due to a delay in the school	53447
district's receipt of any records required under section 3313.672	53448
of the Revised Code or any other records required for enrollment.	53449
Any days of attendance and any credits earned by a child while	53450
enrolled in a school district under this division shall be	53451
transferred to and accepted by any school district in which the	53452
child subsequently enrolls. The state board of education shall	53453
adopt rules to ensure compliance with this division.	53454

(10) Any child under the age of twenty-two years whose parent	53455
has moved out of the school district after the commencement of	53456
classes in the child's senior year of high school is entitled,	53457
subject to the approval of that district board, to attend school	53458
in the district in which the child attended school at the time of	53459
the parental move for the remainder of the school year and for one	53460
additional semester or equivalent term. A district board may also	53461
adopt a policy specifying extenuating circumstances under which a	53462
student may continue to attend school under division (F)(10) of	53463
this section for an additional period of time in order to	53464
successfully complete the high school curriculum for the	53465
individualized education program developed for the student by the	53466
high school pursuant to section 3323.08 of the Revised Code.	53467

(11) As used in this division, "grandparent" means a parent	53468
of a parent of a child. A child under the age of twenty-two years	53469
who is in the custody of the child's parent, resides with a	53470
grandparent, and does not require special education is entitled to	53471
attend the schools of the district in which the child's	53472
grandparent resides, provided that, prior to such attendance in	53473
any school year, the board of education of the school district in	53474
which the child's grandparent resides and the board of education	53475
of the school district in which the child's parent resides enter	53476
into a written agreement specifying that good cause exists for	53477
such attendance, describing the nature of this good cause, and	53478
consenting to such attendance.	53479

In lieu of a consent form signed by a parent, a board of	53480
education may request the grandparent of a child attending school	53481
in the district in which the grandparent resides pursuant to	53482
division (F)(11) of this section to complete any consent form	53483
required by the district, including any authorization required by	53484
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	53485
Code. Upon request, the grandparent shall complete any consent	53486
form required by the district. A school district shall not incur	53487
any liability solely because of its receipt of a consent form from	53488
a grandparent in lieu of a parent.	53489

Division (F)(11) of this section does not create, and shall	53490
not be construed as creating, a new cause of action or substantive	53491
legal right against a school district, a member of a board of	53492
education, or an employee of a school district. This section does	53493
not affect, and shall not be construed as affecting, any	53494
immunities from defenses to tort liability created or recognized	53495
by Chapter 2744. of the Revised Code for a school district,	53496
member, or employee.	53497

(12) A child under the age of twenty-two years is entitled to	53498
attend school in a school district other than the district in	53499
which the child is entitled to attend school under division (B),	53500
(C), or (E) of this section provided that, prior to such	53501
attendance in any school year, both of the following occur:	53502

(a) The superintendent of the district in which the child is	53503
entitled to attend school under division (B), (C), or (E) of this	53504
section contacts the superintendent of another district for	53505
purposes of this division;	53506

(b) The superintendents of both districts enter into a	53507
written agreement that consents to the attendance and specifies	53508
that the purpose of such attendance is to protect the student's	53509
physical or mental well-being or to deal with other extenuating	53510
circumstances deemed appropriate by the superintendents.	53511

While an agreement is in effect under this division for a	53512
student who is not receiving special education under Chapter 3323.	53513
of the Revised Code and notwithstanding Chapter 3327. of the	53514
Revised Code, the board of education of neither school district	53515
involved in the agreement is required to provide transportation	53516
for the student to and from the school where the student attends.	53517

A student attending a school of a district pursuant to this	53518
division shall be allowed to participate in all student	53519
activities, including interscholastic athletics, at the school	53520
where the student is attending on the same basis as any student	53521
who has always attended the schools of that district while of	53522
compulsory school age.	53523

(13) All school districts shall comply with the	53524
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	53525
seq., for the education of homeless children. Each city, local,	53526
and exempted village school district shall comply with the	53527
requirements of that act governing the provision of a free,	53528
appropriate public education, including public preschool, to each	53529
homeless child.	53530

When a child loses permanent housing and becomes a homeless	53531
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	53532
such a homeless person changes temporary living arrangements, the	53533
child's parent or guardian shall have the option of enrolling the	53534
child in either of the following:	53535

(a) The child's school of origin, as defined in 42 U.S.C.A.	53536
11432(g)(3)(C);	53537

(b) The school that is operated by the school district in	53538
which the shelter where the child currently resides is located and	53539
that serves the geographic area in which the shelter is located.	53540

(14) A child under the age of twenty-two years who resides	53541
with a person other than the child's parent is entitled to attend	53542
school in the school district in which that person resides if both	53543
of the following apply:	53544

(a) That person has been appointed, through a military power	53545
of attorney executed under section 574(a) of the "National Defense	53546
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	53547
U.S.C. 1044b, or through a comparable document necessary to	53548
complete a family care plan, as the parent's agent for the care,	53549
custody, and control of the child while the parent is on active	53550
duty as a member of the national guard or a reserve unit of the	53551
armed forces of the United States or because the parent is a	53552
member of the armed forces of the United States and is on a duty	53553
assignment away from the parent's residence.	53554

(b) The military power of attorney or comparable document	53555
includes at least the authority to enroll the child in school.	53556

The entitlement to attend school in the district in which the	53557
parent's agent under the military power of attorney or comparable	53558
document resides applies until the end of the school year in which	53559
the military power of attorney or comparable document expires.	53560

(G) A board of education, after approving admission, may	53561
waive tuition for students who will temporarily reside in the	53562
district and who are either of the following:	53563

(1) Residents or domiciliaries of a foreign nation who	53564
request admission as foreign exchange students;	53565

(2) Residents or domiciliaries of the United States but not	53566
of Ohio who request admission as participants in an exchange	53567
program operated by a student exchange organization.	53568

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	53569
3327.04, and 3327.06 of the Revised Code, a child may attend	53570
school or participate in a special education program in a school	53571
district other than in the district where the child is entitled to	53572
attend school under division (B) of this section.	53573

(I)(1) Notwithstanding anything to the contrary in this	53574
section or section 3313.65 of the Revised Code, a child under	53575
twenty-two years of age may attend school in the school district	53576
in which the child, at the end of the first full week of October	53577
of the school year, was entitled to attend school as otherwise	53578
provided under this section or section 3313.65 of the Revised	53579
Code, if at that time the child was enrolled in the schools of the	53580
district but since that time the child or the child's parent has	53581
relocated to a new address located outside of that school district	53582
and within the same county as the child's or parent's address	53583
immediately prior to the relocation. The child may continue to	53584
attend school in the district, and at the school to which the	53585
child was assigned at the end of the first full week of October of	53586
the current school year, for the balance of the school year.	53587
Division (I)(1) of this section applies only if both of the	53588
following conditions are satisfied:	53589

(a) The board of education of the school district in which	53590
the child was entitled to attend school at the end of the first	53591
full week in October and of the district to which the child or	53592
child's parent has relocated each has adopted a policy to enroll	53593
children described in division (I)(1) of this section.	53594

(b) The child's parent provides written notification of the	53595
relocation outside of the school district to the superintendent of	53596
each of the two school districts.	53597

(2) At the beginning of the school year following the school	53598
year in which the child or the child's parent relocated outside of	53599
the school district as described in division (I)(1) of this	53600
section, the child is not entitled to attend school in the school	53601
district under that division.	53602

(3) Any person or entity owing tuition to the school district	53603
on behalf of the child at the end of the first full week in	53604
October, as provided in division (C) of this section, shall	53605
continue to owe such tuition to the district for the child's	53606
attendance under division (I)(1) of this section for the lesser of	53607
the balance of the school year or the balance of the time that the	53608
child attends school in the district under division (I)(1) of this	53609
section.	53610

(4) A pupil who may attend school in the district under	53611
division (I)(1) of this section shall be entitled to	53612
transportation services pursuant to an agreement between the	53613
district and the district in which the child or child's parent has	53614
relocated unless the districts have not entered into such	53615
agreement, in which case the child shall be entitled to	53616
transportation services in the same manner as a pupil attending	53617
school in the district under interdistrict open enrollment as	53618
described in division (H) of section 3313.981 of the Revised Code,	53619
regardless of whether the district has adopted an open enrollment	53620
policy as described in division (B)(1)(b) or (c) of section	53621
3313.98 of the Revised Code.	53622

(J) This division does not apply to a child receiving special	53623
education.	53624

A school district required to pay tuition pursuant to	53625
division (C)(2) or (3) of this section or section 3313.65 of the	53626
Revised Code shall have an amount deducted under division (C) of	53627
section 3317.023 of the Revised Code equal to its own tuition rate	53628
for the same period of attendance. A school district entitled to	53629
receive tuition pursuant to division (C)(2) or (3) of this section	53630
or section 3313.65 of the Revised Code shall have an amount	53631
credited under division (C) of section 3317.023 of the Revised	53632
Code equal to its own tuition rate for the same period of	53633
attendance. If the tuition rate credited to the district of	53634
attendance exceeds the rate deducted from the district required to	53635
pay tuition, the department of education shall pay the district of	53636
attendance the difference from amounts deducted from all	53637
districts' payments under division (C) of section 3317.023 of the	53638
Revised Code but not credited to other school districts under such	53639
division and from appropriations made for such purpose. The	53640
treasurer of each school district shall, by the fifteenth day of	53641
January and July, furnish the superintendent of public instruction	53642
a report of the names of each child who attended the district's	53643
schools under divisions (C)(2) and (3) of this section or section	53644
3313.65 of the Revised Code during the preceding six calendar	53645
months, the duration of the attendance of those children, the	53646
school district responsible for tuition on behalf of the child,	53647
and any other information that the superintendent requires.	53648

Upon receipt of the report the superintendent, pursuant to	53649
division (C) of section 3317.023 of the Revised Code, shall deduct	53650
each district's tuition obligations under divisions (C)(2) and (3)	53651
of this section or section 3313.65 of the Revised Code and pay to	53652
the district of attendance that amount plus any amount required to	53653
be paid by the state.	53654

(K) In the event of a disagreement, the superintendent of	53655
public instruction shall determine the school district in which	53656
the parent resides.	53657

(L) Nothing in this section requires or authorizes, or shall	53658
be construed to require or authorize, the admission to a public	53659
school in this state of a pupil who has been permanently excluded	53660
from public school attendance by the superintendent of public	53661
instruction pursuant to sections 3301.121 and 3313.662 of the	53662
Revised Code.	53663

(M) In accordance with division (B)(1) of this section, a	53664
child whose parent is a member of the national guard or a reserve	53665
unit of the armed forces of the United States and is called to	53666
active duty, or a child whose parent is a member of the armed	53667
forces of the United States and is ordered to a temporary duty	53668
assignment outside of the district, may continue to attend school	53669
in the district in which the child's parent lived before being	53670
called to active duty or ordered to a temporary duty assignment	53671
outside of the district, as long as the child's parent continues	53672
to be a resident of that district, and regardless of where the	53673
child lives as a result of the parent's active duty status or	53674
temporary duty assignment. However, the district is not	53675
responsible for providing transportation for the child if the	53676
child lives outside of the district as a result of the parent's	53677
active duty status or temporary duty assignment.	53678

Sec. 3313.646. (A) The board of education of a school	53679
district, except a cooperative education district established	53680
pursuant to section 3311.521 of the Revised Code, may establish	53681
and operate a ~~preschool~~ program to provide services to	53682
preschool-age children, provided the board has demonstrated a need	53683
for the program. A board may use school funds in support of	53684
preschool programs. The board shall maintain, operate, and admit	53685
children to any such program pursuant to rules adopted by such	53686
board and the rules of the state board of education adopted under	53687
sections 3301.52 to 3301.57 of the Revised Code.	53688

A board of education may establish fees or tuition, which may	53689
be graduated in proportion to family income, for participation in	53690
a preschool program. In cases where payment of fees or tuition	53691
would create a hardship for the child's parent or guardian, the	53692
board may waive any such fees or tuition.	53693

(B) No board of education that is not receiving funds under	53694
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	53695
March 17, 1989, shall compete for funds under the "Head Start Act"	53696
with any grantee receiving funds under that act.	53697

(C) A board of education may contract with any of the	53698
following preschool providers to provide ~~preschool programs~~	53699
services to preschool-age children, other than ~~programs for units~~	53700
~~described by divisions (B) and (C) of~~those services for which the	53701
district is eligible to receive funding under section ~~3317.05~~	53702
3317.0213 of the Revised Code~~, for children of the school~~	53703
~~district~~:	53704

(1) Any organization receiving funds under the "Head Start	53705
Act";	53706

(2) Any nonsectarian eligible nonpublic school as defined in	53707
division (H) of section 3301.52 of the Revised Code;	53708

(3) Any child care provider licensed under Chapter 5104. of	53709
the Revised Code.	53710

Boards may contract to provide ~~preschool programs~~services to	53711
preschool-age children only with such organizations whose staff	53712
meet the requirements of rules adopted under section 3301.53 of	53713
the Revised Code or those of the child development associate	53714
credential established by the national association for the	53715
education of young children.	53716

(D) A contract entered into under division (C) of this	53717
section may provide for the board of education to lease school	53718
facilities to the preschool provider or to furnish transportation,	53719
utilities, or staff for the preschool program.	53720

(E) The treasurer of any board of education operating a	53721
preschool program pursuant to this section shall keep an account	53722
of all funds used to operate the program in the same manner as the	53723
treasurer would any other funds of the district pursuant to this	53724
chapter.	53725

Sec. 3313.65. (A) As used in this section and section	53726
3313.64 of the Revised Code:	53727

(1) A person is "in a residential facility" if the person is	53728
a resident or a resident patient of an institution, home, or other	53729
residential facility that is:	53730

(a) Licensed as a nursing home, residential care facility, or	53731
home for the aging by the director of health under section 3721.02	53732
of the Revised Code;	53733

(b) Maintained as a county home or district home by the board	53734
of county commissioners or a joint board of county commissioners	53735
under Chapter 5155. of the Revised Code;	53736

(c) Operated or administered by a board of alcohol, drug	53737
addiction, and mental health services under section 340.03 or	53738
~~340.06~~ of the Revised Code, or provides residential care pursuant	53739
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	53740
Code;	53741

(d) Maintained as a state institution for the mentally ill	53742
under Chapter 5119. of the Revised Code;	53743

(e) Licensed by the department of ~~mental health~~mental health	53744
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	53745
5119.34 of the Revised Code;	53746

(f) Licensed as a residential facility by the department of	53747
developmental disabilities under section 5123.19 of the Revised	53748
Code;	53749

(g) Operated by the veteran's administration or another	53750
agency of the United States government;	53751

(h) Operated by the Ohio veterans' home.

53752

(2) A person is "in a correctional facility" if any of the	53753
following apply:	53754

(a) The person is an Ohio resident and is:

53755

(i) Imprisoned, as defined in section 1.05 of the Revised	53756
Code;	53757

(ii) Serving a term in a community-based correctional	53758
facility or a district community-based correctional facility;	53759

(iii) Required, as a condition of parole, a post-release	53760
control sanction, a community control sanction, transitional	53761
control, or early release from imprisonment, as a condition of	53762
shock parole or shock probation granted under the law in effect	53763
prior to July 1, 1996, or as a condition of a furlough granted	53764
under the version of section 2967.26 of the Revised Code in effect	53765
prior to March 17, 1998, to reside in a halfway house or other	53766
community residential center licensed under section 2967.14 of the	53767
Revised Code or a similar facility designated by the court of	53768
common pleas that established the condition or by the adult parole	53769
authority.	53770

(b) The person is imprisoned in a state correctional	53771
institution of another state or a federal correctional institution	53772
but was an Ohio resident at the time the sentence was imposed for	53773
the crime for which the person is imprisoned.	53774

(3) A person is "in a juvenile residential placement" if the	53775
person is an Ohio resident who is under twenty-one years of age	53776
and has been removed, by the order of a juvenile court, from the	53777
place the person resided at the time the person became subject to	53778
the court's jurisdiction in the matter that resulted in the	53779
person's removal.	53780

(4) "Community control sanction" has the same meaning as in	53781
section 2929.01 of the Revised Code.	53782

(5) "Post-release control sanction" has the same meaning as	53783
in section 2967.01 of the Revised Code.	53784

(B) If the circumstances described in division (C) of this	53785
section apply, the determination of what school district must	53786
admit a child to its schools and what district, if any, is liable	53787
for tuition shall be made in accordance with this section, rather	53788
than section 3313.64 of the Revised Code.	53789

(C) A child who does not reside in the school district in	53790
which the child's parent resides and for whom a tuition obligation	53791
previously has not been established under division (C)(2) of	53792
section 3313.64 of the Revised Code shall be admitted to the	53793
schools of the district in which the child resides if at least one	53794
of the child's parents is in a residential or correctional	53795
facility or a juvenile residential placement and the other parent,	53796
if living and not in such a facility or placement, is not known to	53797
reside in this state.	53798

(D) Regardless of who has custody or care of the child,	53799
whether the child resides in a home, or whether the child receives	53800
special education, if a district admits a child under division (C)	53801
of this section, tuition shall be paid to that district as	53802
follows:	53803

(1) If the child's parent is in a juvenile residential	53804
placement, by the district in which the child's parent resided at	53805
the time the parent became subject to the jurisdiction of the	53806
juvenile court;	53807

(2) If the child's parent is in a correctional facility, by	53808
the district in which the child's parent resided at the time the	53809
sentence was imposed;	53810

(3) If the child's parent is in a residential facility, by	53811
the district in which the parent resided at the time the parent	53812
was admitted to the residential facility, except that if the	53813
parent was transferred from another residential facility, tuition	53814
shall be paid by the district in which the parent resided at the	53815
time the parent was admitted to the facility from which the parent	53816
first was transferred;	53817

(4) In the event of a disagreement as to which school	53818
district is liable for tuition under division (C)(1), (2), or (3)	53819
of this section, the superintendent of public instruction shall	53820
determine which district shall pay tuition.	53821

(E) If a child covered by division (D) of this section	53822
receives special education in accordance with Chapter 3323. of the	53823
Revised Code, the tuition shall be paid in accordance with section	53824
3323.13 or 3323.14 of the Revised Code. Tuition for children who	53825
do not receive special education shall be paid in accordance with	53826
division (J) of section 3313.64 of the Revised Code.	53827

Sec. 3313.674. (A) Except as provided in division (D) of	53828
this section, the board of education of each city, exempted	53829
village, or local school district and the governing authority of	53830
each chartered nonpublic school may require each student enrolled	53831
in kindergarten, third grade, fifth grade, and ninth grade to	53832
undergo a screening for body mass index and weight status	53833
category.	53834

(B) The board or governing authority may provide any	53835
screenings authorized by this section itself, contract with	53836
another entity for provision of the screenings, or request the	53837
parent or guardian of each student subject to the screening to	53838
obtain the screening from a provider selected by the parent or	53839
guardian and to submit the results to the board or governing	53840
authority. If the board or governing authority provides the	53841
screenings itself or contracts with another entity for provision	53842
of the screenings, the board or governing authority shall protect	53843
student privacy by ensuring that each student is screened alone	53844
and not in the presence of other students or staff.	53845

(C) Each school year, each board or governing authority	53846
electing to require the screening shall provide the parent or	53847
guardian of each student subject to the screening with information	53848
about the screening program. If the board or governing authority	53849
requests parents and guardians to obtain a screening from a	53850
provider of their choosing, the board or governing authority shall	53851
provide them with a list of providers and information about	53852
screening services available in the community to parents and	53853
guardians who cannot afford a private provider.	53854

(D) If the parent or guardian of a student subject to the	53855
screening signs and submits to the board or governing authority a	53856
written statement indicating that the parent or guardian does not	53857
wish to have the student undergo the screening, the board or	53858
governing authority shall not require the student to be screened.	53859

(E) The board or governing authority shall notify the parent	53860
or guardian of each student screened under this section of any	53861
health risks associated with the student's results and shall	53862
provide the parent or guardian with information about	53863
appropriately addressing the risks. For this purpose, the	53864
department of health, in consultation with the department of	53865
education and the healthy choices for healthy children council	53866
established under section 3301.92 of the Revised Code, shall	53867
develop a list of documents, pamphlets, or other resources that	53868
may be distributed to parents and guardians under this division.	53869

(F) The board or governing authority shall maintain the	53870
confidentiality of each student's individual screening results at	53871
all times. No board or governing authority shall report a	53872
student's individual screening results to any person other than	53873
the student's parent or guardian.	53874

(G) In a manner prescribed by rule of the director of health,	53875
each board or governing authority electing to require the	53876
screening shall report aggregated body mass index and weight	53877
status category data collected under this section, and any other	53878
demographic data required by the director, to the department of	53879
health. In the case of a school district, data shall be aggregated	53880
for the district as a whole and not for individual schools within	53881
the district, unless the district operates only one school. In the	53882
case of a chartered nonpublic school, data shall be aggregated for	53883
the school as a whole. The department annually may publish the	53884
data reported under this division, aggregated by county. For each	53885
county in which a district, community school, STEM school, or	53886
chartered nonpublic school has elected not to require the	53887
screening for a school year for which data is published, the	53888
department shall note that the data for the county in which the	53889
district or school is located is incomplete. The department may	53890
share data reported under this division with other governmental	53891
entities for the purpose of monitoring population health, making	53892
reports, or public health promotional activities.	53893

(H) To the extent that this division does not conflict with	53894
the child's IEP, no child with a disability shall be subject to	53895
the requirements of this section.	53896

As used in this section, "child with a disability" and "IEP"	53897
have the same meanings as in section 3323.01 of the Revised Code.	53898

Sec. 3313.714. (A) As used in this section:

53899

(1) "Board of education" means the board of education of a	53900
city, local, exempted village, or joint vocational school	53901
district.	53902

(2) "Healthcheck" means the early and periodic screening,	53903
diagnosis, and treatment program, a component of the ~~medical~~	53904
~~assistance~~medicaid program ~~established under Title XIX of the~~	53905
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	53906
~~amended, and Chapter 5111. of the Revised Code~~.	53907

(3) "Pupil" means a person under age twenty-two enrolled in	53908
the schools of a city, local, exempted village, or joint	53909
vocational school district.	53910

(4) "Parent" means either parent with the following	53911
exceptions:	53912

(a) If one parent has custody by court order, "parent" means	53913
the parent with custody.	53914

(b) If neither parent has legal custody, "parent" means the	53915
person or government entity with legal custody.	53916

(c) The child's legal guardian or a person who has accepted	53917
responsibility for the health, safety, and welfare of the child.	53918

(B) At the request of the department of ~~job and family~~	53919
~~services~~medicaid, a board of education shall establish and	53920
conduct a healthcheck program for pupils enrolled in the schools	53921
of the district who are medicaid recipients ~~of medical assistance~~	53922
~~under Chapter 5111. of the Revised Code~~. At the request of a board	53923
of education, the department may authorize the board to establish	53924
a healthcheck program. A board that establishes a healthcheck	53925
program shall enter into a ~~medical assistance~~medicaid provider	53926
agreement with the department.	53927

A healthcheck program established by a board of education	53928
shall be conducted in accordance with rules adopted by the	53929
medicaid director ~~of job and family services~~ under division (F) of	53930
this section. The healthcheck program shall include all of the	53931
following components:	53932

(1) A comprehensive health and development history;

53933

(2) A comprehensive physical examination;

53934

(3) A developmental assessment;

53935

(4) A nutritional assessment;

53936

(5) A vision assessment;

53937

(6) A hearing assessment;

53938

(7) An immunization assessment;

53939

(8) Lead screening and laboratory tests ordered by a doctor	53940
of medicine or osteopathic medicine as part of one of the other	53941
components;	53942

(9) Such other assessment as may be required by the	53943
department of ~~job and family services~~medicaid in accordance with	53944
the requirements of the healthcheck program.	53945

All services included in a board of education's healthcheck	53946
program that the board provided under sections 3313.67, 3313.673,	53947
3313.68, 3313.69, and 3313.71 of the Revised Code during the	53948
1990-1991 school year shall continue to be provided to ~~medical~~	53949
~~assistance~~medicaid recipients by the board pursuant to those	53950
sections. The services shall be considered part of the healthcheck	53951
program for medicaid recipients ~~of medical assistance~~, and the	53952
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	53953
department in accordance with this division for providing the	53954
services.	53955

The department shall ~~reimburse~~pay boards of education for	53956
healthcheck program services provided under this division at the	53957
rates paid under the ~~medical assistance~~medicaid program to	53958
physicians, dentists, nurses, and other providers of healthcheck	53959
services.	53960

(C) Each board of education that conducts a healthcheck	53961
program shall determine for each pupil enrolled in the schools of	53962
the district whether the pupil is a ~~medical assistance~~medicaid	53963
recipient. The department of ~~job and family services~~medicaid and	53964
county departments of ~~human services~~job and family services shall	53965
assist the board in making these determinations. Except as	53966
necessary to carry out the purposes of this section, all	53967
information received by a board under this division shall be	53968
confidential.	53969

Before the first day of October of each year, each board that	53970
conducts a healthcheck program shall send the parent of each pupil	53971
who is under age eighteen and a medicaid recipient ~~of medical~~	53972
~~assistance~~ notice that the pupil will be examined under the	53973
district's healthcheck program unless the parent notifies the	53974
board that the parent denies consent for the examination. The	53975
notice shall include a form to be used by the parent to indicate	53976
that the parent denies consent. The denial shall be effective only	53977
if the form is signed by the parent and returned to the board or	53978
the school in which the pupil is enrolled. If the parent does not	53979
return a signed form indicating denial of consent within two weeks	53980
after the date the notice is sent, the school district and the	53981
department of ~~job and family services~~medicaid shall deem the	53982
parent to have consented to examination of the parent's child	53983
under the healthcheck program. In the case of a pupil age eighteen	53984
or older, the notice shall be given to the pupil, and the school	53985
district and the department of ~~job and family services~~medicaid	53986
shall deem the pupil to have consented to examination unless the	53987
pupil returns the signed form indicating the pupil's denial of	53988
consent.	53989

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

53990

(a) "Nonfederal share" means the portion of expenditures for	53991
services that is required under the ~~medical assistance~~medicaid	53992
program to be paid for with state or local government funds.	53993

(b) "Federal financial participation" means the portion of	53994
expenditures for services that is ~~reimbursed~~payable under the	53995
~~medical assistance~~medicaid program with federal funds.	53996

(2) At the request of a board of education, the state	53997
department may enter into an agreement with the board under which	53998
the board provides medical services to a medicaid recipient of	53999
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	54000
~~assistance~~medicaid program but not under the healthcheck program.	54001
The agreement may be for a term specified in the agreement and	54002
renewable by mutual consent of the board and the department, or	54003
may continue in force as long as agreeable to the board and the	54004
department.	54005

The board shall use state or local funds of the district to	54006
pay the nonfederal share of expenditures for services provided	54007
under this division. Prior to entering into or renewing an	54008
agreement and at any other time requested by the department while	54009
the agreement is in force, the board shall certify to the	54010
department in accordance with the rules adopted under division (F)	54011
of this section that it will have sufficient state or local funds	54012
to pay the nonfederal share of expenditures under this division.	54013
If the board fails to make the certification, the department shall	54014
not enter into or renew the agreement. If an agreement has been	54015
entered into, it shall be void unless the board makes the	54016
certification not later than fifteen days after receiving notice	54017
from the department that the certification is due. The board shall	54018
report to the department, in accordance with the rules, the amount	54019
of state or local funds it spends to provide services under this	54020
division.	54021

The department shall ~~reimburse~~pay the board the federal	54022
financial participation allowed for the board's expenditures for	54023
services under this division. The total of the nonfederal share	54024
spent by the board and the federal financial participation	54025
~~reimbursed~~paid by the department for a service rendered under	54026
this division shall be an amount agreed to by the board and the	54027
department, but shall not exceed the maximum ~~reimbursable~~payable	54028
amount for that service under rules adopted ~~by the director of job~~	54029
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	54030
Revised Code. The rules adopted under division (F) of this section	54031
shall include procedures under which the department will recover	54032
from a board overpayments and subsequent federal audit	54033
disallowances of federal financial participation ~~reimbursed~~paid	54034
by the department.	54035

(E) A board of education shall provide services under	54036
division (D) of this section and under its healthcheck program as	54037
provided in division (E)(1), (2), or (3) of this section:	54038

(1) By having the services performed by physicians, dentists,	54039
and nurses employed by the board;	54040

(2) By contracting with physicians, dentists, nurses, and	54041
other providers of services who have ~~medical assistance~~medicaid	54042
provider agreements with the department of ~~job and family services~~	54043
medicaid;	54044

(3) By having some of the services performed by persons	54045
described in division (E)(1) of this section and others performed	54046
by persons described in division (E)(2) of this section.	54047

(F) The medicaid director ~~of job and family services~~ shall	54048
adopt rules in accordance with Chapter 119. of the Revised Code	54049
governing healthcheck programs conducted under this section and	54050
services provided under division (D) of this section.	54051

Sec. 3313.715. The board of education of a school district	54052
may request from the director of developmental disabilities the	54053
appropriate identification numbers for all students residing in	54054
the district who are ~~medical assistance~~medicaid recipients ~~under~~	54055
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	54056
numbers upon receipt of lists of student names furnished by the	54057
district board, in such form as the director may require.	54058

The medicaid director ~~of job and family services~~ shall	54059
provide the director of developmental disabilities with the data	54060
necessary for compliance with this section.	54061

Section 3319.321 of the Revised Code does not apply to the	54062
release of student names or other data to the director of	54063
developmental disabilities for the purposes of this section.	54064
Chapter 1347. of the Revised Code does not apply to information	54065
required to be kept by a school board or the departments of ~~job~~	54066
~~and family services~~medicaid or developmental disabilities to the	54067
extent necessary to comply with this section and section 3313.714	54068
of the Revised Code. However, any such information or data shall	54069
be used only for the specific legal purposes of such boards and	54070
departments and shall not be released to any unauthorized person.	54071

Sec. 3313.82. The board of education of each ~~city and~~	54072
~~exempted village~~ school district and the governing board of each	54073
educational service center shall appoint a business advisory	54074
council, except that a school district that has entered into an	54075
agreement under section 3313.843 or 3313.845 of the Revised Code	54076
to receive any services from an educational service center is not	54077
required to appoint a council if the school district and	54078
educational service center agree that the educational service	54079
center's council will represent the business of the district. The	54080
council shall advise and provide recommendations to the board on	54081
matters specified by the board including, but not necessarily	54082
limited to, the delineation of employment skills and the	54083
development of curriculum to instill these skills; changes in the	54084
economy and in the job market, and the types of employment in	54085
which future jobs are most likely to be available; and suggestions	54086
for developing a working relationship among businesses, labor	54087
organizations, and educational personnel ~~in the district or in~~	54088
~~the territory of the educational service center~~. Each board shall	54089
determine the membership and organization of its council.	54090
Notwithstanding division (D) of section 3311.19 and division (D)	54091
of section 3311.52 of the Revised Code, this section shall not	54092
apply to the board of education of any joint vocational school	54093
district or any cooperative education school district created	54094
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	54095
Code.	54096

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	54097
operating more cost effectively, minimizing administrative	54098
overhead, encouraging the sharing of resource development, and	54099
diminishing duplication, the boards of education of two or more	54100
city, local, or exempted village school districts each having a	54101
majority of its territory in a county with a population greater	54102
than one million two hundred thousand, by adopting identical	54103
resolutions, may enter into an agreement providing for the	54104
creation of a regional student education district for the purpose	54105
of funding the following for students enrolled in those school	54106
districts, including students diagnosed as autistic and students	54107
with special needs, and their immediate family members:	54108

(a) Special education services;

54109

(b) Behavioral health services for persons with special	54110
needs.	54111

If more than eight boards of education adopt resolutions to	54112
form a regional student education district, the boards may meet at	54113
facilities of the educational service center of the county to	54114
discuss membership in the district.	54115

(2) The territory of a regional student education district at	54116
any time shall be composed of the combined territories of the	54117
school districts that are parties to the agreement at that time.	54118
Services funded by a regional student education district shall be	54119
available to all individuals enrolled in a school district that is	54120
a part of the regional student education district and members of	54121
their immediate family.	54122

(3) The agreement may be amended pursuant to terms and	54123
procedures mutually agreed to by the boards of education that are	54124
parties to the agreement.	54125

(B) Each regional student education district shall be	54126
governed by a board of directors. The superintendent of each board	54127
of education that is a party to the agreement shall serve on the	54128
board of directors. The agreement shall provide for the terms of	54129
office of directors. Directors shall receive no compensation, but	54130
shall be reimbursed, from the special fund of the regional student	54131
education district, for the reasonable and necessary expenses they	54132
incur in the performance of their duties for the district. The	54133
agreement shall provide for the conduct of the board's initial	54134
organizational meeting and for the frequency of subsequent	54135
meetings and quorum requirements. At its first meeting, the board	54136
shall designate from among its members a president and secretary	54137
in the manner provided in the agreement.	54138

The board of directors of a regional student education	54139
district is a body corporate and politic, is capable of suing and	54140
being sued, is capable of contracting within the limits of this	54141
section and the agreement governing the district, and is capable	54142
of accepting gifts, donations, bequests, or other grants of money	54143
for use in paying its expenses. The district is a public office	54144
and its directors are public officials within the meaning of	54145
section 117.01 of the Revised Code, the board of directors is a	54146
public body within the meaning of section 121.22 of the Revised	54147
Code, and records of the board and of the district are public	54148
records within the meaning of section 149.43 of the Revised Code.	54149

The agreement shall require the board to designate a	54150
permanent location for its offices and meeting place, and may	54151
provide for the use of such facilities and property for the	54152
provision of services by the agencies with which the board	54153
contracts under division (C) of this section.	54154

(C)(1) To provide the services identified in division (A)(1)	54155
of this section, the board of directors of a regional student	54156
education district shall provide for the hiring of employees or	54157
shall contract with one or more entities. Except as provided in	54158
division (C)(2) of this section, any entity with which the board	54159
of directors contracts to provide the services identified in	54160
division (A)(1)(b) of this section shall be a qualified nonprofit,	54161
nationally accredited agency to which both of the following apply:	54162

(a) The agency is licensed or certified by the departments of	54163
~~mental health,~~mental health and addiction services and job and	54164
family services~~, and alcohol and drug addiction services~~.	54165

(b) The agency provides school-based behavioral health	54166
services.	54167

(2) The board of directors may contract with an entity that	54168
does not meet the conditions stated in division (C)(1) of this	54169
section if the services to be provided by the entity are only	54170
incidental to the services identified in division (A)(1)(b) of	54171
this section.	54172

(3) The board of directors may levy a tax throughout the	54173
district as provided in section 5705.2111 of the Revised Code. The	54174
board of directors shall provide for the creation of a special	54175
fund to hold the proceeds of any tax levied under section	54176
5705.2111 of the Revised Code and any gifts, donations, bequests,	54177
or other grants of money coming into the possession of the	54178
district. A regional student education district is a subdivision,	54179
and the board of directors is a governing body, within the meaning	54180
of section 135.01 of the Revised Code. The board of directors may	54181
not issue securities or otherwise incur indebtedness.	54182

(4) The adoption or rejection by electors of a tax levy to	54183
fund a regional student education district pursuant to section	54184
5705.2111 of the Revised Code does not alter the duty of each	54185
school district member of the regional student education district	54186
to provide special education and related services as required	54187
under Chapter 3323. of the Revised Code. On the expiration of a	54188
regional student education district levy, the state, member school	54189
districts of the regional student education district, and any	54190
other governmental entity shall not be obligated to provide	54191
replacement funding for the revenues under the expired levy. The	54192
tax levy, in whole or in part, shall not be considered a levy for	54193
current operating expenses pursuant to division (A) of section	54194
3317.01 of the Revised Code for any of the school districts that	54195
are members of the regional student education district.	54196

(D)(1) The agreement shall provide for the manner of	54197
appointing an individual or entity to perform the duties of fiscal	54198
officer of the regional student education district. The agreement	54199
shall specify the length of time the individual or entity shall	54200
perform those duties and whether the individual or entity may be	54201
reappointed upon the completion of a term. The fiscal officer may	54202
receive compensation for performing the duties of the position and	54203
be reimbursed for reasonable expenses of performing those duties	54204
from the regional student education district's special fund.	54205

(2) The legal advisor of the board of directors of a regional	54206
student education district shall be the prosecuting attorney of	54207
the most populous county containing a school district that is a	54208
member of the regional student education district. The prosecuting	54209
attorney shall prosecute all actions against a member of the board	54210
of directors for malfeasance or misfeasance in office and shall be	54211
the legal counsel for the board and its members in all other	54212
actions brought by or against them and shall conduct those actions	54213
in the prosecuting attorney's official capacity. No compensation	54214
in addition to the prosecuting attorney's regular salary shall be	54215
allowed.	54216

(E) The board of directors of a regional student education	54217
district shall procure a policy or policies of insurance insuring	54218
the board, the fiscal officer, and the legal representative	54219
against liability on account of damage or injury to persons and	54220
property. Before procuring such insurance the board shall adopt a	54221
resolution setting forth the amount of insurance to be purchased,	54222
the necessity of the insurance, and a statement of its estimated	54223
premium cost. Insurance procured pursuant to this section shall be	54224
from one or more recognized insurance companies authorized to do	54225
business in this state. The cost of the insurance shall be paid	54226
from the district's special fund.	54227

A regional student education district is a political	54228
subdivision within the meaning of section 2744.01 of the Revised	54229
Code.	54230

(F)(1) The board of education of a school district having a	54231
majority of its territory in the county may join an existing	54232
regional student education district by adopting a resolution	54233
requesting to join as a party to the agreement and upon approval	54234
by the boards of education that currently are parties to the	54235
agreement. If a tax is levied in the regional student education	54236
district under section 5705.2111 of the Revised Code, a board of	54237
education may join the district only after a majority of qualified	54238
electors in the school district voting on the question vote in	54239
favor of levying the tax throughout the school district. A board	54240
of education joining an existing district shall have the same	54241
powers, rights, and obligations under the agreement as other	54242
boards of education that are parties to the agreement.	54243

(2) A board of education that is a party to an agreement	54244
under this section may withdraw the school district from a	54245
regional student education district by adopting a resolution. The	54246
withdrawal shall take effect on the date provided in the	54247
resolution. If a tax is levied in the regional student education	54248
district under section 5705.2111 of the Revised Code, the	54249
resolution shall take effect not later than the first day of	54250
January following adoption of the resolution. Beginning with the	54251
first day of January following adoption of the resolution, any tax	54252
levied under section 5705.2111 of the Revised Code shall not be	54253
levied within the territory of the withdrawing school district.	54254
Any collection of tax levied in the territory of the withdrawing	54255
school district under that section that has not been settled and	54256
distributed when the resolution takes effect shall be credited to	54257
the district's special fund.	54258

(G) An agreement entered into under this section shall	54259
provide for the manner of the regional student education	54260
district's dissolution. The district shall cease to exist when not	54261
more than one school district remains in the district, and the	54262
levy of any tax under section 5705.2111 of the Revised Code shall	54263
not be extended on the tax lists in any tax year beginning after	54264
the dissolution of the district. The agreement shall provide that,	54265
upon dissolution of the district, any unexpended balance in the	54266
district's special fund shall be divided among the school	54267
districts that are parties to the agreement immediately before	54268
dissolution in proportion to the taxable valuation of taxable	54269
property in the districts, and credited to their respective	54270
general funds.	54271

Sec. 3313.841. The boards of education and governing boards	54272
of two or more city, local, joint vocational, or exempted village	54273
school districts or educational service centers may contract in	54274
accordance with the terms of this section for the sharing on a	54275
cooperative basis of the services of supervisory teachers, special	54276
instruction teachers, special education teachers, and other	54277
licensed personnel necessary to conduct approved cooperative	54278
classes for special education and related services and gifted	54279
education.	54280

The boards of two or more districts or service centers	54281
desiring to enroll students in such classes shall each adopt	54282
resolutions indicating such desire and designating one of the	54283
participating districts or service centers as the funding agent	54284
for purposes of this section. The district or service center	54285
designated as the funding agent shall enter into an employment	54286
contract with each licensed teacher whose services are to be	54287
shared among the participating districts and service centers. In	54288
turn, the funding agent shall enter into contracts with each of	54289
the districts and service centers which have adopted resolutions	54290
agreeing to participate in the cooperative program upon terms	54291
agreed to by all parties to such contract. Such contracts between	54292
districts and service centers shall set forth the services to be	54293
provided by the licensed teacher employed by the funding agent	54294
whose services are to be shared by the participating districts and	54295
service centers and the basis for computing the amounts to be paid	54296
for such services to the funding agent by the participating	54297
districts and service centers.	54298

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	54299
the Revised Code, the funding agent shall count all pupils	54300
enrolled in cooperative programs for pupils with disabilities as	54301
pupils enrolled in such programs in the funding agent district.	54302
Upon receipt of payment for such programs, the funding agent	54303
district shall credit the account of districts participating in	54304
the cooperative program for the amounts due under contracts	54305
entered into under the terms of this section in proportion to the	54306
number of resident students enrolled in the cooperative program	54307
from each participating district and service center.	54308

In determining the terms of the contract entered into by the	54309
funding agent district or service center and the participating	54310
districts and service centers, the superintendent of schools of	54311
each participating board of education and governing board shall	54312
serve as a committee which shall recommend such terms to such	54313
boards.	54314

Sec. 3313.843. (A) Notwithstanding division (D) of section	54315
3311.52 of the Revised Code, this section does not apply to any	54316
cooperative education school district.	54317

(B)(1) The board of education of each city, exempted village,	54318
or local school district with an average daily student enrollment	54319
of sixteen thousand or less, reported for the district on the most	54320
recent report card issued under section 3302.03 of the Revised	54321
Code, shall enter into an agreement with the governing board of an	54322
educational service center, under which the educational service	54323
center governing board will provide services to the district.	54324

(2) The board of education of a city, exempted village, or	54325
local school district with an average daily student enrollment of	54326
more than sixteen thousand may enter into an agreement with the	54327
governing board of an educational service center, under which the	54328
educational service center governing board will provide services	54329
to the district.	54330

(3) Services provided under an agreement entered into under	54331
division (B)(1) or (2) of this section shall be specified in the	54332
agreement, and may include any of the following: supervisory	54333
teachers; in-service and continuing education programs for	54334
district personnel; curriculum services; research and development	54335
programs; academic instruction for which the governing board	54336
employs teachers pursuant to section 3319.02 of the Revised Code;	54337
assistance in the provision of special accommodations and classes	54338
for students with disabilities; or any other services the district	54339
board and service center governing board agree can be better	54340
provided by the service center and are not provided under an	54341
agreement entered into under section 3313.845 of the Revised Code.	54342
Services included in the agreement shall be provided to the	54343
district in the manner specified in the agreement. The district	54344
board of education shall reimburse the educational service center	54345
governing board pursuant to ~~section 3317.11 of the Revised Code~~	54346
division (H) of this section.	54347

~~Beginning with the 2012-2013 school year, the board of any~~	54348
~~district described in division (B)(2) of this section may elect~~	54349
~~not to receive the supervisory services for which supervisory~~	54350
~~units are paid under division (B) of section 3317.11 of the~~	54351
~~Revised Code, provided that election is specified in the~~	54352
~~agreement.~~	54353

(C) Any agreement entered into pursuant to this section shall	54354
be filed with the department of education by the first day of July	54355
of the school year for which the agreement is in effect.	54356

(D)(1) An agreement for services from an educational service	54357
center entered into under this section may be terminated by the	54358
school district board of education, at its option, by notifying	54359
the governing board of the service center by March 1, 2012, or by	54360
the first day of January of any odd-numbered year thereafter, that	54361
the district board intends to terminate the agreement in that	54362
year, and that termination shall be effective on the thirtieth day	54363
of June of that year. The failure of a district board to notify an	54364
educational service center of its intent to terminate an agreement	54365
by March 1, 2012, shall result in renewal of the existing	54366
agreement for the following school year. Thereafter, the failure	54367
of a district board to notify an educational service center of its	54368
intent to terminate an agreement by the first day of January of an	54369
odd-numbered year shall result in renewal of the existing	54370
agreement for the following two school years.	54371

(2) If the school district that terminates an agreement for	54372
services under division (D)(1) of this section is also subject to	54373
the requirement of division (B)(1) of this section, the district	54374
board shall enter into a new agreement with any educational	54375
service center so that the new agreement is effective on the first	54376
day of July of that same year.	54377

(3) If all moneys owed by a school district to an educational	54378
service center under an agreement for services terminated under	54379
division (D)(1) of this section have been paid in full by the	54380
effective date of the termination, the governing board of the	54381
service center shall submit an affidavit to the department	54382
certifying that fact not later than fifteen days after the	54383
termination's effective date. Notwithstanding anything in the	54384
Revised Code to the contrary, until the department receives such	54385
an affidavit, it shall not make any payments to any other	54386
educational service center with which the district enters into an	54387
agreement under this section for services that the educational	54388
service center provides to the district.	54389

(E) An educational service center may apply to any state or	54390
federal agency for competitive grants. It may also apply to any	54391
private entity for additional funds.	54392

(F) Not later than January 1, 2014, each educational service	54393
center shall post on its web site a list of all of the services	54394
that it provides and the corresponding cost for each of those	54395
services.	54396

(G)(1) For purposes of calculating any state subsidy to be	54397
paid to an educational service center for services provided to a	54398
school district, the service center's student count shall be the	54399
sum of the total student counts of all the school districts with	54400
which the educational service center has entered into an agreement	54401
under this section.	54402

(2) When a district enters into a new agreement with a new	54403
educational service center, the department of education shall	54404
ensure that the state subsidy for services provided to the	54405
district is paid to the new educational service center and that	54406
the educational service center with which the district previously	54407
had an agreement is no longer paid a state subsidy for providing	54408
services to that district.	54409

(H) Pursuant to division (B) of section 3317.023 of the	54410
Revised Code, the department annually shall deduct from each	54411
school district that enters into an agreement with an educational	54412
service center under this section, and pay to the service center,	54413
an amount equal to six dollars and fifty cents times the school	54414
district's total student count. The district board of education,	54415
or the district superintendent acting on behalf of the district	54416
board, may agree to pay an amount in excess of six dollars and	54417
fifty cents per student in total student count. If a majority of	54418
the boards of education, or superintendents acting on behalf of	54419
the boards, of the districts that entered into an agreement under	54420
this section approve an amount in excess of six dollars and fifty	54421
cents per student in total student count, each district shall pay	54422
the excess amount to the service center.	54423

(I) For purposes of this section, a school district's "total	54424
student count" means the average daily student enrollment reported	54425
on the most recent report card issued for the district pursuant to	54426
section 3302.03 of the Revised Code.	54427

Sec. 3313.844. The governing authority of a community school	54428
established under Chapter 3314. of the Revised Code and the	54429
governing board of an educational service center may enter into an	54430
agreement, through adoption of identical resolutions, under which	54431
the service center board will provide services to the community	54432
school. Services provided under the agreement and the amount and	54433
manner in which the community school ~~board~~ will pay for such	54434
services shall be mutually agreed to by the school's governing	54435
~~board~~authority and the service center board, and shall be	54436
specified in the service agreement. If specified in the agreement	54437
as the manner of payment, the department of education shall pay	54438
the service center the amount due to it under the agreement and	54439
shall deduct that amount from the payments made to the community	54440
school under Chapter 3314. of the Revised Code. Any agreement	54441
entered into under this section shall be valid only if a copy is	54442
filed with the department.	54443

Sec. 3313.845. The board of education of a city, exempted	54444
village, or local, or joint vocational school district and the	54445
governing board of an educational service center may enter into an	54446
agreement under which the educational service center will provide	54447
services to the school district. Services provided under the	54448
agreement and the amount to be paid for such services shall be	54449
mutually agreed to by the district board of education and the	54450
service center governing board, and shall be specified in the	54451
agreement. Payment for services specified in the agreement shall	54452
be made pursuant to ~~division (D) of section 3317.11 of the~~	54453
~~Revised Code and shall not include any deduction under division~~	54454
~~(B), (C), or (F) of that section~~the terms of that agreement. If	54455
specified in the agreement as the manner of payment, the	54456
department of education shall pay the service center the amount	54457
due to it under the agreement and shall deduct that amount from	54458
the payments made to the city, exempted village, local, or joint	54459
vocational school district under Chapter 3317. of the Revised	54460
Code. Any agreement entered into pursuant to this section shall be	54461
valid only if a copy is filed with the department ~~of education~~.	54462

The authority granted under this section to the boards of	54463
education of city, exempted village, and local school districts is	54464
in addition to the authority granted to such boards under section	54465
3313.843 of the Revised Code.	54466

Sec. 3313.848. (A) As used in this section:

54467

(1) "Client" means a city, local, or exempted village school	54468
district, community school established under Chapter 3314. of the	54469
Revised Code, STEM school established under Chapter 3326. of the	54470
Revised Code, or political subdivision.	54471

(2) "Governing body" means the board of education of a school	54472
district, governing authority of a community school, governing	54473
body of a STEM school, or governing body of a political	54474
subdivision.	54475

(3) "Political subdivision" has the same meaning as used in	54476
section 3313.846 of the Revised Code.	54477

(4) "Service agreement" means an agreement that a client has	54478
entered into with an educational service center under section	54479
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	54480
Code and any subsequent amendment to that agreement.	54481

(B) If at the end of a fiscal year for which a service	54482
agreement is in effect any of the funds paid directly by a client	54483
to the educational service center under the agreement are	54484
unexpended and unobligated, a client's governing body may elect to	54485
have the service center retain the unexpended and unobligated	54486
funds for the purpose of applying them toward any payment the	54487
client will owe to the service center under a service agreement	54488
for the next fiscal year. The treasurer or fiscal officer of the	54489
client shall indicate on the client's end-of-year financial report	54490
that unexpended funds have been retained by the service center and	54491
the amount of those funds.	54492

(C) A client shall expend its funds retained under division	54493
(B) of this section only for services specifically set forth under	54494
a service agreement. The treasurer of the educational service	54495
center shall keep a record of the client's expenditure and the	54496
service or services for which the expenditure was made. On at	54497
least an annual basis, or upon the request of the client's	54498
governing body or its treasurer or fiscal officer, the treasurer	54499
of the service center shall notify the client's treasurer or	54500
fiscal officer of the expenditures recorded under this division.	54501
The client's treasurer or fiscal officer shall include that	54502
information in the financial report made by the treasurer or	54503
fiscal officer at the next meeting of the client's governing body	54504
that occurs following receipt of the information.	54505

Sec. 3313.849. The governing bodies of two or more city,	54506
exempted village, local, or joint vocational school districts,	54507
community schools established under Chapter 3314. of the Revised	54508
Code, or STEM schools established under Chapter 3326. of the	54509
Revised Code, may mutually agree to share supervisory, curriculum,	54510
teaching, special education, professional development, or any	54511
other services offered by an educational service center and may	54512
pool their funding to pay the cost of receiving those services.	54513
Each of the governing bodies of the districts or schools	54514
participating in shared services pursuant to this section shall	54515
specify in its service agreement with the service center under	54516
section 3313.843, 3313.844, 3313.845, or 3326.45 of the Revised	54517
Code which services that the participants have agreed to share,	54518
any other districts or schools participating in the shared	54519
services, and the amount of funds that the governing body will	54520
contribute toward the total cost of the shared services. Each	54521
governing body's funding contribution shall be paid to the service	54522
center in accordance with section 3313.843, 3313.844, 3313.845, or	54523
3326.45 of the Revised Code, as applicable.	54524

The authority granted under this section is in addition to	54525
the authority granted to school district boards of education under	54526
section 3313.841 of the Revised Code.	54527

Sec. 3313.88. (A)(1) Prior to the first day of August of	54528
each school year, the board of education of any school district or	54529
the governing authority of any chartered nonpublic school may	54530
submit to the department of education a plan to require students	54531
to access and complete classroom lessons posted on the district's	54532
or nonpublic school's web portal or web site in order to make up	54533
days in that school year on which it is necessary to close schools	54534
for any of the reasons specified in division (B) of section	54535
3317.01 of the Revised Code in excess of the number of days	54536
permitted under sections 3313.48, 3313.481, and 3317.01 of the	54537
Revised Code.	54538

Prior to the first day of August of each school year, the	54539
governing authority of any community school established under	54540
Chapter 3314. that is not an internet- or computer-based community	54541
school, as defined in section 3314.02 of the Revised Code, may	54542
submit to the department a plan to require students to access and	54543
complete classroom lessons posted on the school's web portal or	54544
web site in order to make up days or hours in that school year on	54545
which it is necessary to close the school for any of the reasons	54546
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	54547
Code so that the school is in compliance with the minimum number	54548
of hours required under Chapter 3314. of the Revised Code.	54549

A plan submitted by a school district board or chartered	54550
nonpublic school governing authority shall provide for making up	54551
any number of days, up to a maximum of three days. A plan	54552
submitted by a community school governing authority shall provide	54553
for making up any number of hours, up to a maximum of the	54554
equivalent of three days. Provided the plan meets all requirements	54555
of this section, the department shall permit the board or	54556
governing authority to implement the plan for the applicable	54557
school year.	54558

(2) Each plan submitted under this section by a school	54559
district board of education shall include the written consent of	54560
the teachers' employee representative designated under division	54561
(B) of section 4117.04 of the Revised Code.	54562

(3) Each plan submitted under this section shall provide for	54563
the following:	54564

(a) Not later than the first day of November of the school	54565
year, each classroom teacher shall develop a sufficient number of	54566
lessons for each course taught by the teacher that school year to	54567
cover the number of make-up days or hours specified in the plan.	54568
The teacher shall designate the order in which the lessons are to	54569
be posted on the district's, community school's, or nonpublic	54570
school's web portal or web site in the event of a school closure.	54571
Teachers may be granted up to one professional development day to	54572
create lesson plans for those lessons.	54573

(b) To the extent possible and necessary, a classroom teacher	54574
shall update or replace, based on current instructional progress,	54575
one or more of the lesson plans developed under division (A)(3)(a)	54576
of this section before they are posted on the web portal or web	54577
site under division (A)(3)(c) of this section or distributed under	54578
division (B) of this section.	54579

(c) As soon as practicable after a school closure, a district	54580
or school employee responsible for web portal or web site	54581
operations shall make the designated lessons available to students	54582
on the district's, community school's, or nonpublic school's	54583
portal or site. A lesson shall be posted for each course that was	54584
scheduled to meet on the day or hours of the closure.	54585

(d) Each student enrolled in a course for which a lesson is	54586
posted on the portal or site shall be granted a two-week period	54587
from the date of posting to complete the lesson. The student's	54588
classroom teacher shall grade the lesson in the same manner as	54589
other lessons. The student may receive an incomplete or failing	54590
grade if the lesson is not completed on time.	54591

(e) If a student does not have access to a computer at the	54592
student's residence and the plan does not include blizzard bags	54593
under division (B) of this section, the student shall be permitted	54594
to work on the posted lessons at school after the student's school	54595
reopens. If the lessons were posted prior to the reopening, the	54596
student shall be granted a two-week period from the date of the	54597
reopening, rather than from the date of posting as otherwise	54598
required under division (A)(3)(d) of this section, to complete the	54599
lessons. The district board or community school or nonpublic	54600
school governing authority may provide the student access to a	54601
computer before, during, or after the regularly scheduled school	54602
day or may provide a substantially similar paper lesson in order	54603
to complete the lessons.	54604

(B)(1) In addition to posting classroom lessons online under	54605
division (A) of this section, the board of education of any school	54606
district or governing authority of any community or chartered	54607
nonpublic school may include in the plan distribution of "blizzard	54608
bags," which are paper copies of the lessons posted online.	54609

(2) If a school opts to use blizzard bags, teachers shall	54610
prepare paper copies in conjunction with the lessons to be posted	54611
online and update the paper copies whenever the teacher updates	54612
the online lesson plans.	54613

(3) The board of education of any school district or	54614
governing authority of any community or chartered nonpublic school	54615
that opts to use blizzard bags shall specify in the plan the	54616
method of distribution of blizzard bag lessons, which may include,	54617
but not be limited to, requiring distribution by a specific	54618
deadline or requiring distribution prior to anticipated school	54619
closure as directed by the superintendent of a school district or	54620
the principal, director, chief administrative officer, or the	54621
equivalent, of a school.	54622

(4) Students shall turn in completed lessons in accordance	54623
with division (A)(3)(d) of this section.	54624

(C)(1) No school district that implements a plan in	54625
accordance with this section shall be considered to have failed to	54626
comply with division (B) of section 3317.01 of the Revised Code	54627
with respect to the number of make-up days specified in the plan.	54628

(2) No community school that implements a plan in accordance	54629
with this section shall be considered to have failed to comply	54630
with the minimum number of hours required under Chapter 3314. of	54631
the Revised Code with respect to the number of make-up hours	54632
specified in the plan.	54633

Sec. 3313.911. The state board of education may adopt a	54634
resolution assigning a city, exempted village, or local school	54635
district that is not a part of a joint vocational school district	54636
to membership in a joint vocational school district. A copy of the	54637
resolution shall be certified to the board of education of the	54638
joint vocational school district and the board of education of the	54639
district proposed to be assigned. The board of education of the	54640
joint vocational school district shall advertise a copy of the	54641
resolution in a newspaper of general circulation in the district	54642
proposed to be assigned once each week for two weeks, or as	54643
provided in section 7.16 of the Revised Code, immediately	54644
following the certification of the resolution to the board. The	54645
assignment shall take effect on the ninety-first day after the	54646
state board adopts the resolution, unless prior to that date	54647
qualified electors residing in the school district proposed for	54648
assignment, equal in number to ten per cent of the qualified	54649
electors of that district voting at the last general election,	54650
file a petition against the assignment.	54651

The petition of referendum shall be filed with the treasurer	54652
of the board of education of the district proposed to be assigned	54653
to the joint vocational school district. The treasurer shall give	54654
the person presenting the petition a receipt showing the time of	54655
day, date, and purpose of the petition. The treasurer shall cause	54656
the board of elections to determine the sufficiency of signatures	54657
on the petition and if the signatures are found to be sufficient,	54658
shall present the petition to the board of education of the	54659
district. The board of education shall promptly certify the	54660
question to the board of elections for the purpose of having the	54661
question placed on the ballot at the next general, primary, or	54662
special election not earlier than sixty days after the date of the	54663
certification.	54664

Only those qualified electors residing in the district	54665
proposed for assignment to the joint vocational school district	54666
are qualified to vote on the question. If a majority of the	54667
electors voting on the question vote against the assignment, it	54668
shall not take place, and the state board of education shall	54669
require the district to contract with the joint vocational school	54670
district or another school district as authorized by section	54671
3313.91 of the Revised Code.	54672

If a majority of the electors voting on the question do not	54673
vote against the assignment, the assignment shall take immediate	54674
effect, and the board of education of the joint vocational school	54675
district shall notify the county auditor of the county in which	54676
the school district becoming a part of the joint vocational school	54677
district is located to have any outstanding levy of the joint	54678
vocational school district spread over the territory of the school	54679
district that has become a part of the joint vocational school	54680
district.	54681

The assignment of a school district to a joint vocational	54682
school district pursuant to this section is subject to any	54683
agreements made between the board of education of the assigned	54684
school district and the board of education of the joint vocational	54685
school district. Such an agreement may include provisions for a	54686
payment by the assigned school district to the joint vocational	54687
school district of an amount to be contributed toward the cost of	54688
the existing facilities of the joint vocational school district.	54689

~~On the assignment of a school district to a joint vocational~~	54690
~~school district pursuant to this section, the joint vocational~~	54691
~~school district's board of education shall submit a proposal to~~	54692
~~the state board of education to enlarge or reorganize the~~	54693
~~membership of the joint vocational school district's board of~~	54694
~~education if expansion or reorganization of the board is necessary~~	54695
~~in order to comply with section 3311.19 of the Revised Code.~~	54696

Sec. 3313.976. (A) No private school may receive scholarship	54697
payments from parents pursuant to section 3313.979 of the Revised	54698
Code until the chief administrator of the private school registers	54699
the school with the superintendent of public instruction. The	54700
state superintendent shall register any school that meets the	54701
following requirements:	54702

(1) The school is located within the boundaries of the pilot	54703
project school district;	54704

(2) The school indicates in writing its commitment to follow	54705
all requirements for a state-sponsored scholarship program	54706
specified under sections 3313.974 to 3313.979 of the Revised Code,	54707
including, but not limited to, the requirements for admitting	54708
students pursuant to section 3313.977 of the Revised Code;	54709

(3) The school meets all state minimum standards for	54710
chartered nonpublic schools in effect on July 1, 1992, except that	54711
the state superintendent at the superintendent's discretion may	54712
register nonchartered nonpublic schools meeting the other	54713
requirements of this division;	54714

(4) The school does not discriminate on the basis of race,	54715
religion, or ethnic background;	54716

(5) The school enrolls a minimum of ten students per class or	54717
a sum of at least twenty-five students in all the classes offered;	54718

(6) The school does not advocate or foster unlawful behavior	54719
or teach hatred of any person or group on the basis of race,	54720
ethnicity, national origin, or religion;	54721

(7) The school does not provide false or misleading	54722
information about the school to parents, students, or the general	54723
public;	54724

(8) For students in grades kindergarten through eight with	54725
family incomes at or below two hundred per cent of the federal	54726
poverty guidelines, as defined in section 5104.46 of the Revised	54727
Code, the school agrees not to charge any tuition in excess of the	54728
scholarship amount established pursuant to division (C)(1) of	54729
section 3313.978 of the Revised Code, excluding any increase	54730
described in division (C)(2) of that section.	54731

(9) For students in grades kindergarten through eight with	54732
family incomes above two hundred per cent of the federal poverty	54733
guidelines, whose scholarship amounts are less than the actual	54734
tuition charge of the school, the school agrees not to charge any	54735
tuition in excess of the difference between the actual tuition	54736
charge of the school and the scholarship amount established	54737
pursuant to division (C)(1) of section 3313.978 of the Revised	54738
Code, excluding any increase described in division (C)(2) of that	54739
section. The school shall permit such tuition, at the discretion	54740
of the parent, to be satisfied by the family's provision of	54741
in-kind contributions or services.	54742

(10) The school agrees not to charge any tuition to families	54743
of students in grades nine through twelve receiving a scholarship	54744
in excess of the actual tuition charge of the school less the	54745
scholarship amount established pursuant to division (C)(1) of	54746
section 3313.978 of the Revised Code, excluding any increase	54747
described in division (C)(2) of that section.	54748

(11) ~~Notwithstanding~~If the school is not subject to division	54749
(K)(1)(a) of section 3301.0711 of the Revised Code, ~~the school~~it	54750
annually administers the assessments prescribed by section	54751
3301.0710 of the Revised Code to each scholarship student enrolled	54752
in the school in accordance with section 3301.0711 of the Revised	54753
Code and reports to the department of education the results of	54754
each such assessment administered to each scholarship student.	54755

(B) The state superintendent shall revoke the registration of	54756
any school if, after a hearing, the superintendent determines that	54757
the school is in violation of any of the provisions of division	54758
(A) of this section.	54759

(C) Any public school located in a school district adjacent	54760
to the pilot project district may receive scholarship payments on	54761
behalf of parents pursuant to section 3313.979 of the Revised Code	54762
if the superintendent of the district in which such public school	54763
is located notifies the state superintendent prior to the first	54764
day of March that the district intends to admit students from the	54765
pilot project district for the ensuing school year pursuant to	54766
section 3327.06 of the Revised Code.	54767

(D) Any parent wishing to purchase tutorial assistance from	54768
any person or governmental entity pursuant to the pilot project	54769
program under sections 3313.974 to 3313.979 of the Revised Code	54770
shall apply to the state superintendent. The state superintendent	54771
shall approve providers who appear to possess the capability of	54772
furnishing the instructional services they are offering to	54773
provide.	54774

Sec. 3313.978. (A) Annually by the first day of November,	54775
the superintendent of public instruction shall notify the pilot	54776
project school district of the number of initial scholarships that	54777
the state superintendent will be awarding in each of grades	54778
kindergarten through twelve.	54779

The state superintendent shall provide information about the	54780
scholarship program to all students residing in the district,	54781
shall accept applications from any such students until such date	54782
as shall be established by the state superintendent as a deadline	54783
for applications, and shall establish criteria for the selection	54784
of students to receive scholarships from among all those applying	54785
prior to the deadline, which criteria shall give preference to	54786
students from low-income families. The state superintendent shall	54787
notify students of their selection prior to the fifteenth day of	54788
January.	54789

(1) A student receiving a pilot project scholarship may	54790
utilize it at an alternative public school by notifying the	54791
district superintendent, at any time before the beginning of the	54792
school year, of the name of the public school in an adjacent	54793
school district to which the student has been accepted pursuant to	54794
section 3327.06 of the Revised Code.	54795

(2) A student may decide to utilize a pilot project	54796
scholarship at a registered private school in the district if all	54797
of the following conditions are met:	54798

(a) By the fifteenth day of February of the preceding school	54799
year, or at any time prior to the start of the school year, the	54800
parent makes an application on behalf of the student to a	54801
registered private school.	54802

(b) The registered private school notifies the parent and the	54803
state superintendent as follows that the student has been	54804
admitted:	54805

(i) By the fifteenth day of March of the preceding school	54806
year if the student filed an application by the fifteenth day of	54807
February and was admitted by the school pursuant to division (A)	54808
of section 3313.977 of the Revised Code;	54809

(ii) Within one week of the decision to admit the student if	54810
the student is admitted pursuant to division (C) of section	54811
3313.977 of the Revised Code.	54812

(c) The student actually enrolls in the registered private	54813
school to which the student was first admitted or in another	54814
registered private school in the district or in a public school in	54815
an adjacent school district.	54816

(B) The state superintendent shall also award in any school	54817
year tutorial assistance grants to a number of students equal to	54818
the number of students who receive scholarships under division (A)	54819
of this section. Tutorial assistance grants shall be awarded	54820
solely to students who are enrolled in the public schools of the	54821
district in a grade level covered by the pilot project. Tutorial	54822
assistance grants may be used solely to obtain tutorial assistance	54823
from a provider approved pursuant to division (D) of section	54824
3313.976 of the Revised Code.	54825

All students wishing to obtain tutorial assistance grants	54826
shall make application to the state superintendent by the first	54827
day of the school year in which the assistance will be used. The	54828
state superintendent shall award assistance grants in accordance	54829
with criteria the superintendent shall establish.	54830

(C)(1) In the case of basic scholarships for students in	54831
grades kindergarten through eight, the scholarship amount shall	54832
not exceed the lesser of the net tuition charges of the	54833
alternative school the scholarship recipient attends or ~~three~~	54834
~~thousand dollars before fiscal year 2007, three thousand four~~	54835
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	54836
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	54837
2012 and thereafter.	54838

In the case of basic scholarships for students in grades nine	54839
through twelve, the scholarship amount shall not exceed the lesser	54840
of the net tuition charges of the alternative school the	54841
scholarship recipient attends or ~~two thousand seven hundred~~	54842
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	54843
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	54844
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	54845
2013, and five thousand seven hundred dollars in fiscal year 2014	54846
and thereafter.	54847

The net tuition and fees charged to a student shall be the	54848
tuition amount specified by the alternative school minus all other	54849
financial aid, discounts, and adjustments received for the	54850
student. In cases where discounts are offered for multiple	54851
students from the same family, and not all students in the same	54852
family are scholarship recipients, the net tuition amount	54853
attributable to the scholarship recipient shall be the lowest net	54854
tuition to which the family is entitled.	54855

(2) The state superintendent shall provide for an increase in	54856
the basic scholarship amount in the case of any student who is a	54857
mainstreamed student with a disability and shall further increase	54858
such amount in the case of any separately educated student with a	54859
disability. Such increases shall take into account the	54860
instruction, related services, and transportation costs of	54861
educating such students.	54862

(3) In the case of tutorial assistance grants, the grant	54863
amount shall not exceed the lesser of the provider's actual	54864
charges for such assistance or:	54865

(a) Before fiscal year 2007, a percentage established by the	54866
state superintendent, not to exceed twenty per cent, of the amount	54867
of the pilot project school district's average basic scholarship	54868
amount;	54869

(b) In fiscal year 2007 and thereafter, four hundred dollars.

54870

(D)(1) Annually by the first day of November, the state	54871
superintendent shall estimate the maximum per-pupil scholarship	54872
amounts for the ensuing school year. The state superintendent	54873
shall make this estimate available to the general public at the	54874
offices of the district board of education together with the forms	54875
required by division (D)(2) of this section.	54876

(2) Annually by the fifteenth day of January, the chief	54877
administrator of each registered private school located in the	54878
pilot project district and the principal of each public school in	54879
such district shall complete a parental information form and	54880
forward it to the president of the board of education. The	54881
parental information form shall be prescribed by the department of	54882
education and shall provide information about the grade levels	54883
offered, the numbers of students, tuition amounts, achievement	54884
test results, and any sectarian or other organizational	54885
affiliations.	54886

(E)(1) Only for the purpose of administering the pilot	54887
project scholarship program, the department may request from any	54888
of the following entities the data verification code assigned	54889
under division (D)(2) of section 3301.0714 of the Revised Code to	54890
any student who is seeking a scholarship under the program:	54891

(a) The school district in which the student is entitled to	54892
attend school under section 3313.64 or 3313.65 of the Revised	54893
Code;	54894

(b) If applicable, the community school in which the student	54895
is enrolled;	54896

(c) The independent contractor engaged to create and maintain	54897
data verification codes.	54898

(2) Upon a request by the department under division (E)(1) of	54899
this section for the data verification code of a student seeking a	54900
scholarship or a request by the student's parent for that code,	54901
the school district or community school shall submit that code to	54902
the department or parent in the manner specified by the	54903
department. If the student has not been assigned a code, because	54904
the student will be entering kindergarten during the school year	54905
for which the scholarship is sought, the district shall assign a	54906
code to that student and submit the code to the department or	54907
parent by a date specified by the department. If the district does	54908
not assign a code to the student by the specified date, the	54909
department shall assign a code to the student.	54910

The department annually shall submit to each school district	54911
the name and data verification code of each student residing in	54912
the district who is entering kindergarten, who has been awarded a	54913
scholarship under the program, and for whom the department has	54914
assigned a code under this division.	54915

(3) The department shall not release any data verification	54916
code that it receives under division (E) of this section to any	54917
person except as provided by law.	54918

(F) Any document relative to the pilot project scholarship	54919
program that the department holds in its files that contains both	54920
a student's name or other personally identifiable information and	54921
the student's data verification code shall not be a public record	54922
under section 149.43 of the Revised Code.	54923

(G)(1) The department annually shall compile the scores	54924
attained by scholarship students enrolled in registered private	54925
schools on the assessments administered to the students pursuant	54926
to division (A)(11) of section 3313.976 of the Revised Code. The	54927
scores shall be aggregated as follows:	54928

(a) By school district, which shall include all scholarship	54929
students residing in the pilot project school district who are	54930
enrolled in a registered private school and were required to take	54931
an assessment pursuant to division (A)(11) of section 3313.976 of	54932
the Revised Code;	54933

(b) By registered private school, which shall include all	54934
scholarship students enrolled in that school who were required to	54935
take an assessment pursuant to division (A)(11) of section	54936
3313.976 of the Revised Code.	54937

(2) The department shall disaggregate the student performance	54938
data described in division (G)(1) of this section according to the	54939
following categories:	54940

(a) Grade level;

54941

(b) Race and ethnicity;

54942

54943

(d) Students who have participated in the scholarship program	54944
for three or more years;	54945

(e) Students who have participated in the scholarship program	54946
for more than one year and less than three years;	54947

(f) Students who have participated in the scholarship program	54948
for one year or less;	54949

(g) Economically disadvantaged students.

54950

(3) The department shall post the student performance data	54951
required under divisions (G)(1) and (2) of this section on its web	54952
site and shall include that data in the information about the	54953
scholarship program provided to students under division (A) of	54954
this section. In reporting student performance data under this	54955
division, the department shall not include any data that is	54956
statistically unreliable or that could result in the	54957
identification of individual students. For this purpose, the	54958
department shall not report performance data for any group that	54959
contains less than ten students.	54960

(4) The department shall provide the parent of each	54961
scholarship student enrolled in a registered private school with	54962
information comparing the student's performance on the assessments	54963
administered pursuant to division (A)(11) of section 3313.976 of	54964
the Revised Code with the average performance of similar students	54965
enrolled in the building operated by the pilot project school	54966
district that the scholarship student would otherwise attend. In	54967
calculating the performance of similar students, the department	54968
shall consider age, grade, race and ethnicity, gender, and	54969
socioeconomic status.	54970

Sec. 3313.98. Notwithstanding division (D) of section	54971
3311.19 and division (D) of section 3311.52 of the Revised Code,	54972
the provisions of this section and sections 3313.981 to 3313.983	54973
of the Revised Code that apply to a city school district do not	54974
apply to a joint vocational or cooperative education school	54975
district unless expressly specified.	54976

(A) As used in this section and sections 3313.981 to 3313.983	54977
of the Revised Code:	54978

(1) "Parent" means either of the natural or adoptive parents	54979
of a student, except under the following conditions:	54980

(a) When the marriage of the natural or adoptive parents of	54981
the student has been terminated by a divorce, dissolution of	54982
marriage, or annulment or the natural or adoptive parents of the	54983
student are living separate and apart under a legal separation	54984
decree and the court has issued an order allocating the parental	54985
rights and responsibilities with respect to the student, "parent"	54986
means the residential parent as designated by the court except	54987
that "parent" means either parent when the court issues a shared	54988
parenting decree.	54989

(b) When a court has granted temporary or permanent custody	54990
of the student to an individual or agency other than either of the	54991
natural or adoptive parents of the student, "parent" means the	54992
legal custodian of the child.	54993

(c) When a court has appointed a guardian for the student,	54994
"parent" means the guardian of the student.	54995

(2) "Native student" means a student entitled under section	54996
3313.64 or 3313.65 of the Revised Code to attend school in a	54997
district adopting a resolution under this section.	54998

(3) "Adjacent district" means a city, exempted village, or	54999
local school district having territory that abuts the territory of	55000
a district adopting a resolution under this section.	55001

(4) "Adjacent district student" means a student entitled	55002
under section 3313.64 or 3313.65 of the Revised Code to attend	55003
school in an adjacent district.	55004

(5) "Adjacent district joint vocational student" means an	55005
adjacent district student who enrolls in a city, exempted village,	55006
or local school district pursuant to this section and who also	55007
enrolls in a joint vocational school district that does not	55008
contain the territory of the district for which that student is a	55009
native student and does contain the territory of the city,	55010
exempted village, or local district in which the student enrolls.	55011

(6) "Formula amount" has the same meaning as in section	55012
3317.02 of the Revised Code.	55013

(7) ~~"Adjusted formula amount" means the sum of the formula~~	55014
~~amount plus the per pupil amount of the base funding supplements~~	55015
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	55016
~~Revised Code for fiscal year 2009.~~	55017

~~(8)~~ "Poverty line" means the poverty line established by the	55018
director of the United States office of management and budget as	55019
revised by the ~~director~~secretary of ~~the office of community~~	55020
health and human services in accordance with section 673(2) of the	55021
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	55022
9902, as amended.	55023

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	55024
the Revised Code.	55025

~~(10)~~(9) "Other district" means a city, exempted village, or	55026
local school district having territory outside of the territory of	55027
a district adopting a resolution under this section.	55028

~~(11)~~(10) "Other district student" means a student entitled	55029
under section 3313.64 or 3313.65 of the Revised Code to attend	55030
school in an other district.	55031

~~(12)~~(11) "Other district joint vocational student" means a	55032
student who is enrolled in any city, exempted village, or local	55033
school district and who also enrolls in a joint vocational school	55034
district that does not contain the territory of the district for	55035
which that student is a native student in accordance with a policy	55036
adopted under section 3313.983 of the Revised Code.	55037

(B)(1) The board of education of each city, local, and	55038
exempted village school district shall adopt a resolution	55039
establishing for the school district one of the following	55040
policies:	55041

(a) A policy that entirely prohibits the enrollment of	55042
students from adjacent districts or other districts, other than	55043
students for whom tuition is paid in accordance with section	55044
3317.08 of the Revised Code;	55045

(b) A policy that permits enrollment of students from all	55046
adjacent districts in accordance with policy statements contained	55047
in the resolution;	55048

(c) A policy that permits enrollment of students from all	55049
other districts in accordance with policy statements contained in	55050
the resolution.	55051

(2) A policy permitting enrollment of students from adjacent	55052
or from other districts, as applicable, shall provide for all of	55053
the following:	55054

(a) Application procedures, including deadlines for	55055
application and for notification of students and the	55056
superintendent of the applicable district whenever an adjacent or	55057
other district student's application is approved.	55058

(b) Procedures for admitting adjacent or other district	55059
applicants free of any tuition obligation to the district's	55060
schools, including, but not limited to:	55061

(i) The establishment of district capacity limits by grade	55062
level, school building, and education program;	55063

(ii) A requirement that all native students wishing to be	55064
enrolled in the district will be enrolled and that any adjacent or	55065
other district students previously enrolled in the district shall	55066
receive preference over first-time applicants;	55067

(iii) Procedures to ensure that an appropriate racial balance	55068
is maintained in the district schools.	55069

(C) Except as provided in section 3313.982 of the Revised	55070
Code, the procedures for admitting adjacent or other district	55071
students, as applicable, shall not include:	55072

(1) Any requirement of academic ability, or any level of	55073
athletic, artistic, or other extracurricular skills;	55074

(2) Limitations on admitting applicants because of	55075
disability, except that a board may refuse to admit a student	55076
receiving services under Chapter 3323. of the Revised Code, if the	55077
services described in the student's IEP are not available in the	55078
district's schools;	55079

(3) A requirement that the student be proficient in the	55080
English language;	55081

(4) Rejection of any applicant because the student has been	55082
subject to disciplinary proceedings, except that if an applicant	55083
has been suspended or expelled by the student's district for ten	55084
consecutive days or more in the term for which admission is sought	55085
or in the term immediately preceding the term for which admission	55086
is sought, the procedures may include a provision denying	55087
admission of such applicant.	55088

(D)(1) Each school board permitting only enrollment of	55089
adjacent district students shall provide information about the	55090
policy adopted under this section, including the application	55091
procedures and deadlines, to the superintendent and the board of	55092
education of each adjacent district and, upon request, to the	55093
parent of any adjacent district student.	55094

(2) Each school board permitting enrollment of other district	55095
students shall provide information about the policy adopted under	55096
this section, including the application procedures and deadlines,	55097
upon request, to the board of education of any other school	55098
district or to the parent of any student anywhere in the state.	55099

(E) Any school board shall accept all credits toward	55100
graduation earned in adjacent or other district schools by an	55101
adjacent or other district student or a native student.	55102

(F)(1) No board of education may adopt a policy discouraging	55103
or prohibiting its native students from applying to enroll in the	55104
schools of an adjacent or any other district that has adopted a	55105
policy permitting such enrollment, except that:	55106

(a) A district may object to the enrollment of a native	55107
student in an adjacent or other district in order to maintain an	55108
appropriate racial balance.	55109

(b) The board of education of a district receiving funds	55110
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	55111
may adopt a resolution objecting to the enrollment of its native	55112
students in adjacent or other districts if at least ten per cent	55113
of its students are included in the determination of the United	55114
States secretary of education made under section 20 U.S.C.A.	55115
238(a).	55116

(2) If a board objects to enrollment of native students under	55117
this division, any adjacent or other district shall refuse to	55118
enroll such native students unless tuition is paid for the	55119
students in accordance with section 3317.08 of the Revised Code.	55120
An adjacent or other district enrolling such students may not	55121
receive funding for those students in accordance with section	55122
3313.981 of the Revised Code.	55123

(G) The state board of education shall monitor school	55124
districts to ensure compliance with this section and the	55125
districts' policies. The board may adopt rules requiring uniform	55126
application procedures, deadlines for application, notification	55127
procedures, and record-keeping requirements for all school boards	55128
that adopt policies permitting the enrollment of adjacent or other	55129
district students, as applicable. If the state board adopts such	55130
rules, no school board shall adopt a policy that conflicts with	55131
those rules.	55132

(H) A resolution adopted by a board of education under this	55133
section that entirely prohibits the enrollment of students from	55134
adjacent and from other school districts does not abrogate any	55135
agreement entered into under section 3313.841 or 3313.92 of the	55136
Revised Code or any contract entered into under section 3313.90 of	55137
the Revised Code between the board of education adopting the	55138
resolution and the board of education of any adjacent or other	55139
district or prohibit these boards of education from entering into	55140
any such agreement or contract.	55141

(I) Nothing in this section shall be construed to permit or	55142
require the board of education of a city, exempted village, or	55143
local school district to exclude any native student of the	55144
district from enrolling in the district.	55145

Sec. 3313.981. (A) The state board of education shall adopt	55146
rules requiring all of the following:	55147

(1) The board of education of each city, exempted village,	55148
and local school district to annually report to the department of	55149
education all of the following:	55150

(a) The number of adjacent district or other district	55151
students, as applicable, and adjacent district or other district	55152
joint vocational students, as applicable, enrolled in the district	55153
and the number of native students enrolled in adjacent or other	55154
districts, in accordance with a policy adopted under division (B)	55155
of section 3313.98 of the Revised Code;	55156

(b) Each adjacent district or other district student's or	55157
adjacent district or other district joint vocational student's	55158
date of enrollment in the district;	55159

(c) The full-time equivalent number of adjacent district or	55160
other district students enrolled in ~~vocational~~each of the	55161
categories of career-technical education programs or classes	55162
described in ~~division (A) of~~ section 3317.014 of the Revised Code	55163
~~and the full-time equivalent number of such students enrolled in~~	55164
~~vocational education programs or classes described in division (B)~~	55165
~~of that section~~;	55166

(d) Each native student's date of enrollment in an adjacent	55167
or other district.	55168

(2) The board of education of each joint vocational school	55169
district to annually report to the department all of the	55170
following:	55171

(a) The number of adjacent district or other district joint	55172
vocational students, as applicable, enrolled in the district;	55173

(b) The full-time equivalent number of adjacent district or	55174
other district joint vocational students enrolled in ~~vocational~~	55175
each category of career-technical education programs or classes	55176
described in ~~division (A) of~~ section 3317.014 of the Revised Code	55177
~~and the full-time equivalent number of such students enrolled in~~	55178
~~vocational education programs or classes described in division (B)~~	55179
~~of that section~~;	55180

(c) For each adjacent district or other district joint	55181
vocational student, the city, exempted village, or local school	55182
district in which the student is also enrolled.	55183

(3) Prior to the first full school week in October each year,	55184
the superintendent of each city, local, or exempted village school	55185
district that admits adjacent district or other district students	55186
or adjacent district or other district joint vocational students	55187
in accordance with a policy adopted under division (B) of section	55188
3313.98 of the Revised Code to notify each adjacent or other	55189
district where those students are entitled to attend school under	55190
section 3313.64 or 3313.65 of the Revised Code of the number of	55191
the adjacent or other district's native students who are enrolled	55192
in the superintendent's district under the policy.	55193

The rules shall provide for the method of counting students	55194
who are enrolled for part of a school year in an adjacent or other	55195
district or as an adjacent district or other district joint	55196
vocational student.	55197

(B) From the payments made to a city, exempted village, or	55198
local school district under Chapter 3317. of the Revised Code and,	55199
if necessary, from the payments made to the district under	55200
sections 321.24 and 323.156 of the Revised Code, the department of	55201
education shall annually subtract both of the following:	55202

(1) An amount equal to the number of the district's native	55203
students reported under division (A)(1) of this section who are	55204
enrolled in adjacent or other school districts pursuant to	55205
policies adopted by such districts under division (B) of section	55206
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	55207
amount;	55208

(2) The excess costs computed in accordance with division (E)	55209
of this section for any such native students receiving special	55210
education and related services in adjacent or other school	55211
districts or as an adjacent district or other district joint	55212
vocational student;	55213

(3) For the ~~full-time equivalent number~~each of the	55214
district's native students reported under division (A)(1)(c) or	55215
(2)(b) of this section as enrolled in ~~vocational~~career-technical	55216
education programs or classes described in section 3317.014 of the	55217
Revised Code, anthe per pupil amount ~~equal to $5,732 times the~~	55218
~~applicable multiple~~ prescribed by that section for the student's	55219
respective career-technical category, on a full-time equivalency	55220
basis.	55221

(C) To the payments made to a city, exempted village, or	55222
local school district under Chapter 3317. of the Revised Code, the	55223
department of education shall annually add all of the following:	55224

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	55225
by the remainder obtained by subtracting the number of adjacent	55226
district or other district joint vocational students from the	55227
number of adjacent district or other district students enrolled in	55228
the district, as reported under division (A)(1) of this section;	55229

(2) The excess costs computed in accordance with division (E)	55230
of this section for any adjacent district or other district	55231
students, except for any adjacent or other district joint	55232
vocational students, receiving special education and related	55233
services in the district;	55234

(3) For the ~~full-time equivalent number~~each of the adjacent	55235
or other district students who are not adjacent district or other	55236
district joint vocational students and are reported under division	55237
(A)(1)(c) of this section as enrolled in ~~vocational~~	55238
career-technical education programs or classes described in	55239
section 3317.014 of the Revised Code, anthe per pupil amount	55240
~~equal to $5,732 times the applicable multiple~~ prescribed by that	55241
section for the student's respective career-technical category, on	55242
a full-time equivalency basis;	55243

(4) An amount equal to the number of adjacent district or	55244
other district joint vocational students reported under division	55245
(A)(1) of this section multiplied by an amount equal to twenty per	55246
cent of the ~~adjusted~~ formula amount.	55247

(D) To the payments made to a joint vocational school	55248
district under Chapter 3317. of the Revised Code, the department	55249
of education shall add, for each adjacent district or other	55250
district joint vocational student reported under division (A)(2)	55251
of this section, both of the following:	55252

(1) The ~~adjusted~~ formula amount;

55253

(2) AnThe per pupil amount ~~equal to the full-time equivalent~~	55254
~~number~~for each of the students reported pursuant to division	55255
(A)(2)(b) of this section ~~times $5,732 times the applicable~~	55256
~~multiple~~ prescribed by section 3317.014 of the Revised Code for	55257
the student's respective career-technical category, on a full-time	55258
equivalency basis.	55259

(E)(1) A city, exempted village, or local school board	55260
providing special education and related services to an adjacent or	55261
other district student in accordance with an IEP shall, pursuant	55262
to rules of the state board, compute the excess costs to educate	55263
such student as follows:	55264

(a) Subtract the ~~adjusted~~ formula amount from the actual	55265
costs to educate the student;	55266

(b) From the amount computed under division (E)(1)(a) of this	55267
section subtract the amount of any funds received by the district	55268
under Chapter 3317. of the Revised Code to provide special	55269
education and related services to the student.	55270

(2) The board shall report the excess costs computed under	55271
this division to the department of education.	55272

(3) If any student for whom excess costs are computed under	55273
division (E)(1) of this section is an adjacent or other district	55274
joint vocational student, the department of education shall add	55275
the amount of such excess costs to the payments made under Chapter	55276
3317. of the Revised Code to the joint vocational school district	55277
enrolling the student.	55278

(F) As provided in division (D)(1)(b) of section 3317.03 of	55279
the Revised Code, no joint vocational school district shall count	55280
any adjacent or other district joint vocational student enrolled	55281
in the district in its formula ADM certified under section 3317.03	55282
of the Revised Code.	55283

(G) No city, exempted village, or local school district shall	55284
receive a payment under division (C) of this section for a	55285
student, and no joint vocational school district shall receive a	55286
payment under division (D) of this section for a student, if for	55287
the same school year that student is counted in the district's	55288
formula ADM certified under section 3317.03 of the Revised Code.	55289

(H) Upon request of a parent, and provided the board offers	55290
transportation to native students of the same grade level and	55291
distance from school under section 3327.01 of the Revised Code, a	55292
city, exempted village, or local school board enrolling an	55293
adjacent or other district student shall provide transportation	55294
for the student within the boundaries of the board's district,	55295
except that the board shall be required to pick up and drop off a	55296
nonhandicapped student only at a regular school bus stop	55297
designated in accordance with the board's transportation policy.	55298
Pursuant to rules of the state board of education, such board may	55299
reimburse the parent from funds received for pupil transportation	55300
under section 3317.0212 of the Revised Code, or other provisions	55301
of law, for the reasonable cost of transportation from the	55302
student's home to the designated school bus stop if the student's	55303
family has an income below the federal poverty line.	55304

Sec. 3314.015. (A) The department of education shall be	55305
responsible for the oversight of any and all sponsors of the	55306
community schools established under this chapter and shall provide	55307
technical assistance to schools and sponsors in their compliance	55308
with applicable laws and the terms of the contracts entered into	55309
under section 3314.03 of the Revised Code and in the development	55310
and start-up activities of those schools. In carrying out its	55311
duties under this section, the department shall do all of the	55312
following:	55313

(1) In providing technical assistance to proposing parties,	55314
governing authorities, and sponsors, conduct training sessions and	55315
distribute informational materials;	55316

(2) Approve entities to be sponsors of community schools;

55317

(3) Monitor and evaluate, as required under section 3314.016	55318
of the Revised Code, the effectiveness of any and all sponsors in	55319
their oversight of the schools with which they have contracted;	55320

(4) By December thirty-first of each year, issue a report to	55321
the governor, the speaker of the house of representatives, the	55322
president of the senate, and the chairpersons of the house and	55323
senate committees principally responsible for education matters	55324
regarding the effectiveness of academic programs, operations, and	55325
legal compliance and of the financial condition of all community	55326
schools established under this chapter and on the performance of	55327
community school sponsors;	55328

(5) From time to time, make legislative recommendations to	55329
the general assembly designed to enhance the operation and	55330
performance of community schools.	55331

(B)(1) Except as provided in sections 3314.021 and 3314.027	55332
of the Revised Code, no entity listed in division (C)(1) of	55333
section 3314.02 of the Revised Code shall enter into a preliminary	55334
agreement under division (C)(2) of section 3314.02 of the Revised	55335
Code until it has received approval from the department of	55336
education to sponsor community schools under this chapter and has	55337
entered into a written agreement with the department regarding the	55338
manner in which the entity will conduct such sponsorship. ~~The~~	55339

The initial term of a sponsor's agreement with the department	55340
shall be for up to seven years. For every year that the sponsor	55341
satisfies the conditions of division (B)(1)(a) or (b) of this	55342
section, as applicable, the department shall add one year to the	55343
agreement term, subject to divisions (C) and (F) of this section,	55344
unless the sponsor notifies the department that it does not wish	55345
to have the term of the agreement so extended.	55346

To qualify for the extension of the term of the sponsor's	55347
agreement, the sponsor shall satisfy one of the following, as	55348
applicable:	55349

(a) Prior to January 1, 2015, the sponsor is not in the	55350
lowest twenty per cent of sponsors statewide according to the	55351
composite performance index score as ranked under section 3314.016	55352
of the Revised Code, as that section exists prior to that date,	55353
and the sponsor continues to meet all the requirements of this	55354
chapter pertaining to community school sponsors.	55355

(b) On or after January 1, 2015, the sponsor is rated as	55356
"exemplary" or "effective" under section 3314.016 of the Revised	55357
Code, as that section exists on and after that date, and the	55358
sponsor continues to meet all the requirements of this chapter	55359
pertaining to community school sponsors.	55360

The department shall adopt in accordance with Chapter 119. of	55361
the Revised Code rules containing criteria, procedures, and	55362
deadlines for processing applications for ~~such~~ approval of	55363
sponsors, for oversight of sponsors, for notifying a sponsor of	55364
noncompliance with applicable laws and administrative rules under	55365
division (F) of this section, for revocation of the approval of	55366
sponsors under division (C) of this section, and for entering	55367
into written agreements with sponsors. The rules shall require an	55368
entity to submit evidence of the entity's ability and willingness	55369
to comply with the provisions of division (D) of section 3314.03	55370
of the Revised Code. The rules also shall require entities	55371
approved as sponsors on and after June 30, 2005, to demonstrate a	55372
record of financial responsibility and successful implementation	55373
of educational programs. If an entity seeking approval on or after	55374
June 30, 2005, to sponsor community schools in this state sponsors	55375
or operates schools in another state, at least one of the schools	55376
sponsored or operated by the entity must be comparable to or	55377
better than the performance of Ohio schools in need of continuous	55378
improvement under section 3302.03 of the Revised Code, as	55379
determined by the department.	55380

Subject to section 3314.016 of the Revised Code, an entity	55381
that sponsors community schools may enter into preliminary	55382
agreements and sponsor up to one hundred schools, provided each	55383
school and the contract for sponsorship meets the requirements of	55384
this chapter.	55385

(2) The state board of education shall determine, pursuant to	55386
criteria specified in rules adopted in accordance with Chapter	55387
119. of the Revised Code, whether the mission proposed to be	55388
specified in the contract of a community school to be sponsored by	55389
a state university board of trustees or the board's designee under	55390
division (C)(1)(e) of section 3314.02 of the Revised Code complies	55391
with the requirements of that division. Such determination of the	55392
state board is final.	55393

(3) The state board of education shall determine, pursuant to	55394
criteria specified in rules adopted in accordance with Chapter	55395
119. of the Revised Code, if any tax-exempt entity under section	55396
501(c)(3) of the Internal Revenue Code that is proposed to be a	55397
sponsor of a community school is an education-oriented entity for	55398
purpose of satisfying the condition prescribed in division	55399
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	55400
determination of the state board is final.	55401

(C) If at any time the state board of education finds that a	55402
sponsor is not in compliance or is no longer willing to comply	55403
with its contract with any community school or with the	55404
department's rules for sponsorship, the state board or designee	55405
shall conduct a hearing in accordance with Chapter 119. of the	55406
Revised Code on that matter. If after the hearing, the state board	55407
or designee has confirmed the original finding, the department of	55408
education may revoke the sponsor's approval to sponsor community	55409
schools. In that case, the department's office of Ohio school	55410
sponsorship, established under section 3314.029 of the Revised	55411
Code, may assume the sponsorship of any schools with which the	55412
sponsor has contracted until the earlier of the expiration of two	55413
school years or until a new sponsor as described in division	55414
(C)(1) of section 3314.02 of the Revised Code is secured by the	55415
school's governing authority. The office of Ohio school	55416
sponsorship may extend the term of the contract in the case of a	55417
school for which it has assumed sponsorship under this division as	55418
necessary to accommodate the term of the department's	55419
authorization to sponsor the school specified in this division.	55420
Community schools sponsored under this division shall not apply to	55421
the limit on directly authorized community schools under division	55422
(A)(3) of section 3314.029 of the Revised Code. However, nothing	55423
in this division shall preclude a community school affected by	55424
this division from applying for sponsorship under that section.	55425

(D) The decision of the department to disapprove an entity	55426
for sponsorship of a community school or to revoke approval for	55427
such sponsorship under division (C) of this section, may be	55428
appealed by the entity in accordance with section 119.12 of the	55429
Revised Code.	55430

(E) The department shall adopt procedures for use by a	55431
community school governing authority and sponsor when the school	55432
permanently closes and ceases operation, which shall include at	55433
least procedures for data reporting to the department, handling of	55434
student records, distribution of assets in accordance with section	55435
3314.074 of the Revised Code, and other matters related to ceasing	55436
operation of the school.	55437

(F)(1) In lieu of revoking a sponsor's authority to sponsor	55438
community schools under division (C) of this section, if the	55439
department finds that a sponsor is not in compliance with	55440
applicable laws and administrative rules, the department shall	55441
declare in a written notice to the sponsor the specific laws or	55442
rules, or both, for which the sponsor is noncompliant. A sponsor	55443
notified under division (F)(1) of this section shall respond to	55444
the department not later than fourteen days after the notification	55445
with a proposed plan to remedy the conditions for which the	55446
sponsor was found to be noncompliant. The department shall approve	55447
or disapprove the plan not later than fourteen days after	55448
receiving it. If the plan is disapproved, the sponsor may submit a	55449
revised plan to the department not later than fourteen days after	55450
receiving notification of disapproval from the department or not	55451
later than sixty days after the date the sponsor received	55452
notification of noncompliance from the department, whichever is	55453
earlier. The department shall approve or disapprove the revised	55454
plan not later than fourteen days after receiving it or not later	55455
than sixty days after the date the sponsor received notification	55456
of noncompliance from the department, whichever is earlier. A	55457
sponsor may continue to make revisions by the deadlines prescribed	55458
in division (F)(1) of this section to any revised plan that is	55459
disapproved by the department until the sixtieth day after the	55460
date the sponsor received notification of noncompliance from the	55461
department.	55462

If a plan or a revised plan is approved, the sponsor shall	55463
implement it not later than sixty days after the date the sponsor	55464
received notification of noncompliance from the department or not	55465
later than thirty days after the plan is approved, whichever is	55466
later. If a sponsor does not respond to the department or	55467
implement an approved compliance plan by the deadlines prescribed	55468
by division (F)(1) of this section, or if a sponsor does not	55469
receive approval of a compliance plan on or before the sixtieth	55470
day after the date the sponsor received notification of	55471
noncompliance from the department, the department shall declare in	55472
written notice to the sponsor that the sponsor is in probationary	55473
status, and may limit the sponsor's ability to sponsor additional	55474
schools.	55475

(2) A sponsor that has been placed on probationary status	55476
under division (F)(1) of this section may apply to the department	55477
for its probationary status to be lifted. The application for a	55478
sponsor's probationary status to be lifted shall include evidence,	55479
occurring after the initial notification of noncompliance, of the	55480
sponsor's compliance with applicable laws and administrative	55481
rules. Not later than fourteen days after receiving an application	55482
from the sponsor, the department shall decide whether or not to	55483
remove the sponsor's probationary status.	55484

(G) In carrying out its duties under this chapter, the	55485
department shall not impose requirements on community schools or	55486
their sponsors that are not permitted by law or duly adopted	55487
rules.	55488

(H) This section applies to entities that sponsor conversion	55489
community schools and new start-up schools.	55490

Sec. 3314.017. (A) The state board of education shall	55491
prescribe by rules, adopted in accordance with Chapter 119. of the	55492
Revised Code, an academic performance rating and report card	55493
system that satisfies the requirements of this section for	55494
community schools that primarily serve students enrolled in	55495
dropout prevention and recovery programs as described in division	55496
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	55497
lieu of the system prescribed under sections 3302.03 and 3314.012	55498
of the Revised Code beginning with the 2012-2013 school year. Each	55499
such school shall comply with the testing and reporting	55500
requirements of the system as prescribed by the state board.	55501

(B) Nothing in this section shall at any time relieve a	55502
school from its obligations under the "No Child Left Behind Act of	55503
2001" to make "adequate yearly progress," as both that act and	55504
that term are defined in section 3302.01 of the Revised Code, or a	55505
school's amenability to the provisions of section 3302.04 or	55506
3302.041 of the Revised Code. The department shall continue to	55507
report each school's performance as required by the act and to	55508
enforce applicable sanctions under section 3302.04 or 3302.041 of	55509
the Revised Code.	55510

(C) The rules adopted by the state board shall prescribe the	55511
following performance indicators for the rating and report card	55512
system required by this section:	55513

(1) Graduation rate for each of the following student	55514
cohorts:	55515

(a) The number of students who graduate in four years or less	55516
with a regular high school diploma divided by the number of	55517
students who form the adjusted cohort for the graduating class;	55518

(b) The number of students who graduate in five years with a	55519
regular high school diploma divided by the number of students who	55520
form the adjusted cohort for the four-year graduation rate;	55521

(c) The number of students who graduate in six years with a	55522
regular high school diploma divided by the number of students who	55523
form the adjusted cohort for the four-year graduation rate;	55524

(d) The number of students who graduate in seven years with a	55525
regular high school diploma divided by the number of students who	55526
form the adjusted cohort for the four-year graduation rate;	55527

(e) The number of students who graduate in eight years with a	55528
regular high school diploma divided by the number of students who	55529
form the adjusted cohort for the four-year graduation rate.	55530

(2) The percentage of twelfth-grade students currently	55531
enrolled in the school who have attained the designated passing	55532
score on all of the applicable state high school achievement	55533
assessments required under division (B)(1) or (2) of section	55534
3301.0710 of the Revised Code and other students enrolled in the	55535
school, regardless of grade level, who are within three months of	55536
their twenty-second birthday and have attained the designated	55537
passing score on all of the applicable state high school	55538
achievement assessments by their twenty-second birthday;	55539

(3) Annual measurable objectives as defined in section	55540
3302.01 of the Revised Code;	55541

(4) Growth in student achievement in reading, or mathematics,	55542
or both as measured by separate nationally norm-referenced	55543
assessments that have developed appropriate standards for students	55544
enrolled in dropout prevention and recovery programs, adopted or	55545
approved by the state board.	55546

(D)(1) The state board's rules shall prescribe the expected	55547
performance levels and benchmarks for each of the indicators	55548
prescribed by division (C) of this section based on the data	55549
gathered by the department under division (F) of this section.	55550
Based on a school's level of attainment or nonattainment of the	55551
expected performance levels and benchmarks for each of the	55552
indicators, the department shall rate each school in one of the	55553
following categories:	55554

(a) Exceeds standards;

55555

(b) Meets standards;

55556

55557

(2) The state board's rules shall establish all of the	55558
following:	55559

(a) Not later than June 30, 2013, performance levels and	55560
benchmarks for the indicators described in divisions (C)(1) to (3)	55561
of this section;	55562

(b) Not later than December 31, 2014, both of the following:

55563

(i) Performance levels and benchmarks for the indicator	55564
described in division (C)(4) of this section;	55565

(ii) Standards for awarding a community school described in	55566
division (A)(4)(a) of section 3314.35 of the Revised Code an	55567
overall designation, which shall be calculated as follows:	55568

(I) Thirty per cent of the score shall be based on the	55569
indicators described in division (C)(1) of this section that are	55570
applicable to the school year for which the overall designation is	55571
granted.	55572

(II) Thirty per cent of the score shall be based on the	55573
indicators described in division (C)(4) of this section.	55574

(III) Twenty per cent of the score shall be based on the	55575
indicators described in division (C)(2) of this section.	55576

(IV) Twenty per cent of the score shall be based on the	55577
indicators described in division (C)(3) of this section.	55578

(3) If both of the indicators described in divisions (C)(1)	55579
and (2) of this section improve by ten per cent for two	55580
consecutive years, a school shall be rated asnot less than "meets	55581
standards."	55582

The rating and the relevant performance data for each school	55583
shall be posted on the department's web site, and a copy of the	55584
rating and data shall be provided to the governing authority of	55585
the community school.	55586

(E)(1) For the 2012-2013 school year, the department shall	55587
issue a report card including the following performance measures,	55588
but without a performance rating as described in divisions	55589
(D)(1)(a) to (c) of this section, for each community school	55590
described in division (A)(4)(a) of section 3314.35 of the Revised	55591
Code:	55592

(a) The graduation rates as described in divisions (C)(1)(a)	55593
to (c) of this section;	55594

(b) The percentage of twelfth-grade students and other	55595
students who have attained a designated passing score on high	55596
school achievement assessments as described in division (C)(2) of	55597
this section;	55598

(c) The statewide average for the graduation rates and	55599
assessment passage rates described in divisions (C)(1)(a) to (c)	55600
and (C)(2) of this section;	55601

(d) Annual measurable objectives described in division (C)(3)	55602
of this section.	55603

(2) For the 2013-2014 school year, the department shall issue	55604
a report card including the following performance measures for	55605
each community school described in division (A)(4) of section	55606
3314.35 of the Revised Code:	55607

(a) The graduation rates described in divisions (C)(1)(a) to	55608
(d) of this section, including a performance rating as described	55609
in divisions (D)(1)(a) to (c) of this section;	55610

(b) The percentage of twelfth-grade students and other	55611
students who have attained a designated passing score on high	55612
school achievement assessments as described in division (C)(2) of	55613
this section, including a performance rating as described in	55614
divisions (D)(1)(a) to (c) of this section;	55615

(c) Annual measurable objectives described in division (C)(3)	55616
of this section, including a performance rating as described in	55617
divisions (D)(1)(a) to (c) of this section;	55618

(d) Both of the following without an assigned rating:

55619

(i) Growth in annual student achievement in reading and	55620
mathematics described in division (C)(4) of this section, if	55621
available;	55622

(ii) Student outcome data, including postsecondary credit	55623
earned, nationally recognized career or technical certification,	55624
military enlistment, job placement, and attendance rate.	55625

(3) Beginning with the 2014-2015 school year, and annually	55626
thereafter, the department shall issue a report card for each	55627
community school described in division (A)(4)(a) of section	55628
3314.35 of the Revised Code that includes all of the following	55629
performance measures, including a performance rating for each	55630
measure as described in divisions (D)(1)(a) to (c) of this	55631
section:	55632

(a) The graduation rates as described in division (C)(1) of	55633
this section;	55634

(b) The percentage of twelfth-grade students and other	55635
students who have attained a designated passing score on high	55636
school achievement assessments as described in division (C)(2) of	55637
this section;	55638

(c) Annual measurable objectives described in division (C)(3)	55639
of this section, including a performance rating as described in	55640
divisions (D)(1)(a) to (c) of this section;	55641

(d) Growth in annual student achievement in reading and	55642
mathematics as described in division (C)(4) of this section;	55643

(e) An overall performance designation for the school	55644
calculated under rules adopted under division (D)(2) of this	55645
section.	55646

The department shall also include student outcome data,	55647
including postsecondary credit earned, nationally recognized	55648
career or technical certification, military enlistment, job	55649
placement, attendance rate, and progress on closing achievement	55650
gaps for each school. This information shall not be included in	55651
the calculation of a school's performance rating.	55652

(F) In developing the rating and report card system required	55653
by this section, during the 2012-2013 and 2013-2014 school years,	55654
the department shall gather and analyze data as determined	55655
necessary from each community school described in division	55656
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	55657
shall cooperate with the department by supplying requested data	55658
and administering required assessments, including sample	55659
assessments for purposes of measuring student achievement growth	55660
as described in division (C)(4) of this section. The department	55661
shall consult with stakeholder groups in performing its duties	55662
under this division.	55663

The department shall also identify one or more states that	55664
have established or are in the process of establishing similar	55665
academic performance rating systems for dropout prevention and	55666
recovery programs and consult with the departments of education of	55667
those states in developing the system required by this section.	55668

(G) Not later than December 31, 2014, the state board shall	55669
review the performance levels and benchmarks for performance	55670
indicators in the report card issued under this section and may	55671
revise them based on the data collected under division (F) of this	55672
section.	55673

Sec. 3314.027. Notwithstanding the requirement for initial	55674
approval of sponsorship by the department of education prescribed	55675
in divisions (A)(2) and (B)(1) of section 3314.015 of the Revised	55676
Code and any geographical restriction or mission requirement	55677
prescribed in division (C)(1) of section 3314.02 of the Revised	55678
Code, an entity that has entered into a contract to sponsor a	55679
community school on April 8, 2003, may continue to sponsor the	55680
school in conformance with the terms of that contract ~~as long as~~	55681
~~the entity complies with all other sponsorship provisions of this~~	55682
~~chapter. Such an entity~~and also may enter into new contracts to	55683
sponsor community schools after April 8, 2003, ~~and need not be~~	55684
~~approved by the department for such sponsorship, as otherwise~~	55685
~~required under divisions (A)(2) and (B)(1) of section 3314.015 of~~	55686
~~the Revised Code,~~ as long as the contracts conform to and the	55687
entity complies with all other provisions of this chapter.	55688

Regardless of the entity's authority to sponsor community	55689
schools without the initial approval of the department, each	55690
entity described in this section is under the continuing oversight	55691
of the department in accordance with rules adopted under section	55692
3314.015 of the Revised Code.	55693

Sec. 3314.029. This section establishes the Ohio school	55694
sponsorship program. The department of education shall establish	55695
an office of Ohio school sponsorship to perform the department's	55696
duties prescribed by this section.	55697

(A)(1) Notwithstanding anything to the contrary in this	55698
chapter, but subject to section 3314.20 of the Revised Code, any	55699
person, group of individuals, or entity may apply to the	55700
department for direct authorization to establish a community	55701
school and, upon approval of the application, may establish the	55702
school. Notwithstanding anything to the contrary in this chapter,	55703
the governing authority of an existing community school, upon the	55704
expiration or termination of its contract with the school's	55705
sponsor entered into under section 3314.03 of the Revised Code,	55706
may apply to the department for direct authorization to continue	55707
operating the school and, upon approval of the application, may	55708
continue to operate the school.	55709

Each application submitted to the department shall include	55710
the following:	55711

(a) Evidence that the applicant will be able to comply with	55712
division (C) of this section;	55713

(b) A statement indicating that the applicant agrees to	55714
comply with all applicable provisions of this chapter, including	55715
the requirement to be established as a nonprofit corporation or	55716
public benefit corporation in accordance with division (A)(1) of	55717
section 3314.03 of the Revised Code;	55718

(c) A statement attesting that no unresolved finding of	55719
recovery has been issued by the auditor of state against any	55720
person, group of individuals, or entity that is a party to the	55721
application and that no person who is party to the application has	55722
been a member of the governing authority of any community school	55723
that has permanently closed and against which an unresolved	55724
finding of recovery has been issued by the auditor of state. In	55725
the case of an application submitted by the governing authority of	55726
an existing community school, a person who is party to the	55727
application shall include each individual member of that governing	55728
authority.	55729

(d) A statement that the school will be nonsectarian in its	55730
programs, admission policies, employment practices, and all other	55731
operations, and will not be operated by a sectarian school or	55732
religious institution;	55733

(e) A statement of whether the school is to be created by	55734
converting all or part of an existing public school or educational	55735
service center building or is to be a new start-up school. If it	55736
is a converted public school or service center building, the	55737
statement shall include a specification of any duties or	55738
responsibilities of an employer that the board of education or	55739
service center governing board that operated the school or	55740
building before conversion is delegating to the governing	55741
authority of the community school with respect to all or any	55742
specified group of employees, provided the delegation is not	55743
prohibited by a collective bargaining agreement applicable to such	55744
employees.	55745

(f) A statement that the school's teachers will be licensed	55746
in the manner prescribed by division (A)(10) of section 3314.03 of	55747
the Revised Code;	55748

(g) A statement that the school will comply with all of the	55749
provisions of law enumerated in divisions (A)(11)(d) and (e) of	55750
section 3314.03 of the Revised Code and of division (A)(11)(h) of	55751
that section, if applicable;	55752

(h) A statement that the school's graduation and curriculum	55753
requirements will comply with division (A)(11)(f) of section	55754
3314.03 of the Revised Code;	55755

(i) A description of each of the following:

55756

(i) The school's mission and educational program, the	55757
characteristics of the students the school is expected to attract,	55758
the ages and grade levels of students, and the focus of the	55759
curriculum;	55760

(ii) The school's governing authority, which shall be in	55761
compliance with division (E) of section 3314.02 of the Revised	55762
Code;	55763

(iii) The school's admission and dismissal policies, which	55764
shall be in compliance with divisions (A)(5) and (6) of section	55765
3314.03 of the Revised Code;	55766

(iv) The school's business plan, including a five-year	55767
financial forecast;	55768

(v) In the case of an application to establish a community	55769
school, the applicant's resources and capacity to establish and	55770
operate the school;	55771

(vi) The school's academic goals to be achieved and the	55772
method of measurement that will be used to determine progress	55773
toward those goals, which shall include the statewide achievement	55774
assessments;	55775

(vii) The facilities to be used by the school and their	55776
locations;	55777

(viii) A description of the learning opportunities that will	55778
be offered to students including both classroom-based and	55779
nonclassroom-based learning opportunities that are in compliance	55780
with criteria for student participation established by the	55781
department under division ~~(L)~~(H)(2) of section 3314.08 of the	55782
Revised Code.	55783

(2) Subject to division (A)(3) of this section, the	55784
department shall approve each application, unless, within thirty	55785
days after receipt of the application, the department determines	55786
that the application does not satisfy the requirements of division	55787
(A)(1) of this section and provides the applicant a written	55788
explanation of the reasons for the determination. In that case,	55789
the department shall grant the applicant thirty days to correct	55790
the insufficiencies in the application. If the department	55791
determines that the insufficiencies have been corrected, it shall	55792
approve the application. If the department determines that the	55793
insufficiencies have not been corrected, it shall deny the	55794
application and provide the applicant with a written explanation	55795
of the reasons for the denial. The denial of an application may be	55796
appealed in accordance with section 119.12 of the Revised Code.	55797

(3) For each of five school years, beginning with the school	55798
year that begins in the calendar year in which this section takes	55799
effect, the department may approve up to twenty applications for	55800
community schools to be established or to continue operation under	55801
division (A) of this section; however, of the twenty applications	55802
that may be approved each school year, only up to five may be for	55803
the establishment of new schools.	55804

(4) Notwithstanding division (A)(2) of this section, the	55805
department may deny an application submitted by the governing	55806
authority of an existing community school, if a previous sponsor	55807
of that school did not renew its contract or terminated its	55808
contract with the school entered into under section 3314.03 of the	55809
Revised Code.	55810

(B) The department and the governing authority of each	55811
community school authorized under this section shall enter into a	55812
contract under section 3314.03 of the Revised Code.	55813
Notwithstanding division (A)(13) of that section, the contract	55814
with an existing community school may begin at any time during the	55815
academic year. The length of the initial contract of any community	55816
school under this section may be for any term up to five years.	55817
The contract may be renewed in accordance with division (E) of	55818
that section. The contract may provide for the school's governing	55819
authority to pay a fee for oversight and monitoring of the school	55820
that does not exceed three per cent of the total amount of	55821
payments for operating expenses that the school receives from the	55822
state.	55823

(C) The department may require a community school authorized	55824
under this section to post and file with the superintendent of	55825
public instruction a bond payable to the state or to file with the	55826
state superintendent a guarantee, which shall be used to pay the	55827
state any moneys owed by the community school in the event the	55828
school closes.	55829

(D) Except as otherwise provided in this section, a community	55830
school authorized under this section shall comply with all	55831
applicable provisions of this chapter. The department may take any	55832
action that a sponsor may take under this chapter to enforce the	55833
school's compliance with this division and the terms of the	55834
contract entered into under division (B) of this section.	55835

(E) Not later than December 31, 2012, and annually	55836
thereafter, the department shall issue a report on the program,	55837
including information about the number of community schools	55838
participating in the program and their compliance with the	55839
provisions of this chapter. In its fifth report, the department	55840
shall include a complete evaluation of the program and	55841
recommendations regarding the program's continuation. Each report	55842
shall be provided to the general assembly, in accordance with	55843
section 101.68 of the Revised Code, and to the governor.	55844

Sec. 3314.03. A copy of every contract entered into under	55845
this section shall be filed with the superintendent of public	55846
instruction. The department of education shall make available on	55847
its web site a copy of every approved, executed contract filed	55848
with the superintendent under this section.	55849

(A) Each contract entered into between a sponsor and the	55850
governing authority of a community school shall specify the	55851
following:	55852

(1) That the school shall be established as either of the	55853
following:	55854

(a) A nonprofit corporation established under Chapter 1702.	55855
of the Revised Code, if established prior to April 8, 2003;	55856

(b) A public benefit corporation established under Chapter	55857
1702. of the Revised Code, if established after April 8, 2003.	55858

(2) The education program of the school, including the	55859
school's mission, the characteristics of the students the school	55860
is expected to attract, the ages and grades of students, and the	55861
focus of the curriculum;	55862

(3) The academic goals to be achieved and the method of	55863
measurement that will be used to determine progress toward those	55864
goals, which shall include the statewide achievement assessments;	55865

(4) Performance standards by which the success of the school	55866
will be evaluated by the sponsor;	55867

(5) The admission standards of section 3314.06 of the Revised	55868
Code and, if applicable, section 3314.061 of the Revised Code;	55869

(6)(a) Dismissal procedures;

55870

(b) A requirement that the governing authority adopt an	55871
attendance policy that includes a procedure for automatically	55872
withdrawing a student from the school if the student without a	55873
legitimate excuse fails to participate in one hundred five	55874
consecutive hours of the learning opportunities offered to the	55875
student.	55876

(7) The ways by which the school will achieve racial and	55877
ethnic balance reflective of the community it serves;	55878

(8) Requirements for financial audits by the auditor of	55879
state. The contract shall require financial records of the school	55880
to be maintained in the same manner as are financial records of	55881
school districts, pursuant to rules of the auditor of state.	55882
Audits shall be conducted in accordance with section 117.10 of the	55883
Revised Code.	55884

(9) The facilities to be used and their locations;

55885

(10) Qualifications of teachers, including the following:

55886

(a) A requirement that the school's classroom teachers be	55887
licensed in accordance with sections 3319.22 to 3319.31 of the	55888
Revised Code, except that a community school may engage	55889
noncertificated persons to teach up to twelve hours per week	55890
pursuant to section 3319.301 of the Revised Code;	55891

(b) A requirement that each classroom teacher initially hired	55892
by the school on or after July 1, 2013, and employed to provide	55893
instruction in physical education hold a valid license issued	55894
pursuant to section 3319.22 of the Revised Code for teaching	55895
physical education.	55896

(11) That the school will comply with the following	55897
requirements:	55898

(a) The school will provide learning opportunities to a	55899
minimum of twenty-five students for a minimum of nine hundred	55900
twenty hours per school year.	55901

(b) The governing authority will purchase liability	55902
insurance, or otherwise provide for the potential liability of the	55903
school.	55904

(c) The school will be nonsectarian in its programs,	55905
admission policies, employment practices, and all other	55906
operations, and will not be operated by a sectarian school or	55907
religious institution.	55908

(d) The school will comply with sections 9.90, 9.91, 109.65,	55909
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	55910
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	55911
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	55912
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	55913
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	55914
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	55915
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	55916
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	55917
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	55918
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	55919
4123., 4141., and 4167. of the Revised Code as if it were a school	55920
district and will comply with section 3301.0714 of the Revised	55921
Code in the manner specified in section 3314.17 of the Revised	55922
Code.	55923

(e) The school shall comply with Chapter 102. and section	55924
2921.42 of the Revised Code.	55925

(f) The school will comply with sections 3313.61, 3313.611,	55926
and 3313.614 of the Revised Code, except that for students who	55927
enter ninth grade for the first time before July 1, 2010, the	55928
requirement in sections 3313.61 and 3313.611 of the Revised Code	55929
that a person must successfully complete the curriculum in any	55930
high school prior to receiving a high school diploma may be met by	55931
completing the curriculum adopted by the governing authority of	55932
the community school rather than the curriculum specified in Title	55933
XXXIII of the Revised Code or any rules of the state board of	55934
education. Beginning with students who enter ninth grade for the	55935
first time on or after July 1, 2010, the requirement in sections	55936
3313.61 and 3313.611 of the Revised Code that a person must	55937
successfully complete the curriculum of a high school prior to	55938
receiving a high school diploma shall be met by completing the	55939
Ohio core curriculum prescribed in division (C) of section	55940
3313.603 of the Revised Code, unless the person qualifies under	55941
division (D) or (F) of that section. Each school shall comply with	55942
the plan for awarding high school credit based on demonstration of	55943
subject area competency, adopted by the state board of education	55944
under division (J) of section 3313.603 of the Revised Code.	55945

(g) The school governing authority will submit within four	55946
months after the end of each school year a report of its	55947
activities and progress in meeting the goals and standards of	55948
divisions (A)(3) and (4) of this section and its financial status	55949
to the sponsor and the parents of all students enrolled in the	55950
school.	55951

(h) The school, unless it is an internet- or computer-based	55952
community school, will comply with section 3313.801 of the Revised	55953
Code as if it were a school district.	55954

(i) If the school is the recipient of moneys from a grant	55955
awarded under the federal race to the top program, Division (A),	55956
Title XIV, Sections 14005 and 14006 of the "American Recovery and	55957
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	55958
school will pay teachers based upon performance in accordance with	55959
section 3317.141 and will comply with section 3319.111 of the	55960
Revised Code as if it were a school district.	55961

(12) Arrangements for providing health and other benefits to	55962
employees;	55963

(13) The length of the contract, which shall begin at the	55964
beginning of an academic year. No contract shall exceed five years	55965
unless such contract has been renewed pursuant to division (E) of	55966
this section.	55967

(14) The governing authority of the school, which shall be	55968
responsible for carrying out the provisions of the contract;	55969

(15) A financial plan detailing an estimated school budget	55970
for each year of the period of the contract and specifying the	55971
total estimated per pupil expenditure amount for each such year.	55972
~~The plan shall specify for each year the base formula amount that~~	55973
~~will be used for purposes of funding calculations under section~~	55974
~~3314.08 of the Revised Code. This base formula amount for any year~~	55975
~~shall not exceed the formula amount defined under section 3317.02~~	55976
~~of the Revised Code. The plan may also specify for any year a~~	55977
~~percentage figure to be used for reducing the per pupil amount of~~	55978
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	55979
~~Code the school is to receive that year under section 3314.08 of~~	55980
~~the Revised Code.~~	55981

(16) Requirements and procedures regarding the disposition of	55982
employees of the school in the event the contract is terminated or	55983
not renewed pursuant to section 3314.07 of the Revised Code;	55984

(17) Whether the school is to be created by converting all or	55985
part of an existing public school or educational service center	55986
building or is to be a new start-up school, and if it is a	55987
converted public school or service center building, specification	55988
of any duties or responsibilities of an employer that the board of	55989
education or service center governing board that operated the	55990
school or building before conversion is delegating to the	55991
governing authority of the community school with respect to all or	55992
any specified group of employees provided the delegation is not	55993
prohibited by a collective bargaining agreement applicable to such	55994
employees;	55995

(18) Provisions establishing procedures for resolving	55996
disputes or differences of opinion between the sponsor and the	55997
governing authority of the community school;	55998

(19) A provision requiring the governing authority to adopt a	55999
policy regarding the admission of students who reside outside the	56000
district in which the school is located. That policy shall comply	56001
with the admissions procedures specified in sections 3314.06 and	56002
3314.061 of the Revised Code and, at the sole discretion of the	56003
authority, shall do one of the following:	56004

(a) Prohibit the enrollment of students who reside outside	56005
the district in which the school is located;	56006

(b) Permit the enrollment of students who reside in districts	56007
adjacent to the district in which the school is located;	56008

(c) Permit the enrollment of students who reside in any other	56009
district in the state.	56010

(20) A provision recognizing the authority of the department	56011
of education to take over the sponsorship of the school in	56012
accordance with the provisions of division (C) of section 3314.015	56013
of the Revised Code;	56014

(21) A provision recognizing the sponsor's authority to	56015
assume the operation of a school under the conditions specified in	56016
division (B) of section 3314.073 of the Revised Code;	56017

(22) A provision recognizing both of the following:

56018

(a) The authority of public health and safety officials to	56019
inspect the facilities of the school and to order the facilities	56020
closed if those officials find that the facilities are not in	56021
compliance with health and safety laws and regulations;	56022

(b) The authority of the department of education as the	56023
community school oversight body to suspend the operation of the	56024
school under section 3314.072 of the Revised Code if the	56025
department has evidence of conditions or violations of law at the	56026
school that pose an imminent danger to the health and safety of	56027
the school's students and employees and the sponsor refuses to	56028
take such action.	56029

(23) A description of the learning opportunities that will be	56030
offered to students including both classroom-based and	56031
non-classroom-based learning opportunities that is in compliance	56032
with criteria for student participation established by the	56033
department under division ~~(L)~~(H)(2) of section 3314.08 of the	56034
Revised Code;	56035

(24) The school will comply with sections 3302.04 and	56036
3302.041 of the Revised Code, except that any action required to	56037
be taken by a school district pursuant to those sections shall be	56038
taken by the sponsor of the school. However, the sponsor shall not	56039
be required to take any action described in division (F) of	56040
section 3302.04 of the Revised Code.	56041

(25) Beginning in the 2006-2007 school year, the school will	56042
open for operation not later than the thirtieth day of September	56043
each school year, unless the mission of the school as specified	56044
under division (A)(2) of this section is solely to serve dropouts.	56045
In its initial year of operation, if the school fails to open by	56046
the thirtieth day of September, or within one year after the	56047
adoption of the contract pursuant to division (D) of section	56048
3314.02 of the Revised Code if the mission of the school is solely	56049
to serve dropouts, the contract shall be void.	56050

(B) The community school shall also submit to the sponsor a	56051
comprehensive plan for the school. The plan shall specify the	56052
following:	56053

(1) The process by which the governing authority of the	56054
school will be selected in the future;	56055

(2) The management and administration of the school;

56056

(3) If the community school is a currently existing public	56057
school or educational service center building, alternative	56058
arrangements for current public school students who choose not to	56059
attend the converted school and for teachers who choose not to	56060
teach in the school or building after conversion;	56061

(4) The instructional program and educational philosophy of	56062
the school;	56063

(5) Internal financial controls.

56064

(C) A contract entered into under section 3314.02 of the	56065
Revised Code between a sponsor and the governing authority of a	56066
community school may provide for the community school governing	56067
authority to make payments to the sponsor, which is hereby	56068
authorized to receive such payments as set forth in the contract	56069
between the governing authority and the sponsor. The total amount	56070
of such payments for oversight and monitoring of the school shall	56071
not exceed three per cent of the total amount of payments for	56072
operating expenses that the school receives from the state.	56073

(D) The contract shall specify the duties of the sponsor	56074
which shall be in accordance with the written agreement entered	56075
into with the department of education under division (B) of	56076
section 3314.015 of the Revised Code and shall include the	56077
following:	56078

(1) Monitor the community school's compliance with all laws	56079
applicable to the school and with the terms of the contract;	56080

(2) Monitor and evaluate the academic and fiscal performance	56081
and the organization and operation of the community school on at	56082
least an annual basis;	56083

(3) Report on an annual basis the results of the evaluation	56084
conducted under division (D)(2) of this section to the department	56085
of education and to the parents of students enrolled in the	56086
community school;	56087

(4) Provide technical assistance to the community school in	56088
complying with laws applicable to the school and terms of the	56089
contract;	56090

(5) Take steps to intervene in the school's operation to	56091
correct problems in the school's overall performance, declare the	56092
school to be on probationary status pursuant to section 3314.073	56093
of the Revised Code, suspend the operation of the school pursuant	56094
to section 3314.072 of the Revised Code, or terminate the contract	56095
of the school pursuant to section 3314.07 of the Revised Code as	56096
determined necessary by the sponsor;	56097

(6) Have in place a plan of action to be undertaken in the	56098
event the community school experiences financial difficulties or	56099
closes prior to the end of a school year.	56100

(E) Upon the expiration of a contract entered into under this	56101
section, the sponsor of a community school may, with the approval	56102
of the governing authority of the school, renew that contract for	56103
a period of time determined by the sponsor, but not ending earlier	56104
than the end of any school year, if the sponsor finds that the	56105
school's compliance with applicable laws and terms of the contract	56106
and the school's progress in meeting the academic goals prescribed	56107
in the contract have been satisfactory. Any contract that is	56108
renewed under this division remains subject to the provisions of	56109
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	56110

(F) If a community school fails to open for operation within	56111
one year after the contract entered into under this section is	56112
adopted pursuant to division (D) of section 3314.02 of the Revised	56113
Code or permanently closes prior to the expiration of the	56114
contract, the contract shall be void and the school shall not	56115
enter into a contract with any other sponsor. A school shall not	56116
be considered permanently closed because the operations of the	56117
school have been suspended pursuant to section 3314.072 of the	56118
Revised Code.	56119

Sec. 3314.042. The governing authority of each community	56120
school shall comply with the standards for financial reporting	56121
adopted under division (B)(2) of section 3301.07 of the Revised	56122
Code.	56123

Sec. 3314.05. (A) The contract between the community school	56124
and the sponsor shall specify the facilities to be used for the	56125
community school and the method of acquisition. Except as provided	56126
in divisions (B)(3) and (4) of this section, no community school	56127
shall be established in more than one school district under the	56128
same contract.	56129

(B) Division (B) of this section shall not apply to internet-	56130
or computer-based community schools.	56131

(1) A community school may be located in multiple facilities	56132
under the same contract only if the limitations on availability of	56133
space prohibit serving all the grade levels specified in the	56134
contract in a single facility or division (B)(2), (3), or (4) of	56135
this section applies to the school. The school shall not offer the	56136
same grade level classrooms in more than one facility.	56137

(2) A community school may be located in multiple facilities	56138
under the same contract and, notwithstanding division (B)(1) of	56139
this section, may assign students in the same grade level to	56140
multiple facilities, as long as all of the following apply:	56141

(a) ~~The governing authority of the community school filed a~~	56142
~~copy of its contract with the school's sponsor under section~~	56143
~~3314.03 of the Revised Code with the superintendent of public~~	56144
~~instruction on or before May 15, 2008.~~	56145

~~(b) The school was not open for operation prior to July 1,~~	56146
~~2008.~~	56147

~~(c)~~ The governing authority has entered into and maintains a	56148
contract with an operator of the type described in division	56149
(A)(8)(b) of section 3314.02 of the Revised Code.	56150

~~(d)~~(b) The contract with that operator qualified the school	56151
to be established pursuant to division (A) of former section	56152
3314.016 of the Revised Code.	56153

~~(e)~~(c) The school's rating under section 3302.03 of the	56154
Revised Code does not fall below a combination of any of the	56155
following for two or more consecutive years:	56156

(i) A rating of "in need of continuous improvement" under	56157
section 3302.03 of the Revised Code, as that section existed prior	56158
to ~~the effective date of this section~~March 22, 2013;	56159

(ii) For the 2012-2013 and 2013-2014 school years, a rating	56160
of "C" for both the performance index score under division	56161
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	56162
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	56163
Code; or if the building serves only grades ten through twelve,	56164
the building received a grade of "C" for the performance index	56165
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	56166
the Revised Code;	56167

(iii) For the 2014-2015 school year and for any school year	56168
thereafter, an overall grade of "C" under division (C)(3) of	56169
section 3302.03 of the Revised Code or an overall performance	56170
designation of "meets standards" under division (E)(3)(e) of	56171
section 3314.017 of the Revised Code.	56172

(3) A new start-up community school may be established in two	56173
school districts under the same contract if all of the following	56174
apply:	56175

(a) At least one of the school districts in which the school	56176
is established is a challenged school district;	56177

(b) The school operates not more than one facility in each	56178
school district and, in accordance with division (B)(1) of this	56179
section, the school does not offer the same grade level classrooms	56180
in both facilities; and	56181

(c) Transportation between the two facilities does not	56182
require more than thirty minutes of direct travel time as measured	56183
by school bus.	56184

In the case of a community school to which division (B)(3) of	56185
this section applies, if only one of the school districts in which	56186
the school is established is a challenged school district, that	56187
district shall be considered the school's primary location and the	56188
district in which the school is located for the purposes of	56189
division (A)(19) of section 3314.03 and divisions (C) and (H) of	56190
section 3314.06 of the Revised Code and for all other purposes of	56191
this chapter. If both of the school districts in which the school	56192
is established are challenged school districts, the school's	56193
governing authority shall designate one of those districts to be	56194
considered the school's primary location and the district in which	56195
the school is located for the purposes of those divisions and all	56196
other purposes of this chapter and shall notify the department of	56197
education of that designation.	56198

(4) A community school may be located in multiple facilities	56199
under the same contract and, notwithstanding division (B)(1) of	56200
this section, may assign students in the same grade level to	56201
multiple facilities, as long as both of the following apply:	56202

(a) The facilities are all located in the same county.

56203

(b) Either of the following conditions are satisfied:

56204

(i) The community school is sponsored by a board of education	56205
of a city, local, or exempted village school district having	56206
territory in the same county where the facilities of the community	56207
school are located;	56208

(ii) The community school is managed by an operator.

56209

In the case of a community school to which division (B)(4) of	56210
this section applies and that maintains facilities in more than	56211
one school district, the school's governing authority shall	56212
designate one of those districts to be considered the school's	56213
primary location and the district in which the school is located	56214
for the purposes of division (A)(19) of section 3314.03 and	56215
divisions (C) and (H) of section 3314.06 of the Revised Code and	56216
for all other purposes of this chapter and shall notify the	56217
department of that designation.	56218

(5) Any facility used for a community school shall meet all	56219
health and safety standards established by law for school	56220
buildings.	56221

(C) In the case where a community school is proposed to be	56222
located in a facility owned by a school district or educational	56223
service center, the facility may not be used for such community	56224
school unless the district or service center board owning the	56225
facility enters into an agreement for the community school to	56226
utilize the facility. Use of the facility may be under any terms	56227
and conditions agreed to by the district or service center board	56228
and the school.	56229

(D) Two or more separate community schools may be located in	56230
the same facility.	56231

(E) In the case of a community school that is located in	56232
multiple facilities, beginning July 1, 2012, the department shall	56233
assign a unique identification number to the school and to each	56234
facility maintained by the school. Each number shall be used for	56235
identification purposes only. Nothing in this division shall be	56236
construed to require the department to calculate the amount of	56237
funds paid under this chapter, or to compute any data required for	56238
the report cards issued under section 3314.012 of the Revised	56239
Code, for each facility separately. The department shall make all	56240
such calculations or computations for the school as a whole.	56241

Sec. 3314.06. The governing authority of each community	56242
school established under this chapter shall adopt admission	56243
procedures that specify the following:	56244

(A) That, except as otherwise provided in this section,	56245
admission to the school shall be open to any individual age five	56246
to twenty-two entitled to attend school pursuant to section	56247
3313.64 or 3313.65 of the Revised Code in a school district in the	56248
state.	56249

Additionally, except as otherwise provided in this section,	56250
admission to the school may be open on a tuition basis to any	56251
individual age five to twenty-two who is not a resident of this	56252
state. The school shall not receive state funds under section	56253
3314.08 of the Revised Code for any student who is not a resident	56254
of this state.	56255

An individual younger than five years of age may be admitted	56256
to the school in accordance with division (A)(2) of section	56257
3321.01 of the Revised Code.	56258

(B)(1) That admission to the school may be limited to	56259
students who have attained a specific grade level or are within a	56260
specific age group; to students that meet a definition of	56261
"at-risk," as defined in the contract; to residents of a specific	56262
geographic area within the district, as defined in the contract;	56263
or to separate groups of autistic students and nondisabled	56264
students, as authorized in section 3314.061 of the Revised Code	56265
and as defined in the contract.	56266

(2) For purposes of division (B)(1) of this section,	56267
"at-risk" students may include those students identified as gifted	56268
students under section 3324.03 of the Revised Code.	56269

(C) Whether enrollment is limited to students who reside in	56270
the district in which the school is located or is open to	56271
residents of other districts, as provided in the policy adopted	56272
pursuant to the contract.	56273

(D)(1) That there will be no discrimination in the admission	56274
of students to the school on the basis of race, creed, color,	56275
disability, or sex except that:	56276

(a) The governing authority may do either of the following	56277
for the purpose described in division (G) of this section:	56278

(i) Establish a single-gender school for either sex;

56279

(ii) Establish single-gender schools for each sex under the	56280
same contract, provided substantially equal facilities and	56281
learning opportunities are offered for both boys and girls. Such	56282
facilities and opportunities may be offered for each sex at	56283
separate locations.	56284

(b) The governing authority may establish a school that	56285
simultaneously serves a group of students identified as autistic	56286
and a group of students who are not disabled, as authorized in	56287
section 3314.061 of the Revised Code. However, unless the total	56288
capacity established for the school has been filled, no student	56289
with any disability shall be denied admission on the basis of that	56290
disability.	56291

(2) That upon admission of any student with a disability, the	56292
community school will comply with all federal and state laws	56293
regarding the education of students with disabilities.	56294

(E) That the school may not limit admission to students on	56295
the basis of intellectual ability, measures of achievement or	56296
aptitude, or athletic ability, except that a school may limit its	56297
enrollment to students as described in division (B) of this	56298
section.	56299

(F) That the community school will admit the number of	56300
students that does not exceed the capacity of the school's	56301
programs, classes, grade levels, or facilities.	56302

(G) That the purpose of single-gender schools that are	56303
established shall be to take advantage of the academic benefits	56304
some students realize from single-gender instruction and	56305
facilities and to offer students and parents residing in the	56306
district the option of a single-gender education.	56307

(H) That, except as otherwise provided under division (B) of	56308
this section or section 3314.061 of the Revised Code, if the	56309
number of applicants exceeds the capacity restrictions of division	56310
(F) of this section, students shall be admitted by lot from all	56311
those submitting applications, except preference shall be given to	56312
students attending the school the previous year and to students	56313
who reside in the district in which the school is located.	56314
Preference may be given to siblings of students attending the	56315
school the previous year.	56316

Notwithstanding divisions (A) to (H) of this section, in the	56317
event the racial composition of the enrollment of the community	56318
school is violative of a federal desegregation order, the	56319
community school shall take any and all corrective measures to	56320
comply with the desegregation order.	56321

Sec. 3314.072. The provisions of this section are enacted to	56322
promote the public health, safety, and welfare by establishing	56323
procedures under which the governing authorities of community	56324
schools established under this chapter will be held accountable	56325
for their compliance with the terms of the contracts they enter	56326
into with their school's sponsors and the law relating to the	56327
school's operation. Suspension of the operation of a school	56328
imposed under this section is intended to encourage the governing	56329
authority's compliance with the terms of the school's contract and	56330
the law and is not intended to be an alteration of the terms of	56331
that contract.	56332

(A) If a sponsor of a community school established under this	56333
chapter suspends the operation of that school pursuant to	56334
procedures set forth in this section, the governing authority	56335
shall not operate that school while the suspension is in effect.	56336
Any such suspension shall remain in effect until the sponsor	56337
notifies the governing authority that it is no longer in effect.	56338
The contract of a school of which operation is suspended under	56339
this section also may be subject to termination or nonrenewal	56340
under section 3314.07 of the Revised Code.	56341

(B) If at any time conditions at the school do not comply	56342
with a health and safety standard established by law for school	56343
buildings, the sponsor shall immediately suspend the operation of	56344
the school pursuant to procedures set forth in division (D) of	56345
this section. If the sponsor fails to take action to suspend the	56346
operation of a school to which this division applies, the	56347
department of education may take such action.	56348

(C)(1) For any of the reasons prescribed in division	56349
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	56350
sponsor of a community school established under this chapter may	56351
suspend the operation of the school only if it first issues to the	56352
governing authority notice of the sponsor's intent to suspend the	56353
operation of the contract. Such notice shall explain the reasons	56354
for the sponsor's intent to suspend operation of the contract and	56355
shall provide the school's governing authority with five business	56356
days to submit to the sponsor a proposal to remedy the conditions	56357
cited as reasons for the suspension.	56358

(2) The sponsor shall promptly review any proposed remedy	56359
timely submitted by the governing authority and either approve or	56360
disapprove the remedy. If the sponsor disapproves the remedy	56361
proposed by the governing authority, if the governing authority	56362
fails to submit a proposed remedy in the manner prescribed by the	56363
sponsor, or if the governing authority fails to implement the	56364
remedy as approved by the sponsor, the sponsor may suspend	56365
operation of the school pursuant to procedures set forth in	56366
division (D) of this section.	56367

(D)(1) If division (B) of this section applies or if the	56368
sponsor of a community school established under this chapter	56369
decides to suspend the operation of a school as permitted in	56370
division (C)(2) of this section, the sponsor shall promptly send	56371
written notice to the governing authority stating that the	56372
operation of the school is immediately suspended, and explaining	56373
the specific reasons for the suspension. The notice shall state	56374
that the governing authority has five business days to submit a	56375
proposed remedy to the conditions cited as reasons for the	56376
suspension or face potential contract termination.	56377

(2) Upon receipt of the notice of suspension prescribed under	56378
division (D)(1) of this section, the governing authority shall	56379
immediately notify the employees of the school and the parents of	56380
the students enrolled in the school of the suspension and the	56381
reasons therefore, and shall cease all school operations on the	56382
next business day.	56383

(E)(1) Beginning with the 2013-2014 school year, if the	56384
sponsor of a community school suspends the operation of that	56385
school pursuant to procedures set forth in this section, the	56386
school's contract with the sponsor under section 3314.03 of the	56387
Revised Code shall become void, if the governing authority of the	56388
school fails to provide a proposal to remedy the conditions cited	56389
by the sponsor as reasons for the suspension, to the satisfaction	56390
of the sponsor, by the thirtieth day of September of the school	56391
year immediately following the school year in which the operation	56392
of school was suspended.	56393

(2) If, prior to the effective date of this amendment, the	56394
sponsor of a community school has suspended the operation of the	56395
school, the contract with the sponsor under section 3314.03 of the	56396
Revised Code shall become void if the governing authority of the	56397
school fails to provide by September 30, 2014, a proposal to	56398
remedy the conditions cited by the sponsor as reasons for the	56399
suspension, to the satisfaction of the sponsor.	56400

Sec. 3314.074. Divisions (A) and (B) of this section apply	56401
only to the extent permitted under Chapter 1702. of the Revised	56402
Code.	56403

(A) If any community school established under this chapter	56404
permanently closes and ceases its operation as a community school,	56405
the assets of that school shall be distributed first to the	56406
retirement funds of employees of the school, employees of the	56407
school, and private creditors who are owed compensation, and then	56408
any remaining funds shall be paid to the department of education	56409
for redistribution to the school districts in which the students	56410
who were enrolled in the school at the time it ceased operation	56411
were entitled to attend school under section 3313.64 or 3313.65 of	56412
the Revised Code. The amount distributed to each school district	56413
shall be proportional to the district's share of the total	56414
enrollment in the community school.	56415

(B) If a community school closes and ceases to operate as a	56416
community school and the school has received computer hardware or	56417
software from the former Ohio SchoolNet commission or the former	56418
eTech Ohio commission, such hardware or software shall be ~~returned~~	56419
turned over to the ~~eTech Ohio commission~~department of education,	56420
~~and the eTech Ohio commission~~which shall redistribute the	56421
hardware and software, to the extent such redistribution is	56422
possible, to school districts in conformance with the provisions	56423
of the programs as they were operated and administered by the	56424
former eTech Ohio commission.	56425

(C) If the assets of the school are insufficient to pay all	56426
persons or entities to whom compensation is owed, the	56427
prioritization of the distribution of the assets to individual	56428
persons or entities within each class of payees may be determined	56429
by decree of a court in accordance with this section and Chapter	56430
1702. of the Revised Code.	56431

Sec. 3314.08. ~~The deductions under division (C) and the~~	56432
~~payments under division (D) of this section for fiscal years 2012~~	56433
~~and 2013 shall be made in accordance with section 3314.088 of the~~	56434
~~Revised Code.~~	56435

(A) As used in this section:

56436

(1) ~~"Base formula amount" means the amount specified as such~~	56437
~~in a community school's financial plan for a school year pursuant~~	56438
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	56439

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	56440
~~Revised Code.~~	56441

~~(3) "Applicable special education weight" means the multiple~~	56442
~~specified in section 3317.013 of the Revised Code for a disability~~	56443
~~described in that section.~~	56444

~~(4) "Applicable vocational education weight" means:~~

56445

~~(a) For a student enrolled in vocational education programs~~	56446
~~or classes described in division (A) of section 3317.014 of the~~	56447
~~Revised Code, the multiple specified in that division;~~	56448

~~(b) For a student enrolled in vocational education programs~~	56449
~~or classes described in division (B) of section 3317.014 of the~~	56450
~~Revised Code, the multiple specified in that division.~~	56451

~~(5) "Entitled to attend school" means entitled to attend~~	56452
~~school in a district under section 3313.64 or 3313.65 of the~~	56453
~~Revised Code.~~	56454

~~(6) A community school student is "included in the poverty~~	56455
~~student count" of a school district if the student is entitled to~~	56456
~~attend school in the district and the student's family receives~~	56457
~~assistance under the Ohio works first program.~~	56458

~~(7) "Poverty-based assistance reduction factor" means the~~	56459
~~percentage figure, if any, for reducing the per pupil amount of~~	56460
~~poverty-based assistance a community school is entitled to receive~~	56461
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	56462
~~as specified in the school's financial plan for the year pursuant~~	56463
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	56464

~~(8) "All-day kindergarten" has the same meaning as in section~~	56465
~~3321.05 of the Revised Code.~~	56466

~~(9)~~(a) "Category one career-technical education student"	56467
means a student who is receiving the career-technical education	56468
services described in division (A) of section 3317.014 of the	56469
Revised Code.	56470

(b) "Category two career-technical student" means a student	56471
who is receiving the career-technical education services described	56472
in division (B) of section 3317.014 of the Revised Code.	56473

(c) "Category three career-technical student" means a student	56474
who is receiving the career-technical education services described	56475
in division (C) of section 3317.014 of the Revised Code.	56476

(d) "Category four career-technical student" means a student	56477
who is receiving the career-technical education services described	56478
in division (D) of section 3317.014 of the Revised Code.	56479

(e) "Category five career-technical education student" means	56480
a student who is receiving the career-technical education services	56481
described in division (E) of section 3317.014 of the Revised Code.	56482

(2)(a) "Category one limited English proficient student"	56483
means a limited English proficient student described in division	56484
(A) of section 3317.016 of the Revised Code.	56485

(b) "Category two limited English proficient student" means a	56486
limited English proficient student described in division (B) of	56487
section 3317.016 of the Revised Code.	56488

(c) "Category three limited English proficient student" means	56489
a limited English proficient student described in division (C) of	56490
section 3317.016 of the Revised Code.	56491

(3)(a) "Category one special education student" means a	56492
student who is receiving special education services for a	56493
disability specified in division (A) of section 3317.013 of the	56494
Revised Code.	56495

(b) "Category two special education student" means a student	56496
who is receiving special education services for a disability	56497
specified in division (B) of section 3317.013 of the Revised Code.	56498

(c) "Category three special education student" means a	56499
student who is receiving special education services for a	56500
disability specified in division (C) of section 3317.013 of the	56501
Revised Code.	56502

(d) "Category four special education student" means a student	56503
who is receiving special education services for a disability	56504
specified in division (D) of section 3317.013 of the Revised Code.	56505

(e) "Category five special education student" means a student	56506
who is receiving special education services for a disability	56507
specified in division (E) of section 3317.013 of the Revised Code.	56508

(f) "Category six special education student" means a student	56509
who is receiving special education services for a disability	56510
specified in division (F) of section 3317.013 of the Revised Code.	56511

(4) "Formula amount" has the same meaning as in section	56512
3317.02 of the Revised Code.	56513

(5) "IEP" has the same meaning as in section 3323.01 of the	56514
Revised Code.	56515

(6) "Resident district" means the school district in which a	56516
student is entitled to attend school under section 3313.64 or	56517
3313.65 of the Revised Code.	56518

(7) "State education aid" has the same meaning as in section	56519
5751.20 of the Revised Code.	56520

(B) The state board of education shall adopt rules requiring	56521
both of the following:	56522

(1) The board of education of each city, exempted village,	56523
and local school district to annually report the number of	56524
students entitled to attend school in the district who are	56525
enrolled in ~~grades one~~each grade kindergarten through twelve in a	56526
community school established under this chapter, ~~the number of~~	56527
~~students entitled to attend school in the district who are~~	56528
~~enrolled in kindergarten in a community school, the number of~~	56529
~~those kindergartners who are enrolled in all-day kindergarten in~~	56530
~~their community school,~~ and for each child, the community school	56531
in which the child is enrolled.	56532

(2) The governing authority of each community school	56533
established under this chapter to annually report all of the	56534
following:	56535

(a) The number of students enrolled in grades one through	56536
twelve and the full-time equivalent number of students enrolled in	56537
kindergarten in the school who are not receiving special education	56538
and related services pursuant to an IEP;	56539

(b) The number of enrolled students in grades one through	56540
twelve and the full-time equivalent number of enrolled students in	56541
kindergarten, who are receiving special education and related	56542
services pursuant to an IEP;	56543

(c) The number of students reported under division (B)(2)(b)	56544
of this section receiving special education and related services	56545
pursuant to an IEP for a disability described in each of divisions	56546
(A) to (F) of section 3317.013 of the Revised Code;	56547

(d) The full-time equivalent number of students reported	56548
under divisions (B)(2)(a) and (b) of this section who are enrolled	56549
in ~~vocational~~career-technical education programs or classes	56550
described in each of divisions (A) ~~and (B)~~to (E) of section	56551
3317.014 of the Revised Code that are provided by the community	56552
school;	56553

(e) Twenty per cent of the number of students reported under	56554
divisions (B)(2)(a) and (b) of this section who are not reported	56555
under division (B)(2)(d) of this section but who are enrolled in	56556
~~vocational~~career-technical education programs or classes	56557
described in each of divisions (A) ~~and (B)~~to (E) of section	56558
3317.014 of the Revised Code at a joint vocational school district	56559
~~under a contract between the community school and the joint~~	56560
~~vocational school district and are entitled to attend school in a~~	56561
~~city, local, or exempted village school district whose territory~~	56562
~~is part of the territory of the joint vocational school district~~	56563
or another district in the career-technical planning district to	56564
which the school is assigned;	56565

(f) ~~The number of enrolled preschool children with~~	56566
~~disabilities receiving special education services in a~~	56567
~~state-funded unit;~~	56568

~~(g) The community school's base formula amount;~~

56569

~~(h)~~The number of students reported under divisions (B)(2)(a)	56570
and (b) of this section who are category one to three limited	56571
English proficient students described in each of divisions (A) to	56572
(C) of section 3317.016 of the Revised Code;	56573

(g) The number of students reported under divisions (B)(2)(a)	56574
and (b) who are economically disadvantaged, as defined by the	56575
department. A student shall not be categorically excluded from the	56576
number reported under division (B)(2)(g) of this section based on	56577
anything other than family income.	56578

(h) For each student, the city, exempted village, or local	56579
school district in which the student is entitled to attend school;	56580

~~(i) Any poverty-based assistance reduction factor that~~	56581
~~applies to a school year~~under section 3313.64 or 3313.65 of the	56582
Revised Code.	56583

A school district board and a community school governing	56584
authority shall include in their respective reports under division	56585
(B) of this section any child admitted in accordance with division	56586
(A)(2) of section 3321.01 of the Revised Code.	56587

A governing authority of a community school shall not include	56588
in its report under division (B)(2) of this section any student	56589
for whom tuition is charged under division (F) of this section.	56590

(C) ~~From the state education aid calculated for a city,~~	56591
~~exempted village, or local school district and, if necessary, from~~	56592
~~the payment made to the district under sections 321.24 and 323.156~~	56593
~~of the Revised Code, the department of education shall annually~~	56594
~~subtract the sum of the amounts described in divisions (C)(1) to~~	56595
~~(9) of this section. However, when deducting payments on behalf of~~	56596
~~students enrolled in internet- or computer-based community~~	56597
~~schools, the department shall deduct only those amounts described~~	56598
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	56599
~~aggregate amount deducted under this division shall not exceed the~~	56600
~~sum of the district's state education aid and its payment under~~	56601
~~sections 321.24 and 323.156 of the Revised Code.~~	56602

~~(1) An amount equal to the sum of the amounts obtained when,~~	56603
~~for each community school where the district's students are~~	56604
~~enrolled, the number of the district's students reported under~~	56605
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	56606
~~in grades one through twelve, and one-half the number of students~~	56607
~~reported under those divisions who are enrolled in kindergarten,~~	56608
~~in that community school is multiplied by the sum of the base~~	56609
~~formula amount of that community school plus the per pupil amount~~	56610
~~of the base funding supplements specified in divisions (C)(1) to~~	56611
~~(4) of section 3317.012 of the Revised Code.~~	56612

~~(2) The sum of the amounts calculated under divisions~~	56613
~~(C)(2)(a) and (b) of this section:~~	56614

~~(a) For each of the district's students reported under~~	56615
~~division (B)(2)(c) of this section as enrolled in a community~~	56616
~~school in grades one through twelve and receiving special~~	56617
~~education and related services pursuant to an IEP for a disability~~	56618
~~described in section 3317.013 of the Revised Code, the product of~~	56619
~~the applicable special education weight times the community~~	56620
~~school's base formula amount;~~	56621

~~(b) For each of the district's students reported under~~	56622
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	56623
~~a community school and receiving special education and related~~	56624
~~services pursuant to an IEP for a disability described in section~~	56625
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	56626
~~prescribed in division (C)(2)(a) of this section.~~	56627

~~(3) For each of the district's students reported under~~	56628
~~division (B)(2)(d) of this section for whom payment is made under~~	56629
~~division (D)(4) of this section, the amount of that payment;~~	56630

~~(4) An amount equal to the sum of the amounts obtained when,~~	56631
~~for each community school where the district's students are~~	56632
~~enrolled, the number of the district's students enrolled in that~~	56633
~~community school who are included in the district's poverty~~	56634
~~student count is multiplied by the per pupil amount of~~	56635
~~poverty-based assistance the school district receives that year~~	56636
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	56637
~~as adjusted by any poverty-based assistance reduction factor of~~	56638
~~that community school. The per pupil amount of that aid for the~~	56639
~~district shall be calculated by the department.~~	56640

~~(5) An amount equal to the sum of the amounts obtained when,~~	56641
~~for each community school where the district's students are~~	56642
~~enrolled, the district's per pupil amount of aid received under~~	56643
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	56644
~~by any poverty-based assistance reduction factor of the community~~	56645
~~school, is multiplied by the sum of the following:~~	56646

~~(a) The number of the district's students reported under~~	56647
~~division (B)(2)(a) of this section who are enrolled in grades one~~	56648
~~to three in that community school and who are not receiving~~	56649
~~special education and related services pursuant to an IEP;~~	56650

~~(b) One-half of the district's students who are enrolled in~~	56651
~~all-day or any other kindergarten class in that community school~~	56652
~~and who are not receiving special education and related services~~	56653
~~pursuant to an IEP;~~	56654

~~(c) One-half of the district's students who are enrolled in~~	56655
~~all-day kindergarten in that community school and who are not~~	56656
~~receiving special education and related services pursuant to an~~	56657
~~IEP.~~	56658

~~The district's per pupil amount of aid under division (E) of~~	56659
~~section 3317.029 of the Revised Code is the quotient of the amount~~	56660
~~the district received under that division divided by the~~	56661
~~district's kindergarten through third grade ADM, as defined in~~	56662
~~that section.~~	56663

~~(6) An amount equal to the sum of the amounts obtained when,~~	56664
~~for each community school where the district's students are~~	56665
~~enrolled, the district's per pupil amount received under division~~	56666
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	56667
~~poverty-based assistance reduction factor of that community~~	56668
~~school, is multiplied by the number of the district's students~~	56669
~~enrolled in the community school who are identified as~~	56670
~~limited-English proficient.~~	56671

~~(7) An amount equal to the sum of the amounts obtained when,~~	56672
~~for each community school where the district's students are~~	56673
~~enrolled, the district's per pupil amount received under division~~	56674
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	56675
~~poverty-based assistance reduction factor of that community~~	56676
~~school, is multiplied by the sum of the following:~~	56677

~~(a) The number of the district's students enrolled in grades~~	56678
~~one through twelve in that community school;~~	56679

~~(b) One-half of the number of the district's students~~	56680
~~enrolled in kindergarten in that community school.~~	56681

~~The district's per pupil amount under division (G) of section~~	56682
~~3317.029 of the Revised Code is the district's amount per teacher~~	56683
~~calculated under division (G)(1) or (2) of that section divided by~~	56684
~~17.~~	56685

~~(8) An amount equal to the sum of the amounts obtained when,~~	56686
~~for each community school where the district's students are~~	56687
~~enrolled, the district's per pupil amount received under divisions~~	56688
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	56689
~~by any poverty-based assistance reduction factor of that community~~	56690
~~school, is multiplied by the sum of the following:~~	56691

~~(a) The number of the district's students enrolled in grades~~	56692
~~one through twelve in that community school;~~	56693

~~(b) One-half of the number of the district's students~~	56694
~~enrolled in kindergarten in that community school.~~	56695

~~The district's per pupil amount under divisions (H) and (I)~~	56696
~~of section 3317.029 of the Revised Code is the amount calculated~~	56697
~~under each division divided by the district's formula ADM, as~~	56698
~~defined in section 3317.02 of the Revised Code.~~	56699

~~(9) An amount equal to the per pupil state parity aid funding~~	56700
~~calculated for the school district under either division (C) or~~	56701
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	56702
~~of the number of students in grades one through twelve, and~~	56703
~~one-half of the number of students in kindergarten, who are~~	56704
~~entitled to attend school in the district and are enrolled in a~~	56705
~~community school as reported under division (B)(1) of this~~	56706
~~section.~~	56707

~~(D) The department shall annually pay to a community school~~	56708
~~established under this chapter the sum of the amounts described in~~	56709
~~divisions (D)(1) to (10) of this section. However, the department~~	56710
~~shall calculate and pay to each internet- or computer-based~~	56711
~~community school only the amounts described in divisions (D)(1) to~~	56712
~~(3) of this section. Furthermore, the sum of the payments to all~~	56713
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	56714
~~this section for the students entitled to attend school in any~~	56715
~~particular school district shall not exceed the sum of that~~	56716
~~district's state education aid and its payment under sections~~	56717
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	56718
~~calculated under those divisions for the students entitled to~~	56719
~~attend school in a particular school district exceeds the sum of~~	56720
~~that district's state education aid and its payment under sections~~	56721
~~321.24 and 323.156 of the Revised Code, the department shall~~	56722
~~calculate and apply a proration factor to the payments to all~~	56723
~~community schools under those divisions for the students entitled~~	56724
~~to attend school in that district.~~	56725

~~(1) An amount equal to the sum of the amounts obtained when~~	56726
~~the number of students enrolled in grades one through twelve, plus~~	56727
~~one-half of the kindergarten students in the school, reported~~	56728
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	56729
~~not receiving special education and related services pursuant to~~	56730
~~an IEP for a disability described in section 3317.013 of the~~	56731
~~Revised Code is multiplied by the sum of the community school's~~	56732
~~base formula amount plus the per pupil amount of the base funding~~	56733
~~supplements specified in divisions (C)(1) to (4) of section~~	56734
~~3317.012 of the Revised Code.~~	56735

~~(2) The sum of the following amounts:~~

56736

~~(a) For each student reported under division (B)(2)(c) of~~	56737
~~this section as enrolled in the school in grades one through~~	56738
~~twelve and receiving special education and related services~~	56739
~~pursuant to an IEP for a disability described in section 3317.013~~	56740
~~of the Revised Code, the following amount:~~	56741

~~(the school's base formula amount plus~~	56742

~~the per pupil amount of the base funding supplements specified in~~	56743

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	56744

~~+ (the applicable special education weight X the~~	56745

~~community school's base formula amount);~~	56746

~~(b) For each student reported under division (B)(2)(c) of~~	56747
~~this section as enrolled in kindergarten and receiving special~~	56748
~~education and related services pursuant to an IEP for a disability~~	56749
~~described in section 3317.013 of the Revised Code, one-half of the~~	56750
~~amount calculated under the formula prescribed in division~~	56751
~~(D)(2)(a) of this section.~~	56752

~~(3) An amount received from federal funds to provide special~~	56753
~~education and related services to students in the community~~	56754
~~school, as determined by the superintendent of public instruction.~~	56755

~~(4) For each student reported under division (B)(2)(d) of~~	56756
~~this section as enrolled in vocational education programs or~~	56757
~~classes that are described in section 3317.014 of the Revised~~	56758
~~Code, are provided by the community school, and are comparable as~~	56759
~~determined by the superintendent of public instruction to school~~	56760
~~district vocational education programs and classes eligible for~~	56761
~~state weighted funding under section 3317.014 of the Revised Code,~~	56762
~~an amount equal to the applicable vocational education weight~~	56763
~~times the community school's base formula amount times the~~	56764
~~percentage of time the student spends in the vocational education~~	56765
~~programs or classes.~~	56766

~~(5) An amount equal to the sum of the amounts obtained when,~~	56767
~~for each school district where the community school's students are~~	56768
~~entitled to attend school, the number of that district's students~~	56769
~~enrolled in the community school who are included in the~~	56770
~~district's poverty student count is multiplied by the per pupil~~	56771
~~amount of poverty-based assistance that school district receives~~	56772
~~that year pursuant to division (C) of section 3317.029 of the~~	56773
~~Revised Code, as adjusted by any poverty-based assistance~~	56774
~~reduction factor of the community school. The per pupil amount of~~	56775
~~aid shall be determined as described in division (C)(4) of this~~	56776
~~section.~~	56777

~~(6) An amount equal to the sum of the amounts obtained when,~~	56778
~~for each school district where the community school's students are~~	56779
~~entitled to attend school, the district's per pupil amount of aid~~	56780
~~received under division (E) of section 3317.029 of the Revised~~	56781
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56782
~~of the community school, is multiplied by the sum of the~~	56783
~~following:~~	56784

~~(a) The number of the district's students reported under~~	56785
~~division (B)(2)(a) of this section who are enrolled in grades one~~	56786
~~to three in that community school and who are not receiving~~	56787
~~special education and related services pursuant to an IEP;~~	56788

~~(b) One-half of the district's students who are enrolled in~~	56789
~~all-day or any other kindergarten class in that community school~~	56790
~~and who are not receiving special education and related services~~	56791
~~pursuant to an IEP;~~	56792

~~(c) One-half of the district's students who are enrolled in~~	56793
~~all-day kindergarten in that community school and who are not~~	56794
~~receiving special education and related services pursuant to an~~	56795
~~IEP.~~	56796

~~The district's per pupil amount of aid under division (E) of~~	56797
~~section 3317.029 of the Revised Code shall be determined as~~	56798
~~described in division (C)(5) of this section.~~	56799

~~(7) An amount equal to the sum of the amounts obtained when,~~	56800
~~for each school district where the community school's students are~~	56801
~~entitled to attend school, the number of that district's students~~	56802
~~enrolled in the community school who are identified as~~	56803
~~limited-English proficient is multiplied by the district's per~~	56804
~~pupil amount received under division (F) of section 3317.029 of~~	56805
~~the Revised Code, as adjusted by any poverty-based assistance~~	56806
~~reduction factor of the community school.~~	56807

~~(8) An amount equal to the sum of the amounts obtained when,~~	56808
~~for each school district where the community school's students are~~	56809
~~entitled to attend school, the district's per pupil amount~~	56810
~~received under division (G) of section 3317.029 of the Revised~~	56811
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56812
~~of the community school, is multiplied by the sum of the~~	56813
~~following:~~	56814

~~(a) The number of the district's students enrolled in grades~~	56815
~~one through twelve in that community school;~~	56816

~~(b) One-half of the number of the district's students~~	56817
~~enrolled in kindergarten in that community school.~~	56818

~~The district's per pupil amount under division (G) of section~~	56819
~~3317.029 of the Revised Code shall be determined as described in~~	56820
~~division (C)(7) of this section.~~	56821

~~(9) An amount equal to the sum of the amounts obtained when,~~	56822
~~for each school district where the community school's students are~~	56823
~~entitled to attend school, the district's per pupil amount~~	56824
~~received under divisions (H) and (I) of section 3317.029 of the~~	56825
~~Revised Code, as adjusted by any poverty-based assistance~~	56826
~~reduction factor of the community school, is multiplied by the sum~~	56827
~~of the following:~~	56828

~~(a) The number of the district's students enrolled in grades~~	56829
~~one through twelve in that community school;~~	56830

~~(b) One-half of the number of the district's students~~	56831
~~enrolled in kindergarten in that community school.~~	56832

~~The district's per pupil amount under divisions (H) and (I)~~	56833
~~of section 3317.029 of the Revised Code shall be determined as~~	56834
~~described in division (C)(8) of this section.~~	56835

~~(10) An amount equal to the sum of the amounts obtained when,~~	56836
~~for each school district where the community school's students are~~	56837
~~entitled to attend school, the district's per pupil amount of~~	56838
~~state parity aid funding calculated under either division (C) or~~	56839
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	56840
~~sum of the number of that district's students enrolled in grades~~	56841
~~one through twelve, and one-half of the number of that district's~~	56842
~~students enrolled in kindergarten, in the community school as~~	56843
~~reported under divisions (B)(2)(a) and (b) of this section.~~	56844

~~(E)(1) If a community school's costs for a fiscal year for a~~	56845
~~student receiving special education and related services pursuant~~	56846
~~to an IEP for a disability described in divisions (B) to (F) of~~	56847
~~section 3317.013 of the Revised Code exceed the threshold~~	56848
~~catastrophic cost for serving the student as specified in division~~	56849
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	56850
~~submit to the superintendent of public instruction documentation,~~	56851
~~as prescribed by the superintendent, of all its costs for that~~	56852
~~student. Upon submission of documentation for a student of the~~	56853
~~type and in the manner prescribed, the department shall pay to the~~	56854
~~community school an amount equal to the school's costs for the~~	56855
~~student in excess of the threshold catastrophic costs.~~	56856

~~(2) The community school shall only report under division~~	56857
~~(E)(1) of this section, and the department shall only pay for, the~~	56858
~~costs of educational expenses and the related services provided to~~	56859
~~the student in accordance with the student's individualized~~	56860
~~education program. Any legal fees, court costs, or other costs~~	56861
~~associated with any cause of action relating to the student may~~	56862
~~not be included in the amount.~~	56863

~~(F) A community school may apply to the department of~~	56864
~~education for preschool children with disabilities unit funding~~	56865
~~the school would receive if it were a school district. Upon~~	56866
~~request of its governing authority, a community school that~~	56867
~~received such unit funding as a school district-operated school~~	56868
~~before it became a community school shall retain any units awarded~~	56869
~~to it as a school district-operated school provided the school~~	56870
~~continues to meet eligibility standards for the unit.~~	56871

~~A community school shall be considered a school district and~~	56872
~~its governing authority shall be considered a board of education~~	56873
~~for the purpose of applying to any state or federal agency for~~	56874
~~grants that a school district may receive under federal or state~~	56875
~~law or any appropriations act of the general assembly. The~~	56876
~~governing authority of a community school may apply to any private~~	56877
~~entity for additional funds.~~	56878

~~(G)~~(1) Except as provided in division (C)(2) of this section,	56879
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	56880
section, on a full-time equivalency basis, for each student	56881
enrolled in a community school established under this chapter, the	56882
department of education annually shall deduct from the state	56883
education aid of a student's resident district and, if necessary,	56884
from the payment made to the district under sections 321.24 and	56885
323.156 of the Revised Code and pay to the community school the	56886
sum of the following:	56887

(a) An opportunity grant in an amount equal to the formula	56888
amount;	56889

(b) The per pupil amount of targeted assistance funds	56890
calculated under division (A) of section 3317.0217 of the Revised	56891
Code for the student's resident district, as determined by the	56892
department, X 0.25;	56893

(c) Additional state aid for special education and related	56894
services provided under Chapter 3323. of the Revised Code as	56895
follows:	56896

(i) If the student is a category one special education	56897
student, the amount specified in division (A) of section 3317.013	56898
of the Revised Code;	56899

(ii) If the student is a category two special education	56900
student, the amount specified in division (B) of section 3317.013	56901
of the Revised Code;	56902

(iii) If the student is a category three special education	56903
student, the amount specified in division (C) of section 3317.013	56904
of the Revised Code;	56905

(iv) If the student is a category four special education	56906
student, the amount specified in division (D) of section 3317.013	56907
of the Revised Code;	56908

(v) If the student is a category five special education	56909
student, the amount specified in division (E) of section 3317.013	56910
of the Revised Code;	56911

(vi) If the student is a category six special education	56912
student, the amount specified in division (F) of section 3317.013	56913
of the Revised Code.	56914

(d) If the student is in kindergarten through third grade, an	56915
additional amount of $225, in fiscal year 2014, and $335, in	56916
fiscal year 2015;	56917

(e) If the student is economically disadvantaged, an	56918
additional amount equal to the following:	56919

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	56920
(the resident district's economically disadvantaged index)	56921

(f) Limited English proficiency funds as follows:

56922

(i) If the student is a category one limited English	56923
proficient student, the amount specified in division (A) of	56924
section 3317.016 of the Revised Code;	56925

(ii) If the student is a category two limited English	56926
proficient student, the amount specified in division (B) of	56927
section 3317.016 of the Revised Code;	56928

(iii) If the student is a category three limited English	56929
proficient student, the amount specified in division (C) of	56930
section 3317.016 of the Revised Code.	56931

(g) Career-technical education funds as follows:

56932

(i) If the student is a category one career-technical	56933
education student, the amount specified in division (A) of section	56934
3317.014 of the Revised Code;	56935

(ii) If the student is a category two career-technical	56936
education student, the amount specified in division (B) of section	56937
3317.014 of the Revised Code;	56938

(iii) If the student is a category three career-technical	56939
education student, the amount specified in division (C) of section	56940
3317.014 of the Revised Code;	56941

(iv) If the student is a category four career-technical	56942
education student, the amount specified in division (D) of section	56943
3317.014 of the Revised Code;	56944

(v) If the student is a category five career-technical	56945
education student, the amount specified in division (E) of section	56946
3317.014 of the Revised Code.	56947

Deduction and payment of funds under division (C)(1)(g) of	56948
this section is subject to approval by the lead district of a	56949
career-technical planning district or the department of education	56950
under section 3317.161 of the Revised Code.	56951

(2) When deducting from the state education aid of a	56952
student's resident district for students enrolled in an internet-	56953
or computer-based community school and making payments to such	56954
school under this section, the department shall make the	56955
deductions and payments described in only divisions (C)(1)(a),	56956
(c), and (g) of this section.	56957

No deductions or payments shall be made for a student	56958
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	56959
of this section.	56960

(3)(a) If a community school's costs for a fiscal year for a	56961
student receiving special education and related services pursuant	56962
to an IEP for a disability described in divisions (B) to (F) of	56963
section 3317.013 of the Revised Code exceed the threshold	56964
catastrophic cost for serving the student as specified in division	56965
(B) of section 3317.0214 of the Revised Code, the school may	56966
submit to the superintendent of public instruction documentation,	56967
as prescribed by the superintendent, of all its costs for that	56968
student. Upon submission of documentation for a student of the	56969
type and in the manner prescribed, the department shall pay to the	56970
community school an amount equal to the school's costs for the	56971
student in excess of the threshold catastrophic costs.	56972

(b) The community school shall report under division	56973
(C)(3)(a) of this section, and the department shall pay for, only	56974
the costs of educational expenses and the related services	56975
provided to the student in accordance with the student's	56976
individualized education program. Any legal fees, court costs, or	56977
other costs associated with any cause of action relating to the	56978
student may not be included in the amount.	56979

(4) In any fiscal year, a community school receiving funds	56980
under division (C)(1)(g) of this section shall spend those funds	56981
only for the purposes that the department designates as approved	56982
for career-technical education expenses. Career-technical	56983
educational expenses approved by the department shall include only	56984
expenses connected to the delivery of career-technical programming	56985
to career-technical students. The department shall require the	56986
school to report data annually so that the department may monitor	56987
the school's compliance with the requirements regarding the manner	56988
in which funding received under division (C)(1)(g) of this section	56989
may be spent.	56990

(5) All funds received under division (C)(1)(g) of this	56991
section shall be spent in the following manner:	56992

(a) At least seventy-five per cent of the funds shall be	56993
spent on curriculum development, purchase, and implementation;	56994
instructional resources and supplies; industry-based program	56995
certification; student assessment, credentialing, and placement;	56996
curriculum specific equipment purchases and leases;	56997
career-technical student organization fees and expenses; home and	56998
agency linkages; work-based learning experiences; professional	56999
development; and other costs directly associated with	57000
career-technical education programs including development of new	57001
programs.	57002

(b) Not more than twenty-five per cent of the funds shall be	57003
used for personnel expenditures.	57004

(6) A community school shall spend the funds it receives	57005
under division (C)(1)(e) of this section in accordance with	57006
section 3317.25 of the Revised Code.	57007

(7) If the sum of the payments computed under division (C)(1)	57008
of this section for the students entitled to attend school in a	57009
particular school district under sections 3313.64 and 3313.65 of	57010
the Revised Code exceeds the sum of that district's state	57011
education aid and its payment under sections 321.24 and 323.156 of	57012
the Revised Code, the department shall calculate and apply a	57013
proration factor to the payments to all community schools under	57014
that division for the students entitled to attend school in that	57015
district.	57016

(D) A board of education sponsoring a community school may	57017
utilize local funds to make enhancement grants to the school or	57018
may agree, either as part of the contract or separately, to	57019
provide any specific services to the community school at no cost	57020
to the school.	57021

~~(H)~~(E) A community school may not levy taxes or issue bonds	57022
secured by tax revenues.	57023

~~(I)~~(F) No community school shall charge tuition for the	57024
enrollment of any student who is a resident of this state. A	57025
community school may charge tuition for the enrollment of any	57026
student who is not a resident of this state.	57027

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	57028
necessary and actual expenses of the school in anticipation of the	57029
receipt of any portion of the payments to be received by the	57030
school pursuant to division ~~(D)~~(C) of this section. The school may	57031
issue notes to evidence such borrowing. The proceeds of the notes	57032
shall be used only for the purposes for which the anticipated	57033
receipts may be lawfully expended by the school.	57034

(b) A school may also borrow money for a term not to exceed	57035
fifteen years for the purpose of acquiring facilities.	57036

(2) Except for any amount guaranteed under section 3318.50 of	57037
the Revised Code, the state is not liable for debt incurred by the	57038
governing authority of a community school.	57039

~~(K) For purposes of determining the number of students for~~	57040
~~which divisions (D)(5) and (6) of this section applies in any~~	57041
~~school year, a community school may submit to the department of~~	57042
~~job and family services, no later than the first day of March, a~~	57043
~~list of the students enrolled in the school. For each student on~~	57044
~~the list, the community school shall indicate the student's name,~~	57045
~~address, and date of birth and the school district where the~~	57046
~~student is entitled to attend school. Upon receipt of a list under~~	57047
~~this division, the department of job and family services shall~~	57048
~~determine, for each school district where one or more students on~~	57049
~~the list is entitled to attend school, the number of students~~	57050
~~residing in that school district who were included in the~~	57051
~~department's report under section 3317.10 of the Revised Code. The~~	57052
~~department shall make this determination on the basis of~~	57053
~~information readily available to it. Upon making this~~	57054
~~determination and no later than ninety days after submission of~~	57055
~~the list by the community school, the department shall report to~~	57056
~~the state department of education the number of students on the~~	57057
~~list who reside in each school district who were included in the~~	57058
~~department's report under section 3317.10 of the Revised Code. In~~	57059
~~complying with this division, the department of job and family~~	57060
~~services shall not report to the state department of education any~~	57061
~~personally identifiable information on any student.~~	57062

~~(L)~~(H) The department of education shall adjust the amounts	57063
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	57064
section to reflect any enrollment of students in community schools	57065
for less than the equivalent of a full school year. The state	57066
board of education within ninety days after April 8, 2003, shall	57067
adopt in accordance with Chapter 119. of the Revised Code rules	57068
governing the payments to community schools under this section ~~and~~	57069
~~section 3314.13 of the Revised Code~~ including initial payments in	57070
a school year and adjustments and reductions made in subsequent	57071
periodic payments to community schools and corresponding	57072
deductions from school district accounts as provided under	57073
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	57074
~~of the Revised Code~~. For purposes of this section ~~and section~~	57075
~~3314.13 of the Revised Code~~:	57076

(1) A student shall be considered enrolled in the community	57077
school for any portion of the school year the student is	57078
participating at a college under Chapter 3365. of the Revised	57079
Code.	57080

(2) A student shall be considered to be enrolled in a	57081
community school for the period of time beginning on the later of	57082
the date on which the school both has received documentation of	57083
the student's enrollment from a parent and the student has	57084
commenced participation in learning opportunities as defined in	57085
the contract with the sponsor, or thirty days prior to the date on	57086
which the student is entered into the education management	57087
information system established under section 3301.0714 of the	57088
Revised Code. For purposes of applying this division and divisions	57089
~~(L)~~(H)(3) and (4) of this section to a community school student,	57090
"learning opportunities" shall be defined in the contract, which	57091
shall describe both classroom-based and non-classroom-based	57092
learning opportunities and shall be in compliance with criteria	57093
and documentation requirements for student participation which	57094
shall be established by the department. Any student's instruction	57095
time in non-classroom-based learning opportunities shall be	57096
certified by an employee of the community school. A student's	57097
enrollment shall be considered to cease on the date on which any	57098
of the following occur:	57099

(a) The community school receives documentation from a parent	57100
terminating enrollment of the student.	57101

(b) The community school is provided documentation of a	57102
student's enrollment in another public or private school.	57103

(c) The community school ceases to offer learning	57104
opportunities to the student pursuant to the terms of the contract	57105
with the sponsor or the operation of any provision of this	57106
chapter.	57107

Except as otherwise specified in this paragraph, beginning in	57108
the 2011-2012 school year, any student who completed the prior	57109
school year in an internet- or computer-based community school	57110
shall be considered to be enrolled in the same school in the	57111
subsequent school year until the student's enrollment has ceased	57112
as specified in division ~~(L)~~(H)(2) of this section. The department	57113
shall continue subtracting and paying amounts for the student	57114
under ~~divisions~~division (C) ~~and (D)~~ of this section without	57115
interruption at the start of the subsequent school year. However,	57116
if the student without a legitimate excuse fails to participate in	57117
the first one hundred five consecutive hours of learning	57118
opportunities offered to the student in that subsequent school	57119
year, the student shall be considered not to have re-enrolled in	57120
the school for that school year and the department shall	57121
recalculate the payments to the school for that school year to	57122
account for the fact that the student is not enrolled.	57123

(3) The department shall determine each community school	57124
student's percentage of full-time equivalency based on the	57125
percentage of learning opportunities offered by the community	57126
school to that student, reported either as number of hours or	57127
number of days, is of the total learning opportunities offered by	57128
the community school to a student who attends for the school's	57129
entire school year. However, no internet- or computer-based	57130
community school shall be credited for any time a student spends	57131
participating in learning opportunities beyond ten hours within	57132
any period of twenty-four consecutive hours. Whether it reports	57133
hours or days of learning opportunities, each community school	57134
shall offer not less than nine hundred twenty hours of learning	57135
opportunities during the school year.	57136

(4) With respect to the calculation of full-time equivalency	57137
under division ~~(L)~~(H)(3) of this section, the department shall	57138
waive the number of hours or days of learning opportunities not	57139
offered to a student because the community school was closed	57140
during the school year due to disease epidemic, hazardous weather	57141
conditions, law enforcement emergencies, inoperability of school	57142
buses or other equipment necessary to the school's operation,	57143
damage to a school building, or other temporary circumstances due	57144
to utility failure rendering the school building unfit for school	57145
use, so long as the school was actually open for instruction with	57146
students in attendance during that school year for not less than	57147
the minimum number of hours required by this chapter. The	57148
department shall treat the school as if it were open for	57149
instruction with students in attendance during the hours or days	57150
waived under this division.	57151

~~(M)~~(I) The department of education shall reduce the amounts	57152
paid under ~~division (D) of~~ this section to reflect payments made	57153
to colleges under division (B) of section 3365.07 of the Revised	57154
Code or through alternative funding agreements entered into under	57155
rules adopted under section 3365.12 of the Revised Code.	57156

~~(N)~~(J)(1) No student shall be considered enrolled in any	57157
internet- or computer-based community school or, if applicable to	57158
the student, in any community school that is required to provide	57159
the student with a computer pursuant to division (C) of section	57160
3314.22 of the Revised Code, unless both of the following	57161
conditions are satisfied:	57162

(a) The student possesses or has been provided with all	57163
required hardware and software materials and all such materials	57164
are operational so that the student is capable of fully	57165
participating in the learning opportunities specified in the	57166
contract between the school and the school's sponsor as required	57167
by division (A)(23) of section 3314.03 of the Revised Code;	57168

(b) The school is in compliance with division (A) of section	57169
3314.22 of the Revised Code, relative to such student.	57170

(2) In accordance with policies adopted jointly by the	57171
superintendent of public instruction and the auditor of state, the	57172
department shall reduce the amounts otherwise payable under	57173
division ~~(D)~~(C) of this section to any community school that	57174
includes in its program the provision of computer hardware and	57175
software materials to any student, if such hardware and software	57176
materials have not been delivered, installed, and activated for	57177
each such student in a timely manner or other educational	57178
materials or services have not been provided according to the	57179
contract between the individual community school and its sponsor.	57180

The superintendent of public instruction and the auditor of	57181
state shall jointly establish a method for auditing any community	57182
school to which this division pertains to ensure compliance with	57183
this section.	57184

The superintendent, auditor of state, and the governor shall	57185
jointly make recommendations to the general assembly for	57186
legislative changes that may be required to assure fiscal and	57187
academic accountability for such schools.	57188

~~(O)~~(K)(1) If the department determines that a review of a	57189
community school's enrollment is necessary, such review shall be	57190
completed and written notice of the findings shall be provided to	57191
the governing authority of the community school and its sponsor	57192
within ninety days of the end of the community school's fiscal	57193
year, unless extended for a period not to exceed thirty additional	57194
days for one of the following reasons:	57195

(a) The department and the community school mutually agree to	57196
the extension.	57197

(b) Delays in data submission caused by either a community	57198
school or its sponsor.	57199

(2) If the review results in a finding that additional	57200
funding is owed to the school, such payment shall be made within	57201
thirty days of the written notice. If the review results in a	57202
finding that the community school owes moneys to the state, the	57203
following procedure shall apply:	57204

(a) Within ten business days of the receipt of the notice of	57205
findings, the community school may appeal the department's	57206
determination to the state board of education or its designee.	57207

(b) The board or its designee shall conduct an informal	57208
hearing on the matter within thirty days of receipt of such an	57209
appeal and shall issue a decision within fifteen days of the	57210
conclusion of the hearing.	57211

(c) If the board has enlisted a designee to conduct the	57212
hearing, the designee shall certify its decision to the board. The	57213
board may accept the decision of the designee or may reject the	57214
decision of the designee and issue its own decision on the matter.	57215

(d) Any decision made by the board under this division is	57216
final.	57217

(3) If it is decided that the community school owes moneys to	57218
the state, the department shall deduct such amount from the	57219
school's future payments in accordance with guidelines issued by	57220
the superintendent of public instruction.	57221

~~(P)~~(L) The department shall not subtract from a school	57222
district's state aid account ~~under division (C) of this section~~	57223
and shall not pay to a community school under division ~~(D)~~(C) of	57224
this section any amount for any of the following:	57225

(1) Any student who has graduated from the twelfth grade of a	57226
public or nonpublic high school;	57227

(2) Any student who is not a resident of the state;

57228

(3) Any student who was enrolled in the community school	57229
during the previous school year when assessments were administered	57230
under section 3301.0711 of the Revised Code but did not take one	57231
or more of the assessments required by that section and was not	57232
excused pursuant to division (C)(1) or (3) of that section, unless	57233
the superintendent of public instruction grants the student a	57234
waiver from the requirement to take the assessment and a parent is	57235
not paying tuition for the student pursuant to section 3314.26 of	57236
the Revised Code. The superintendent may grant a waiver only for	57237
good cause in accordance with rules adopted by the state board of	57238
education.	57239

(4) Any student who has attained the age of twenty-two years,	57240
except for veterans of the armed services whose attendance was	57241
interrupted before completing the recognized twelve-year course of	57242
the public schools by reason of induction or enlistment in the	57243
armed forces and who apply for enrollment in a community school	57244
not later than four years after termination of war or their	57245
honorable discharge. If, however, any such veteran elects to	57246
enroll in special courses organized for veterans for whom tuition	57247
is paid under federal law, or otherwise, the department shall not	57248
subtract from a school district's state aid account ~~under division~~	57249
~~(C) of this section~~ and shall not pay to a community school under	57250
division ~~(D)~~(C) of this section any amount for that veteran.	57251

Sec. 3314.082. A community school shall be considered a	57252
school district and its governing authority shall be considered a	57253
board of education for the purpose of applying to any state or	57254
federal agency for grants that a school district may receive under	57255
federal or state law or any appropriations act of the general	57256
assembly. The governing authority of a community school may apply	57257
to any private entity for additional funds.	57258

Sec. 3314.083. If the department of education pays a joint	57259
vocational school district under division ~~(G)(4)~~(C)(3) of section	57260
3317.16 of the Revised Code for excess costs of providing special	57261
education and related services to a student with a disability who	57262
is enrolled in a community school, as calculated under division	57263
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	57264
amount of that payment from the amount calculated for payment to	57265
the community school under section 3314.08 of the Revised Code.	57266

Sec. 3314.084. (A) As used in this section:

57267

(1) "Formula ADM" has the same meaning as in section 3317.03	57268
of the Revised Code.	57269

(2) "Home" has the same meaning as in section 3313.64 of the	57270
Revised Code.	57271

(3) "School district of residence" has the same meaning as in	57272
section 3323.01 of the Revised Code; however, a community school	57273
established under this chapter is not a "school district of	57274
residence" for purposes of this section.	57275

(B) Notwithstanding anything to the contrary in section	57276
3314.08 or 3317.03 of the Revised Code, all of the following apply	57277
in the case of a child who is enrolled in a community school and	57278
is also living in a home:	57279

(1) For purposes of the report required under division (B)(1)	57280
of section 3314.08 of the Revised Code, the child's school	57281
district of residence, and not the school district in which the	57282
home that the child is living in is located, shall be considered	57283
to be the school district in which the child is entitled to attend	57284
school. That school district of residence, therefore, shall make	57285
the report required under division (B)(1) of section 3314.08 of	57286
the Revised Code with respect to the child.	57287

(2) For purposes of the report required under division (B)(2)	57288
of section 3314.08 of the Revised Code, the community school shall	57289
report the name of the child's school district of residence.	57290

(3) The child's school district of residence shall count the	57291
child in that district's formula ADM.	57292

(4) The school district in which the home that the child is	57293
living in is located shall not count the child in that district's	57294
formula ADM.	57295

(5) The ~~Department~~department of ~~Education~~education shall	57296
deduct the applicable amounts prescribed under division (C) of	57297
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	57298
Code from the child's school district of residence and shall not	57299
deduct those amounts from the school district in which the home	57300
that the child is living in is located.	57301

(6) The ~~Department~~department shall make the payments	57302
prescribed in ~~divisions (D) and (E)~~division (C) of section	57303
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	57304
the community school.	57305

Sec. 3314.086. A community school established under this	57306
chapter, including an internet- or computer-based community	57307
school, may provide career-technical education in the manner	57308
prescribed by section 3313.90 of the Revised Code. The community	57309
school may contract with any public agency, board, or bureau or	57310
with any private individual or firm for the purchase of any	57311
career-technical education or vocational rehabilitation service	57312
for any student enrolled in the community school and may pay for	57313
such services with funds received under section 3314.08 of the	57314
Revised Code.	57315

Sec. 3314.087. (A) As used in this section:

57316

(1) "Career-technical program" means ~~vocational~~	57317
career-technical programs or classes described in division (A) or,	57318
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	57319
which a student is enrolled.	57320

(2) "Formula ADM," "category one ~~or two vocational~~through	57321
five career-technical education ADM," and "FTE basis" have the	57322
same meanings as in section 3317.02 of the Revised Code.	57323

(3) "Resident school district" means the city, exempted	57324
village, or local school district in which a student is entitled	57325
to attend school under section 3313.64 or 3313.65 of the Revised	57326
Code.	57327

(B) Notwithstanding anything to the contrary in this chapter	57328
or Chapter 3317. of the Revised Code, a student enrolled in a	57329
community school may simultaneously enroll in the career-technical	57330
program operated by the ~~student's resident school district~~	57331
career-technical planning district to which the student's resident	57332
district belongs. On an FTE basis, the student's resident school	57333
district shall count the student in the category one ~~or two~~	57334
~~vocational~~through five career-technical education ADM for the	57335
proportion of the time the student is enrolled in ~~the district's~~a	57336
career-technical program of the career-technical planning district	57337
to which the student's resident district belongs and, accordingly,	57338
the department of education shall calculate funds under Chapter	57339
3317. for the resident district attributable to the student for	57340
the proportion of time the student attends the career-technical	57341
program. The community school shall count the student in its	57342
enrollment report under section 3314.08 of the Revised Code and	57343
shall report to the department the proportion of time that the	57344
student attends classes at the community school. The department	57345
shall pay the community school and deduct from the student's	57346
resident school district the amount computed for the student under	57347
section 3314.08 of the Revised Code in proportion to the fraction	57348
of the time on an FTE basis that the student attends classes at	57349
the community school. "Full-time equivalency" for a community	57350
school student, as defined in division ~~(L)~~(H) of section 3314.08	57351
of the Revised Code, does not apply to the student.	57352

Sec. 3314.091. (A) A school district is not required to	57353
provide transportation for any native student enrolled in a	57354
community school if the district board of education has entered	57355
into an agreement with the community school's governing authority	57356
that designates the community school as responsible for providing	57357
or arranging for the transportation of the district's native	57358
students to and from the community school. For any such agreement	57359
to be effective, it must be certified by the superintendent of	57360
public instruction as having met all of the following	57361
requirements:	57362

(1) It is submitted to the department of education by a	57363
deadline which shall be established by the department.	57364

(2) In accordance with divisions (C)(1) and (2) of this	57365
section, it specifies qualifications, such as residing a minimum	57366
distance from the school, for students to have their	57367
transportation provided or arranged.	57368

(3) The transportation provided by the community school is	57369
subject to all provisions of the Revised Code and all rules	57370
adopted under the Revised Code pertaining to pupil transportation.	57371

(4) The sponsor of the community school also has signed the	57372
agreement.	57373

(B)(1) For the school year that begins on July 1, 2007, a	57374
school district is not required to provide transportation for any	57375
native student enrolled in a community school, if the community	57376
school during the previous school year transported the students	57377
enrolled in the school or arranged for the students'	57378
transportation, even if that arrangement consisted of having	57379
parents transport their children to and from the school, but did	57380
not enter into an agreement to transport or arrange for	57381
transportation for those students under division (A) of this	57382
section, and if the governing authority of the community school by	57383
July 15, 2007, submits written notification to the district board	57384
of education stating that the governing authority is accepting	57385
responsibility for providing or arranging for the transportation	57386
of the district's native students to and from the community	57387
school.	57388

(2) ~~For~~Except as provided in division (B)(4) of this	57389
section, for any school year subsequent to the school year that	57390
begins on July 1, 2007, a school district is not required to	57391
provide transportation for any native student enrolled in a	57392
community school if the governing authority of the community	57393
school, by the thirty-first day of January of the previous school	57394
year, submits written notification to the district board of	57395
education stating that the governing authority is accepting	57396
responsibility for providing or arranging for the transportation	57397
of the district's native students to and from the community	57398
school. If the governing authority of the community school has	57399
previously accepted responsibility for providing or arranging for	57400
the transportation of a district's native students to and from the	57401
community school, under division (B)(1) or (2) of this section,	57402
and has since relinquished that responsibility under division	57403
(B)(3) of this section, the governing authority shall not accept	57404
that responsibility again unless the district board consents to	57405
the governing authority's acceptance of that responsibility.	57406

(3) A governing authority's acceptance of responsibility	57407
under division (B)(1) or (2) of this section shall cover an entire	57408
school year, and shall remain in effect for subsequent school	57409
years unless the governing authority submits written notification	57410
to the district board that the governing authority is	57411
relinquishing the responsibility. However, a governing authority	57412
shall not relinquish responsibility for transportation before the	57413
end of a school year, and shall submit the notice relinquishing	57414
responsibility by the thirty-first day of January, in order to	57415
allow the school district reasonable time to prepare	57416
transportation for its native students enrolled in the school.	57417

(4)(a) For any school year that begins on or after July 1,	57418
2014, a school district is not required to provide transportation	57419
for any native student enrolled in a community school scheduled to	57420
open for operation in the current school year, if the governing	57421
authority of the community school, by the fifteenth day of April	57422
of the previous school year, submits written notification to the	57423
district board of education stating that the governing authority	57424
is accepting responsibility for providing or arranging for the	57425
transportation of the district's native students to and from the	57426
community school.	57427

(b) The governing authority of a community school that	57428
accepts responsibility for transporting its students under	57429
division (4)(a) of this section shall comply with divisions (B)(2)	57430
and (3) of this section to renew or relinquish that authority for	57431
subsequent school years.	57432

(C)(1) A community school governing authority that enters	57433
into an agreement under division (A) of this section, or that	57434
accepts responsibility under division (B) of this section, shall	57435
provide or arrange transportation free of any charge for each of	57436
its enrolled students who is required to be transported under	57437
section 3327.01 of the Revised Code or who would otherwise be	57438
transported by the school district under the district's	57439
transportation policy. The governing authority shall report to the	57440
department of education the number of students transported or for	57441
whom transportation is arranged under this section in accordance	57442
with rules adopted by the state board of education.	57443

(2) The governing authority may provide or arrange	57444
transportation for any other enrolled student who is not eligible	57445
for transportation in accordance with division (C)(1) of this	57446
section and may charge a fee for such service up to the actual	57447
cost of the service.	57448

(3) Notwithstanding anything to the contrary in division	57449
(C)(1) or (2) of this section, a community school governing	57450
authority shall provide or arrange transportation free of any	57451
charge for any disabled student enrolled in the school for whom	57452
the student's individualized education program developed under	57453
Chapter 3323. of the Revised Code specifies transportation.	57454

(D)(1) If a school district board and a community school	57455
governing authority elect to enter into an agreement under	57456
division (A) of this section, the department of education shall	57457
make payments to the community school according to the terms of	57458
the agreement for each student actually transported under division	57459
(C)(1) of this section.	57460

If a community school governing authority accepts	57461
transportation responsibility under division (B) of this section,	57462
the department shall make payments to the community school for	57463
each student actually transported or for whom transportation is	57464
arranged by the community school under division (C)(1) of this	57465
section, calculated as follows:	57466

(a) For any fiscal year which the general assembly has	57467
specified that transportation payments to school districts be	57468
based on an across-the-board percentage of the district's payment	57469
for the previous school year, the per pupil payment to the	57470
community school shall be the following quotient:	57471

(i) The total amount calculated for the school district in	57472
which the child is entitled to attend school for student	57473
transportation other than transportation of children with	57474
disabilities; divided by	57475

(ii) The number of students included in the district's	57476
transportation ADM for the current fiscal year, as reported under	57477
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	57478
the number of students enrolled in the community school not	57479
counted in the district's transportation ADM who are transported	57480
under division (B)(1) or (2) of this section.	57481

(b) For any fiscal year which the general assembly has	57482
specified that the transportation payments to school districts be	57483
calculated in accordance with section 3317.0212 of the Revised	57484
Code and any rules of the state board of education implementing	57485
that section, the payment to the community school shall be the	57486
amount so calculated that otherwise would be paid to the school	57487
district in which the student is entitled to attend school by the	57488
method of transportation the district would have used. The	57489
community school, however, is not required to use the same method	57490
to transport that student.	57491

(c) Divisions (D)(1)(a) and (b) of this section do not apply	57492
to fiscal years 2012 and 2013. Rather, for each of those fiscal	57493
years, the per pupil payment to a community school for	57494
transporting a student shall be the total amount paid under former	57495
section 3306.12 of the Revised Code for fiscal year 2011 to the	57496
school district in which the child is entitled to attend school	57497
divided by that district's "qualifying ridership," as defined in	57498
that section for fiscal year 2011.	57499

As used in this division "entitled to attend school" means	57500
entitled to attend school under section 3313.64 or 3313.65 of the	57501
Revised Code.	57502

(2) The department shall deduct the payment under division	57503
(D)(1) of this section from the state education aid, as defined in	57504
section 3314.08 of the Revised Code, and, if necessary, the	57505
payment under sections 321.14 and 323.156 of the Revised Code,	57506
that is otherwise paid to the school district in which the student	57507
enrolled in the community school is entitled to attend school. The	57508
department shall include the number of the district's native	57509
students for whom payment is made to a community school under	57510
division (D)(1) of this section in the calculation of the	57511
district's transportation payment under section 3317.0212 of the	57512
Revised Code and the operating appropriations act.	57513

(3) A community school shall be paid under division (D)(1) of	57514
this section only for students who are eligible as specified in	57515
section 3327.01 of the Revised Code and division (C)(1) of this	57516
section, and whose transportation to and from school is actually	57517
provided, who actually utilized transportation arranged, or for	57518
whom a payment in lieu of transportation is made by the community	57519
school's governing authority. To qualify for the payments, the	57520
community school shall report to the department, in the form and	57521
manner required by the department, data on the number of students	57522
transported or whose transportation is arranged, the number of	57523
miles traveled, cost to transport, and any other information	57524
requested by the department.	57525

(4) A community school shall use payments received under this	57526
section solely to pay the costs of providing or arranging for the	57527
transportation of students who are eligible as specified in	57528
section 3327.01 of the Revised Code and division (C)(1) of this	57529
section, which may include payments to a parent, guardian, or	57530
other person in charge of a child in lieu of transportation.	57531

(E) Except when arranged through payment to a parent,	57532
guardian, or person in charge of a child, transportation provided	57533
or arranged for by a community school pursuant to an agreement	57534
under this section is subject to all provisions of the Revised	57535
Code, and all rules adopted under the Revised Code, pertaining to	57536
the construction, design, equipment, and operation of school buses	57537
and other vehicles transporting students to and from school. The	57538
drivers and mechanics of the vehicles are subject to all	57539
provisions of the Revised Code, and all rules adopted under the	57540
Revised Code, pertaining to drivers and mechanics of such	57541
vehicles. The community school also shall comply with sections	57542
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	57543
of section 3327.16 of the Revised Code and, subject to division	57544
(C)(1) of this section, sections 3327.01 and 3327.02 of the	57545
Revised Code, as if it were a school district.	57546

Sec. 3314.092. The governing authority or operator of a	57547
community school established under this chapter shall consult with	57548
each school district board of education that transports students	57549
to the community school under sections 3314.09 and 3327.01 of the	57550
Revised Code prior to making any change in the hours or days in	57551
which the community school is open for instruction.	57552

Sec. 3314.11. (A) The board of education of each city,	57553
exempted village, and local school district monthly shall review	57554
enrollment for students enrolled in community schools established	57555
under this chapter and entitled to attend school in the district	57556
under section 3313.64 or 3313.65 of the Revised Code. For each	57557
student, the district shall verify to the department of education	57558
both of the following:	57559

(1) The community school in which the student is enrolled;

57560

(2) That the student is entitled to attend school in the	57561
district under section 3313.64 or 3313.65 of the Revised Code.	57562

(B) For purposes of its initial reporting of the school	57563
districts its students are entitled to attend, the governing	57564
authority of a community school may adopt a policy that prescribes	57565
the number of documents listed in division (E) of this section	57566
required to verify a student's residency. This policy, if adopted,	57567
shall supersede any policy concerning the number of documents for	57568
initial residency verification adopted by the district the student	57569
is entitled to attend. If a community school does not adopt a	57570
policy under this division, the policy of the school district in	57571
which the student is entitled to attend shall prevail.	57572

(C) In making the determinations under this section, the	57573
school district in which a parent or child resides is the location	57574
the parent or student has established as the primary residence and	57575
where substantial family activity takes place.	57576

(D) If a district's determination under division (A) of this	57577
section of the school district a student is entitled to attend	57578
under section 3313.64 or 3313.65 of the Revised Code differs from	57579
a community school's determination under division (B) of this	57580
section, the community school shall provide the school district	57581
that made the determination under division (A) of this section	57582
with documentation of the student's residency and shall make a	57583
good faith effort to accurately identify the correct residence of	57584
the student.	57585

(E) For purposes of this section, the following documents may	57586
serve as evidence of primary residence:	57587

(1) A deed, mortgage, lease, current home owner's or renter's	57588
insurance declaration page, or current real property tax bill;	57589

(2) A utility bill or receipt of utility installation issued	57590
within ninety days of enrollment;	57591

(3) A paycheck or paystub issued to the parent or student	57592
within ninety days of the date of enrollment that includes the	57593
address of the parent's or student's primary residence;	57594

(4) The most current available bank statement issued to the	57595
parent or student that includes the address of the parent's or	57596
student's primary residence;	57597

(5) Any other official document issued to the parent or	57598
student that includes the address of the parent's or student's	57599
primary residence. The superintendent of public instruction shall	57600
develop guidelines for determining what qualifies as an "official	57601
document" under this division.	57602

(F) When a student loses permanent housing and becomes a	57603
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	57604
child who is such a homeless child or youth changes temporary	57605
living arrangements, the district in which the student is entitled	57606
to attend school shall be determined in accordance with division	57607
(F)(13) of section 3313.64 of the Revised Code and the	57608
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	57609

(G) In the event of a disagreement as to which school	57610
district a student is entitled to attend, the community school,	57611
after complying with division (D) of this section, but not more	57612
than sixty days after the monthly deadline established by the	57613
department of education for reporting of community school	57614
enrollment, may present the matter to the superintendent of public	57615
instruction. Not later than thirty days after the community school	57616
presents the matter, the state superintendent, or the state	57617
superintendent's designee, shall determine which district the	57618
student is entitled to attend and shall direct any necessary	57619
adjustments to payments and deductions under ~~sections~~section	57620
3314.08 ~~and 3314.13~~ of the Revised Code based on that	57621
determination.	57622

Sec. 3314.26. (A) Each internet- or computer-based community	57623
school shall withdraw from the school any student who, for two	57624
consecutive school years, has failed to participate in the spring	57625
administration of any assessment prescribed under section	57626
3301.0710 or 3301.0712 of the Revised Code for the student's grade	57627
level and was not excused from the assessment pursuant to division	57628
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	57629
of whether a waiver was granted for the student under division	57630
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	57631
report any such student's data verification code, as assigned	57632
pursuant to section 3301.0714 of the Revised Code, to the	57633
department of education. The department shall maintain a list of	57634
all data verification codes reported under this division and	57635
section 3313.6410 of the Revised Code and provide that list to	57636
each internet- or computer-based community school and to each	57637
school to which section 3313.6410 of the Revised Code applies.	57638

(B) No internet- or computer-based community school shall	57639
receive any state funds under this chapter for any enrolled	57640
student whose data verification code appears on the list	57641
maintained by the department under division (A) of this section.	57642

Notwithstanding any provision of the Revised Code to the	57643
contrary, the parent of any such student shall pay tuition to the	57644
internet- or computer-based community school in an amount equal to	57645
the state funds the school otherwise would receive for that	57646
student, as determined by the department. An internet- or	57647
computer-based community school may withdraw any student for whom	57648
the parent does not pay tuition as required by this division.	57649

Sec. 3314.261. A student shall be considered continuously	57650
enrolled for purposes of the administration of state assessments	57651
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	57652
if the student transfers from an internet or computer-based	57653
community school to another internet or computer-based community	57654
school that is managed by the same operator.	57655

Sec. 3314.29. (A) Notwithstanding anything in this chapter	57656
to the contrary, an internet- or computer-based community school	57657
may divide into two separate internet- or computer-based community	57658
schools by grade level, if all of the following apply:	57659

(1) The school was in operation on or before the effective	57660
date of this section.	57661

(2) The school offers at least grades one through eight.

57662

(3) The sponsor of the school approves dividing the school	57663
into two separate schools under this section.	57664

(4) The school exercises the option to divide into two	57665
separate schools under this section during either the 2013-2014 or	57666
2014-2015 school year.	57667

(5) Either of the following applies:

57668

(a) For a school that divides into separate schools in the	57669
2013-2014 school year, the school is rated in continuous	57670
improvement or higher for the 2011-2012 school year on the report	57671
cards issued under section 3302.03 of the Revised Code as that	57672
section existed prior to March 22, 2013, and the school receives a	57673
grade of "C" or higher on its performance index score under	57674
division (A)(1)(b) of section 3302.03 of the Revised Code for the	57675
report cards issued for the 2012-2013 school year.	57676

(b) For a school that divides into separate schools in the	57677
2013-2014 school year, the school receives a grade of "C" or	57678
higher on its performance index score under divisions (A)(1)(b)	57679
and (B)(1)(b) of section 3302.03 of the Revised Code on the report	57680
cards issued for both the 2012-2013 and 2013-2014 school years.	57681

(B) No school may exercise the option under this section	57682
after the 2014-2015 school year. However, the authority of a	57683
school that has exercised the option under this section to operate	57684
separately as two schools continues for all subsequent school	57685
years in which the schools are in operation.	57686

(C) If a school divides into separate schools under this	57687
section, the accountability data of the original school, including	57688
report card ratings under section 3302.03 of the Revised Code,	57689
shall continue to apply to the applicable grade levels of the new	57690
schools.	57691

(D) The resulting two schools from a separation under this	57692
section shall not add additional grade levels at any time during	57693
either school's operation.	57694

(E) An internet- or computer-based community school created	57695
under this section shall not count toward the annual limit on new	57696
internet- or computer-based community schools prescribed by	57697
division (B) of section 3314.013 of the Revised Code.	57698

Sec. 3314.35. (A)(1) Except as provided in division (A)(4)	57699
of this section, this section applies to any community school that	57700
meets one of the following criteria after July 1, 2009, but before	57701
July 1, 2011:	57702

(a) The school does not offer a grade level higher than three	57703
and has been declared to be in a state of academic emergency under	57704
section 3302.03 of the Revised Code for three of the four most	57705
recent school years.	57706

(b) The school satisfies all of the following conditions:

57707

(i) The school offers any of grade levels four to eight but	57708
does not offer a grade level higher than nine.	57709

(ii) The school has been declared to be in a state of	57710
academic emergency under section 3302.03 of the Revised Code for	57711
two of the three most recent school years.	57712

(iii) In at least two of the three most recent school years,	57713
the school showed less than one standard year of academic growth	57714
in either reading or mathematics, as determined by the department	57715
of education in accordance with rules adopted under division (A)	57716
of section 3302.021 of the Revised Code.	57717

(c) The school offers any of grade levels ten to twelve and	57718
has been declared to be in a state of academic emergency under	57719
section 3302.03 of the Revised Code for three of the four most	57720
recent school years.	57721

(2) Except as provided in division (A)(4) of this section,	57722
this section applies to any community school that meets one of the	57723
following criteria after July 1, 2011, but before July 1, 2013:	57724

(a) The school does not offer a grade level higher than three	57725
and has been declared to be in a state of academic emergency under	57726
section 3302.03 of the Revised Code for two of the three most	57727
recent school years.	57728

(b) The school satisfies all of the following conditions:

57729

(i) The school offers any of grade levels four to eight but	57730
does not offer a grade level higher than nine.	57731

(ii) The school has been declared to be in a state of	57732
academic emergency under section 3302.03 of the Revised Code for	57733
two of the three most recent school years.	57734

(iii) In at least two of the three most recent school years,	57735
the school showed less than one standard year of academic growth	57736
in either reading or mathematics, as determined by the department	57737
in accordance with rules adopted under division (A) of section	57738
3302.021 of the Revised Code.	57739

(c) The school offers any of grade levels ten to twelve and	57740
has been declared to be in a state of academic emergency under	57741
section 3302.03 of the Revised Code for two of the three most	57742
recent school years.	57743

(3) Except as provided in division (A)(4) of this section,	57744
this section applies to any community school that meets one of the	57745
following criteria on or after July 1, 2013:	57746

(a) The school does not offer a grade level higher than three	57747
and, for two of the three most recent school years, satisfies any	57748
of the following criteria:	57749

(i) The school has been declared to be in a state of academic	57750
emergency under section 3302.03 of the Revised Code, as it existed	57751
prior to ~~the effective date of this amendment~~March 22, 2013;	57752

(ii) The school has received a grade of "F" in improving	57753
literacy in grades kindergarten through three under division	57754
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	57755

(iii) The school has received an overall grade of "F" under	57756
division (C) of section 3302.03 of the Revised Code.	57757

(b) The school offers any of grade levels four to eight but	57758
does not offer a grade level higher than nine and, for two of the	57759
three most recent school years, satisfies any of the following	57760
criteria:	57761

(i) The school has been declared to be in a state of academic	57762
emergency under section 3302.03 of the Revised Code, as it existed	57763
prior to ~~the effective date of this amendment~~March 22, 2013, and	57764
the school showed less than one standard year of academic growth	57765
in either reading or mathematics, as determined by the department	57766
in accordance with rules adopted under division (A) of section	57767
3302.021 of the Revised Code;	57768

(ii) The school has received a grade of "F" for the	57769
performance index score under division (A)(1)(b), (B)(1)(b), or	57770
(C)(1)(b) and a grade of "F" for the value-added progress	57771
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	57772
section 3302.03 of the Revised Code;	57773

(iii) The school has received an overall grade of "F" under	57774
division (C) and a grade of "F" for the value-added progress	57775
dimension under division (C)(1)(e) of section 3302.03 of the	57776
Revised Code.	57777

(c) The school offers any of grade levels ten to twelve and,	57778
for two of the three most recent school years, satisfies any of	57779
the following criteria:	57780

(i) The school has been declared to be in a state of academic	57781
emergency under section 3302.03 of the Revised Code, as it existed	57782
prior to ~~the effective date of this amendment~~March 22, 2013;	57783

(ii) The school has received a grade of "F" for the	57784
performance index score under division (A)(1)(b), (B)(1)(b), or	57785
(C)(1)(b) and has not met annual measurable objectives under	57786
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	57787
the Revised Code;	57788

(iii) The school has received an overall grade of "F" under	57789
division (C) and a grade of "F" for the value-added progress	57790
dimension under division (C)(1)(e) of section 3302.03 of the	57791
Revised Code.	57792

For purposes of division (A)(3) of this section only, the	57793
value-added progress dimension for a community school shall be	57794
calculated using assessment scores for only those students to whom	57795
the school has administered the achievement assessments prescribed	57796
by section 3301.0710 of the Revised Code for at least the two most	57797
recent school years.	57798

(4) This section does not apply to either of the following:

57799

(a) Any community school in which a majority of the students	57800
are enrolled in a dropout prevention and recovery program that is	57801
operated by the school. Rather, such schools shall be subject to	57802
closure only as provided in section 3314.351 of the Revised Code.	57803
However, prior to July 1, 2014, a community school in which a	57804
majority of the students are enrolled in a dropout prevention and	57805
recovery program shall be exempt from this section only if it has	57806
been granted a waiver under section 3314.36 of the Revised Code.	57807

(b) Any community school in which a majority of the enrolled	57808
students are children with disabilities receiving special	57809
education and related services in accordance with Chapter 3323. of	57810
the Revised Code.	57811

(B) Any community school to which this section applies shall	57812
permanently close at the conclusion of the school year in which	57813
the school first becomes subject to this section. The sponsor and	57814
governing authority of the school shall comply with all procedures	57815
for closing a community school adopted by the department under	57816
division (E) of section 3314.015 of the Revised Code. The	57817
governing authority of the school shall not enter into a contract	57818
with any other sponsor under section 3314.03 of the Revised Code	57819
after the school closes.	57820

(C) In accordance with division (B) of section 3314.012 of	57821
the Revised Code, the department shall not consider the	57822
performance ratings assigned to a community school for its first	57823
two years of operation when determining whether the school meets	57824
the criteria prescribed by division (A)(1) or (2) of this section.	57825

Sec. 3315.07. (A) The board of education of each ~~city and~~	57826
~~exempted village~~ school district may provide an instructional	57827
program for the employees of the district. The board may provide	57828
the necessary bulletins and instructional material in connection	57829
with the program and pay the cost of meetings held for the purpose	57830
of carrying out the program.	57831

(B) The board of any district or educational service center	57832
may provide bulletins or other materials necessary for the	57833
effective administration of the schools of ~~such~~the district or	57834
programs of the educational service center and may compile, make	57835
available, or publish any of the following materials not	57836
inconsistent with division (C) of this section: student handbooks,	57837
dress codes, curriculum guides, school policy bulletins,	57838
newsletters, board meeting summaries or minutes, financial	57839
reports, annual reports, and other reports concerning the	57840
operation of the schools of the district or programs of the	57841
service center. Such materials shall be published for the purpose	57842
of furthering public awareness of all aspects of the board's	57843
educational program and operation including:	57844

(1) Board policies and actions, procedures, administration	57845
and finance, and state and federal requirements;	57846

(2) The board's programs, activities, and plans;

57847

(3) Student achievements and information concerning	57848
employees;	57849

(4) Any other information the board considers helpful in	57850
keeping students, parents, employees, and residents aware of the	57851
operation of the school district. The board may assign to	57852
employees the duty of producing the information authorized by this	57853
division as a part or all of their jobs.	57854

(C)(1) Except as otherwise provided in division (C)(2) of	57855
this section, no board of education shall use public funds to	57856
support or oppose the passage of a school levy or bond issue or to	57857
compensate any school district employee for time spent on any	57858
activity intended to influence the outcome of a school levy or	57859
bond issue election.	57860

(2) A board of education may permit any of its employees to	57861
attend a public meeting during ~~his~~the employee's regular working	57862
hours for the purpose of presenting information about school	57863
finances and activities and board actions, even if the purpose of	57864
the meeting is to discuss or debate the passage of a school levy	57865
or bond issue.	57866

(D) ~~Boards~~The board of education of ~~local~~a school ~~districts~~	57867
~~and, subject to approval by the educational service center~~	57868
~~governing board, boards of city and exempted village school~~	57869
~~districts located in whole or in part in the territory of~~district	57870
that has entered into an agreement under section 3313.843 or	57871
3313.845 of the Revised Code to receive any services from an	57872
educational service center may authorize ~~educational~~the service	57873
center ~~governing boards~~ to purchase or to accept upon donation	57874
supplies and equipment for such school ~~districts~~district and to	57875
pay the transportation, handling, and storage charges involved in	57876
securing such supplies and equipment. Upon such authorization, the	57877
governing board may make such purchases or accept such donations	57878
and pay from the service center fund the cost of such supplies and	57879
equipment and the transportation, handling, and storage charges	57880
involved. ~~Boards~~The district board shall reimburse in full the	57881
service center governing board for all such expenditures on ~~their~~	57882
its behalf.	57883

Sec. 3315.33. There is hereby established a fund to be known	57884
as the Ohio scholarship fund for teacher trainees for the public	57885
purpose of relieving the existing teacher shortage in public	57886
schools, to be administered and expended as prescribed in sections	57887
3315.33 to 3315.35 of the Revised Code. Appropriations by the	57888
general assembly for the purpose of scholarships for teacher	57889
trainees shall be paid into this fund.	57890

Each scholarship for a teacher trainee shall have a maximum	57891
value of five hundred dollars annually and shall be awarded as	57892
follows:	57893

(A) The state board of education shall prescribe standards	57894
and requirements which shall be met by persons who are eligible	57895
for such scholarships. Scholarships shall be allocated among the	57896
counties of the state on an equitable basis by the state board of	57897
education, provided that not less than three such scholarships	57898
shall be available annually to residents of each county of the	57899
state. If, on the first day of September in each year, the state	57900
board of education finds that the number of eligible persons	57901
recommended from any county is less than the number of	57902
scholarships allocated to that county, it may reallocate the	57903
remaining scholarships among the counties in which the number of	57904
eligible persons exceeds the number of scholarships allocated.	57905
Such reallocation as may affect a county in one year shall not	57906
prejudice in any way the allocation to it in succeeding years.	57907

(B) In accordance with the requirements of sections 3315.33,	57908
3315.34, and 3315.35 of the Revised Code, the educational service	57909
center superintendent in each educational service center as	57910
committee chairperson shall appoint a committee consisting of one	57911
~~city or exempted village~~ high school principal, one elementary	57912
school principal, and one ~~city or exempted village~~ classroom	57913
teacher. This committee shall select and recommend, on the basis	57914
of merit, a number of high school graduates, not to exceed the	57915
number allocated to each county by the state board of education,	57916
who are interested in teaching and whose work and qualifications	57917
are such as to indicate that they possess the qualities which	57918
should be possessed by a successful teacher. Such persons shall	57919
not have previously been enrolled in any college of education or	57920
have majored in education in any college or university. Such other	57921
college training shall be considered in determining such person's	57922
qualifications to become a successful teacher.	57923

(C) The scholarship fund for teacher trainees shall be	57924
disbursed to scholarship holders upon their application as	57925
approved by the state board of education upon vouchers for that	57926
purpose. Such scholarships shall be paid in equal installments at	57927
the beginning of each quarter or semester while college is in	57928
session to each person who has been awarded such a scholarship	57929
when the following requirements are met:	57930

(1) Such person shall be a bona fide student in the college	57931
of education or department of teacher training in an Ohio	57932
institution of higher learning.	57933

(2) Such person shall pursue a course of study in elementary	57934
education in said college of education or department of teacher	57935
training approved by the state board of education.	57936

Sec. 3315.40. The board of education of a city, local,	57937
exempted village, or joint vocational school district or the	57938
governing board of any educational service center may establish an	57939
education foundation fund. Moneys in the fund shall consist of	57940
proceeds paid into the fund under division (B) of section 3313.36	57941
of the Revised Code. In addition, by resolution adopted by a	57942
majority of its members, a city, local, exempted village, or joint	57943
vocational board may annually direct the school district treasurer	57944
to pay into the education foundation fund an amount from the	57945
school district general fund not to exceed one-half of one per	57946
cent of the total appropriations of the school district as	57947
estimated by the board at the time the resolution is adopted or as	57948
set forth in the annual appropriation measure as most recently	57949
amended or supplemented; and any governing board, by resolution	57950
adopted by a majority of its members, may annually direct the	57951
service center treasurer to pay into the education foundation fund	57952
an amount not to exceed one-half of one per cent of the funds	57953
received by the governing board pursuant to an agreement entered	57954
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	57955
Code.	57956

Income from the investment of moneys in the fund shall be	57957
paid into the fund. A board, by resolution adopted by a majority	57958
of its members, may accept a trust created under section 3315.41	57959
of the Revised Code for the investment of money in the educational	57960
foundation fund and direct the school district or service center	57961
treasurer to pay to the trustee, the initial trust principal	57962
contemplated by the instrument creating the trust. A board that	57963
has accepted a trust created under section 3315.41 of the Revised	57964
Code may do any of the following by resolution adopted by a	57965
majority of its members: direct the school district or service	57966
center treasurer to pay additional amounts to the trust principal,	57967
amend the trust, revoke the trust, or provide for payment of	57968
compensation to the trustee.	57969

Moneys in the fund shall be expended only by resolution	57970
adopted by a majority of the members of the board for operating or	57971
capital costs of any existing or new and innovative program	57972
designed to enhance or promote education within the district or	57973
service center, such as scholarships for students or teachers.	57974

A board of education or governing board may appoint a	57975
committee of administrators to administer the education foundation	57976
fund and to make recommendations for the use of the fund. Members	57977
of the committee shall serve at the discretion of the appointing	57978
board. Members shall receive no compensation, but may be	57979
reimbursed for actual and necessary expenses incurred in the	57980
performance of their official duties.	57981

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	57982
Code do not apply to either of the following:	57983

(A) A school district that has received funds for a project	57984
under Chapter 3318. of the Revised Code, so long as the purchase	57985
price to be paid by the board for the state's interest in the	57986
project has not been paid;	57987

(B) A school district that has an outstanding loan under	57988
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	57989
Code.	57990

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	57991
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	57992
Code, and subject to the approval of the superintendent of public	57993
instruction, a school district that is in a state of fiscal watch	57994
declared under section 3316.03 of the Revised Code may restructure	57995
or refinance loans obtained or in the process of being obtained	57996
under section 3313.483 of the Revised Code if all of the following	57997
requirements are met:	57998

(1) The operating deficit certified for the school district	57999
for the current or preceding fiscal year under section 3313.483 of	58000
the Revised Code exceeds fifteen per cent of the district's	58001
general revenue fund for the fiscal year preceding the year for	58002
which the certification of the operating deficit is made.	58003

(2) The school district voters have, during the period of the	58004
fiscal watch, approved the levy of a tax under section 718.09,	58005
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	58006
that is not a renewal or replacement levy, or a levy under section	58007
5705.199 of the Revised Code, and that will provide new operating	58008
revenue.	58009

(3) The board of education of the school district has adopted	58010
or amended the financial plan required by section 3316.04 of the	58011
Revised Code to reflect the restructured or refinanced loans, and	58012
sets forth the means by which the district will bring projected	58013
operating revenues and expenditures, and projected debt service	58014
obligations, into balance for the life of any such loan.	58015

(B) Subject to the approval of the superintendent of public	58016
instruction, the school district may issue securities to evidence	58017
the restructuring or refinancing authorized by this section. Such	58018
securities may extend the original period for repayment not to	58019
exceed ten years, and may alter the frequency and amount of	58020
repayments, interest or other financing charges, and other terms	58021
or agreements under which the loans were originally contracted,	58022
provided the loans received under sections 3313.483 of the Revised	58023
Code are repaid from funds the district would otherwise receive	58024
under Chapter 3317. of the Revised Code, as required under	58025
division (E)(3) of section 3313.483 of the Revised Code.	58026
Securities issued for the purpose of restructuring or refinancing	58027
under this section shall be repaid in equal payments and at equal	58028
intervals over the term of the debt and are not eligible to be	58029
included in any subsequent proposal to restructure or refinance.	58030

(C) Unless the district is declared to be in a state of	58031
fiscal emergency under division (D) of section 3316.04 of the	58032
Revised Code, a school district shall remain in a state of fiscal	58033
watch for the duration of the repayment period of any loan	58034
restructured or refinanced under this section.	58035

Sec. 3316.06. (A) Within one hundred twenty days after the	58036
first meeting of a school district financial planning and	58037
supervision commission, the commission shall adopt a financial	58038
recovery plan regarding the school district for which the	58039
commission was created. During the formulation of the plan, the	58040
commission shall seek appropriate input from the school district	58041
board and from the community. This plan shall contain the	58042
following:	58043

(1) Actions to be taken to:

58044

(a) Eliminate all fiscal emergency conditions declared to	58045
exist pursuant to division (B) of section 3316.03 of the Revised	58046
Code;	58047

(b) Satisfy any judgments, past-due accounts payable, and all	58048
past-due and payable payroll and fringe benefits;	58049

(c) Eliminate the deficits in all deficit funds, except that	58050
any prior year deficits in the capital and maintenance fund	58051
established pursuant to section 3315.18 of the Revised Code shall	58052
be forgiven;	58053

(d) Restore to special funds any moneys from such funds that	58054
were used for purposes not within the purposes of such funds, or	58055
borrowed from such funds by the purchase of debt obligations of	58056
the school district with the moneys of such funds, or missing from	58057
the special funds and not accounted for, if any;	58058

(e) Balance the budget, avoid future deficits in any funds,	58059
and maintain on a current basis payments of payroll, fringe	58060
benefits, and all accounts;	58061

(f) Avoid any fiscal emergency condition in the future;

58062

(g) Restore the ability of the school district to market	58063
long-term general obligation bonds under provisions of law	58064
applicable to school districts generally.	58065

(2) The management structure that will enable the school	58066
district to take the actions enumerated in division (A)(1) of this	58067
section. The plan shall specify the level of fiscal and management	58068
control that the commission will exercise within the school	58069
district during the period of fiscal emergency, and shall	58070
enumerate respectively, the powers and duties of the commission	58071
and the powers and duties of the school board during that period.	58072
The commission may elect to assume any of the powers and duties of	58073
the school board it considers necessary, including all powers	58074
related to personnel, curriculum, and legal issues in order to	58075
successfully implement the actions described in division (A)(1) of	58076
this section.	58077

(3) The target dates for the commencement, progress upon, and	58078
completion of the actions enumerated in division (A)(1) of this	58079
section and a reasonable period of time expected to be required to	58080
implement the plan. The commission shall prepare a reasonable time	58081
schedule for progress toward and achievement of the requirements	58082
for the plan, and the plan shall be consistent with that time	58083
schedule.	58084

(4) The amount and purpose of any issue of debt obligations	58085
that will be issued, together with assurances that any such debt	58086
obligations that will be issued will not exceed debt limits	58087
supported by appropriate certifications by the fiscal officer of	58088
the school district and the county auditor. Debt obligations	58089
issued pursuant to section 133.301 of the Revised Code shall	58090
include assurances that such debt shall be in an amount not to	58091
exceed the amount certified under division (B) of such section. If	58092
the commission considers it necessary in order to maintain or	58093
improve educational opportunities of pupils in the school	58094
district, the plan may include a proposal to restructure or	58095
refinance outstanding debt obligations incurred by the board under	58096
section 3313.483 of the Revised Code contingent upon the approval,	58097
during the period of the fiscal emergency, by district voters of a	58098
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	58099
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	58100
renewal or replacement levy, or a levy under section 5705.199 of	58101
the Revised Code, and that will provide new operating revenue.	58102
Notwithstanding any provision of Chapter 133. or sections 3313.483	58103
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	58104
approval of the district voters and with the approval of the	58105
commission, the school district may issue securities to evidence	58106
the restructuring or refinancing. Those securities may extend the	58107
original period for repayment, not to exceed ten years, and may	58108
alter the frequency and amount of repayments, interest or other	58109
financing charges, and other terms of agreements under which the	58110
debt originally was contracted, at the discretion of the	58111
commission, provided that any loans received pursuant to section	58112
3313.483 of the Revised Code shall be paid from funds the district	58113
would otherwise receive under Chapter 3317. of the Revised Code,	58114
as required under division (E)(3) of section 3313.483 of the	58115
Revised Code. The securities issued for the purpose of	58116
restructuring or refinancing the debt shall be repaid in equal	58117
payments and at equal intervals over the term of the debt and are	58118
not eligible to be included in any subsequent proposal for the	58119
purpose of restructuring or refinancing debt under this section.	58120

(5) An evaluation of the feasibility of entering into shared	58121
services agreements with other political subdivisions for the	58122
joint exercise of any power, performance of any function, or	58123
rendering of any service, if so authorized by statute.	58124

(B) Any financial recovery plan may be amended subsequent to	58125
its adoption. Each financial recovery plan shall be updated	58126
annually.	58127

(C) Each school district financial planning and supervision	58128
commission shall submit the financial recovery plan it adopts or	58129
updates under this section to the state superintendent of public	58130
instruction for approval immediately following its adoption or	58131
updating. The state superintendent shall evaluate the plan and	58132
either approve or disapprove it within thirty calendar days from	58133
the date of its submission. If the plan is disapproved, the state	58134
superintendent shall recommend modifications that will render it	58135
acceptable. No financial planning and supervision commission shall	58136
implement a financial recovery plan that is adopted or updated on	58137
or after April 10, 2001, unless the state superintendent has	58138
approved it.	58139

Sec. 3317.01. As used in this section, "school district,"	58140
unless otherwise specified, means any city, local, exempted	58141
village, joint vocational, or cooperative education school	58142
district and any educational service center.	58143

This chapter shall be administered by the state board of	58144
education. The superintendent of public instruction shall	58145
calculate the amounts payable to each school district and shall	58146
certify the amounts payable to each eligible district to the	58147
treasurer of the district as provided by this chapter. As soon as	58148
possible after such amounts are calculated, the superintendent	58149
shall certify to the treasurer of each school district the	58150
district's adjusted charge-off increase, as defined in section	58151
5705.211 of the Revised Code. Certification of moneys pursuant to	58152
this section shall include the amounts payable to each school	58153
building, at a frequency determined by the superintendent, for	58154
each subgroup of students, as defined in section 3317.40 of the	58155
Revised Code, receiving services, provided for by state funding,	58156
from the district or school. No moneys shall be distributed	58157
pursuant to this chapter without the approval of the controlling	58158
board.	58159

The state board of education shall, in accordance with	58160
appropriations made by the general assembly, meet the financial	58161
obligations of this chapter.	58162

Moneys distributed pursuant to this chapter shall be	58163
calculated and paid on a fiscal year basis, beginning with the	58164
first day of July and extending through the thirtieth day of June.	58165
The moneys appropriated for each fiscal year shall be distributed	58166
periodically to each school district unless otherwise provided	58167
for. The state board, in June of each year, shall submit to the	58168
controlling board the state board's year-end distributions	58169
pursuant to this chapter.	58170

Payments shall be calculated to reflect the biannual	58171
reporting of average daily membership. Annualized periodic	58172
payments for each school district shall be based on the district's	58173
final student counts verified by the superintendent of public	58174
instruction based on reports under section 3317.03 of the Revised	58175
Code, as adjusted, if so ordered, under division (K) of that	58176
section, as follows:	58177

the sum of one-half of the number of students verified and	58178
adjusted for the first full week in October plus one-half of the	58179
average of the numbers verified and adjusted for the first full	58180
week in October and for the first full week in February	58181

Except as otherwise provided, payments under this chapter	58182
shall be made only to those school districts in which:	58183

(A) The school district, except for any educational service	58184
center and any joint vocational or cooperative education school	58185
district, levies for current operating expenses at least twenty	58186
mills. Levies for joint vocational or cooperative education school	58187
districts or county school financing districts, limited to or to	58188
the extent apportioned to current expenses, shall be included in	58189
this qualification requirement. School district income tax levies	58190
under Chapter 5748. of the Revised Code, limited to or to the	58191
extent apportioned to current operating expenses, shall be	58192
included in this qualification requirement to the extent	58193
determined by the tax commissioner under division (D) of section	58194
3317.021 of the Revised Code.	58195

(B) The school year next preceding the fiscal year for which	58196
such payments are authorized meets the requirement of section	58197
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	58198
minimum number of ~~days or~~ hours school must be open for	58199
instruction with pupils in attendance, for individualized	58200
parent-teacher conference and reporting periods, and for	58201
professional meetings of teachers. ~~This requirement shall be~~	58202
~~waived by the superintendent of public instruction if it had been~~	58203
~~necessary for a school to be closed because of disease epidemic,~~	58204
~~hazardous weather conditions, law enforcement emergencies,~~	58205
~~inoperability of school buses or other equipment necessary to the~~	58206
~~school's operation, damage to a school building, or other~~	58207
~~temporary circumstances due to utility failure rendering the~~	58208
~~school building unfit for school use, provided that for those~~	58209
~~school districts operating pursuant to section 3313.48 of the~~	58210
~~Revised Code the number of days the school was actually open for~~	58211
~~instruction with pupils in attendance and for individualized~~	58212
~~parent-teacher conference and reporting periods is not less than~~	58213
~~one hundred seventy-five, or for those school districts operating~~	58214
~~on a trimester plan the number of days the school was actually~~	58215
~~open for instruction with pupils in attendance not less than~~	58216
~~seventy-nine days in any trimester, for those school districts~~	58217
~~operating on a quarterly plan the number of days the school was~~	58218
~~actually open for instruction with pupils in attendance not less~~	58219
~~than fifty-nine days in any quarter, or for those school districts~~	58220
~~operating on a pentamester plan the number of days the school was~~	58221
~~actually open for instruction with pupils in attendance not less~~	58222
~~than forty-four days in any pentamester.~~	58223

A school district shall not be considered to have failed to	58224
comply with this division ~~or section 3313.481 of the Revised Code~~	58225
because schools were open for instruction but either twelfth grade	58226
students were excused from attendance for up to the equivalent of	58227
three school days or only a portion of the kindergarten students	58228
were in attendance for up to the equivalent of three school days	58229
in order to allow for the gradual orientation to school of such	58230
students.	58231

~~The superintendent of public instruction shall waive the~~	58232
~~requirements of this section with reference to the minimum number~~	58233
~~of days or hours school must be in session with pupils in~~	58234
~~attendance for the school year succeeding the school year in which~~	58235
~~a board of education initiates a plan of operation pursuant to~~	58236
~~section 3313.481 of the Revised Code. The minimum requirements of~~	58237
~~this section shall again be applicable to such a district~~	58238
~~beginning with the school year commencing the second July~~	58239
~~succeeding the initiation of one such plan, and for each school~~	58240
~~year thereafter.~~	58241

~~A school district shall not be considered to have failed to~~	58242
~~comply with this division or section 3313.48 or 3313.481 of the~~	58243
~~Revised Code because schools were open for instruction but the~~	58244
~~length of the regularly scheduled school day, for any number of~~	58245
~~days during the school year, was reduced by not more than two~~	58246
~~hours due to hazardous weather conditions.~~	58247

A board of education or governing board of an educational	58248
service center which has not conformed with other law and the	58249
rules pursuant thereto, shall not participate in the distribution	58250
of funds authorized by this chapter, except for good and	58251
sufficient reason established to the satisfaction of the state	58252
board of education and the state controlling board.	58253

All funds allocated to school districts under this chapter,	58254
except those specifically allocated for other purposes, shall be	58255
used to pay current operating expenses only.	58256

Sec. 3317.013. ~~Except for a preschool child with a~~	58257
~~disability for whom a scholarship has been awarded under section~~	58258
~~3310.41 of the Revised Code, this section does not apply to~~	58259
~~preschool children with disabilities.~~	58260

~~Analysis of special education cost data has resulted in a~~	58261
~~finding that the average special education additional cost per~~	58262
~~pupil, including the costs of related services, can be expressed~~	58263
~~as a multiple of the formula amount.~~ The ~~multiples~~amounts for the	58264
following categories of special education programs, as these	58265
programs are defined for purposes of Chapter 3323. of the Revised	58266
Code, ~~and adjusted as provided in this section,~~ are as follows:	58267

(A) ~~A multiple of 0.2906~~An amount of $1,503, in fiscal year	58268
2014, or $1,517, in fiscal year 2015, for ~~students~~each student	58269
whose primary or only identified disability is a speech and	58270
language disability, as this term is defined pursuant to Chapter	58271
3323. of the Revised Code;	58272

(B) ~~A multiple of 0.7374~~An amount of $3,813, in fiscal year	58273
2014, or $3,849, in fiscal year 2015, for ~~students~~each student	58274
identified as specific learning disabled or developmentally	58275
disabled, as these terms are defined pursuant to Chapter 3323. of	58276
the Revised Code, oridentified as having an other health	58277
impairment-minor, or identified as a preschool child who is	58278
developmentally delayed;	58279

(C) ~~A multiple of 1.7716~~An amount of $9,160, in fiscal year	58280
2014, or $9,248, in fiscal year 2015, for ~~students~~each student	58281
identified as hearing disabled or severe behavior disabled, as	58282
these terms are defined pursuant to Chapter 3323. of the Revised	58283
Code;	58284

(D) ~~A multiple of 2.3643~~An amount of $12,225, in fiscal year	58285
2014, or $12,342, in fiscal year 2015, for ~~students~~each student	58286
identified as vision impaired, as this term is defined pursuant to	58287
Chapter 3323. of the Revised Code, or as having an other health	58288
impairment-major;	58289

(E) ~~A multiple of 3.2022~~An amount of $16,557, in fiscal year	58290
2014, or $16,715, in fiscal year 2015, for ~~students~~each student	58291
identified as orthopedically disabled or as having multiple	58292
disabilities, as these terms are defined pursuant to Chapter 3323.	58293
of the Revised Code;	58294

(F) ~~A multiple of 4.7205~~An amount of $24,407, in fiscal year	58295
2014, or $24,641, in fiscal year 2015, for ~~students~~each student	58296
identified as autistic, having traumatic brain injuries, or as	58297
both visually and hearing impaired, as these terms are defined	58298
pursuant to Chapter 3323. of the Revised Code.	58299

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	58300
~~multiples specified in divisions (A) to (F) of this section shall~~	58301
~~be adjusted by multiplying them by 0.90.~~	58302

Sec. 3317.014. The career-technical education additional	58303
amount per pupil for each student enrolled in career-technical	58304
education programs approved by the department of education in	58305
accordance with rules adopted under section 3313.90 of the Revised	58306
Code shall be as follows:	58307

(A) An amount of $4,336, in fiscal year 2014, or $4,408, in	58308
fiscal year 2015, for each student enrolled in career-technical	58309
education workforce development programs in environmental and	58310
agricultural systems, construction technologies, engineering and	58311
science technologies, finance, health science, information	58312
technology, and manufacturing technologies;	58313

(B) An amount of $3,907, in fiscal year 2014, or $3,944, in	58314
fiscal year 2015, for each student enrolled in workforce	58315
development programs in business and administration, hospitality	58316
and tourism, human services, law and public safety, and	58317
transportation systems;	58318

(C) An amount of $2,470, in fiscal year 2014, or $2,494, in	58319
fiscal year 2015, for students enrolled in workforce development	58320
career-based intervention programs;	58321

(D) An amount of $1,781, in fiscal year 2014, or $1,798, in	58322
fiscal year 2015, for students enrolled in workforce development	58323
programs in arts and communications, education and training,	58324
marketing, workforce development academics, and career	58325
development;	58326

(E) An amount of $1,379, in fiscal year 2014, or $1,392, in	58327
fiscal year 2015, for students enrolled in family and consumer	58328
science programs.	58329

The amount for career-technical education associated services	58330
shall be $225, in fiscal year 2014, or $227, in fiscal year 2015.	58331

Sec. 3317.016. The amounts for limited English proficient	58332
students shall be as follows:	58333

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	58334
fiscal year 2015, for each student who has been enrolled in	58335
schools in the United States for 180 school days or less and was	58336
not previously exempted from taking the spring administration of	58337
either of the state's English language arts assessments prescribed	58338
by section 3301.0710 of the Revised Code (reading or writing).	58339

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	58340
fiscal year 2015, for each student who has been enrolled in	58341
schools in the United States for more than 180 school days or was	58342
previously exempted from taking the spring administration of	58343
either of the state's English language arts assessments prescribed	58344
by section 3301.0710 of the Revised Code (reading or writing).	58345

(C) An amount of $750, in fiscal year 2014, and $758, in	58346
fiscal year 2015, for each student who does not qualify for	58347
inclusion under division (A) or (B) of this section and is in a	58348
trial-mainstream period, as defined by the department.	58349

Sec. 3317.017. The department of education shall compute a	58350
school district's state share index as follows:	58351

(A) Calculate the district's valuation index, which equals	58352
the following quotient:	58353

(The district's three-year average valuation / the district's	58354
total ADM) / (the statewide three-year average valuation for	58355
school districts with a total ADM greater than zero / the	58356
statewide total ADM)	58357

(B) Calculate the district's median income index, which	58358
equals the following quotient:	58359

(The district's median Ohio adjusted gross income / the	58360
median of the median Ohio adjusted gross income of all districts	58361
statewide)	58362

58363

(1) If the district's median income index is less than the	58364
district's valuation index, then the district's wealth index shall	58365
be equal to [(1/3 X the district's median income index) + (2/3 X	58366
the district's valuation index)].	58367

(2) If the district's median income index is greater than or	58368
equal to the district's valuation index, then the district's	58369
wealth index shall be equal to the district's valuation index.	58370

(D) Determine the district's state share index as follows:

58371

(1) If the district's wealth index is less than or equal to	58372
0.35, then the district's state share index shall be equal to	58373
0.90.	58374

(2) If the district's wealth index is greater than 0.35 but	58375
less than or equal to 0.90, then the district's state share index	58376
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	58377
0.55]} + 0.50.	58378

(3) If the district's wealth index is greater than 0.90 but	58379
less than 1.8, then the district's state share index shall be	58380
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	58381
0.05.	58382

(4) If the district's wealth index is greater than or equal	58383
to 1.8, then the district's state share index shall be equal to	58384
0.05.	58385

(E)(1) For each school district for which the tax-exempt	58386
value of the district, as certified under division (A)(4) of	58387
section 3317.021 of the Revised Code, equals or exceeds thirty per	58388
cent of the potential value of the district, the department shall	58389
calculate the difference between the district's tax-exempt value	58390
and thirty per cent of the district's potential value. For this	58391
purpose, the "potential value" of a school district is the	58392
three-year average valuation of the district plus the tax-exempt	58393
value of the district.	58394

(2) For each school district to which division (E)(1) of this	58395
section applies, the department shall adjust the three-year	58396
average valuation used in the calculation under division (A) of	58397
this section by subtracting from it the amount calculated under	58398
division (E)(1) of this section.	58399

(F) When performing the calculations required under this	58400
section, the department shall not round to fewer than four decimal	58401
places.	58402

For purposes of these calculations for fiscal years 2014 and	58403
2015, "three-year average valuation" means the average of total	58404
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	58405
means the total ADM for fiscal year 2014; "median Ohio adjusted	58406
gross income" means the median Ohio adjusted gross income for tax	58407
year 2011; and "tax-exempt value" means the tax-exempt value for	58408
fiscal year 2014.	58409

Sec. 3317.02. As used in this chapter:

58410

(A)(1) "Category one career-technical education ADM" means	58411
the average daily membership of students receiving	58412
career-technical education services described in division (A) of	58413
section 3317.014 of the Revised Code and reported under division	58414
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	58415

(2) "Category two career-technical education ADM" means the	58416
average daily membership of students receiving career-technical	58417
education services described in division (B) of section 3317.014	58418
of the Revised Code and reported under division (B)(12) or	58419
(D)(2)(i) of section 3317.03 of the Revised Code.	58420

(3) "Category three career-technical education ADM" means the	58421
average daily membership of students receiving career-technical	58422
education services described in division (C) of section 3317.014	58423
of the Revised Code and reported under division (B)(13) or	58424
(D)(2)(j) of section 3317.03 of the Revised Code.	58425

(4) "Category four career-technical education ADM" means the	58426
average daily membership of students receiving career-technical	58427
education services described in division (D) of section 3317.014	58428
of the Revised Code and reported under division (B)(14) or	58429
(D)(2)(k) of section 3317.03 of the Revised Code.	58430

(5) "Category five career-technical education ADM" means the	58431
average daily membership of students receiving career-technical	58432
education services described in division (E) of section 3317.014	58433
of the Revised Code and reported under division (B)(15) or	58434
(D)(2)(l) of section 3317.03 of the Revised Code.	58435

(B)(1) "Category one limited English proficient ADM" means	58436
the average daily membership of limited English proficient	58437
students described in division (A) of section 3317.016 of the	58438
Revised Code and reported under division (B)(16) or (D)(2)(m) of	58439
section 3317.03 of the Revised Code.	58440

(2) "Category two limited English proficient ADM" means the	58441
average daily membership of limited English proficient students	58442
described in division (B) of section 3317.016 of the Revised Code	58443
and reported under division (B)(17) or (D)(2)(n) of section	58444
3317.03 of the Revised Code.	58445

(3) "Category three limited English proficient ADM" means the	58446
average daily membership of limited English proficient students	58447
described in division (C) of section 3317.016 of the Revised Code	58448
and reported under division (B)(18) or (D)(2)(o) of section	58449
3317.03 of the Revised Code.	58450

(C)(1) "Category one special education ADM" means the average	58451
daily membership of children with disabilities receiving special	58452
education services for the disability specified in division (A) of	58453
section 3317.013 of the Revised Code and reported under division	58454
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	58455

(2) "Category two special education ADM" means the average	58456
daily membership of children with disabilities receiving special	58457
education services for those disabilities specified in division	58458
(B) of section 3317.013 of the Revised Code and reported under	58459
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	58460
Code.	58461

(3) "Category three special education ADM" means the average	58462
daily membership of students receiving special education services	58463
for those disabilities specified in division (C) of section	58464
3317.013 of the Revised Code, and reported under division (B)(7)	58465
or (D)(2)(d) of section 3317.03 of the Revised Code.	58466

(4) "Category four special education ADM" means the average	58467
daily membership of students receiving special education services	58468
for those disabilities specified in division (D) of section	58469
3317.013 of the Revised Code and reported under division (B)(8) or	58470
(D)(2)(e) of section 3317.03 of the Revised Code.	58471

(5) "Category five special education ADM" means the average	58472
daily membership of students receiving special education services	58473
for the disabilities specified in division (E) of section 3317.013	58474
of the Revised Code and reported under division (B)(9) or	58475
(D)(2)(f) of section 3317.03 of the Revised Code.	58476

(6) "Category six special education ADM" means the average	58477
daily membership of students receiving special education services	58478
for the disabilities specified in division (F) of section 3317.013	58479
of the Revised Code and reported under division (B)(10) or	58480
(D)(2)(g) of section 3317.03 of the Revised Code.	58481

(D) "County DD board" means a county board of developmental	58482
disabilities.	58483

(E) "Economically disadvantaged index for a school district"	58484
means the square of the quotient of that district's percentage of	58485
students in its total ADM who are identified as economically	58486
disadvantaged as defined by the department of education, divided	58487
by the statewide percentage of students identified as economically	58488
disadvantaged.	58489

(F)(1) "Formula ADM" means, for a city, local, or exempted	58490
village school district, the average daily membership described in	58491
division (A) of section 3317.03 of the Revised Code, as verified	58492
by the superintendent of public instruction and adjusted if so	58493
ordered under division (K) of that section, and as further	58494
adjusted by counting only twenty per cent of the number of joint	58495
vocational school district students counted under division (A)(3)	58496
of section 3317.03 of the Revised Code.	58497

(2) "Formula ADM" means, for a joint vocational school	58498
district, the final number verified by the superintendent of	58499
public instruction, based on the number reported pursuant to	58500
division (D) of section 3317.03 of the Revised Code, as adjusted,	58501
if so ordered, under division (K) of that section.	58502

(G) "Formula amount" means $5,745, for fiscal year 2014, and	58503
$5,800, for fiscal year 2015.	58504

(H) "FTE basis" means a count of students based on full-time	58505
equivalency, in accordance with rules adopted by the department of	58506
education pursuant to section 3317.03 of the Revised Code. In	58507
adopting its rules under this division, the department shall	58508
provide for counting any student in category one, two, three,	58509
four, five, or six special education ADM or in category one, two,	58510
three, four, or five career technical education ADM in the same	58511
proportion the student is counted in formula ADM.	58512

(I) "Internet- or computer-based community school" has the	58513
same meaning as in section 3314.02 of the Revised Code.	58514

(J) "Medically fragile child" means a child to whom all of	58515
the following apply:	58516

(1) The child requires the services of a doctor of medicine	58517
or osteopathic medicine at least once a week due to the	58518
instability of the child's medical condition.	58519

(2) The child requires the services of a registered nurse on	58520
a daily basis.	58521

(3) The child is at risk of institutionalization in a	58522
hospital, skilled nursing facility, or intermediate care facility	58523
for individuals with intellectual disabilities.	58524

(K)(1) A child may be identified as having an "other health	58525
impairment-major" if the child's condition meets the definition of	58526
"other health impaired" established in rules previously adopted by	58527
the state board of education and if either of the following apply:	58528

(a) The child is identified as having a medical condition	58529
that is among those listed by the superintendent of public	58530
instruction as conditions where a substantial majority of cases	58531
fall within the definition of "medically fragile child."	58532

(b) The child is determined by the superintendent of public	58533
instruction to be a medically fragile child. A school district	58534
superintendent may petition the superintendent of public	58535
instruction for a determination that a child is a medically	58536
fragile child.	58537

(2) A child may be identified as having an "other health	58538
impairment-minor" if the child's condition meets the definition of	58539
"other health impaired" established in rules previously adopted by	58540
the state board of education but the child's condition does not	58541
meet either of the conditions specified in division (K)(1)(a) or	58542
(b) of this section.	58543

(L) "Preschool child with a disability" means a child with a	58544
disability, as defined in section 3323.01 of the Revised Code, who	58545
is at least age three but is not of compulsory school age, as	58546
defined in section 3321.01 of the Revised Code, and who is not	58547
currently enrolled in kindergarten.	58548

(M) "Preschool scholarship ADM" means the number of preschool	58549
children with disabilities reported under division (B)(3)(h) of	58550
section 3317.03 of the Revised Code.	58551

(N) "Related services" includes:

58552

(1) Child study, special education supervisors and	58553
coordinators, speech and hearing services, adaptive physical	58554
development services, occupational or physical therapy, teacher	58555
assistants for children with disabilities whose disabilities are	58556
described in division (B) of section 3317.013 or division (B)(3)	58557
of this section, behavioral intervention, interpreter services,	58558
work study, nursing services, and specialized integrative services	58559
as those terms are defined by the department;	58560

(2) Speech and language services provided to any student with	58561
a disability, including any student whose primary or only	58562
disability is a speech and language disability;	58563

(3) Any related service not specifically covered by other	58564
state funds but specified in federal law, including but not	58565
limited to, audiology and school psychological services;	58566

(4) Any service included in units funded under former	58567
division (O)(1) of section 3317.024 of the Revised Code;	58568

(5) Any other related service needed by children with	58569
disabilities in accordance with their individualized education	58570
programs.	58571

(O) "School district," unless otherwise specified, means	58572
city, local, and exempted village school districts.	58573

(P) "State education aid" has the same meaning as in section	58574
5751.20 of the Revised Code.	58575

(Q) "State share index" means the state share index	58576
calculated for a district under section 3317.017 of the Revised	58577
Code.	58578

(R) "Taxes charged and payable" means the taxes charged and	58579
payable against real and public utility property after making the	58580
reduction required by section 319.301 of the Revised Code, plus	58581
the taxes levied against tangible personal property.	58582

(S) "Total ADM" means, for a city, local, or exempted village	58583
school district, the average daily membership described in	58584
division (A) of section 3317.03 of the Revised Code, as verified	58585
by the superintendent of public instruction and adjusted if so	58586
ordered under division (K) of that section.	58587

(T) "Total special education ADM" means the sum of categories	58588
one through six special education ADM.	58589

(U) "Total taxable value" means the sum of the amounts	58590
certified for a city, local, exempted village, or joint vocational	58591
school district under divisions (A)(1) and (2) of section 3317.021	58592
of the Revised Code.	58593

Sec. 3317.021. (A) On or before the first day of June of	58594
each year, the tax commissioner shall certify to the department of	58595
education and the office of budget and management the information	58596
described in divisions (A)(1) to ~~(7)~~(5) of this section for each	58597
city, exempted village, and local school district, and the	58598
information required by divisions (A)(1) and (2) of this section	58599
for each joint vocational school district, and it shall be used,	58600
along with the information certified under division (B) of this	58601
section, in making the computations for the district under this	58602
chapter.	58603

(1) The taxable value of real and public utility real	58604
property in the school district subject to taxation in the	58605
preceding tax year, by class and by county of location.	58606

(2) The taxable value of tangible personal property,	58607
including public utility personal property, subject to taxation by	58608
the district for the preceding tax year.	58609

(3)(a) The total property tax rate and total taxes charged	58610
and payable for the current expenses for the preceding tax year	58611
and the total property tax rate and the total taxes charged and	58612
payable to a joint vocational district for the preceding tax year	58613
that are limited to or to the extent apportioned to current	58614
expenses.	58615

(b) The portion of the amount of taxes charged and payable	58616
reported for each city, local, and exempted village school	58617
district under division (A)(3)(a) of this section attributable to	58618
a joint vocational school district.	58619

(4) The value of all real and public utility real property in	58620
the school district exempted from taxation minus both of the	58621
following:	58622

(a) The value of real and public utility real property in the	58623
district owned by the United States government and used	58624
exclusively for a public purpose;	58625

(b) The value of real and public utility real property in the	58626
district exempted from taxation under Chapter 725. or 1728. or	58627
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	58628
5709.73, or 5709.78 of the Revised Code.	58629

(5) The total federal adjusted gross income of the residents	58630
of the school district, based on tax returns filed by the	58631
residents of the district, for the most recent year for which this	58632
information is available, and the median Ohio adjusted gross	58633
income of the residents of the school district determined on the	58634
basis of tax returns filed for the second preceding tax year by	58635
the residents of the district.	58636

~~(6) The sum of the school district compensation value as~~	58637
~~indicated on the list of exempted property for the preceding tax~~	58638
~~year under section 5713.08 of the Revised Code as if such property~~	58639
~~had been assessed for taxation that year and the other~~	58640
~~compensation value for the school district, minus the amounts~~	58641
~~described in divisions (A)(6)(c) to (i) of this section. The~~	58642
~~portion of school district compensation value or other~~	58643
~~compensation value attributable to an incentive district exemption~~	58644
~~may be subtracted only once even if that incentive district~~	58645
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	58646
~~(i) of this section.~~	58647

~~(a) "School district compensation value" means the aggregate~~	58648
~~value of real property in the school district exempted from~~	58649
~~taxation pursuant to an ordinance or resolution adopted under~~	58650
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	58651
~~or division (B) of section 5709.78 of the Revised Code to the~~	58652
~~extent that the exempted value results in the charging of payments~~	58653
~~in lieu of taxes required to be paid to the school district under~~	58654
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	58655
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	58656

~~(b) "Other compensation value" means the quotient that~~	58657
~~results from dividing (i) the dollar value of compensation~~	58658
~~received by the school district during the preceding tax year~~	58659
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	58660
~~Revised Code and the amounts received pursuant to an agreement as~~	58661
~~specified in division (D)(2) of section 5709.40, division (D) of~~	58662
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	58663
~~Code to the extent those amounts were not previously reported or~~	58664
~~included in division (A)(6)(a) of this section, and so that any~~	58665
~~such amount is reported only once under division (A)(6)(b) of this~~	58666
~~section, in relation to exemptions from taxation granted pursuant~~	58667
~~to an ordinance or resolution adopted under division (C) of~~	58668
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	58669
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	58670
~~tax rate in effect for the preceding tax year for~~	58671
~~nonresidential/agricultural real property after making the~~	58672
~~reductions required by section 319.301 of the Revised Code.~~	58673

~~(c) The portion of school district compensation value or~~	58674
~~other compensation value that was exempted from taxation pursuant~~	58675
~~to such an ordinance or resolution for the preceding tax year, if~~	58676
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	58677
~~and the legislative authority or board of township trustees or~~	58678
~~county commissioners, prior to January 1, 2006, executes a~~	58679
~~contract or agreement with a developer, whether for-profit or~~	58680
~~not-for-profit, with respect to the development of a project~~	58681
~~undertaken or to be undertaken and identified in the ordinance or~~	58682
~~resolution, and upon which parcels such project is being, or will~~	58683
~~be, undertaken;~~	58684

~~(d) The portion of school district compensation value that~~	58685
~~was exempted from taxation for the preceding tax year and for~~	58686
~~which payments in lieu of taxes for the preceding tax year were~~	58687
~~provided to the school district under division (D)(1) of section~~	58688
~~5709.40 of the Revised Code.~~	58689

~~(e) The portion of school district compensation value that~~	58690
~~was exempted from taxation for the preceding tax year pursuant to~~	58691
~~such an ordinance or resolution, if and to the extent that, on or~~	58692
~~before April 1, 2006, the fiscal officer of the municipal~~	58693
~~corporation that adopted the ordinance, or of the township or~~	58694
~~county that adopted the resolution, certifies and provides~~	58695
~~appropriate supporting documentation to the tax commissioner and~~	58696
~~the director of development that, based on hold-harmless~~	58697
~~provisions in any agreement between the school district and the~~	58698
~~legislative authority of the municipal corporation, board of~~	58699
~~township trustees, or board of county commissioners that was~~	58700
~~entered into on or before June 1, 2005, the ability or obligation~~	58701
~~of the municipal corporation, township, or county to repay bonds,~~	58702
~~notes, or other financial obligations issued or entered into prior~~	58703
~~to January 1, 2006, will be impaired, including obligations to or~~	58704
~~of any other body corporate and politic with whom the legislative~~	58705
~~authority of the municipal corporation or board of township~~	58706
~~trustees or county commissioners has entered into an agreement~~	58707
~~pertaining to the use of service payments derived from the~~	58708
~~improvements exempted;~~	58709

~~(f) The portion of school district compensation value that~~	58710
~~was exempted from taxation for the preceding tax year pursuant to~~	58711
~~such an ordinance or resolution, if the ordinance or resolution is~~	58712
~~adopted prior to January 1, 2006, in a municipal corporation with~~	58713
~~a population that exceeds one hundred thousand, as shown by the~~	58714
~~most recent federal decennial census, that includes a major~~	58715
~~employment center and that is adjacent to historically distressed~~	58716
~~neighborhoods, if the legislative authority of the municipal~~	58717
~~corporation that exempted the property prepares an economic~~	58718
~~analysis that demonstrates that all taxes generated within the~~	58719
~~incentive district accruing to the state by reason of improvements~~	58720
~~constructed within the district during its existence exceed the~~	58721
~~amount the state pays the school district under section 3317.022~~	58722
~~of the Revised Code attributable to such property exemption from~~	58723
~~the school district's recognized valuation. The analysis shall be~~	58724
~~submitted to and approved by the department of development prior~~	58725
~~to January 1, 2006, and the department shall not unreasonably~~	58726
~~withhold approval.~~	58727

~~(g) The portion of school district compensation value that~~	58728
~~was exempted from taxation for the preceding tax year under such~~	58729
~~an ordinance or resolution, if the ordinance or resolution is~~	58730
~~adopted prior to January 1, 2006, and if service payments have~~	58731
~~been pledged to be used for mixed-use riverfront entertainment~~	58732
~~development in any county with a population that exceeds six~~	58733
~~hundred thousand, as shown by the most recent federal decennial~~	58734
~~census;~~	58735

~~(h) The portion of school district compensation value that~~	58736
~~was exempted from taxation for the preceding tax year under such~~	58737
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	58738
~~legislative authority of a municipal corporation, board of~~	58739
~~township trustees, or board of county commissioners has pledged~~	58740
~~service payments for a designated transportation capacity project~~	58741
~~approved by the transportation review advisory council under~~	58742
~~Chapter 5512. of the Revised Code;~~	58743

~~(i) The portion of school district compensation value that~~	58744
~~was exempted from taxation for the preceding tax year under such~~	58745
~~an ordinance or resolution if the legislative authority of a~~	58746
~~municipal corporation, board of township trustees, or board of~~	58747
~~county commissioners have, by January 1, 2006, pledged proceeds~~	58748
~~for designated transportation improvement projects that involve~~	58749
~~federal funds for which the proceeds are used to meet a local~~	58750
~~share match requirement for such funding.~~	58751

~~As used in division (A)(6) of this section, "project" has the~~	58752
~~same meaning as in section 5709.40 of the Revised Code.~~	58753

~~(7) The aggregate value of real property in the school~~	58754
~~district for which an exemption from taxation is granted by an~~	58755
~~ordinance or resolution adopted on or after January 1, 2006, under~~	58756
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	58757
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	58758
~~Code, as indicated on the list of exempted property for the~~	58759
~~preceding tax year under section 5713.08 of the Revised Code and~~	58760
~~as if such property had been assessed for taxation that year,~~	58761
~~minus the product determined by multiplying (a) the aggregate~~	58762
~~value of the real property in the school district exempted from~~	58763
~~taxation for the preceding tax year under any of the chapters or~~	58764
~~sections specified in this division, by (b) a fraction, the~~	58765
~~numerator of which is the difference between (i) the amount of~~	58766
~~anticipated revenue such school district would have received for~~	58767
~~the preceding tax year if the real property exempted from taxation~~	58768
~~had not been exempted from taxation and (ii) the aggregate amount~~	58769
~~of payments in lieu of taxes on the exempt real property for the~~	58770
~~preceding tax year and other compensation received for the~~	58771
~~preceding tax year by the school district pursuant to any~~	58772
~~agreements entered into on or after January 1, 2006, under section~~	58773
~~5709.82 of the Revised Code between the school district and the~~	58774
~~legislative authority of a political subdivision that acted under~~	58775
~~the authority of a chapter or statute specified in this division,~~	58776
~~that were entered into in relation to such exemption, and the~~	58777
~~denominator of which is the amount of anticipated revenue such~~	58778
~~school district would have received in the preceding fiscal year~~	58779
~~if the real property exempted from taxation had not been exempted.~~	58780

(B) On or before the first day of May each year, the tax	58781
commissioner shall certify to the department of education and the	58782
office of budget and management the total taxable real property	58783
value of railroads and, separately, the total taxable tangible	58784
personal property value of all public utilities for the preceding	58785
tax year, by school district and by county of location.	58786

(C) If a public utility has properly and timely filed a	58787
petition for reassessment under section 5727.47 of the Revised	58788
Code with respect to an assessment issued under section 5727.23 of	58789
the Revised Code affecting taxable property apportioned by the tax	58790
commissioner to a school district, the taxable value of public	58791
utility tangible personal property included in the certification	58792
under divisions (A)(2) and (B) of this section for the school	58793
district shall include only the amount of taxable value on the	58794
basis of which the public utility paid tax for the preceding year	58795
as provided in division (B)(1) or (2) of section 5727.47 of the	58796
Revised Code.	58797

(D) If on the basis of the information certified under	58798
division (A) of this section, the department determines that any	58799
district fails in any year to meet the qualification requirement	58800
specified in division (A) of section 3317.01 of the Revised Code,	58801
the department shall immediately request the tax commissioner to	58802
determine the extent to which any school district income tax	58803
levied by the district under Chapter 5748. of the Revised Code	58804
shall be included in meeting that requirement. Within five days of	58805
receiving such a request from the department, the tax commissioner	58806
shall make the determination required by this division and report	58807
the quotient obtained under division (D)(3) of this section to the	58808
department and the office of budget and management. This quotient	58809
represents the number of mills that the department shall include	58810
in determining whether the district meets the qualification	58811
requirement of division (A) of section 3317.01 of the Revised	58812
Code.	58813

The tax commissioner shall make the determination required by	58814
this division as follows:	58815

(1) Multiply one mill times the total taxable value of the	58816
district as determined in divisions (A)(1) and (2) of this	58817
section;	58818

(2) Estimate the total amount of tax liability for the	58819
current tax year under taxes levied by Chapter 5748. of the	58820
Revised Code that are apportioned to current operating expenses of	58821
the district, excluding any income tax receipts allocated for the	58822
project cost, debt service, or maintenance set-aside associated	58823
with a state-assisted classroom facilities project as authorized	58824
by section 3318.052 of the Revised Code;	58825

(3) Divide the amount estimated under division (D)(2) of this	58826
section by the product obtained under division (D)(1) of this	58827
section.	58828

~~(E)(1) On or before June 1, 2006, and the first day of April~~	58829
~~of each year thereafter, the director of development shall report~~	58830
~~to the department of education, the tax commissioner, and the~~	58831
~~director of budget and management the total amounts of payments~~	58832
~~received by each city, local, exempted village, or joint~~	58833
~~vocational school district for the preceding tax year pursuant to~~	58834
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	58835
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	58836
~~or (D) of section 5709.82 of the Revised Code in relation to~~	58837
~~exemptions from taxation granted pursuant to an ordinance adopted~~	58838
~~by the legislative authority of a municipal corporation under~~	58839
~~division (C) of section 5709.40 of the Revised Code, or a~~	58840
~~resolution adopted by a board of township trustees or board of~~	58841
~~county commissioners under division (C) of section 5709.73 or~~	58842
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	58843
~~On or before April 1, 2006, and the first day of March of each~~	58844
~~year thereafter, the treasurer of each city, local, exempted~~	58845
~~village, or joint vocational school district that has entered into~~	58846
~~such an agreement shall report to the director of development the~~	58847
~~total amounts of such payments the district received for the~~	58848
~~preceding tax year as provided in this section. The state board of~~	58849
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	58850
~~Revised Code, may suspend or revoke the license of a treasurer~~	58851
~~found to have willfully reported erroneous, inaccurate, or~~	58852
~~incomplete data under this division.~~	58853

~~(2) On or before April 1, 2007, and the first day of April of~~	58854
~~each year thereafter, the director of development shall report to~~	58855
~~the department of education, the tax commissioner, and the~~	58856
~~director of budget and management the total amounts of payments~~	58857
~~received by each city, local, exempted village, or joint~~	58858
~~vocational school district for the preceding tax year pursuant to~~	58859
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	58860
~~in relation to exemptions from taxation granted pursuant to~~	58861
~~ordinances or resolutions adopted on or after January 1, 2006,~~	58862
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	58863
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	58864
~~Revised Code. On or before March 1, 2007, and the first day of~~	58865
~~March of each year thereafter, the treasurer of each city, local,~~	58866
~~exempted village, or joint vocational school district that has~~	58867
~~entered into such an agreement shall report to the director of~~	58868
~~development the total amounts of such payments the district~~	58869
~~received for the preceding tax year as provided by this section.~~	58870
~~The state board of education, in accordance with sections 3319.31~~	58871
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	58872
~~license of a treasurer found to have willfully reported erroneous,~~	58873
~~inaccurate, or incomplete data under this division.~~	58874

Sec. 3317.022. (A) The department of education shall compute	58875
and distribute state core foundation funding to each eligible	58876
school district for the fiscal year, using the information	58877
obtained under section 3317.021 of the Revised Code in the	58878
calendar year in which the fiscal year begins, as prescribed in	58879
the following divisions:	58880

(1) An opportunity grant calculated according to the	58881
following formula:	58882

The formula amount X (formula ADM + preschool scholarship	58883
ADM) X the district's state share index	58884

(2) Targeted assistance funds calculated under divisions (A)	58885
and (B) of section 3317.0217 of the Revised Code;	58886

(3) Additional state aid for special education and related	58887
services provided under Chapter 3323. of the Revised Code	58888
calculated as the sum of the following:	58889

(a) The district's category one special education ADM X the	58890
amount specified in division (A) of section 3317.013 of the	58891
Revised Code X the district's state share index;	58892

(b) The district's category two special education ADM X the	58893
amount specified in division (B) of section 3317.013 of the	58894
Revised Code X the district's state share index;	58895

(c) The district's category three special education ADM X the	58896
amount specified in division (C) of section 3317.013 of the	58897
Revised Code X the district's state share index;	58898

(d) The district's category four special education ADM X the	58899
amount specified in division (D) of section 3317.013 of the	58900
Revised Code X the district's state share index;	58901

(e) The district's category five special education ADM X the	58902
amount specified in division (E) of section 3317.013 of the	58903
Revised Code X the district's state share index;	58904

(f) The district's category six special education ADM X the	58905
amount specified in division (F) of section 3317.013 of the	58906
Revised Code X the district's state share index.	58907

(4) Kindergarten through third grade literacy funds	58908
calculated according to the following formula:	58909

[($125, in fiscal year 2014, or $175, in fiscal year 2015) X	58910
formula ADM for grades kindergarten through three X the district's	58911
state share index] + [($100, in fiscal year 2014, or $160, in	58912
fiscal year 2015) X formula ADM for grades kindergarten through	58913
three]	58914

For purposes of this calculation, the department shall	58915
subtract from a district's formula ADM for grades kindergarten	58916
through three the number of students reported under division	58917
(B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an	58918
internet- or computer-based community school who are in grades	58919
kindergarten through three.	58920

(5) Economically disadvantaged funds calculated according to	58921
the following formula:	58922

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	58923
(the district's economically disadvantaged index) X the number of	58924
students who are economically disadvantaged as reported under	58925
division (B)(21) of section 3317.03 of the Revised Code	58926

(6) Limited English proficiency funds calculated as the sum	58927
of the following:	58928

(a) The district's category one limited English proficient	58929
ADM X the amount specified in division (A) of section 3317.016 of	58930
the Revised Code X the district's state share index;	58931

(b) The district's category two limited English proficient	58932
ADM X the amount specified in division (B) of section 3317.016 of	58933
the Revised Code X the district's state share index;	58934

(c) The district's category three limited English proficient	58935
ADM X the amount specified in division (C) of section 3317.016 of	58936
the Revised Code X the district's state share index.	58937

(7)(a) Gifted identification funds calculated according to	58938
the following formula:	58939

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	58940

district's formula ADM	58941

(b) Gifted unit funding calculated under section 3317.051 of	58942
the Revised Code.	58943

(8) Career-technical education funds calculated as the sum of	58944
the following:	58945

(a) The district's category one career-technical education	58946
ADM X the amount specified in division (A) of section 3317.014 of	58947
the Revised Code X the district's state share index;	58948

(b) The district's category two career-technical education	58949
ADM X the amount specified in division (B) of section 3317.014 of	58950
the Revised Code X the district's state share index;	58951

(c) The district's category three career-technical education	58952
ADM X the amount specified in division (C) of section 3317.014 of	58953
the Revised Code X the district's state share index;	58954

(d) The district's category four career-technical education	58955
ADM X the amount specified in division (D) of section 3317.014 of	58956
the Revised Code X the district's state share index;	58957

(e) The district's category five career-technical education	58958
ADM X the amount specified in division (E) of section 3317.014 of	58959
the Revised Code X the district's state share index.	58960

Payment of funds under division (A)(8) of this section is	58961
subject to approval under section 3317.161 of the Revised Code.	58962

(9) Career-technical education associated services funds	58963
calculated according to the following formula:	58964

The district's state share index X the amount for career-technical	58965
education associated services specified in section 3317.014 of the	58966
Revised Code X the sum of categories one through five	58967
career-technical education ADM	58968

(B) In any fiscal year, a school district shall spend for	58969
purposes that the department designates as approved for special	58970
education and related services expenses at least the amount	58971
calculated as follows:	58972

(The formula amount X the total special education ADM) + (the	58973
district's category one special education ADM X the amount	58974
specified in division (A) of section 3317.013 of the Revised Code)	58975
+ (the district's category two special education ADM X the amount	58976
specified in division (B) of section 3317.013 of the Revised Code)	58977
+ (the district's category three special education ADM X the	58978
amount specified in division (C) of section 3317.013 of the	58979
Revised Code) + (the district's category four special education	58980
ADM X the amount specified in division (D) of section 3317.013 of	58981
the Revised Code) + (the district's category five special	58982
education ADM X the amount specified in division (E) of section	58983
3317.013 of the Revised Code) + (the district's category six	58984
special education ADM X the amount specified in division (F) of	58985
section 3317.013 of the Revised Code)	58986

The purposes approved by the department for special education	58987
expenses shall include, but shall not be limited to,	58988
identification of children with disabilities, compliance with	58989
state rules governing the education of children with disabilities	58990
and prescribing the continuum of program options for children with	58991
disabilities, provision of speech language pathology services, and	58992
the portion of the school district's overall administrative and	58993
overhead costs that are attributable to the district's special	58994
education student population.	58995

The scholarships deducted from the school district's account	58996
under sections 3310.41 and 3310.55 of the Revised Code shall be	58997
considered to be an approved special education and related	58998
services expense for the purpose of the school district's	58999
compliance with this division.	59000

(C) In any fiscal year, a school district receiving funds	59001
under division (A)(8) of this section shall spend those funds only	59002
for the purposes that the department designates as approved for	59003
career-technical education expenses. Career-technical educational	59004
expenses approved by the department shall include only expenses	59005
connected to the delivery of career-technical programming to	59006
career-technical students. The department shall require the school	59007
district to report data annually so that the department may	59008
monitor the district's compliance with the requirements regarding	59009
the manner in which funding received under division (A)(8) of this	59010
section may be spent.	59011

(D) In any fiscal year, a school district receiving funds	59012
under division (A)(9) of this section, or through a transfer of	59013
funds pursuant to division (I) of section 3317.023 of the Revised	59014
Code, shall spend those funds only for the purposes that the	59015
department designates as approved for career-technical education	59016
associated services expenses, which may include such purposes as	59017
apprenticeship coordinators, coordinators for other	59018
career-technical education services, career-technical evaluation,	59019
and other purposes designated by the department. The department	59020
may deny payment under division (A)(9) of this section to any	59021
district that the department determines is not operating those	59022
services or is using funds paid under division (A)(9) of this	59023
section, or through a transfer of funds pursuant to division (I)	59024
of section 3317.023 of the Revised Code, for other purposes.	59025

(E) All funds received under division (A)(8) of this section	59026
shall be spent in the following manner:	59027

(1) At least seventy-five per cent of the funds shall be	59028
spent on curriculum development, purchase, and implementation;	59029
instructional resources and supplies; industry-based program	59030
certification; student assessment, credentialing, and placement;	59031
curriculum specific equipment purchases and leases;	59032
career-technical student organization fees and expenses; home and	59033
agency linkages; work-based learning experiences; professional	59034
development; and other costs directly associated with	59035
career-technical education programs including development of new	59036
programs.	59037

(2) Not more than twenty-five per cent of the funds shall be	59038
used for personnel expenditures.	59039

(F) A school district shall spend the funds it receives under	59040
division (A)(5) of this section in accordance with section 3317.25	59041
of the Revised Code.	59042

Sec. 3317.023. (A) The amounts required to be paid to a	59043
district under this chapter shall be adjusted by the amount of the	59044
computations made under divisions (B) to (K) of this section.	59045

As used in this section:

59046

(1) "~~VEPD~~CTPD" means a school district or group of school	59047
districts designated by the department of education as being	59048
responsible for the planning for and provision of ~~vocational~~	59049
career-technical education services to students within the	59050
district or group. A community school established under Chapter	59051
3314. of the Revised Code or a STEM school established under	59052
Chapter 3326. of the Revised Code may be assigned to a	59053
career-technical planning district.	59054

(2) "Lead district" means a school district, including a	59055
joint vocational school district, designated by the department as	59056
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	59057
career-technical education leadership within a ~~VEPD~~CTPD composed	59058
of a group of districts and, if assigned to the CTPD, community	59059
schools and STEM schools.	59060

(B) If a local ~~school district, or a~~, city, or exempted	59061
village school district to which a governing board of an	59062
educational service center provides services pursuant to an	59063
agreement entered into under section 3313.843 of the Revised Code,	59064
deduct the amount of the payment required for the reimbursement of	59065
the governing board under that section ~~3317.11 of the Revised~~	59066
~~Code~~.	59067

(C)(1) If the district is required to pay to or entitled to	59068
receive tuition from another school district under division (C)(2)	59069
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	59070
or if the superintendent of public instruction is required to	59071
determine the correct amount of tuition and make a deduction or	59072
credit under section 3317.08 of the Revised Code, deduct and	59073
credit such amounts as provided in division (J) of section 3313.64	59074
or section 3317.08 of the Revised Code.	59075

(2) For each child for whom the district is responsible for	59076
tuition or payment under division (A)(1) of section 3317.082 or	59077
section 3323.091 of the Revised Code, deduct the amount of tuition	59078
or payment for which the district is responsible.	59079

(D) If the district has been certified by the superintendent	59080
of public instruction under section 3313.90 of the Revised Code as	59081
not in compliance with the requirements of that section, deduct an	59082
amount equal to ten per cent of the amount computed for the	59083
district under this chapter.	59084

(E) If the district has received a loan from a commercial	59085
lending institution for which payments are made by the	59086
superintendent of public instruction pursuant to division (E)(3)	59087
of section 3313.483 of the Revised Code, deduct an amount equal to	59088
such payments.	59089

(F)(1) If the district is a party to an agreement entered	59090
into under division (D), (E), or (F) of section 3311.06 or	59091
division (B) of section 3311.24 of the Revised Code and is	59092
obligated to make payments to another district under such an	59093
agreement, deduct an amount equal to such payments if the district	59094
school board notifies the department in writing that it wishes to	59095
have such payments deducted.	59096

(2) If the district is entitled to receive payments from	59097
another district that has notified the department to deduct such	59098
payments under division (F)(1) of this section, add the amount of	59099
such payments.	59100

(G) If the district is required to pay an amount of funds to	59101
a cooperative education district pursuant to a provision described	59102
by division (B)(4) of section 3311.52 or division (B)(8) of	59103
section 3311.521 of the Revised Code, deduct such amounts as	59104
provided under that provision and credit those amounts to the	59105
cooperative education district for payment to the district under	59106
division (B)(1) of section 3317.19 of the Revised Code.	59107

(H)(1) If a district is educating a student entitled to	59108
attend school in another district pursuant to a shared education	59109
contract, compact, or cooperative education agreement other than	59110
an agreement entered into pursuant to section 3313.842 of the	59111
Revised Code, credit to that educating district on an FTE basis	59112
both of the following:	59113

(a) An amount equal to the formula amount.

59114

(b) AnAny amount ~~equal to $5,732 times the state share~~	59115
~~percentage times any multiple~~ applicable to the student ~~for fiscal~~	59116
~~year 2009~~ pursuant to section 3317.013 ~~or 3317.014~~ of the Revised	59117
Code~~, as those sections existed for that fiscal year~~.	59118

(2) Deduct any amount credited pursuant to division (H)(1) of	59119
this section from amounts paid to the school district in which the	59120
student is entitled to attend school pursuant to section 3313.64	59121
or 3313.65 of the Revised Code.	59122

(3) If the district is required by a shared education	59123
contract, compact, or cooperative education agreement to make	59124
payments to an educational service center, deduct the amounts from	59125
payments to the district and add them to the amounts paid to the	59126
service center pursuant to section 3317.11 of the Revised Code.	59127

(I)(1) If a district, including a joint vocational school	59128
district, is a lead district of a ~~VEPD~~CTPD, credit to that	59129
district the following ~~amounts~~amount calculated for ~~all the~~each	59130
school ~~districts~~district within that ~~VEPD~~CTPD:	59131

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	59132
~~amount computed under division (D)(2) of section 3317.022 of the~~	59133
~~Revised Code;~~	59134

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	59135
~~following:~~	59136

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	59137

the sum of categories one	59138

~~and two vocational~~ through five career-technical education ADM	59139

(2) Deduct from each appropriate district that is not a lead	59140
district, the amount attributable to that district that is	59141
credited to a lead district under division (I)(1) of this section.	59142

(J) If the department pays a joint vocational school district	59143
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	59144
for excess costs of providing special education and related	59145
services to a student with a disability, as calculated under	59146
division ~~(G)(2)~~(C)(1) of that section, the department shall	59147
deduct the amount of that payment from the city, local, or	59148
exempted village school district that is responsible as specified	59149
in that section for the excess costs.	59150

(K)(1) If the district reports an amount of excess cost for	59151
special education services for a child under division (C) of	59152
section 3323.14 of the Revised Code, the department shall pay that	59153
amount to the district.	59154

(2) If the district reports an amount of excess cost for	59155
special education services for a child under division (C) of	59156
section 3323.14 of the Revised Code, the department shall deduct	59157
that amount from the district of residence of that child.	59158

Sec. 3317.0212. ~~The department of education shall make no~~	59159
~~payments under this section for fiscal year 2012 or 2013.~~	59160

(A) As used in this section:

59161

(1) ~~"Assigned bus" means a school bus used to transport~~	59162
~~qualifying riders.~~	59163

~~(2) "Nontraditional ridership" means the average number of~~	59164
~~qualifying riders who are enrolled in a community school~~	59165
~~established under Chapter 3314. of the Revised Code, in a STEM~~	59166
~~school established under Chapter 3326. of the Revised Code, or in~~	59167
~~a nonpublic school and are provided school bus service by a school~~	59168
~~district during the first full week of October.~~	59169

~~(3)~~ "Qualifying riders" means resident students enrolled in	59170
regular education in grades kindergarten to twelve who are	59171
provided school bus service by a school district and who live more	59172
than one mile from the school they attend, including students with	59173
dual enrollment in a joint vocational school district or a	59174
cooperative education school district, and students enrolled in a	59175
community school, STEM school, or nonpublic school.	59176

~~(4)~~(2) "Qualifying ridership" means the average number of	59177
qualifying riders who are provided school bus service by a school	59178
district during the first full week of October.	59179

~~(5)~~(3) "Rider density" means the ~~number of qualifying riders~~	59180
total ADM per square mile of a school district.	59181

~~(6)~~(4) "School bus service" means a school district's	59182
transportation of qualifying riders in any of the following types	59183
of vehicles:	59184

(a) School buses owned or leased by the district;

59185

(b) School buses operated by a private contractor hired by	59186
the district;	59187

(c) School buses operated by another school district or	59188
entity with which the district has contracted, either as part of a	59189
consortium for the provision of transportation or otherwise.	59190

(B) Not later than the fifteenth day of October each year,	59191
each city, local, and exempted village school district shall	59192
report to the department of education its qualifying ridership,	59193
~~nontraditional ridership, number of qualifying riders per assigned~~	59194
~~bus,~~ and any other information requested by the department.	59195
Subsequent adjustments to the reported numbers shall be made only	59196
in accordance with rules adopted by the department.	59197

(C) The department shall calculate the statewide	59198
transportation cost per student as follows:	59199

(1) Determine each city, local, and exempted village school	59200
district's transportation cost per student by dividing the	59201
district's total costs for school bus service in the previous	59202
fiscal year by its qualifying ridership in the previous fiscal	59203
year.	59204

(2) After excluding districts that do not provide school bus	59205
service and the ten districts with the highest transportation	59206
costs per student and the ten districts with the lowest	59207
transportation costs per student, divide the aggregate cost for	59208
school bus service for the remaining districts in the previous	59209
fiscal year by the aggregate qualifying ridership of those	59210
districts in the previous fiscal year.	59211

(D) The department shall calculate the statewide	59212
transportation cost per mile as follows:	59213

(1) Determine each city, local, and exempted village school	59214
district's transportation cost per mile by dividing the district's	59215
total costs for school bus service in the previous fiscal year by	59216
its total number of miles driven for school bus service in the	59217
previous fiscal year.	59218

(2) After excluding districts that do not provide school bus	59219
service and the ten districts with the highest transportation	59220
costs per mile and the ten districts with the lowest	59221
transportation costs per mile, divide the aggregate cost for	59222
school bus service for the remaining districts in the previous	59223
fiscal year by the aggregate miles driven for school bus service	59224
in those districts in the previous fiscal year.	59225

(E) The department shall calculate each city, local, and	59226
exempted village school district's transportation ~~base~~ payment as	59227
follows:	59228

(1) Multiply the statewide transportation cost per student by	59229
the district's qualifying ridership for the current fiscal year.	59230

(2) Multiply the statewide transportation cost per mile by	59231
the district's total number of miles driven for school bus service	59232
in the current fiscal year.	59233

(3) Multiply the greater of the amounts calculated under	59234
divisions (E)(1) and (2) of this section by the greater of sixty	59235
per cent or the district's state share ~~percentage~~index, as	59236
defined in section 3317.02 of the Revised Code.	59237

(F) ~~The department shall calculate each city, local, and~~	59238
~~exempted village school district's nontraditional ridership~~	59239
~~adjustment according to the following formula:~~	59240

~~(nontraditional ridership for the current fiscal year /~~	59241

~~qualifying ridership for the current fiscal year) X 0.1 X~~	59242

~~transportation base payment~~	59243

~~(G) If a city, local, or exempted village school district~~	59244
~~offers school bus service to all resident students who are~~	59245
~~enrolled in regular education in district schools in grades nine~~	59246
~~to twelve and who live more than one mile from the school they~~	59247
~~attend, the department shall calculate the district's high school~~	59248
~~ridership adjustment according to the following formula:~~	59249

~~0.025 X transportation base payment~~	59250

~~(H) If a city, local, or exempted village school district~~	59251
~~offers school bus service to students enrolled in grades~~	59252
~~kindergarten to eight who live more than one mile, but two miles~~	59253
~~or less, from the school they attend, the department shall~~	59254
~~calculate an additional adjustment according to the following~~	59255
~~formula:~~	59256

~~0.025 X transportation base payment~~	59257

~~(I)(1) The department annually shall establish a target~~	59258
~~number of qualifying riders per assigned bus for each city, local,~~	59259
~~and exempted village school district. The department shall use the~~	59260
~~most recently available data in establishing the target number.~~	59261
~~The target number shall be based on the statewide median number of~~	59262
~~qualifying riders per assigned bus as adjusted to reflect the~~	59263
~~district's rider density in comparison to the rider density of all~~	59264
~~other districts. The department shall post on the department's web~~	59265
~~site each district's target number of qualifying riders per~~	59266
~~assigned bus and a description of how the target number was~~	59267
~~determined.~~	59268

~~(2) The department shall determine each school district's~~	59269
~~efficiency index by dividing the district's median number of~~	59270
~~qualifying riders per assigned bus by its target number of~~	59271
~~qualifying riders per assigned bus.~~	59272

~~(3) The department shall determine each city, local, and~~	59273
~~exempted village school district's efficiency adjustment as~~	59274
~~follows:~~	59275

~~(a) If the district's efficiency index is equal to or greater~~	59276
~~than 1.5, the efficiency adjustment shall be calculated according~~	59277
~~to the following formula:~~	59278

~~0.1 X transportation base payment~~	59279

~~(b) If the district's efficiency index is less than 1.5 but~~	59280
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	59281
~~calculated according to the following formula:~~	59282

~~[(efficiency index – 1) / 5] X transportation base payment~~	59283

~~(c) If the district's efficiency index is less than 1.0, the~~	59284
~~efficiency adjustment shall be zero.~~	59285

~~(J) The department shall pay each city, local, and exempted~~	59286
~~village school district the lesser of the following:~~	59287

~~(1) The sum of the amounts calculated under divisions (E) to~~	59288
~~(H) and (I)(3) of this section;~~	59289

~~(2) The district's total costs for school bus service for the~~	59290
~~prior fiscal year.~~	59291

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	59292
section, each city, local, and exempted village district shall	59293
receive in accordance with rules adopted by the state board of	59294
education a payment for students transported by means other than	59295
school bus service and whose transportation is not funded under	59296
division (C) of section 3317.024 of the Revised Code. The rules	59297
shall include provisions for school district reporting of such	59298
students.	59299

(G)(1) In fiscal years 2014 and 2015, the department shall	59300
pay each district a pro rata portion of the amounts calculated	59301
under division (E) of this section and described in division (F)	59302
of this section, based on state appropriations.	59303

(2) In addition to the prorated payment under division (G)(1)	59304
of this section, in fiscal years 2014 and 2015, the department	59305
shall pay each school district that meets the conditions	59306
prescribed in division (G)(3) of this section an additional amount	59307
equal to the difference of (a) the amounts calculated under	59308
division (E) of this section and prescribed in division (F) of	59309
this section minus (b) that prorated payment.	59310

(3) Division (G)(2) of this section applies to each school	59311
district that meets all of the following conditions:	59312

(a) The district qualifies for the calculation of a payment	59313
under division (E) of this section because it transports students	59314
on board-owned or contractor-owned school buses.	59315

(b) The district's state share index is greater than or equal	59316
to 0.50.	59317

(c) The district's rider density is at or below the median	59318
rider density of all districts that qualify for calculation of a	59319
payment under division (E) of this section.	59320

(H) Each city, local, and exempted village school district	59321
shall report all data used to calculate funding for transportation	59322
under this section through the education management information	59323
system pursuant to section 3301.0714 of the Revised Code.	59324

Sec. 3317.0213. (A) The department of education shall compute	59325
and pay in accordance with this section additional state aid for	59326
preschool special education children to each city, local, and	59327
exempted village school district and to each institution, as	59328
defined in section 3323.091 of the Revised Code. Funding shall be	59329
provided for children who are not enrolled in kindergarten and who	59330
are under age six on the thirtieth day of September of the	59331
academic year, or on the first day of August of the academic year	59332
if the school district in which the child is enrolled has adopted	59333
a resolution under division (A)(3) of section 3321.01 of the	59334
Revised Code, but not less than age three on the first day of	59335
December of the academic year.	59336

The additional state aid shall be calculated under the	59337
following formula:	59338

($4,000 X the number of preschool special education children)	59339
+ the sum of the following:	59340

(1) The district's or institution's category one special	59341
education preschool students X the amount specified in division	59342
(A) of section 3317.013 of the Revised Code X the district's state	59343
share index X 0.50;	59344

(2) The district's or institution's category two special	59345
education preschool students X the amount specified in division	59346
(B) of section 3317.013 of the Revised Code X the district's state	59347
share index X 0.50;	59348

(3) The district's or institution's category three special	59349
education preschool students X the amount specified in division	59350
(C) of section 3317.013 of the Revised Code X the district's state	59351
share index X 0.50;	59352

(4) The district's or institution's category four special	59353
education preschool students X the amount specified in division	59354
(D) of section 3317.013 of the Revised Code X the district's state	59355
share index X 0.50;	59356

(5) The district's or institution's category five special	59357
education preschool students X the amount specified in division	59358
(E) of section 3317.013 of the Revised Code X the district's state	59359
share index X 0.50;	59360

(6) The district's or institution's category six special	59361
education preschool students X the amount specified in division	59362
(F) of section 3317.013 of the Revised Code X the district's state	59363
share index X 0.50.	59364

The special education disability categories for preschool	59365
children used in this section are the same categories prescribed	59366
in section 3317.013 of the Revised Code.	59367

As used in division (A) of this section, the state share	59368
index of a student enrolled in an institution is the state share	59369
index of the school district in which the student is entitled to	59370
attend school under section 3313.64 or 3313.65 of the Revised	59371
Code.	59372

(B) If an educational service center is providing services to	59373
preschool special education students under agreement with the	59374
city, local, or exempted village school district in which the	59375
students are entitled to attend school, that district may	59376
authorize the department to transfer funds computed under this	59377
section to the service center providing those services.	59378

(C) If a county DD board is providing services to preschool	59379
special education students under agreement with the city, local,	59380
or exempted village school district in which the students are	59381
entitled to attend school, the department shall deduct from the	59382
district's payment computed under division (A) of this section the	59383
total amount of those funds that are attributable to the students	59384
served by the county DD board and pay that amount to that board.	59385

Sec. 3317.0214. (A) The department shall compute and pay in	59386
accordance with this section additional state aid to school	59387
districts for students in categories two through six special	59388
education ADM. If a district's costs for the fiscal year for a	59389
student in its categories two through six special education ADM	59390
exceed the threshold catastrophic cost for serving the student,	59391
the district may submit to the superintendent of public	59392
instruction documentation, as prescribed by the superintendent, of	59393
all its costs for that student. Upon submission of documentation	59394
for a student of the type and in the manner prescribed, the	59395
department shall pay to the district an amount equal to the sum of	59396
the following:	59397

(1) One-half of the district's costs for the student in	59398
excess of the threshold catastrophic cost;	59399

(2) The product of one-half of the district's costs for the	59400
student in excess of the threshold catastrophic cost multiplied by	59401
the district's state share index.	59402

(B) For purposes of division (A) of this section, the	59403
threshold catastrophic cost for serving a student equals:	59404

(1) For a student in the school district's category two,	59405
three, four, or five special education ADM, twenty-seven thousand	59406
three hundred seventy-five dollars;	59407

(2) For a student in the district's category six special	59408
education ADM, thirty-two thousand eight hundred fifty dollars.	59409

(C) The district shall report under division (A) of this	59410
section, and the department shall pay for, only the costs of	59411
educational expenses and the related services provided to the	59412
student in accordance with the student's individualized education	59413
program. Any legal fees, court costs, or other costs associated	59414
with any cause of action relating to the student may not be	59415
included in the amount.	59416

Sec. 3317.0217. Payment of the amount calculated for a school	59417
district under this section shall be made under division (A) of	59418
section 3317.022 of the Revised Code.	59419

(A) The department of education shall annually compute	59420
targeted assistance funds to school districts, as follows:	59421

(1) Calculate the local wealth per pupil of each school	59422
district, which equals the following sum:	59423

(a) One-half times the quotient of (i) the district's	59424
three-year average valuation divided by (ii) its formula ADM; plus	59425

(b) One-half times the quotient of (i) the average of the	59426
total federal adjusted gross income of the school district's	59427
residents for the three years most recently reported under section	59428
3317.021 of the Revised Code divided by (ii) its formula ADM.	59429

(2) Rank all school districts in order of local wealth per	59430
pupil, from the district with the lowest local wealth per pupil to	59431
the district with the highest local wealth per pupil.	59432

(3) Compute the statewide wealth per pupil, which equals the	59433
following sum:	59434

(a) One-half times the quotient of (i) the sum of the	59435
three-year average valuations for all school districts divided by	59436
(ii) the sum of formula ADM counts for all schools districts; plus	59437

(b) One-half times the quotient of (i) the sum of the	59438
three-year average total federal adjusted gross incomes for all	59439
school districts divided by (ii) the sum of formula ADM counts for	59440
all school districts.	59441

(4) Compute each district's wealth index by dividing the	59442
statewide wealth per pupil by the district's local wealth per	59443
pupil.	59444

(5) Compute the per pupil targeted assistance for each	59445
eligible school district in accordance with the following formula:	59446

(Threshold local wealth per pupil - the district's local wealth	59447
per pupil)	59448

X target millage X the district's wealth index	59449

Where:

59450

(a) An "eligible school district" means a school district	59451
with a local wealth per pupil less than that of the school	59452
district with the 490th lowest local wealth per pupil.	59453

(b) "Threshold local wealth per pupil" means the local wealth	59454
per pupil of the school district with the 490th lowest local	59455
wealth per pupil.	59456

59457

If the result of the calculation for a school district under	59458
division (A)(5) of this section is less than zero, the district's	59459
targeted assistance shall be zero.	59460

(6) Calculate the aggregate amount to be paid as targeted	59461
assistance funds to each school district under division (A) of	59462
section 3317.022 of the Revised Code by multiplying the per pupil	59463
targeted assistance computed under division (A)(5) of this section	59464
by the district's net formula ADM.	59465

As used in this division, a district's "net formula ADM"	59466
means its formula ADM minus the number of community school	59467
students reported under division (B)(3)(d) of section 3317.03 of	59468
the Revised Code X 0.75, the number of internet- and	59469
computer-based community school students reported under division	59470
(B)(3)(e) of that section, and the number of scholarship students	59471
reported under divisions (B)(3)(f), (g), and (l) of that section.	59472

(B) The department shall annually compute supplemental	59473
targeted assistance funds to school districts, as follows:	59474

(1) Compute each district's agricultural percentage as the	59475
quotient of (a) the three-year average tax valuation of real	59476
property in the district that is classified as agricultural	59477
property divided by (b) the three-year average tax valuation of	59478
all of the real property in the district. For purposes of this	59479
computation, a district's "three-year average tax valuation" means	59480
the average of a district's tax valuation for fiscal years 2012,	59481
2013, and 2014.	59482

(2) Determine each district's agricultural targeted	59483
percentage as follows:	59484

(a) If a district's agricultural percentage is greater than	59485
or equal to 0.10, then the district's agricultural targeted	59486
percentage shall be equal to 0.40.	59487

(b) If a district's agricultural percentage is less than	59488
0.10, then the district's agricultural targeted percentage shall	59489
be equal to 4 X the district's agricultural percentage.	59490

(3) Calculate the aggregate amount to be paid as supplemental	59491
targeted assistance funds to each school district under division	59492
(A) of section 3317.022 of the Revised Code by multiplying the	59493
district's agricultural targeted percentage by the amount	59494
calculated for the district under division (A)(6) of this section.	59495

Sec. 3317.03. (A) The superintendent of each city, local,	59496
and exempted village school district ~~and of each educational~~	59497
~~service center~~ shall~~, for the schools under the superintendent's~~	59498
~~supervision,~~ certify to the state board of education on or before	59499
the fifteenth day of October in each year for the first full	59500
school week in October, and on or before the fifteenth day of	59501
February in each year for the first full school week in February,	59502
the average daily membership of students receiving services from	59503
schools under the superintendent's supervision, and the numbers of	59504
other students entitled to attend school in the district under	59505
section 3313.64 or 3313.65 of the Revised Code the superintendent	59506
is required to report under this section, so that the department	59507
of education can calculate the district's formula ADM. If a school	59508
under the superintendent's supervision is closed for one or more	59509
days during ~~that~~a week for which the average daily membership	59510
must be certified due to hazardous weather conditions or other	59511
circumstances described in ~~the first paragraph of~~ division	59512
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	59513
superintendent may apply to the superintendent of public	59514
instruction for a waiver, under which the superintendent of public	59515
instruction may exempt the district superintendent from certifying	59516
the average daily membership for that school for that week and	59517
specify an alternate week in the same month for certifying the	59518
average daily membership of that school.	59519

The average daily membership during ~~such~~a week shall consist	59520
of the sum of the following:	59521

(1) On an FTE basis, the number of students in grades	59522
kindergarten through twelve receiving any educational services	59523
from the district, except that the following categories of	59524
students shall not be included in the determination:	59525

(a) Students enrolled in adult education classes;

59526

(b) Adjacent or other district students enrolled in the	59527
district under an open enrollment policy pursuant to section	59528
3313.98 of the Revised Code;	59529

(c) Students receiving services in the district pursuant to a	59530
compact, cooperative education agreement, or a contract, but who	59531
are entitled to attend school in another district pursuant to	59532
section 3313.64 or 3313.65 of the Revised Code;	59533

(d) Students for whom tuition is payable pursuant to sections	59534
3317.081 and 3323.141 of the Revised Code;	59535

(e) Students receiving services in the district through a	59536
scholarship awarded under either section 3310.41 or sections	59537
3310.51 to 3310.64 of the Revised Code.	59538

(2) On an FTE basis, the number of students entitled to	59539
attend school in the district pursuant to section 3313.64 or	59540
3313.65 of the Revised Code, but receiving educational services in	59541
grades kindergarten through twelve from one or more of the	59542
following entities:	59543

(a) A community school pursuant to Chapter 3314. of the	59544
Revised Code, including any participation in a college pursuant to	59545
Chapter 3365. of the Revised Code while enrolled in such community	59546
school;	59547

(b) An alternative school pursuant to sections 3313.974 to	59548
3313.979 of the Revised Code as described in division (I)(2)(a) or	59549
(b) of this section;	59550

(c) A college pursuant to Chapter 3365. of the Revised Code,	59551
except when the student is enrolled in the college while also	59552
enrolled in a community school pursuant to Chapter 3314. or a	59553
science, technology, engineering, and mathematics school	59554
established under Chapter 3326. of the Revised Code;	59555

(d) An adjacent or other school district under an open	59556
enrollment policy adopted pursuant to section 3313.98 of the	59557
Revised Code;	59558

(e) An educational service center or cooperative education	59559
district;	59560

(f) Another school district under a cooperative education	59561
agreement, compact, or contract;	59562

(g) A chartered nonpublic school with a scholarship paid	59563
under section 3310.08 of the Revised Code, if the students	59564
qualified for the scholarship under section 3310.03 of the Revised	59565
Code;	59566

(h) An alternative public provider or a registered private	59567
provider with a scholarship awarded under either section 3310.41	59568
or sections 3310.51 to 3310.64 of the Revised Code.	59569

As used in this section, "alternative public provider" and	59570
"registered private provider" have the same meanings as in section	59571
3310.41 or 3310.51 of the Revised Code, as applicable.	59572

(i) A science, technology, engineering, and mathematics	59573
school established under Chapter 3326. of the Revised Code,	59574
including any participation in a college pursuant to Chapter 3365.	59575
of the Revised Code while enrolled in the school;	59576

(j) A college-preparatory boarding school established under	59577
Chapter 3328. of the Revised Code.	59578

(3) The number of students enrolled in a joint vocational	59579
school district or under a ~~vocational~~career-technical education	59580
compact, excluding any students entitled to attend school in the	59581
district under section 3313.64 or 3313.65 of the Revised Code who	59582
are enrolled in another school district through an open enrollment	59583
policy as reported under division (A)(2)(d) of this section and	59584
then enroll in a joint vocational school district or under a	59585
~~vocational~~career-technical education compact;	59586

~~(4) The number of children with disabilities, other than~~	59587
~~preschool children with disabilities, entitled to attend school in~~	59588
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	59589
~~Code who are placed by the district with a county DD board, minus~~	59590
~~the number of such children placed with a county DD board in~~	59591
~~fiscal year 1998. If this calculation produces a negative number,~~	59592
~~the number reported under division (A)(4) of this section shall be~~	59593
~~zero~~.	59594

(B) To enable the department of education to obtain the data	59595
needed to complete the calculation of payments pursuant to this	59596
chapter, in addition to the average daily membership, each	59597
superintendent shall report separately the following student	59598
counts for the same ~~week~~weeks for which average daily membership	59599
is certified:	59600

(1) The total average daily membership in regular learning	59601
day classes included in the report under division (A)(1) or (2) of	59602
this section for each of the individual grades kindergarten	59603
through twelve in schools under the superintendent's supervision;	59604

(2) The number of all preschool children with disabilities	59605
enrolled as of the first day of December in classes in the	59606
district ~~that are~~for whom the district is eligible ~~for approval~~	59607
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	59608
of the Revised Code and the number of those classes, which shall	59609
be reported not later than the fifteenth day of December, in	59610
accordance with ~~rules adopted under that~~the disability categories	59611
prescribed in section 3317.013 of the Revised Code;	59612

(3) The number of children entitled to attend school in the	59613
district pursuant to section 3313.64 or 3313.65 of the Revised	59614
Code who are:	59615

(a) Participating in a pilot project scholarship program	59616
established under sections 3313.974 to 3313.979 of the Revised	59617
Code as described in division (I)(2)(a) or (b) of this section;	59618

(b) Enrolled in a college under Chapter 3365. of the Revised	59619
Code, except when the student is enrolled in the college while	59620
also enrolled in a community school pursuant to Chapter 3314. or a	59621
science, technology, engineering, and mathematics school	59622
established under Chapter 3326. of the Revised Code;	59623

(c) Enrolled in an adjacent or other school district under	59624
section 3313.98 of the Revised Code;	59625

(d) Enrolled in a community school established under Chapter	59626
3314. of the Revised Code that is not an internet- or	59627
computer-based community school as defined in section 3314.02 of	59628
the Revised Code, including any participation in a college	59629
pursuant to Chapter 3365. of the Revised Code while enrolled in	59630
such community school;	59631

(e) Enrolled in an internet- or computer-based community	59632
school, as defined in section 3314.02 of the Revised Code,	59633
including any participation in a college pursuant to Chapter 3365.	59634
of the Revised Code while enrolled in the school;	59635

(f) Enrolled in a chartered nonpublic school with a	59636
scholarship paid under section 3310.08 of the Revised Code and who	59637
qualified for the scholarship under section 3310.03 of the Revised	59638
Code;	59639

(g) Enrolled in kindergarten through grade twelve in an	59640
alternative public provider or a registered private provider with	59641
a scholarship awarded under section 3310.41 of the Revised Code;	59642

(h) Enrolled as a preschool child with a disability in an	59643
alternative public provider or a registered private provider with	59644
a scholarship awarded under section 3310.41 of the Revised Code;	59645

(i) Participating in a program operated by a county DD board	59646
or a state institution;	59647

(j) Enrolled in a science, technology, engineering, and	59648
mathematics school established under Chapter 3326. of the Revised	59649
Code, including any participation in a college pursuant to Chapter	59650
3365. of the Revised Code while enrolled in the school;	59651

(k) Enrolled in a college-preparatory boarding school	59652
established under Chapter 3328. of the Revised Code;	59653

(l) Enrolled in an alternative public provider or a	59654
registered private provider with a scholarship awarded under	59655
sections 3310.51 to 3310.64 of the Revised Code.	59656

(4) The number of pupils enrolled in joint vocational	59657
schools;	59658

(5) The combined average daily membership of children with	59659
disabilities reported under division (A)(1) or (2) of this section	59660
receiving special education services for the category one	59661
disability described in division (A) of section 3317.013 of the	59662
Revised Code, including children attending a special education	59663
program operated by an alternative public provider or a registered	59664
private provider with a scholarship awarded under sections 3310.51	59665
to 3310.64 of the Revised Code;	59666

(6) The combined average daily membership of children with	59667
disabilities reported under division (A)(1) or (2) of this section	59668
receiving special education services for category two disabilities	59669
described in division (B) of section 3317.013 of the Revised Code,	59670
including children attending a special education program operated	59671
by an alternative public provider or a registered private provider	59672
with a scholarship awarded under sections 3310.51 to 3310.64 of	59673
the Revised Code;	59674

(7) The combined average daily membership of children with	59675
disabilities reported under division (A)(1) or (2) of this section	59676
receiving special education services for category three	59677
disabilities described in division (C) of section 3317.013 of the	59678
Revised Code, including children attending a special education	59679
program operated by an alternative public provider or a registered	59680
private provider with a scholarship awarded under sections 3310.51	59681
to 3310.64 of the Revised Code;	59682

(8) The combined average daily membership of children with	59683
disabilities reported under division (A)(1) or (2) of this section	59684
receiving special education services for category four	59685
disabilities described in division (D) of section 3317.013 of the	59686
Revised Code, including children attending a special education	59687
program operated by an alternative public provider or a registered	59688
private provider with a scholarship awarded under sections 3310.51	59689
to 3310.64 of the Revised Code;	59690

(9) The combined average daily membership of children with	59691
disabilities reported under division (A)(1) or (2) of this section	59692
receiving special education services for the category five	59693
disabilities described in division (E) of section 3317.013 of the	59694
Revised Code, including children attending a special education	59695
program operated by an alternative public provider or a registered	59696
private provider with a scholarship awarded under sections 3310.51	59697
to 3310.64 of the Revised Code;	59698

(10) The combined average daily membership of children with	59699
disabilities reported under division (A)(1) or (2) and under	59700
division (B)(3)(h) of this section receiving special education	59701
services for category six disabilities described in division (F)	59702
of section 3317.013 of the Revised Code, including children	59703
attending a special education program operated by an alternative	59704
public provider or a registered private provider with a	59705
scholarship awarded under either section 3310.41 or sections	59706
3310.51 to 3310.64 of the Revised Code;	59707

(11) The average daily membership of pupils reported under	59708
division (A)(1) or (2) of this section enrolled in category one	59709
~~vocational~~career-technical education programs or classes,	59710
described in division (A) of section 3317.014 of the Revised Code,	59711
operated by the school district or by another district that is a	59712
member of the district's career-technical planning district, other	59713
than a joint vocational school district, or by an educational	59714
service center, ~~excluding any student reported under division~~	59715
~~(B)(3)(e) of this section as enrolled in an internet- or~~	59716
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59717
of section 3317.02 of the Revised Code and division (C)(3) of this	59718
section;	59719

(12) The average daily membership of pupils reported under	59720
division (A)(1) or (2) of this section enrolled in category two	59721
~~vocational~~career-technical education programs or services,	59722
described in division (B) of section 3317.014 of the Revised Code,	59723
operated by the school district or another school district that is	59724
a member of the district's career-technical planning district,	59725
other than a joint vocational school district, or by an	59726
educational service center, ~~excluding any student reported under~~	59727
~~division (B)(3)(e) of this section as enrolled in an internet- or~~	59728
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59729
of section 3317.02 of the Revised Code and division (C)(3) of this	59730
section;	59731

~~Beginning with fiscal year 2010, vocational education ADM~~	59732
~~shall not be used to calculate a district's funding but shall be~~	59733
~~reported under divisions (B)(11) and (12) of this section for~~	59734
~~statistical purposes.~~	59735

(13) The average daily membership of pupils reported under	59736
division (A)(1) or (2) of this section enrolled in category three	59737
career-technical education programs or services, described in	59738
division (C) of section 3317.014 of the Revised Code, operated by	59739
the school district or another school district that is a member of	59740
the district's career-technical planning district, other than a	59741
joint vocational school district, or by an educational service	59742
center, notwithstanding division (H) of section 3317.02 of the	59743
Revised Code and division (C)(3) of this section;	59744

(14) The average daily membership of pupils reported under	59745
division (A)(1) or (2) of this section enrolled in category four	59746
career-technical education programs or services, described in	59747
division (D) of section 3317.014 of the Revised Code, operated by	59748
the school district or another school district that is a member of	59749
the district's career-technical planning district, other than a	59750
joint vocational school district, or by an educational service	59751
center, notwithstanding division (H) of section 3317.02 of the	59752
Revised Code and division (C)(3) of this section;	59753

(15) The average daily membership of pupils reported under	59754
division (A)(1) or (2) of this section enrolled in category five	59755
career-technical education programs or services, described in	59756
division (E) of section 3317.014 of the Revised Code, operated by	59757
the school district or another school district that is a member of	59758
the district's career-technical planning district, other than a	59759
joint vocational school district, or by an educational service	59760
center, notwithstanding division (H) of section 3317.02 of the	59761
Revised Code and division (C)(3) of this section;	59762

(16) The average daily membership of pupils reported under	59763
division (A)(1) or (2) of this section who are limited English	59764
proficient students described in division (A) of section 3317.016	59765
of the Revised Code, excluding any student reported under division	59766
(B)(3)(e) of this section as enrolled in an internet- or	59767
computer-based community school;	59768

(17) The average daily membership of pupils reported under	59769
division (A)(1) or (2) of this section who are limited English	59770
proficient students described in division (B) of section 3317.016	59771
of the Revised Code, excluding any student reported under division	59772
(B)(3)(e) of this section as enrolled in an internet- or	59773
computer-based community school;	59774

(18) The average daily membership of pupils reported under	59775
division (A)(1) or (2) of this section who are limited English	59776
proficient students described in division (C) of section 3317.016	59777
of the Revised Code, excluding any student reported under division	59778
(B)(3)(e) of this section as enrolled in an internet- or	59779
computer-based community school;	59780

(19) The average number of children transported by the school	59781
district on board-owned or contractor-owned and -operated buses,	59782
reported in accordance with rules adopted by the department of	59783
education;	59784

~~(14)~~(20)(a) The number of children, other than preschool	59785
children with disabilities, the district placed with a county DD	59786
board in fiscal year 1998;. Division (B)(20)(a) of this section	59787
does not apply after fiscal year 2013.	59788

(b) The number of children with disabilities, other than	59789
preschool children with disabilities, placed with a county DD	59790
board in the current fiscal year to receive special education	59791
services for the category one disability described in division (A)	59792
of section 3317.013 of the Revised Code;	59793

(c) The number of children with disabilities, other than	59794
preschool children with disabilities, placed with a county DD	59795
board in the current fiscal year to receive special education	59796
services for category two disabilities described in division (B)	59797
of section 3317.013 of the Revised Code;	59798

(d) The number of children with disabilities, other than	59799
preschool children with disabilities, placed with a county DD	59800
board in the current fiscal year to receive special education	59801
services for category three disabilities described in division (C)	59802
of section 3317.013 of the Revised Code;	59803

(e) The number of children with disabilities, other than	59804
preschool children with disabilities, placed with a county DD	59805
board in the current fiscal year to receive special education	59806
services for category four disabilities described in division (D)	59807
of section 3317.013 of the Revised Code;	59808

(f) The number of children with disabilities, other than	59809
preschool children with disabilities, placed with a county DD	59810
board in the current fiscal year to receive special education	59811
services for the category five disabilities described in division	59812
(E) of section 3317.013 of the Revised Code;	59813

(g) The number of children with disabilities, other than	59814
preschool children with disabilities, placed with a county DD	59815
board in the current fiscal year to receive special education	59816
services for category six disabilities described in division (F)	59817
of section 3317.013 of the Revised Code.	59818

(21) The number of students who are economically	59819
disadvantaged, as defined by the department, excluding any student	59820
reported under division (B)(3)(e) of this section as enrolled in	59821
an internet- or computer-based community school. A student shall	59822
not be categorically excluded from the number reported under	59823
division (B)(21) of this section based on anything other than	59824
family income.	59825

(C)(1) The average daily membership in divisions (B)(1) to	59826
(12) of this section shall be based upon the number of full-time	59827
equivalent students. The state board of education shall adopt	59828
rules defining full-time equivalent students and for determining	59829
the average daily membership therefrom for the purposes of	59830
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	59831
~~in kindergarten shall be counted as one full-time equivalent~~	59832
~~student regardless of whether the student is enrolled in a~~	59833
~~part-day or all-day kindergarten class.~~	59834

(2) A student enrolled in a community school established	59835
under Chapter 3314., a science, technology, engineering, and	59836
mathematics school established under Chapter 3326., or a	59837
college-preparatory boarding school established under Chapter	59838
3328. of the Revised Code shall be counted in the formula ADM and,	59839
if applicable, the category one, two, three, four, five, or six	59840
special education ADM of the school district in which the student	59841
is entitled to attend school under section 3313.64 or 3313.65 of	59842
the Revised Code for the same proportion of the school year that	59843
the student is counted in the enrollment of the community school,	59844
the science, technology, engineering, and mathematics school, or	59845
the college-preparatory boarding school for purposes of section	59846
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	59847
the number of students reported pursuant to division (B)(3)(d),	59848
(e), (j), or (k) of this section, the department may adjust the	59849
formula ADM of a school district to account for students entitled	59850
to attend school in the district under section 3313.64 or 3313.65	59851
of the Revised Code who are enrolled in a community school, a	59852
science, technology, engineering, and mathematics school, or a	59853
college-preparatory boarding school for only a portion of the	59854
school year.	59855

(3) No child shall be counted as more than a total of one	59856
child in the sum of the average daily memberships of a school	59857
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	59858
division (D) of this section, except as follows:	59859

(a) A child with a disability described in section 3317.013	59860
of the Revised Code may be counted both in formula ADM and in	59861
category one, two, three, four, five, or six special education ADM	59862
and, if applicable, in category one or, two ~~vocational~~, three,	59863
four, or five career-technical education ADM. As provided in	59864
division ~~(C)~~(H) of section 3317.02 of the Revised Code, such a	59865
child shall be counted in category one, two, three, four, five, or	59866
six special education ADM in the same proportion that the child is	59867
counted in formula ADM.	59868

(b) A child enrolled in ~~vocational~~career-technical education	59869
programs or classes described in section 3317.014 of the Revised	59870
Code may be counted both in formula ADM and category one or, two	59871
~~vocational~~, three, four, or five career-technical education ADM	59872
and, if applicable, in category one, two, three, four, five, or	59873
six special education ADM. Such a child shall be counted in	59874
category one or, two ~~vocational~~, three, four, or five	59875
career-technical education ADM in the same proportion as the	59876
percentage of time that the child spends in the ~~vocational~~	59877
career-technical education programs or classes.	59878

(4) Based on the information reported under this section, the	59879
department of education shall determine the total student count,	59880
as defined in section 3301.011 of the Revised Code, for each	59881
school district.	59882

(D)(1) The superintendent of each joint vocational school	59883
district shall certify to the superintendent of public instruction	59884
on or before the fifteenth day of October in each year for the	59885
first full school week in October ~~the formula ADM, for purposes of~~	59886
~~section 3318.42 of the Revised Code and for any other purpose~~	59887
~~prescribed by law for which "formula ADM" of the joint vocational~~	59888
~~district is a factor~~, and on or before the fifteenth day of	59889
February in each year for the first full school week in February,	59890
the average daily membership. If a school operated by the joint	59891
vocational school district is closed for one or more days during	59892
~~that~~a week for which the average daily membership must be	59893
certified due to hazardous weather conditions or other	59894
circumstances described in ~~the first paragraph of~~ division	59895
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	59896
superintendent may apply to the superintendent of public	59897
instruction for a waiver, under which the superintendent of public	59898
instruction may exempt the district superintendent from certifying	59899
the ~~formula ADM~~average daily membership for that school for that	59900
week and specify an alternate week in the same month for	59901
certifying the ~~formula ADM~~average daily membership of that	59902
school.	59903

The ~~formula ADM~~average daily membership, except as otherwise	59904
provided in this division, shall consist of the average daily	59905
membership during ~~such~~a week, on an FTE basis, of the number of	59906
students receiving any educational services from the district,	59907
including students enrolled in a community school established	59908
under Chapter 3314. or a science, technology, engineering, and	59909
mathematics school established under Chapter 3326. of the Revised	59910
Code who are attending the joint vocational district ~~under an~~	59911
~~agreement between the district board of education and the~~	59912
~~governing authority of the community school or the governing body~~	59913
~~of the science, technology, engineering, and mathematics school~~	59914
and are entitled to attend school in a city, local, or exempted	59915
village school district whose territory is part of the territory	59916
of the joint vocational district.	59917

The following categories of students shall not be included in	59918
the determination made under division (D)(1) of this section:	59919

(a) Students enrolled in adult education classes;

59920

(b) Adjacent or other district joint vocational students	59921
enrolled in the district under an open enrollment policy pursuant	59922
to section 3313.98 of the Revised Code;	59923

(c) Students receiving services in the district pursuant to a	59924
compact, cooperative education agreement, or a contract, but who	59925
are entitled to attend school in a city, local, or exempted	59926
village school district whose territory is not part of the	59927
territory of the joint vocational district;	59928

(d) Students for whom tuition is payable pursuant to sections	59929
3317.081 and 3323.141 of the Revised Code.	59930

(2) To enable the department of education to obtain the data	59931
needed to complete the calculation of payments pursuant to this	59932
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	59933
report separately the average daily membership included in the	59934
report under division (D)(1) of this section for each of the	59935
following categories of students for each of the ~~same week~~weeks	59936
for which ~~formula~~ ADM is certified:	59937

(a) Students enrolled in each individual grade included in	59938
the joint vocational district schools;	59939

(b) Children with disabilities receiving special education	59940
services for the category one disability described in division (A)	59941
of section 3317.013 of the Revised Code;	59942

(c) Children with disabilities receiving special education	59943
services for the category two disabilities described in division	59944
(B) of section 3317.013 of the Revised Code;	59945

(d) Children with disabilities receiving special education	59946
services for category three disabilities described in division (C)	59947
of section 3317.013 of the Revised Code;	59948

(e) Children with disabilities receiving special education	59949
services for category four disabilities described in division (D)	59950
of section 3317.013 of the Revised Code;	59951

(f) Children with disabilities receiving special education	59952
services for the category five disabilities described in division	59953
(E) of section 3317.013 of the Revised Code;	59954

(g) Children with disabilities receiving special education	59955
services for category six disabilities described in division (F)	59956
of section 3317.013 of the Revised Code;	59957

(h) Students receiving category one ~~vocational~~	59958
career-technical education services, described in division (A) of	59959
section 3317.014 of the Revised Code;	59960

(i) Students receiving category two ~~vocational~~	59961
career-technical education services, described in division (B) of	59962
section 3317.014 of the Revised Code;	59963

(j) Students receiving category three career-technical	59964
education services, described in division (C) of section 3317.014	59965
of the Revised Code;	59966

(k) Students receiving category four career-technical	59967
education services, described in division (D) of section 3317.014	59968
of the Revised Code;	59969

(l) Students receiving category five career-technical	59970
education services, described in division (E) of section 3317.014	59971
of the Revised Code;	59972

(m) Limited English proficient students described in division	59973
(A) of section 3317.016 of the Revised Code;	59974

(n) Limited English proficient students described in division	59975
(B) of section 3317.016 of the Revised Code;	59976

(o) Limited English proficient students described in division	59977
(C) of section 3317.016 of the Revised Code;	59978

(p) Students who are economically disadvantaged, as defined	59979
by the department. A student shall not be categorically excluded	59980
from the number reported under division (D)(2)(p) of this section	59981
based on anything other than family income.	59982

The superintendent of each joint vocational school district	59983
shall also indicate the city, local, or exempted village school	59984
district in which each joint vocational district pupil is entitled	59985
to attend school pursuant to section 3313.64 or 3313.65 of the	59986
Revised Code.	59987

(E) In each school of each city, local, exempted village,	59988
joint vocational, and cooperative education school district there	59989
shall be maintained a record of school membership, which record	59990
shall accurately show, for each day the school is in session, the	59991
actual membership enrolled in regular day classes. For the purpose	59992
of determining average daily membership, the membership figure of	59993
any school shall not include any pupils except those pupils	59994
described by division (A) of this section. The record of	59995
membership for each school shall be maintained in such manner that	59996
no pupil shall be counted as in membership prior to the actual	59997
date of entry in the school and also in such manner that where for	59998
any cause a pupil permanently withdraws from the school that pupil	59999
shall not be counted as in membership from and after the date of	60000
such withdrawal. There shall not be included in the membership of	60001
any school any of the following:	60002

(1) Any pupil who has graduated from the twelfth grade of a	60003
public or nonpublic high school;	60004

(2) Any pupil who is not a resident of the state;

60005

(3) Any pupil who was enrolled in the schools of the district	60006
during the previous school year when assessments were administered	60007
under section 3301.0711 of the Revised Code but did not take one	60008
or more of the assessments required by that section and was not	60009
excused pursuant to division (C)(1) or (3) of that section;	60010

(4) Any pupil who has attained the age of twenty-two years,	60011
except for veterans of the armed services whose attendance was	60012
interrupted before completing the recognized twelve-year course of	60013
the public schools by reason of induction or enlistment in the	60014
armed forces and who apply for reenrollment in the public school	60015
system of their residence not later than four years after	60016
termination of war or their honorable discharge.	60017

If, however, any veteran described by division (E)(4) of this	60018
section elects to enroll in special courses organized for veterans	60019
for whom tuition is paid under the provisions of federal laws, or	60020
otherwise, that veteran shall not be included in average daily	60021
membership.	60022

Notwithstanding division (E)(3) of this section, the	60023
membership of any school may include a pupil who did not take an	60024
assessment required by section 3301.0711 of the Revised Code if	60025
the superintendent of public instruction grants a waiver from the	60026
requirement to take the assessment to the specific pupil and a	60027
parent is not paying tuition for the pupil pursuant to section	60028
3313.6410 of the Revised Code. The superintendent may grant such a	60029
waiver only for good cause in accordance with rules adopted by the	60030
state board of education.	60031

Except as provided in divisions (B)(2) and (F) of this	60032
section, the average daily membership figure of any local, city,	60033
exempted village, or joint vocational school district shall be	60034
determined by dividing the figure representing the sum of the	60035
number of pupils enrolled during each day the school of attendance	60036
is actually open for instruction during the week for which the	60037
average daily membership is being certified by the total number of	60038
days the school was actually open for instruction during that	60039
week. For purposes of state funding, "enrolled" persons are only	60040
those pupils who are attending school, those who have attended	60041
school during the current school year and are absent for	60042
authorized reasons, and those children with disabilities currently	60043
receiving home instruction.	60044

The average daily membership figure of any cooperative	60045
education school district shall be determined in accordance with	60046
rules adopted by the state board of education.	60047

(F)(1) ~~If the formula ADM for the first full school week in~~	60048
~~February is at least three per cent greater than that certified~~	60049
~~for the first full school week in the preceding October, the~~	60050
~~superintendent of schools of any city, exempted village, or joint~~	60051
~~vocational school district or educational service center shall~~	60052
~~certify such increase to the superintendent of public instruction.~~	60053
~~Such certification shall be submitted no later than the fifteenth~~	60054
~~day of February. For the balance of the fiscal year, beginning~~	60055
~~with the February payments, the superintendent of public~~	60056
~~instruction shall use the increased formula ADM in calculating or~~	60057
~~recalculating the amounts to be allocated in accordance with~~	60058
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	60059
~~the superintendent use an increased membership certified to the~~	60060
~~superintendent after the fifteenth day of February. Division~~	60061
~~(F)(1) of this section does not apply after fiscal year 2006.~~	60062

~~(2) If on the first school day of April the total number of~~	60063
~~classes or units for preschool children with disabilities that are~~	60064
~~eligible for approval under division (B) of section 3317.05 of the~~	60065
~~Revised Code exceeds the number of units that have been approved~~	60066
~~for the year under that division, the superintendent of schools of~~	60067
~~any city, exempted village, or cooperative education school~~	60068
~~district or educational service center shall make the~~	60069
~~certifications required by this section for that day. If the~~	60070
~~department determines additional units can be approved for the~~	60071
~~fiscal year within any limitations set forth in the acts~~	60072
~~appropriating moneys for the funding of such units, the department~~	60073
~~shall approve additional units for the fiscal year on the basis of~~	60074
~~such average daily membership. For each unit so approved, the~~	60075
~~department shall pay an amount computed in the manner prescribed~~	60076
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	60077
~~Code.~~	60078

~~(3)~~ If a student attending a community school under Chapter	60079
3314., a science, technology, engineering, and mathematics school	60080
established under Chapter 3326., or a college-preparatory boarding	60081
school established under Chapter 3328. of the Revised Code is not	60082
included in the formula ADM certified for the school district in	60083
which the student is entitled to attend school under section	60084
3313.64 or 3313.65 of the Revised Code, the department of	60085
education shall adjust the formula ADM of that school district to	60086
include the student in accordance with division (C)(2) of this	60087
section, and shall recalculate the school district's payments	60088
under this chapter for the entire fiscal year on the basis of that	60089
adjusted formula ADM. This requirement applies regardless of	60090
whether the student was enrolled, as defined in division (E) of	60091
this section, in the community school, the science, technology,	60092
engineering, and mathematics school, or the college-preparatory	60093
boarding school during the ~~week~~weeks for which the formula ADM is	60094
being certified.	60095

~~(4)~~(2) If a student awarded an educational choice scholarship	60096
is not included in the formula ADM of the school district from	60097
which the department deducts funds for the scholarship under	60098
section 3310.08 of the Revised Code, the department shall adjust	60099
the formula ADM of that school district to include the student to	60100
the extent necessary to account for the deduction, and shall	60101
recalculate the school district's payments under this chapter for	60102
the entire fiscal year on the basis of that adjusted formula ADM.	60103
This requirement applies regardless of whether the student was	60104
enrolled, as defined in division (E) of this section, in the	60105
chartered nonpublic school, the school district, or a community	60106
school during the ~~week~~weeks for which the formula ADM is being	60107
certified.	60108

~~(5)~~(3) If a student awarded a scholarship under the Jon	60109
Peterson special needs scholarship program is not included in the	60110
formula ADM of the school district from which the department	60111
deducts funds for the scholarship under section 3310.55 of the	60112
Revised Code, the department shall adjust the formula ADM of that	60113
school district to include the student to the extent necessary to	60114
account for the deduction, and shall recalculate the school	60115
district's payments under this chapter for the entire fiscal year	60116
on the basis of that adjusted formula ADM. This requirement	60117
applies regardless of whether the student was enrolled, as defined	60118
in division (E) of this section, in an alternative public	60119
provider, a registered private provider, or the school district	60120
during the ~~week~~weeks for which the formula ADM is being	60121
certified.	60122

(G)(1)(a) The superintendent of an institution operating a	60123
special education program pursuant to section 3323.091 of the	60124
Revised Code shall, for the programs under such superintendent's	60125
supervision, certify to the state board of education, in the	60126
manner prescribed by the superintendent of public instruction,	60127
both of the following:	60128

(i) The average daily membership of all children with	60129
disabilities other than preschool children with disabilities	60130
receiving services at the institution for each category of	60131
disability described in divisions (A) to (F) of section 3317.013	60132
of the Revised Code;	60133

(ii) The average daily membership of all preschool children	60134
with disabilities in classes or programs ~~approved annually by the~~	60135
~~department of education for unit~~for whom the district is eligible	60136
to receive funding under section ~~3317.05~~3317.0213 of the Revised	60137
Code, reported according to the categories prescribed in section	60138
3317.013 of the Revised Code.	60139

(b) The superintendent of an institution with ~~vocational~~	60140
career-technical education units approved under ~~division (A) of~~	60141
section 3317.05 of the Revised Code shall, for the units under the	60142
superintendent's supervision, certify to the state board of	60143
education the average daily membership in those units, in the	60144
manner prescribed by the superintendent of public instruction.	60145

(2) The superintendent of each county DD board that maintains	60146
special education classes under section 3317.20 of the Revised	60147
Code or ~~units approved~~provides services to preschool children	60148
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	60149
an agreement between the DD board and the appropriate school	60150
district shall do both of the following:	60151

(a) Certify to the state board, in the manner prescribed by	60152
the board, the average daily membership in classes under section	60153
3317.20 of the Revised Code for each school district that has	60154
placed children in the classes;	60155

(b) Certify to the state board, in the manner prescribed by	60156
the board, the number of all preschool children with disabilities	60157
enrolled as of the first day of December in classes for which the	60158
DD board is eligible ~~for approval~~to receive funding under	60159
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	60160
reported according to the categories prescribed in section	60161
3317.013 of the Revised Code, and the number of those classes.	60162

~~(3)(a) If on the first school day of April the number of~~	60163
~~classes or units maintained for preschool children with~~	60164
~~disabilities by the county DD board that are eligible for approval~~	60165
~~under division (B) of section 3317.05 of the Revised Code is~~	60166
~~greater than the number of units approved for the year under that~~	60167
~~division, the superintendent shall make the certification required~~	60168
~~by this section for that day.~~	60169

~~(b) If the department determines that additional classes or~~	60170
~~units can be approved for the fiscal year within any limitations~~	60171
~~set forth in the acts appropriating moneys for the funding of the~~	60172
~~classes and units described in division (G)(3)(a) of this section,~~	60173
~~the department shall approve and fund additional units for the~~	60174
~~fiscal year on the basis of such average daily membership. For~~	60175
~~each unit so approved, the department shall pay an amount computed~~	60176
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	60177
~~Revised Code.~~	60178

(H) Except as provided in division (I) of this section, when	60179
any city, local, or exempted village school district provides	60180
instruction for a nonresident pupil whose attendance is	60181
unauthorized attendance as defined in section 3327.06 of the	60182
Revised Code, that pupil's membership shall not be included in	60183
that district's membership figure used in the calculation of that	60184
district's formula ADM or included in the determination of any	60185
~~unit~~funding approved for the district under section ~~3317.05~~	60186
3317.0213 of the Revised Code. The reporting official shall report	60187
separately the average daily membership of all pupils whose	60188
attendance in the district is unauthorized attendance, and the	60189
membership of each such pupil shall be credited to the school	60190
district in which the pupil is entitled to attend school under	60191
division (B) of section 3313.64 or section 3313.65 of the Revised	60192
Code as determined by the department of education.	60193

(I)(1) A city, local, exempted village, or joint vocational	60194
school district admitting a scholarship student of a pilot project	60195
district pursuant to division (C) of section 3313.976 of the	60196
Revised Code may count such student in its average daily	60197
membership.	60198

(2) In any year for which funds are appropriated for pilot	60199
project scholarship programs, a school district implementing a	60200
state-sponsored pilot project scholarship program that year	60201
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	60202
count in average daily membership:	60203

(a) All children residing in the district and utilizing a	60204
scholarship to attend kindergarten in any alternative school, as	60205
defined in section 3313.974 of the Revised Code;	60206

(b) All children who were enrolled in the district in the	60207
preceding year who are utilizing a scholarship to attend an	60208
alternative school.	60209

(J) The superintendent of each cooperative education school	60210
district shall certify to the superintendent of public	60211
instruction, in a manner prescribed by the state board of	60212
education, the applicable average daily memberships for all	60213
students in the cooperative education district, also indicating	60214
the city, local, or exempted village district where each pupil is	60215
entitled to attend school under section 3313.64 or 3313.65 of the	60216
Revised Code.	60217

(K) If the superintendent of public instruction determines	60218
that a component of the average daily membership certified or	60219
reported by a district superintendent, or other reporting entity,	60220
is not correct, the superintendent of public instruction may order	60221
that the formula ADM used for the purposes of payments under any	60222
section of Title XXXIII of the Revised Code be adjusted in the	60223
amount of the error.	60224

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	60225
cooperative education school district, each educational service	60226
center, each county DD board, and each institution operating a	60227
special education program pursuant to section 3323.091 of the	60228
Revised Code shall, in accordance with procedures adopted by the	60229
state board of education, maintain a record of district membership	60230
of ~~both of the following:~~	60231

~~(1) All preschool children with disabilities in units~~	60232
~~approved under division (B) of section 3317.05 of the Revised~~	60233
~~Code;~~	60234

~~(2) All~~all preschool children with disabilities ~~who are not~~	60235
~~in units approved under division (B) of section 3317.05 of the~~	60236
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	60237
program.	60238

~~(B) The superintendent of each district, board, or~~	60239
~~institution subject to division (A) of this section shall certify~~	60240
~~to the state board of education, in accordance with procedures~~	60241
~~adopted by that board, membership figures of all preschool~~	60242
~~children with disabilities whose membership is maintained under~~	60243
~~division (A)(2) of this section. The figures certified under this~~	60244
~~division shall be used in the determination of the ADM used to~~	60245
~~compute funds for educational service center governing boards~~	60246
~~under section 3317.11 of the Revised Code.~~	60247

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	60248
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	60249
department of education shall determine for each institution, by	60250
the last day of January of each year and based on information	60251
certified under section 3317.03 of the Revised Code, the number of	60252
~~vocational~~career-technical education units or fractions of units	60253
approved by the department on the basis of standards and rules	60254
adopted by the state board of education. As used in this ~~division~~	60255
section, "institution" means an institution operated by a	60256
department specified in section 3323.091 of the Revised Code and	60257
that provides ~~vocational~~career-technical education programs under	60258
the supervision of the division of ~~vocational~~career-technical	60259
education of the department that meet the standards and rules for	60260
these programs, including licensure of professional staff involved	60261
in the programs, as established by the state board.	60262

(B) ~~For the purpose of calculating payments under sections~~	60263
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	60264
~~department shall determine, based on information certified under~~	60265
~~section 3317.03 of the Revised Code, the following by the last day~~	60266
~~of January of each year for each educational service center, for~~	60267
~~each school district, including each cooperative education school~~	60268
~~district, for each institution eligible for payment under section~~	60269
~~3323.091 of the Revised Code, and for each county DD board: the~~	60270
~~number of classes operated by the school district, service center,~~	60271
~~institution, or county DD board for preschool children with~~	60272
~~disabilities, or fraction thereof, including in the case of a~~	60273
~~district or service center that is a funding agent, classes taught~~	60274
~~by a licensed teacher employed by that district or service center~~	60275
~~under section 3313.841 of the Revised Code, approved annually by~~	60276
~~the department on the basis of standards and rules adopted by the~~	60277
~~state board.~~	60278

~~(C) For the purpose of calculating payments under sections~~	60279
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	60280
~~department shall determine, based on information certified under~~	60281
~~section 3317.03 of the Revised Code, the following by the last day~~	60282
~~of January of each year for each school district, including each~~	60283
~~cooperative education school district, for each institution~~	60284
~~eligible for payment under section 3323.091 of the Revised Code,~~	60285
~~and for each county DD board: the number of units for related~~	60286
~~services, as defined in section 3323.01 of the Revised Code, for~~	60287
~~preschool children with disabilities approved annually by the~~	60288
~~department on the basis of standards and rules adopted by the~~	60289
~~state board.~~	60290

~~(D)~~ All of the arithmetical calculations made under this	60291
section shall be carried to the second decimal place. The total	60292
number of units for ~~school districts, service centers, and~~	60293
institutions approved annually under this section shall not exceed	60294
the number of units included in the estimate of cost for these	60295
units and appropriations made for them by the general assembly.	60296

~~In the case of units for preschool children with disabilities~~	60297
~~described in division (B) of this section, the department shall~~	60298
~~approve only preschool units for children who are under age six on~~	60299
~~the thirtieth day of September of the academic year, or on the~~	60300
~~first day of August of the academic year if the school district in~~	60301
~~which the child is enrolled has adopted a resolution under~~	60302
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	60303
~~less than age three on the first day of December of the academic~~	60304
~~year, except that such a unit may include one or more children who~~	60305
~~are under age three or are age six or over on the applicable date,~~	60306
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	60307
~~of the Revised Code, if such children have been admitted to the~~	60308
~~unit pursuant to rules of the state board. The number of units for~~	60309
~~county DD boards and institutions eligible for payment under~~	60310
~~section 3323.091 of the Revised Code approved under this section~~	60311
~~shall not exceed the number that can be funded with appropriations~~	60312
~~made for such purposes by the general assembly.~~	60313

~~No unit shall be approved under divisions (B) and (C) of this~~	60314
~~section unless a plan has been submitted and approved under~~	60315
~~Chapter 3323. of the Revised Code.~~	60316

(C) The department shall pay each institution approved for	60317
career-technical education units under division (A) of this	60318
section an amount for the total of all the units approved under	60319
that division. The amount for each unit shall be the sum of the	60320
minimum salary for the teacher of the unit, calculated on the	60321
basis of the teacher's training level and years of experience	60322
pursuant to the salary schedule prescribed in the version of	60323
section 3317.13 of the Revised Code in effect prior to July 1,	60324
2001, plus fifteen per cent of that minimum salary amount, and	60325
nine thousand five hundred ten dollars. Each institution that	60326
receives unit funds under this division annually shall report to	60327
the department on the delivery of services and the performance of	60328
students and any other information required by the department to	60329
evaluate the institution's career-technical education program.	60330

(D) For each unit allocated to an institution pursuant to	60331
division (A) of this section, the department, in addition to the	60332
amount specified in division (B) of this section, shall pay a	60333
supplemental unit allowance of $7,227.	60334

Sec. 3317.051. (A) As used in this section, "gifted unit	60335
ADM" means a school district's formula ADM minus the number of	60336
students reported by a district under divisions (A)(2)(a) and (i)	60337
of section 3317.03 of the Revised Code.	60338

(B) The department of education shall compute and pay to a	60339
school district funds based on units for services to students	60340
identified as gifted under Chapter 3324. of the Revised Code as	60341
prescribed by this section.	60342

(C) The department shall allocate gifted units for a school	60343
district as follows:	60344

(1) One gifted coordinator unit shall be allocated for every	60345
3,300 students in a district's gifted unit ADM, with a minimum of	60346
0.5 units and a maximum of 8 units allocated for the district.	60347

(2) One gifted intervention specialist unit shall be	60348
allocated for every 1,100 students in a district's gifted unit	60349
ADM, with a minimum of 0.3 units allocated for the district.	60350

(D) The department shall pay the following amount to a school	60351
district for gifted units:	60352

(1) In fiscal year 2014, $37,000 multiplied by the number of	60353
units allocated to a school district under division (C) of this	60354
section;	60355

(2) In fiscal year 2015, $37,370 multiplied by the number of	60356
units allocated to a school district under division (C) of this	60357
section.	60358

A school district shall use the funds it receives for units	60359
allocated under division (C)(1) of this section only for gifted	60360
coordinator services as prescribed by the department. Qualified	60361
personnel shall be employed by the district for this purpose on a	60362
full-time equivalency basis that corresponds to the number of	60363
units allocated to the district under division (C)(1) of this	60364
section.	60365

A school district shall use the funds it receives for units	60366
allocated under division (C)(2) of this section only for gifted	60367
intervention specialist services as prescribed by the department.	60368
Qualified personnel shall be employed by the district for this	60369
purpose on a full-time equivalency basis that corresponds to the	60370
number of units allocated to the district under division (C)(2) of	60371
this section.	60372

(E) A school district may assign gifted unit funding that it	60373
receives under division (D) of this section to another school	60374
district, an educational service center, a community school, or a	60375
STEM school as part of an arrangement to provide services to the	60376
district as follows:	60377

(1) Funds received for units allocated under division (C)(1)	60378
of this section may be assigned to a district, service center, or	60379
school that employs qualified gifted coordinators;	60380

(2) Funds received for units allocated under division (C)(2)	60381
of this section may be assigned to a district, service center, or	60382
school that employs qualified gifted intervention specialists.	60383

Sec. 3317.06. Moneys paid to school districts under division	60384
(E) of section 3317.024 of the Revised Code shall be used for the	60385
following independent and fully severable purposes:	60386

(A) To purchase such secular textbooks or ~~electronic~~	60387
~~textbooks~~digital texts as have been approved by the	60388
superintendent of public instruction for use in public schools in	60389
the state and to loan such textbooks or ~~electronic textbooks~~	60390
digital texts to pupils attending nonpublic schools within the	60391
district or to their parents and to hire clerical personnel to	60392
administer such lending program. Such loans shall be based upon	60393
individual requests submitted by such nonpublic school pupils or	60394
parents. Such requests shall be submitted to the school district	60395
in which the nonpublic school is located. Such individual requests	60396
for the loan of textbooks or ~~electronic textbooks~~digital texts	60397
shall, for administrative convenience, be submitted by the	60398
nonpublic school pupil or the pupil's parent to the nonpublic	60399
school, which shall prepare and submit collective summaries of the	60400
individual requests to the school district. As used in this	60401
section:	60402

(1) "Textbook" means any book or book substitute that a pupil	60403
uses as a consumable or nonconsumable text, text substitute, or	60404
text supplement in a particular class or program in the school the	60405
pupil regularly attends.	60406

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	60407
consumable book or book substitute that a student accesses through	60408
the use of a computer or other electronic medium or that is	60409
available through an internet-based provider of course content, or	60410
any other material that contributes to the learning process	60411
through electronic means.	60412

(B) To provide speech and hearing diagnostic services to	60413
pupils attending nonpublic schools within the district. Such	60414
service shall be provided in the nonpublic school attended by the	60415
pupil receiving the service.	60416

(C) To provide physician, nursing, dental, and optometric	60417
services to pupils attending nonpublic schools within the	60418
district. Such services shall be provided in the school attended	60419
by the nonpublic school pupil receiving the service.	60420

(D) To provide diagnostic psychological services to pupils	60421
attending nonpublic schools within the district. Such services	60422
shall be provided in the school attended by the pupil receiving	60423
the service.	60424

(E) To provide therapeutic psychological and speech and	60425
hearing services to pupils attending nonpublic schools within the	60426
district. Such services shall be provided in the public school, in	60427
nonpublic schools, in public centers, or in mobile units located	60428
on or off of the nonpublic premises. If such services are provided	60429
in the public school or in public centers, transportation to and	60430
from such facilities shall be provided by the school district in	60431
which the nonpublic school is located.	60432

(F) To provide guidance, counseling, and social work services	60433
to pupils attending nonpublic schools within the district. Such	60434
services shall be provided in the public school, in nonpublic	60435
schools, in public centers, or in mobile units located on or off	60436
of the nonpublic premises. If such services are provided in the	60437
public school or in public centers, transportation to and from	60438
such facilities shall be provided by the school district in which	60439
the nonpublic school is located.	60440

(G) To provide remedial services to pupils attending	60441
nonpublic schools within the district. Such services shall be	60442
provided in the public school, in nonpublic schools, in public	60443
centers, or in mobile units located on or off of the nonpublic	60444
premises. If such services are provided in the public school or in	60445
public centers, transportation to and from such facilities shall	60446
be provided by the school district in which the nonpublic school	60447
is located.	60448

(H) To supply for use by pupils attending nonpublic schools	60449
within the district such standardized tests and scoring services	60450
as are in use in the public schools of the state;	60451

(I) To provide programs for children who attend nonpublic	60452
schools within the district and are children with disabilities as	60453
defined in section 3323.01 of the Revised Code or gifted children.	60454
Such programs shall be provided in the public school, in nonpublic	60455
schools, in public centers, or in mobile units located on or off	60456
of the nonpublic premises. If such programs are provided in the	60457
public school or in public centers, transportation to and from	60458
such facilities shall be provided by the school district in which	60459
the nonpublic school is located.	60460

(J) To hire clerical personnel to assist in the	60461
administration of programs pursuant to divisions (B), (C), (D),	60462
(E), (F), (G), and (I) of this section and to hire supervisory	60463
personnel to supervise the providing of services and textbooks	60464
pursuant to this section.	60465

(K) To purchase or lease any secular, neutral, and	60466
nonideological computer application software designed to assist	60467
students in performing a single task or multiple related tasks,	60468
device management software, learning management software,	60469
site-licensing, digital video on demand (DVD), wide area	60470
connectivity and related technology as it relates to internet	60471
access, mathematics or science equipment and materials,	60472
instructional materials, and school library materials that are in	60473
general use in the public schools of the state and loan such items	60474
to pupils attending nonpublic schools within the district or to	60475
their parents, and to hire clerical personnel to administer the	60476
lending program. Only such items that are incapable of diversion	60477
to religious use and that are susceptible of loan to individual	60478
pupils and are furnished for the use of individual pupils shall be	60479
purchased and loaned under this division. As used in this section,	60480
"instructional materials" means prepared learning materials that	60481
are secular, neutral, and nonideological in character and are of	60482
benefit to the instruction of school children~~, and may include~~	60483
~~educational resources and services developed by the eTech Ohio~~	60484
~~commission~~.	60485

Mobile applications that are secular, neutral, and	60486
nonideological in character and that are purchased for less than	60487
ten dollars for instructional use shall be considered to be	60488
consumable and shall be distributed to students without the	60489
expectation that the applications must be returned.	60490

(L) To purchase or lease instructional equipment, including	60491
computer hardware and related equipment in general use in the	60492
public schools of the state, for use by pupils attending nonpublic	60493
schools within the district and to loan such items to pupils	60494
attending nonpublic schools within the district or to their	60495
parents, and to hire clerical personnel to administer the lending	60496
program. "Computer hardware and related equipment" includes	60497
desktop computers and workstations; laptop computers, computer	60498
tablets, and other mobile handheld devices; and their operating	60499
systems and accessories.	60500

(M) To purchase mobile units to be used for the provision of	60501
services pursuant to divisions (E), (F), (G), and (I) of this	60502
section and to pay for necessary repairs and operating costs	60503
associated with these units.	60504

(N) To reimburse costs the district incurred to store the	60505
records of a chartered nonpublic school that closes.	60506
Reimbursements under this division shall be made one time only for	60507
each chartered nonpublic school that closes.	60508

(O) To purchase life-saving medical or other emergency	60509
equipment for placement in nonpublic schools within the district	60510
or to maintain such equipment.	60511

Clerical and supervisory personnel hired pursuant to division	60512
(J) of this section shall perform their services in the public	60513
schools, in nonpublic schools, public centers, or mobile units	60514
where the services are provided to the nonpublic school pupil,	60515
except that such personnel may accompany pupils to and from the	60516
service sites when necessary to ensure the safety of the children	60517
receiving the services.	60518

All services provided pursuant to this section may be	60519
provided under contract with educational service centers, the	60520
department of health, city or general health districts, or private	60521
agencies whose personnel are properly licensed by an appropriate	60522
state board or agency.	60523

Transportation of pupils provided pursuant to divisions (E),	60524
(F), (G), and (I) of this section shall be provided by the school	60525
district from its general funds and not from moneys paid to it	60526
under division (E) of section 3317.024 of the Revised Code unless	60527
a special transportation request is submitted by the parent of the	60528
child receiving service pursuant to such divisions. If such an	60529
application is presented to the school district, it may pay for	60530
the transportation from moneys paid to it under division (E) of	60531
section 3317.024 of the Revised Code.	60532

No school district shall provide health or remedial services	60533
to nonpublic school pupils as authorized by this section unless	60534
such services are available to pupils attending the public schools	60535
within the district.	60536

Materials, equipment, computer hardware or software,	60537
textbooks, ~~electronic textbooks~~digital texts, and health and	60538
remedial services provided for the benefit of nonpublic school	60539
pupils pursuant to this section and the admission of pupils to	60540
such nonpublic schools shall be provided without distinction as to	60541
race, creed, color, or national origin of such pupils or of their	60542
teachers.	60543

No school district shall provide services, materials, or	60544
equipment that contain religious content for use in religious	60545
courses, devotional exercises, religious training, or any other	60546
religious activity.	60547

As used in this section, "parent" includes a person standing	60548
in loco parentis to a child.	60549

Notwithstanding section 3317.01 of the Revised Code, payments	60550
shall be made under this section to any city, local, or exempted	60551
village school district within which is located one or more	60552
nonpublic elementary or high schools and any payments made to	60553
school districts under division (E) of section 3317.024 of the	60554
Revised Code for purposes of this section may be disbursed without	60555
submission to and approval of the controlling board.	60556

The allocation of payments for materials, equipment,	60557
textbooks, ~~electronic textbooks~~digital texts, health services,	60558
and remedial services to city, local, and exempted village school	60559
districts shall be on the basis of the state board of education's	60560
estimated annual average daily membership in nonpublic elementary	60561
and high schools located in the district.	60562

Payments made to city, local, and exempted village school	60563
districts under this section shall be equal to specific	60564
appropriations made for the purpose. All interest earned by a	60565
school district on such payments shall be used by the district for	60566
the same purposes and in the same manner as the payments may be	60567
used.	60568

The department of education shall adopt guidelines and	60569
procedures under which such programs and services shall be	60570
provided, under which districts shall be reimbursed for	60571
administrative costs incurred in providing such programs and	60572
services, and under which any unexpended balance of the amounts	60573
appropriated by the general assembly to implement this section may	60574
be transferred to the auxiliary services personnel unemployment	60575
compensation fund established pursuant to section 4141.47 of the	60576
Revised Code. The department shall also adopt guidelines and	60577
procedures limiting the purchase and loan of the items described	60578
in division (K) of this section to items that are in general use	60579
in the public schools of the state, that are incapable of	60580
diversion to religious use, and that are susceptible to individual	60581
use rather than classroom use. Within thirty days after the end of	60582
each biennium, each board of education shall remit to the	60583
department all moneys paid to it under division (E) of section	60584
3317.024 of the Revised Code and any interest earned on those	60585
moneys that are not required to pay expenses incurred under this	60586
section during the biennium for which the money was appropriated	60587
and during which the interest was earned. If a board of education	60588
subsequently determines that the remittal of moneys leaves the	60589
board with insufficient money to pay all valid expenses incurred	60590
under this section during the biennium for which the remitted	60591
money was appropriated, the board may apply to the department of	60592
education for a refund of money, not to exceed the amount of the	60593
insufficiency. If the department determines the expenses were	60594
lawfully incurred and would have been lawful expenditures of the	60595
refunded money, it shall certify its determination and the amount	60596
of the refund to be made to the director of job and family	60597
services who shall make a refund as provided in section 4141.47 of	60598
the Revised Code.	60599

Each school district shall label materials, equipment,	60600
computer hardware or software, textbooks, and ~~electronic textbooks~~	60601
digital texts purchased or leased for loan to a nonpublic school	60602
under this section, acknowledging that they were purchased or	60603
leased with state funds under this section. However, a district	60604
need not label materials, equipment, computer hardware or	60605
software, textbooks, or ~~electronic textbooks~~digital texts that	60606
the district determines are consumable in nature or have a value	60607
of less than two hundred dollars.	60608

Sec. 3317.063. The superintendent of public instruction, in	60609
accordance with rules adopted by the department of education,	60610
shall annually reimburse each chartered nonpublic school for the	60611
actual mandated service administrative and clerical costs incurred	60612
by such school during the preceding school year in preparing,	60613
maintaining, and filing reports, forms, and records, and in	60614
providing such other administrative and clerical services that are	60615
not an integral part of the teaching process as may be required by	60616
state law or rule or by requirements duly promulgated by city,	60617
exempted village, or local school districts. The mandated service	60618
costs reimbursed pursuant to this section shall include, but are	60619
not limited to, the preparation, filing and maintenance of forms,	60620
reports, or records and other clerical and administrative services	60621
relating to state chartering or approval of the nonpublic school,	60622
pupil attendance, pupil health and health testing, transportation	60623
of pupils, federally funded education programs, pupil appraisal,	60624
pupil progress, educator licensure, unemployment and workers'	60625
compensation, transfer of pupils, and such other education related	60626
data which are now or hereafter shall be required of such	60627
nonpublic school by state law or rule, or by requirements of the	60628
state department of education, other state agencies, or city,	60629
exempted village, or local school districts.	60630

The reimbursement required by this section shall be for	60631
school years beginning on or after July 1, 1981.	60632

Each nonpublic school which seeks reimbursement pursuant to	60633
this section shall submit to the superintendent of public	60634
instruction an application together with such additional reports	60635
and documents as the department of education may require. Such	60636
application, reports, and documents shall contain such information	60637
as the department of education may prescribe in order to carry out	60638
the purposes of this section. No payment shall be made until the	60639
superintendent of public instruction has approved such	60640
application.	60641

Each nonpublic school which applies for reimbursement	60642
pursuant to this section shall maintain a separate account or	60643
system of accounts for the expenses incurred in rendering the	60644
required services for which reimbursement is sought. Such accounts	60645
shall contain such information as is required by the department of	60646
education and shall be maintained in accordance with rules adopted	60647
by the department of education.	60648

Reimbursement payments to a nonpublic school pursuant to this	60649
section shall not exceed an amount for each school year equal to	60650
three hundred ~~twenty-five~~sixty dollars per pupil enrolled in that	60651
nonpublic school.	60652

The superintendent of public instruction may, from time to	60653
time, examine any and all accounts and records of a nonpublic	60654
school which have been maintained pursuant to this section in	60655
support of an application for reimbursement, for the purpose of	60656
determining the costs to such school of rendering the services for	60657
which reimbursement is sought. If after such audit it is	60658
determined that any school has received funds in excess of the	60659
actual cost of providing such services, said school shall	60660
immediately reimburse the state in such excess amount.	60661

Any payments made to chartered nonpublic schools under this	60662
section may be disbursed without submission to and approval of the	60663
controlling board.	60664

Sec. 3317.08. A board of education may admit to its schools	60665
a child it is not required by section 3313.64 or 3313.65 of the	60666
Revised Code to admit, if tuition is paid for the child.	60667

Unless otherwise provided by law, tuition shall be computed	60668
in accordance with this section. A district's tuition charge for a	60669
school year shall be one of the following:	60670

(A) For any child, except a preschool child with a disability	60671
described in division (B) of this section, the quotient obtained	60672
by dividing the sum of the amounts described in divisions (A)(1)	60673
and (2) of this section by the district's formula ADM.	60674

(1) The district's total taxes charged and payable for	60675
current expenses for the tax year preceding the tax year in which	60676
the school year begins as certified under division (A)(3) of	60677
section 3317.021 of the Revised Code.	60678

(2) The district's total taxes collected for current expenses	60679
under a school district income tax adopted pursuant to section	60680
5748.03, 5748.08, or 5748.09 of the Revised Code that are	60681
disbursed to the district during the fiscal year, excluding any	60682
income tax receipts allocated for the project cost, debt service,	60683
or maintenance set-aside associated with a state-assisted	60684
classroom facilities project as authorized by section 3318.052 of	60685
the Revised Code. On or before the first day of June of each year,	60686
the tax commissioner shall certify the amount to be used in the	60687
calculation under this division for the next fiscal year to the	60688
department of education and the office of budget and management	60689
for each city, local, and exempted village school district that	60690
levies a school district income tax.	60691

(B) For any preschool child with a disability ~~not included in~~	60692
~~a unit approved under division (B) of section 3317.05 of the~~	60693
~~Revised Code~~, an amount computed for the school year as follows:	60694

(1) For each type of special education service provided to	60695
the child for whom tuition is being calculated, determine the	60696
amount of the district's operating expenses in providing that type	60697
of service to all preschool children with disabilities ~~not~~	60698
~~included in units approved under division (B) of section 3317.05~~	60699
~~of the Revised Code~~;	60700

(2) For each type of special education service for which	60701
operating expenses are determined under division (B)(1) of this	60702
section, determine the amount of such operating expenses that was	60703
paid from any state funds received under this chapter;	60704

(3) For each type of special education service for which	60705
operating expenses are determined under division (B)(1) of this	60706
section, divide the difference between the amount determined under	60707
division (B)(1) of this section and the amount determined under	60708
division (B)(2) of this section by the total number of preschool	60709
children with disabilities ~~not included in units approved under~~	60710
~~division (B) of section 3317.05 of the Revised Code~~ who received	60711
that type of service;	60712

(4) Determine the sum of the quotients obtained under	60713
division (B)(3) of this section for all types of special education	60714
services provided to the child for whom tuition is being	60715
calculated.	60716

The state board of education shall adopt rules defining the	60717
types of special education services and specifying the operating	60718
expenses to be used in the computation under this section.	60719

If any child for whom a tuition charge is computed under this	60720
section for any school year is enrolled in a district for only	60721
part of that school year, the amount of the district's tuition	60722
charge for the child for the school year shall be computed in	60723
proportion to the number of school days the child is enrolled in	60724
the district during the school year.	60725

Except as otherwise provided in division (J) of section	60726
3313.64 of the Revised Code, whenever a district admits a child to	60727
its schools for whom tuition computed in accordance with this	60728
section is an obligation of another school district, the amount of	60729
the tuition shall be certified by the treasurer of the board of	60730
education of the district of attendance, to the board of education	60731
of the district required to pay tuition for its approval and	60732
payment. If agreement as to the amount payable or the district	60733
required to pay the tuition cannot be reached, or the board of	60734
education of the district required to pay the tuition refuses to	60735
pay that amount, the board of education of the district of	60736
attendance shall notify the superintendent of public instruction.	60737
The superintendent shall determine the correct amount and the	60738
district required to pay the tuition and shall deduct that amount,	60739
if any, under division (D) of section 3317.023 of the Revised	60740
Code, from the district required to pay the tuition and add that	60741
amount to the amount allocated to the district attended under such	60742
division. The superintendent of public instruction shall send to	60743
the district required to pay the tuition an itemized statement	60744
showing such deductions at the time of such deduction.	60745

When a political subdivision owns and operates an airport,	60746
welfare, or correctional institution or other project or facility	60747
outside its corporate limits, the territory within which the	60748
facility is located is exempt from taxation by the school district	60749
within which such territory is located, and there are school age	60750
children residing within such territory, the political subdivision	60751
owning such tax exempt territory shall pay tuition to the district	60752
in which such children attend school. The tuition for these	60753
children shall be computed as provided for in this section.	60754

Sec. 3317.10. (A) On or before the first day of March of	60755
each year, the department of job and family services shall certify	60756
to the state board of education the unduplicated number of	60757
children ages five through seventeen residing in each school	60758
district and living in a family that, during the preceding	60759
October, participated in Ohio works first.	60760

The department of job and family services shall certify this	60761
information according to the school district of residence for each	60762
child. ~~Except as provided under division (B) of this section, the~~	60763
~~number of children so certified in any year shall be used by the~~	60764
~~department of education in calculating the distribution of moneys~~	60765
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	60766
~~Revised Code.~~	60767

(B) Upon the transfer of part of the territory of one school	60768
district to the territory of one or more other school districts,	60769
the department of education may adjust the number of children	60770
certified under division (A) of this section for any district	60771
gaining or losing territory in such a transfer in order to take	60772
into account the effect of the transfer on the number of such	60773
children who reside in the district. Within sixty days of receipt	60774
of a request for information from the department of education, the	60775
department of job and family services shall provide any	60776
information the department of education determines is necessary to	60777
make such adjustments. ~~The department of education may use the~~	60778
~~adjusted number for any district for the applicable fiscal year,~~	60779
~~in lieu of the number certified for the district for that fiscal~~	60780
~~year under division (A) of this section, in the calculation of the~~	60781
~~distribution of moneys provided in section 3317.029 of the Revised~~	60782
~~Code.~~	60783

Sec. 3317.14. Any school district board of education or	60784
educational service center governing board participating in funds	60785
distributed under Chapter 3317. of the Revised Code shall annually	60786
adopt a teachers' salary schedule with provision for increments	60787
based upon training and years of service. Notwithstanding sections	60788
3317.13 and 3319.088 of the Revised Code, the board may establish	60789
its own service requirements and may grant service credit for such	60790
activities as teaching in public or nonpublic schools in this	60791
state or in another state, for service as an educational assistant	60792
other than as a classroom aide employed in accordance with section	60793
5107.541 of the Revised Code, and for service in the military or	60794
in an appropriate state or federal governmental agency, provided	60795
no teacher receives less than the amount required to be paid	60796
pursuant to section 3317.13 of the Revised Code and provided full	60797
credit for a minimum of five years of actual teaching and military	60798
experience as defined in division (A) of section 3317.13 of the	60799
Revised Code is given to each teacher.	60800

~~On the fifteenth day of October of each year, a copy of the~~	60801
~~salary schedule in effect on that date shall be filed by the board~~	60802
~~of education of each local school district with the educational~~	60803
~~service center superintendent, who thereupon shall certify to the~~	60804
~~treasurer of such local district the correct salary to be paid to~~	60805
~~each teacher in accordance with the adopted schedule.~~	60806

Each teacher who has completed training which would qualify	60807
such teacher for a higher salary bracket pursuant to this section	60808
shall file by the fifteenth day of September with the treasurer of	60809
the board of education or educational service center satisfactory	60810
evidence of the completion of such additional training. The	60811
treasurer shall then immediately place the teacher, pursuant to	60812
this section and section 3317.13 of the Revised Code, in the	60813
proper salary bracket in accordance with training and years of	60814
service before certifying such salary, training, and years of	60815
service to the superintendent of public instruction. No teacher	60816
shall be paid less than the salary to which such teacher is	60817
entitled pursuant to section 3317.13 of the Revised Code.	60818

Sec. 3317.16. (A) The department of education shall compute	60819
and distribute state core foundation funding to each joint	60820
vocational school district for the fiscal year as prescribed in	60821
the following divisions:	60822

(1) An opportunity grant calculated according to the	60823
following formula:	60824

(The formula amount X formula ADM) - (0.0005 X the	60825

district's three-year average valuation)	60826

If the result of the calculation for a joint vocational	60827
school district under division (A)(1) of this section is less than	60828
zero, the joint vocational school district's opportunity grant	60829
shall be zero.	60830

(2) Additional state aid for special education and related	60831
services provided under Chapter 3323. of the Revised Code	60832
calculated as the sum of the following:	60833

(a) The district's category one special education ADM X the	60834
amount specified in division (A) of section 3317.013 of the	60835
Revised Code X the district's state share percentage;	60836

(b) The district's category two special education ADM X the	60837
amount specified in division (B) of section 3317.013 of the	60838
Revised Code X the district's state share percentage;	60839

(c) The district's category three special education ADM X the	60840
amount specified in division (C) of section 3317.013 of the	60841
Revised Code X the district's state share percentage;	60842

(d) The district's category four special education ADM X the	60843
amount specified in division (D) of section 3317.013 of the	60844
Revised Code X the district's state share percentage;	60845

(e) The district's category five special education ADM X the	60846
amount specified in division (E) of section 3317.013 of the	60847
Revised Code X the district's state share percentage;	60848

(f) The district's category six special education ADM X the	60849
amount specified in division (F) of section 3317.013 of the	60850
Revised Code X the district's state share percentage.	60851

(3) Economically disadvantaged funds calculated according to	60852
the following formula:	60853

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	60854

(the district's economically disadvantaged index) X the number	60855

of students who are economically disadvantaged as reported under	60856

division (D)(2)(p) of section 3317.03 of the Revised Code	60857

(4) Limited English proficiency funds calculated as the sum	60858
of the following:	60859

(a) The district's category one limited English proficient	60860
ADM X the amount specified in division (A) of section 3317.016 of	60861
the Revised Code X the district's state share percentage;	60862

(b) The district's category two limited English proficient	60863
ADM X the amount specified in division (B) of section 3317.016 of	60864
the Revised Code X the district's state share percentage;	60865

(c) The district's category three limited English proficient	60866
ADM X the amount specified in division (C) of section 3317.016 of	60867
the Revised Code X the district's state share percentage;	60868

(5) Career-technical education funds calculated as the sum of	60869
the following:	60870

(a) The district's category one career-technical education	60871
ADM X the amount specified in division (A) of section 3317.014 of	60872
the Revised Code X the district's state share percentage;	60873

(b) The district's category two career-technical education	60874
ADM X the amount specified in division (B) of section 3317.014 of	60875
the Revised Code X the district's state share percentage;	60876

(c) The district's category three career-technical education	60877
ADM X the amount specified in division (C) of section 3317.014 of	60878
the Revised Code X the district's state share percentage;	60879

(d) The district's category four career-technical education	60880
ADM X the amount specified in division (D) of section 3317.014 of	60881
the Revised Code X the district's state share percentage;	60882

(e) The district's category five career-technical education	60883
ADM X the amount specified in division (E) of section 3317.014 of	60884
the Revised Code X the district's state share percentage.	60885

Payment of funds under division (A)(5) of this section is	60886
subject to approval under section 3317.161 of the Revised Code.	60887

(6) Career-technical education associated services funds	60888
calculated under the following formula:	60889

The district's state share percentage X the	60890

amount for career-technical education associated services	60891
specified in section 3317.014 of the Revised Code X the sum of	60892
categories one through five career-technical	60893

education ADM	60894

(B)(1) If a joint vocational school district's costs for a	60895
fiscal year for a student in its categories two through six	60896
special education ADM exceed the threshold catastrophic cost for	60897
serving the student, as specified in division (B) of section	60898
3317.0214 of the Revised Code, the district may submit to the	60899
superintendent of public instruction documentation, as prescribed	60900
by the superintendent, of all of its costs for that student. Upon	60901
submission of documentation for a student of the type and in the	60902
manner prescribed, the department shall pay to the district an	60903
amount equal to the sum of the following:	60904

(a) One-half of the district's costs for the student in	60905
excess of the threshold catastrophic cost;	60906

(b) The product of one-half of the district's costs for the	60907
student in excess of the threshold catastrophic cost multiplied by	60908
the district's state share percentage.	60909

(2) The district shall report under division (B)(1) of this	60910
section, and the department shall pay for, only the costs of	60911
educational expenses and the related services provided to the	60912
student in accordance with the student's individualized education	60913
program. Any legal fees, court costs, or other costs associated	60914
with any cause of action relating to the student may not be	60915
included in the amount.	60916

(C)(1) For each student with a disability receiving special	60917
education and related services under an individualized education	60918
program, as defined in section 3323.01 of the Revised Code, at a	60919
joint vocational district, the resident district or, if the	60920
student is enrolled in a community school, the community school	60921
shall be responsible for the amount of any costs of providing	60922
those special education and related services to that student that	60923
exceed the sum of the amount calculated for those services	60924
attributable to that student under division (A) of this section.	60925

Those excess costs shall be calculated by subtracting the sum	60926
of the following from the actual cost to provide special education	60927
and related services to the student:	60928

(a) The formula amount;

60929

(b) The amount specified in section 3317.013 of the Revised	60930
Code that is applicable to the student;	60931

60932

(2) The board of education of the joint vocational school	60933
district may report the excess costs calculated under division	60934
(C)(1) of this section to the department of education.	60935

(3) If the board of education of the joint vocational school	60936
district reports excess costs under division (C)(2) of this	60937
section, the department shall pay the amount of excess cost	60938
calculated under division (C)(2) of this section to the joint	60939
vocational school district and shall deduct that amount as	60940
provided in division (C)(3)(a) or (b) of this section, as	60941
applicable:	60942

(a) If the student is not enrolled in a community school, the	60943
department shall deduct the amount from the account of the	60944
student's resident district pursuant to division (J) of section	60945
3317.023 of the Revised Code.	60946

(b) If the student is enrolled in a community school, the	60947
department shall deduct the amount from the account of the	60948
community school pursuant to section 3314.083 of the Revised Code.	60949

(D)(1) In any fiscal year, a school district receiving funds	60950
under division (A)(5) of this section shall spend those funds only	60951
for the purposes that the department designates as approved for	60952
career-technical education expenses. Career-technical educational	60953
expenses approved by the department shall include only expenses	60954
connected to the delivery of career-technical programming to	60955
career-technical students. The department shall require the school	60956
district to report data annually so that the department may	60957
monitor the district's compliance with the requirements regarding	60958
the manner in which funding received under division (A)(5) of this	60959
section may be spent.	60960

(2) All funds received under division (A)(5) of this section	60961
shall be spent in the following manner:	60962

(a) At least seventy-five per cent of the funds shall be	60963
spent on curriculum development, purchase, and implementation;	60964
instructional resources and supplies; industry-based program	60965
certification; student assessment, credentialing, and placement;	60966
curriculum specific equipment purchases and leases;	60967
career-technical student organization fees and expenses; home and	60968
agency linkages; work-based learning experiences; professional	60969
development; and other costs directly associated with	60970
career-technical education programs including development of new	60971
programs.	60972

(b) Not more than twenty-five per cent of the funds shall be	60973
used for personnel expenditures.	60974

(E) In any fiscal year, a school district receiving funds	60975
under division (A)(6) of this section, or through a transfer of	60976
funds pursuant to division (I) of section 3317.023 of the Revised	60977
Code, shall spend those funds only for the purposes that the	60978
department designates as approved for career-technical education	60979
associated services expenses, which may include such purposes as	60980
apprenticeship coordinators, coordinators for other	60981
career-technical education services, career-technical evaluation,	60982
and other purposes designated by the department. The department	60983
may deny payment under division (A)(6) of this section to any	60984
district that the department determines is not operating those	60985
services or is using funds paid under division (A)(6) of this	60986
section, or through a transfer of funds pursuant to division (I)	60987
of section 3317.023 of the Revised Code, for other purposes.	60988

(F) A joint vocational school district shall spend the funds	60989
it receives under division (A)(3) of this section in accordance	60990
with section 3317.25 of the Revised Code.	60991

(G) As used in this section:

60992

(1) "Community school" means a community school established	60993
under Chapter 3314. of the Revised Code.	60994

(2) "Resident district" means the city, local, or exempted	60995
village school district in which a student is entitled to attend	60996
school under section 3313.64 or 3313.65 of the Revised Code.	60997

(3) "State share percentage" is equal to the following:

60998

The amount computed under division (A)(1) of this section /	60999

(the formula amount X formula ADM)	61000

Sec. 3317.161. (A) As used in this section, "lead district"	61001
has the same meaning as in section 3317.023 of the Revised Code.	61002

(B) The lead district of a career-technical planning district	61003
shall review the career-technical education program of each city,	61004
local, and exempted village school district, each community	61005
school, and each STEM school that is assigned to the	61006
career-technical planning district and determine whether to	61007
approve or disapprove the program. The lead district shall notify	61008
the department of its determination.	61009

(C) Upon receiving notification of a lead district's	61010
approval, the department shall pay to the member city, local, or	61011
exempted village school district or deduct from the state	61012
education aid of a district and pay to a community school or STEM	61013
school the funds attributed to the career-technical students	61014
enrolled in the district or school, according to a payment	61015
schedule prescribed by the department.	61016

(D) Upon receiving notification from a lead district of	61017
disapproval of a city, local, or exempted village school	61018
district's, a community school's, or STEM school's	61019
career-technical education program, the department shall	61020
automatically review the lead district's decision. In reviewing	61021
the lead district's decision, the department shall consider the	61022
demand for the career-technical education program and the	61023
availability of the program within the career-technical planning	61024
district. If, as a result of the review, the department decides to	61025
approve the city, local, or exempted village school district's,	61026
the community school's, or the STEM school's career-technical	61027
education program, the department shall pay the funds to the	61028
district or deduct and pay the funds to the community school or	61029
STEM school in the manner described in division (C) of this	61030
section. The department's decision shall be final.	61031

Sec. 3317.18. (A) As used in this section, the terms	61032
"Chapter 133. securities," "credit enhancement facilities," "debt	61033
charges," "general obligation," "legislation," "public	61034
obligations," and "securities" have the same meanings as in	61035
section 133.01 of the Revised Code.	61036

(B) The board of education of any school district authorizing	61037
the issuance of securities under section 133.10~~, 133.301,~~ or	61038
3313.372 of the Revised Code or general obligation Chapter 133.	61039
securities may adopt legislation requesting the state department	61040
of education to approve, and enter into an agreement with the	61041
school district and the primary paying agent or fiscal agent for	61042
such securities providing for, the withholding and deposit of	61043
funds, otherwise due the district under Chapter 3317. of the	61044
Revised Code, for the payment of debt service charges on such	61045
securities.	61046

The board of education shall deliver to the state department	61047
a copy of such resolution and any additional pertinent information	61048
the state department may require.	61049

The department of education and the office of budget and	61050
management shall evaluate each request received from a school	61051
district under this section and the department, with the advice	61052
and consent of the director of budget and management, shall	61053
approve or deny each request based on all of the following:	61054

(1) Whether approval of the request will enhance the	61055
marketability of the securities for which the request is made;	61056

(2) Any other pertinent factors or limitations established in	61057
rules made under division (I) of this section, including:	61058

(a) Current and projected obligations of funds due to the	61059
requesting school district under Chapter 3317. of the Revised Code	61060
including obligations of those funds to public obligations or	61061
relevant credit enhancement facilities under this section, Chapter	61062
133. and section 3313.483 of the Revised Code, and under any other	61063
similar provisions of law;	61064

(b) Whether the department of education or the office of	61065
budget and management has any reason to believe the requesting	61066
school district will be unable to pay when due the debt charges on	61067
the securities for which the request is made.	61068

The department may require a school district to establish	61069
schedules for the payment of all debt charges that take into	61070
account the amount and timing of anticipated distributions of	61071
funds to the district under Chapter 3317. of the Revised Code.	61072

(C) If the department approves the request of a school	61073
district to withhold and deposit funds pursuant to this section,	61074
the department shall enter into a written agreement with the	61075
district and the primary paying agent or fiscal agent for the	61076
securities which shall provide for the withholding of funds	61077
pursuant to this section for the payment of debt charges on those	61078
securities, and may include both of the following:	61079

(1) Provisions for certification by the district to the	61080
department, at a time prior to any date for the payment of	61081
applicable debt charges, whether the district is able to pay those	61082
debt charges when due;	61083

(2) Requirements that the district deposit amounts for the	61084
payment of debt charges on the securities with the primary paying	61085
agent or fiscal agent for the securities prior to the date on	61086
which those debt charge payments are due to the owners or holders	61087
of the securities.	61088

(D) Whenever a district notifies the department of education	61089
that it will be unable to pay debt charges when they are due,	61090
subject to the withholding provisions of this section, or whenever	61091
the applicable paying agent or fiscal agent notifies the	61092
department that it has not timely received from a school district	61093
the full amount needed for the payment when due of those debt	61094
charges to the holders or owners of such securities, the	61095
department shall immediately contact the school district and the	61096
paying agent or fiscal agent to confirm or determine whether the	61097
district is unable to make the required payment by the date on	61098
which it is due.	61099

Upon demand of the treasurer of state while holding a school	61100
district obligation purchased under division (G)(1) of section	61101
135.143 of the Revised Code, the state department of education,	61102
without a request of the school district, shall withhold and	61103
deposit funds pursuant to this section for payment of debt service	61104
charges on that obligation.	61105

If the department confirms or determines that the district	61106
will be unable to make such payment and payment will not be made	61107
pursuant to a credit enhancement facility, the department shall	61108
promptly pay to the applicable primary paying agent or fiscal	61109
agent the lesser of the amount due for debt charges or the amount	61110
due the district for the remainder of the fiscal year under	61111
Chapter 3317. of the Revised Code. If this amount is insufficient	61112
to pay the total amount then due the agent for the payment of debt	61113
charges, the department shall pay to the agent each fiscal year	61114
thereafter, and until the full amount due the agent for unpaid	61115
debt charges is paid in full, the lesser of the remaining amount	61116
due the agent for debt charges or the amount due the district for	61117
the fiscal year under Chapter 3317. of the Revised Code.	61118

(E) The state department may make any payments under this	61119
division by direct deposit of funds by electronic transfer.	61120

Any amount received by a paying agent or fiscal agent under	61121
this section shall be applied only to the payment of debt charges	61122
on the securities of the school district subject to this section	61123
or to the reimbursement to the provider of a credit enhancement	61124
facility that has paid such debt charges.	61125

(F) To the extent a school district whose securities are	61126
subject to this section is unable to pay applicable debt charges	61127
because of the failure to collect property taxes levied for the	61128
payment of those debt charges, the district may transfer to or	61129
deposit into any fund that would have received payments under	61130
Chapter 3317. of the Revised Code that were withheld under this	61131
section any such delinquent property taxes when later collected,	61132
provided that transfer or deposit shall be limited to the amounts	61133
withheld from that fund under this section.	61134

(G) The department may make payments under this section to	61135
paying agents or fiscal agents only from and to the extent that	61136
money is appropriated by the general assembly for Chapter 3317. of	61137
the Revised Code or for the purposes of this section. No	61138
securities of a school district to which this section is made	61139
applicable constitute an obligation or a debt or a pledge of the	61140
faith, credit, or taxing power of the state, and the holders or	61141
owners of such securities have no right to have taxes levied or	61142
appropriations made by the general assembly for the payment of	61143
debt charges on those securities, and those securities, if the	61144
department requires, shall contain a statement to that effect. The	61145
agreement for or the actual withholding and payment of moneys	61146
under this section does not constitute the assumption by the state	61147
of any debt of a school district.	61148

(H) In the case of securities subject to the withholding	61149
provisions of this section, the issuing board of education shall	61150
appoint a paying agent or fiscal agent who is not an officer or	61151
employee of the school district.	61152

(I) The department of education, with the advice of the	61153
office of budget and management, may adopt reasonable rules not	61154
inconsistent with this section for the implementation of this	61155
section and division (B) of section 133.25 of the Revised Code as	61156
it relates to the withholding and depositing of payments under	61157
Chapter 3317. of the Revised Code to secure payment of debt	61158
charges on school district securities. Those rules shall include	61159
criteria for the evaluation and approval or denial of school	61160
district requests for withholding under this section and limits on	61161
the obligation for the purpose of paying debt charges or	61162
reimbursing credit enhancement facilities of funds otherwise to be	61163
paid to school districts under Chapter 3317. of the Revised Code.	61164

(J) The authority granted by this section is in addition to	61165
and not a limitation on any other authorizations granted by or	61166
pursuant to law for the same or similar purposes.	61167

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	61168
~~allowance" means an amount equal to the sum of the following:~~	61169

~~(1) The total of the salary allowances for the teachers~~	61170
~~employed in the cooperative education school district for all~~	61171
~~units approved under division (B) or (C) of section 3317.05 of the~~	61172
~~Revised Code. The salary allowance for each unit shall equal the~~	61173
~~minimum salary for the teacher of the unit calculated on the basis~~	61174
~~of the teacher's training level and years of experience pursuant~~	61175
~~to the salary schedule prescribed in the version of section~~	61176
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	61177

~~(2) Fifteen per cent of the total computed under division~~	61178
~~(A)(1) of this section;~~	61179

~~(3) The total of the unit operating allowances for all~~	61180
~~approved units. The amount of each allowance shall equal one of~~	61181
~~the following:~~	61182

~~(a) Eight thousand twenty-three dollars times the number of~~	61183
~~units for preschool children with disabilities or fraction thereof~~	61184
~~approved for the year under division (B) of section 3317.05 of the~~	61185
~~Revised Code;~~	61186

~~(b) Two thousand one hundred thirty-two dollars times the~~	61187
~~number of units or fraction thereof approved for the year under~~	61188
~~division (C) of section 3317.05 of the Revised Code.~~	61189

~~(B)~~ The state board of education shall compute and distribute	61190
to each cooperative education school district for each fiscal year	61191
an amount equal to the sum of the following:	61192

~~(1)~~(A) An amount equal to the total of the amounts credited	61193
to the cooperative education school district pursuant to division	61194
(H) of section 3317.023 of the Revised Code;	61195

~~(2) The total unit allowance;~~

61196

~~(3)~~(B) An amount for assisting in providing free lunches to	61197
needy children pursuant to division (D) of section 3317.024 of the	61198
Revised Code.	61199

~~(C) If a cooperative education school district has had~~	61200
~~additional special education units approved for the year under~~	61201
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	61202
~~district shall receive an additional amount during the last half~~	61203
~~of the fiscal year. For each unit, the additional amount shall~~	61204
~~equal fifty per cent of the amount computed under division (A) of~~	61205
~~this section for a unit approved under division (B) of section~~	61206
~~3317.05 of the Revised Code.~~	61207

Sec. 3317.20. This section does not apply to preschool	61208
children with disabilities.	61209

(A) As used in this section:

61210

(1) "Applicable ~~weight~~special education amount" means the	61211
~~multiple~~amount specified in section 3317.013 of the Revised Code	61212
for a disability described in that section.	61213

(2) "Child's school district" means the school district in	61214
which a child is entitled to attend school pursuant to section	61215
3313.64 or 3313.65 of the Revised Code.	61216

(3) "State share ~~percentage~~index" means the state share	61217
~~percentage~~index of the child's school district.	61218

(B) ~~Except as provided in division (C) of this section, the~~	61219
The department shall annually pay each county DD board for each	61220
child with a disability, other than a preschool child with a	61221
disability, for whom the county DD board provides special	61222
education and related services an amount equal to the formula	61223
amount + (state share ~~percentage X formula amount~~index X the	61224
applicable ~~weight~~special education amount).	61225

~~(C) If any school district places with a county DD board more~~	61226
~~children with disabilities than it had placed with a county DD~~	61227
~~board in fiscal year 1998, the department shall not make a payment~~	61228
~~under division (B) of this section for the number of children~~	61229
~~exceeding the number placed in fiscal year 1998. The department~~	61230
~~instead shall deduct from the district's payments under this~~	61231
~~chapter, and pay to the county DD board, an amount calculated in~~	61232
~~accordance with the formula prescribed in division (B) of this~~	61233
~~section for each child over the number of children placed in~~	61234
~~fiscal year 1998.~~	61235

~~(D) The department shall calculate for each county DD board~~	61236
~~receiving payments under divisions (B) and (C) of this section the~~	61237
~~following amounts:~~	61238

~~(1) The amount received by the county DD board for approved~~	61239
~~special education and related services units, other than units for~~	61240
~~preschool children with disabilities, in fiscal year 1998, divided~~	61241
~~by the total number of children served in the units that year;~~	61242

~~(2) The product of the quotient calculated under division~~	61243
~~(D)(1) of this section times the number of children for whom~~	61244
~~payments are made under divisions (B) and (C) of this section.~~	61245

~~If the amount calculated under division (D)(2) of this~~	61246
~~section is greater than the total amount calculated under~~	61247
~~divisions (B) and (C) of this section, the department shall pay~~	61248
~~the county DD board one hundred per cent of the difference in~~	61249
~~addition to the payments under divisions (B) and (C) of this~~	61250
~~section.~~	61251

~~(E)~~(C) Each county DD board shall report to the department,	61252
in the manner specified by the department, the name of each child	61253
for whom the county DD board provides special education and	61254
related services and the child's school district.	61255

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	61256
payments under this section, the department may request from	61257
either of the following entities the data verification code	61258
assigned under division (D)(2) of section 3301.0714 of the Revised	61259
Code to any child who is placed with a county DD board:	61260

(a) The child's school district;

61261

(b) The independent contractor engaged to create and maintain	61262
data verification codes.	61263

(2) Upon a request by the department under division ~~(F)~~(D)(1)	61264
of this section for the data verification code of a child, the	61265
child's school district shall submit that code to the department	61266
in the manner specified by the department. If the child has not	61267
been assigned a code, the district shall assign a code to that	61268
child and submit the code to the department by a date specified by	61269
the department. If the district does not assign a code to the	61270
child by the specified date, the department shall assign a code to	61271
the child.	61272

The department annually shall submit to each school district	61273
the name and data verification code of each child residing in the	61274
district for whom the department has assigned a code under this	61275
division.	61276

(3) The department shall not release any data verification	61277
code that it receives under division ~~(F)~~(D) of this section to any	61278
person except as provided by law.	61279

~~(G)~~(E) Any document relative to special education and related	61280
services provided by a county DD board that the department holds	61281
in its files that contains both a student's name or other	61282
personally identifiable information and the student's data	61283
verification code shall not be a public record under section	61284
149.43 of the Revised Code.	61285

Sec. 3317.201. This section does not apply to preschool	61286
children with disabilities.	61287

(A) As used in this section, the "total special education	61288
~~weight~~amount" for an institution means the sum of the following	61289
amounts:	61290

(1) The number of children reported by the institution under	61291
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61292
receiving services for a disability described in division (A) of	61293
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61294
amount specified in that division;	61295

(2) The number of children reported by the institution under	61296
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61297
receiving services for a disability described in division (B) of	61298
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61299
amount specified in that division;	61300

(3) The number of children reported by the institution under	61301
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61302
receiving services for a disability described in division (C) of	61303
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61304
amount specified in that division;	61305

(4) The number of children reported by the institution under	61306
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61307
receiving services for a disability described in division (D) of	61308
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61309
amount specified in that division;	61310

(5) The number of children reported by the institution under	61311
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61312
receiving services for a disability described in division (E) of	61313
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61314
amount specified in that division;	61315

(6) The number of children reported by the institution under	61316
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61317
receiving services for a disability described in division (F) of	61318
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61319
amount specified in that division.	61320

(B) For each fiscal year, the department of education shall	61321
pay each state institution required to provide special education	61322
services under division (A) of section 3323.091 of the Revised	61323
Code an amount equal to the ~~greater of:~~	61324

~~(1) The formula amount times the~~ institution's total special	61325
education ~~weight;~~	61326

~~(2) The aggregate amount of special education and related~~	61327
~~services unit funding the institution received for all children~~	61328
~~with disabilities other than preschool children with disabilities~~	61329
~~in fiscal year 2005 under sections 3317.052 and 3317.053 of the~~	61330
~~Revised Code, as those sections existed prior to June 30, 2005~~	61331
amount.	61332

Sec. 3317.25. (A) As used in this section, "economically	61333
disadvantaged funds" means the following:	61334

(1) For a city, local, or exempted village school district,	61335
the funds received under division (A)(5) of section 3317.022 of	61336
the Revised Code;	61337

(2) For a joint vocational school district, the funds	61338
received under division (A)(3) of section 3317.16 of the Revised	61339
Code;	61340

(3) For a community school established under Chapter 3314. of	61341
the Revised Code, the funds received under division (C)(1)(e) of	61342
section 3314.08 of the Revised Code;	61343

(4) For a STEM school established under Chapter 3326. of the	61344
Revised Code, the funds received under division (E) of section	61345
3326.33 of the Revised Code.	61346

(B) In any fiscal year, a city, local, exempted village, or	61347
joint vocational school district, community school, or STEM school	61348
shall spend the economically disadvantaged funds it receives for	61349
any of the following initiatives or a combination of any of the	61350
following initiatives:	61351

(1) Extended school day and school year;

61352

(2) Reading improvement and intervention;

61353

(3) Instructional technology or blended learning;

61354

(4) Professional development in reading instruction for	61355
teachers of students in kindergarten through third grade;	61356

(5) Dropout prevention;

61357

(6) School safety and security measures.

61358

(C) At the end of each fiscal year, each city, local,	61359
exempted village, or joint vocational school district, community	61360
school, and STEM school shall submit a report to the department of	61361
education describing the initiative or initiatives on which the	61362
district's or school's economically disadvantaged funds were spent	61363
during that fiscal year.	61364

(D) Starting in 2015, the department shall submit a report of	61365
the information it receives under division (C) of this section to	61366
the General Assembly not later than the first day of December of	61367
each odd-numbered year in accordance with section 101.68 of the	61368
Revised Code.	61369

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	61370
the custody of a juvenile facility established under section	61371
2151.65 or a detention facility established under section 2152.41	61372
of the Revised Code, ifpayment for the child's education services	61373
shall be administered by one of the following methods:	61374

(1) If the facility educates the child, the facility, or the	61375
chartered nonpublic school it operates, may submit its request for	61376
payment directly to the school district that is to bear the cost	61377
of educating the child, as determined under section 2151.362 of	61378
the Revised Code. That district shall pay the facility or the	61379
chartered nonpublic school directly for those services.	61380

(2) If the facility contracts directly with a school district	61381
in which the facility is located for services for that child, the	61382
school district may submit its request for payment directly to the	61383
school district that is to bear the cost of educating the child,	61384
as determined under section 2151.362 of the Revised Code. That	61385
district shall pay the school district where the facility is	61386
located directly for those services.	61387

(3) If that facility contracts directly with an educational	61388
service center for services for that child, the service center may	61389
submit its request for payment for services for the child directly	61390
to the school district that is responsible to bear the cost of	61391
educating the child, as determined under section 2151.362 of the	61392
Revised Code. That district shall pay the service center directly	61393
for those services. ~~Notwithstanding~~	61394

(B) Notwithstanding anything to the contrary in section	61395
3317.03 of the Revised Code, the district that pays a service	61396
center, facility or chartered nonpublic school the facility	61397
operates, or other school district for services for a particular	61398
child under this section shall include that child in the	61399
district's average daily membership as reported under division (A)	61400
of section 3317.03 of the Revised Code. No other district shall	61401
include the child in its average daily membership.	61402

Payments made for a child under this section shall be	61403
determined in accordance with division (C)(4) of section 3313.64	61404
of the Revised Code.	61405

Sec. 3317.40. (A) As used in this section, "subgroup" means	61406
one of the following subsets of the entire student population of a	61407
school district or a school building:	61408

(1) Students with disabilities;

61409

(2) Economically disadvantaged students;

61410

(3) Limited English proficient students;

61411

(4) Students identified as gifted in superior cognitive	61412
ability and specific academic ability fields under Chapter 3324.	61413
of the Revised Code.	61414

(B) When funds are provided under this chapter specifically	61415
for services for a subgroup of students, the general assembly has	61416
determined that these students experience unique challenges	61417
requiring additional resources and intends that the funds so	61418
provided be used for services that will allow students in those	61419
subgroups to master the knowledge base required for high school	61420
graduation.	61421

(C) If a district or school fails to show satisfactory	61422
achievement and progress, as determined by the state board of	61423
education, for any subgroup of students based on performance	61424
measures reported or graded under section 3302.03 of the Revised	61425
Code, the district or school shall submit an improvement plan to	61426
the department for approval. The plan may be included in any other	61427
improvement plan required of the district or school under state or	61428
federal law. The department may require that a plan required under	61429
division (C) of this section include an agreement to partner with	61430
another organization that has demonstrated the ability to improve	61431
the educational outcome for that subgroup of students to provide	61432
services to those students. The partner organization may be	61433
another school, district, or other education provider.	61434

Not later than December 31, 2014, the state board of	61435
education shall establish measures of satisfactory achievement and	61436
progress, which include, but are not limited to, performance	61437
measures under section 3302.03 of the Revised Code. The department	61438
shall make the initial determination of satisfactory achievement	61439
and progress under this section using those measures not later	61440
than September 1, 2015, and then make determinations under this	61441
section annually thereafter.	61442

The department shall publish a list of schools, school	61443
districts, and other educational providers that have demonstrated	61444
an ability to serve each subgroup of students.	61445

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	61446
hereby created in the state treasury. The fund shall consist of	61447
certain excess local exchange telephone company contributions	61448
transferred from the reserve fund of the Ohio telecommunications	61449
advisory board pursuant to an agreement between the public	61450
utilities commission of Ohio and the Ohio department of education.	61451
The fund shall be used by the chancellor of the Ohio board of	61452
regents, in the amounts appropriated, to finance technology grants	61453
to state-chartered elementary and secondary schools. Investment	61454
earnings of the fund shall be credited to the fund.	61455

Sec. 3317.51. (A) The distance learning fund is hereby	61456
created in the state treasury. The fund shall consist of moneys	61457
paid ~~to the eTech Ohio commission~~ by any telephone company as a	61458
part of a settlement agreement between such company and the public	61459
utilities commission in fiscal year 1995 in part to establish	61460
distance learning throughout the state. The ~~commission~~chancellor	61461
of the Ohio board of regents shall administer the fund and expend	61462
moneys from it to finance technology grants to eligible schools	61463
chartered by the state board of education to establish distance	61464
learning in those schools. Chartered schools are eligible for	61465
funds if they are within the service area of the telephone	61466
company. Investment earnings of the fund shall be credited to the	61467
fund.	61468

(B) For purposes of this section, "distance learning" means	61469
the creation of a learning environment involving a school setting	61470
and at least one other location outside of the school which allows	61471
for information available at one site to be accessed at the other	61472
through the use of such educational applications as one-way or	61473
two-way transmission of data, voice, and video, singularly or in	61474
appropriate combinations.	61475

Sec. 3318.011. For purposes of providing assistance under	61476
sections 3318.01 to 3318.20 of the Revised Code, the department of	61477
education shall annually do all of the following:	61478

(A) Calculate the adjusted valuation per pupil of each city,	61479
local, and exempted village school district according to the	61480
following formula:	61481

The district's valuation per pupil -	61482

[$30,000 X (1 - the district's income factor)].	61483

For purposes of this calculation:

61484

(1) Except for a district with an open enrollment net gain	61485
that is ten per cent or more of its formula ADM, "valuation per	61486
pupil" for a district means its average taxable value, divided by	61487
its formula ADM for the previous fiscal year. "Valuation per	61488
pupil," for a district with an open enrollment net gain that is	61489
ten per cent or more of its formula ADM, means its average taxable	61490
value, divided by the sum of its formula ADM for the previous	61491
fiscal year plus its open enrollment net gain for the previous	61492
fiscal year.	61493

(2) "Average taxable value" means the average of the sum of	61494
the amounts certified for a district under divisions (A)(1) and	61495
(2) of section 3317.021 of the Revised Code in the second, third,	61496
and fourth preceding fiscal years.	61497

(3) "Entitled to attend school" means entitled to attend	61498
school in a city, local, or exempted village school district under	61499
section 3313.64 or 3313.65 of the Revised Code.	61500

(4) "Formula ADM" ~~and "income factor" have~~has the same	61501
~~meanings~~meaning as in section 3317.02 of the Revised Code.	61502

(5) "Native student" has the same meaning as in section	61503
3313.98 of the Revised Code.	61504

(6) "Open enrollment net gain" for a district means (a) the	61505
number of the students entitled to attend school in another	61506
district but who are enrolled in the schools of the district under	61507
its open enrollment policy minus (b) the number of the district's	61508
native students who are enrolled in the schools of another	61509
district under the other district's open enrollment policy, both	61510
numbers as certified to the department under section 3313.981 of	61511
the Revised Code. If the difference is a negative number, the	61512
district's "open enrollment net gain" is zero.	61513

(7) "Open enrollment policy" means an interdistrict open	61514
enrollment policy adopted under section 3313.98 of the Revised	61515
Code.	61516

(8) "District median income" means the median Ohio adjusted	61517
gross income certified for a school district under section	61518
3317.021 of the Revised Code.	61519

(9) "Statewide median income" means the median district	61520
median income of all city, exempted village, and local school	61521
districts in the state.	61522

(10) "Income factor" for a city, exempted village, or local	61523
school district means the quotient obtained by dividing that	61524
district's median income by the statewide median income.	61525

(B) Calculate for each district the three-year average of the	61526
adjusted valuations per pupil calculated for the district for the	61527
current and two preceding fiscal years;	61528

(C) Rank all such districts in order of adjusted valuation	61529
per pupil from the district with the lowest three-year average	61530
adjusted valuation per pupil to the district with the highest	61531
three-year average adjusted valuation per pupil;	61532

(D) Divide such ranking into percentiles with the first	61533
percentile containing the one per cent of school districts having	61534
the lowest three-year average adjusted valuations per pupil and	61535
the one-hundredth percentile containing the one per cent of school	61536
districts having the highest three-year average adjusted	61537
valuations per pupil;	61538

(E) Determine the school districts that have three-year	61539
average adjusted valuations per pupil that are greater than the	61540
median three-year average adjusted valuation per pupil for all	61541
school districts in the state;	61542

(F) On or before the first day of September, certify the	61543
information described in divisions (A) to (E) of this section to	61544
the Ohio school facilities commission.	61545

Sec. 3318.031. (A) The Ohio school facilities commission	61546
shall consider student and staff safety and health when reviewing	61547
design plans for classroom facility construction projects proposed	61548
under this chapter. After consulting with appropriate education,	61549
health, and law enforcement personnel, the commission may require	61550
as a condition of project approval under either section 3318.03 or	61551
division (B)(1) of section 3318.41 of the Revised Code such	61552
changes in the design plans as the commission believes will	61553
advance or improve student and staff safety and health in the	61554
proposed classroom facility.	61555

To carry out its duties under this division, the commission	61556
shall review and, if necessary, amend any construction and design	61557
standards used in its project approval process, including	61558
standards for location and number of exits, standards for lead	61559
safety in classroom facilities constructed before 1978 in which	61560
services are provided to children under six years of age, and	61561
location of restrooms, with a focus on advancing student and staff	61562
safety and health.	61563

(B) When reviewing design standards for classroom facility	61564
construction projects proposed under this chapter, the commission	61565
shall also consider the extent to which the design standards	61566
support the following:	61567

(1) ~~Support and facilitation of smaller classes and the trend~~	61568
~~toward smaller schools~~Trends in educational delivery methods,	61569
including digital access and blended learning;	61570

(2) Provision of sufficient space for training new teachers	61571
and promotion of collaboration among teaching candidates,	61572
experienced teachers, and teacher educators;	61573

(3) Provision of adequate space for teacher planning and	61574
collaboration;	61575

(4) Provision of adequate space for parent involvement	61576
activities;	61577

(5) Provision of sufficient space for innovative partnerships	61578
between schools and health and social service agencies.	61579

Sec. 3318.08. Except in the case of a joint vocational	61580
school district that receives assistance under sections 3318.40 to	61581
3318.45 of the Revised Code, if the requisite favorable vote on	61582
the election is obtained, or if the school district board has	61583
resolved to apply the proceeds of a property tax levy or the	61584
proceeds of an income tax, or a combination of proceeds from such	61585
taxes, as authorized in section 3318.052 of the Revised Code, the	61586
Ohio school facilities commission, upon certification to it of	61587
either the results of the election or the resolution under section	61588
3318.052 of the Revised Code, shall enter into a written agreement	61589
with the school district board for the construction and sale of	61590
the project. In the case of a joint vocational school district	61591
that receives assistance under sections 3318.40 to 3318.45 of the	61592
Revised Code, if the school district board of education and the	61593
school district electors have satisfied the conditions prescribed	61594
in division (D)(1) of section 3318.41 of the Revised Code, the	61595
commission shall enter into an agreement with the school district	61596
board for the construction and sale of the project. In either	61597
case, the agreement shall include, but need not be limited to, the	61598
following provisions:	61599

(A) The sale and issuance of bonds or notes in anticipation	61600
thereof, as soon as practicable after the execution of the	61601
agreement, in an amount equal to the school district's portion of	61602
the basic project cost, including any securities authorized under	61603
division (J) of section 133.06 of the Revised Code and dedicated	61604
by the school district board to payment of the district's portion	61605
of the basic project cost of the project; provided, that if at	61606
that time the county treasurer of each county in which the school	61607
district is located has not commenced the collection of taxes on	61608
the general duplicate of real and public utility property for the	61609
year in which the controlling board approved the project, the	61610
school district board shall authorize the issuance of a first	61611
installment of bond anticipation notes in an amount specified by	61612
the agreement, which amount shall not exceed an amount necessary	61613
to raise the net bonded indebtedness of the school district as of	61614
the date of the controlling board's approval to within five	61615
thousand dollars of the required level of indebtedness for the	61616
preceding year. In the event that a first installment of bond	61617
anticipation notes is issued, the school district board shall, as	61618
soon as practicable after the county treasurer of each county in	61619
which the school district is located has commenced the collection	61620
of taxes on the general duplicate of real and public utility	61621
property for the year in which the controlling board approved the	61622
project, authorize the issuance of a second and final installment	61623
of bond anticipation notes or a first and final issue of bonds.	61624

The combined value of the first and second installment of	61625
bond anticipation notes or the value of the first and final issue	61626
of bonds shall be equal to the school district's portion of the	61627
basic project cost. The proceeds of any such bonds shall be used	61628
first to retire any bond anticipation notes. Otherwise, the	61629
proceeds of such bonds and of any bond anticipation notes, except	61630
the premium and accrued interest thereon, shall be deposited in	61631
the school district's project construction fund. In determining	61632
the amount of net bonded indebtedness for the purpose of fixing	61633
the amount of an issue of either bonds or bond anticipation notes,	61634
gross indebtedness shall be reduced by moneys in the bond	61635
retirement fund only to the extent of the moneys therein on the	61636
first day of the year preceding the year in which the controlling	61637
board approved the project. Should there be a decrease in the tax	61638
valuation of the school district so that the amount of	61639
indebtedness that can be incurred on the tax duplicates for the	61640
year in which the controlling board approved the project is less	61641
than the amount of the first installment of bond anticipation	61642
notes, there shall be paid from the school district's project	61643
construction fund to the school district's bond retirement fund to	61644
be applied against such notes an amount sufficient to cause the	61645
net bonded indebtedness of the school district, as of the first	61646
day of the year following the year in which the controlling board	61647
approved the project, to be within five thousand dollars of the	61648
required level of indebtedness for the year in which the	61649
controlling board approved the project. The maximum amount of	61650
indebtedness to be incurred by any school district board as its	61651
share of the cost of the project is either an amount that will	61652
cause its net bonded indebtedness, as of the first day of the year	61653
following the year in which the controlling board approved the	61654
project, to be within five thousand dollars of the required level	61655
of indebtedness, or an amount equal to the required percentage of	61656
the basic project costs, whichever is greater. All bonds and bond	61657
anticipation notes shall be issued in accordance with Chapter 133.	61658
of the Revised Code, and notes may be renewed as provided in	61659
section 133.22 of the Revised Code.	61660

(B) The transfer of such funds of the school district board	61661
available for the project, together with the proceeds of the sale	61662
of the bonds or notes, except premium, accrued interest, and	61663
interest included in the amount of the issue, to the school	61664
district's project construction fund;	61665

(C) For all school districts except joint vocational school	61666
districts that receive assistance under sections 3318.40 to	61667
3318.45 of the Revised Code, the following provisions as	61668
applicable:	61669

(1) If section 3318.052 of the Revised Code applies, the	61670
earmarking of the proceeds of a tax levied under section 5705.21	61671
of the Revised Code for general permanent improvements or under	61672
section 5705.218 of the Revised Code for the purpose of permanent	61673
improvements, or the proceeds of a school district income tax	61674
levied under Chapter 5748. of the Revised Code, or the proceeds	61675
from a combination of those two taxes, in an amount to pay all or	61676
part of the service charges on bonds issued to pay the school	61677
district portion of the project and an amount equivalent to all or	61678
part of the tax required under division (B) of section 3318.05 of	61679
the Revised Code;	61680

(2) If section 3318.052 of the Revised Code does not apply,	61681
one of the following:	61682

(a) The levy of the tax authorized at the election for the	61683
payment of maintenance costs, as specified in division (B) of	61684
section 3318.05 of the Revised Code;	61685

(b) If the school district electors have approved a	61686
continuing tax for general permanent improvements under section	61687
5705.21 of the Revised Code and that tax can be used for	61688
maintenance, the earmarking of an amount of the proceeds from such	61689
tax for maintenance of classroom facilities as specified in	61690
division (B) of section 3318.05 of the Revised Code;	61691

(c) If, in lieu of the tax otherwise required under division	61692
(B) of section 3318.05 of the Revised Code, the commission has	61693
approved the transfer of money to the maintenance fund in	61694
accordance with section 3318.051 of the Revised Code, a	61695
requirement that the district board comply with the provisions of	61696
that section. The district board may rescind the provision	61697
prescribed under division (C)(2)(c) of this section only so long	61698
as the electors of the district have approved, in accordance with	61699
section 3318.063 of the Revised Code, the levy of a tax for the	61700
maintenance of the classroom facilities acquired under the	61701
district's project and that levy continues to be collected as	61702
approved by the electors.	61703

(D) For joint vocational school districts that receive	61704
assistance under sections 3318.40 to 3318.45 of the Revised Code,	61705
provision for deposit of school district moneys dedicated to	61706
maintenance of the classroom facilities acquired under those	61707
sections as prescribed in section 3318.43 of the Revised Code;	61708

(E) Dedication of any local donated contribution as provided	61709
for under section 3318.084 of the Revised Code, including a	61710
schedule for depositing such moneys applied as an offset of the	61711
district's obligation to levy the tax described in division (B) of	61712
section 3318.05 of the Revised Code as required under division	61713
(D)(2) of section 3318.084 of the Revised Code;	61714

(F) Ownership of or interest in the project during the period	61715
of construction, which shall be divided between the commission and	61716
the school district board in proportion to their respective	61717
contributions to the school district's project construction fund;	61718

(G) Maintenance of the state's interest in the project until	61719
any obligations issued for the project under section 3318.26 of	61720
the Revised Code are no longer outstanding;	61721

(H) The insurance of the project by the school district from	61722
the time there is an insurable interest therein and so long as the	61723
state retains any ownership or interest in the project pursuant to	61724
division (F) of this section, in such amounts and against such	61725
risks as the commission shall require; provided, that the cost of	61726
any required insurance until the project is completed shall be a	61727
part of the basic project cost;	61728

(I) The certification by the director of budget and	61729
management that funds are available and have been set aside to	61730
meet the state's share of the basic project cost as approved by	61731
the controlling board pursuant to either section 3318.04 or	61732
division (B)(1) of section 3318.41 of the Revised Code;	61733

(J) Authorization of the school district board to advertise	61734
for and receive construction bids for the project, for and on	61735
behalf of the commission, and to award contracts in the name of	61736
the state subject to approval by the commission;	61737

(K) Provisions for the disbursement of moneys from the school	61738
district's project account upon issuance by the commission or the	61739
commission's designated representative of vouchers for work done	61740
to be certified to the commission by the treasurer of the school	61741
district board;	61742

(L) Disposal of any balance left in the school district's	61743
project construction fund upon completion of the project;	61744

(M) Limitations upon use of the project or any part of it so	61745
long as any obligations issued to finance the project under	61746
section 3318.26 of the Revised Code are outstanding;	61747

(N) Provision for vesting the state's interest in the project	61748
to the school district board when the obligations issued to	61749
finance the project under section 3318.26 of the Revised Code are	61750
outstanding;	61751

(O) Provision for deposit of an executed copy of the	61752
agreement in the office of the commission;	61753

(P) Provision for termination of the contract and release of	61754
the funds encumbered at the time of the conditional approval, if	61755
the proceeds of the sale of the bonds of the school district board	61756
are not paid into the school district's project construction fund	61757
and if bids for the construction of the project have not been	61758
taken within such period after the execution of the agreement as	61759
may be fixed by the commission;	61760

(Q) Provision for the school district to maintain the project	61761
in accordance with a plan approved by the commission;	61762

(R) Provision that all state funds reserved and encumbered to	61763
pay the state share of the cost of the project and the funds	61764
provided by the school district to pay for its share of the	61765
project cost, including the respective shares of the cost of a	61766
segment if the project is divided into segments, be spent on the	61767
construction and acquisition of the project or segment	61768
simultaneously in proportion to the state's and the school	61769
district's respective shares of that basic project cost as	61770
determined under section 3318.032 of the Revised Code or, if the	61771
district is a joint vocational school district, under section	61772
3318.42 of the Revised Code. However, if the school district	61773
certifies to the commission that expenditure by the school	61774
district is necessary to maintain the federal tax status or	61775
tax-exempt status of notes or bonds issued by the school district	61776
to pay for its share of the project cost or to comply with	61777
applicable temporary investment periods or spending exceptions to	61778
rebate as provided for under federal law in regard to those notes	61779
or bonds, the school district may commit to spend, or spend, a	61780
greater portion of the funds it provides during any specific	61781
period than would otherwise be required under this division.	61782

(S) A provision stipulating that the commission may prohibit	61783
the district from proceeding with any project if the commission	61784
determines that the site is not suitable for construction	61785
purposes. The commission may perform soil tests in its	61786
determination of whether a site is appropriate for construction	61787
purposes.	61788

(T) A provision stipulating that, unless otherwise authorized	61789
by the commission, any contingency reserve portion of the	61790
construction budget prescribed by the commission shall be used	61791
only to pay costs resulting from unforeseen job conditions, to	61792
comply with rulings regarding building and other codes, to pay	61793
costs related to design clarifications or corrections to contract	61794
documents, and to pay the costs of settlements or judgments	61795
related to the project as provided under section 3318.086 of the	61796
Revised Code;	61797

(U) ~~Provision~~A provision stipulating that for continued	61798
release of project funds the school district board shall comply	61799
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	61800
throughout the project and shall notify the department of	61801
education and the Ohio community school association when the board	61802
plans to dispose of facilities by sale under that section;	61803

(V) ~~Provision~~A provision stipulating that the commission	61804
shall not approve a contract for demolition of a facility until	61805
the school district board has complied with ~~section~~sections	61806
3313.41 and 3313.411 of the Revised Code relative to that	61807
facility, unless demolition of that facility is to clear a site	61808
for construction of a replacement facility included in the	61809
district's project;	61810

(W) A requirement for the school district to adhere to a	61811
facilities maintenance plan approved by the commission.	61812

Sec. 3318.31. (A) The Ohio school facilities commission may	61813
perform any act and ensure the performance of any function	61814
necessary or appropriate to carry out the purposes of, and	61815
exercise the powers granted under, Chapter 3318. of the Revised	61816
Code, including any of the following:	61817

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	61818
the Revised Code, rules for the administration of programs	61819
authorized under Chapter 3318. of the Revised Code.	61820

(2) Contract with, retain the services of, or designate, and	61821
fix the compensation of, such agents, accountants, consultants,	61822
advisers, and other independent contractors as may be necessary or	61823
desirable to carry out the programs authorized under Chapter 3318.	61824
of the Revised Code, or authorize the executive director to	61825
perform such powers and duties.	61826

(3) Receive and accept any gifts, grants, donations, and	61827
pledges, and receipts therefrom, to be used for the programs	61828
authorized under Chapter 3318. of the Revised Code.	61829

(4) Make and enter into all contracts, commitments, and	61830
agreements, and execute all instruments, necessary or incidental	61831
to the performance of its duties and the execution of its rights	61832
and powers under Chapter 3318. of the Revised Code, or authorize	61833
the executive director or the Ohio facilities construction	61834
commission to perform such powers and duties.	61835

(5) Request the Ohio facilities construction commission to	61836
debar a contractor as provided in section 153.02 of the Revised	61837
Code.	61838

(B) The ~~Ohio school facilities commission shall appoint and~~	61839
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	61840
facilities construction commission, as appointed under division	61841
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	61842
~~pleasure of~~as the executive director for the Ohio school	61843
facilities commission. The executive director shall exercise all	61844
powers that the Ohio school facilities commission possesses,	61845
supervise the operations of the Ohio school facilities commission	61846
and perform such other duties as delegated by the Ohio school	61847
facilities commission. The executive director also shall employ	61848
and fix the compensation of such employees as will facilitate the	61849
activities and purposes of the Ohio school facilities commission,	61850
who shall serve at the pleasure of the executive director. The	61851
employees of the Ohio school facilities commission shall be exempt	61852
from Chapter 4117. of the Revised Code and shall not be public	61853
employees as defined in section 4117.01 of the Revised Code. Any	61854
agreement entered into prior to July 1, 2012, between the office	61855
of collective bargaining and the exclusive representative for	61856
employees of the commission is binding and shall continue to have	61857
effect.	61858

(C) The attorney general shall serve as the legal	61859
representative for the Ohio school facilities commission and may	61860
appoint other counsel as necessary for that purpose in accordance	61861
with section 109.07 of the Revised Code.	61862

Sec. 3318.36. (A)(1) As used in this section:

61863

(a) "Ohio school facilities commission," "classroom	61864
facilities," "school district," "school district board," "net	61865
bonded indebtedness," "required percentage of the basic project	61866
costs," "basic project cost," "valuation," and "percentile" have	61867
the same meanings as in section 3318.01 of the Revised Code.	61868

(b) "Required level of indebtedness" means five per cent of	61869
the school district's valuation for the year preceding the year in	61870
which the commission and school district enter into an agreement	61871
under division (B) of this section, plus [two one-hundredths of	61872
one per cent multiplied by (the percentile in which the district	61873
ranks minus one)].	61874

(c) "Local resources" means any moneys generated in any	61875
manner permitted for a school district board to raise the school	61876
district portion of a project undertaken with assistance under	61877
sections 3318.01 to 3318.20 of the Revised Code.	61878

(d) "Tangible personal property phase-out impacted district"	61879
means a school district for which the taxable value of its	61880
tangible personal property certified under division (A)(2) of	61881
section 3317.021 of the Revised Code for tax year 2005, excluding	61882
the taxable value of public utility personal property, made up	61883
eighteen per cent or more of its total taxable value for tax year	61884
2005 as certified under that section.	61885

(2) For purposes of determining the required level of	61886
indebtedness, the required percentage of the basic project costs	61887
under division (C)(1) of this section, and priority for assistance	61888
under sections 3318.01 to 3318.20 of the Revised Code, the	61889
percentile ranking of a school district with which the commission	61890
has entered into an agreement under this section between the first	61891
day of July and the thirty-first day of August in each fiscal year	61892
is the percentile ranking calculated for that district for the	61893
immediately preceding fiscal year, and the percentile ranking of a	61894
school district with which the commission has entered into such	61895
agreement between the first day of September and the thirtieth day	61896
of June in each fiscal year is the percentile ranking calculated	61897
for that district for the current fiscal year. However, in the	61898
case of a tangible personal property phase-out impacted district,	61899
the district's priority for assistance under sections 3318.01 to	61900
3318.20 of the Revised Code and its portion of the basic project	61901
cost under those sections shall be determined in the manner	61902
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	61903
this section.	61904

(B)(1) There is hereby established the school building	61905
assistance expedited local partnership program. Under the program,	61906
the Ohio school facilities commission may enter into an agreement	61907
with the board of any school district under which the board may	61908
proceed with the new construction or major repairs of a part of	61909
the district's classroom facilities needs, as determined under	61910
sections 3318.01 to 3318.20 of the Revised Code, through the	61911
expenditure of local resources prior to the school district's	61912
eligibility for state assistance under those sections, and may	61913
apply that expenditure toward meeting the school district's	61914
portion of the basic project cost of the total of the district's	61915
classroom facilities needs, as recalculated under division (E) of	61916
this section, when the district becomes eligible for state	61917
assistance under sections 3318.01 to 3318.20 or section 3318.364	61918
of the Revised Code. Any school district that is reasonably	61919
expected to receive assistance under sections 3318.01 to 3318.20	61920
of the Revised Code within two fiscal years from the date the	61921
school district adopts its resolution under division (B) of this	61922
section shall not be eligible to participate in the program	61923
established under this section.	61924

(2) To participate in the program, a school district board	61925
shall first adopt a resolution certifying to the commission the	61926
board's intent to participate in the program.	61927

The resolution shall specify the approximate date that the	61928
board intends to seek elector approval of any bond or tax measures	61929
or to apply other local resources to use to pay the cost of	61930
classroom facilities to be constructed under this section. The	61931
resolution may specify the application of local resources or	61932
elector-approved bond or tax measures after the resolution is	61933
adopted by the board, and in such case the board may proceed with	61934
a discrete portion of its project under this section as soon as	61935
the commission and the controlling board have approved the basic	61936
project cost of the district's classroom facilities needs as	61937
specified in division (D) of this section. The board shall submit	61938
its resolution to the commission not later than ten days after the	61939
date the resolution is adopted by the board.	61940

The commission shall not consider any resolution that is	61941
submitted pursuant to division (B)(2) of this section, as amended	61942
by this amendment, sooner than September 14, 2000.	61943

(3) For purposes of determining when a district that enters	61944
into an agreement under this section becomes eligible for	61945
assistance under sections 3318.01 to 3318.20 of the Revised Code	61946
or priority for assistance under section 3318.364 of the Revised	61947
Code, the commission shall use one of the following as applicable:	61948

(a) Except for a tangible personal property phase-out	61949
impacted district, the district's percentile ranking determined at	61950
the time the district entered into the agreement under this	61951
section, as prescribed by division (A)(2) of this section;	61952

(b) For a tangible personal property phase-out impacted	61953
district, the lesser of (i) the district's percentile ranking	61954
determined at the time the district entered into the agreement	61955
under this section, as prescribed by division (A)(2) of this	61956
section, or (ii) the district's current percentile ranking under	61957
section 3318.011 of the Revised Code.	61958

(4) Any project under this section shall comply with section	61959
3318.03 of the Revised Code and with any specifications for plans	61960
and materials for classroom facilities adopted by the commission	61961
under section 3318.04 of the Revised Code.	61962

(5) If a school district that enters into an agreement under	61963
this section has not begun a project applying local resources as	61964
provided for under that agreement at the time the district is	61965
notified by the commission that it is eligible to receive state	61966
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61967
all assessment and agreement documents entered into under this	61968
section are void.	61969

(6) Only construction of or repairs to classroom facilities	61970
that have been approved by the commission and have been therefore	61971
included as part of a district's basic project cost qualify for	61972
application of local resources under this section.	61973

(C) Based on the results of on-site visits and assessment,	61974
the commission shall determine the basic project cost of the	61975
school district's classroom facilities needs. The commission shall	61976
determine the school district's portion of such basic project	61977
cost, which shall be the greater of:	61978

(1) The required percentage of the basic project costs,	61979
determined based on the school district's percentile ranking;	61980

(2) An amount necessary to raise the school district's net	61981
bonded indebtedness, as of the fiscal year the commission and the	61982
school district enter into the agreement under division (B) of	61983
this section, to within five thousand dollars of the required	61984
level of indebtedness.	61985

(D)(1) When the commission determines the basic project cost	61986
of the classroom facilities needs of a school district and the	61987
school district's portion of that basic project cost under	61988
division (C) of this section, the project shall be conditionally	61989
approved. Such conditional approval shall be submitted to the	61990
controlling board for approval thereof. The controlling board	61991
shall forthwith approve or reject the commission's determination,	61992
conditional approval, and the amount of the state's portion of the	61993
basic project cost; however, no state funds shall be encumbered	61994
under this section. Upon approval by the controlling board, the	61995
school district board may identify a discrete part of its	61996
classroom facilities needs, which shall include only new	61997
construction of or additions or major repairs to a particular	61998
building, to address with local resources. Upon identifying a part	61999
of the school district's basic project cost to address with local	62000
resources, the school district board may allocate any available	62001
school district moneys to pay the cost of that identified part,	62002
including the proceeds of an issuance of bonds if approved by the	62003
electors of the school district.	62004

All local resources utilized under this division shall first	62005
be deposited in the project construction account required under	62006
section 3318.08 of the Revised Code.	62007

(2) Unless the school district board exercises its option	62008
under division (D)(3) of this section, for a school district to	62009
qualify for participation in the program authorized under this	62010
section, one of the following conditions shall be satisfied:	62011

(a) The electors of the school district by a majority vote	62012
shall approve the levy of taxes outside the ten-mill limitation	62013
for a period of twenty-three years at the rate of not less than	62014
one-half mill for each dollar of valuation to be used to pay the	62015
cost of maintaining the classroom facilities included in the basic	62016
project cost as determined by the commission. The form of the	62017
ballot to be used to submit the question whether to approve the	62018
tax required under this division to the electors of the school	62019
district shall be the form for an additional levy of taxes	62020
prescribed in section 3318.361 of the Revised Code, which may be	62021
combined in a single ballot question with the questions prescribed	62022
under section 5705.218 of the Revised Code.	62023

(b) As authorized under division (C) of section 3318.05 of	62024
the Revised Code, the school district board shall earmark from the	62025
proceeds of a permanent improvement tax levied under section	62026
5705.21 of the Revised Code, an amount equivalent to the	62027
additional tax otherwise required under division (D)(2)(a) of this	62028
section for the maintenance of the classroom facilities included	62029
in the basic project cost as determined by the commission.	62030

(c) As authorized under section 3318.051 of the Revised Code,	62031
the school district board shall, if approved by the commission,	62032
annually transfer into the maintenance fund required under section	62033
3318.05 of the Revised Code the amount prescribed in section	62034
3318.051 of the Revised Code in lieu of the tax otherwise required	62035
under division (D)(2)(a) of this section for the maintenance of	62036
the classroom facilities included in the basic project cost as	62037
determined by the commission.	62038

(d) If the school district board has rescinded the agreement	62039
to make transfers under section 3318.051 of the Revised Code, as	62040
provided under division (F) of that section, the electors of the	62041
school district, in accordance with section 3318.063 of the	62042
Revised Code, first shall approve the levy of taxes outside the	62043
ten-mill limitation for the period specified in that section at a	62044
rate of not less than one-half mill for each dollar of valuation.	62045

(e) The school district board shall apply the proceeds of a	62046
tax to leverage bonds as authorized under section 3318.052 of the	62047
Revised Code or dedicate a local donated contribution in the	62048
manner described in division (B) of section 3318.084 of the	62049
Revised Code in an amount equivalent to the additional tax	62050
otherwise required under division (D)(2)(a) of this section for	62051
the maintenance of the classroom facilities included in the basic	62052
project cost as determined by the commission.	62053

(3) A school district board may opt to delay taking any of	62054
the actions described in division (D)(2) of this section until the	62055
school district becomes eligible for state assistance under	62056
sections 3318.01 to 3318.20 of the Revised Code. In order to	62057
exercise this option, the board shall certify to the commission a	62058
resolution indicating the board's intent to do so prior to	62059
entering into an agreement under division (B) of this section.	62060

(4) If pursuant to division (D)(3) of this section a district	62061
board opts to delay levying an additional tax until the district	62062
becomes eligible for state assistance, it shall submit the	62063
question of levying that tax to the district electors as follows:	62064

(a) In accordance with section 3318.06 of the Revised Code if	62065
it will also be necessary pursuant to division (E) of this section	62066
to submit a proposal for approval of a bond issue;	62067

(b) In accordance with section 3318.361 of the Revised Code	62068
if it is not necessary to also submit a proposal for approval of a	62069
bond issue pursuant to division (E) of this section.	62070

(5) No state assistance under sections 3318.01 to 3318.20 of	62071
the Revised Code shall be released until a school district board	62072
that adopts and certifies a resolution under division (D) of this	62073
section also demonstrates to the satisfaction of the commission	62074
compliance with the provisions of division (D)(2) of this section.	62075

Any amount required for maintenance under division (D)(2) of	62076
this section shall be deposited into a separate fund as specified	62077
in division (B) of section 3318.05 of the Revised Code.	62078

(E)(1) If the school district becomes eligible for state	62079
assistance under sections 3318.01 to 3318.20 of the Revised Code	62080
based on its percentile ranking under division (B)(3) of this	62081
section or is offered assistance under section 3318.364 of the	62082
Revised Code, the commission shall conduct a new assessment of the	62083
school district's classroom facilities needs and shall recalculate	62084
the basic project cost based on this new assessment. The basic	62085
project cost recalculated under this division shall include the	62086
amount of expenditures made by the school district board under	62087
division (D)(1) of this section. The commission shall then	62088
recalculate the school district's portion of the new basic project	62089
cost, which shall be one of the following as applicable:	62090

(a) Except for a tangible personal property phase-out	62091
impacted district, the percentage of the original basic project	62092
cost assigned to the school district as its portion under division	62093
(C) of this section;	62094

(b) For a tangible personal property phase-out impacted	62095
district, the lesser of (i) the percentage of the original basic	62096
project cost assigned to the school district as its portion under	62097
division (C) of this section, or (ii) the percentage of the new	62098
basic project cost determined under section 3318.032 of the	62099
Revised Code using the district's current percentile ranking under	62100
section 3318.011 of the Revised Code. ~~The~~	62101

The commission shall deduct the expenditure of school	62102
district moneys made under division (D)(1) of this section from	62103
the school district's portion of the basic project cost as	62104
recalculated under this division. If the amount of school district	62105
resources applied by the school district board to the school	62106
district's portion of the basic project cost under this section is	62107
less than the total amount of such portion as recalculated under	62108
this division, the school district board by a majority vote of all	62109
of its members shall, if it desires to seek state assistance under	62110
sections 3318.01 to 3318.20 of the Revised Code, adopt a	62111
resolution as specified in section 3318.06 of the Revised Code to	62112
submit to the electors of the school district the question of	62113
approval of a bond issue in order to pay any additional amount of	62114
school district portion required for state assistance. Any tax	62115
levy approved under division (D) of this section satisfies the	62116
requirements to levy the additional tax under section 3318.06 of	62117
the Revised Code.	62118

(2) If the amount of school district resources applied by the	62119
school district board to the school district's portion of the	62120
basic project cost under this section is more than the total	62121
amount of such portion as recalculated under ~~this~~ division (E)(1)	62122
of this section, within one year after the school district's	62123
portion is so recalculated ~~under division (E)(1) of this section~~	62124
the commission may grant to the school district the difference	62125
between the two calculated portions, but at no time shall the	62126
commission expend any state funds on a project in an amount	62127
greater than the state's portion of the basic project cost as	62128
recalculated under ~~this~~ division (E)(1) of this section.	62129

Any reimbursement under this division shall be only for local	62130
resources the school district has applied toward construction cost	62131
expenditures for the classroom facilities approved by the	62132
commission, which shall not include any financing costs associated	62133
with that construction.	62134

The school district board shall use any moneys reimbursed to	62135
the district under this division to pay off any debt service the	62136
district owes for classroom facilities constructed under its	62137
project under this section before such moneys are applied to any	62138
other purpose. However, the district board first may deposit	62139
moneys reimbursed under this division into the district's general	62140
fund or a permanent improvement fund to replace local resources	62141
the district withdrew from those funds, as long as, and to the	62142
extent that, those local resources were used by the district for	62143
constructing classroom facilities included in the district's basic	62144
project cost.	62145

(3) A tangible personal property phase-out impacted district	62146
shall receive credit under division (E) of this section for the	62147
expenditure of local resources pursuant to any prior agreement	62148
authorized by this section, notwithstanding any recalculation of	62149
its average taxable value.	62150

Sec. 3318.363. (A) This section applies beginning in fiscal	62151
year 2003 and only to a school district participating in the	62152
school building assistance expedited local partnership program	62153
under section 3318.36 of the Revised Code.	62154

(B) If there is a decrease in the tax valuation of a school	62155
district to which this section applies by ten per cent or greater	62156
from one tax year to the next due to a decrease in the assessment	62157
rate of the taxable property of an electric company that owns	62158
property in the district, as provided for in section 5727.111 of	62159
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	62160
General Assembly, the Ohio school facilities commission shall	62161
calculate or recalculate the state and school district portions of	62162
the basic project cost of the school district's project by	62163
determining the percentile rank in which the district would be	62164
located if such ranking were made using the adjusted valuation per	62165
pupil calculated under division (C) of this section rather than	62166
the three-year average adjusted valuation per pupil, calculated	62167
under division (B) of section 3318.011 of the Revised Code. For	62168
such district, the required percentage of the basic project cost	62169
used to determine the state and school district shares of that	62170
cost under division (C) of section 3318.36 of the Revised Code	62171
shall be based on the percentile rank as calculated under this	62172
section rather than as otherwise provided in division (C)(1) of	62173
section 3318.36 of the Revised Code. If the commission has	62174
determined the state and school district portion of the basic	62175
project cost of such a district's project under section 3318.36 of	62176
the Revised Code prior to that decrease in tax valuation, the	62177
commission shall adjust the state and school district shares of	62178
the basic project cost of such project in accordance with this	62179
section.	62180

(C)(1) As used in divisions (C) and (D) of this section,	62181
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	62182
the same meanings as in section 3317.02 of the Revised Code, and	62183
"income factor" has the same meaning as in section 3318.011 of the	62184
Revised Code.	62185

(2) The adjusted valuation per pupil for a school district to	62186
which this section applies shall be calculated using the following	62187
formula:	62188

(The district's total taxable value for the tax year	62189
preceding the calendar year in which the current fiscal year	62190
begins / the district's formula ADM for the previous fiscal year)	62191
- [$30,000 x (1 - the district's income factor)].	62192

(D) At the request of the Ohio school facilities commission,	62193
the department of education shall report a district's total	62194
taxable value for the tax year preceding the calendar year in	62195
which the current fiscal year begins for any district to which	62196
this section applies as that information has been certified to the	62197
department by the tax commissioner pursuant to section 3317.021 of	62198
the Revised Code.	62199

Sec. 3319.031. Notwithstanding any provision of the Revised	62200
Code to the contrary, if the board of education of a city, local,	62201
or exempted village school district does not appoint a business	62202
manager under section 3319.03 of the Revised Code, the board may	62203
assign powers and duties specified in section 3319.04 of the	62204
Revised Code to one or more employees or officers of the board,	62205
including the treasurer, and may give the employees or officers	62206
any title recognizing the assignment of the powers and duties. The	62207
prohibition, in section 3319.04 of the Revised Code, against a	62208
business manager having possession of moneys does not prevent a	62209
board from assigning powers and duties specified in that section	62210
to the treasurer and does not prevent a treasurer who is assigned	62211
those powers and duties from exercising the powers and duties of	62212
treasurer. If the board assigns the duties of a business manager	62213
under section 3319.04 of the Revised Code to the treasurer, the	62214
treasurer shall not have the authority to make recommendations to	62215
appoint or discharge noneducational employees, except as provided	62216
under section 3313.31 of the Revised Code. Instead, the district	62217
superintendent shall be responsible for making recommendations,	62218
subject to confirmation by the board, for the appointment or	62219
discharge of noneducational employees.	62220

Sec. 3319.07. (A) The board of education of each city,	62221
exempted village, local, and joint vocational school district	62222
shall employ the teachers of the public schools of their	62223
respective districts.	62224

The governing board of each educational service center may	62225
employ special instruction teachers, special education teachers,	62226
and teachers of academic courses in which there are too few	62227
students in each of the school districts entering into agreements	62228
pursuant to section 3313.843 of the Revised Code to warrant each	62229
district's employing teachers for those courses.	62230

When any board makes appointments of teachers, the teachers	62231
in the employ of the board shall be considered before new teachers	62232
are chosen in their stead. In all school districts and in service	62233
centers, no teacher shall be employed unless such person is	62234
nominated by the superintendent of such district or center, or by	62235
another individual designated by the board in the event that the	62236
superintendent's nomination would be a violation of section	62237
2921.42 of the Revised Code. Such board, by a three-fourths vote	62238
of its full membership, may re-employ any teacher whom the	62239
superintendent refuses to appoint.	62240

(B) The board of education of any school district may	62241
contract with the governing board of the educational service	62242
center from which it otherwise receives services to conduct	62243
searches and recruitment of candidates for teacher positions.	62244

Sec. 3319.073. (A) The board of education of each city and	62245
exempted village school district and the governing board of each	62246
educational service center shall adopt or adapt the curriculum	62247
developed by the department of education for, or shall develop in	62248
consultation with public or private agencies or persons involved	62249
in child abuse prevention or intervention programs, a program of	62250
in-service training in the prevention of child abuse, violence,	62251
and substance abuse and the promotion of positive youth	62252
development. Each person employed by any school district or	62253
service center to work in a school as a nurse, teacher, counselor,	62254
school psychologist, or administrator shall complete at least four	62255
hours of the in-service training within two years of commencing	62256
employment with the district or center, and every five years	62257
thereafter. A person who is employed by any school district or	62258
service center to work in an elementary school as a nurse,	62259
teacher, counselor, school psychologist, or administrator on March	62260
30, 2007, shall complete at least four hours of the in-service	62261
training not later than March 30, 2009, and every five years	62262
thereafter. A person who is employed by any school district or	62263
service center to work in a middle or high school as a nurse,	62264
teacher, counselor, school psychologist, or administrator on	62265
October 16, 2009, shall complete at least four hours of the	62266
in-service training not later than October 16, 2011, and every	62267
five years thereafter.	62268

(B) Each board shall incorporate training in school safety	62269
and violence prevention, including human trafficking content, into	62270
the in-service training required by division (A) of this section.	62271
For this purpose, the board shall adopt or adapt the curriculum	62272
developed by the department or shall develop its own curriculum in	62273
consultation with public or private agencies or persons involved	62274
in school safety and violence prevention programs.	62275

(C) Each board shall incorporate training on the board's	62276
harassment, intimidation, or bullying policy adopted under section	62277
3313.666 of the Revised Code into the in-service training required	62278
by division (A) of this section. Each board also shall incorporate	62279
training in the prevention of dating violence into the in-service	62280
training required by that division for middle and high school	62281
employees. The board shall develop its own curricula for these	62282
purposes.	62283

(D) Each board shall incorporate training in youth suicide	62284
awareness and prevention into the in-service training required by	62285
division (A) of this section for each person employed by a school	62286
district or service center to work in a school as a nurse,	62287
teacher, counselor, school psychologist, or administrator, and any	62288
other personnel that the board determines appropriate. For this	62289
purpose, the board shall adopt or adapt the curriculum developed	62290
by the department or shall develop its own curriculum in	62291
consultation with public or private agencies or persons involved	62292
in youth suicide awareness and prevention programs.	62293

The training completed under this division shall count toward	62294
the satisfaction of requirements for professional development	62295
required by the school district or service center board, and the	62296
training may be accomplished through self-review of suitable	62297
suicide prevention materials approved by the board.	62298

Sec. 3319.0811. IfExcept as provided in section 3319.0812 of	62299
the Revised Code, if the board of education of a school district	62300
offers to students of compulsory school age courses for high	62301
school credit that are taught at times outside the district's	62302
normal school day, the board shall enter into supplemental	62303
contracts under section 3319.08 of the Revised Code with the	62304
teachers assigned to teach those courses and shall not include	62305
such assignment of duties within the teachers' regular employment	62306
contracts under that section.	62307

Sec. 3319.0812. (A) As used in this section, "extended	62308
programming" means extended programming as described in section	62309
3301.0725 of the Revised Code.	62310

(B) The board of education of a school district shall pay a	62311
licensed educator who is providing extended programming on an	62312
hourly basis at the regular per diem rate determined under the	62313
licensed educator's employment contract or collective bargaining	62314
agreement.	62315

(C) A licensed educator shall not provide more than eight	62316
hours of extended programming in a twenty-four-hour day.	62317

Sec. 3319.112. (A) Not later than December 31, 2011, the	62318
state board of education shall develop a standards-based state	62319
framework for the evaluation of teachers. The state board may	62320
update the framework periodically by adoption of a resolution. The	62321
framework shall establish an evaluation system that does the	62322
following:	62323

(1) Provides for multiple evaluation factors. One factor	62324
shall be student academic growth which shall account for ~~fifty~~	62325
thirty-five per cent of each evaluation. A school district may	62326
attribute an additional percentage to the academic growth factor,	62327
not to exceed fifteen per cent of each evaluation. When applicable	62328
to the grade level or subject area taught by a teacher, the	62329
value-added progress dimension established under section 3302.021	62330
of the Revised Code or an alternative student academic progress	62331
measure if adopted under division (C)(1)(e) of section 3302.03 of	62332
the Revised Code shall be used in the student academic growth	62333
portion of an evaluation in proportion to the part of a teacher's	62334
schedule of courses or subjects for which the value-added progress	62335
dimension is applicable.	62336

If a teacher's schedule is comprised only of courses or	62337
subjects for which the value-added progress dimension is	62338
applicable, one of the following applies:	62339

(a) Beginning with ~~the effective date of this amendment~~March	62340
22, 2013, until June 30, 2014, the majority of the student	62341
academic growth factor of the evaluation shall be based on the	62342
value-added progress dimension.	62343

(b) On or after July 1, 2014, the entire student academic	62344
growth factor of the evaluation shall be based on the value-added	62345
progress dimension. In calculating student academic growth for an	62346
evaluation, a student shall not be included if the student has	62347
~~sixty~~thirty or more excused or unexcused absences for the school	62348
year.	62349

(2) Is aligned with the standards for teachers adopted under	62350
section 3319.61 of the Revised Code;	62351

(3) Requires observation of the teacher being evaluated,	62352
including at least two formal observations by the evaluator of at	62353
least thirty minutes each and classroom walkthroughs;	62354

(4) Assigns a rating on each evaluation in accordance with	62355
division (B) of this section;	62356

(5) Requires each teacher to be provided with a written	62357
report of the results of the teacher's evaluation;	62358

(6) Identifies measures of student academic growth for grade	62359
levels and subjects for which the value-added progress dimension	62360
prescribed by section 3302.021 of the Revised Code or an	62361
alternative student academic progress measure if adopted under	62362
division (C)(1)(e) of section 3302.03 of the Revised Code does not	62363
apply;	62364

(7) Implements a classroom-level, value-added program	62365
developed by a nonprofit organization described in division (B) of	62366
section 3302.021 of the Revised Code or an alternative student	62367
academic progress measure if adopted under division (C)(1)(e) of	62368
section 3302.03 of the Revised Code;	62369

(8) Provides for professional development to accelerate and	62370
continue teacher growth and provide support to poorly performing	62371
teachers;	62372

(9) Provides for the allocation of financial resources to	62373
support professional development.	62374

(B) For purposes of the framework developed under this	62375
section, the state board also shall do the following:	62376

(1) Develop specific standards and criteria that distinguish	62377
between the following levels of performance for teachers and	62378
principals for the purpose of assigning ratings on the evaluations	62379
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	62380
of the Revised Code:	62381

(a) Accomplished;

62382

(b) Proficient;

62383

62384

(d) Ineffective.

62385

(2) For grade levels and subjects for which the assessments	62386
prescribed under sections 3301.0710 and 3301.0712 of the Revised	62387
Code and the value-added progress dimension prescribed by section	62388
3302.021 of the Revised Code, or alternative student academic	62389
progress measure, do not apply, develop a list of student	62390
assessments that measure mastery of the course content for the	62391
appropriate grade level, which may include nationally normed	62392
standardized assessments, industry certification examinations, or	62393
end-of-course examinations.	62394

(C) The state board shall consult with experts, teachers and	62395
principals employed in public schools, and representatives of	62396
stakeholder groups in developing the standards and criteria	62397
required by division (B)(1) of this section.	62398

(D) To assist school districts in developing evaluation	62399
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	62400
the Revised Code, the department shall do both of the following:	62401

(1) Serve as a clearinghouse of promising evaluation	62402
procedures and evaluation models that districts may use;	62403

(2) Provide technical assistance to districts in creating	62404
evaluation policies.	62405

(E) Not later than June 30, 2013, the state board, in	62406
consultation with state agencies that employ teachers, shall	62407
develop a standards-based framework for the evaluation of teachers	62408
employed by those agencies. Each state agency that employs	62409
teachers shall adopt a standards-based teacher evaluation policy	62410
that conforms with the framework developed under this division.	62411
The policy shall become operative at the expiration of any	62412
collective bargaining agreement covering teachers employed by the	62413
agency that is in effect on September 24, 2012, and shall be	62414
included in any renewal or extension of such an agreement.	62415
However, this division does not apply to any person who is	62416
employed as a substitute teacher or as an instructor of adult	62417
education.	62418

Sec. 3319.17. (A) As used in this section, "interdistrict	62419
contract" means any contract or agreement entered into by an	62420
educational service center governing board and another board or	62421
other public entity pursuant to section 3313.17, 3313.841,	62422
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	62423
Revised Code, including any such contract or agreement for the	62424
provision of services funded under division (E) of section	62425
3317.024 of the Revised Code ~~or provided in any unit approved~~	62426
~~under section 3317.05 of the Revised Code~~.	62427

(B) When, for any of the following reasons that apply to any	62428
city, exempted village, local, or joint vocational school district	62429
or any educational service center, the board decides that it will	62430
be necessary to reduce the number of teachers it employs, it may	62431
make a reasonable reduction:	62432

(1) In the case of any district or service center, return to	62433
duty of regular teachers after leaves of absence including	62434
suspension of schools, territorial changes affecting the district	62435
or center, or financial reasons;	62436

(2) In the case of any city, exempted village, local, or	62437
joint vocational school district, decreased enrollment of pupils	62438
in the district;	62439

(3) In the case of any governing board of a service center	62440
providing any particular service directly to pupils pursuant to	62441
one or more interdistrict contracts requiring such service,	62442
reduction in the total number of pupils the governing board is	62443
required to provide with the service under all interdistrict	62444
contracts as a result of the termination or nonrenewal of one or	62445
more of these interdistrict contracts;	62446

(4) In the case of any governing board providing any	62447
particular service that it does not provide directly to pupils	62448
pursuant to one or more interdistrict contracts requiring such	62449
service, reduction in the total level of the service the governing	62450
board is required to provide under all interdistrict contracts as	62451
a result of the termination or nonrenewal of one or more of these	62452
interdistrict contracts.	62453

(C) In making any such reduction, any city, exempted village,	62454
local, or joint vocational school board shall proceed to suspend	62455
contracts in accordance with the recommendation of the	62456
superintendent of schools who shall, within each teaching field	62457
affected, give preference to teachers on continuing contracts. The	62458
board shall not give preference to any teacher based on seniority,	62459
except when making a decision between teachers who have comparable	62460
evaluations.	62461

On a case-by-case basis, in lieu of suspending a contract in	62462
whole, a board may suspend a contract in part, so that an	62463
individual is required to work a percentage of the time the	62464
employee otherwise is required to work under the contract and	62465
receives a commensurate percentage of the full compensation the	62466
employee otherwise would receive under the contract.	62467

The teachers whose continuing contracts are suspended by any	62468
board pursuant to this section shall have the right of restoration	62469
to continuing service status by that board if and when teaching	62470
positions become vacant or are created for which any of such	62471
teachers are or become qualified. No teacher whose continuing	62472
contract has been suspended pursuant to this section shall lose	62473
that right of restoration to continuing service status by reason	62474
of having declined recall to a position that is less than	62475
full-time or, if the teacher was not employed full-time just prior	62476
to suspension of the teacher's continuing contract, to a position	62477
requiring a lesser percentage of full-time employment than the	62478
position the teacher last held while employed in the district or	62479
service center. Seniority shall not be the basis for rehiring a	62480
teacher, except when making a decision between teachers who have	62481
comparable evaluations.	62482

(D) Notwithstanding any provision to the contrary in Chapter	62483
4117. of the Revised Code:	62484

(1) The requirements of this section, as it existed prior to	62485
~~the effective date of this amendment~~September 29, 2011, prevail	62486
over any conflicting provisions of agreements between employee	62487
organizations and public employers entered into between September	62488
29, 2005, and ~~that effective date~~September 29, 2011;	62489

(2) The requirements of this section, as it exists on and	62490
after ~~the effective date of this amendment~~September 29, 2011,	62491
prevail over any conflicting provisions of agreements between	62492
employee organizations and public employers entered into on or	62493
after ~~that effective date~~September 29, 2011.	62494

Sec. 3319.22. (A)(1) The state board of education shall	62495
issue the following educator licenses:	62496

(a) A resident educator license, which shall be valid for	62497
four years, except that the state board, on a case-by-case basis,	62498
may extend the license's duration as necessary to enable the	62499
license holder to complete the Ohio teacher residency program	62500
established under section 3319.223 of the Revised Code;	62501

(b) A professional educator license, which shall be valid for	62502
five years and shall be renewable;	62503

(c) A senior professional educator license, which shall be	62504
valid for five years and shall be renewable;	62505

(d) A lead professional educator license, which shall be	62506
valid for five years and shall be renewable.	62507

(2) The state board may issue any additional educator	62508
licenses of categories, types, and levels the board elects to	62509
provide.	62510

(3) The state board shall adopt rules establishing the	62511
standards and requirements for obtaining each educator license	62512
issued under this section.	62513

(B) The rules adopted under this section shall require at	62514
least the following standards and qualifications for the educator	62515
licenses described in division (A)(1) of this section:	62516

(1) An applicant for a resident educator license shall hold	62517
at least a bachelor's degree from an accredited teacher	62518
preparation program or be a participant in the teach for America	62519
program and meet the qualifications required under section	62520
3319.227 of the Revised Code.	62521

(2) An applicant for a professional educator license shall:

62522

(a) Hold at least a bachelor's degree from an institution of	62523
higher education accredited by a regional accrediting	62524
organization;	62525

(b) Have successfully completed the Ohio teacher residency	62526
program established under section 3319.223 of the Revised Code, if	62527
the applicant's current or most recently issued license is a	62528
resident educator license issued under this section or an	62529
alternative resident educator license issued under section 3319.26	62530
of the Revised Code.	62531

(3) An applicant for a senior professional educator license	62532
shall:	62533

(a) Hold at least a master's degree from an institution of	62534
higher education accredited by a regional accrediting	62535
organization;	62536

(b) Have previously held a professional educator license	62537
issued under this section or section 3319.222 or under former	62538
section 3319.22 of the Revised Code;	62539

(c) Meet the criteria for the accomplished or distinguished	62540
level of performance, as described in the standards for teachers	62541
adopted by the state board under section 3319.61 of the Revised	62542
Code.	62543

(4) An applicant for a lead professional educator license	62544
shall:	62545

(a) Hold at least a master's degree from an institution of	62546
higher education accredited by a regional accrediting	62547
organization;	62548

(b) Have previously held a professional educator license or a	62549
senior professional educator license issued under this section or	62550
a professional educator license issued under section 3319.222 or	62551
former section 3319.22 of the Revised Code;	62552

(c) Meet the criteria for the distinguished level of	62553
performance, as described in the standards for teachers adopted by	62554
the state board under section 3319.61 of the Revised Code;	62555

(d) Either hold a valid certificate issued by the national	62556
board for professional teaching standards or meet the criteria for	62557
a master teacher or other criteria for a lead teacher adopted by	62558
the educator standards board under division (F)(4) or (5) of	62559
section 3319.61 of the Revised Code.	62560

(C) The state board shall align the standards and	62561
qualifications for obtaining a principal license with the	62562
standards for principals adopted by the state board under section	62563
3319.61 of the Revised Code.	62564

(D) If the state board requires any examinations for educator	62565
licensure, the department of education shall provide the results	62566
of such examinations received by the department to the chancellor	62567
of the Ohio board of regents, in the manner and to the extent	62568
permitted by state and federal law.	62569

(E) Any rules the state board of education adopts, amends, or	62570
rescinds for educator licenses under this section, division (D) of	62571
section 3301.07 of the Revised Code, or any other law shall be	62572
adopted, amended, or rescinded under Chapter 119. of the Revised	62573
Code except as follows:	62574

(1) Notwithstanding division (D) of section 119.03 and	62575
division (A)(1) of section 119.04 of the Revised Code, in the case	62576
of the adoption of any rule or the amendment or rescission of any	62577
rule that necessitates institutions' offering preparation programs	62578
for educators and other school personnel that are approved by the	62579
chancellor of the Ohio board of regents under section 3333.048 of	62580
the Revised Code to revise the curriculum of those programs, the	62581
effective date shall not be as prescribed in division (D) of	62582
section 119.03 and division (A)(1) of section 119.04 of the	62583
Revised Code. Instead, the effective date of such rules, or the	62584
amendment or rescission of such rules, shall be the date	62585
prescribed by section 3333.048 of the Revised Code.	62586

(2) Notwithstanding the authority to adopt, amend, or rescind	62587
emergency rules in division (F) of section 119.03 of the Revised	62588
Code, this authority shall not apply to the state board of	62589
education with regard to rules for educator licenses.	62590

(F)(1) The rules adopted under this section establishing	62591
standards requiring additional coursework for the renewal of any	62592
educator license shall require a school district and a chartered	62593
nonpublic school to establish local professional development	62594
committees. In a nonpublic school, the chief administrative	62595
officer shall establish the committees in any manner acceptable to	62596
such officer. The committees established under this division shall	62597
determine whether coursework that a district or chartered	62598
nonpublic school teacher proposes to complete meets the	62599
requirement of the rules. The department of education shall	62600
provide technical assistance and support to committees as the	62601
committees incorporate the professional development standards	62602
adopted by the state board of education pursuant to section	62603
3319.61 of the Revised Code into their review of coursework that	62604
is appropriate for license renewal. The rules shall establish a	62605
procedure by which a teacher may appeal the decision of a local	62606
professional development committee.	62607

(2) In any school district in which there is no exclusive	62608
representative established under Chapter 4117. of the Revised	62609
Code, the professional development committees shall be established	62610
as described in division (F)(2) of this section.	62611

Not later than the effective date of the rules adopted under	62612
this section, the board of education of each school district shall	62613
establish the structure for one or more local professional	62614
development committees to be operated by such school district. The	62615
committee structure so established by a district board shall	62616
remain in effect unless within thirty days prior to an anniversary	62617
of the date upon which the current committee structure was	62618
established, the board provides notice to all affected district	62619
employees that the committee structure is to be modified.	62620
Professional development committees may have a district-level or	62621
building-level scope of operations, and may be established with	62622
regard to particular grade or age levels for which an educator	62623
license is designated.	62624

Each professional development committee shall consist of at	62625
least three classroom teachers employed by the district, one	62626
principal employed by the district, and one other employee of the	62627
district appointed by the district superintendent. For committees	62628
with a building-level scope, the teacher and principal members	62629
shall be assigned to that building, and the teacher members shall	62630
be elected by majority vote of the classroom teachers assigned to	62631
that building. For committees with a district-level scope, the	62632
teacher members shall be elected by majority vote of the classroom	62633
teachers of the district, and the principal member shall be	62634
elected by a majority vote of the principals of the district,	62635
unless there are two or fewer principals employed by the district,	62636
in which case the one or two principals employed shall serve on	62637
the committee. If a committee has a particular grade or age level	62638
scope, the teacher members shall be licensed to teach such grade	62639
or age levels, and shall be elected by majority vote of the	62640
classroom teachers holding such a license and the principal shall	62641
be elected by all principals serving in buildings where any such	62642
teachers serve. The district superintendent shall appoint a	62643
replacement to fill any vacancy that occurs on a professional	62644
development committee, except in the case of vacancies among the	62645
elected classroom teacher members, which shall be filled by vote	62646
of the remaining members of the committee so selected.	62647

Terms of office on professional development committees shall	62648
be prescribed by the district board establishing the committees.	62649
The conduct of elections for members of professional development	62650
committees shall be prescribed by the district board establishing	62651
the committees. A professional development committee may include	62652
additional members, except that the majority of members on each	62653
such committee shall be classroom teachers employed by the	62654
district. Any member appointed to fill a vacancy occurring prior	62655
to the expiration date of the term for which a predecessor was	62656
appointed shall hold office as a member for the remainder of that	62657
term.	62658

The initial meeting of any professional development	62659
committee, upon election and appointment of all committee members,	62660
shall be called by a member designated by the district	62661
superintendent. At this initial meeting, the committee shall	62662
select a chairperson and such other officers the committee deems	62663
necessary, and shall adopt rules for the conduct of its meetings.	62664
Thereafter, the committee shall meet at the call of the	62665
chairperson or upon the filing of a petition with the district	62666
superintendent signed by a majority of the committee members	62667
calling for the committee to meet.	62668

(3) In the case of a school district in which an exclusive	62669
representative has been established pursuant to Chapter 4117. of	62670
the Revised Code, professional development committees shall be	62671
established in accordance with any collective bargaining agreement	62672
in effect in the district that includes provisions for such	62673
committees.	62674

If the collective bargaining agreement does not specify a	62675
different method for the selection of teacher members of the	62676
committees, the exclusive representative of the district's	62677
teachers shall select the teacher members.	62678

If the collective bargaining agreement does not specify a	62679
different structure for the committees, the board of education of	62680
the school district shall establish the structure, including the	62681
number of committees and the number of teacher and administrative	62682
members on each committee; the specific administrative members to	62683
be part of each committee; whether the scope of the committees	62684
will be district levels, building levels, or by type of grade or	62685
age levels for which educator licenses are designated; the lengths	62686
of terms for members; the manner of filling vacancies on the	62687
committees; and the frequency and time and place of meetings.	62688
However, in all cases, except as provided in division (F)(4) of	62689
this section, there shall be a majority of teacher members of any	62690
professional development committee, there shall be at least five	62691
total members of any professional development committee, and the	62692
exclusive representative shall designate replacement members in	62693
the case of vacancies among teacher members, unless the collective	62694
bargaining agreement specifies a different method of selecting	62695
such replacements.	62696

(4) Whenever an administrator's coursework plan is being	62697
discussed or voted upon, the local professional development	62698
committee shall, at the request of one of its administrative	62699
members, cause a majority of the committee to consist of	62700
administrative members by reducing the number of teacher members	62701
voting on the plan.	62702

(G)(1) The department of education, educational service	62703
centers, county boards of developmental disabilities, regional	62704
professional development centers, special education regional	62705
resource centers, college and university departments of education,	62706
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	62707
education computer network may establish local professional	62708
development committees to determine whether the coursework	62709
proposed by their employees who are licensed or certificated under	62710
this section or section 3319.222 of the Revised Code, or under the	62711
former version of either section as it existed prior to October	62712
16, 2009, meet the requirements of the rules adopted under this	62713
section. They may establish local professional development	62714
committees on their own or in collaboration with a school district	62715
or other agency having authority to establish them.	62716

Local professional development committees established by	62717
county boards of developmental disabilities shall be structured in	62718
a manner comparable to the structures prescribed for school	62719
districts in divisions (F)(2) and (3) of this section, as shall	62720
the committees established by any other entity specified in	62721
division (G)(1) of this section that provides educational services	62722
by employing or contracting for services of classroom teachers	62723
licensed or certificated under this section or section 3319.222 of	62724
the Revised Code, or under the former version of either section as	62725
it existed prior to October 16, 2009. All other entities specified	62726
in division (G)(1) of this section shall structure their	62727
committees in accordance with guidelines which shall be issued by	62728
the state board.	62729

(2) Any public agency that is not specified in division	62730
(G)(1) of this section but provides educational services and	62731
employs or contracts for services of classroom teachers licensed	62732
or certificated under this section or section 3319.222 of the	62733
Revised Code, or under the former version of either section as it	62734
existed prior to October 16, 2009, may establish a local	62735
professional development committee, subject to the approval of the	62736
department of education. The committee shall be structured in	62737
accordance with guidelines issued by the state board.	62738

Sec. 3319.235. (A) The standards for the preparation of	62739
teachers adopted under section 3333.048 of the Revised Code shall	62740
require any institution that provides a course of study for the	62741
training of teachers to ensure that graduates of such course of	62742
study are skilled at integrating educational technology in the	62743
instruction of children, as evidenced by the graduate having	62744
either demonstrated proficiency in such skills in a manner	62745
prescribed by the department of education or completed a course	62746
that includes training in such skills.	62747

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	62748
regents, in consultation with the department of education, shall	62749
establish model professional development programs to assist	62750
teachers who completed their teacher preparation prior to the	62751
effective date of division (A) of this section to become skilled	62752
at integrating educational technology in the instruction of	62753
children. The ~~commission~~chancellor shall provide technical	62754
assistance to school districts wishing to establish such programs.	62755

Sec. 3319.57. (A) A grant program is hereby established	62756
under which the department of education shall award grants to	62757
assist certain schools in a city, exempted village, local, or	62758
joint vocational school district in implementing one of the	62759
following innovations:	62760

(1) The use of instructional specialists to mentor and	62761
support classroom teachers;	62762

(2) The use of building managers to supervise the	62763
administrative functions of school operation so that a school	62764
principal can focus on supporting instruction, providing	62765
instructional leadership, and engaging teachers as part of the	62766
instructional leadership team;	62767

(3) The reconfiguration of school leadership structure in a	62768
manner that allows teachers to serve in leadership roles so that	62769
teachers may share the responsibility for making and implementing	62770
school decisions;	62771

(4) The adoption of new models for restructuring the school	62772
day or school year, such as including teacher planning and	62773
collaboration time as part of the school day;	62774

(5) The creation of smaller schools or smaller units within	62775
larger schools for the purpose of facilitating teacher	62776
collaboration to improve and advance the professional practice of	62777
teaching;	62778

(6) The implementation of "grow your own" recruitment	62779
strategies that are designed to assist individuals who show a	62780
commitment to education become licensed teachers, to assist	62781
experienced teachers obtain licensure in subject areas for which	62782
there is need, and to assist teachers in becoming principals;	62783

(7) The provision of better conditions for new teachers, such	62784
as reduced teaching load and reduced class size;	62785

(8) The provision of incentives to attract qualified	62786
mathematics, science, or special education teachers;	62787

(9) The development and implementation of a partnership with	62788
teacher preparation programs at colleges and universities to help	62789
attract teachers qualified to teach in shortage areas;	62790

(10) The implementation of a program to increase the cultural	62791
competency of both new and veteran teachers;	62792

(11) The implementation of a program to increase the subject	62793
matter competency of veteran teachers.	62794

(B) To qualify for a grant to implement one of the	62795
innovations described in division (A) of this section, a school	62796
must meet both of the following criteria:	62797

(1) Be hard to staff, as defined by the department.

62798

(2) Use existing school district funds for the implementation	62799
of the innovation in an amount equal to the grant amount	62800
multiplied by (1 - the district's state share ~~percentage~~index for	62801
the fiscal year in which the grant is awarded).	62802

For purposes of division (B)(2) of this section, "state share	62803
~~percentage~~index" has the same meaning as in section 3317.02 of	62804
the Revised Code.	62805

(C) The amount and number of grants awarded under this	62806
section shall be determined by the department based on any	62807
appropriations made by the general assembly for grants under this	62808
section.	62809

(D) The state board of education shall adopt rules for the	62810
administration of this grant program.	62811

Sec. 3319.58. (A) As used in this section, "core subject	62812
area" has the same meaning as in section 3319.074 of the Revised	62813
Code.	62814

(B) Each year, beginning with the 2015-2016 school year, the	62815
board of education of each city, exempted village, local, and	62816
joint vocational school district shall require each classroom	62817
teacher who is currently teaching in a core subject area and has	62818
received a rating of ineffective on the evaluations conducted	62819
under section 3319.111 of the Revised Code for two of the three	62820
most recent school years to register for and take all written	62821
examinations of content knowledge selected by the department of	62822
education as appropriate to determine expertise to teach that core	62823
subject area and the grade level to which the teacher is assigned.	62824

(C) Each year, beginning with the 2015-2016 school year, the	62825
governing authority of each community school established under	62826
Chapter 3314. of the Revised Code, except a community school to	62827
which section 3314.017 of the Revised Code applies or a community	62828
school described in division (A)(4)(b) of section 3314.35 of the	62829
Revised Code, and governing body of each STEM school established	62830
under Chapter 3326. of the Revised Code with a building ranked in	62831
the lowest ten per cent of all public school buildings according	62832
to performance index score, under section 3302.21 of the Revised	62833
Code, shall require each classroom teacher currently teaching in a	62834
core subject area in such a building to register for and take all	62835
written examinations of content knowledge selected by the	62836
department as appropriate to determine expertise to teach that	62837
core subject area and the grade level to which the teacher is	62838
assigned.	62839

(D) If a teacher who takes an examination under division (B)	62840
of this section passes that examination and provides proof of that	62841
passage to the teacher's employer, the employer shall require the	62842
teacher, at the teacher's expense, to complete professional	62843
development that is targeted to the deficiencies identified in the	62844
teacher's evaluations conducted under section 3319.111 of the	62845
Revised Code. The receipt by the teacher of a rating of	62846
ineffective on the teacher's next evaluation after completion of	62847
the professional development, or the failure of the teacher to	62848
complete the professional development, shall be grounds for	62849
termination of the teacher under section 3319.16 of the Revised	62850
Code.	62851

(E) If a teacher who takes an examination under this section	62852
passes that examination and provides proof of that passage to the	62853
teacher's employer, the teacher shall not be required to take the	62854
examination again for three years, regardless of the teacher's	62855
evaluation ratings or the performance index score ranking of the	62856
building in which the teacher teaches. No teacher shall be	62857
responsible for the cost of taking an examination under this	62858
section.	62859

(F) Each district board of education, each community school	62860
governing authority, and each STEM school governing body may use	62861
the results of a teacher's examinations required under division	62862
(B) or (C) of this section in developing and revising professional	62863
development plans and in deciding whether or not to continue	62864
employing the teacher in accordance with the provisions of this	62865
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	62866
decision to terminate or not to renew a teacher's employment	62867
contract shall be made solely on the basis of the results of a	62868
teacher's examination under this section until and unless the	62869
teacher has not attained a passing score on the same required	62870
examination for at least three consecutive administrations of that	62871
examination.	62872

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	62873
"guardian," or "other person having charge or care of a child"	62874
means either parent unless the parents are separated or divorced	62875
or their marriage has been dissolved or annulled, in which case	62876
"parent" means the parent who is the residential parent and legal	62877
custodian of the child. If the child is in the legal or permanent	62878
custody of a person or government agency, "parent" means that	62879
person or government agency. When a child is a resident of a home,	62880
as defined in section 3313.64 of the Revised Code, and the child's	62881
parent is not a resident of this state, "parent," "guardian," or	62882
"other person having charge or care of a child" means the head of	62883
the home.	62884

A child between six and eighteen years of age is "of	62885
compulsory school age" for the purpose of sections 3321.01 to	62886
3321.13 of the Revised Code. A child under six years of age who	62887
has been enrolled in kindergarten also shall be considered "of	62888
compulsory school age" for the purpose of sections 3321.01 to	62889
3321.13 of the Revised Code unless at any time the child's parent	62890
or guardian, at the parent's or guardian's discretion and in	62891
consultation with the child's teacher and principal, formally	62892
withdraws the child from kindergarten. The compulsory school age	62893
of a child shall not commence until the beginning of the term of	62894
such schools, or other time in the school year fixed by the rules	62895
of the board of the district in which the child resides.	62896

(2) No child shall be admitted to a kindergarten or a first	62897
grade of a public school in a district in which all children are	62898
admitted to kindergarten and the first grade in August or	62899
September unless the child is five or six years of age,	62900
respectively, by the thirtieth day of September of the year of	62901
admittance, or by the first day of a term or semester other than	62902
one beginning in August or September in school districts granting	62903
admittance at the beginning of such term or semester, unless the	62904
child has been recommended for early admittance in accordance with	62905
the district's acceleration policy adopted under section 3324.10	62906
of the Revised Code. A child who does not meet the age requirement	62907
for admittance to kindergarten or first grade shall be evaluated	62908
for early admittance upon referral by the child's parent or	62909
guardian, an educator employed by the district, a preschool	62910
educator who knows the child, or a pediatrician or psychologist	62911
who knows the child.	62912

(3) Notwithstanding division (A)(2) of this section,	62913
beginning with the school year that starts in 2001 and continuing	62914
thereafter the board of education of any district may adopt a	62915
resolution establishing the first day of August in lieu of the	62916
thirtieth day of September as the required date by which students	62917
must have attained the age specified in that division.	62918

(4) After a student has been admitted to kindergarten in a	62919
school district or chartered nonpublic school, no board of	62920
education of a school district to which the student transfers	62921
shall deny that student admission based on the student's age.	62922

(B) As used in division (C) of this section, "successfully	62923
completed kindergarten" means that the child has completed the	62924
kindergarten requirements at one of the following:	62925

(1) A public or chartered nonpublic school;

62926

(2) A kindergarten class that is both of the following:

62927

(a) Offered by a day-care provider licensed under Chapter	62928
5104. of the Revised Code;	62929

(b) If offered after July 1, 1991, is directly taught by a	62930
teacher who holds one of the following:	62931

(i) A valid educator license issued under section 3319.22 of	62932
the Revised Code;	62933

(ii) A Montessori preprimary credential or age-appropriate	62934
diploma granted by the American Montessori society or the	62935
association Montessori internationale;	62936

(iii) Certification determined under division (F) of this	62937
section to be equivalent to that described in division	62938
(B)(2)(b)(ii) of this section;	62939

(iv) Certification for teachers in nontax-supported schools	62940
pursuant to section 3301.071 of the Revised Code.	62941

(C) Except as provided in division (A)(2) of this section, no	62942
school district shall admit to the first grade any child who has	62943
not successfully completed kindergarten.	62944

(D) The scheduling of times for kindergarten classes and	62945
length of the school day for kindergarten shall be determined by	62946
the board of education of a city, exempted village, or local	62947
school district.	62948

(E) Any kindergarten class offered by a day-care provider or	62949
school described by division (B)(1) or (B)(2)(a) of this section	62950
shall be developmentally appropriate.	62951

(F) Upon written request of a day-care provider described by	62952
division (B)(2)(a) of this section, the department of education	62953
shall determine whether certification held by a teacher employed	62954
by the provider meets the requirement of division (B)(2)(b)(iii)	62955
of this section and, if so, shall furnish the provider a statement	62956
to that effect.	62957

(G) As used in this division, "all-day kindergarten" has the	62958
same meaning as in section 3321.05 of the Revised Code.	62959

(1) ~~Any~~A school district that ~~did not receive for fiscal~~	62960
~~year 2009 poverty-based assistance for~~is offering all-day	62961
kindergarten ~~under division (D) of section 3317.029 of the Revised~~	62962
~~Code~~for the first time or that charged fees or tuition for	62963
all-day kindergarten in the 2012-2013 school year may charge fees	62964
or tuition for ~~students~~a student enrolled in all-day kindergarten	62965
in any school year following the 2012-2013 school year. The	62966
department shall adjust the district's average daily membership	62967
certification under section 3317.03 of the Revised Code by	62968
one-half of the full-time equivalency for each student charged	62969
fees or tuition for all-day kindergarten under this division. If a	62970
district charges fees or tuition for all-day kindergarten under	62971
this division, the district shall develop a sliding fee scale	62972
based on family incomes.	62973

(2) The department of education shall conduct an annual	62974
survey of each school district described in division (G)(1) of	62975
this section to determine the following:	62976

(a) Whether the district charges fees or tuition for students	62977
enrolled in all-day kindergarten;	62978

(b) The amount of the fees or tuition charged;

62979

(c) How many of the students for whom tuition is charged are	62980
eligible for free lunches under the "National School Lunch Act,"	62981
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	62982
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	62983
and how many of the students for whom tuition is charged are	62984
eligible for reduced price lunches under those acts;	62985

(d) How many students are enrolled in traditional half-day	62986
kindergarten rather than all-day kindergarten.	62987

Each district shall report to the department, in the manner	62988
prescribed by the department, the information described in	62989
divisions (G)(2)(a) to (d) of this section.	62990

The department shall issue an annual report on the results of	62991
the survey and shall post the report on its web site. The	62992
department shall issue the first report not later than April 30,	62993
2008, and shall issue a report not later than the thirtieth day of	62994
April each year thereafter.	62995

Sec. 3321.04. Notwithstanding division (D) of section	62996
3311.19 and division (D) of section 3311.52 of the Revised Code,	62997
this section does not apply to any joint vocational or cooperative	62998
education school district or its superintendent.	62999

Every parent of any child of compulsory school age who is not	63000
employed under an age and schooling certificate must send such	63001
child to a school or a special education program that conforms to	63002
the minimum standards prescribed by the state board of education,	63003
for the full time the school or program attended is in session,	63004
which shall not be for less than thirty-two weeks per school year.	63005
Such attendance must begin within the first week of the school	63006
term or program or within one week of the date on which the child	63007
begins to reside in the district or within one week after ~~his~~the	63008
child's withdrawal from employment.	63009

For the purpose of operating a school or program on a	63010
trimester plan, "full time the school attended is in session," as	63011
used in this section means the two trimesters to which the child	63012
is assigned by the board of education. For the purpose of	63013
operating a school or program on a quarterly plan, "full time the	63014
school attended is in session," as used in this section, means the	63015
three quarters to which the child is assigned by the board of	63016
education. For the purpose of operating a school or program on a	63017
pentamester plan, "full time the school is in session," as used in	63018
this section, means the four pentamesters to which the child is	63019
assigned by the board of education.	63020

Excuses from future attendance at or past absence from school	63021
or a special education program may be granted for the causes, by	63022
the authorities, and under the following conditions:	63023

(A) The superintendent of the ~~city or exempted village~~ school	63024
district ~~or the educational service center~~ in which the child	63025
resides may excuse the child from attendance for any part of the	63026
remainder of the current school year upon satisfactory showing of	63027
either of the following facts:	63028

(1) That the child's bodily or mental condition does not	63029
permit attendance at school or a special education program during	63030
such period; this fact is certified in writing by a licensed	63031
physician or, in the case of a mental condition, by a licensed	63032
physician, a licensed psychologist, licensed school psychologist	63033
or a certificated school psychologist; and provision is made for	63034
appropriate instruction of the child, in accordance with Chapter	63035
3323. of the Revised Code;	63036

(2) That the child is being instructed at home by a person	63037
qualified to teach the branches in which instruction is required,	63038
and such additional branches, as the advancement and needs of the	63039
child may, in the opinion of such superintendent, require. In each	63040
such case the issuing superintendent shall file in ~~his~~the	63041
superintendent's office, with a copy of the excuse, papers showing	63042
how the inability of the child to attend school or a special	63043
education program or the qualifications of the person instructing	63044
the child at home were determined. All such excuses shall become	63045
void and subject to recall upon the removal of the disability of	63046
the child or the cessation of proper home instruction; and	63047
thereupon the child or the child's parents may be proceeded	63048
against after due notice whether such excuse be recalled or not.	63049

(B) The state board of education may adopt rules authorizing	63050
the superintendent of schools of the district in which the child	63051
resides to excuse a child over fourteen years of age from	63052
attendance for a future limited period for the purpose of	63053
performing necessary work directly and exclusively for the child's	63054
parents or legal guardians.	63055

All excuses provided for in divisions (A) and (B) of this	63056
section shall be in writing and shall show the reason for excusing	63057
the child. A copy thereof shall be sent to the person in charge of	63058
the child.	63059

(C) The board of education of the ~~city or exempted village~~	63060
school district ~~or the governing board of the educational service~~	63061
~~center in which a public school is located~~ or the governing	63062
authorities of a private or parochial school may in the rules	63063
governing the discipline in such schools, prescribe the authority	63064
by which and the manner in which any child may be excused for	63065
absence from such school for good and sufficient reasons.	63066

The state board of education may by rule prescribe conditions	63067
governing the issuance of excuses, which shall be binding upon the	63068
authorities empowered to issue them.	63069

Sec. 3321.05. (A) As used in this section, "all-day	63070
kindergarten" means a kindergarten class that is in session ~~five~~	63071
~~days per week~~ for not less than the same number of clock hours	63072
each ~~day~~week as for students in grades one through six.	63073

(B) Any school district may operate all-day kindergarten or	63074
extended kindergarten, but no district shall require any student	63075
to attend kindergarten for more than the number of clock hours	63076
required each day for traditional kindergarten by the minimum	63077
standards adopted under division (D) of section 3301.07 of the	63078
Revised Code. Each school district that operates all-day or	63079
extended kindergarten shall accommodate kindergarten students	63080
whose parents or guardians elect to enroll them for the minimum	63081
number of hours.	63082

(C) A school district may use space in child day-care centers	63083
licensed under Chapter 5104. of the Revised Code to provide	63084
all-day kindergarten under this section.	63085

Sec. 3321.13. (A) Whenever any child of compulsory school	63086
age withdraws from school the teacher of that child shall	63087
ascertain the reason for withdrawal. The fact of the withdrawal	63088
and the reason for it shall be immediately transmitted by the	63089
teacher to the superintendent ~~of schools~~ of the city, local, or	63090
exempted village school district ~~or the educational service center~~	63091
~~as the case may be~~. If the child who has withdrawn from school has	63092
done so because of change of residence, the next residence shall	63093
be ascertained and shall be included in the notice thus	63094
transmitted. The superintendent shall thereupon forward a card	63095
showing the essential facts regarding the child and stating the	63096
place of the child's new residence to the superintendent of	63097
schools of the district to which the child has moved.	63098

The superintendent of public instruction may prescribe the	63099
forms to be used in the operation of this division.	63100

(B)(1) Upon receipt of information that a child of compulsory	63101
school age has withdrawn from school for a reason other than	63102
because of change of residence and is not enrolled in and	63103
attending in accordance with school policy an approved program to	63104
obtain a diploma or its equivalent, the superintendent shall	63105
notify the registrar of motor vehicles and the juvenile judge of	63106
the county in which the district is located of the withdrawal and	63107
failure to enroll in and attend an approved program to obtain a	63108
diploma or its equivalent. A notification to the registrar	63109
required by this division shall be given in the manner the	63110
registrar by rule requires and a notification to the juvenile	63111
judge required by this division shall be given in writing. Each	63112
notification shall be given within two weeks after the withdrawal	63113
and failure to enroll in and attend an approved program or its	63114
equivalent.	63115

(2) The board of education of a school district may adopt a	63116
resolution providing that the provisions of division (B)(2) of	63117
this section apply within the district. The provisions of division	63118
(B)(2) of this section do not apply within any school district,	63119
and no superintendent of a school district shall send a	63120
notification of the type described in division (B)(2) of this	63121
section to the registrar of motor vehicles or the juvenile judge	63122
of the county in which the district is located, unless the board	63123
of education of the district has adopted such a resolution. If the	63124
board of education of a school district adopts a resolution	63125
providing that the provisions of division (B)(2) of this section	63126
apply within the district, and if the superintendent of schools of	63127
that district receives information that, during any semester or	63128
term, a child of compulsory school age has been absent without	63129
legitimate excuse from the school the child is supposed to attend	63130
for more than ten consecutive school days or for at least fifteen	63131
total school days, the superintendent shall notify the child and	63132
the child's parent, guardian, or custodian, in writing, that the	63133
information has been provided to the superintendent, that as a	63134
result of that information the child's temporary instruction	63135
permit or driver's license will be suspended or the opportunity to	63136
obtain such a permit or license will be denied, and that the child	63137
and the child's parent, guardian, or custodian may appear in	63138
person at a scheduled date, time, and place before the	63139
superintendent or a designee to challenge the information provided	63140
to the superintendent.	63141

The notification to the child and the child's parent,	63142
guardian, or custodian required by division (B)(2) of this section	63143
shall set forth the information received by the superintendent and	63144
shall inform the child and the child's parent, guardian, or	63145
custodian of the scheduled date, time, and place of the appearance	63146
that they may have before the superintendent or a designee. The	63147
date scheduled for the appearance shall be no earlier than three	63148
and no later than five days after the notification is given,	63149
provided that an extension may be granted upon request of the	63150
child or the child's parent, guardian, or custodian. If an	63151
extension is granted, the superintendent shall schedule a new	63152
date, time, and place for the appearance and shall inform the	63153
child and the child's parent, guardian, or custodian of the new	63154
date, time, and place.	63155

If the child and the child's parent, guardian, or custodian	63156
do not appear before the superintendent or a designee on the	63157
scheduled date and at the scheduled time and place, or if the	63158
child and the child's parent, guardian, or custodian appear before	63159
the superintendent or a designee on the scheduled date and at the	63160
scheduled time and place but the superintendent or a designee	63161
determines that the information the superintendent received	63162
indicating that, during the semester or term, the child had been	63163
absent without legitimate excuse from the school the child was	63164
supposed to attend for more than ten consecutive school days or	63165
for at least fifteen total school days, the superintendent shall	63166
notify the registrar of motor vehicles and the juvenile judge of	63167
the county in which the district is located that the child has	63168
been absent for that period of time and that the child does not	63169
have any legitimate excuse for the habitual absence. A	63170
notification to the registrar required by this division shall be	63171
given in the manner the registrar by rule requires and a	63172
notification to the juvenile judge required by this division shall	63173
be given in writing. Each notification shall be given within two	63174
weeks after the receipt of the information of the habitual absence	63175
from school without legitimate excuse, or, if the child and the	63176
child's parent, guardian, or custodian appear before the	63177
superintendent or a designee to challenge the information, within	63178
two weeks after the appearance.	63179

For purposes of division (B)(2) of this section, a legitimate	63180
excuse for absence from school includes, but is not limited to,	63181
the fact that the child in question has enrolled in another school	63182
or school district in this or another state, the fact that the	63183
child in question was excused from attendance for any of the	63184
reasons specified in section 3321.04 of the Revised Code, or the	63185
fact that the child in question has received an age and schooling	63186
certificate in accordance with section 3331.01 of the Revised	63187
Code.	63188

(3) Whenever a pupil is suspended or expelled from school	63189
pursuant to section 3313.66 of the Revised Code and the reason for	63190
the suspension or expulsion is the use or possession of alcohol, a	63191
drug of abuse, or alcohol and a drug of abuse, the superintendent	63192
of schools of that district may notify the registrar and the	63193
juvenile judge of the county in which the district is located of	63194
such suspension or expulsion. Any such notification of suspension	63195
or expulsion shall be given to the registrar, in the manner the	63196
registrar by rule requires and shall be given to the juvenile	63197
judge in writing. The notifications shall be given within two	63198
weeks after the suspension or expulsion.	63199

(4) Whenever a pupil is suspended, expelled, removed, or	63200
permanently excluded from a school for misconduct included in a	63201
policy that the board of education of a city, exempted village, or	63202
local school district has adopted under division (A) of section	63203
3313.661 of the Revised Code, and the misconduct involves a	63204
firearm or a knife or other weapon as defined in that policy, the	63205
superintendent of schools of that district shall notify the	63206
registrar and the juvenile judge of the county in which the	63207
district is located of the suspension, expulsion, removal, or	63208
permanent exclusion. The notification shall be given to the	63209
registrar in the manner the registrar, by rule, requires and shall	63210
be given to the juvenile judge in writing. The notifications shall	63211
be given within two weeks after the suspension, expulsion,	63212
removal, or permanent exclusion.	63213

(C) A notification of withdrawal, habitual absence without	63214
legitimate excuse, suspension, or expulsion given to the registrar	63215
or a juvenile judge under division (B)(1), (2), (3), or (4) of	63216
this section shall contain the name, address, date of birth,	63217
school, and school district of the child. If the superintendent	63218
finds, after giving a notification of withdrawal, habitual absence	63219
without legitimate excuse, suspension, or expulsion to the	63220
registrar and the juvenile judge under division (B)(1), (2), (3),	63221
or (4) of this section, that the notification was given in error,	63222
the superintendent immediately shall notify the registrar and the	63223
juvenile judge of that fact.	63224

Sec. 3321.14. Notwithstanding division (D) of section	63225
3311.19 and division (D) of section 3311.52 of the Revised Code,	63226
the provisions of this section and sections 3321.15 to 3321.21 of	63227
the Revised Code that apply to a city school district or its	63228
superintendent do not apply to any joint vocational or cooperative	63229
education school district or its superintendent unless otherwise	63230
specified.	63231

The board of education of every city ~~school district and of~~	63232
~~every~~, exempted village, or local school district shall either	63233
employ an attendance officer, and may employ or appoint any	63234
assistants that the board deems advisable, or shall obtain such	63235
services from the educational service center with which the	63236
district has entered into an agreement under section 3313.843 or	63237
3313.845 of the Revised Code, in accordance with the terms	63238
prescribed in that agreement. In	63239

In cities of one hundred thousand population or over, the	63240
board may appoint, subject to the nomination of the district	63241
superintendent ~~of schools~~, one or more pupil-personnel workers and	63242
make provision for the traveling expenses within the school	63243
district of those employees.	63244

Sec. 3321.15. Every governing board of an educational	63245
service center ~~shall~~may employ an educational service center	63246
attendance officer, and may employ or appoint such assistants as	63247
the board deems advisable. The decision to employ an attendance	63248
officer shall be based on consultation with the districts that	63249
have entered into agreements with the educational service center	63250
under section 3313.843 or 3313.845 of the Revised Code and the	63251
services outlined in the agreements. The compensation and	63252
necessary traveling expenses of such attendance officer and	63253
assistants shall be paid out of the educational service center	63254
governing board fund. With the consent and approval of the judge	63255
of the juvenile court, a probation officer of the court may be	63256
designated as the service center attendance officer or as an	63257
assistant. The compensation of the probation officers of the	63258
juvenile court so designated shall be fixed and paid in the same	63259
manner as salaries of other probation officers of the juvenile	63260
court; their traveling expenses as attendance officers which would	63261
not be incurred as probation officers shall be paid out of the	63262
educational service center governing board fund. In addition to	63263
the compensation provided in this section the board may pay such	63264
additional compensation as it deems advisable, to any probation	63265
officer designated as attendance officer and such additional	63266
amount shall be paid from the educational service center governing	63267
board fund. The attendance officer and assistants shall work under	63268
the direction of the educational service center superintendent.	63269
The authority of such attendance officer and assistants ~~shall~~may	63270
extend to all the ~~local~~ school districts served by the service	63271
center pursuant to any agreements entered into under section	63272
3313.843 or 3313.845 of the Revised Code. This section does not	63273
confine their authority to investigate ~~employment~~attendance to	63274
that within the territory of the service center.	63275

Sec. 3323.021. As used in this section, "participating	63276
county DD board" means a county board of developmental	63277
disabilities electing to participate in the provision of or	63278
contracting for educational services for children under division	63279
(D) of section 5126.05 of the Revised Code.	63280

(A) When a school district, educational service center, or	63281
participating county DD board enters into an agreement or contract	63282
with another school district, educational service center, or	63283
participating county DD board to provide educational services to a	63284
disabled child during a school year, both of the following shall	63285
apply:	63286

(1) Beginning with fiscal year 1999, if the provider of the	63287
services intends to increase the amount it charges for some or all	63288
of those services during the next school year or if the provider	63289
intends to cease offering all or part of those services during the	63290
next school year, the provider shall notify the entity for which	63291
the services are provided of these intended changes no later than	63292
the first day of March of the current fiscal year.	63293

(2) Beginning with fiscal year 1999, if the entity for which	63294
services are provided intends to cease obtaining those services	63295
from the provider for the next school year or intends to change	63296
the type or amount of services it obtains from the provider for	63297
the next school year, the entity shall notify the service provider	63298
of these intended changes no later than the first day of March of	63299
the current fiscal year.	63300

(B) School districts, educational service centers,	63301
participating county DD boards, and other applicable governmental	63302
entities shall collaborate where possible to maximize federal	63303
sources of revenue to provide additional funds for special	63304
education related services for disabled children. Annually, each	63305
school district shall report to the department of education any	63306
amounts of ~~money~~such federal revenue the district received	63307
~~through such medical assistance program~~.	63308

(C) The state board of education, the department of	63309
developmental disabilities, and the department of ~~job and family~~	63310
~~services~~medicaid shall develop working agreements for pursuing	63311
additional funds for services for disabled children.	63312

Sec. 3323.03. The state board of education shall, in	63313
consultation with the department of health, the department of	63314
~~mental health~~mental health and addiction services, and the	63315
department of developmental disabilities, establish standards and	63316
procedures for the identification, location, and evaluation of all	63317
children with disabilities residing in the state, including	63318
children with disabilities who are homeless children or are wards	63319
of the state and children with disabilities attending nonpublic	63320
schools, regardless of the severity of their disabilities, and who	63321
are in need of special education and related services. The state	63322
board shall develop and implement a practical method to determine	63323
which children with disabilities are currently receiving needed	63324
special education and related services.	63325

In conducting the evaluation, the board of education of each	63326
school district shall use a variety of assessment tools and	63327
strategies to gather relevant functional, developmental, and	63328
academic information about the child, including information	63329
provided by the child's parent. The board of education of each	63330
school district, in consultation with the county DD board, the	63331
county family and children first council, and the board of	63332
alcohol, drug addiction, and mental health services of each county	63333
in which the school district has territory, shall identify,	63334
locate, and evaluate all children with disabilities residing	63335
within the district to determine which children with disabilities	63336
are not receiving appropriate special education and related	63337
services. In addition, the board of education of each school	63338
district, in consultation with such county boards or council,	63339
shall identify, locate, and evaluate all children with	63340
disabilities who are enrolled by their parents in nonpublic	63341
elementary and secondary schools located within the public school	63342
district, without regard to where those children reside in	63343
accordance with rules of the state board of education or	63344
guidelines of the superintendent of public instruction.	63345

Each county DD board, county family and children first	63346
council, and board of alcohol, drug addiction, and mental health	63347
services and the board's or council's contract agencies may	63348
transmit to boards of education the names and addresses of	63349
children with disabilities who are not receiving appropriate	63350
special education and related services.	63351

Sec. 3323.04. The state board of education, in consultation	63352
with the department of ~~mental health~~mental health and addiction	63353
services and the department of developmental disabilities, shall	63354
establish procedures and standards for the development of	63355
individualized education programs for children with disabilities.	63356

The state board shall require the board of education of each	63357
school district to develop an individualized education program for	63358
each child with a disability who is at least three years of age	63359
and less than twenty-two years of age residing in the district in	63360
a manner that is in accordance with rules of the state board.	63361

Prior to the placement of a child with a disability in a	63362
program operated under section 3323.09 of the Revised Code, the	63363
district board of education shall consult the county DD board of	63364
the county in which the child resides regarding the proposed	63365
placement.	63366

A child with a disability enrolled in a nonpublic school or	63367
facility shall be provided special education and related services,	63368
in accordance with an individualized education program, at no cost	63369
for those services, if the child is placed in, or referred to,	63370
that nonpublic school or facility by the department of education	63371
or a school district.	63372

The IEP team shall review the individualized education	63373
program of each child with a disability periodically, but at least	63374
annually, to determine whether the annual goals for the child are	63375
being achieved, and shall revise the individualized education	63376
program as appropriate.	63377

The state board shall establish procedures and standards to	63378
assure that to the maximum extent appropriate, children with	63379
disabilities, including children in public or private institutions	63380
or other care facilities, shall be educated with children who are	63381
not disabled. Special classes, separate schools, or other removal	63382
of children with disabilities from the regular educational	63383
environment shall be used only when the nature or severity of a	63384
child's disability is such that education in regular classes with	63385
supplementary aids and services cannot be achieved satisfactorily.	63386

If an agency directly affected by a placement decision	63387
objects to such decision, an impartial hearing officer, appointed	63388
by the department of education from a list prepared by the	63389
department, shall conduct a hearing to review the placement	63390
decision. The agencies that are parties to a hearing shall divide	63391
the costs of such hearing equally. The decision of the hearing	63392
officer shall be final, except that any party to the hearing who	63393
is aggrieved by the findings or the decision of the hearing	63394
officer may appeal the findings or decision in accordance with	63395
division (H) of section 3323.05 of the Revised Code or the parent	63396
of any child affected by such decision may present a complaint in	63397
accordance with that section.	63398

Sec. 3323.07. The state board of education shall authorize	63399
the establishment and maintenance of special education and related	63400
services for all children with disabilities who are at least three	63401
years of age and less than twenty-two years of age, including	63402
children with disabilities who have been suspended or expelled	63403
from school, and may authorize special education and related	63404
services for children with disabilities who are less than three	63405
years of age in accordance with rules adopted by the state board.	63406
The state board shall require the boards of education of school	63407
districts, shall authorize the department of ~~mental health~~mental	63408
health and addiction services and the department of developmental	63409
disabilities, and may authorize any other educational agency, to	63410
establish and maintain such special education and related services	63411
in accordance with standards adopted by the state board.	63412

Sec. 3323.08. (A) Each school district shall submit a plan	63413
to the superintendent of public instruction that provides	63414
assurances that the school district will provide for the education	63415
of children with disabilities within its jurisdiction and has in	63416
effect policies, procedures, and programs that are consistent with	63417
the policies and procedures adopted by the state board of	63418
education in accordance with section 612 of the "Individuals with	63419
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	63420
and that meet the conditions applicable to school districts under	63421
section 613 of that act, 20 U.S.C. 1413.	63422

Each district's plan shall do all of the following:

63423

(1) Provide, as specified in section 3323.11 of the Revised	63424
Code and in accordance with standards established by the state	63425
board, for an organizational structure and necessary and qualified	63426
staffing and supervision for the identification of and provision	63427
of special education and related services for children with	63428
disabilities;	63429

(2) Provide, as specified by section 3323.03 of the Revised	63430
Code and in accordance with standards established by the state	63431
board, for the identification, location, and evaluation of all	63432
children with disabilities residing in the district, including	63433
children with disabilities who are homeless children or are wards	63434
of the state and children with disabilities attending private	63435
schools and who are in need of special education and related	63436
services. A practical method shall be developed and implemented to	63437
determine which children with disabilities are currently receiving	63438
needed special education and related services.	63439

(3) Provide, as specified by section 3323.07 of the Revised	63440
Code and standards established by the state board, for the	63441
establishment and maintenance of special education and related	63442
services for children with disabilities who are at least three	63443
years of age and less than twenty-two years of age, including	63444
children with disabilities who have been suspended or expelled	63445
from school.	63446

(4) Provide, as specified by section 3323.04 of the Revised	63447
Code and in accordance with standards adopted by the state board,	63448
for an individualized education program for each child with a	63449
disability who is at least three years of age and less than	63450
twenty-two years of age residing within the district;	63451

(5) Provide, as specified by section 3323.02 of the Revised	63452
Code and in accordance with standards established by the state	63453
board, for special education and related services and a free	63454
appropriate public education for every child with a disability who	63455
is at least three years of age and less than twenty-two years of	63456
age, including children with disabilities who have been suspended	63457
or expelled from school;	63458

(6) Provide procedural safeguards and prior written notice as	63459
required under section 3323.05 of the Revised Code and the	63460
standards established by the state board;	63461

(7) Outline the steps that have been or are being taken to	63462
comply with standards established by the state board.	63463

(B)(1) A school district may arrange, by a cooperative	63464
agreement or contract with one or more school districts or with a	63465
cooperative education or joint vocational school district or an	63466
educational service center, to provide for the identification,	63467
location, and evaluation of children with disabilities, and to	63468
provide special education and related services for such children	63469
that meet the standards established by the state board. A school	63470
district may arrange, by a cooperative agreement or contract, for	63471
the provision of related services for children with disabilities	63472
that meet the standards established by the state board.	63473

(2) A school district shall arrange by interagency agreement	63474
with one or more school districts or with a cooperative education	63475
or joint vocational school district or an educational service	63476
center or other providers of early learning services to provide	63477
for the identification, location, evaluation of children with	63478
disabilities of ages birth through five years of age and for the	63479
transition of children with disabilities at age three in	63480
accordance with the standards established by the state board. A	63481
school district may arrange by interagency agreement with	63482
providers of early learning services to provide special education	63483
and related services for such children that meet the standards	63484
established by the state board.	63485

(3) If at the time an individualized education program is	63486
developed for a child a school district is not providing special	63487
education and related services required by that individualized	63488
education program, the school district may arrange by contract	63489
with a nonpublic entity for the provision of the special education	63490
and related services, provided the special education and related	63491
services meet the standards for special education and related	63492
services established by the state board and is provided within the	63493
state.	63494

(4) Any cooperative agreement or contract under division	63495
(B)(1) or (2) of this section involving a local school district	63496
shall be approved by the governing board of the educational	63497
service center which serves that district.	63498

(C) No plan of a local school district shall be submitted to	63499
the superintendent of public instruction until it has been	63500
approved by the superintendent of the educational service center	63501
which serves that district.	63502

(D) Upon approval of a school district's plan by the	63503
superintendent of public instruction, the district shall	63504
immediately certify students for state funds under section 3317.03	63505
of the Revised Code to implement and maintain such plan. ~~The~~	63506
~~district also shall request approval of classroom units under~~	63507
~~division (B) of section 3317.05 of the Revised Code for which the~~	63508
~~district has adequately identified preschool children with~~	63509
~~disabilities and shall, in accordance with procedures adopted by~~	63510
~~the state board, request approval of units under division (C) of~~	63511
~~section 3317.05 of the Revised Code.~~ The district shall, in	63512
accordance with guidelines adopted by the state board, identify	63513
problems relating to the provision of qualified personnel and	63514
adequate facilities, and indicate the extent to which the cost of	63515
programs required under the plan will exceed anticipated state	63516
reimbursement. Each school district shall immediately implement	63517
the identification, location, and evaluation of children with	63518
disabilities in accordance with this chapter, and shall implement	63519
those parts of the plan involving placement and provision of	63520
special education and related services.	63521

Sec. 3323.09. (A) As used in this section:

63522

(1) "Home" has the meaning given in section 3313.64 of the	63523
Revised Code.	63524

(2) "Preschool child" means a child who is at least age three	63525
but under age six on the thirtieth day of September of an academic	63526
year.	63527

(B) Each county DD board shall establish special education	63528
programs for all children with disabilities who in accordance with	63529
section 3323.04 of the Revised Code have been placed in special	63530
education programs operated by the county board and for preschool	63531
children who are developmentally delayed or at risk of being	63532
developmentally delayed. The board annually shall submit to the	63533
department of education a plan for the provision of these programs	63534
~~and, if applicable, a request for approval of units under section~~	63535
~~3317.05 of the Revised Code~~. The superintendent of public	63536
instruction shall review the plan and approve or modify it in	63537
accordance with rules adopted by the state board of education	63538
under section 3301.07 of the Revised Code. The superintendent of	63539
public instruction shall compile the plans submitted by county	63540
boards and shall submit a comprehensive plan to the state board.	63541

A county DD board may combine transportation for children	63542
enrolled in classes funded under ~~section~~sections 3317.0213 or	63543
3317.20 ~~or units approved under section 3317.05~~ with	63544
transportation for children and adults enrolled in programs and	63545
services offered by the board under Chapter 5126. of the Revised	63546
Code.	63547

(C) A county DD board that during the school year provided	63548
special education pursuant to this section for any child with	63549
mental disabilities under twenty-two years of age shall prepare	63550
and submit the following reports and statements:	63551

(1) The board shall prepare a statement for each child who at	63552
the time of receiving such special education was a resident of a	63553
home and was not in the legal or permanent custody of an Ohio	63554
resident or a government agency in this state, and whose natural	63555
or adoptive parents are not known to have been residents of this	63556
state subsequent to the child's birth. The statement shall contain	63557
the child's name, the name of the child's school district of	63558
residence, the name of the county board providing the special	63559
education, and the number of months, including any fraction of a	63560
month, it was provided. Not later than the thirtieth day of June,	63561
the board shall forward a certified copy of such statement to both	63562
the director of developmental disabilities and to the home.	63563

Within thirty days after its receipt of a statement, the home	63564
shall pay tuition to the county board computed in the manner	63565
prescribed by section 3323.141 of the Revised Code.	63566

(2) The board shall prepare a report for each school district	63567
that is the school district of residence of one or more of such	63568
children for whom statements are not required by division (C)(1)	63569
of this section. The report shall contain the name of the county	63570
board providing special education, the name of each child	63571
receiving special education, the number of months, including	63572
fractions of a month, that the child received it, and the name of	63573
the child's school district of residence. Not later than the	63574
thirtieth day of June, the board shall forward certified copies of	63575
each report to the school district named in the report, the	63576
superintendent of public instruction, and the director of	63577
developmental disabilities.	63578

Sec. 3323.091. (A) The department of ~~mental health~~mental	63579
health and addiction services, the department of developmental	63580
disabilities, the department of youth services, and the department	63581
of rehabilitation and correction shall establish and maintain	63582
special education programs for children with disabilities in	63583
institutions under their jurisdiction according to standards	63584
adopted by the state board of education.	63585

(B) ~~The superintendent of each state institution required to~~	63586
~~provide services under division (A) of this section, and each~~	63587
~~county DD board, providing special education for preschool~~	63588
~~children with disabilities under this chapter may apply to the~~	63589
~~state department of education for unit funding, which shall be~~	63590
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	63591
~~Revised Code.~~	63592

The superintendent of each state institution required to	63593
provide services under division (A) of this section may apply to	63594
the department of education for special education and related	63595
services ~~weighted~~ funding for children with disabilities other	63596
than preschool children with disabilities, calculated in	63597
accordance with section 3317.201 of the Revised Code.	63598

Each county DD board providing special education for children	63599
with disabilities other than preschool children with disabilities	63600
may apply to the department of education for ~~base cost and~~	63601
opportunity funds and special education and related services	63602
~~weighted~~ funding calculated in accordance with section 3317.20 of	63603
the Revised Code.	63604

(C) In addition to the authorization to apply for state	63605
funding described in division (B) of this section, each state	63606
institution required to provide services under division (A) of	63607
this section is entitled to tuition payments calculated in the	63608
manner described in division (C) of this section.	63609

On or before the thirtieth day of June of each year, the	63610
superintendent of each institution that during the school year	63611
provided special education pursuant to this section shall prepare	63612
a statement for each child with a disability under twenty-two	63613
years of age who has received special education. The statement	63614
shall contain the child's data verification code assigned pursuant	63615
to division (D)(2) of section 3301.0714 of the Revised Code and	63616
the name of the child's school district of residence. Within sixty	63617
days after receipt of such statement, the department of education	63618
shall perform one of the following:	63619

(1) For any child except a preschool child with a disability	63620
described in division (C)(2) of this section, pay to the	63621
institution submitting the statement an amount equal to the	63622
tuition calculated under division (A) of section 3317.08 of the	63623
Revised Code for the period covered by the statement, and deduct	63624
the same from the amount of state funds, if any, payable under	63625
Chapter 3317. of the Revised Code, to the child's school district	63626
of residence or, if the amount of such state funds is	63627
insufficient, require the child's school district of residence to	63628
pay the institution submitting the statement an amount equal to	63629
the amount determined under this division.	63630

(2) For any preschool child with a disability ~~not included in~~	63631
~~a unit approved under division (B) of section 3317.05 of the~~	63632
~~Revised Code~~, perform the following:	63633

(a) Pay to the institution submitting the statement an amount	63634
equal to the tuition calculated under division (B) of section	63635
3317.08 of the Revised Code for the period covered by the	63636
statement, except that in calculating the tuition under that	63637
section the operating expenses of the institution submitting the	63638
statement under this section shall be used instead of the	63639
operating expenses of the school district of residence;	63640

(b) Deduct from the amount of state funds, if any, payable	63641
under Chapter 3317. of the Revised Code to the child's school	63642
district of residence an amount equal to the amount paid under	63643
division (C)(2)(a) of this section.	63644

Sec. 3323.13. (A) If a child who is a school resident of one	63645
school district receives special education from another district,	63646
the board of education of the district providing the education,	63647
subject to division (C) of this section, may require the payment	63648
by the board of education of the district of residence of a sum	63649
not to exceed one of the following, as applicable:	63650

(1) For any child except a preschool child with a disability	63651
described in division (A)(2) of this section, the tuition of the	63652
district providing the education for a child of normal needs of	63653
the same school grade. The determination of the amount of such	63654
tuition shall be in the manner provided for by division (A) of	63655
section 3317.08 of the Revised Code.	63656

(2) For any preschool child with a disability ~~not included in~~	63657
~~a unit approved under division (B) of section 3317.05 of the~~	63658
~~Revised Code~~, the tuition of the district providing the education	63659
for the child as calculated under division (B) of section 3317.08	63660
of the Revised Code, multiplied by 0.50.	63661

(B) The board of the district of residence may contract with	63662
the board of another district for the transportation of such child	63663
into any school in such other district, on terms agreed upon by	63664
such boards. Upon direction of the state board of education, the	63665
board of the district of residence shall pay for the child's	63666
transportation and the tuition.	63667

(C) The board of education of a district providing the	63668
education for a child shall be entitled to require payment from	63669
the district of residence under this section or section 3323.14 of	63670
the Revised Code only if the district providing the education has	63671
done at least one of the following:	63672

(1) Invited the district of residence to send representatives	63673
to attend the meetings of the team developing the child's	63674
individualized education program;	63675

(2) Received from the district of residence a copy of the	63676
individualized education program or a multifactored evaluation	63677
developed for the child by the district of residence;	63678

(3) Informed the district of residence in writing that the	63679
district is providing the education for the child.	63680

As used in division (C)(2) of this section, "multifactored	63681
evaluation" means an evaluation, conducted by a multidisciplinary	63682
team, of more than one area of the child's functioning so that no	63683
single procedure shall be the sole criterion for determining an	63684
appropriate educational program placement for the child.	63685

Sec. 3323.14. ~~This section does not apply to any preschool~~	63686
~~child with a disability except if included in a unit approved~~	63687
~~under division (B) of section 3317.05 of the Revised Code.~~	63688

(A) Where a child who is a school resident of one school	63689
district receives special education from another district and the	63690
per capita cost to the educating district for that child exceeds	63691
the sum of the amount received by the educating district for that	63692
child under division (A) of section 3317.08 of the Revised Code	63693
and the amount received by the district from the state board of	63694
education for that child, then the board of education of the	63695
district of residence shall pay to the board of the school	63696
district that is providing the special education such excess cost	63697
as is determined by using a formula approved by the department of	63698
education and agreed upon in contracts entered into by the boards	63699
of the districts concerned at the time the district providing such	63700
special education accepts the child for enrollment. The department	63701
shall certify the amount of the payments under Chapter 3317. of	63702
the Revised Code for such pupils with disabilities for each school	63703
year ending on the thirtieth day of July.	63704

(B) In the case of a child described in division (A) of this	63705
section who has been placed in a home, as defined in section	63706
3313.64 of the Revised Code, pursuant to the order of a court and	63707
who is not subject to section 3323.141 of the Revised Code, the	63708
district providing the child with special education and related	63709
services may charge to the child's district of residence the	63710
excess cost determined by formula approved by the department,	63711
regardless of whether the district of residence has entered into a	63712
contract with the district providing the services. If the district	63713
providing the services chooses to charge excess costs, the	63714
district may report the amount calculated under this division to	63715
the department.	63716

(C) If a district providing special education for a child	63717
reports an amount for the excess cost of those services, as	63718
authorized and calculated under division (A) or (B) of this	63719
section, the department shall pay that amount of excess cost to	63720
the district providing the services and shall deduct that amount	63721
from the child's district of residence in accordance with division	63722
(K) of section 3317.023 of the Revised Code.	63723

Sec. 3323.141. (A) When a child who is not in the legal or	63724
permanent custody of an Ohio resident or a government agency in	63725
this state and whose natural or adoptive parents are not known to	63726
have been residents of this state subsequent to the child's birth	63727
is a resident of a home as defined in section 3313.64 of the	63728
Revised Code and receives special education and related services	63729
from a school district or county ~~MR/DD~~DD board, the home shall	63730
pay tuition to the board providing the special education.	63731

(B) In the case of a child described in division (A) of this	63732
section who receives special education and related services from a	63733
school district, tuition shall be the amount determined under	63734
division (B)(1) or (2) of this section.	63735

(1) For a child other than a child described in division	63736
(B)(2) of this section the tuition shall be an amount equal to the	63737
sum of the following:	63738

(a) Tuition as determined in the manner provided for by	63739
division (B) of section 3317.081 of the Revised Code for the	63740
district that provides the special education;	63741

(b) Such excess cost as is determined by using a formula	63742
established by rule of the department of education. The excess	63743
cost computed in this section shall not be used as excess cost	63744
computed under section 3323.14 of the Revised Code.	63745

(2) For a child who is a preschool child with a disability	63746
~~not included in a unit approved under division (B) of section~~	63747
~~3317.05 of the Revised Code~~, the tuition shall be computed as	63748
follows:	63749

(a) Determine the amount of the tuition of the district	63750
providing the education for the child as calculated under division	63751
(B) of section 3317.08 of the Revised Code;	63752

(b) For each type of special education service included in	63753
the computation of the amount of tuition under division (B)(2)(a)	63754
of this section, divide the amount determined for that computation	63755
under division (B)(2) of section 3317.08 of the Revised Code by	63756
the total number of preschool children with disabilities used for	63757
that computation under division (B)(3) of section 3317.08 of the	63758
Revised Code;	63759

(c) Determine the sum of the quotients obtained under	63760
division (B)(2)(b) of this section;	63761

(d) Determine the sum of the amounts determined under	63762
divisions (B)(2)(a) and (c) of this section.	63763

(C) In the case of a child described in division (A) of this	63764
section who receives special education and related services from a	63765
county ~~MR/DD~~DD board, tuition shall be the amount determined	63766
under division (C)(1) or (2) of this section.	63767

(1) For a child other than a child described in division	63768
(C)(2) of this section, the tuition shall be an amount equal to	63769
such board's per capita cost of providing special education and	63770
related services for children at least three but less than	63771
twenty-two years of age as determined by using a formula	63772
established by rule of the department of developmental	63773
disabilities.	63774

(2) For a child who is a preschool child with a disability	63775
~~not included in a unit approved under division (B) of section~~	63776
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	63777
the amounts of each such board's per capita cost of providing each	63778
of the special education or related service that the child	63779
receives. The calculation of tuition shall be made by using a	63780
formula established by rule of the department of developmental	63781
disabilities. The formula for the calculation of per capita costs	63782
under division (C)(2) of this section shall be based only on each	63783
such ~~MR/DD~~DD board's cost of providing each type of special	63784
education or related service to preschool children with	63785
disabilities ~~not included in a unit approved under division (B) of~~	63786
~~section 3317.05 of the Revised Code~~.	63787

(D) If a home fails to pay the tuition required under this	63788
section, the board of education or county ~~MR/DD~~DD board providing	63789
the education may recover in a civil action the tuition and the	63790
expenses incurred in prosecuting the action, including court costs	63791
and reasonable attorney's fees. If the prosecuting attorney or	63792
city director of law represents the board in such action, costs	63793
and reasonable attorney's fees awarded by the court, based upon	63794
the time spent preparing and presenting the case by the	63795
prosecuting attorney, director, or a designee of either, shall be	63796
deposited in the county or city general fund.	63797

Sec. 3323.142. ~~This section does not apply to any preschool~~	63798
~~child with a disability except if included in a unit approved~~	63799
~~under division (B) of section 3317.05 of the Revised Code.~~	63800

As used in this section, "per pupil amount" for a preschool	63801
child with a disability included in such an approved unit means	63802
the amount determined by dividing the amount received for the	63803
classroom unit in which the child has been placed by the number of	63804
children in the unit. For any other child, "per pupil amount"	63805
means the amount paid for the child under section 3317.20 of the	63806
Revised Code.	63807

When a school district places or has placed a child with a	63808
county DD board for special education, but another district is	63809
responsible for tuition under section 3313.64 or 3313.65 of the	63810
Revised Code and the child is not a resident of the territory	63811
served by the county DD board, the board may charge the district	63812
responsible for tuition with the educational costs in excess of	63813
the per pupil amount received by the board under Chapter 3317. of	63814
the Revised Code. The amount of the excess cost shall be	63815
determined by the formula established by rule of the department of	63816
education under section 3323.14 of the Revised Code, and the	63817
payment for such excess cost shall be made by the school district	63818
directly to the county DD board.	63819

A school district board of education and the county DD board	63820
that serves the school district may negotiate and contract, at or	63821
after the time of placement, for payments by the board of	63822
education to the county DD board for additional services provided	63823
to a child placed with the county DD board and whose	63824
individualized education program established pursuant to section	63825
3323.08 of the Revised Code requires additional services that are	63826
not routinely provided children in the county DD board's program	63827
but are necessary to maintain the child's enrollment and	63828
participation in the program. Additional services may include, but	63829
are not limited to, specialized supplies and equipment for the	63830
benefit of the child and instruction, training, or assistance	63831
provided by staff members other than staff members for which	63832
funding is received under Chapter 3317. of the Revised Code.	63833

Sec. 3325.13. The state school for the blind employees food	63834
service fund is hereby created in the state treasury. The fund	63835
shall consist of payments received from employees who make	63836
purchases from the school's food service program. Notwithstanding	63837
section 3325.01 of the Revised Code, the approval of the state	63838
board of education is not required to designate money for deposit	63839
into the fund. The school for the blind shall use money in the	63840
fund to pay costs associated with the school's food service	63841
program.	63842

Sec. 3325.14. The state school for the deaf employees food	63843
service fund is hereby created in the state treasury. The fund	63844
shall consist of payments received from employees who make	63845
purchases from the school's food service program. Notwithstanding	63846
section 3325.01 of the Revised Code, the approval of the state	63847
board of education is not required to designate money for deposit	63848
into the fund. The school for the deaf shall use money in the fund	63849
to pay costs associated with the school's food service program.	63850

Sec. 3326.07. Each science, technology, engineering, and	63851
mathematics school established under this chapter is a public	63852
school, is part of the state's program of education, may contract	63853
for any services necessary for the operation of the school, and	63854
may continue in operation for as long as the school is in	63855
compliance with the provisions of this chapter and with the	63856
proposal for its establishment as approved by the STEM committee.	63857
If the school closes for any reason, its assets shall be	63858
distributed in the manner provided in the proposal for its	63859
establishment as required by division (C)(9) of section 3326.03 of	63860
the Revised Code.	63861

Sec. 3326.08. (A) The governing body of each science,	63862
technology, engineering, and mathematics school shall ~~employ and~~	63863
~~fix the compensation for the~~engage the services of administrative	63864
officers, teachers, and nonteaching employees of the STEM school	63865
necessary for the school to carry out its mission and shall	63866
oversee the operations of the school. The governing body of each	63867
STEM school shall ~~employ~~engage the services of a chief	63868
administrative officer to serve as the school's instructional and	63869
administrative leader. The chief administrative officer shall be	63870
granted the authority to oversee the recruitment, retention, and	63871
employment of teachers and nonteaching employees.	63872

(B) The department of education shall monitor the oversight	63873
of each STEM school exercised by the school's governing body and	63874
shall monitor the school's compliance with this chapter and with	63875
the proposal for the establishment of the school as it was	63876
approved by the STEM committee under section 3326.04 of the	63877
Revised Code. If the department finds that the school is not in	63878
compliance with this chapter or with the proposal, the department	63879
shall consult with the STEM committee, and the committee may order	63880
the school to close on the last day of the school year in which	63881
the committee issues its order.	63882

(C) The governing body of each STEM school shall comply with	63883
sections 121.22 and 149.43 of the Revised Code.	63884

Sec. 3326.11. Each science, technology, engineering, and	63885
mathematics school established under this chapter and its	63886
governing body shall comply with sections 9.90, 9.91, 109.65,	63887
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	63888
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	63889
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	63890
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	63891
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	63892
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	63893
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	63894
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	63895
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	63896
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	63897
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	63898
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	63899
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	63900
4123., 4141., and 4167. of the Revised Code as if it were a school	63901
district.	63902

Sec. 3326.112. The governing body of each STEM school shall	63903
comply with the standards for financial reporting adopted under	63904
division (B)(2) of section 3301.07 of the Revised Code.	63905

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	63906
Revised Code:	63907

(A) ~~"Applicable special education weight" means the multiple~~	63908
~~specified in section 3317.013 of the Revised Code for a disability~~	63909
~~described in that section.~~	63910

~~(B) "Applicable vocational education weight" means the~~	63911
~~multiple specified in section 3317.014 of the Revised Code for~~	63912
~~vocational education programs or classes described in that section~~	63913
(1) "Category one career-technical education student" means a	63914
student who is receiving the career-technical education services	63915
described in division (A) of section 3317.014 of the Revised Code.	63916

(2) "Category two career-technical student" means a student	63917
who is receiving the career-technical education services described	63918
in division (B) of section 3317.014 of the Revised Code.	63919

(3) "Category three career-technical student" means a student	63920
who is receiving the career-technical education services described	63921
in division (C) of section 3317.014 of the Revised Code.	63922

(4) "Category four career-technical student" means a student	63923
who is receiving the career-technical education services described	63924
in division (D) of section 3317.014 of the Revised Code.	63925

(5) "Category five career-technical education student" means	63926
a student who is receiving the career-technical education services	63927
described in division (E) of section 3317.014 of the Revised Code.	63928

(B)(1) "Category one limited English proficient student"	63929
means a limited English proficient student described in division	63930
(A) of section 3317.016 of the Revised Code.	63931

(2) "Category two limited English proficient student" means a	63932
limited English proficient student described in division (B) of	63933
section 3317.016 of the Revised Code.	63934

(3) "Category three limited English proficient student" means	63935
a limited English proficient student described in division (C) of	63936
section 3317.016 of the Revised Code.	63937

(C)(1) "Category one special education student" means a	63938
student who is receiving special education services for a	63939
disability specified in division (A) of section 3317.013 of the	63940
Revised Code.	63941

(2) "Category two special education student" means a student	63942
who is receiving special education services for a disability	63943
specified in division (B) of section 3317.013 of the Revised Code.	63944

(3) "Category three special education student" means a	63945
student who is receiving special education services for a	63946
disability specified in division (C) of section 3317.013 of the	63947
Revised Code.	63948

(4) "Category four special education student" means a student	63949
who is receiving special education services for a disability	63950
specified in division (D) of section 3317.013 of the Revised Code.	63951

(5) "Category five special education student" means a student	63952
who is receiving special education services for a disability	63953
specified in division (E) of section 3317.013 of the Revised Code.	63954

(6) "Category six special education student" means a student	63955
who is receiving special education services for a disability	63956
specified in division (F) of section 3317.013 of the Revised Code.	63957

~~(C)~~(D) "Formula amount" has the same meaning as in section	63958
3317.02 of the Revised Code.	63959

~~(D)~~(E) "IEP" means an individualized education program as	63960
defined in section 3323.01 of the Revised Code.	63961

~~(E) A student is "included in the poverty student count of~~	63962
~~the student's resident district" if the student's family receives~~	63963
~~assistance under the Ohio works first program.~~	63964

(F) "Resident district" means the school district in which a	63965
student is entitled to attend school under section 3313.64 or	63966
3313.65 of the Revised Code.	63967

(G) "State education aid" has the same meaning as in section	63968
5751.20 of the Revised Code.	63969

Sec. 3326.32. Each science, technology, engineering, and	63970
mathematics school shall report to the department of education, in	63971
the form and manner required by the department, all of the	63972
following information:	63973

(A) The total number of students enrolled in the school;

63974

(B) The number of students who are receiving special	63975
education and related services pursuant to an IEP;	63976

(C) For each student reported under division (B) of this	63977
section, which category specified in divisions (A) to (F) of	63978
section 3317.013 of the Revised Code applies to the student;	63979

(D) The full-time equivalent number of students who are	63980
enrolled in ~~vocational~~career-technical education programs or	63981
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	63982
(E) of section 3317.014 of the Revised Code that are provided by	63983
the STEM school;	63984

(E) The number of students who are limited English proficient	63985
students and which category specified in divisions (A) to (C) of	63986
section 3317.016 of the Revised Code applies to each student;	63987

(F) The number of students reported under division (A) of	63988
this section who are economically disadvantaged, as defined by the	63989
department. A student shall not be categorically excluded from the	63990
number reported under division (F) of this section based on	63991
anything other than family income.	63992

(G) The resident district of each student;

63993

~~(F)~~(H) Any additional information the department determines	63994
necessary to make payments under this chapter.	63995

Sec. 3326.33. ~~Payments and deductions under this section for~~	63996
~~fiscal years 2012 and 2013 shall be made in accordance with~~	63997
~~section 3326.39 of the Revised Code.~~	63998

For each student enrolled in a science, technology,	63999
engineering, and mathematics school established under this	64000
chapter, on a full-time equivalency basis, the department of	64001
education annually shall deduct from the state education aid of a	64002
student's resident school district and, if necessary, from the	64003
payment made to the district under sections 321.24 and 323.156 of	64004
the Revised Code and pay to the school the sum of the following:	64005

(A) ~~The sum of the formula amount plus the per pupil amount~~	64006
~~of the base funding supplements specified in divisions (C)(1) to~~	64007
~~(4) of section 3317.012 of the Revised Code.~~	64008

~~(B) If the student is receiving special education and related~~	64009
~~services pursuant to an IEP, the product of the applicable special~~	64010
~~education weight times the formula amount;~~	64011

~~(C) If the student is enrolled in vocational education~~	64012
~~programs or classes that are described in section 3317.014 of the~~	64013
~~Revised Code, are provided by the school, and are comparable as~~	64014
~~determined by the superintendent of public instruction to school~~	64015
~~district vocational education programs and classes eligible for~~	64016
~~state weighted funding under section 3317.014 of the Revised Code,~~	64017
~~the product of the applicable vocational education weight times~~	64018
~~the formula amount times the percentage of time the student spends~~	64019
~~in the vocational education programs or classes;~~	64020

~~(D) If the student is included in the poverty student count~~	64021
~~of the student's resident district, the per pupil amount of the~~	64022
~~district's payment under division (C) of section 3317.029 of the~~	64023
~~Revised Code;~~	64024

~~(E) If the student is identified as limited English~~	64025
~~proficient and the student's resident district receives a payment~~	64026
~~for services to limited English proficient students under division~~	64027
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	64028
~~of the district's payment under that division, calculated in the~~	64029
~~same manner as per pupil payments are calculated under division~~	64030
~~(C)(6) of section 3314.08 of the Revised Code;~~	64031

~~(F) If the student's resident district receives a payment~~	64032
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	64033
~~Code, the per pupil amount of the district's payments under each~~	64034
~~division, calculated in the same manner as per pupil payments are~~	64035
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	64036
~~the Revised Code;~~	64037

~~(G) If the student's resident district receives a parity aid~~	64038
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	64039
~~amount calculated for the district under division (C) or (D) of~~	64040
~~that section~~An opportunity grant in an amount equal to the	64041
formula amount;	64042

(B) The per pupil amount of targeted assistance funds	64043
calculated under division (A) of section 3317.0217 of the Revised	64044
Code for the student's resident district, as determined by the	64045
department, X 0.25;	64046

(C) Additional state aid for special education and related	64047
services provided under Chapter 3323. of the Revised Code as	64048
follows:	64049

(1) If the student is a category one special education	64050
student, the amount specified in division (A) of section 3317.013	64051
of the Revised Code;	64052

(2) If the student is a category two special education	64053
student, the amount specified in division (B) of section 3317.013	64054
of the Revised Code;	64055

(3) If the student is a category three special education	64056
student, the amount specified in division (C) of section 3317.013	64057
of the Revised Code;	64058

(4) If the student is a category four special education	64059
student, the amount specified in division (D) of section 3317.013	64060
of the Revised Code;	64061

(5) If the student is a category five special education	64062
student, the amount specified in division (E) of section 3317.013	64063
of the Revised Code;	64064

(6) If the student is a category six special education	64065
student, the amount specified in division (F) of section 3317.013	64066
of the Revised Code.	64067

(D) If the student is in kindergarten through third grade,	64068
$225, in fiscal year 2014, or $335, in fiscal year 2015;	64069

(E) If the student is economically disadvantaged, an amount	64070
equal to the following:	64071

($250, in fiscal year 2014, or $253, in fiscal year 2015) X (the	64072
resident district's economically disadvantaged index)	64073

(F) Limited English proficiency funds, as follows:

64074

(1) If the student is a category one limited English	64075
proficient student, the amount specified in division (A) of	64076
section 3317.016 of the Revised Code;	64077

(2) If the student is a category two limited English	64078
proficient student, the amount specified in division (B) of	64079
section 3317.016 of the Revised Code;	64080

(3) If the student is a category three limited English	64081
proficient student, the amount specified in division (C) of	64082
section 3317.016 of the Revised Code.	64083

(G) Career-technical education funds as follows:

64084

(1) If the student is a category one career-technical	64085
education student, the amount specified in division (A) of section	64086
3317.014 of the Revised Code;	64087

(2) If the student is a category two career-technical	64088
education student, the amount specified in division (B) of section	64089
3317.014 of the Revised Code;	64090

(3) If the student is a category three career-technical	64091
education student, the amount specified in division (C) of section	64092
3317.014 of the Revised Code;	64093

(4) If the student is a category four career-technical	64094
education student, the amount specified in division (D) of section	64095
3317.014 of the Revised Code;	64096

(5) If the student is a category five career-technical	64097
education student, the amount specified in division (E) of section	64098
3317.014 of the Revised Code.	64099

Deduction and payment of funds under division (G) of this	64100
section is subject to approval under section 3317.161 of the	64101
Revised Code.	64102

Sec. 3326.34. If a science, technology, engineering, and	64103
mathematics school established under this chapter incurs costs for	64104
a fiscal year for a student receiving special education and	64105
related services pursuant to an IEP for a disability described in	64106
divisions (B) to (F) of section 3317.013 of the Revised Code that	64107
exceed the threshold catastrophic cost for serving the student as	64108
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	64109
of the Revised Code, the STEM school may submit to the	64110
superintendent of public instruction documentation, as prescribed	64111
by the superintendent, of all its costs for that student. Upon	64112
submission of documentation for a student of the type and in the	64113
manner prescribed, the department of education shall pay to the	64114
school an amount equal to the school's costs for the student in	64115
excess of the threshold catastrophic costs.	64116

The school shall only report under this section, and the	64117
department shall only pay for, the costs of educational expenses	64118
and the related services provided to the student in accordance	64119
with the student's IEP. Any legal fees, court costs, or other	64120
costs associated with any cause of action relating to the student	64121
may not be included in the amount.	64122

Sec. 3326.38. A science, technology, engineering, and	64123
mathematics school may do ~~all~~both of the following:	64124

(A) ~~Apply to the department of education for gifted unit~~	64125
~~funding;~~	64126

~~(B)~~ Apply to any state or federal agency for grants that a	64127
school district or public school may receive under federal or	64128
state law or any appropriations act of the general assembly;	64129

~~(C)~~(B) Apply to any private entity or foundation for	64130
additional funds.	64131

Sec. 3326.39. (A) In any fiscal year, a STEM school	64132
receiving funds under division (G) of section 3326.33 of the	64133
Revised Code shall spend those funds only for the purposes that	64134
the department designates as approved for career-technical	64135
education expenses. Career-technical educational expenses approved	64136
by the department shall include only expenses connected to the	64137
delivery of career-technical programming to career-technical	64138
students. The department shall require the school to report data	64139
annually so that the department may monitor the school's	64140
compliance with the requirements regarding the manner in which	64141
funding received under division (G) of section 3326.33 of the	64142
Revised Code may be spent.	64143

(B) All funds received under division (G) of section 3326.33	64144
of the Revised Code shall be spent in the following manner:	64145

(1) At least seventy-five per cent of the funds shall be	64146
spent on curriculum development, purchase, and implementation;	64147
instructional resources and supplies; industry-based program	64148
certification; student assessment, credentialing, and placement;	64149
curriculum specific equipment purchases and leases;	64150
career-technical student organization fees and expenses; home and	64151
agency linkages; work-based learning experiences; professional	64152
development; and other costs directly associated with	64153
career-technical education programs including development of new	64154
programs.	64155

(2) Not more than twenty-five per cent of the funds shall be	64156
used for personnel expenditures.	64157

Sec. 3326.40. A STEM school shall spend the funds it	64158
receives under division (E) of section 3326.33 of the Revised Code	64159
in accordance with section 3317.25 of the Revised Code.	64160

Sec. 3326.45. (A) The governing body of a science,	64161
technology, engineering, and mathematics school may contract with	64162
the governing board of an educational service center or the board	64163
of education of a joint vocational school district for the	64164
provision of services to the STEM school or to any student	64165
enrolled in the school. Services provided under the contract and	64166
the amount to be paid for those services shall be mutually agreed	64167
to by the parties to the contract, and shall be specified in the	64168
contract.	64169

(B) A contract entered into under this section may require an	64170
educational service center to provide any one or a combination of	64171
the following services to a STEM school:	64172

(1) Supervisory teachers;

64173

(2) In-service and continuing education programs for	64174
personnel of the STEM school;	64175

(3) Curriculum services as provided to the client school	64176
districts of the service center;	64177

(4) Research and development programs;

64178

(5) Academic instruction for which the service center	64179
governing board employs teachers;	64180

(6) Assistance in the provision of special accommodations and	64181
classes for students with disabilities.	64182

Services described in division (B) of this section shall be	64183
provided to the STEM school in the same manner they are provided	64184
to client school districts of the service center, unless otherwise	64185
specified in the contract. The contract shall specify whether the	64186
service center will receive a per-pupil payment from the	64187
department of education for the provision of these services and,	64188
if so, the amount of the per-pupil payment~~, which shall not exceed~~	64189
~~the per-pupil amount paid to the service center under division (F)~~	64190
~~of section 3317.11 of the Revised Code for each student in the~~	64191
~~service center ADM~~.	64192

(C) For each contract entered into under this section, the	64193
department shall deduct the amount owed by the STEM school from	64194
the state funds due to the STEM school under this chapter and	64195
shall pay that amount to the educational service center or joint	64196
vocational school district that is party to the contract. ~~In the~~	64197
~~case of a contract with an educational service center that~~	64198
~~specifies per-pupil payments for the provision of services~~	64199
~~described in division (B) of this section, the department also~~	64200
~~shall pay the service center the amount calculated under division~~	64201
~~(H) of section 3317.11 of the Revised Code.~~	64202

(D) No contract entered into under this section shall be	64203
valid unless a copy is filed with the department by the first day	64204
of the school year for which the contract is in effect.	64205

(E) As used in this section, "client school district" ~~has the~~	64206
~~same meaning as in section 3317.11 of the Revised Code~~means a	64207
city, exempted village, or local school district that has entered	64208
into an agreement under section 3313.843 or 3313.845 of the	64209
Revised Code to receive any services from an educational service	64210
center.	64211

Sec. 3327.01. Notwithstanding division (D) of section	64212
3311.19 and division (D) of section 3311.52 of the Revised Code,	64213
this section and sections 3327.011, 3327.012, and 3327.02 of the	64214
Revised Code do not apply to any joint vocational or cooperative	64215
education school district.	64216

In all city, local, and exempted village school districts	64217
where resident school pupils in grades kindergarten through eight	64218
live more than two miles from the school for which the state board	64219
of education prescribes minimum standards pursuant to division (D)	64220
of section 3301.07 of the Revised Code and to which they are	64221
assigned by the board of education of the district of residence or	64222
to and from the nonpublic or community school which they attend,	64223
the board of education shall provide transportation for such	64224
pupils to and from ~~such~~that school except as provided in section	64225
3327.02 of the Revised Code.	64226

In all city, local, and exempted village school districts	64227
where pupil transportation is required under a career-technical	64228
plan approved by the state board of education under section	64229
3313.90 of the Revised Code, for any student attending a	64230
career-technical program operated by another school district,	64231
including a joint vocational school district, as prescribed under	64232
that section, the board of education of the student's district of	64233
residence shall provide transportation from the public high school	64234
operated by that district to which the student is assigned to the	64235
career-technical program.	64236

In all city, local, and exempted village school districts,	64237
the board may provide transportation for resident school pupils in	64238
grades nine through twelve to and from the high school to which	64239
they are assigned by the board of education of the district of	64240
residence or to and from the nonpublic or community high school	64241
which they attend for which the state board of education	64242
prescribes minimum standards pursuant to division (D) of section	64243
3301.07 of the Revised Code.	64244

A board of education shall not be required to transport	64245
elementary or high school pupils to and from a nonpublic or	64246
community school where such transportation would require more than	64247
thirty minutes of direct travel time as measured by school bus	64248
from the public school building to which the pupils would be	64249
assigned if attending the public school designated by the district	64250
of residence.	64251

Where it is impractical to transport a pupil by school	64252
conveyance, a board of education may offer payment, in lieu of	64253
providing such transportation in accordance with section 3327.02	64254
of the Revised Code.	64255

A board of education shall not be required to transport	64256
elementary or high school pupils to and from a nonpublic or	64257
community school on Saturday or Sunday, unless a board of	64258
education and a nonpublic or community school have an agreement in	64259
place to do so before July 1, 2014.	64260

In all city, local, and exempted village school districts,	64261
the board shall provide transportation for all children who are so	64262
disabled that they are unable to walk to and from the school for	64263
which the state board of education prescribes minimum standards	64264
pursuant to division (D) of section 3301.07 of the Revised Code	64265
and which they attend. In case of dispute whether the child is	64266
able to walk to and from the school, the health commissioner shall	64267
be the judge of such ability. In all city, exempted village, and	64268
local school districts, the board shall provide transportation to	64269
and from school or special education classes for ~~educable~~ mentally	64270
~~retarded~~disabled children in accordance with standards adopted by	64271
the state board of education.	64272

When transportation of pupils is provided the conveyance	64273
shall be run on a time schedule that shall be adopted and put in	64274
force by the board not later than ten days after the beginning of	64275
the school term.	64276

The cost of any transportation service authorized by this	64277
section shall be paid first out of federal funds, if any,	64278
available for the purpose of pupil transportation, and secondly	64279
out of state appropriations, in accordance with regulations	64280
adopted by the state board of education.	64281

No transportation of any pupils shall be provided by any	64282
board of education to or from any school which in the selection of	64283
pupils, faculty members, or employees, practices discrimination	64284
against any person on the grounds of race, color, religion, or	64285
national origin.	64286

Sec. 3327.02. (A) After considering each of the following	64287
factors, the board of education of a city, exempted village, or	64288
local school district may determine that it is impractical to	64289
transport a pupil who is eligible for transportation to and from a	64290
school under section 3327.01 of the Revised Code:	64291

(1) The time and distance required to provide the	64292
transportation;	64293

(2) The number of pupils to be transported;

64294

(3) The cost of providing transportation in terms of	64295
equipment, maintenance, personnel, and administration;	64296

(4) Whether similar or equivalent service is provided to	64297
other pupils eligible for transportation;	64298

(5) Whether and to what extent the additional service	64299
unavoidably disrupts current transportation schedules;	64300

(6) Whether other reimbursable types of transportation are	64301
available.	64302

(B)(1) Based on its consideration of the factors established	64303
in division (A) of this section, the board may pass a resolution	64304
declaring the impracticality of transportation. The resolution	64305
shall include each pupil's name and the reason for impracticality.	64306

(2) The board shall report its determination to the state	64307
board of education in a manner determined by the state board.	64308

(3) The board of education of a local school district	64309
additionally shall submit the resolution for concurrence to the	64310
educational service center that contains the local district's	64311
territory. If the educational service center governing board	64312
considers transportation by school conveyance practicable, it	64313
shall so inform the local board and transportation shall be	64314
provided by such local board. If the educational service center	64315
board agrees with the view of the local board, the local board may	64316
offer payment in lieu of transportation as provided in this	64317
section.	64318

(C) After passing the resolution declaring the impracticality	64319
of transportation, the district board shall offer to provide	64320
payment in lieu of transportation by doing the following:	64321

(1) In accordance with guidelines established by the	64322
department of education, informing the pupil's parent, guardian,	64323
or other person in charge of the pupil of both of the following:	64324

(a) The board's resolution;

64325

(b) The right of the pupil's parent, guardian, or other	64326
person in charge of the pupil to accept the offer of payment in	64327
lieu of transportation or to reject the offer and instead request	64328
the department to initiate mediation procedures.	64329

(2) Issuing the pupil's parent, guardian, or other person in	64330
charge of the pupil a contract or other form on which the parent,	64331
guardian, or other person in charge of the pupil is given the	64332
option to accept or reject the board's offer of payment in lieu of	64333
transportation.	64334

(D) If the parent, guardian, or other person in charge of the	64335
pupil accepts the offer of payment in lieu of providing	64336
transportation, the board shall pay the parent, guardian, or other	64337
person in charge of the pupil an amount that shall be not less	64338
than ~~the amount determined by the department of education as the~~	64339
~~minimum for payment in lieu of transportation,~~two hundred	64340
twenty-five dollars and not more than the amount determined by the	64341
department as the average cost of pupil transportation for the	64342
previous school year. Payment may be prorated if the time period	64343
involved is only a part of the school year.	64344

(E)(1)(a) Upon the request of a parent, guardian, or other	64345
person in charge of the pupil who rejected the payment in lieu of	64346
transportation, the department shall conduct mediation procedures.	64347

(b) If the mediation does not resolve the dispute, the state	64348
board of education shall conduct a hearing in accordance with	64349
Chapter 119. of the Revised Code. The state board may approve the	64350
payment in lieu of transportation or may order the board of	64351
education to provide transportation. The decision of the state	64352
board is binding in subsequent years and on future parties in	64353
interest provided the facts of the determination remain	64354
comparable.	64355

(2) The school district shall provide transportation for the	64356
pupil from the time the parent, guardian, or other person in	64357
charge of the pupil requests mediation until the matter is	64358
resolved under division (E)(1)(a) or (b) of this section.	64359

(F)(1) If the department determines that a school district	64360
board has failed or is failing to provide transportation as	64361
required by division (E)(2) of this section or as ordered by the	64362
state board under division (E)(1)(b) of this section, the	64363
department shall order the school district board to pay to the	64364
pupil's parent, guardian, or other person in charge of the pupil,	64365
an amount equal to the state average daily cost of transportation	64366
as determined by the state board of education for the previous	64367
year. The school district board shall make payments on a schedule	64368
ordered by the department.	64369

(2) If the department subsequently finds that a school	64370
district board is not in compliance with an order issued under	64371
division (F)(1) of this section and the affected pupils are	64372
enrolled in a nonpublic or community school, the department shall	64373
deduct the amount that the board is required to pay under that	64374
order from any pupil transportation payments the department makes	64375
to the school district board under section 3317.0212 of the	64376
Revised Code or other provisions of law. The department shall use	64377
the moneys so deducted to make payments to the nonpublic or	64378
community school attended by the pupil. The department shall	64379
continue to make the deductions and payments required under this	64380
division until the school district board either complies with the	64381
department's order issued under division (F)(1) of this section or	64382
begins providing transportation.	64383

(G) A nonpublic or community school that receives payments	64384
from the department under division (F)(2) of this section shall do	64385
either of the following:	64386

(1) Disburse the entire amount of the payments to the parent,	64387
guardian, or other person in charge of the pupil affected by the	64388
failure of the school district of residence to provide	64389
transportation;	64390

(2) Use the entire amount of the payments to provide	64391
acceptable transportation for the affected pupil.	64392

Sec. 3327.07. (A) The governing authority of a chartered	64393
nonpublic school that transports a student enrolled in the school	64394
to and from school may charge the parent or guardian of the	64395
student a fee for the transportation, if the governing authority	64396
purchased the vehicle that transports the student using no state	64397
or federal funds. The fee shall not exceed the per student cost of	64398
the transportation, as determined by the governing authority.	64399

(B) The parent or guardian of a student who is enrolled in a	64400
chartered nonpublic school and is eligible for transportation by a	64401
school district under section 3327.01 of the Revised Code may	64402
decline that transportation and accept transportation from the	64403
chartered nonpublic school. The governing authority of a chartered	64404
nonpublic school may charge a fee under division (A) of this	64405
section regardless of whether a student is eligible for	64406
transportation under section 3327.01 of the Revised Code.	64407

(C) The offering by the governing authority of a chartered	64408
nonpublic school of transportation to and from the school does not	64409
relieve any school district board of education from any duty	64410
imposed by sections 3327.01 and 3327.02 of the Revised Code with	64411
respect to the chartered nonpublic school's students.	64412

Sec. 3327.10. (A) No person shall be employed as driver of a	64413
school bus or motor van, owned and operated by any school district	64414
or educational service center or privately owned and operated	64415
under contract with any school district or service center in this	64416
state, who has not received a certificate from either the	64417
educational service center governing board ~~in case such person is~~	64418
~~employed by a service center or by a local school district under~~	64419
~~the supervision of the service center governing board,~~that has	64420
entered into an agreement with the school district under section	64421
3313.843 or 3313.845 of the Revised Code or by the superintendent	64422
of ~~schools, in case such person is employed by the board of a city~~	64423
~~or exempted village~~the school district, certifying that such	64424
person is at least eighteen years of age and is of good moral	64425
character and is qualified physically and otherwise for such	64426
position. The service center governing board or the	64427
superintendent, as the case may be, shall provide for an annual	64428
physical examination that conforms with rules adopted by the state	64429
board of education of each driver to ascertain the driver's	64430
physical fitness for such employment. Any certificate may be	64431
revoked by the authority granting the same on proof that the	64432
holder has been guilty of failing to comply with division (D)(1)	64433
of this section, or upon a conviction or a guilty plea for a	64434
violation, or any other action, that results in a loss or	64435
suspension of driving rights. Failure to comply with such division	64436
may be cause for disciplinary action or termination of employment	64437
under division (C) of section 3319.081, or section 124.34 of the	64438
Revised Code.	64439

(B) No person shall be employed as driver of a school bus or	64440
motor van not subject to the rules of the department of education	64441
pursuant to division (A) of this section who has not received a	64442
certificate from the school administrator or contractor certifying	64443
that such person is at least eighteen years of age, is of good	64444
moral character, and is qualified physically and otherwise for	64445
such position. Each driver shall have an annual physical	64446
examination which conforms to the state highway patrol rules,	64447
ascertaining the driver's physical fitness for such employment.	64448
The examination shall be performed by one of the following:	64449

(1) A person licensed under Chapter 4731. of the Revised Code	64450
or by another state to practice medicine and surgery or	64451
osteopathic medicine and surgery;	64452

(2) A physician assistant;

64453

(3) A certified nurse practitioner;

64454

(4) A clinical nurse specialist;

64455

(5) A certified nurse-midwife.

64456

Any written documentation of the physical examination shall	64457
be completed by the individual who performed the examination.	64458

Any certificate may be revoked by the authority granting the	64459
same on proof that the holder has been guilty of failing to comply	64460
with division (D)(2) of this section.	64461

(C) Any person who drives a school bus or motor van must give	64462
satisfactory and sufficient bond except a driver who is an	64463
employee of a school district and who drives a bus or motor van	64464
owned by the school district.	64465

(D) No person employed as driver of a school bus or motor van	64466
under this section who is convicted of a traffic violation or who	64467
has had the person's commercial driver's license suspended shall	64468
drive a school bus or motor van until the person has filed a	64469
written notice of the conviction or suspension, as follows:	64470

(1) If the person is employed under division (A) of this	64471
section, the person shall file the notice with the superintendent,	64472
or a person designated by the superintendent, of the school	64473
district for which the person drives a school bus or motor van as	64474
an employee or drives a privately owned and operated school bus or	64475
motor van under contract.	64476

(2) If employed under division (B) of this section, the	64477
person shall file the notice with the employing school	64478
administrator or contractor, or a person designated by the	64479
administrator or contractor.	64480

(E) In addition to resulting in possible revocation of a	64481
certificate as authorized by divisions (A) and (B) of this	64482
section, violation of division (D) of this section is a minor	64483
misdemeanor.	64484

(F)(1) Not later than thirty days after June 30, 2007, each	64485
owner of a school bus or motor van shall obtain the complete	64486
driving record for each person who is currently employed or	64487
otherwise authorized to drive the school bus or motor van. An	64488
owner of a school bus or motor van shall not permit a person to	64489
operate the school bus or motor van for the first time before the	64490
owner has obtained the person's complete driving record.	64491
Thereafter, the owner of a school bus or motor van shall obtain	64492
the person's driving record not less frequently than semiannually	64493
if the person remains employed or otherwise authorized to drive	64494
the school bus or motor van. An owner of a school bus or motor van	64495
shall not permit a person to resume operating a school bus or	64496
motor van, after an interruption of one year or longer, before the	64497
owner has obtained the person's complete driving record.	64498

(2) The owner of a school bus or motor van shall not permit a	64499
person to operate the school bus or motor van for six years after	64500
the date on which the person pleads guilty to or is convicted of a	64501
violation of section 4511.19 of the Revised Code or a	64502
substantially equivalent municipal ordinance.	64503

(3) An owner of a school bus or motor van shall not permit	64504
any person to operate such a vehicle unless the person meets all	64505
other requirements contained in rules adopted by the state board	64506
of education prescribing qualifications of drivers of school buses	64507
and other student transportation.	64508

(G) No superintendent of a school district, educational	64509
service center, community school, or public or private employer	64510
shall permit the operation of a vehicle used for pupil	64511
transportation within this state by an individual unless both of	64512
the following apply:	64513

(1) Information pertaining to that driver has been submitted	64514
to the department of education, pursuant to procedures adopted by	64515
that department. Information to be reported shall include the name	64516
of the employer or school district, name of the driver, driver	64517
license number, date of birth, date of hire, status of physical	64518
evaluation, and status of training.	64519

(2) The most recent criminal records check required by	64520
division (J) of this section has been completed and received by	64521
the superintendent or public or private employer.	64522

(H) A person, school district, educational service center,	64523
community school, nonpublic school, or other public or nonpublic	64524
entity that owns a school bus or motor van, or that contracts with	64525
another entity to operate a school bus or motor van, may impose	64526
more stringent restrictions on drivers than those prescribed in	64527
this section, in any other section of the Revised Code, and in	64528
rules adopted by the state board.	64529

(I) For qualified drivers who, on July 1, 2007, are employed	64530
by the owner of a school bus or motor van to drive the school bus	64531
or motor van, any instance in which the driver was convicted of or	64532
pleaded guilty to a violation of section 4511.19 of the Revised	64533
Code or a substantially equivalent municipal ordinance prior to	64534
two years prior to July 1, 2007, shall not be considered a	64535
disqualifying event with respect to division (F) of this section.	64536

(J)(1) This division applies to persons hired by a school	64537
district, educational service center, community school, chartered	64538
nonpublic school, or science, technology, engineering, and	64539
mathematics school established under Chapter 3326. of the Revised	64540
Code to operate a vehicle used for pupil transportation.	64541

For each person to whom this division applies who is hired on	64542
or after November 14, 2007, the employer shall request a criminal	64543
records check in accordance with section 3319.39 of the Revised	64544
Code and every six years thereafter. For each person to whom this	64545
division applies who is hired prior to that date, the employer	64546
shall request a criminal records check by a date prescribed by the	64547
department of education and every six years thereafter.	64548

(2) This division applies to persons hired by a public or	64549
private employer not described in division (J)(1) of this section	64550
to operate a vehicle used for pupil transportation.	64551

For each person to whom this division applies who is hired on	64552
or after November 14, 2007, the employer shall request a criminal	64553
records check prior to the person's hiring and every six years	64554
thereafter. For each person to whom this division applies who is	64555
hired prior to that date, the employer shall request a criminal	64556
records check by a date prescribed by the department and every six	64557
years thereafter.	64558

(3) Each request for a criminal records check under division	64559
(J) of this section shall be made to the superintendent of the	64560
bureau of criminal identification and investigation in the manner	64561
prescribed in section 3319.39 of the Revised Code, except that if	64562
both of the following conditions apply to the person subject to	64563
the records check, the employer shall request the superintendent	64564
only to obtain any criminal records that the federal bureau of	64565
investigation has on the person:	64566

(a) The employer previously requested the superintendent to	64567
determine whether the bureau of criminal identification and	64568
investigation has any information, gathered pursuant to division	64569
(A) of section 109.57 of the Revised Code, on the person in	64570
conjunction with a criminal records check requested under section	64571
3319.39 of the Revised Code or under division (J) of this section.	64572

(b) The person presents proof that the person has been a	64573
resident of this state for the five-year period immediately prior	64574
to the date upon which the person becomes subject to a criminal	64575
records check under this section.	64576

Upon receipt of a request, the superintendent shall conduct	64577
the criminal records check in accordance with section 109.572 of	64578
the Revised Code as if the request had been made under section	64579
3319.39 of the Revised Code. However, as specified in division	64580
(B)(2) of section 109.572 of the Revised Code, if the employer	64581
requests the superintendent only to obtain any criminal records	64582
that the federal bureau of investigation has on the person for	64583
whom the request is made, the superintendent shall not conduct the	64584
review prescribed by division (B)(1) of that section.	64585

(K)(1) Until the effective date of the amendments to rule	64586
3301-83-23 of the Ohio Administrative Code required by the second	64587
paragraph of division (E) of section 3319.39 of the Revised Code,	64588
any person who is the subject of a criminal records check under	64589
division (J) of this section and has been convicted of or pleaded	64590
guilty to any offense described in division (B)(1) of section	64591
3319.39 of the Revised Code shall not be hired or shall be	64592
released from employment, as applicable, unless the person meets	64593
the rehabilitation standards prescribed for nonlicensed school	64594
personnel by rule 3301-20-03 of the Ohio Administrative Code.	64595

(2) Beginning on the effective date of the amendments to rule	64596
3301-83-23 of the Ohio Administrative Code required by the second	64597
paragraph of division (E) of section 3319.39 of the Revised Code,	64598
any person who is the subject of a criminal records check under	64599
division (J) of this section and has been convicted of or pleaded	64600
guilty to any offense that, under the rule, disqualifies a person	64601
for employment to operate a vehicle used for pupil transportation	64602
shall not be hired or shall be released from employment, as	64603
applicable, unless the person meets the rehabilitation standards	64604
prescribed by the rule.	64605

Sec. 3328.27. The board of trustees of each	64606
college-preparatory boarding school shall comply with the	64607
standards for financial reporting adopted under division (B)(2) of	64608
section 3301.07 of the Revised Code.	64609

Sec. 3333.041. (A) On or before the last day of December of	64610
each year, the chancellor of the Ohio board of regents shall	64611
submit to the governor and, in accordance with section 101.68 of	64612
the Revised Code, the general assembly a report or reports	64613
concerning all of the following:	64614

(1) The status of graduates of Ohio school districts at state	64615
institutions of higher education during the twelve-month period	64616
ending on the thirtieth day of September of the current calendar	64617
year. The report shall list, by school district, the number of	64618
graduates of each school district who attended a state institution	64619
of higher education and the percentage of each district's	64620
graduates enrolled in a state institution of higher education	64621
during the reporting period who were required during such period	64622
by the college or university, as a prerequisite to enrolling in	64623
those courses generally required for first-year students, to	64624
enroll in a remedial course in English, including composition or	64625
reading, mathematics, and any other area designated by the	64626
chancellor. The chancellor also shall make the information	64627
described in division (A)(1) of this section available to the	64628
board of education of each city, exempted village, and local	64629
school district.	64630

Each state institution of higher education shall, by the	64631
first day of November of each year, submit to the chancellor in	64632
the form specified by the chancellor the information the	64633
chancellor requires to compile the report.	64634

(2) Aggregate academic growth data for students assigned to	64635
graduates of teacher preparation programs approved under section	64636
3333.048 of the Revised Code who teach English language arts or	64637
mathematics in any of grades four to eight in a public school in	64638
Ohio. For this purpose, the chancellor shall use the value-added	64639
progress dimension prescribed by section 3302.021 of the Revised	64640
Code or the alternative student academic progress measure if	64641
adopted under division (C)(1)(e) of section 3302.03 of the Revised	64642
Code. The chancellor shall aggregate the data by graduating class	64643
for each approved teacher preparation program, except that if a	64644
particular class has ten or fewer graduates to which this section	64645
applies, the chancellor shall report the data for a group of	64646
classes over a three-year period. In no case shall the report	64647
identify any individual graduate. The department of education	64648
shall share any data necessary for the report with the chancellor.	64649

(3) The following information with respect to the Ohio	64650
tuition trust authority:	64651

(a) The name of each investment manager that is a minority	64652
business enterprise or a women's business enterprise with which	64653
the chancellor contracts;	64654

(b) The amount of assets managed by investment managers that	64655
are minority business enterprises or women's business enterprises,	64656
expressed as a percentage of assets managed by investment managers	64657
with which the chancellor has contracted;	64658

(c) Efforts by the chancellor to increase utilization of	64659
investment managers that are minority business enterprises or	64660
women's business enterprises.	64661

(4) ~~The status of implementation of faculty improvement~~	64662
~~programs under section 3345.28 of the Revised Code. The report~~	64663
~~shall include, but need not be limited to, the following: the~~	64664
~~number of professional leave grants made by each institution; the~~	64665
~~purpose of each professional leave; and a statement of the cost to~~	64666
~~the institution of each professional leave, to the extent that the~~	64667
~~cost exceeds the salary of the faculty member on professional~~	64668
~~leave.~~	64669

~~(5) The number and types of biobased products purchased under~~	64670
~~section 125.092 of the Revised Code and the amount of money spent~~	64671
~~by state institutions of higher education for those biobased~~	64672
~~products as that information is provided to the chancellor under~~	64673
~~division (A) of section 3345.692 of the Revised Code.~~	64674

~~(6)~~ A description of dual enrollment programs, as defined in	64675
section 3313.6013 of the Revised Code, that are offered by school	64676
districts, community schools established under Chapter 3314. of	64677
the Revised Code, STEM schools established under Chapter 3326. of	64678
the Revised Code, college-preparatory boarding schools established	64679
under Chapter 3328. of the Revised Code, and chartered nonpublic	64680
high schools. The chancellor also shall post the information on	64681
the chancellor's web site.	64682

~~(7) The academic and economic impact of the Ohio innovation~~	64683
~~partnership established under section 3333.61 of the Revised Code.~~	64684
~~At a minimum, the report shall include the following:~~	64685

~~(a) Progress and performance metrics for each initiative that~~	64686
~~received an award in the previous fiscal year;~~	64687

~~(b) Economic indicators of the impact of each initiative, and~~	64688
~~all initiatives as a whole, on the regional economies and the~~	64689
~~statewide economy;~~	64690

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	64691
first scholarships, as established under section 3333.61 of the	64692
Revised Code, among state universities and colleges and how the	64693
actual awards fit that strategy.	64694

~~(8)~~(6) The academic and economic impact of the Ohio	64695
co-op/internship program established under section 3333.72 of the	64696
Revised Code. At a minimum, the report shall include the	64697
following:	64698

(a) Progress and performance metrics for each initiative that	64699
received an award in the previous fiscal year;	64700

(b) Economic indicators of the impact of each initiative, and	64701
all initiatives as a whole, on the regional economies and the	64702
statewide economy;	64703

(c) The chancellor's strategy in allocating awards among	64704
state institutions of higher education and how the actual awards	64705
fit that strategy.	64706

(B) As used in this section:

64707

(1) "Minority business enterprise" has the same meaning as in	64708
section 122.71 of the Revised Code.	64709

(2) "State institution of higher education" and "state	64710
university" have the same meanings as in section 3345.011 of the	64711
Revised Code.	64712

(3) "State university or college" has the same meaning as in	64713
section 3345.12 of the Revised Code.	64714

(4) "Women's business enterprise" means a business, or a	64715
partnership, corporation, limited liability company, or joint	64716
venture of any kind, that is owned and controlled by women who are	64717
United States citizens and residents of this state.	64718

Sec. 3333.049. No nonprofit institution that holds a	64719
certificate of authorization issued under Chapter 1713. of the	64720
Revised Code shall be liable for a breach of confidentiality	64721
arising from the institution's submission of student data or	64722
records to the board of regents or any other state agency in	64723
compliance with any law, rule, or regulation, provided that the	64724
breach occurs as a result of one of the following:	64725

(A) An action by a third party during and after the	64726
transmission of the data or records by the institution but prior	64727
to receipt of the data or records by the board of regents or other	64728
state agency;	64729

(B) An action by the board of regents or the state agency.

64730

This provision shall apply to the submission of any student	64731
data or records that are subject to any laws of this state or, to	64732
the extent permitted, any federal law, including the "Family	64733
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	64734
U.S.C. 1232g.	64735

Sec. 3333.124. There is hereby created in the state treasury	64736
the Ohio college opportunity grant program reserve fund. Not later	64737
than the first day of July of each fiscal year, the chancellor of	64738
the Ohio board of regents shall certify to the director of budget	64739
and management the unencumbered balance of the general revenue	64740
fund appropriations made in the immediately preceding fiscal year	64741
for purposes of the Ohio college opportunity grant program created	64742
in section 3333.122 of the Revised Code. Upon receipt of the	64743
certification, the director may transfer an amount not exceeding	64744
the certified amount from the general revenue fund to the Ohio	64745
college opportunity grant program reserve fund. Moneys in the Ohio	64746
college opportunity grant program reserve fund shall be used to	64747
pay grant obligations in excess of the general revenue fund	64748
appropriations made for that purpose.	64749

The director may transfer any unencumbered balance from the	64750
Ohio college opportunity grant program reserve fund to the general	64751
revenue fund.	64752

Sec. 3333.342. (A) The chancellor of the Ohio board of	64753
regents may designate a "certificate of value" for a certificate	64754
program at any adult career-technical education institution or	64755
state institution of higher education, as defined under section	64756
3345.011 of the Revised Code, based on the standards adopted under	64757
division (B) of this section.	64758

(B) The chancellor shall develop standards for designation of	64759
the certificates of value for certificate programs at adult	64760
career-technical education institutions and state institutions of	64761
higher education. The standards shall include at least the	64762
following considerations:	64763

(1) The quality of the certificate program;

64764

(2) The ability to transfer agreed-upon technical courses	64765
completed through an adult career-technical education institution	64766
to a state institution of higher education without unnecessary	64767
duplication or institutional barriers;	64768

(3) The extent to which the certificate program encourages a	64769
student to obtain an associate's or bachelor's degree;	64770

(4) The extent to which the certificate program increases a	64771
student's likelihood to complete other certificate programs or an	64772
associate's or bachelor's degree;	64773

(5) The ability of the certificate program to meet the	64774
expectations of the workplace and higher education;	64775

(6) The extent to which the certificate program is aligned	64776
with the strengths of the regional economy;	64777

(7) The extent to which the certificate program increases the	64778
amount of individuals who remain in or enter the state's	64779
workforce;	64780

(8) The extent of a certificate program's relationship with	64781
private companies in the state to fill potential job growth.	64782

(C) The designation of a certificate of value under this	64783
section shall expire six years after its designation date.	64784

(D) The chancellor may revoke a designation prior to its	64785
expiration date if the chancellor determines that the program no	64786
longer complies with the standards developed under division (B) of	64787
this section.	64788

(E) Any revocation of a certificate of value under this	64789
section shall become effective one hundred eighty days after the	64790
date the revocation was declared by the chancellor.	64791

(F) Any adult career-technical education institution or state	64792
institution of higher education that desires to be eligible to	64793
receive a designation of certificate of value for one or more of	64794
its certificate programs shall comply with all records and data	64795
requests required by the chancellor.	64796

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

64797

(1) "Allocated state share of instruction" means, for any	64798
fiscal year, the amount of the state share of instruction	64799
appropriated to the Ohio board of regents by the general assembly	64800
that is allocated to a community or technical college or community	64801
or technical college district for such fiscal year.	64802

(2) "Issuing authority" has the same meaning as in section	64803
154.01 of the Revised Code.	64804

(3) "Bond service charges" has the same meaning as in section	64805
154.01 of the Revised Code.	64806

(4) "Chancellor" means the chancellor of the Ohio board of	64807
regents.	64808

(5) "Community or technical college" or "college" means any	64809
of the following state-supported or state-assisted institutions of	64810
higher education:	64811

(a) A community college as defined in section 3354.01 of the	64812
Revised Code;	64813

(b) A technical college as defined in section 3357.01 of the	64814
Revised Code;	64815

(c) A state community college as defined in section 3358.01	64816
of the Revised Code.	64817

(6) "Community or technical college district" or "district"	64818
means any of the following institutions of higher education that	64819
are state-supported or state-assisted:	64820

(a) A community college district as defined in section	64821
3354.01 of the Revised Code;	64822

(b) A technical college district as defined in section	64823
3357.01 of the Revised Code;	64824

(c) A state community college district as defined in section	64825
3358.01 of the Revised Code.	64826

(7) "Credit enhancement facilities" has the same meaning as	64827
in section 133.01 of the Revised Code.	64828

(8) "Obligations" has the meaning as in section 154.01 or	64829
3345.12 of the Revised Code, as the context requires.	64830

(B) The board of trustees of any community or technical	64831
college district authorizing the issuance of obligations under	64832
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	64833
Revised Code, or for whose benefit and on whose behalf the issuing	64834
authority proposes to issue obligations under section 154.25 of	64835
the Revised Code, may adopt a resolution requesting the chancellor	64836
to enter into an agreement with the community or technical college	64837
district and the primary paying agent or fiscal agent for such	64838
obligations, providing for the withholding and deposit of funds	64839
otherwise due the district or the community or technical college	64840
it operates in respect of its allocated state share of	64841
instruction, for the payment of bond service charges on such	64842
obligations.	64843

The board of trustees shall deliver to the chancellor a copy	64844
of the resolution and any additional pertinent information the	64845
chancellor may require.	64846

The chancellor and the office of budget and management, and	64847
the issuing authority in the case of obligations to be issued by	64848
the issuing authority, shall evaluate each request received from a	64849
community or technical college district under this section. The	64850
chancellor, with the advice and consent of the director of budget	64851
and management and the issuing authority in the case of	64852
obligations to be issued by the issuing authority, shall approve	64853
each request if all of the following conditions are met:	64854

(1) Approval of the request will enhance the marketability of	64855
the obligations for which the request is made;	64856

(2) The chancellor and the office of budget and management,	64857
and the issuing authority in the case of obligations to be issued	64858
by the issuing authority, have no reason to believe the requesting	64859
community or technical college district or the community or	64860
technical college it operates will be unable to pay when due the	64861
bond service charges on the obligations for which the request is	64862
made, and bond service charges on those obligations are therefore	64863
not anticipated to be paid pursuant to this section from the	64864
allocated state share of instruction for purposes of Section 17 of	64865
Article VIII, Ohio Constitution.	64866

(3) Any other pertinent conditions established in rules	64867
adopted under division (H) of this section.	64868

(C) If the chancellor approves the request of a community or	64869
technical college district to withhold and deposit funds pursuant	64870
to this section, the chancellor shall enter into a written	64871
agreement with the district and the primary paying agent or fiscal	64872
agent for the obligations, which agreement shall provide for the	64873
withholding of funds pursuant to this section for the payment of	64874
bond service charges on those obligations. The agreement may also	64875
include both of the following:	64876

(1) Provisions for certification by the district to the	64877
chancellor, prior to the deadline for payment of the applicable	64878
bond service charges, whether the district and the community or	64879
technical college it operates are able to pay those bond service	64880
charges when due;	64881

(2) Requirements that the district or the community or	64882
technical college it operates deposits amounts for the payment of	64883
those bond service charges with the primary paying agent or fiscal	64884
agent for the obligations prior to the date on which the bond	64885
service charges are due to the owners or holders of the	64886
obligations.	64887

(D) Whenever a district or the community or technical college	64888
it operates notifies the chancellor that it will not be able to	64889
pay the bond service charges when they are due, subject to the	64890
withholding provisions of this section, or whenever the applicable	64891
paying agent or fiscal agent notifies the chancellor that it has	64892
not timely received from a district or from the college it	64893
operates the full amount needed for payment of the bond service	64894
charges when due to the holders or owners of such obligations, the	64895
chancellor shall immediately contact the district or college and	64896
the paying agent or fiscal agent to confirm that the district and	64897
the college are not able to make the required payment by the date	64898
on which it is due.	64899

If the chancellor confirms that the district and the college	64900
are not able to make the payment and the payment will not be made	64901
pursuant to a credit enhancement facility, the chancellor shall	64902
promptly pay to the applicable primary paying agent or fiscal	64903
agent the lesser of the amount due for bond service charges or the	64904
amount of the next periodic distribution scheduled to be made to	64905
the district or to the college in respect of its allocated state	64906
share of instruction. If this amount is insufficient to pay the	64907
total amount then due the agent for the payment of bond service	64908
charges, the chancellor shall continue to pay to the agent from	64909
each periodic distribution thereafter, and until the full amount	64910
due the agent for unpaid bond service charges is paid in full, the	64911
lesser of the remaining amount due the agent for bond service	64912
charges or the amount of the next periodic distribution scheduled	64913
to be made to the district or college in respect of its allocated	64914
state share of instruction.	64915

(E) The chancellor may make any payments under this section	64916
by direct deposit of funds by electronic transfer.	64917

Any amount received by a paying agent or fiscal agent under	64918
this section shall be applied only to the payment of bond service	64919
charges on the obligations of the community or technical college	64920
district or community or technical college subject to this section	64921
or to the reimbursement of the provider of a credit enhancement	64922
facility that has paid the bond service charges.	64923

(F) The chancellor may make payments under this section to	64924
paying agents or fiscal agents during any fiscal biennium of the	64925
state only from and to the extent that money is appropriated to	64926
the board of regents by the general assembly for distribution	64927
during such biennium for the state share of instruction and only	64928
to the extent that a portion of the state share of instruction has	64929
been allocated to the community or technical college district or	64930
community or technical college. Obligations of the issuing	64931
authority or of a community or technical college district to which	64932
this section is made applicable do not constitute an obligation or	64933
a debt or a pledge of the faith, credit, or taxing power of the	64934
state, and the holders or owners of those obligations have no	64935
right to have excises or taxes levied or appropriations made by	64936
the general assembly for the payment of bond service charges on	64937
the obligations, and the obligations shall contain a statement to	64938
that effect. The agreement for or the actual withholding and	64939
payment of money under this section does not constitute the	64940
assumption by the state of any debt of a community or technical	64941
college district or a community or technical college, and bond	64942
service charges on the related obligations are not anticipated to	64943
be paid from the state general revenue fund for purposes of	64944
Section 17 of Article VIII, Ohio Constitution.	64945

(G) In the case of obligations subject to the withholding	64946
provisions of this section, the issuing community or technical	64947
college district, or the issuing authority in the case of	64948
obligations issued by the issuing authority, shall appoint a	64949
paying agent or fiscal agent who is not an officer or employee of	64950
the district or college.	64951

(H) The chancellor, with the advice and consent of the office	64952
of budget and management, may adopt reasonable rules not	64953
inconsistent with this section for the implementation of this	64954
section to secure payment of bond service charges on obligations	64955
issued by a community or technical college district or by the	64956
issuing authority for the benefit of a community or technical	64957
college district or the community or technical college it	64958
operates. Those rules shall include criteria for the evaluation	64959
and approval or denial of community or technical college district	64960
requests for withholding under this section.	64961

(I) The authority granted by this section is in addition to	64962
and not a limitation on any other authorizations granted by or	64963
pursuant to law for the same or similar purposes.	64964

Sec. 3333.613. There is hereby created in the state treasury	64965
the choose Ohio first scholarship reserve fund. Not later than the	64966
first day of July of each fiscal year, the chancellor of the Ohio	64967
board of regents shall certify to the director of budget and	64968
management the unencumbered balance of the general revenue fund	64969
appropriations made in the immediately preceding fiscal year for	64970
purposes of the choose Ohio first scholarship program created in	64971
section 3333.61 of the Revised Code. Upon receipt of the	64972
certification, the director may transfer an amount not exceeding	64973
the certified amount from the general revenue fund to the choose	64974
Ohio first scholarship reserve fund. Moneys in the choose Ohio	64975
first scholarship reserve fund shall be used to pay scholarship	64976
obligations in excess of the general revenue fund appropriations	64977
made for that purpose.	64978

The director may transfer any unencumbered balance from the	64979
choose Ohio first scholarship reserve fund to the general revenue	64980
fund.	64981

Sec. 3333.73. The chancellor of the Ohio board of regents	64982
shall establish a competitive process for making awards under the	64983
Ohio co-op/internship program. The chancellor, on completion of	64984
that process, shall make a recommendation to the controlling board	64985
asking for approval of each award selected by the chancellor.	64986

The state institution of higher education shall submit a	64987
proposal and other documentation required by the chancellor, in	64988
the form and manner prescribed by the chancellor, for each award	64989
it seeks. A proposal may propose an initiative to be implemented	64990
solely by the state institution of higher education or in	64991
collaboration with other state institutions of higher education or	64992
nonpublic Ohio universities or colleges.	64993

The chancellor shall determine which proposals will receive	64994
awards each fiscal year, and the amount of each award, on the	64995
basis of the merit of each proposal, which the chancellor, subject	64996
to approval by the controlling board, shall determine based on one	64997
or more of the following criteria:	64998

(A) The extent to which the proposal will keep Ohio students	64999
in Ohio institutions of higher education;	65000

(B) The extent to which the proposal will attract Ohio	65001
residents who left Ohio to attend out-of-state institutions of	65002
higher education to return to Ohio institutions of higher	65003
education;	65004

(C) The extent to which the proposal will increase the number	65005
of Ohio graduates who remain in Ohio and enter Ohio's workforce;	65006

(D) The quality of the program that is the subject of the	65007
proposal and the extent to which additional resources will enhance	65008
its quality;	65009

(E) The extent to which the proposal is integrated with the	65010
strengths of the regional economy;	65011

(F) The extent to which the proposal ~~is aligned with the~~	65012
~~report submitted by the chancellor pursuant to Section 4 of Sub.~~	65013
~~H.B. 2 of the 127th general assembly, as amended~~supports the	65014
workforce policies of the governor's office of workforce	65015
transformation to meet the workforce needs of the state and to	65016
provide a student participating in the program with the skills	65017
needed for workplace success;	65018

(G) The extent to which the proposal facilitates the	65019
development of high quality academic programs with a cooperative	65020
education program or a significant internship program at state	65021
institutions of higher education;	65022

(H) The extent to which the proposal is integrated with	65023
supporting private companies to fill potential job growth, is	65024
responsive to the needs of employers, aligns with the skills	65025
identified by employers as necessary to fill high-demand job	65026
openings, particularly job openings in targeted industry sectors	65027
as identified by the governor's office of workforce	65028
transformation;	65029

(I) The amount of other institutional, public, or private	65030
resources, whether monetary or nonmonetary, the proposal pledges	65031
to leverage that are in addition to the monetary cost-sharing	65032
requirement prescribed in section 3333.74 of the Revised Code;	65033

(J) The extent to which the proposal is collaborative with	65034
other Ohio institutions of higher education;	65035

(K) The extent to which the proposal is integrated with the	65036
institution's mission;	65037

(L) The extent to which the proposal meets a statewide	65038
educational need at the undergraduate or graduate level;	65039

(M) The demonstrated productivity or future capacity of the	65040
students to be recruited;	65041

(N) The extent to which the proposal will create additional	65042
capacity in a high quality academic program with a cooperative	65043
education program or significant internship program;	65044

(O) The extent to which the proposal will encourage students	65045
who received degrees from two-year institutions to pursue	65046
baccalaureate degrees;	65047

(P) The extent to which the proposal facilitates the	65048
completion of a baccalaureate degree in a cost-effective manner;	65049

(Q) The extent to which other institutional, public, or	65050
private resources that are pledged to the proposal, in addition to	65051
the monetary cost-sharing requirement prescribed in section	65052
3333.74 of the Revised Code, will be deployed to assist in	65053
sustaining the academic program of excellence;	65054

(R) The extent to which the proposal increases the likelihood	65055
that students will successfully complete their degree programs or	65056
certificate programs;	65057

(S) The extent to which the proposal ensures that a student	65058
participating in the high quality academic program funded by the	65059
Ohio co-op/internship program is appropriately qualified and	65060
prepared to successfully transition into professions in Ohio's	65061
growing companies and industries.	65062

Sec. 3333.82. (A) The chancellor of the Ohio board of	65063
regents shall establish a clearinghouse of interactive distance	65064
learning courses and other distance learning courses delivered via	65065
a computer-based method offered by school districts, community	65066
schools, STEM schools, state institutions of higher education,	65067
private colleges and universities, and other nonprofit and	65068
for-profit course providers for sharing with other school	65069
districts, community schools, STEM schools, state institutions of	65070
higher education, private colleges and universities, and	65071
individuals for the fee set pursuant to section 3333.84 of the	65072
Revised Code. The chancellor shall not be responsible for the	65073
content of courses offered through the clearinghouse; however, all	65074
such courses shall be delivered only in accordance with technical	65075
specifications approved by the chancellor and on a common	65076
statewide platform administered by the chancellor.	65077

The clearinghouse's distance learning program for students in	65078
grades kindergarten to twelve shall be based on the following	65079
principles:	65080

(1) All Ohio students shall have access to high quality	65081
distance learning courses at any point in their educational	65082
careers.	65083

(2) All students shall be able to customize their education	65084
using distance learning courses offered through the clearinghouse	65085
and no student shall be denied access to any course in the	65086
clearinghouse in which the student is eligible to enroll.	65087

(3) Students may take distance learning courses for all or	65088
any portion of their curriculum requirements and may utilize a	65089
combination of distance learning courses and courses taught in a	65090
traditional classroom setting.	65091

(4) Students may earn an unlimited number of academic credits	65092
through distance learning courses.	65093

(5) Students may take distance learning courses at any time	65094
of the calendar year.	65095

(6) Student advancement to higher coursework shall be based	65096
on a demonstration of subject area competency instead of	65097
completion of any particular number of hours of instruction.	65098

(B) To offer a course through the clearinghouse, a course	65099
provider shall apply to the chancellor in a form and manner	65100
prescribed by the chancellor. The application for each course	65101
shall describe the course of study in as much detail as required	65102
by the chancellor, whether an instructor is provided, the	65103
qualification and credentials of the instructor, the number of	65104
hours of instruction, and any other information required by the	65105
chancellor. The chancellor may require course providers to include	65106
in their applications information recommended by the state board	65107
of education under former section 3353.30 of the Revised Code.	65108

(C) The chancellor shall review the technical specifications	65109
of each application submitted under division (B) of this section.	65110
In reviewing applications, the chancellor may consult with the	65111
department of education; however, the responsibility to either	65112
approve or not approve a course for the clearinghouse belongs to	65113
the chancellor. The chancellor may request additional information	65114
from a course provider that submits an application under division	65115
(B) of this section, if the chancellor determines that such	65116
information is necessary. The chancellor may negotiate changes in	65117
the proposal to offer a course, if the chancellor determines that	65118
changes are necessary in order to approve the course.	65119

(D) The chancellor shall catalog each course approved for the	65120
clearinghouse, through a print or electronic medium, displaying	65121
the following:	65122

(1) Information necessary for a student and the student's	65123
parent, guardian, or custodian and the student's school district,	65124
community school, STEM school, college, or university to decide	65125
whether to enroll in or subscribe to the course;	65126

(2) Instructions for enrolling in that course, including	65127
deadlines for enrollment.	65128

(E) Any expenses related to the installation of a course into	65129
the common statewide platform shall be borne by the course	65130
provider.	65131

(F) ~~The eTech Ohio commission, in consultation with the~~	65132
~~chancellor and the state board~~, shall distribute information to	65133
students and parents describing the clearinghouse. The information	65134
shall be provided in an easily understandable formatThe	65135
chancellor may contract with an entity to perform any or all of	65136
the chancellor's duties under sections 3333.81 to 3333.88 of the	65137
Revised Code.	65138

Sec. 3334.08. (A) Subject to division (B) of this section,	65139
in addition to any other powers conferred by this chapter, the	65140
Ohio tuition trust authority may do any of the following:	65141

(1) Impose reasonable residency requirements for	65142
beneficiaries of tuition units;	65143

(2) Impose reasonable limits on the number of tuition unit	65144
participants;	65145

(3) Impose and collect administrative fees and charges in	65146
connection with any transaction under this chapter;	65147

(4) Purchase insurance from insurers licensed to do business	65148
in this state providing for coverage against any loss in	65149
connection with the authority's property, assets, or activities or	65150
to further ensure the value of tuition units;	65151

(5) Indemnify or purchase policies of insurance on behalf of	65152
members, officers, and employees of the authority from insurers	65153
licensed to do business in this state providing for coverage for	65154
any liability incurred in connection with any civil action,	65155
demand, or claim against a director, officer, or employee by	65156
reason of an act or omission by the director, officer, or employee	65157
that was not manifestly outside the scope of the employment or	65158
official duties of the director, officer, or employee or with	65159
malicious purpose, in bad faith, or in a wanton or reckless	65160
manner;	65161

(6) Make, execute, and deliver contracts, conveyances, and	65162
other instruments necessary to the exercise and discharge of the	65163
powers and duties of the authority;	65164

(7) Promote, advertise, and publicize the Ohio college	65165
savings program and the variable college savings program;	65166

(8) Adopt rules under section 111.15 of the Revised Code for	65167
the implementation of the Ohio college savings program;	65168

(9) Contract, for the provision of all or part of the	65169
services necessary for the management and operation of the Ohio	65170
college savings program and the variable college savings program,	65171
with a bank, trust company, savings and loan association,	65172
insurance company, or licensed dealer in securities if the bank,	65173
company, association, or dealer is authorized to do business in	65174
this state and ~~information about~~ the contract is ~~filed with~~	65175
approved by the controlling board ~~pursuant to division (D)(6) of~~	65176
~~section 127.16 of the Revised Code~~; provided, however, that ~~any~~	65177
funds of the Ohio college savings program and the variable college	65178
savings program ~~that are not needed for immediate use~~ shall be	65179
deposited by the treasurer of state in the same manner provided	65180
under Chapter 135. of the Revised Code for public moneys of the	65181
state. All interest earned on those deposits shall be credited to	65182
the Ohio college savings program or the variable college savings	65183
program, as applicable.	65184

(10) Contract for other services, or for goods, needed by the	65185
authority in the conduct of its business, including but not	65186
limited to credit card services;	65187

(11) Employ an executive director and other personnel as	65188
necessary to carry out its responsibilities under this chapter,	65189
and fix the compensation of these persons. All employees of the	65190
authority shall be in the unclassified civil service and shall be	65191
eligible for membership in the public employees retirement system.	65192
In the hiring of the executive director, the Ohio tuition trust	65193
authority shall obtain the advice and consent of the Ohio tuition	65194
trust board created in section 3334.03 of the Revised Code,	65195
provided that the executive director shall not be hired unless a	65196
majority of the board votes in favor of the hiring. In addition,	65197
the board may remove the executive director at any time subject to	65198
the advice and consent of the chancellor of the Ohio board of	65199
regents.	65200

(12) Contract with financial consultants, actuaries,	65201
auditors, and other consultants as necessary to carry out its	65202
responsibilities under this chapter;	65203

(13) Enter into agreements with any agency of the state or	65204
its political subdivisions or with private employers under which	65205
an employee may agree to have a designated amount deducted in each	65206
payroll period from the wages or salary due the employee for the	65207
purpose of purchasing tuition units pursuant to a tuition payment	65208
contract or making contributions pursuant to a variable college	65209
savings program contract;	65210

(14) Enter into an agreement with the treasurer of state	65211
under which the treasurer of state will receive, and credit to the	65212
Ohio tuition trust fund or variable college savings program fund,	65213
from any bank or savings and loan association authorized to do	65214
business in this state, amounts that a depositor of the bank or	65215
association authorizes the bank or association to withdraw	65216
periodically from the depositor's account for the purpose of	65217
purchasing tuition units pursuant to a tuition payment contract or	65218
making contributions pursuant to a variable college savings	65219
program contract;	65220

(15) Solicit and accept gifts, grants, and loans from any	65221
person or governmental agency and participate in any governmental	65222
program;	65223

(16) Impose limits on the number of units which may be	65224
purchased on behalf of or assigned or awarded to any beneficiary	65225
and on the total amount of contributions that may be made on	65226
behalf of a beneficiary;	65227

(17) Impose restrictions on the substitution of another	65228
individual for the original beneficiary under the Ohio college	65229
savings program;	65230

(18) Impose a limit on the age of a beneficiary, above which	65231
tuition units may not be purchased on behalf of that beneficiary;	65232

(19) Enter into a cooperative agreement with the treasurer of	65233
state to provide for the direct disbursement of payments under	65234
tuition payment or variable college savings program contracts;	65235

(20) Determine the other higher education expenses for which	65236
tuition units or contributions may be used;	65237

(21) Terminate any tuition payment or variable college	65238
savings program contract if no purchases or contributions are made	65239
for a period of three years or more and there are fewer than a	65240
total of five tuition units or less than a dollar amount set by	65241
rule on account, provided that notice of a possible termination	65242
shall be provided in advance, explaining any options to prevent	65243
termination, and a reasonable amount of time shall be provided	65244
within which to act to prevent a termination;	65245

(22) Maintain a separate account for each tuition payment or	65246
variable college savings program contract;	65247

(23) Perform all acts necessary and proper to carry out the	65248
duties and responsibilities of the authority pursuant to this	65249
chapter.	65250

(B) The authority shall adopt rules under section 111.15 of	65251
the Revised Code for the implementation and administration of the	65252
variable college savings program. The rules shall provide	65253
taxpayers with the maximum tax advantages and flexibility	65254
consistent with section 529 of the Internal Revenue Code and	65255
regulations adopted thereunder with regard to disposition of	65256
contributions and earnings, designation of beneficiaries, and	65257
rollover of account assets to other programs.	65258

(C) Except as otherwise specified in this chapter, the	65259
provisions of Chapters 123., 125., and 4117. of the Revised Code	65260
shall not apply to the authority. The department of administrative	65261
services shall, upon the request of the authority, act as the	65262
authority's agent for the purchase of equipment, supplies,	65263
insurance, or services, or the performance of administrative	65264
services pursuant to Chapter 125. of the Revised Code.	65265

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	65266
OSU extension ~~service~~ fund," which shall be under the custody and	65267
control of the board of trustees of the Ohio state university and	65268
shall consist of all moneys appropriated, given, granted, or	65269
bequeathed to the university for the use of ~~the Ohio cooperative~~	65270
OSU extension ~~service~~ by the United States, this state, any	65271
political subdivision of this state, or any person. The board	65272
shall have responsibility for expenditure of all moneys in the	65273
fund in accordance with state and federal law and memoranda of	65274
agreement between the university and the United States department	65275
of agriculture.	65276

Sec. 3335.36. The board of trustees of the Ohio state	65277
university may employ such employees as it considers appropriate	65278
for the conduct of educational programs of ~~the Ohio cooperative~~	65279
OSU extension ~~service~~ and may provide for the payment from the	65280
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	65281
3335.35 of the Revised Code of reasonable compensation to such	65282
employees and of reasonable expenses incurred by them in the	65283
discharge of their duties, including expenses of travel and of	65284
maintaining, equipping, and supplying their offices.	65285

The employees shall cooperate with the department of	65286
agriculture, the Ohio agricultural research and development	65287
center, the department of education, and the United States	65288
department of agriculture, for the purpose of making available the	65289
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	65290
employees shall represent the university and shall conduct	65291
educational activities related to agriculture, natural resources,	65292
~~home economics~~community development, family ~~living~~and consumer	65293
sciences, and 4-H programs for the citizens of this state through	65294
personal instruction, bulletins, practical demonstrations, mass	65295
media, and otherwise, subject to such rules as may be prescribed	65296
by the board of trustees of the university. ~~Such~~The employees	65297
shall have offices provided by the county or other political	65298
subdivision in which they serve in which bulletins and other	65299
educational materials of value to the people may be consulted and	65300
through which the employees may be reached.	65301

The board of trustees of the Ohio state university may hire	65302
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	65303
carry out the functions and duties of a director of economic	65304
development under division (B) of section 307.07 of the Revised	65305
Code pursuant to any agreement with a county under division (A)(2)	65306
of section 307.07 of the Revised Code.	65307

Sec. 3335.37. The board of county commissioners of any	65308
county may levy a tax, within the limitations prescribed by law,	65309
and appropriate money from the proceeds thereof or from the	65310
general fund of the county to be paid to the Ohio state university	65311
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	65312
created by section 3335.35 of the Revised Code and expended for	65313
the purposes prescribed in section 3335.36 of the Revised Code for	65314
the benefit of the citizens of ~~such~~that county. Any money paid	65315
into the fund under this section that aggregates more than ten per	65316
cent of the county appropriation in the preceding year and that	65317
remains unexpended for two years from the time of ~~such~~the payment	65318
shall be returned to the county from which it came unless the	65319
board of county commissioners determines by resolution to	65320
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	65321
general purposes.	65322

Sec. 3335.38. The board of trustees of the Ohio state	65323
university shall establish a farm financial management institute	65324
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	65325
and qualified persons to assist farmers needing help with farm	65326
financial management problems.	65327

Participation shall be open to all interested persons, but	65328
the following persons shall be given priority as to enrollment:	65329
employees or representatives of banks and other farm credit	65330
agencies, agricultural teachers, and faculty and employees of the	65331
Ohio state university and ~~the Ohio cooperative~~OSU extension	65332
~~service~~ who agree to assist Ohio farmers in completing and	65333
understanding the coordinated financial statement and other	65334
subjects. A fee may be charged participants, as determined by ~~the~~	65335
OSU extension ~~service~~, but may be waived for those participants	65336
granted priority status at enrollment.	65337

~~Sec. 3304.23.~~ Sec. 3335.60. (A) There is hereby created in the	65338
~~rehabilitation services commission~~Ohio state university college	65339
of medicine a brain injury program consisting of a program	65340
director and at least one support staff person.	65341

(B) To the extent that funds are available, the brain injury	65342
program may do the following:	65343

(1) Identify existing services in this state to assist	65344
survivors and families of survivors of brain injury;	65345

(2) Promote the coordination of services for survivors and	65346
families of survivors of brain injury;	65347

(3) Explore options for delivery of services to survivors and	65348
families of survivors of brain injury;	65349

(4) Explore the establishment of a traumatic brain injury	65350
incidence reporting system to collect information on the incidence	65351
and character of traumatic brain injury in this state;	65352

(5) Promote practices that will reduce the incidence of brain	65353
injury;	65354

(6) Develop training programs on dealing with brain injury	65355
and the special needs of survivors of brain injury;	65356

(7) Identify sources of available funds for services for	65357
survivors and families of survivors of brain injury;	65358

(8) Explore options for the delivery of case management	65359
services to residents of this state who are survivors of brain	65360
injury;	65361

(9) Provide assistance to assure that services for survivors	65362
and families of survivors of brain injury are all of the	65363
following:	65364

(a) Designed to enhance the survivor's ability to lead an	65365
independent and productive life;	65366

(b) Available within close proximity of the survivor's home;

65367

65368

(d) Appropriate to the unique needs of the survivor.

65369

(C) The staff of the brain injury program shall prepare a	65370
biennial report on the incidence of brain injury in this state	65371
~~that~~. The report shall be ~~submitted to the administrator of the~~	65372
~~rehabilitation services commission on or before December 15, 1992,~~	65373
completed not later than two years after the effective date of	65374
this amendment and every two years thereafter~~. A copy of the~~	65375
~~report shall be~~and submitted to the brain injury advisory	65376
committee created under section ~~3304.231~~3335.61 of the Revised	65377
Code.	65378

~~Sec. 3304.231.~~ Sec. 3335.61. There is hereby created a brain	65379
injury advisory committee, which shall advise the ~~administrator of~~	65380
~~the rehabilitation services commission and the~~ brain injury	65381
program with regard to unmet needs of survivors of brain injury,	65382
development of programs for survivors and their families,	65383
establishment of training programs for health care professionals,	65384
and any other matter within the province of the brain injury	65385
program. The committee shall consist of not fewer than ~~twenty~~	65386
nineteen and not more than ~~twenty-two~~twenty-one members as	65387
follows:	65388

(A) Not fewer than ten and not more than twelve members	65389
appointed by the ~~administrator of the rehabilitation services~~	65390
~~commission~~dean of the college of medicine of the Ohio state	65391
university, including all of the following: a survivor of brain	65392
injury, a relative of a survivor of brain injury, a licensed	65393
physician recommended by the Ohio chapter of the American college	65394
of emergency physicians, a licensed physician recommended by the	65395
Ohio state medical association, one other health care	65396
professional, a rehabilitation professional, an individual who	65397
represents the brain injury association of Ohio, and not fewer	65398
than three nor more than five individuals who shall represent the	65399
public;	65400

(B) The directors of the departments of health, ~~alcohol and~~	65401
~~drug addiction services~~mental health and drug addiction services,	65402
developmental disabilities, ~~mental health, job and family~~	65403
~~services,~~ aging, and public safety; the medicaid director; the	65404
administrator of workers' compensation; the superintendent of	65405
public instruction; and the ~~administrator~~executive director of	65406
the ~~rehabilitation services commission~~opportunities for Ohioans	65407
with disabilities agency. Any of the officials specified in this	65408
division may designate an individual to serve in the official's	65409
place as a member of the committee.	65410

Terms of office of the appointed members shall be two years.	65411
Members may be reappointed. Vacancies shall be filled in the	65412
manner provided for original appointments. Any member appointed to	65413
fill a vacancy occurring prior to the expiration date of the term	65414
for which the member's predecessor was appointed shall hold office	65415
as a member for the remainder of that term.	65416

Members of the committee shall serve without compensation,	65417
but shall be reimbursed for actual and necessary expenses incurred	65418
in the performance of their duties.	65419

Sec. 3337.16. (A) The president of Ohio university may	65420
create an advisory committee to do both of the following:	65421

(1) Review the comprehensive land use plans and any updates	65422
of those land use plans prepared by Ohio university for the	65423
property conveyed to the university in Sub. H.B. 576 of the 117th	65424
general assembly;	65425

(2) Comment on and periodically review the progress on the	65426
implementation of the comprehensive land use plans described in	65427
division (A)(1) of this section.	65428

(B) The advisory committee created under division (A) of this	65429
section shall consist of the following members:	65430

(1) The president of Ohio university or the president's	65431
designee, who shall serve as chairperson of the advisory	65432
committee;	65433

(2) The mayor of the city of Athens or the mayor's designee;

65434

(3) The following members appointed by the president of Ohio	65435
university:	65436

(a) One Athens county commissioner;

65437

(b) One to three individuals who reside in Athens county and	65438
have special knowledge and experience in land use planning,	65439
preservation, or economic development.	65440

Vacancies on the committee shall be filled in the same manner	65441
as the original appointments.	65442

Sec. 3345.05. (A) All registration fees, nonresident tuition	65443
fees, academic fees for the support of off-campus instruction,	65444
laboratory and course fees when so assessed and collected, student	65445
health fees for the support of a student health service, all other	65446
fees, deposits, charges, receipts, and income from all or part of	65447
the students, all subsidy or other payments from state	65448
appropriations, and all other fees, deposits, charges, receipts,	65449
income, and revenue received by each state institution of higher	65450
education, the Ohio state university hospitals and their ancillary	65451
facilities, the Ohio agricultural research and development center,	65452
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	65453
shall be held and administered by the respective boards of	65454
trustees of the state institution of higher education; provided,	65455
that such fees, deposits, charges, receipts, income and revenue,	65456
to the extent required by resolutions, trust agreements,	65457
indentures, leases, and agreements adopted, made, or entered into	65458
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	65459
Revised Code, shall be held, administered, transferred, and	65460
applied in accordance therewith.	65461

(B) The Ohio board of regents shall require annual reporting	65462
by the Ohio agricultural research and development center and by	65463
each university and college receiving state aid in such form and	65464
detail as determined by the board in consultation with such	65465
center, universities and colleges, and the director of budget and	65466
management.	65467

(C) Notwithstanding any provision of the Revised Code to the	65468
contrary, the title to investments made by the board of trustees	65469
of a state institution of higher education with funds derived from	65470
any of the sources described in division (A) of this section shall	65471
not be vested in the state or the political subdivision but shall	65472
be held in trust by the board. Such investments shall be made	65473
pursuant to an investment policy adopted by the board in public	65474
session that requires all fiduciaries to discharge their duties	65475
with the care, skill, prudence, and diligence under the	65476
circumstances then prevailing that a prudent person acting in like	65477
capacity and familiar with such matters would use in the conduct	65478
of an enterprise of a like character and with like aims. The	65479
policy also shall require at least the following:	65480

(1) A stipulation that investment of at least twenty-five per	65481
cent of the average amount of the investment portfolio over the	65482
course of the previous fiscal year be invested in securities of	65483
the United States government or of its agencies or	65484
instrumentalities, the treasurer of state's pooled investment	65485
program, obligations of this state or any political subdivision of	65486
this state, certificates of deposit of any national bank located	65487
in this state, written repurchase agreements with any eligible	65488
Ohio financial institution that is a member of the federal reserve	65489
system or federal home loan bank, money market funds, or bankers	65490
acceptances maturing in two hundred seventy days or less which are	65491
eligible for purchase by the federal reserve system, as a reserve;	65492

(2) Eligible funds above those that meet the conditions of	65493
division (C)(1) of this section may be pooled with other	65494
institutional funds and invested in accordance with section	65495
1715.52 of the Revised Code.	65496

(3) The establishment of an investment committee.

65497

(D) The investment committee established under division	65498
(C)(3) of this section shall meet at least quarterly. The	65499
committee shall review and recommend revisions to the board's	65500
investment policy and shall advise the board on its investments	65501
made under division (C) of this section in an effort to assist it	65502
in meeting its obligations as a fiduciary as described in division	65503
(C) of this section. The committee shall be authorized to retain	65504
the services of an investment advisor who meets both of the	65505
following qualifications:	65506

(1) The advisor is either:

65507

(a) Licensed by the division of securities under section	65508
1707.141 of the Revised Code;	65509

(b) Registered with the securities and exchange commission.

65510

(2) The advisor either:

65511

(a) Has experience in the management of investments of public	65512
funds, especially in the investment of state-government investment	65513
portfolios;	65514

(b) Is an eligible institution referenced in section 135.03	65515
of the Revised Code.	65516

(E) As used in this section, "state institution of higher	65517
education" means a state institution of higher education as	65518
defined in section 3345.011 of the Revised Code.	65519

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	65520
section, a graduate of the twelfth grade shall be entitled to	65521
admission without examination to any college or university which	65522
is supported wholly or in part by the state, but for unconditional	65523
admission may be required to complete such units not included in	65524
the graduate's high school course as may be prescribed, not less	65525
than two years prior to the graduate's entrance, by the faculty of	65526
the institution.	65527

(B) Beginning with the 2014-2015 academic year, each state	65528
university listed in section 3345.011 of the Revised Code, except	65529
for Central state university, Shawnee state university, and	65530
Youngstown state university, shall permit a resident of this state	65531
who entered ninth grade for the first time on or after July 1,	65532
2010, to begin undergraduate coursework at the university only if	65533
the person has successfully completed the Ohio core curriculum for	65534
high school graduation prescribed in division (C) of section	65535
3313.603 of the Revised Code, unless one of the following applies:	65536

(1) The person has earned at least ten semester hours, or the	65537
equivalent, at a community college, state community college,	65538
university branch, technical college, or another post-secondary	65539
institution except a state university to which division (B) of	65540
this section applies, in courses that are college-credit-bearing	65541
and may be applied toward the requirements for a degree. The	65542
university shall grant credit for successful completion of those	65543
courses pursuant to any applicable articulation and transfer	65544
policy of the Ohio board of regents or any agreements the	65545
university has entered into in accordance with policies and	65546
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	65547
the Revised Code. The university may count college credit that the	65548
student earned while in high school through the post-secondary	65549
enrollment options program under Chapter 3365. of the Revised	65550
Code, or through other dual enrollment programs, toward the	65551
requirements of division (B)(1) of this section if the credit may	65552
be applied toward a degree.	65553

(2) The person qualified to graduate from high school under	65554
division (D) or (F) of section 3313.603 of the Revised Code and	65555
has successfully completed the topics or courses that the person	65556
lacked to graduate under division (C) of that section at any	65557
post-secondary institution or at a summer program at the state	65558
university. A state university may admit a person for enrollment	65559
contingent upon completion of such topics or courses or summer	65560
program.	65561

(3) The person met the high school graduation requirements by	65562
successfully completing the person's individualized education	65563
program developed under section 3323.08 of the Revised Code.	65564

~~(3)~~(4) The person is receiving or has completed the final	65565
year of instruction at home as authorized under section 3321.04 of	65566
the Revised Code, or has graduated from a nonchartered, nonpublic	65567
school in Ohio, and demonstrates mastery of the academic content	65568
and skills in reading, writing, and mathematics needed to	65569
successfully complete introductory level coursework at an	65570
institution of higher education and to avoid remedial coursework.	65571

~~(4)~~(5) The person is a high school student participating in	65572
the post-secondary enrollment options program under Chapter 3365.	65573
of the Revised Code or another dual enrollment program.	65574

(C) A state university subject to division (B) of this	65575
section may delay admission for or admit conditionally an	65576
undergraduate student who has successfully completed the Ohio core	65577
curriculum if the university determines the student requires	65578
academic remedial or developmental coursework. The university may	65579
delay admission pending, or make admission conditional upon, the	65580
student's successful completion of the academic remedial or	65581
developmental coursework at a university branch, community	65582
college, state community college, or technical college.	65583

(D) This section does not deny the right of a college of law,	65584
medicine, or other specialized education to require college	65585
training for admission, or the right of a department of music or	65586
other art to require particular preliminary training or talent.	65587

Sec. 3345.12. (A) As used in this section and sections	65588
3345.07 and 3345.11 of the Revised Code, in other sections of the	65589
Revised Code that make reference to this section unless the	65590
context does not permit, and in related bond proceedings unless	65591
otherwise expressly provided:	65592

(1) "State university or college" means each of the state	65593
universities identified in section 3345.011 of the Revised Code	65594
and the northeast Ohio medical university, and includes its board	65595
of trustees.	65596

(2) "Institution of higher education" or "institution" means	65597
a state university or college, or a community college district,	65598
technical college district, university branch district, or state	65599
community college, and includes the applicable board of trustees	65600
or, in the case of a university branch district, any other	65601
managing authority.	65602

(3) "Housing and dining facilities" means buildings,	65603
structures, and other improvements, and equipment, real estate,	65604
and interests in real estate therefor, to be used for or in	65605
connection with dormitories or other living quarters and	65606
accommodations, or related dining halls or other food service and	65607
preparation facilities, for students, members of the faculty,	65608
officers, or employees of the institution of higher education, and	65609
their spouses and families.	65610

(4) "Auxiliary facilities" means buildings, structures, and	65611
other improvements, and equipment, real estate, and interests in	65612
real estate therefor, to be used for or in connection with student	65613
activity or student service facilities, housing and dining	65614
facilities, dining halls, and other food service and preparation	65615
facilities, vehicular parking facilities, bookstores, athletic and	65616
recreational facilities, faculty centers, auditoriums, assembly	65617
and exhibition halls, hospitals, infirmaries and other medical and	65618
health facilities, research, and continuing education facilities.	65619

(5) "Education facilities" means buildings, structures, and	65620
other improvements, and equipment, real estate, and interests in	65621
real estate therefor, to be used for or in connection with,	65622
classrooms or other instructional facilities, libraries,	65623
administrative and office facilities, and other facilities, other	65624
than auxiliary facilities, to be used directly or indirectly for	65625
or in connection with the conduct of the institution of higher	65626
education.	65627

(6) "Facilities" means housing and dining facilities,	65628
auxiliary facilities, or education facilities, and includes any	65629
one, part of, or any combination of such facilities, and further	65630
includes site improvements, utilities, machinery, furnishings, and	65631
any separate or connected buildings, structures, improvements,	65632
sites, open space and green space areas, utilities or equipment to	65633
be used in, or in connection with the operation or maintenance of,	65634
or supplementing or otherwise related to the services or	65635
facilities to be provided by, such facilities.	65636

(7) "Obligations" means bonds or notes or other evidences of	65637
obligation, including interest coupons pertaining thereto,	65638
authorized to be issued under this section or section 3345.07,	65639
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65640
Code.	65641

(8) "Bond service charges" means principal, including any	65642
mandatory sinking fund or redemption requirements for the	65643
retirement of obligations or assurances, interest, or interest	65644
equivalent and other accreted amounts, and any call premium	65645
required to be paid on obligations or assurances.	65646

(9) "Bond proceedings" means the resolutions, trust	65647
agreement, indenture, and other agreements and credit enhancement	65648
facilities, and amendments and supplements to the foregoing, or	65649
any one or more or combination thereof, authorizing, awarding, or	65650
providing for the terms and conditions applicable to, or providing	65651
for the security or liquidity of, obligations or assurances, and	65652
the provisions contained in those obligations or assurances.	65653

(10) "Costs of facilities" means the costs of acquiring,	65654
constructing, reconstructing, rehabilitating, remodeling,	65655
renovating, enlarging, improving, equipping, or furnishing	65656
facilities, and the financing thereof, including the cost of	65657
clearance and preparation of the site and of any land to be used	65658
in connection with facilities, the cost of any indemnity and	65659
surety bonds and premiums on insurance, all related direct	65660
administrative expenses and allocable portions of direct costs of	65661
the institution of higher education or state agency, cost of	65662
engineering, architectural services, design, plans, specifications	65663
and surveys, estimates of cost, legal fees, fees and expenses of	65664
trustees, depositories, bond registrars, and paying agents for the	65665
obligations, cost of issuance of the obligations and financing	65666
costs and fees and expenses of financial advisers and consultants	65667
in connection therewith, interest on the obligations from the date	65668
thereof to the time when interest is to be covered by available	65669
receipts or other sources other than proceeds of the obligations,	65670
amounts necessary to establish reserves as required by the bond	65671
proceedings, costs of audits, the reimbursements of all moneys	65672
advanced or applied by or borrowed from the institution or others,	65673
from whatever source provided, including any temporary advances	65674
from state appropriations, for the payment of any item or items of	65675
cost of facilities, and all other expenses necessary or incident	65676
to planning or determining feasibility or practicability with	65677
respect to facilities, and such other expenses as may be necessary	65678
or incident to the acquisition, construction, reconstruction,	65679
rehabilitation, remodeling, renovation, enlargement, improvement,	65680
equipment, and furnishing of facilities, the financing thereof and	65681
the placing of them in use and operation, including any one, part	65682
of, or combination of such classes of costs and expenses.	65683

(11) "Available receipts" means all moneys received by the	65684
institution of higher education, including income, revenues, and	65685
receipts from the operation, ownership, or control of facilities	65686
or entrepreneurial projects, grants, gifts, donations, and pledges	65687
and receipts therefrom, receipts from fees and charges, and the	65688
proceeds of the sale of obligations or assurances, including	65689
proceeds of obligations or assurances issued to refund obligations	65690
or assurances previously issued, but excluding any special fee,	65691
and receipts therefrom, charged pursuant to division (D) of	65692
section 154.21 of the Revised Code.	65693

(12) "Credit enhancement facilities" has the meaning given in	65694
division (H) of section 133.01 of the Revised Code.	65695

(13) "Financing costs" has the meaning given in division (K)	65696
of section 133.01 of the Revised Code.	65697

(14) "Interest" or "interest equivalent" has the meaning	65698
given in division (R) of section 133.01 of the Revised Code.	65699

(15) "Assurances" means bonds, notes, or other evidence of	65700
indebtedness, including interest coupons pertaining thereto,	65701
authorized to be issued under section 3345.36 of the Revised Code.	65702

(16) "Entrepreneurial project" has the same meaning as in	65703
section 3345.36 of the Revised Code.	65704

(17) "Costs of entrepreneurial projects" means any costs	65705
related to the establishment or development of entrepreneurial	65706
projects pursuant to a resolution adopted under section 3345.36 of	65707
the Revised Code.	65708

(B) Obligations issued under section 3345.07 or 3345.11 of	65709
the Revised Code by a state university or college shall be	65710
authorized by resolution of its board of trustees. Obligations	65711
issued by any other institution of higher education shall be	65712
authorized by resolution of its board of trustees, or managing	65713
directors in the case of certain university branch districts, as	65714
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	65715
apply to obligations and assurances. Obligations and assurances	65716
may be issued to pay costs of facilities or entrepreneurial	65717
projects even if the institution anticipates the possibility of a	65718
future state appropriation to pay all or a portion of such costs.	65719

(C) Obligations and assurances shall be secured by a pledge	65720
of and lien on all or such part of the available receipts of the	65721
institution of higher education as it provides for in the bond	65722
proceedings, excluding moneys raised by taxation and state	65723
appropriations except as permitted by section ~~3333.90~~3333.59 of	65724
the Revised Code. Such pledge and lien may be made prior to all	65725
other expenses, claims, or payments, excepting any pledge of such	65726
available receipts previously made to the contrary and except as	65727
provided by any existing restrictions on the use thereof, or such	65728
pledge and lien may be made subordinate to such other expenses,	65729
claims, or payments, as provided in the bond proceedings.	65730
Obligations or assurances may be additionally secured by covenants	65731
of the institution to make, fix, adjust, collect, and apply such	65732
charges, rates, fees, rentals, and other items of available	65733
receipts as will produce pledged available receipts sufficient to	65734
meet bond service charges, reserve, and other requirements	65735
provided for in the bond proceedings. Notwithstanding this and any	65736
other sections of the Revised Code, the holders or owners of the	65737
obligations or assurances shall not be given the right and shall	65738
have no right to have excises or taxes levied by the general	65739
assembly for the payment of bond service charges thereon, and each	65740
such obligation or assurance shall bear on its face a statement to	65741
that effect and to the effect that the right to such payment is	65742
limited to the available receipts and special funds pledged to	65743
such purpose under the bond proceedings.	65744

All pledged available receipts and funds and the proceeds of	65745
obligations or assurances are trust funds and, subject to the	65746
provisions of this section and the applicable bond proceedings,	65747
shall be held, deposited, invested, reinvested, disbursed,	65748
applied, and used to such extent, in such manner, at such times,	65749
and for such purposes, as are provided in the bond proceedings.	65750

(D) The bond proceedings for obligations or assurances shall	65751
provide for the purpose thereof and the principal amount or	65752
maximum principal amount, and provide for or authorize the manner	65753
of determining the principal maturity or maturities, the sale	65754
price including any permitted discount, the interest rate or	65755
rates, which may be a variable rate or rates, or the maximum	65756
interest rate, the date of the obligations or assurances and the	65757
date or dates of payment of interest thereon, their denominations,	65758
the manner of sale thereof, and the establishment within or	65759
without the state of a place or places of payment of bond service	65760
charges. The bond proceedings also shall provide for a pledge of	65761
and lien on available receipts of the institution of higher	65762
education as provided in division (C) of this section, and a	65763
pledge of and lien on such fund or funds provided in the bond	65764
proceedings arising from available receipts, which pledges and	65765
liens may provide for parity with obligations or assurances	65766
theretofore or thereafter issued by the institution. The available	65767
receipts so pledged and thereafter received by the institution and	65768
the funds so pledged are immediately subject to the lien of such	65769
pledge without any physical delivery thereof or further act, and	65770
the lien of any such pledge is valid and binding against all	65771
parties having claims of any kind against the institution,	65772
irrespective of whether such parties have notice thereof, and	65773
shall create a perfected security interest for all purposes of	65774
Chapter 1309. of the Revised Code, without the necessity for	65775
separation or delivery of funds or for the filing or recording of	65776
the bond proceedings by which such pledge is created or any	65777
certificate, statement, or other document with respect thereto;	65778
and the pledge of such available receipts and funds shall be	65779
effective and the money therefrom and thereof may be applied to	65780
the purposes for which pledged without necessity for any act of	65781
appropriation.	65782

(E) The bond proceedings may contain additional provisions	65783
customary or appropriate to the financing or to the obligations or	65784
assurances or to particular obligations and assurances, including:	65785

(1) The acquisition, construction, reconstruction, equipment,	65786
furnishing, improvement, operation, alteration, enlargement,	65787
maintenance, insurance, and repair of facilities or	65788
entrepreneurial projects, and the duties of the institution of	65789
higher education with reference thereto;	65790

(2) The terms of the obligations or assurances, including	65791
provisions for their redemption prior to maturity at the option of	65792
the institution of higher education at such price or prices and	65793
under such terms and conditions as are provided in the bond	65794
proceedings;	65795

(3) Limitations on the purposes to which the proceeds of the	65796
obligations or assurances may be applied;	65797

(4) The rates or rentals or other charges for the use of or	65798
right to use the facilities or entrepreneurial projects financed	65799
by the obligations or assurances, or other properties the revenues	65800
or receipts from which are pledged to the obligations or	65801
assurances, and rules for assuring any applicable use and	65802
occupancy thereof, including limitations upon the right to modify	65803
such rates, rentals, other charges, or regulations;	65804

(5) The use and expenditure of the pledged available receipts	65805
in such manner and to such extent as shall be determined, which	65806
may include provision for the payment of the expenses of	65807
operation, maintenance, and repair of facilities or	65808
entrepreneurial projects so that such expenses, or part thereof,	65809
shall be paid or provided as a charge prior or subsequent to the	65810
payment of bond service charges and any other payments required to	65811
be made by the bond proceedings;	65812

(6) Limitations on the issuance of additional obligations or	65813
assurances;	65814

(7) The terms of any trust agreement or indenture securing	65815
the obligations or assurances or under which the same may be	65816
issued;	65817

(8) The deposit, investment, and application of funds, and	65818
the safeguarding of funds on hand or on deposit without regard to	65819
Chapter 131. or 135. of the Revised Code, and any bank or trust	65820
company or other financial institution that acts as depository of	65821
any moneys under the bond proceedings shall furnish such	65822
indemnifying bonds or pledge such securities as required by the	65823
bond proceedings or otherwise by the institution of higher	65824
education;	65825

(9) The binding effect of any or every provision of the bond	65826
proceedings upon such officer, board, commission, authority,	65827
agency, department, or other person or body as may from time to	65828
time have the authority under law to take such actions as may be	65829
necessary to perform all or any part of the duty required by such	65830
provision;	65831

(10) Any provision that may be made in a trust agreement or	65832
indenture;	65833

(11) Any other or additional agreements with respect to the	65834
facilities of the institution of higher education or its	65835
entrepreneurial projects, their operation, the available receipts	65836
and funds pledged, and insurance of facilities or entrepreneurial	65837
projects and of the institution, its officers and employees.	65838

(F) Such obligations or assurances may have the seal of the	65839
institution of higher education or a facsimile thereof affixed	65840
thereto or printed thereon and shall be executed by such officers	65841
as are designated in the bond proceedings, which execution may be	65842
by facsimile signatures. Any obligations or assurances may be	65843
executed by an officer who, on the date of execution, is the	65844
proper officer although on the date of such obligations or	65845
assurances such person was not the proper officer. In case any	65846
officer whose signature or a facsimile of whose signature appears	65847
on any such obligation or assurance ceases to be such officer	65848
before delivery thereof, such signature or facsimile is	65849
nevertheless valid and sufficient for all purposes as if the	65850
person had remained such officer until such delivery; and in case	65851
the seal of the institution has been changed after a facsimile of	65852
the seal has been imprinted on such obligations or assurances,	65853
such facsimile seal continues to be sufficient as to such	65854
obligations or assurances and obligations or assurances issued in	65855
substitution or exchange therefor.	65856

(G) All such obligations or assurances are negotiable	65857
instruments and securities under Chapter 1308. of the Revised	65858
Code, subject to the provisions of the bond proceedings as to	65859
registration. The obligations or assurances may be issued in	65860
coupon or in registered form, or both. Provision may be made for	65861
the registration of any obligations or assurances with coupons	65862
attached thereto as to principal alone or as to both principal and	65863
interest, their exchange for obligations or assurances so	65864
registered, and for the conversion or reconversion into	65865
obligations or assurances with coupons attached thereto of any	65866
obligations or assurances registered as to both principal and	65867
interest, and for reasonable charges for such registration,	65868
exchange, conversion, and reconversion.	65869

(H) Pending preparation of definitive obligations or	65870
assurances, the institution of higher education may issue interim	65871
receipts or certificates which shall be exchanged for such	65872
definitive obligations or assurances.	65873

(I) Such obligations or assurances may be secured	65874
additionally by a trust agreement or indenture between the	65875
institution of higher education and a corporate trustee, which may	65876
be any trust company or bank having the powers of a trust company	65877
within or without this state but authorized to exercise trust	65878
powers within this state. Any such agreement or indenture may	65879
contain the resolution authorizing the issuance of the obligations	65880
or assurances, any provisions that may be contained in the bond	65881
proceedings as authorized by this section, and other provisions	65882
which are customary or appropriate in an agreement or indenture of	65883
such type, including:	65884

(1) Maintenance of each pledge, trust agreement, and	65885
indenture, or other instrument comprising part of the bond	65886
proceedings until the institution of higher education has fully	65887
paid the bond service charges on the obligations or assurances	65888
secured thereby, or provision therefor has been made;	65889

(2) In the event of default in any payments required to be	65890
made by the bond proceedings, or any other agreement of the	65891
institution of higher education made as a part of the contract	65892
under which the obligations or assurances were issued, enforcement	65893
of such payments or agreement by mandamus, the appointment of a	65894
receiver, suit in equity, action at law, or any combination of the	65895
foregoing;	65896

(3) The rights and remedies of the holders of obligations or	65897
assurances and of the trustee, and provisions for protecting and	65898
enforcing them, including limitations on rights of individual	65899
holders of obligations or assurances;	65900

(4) The replacement of any obligations or assurances that	65901
become mutilated or are destroyed, lost, or stolen;	65902

(5) Such other provisions as the trustee and the institution	65903
of higher education agree upon, including limitations, conditions,	65904
or qualifications relating to any of the foregoing.	65905

(J) Each duty of the institution of higher education and its	65906
officers or employees, undertaken pursuant to the bond proceedings	65907
or any related agreement or lease made under authority of law, is	65908
hereby established as a duty of such institution, and of each such	65909
officer or employee having authority to perform such duty,	65910
specially enjoined by law resulting from an office, trust, or	65911
station within the meaning of section 2731.01 of the Revised Code.	65912
The persons who are at the time the members of the board of	65913
trustees or the managing directors of the institution or its	65914
officers or employees are not liable in their personal capacities	65915
on such obligations or assurances, or lease, or other agreement of	65916
the institution.	65917

(K) The authority to issue obligations or assurances includes	65918
authority to:	65919

(1) Issue obligations or assurances in the form of bond	65920
anticipation notes and to renew them from time to time by the	65921
issuance of new notes. Such notes are payable solely from the	65922
available receipts and funds that may be pledged to the payment of	65923
such bonds, or from the proceeds of such bonds or renewal notes,	65924
or both, as the institution of higher education provides in its	65925
resolution authorizing such notes. Such notes may be additionally	65926
secured by covenants of the institution to the effect that it will	65927
do such or all things necessary for the issuance of such bonds or	65928
renewal notes in appropriate amount, and either exchange such	65929
bonds or renewal notes therefor or apply the proceeds thereof to	65930
the extent necessary, to make full payment of the bond service	65931
charges on such notes at the time or times contemplated, as	65932
provided in such resolution. Subject to the provisions of this	65933
division, all references to obligations or assurances in this	65934
section apply to such anticipation notes.	65935

(2) Issue obligations or assurances to refund, including	65936
funding and retirement of, obligations or assurances previously	65937
issued to pay costs of facilities or entrepreneurial projects.	65938
Such obligations or assurances may be issued in amounts sufficient	65939
for payment of the principal amount of the obligations or	65940
assurances to be so refunded, any redemption premiums thereon,	65941
principal maturities of any obligations or assurances maturing	65942
prior to the redemption of any other obligations or assurances on	65943
a parity therewith to be so refunded, interest accrued or to	65944
accrue to the maturity date or dates of redemption of such	65945
obligations or assurances, and any expenses incurred or to be	65946
incurred in connection with such refunding or the issuance of the	65947
obligations or assurances.	65948

(L) Obligations and assurances are lawful investments for	65949
banks, societies for savings, savings and loan associations,	65950
deposit guarantee associations, trust companies, trustees,	65951
fiduciaries, insurance companies, including domestic for life and	65952
domestic not for life, trustees or other officers having charge of	65953
sinking and bond retirement or other special funds of political	65954
subdivisions and taxing districts of this state, the commissioners	65955
of the sinking fund, the administrator of workers' compensation in	65956
accordance with the investment policy approved by the bureau of	65957
workers' compensation board of directors pursuant to section	65958
4121.12 of the Revised Code, the state teachers retirement system,	65959
the public employees retirement system, the school employees	65960
retirement system, and the Ohio police and fire pension fund,	65961
notwithstanding any other provisions of the Revised Code or rules	65962
adopted pursuant thereto by any state agency with respect to	65963
investments by them, and are also acceptable as security for the	65964
deposit of public moneys.	65965

(M) All facilities or entrepreneurial projects purchased,	65966
acquired, constructed, or owned by an institution of higher	65967
education, or financed in whole or in part by obligations or	65968
assurances issued by an institution, and used for the purposes of	65969
the institution or other publicly owned and controlled college or	65970
university, is public property used exclusively for a public	65971
purpose, and such property and the income therefrom is exempt from	65972
all taxation and assessment within this state, including ad	65973
valorem and excise taxes. The obligations or assurances, the	65974
transfer thereof, and the income therefrom, including any profit	65975
made on the sale thereof, are at all times free from taxation	65976
within the state. The transfer of tangible personal property by	65977
lease under authority of this section or section 3345.07, 3345.11,	65978
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65979
Code is not a sale as used in Chapter 5739. of the Revised Code.	65980

(N) The authority granted by this section is cumulative with	65981
the authority granted to institutions of higher education under	65982
Chapter 154. of the Revised Code, and nothing in this section	65983
impairs or limits the authority granted by Chapter 154. of the	65984
Revised Code. In any lease, agreement, or commitment made by an	65985
institution of higher education under Chapter 154. of the Revised	65986
Code, it may agree to restrict or subordinate any pledge it may	65987
thereafter make under authority of this section.	65988

(O) Title to lands acquired under this section and sections	65989
3345.07 and 3345.11 of the Revised Code by a state university or	65990
college shall be taken in the name of the state.	65991

(P) Except where costs of facilities or entrepreneurial	65992
projects are to be paid in whole or in part from funds	65993
appropriated by the general assembly, section 125.81 of the	65994
Revised Code and the requirement for certification with respect	65995
thereto under section 153.04 of the Revised Code do not apply to	65996
such facilities or entrepreneurial projects.	65997

(Q) A state university or college may sell or lease lands or	65998
interests in land owned by it or by the state for its use, or	65999
facilities authorized to be acquired or constructed by it under	66000
section 3345.07 or 3345.11 of the Revised Code, to permit the	66001
purchasers or lessees thereof to acquire, construct, equip,	66002
furnish, reconstruct, alter, enlarge, remodel, renovate,	66003
rehabilitate, improve, maintain, repair, or maintain and operate	66004
thereon and to provide by lease or otherwise to such institution,	66005
facilities authorized in section 3345.07 or 3345.11 of the Revised	66006
Code or entrepreneurial projects authorized under section 3345.36	66007
of the Revised Code. Such land or interests therein shall be sold	66008
for such appraised value, or leased, and on such terms as the	66009
board of trustees determines. All deeds or other instruments	66010
relating to such sales or leases shall be executed by such officer	66011
of the state university or college as the board of trustees	66012
designates. The state university or college shall hold, invest, or	66013
use the proceeds of such sales or leases for the same purposes for	66014
which proceeds of borrowings may be used under sections 3345.07	66015
and 3345.11 of the Revised Code or, if the proceeds relate to the	66016
sale or lease of entrepreneurial projects, for purposes of section	66017
3345.36 of the Revised Code.	66018

(R) An institution of higher education may pledge available	66019
receipts, to the extent permitted by division (C) of this section	66020
with respect to obligations, to secure the payments to be made by	66021
it under any lease, lease with option to purchase, or	66022
lease-purchase agreement authorized under this section or section	66023
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	66024
3358.10 of the Revised Code.	66025

Sec. 3345.48. (A) As used in this section:

66026

(1) "Cohort" means a group of students who will complete	66027
their bachelor's degree requirements and graduate from a state	66028
university at the same time. A cohort may include transfer	66029
students and other selected undergraduate student academic	66030
programs as determined by the board of trustees of a state	66031
university.	66032

(2) "Eligible student" means an undergraduate student who:

66033

(a) Is enrolled full-time in a bachelor's degree program at a	66034
state university;	66035

(b) Is a resident of this state, as defined by the chancellor	66036
of the Ohio board of regents under section 3333.31 of the Revised	66037
Code.	66038

(3) "State university" has the same meaning as in section	66039
3345.011 of the Revised Code.	66040

(B) The board of trustees of a state university may establish	66041
an undergraduate tuition guarantee program that allows eligible	66042
students in the same cohort to pay a fixed rate for general and	66043
instructional fees for four years. A board of trustees may include	66044
room and board and any additional fees in the program.	66045

If the board of trustees chooses to establish such a program,	66046
the board shall adopt rules for the program that include, but are	66047
not limited to, all of the following:	66048

(1) The number of credit hours required to earn an	66049
undergraduate degree in each major;	66050

(2) A guarantee that the general and instructional fees for	66051
each student in the cohort shall remain constant for four years so	66052
long as the student complies with the requirements of the program,	66053
except that, notwithstanding any law to the contrary, the board	66054
may increase the guaranteed amount by up to six per cent above	66055
what has been charged in the previous academic year one time for	66056
the first cohort enrolled under the tuition guarantee program. If	66057
the board of trustees determines that economic conditions or other	66058
circumstances require an increase for the first cohort of above	66059
six per cent, the board shall submit a request to increase the	66060
amount by a specified percentage to the chancellor. The	66061
chancellor, based on information the chancellor requires from the	66062
board of trustees, shall approve or disapprove such a request.	66063
Thereafter, the board of trustees may increase the guaranteed	66064
amount by up to the sum of the following above what has been	66065
charged in the previous academic year one time per subsequent	66066
cohort:	66067

(a) The average rate of inflation, as measured by the	66068
consumer price index prepared by the bureau of labor statistics of	66069
the United States department of labor (all urban consumers, all	66070
items), for the previous sixty-month period; and	66071

(b) The percentage amount the general assembly restrains	66072
increases on in-state undergraduate instructional and general fees	66073
for the applicable fiscal year. If the general assembly does not	66074
enact a limit on the increase of in-state undergraduate	66075
instructional and general fees, then no limit shall apply under	66076
this division for the cohort that first enrolls in any academic	66077
year for which the general assembly does not prescribe a limit.	66078

If, beginning with the academic year that starts four years	66079
after the effective date of this section, the board of trustees	66080
determines that the general and instructional fees charged under	66081
the tuition guarantee have fallen significantly lower than those	66082
of other state universities, the board of trustees may submit a	66083
request to increase the amount charged to a cohort by a specified	66084
percentage to the chancellor, who shall approve or disapprove such	66085
a request.	66086

(3) A benchmark by which the board sets annual increases in	66087
general and instructional fees. This benchmark and any subsequent	66088
change to the benchmark shall be subject to approval of the	66089
chancellor.	66090

(4) Eligibility requirements for students to participate in	66091
the program;	66092

(5) Student rights and privileges under the program;

66093

(6) Consequences to the university for students unable to	66094
complete a degree program within four years, as follows:	66095

(a) For a student who could not complete the program in four	66096
years due to a lack of available classes or space in classes	66097
provided by the university, the university shall provide the	66098
necessary course or courses for completion to the student free of	66099
charge.	66100

(b) For a student who could not complete the program in four	66101
years due to military service or other circumstances beyond a	66102
student's control, as determined by the board of trustees, the	66103
university shall provide the necessary course or courses for	66104
completion to the student at the student's initial cohort rate.	66105

(c) For a student who did not complete the program in four	66106
years for any other reason, as determined by the board of	66107
trustees, the university shall provide the necessary course or	66108
courses for completion to the student at a rate determined through	66109
a method established by the board under division (B)(7) of this	66110
section.	66111

(7) Guidelines for adjusting a student's annual charges if	66112
the student, due to circumstances under the student's control, is	66113
unable to complete a degree program within four years;	66114

(8) A requirement that the rules adopted under division (B)	66115
of this section be published or posted in the university handbook,	66116
course catalog, and web site.	66117

(C) If a board of trustees implements a program under this	66118
section, the board shall submit the rules adopted under division	66119
(B) of this section to the chancellor for approval before	66120
beginning implementation of the program.	66121

The chancellor shall not unreasonably withhold approval of a	66122
program if the program conforms in principle with the parameters	66123
and guidelines of this section.	66124

(D) A board of trustees of a state university may establish	66125
an undergraduate tuition guarantee program for nonresident	66126
students.	66127

(E) Within five years after the effective date of this	66128
section, the chancellor shall publish on the board of regents web	66129
site a report that includes all of the following:	66130

(1) The state universities that have adopted an undergraduate	66131
tuition guarantee program under this section;	66132

(2) The details of each undergraduate tuition guarantee	66133
program established under this section;	66134

(3) Comparative data, including general and instructional	66135
fees, room and board, graduation rates, and retention rates, from	66136
all state universities.	66137

Sec. 3345.81. Not later than June 30, 2014, the board of	66138
trustees of each institution of higher education, as defined by	66139
section 3345.12 of the Revised Code, shall adopt an	66140
institution-specific strategic completion plan designed to	66141
increase the number of degrees and certificates awarded to	66142
students. The plan shall be consistent with the mission and	66143
strategic priorities of the institution, include measureable	66144
student completion goals, and align with the state's workforce	66145
development priorities. Upon adoption by the board of trustees,	66146
each institution of higher education shall provide a copy of its	66147
plan to the chancellor of the Ohio board of regents.	66148

The board of trustees of each institution of higher education	66149
shall update its plan at least once every two years and provide a	66150
copy of their updated plan to the chancellor upon adoption.	66151

Sec. 3350.15. The northeast Ohio medical university may enter	66152
into a partnership with Cleveland state university to establish	66153
the northeast Ohio medical university academic campus at Cleveland	66154
state university, to enable fifty per cent or more of the medical	66155
curriculum taught to students enrolled under this partnership to	66156
be based in Cleveland at Cleveland state university, local	66157
hospitals, and community- and neighborhood-based primary care	66158
clinics. Cleveland state university shall not receive state	66159
capital appropriations to pay for facilities for the academic	66160
campus.	66161

Sec. 3353.01. As used in this chapter:

66162

(A) "Educational television or radio" means television or	66163
radio programs which serve the educational needs of the community	66164
and which meet the requirements of the federal communications	66165
commission for noncommercial educational television or radio.	66166

(B) "Educational telecommunications network" means a system	66167
of connected educational television, radio, or radio reading	66168
service facilities and coordinated programs established and	66169
operated or controlled by the ~~eTech Ohio~~broadcast educational	66170
media commission, pursuant to this chapter.	66171

(C) "Transmission" means the sending out of television,	66172
radio, or radio reading service programs, either directly to the	66173
public, or to broadcasting stations or services for simultaneous	66174
broadcast or rebroadcast.	66175

(D) "Transmission facilities" means structures, equipment,	66176
material, and services used in the transmission of educational	66177
television, radio, or radio reading service programs.	66178

(E) "Interconnection facilities" means the equipment,	66179
material, and services used to link one location to another	66180
location or to several locations by means of telephone line,	66181
coaxial cable, microwave relays, or other available technologies.	66182

(F) "Broadcasting station" means a properly licensed	66183
noncommercial educational television or radio station,	66184
appropriately staffed and equipped to produce programs or lessons	66185
and to broadcast programs.	66186

(G) "Radio reading service" means a nonprofit organization	66187
that disseminates news and other information to blind and	66188
physically handicapped persons.	66189

(H) "Affiliate" means an educational telecommunication	66190
entity, including a television or radio broadcasting station or	66191
radio reading service.	66192

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	66193
broadcast educational media commission as an independent agency to	66194
advance education and accelerate the learning of the citizens of	66195
this state through ~~technology~~public educational broadcasting	66196
services. The commission shall provide leadership and support in	66197
extending the knowledge of the citizens of this state by promoting	66198
access to and use of ~~all forms of~~ educational ~~technology~~	66199
broadcasting services, including educational television and radio,	66200
and radio reading services~~, broadband networks, videotapes,~~	66201
~~compact discs, digital video on demand (DVD), and the internet~~.	66202
The commission also shall administer programs to provide financial	66203
and other assistance to ~~school districts and other educational~~	66204
~~institutions for the acquisition and utilization of~~ educational	66205
~~technology~~television and radio and radio reading services.	66206

The commission is a body corporate and politic, an agency of	66207
the state performing essential governmental functions of the	66208
state.	66209

(B) The commission shall consist of ~~thirteen~~fifteen members,	66210
~~nine~~eleven of whom shall be voting members. ~~Six~~Nine of the	66211
voting members shall be representatives of the public selected	66212
from among leading citizens in the state who have demonstrated	66213
interest in educational broadcast media through service on boards	66214
or advisory councils of educational television stations,	66215
educational radio stations, educational technology agencies, or	66216
radio reading services. Of the representatives of the public, ~~four~~	66217
three shall be appointed by the governor with the advice and	66218
consent of the senate, ~~one~~three shall be appointed by the speaker	66219
of the house of representatives, and ~~one~~three shall be appointed	66220
by the president of the senate. Not more than two members	66221
appointed by the speaker of the house of representatives and not	66222
more than two members appointed by the president of the senate	66223
shall be of the same political party. The superintendent of public	66224
instruction or a designee of the superintendent,and the	66225
chancellor of the Ohio board of regents or a designee of the	66226
chancellor~~, and the state chief information officer or a designee~~	66227
~~of the officer~~ shall be ex officio voting members. Of the	66228
nonvoting members, two shall be members of the house of	66229
representatives appointed by the speaker of the house of	66230
representatives and two shall be members of the senate appointed	66231
by the president of the senate. The members appointed from each	66232
chamber shall not be members of the same political party.	66233

(C) Initial terms of office for appointed voting members	66234
~~appointed by the governor~~ shall be ~~one year for~~as follows:	66235

(1) For one member~~, two years for one member, three years for~~	66236
~~one member, and four years for one member~~appointed by each of the	66237
governor, speaker of the house of representatives, and president	66238
of the senate, one year;	66239

(2) For one member appointed by each of the governor, speaker	66240
of the house of representatives, and president of the senate, two	66241
years;	66242

(3) For one member appointed by each of the governor, speaker	66243
of the house of representatives, and president of the senate,	66244
three years. At the first meeting of the commission, such members	66245
~~appointed by the governor~~ shall draw lots to determine the length	66246
of the term each member will serve. Thereafter, terms of office	66247
for such members ~~appointed by the governor~~ shall be for four	66248
years. ~~Terms of office for voting members appointed by the speaker~~	66249
~~of the house of representatives and the president of the senate~~	66250
~~shall be for four years.~~ Any member who is a representative of the	66251
public may be reappointed by the member's respective appointing	66252
authority, but no such member may serve more than two consecutive	66253
four-year terms. Such a member may be removed by the member's	66254
respective appointing authority for cause.	66255

Any legislative member appointed by the speaker of the house	66256
of representatives or the president of the senate who ceases to be	66257
a member of the legislative chamber from which the member was	66258
appointed shall cease to be a member of the commission. The	66259
speaker of the house of representatives and the president of the	66260
senate may remove their respective appointments to the commission	66261
at any time.	66262

(D) Vacancies among appointed members shall be filled in the	66263
manner provided for original appointments. Any member appointed to	66264
fill a vacancy occurring prior to the expiration of the term for	66265
which the member's predecessor was appointed shall hold office for	66266
the remainder of that term. Any appointed member shall continue in	66267
office subsequent to the expiration of that member's term until	66268
the member's successor takes office or until a period of sixty	66269
days has elapsed, whichever occurs first.	66270

(E) Members of the commission shall serve without	66271
compensation. The members who are representatives of the public	66272
shall be reimbursed, pursuant to office of budget and management	66273
guidelines, for actual and necessary expenses incurred in the	66274
performance of official duties.	66275

(F) The governor shall appoint the chairperson of the	66276
commission from among the commission's public voting members. The	66277
chairperson shall serve a term of two years and may be	66278
reappointed. The commission shall elect other officers as	66279
necessary from among its voting members and shall prescribe its	66280
rules of procedure.	66281

~~(G) The commission shall establish advisory groups as needed~~	66282
~~to address topics of interest and to provide guidance to the~~	66283
~~commission regarding educational technology issues and the~~	66284
~~technology~~ needs of educators, learners, and the public. Members	66285
of each advisory group shall be appointed by the commission and	66286
shall include representatives of individuals or organizations with	66287
an interest in the topic addressed by the advisory group.	66288

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	66289
commission shall appoint an executive director, who shall serve at	66290
the pleasure of the commission. The executive director shall have	66291
no authority other than that provided by law or delegated to the	66292
executive director by the commission. The executive director shall	66293
do all of the following:	66294

(1) Direct ~~commission employees in~~ the administration of all	66295
programs of the commission;	66296

(2) Provide leadership and support in extending the knowledge	66297
of the citizens of this state by promoting equal access to and use	66298
of ~~all forms of~~ educational ~~technology~~broadcast media, as	66299
directed by the commission;	66300

(3) Provide financial and other assistance to ~~school~~	66301
~~districts,~~ educational television and radio stations, radio	66302
reading services, ~~educational technology organizations, and other~~	66303
~~educational institutions for the acquisition and utilization of~~	66304
~~educational technology~~and related organizations and activities;	66305

(4) Implement policies and directives issued by the	66306
commission;	66307

(5) Perform other duties authorized by the commission.

66308

(B) The commission shall fix the compensation of the	66309
executive director. The executive director shall employ and fix	66310
the compensation for such employees as necessary to facilitate the	66311
activities and purposes of the commission. The employees shall	66312
serve at the pleasure of the executive director.	66313

(C) The employees of the commission shall be placed in the	66314
unclassified service.	66315

(D)(1) Except as provided in division (D)(2) of this section,	66316
the employees of the commission shall be exempt from Chapter 4117.	66317
of the Revised Code and shall not be public employees as defined	66318
in section 4117.01 of the Revised Code.	66319

(2) All employees of the commission who transferred to the	66320
commission from one of the commission's predecessor agencies upon	66321
the commission's creation and, when employed by the predecessor	66322
agency were included in a bargaining unit established under	66323
Chapter 4117. of the Revised Code, shall continue to be included	66324
in that bargaining unit, are public employees as defined in	66325
section 4117.01 of the Revised Code, and may collectively bargain	66326
with the commission in accordance with that chapter. Otherwise,	66327
any employee hired by the commission after July 1, 2005, either to	66328
fill vacancies or to fill new positions, shall be exempt from	66329
Chapter 4117. of the Revised Code and shall not be public	66330
employees as defined in section 4117.10 of the Revised Code.	66331

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	66332
commission may perform any act necessary to carry out the	66333
functions of this chapter, including any of the following:	66334

(1) ~~Make grants to institutions and other organizations as~~	66335
~~prescribed by the general assembly for the provision of technical~~	66336
~~assistance, professional development, and other support services~~	66337
~~to enable school districts, community schools established under~~	66338
~~Chapter 3314. of the Revised Code, other educational institutions,~~	66339
~~and affiliates to utilize educational technology;~~	66340

~~(2) Establish a reporting system for school districts,~~	66341
~~community schools, other educational institutions, affiliates, and~~	66342
~~educational technology organizations that receive financial~~	66343
~~assistance from the commission. The system may require the~~	66344
~~reporting of information regarding the manner in which the~~	66345
~~assistance was expended, the manner in which the equipment or~~	66346
~~services purchased with the assistance is being utilized, the~~	66347
~~results or outcome of the utilization, the manner in which the~~	66348
~~utilization is compatible with the statewide academic standards~~	66349
~~adopted by the state board of education pursuant to section~~	66350
~~3301.079 of the Revised Code, and any other information determined~~	66351
~~by the commission.~~	66352

~~(3) Ensure that, where appropriate, products produced by any~~	66353
~~entity to which the commission provides financial assistance for~~	66354
~~use in elementary and secondary education are aligned with the~~	66355
~~statewide academic standards adopted by the state board pursuant~~	66356
~~to section 3301.079 of the Revised Code;~~	66357

~~(4)~~ Promote accessibility tothrough broadcasting services of	66358
educational products aligned with the statewide academic	66359
standards, adopted by the state board pursuant to section 3301.079	66360
of the Revised Code, for school districts, community schools, and	66361
other entities serving grades kindergarten through twelve;	66362

~~(5)~~(2) Own or operate transmission facilities and	66363
interconnection facilities, or contract for transmission	66364
facilities and interconnection facilities, for an educational	66365
television, radio, or radio reading service network;	66366

~~(6)~~(3) Establish standards for interconnection facilities	66367
used by the commission in the transmission of educational	66368
television, radio, or radio reading service programming;	66369

~~(7)~~(4) Enter into agreements with noncommercial educational	66370
television or radio broadcasting stations or radio reading	66371
services for the operation of the interconnection;	66372

~~(8)~~(5) Enter into agreements with noncommercial educational	66373
television or radio broadcasting stations or radio reading	66374
services for the production and use of educational television,	66375
radio, or radio reading service programs to be transmitted by the	66376
educational telecommunications network;	66377

~~(9)~~(6) Execute contracts and other agreements necessary and	66378
desirable to carry out the purposes of this chapter and other	66379
duties prescribed to the commission by law or authorize the	66380
executive director of the commission to execute such contracts and	66381
agreements on the commission's behalf;	66382

~~(10)~~(7) Act as consultant with educational television and	66383
educational radio stations and radio reading services toward	66384
coordination within the state of the distribution of federal funds	66385
that may become available for equipment for educational	66386
broadcasting or radio reading services;	66387

~~(11)~~(8) Make payments to noncommercial Ohio educational	66388
television or radio broadcasting stations or radio reading	66389
services to sustain the operation of such stations or services;	66390

~~(12)~~(9) In consultation with participants in programs	66391
administered by the commission, establish guidelines governing	66392
purchasing and procurement that facilitate the timely and	66393
effective implementation of such programs;	66394

~~(13)~~(10) In consultation with participants in programs	66395
administered by the commission, consider the efficiency and cost	66396
savings of statewide procurement prior to allocating and releasing	66397
funds for such programs;	66398

~~(14)~~(11) In consultation with participants in programs	66399
administered by the commission, establish a systems support	66400
network to facilitate the timely implementation of the programs	66401
and other projects and activities for which the commission	66402
provides assistance.	66403

(B) Chapters 123., 124., 125., and 153. of the Revised Code	66404
and sections 9.331 to 9.335 of the Revised Code do not apply to	66405
contracts, programs, projects, or activities of the commission.	66406

Sec. 3353.06. (A) The affiliates services fund is hereby	66407
created in the state treasury. The ~~eTech Ohio~~broadcast	66408
educational media commission shall deposit any money it receives	66409
for services provided to affiliates to the credit of the fund,	66410
including:	66411

(1) Reimbursements for services provided to stations;

66412

(2) Charges levied for maintenance of telecommunications,	66413
broadcasting, or transmission equipment;	66414

(3) Contract or grant payments from affiliates.

66415

(B) The commission shall use money credited to the affiliates	66416
services fund for any commission operating purposes, including:	66417

(1) The purchase, repair, or maintenance of	66418
telecommunications, broadcasting, or transmission equipment;	66419

(2) The purchase or lease of educational programming;

66420

(3) The purchase of tape and digital media storage and	66421
maintenance of a media library;	66422

(4) ~~Professional development programs and services;~~

66423

~~(5)~~ Administrative expenses.

66424

Sec. 3353.07. (A) There is hereby created the Ohio	66425
government telecommunications service. The Ohio government	66426
telecommunications service shall provide the state government and	66427
affiliated organizations with multimedia support including audio,	66428
visual, and internet services, multimedia streaming, and hosting	66429
multimedia programs.	66430

Services relating to the official activities of the general	66431
assembly and the executive offices provided by the Ohio government	66432
telecommunications service shall be funded through grants to a	66433
~~public~~an educational television broadcasting station that will	66434
manage the staff and provide the services of the Ohio government	66435
telecommunications service. The Ohio educational television	66436
stations shall select a member station to manage the Ohio	66437
government telecommunications service. The Ohio government	66438
telecommunications service shall receive grants from, or contract	66439
with, any of the three branches of Ohio government, and their	66440
affiliates, to provide additional services. Services provided by	66441
the Ohio government telecommunications service shall not be used	66442
for political purposes included in campaign materials, or	66443
otherwise used to influence an election, legislation, issue,	66444
judicial decision, or other policy of state government.	66445

(B)(1) There is hereby created the legislative programming	66446
committee of the Ohio government telecommunications service that	66447
shall consist of the president of the senate, speaker of the house	66448
of representatives, minority leader of the senate, and minority	66449
leader of the house of representatives, or their designees, and	66450
the clerks of the senate and house of representatives as	66451
nonvoting, ex officio members. By a vote of a majority of its	66452
members, the program committee may add additional members to the	66453
committee.	66454

(2) The legislative programming committee shall adopt rules	66455
that govern the operation of the Ohio government	66456
telecommunications service relating to the general assembly and	66457
any affiliated organizations.	66458

Sec. 3365.01. As used in this chapter:

66459

(A) "College" means any state-assisted college or university	66460
described in section 3333.041 of the Revised Code, any nonprofit	66461
institution holding a certificate of authorization pursuant to	66462
Chapter 1713. of the Revised Code, any private institution exempt	66463
from regulation under Chapter 3332. of the Revised Code as	66464
prescribed in section 3333.046 of the Revised Code, and any	66465
institution holding a certificate of registration from the state	66466
board of career colleges and schools and program authorization for	66467
an associate or bachelor's degree program issued under section	66468
3332.05 of the Revised Code.	66469

(B) "School district," except as specified in division (G) of	66470
this section, means any school district to which a student is	66471
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	66472
the Revised Code and does not include a joint vocational or	66473
cooperative education school district.	66474

(C) "Parent" has the same meaning as in section 3313.64 of	66475
the Revised Code.	66476

(D) "Participant" means a student enrolled in a college under	66477
the post-secondary enrollment options program established by this	66478
chapter, including a student who has been excused from the	66479
compulsory attendance law for the purpose of home instruction	66480
under section 3321.04 of the Revised Code.	66481

(E) "Secondary grade" means the ninth through twelfth grades.

66482

(F) "School foundation payments" means the amount required to	66483
be paid to a school district for a fiscal year under Chapter 3317.	66484
of the Revised Code.	66485

(G) "Tuition base" means~~, with respect to a participant's~~	66486
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	66487
~~amount of the base funding supplements~~ specified in ~~divisions~~	66488
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	66489
the applicable fiscal year ~~2009~~.	66490

~~The participant's "school district" in the case of a~~	66491
~~participant enrolled in a community school shall be the school~~	66492
~~district in which the student is entitled to attend school under~~	66493
~~section 3313.64 or 3313.65 of the Revised Code.~~	66494

(H) "Educational program" means enrollment in one or more	66495
school districts, in a nonpublic school, or in a college under	66496
division (B) of section 3365.04 of the Revised Code.	66497

(I) "Nonpublic school" means a chartered or nonchartered	66498
school for which minimum standards are prescribed by the state	66499
board of education pursuant to division (D) of section 3301.07 of	66500
the Revised Code.	66501

(J) "School year" means the year beginning on the first day	66502
of July and ending on the thirtieth day of June.	66503

(K) "Community school" means any school established pursuant	66504
to Chapter 3314. of the Revised Code that includes secondary	66505
grades.	66506

(L) "STEM school" means a science, technology, engineering,	66507
and mathematics school established under Chapter 3326. of the	66508
Revised Code.	66509

Sec. 3365.02. There is hereby established the post-secondary	66510
enrollment options program under which a secondary grade student	66511
who is a resident of this state may enroll at a college, on a	66512
full- or part-time basis, and complete nonsectarian courses for	66513
high school and college credit.	66514

Secondary grade students in a nonpublic school may	66515
participate in the post-secondary enrollment options program if	66516
the chief administrator of such school notifies the department of	66517
education by the first day of April prior to the school year in	66518
which the school's students will participate.	66519

The state board of education, after consulting with the board	66520
of regents, shall adopt rules governing the program. The rules	66521
shall include:	66522

(A) Requirements for school districts, community schools, or	66523
participating nonpublic schools to provide information about the	66524
program prior to the first day of March of each year to all	66525
students enrolled in grades eight through eleven;	66526

(B) A requirement that a student or the student's parent	66527
inform the district board of education, the governing authority of	66528
a community school, the STEM school chief administrative officer,	66529
or the nonpublic school administrator by the thirtieth day of	66530
March of the student's intent to participate in the program during	66531
the following school year. The rule shall provide that any student	66532
who fails to provide the notification by the required date may not	66533
participate in the program during the following school year	66534
without the written consent of the district superintendent, the	66535
governing authority of a community school, the STEM school chief	66536
administrative officer, or the nonpublic school administrator.	66537

(C) Requirements that school districts, community schools,	66538
and STEM schools provide counseling services to students in grades	66539
eight through eleven and to their parents before the students	66540
participate in the program under this chapter to ensure that	66541
students and parents are fully aware of the possible risks and	66542
consequences of participation. Counseling information shall	66543
include without limitation:	66544

(1) Program eligibility;

66545

(2) The process for granting academic credits;

66546

(3) Financial arrangements for tuition, books, materials, and	66547
fees;	66548

(4) Criteria for any transportation aid;

66549

(5) Available support services;

66550

(6) Scheduling;

66551

(7) The consequences of failing or not completing a course in	66552
which the student enrolls and the effect of the grade attained in	66553
the course being included in the student's grade point average, if	66554
applicable;	66555

(8) The effect of program participation on the student's	66556
ability to complete the district's or school's graduation	66557
requirements;	66558

(9) The academic and social responsibilities of students and	66559
parents under the program;	66560

(10) Information about and encouragement to use the	66561
counseling services of the college in which the student intends to	66562
enroll.	66563

(11) A list of all institutions of higher education that	66564
currently participate in the program or in another dual enrollment	66565
program, as defined in section 3313.6013 of the Revised Code,	66566
compiled and distributed by the department of education pursuant	66567
to division (G) of this section.	66568

(D) A requirement that the student and the student's parent	66569
sign a form, provided by the school district or school, stating	66570
that they have received the counseling required by division (C) of	66571
this section and that they understand the responsibilities they	66572
must assume in the program;	66573

(E) The options required by section 3365.04 of the Revised	66574
Code;	66575

(F) ~~A requirement that a student may not enroll in any~~	66576
~~specific college course through the program if the student has~~	66577
~~taken high school courses in the same subject area as that college~~	66578
~~course and has failed to attain a cumulative grade point average~~	66579
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	66580
~~completed high school courses~~A requirement that student	66581
participation in the program be based solely on a participating	66582
college's established placement standards for college-level	66583
courses for which credit is awarded.	66584

(G) A requirement that the department of education annually	66585
compile a list of all institutions of higher education that	66586
currently participate in the program or in another dual enrollment	66587
program as defined in section 3313.6013 of the Revised Code and,	66588
not later than the thirty-first day of December of each school	66589
year, distribute this list to all school districts, community	66590
schools, STEM schools, and chartered nonpublic schools in the	66591
state.	66592

Sec. 3365.021. The chief administrator of any nonpublic	66593
school notifying the department of education that students of the	66594
school will participate in the post-secondary enrollment options	66595
program shall provide counseling to students in grades eight	66596
through eleven and to their parents before the students	66597
participate in the program to ensure that students and parents are	66598
fully aware of the possible risks and consequences of	66599
participation. Such counseling shall include explaining the fact	66600
that funding may be limited and that not all students who wish to	66601
participate may be able to do so.	66602

The chief administrator also shall provide students and	66603
parents with a list of all institutions of higher education that	66604
currently participate in the program or in another dual enrollment	66605
program as defined in section 3313.6013 of the Revised Code,	66606
compiled and distributed by the department of education pursuant	66607
to division (G) of section 3365.02 of the Revised Code.	66608

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	66609
been excused from the compulsory attendance law for the purpose of	66610
home instruction under section 3321.04 of the Revised Code, and is	66611
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	66612
participate in the post-secondary enrollment options program	66613
established under this chapter.	66614

(B)(1) If a student meets the criteria established in	66615
division (A) of this section and wishes to participate in the	66616
post-secondary enrollment options program, the parent or guardian	66617
of that student shall notify the department of education by the	66618
first day of April prior to the school year in which the student	66619
wishes to participate.	66620

(2) For the 2013-2014 school year, the department may accept	66621
applications at a later date if that student wishes to participate	66622
in the program during the 2013-2014 school year.	66623

(C) Pursuant to rules adopted by the state board of education	66624
under section 3365.02 of the Revised Code, payments to a	66625
participating college, in which home-instructed students enrolled	66626
pursuant to this section, shall be made in the same manner as	66627
payments made for participating students from nonpublic secondary	66628
schools, pursuant to section 3365.07 of the Revised Code.	66629

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	66630
the Revised Code shall specify a method for each of the following:	66631

(1) Determining, with respect to any participant, the	66632
percentage of a full-time educational program constituted by the	66633
participant's total educational program. That percentage shall be	66634
the participant's full-time equivalency percentage for purposes of	66635
the computation required by division (B)(1) of this section.	66636

(2) In the case of a participant who is not enrolled in a	66637
participating nonpublic school, determining the percentage of a	66638
participant's school day during which the participant is	66639
participating in each of the following:	66640

(a) Programs provided by the city, local, or exempted village	66641
school district, a community school, or a STEM school;	66642

(b) Programs provided by a joint vocational school district;

66643

(c) Programs provided by a college under division (B) of	66644
section 3365.04 of the Revised Code.	66645

The sum of divisions (A)(2)(a) to (c) of this section shall equal	66646
one hundred per cent.	66647

(3) In the case of a participant who is not enrolled in a	66648
participating nonpublic school, determining the percentage of a	66649
participant's enrollment that shall be deemed to be enrollment in	66650
a joint vocational school district and the percentage that shall	66651
be deemed to be enrollment in a city, local, or exempted village	66652
school district. The sum of such percentages shall equal one	66653
hundred per cent.	66654

(4) In the case of a participant who is enrolled in a	66655
participating nonpublic school, determining the percentage of a	66656
participant's school day during which the participant is	66657
participating in programs provided by a college under division (B)	66658
of section 3365.04 of the Revised Code.	66659

(B) Each July, unless provided otherwise in an alternative	66660
funding agreement entered into under rules adopted under section	66661
3365.12 of the Revised Code, the department of education shall pay	66662
each college for any participant enrolled in the college in the	66663
prior school year under division (B) of section 3365.04 of the	66664
Revised Code an amount computed as follows:	66665

(1) Multiply the tuition base by the participant's full-time	66666
equivalency percentage and multiply the resulting amount by a	66667
percentage equal to the percentage of the participant's school day	66668
apportioned to the college under division (A)(2)(c) or (4) of this	66669
section, as applicable.	66670

(2) Pay the college the lesser of:

66671

(a) The amount computed under division (B)(1) of this	66672
section;	66673

(b) The actual costs that would have been the responsibility	66674
of the participant had the participant elected to enroll under	66675
division (A) of section 3365.04 of the Revised Code, as verified	66676
by the department, of tuition, textbooks, materials, and fees	66677
directly related to any courses elected by the participant during	66678
the prior school year under division (B) of section 3365.04 of the	66679
Revised Code.	66680

(C) The department shall not reimburse ~~any~~a college for any	66681
of the following:	66682

(1) A college course taken by a participant under division	66683
(A) of section 3365.04 of the Revised Code;	66684

(2) A remedial college course taken by a participant.

66685

(D) If the participant was not enrolled in a participating	66686
nonpublic school, the amount paid under division (B) of this	66687
section for each participant shall be subtracted from the school	66688
foundation payments made to the participant's school district or,	66689
if the participant was enrolled in a community school or a STEM	66690
school, from the payments made to the participant's school under	66691
section 3314.08 or 3326.33 of the Revised Code. If the participant	66692
was enrolled in a joint vocational school district, a portion of	66693
the amount shall be subtracted from the payments to the joint	66694
vocational school district and a portion shall be subtracted from	66695
the payments to the participant's city, local, or exempted village	66696
school district. The amount of the payment subtracted from the	66697
city, local, or exempted village school district shall be computed	66698
as follows:	66699

(1) Add the following:

66700

(a) The percentage of the participant's enrollment in the	66701
school district, determined under division (A)(3) of this section;	66702
and	66703

(b) Twenty-five per cent times the percentage of the	66704
participant's enrollment in the joint vocational school district,	66705
determined under division (A)(3) of this section.	66706

(2) Multiply the sum obtained under division (D)(1) of this	66707
section by the amount computed under division (B)(2) of this	66708
section.	66709

The balance of the payment shall be subtracted from the joint	66710
vocational district's school foundation payments.	66711

(E) If the participant was enrolled in a participating	66712
nonpublic school, the amount paid under division (B) of this	66713
section shall be subtracted from moneys set aside by the general	66714
assembly for such purpose from funds appropriated for the purposes	66715
of section 3317.06 of the Revised Code.	66716

Sec. 3365.12. The superintendent of public instruction and	66717
the chancellor of the Ohio board of regents jointly may adopt	66718
rules in accordance with Chapter 119. of the Revised Code	66719
permitting a board of education of a school district or joint	66720
vocational school district, governing authority of a community	66721
school, governing body of a STEM school, or governing authority of	66722
a participating nonpublic school to enter into an agreement with a	66723
college or university to use an alternate funding formula to	66724
calculate, or an alternate method to transmit, the amount the	66725
college or university would be paid for a student participating in	66726
a program under this chapter, including the program known as	66727
seniors to sophomores.	66728

Rules adopted under this section may include, but need not be	66729
limited to, any of the following alternative funding options:	66730

(A) Direct payment of funds necessary to support students	66731
participating in a program under this chapter, including the	66732
seniors to sophomores program, by the school district, joint	66733
vocational school district, community school, STEM school, or any	66734
combination thereof, to the college or university in which the	66735
student enrolled;	66736

(B) Alternate funding formulas to calculate the amount of	66737
money to be paid to colleges for participants;	66738

(C) A negotiated amount to be paid, as agreed by the school	66739
district, joint vocational school district, community school, or	66740
STEM school and the college or university.	66741

Rules adopted under this section shall prohibit any	66742
alternative funding option to include charging a student	66743
participating in the program under this chapter any tuition or	66744
fees.	66745

Sec. 3501.01. As used in the sections of the Revised Code	66746
relating to elections and political communications:	66747

(A) "General election" means the election held on the first	66748
Tuesday after the first Monday in each November.	66749

(B) "Regular municipal election" means the election held on	66750
the first Tuesday after the first Monday in November in each	66751
odd-numbered year.	66752

(C) "Regular state election" means the election held on the	66753
first Tuesday after the first Monday in November in each	66754
even-numbered year.	66755

(D) "Special election" means any election other than those	66756
elections defined in other divisions of this section. A special	66757
election may be held only on the first Tuesday after the first	66758
Monday in February, May, August, or November, or on the day	66759
authorized by a particular municipal or county charter for the	66760
holding of a primary election, except that in any year in which a	66761
presidential primary election is held, no special election shall	66762
be held in February or May, except as authorized by a municipal or	66763
county charter, but may be held on the first Tuesday after the	66764
first Monday in March.	66765

(E)(1) "Primary" or "primary election" means an election held	66766
for the purpose of nominating persons as candidates of political	66767
parties for election to offices, and for the purpose of electing	66768
persons as members of the controlling committees of political	66769
parties and as delegates and alternates to the conventions of	66770
political parties. Primary elections shall be held on the first	66771
Tuesday after the first Monday in May of each year except in years	66772
in which a presidential primary election is held.	66773

(2) "Presidential primary election" means a primary election	66774
as defined by division (E)(1) of this section at which an election	66775
is held for the purpose of choosing delegates and alternates to	66776
the national conventions of the major political parties pursuant	66777
to section 3513.12 of the Revised Code. Unless otherwise	66778
specified, presidential primary elections are included in	66779
references to primary elections. In years in which a presidential	66780
primary election is held, all primary elections shall be held on	66781
the first Tuesday after the first Monday in March except as	66782
otherwise authorized by a municipal or county charter.	66783

(F) "Political party" means any group of voters meeting the	66784
requirements set forth in section 3517.01 of the Revised Code for	66785
the formation and existence of a political party.	66786

(1) "Major political party" means any political party	66787
organized under the laws of this state whose candidate for	66788
governor or nominees for presidential electors received no less	66789
than twenty per cent of the total vote cast for such office at the	66790
most recent regular state election.	66791

(2) "Intermediate political party" means any political party	66792
organized under the laws of this state whose candidate for	66793
governor or nominees for presidential electors received less than	66794
twenty per cent but not less than ten per cent of the total vote	66795
cast for such office at the most recent regular state election.	66796

(3) "Minor political party" means any political party	66797
organized under the laws of this state whose candidate for	66798
governor or nominees for presidential electors received less than	66799
ten per cent but not less than five per cent of the total vote	66800
cast for such office at the most recent regular state election or	66801
which has filed with the secretary of state, subsequent to any	66802
election in which it received less than five per cent of such	66803
vote, a petition signed by qualified electors equal in number to	66804
at least one per cent of the total vote cast for such office in	66805
the last preceding regular state election, except that a newly	66806
formed political party shall be known as a minor political party	66807
until the time of the first election for governor or president	66808
which occurs not less than twelve months subsequent to the	66809
formation of such party, after which election the status of such	66810
party shall be determined by the vote for the office of governor	66811
or president.	66812

(G) "Dominant party in a precinct" or "dominant political	66813
party in a precinct" means that political party whose candidate	66814
for election to the office of governor at the most recent regular	66815
state election at which a governor was elected received more votes	66816
than any other person received for election to that office in such	66817
precinct at such election.	66818

(H) "Candidate" means any qualified person certified in	66819
accordance with the provisions of the Revised Code for placement	66820
on the official ballot of a primary, general, or special election	66821
to be held in this state, or any qualified person who claims to be	66822
a write-in candidate, or who knowingly assents to being	66823
represented as a write-in candidate by another at either a	66824
primary, general, or special election to be held in this state.	66825

(I) "Independent candidate" means any candidate who claims	66826
not to be affiliated with a political party, and whose name has	66827
been certified on the office-type ballot at a general or special	66828
election through the filing of a statement of candidacy and	66829
nominating petition, as prescribed in section 3513.257 of the	66830
Revised Code.	66831

(J) "Nonpartisan candidate" means any candidate whose name is	66832
required, pursuant to section 3505.04 of the Revised Code, to be	66833
listed on the nonpartisan ballot, including all candidates for	66834
judicial office, for member of any board of education, for	66835
municipal or township offices in which primary elections are not	66836
held for nominating candidates by political parties, and for	66837
offices of municipal corporations having charters that provide for	66838
separate ballots for elections for these offices.	66839

(K) "Party candidate" means any candidate who claims to be a	66840
member of a political party, whose name has been certified on the	66841
office-type ballot at a general or special election through the	66842
filing of a declaration of candidacy and petition of candidate,	66843
and who has won the primary election of the candidate's party for	66844
the public office the candidate seeks or is selected by party	66845
committee in accordance with section 3513.31 of the Revised Code.	66846

(L) "Officer of a political party" includes, but is not	66847
limited to, any member, elected or appointed, of a controlling	66848
committee, whether representing the territory of the state, a	66849
district therein, a county, township, a city, a ward, a precinct,	66850
or other territory, of a major, intermediate, or minor political	66851
party.	66852

(M) "Question or issue" means any question or issue certified	66853
in accordance with the Revised Code for placement on an official	66854
ballot at a general or special election to be held in this state.	66855

(N) "Elector" or "qualified elector" means a person having	66856
the qualifications provided by law to be entitled to vote.	66857

(O) "Voter" means an elector who votes at an election.

66858

(P) "Voting residence" means that place of residence of an	66859
elector which shall determine the precinct in which the elector	66860
may vote.	66861

(Q) "Precinct" means a district within a county established	66862
by the board of elections of such county within which all	66863
qualified electors having a voting residence therein may vote at	66864
the same polling place.	66865

(R) "Polling place" means that place provided for each	66866
precinct at which the electors having a voting residence in such	66867
precinct may vote.	66868

(S) "Board" or "board of elections" means the board of	66869
elections appointed in a county pursuant to section 3501.06 of the	66870
Revised Code.	66871

(T) "Political subdivision" means a county, township, city,	66872
village, or school district.	66873

(U) "Election officer" or "election official" means any of	66874
the following:	66875

(1) Secretary of state;

66876

(2) Employees of the secretary of state serving the division	66877
of elections in the capacity of attorney, administrative officer,	66878
administrative assistant, elections administrator, office manager,	66879
or clerical supervisor;	66880

(3) Director of a board of elections;

66881

(4) Deputy director of a board of elections;

66882

(5) Member of a board of elections;

66883

(6) Employees of a board of elections;

66884

(7) Precinct polling place judges;

66885

(8) Employees appointed by the boards of elections on a	66886
temporary or part-time basis.	66887

(V) "Acknowledgment notice" means a notice sent by a board of	66888
elections, on a form prescribed by the secretary of state,	66889
informing a voter registration applicant or an applicant who	66890
wishes to change the applicant's residence or name of the status	66891
of the application; the information necessary to complete or	66892
update the application, if any; and if the application is	66893
complete, the precinct in which the applicant is to vote.	66894

(W) "Confirmation notice" means a notice sent by a board of	66895
elections, on a form prescribed by the secretary of state, to a	66896
registered elector to confirm the registered elector's current	66897
address.	66898

(X) "Designated agency" means an office or agency in the	66899
state that provides public assistance or that provides	66900
state-funded programs primarily engaged in providing services to	66901
persons with disabilities and that is required by the National	66902
Voter Registration Act of 1993 to implement a program designed and	66903
administered by the secretary of state for registering voters, or	66904
any other public or government office or agency that implements a	66905
program designed and administered by the secretary of state for	66906
registering voters, including the department of job and family	66907
services, the program administered under section 3701.132 of the	66908
Revised Code by the department of health, the department of ~~mental~~	66909
~~health~~mental health and addiction services, the department of	66910
developmental disabilities, the ~~rehabilitation services commission~~	66911
opportunities for Ohioans with disabilities agency, and any other	66912
agency the secretary of state designates. "Designated agency" does	66913
not include public high schools and vocational schools, public	66914
libraries, or the office of a county treasurer.	66915

(Y) "National Voter Registration Act of 1993" means the	66916
"National Voter Registration Act of 1993," 107 Stat. 77, 42	66917
U.S.C.A. 1973gg.	66918

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	66919
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	66920

(AA) "Photo identification" means a document that meets each	66921
of the following requirements:	66922

(1) It shows the name of the individual to whom it was	66923
issued, which shall conform to the name in the poll list or	66924
signature pollbook.	66925

(2) It shows the current address of the individual to whom it	66926
was issued, which shall conform to the address in the poll list or	66927
signature pollbook, except for a driver's license or a state	66928
identification card issued under section 4507.50 of the Revised	66929
Code, which may show either the current or former address of the	66930
individual to whom it was issued, regardless of whether that	66931
address conforms to the address in the poll list or signature	66932
pollbook.	66933

(3) It shows a photograph of the individual to whom it was	66934
issued.	66935

(4) It includes an expiration date that has not passed.

66936

(5) It was issued by the government of the United States or	66937
this state.	66938

Sec. 3517.01. (A)(1) A political party within the meaning of	66939
Title XXXV of the Revised Code is any group of voters that, at the	66940
most recent regular state election, polled for its candidate for	66941
governor in the state or nominees for presidential electors at	66942
least five per cent of the entire vote cast for that office or	66943
that filed with the secretary of state, subsequent to any election	66944
in which it received less than five per cent of that vote, a	66945
petition signed by qualified electors equal in number to at least	66946
one per cent of the total vote for governor or nominees for	66947
presidential electors at the most recent election, declaring their	66948
intention of organizing a political party, the name of which shall	66949
be stated in the declaration, and of participating in the	66950
succeeding primary election, held in even-numbered years, that	66951
occurs more than one hundred twenty days after the date of filing.	66952
No such group of electors shall assume a name or designation that	66953
is similar, in the opinion of the secretary of state, to that of	66954
an existing political party as to confuse or mislead the voters at	66955
an election. If any political party fails to cast five per cent of	66956
the total vote cast at an election for the office of governor or	66957
president, it shall cease to be a political party.	66958

(2) A campaign committee shall be legally liable for any	66959
debts, contracts, or expenditures incurred or executed in its	66960
name.	66961

(B) Notwithstanding the definitions found in section 3501.01	66962
of the Revised Code, as used in this section and sections 3517.08	66963
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	66964

(1) "Campaign committee" means a candidate or a combination	66965
of two or more persons authorized by a candidate under section	66966
3517.081 of the Revised Code to receive contributions and make	66967
expenditures.	66968

(2) "Campaign treasurer" means an individual appointed by a	66969
candidate under section 3517.081 of the Revised Code.	66970

(3) "Candidate" has the same meaning as in division (H) of	66971
section 3501.01 of the Revised Code and also includes any person	66972
who, at any time before or after an election, receives	66973
contributions or makes expenditures or other use of contributions,	66974
has given consent for another to receive contributions or make	66975
expenditures or other use of contributions, or appoints a campaign	66976
treasurer, for the purpose of bringing about the person's	66977
nomination or election to public office. When two persons jointly	66978
seek the offices of governor and lieutenant governor, "candidate"	66979
means the pair of candidates jointly. "Candidate" does not include	66980
candidates for election to the offices of member of a county or	66981
state central committee, presidential elector, and delegate to a	66982
national convention or conference of a political party.	66983

(4) "Continuing association" means an association, other than	66984
a campaign committee, political party, legislative campaign fund,	66985
political contributing entity, or labor organization, that is	66986
intended to be a permanent organization that has a primary purpose	66987
other than supporting or opposing specific candidates, political	66988
parties, or ballot issues, and that functions on a regular basis	66989
throughout the year. "Continuing association" includes	66990
organizations that are determined to be not organized for profit	66991
under subsection 501 and that are described in subsection	66992
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	66993

(5) "Contribution" means a loan, gift, deposit, forgiveness	66994
of indebtedness, donation, advance, payment, or transfer of funds	66995
or anything of value, including a transfer of funds from an inter	66996
vivos or testamentary trust or decedent's estate, and the payment	66997
by any person other than the person to whom the services are	66998
rendered for the personal services of another person, which	66999
contribution is made, received, or used for the purpose of	67000
influencing the results of an election. Any loan, gift, deposit,	67001
forgiveness of indebtedness, donation, advance, payment, or	67002
transfer of funds or of anything of value, including a transfer of	67003
funds from an inter vivos or testamentary trust or decedent's	67004
estate, and the payment by any campaign committee, political	67005
action committee, legislative campaign fund, political party,	67006
political contributing entity, or person other than the person to	67007
whom the services are rendered for the personal services of	67008
another person, that is made, received, or used by a state or	67009
county political party, other than moneys a state or county	67010
political party receives from the Ohio political party fund	67011
pursuant to section 3517.17 of the Revised Code and the moneys a	67012
~~state or county political party~~an entity may receive under	67013
sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code,	67014
shall be considered to be a "contribution" for the purpose of	67015
section 3517.10 of the Revised Code and shall be included on a	67016
statement of contributions filed under that section.	67017

"Contribution" does not include any of the following:

67018

(a) Services provided without compensation by individuals	67019
volunteering a portion or all of their time on behalf of a person;	67020

(b) Ordinary home hospitality;

67021

(c) The personal expenses of a volunteer paid for by that	67022
volunteer campaign worker;	67023

(d) Any gift given to ~~a state or county political party~~an	67024
entity pursuant to section 3517.101 of the Revised Code~~. As used~~	67025
~~in division (B)(5)(d) of this section, "political party" means~~	67026
~~only a major political party~~;	67027

(e) Any contribution as defined in section 3517.1011 of the	67028
Revised Code that is made, received, or used to pay the direct	67029
costs of producing or airing an electioneering communication;	67030

(f) Any gift given to a state or county political party for	67031
the party's restricted fund under division (A)(2) of section	67032
3517.1012 of the Revised Code;	67033

(g) Any gift given to a state political party for deposit in	67034
a Levin account pursuant to section 3517.1013 of the Revised Code.	67035
As used in this division, "Levin account" has the same meaning as	67036
in that section.	67037

(h) Any donation given to a transition fund under section	67038
3517.1014 of the Revised Code.	67039

(6) "Expenditure" means the disbursement or use of a	67040
contribution for the purpose of influencing the results of an	67041
election or of making a charitable donation under division (G) of	67042
section 3517.08 of the Revised Code. Any disbursement or use of a	67043
contribution by a state or county political party is an	67044
expenditure and shall be considered either to be made for the	67045
purpose of influencing the results of an election or to be made as	67046
a charitable donation under division (G) of section 3517.08 of the	67047
Revised Code and shall be reported on a statement of expenditures	67048
filed under section 3517.10 of the Revised Code. During the thirty	67049
days preceding a primary or general election, any disbursement to	67050
pay the direct costs of producing or airing a broadcast, cable, or	67051
satellite communication that refers to a clearly identified	67052
candidate shall be considered to be made for the purpose of	67053
influencing the results of that election and shall be reported as	67054
an expenditure or as an independent expenditure under section	67055
3517.10 or 3517.105 of the Revised Code, as applicable, except	67056
that the information required to be reported regarding	67057
contributors for those expenditures or independent expenditures	67058
shall be the same as the information required to be reported under	67059
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	67060

As used in this division, "broadcast, cable, or satellite	67061
communication" and "refers to a clearly identified candidate" have	67062
the same meanings as in section 3517.1011 of the Revised Code.	67063

(7) "Personal expenses" includes, but is not limited to,	67064
ordinary expenses for accommodations, clothing, food, personal	67065
motor vehicle or airplane, and home telephone.	67066

(8) "Political action committee" means a combination of two	67067
or more persons, the primary or major purpose of which is to	67068
support or oppose any candidate, political party, or issue, or to	67069
influence the result of any election through express advocacy, and	67070
that is not a political party, a campaign committee, a political	67071
contributing entity, or a legislative campaign fund. "Political	67072
action committee" does not include either of the following:	67073

(a) A continuing association that makes disbursements for the	67074
direct costs of producing or airing electioneering communications	67075
and that does not engage in express advocacy;	67076

(b) A political club that is formed primarily for social	67077
purposes and that consists of one hundred members or less, has	67078
officers and periodic meetings, has less than two thousand five	67079
hundred dollars in its treasury at all times, and makes an	67080
aggregate total contribution of one thousand dollars or less per	67081
calendar year.	67082

(9) "Public office" means any state, county, municipal,	67083
township, or district office, except an office of a political	67084
party, that is filled by an election and the offices of United	67085
States senator and representative.	67086

(10) "Anything of value" has the same meaning as in section	67087
1.03 of the Revised Code.	67088

(11) "Beneficiary of a campaign fund" means a candidate, a	67089
public official or employee for whose benefit a campaign fund	67090
exists, and any other person who has ever been a candidate or	67091
public official or employee and for whose benefit a campaign fund	67092
exists.	67093

(12) "Campaign fund" means money or other property, including	67094
contributions.	67095

(13) "Public official or employee" has the same meaning as in	67096
section 102.01 of the Revised Code.	67097

(14) "Caucus" means all of the members of the house of	67098
representatives or all of the members of the senate of the general	67099
assembly who are members of the same political party.	67100

(15) "Legislative campaign fund" means a fund that is	67101
established as an auxiliary of a state political party and	67102
associated with one of the houses of the general assembly.	67103

(16) "In-kind contribution" means anything of value other	67104
than money that is used to influence the results of an election or	67105
is transferred to or used in support of or in opposition to a	67106
candidate, campaign committee, legislative campaign fund,	67107
political party, political action committee, or political	67108
contributing entity and that is made with the consent of, in	67109
coordination, cooperation, or consultation with, or at the request	67110
or suggestion of the benefited candidate, committee, fund, party,	67111
or entity. The financing of the dissemination, distribution, or	67112
republication, in whole or part, of any broadcast or of any	67113
written, graphic, or other form of campaign materials prepared by	67114
the candidate, the candidate's campaign committee, or their	67115
authorized agents is an in-kind contribution to the candidate and	67116
an expenditure by the candidate.	67117

(17) "Independent expenditure" means an expenditure by a	67118
person advocating the election or defeat of an identified	67119
candidate or candidates, that is not made with the consent of, in	67120
coordination, cooperation, or consultation with, or at the request	67121
or suggestion of any candidate or candidates or of the campaign	67122
committee or agent of the candidate or candidates. As used in	67123
division (B)(17) of this section:	67124

(a) "Person" means an individual, partnership, unincorporated	67125
business organization or association, political action committee,	67126
political contributing entity, separate segregated fund,	67127
association, or other organization or group of persons, but not a	67128
labor organization or a corporation unless the labor organization	67129
or corporation is a political contributing entity.	67130

(b) "Advocating" means any communication containing a message	67131
advocating election or defeat.	67132

(c) "Identified candidate" means that the name of the	67133
candidate appears, a photograph or drawing of the candidate	67134
appears, or the identity of the candidate is otherwise apparent by	67135
unambiguous reference.	67136

(d) "Made in coordination, cooperation, or consultation with,	67137
or at the request or suggestion of, any candidate or the campaign	67138
committee or agent of the candidate" means made pursuant to any	67139
arrangement, coordination, or direction by the candidate, the	67140
candidate's campaign committee, or the candidate's agent prior to	67141
the publication, distribution, display, or broadcast of the	67142
communication. An expenditure is presumed to be so made when it is	67143
any of the following:	67144

(i) Based on information about the candidate's plans,	67145
projects, or needs provided to the person making the expenditure	67146
by the candidate, or by the candidate's campaign committee or	67147
agent, with a view toward having an expenditure made;	67148

(ii) Made by or through any person who is, or has been,	67149
authorized to raise or expend funds, who is, or has been, an	67150
officer of the candidate's campaign committee, or who is, or has	67151
been, receiving any form of compensation or reimbursement from the	67152
candidate or the candidate's campaign committee or agent;	67153

(iii) Except as otherwise provided in division (D) of section	67154
3517.105 of the Revised Code, made by a political party in support	67155
of a candidate, unless the expenditure is made by a political	67156
party to conduct voter registration or voter education efforts.	67157

(e) "Agent" means any person who has actual oral or written	67158
authority, either express or implied, to make or to authorize the	67159
making of expenditures on behalf of a candidate, or means any	67160
person who has been placed in a position with the candidate's	67161
campaign committee or organization such that it would reasonably	67162
appear that in the ordinary course of campaign-related activities	67163
the person may authorize expenditures.	67164

(18) "Labor organization" means a labor union; an employee	67165
organization; a federation of labor unions, groups, locals, or	67166
other employee organizations; an auxiliary of a labor union,	67167
employee organization, or federation of labor unions, groups,	67168
locals, or other employee organizations; or any other bona fide	67169
organization in which employees participate and that exists for	67170
the purpose, in whole or in part, of dealing with employers	67171
concerning grievances, labor disputes, wages, hours, and other	67172
terms and conditions of employment.	67173

(19) "Separate segregated fund" means a separate segregated	67174
fund established pursuant to the Federal Election Campaign Act.	67175

(20) "Federal Election Campaign Act" means the "Federal	67176
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	67177
seq., as amended.	67178

(21) "Restricted fund" means the fund a state or county	67179
political party must establish under division (A)(1) of section	67180
3517.1012 of the Revised Code.	67181

(22) "Electioneering communication" has the same meaning as	67182
in section 3517.1011 of the Revised Code.	67183

(23) "Express advocacy" means a communication that contains	67184
express words advocating the nomination, election, or defeat of a	67185
candidate or that contains express words advocating the adoption	67186
or defeat of a question or issue, as determined by a final	67187
judgment of a court of competent jurisdiction.	67188

(24) "Political committee" has the same meaning as in section	67189
3517.1011 of the Revised Code.	67190

(25) "Political contributing entity" means any entity,	67191
including a corporation or labor organization, that may lawfully	67192
make contributions and expenditures and that is not an individual	67193
or a political action committee, continuing association, campaign	67194
committee, political party, legislative campaign fund, designated	67195
state campaign committee, or state candidate fund. For purposes of	67196
this division, "lawfully" means not prohibited by any section of	67197
the Revised Code, or authorized by a final judgment of a court of	67198
competent jurisdiction.	67199

Sec. 3517.10. (A) Except as otherwise provided in this	67200
division, every campaign committee, political action committee,	67201
legislative campaign fund, political party, and political	67202
contributing entity that made or received a contribution or made	67203
an expenditure in connection with the nomination or election of	67204
any candidate or in connection with any ballot issue or question	67205
at any election held or to be held in this state shall file, on a	67206
form prescribed under this section or by electronic means of	67207
transmission as provided in this section and section 3517.106 of	67208
the Revised Code, a full, true, and itemized statement, made under	67209
penalty of election falsification, setting forth in detail the	67210
contributions and expenditures, not later than four p.m. of the	67211
following dates:	67212

(1) The twelfth day before the election to reflect	67213
contributions received and expenditures made from the close of	67214
business on the last day reflected in the last previously filed	67215
statement, if any, to the close of business on the twentieth day	67216
before the election;	67217

(2) The thirty-eighth day after the election to reflect the	67218
contributions received and expenditures made from the close of	67219
business on the last day reflected in the last previously filed	67220
statement, if any, to the close of business on the seventh day	67221
before the filing of the statement;	67222

(3) The last business day of January of every year to reflect	67223
the contributions received and expenditures made from the close of	67224
business on the last day reflected in the last previously filed	67225
statement, if any, to the close of business on the last day of	67226
December of the previous year;	67227

(4) The last business day of July of every year to reflect	67228
the contributions received and expenditures made from the close of	67229
business on the last day reflected in the last previously filed	67230
statement, if any, to the close of business on the last day of	67231
June of that year.	67232

A campaign committee shall only be required to file the	67233
statements prescribed under divisions (A)(1) and (2) of this	67234
section in connection with the nomination or election of the	67235
committee's candidate.	67236

The statement required under division (A)(1) of this section	67237
shall not be required of any campaign committee, political action	67238
committee, legislative campaign fund, political party, or	67239
political contributing entity that has received contributions of	67240
less than one thousand dollars and has made expenditures of less	67241
than one thousand dollars at the close of business on the	67242
twentieth day before the election. Those contributions and	67243
expenditures shall be reported in the statement required under	67244
division (A)(2) of this section.	67245

If an election to select candidates to appear on the general	67246
election ballot is held within sixty days before a general	67247
election, the campaign committee of a successful candidate in the	67248
earlier election may file the statement required by division	67249
(A)(1) of this section for the general election instead of the	67250
statement required by division (A)(2) of this section for the	67251
earlier election if the pregeneral election statement reflects the	67252
status of contributions and expenditures for the period twenty	67253
days before the earlier election to twenty days before the general	67254
election.	67255

If a person becomes a candidate less than twenty days before	67256
an election, the candidate's campaign committee is not required to	67257
file the statement required by division (A)(1) of this section.	67258

No statement under division (A)(3) of this section shall be	67259
required for any year in which a campaign committee, political	67260
action committee, legislative campaign fund, political party, or	67261
political contributing entity is required to file a postgeneral	67262
election statement under division (A)(2) of this section. However,	67263
a statement under division (A)(3) of this section may be filed, at	67264
the option of the campaign committee, political action committee,	67265
legislative campaign fund, political party, or political	67266
contributing entity.	67267

No campaign committee of a candidate for the office of chief	67268
justice or justice of the supreme court, and no campaign committee	67269
of a candidate for the office of judge of any court in this state,	67270
shall be required to file a statement under division (A)(4) of	67271
this section.	67272

Except as otherwise provided in this paragraph and in the	67273
next paragraph of this section, the only campaign committees	67274
required to file a statement under division (A)(4) of this section	67275
are the campaign committee of a statewide candidate and the	67276
campaign committee of a candidate for county office. The campaign	67277
committee of a candidate for any other nonjudicial office is	67278
required to file a statement under division (A)(4) of this section	67279
if that campaign committee receives, during that period,	67280
contributions exceeding ten thousand dollars.	67281

No statement under division (A)(4) of this section shall be	67282
required of a campaign committee, a political action committee, a	67283
legislative campaign fund, a political party, or a political	67284
contributing entity for any year in which the campaign committee,	67285
political action committee, legislative campaign fund, political	67286
party, or political contributing entity is required to file a	67287
postprimary election statement under division (A)(2) of this	67288
section. However, a statement under division (A)(4) of this	67289
section may be filed at the option of the campaign committee,	67290
political action committee, legislative campaign fund, political	67291
party, or political contributing entity.	67292

No statement under division (A)(3) or (4) of this section	67293
shall be required if the campaign committee, political action	67294
committee, legislative campaign fund, political party, or	67295
political contributing entity has no contributions that it has	67296
received and no expenditures that it has made since the last date	67297
reflected in its last previously filed statement. However, the	67298
campaign committee, political action committee, legislative	67299
campaign fund, political party, or political contributing entity	67300
shall file a statement to that effect, on a form prescribed under	67301
this section and made under penalty of election falsification, on	67302
the date required in division (A)(3) or (4) of this section, as	67303
applicable.	67304

The campaign committee of a statewide candidate shall file a	67305
monthly statement of contributions received during each of the	67306
months of July, August, and September in the year of the general	67307
election in which the candidate seeks office. The campaign	67308
committee of a statewide candidate shall file the monthly	67309
statement not later than three business days after the last day of	67310
the month covered by the statement. During the period beginning on	67311
the nineteenth day before the general election in which a	67312
statewide candidate seeks election to office and extending through	67313
the day of that general election, each time the campaign committee	67314
of the joint candidates for the offices of governor and lieutenant	67315
governor or of a candidate for the office of secretary of state,	67316
auditor of state, treasurer of state, or attorney general receives	67317
a contribution from a contributor that causes the aggregate amount	67318
of contributions received from that contributor during that period	67319
to equal or exceed ten thousand dollars and each time the campaign	67320
committee of a candidate for the office of chief justice or	67321
justice of the supreme court receives a contribution from a	67322
contributor that causes the aggregate amount of contributions	67323
received from that contributor during that period to exceed ten	67324
thousand dollars, the campaign committee shall file a	67325
two-business-day statement reflecting that contribution. ~~During~~	67326
~~the period beginning on the nineteenth day before a primary~~	67327
~~election in which a candidate for statewide office seeks~~	67328
~~nomination to office and extending through the day of that primary~~	67329
~~election, each time either the campaign committee of a statewide~~	67330
~~candidate in that primary election that files a notice under~~	67331
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	67332
~~campaign committee of a statewide candidate in that primary~~	67333
~~election to which, in accordance with division (D) of section~~	67334
~~3517.103 of the Revised Code, the contribution limitations~~	67335
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	67336
~~receives a contribution from a contributor that causes the~~	67337
~~aggregate amount of contributions received from that contributor~~	67338
~~during that period to exceed ten thousand dollars, the campaign~~	67339
~~committee shall file a two-business-day statement reflecting that~~	67340
~~contribution.~~ Contributions reported on a two-business-day	67341
statement required to be filed by a campaign committee of a	67342
statewide candidate in a primary election shall also be included	67343
in the postprimary election statement required to be filed by that	67344
campaign committee under division (A)(2) of this section. A	67345
two-business-day statement required by this paragraph shall be	67346
filed not later than two business days after receipt of the	67347
contribution. The statements required by this paragraph shall be	67348
filed in addition to any other statements required by this	67349
section.	67350

Subject to the secretary of state having implemented, tested,	67351
and verified the successful operation of any system the secretary	67352
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	67353
this section and division (H)(1) of section 3517.106 of the	67354
Revised Code for the filing of campaign finance statements by	67355
electronic means of transmission, a campaign committee of a	67356
statewide candidate shall file a two-business-day statement under	67357
the preceding paragraph by electronic means of transmission if the	67358
campaign committee is required to file a pre-election,	67359
postelection, or monthly statement of contributions and	67360
expenditures by electronic means of transmission under this	67361
section or section 3517.106 of the Revised Code.	67362

If a campaign committee or political action committee has no	67363
balance on hand and no outstanding obligations and desires to	67364
terminate itself, it shall file a statement to that effect, on a	67365
form prescribed under this section and made under penalty of	67366
election falsification, with the official with whom it files a	67367
statement under division (A) of this section after filing a final	67368
statement of contributions and a final statement of expenditures,	67369
if contributions have been received or expenditures made since the	67370
period reflected in its last previously filed statement.	67371

(B) Except as otherwise provided in division (C)(7) of this	67372
section, each statement required by division (A) of this section	67373
shall contain the following information:	67374

(1) The full name and address of each campaign committee,	67375
political action committee, legislative campaign fund, political	67376
party, or political contributing entity, including any treasurer	67377
of the committee, fund, party, or entity, filing a contribution	67378
and expenditure statement;	67379

(2)(a) In the case of a campaign committee, the candidate's	67380
full name and address;	67381

(b) In the case of a political action committee, the	67382
registration number assigned to the committee under division	67383
(D)(1) of this section.	67384

(3) The date of the election and whether it was or will be a	67385
general, primary, or special election;	67386

(4) A statement of contributions received, which shall	67387
include the following information:	67388

(a) The month, day, and year of the contribution;

67389

(b)(i) The full name and address of each person, political	67390
party, campaign committee, legislative campaign fund, political	67391
action committee, or political contributing entity from whom	67392
contributions are received and the registration number assigned to	67393
the political action committee under division (D)(1) of this	67394
section. The requirement of filing the full address does not apply	67395
to any statement filed by a state or local committee of a	67396
political party, to a finance committee of such committee, or to a	67397
committee recognized by a state or local committee as its	67398
fund-raising auxiliary. Notwithstanding division (F) of this	67399
section, the requirement of filing the full address shall be	67400
considered as being met if the address filed is the same address	67401
the contributor provided under division (E)(1) of this section.	67402

(ii) If a political action committee, political contributing	67403
entity, legislative campaign fund, or political party that is	67404
required to file campaign finance statements by electronic means	67405
of transmission under section 3517.106 of the Revised Code or a	67406
campaign committee of a statewide candidate or candidate for the	67407
office of member of the general assembly receives a contribution	67408
from an individual that exceeds one hundred dollars, the name of	67409
the individual's current employer, if any, or, if the individual	67410
is self-employed, the individual's occupation and the name of the	67411
individual's business, if any;	67412

(iii) If a campaign committee of a statewide candidate or	67413
candidate for the office of member of the general assembly	67414
receives a contribution transmitted pursuant to section 3599.031	67415
of the Revised Code from amounts deducted from the wages and	67416
salaries of two or more employees that exceeds in the aggregate	67417
one hundred dollars during any one filing period under division	67418
(A)(1), (2), (3), or (4) of this section, the full name of the	67419
employees' employer and the full name of the labor organization of	67420
which the employees are members, if any.	67421

(c) A description of the contribution received, if other than	67422
money;	67423

(d) The value in dollars and cents of the contribution;

67424

(e) A separately itemized account of all contributions and	67425
expenditures regardless of the amount, except a receipt of a	67426
contribution from a person in the sum of twenty-five dollars or	67427
less at one social or fund-raising activity and a receipt of a	67428
contribution transmitted pursuant to section 3599.031 of the	67429
Revised Code from amounts deducted from the wages and salaries of	67430
employees if the contribution from the amount deducted from the	67431
wages and salary of any one employee is twenty-five dollars or	67432
less aggregated in a calendar year. An account of the total	67433
contributions from each social or fund-raising activity shall	67434
include a description of and the value of each in-kind	67435
contribution received at that activity from any person who made	67436
one or more such contributions whose aggregate value exceeded two	67437
hundred fifty dollars and shall be listed separately, together	67438
with the expenses incurred and paid in connection with that	67439
activity. A campaign committee, political action committee,	67440
legislative campaign fund, political party, or political	67441
contributing entity shall keep records of contributions from each	67442
person in the amount of twenty-five dollars or less at one social	67443
or fund-raising activity and contributions from amounts deducted	67444
under section 3599.031 of the Revised Code from the wages and	67445
salary of each employee in the amount of twenty-five dollars or	67446
less aggregated in a calendar year. No continuing association that	67447
is recognized by a state or local committee of a political party	67448
as an auxiliary of the party and that makes a contribution from	67449
funds derived solely from regular dues paid by members of the	67450
auxiliary shall be required to list the name or address of any	67451
members who paid those dues.	67452

Contributions that are other income shall be itemized	67453
separately from all other contributions. The information required	67454
under division (B)(4) of this section shall be provided for all	67455
other income itemized. As used in this paragraph, "other income"	67456
means a loan, investment income, or interest income.	67457

(f) In the case of a campaign committee of a state elected	67458
officer, if a person doing business with the state elected officer	67459
in the officer's official capacity makes a contribution to the	67460
campaign committee of that officer, the information required under	67461
division (B)(4) of this section in regard to that contribution,	67462
which shall be filed together with and considered a part of the	67463
committee's statement of contributions as required under division	67464
(A) of this section but shall be filed on a separate form provided	67465
by the secretary of state. As used in this division:	67466

(i) "State elected officer" has the same meaning as in	67467
section 3517.092 of the Revised Code.	67468

(ii) "Person doing business" means a person or an officer of	67469
an entity who enters into one or more contracts with a state	67470
elected officer or anyone authorized to enter into contracts on	67471
behalf of that officer to receive payments for goods or services,	67472
if the payments total, in the aggregate, more than five thousand	67473
dollars during a calendar year.	67474

(5) A statement of expenditures which shall include the	67475
following information:	67476

(a) The month, day, and year of the expenditure;

67477

(b) The full name and address of each person, political	67478
party, campaign committee, legislative campaign fund, political	67479
action committee, or political contributing entity to whom the	67480
expenditure was made and the registration number assigned to the	67481
political action committee under division (D)(1) of this section;	67482

67483

(d) The amount of each expenditure.

67484

(C)(1) The statement of contributions and expenditures shall	67485
be signed by the person completing the form. If a statement of	67486
contributions and expenditures is filed by electronic means of	67487
transmission pursuant to this section or section 3517.106 of the	67488
Revised Code, the electronic signature of the person who executes	67489
the statement and transmits the statement by electronic means of	67490
transmission, as provided in division (H) of section 3517.106 of	67491
the Revised Code, shall be attached to or associated with the	67492
statement and shall be binding on all persons and for all purposes	67493
under the campaign finance reporting law as if the signature had	67494
been handwritten in ink on a printed form.	67495

(2) The person filing the statement, under penalty of	67496
election falsification, shall include with it a list of each	67497
anonymous contribution, the circumstances under which it was	67498
received, and the reason it cannot be attributed to a specific	67499
donor.	67500

(3) Each statement of a campaign committee of a candidate who	67501
holds public office shall contain a designation of each	67502
contributor who is an employee in any unit or department under the	67503
candidate's direct supervision and control. In a space provided in	67504
the statement, the person filing the statement shall affirm that	67505
each such contribution was voluntarily made.	67506

(4) A campaign committee that did not receive contributions	67507
or make expenditures in connection with the nomination or election	67508
of its candidate shall file a statement to that effect, on a form	67509
prescribed under this section and made under penalty of election	67510
falsification, on the date required in division (A)(2) of this	67511
section.	67512

(5) The campaign committee of any person who attempts to	67513
become a candidate and who, for any reason, does not become	67514
certified in accordance with Title XXXV of the Revised Code for	67515
placement on the official ballot of a primary, general, or special	67516
election to be held in this state, and who, at any time prior to	67517
or after an election, receives contributions or makes	67518
expenditures, or has given consent for another to receive	67519
contributions or make expenditures, for the purpose of bringing	67520
about the person's nomination or election to public office, shall	67521
file the statement or statements prescribed by this section and a	67522
termination statement, if applicable. Division (C)(5) of this	67523
section does not apply to any person with respect to an election	67524
to the offices of member of a county or state central committee,	67525
presidential elector, or delegate to a national convention or	67526
conference of a political party.	67527

(6)(a) The statements required to be filed under this section	67528
shall specify the balance in the hands of the campaign committee,	67529
political action committee, legislative campaign fund, political	67530
party, or political contributing entity and the disposition	67531
intended to be made of that balance.	67532

(b) The secretary of state shall prescribe the form for all	67533
statements required to be filed under this section and shall	67534
furnish the forms to the boards of elections in the several	67535
counties. The boards of elections shall supply printed copies of	67536
those forms without charge. The secretary of state shall prescribe	67537
the appropriate methodology, protocol, and data file structure for	67538
statements required or permitted to be filed by electronic means	67539
of transmission under division (A) of this section, divisions (E),	67540
(F), and (G) of section 3517.106, division (D) of section	67541
3517.1011, division (B) of section 3517.1012, division (C) of	67542
section 3517.1013, and divisions (D) and (I) of section 3517.1014	67543
of the Revised Code. Subject to division (A) of this section,	67544
divisions (E), (F), and (G) of section 3517.106, division (D) of	67545
section 3517.1011, division (B) of section 3517.1012, division (C)	67546
of section 3517.1013, and divisions (D) and (I) of section	67547
3517.1014 of the Revised Code, the statements required to be	67548
stored on computer by the secretary of state under division (B) of	67549
section 3517.106 of the Revised Code shall be filed in whatever	67550
format the secretary of state considers necessary to enable the	67551
secretary of state to store the information contained in the	67552
statements on computer. Any such format shall be of a type and	67553
nature that is readily available to whoever is required to file	67554
the statements in that format.	67555

(c) The secretary of state shall assess the need for training	67556
regarding the filing of campaign finance statements by electronic	67557
means of transmission and regarding associated technologies for	67558
candidates, campaign committees, political action committees,	67559
legislative campaign funds, political parties, or political	67560
contributing entities, for individuals, partnerships, or other	67561
entities, for persons making disbursements to pay the direct costs	67562
of producing or airing electioneering communications, or for	67563
treasurers of transition funds, required or permitted to file	67564
statements by electronic means of transmission under this section	67565
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	67566
3517.1014 of the Revised Code. If, in the opinion of the secretary	67567
of state, training in these areas is necessary, the secretary of	67568
state shall arrange for the provision of voluntary training	67569
programs for candidates, campaign committees, political action	67570
committees, legislative campaign funds, political parties, or	67571
political contributing entities, for individuals, partnerships,	67572
and other entities, for persons making disbursements to pay the	67573
direct costs of producing or airing electioneering communications,	67574
or for treasurers of transition funds, as appropriate.	67575

(7) Each monthly statement and each two-business-day	67576
statement required by division (A) of this section shall contain	67577
the information required by divisions (B)(1) to (4), (C)(2), and,	67578
if appropriate, (C)(3) of this section. Each statement shall be	67579
signed as required by division (C)(1) of this section.	67580

(D)(1) Prior to receiving a contribution or making an	67581
expenditure, every campaign committee, political action committee,	67582
legislative campaign fund, political party, or political	67583
contributing entity shall appoint a treasurer and shall file, on a	67584
form prescribed by the secretary of state, a designation of that	67585
appointment, including the full name and address of the treasurer	67586
and of the campaign committee, political action committee,	67587
legislative campaign fund, political party, or political	67588
contributing entity. That designation shall be filed with the	67589
official with whom the campaign committee, political action	67590
committee, legislative campaign fund, political party, or	67591
political contributing entity is required to file statements under	67592
section 3517.11 of the Revised Code. The name of a campaign	67593
committee shall include at least the last name of the campaign	67594
committee's candidate. If two or more candidates are the	67595
beneficiaries of a single campaign committee under division (B) of	67596
section 3517.081 of the Revised Code, the name of the campaign	67597
committee shall include at least the last name of each candidate	67598
who is a beneficiary of that campaign committee. The secretary of	67599
state shall assign a registration number to each political action	67600
committee that files a designation of the appointment of a	67601
treasurer under this division if the political action committee is	67602
required by division (A)(1) of section 3517.11 of the Revised Code	67603
to file the statements prescribed by this section with the	67604
secretary of state.	67605

(2) The treasurer appointed under division (D)(1) of this	67606
section shall keep a strict account of all contributions, from	67607
whom received and the purpose for which they were disbursed.	67608

(3)(a) Except as otherwise provided in section 3517.108 of	67609
the Revised Code, a campaign committee shall deposit all monetary	67610
contributions received by the committee into an account separate	67611
from a personal or business account of the candidate or campaign	67612
committee.	67613

(b) A political action committee shall deposit all monetary	67614
contributions received by the committee into an account separate	67615
from all other funds.	67616

(c) A state or county political party may establish a state	67617
candidate fund that is separate from an account that contains the	67618
public moneys received from the Ohio political party fund under	67619
section 3517.17 of the Revised Code and from all other funds. A	67620
state or county political party may deposit into its state	67621
candidate fund any amounts of monetary contributions that are made	67622
to or accepted by the political party subject to the applicable	67623
limitations, if any, prescribed in section 3517.102 of the Revised	67624
Code. A state or county political party shall deposit all other	67625
monetary contributions received by the party into one or more	67626
accounts that are separate from its state candidate fund and from	67627
its account that contains the public moneys received from the Ohio	67628
political party fund under section 3517.17 of the Revised Code.	67629

(d) Each state political party shall have only one	67630
legislative campaign fund for each house of the general assembly.	67631
Each such fund shall be separate from any other funds or accounts	67632
of that state party. A legislative campaign fund is authorized to	67633
receive contributions and make expenditures for the primary	67634
purpose of furthering the election of candidates who are members	67635
of that political party to the house of the general assembly with	67636
which that legislative campaign fund is associated. Each	67637
legislative campaign fund shall be administered and controlled in	67638
a manner designated by the caucus. As used in this division,	67639
"caucus" has the same meaning as in section 3517.01 of the Revised	67640
Code and includes, as an ex officio member, the chairperson of the	67641
state political party with which the caucus is associated or that	67642
chairperson's designee.	67643

(4) Every expenditure in excess of twenty-five dollars shall	67644
be vouched for by a receipted bill, stating the purpose of the	67645
expenditure, that shall be filed with the statement of	67646
expenditures. A canceled check with a notation of the purpose of	67647
the expenditure is a receipted bill for purposes of division	67648
(D)(4) of this section.	67649

(5) The secretary of state or the board of elections, as the	67650
case may be, shall issue a receipt for each statement filed under	67651
this section and shall preserve a copy of the receipt for a period	67652
of at least six years. All statements filed under this section	67653
shall be open to public inspection in the office where they are	67654
filed and shall be carefully preserved for a period of at least	67655
six years after the year in which they are filed.	67656

(6) The secretary of state, by rule adopted pursuant to	67657
section 3517.23 of the Revised Code, shall prescribe both of the	67658
following:	67659

(a) The manner of immediately acknowledging, with date and	67660
time received, and preserving the receipt of statements that are	67661
transmitted by electronic means of transmission to the secretary	67662
of state pursuant to this section or section 3517.106, 3517.1011,	67663
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	67664

(b) The manner of preserving the contribution and	67665
expenditure, contribution and disbursement, deposit and	67666
disbursement, gift and disbursement, or donation and disbursement	67667
information in the statements described in division (D)(6)(a) of	67668
this section. The secretary of state shall preserve the	67669
contribution and expenditure, contribution and disbursement,	67670
deposit and disbursement, gift and disbursement, or donation and	67671
disbursement information in those statements for at least ten	67672
years after the year in which they are filed by electronic means	67673
of transmission.	67674

(7) The secretary of state, pursuant to division (I) of	67675
section 3517.106 of the Revised Code, shall make available online	67676
to the public through the internet the contribution and	67677
expenditure, contribution and disbursement, deposit and	67678
disbursement, gift and disbursement, or donation and disbursement	67679
information in all statements, all addenda, amendments, or other	67680
corrections to statements, and all amended statements filed with	67681
the secretary of state by electronic or other means of	67682
transmission under this section, division (B)(2)(b) or (C)(2)(b)	67683
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	67684
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	67685
secretary of state may remove the information from the internet	67686
after a reasonable period of time.	67687

(E)(1) Any person, political party, campaign committee,	67688
legislative campaign fund, political action committee, or	67689
political contributing entity that makes a contribution in	67690
connection with the nomination or election of any candidate or in	67691
connection with any ballot issue or question at any election held	67692
or to be held in this state shall provide its full name and	67693
address to the recipient of the contribution at the time the	67694
contribution is made. The political action committee also shall	67695
provide the registration number assigned to the committee under	67696
division (D)(1) of this section to the recipient of the	67697
contribution at the time the contribution is made.	67698

(2) Any individual who makes a contribution that exceeds one	67699
hundred dollars to a political action committee, political	67700
contributing entity, legislative campaign fund, or political party	67701
or to a campaign committee of a statewide candidate or candidate	67702
for the office of member of the general assembly shall provide the	67703
name of the individual's current employer, if any, or, if the	67704
individual is self-employed, the individual's occupation and the	67705
name of the individual's business, if any, to the recipient of the	67706
contribution at the time the contribution is made. Sections	67707
3599.39 and 3599.40 of the Revised Code do not apply to division	67708
(E)(2) of this section.	67709

(3) If a campaign committee shows that it has exercised its	67710
best efforts to obtain, maintain, and submit the information	67711
required under divisions (B)(4)(b)(ii) and (iii) of this section,	67712
that committee is considered to have met the requirements of those	67713
divisions. A campaign committee shall not be considered to have	67714
exercised its best efforts unless, in connection with written	67715
solicitations, it regularly includes a written request for the	67716
information required under division (B)(4)(b)(ii) of this section	67717
from the contributor or the information required under division	67718
(B)(4)(b)(iii) of this section from whoever transmits the	67719
contribution.	67720

(4) Any check that a political action committee uses to make	67721
a contribution or an expenditure shall contain the full name and	67722
address of the committee and the registration number assigned to	67723
the committee under division (D)(1) of this section.	67724

(F) As used in this section:

67725

(1)(a) Except as otherwise provided in division (F)(1) of	67726
this section, "address" means all of the following if they exist:	67727
apartment number, street, road, or highway name and number, rural	67728
delivery route number, city or village, state, and zip code as	67729
used in a person's post-office address, but not post-office box.	67730

(b) Except as otherwise provided in division (F)(1) of this	67731
section, if an address is required in this section, a post-office	67732
box and office, room, or suite number may be included in addition	67733
to, but not in lieu of, an apartment, street, road, or highway	67734
name and number.	67735

(c) If an address is required in this section, a campaign	67736
committee, political action committee, legislative campaign fund,	67737
political party, or political contributing entity may use the	67738
business or residence address of its treasurer or deputy	67739
treasurer. The post-office box number of the campaign committee,	67740
political action committee, legislative campaign fund, political	67741
party, or political contributing entity may be used in addition to	67742
that address.	67743

(d) For the sole purpose of a campaign committee's reporting	67744
of contributions on a statement of contributions received under	67745
division (B)(4) of this section, "address" has one of the	67746
following meanings at the option of the campaign committee:	67747

(i) The same meaning as in division (F)(1)(a) of this	67748
section;	67749

(ii) All of the following, if they exist: the contributor's	67750
post-office box number and city or village, state, and zip code as	67751
used in the contributor's post-office address.	67752

(e) As used with regard to the reporting under this section	67753
of any expenditure, "address" means all of the following if they	67754
exist: apartment number, street, road, or highway name and number,	67755
rural delivery route number, city or village, state, and zip code	67756
as used in a person's post-office address, or post-office box. If	67757
an address concerning any expenditure is required in this section,	67758
a campaign committee, political action committee, legislative	67759
campaign fund, political party, or political contributing entity	67760
may use the business or residence address of its treasurer or	67761
deputy treasurer or its post-office box number.	67762

(2) "Statewide candidate" means the joint candidates for the	67763
offices of governor and lieutenant governor or a candidate for the	67764
office of secretary of state, auditor of state, treasurer of	67765
state, attorney general, member of the state board of education,	67766
chief justice of the supreme court, or justice of the supreme	67767
court.	67768

(3) "Candidate for county office" means a candidate for the	67769
office of county auditor, county treasurer, clerk of the court of	67770
common pleas, judge of the court of common pleas, sheriff, county	67771
recorder, county engineer, county commissioner, prosecuting	67772
attorney, or coroner.	67773

(G) An independent expenditure shall be reported whenever and	67774
in the same manner that an expenditure is required to be reported	67775
under this section and shall be reported pursuant to division	67776
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	67777

(H)(1) Except as otherwise provided in division (H)(2) of	67778
this section, if, during the combined pre-election and	67779
postelection reporting periods for an election, a campaign	67780
committee has received contributions of five hundred dollars or	67781
less and has made expenditures in the total amount of five hundred	67782
dollars or less, it may file a statement to that effect, under	67783
penalty of election falsification, in lieu of the statement	67784
required by division (A)(2) of this section. The statement shall	67785
indicate the total amount of contributions received and the total	67786
amount of expenditures made during those combined reporting	67787
periods.	67788

(2) In the case of a successful candidate at a primary	67789
election, if either the total contributions received by or the	67790
total expenditures made by the candidate's campaign committee	67791
during the preprimary, postprimary, pregeneral, and postgeneral	67792
election periods combined equal more than five hundred dollars,	67793
the campaign committee may file the statement under division	67794
(H)(1) of this section only for the primary election. The first	67795
statement that the campaign committee files in regard to the	67796
general election shall reflect all contributions received and all	67797
expenditures made during the preprimary and postprimary election	67798
periods.	67799

(3) Divisions (H)(1) and (2) of this section do not apply if	67800
a campaign committee receives contributions or makes expenditures	67801
prior to the first day of January of the year of the election at	67802
which the candidate seeks nomination or election to office or if	67803
the campaign committee does not file a termination statement with	67804
its postprimary election statement in the case of an unsuccessful	67805
primary election candidate or with its postgeneral election	67806
statement in the case of other candidates.	67807

(I) In the case of a contribution made by a partner of a	67808
partnership or an owner or a member of another unincorporated	67809
business from any funds of the partnership or other unincorporated	67810
business, all of the following apply:	67811

(1) The recipient of the contribution shall report the	67812
contribution by listing both the partnership or other	67813
unincorporated business and the name of the partner, owner, or	67814
member making the contribution.	67815

(2) In reporting the contribution, the recipient of the	67816
contribution shall be entitled to conclusively rely upon the	67817
information provided by the partnership or other unincorporated	67818
business, provided that the information includes one of the	67819
following:	67820

(a) The name of each partner, owner, or member as of the date	67821
of the contribution or contributions, and a statement that the	67822
total contributions are to be allocated equally among all of the	67823
partners, owners, or members; or	67824

(b) The name of each partner, owner, or member as of the date	67825
of the contribution or contributions who is participating in the	67826
contribution or contributions, and a statement that the	67827
contribution or contributions are to be allocated to those	67828
individuals in accordance with the information provided by the	67829
partnership or other unincorporated business to the recipient of	67830
the contribution.	67831

(3) For purposes of section 3517.102 of the Revised Code, the	67832
contribution shall be considered to have been made by the partner,	67833
owner, or member reported under division (I)(1) of this section.	67834

(4) No contribution from a partner of a partnership or an	67835
owner or a member of another unincorporated business shall be	67836
accepted from any funds of the partnership or other unincorporated	67837
business unless the recipient reports the contribution under	67838
division (I)(1) of this section together with the information	67839
provided under division (I)(2) of this section.	67840

(5) No partnership or other unincorporated business shall	67841
make a contribution or contributions solely in the name of the	67842
partnership or other unincorporated business.	67843

(6) As used in division (I) of this section, "partnership or	67844
other unincorporated business" includes, but is not limited to, a	67845
cooperative, a sole proprietorship, a general partnership, a	67846
limited partnership, a limited partnership association, a limited	67847
liability partnership, and a limited liability company.	67848

(J) A candidate shall have only one campaign committee at any	67849
given time for all of the offices for which the person is a	67850
candidate or holds office.	67851

(K)(1) In addition to filing a designation of appointment of	67852
a treasurer under division (D)(1) of this section, the campaign	67853
committee of any candidate for an elected municipal office that	67854
pays an annual amount of compensation of five thousand dollars or	67855
less, the campaign committee of any candidate for member of a	67856
board of education except member of the state board of education,	67857
or the campaign committee of any candidate for township trustee or	67858
township fiscal officer may sign, under penalty of election	67859
falsification, a certificate attesting that the committee will not	67860
accept contributions during an election period that exceed in the	67861
aggregate two thousand dollars from all contributors and one	67862
hundred dollars from any one individual, and that the campaign	67863
committee will not make expenditures during an election period	67864
that exceed in the aggregate two thousand dollars.	67865

The certificate shall be on a form prescribed by the	67866
secretary of state and shall be filed not later than ten days	67867
after the candidate files a declaration of candidacy and petition,	67868
a nominating petition, or a declaration of intent to be a write-in	67869
candidate.	67870

(2) Except as otherwise provided in division (K)(3) of this	67871
section, a campaign committee that files a certificate under	67872
division (K)(1) of this section is not required to file the	67873
statements required by division (A) of this section.	67874

(3) If, after filing a certificate under division (K)(1) of	67875
this section, a campaign committee exceeds any of the limitations	67876
described in that division during an election period, the	67877
certificate is void and thereafter the campaign committee shall	67878
file the statements required by division (A) of this section. If	67879
the campaign committee has not previously filed a statement, then	67880
on the first statement the campaign committee is required to file	67881
under division (A) of this section after the committee's	67882
certificate is void, the committee shall report all contributions	67883
received and expenditures made from the time the candidate filed	67884
the candidate's declaration of candidacy and petition, nominating	67885
petition, or declaration of intent to be a write-in candidate.	67886

(4) As used in division (K) of this section, "election	67887
period" means the period of time beginning on the day a person	67888
files a declaration of candidacy and petition, nominating	67889
petition, or declaration of intent to be a write-in candidate	67890
through the day of the election at which the person seeks	67891
nomination to office if the person is not elected to office, or,	67892
if the candidate was nominated in a primary election, the day of	67893
the election at which the candidate seeks office.	67894

(L) A political contributing entity that receives	67895
contributions from the dues, membership fees, or other assessments	67896
of its members or from its officers, shareholders, and employees	67897
may report the aggregate amount of contributions received from	67898
those contributors and the number of individuals making those	67899
contributions, for each filing period under divisions (A)(1), (2),	67900
(3), and (4) of this section, rather than reporting information as	67901
required under division (B)(4) of this section, including, when	67902
applicable, the name of the current employer, if any, of a	67903
contributor whose contribution exceeds one hundred dollars or, if	67904
such a contributor is self-employed, the contributor's occupation	67905
and the name of the contributor's business, if any. Division	67906
(B)(4) of this section applies to a political contributing entity	67907
with regard to contributions it receives from all other	67908
contributors.	67909

Sec. 3517.101. (A) As used in this section:

67910

(1) "Gift" means a gift, subscription, loan, advance, or	67911
deposit of money or anything of value, given to ~~a state or county~~	67912
~~political party~~an entity described in division (C) of this	67913
section, that is specifically designated and used to defray any	67914
cost incurred on or after the effective date of this ~~section~~	67915
amendment for any of the ~~construction, renovation, or purchase of~~	67916
~~any office facility that is not used solely for the purpose of~~	67917
~~directly influencing the election of any individual candidate in~~	67918
~~any particular election for any office~~following purposes:	67919

(a) The construction, renovation, purchase, or lease of an	67920
office facility;	67921

(b) Furniture and fixtures to be installed in an office	67922
facility;	67923

67924

(d) The operating costs, maintenance, and repair of an office	67925
facility.	67926

(2) "Address" has the meaning given in division (F) of	67927
section 3517.10 of the Revised Code.	67928

(3) "Political party" means only a major political party.

67929

(B) Any person, including a corporation engaged in business	67930
in this state but not including a public utility, may make a gift	67931
to ~~a state or county political party~~an entity described in	67932
division (C) of this section if the gift is specifically	67933
designated and used to defray any cost incurred on or after the	67934
effective date of this ~~section~~amendment for the ~~construction,~~	67935
~~renovation, or purchase of any office facility that is not used~~	67936
~~solely for the purpose of directly influencing the election of any~~	67937
~~individual candidate in any particular election for any office~~	67938
~~and, if it~~purposes described in division (A)(1) of this section.	67939
If the gift is a gift of money from a corporation engaged in	67940
business in this state, if the gift ~~does~~shall not exceed ten per	67941
cent of the ~~cost of the construction, renovation, or purchase~~	67942
costs incurred for those purposes. Such gift shall not be	67943
considered a contribution or expenditure prohibited by any section	67944
of the Revised Code.	67945

(C) Any of the following entities may receive a gift under	67946
this section:	67947

(1) A state political party;

67948

(2) A county political party;

67949

(3) A legislative campaign fund.

67950

(D)(1) Each ~~state or county political party~~entity that	67951
receives a gift pursuant to this section shall file on a form	67952
prescribed by the secretary of state, a full, true, and itemized	67953
statement describing the gift received and how it was disbursed.	67954
The statement shall be made under penalty of election	67955
falsification and shall be filed not later than four p.m. of the	67956
last day of January of every year to reflect gifts received and	67957
disbursed during the immediately preceding calendar year.	67958

(2) Each statement required under division ~~(C)~~(D)(1) of this	67959
section shall contain all of the following information:	67960

(a) The full name and address of the ~~state or county~~	67961
~~political party~~entity filing the statement, including its	67962
treasurer;	67963

(b) A description of each gift received, which shall include:

67964

(i) The month, day, and year on which the gift was received;

67965

(ii) The full name and address of each person from whom or	67966
from which the gift was received;	67967

(iii) The nature of the gift, if other than money;

67968

(iv) The value of the gift in dollars and cents.

67969

Each gift received shall be itemized separately regardless of	67970
its amount or value.	67971

67972

(d) The total value of gifts received and gifts disbursed	67973
during each reporting period;	67974

(e) The total ~~cost of~~costs incurred for the ~~construction,~~	67975
~~renovation, or purchase of any office facility~~purposes for which	67976
a gift is used.	67977

~~(D)~~(E)(1) All monetary gifts and all income from the lease or	67978
rental of an office facility for which a gift is used shall be	67979
deposited in an account separate from other funds and maintained	67980
in that separate account. ~~Except as provided in division (D)(2) of~~	67981
~~this section, moneys~~Moneys in the account shall be used only for	67982
the ~~construction, renovation, or purchase of an office facility as~~	67983
purposes described in division ~~(B)~~(A)(1) of this section.	67984

(2) ~~Any moneys remaining in an account under division (D)(1)~~	67985
~~of this section after the construction, renovation, or purchase of~~	67986
~~an office facility shall be used only for the maintenance and~~	67987
~~repair of the facility or for the construction, renovation, or~~	67988
~~purchase of another office facility as described in division (B)~~	67989
~~of this section and shall not be used for operating costs of the~~	67990
~~facility or for any other purpose.~~	67991

~~(3)~~ When ~~a state or county political party~~an entity	67992
described in division (C) of this section sells an office facility	67993
that was constructed, renovated, or purchased in whole or in part	67994
from monetary gifts or sells furniture, fixtures, equipment, or	67995
supplies that were purchased in whole or in part from monetary	67996
gifts, the ~~party~~entity shall deposit in the account under	67997
division ~~(D)~~(E)(1) of this section an amount that is the same	67998
percentage of the total proceeds of the sale as the monetary gifts	67999
~~used in the construction, renovation, or purchase of the facility~~	68000
were of the total cost of ~~that construction, renovation, or~~	68001
~~purchase~~those goods or services. Proceeds deposited in the	68002
account shall be used only for the ~~construction, renovation, or~~	68003
~~purchase of another office facility as~~purposes described in	68004
division ~~(B)~~(A)(1) of this section.	68005

~~(E)~~(F) A state political party or a legislative campaign fund	68006
shall file a statement required under this section with the	68007
secretary of state and a county political party shall file a	68008
statement required under this section with the board of elections	68009
of the county in which the party is located.	68010

~~(F)~~(G)(1) No ~~state or county political party~~entity shall	68011
fail to file a statement required to be filed under this section.	68012

(2) No ~~state or county political party~~entity shall knowingly	68013
fail to report, or shall knowingly misrepresent, a gift required	68014
to be reported on a statement required to be filed under this	68015
section.	68016

~~(G)~~(H) No ~~state or county political party~~entity shall expend	68017
or use a gift for a purpose other than ~~to defray any cost incurred~~	68018
~~on or after the effective date of this section for the~~	68019
~~construction, renovation, or purchase of an office facility as~~the	68020
purposes described in division ~~(B)~~(A)(1) of this section ~~or for~~	68021
~~the maintenance and repair of such a facility as provided in~~	68022
~~division (D)(2) of this section~~.	68023

~~(H)~~(I) Prior to receiving any gift under this section, every	68024
~~political party~~entity shall appoint a treasurer and file, on a	68025
form prescribed by the secretary of state, a designation of the	68026
appointment, including the full name and address of the ~~political~~	68027
~~party~~entity. The designation shall be filed with the official	68028
with whom the ~~political party~~entity is required to file	68029
statements under division (E) of this section. The treasurer shall	68030
keep a strict account of all gifts required to be reported under	68031
this section. The secretary of state or board of elections, as the	68032
case may be, shall, if requested, issue a receipt for each	68033
statement filed under this section and preserve a record of the	68034
filing for at least six years. All such statements shall be open	68035
to public inspection in the office where they are filed, and shall	68036
be carefully preserved for a period of at least six years after	68037
the year in which they are filed.	68038

Sec. 3517.102. (A) Except as otherwise provided in section	68039
3517.103 of the Revised Code, as used in this section and sections	68040
3517.103 and 3517.104 of the Revised Code:	68041

(1) "Candidate" has the same meaning as in section 3517.01 of	68042
the Revised Code but includes only candidates for the offices of	68043
governor, lieutenant governor, secretary of state, auditor of	68044
state, treasurer of state, attorney general, member of the state	68045
board of education, member of the general assembly, chief justice	68046
of the supreme court, and justice of the supreme court.	68047

(2) "Statewide candidate" or "any one statewide candidate"	68048
means the joint candidates for the offices of governor and	68049
lieutenant governor or a candidate for the office of secretary of	68050
state, auditor of state, treasurer of state, attorney general,	68051
member of the state board of education, chief justice of the	68052
supreme court, or justice of the supreme court.	68053

(3) "Senate candidate" means a candidate for the office of	68054
state senator.	68055

(4) "House candidate" means a candidate for the office of	68056
state representative.	68057

(5)(a) "Primary election period" for a candidate begins on	68058
the beginning date of the candidate's pre-filing period specified	68059
in division (A)(9) of section 3517.109 of the Revised Code and	68060
ends on the day of the primary election.	68061

(b) In regard to any candidate, the "general election period"	68062
begins on the day after the primary election immediately preceding	68063
the general election at which the candidate seeks an office	68064
specified in division (A)(1) of this section and ends on the	68065
thirty-first day of December following that general election.	68066

(6) "State candidate fund" means the state candidate fund	68067
established by a state or county political party under division	68068
(D)(3)(c) of section 3517.10 of the Revised Code.	68069

(7) "Postgeneral election statement" means the statement	68070
filed under division (A)(2) of section 3517.10 of the Revised Code	68071
by the campaign committee of a candidate after the general	68072
election in which the candidate ran for office or filed by	68073
legislative campaign fund after the general election in an	68074
even-numbered year.	68075

(8) "Contribution" means any contribution that is required to	68076
be reported in the statement of contributions under section	68077
3517.10 of the Revised Code.	68078

(9)(a) Except as otherwise provided in division (A)(9)(b) of	68079
this section ~~and in division (F) of section 3517.103 and division~~	68080
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	68081
state campaign committee" means:	68082

(i) In the case of contributions to or from a state political	68083
party, a campaign committee of a statewide candidate, statewide	68084
officeholder, senate candidate, house candidate, or member of the	68085
general assembly.	68086

(ii) In the case of contributions to or from a county	68087
political party, a campaign committee of a senate candidate or	68088
house candidate whose candidacy is to be submitted to some or all	68089
of the electors in that county, or member of the general assembly	68090
whose district contains all or part of that county.	68091

(iii) In the case of contributions to or from a legislative	68092
campaign fund, a campaign committee of any of the following:	68093

(I) A senate or house candidate who, if elected, will be a	68094
member of the same party that established the legislative campaign	68095
fund and the same house with which the legislative campaign fund	68096
is associated;	68097

(II) A state senator or state representative who is a member	68098
of the same party that established the legislative campaign fund	68099
and the same house with which the legislative campaign fund is	68100
associated.	68101

(b) A campaign committee is no longer a "designated state	68102
campaign committee" after the campaign committee's candidate	68103
changes the designation of treasurer required to be filed under	68104
division (D)(1) of section 3517.10 of the Revised Code to indicate	68105
that the person intends to be a candidate for, or becomes a	68106
candidate for nomination or election to, any office that, if	68107
elected, would not qualify that candidate's campaign committee as	68108
a "designated state campaign committee" under division (A)(9)(a)	68109
of this section.	68110

(B)(1)(a) No individual who is seven years of age or older	68111
shall make a contribution or contributions aggregating more than:	68112

(i) Ten thousand dollars to the campaign committee of any one	68113
statewide candidate in a primary election period or in a general	68114
election period;	68115

(ii) Ten thousand dollars to the campaign committee of any	68116
one senate candidate in a primary election period or in a general	68117
election period;	68118

(iii) Ten thousand dollars to the campaign committee of any	68119
one house candidate in a primary election period or in a general	68120
election period;	68121

(iv) Ten thousand dollars to a county political party of the	68122
county in which the individual's designated Ohio residence is	68123
located for the party's state candidate fund in a calendar year;	68124

(v) Fifteen thousand dollars to any one legislative campaign	68125
fund in a calendar year;	68126

(vi) Thirty thousand dollars to any one state political party	68127
for the party's state candidate fund in a calendar year;	68128

(vii) Ten thousand dollars to any one political action	68129
committee in a calendar year;	68130

(viii) Ten thousand dollars to any one political contributing	68131
entity in a calendar year.	68132

(b) No individual shall make a contribution or contributions	68133
to the state candidate fund of a county political party of any	68134
county other than the county in which the individual's designated	68135
Ohio residence is located.	68136

(c) No individual who is under seven years of age shall make	68137
any contribution.	68138

(2)(a) Subject to division (D)(1) of this section, no	68139
political action committee shall make a contribution or	68140
contributions aggregating more than:	68141

(i) Ten thousand dollars to the campaign committee of any one	68142
statewide candidate in a primary election period or in a general	68143
election period;	68144

(ii) Ten thousand dollars to the campaign committee of any	68145
one senate candidate in a primary election period or in a general	68146
election period;	68147

(iii) Ten thousand dollars to the campaign committee of any	68148
one house candidate in a primary election period or in a general	68149
election period;	68150

(iv) Fifteen thousand dollars to any one legislative campaign	68151
fund in a calendar year;	68152

(v) Thirty thousand dollars to any one state political party	68153
for the party's state candidate fund in a calendar year;	68154

(vi) Ten thousand dollars to another political action	68155
committee or to a political contributing entity in a calendar	68156
year. This division does not apply to a political action committee	68157
that makes a contribution to a political action committee or a	68158
political contributing entity affiliated with it. For purposes of	68159
this division, a political action committee is affiliated with	68160
another political action committee or with a political	68161
contributing entity if they are both established, financed,	68162
maintained, or controlled by, or if they are, the same	68163
corporation, organization, labor organization, continuing	68164
association, or other person, including any parent, subsidiary,	68165
division, or department of that corporation, organization, labor	68166
organization, continuing association, or other person.	68167

(b) No political action committee shall make a contribution	68168
or contributions to a county political party for the party's state	68169
candidate fund.	68170

(3) No campaign committee shall make a contribution or	68171
contributions aggregating more than:	68172

(a) Ten thousand dollars to the campaign committee of any one	68173
statewide candidate in a primary election period or in a general	68174
election period;	68175

(b) Ten thousand dollars to the campaign committee of any one	68176
senate candidate in a primary election period or in a general	68177
election period;	68178

(c) Ten thousand dollars to the campaign committee of any one	68179
house candidate in a primary election period or in a general	68180
election period;	68181

(d) Ten thousand dollars to any one political action	68182
committee in a calendar year;	68183

(e) Ten thousand dollars to any one political contributing	68184
entity in a calendar year.	68185

(4)(a) Subject to division (D)(3) of this section, no	68186
political party shall make a contribution or contributions	68187
aggregating more than ten thousand dollars to any one political	68188
action committee or to any one political contributing entity in a	68189
calendar year.	68190

(b) No county political party shall make a contribution or	68191
contributions to another county political party.	68192

(5)(a) Subject to division (B)(5)(b) of this section, no	68193
campaign committee, other than a designated state campaign	68194
committee, shall make a contribution or contributions aggregating	68195
in a calendar year more than:	68196

(i) Thirty thousand dollars to any one state political party	68197
for the party's state candidate fund;	68198

(ii) Fifteen thousand dollars to any one legislative campaign	68199
fund;	68200

(iii) Ten thousand dollars to any one county political party	68201
for the party's state candidate fund.	68202

(b) No campaign committee shall make a contribution or	68203
contributions to a county political party for the party's state	68204
candidate fund unless one of the following applies:	68205

(i) The campaign committee's candidate will appear on a	68206
ballot in that county.	68207

(ii) The campaign committee's candidate is the holder of an	68208
elected public office that represents all or part of the	68209
population of that county at the time the contribution is made.	68210

(6)(a) No state candidate fund of a county political party	68211
shall make a contribution or contributions, except a contribution	68212
or contributions to a designated state campaign committee, in a	68213
primary election period or a general election period, aggregating	68214
more than:	68215

(i) Two hundred fifty thousand dollars to the campaign	68216
committee of any one statewide candidate;	68217

(ii) Ten thousand dollars to the campaign committee of any	68218
one senate candidate;	68219

(iii) Ten thousand dollars to the campaign committee of any	68220
one house candidate.	68221

(b)(i) No state candidate fund of a state or county political	68222
party shall make a transfer or a contribution or transfers or	68223
contributions of cash or cash equivalents to a designated state	68224
campaign committee in a primary election period or in a general	68225
election period aggregating more than:	68226

(I) Five hundred thousand dollars to the campaign committee	68227
of any one statewide candidate;	68228

(II) One hundred thousand dollars to the campaign committee	68229
of any one senate candidate;	68230

(III) Fifty thousand dollars to the campaign committee of any	68231
one house candidate.	68232

(ii) No legislative campaign fund shall make a transfer or a	68233
contribution or transfers or contributions of cash or cash	68234
equivalents to a designated state campaign committee aggregating	68235
more than:	68236

(I) Fifty thousand dollars in a primary election period or	68237
one hundred thousand dollars in a general election period to the	68238
campaign committee of any one senate candidate;	68239

(II) Twenty-five thousand dollars in a primary election	68240
period or fifty thousand dollars in a general election period to	68241
the campaign committee of any one house candidate.	68242

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	68243
section, "transfer or contribution of cash or cash equivalents"	68244
does not include any in-kind contributions.	68245

(c) A county political party that has no state candidate fund	68246
and that is located in a county having a population of less than	68247
one hundred fifty thousand may make one or more contributions from	68248
other accounts to any one statewide candidate or to any one	68249
designated state campaign committee that do not exceed, in the	68250
aggregate, two thousand five hundred dollars in any primary	68251
election period or general election period. As used in this	68252
division, "other accounts" does not include an account that	68253
contains the public moneys received from the Ohio political party	68254
fund under section 3517.17 of the Revised Code.	68255

(d) No legislative campaign fund shall make a contribution,	68256
other than to a designated state campaign committee or to the	68257
state candidate fund of a political party.	68258

(7)(a) Subject to division (D)(1) of this section, no	68259
political contributing entity shall make a contribution or	68260
contributions aggregating more than:	68261

(i) Ten thousand dollars to the campaign committee of any one	68262
statewide candidate in a primary election period or in a general	68263
election period;	68264

(ii) Ten thousand dollars to the campaign committee of any	68265
one senate candidate in a primary election period or in a general	68266
election period;	68267

(iii) Ten thousand dollars to the campaign committee of any	68268
one house candidate in a primary election period or in a general	68269
election period;	68270

(iv) Fifteen thousand dollars to any one legislative campaign	68271
fund in a calendar year;	68272

(v) Thirty thousand dollars to any one state political party	68273
for the party's state candidate fund in a calendar year;	68274

(vi) Ten thousand dollars to another political contributing	68275
entity or to a political action committee in a calendar year. This	68276
division does not apply to a political contributing entity that	68277
makes a contribution to a political contributing entity or a	68278
political action committee affiliated with it. For purposes of	68279
this division, a political contributing entity is affiliated with	68280
another political contributing entity or with a political action	68281
committee if they are both established, financed, maintained, or	68282
controlled by, or if they are, the same corporation, organization,	68283
labor organization, continuing association, or other person,	68284
including any parent, subsidiary, division, or department of that	68285
corporation, organization, labor organization, continuing	68286
association, or other person.	68287

(b) No political contributing entity shall make a	68288
contribution or contributions to a county political party for the	68289
party's state candidate fund.	68290

(C)(1)(a) Subject to division (D)(1) of this section, no	68291
campaign committee of a statewide candidate shall do any of the	68292
following:	68293

(i) Knowingly accept a contribution or contributions from any	68294
individual who is under seven years of age;	68295

(ii) Accept a contribution or contributions aggregating more	68296
than ten thousand dollars from any one individual who is seven	68297
years of age or older, from any one political action committee,	68298
from any one political contributing entity, or from any one other	68299
campaign committee in a primary election period or in a general	68300
election period;	68301

(iii) Accept a contribution or contributions aggregating more	68302
than two hundred fifty thousand dollars from any one or	68303
combination of state candidate funds of county political parties	68304
in a primary election period or in a general election period.	68305

(b) No campaign committee of a statewide candidate shall	68306
accept a contribution or contributions aggregating more than two	68307
thousand five hundred dollars in a primary election period or in a	68308
general election period from a county political party that has no	68309
state candidate fund and that is located in a county having a	68310
population of less than one hundred fifty thousand.	68311

(2)(a) Subject to division (D)(1) of this section and except	68312
for a designated state campaign committee, no campaign committee	68313
of a senate candidate shall do either of the following:	68314

(i) Knowingly accept a contribution or contributions from any	68315
individual who is under seven years of age;	68316

(ii) Accept a contribution or contributions aggregating more	68317
than ten thousand dollars from any one individual who is seven	68318
years of age or older, from any one political action committee,	68319
from any one political contributing entity, from any one state	68320
candidate fund of a county political party, or from any one other	68321
campaign committee in a primary election period or in a general	68322
election period.	68323

(b) No campaign committee of a senate candidate shall accept	68324
a contribution or contributions aggregating more than two thousand	68325
five hundred dollars in a primary election period or in a general	68326
election period from a county political party that has no state	68327
candidate fund and that is located in a county having a population	68328
of less than one hundred fifty thousand.	68329

(3)(a) Subject to division (D)(1) of this section and except	68330
for a designated state campaign committee, no campaign committee	68331
of a house candidate shall do either of the following:	68332

(i) Knowingly accept a contribution or contributions from any	68333
individual who is under seven years of age;	68334

(ii) Accept a contribution or contributions aggregating more	68335
than ten thousand dollars from any one individual who is seven	68336
years of age or older, from any one political action committee,	68337
from any one political contributing entity, from any one state	68338
candidate fund of a county political party, or from any one other	68339
campaign committee in a primary election period or in a general	68340
election period.	68341

(b) No campaign committee of a house candidate shall accept a	68342
contribution or contributions aggregating more than two thousand	68343
five hundred dollars in a primary election period or in a general	68344
election period from a county political party that has no state	68345
candidate fund and that is located in a county having a population	68346
of less than one hundred fifty thousand.	68347

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	68348
and except for a designated state campaign committee, no county	68349
political party shall knowingly accept a contribution or	68350
contributions from any individual who is under seven years of age,	68351
or accept a contribution or contributions for the party's state	68352
candidate fund aggregating more than ten thousand dollars from any	68353
one individual whose designated Ohio residence is located within	68354
that county and who is seven years of age or older or from any one	68355
campaign committee in a calendar year.	68356

(ii) Subject to division (D)(1) of this section, no county	68357
political party shall accept a contribution or contributions for	68358
the party's state candidate fund from any individual whose	68359
designated Ohio residence is located outside of that county and	68360
who is seven years of age or older, from any campaign committee	68361
unless the campaign committee's candidate will appear on a ballot	68362
in that county or unless the campaign committee's candidate is the	68363
holder of an elected public office that represents all or part of	68364
the population of that county at the time the contribution is	68365
accepted, or from any political action committee or any political	68366
contributing entity.	68367

(iii) No county political party shall accept a contribution	68368
or contributions from any other county political party.	68369

(b) Subject to division (D)(1) of this section, no state	68370
political party shall do either of the following:	68371

(i) Knowingly accept a contribution or contributions from any	68372
individual who is under seven years of age;	68373

(ii) Accept a contribution or contributions for the party's	68374
state candidate fund aggregating more than thirty thousand dollars	68375
from any one individual who is seven years of age or older, from	68376
any one political action committee, from any one political	68377
contributing entity, or from any one campaign committee, other	68378
than a designated state campaign committee, in a calendar year.	68379

(5) Subject to division (D)(1) of this section, no	68380
legislative campaign fund shall do either of the following:	68381

(a) Knowingly accept a contribution or contributions from any	68382
individual who is under seven years of age;	68383

(b) Accept a contribution or contributions aggregating more	68384
than fifteen thousand dollars from any one individual who is seven	68385
years of age or older, from any one political action committee,	68386
from any one political contributing entity, or from any one	68387
campaign committee, other than a designated state campaign	68388
committee, in a calendar year.	68389

(6)(a) No designated state campaign committee shall accept a	68390
transfer or contribution of cash or cash equivalents from a state	68391
candidate fund of a state political party aggregating in a primary	68392
election period or a general election period more than:	68393

(i) Five hundred thousand dollars, in the case of a campaign	68394
committee of a statewide candidate;	68395

(ii) One hundred thousand dollars, in the case of a campaign	68396
committee of a senate candidate;	68397

(iii) Fifty thousand dollars, in the case of a campaign	68398
committee of a house candidate.	68399

(b) No designated state campaign committee shall accept a	68400
transfer or contribution of cash or cash equivalents from a	68401
legislative campaign fund aggregating more than:	68402

(i) Fifty thousand dollars in a primary election period or	68403
one hundred thousand dollars in a general election period, in the	68404
case of a campaign committee of a senate candidate;	68405

(ii) Twenty-five thousand dollars in a primary election	68406
period or fifty thousand dollars in a general election period, in	68407
the case of a campaign committee of a house candidate.	68408

(c) No campaign committee of a candidate for the office of	68409
member of the general assembly, including a designated state	68410
campaign committee, shall accept a transfer or contribution of	68411
cash or cash equivalents from any one or combination of state	68412
candidate funds of county political parties aggregating in a	68413
primary election period or a general election period more than:	68414

(i) One hundred thousand dollars, in the case of a campaign	68415
committee of a senate candidate;	68416

(ii) Fifty thousand dollars, in the case of a campaign	68417
committee of a house candidate.	68418

(7)(a) Subject to division (D)(3) of this section, no	68419
political action committee and no political contributing entity	68420
shall do either of the following:	68421

(i) Knowingly accept a contribution or contributions from any	68422
individual who is under seven years of age;	68423

(ii) Accept a contribution or contributions aggregating more	68424
than ten thousand dollars from any one individual who is seven	68425
years of age or older, from any one campaign committee, or from	68426
any one political party in a calendar year.	68427

(b) Subject to division (D)(1) of this section, no political	68428
action committee shall accept a contribution or contributions	68429
aggregating more than ten thousand dollars from another political	68430
action committee or from a political contributing entity in a	68431
calendar year. Subject to division (D)(1) of this section, no	68432
political contributing entity shall accept a contribution or	68433
contributions aggregating more than ten thousand dollars from	68434
another political contributing entity or from a political action	68435
committee in a calendar year. This division does not apply to a	68436
political action committee or political contributing entity that	68437
accepts a contribution from a political action committee or	68438
political contributing entity affiliated with it. For purposes of	68439
this division, a political action committee is affiliated with	68440
another political action committee or with a political	68441
contributing entity if they are both established, financed,	68442
maintained, or controlled by the same corporation, organization,	68443
labor organization, continuing association, or other person,	68444
including any parent, subsidiary, division, or department of that	68445
corporation, organization, labor organization, continuing	68446
association, or other person.	68447

(D)(1)(a) For purposes of the limitations prescribed in	68448
division (B)(2) of this section and the limitations prescribed in	68449
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	68450
whichever is applicable, all contributions made by and all	68451
contributions accepted from political action committees that are	68452
established, financed, maintained, or controlled by, or that are,	68453
the same corporation, organization, labor organization, continuing	68454
association, or other person, including any parent, subsidiary,	68455
division, or department of that corporation, organization, labor	68456
organization, continuing association, or other person, are	68457
considered to have been made by or accepted from a single	68458
political action committee.	68459

(b) For purposes of the limitations prescribed in division	68460
(B)(7) of this section and the limitations prescribed in divisions	68461
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	68462
is applicable, all contributions made by and all contributions	68463
accepted from political contributing entities that are	68464
established, financed, maintained, or controlled by, or that are,	68465
the same corporation, organization, labor organization, continuing	68466
association, or other person, including any parent, subsidiary,	68467
division, or department of that corporation, organization, labor	68468
organization, continuing association, or other person, are	68469
considered to have been made by or accepted from a single	68470
political contributing entity.	68471

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	68472
(B)(4)(a), and (C)(7) of this section, "political action	68473
committee" does not include a political action committee that is	68474
organized to support or oppose a ballot issue or question and that	68475
makes no contributions to or expenditures on behalf of a political	68476
party, campaign committee, legislative campaign fund, political	68477
action committee, or political contributing entity. As used in	68478
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	68479
this section, "political contributing entity" does not include a	68480
political contributing entity that is organized to support or	68481
oppose a ballot issue or question and that makes no contributions	68482
to or expenditures on behalf of a political party, campaign	68483
committee, legislative campaign fund, political action committee,	68484
or political contributing entity.	68485

(3) For purposes of the limitations prescribed in divisions	68486
(B)(4) and (C)(7)(a) of this section, all contributions made by	68487
and all contributions accepted from a national political party, a	68488
state political party, and a county political party are considered	68489
to have been made by or accepted from a single political party and	68490
shall be combined with each other to determine whether the	68491
limitations have been exceeded.	68492

(E)(1) If a legislative campaign fund has kept a total amount	68493
of contributions exceeding one hundred fifty thousand dollars at	68494
the close of business on the seventh day before the postgeneral	68495
election statement is required to be filed under section 3517.10	68496
of the Revised Code, the legislative campaign fund shall comply	68497
with division (E)(2) of this section.	68498

(2)(a) Any legislative campaign fund that has kept a total	68499
amount of contributions in excess of the amount specified in	68500
division (E)(1) of this section at the close of business on the	68501
seventh day before the postgeneral election statement is required	68502
to be filed under section 3517.10 of the Revised Code shall	68503
dispose of the excess amount in the manner prescribed in division	68504
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	68505
days after the day the postgeneral election statement is required	68506
to be filed under section 3517.10 of the Revised Code. Any	68507
legislative campaign fund that is required to dispose of an excess	68508
amount of contributions under this division shall file a statement	68509
on the ninetieth day after the postgeneral election statement is	68510
required to be filed under section 3517.10 of the Revised Code	68511
indicating the total amount of contributions the fund has at the	68512
close of business on the seventh day before the postgeneral	68513
election statement is required to be filed under section 3517.10	68514
of the Revised Code and that the excess contributions were	68515
disposed of pursuant to this division and division (E)(2)(b) of	68516
this section. The statement shall be on a form prescribed by the	68517
secretary of state and shall contain any additional information	68518
the secretary of state considers necessary.	68519

(b) Any legislative campaign fund that is required to dispose	68520
of an excess amount of contributions under division (E)(2) of this	68521
section shall dispose of that excess amount by doing any of the	68522
following:	68523

(i) Giving the amount to the treasurer of state for deposit	68524
into the state treasury to the credit of the Ohio elections	68525
commission fund created by division (I) of section 3517.152 of the	68526
Revised Code;	68527

(ii) Giving the amount to individuals who made contributions	68528
to that legislative campaign fund as a refund of all or part of	68529
their contributions;	68530

(iii) Giving the amount to a corporation that is exempt from	68531
federal income taxation under subsection 501(a) and described in	68532
subsection 501(c) of the Internal Revenue Code.	68533

(F)(1) No legislative campaign fund shall fail to file a	68534
statement required by division (E) of this section.	68535

(2) No legislative campaign fund shall fail to dispose of	68536
excess contributions as required by division (E) of this section.	68537

(G) Nothing in this section shall affect, be used in	68538
determining, or supersede a limitation on campaign contributions	68539
as provided for in the Federal Election Campaign Act.	68540

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

68541

~~(a)~~(1) "Statewide candidate" means the joint candidates for	68542
the offices of governor and lieutenant governor or a candidate for	68543
the office of secretary of state, auditor of state, treasurer of	68544
state, attorney general, or member of the state board of	68545
education.	68546

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	68547
campaign committee of a candidate by the candidate ~~or by the~~	68548
~~candidate's spouse, parents, children, sons-in-law,~~	68549
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	68550
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	68551
~~marriage~~.	68552

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	68553
of a statewide candidate, senate candidate, or house candidate	68554
shall be considered "personal funds" subject to the provisions of	68555
this section ~~and section 3517.1010 of the Revised Code~~ to the	68556
extent that the loan is obtained or guaranteed by the candidate or	68557
~~is for the benefit of the candidate and is obtained or guaranteed~~	68558
~~by the candidate's spouse, parents, children, sons-in-law,~~	68559
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	68560
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	68561
~~marriage~~. A loan that is obtained or guaranteed and that is for	68562
the benefit of a statewide candidate, senate candidate, or house	68563
candidate shall not be considered "personal funds" for the	68564
purposes of this section ~~and section 3517.1010 of the Revised Code~~	68565
but shall be considered to be a "contribution" for the purposes of	68566
this chapter if the loan is obtained or guaranteed by anyone other	68567
than the candidate ~~or the candidate's spouse, parents, children,~~	68568
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	68569
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	68570
~~grandparents by marriage~~.	68571

~~(iii)~~(c) When a debt or other obligation incurred by a	68572
committee or by a candidate on behalf of the candidate's committee	68573
~~described in division (C)(1) or (2) of this section~~ is to be paid	68574
from "personal funds," those funds are considered to be expended	68575
when the debt or other obligation is incurred, regardless of when	68576
it is paid.	68577

~~(2) For purposes of this chapter, a candidate is an~~	68578
~~"opponent" when the candidate has indicated on the candidate's~~	68579
~~most recently filed designation of treasurer that the candidate~~	68580
~~seeks the same office at the same primary or general election as~~	68581
~~another candidate whose campaign committee has filed a personal~~	68582
~~funds notice required by division (C)(1) or (2) of this section.~~	68583

(B)(1) Except as otherwise provided in division (B)(2) of	68584
this section, no statewide candidate or candidate for the office	68585
of member of the general assembly shall make an expenditure of	68586
personal funds to influence the results of an election for that	68587
candidate's nomination or election to office unless the personal	68588
funds are first deposited into the campaign fund of that	68589
candidate's campaign committee.	68590

(2) A statewide candidate or candidate for the office of	68591
member of the general assembly may make an expenditure of personal	68592
funds without first depositing those funds into the campaign	68593
committee's funds as long as the aggregate total of those	68594
expenditures does not exceed five hundred dollars at any time	68595
during an election period. After the candidate's campaign	68596
committee reimburses the candidate for any direct expenditure of	68597
personal funds, the amount that was reimbursed is no longer	68598
included in the aggregate total of expenditures of personal funds	68599
subject to the five-hundred-dollar limit.	68600

~~(C)(1) If the campaign committee of any statewide candidate~~	68601
~~has received or expended or expects to expend more than one~~	68602
~~hundred thousand dollars of personal funds during a primary~~	68603
~~election period or one hundred fifty thousand dollars of personal~~	68604
~~funds during a general election period, the campaign committee~~	68605
~~shall file a personal funds notice in the manner provided in~~	68606
~~division (C)(3) of this section indicating that the committee has~~	68607
~~received or expended or expects to expend more than that amount.~~	68608
~~For the purpose of this division, a joint team of candidates for~~	68609
~~governor and lieutenant governor shall be considered a single~~	68610
~~candidate and their personal funds shall be combined.~~	68611

~~(2) If the campaign committee of any senate candidate or~~	68612
~~house candidate has received or expended or expects to expend more~~	68613
~~than twenty-five thousand dollars of personal funds during a~~	68614
~~primary election period or twenty-five thousand dollars of~~	68615
~~personal funds during a general election period, the campaign~~	68616
~~committee shall file a personal funds notice in the manner~~	68617
~~provided in division (C)(3) of this section indicating that the~~	68618
~~committee has received or expended or expects to expend more than~~	68619
~~that amount.~~	68620

~~(3) The personal funds notice required in divisions (C)(1)~~	68621
~~and (2) of this section and the declaration of no limits required~~	68622
~~under division (D)(2) of this section shall be on a form~~	68623
~~prescribed by the secretary of state. The personal funds notice~~	68624
~~required in divisions (C)(1) and (2) of this section shall be~~	68625
~~filed not later than the earlier of the following times:~~	68626

~~(a) One hundred twenty days before a primary election, in the~~	68627
~~case of personal funds received, expended, or expected to be~~	68628
~~expended during a primary election period, or not later than one~~	68629
~~hundred twenty days before a general election, in the case of~~	68630
~~personal funds received, expended, or expected to be expended~~	68631
~~during a general election period;~~	68632

~~(b) Two business days after the candidate's campaign~~	68633
~~committee receives or makes an expenditure of personal funds or~~	68634
~~the candidate makes an expenditure of personal funds on behalf of~~	68635
~~the candidate's campaign committee during that election period~~	68636
~~that exceed, in the aggregate, the amount specified in division~~	68637
~~(C)(1) or (2) of this section.~~	68638

~~The personal funds notice required under divisions (C)(1) and~~	68639
~~(2) of this section and the declaration of no limits required~~	68640
~~under division (D)(2) of this section shall be filed wherever the~~	68641
~~campaign committee files statements of contributions and~~	68642
~~expenditures under section 3517.11 of the Revised Code. The board~~	68643
~~of elections shall send to the secretary of state a copy of any~~	68644
~~personal funds notice or declaration of no limits filed by the~~	68645
~~campaign committee of a senate candidate or house candidate under~~	68646
~~division (C)(3) or (D)(2) of this section.~~	68647

~~(D)(1) Whenever a campaign committee files a notice under~~	68648
~~division (C)(1) or (2) of this section, and the campaign committee~~	68649
~~of an opponent files a declaration of no limits pursuant to~~	68650
~~division (D)(2) of this section within thirty days of the filing~~	68651
~~of the personal funds notice under division (C)(1) or (2) of this~~	68652
~~section, the contribution limitations prescribed in section~~	68653
~~3517.102 of the Revised Code no longer apply to the campaign~~	68654
~~committee of the candidate's opponent.~~	68655

~~(2) No campaign committee of a candidate described in~~	68656
~~division (D)(1) of this section shall accept any contribution or~~	68657
~~contributions from a contributor that exceed the limitations~~	68658
~~prescribed in section 3517.102 of the Revised Code until the~~	68659
~~committee files a declaration that the committee will accept~~	68660
~~contributions that exceed those limitations. This declaration~~	68661
~~shall be filed not later than thirty days after a candidate's~~	68662
~~opponent has filed a personal funds notice pursuant to division~~	68663
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	68664
~~referred to as the "declaration of no limits," and shall list all~~	68665
~~of the following:~~	68666

~~(a) The amount of cash on hand in the candidate's campaign~~	68667
~~fund at the end of the day immediately preceding the day on which~~	68668
~~the candidate's campaign committee files the declaration of no~~	68669
~~limits;~~	68670

~~(b) The value and description of all campaign assets worth~~	68671
~~five hundred dollars or more available to the candidate at the end~~	68672
~~of the day immediately preceding the day on which the candidate's~~	68673
~~campaign committee files the declaration of no limits.~~	68674

~~(3) A candidate who was not an opponent of a candidate who~~	68675
~~filed the personal funds notice required under division (C)(3) of~~	68676
~~this section on the date the personal funds notice was filed may~~	68677
~~file the declaration of no limits pursuant to division (D)(2) of~~	68678
~~this section within thirty days after becoming an opponent of the~~	68679
~~candidate who filed the personal funds notice.~~	68680

~~(4) If the candidate whose campaign committee filed a~~	68681
~~personal funds notice under division (C)(1) or (2) of this section~~	68682
~~fails to file a declaration of candidacy for the office listed on~~	68683
~~the designation of treasurer filed under division (D) of section~~	68684
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	68685
~~nominating petition for that office and dies or withdraws, both of~~	68686
~~the following apply to the campaign committee of that candidate's~~	68687
~~opponent if the opponent has filed a declaration of no limits~~	68688
~~pursuant to division (D) of this section:~~	68689

~~(a) No contribution from a contributor may thereafter be~~	68690
~~accepted that, when added to the aggregate total of all~~	68691
~~contributions received by that committee from that contributor~~	68692
~~during the primary election period or general election period,~~	68693
~~whichever is applicable, would cause that committee to exceed the~~	68694
~~contribution limitations prescribed in section 3517.102 of the~~	68695
~~Revised Code for the applicable election period.~~	68696

~~(b) The statement of primary-day finances or the year-end~~	68697
~~statement required to be filed under division (E) of section~~	68698
~~3517.1010 of the Revised Code shall be filed not later than~~	68699
~~fourteen days after the date the candidate's opponent fails to~~	68700
~~file a declaration of candidacy or nominating petition by the~~	68701
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	68702
~~calculating permitted funds under division (A)(4) of section~~	68703
~~3517.1010 of the Revised Code, the primary or general election~~	68704
~~period, whichever is applicable, shall be considered to have ended~~	68705
~~on the filing deadline, in the case of an opponent who fails to~~	68706
~~file a declaration of candidacy or nominating petition, or on the~~	68707
~~date of the opponent's death or withdrawal. In such an event, the~~	68708
~~filing of a statement of primary-day finances or year-end finances~~	68709
~~and the disposing of any excess funds as required under division~~	68710
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	68711
~~candidate's obligation to file such a statement for that election~~	68712
~~period.~~	68713

~~(E)(1) No campaign committee shall fail to file a personal~~	68714
~~funds notice as required under division (C)(1) or (2) of this~~	68715
~~section.~~	68716

~~(2) No campaign committee shall accept any contribution in~~	68717
~~excess of the contribution limitations prescribed in section~~	68718
~~3517.102 of the Revised Code:~~	68719

~~(a) Unless a declaration of no limits has been filed under~~	68720
~~division (D)(2) of this section;~~	68721

~~(b) In violation of division (D)(4) of this section once the~~	68722
~~candidate who filed a personal funds notice under division (C)(3)~~	68723
~~of this section fails to file a declaration of candidacy or~~	68724
~~nominating petition or that candidate dies or withdraws.~~	68725

~~(3) No campaign committee that violates division (E)(1) of~~	68726
~~this section shall expend any personal funds in excess of the~~	68727
~~amount specified in division (C)(1) or (2) of this section,~~	68728
~~whichever is appropriate to the committee.~~	68729

~~(4) The candidate of any campaign committee that violates~~	68730
~~division (E) of this section shall forfeit the candidate's~~	68731
~~nomination, if the candidate was nominated, or the office to which~~	68732
~~the candidate was elected, if the candidate was elected to office.~~	68733

~~(F)(1) Whenever a campaign committee files a notice under~~	68734
~~division (C)(1) or (2) of this section or whenever the~~	68735
~~contribution limitations prescribed in section 3517.102 of the~~	68736
~~Revised Code do not apply to a campaign committee under division~~	68737
~~(D)(1) of this section, that committee is not a designated state~~	68738
~~campaign committee for the purpose of the limitations prescribed~~	68739
~~in section 3517.102 of the Revised Code with regard to~~	68740
~~contributions made by that campaign committee to a legislative~~	68741
~~campaign fund or to a state candidate fund of a state or county~~	68742
~~political party.~~	68743

~~(2) Division (F)(1) of this section no longer applies to a~~	68744
~~campaign committee after both of the following occur:~~	68745

~~(a) The primary or general election period during which the~~	68746
~~contribution limitations prescribed in section 3517.102 of the~~	68747
~~Revised Code did not apply after being removed pursuant to~~	68748
~~division (D) of this section has expired;~~	68749

~~(b) When the campaign committee has disposed of all excess~~	68750
~~funds and excess aggregate contributions as required under section~~	68751
~~3517.1010 of the Revised Code.~~	68752

Sec. 3517.153. (A) Upon the filing of a complaint with the	68753
Ohio elections commission, which shall be made by affidavit of any	68754
person, on personal knowledge, and subject to the penalties for	68755
perjury, or upon the filing of a complaint made by the secretary	68756
of state or an official at the board of elections, setting forth a	68757
failure to comply with or a violation of any provision in sections	68758
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	68759
or 3599.031 of the Revised Code, the commission shall proceed in	68760
accordance with sections 3517.154 to 3517.157 of the Revised Code.	68761

(B) The commission shall prescribe the form for complaints	68762
made under division (A) of this section. The secretary of state	68763
and boards of elections shall furnish the information that the	68764
commission requests. The commission or a member of the commission	68765
may administer oaths, and the commission may issue subpoenas to	68766
any person in the state compelling the attendance of witnesses and	68767
the production of relevant papers, books, accounts, and reports.	68768
Section 101.42 of the Revised Code governs the issuance of	68769
subpoenas insofar as applicable. Upon the refusal of any person to	68770
obey a subpoena or to be sworn or to answer as a witness, the	68771
commission may apply to the court of common pleas of Franklin	68772
county under section 2705.03 of the Revised Code. The court shall	68773
hold proceedings in accordance with Chapter 2705. of the Revised	68774
Code.	68775

(C) No prosecution shall commence for a violation of a	68776
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	68777
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	68778
unless a complaint has been filed with the commission under this	68779
section and all proceedings of the commission or a panel of the	68780
commission, as appropriate, under sections 3517.154 to 3517.157 of	68781
the Revised Code are completed.	68782

(D) The commission may recommend legislation and render	68783
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	68784
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	68785
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	68786
over whose acts it has or may have jurisdiction. When the	68787
commission renders an advisory opinion relating to a specific set	68788
of circumstances involving any of those sections stating that	68789
there is no violation of a provision in those sections, the person	68790
to whom the opinion is directed or a person who is similarly	68791
situated may reasonably rely on the opinion and is immune from	68792
criminal prosecution and a civil action, including, without	68793
limitation, a civil action for removal from public office or	68794
employment, based on facts and circumstances covered by the	68795
opinion.	68796

(E) The commission shall establish a web site on which it	68797
shall post, at a minimum, all decisions and advisory opinions	68798
issued by the commission and copies of each election law as it is	68799
amended by the general assembly. The commission shall update the	68800
web site regularly to reflect any changes to those decisions and	68801
advisory opinions and any new decisions and advisory opinions.	68802

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	68803
elections commission shall review each complaint filed with the	68804
commission under section 3517.153 of the Revised Code, shall	68805
determine the nature of the complaint, and, unless division	68806
(A)(2)(a) of this section requires that the complaint receive an	68807
automatic expedited hearing, shall make a recommendation to the	68808
commission for its disposition, in accordance with this section.	68809
The attorney shall make the determination and the recommendation,	68810
if required, not later than one business day after the complaint	68811
is filed.	68812

(2)(a) If the attorney determines that the complaint sets	68813
forth a violation of division (B) of section 3517.21 or division	68814
(B) of section 3517.22 of the Revised Code and that the complaint	68815
is filed during one of the periods of time specified in division	68816
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	68817
~~complaint sets forth a violation of section 3517.103 of the~~	68818
~~Revised Code or a violation described in division (D) of section~~	68819
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	68820
automatic expedited hearing under section 3517.156 of the Revised	68821
Code.	68822

(b) If the attorney determines that the complaint sets forth	68823
a failure to comply with or a violation of division (G), (I), (J),	68824
(O), (P), or (Q) of section 3517.13, division (A) of section	68825
3517.21, or division (A) of section 3517.22 of the Revised Code	68826
and that the complaint is filed during one of the periods of time	68827
specified in division (B)(1) of section 3517.156 of the Revised	68828
Code, the attorney shall recommend to the commission that the	68829
complaint receive an expedited hearing under section 3517.156 of	68830
the Revised Code, and the complaint shall receive such a hearing.	68831

(c) If the attorney determines that the complaint sets forth	68832
a failure to comply with or a violation of a section of the	68833
Revised Code over which the commission has jurisdiction to hear	68834
complaints other than the sections described in divisions	68835
(A)(2)(a) and (b) of this section, and unless the attorney makes a	68836
determination as provided for in division (A)(3) of this section,	68837
the attorney shall recommend to the commission that the complaint	68838
be submitted to the commission under section 3517.155 of the	68839
Revised Code. After the attorney makes that recommendation, the	68840
attorney shall notify all parties to the complaint of the	68841
attorney's recommendation.	68842

(3)(a) If a complaint sets forth a failure to comply with or	68843
a violation of a section of the Revised Code over which the	68844
commission has jurisdiction to hear complaints other than the	68845
sections described in divisions (A)(2)(a) and (b) of this section	68846
and if the complaint is filed during one of the periods of time	68847
specified in division (B)(1) of section 3517.156 of the Revised	68848
Code, the attorney may determine that the complaint should receive	68849
an expedited hearing under that section. The attorney shall make	68850
that determination by considering one or more of the following:	68851

(i) The number of prior failures to comply with or violations	68852
of Title XXXV of the Revised Code that the person or entity	68853
against whom the complaint has been brought has committed and any	68854
prior penalties the commission has imposed on the person or	68855
entity;	68856

(ii) If the complaint involves a statement required to be	68857
filed under section 3517.10, division (E) of section 3517.102, or	68858
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68859
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	68860
addendum required to be filed under section 3517.11 of the Revised	68861
Code that is filed late, how late the filing is and how much time	68862
has elapsed between the deadline for filing the statement or	68863
addendum and the filing of the complaint;	68864

(iii) If the complaint involves contributions and	68865
expenditures, contributions and disbursements, deposits and	68866
disbursements, gifts and disbursements, or donations and	68867
disbursements required to be reported under section 3517.10,	68868
division (E) of section 3517.102, or section 3517.105, 3517.107,	68869
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	68870
of the Revised Code that are either not reported or reported late,	68871
the number of contributions and expenditures, contributions and	68872
disbursements, deposits and disbursements, gifts and	68873
disbursements, or donations and disbursements not reported or how	68874
late they were reported;	68875

(iv) If the complaint involves contributions required to be	68876
reported by a campaign committee under section 3517.10, division	68877
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	68878
or 3517.109 of the Revised Code that are not reported, whether any	68879
of the contributors of the contributions not reported have a	68880
personal or professional relationship with the campaign	68881
committee's candidate;	68882

(v) If the complaint involves a statement required to be	68883
filed under section 3517.10, division (E) of section 3517.102, or	68884
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68885
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	68886
that is incomplete, the degree to which it is incomplete;	68887

(vi) If the complaint involves the receipt of contributions	68888
in violation of section 3599.03 of the Revised Code, the dollar	68889
amount and number of contributions received in violation of that	68890
section;	68891

(vii) If the complaint involves a failure to make the	68892
identification or a misstatement of the identification required	68893
under section 3517.105 or 3517.20 of the Revised Code, whether the	68894
failure or misstatement was purposely made;	68895

(viii) If the complaint sets forth a failure to comply with	68896
or a violation of a section of the Revised Code described in	68897
division (A)(2)(c) of this section, whether the person or entity	68898
against whom the complaint has been made has committed more than	68899
one such failure or violation within a reasonable amount of time,	68900
or whether the cumulative nature of the failures or violations	68901
indicates a systematic disregard for the law.	68902

(b) Prior to making a determination under division (A)(3)(a)	68903
of this section that the complaint should receive an expedited	68904
hearing under section 3517.156 of the Revised Code, the attorney	68905
shall take into consideration the number of panels of the	68906
commission that have cases pending before them and the number of	68907
cases pending before the panels and shall not make a determination	68908
that will place an undue burden on a panel of the commission.	68909

(c) If the attorney determines that the complaint should	68910
receive an expedited hearing under section 3517.156 of the Revised	68911
Code, the attorney shall recommend to the commission that the	68912
complaint receive an expedited hearing, and, if a majority of the	68913
members of the commission agrees with the recommendation, the	68914
complaint shall receive an expedited hearing under that section.	68915

(4) The attorney may join two or more complaints if the	68916
attorney determines that the allegations in each complaint are of	68917
the same or similar character, are based on the same act or	68918
failure to act, or are based on two or more acts or failures to	68919
act constituting parts of a common scheme or plan. If one	68920
complaint contains two or more allegations, the attorney may	68921
separate the allegations if they are not of the same or similar	68922
character, if they are not based on the same act or failure to	68923
act, or if they are not based on two or more acts or failures to	68924
act constituting parts of a common scheme or plan. If the attorney	68925
separates the allegations in a complaint, the attorney may make	68926
separate recommendations under division (A)(2) or (3) of this	68927
section for each allegation.	68928

(B) Whenever a person or other entity files a complaint with	68929
the commission setting forth a failure to comply with or a	68930
violation of a section of the Revised Code as described in	68931
division (A)(2)(c) of this section and the complaint is filed	68932
during one of the periods of time specified in division (B)(1) of	68933
section 3517.156 of the Revised Code, the person or entity may	68934
request an expedited hearing under that section at the time the	68935
complaint is filed. The attorney for the commission shall inform	68936
the members of the commission of that request at the time the	68937
attorney makes a recommendation under division (A) of this	68938
section. The commission may grant the request for an expedited	68939
hearing under this division if it determines that an expedited	68940
hearing is practicable.	68941

Sec. 3517.155. (A)(1) Except as otherwise provided in	68942
division (B) of this section, the Ohio elections commission shall	68943
hold its first hearing on a complaint filed with it, other than a	68944
complaint that receives an expedited hearing under section	68945
3517.156 of the Revised Code, not later than ninety business days	68946
after the complaint is filed unless the commission has good cause	68947
to hold the hearing after that time, in which case it shall hold	68948
the hearing not later than one hundred eighty business days after	68949
the complaint is filed. At the hearing, the commission shall	68950
determine whether or not the failure to act or the violation	68951
alleged in the complaint has occurred and shall do only one of the	68952
following, except as otherwise provided in division (B) of this	68953
section or in division (B) of section 3517.151 of the Revised	68954
Code:	68955

(a) Enter a finding that good cause has been shown not to	68956
impose a fine or not to refer the matter to the appropriate	68957
prosecutor;	68958

(b) Impose a fine under section 3517.993 of the Revised Code;

68959

68960

~~(d) Direct the secretary of state or appropriate board of~~	68961
~~elections with the authority to certify a candidate to the ballot~~	68962
~~to remove a candidate's name from the ballot if the candidate is~~	68963
~~barred from the ballot under division (D) of section 3517.1010 of~~	68964
~~the Revised Code.~~	68965

(2) As used in division (A) of this section, "appropriate	68966
prosecutor" means a prosecutor as defined in section 2935.01 of	68967
the Revised Code and either of the following:	68968

(a) In the case of a failure to comply with or a violation of	68969
law involving a campaign committee or the committee's candidate, a	68970
political party, a legislative campaign fund, a political action	68971
committee, or a political contributing entity, that is required to	68972
file a statement of contributions and expenditures with the	68973
secretary of state under division (A) of section 3517.11 of the	68974
Revised Code, the prosecutor of Franklin county;	68975

(b) In the case of a failure to comply with or a violation of	68976
law involving any other campaign committee or committee's	68977
candidate, or any other political party, political action	68978
committee, or political contributing entity either of the	68979
following as determined by the commission:	68980

(i) The prosecutor of Franklin county;

68981

(ii) The prosecutor of the county in which the candidacy or	68982
ballot question or issue is submitted to the electors or, if it is	68983
submitted in more than one county, the most populous of those	68984
counties.	68985

(B) If the commission decides that the evidence is	68986
insufficient for it to determine whether or not the failure to act	68987
or the violation alleged in the complaint has occurred, the	68988
commission, by the affirmative vote of five members, may request	68989
that an investigatory attorney investigate the complaint. Upon	68990
that request, an investigatory attorney shall make an	68991
investigation in order to produce sufficient evidence for the	68992
commission to decide the matter. If the commission requests an	68993
investigation under this division, for good cause shown by the	68994
investigatory attorney, the commission may extend by sixty days	68995
the deadline for holding its first hearing on the complaint as	68996
required in division (A) of this section.	68997

(C) The commission shall take one of the actions required	68998
under division (A) of this section not later than thirty days	68999
after the close of all the evidence presented.	69000

(D)(1) The commission shall make any finding of a failure to	69001
comply with or a violation of law in regard to a complaint that	69002
alleges a violation of ~~division (D) of section 3517.1010,~~ division	69003
(A) or (B) of section 3517.21, or division (A) or (B) of section	69004
3517.22 of the Revised Code by clear and convincing evidence. The	69005
commission shall make any finding of a failure to comply with or a	69006
violation of law in regard to any other complaint by a	69007
preponderance of the evidence.	69008

(2) If the commission finds a violation of division (B) of	69009
section 3517.21 or division (B) of section 3517.22 of the Revised	69010
Code, it shall refer the matter to the appropriate prosecutor	69011
under division (A)(1)(c) of this section and shall not impose a	69012
fine under division (A)(1)(b) of this section or section 3517.993	69013
of the Revised Code.	69014

(E) In an action before the commission or a panel of the	69015
commission, if the allegations of the complainant are not proved,	69016
and the commission takes the action described in division	69017
(A)(1)(a) of this section or a panel of the commission takes the	69018
action described in division (C)(1) of section 3517.156 of the	69019
Revised Code, the commission or a panel of the commission may find	69020
that the complaint is frivolous, and, if the commission or panel	69021
so finds, the commission shall order the complainant to pay	69022
reasonable attorney's fees and to pay the costs of the commission	69023
or panel as determined by a majority of the members of the	69024
commission. The costs paid to the commission or panel under this	69025
division shall be deposited into the Ohio elections commission	69026
fund.	69027

Sec. 3517.20. (A)(1) As used in this section:

69028

(a) "Political publication for or against a candidate" means	69029
a notice, placard, advertisement, sample ballot, brochure, flyer,	69030
direct mailer, or other form of general publication that is	69031
designed to promote the nomination, election, or defeat of a	69032
candidate.	69033

(b) "Political publication for or against an issue" means a	69034
notice, placard, advertisement, sample ballot, brochure, flyer,	69035
direct mailer, or other form of general publication that is	69036
designed to promote the adoption or defeat of a ballot issue or	69037
question or to influence the voters in an election.	69038

(c) "Public political advertising" means newspapers,	69039
magazines, outdoor advertising facilities, direct mailings, or	69040
other similar types of general public political advertising, or	69041
flyers, handbills, or other nonperiodical printed matter.	69042

(d) "Statewide candidate" has the same meaning as in section	69043
3517.102 of the Revised Code.	69044

(e) "Legislative candidate" means a candidate for the office	69045
of member of the general assembly.	69046

(f) "Local candidate" means a candidate for an elective	69047
office of a political subdivision of this state.	69048

(g) "Legislative campaign fund" has the same meaning as in	69049
section 3517.01 of the Revised Code.	69050

(h) "Limited political action committee" means a political	69051
action committee of fewer than ten members.	69052

(i) "Limited political contributing entity" means a political	69053
contributing entity of fewer than ten members.	69054

(j) "Designated amount" means one hundred dollars in the case	69055
of a local candidate or a local ballot issue, two hundred fifty	69056
dollars in the case of a legislative candidate, or five hundred	69057
dollars in the case of a statewide candidate or a statewide ballot	69058
issue.	69059

(k) "To issue" includes to print, post, distribute, reproduce	69060
for distribution, or cause to be issued, printed, posted,	69061
distributed, or reproduced for distribution.	69062

(l) "Telephone bank" means more than five hundred telephone	69063
calls of an identical or substantially similar nature within any	69064
thirty-day period, whether those telephone calls are made by	69065
individual callers or by recording.	69066

(2)(a) No ~~candidate, legislative campaign fund,~~ political	69067
party, or other entity, except a political action committee, a	69068
political contributing entity, a candidate, a legislative campaign	69069
fund, or a campaign committee, shall issue a form of political	69070
publication for or against a candidate, or shall make an	69071
expenditure for the purpose of financing political communications	69072
in support of or opposition to a candidate through public	69073
political advertising, unless the name and residence or business	69074
address of the candidate or the chairperson, treasurer, or	69075
secretary of the legislative campaign fund, political party, or	69076
other entity that issues or otherwise is responsible for that	69077
political publication or that makes an expenditure for that	69078
political communication appears in a conspicuous place on that	69079
political publication or is contained within that political	69080
communication.	69081

(b) No candidate, legislative campaign fund, or campaign	69082
committee shall issue a form of political publication for or	69083
against a candidate, or shall make an expenditure for the purpose	69084
of financing political communications in support of or opposition	69085
to a candidate through public political advertising, unless the	69086
name of the ~~campaign committee~~entity appears in a conspicuous	69087
place on that political publication or is contained within that	69088
political communication.	69089

(3) No limited political action committee or limited	69090
political contributing entity shall do either of the following	69091
unless the name and residence or business address of the	69092
chairperson, treasurer, or secretary of the limited political	69093
action committee or limited political contributing entity involved	69094
appears in a conspicuous place in the political publication for or	69095
against a candidate described in division (A)(3)(a) of this	69096
section or is contained within the political communication	69097
described in division (A)(3)(b) of this section:	69098

(a) Issue a form of political publication for or against a	69099
candidate that costs in excess of the designated amount or that is	69100
issued in cooperation, consultation, or concert with, or at the	69101
request or suggestion of, a candidate, a campaign committee, a	69102
legislative campaign fund, a political party, a political action	69103
committee with ten or more members, a political contributing	69104
entity with ten or more members, or a limited political action	69105
committee or limited political contributing entity that spends in	69106
excess of the designated amount on a related or the same or	69107
similar political publication for or against a candidate;	69108

(b) Make an expenditure in excess of the designated amount in	69109
support of or opposition to a candidate or make an expenditure in	69110
cooperation, consultation, or concert with, or at the request or	69111
suggestion of, a candidate, a campaign committee, a legislative	69112
campaign fund, a political party, a political action committee	69113
with ten or more members, a political contributing entity with ten	69114
or more members, or a limited political action committee or	69115
limited political contributing entity that spends in excess of the	69116
designated amount in support of or opposition to the same	69117
candidate, for the purpose of financing political communications	69118
in support of or opposition to that candidate through public	69119
political advertising.	69120

(4) No political action committee with ten or more members	69121
and no political contributing entity with ten or more members	69122
shall issue a form of political publication for or against a	69123
candidate, or shall make an expenditure for the purpose of	69124
financing political communications in support of or opposition to	69125
a candidate through public political advertising, unless the name	69126
and residence or business address of the chairperson, treasurer,	69127
or secretary of the political action committee or political	69128
contributing entity that issues or otherwise is responsible for	69129
that political publication or that makes an expenditure for that	69130
political communication through public political advertising	69131
appears in a conspicuous place in that political publication or is	69132
contained within that political communication.	69133

(5)(a) No corporation, labor organization, ~~legislative~~	69134
~~campaign fund,~~ political party, or other entity, except a	69135
political action committee, a legislative campaign fund, or a	69136
campaign committee, shall issue a form of political publication	69137
for or against an issue, or shall make an expenditure for the	69138
purpose of financing political communications in support of or	69139
opposition to a ballot issue or question through public political	69140
advertising, unless the name and residence or business address of	69141
the chairperson, treasurer, or secretary of the corporation, labor	69142
organization, ~~legislative campaign fund,~~ political party, or other	69143
entity that issues or otherwise is responsible for that political	69144
publication or that makes an expenditure for that political	69145
communication through public political advertising appears in a	69146
conspicuous place in that political publication or is contained	69147
within that political communication.	69148

(b) No campaign committee or legislative campaign fund shall	69149
issue a form of political publication for or against an issue, or	69150
shall make an expenditure for the purpose of financing political	69151
communications in support of or opposition to a ballot issue or	69152
question through public political advertising, unless the name of	69153
the campaign committee or legislative campaign fund appears in a	69154
conspicuous place in that political publication or is contained	69155
within that political communication.	69156

(6) No limited political action committee shall do either of	69157
the following unless the name and residence or business address of	69158
the chairperson, treasurer, or secretary of the limited political	69159
action committee involved appears in a conspicuous place in the	69160
political publication for or against a ballot issue described in	69161
division (A)(6)(a) of this section or is contained within the	69162
political communication described in division (A)(6)(b) of this	69163
section:	69164

(a) Issue a form of political publication for or against a	69165
ballot issue that costs in excess of the designated amount or that	69166
is issued in cooperation, consultation, or concert with, or at the	69167
request or suggestion of, a candidate, a campaign committee, a	69168
legislative campaign fund, a political party, a political action	69169
committee with ten or more members, or a limited political action	69170
committee that spends in excess of the designated amount for a	69171
related or the same or similar political publication for or	69172
against an issue;	69173

(b) Make an expenditure in excess of the designated amount in	69174
support of or opposition to a ballot issue or make an expenditure	69175
in cooperation, consultation, or concert with, or at the request	69176
or suggestion of, a candidate, a campaign committee, a legislative	69177
campaign fund, a political party, a political action committee	69178
with ten or more members, or a limited political action committee	69179
that spends in excess of the designated amount in support of or	69180
opposition to the same ballot issue, for the purpose of financing	69181
political communications in support of or opposition to that	69182
ballot issue through public political advertising.	69183

(7) No political action committee with ten or more members	69184
shall issue a form of political publication for or against an	69185
issue, or shall make an expenditure for the purpose of financing	69186
political communications in support of or opposition to a ballot	69187
issue or question through public political advertising, unless the	69188
name and residence or business address of the chairperson,	69189
treasurer, or secretary of the political action committee that	69190
issues or otherwise is responsible for that political publication	69191
or that makes an expenditure for that political communication	69192
appears in a conspicuous place in that political publication or is	69193
contained within that political communication.	69194

(8) The disclaimer "paid political advertisement" is not	69195
sufficient to meet the requirements of this section.	69196

(9) If the political publication described in division (A) of	69197
this section is issued by the regularly constituted central or	69198
executive committee of a political party that is organized as	69199
provided in this chapter, it shall be sufficiently identified if	69200
it bears the name of the committee and its chairperson or	69201
treasurer.	69202

(10) If more than one piece of printed matter or printed	69203
political communications are mailed as a single packet, the	69204
requirements of division (A) of this section are met if one of the	69205
pieces of printed matter or printed political communications in	69206
the packet contains the name and residence or business address of	69207
the chairperson, treasurer, or secretary of the organization or	69208
entity that issues or is responsible for the printed matter or	69209
other printed political communications, except that if a campaign	69210
committee or legislative campaign fund mails more than one piece	69211
of printed matter or printed political communications as a single	69212
packet, the requirements of division (A) of this section are met	69213
if one of the pieces of printed matter or printed political	69214
communications in the packet contains the name of the campaign	69215
committee or legislative campaign fund.	69216

(11) This section does not apply to the transmittal of	69217
personal correspondence that is not reproduced by machine for	69218
general distribution.	69219

(12) The secretary of state, by rule, may exempt from the	69220
requirements of this section, printed matter and certain other	69221
kinds of printed communications such as campaign buttons,	69222
balloons, pencils, or similar items, the size or nature of which	69223
makes it unreasonable to add an identification or disclaimer.	69224

(13) The disclaimer or identification described in division	69225
(A) of this section, when paid for by a candidate, legislative	69226
campaign fund, or campaign committee, shall be identified by the	69227
words "paid for by" followed by the name of the ~~campaign committee~~	69228
~~and the appropriate officer of the committee, identified by name~~	69229
~~and title~~entity. The identification or disclaimer may use	69230
reasonable abbreviations for common terms such as ~~"treasurer" or~~	69231
"committee".	69232

(B)(1) No candidate, campaign committee, legislative campaign	69233
fund, political party, political action committee, limited	69234
political action committee, political contributing entity, limited	69235
political contributing entity, or other entity shall utter or	69236
cause to be uttered, over the broadcasting facilities of any radio	69237
or television station within this state, any communication that is	69238
designed to promote the nomination, election, or defeat of a	69239
candidate, or the adoption or defeat of an issue or to influence	69240
the voters in an election, unless the speaker identifies the	69241
speaker with the speaker's name and residence address or unless	69242
the communication identifies the chairperson, treasurer, or	69243
secretary of the organization responsible for the communication	69244
with the name and residence or business address of that officer,	69245
except that communications by radio need not broadcast the	69246
residence or business address of the officer. However, a radio	69247
station, for a period of at least six months, shall keep the	69248
residence or business address on file and divulge it to any person	69249
upon request.	69250

No person operating a broadcast station or an organ of	69251
printed media shall broadcast or print a paid political	69252
communication that does not contain the identification required by	69253
this section.	69254

(2) Division (B) of this section does not apply to any	69255
communications made on behalf of a radio or television station or	69256
network by any employee of such radio or television station or	69257
network while acting in the course of the employee's employment.	69258

(3) No candidate or entity described in division (B)(1) of	69259
this section shall use or cause to be used a false, fictitious, or	69260
fraudulent name or address in the making or issuing of a	69261
publication or communication included within the provisions of	69262
this section.	69263

(C) No candidate, campaign committee, legislative campaign	69264
fund, political party, political action committee, limited	69265
political action committee, political contributing entity, limited	69266
political contributing entity, or other person or entity shall	69267
conduct a telephone bank for the purpose of promoting the	69268
nomination, election, or defeat of a candidate or the adoption or	69269
defeat of an issue or to influence the voters in an election,	69270
unless the call includes a disclaimer that identifies the name of	69271
the candidate, campaign committee, legislative campaign fund,	69272
political party, political action committee, limited political	69273
action committee, political contributing entity, limited political	69274
contributing entity, or other person or entity paying for the	69275
telephone bank.	69276

(D) Before a prosecution may commence under this section, a	69277
complaint shall be filed with the Ohio elections commission under	69278
section 3517.153 of the Revised Code. After the complaint is	69279
filed, the commission shall proceed in accordance with sections	69280
3517.154 to 3517.157 of the Revised Code.	69281

Sec. 3517.992. This section establishes penalties only with	69282
respect to acts or failures to act that occur on and after August	69283
24, 1995.	69284

(A)(1) A candidate whose campaign committee violates division	69285
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	69286
or a treasurer of a campaign committee who violates any of those	69287
divisions, shall be fined not more than one hundred dollars for	69288
each day of violation.	69289

(2) Whoever violates division (E) or (X)(5) of section	69290
3517.13 or division (E)(1) of section 3517.1014 of the Revised	69291
Code shall be fined not more than one hundred dollars for each day	69292
of violation.	69293

(B) ~~A political party~~An entity that violates division	69294
~~(F)~~(G)(1) of section 3517.101 of the Revised Code shall be fined	69295
not more than one hundred dollars for each day of violation.	69296

(C) Whoever violates division ~~(F)~~(G)(2) of section 3517.101,	69297
division (G) of section 3517.13, or division (E)(2) or (3) of	69298
section 3517.1014 of the Revised Code shall be fined not more than	69299
ten thousand dollars or, if the offender is a person who was	69300
nominated or elected to public office, shall forfeit the	69301
nomination or the office to which the offender was elected, or	69302
both.	69303

(D) Whoever violates division (F) of section 3517.13 of the	69304
Revised Code shall be fined not more than three times the amount	69305
contributed.	69306

(E) Whoever violates division (H) of section 3517.13 of the	69307
Revised Code shall be fined not more than one hundred dollars.	69308

(F) Whoever violates division (O), (P), or (Q) of section	69309
3517.13 of the Revised Code is guilty of a misdemeanor of the	69310
first degree.	69311

(G) A state or county committee of a political party that	69312
violates division (B)(1) of section 3517.18 of the Revised Code	69313
shall be fined not more than twice the amount of the improper	69314
expenditure.	69315

(H) ~~A state or county political party~~An entity that violates	69316
division ~~(G)~~(H) of section 3517.101 of the Revised Code shall be	69317
fined not more than twice the amount of the improper expenditure	69318
or use.	69319

(I)(1) Any individual who violates division (B)(1) of section	69320
3517.102 of the Revised Code and knows that the contribution the	69321
individual makes violates that division shall be fined an amount	69322
equal to three times the amount contributed in excess of the	69323
amount permitted by that division.	69324

(2) Any political action committee that violates division	69325
(B)(2) of section 3517.102 of the Revised Code shall be fined an	69326
amount equal to three times the amount contributed in excess of	69327
the amount permitted by that division.	69328

(3) Any campaign committee that violates division (B)(3) or	69329
(5) of section 3517.102 of the Revised Code shall be fined an	69330
amount equal to three times the amount contributed in excess of	69331
the amount permitted by that division.	69332

(4)(a) Any legislative campaign fund that violates division	69333
(B)(6) of section 3517.102 of the Revised Code shall be fined an	69334
amount equal to three times the amount transferred or contributed	69335
in excess of the amount permitted by that division, as applicable.	69336

(b) Any state political party, county political party, or	69337
state candidate fund of a state political party or county	69338
political party that violates division (B)(6) of section 3517.102	69339
of the Revised Code shall be fined an amount equal to three times	69340
the amount transferred or contributed in excess of the amount	69341
permitted by that division, as applicable.	69342

(c) Any political contributing entity that violates division	69343
(B)(7) of section 3517.102 of the Revised Code shall be fined an	69344
amount equal to three times the amount contributed in excess of	69345
the amount permitted by that division.	69346

(5) Any political party that violates division (B)(4) of	69347
section 3517.102 of the Revised Code shall be fined an amount	69348
equal to three times the amount contributed in excess of the	69349
amount permitted by that division.	69350

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	69351
of this section, no violation of division (B) of section 3517.102	69352
of the Revised Code occurs, and the secretary of state shall not	69353
refer parties to the Ohio elections commission, if the amount	69354
transferred or contributed in excess of the amount permitted by	69355
that division meets either of the following conditions:	69356

(a) It is completely refunded within five business days after	69357
it is accepted.	69358

(b) It is completely refunded on or before the tenth business	69359
day after notification to the recipient of the excess transfer or	69360
contribution by the board of elections or the secretary of state	69361
that a transfer or contribution in excess of the permitted amount	69362
has been received.	69363

(J)(1) Any campaign committee that violates division (C)(1),	69364
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	69365
fined an amount equal to three times the amount accepted in excess	69366
of the amount permitted by that division.	69367

(2)(a) Any county political party that violates division	69368
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	69369
shall be fined an amount equal to three times the amount accepted.	69370

(b) Any county political party that violates division	69371
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	69372
fined an amount from its state candidate fund equal to three times	69373
the amount accepted in excess of the amount permitted by that	69374
division.	69375

(c) Any state political party that violates division	69376
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	69377
an amount from its state candidate fund equal to three times the	69378
amount accepted in excess of the amount permitted by that	69379
division.	69380

(3) Any legislative campaign fund that violates division	69381
(C)(5) of section 3517.102 of the Revised Code shall be fined an	69382
amount equal to three times the amount accepted in excess of the	69383
amount permitted by that division.	69384

(4) Any political action committee or political contributing	69385
entity that violates division (C)(7) of section 3517.102 of the	69386
Revised Code shall be fined an amount equal to three times the	69387
amount accepted in excess of the amount permitted by that	69388
division.	69389

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	69390
this section, no violation of division (C) of section 3517.102 of	69391
the Revised Code occurs, and the secretary of state shall not	69392
refer parties to the Ohio elections commission, if the amount	69393
transferred or contributed in excess of the amount permitted to be	69394
accepted by that division meets either of the following	69395
conditions:	69396

(a) It is completely refunded within five business days after	69397
its acceptance.	69398

(b) It is completely refunded on or before the tenth business	69399
day after notification to the recipient of the excess transfer or	69400
contribution by the board of elections or the secretary of state	69401
that a transfer or contribution in excess of the permitted amount	69402
has been received.	69403

(K)(1) Any legislative campaign fund that violates division	69404
(F)(1) of section 3517.102 of the Revised Code shall be fined	69405
twenty-five dollars for each day of violation.	69406

(2) Any legislative campaign fund that violates division	69407
(F)(2) of section 3517.102 of the Revised Code shall give to the	69408
treasurer of state for deposit into the state treasury to the	69409
credit of the Ohio elections commission fund all excess	69410
contributions not disposed of as required by division (E) of	69411
section 3517.102 of the Revised Code.	69412

(L) Whoever violates section 3517.105 of the Revised Code	69413
shall be fined one thousand dollars.	69414

(M)(1) Whoever solicits a contribution in violation of	69415
section 3517.092 or violates division (B) of section 3517.09 of	69416
the Revised Code is guilty of a misdemeanor of the first degree.	69417

(2) Whoever knowingly accepts a contribution in violation of	69418
division (B) or (C) of section 3517.092 of the Revised Code shall	69419
be fined an amount equal to three times the amount accepted in	69420
violation of either of those divisions and shall return to the	69421
contributor any amount so accepted. Whoever unknowingly accepts a	69422
contribution in violation of division (B) or (C) of section	69423
3517.092 of the Revised Code shall return to the contributor any	69424
amount so accepted.	69425

(N) Whoever violates division (S) of section 3517.13 of the	69426
Revised Code shall be fined an amount equal to three times the	69427
amount of funds transferred or three times the value of the assets	69428
transferred in violation of that division.	69429

(O) Any campaign committee that accepts a contribution or	69430
contributions in violation of section 3517.108 of the Revised	69431
Code, uses a contribution in violation of that section, or fails	69432
to dispose of excess contributions in violation of that section	69433
shall be fined an amount equal to three times the amount accepted,	69434
used, or kept in violation of that section.	69435

(P) Any political party, state candidate fund, legislative	69436
candidate fund, or campaign committee that violates division (T)	69437
of section 3517.13 of the Revised Code shall be fined an amount	69438
equal to three times the amount contributed or accepted in	69439
violation of that section.	69440

(Q) A treasurer of a committee or another person who violates	69441
division (U) of section 3517.13 of the Revised Code shall be fined	69442
not more than two hundred fifty dollars.	69443

(R) Whoever violates division (I) or (J) of section 3517.13	69444
of the Revised Code shall be fined not more than one thousand	69445
dollars. Whenever a person is found guilty of violating division	69446
(I) or (J) of section 3517.13 of the Revised Code, the contract	69447
awarded in violation of either of those divisions shall be	69448
rescinded if its terms have not yet been performed.	69449

(S) A candidate whose campaign committee violates or a	69450
treasurer of a campaign committee who violates section 3517.081 of	69451
the Revised Code, and a candidate whose campaign committee	69452
violates or a treasurer of a campaign committee or another person	69453
who violates division (C) of section 3517.10 of the Revised Code,	69454
shall be fined not more than five hundred dollars.	69455

(T) A candidate whose campaign committee violates or a	69456
treasurer of a committee who violates division (B) of section	69457
3517.09 of the Revised Code, or a candidate whose campaign	69458
committee violates or a treasurer of a campaign committee or	69459
another person who violates division (C) of section 3517.09 of the	69460
Revised Code shall be fined not more than one thousand dollars.	69461

(U) Whoever violates section 3517.20 of the Revised Code	69462
shall be fined not more than five hundred dollars.	69463

(V) Whoever violates section 3517.21 or 3517.22 of the	69464
Revised Code shall be imprisoned for not more than six months or	69465
fined not more than five thousand dollars, or both.	69466

(W) A campaign committee that is required to file a	69467
declaration of no limits under division (D)(2) of section 3517.103	69468
of the Revised Code that, before filing that declaration, accepts	69469
a contribution or contributions that exceed the limitations	69470
prescribed in section 3517.102 of the Revised Code, shall return	69471
that contribution or those contributions to the contributor.	69472

(X) Any campaign committee that fails to file the declaration	69473
of filing-day finances required by division (F) of section	69474
3517.109 ~~or the declaration of primary-day finances or declaration~~	69475
~~of year-end finances required by division (E) of section 3517.1010~~	69476
of the Revised Code shall be fined twenty-five dollars for each	69477
day of violation.	69478

(Y)(1) Any campaign committee that fails to dispose of excess	69479
funds or excess aggregate contributions under division (B) of	69480
section 3517.109 of the Revised Code in the manner required by	69481
division (C) of that section ~~or under division (B) of section~~	69482
~~3517.1010 of the Revised Code in the manner required by division~~	69483
~~(C) of that section~~ shall give to the treasurer of state for	69484
deposit into the Ohio elections commission fund created under	69485
division (I) of section 3517.152 of the Revised Code all funds not	69486
disposed of pursuant to ~~those divisions~~that division.	69487

(2) Any treasurer of a transition fund that fails to dispose	69488
of assets remaining in the transition fund as required under	69489
division (H)(1) or (2) of section 3517.1014 of the Revised Code	69490
shall give to the treasurer of state for deposit into the Ohio	69491
elections commission fund all assets not disposed of pursuant to	69492
that division.	69493

(Z) Any individual, campaign committee, political action	69494
committee, political contributing entity, legislative campaign	69495
fund, political party, treasurer of a transition fund, or other	69496
entity that violates any provision of sections 3517.09 to 3517.12	69497
of the Revised Code for which no penalty is provided for under any	69498
other division of this section shall be fined not more than one	69499
thousand dollars.	69500

(AA)(1) Whoever knowingly violates division (W)(1) of section	69501
3517.13 of the Revised Code shall be fined an amount equal to	69502
three times the amount contributed, expended, or promised in	69503
violation of that division or ten thousand dollars, whichever	69504
amount is greater.	69505

(2) Whoever knowingly violates division (W)(2) of section	69506
3517.13 of the Revised Code shall be fined an amount equal to	69507
three times the amount solicited or accepted in violation of that	69508
division or ten thousand dollars, whichever amount is greater.	69509

(BB) Whoever knowingly violates division (C) or (D) of	69510
section 3517.1011 of the Revised Code shall be fined not more than	69511
ten thousand dollars plus not more than one thousand dollars for	69512
each day of violation.	69513

(CC)(1) Subject to division (CC)(2) of this section, whoever	69514
violates division (H) of section 3517.1011 of the Revised Code	69515
shall be fined an amount up to three times the amount disbursed	69516
for the direct costs of airing the communication made in violation	69517
of that division.	69518

(2) Whoever has been ordered by the Ohio elections commission	69519
or by a court of competent jurisdiction to cease making	69520
communications in violation of division (H) of section 3517.1011	69521
of the Revised Code who again violates that division shall be	69522
fined an amount equal to three times the amount disbursed for the	69523
direct costs of airing the communication made in violation of that	69524
division.	69525

(DD)(1) Any corporation or labor organization that violates	69526
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	69527
fined an amount equal to three times the amount given in excess of	69528
the amount permitted by that division.	69529

(2) Any state or county political party that violates	69530
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	69531
fined an amount equal to three times the amount accepted in excess	69532
of the amount permitted by that division.	69533

(EE)(1) Any campaign committee or person who violates	69534
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	69535
shall be fined an amount equal to three times the amount donated	69536
in excess of the amount permitted by that division.	69537

(2) Any officeholder or treasurer of a transition fund who	69538
violates division (C)(3)(a) or (b) of section 3517.1014 of the	69539
Revised Code shall be fined an amount equal to three times the	69540
amount accepted in excess of the amount permitted by that	69541
division.	69542

Sec. 3599.03. (A)(1) Except to carry on activities specified	69543
in sections 3517.082, 3517.101, and 3517.1011, division (A)(2) of	69544
section 3517.1012, division (B) of section 3517.1013, division	69545
(C)(1) of section 3517.1014, and section 3599.031 of the Revised	69546
Code and except as provided in divisions (D), (E), and (F) of this	69547
section, no corporation, no nonprofit corporation, and no labor	69548
organization, directly or indirectly, shall pay or use, or offer,	69549
advise, consent, or agree to pay or use, the corporation's money	69550
or property, or the labor organization's money, including dues,	69551
initiation fees, or other assessments paid by members, or	69552
property, for or in aid of or opposition to a political party, a	69553
candidate for election or nomination to public office, a political	69554
action committee including a political action committee of the	69555
corporation or labor organization, a legislative campaign fund, or	69556
any organization that supports or opposes any such candidate, or	69557
for any partisan political purpose, shall violate any law	69558
requiring the filing of an affidavit or statement respecting such	69559
use of those funds, or shall pay or use the corporation's or labor	69560
organization's money for the expenses of a social fund-raising	69561
event for its political action committee if an employee's or labor	69562
organization member's right to attend such an event is predicated	69563
on the employee's or member's contribution to the corporation's or	69564
labor organization's political action committee.	69565

(2) Whoever violates division (A)(1) of this section shall be	69566
fined not less than five hundred nor more than five thousand	69567
dollars.	69568

(B)(1) No officer, stockholder, attorney, or agent of a	69569
corporation or nonprofit corporation, no member, including an	69570
officer, attorney, or agent, of a labor organization, and no	69571
candidate, political party official, or other individual shall	69572
knowingly aid, advise, solicit, or receive money or other property	69573
in violation of division (A)(1) of this section.	69574

(2) Whoever violates division (B)(1) of this section shall be	69575
fined not more than one thousand dollars, or imprisoned not more	69576
than one year, or both.	69577

(C) A corporation, a nonprofit corporation, or a labor	69578
organization may use its funds or property for or in aid of or	69579
opposition to a proposed or certified ballot issue. Such use of	69580
funds or property shall be reported on a form prescribed by the	69581
secretary of state. Reports of contributions in connection with	69582
statewide ballot issues shall be filed with the secretary of	69583
state. Reports of contributions in connection with local issues	69584
shall be filed with the board of elections of the most populous	69585
county of the district in which the issue is submitted or to be	69586
submitted to the electors. Reports made pursuant to this division	69587
shall be filed by the times specified in divisions (A)(1) and (2)	69588
of section 3517.10 of the Revised Code.	69589

(D)(1) Any gift made pursuant to section 3517.101 of the	69590
Revised Code does not constitute a violation of this section or of	69591
any other section of the Revised Code.	69592

(2) Any gift made pursuant to division (A)(2) of section	69593
3517.1012 of the Revised Code does not constitute a violation of	69594
this section.	69595

(3) Any gift made pursuant to division (B) of section	69596
3517.1013 of the Revised Code does not constitute a violation of	69597
this section.	69598

(4) Any donation made pursuant to division (C)(1) of section	69599
3517.1014 of the Revised Code does not constitute a violation of	69600
this section.	69601

(E) Any compensation or fees paid by a financial institution	69602
to a state political party for services rendered pursuant to	69603
division (B) of section 3517.19 of the Revised Code do not	69604
constitute a violation of this section or of any other section of	69605
the Revised Code.	69606

(F)(1) The use by a nonprofit corporation of its money or	69607
property for communicating information for a purpose specified in	69608
division (A) of this section is not a violation of that division	69609
if the stockholders, members, donors, trustees, or officers of the	69610
nonprofit corporation are the predominant recipients of the	69611
communication.	69612

(2) The placement of a campaign sign on the property of a	69613
corporation, nonprofit corporation, or labor organization is not a	69614
use of property in violation of division (A) of this section by	69615
that corporation, nonprofit corporation, or labor organization.	69616

(3) The use by a corporation or labor organization of its	69617
money or property for communicating information for a purpose	69618
specified in division (A) of this section is not a violation of	69619
that division if it is not a communication made by mass broadcast	69620
such as radio or television or made by advertising in a newspaper	69621
of general circulation but is a communication sent exclusively to	69622
members, employees, officers, or trustees of that labor	69623
organization or shareholders, employees, officers, or directors of	69624
that corporation or to members of the immediate families of any	69625
such individuals or if the communication intended to be so sent	69626
exclusively is unintentionally sent as well to a de minimis number	69627
of other individuals.	69628

(G) In addition to the laws listed in division (A) of section	69629
4117.10 of the Revised Code that prevail over conflicting	69630
agreements between employee organizations and public employers,	69631
this section prevails over any conflicting provisions of	69632
agreements between labor organizations and public employers that	69633
are entered into on or after March 31, 2005, pursuant to Chapter	69634
4117. of the Revised Code.	69635

(H) As used in this section, "labor organization" has the	69636
same meaning as in section 3517.01 of the Revised Code.	69637

Sec. 3599.45. (A) As used in this section:

69638

"Candidate," "campaign committee," and "contribution" have	69639
the same meanings as in section 3517.01 of the Revised Code.	69640

"Medicaid provider" has the same meaning as in section	69641
5164.01 of the Revised Code.	69642

(B) No candidate for the office of attorney general or county	69643
prosecutor or such a candidate's campaign committee shall	69644
knowingly accept any contribution from a medicaid provider of	69645
~~services or goods under contract with the department of job and~~	69646
~~family services pursuant to the medicaid program of Title XIX of~~	69647
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	69648
~~amended,~~ or from any person having an ownership interest in the	69649
medicaid provider.	69650

~~As used in this section "candidate," "campaign committee,"~~	69651
~~and "contribution" have the same meaning as in section 3517.01 of~~	69652
~~the Revised Code.~~	69653

~~(B)~~(C) Whoever violates this section is guilty of a	69654
misdemeanor of the first degree.	69655

Sec. 3701.023. (A) The department of health shall review	69656
applications for eligibility for the program for medically	69657
handicapped children that are submitted to the department by city	69658
and general health districts and physician providers approved in	69659
accordance with division (C) of this section. The department shall	69660
determine whether the applicants meet the medical and financial	69661
eligibility requirements established by the director of health	69662
pursuant to division (A)(1) of section 3701.021 of the Revised	69663
Code, and by the department in the manual of operational	69664
procedures and guidelines for the program for medically	69665
handicapped children developed pursuant to division (B) of that	69666
section. Referrals of potentially eligible children for the	69667
program may be submitted to the department on behalf of the child	69668
by parents, guardians, public health nurses, or any other	69669
interested person. The department of health may designate other	69670
agencies to refer applicants to the department of health.	69671

(B) In accordance with the procedures established in rules	69672
adopted under division (A)(4) of section 3701.021 of the Revised	69673
Code, the department of health shall authorize a provider or	69674
providers to provide to any Ohio resident under twenty-one years	69675
of age, without charge to the resident or the resident's family	69676
and without restriction as to the economic status of the resident	69677
or the resident's family, diagnostic services necessary to	69678
determine whether the resident has a medically handicapping or	69679
potentially medically handicapping condition.	69680

(C) The department of health shall review the applications of	69681
health professionals, hospitals, medical equipment suppliers, and	69682
other individuals, groups, or agencies that apply to become	69683
providers. The department shall enter into a written agreement	69684
with each applicant who is determined, pursuant to the	69685
requirements set forth in rules adopted under division (A)(2) of	69686
section 3701.021 of the Revised Code, to be eligible to be a	69687
provider in accordance with the provider agreement required by the	69688
~~medical assistance~~medicaid program ~~established under section~~	69689
~~5111.01 of the Revised Code~~. No provider shall charge a medically	69690
handicapped child or the child's parent or guardian for services	69691
authorized by the department under division (B) or (D) of this	69692
section.	69693

The department, in accordance with rules adopted under	69694
division (A)(3) of section 3701.021 of the Revised Code, may	69695
disqualify any provider from further participation in the program	69696
for violating any requirement set forth in rules adopted under	69697
division (A)(2) of that section. The disqualification shall not	69698
take effect until a written notice, specifying the requirement	69699
violated and describing the nature of the violation, has been	69700
delivered to the provider and the department has afforded the	69701
provider an opportunity to appeal the disqualification under	69702
division (H) of this section.	69703

(D) The department of health shall evaluate applications from	69704
city and general health districts and approved physician providers	69705
for authorization to provide treatment services, service	69706
coordination, and related goods to children determined to be	69707
eligible for the program for medically handicapped children	69708
pursuant to division (A) of this section. The department shall	69709
authorize necessary treatment services, service coordination, and	69710
related goods for each eligible child in accordance with an	69711
individual plan of treatment for the child. As an alternative, the	69712
department may authorize payment of health insurance premiums on	69713
behalf of eligible children when the department determines, in	69714
accordance with criteria set forth in rules adopted under division	69715
(A)(9) of section 3701.021 of the Revised Code, that payment of	69716
the premiums is cost-effective.	69717

(E) The department of health shall pay, from appropriations	69718
to the department, any necessary expenses, including but not	69719
limited to, expenses for diagnosis, treatment, service	69720
coordination, supportive services, transportation, and accessories	69721
and their upkeep, provided to medically handicapped children,	69722
provided that the provision of the goods or services is authorized	69723
by the department under division (B) or (D) of this section. Money	69724
appropriated to the department of health may also be expended for	69725
reasonable administrative costs incurred by the program. The	69726
department of health also may purchase liability insurance	69727
covering the provision of services under the program for medically	69728
handicapped children by physicians and other health care	69729
professionals.	69730

Payments made to providers by the department of health	69731
pursuant to this division for inpatient hospital care, outpatient	69732
care, and all other medical assistance furnished to eligible	69733
recipients shall be made in accordance with rules adopted by the	69734
director of health pursuant to division (A) of section 3701.021 of	69735
the Revised Code.	69736

The departments of health and ~~job and family services~~	69737
medicaid shall jointly implement procedures to ensure that	69738
duplicate payments are not made under the program for medically	69739
handicapped children and the ~~medical assistance~~medicaid program	69740
~~established under section 5111.01 of the Revised Code~~ and to	69741
identify and recover duplicate payments.	69742

(F) At the time of applying for participation in the program	69743
for medically handicapped children, a medically handicapped child	69744
or the child's parent or guardian shall disclose the identity of	69745
any third party against whom the child or the child's parent or	69746
guardian has or may have a right of recovery for goods and	69747
services provided under division (B) or (D) of this section. The	69748
department of health shall require a medically handicapped child	69749
who receives services from the program or the child's parent or	69750
guardian to apply for all third-party benefits for which the child	69751
may be eligible and require the child, parent, or guardian to	69752
apply all third-party benefits received to the amount determined	69753
under division (E) of this section as the amount payable for goods	69754
and services authorized under division (B) or (D) of this section.	69755
The department is the payer of last resort and shall pay for	69756
authorized goods or services, up to the amount determined under	69757
division (E) of this section for the authorized goods or services,	69758
only to the extent that payment for the authorized goods or	69759
services is not made through third-party benefits. When a third	69760
party fails to act on an application or claim for benefits by a	69761
medically handicapped child or the child's parent or guardian, the	69762
department shall pay for the goods or services only after ninety	69763
days have elapsed since the date the child, parents, or guardians	69764
made an application or claim for all third-party benefits.	69765
Third-party benefits received shall be applied to the amount	69766
determined under division (E) of this section. Third-party	69767
payments for goods and services not authorized under division (B)	69768
or (D) of this section shall not be applied to payment amounts	69769
determined under division (E) of this section. Payment made by the	69770
department shall be considered payment in full of the amount	69771
determined under division (E) of this section. Medicaid payments	69772
for persons eligible for the ~~medical assistance~~medicaid program	69773
~~established under section 5111.01 of the Revised Code~~ shall be	69774
considered payment in full of the amount determined under division	69775
(E) of this section.	69776

(G) The department of health shall administer a program to	69777
provide services to Ohio residents who are twenty-one or more	69778
years of age who have cystic fibrosis and who meet the eligibility	69779
requirements established in rules adopted by the director of	69780
health pursuant to division (A)(7) of section 3701.021 of the	69781
Revised Code, subject to all provisions of this section, but not	69782
subject to section 3701.024 of the Revised Code.	69783

(H) The department of health shall provide for appeals, in	69784
accordance with rules adopted under section 3701.021 of the	69785
Revised Code, of denials of applications for the program for	69786
medically handicapped children under division (A) or (D) of this	69787
section, disqualification of providers, or amounts paid under	69788
division (E) of this section. Appeals under this division are not	69789
subject to Chapter 119. of the Revised Code.	69790

The department may designate ombudspersons to assist	69791
medically handicapped children or their parents or guardians, upon	69792
the request of the children, parents, or guardians, in filing	69793
appeals under this division and to serve as children's, parents',	69794
or guardians' advocates in matters pertaining to the	69795
administration of the program for medically handicapped children	69796
and eligibility for program services. The ombudspersons shall	69797
receive no compensation but shall be reimbursed by the department,	69798
in accordance with rules of the office of budget and management,	69799
for their actual and necessary travel expenses incurred in the	69800
performance of their duties.	69801

(I) The department of health, and city and general health	69802
districts providing service coordination pursuant to division	69803
(A)(2) of section 3701.024 of the Revised Code, shall provide	69804
service coordination in accordance with the standards set forth in	69805
the rules adopted under section 3701.021 of the Revised Code,	69806
without charge, and without restriction as to economic status.	69807

(J)(1) The department of health may establish a manufacturer	69808
discount program under which a manufacturer of a drug or	69809
nutritional formula is permitted to enter into an agreement with	69810
the department to provide a discount on the price of the drug or	69811
nutritional formula distributed to medically handicapped children	69812
participating in the program for medically handicapped children.	69813
The program shall be administered in accordance with rules adopted	69814
under section 3701.021 of the Revised Code.	69815

(2) If a manufacturer enters into an agreement with the	69816
department as described in division (J)(1) of this section, the	69817
manufacturer and the department may negotiate the amount and terms	69818
of the discount.	69819

(3) In lieu of establishing a discount program as described	69820
in division (J)(1) of this section, the department and a	69821
manufacturer of a drug or nutritional formula may discuss a	69822
donation of drugs, nutritional formulas, or money by the	69823
manufacturer to the department.	69824

Sec. 3701.024. (A)(1) Under a procedure established in rules	69825
adopted under section 3701.021 of the Revised Code, the department	69826
of health shall determine the amount each county shall provide	69827
annually for the program for medically handicapped children, based	69828
on a proportion of the county's total general property tax	69829
duplicate, not to exceed one-tenth of a mill, and charge the	69830
county for any part of expenses incurred under the program for	69831
treatment services on behalf of medically handicapped children	69832
having legal settlement in the county that is not paid from	69833
federal funds or through the ~~medical assistance~~medicaid program	69834
~~established under section 5111.01 of the Revised Code~~. The	69835
department shall not charge the county for expenses exceeding the	69836
difference between the amount determined under division (A)(1) of	69837
this section and any amounts retained under divisions (A)(2) and	69838
(3) of this section.	69839

All amounts collected by the department under division (A)(1)	69840
of this section shall be deposited into the state treasury to the	69841
credit of the medically handicapped children-county assessment	69842
fund, which is hereby created. The fund shall be used by the	69843
department to comply with sections 3701.021 to 3701.028 of the	69844
Revised Code.	69845

(2) The department, in accordance with rules adopted under	69846
section 3701.021 of the Revised Code, may allow each county to	69847
retain up to ten per cent of the amount determined under division	69848
(A)(1) of this section to provide funds to city or general health	69849
districts of the county with which the districts shall provide	69850
service coordination, public health nursing, or transportation	69851
services for medically handicapped children.	69852

(3) In addition to any amount retained under division (A)(2)	69853
of this section, the department, in accordance with rules adopted	69854
under section 3701.021 of the Revised Code, may allow counties	69855
that it determines have significant numbers of potentially	69856
eligible medically handicapped children to retain an amount equal	69857
to the difference between:	69858

(a) Twenty-five per cent of the amount determined under	69859
division (A)(1) of this section;	69860

(b) Any amount retained under division (A)(2) of this	69861
section.	69862

Counties shall use amounts retained under division (A)(3) of	69863
this section to provide funds to city or general health districts	69864
of the county with which the districts shall conduct outreach	69865
activities to increase participation in the program for medically	69866
handicapped children.	69867

(4) Prior to any increase in the millage charged to a county,	69868
the director of health shall hold a public hearing on the proposed	69869
increase and shall give notice of the hearing to each board of	69870
county commissioners that would be affected by the increase at	69871
least thirty days prior to the date set for the hearing. Any	69872
county commissioner may appear and give testimony at the hearing.	69873
Any increase in the millage any county is required to provide for	69874
the program for medically handicapped children shall be	69875
determined, and notice of the amount of the increase shall be	69876
provided to each affected board of county commissioners, no later	69877
than the first day of June of the fiscal year next preceding the	69878
fiscal year in which the increase will take effect.	69879

(B) Each board of county commissioners shall establish a	69880
medically handicapped children's fund and shall appropriate	69881
thereto an amount, determined in accordance with division (A)(1)	69882
of this section, for the county's share in providing medical,	69883
surgical, and other aid to medically handicapped children residing	69884
in such county and for the purposes specified in divisions (A)(2)	69885
and (3) of this section. Each county shall use money retained	69886
under divisions (A)(2) and (3) of this section only for the	69887
purposes specified in those divisions.	69888

Sec. 3701.027. The department of health shall administer	69889
funds received from the "Maternal and Child Health Block Grant,"	69890
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	69891
U.S.C.A. 701, as amended, for programs including the program for	69892
medically handicapped children, and to provide technical	69893
assistance and consultation to city and general health districts	69894
and local health planning organizations in implementing local,	69895
community-based, family-centered, coordinated systems of care for	69896
medically handicapped children. The department may make grants to	69897
persons and other entities for the provision of services with the	69898
funds. In addition, the department may use the funds to purchase	69899
liability insurance covering the provision of services under the	69900
programs by physicians and other health care professionals, and to	69901
pay health insurance premiums on behalf of medically handicapped	69902
children participating in the program for medically handicapped	69903
children when the department determines, in accordance with	69904
criteria set forth in rules adopted under division (A)(9) of	69905
section 3701.021 of the Revised Code, that payment of the premiums	69906
is cost effective.	69907

In determining eligibility for services provided with funds	69908
received from the "Maternal and Child Health Block Grant," the	69909
department may use the application form established under section	69910
~~5111.013~~5163.40 of the Revised Code. The department may require	69911
applicants to furnish their social security numbers. Funds from	69912
the "Maternal and Child Health Block Grant" that are administered	69913
for the purpose of providing family planning services shall be	69914
distributed in accordance with section 3701.033 of the Revised	69915
Code.	69916

Sec. 3701.033. (A) This section establishes the order of	69917
priority to be followed by the department of health when	69918
distributing funds for the purpose of providing family planning	69919
services, including funds the department receives through the	69920
"Maternal and Child Health Block Grant," Title V of the "Social	69921
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	69922
funds the department receives through Title X of the "Public	69923
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	69924
amended. This section does not apply to grants awarded by the	69925
department under section 3701.046 of the Revised Code.	69926

(B) With respect to each period during which funds from a	69927
particular source are distributed for the purpose of providing	69928
family planning services, the department is subject to both of the	69929
following when distributing the funds to applicants seeking those	69930
funds:	69931

(1) Foremost priority shall be given to public entities that	69932
are operated by state or local government entities and that	69933
provide or are able to provide family planning services.	69934

(2) If any funds remain after the department distributes	69935
funds to public entities under division (B)(1) of this section,	69936
the department may distribute funds to nonpublic entities. If	69937
funds are distributed to nonpublic entities, the department shall	69938
distribute the funds in the following order of descending	69939
priority:	69940

(a) Nonpublic entities that are federally qualified health	69941
centers or federally qualified health center look-alikes, both as	69942
defined in section 3701.047 of the Revised Code, or community	69943
action agencies, as defined in section 122.66 of the Revised Code;	69944

(b) Nonpublic entities that provide comprehensive primary and	69945
preventive care services in addition to family planning services;	69946

(c) Nonpublic entities that provide family planning services,	69947
but do not provide comprehensive primary and preventive care	69948
services.	69949

Sec. 3701.13. The department of health shall have	69950
supervision of all matters relating to the preservation of the	69951
life and health of the people and have ultimate authority in	69952
matters of quarantine and isolation, which it may declare and	69953
enforce, when neither exists, and modify, relax, or abolish, when	69954
either has been established. The department may approve methods of	69955
immunization against the diseases specified in section 3313.671 of	69956
the Revised Code for the purpose of carrying out the provisions of	69957
that section and take such actions as are necessary to encourage	69958
vaccination against those diseases.	69959

The department may make special or standing orders or rules	69960
for preventing the use of fluoroscopes for nonmedical purposes	69961
~~which~~that emit doses of radiation likely to be harmful to any	69962
person, for preventing the spread of contagious or infectious	69963
diseases, for governing the receipt and conveyance of remains of	69964
deceased persons, and for such other sanitary matters as are best	69965
controlled by a general rule. Whenever possible, the department	69966
shall work in cooperation with the health commissioner of a	69967
general or city health district. ItThe department may make and	69968
enforce orders in local matters or reassign substantive authority	69969
for mandatory programs from a general or city health district to	69970
another general or city health district when an emergency exists,	69971
or when the board of health of a general or city health district	69972
has neglected or refused to act with sufficient promptness or	69973
efficiency, or when such board has not been established as	69974
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	69975
3709.12, and 3709.14 of the Revised Code. In such cases, the	69976
necessary expense incurred shall be paid by the general health	69977
district or city for which the services are rendered.	69978

The department of health may require general or city health	69979
districts to enter into agreements for shared services under	69980
section 9.482 of the Revised Code. The department shall prepare	69981
and offer to boards of health a model contract and memorandum of	69982
understanding that are easily adaptable for use by boards of	69983
health when entering into shared services agreements. The	69984
department also may offer financial and other technical assistance	69985
to boards of health to encourage the sharing of services.	69986

As a condition precedent to receiving funding from the	69987
department of health, the director of health may require general	69988
or city health districts to apply for accreditation by July 1,	69989
2018, and be accredited by July 1, 2020, by an accreditation body	69990
approved by the director. The director of health, by July 1, 2016,	69991
shall conduct an evaluation of general and city health district	69992
preparation for accreditation, including an evaluation of each	69993
district's reported public health quality indicators as provided	69994
for in section 3701.98 of the Revised Code.	69995

The department may make evaluative studies of the nutritional	69996
status of Ohio residents, and of the food and nutrition-related	69997
programs operating within the state. Every agency of the state, at	69998
the request of the department, shall provide information and	69999
otherwise assist in the execution of such studies.	70000

Sec. 3701.132. The department of health is hereby designated	70001
as the state agency to administer the "special supplemental	70002
nutrition program for women, infants, and children" established	70003
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	70004
1786, as amended. The director of health may adopt rules pursuant	70005
to Chapter 119. of the Revised Code as necessary for administering	70006
the program. The rules may include civil money penalties for	70007
violations of the rules.	70008

In determining eligibility for services provided under the	70009
program, the department may use the application form established	70010
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	70011
start program. The department may require applicants to furnish	70012
their social security numbers.	70013

The department shall review and process an application for a	70014
new contract to act as a vendor under the program not later than	70015
forty-five days after the date it is received if on that date the	70016
applicant has a contract with the department to act as a vendor	70017
under the program.	70018

If the department determines that a vendor has committed an	70019
act with respect to the program that federal statutes or	70020
regulations or state statutes or rules prohibit, the department	70021
shall take action against the vendor in the manner required by 7	70022
C.F.R. part 246, including imposition of a civil money penalty in	70023
accordance with 7 C.F.R. 246.12, or rules adopted under this	70024
section.	70025

Sec. 3701.138. (A) The director of health may determine that	70026
a dental assistant certified by the dental assisting national	70027
board or the Ohio commission on dental assistant certification may	70028
do either or both of the following without a dentist being	70029
physically present or a dentist examining a patient prior to the	70030
service:	70031

(1) Apply pit and fissure sealants through a program operated	70032
by a school district board of education or the governing board of	70033
an educational service center;	70034

(2) If the director establishes a school-based fluoride mouth	70035
rinse program under section 3701.136 of the Revised Code,	70036
administer fluoride mouth rinse to a student who receives services	70037
from the program.	70038

(B) The director may determine that an expanded function	70039
dental auxiliary registered under Chapter 4715. of the Revised	70040
Code may do either or both of the following without a dentist	70041
being physically present or a dentist examining a patient prior to	70042
the service:	70043

(1) Apply pit and fissure sealants through a program operated	70044
by a school district board of education or the governing board of	70045
an educational service center;	70046

(2) If the director establishes a school-based fluoride mouth	70047
rinse program under section 3701.136 of the Revised Code,	70048
administer fluoride mouth rinse to a student who receives services	70049
from the program.	70050

Sec. 3701.243. (A) Except as provided in this section or	70051
section 3701.248 of the Revised Code, no person or agency of state	70052
or local government that acquires the information while providing	70053
any health care service or while in the employ of a health care	70054
facility or health care provider shall disclose or compel another	70055
to disclose any of the following:	70056

(1) The identity of any individual on whom an HIV test is	70057
performed;	70058

(2) The results of an HIV test in a form that identifies the	70059
individual tested;	70060

(3) The identity of any individual diagnosed as having AIDS	70061
or an AIDS-related condition.	70062

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	70063
(F) of this section, the results of an HIV test or the identity of	70064
an individual on whom an HIV test is performed or who is diagnosed	70065
as having AIDS or an AIDS-related condition may be disclosed only	70066
to the following:	70067

(a) The individual who was tested or the individual's legal	70068
guardian, and the individual's spouse or any sexual partner;	70069

(b) A person to whom disclosure is authorized by a written	70070
release, executed by the individual tested or by the individual's	70071
legal guardian and specifying to whom disclosure of the test	70072
results or diagnosis is authorized and the time period during	70073
which the release is to be effective;	70074

70075

(d) The department of health or a health commissioner to	70076
which reports are made under section 3701.24 of the Revised Code;	70077

(e) A health care facility or provider that procures,	70078
processes, distributes, or uses a human body part from a deceased	70079
individual, donated for a purpose specified in Chapter 2108. of	70080
the Revised Code, and that needs medical information about the	70081
deceased individual to ensure that the body part is medically	70082
acceptable for its intended purpose;	70083

(f) Health care facility staff committees or accreditation or	70084
oversight review organizations conducting program monitoring,	70085
program evaluation, or service reviews;	70086

(g) A health care provider, emergency medical services	70087
worker, or peace officer who sustained a significant exposure to	70088
the body fluids of another individual, if that individual was	70089
tested pursuant to division (E)(6) of section 3701.242 of the	70090
Revised Code, except that the identity of the individual tested	70091
shall not be revealed;	70092

(h) To law enforcement authorities pursuant to a search	70093
warrant or a subpoena issued by or at the request of a grand jury,	70094
a prosecuting attorney, a city director of law or similar chief	70095
legal officer of a municipal corporation, or a village solicitor,	70096
in connection with a criminal investigation or prosecution.	70097

(2) The results of an HIV test or a diagnosis of AIDS or an	70098
AIDS-related condition may be disclosed to a health care provider,	70099
or an authorized agent or employee of a health care facility or a	70100
health care provider, if the provider, agent, or employee has a	70101
medical need to know the information and is participating in the	70102
diagnosis, care, or treatment of the individual on whom the test	70103
was performed or who has been diagnosed as having AIDS or an	70104
AIDS-related condition.	70105

This division does not impose a standard of disclosure	70106
different from the standard for disclosure of all other specific	70107
information about a patient to health care providers and	70108
facilities. Disclosure may not be requested or made solely for the	70109
purpose of identifying an individual who has a positive HIV test	70110
result or has been diagnosed as having AIDS or an AIDS-related	70111
condition in order to refuse to treat the individual. Referral of	70112
an individual to another health care provider or facility based on	70113
reasonable professional judgment does not constitute refusal to	70114
treat the individual.	70115

(3) Not later than ninety days after November 1, 1989, each	70116
health care facility in this state shall establish a protocol to	70117
be followed by employees and individuals affiliated with the	70118
facility in making disclosures authorized by division (B)(2) of	70119
this section. A person employed by or affiliated with a health	70120
care facility who determines in accordance with the protocol	70121
established by the facility that a disclosure is authorized by	70122
division (B)(2) of this section is immune from liability to any	70123
person in a civil action for damages for injury, death, or loss to	70124
person or property resulting from the disclosure.	70125

(C)(1) Any person or government agency may seek access to or	70126
authority to disclose the HIV test records of an individual in	70127
accordance with the following provisions:	70128

(a) The person or government agency shall bring an action in	70129
a court of common pleas requesting disclosure of or authority to	70130
disclose the results of an HIV test of a specific individual, who	70131
shall be identified in the complaint by a pseudonym but whose name	70132
shall be communicated to the court confidentially, pursuant to a	70133
court order restricting the use of the name. The court shall	70134
provide the individual with notice and an opportunity to	70135
participate in the proceedings if the individual is not named as a	70136
party. Proceedings shall be conducted in chambers unless the	70137
individual agrees to a hearing in open court.	70138

(b) The court may issue an order granting the plaintiff	70139
access to or authority to disclose the test results only if the	70140
court finds by clear and convincing evidence that the plaintiff	70141
has demonstrated a compelling need for disclosure of the	70142
information that cannot be accommodated by other means. In	70143
assessing compelling need, the court shall weigh the need for	70144
disclosure against the privacy right of the individual tested and	70145
against any disservice to the public interest that might result	70146
from the disclosure, such as discrimination against the individual	70147
or the deterrence of others from being tested.	70148

(c) If the court issues an order, it shall guard against	70149
unauthorized disclosure by specifying the persons who may have	70150
access to the information, the purposes for which the information	70151
shall be used, and prohibitions against future disclosure.	70152

(2) A person or government agency that considers it necessary	70153
to disclose the results of an HIV test of a specific individual in	70154
an action in which it is a party may seek authority for the	70155
disclosure by filing an in camera motion with the court in which	70156
the action is being heard. In hearing the motion, the court shall	70157
employ procedures for confidentiality similar to those specified	70158
in division (C)(1) of this section. The court shall grant the	70159
motion only if it finds by clear and convincing evidence that a	70160
compelling need for the disclosure has been demonstrated.	70161

(3) Except for an order issued in a criminal prosecution or	70162
an order under division (C)(1) or (2) of this section granting	70163
disclosure of the result of an HIV test of a specific individual,	70164
a court shall not compel a blood bank, hospital blood center, or	70165
blood collection facility to disclose the result of HIV tests	70166
performed on the blood of voluntary donors in a way that reveals	70167
the identity of any donor.	70168

(4) In a civil action in which the plaintiff seeks to recover	70169
damages from an individual defendant based on an allegation that	70170
the plaintiff contracted the HIV virus as a result of actions of	70171
the defendant, the prohibitions against disclosure in this section	70172
do not bar discovery of the results of any HIV test given to the	70173
defendant or any diagnosis that the defendant suffers from AIDS or	70174
an AIDS-related condition.	70175

(D) The results of an HIV test or the identity of an	70176
individual on whom an HIV test is performed or who is diagnosed as	70177
having AIDS or an AIDS-related condition may be disclosed to a	70178
federal, state, or local government agency, or the official	70179
representative of such an agency, for purposes of the ~~medical~~	70180
~~assistance~~medicaid program ~~established under section 5111.01 of~~	70181
~~the Revised Code~~, the medicare program ~~established under Title~~	70182
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	70183
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	70184

(E) Any disclosure pursuant to this section shall be in	70185
writing and accompanied by a written statement that includes the	70186
following or substantially similar language: "This information has	70187
been disclosed to you from confidential records protected from	70188
disclosure by state law. You shall make no further disclosure of	70189
this information without the specific, written, and informed	70190
release of the individual to whom it pertains, or as otherwise	70191
permitted by state law. A general authorization for the release of	70192
medical or other information is not sufficient for the purpose of	70193
the release of HIV test results or diagnoses."	70194

(F) An individual who knows that the individual has received	70195
a positive result on an HIV test or has been diagnosed as having	70196
AIDS or an AIDS-related condition shall disclose this information	70197
to any other person with whom the individual intends to make	70198
common use of a hypodermic needle or engage in sexual conduct as	70199
defined in section 2907.01 of the Revised Code. An individual's	70200
compliance with this division does not prohibit a prosecution of	70201
the individual for a violation of division (B) of section 2903.11	70202
of the Revised Code.	70203

(G) Nothing in this section prohibits the introduction of	70204
evidence concerning an HIV test of a specific individual in a	70205
criminal proceeding.	70206

Sec. 3701.261. (A) As used in this section, "state	70207
university" has the same meaning as in section 3345.011 of the	70208
Revised Code.	70209

(B) The director of health shall:

70210

(1) Establish a population-based cancer registry, which shall	70211
be known as the Ohio cancer incidence surveillance system, to	70212
monitor the incidence of various types of malignant diseases in	70213
Ohio, make appropriate epidemiologic studies to determine any	70214
causal relations of such diseases with occupational, nutritional,	70215
environmental, or infectious conditions, and alleviate or	70216
eliminate any such conditions;	70217

(2) Advise, consult, cooperate with, and assist, by contract	70218
or otherwise, agencies of the state and federal government,	70219
agencies of the governments of other states, agencies of political	70220
subdivisions of this state, universities, private organizations,	70221
corporations, and associations for the purposes of division	70222
~~(A)~~(B)(1) of this section;	70223

(3) Accept and administer grants from the federal government	70224
or other sources, public or private, for carrying out any of the	70225
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	70226
section.	70227

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	70228
follow a model of cancer data collection as set forth by the	70229
survey epidemiology and end results system (SEERS).	70230

(D) The department may, by contract, designate a state	70231
university as an agent to implement some or all of this section	70232
and section 3701.262 of the Revised Code and the rules adopted	70233
under those sections.	70234

Sec. 3701.262. (A) As used in this section ~~and section~~	70235
~~3701.263 of the Revised Code~~:	70236

(1) "Physician" means a person who holds a valid certificate	70237
issued under Chapter 4731. of the Revised Code authorizing the	70238
person to practice medicine orand surgery or osteopathic medicine	70239
and surgery.	70240

(2) "Dentist" means a person who is licensed under Chapter	70241
4715. of the Revised Code to practice dentistry.	70242

(3) "Hospital" has the same meaning as in section 3727.01 of	70243
the Revised Code.	70244

(4) "Cancer" includes those diseases specified by rule of the	70245
director of health under division (B)(2) of this section.	70246

(B) The director of health shall adopt rules in accordance	70247
with Chapter 119. of the Revised Code to do all of the following:	70248

(1) Establish the Ohio cancer incidence surveillance system	70249
required by section 3701.261 of the Revised Code;	70250

(2) Specify the types of cancer and other tumorous and	70251
precancerous diseases to be reported to the department of health	70252
under division (D) of this section;	70253

(3) Establish reporting requirements for information	70254
concerning diagnosed cancer cases as the director considers	70255
necessary to conduct epidemiologic surveys of cancer in this	70256
state;	70257

(4) Establish standards that must be met by research projects	70258
to be eligible to receive information concerning individual cancer	70259
patients from the department of health ~~under division (B) of~~	70260
~~section 3701.263 of the Revised Code~~.	70261

(C) The department of health shall record in the registry all	70262
reports of cancer received by it. In the development and	70263
administration of the cancer registry the department may use	70264
information compiled by public or private cancer registries and	70265
may contract for the collection and analysis of, and research	70266
related to, the information recorded under this section.	70267

(D)(1) Each physician, dentist, hospital, or person providing	70268
diagnostic or treatment services to patients with cancer shall	70269
report each case of cancer to the department. Any person required	70270
to report pursuant to this section may elect to report to the	70271
department through an existing cancer registry if the registry	70272
meets the reporting standards established by the director and	70273
reports to the department.	70274

(2) No person shall fail to make the cancer reports required	70275
by division (D)(1) of this section.	70276

(E) All physicians, dentists, hospitals, or persons providing	70277
diagnostic or treatment services to patients with cancer shall	70278
grant to the department or its authorized representative access to	70279
all records that identify cases of cancer or establish	70280
characteristics of cancer, the treatment of cancer, or the medical	70281
status of any identified cancer patient.	70282

(F) The Arthur G. James cancer hospital and Richard J. Solove	70283
research institute of the Ohio state university, shall analyze and	70284
evaluate the cancer reports collected pursuant to this section.	70285
The department shall publish and make available to the public	70286
reports summarizing the information collected. Reports shall be	70287
made on a calendar year basis and published not later than ninety	70288
days after the end of each calendar year.	70289

(G) Furnishing information, including records, reports,	70290
statements, notes, memoranda, or other information, to the	70291
department of health, either voluntarily or as required by this	70292
section, or to a person or governmental entity designated as a	70293
medical research project by the department, does not subject a	70294
physician, dentist, hospital, or person providing diagnostic or	70295
treatment services to patients with cancer to liability in an	70296
action for damages or other relief for furnishing the information.	70297

(H) This section does not affect the authority of any person	70298
or facility providing diagnostic or treatment services to patients	70299
with cancer to maintain facility-based tumor registries, in	70300
addition to complying with the reporting requirements of this	70301
section.	70302

~~(I) No person shall fail to make the cancer reports required~~	70303
~~by division (D) of this section.~~	70304

Sec. 3701.264. There is hereby created the Ohio cancer	70305
incidence surveillance system advisory board. The board shall	70306
consist of the director of health, who shall serve as chair of the	70307
board, and one representative, appointed by the governor, from	70308
each medical school accredited by the liaison committee on medical	70309
education and each osteopathic medical school accredited by the	70310
American osteopathic association in Ohio. In addition, the	70311
director of health shall appoint up to three additional members of	70312
the board. Vacancies on the board shall be filled in the same	70313
manner as the initial appointments. Members shall serve without	70314
compensation.	70315

The board shall provide oversight of the collection and	70316
analysis of data by the Ohio cancer incidence surveillance system	70317
to the director of health and the Arthur G. James cancer hospital	70318
and Richard J. Solove research institute of the Ohio state	70319
university and advise in the implementation of sections 3701.261	70320
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	70321
and conduct its business as directed by the chair.	70322

~~The board shall report to the finance committees of both~~	70323
~~houses of the general assembly, not later than March 1, 2001, on~~	70324
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	70325
~~the Revised Code.~~	70326

The board is not subject to sections 101.82 to 101.87 of the	70327
Revised Code.	70328

Sec. 3701.342. ~~After consultation with the public health~~	70329
~~standards task force established under section 3701.343 of the~~	70330
~~Revised Code, the~~The director of health shall adopt rules	70331
establishing minimum standards and optimum achievable standards	70332
for boards of health and local health departments. The minimum	70333
standards shall assure that boards of health and local health	70334
departments provide for:	70335

(A) Analysis and prevention of communicable disease;

70336

(B) Analysis of the causes of, and appropriate treatment for,	70337
the leading causes of morbidity and mortality;	70338

(C) The administration and management of the local health	70339
department;	70340

(D) Access to primary health care by medically underserved	70341
individuals;	70342

(E) Environmental health management programs;

70343

(F) Health promotion services designed to encourage	70344
individual and community wellness;	70345

(G) Annual completion of two hours of continuing education by	70346
each member of a board of health. The minimum standards shall	70347
provide that continuing education credits shall pertain to ethics,	70348
public health principles, and a member's responsibilities. Credits	70349
may be earned in these topics at pertinent presentations that may	70350
occur during regularly scheduled board meetings throughout the	70351
calendar year or at other programs available for continuing	70352
education credit. The director of health may assist local boards	70353
of health of general and city health districts in coordinating	70354
approved continuing education programs sponsored by health care	70355
licensing boards, commissions, or associations. The minimum	70356
standards also shall provide that continuing education credits	70357
earned for the purpose of license renewal or certification by	70358
licensed health professionals serving on boards of health may be	70359
counted to fulfill the two-hour continuing education requirement.	70360

The director shall adopt rules establishing a formula for	70361
distribution of state health district subsidy funds to boards of	70362
health and local health departments. The formula shall provide no	70363
subsidy funds to a board or department unless it meets minimum	70364
standards and shall provide higher funding levels for boards and	70365
districts that meet optimum achievable standards.	70366

Notwithstanding section 119.03 of the Revised Code, rules	70367
adopted under this section shall not take effect unless approved	70368
by concurrent resolution of the general assembly.	70369

Sec. 3701.344. As used in this section and sections	70370
3701.345, 3701.346, and 3701.347 of the Revised Code:	70371

(A) "Private water system" means any water system for the	70372
provision of water for human consumption, if such system has fewer	70373
than fifteen service connections and does not regularly serve an	70374
average of at least twenty-five individuals daily at least sixty	70375
days out of the year. A private water system includes any well,	70376
spring, cistern, pond, or hauled water and any equipment for the	70377
collection, transportation, filtration, disinfection, treatment,	70378
or storage of such water extending from and including the source	70379
of the water to the point of discharge from any pressure tank or	70380
other storage vessel; to the point of discharge from the water	70381
pump where no pressure tank or other storage vessel is present;	70382
or, in the case of multiple service connections serving more than	70383
one dwelling, to the point of discharge from each service	70384
connection. "Private water system" does not include the water	70385
service line extending from the point of discharge to a structure.	70386

(B) Notwithstanding section 3701.347 of the Revised Code and	70387
subject to division (C) of this section, rules adopted by the	70388
director of health regarding private water systems shall provide	70389
for the following:	70390

(1) Except as otherwise provided in this division, boards of	70391
health of city or general health districts shall be given the	70392
exclusive power to establish fees in accordance with section	70393
3709.09 of the Revised Code for administering and enforcing such	70394
rules. Such fees shall establish a different rate for	70395
administering and enforcing the rules relative to private water	70396
systems serving single-family dwelling houses and nonsingle-family	70397
dwelling houses. Except for an amount established by the director,	70398
pursuant to division (B)(5) of this section, for each new private	70399
water system installation, no portion of any fee for administering	70400
and enforcing such rules shall be returned to the department of	70401
health. If the director of health determines that a board of	70402
health of a city or general health district is unable to	70403
administer and enforce a private water system program in the	70404
district, the director shall administer and enforce such a program	70405
in the district and establish fees for such administration and	70406
enforcement.	70407

(2) Boards of health of city or general health districts	70408
shall be given the exclusive power to determine the number of	70409
inspections necessary for determining the safe drinking	70410
characteristics of a private water system.	70411

(3) Private water systems contractors, as a condition of	70412
doing business in this state, shall annually register with, and	70413
comply with surety bonding requirements of, the department of	70414
health. No such contractor shall be permitted to register if the	70415
contractor fails to comply with all applicable rules adopted by	70416
the director and the board of health of the city or general health	70417
district. The annual registration fee for private water systems	70418
contractors shall be sixty-five dollars. The director, by rule	70419
adopted in accordance with Chapter 119. of the Revised Code, may	70420
increase the annual registration fee.	70421

(4) Subject to rules adopted by the director, boards of	70422
health of city or general health districts shall have the option	70423
of determining whether bacteriological examinations shall be	70424
performed at approved laboratories of the state or at approved	70425
private laboratories.	70426

(5) The director may establish fees for each new private	70427
water system installation, which shall be collected by the	70428
appropriate board of health and transmitted to the director	70429
pursuant to section 3709.092 of the Revised Code.	70430

(6) All fees received by the director of health under	70431
divisions (B)(1), (3), and (5) of this section shall be deposited	70432
in the state treasury to the credit of the general operations fund	70433
created in section 3701.83 of the Revised Code for use in the	70434
administration and enforcement of sections 3701.344 to 3701.347 of	70435
the Revised Code and the rules pertaining to private water systems	70436
adopted under those sections.	70437

(C) To the extent that rules adopted under division (B) of	70438
this section require health districts to follow specific	70439
procedures or use prescribed forms, no such procedure or form	70440
shall be implemented until it is approved by majority vote of an	70441
approval board of health commissioners, hereby created. Members of	70442
the board shall be the officers of the association of Ohio health	70443
commissioners, or any successor organization, and membership on	70444
the board shall be coterminous with holding an office of the	70445
association. No health district is required to follow a procedure	70446
or use a form required by a rule adopted under division (B) of	70447
this section without the approval of the board.	70448

(D) A board of health shall collect well log filing fees on	70449
behalf of the division of soil and water resources in the	70450
department of natural resources in accordance with section 1521.05	70451
of the Revised Code and rules adopted under it. The fees shall be	70452
submitted to the division quarterly as provided in those rules.	70453

(E) A water system that does not provide water for human	70454
consumption shall not be required to obtain a permit or license	70455
issued under, pay any fees assessed or levied under, or comply	70456
with any rule adopted under sections 3701.34 to 3701.347 of the	70457
Revised Code.	70458

Sec. 3701.507. (A) To assist in implementing sections	70459
3701.503 to 3701.509 of the Revised Code, the medically	70460
handicapped children's medical advisory council created in section	70461
3701.025 of the Revised Code shall appoint a permanent infant	70462
hearing screening subcommittee. The subcommittee shall consist of	70463
the following members:	70464

(1) One otolaryngologist;

70465

(2) One neonatologist;

70466

(3) One pediatrician;

70467

(4) One neurologist;

70468

(5) One hospital administrator;

70469

(6) Two or more audiologists who are experienced in infant	70470
hearing screening and evaluation;	70471

(7) One speech-language pathologist licensed under section	70472
4753.07 of the Revised Code;	70473

(8) Two persons who are each a parent of a hearing-impaired	70474
child;	70475

(9) One geneticist;

70476

(10) One epidemiologist;

70477

(11) One adult who is deaf or hearing impaired;

70478

(12) One representative from an organization for the deaf or	70479
hearing impaired;	70480

(13) One family advocate;

70481

(14) One nurse from a well-baby neonatal nursery;

70482

(15) One nurse from a special care neonatal nursery;

70483

(16) One teacher of the deaf who works with infants and	70484
toddlers;	70485

(17) One representative of the health insurance industry;

70486

(18) One representative of the bureau for children with	70487
medical handicaps;	70488

(19) One representative of the department of education;

70489

(20) One representative of the ~~Ohio~~ department of ~~job and~~	70490
~~family services who has responsibilities regarding~~ medicaid;	70491

(21) Any other person the advisory council appoints.

70492

(B) The infant hearing subcommittee shall:

70493

(1) Consult with the director of health regarding the	70494
administration of sections 3701.503 to 3701.509 of the Revised	70495
Code;	70496

(2) Advise and make recommendations regarding proposed rules	70497
prior to their adoption by the director under section 3701.508 of	70498
the Revised Code;	70499

(3) Consult with the director of health and advise and make	70500
recommendations regarding program development and implementation	70501
under sections 3701.503 to 3701.509 of the Revised Code, including	70502
all of the following:	70503

(a) Establishment under section 3701.504 of the Revised Code	70504
of the statewide hearing screening, tracking, and early	70505
intervention program to identify newborn and infant hearing	70506
impairment;	70507

(b) Identification of locations where hearing evaluations may	70508
be conducted;	70509

(c) Recommendations for methods and techniques of hearing	70510
screening and hearing evaluation;	70511

(d) Referral, data recording and compilation, and procedures	70512
to encourage follow-up hearing care;	70513

(e) Maintenance of a register of newborns and infants who do	70514
not pass the hearing screening;	70515

(f) Preparation of the information required by section	70516
3701.506 of the Revised Code.	70517

Sec. 3701.74. (A) As used in this section and section	70518
3701.741 of the Revised Code:	70519

(1) "Ambulatory care facility" means a facility that provides	70520
medical, diagnostic, or surgical treatment to patients who do not	70521
require hospitalization, including a dialysis center, ambulatory	70522
surgical facility, cardiac catheterization facility, diagnostic	70523
imaging center, extracorporeal shock wave lithotripsy center, home	70524
health agency, inpatient hospice, birthing center, radiation	70525
therapy center, emergency facility, and an urgent care center.	70526
"Ambulatory care facility" does not include the private office of	70527
a physician or dentist, whether the office is for an individual or	70528
group practice.	70529

(2) "Chiropractor" means an individual licensed under Chapter	70530
4734. of the Revised Code to practice chiropractic.	70531

(3) "Emergency facility" means a hospital emergency	70532
department or any other facility that provides emergency medical	70533
services.	70534

(4) "Health care practitioner" means all of the following:

70535

(a) A dentist or dental hygienist licensed under Chapter	70536
4715. of the Revised Code;	70537

(b) A registered or licensed practical nurse licensed under	70538
Chapter 4723. of the Revised Code;	70539

(c) An optometrist licensed under Chapter 4725. of the	70540
Revised Code;	70541

(d) A dispensing optician, spectacle dispensing optician,	70542
contact lens dispensing optician, or spectacle-contact lens	70543
dispensing optician licensed under Chapter 4725. of the Revised	70544
Code;	70545

(e) A pharmacist licensed under Chapter 4729. of the Revised	70546
Code;	70547

(f) A physician;

70548

(g) A physician assistant authorized under Chapter 4730. of	70549
the Revised Code to practice as a physician assistant;	70550

(h) A practitioner of a limited branch of medicine issued a	70551
certificate under Chapter 4731. of the Revised Code;	70552

(i) A psychologist licensed under Chapter 4732. of the	70553
Revised Code;	70554

(j) A chiropractor;

70555

(k) A hearing aid dealer or fitter licensed under Chapter	70556
4747. of the Revised Code;	70557

(l) A speech-language pathologist or audiologist licensed	70558
under Chapter 4753. of the Revised Code;	70559

(m) An occupational therapist or occupational therapy	70560
assistant licensed under Chapter 4755. of the Revised Code;	70561

(n) A physical therapist or physical therapy assistant	70562
licensed under Chapter 4755. of the Revised Code;	70563

(o) A professional clinical counselor, professional	70564
counselor, social worker, or independent social worker licensed,	70565
or a social work assistant registered, under Chapter 4757. of the	70566
Revised Code;	70567

(p) A dietitian licensed under Chapter 4759. of the Revised	70568
Code;	70569

(q) A respiratory care professional licensed under Chapter	70570
4761. of the Revised Code;	70571

(r) An emergency medical technician-basic, emergency medical	70572
technician-intermediate, or emergency medical technician-paramedic	70573
certified under Chapter 4765. of the Revised Code.	70574

(5) "Health care provider" means a hospital, ambulatory care	70575
facility, long-term care facility, pharmacy, emergency facility,	70576
or health care practitioner.	70577

(6) "Hospital" has the same meaning as in section 3727.01 of	70578
the Revised Code.	70579

(7) "Long-term care facility" means a nursing home,	70580
residential care facility, or home for the aging, as those terms	70581
are defined in section 3721.01 of the Revised Code; a residential	70582
facility licensed under section ~~5119.22~~5119.34 of the Revised	70583
Code that provides accommodations, supervision, and personal care	70584
services for three to sixteen unrelated adults; a nursing facility	70585
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	70586
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	70587
~~a facility or portion of a facility certified as~~ a skilled nursing	70588
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	70589
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	70590
5165.01 of the Revised Code; and an intermediate care facility for	70591
individuals with intellectual disabilities, as defined in section	70592
5124.01 of the Revised Code.	70593

(8) "Medical record" means data in any form that pertains to	70594
a patient's medical history, diagnosis, prognosis, or medical	70595
condition and that is generated and maintained by a health care	70596
provider in the process of the patient's health care treatment.	70597

(9) "Medical records company" means a person who stores,	70598
locates, or copies medical records for a health care provider, or	70599
is compensated for doing so by a health care provider, and charges	70600
a fee for providing medical records to a patient or patient's	70601
representative.	70602

(10) "Patient" means either of the following:

70603

(a) An individual who received health care treatment from a	70604
health care provider;	70605

(b) A guardian, as defined in section 1337.11 of the Revised	70606
Code, of an individual described in division (A)(10)(a) of this	70607
section.	70608

(11) "Patient's personal representative" means a minor	70609
patient's parent or other person acting in loco parentis, a	70610
court-appointed guardian, or a person with durable power of	70611
attorney for health care for a patient, the executor or	70612
administrator of the patient's estate, or the person responsible	70613
for the patient's estate if it is not to be probated. "Patient's	70614
personal representative" does not include an insurer authorized	70615
under Title XXXIX of the Revised Code to do the business of	70616
sickness and accident insurance in this state, a health insuring	70617
corporation holding a certificate of authority under Chapter 1751.	70618
of the Revised Code, or any other person not named in this	70619
division.	70620

(12) "Pharmacy" has the same meaning as in section 4729.01 of	70621
the Revised Code.	70622

(13) "Physician" means a person authorized under Chapter	70623
4731. of the Revised Code to practice medicine and surgery,	70624
osteopathic medicine and surgery, or podiatric medicine and	70625
surgery.	70626

(14) "Authorized person" means a person to whom a patient has	70627
given written authorization to act on the patient's behalf	70628
regarding the patient's medical record.	70629

(B) A patient, a patient's personal representative or an	70630
authorized person who wishes to examine or obtain a copy of part	70631
or all of a medical record shall submit to the health care	70632
provider a written request signed by the patient, personal	70633
representative, or authorized person dated not more than one year	70634
before the date on which it is submitted. The request shall	70635
indicate whether the copy is to be sent to the requestor,	70636
physician or chiropractor, or held for the requestor at the office	70637
of the health care provider. Within a reasonable time after	70638
receiving a request that meets the requirements of this division	70639
and includes sufficient information to identify the record	70640
requested, a health care provider that has the patient's medical	70641
records shall permit the patient to examine the record during	70642
regular business hours without charge or, on request, shall	70643
provide a copy of the record in accordance with section 3701.741	70644
of the Revised Code, except that if a physician or chiropractor	70645
who has treated the patient determines for clearly stated	70646
treatment reasons that disclosure of the requested record is	70647
likely to have an adverse effect on the patient, the health care	70648
provider shall provide the record to a physician or chiropractor	70649
designated by the patient. The health care provider shall take	70650
reasonable steps to establish the identity of the person making	70651
the request to examine or obtain a copy of the patient's record.	70652

(C) If a health care provider fails to furnish a medical	70653
record as required by division (B) of this section, the patient,	70654
personal representative, or authorized person who requested the	70655
record may bring a civil action to enforce the patient's right of	70656
access to the record.	70657

(D)(1) This section does not apply to medical records whose	70658
release is covered by section 173.20 or 3721.13 of the Revised	70659
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	70660
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	70661
Records," or by 42 C.F.R. 483.10.	70662

(2) Nothing in this section is intended to supersede the	70663
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	70664
and 2305.252 of the Revised Code.	70665

Sec. 3701.741. (A) Each health care provider and medical	70666
records company shall provide copies of medical records in	70667
accordance with this section.	70668

(B) Except as provided in divisions (C) and (E) of this	70669
section, a health care provider or medical records company that	70670
receives a request for a copy of a patient's medical record shall	70671
charge not more than the amounts set forth in this section.	70672

(1) If the request is made by the patient or the patient's	70673
personal representative, total costs for copies and all services	70674
related to those copies shall not exceed the sum of the following:	70675

(a) Except as provided in division (B)(1)(b) of this section,	70676
with respect to data recorded on paper or electronically, the	70677
following amounts adjusted in accordance with section 3701.742 of	70678
the Revised Code:	70679

(i) Two dollars and seventy-four cents per page for the first	70680
ten pages;	70681

(ii) Fifty-seven cents per page for pages eleven through	70682
fifty;	70683

(iii) Twenty-three cents per page for pages fifty-one and	70684
higher;	70685

(b) With respect to data resulting from an x-ray, magnetic	70686
resonance imaging (MRI), or computed axial tomography (CAT) scan	70687
and recorded on paper or film, one dollar and eighty-seven cents	70688
per page;	70689

(c) The actual cost of any related postage incurred by the	70690
health care provider or medical records company.	70691

(2) If the request is made other than by the patient or the	70692
patient's personal representative, total costs for copies and all	70693
services related to those copies shall not exceed the sum of the	70694
following:	70695

(a) An initial fee of sixteen dollars and eighty-four cents	70696
adjusted in accordance with section 3701.742 of the Revised Code,	70697
which shall compensate for the records search;	70698

(b) Except as provided in division (B)(2)(c) of this section,	70699
with respect to data recorded on paper or electronically, the	70700
following amounts adjusted in accordance with section 3701.742 of	70701
the Revised Code:	70702

(i) One dollar and eleven cents per page for the first ten	70703
pages;	70704

(ii) Fifty-seven cents per page for pages eleven through	70705
fifty;	70706

(iii) Twenty-three cents per page for pages fifty-one and	70707
higher.	70708

(c) With respect to data resulting from an x-ray, magnetic	70709
resonance imaging (MRI), or computed axial tomography (CAT) scan	70710
and recorded on paper or film, one dollar and eighty-seven cents	70711
per page;	70712

(d) The actual cost of any related postage incurred by the	70713
health care provider or medical records company.	70714

(C)(1) On request, a health care provider or medical records	70715
company shall provide one copy of the patient's medical record and	70716
one copy of any records regarding treatment performed subsequent	70717
to the original request, not including copies of records already	70718
provided, without charge to the following:	70719

(a) The bureau of workers' compensation, in accordance with	70720
Chapters 4121. and 4123. of the Revised Code and the rules adopted	70721
under those chapters;	70722

(b) The industrial commission, in accordance with Chapters	70723
4121. and 4123. of the Revised Code and the rules adopted under	70724
those chapters;	70725

(c) The department of ~~job and family services~~medicaid or a	70726
county department of job and family services, in accordance with	70727
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	70728
and ~~5111.~~5167. of the Revised Code and the rules adopted under	70729
those chapters;	70730

(d) The attorney general, in accordance with sections 2743.51	70731
to 2743.72 of the Revised Code and any rules that may be adopted	70732
under those sections;	70733

(e) A patient, patient's personal representative, or	70734
authorized person if the medical record is necessary to support a	70735
claim under Title II or Title XVI of the "Social Security Act," 49	70736
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	70737
request is accompanied by documentation that a claim has been	70738
filed.	70739

(2) Nothing in division (C)(1) of this section requires a	70740
health care provider or medical records company to provide a copy	70741
without charge to any person or entity not listed in division	70742
(C)(1) of this section.	70743

(D) Division (C) of this section shall not be construed to	70744
supersede any rule of the bureau of workers' compensation, the	70745
industrial commission, or the department of ~~job and family~~	70746
~~services~~medicaid.	70747

(E) A health care provider or medical records company may	70748
enter into a contract with either of the following for the copying	70749
of medical records at a fee other than as provided in division (B)	70750
of this section:	70751

(1) A patient, a patient's personal representative, or an	70752
authorized person;	70753

(2) An insurer authorized under Title XXXIX of the Revised	70754
Code to do the business of sickness and accident insurance in this	70755
state or health insuring corporations holding a certificate of	70756
authority under Chapter 1751. of the Revised Code.	70757

(F) This section does not apply to medical records the	70758
copying of which is covered by section 173.20 of the Revised Code	70759
or by 42 C.F.R. 483.10.	70760

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	70761
amounts specified in division (B) of section 3701.741 of the	70762
Revised Code ~~and, not later than the first day of January of each~~	70763
~~year thereafter,~~shall be adjusted annually in accordance with	70764
this section. These amounts plus any amounts previously computed	70765
by annual adjustments made under this section, shall be increased	70766
or decreased by the average percentage of increase or decrease in	70767
the consumer price index for all urban consumers (United States	70768
city average, all items), prepared by the United States department	70769
of labor, bureau of labor statistics, for the	70770
~~twelve-calendar-month period prior to the~~ immediately preceding	70771
~~first day of January~~calendar year over the calendar year	70772
immediately preceding ~~twelve-calendar-month period~~that year, as	70773
reported by the bureau. The director of health shall make this	70774
determination and adjust the amounts accordingly. The director	70775
shall ~~provide a list of the adjusted amounts to any party upon~~	70776
~~request and the department of health shall~~ make ~~the~~a list of the	70777
adjusted amounts available to the public on ~~its~~the internet web	70778
site maintained by the department of health.	70779

Sec. 3701.78. (A) There is hereby created the commission on	70780
minority health, consisting of twenty-one members. The governor	70781
shall appoint to the commission nine members from among health	70782
researchers, health planners, and health professionals. The	70783
governor also shall appoint two members who are representatives of	70784
the lupus awareness and education program. The speaker of the	70785
house of representatives shall appoint to the commission two	70786
members of the house of representatives, not more than one of whom	70787
is a member of the same political party, and the president of the	70788
senate shall appoint to the commission two members of the senate,	70789
not more than one of whom is a member of the same political party.	70790
The following shall be members of the commission: the directors of	70791
health, ~~mental health~~mental health and addiction services,	70792
developmental disabilities, ~~alcohol and drug addiction services,~~	70793
and job and family services, or their designees,; the medicaid	70794
director, or the director's designee; and the superintendent of	70795
public instruction, or the superintendent's designee~~, shall be~~	70796
~~members of the commission~~. ~~The~~	70797

The commission shall elect a chairperson from among its	70798
members. Of	70799

Of the members appointed by the governor, five shall be	70800
appointed to initial terms of one year, and four shall be	70801
appointed to initial terms of two years. Thereafter, all members	70802
appointed by the governor shall be appointed to terms of two	70803
years. All members of the commission appointed by the speaker of	70804
the house of representatives or the president of the senate shall	70805
be nonvoting members of the commission and be appointed within	70806
thirty days after the commencement of the first regular session of	70807
each general assembly, and shall serve until the expiration of the	70808
session of the general assembly during which they were appointed.	70809
~~Members~~	70810

Members of the commission shall serve without compensation,	70811
but shall be reimbursed for the actual and necessary expenses they	70812
incur in the performance of their official duties.	70813

(B) The commission shall promote health and the prevention of	70814
disease among members of minority groups. Each year the commission	70815
shall distribute grants from available funds to community-based	70816
health groups to be used to promote health and the prevention of	70817
disease among members of minority groups. As used in this	70818
division, "minority group" means any of the following economically	70819
disadvantaged groups: Blacks, American Indians, Hispanics, and	70820
Orientals. The commission shall adopt and maintain rules pursuant	70821
to Chapter 119. of the Revised Code to provide for the	70822
distribution of these grants. No group shall qualify to receive a	70823
grant from the commission unless it receives at least twenty per	70824
cent of its funds from sources other than grants distributed under	70825
this section.	70826

(C) The commission may appoint such employees as it considers	70827
necessary to carry out its duties under this section. The	70828
department of health shall provide office space for the	70829
commission.	70830

(D) The commission shall meet at the call of its chairperson	70831
to conduct its official business. A majority of the voting members	70832
of the commission constitute a quorum. The votes of at least eight	70833
voting members of the commission are necessary for the commission	70834
to take any official action or to approve the distribution of	70835
grants under this section.	70836

Sec. 3701.881. (A) As used in this section:

70837

(1) "Applicant" means a person who is under final	70838
consideration for employment with a home health agency in a	70839
full-time, part-time, or temporary position that involves	70840
providing direct care to an individual or is referred to a home	70841
health agency by an employment service for such a position.	70842

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	70843
~~same meaning~~means a provider as defined in section 173.39 of the	70844
Revised Code.	70845

(3) "Community-based long-term care subcontractor" means a	70846
subcontractor as defined in section 173.38 of the Revised Code.	70847

(4) "Criminal records check" has the same meaning as in	70848
section 109.572 of the Revised Code.	70849

~~(4)~~(5) "Direct care" means any of the following:

70850

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	70851
of this section that is provided in a patient's place of residence	70852
used as the patient's home;	70853

(b) Any activity that requires the person performing the	70854
activity to be routinely alone with a patient or to routinely have	70855
access to a patient's personal property or financial documents	70856
regarding a patient;	70857

(c) For each home health agency individually, any other	70858
routine service or activity that the chief administrator of the	70859
home health agency designates as direct care.	70860

~~(5)~~(6) "Disqualifying offense" means any of the offenses	70861
listed or described in divisions (A)(3)(a) to (e) of section	70862
109.572 of the Revised Code.	70863

~~(6)~~(7) "Employee" means a person employed by a home health	70864
agency in a full-time, part-time, or temporary position that	70865
involves providing direct care to an individual and a person who	70866
works in such a position due to being referred to a home health	70867
agency by an employment service.	70868

~~(7)~~(8) "Home health agency" means a person or government	70869
entity, other than a nursing home, residential care facility,	70870
hospice care program, or pediatric respite care program, that has	70871
the primary function of providing any of the following services to	70872
a patient at a place of residence used as the patient's home:	70873

(a) Skilled nursing care;

70874

(b) Physical therapy;

70875

70876

(d) Occupational therapy;

70877

(e) Medical social services;

70878

(f) Home health aide services.

70879

~~(8)~~(9) "Home health aide services" means any of the following	70880
services provided by an employee of a home health agency:	70881

(a) Hands-on bathing or assistance with a tub bath or shower;

70882

(b) Assistance with dressing, ambulation, and toileting;

70883

70884

(d) Meal preparation and feeding.

70885

~~(9)~~(10) "Hospice care program" and "pediatric respite care	70886
program" have the same meanings as in section 3712.01 of the	70887
Revised Code.	70888

~~(10)~~(11) "Medical social services" means services provided by	70889
a social worker under the direction of a patient's attending	70890
physician.	70891

~~(11)~~(12) "Minor drug possession offense" has the same meaning	70892
as in section 2925.01 of the Revised Code.	70893

~~(12)~~(13) "Nursing home," "residential care facility," and	70894
"skilled nursing care" have the same meanings as in section	70895
3721.01 of the Revised Code.	70896

~~(13)~~(14) "Occupational therapy" has the same meaning as in	70897
section 4755.04 of the Revised Code.	70898

~~(14)~~(15) "Physical therapy" has the same meaning as in	70899
section 4755.40 of the Revised Code.	70900

~~(15)~~(16) "Social worker" means a person licensed under	70901
Chapter 4757. of the Revised Code to practice as a social worker	70902
or independent social worker.	70903

~~(16)~~(17) "Speech-language pathology" has the same meaning as	70904
in section 4753.01 of the Revised Code.	70905

~~(17)~~(18) "Waiver agency" has the same meaning as in section	70906
~~5111.033~~5164.342 of the Revised Code.	70907

(B) No home health agency shall employ an applicant or	70908
continue to employ an employee in a position that involves	70909
providing direct care to an individual if any of the following	70910
apply:	70911

(1) A review of the databases listed in division (D) of this	70912
section reveals any of the following:	70913

(a) That the applicant or employee is included in one or more	70914
of the databases listed in divisions (D)(1) to (5) of this	70915
section;	70916

(b) That there is in the state nurse aide registry	70917
established under section 3721.32 of the Revised Code a statement	70918
detailing findings by the director of health that the applicant or	70919
employee neglected or abused a long-term care facility or	70920
residential care facility resident or misappropriated property of	70921
such a resident;	70922

(c) That the applicant or employee is included in one or more	70923
of the databases, if any, specified in rules adopted under this	70924
section and the rules prohibit the home health agency from	70925
employing an applicant or continuing to employ an employee	70926
included in such a database in a position that involves providing	70927
direct care to an individual.	70928

(2) After the applicant or employee is provided, pursuant to	70929
division (E)(2)(a) of this section, a copy of the form prescribed	70930
pursuant to division (C)(1) of section 109.572 of the Revised Code	70931
and the standard impression sheet prescribed pursuant to division	70932
(C)(2) of that section, the applicant or employee fails to	70933
complete the form or provide the applicant's or employee's	70934
fingerprint impressions on the standard impression sheet.	70935

(3) Except as provided in rules adopted under this section,	70936
the applicant or employee is found by a criminal records check	70937
required by this section to have been convicted of, pleaded guilty	70938
to, or been found eligible for intervention in lieu of conviction	70939
for a disqualifying offense.	70940

(C) Except as provided by division (F) of this section, the	70941
chief administrator of a home health agency shall inform each	70942
applicant of both of the following at the time of the applicant's	70943
initial application for employment or referral to the home health	70944
agency by an employment service for a position that involves	70945
providing direct care to an individual:	70946

(1) That a review of the databases listed in division (D) of	70947
this section will be conducted to determine whether the home	70948
health agency is prohibited by division (B)(1) of this section	70949
from employing the applicant in the position;	70950

(2) That, unless the database review reveals that the	70951
applicant may not be employed in the position, a criminal records	70952
check of the applicant will be conducted and the applicant is	70953
required to provide a set of the applicant's fingerprint	70954
impressions as part of the criminal records check.	70955

(D) As a condition of employing any applicant in a position	70956
that involves providing direct care to an individual, the chief	70957
administrator of a home health agency shall conduct a database	70958
review of the applicant in accordance with rules adopted under	70959
this section. If rules adopted under this section so require, the	70960
chief administrator of a home health agency shall conduct a	70961
database review of an employee in accordance with the rules as a	70962
condition of continuing to employ the employee in a position that	70963
involves providing direct care to an individual. However, the	70964
chief administrator is not required to conduct a database review	70965
of an applicant or employee if division (F) of this section	70966
applies. A database review shall determine whether the applicant	70967
or employee is included in any of the following:	70968

(1) The excluded parties list system that is maintained by	70969
the United States general services administration pursuant to	70970
subpart 9.4 of the federal acquisition regulation and available at	70971
the federal web site known as the system for award management;	70972

(2) The list of excluded individuals and entities maintained	70973
by the office of inspector general in the United States department	70974
of health and human services pursuant to ~~section 1128 of~~ the	70975
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	70976
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	70977
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	70978
~~as amended~~;	70979

(3) The registry of MR/DD employees established under section	70980
5123.52 of the Revised Code;	70981

(4) The internet-based sex offender and child-victim offender	70982
database established under division (A)(11) of section 2950.13 of	70983
the Revised Code;	70984

(5) The internet-based database of inmates established under	70985
section 5120.66 of the Revised Code;	70986

(6) The state nurse aide registry established under section	70987
3721.32 of the Revised Code;	70988

(7) Any other database, if any, specified in rules adopted	70989
under this section.	70990

(E)(1) As a condition of employing any applicant in a	70991
position that involves providing direct care to an individual, the	70992
chief administrator of a home health agency shall request the	70993
superintendent of the bureau of criminal identification and	70994
investigation to conduct a criminal records check of the	70995
applicant. If rules adopted under this section so require, the	70996
chief administrator of a home health agency shall request the	70997
superintendent to conduct a criminal records check of an employee	70998
at times specified in the rules as a condition of continuing to	70999
employ the employee in a position that involves providing direct	71000
care to an individual. However, the chief administrator is not	71001
required to request the criminal records check of the applicant or	71002
the employee if division (F) of this section applies or the home	71003
health agency is prohibited by division (B)(1) of this section	71004
from employing the applicant or continuing to employ the employee	71005
in a position that involves providing direct care to an	71006
individual. If an applicant or employee for whom a criminal	71007
records check request is required by this section does not present	71008
proof of having been a resident of this state for the five-year	71009
period immediately prior to the date upon which the criminal	71010
records check is requested or does not provide evidence that	71011
within that five-year period the superintendent has requested	71012
information about the applicant from the federal bureau of	71013
investigation in a criminal records check, the chief administrator	71014
shall request that the superintendent obtain information from the	71015
federal bureau of investigation as a part of the criminal records	71016
check. Even if an applicant or employee for whom a criminal	71017
records check request is required by this section presents proof	71018
that the applicant or employee has been a resident of this state	71019
for that five-year period, the chief administrator may request	71020
that the superintendent include information from the federal	71021
bureau of investigation in the criminal records check.	71022

(2) The chief administrator shall do all of the following:

71023

(a) Provide to each applicant and employee for whom a	71024
criminal records check request is required by this section a copy	71025
of the form prescribed pursuant to division (C)(1) of section	71026
109.572 of the Revised Code and a standard impression sheet	71027
prescribed pursuant to division (C)(2) of that section;	71028

(b) Obtain the completed form and standard impression sheet	71029
from each applicant and employee;	71030

(c) Forward the completed form and standard impression sheet	71031
to the superintendent at the time the chief administrator requests	71032
the criminal records check.	71033

(3) A home health agency shall pay to the bureau of criminal	71034
identification and investigation the fee prescribed pursuant to	71035
division (C)(3) of section 109.572 of the Revised Code for each	71036
criminal records check the agency requests under this section. A	71037
home health agency may charge an applicant a fee not exceeding the	71038
amount the agency pays to the bureau under this section if both of	71039
the following apply:	71040

(a) The home health agency notifies the applicant at the time	71041
of initial application for employment of the amount of the fee and	71042
that, unless the fee is paid, the applicant will not be considered	71043
for employment.	71044

(b) The medicaid program ~~established under Chapter 5111. of~~	71045
~~the Revised Code~~ does not reimburse the home health agency for the	71046
fee it pays to the bureau under this section.	71047

(F) Divisions (C) to (E) of this section do not apply with	71048
regard to an applicant or employee if the applicant or employee is	71049
referred to a home health agency by an employment service that	71050
supplies full-time, part-time, or temporary staff for positions	71051
that involve providing direct care to an individual and both of	71052
the following apply:	71053

(1) The chief administrator of the home health agency	71054
receives from the employment service confirmation that a review of	71055
the databases listed in division (D) of this section was conducted	71056
with regard to the applicant or employee.	71057

(2) The chief administrator of the home health agency	71058
receives from the employment service, applicant, or employee a	71059
report of the results of a criminal records check of the applicant	71060
or employee that has been conducted by the superintendent within	71061
the one-year period immediately preceding the following:	71062

(a) In the case of an applicant, the date of the applicant's	71063
referral by the employment service to the home health agency;	71064

(b) In the case of an employee, the date by which the home	71065
health agency would otherwise have to request a criminal records	71066
check of the employee under division (E) of this section.	71067

(G)(1) A home health agency may employ conditionally an	71068
applicant for whom a criminal records check request is required by	71069
this section before obtaining the results of the criminal records	71070
check if the agency is not prohibited by division (B) of this	71071
section from employing the applicant in a position that involves	71072
providing direct care to an individual and either of the following	71073
applies:	71074

(a) The chief administrator of the home health agency	71075
requests the criminal records check in accordance with division	71076
(E) of this section not later than five business days after the	71077
applicant begins conditional employment.	71078

(b) The applicant is referred to the home health agency by an	71079
employment service, the employment service or the applicant	71080
provides the chief administrator of the agency a letter that is on	71081
the letterhead of the employment service, the letter is dated and	71082
signed by a supervisor or another designated official of the	71083
employment service, and the letter states all of the following:	71084

(i) That the employment service has requested the	71085
superintendent to conduct a criminal records check regarding the	71086
applicant;	71087

(ii) That the requested criminal records check is to include	71088
a determination of whether the applicant has been convicted of,	71089
pleaded guilty to, or been found eligible for intervention in lieu	71090
of conviction for a disqualifying offense;	71091

(iii) That the employment service has not received the	71092
results of the criminal records check as of the date set forth on	71093
the letter;	71094

(iv) That the employment service promptly will send a copy of	71095
the results of the criminal records check to the chief	71096
administrator of the home health agency when the employment	71097
service receives the results.	71098

(2) If a home health agency employs an applicant	71099
conditionally pursuant to division (G)(1)(b) of this section, the	71100
employment service, on its receipt of the results of the criminal	71101
records check, promptly shall send a copy of the results to the	71102
chief administrator of the agency.	71103

(3) A home health agency that employs an applicant	71104
conditionally pursuant to division (G)(1)(a) or (b) of this	71105
section shall terminate the applicant's employment if the results	71106
of the criminal records check, other than the results of any	71107
request for information from the federal bureau of investigation,	71108
are not obtained within the period ending sixty days after the	71109
date the request for the criminal records check is made.	71110
Regardless of when the results of the criminal records check are	71111
obtained, if the results indicate that the applicant has been	71112
convicted of, pleaded guilty to, or been found eligible for	71113
intervention in lieu of conviction for a disqualifying offense,	71114
the home health agency shall terminate the applicant's employment	71115
unless circumstances specified in rules adopted under this section	71116
that permit the agency to employ the applicant exist and the	71117
agency chooses to employ the applicant. Termination of employment	71118
under this division shall be considered just cause for discharge	71119
for purposes of division (D)(2) of section 4141.29 of the Revised	71120
Code if the applicant makes any attempt to deceive the home health	71121
agency about the applicant's criminal record.	71122

(H) The report of any criminal records check conducted by the	71123
bureau of criminal identification and investigation in accordance	71124
with section 109.572 of the Revised Code and pursuant to a request	71125
made under this section is not a public record for the purposes of	71126
section 149.43 of the Revised Code and shall not be made available	71127
to any person other than the following:	71128

(1) The applicant or employee who is the subject of the	71129
criminal records check or the applicant's or employee's	71130
representative;	71131

(2) The home health agency requesting the criminal records	71132
check or its representative;	71133

(3) The administrator of any other facility, agency, or	71134
program that provides direct care to individuals that is owned or	71135
operated by the same entity that owns or operates the home health	71136
agency that requested the criminal records check;	71137

(4) The employment service that requested the criminal	71138
records check;	71139

(5) The director of health and the staff of the department of	71140
health who monitor a home health agency's compliance with this	71141
section;	71142

(6) The director of aging or the director's designee if	71143
either of the following apply:	71144

(a) In the case of a criminal records check requested by a	71145
home health agency, the home health agency also is a	71146
community-based long-term care ~~agency~~provider or community-based	71147
long-term care subcontractor;	71148

(b) In the case of a criminal records check requested by an	71149
employment service, the employment service makes the request for	71150
an applicant or employee the employment service refers to a home	71151
health agency that also is a community-based long-term care	71152
~~agency~~provider or community-based long-term care subcontractor.	71153

(7) The medicaid director ~~of job and family services~~ and the	71154
staff of the department of ~~job and family services~~medicaid who	71155
are involved in the administration of the medicaid program if	71156
either of the following apply:	71157

(a) In the case of a criminal records check requested by a	71158
home health agency, the home health agency also is a waiver	71159
agency;	71160

(b) In the case of a criminal records check requested by an	71161
employment service, the employment service makes the request for	71162
an applicant or employee the employment service refers to a home	71163
health agency that also is a waiver agency.	71164

(8) Any court, hearing officer, or other necessary individual	71165
involved in a case dealing with any of the following:	71166

(a) A denial of employment of the applicant or employee;

71167

(b) Employment or unemployment benefits of the applicant or	71168
employee;	71169

(c) A civil or criminal action regarding the medicaid	71170
program.	71171

(I) In a tort or other civil action for damages that is	71172
brought as the result of an injury, death, or loss to person or	71173
property caused by an applicant or employee who a home health	71174
agency employs in a position that involves providing direct care	71175
to an individual, all of the following shall apply:	71176

(1) If the home health agency employed the applicant or	71177
employee in good faith and reasonable reliance on the report of a	71178
criminal records check requested under this section, the agency	71179
shall not be found negligent solely because of its reliance on the	71180
report, even if the information in the report is determined later	71181
to have been incomplete or inaccurate.	71182

(2) If the home health agency employed the applicant in good	71183
faith on a conditional basis pursuant to division (G) of this	71184
section, the agency shall not be found negligent solely because it	71185
employed the applicant prior to receiving the report of a criminal	71186
records check requested under this section.	71187

(3) If the home health agency in good faith employed the	71188
applicant or employee according to the personal character	71189
standards established in rules adopted under this section, the	71190
agency shall not be found negligent solely because the applicant	71191
or employee had been convicted of, pleaded guilty to, or been	71192
found eligible for intervention in lieu of conviction for a	71193
disqualifying offense.	71194

(J) The director of health shall adopt rules in accordance	71195
with Chapter 119. of the Revised Code to implement this section.	71196

(1) The rules may do the following:

71197

(a) Require employees to undergo database reviews and	71198
criminal records checks under this section;	71199

(b) If the rules require employees to undergo database	71200
reviews and criminal records checks under this section, exempt one	71201
or more classes of employees from the requirements;	71202

(c) For the purpose of division (D)(7) of this section,	71203
specify other databases that are to be checked as part of a	71204
database review conducted under this section.	71205

(2) The rules shall specify all of the following:

71206

(a) The procedures for conducting database reviews under this	71207
section;	71208

(b) If the rules require employees to undergo database	71209
reviews and criminal records checks under this section, the times	71210
at which the database reviews and criminal records checks are to	71211
be conducted;	71212

(c) If the rules specify other databases to be checked as	71213
part of the database reviews, the circumstances under which a home	71214
health agency is prohibited from employing an applicant or	71215
continuing to employ an employee who is found by a database review	71216
to be included in one or more of those databases;	71217

(d) Circumstances under which a home health agency may employ	71218
an applicant or employee who is found by a criminal records check	71219
required by this section to have been convicted of, pleaded guilty	71220
to, or been found eligible for intervention in lieu of conviction	71221
for a disqualifying offense but meets personal character	71222
standards.	71223

Sec. 3701.921. There is hereby established the patient	71224
centered medical home education program in the department of	71225
health. For the purpose of advancing education in the patient	71226
centered medical home model of care, the director of health may	71227
implement and administer the program pursuant to sections 3701.922	71228
to 3701.929 of the Revised Code. The patient centered medical home	71229
model of care is an enhanced model of primary care in which care	71230
teams attend to the multifaceted needs of patients, providing	71231
whole person comprehensive and coordinate patient centered care.	71232

To the extent that funds are available, the program shall	71233
include the patient centered medical home education pilot project	71234
and may include any other ~~pilot~~ projects the director establishes	71235
pursuant to division (A)(3) of section 3701.922 of the Revised	71236
Code.	71237

Sec. 3701.922. (A) The director of health may do any of the	71238
following to implement and administer the patient centered medical	71239
home education program:	71240

(1) Develop and implement programs of education or training	71241
on the patient centered medical home model of care or other	71242
similar enhanced models of coordinated patient centered care that	71243
are intended to address the multifaceted needs of patients and	71244
provide whole person comprehensive and coordinated patient	71245
centered care;	71246

(2) Advise, consult, cooperate with, and assist, by contract	71247
or other arrangement, government agencies or institutions or	71248
private organizations, corporations, or associations in the	71249
development and promotion of programs pertaining to the evaluation	71250
and implementation of the patient centered medical home model of	71251
care or other similar enhanced models of coordinated patient	71252
centered care;	71253

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

71254

~~(a) Evaluate or implement the patient centered medical home~~	71255
~~model of care or other similar enhanced models of coordinated~~	71256
~~patient centered care;~~	71257

~~(b) Provide~~provide education or training on the patient	71258
centered medical home model of care or other similar enhanced	71259
models of coordinated patient centered care.	71260

(4) Seek and administer state funds or grants from other	71261
sources to carry out any functions of the patient centered medical	71262
home education program.	71263

Any funds or grants received by the director for purposes of	71264
the program shall be used for the program.	71265

(B) The director may adopt rules as necessary to implement	71266
and administer the patient centered medical home education	71267
program, including rules that define what constitutes a "patient	71268
centered medical home" for purposes of an entity authorized to	71269
provide care coordination services. The rules shall be adopted in	71270
accordance with Chapter 119. of the Revised Code.	71271

Sec. 3701.94. There is hereby established the patient	71272
centered medical home program in the department of health. The	71273
patient centered medical home model of care is an advanced model	71274
of primary care in which care teams attend to the multifaceted	71275
needs of patients, providing whole person comprehensive and	71276
coordinated patient centered care.	71277

Sec. 3701.941. (A) As part of the patient centered medical	71278
home program established under section 3701.94 of the Revised	71279
Code, the department of health shall establish a voluntary patient	71280
centered medical home certification program.	71281

(B) Each primary care practice, that seeks a patient centered	71282
medical home certificate shall submit an application on a form	71283
prepared by the department. The department may require an	71284
application fee and annual renewal fee as determined by the	71285
department. If the department establishes a fee under this	71286
section, the fee shall be in an amount that is sufficient to cover	71287
the cost of any on-site evaluations conducted by the department or	71288
an entity under contract with the department pursuant to section	71289
3701.942 of the Revised Code.	71290

(C) A practice certified under this section shall do all of	71291
the following:	71292

(1) Meet any standards developed by national independent	71293
accrediting and medical home organizations, as determined by the	71294
department;	71295

(2) Develop a systematic follow-up procedure for patients,	71296
including the use of health information technology and patient	71297
registries;	71298

(3) Implement and maintain health information technology that	71299
meets the requirements of 42 U.S.C. 300jj;	71300

(4) Comply with the reporting requirements of section	71301
3701.942 of the Revised Code;	71302

(5) Meet any process, outcome, and quality standards	71303
specified by the department of health;	71304

(6) Meet any other requirements established by the	71305
department.	71306

(D) The department shall seek to do all of the following	71307
through the certification of patient centered medical homes:	71308

(1) Expand, enhance, and encourage the use of primary care	71309
providers, including primary care physicians, advanced practice	71310
registered nurses, and physician assistants, as personal	71311
clinicians;	71312

(2) Develop a focus on delivering high-quality, efficient,	71313
and effective health care services;	71314

(3) Encourage patient centered care and the provision of care	71315
that is appropriate for a patient's race, ethnicity, and language;	71316

(4) Encourage the education and active participation of	71317
patients and patients' families or legal guardians, as	71318
appropriate, in decision making and care plan development;	71319

(5) Provide patients with consistent, ongoing contact with a	71320
personal clinician or team of clinical professionals to ensure	71321
continuous and appropriate care;	71322

(6) Ensure that patient centered medical homes develop and	71323
maintain appropriate comprehensive care plans for patients with	71324
complex or chronic conditions, including an assessment of health	71325
risks and chronic conditions;	71326

(7) Ensure that patient centered medical homes plan for	71327
transition of care from youth to adult to senior;	71328

(8) Enable and encourage use of a range of qualified health	71329
care professionals, including dedicated care coordinators, in a	71330
manner that enables those professionals to practice to the fullest	71331
extent of their professional licenses.	71332

Sec. 3701.942. (A) Each certified patient centered medical	71333
home shall report health care quality and performance information	71334
to the department of health, including any data necessary for	71335
monitoring compliance with certification standards and for	71336
evaluating the impact of patient centered medical homes on health	71337
care quality, cost, and outcomes.	71338

(B) The department may contract with a private entity to	71339
evaluate the effectiveness of certified patient centered medical	71340
homes. The department may provide the entity with data collected	71341
under division (A) of this section.	71342

(C) The department may contract with national independent	71343
accrediting and medical home organizations to provide on-site	71344
evaluation of primary care practices and verification of data	71345
collected under division (A) of this section.	71346

(D) Data collected under this section is not a public record	71347
under section 149.43 of the Revised Code.	71348

Sec. 3701.943. (A) The department of health shall submit a	71349
report to the governor and, in accordance with section 101.68 of	71350
the Revised Code, the general assembly, evaluating the patient	71351
centered medical home program not later than three years after	71352
rules adopted pursuant to section 3701.944 of the Revised Code	71353
first become effective. The department shall submit a second	71354
report not later than five years after those rules first become	71355
effective.	71356

(B) The reports submitted under division (A) of this section	71357
shall include all of the following:	71358

(1) The number of patients receiving primary care services	71359
from certified patient centered medical homes and the number and	71360
characteristics of those patients with complex or chronic	71361
conditions. To the extent available, information regarding the	71362
income, race, ethnicity, and language of patients shall be	71363
included in the reports;	71364

(2) The number and geographic distribution of certified	71365
patient centered medical homes;	71366

(3) Performance of and quality of care measures implemented	71367
by certified patient centered medical homes;	71368

(4) Preventive care measures implemented by certified patient	71369
centered medical homes;	71370

(5) Payment arrangements of certified patient centered	71371
medical homes;	71372

(6) Costs related to implementation of the patient centered	71373
medical home program and payment of care coordination fees;	71374

(7) The estimated effect of certified patient centered	71375
medical homes on health disparities;	71376

(8) The estimated savings from establishing the patient	71377
centered medical home program, as those savings apply to the fee	71378
for service, managed care, and state-based purchasing sectors.	71379

Sec. 3701.944. The department of health shall adopt rules in	71380
accordance with Chapter 119. of the Revised Code to do all of the	71381
following:	71382

(A) Considering the goals set forth in section 3701.941 of	71383
the Revised Code, establish standards and procedures for	71384
certifying a primary care practice as a patient centered medical	71385
home;	71386

(B) Specify the types of medical practices that constitute	71387
primary care practices for the purpose of certifying patient	71388
centered medical homes;	71389

(C) Specify the health care quality and performance	71390
information that certified patient centered medical homes must	71391
report to the department pursuant to section 3701.942 of the	71392
Revised Code.	71393

Sec. 3701.96. As used in this section, "board of health"	71394
means a board of health of a city or general health district or an	71395
authority having the duties of a board of health under section	71396
3709.05 of the Revised Code.	71397

If a zoonotic disease program is administered by the	71398
department of health, the director of health may charge a board of	71399
health a fee for each service the program provides to the board.	71400
The fee amount shall be determined by the director and be	71401
commensurate with the department's cost to provide the service.	71402
The board shall pay the fee associated with a service at the time	71403
the service is provided.	71404

Sec. 3701.98. Not later than July 1, 2014, the director of	71405
health shall establish both of the following by rule adopted under	71406
Chapter 119. of the Revised Code:	71407

(A) A standardized process by which all general and city	71408
health districts shall collect and report to the director	71409
information regarding public health quality indicators.	71410

(B) A policy and procedures for the sharing of health data	71411
reported under this section with payers, providers, general and	71412
city health districts, and public health professionals.	71413

The rules shall identify the public health quality indicators	71414
that are to be a priority for general and city health districts	71415
and the information to be collected and reported regarding those	71416
indicators. The director of health shall work in conjunction with	71417
the association of county health commissioners in identifying the	71418
public health quality indicators.	71419

Sec. 3701.99. (A) Whoever violates division (C) of section	71420
3701.23, division (C) of section 3701.232, division (C) of section	71421
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	71422
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	71423
3701.46 to 3701.55 of the Revised Code is guilty of a minor	71424
misdemeanor on a first offense; on each subsequent offense, the	71425
person is guilty of a misdemeanor of the fourth degree.	71426

(B) Whoever violates section 3701.82 of the Revised Code is	71427
guilty of a misdemeanor of the first degree.	71428

(C) Whoever violates section 3701.352 or 3701.81 of the	71429
Revised Code is guilty of a misdemeanor of the second degree.	71430

Sec. 3702.30. (A) As used in this section:

71431

(1) "Ambulatory surgical facility" means a facility, whether	71432
or not part of the same organization as a hospital, that is	71433
located in a building distinct from another in which inpatient	71434
care is provided, and to which any of the following apply:	71435

(a) Outpatient surgery is routinely performed in the	71436
facility, and the facility functions separately from a hospital's	71437
inpatient surgical service and from the offices of private	71438
physicians, podiatrists, and dentists.	71439

(b) Anesthesia is administered in the facility by an	71440
anesthesiologist or certified registered nurse anesthetist, and	71441
the facility functions separately from a hospital's inpatient	71442
surgical service and from the offices of private physicians,	71443
podiatrists, and dentists.	71444

(c) The facility applies to be certified by the United States	71445
centers for medicare and medicaid services as an ambulatory	71446
surgical center for purposes of reimbursement under Part B of the	71447
medicare program, Part B of Title XVIII of the "Social Security	71448
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	71449

(d) The facility applies to be certified by a national	71450
accrediting body approved by the centers for medicare and medicaid	71451
services for purposes of deemed compliance with the conditions for	71452
participating in the medicare program as an ambulatory surgical	71453
center.	71454

(e) The facility bills or receives from any third-party	71455
payer, governmental health care program, or other person or	71456
government entity any ambulatory surgical facility fee that is	71457
billed or paid in addition to any fee for professional services.	71458

(f) The facility is held out to any person or government	71459
entity as an ambulatory surgical facility or similar facility by	71460
means of signage, advertising, or other promotional efforts.	71461

"Ambulatory surgical facility" does not include a hospital	71462
emergency department.	71463

(2) "Ambulatory surgical facility fee" means a fee for	71464
certain overhead costs associated with providing surgical services	71465
in an outpatient setting. A fee is an ambulatory surgical facility	71466
fee only if it directly or indirectly pays for costs associated	71467
with any of the following:	71468

(a) Use of operating and recovery rooms, preparation areas,	71469
and waiting rooms and lounges for patients and relatives;	71470

(b) Administrative functions, record keeping, housekeeping,	71471
utilities, and rent;	71472

(c) Services provided by nurses, orderlies, technical	71473
personnel, and others involved in patient care related to	71474
providing surgery.	71475

"Ambulatory surgical facility fee" does not include any	71476
additional payment in excess of a professional fee that is	71477
provided to encourage physicians, podiatrists, and dentists to	71478
perform certain surgical procedures in their office or their group	71479
practice's office rather than a health care facility, if the	71480
purpose of the additional fee is to compensate for additional cost	71481
incurred in performing office-based surgery.	71482

(3) "Governmental health care program" has the same meaning	71483
as in section 4731.65 of the Revised Code.	71484

(4) "Health care facility" means any of the following:

71485

(a) An ambulatory surgical facility;

71486

(b) A freestanding dialysis center;

71487

71488

(d) A freestanding birthing center;

71489

(e) A freestanding radiation therapy center;

71490

(f) A freestanding or mobile diagnostic imaging center.

71491

(5) "Third-party payer" has the same meaning as in section	71492
3901.38 of the Revised Code.	71493

(B) By rule adopted in accordance with sections 3702.12 and	71494
3702.13 of the Revised Code, the director of health shall	71495
establish quality standards for health care facilities. The	71496
standards may incorporate accreditation standards or other quality	71497
standards established by any entity recognized by the director.	71498

In the case of an ambulatory surgical facility, the standards	71499
shall require the ambulatory surgical facility to maintain an	71500
infection control program. The purposes of the program are to	71501
minimize infections and communicable diseases and facilitate a	71502
functional and sanitary environment consistent with standards of	71503
professional practice. To achieve these purposes, ambulatory	71504
surgical facility staff managing the program shall create and	71505
administer a plan designed to prevent, identify, and manage	71506
infections and communicable diseases; ensure that the program is	71507
directed by a qualified professional trained in infection control;	71508
ensure that the program is an integral part of the ambulatory	71509
surgical facility's quality assessment and performance improvement	71510
program; and implement in an expeditious manner corrective and	71511
preventive measures that result in improvement.	71512

(C) Every ambulatory surgical facility shall require that	71513
each physician who practices at the facility comply with all	71514
relevant provisions in the Revised Code that relate to the	71515
obtaining of informed consent from a patient.	71516

(D) The director shall issue a license to each health care	71517
facility that makes application for a license and demonstrates to	71518
the director that it meets the quality standards established by	71519
the rules adopted under division (B) of this section and satisfies	71520
the informed consent compliance requirements specified in division	71521
(C) of this section.	71522

(E)(1) Except as provided in division (H) of this section and	71523
in section 3702.301 of the Revised Code, no health care facility	71524
shall operate without a license issued under this section.	71525

(2) If the department of health finds that a physician who	71526
practices at a health care facility is not complying with any	71527
provision of the Revised Code related to the obtaining of informed	71528
consent from a patient, the department shall report its finding to	71529
the state medical board, the physician, and the health care	71530
facility.	71531

(3) This division does not create, and shall not be construed	71532
as creating, a new cause of action or substantive legal right	71533
against a health care facility and in favor of a patient who	71534
allegedly sustains harm as a result of the failure of the	71535
patient's physician to obtain informed consent from the patient	71536
prior to performing a procedure on or otherwise caring for the	71537
patient in the health care facility.	71538

(F) The rules adopted under division (B) of this section	71539
shall include all of the following:	71540

(1) Provisions governing application for, renewal,	71541
suspension, and revocation of a license under this section;	71542

(2) Provisions governing orders issued pursuant to section	71543
3702.32 of the Revised Code for a health care facility to cease	71544
its operations or to prohibit certain types of services provided	71545
by a health care facility;	71546

(3) Provisions governing the imposition under section 3702.32	71547
of the Revised Code of civil penalties for violations of this	71548
section or the rules adopted under this section, including a scale	71549
for determining the amount of the penalties;	71550

(4) Provisions specifying the form inspectors must use when	71551
conducting inspections of ambulatory surgical facilities.	71552

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

71553

(a) "Political subdivision" means any body corporate and	71554
politic that is responsible for governmental activities in a	71555
geographic area smaller than the state.	71556

(b) "Public hospital" means a hospital registered with the	71557
department of health under section 3701.07 of the Revised Code	71558
that is owned, leased, or controlled by this state or any agency,	71559
institution, instrumentality, or political subdivision of this	71560
state. "Public hospital" includes any state university, state	71561
medical college, health district, joint hospital, or public	71562
hospital agency.	71563

(2) An ambulatory surgical facility that performs or induces	71564
abortions shall comply with section 3701.791 of the Revised Code.	71565
For purposes of complying with the written transfer agreement	71566
requirement described in section 3702.303 of the Revised Code,	71567
such an ambulatory surgical facility shall not have a written	71568
transfer agreement with a public hospital or enter into a contract	71569
or similar agreement with a physician who has been granted staff	71570
membership or professional privileges by the governing body of a	71571
public hospital.	71572

(H) The following entities are not required to obtain a	71573
license as a freestanding diagnostic imaging center issued under	71574
this section:	71575

(1) A hospital registered under section 3701.07 of the	71576
Revised Code that provides diagnostic imaging;	71577

(2) An entity that is reviewed as part of a hospital	71578
accreditation or certification program and that provides	71579
diagnostic imaging;	71580

(3) An ambulatory surgical facility that provides diagnostic	71581
imaging in conjunction with or during any portion of a surgical	71582
procedure.	71583

Sec. 3702.302. In the case of an ambulatory surgical	71584
facility not certified by the centers for medicare and medicaid	71585
services as an ambulatory surgical center, the director of health	71586
shall conduct an inspection of the facility each time the facility	71587
submits an application for license renewal. The director shall not	71588
renew the license unless all of the following conditions are met:	71589

(A) The inspector conducting the inspection completes each	71590
item on the following, as applicable:	71591

(1) Until the director adopts rules under division (F) of	71592
section 3702.30 of the Revised Code, the form approved by the	71593
director on the effective date of this section;	71594

(2) The form specified by the director pursuant to rules	71595
adopted under division (F) of section 3702.30 of the Revised Code.	71596

(B) The inspection demonstrates that the ambulatory surgical	71597
facility complies with all quality standards established by the	71598
director in rules adopted under division (B) of section 3702.30 of	71599
the Revised Code.	71600

(C) The director determines that the most recent version of	71601
the updated written transfer agreement filed in accordance with	71602
division (B) of section 3702.303 of the Revised Code is	71603
satisfactory, unless the director has granted a variance from the	71604
written transfer agreement requirement as permitted by section	71605
3702.304 of the Revised Code.	71606

Sec. 3702.303. (A) Except as provided in division (C) of this	71607
section, an ambulatory surgical facility shall have a written	71608
transfer agreement with a local hospital that specifies an	71609
effective procedure for the safe and immediate transfer of	71610
patients from the facility to the hospital when medical care	71611
beyond the care that can be provided at the ambulatory surgical	71612
facility is necessary, including when emergency situations occur	71613
or medical complications arise. A copy of the agreement shall be	71614
filed with the director of health.	71615

(B) An ambulatory surgical facility shall update a written	71616
transfer agreement every two years and file a copy of the updated	71617
agreement with the director.	71618

(C) The requirement for a written transfer agreement between	71619
an ambulatory surgical facility and a hospital does not apply if	71620
either of the following is the case:	71621

(1) The facility is a provider-based entity, as defined in 42	71622
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	71623
procedures to address situations when care beyond the care that	71624
can be provided at the ambulatory surgical facility are approved	71625
by the governing body of the facility's parent hospital and	71626
implemented;	71627

(2) The director of health has, pursuant to the procedure	71628
specified in section 3702.304 of the Revised Code, granted the	71629
facility a variance from the requirement.	71630

Sec. 3702.304. (A) The director of health may grant a	71631
variance from the written transfer agreement requirement of	71632
section 3702.303 of the Revised Code if the ambulatory surgical	71633
facility submits to the director a complete variance application,	71634
prescribed by the director, and the director determines after	71635
reviewing the application that the facility is capable of	71636
achieving the purpose of a written transfer agreement in the	71637
absence of one. The director's determination is final.	71638

(B) A variance application is complete for purposes of	71639
division (A) of this section if it contains or includes as	71640
attachments all of the following:	71641

(1) A statement explaining why application of the requirement	71642
would cause the facility undue hardship and why the variance will	71643
not jeopardize the health and safety of any patient;	71644

(2) A letter, contract, or memorandum of understanding signed	71645
by the facility and one or more consulting physicians who have	71646
admitting privileges at a minimum of one local hospital,	71647
memorializing the physician or physicians' agreement to provide	71648
back-up coverage when medical care beyond the level the facility	71649
can provide is necessary;	71650

(3) For each consulting physician described in division	71651
(B)(2) of this section:	71652

(a) A signed statement in which the physician attests that	71653
the physician is familiar with the facility and its operations,	71654
and agrees to provide notice to the facility of any changes in the	71655
physician's ability to provide back-up coverage;	71656

(b) The estimated travel time from the physician's main	71657
residence or office to each local hospital where the physician has	71658
admitting privileges;	71659

(c) Written verification that the facility has a record of	71660
the name, telephone numbers, and practice specialties of the	71661
physician;	71662

(d) Written verification from the state medical board that	71663
the physician possesses a valid certificate to practice medicine	71664
and surgery or osteopathic medicine and surgery issued under	71665
Chapter 4731. of the Revised Code;	71666

(e) Documented verification that each hospital at which the	71667
physician has admitting privileges has been informed in writing by	71668
the physician that the physician is a consulting physician for the	71669
ambulatory surgical facility and has agreed to provide back-up	71670
coverage for the facility when medical care beyond the care the	71671
facility can provide is necessary.	71672

(4) A copy of the facility's operating procedures or	71673
protocols that, at a minimum, do all of the following:	71674

(a) Address how back-up coverage by consulting physicians is	71675
to occur, including how back-up coverage is to occur when	71676
consulting physicians are temporarily unavailable;	71677

(b) Specify that each consulting physician is required to	71678
notify the facility, without delay, when the physician is unable	71679
to expeditiously admit patients to a local hospital and provide	71680
for continuity of patient care;	71681

(c) Specify that a patient's medical record maintained by the	71682
facility must be transferred contemporaneously with the patient	71683
when the patient is transferred from the facility to a hospital.	71684

(5) Any other information the director considers necessary.

71685

(C) The director's decision to grant, refuse, or rescind a	71686
variance is final.	71687

(D) The director shall consider each application for a	71688
variance independently without regard to any decision the director	71689
may have made on a prior occasion to grant or deny a variance to	71690
that ambulatory surgical facility or any other facility.	71691

Sec. 3702.305. The director of health may impose conditions	71692
on any variance the director has granted under section 3702.304 of	71693
the Revised Code. The director may, at any time, rescind the	71694
variance for any reason, including a determination by the director	71695
that the facility is failing to meet one or more of the conditions	71696
or no longer adequately protects public health and safety. The	71697
director's decision to rescind a variance is final.	71698

Sec. 3702.306. A variance the director of health grants under	71699
section 3702.304 of the Revised Code is effective for the period	71700
of time specified by the director, except that it shall not be	71701
effective beyond the date the ambulatory surgical facility's	71702
license expires. If a variance is to expire on the date the	71703
facility's license expires, the facility may submit to the	71704
director an application for a new variance with its next license	71705
renewal application.	71706

Sec. 3702.307. An ambulatory surgical facility shall notify	71707
the director of health when any of the following occurs:	71708

(A) The facility modifies any provision of its most recent	71709
written transfer agreement filed with the director under section	71710
3702.303 of the Revised Code. Notification under these	71711
circumstances shall occur not later than the business day after	71712
the modification is finalized. As used in this division, "business	71713
day" means a day of the week excluding Saturday, Sunday, and a	71714
legal holiday as defined in section 1.14 of the Revised Code.	71715

(B) The facility modifies its operating procedures or	71716
protocols described in division (B)(4) of section 3702.304 of the	71717
Revised Code. Notification under these circumstances shall occur	71718
not later than forty-eight hours after the modification is made.	71719

(C) The ambulatory surgical facility becomes aware of an	71720
event, including disciplinary action by the state medical board	71721
pursuant to section 4731.22 of the Revised Code, that may affect a	71722
consulting physician's certificate to practice medicine and	71723
surgery or osteopathic medicine and surgery or the physician's	71724
ability to admit patients to a hospital identified in a variance	71725
application, as described in division (B)(3)(e) of section	71726
3702.304 of the Revised Code. Notification under these	71727
circumstances shall occur not later than one week after the	71728
facility becomes aware of the event's occurrence.	71729

Sec. 3702.308. If any provision in sections 3702.302 to	71730
3702.307 of the Revised Code is enjoined, the injunction does not	71731
affect any remaining provision of those sections, any provision of	71732
section 3702.30 of the Revised Code, or any provision of the rules	71733
adopted under that section.	71734

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	71735
Revised Code:	71736

(A) "Applicant" means any person that submits an application	71737
for a certificate of need and who is designated in the application	71738
as the applicant.	71739

(B) "Person" means any individual, corporation, business	71740
trust, estate, firm, partnership, association, joint stock	71741
company, insurance company, government unit, or other entity.	71742

(C) "Certificate of need" means a written approval granted by	71743
the director of health to an applicant to authorize conducting a	71744
reviewable activity.	71745

(D) "Service area" means the current and projected primary	71746
and secondary service areas to which the long-term care facility	71747
is, or will be, providing long-term care services.	71748

(E) "Primary service area" means the geographic region,	71749
usually comprised of the Ohio zip code in which the long-term care	71750
facility is located and contiguous zip codes, from which	71751
approximately seventy-five to eighty per cent of the facility's	71752
residents currently originate or are expected to originate.	71753

(F) "Secondary service area" means the geographic region,	71754
usually comprised of Ohio zip codes not included in the primary	71755
service area, excluding isolated exceptions, from which the	71756
facility's remaining residents currently originate or are expected	71757
to originate.	71758

(G) "Third-party payer" means a health insuring corporation	71759
licensed under Chapter 1751. of the Revised Code, a health	71760
maintenance organization as defined in division (I) of this	71761
section, an insurance company that issues sickness and accident	71762
insurance in conformity with Chapter 3923. of the Revised Code, a	71763
state-financed health insurance program under Chapter 3701.,or	71764
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	71765
self-insurance plan.	71766

(H) "Government unit" means the state and any county,	71767
municipal corporation, township, or other political subdivision of	71768
the state, or any department, division, board, or other agency of	71769
the state or a political subdivision.	71770

(I) "Health maintenance organization" means a public or	71771
private organization organized under the law of any state that is	71772
qualified under section 1310(d) of Title XIII of the "Public	71773
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	71774

(J) "Existing long-term care facility" means either of the	71775
following:	71776

(1) A long-term care facility that is licensed or otherwise	71777
authorized to operate in this state in accordance with applicable	71778
law, including a county home or a county nursing home that is	71779
certified under Title XVIII or Title XIX of the "Social Security	71780
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	71781
and equipped to provide long-term care services, and is actively	71782
providing long-term care services;	71783

(2) A long-term care facility that is licensed or otherwise	71784
authorized to operate in this state in accordance with applicable	71785
law, including a county home or a county nursing home that is	71786
certified under Title XVIII or Title XIX of the "Social Security	71787
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	71788
beds registered under section 3701.07 of the Revised Code as	71789
skilled nursing beds or long-term care beds and has provided	71790
long-term care services for at least three hundred sixty-five	71791
consecutive days within the twenty-four months immediately	71792
preceding the date a certificate of need application is filed with	71793
the director of health.	71794

(K) "State" means the state of Ohio, including, but not	71795
limited to, the general assembly, the supreme court, the offices	71796
of all elected state officers, and all departments, boards,	71797
offices, commissions, agencies, institutions, and other	71798
instrumentalities of the state of Ohio. "State" does not include	71799
political subdivisions.	71800

(L) "Political subdivision" means a municipal corporation,	71801
township, county, school district, and all other bodies corporate	71802
and politic responsible for governmental activities only in	71803
geographic areas smaller than that of the state to which the	71804
sovereign immunity of the state attaches.	71805

(M) "Affected person" means:

71806

(1) An applicant for a certificate of need, including an	71807
applicant whose application was reviewed comparatively with the	71808
application in question;	71809

(2) The person that requested the reviewability ruling in	71810
question;	71811

(3) Any person that resides or regularly uses long-term care	71812
facilities within the service area served or to be served by the	71813
long-term care services that would be provided under the	71814
certificate of need or reviewability ruling in question;	71815

(4) Any long-term care facility that is located in the	71816
service area where the long-term care services would be provided	71817
under the certificate of need or reviewability ruling in question;	71818

(5) Third-party payers that reimburse long-term care	71819
facilities for services in the service area where the long-term	71820
care services would be provided under the certificate of need or	71821
reviewability ruling in question.	71822

(N) "Long-term care facility" means any of the following:

71823

(1) A nursing home licensed under section 3721.02 of the	71824
Revised Code or by a political subdivision certified under section	71825
3721.09 of the Revised Code;	71826

(2) The portion of any facility, including a county home or	71827
county nursing home, that is certified as a skilled nursing	71828
facility or a nursing facility under Title XVIII or XIX of the	71829
"Social Security Act";	71830

(3) The portion of any hospital that contains beds registered	71831
under section 3701.07 of the Revised Code as skilled nursing beds	71832
or long-term care beds.	71833

(O) "Long-term care bed" or "bed" means a bed that is	71834
categorized as one of the following:	71835

(1) A bed that is located in a facility that is a nursing	71836
home licensed under section 3721.02 of the Revised Code or a	71837
facility licensed by a political subdivision certified under	71838
section 3721.09 of the Revised Code and is included in the	71839
authorized maximum licensed capacity of the facility;	71840

(2) A bed that is located in the portion of any facility,	71841
including a county home or county nursing home, that is certified	71842
as a skilled nursing facility under the medicare program or a	71843
nursing facility under the medicaid program and is included in the	71844
authorized maximum certified capacity of that portion of the	71845
facility;	71846

(3) A bed that is registered under section 3701.07 of the	71847
Revised Code as a skilled nursing bed, a long-term care bed, or a	71848
special skilled nursing bed;	71849

(4) A bed in a county home or county nursing home that has	71850
been certified under section 5155.38 of the Revised Code as having	71851
been in operation on July 1, 1993, and is eligible for licensure	71852
as a nursing home bed;	71853

(5) A bed held as an approved bed under a certificate of need	71854
approved by the director.	71855

A bed cannot simultaneously be both a bed described in	71856
division (O)(1), (2), (3), or (4) of this section and a bed	71857
described in division (O)(5) of this section.	71858

(P) "Reviewability ruling" means a ruling issued by the	71859
director of health under division (A) of section 3702.52 of the	71860
Revised Code as to whether a particular proposed project is or is	71861
not a reviewable activity.	71862

(Q) "County nursing home" has the same meaning as in section	71863
5155.31 of the Revised Code.	71864

(R) "Principal participant" means both of the following:

71865

(1) A person who has an ownership or controlling interest of	71866
at least five per cent in an applicant, in a long-term care	71867
facility that is the subject of an application for a certificate	71868
of need, or in the owner or operator of the applicant or such a	71869
facility;	71870

(2) An officer, director, trustee, or general partner of an	71871
applicant, of a long-term care facility that is the subject of an	71872
application for a certificate of need, or of the owner or operator	71873
of the applicant or such a facility.	71874

(S) "Actual harm but not immediate jeopardy deficiency" means	71875
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	71876
pattern of deficiencies resulting in actual harm that is not	71877
immediate jeopardy or represents widespread deficiencies resulting	71878
in actual harm that is not immediate jeopardy.	71879

(T) "Immediate jeopardy deficiency" means a deficiency that,	71880
under 42 C.F.R. 488.404, either constitutes a pattern of	71881
deficiencies resulting in immediate jeopardy to resident health or	71882
safety or represents widespread deficiencies resulting in	71883
immediate jeopardy to resident health or safety.	71884

(U) "Existing bed" or "existing long-term care bed" means a	71885
bed from an existing long-term care facility, a bed described in	71886
division (O)(5) of this section, or a bed correctly reported as a	71887
long-term care bed pursuant to section 5155.38 of the Revised	71888
Code.	71889

Sec. 3702.521. (A) Reviews of applications for certificates	71890
of need to recategorize hospital beds to skilled nursing beds	71891
shall be conducted in accordance with this division and rules	71892
adopted by the director of health.	71893

(1) No hospital recategorizing beds shall apply for a	71894
certificate of need for more than twenty skilled nursing beds.	71895

(2) No beds for which a certificate of need is requested	71896
under this division shall be reviewed under or counted in any	71897
formula developed under rules adopted by the director for the	71898
purpose of determining the number of long-term care beds that may	71899
be needed within the state.	71900

(3) No beds shall be approved under this division unless the	71901
hospital certifies and demonstrates in the application that the	71902
beds will be dedicated to patients with a length of stay of no	71903
more than thirty days.	71904

(4) No beds shall be approved under this division unless the	71905
hospital can satisfactorily demonstrate in the application that it	71906
is routinely unable to place the patients planned for the beds in	71907
accessible skilled nursing facilities.	71908

(5) In developing rules to implement this division, the	71909
director shall give special attention to the required	71910
documentation of the need for such beds, including the efforts	71911
made by the hospital to place patients in suitable skilled nursing	71912
facilities, and special attention to the appropriate size of units	71913
with such beds given the historical pattern of the applicant	71914
hospital's documented difficulty in placing skilled nursing	71915
patients.	71916

(B) For assistance in monitoring the use of hospital beds	71917
recategorized as skilled nursing beds after August 5, 1989, the	71918
director shall adopt rules specifying appropriate quarterly	71919
procedures for reporting to the department of health.	71920

(C) A patient may stay in a hospital bed that, after August	71921
5, 1989, has been recategorized as a skilled nursing bed for more	71922
than thirty days if the hospital is able to demonstrate that it	71923
made a good faith effort to place the patient in an accessible	71924
skilled nursing facility acceptable to the patient within the	71925
thirty-day period, but was unable to do so.	71926

(D) No hospital bed recategorized after August 5, 1989, as a	71927
skilled nursing bed shall be covered by a provider agreement under	71928
the ~~medical assistance~~medicaid program ~~established under Chapter~~	71929
~~5111. of the Revised Code~~.	71930

(E) Nothing in this section requires a hospital to place a	71931
patient in any nursing home if the patient does not wish to be	71932
placed in the nursing home. Nothing in this section limits the	71933
ability of a hospital to file a certificate of need application	71934
for the addition of long-term care beds that meet the definition	71935
of "home" in section 3721.01 of the Revised Code. Nothing in this	71936
section limits the ability of the director to grant certificates	71937
of need necessary for hospitals to engage in demonstration	71938
projects authorized by the federal government for the purpose of	71939
enhancing long-term quality of care and cost containment. Nothing	71940
in this section limits the ability of hospitals to develop swing	71941
bed programs in accordance with federal regulations.	71942

No hospital that is granted a certificate of need after	71943
August 5, 1989, to recategorize hospital beds as skilled nursing	71944
beds is subject to sections 3721.01 to 3721.09 of the Revised	71945
Code. If the portion of the hospital in which the recategorized	71946
beds are located is certified as a skilled nursing facility under	71947
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	71948
U.S.C.A. 301, as amended, that portion of the hospital is subject	71949
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	71950
the Revised Code. If the beds are registered pursuant to section	71951
3701.07 of the Revised Code as long-term care beds, the beds are	71952
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	71953
Revised Code.	71954

Sec. 3702.55. A person that the director of health	71955
determines has violated section 3702.53 of the Revised Code shall	71956
cease conducting the activity that constitutes the violation or	71957
utilizing the facility resulting from the violation not later than	71958
thirty days after the person receives the notice mailed under	71959
section 3702.532 of the Revised Code or, if the person appeals the	71960
director's determination under section 3702.60 of the Revised	71961
Code, thirty days after the person receives an order upholding the	71962
director's determination that is not subject to further appeal.	71963

If any person determined to have violated section 3702.53 of	71964
the Revised Code fails to cease conducting an activity or using a	71965
facility as required by this section or if the person continues to	71966
seek payment or reimbursement for services rendered or costs	71967
incurred in conducting the activity as prohibited by section	71968
3702.56 of the Revised Code, in addition to the penalties imposed	71969
under section 3702.54 or 3702.541 of the Revised Code:	71970

(A) The director of health may refuse to include any beds	71971
involved in the activity in the bed capacity of a hospital for	71972
purposes of registration under section 3701.07 of the Revised	71973
Code;	71974

(B) The director of health may refuse to license, or may	71975
revoke a license or reduce bed capacity previously granted to, a	71976
hospice care program under section 3712.04 of the Revised Code; a	71977
nursing home, residential care facility, or home for the aging	71978
under section 3721.02 of the Revised Code; or any beds within any	71979
of those facilities that are involved in the activity;	71980

(C) A political subdivision certified under section 3721.09	71981
of the Revised Code may refuse to license, or may revoke a license	71982
or reduce bed capacity previously granted to, a nursing home,	71983
residential care facility, or home for the aging, or any beds	71984
within any of those facilities that are involved in the activity;	71985

(D) The director of ~~mental health~~mental health and addiction	71986
services may refuse to license under section ~~5119.20~~5119.33 of	71987
the Revised Code, or may revoke a license or reduce bed capacity	71988
previously granted to, a hospital receiving mentally ill persons	71989
or beds within such a hospital that are involved in the activity;	71990

(E) The department of ~~job and family services~~medicaid may	71991
refuse to enter into a provider agreement that includes a	71992
facility, beds, or services that result from the activity.	71993

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	71994
Code do not apply to any part of a long-term care facility's	71995
campus that is certified as an intermediate care facility for ~~the~~	71996
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	71997
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~individuals	71998
with intellectual disabilities, as defined in section 5124.01 of	71999
the Revised Code.	72000

Sec. 3702.74. (A) A primary care physician who has signed a	72001
letter of intent under section 3702.73 of the Revised Code and the	72002
director of health may enter into a contract for the physician's	72003
participation in the physician loan repayment program. The	72004
physician's employer or other funding source may also be a party	72005
to the contract.	72006

(B) The contract shall include all of the following	72007
obligations:	72008

(1) The primary care physician agrees to provide primary care	72009
services in the health resource shortage area identified in the	72010
letter of intent for at least two years;	72011

(2) When providing primary care services in the health	72012
resource shortage area, the primary care physician agrees to do	72013
all of the following:	72014

(a) Provide primary care services for a minimum of forty	72015
hours per week, of which at least twenty-one hours will be spent	72016
providing patient care in an outpatient or ambulatory setting;	72017

(b) Provide primary care services without regard to a	72018
patient's ability to pay;	72019

(c) Meet the ~~conditions prescribed by the "Social Security~~	72020
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	72021
~~department of job and family services~~requirements for	72022
~~participation in the~~a medicaid ~~program established under Chapter~~	72023
~~5111. of the Revised Code~~provider agreement and enter into a	72024
~~contract~~the agreement with the department of medicaid to provide	72025
primary care services to medicaid recipients ~~of the medical~~	72026
~~assistance program~~.	72027

(3) The department of health agrees, as provided in section	72028
3702.75 of the Revised Code, to repay, so long as the primary care	72029
physician performs the service obligation agreed to under division	72030
(B)(1) of this section, all or part of the principal and interest	72031
of a government or other educational loan taken by the primary	72032
care physician for expenses described in section 3702.75 of the	72033
Revised Code;	72034

(4) The primary care physician agrees to pay the department	72035
of health an amount established by rules adopted under section	72036
3702.79 of the Revised Code if the physician fails to complete the	72037
service obligation agreed to under division (B)(1) of this	72038
section.	72039

(C) The contract may include any other terms agreed upon by	72040
the parties.	72041

Sec. 3702.91. (A) An individual who has signed a letter of	72042
intent under section 3702.90 of the Revised Code may enter into a	72043
contract with the director of health for participation in the	72044
dentist loan repayment program. The dentist's employer or other	72045
funding source may also be a party to the contract.	72046

(B) The contract shall include all of the following	72047
obligations:	72048

(1) The individual agrees to provide dental services in the	72049
dental health resource shortage area identified in the letter of	72050
intent for at least two years.	72051

(2) When providing dental services in the dental health	72052
resource shortage area, the individual agrees to do all of the	72053
following:	72054

(a) Provide dental services for a minimum of forty hours per	72055
week;	72056

(b) Provide dental services without regard to a patient's	72057
ability to pay;	72058

(c) Meet the ~~conditions prescribed by the "Social Security~~	72059
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	72060
~~department of job and family services~~requirements for	72061
~~participation in the~~a medicaid ~~program established under Chapter~~	72062
~~5111. of the Revised Code~~provider agreement and enter into a	72063
~~contract~~the agreement with the department of medicaid to provide	72064
dental services to medicaid recipients.	72065

(3) The department of health agrees, as provided in section	72066
3702.85 of the Revised Code, to repay, so long as the individual	72067
performs the service obligation agreed to under division (B)(1) of	72068
this section, all or part of the principal and interest of a	72069
government or other educational loan taken by the individual for	72070
expenses described in section 3702.85 of the Revised Code.	72071

(4) The individual agrees to pay the department of health an	72072
amount established by rules adopted under section 3702.86 of the	72073
Revised Code, if the individual fails to complete the service	72074
obligation agreed to under division (B)(1) of this section.	72075

(C) The contract may include any other terms agreed upon by	72076
the parties.	72077

(D) Not later than the thirty-first day of January of each	72078
year, the department of health shall mail to each individual to	72079
whom or on whose behalf repayment is made under the dentist loan	72080
repayment program a statement showing the amount of principal and	72081
interest repaid by the department pursuant to the contract in the	72082
preceding year. The statement shall be sent by ordinary mail with	72083
address correction and forwarding requested in the manner	72084
prescribed by the United States postal service.	72085

Sec. 3704.144. (A) Gifts, grants, and contributions for the	72086
purpose of adding pollution control equipment to diesel-powered	72087
school buses and converting diesel-powered school buses to	72088
alternative fuels, including contributions that are made pursuant	72089
to the settlement of an administrative action or civil action that	72090
is brought at the request of the director of environmental	72091
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	72092
6111. of the Revised Code, shall be credited to the clean diesel	72093
school bus fund, which is hereby created in the state treasury.	72094
The director shall use money credited to the fund to make grants	72095
to school districts in the state and to county boards of	72096
developmental disabilities for the purpose of adding pollution	72097
control equipment to diesel-powered school buses and converting	72098
diesel-powered school buses to alternative fuels by means of	72099
certified engine configurations and verified technologies that are	72100
consistent with the requirements of section 793 and any	72101
regulations adopted under that section and to pay the	72102
environmental protection agency's costs incurred in administering	72103
this section. In addition, the director may use money credited to	72104
the fund to make grants to school districts and to county boards	72105
of developmental disabilities for the purpose of maintaining	72106
pollution control equipment that is installed on diesel-powered	72107
school buses ~~and to pay the additional cost incurred by a school~~	72108
~~district or a county board for using ultra-low sulfur diesel fuel~~	72109
~~instead of diesel fuel for the operation of diesel-powered school~~	72110
~~buses~~.	72111

(B) In making grants under this section, the director shall	72112
give priority to school districts and to county boards of	72113
developmental disabilities that are located in a county that is	72114
designated as nonattainment by the United States environmental	72115
protection agency for the fine particulate national ambient air	72116
quality standard under the federal Clean Air Act. In addition, the	72117
director may give a higher priority to a school district or a	72118
county board of developmental disabilities that employs additional	72119
measures that reduce air pollution from the district's or the	72120
county board's school bus fleet.	72121

(C) The director shall adopt rules establishing procedures	72122
and requirements that are necessary to implement this section,	72123
including procedures and requirements governing applications for	72124
grants.	72125

(D) As used in this section:

72126

(1) "Alternative fuel" has the same meaning as in section	72127
125.831 of the Revised Code.	72128

(2) "Certified engine configuration" and "section 793" have	72129
the same meanings as in section 122.861 of the Revised Code.	72130

(3) "Verified technology" means a pollution control	72131
technology, including retrofit technology and auxiliary power	72132
unit, that has been verified by the administrator of the United	72133
States environmental protection agency or the California air	72134
resources board.	72135

Sec. 3706.01. As used in this chapter:

72136

(A) "Governmental agency" means a department, division, or	72137
other unit of state government, a municipal corporation, county,	72138
township, and other political subdivision, or any other public	72139
corporation or agency having the power to acquire, construct, or	72140
operate air quality facilities, the United States or any agency	72141
thereof, and any agency, commission, or authority established	72142
pursuant to an interstate compact or agreement.	72143

(B) "Person" means any individual, firm, partnership,	72144
association, or corporation, or any combination thereof.	72145

(C) "Air contaminant" means particulate matter, dust, fumes,	72146
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	72147
odorous substance, or any combination thereof.	72148

(D) "Air pollution" means the presence in the ambient air of	72149
one or more air contaminants in sufficient quantity and of such	72150
characteristics and duration as to injure human health or welfare,	72151
plant or animal life, or property, or that unreasonably interferes	72152
with the comfortable enjoyment of life or property.	72153

(E) "Ambient air" means that portion of the atmosphere	72154
outside of buildings and other enclosures, stacks, or ducts that	72155
surrounds human, plant, or animal life, or property.	72156

(F) "Emission" means the release into the outdoor atmosphere	72157
of an air contaminant.	72158

(G) "Air quality facility" means any of the following:

72159

(1) Any method, modification or replacement of property,	72160
process, device, structure, or equipment that removes, reduces,	72161
prevents, contains, alters, conveys, stores, disperses, or	72162
disposes of air contaminants or substances containing air	72163
contaminants, or that renders less noxious or reduces the	72164
concentration of air contaminants in the ambient air, including,	72165
without limitation, facilities and expenditures that qualify as	72166
air pollution control facilities under section 103 (C)(4)(F) of	72167
the Internal Revenue Code of 1954, as amended, and regulations	72168
adopted thereunder;	72169

(2) Motor vehicle inspection stations operated in accordance	72170
with, and any equipment used for motor vehicle inspections	72171
conducted under, section 3704.14 of the Revised Code and rules	72172
adopted under it;	72173

(3) Ethanol or other biofuel facilities, including any	72174
equipment used at the ethanol or other biofuel facility for the	72175
production of ethanol or other biofuels;	72176

(4) Any property or portion thereof used for the collection,	72177
storage, treatment, utilization, processing, or final disposal of	72178
a by-product or solid waste resulting from any method, process,	72179
device, structure, or equipment that removes, reduces, prevents,	72180
contains, alters, conveys, stores, disperses, or disposes of air	72181
contaminants, or that renders less noxious or reduces the	72182
concentration of air contaminants in the ambient air;	72183

(5) Any property, device, or equipment that promotes the	72184
reduction of emissions of air contaminants into the ambient air	72185
through improvements in the efficiency of energy utilization or	72186
energy conservation;	72187

(6) Any coal research and development project conducted under	72188
Chapter 1555. of the Revised Code;	72189

(7) As determined by the director of the Ohio coal	72190
development office, any property or portion thereof that is used	72191
for the collection, storage, treatment, utilization, processing,	72192
or final disposal of a by-product resulting from a coal research	72193
and development project as defined in section 1555.01 of the	72194
Revised Code or from the use of clean coal technology, excluding	72195
any property or portion thereof that is used primarily for other	72196
subsequent commercial purposes;	72197

(8) Any property or portion thereof that is part of the	72198
FutureGen project of the United States department of energy or	72199
related to the siting of the FutureGen project.;	72200

(9) Any property, device, or equipment that promotes the	72201
reduction of emissions of air contaminants into the ambient air	72202
through the generation of clean, renewable energy with renewable	72203
energy resources or advanced energy resources as defined in	72204
section 3706.25 of the Revised Code.;	72205

(10) Any property, device, structure or equipment necessary	72206
for the manufacture and production of equipment described as an	72207
air quality facility under this chapter;	72208

(11) Any property, device, or equipment related to the	72209
recharging or refueling of vehicles that promotes the reduction of	72210
emissions of air contaminants into the ambient air through the use	72211
of an alternative fuel as defined in section 125.831 of the	72212
Revised Code or the use of a renewable energy resource as defined	72213
in section 3706.25 of the Revised Code.	72214

"Air quality facility" further includes any property or	72215
system to be used in whole or in part for any of the purposes in	72216
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	72217
purpose is also served, and any property or system incidental to	72218
or that has to do with, or the end purpose of which is, any of the	72219
foregoing. Air quality facilities that are defined in this	72220
division for industry, commerce, distribution, or research,	72221
including public utility companies, are hereby determined to be	72222
those that qualify as facilities for the control of air pollution	72223
and thermal pollution related to air under Section 13 of Article	72224
VIII, Ohio Constitution.	72225

(H) "Project" or "air quality project" means any air quality	72226
facility, including undivided or other interests therein, acquired	72227
or to be acquired or constructed or to be constructed by the Ohio	72228
air quality development authority under this chapter, or acquired	72229
or to be acquired or constructed or to be constructed by a	72230
governmental agency or person with all or a part of the cost	72231
thereof being paid from a loan or grant from the authority under	72232
this chapter or otherwise paid from the proceeds of air quality	72233
revenue bonds, including all buildings and facilities that the	72234
authority determines necessary for the operation of the project,	72235
together with all property, rights, easements, and interests that	72236
may be required for the operation of the project.	72237

(I) "Cost" as applied to an air quality project means the	72238
cost of acquisition and construction, the cost of acquisition of	72239
all land, rights-of-way, property rights, easements, franchise	72240
rights, and interests required for such acquisition and	72241
construction, the cost of demolishing or removing any buildings or	72242
structures on land so acquired, including the cost of acquiring	72243
any lands to which such buildings or structures may be moved, the	72244
cost of acquiring or constructing and equipping a principal office	72245
and sub-offices of the authority, the cost of diverting highways,	72246
interchange of highways, and access roads to private property,	72247
including the cost of land or easements for such access roads, the	72248
cost of public utility and common carrier relocation or	72249
duplication, the cost of all machinery, furnishings, and	72250
equipment, financing charges, interest prior to and during	72251
construction and for no more than eighteen months after completion	72252
of construction, engineering, expenses of research and development	72253
with respect to air quality facilities, the cost of any commodity	72254
contract, including fees and expenses related thereto, legal	72255
expenses, plans, specifications, surveys, studies, estimates of	72256
cost and revenues, working capital, other expenses necessary or	72257
incident to determining the feasibility or practicability of	72258
acquiring or constructing such project, administrative expense,	72259
and such other expense as may be necessary or incident to the	72260
acquisition or construction of the project, the financing of such	72261
acquisition or construction, including the amount authorized in	72262
the resolution of the authority providing for the issuance of air	72263
quality revenue bonds to be paid into any special funds from the	72264
proceeds of such bonds, and the financing of the placing of such	72265
project in operation. Any obligation, cost, or expense incurred by	72266
any governmental agency or person for surveys, borings,	72267
preparation of plans and specifications, and other engineering	72268
services, or any other cost described above, in connection with	72269
the acquisition or construction of a project may be regarded as a	72270
part of the cost of that project and may be reimbursed out of the	72271
proceeds of air quality revenue bonds as authorized by this	72272
chapter.	72273

(J) "Owner" includes an individual, copartnership,	72274
association, or corporation having any title or interest in any	72275
property, rights, easements, or interests authorized to be	72276
acquired by this chapter.	72277

(K) "Revenues" means all rentals and other charges received	72278
by the authority for the use or services of any air quality	72279
project, any gift or grant received with respect to any air	72280
quality project, any moneys received with respect to the lease,	72281
sublease, sale, including installment sale or conditional sale, or	72282
other disposition of an air quality project, moneys received in	72283
repayment of and for interest on any loans made by the authority	72284
to a person or governmental agency, whether from the United States	72285
or any department, administration, or agency thereof, or	72286
otherwise, proceeds of such bonds to the extent that use thereof	72287
for payment of principal of, premium, if any, or interest on the	72288
bonds is authorized by the authority, amounts received or	72289
otherwise derived from a commodity contract or from the sale of	72290
the related commodity under such a contract, proceeds from any	72291
insurance, condemnation, or guaranty pertaining to a project or	72292
property mortgaged to secure bonds or pertaining to the financing	72293
of the project, and income and profit from the investment of the	72294
proceeds of air quality revenue bonds or of any revenues.	72295

(L) "Public roads" includes all public highways, roads, and	72296
streets in the state, whether maintained by the state, county,	72297
city, township, or other political subdivision.	72298

(M) "Public utility facilities" includes tracks, pipes,	72299
mains, conduits, cables, wires, towers, poles, and other equipment	72300
and appliances of any public utility.	72301

(N) "Construction," unless the context indicates a different	72302
meaning or intent, includes reconstruction, enlargement,	72303
improvement, or providing furnishings or equipment.	72304

(O) "Air quality revenue bonds," unless the context indicates	72305
a different meaning or intent, includes air quality revenue notes,	72306
air quality revenue renewal notes, and air quality revenue	72307
refunding bonds, except that notes issued in anticipation of the	72308
issuance of bonds shall have a maximum maturity of five years as	72309
provided in section 3706.05 of the Revised Code and notes or	72310
renewal notes issued as the definitive obligation may be issued	72311
maturing at such time or times with a maximum maturity of forty	72312
years from the date of issuance of the original note.	72313

(P) "Solid waste" means any garbage; refuse; sludge from a	72314
waste water treatment plant, water supply treatment plant, or air	72315
pollution control facility; and other discarded material,	72316
including solid, liquid, semisolid, or contained gaseous material	72317
resulting from industrial, commercial, mining, and agricultural	72318
operations, and from community activities, but not including solid	72319
or dissolved material in domestic sewage, or solid or dissolved	72320
material in irrigation return flows or industrial discharges that	72321
are point sources subject to permits under section 402 of the	72322
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	72323
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	72324
byproduct material as defined by the "Atomic Energy Act of 1954,"	72325
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	72326

(Q) "Sludge" means any solid, semisolid, or liquid waste,	72327
other than a recyclable by-product, generated from a municipal,	72328
commercial, or industrial waste water treatment plant, water	72329
supply plant, or air pollution control facility or any other such	72330
wastes having similar characteristics and effects.	72331

(R) "Ethanol or other biofuel facility" means a plant at	72332
which ethanol or other biofuel is produced.	72333

(S) "Ethanol" means fermentation ethyl alcohol derived from	72334
agricultural products, including potatoes, cereal, grains, cheese	72335
whey, and sugar beets; forest products; or other renewable or	72336
biomass resources, including residue and waste generated from the	72337
production, processing, and marketing of agricultural products,	72338
forest products, and other renewable or biomass resources, that	72339
meets all of the specifications in the American society for	72340
testing and materials (ASTM) specification D 4806-88 and is	72341
denatured as specified in Parts 20 and 21 of Title 27 of the Code	72342
of Federal Regulations.	72343

(T) "Biofuel" means any fuel that is made from cellulosic	72344
biomass resources, including renewable organic matter, crop waste	72345
residue, wood, aquatic plants and other crops, animal waste, solid	72346
waste, or sludge, and that is used for the production of energy	72347
for transportation or other purposes.	72348

(U) "FutureGen project" means the buildings, equipment, and	72349
real property and functionally related buildings, equipment, and	72350
real property, including related research projects that support	72351
the development and operation of the buildings, equipment, and	72352
real property, designated by the United States department of	72353
energy and the FutureGen industrial alliance, inc., as the	72354
coal-fueled, zero-emissions power plant designed to prove the	72355
technical and economic feasibility of producing electricity and	72356
hydrogen from coal and nearly eliminating carbon dioxide emissions	72357
through capture and permanent storage.	72358

(V) "Commodity contract" means a contract or series of	72359
contracts entered into in connection with the acquisition or	72360
construction of air quality facilities for the purchase or sale of	72361
a commodity that is eligible for prepayment with the proceeds of	72362
federally tax exempt bonds under sections 103, 141, and 148 of the	72363
Internal Revenue Code of 1986, as amended, and regulations adopted	72364
under it.	72365

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

72366

"Physician" means a person authorized under Chapter 4731. of	72367
the Revised Code to practice medicine and surgery or osteopathic	72368
medicine and surgery.	72369

"Chiropractor" means a person licensed under Chapter 4734. of	72370
the Revised Code to practice chiropractic.	72371

(B) A youth sports organization shall provide to the parent,	72372
guardian, or other person having care or charge of an individual	72373
who wishes to practice for or compete in an athletic activity	72374
organized by a youth sports organization the concussion and head	72375
injury information sheet required by section 3707.52 of the	72376
Revised Code. The organization shall provide the information sheet	72377
annually for each sport or other category of athletic activity for	72378
or in which the individual practices or competes.	72379

(C)(1) No individual shall act as a coach or referee for a	72380
youth sports organization unless the individual holds a	72381
pupil-activity program permit issued under section 3319.303 of the	72382
Revised Code for coaching interscholastic athletics or presents	72383
evidence that the individual has successfully completed, within	72384
the previous three years, a training program in recognizing the	72385
symptoms of concussions and head injuries to which the department	72386
of health has provided a link on its internet web site under	72387
section 3707.52 of the Revised Code.	72388

(2) The youth sports organization for which the individual	72389
intends to act as a coach or referee shall inform the individual	72390
of the requirement described in division (C)(1) of this section.	72391

(D) If an individual practicing for or competing in an	72392
athletic event organized by a youth sports organization exhibits	72393
signs, symptoms, or behaviors consistent with having sustained a	72394
concussion or head injury while participating in the practice or	72395
competition, the individual shall be removed from the practice or	72396
competition by one of the following:	72397

(1) The individual who is serving as the individual's coach	72398
during that practice or competition;	72399

(2) An individual who is serving as a referee during that	72400
practice or competition;	72401

(3) An official of the youth sports organization who is	72402
supervising that practice or competition.	72403

(E)(1) If an individual is removed from practice or	72404
competition under division (D) of this section, the coach,	72405
referee, or official who removed the individual shall not allow	72406
the individual, on the same day the individual is removed, to	72407
return to that practice or competition or to participate in any	72408
other practice or competition for which the coach, referee, or	72409
official is responsible. Thereafter, the coach, referee, or	72410
official shall not allow the student to return to that practice or	72411
competition or to participate in any other practice or competition	72412
for which the coach, referee, or official is responsible until	72413
both of the following conditions are satisfied:	72414

(a) The individual's condition is assessed by ~~either~~any of	72415
the following:	72416

(i) A physician;

72417

(ii) A chiropractor;

72418

(iii) Any other licensed health care provider the youth	72419
sports organization, pursuant to division (E)(2) of this section,	72420
authorizes to assess an individual who has been removed from	72421
practice or competition under division (D) of this section.	72422

(b) The individual receives written clearance that it is safe	72423
for the individual to return to practice or competition from a	72424
physician, chiropractor, or ~~from~~ another licensed health care	72425
provider authorized pursuant to division (E)(2) of this section to	72426
grant the clearance.	72427

(2) A youth sports organization may authorize a licensed	72428
health care provider who is not a physician or a chiropractor to	72429
make an assessment or grant a clearance for purposes of division	72430
(E)(1) of this section only if the provider is acting in	72431
accordance with one of the following, as applicable to the	72432
provider's authority to practice in this state:	72433

(a) In consultation with a physician;

72434

(b) Pursuant to the referral of a physician;

72435

72436

(d) Under the supervision of a physician.

72437

(3) A physician, chiropractor, or other licensed health care	72438
provider who makes an assessment or grants a clearance for	72439
purposes of division (E)(1) of this section may be a volunteer.	72440

(F)(1) A youth sports organization or official, employee, or	72441
volunteer of a youth sports organization, including a coach or	72442
referee, is not liable in damages in a civil action for injury,	72443
death, or loss to person or property allegedly arising from	72444
providing services or performing duties under this section, unless	72445
the act or omission constitutes willful or wanton misconduct.	72446

(2) This section does not eliminate, limit, or reduce any	72447
other immunity or defense that a public entity, public official,	72448
or public employee may be entitled to under Chapter 2744. or any	72449
other provision of the Revised Code or under the common law of	72450
this state.	72451

Sec. 3709.01. The state shall be divided into health	72452
districts. Each city constitutes a health district and shall be	72453
known as a "city health district."	72454

The townships and villages in each county shall be combined	72455
into a health district and shall be known as a "general health	72456
district."	72457

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	72458
3709.10 of the Revised Code, there may be a union of two or more	72459
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	72460
of two or more ~~contiguous~~ city health districts to form a single	72461
city health district, or a union of a general health district and	72462
one or more city health districts located within or partially	72463
within such general health district.	72464

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	72465
may be united to form a single city health district by a majority	72466
affirmative vote of the legislative authority of each city	72467
affected by the union.	72468

If at least three per cent of the qualified electors residing	72469
within each of two or more ~~contiguous~~ city health districts sign a	72470
petition proposing a union into a single city health district, an	72471
election shall be held as provided in this section to determine	72472
whether a single city health district shall be formed. The	72473
petition for union may specify regarding the board of health of	72474
the new district:	72475

(A) The qualifications for membership;

72476

(B) The term of office;

72477

(C) The number of members or a method by which the number may	72478
be determined from time to time;	72479

(D) The method of appointment.

72480

Such petition shall be filed with the boards of county	72481
commissioners of the respective counties affected, subject to	72482
approval of the director of health, and such boards shall promptly	72483
certify the text of the proposal to the boards of election for the	72484
purpose of having the proposal placed on the ballot at the next	72485
general election occurring more than ninety days after such	72486
certification. The election procedures provided in Chapter 3505.	72487
of the Revised Code for questions and issues shall apply to the	72488
election. If a majority of the electors voting on the proposal in	72489
each of the health districts affected vote in favor thereof, the	72490
union of such districts into a single city health district shall	72491
be established on the second succeeding first day of January.	72492

Sec. 3709.10. When it is proposed that two or more	72493
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	72494
the formation of one general health district, the district	72495
advisory council of each general health district shall meet and	72496
vote on the question of union. An affirmative majority vote of the	72497
district advisory council shall be required for approval. When the	72498
district advisory councils have voted affirmatively on the	72499
question, they shall meet in joint session and shall elect a board	72500
of health for the combined districts. Each original general health	72501
district shall be entitled to at least one member on the board of	72502
health of the combined districts.	72503

When such union is completed, ~~such~~the district shall	72504
constitute a general health district and shall be governed in the	72505
manner provided for general health districts. When two or more	72506
general health districts unite to form one district, the office of	72507
the board of health shall be located at the county seat of the	72508
county selected by the joint board of district advisory councils.	72509

When two or more general health districts have been combined	72510
into a single district, the county auditor of the county selected	72511
by the joint board of district advisory councils as the location	72512
of the central office of the board of health shall be the auditor	72513
of such district and the county treasurer of such county shall be	72514
the custodian of the health funds of such district. When the	72515
budget of such combined general health district is a matter for	72516
consideration, the members of the budget commissions of the	72517
counties constituting the district shall sit as a joint board for	72518
considering and acting on such budget.	72519

Sec. 3712.051. (A) As used in this division, "person" does	72520
not include a member of an interdisciplinary team, as defined in	72521
section 3712.01 of the Revised Code, or any individual who is	72522
employed by a person or public agency licensed under section	72523
3712.041 of the Revised Code.	72524

Except as provided in division (B) of this section, no person	72525
or public agency, other than a person or public agency licensed	72526
pursuant to section 3712.041 of the Revised Code, shall hold	72527
itself out as providing a pediatric respite care program, or	72528
provide a pediatric respite care program, or use the term	72529
"pediatric respite care program" or any term containing "pediatric	72530
respite care" to describe or refer to a health program, facility,	72531
or agency.	72532

(B) Division (A) of this section does not apply to any of the	72533
following:	72534

(1) A hospital;

72535

(2) A nursing home or residential care facility, as those	72536
terms are defined in section 3721.01 of the Revised Code;	72537

(3) A home health agency, if it provides services under	72538
contract with a person or public agency providing a pediatric	72539
respite care program licensed under section 3712.041 of the	72540
Revised Code;	72541

(4) A regional, state, or national nonprofit organization	72542
whose members are providers of pediatric respite care programs,	72543
individuals interested in pediatric respite care programs, or	72544
both, as long as the organization does not provide or represent	72545
that it provides pediatric respite care programs;	72546

(5) A person or government entity certified under section	72547
5123.161 of the Revised Code as a supported living provider;	72548

(6) A residential facility licensed under section 5123.19 of	72549
the Revised Code;	72550

(7) A respite care home certified under section 5126.05 of	72551
the Revised Code;	72552

(8) A person providing respite care under a family support	72553
services program established under section 5126.11 of the Revised	72554
Code;	72555

(9) A person or government entity providing respite care	72556
under a medicaid waiver component that the department of	72557
developmental disabilities administers pursuant to section	72558
~~5111.871~~5166.21 of the Revised Code.	72559

(C) The department of health shall petition the court of	72560
common pleas of any county in which a person or public agency,	72561
without a license granted under section 3712.041 of the Revised	72562
Code, is holding itself out as providing a pediatric respite care	72563
program, is providing a pediatric respite care program, or is	72564
representing a health program, facility, or agency as a pediatric	72565
respite care program, for an order enjoining that person or public	72566
agency from conducting those activities without a license. The	72567
court has jurisdiction to grant injunctive relief upon a showing	72568
that the respondent named in the petition is conducting those	72569
activities without a license.	72570

Any person or public agency may request the department to	72571
petition the court for injunctive relief under this division, and	72572
the department shall do so if it determines that the person or	72573
public agency named in the request is violating division (A) of	72574
this section.	72575

Sec. 3712.07. (A) As used in this section, "terminal care	72576
facility for the homeless" means a facility that provides	72577
accommodations to homeless individuals who are terminally ill.	72578

(B) A person or public agency licensed under this chapter to	72579
provide a hospice care program may enter into an agreement with a	72580
terminal care facility for the homeless under which hospice care	72581
program services may be provided to individuals residing at the	72582
facility, if all of the following apply:	72583

(1) Each resident of the facility has been diagnosed by a	72584
physician as having a terminal condition and an anticipated life	72585
expectancy of six months or less;	72586

(2) No resident of the facility has a relative or other	72587
person willing or capable of providing the care necessary to cope	72588
with ~~his~~the resident's terminal illness or is financially capable	72589
of hiring a person to provide such care;	72590

(3) Each resident of the facility is under the direct care of	72591
a physician;	72592

(4) No resident of the facility requires the staff of the	72593
facility to administer medication by injection;	72594

(5) The facility does not receive any remuneration, directly	72595
or indirectly, from the residents;	72596

(6) The facility does not receive any remuneration, directly	72597
or indirectly, from the ~~medical assistance~~medicaid program	72598
~~established under section 5111.01 of the Revised Code~~ or the	72599
medicare program ~~established under Title XVIII of the "Social~~	72600
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	72601

(7) The facility meets all applicable state and federal	72602
health and safety standards, including standards for fire	72603
prevention, maintenance of safe and sanitary conditions, and	72604
proper preparation and storage of foods.	72605

(C) Hospice care program services may be provided at a	72606
terminal care facility for the homeless only by the personnel of	72607
the person or public agency that has entered into an agreement	72608
with the facility under this section.	72609

(D) A terminal care facility for the homeless that has	72610
entered into an agreement under this section may assist its	72611
residents with the self-administration of medication if the	72612
medication has been prescribed by a physician and is not	72613
administered by injection. In the event that a resident has	72614
entered the final stages of dying and is no longer mentally alert,	72615
the facility may administer medication to that resident if the	72616
medication has been prescribed by a physician and is not	72617
administered by injection. Determinations of whether an individual	72618
has entered the final stages of dying and is no longer mentally	72619
alert shall be based on directions from the personnel who provide	72620
hospice care program services at the facility.	72621

Sec. 3712.09. (A) As used in this section:

72622

(1) "Applicant" means a person who is under final	72623
consideration for employment with a hospice care program or	72624
pediatric respite care program in a full-time, part-time, or	72625
temporary position that involves providing direct care to an older	72626
adult or pediatric respite care patient. "Applicant" does not	72627
include a person who provides direct care as a volunteer without	72628
receiving or expecting to receive any form of remuneration other	72629
than reimbursement for actual expenses.	72630

(2) "Criminal records check" has the same meaning as in	72631
section 109.572 of the Revised Code.	72632

(3) "Older adult" means a person age sixty or older.

72633

(B)(1) Except as provided in division (I) of this section,	72634
the chief administrator of a hospice care program or pediatric	72635
respite care program shall request that the superintendent of the	72636
bureau of criminal identification and investigation conduct a	72637
criminal records check of each applicant. If an applicant for whom	72638
a criminal records check request is required under this division	72639
does not present proof of having been a resident of this state for	72640
the five-year period immediately prior to the date the criminal	72641
records check is requested or provide evidence that within that	72642
five-year period the superintendent has requested information	72643
about the applicant from the federal bureau of investigation in a	72644
criminal records check, the chief administrator shall request that	72645
the superintendent obtain information from the federal bureau of	72646
investigation as part of the criminal records check of the	72647
applicant. Even if an applicant for whom a criminal records check	72648
request is required under this division presents proof of having	72649
been a resident of this state for the five-year period, the chief	72650
administrator may request that the superintendent include	72651
information from the federal bureau of investigation in the	72652
criminal records check.	72653

(2) A person required by division (B)(1) of this section to	72654
request a criminal records check shall do both of the following:	72655

(a) Provide to each applicant for whom a criminal records	72656
check request is required under that division a copy of the form	72657
prescribed pursuant to division (C)(1) of section 109.572 of the	72658
Revised Code and a standard fingerprint impression sheet	72659
prescribed pursuant to division (C)(2) of that section, and obtain	72660
the completed form and impression sheet from the applicant;	72661

(b) Forward the completed form and impression sheet to the	72662
superintendent of the bureau of criminal identification and	72663
investigation.	72664

(3) An applicant provided the form and fingerprint impression	72665
sheet under division (B)(2)(a) of this section who fails to	72666
complete the form or provide fingerprint impressions shall not be	72667
employed in any position for which a criminal records check is	72668
required by this section.	72669

(C)(1) Except as provided in rules adopted by the director of	72670
health in accordance with division (F) of this section and subject	72671
to division (C)(2) of this section, no hospice care program or	72672
pediatric respite care program shall employ a person in a position	72673
that involves providing direct care to an older adult or pediatric	72674
respite care patient if the person has been convicted of or	72675
pleaded guilty to any of the following:	72676

(a) A violation of section 2903.01, 2903.02, 2903.03,	72677
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	72678
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	72679
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	72680
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	72681
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	72682
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	72683
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	72684
2925.22, 2925.23, or 3716.11 of the Revised Code.	72685

(b) A violation of an existing or former law of this state,	72686
any other state, or the United States that is substantially	72687
equivalent to any of the offenses listed in division (C)(1)(a) of	72688
this section.	72689

(2)(a) A hospice care program or pediatric respite care	72690
program may employ conditionally an applicant for whom a criminal	72691
records check request is required under division (B) of this	72692
section prior to obtaining the results of a criminal records check	72693
regarding the individual, provided that the program shall request	72694
a criminal records check regarding the individual in accordance	72695
with division (B)(1) of this section not later than five business	72696
days after the individual begins conditional employment. In the	72697
circumstances described in division (I)(2) of this section, a	72698
hospice care program or pediatric respite care program may employ	72699
conditionally an applicant who has been referred to the hospice	72700
care program or pediatric respite care program by an employment	72701
service that supplies full-time, part-time, or temporary staff for	72702
positions involving the direct care of older adults or pediatric	72703
respite care patients and for whom, pursuant to that division, a	72704
criminal records check is not required under division (B) of this	72705
section.	72706

(b) A hospice care program or pediatric respite care program	72707
that employs an individual conditionally under authority of	72708
division (C)(2)(a) of this section shall terminate the	72709
individual's employment if the results of the criminal records	72710
check requested under division (B) of this section or described in	72711
division (I)(2) of this section, other than the results of any	72712
request for information from the federal bureau of investigation,	72713
are not obtained within the period ending thirty days after the	72714
date the request is made. Regardless of when the results of the	72715
criminal records check are obtained, if the results indicate that	72716
the individual has been convicted of or pleaded guilty to any of	72717
the offenses listed or described in division (C)(1) of this	72718
section, the program shall terminate the individual's employment	72719
unless the program chooses to employ the individual pursuant to	72720
division (F) of this section. Termination of employment under this	72721
division shall be considered just cause for discharge for purposes	72722
of division (D)(2) of section 4141.29 of the Revised Code if the	72723
individual makes any attempt to deceive the program about the	72724
individual's criminal record.	72725

(D)(1) Each hospice care program or pediatric respite care	72726
program shall pay to the bureau of criminal identification and	72727
investigation the fee prescribed pursuant to division (C)(3) of	72728
section 109.572 of the Revised Code for each criminal records	72729
check conducted pursuant to a request made under division (B) of	72730
this section.	72731

(2) A hospice care program or pediatric respite care program	72732
may charge an applicant a fee not exceeding the amount the program	72733
pays under division (D)(1) of this section. A program may collect	72734
a fee only if both of the following apply:	72735

(a) The program notifies the person at the time of initial	72736
application for employment of the amount of the fee and that,	72737
unless the fee is paid, the person will not be considered for	72738
employment;	72739

(b) The ~~medical assistance~~medicaid program ~~established under~~	72740
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	72741
the fee it pays under division (D)(1) of this section.	72742

(E) The report of a criminal records check conducted pursuant	72743
to a request made under this section is not a public record for	72744
the purposes of section 149.43 of the Revised Code and shall not	72745
be made available to any person other than the following:	72746

(1) The individual who is the subject of the criminal records	72747
check or the individual's representative;	72748

(2) The chief administrator of the program requesting the	72749
criminal records check or the administrator's representative;	72750

(3) The administrator of any other facility, agency, or	72751
program that provides direct care to older adults or pediatric	72752
respite care patients that is owned or operated by the same entity	72753
that owns or operates the hospice care program or pediatric	72754
respite care program;	72755

(4) A court, hearing officer, or other necessary individual	72756
involved in a case dealing with a denial of employment of the	72757
applicant or dealing with employment or unemployment benefits of	72758
the applicant;	72759

(5) Any person to whom the report is provided pursuant to,	72760
and in accordance with, division (I)(1) or (2) of this section.	72761

(F) The director of health shall adopt rules in accordance	72762
with Chapter 119. of the Revised Code to implement this section.	72763
The rules shall specify circumstances under which a hospice care	72764
program or pediatric respite care program may employ a person who	72765
has been convicted of or pleaded guilty to an offense listed or	72766
described in division (C)(1) of this section but meets personal	72767
character standards set by the director.	72768

(G) The chief administrator of a hospice care program or	72769
pediatric respite care program shall inform each individual, at	72770
the time of initial application for a position that involves	72771
providing direct care to an older adult or pediatric respite care	72772
patient, that the individual is required to provide a set of	72773
fingerprint impressions and that a criminal records check is	72774
required to be conducted if the individual comes under final	72775
consideration for employment.	72776

(H) In a tort or other civil action for damages that is	72777
brought as the result of an injury, death, or loss to person or	72778
property caused by an individual who a hospice care program or	72779
pediatric respite care program employs in a position that involves	72780
providing direct care to older adults or pediatric respite care	72781
patients, all of the following shall apply:	72782

(1) If the program employed the individual in good faith and	72783
reasonable reliance on the report of a criminal records check	72784
requested under this section, the program shall not be found	72785
negligent solely because of its reliance on the report, even if	72786
the information in the report is determined later to have been	72787
incomplete or inaccurate;	72788

(2) If the program employed the individual in good faith on a	72789
conditional basis pursuant to division (C)(2) of this section, the	72790
program shall not be found negligent solely because it employed	72791
the individual prior to receiving the report of a criminal records	72792
check requested under this section;	72793

(3) If the program in good faith employed the individual	72794
according to the personal character standards established in rules	72795
adopted under division (F) of this section, the program shall not	72796
be found negligent solely because the individual prior to being	72797
employed had been convicted of or pleaded guilty to an offense	72798
listed or described in division (C)(1) of this section.	72799

(I)(1) The chief administrator of a hospice care program or	72800
pediatric respite care program is not required to request that the	72801
superintendent of the bureau of criminal identification and	72802
investigation conduct a criminal records check of an applicant if	72803
the applicant has been referred to the program by an employment	72804
service that supplies full-time, part-time, or temporary staff for	72805
positions involving the direct care of older adults or pediatric	72806
respite care patients and both of the following apply:	72807

(a) The chief administrator receives from the employment	72808
service or the applicant a report of the results of a criminal	72809
records check regarding the applicant that has been conducted by	72810
the superintendent within the one-year period immediately	72811
preceding the applicant's referral;	72812

(b) The report of the criminal records check demonstrates	72813
that the person has not been convicted of or pleaded guilty to an	72814
offense listed or described in division (C)(1) of this section, or	72815
the report demonstrates that the person has been convicted of or	72816
pleaded guilty to one or more of those offenses, but the hospice	72817
care program or pediatric respite care program chooses to employ	72818
the individual pursuant to division (F) of this section.	72819

(2) The chief administrator of a hospice care program or	72820
pediatric respite care program is not required to request that the	72821
superintendent of the bureau of criminal identification and	72822
investigation conduct a criminal records check of an applicant and	72823
may employ the applicant conditionally as described in this	72824
division, if the applicant has been referred to the program by an	72825
employment service that supplies full-time, part-time, or	72826
temporary staff for positions involving the direct care of older	72827
adults or pediatric respite care patients and if the chief	72828
administrator receives from the employment service or the	72829
applicant a letter from the employment service that is on the	72830
letterhead of the employment service, dated, and signed by a	72831
supervisor or another designated official of the employment	72832
service and that states that the employment service has requested	72833
the superintendent to conduct a criminal records check regarding	72834
the applicant, that the requested criminal records check will	72835
include a determination of whether the applicant has been	72836
convicted of or pleaded guilty to any offense listed or described	72837
in division (C)(1) of this section, that, as of the date set forth	72838
on the letter, the employment service had not received the results	72839
of the criminal records check, and that, when the employment	72840
service receives the results of the criminal records check, it	72841
promptly will send a copy of the results to the hospice care	72842
program or pediatric respite care program. If a hospice care	72843
program or pediatric respite care program employs an applicant	72844
conditionally in accordance with this division, the employment	72845
service, upon its receipt of the results of the criminal records	72846
check, promptly shall send a copy of the results to the hospice	72847
care program or pediatric respite care program, and division	72848
(C)(2)(b) of this section applies regarding the conditional	72849
employment.	72850

Sec. 3713.06. (A) Any person required to register under	72851
division (A) of section 3713.02 of the Revised Code who imports	72852
bedding or stuffed toys into this state for retail sale or use in	72853
this state and any person required to register under division (A)	72854
of section 3713.02 of the Revised Code who manufactures bedding or	72855
stuffed toys in this state for retail sale or use in this state	72856
shall submit a report to the superintendent of industrial	72857
compliance, in a form and manner prescribed by the superintendent.	72858
The form shall be submitted once ~~every six months~~per year and	72859
shall show the total number of items of bedding or stuffed toys	72860
imported into this state or manufactured in this state. Each	72861
report shall be accompanied by a fee of four cents for each item	72862
of bedding or stuffed toy imported into this state or manufactured	72863
in this state.	72864

(B) Every importer, manufacturer, or wholesaler of stuffed	72865
toys or articles of bedding, and every mobile home and	72866
recreational vehicle dealer, conversion van dealer, secondhand	72867
dealer, and auction house shall retain records, designated by the	72868
superintendent in rule, for the time period established in rule.	72869

(C) Every importer, manufacturer, or wholesaler of stuffed	72870
toys or articles of bedding, and every mobile home and	72871
recreational vehicle dealer, conversion van dealer, secondhand	72872
dealer, and auction house shall make sufficient investigation of	72873
its records to ensure that the information reported to the	72874
superintendent under division (A) of this section is accurate.	72875

Sec. 3714.03. (A) As used in this section:

72876

(1) "Aquifer system" means one or more geologic units or	72877
formations that are wholly or partially saturated with water and	72878
are capable of storing, transmitting, and yielding significant	72879
amounts of water to wells or springs.	72880

(2) "Category 3 wetland" means a wetland that supports	72881
superior habitat or hydrological or recreational functions as	72882
determined by an appropriate wetland evaluation methodology	72883
acceptable to the director of environmental protection. "Category	72884
3 wetland" includes a wetland with high levels of diversity, a	72885
high proportion of native species, and high functional values and	72886
includes, but is not limited to, a wetland that contains or	72887
provides habitat for threatened or endangered species. "Category 3	72888
wetland" may include high quality forested wetlands, including old	72889
growth forested wetlands, mature forested riparian wetlands,	72890
vernal pools, bogs, fens, and wetlands that are scarce regionally.	72891

(3) "Natural area" means either of the following:

72892

(a) An area designated by the director of natural resources	72893
as a wild, scenic, or recreational river under section 1547.81 of	72894
the Revised Code;	72895

(b) An area designated by the United States department of the	72896
interior as a national wild, scenic, or recreational river.	72897

(4) "Occupied dwelling" means a residential dwelling and also	72898
includes a place of worship as defined in section 5104.01 of the	72899
Revised Code, a child day-care center as defined in that section,	72900
a hospital as defined in section 3727.01 of the Revised Code, a	72901
nursing home as defined in that section, a school, and a	72902
restaurant or other eating establishment. "Occupied dwelling" does	72903
not include a dwelling owned or controlled by the owner or	72904
operator of a construction and demolition debris facility to which	72905
the siting criteria established under this section are being	72906
applied.	72907

(5) "Residential dwelling" means a building used or intended	72908
to be used in whole or in part as a personal residence by the	72909
owner, part-time owner, or lessee of the building or any person	72910
authorized by the owner, part-time owner, or lessee to use the	72911
building as a personal residence.	72912

(B) Neither the director of environmental protection nor any	72913
board of health shall issue a permit to install under section	72914
3714.051 of the Revised Code to establish a new construction and	72915
demolition debris facility when any portion of the facility is	72916
proposed to be located in either of the following locations:	72917

(1) Within the boundaries of a one-hundred-year flood plain,	72918
as those boundaries are shown on the applicable maps prepared	72919
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	72920
U.S.C.A. 4001, as amended, unless the owner or operator has	72921
obtained an exemption from division (B)(1) of this section in	72922
accordance with section 3714.04 of the Revised Code. If no such	72923
maps have been prepared, the boundaries of a one-hundred-year	72924
flood plain shall be determined by the applicant for a permit	72925
based upon standard methodologies set forth in "urban hydrology	72926
for small watersheds" (soil conservation service technical release	72927
number 55) and section 4 of the "national engineering hydrology	72928
handbook" of the soil conservation service of the United States	72929
department of agriculture.	72930

(2) Within the boundaries of a sole source aquifer designated	72931
by the administrator of the United States environmental protection	72932
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	72933
42 U.S.C.A. 300f, as amended.	72934

(C) Neither the director nor any board shall issue a permit	72935
to install under section 3714.051 of the Revised Code to establish	72936
a new construction and demolition debris facility when the	72937
horizontal limits of construction and demolition debris placement	72938
at the new facility are proposed to be located in any of the	72939
following locations:	72940

(1) Within one hundred feet of a perennial stream as defined	72941
by the United States geological survey seven and one-half minute	72942
quadrangle map or a category 3 wetland;	72943

(2) Within one hundred feet of the facility's property line;

72944

(3)(a) Except as provided in division (C)(3)(b) of this	72945
section, within five hundred feet of a residential or public water	72946
supply well.	72947

(b) Division (C)(3)(a) of this section does not apply to a	72948
residential well under any of the circumstances specified in	72949
divisions (C)(3)(b)(i) to (iii) of this section as follows:	72950

(i) The well is controlled by the owner or operator of the	72951
construction and demolition debris facility.	72952

(ii) The well is hydrologically separated from the horizontal	72953
limits of construction and demolition debris placement.	72954

(iii) The well is at least three hundred feet upgradient from	72955
the horizontal limits of construction and demolition debris	72956
placement and division (D) of this section does not prohibit the	72957
issuance of the permit to install.	72958

(4) Within five hundred feet of a park created or operated	72959
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	72960
of the Revised Code, a state park established or dedicated under	72961
Chapter 1541. of the Revised Code, a state park purchase area	72962
established under section 1541.02 of the Revised Code, a national	72963
recreation area, any unit of the national park system, or any	72964
property that lies within the boundaries of a national park or	72965
recreation area, but that has not been acquired or is not	72966
administered by the secretary of the United States department of	72967
the interior, located in this state, or any area located in this	72968
state that is recommended by the secretary for study for potential	72969
inclusion in the national park system in accordance with "The Act	72970
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	72971

(5) Within five hundred feet of a natural area, any area	72972
established by the department of natural resources as a state	72973
wildlife area under Chapter 1531. of the Revised Code and rules	72974
adopted under it, any area that is formally dedicated as a nature	72975
preserve under section 1517.05 of the Revised Code, or any area	72976
designated by the United States department of the interior as a	72977
national wildlife refuge;	72978

(6) Within five hundred feet of a lake or reservoir of one	72979
acre or more that is hydrogeologically connected to ground water.	72980
For purposes of division (C)(6) of this section, a lake or	72981
reservoir does not include a body of water constructed and used	72982
for purposes of surface water drainage or sediment control.	72983

(7) Within five hundred feet of a state forest purchased or	72984
otherwise acquired under Chapter 1503. of the Revised Code;	72985

(8) ~~Within five hundred feet of land that is placed on the~~	72986
~~state registry of historic landmarks under section 149.55 of the~~	72987
~~Revised Code;~~	72988

~~(9)~~ Within five hundred feet of an occupied dwelling unless	72989
written permission is given by the owner of the dwelling.	72990

(D) Neither the director nor any board shall issue a permit	72991
to install under section 3714.051 of the Revised Code to establish	72992
a new construction and demolition debris facility when the limits	72993
of construction and demolition debris placement at the new	72994
facility are proposed to have an isolation distance of less than	72995
five feet from the uppermost aquifer system that consists of	72996
material that has a maximum hydraulic conductivity of 1 x 10-5	72997
cm/sec and all of the geologic material comprising the isolation	72998
distance has a hydraulic conductivity equivalent to or less than 1	72999
x 10-6 cm/sec.	73000

(E) Neither the director nor any board shall issue a permit	73001
to install under section 3714.051 of the Revised Code to establish	73002
a new construction and demolition debris facility when the road	73003
that is designated by the owner or operator as the main hauling	73004
road at the facility to and from the limits of construction and	73005
demolition debris placement is proposed to be located within five	73006
hundred feet of an occupied dwelling unless written permission is	73007
given by the owner of the occupied dwelling.	73008

(F) Neither the director nor any board shall issue a permit	73009
to install under section 3714.051 of the Revised Code to establish	73010
a new construction and demolition debris facility unless the new	73011
facility will have all of the following:	73012

(1) Access roads that shall be constructed in a manner that	73013
allows use in all weather conditions and will withstand the	73014
anticipated degree of use and minimize erosion and generation of	73015
dust;	73016

(2) Surface water drainage and sediment controls that are	73017
required by the director;	73018

(3) If the facility is proposed to be located in an area in	73019
which an applicable zoning resolution allows residential	73020
construction, vegetated earthen berms or an equivalent barrier	73021
with a minimum height of six feet separating the facility from	73022
adjoining property.	73023

(G)(1) The siting criteria established in this section shall	73024
be applied to an application for a permit to install at the time	73025
that the application is submitted to the director or a board of	73026
health, as applicable. Circumstances related to the siting	73027
criteria that change after the application is submitted shall not	73028
be considered in approving or disapproving the application.	73029

(2) The siting criteria established in this section by this	73030
amendment do not apply to an expansion of a construction and	73031
demolition debris facility that was in operation prior to December	73032
22, 2005, onto property within the property boundaries identified	73033
in the application for the initial license for that facility or	73034
any subsequent license issued for that facility up to and	73035
including the license issued for that facility for calendar year	73036
2005. The siting criteria established in this section prior to	73037
December 22, 2005, apply to such an expansion.	73038

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	73039
health and the environmental protection agency in administering	73040
and enforcing this chapter and rules adopted under it, there is	73041
hereby levied a fee of thirty cents per cubic yard or sixty cents	73042
per ton, as applicable, on both of the following:	73043

(a) The disposal of construction and demolition debris at a	73044
construction and demolition debris facility that is licensed under	73045
this chapter or at a solid waste facility that is licensed under	73046
Chapter 3734. of the Revised Code;	73047

(b) The disposal of asbestos or asbestos-containing materials	73048
or products at a construction and demolition debris facility that	73049
is licensed under this chapter or at a solid waste facility that	73050
is licensed under Chapter 3734. of the Revised Code.	73051

(2) The owner or operator of a construction and demolition	73052
debris facility or a solid waste facility shall determine if cubic	73053
yards or tons will be used as the unit of measurement. If basing	73054
the fee on cubic yards, the owner or operator shall utilize either	73055
the maximum cubic yard capacity of the container, or the hauling	73056
volume of the vehicle, that transports the construction and	73057
demolition debris to the facility or the cubic yards actually	73058
logged for disposal by the owner or operator in accordance with	73059
rules adopted under section 3714.02 of the Revised Code. If basing	73060
the fee on tonnage, the owner or operator shall use certified	73061
scales to determine the tonnage of construction and demolition	73062
debris that is disposed of.	73063

(3) The owner or operator of a construction and demolition	73064
debris facility or a solid waste facility shall calculate the	73065
amount of money generated from the fee levied under division	73066
(A)(1) of this section and shall hold that amount as a trustee for	73067
the health district having jurisdiction over the facility, if that	73068
district is on the approved list under section 3714.09 of the	73069
Revised Code, or for the state. The owner or operator shall	73070
prepare and file with the appropriate board of health or the	73071
director of environmental protection monthly returns indicating	73072
the total volume or weight, as applicable, of construction and	73073
demolition debris and asbestos or asbestos-containing materials or	73074
products disposed of at the facility and the total amount of money	73075
generated during that month from the fee levied under division	73076
(A)(1) of this section on the disposal of construction and	73077
demolition debris and asbestos or asbestos-containing materials or	73078
products. Not later than thirty days after the last day of the	73079
month to which the return applies, the owner or operator shall	73080
mail to the board of health or the director the return for that	73081
month together with the amount of money calculated under division	73082
(A)(3) of this section on the disposal of construction and	73083
demolition debris and asbestos or asbestos-containing materials or	73084
products during that month or may submit the return and money	73085
electronically in a manner approved by the director. The owner or	73086
operator may request, in writing, an extension of not more than	73087
thirty days after the last day of the month to which the return	73088
applies. A request for extension may be denied. If the owner or	73089
operator submits the money late, the owner or operator shall pay a	73090
penalty of ten per cent of the amount of the money due for each	73091
month that it is late.	73092

(4) Of the money that is submitted by a construction and	73093
demolition debris facility or a solid waste facility on a per	73094
cubic yard or per ton basis under this section, a board of health	73095
shall transmit three cents per cubic yard or six cents per ton, as	73096
applicable, to the director not later than forty-five days after	73097
the receipt of the money. The money retained by a board of health	73098
under this section shall be paid into a special fund, which is	73099
hereby created in each health district, and used solely tofor the	73100
following purposes:	73101

(a) To administer and enforce this chapter and rules adopted	73102
under it;	73103

(b) To abate abandoned accumulations of construction and	73104
demolition debris as provided in section 3714.074 of the Revised	73105
Code.	73106

The director shall transmit all money received under this	73107
section to the treasurer of state to be credited to the	73108
construction and demolition debris facility oversight fund, which	73109
is hereby created in the state treasury. The fund shall be	73110
administered by the director, and money credited to the fund shall	73111
be used exclusively for the administration and enforcement of this	73112
chapter and rules adopted under it.	73113

(B) The board of health of a health district or the director	73114
may enter into an agreement with the owner or operator of a	73115
construction and demolition debris facility or a solid waste	73116
facility for the quarterly payment of money generated from the	73117
disposal fee as calculated in division (A)(3) of this section. The	73118
board of health shall notify the director of any such agreement.	73119
Not later than forty-five days after receipt of the quarterly	73120
payment, the board of health shall transmit the amount established	73121
in division (A)(4) of this section to the director. The money	73122
retained by the board of health shall be deposited in the special	73123
fund of the district as required under that division. Upon receipt	73124
of the money from a board of health, the director shall transmit	73125
the money to the treasurer of state to be credited to the	73126
construction and demolition debris facility oversight fund.	73127

(C) If a construction and demolition debris facility or a	73128
solid waste facility is located within the territorial boundaries	73129
of a municipal corporation or the unincorporated area of a	73130
township, the municipal corporation or township may appropriate up	73131
to four cents per cubic yard or up to eight cents per ton of the	73132
disposal fee required to be paid by the facility under division	73133
(A)(1) of this section for the same purposes that a municipal	73134
corporation or township may levy a fee under division (C) of	73135
section 3734.57 of the Revised Code.	73136

The legislative authority of the municipal corporation or	73137
township may appropriate the money from the fee by enacting an	73138
ordinance or adopting a resolution establishing the amount of the	73139
fee to be appropriated. Upon doing so, the legislative authority	73140
shall mail a certified copy of the ordinance or resolution to the	73141
board of health of the health district in which the construction	73142
and demolition debris facility or the solid waste facility is	73143
located or, if the facility is located in a health district that	73144
is not on the approved list under section 3714.09 of the Revised	73145
Code, to the director. Upon receipt of the copy of the ordinance	73146
or resolution and not later than forty-five days after receipt of	73147
money generated from the fee, the board or the director, as	73148
applicable, shall transmit to the treasurer or other appropriate	73149
officer of the municipal corporation or clerk of the township that	73150
portion of the money generated from the disposal fee by the owner	73151
or operator of the facility that is required by the ordinance or	73152
resolution to be paid to that municipal corporation or township.	73153

Money received by the treasurer or other appropriate officer	73154
of a municipal corporation under this division shall be paid into	73155
the general fund of the municipal corporation. Money received by	73156
the clerk of a township under this division shall be paid into the	73157
general fund of the township. The treasurer or other officer of	73158
the municipal corporation or the clerk of the township, as	73159
appropriate, shall maintain separate records of the money received	73160
under this division.	73161

The legislative authority of a municipal corporation or	73162
township may cease appropriating money under this division by	73163
repealing the ordinance or resolution that was enacted or adopted	73164
under this division.	73165

The director shall adopt rules in accordance with Chapter	73166
119. of the Revised Code establishing requirements for prorating	73167
the amount of the fee that may be appropriated under this division	73168
by a municipal corporation or township in which only a portion of	73169
a construction and demolition debris facility is located within	73170
the territorial boundaries of the municipal corporation or	73171
township.	73172

(D) The board of county commissioners of a county in which a	73173
construction and demolition debris facility or a solid waste	73174
facility is located may appropriate up to three cents per cubic	73175
yard or up to six cents per ton of the disposal fee required to be	73176
paid by the facility under division (A)(1) of this section for the	73177
same purposes that a solid waste management district may levy a	73178
fee under division (B) of section 3734.57 of the Revised Code.	73179

The board of county commissioners may appropriate the money	73180
from the fee by adopting a resolution establishing the amount of	73181
the fee to be appropriated. Upon doing so, the board of county	73182
commissioners shall mail a certified copy of the resolution to the	73183
board of health of the health district in which the construction	73184
and demolition debris facility or the solid waste facility is	73185
located or, if the facility is located in a health district that	73186
is not on the approved list under section 3714.09 of the Revised	73187
Code, to the director. Upon receipt of the copy of the resolution	73188
and not later than forty-five days after receipt of money	73189
generated from the fee, the board of health or the director, as	73190
applicable, shall transmit to the treasurer of the county that	73191
portion of the money generated from the disposal fee by the owner	73192
or operator of the facility that is required by the resolution to	73193
be paid to that county.	73194

Money received by a county treasurer under this division	73195
shall be paid into the general fund of the county. The county	73196
treasurer shall maintain separate records of the money received	73197
under this division.	73198

A board of county commissioners may cease appropriating money	73199
under this division by repealing the resolution that was adopted	73200
under this division.	73201

(E)(1) This section does not apply to the disposal of	73202
construction and demolition debris at a solid waste facility that	73203
is licensed under Chapter 3734. of the Revised Code if there is no	73204
construction and demolition debris facility licensed under this	73205
chapter within thirty-five miles of the solid waste facility as	73206
determined by a facility's property boundaries.	73207

(2) This section does not apply to the disposal of	73208
construction and demolition debris at a solid waste facility that	73209
is licensed under Chapter 3734. of the Revised Code if the owner	73210
or operator of the facility chooses to collect fees on the	73211
disposal of the construction and demolition debris and asbestos or	73212
asbestos-containing materials or products that are identical to	73213
the fees that are collected under Chapters 343. and 3734. of the	73214
Revised Code on the disposal of solid wastes at that facility.	73215

(3) This section does not apply to the disposal of source	73216
separated materials that are exclusively composed of reinforced or	73217
nonreinforced concrete, asphalt, clay tile, building or paving	73218
brick, or building or paving stone at a construction and	73219
demolition debris facility that is licensed under this chapter	73220
when either of the following applies:	73221

(a) The materials are placed within the limits of	73222
construction and demolition debris placement at the facility as	73223
specified in the license issued to the facility under section	73224
3714.06 of the Revised Code, are not placed within the unloading	73225
zone of the facility, and are used as a fire prevention measure in	73226
accordance with rules adopted by the director under section	73227
3714.02 of the Revised Code.	73228

(b) The materials are not placed within the unloading zone of	73229
the facility or within the limits of construction and demolition	73230
debris placement at the facility as specified in the license	73231
issued to the facility under section 3714.06 of the Revised Code,	73232
but are used as fill material, either alone or in conjunction with	73233
clean soil, sand, gravel, or other clean aggregates, in legitimate	73234
fill operations for construction purposes at the facility or to	73235
bring the facility up to a consistent grade.	73236

Sec. 3714.074. (A) A board of health may use money in the	73237
board's special fund created in section 3714.07 of the Revised	73238
Code for the purpose specified in division (B) of this section if	73239
both of the following apply:	73240

(1) It is the end of the fiscal year.

73241

(2) The board determines that it has more money in the fund	73242
than is necessary for the board to administer and enforce this	73243
chapter and rules adopted under it for the following fiscal year.	73244

(B) A board of health may use excess money as described in	73245
division (A) of this section to abate abandoned accumulations of	73246
construction and demolition debris at a location for which a	73247
license has not been issued pursuant to section 3714.05 of the	73248
Revised Code if the board has reason to believe that there is a	73249
substantial threat to public health or safety or the environment	73250
and all of the following apply to the property on which the	73251
accumulations are located:	73252

(1) The construction and demolition debris was placed on the	73253
property under either of the following circumstances:	73254

(a) After the owner of the property acquired title to it;

73255

(b) Before the owner of the property acquired title to it if	73256
the owner acquired title to the property by bequest or devise.	73257

(2) The owner of the property did not have knowledge that the	73258
construction and demolition debris was being placed on the	73259
property, or the owner posted on the property signs prohibiting	73260
dumping or took other action to prevent the placing of	73261
construction and demolition debris on the property.	73262

(3) The owner of the property did not participate in or	73263
consent to the placement of the construction and demolition debris	73264
on the property.	73265

(4) The owner of the property did not receive any financial	73266
benefit from the placement of the construction and demolition	73267
debris on the property or from having the construction and	73268
demolition debris on the property.	73269

(5) Title to the property was not transferred to the owner of	73270
that property for the purpose of avoiding liability for violations	73271
of this chapter or rules adopted under it.	73272

(6) The person responsible for the placement of the	73273
construction and demolition debris on the property, in placing the	73274
construction and demolition debris on the property, was not acting	73275
as an agent for the owner of the property.	73276

Sec. 3717.08. (A) The director of agriculture and director	73277
of health shall strive to increase consumer confidence in the	73278
state's food supply by promoting food safety awareness and	73279
education. The efforts of the director of agriculture and director	73280
of health shall be made, when appropriate and available, through	73281
partnerships with representatives of retail food establishments,	73282
representatives of food service operations, and representatives of	73283
the academic community, including ~~the Ohio state university~~OSU	73284
extension ~~service~~.	73285

(B) As part of their promotion of food safety awareness, the	73286
director of agriculture and the director of health shall do the	73287
following:	73288

(1) Develop training programs regarding the Ohio uniform food	73289
safety code. The directors may offer the training programs	73290
separately but shall coordinate the content of the programs to the	73291
greatest extent practicable. The training programs shall be made	73292
available to the employees of the department of agriculture,	73293
employees of the department of health, representatives of boards	73294
of health and the health officials employed by the boards,	73295
representatives of retail food establishments, and representatives	73296
of food service operations.	73297

(2) Co-sponsor a biennial statewide food safety conference.	73298
Additional statewide food safety conferences may be held as	73299
considered appropriate by the director of agriculture and director	73300
of health.	73301

Sec. 3718.06. (A) A board of health shall establish fees in	73302
accordance with section 3709.09 of the Revised Code for the	73303
purpose of carrying out its duties under this chapter and rules	73304
adopted under it, including fees for installation permits,	73305
operation permits, and alteration permits issued by the board. All	73306
fees so established and collected by the board shall be deposited	73307
in a special fund of the district to be used exclusively by the	73308
board in carrying out those duties.	73309

(B) In accordance with Chapter 119. of the Revised Code, the	73310
director of health may establish by rule a fee to be collected	73311
from applicants for installation permits and alteration permits	73312
issued under rules adopted under this chapter. The director of	73313
health shall use not more than ~~seventy-five~~ninety per cent of the	73314
proceeds from that fee for administering and enforcing this	73315
chapter and the rules adopted under it by the director. The	73316
director shall use not less than ~~twenty-five~~ten per cent of the	73317
proceeds from that fee to establish a program in cooperation with	73318
boards of health to fund installation and evaluation of sewage	73319
treatment system new technology pilot projects through grants or	73320
other agreements. In the selection of pilot projects, the director	73321
shall consult with the sewage treatment system technical advisory	73322
committee. A board of health shall collect and transmit the fee to	73323
the director pursuant to section 3709.092 of the Revised Code.	73324

Sec. 3719.61. Nothing in the laws dealing with drugs of	73325
abuse shall be construed to prohibit treatment of narcotic drug	73326
dependent persons by the continuing maintenance of their	73327
dependence through the administration of methadone in accordance	73328
with the rules adopted by the department of ~~alcohol and drug~~	73329
~~addiction services~~mental health and addiction services under	73330
section ~~3793.11~~5119.39 of the Revised Code, when all of the	73331
following apply:	73332

(A) The likelihood that any person undergoing maintenance	73333
treatment will be cured of dependence on narcotic drugs is remote,	73334
the treatment is prescribed for the purpose of alleviating or	73335
controlling the patient's drug dependence, and the patient's	73336
prognosis while undergoing treatment is at least a partial	73337
improvement in the patient's asocial or antisocial behavior	73338
patterns;	73339

(B) In the case of an inpatient in a hospital or clinic, the	73340
amount of the maintenance drug dispensed at any one time does not	73341
exceed the quantity necessary for a single dose, and the dose is	73342
administered to the patient immediately;	73343

(C) In the case of an outpatient, the amount of the	73344
maintenance drug dispensed at any one time shall be determined by	73345
the patient's treatment provider taking into account the patient's	73346
progress in the treatment program and the patient's needs for	73347
gainful employment, education, and responsible homemaking, except	73348
that in no event shall the dosage be greater than the amount	73349
permitted by federal law and rules adopted by the department	73350
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	73351

(D) The drug is not dispensed in any case to replace or	73352
supplement any part of a supply of the drug previously dispensed,	73353
or when there is reasonable cause to believe it will be used or	73354
disposed of unlawfully;	73355

(E) The drug is dispensed through a program licensed and	73356
operated in accordance with section ~~3793.11~~5119.39 of the Revised	73357
Code.	73358

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	73359
3721.99 of the Revised Code:	73360

(1)(a) "Home" means an institution, residence, or facility	73361
that provides, for a period of more than twenty-four hours,	73362
whether for a consideration or not, accommodations to three or	73363
more unrelated individuals who are dependent upon the services of	73364
others, including a nursing home, residential care facility, home	73365
for the aging, and a veterans' home operated under Chapter 5907.	73366
of the Revised Code.	73367

(b) "Home" also means both of the following:

73368

(i) Any facility that a person, as defined in section 3702.51	73369
of the Revised Code, proposes for certification as a skilled	73370
nursing facility or nursing facility under Title XVIII or XIX of	73371
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	73372
as amended, and for which a certificate of need, other than a	73373
certificate to recategorize hospital beds as described in section	73374
3702.521 of the Revised Code or division (R)(7)(d) of the version	73375
of section 3702.51 of the Revised Code in effect immediately prior	73376
to April 20, 1995, has been granted to the person under sections	73377
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	73378

(ii) A county home or district home that is or has been	73379
licensed as a residential care facility.	73380

73381

(i) Except as provided in division (A)(1)(b) of this section,	73382
a public hospital or hospital as defined in section 3701.01 or	73383
5122.01 of the Revised Code;	73384

(ii) A residential facility as defined in section ~~5119.22~~	73385
5119.34 of the Revised Code;	73386

(iii) A residential facility as defined in section 5123.19 of	73387
the Revised Code;	73388

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	73389
services provider as defined in section ~~3793.01~~5119.01 of the	73390
Revised Code;	73391

(v) A facility licensed to provide methadone treatment under	73392
section ~~3793.11~~5119.39 of the Revised Code;	73393

(vi) A facility providing services under contract with the	73394
department of developmental disabilities under section 5123.18 of	73395
the Revised Code;	73396

(vii) A facility operated by a hospice care program licensed	73397
under section 3712.04 of the Revised Code that is used exclusively	73398
for care of hospice patients;	73399

(viii) A facility operated by a pediatric respite care	73400
program licensed under section 3712.041 of the Revised Code that	73401
is used exclusively for care of pediatric respite care patients;	73402

(ix) A facility, infirmary, or other entity that is operated	73403
by a religious order, provides care exclusively to members of	73404
religious orders who take vows of celibacy and live by virtue of	73405
their vows within the orders as if related, and does not	73406
participate in the medicare program ~~established under Title XVIII~~	73407
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	73408
program ~~established under Chapter 5111. of the Revised Code and~~	73409
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	73410
facility, infirmary, or entity was providing care exclusively to	73411
members of the religious order;	73412

(x) A county home or district home that has never been	73413
licensed as a residential care facility.	73414

(2) "Unrelated individual" means one who is not related to	73415
the owner or operator of a home or to the spouse of the owner or	73416
operator as a parent, grandparent, child, grandchild, brother,	73417
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	73418
uncle.	73419

(3) "Mental impairment" does not mean mental illness as	73420
defined in section 5122.01 of the Revised Code or mental	73421
retardation as defined in section 5123.01 of the Revised Code.	73422

(4) "Skilled nursing care" means procedures that require	73423
technical skills and knowledge beyond those the untrained person	73424
possesses and that are commonly employed in providing for the	73425
physical, mental, and emotional needs of the ill or otherwise	73426
incapacitated. "Skilled nursing care" includes, but is not limited	73427
to, the following:	73428

(a) Irrigations, catheterizations, application of dressings,	73429
and supervision of special diets;	73430

(b) Objective observation of changes in the patient's	73431
condition as a means of analyzing and determining the nursing care	73432
required and the need for further medical diagnosis and treatment;	73433

73434

(d) Administration of medication by any method ordered by a	73435
physician, such as hypodermically, rectally, or orally, including	73436
observation of the patient after receipt of the medication;	73437

(e) Carrying out other treatments prescribed by the physician	73438
that involve a similar level of complexity and skill in	73439
administration.	73440

(5)(a) "Personal care services" means services including, but	73441
not limited to, the following:	73442

(i) Assisting residents with activities of daily living;

73443

(ii) Assisting residents with self-administration of	73444
medication, in accordance with rules adopted under section 3721.04	73445
of the Revised Code;	73446

(iii) Preparing special diets, other than complex therapeutic	73447
diets, for residents pursuant to the instructions of a physician	73448
or a licensed dietitian, in accordance with rules adopted under	73449
section 3721.04 of the Revised Code.	73450

(b) "Personal care services" does not include "skilled	73451
nursing care" as defined in division (A)(4) of this section. A	73452
facility need not provide more than one of the services listed in	73453
division (A)(5)(a) of this section to be considered to be	73454
providing personal care services.	73455

(6) "Nursing home" means a home used for the reception and	73456
care of individuals who by reason of illness or physical or mental	73457
impairment require skilled nursing care and of individuals who	73458
require personal care services but not skilled nursing care. A	73459
nursing home is licensed to provide personal care services and	73460
skilled nursing care.	73461

(7) "Residential care facility" means a home that provides	73462
either of the following:	73463

(a) Accommodations for seventeen or more unrelated	73464
individuals and supervision and personal care services for three	73465
or more of those individuals who are dependent on the services of	73466
others by reason of age or physical or mental impairment;	73467

(b) Accommodations for three or more unrelated individuals,	73468
supervision and personal care services for at least three of those	73469
individuals who are dependent on the services of others by reason	73470
of age or physical or mental impairment, and, to at least one of	73471
those individuals, any of the skilled nursing care authorized by	73472
section 3721.011 of the Revised Code.	73473

(8) "Home for the aging" means a home that provides services	73474
as a residential care facility and a nursing home, except that the	73475
home provides its services only to individuals who are dependent	73476
on the services of others by reason of both age and physical or	73477
mental impairment.	73478

The part or unit of a home for the aging that provides	73479
services only as a residential care facility is licensed as a	73480
residential care facility. The part or unit that may provide	73481
skilled nursing care beyond the extent authorized by section	73482
3721.011 of the Revised Code is licensed as a nursing home.	73483

(9) "County home" and "district home" mean a county home or	73484
district home operated under Chapter 5155. of the Revised Code.	73485

(B) The director of health may further classify homes. For	73486
the purposes of this chapter, any residence, institution, hotel,	73487
congregate housing project, or similar facility that meets the	73488
definition of a home under this section is such a home regardless	73489
of how the facility holds itself out to the public.	73490

(C) For purposes of this chapter, personal care services or	73491
skilled nursing care shall be considered to be provided by a	73492
facility if they are provided by a person employed by or	73493
associated with the facility or by another person pursuant to an	73494
agreement to which neither the resident who receives the services	73495
nor the resident's sponsor is a party.	73496

(D) Nothing in division (A)(4) of this section shall be	73497
construed to permit skilled nursing care to be imposed on an	73498
individual who does not require skilled nursing care.	73499

Nothing in division (A)(5) of this section shall be construed	73500
to permit personal care services to be imposed on an individual	73501
who is capable of performing the activity in question without	73502
assistance.	73503

(E) Division (A)(1)(c)(ix) of this section does not prohibit	73504
a facility, infirmary, or other entity described in that division	73505
from seeking licensure under sections 3721.01 to 3721.09 of the	73506
Revised Code or certification under Title XVIII or XIX of the	73507
"Social Security Act." However, such a facility, infirmary, or	73508
entity that applies for licensure or certification must meet the	73509
requirements of those sections or titles and the rules adopted	73510
under them and obtain a certificate of need from the director of	73511
health under section 3702.52 of the Revised Code.	73512

(F) Nothing in this chapter, or rules adopted pursuant to it,	73513
shall be construed as authorizing the supervision, regulation, or	73514
control of the spiritual care or treatment of residents or	73515
patients in any home who rely upon treatment by prayer or	73516
spiritual means in accordance with the creed or tenets of any	73517
recognized church or religious denomination.	73518

Sec. 3721.011. (A) In addition to providing accommodations,	73519
supervision, and personal care services to its residents, a	73520
residential care facility may do the following:	73521

(1) Provide the following skilled nursing care to its	73522
residents:	73523

(a) Supervision of special diets;

73524

(b) Application of dressings, in accordance with rules	73525
adopted under section 3721.04 of the Revised Code;	73526

(c) Subject to division (B)(1) of this section,	73527
administration of medication.	73528

(2) Subject to division (C) of this section, provide other	73529
skilled nursing care on a part-time, intermittent basis for not	73530
more than a total of one hundred twenty days in a twelve-month	73531
period;	73532

(3) Provide skilled nursing care for more than one hundred	73533
twenty days in a twelve-month period to a resident when the	73534
requirements of division (D) of this section are met.	73535

A residential care facility may not admit or retain an	73536
individual requiring skilled nursing care that is not authorized	73537
by this section. A residential care facility may not provide	73538
skilled nursing care beyond the limits established by this	73539
section.	73540

(B)(1) A residential care facility may admit or retain an	73541
individual requiring medication, including biologicals, only if	73542
the individual's personal physician has determined in writing that	73543
the individual is capable of self-administering the medication or	73544
the facility provides for the medication to be administered to the	73545
individual by a home health agency certified under Title XVIII of	73546
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	73547
amended; a hospice care program licensed under Chapter 3712. of	73548
the Revised Code; or a member of the staff of the residential care	73549
facility who is qualified to perform medication administration.	73550
Medication may be administered in a residential care facility only	73551
by the following persons authorized by law to administer	73552
medication:	73553

(a) A registered nurse licensed under Chapter 4723. of the	73554
Revised Code;	73555

(b) A licensed practical nurse licensed under Chapter 4723.	73556
of the Revised Code who holds proof of successful completion of a	73557
course in medication administration approved by the board of	73558
nursing and who administers the medication only at the direction	73559
of a registered nurse or a physician authorized under Chapter	73560
4731. of the Revised Code to practice medicine and surgery or	73561
osteopathic medicine and surgery;	73562

(c) A medication aide certified under Chapter 4723. of the	73563
Revised Code;	73564

(d) A physician authorized under Chapter 4731. of the Revised	73565
Code to practice medicine and surgery or osteopathic medicine and	73566
surgery.	73567

(2) In assisting a resident with self-administration of	73568
medication, any member of the staff of a residential care facility	73569
may do the following:	73570

(a) Remind a resident when to take medication and watch to	73571
ensure that the resident follows the directions on the container;	73572

(b) Assist a resident by taking the medication from the	73573
locked area where it is stored, in accordance with rules adopted	73574
pursuant to section 3721.04 of the Revised Code, and handing it to	73575
the resident. If the resident is physically unable to open the	73576
container, a staff member may open the container for the resident.	73577

(c) Assist a physically impaired but mentally alert resident,	73578
such as a resident with arthritis, cerebral palsy, or Parkinson's	73579
disease, in removing oral or topical medication from containers	73580
and in consuming or applying the medication, upon request by or	73581
with the consent of the resident. If a resident is physically	73582
unable to place a dose of medicine to the resident's mouth without	73583
spilling it, a staff member may place the dose in a container and	73584
place the container to the mouth of the resident.	73585

(C) Except as provided in division (D) of this section, a	73586
residential care facility may admit or retain individuals who	73587
require skilled nursing care beyond the supervision of special	73588
diets, application of dressings, or administration of medication,	73589
only if the care will be provided on a part-time, intermittent	73590
basis for not more than a total of one hundred twenty days in any	73591
twelve-month period. In accordance with Chapter 119. of the	73592
Revised Code, the director of health shall adopt rules specifying	73593
what constitutes the need for skilled nursing care on a part-time,	73594
intermittent basis. The director shall adopt rules that are	73595
consistent with rules pertaining to home health care adopted by	73596
the medicaid director ~~of job and family services~~ for the medicaid	73597
program ~~established under Chapter 5111. of the Revised Code~~.	73598
Skilled nursing care provided pursuant to this division may be	73599
provided by a home health agency certified ~~under Title XVIII of~~	73600
~~the "Social Security Act~~for participation in the medicare	73601
program," a hospice care program licensed under Chapter 3712. of	73602
the Revised Code, or a member of the staff of a residential care	73603
facility who is qualified to perform skilled nursing care.	73604

A residential care facility that provides skilled nursing	73605
care pursuant to this division shall do both of the following:	73606

(1) Evaluate each resident receiving the skilled nursing care	73607
at least once every seven days to determine whether the resident	73608
should be transferred to a nursing home;	73609

(2) Meet the skilled nursing care needs of each resident	73610
receiving the care.	73611

(D)(1) A residential care facility may admit or retain an	73612
individual who requires skilled nursing care for more than one	73613
hundred twenty days in any twelve-month period only if the	73614
facility has entered into a written agreement with each of the	73615
following:	73616

(a) The individual or individual's sponsor;

73617

(b) The individual's personal physician;

73618

(c) Unless the individual's personal physician oversees the	73619
skilled nursing care, the provider of the skilled nursing care;	73620

(d) If the individual is a hospice patient as defined in	73621
section 3712.01 of the Revised Code, a hospice care program	73622
licensed under Chapter 3712. of the Revised Code.	73623

(2) The agreement required by division (D)(1) of this section	73624
shall include all of the following provisions:	73625

(a) That the individual will be provided skilled nursing care	73626
in the facility only if a determination has been made that the	73627
individual's needs can be met at the facility;	73628

(b) That the individual will be retained in the facility only	73629
if periodic redeterminations are made that the individual's needs	73630
are being met at the facility;	73631

(c) That the redeterminations will be made according to a	73632
schedule specified in the agreement;	73633

(d) If the individual is a hospice patient, that the	73634
individual has been given an opportunity to choose the hospice	73635
care program that best meets the individual's needs;	73636

(e) Unless the individual is a hospice patient, that the	73637
individual's personal physician has determined that the skilled	73638
nursing care the individual needs is routine.	73639

(E) Notwithstanding any other provision of this chapter, a	73640
residential care facility in which residents receive skilled	73641
nursing care pursuant to this section is not a nursing home.	73642

Sec. 3721.02. (A) As used in this section, "residential	73643
facility" means a residential facility licensed under section	73644
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	73645
supervision, and personal care services for three to sixteen	73646
unrelated adults.	73647

(B) The director of health shall license homes and establish	73648
procedures to be followed in inspecting and licensing homes. The	73649
director may inspect a home at any time. Each home shall be	73650
inspected by the director at least once prior to the issuance of a	73651
license and at least once every fifteen months thereafter. The	73652
state fire marshal or a township, municipal, or other legally	73653
constituted fire department approved by the marshal shall also	73654
inspect a home prior to issuance of a license, at least once every	73655
fifteen months thereafter, and at any other time requested by the	73656
director. A home does not have to be inspected prior to issuance	73657
of a license by the director, state fire marshal, or a fire	73658
department if ownership of the home is assigned or transferred to	73659
a different person and the home was licensed under this chapter	73660
immediately prior to the assignment or transfer. The director may	73661
enter at any time, for the purposes of investigation, any	73662
institution, residence, facility, or other structure that has been	73663
reported to the director or that the director has reasonable cause	73664
to believe is operating as a nursing home, residential care	73665
facility, or home for the aging without a valid license required	73666
by section 3721.05 of the Revised Code or, in the case of a county	73667
home or district home, is operating despite the revocation of its	73668
residential care facility license. The director may delegate the	73669
director's authority and duties under this chapter to any	73670
division, bureau, agency, or official of the department of health.	73671

(C) A single facility may be licensed both as a nursing home	73672
pursuant to this chapter and as a residential facility pursuant to	73673
section ~~5119.22~~5119.34 of the Revised Code if the director	73674
determines that the part or unit to be licensed as a nursing home	73675
can be maintained separate and discrete from the part or unit to	73676
be licensed as a residential facility.	73677

(D) In determining the number of residents in a home for the	73678
purpose of licensing, the director shall consider all the	73679
individuals for whom the home provides accommodations as one group	73680
unless one of the following is the case:	73681

(1) The home is a home for the aging, in which case all the	73682
individuals in the part or unit licensed as a nursing home shall	73683
be considered as one group, and all the individuals in the part or	73684
unit licensed as a rest home shall be considered as another group.	73685

(2) The home is both a nursing home and a residential	73686
facility. In that case, all the individuals in the part or unit	73687
licensed as a nursing home shall be considered as one group, and	73688
all the individuals in the part or unit licensed as an adult care	73689
facility shall be considered as another group.	73690

(3) The home maintains, in addition to a nursing home or	73691
residential care facility, a separate and discrete part or unit	73692
that provides accommodations to individuals who do not require or	73693
receive skilled nursing care and do not receive personal care	73694
services from the home, in which case the individuals in the	73695
separate and discrete part or unit shall not be considered in	73696
determining the number of residents in the home if the separate	73697
and discrete part or unit is in compliance with the Ohio basic	73698
building code established by the board of building standards under	73699
Chapters 3781. and 3791. of the Revised Code and the home permits	73700
the director, on request, to inspect the separate and discrete	73701
part or unit and speak with the individuals residing there, if	73702
they consent, to determine whether the separate and discrete part	73703
or unit meets the requirements of this division.	73704

(E)(1) The director of health shall charge the following	73705
application fee and annual renewal licensing and inspection fee	73706
for each fifty persons or part thereof of a home's licensed	73707
capacity:	73708

(a) For state fiscal year 2010, two hundred twenty dollars;

73709

(b) For state fiscal year 2011, two hundred seventy dollars;

73710

(c) For each state fiscal year thereafter, three hundred	73711
twenty dollars.	73712

(2) All fees collected by the director for the issuance or	73713
renewal of licenses shall be deposited into the state treasury to	73714
the credit of the general operations fund created in section	73715
3701.83 of the Revised Code for use only in administering and	73716
enforcing this chapter and rules adopted under it.	73717

(F)(1) Except as otherwise provided in this section, the	73718
results of an inspection or investigation of a home that is	73719
conducted under this section, including any statement of	73720
deficiencies and all findings and deficiencies cited in the	73721
statement on the basis of the inspection or investigation, shall	73722
be used solely to determine the home's compliance with this	73723
chapter or another chapter of the Revised Code in any action or	73724
proceeding other than an action commenced under division (I) of	73725
section 3721.17 of the Revised Code. Those results of an	73726
inspection or investigation, that statement of deficiencies, and	73727
the findings and deficiencies cited in that statement shall not be	73728
used in any court or in any action or proceeding that is pending	73729
in any court and are not admissible in evidence in any action or	73730
proceeding unless that action or proceeding is an appeal of an	73731
action by the department of health under this chapter or is an	73732
action by any department or agency of the state to enforce this	73733
chapter or another chapter of the Revised Code.	73734

(2) Nothing in division (E)(1) of this section prohibits the	73735
results of an inspection or investigation conducted under this	73736
section from being used in a criminal investigation or	73737
prosecution.	73738

Sec. 3721.022. (A) As used in this section:

73739

(1) "Nursing facility" has the same meaning as in section	73740
~~5111.20~~5165.01 of the Revised Code.	73741

(2) "Deficiency" and "survey" have the same meanings as in	73742
section ~~5111.35~~5165.60 of the Revised Code.	73743

(3) "Title XIX" and "Title XVIII" have the same meanings as	73744
in section 5165.01 of the Revised Code.	73745

(B) The department of health is hereby designated the state	73746
agency responsible for establishing and maintaining health	73747
standards and serving as the state survey agency for the purposes	73748
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	73749
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	73750
shall carry out these functions in accordance with the	73751
regulations, guidelines, and procedures issued under ~~Titles~~Title	73752
XVIII and Title XIX by the United States secretary of health and	73753
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	73754
5165.89 of the Revised Code. The director of health shall enter	73755
into agreements with regard to these functions with the department	73756
of ~~job and family services~~medicaid and the United States	73757
department of health and human services. The director may also	73758
enter into agreements with the department of ~~job and family~~	73759
~~services~~medicaid under which the department of health is	73760
designated to perform functions under sections ~~5111.35~~5165.60 to	73761
~~5111.62~~5165.89 of the Revised Code.	73762

The director, in accordance with Chapter 119. of the Revised	73763
Code, shall adopt rules necessary to implement the survey and	73764
certification requirements for skilled nursing facilities and	73765
nursing facilities established by the United States secretary of	73766
health and human services under ~~Titles~~Title XVIII and Title XIX	73767
~~of the "Social Security Act,"~~ and the survey requirements	73768
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	73769
the Revised Code. The rules shall include an informal process by	73770
which a facility may obtain up to two reviews of any deficiencies	73771
that have been cited on a statement of deficiencies made by the	73772
department of health under 42 C.F.R. Part 488 and cause the	73773
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	73774
The first review shall be conducted by an employee of the	73775
department who did not participate in and was not otherwise	73776
involved in any way with the survey. A facility that is not	73777
satisfied with the results of a first review may receive a second	73778
review on payment of a fee to the department. The amount of the	73779
fee shall be specified in rules adopted under this section. The	73780
fee shall be deposited into the state treasury to the credit of	73781
the general operations fund created in section 3701.83 of the	73782
Revised Code for use in the implementation of this section. The	73783
second review shall be conducted by either of the following as	73784
selected by the facility: a hearing officer employed by the	73785
department or a hearing officer included on a list the department	73786
shall provide the facility. A final determination that any	73787
deficiency citation is unjustified shall be reflected clearly in	73788
all records relating to the survey.	73789

The director need not adopt as rules any of the regulations,	73790
guidelines, or procedures issued under ~~Titles~~Title XVIII and	73791
Title XIX ~~of the "Social Security Act"~~ by the United States	73792
secretary of health and human services.	73793

Sec. 3721.024. As used in this section, "nursing facility"	73794
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	73795
Code.	73796

The department of health may establish a program of	73797
recognition of nursing facilities that provide the highest quality	73798
care to residents who are medicaid recipients ~~of medical~~	73799
~~assistance under Chapter 5111. of the Revised Code~~. The program	73800
may be funded with public funds appropriated by the general	73801
assembly for the purpose of the program or any funds appropriated	73802
for nursing home licensure.	73803

Sec. 3721.027. (A) As used in this section, "survey" has the	73804
same meaning as in section 5165.60 of the Revised Code.	73805

(B) The department of health shall investigate within ten	73806
working days after referral, in accordance with procedures and	73807
criteria to be established by the department of health and the	73808
department of aging, any unresolved complaint that the office of	73809
the state long-term care ~~ombudsperson~~ombudsman has investigated	73810
and found to be valid and refers to the department of health. This	73811
requirement does not supersede federal requirements for survey	73812
agency complaint investigations.	73813

Sec. 3721.042. The director of health may not deny a nursing	73814
home license to a facility seeking a license under this chapter as	73815
a nursing home on the grounds that the facility does not satisfy a	73816
requirement established in rules adopted under section 3721.04 of	73817
the Revised Code regarding the toilet rooms and dining and	73818
recreational areas of nursing homes if all of the following	73819
requirements are met:	73820

(A) The facility seeks a license under this chapter because	73821
it is a county home or district home being sold under section	73822
5155.31 of the Revised Code to a person who may not operate the	73823
facility without a nursing home license under this chapter.	73824

(B) The requirement would not have applied to the facility	73825
had the facility been a nursing home first licensed under this	73826
chapter before October 20, 2001.	73827

(C) The facility was a nursing facility, as defined in	73828
section ~~5111.20~~5165.01 of the Revised Code, on the date	73829
immediately preceding the date the facility is sold to the person	73830
seeking the license.	73831

Sec. 3721.071. The buildings in which a home is housed shall	73832
be equipped with both an automatic fire extinguishing system and	73833
fire alarm system. Such systems shall conform to standards set	73834
forth in the regulations of the board of building standards and	73835
the state fire marshal.	73836

The time for compliance with the requirements imposed by this	73837
section shall be January 1, 1975, except that the date for	73838
compliance with the automatic fire extinguishing requirements is	73839
extended to January 1, 1976, provided the buildings of the home	73840
are otherwise in compliance with fire safety laws and regulations	73841
and:	73842

(A) The home within thirty days after August 4, 1975, files a	73843
written plan with the state fire marshal's office that:	73844

(1) Outlines the interim safety procedures which shall be	73845
carried out to reduce the possibility of a fire;	73846

(2) Provides evidence that the home has entered into an	73847
agreement for a fire safety inspection to be conducted not less	73848
than monthly by a qualified independent safety engineer consultant	73849
or a township, municipal, or other legally constituted fire	73850
department, or by a township or municipal fire prevention officer;	73851

(3) Provides verification that the home has entered into a	73852
valid contract for the installation of an automatic fire	73853
extinguishing system or fire alarm system, or both, as required to	73854
comply with this section;	73855

(4) Includes a statement regarding the expected date for the	73856
completion of the fire extinguishing system or fire alarm system,	73857
or both.	73858

(B) Inspections by a qualified independent safety engineer	73859
consultant or a township, municipal, or other legally constituted	73860
fire department, or by a township or municipal fire prevention	73861
officer are initiated no later than sixty days after August 4,	73862
1975, and are conducted no less than monthly thereafter, and	73863
reports of the consultant, fire department, or fire prevention	73864
officer identifying existing hazards and recommended corrective	73865
actions are submitted to the state fire marshal, the division of	73866
industrial compliance in the department of commerce, and the	73867
department of health.	73868

It is the express intent of the general assembly that the	73869
department of ~~job and family services~~medicaid shall terminate	73870
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	73871
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	73872
agreements of those homes ~~which~~that do not comply with the	73873
requirements of this section for the submission of a written fire	73874
safety plan and the deadline for entering into contracts for the	73875
installation of systems.	73876

Sec. 3721.08. (A) As used in this section, "real and present	73877
danger" means imminent danger of serious physical or	73878
life-threatening harm to one or more occupants of a home.	73879

(B) The director of health may petition the court of common	73880
pleas of the county in which the home is located for an order	73881
enjoining any person from operating a home without a license or	73882
enjoining a county home or district home that has had its license	73883
revoked from continuing to operate. The court shall have	73884
jurisdiction to grant such injunctive relief upon a showing that	73885
the respondent named in the petition is operating a home without a	73886
license or that the county home or district home named in the	73887
petition is operating despite the revocation of its license. The	73888
court shall have jurisdiction to grant such injunctive relief	73889
against the operation of a home without a valid license regardless	73890
of whether the home meets essential licensing requirements.	73891

(C) Unless the department of ~~job and family services~~medicaid	73892
or contracting agency has taken action under section ~~5111.51~~	73893
5165.77 of the Revised Code to appoint a temporary manager or seek	73894
injunctive relief, if, in the judgment of the director of health,	73895
real and present danger exists at any home, the director may	73896
petition the court of common pleas of the county in which the home	73897
is located for such injunctive relief as is necessary to close the	73898
home, transfer one or more occupants to other homes or other	73899
appropriate care settings, or otherwise eliminate the real and	73900
present danger. The court shall have the jurisdiction to grant	73901
such injunctive relief upon a showing that there is real and	73902
present danger.	73903

(D)(1) If the director determines that real and present	73904
danger exists at a home and elects not to immediately seek	73905
injunctive relief under division (C) of this section, the director	73906
may give written notice of proposed action to the home. The notice	73907
shall specify all of the following:	73908

(a) The nature of the conditions giving rise to the real and	73909
present danger;	73910

(b) The measures that the director determines the home must	73911
take to respond to the conditions;	73912

(c) The date on which the director intends to seek injunctive	73913
relief under division (C) of this section if the director	73914
determines that real and present danger exists at the home.	73915

(2) If the home notifies the director, within the time	73916
specified pursuant to division (D)(1)(c) of this section, that it	73917
believes the conditions giving rise to the real and present danger	73918
have been substantially corrected, the director shall conduct an	73919
inspection to determine whether real and present danger exists. If	73920
the director determines on the basis of the inspection that real	73921
and present danger exists, the director may petition under	73922
division (C) of this section for injunctive relief.	73923

(E)(1) If in the judgment of the director of health	73924
conditions exist at a home that will give rise to real and present	73925
danger if not corrected, the director shall give written notice of	73926
proposed action to the home. The notice shall specify all of the	73927
following:	73928

(a) The nature of the conditions giving rise to the	73929
director's judgment;	73930

(b) The measures that the director determines the home must	73931
take to respond to the conditions;	73932

(c) The date, which shall be no less than ten days after the	73933
notice is delivered, on which the director intends to seek	73934
injunctive relief under division (C) of this section if the	73935
conditions are not substantially corrected and the director	73936
determines that a real and present danger exists.	73937

(2) If the home notifies the director, within the period of	73938
time specified pursuant to division (E)(1)(c) of this section,	73939
that the conditions giving rise to the director's determination	73940
have been substantially corrected, the director shall conduct an	73941
inspection. If the director determines on the basis of the	73942
inspection that the conditions have not been corrected and a real	73943
and present danger exists, the director may petition under	73944
division (C) of this section for injunctive relief.	73945

(F)(1) A court that grants injunctive relief under division	73946
(C) of this section may also appoint a special master who, subject	73947
to division (F)(2) of this section, shall have such powers and	73948
authority over the home and length of appointment as the court	73949
considers necessary. Subject to division (F)(2) of this section,	73950
the salary of a special master and any costs incurred by a special	73951
master shall be the obligation of the home.	73952

(2) No special master shall enter into any employment	73953
contract on behalf of a home, or purchase with the home's funds	73954
any capital goods totaling more than ten thousand dollars, unless	73955
the special master has obtained approval for the contract or	73956
purchase from the home's operator or the court.	73957

(G) If the director takes action under division (C), (D), or	73958
(E) of this section, the director may also appoint employees of	73959
the department of health to conduct on-site monitoring of the	73960
home. Appointment of monitors is not subject to appeal under	73961
Chapter 119. or any other section of the Revised Code. No employee	73962
of a home for which monitors are appointed, no person employed by	73963
the home within the previous two years, and no person who	73964
currently has a consulting contract with the department or a home,	73965
shall be appointed under this division. Every monitor shall have	73966
the professional qualifications necessary to monitor correction of	73967
the conditions that give rise to or, in the director's judgment,	73968
will give rise to real and present danger. The number of monitors	73969
present at a home at any given time shall not exceed one for every	73970
fifty residents, or fraction thereof.	73971

(H) On finding that the real and present danger for which	73972
injunctive relief was granted under division (C) of this section	73973
has been eliminated and that the home's operator has demonstrated	73974
the capacity to prevent the real and present danger from	73975
recurring, the court shall terminate its jurisdiction over the	73976
home and return control and management of the home to the	73977
operator. If the real and present danger cannot be eliminated	73978
practicably within a reasonable time following appointment of a	73979
special master, the court may order the special master to close	73980
the home and transfer all residents to other homes or other	73981
appropriate care settings.	73982

(I) The director of health shall give notice of proposed	73983
action under divisions (D) and (E) of this section to both of the	73984
following:	73985

(1) The home's administrator;

73986

(2) If the home is operated by an organization described in	73987
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	73988
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	73989
amended, the board of trustees of the organization; or, if the	73990
home is not operated by such an organization, the owner of the	73991
home.	73992

Notices shall be delivered by certified mail or hand	73993
delivery. If notices are mailed, they shall be addressed to the	73994
persons specified in divisions (I)(1) and (2) of this section, as	73995
indicated in the department of health's records. If they are hand	73996
delivered, they shall be delivered to persons who would reasonably	73997
appear to the average prudent person to have authority to accept	73998
them.	73999

(J) If ownership of a home is assigned or transferred to a	74000
different person, the new owner is responsible and liable for	74001
compliance with any notice of proposed action or order issued	74002
under this section prior to the effective date of the assignment	74003
or transfer.	74004

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	74005
Revised Code:	74006

(A) "Home" means all of the following:

74007

(1) A home as defined in section 3721.01 of the Revised Code;

74008

(2) Any facility or part of a facility not defined as a home	74009
under section 3721.01 of the Revised Code that is ~~certified as~~ a	74010
skilled nursing facility ~~under Title XVIII of the "Social Security~~	74011
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	74012
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	74013
5165.01 of the Revised Code;	74014

(3) A county home or district home operated pursuant to	74015
Chapter 5155. of the Revised Code.	74016

(B) "Resident" means a resident or a patient of a home.

74017

74018

(1) With respect to a home as defined in section 3721.01 of	74019
the Revised Code, a nursing home administrator as defined in	74020
section 4751.01 of the Revised Code;	74021

(2) With respect to a facility or part of a facility not	74022
defined as a home in section 3721.01 of the Revised Code that is	74023
authorized to provide skilled nursing facility or nursing facility	74024
services, the administrator of the facility or part of a facility;	74025

(3) With respect to a county home or district home, the	74026
superintendent appointed under Chapter 5155. of the Revised Code.	74027

(D) "Sponsor" means an adult relative, friend, or guardian of	74028
a resident who has an interest or responsibility in the resident's	74029
welfare.	74030

(E) "Residents' rights advocate" means:

74031

(1) An employee or representative of any state or local	74032
government entity that has a responsibility regarding residents	74033
and that has registered with the department of health under	74034
division (B) of section 3701.07 of the Revised Code;	74035

(2) An employee or representative of any private nonprofit	74036
corporation or association that qualifies for tax-exempt status	74037
under section 501(a) of the "Internal Revenue Code of 1986," 100	74038
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	74039
with the department of health under division (B) of section	74040
3701.07 of the Revised Code and whose purposes include educating	74041
and counseling residents, assisting residents in resolving	74042
problems and complaints concerning their care and treatment, and	74043
assisting them in securing adequate services to meet their needs;	74044

(3) A member of the general assembly.

74045

(F) "Physical restraint" means, but is not limited to, any	74046
article, device, or garment that interferes with the free movement	74047
of the resident and that the resident is unable to remove easily,	74048
a geriatric chair, or a locked room door.	74049

(G) "Chemical restraint" means any medication bearing the	74050
American hospital formulary service therapeutic class ~~4.00~~4:00,	74051
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	74052
central nervous system in a manner that limits physical and	74053
cognitive functioning to the degree that the resident cannot	74054
attain the resident's highest practicable physical, mental, and	74055
psychosocial well-being.	74056

(H) "Ancillary service" means, but is not limited to,	74057
podiatry, dental, hearing, vision, physical therapy, occupational	74058
therapy, speech therapy, and psychological and social services.	74059

(I) "Facility" means a facility, or part of a facility,	74060
certified as a nursing facility or skilled nursing facility ~~under~~	74061
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	74062
defined in section 5165.01 of the Revised Code." "Facility" does	74063
not include an intermediate care facility for ~~the mentally~~	74064
~~retarded~~individuals with intellectual disabilities, as defined in	74065
section ~~5111.20~~5124.01 of the Revised Code.	74066

~~(J) "Medicare" means the program established by Title XVIII~~	74067
~~of the "Social Security Act."~~	74068

~~(K) "Medicaid" means the program established by Title XIX of~~	74069
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	74070

Sec. 3721.12. (A) The administrator of a home shall:

74071

(1) With the advice of residents, their sponsors, or both,	74072
establish and review at least annually, written policies regarding	74073
the applicability and implementation of residents' rights under	74074
sections 3721.10 to 3721.17 of the Revised Code, the	74075
responsibilities of residents regarding the rights, and the home's	74076
grievance procedure established under division (A)(2) of this	74077
section. The administrator is responsible for the development of,	74078
and adherence to, procedures implementing the policies.	74079

(2) Establish a grievance committee for review of complaints	74080
by residents. The grievance committee shall be comprised of the	74081
home's staff and residents, sponsors, or outside representatives	74082
in a ratio of not more than one staff member to every two	74083
residents, sponsors, or outside representatives.	74084

(3) Furnish to each resident and sponsor prior to or at the	74085
time of admission, and to each member of the home's staff, at	74086
least one of each of the following:	74087

(a) A copy of the rights established under sections 3721.10	74088
to 3721.17 of the Revised Code;	74089

(b) A written explanation of the provisions of sections	74090
3721.16 to 3721.162 of the Revised Code;	74091

(c) A copy of the home's policies and procedures established	74092
under this section;	74093

(d) A copy of the home's rules;

74094

(e) A copy of the addresses and telephone numbers of the	74095
board of health of the health district of the county in which the	74096
home is located, the county department of job and family services	74097
of the county in which the home is located, the state departments	74098
of health and ~~job and family services~~medicaid, the state and	74099
local offices of the department of aging, and any Ohio nursing	74100
home ~~ombudsperson~~ombudsman program.	74101

(B) Written acknowledgment of the receipt of copies of the	74102
materials listed in this section shall be made part of the	74103
resident's record and the staff member's personnel record.	74104

(C) The administrator shall post all of the following	74105
prominently within the home:	74106

(1) A copy of the rights of residents as listed in division	74107
(A) of section 3721.13 of the Revised Code;	74108

(2) A copy of the home's rules and its policies and	74109
procedures regarding the rights and responsibilities of residents;	74110

(3) A notice that a copy of this chapter, rules of the	74111
department of health applicable to the home, and federal	74112
regulations adopted under the medicare and medicaid programs, and	74113
the materials required to be available in the home under section	74114
3721.021 of the Revised Code, are available for inspection in the	74115
home at reasonable hours;	74116

(4) A list of residents' rights advocates;

74117

(5) A notice that the following are available in a place	74118
readily accessible to residents:	74119

(a) If the home is licensed under section 3721.02 of the	74120
Revised Code, a copy of the most recent licensure inspection	74121
report prepared for the home under that section;	74122

(b) If the home is a facility, a copy of the most recent	74123
statement of deficiencies issued to the home under section ~~5111.42~~	74124
5165.68 of the Revised Code.	74125

(D) The administrator of a home may, with the advice of	74126
residents, their sponsors, or both, establish written policies	74127
regarding the applicability and administration of any additional	74128
residents' rights beyond those set forth in sections 3721.10 to	74129
3721.17 of the Revised Code, and the responsibilities of residents	74130
regarding the rights. Policies established under this division	74131
shall be reviewed, and procedures developed and adhered to as in	74132
division (A)(1) of this section.	74133

Sec. 3721.121. (A) As used in this section:

74134

(1) "Adult day-care program" means a program operated	74135
pursuant to rules adopted by the director of health under section	74136
3721.04 of the Revised Code and provided by and on the same site	74137
as homes licensed under this chapter.	74138

(2) "Applicant" means a person who is under final	74139
consideration for employment with a home or adult day-care program	74140
in a full-time, part-time, or temporary position that involves	74141
providing direct care to an older adult. "Applicant" does not	74142
include a person who provides direct care as a volunteer without	74143
receiving or expecting to receive any form of remuneration other	74144
than reimbursement for actual expenses.	74145

(3) "Community-based long-term care services provider" means	74146
a provider as defined in section 173.39 of the Revised Code.	74147

(4) "Criminal records check" has the same meaning as in	74148
section 109.572 of the Revised Code.	74149

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	74150
the Revised Code.	74151

~~(5)~~(6) "Older adult" means a person age sixty or older.

74152

(B)(1) Except as provided in division (I) of this section,	74153
the chief administrator of a home or adult day-care program shall	74154
request that the superintendent of the bureau of criminal	74155
identification and investigation conduct a criminal records check	74156
of each applicant. If an applicant for whom a criminal records	74157
check request is required under this division does not present	74158
proof of having been a resident of this state for the five-year	74159
period immediately prior to the date the criminal records check is	74160
requested or provide evidence that within that five-year period	74161
the superintendent has requested information about the applicant	74162
from the federal bureau of investigation in a criminal records	74163
check, the chief administrator shall request that the	74164
superintendent obtain information from the federal bureau of	74165
investigation as part of the criminal records check of the	74166
applicant. Even if an applicant for whom a criminal records check	74167
request is required under this division presents proof of having	74168
been a resident of this state for the five-year period, the chief	74169
administrator may request that the superintendent include	74170
information from the federal bureau of investigation in the	74171
criminal records check.	74172

(2) A person required by division (B)(1) of this section to	74173
request a criminal records check shall do both of the following:	74174

(a) Provide to each applicant for whom a criminal records	74175
check request is required under that division a copy of the form	74176
prescribed pursuant to division (C)(1) of section 109.572 of the	74177
Revised Code and a standard fingerprint impression sheet	74178
prescribed pursuant to division (C)(2) of that section, and obtain	74179
the completed form and impression sheet from the applicant;	74180

(b) Forward the completed form and impression sheet to the	74181
superintendent of the bureau of criminal identification and	74182
investigation.	74183

(3) An applicant provided the form and fingerprint impression	74184
sheet under division (B)(2)(a) of this section who fails to	74185
complete the form or provide fingerprint impressions shall not be	74186
employed in any position for which a criminal records check is	74187
required by this section.	74188

(C)(1) Except as provided in rules adopted by the director of	74189
health in accordance with division (F) of this section and subject	74190
to division (C)(2) of this section, no home or adult day-care	74191
program shall employ a person in a position that involves	74192
providing direct care to an older adult if the person has been	74193
convicted of or pleaded guilty to any of the following:	74194

(a) A violation of section 2903.01, 2903.02, 2903.03,	74195
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	74196
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	74197
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	74198
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	74199
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	74200
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	74201
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	74202
2925.22, 2925.23, or 3716.11 of the Revised Code.	74203

(b) A violation of an existing or former law of this state,	74204
any other state, or the United States that is substantially	74205
equivalent to any of the offenses listed in division (C)(1)(a) of	74206
this section.	74207

(2)(a) A home or an adult day-care program may employ	74208
conditionally an applicant for whom a criminal records check	74209
request is required under division (B) of this section prior to	74210
obtaining the results of a criminal records check regarding the	74211
individual, provided that the home or program shall request a	74212
criminal records check regarding the individual in accordance with	74213
division (B)(1) of this section not later than five business days	74214
after the individual begins conditional employment. In the	74215
circumstances described in division (I)(2) of this section, a home	74216
or adult day-care program may employ conditionally an applicant	74217
who has been referred to the home or adult day-care program by an	74218
employment service that supplies full-time, part-time, or	74219
temporary staff for positions involving the direct care of older	74220
adults and for whom, pursuant to that division, a criminal records	74221
check is not required under division (B) of this section.	74222

(b) A home or adult day-care program that employs an	74223
individual conditionally under authority of division (C)(2)(a) of	74224
this section shall terminate the individual's employment if the	74225
results of the criminal records check requested under division (B)	74226
of this section or described in division (I)(2) of this section,	74227
other than the results of any request for information from the	74228
federal bureau of investigation, are not obtained within the	74229
period ending thirty days after the date the request is made.	74230
Regardless of when the results of the criminal records check are	74231
obtained, if the results indicate that the individual has been	74232
convicted of or pleaded guilty to any of the offenses listed or	74233
described in division (C)(1) of this section, the home or program	74234
shall terminate the individual's employment unless the home or	74235
program chooses to employ the individual pursuant to division (F)	74236
of this section. Termination of employment under this division	74237
shall be considered just cause for discharge for purposes of	74238
division (D)(2) of section 4141.29 of the Revised Code if the	74239
individual makes any attempt to deceive the home or program about	74240
the individual's criminal record.	74241

(D)(1) Each home or adult day-care program shall pay to the	74242
bureau of criminal identification and investigation the fee	74243
prescribed pursuant to division (C)(3) of section 109.572 of the	74244
Revised Code for each criminal records check conducted pursuant to	74245
a request made under division (B) of this section.	74246

(2) A home or adult day-care program may charge an applicant	74247
a fee not exceeding the amount the home or program pays under	74248
division (D)(1) of this section. A home or program may collect a	74249
fee only if both of the following apply:	74250

(a) The home or program notifies the person at the time of	74251
initial application for employment of the amount of the fee and	74252
that, unless the fee is paid, the person will not be considered	74253
for employment;	74254

(b) The ~~medical assistance~~medicaid program ~~established under~~	74255
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	74256
program the fee it pays under division (D)(1) of this section.	74257

(E) The report of any criminal records check conducted	74258
pursuant to a request made under this section is not a public	74259
record for the purposes of section 149.43 of the Revised Code and	74260
shall not be made available to any person other than the	74261
following:	74262

(1) The individual who is the subject of the criminal records	74263
check or the individual's representative;	74264

(2) The chief administrator of the home or program requesting	74265
the criminal records check or the administrator's representative;	74266

(3) The administrator of any other facility, agency, or	74267
program that provides direct care to older adults that is owned or	74268
operated by the same entity that owns or operates the home or	74269
program;	74270

(4) A court, hearing officer, or other necessary individual	74271
involved in a case dealing with a denial of employment of the	74272
applicant or dealing with employment or unemployment benefits of	74273
the applicant;	74274

(5) Any person to whom the report is provided pursuant to,	74275
and in accordance with, division (I)(1) or (2) of this section;	74276

(6) The board of nursing for purposes of accepting and	74277
processing an application for a medication aide certificate issued	74278
under Chapter 4723. of the Revised Code;	74279

(7) The director of aging or the director's designee if the	74280
criminal records check is requested by the chief administrator of	74281
a home that is also a community-based long-term care services	74282
provider.	74283

(F) In accordance with section 3721.11 of the Revised Code,	74284
the director of health shall adopt rules to implement this	74285
section. The rules shall specify circumstances under which a home	74286
or adult day-care program may employ a person who has been	74287
convicted of or pleaded guilty to an offense listed or described	74288
in division (C)(1) of this section but meets personal character	74289
standards set by the director.	74290

(G) The chief administrator of a home or adult day-care	74291
program shall inform each individual, at the time of initial	74292
application for a position that involves providing direct care to	74293
an older adult, that the individual is required to provide a set	74294
of fingerprint impressions and that a criminal records check is	74295
required to be conducted if the individual comes under final	74296
consideration for employment.	74297

(H) In a tort or other civil action for damages that is	74298
brought as the result of an injury, death, or loss to person or	74299
property caused by an individual who a home or adult day-care	74300
program employs in a position that involves providing direct care	74301
to older adults, all of the following shall apply:	74302

(1) If the home or program employed the individual in good	74303
faith and reasonable reliance on the report of a criminal records	74304
check requested under this section, the home or program shall not	74305
be found negligent solely because of its reliance on the report,	74306
even if the information in the report is determined later to have	74307
been incomplete or inaccurate;	74308

(2) If the home or program employed the individual in good	74309
faith on a conditional basis pursuant to division (C)(2) of this	74310
section, the home or program shall not be found negligent solely	74311
because it employed the individual prior to receiving the report	74312
of a criminal records check requested under this section;	74313

(3) If the home or program in good faith employed the	74314
individual according to the personal character standards	74315
established in rules adopted under division (F) of this section,	74316
the home or program shall not be found negligent solely because	74317
the individual prior to being employed had been convicted of or	74318
pleaded guilty to an offense listed or described in division	74319
(C)(1) of this section.	74320

(I)(1) The chief administrator of a home or adult day-care	74321
program is not required to request that the superintendent of the	74322
bureau of criminal identification and investigation conduct a	74323
criminal records check of an applicant if the applicant has been	74324
referred to the home or program by an employment service that	74325
supplies full-time, part-time, or temporary staff for positions	74326
involving the direct care of older adults and both of the	74327
following apply:	74328

(a) The chief administrator receives from the employment	74329
service or the applicant a report of the results of a criminal	74330
records check regarding the applicant that has been conducted by	74331
the superintendent within the one-year period immediately	74332
preceding the applicant's referral;	74333

(b) The report of the criminal records check demonstrates	74334
that the person has not been convicted of or pleaded guilty to an	74335
offense listed or described in division (C)(1) of this section, or	74336
the report demonstrates that the person has been convicted of or	74337
pleaded guilty to one or more of those offenses, but the home or	74338
adult day-care program chooses to employ the individual pursuant	74339
to division (F) of this section.	74340

(2) The chief administrator of a home or adult day-care	74341
program is not required to request that the superintendent of the	74342
bureau of criminal identification and investigation conduct a	74343
criminal records check of an applicant and may employ the	74344
applicant conditionally as described in this division, if the	74345
applicant has been referred to the home or program by an	74346
employment service that supplies full-time, part-time, or	74347
temporary staff for positions involving the direct care of older	74348
adults and if the chief administrator receives from the employment	74349
service or the applicant a letter from the employment service that	74350
is on the letterhead of the employment service, dated, and signed	74351
by a supervisor or another designated official of the employment	74352
service and that states that the employment service has requested	74353
the superintendent to conduct a criminal records check regarding	74354
the applicant, that the requested criminal records check will	74355
include a determination of whether the applicant has been	74356
convicted of or pleaded guilty to any offense listed or described	74357
in division (C)(1) of this section, that, as of the date set forth	74358
on the letter, the employment service had not received the results	74359
of the criminal records check, and that, when the employment	74360
service receives the results of the criminal records check, it	74361
promptly will send a copy of the results to the home or adult	74362
day-care program. If a home or adult day-care program employs an	74363
applicant conditionally in accordance with this division, the	74364
employment service, upon its receipt of the results of the	74365
criminal records check, promptly shall send a copy of the results	74366
to the home or adult day-care program, and division (C)(2)(b) of	74367
this section applies regarding the conditional employment.	74368

Sec. 3721.13. (A) The rights of residents of a home shall	74369
include, but are not limited to, the following:	74370

(1) The right to a safe and clean living environment pursuant	74371
to the medicare and medicaid programs and applicable state laws	74372
and rules adopted by the director of health;	74373

(2) The right to be free from physical, verbal, mental, and	74374
emotional abuse and to be treated at all times with courtesy,	74375
respect, and full recognition of dignity and individuality;	74376

(3) Upon admission and thereafter, the right to adequate and	74377
appropriate medical treatment and nursing care and to other	74378
ancillary services that comprise necessary and appropriate care	74379
consistent with the program for which the resident contracted.	74380
This care shall be provided without regard to considerations such	74381
as race, color, religion, national origin, age, or source of	74382
payment for care.	74383

(4) The right to have all reasonable requests and inquiries	74384
responded to promptly;	74385

(5) The right to have clothes and bed sheets changed as the	74386
need arises, to ensure the resident's comfort or sanitation;	74387

(6) The right to obtain from the home, upon request, the name	74388
and any specialty of any physician or other person responsible for	74389
the resident's care or for the coordination of care;	74390

(7) The right, upon request, to be assigned, within the	74391
capacity of the home to make the assignment, to the staff	74392
physician of the resident's choice, and the right, in accordance	74393
with the rules and written policies and procedures of the home, to	74394
select as the attending physician a physician who is not on the	74395
staff of the home. If the cost of a physician's services is to be	74396
met under a federally supported program, the physician shall meet	74397
the federal laws and regulations governing such services.	74398

(8) The right to participate in decisions that affect the	74399
resident's life, including the right to communicate with the	74400
physician and employees of the home in planning the resident's	74401
treatment or care and to obtain from the attending physician	74402
complete and current information concerning medical condition,	74403
prognosis, and treatment plan, in terms the resident can	74404
reasonably be expected to understand; the right of access to all	74405
information in the resident's medical record; and the right to	74406
give or withhold informed consent for treatment after the	74407
consequences of that choice have been carefully explained. When	74408
the attending physician finds that it is not medically advisable	74409
to give the information to the resident, the information shall be	74410
made available to the resident's sponsor on the resident's behalf,	74411
if the sponsor has a legal interest or is authorized by the	74412
resident to receive the information. The home is not liable for a	74413
violation of this division if the violation is found to be the	74414
result of an act or omission on the part of a physician selected	74415
by the resident who is not otherwise affiliated with the home.	74416

(9) The right to withhold payment for physician visitation if	74417
the physician did not visit the resident;	74418

(10) The right to confidential treatment of personal and	74419
medical records, and the right to approve or refuse the release of	74420
these records to any individual outside the home, except in case	74421
of transfer to another home, hospital, or health care system, as	74422
required by law or rule, or as required by a third-party payment	74423
contract;	74424

(11) The right to privacy during medical examination or	74425
treatment and in the care of personal or bodily needs;	74426

(12) The right to refuse, without jeopardizing access to	74427
appropriate medical care, to serve as a medical research subject;	74428

(13) The right to be free from physical or chemical	74429
restraints or prolonged isolation except to the minimum extent	74430
necessary to protect the resident from injury to self, others, or	74431
to property and except as authorized in writing by the attending	74432
physician for a specified and limited period of time and	74433
documented in the resident's medical record. Prior to authorizing	74434
the use of a physical or chemical restraint on any resident, the	74435
attending physician shall make a personal examination of the	74436
resident and an individualized determination of the need to use	74437
the restraint on that resident.	74438

Physical or chemical restraints or isolation may be used in	74439
an emergency situation without authorization of the attending	74440
physician only to protect the resident from injury to self or	74441
others. Use of the physical or chemical restraints or isolation	74442
shall not be continued for more than twelve hours after the onset	74443
of the emergency without personal examination and authorization by	74444
the attending physician. The attending physician or a staff	74445
physician may authorize continued use of physical or chemical	74446
restraints for a period not to exceed thirty days, and at the end	74447
of this period and any subsequent period may extend the	74448
authorization for an additional period of not more than thirty	74449
days. The use of physical or chemical restraints shall not be	74450
continued without a personal examination of the resident and the	74451
written authorization of the attending physician stating the	74452
reasons for continuing the restraint.	74453

If physical or chemical restraints are used under this	74454
division, the home shall ensure that the restrained resident	74455
receives a proper diet. In no event shall physical or chemical	74456
restraints or isolation be used for punishment, incentive, or	74457
convenience.	74458

(14) The right to the pharmacist of the resident's choice and	74459
the right to receive pharmaceutical supplies and services at	74460
reasonable prices not exceeding applicable and normally accepted	74461
prices for comparably packaged pharmaceutical supplies and	74462
services within the community;	74463

(15) The right to exercise all civil rights, unless the	74464
resident has been adjudicated incompetent pursuant to Chapter	74465
2111. of the Revised Code and has not been restored to legal	74466
capacity, as well as the right to the cooperation of the home's	74467
administrator in making arrangements for the exercise of the right	74468
to vote;	74469

(16) The right of access to opportunities that enable the	74470
resident, at the resident's own expense or at the expense of a	74471
third-party payer, to achieve the resident's fullest potential,	74472
including educational, vocational, social, recreational, and	74473
habilitation programs;	74474

(17) The right to consume a reasonable amount of alcoholic	74475
beverages at the resident's own expense, unless not medically	74476
advisable as documented in the resident's medical record by the	74477
attending physician or unless contradictory to written admission	74478
policies;	74479

(18) The right to use tobacco at the resident's own expense	74480
under the home's safety rules and under applicable laws and rules	74481
of the state, unless not medically advisable as documented in the	74482
resident's medical record by the attending physician or unless	74483
contradictory to written admission policies;	74484

(19) The right to retire and rise in accordance with the	74485
resident's reasonable requests, if the resident does not disturb	74486
others or the posted meal schedules and upon the home's request	74487
remains in a supervised area, unless not medically advisable as	74488
documented by the attending physician;	74489

(20) The right to observe religious obligations and	74490
participate in religious activities; the right to maintain	74491
individual and cultural identity; and the right to meet with and	74492
participate in activities of social and community groups at the	74493
resident's or the group's initiative;	74494

(21) The right upon reasonable request to private and	74495
unrestricted communications with the resident's family, social	74496
worker, and any other person, unless not medically advisable as	74497
documented in the resident's medical record by the attending	74498
physician, except that communications with public officials or	74499
with the resident's attorney or physician shall not be restricted.	74500
Private and unrestricted communications shall include, but are not	74501
limited to, the right to:	74502

(a) Receive, send, and mail sealed, unopened correspondence;

74503

(b) Reasonable access to a telephone for private	74504
communications;	74505

74506

(22) The right to assured privacy for visits by the spouse,	74507
or if both are residents of the same home, the right to share a	74508
room within the capacity of the home, unless not medically	74509
advisable as documented in the resident's medical record by the	74510
attending physician;	74511

(23) The right upon reasonable request to have room doors	74512
closed and to have them not opened without knocking, except in the	74513
case of an emergency or unless not medically advisable as	74514
documented in the resident's medical record by the attending	74515
physician;	74516

(24) The right to retain and use personal clothing and a	74517
reasonable amount of possessions, in a reasonably secure manner,	74518
unless to do so would infringe on the rights of other residents or	74519
would not be medically advisable as documented in the resident's	74520
medical record by the attending physician;	74521

(25) The right to be fully informed, prior to or at the time	74522
of admission and during the resident's stay, in writing, of the	74523
basic rate charged by the home, of services available in the home,	74524
and of any additional charges related to such services, including	74525
charges for services not covered under the medicare or medicaid	74526
program. The basic rate shall not be changed unless thirty days'	74527
notice is given to the resident or, if the resident is unable to	74528
understand this information, to the resident's sponsor.	74529

(26) The right of the resident and person paying for the care	74530
to examine and receive a bill at least monthly for the resident's	74531
care from the home that itemizes charges not included in the basic	74532
rates;	74533

(27)(a) The right to be free from financial exploitation;

74534

(b) The right to manage the resident's own personal financial	74535
affairs, or, if the resident has delegated this responsibility in	74536
writing to the home, to receive upon written request at least a	74537
quarterly accounting statement of financial transactions made on	74538
the resident's behalf. The statement shall include:	74539

(i) A complete record of all funds, personal property, or	74540
possessions of a resident from any source whatsoever, that have	74541
been deposited for safekeeping with the home for use by the	74542
resident or the resident's sponsor;	74543

(ii) A listing of all deposits and withdrawals transacted,	74544
which shall be substantiated by receipts which shall be available	74545
for inspection and copying by the resident or sponsor.	74546

(28) The right of the resident to be allowed unrestricted	74547
access to the resident's property on deposit at reasonable hours,	74548
unless requests for access to property on deposit are so	74549
persistent, continuous, and unreasonable that they constitute a	74550
nuisance;	74551

(29) The right to receive reasonable notice before the	74552
resident's room or roommate is changed, including an explanation	74553
of the reason for either change.	74554

(30) The right not to be transferred or discharged from the	74555
home unless the transfer is necessary because of one of the	74556
following:	74557

(a) The welfare and needs of the resident cannot be met in	74558
the home.	74559

(b) The resident's health has improved sufficiently so that	74560
the resident no longer needs the services provided by the home.	74561

74562

(d) The health of individuals in the home would otherwise be	74563
endangered.	74564

(e) The resident has failed, after reasonable and appropriate	74565
notice, to pay or to have the medicare or medicaid program pay on	74566
the resident's behalf, for the care provided by the home. A	74567
resident shall not be considered to have failed to have the	74568
resident's care paid for if the resident has applied for medicaid,	74569
unless both of the following are the case:	74570

(i) The resident's application, or a substantially similar	74571
previous application, has been denied ~~by the county department of~~	74572
~~job and family services~~.	74573

(ii) If the resident appealed the denial ~~pursuant to division~~	74574
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	74575
~~and family services has upheld~~ the denial was upheld.	74576

(f) The home's license has been revoked, the home is being	74577
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	74578
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	74579
home otherwise ceases to operate.	74580

(g) The resident is a recipient of medicaid, and the home's	74581
participation in the medicaid program is involuntarily terminated	74582
or denied.	74583

(h) The resident is a beneficiary under the medicare program,	74584
and the home's participation in the medicare program is	74585
involuntarily terminated or denied.	74586

(31) The right to voice grievances and recommend changes in	74587
policies and services to the home's staff, to employees of the	74588
department of health, or to other persons not associated with the	74589
operation of the home, of the resident's choice, free from	74590
restraint, interference, coercion, discrimination, or reprisal.	74591
This right includes access to a residents' rights advocate, and	74592
the right to be a member of, to be active in, and to associate	74593
with persons who are active in organizations of relatives and	74594
friends of nursing home residents and other organizations engaged	74595
in assisting residents.	74596

(32) The right to have any significant change in the	74597
resident's health status reported to the resident's sponsor. As	74598
soon as such a change is known to the home's staff, the home shall	74599
make a reasonable effort to notify the sponsor within twelve	74600
hours.	74601

(B) A sponsor may act on a resident's behalf to assure that	74602
the home does not deny the residents' rights under sections	74603
3721.10 to 3721.17 of the Revised Code.	74604

(C) Any attempted waiver of the rights listed in division (A)	74605
of this section is void.	74606

Sec. 3721.14. To assist in the implementation of the rights	74607
granted in division (A) of section 3721.13 of the Revised Code,	74608
each home shall provide:	74609

(A) Appropriate staff training to implement each resident's	74610
rights under division (A) of section 3721.13 of the Revised Code,	74611
including, but not limited to, explaining:	74612

(1) The resident's rights and the staff's responsibility in	74613
the implementation of the rights;	74614

(2) The staff's obligation to provide all residents who have	74615
similar needs with comparable service.	74616

(B) Arrangements for a resident's needed ancillary services;

74617

(C) Protected areas outside the home for residents to enjoy	74618
outdoor activity, within the capacity of the facility, consistent	74619
with applicable laws and rules;	74620

(D) Adequate indoor space, which need not be dedicated to	74621
that purpose, for families of residents to meet privately with	74622
families of other residents;	74623

(E) Access to the following persons to enter the home during	74624
reasonable hours, except where such access would interfere with	74625
resident care or the privacy of residents:	74626

(1) Employees of the department of health, department of	74627
~~mental health~~mental health and addiction services, department of	74628
developmental disabilities, department of aging, department of job	74629
and family services, and county departments of job and family	74630
services;	74631

(2) Prospective residents and their sponsors;

74632

(3) A resident's sponsors;

74633

(4) Residents' rights advocates;

74634

(5) A resident's attorney;

74635

(6) A minister, priest, rabbi, or other person ministering to	74636
a resident's religious needs.	74637

(F) In writing, a description of the home's grievance	74638
procedures.	74639

Sec. 3721.15. (A) Authorization from a resident or a sponsor	74640
with a power of attorney for a home to manage the resident's	74641
financial affairs shall be in writing and shall be attested to by	74642
a witness who is not connected in any manner whatsoever with the	74643
home or its administrator. The home shall maintain accounts	74644
pursuant to division (A)(27) of section 3721.13 of the Revised	74645
Code. Upon the resident's transfer, discharge, or death, the	74646
account shall be closed and a final accounting made. All remaining	74647
funds shall be returned to the resident or resident's sponsor,	74648
except in the case of death, when all remaining funds shall be	74649
transferred or used in accordance with section ~~5111.113~~5162.22 of	74650
the Revised Code.	74651

(B) A home that manages a resident's financial affairs shall	74652
deposit the resident's funds in excess of one ~~hundred~~thousand	74653
dollars, and may deposit the resident's funds that are one ~~hundred~~	74654
thousand dollars or less, in an interest-bearing account separate	74655
from any of the home's operating accounts. Interest earned on the	74656
resident's funds shall be credited to the resident's account. A	74657
resident's funds that are one ~~hundred~~thousand dollars or less and	74658
have not been deposited in an interest-bearing account may be	74659
deposited in a noninterest-bearing account or petty cash fund.	74660

(C) Each resident whose financial affairs are managed by a	74661
home shall be promptly notified by the home when the total of the	74662
amount of funds in the resident's accounts and the petty cash fund	74663
plus other nonexempt resources reaches two hundred dollars less	74664
than the maximum amount permitted a recipient of medicaid. The	74665
notice shall include an explanation of the potential effect on the	74666
resident's eligibility for medicaid if the amount in the	74667
resident's accounts and the petty cash fund, plus the value of	74668
other nonexempt resources, exceeds the maximum assets a medicaid	74669
recipient may retain.	74670

(D) Each home that manages the financial affairs of residents	74671
shall purchase a surety bond or otherwise provide assurance	74672
satisfactory to the director of health, or, in the case of a home	74673
that participates in the medicaid program, to the medicaid	74674
director ~~of job and family services~~, to assure the security of all	74675
residents' funds managed by the home.	74676

Sec. 3721.16. For each resident of a home, notice of a	74677
proposed transfer or discharge shall be in accordance with this	74678
section.	74679

(A)(1) The administrator of a home shall notify a resident in	74680
writing, and the resident's sponsor in writing by certified mail,	74681
return receipt requested, in advance of any proposed transfer or	74682
discharge from the home. The administrator shall send a copy of	74683
the notice to the state department of health. The notice shall be	74684
provided at least thirty days in advance of the proposed transfer	74685
or discharge, unless any of the following applies:	74686

(a) The resident's health has improved sufficiently to allow	74687
a more immediate discharge or transfer to a less skilled level of	74688
care;	74689

(b) The resident has resided in the home less than thirty	74690
days;	74691

(c) An emergency arises in which the safety of individuals in	74692
the home is endangered;	74693

(d) An emergency arises in which the health of individuals in	74694
the home would otherwise be endangered;	74695

(e) An emergency arises in which the resident's urgent	74696
medical needs necessitate a more immediate transfer or discharge.	74697

In any of the circumstances described in divisions (A)(1)(a)	74698
to (e) of this section, the notice shall be provided as many days	74699
in advance of the proposed transfer or discharge as is	74700
practicable.	74701

(2) The notice required under division (A)(1) of this section	74702
shall include all of the following:	74703

(a) The reasons for the proposed transfer or discharge;

74704

(b) The proposed date the resident is to be transferred or	74705
discharged;	74706

(c) Subject to division (A)(3) of this section, a proposed	74707
location to which the resident may relocate and a notice that the	74708
resident and resident's sponsor may choose another location to	74709
which the resident will relocate;	74710

(d) Notice of the right of the resident and the resident's	74711
sponsor to an impartial hearing at the home on the proposed	74712
transfer or discharge, and of the manner in which and the time	74713
within which the resident or sponsor may request a hearing	74714
pursuant to section 3721.161 of the Revised Code;	74715

(e) A statement that the resident will not be transferred or	74716
discharged before the date specified in the notice unless the home	74717
and the resident or, if the resident is not competent to make a	74718
decision, the home and the resident's sponsor, agree to an earlier	74719
date;	74720

(f) The address of the legal services office of the	74721
department of health;	74722

(g) The name, address, and telephone number of a	74723
representative of the state long-term care ~~ombudsperson~~ombudsman	74724
program and, if the resident or patient has a developmental	74725
disability or mental illness, the name, address, and telephone	74726
number of the Ohio protection and advocacy system.	74727

(3) The proposed location to which a resident may relocate as	74728
specified pursuant to division (A)(2)(c) of this section in the	74729
proposed transfer or discharge notice shall be capable of meeting	74730
the resident's health-care and safety needs. The proposed location	74731
for relocation need not have accepted the resident at the time the	74732
notice is issued to the resident and resident's sponsor.	74733

(B) No home shall transfer or discharge a resident before the	74734
date specified in the notice required by division (A) of this	74735
section unless the home and the resident or, if the resident is	74736
not competent to make a decision, the home and the resident's	74737
sponsor, agree to an earlier date.	74738

(C) Transfer or discharge actions shall be documented in the	74739
resident's medical record by the home if there is a medical basis	74740
for the action.	74741

(D) A resident or resident's sponsor may challenge a transfer	74742
or discharge by requesting an impartial hearing pursuant to	74743
section 3721.161 of the Revised Code, unless the transfer or	74744
discharge is required because of one of the following reasons:	74745

(1) The home's license has been revoked under this chapter;

74746

(2) The home is being closed pursuant to section 3721.08,	74747
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	74748
the Revised Code;	74749

(3) The resident is a recipient of medicaid and the home's	74750
participation in the medicaid program has been involuntarily	74751
terminated or denied by the federal government;	74752

(4) The resident is a beneficiary under the medicare program	74753
and the home's certification under the medicare program has been	74754
involuntarily terminated or denied by the federal government.	74755

(E) If a resident is transferred or discharged pursuant to	74756
this section, the home from which the resident is being	74757
transferred or discharged shall provide the resident with adequate	74758
preparation prior to the transfer or discharge to ensure a safe	74759
and orderly transfer or discharge from the home, and the home or	74760
alternative setting to which the resident is to be transferred or	74761
discharged shall have accepted the resident for transfer or	74762
discharge.	74763

(F) At the time of a transfer or discharge of a resident who	74764
is a recipient of medicaid from a home to a hospital or for	74765
therapeutic leave, the home shall provide notice in writing to the	74766
resident and in writing by certified mail, return receipt	74767
requested, to the resident's sponsor, specifying the number of	74768
days, if any, during which the resident will be permitted under	74769
the medicaid program to return and resume residence in the home	74770
and specifying the medicaid program's coverage of the days during	74771
which the resident is absent from the home. An individual who is	74772
absent from a home for more than the number of days specified in	74773
the notice and continues to require the services provided by the	74774
facility shall be given priority for the first available bed in a	74775
semi-private room.	74776

Sec. 3721.17. (A) Any resident who believes that the	74777
resident's rights under sections 3721.10 to 3721.17 of the Revised	74778
Code have been violated may file a grievance under procedures	74779
adopted pursuant to division (A)(2) of section 3721.12 of the	74780
Revised Code.	74781

When the grievance committee determines a violation of	74782
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	74783
shall notify the administrator of the home. If the violation	74784
cannot be corrected within ten days, or if ten days have elapsed	74785
without correction of the violation, the grievance committee shall	74786
refer the matter to the department of health.	74787

(B) Any person who believes that a resident's rights under	74788
sections 3721.10 to 3721.17 of the Revised Code have been violated	74789
may report or cause reports to be made of the information directly	74790
to the department of health. No person who files a report is	74791
liable for civil damages resulting from the report.	74792

(C)(1) Within thirty days of receiving a complaint under this	74793
section, the department of health shall investigate any complaint	74794
referred to it by a home's grievance committee and any complaint	74795
from any source that alleges that the home provided substantially	74796
less than adequate care or treatment, or substantially unsafe	74797
conditions, or, within seven days of receiving a complaint, refer	74798
it to the attorney general, if the attorney general agrees to	74799
investigate within thirty days.	74800

(2) Within thirty days of receiving a complaint under this	74801
section, the department of health may investigate any alleged	74802
violation of sections 3721.10 to 3721.17 of the Revised Code, or	74803
of rules, policies, or procedures adopted pursuant to those	74804
sections, not covered by division (C)(1) of this section, or it	74805
may, within seven days of receiving a complaint, refer the	74806
complaint to the grievance committee at the home where the alleged	74807
violation occurred, or to the attorney general if the attorney	74808
general agrees to investigate within thirty days.	74809

(D) If, after an investigation, the department of health	74810
finds probable cause to believe that a violation of sections	74811
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	74812
procedures adopted pursuant to those sections, has occurred at a	74813
home that is certified under the medicare or medicaid program, it	74814
shall cite one or more findings or deficiencies under sections	74815
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	74816
home is not so certified, the department shall hold an	74817
adjudicative hearing within thirty days under Chapter 119. of the	74818
Revised Code.	74819

(E) Upon a finding at an adjudicative hearing under division	74820
(D) of this section that a violation of sections 3721.10 to	74821
3721.17 of the Revised Code, or of rules, policies, or procedures	74822
adopted pursuant thereto, has occurred, the department of health	74823
shall make an order for compliance, set a reasonable time for	74824
compliance, and assess a fine pursuant to division (F) of this	74825
section. The fine shall be paid to the general revenue fund only	74826
if compliance with the order is not shown to have been made within	74827
the reasonable time set in the order. The department of health may	74828
issue an order prohibiting the continuation of any violation of	74829
sections 3721.10 to 3721.17 of the Revised Code.	74830

Findings at the hearings conducted under this section may be	74831
appealed pursuant to Chapter 119. of the Revised Code, except that	74832
an appeal may be made to the court of common pleas of the county	74833
in which the home is located.	74834

The department of health shall initiate proceedings in court	74835
to collect any fine assessed under this section that is unpaid	74836
thirty days after the violator's final appeal is exhausted.	74837

(F) Any home found, pursuant to an adjudication hearing under	74838
division (D) of this section, to have violated sections 3721.10 to	74839
3721.17 of the Revised Code, or rules, policies, or procedures	74840
adopted pursuant to those sections may be fined not less than one	74841
hundred nor more than five hundred dollars for a first offense.	74842
For each subsequent offense, the home may be fined not less than	74843
two hundred nor more than one thousand dollars.	74844

A violation of sections 3721.10 to 3721.17 of the Revised	74845
Code is a separate offense for each day of the violation and for	74846
each resident who claims the violation.	74847

(G) No home or employee of a home shall retaliate against any	74848
person who:	74849

(1) Exercises any right set forth in sections 3721.10 to	74850
3721.17 of the Revised Code, including, but not limited to, filing	74851
a complaint with the home's grievance committee or reporting an	74852
alleged violation to the department of health;	74853

(2) Appears as a witness in any hearing conducted under this	74854
section or section 3721.162 of the Revised Code;	74855

(3) Files a civil action alleging a violation of sections	74856
3721.10 to 3721.17 of the Revised Code, or notifies a county	74857
prosecuting attorney or the attorney general of a possible	74858
violation of sections 3721.10 to 3721.17 of the Revised Code.	74859

If, under the procedures outlined in this section, a home or	74860
its employee is found to have retaliated, the violator may be	74861
fined up to one thousand dollars.	74862

(H) When legal action is indicated, any evidence of criminal	74863
activity found in an investigation under division (C) of this	74864
section shall be given to the prosecuting attorney in the county	74865
in which the home is located for investigation.	74866

(I)(1)(a) Any resident whose rights under sections 3721.10 to	74867
3721.17 of the Revised Code are violated has a cause of action	74868
against any person or home committing the violation.	74869

(b) An action under division (I)(1)(a) of this section may be	74870
commenced by the resident or by the resident's legal guardian or	74871
other legally authorized representative on behalf of the resident	74872
or the resident's estate. If the resident or the resident's legal	74873
guardian or other legally authorized representative is unable to	74874
commence an action under that division on behalf of the resident,	74875
the following persons in the following order of priority have the	74876
right to and may commence an action under that division on behalf	74877
of the resident or the resident's estate:	74878

(i) The resident's spouse;

74879

(ii) The resident's parent or adult child;

74880

(iii) The resident's guardian if the resident is a minor	74881
child;	74882

(iv) The resident's brother or sister;

74883

(v) The resident's niece, nephew, aunt, or uncle.

74884

(c) Notwithstanding any law as to priority of persons	74885
entitled to commence an action, if more than one eligible person	74886
within the same level of priority seeks to commence an action on	74887
behalf of a resident or the resident's estate, the court shall	74888
determine, in the best interest of the resident or the resident's	74889
estate, the individual to commence the action. A court's	74890
determination under this division as to the person to commence an	74891
action on behalf of a resident or the resident's estate shall bar	74892
another person from commencing the action on behalf of the	74893
resident or the resident's estate.	74894

(d) The result of an action commenced pursuant to division	74895
(I)(1)(a) of this section by a person authorized under division	74896
(I)(1)(b) of this section shall bind the resident or the	74897
resident's estate that is the subject of the action.	74898

(e) A cause of action under division (I)(1)(a) of this	74899
section shall accrue, and the statute of limitations applicable to	74900
that cause of action shall begin to run, based upon the violation	74901
of a resident's rights under sections 3721.10 to 3721.17 of the	74902
Revised Code, regardless of the party commencing the action on	74903
behalf of the resident or the resident's estate as authorized	74904
under divisions (I)(1)(b) and (c) of this section.	74905

(2)(a) The plaintiff in an action filed under division (I)(1)	74906
of this section may obtain injunctive relief against the violation	74907
of the resident's rights. The plaintiff also may recover	74908
compensatory damages based upon a showing, by a preponderance of	74909
the evidence, that the violation of the resident's rights resulted	74910
from a negligent act or omission of the person or home and that	74911
the violation was the proximate cause of the resident's injury,	74912
death, or loss to person or property.	74913

(b) If compensatory damages are awarded for a violation of	74914
the resident's rights, section 2315.21 of the Revised Code shall	74915
apply to an award of punitive or exemplary damages for the	74916
violation.	74917

(c) The court, in a case in which only injunctive relief is	74918
granted, may award to the prevailing party reasonable attorney's	74919
fees limited to the work reasonably performed.	74920

(3) Division (I)(2) (b) of this section shall be considered	74921
to be purely remedial in operation and shall be applied in a	74922
remedial manner in any civil action in which this section is	74923
relevant, whether the action is pending in court or commenced on	74924
or after July 9, 1998.	74925

(4) Within thirty days after the filing of a complaint in an	74926
action for damages brought against a home under division (I)(1)(a)	74927
of this section by or on behalf of a resident or former resident	74928
of the home, the plaintiff or plaintiff's counsel shall send	74929
written notice of the filing of the complaint to the department of	74930
~~job and family services~~medicaid if the department has a right of	74931
recovery under section ~~5101.58~~5160.37 of the Revised Code against	74932
the liability of the home for the cost of ~~medical~~medicaid	74933
services ~~and care~~ arising out of injury, disease, or disability of	74934
the resident or former resident.	74935

Sec. 3721.19. (A) As used in this section:

74936

(1) "Home" and "residential care facility" have the same	74937
meanings as in section 3721.01 of the Revised Code;	74938

(2) "Provider agreement" has the same meaning as in section	74939
5165.01 of the Revised Code.	74940

(3) "Sponsor" and "residents' rights advocate" have the same	74941
meanings as in section 3721.10 of the Revised Code.	74942

A home licensed under this chapter that is not a party to a	74943
provider agreement~~, as defined in section 5111.20 of the Revised~~	74944
~~Code,~~ shall provide each prospective resident, before admission,	74945
with the following information, orally and in a separate written	74946
notice on which is printed in a conspicuous manner: "This home is	74947
not a participant in the ~~medical assistance~~medicaid program	74948
administered by the Ohio department of ~~job and family services~~	74949
medicaid. Consequently, you may be discharged from this home if	74950
you are unable to pay for the services provided by this home."	74951

If the prospective resident has a sponsor whose identity is	74952
made known to the home, the home shall also inform the sponsor,	74953
before admission of the resident, of the home's status relative to	74954
the ~~medical assistance~~medicaid program. Written acknowledgement	74955
of the receipt of the information shall be provided by the	74956
resident and, if the prospective resident has a sponsor who has	74957
been identified to the home, by the sponsor. The written	74958
acknowledgement shall be made part of the resident's record by the	74959
home.	74960

No home shall terminate its ~~status as a~~ provider ~~under the~~	74961
~~medicaid program~~agreement unless it has complied with section	74962
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	74963
prior to such termination, provided written notice to the	74964
residents of the home and their sponsors of such action. This	74965
requirement shall not apply in cases where the department of ~~job~~	74966
~~and family services~~medicaid terminates a home's provider	74967
agreement or provider status.	74968

(B) A home licensed under this chapter as a residential care	74969
facility shall provide notice to each prospective resident or the	74970
individual's sponsor of the services offered by the facility and	74971
the types of skilled nursing care that the facility may provide. A	74972
residential care facility that, pursuant to section 3721.012 of	74973
the Revised Code, has a policy of entering into risk agreements	74974
with residents or their sponsors shall provide each prospective	74975
resident or the individual's sponsor a written explanation of the	74976
policy and the provisions that may be contained in a risk	74977
agreement. At the time the information is provided, the facility	74978
shall obtain a statement signed by the individual receiving the	74979
information acknowledging that the individual received the	74980
information. The facility shall maintain on file the individual's	74981
signed statement.	74982

(C) A resident has a cause of action against a home for	74983
breach of any duty imposed by this section. The action may be	74984
commenced by the resident, or on the resident's behalf by the	74985
resident's sponsor or a residents' rights advocate, by the filing	74986
of a civil action in the court of common pleas of the county in	74987
which the home is located, or in the court of common pleas of	74988
Franklin county.	74989

If the court finds that a breach of any duty imposed by this	74990
section has occurred, the court shall enjoin the home from	74991
discharging the resident from the home until arrangements	74992
satisfactory to the court are made for the orderly transfer of the	74993
resident to another mode of health care including, but not limited	74994
to, another home, and may award the resident and a person or	74995
public agency that brings an action on behalf of a resident	74996
reasonable attorney's fees. If a home discharges a resident to	74997
whom or to whose sponsor information concerning its status	74998
relative to the ~~medical assistance~~medicaid program was not	74999
provided as required under this section, the court shall grant any	75000
appropriate relief including, but not limited to, actual damages,	75001
reasonable attorney's fees, and costs.	75002

Sec. 3727.01. (A) As used in this section, "health	75003
maintenance organization" means a public or private organization	75004
organized under the law of any state that is qualified under	75005
section 1310(d) of Title XIII of the "Public Health Service Act,"	75006
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	75007
following:	75008

(1) Provides or otherwise makes available to enrolled	75009
participants health care services including at least the following	75010
basic health care services: usual physician services,	75011
hospitalization, laboratory, x-ray, emergency and preventive	75012
service, and out-of-area coverage;	75013

(2) Is compensated, except for copayments, for the provision	75014
of basic health care services to enrolled participants by a	75015
payment that is paid on a periodic basis without regard to the	75016
date the health care services are provided and that is fixed	75017
without regard to the frequency, extent, or kind of health service	75018
actually provided;	75019

(3) Provides physician services primarily in either of the	75020
following ways:	75021

(a) Directly through physicians who are either employees or	75022
partners of the organization;	75023

(b) Through arrangements with individual physicians or one or	75024
more groups of physicians organized on a group-practice or	75025
individual-practice basis.	75026

(B) As used in this chapter:

75027

(1) "Children's hospital" means any of the following:

75028

(a) A hospital registered under section 3701.07 of the	75029
Revised Code that provides general pediatric medical and surgical	75030
care, and in which at least seventy-five per cent of annual	75031
inpatient discharges for the preceding two calendar years were	75032
individuals less than eighteen years of age;	75033

(b) A distinct portion of a hospital registered under section	75034
3701.07 of the Revised Code that provides general pediatric	75035
medical and surgical care, has a total of at least one hundred	75036
fifty registered pediatric special care and pediatric acute care	75037
beds, and in which at least seventy-five per cent of annual	75038
inpatient discharges for the preceding two calendar years were	75039
individuals less than eighteen years of age;	75040

(c) A distinct portion of a hospital, if the hospital is	75041
registered under section 3701.07 of the Revised Code as a	75042
children's hospital and the children's hospital meets all the	75043
requirements of division (B)(1)(a) of this section.	75044

(2) "Hospital" means an institution classified as a hospital	75045
under section 3701.07 of the Revised Code in which are provided to	75046
inpatients diagnostic, medical, surgical, obstetrical,	75047
psychiatric, or rehabilitation care for a continuous period longer	75048
than twenty-four hours or a hospital operated by a health	75049
maintenance organization. "Hospital" does not include a facility	75050
licensed under Chapter 3721. of the Revised Code, a health care	75051
facility operated by the department of ~~mental health~~mental health	75052
and addiction services or the department of developmental	75053
disabilities, a health maintenance organization that does not	75054
operate a hospital, the office of any private licensed health care	75055
professional, whether organized for individual or group practice,	75056
or a clinic that provides ambulatory patient services and where	75057
patients are not regularly admitted as inpatients. "Hospital" also	75058
does not include an institution for the sick that is operated	75059
exclusively for patients who use spiritual means for healing and	75060
for whom the acceptance of medical care is inconsistent with their	75061
religious beliefs, accredited by a national accrediting	75062
organization, exempt from federal income taxation under section	75063
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	75064
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	75065
care pursuant to the exemption in division (E) of section 4723.32	75066
of the Revised Code from the licensing requirements of Chapter	75067
4723. of the Revised Code.	75068

(3) "Joint commission" means the commission formerly known as	75069
the joint commission on accreditation of healthcare organizations	75070
or the joint commission on accreditation of hospitals.	75071

Sec. 3734.01. As used in this chapter:

75072

(A) "Board of health" means the board of health of a city or	75073
general health district or the authority having the duties of a	75074
board of health in any city as authorized by section 3709.05 of	75075
the Revised Code.	75076

(B) "Director" means the director of environmental	75077
protection.	75078

(C) "Health district" means a city or general health district	75079
as created by or under authority of Chapter 3709. of the Revised	75080
Code.	75081

(D) "Agency" means the environmental protection agency.

75082

(E) "Solid wastes" means such unwanted residual solid or	75083
semisolid material as results from industrial, commercial,	75084
agricultural, and community operations, excluding earth or	75085
material from construction, mining, or demolition operations, or	75086
other waste materials of the type that normally would be included	75087
in demolition debris, nontoxic fly ash and bottom ash, including	75088
at least ash that results from the combustion of coal and ash that	75089
results from the combustion of coal in combination with scrap	75090
tires where scrap tires comprise not more than fifty per cent of	75091
heat input in any month, spent nontoxic foundry sand, and slag and	75092
other substances that are not harmful or inimical to public	75093
health, and includes, but is not limited to, garbage, scrap tires,	75094
combustible and noncombustible material, street dirt, and debris.	75095
"Solid wastes" does not include any material that is an infectious	75096
waste or a hazardous waste.	75097

(F) "Disposal" means the discharge, deposit, injection,	75098
dumping, spilling, leaking, emitting, or placing of any solid	75099
wastes or hazardous waste into or on any land or ground or surface	75100
water or into the air, except if the disposition or placement	75101
constitutes storage or treatment or, if the solid wastes consist	75102
of scrap tires, the disposition or placement constitutes a	75103
beneficial use or occurs at a scrap tire recovery facility	75104
licensed under section 3734.81 of the Revised Code.	75105

(G) "Person" includes the state, any political subdivision	75106
and other state or local body, the United States and any agency or	75107
instrumentality thereof, and any legal entity defined as a person	75108
under section 1.59 of the Revised Code.	75109

(H) "Open burning" means the burning of solid wastes in an	75110
open area or burning of solid wastes in a type of chamber or	75111
vessel that is not approved or authorized in rules adopted by the	75112
director under section 3734.02 of the Revised Code or, if the	75113
solid wastes consist of scrap tires, in rules adopted under	75114
division (V) of this section or section 3734.73 of the Revised	75115
Code, or the burning of treated or untreated infectious wastes in	75116
an open area or in a type of chamber or vessel that is not	75117
approved in rules adopted by the director under section 3734.021	75118
of the Revised Code.	75119

(I) "Open dumping" means the depositing of solid wastes into	75120
a body or stream of water or onto the surface of the ground at a	75121
site that is not licensed as a solid waste facility under section	75122
3734.05 of the Revised Code or, if the solid wastes consist of	75123
scrap tires, as a scrap tire collection, storage, monocell,	75124
monofill, or recovery facility under section 3734.81 of the	75125
Revised Code; the depositing of solid wastes that consist of scrap	75126
tires onto the surface of the ground at a site or in a manner not	75127
specifically identified in divisions (C)(2) to (5), (7), or (10)	75128
of section 3734.85 of the Revised Code; the depositing of	75129
untreated infectious wastes into a body or stream of water or onto	75130
the surface of the ground; or the depositing of treated infectious	75131
wastes into a body or stream of water or onto the surface of the	75132
ground at a site that is not licensed as a solid waste facility	75133
under section 3734.05 of the Revised Code.	75134

(J) "Hazardous waste" means any waste or combination of	75135
wastes in solid, liquid, semisolid, or contained gaseous form that	75136
in the determination of the director, because of its quantity,	75137
concentration, or physical or chemical characteristics, may do	75138
either of the following:	75139

(1) Cause or significantly contribute to an increase in	75140
mortality or an increase in serious irreversible or incapacitating	75141
reversible illness;	75142

(2) Pose a substantial present or potential hazard to human	75143
health or safety or to the environment when improperly stored,	75144
treated, transported, disposed of, or otherwise managed.	75145

"Hazardous waste" includes any substance identified by	75146
regulation as hazardous waste under the "Resource Conservation and	75147
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75148
amended, and does not include any substance that is subject to the	75149
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	75150
amended.	75151

(K) "Treat" or "treatment," when used in connection with	75152
hazardous waste, means any method, technique, or process designed	75153
to change the physical, chemical, or biological characteristics or	75154
composition of any hazardous waste; to neutralize the waste; to	75155
recover energy or material resources from the waste; to render the	75156
waste nonhazardous or less hazardous, safer to transport, store,	75157
or dispose of, or amenable for recovery, storage, further	75158
treatment, or disposal; or to reduce the volume of the waste. When	75159
used in connection with infectious wastes, "treat" or "treatment"	75160
means any method, technique, or process that renders the wastes	75161
noninfectious so that it is no longer an infectious waste and is	75162
no longer an infectious substance as defined in applicable federal	75163
law, including, without limitation, steam sterilization and	75164
incineration, and, in the instance of wastes identified in	75165
division (R)(7) of this section, to substantially reduce or	75166
eliminate the potential for the wastes to cause lacerations or	75167
puncture wounds.	75168

(L) "Manifest" means the form used for identifying the	75169
quantity, composition, origin, routing, and destination of	75170
hazardous waste during its transportation from the point of	75171
generation to the point of disposal, treatment, or storage.	75172

(M) "Storage," when used in connection with hazardous waste,	75173
means the holding of hazardous waste for a temporary period in	75174
such a manner that it remains retrievable and substantially	75175
unchanged physically and chemically and, at the end of the period,	75176
is treated; disposed of; stored elsewhere; or reused, recycled, or	75177
reclaimed in a beneficial manner. When used in connection with	75178
solid wastes that consist of scrap tires, "storage" means the	75179
holding of scrap tires for a temporary period in such a manner	75180
that they remain retrievable and, at the end of that period, are	75181
beneficially used; stored elsewhere; placed in a scrap tire	75182
monocell or monofill facility licensed under section 3734.81 of	75183
the Revised Code; processed at a scrap tire recovery facility	75184
licensed under that section or a solid waste incineration or	75185
energy recovery facility subject to regulation under this chapter;	75186
or transported to a scrap tire monocell, monofill, or recovery	75187
facility, any other solid waste facility authorized to dispose of	75188
scrap tires, or a facility that will beneficially use the scrap	75189
tires, that is located in another state and is operating in	75190
compliance with the laws of the state in which the facility is	75191
located.	75192

(N) "Facility" means any site, location, tract of land,	75193
installation, or building used for incineration, composting,	75194
sanitary landfilling, or other methods of disposal of solid wastes	75195
or, if the solid wastes consist of scrap tires, for the	75196
collection, storage, or processing of the solid wastes; for the	75197
transfer of solid wastes; for the treatment of infectious wastes;	75198
or for the storage, treatment, or disposal of hazardous waste.	75199

(O) "Closure" means the time at which a hazardous waste	75200
facility will no longer accept hazardous waste for treatment,	75201
storage, or disposal, the time at which a solid waste facility	75202
will no longer accept solid wastes for transfer or disposal or, if	75203
the solid wastes consist of scrap tires, for storage or	75204
processing, or the effective date of an order revoking the permit	75205
for a hazardous waste facility or the registration certificate,	75206
permit, or license for a solid waste facility, as applicable.	75207
"Closure" includes measures performed to protect public health or	75208
safety, to prevent air or water pollution, or to make the facility	75209
suitable for other uses, if any, including, but not limited to,	75210
the removal of processing residues resulting from solid wastes	75211
that consist of scrap tires; the establishment and maintenance of	75212
a suitable cover of soil and vegetation over cells in which	75213
hazardous waste or solid wastes are buried; minimization of	75214
erosion, the infiltration of surface water into such cells, the	75215
production of leachate, and the accumulation and runoff of	75216
contaminated surface water; the final construction of facilities	75217
for the collection and treatment of leachate and contaminated	75218
surface water runoff, except as otherwise provided in this	75219
division; the final construction of air and water quality	75220
monitoring facilities, except as otherwise provided in this	75221
division; the final construction of methane gas extraction and	75222
treatment systems; or the removal and proper disposal of hazardous	75223
waste or solid wastes from a facility when necessary to protect	75224
public health or safety or to abate or prevent air or water	75225
pollution. With regard to a solid waste facility that is a scrap	75226
tire facility, "closure" includes the final construction of	75227
facilities for the collection and treatment of leachate and	75228
contaminated surface water runoff and the final construction of	75229
air and water quality monitoring facilities only if those actions	75230
are determined to be necessary.	75231

(P) "Premises" means either of the following:

75232

(1) Geographically contiguous property owned by a generator;

75233

(2) Noncontiguous property that is owned by a generator and	75234
connected by a right-of-way that the generator controls and to	75235
which the public does not have access. Two or more pieces of	75236
property that are geographically contiguous and divided by public	75237
or private right-of-way or rights-of-way are a single premises.	75238

(Q) "Post-closure" means that period of time following	75239
closure during which a hazardous waste facility is required to be	75240
monitored and maintained under this chapter and rules adopted	75241
under it, including, without limitation, operation and maintenance	75242
of methane gas extraction and treatment systems, or the period of	75243
time after closure during which a scrap tire monocell or monofill	75244
facility licensed under section 3734.81 of the Revised Code is	75245
required to be monitored and maintained under this chapter and	75246
rules adopted under it.	75247

(R) "Infectious wastes" means any wastes or combination of	75248
wastes that include cultures and stocks of infectious agents and	75249
associated biologicals, human blood and blood products, and	75250
substances that were or are likely to have been exposed to or	75251
contaminated with or are likely to transmit an infectious agent or	75252
zoonotic agent, including all of the following:	75253

(1) Laboratory wastes;

75254

(2) Pathological wastes;

75255

(3) Animal blood and blood products;

75256

(4) Animal carcasses and parts;

75257

(5) Waste materials from the rooms of humans, or the	75258
enclosures of animals, that have been isolated because of	75259
diagnosed communicable disease that are likely to transmit	75260
infectious agents. Such waste materials from the rooms of humans	75261
do not include any wastes of patients who have been placed on	75262
blood and body fluid precautions under the universal precaution	75263
system established by the centers for disease control in the	75264
public health service of the United States department of health	75265
and human services, except to the extent specific wastes generated	75266
under the universal precautions system have been identified as	75267
infectious wastes by rules adopted under division (R)(7) of this	75268
section.	75269

(6) Sharp wastes used in the treatment, diagnosis, or	75270
inoculation of human beings or animals;	75271

(7) Any other waste materials generated in the diagnosis,	75272
treatment, or immunization of human beings or animals, in research	75273
pertaining thereto, or in the production or testing of	75274
biologicals, that the director of health, by rules adopted in	75275
accordance with Chapter 119. of the Revised Code, identifies as	75276
infectious wastes after determining that the wastes present a	75277
substantial threat to human health when improperly managed because	75278
they are contaminated with, or are likely to be contaminated with,	75279
infectious agents.	75280

As used in this division, "blood products" does not include	75281
patient care waste such as bandages or disposable gowns that are	75282
lightly soiled with blood or other body fluids unless those wastes	75283
are soiled to the extent that the generator of the wastes	75284
determines that they should be managed as infectious wastes.	75285

(S) "Infectious agent" means a type of microorganism,	75286
pathogen, virus, or proteinaceous infectious particle that can	75287
cause or significantly contribute to disease in or death of human	75288
beings.	75289

(T) "Zoonotic agent" means a type of microorganism, pathogen,	75290
or virus that causes disease in vertebrate animals, is	75291
transmissible to human beings, and can cause or significantly	75292
contribute to disease in or death of human beings.	75293

(U) "Solid waste transfer facility" means any site, location,	75294
tract of land, installation, or building that is used or intended	75295
to be used primarily for the purpose of transferring solid wastes	75296
that were generated off the premises of the facility from vehicles	75297
or containers into other vehicles for transportation to a solid	75298
waste disposal facility. "Solid waste transfer facility" does not	75299
include any facility that consists solely of portable containers	75300
that have an aggregate volume of fifty cubic yards or less nor any	75301
facility where legitimate recycling activities are conducted.	75302

(V) "Beneficially use" means:

75303

(1) With regard to scrap tires, to use a scrap tire in a	75304
manner that results in a commodity for sale or exchange or in any	75305
other manner authorized as a beneficial use in rules adopted by	75306
the director in accordance with Chapter 119. of the Revised Code;	75307

(2) With regard to material from a horizontal well that has	75308
come in contact with a refined oil-based substance and that is not	75309
technologically enhanced naturally occurring radioactive material,	75310
to use the material in any manner authorized as a beneficial use	75311
in rules adopted by the director under section 3734.125 of the	75312
Revised Code.	75313

(W) "Commercial car," "commercial tractor," "farm machinery,"	75314
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	75315
the same meanings as in section 4501.01 of the Revised Code.	75316

(X) "Construction equipment" means road rollers, traction	75317
engines, power shovels, power cranes, and other equipment used in	75318
construction work, or in mining or producing or processing	75319
aggregates, and not designed for or used in general highway	75320
transportation.	75321

(Y) "Motor vehicle salvage dealer" has the same meaning as in	75322
section 4738.01 of the Revised Code.	75323

(Z) "Scrap tire" means an unwanted or discarded tire.

75324

(AA) "Scrap tire collection facility" means any facility that	75325
meets all of the following qualifications:	75326

(1) The facility is used for the receipt and storage of whole	75327
scrap tires from the public prior to their transportation to a	75328
scrap tire storage, monocell, monofill, or recovery facility	75329
licensed under section 3734.81 of the Revised Code; a solid waste	75330
incineration or energy recovery facility subject to regulation	75331
under this chapter; a premises within the state where the scrap	75332
tires will be beneficially used; or a scrap tire storage,	75333
monocell, monofill, or recovery facility, any other solid waste	75334
disposal facility authorized to dispose of scrap tires, or a	75335
facility that will beneficially use the scrap tires, that is	75336
located in another state, and that is operating in compliance with	75337
the laws of the state in which the facility is located.	75338

(2) The facility exclusively stores scrap tires in portable	75339
containers.	75340

(3) The aggregate storage of the portable containers in which	75341
the scrap tires are stored does not exceed five thousand cubic	75342
feet.	75343

(BB) "Scrap tire monocell facility" means an individual site	75344
within a solid waste landfill that is used exclusively for the	75345
environmentally sound storage or disposal of whole scrap tires or	75346
scrap tires that have been shredded, chipped, or otherwise	75347
mechanically processed.	75348

(CC) "Scrap tire monofill facility" means an engineered	75349
facility used or intended to be used exclusively for the storage	75350
or disposal of scrap tires, including at least facilities for the	75351
submergence of whole scrap tires in a body of water.	75352

(DD) "Scrap tire recovery facility" means any facility, or	75353
portion thereof, for the processing of scrap tires for the purpose	75354
of extracting or producing usable products, materials, or energy	75355
from the scrap tires through a controlled combustion process,	75356
mechanical process, or chemical process. "Scrap tire recovery	75357
facility" includes any facility that uses the controlled	75358
combustion of scrap tires in a manufacturing process to produce	75359
process heat or steam or any facility that produces usable heat or	75360
electric power through the controlled combustion of scrap tires in	75361
combination with another fuel, but does not include any solid	75362
waste incineration or energy recovery facility that is designed,	75363
constructed, and used for the primary purpose of incinerating	75364
mixed municipal solid wastes and that burns scrap tires in	75365
conjunction with mixed municipal solid wastes, or any tire	75366
retreading business, tire manufacturing finishing center, or tire	75367
adjustment center having on the premises of the business a single,	75368
covered scrap tire storage area at which not more than four	75369
thousand scrap tires are stored.	75370

(EE) "Scrap tire storage facility" means any facility where	75371
whole scrap tires are stored prior to their transportation to a	75372
scrap tire monocell, monofill, or recovery facility licensed under	75373
section 3734.81 of the Revised Code; a solid waste incineration or	75374
energy recovery facility subject to regulation under this chapter;	75375
a premises within the state where the scrap tires will be	75376
beneficially used; or a scrap tire storage, monocell, monofill, or	75377
recovery facility, any other solid waste disposal facility	75378
authorized to dispose of scrap tires, or a facility that will	75379
beneficially use the scrap tires, that is located in another	75380
state, and that is operating in compliance with the laws of the	75381
state in which the facility is located.	75382

(FF) "Used oil" means any oil that has been refined from	75383
crude oil, or any synthetic oil, that has been used and, as a	75384
result of that use, is contaminated by physical or chemical	75385
impurities. "Used oil" includes only those substances identified	75386
as used oil by the United States environmental protection agency	75387
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	75388
U.S.C.A. 6901a, as amended.	75389

(GG) "Accumulated speculatively" has the same meaning as in	75390
rules adopted by the director under section 3734.12 of the Revised	75391
Code.	75392

(HH) "Horizontal well" has the same meaning as in section	75393
1509.01 of the Revised Code.	75394

(II) "Technologically enhanced naturally occurring	75395
radioactive material" has the same meaning as in section 3748.01	75396
of the Revised Code.	75397

Sec. 3734.02. (A) The director of environmental protection,	75398
in accordance with Chapter 119. of the Revised Code, shall adopt	75399
and may amend, suspend, or rescind rules having uniform	75400
application throughout the state governing solid waste facilities	75401
and the inspections of and issuance of permits and licenses for	75402
all solid waste facilities in order to ensure that the facilities	75403
will be located, maintained, and operated, and will undergo	75404
closure and post-closure care, in a sanitary manner so as not to	75405
create a nuisance, cause or contribute to water pollution, create	75406
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	75407
257.3-8, as amended. The rules may include, without limitation,	75408
financial assurance requirements for closure and post-closure care	75409
and corrective action and requirements for taking corrective	75410
action in the event of the surface or subsurface discharge or	75411
migration of explosive gases or leachate from a solid waste	75412
facility, or of ground water contamination resulting from the	75413
transfer or disposal of solid wastes at a facility, beyond the	75414
boundaries of any area within a facility that is operating or is	75415
undergoing closure or post-closure care where solid wastes were	75416
disposed of or are being disposed of. The rules shall not concern	75417
or relate to personnel policies, salaries, wages, fringe benefits,	75418
or other conditions of employment of employees of persons owning	75419
or operating solid waste facilities. The director, in accordance	75420
with Chapter 119. of the Revised Code, shall adopt and may amend,	75421
suspend, or rescind rules governing the issuance, modification,	75422
revocation, suspension, or denial of variances from the director's	75423
solid waste rules, including, without limitation, rules adopted	75424
under this chapter governing the management of scrap tires.	75425

Variances shall be issued, modified, revoked, suspended, or	75426
rescinded in accordance with this division, rules adopted under	75427
it, and Chapter 3745. of the Revised Code. The director may order	75428
the person to whom a variance is issued to take such action within	75429
such time as the director may determine to be appropriate and	75430
reasonable to prevent the creation of a nuisance or a hazard to	75431
the public health or safety or the environment. Applications for	75432
variances shall contain such detail plans, specifications, and	75433
information regarding objectives, procedures, controls, and other	75434
pertinent data as the director may require. The director shall	75435
grant a variance only if the applicant demonstrates to the	75436
director's satisfaction that construction and operation of the	75437
solid waste facility in the manner allowed by the variance and any	75438
terms or conditions imposed as part of the variance will not	75439
create a nuisance or a hazard to the public health or safety or	75440
the environment. In granting any variance, the director shall	75441
state the specific provision or provisions whose terms are to be	75442
varied and also shall state specific terms or conditions imposed	75443
upon the applicant in place of the provision or provisions. The	75444
director may hold a public hearing on an application for a	75445
variance or renewal of a variance at a location in the county	75446
where the operations that are the subject of the application for	75447
the variance are conducted. The director shall give not less than	75448
twenty days' notice of the hearing to the applicant by certified	75449
mail or by another type of mail accompanied by a receipt and shall	75450
publish at least one notice of the hearing in a newspaper with	75451
general circulation in the county where the hearing is to be held.	75452
The director shall make available for public inspection at the	75453
principal office of the environmental protection agency a current	75454
list of pending applications for variances and a current schedule	75455
of pending variance hearings. The director shall make a complete	75456
stenographic record of testimony and other evidence submitted at	75457
the hearing. Within ten days after the hearing, the director shall	75458
make a written determination to issue, renew, or deny the variance	75459
and shall enter the determination and the basis for it into the	75460
record of the hearing. The director shall issue, renew, or deny an	75461
application for a variance or renewal of a variance within six	75462
months of the date upon which the director receives a complete	75463
application with all pertinent information and data required. No	75464
variance shall be issued, revoked, modified, or denied until the	75465
director has considered the relative interests of the applicant,	75466
other persons and property affected by the variance, and the	75467
general public. Any variance granted under this division shall be	75468
for a period specified by the director and may be renewed from	75469
time to time on such terms and for such periods as the director	75470
determines to be appropriate. No application shall be denied and	75471
no variance shall be revoked or modified without a written order	75472
stating the findings upon which the denial, revocation, or	75473
modification is based. A copy of the order shall be sent to the	75474
applicant or variance holder by certified mail or by another type	75475
of mail accompanied by a receipt.	75476

(B) The director shall prescribe and furnish the forms	75477
necessary to administer and enforce this chapter. The director may	75478
cooperate with and enter into agreements with other state, local,	75479
or federal agencies to carry out the purposes of this chapter. The	75480
director may exercise all incidental powers necessary to carry out	75481
the purposes of this chapter.	75482

The director may use moneys in the infectious waste	75483
management fund created in section 3734.021 of the Revised Code	75484
exclusively for administering and enforcing the provisions of this	75485
chapter governing the management of infectious wastes.	75486

(C) Except as provided in this division and divisions (N)(2)	75487
and (3) of this section, no person shall establish a new solid	75488
waste facility or infectious waste treatment facility, or modify	75489
an existing solid waste facility or infectious waste treatment	75490
facility, without submitting an application for a permit with	75491
accompanying detail plans, specifications, and information	75492
regarding the facility and method of operation and receiving a	75493
permit issued by the director, except that no permit shall be	75494
required under this division to install or operate a solid waste	75495
facility for sewage sludge treatment or disposal when the	75496
treatment or disposal is authorized by a current permit issued	75497
under Chapter 3704. or 6111. of the Revised Code.	75498

No person shall continue to operate a solid waste facility	75499
for which the director has denied a permit for which an	75500
application was required under division (A)(3) of section 3734.05	75501
of the Revised Code, or for which the director has disapproved	75502
plans and specifications required to be filed by an order issued	75503
under division (A)(5) of that section, after the date prescribed	75504
for commencement of closure of the facility in the order issued	75505
under division (A)(6) of section 3734.05 of the Revised Code	75506
denying the permit application or approval.	75507

On and after the effective date of the rules adopted under	75508
division (A) of this section and division (D) of section 3734.12	75509
of the Revised Code governing solid waste transfer facilities, no	75510
person shall establish a new, or modify an existing, solid waste	75511
transfer facility without first submitting an application for a	75512
permit with accompanying engineering detail plans, specifications,	75513
and information regarding the facility and its method of operation	75514
to the director and receiving a permit issued by the director.	75515

No person shall establish a new compost facility or continue	75516
to operate an existing compost facility that accepts exclusively	75517
source separated yard wastes without submitting a completed	75518
registration for the facility to the director in accordance with	75519
rules adopted under divisions (A) and (N)(3) of this section.	75520

This division does not apply to a generator of infectious	75521
wastes that does any of the following:	75522

(1) Treats, by methods, techniques, and practices established	75523
by rules adopted under division (B)(2)(a) of section 3734.021 of	75524
the Revised Code, any of the following:	75525

(a) Infectious wastes that are generated on any premises that	75526
are owned or operated by the generator;	75527

(b) Infectious wastes that are generated by a generator who	75528
has staff privileges at a hospital as defined in section 3727.01	75529
of the Revised Code;	75530

(c) Infectious wastes that are generated in providing care to	75531
a patient by an emergency medical services organization as defined	75532
in section 4765.01 of the Revised Code.	75533

(2) Holds a license or renewal of a license to operate a	75534
crematory facility issued under Chapter 4717. and a permit issued	75535
under Chapter 3704. of the Revised Code;	75536

(3) Treats or disposes of dead animals or parts thereof, or	75537
the blood of animals, and is subject to any of the following:	75538

(a) Inspection under the "Federal Meat Inspection Act," 81	75539
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	75540

(b) Chapter 918. of the Revised Code;

75541

75542

(D) Neither this chapter nor any rules adopted under it apply	75543
to single-family residential premises; to infectious wastes	75544
generated by individuals for purposes of their own care or	75545
treatment; to the temporary storage of solid wastes, other than	75546
scrap tires, prior to their collection for disposal; to the	75547
storage of one hundred or fewer scrap tires unless they are stored	75548
in such a manner that, in the judgment of the director or the	75549
board of health of the health district in which the scrap tires	75550
are stored, the storage causes a nuisance, a hazard to public	75551
health or safety, or a fire hazard; or to the collection of solid	75552
wastes, other than scrap tires, by a political subdivision or a	75553
person holding a franchise or license from a political subdivision	75554
of the state; to composting, as defined in section 1511.01 of the	75555
Revised Code, conducted in accordance with section 1511.022 of the	75556
Revised Code; or to any person who is licensed to transport raw	75557
rendering material to a compost facility pursuant to section	75558
953.23 of the Revised Code.	75559

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

75560

(a) "On-site facility" means a facility that stores, treats,	75561
or disposes of hazardous waste that is generated on the premises	75562
of the facility.	75563

(b) "Off-site facility" means a facility that stores, treats,	75564
or disposes of hazardous waste that is generated off the premises	75565
of the facility and includes such a facility that is also an	75566
on-site facility.	75567

75568

(i) An on-site facility that also receives hazardous waste	75569
from other premises owned by the same person who generates the	75570
waste on the facility premises;	75571

(ii) An off-site facility operated so that all of the	75572
hazardous waste it receives is generated on one or more premises	75573
owned by the person who owns the facility;	75574

(iii) An on-site facility that also receives hazardous waste	75575
that is transported uninterruptedly and directly to the facility	75576
through a pipeline from a generator who is not the owner of the	75577
facility.	75578

(2) Except as provided in division (E)(3) of this section, no	75579
person shall establish or operate a hazardous waste facility, or	75580
use a solid waste facility for the storage, treatment, or disposal	75581
of any hazardous waste, without a hazardous waste facility	75582
installation and operation permit issued in accordance with	75583
section 3734.05 of the Revised Code and subject to the payment of	75584
an application fee not to exceed one thousand five hundred	75585
dollars, payable upon application for a hazardous waste facility	75586
installation and operation permit and upon application for a	75587
renewal permit issued under division (H) of section 3734.05 of the	75588
Revised Code, to be credited to the hazardous waste facility	75589
management fund created in section 3734.18 of the Revised Code.	75590
The term of a hazardous waste facility installation and operation	75591
permit shall not exceed ten years.	75592

In addition to the application fee, there is hereby levied an	75593
annual permit fee to be paid by the permit holder upon the	75594
anniversaries of the date of issuance of the hazardous waste	75595
facility installation and operation permit and of any subsequent	75596
renewal permits and to be credited to the hazardous waste facility	75597
management fund. Annual permit fees totaling forty thousand	75598
dollars or more for any one facility may be paid on a quarterly	75599
basis with the first quarterly payment each year being due on the	75600
anniversary of the date of issuance of the hazardous waste	75601
facility installation and operation permit and of any subsequent	75602
renewal permits. The annual permit fee shall be determined for	75603
each permit holder by the director in accordance with the	75604
following schedule:	75605

TYPE OF BASIC			75606
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	75607
Storage facility using:			75608
Containers	On-site, off-site, and		75609
	satellite	$ 500	75610
Tanks	On-site, off-site, and		75611
	satellite	500	75612
Waste pile	On-site, off-site, and		75613
	satellite	3,000	75614
Surface impoundment	On-site and satellite	8,000	75615
	Off-site	10,000	75616
Disposal facility using:			75617
Deep well injection	On-site and satellite	15,000	75618
	Off-site	25,000	75619
Landfill	On-site and satellite	25,000	75620
	Off-site	40,000	75621
Land application	On-site and satellite	2,500	75622
	Off-site	5,000	75623
Surface impoundment	On-site and satellite	10,000	75624
	Off-site	20,000	75625
Treatment facility using:			75626
Tanks	On-site, off-site, and		75627
	satellite	700	75628
Surface impoundment	On-site and satellite	8,000	75629
	Off-site	10,000	75630
Incinerator	On-site and satellite	5,000	75631
	Off-site	10,000	75632
Other forms			75633
of treatment	On-site, off-site, and		75634
	satellite	1,000	75635

A hazardous waste disposal facility that disposes of	75636
hazardous waste by deep well injection and that pays the annual	75637
permit fee established in section 6111.046 of the Revised Code is	75638
not subject to the permit fee established in this division for	75639
disposal facilities using deep well injection unless the director	75640
determines that the facility is not in compliance with applicable	75641
requirements established under this chapter and rules adopted	75642
under it.	75643

In determining the annual permit fee required by this	75644
section, the director shall not require additional payments for	75645
multiple units of the same method of storage, treatment, or	75646
disposal or for individual units that are used for both storage	75647
and treatment. A facility using more than one method of storage,	75648
treatment, or disposal shall pay the permit fee indicated by the	75649
schedule for each such method.	75650

The director shall not require the payment of that portion of	75651
an annual permit fee of any permit holder that would apply to a	75652
hazardous waste management unit for which a permit has been	75653
issued, but for which construction has not yet commenced. Once	75654
construction has commenced, the director shall require the payment	75655
of a part of the appropriate fee indicated by the schedule that	75656
bears the same relationship to the total fee that the number of	75657
days remaining until the next anniversary date at which payment of	75658
the annual permit fee is due bears to three hundred sixty-five.	75659

The director, by rules adopted in accordance with Chapters	75660
119. and 3745. of the Revised Code, shall prescribe procedures for	75661
collecting the annual permit fee established by this division and	75662
may prescribe other requirements necessary to carry out this	75663
division.	75664

(3) The prohibition against establishing or operating a	75665
hazardous waste facility without a hazardous waste facility	75666
installation and operation permit does not apply to either of the	75667
following:	75668

(a) A facility that is operating in accordance with a permit	75669
renewal issued under division (H) of section 3734.05 of the	75670
Revised Code, a revision issued under division (I) of that section	75671
as it existed prior to August 20, 1996, or a modification issued	75672
by the director under division (I) of that section on and after	75673
August 20, 1996;	75674

(b) Except as provided in division (J) of section 3734.05 of	75675
the Revised Code, a facility that will operate or is operating in	75676
accordance with a permit by rule, or that is not subject to permit	75677
requirements, under rules adopted by the director. In accordance	75678
with Chapter 119. of the Revised Code, the director shall adopt,	75679
and subsequently may amend, suspend, or rescind, rules for the	75680
purposes of division (E)(3)(b) of this section. Any rules so	75681
adopted shall be consistent with and equivalent to regulations	75682
pertaining to interim status adopted under the "Resource	75683
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	75684
6921, as amended, except as otherwise provided in this chapter.	75685

If a modification is requested or proposed for a facility	75686
described in division (E)(3)(a) or (b) of this section, division	75687
(I)(7) of section 3734.05 of the Revised Code applies.	75688

(F) No person shall store, treat, or dispose of hazardous	75689
waste identified or listed under this chapter and rules adopted	75690
under it, regardless of whether generated on or off the premises	75691
where the waste is stored, treated, or disposed of, or transport	75692
or cause to be transported any hazardous waste identified or	75693
listed under this chapter and rules adopted under it to any other	75694
premises, except at or to any of the following:	75695

(1) A hazardous waste facility operating under a permit	75696
issued in accordance with this chapter;	75697

(2) A facility in another state operating under a license or	75698
permit issued in accordance with the "Resource Conservation and	75699
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75700
amended;	75701

(3) A facility in another nation operating in accordance with	75702
the laws of that nation;	75703

(4) A facility holding a permit issued pursuant to Title I of	75704
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	75705
Stat. 1052, 33 U.S.C.A. 1401, as amended;	75706

(5) A hazardous waste facility as described in division	75707
(E)(3)(a) or (b) of this section.	75708

(G) The director, by order, may exempt any person generating,	75709
collecting, storing, treating, disposing of, or transporting solid	75710
wastes, infectious wastes, or hazardous waste, or processing solid	75711
wastes that consist of scrap tires, in such quantities or under	75712
such circumstances that, in the determination of the director, are	75713
unlikely to adversely affect the public health or safety or the	75714
environment from any requirement to obtain a registration	75715
certificate, permit, or license or comply with the manifest system	75716
or other requirements of this chapter. Such an exemption shall be	75717
consistent with and equivalent to any regulations adopted by the	75718
administrator of the United States environmental protection agency	75719
under the "Resource Conservation and Recovery Act of 1976," 90	75720
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	75721
provided in this chapter.	75722

(H) No person shall engage in filling, grading, excavating,	75723
building, drilling, or mining on land where a hazardous waste	75724
facility, or a solid waste facility, was operated without prior	75725
authorization from the director, who shall establish the procedure	75726
for granting such authorization by rules adopted in accordance	75727
with Chapter 119. of the Revised Code.	75728

A public utility that has main or distribution lines above or	75729
below the land surface located on an easement or right-of-way	75730
across land where a solid waste facility was operated may engage	75731
in any such activity within the easement or right-of-way without	75732
prior authorization from the director for purposes of performing	75733
emergency repair or emergency replacement of its lines; of the	75734
poles, towers, foundations, or other structures supporting or	75735
sustaining any such lines; or of the appurtenances to those	75736
structures, necessary to restore or maintain existing public	75737
utility service. A public utility may enter upon any such easement	75738
or right-of-way without prior authorization from the director for	75739
purposes of performing necessary or routine maintenance of those	75740
portions of its existing lines; of the existing poles, towers,	75741
foundations, or other structures sustaining or supporting its	75742
lines; or of the appurtenances to any such supporting or	75743
sustaining structure, located on or above the land surface on any	75744
such easement or right-of-way. Within twenty-four hours after	75745
commencing any such emergency repair, replacement, or maintenance	75746
work, the public utility shall notify the director or the	75747
director's authorized representative of those activities and shall	75748
provide such information regarding those activities as the	75749
director or the director's representative may request. Upon	75750
completion of the emergency repair, replacement, or maintenance	75751
activities, the public utility shall restore any land of the solid	75752
waste facility disturbed by those activities to the condition	75753
existing prior to the commencement of those activities.	75754

(I) No owner or operator of a hazardous waste facility, in	75755
the operation of the facility, shall cause, permit, or allow the	75756
emission therefrom of any particulate matter, dust, fumes, gas,	75757
mist, smoke, vapor, or odorous substance that, in the opinion of	75758
the director, unreasonably interferes with the comfortable	75759
enjoyment of life or property by persons living or working in the	75760
vicinity of the facility, or that is injurious to public health.	75761
Any such action is hereby declared to be a public nuisance.	75762

(J) Notwithstanding any other provision of this chapter, in	75763
the event the director finds an imminent and substantial danger to	75764
public health or safety or the environment that creates an	75765
emergency situation requiring the immediate treatment, storage, or	75766
disposal of hazardous waste, the director may issue a temporary	75767
emergency permit to allow the treatment, storage, or disposal of	75768
the hazardous waste at a facility that is not otherwise authorized	75769
by a hazardous waste facility installation and operation permit to	75770
treat, store, or dispose of the waste. The emergency permit shall	75771
not exceed ninety days in duration and shall not be renewed. The	75772
director shall adopt, and may amend, suspend, or rescind, rules in	75773
accordance with Chapter 119. of the Revised Code governing the	75774
issuance, modification, revocation, and denial of emergency	75775
permits.	75776

(K) Except for infectious wastes generated by a person who	75777
produces fewer than fifty pounds of infectious wastes at a	75778
premises during any one month, no owner or operator of a sanitary	75779
landfill shall knowingly accept for disposal, or dispose of, any	75780
infectious wastes that have not been treated to render them	75781
noninfectious.	75782

(L) The director, in accordance with Chapter 119. of the	75783
Revised Code, shall adopt, and may amend, suspend, or rescind,	75784
rules having uniform application throughout the state establishing	75785
a training and certification program that shall be required for	75786
employees of boards of health who are responsible for enforcing	75787
the solid waste and infectious waste provisions of this chapter	75788
and rules adopted under them and for persons who are responsible	75789
for the operation of solid waste facilities or infectious waste	75790
treatment facilities. The rules shall provide all of the	75791
following, without limitation:	75792

(1) The program shall be administered by the director and	75793
shall consist of a course on new solid waste and infectious waste	75794
technologies, enforcement procedures, and rules;	75795

(2) The course shall be offered on an annual basis;

75796

(3) Those persons who are required to take the course under	75797
division (L) of this section shall do so triennially;	75798

(4) Persons who successfully complete the course shall be	75799
certified by the director;	75800

(5) Certification shall be required for all employees of	75801
boards of health who are responsible for enforcing the solid waste	75802
or infectious waste provisions of this chapter and rules adopted	75803
under them and for all persons who are responsible for the	75804
operation of solid waste facilities or infectious waste treatment	75805
facilities;	75806

(6)(a) All employees of a board of health who, on the	75807
effective date of the rules adopted under this division, are	75808
responsible for enforcing the solid waste or infectious waste	75809
provisions of this chapter and the rules adopted under them shall	75810
complete the course and be certified by the director not later	75811
than January 1, 1995;	75812

(b) All employees of a board of health who, after the	75813
effective date of the rules adopted under division (L) of this	75814
section, become responsible for enforcing the solid waste or	75815
infectious waste provisions of this chapter and rules adopted	75816
under them and who do not hold a current and valid certification	75817
from the director at that time shall complete the course and be	75818
certified by the director within two years after becoming	75819
responsible for performing those activities.	75820

No person shall fail to obtain the certification required	75821
under this division.	75822

(M) The director shall not issue a permit under section	75823
3734.05 of the Revised Code to establish a solid waste facility,	75824
or to modify a solid waste facility operating on December 21,	75825
1988, in a manner that expands the disposal capacity or geographic	75826
area covered by the facility, that is or is to be located within	75827
the boundaries of a state park established or dedicated under	75828
Chapter 1541. of the Revised Code, a state park purchase area	75829
established under section 1541.02 of the Revised Code, any unit of	75830
the national park system, or any property that lies within the	75831
boundaries of a national park or recreation area, but that has not	75832
been acquired or is not administered by the secretary of the	75833
United States department of the interior, located in this state,	75834
or any candidate area located in this state and identified for	75835
potential inclusion in the national park system in the edition of	75836
the "national park system plan" submitted under paragraph (b) of	75837
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	75838
U.S.C.A. 1a-5, as amended, current at the time of filing of the	75839
application for the permit, unless the facility or proposed	75840
facility is or is to be used exclusively for the disposal of solid	75841
wastes generated within the park or recreation area and the	75842
director determines that the facility or proposed facility will	75843
not degrade any of the natural or cultural resources of the park	75844
or recreation area. The director shall not issue a variance under	75845
division (A) of this section and rules adopted under it, or issue	75846
an exemption order under division (G) of this section, that would	75847
authorize any such establishment or expansion of a solid waste	75848
facility within the boundaries of any such park or recreation	75849
area, state park purchase area, or candidate area, other than a	75850
solid waste facility exclusively for the disposal of solid wastes	75851
generated within the park or recreation area when the director	75852
determines that the facility will not degrade any of the natural	75853
or cultural resources of the park or recreation area.	75854

(N)(1) The rules adopted under division (A) of this section,	75855
other than those governing variances, do not apply to scrap tire	75856
collection, storage, monocell, monofill, and recovery facilities.	75857
Those facilities are subject to and governed by rules adopted	75858
under sections 3734.70 to 3734.73 of the Revised Code, as	75859
applicable.	75860

(2) Division (C) of this section does not apply to scrap tire	75861
collection, storage, monocell, monofill, and recovery facilities.	75862
The establishment and modification of those facilities are subject	75863
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	75864
Code, as applicable.	75865

(3) The director may adopt, amend, suspend, or rescind rules	75866
under division (A) of this section creating an alternative system	75867
for authorizing the establishment, operation, or modification of a	75868
solid waste compost facility in lieu of the requirement that a	75869
person seeking to establish, operate, or modify a solid waste	75870
compost facility apply for and receive a permit under division (C)	75871
of this section and section 3734.05 of the Revised Code and a	75872
license under division (A)(1) of that section. The rules may	75873
include requirements governing, without limitation, the	75874
classification of solid waste compost facilities, the submittal of	75875
operating records for solid waste compost facilities, and the	75876
creation of a registration or notification system in lieu of the	75877
issuance of permits and licenses for solid waste compost	75878
facilities. The rules shall specify the applicability of divisions	75879
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	75880
Code to a solid waste compost facility.	75881

(O)(1) As used in this division, "secondary aluminum waste"	75882
means waste material or byproducts, when disposed of, containing	75883
aluminum generated from secondary aluminum smelting operations and	75884
consisting of dross, salt cake, baghouse dust associated with	75885
aluminum recycling furnace operations, or dry-milled wastes.	75886

(2) The owner or operator of a sanitary landfill shall not	75887
dispose of municipal solid waste that has been commingled with	75888
secondary aluminum waste.	75889

(3) The owner or operator of a sanitary landfill may dispose	75890
of secondary aluminum waste, but only in a monocell or monofill	75891
that has been permitted for that purpose in accordance with this	75892
chapter and rules adopted under it.	75893

(P)(1) As used in divisions (P) and (Q) of this section:

75894

(a) "Natural background" means two picocuries per gram or the	75895
actual number of picocuries per gram as measured at an individual	75896
solid waste facility, subject to verification by the director of	75897
health.	75898

(b) "Drilling operation" includes a production operation as	75899
defined in section 1509.01 of the Revised Code.	75900

(2) The owner or operator of a solid waste facility shall not	75901
accept for transfer or disposal technologically enhanced naturally	75902
occurring radioactive material if that material contains or is	75903
contaminated with radium-226, radium-228, or any combination of	75904
radium-226 and radium-228 at concentrations equal to or greater	75905
than five picocuries per gram above natural background.	75906

(3) The owner or operator of a solid waste facility may	75907
receive and process for purposes other than transfer or disposal	75908
technologically enhanced naturally occurring radioactive material	75909
that contains or is contaminated with radium-226, radium-228, or	75910
any combination of radium-226 and radium-228 at concentrations	75911
equal to or greater than five picocuries per gram above natural	75912
background, provided that the owner or operator has obtained and	75913
maintains all other necessary authorizations, including any	75914
authorization required by rules adopted by the director of health	75915
under section 3748.04 of the Revised Code.	75916

(4) The director of environmental protection may adopt rules	75917
in accordance with Chapter 119. of the Revised Code governing the	75918
receipt, acceptance, processing, handling, management, and	75919
disposal by solid waste facilities of material that contains or is	75920
contaminated with radioactive material, including, without	75921
limitation, technologically enhanced naturally occurring	75922
radioactive material that contains or is contaminated with	75923
radium-226, radium-228, or any combination of radium-226 and	75924
radium-228 at concentrations less than five picocuries per gram	75925
above natural background. Rules adopted by the director may	75926
include at a minimum both of the following:	75927

(a) Requirements in accordance with which the owner or	75928
operator of a solid waste facility must monitor leachate and	75929
ground water for radium-226, radium-228, and other radionuclides;	75930

(b) Requirements in accordance with which the owner or	75931
operator of a solid waste facility must develop procedures to	75932
ensure that technologically enhanced naturally occurring	75933
radioactive material accepted at the facility neither contains nor	75934
is contaminated with radium-226, radium-228, or any combination of	75935
radium-226 and radium-228 at concentrations equal to or greater	75936
than five picocuries per gram above natural background.	75937

(Q) Notwithstanding any other provision of this section, the	75938
owner or operator of a solid waste facility shall not receive,	75939
accept, process, handle, manage, or dispose of technologically	75940
enhanced naturally occurring radioactive material associated with	75941
drilling operations without first obtaining representative	75942
analytical results to determine compliance with divisions (P)(2)	75943
and (3) of this section and rules adopted under it.	75944

Sec. 3734.125. The director of environmental protection may	75945
adopt rules in accordance with Chapter 119. of the Revised Code	75946
establishing requirements governing the beneficial use of material	75947
from a horizontal well that has come in contact with a refined	75948
oil-based substance and that is not technologically enhanced	75949
naturally occurring radioactive material.	75950

Sec. 3734.28. Except as otherwise provided in sections	75951
3734.281 and 3734.282 of the Revised Code, moneys collected under	75952
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	75953
of the Revised Code and under the "Comprehensive Environmental	75954
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	75955
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	75956
under division (B)(1) of this section, shall be paid into the	75957
state treasury to the credit of the hazardous waste clean-up fund,	75958
which is hereby created. In addition, both of the following shall	75959
be credited to the fund:	75960

(A) Moneys recovered for costs paid from the fund for	75961
activities described in divisions (A)(1) and (2) of section	75962
3745.12 of the Revised Code;	75963

(B) Natural resource damage assessment costs recovered under	75964
any of the following:	75965

(1) The "Comprehensive Environmental Response, Compensation,	75966
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	75967
seq., as amended;	75968

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	75969
2701, et seq., as amended;	75970

(3) The ~~Federal Water Pollution Control Act as defined in~~	75971
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	75972
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	75973

(4) Any other applicable federal or state law.

75974

The environmental protection agency shall use the moneys in	75975
the fund for the purposes set forth in division (D) of section	75976
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	75977
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	75978
and Chapter 3746. of the Revised Code, including any related	75979
enforcement expenses and administrative expenses of any related	75980
closure or corrective action program. In addition, the agency	75981
shall use the moneys in the fund to pay the state's long-term	75982
operation and maintenance costs or matching share for actions	75983
taken under the "Comprehensive Environmental Response,	75984
Compensation, and Liability Act of 1980," as amended. If those	75985
moneys are reimbursed by grants or other moneys from the United	75986
States or any other person, the moneys shall be placed in the fund	75987
and not in the general revenue fund.	75988

The director of environmental protection may enter into	75989
contracts and grant agreements with federal, state, or local	75990
government agencies, nonprofit organizations, and colleges and	75991
universities for the purpose of carrying out the responsibilities	75992
of the environmental protection agency for which money may be	75993
expended from the fund.	75994

Sec. 3734.57. (A) The following fees are hereby levied on	75995
the transfer or disposal of solid wastes in this state:	75996

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	75997
thirty per cent of the proceeds of which shall be deposited in the	75998
state treasury to the credit of the hazardous waste facility	75999
management fund created in section 3734.18 of the Revised Code and	76000
~~one-half~~seventy per cent of the proceeds of which shall be	76001
deposited in the state treasury to the credit of the hazardous	76002
waste clean-up fund created in section 3734.28 of the Revised	76003
Code;	76004

(2) An additional one dollar per ton through June 30, ~~2014~~	76005
2016, the proceeds of which shall be deposited in the state	76006
treasury to the credit of the solid waste fund, which is hereby	76007
created. The environmental protection agency shall use money in	76008
the solid waste fund to pay the costs of administering and	76009
enforcing the laws pertaining to solid wastes, infectious wastes,	76010
and construction and demolition debris, including, without	76011
limitation, ground water evaluations related to solid wastes,	76012
infectious wastes, and construction and demolition debris, under	76013
this chapter and Chapter 3714. of the Revised Code and any rules	76014
adopted under them, providing compliance assistance to small	76015
businesses, and paying a share of the administrative costs of the	76016
environmental protection agency pursuant to section 3745.014 of	76017
the Revised Code.	76018

(3) An additional two dollars and fifty cents per ton through	76019
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	76020
the state treasury to the credit of the environmental protection	76021
fund created in section 3745.015 of the Revised Code;	76022

(4) An additional twenty-five cents per ton through June 30,	76023
~~2013~~2016, the proceeds of which shall be deposited in the state	76024
treasury to the credit of the soil and water conservation district	76025
assistance fund created in section 1515.14 of the Revised Code.	76026

In the case of solid wastes that are taken to a solid waste	76027
transfer facility located in this state prior to being transported	76028
for disposal at a solid waste disposal facility located in this	76029
state or outside of this state, the fees levied under this	76030
division shall be collected by the owner or operator of the	76031
transfer facility as a trustee for the state. The amount of fees	76032
required to be collected under this division at such a transfer	76033
facility shall equal the total tonnage of solid wastes received at	76034
the facility multiplied by the fees levied under this division. In	76035
the case of solid wastes that are not taken to a solid waste	76036
transfer facility located in this state prior to being transported	76037
to a solid waste disposal facility, the fees shall be collected by	76038
the owner or operator of the solid waste disposal facility as a	76039
trustee for the state. The amount of fees required to be collected	76040
under this division at such a disposal facility shall equal the	76041
total tonnage of solid wastes received at the facility that was	76042
not previously taken to a solid waste transfer facility located in	76043
this state multiplied by the fees levied under this division. Fees	76044
levied under this division do not apply to materials separated	76045
from a mixed waste stream for recycling by a generator or	76046
materials removed from the solid waste stream through recycling,	76047
as "recycling" is defined in rules adopted under section 3734.02	76048
of the Revised Code.	76049

The owner or operator of a solid waste transfer facility or	76050
disposal facility, as applicable, shall prepare and file with the	76051
director of environmental protection each month a return	76052
indicating the total tonnage of solid wastes received at the	76053
facility during that month and the total amount of the fees	76054
required to be collected under this division during that month. In	76055
addition, the owner or operator of a solid waste disposal facility	76056
shall indicate on the return the total tonnage of solid wastes	76057
received from transfer facilities located in this state during	76058
that month for which the fees were required to be collected by the	76059
transfer facilities. The monthly returns shall be filed on a form	76060
prescribed by the director. Not later than thirty days after the	76061
last day of the month to which a return applies, the owner or	76062
operator shall mail to the director the return for that month	76063
together with the fees required to be collected under this	76064
division during that month as indicated on the return or may	76065
submit the return and fees electronically in a manner approved by	76066
the director. If the return is filed and the amount of the fees	76067
due is paid in a timely manner as required in this division, the	76068
owner or operator may retain a discount of three-fourths of one	76069
per cent of the total amount of the fees that are required to be	76070
paid as indicated on the return.	76071

The owner or operator may request an extension of not more	76072
than thirty days for filing the return and remitting the fees,	76073
provided that the owner or operator has submitted such a request	76074
in writing to the director together with a detailed description of	76075
why the extension is requested, the director has received the	76076
request not later than the day on which the return is required to	76077
be filed, and the director has approved the request. If the fees	76078
are not remitted within thirty days after the last day of the	76079
month to which the return applies or are not remitted by the last	76080
day of an extension approved by the director, the owner or	76081
operator shall not retain the three-fourths of one per cent	76082
discount and shall pay an additional ten per cent of the amount of	76083
the fees for each month that they are late. For purposes of	76084
calculating the late fee, the first month in which fees are late	76085
begins on the first day after the deadline has passed for timely	76086
submitting the return and fees, and one additional month shall be	76087
counted every thirty days thereafter.	76088

The owner or operator of a solid waste facility may request a	76089
refund or credit of fees levied under this division and remitted	76090
to the director that have not been paid to the owner or operator.	76091
Such a request shall be made only if the fees have not been	76092
collected by the owner or operator, have become a debt that has	76093
become worthless or uncollectable for a period of six months or	76094
more, and may be claimed as a deduction, including a deduction	76095
claimed if the owner or operator keeps accounts on an accrual	76096
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	76097
U.S.C. 166, as amended, and regulations adopted under it. Prior to	76098
making a request for a refund or credit, an owner or operator	76099
shall make reasonable efforts to collect the applicable fees. A	76100
request for a refund or credit shall not include any costs	76101
resulting from those efforts to collect unpaid fees.	76102

A request for a refund or credit of fees shall be made in	76103
writing, on a form prescribed by the director, and shall be	76104
supported by evidence that may be required in rules adopted by the	76105
director under this chapter. After reviewing the request, and if	76106
the request and evidence submitted with the request indicate that	76107
a refund or credit is warranted, the director shall grant a refund	76108
to the owner or operator or shall permit a credit to be taken by	76109
the owner or operator on a subsequent monthly return submitted by	76110
the owner or operator. The amount of a refund or credit shall not	76111
exceed an amount that is equal to ninety days' worth of fees owed	76112
to an owner or operator by a particular debtor of the owner or	76113
operator. A refund or credit shall not be granted by the director	76114
to an owner or operator more than once in any twelve-month period	76115
for fees owed to the owner or operator by a particular debtor.	76116

If, after receiving a refund or credit from the director, an	76117
owner or operator receives payment of all or part of the fees, the	76118
owner or operator shall remit the fees with the next monthly	76119
return submitted to the director together with a written	76120
explanation of the reason for the submittal.	76121

For purposes of computing the fees levied under this division	76122
or division (B) of this section, any solid waste transfer or	76123
disposal facility that does not use scales as a means of	76124
determining gate receipts shall use a conversion factor of three	76125
cubic yards per ton of solid waste or one cubic yard per ton for	76126
baled waste, as applicable.	76127

The fees levied under this division and divisions (B) and (C)	76128
of this section are in addition to all other applicable fees and	76129
taxes and shall be paid by the customer or a political subdivision	76130
to the owner or operator of a solid waste transfer or disposal	76131
facility. In the alternative, the fees shall be paid by a customer	76132
or political subdivision to a transporter of waste who	76133
subsequently transfers the fees to the owner or operator of such a	76134
facility. The fees shall be paid notwithstanding the existence of	76135
any provision in a contract that the customer or a political	76136
subdivision may have with the owner or operator or with a	76137
transporter of waste to the facility that would not require or	76138
allow such payment regardless of whether the contract was entered	76139
prior to or after October 16, 2009. For those purposes, "customer"	76140
means a person who contracts with, or utilizes the solid waste	76141
services of, the owner or operator of a solid waste transfer or	76142
disposal facility or a transporter of solid waste to such a	76143
facility.	76144

(B) For the purposes specified in division (G) of this	76145
section, the solid waste management policy committee of a county	76146
or joint solid waste management district may levy fees upon the	76147
following activities:	76148

(1) The disposal at a solid waste disposal facility located	76149
in the district of solid wastes generated within the district;	76150

(2) The disposal at a solid waste disposal facility within	76151
the district of solid wastes generated outside the boundaries of	76152
the district, but inside this state;	76153

(3) The disposal at a solid waste disposal facility within	76154
the district of solid wastes generated outside the boundaries of	76155
this state.	76156

The solid waste management plan of the county or joint	76157
district approved under section 3734.521 or 3734.55 of the Revised	76158
Code and any amendments to it, or the resolution adopted under	76159
this division, as appropriate, shall establish the rates of the	76160
fees levied under divisions (B)(1), (2), and (3) of this section,	76161
if any, and shall specify whether the fees are levied on the basis	76162
of tons or cubic yards as the unit of measurement. A solid waste	76163
management district that levies fees under this division on the	76164
basis of cubic yards shall do so in accordance with division (A)	76165
of this section.	76166

The fee levied under division (B)(1) of this section shall be	76167
not less than one dollar per ton nor more than two dollars per	76168
ton, the fee levied under division (B)(2) of this section shall be	76169
not less than two dollars per ton nor more than four dollars per	76170
ton, and the fee levied under division (B)(3) of this section	76171
shall be not more than the fee levied under division (B)(1) of	76172
this section.	76173

Prior to the approval of the solid waste management plan of a	76174
district under section 3734.55 of the Revised Code, the solid	76175
waste management policy committee of a district may levy fees	76176
under this division by adopting a resolution establishing the	76177
proposed amount of the fees. Upon adopting the resolution, the	76178
committee shall deliver a copy of the resolution to the board of	76179
county commissioners of each county forming the district and to	76180
the legislative authority of each municipal corporation and	76181
township under the jurisdiction of the district and shall prepare	76182
and publish the resolution and a notice of the time and location	76183
where a public hearing on the fees will be held. Upon adopting the	76184
resolution, the committee shall deliver written notice of the	76185
adoption of the resolution; of the amount of the proposed fees;	76186
and of the date, time, and location of the public hearing to the	76187
director and to the fifty industrial, commercial, or institutional	76188
generators of solid wastes within the district that generate the	76189
largest quantities of solid wastes, as determined by the	76190
committee, and to their local trade associations. The committee	76191
shall make good faith efforts to identify those generators within	76192
the district and their local trade associations, but the	76193
nonprovision of notice under this division to a particular	76194
generator or local trade association does not invalidate the	76195
proceedings under this division. The publication shall occur at	76196
least thirty days before the hearing. After the hearing, the	76197
committee may make such revisions to the proposed fees as it	76198
considers appropriate and thereafter, by resolution, shall adopt	76199
the revised fee schedule. Upon adopting the revised fee schedule,	76200
the committee shall deliver a copy of the resolution doing so to	76201
the board of county commissioners of each county forming the	76202
district and to the legislative authority of each municipal	76203
corporation and township under the jurisdiction of the district.	76204
Within sixty days after the delivery of a copy of the resolution	76205
adopting the proposed revised fees by the policy committee, each	76206
such board and legislative authority, by ordinance or resolution,	76207
shall approve or disapprove the revised fees and deliver a copy of	76208
the ordinance or resolution to the committee. If any such board or	76209
legislative authority fails to adopt and deliver to the policy	76210
committee an ordinance or resolution approving or disapproving the	76211
revised fees within sixty days after the policy committee	76212
delivered its resolution adopting the proposed revised fees, it	76213
shall be conclusively presumed that the board or legislative	76214
authority has approved the proposed revised fees. The committee	76215
shall determine if the resolution has been ratified in the same	76216
manner in which it determines if a draft solid waste management	76217
plan has been ratified under division (B) of section 3734.55 of	76218
the Revised Code.	76219

The committee may amend the schedule of fees levied pursuant	76220
to a resolution adopted and ratified under this division by	76221
adopting a resolution establishing the proposed amount of the	76222
amended fees. The committee may repeal the fees levied pursuant to	76223
such a resolution by adopting a resolution proposing to repeal	76224
them. Upon adopting such a resolution, the committee shall proceed	76225
to obtain ratification of the resolution in accordance with this	76226
division.	76227

Not later than fourteen days after declaring the new fees to	76228
be ratified or the fees to be repealed under this division, the	76229
committee shall notify by certified mail the owner or operator of	76230
each solid waste disposal facility that is required to collect the	76231
fees of the ratification and the amount of the fees or of the	76232
repeal of the fees. Collection of any fees shall commence or	76233
collection of repealed fees shall cease on the first day of the	76234
second month following the month in which notification is sent to	76235
the owner or operator.	76236

Fees levied under this division also may be established,	76237
amended, or repealed by a solid waste management policy committee	76238
through the adoption of a new district solid waste management	76239
plan, the adoption of an amended plan, or the amendment of the	76240
plan or amended plan in accordance with sections 3734.55 and	76241
3734.56 of the Revised Code or the adoption or amendment of a	76242
district plan in connection with a change in district composition	76243
under section 3734.521 of the Revised Code.	76244

Not later than fourteen days after the director issues an	76245
order approving a district's solid waste management plan, amended	76246
plan, or amendment to a plan or amended plan that establishes,	76247
amends, or repeals a schedule of fees levied by the district, the	76248
committee shall notify by certified mail the owner or operator of	76249
each solid waste disposal facility that is required to collect the	76250
fees of the approval of the plan or amended plan, or the amendment	76251
to the plan, as appropriate, and the amount of the fees, if any.	76252
In the case of an initial or amended plan approved under section	76253
3734.521 of the Revised Code in connection with a change in	76254
district composition, other than one involving the withdrawal of a	76255
county from a joint district, the committee, within fourteen days	76256
after the change takes effect pursuant to division (G) of that	76257
section, shall notify by certified mail the owner or operator of	76258
each solid waste disposal facility that is required to collect the	76259
fees that the change has taken effect and of the amount of the	76260
fees, if any. Collection of any fees shall commence or collection	76261
of repealed fees shall cease on the first day of the second month	76262
following the month in which notification is sent to the owner or	76263
operator.	76264

If, in the case of a change in district composition involving	76265
the withdrawal of a county from a joint district, the director	76266
completes the actions required under division (G)(1) or (3) of	76267
section 3734.521 of the Revised Code, as appropriate, forty-five	76268
days or more before the beginning of a calendar year, the policy	76269
committee of each of the districts resulting from the change that	76270
obtained the director's approval of an initial or amended plan in	76271
connection with the change, within fourteen days after the	76272
director's completion of the required actions, shall notify by	76273
certified mail the owner or operator of each solid waste disposal	76274
facility that is required to collect the district's fees that the	76275
change is to take effect on the first day of January immediately	76276
following the issuance of the notice and of the amount of the fees	76277
or amended fees levied under divisions (B)(1) to (3) of this	76278
section pursuant to the district's initial or amended plan as so	76279
approved or, if appropriate, the repeal of the district's fees by	76280
that initial or amended plan. Collection of any fees set forth in	76281
such a plan or amended plan shall commence on the first day of	76282
January immediately following the issuance of the notice. If such	76283
an initial or amended plan repeals a schedule of fees, collection	76284
of the fees shall cease on that first day of January.	76285

If, in the case of a change in district composition involving	76286
the withdrawal of a county from a joint district, the director	76287
completes the actions required under division (G)(1) or (3) of	76288
section 3734.521 of the Revised Code, as appropriate, less than	76289
forty-five days before the beginning of a calendar year, the	76290
director, on behalf of each of the districts resulting from the	76291
change that obtained the director's approval of an initial or	76292
amended plan in connection with the change proceedings, shall	76293
notify by certified mail the owner or operator of each solid waste	76294
disposal facility that is required to collect the district's fees	76295
that the change is to take effect on the first day of January	76296
immediately following the mailing of the notice and of the amount	76297
of the fees or amended fees levied under divisions (B)(1) to (3)	76298
of this section pursuant to the district's initial or amended plan	76299
as so approved or, if appropriate, the repeal of the district's	76300
fees by that initial or amended plan. Collection of any fees set	76301
forth in such a plan or amended plan shall commence on the first	76302
day of the second month following the month in which notification	76303
is sent to the owner or operator. If such an initial or amended	76304
plan repeals a schedule of fees, collection of the fees shall	76305
cease on the first day of the second month following the month in	76306
which notification is sent to the owner or operator.	76307

If the schedule of fees that a solid waste management	76308
district is levying under divisions (B)(1) to (3) of this section	76309
is amended or repealed, the fees in effect immediately prior to	76310
the amendment or repeal shall continue to be collected until	76311
collection of the amended fees commences or collection of the	76312
repealed fees ceases, as applicable, as specified in this	76313
division. In the case of a change in district composition, money	76314
so received from the collection of the fees of the former	76315
districts shall be divided among the resulting districts in	76316
accordance with division (B) of section 343.012 of the Revised	76317
Code and the agreements entered into under division (B) of section	76318
343.01 of the Revised Code to establish the former and resulting	76319
districts and any amendments to those agreements.	76320

For the purposes of the provisions of division (B) of this	76321
section establishing the times when newly established or amended	76322
fees levied by a district are required to commence and the	76323
collection of fees that have been amended or repealed is required	76324
to cease, "fees" or "schedule of fees" includes, in addition to	76325
fees levied under divisions (B)(1) to (3) of this section, those	76326
levied under section 3734.573 or 3734.574 of the Revised Code.	76327

(C) For the purposes of defraying the added costs to a	76328
municipal corporation or township of maintaining roads and other	76329
public facilities and of providing emergency and other public	76330
services, and compensating a municipal corporation or township for	76331
reductions in real property tax revenues due to reductions in real	76332
property valuations resulting from the location and operation of a	76333
solid waste disposal facility within the municipal corporation or	76334
township, a municipal corporation or township in which such a	76335
solid waste disposal facility is located may levy a fee of not	76336
more than twenty-five cents per ton on the disposal of solid	76337
wastes at a solid waste disposal facility located within the	76338
boundaries of the municipal corporation or township regardless of	76339
where the wastes were generated.	76340

The legislative authority of a municipal corporation or	76341
township may levy fees under this division by enacting an	76342
ordinance or adopting a resolution establishing the amount of the	76343
fees. Upon so doing the legislative authority shall mail a	76344
certified copy of the ordinance or resolution to the board of	76345
county commissioners or directors of the county or joint solid	76346
waste management district in which the municipal corporation or	76347
township is located or, if a regional solid waste management	76348
authority has been formed under section 343.011 of the Revised	76349
Code, to the board of trustees of that regional authority, the	76350
owner or operator of each solid waste disposal facility in the	76351
municipal corporation or township that is required to collect the	76352
fee by the ordinance or resolution, and the director of	76353
environmental protection. Although the fees levied under this	76354
division are levied on the basis of tons as the unit of	76355
measurement, the legislative authority, in its ordinance or	76356
resolution levying the fees under this division, may direct that	76357
the fees be levied on the basis of cubic yards as the unit of	76358
measurement based upon a conversion factor of three cubic yards	76359
per ton generally or one cubic yard per ton for baled wastes.	76360

Not later than five days after enacting an ordinance or	76361
adopting a resolution under this division, the legislative	76362
authority shall so notify by certified mail the owner or operator	76363
of each solid waste disposal facility that is required to collect	76364
the fee. Collection of any fee levied on or after March 24, 1992,	76365
shall commence on the first day of the second month following the	76366
month in which notification is sent to the owner or operator.	76367

(D)(1) The fees levied under divisions (A), (B), and (C) of	76368
this section do not apply to the disposal of solid wastes that:	76369

(a) Are disposed of at a facility owned by the generator of	76370
the wastes when the solid waste facility exclusively disposes of	76371
solid wastes generated at one or more premises owned by the	76372
generator regardless of whether the facility is located on a	76373
premises where the wastes are generated;	76374

(b) Are generated from the combustion of coal, or from the	76375
combustion of primarily coal, regardless of whether the disposal	76376
facility is located on the premises where the wastes are	76377
generated;	76378

(c) Are asbestos or asbestos-containing materials or products	76379
disposed of at a construction and demolition debris facility that	76380
is licensed under Chapter 3714. of the Revised Code or at a solid	76381
waste facility that is licensed under this chapter.	76382

(2) Except as provided in section 3734.571 of the Revised	76383
Code, any fees levied under division (B)(1) of this section apply	76384
to solid wastes originating outside the boundaries of a county or	76385
joint district that are covered by an agreement for the joint use	76386
of solid waste facilities entered into under section 343.02 of the	76387
Revised Code by the board of county commissioners or board of	76388
directors of the county or joint district where the wastes are	76389
generated and disposed of.	76390

(3) When solid wastes, other than solid wastes that consist	76391
of scrap tires, are burned in a disposal facility that is an	76392
incinerator or energy recovery facility, the fees levied under	76393
divisions (A), (B), and (C) of this section shall be levied upon	76394
the disposal of the fly ash and bottom ash remaining after burning	76395
of the solid wastes and shall be collected by the owner or	76396
operator of the sanitary landfill where the ash is disposed of.	76397

(4) When solid wastes are delivered to a solid waste transfer	76398
facility, the fees levied under divisions (B) and (C) of this	76399
section shall be levied upon the disposal of solid wastes	76400
transported off the premises of the transfer facility for disposal	76401
and shall be collected by the owner or operator of the solid waste	76402
disposal facility where the wastes are disposed of.	76403

(5) The fees levied under divisions (A), (B), and (C) of this	76404
section do not apply to sewage sludge that is generated by a waste	76405
water treatment facility holding a national pollutant discharge	76406
elimination system permit and that is disposed of through	76407
incineration, land application, or composting or at another	76408
resource recovery or disposal facility that is not a landfill.	76409

(6) The fees levied under divisions (A), (B), and (C) of this	76410
section do not apply to solid wastes delivered to a solid waste	76411
composting facility for processing. When any unprocessed solid	76412
waste or compost product is transported off the premises of a	76413
composting facility and disposed of at a landfill, the fees levied	76414
under divisions (A), (B), and (C) of this section shall be	76415
collected by the owner or operator of the landfill where the	76416
unprocessed waste or compost product is disposed of.	76417

(7) When solid wastes that consist of scrap tires are	76418
processed at a scrap tire recovery facility, the fees levied under	76419
divisions (A), (B), and (C) of this section shall be levied upon	76420
the disposal of the fly ash and bottom ash or other solid wastes	76421
remaining after the processing of the scrap tires and shall be	76422
collected by the owner or operator of the solid waste disposal	76423
facility where the ash or other solid wastes are disposed of.	76424

(8) The director of environmental protection may issue an	76425
order exempting from the fees levied under this section solid	76426
wastes, including, but not limited to, scrap tires, that are	76427
generated, transferred, or disposed of as a result of a contract	76428
providing for the expenditure of public funds entered into by the	76429
administrator or regional administrator of the United States	76430
environmental protection agency, the director of environmental	76431
protection, or the director of administrative services on behalf	76432
of the director of environmental protection for the purpose of	76433
remediating conditions at a hazardous waste facility, solid waste	76434
facility, or other location at which the administrator or regional	76435
administrator or the director of environmental protection has	76436
reason to believe that there is a substantial threat to public	76437
health or safety or the environment or that the conditions are	76438
causing or contributing to air or water pollution or soil	76439
contamination. An order issued by the director of environmental	76440
protection under division (D)(8) of this section shall include a	76441
determination that the amount of the fees not received by a solid	76442
waste management district as a result of the order will not	76443
adversely impact the implementation and financing of the	76444
district's approved solid waste management plan and any approved	76445
amendments to the plan. Such an order is a final action of the	76446
director of environmental protection.	76447

(E) The fees levied under divisions (B) and (C) of this	76448
section shall be collected by the owner or operator of the solid	76449
waste disposal facility where the wastes are disposed of as a	76450
trustee for the county or joint district and municipal corporation	76451
or township where the wastes are disposed of. Moneys from the fees	76452
levied under division (B) of this section shall be forwarded to	76453
the board of county commissioners or board of directors of the	76454
district in accordance with rules adopted under division (H) of	76455
this section. Moneys from the fees levied under division (C) of	76456
this section shall be forwarded to the treasurer or such other	76457
officer of the municipal corporation as, by virtue of the charter,	76458
has the duties of the treasurer or to the fiscal officer of the	76459
township, as appropriate, in accordance with those rules.	76460

(F) Moneys received by the treasurer or other officer of the	76461
municipal corporation under division (E) of this section shall be	76462
paid into the general fund of the municipal corporation. Moneys	76463
received by the fiscal officer of the township under that division	76464
shall be paid into the general fund of the township. The treasurer	76465
or other officer of the municipal corporation or the township	76466
fiscal officer, as appropriate, shall maintain separate records of	76467
the moneys received from the fees levied under division (C) of	76468
this section.	76469

(G) Moneys received by the board of county commissioners or	76470
board of directors under division (E) of this section or section	76471
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	76472
shall be paid to the county treasurer, or other official acting in	76473
a similar capacity under a county charter, in a county district or	76474
to the county treasurer or other official designated by the board	76475
of directors in a joint district and kept in a separate and	76476
distinct fund to the credit of the district. If a regional solid	76477
waste management authority has been formed under section 343.011	76478
of the Revised Code, moneys received by the board of trustees of	76479
that regional authority under division (E) of this section shall	76480
be kept by the board in a separate and distinct fund to the credit	76481
of the district. Moneys in the special fund of the county or joint	76482
district arising from the fees levied under division (B) of this	76483
section and the fee levied under division (A) of section 3734.573	76484
of the Revised Code shall be expended by the board of county	76485
commissioners or directors of the district in accordance with the	76486
district's solid waste management plan or amended plan approved	76487
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	76488
exclusively for the following purposes:	76489

(1) Preparation of the solid waste management plan of the	76490
district under section 3734.54 of the Revised Code, monitoring	76491
implementation of the plan, and conducting the periodic review and	76492
amendment of the plan required by section 3734.56 of the Revised	76493
Code by the solid waste management policy committee;	76494

(2) Implementation of the approved solid waste management	76495
plan or amended plan of the district, including, without	76496
limitation, the development and implementation of solid waste	76497
recycling or reduction programs;	76498

(3) Providing financial assistance to boards of health within	76499
the district, if solid waste facilities are located within the	76500
district, for enforcement of this chapter and rules, orders, and	76501
terms and conditions of permits, licenses, and variances adopted	76502
or issued under it, other than the hazardous waste provisions of	76503
this chapter and rules adopted and orders and terms and conditions	76504
of permits issued under those provisions;	76505

(4) Providing financial assistance to each county within the	76506
district to defray the added costs of maintaining roads and other	76507
public facilities and of providing emergency and other public	76508
services resulting from the location and operation of a solid	76509
waste facility within the county under the district's approved	76510
solid waste management plan or amended plan;	76511

(5) Pursuant to contracts entered into with boards of health	76512
within the district, if solid waste facilities contained in the	76513
district's approved plan or amended plan are located within the	76514
district, for paying the costs incurred by those boards of health	76515
for collecting and analyzing samples from public or private water	76516
wells on lands adjacent to those facilities;	76517

(6) Developing and implementing a program for the inspection	76518
of solid wastes generated outside the boundaries of this state	76519
that are disposed of at solid waste facilities included in the	76520
district's approved solid waste management plan or amended plan;	76521

(7) Providing financial assistance to boards of health within	76522
the district for the enforcement of section 3734.03 of the Revised	76523
Code or to local law enforcement agencies having jurisdiction	76524
within the district for enforcing anti-littering laws and	76525
ordinances;	76526

(8) Providing financial assistance to boards of health of	76527
health districts within the district that are on the approved list	76528
under section 3734.08 of the Revised Code to defray the costs to	76529
the health districts for the participation of their employees	76530
responsible for enforcement of the solid waste provisions of this	76531
chapter and rules adopted and orders and terms and conditions of	76532
permits, licenses, and variances issued under those provisions in	76533
the training and certification program as required by rules	76534
adopted under division (L) of section 3734.02 of the Revised Code;	76535

(9) Providing financial assistance to individual municipal	76536
corporations and townships within the district to defray their	76537
added costs of maintaining roads and other public facilities and	76538
of providing emergency and other public services resulting from	76539
the location and operation within their boundaries of a	76540
composting, energy or resource recovery, incineration, or	76541
recycling facility that either is owned by the district or is	76542
furnishing solid waste management facility or recycling services	76543
to the district pursuant to a contract or agreement with the board	76544
of county commissioners or directors of the district;	76545

(10) Payment of any expenses that are agreed to, awarded, or	76546
ordered to be paid under section 3734.35 of the Revised Code and	76547
of any administrative costs incurred pursuant to that section. In	76548
the case of a joint solid waste management district, if the board	76549
of county commissioners of one of the counties in the district is	76550
negotiating on behalf of affected communities, as defined in that	76551
section, in that county, the board shall obtain the approval of	76552
the board of directors of the district in order to expend moneys	76553
for administrative costs incurred.	76554

Prior to the approval of the district's solid waste	76555
management plan under section 3734.55 of the Revised Code, moneys	76556
in the special fund of the district arising from the fees shall be	76557
expended for those purposes in the manner prescribed by the solid	76558
waste management policy committee by resolution.	76559

Notwithstanding division (G)(6) of this section as it existed	76560
prior to October 29, 1993, or any provision in a district's solid	76561
waste management plan prepared in accordance with division	76562
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	76563
prior to that date, any moneys arising from the fees levied under	76564
division (B)(3) of this section prior to January 1, 1994, may be	76565
expended for any of the purposes authorized in divisions (G)(1) to	76566
(10) of this section.	76567

(H) The director shall adopt rules in accordance with Chapter	76568
119. of the Revised Code prescribing procedures for collecting and	76569
forwarding the fees levied under divisions (B) and (C) of this	76570
section to the boards of county commissioners or directors of	76571
county or joint solid waste management districts and to the	76572
treasurers or other officers of municipal corporations and the	76573
fiscal officers of townships. The rules also shall prescribe the	76574
dates for forwarding the fees to the boards and officials and may	76575
prescribe any other requirements the director considers necessary	76576
or appropriate to implement and administer divisions (A), (B), and	76577
(C) of this section.	76578

Sec. 3734.901. (A)(1) For the purpose of providing revenue	76579
to defray the cost of administering and enforcing the scrap tire	76580
provisions of this chapter, rules adopted under those provisions,	76581
and terms and conditions of orders, variances, and licenses issued	76582
under those provisions; to abate accumulations of scrap tires; to	76583
make grants supporting market development activities for scrap	76584
tires and synthetic rubber from tire manufacturing processes and	76585
tire recycling processes and to support scrap tire amnesty and	76586
cleanup events; to make loans to promote the recycling or recovery	76587
of energy from scrap tires; and to defray the costs of	76588
administering and enforcing sections 3734.90 to 3734.9014 of the	76589
Revised Code, a fee of fifty cents per tire is hereby levied on	76590
the sale of tires. The proceeds of the fee shall be deposited in	76591
the state treasury to the credit of the scrap tire management fund	76592
created in section 3734.82 of the Revised Code. The fee is levied	76593
from the first day of the calendar month that begins next after	76594
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	76595

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	76596
2016, there is hereby levied an additional fee of fifty cents per	76597
tire on the sale of tires the proceeds of which shall be deposited	76598
in the state treasury to the credit of the soil and water	76599
conservation district assistance fund created in section 1515.14	76600
of the Revised Code.	76601

(B) Only one sale of the same article shall be used in	76602
computing the amount of the fee due.	76603

Sec. 3734.907. (A) Any person required to pay the fee	76604
imposed by section 3734.901 of the Revised Code is personally	76605
liable for the fee. The tax commissioner may make an assessment,	76606
based upon any information in the commissioner's possession,	76607
against any person who fails to file a return or pay any fee,	76608
interest, or additional charge as required by sections 3734.90 to	76609
3734.9014 of the Revised Code. The commissioner shall give the	76610
person assessed written notice of the assessment in the manner	76611
provided in section 5703.37 of the Revised Code. With the notice,	76612
the commissioner shall provide instructions on how to petition for	76613
reassessment and request a hearing on the petition.	76614

(B) When the information in the possession of the tax	76615
commissioner indicates that a person liable for the fee imposed by	76616
section 3734.901 of the Revised Code has not paid the full amount	76617
of fee due, the commissioner may audit a representative sample of	76618
the person's business and may issue an assessment based on the	76619
audit.	76620

(C) A penalty of up to fifteen per cent may be added to all	76621
amounts assessed under this section. The commissioner may adopt	76622
rules providing for the imposition and remission of the penalties.	76623

(D) Unless the person assessed files with the tax	76624
commissioner within sixty days after service of the notice of	76625
assessment, either personally or by certified mail, a written	76626
petition for reassessment signed by the person assessed or that	76627
person's authorized agent having knowledge of the facts, the	76628
assessment becomes final and the amount of the assessment is due	76629
and payable from the person assessed to the treasurer of state.	76630
The petition shall indicate the objections of the person assessed,	76631
but additional objections may be raised in writing if received by	76632
the commissioner prior to the date shown on the final	76633
determination. If the petition has been properly filed, the	76634
commissioner shall proceed under section 5703.60 of the Revised	76635
Code.	76636

(E) After an assessment becomes final, if any portion of the	76637
assessment, including accrued interest, remains unpaid, a	76638
certified copy of the tax commissioner's entry making the	76639
assessment final may be filed in the office of the clerk of the	76640
court of common pleas in the county in which the person assessed	76641
resides or in which the person's business is conducted. If the	76642
person assessed maintains no place of business in this state and	76643
is not a resident of this state, the certified copy of the entry	76644
may be filed in the office of the clerk of the court of common	76645
pleas of Franklin county.	76646

Immediately upon the filing of the entry, the clerk shall	76647
enter a judgment for the state against the person assessed in the	76648
amount shown on the entry. The judgment may be filed by the clerk	76649
in a loose-leaf book entitled "special judgments for state tire	76650
fee," and shall have the same effect as other judgments. Execution	76651
shall issue upon the judgment upon the request of the tax	76652
commissioner, and all laws applicable to sales on execution shall	76653
apply to sales made under the judgment.	76654

~~The portion of~~If the assessment is not paid in its entirety	76655
within sixty days after the day the assessment was issued, the	76656
portion of the assessment consisting of the fee due shall bear	76657
interest at the rate per annum prescribed by section 5703.47 of	76658
the Revised Code from the day the commissioner issues the	76659
assessment until the day the assessment is paid or until it is	76660
certified to the attorney general for collection under section	76661
131.02 of the Revised Code, whichever comes first. If the unpaid	76662
portion of the assessment is certified to the attorney general for	76663
collection, the entire unpaid portion of the assessment shall bear	76664
interest at the rate per annum prescribed by section 5703.47 of	76665
the Revised Code from the date of certification until the date it	76666
is paid in its entirety. Interest shall be paid in the same manner	76667
as the fee and may be collected by the issuance of an assessment	76668
under this section.	76669

(F) If the tax commissioner believes that collection of the	76670
fee will be jeopardized unless proceedings to collect or secure	76671
collection of the fee are instituted without delay, the	76672
commissioner may issue a jeopardy assessment against the person	76673
liable for the fee. Immediately upon the issuance of the jeopardy	76674
assessment, the commissioner shall file an entry with the clerk of	76675
the court of common pleas in the manner prescribed by division (E)	76676
of this section. Notice of the jeopardy assessment shall be served	76677
on the person assessed or the person's legal representative, as	76678
provided in section 5703.37 of the Revised Code, within five days	76679
of the filing of the entry with the clerk. The total amount	76680
assessed is immediately due and payable, unless the person	76681
assessed files a petition for reassessment in accordance with	76682
division (D) of this section and provides security in a form	76683
satisfactory to the commissioner and in an amount sufficient to	76684
satisfy the unpaid balance of the assessment. Full or partial	76685
payment of the assessment does not prejudice the commissioner's	76686
consideration of the petition for reassessment.	76687

(G) All money collected by the tax commissioner under this	76688
section shall be paid to the treasurer of state as revenue arising	76689
from the fee imposed by section 3734.901 of the Revised Code.	76690

Sec. 3735.58. (A) The director of ~~mental health~~mental	76691
health and addiction services, the director of developmental	76692
disabilities, or the director of rehabilitation and correction may	76693
enter into contracts for the sale of land not needed by their	76694
departments and under their jurisdiction or supervision to	76695
metropolitan housing authorities for use by such an authority for	76696
a housing project or projects. Such contract may contain such	76697
conditions and terms as are, in the discretion of the directors,	76698
in the best interests of the state and the welfare of the	76699
residents of the state.	76700

(B) The director may, upon receipt of a request from a	76701
metropolitan housing authority, request the approval of the	76702
governor to sell and convey land not needed by the director's	76703
department and under the director's jurisdiction or supervision to	76704
an authority, subject to such terms and conditions consistent with	76705
the public interest and welfare of the residents of the state as	76706
the director considers necessary. The governor, with the approval	76707
of the controlling board, may approve the request. Such property	76708
shall be appraised at its fair market value before it is conveyed.	76709
The director of administrative services shall cause it to be	76710
appraised by three disinterested persons and shall determine the	76711
fee which each appraiser shall receive, not to exceed fifty	76712
dollars. All appraisal fees shall be paid by the authority which	76713
shall deposit with the director one hundred fifty dollars before	76714
the appraisal is made. If the deposit exceeds the appraisal fee,	76715
the balance shall be returned to the authority. The appraisal	76716
value, when approved by the director, is the purchase price. If	76717
the purchase price is not paid within ninety days after notice to	76718
the authority of the approved appraisal value, the director shall	76719
withdraw approval of the appraisal value and no deed shall be	76720
delivered to the authority without the written approval of the	76721
director of the purchase price. If the purchase price is paid	76722
within ninety days, a deed shall be prepared and recorded pursuant	76723
to section 5301.13 of the Revised Code.	76724

(C) Moneys received from sales of land to a metropolitan	76725
housing authority shall be placed in the state treasury in special	76726
funds, to be used for such purposes of the department of ~~mental~~	76727
~~health~~mental health and addiction services, the department of	76728
developmental disabilities, or the department of rehabilitation	76729
and correction as is appropriate.	76730

Sec. 3735.661. (A) For the purpose of determining the "first	76731
two amendments" referenced in division (B) of Section 3 of Am.	76732
Sub. S.B. 19 of the 120th general assembly, an amendment means any	76733
modification to an ordinance or resolution adopted under section	76734
3735.66 of the Revised Code that does any of the following:	76735

(1) Expands the geographic size of a community reinvestment	76736
area;	76737

(2) Increases a property's or category of property's exempted	76738
percentage of assessed valuation, notwithstanding the requirements	76739
of section 3735.66 of the Revised Code as that section existed on	76740
July 21, 1994. Division (A)(2) of this section does not authorize	76741
a municipal corporation or county to increase a property's or	76742
category of property's exempted percentage of assessed valuation	76743
pursuant to that section.	76744

(3) Increases the term of any tax exemption or category of	76745
tax exemptions;	76746

(4) Extends the duration of a community reinvestment area;

76747

(5) Changes eligibility requirements for receiving tax	76748
exemptions.	76749

(B) For the purpose of determining the "first two amendments"	76750
in division (B) of Section 3 of Am. Sub. S.B. 19 of the 120th	76751
general assembly, an amendment does not include any modification	76752
to an ordinance or resolution adopted under section 3735.66 of the	76753
Revised Code that does any of the following:	76754

(1) Restricts the availability of tax exemptions, including	76755
any of the following:	76756

(a) Removes area from or decreases the geographic size of a	76757
community reinvestment area;	76758

(b) Decreases a property's or category of property's exempted	76759
percentage of assessed valuation, notwithstanding the requirements	76760
of section 3735.66 of the Revised Code as that section existed on	76761
July 21, 1994. Division (B)(1)(b) of this section does not	76762
authorize a municipal corporation or county to decrease a	76763
property's or category of property's exempted percentage of	76764
assessed valuation pursuant to that section.	76765

(c) Decreases the term of any tax exemption or category of	76766
exemption;	76767

(d) Shortens the period of time after which the granting of	76768
tax exemptions may be terminated.	76769

(2) Recognizes or confirms the continuing existence of a	76770
community reinvestment area, including by providing a date after	76771
which the area may be terminated;	76772

(3) Recognizes or confirms a previously granted tax	76773
exemption;	76774

(4) Clarifies ambiguities or corrects defects in previously	76775
enacted ordinances or resolutions;	76776

(5) Makes modifications that are procedural or	76777
administrative, including changing the designation of a housing	76778
officer, the process for approving or appealing a tax exemption,	76779
or the amount of any application fee, or modifying a community	76780
reinvestment area housing council created under section 3735.69 of	76781
the Revised Code or a tax incentive review council under section	76782
5709.85 of the Revised Code.	76783

Sec. 3737.02. (A) The fire marshal may collect fees to cover	76784
the costs of performing inspections and other duties that the fire	76785
marshal is authorized or required by law to perform. Except as	76786
provided in division (B) of this section, all fees collected by	76787
the fire marshal shall be deposited to the credit of the fire	76788
marshal's fund.	76789

(B) All of the following shall be credited to the underground	76790
storage tank administration fund, which is hereby created in the	76791
state treasury:	76792

(1) Fees collected under sections 3737.88 and 3737.881 of the	76793
Revised Code for operation of the underground storage tank and	76794
underground storage tank installer certification programs~~, moneys~~;	76795

(2) Moneys recovered under section 3737.89 of the Revised	76796
Code for the state's costs of undertaking corrective or	76797
enforcement actions under that section or section 3737.882 of the	76798
Revised Code~~, and fines~~;	76799

(3) Fines and penalties collected under section 3737.882 of	76800
the Revised Code ~~shall be credited to the underground storage tank~~	76801
~~administration fund, which is hereby created in the state~~	76802
~~treasury. All~~;	76803

(4) Amounts repaid for underground storage tank revolving	76804
loans under section 3737.883 of the Revised Code.	76805

(C) All interest earned on moneys credited to the underground	76806
storage tank administration fund shall be credited to the fund.	76807
Moneys credited to the underground storage tank administration	76808
fund shall be used by the fire marshal for implementation and	76809
enforcement of underground storage tank, corrective action, and	76810
installer certification programs under sections 3737.88 to 3737.89	76811
of the Revised Code. Only moneys described in divisions (B)(3) and	76812
(4) of this section may be used by the fire marshal to make	76813
underground storage tank revolving loans under section 3737.883 of	76814
the Revised Code, and no other moneys may be used to make those	76815
loans.	76816

~~(C)~~(D) The fire marshal shall take all actions necessary to	76817
obtain any federal funding available to carry out the fire	76818
marshal's responsibilities under sections 3737.88 to 3737.89 of	76819
the Revised Code and federal laws regarding the cleaning up of	76820
releases of petroleum, as "release" is defined in section 3737.87	76821
of the Revised Code, including, without limitation, any federal	76822
funds that are available to reimburse the state for the costs of	76823
undertaking corrective actions for such releases of petroleum. The	76824
state may, when appropriate, return to the United States any	76825
federal funds recovered under sections 3737.882 and 3737.89 of the	76826
Revised Code.	76827

Sec. 3737.83. The fire marshal shall, as part of the state	76828
fire code, adopt rules to:	76829

(A) Establish minimum standards of performance for fire	76830
protection equipment and fire fighting equipment;	76831

(B) Establish minimum standards of training, fix minimum	76832
qualifications, and require certificates for all persons who	76833
engage in the business for profit of installing, testing,	76834
repairing, or maintaining fire protection equipment;	76835

(C) Provide for the issuance of certificates required under	76836
division (B) of this section and establish the fees to be charged	76837
for such certificates. A certificate shall be granted, renewed, or	76838
revoked according to rules the fire marshal shall adopt.	76839

(D) Establish minimum standards of flammability for consumer	76840
goods in any case where the federal government or any department	76841
or agency thereof has established, or may from time to time	76842
establish standards of flammability for consumer goods. The	76843
standards established by the fire marshal shall be identical to	76844
the minimum federal standards.	76845

In any case where the federal government or any department or	76846
agency thereof, establishes standards of flammability for consumer	76847
goods subsequent to the adoption of a flammability standard by the	76848
fire marshal, standards previously adopted by the fire marshal	76849
shall not continue in effect to the extent such standards are not	76850
identical to the minimum federal standards.	76851

With respect to the adoption of minimum standards of	76852
flammability, this division shall supersede any authority granted	76853
a political subdivision by any other section of the Revised Code.	76854

(E) Establish minimum standards pursuant to section 5104.05	76855
of the Revised Code for fire prevention and fire safety in child	76856
day-care centers and in type A family day-care homes, as defined	76857
in section 5104.01 of the Revised Code.	76858

(F) Establish minimum standards for fire prevention and	76859
safety in a residential facility licensed under section ~~5119.22~~	76860
5119.34 of the Revised Code that provides accommodations,	76861
supervision, and personal care services for three to sixteen	76862
unrelated adults. The fire marshal shall adopt the rules under	76863
this division in consultation with the director of ~~mental health~~	76864
mental health and addiction services and interested parties	76865
designated by the director of ~~mental health~~mental health and	76866
addiction services.	76867

Sec. 3737.841. As used in this section and section 3737.842	76868
of the Revised Code:	76869

(A) "Public occupancy" means all of the following:

76870

(1) Any state correctional institution as defined in section	76871
2967.01 of the Revised Code and any county, multicounty,	76872
municipal, or municipal-county jail or workhouse;	76873

(2) Any hospital as defined in section 3727.01 of the Revised	76874
Code, any hospital licensed by the department of ~~mental health~~	76875
mental health and addiction services under section ~~5119.20~~5119.33	76876
of the Revised Code, and any institution, hospital, or other place	76877
established, controlled, or supervised by the department of ~~mental~~	76878
~~health~~mental health and addiction services under Chapter 5119. of	76879
the Revised Code;	76880

(3) Any nursing home, residential care facility, or home for	76881
the aging as defined in section 3721.01 of the Revised Code and	76882
any residential facility licensed under section ~~5119.22~~5119.34 of	76883
the Revised Code that provides accommodations, supervision, and	76884
personal care services for three to sixteen unrelated adults;	76885

(4) Any child day-care center and any type A family day-care	76886
home as defined in section 5104.01 of the Revised Code;	76887

(5) Any public auditorium or stadium;

76888

(6) Public assembly areas of hotels and motels containing	76889
more than ten articles of seating furniture.	76890

(B) "Sell" includes sell, offer or expose for sale, barter,	76891
trade, deliver, give away, rent, consign, lease, possess for sale,	76892
or dispose of in any other commercial manner.	76893

(C) Except as provided in division (D) of this section,	76894
"seating furniture" means any article of furniture, including	76895
children's furniture, that can be used as a support for an	76896
individual, or an individual's limbs or feet, when sitting or	76897
resting in an upright or reclining position and that either:	76898

(1) Is made with loose or attached cushions or pillows;

76899

(2) Is stuffed or filled in whole or in part with any filling	76900
material;	76901

(3) Is or can be stuffed or filled in whole or in part with	76902
any substance or material, concealed by fabric or any other	76903
covering.	76904

"Seating furniture" includes the cushions or pillows	76905
belonging to or forming a part of the furniture, the structural	76906
unit, and the filling material and its container or covering.	76907

(D) "Seating furniture" does not include, except if intended	76908
for use by children or in facilities designed for the care or	76909
treatment of humans, any of the following:	76910

(1) Cushions or pads intended solely for outdoor use;

76911

(2) Any article with a smooth surface that contains no more	76912
than one-half inch of filling material, if that article does not	76913
have an upholstered horizontal surface meeting an upholstered	76914
vertical surface;	76915

(3) Any article manufactured solely for recreational use or	76916
physical fitness purposes, including weight-lifting benches,	76917
gymnasium mats or pads, and sidehorses.	76918

(E) "Filling material" means cotton, wool, kapok, feathers,	76919
down, hair, liquid, or any other natural or artificial material or	76920
substance that is used or can be used as stuffing in seating	76921
furniture.	76922

Sec. 3737.88. (A)(1) The fire marshal shall have	76923
responsibility for implementation of the underground storage tank	76924
program and corrective action program for releases of petroleum	76925
from underground storage tanks established by the "Resource	76926
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	76927
6901, as amended. To implement the programs, the fire marshal may	76928
adopt, amend, and rescind such rules, conduct such inspections,	76929
require annual registration of underground storage tanks, issue	76930
such citations and orders to enforce those rules, enter into	76931
environmental covenants in accordance with sections 5301.80 to	76932
5301.92 of the Revised Code, and perform such other duties, as are	76933
consistent with those programs. The fire marshal, by rule, may	76934
delegate the authority to conduct inspections of underground	76935
storage tanks to certified fire safety inspectors.	76936

(2) In the place of any rules regarding release containment	76937
and release detection for underground storage tanks adopted under	76938
division (A)(1) of this section, the fire marshal, by rule, shall	76939
designate areas as being sensitive for the protection of human	76940
health and the environment and adopt alternative rules regarding	76941
release containment and release detection methods for new and	76942
upgraded underground storage tank systems located in those areas.	76943
In designating such areas, the fire marshal shall take into	76944
consideration such factors as soil conditions, hydrogeology, water	76945
use, and the location of public and private water supplies. Not	76946
later than July 11, 1990, the fire marshal shall file the rules	76947
required under this division with the secretary of state, director	76948
of the legislative service commission, and joint committee on	76949
agency rule review in accordance with divisions (B) and (H) of	76950
section 119.03 of the Revised Code.	76951

(3) Notwithstanding sections 3737.87 to 3737.89 of the	76952
Revised Code, a person who is not a responsible person, as	76953
determined by the fire marshal pursuant to this chapter, may	76954
conduct a voluntary action in accordance with Chapter 3746. of the	76955
Revised Code and rules adopted under it for either of the	76956
following:	76957

(a) A class C release;

76958

(b) A release, other than a class C release, that is subject	76959
to the rules adopted by the fire marshal under division (B) of	76960
section 3737.882 of the Revised Code pertaining to a corrective	76961
action, provided that both of the following apply:	76962

(i) The voluntary action also addresses hazardous substances	76963
or petroleum that is not subject to the rules adopted under	76964
division (B) of section 3737.882 of the Revised Code pertaining to	76965
a corrective action.	76966

(ii) The fire marshal has not issued an administrative order	76967
concerning the release or referred the release to the attorney	76968
general for enforcement.	76969

The director of environmental protection, pursuant to section	76970
3746.12 of the Revised Code, may issue a covenant not to sue to	76971
any person who properly completes a voluntary action with respect	76972
to any such release in accordance with Chapter 3746. of the	76973
Revised Code and rules adopted under it.	76974

(B) Before adopting any rule under this section or section	76975
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	76976
file written notice of the proposed rule with the chairperson of	76977
the state fire council, and, within sixty days after notice is	76978
filed, the council may file responses to or comments on and may	76979
recommend alternative or supplementary rules to the fire marshal.	76980
At the end of the sixty-day period or upon the filing of	76981
responses, comments, or recommendations by the council, the fire	76982
marshal may adopt the rule filed with the council or any	76983
alternative or supplementary rule recommended by the council.	76984

(C) The state fire council may recommend courses of action to	76985
be taken by the fire marshal in carrying out the fire marshal's	76986
duties under this section. The council shall file its	76987
recommendations in the office of the fire marshal, and, within	76988
sixty days after the recommendations are filed, the fire marshal	76989
shall file with the chairperson of the council comments on, and	76990
proposed action in response to, the recommendations.	76991

(D) For the purpose of sections 3737.87 to 3737.89 of the	76992
Revised Code, the fire marshal shall adopt, and may amend and	76993
rescind, rules identifying or listing hazardous substances. The	76994
rules shall be consistent with and equivalent in scope, coverage,	76995
and content to regulations identifying or listing hazardous	76996
substances adopted under the "Comprehensive Environmental	76997
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	76998
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	76999
not identify or list as a hazardous substance any hazardous waste	77000
identified or listed in rules adopted under division (A) of	77001
section 3734.12 of the Revised Code.	77002

(E) Except as provided in division (A)(3) of this section,	77003
the fire marshal shall have exclusive jurisdiction to regulate the	77004
storage, treatment, and disposal of petroleum contaminated soil	77005
generated from corrective actions undertaken in response to	77006
releases of petroleum from underground storage tank systems. The	77007
fire marshal may adopt, amend, or rescind such rules as the fire	77008
marshal considers to be necessary or appropriate to regulate the	77009
storage, treatment, or disposal of petroleum contaminated soil so	77010
generated.	77011

(F) The fire marshal shall adopt, amend, and rescind rules	77012
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	77013
accordance with Chapter 119. of the Revised Code.	77014

Sec. 3737.882. (A) If, after an examination or inspection,	77015
the fire marshal or an assistant fire marshal finds that a release	77016
of petroleum is suspected, the fire marshal shall take such action	77017
as the fire marshal considers necessary to ensure that a suspected	77018
release is confirmed or disproved and, if the occurrence of a	77019
release is confirmed, to correct the release. These actions may	77020
include one or more of the following:	77021

(1) Issuance of a citation and order requiring the	77022
responsible person to undertake, in a manner consistent with the	77023
requirements of section 9003 of the "Resource Conservation and	77024
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	77025
amended, applicable regulations adopted thereunder, and rules	77026
adopted under division (B) of this section, such actions as are	77027
necessary to protect human health and the environment, including,	77028
without limitation, the investigation of a suspected release;	77029

(2) Requesting the attorney general to bring a civil action	77030
for appropriate relief, including a temporary restraining order or	77031
preliminary or permanent injunction, in the court of common pleas	77032
of the county in which a suspected release is located or in which	77033
the release occurred, to obtain the corrective action necessary to	77034
protect human health and the environment. In granting any such	77035
relief, the court shall ensure that the terms of the temporary	77036
restraining order or injunction are sufficient to provide	77037
comprehensive corrective action to protect human health and the	77038
environment.	77039

(3) Entry onto premises and undertaking corrective action	77040
with respect to a release of petroleum if, in the fire marshal's	77041
judgment, such action is necessary to protect human health and the	77042
environment. Any corrective action undertaken by the fire marshal	77043
or assistant fire marshal under division (A)(3) of this section	77044
shall be consistent with the requirements of sections 9003 and	77045
9005 of the "Resource Conservation and Recovery Act of 1976," 98	77046
Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A.	77047
6991e, respectively, as amended, applicable regulations adopted	77048
thereunder, and rules adopted under division (B) of this section.	77049

(B) The fire marshal shall adopt, and may amend and rescind,	77050
such rules as the fire marshal considers necessary to establish	77051
standards for corrective actions for suspected and confirmed	77052
releases of petroleum and standards for the recovery of costs	77053
incurred for undertaking corrective or enforcement actions with	77054
respect to such releases. The rules also shall include	77055
requirements for financial responsibility for the cost of	77056
corrective actions for and compensation of bodily injury and	77057
property damage incurred by third parties that are caused by	77058
releases of petroleum. Rules regarding financial responsibility	77059
shall, without limitation, require responsible persons to provide	77060
evidence that the parties guaranteeing payment of the deductible	77061
amount established under division (E) or (F) of section 3737.91 of	77062
the Revised Code are, at a minimum, secondarily liable for all	77063
corrective action and third-party liability costs incurred within	77064
the scope of the deductible amount. The rules shall be consistent	77065
with sections 9003 and 9005 of the "Resource Conservation and	77066
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	77067
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	77068
applicable regulations adopted thereunder.	77069

(C)(1) No person shall violate or fail to comply with a rule	77070
adopted under division (A) of section 3737.88 of the Revised Code	77071
or division (B) of this section, and no person shall violate or	77072
fail to comply with the terms of any order issued under division	77073
(A) of section 3737.88 of the Revised Code or division (A)(1) of	77074
this section.	77075

(2) Whoever violates division (C)(1) of this section or	77076
division (F) of section 3737.881 of the Revised Code shall pay a	77077
civil penalty of not more than ten thousand dollars for each day	77078
that the violation continues. The fire marshal may, by order,	77079
assess a civil penalty under this division, or the fire marshal	77080
may request the attorney general to bring a civil action for	77081
imposition of the civil penalty in the court of common pleas of	77082
the county in which the violation occurred. If the fire marshal	77083
determines that a responsible person is in violation of division	77084
(C)(1) of this section or division (F) of section 3737.881 of the	77085
Revised Code, the fire marshal may request the attorney general to	77086
bring a civil action for appropriate relief, including a temporary	77087
restraining order or preliminary or permanent injunction, in the	77088
court of common pleas of the county in which the underground	77089
storage tank or, in the case of a violation of division (F)(3) of	77090
section 3737.881 of the Revised Code, the training program that is	77091
the subject of the violation is located. The court shall issue a	77092
temporary restraining order or an injunction upon a demonstration	77093
that a violation of division (C)(1) of this section or division	77094
(F) of section 3737.881 of the Revised Code has occurred or is	77095
occurring.	77096

Any action brought by the attorney general under this	77097
division is a civil action, governed by the Rules of Civil	77098
Procedure and other rules of practice and procedure applicable to	77099
civil actions.	77100

Nothing in section 3737.883 of the Revised Code limits the	77101
powers of the fire marshal or the attorney general under this	77102
division.	77103

(D) Orders issued under division (A) of section 3737.88 of	77104
the Revised Code and divisions (A)(1) and (C) of this section, and	77105
appeals thereof, are subject to and governed by Chapter 3745. of	77106
the Revised Code. Such orders shall be issued without the	77107
necessity for issuance of a proposed action under that chapter.	77108
For purposes of appeals of any such orders, the term "director" as	77109
used in Chapter 3745. of the Revised Code includes the fire	77110
marshal and an assistant fire marshal.	77111

(E) Any restrictions on the use of real property for the	77112
purpose of the achievement by an owner or operator of applicable	77113
standards pursuant to rules adopted under division (B) of this	77114
section shall be contained in a deed or in another instrument that	77115
is signed and acknowledged by the property owner in the same	77116
manner as a deed or an environmental covenant that is entered into	77117
in accordance with sections 5301.80 to 5301.92 of the Revised	77118
Code. The deed, other instrument containing the restrictions, or	77119
environmental covenant shall be filed and recorded in the office	77120
of the county recorder of the county in which the property is	77121
located. Pursuant to Chapter 5309. of the Revised Code, if the use	77122
restrictions or environmental covenant are connected with	77123
registered land, as defined in section 5309.01 of the Revised	77124
Code, the restrictions or environmental covenant shall be entered	77125
as a memorial on the page of the register where the title of the	77126
owner is registered.	77127

(F) Any restrictions on the use of real property for the	77128
purpose of the achievement by a person that is not a responsible	77129
person, or by a person undertaking a voluntary action of	77130
applicable standards pursuant to rules adopted under division (B)	77131
of this section shall be contained in an environmental covenant	77132
that is entered into in accordance with sections 5301.80 to	77133
5301.92 of the Revised Code. The environmental covenant shall be	77134
filed and recorded in the office of the county recorder of the	77135
county in which the property is located. Pursuant to Chapter 5309.	77136
of the Revised Code, if the environmental covenant is connected	77137
with registered land, as defined in section 5309.01 of the Revised	77138
Code, the environmental covenant shall be entered as a memorial on	77139
the page of the register where the title of the owner is	77140
registered.	77141

Sec. 3737.883. (A) As used in this section, "political	77142
subdivision" has the same meaning as in section 2744.01 of the	77143
Revised Code, but includes a community improvement corporation as	77144
that term is defined in section 1724.01 of the Revised Code.	77145

(B)(1) A political subdivision may do any of the following	77146
for an underground storage tank located within its territorial	77147
boundaries if the political subdivision is the tank owner but not	77148
the operator:	77149

(a) Initiate, continue, or properly complete the closure in	77150
place or removal of an underground storage tank system;	77151

(b) Initiate, continue, or properly complete an assessment of	77152
the site of an underground storage tank or the site of an	77153
underground storage tank system;	77154

(c) Initiate, continue, or properly complete a corrective	77155
action.	77156

(2) A political subdivision may take any of the actions	77157
described in divisions (B)(1)(a) to (c) of this section for the	77158
site of a previously existing release to which all of the	77159
following apply:	77160

(a) The political subdivision is not the responsible person.

77161

(b) The release has not received a no-further-action	77162
determination from the state fire marshal.	77163

(c) The site of the release is located within the political	77164
subdivision's territorial boundaries.	77165

(d) The responsible person is not identifiable or the state	77166
fire marshal determines that an identified responsible person is	77167
unable to pay the costs of the action to be taken by the political	77168
subdivision.	77169

(C) The state fire marshal or the state fire marshal's	77170
designee shall administer an underground storage tank revolving	77171
loan program under which the state fire marshal issues loans to	77172
assist with the costs of actions taken under divisions (B)(1) and	77173
(2) of this section. The state fire marshal shall issue a loan	77174
under the program to a political subdivision that meets the	77175
application requirements of division (D) of this section and	77176
agrees to written terms and conditions of the loan with the state	77177
fire marshal.	77178

(D) A political subdivision shall apply to the state fire	77179
marshal for a loan under this section on a form prescribed by the	77180
state fire marshal. In the application, the political subdivision	77181
shall do all of the following:	77182

(1) Describe the action for which it is requesting a loan;

77183

(2) State the requested loan amount;

77184

(3) Explain how the political subdivision plans to spend, of	77185
its own funds, in undertaking the action for which the loan is	77186
requested, an amount equal to at least five per cent of the	77187
requested loan amount;	77188

(4) Provide any other information requested by the state fire	77189
marshal.	77190

(E) The state fire marshal shall consult with the director of	77191
development services before issuing any loan under this section.	77192

(F) A loan issued under this section shall not carry	77193
interest. No loan issued under this section shall have a term of	77194
more than ten years. The political subdivision shall repay a loan	77195
issued under this section to the state fire marshal.	77196

(G) If, at any time after the expenditure of loan funds by a	77197
political subdivision under division (B)(2) of this section, the	77198
state fire marshal or any law enforcement agency identifies the	77199
responsible person or determines, for any reason, that the	77200
previously identified responsible person was or is able to pay the	77201
costs of the action for which the loan was issued, the political	77202
subdivision may bring any appropriate proceedings against the	77203
responsible person to recover the costs incurred by the political	77204
subdivision. The proceedings may be brought in either the court of	77205
common pleas having jurisdiction where the underground storage	77206
tank is located or the court of common pleas of Franklin county.	77207

(H)(1) The state fire marshal shall adopt and may amend and	77208
rescind rules as necessary for the administration and operation of	77209
the underground storage tank revolving loan program. The rules may	77210
do any of the following:	77211

(a) Further define the entities considered "political	77212
subdivisions" eligible to receive loans;	77213

(b) Establish qualifying criteria for loan recipients;

77214

(c) Establish criteria for awarding loans, loan amounts, loan	77215
payment terms, and permissible expenditures of loan funds,	77216
including methods that the state fire marshal may use to verify	77217
the proper use of loan funds or to obtain reimbursement for or the	77218
return of improperly used loan funds.	77219

(2) The state fire marshal may adopt and may amend and	77220
rescind rules for the issuance of emergency underground storage	77221
tank revolving loans to qualifying entities during a natural	77222
disaster or another similar event as defined in the rules.	77223

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	77224
section 3123.43 of the Revised Code, the state fire marshal shall	77225
comply with sections 3123.41 to 3123.50 of the Revised Code and	77226
any applicable rules adopted under section 3123.63 of the Revised	77227
Code with respect to a certificate issued pursuant to section	77228
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	77229

Sec. 3742.30. Each child at risk of lead poisoning shall	77230
undergo a blood lead screening test to determine whether the child	77231
has lead poisoning. The at-risk children shall undergo the test at	77232
times determined by rules the director of health shall adopt in	77233
accordance with Chapter 119. of the Revised Code that are	77234
consistent with the guidelines established by the centers for	77235
disease control and prevention in the public health service of the	77236
United States department of health and human services. The rules	77237
shall specify which children are at risk of lead poisoning.	77238

Neither this section nor the rules adopted under it affect	77239
the coverage of blood lead screening tests by any publicly funded	77240
health program, including the medicaid program ~~established by~~	77241
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	77242
rules adopted under it apply to a child if a parent of the child	77243
objects to the test on the grounds that the test conflicts with	77244
the parent's religious tenets and practices.	77245

Sec. 3742.31. (A) The director of health shall establish,	77246
promote, and maintain a child lead poisoning prevention program.	77247
The program shall provide statewide coordination of screening,	77248
diagnosis, and treatment services for children under age six,	77249
including both of the following:	77250

(1) Collecting the social security numbers of all children	77251
screened, diagnosed, or treated as part of the program's case	77252
management system;	77253

(2) Disclosing to the ~~office of medical assistance in the~~	77254
department of ~~job and family services~~medicaid on at least an	77255
annual basis the identity and lead screening test results of each	77256
child screened pursuant to section 3742.30 of the Revised Code.	77257
The director shall collect and disseminate information relating to	77258
child lead poisoning and controlling lead hazards.	77259

(B) The director of health shall operate the child lead	77260
poisoning prevention program in accordance with rules adopted	77261
under section 3742.50 of the Revised Code. The director may enter	77262
into an interagency agreement with one or more other state	77263
agencies to perform one or more of the program's duties. The	77264
director shall supervise and direct an agency's performance of	77265
such a duty.	77266

Sec. 3742.32. (A) The director of health shall appoint an	77267
advisory council to assist in the ongoing development and	77268
implementation of the child lead poisoning prevention program	77269
created under section 3742.31 of the Revised Code. The advisory	77270
council shall consist of the following members:	77271

(1) A representative of the ~~office of medical assistance in~~	77272
~~the~~ department of ~~job and family services~~medicaid;	77273

(2) A representative of the bureau of child care in the	77274
department of job and family services;	77275

(3) A representative of the department of environmental	77276
protection;	77277

(4) A representative of the department of education;

77278

(5) A representative of the ~~department of~~ development	77279
services agency;	77280

(6) A representative of the Ohio apartment owner's	77281
association;	77282

(7) A representative of the Ohio help end lead poisoning	77283
coalition;	77284

(8) A representative of the Ohio environmental health	77285
association;	77286

(9) An Ohio representative of the national paint and coatings	77287
association.	77288

(B) The advisory council shall do both of the following:

77289

(1) Provide the director with advice regarding the policies	77290
the child lead poisoning prevention program should emphasize,	77291
preferred methods of financing the program, and any other matter	77292
relevant to the program's operation;	77293

(2) Submit a report of the state's activities to the	77294
governor, president of the senate, and speaker of the house of	77295
representatives on or before the first day of March each year.	77296

(C) The advisory council is not subject to sections 101.82 to	77297
101.87 of the Revised Code.	77298

Sec. 3742.51. (A) There is hereby created in the state	77299
treasury the lead poisoning prevention fund. The fund shall	77300
include all moneys appropriated to the department of health for	77301
the administration and enforcement of sections 3742.31 to 3742.50	77302
of the Revised Code and the rules adopted under those sections.	77303
Any grants, contributions, or other moneys collected by the	77304
department for purposes of preventing lead poisoning shall be	77305
deposited in the state treasury to the credit of the fund.	77306

(B) Moneys in the fund shall be used solely for the purposes	77307
of the child lead poisoning prevention program established under	77308
section 3742.31 of the Revised Code, including providing financial	77309
assistance to individuals who are unable to pay for the following:	77310

(1) Costs associated with obtaining lead tests and lead	77311
poisoning treatment for children under six years of age who are	77312
not covered by private medical insurance or are underinsured, are	77313
not eligible for the medicaid program ~~established under Chapter~~	77314
~~5111. of the Revised Code~~ or any other government health program,	77315
and do not have access to another source of funds to cover the	77316
cost of lead tests and any indicated treatments;	77317

(2) Costs associated with having lead abatement performed or	77318
having the preventive treatments specified in section 3742.41 of	77319
the Revised Code performed.	77320

Sec. 3745.11. (A) Applicants for and holders of permits,	77321
licenses, variances, plan approvals, and certifications issued by	77322
the director of environmental protection pursuant to Chapters	77323
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	77324
to the environmental protection agency for each such issuance and	77325
each application for an issuance as provided by this section. No	77326
fee shall be charged for any issuance for which no application has	77327
been submitted to the director.	77328

(B) Except as otherwise provided in division (C)(2) of this	77329
section, beginning July 1, 1994, each person who owns or operates	77330
an air contaminant source and who is required to apply for and	77331
obtain a Title V permit under section 3704.036 of the Revised Code	77332
shall pay the fees set forth in this division. For the purposes of	77333
this division, total emissions of air contaminants may be	77334
calculated using engineering calculations, emissions factors,	77335
material balance calculations, or performance testing procedures,	77336
as authorized by the director.	77337

The following fees shall be assessed on the total actual	77338
emissions from a source in tons per year of the regulated	77339
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	77340
organic compounds, and lead:	77341

(1) Fifteen dollars per ton on the total actual emissions of	77342
each such regulated pollutant during the period July through	77343
December 1993, to be collected no sooner than July 1, 1994;	77344

(2) Twenty dollars per ton on the total actual emissions of	77345
each such regulated pollutant during calendar year 1994, to be	77346
collected no sooner than April 15, 1995;	77347

(3) Twenty-five dollars per ton on the total actual emissions	77348
of each such regulated pollutant in calendar year 1995, and each	77349
subsequent calendar year, to be collected no sooner than the	77350
fifteenth day of April of the year next succeeding the calendar	77351
year in which the emissions occurred.	77352

The fees levied under this division do not apply to that	77353
portion of the emissions of a regulated pollutant at a facility	77354
that exceed four thousand tons during a calendar year.	77355

(C)(1) The fees assessed under division (B) of this section	77356
are for the purpose of providing funding for the Title V permit	77357
program.	77358

(2) The fees assessed under division (B) of this section do	77359
not apply to emissions from any electric generating unit	77360
designated as a Phase I unit under Title IV of the federal Clean	77361
Air Act prior to calendar year 2000. Those fees shall be assessed	77362
on the emissions from such a generating unit commencing in	77363
calendar year 2001 based upon the total actual emissions from the	77364
generating unit during calendar year 2000 and shall continue to be	77365
assessed each subsequent calendar year based on the total actual	77366
emissions from the generating unit during the preceding calendar	77367
year.	77368

(3) The director shall issue invoices to owners or operators	77369
of air contaminant sources who are required to pay a fee assessed	77370
under division (B) or (D) of this section. Any such invoice shall	77371
be issued no sooner than the applicable date when the fee first	77372
may be collected in a year under the applicable division, shall	77373
identify the nature and amount of the fee assessed, and shall	77374
indicate that the fee is required to be paid within thirty days	77375
after the issuance of the invoice.	77376

(D)(1) Except as provided in division (D)(3) of this section,	77377
from January 1, 1994, through December 31, 2003, each person who	77378
owns or operates an air contaminant source; who is required to	77379
apply for a permit to operate pursuant to rules adopted under	77380
division (G), or a variance pursuant to division (H), of section	77381
3704.03 of the Revised Code; and who is not required to apply for	77382
and obtain a Title V permit under section 3704.036 of the Revised	77383
Code shall pay a single fee based upon the sum of the actual	77384
annual emissions from the facility of the regulated pollutants	77385
particulate matter, sulfur dioxide, nitrogen oxides, organic	77386
compounds, and lead in accordance with the following schedule:	77387

Total tons per year		77388
of regulated pollutants	Annual fee	77389
emitted	per facility	77390
More than 0, but less than 50	$ 75	77391
50 or more, but less than 100	300	77392
100 or more	700	77393

(2) Except as provided in division (D)(3) of this section,	77394
beginning January 1, 2004, each person who owns or operates an air	77395
contaminant source; who is required to apply for a permit to	77396
operate pursuant to rules adopted under division (G), or a	77397
variance pursuant to division (H), of section 3704.03 of the	77398
Revised Code; and who is not required to apply for and obtain a	77399
Title V permit under section 3704.03 of the Revised Code shall pay	77400
a single fee based upon the sum of the actual annual emissions	77401
from the facility of the regulated pollutants particulate matter,	77402
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	77403
accordance with the following schedule:	77404

Total tons per year		77405
of regulated pollutants	Annual fee	77406
emitted	per facility	77407
More than 0, but less than 10	$ 100	77408
10 or more, but less than 50	200	77409
50 or more, but less than 100	300	77410
100 or more	700	77411

(3)(a) As used in division (D) of this section, "synthetic	77412
minor facility" means a facility for which one or more permits to	77413
install or permits to operate have been issued for the air	77414
contaminant sources at the facility that include terms and	77415
conditions that lower the facility's potential to emit air	77416
contaminants below the major source thresholds established in	77417
rules adopted under section 3704.036 of the Revised Code.	77418

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	77419
each person who owns or operates a synthetic minor facility shall	77420
pay an annual fee based on the sum of the actual annual emissions	77421
from the facility of particulate matter, sulfur dioxide, nitrogen	77422
dioxide, organic compounds, and lead in accordance with the	77423
following schedule:	77424

Combined total tons		77425
per year of all regulated	Annual fee	77426
pollutants emitted	per facility	77427

Less than 10	$ 170	77428
10 or more, but less than 20	340	77429
20 or more, but less than 30	670	77430
30 or more, but less than 40	1,010	77431
40 or more, but less than 50	1,340	77432
50 or more, but less than 60	1,680	77433
60 or more, but less than 70	2,010	77434
70 or more, but less than 80	2,350	77435
80 or more, but less than 90	2,680	77436
90 or more, but less than 100	3,020	77437
100 or more	3,350	77438

(4) The fees assessed under division (D)(1) of this section	77439
shall be collected annually no sooner than the fifteenth day of	77440
April, commencing in 1995. The fees assessed under division (D)(2)	77441
of this section shall be collected annually no sooner than the	77442
fifteenth day of April, commencing in 2005. The fees assessed	77443
under division (D)(3) of this section shall be collected no sooner	77444
than the fifteenth day of April, commencing in 2000. The fees	77445
assessed under division (D) of this section in a calendar year	77446
shall be based upon the sum of the actual emissions of those	77447
regulated pollutants during the preceding calendar year. For the	77448
purpose of division (D) of this section, emissions of air	77449
contaminants may be calculated using engineering calculations,	77450
emission factors, material balance calculations, or performance	77451
testing procedures, as authorized by the director. The director,	77452
by rule, may require persons who are required to pay the fees	77453
assessed under division (D) of this section to pay those fees	77454
biennially rather than annually.	77455

(E)(1) Consistent with the need to cover the reasonable costs	77456
of the Title V permit program, the director annually shall	77457
increase the fees prescribed in division (B) of this section by	77458
the percentage, if any, by which the consumer price index for the	77459
most recent calendar year ending before the beginning of a year	77460
exceeds the consumer price index for calendar year 1989. Upon	77461
calculating an increase in fees authorized by division (E)(1) of	77462
this section, the director shall compile revised fee schedules for	77463
the purposes of division (B) of this section and shall make the	77464
revised schedules available to persons required to pay the fees	77465
assessed under that division and to the public.	77466

(2) For the purposes of division (E)(1) of this section:

77467

(a) The consumer price index for any year is the average of	77468
the consumer price index for all urban consumers published by the	77469
United States department of labor as of the close of the	77470
twelve-month period ending on the thirty-first day of August of	77471
that year.	77472

(b) If the 1989 consumer price index is revised, the director	77473
shall use the revision of the consumer price index that is most	77474
consistent with that for calendar year 1989.	77475

(F) Each person who is issued a permit to install pursuant to	77476
rules adopted under division (F) of section 3704.03 of the Revised	77477
Code on or after July 1, 2003, shall pay the fees specified in the	77478
following schedules:	77479

(1) Fuel-burning equipment (boilers, furnaces, or process	77480
heaters used in the process of burning fuel for the primary	77481
purpose of producing heat or power by indirect heat transfer)	77482

Input capacity (maximum)		77483
(million British thermal units per hour)	Permit to install	77484
Greater than 0, but less than 10	$ 200	77485
10 or more, but less than 100	400	77486
100 or more, but less than 300	1000	77487
300 or more, but less than 500	2250	77488
500 or more, but less than 1000	3750	77489
1000 or more, but less than 5000	6000	77490
5000 or more	9000	77491

Units burning exclusively natural gas, number two fuel oil,	77492
or both shall be assessed a fee that is one-half the applicable	77493
amount shown in division (F)(1) of this section.	77494

(2) Combustion turbines and stationary internal combustion	77495
engines designed to generate electricity	77496

Generating capacity (mega watts)	Permit to install	77497
0 or more, but less than 10	$ 25	77498
10 or more, but less than 25	150	77499
25 or more, but less than 50	300	77500
50 or more, but less than 100	500	77501
100 or more, but less than 250	1000	77502
250 or more	2000	77503

(3) Incinerators

77504

Input capacity (pounds per hour)	Permit to install	77505
0 to 100	$ 100	77506
101 to 500	500	77507
501 to 2000	1000	77508
2001 to 20,000	1500	77509
more than 20,000	3750	77510

(4)(a) Process

77511

Process weight rate (pounds per hour)	Permit to install	77512
0 to 1000	$ 200	77513
1001 to 5000	500	77514
5001 to 10,000	750	77515
10,001 to 50,000	1000	77516
more than 50,000	1250	77517

In any process where process weight rate cannot be	77518
ascertained, the minimum fee shall be assessed. A boiler, furnace,	77519
combustion turbine, stationary internal combustion engine, or	77520
process heater designed to provide direct heat or power to a	77521
process not designed to generate electricity shall be assessed a	77522
fee established in division (F)(4)(a) of this section. A	77523
combustion turbine or stationary internal combustion engine	77524
designed to generate electricity shall be assessed a fee	77525
established in division (F)(2) of this section.	77526

(b) Notwithstanding division (F)(4)(a) of this section, any	77527
person issued a permit to install pursuant to rules adopted under	77528
division (F) of section 3704.03 of the Revised Code shall pay the	77529
fees set forth in division (F)(4)(c) of this section for a process	77530
used in any of the following industries, as identified by the	77531
applicable two-digit, three-digit, or four-digit standard	77532
industrial classification code according to the Standard	77533
Industrial Classification Manual published by the United States	77534
office of management and budget in the executive office of the	77535
president, 1987, as revised:	77536

Major group 10, metal mining;

77537

Major group 12, coal mining;

77538

Major group 14, mining and quarrying of nonmetallic minerals;

77539

Industry group 204, grain mill products;

77540

2873 Nitrogen fertilizers;

77541

2874 Phosphatic fertilizers;

77542

3281 Cut stone and stone products;

77543

3295 Minerals and earth, ground or otherwise treated;

77544

4221 Grain elevators (storage only);

77545

5159 Farm related raw materials;

77546

5261 Retail nurseries and lawn and garden supply stores.

77547

(c) The fees set forth in the following schedule apply to the	77548
issuance of a permit to install pursuant to rules adopted under	77549
division (F) of section 3704.03 of the Revised Code for a process	77550
identified in division (F)(4)(b) of this section:	77551

Process weight rate (pounds per hour)	Permit to install	77552
0 to 10,000	$ 200	77553
10,001 to 50,000	400	77554
50,001 to 100,000	500	77555
100,001 to 200,000	600	77556
200,001 to 400,000	750	77557
400,001 or more	900	77558

(5) Storage tanks

77559

Gallons (maximum useful capacity)	Permit to install	77560
0 to 20,000	$ 100	77561
20,001 to 40,000	150	77562
40,001 to 100,000	250	77563
100,001 to 500,000	400	77564
500,001 or greater	750	77565

(6) Gasoline/fuel dispensing facilities

77566

For each gasoline/fuel		77567
dispensing facility (includes all	Permit to install	77568
units at the facility)	$ 100	77569

(7) Dry cleaning facilities

77570

For each dry cleaning		77571
facility (includes all units	Permit to install	77572
at the facility)	$ 100	77573

(8) Registration status

77574

For each source covered			Permit to install			77575
by registration status			$ 75			77576

(G) An owner or operator who is responsible for an asbestos	77577
demolition or renovation project pursuant to rules adopted under	77578
section 3704.03 of the Revised Code shall pay the fees set forth	77579
in the following schedule:	77580

Action	Fee	77581
Each notification	$75	77582
Asbestos removal	$3/unit	77583
Asbestos cleanup	$4/cubic yard	77584

For purposes of this division, "unit" means any combination of	77585
linear feet or square feet equal to fifty.	77586

(H) A person who is issued an extension of time for a permit	77587
to install an air contaminant source pursuant to rules adopted	77588
under division (F) of section 3704.03 of the Revised Code shall	77589
pay a fee equal to one-half the fee originally assessed for the	77590
permit to install under this section, except that the fee for such	77591
an extension shall not exceed two hundred dollars.	77592

(I) A person who is issued a modification to a permit to	77593
install an air contaminant source pursuant to rules adopted under	77594
section 3704.03 of the Revised Code shall pay a fee equal to	77595
one-half of the fee that would be assessed under this section to	77596
obtain a permit to install the source. The fee assessed by this	77597
division only applies to modifications that are initiated by the	77598
owner or operator of the source and shall not exceed two thousand	77599
dollars.	77600

(J) Notwithstanding division (F) of this section, a person	77601
who applies for or obtains a permit to install pursuant to rules	77602
adopted under division (F) of section 3704.03 of the Revised Code	77603
after the date actual construction of the source began shall pay a	77604
fee for the permit to install that is equal to twice the fee that	77605
otherwise would be assessed under the applicable division unless	77606
the applicant received authorization to begin construction under	77607
division (W) of section 3704.03 of the Revised Code. This division	77608
only applies to sources for which actual construction of the	77609
source begins on or after July 1, 1993. The imposition or payment	77610
of the fee established in this division does not preclude the	77611
director from taking any administrative or judicial enforcement	77612
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	77613
of the Revised Code, or a rule adopted under any of them, in	77614
connection with a violation of rules adopted under division (F) of	77615
section 3704.03 of the Revised Code.	77616

As used in this division, "actual construction of the source"	77617
means the initiation of physical on-site construction activities	77618
in connection with improvements to the source that are permanent	77619
in nature, including, without limitation, the installation of	77620
building supports and foundations and the laying of underground	77621
pipework.	77622

(K)(1) Money received under division (B) of this section	77623
shall be deposited in the state treasury to the credit of the	77624
Title V clean air fund created in section 3704.035 of the Revised	77625
Code. Annually, fifty cents per ton of each fee assessed under	77626
division (B) of this section on actual emissions from a source and	77627
received by the environmental protection agency pursuant to that	77628
division shall be transferred using an interstate transfer voucher	77629
to the state treasury to the credit of the small business	77630
assistance fund created in section 3706.19 of the Revised Code. In	77631
addition, annually, the amount of money necessary for the	77632
operation of the office of ombudsperson as determined under	77633
division (B) of that section shall be transferred to the state	77634
treasury to the credit of the small business ombudsperson fund	77635
created by that section.	77636

(2) Money received by the agency pursuant to divisions (D),	77637
(F), (G), (H), (I), and (J) of this section shall be deposited in	77638
the state treasury to the credit of the non-Title V clean air fund	77639
created in section 3704.035 of the Revised Code.	77640

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	77641
or (c) of this section, a person issued a water discharge permit	77642
or renewal of a water discharge permit pursuant to Chapter 6111.	77643
of the Revised Code shall pay a fee based on each point source to	77644
which the issuance is applicable in accordance with the following	77645
schedule:	77646

Design flow discharge (gallons per day)	Fee	77647
0 to 1000	$ 0	77648
1,001 to 5000	100	77649
5,001 to 50,000	200	77650
50,001 to 100,000	300	77651
100,001 to 300,000	525	77652
over 300,000	750	77653

(b) Notwithstanding the fee schedule specified in division	77654
(L)(1)(a) of this section, the fee for a water discharge permit	77655
that is applicable to coal mining operations regulated under	77656
Chapter 1513. of the Revised Code shall be two hundred fifty	77657
dollars per mine.	77658

(c) Notwithstanding the fee schedule specified in division	77659
(L)(1)(a) of this section, the fee for a water discharge permit	77660
for a public discharger identified by I in the third character of	77661
the permittee's NPDES permit number shall not exceed seven hundred	77662
fifty dollars.	77663

(2) A person applying for a plan approval for a wastewater	77664
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	77665
of the Revised Code shall pay a fee of one hundred dollars plus	77666
sixty-five one-hundredths of one per cent of the estimated project	77667
cost through June 30, ~~2014~~2016, and one hundred dollars plus	77668
two-tenths of one per cent of the estimated project cost on and	77669
after July 1, ~~2014~~2016, except that the total fee shall not	77670
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	77671
five thousand dollars on and after July 1, ~~2014~~2016. The fee	77672
shall be paid at the time the application is submitted.	77673

(3) A person issued a modification of a water discharge	77674
permit shall pay a fee equal to one-half the fee that otherwise	77675
would be charged for a water discharge permit, except that the fee	77676
for the modification shall not exceed four hundred dollars.	77677

(4) A person who has entered into an agreement with the	77678
director under section 6111.14 of the Revised Code shall pay an	77679
administrative service fee for each plan submitted under that	77680
section for approval that shall not exceed the minimum amount	77681
necessary to pay administrative costs directly attributable to	77682
processing plan approvals. The director annually shall calculate	77683
the fee and shall notify all persons who have entered into	77684
agreements under that section, or who have applied for agreements,	77685
of the amount of the fee.	77686

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	77687
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	77688
pursuant to Chapter 6111. of the Revised Code with an average	77689
daily discharge flow of five thousand gallons or more shall pay a	77690
nonrefundable annual discharge fee. Any person who fails to pay	77691
the fee at that time shall pay an additional amount that equals	77692
ten per cent of the required annual discharge fee.	77693

(ii) The billing year for the annual discharge fee	77694
established in division (L)(5)(a)(i) of this section shall consist	77695
of a twelve-month period beginning on the first day of January of	77696
the year preceding the date when the annual discharge fee is due.	77697
In the case of an existing source that permanently ceases to	77698
discharge during a billing year, the director shall reduce the	77699
annual discharge fee, including the surcharge applicable to	77700
certain industrial facilities pursuant to division (L)(5)(c) of	77701
this section, by one-twelfth for each full month during the	77702
billing year that the source was not discharging, but only if the	77703
person holding the NPDES discharge permit for the source notifies	77704
the director in writing, not later than the first day of October	77705
of the billing year, of the circumstances causing the cessation of	77706
discharge.	77707

(iii) The annual discharge fee established in division	77708
(L)(5)(a)(i) of this section, except for the surcharge applicable	77709
to certain industrial facilities pursuant to division (L)(5)(c) of	77710
this section, shall be based upon the average daily discharge flow	77711
in gallons per day calculated using first day of May through	77712
thirty-first day of October flow data for the period two years	77713
prior to the date on which the fee is due. In the case of NPDES	77714
discharge permits for new sources, the fee shall be calculated	77715
using the average daily design flow of the facility until actual	77716
average daily discharge flow values are available for the time	77717
period specified in division (L)(5)(a)(iii) of this section. The	77718
annual discharge fee may be prorated for a new source as described	77719
in division (L)(5)(a)(ii) of this section.	77720

(b) An NPDES permit holder that is a public discharger shall	77721
pay the fee specified in the following schedule:	77722

Average daily	Fee due by	77723
discharge flow	January 30,	77724
	~~2012~~ 2014, and	77725
	January 30, ~~2013~~ 2015	77726

5,000 to 49,999	$ 200	77727
50,000 to 100,000	500	77728
100,001 to 250,000	1,050	77729
250,001 to 1,000,000	2,600	77730
1,000,001 to 5,000,000	5,200	77731
5,000,001 to 10,000,000	10,350	77732
10,000,001 to 20,000,000	15,550	77733
20,000,001 to 50,000,000	25,900	77734
50,000,001 to 100,000,000	41,400	77735
100,000,001 or more	62,100	77736

Public dischargers owning or operating two or more publicly	77737
owned treatment works serving the same political subdivision, as	77738
"treatment works" is defined in section 6111.01 of the Revised	77739
Code, and that serve exclusively political subdivisions having a	77740
population of fewer than one hundred thousand shall pay an annual	77741
discharge fee under division (L)(5)(b) of this section that is	77742
based on the combined average daily discharge flow of the	77743
treatment works.	77744

(c) An NPDES permit holder that is an industrial discharger,	77745
other than a coal mining operator identified by P in the third	77746
character of the permittee's NPDES permit number, shall pay the	77747
fee specified in the following schedule:	77748

Average daily	Fee due by	77749
discharge flow	January 30,	77750
	~~2012~~ 2014, and	77751
	January 30, ~~2013~~ 2015	77752

5,000 to 49,999	$ 250	77753
50,000 to 250,000	1,200	77754
250,001 to 1,000,000	2,950	77755
1,000,001 to 5,000,000	5,850	77756
5,000,001 to 10,000,000	8,800	77757
10,000,001 to 20,000,000	11,700	77758
20,000,001 to 100,000,000	14,050	77759
100,000,001 to 250,000,000	16,400	77760
250,000,001 or more	18,700	77761

In addition to the fee specified in the above schedule, an	77762
NPDES permit holder that is an industrial discharger classified as	77763
a major discharger during all or part of the annual discharge fee	77764
billing year specified in division (L)(5)(a)(ii) of this section	77765
shall pay a nonrefundable annual surcharge of seven thousand five	77766
hundred dollars not later than January 30, ~~2012~~2014, and not	77767
later than January 30, ~~2013~~2015. Any person who fails to pay the	77768
surcharge at that time shall pay an additional amount that equals	77769
ten per cent of the amount of the surcharge.	77770

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	77771
section, a public discharger identified by I in the third	77772
character of the permittee's NPDES permit number and an industrial	77773
discharger identified by I, J, L, V, W, X, Y, or Z in the third	77774
character of the permittee's NPDES permit number shall pay a	77775
nonrefundable annual discharge fee of one hundred eighty dollars	77776
not later than January 30, ~~2012~~2014, and not later than January	77777
30, ~~2013~~2015. Any person who fails to pay the fee at that time	77778
shall pay an additional amount that equals ten per cent of the	77779
required fee.	77780

(6) Each person obtaining a national pollutant discharge	77781
elimination system general or individual permit for municipal	77782
storm water discharge shall pay a nonrefundable storm water	77783
discharge fee of one hundred dollars per square mile of area	77784
permitted. The fee shall not exceed ten thousand dollars and shall	77785
be payable on or before January 30, 2004, and the thirtieth day of	77786
January of each year thereafter. Any person who fails to pay the	77787
fee on the date specified in division (L)(6) of this section shall	77788
pay an additional amount per year equal to ten per cent of the	77789
annual fee that is unpaid.	77790

(7) The director shall transmit all moneys collected under	77791
division (L) of this section to the treasurer of state for deposit	77792
into the state treasury to the credit of the surface water	77793
protection fund created in section 6111.038 of the Revised Code.	77794

(8) As used in division (L) of this section:

77795

(a) "NPDES" means the federally approved national pollutant	77796
discharge elimination system program for issuing, modifying,	77797
revoking, reissuing, terminating, monitoring, and enforcing	77798
permits and imposing and enforcing pretreatment requirements under	77799
Chapter 6111. of the Revised Code and rules adopted under it.	77800

(b) "Public discharger" means any holder of an NPDES permit	77801
identified by P in the second character of the NPDES permit number	77802
assigned by the director.	77803

(c) "Industrial discharger" means any holder of an NPDES	77804
permit identified by I in the second character of the NPDES permit	77805
number assigned by the director.	77806

(d) "Major discharger" means any holder of an NPDES permit	77807
classified as major by the regional administrator of the United	77808
States environmental protection agency in conjunction with the	77809
director.	77810

(M) Through June 30, ~~2014~~2016, a person applying for a	77811
license or license renewal to operate a public water system under	77812
section 6109.21 of the Revised Code shall pay the appropriate fee	77813
established under this division at the time of application to the	77814
director. Any person who fails to pay the fee at that time shall	77815
pay an additional amount that equals ten per cent of the required	77816
fee. The director shall transmit all moneys collected under this	77817
division to the treasurer of state for deposit into the drinking	77818
water protection fund created in section 6109.30 of the Revised	77819
Code.	77820

Except as provided in ~~division~~divisions (M)(4) and (5) of	77821
this section, fees required under this division shall be	77822
calculated and paid in accordance with the following schedule:	77823

(1) For the initial license required under section 6109.21 of	77824
the Revised Code for any public water system that is a community	77825
water system as defined in section 6109.01 of the Revised Code,	77826
and for each license renewal required for such a system prior to	77827
January 31, ~~2014~~2016, the fee is:	77828

Number of service connections		Fee amount	77829
	Not more than 49	$ 112	77830
	50 to 99	176	77831

Number of service connections		Average cost per connection	77832
	100 to 2,499	$ 1.92	77833
	2,500 to 4,999	1.48	77834
	5,000 to 7,499	1.42	77835
	7,500 to 9,999	1.34	77836
	10,000 to 14,999	1.16	77837
	15,000 to 24,999	1.10	77838
	25,000 to 49,999	1.04	77839
	50,000 to 99,999	.92	77840
	100,000 to 149,999	.86	77841
	150,000 to 199,999	.80	77842
	200,000 or more	.76	77843

A public water system may determine how it will pay the total	77844
amount of the fee calculated under division (M)(1) of this	77845
section, including the assessment of additional user fees that may	77846
be assessed on a volumetric basis.	77847

As used in division (M)(1) of this section, "service	77848
connection" means the number of active or inactive pipes,	77849
goosenecks, pigtails, and any other fittings connecting a water	77850
main to any building outlet.	77851

(2) For the initial license required under section 6109.21 of	77852
the Revised Code for any public water system that is not a	77853
community water system and serves a nontransient population, and	77854
for each license renewal required for such a system prior to	77855
January 31, ~~2014~~2016, the fee is:	77856

Population served	Fee amount	77857
Fewer than 150	$ 112	77858
150 to 299	176	77859
300 to 749	384	77860
750 to 1,499	628	77861
1,500 to 2,999	1,268	77862
3,000 to 7,499	2,816	77863
7,500 to 14,999	5,510	77864
15,000 to 22,499	9,048	77865
22,500 to 29,999	12,430	77866
30,000 or more	16,820	77867

As used in division (M)(2) of this section, "population	77868
served" means the total number of individuals having access to the	77869
water supply during a twenty-four-hour period for at least sixty	77870
days during any calendar year. In the absence of a specific	77871
population count, that number shall be calculated at the rate of	77872
three individuals per service connection.	77873

(3) For the initial license required under section 6109.21 of	77874
the Revised Code for any public water system that is not a	77875
community water system and serves a transient population, and for	77876
each license renewal required for such a system prior to January	77877
31, ~~2014~~2016, the fee is:	77878

Number of wells or sources, other than surface water, supplying system		Fee amount	77879
	1	$112	77880
	2	112	77881
	3	176	77882
	4	278	77883
	5	568	77884
	System designated as using a		77885
	surface water source	792	77886

As used in division (M)(3) of this section, "number of wells	77887
or sources, other than surface water, supplying system" means	77888
those wells or sources that are physically connected to the	77889
plumbing system serving the public water system.	77890

(4) A public water system designated as using a surface water	77891
source shall pay a fee of seven hundred ninety-two dollars or the	77892
amount calculated under division (M)(1) or (2) of this section,	77893
whichever is greater.	77894

(5) An applicant for an initial license who is proposing to	77895
operate a new public water supply system shall submit a fee that	77896
equals a prorated amount of the appropriate fee for the remainder	77897
of the licensing year.	77898

(N)(1) A person applying for a plan approval for a public	77899
water supply system under section 6109.07 of the Revised Code	77900
shall pay a fee of one hundred fifty dollars plus thirty-five	77901
hundredths of one per cent of the estimated project cost, except	77902
that the total fee shall not exceed twenty thousand dollars	77903
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	77904
after July 1, ~~2014~~2016. The fee shall be paid at the time the	77905
application is submitted.	77906

(2) A person who has entered into an agreement with the	77907
director under division (A)(2) of section 6109.07 of the Revised	77908
Code shall pay an administrative service fee for each plan	77909
submitted under that section for approval that shall not exceed	77910
the minimum amount necessary to pay administrative costs directly	77911
attributable to processing plan approvals. The director annually	77912
shall calculate the fee and shall notify all persons that have	77913
entered into agreements under that division, or who have applied	77914
for agreements, of the amount of the fee.	77915

(3) Through June 30, ~~2014~~2016, the following fee, on a per	77916
survey basis, shall be charged any person for services rendered by	77917
the state in the evaluation of laboratories and laboratory	77918
personnel for compliance with accepted analytical techniques and	77919
procedures established pursuant to Chapter 6109. of the Revised	77920
Code for determining the qualitative characteristics of water:	77921

microbiological			77922
	MMO-MUG	$2,000	77923
	MF	2,100	77924
	MMO-MUG and MF	2,550	77925
organic chemical		5,400	77926
trace metals		5,400	77927
standard chemistry		2,800	77928
limited chemistry		1,550	77929

On and after July 1, ~~2014~~2016, the following fee, on a per	77930
survey basis, shall be charged any such person:	77931

microbiological	$ 1,650	77932
organic chemicals	3,500	77933
trace metals	3,500	77934
standard chemistry	1,800	77935
limited chemistry	1,000	77936

The fee for those services shall be paid at the time the request	77937
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	77938
laboratory shall not be assessed a fee under this division more	77939
than once in any three-year period unless the person requests the	77940
addition of analytical methods or analysts, in which case the	77941
person shall pay eighteen hundred dollars for each additional	77942
survey requested.	77943

As used in division (N)(3) of this section:

77944

(a) "MF" means microfiltration.

77945

(b) "MMO" means minimal medium ONPG.

77946

77947

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

77948

The director shall transmit all moneys collected under this	77949
division to the treasurer of state for deposit into the drinking	77950
water protection fund created in section 6109.30 of the Revised	77951
Code.	77952

(O) Any person applying to the director to take an	77953
examination for certification as an operator of a water supply	77954
system or wastewater system under Chapter 6109. or 6111. of the	77955
Revised Code that is administered by the director, at the time the	77956
application is submitted, shall pay a fee in accordance with the	77957
following schedule through November 30, ~~2014~~2016:	77958

Class A operator	$ 80	77959
Class I operator	105	77960
Class II operator	120	77961
Class III operator	130	77962
Class IV operator	145	77963

On and after December 1, ~~2014~~2016, the applicant shall pay a	77964
fee in accordance with the following schedule:	77965

Class A operator	$ 50	77966
Class I operator	70	77967
Class II operator	80	77968
Class III operator	90	77969
Class IV operator	100	77970

Any person applying to the director for certification as an	77971
operator of a water supply system or wastewater system who has	77972
passed an examination administered by an examination provider	77973
approved by the director shall pay a certification fee of	77974
forty-five dollars.	77975

A person shall pay a biennial certification renewal fee for	77976
each applicable class of certification in accordance with the	77977
following schedule:	77978

Class A operator	$25	77979
Class I operator	35	77980
Class II operator	45	77981
Class III operator	55	77982
Class IV operator	65	77983

If a certification renewal fee is received by the director	77984
more than thirty days, but not more than one year after the	77985
expiration date of the certification, the person shall pay a	77986
certification renewal fee in accordance with the following	77987
schedule:	77988

Class A operator	$45	77989
Class I operator	55	77990
Class II operator	65	77991
Class III operator	75	77992
Class IV operator	85	77993

A person who requests a replacement certificate shall pay a	77994
fee of twenty-five dollars at the time the request is made.	77995

Any person applying to be a water supply system or wastewater	77996
treatment system examination provider shall pay an application fee	77997
of five hundred dollars. Any person approved by the director as a	77998
water supply system or wastewater treatment system examination	77999
provider shall pay an annual fee that is equal to ten per cent of	78000
the fees that the provider assesses and collects for administering	78001
water supply system or wastewater treatment system certification	78002
examinations in this state for the calendar year. The fee shall be	78003
paid not later than forty-five days after the end of a calendar	78004
year.	78005

The director shall transmit all moneys collected under this	78006
division to the treasurer of state for deposit into the drinking	78007
water protection fund created in section 6109.30 of the Revised	78008
Code.	78009

(P) Any person submitting an application for an industrial	78010
water pollution control certificate under section 6111.31 of the	78011
Revised Code, as that section existed before its repeal by H.B. 95	78012
of the 125th general assembly, shall pay a nonrefundable fee of	78013
five hundred dollars at the time the application is submitted. The	78014
director shall transmit all moneys collected under this division	78015
to the treasurer of state for deposit into the surface water	78016
protection fund created in section 6111.038 of the Revised Code. A	78017
person paying a certificate fee under this division shall not pay	78018
an application fee under division (S)(1) of this section. On and	78019
after June 26, 2003, persons shall file such applications and pay	78020
the fee as required under sections 5709.20 to 5709.27 of the	78021
Revised Code, and proceeds from the fee shall be credited as	78022
provided in section 5709.212 of the Revised Code.	78023

(Q) Except as otherwise provided in division (R) of this	78024
section, a person issued a permit by the director for a new solid	78025
waste disposal facility other than an incineration or composting	78026
facility, a new infectious waste treatment facility other than an	78027
incineration facility, or a modification of such an existing	78028
facility that includes an increase in the total disposal or	78029
treatment capacity of the facility pursuant to Chapter 3734. of	78030
the Revised Code shall pay a fee of ten dollars per thousand cubic	78031
yards of disposal or treatment capacity, or one thousand dollars,	78032
whichever is greater, except that the total fee for any such	78033
permit shall not exceed eighty thousand dollars. A person issued a	78034
modification of a permit for a solid waste disposal facility or an	78035
infectious waste treatment facility that does not involve an	78036
increase in the total disposal or treatment capacity of the	78037
facility shall pay a fee of one thousand dollars. A person issued	78038
a permit to install a new, or modify an existing, solid waste	78039
transfer facility under that chapter shall pay a fee of two	78040
thousand five hundred dollars. A person issued a permit to install	78041
a new or to modify an existing solid waste incineration or	78042
composting facility, or an existing infectious waste treatment	78043
facility using incineration as its principal method of treatment,	78044
under that chapter shall pay a fee of one thousand dollars. The	78045
increases in the permit fees under this division resulting from	78046
the amendments made by Amended Substitute House Bill 592 of the	78047
117th general assembly do not apply to any person who submitted an	78048
application for a permit to install a new, or modify an existing,	78049
solid waste disposal facility under that chapter prior to	78050
September 1, 1987; any such person shall pay the permit fee	78051
established in this division as it existed prior to June 24, 1988.	78052
In addition to the applicable permit fee under this division, a	78053
person issued a permit to install or modify a solid waste facility	78054
or an infectious waste treatment facility under that chapter who	78055
fails to pay the permit fee to the director in compliance with	78056
division (V) of this section shall pay an additional ten per cent	78057
of the amount of the fee for each week that the permit fee is	78058
late.	78059

Permit and late payment fees paid to the director under this	78060
division shall be credited to the general revenue fund.	78061

(R)(1) A person issued a registration certificate for a scrap	78062
tire collection facility under section 3734.75 of the Revised Code	78063
shall pay a fee of two hundred dollars, except that if the	78064
facility is owned or operated by a motor vehicle salvage dealer	78065
licensed under Chapter 4738. of the Revised Code, the person shall	78066
pay a fee of twenty-five dollars.	78067

(2) A person issued a registration certificate for a new	78068
scrap tire storage facility under section 3734.76 of the Revised	78069
Code shall pay a fee of three hundred dollars, except that if the	78070
facility is owned or operated by a motor vehicle salvage dealer	78071
licensed under Chapter 4738. of the Revised Code, the person shall	78072
pay a fee of twenty-five dollars.	78073

(3) A person issued a permit for a scrap tire storage	78074
facility under section 3734.76 of the Revised Code shall pay a fee	78075
of one thousand dollars, except that if the facility is owned or	78076
operated by a motor vehicle salvage dealer licensed under Chapter	78077
4738. of the Revised Code, the person shall pay a fee of fifty	78078
dollars.	78079

(4) A person issued a permit for a scrap tire monocell or	78080
monofill facility under section 3734.77 of the Revised Code shall	78081
pay a fee of ten dollars per thousand cubic yards of disposal	78082
capacity or one thousand dollars, whichever is greater, except	78083
that the total fee for any such permit shall not exceed eighty	78084
thousand dollars.	78085

(5) A person issued a registration certificate for a scrap	78086
tire recovery facility under section 3734.78 of the Revised Code	78087
shall pay a fee of one hundred dollars.	78088

(6) A person issued a permit for a scrap tire recovery	78089
facility under section 3734.78 of the Revised Code shall pay a fee	78090
of one thousand dollars.	78091

(7) In addition to the applicable registration certificate or	78092
permit fee under divisions (R)(1) to (6) of this section, a person	78093
issued a registration certificate or permit for any such scrap	78094
tire facility who fails to pay the registration certificate or	78095
permit fee to the director in compliance with division (V) of this	78096
section shall pay an additional ten per cent of the amount of the	78097
fee for each week that the fee is late.	78098

(8) The registration certificate, permit, and late payment	78099
fees paid to the director under divisions (R)(1) to (7) of this	78100
section shall be credited to the scrap tire management fund	78101
created in section 3734.82 of the Revised Code.	78102

(S)(1) Except as provided by divisions (L), (M), (N), (O),	78103
(P), and (S)(2) of this section, division (A)(2) of section	78104
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	78105
and rules adopted under division (T)(1) of this section, any	78106
person applying for a registration certificate under section	78107
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	78108
variance, or plan approval under Chapter 3734. of the Revised Code	78109
shall pay a nonrefundable fee of fifteen dollars at the time the	78110
application is submitted.	78111

Except as otherwise provided, any person applying for a	78112
permit, variance, or plan approval under Chapter 6109. or 6111. of	78113
the Revised Code shall pay a nonrefundable fee of one hundred	78114
dollars at the time the application is submitted through June 30,	78115
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	78116
the application is submitted on and after July 1, ~~2014~~2016.	78117
Except as provided in division (S)(3) of this section, through	78118
June 30, ~~2014~~2016, any person applying for a national pollutant	78119
discharge elimination system permit under Chapter 6111. of the	78120
Revised Code shall pay a nonrefundable fee of two hundred dollars	78121
at the time of application for the permit. On and after July 1,	78122
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	78123
dollars at the time of application.	78124

In addition to the application fee established under division	78125
(S)(1) of this section, any person applying for a national	78126
pollutant discharge elimination system general storm water	78127
construction permit shall pay a nonrefundable fee of twenty	78128
dollars per acre for each acre that is permitted above five acres	78129
at the time the application is submitted. However, the per acreage	78130
fee shall not exceed three hundred dollars. In addition, any	78131
person applying for a national pollutant discharge elimination	78132
system general storm water industrial permit shall pay a	78133
nonrefundable fee of one hundred fifty dollars at the time the	78134
application is submitted.	78135

The director shall transmit all moneys collected under	78136
division (S)(1) of this section pursuant to Chapter 6109. of the	78137
Revised Code to the treasurer of state for deposit into the	78138
drinking water protection fund created in section 6109.30 of the	78139
Revised Code.	78140

The director shall transmit all moneys collected under	78141
division (S)(1) of this section pursuant to Chapter 6111. of the	78142
Revised Code and under division (S)(3) of this section to the	78143
treasurer of state for deposit into the surface water protection	78144
fund created in section 6111.038 of the Revised Code.	78145

If a registration certificate is issued under section	78146
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	78147
the application fee paid shall be deducted from the amount of the	78148
registration certificate fee due under division (R)(1), (2), or	78149
(5) of this section, as applicable.	78150

If a person submits an electronic application for a	78151
registration certificate, permit, variance, or plan approval for	78152
which an application fee is established under division (S)(1) of	78153
this section, the person shall pay the applicable application fee	78154
as expeditiously as possible after the submission of the	78155
electronic application. An application for a registration	78156
certificate, permit, variance, or plan approval for which an	78157
application fee is established under division (S)(1) of this	78158
section shall not be reviewed or processed until the applicable	78159
application fee, and any other fees established under this	78160
division, are paid.	78161

(2) Division (S)(1) of this section does not apply to an	78162
application for a registration certificate for a scrap tire	78163
collection or storage facility submitted under section 3734.75 or	78164
3734.76 of the Revised Code, as applicable, if the owner or	78165
operator of the facility or proposed facility is a motor vehicle	78166
salvage dealer licensed under Chapter 4738. of the Revised Code.	78167

(3) A person applying for coverage under a national pollutant	78168
discharge elimination system general discharge permit for	78169
household sewage treatment systems shall pay the following fees:	78170

(a) A nonrefundable fee of two hundred dollars at the time of	78171
application for initial permit coverage;	78172

(b) A nonrefundable fee of one hundred dollars at the time of	78173
application for a renewal of permit coverage.	78174

(T) The director may adopt, amend, and rescind rules in	78175
accordance with Chapter 119. of the Revised Code that do all of	78176
the following:	78177

(1) Prescribe fees to be paid by applicants for and holders	78178
of any license, permit, variance, plan approval, or certification	78179
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	78180
the Revised Code that are not specifically established in this	78181
section. The fees shall be designed to defray the cost of	78182
processing, issuing, revoking, modifying, denying, and enforcing	78183
the licenses, permits, variances, plan approvals, and	78184
certifications.	78185

The director shall transmit all moneys collected under rules	78186
adopted under division (T)(1) of this section pursuant to Chapter	78187
6109. of the Revised Code to the treasurer of state for deposit	78188
into the drinking water protection fund created in section 6109.30	78189
of the Revised Code.	78190

The director shall transmit all moneys collected under rules	78191
adopted under division (T)(1) of this section pursuant to Chapter	78192
6111. of the Revised Code to the treasurer of state for deposit	78193
into the surface water protection fund created in section 6111.038	78194
of the Revised Code.	78195

(2) Exempt the state and political subdivisions thereof,	78196
including education facilities or medical facilities owned by the	78197
state or a political subdivision, or any person exempted from	78198
taxation by section 5709.07 or 5709.12 of the Revised Code, from	78199
any fee required by this section;	78200

(3) Provide for the waiver of any fee, or any part thereof,	78201
otherwise required by this section whenever the director	78202
determines that the imposition of the fee would constitute an	78203
unreasonable cost of doing business for any applicant, class of	78204
applicants, or other person subject to the fee;	78205

(4) Prescribe measures that the director considers necessary	78206
to carry out this section.	78207

(U) When the director reasonably demonstrates that the direct	78208
cost to the state associated with the issuance of a permit to	78209
install, license, variance, plan approval, or certification	78210
exceeds the fee for the issuance or review specified by this	78211
section, the director may condition the issuance or review on the	78212
payment by the person receiving the issuance or review of, in	78213
addition to the fee specified by this section, the amount, or any	78214
portion thereof, in excess of the fee specified under this	78215
section. The director shall not so condition issuances for which a	78216
fee is prescribed in division (L)(1)(b) of this section.	78217

(V) Except as provided in divisions (L), (M), and (P) of this	78218
section or unless otherwise prescribed by a rule of the director	78219
adopted pursuant to Chapter 119. of the Revised Code, all fees	78220
required by this section are payable within thirty days after the	78221
issuance of an invoice for the fee by the director or the	78222
effective date of the issuance of the license, permit, variance,	78223
plan approval, or certification. If payment is late, the person	78224
responsible for payment of the fee shall pay an additional ten per	78225
cent of the amount due for each month that it is late.	78226

(W) As used in this section, "fuel-burning equipment,"	78227
"fuel-burning equipment input capacity," "incinerator,"	78228
"incinerator input capacity," "process," "process weight rate,"	78229
"storage tank," "gasoline dispensing facility," "dry cleaning	78230
facility," "design flow discharge," and "new source treatment	78231
works" have the meanings ascribed to those terms by applicable	78232
rules or standards adopted by the director under Chapter 3704. or	78233
6111. of the Revised Code.	78234

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	78235
(J) of this section, and in any other provision of this section	78236
pertaining to fees paid pursuant to Chapter 3704. of the Revised	78237
Code:	78238

(1) "Facility," "federal Clean Air Act," "person," and "Title	78239
V permit" have the same meanings as in section 3704.01 of the	78240
Revised Code.	78241

(2) "Title V permit program" means the following activities	78242
as necessary to meet the requirements of Title V of the federal	78243
Clean Air Act and 40 C.F.R. part 70, including at least:	78244

(a) Preparing and adopting, if applicable, generally	78245
applicable rules or guidance regarding the permit program or its	78246
implementation or enforcement;	78247

(b) Reviewing and acting on any application for a Title V	78248
permit, permit revision, or permit renewal, including the	78249
development of an applicable requirement as part of the processing	78250
of a permit, permit revision, or permit renewal;	78251

(c) Administering the permit program, including the	78252
supporting and tracking of permit applications, compliance	78253
certification, and related data entry;	78254

(d) Determining which sources are subject to the program and	78255
implementing and enforcing the terms of any Title V permit, not	78256
including any court actions or other formal enforcement actions;	78257

(e) Emission and ambient monitoring;

78258

(f) Modeling, analyses, or demonstrations;

78259

(g) Preparing inventories and tracking emissions;

78260

(h) Providing direct and indirect support to small business	78261
stationary sources to determine and meet their obligations under	78262
the federal Clean Air Act pursuant to the small business	78263
stationary source technical and environmental compliance	78264
assistance program required by section 507 of that act and	78265
established in sections 3704.18, 3704.19, and 3706.19 of the	78266
Revised Code.	78267

(3) "Organic compound" means any chemical compound of carbon,	78268
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic	78269
carbides or carbonates, and ammonium carbonate.	78270

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	78271
of this section, each sewage sludge facility shall pay a	78272
nonrefundable annual sludge fee equal to three dollars and fifty	78273
cents per dry ton of sewage sludge, including the dry tons of	78274
sewage sludge in materials derived from sewage sludge, that the	78275
sewage sludge facility treats or disposes of in this state. The	78276
annual volume of sewage sludge treated or disposed of by a sewage	78277
sludge facility shall be calculated using the first day of January	78278
through the thirty-first day of December of the calendar year	78279
preceding the date on which payment of the fee is due.	78280

(2)(a) Except as provided in division (Y)(2)(d) of this	78281
section, each sewage sludge facility shall pay a minimum annual	78282
sewage sludge fee of one hundred dollars.	78283

(b) The annual sludge fee required to be paid by a sewage	78284
sludge facility that treats or disposes of exceptional quality	78285
sludge in this state shall be thirty-five per cent less per dry	78286
ton of exceptional quality sludge than the fee assessed under	78287
division (Y)(1) of this section, subject to the following	78288
exceptions:	78289

(i) Except as provided in division (Y)(2)(d) of this section,	78290
a sewage sludge facility that treats or disposes of exceptional	78291
quality sludge shall pay a minimum annual sewage sludge fee of one	78292
hundred dollars.	78293

(ii) A sewage sludge facility that treats or disposes of	78294
exceptional quality sludge shall not be required to pay the annual	78295
sludge fee for treatment or disposal in this state of exceptional	78296
quality sludge generated outside of this state and contained in	78297
bags or other containers not greater than one hundred pounds in	78298
capacity.	78299

A thirty-five per cent reduction for exceptional quality	78300
sludge applies to the maximum annual fees established under	78301
division (Y)(3) of this section.	78302

(c) A sewage sludge facility that transfers sewage sludge to	78303
another sewage sludge facility in this state for further treatment	78304
prior to disposal in this state shall not be required to pay the	78305
annual sludge fee for the tons of sewage sludge that have been	78306
transferred. In such a case, the sewage sludge facility that	78307
disposes of the sewage sludge shall pay the annual sludge fee.	78308
However, the facility transferring the sewage sludge shall pay the	78309
one-hundred-dollar minimum fee required under division (Y)(2)(a)	78310
of this section.	78311

In the case of a sewage sludge facility that treats sewage	78312
sludge in this state and transfers it out of this state to another	78313
entity for disposal, the sewage sludge facility in this state	78314
shall be required to pay the annual sludge fee for the tons of	78315
sewage sludge that have been transferred.	78316

(d) A sewage sludge facility that generates sewage sludge	78317
resulting from an average daily discharge flow of less than five	78318
thousand gallons per day is not subject to the fees assessed under	78319
division (Y) of this section.	78320

(3) No sewage sludge facility required to pay the annual	78321
sludge fee shall be required to pay more than the maximum annual	78322
fee for each disposal method that the sewage sludge facility uses.	78323
The maximum annual fee does not include the additional amount that	78324
may be charged under division (Y)(5) of this section for late	78325
payment of the annual sludge fee. The maximum annual fee for the	78326
following methods of disposal of sewage sludge is as follows:	78327

(a) Incineration: five thousand dollars;

78328

(b) Preexisting land reclamation project or disposal in a	78329
landfill: five thousand dollars;	78330

(c) Land application, land reclamation, surface disposal, or	78331
any other disposal method not specified in division (Y)(3)(a) or	78332
(b) of this section: twenty thousand dollars.	78333

(4)(a) In the case of an entity that generates sewage sludge	78334
or a sewage sludge facility that treats sewage sludge and	78335
transfers the sewage sludge to an incineration facility for	78336
disposal, the incineration facility, and not the entity generating	78337
the sewage sludge or the sewage sludge facility treating the	78338
sewage sludge, shall pay the annual sludge fee for the tons of	78339
sewage sludge that are transferred. However, the entity or	78340
facility generating or treating the sewage sludge shall pay the	78341
one-hundred-dollar minimum fee required under division (Y)(2)(a)	78342
of this section.	78343

(b) In the case of an entity that generates sewage sludge and	78344
transfers the sewage sludge to a landfill for disposal or to a	78345
sewage sludge facility for land reclamation or surface disposal,	78346
the entity generating the sewage sludge, and not the landfill or	78347
sewage sludge facility, shall pay the annual sludge fee for the	78348
tons of sewage sludge that are transferred.	78349

(5) Not later than the first day of April of the calendar	78350
year following March 17, 2000, and each first day of April	78351
thereafter, the director shall issue invoices to persons who are	78352
required to pay the annual sludge fee. The invoice shall identify	78353
the nature and amount of the annual sludge fee assessed and state	78354
the first day of May as the deadline for receipt by the director	78355
of objections regarding the amount of the fee and the first day of	78356
July as the deadline for payment of the fee.	78357

Not later than the first day of May following receipt of an	78358
invoice, a person required to pay the annual sludge fee may submit	78359
objections to the director concerning the accuracy of information	78360
regarding the number of dry tons of sewage sludge used to	78361
calculate the amount of the annual sludge fee or regarding whether	78362
the sewage sludge qualifies for the exceptional quality sludge	78363
discount established in division (Y)(2)(b) of this section. The	78364
director may consider the objections and adjust the amount of the	78365
fee to ensure that it is accurate.	78366

If the director does not adjust the amount of the annual	78367
sludge fee in response to a person's objections, the person may	78368
appeal the director's determination in accordance with Chapter	78369
119. of the Revised Code.	78370

Not later than the first day of June, the director shall	78371
notify the objecting person regarding whether the director has	78372
found the objections to be valid and the reasons for the finding.	78373
If the director finds the objections to be valid and adjusts the	78374
amount of the annual sludge fee accordingly, the director shall	78375
issue with the notification a new invoice to the person	78376
identifying the amount of the annual sludge fee assessed and	78377
stating the first day of July as the deadline for payment.	78378

Not later than the first day of July, any person who is	78379
required to do so shall pay the annual sludge fee. Any person who	78380
is required to pay the fee, but who fails to do so on or before	78381
that date shall pay an additional amount that equals ten per cent	78382
of the required annual sludge fee.	78383

(6) The director shall transmit all moneys collected under	78384
division (Y) of this section to the treasurer of state for deposit	78385
into the surface water protection fund created in section 6111.038	78386
of the Revised Code. The moneys shall be used to defray the costs	78387
of administering and enforcing provisions in Chapter 6111. of the	78388
Revised Code and rules adopted under it that govern the use,	78389
storage, treatment, or disposal of sewage sludge.	78390

(7) Beginning in fiscal year 2001, and every two years	78391
thereafter, the director shall review the total amount of moneys	78392
generated by the annual sludge fees to determine if that amount	78393
exceeded six hundred thousand dollars in either of the two	78394
preceding fiscal years. If the total amount of moneys in the fund	78395
exceeded six hundred thousand dollars in either fiscal year, the	78396
director, after review of the fee structure and consultation with	78397
affected persons, shall issue an order reducing the amount of the	78398
fees levied under division (Y) of this section so that the	78399
estimated amount of moneys resulting from the fees will not exceed	78400
six hundred thousand dollars in any fiscal year.	78401

If, upon review of the fees under division (Y)(7) of this	78402
section and after the fees have been reduced, the director	78403
determines that the total amount of moneys collected and	78404
accumulated is less than six hundred thousand dollars, the	78405
director, after review of the fee structure and consultation with	78406
affected persons, may issue an order increasing the amount of the	78407
fees levied under division (Y) of this section so that the	78408
estimated amount of moneys resulting from the fees will be	78409
approximately six hundred thousand dollars. Fees shall never be	78410
increased to an amount exceeding the amount specified in division	78411
(Y)(7) of this section.	78412

Notwithstanding section 119.06 of the Revised Code, the	78413
director may issue an order under division (Y)(7) of this section	78414
without the necessity to hold an adjudicatory hearing in	78415
connection with the order. The issuance of an order under this	78416
division is not an act or action for purposes of section 3745.04	78417
of the Revised Code.	78418

(8) As used in division (Y) of this section:

78419

(a) "Sewage sludge facility" means an entity that performs	78420
treatment on or is responsible for the disposal of sewage sludge.	78421

(b) "Sewage sludge" means a solid, semi-solid, or liquid	78422
residue generated during the treatment of domestic sewage in a	78423
treatment works as defined in section 6111.01 of the Revised Code.	78424
"Sewage sludge" includes, but is not limited to, scum or solids	78425
removed in primary, secondary, or advanced wastewater treatment	78426
processes. "Sewage sludge" does not include ash generated during	78427
the firing of sewage sludge in a sewage sludge incinerator, grit	78428
and screenings generated during preliminary treatment of domestic	78429
sewage in a treatment works, animal manure, residue generated	78430
during treatment of animal manure, or domestic septage.	78431

(c) "Exceptional quality sludge" means sewage sludge that	78432
meets all of the following qualifications:	78433

(i) Satisfies the class A pathogen standards in 40 C.F.R.	78434
503.32(a);	78435

(ii) Satisfies one of the vector attraction reduction	78436
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	78437

(iii) Does not exceed the ceiling concentration limitations	78438
for metals listed in table one of 40 C.F.R. 503.13;	78439

(iv) Does not exceed the concentration limitations for metals	78440
listed in table three of 40 C.F.R. 503.13.	78441

(d) "Treatment" means the preparation of sewage sludge for	78442
final use or disposal and includes, but is not limited to,	78443
thickening, stabilization, and dewatering of sewage sludge.	78444

(e) "Disposal" means the final use of sewage sludge,	78445
including, but not limited to, land application, land reclamation,	78446
surface disposal, or disposal in a landfill or an incinerator.	78447

(f) "Land application" means the spraying or spreading of	78448
sewage sludge onto the land surface, the injection of sewage	78449
sludge below the land surface, or the incorporation of sewage	78450
sludge into the soil for the purposes of conditioning the soil or	78451
fertilizing crops or vegetation grown in the soil.	78452

(g) "Land reclamation" means the returning of disturbed land	78453
to productive use.	78454

(h) "Surface disposal" means the placement of sludge on an	78455
area of land for disposal, including, but not limited to,	78456
monofills, surface impoundments, lagoons, waste piles, or	78457
dedicated disposal sites.	78458

(i) "Incinerator" means an entity that disposes of sewage	78459
sludge through the combustion of organic matter and inorganic	78460
matter in sewage sludge by high temperatures in an enclosed	78461
device.	78462

(j) "Incineration facility" includes all incinerators owned	78463
or operated by the same entity and located on a contiguous tract	78464
of land. Areas of land are considered to be contiguous even if	78465
they are separated by a public road or highway.	78466

(k) "Annual sludge fee" means the fee assessed under division	78467
(Y)(1) of this section.	78468

(l) "Landfill" means a sanitary landfill facility, as defined	78469
in rules adopted under section 3734.02 of the Revised Code, that	78470
is licensed under section 3734.05 of the Revised Code.	78471

(m) "Preexisting land reclamation project" means a	78472
property-specific land reclamation project that has been in	78473
continuous operation for not less than five years pursuant to	78474
approval of the activity by the director and includes the	78475
implementation of a community outreach program concerning the	78476
activity.	78477

Sec. 3745.113. (A) A person that applies for a state isolated	78478
wetland permit under Chapter 6111. of the Revised Code and rules	78479
adopted under it shall pay an application fee of two hundred	78480
dollars at the time of application.	78481

In addition, that person shall pay, at the time of	78482
application, a review fee of five hundred dollars per acre of the	78483
wetlands to be impacted.	78484

However, the review fee shall not exceed five thousand	78485
dollars per application. In addition, if an application is denied,	78486
the director of environmental protection shall refund to the	78487
applicant one-half of the amount of the review fee paid by the	78488
applicant under division (A) of this section.	78489

(B) If a person conducts any activities for which an	78490
individual state isolated wetland permit is required under Chapter	78491
6111. of the Revised Code and rules adopted under it without first	78492
obtaining such a permit, the person shall pay twice the amount of	78493
the application and review fees that the person otherwise would	78494
have been required to pay under division (A) of this section, not	78495
to exceed ten thousand dollars.	78496

(C) All moneys collected under this section shall be	78497
deposited in the state treasury to the credit of the ~~dredge and~~	78498
~~fill~~surface water protection fund created in section ~~6111.029~~	78499
6111.038 of the Revised Code.	78500

(D) Fees established under this section shall not apply to	78501
any agency or department of the state or to any county, township,	78502
or municipal corporation in this state.	78503

Sec. 3745.72. (A) The owner or operator of a facility or	78504
property who conducts an environmental audit of the facility or	78505
property and promptly and voluntarily discloses information	78506
contained in or derived from an audit report that is based on the	78507
audit and concerns an alleged violation of environmental laws to	78508
the director of the state agency that has jurisdiction over the	78509
alleged violation is immune from any administrative and civil	78510
penalties for the specific violation disclosed, except that where	78511
the disclosed violation has resulted in significant economic	78512
benefit to the owner or operator of the facility or property,	78513
there is no immunity for the economic benefit component of the	78514
administrative and civil penalties for that violation. An owner or	78515
operator asserting entitlement to such immunity has the burden of	78516
proving that entitlement by a preponderance of the evidence.	78517

(B) For the purposes of this section, a disclosure of	78518
information is voluntary with respect to an alleged violation of	78519
environmental laws only if all of the following apply:	78520

(1) The disclosure is made promptly after the information is	78521
obtained through the environmental audit by the owner or operator	78522
who conducts the environmental audit.	78523

(2) A reasonable, good faith effort is made to achieve	78524
compliance as quickly as practicable with environmental laws	78525
applicable to the information disclosed.	78526

(3) Compliance with environmental laws applicable to the	78527
information disclosed is achieved as quickly as practicable or	78528
within such period as is reasonably ordered by the director of the	78529
state agency that has jurisdiction over the alleged violation.	78530

(4) The owner or operator cooperates with the director of the	78531
state agency that has jurisdiction over the alleged violation in	78532
investigating the cause, nature, extent, and effects of the	78533
noncompliance.	78534

(5) The disclosure is not required by law, prior litigation,	78535
or an order by a court or a government agency.	78536

(6) The owner or operator who makes the disclosure does not	78537
know or have reason to know that a government agency charged with	78538
enforcing environmental laws has commenced an investigation or	78539
enforcement action that concerns a violation of such laws	78540
involving the activity.	78541

(C) For the purposes of this section, a disclosure shall be	78542
in writing, dated, and hand delivered or sent by certified mail to	78543
the director of the state agency that has jurisdiction over the	78544
alleged violation, and shall contain all of the following in a	78545
printed letter attached to the front of the disclosure:	78546

(1) The name, address, and telephone number of the owner or	78547
operator making the disclosure;	78548

(2) The name, title, address, and telephone number of one or	78549
more persons associated with the owner or operator who may be	78550
contacted regarding the disclosure;	78551

(3) A brief summary of the alleged violation of environmental	78552
laws, including, without limitation, the nature, date, and	78553
location of the alleged violation to the extent that the	78554
information is known by the owner or operator;	78555

(4) A statement that the information is part of an	78556
environmental audit report and is being disclosed under section	78557
3745.72 of the Revised Code in order to obtain the immunity	78558
provided by that section.	78559

(D) This section does not provide immunity from the payment	78560
of damages for harm to persons, property, or the environment; the	78561
payment of reasonable costs incurred by a government agency in	78562
responding to a disclosure; or responsibility for the remediation	78563
or cleanup of environmental harm under environmental laws.	78564

(E) The immunity provided by this section does not apply	78565
under any of the following circumstances:	78566

(1) Within the three-year period prior to disclosure, the	78567
owner or operator of a facility or property has committed	78568
significant violations that constitute a pattern of continuous or	78569
repeated violations of environmental laws, environmental related	78570
settlement agreements, or environmental related judicial orders	78571
and that arose from separate and distinct events. For the purposes	78572
of division (E)(1) of this section, a pattern of continuous or	78573
repeated violations also may be demonstrated by multiple	78574
settlement agreements related to substantially the same alleged	78575
significant violations that occurred within the three-year period	78576
immediately prior to the voluntary disclosure. Determination of	78577
whether a person has a pattern of continuous or repeated	78578
violations under division (E)(1) of this section shall be based on	78579
the compliance history of the property or specific facility at	78580
issue.	78581

(2) With respect to a specific violation, the violation	78582
resulted in serious harm or in imminent and substantial	78583
endangerment to human health or the environment.	78584

(3) With respect to a specific violation, the violation is of	78585
a specific requirement of an administrative or judicial order.	78586

(F) The immunity provided by this section applies only to	78587
disclosures made concerning environmental audits initiated after	78588
March 13, 1997, ~~and completed before January 1, 2014,~~ in	78589
accordance with the time frames specified in division (A) of	78590
section 3745.70 of the Revised Code.	78591

(G) The immunity provided by this section applies to a person	78592
who makes a good faith disclosure to a state agency under this	78593
section even though another state agency is determined to have	78594
jurisdiction over an alleged violation of environmental laws	78595
indicated in the disclosure.	78596

(H) Each state agency that receives a disclosure under this	78597
section promptly shall record receipt of the disclosure, determine	78598
whether it has jurisdiction over the alleged violation of	78599
environmental laws indicated in the disclosure, and, if it does	78600
not have such jurisdiction, deliver the disclosure documents to	78601
the director of a state agency that has jurisdiction over the	78602
alleged violation. If a disclosure indicates alleged violations of	78603
environmental laws that are under the jurisdiction of more than	78604
one state agency, the state agency that first receives the	78605
disclosure and has jurisdiction over any of the alleged violations	78606
promptly shall notify the director of each state agency that has	78607
jurisdiction over any of such alleged violations. The director of	78608
each state agency that receives a disclosure under this section,	78609
or is notified by another state agency that the director's agency	78610
has jurisdiction over an alleged violation of environmental laws	78611
indicated in the disclosure, promptly shall deliver written notice	78612
of that fact by certified mail to the owner or operator who made	78613
the disclosure. The notice shall identify the state agency that	78614
sends the notice; state the name, title, address, and telephone	78615
number of a person in the agency whom the owner or operator may	78616
contact regarding the disclosure; and state the name, address, and	78617
telephone number of the director of any other state agency	78618
notified about the disclosure because that agency has jurisdiction	78619
over an alleged violation of environmental laws indicated in the	78620
disclosure.	78621

Sec. 3748.01. As used in this chapter:

78622

(A) "Byproduct material" means either of the following:

78623

(1) Any radioactive material, except special nuclear	78624
material, yielded in or made radioactive by exposure to radiation	78625
incident to the process of producing or utilizing special nuclear	78626
material;	78627

(2) The tailings or wastes produced by the extraction or	78628
concentration of uranium or thorium from any ore processed	78629
primarily for its source material content.	78630

(B) "Certified radiation expert" means an individual who has	78631
complied with all of the following:	78632

(1) Applied to the director of health for certification as a	78633
radiation expert under section 3748.12 of the Revised Code;	78634

(2) Met minimum education and experience requirements	78635
established in rules adopted under division (C) of section 3748.04	78636
of the Revised Code;	78637

(3) Been granted a certificate as a radiation expert by the	78638
director under section 3748.12 of the Revised Code.	78639

(C) "Closure" or "site closure" refers to a facility for the	78640
disposal of low-level radioactive waste or a byproduct material	78641
site, as "byproduct material" is defined in division (A)(2) of	78642
this section, and means all activities performed at a licensed	78643
operation, such as stabilization and contouring, to ensure that	78644
the site where the operation occurred is in a stable condition so	78645
that only minor custodial care, surveillance, and monitoring are	78646
necessary at the site following the termination of the licensed	78647
operation.	78648

(D) "Decommissioning" means to safely remove any licensed	78649
operation from service and reduce residual radioactivity to a	78650
level that permits release of the licensee's property for	78651
unrestricted use. With regard to a facility for the disposal of	78652
low-level radioactive waste or a byproduct material site, as	78653
"byproduct material" is defined in division (A)(2) of this	78654
section, "decommissioning" does not include the reduction of	78655
residual radioactivity to a level that permits release of the	78656
facility for unrestricted use.	78657

(E) "Director of health" includes a designee or authorized	78658
representative of the director.	78659

(F) "Disposal," with regard to low-level radioactive waste,	78660
means the permanent isolation of that waste in accordance with	78661
requirements established by the United States nuclear regulatory	78662
commission or the licensing agreement state.	78663

(G) "Disposal site" means that portion of a facility that is	78664
used for the disposal of low-level radioactive waste and that	78665
consists of disposal units and a buffer zone. "Disposal unit"	78666
means a discrete portion of such a facility into which low-level	78667
radioactive waste is placed for disposal.	78668

(H)(1) Except as provided in division (H)(2) of this section,	78669
"facility" means the state, any political subdivision, person,	78670
public or private institution, or group, or any unit of one of	78671
those entities, but does not include the federal government or any	78672
of its agencies.	78673

(2) For the purposes of the disposal of low-level radioactive	78674
waste, "facility" has the same meaning as in section 3747.01 of	78675
the Revised Code.	78676

(I) "Handle" means receive, possess, use, store, transfer,	78677
install, service, or dispose of sources of radiation unless	78678
possession is solely for the purpose of transportation.	78679

(J) "Handler" means a facility that handles sources of	78680
radiation unless possession is solely for the purpose of	78681
transportation.	78682

(K) "Inspection" means an official review, examination, or	78683
observation, including, without limitation, tests, surveys, and	78684
monitoring, that is used to determine compliance with rules,	78685
orders, requirements, and conditions of the department of health	78686
and that is conducted by the director of health.	78687

(L) "Low-level radioactive waste" has the same meaning as in	78688
section 3747.01 of the Revised Code with regard to the disposal of	78689
low-level radioactive waste. In regard to regulatory control at	78690
locations other than a disposal facility, "low-level radioactive	78691
waste" has the same meaning as in 42 U.S.C.A. 2021b.	78692

(M) "Quality assurance program" means a program providing for	78693
verification by written procedures such as testing, auditing, and	78694
inspection to ensure that deficiencies, deviations, defective	78695
equipment, or unsafe practices, or a combination thereof, relating	78696
to the use, disposal, management, or manufacture of radiation	78697
sources are identified, promptly corrected, and reported to the	78698
appropriate regulatory authorities.	78699

(N) "Radiation" means ionizing and nonionizing radiation.

78700

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	78701
and beta particles, high-speed electrons, neutrons, protons, and	78702
other nuclear particles, but does not include sound or radio waves	78703
or visible, infrared, or ultraviolet light.	78704

(2) "Nonionizing radiation" means any electromagnetic	78705
radiation, other than ionizing electromagnetic radiation, or any	78706
sonic, ultrasonic, or infrasonic wave.	78707

(O) "Radioactive material" means any solid, liquid, or	78708
gaseous material that emits ionizing radiation spontaneously.	78709
"Radioactive material" includes accelerator-produced and naturally	78710
occurring materials and byproduct, source, and special nuclear	78711
material.	78712

(P) "Radiation-generating equipment" means any manufactured	78713
product or device, or component of such a product or device, or	78714
any machine or system that during operation can generate or emit	78715
radiation, except those that emit radiation only from radioactive	78716
material. "Radiation-generating equipment" does not include either	78717
of the following:	78718

(1) Diathermy machines;

78719

(2) Microwave ovens, including food service microwave ovens	78720
used for commercial and industrial uses, television receivers,	78721
electric lamps, and other household appliances and products that	78722
generate very low levels of radiation.	78723

(Q) "Source material" means uranium, thorium, or any	78724
combination thereof in any physical or chemical form, or any ores	78725
that contain by weight at least one-twentieth of one per cent of	78726
uranium, thorium, or any combination thereof. "Source material"	78727
does not include special nuclear material.	78728

(R) "Source of radiation" means radioactive material or	78729
radiation-generating equipment.	78730

(S) "Special nuclear material" means either of the following:

78731

(1) Plutonium, uranium 233, uranium enriched in the isotope	78732
233 or in the isotope 235, and any other material that the United	78733
States nuclear regulatory commission determines to be special	78734
nuclear material, but does not include source material pursuant to	78735
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	78736
U.S.C.A. 2071."	78737

(2) Except for any source material, any material artificially	78738
enriched by any of the materials identified in division (S)(1) of	78739
this section.	78740

(T) "Storage" means the retention of radioactive materials,	78741
including low-level radioactive waste, prior to disposal in a	78742
manner that allows for surveillance, control, and subsequent	78743
retrieval.	78744

(U) "Medical practitioner" means a person who is authorized	78745
pursuant to Chapter 4715. of the Revised Code to practice	78746
dentistry; pursuant to Chapter 4731. of the Revised Code to	78747
practice medicine and surgery, osteopathic medicine and surgery,	78748
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	78749
the Revised Code to practice chiropractic.	78750

(V) "Medical-practitioner group" means a corporation,	78751
partnership, or other business entity, other than a hospital as	78752
defined in section 3727.01 of the Revised Code, consisting of	78753
medical practitioners.	78754

(W) "Naturally occurring radioactive material" means material	78755
that contains any nuclide that is radioactive in its natural	78756
physical state. "Naturally occurring radioactive material" does	78757
not include source material, byproduct material, or special	78758
nuclear material.	78759

(X) "Technologically enhanced naturally occurring radioactive	78760
material" means naturally occurring radioactive material with	78761
radionuclide concentrations that are increased by or as a result	78762
of past or present human activities. "Technologically enhanced	78763
naturally occurring radioactive material" does not include drill	78764
cuttings, natural background radiation, byproduct material, or	78765
source material.	78766

(Y) "Drill cuttings" means the soil, rock fragments, and	78767
pulverized material that are removed from a borehole and that may	78768
include a de minimus amount of fluid that results from a drilling	78769
process.	78770

Sec. 3748.04. The director of health, in accordance with	78771
Chapter 119. of the Revised Code, shall adopt and may amend or	78772
rescind rules doing all of the following:	78773

(A) Listing types of radioactive material for which licensure	78774
by its handler is required and types of radiation-generating	78775
equipment for which registration by its handler is required, and	78776
establishing requirements governing them. Rules adopted under	78777
division (A) of this section shall be compatible with applicable	78778
federal regulations and shall establish all of the following,	78779
without limitation:	78780

(1) Requirements governing both of the following:

78781

(a) The licensing and inspection of handlers of radioactive	78782
material. Standards established in rules adopted under division	78783
(A)(1)(a) of this section regarding byproduct material or any	78784
activity that results in the production of that material, to the	78785
extent practicable, shall be equivalent to or more stringent than	78786
applicable standards established by the United States nuclear	78787
regulatory commission.	78788

(b) The registration and inspection of handlers of	78789
radiation-generating equipment. Standards established in rules	78790
adopted under division (A)(1)(b) of this section, to the extent	78791
practicable, shall be equivalent to applicable standards	78792
established by the food and drug administration in the United	78793
States department of health and human services.	78794

(2) Identification of and requirements governing possession	78795
and use of specifically licensed and generally licensed quantities	78796
of radioactive material as either sealed sources or unsealed	78797
sources;	78798

(3) A procedure for the issuance of and the frequency of	78799
renewal of the licenses of handlers of radioactive material, other	78800
than a license for a facility for the disposal of low-level	78801
radioactive waste, and of the certificates of registration of	78802
handlers of radiation-generating equipment;	78803

(4) Procedures for suspending and revoking the licenses of	78804
handlers of radioactive material and the certificates of	78805
registration of handlers of radiation-generating equipment;	78806

(5) Criteria to be used by the director of health in amending	78807
the license of a handler of radioactive material or the	78808
certificate of registration of a handler of radiation-generating	78809
equipment subsequent to its issuance;	78810

(6) Criteria for achieving and maintaining compliance with	78811
this chapter and rules adopted under it by licensees and	78812
registrants;	78813

(7) Criteria governing environmental monitoring of licensed	78814
and registered activities to assess compliance with this chapter	78815
and rules adopted under it;	78816

(8) Fees for both of the following:

78817

(a) The licensing of handlers, other than facilities for the	78818
disposal of low-level radioactive waste, of radioactive material;	78819

(b) The registration of handlers, other than facilities that	78820
are, or are operated by, medical practitioners or	78821
medical-practitioner groups, of radiation-generating equipment.	78822

(9) A fee schedule for both of the following that includes	78823
fees for reviews, conducted during an inspection, of shielding	78824
plans or the adequacy of shielding:	78825

(a) The inspection of handlers of radioactive material;

78826

(b) The inspection of handlers, other than facilities that	78827
are, or are operated by, medical practitioners or	78828
medical-practitioner groups, of radiation-generating equipment.	78829

(B)(1) Identifying sources of radiation, circumstances of	78830
possession, use, or disposal of sources of radiation, and levels	78831
of radiation that constitute an unreasonable or unnecessary risk	78832
to human health or the environment;	78833

(2) Establishing requirements for the achievement and	78834
maintenance of compliance with standards for the receipt,	78835
possession, use, storage, installation, transfer, servicing, and	78836
disposal of sources of radiation to prevent levels of radiation	78837
that constitute an unreasonable or unnecessary risk to human	78838
health or the environment;	78839

(3) Requiring the maintenance of records on the receipt, use,	78840
storage, transfer, and disposal of radioactive material, including	78841
technologically enhanced naturally occurring radioactive material,	78842
and on the radiological safety aspects of the use and maintenance	78843
of radiation-generating equipment. The rules adopted under	78844
division (B)(3) of this section shall not require maintenance of	78845
records regarding naturally occurring radioactive material.	78846

In adopting rules under divisions (A) and (B) of this	78847
section, the director shall use standards no less stringent than	78848
the "suggested state regulations for control of radiation"	78849
prepared by the conference of radiation control program directors,	78850
inc., and regulations adopted by the United States nuclear	78851
regulatory commission, the United States environmental protection	78852
agency, and the United States department of health and human	78853
services and shall consider reports of the national council on	78854
radiation protection and measurement and the relevant standards of	78855
the American national standards institute.	78856

(C) Establishing fees, procedures, and requirements for	78857
certification as a radiation expert, including all of the	78858
following, without limitation:	78859

(1) Minimum training and experience requirements;

78860

(2) Procedures for applying for certification;

78861

(3) Procedures for review of applications and issuance of	78862
certificates;	78863

(4) Procedures for suspending and revoking certification.

78864

(D) Establishing a schedule for inspection of sources of	78865
radiation and their shielding and surroundings;	78866

(E) Establishing the responsibilities of a radiation expert;

78867

(F) Establishing criteria for quality assurance programs for	78868
licensees of radioactive material and registrants of	78869
radiation-generating equipment;	78870

(G) Establishing fees to be paid by any facility that, on	78871
September 8, 1995, holds a license from the United States nuclear	78872
regulatory commission in order to provide moneys necessary for the	78873
transfer of licensing and other regulatory authority from the	78874
commission to the state pursuant to section 3748.03 of the Revised	78875
Code. Rules adopted under this division shall stipulate that fees	78876
so established do not apply to any functions dealing specifically	78877
with a facility for the disposal of low-level radioactive waste.	78878
Fees collected under this division shall be deposited into the	78879
state treasury to the credit of the general operations fund	78880
created in section 3701.83 of the Revised Code. The fees shall be	78881
used solely to administer and enforce this chapter and rules	78882
adopted under it.	78883

(H) Establishing fees to be collected annually from	78884
generators of low-level radioactive waste, which shall be based	78885
upon the volume and radioactivity of the waste generated and the	78886
costs of administering low-level radioactive waste management	78887
activities under this chapter and rules adopted under it. All fees	78888
collected under this division shall be deposited into the state	78889
treasury to the credit of the general operations fund created in	78890
section 3701.83 of the Revised Code. The fees shall be used solely	78891
to administer and enforce this chapter and rules adopted under it.	78892
Any fee required under this division that remains unpaid on the	78893
ninety-first day after the original invoice date shall be assessed	78894
an additional amount equal to ten per cent of the original fee.	78895

(I) Establishing requirements governing closure,	78896
decontamination, decommissioning, reclamation, and long-term	78897
surveillance and care of a facility licensed under this chapter	78898
and rules adopted under it. Rules adopted under division (I) of	78899
this section shall include, without limitation, all of the	78900
following:	78901

(1) Standards and procedures to ensure that a licensee	78902
prepares a decommissioning funding plan that provides an adequate	78903
financial guaranty to permit the completion of all requirements	78904
governing the closure, decontamination, decommissioning, and	78905
reclamation of sites, structures, and equipment used in	78906
conjunction with a licensed activity;	78907

(2) For licensed activities where radioactive material that	78908
will require surveillance or care is likely to remain at the site	78909
after the licensed activities cease, as indicated in the	78910
application for the license submitted under section 3748.07 of the	78911
Revised Code, standards and procedures to ensure that the licensee	78912
prepares an additional decommissioning funding plan for long-term	78913
surveillance and care, before termination of the license, that	78914
provides an additional adequate financial guaranty as necessary to	78915
provide for that surveillance and care;	78916

(3) For the purposes of the decommissioning funding plans	78917
required in rules adopted under divisions (I)(1) and (2) of this	78918
section, the types of acceptable financial guaranties, which shall	78919
include bonds issued by fidelity or surety companies authorized to	78920
do business in the state, certificates of deposit, deposits of	78921
government securities, irrevocable letters or lines of credit,	78922
trust funds, escrow accounts, or other similar types of	78923
arrangements, but shall not include any arrangement that	78924
constitutes self-insurance;	78925

(4) A requirement that the decommissioning funding plans	78926
required in rules adopted under divisions (I)(1) and (2) of this	78927
section contain financial guaranties in amounts sufficient to	78928
ensure compliance with any standards established by the United	78929
States nuclear regulatory commission, or by the state if it has	78930
become an agreement state pursuant to section 3748.03 of the	78931
Revised Code, pertaining to closure, decontamination,	78932
decommissioning, reclamation, and long-term surveillance and care	78933
of licensed activities and sites of licensees.	78934

Standards established in rules adopted under division (I) of	78935
this section regarding any activity that resulted in the	78936
production of byproduct material, as defined in division (A)(2) of	78937
section 3748.01 of the Revised Code, to the extent practicable,	78938
shall be equivalent to or more stringent than standards	78939
established by the United States nuclear regulatory commission for	78940
sites at which ores were processed primarily for their source	78941
material content and at which byproduct material, as defined in	78942
division (A)(2) of section 3748.01 of the Revised Code, is	78943
deposited.	78944

(J) Establishing criteria governing inspections of a facility	78945
for the disposal of low-level radioactive waste, including,	78946
without limitation, the establishment of a resident inspector	78947
program at such a facility;	78948

(K) Establishing requirements and procedures governing the	78949
filing of complaints under section 3748.16 of the Revised Code,	78950
including, without limitation, those governing intervention in a	78951
hearing held under division (B)(3) of that section;	78952

(L) Establishing requirements governing technologically	78953
enhanced naturally occurring radioactive material. Rules adopted	78954
under this division shall not apply to naturally occurring	78955
radioactive material.	78956

Sec. 3769.08. (A) Any person holding a permit to conduct a	78957
horse-racing meeting may provide a place in the race meeting	78958
grounds or enclosure at which the permit holder may conduct and	78959
supervise the pari-mutuel system of wagering by patrons of legal	78960
age on the live racing programs and simulcast racing programs	78961
conducted by the permit holder.	78962

The pari-mutuel method of wagering upon the live racing	78963
programs and simulcast racing programs held at or conducted within	78964
such race track, and at the time of such horse-racing meeting, or	78965
at other times authorized by the state racing commission, shall	78966
not be unlawful. No other place, except that provided and	78967
designated by the permit holder and except as provided in section	78968
3769.26 of the Revised Code, nor any other method or system of	78969
betting or wagering on live racing programs and simulcast racing	78970
programs, except the pari-mutuel system, shall be used or	78971
permitted by the permit holder; nor, except as provided in section	78972
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	78973
system of wagering be conducted by the permit holder on any races	78974
except the races at the race track, grounds, or enclosure for	78975
which the person holds a permit. Each permit holder may retain as	78976
a commission an amount not to exceed eighteen per cent of the	78977
total of all moneys wagered on live racing programs and simulcast	78978
racing programs.	78979

The pari-mutuel wagering authorized by this section is	78980
subject to sections 3769.25 to 3769.28 of the Revised Code.	78981

(B) At the close of each racing day, each permit holder	78982
authorized to conduct thoroughbred racing, out of the amount	78983
retained on that day by the permit holder, shall pay by check,	78984
draft, or money order to the tax commissioner, as a tax, a sum	78985
equal to the following percentages of the total of all moneys	78986
wagered on live racing programs on that day and shall separately	78987
compute and pay by check, draft, or money order to the tax	78988
commissioner, as a tax, a sum equal to the following percentages	78989
of the total of all money wagered on simulcast racing programs on	78990
that day:	78991

(1) One per cent of the first two hundred thousand dollars	78992
wagered, or any part of that amount;	78993

(2) Two per cent of the next one hundred thousand dollars	78994
wagered, or any part of that amount;	78995

(3) Three per cent of the next one hundred thousand dollars	78996
wagered, or any part of that amount;	78997

(4) Four per cent of all sums over four hundred thousand	78998
dollars wagered.	78999

Except as otherwise provided in section 3769.089 of the	79000
Revised Code, each permit holder authorized to conduct	79001
thoroughbred racing shall use for purse money a sum equal to fifty	79002
per cent of the pari-mutuel revenues retained by the permit holder	79003
as a commission after payment of the state tax. This fifty per	79004
cent payment shall be in addition to the purse distribution from	79005
breakage specified in this section.	79006

Subject to division (M) of this section, from the moneys paid	79007
to the tax commissioner by thoroughbred racing permit holders,	79008
one-half of one per cent of the total of all moneys so wagered on	79009
a racing day shall be paid into the Ohio fairs fund created by	79010
section 3769.082 of the Revised Code, one and one-eighth per cent	79011
of the total of all moneys so wagered on a racing day shall be	79012
paid into the Ohio thoroughbred race fund created by section	79013
3769.083 of the Revised Code, and one-quarter of one per cent of	79014
the total of all moneys wagered on a racing day by each permit	79015
holder shall be paid into the state racing commission operating	79016
fund created by section 3769.03 of the Revised Code. The required	79017
payment to the state racing commission operating fund does not	79018
apply to county and independent fairs and agricultural societies.	79019
The remaining moneys may be retained by the permit holder, except	79020
as provided in this section with respect to the odd cents	79021
redistribution. Amounts paid into the nursing home franchise	79022
permit fee fund pursuant to this section and section 3769.26 of	79023
the Revised Code shall be used solely for the support of the	79024
PASSPORT program as determined in appropriations made by the	79025
general assembly. If the PASSPORT program is abolished, the amount	79026
that would have been paid to the nursing home franchise permit fee	79027
fund under this chapter shall be paid to the general revenue fund	79028
of the state. As used in this chapter, "PASSPORT program" ~~means~~	79029
~~the PASSPORT program created under~~has the same meaning as in	79030
section ~~173.40~~173.51 of the Revised Code.	79031

The total amount paid to the Ohio thoroughbred race fund	79032
under this section and division (A) of section 3769.087 of the	79033
Revised Code shall not exceed by more than six per cent the total	79034
amount paid to this fund under this section and division (A) of	79035
that section during the immediately preceding calendar year.	79036

Each year, the total amount calculated for payment into the	79037
Ohio fairs fund under this division, division (C) of this section,	79038
and division (A) of section 3769.087 of the Revised Code shall be	79039
an amount calculated using the percentages specified in this	79040
division, division (C) of this section, and division (A) of	79041
section 3769.087 of the Revised Code.	79042

A permit holder may contract with a thoroughbred horsemen's	79043
organization for the organization to act as a representative of	79044
all thoroughbred owners and trainers participating in a	79045
horse-racing meeting conducted by the permit holder. A	79046
"thoroughbred horsemen's organization" is any corporation or	79047
association that represents, through membership or otherwise, more	79048
than one-half of the aggregate of all thoroughbred owners and	79049
trainers who were licensed and actively participated in racing	79050
within this state during the preceding calendar year. Except as	79051
otherwise provided in this paragraph, any moneys received by a	79052
thoroughbred horsemen's organization shall be used exclusively for	79053
the benefit of thoroughbred owners and trainers racing in this	79054
state through the administrative purposes of the organization,	79055
benevolent activities on behalf of the horsemen, promotion of the	79056
horsemen's rights and interests, and promotion of equine research.	79057
A thoroughbred horsemen's organization may expend not more than an	79058
aggregate of five per cent of its annual gross receipts, or a	79059
larger amount as approved by the organization, for dues,	79060
assessments, and other payments to all other local, national, or	79061
international organizations having as their primary purposes the	79062
promotion of thoroughbred horse racing, thoroughbred horsemen's	79063
rights, and equine research.	79064

(C) Except as otherwise provided in division (B) of this	79065
section, at the close of each racing day, each permit holder	79066
authorized to conduct harness or quarter horse racing, out of the	79067
amount retained that day by the permit holder, shall pay by check,	79068
draft, or money order to the tax commissioner, as a tax, a sum	79069
equal to the following percentages of the total of all moneys	79070
wagered on live racing programs and shall separately compute and	79071
pay by check, draft, or money order to the tax commissioner, as a	79072
tax, a sum equal to the following percentages of the total of all	79073
money wagered on simulcast racing programs on that day:	79074

(1) One per cent of the first two hundred thousand dollars	79075
wagered, or any part of that amount;	79076

(2) Two per cent of the next one hundred thousand dollars	79077
wagered, or any part of that amount;	79078

(3) Three per cent of the next one hundred thousand dollars	79079
wagered, or any part of that amount;	79080

(4) Four per cent of all sums over four hundred thousand	79081
dollars wagered.	79082

Except as otherwise provided in division (B) and subject to	79083
division (M) of this section, from the moneys paid to the tax	79084
commissioner by permit holders authorized to conduct harness or	79085
quarter horse racing, one-half of one per cent of all moneys	79086
wagered on that racing day shall be paid into the Ohio fairs fund;	79087
from the moneys paid to the tax commissioner by permit holders	79088
authorized to conduct harness racing, five-eighths of one per cent	79089
of all moneys wagered on that racing day shall be paid into the	79090
Ohio standardbred development fund; and from the moneys paid to	79091
the tax commissioner by permit holders authorized to conduct	79092
quarter horse racing, five-eighths of one per cent of all moneys	79093
wagered on that racing day shall be paid into the Ohio quarter	79094
horse development fund.	79095

(D) In addition, subject to division (M) of this section,	79096
beginning on January 1, 1996, from the money paid to the tax	79097
commissioner as a tax under this section and division (A) of	79098
section 3769.087 of the Revised Code by harness horse permit	79099
holders, one-half of one per cent of the amount wagered on a	79100
racing day shall be paid into the Ohio standardbred development	79101
fund. Beginning January 1, 1998, the payment to the Ohio	79102
standardbred development fund required under this division does	79103
not apply to county agricultural societies or independent	79104
agricultural societies.	79105

The total amount paid to the Ohio standardbred development	79106
fund under this division, division (C) of this section, and	79107
division (A) of section 3769.087 of the Revised Code and the total	79108
amount paid to the Ohio quarter horse development fund under this	79109
division and division (A) of that section shall not exceed by more	79110
than six per cent the total amount paid into the fund under this	79111
division, division (C) of this section, and division (A) of	79112
section 3769.087 of the Revised Code in the immediately preceding	79113
calendar year.	79114

(E) Subject to division (M) of this section, from the money	79115
paid as a tax under this chapter by harness and quarter horse	79116
permit holders, one-quarter of one per cent of the total of all	79117
moneys wagered on a racing day by each permit holder shall be paid	79118
into the state racing commission operating fund created by section	79119
3769.03 of the Revised Code. This division does not apply to	79120
county and independent fairs and agricultural societies.	79121

(F) Except as otherwise provided in section 3769.089 of the	79122
Revised Code, each permit holder authorized to conduct harness	79123
racing shall pay to the harness horsemen's purse pool a sum equal	79124
to fifty per cent of the pari-mutuel revenues retained by the	79125
permit holder as a commission after payment of the state tax. This	79126
fifty per cent payment is to be in addition to the purse	79127
distribution from breakage specified in this section.	79128

(G) In addition, each permit holder authorized to conduct	79129
harness racing shall be allowed to retain the odd cents of all	79130
redistribution to be made on all mutual contributions exceeding a	79131
sum equal to the next lowest multiple of ten.	79132

Forty per cent of that portion of that total sum of such odd	79133
cents shall be used by the permit holder for purse money for Ohio	79134
sired, bred, and owned colts, for purse money for Ohio bred	79135
horses, and for increased purse money for horse races. Upon the	79136
formation of the corporation described in section 3769.21 of the	79137
Revised Code to establish a harness horsemen's health and	79138
retirement fund, twenty-five per cent of that portion of that	79139
total sum of odd cents shall be paid at the close of each racing	79140
day by the permit holder to that corporation to establish and fund	79141
the health and retirement fund. Until that corporation is formed,	79142
that twenty-five per cent shall be paid at the close of each	79143
racing day by the permit holder to the tax commissioner or the tax	79144
commissioner's agent in the county seat of the county in which the	79145
permit holder operates race meetings. The remaining thirty-five	79146
per cent of that portion of that total sum of odd cents shall be	79147
retained by the permit holder.	79148

(H) In addition, each permit holder authorized to conduct	79149
thoroughbred racing shall be allowed to retain the odd cents of	79150
all redistribution to be made on all mutuel contributions	79151
exceeding a sum equal to the next lowest multiple of ten. Twenty	79152
per cent of that portion of that total sum of such odd cents shall	79153
be used by the permit holder for increased purse money for horse	79154
races. Upon the formation of the corporation described in section	79155
3769.21 of the Revised Code to establish a thoroughbred horsemen's	79156
health and retirement fund, forty-five per cent of that portion of	79157
that total sum of odd cents shall be paid at the close of each	79158
racing day by the permit holder to that corporation to establish	79159
and fund the health and retirement fund. Until that corporation is	79160
formed, that forty-five per cent shall be paid by the permit	79161
holder to the tax commissioner or the tax commissioner's agent in	79162
the county seat of the county in which the permit holder operates	79163
race meetings, at the close of each racing day. The remaining	79164
thirty-five per cent of that portion of that total sum of odd	79165
cents shall be retained by the permit holder.	79166

(I) In addition, each permit holder authorized to conduct	79167
quarter horse racing shall be allowed to retain the odd cents of	79168
all redistribution to be made on all mutuel contributions	79169
exceeding a sum equal to the next lowest multiple of ten, subject	79170
to a tax of twenty-five per cent on that portion of the total sum	79171
of such odd cents that is in excess of two thousand dollars during	79172
a calendar year, which tax shall be paid at the close of each	79173
racing day by the permit holder to the tax commissioner or the tax	79174
commissioner's agent in the county seat of the county within which	79175
the permit holder operates race meetings. Forty per cent of that	79176
portion of that total sum of such odd cents shall be used by the	79177
permit holder for increased purse money for horse races. The	79178
remaining thirty-five per cent of that portion of that total sum	79179
of odd cents shall be retained by the permit holder.	79180

(J)(1) To encourage the improvement of racing facilities for	79181
the benefit of the public, breeders, and horse owners, and to	79182
increase the revenue to the state from the increase in pari-mutuel	79183
wagering resulting from those improvements, the taxes paid by a	79184
permit holder to the state as provided for in this chapter shall	79185
be reduced by three-fourths of one per cent of the total amount	79186
wagered for those permit holders who make capital improvements to	79187
existing race tracks or construct new race tracks. The percentage	79188
of the reduction that may be taken each racing day shall equal	79189
seventy-five per cent of the taxes levied under divisions (B) and	79190
(C) of this section and section 3769.087 of the Revised Code, and	79191
division (F)(2) of section 3769.26 of the Revised Code, as	79192
applicable, divided by the calculated amount each fund should	79193
receive under divisions (B) and (C) of this section and section	79194
3769.087 of the Revised Code, and division (F)(2) of section	79195
3769.26 of the Revised Code and the reduction provided for in this	79196
division. If the resulting percentage is less than one, that	79197
percentage shall be multiplied by the amount of the reduction	79198
provided for in this division. Otherwise, the permit holder shall	79199
receive the full reduction provided for in this division. The	79200
amount of the allowable reduction not received shall be carried	79201
forward and applied against future tax liability. After any	79202
reductions expire, any reduction carried forward shall be treated	79203
as a reduction as provided for in this division.	79204

If more than one permit holder is authorized to conduct	79205
racing at the facility that is being built or improved, the cost	79206
of the new race track or capital improvement shall be allocated	79207
between or among all the permit holders in the ratio that the	79208
permit holders' number of racing days bears to the total number of	79209
racing days conducted at the facility.	79210

A reduction for a new race track or a capital improvement	79211
shall start from the day racing is first conducted following the	79212
date actual construction of the new race track or each capital	79213
improvement is completed and the construction cost has been	79214
approved by the racing commission, unless otherwise provided in	79215
this section. A reduction for a new race track or a capital	79216
improvement shall continue for a period of twenty-five years for	79217
new race tracks and for fifteen years for capital improvements if	79218
the construction of the capital improvement or new race track	79219
commenced prior to March 29, 1988, and for a period of ten years	79220
for new race tracks or capital improvements if the construction of	79221
the capital improvement or new race track commenced on or after	79222
March 29, 1988, but before June 6, 2001, or until the total tax	79223
reduction reaches seventy per cent of the approved cost of the new	79224
race track or capital improvement, as allocated to each permit	79225
holder, whichever occurs first. A reduction for a new race track	79226
or a capital improvement approved after June 6, 2001, shall	79227
continue until the total tax reduction reaches one hundred per	79228
cent of the approved cost of the new race track or capital	79229
improvement, as allocated to each permit holder.	79230

A reduction granted for a new race track or a capital	79231
improvement, the application for which was approved by the racing	79232
commission after March 29, 1988, but before June 6, 2001, shall	79233
not commence nor shall the ten-year period begin to run until all	79234
prior tax reductions with respect to the same race track have	79235
ended. The total tax reduction because of capital improvements	79236
shall not during any one year exceed for all permit holders using	79237
any one track three-fourths of one per cent of the total amount	79238
wagered, regardless of the number of capital improvements made.	79239
Several capital improvements to a race track may be consolidated	79240
in an application if the racing commission approved the	79241
application prior to March 29, 1988. No permit holder may receive	79242
a tax reduction for a capital improvement approved by the racing	79243
commission on or after March 29, 1988, at a race track until all	79244
tax reductions have ended for all prior capital improvements	79245
approved by the racing commission under this section or section	79246
3769.20 of the Revised Code at that race track. If there are two	79247
or more permit holders operating meetings at the same track, they	79248
may consolidate their applications. The racing commission shall	79249
notify the tax commissioner when the reduction of tax begins and	79250
when it ends.	79251

Each fiscal year the racing commission shall submit a report	79252
to the tax commissioner, the office of budget and management, and	79253
the legislative service commission. The report shall identify each	79254
capital improvement project undertaken under this division and in	79255
progress at each race track, indicate the total cost of each	79256
project, state the tax reduction that resulted from each project	79257
during the immediately preceding fiscal year, estimate the tax	79258
reduction that will result from each project during the current	79259
fiscal year, state the total tax reduction that resulted from all	79260
such projects at all race tracks during the immediately preceding	79261
fiscal year, and estimate the total tax reduction that will result	79262
from all such projects at all race tracks during the current	79263
fiscal year.	79264

(2) In order to qualify for the reduction in tax, a permit	79265
holder shall apply to the racing commission in such form as the	79266
commission may require and shall provide full details of the new	79267
race track or capital improvement, including a schedule for its	79268
construction and completion, and set forth the costs and expenses	79269
incurred in connection with it. The racing commission shall not	79270
approve an application unless the permit holder shows that a	79271
contract for the new race track or capital improvement has been	79272
let under an unrestricted competitive bidding procedure, unless	79273
the contract is exempted by the controlling board because of its	79274
unusual nature. In determining whether to approve an application,	79275
the racing commission shall consider whether the new race track or	79276
capital improvement will promote the safety, convenience, and	79277
comfort of the racing public and horse owners and generally tend	79278
towards the improvement of racing in this state.	79279

(3) If a new race track or capital improvement is approved by	79280
the racing commission and construction has started, the tax	79281
reduction may be authorized by the commission upon presentation of	79282
copies of paid bills in excess of one hundred thousand dollars or	79283
ten per cent of the approved cost, whichever is greater. After the	79284
initial authorization, the permit holder shall present copies of	79285
paid bills. If the permit holder is in substantial compliance with	79286
the schedule for construction and completion of the new race track	79287
or capital improvement, the racing commission may authorize the	79288
continuation of the tax reduction upon the presentation of the	79289
additional paid bills. The total amount of the tax reduction	79290
authorized shall not exceed the percentage of the approved cost of	79291
the new race track or capital improvement specified in division	79292
(J)(1) of this section. The racing commission may terminate any	79293
tax reduction immediately if a permit holder fails to complete the	79294
new race track or capital improvement, or to substantially comply	79295
with the schedule for construction and completion of the new race	79296
track or capital improvement. If a permit holder fails to complete	79297
a new race track or capital improvement, the racing commission	79298
shall order the permit holder to repay to the state the total	79299
amount of tax reduced. The normal tax paid by the permit holder	79300
shall be increased by three-fourths of one per cent of the total	79301
amount wagered until the total amount of the additional tax	79302
collected equals the total amount of tax reduced.	79303

(4) As used in this section:

79304

(a) "Capital improvement" means an addition, replacement, or	79305
remodeling of a structural unit of a race track facility costing	79306
at least one hundred thousand dollars, including, but not limited	79307
to, the construction of barns used exclusively for the race track	79308
facility, backstretch facilities for horsemen, paddock facilities,	79309
new pari-mutuel and totalizator equipment and appurtenances to	79310
that equipment purchased by the track, new access roads, new	79311
parking areas, the complete reconstruction, reshaping, and	79312
leveling of the racing surface and appurtenances, the installation	79313
of permanent new heating or air conditioning, roof replacement or	79314
restoration, installations of a permanent nature forming a part of	79315
the track structure, and construction of buildings that are	79316
located on a permit holder's premises. "Capital improvement" does	79317
not include the cost of replacement of equipment that is not	79318
permanently installed, ordinary repairs, painting, and maintenance	79319
required to keep a race track facility in ordinary operating	79320
condition.	79321

(b) "New race track" includes the reconstruction of a race	79322
track damaged by fire or other cause that has been declared by the	79323
racing commission, as a result of the damage, to be an inadequate	79324
facility for the safe operation of horse racing.	79325

(c) "Approved cost" includes all debt service and interest	79326
costs that are associated with a capital improvement or new race	79327
track and that the racing commission approves for a tax reduction	79328
under division (J) of this section.	79329

(5) The racing commission shall not approve an application	79330
for a tax reduction under this section if it has reasonable cause	79331
to believe that the actions or negligence of the permit holder	79332
substantially contributed to the damage suffered by the track due	79333
to fire or other cause. The racing commission shall obtain any	79334
data or information available from a fire marshal, law enforcement	79335
official, or insurance company concerning any fire or other damage	79336
suffered by a track, prior to approving an application for a tax	79337
reduction.	79338

(6) The approved cost to which a tax reduction applies shall	79339
be determined by generally accepted accounting principles and	79340
verified by an audit of the permit holder's records upon	79341
completion of the project by the racing commission, or by an	79342
independent certified public accountant selected by the permit	79343
holder and approved by the commission.	79344

(K) No other license or excise tax or fee, except as provided	79345
in sections 3769.01 to 3769.14 of the Revised Code, shall be	79346
assessed or collected from such licensee by any county, township,	79347
district, municipal corporation, or other body having power to	79348
assess or collect a tax or fee. That portion of the tax paid under	79349
this section by permit holders for racing conducted at and during	79350
the course of an agricultural exposition or fair, and that portion	79351
of the tax that would have been paid by eligible permit holders	79352
into the nursing home franchise permit fee fund as a result of	79353
racing conducted at and during the course of an agricultural	79354
exposition or fair, shall be deposited into the state treasury to	79355
the credit of the horse racing tax fund, which is hereby created	79356
for the use of the agricultural societies of the several counties	79357
in which the taxes originate. The state racing commission shall	79358
determine eligible permit holders for purposes of the preceding	79359
sentence, taking into account the breed of horse, the racing	79360
dates, the geographic proximity to the fair, and the best	79361
interests of Ohio racing. On the first day of any month on which	79362
there is money in the fund, the tax commissioner shall provide for	79363
payment to the treasurer of each agricultural society the amount	79364
of the taxes collected under this section upon racing conducted at	79365
and during the course of any exposition or fair conducted by the	79366
society.	79367

(L) From the tax paid under this section by harness track	79368
permit holders, the tax commissioner shall pay into the Ohio	79369
thoroughbred race fund a sum equal to a percentage of the amount	79370
wagered upon which the tax is paid. The percentage shall be	79371
determined by the tax commissioner and shall be rounded to the	79372
nearest one-hundredth. The percentage shall be such that, when	79373
multiplied by the amount wagered upon which tax was paid by the	79374
harness track permit holders in the most recent year for which	79375
final figures are available, it results in a sum that	79376
substantially equals the same amount of tax paid by the tax	79377
commissioner during that year into the Ohio fairs fund from taxes	79378
paid by thoroughbred permit holders. This division does not apply	79379
to county and independent fairs and agricultural societies.	79380

(M) Twenty-five per cent of the taxes levied on thoroughbred	79381
racing permit holders, harness racing permit holders, and quarter	79382
horse racing permit holders under this section, division (A) of	79383
section 3769.087 of the Revised Code, and division (F)(2) of	79384
section 3769.26 of the Revised Code shall be paid into the nursing	79385
home franchise permit fee fund. The tax commissioner shall pay any	79386
money remaining, after the payment into the nursing home franchise	79387
permit fee fund and the reductions provided for in division (J) of	79388
this section and in section 3769.20 of the Revised Code, into the	79389
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	79390
development fund, Ohio quarter horse fund, and state racing	79391
commission operating fund as prescribed in this section and	79392
division (A) of section 3769.087 of the Revised Code. The tax	79393
commissioner shall thereafter use and apply the balance of the	79394
money paid as a tax by any permit holder to cover any shortage in	79395
the accounts of such funds resulting from an insufficient payment	79396
as a tax by any other permit holder. The moneys received by the	79397
tax commissioner shall be deposited weekly and paid by the tax	79398
commissioner into the funds to cover the total aggregate amount	79399
due from all permit holders to the funds, as calculated under this	79400
section and division (A) of section 3769.087 of the Revised Code,	79401
as applicable. If, after the payment into the nursing home	79402
franchise permit fee fund, sufficient funds are not available from	79403
the tax deposited by the tax commissioner to pay the required	79404
amounts into the Ohio fairs fund, Ohio standardbred development	79405
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	79406
the state racing commission operating fund, the tax commissioner	79407
shall prorate on a proportional basis the amount paid to each of	79408
the funds. Any shortage to the funds as a result of a proration	79409
shall be applied against future deposits for the same calendar	79410
year when funds are available. After this application, the tax	79411
commissioner shall pay any remaining money paid as a tax by all	79412
permit holders into the nursing home franchise permit fee fund.	79413
This division does not apply to permit holders conducting racing	79414
at the course of an agricultural exposition or fair as described	79415
in division (K) of this section.	79416

Sec. 3769.087. (A) In addition to the commission of eighteen	79417
per cent retained by each permit holder as provided in section	79418
3769.08 of the Revised Code, each permit holder shall retain an	79419
additional amount equal to four per cent of the total of all	79420
moneys wagered on each racing day on all wagering pools other than	79421
win, place, and show, of which amount retained an amount equal to	79422
three per cent of the total of all moneys wagered on each racing	79423
day on those pools shall be paid by check, draft, or money order	79424
to the tax commissioner, as a tax. Subject to the restrictions	79425
contained in divisions (B), (C), and (M) of section 3769.08 of the	79426
Revised Code, from such additional moneys paid to the tax	79427
commissioner:	79428

(1) Four-sixths shall be allocated to fund distribution as	79429
provided in division (M) of section 3769.08 of the Revised Code.	79430

(2) One-twelfth shall be paid into the Ohio fairs fund	79431
created by section 3769.082 of the Revised Code.	79432

(3) One-twelfth of the additional moneys paid to the tax	79433
commissioner by thoroughbred racing permit holders shall be paid	79434
into the Ohio thoroughbred race fund created by section 3769.083	79435
of the Revised Code.	79436

(4) One-twelfth of the additional moneys paid to the tax	79437
commissioner by harness horse racing permit holders shall be paid	79438
to the Ohio standardbred development fund created by section	79439
3769.085 of the Revised Code.	79440

(5) One-twelfth of the additional moneys paid to the tax	79441
commissioner by quarter horse racing permit holders shall be paid	79442
to the Ohio quarter horse development fund created by section	79443
3769.086 of the Revised Code.	79444

(6) One-sixth shall be paid into the state racing commission	79445
operating fund created by section 3769.03 of the Revised Code.	79446

The remaining one per cent that is retained of the total of	79447
all moneys wagered on each racing day on all pools other than win,	79448
place, and show, shall be retained by racing permit holders, and,	79449
except as otherwise provided in section 3769.089 of the Revised	79450
Code, racing permit holders shall use one-half for purse money and	79451
retain one-half.	79452

(B) In addition to the commission of eighteen per cent	79453
retained by each permit holder as provided in section 3769.08 of	79454
the Revised Code and the additional amount retained by each permit	79455
holder as provided in division (A) of this section, each permit	79456
holder shall retain an additional amount equal to one-half of one	79457
per cent of the total of all moneys wagered on each racing day on	79458
all wagering pools other than win, place, and show. The additional	79459
amount retained under this division shall be paid by check, draft,	79460
or money order to the tax commissioner, as a tax. The tax	79461
commissioner shall pay the amount of the tax received under this	79462
division to the state racing commission operating fund created by	79463
section 3769.03 of the Revised Code.	79464

(C) Unless otherwise agreed to by the video lottery sales	79465
agent and the applicable horsemen's association recognized by the	79466
state racing commission to represent such persons, the state	79467
racing commission ~~may~~shall direct through rule that a percentage	79468
of the lottery sales agent's commission as determined by the state	79469
lottery commission for conducting video lottery terminal gaming on	79470
behalf of the state be paid to the state racing commission for the	79471
benefit of breeding and racing in this state. The percentage so	79472
determined shall not be less than nine per cent or more than	79473
eleven per cent of the video lottery terminal income, and shall be	79474
a sliding scale based upon capital expenditures necessary to build	79475
the video lottery sales agent's facility. The aggregate of one	79476
hundred per cent of video lottery terminal income minus the	79477
lottery sales agent's commission percentage as determined by the	79478
state lottery commission plus the percentage of the lottery sale	79479
agent's commission, as determined by the state racing commission	79480
or otherwise agreed to by the video lottery sales agent and the	79481
applicable horsemen's association recognized by the state racing	79482
commission to represent such persons, for the benefit of breeding	79483
and racing in this state shall not exceed forty-five per cent of	79484
the video lottery terminal income. In addition, beginning July 1,	79485
2013, the state lottery commission shall adopt a rule to require	79486
the lottery sales agent conducting video lottery terminal gaming	79487
on behalf of the state to disperse to the state lottery commission	79488
one-half of one per cent of such a lottery sales agent's	79489
commission for the purpose of providing funding support to	79490
appropriate state agencies for programs that provide for gambling	79491
addiction and other related addiction services. The state lottery	79492
commission's rule also may require the lottery sales agent	79493
conducting video lottery terminal gaming on behalf of the state to	79494
disperse to the state lottery commission an additional amount up	79495
to one-half of one per cent of such a lottery sales agent's	79496
commission for that purpose.	79497

Sec. 3769.088. (A) If any permit holder required by this	79498
chapter to pay the taxes levied by sections 3769.08, 3769.087,	79499
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	79500
the tax commissioner may make an assessment against the permit	79501
holder based upon any information in the commissioner's	79502
possession.	79503

A penalty of up to fifteen per cent may be added to the	79504
amount of every assessment made under this section. The	79505
commissioner may adopt rules providing for the imposition and	79506
remission of penalties added to assessments made under this	79507
section.	79508

The commissioner shall give the party assessed written notice	79509
of the assessment in the manner provided in section 5703.37 of the	79510
Revised Code. With the notice, the commissioner shall provide	79511
instructions on how to petition for reassessment and request a	79512
hearing on the petition.	79513

(B) Unless the party assessed files with the tax commissioner	79514
within sixty days after service of the notice of assessment,	79515
either personally or by certified mail, a written petition for	79516
reassessment signed by the party assessed or that party's	79517
authorized agent having knowledge of the facts, the assessment	79518
becomes final and the amount of the assessment is due and payable	79519
from the party assessed to the commissioner. The petition shall	79520
indicate the objections of the party assessed, but additional	79521
objections may be raised in writing if received by the	79522
commissioner prior to the date shown on the final determination.	79523
If the petition has been properly filed, the commissioner shall	79524
proceed under section 5703.60 of the Revised Code.	79525

(C) After an assessment becomes final, if any portion of the	79526
assessment remains unpaid, including accrued interest, a certified	79527
copy of the tax commissioner's entry making the assessment final	79528
may be filed in the office of the clerk of the court of common	79529
pleas in the county in which the place, track, or enclosure for	79530
which the permit was issued is located or the county in which the	79531
party assessed resides or has its principal place of business. If	79532
the party assessed maintains no place of business in this state	79533
and is not a resident of this state, the certified copy of the	79534
entry may be filed in the office of the clerk of the court of	79535
common pleas of Franklin county.	79536

Immediately upon the filing of the entry, the clerk shall	79537
enter a judgment for the state against the party assessed in the	79538
amount shown on the entry. The judgment may be filed by the clerk	79539
in a loose-leaf book entitled "special judgments for state horse	79540
racing tax," and shall have the same effect as other judgments.	79541
Execution shall issue upon the judgment upon the request of the	79542
tax commissioner, and all laws applicable to sales on execution	79543
shall apply to sales made under the judgment.	79544

~~The portion of~~If the assessment is not paid in its entirety	79545
within sixty days after the day the assessment was issued, the	79546
portion of the assessment consisting of tax due shall bear	79547
interest at the rate per annum prescribed by section 5703.47 of	79548
the Revised Code from the day the tax commissioner issues the	79549
assessment until the day the assessment is paid or until it is	79550
certified to the attorney general for collection under section	79551
131.02 of the Revised Code, whichever comes first. If the unpaid	79552
portion of the assessment is certified to the attorney general for	79553
collection, the entire unpaid portion of the assessment shall bear	79554
interest at the rate per annum prescribed by section 5703.47 of	79555
the Revised Code from the date of certification until the date it	79556
is paid in its entirety. Interest shall be paid in the same manner	79557
as the tax and may be collected by the issuance of an assessment	79558
under this section.	79559

(D) All money collected by the tax commissioner under this	79560
section shall be treated as revenue arising from the taxes imposed	79561
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	79562
Code.	79563

Sec. 3770.02. (A) Subject to the advice and consent of the	79564
senate, the governor shall appoint a director of the state lottery	79565
commission who shall serve at the pleasure of the governor. The	79566
director shall devote full time to the duties of the office and	79567
shall hold no other office or employment. The director shall meet	79568
all requirements for appointment as a member of the commission and	79569
shall, by experience and training, possess management skills that	79570
equip the director to administer an enterprise of the nature of a	79571
state lottery. The director shall receive an annual salary in	79572
accordance with pay range 48 of section 124.152 of the Revised	79573
Code.	79574

(B)(1) The director shall attend all meetings of the	79575
commission and shall act as its secretary. The director shall keep	79576
a record of all commission proceedings and shall keep the	79577
commission's records, files, and documents at the commission's	79578
principal office. All records of the commission's meetings shall	79579
be available for inspection by any member of the public, upon a	79580
showing of good cause and prior notification to the director.	79581

(2) The director shall be the commission's executive officer	79582
and shall be responsible for keeping all commission records and	79583
supervising and administering the state lottery in accordance with	79584
this chapter, and carrying out all commission rules adopted under	79585
section 3770.03 of the Revised Code.	79586

(C)(1) The director shall appoint an assistant director,	79587
deputy directors of marketing, operations, sales, finance, public	79588
relations, security, and administration, and as many regional	79589
managers as are required. The director may also appoint necessary	79590
professional, technical, and clerical assistants. All such	79591
officers and employees shall be appointed and compensated pursuant	79592
to Chapter 124. of the Revised Code. Regional and assistant	79593
regional managers, sales representatives, and any lottery	79594
executive account representatives shall remain in the unclassified	79595
service.	79596

(2) The director, in consultation with the director of	79597
administrative services, may establish standards of proficiency	79598
and productivity for commission field representatives.	79599

(D) The director shall request the bureau of criminal	79600
identification and investigation, the department of public safety,	79601
or any other state, local, or federal agency to supply the	79602
director with the criminal records of any job applicant and may	79603
periodically request the criminal records of commission employees.	79604
At or prior to the time of making such a request, the director	79605
shall require a job applicant or commission employee to obtain	79606
fingerprint cards prescribed by the superintendent of the bureau	79607
of criminal identification and investigation at a qualified law	79608
enforcement agency, and the director shall cause these fingerprint	79609
cards to be forwarded to the bureau of criminal identification and	79610
investigation and the federal bureau of investigation. The	79611
commission shall assume the cost of obtaining the fingerprint	79612
cards and shall pay to each agency supplying criminal records for	79613
each investigation under this division a reasonable fee, as	79614
determined by the agency.	79615

(E) The director shall license lottery sales agents pursuant	79616
to section 3770.05 of the Revised Code and, when it is considered	79617
necessary, may revoke or suspend the license of any lottery sales	79618
agent. The director may license video lottery technology	79619
providers, independent testing laboratories, and gaming employees,	79620
and promulgate rules relating thereto. When the director considers	79621
it necessary, the director may suspend or revoke the license of a	79622
video lottery technology provider, independent testing laboratory,	79623
or gaming employee, including suspension or revocation without	79624
affording an opportunity for a prior hearing under section 119.07	79625
of the Revised Code when the public safety, convenience, or trust	79626
requires immediate action.	79627

(F) The director shall confer at least once each month with	79628
the commission, at which time the director shall advise it	79629
regarding the operation and administration of the lottery. The	79630
director shall make available at the request of the commission all	79631
documents, files, and other records pertaining to the operation	79632
and administration of the lottery. The director shall prepare and	79633
make available to the commission each month a complete and	79634
accurate accounting of lottery revenues, prize money disbursements	79635
and the cost of goods and services awarded as prizes, operating	79636
expenses, and all other relevant financial information, including	79637
an accounting of all transfers made from any lottery funds in the	79638
custody of the treasurer of state to benefit education.	79639

(G) The director may enter into contracts for the operation	79640
or promotion of the lottery pursuant to Chapter 125. of the	79641
Revised Code.	79642

(H)(1) Pursuant to rules adopted by the commission under	79643
section 3770.03 of the Revised Code, the director shall require	79644
any lottery sales agents to ~~either mail directly to the commission~~	79645
or deposit to the credit of the state lottery fund, in banking	79646
institutions designated by the treasurer of state, net proceeds	79647
due the commission as determined by the director~~, and to file with~~	79648
~~the director or the director's designee reports of their receipts~~	79649
~~and transactions in the sale of lottery tickets in the form~~	79650
~~required by the director~~.	79651

(2) Pursuant to rules adopted by the commission under Chapter	79652
119. of the Revised Code, the director may impose penalties for	79653
the failure of a sales agent to transfer funds to the commission	79654
in a timely manner. Penalties may include monetary penalties,	79655
immediate suspension or revocation of a license, or any other	79656
penalty the commission adopts by rule.	79657

(I) The director may arrange for any person, or any banking	79658
institution, to perform functions and services in connection with	79659
the operation of the lottery as the director may consider	79660
necessary to carry out this chapter.	79661

(J)(1) As used in this chapter, "statewide joint lottery	79662
game" means a lottery game that the commission sells solely within	79663
this state under an agreement with other lottery jurisdictions to	79664
sell the same lottery game solely within their statewide or other	79665
jurisdictional boundaries.	79666

(2) If the governor directs the director to do so, the	79667
director shall enter into an agreement with other lottery	79668
jurisdictions to conduct statewide joint lottery games. If the	79669
governor signs the agreement personally or by means of an	79670
authenticating officer pursuant to section 107.15 of the Revised	79671
Code, the director then may conduct statewide joint lottery games	79672
under the agreement.	79673

(3) The entire net proceeds from any statewide joint lottery	79674
games shall be used to fund elementary, secondary, vocational, and	79675
special education programs in this state.	79676

(4) The commission shall conduct any statewide joint lottery	79677
games in accordance with rules it adopts under division (B)(5) of	79678
section 3770.03 of the Revised Code.	79679

(K)(1) The director shall enter into an agreement with the	79680
department of ~~alcohol and drug addiction services~~mental health	79681
and addiction services under which the department shall provide a	79682
program of gambling addiction services on behalf of the	79683
commission. The commission shall pay the costs of the program	79684
provided pursuant to the agreement.	79685

(2) As used in this section, "gambling addiction services"	79686
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	79687
Code.	79688

Sec. 3770.06. (A) There is hereby created the state lottery	79689
gross revenue fund, which shall be in the custody of the treasurer	79690
of state but shall not be part of the state treasury. All gross	79691
revenues received from sales of lottery tickets, fines, fees, and	79692
related proceeds in connection with the statewide lottery and all	79693
gross proceeds from statewide joint lottery games shall be	79694
deposited into the fund. The treasurer of state shall invest any	79695
portion of the fund not needed for immediate use in the same	79696
manner as, and subject to all provisions of law with respect to	79697
the investment of, state funds. The treasurer of state shall	79698
disburse money from the fund on order of the director of the state	79699
lottery commission or the director's designee.	79700

Except for gross proceeds from statewide joint lottery games,	79701
all revenues of the state lottery gross revenue fund that are not	79702
paid to holders of winning lottery tickets, that are not required	79703
to meet short-term prize liabilities, that are not credited to	79704
lottery sales agents in the form of bonuses, commissions, or	79705
reimbursements, that are not paid to financial institutions to	79706
reimburse those institutions for sales agent nonsufficient funds,	79707
and that are collected from sales agents for remittance to	79708
insurers under contract to provide sales agent bonding services	79709
shall be transferred to the state lottery fund, which is hereby	79710
created in the state treasury. In addition, all revenues of the	79711
state lottery gross revenue fund that represent the gross proceeds	79712
from the statewide joint lottery games and that are not paid to	79713
holders of winning lottery tickets, that are not required to meet	79714
short-term prize liabilities, that are not credited to lottery	79715
sales agents in the form of bonuses, commissions, or	79716
reimbursements, and that are not necessary to cover operating	79717
expenses associated with those games or to otherwise comply with	79718
the agreements signed by the governor that the director enters	79719
into under division (J) of section 3770.02 of the Revised Code or	79720
the rules the commission adopts under division (B)(5) of section	79721
3770.03 of the Revised Code shall be transferred to the state	79722
lottery fund. All investment earnings of the fund shall be	79723
credited to the fund. Moneys shall be disbursed from the fund	79724
pursuant to vouchers approved by the director. Total disbursements	79725
for monetary prize awards to holders of winning lottery tickets in	79726
connection with the statewide lottery and purchases of goods and	79727
services awarded as prizes to holders of winning lottery tickets	79728
shall be of an amount equal to at least fifty per cent of the	79729
total revenue accruing from the sale of lottery tickets.	79730

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	79731
there is hereby established in the state treasury the lottery	79732
profits education fund. Whenever, in the judgment of the director	79733
of the state lottery commission, the amount to the credit of the	79734
state lottery fund that does not represent proceeds from statewide	79735
joint lottery games is in excess of that needed to meet the	79736
maturing obligations of the commission and as working capital for	79737
its further operations, the director of the state lottery	79738
commission shall recommend the amount of the excess to be	79739
transferred to the lottery profits education fund, and the	79740
director of budget and management may transfer the excess to the	79741
lottery profits education fund in connection with the statewide	79742
lottery. In addition, whenever, in the judgment of the director of	79743
the state lottery commission, the amount to the credit of the	79744
state lottery fund that represents proceeds from statewide joint	79745
lottery games equals the entire net proceeds of those games as	79746
described in division (B)(5) of section 3770.03 of the Revised	79747
Code and the rules adopted under that division, the director of	79748
the state lottery commission shall recommend the amount of the	79749
proceeds to be transferred to the lottery profits education fund,	79750
and the director of budget and management may transfer those	79751
proceeds to the lottery profits education fund. Investment	79752
earnings of the lottery profits education fund shall be credited	79753
to the fund.	79754

The lottery profits education fund shall be used solely for	79755
the support of elementary, secondary, vocational, and special	79756
education programs as determined in appropriations made by the	79757
general assembly, or as provided in applicable bond proceedings	79758
for the payment of debt service on obligations issued to pay costs	79759
of capital facilities, including those for a system of common	79760
schools throughout the state pursuant to section 2n of Article	79761
VIII, Ohio Constitution. When determining the availability of	79762
money in the lottery profits education fund, the director of	79763
budget and management may consider all balances and estimated	79764
revenues of the fund.	79765

(C) There is hereby established in the state treasury the	79766
deferred prizes trust fund. With the approval of the director of	79767
budget and management, an amount sufficient to fund annuity prizes	79768
shall be transferred from the state lottery fund and credited to	79769
the trust fund. The treasurer of state shall credit all earnings	79770
arising from investments purchased under this division to the	79771
trust fund. Within sixty days after the end of each fiscal year,	79772
the treasurer of state shall certify to the director of budget and	79773
management whether the actuarial amount of the trust fund is	79774
sufficient over the fund's life for continued funding of all	79775
remaining deferred prize liabilities as of the last day of the	79776
fiscal year just ended. Also, within that sixty days, the director	79777
of budget and management shall certify the amount of investment	79778
earnings necessary to have been credited to the trust fund during	79779
the fiscal year just ending to provide for such continued funding	79780
of deferred prizes. Any earnings credited in excess of the latter	79781
certified amount shall be transferred to the lottery profits	79782
education fund.	79783

To provide all or a part of the amounts necessary to fund	79784
deferred prizes awarded by the commission in connection with the	79785
statewide lottery, the treasurer of state, in consultation with	79786
the commission, may invest moneys contained in the deferred prizes	79787
trust fund which represents proceeds from the statewide lottery in	79788
obligations of the type permitted for the investment of state	79789
funds but whose maturities are thirty years or less.	79790
Notwithstanding the requirements of any other section of the	79791
Revised Code, to provide all or part of the amounts necessary to	79792
fund deferred prizes awarded by the commission in connection with	79793
statewide joint lottery games, the treasurer of state, in	79794
consultation with the commission, may invest moneys in the trust	79795
fund which represent proceeds derived from the statewide joint	79796
lottery games in accordance with the rules the commission adopts	79797
under division (B)(5) of section 3770.03 of the Revised Code.	79798
Investments of the trust fund are not subject to the provisions of	79799
division (A)(10) of section 135.143 of the Revised Code limiting	79800
to twenty-five per cent the amount of the state's total average	79801
portfolio that may be invested in debt interests and limiting to	79802
one-half of one per cent the amount that may be invested in debt	79803
interests of a single issuer.	79804

All purchases made under this division shall be effected on a	79805
delivery versus payment method and shall be in the custody of the	79806
treasurer of state.	79807

The treasurer of state may retain an investment advisor, if	79808
necessary. The commission shall pay any costs incurred by the	79809
treasurer of state in retaining an investment advisor.	79810

(D) The auditor of state shall conduct annual audits of all	79811
funds and any other audits as the auditor of state or the general	79812
assembly considers necessary. The auditor of state may examine all	79813
records, files, and other documents of the commission, and records	79814
of lottery sales agents that pertain to their activities as	79815
agents, for purposes of conducting authorized audits.	79816

(E) The state lottery commission shall establish an internal	79817
audit ~~program~~plan before the beginning of each fiscal year,	79818
subject to the approval of the ~~auditor~~office of ~~state~~internal	79819
audit in the office of budget and management. At the end of each	79820
fiscal year, the commission shall prepare and submit an annual	79821
report to the ~~auditor~~office of ~~state~~internal audit for the	79822
~~auditor of state's~~office's review and approval, specifying the	79823
internal audit work completed by the end of that fiscal year and	79824
reporting on compliance with the annual internal audit ~~program.~~	79825
~~The form and content of the report shall be prescribed by the~~	79826
~~auditor of state under division (C) of section 117.20 of the~~	79827
~~Revised Code~~plan.	79828

~~(E)~~(F) Whenever, in the judgment of the director of budget	79829
and management, an amount of net state lottery proceeds is	79830
necessary to be applied to the payment of debt service on	79831
obligations, all as defined in sections 151.01 and 151.03 of the	79832
Revised Code, the director shall transfer that amount directly	79833
from the state lottery fund or from the lottery profits education	79834
fund to the bond service fund defined in those sections. The	79835
provisions of this division are subject to any prior pledges or	79836
obligation of those amounts to the payment of bond service charges	79837
as defined in division (C) of section 3318.21 of the Revised Code,	79838
as referred to in division (B) of this section.	79839

Sec. 3770.21. (A) As used in this section:

79840

(1) "Video lottery terminal" means any electronic device	79841
approved by the state lottery commission that provides immediate	79842
prize determinations for participants on an electronic display	79843
that is located at a facility owned by a holder of a permit as	79844
defined in rule 3769-1-05 of the Administrative Code.	79845

(2) "Video lottery terminal promotional gaming credit" means	79846
a video lottery terminal game credit, discount, or other similar	79847
item issued to a patron to enable the placement of, or increase	79848
in, a wager at a video lottery terminal.	79849

(3) "Video lottery terminal income" means credits played,	79850
minus approved video lottery terminal promotional gaming credits,	79851
minus video lottery prize awards.	79852

(B)(1) The state lottery commission shall include, in	79853
conjunction with the state racing commission, in any rules adopted	79854
concerning video lottery terminals, the level of minimum	79855
investments that must be made by video lottery terminal sales	79856
agents in the buildings, fixtures, equipment, facilities-related	79857
preparation, and grounds at the facilities, including temporary	79858
facilities, in which the terminals will be located, along with any	79859
standards and timetables for such investments.	79860

(2) The state lottery commission may include, in consultation	79861
with the Ohio casino control commission, in rules adopted	79862
concerning video lottery terminals, standards and requirements for	79863
security and surveillance equipment that shall require a licensed	79864
video lottery sales agent to install security and surveillance	79865
equipment where any chips, tokens, tickets, electronic cards, or	79866
similar objects may be redeemed for cash, whether by an employee	79867
or by electronic means, that shall capture, for law enforcement	79868
purposes, facial feature pattern characteristics, including a	79869
computerized facial image, and that shall require such records to	79870
be retained for at least five years. The commission may secure, by	79871
agreement, information and services as the commission considers	79872
necessary from any state agency or other unit of state government.	79873
All costs related to the installation of security and surveillance	79874
equipment shall be the responsibility of the licensed video	79875
lottery sales agent.	79876

(C) A licensed video lottery sales agent may provide video	79877
lottery terminal promotional gaming credits to patrons for video	79878
lottery terminal gaming. Video lottery terminal promotional gaming	79879
credits shall be subject to approval by the director of the state	79880
lottery commission.	79881

(D) Video lottery terminal sales agents shall develop	79882
internal guidelines and controls for the purpose of giving	79883
minority business enterprises the ability to compete for the	79884
awarding of contracts to provide goods and services to those sales	79885
agents. As used in this division, "minority business enterprise"	79886
has the meaning defined in section 122.71 of the Revised Code.	79887

(E) No license or excise tax or fee not in effect on the	79888
effective date of this section shall be assessed upon or collected	79889
from a video lottery terminal sales agent by any county, township,	79890
municipal corporation, school district, or other political	79891
subdivision of the state that has authority to assess or collect a	79892
tax or fee by reason of the video lottery terminal related conduct	79893
authorized by section 3770.03 of the Revised Code. This division	79894
does not prohibit the imposition of taxes under Chapter 718. or	79895
3769. of the Revised Code.	79896

(F)(1) Any action asserting that this section or section	79897
3770.03 of the Revised Code or any portion of those sections or	79898
any rule adopted under those sections violates any provision of	79899
the Ohio Constitution shall be brought in the court of common	79900
pleas of Franklin county within ninety days after the effective	79901
date of the amendment of this section by Am. Sub. H.B. 386 of the	79902
129th general assembly, June 11, 2012, or within ninety days after	79903
the effective day of any rule, as applicable.	79904

(2) Any claim asserting that any action taken by the governor	79905
or the lottery commission pursuant to those sections violates any	79906
provision of the Ohio Constitution or any provision of the Revised	79907
Code shall be brought in the court of common pleas of Franklin	79908
county within sixty days after the action is taken.	79909

(3) Divisions (F)(1) and (2) of this section do not apply to	79910
any claim within the original jurisdiction of the supreme court or	79911
a court of appeals under Article IV of the Ohio Constitution.	79912

(G) The court of common pleas of Franklin county shall give	79913
any claim filed under division (F)(1) or (2) of this section	79914
priority over all other civil cases before the court, irrespective	79915
of position on the court's calendar, and shall make a	79916
determination on the claim expeditiously. A court of appeals shall	79917
give any appeal from a final order issued in a case brought	79918
pursuant to division (F) of this section priority over all other	79919
civil cases before the court, irrespective of position on the	79920
court's calendar, and shall make a determination on the appeal	79921
expeditiously.	79922

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	79923
the commission shall have authority to complete the functions of	79924
licensing, regulating, investigating, and penalizing casino	79925
operators, management companies, holding companies, key employees,	79926
casino gaming employees, and gaming-related vendors. The	79927
commission also shall have jurisdiction over all persons	79928
participating in casino gaming authorized by Section 6(C) of	79929
Article XV, Ohio Constitution, and this chapter.	79930

(B) All rules adopted by the commission under this chapter	79931
shall be adopted under procedures established in Chapter 119. of	79932
the Revised Code. The commission may contract for the services of	79933
experts and consultants to assist the commission in carrying out	79934
its duties under this section.	79935

(C) Within six months of September 10, 2010, the commission	79936
shall adopt initial rules as are necessary for completing the	79937
functions stated in division (A) of this section and for	79938
addressing the subjects enumerated in division (D) of this	79939
section.	79940

(D) The commission shall adopt, and as advisable and	79941
necessary shall amend or repeal, rules that include all of the	79942
following:	79943

(1) The prevention of practices detrimental to the public	79944
interest;	79945

(2) Prescribing the method of applying, and the form of	79946
application, that an applicant for a license under this chapter	79947
must follow as otherwise described in this chapter;	79948

(3) Prescribing the information to be furnished by an	79949
applicant or licensee as described in section 3772.11 of the	79950
Revised Code;	79951

(4) Describing the certification standards and duties of an	79952
independent testing laboratory certified under section 3772.31 of	79953
the Revised Code and the relationship between the commission, the	79954
laboratory, the gaming-related vendor, and the casino operator;	79955

(5) The minimum amount of insurance that must be maintained	79956
by a casino operator, management company, holding company, or	79957
gaming-related vendor;	79958

(6) The approval process for a significant change in	79959
ownership or transfer of control of a licensee as provided in	79960
section 3772.091 of the Revised Code;	79961

(7) The design of gaming supplies, devices, and equipment to	79962
be distributed by gaming-related vendors;	79963

(8) Identifying the casino gaming that is permitted,	79964
identifying the gaming supplies, devices, and equipment, that are	79965
permitted, defining the area in which the permitted casino gaming	79966
may be conducted, and specifying the method of operation according	79967
to which the permitted casino gaming is to be conducted as	79968
provided in section 3772.20 of the Revised Code, and requiring	79969
gaming devices and equipment to meet the standards of this state;	79970

(9) Tournament play in any casino facility;

79971

(10) Establishing and implementing a voluntary exclusion	79972
program that provides all of the following:	79973

(a) Except as provided by commission rule, a person who	79974
participates in the program shall agree to refrain from entering a	79975
casino facility.	79976

(b) The name of a person participating in the program shall	79977
be included on a list of persons excluded from all casino	79978
facilities.	79979

(c) Except as provided by commission rule, no person who	79980
participates in the program shall petition the commission for	79981
admittance into a casino facility.	79982

(d) The list of persons participating in the program and the	79983
personal information of those persons shall be confidential and	79984
shall only be disseminated by the commission to a casino operator	79985
and the agents and employees of the casino operator for purposes	79986
of enforcement and to other entities, upon request of the	79987
participant and agreement by the commission.	79988

(e) A casino operator shall make all reasonable attempts as	79989
determined by the commission to cease all direct marketing efforts	79990
to a person participating in the program.	79991

(f) A casino operator shall not cash the check of a person	79992
participating in the program or extend credit to the person in any	79993
manner. However, the program shall not exclude a casino operator	79994
from seeking the payment of a debt accrued by a person before	79995
participating in the program.	79996

(g) Any and all locations at which a person may register as a	79997
participant in the program shall be published.	79998

(11) Requiring the commission to adopt standards regarding	79999
the marketing materials of a licensed casino operator, including	80000
allowing the commission to prohibit marketing materials that are	80001
contrary to the adopted standards;	80002

(12) Requiring that the records, including financial	80003
statements, of any casino operator, management company, holding	80004
company, and gaming-related vendor be maintained in the manner	80005
prescribed by the commission and made available for inspection	80006
upon demand by the commission, but shall be subject to section	80007
3772.16 of the Revised Code;	80008

(13) Permitting a licensed casino operator, management	80009
company, key employee, or casino gaming employee to question a	80010
person suspected of violating this chapter;	80011

(14) The chips, tokens, tickets, electronic cards, or similar	80012
objects that may be purchased by means of an agreement under which	80013
credit is extended to a wagerer by a casino operator;	80014

(15) Establishing standards for provisional key employee	80015
licenses for a person who is required to be licensed as a key	80016
employee and is in exigent circumstances and standards for	80017
provisional licenses for casino gaming employees who submit	80018
complete applications and are compliant under an instant	80019
background check. A provisional license shall be valid not longer	80020
than three months. A provisional license may be renewed one time,	80021
at the commission's discretion, for an additional three months. In	80022
establishing standards with regard to instant background checks	80023
the commission shall take notice of criminal records checks as	80024
they are conducted under section 311.41 of the Revised Code using	80025
electronic fingerprint reading devices.	80026

(16) Establishing approval procedures for third-party	80027
engineering or accounting firms, as described in section 3772.09	80028
of the Revised Code;	80029

(17) Prescribing the manner in which winnings, compensation	80030
from casino gaming, and gross revenue must be computed and	80031
reported by a licensee as described in Chapter 5753. of the	80032
Revised Code;	80033

(18) Prescribing conditions under which a licensee's license	80034
may be suspended or revoked as described in section 3772.04 of the	80035
Revised Code;	80036

(19) Prescribing the manner and procedure of all hearings to	80037
be conducted by the commission or by any hearing examiner;	80038

(20) Prescribing technical standards and requirements that	80039
are to be met by security and surveillance equipment that is used	80040
at and standards and requirements to be met by personnel who are	80041
employed at casino facilities, and standards and requirements for	80042
the provision of security at and surveillance of casino	80043
facilities;. Such standards and requirements may require the	80044
casino operator, holding company, or management company to install	80045
security and surveillance equipment where any chips, tokens,	80046
tickets, electronic cards, or similar objects may be redeemed for	80047
cash, whether by a casino gaming employee or by electronic means,	80048
that shall capture, for law enforcement purposes, facial feature	80049
pattern characteristics, including a computerized facial image,	80050
and that shall require such records to be retained for at least	80051
five years. The commission may secure, by agreement, information	80052
and services as the commission considers necessary from any state	80053
agency or other unit of state government. All costs related to the	80054
installation of security and surveillance equipment shall be the	80055
responsibility of the casino operator, holding company, or	80056
management company.	80057

(21) Prescribing requirements for a casino operator to	80058
provide unarmed security services at a casino facility by licensed	80059
casino employees, and the training that shall be completed by	80060
these employees;	80061

(22) Prescribing standards according to which casino	80062
operators shall keep accounts and standards according to which	80063
casino accounts shall be audited, and establish means of assisting	80064
the tax commissioner in levying and collecting the gross casino	80065
revenue tax levied under section 5753.02 of the Revised Code;	80066

(23) Defining penalties for violation of commission rules and	80067
a process for imposing such penalties subject to the review of the	80068
joint committee on gaming and wagering;	80069

(24) Establishing standards for decertifying contractors that	80070
violate statutes or rules of this state or the federal government;	80071

(25) Establishing standards for the repair of casino gaming	80072
equipment;	80073

(26) Establishing procedures to ensure that casino operators,	80074
management companies, and holding companies are compliant with the	80075
compulsive and problem gambling plan submitted under section	80076
3772.18 of the Revised Code;	80077

(27) Prescribing, for institutional investors in or holding	80078
companies of a casino operator, management company, holding	80079
company, or gaming-related vendor that fall below the threshold	80080
needed to be considered an institutional investor or a holding	80081
company, standards regarding what any employees, members, or	80082
owners of those investors or holding companies may do and shall	80083
not do in relation to casino facilities and casino gaming in this	80084
state, which standards shall rationally relate to the need to	80085
proscribe conduct that is inconsistent with passive institutional	80086
investment status;	80087

(28) Providing for any other thing necessary and proper for	80088
successful and efficient regulation of casino gaming under this	80089
chapter.	80090

(E) The commission shall employ and assign gaming agents as	80091
necessary to assist the commission in carrying out the duties of	80092
this chapter. In order to maintain employment as a gaming agent,	80093
the gaming agent shall successfully complete all continuing	80094
training programs required by the commission and shall not have	80095
been convicted of or pleaded guilty or no contest to a	80096
disqualifying offense as defined in section 3772.07 of the Revised	80097
Code.	80098

(F) The commission, as a law enforcement agency, and its	80099
gaming agents, as law enforcement officers as defined in section	80100
2901.01 of the Revised Code, shall have authority with regard to	80101
the detection and investigation of, the seizure of evidence	80102
allegedly relating to, and the apprehension and arrest of persons	80103
allegedly committing gaming offenses, and shall have access to	80104
casino facilities to carry out the requirements of this chapter.	80105

(G) The commission may eject or exclude or authorize the	80106
ejection or exclusion of and a gaming agent may eject a person	80107
from a casino facility for any of the following reasons:	80108

(1) The person's name is on the list of persons voluntarily	80109
excluding themselves from all casinos in a program established	80110
according to rules adopted by the commission;	80111

(2) The person violates or conspires to violate this chapter	80112
or a rule adopted thereunder; or	80113

(3) The commission determines that the person's conduct or	80114
reputation is such that the person's presence within a casino	80115
facility may call into question the honesty and integrity of the	80116
casino gaming operations or interfere with the orderly conduct of	80117
the casino gaming operations.	80118

(H) A person, other than a person participating in a	80119
voluntary exclusion program, may petition the commission for a	80120
public hearing on the person's ejection or exclusion under this	80121
chapter.	80122

(I) A casino operator or management company shall have the	80123
same authority to eject or exclude a person from the management	80124
company's casino facilities as authorized in division (G) of this	80125
section. The licensee shall immediately notify the commission of	80126
an ejection or exclusion.	80127

(J) The commission shall submit a written annual report with	80128
the governor, president and minority leader of the senate, speaker	80129
and minority leader of the house of representatives, and joint	80130
committee on gaming and wagering before the first day of September	80131
each year. The annual report shall include a statement describing	80132
the receipts and disbursements of the commission, relevant	80133
financial data regarding casino gaming, including gross revenues	80134
and disbursements made under this chapter, actions taken by the	80135
commission, an update on casino operators', management companies',	80136
and holding companies' compulsive and problem gambling plans and	80137
the voluntary exclusion program and list, and any additional	80138
information that the commission considers useful or that the	80139
governor, president or minority leader of the senate, speaker or	80140
minority leader of the house of representatives, or joint	80141
committee on gaming and wagering requests.	80142

(K) Notwithstanding any law to the contrary, beginning on	80143
July 1, 2011, the commission shall assume jurisdiction over and	80144
oversee the regulation of skill-based amusement machines as is	80145
provided in the law of this state.	80146

Sec. 3772.062. (A) The executive director of the commission	80147
shall enter into an agreement with the department of ~~alcohol and~~	80148
~~drug addiction services~~mental health and addiction services under	80149
which the department provides a program of gambling and addiction	80150
services on behalf of the commission.	80151

(B) The executive director of the commission, in conjunction	80152
with the department of ~~alcohol and drug addiction services~~mental	80153
health and addiction services and the state lottery commission,	80154
shall establish, operate, and publicize an in-state, toll-free	80155
telephone number Ohio residents may call to obtain basic	80156
information about problem gambling, the gambling addiction	80157
services available to problem gamblers, and how a problem gambler	80158
may obtain help. The telephone number shall be staffed twenty-four	80159
hours per day, seven days a week, to respond to inquiries and	80160
provide that information. The costs of establishing, operating,	80161
and publicizing the telephone number shall be paid for with money	80162
in the problem casino gambling and addictions fund.	80163

Sec. 3772.24. (A) An employee of a casino facility who is	80164
between eighteen and twenty-one years of age may be present in the	80165
area of a casino facility where casino gaming is being conducted,	80166
as long as the employee's duties are related solely to nongaming	80167
activities. An individual who is less than twenty-one years of age	80168
may enter a designated area of a casino facility where casino	80169
gaming is being conducted, as established by the commission, to	80170
pass to another area where casino gaming is not being conducted,	80171
but only if the individual is personally escorted by licensed	80172
casino personnel, as approved by the commission, who at all times	80173
remain in close proximity to the individual. An individual who is	80174
less than twenty-one years of age shall not make a wager under	80175
this chapter.	80176

(B) Casino operators shall notify the commission of the days	80177
and hours during which casino gaming will be conducted.	80178

Sec. 3772.36. (A) There is hereby created in the state	80179
treasury the casino control commission enforcement fund. All	80180
moneys that are derived from any fines, mandatory fines, or	80181
forfeited bail to which the commission may be entitled under this	80182
chapter and all moneys that are derived from forfeitures of	80183
property to which the commission may be entitled under this	80184
chapter or Chapter 2981. of the Revised Code, any other provision	80185
of the Revised Code, or federal law shall be deposited into the	80186
fund. Subject to division (B) of this section and divisions (B),	80187
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	80188
the fund shall be used solely to subsidize the commission's	80189
division of enforcement and its efforts to ensure the integrity of	80190
casino gaming.	80191

(B) Notwithstanding any contrary provision in the Revised	80192
Code, moneys that are derived from forfeitures of property under	80193
federal law and that are deposited into the casino control	80194
commission enforcement fund in accordance with division (A) of	80195
this section shall be used and accounted for in accordance with	80196
the applicable federal law, and the commission otherwise shall	80197
comply with federal law in connection with that money.	80198

Sec. 3781.112. (A) As used in this section, "secured	80199
facility" means any of the following:	80200

(1) A maternity unit, newborn care nursery, or maternity home	80201
licensed under Chapter 3711. of the Revised Code;	80202

(2) A pediatric intensive care unit subject to rules adopted	80203
by the director of health pursuant to section 3702.11 of the	80204
Revised Code;	80205

(3) A children's hospital, as defined in section 3727.01 of	80206
the Revised Code;	80207

(4) A hospital that is licensed under section ~~5119.20~~5119.33	80208
of the Revised Code to receive mentally ill persons;	80209

(5) The portion of a nursing home licensed under section	80210
3721.02 of the Revised Code or in accordance with section 3721.09	80211
of the Revised Code in which specialized care is provided to	80212
residents of the nursing home who have physical or mental	80213
conditions that require a resident to be restricted in the	80214
resident's freedom of movement for the health and safety of the	80215
resident, the staff attending the resident, or the general public.	80216

(B) A secured facility may take reasonable steps in	80217
accordance with rules the board of building standards adopts under	80218
division (A) of section 3781.10 of the Revised Code and in	80219
accordance with the state fire code the fire marshal adopts under	80220
section 3737.82 of the Revised Code, to deny egress to confine and	80221
protect patients or residents of the secured facility who are not	80222
capable of self-preservation. A secured facility that wishes to	80223
deny egress to those patients or residents may use delayed-egress	80224
doors and electronically coded doors to deny egress, on the	80225
condition that those doors are installed and used in accordance	80226
with rules the board of building standards adopts under division	80227
(A) of section 3781.10 of the Revised Code and in accordance with	80228
the state fire code the fire marshal adopts under section 3737.82	80229
of the Revised Code. A secured facility also may install	80230
controlled-egress locks, in compliance with rules the board of	80231
building standards adopts under division (A) of section 3781.10 of	80232
the Revised Code and in compliance with the state fire code the	80233
fire marshal adopts under section 3737.82 of the Revised Code, in	80234
areas of the secured facility where patients or residents who have	80235
physical or mental conditions that would endanger the patients or	80236
residents, the staff attending the patients or residents, or the	80237
general public if those patients or residents are not restricted	80238
in their freedom of movement. A secured facility that uses	80239
delayed-egress doors and electronically coded doors,	80240
controlled-egress locks, or both, shall do both of the following:	80241

(1) Provide continuous, twenty-four-hour custodial care to	80242
the patients or residents of the facility;	80243

(2) Establish a system to evacuate patients or residents in	80244
the event of fire or other emergency.	80245

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	80246
3795.03 of the Revised Code:	80247

(A) "Assist suicide" or "assisting suicide" means knowingly	80248
doing either of the following, with the purpose of helping another	80249
person to commit or attempt suicide:	80250

(1) Providing the physical means by which the person commits	80251
or attempts to commit suicide;	80252

(2) Participating in a physical act by which the person	80253
commits or attempts to commit suicide.	80254

(B) "Certified nurse practitioner," "certified	80255
nurse-midwife," and "clinical nurse specialist" have the same	80256
meanings as in section 4723.01 of the Revised Code.	80257

(C) "CPR" has the same meaning as in section 2133.21 of the	80258
Revised Code.	80259

(D) "Health care" means any care, treatment, service, or	80260
procedure to maintain, diagnose, or treat a person's physical or	80261
mental condition.	80262

(E) "Health care decision" means informed consent, refusal to	80263
give informed consent, or withdrawal of informed consent to health	80264
care.	80265

(F) "Health care facility" means any of the following:

80266

(1) A hospital;

80267

(2) A hospice care program or pediatric respite care program	80268
as defined in section 3712.01 of the Revised Code;	80269

(3) A nursing home;

80270

(4) A home health agency;

80271

(5) An intermediate care facility for ~~the mentally retarded~~	80272
individuals with intellectual disabilities.	80273

(G) "Health care personnel" means physicians, nurses,	80274
physician assistants, emergency medical technicians-basic,	80275
emergency medical technicians-intermediate, emergency medical	80276
technicians-paramedic, medical technicians, dietitians, other	80277
authorized persons acting under the direction of an attending	80278
physician, and administrators of health care facilities.	80279

(H) "Physician" means a person who is authorized under	80280
Chapter 4731. of the Revised Code to practice medicine and surgery	80281
or osteopathic medicine and surgery.	80282

Sec. 3798.01. As used in this chapter:

80283

(A) "Administrative safeguards," "physical safeguards," and	80284
"technical safeguards" have the same meanings as in 45 C.F.R.	80285
164.304.	80286

(B) "Approved health information exchange" means a health	80287
information exchange that has been approved or reapproved by the	80288
medicaid director ~~of job and family services~~ pursuant to the	80289
approval or reapproval process, as applicable, the director	80290
establishes in rules adopted under division (A) of section 3798.15	80291
of the Revised Code or that has been certified by the office of	80292
the national coordinator for health information technology in the	80293
United States department of health and human services.	80294

(C) "Covered entity," "disclosure," "health care provider,"	80295
"health information," "individually identifiable health	80296
information," "protected health information," and "use" have the	80297
same meanings as in 45 C.F.R. 160.103.	80298

(D) "Designated record set" has the same meaning as in 45	80299
C.F.R. 164.501.	80300

(E) "Direct exchange" means the activity of electronic	80301
transmission of health information through a direct connection	80302
between the electronic record systems of health care providers	80303
without the use of a health information exchange.	80304

(F) "Health care component" and "hybrid entity" have the same	80305
meanings as in 45 C.F.R. 164.103.	80306

(G) "Health information exchange" means any person or	80307
governmental entity that provides in this state a technical	80308
infrastructure to connect computer systems or other electronic	80309
devices used by covered entities to facilitate the secure	80310
transmission of health information. "Health information exchange"	80311
excludes health care providers engaged in direct exchange,	80312
including direct exchange through the use of a health information	80313
service provider.	80314

(H) "HIPAA privacy rule" means the standards for privacy of	80315
individually identifiable health information in 45 C.F.R. part 160	80316
and in 45 C.F.R. part 164, subparts A and E.	80317

(I) "Interoperability" means the capacity of two or more	80318
information systems to exchange information in an accurate,	80319
effective, secure, and consistent manner.	80320

(J) "Minor" means an unemancipated person under eighteen	80321
years of age or a mentally or physically disabled person under	80322
twenty-one years of age who meets criteria specified in rules	80323
adopted by the medicaid director ~~of job and family services~~ under	80324
section 3798.13 of the Revised Code.	80325

(K) "More stringent" has the same meaning as in 45 C.F.R.	80326
160.202.	80327

(L) "Office of health transformation" means the office of	80328
health transformation created by executive order 2011-02K or a	80329
successor governmental entity responsible for health system	80330
oversight in this state.	80331

(M) "Personal representative" means a person who has	80332
authority under applicable law to make decisions related to health	80333
care on behalf of an adult or emancipated minor, or the parent,	80334
legal guardian, or other person acting in loco parentis who is	80335
authorized under law to make health care decisions on behalf of an	80336
unemancipated minor. "Personal representative" does not include	80337
the parent or legal guardian of, or another person acting in loco	80338
parentis to, a minor who consents to the minor's own receipt of	80339
health care or a minor who makes medical decisions on the minor's	80340
own behalf pursuant to law, court approval, or because the minor's	80341
parent, legal guardian, or other person acting in loco parentis	80342
has assented to an agreement of confidentiality between the	80343
provider and the minor.	80344

(N) "Political subdivision" means a municipal corporation,	80345
township, county, school district, or other body corporate and	80346
politic responsible for governmental activities in a geographic	80347
area smaller than that of the state.	80348

(O) "State agency" means any one or more of the following:

80349

(1) The department of administrative services;

80350

(2) The department of aging;

80351

~~(2)~~(3) The department of ~~alcohol and drug addiction services~~	80352
mental health and addiction services;	80353

~~(3)~~(4) The department of developmental disabilities;

80354

~~(4)~~(5) The department of education;

80355

~~(5)~~(6) The department of health;

80356

~~(6)~~(7) The department of insurance;

80357

~~(7)~~(8) The department of job and family services;

80358

~~(8)~~(9) The department of ~~mental health~~medicaid;

80359

~~(9)~~(10) The department of rehabilitation and correction;

80360

~~(10)~~(11) The department of youth services;

80361

~~(11)~~(12) The bureau of workers' compensation;

80362

~~(12)~~(13) The ~~rehabilitation services commission~~opportunities	80363
for Ohioans with disabilities agency;	80364

~~(13)~~(14) The office of the attorney general;

80365

~~(14)~~(15) A health care licensing board created under Title	80366
XLVII of the Revised Code that possesses individually identifiable	80367
health information.	80368

Sec. 3798.10. (A) Not later than six months after ~~the~~	80369
~~effective date of this section~~September 10, 2012, the medicaid	80370
director ~~of job and family services~~, in consultation with the	80371
office of health transformation, shall prescribe by rules adopted	80372
in accordance with Chapter 119. of the Revised Code a standard	80373
authorization form for the use and disclosure of protected health	80374
information by covered entities in this state. The form shall meet	80375
all requirements specified in 45 C.F.R. 164.508 and, where	80376
applicable, 42 C.F.R. part 2.	80377

(B) If a form the medicaid director prescribes under division	80378
(A) of this section is properly executed by an individual or the	80379
individual's personal representative, it shall be accepted by any	80380
person or governmental entity in this state as valid authorization	80381
for the use or disclosure of the individual's protected health	80382
information to the persons or governmental entities specified in	80383
the form.	80384

(C) This section does not preclude a person or governmental	80385
entity from accepting as valid authorization for the use or	80386
disclosure of protected health information a form other than the	80387
form prescribed under division (A) of this section if the other	80388
form meets all requirements specified in 45 C.F.R. 164.508 and, if	80389
applicable, 42 C.F.R. part 2.	80390

Sec. 3798.13. The medicaid director ~~of job and family~~	80391
~~services~~ shall adopt rules for purposes of specifying the criteria	80392
a person who is mentally or physically disabled and who is under	80393
twenty-one years of age must meet to be considered a minor for	80394
purposes of sections 3798.07 and 3798.12 of the Revised Code.	80395

Sec. 3798.14. (A) The medicaid director ~~of job and family~~	80396
~~services~~, in consultation with the office of health	80397
transformation, shall adopt rules in accordance with Chapter 119.	80398
of the Revised Code for the purpose of establishing standards the	80399
director must use to approve health information exchanges	80400
operating in this state. The rules shall not be adopted until the	80401
earlier of sixty days following the adoption of a federal	80402
certification process for health information exchanges by the	80403
office of the national coordinator for health information	80404
technology in the United States department of health and human	80405
services or January 1, 2013. Subject to division (B) of this	80406
section, the rules may include standards and procedures to be	80407
followed by a health information exchange regarding the following:	80408

(1) Access to and use and disclosure of protected health	80409
information maintained by or on an approved health information	80410
exchange;	80411

(2) Demonstration of adequate financial resources to sustain	80412
continued operations in compliance with the rules adopted under	80413
this section;	80414

(3) Participation in outreach activities for individuals and	80415
covered entities;	80416

(4) Conduct of operations in a transparent manner to promote	80417
consumer confidence;	80418

(5) Implementation of security breach notification	80419
procedures.	80420

(B) The rules the medicaid director adopts pursuant to	80421
division (A) of this section shall be consistent with	80422
certification standards for health information exchanges	80423
established in federal statutes and regulations, including	80424
nationally recognized standards for interoperability.	80425

Sec. 3798.15. (A) The medicaid director ~~of job and family~~	80426
~~services~~, in consultation with the office of health	80427
transformation, shall adopt rules in accordance with Chapter 119.	80428
of the Revised Code for the purpose of establishing processes for	80429
all of the following:	80430

(1) A health information exchange to obtain approval to	80431
operate as an approved health information exchange in this state	80432
and, at times specified by the director, obtain reapproval of such	80433
status;	80434

(2) The director to investigate and resolve concerns and	80435
complaints submitted to the director regarding an approved health	80436
information exchange;	80437

(3) A health information exchange to apply for	80438
reconsideration of a decision the director makes under a process	80439
established under division (A)(1) or (2) of this section;	80440

(4) Covered entities and approved health information	80441
exchanges to enter into participation agreements and enforce the	80442
terms of such agreements.	80443

(B) Any decision the medicaid director makes in relation to a	80444
request for reconsideration made in accordance with rules adopted	80445
under division (A)(3) of this section is not subject to appeal	80446
under Chapter 119. of the Revised Code.	80447

Sec. 3798.16. (A) The medicaid director of job and family	80448
services, in consultation with the office of health	80449
transformation, shall adopt rules in accordance with Chapter 119.	80450
of the Revised Code for the purpose of specifying the content of	80451
agreements governing covered entities' participation in approved	80452
health information exchanges. At a minimum, the rules shall	80453
require the content of such participation agreements to include	80454
all of the following:	80455

(1) Procedures for a covered entity to disclose an	80456
individual's protected health information to an approved health	80457
information exchange;	80458

(2) Procedures for a covered entity to access an individual's	80459
protected health information from an approved health information	80460
exchange;	80461

(3) Subject to division (B) of this section, a written notice	80462
to be provided by a covered entity to an individual or the	80463
individual's personal representative prior to the covered entity's	80464
disclosure of the individual's protected health information to an	80465
approved health information exchange;	80466

(4) Documentation the covered entity must use to verify that	80467
a notice described in division (A)(3) of this section has been	80468
provided by the covered entity to an individual or the	80469
individual's personal representative prior to the disclosure of	80470
the individual's protected health information to an approved	80471
health information exchange;	80472

(5) Procedures for an individual or the individual's personal	80473
representative to submit to the covered entity a written request	80474
to place restrictions on the covered entity's disclosure of	80475
protected health information to the approved health information	80476
exchange;	80477

(6) The standards a covered entity must use to determine	80478
whether, and to what extent, to comply with a written request	80479
described in division (A)(5) of this section;	80480

(7) The purposes for which a covered entity may access and	80481
use protected health information from the approved health	80482
information exchange.	80483

(B) With respect to the written notice described in division	80484
(A)(3) of this section, the rules may specify that the notice can	80485
be incorporated into the covered entity's notice of privacy	80486
practices required by 45 C.F.R. 164.520 and shall specify that the	80487
notice include the following statements:	80488

(1) The individual's protected health information will be	80489
disclosed to the approved health information exchange to	80490
facilitate the provision of health care to the individual.	80491

(2) The approved health information exchange maintains	80492
appropriate administrative, physical, and technical safeguards to	80493
protect the privacy and security of protected health information.	80494

(3) Only authorized individuals may access and use protected	80495
health information from the approved health information exchange.	80496

(4) The individual or the individual's personal	80497
representative has the right to request in writing that the	80498
covered entity do either or both of the following:	80499

(a) Not disclose any of the individual's protected health	80500
information to the approved health information exchange;	80501

(b) Not disclose specific categories of the individual's	80502
protected health information to the approved health information	80503
exchange.	80504

(5) Any restrictions on the disclosure of protected health	80505
information an individual requests as described in either division	80506
(B)(4)(a) or (b) of this section may result in a health care	80507
provider not having access to information that is necessary for	80508
the provider to render appropriate care to the individual.	80509

(6) Any restrictions on the disclosure of protected health	80510
information an individual requests as described in division	80511
(B)(4)(a) of this section must be honored by the covered entity.	80512

(7) Any restrictions on the disclosure of protected health	80513
information an individual requests as described in division	80514
(B)(4)(b) of this section must be honored if the restriction is	80515
consistent with rules adopted under this chapter.	80516

(C) In adopting standards under division (A)(6) of this	80517
section, the medicaid director shall take into consideration the	80518
technical capabilities of software available to health information	80519
exchanges."	80520

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	80521
the Revised Code do not apply to the following:	80522

(A) Policies offering coverage that is regulated under	80523
Chapters 3935. and 3937. of the Revised Code;	80524

(B) An employer's self-insurance plan and any of its	80525
administrators, as defined in section 3959.01 of the Revised Code,	80526
to the extent that federal law supersedes, preempts, prohibits, or	80527
otherwise precludes the application of any provisions of those	80528
sections to the plan and its administrators;	80529

(C) A third-party payer for coverage provided under the	80530
medicare advantage program operated under Title XVIII of the	80531
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	80532
amended;	80533

(D) A third-party payer for coverage provided under the	80534
medicaid program ~~operated under Title XIX of the "Social Security~~	80535
~~Act~~," except that if a federal waiver applied for under section	80536
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	80537
director ~~of job and family services~~ determines that this provision	80538
can be implemented without a waiver, sections 3901.38 and 3901.381	80539
to 3901.3813 of the Revised Code apply to claims submitted	80540
electronically or non-electronically that are made with respect to	80541
coverage of medicaid recipients by health insuring corporations	80542
licensed under Chapter 1751. of the Revised Code, instead of the	80543
prompt payment requirements of 42 C.F.R. 447.46;	80544

(E) A third-party payer for coverage provided under the	80545
tricare program offered by the United States department of	80546
defense.	80547

Sec. 3903.14. (A) The superintendent of insurance as	80548
rehabilitator may appoint one or more special deputies, who shall	80549
have all the powers and responsibilities of the rehabilitator	80550
granted under this section, and the superintendent may employ such	80551
clerks and assistants as considered necessary. The compensation of	80552
the special deputies, clerks, and assistants and all expenses of	80553
taking possession of the insurer and of conducting the proceedings	80554
shall be fixed by the superintendent, with the approval of the	80555
court and shall be paid out of the funds or assets of the insurer.	80556
The persons appointed under this section shall serve at the	80557
pleasure of the superintendent. In the event that the property of	80558
the insurer does not contain sufficient cash or liquid assets to	80559
defray the costs incurred, the superintendent may advance the	80560
costs so incurred out of any appropriation for the maintenance of	80561
the department of insurance. Any amounts so advanced for expenses	80562
of administration shall be repaid to the superintendent for the	80563
use of the department out of the first available money of the	80564
insurer.	80565

(B) The rehabilitator may take such action as the	80566
rehabilitator considers necessary or appropriate to reform and	80567
revitalize the insurer. The rehabilitator shall have all the	80568
powers of the directors, officers, and managers, whose authority	80569
shall be suspended, except as they are redelegated by the	80570
rehabilitator. The rehabilitator shall have full power to direct	80571
and manage, to hire and discharge employees subject to any	80572
contract rights they may have, and to deal with the property and	80573
business of the insurer.	80574

(C) If it appears to the rehabilitator that there has been	80575
criminal or tortious conduct, or breach of any contractual or	80576
fiduciary obligation detrimental to the insurer by any officer,	80577
manager, agent, director, trustee, broker, employee, or other	80578
person, the rehabilitator may pursue all appropriate legal	80579
remedies on behalf of the insurer.	80580

(D) If the rehabilitator determines that reorganization,	80581
consolidation, conversion, reinsurance, merger, or other	80582
transformation of the insurer is appropriate, the rehabilitator	80583
shall prepare a plan to effect such changes. Upon application of	80584
the rehabilitator for approval of the plan, and after such notice	80585
and hearings as the court may prescribe, the court may either	80586
approve or disapprove the plan proposed, or may modify it and	80587
approve it as modified. Any plan approved under this section shall	80588
be, in the judgment of the court, fair and equitable to all	80589
parties concerned. If the plan is approved, the rehabilitator	80590
shall carry out the plan. In the case of a life insurer, the plan	80591
proposed may include the imposition of liens upon the policies of	80592
the company, if all rights of shareholders are first relinquished.	80593
A plan for a life insurer may also propose imposition of a	80594
moratorium upon loan and cash surrender rights under policies, for	80595
such period and to such an extent as may be necessary.	80596

(E) In the case of a medicaid health insuring corporation	80597
that has posted a bond or deposited securities in accordance with	80598
section 1751.271 of the Revised Code, the plan proposed under	80599
division (D) of this section may include the use of the proceeds	80600
of the bond or securities to first pay the claims of contracted	80601
providers for covered health care services provided to medicaid	80602
recipients, then next to pay other claimants with any remaining	80603
funds, consistent with the priorities set forth in sections	80604
3903.421 and 3903.42 of the Revised Code.	80605

(F) The rehabilitator shall have the power under sections	80606
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	80607
transfers.	80608

(G) As used in this section:

80609

(1) "Contracted provider" means a provider with a contract	80610
with a medicaid health insuring corporation to provide covered	80611
health care services to medicaid recipients.	80612

(2) "Medicaid recipient" means a person ~~eligible for~~	80613
~~assistance under~~enrolled in the medicaid program ~~operated~~	80614
~~pursuant to Chapter 5111. of the Revised Code~~.	80615

Sec. 3905.40. There shall be paid to the superintendent of	80616
insurance the following fees:	80617

(A) Each insurance company doing business in this state shall	80618
pay:	80619

(1) For filing a copy of its charter or deed of settlement,	80620
two hundred fifty dollars;	80621

(2) For filing each statement, one hundred seventy-five	80622
dollars;	80623

(3) For each certificate of authority or license, one hundred	80624
seventy-five, and for each certified copy thereof, five dollars;	80625

(4) For each copy of a paper filed in the superintendent's	80626
office, twenty cents per page;	80627

(5) For issuing certificates of deposits or certified copies	80628
thereof, five dollars for the first certificate or copy and one	80629
dollar for each additional certificate or copy;	80630

(6) For issuing certificates of compliance or certified	80631
copies thereof, sixty dollars;	80632

(7) For affixing the seal of office and certifying documents,	80633
other than those enumerated herein, two dollars;	80634

(8) For each agent appointment and each annual renewal of an	80635
agent appointment, not more than twenty dollars;	80636

~~(9) For each termination of an agent appointment, five~~	80637
~~dollars~~.	80638

(B) Each domestic life insurance company doing business in	80639
this state shall pay for annual valuation of its policies, one	80640
cent on every one thousand dollars of insurance.	80641

(C) Each applicant for licensure as an insurance agent except	80642
applicants for licensure as surety bail bond agents, surplus line	80643
brokers, and portable electronics insurance vendors shall pay ten	80644
dollars for each line of authority requested. Fees collected under	80645
this division shall be credited to the department of insurance	80646
operating fund created in section 3901.021 of the Revised Code.	80647

(D) Each domestic mutual life insurance company shall pay for	80648
verifying that any amendment to its articles of incorporation was	80649
regularly adopted, two hundred fifty dollars with each application	80650
for verification. Any such amendment shall be considered to have	80651
been regularly adopted when approved by the affirmative vote of	80652
two-thirds of the policyholders present in person or by proxy at	80653
any annual meeting of policyholders or at a special meeting of	80654
policyholders called for that purpose.	80655

(E) Each insurance agent doing business in this state shall	80656
pay a biennial license renewal fee of twenty-five dollars, except	80657
the following insurance agents are not required to pay that	80658
license renewal fee:	80659

(1) Individual resident agents who have met their continuing	80660
education requirements under section 3905.481 of the Revised Code;	80661

(2) Surety bail bond agents;

80662

(3) Surplus line brokers;

80663

(4) Portable electronics insurance vendors.

80664

(F) Each applicant for licensure as a portable electronics	80665
insurance vendor with a portable electronics insurance limited	80666
lines license and each licensed vendor doing business in this	80667
state shall pay the following fees prescribed by the	80668
superintendent:	80669

(1) For vendors engaged in portable electronic transactions	80670
at more than ten locations in this state, an application fee not	80671
to exceed five thousand dollars for an initial license and a	80672
biennial license renewal fee not to exceed two thousand five	80673
hundred dollars for each renewal thereafter;	80674

(2) For vendors engaged in portable electronic transactions	80675
at ten or fewer locations in this state, an application fee not to	80676
exceed three thousand dollars for an initial license and a	80677
biennial license renewal fee not to exceed one thousand dollars	80678
for each renewal thereafter.	80679

(G) All fees collected by the superintendent under this	80680
section except any fees collected under divisions (A)(2), (3), and	80681
(6) of this section shall be credited to the department of	80682
insurance operating fund created under section 3901.021 of the	80683
Revised Code.	80684

Sec. 3905.483. (A) There is hereby created the insurance	80685
agent education advisory council to advise the superintendent of	80686
insurance in carrying out the duties imposed under sections	80687
3905.04 and 3905.481 to 3905.486 of the Revised Code.	80688

(B) The council shall be composed of the superintendent, or	80689
the superintendent's designee, and twelve members appointed by the	80690
superintendent, as follows:	80691

(1) One representative of the association of Ohio life	80692
insurance companies;	80693

(2) One representative of the independent insurance agents of	80694
Ohio;	80695

(3) One representative of the Ohio association of health	80696
underwriters;	80697

(4) One representative of the national association of	80698
insurance and financial advisors-Ohio;	80699

(5) One representative of the Ohio insurance institute;

80700

(6) One representative of the professional insurance agents	80701
association of Ohio;	80702

(7) One representative of the Ohio land title association;

80703

(8) Two insurance agents each of whom has been licensed	80704
continuously during the five-year period immediately preceding the	80705
agent's appointment;	80706

(9) One representative of an insurance company admitted to	80707
transact business in this state;	80708

(10) Two representatives of consumers, one of whom shall be	80709
at least ~~sixty~~fifty years of age.	80710

(C)(1) Of the initial eleven appointments made by the	80711
superintendent, three shall be for terms ending December 31, 1994,	80712
four shall be for terms ending December 31, 1995, and four shall	80713
be for terms ending December 31, 1996. Thereafter, terms of office	80714
shall be for three years, each term ending on the thirty-first day	80715
of December of the third year.	80716

(2) The initial appointment of the twelfth member made by the	80717
superintendent under division (B)(7) of this section, pursuant to	80718
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	80719
term ending December 31, 2003. Thereafter, the term of office	80720
shall be for three years, ending on the thirty-first day of	80721
December of the third year.	80722

(D) Each member shall hold office from the date of	80723
appointment until the end of the term for which the member was	80724
appointed. Any member appointed to fill a vacancy occurring prior	80725
to the expiration of the term for which the member's predecessor	80726
was appointed shall hold office for the remainder of such term.	80727
Any member shall continue in office subsequent to the expiration	80728
date of the member's term until the member's successor takes	80729
office, or until a period of sixty days has elapsed, whichever	80730
occurs first. A vacancy shall be filled in the same manner as the	80731
original appointment.	80732

(E) Initial appointments to the council shall be made no	80733
later than thirty days after April 16, 1993. The initial	80734
appointment of the twelfth member to the council under division	80735
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	80736
general assembly, shall be made no later than December 31, 2002.	80737

(F) Any member is eligible for reappointment. The	80738
superintendent, after notice and opportunity for a hearing, may	80739
remove for cause any member the superintendent appoints.	80740

(G) The superintendent or the superintendent's designee shall	80741
serve as chairperson of the council. Meetings shall be held upon	80742
the call of the chairperson and as may be provided by procedures	80743
adopted by the superintendent. Seven members of the council	80744
constitute a quorum.	80745

(H) Each member shall receive mileage and necessary and	80746
actual expenses while engaged in the business of the council.	80747

Sec. 3905.862. Upon the expiration or cancellation of a	80748
surety bail bond agent's appointment, the agent shall not engage	80749
or attempt to engage in any activity requiring such an	80750
appointment. However, an insurer that cancels the appointment of a	80751
surety bail bond agent may authorize the agent to continue to	80752
attempt the arrest and surrender of a defendant for whom a bail	80753
bond had been written prior to the cancellation and to seek	80754
discharge of forfeitures and judgments.	80755

~~An insurer that cancels the appointment of a surety bail bond~~	80756
~~agent or allows that appointment to expire shall pay to the~~	80757
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	80758
~~section 3905.40 of the Revised Code.~~	80759

Sec. 3916.06. (A)(1) With each application for a viatical	80760
settlement, a viatical settlement provider or viatical settlement	80761
broker shall disclose at least the following to a viator no later	80762
than the time all parties sign the application for the viatical	80763
settlement contract:	80764

(a) That there are possible alternatives to viatical	80765
settlement contracts, including any accelerated death benefits	80766
offered under the viator's policy;	80767

(b) That some or all of the proceeds of the viatical	80768
settlement may be subject to federal income taxation and state	80769
franchise and income taxation, and that assistance should be	80770
sought from a professional tax advisor;	80771

(c) That the proceeds of the viatical settlement could be	80772
subject to the claims of creditors;	80773

(d) That receipt of the proceeds of the viatical settlement	80774
may adversely affect the viator's eligibility for ~~medical~~	80775
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	80776
program or other government benefits or entitlements, and that	80777
advice should be obtained from the appropriate government	80778
agencies;	80779

(e) That the viator has a right to rescind the viatical	80780
settlement contract for at least fifteen calendar days after the	80781
viator receives the viatical settlement proceeds, as provided in	80782
section 3916.08 of the Revised Code. If the insured dies during	80783
the rescission period, the viatical settlement contract shall be	80784
deemed to have been rescinded, subject to repayment of all	80785
viatical settlement proceeds to the viatical settlement company.	80786

(f) That funds will be sent to the viator within three	80787
business days after the viatical settlement provider has received	80788
written acknowledgment from the insurer or group administrator	80789
that ownership of the policy or interest in the certificate has	80790
been transferred and that the beneficiary has been designated	80791
pursuant to the viatical settlement contract;	80792

(g) That entering into a viatical settlement contract may	80793
cause other rights or benefits, including conversion rights and	80794
waiver of premium benefits that may exist under the policy, to be	80795
forfeited by the viator and that assistance should be sought from	80796
a financial advisor.	80797

(h) That following execution of the viatical settlement	80798
contract, the viatical settlement provider or the authorized	80799
representative of the viatical settlement provider may contact the	80800
insured for the purpose of determining the insured's health status	80801
and to confirm the insured's residential or business address and	80802
telephone number or for other purposes permitted by law. Any such	80803
contact shall be limited to once in any three-month period if the	80804
insured has a life expectancy of more than one year or to once per	80805
month if the insured has a life expectancy of one year or less.	80806

(2) The viatical settlement provider or viatical settlement	80807
broker shall provide the disclosures under division (A)(1) of this	80808
section in a separate document that is signed by the viator and	80809
the viatical settlement provider or viatical settlement broker.	80810

(3) Disclosure to a viator under division (A)(1) of this	80811
section shall include distribution of a brochure describing the	80812
process of viatical settlements. The viatical settlement provider	80813
or viatical settlement broker shall use the NAIC's form for the	80814
brochure unless another form is developed or approved by the	80815
superintendent.	80816

(4) The disclosure document under division (A)(1) of this	80817
section shall contain the following language:	80818

"All medical, financial, or personal information solicited or	80819
obtained by a viatical settlement provider or viatical settlement	80820
broker about an insured, including the insured's identity or the	80821
identity of family members, a spouse, or a significant other may	80822
be disclosed as necessary to effect the viatical settlement	80823
between the viator and the viatical settlement provider. If you	80824
are asked to provide this information, you will be asked to	80825
consent to the disclosure. The information may be provided to	80826
someone who buys the policy or provides funds for the purchase.	80827
You may be asked to renew your permission to share information	80828
every two years."	80829

(B)(1) A viatical settlement provider shall disclose at least	80830
the following to a viator prior to the date the viatical	80831
settlement contract is signed by all the necessary parties:	80832

(a) The affiliation, if any, between the viatical settlement	80833
provider and the issuer of the policy to be viaticated;	80834

(b) The name, business address, and telephone number of the	80835
viatical settlement provider;	80836

(c) Regarding a viatical settlement broker, the amount and	80837
method of calculating the broker's compensation. As used in this	80838
division, "compensation" includes anything of value paid or given	80839
to a viatical settlement broker for the placement of a policy or	80840
certificate.	80841

(d) Any affiliations or contractual arrangements between the	80842
viatical settlement provider and the viatical settlement broker;	80843

(e) If a policy to be viaticated has been issued as a joint	80844
policy or involves family riders or any coverage of a life other	80845
than the insured under the policy to be viaticated, the possible	80846
loss of coverage on the other lives under the policy and that	80847
advice should be sought from the viator's insurance agent or the	80848
company issuing the policy;	80849

(f) The dollar amount of the current death benefit payable to	80850
the viatical settlement provider under the policy, and, if known,	80851
the availability of any additional guaranteed insurance benefits,	80852
the dollar amount of any accidental death and dismemberment	80853
benefits under the policy, and the extent to which the viator's	80854
interest in those benefits will be transferred as a result of the	80855
viatical settlement contract.	80856

(g) That an escrow agent shall provide escrow services to the	80857
parties pursuant to a written agreement, signed by the viatical	80858
settlement provider, the viatical settlement broker, and the	80859
viator. At the close of escrow, the escrow agent will distribute	80860
the proceeds of the sale to the viator, minus any compensation to	80861
be paid to any other persons who provided services and to whom the	80862
viator has agreed to compensate out of the gross amount offered by	80863
the viatical settlement purchaser. All persons receiving any form	80864
of compensation under the escrow agreement shall be clearly	80865
identified, including name, business address, telephone number,	80866
and tax identification number.	80867

(2) The viatical settlement broker shall disclose at least	80868
the following to a viator prior to the execution of the viatical	80869
settlement contract:	80870

(a) The name, business address, and telephone number of the	80871
viatical settlement broker;	80872

(b) A full, complete, and accurate description of all offers,	80873
counteroffers, acceptances, and rejections relating to the	80874
proposed viatical settlement contract;	80875

(c) Any affiliations or contractual agreements between the	80876
viatical settlement broker and any person making an offer in	80877
connection with the proposed viatical settlement contract;	80878

(d) The amount and method of calculating the viatical	80879
settlement broker's compensation and, if any portion of the	80880
viatical settlement broker's compensation is taken from the	80881
viatical settlement offer, the total amount of the viatical	80882
settlement offer and the viatical settlement broker's compensation	80883
as a percentage of that total. As used in this division,	80884
"compensation" includes anything of value paid or given to a	80885
viatical settlement broker related to the settlement of a policy.	80886

(3) The viatical settlement provider or viatical settlement	80887
broker shall conspicuously display the disclosures required under	80888
divisions (B)(1) and (2) of this section in the viatical	80889
settlement contract or in a separate document signed by the viator	80890
and the viatical settlement provider or viatical settlement	80891
broker, as appropriate.	80892

(C) If the viatical settlement provider transfers ownership	80893
or changes the beneficiary of the policy, the viatical settlement	80894
provider shall communicate in writing the change in ownership or	80895
beneficiary to the insured within twenty days after the change.	80896

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	80897
Revised Code, every certificate furnished by an insurer in	80898
connection with, or pursuant to any provision of, any group	80899
sickness and accident insurance policy delivered, issued for	80900
delivery, renewed, or used in this state on or after January 1,	80901
1972, every policy of sickness and accident insurance delivered,	80902
issued for delivery, renewed, or used in this state on or after	80903
January 1, 1972, and every multiple employer welfare arrangement	80904
offering an insurance program, which provides that coverage of an	80905
unmarried dependent child of a parent or legal guardian will	80906
terminate upon attainment of the limiting age for dependent	80907
children specified in the contract shall also provide in substance	80908
both of the following:	80909

(1) Once an unmarried child has attained the limiting age for	80910
dependent children, as provided in the policy, upon the request of	80911
the insured, the insurer shall offer to cover the unmarried child	80912
until the child attains twenty-eight years of age if all of the	80913
following are true:	80914

(a) The child is the natural child, stepchild, or adopted	80915
child of the insured.	80916

(b) The child is a resident of this state or a full-time	80917
student at an accredited public or private institution of higher	80918
education.	80919

(c) The child is not employed by an employer that offers any	80920
health benefit plan under which the child is eligible for	80921
coverage.	80922

(d) The child is not eligible for ~~coverage under~~ the medicaid	80923
program ~~established under Chapter 5111. of the Revised Code~~ or the	80924
medicare program ~~established under Title XVIII of the "Social~~	80925
~~Security Act," 42 U.S.C. 1395~~.	80926

(2) That attainment of the limiting age for dependent	80927
children shall not operate to terminate the coverage of a	80928
dependent child if the child is and continues to be both of the	80929
following:	80930

(a) Incapable of self-sustaining employment by reason of	80931
mental retardation or physical handicap;	80932

(b) Primarily dependent upon the policyholder or certificate	80933
holder for support and maintenance.	80934

(B) Proof of such incapacity and dependence for purposes of	80935
division (A)(2) of this section shall be furnished by the	80936
policyholder or by the certificate holder to the insurer within	80937
thirty-one days of the child's attainment of the limiting age.	80938
Upon request, but not more frequently than annually after the	80939
two-year period following the child's attainment of the limiting	80940
age, the insurer may require proof satisfactory to it of the	80941
continuance of such incapacity and dependency.	80942

(C) Nothing in this section shall require an insurer to cover	80943
a dependent child who is mentally retarded or physically	80944
handicapped if the contract is underwritten on evidence of	80945
insurability based on health factors set forth in the application,	80946
or if such dependent child does not satisfy the conditions of the	80947
contract as to any requirement for evidence of insurability or	80948
other provision of the contract, satisfaction of which is required	80949
for coverage thereunder to take effect. In any such case, the	80950
terms of the contract shall apply with regard to the coverage or	80951
exclusion of the dependent from such coverage. Nothing in this	80952
section shall apply to accidental death or dismemberment benefits	80953
provided by any such policy of sickness and accident insurance.	80954

(D) Nothing in this section shall do any of the following:

80955

(1) Require that any policy offer coverage for dependent	80956
children or provide coverage for an unmarried dependent child's	80957
children as dependents on the policy;	80958

(2) Require an employer to pay for any part of the premium	80959
for an unmarried dependent child that has attained the limiting	80960
age for dependents, as provided in the policy;	80961

(3) Require an employer to offer health insurance coverage to	80962
the dependents of any employee.	80963

(E) This section does not apply to any policies or	80964
certificates covering only accident, credit, dental, disability	80965
income, long-term care, hospital indemnity, medicare supplement,	80966
specified disease, or vision care; coverage under a	80967
one-time-limited-duration policy of not longer than six months;	80968
coverage issued as a supplement to liability insurance; insurance	80969
arising out of a workers' compensation or similar law; automobile	80970
medical-payment insurance; or insurance under which benefits are	80971
payable with or without regard to fault and that is statutorily	80972
required to be contained in any liability insurance policy or	80973
equivalent self-insurance.	80974

(F) As used in this section, "health benefit plan" has the	80975
same meaning as in section 3924.01 of the Revised Code and also	80976
includes both of the following:	80977

(1) A public employee benefit plan;

80978

(2) A health benefit plan as regulated under the "Employee	80979
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	80980

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	80981
Revised Code, any public employee benefit plan that provides that	80982
coverage of an unmarried dependent child will terminate upon	80983
attainment of the limiting age for dependent children specified in	80984
the plan shall also provide in substance both of the following:	80985

(1) Once an unmarried child has attained the limiting age for	80986
dependent children, as provided in the plan, upon the request of	80987
the employee, the public employee benefit plan shall offer to	80988
cover the unmarried child until the child attains twenty-eight	80989
years of age if all of the following are true:	80990

(a) The child is the natural child, stepchild, or adopted	80991
child of the employee.	80992

(b) The child is a resident of this state or a full-time	80993
student at an accredited public or private institution of higher	80994
education.	80995

(c) The child is not employed by an employer that offers any	80996
health benefit plan under which the child is eligible for	80997
coverage.	80998

(d) The child is not eligible for ~~coverage under~~ the medicaid	80999
program ~~established under Chapter 5111. of the Revised Code~~ or the	81000
medicare program ~~established under Title XVIII of the "Social~~	81001
~~Security Act," 42 U.S.C. 1395~~.	81002

(2) That attainment of the limiting age for dependent	81003
children shall not operate to terminate the coverage of a	81004
dependent child if the child is and continues to be both of the	81005
following:	81006

(a) Incapable of self-sustaining employment by reason of	81007
mental retardation or physical handicap;	81008

(b) Primarily dependent upon the plan member for support and	81009
maintenance.	81010

(B) Proof of incapacity and dependence for purposes of	81011
division (A)(2) of this section shall be furnished to the public	81012
employee benefit plan within thirty-one days of the child's	81013
attainment of the limiting age. Upon request, but not more	81014
frequently than annually, the public employee benefit plan may	81015
require proof satisfactory to it of the continuance of such	81016
incapacity and dependency.	81017

81018

(1) Require that any public employee benefit plan offer	81019
coverage for dependent children or provide coverage for an	81020
unmarried dependent child's children as dependents on the public	81021
employee benefit plan;	81022

(2) Require an employer to pay for any part of the premium	81023
for an unmarried dependent child that has attained the limiting	81024
age for dependents, as provided in the plan;	81025

(3) Require an employer to offer health insurance coverage to	81026
the dependents of any employee.	81027

(D) This section does not apply to any public employee	81028
benefit plan covering only accident, credit, dental, disability	81029
income, long-term care, hospital indemnity, medicare supplement,	81030
specified disease, or vision care; coverage under a	81031
one-time-limited-duration policy of not longer than six months;	81032
coverage issued as a supplement to liability insurance; insurance	81033
arising out of a workers' compensation or similar law; automobile	81034
medical-payment insurance; or insurance under which benefits are	81035
payable with or without regard to fault and which is statutorily	81036
required to be contained in any liability insurance policy or	81037
equivalent self-insurance.	81038

(E) As used in this section, "health benefit plan" has the	81039
same meaning as in section 3924.01 of the Revised Code and also	81040
includes both of the following:	81041

(1) A public employee benefit plan;

81042

(2) A health benefit plan as regulated under the "Employee	81043
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	81044

Sec. 3923.281. (A) As used in this section:

81045

(1) "Biologically based mental illness" means schizophrenia,	81046
schizoaffective disorder, major depressive disorder, bipolar	81047
disorder, paranoia and other psychotic disorders,	81048
obsessive-compulsive disorder, and panic disorder, as these terms	81049
are defined in the most recent edition of the diagnostic and	81050
statistical manual of mental disorders published by the American	81051
psychiatric association.	81052

(2) "Policy of sickness and accident insurance" has the same	81053
meaning as in section 3923.01 of the Revised Code, but excludes	81054
any hospital indemnity, medicare supplement, long-term care,	81055
disability income, one-time-limited-duration policy of not longer	81056
than six months, supplemental benefit, or other policy that	81057
provides coverage for specific diseases or accidents only; any	81058
policy that provides coverage for workers' compensation claims	81059
compensable pursuant to Chapters 4121. and 4123. of the Revised	81060
Code; and any policy that provides coverage to ~~beneficiaries~~	81061
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	81062
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	81063
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	81064
~~of job and family services under Chapter 5111. of the Revised Code~~	81065
recipients.	81066

(B) Notwithstanding section 3901.71 of the Revised Code, and	81067
subject to division (E) of this section, every policy of sickness	81068
and accident insurance shall provide benefits for the diagnosis	81069
and treatment of biologically based mental illnesses on the same	81070
terms and conditions as, and shall provide benefits no less	81071
extensive than, those provided under the policy of sickness and	81072
accident insurance for the treatment and diagnosis of all other	81073
physical diseases and disorders, if both of the following apply:	81074

(1) The biologically based mental illness is clinically	81075
diagnosed by a physician authorized under Chapter 4731. of the	81076
Revised Code to practice medicine and surgery or osteopathic	81077
medicine and surgery; a psychologist licensed under Chapter 4732.	81078
of the Revised Code; a professional clinical counselor,	81079
professional counselor, or independent social worker licensed	81080
under Chapter 4757. of the Revised Code; or a clinical nurse	81081
specialist licensed under Chapter 4723. of the Revised Code whose	81082
nursing specialty is mental health.	81083

(2) The prescribed treatment is not experimental or	81084
investigational, having proven its clinical effectiveness in	81085
accordance with generally accepted medical standards.	81086

(C) Division (B) of this section applies to all coverages and	81087
terms and conditions of the policy of sickness and accident	81088
insurance, including, but not limited to, coverage of inpatient	81089
hospital services, outpatient services, and medication; maximum	81090
lifetime benefits; copayments; and individual and family	81091
deductibles.	81092

(D) Nothing in this section shall be construed as prohibiting	81093
a sickness and accident insurance company from taking any of the	81094
following actions:	81095

(1) Negotiating separately with mental health care providers	81096
with regard to reimbursement rates and the delivery of health care	81097
services;	81098

(2) Offering policies that provide benefits solely for the	81099
diagnosis and treatment of biologically based mental illnesses;	81100

(3) Managing the provision of benefits for the diagnosis or	81101
treatment of biologically based mental illnesses through the use	81102
of pre-admission screening, by requiring beneficiaries to obtain	81103
authorization prior to treatment, or through the use of any other	81104
mechanism designed to limit coverage to that treatment determined	81105
to be necessary;	81106

(4) Enforcing the terms and conditions of a policy of	81107
sickness and accident insurance.	81108

(E) An insurer that offers any policy of sickness and	81109
accident insurance is not required to provide benefits for the	81110
diagnosis and treatment of biologically based mental illnesses	81111
pursuant to division (B) of this section if all of the following	81112
apply:	81113

(1) The insurer submits documentation certified by an	81114
independent member of the American academy of actuaries to the	81115
superintendent of insurance showing that incurred claims for	81116
diagnostic and treatment services for biologically based mental	81117
illnesses for a period of at least six months independently caused	81118
the insurer's costs for claims and administrative expenses for the	81119
coverage of all other physical diseases and disorders to increase	81120
by more than one per cent per year.	81121

(2) The insurer submits a signed letter from an independent	81122
member of the American academy of actuaries to the superintendent	81123
of insurance opining that the increase described in division	81124
(E)(1) of this section could reasonably justify an increase of	81125
more than one per cent in the annual premiums or rates charged by	81126
the insurer for the coverage of all other physical diseases and	81127
disorders.	81128

(3) The superintendent of insurance makes the following	81129
determinations from the documentation and opinion submitted	81130
pursuant to divisions (E)(1) and (2) of this section:	81131

(a) Incurred claims for diagnostic and treatment services for	81132
biologically based mental illnesses for a period of at least six	81133
months independently caused the insurer's costs for claims and	81134
administrative expenses for the coverage of all other physical	81135
diseases and disorders to increase by more than one per cent per	81136
year.	81137

(b) The increase in costs reasonably justifies an increase of	81138
more than one per cent in the annual premiums or rates charged by	81139
the insurer for the coverage of all other physical diseases and	81140
disorders.	81141

Any determination made by the superintendent under this	81142
division is subject to Chapter 119. of the Revised Code.	81143

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	81144
negotiate long-term care insurance on or after September 1, 2008,	81145
without completing an initial eight-hour partnership program	81146
training course as described in division (B) of this section.	81147

(2)(a) Any agent that sells, solicits, or negotiates any	81148
long-term care insurance shall complete at least four hours of	81149
continuing education in every twenty-four-month period commencing	81150
on the first day of January of the year immediately following the	81151
year of the issuance of the agent's license.	81152

(b) No agent shall fail to complete the continuing education	81153
requirements in division (A)(2)(a) of this section in the	81154
twenty-four-month period described in that division.	81155

(B) The initial training course and continuing education	81156
required under division (A) of this section may be approved by the	81157
superintendent of insurance as continuing education courses under	81158
sections 3905.481 to 3905.486 of the Revised Code and shall	81159
consist of combined topics related to long-term care insurance,	81160
long-term care services, and state long-term care insurance	81161
partnership programs, including all of the following:	81162

(1) State and federal regulations and requirements and the	81163
relationship between state long-term care insurance partnership	81164
programs and other public and private coverage of long-term care	81165
services, including medicaid;	81166

(2) Available long-term care services and providers;

81167

(3) Changes or improvements in long-term care services or	81168
providers;	81169

(4) Alternatives to the purchase of private long-term care	81170
insurance;	81171

(5) The effect of inflation on benefits and the importance of	81172
inflation protection;	81173

(6) Consumer suitability standards and guidelines;

81174

(7) Any other topics required by the superintendent.

81175

(C) The initial training and continuing education required by	81176
division (A) of this section shall not include training that is	81177
specific to a particular insurer or company product or that	81178
includes any sales or marketing information, materials, or	81179
training other than those required by state or federal law.	81180

(D) A resident agent shall satisfy the training and	81181
continuing education required by division (A) of this section by	81182
completing long-term care courses that are approved by the	81183
superintendent. A nonresident agent may satisfy the training and	81184
continuing education required by division (A) of this section by	81185
completing the training requirements in any other state, provided	81186
that the course is approved for credit by the insurance department	81187
of that state prior to the agent taking the course.	81188

(E) Each insurer shall obtain records of the initial training	81189
and continuing education completed by agents of that insurer	81190
pursuant to division (A) of this section as well as the training	81191
completed by the insurer's agents concerning the distribution of	81192
the insurer's partnership program policies and shall make those	81193
records available to the superintendent upon request.	81194

(F) Each insurer shall maintain records with respect to the	81195
training of its agents concerning the distribution of the	81196
insurer's partnership program policies. Each insurer shall provide	81197
documentation to the superintendent that will allow the	81198
superintendent to provide assurance to the medicaid director of	81199
~~job and family services~~ that agents have received the training	81200
required by this section and that agents have demonstrated an	81201
understanding of the partnership program policies and their	81202
relationship to public and private coverage of long-term care in	81203
this state, including medicaid. The superintendent may audit each	81204
insurer's records annually to verify that the insurer is	81205
maintaining the records required by this division. The	81206
superintendent shall make the records provided to the	81207
superintendent pursuant to division (E) of this section available	81208
to the director.	81209

Sec. 3923.49. The department of insurance shall establish an	81210
outreach program to educate consumers about the following:	81211

(A) The need for long-term care insurance;

81212

(B) Mechanisms for financing long-term care;

81213

81214

(D) The resource protection provided by the Ohio long-term	81215
care insurance program under section ~~5111.18~~5164.86 of the	81216
Revised Code;	81217

(E) That a consumer who purchased a long-term care insurance	81218
policy that does not meet the requirements of section 3923.50 of	81219
the Revised Code may purchase a policy that meets those	81220
requirements.	81221

The department shall develop and make available to consumers	81222
information to assist them in choosing long-term care insurance	81223
coverage.	81224

Sec. 3923.50. For the purposes of the Ohio long-term care	81225
insurance program established under section ~~5111.18~~5164.86 of the	81226
Revised Code, the department of insurance shall notify the	81227
department of ~~job and family services~~medicaid of all long-term	81228
care insurance policies that meet all of the following	81229
requirements:	81230

(A) Comply with sections 3923.41 to 3923.48 of the Revised	81231
Code and the rules adopted under section 3923.47 of the Revised	81232
Code;	81233

(B) Provide benefits for home and community-based services in	81234
addition to nursing home care;	81235

(C) Include case management services in its coverage of home	81236
and community-based services;	81237

(D) Provide five per cent inflation protection compounded	81238
annually;	81239

(E) Provide for the keeping of records and	81240
explanation-of-benefit reports on insurance payments that count	81241
toward resource exclusion for the ~~medical assistance~~medicaid	81242
program;	81243

(F) Provide the information the medicaid director ~~of job and~~	81244
~~family services~~ determines is necessary to document the extent of	81245
resource exclusion and to evaluate the Ohio long-term care	81246
insurance program;	81247

(G) Comply with other requirements established in rules	81248
adopted under this section.	81249

The superintendent of insurance shall adopt rules in	81250
accordance with Chapter 119. of the Revised Code establishing	81251
requirements under division (G) of this section that policies must	81252
meet to qualify under the Ohio long-term care insurance program.	81253
The superintendent shall consult with the departments of aging and	81254
~~job and family services~~medicaid in adopting those rules.	81255

Sec. 3923.601. (A)(1) This section applies to both of the	81256
following:	81257

(a) A sickness and accident insurer that issues or requires	81258
the use of a standardized identification card or an electronic	81259
technology for submission and routing of prescription drug claims	81260
pursuant to a policy, contract, or agreement for health care	81261
services;	81262

(b) A person that a sickness and accident insurer contracts	81263
with to issue a standardized identification card or an electronic	81264
technology described in division (A)(1)(a) of this section.	81265

(2) Notwithstanding division (A)(1) of this section, this	81266
section does not apply to the issuance or required use of a	81267
standardized identification card or an electronic technology for	81268
the submission and routing of prescription drug claims in	81269
connection with any of the following:	81270

(a) Any individual or group policy of sickness and accident	81271
insurance covering only accident, credit, dental, disability	81272
income, long-term care, hospital indemnity, medicare supplement,	81273
medicare, tricare, specified disease, or vision care; coverage	81274
under a one-time-limited-duration policy of not longer than six	81275
months; coverage issued as a supplement to liability insurance;	81276
insurance arising out of workers' compensation or similar law;	81277
automobile medical payment insurance; or insurance under which	81278
benefits are payable with or without regard to fault and which is	81279
statutorily required to be contained in any liability insurance	81280
policy or equivalent self-insurance.	81281

(b) Coverage provided under the medicaid~~, as defined in~~	81282
~~section 5111.01 of the Revised Code~~program.	81283

(c) Coverage provided under an employer's self-insurance plan	81284
or by any of its administrators, as defined in section 3959.01 of	81285
the Revised Code, to the extent that federal law supersedes,	81286
preempts, prohibits, or otherwise precludes the application of	81287
this section to the plan and its administrators.	81288

(B) A standardized identification card or an electronic	81289
technology issued or required to be used as provided in division	81290
(A)(1) of this section shall contain uniform prescription drug	81291
information in accordance with either division (B)(1) or (2) of	81292
this section.	81293

(1) The standardized identification card or the electronic	81294
technology shall be in a format and contain information fields	81295
approved by the national council for prescription drug programs or	81296
a successor organization, as specified in the council's or	81297
successor organization's pharmacy identification card	81298
implementation guide in effect on the first day of October most	81299
immediately preceding the issuance or required use of the	81300
standardized identification card or the electronic technology.	81301

(2) If the insurer or person under contract with the insurer	81302
to issue a standardized identification card or an electronic	81303
technology requires the information for the submission and routing	81304
of a claim, the standardized identification card or the electronic	81305
technology shall contain any of the following information:	81306

(a) The insurer's name;

81307

(b) The insured's name, group number, and identification	81308
number;	81309

(c) A telephone number to inquire about pharmacy-related	81310
issues;	81311

(d) The issuer's international identification number, labeled	81312
as "ANSI BIN" or "RxBIN";	81313

(e) The processor's control number, labeled as "RxPCN";

81314

(f) The insured's pharmacy benefits group number if different	81315
from the insured's medical group number, labeled as "RxGrp."	81316

(C) If the standardized identification card or the electronic	81317
technology issued or required to be used as provided in division	81318
(A)(1) of this section is also used for submission and routing of	81319
nonpharmacy claims, the designation "Rx" is required to be	81320
included as part of the labels identified in divisions (B)(2)(d)	81321
and (e) of this section if the issuer's international	81322
identification number or the processor's control number is	81323
different for medical and pharmacy claims.	81324

(D) Each sickness and accident insurer described in division	81325
(A) of this section shall annually file a certificate with the	81326
superintendent of insurance certifying that it or any person it	81327
contracts with to issue a standardized identification card or	81328
electronic technology for submission and routing of prescription	81329
drug claims complies with this section.	81330

(E)(1) Except as provided in division (E)(2) of this section,	81331
if there is a change in the information contained in the	81332
standardized identification card or the electronic technology	81333
issued to an insured, the insurer or person under contract with	81334
the insurer to issue a standardized identification card or an	81335
electronic technology shall issue a new card or electronic	81336
technology to the insured.	81337

(2) An insurer or person under contract with the insurer is	81338
not required under division (E)(1) of this section to issue a new	81339
card or electronic technology to an insured more than once during	81340
a twelve-month period.	81341

(F) Nothing in this section shall be construed as requiring	81342
an insurer to produce more than one standardized identification	81343
card or one electronic technology for use by insureds accessing	81344
health care benefits provided under a policy of sickness and	81345
accident insurance.	81346

Sec. 3923.83. (A)(1) This section applies to both of the	81347
following:	81348

(a) A public employee benefit plan that issues or requires	81349
the use of a standardized identification card or an electronic	81350
technology for submission and routing of prescription drug claims	81351
pursuant to a policy, contract, or agreement for health care	81352
services;	81353

(b) A person or entity that a public employee benefit plan	81354
contracts with to issue a standardized identification card or an	81355
electronic technology described in division (A)(1)(a) of this	81356
section.	81357

(2) Notwithstanding division (A)(1) of this section, this	81358
section does not apply to the issuance or required use of a	81359
standardized identification card or an electronic technology for	81360
the submission and routing of prescription drug claims in	81361
connection with either of the following:	81362

(a) Any individual or group policy of insurance covering only	81363
accident, credit, dental, disability income, long-term care,	81364
hospital indemnity, medicare supplement, medicare, tricare,	81365
specified disease, or vision care; coverage under a	81366
one-time-limited-duration policy of not longer than six months;	81367
coverage issued as a supplement to liability insurance; insurance	81368
arising out of workers' compensation or similar law; automobile	81369
medical payment insurance; or insurance under which benefits are	81370
payable with or without regard to fault and which is statutorily	81371
required to be contained in any liability insurance policy or	81372
equivalent self-insurance.	81373

(b) Coverage provided under the medicaid~~, as defined in~~	81374
~~section 5111.01 of the Revised Code~~program.	81375

(B) A standardized identification card or an electronic	81376
technology issued or required to be used as provided in division	81377
(A)(1) of this section shall contain uniform prescription drug	81378
information in accordance with either division (B)(1) or (2) of	81379
this section.	81380

(1) The standardized identification card or the electronic	81381
technology shall be in a format and contain information fields	81382
approved by the national council for prescription drug programs or	81383
a successor organization, as specified in the council's or	81384
successor organization's pharmacy identification card	81385
implementation guide in effect on the first day of October most	81386
immediately preceding the issuance or required use of the	81387
standardized identification card or the electronic technology.	81388

(2) If the public employee benefit plan or person under	81389
contract with the plan to issue a standardized identification card	81390
or an electronic technology requires the information for the	81391
submission and routing of a claim, the standardized identification	81392
card or the electronic technology shall contain any of the	81393
following information:	81394

(a) The plan's name;

81395

(b) The insured's name, group number, and identification	81396
number;	81397

(c) A telephone number to inquire about pharmacy-related	81398
issues;	81399

(d) The issuer's international identification number, labeled	81400
as "ANSI BIN" or "RxBIN";	81401

(e) The processor's control number, labeled as "RxPCN";

81402

(f) The insured's pharmacy benefits group number if different	81403
from the insured's medical group number, labeled as "RxGrp."	81404

(C) If the standardized identification card or the electronic	81405
technology issued or required to be used as provided in division	81406
(A)(1) of this section is also used for submission and routing of	81407
nonpharmacy claims, the designation "Rx" is required to be	81408
included as part of the labels identified in divisions (B)(2)(d)	81409
and (e) of this section if the issuer's international	81410
identification number or the processor's control number is	81411
different for medical and pharmacy claims.	81412

(D)(1) Except as provided in division (D)(2) of this section,	81413
if there is a change in the information contained in the	81414
standardized identification card or the electronic technology	81415
issued to an insured, the public employee benefit plan or person	81416
under contract with the plan to issue a standardized	81417
identification card or electronic technology shall issue a new	81418
card or electronic technology to the insured.	81419

(2) A public employee benefit plan or person under contract	81420
with the plan is not required under division (D)(1) of this	81421
section to issue a new card or electronic technology to an insured	81422
more than once during a twelve-month period.	81423

~~(F)~~(E) Nothing in this section shall be construed as	81424
requiring a public employee benefit plan to produce more than one	81425
standardized identification card or one electronic technology for	81426
use by insureds accessing health care benefits provided under a	81427
health benefit plan.	81428

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	81429
the Revised Code, "health insurer" means any sickness and accident	81430
insurer or health insuring corporation. "Health insurer" also	81431
includes any group health plan as defined in section 607 of the	81432
federal "Employee Retirement Income Security Act of 1974," 88	81433
Stat. 832, 29 U.S.C.A. 1167.	81434

(B) Notwithstanding any other provision of the Revised Code,	81435
no health insurer shall take into consideration the availability	81436
of, or eligibility for, ~~medical assistance~~the medicaid program in	81437
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	81438
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	81439
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	81440
individual's eligibility for coverage or when making payments to	81441
or on behalf of an enrollee, subscriber, policyholder, or	81442
certificate holder.	81443

Sec. 3924.42. No health insurer shall impose requirements on	81444
the department of ~~job and family services~~medicaid, when it has	81445
been assigned the rights of an individual who is eligible for	81446
~~medical assistance under Chapter 5111. of the Revised Code~~	81447
medicaid and who is covered under a health care policy, contract,	81448
or plan issued by the health insurer, that are different from the	81449
requirements applicable to an agent or assignee of any other	81450
individual so covered.	81451

Sec. 3963.01. As used in this chapter:

81452

(A) "Affiliate" means any person or entity that has ownership	81453
or control of a contracting entity, is owned or controlled by a	81454
contracting entity, or is under common ownership or control with a	81455
contracting entity.	81456

(B) "Basic health care services" has the same meaning as in	81457
division (A) of section 1751.01 of the Revised Code, except that	81458
it does not include any services listed in that division that are	81459
provided by a pharmacist or nursing home.	81460

(C) "Contracting entity" means any person that has a primary	81461
business purpose of contracting with participating providers for	81462
the delivery of health care services.	81463

(D) "Credentialing" means the process of assessing and	81464
validating the qualifications of a provider applying to be	81465
approved by a contracting entity to provide basic health care	81466
services, specialty health care services, or supplemental health	81467
care services to enrollees.	81468

(E) "Edit" means adjusting one or more procedure codes billed	81469
by a participating provider on a claim for payment or a practice	81470
that results in any of the following:	81471

(1) Payment for some, but not all of the procedure codes	81472
originally billed by a participating provider;	81473

(2) Payment for a different procedure code than the procedure	81474
code originally billed by a participating provider;	81475

(3) A reduced payment as a result of services provided to an	81476
enrollee that are claimed under more than one procedure code on	81477
the same service date.	81478

(F) "Electronic claims transport" means to accept and	81479
digitize claims or to accept claims already digitized, to place	81480
those claims into a format that complies with the electronic	81481
transaction standards issued by the United States department of	81482
health and human services pursuant to the "Health Insurance	81483
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	81484
U.S.C. 1320d, et seq., as those electronic standards are	81485
applicable to the parties and as those electronic standards are	81486
updated from time to time, and to electronically transmit those	81487
claims to the appropriate contracting entity, payer, or	81488
third-party administrator.	81489

(G) "Enrollee" means any person eligible for health care	81490
benefits under a health benefit plan, including an eligible	81491
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	81492
includes all of the following terms:	81493

(1) "Enrollee" and "subscriber" as defined by section 1751.01	81494
of the Revised Code;	81495

(2) "Member" as defined by section 1739.01 of the Revised	81496
Code;	81497

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	81498
the Revised Code;	81499

(4) "Beneficiary" as defined by section 3901.38 of the	81500
Revised Code.	81501

(H) "Health care contract" means a contract entered into,	81502
materially amended, or renewed between a contracting entity and a	81503
participating provider for the delivery of basic health care	81504
services, specialty health care services, or supplemental health	81505
care services to enrollees.	81506

(I) "Health care services" means basic health care services,	81507
specialty health care services, and supplemental health care	81508
services.	81509

(J) "Material amendment" means an amendment to a health care	81510
contract that decreases the participating provider's payment or	81511
compensation, changes the administrative procedures in a way that	81512
may reasonably be expected to significantly increase the	81513
provider's administrative expenses, or adds a new product. A	81514
material amendment does not include any of the following:	81515

(1) A decrease in payment or compensation resulting solely	81516
from a change in a published fee schedule upon which the payment	81517
or compensation is based and the date of applicability is clearly	81518
identified in the contract;	81519

(2) A decrease in payment or compensation that was	81520
anticipated under the terms of the contract, if the amount and	81521
date of applicability of the decrease is clearly identified in the	81522
contract;	81523

(3) An administrative change that may significantly increase	81524
the provider's administrative expense, the specific applicability	81525
of which is clearly identified in the contract;	81526

(4) Changes to an existing prior authorization,	81527
precertification, notification, or referral program that do not	81528
substantially increase the provider's administrative expense;	81529

(5) Changes to an edit program or to specific edits if the	81530
participating provider is provided notice of the changes pursuant	81531
to division (A)(1) of section 3963.04 of the Revised Code and the	81532
notice includes information sufficient for the provider to	81533
determine the effect of the change;	81534

(6) Changes to a health care contract described in division	81535
(B) of section 3963.04 of the Revised Code.	81536

(K) "Participating provider" means a provider that has a	81537
health care contract with a contracting entity and is entitled to	81538
reimbursement for health care services rendered to an enrollee	81539
under the health care contract.	81540

(L) "Payer" means any person that assumes the financial risk	81541
for the payment of claims under a health care contract or the	81542
reimbursement for health care services provided to enrollees by	81543
participating providers pursuant to a health care contract.	81544

(M) "Primary enrollee" means a person who is responsible for	81545
making payments for participation in a health care plan or an	81546
enrollee whose employment or other status is the basis of	81547
eligibility for enrollment in a health care plan.	81548

(N) "Procedure codes" includes the American medical	81549
association's current procedural terminology code, the American	81550
dental association's current dental terminology, and the centers	81551
for medicare and medicaid services health care common procedure	81552
coding system.	81553

(O) "Product" means one of the following types of categories	81554
of coverage for which a participating provider may be obligated to	81555
provide health care services pursuant to a health care contract:	81556

(1) A health maintenance organization or other product	81557
provided by a health insuring corporation;	81558

(2) A preferred provider organization;

81559

(3) Medicare;

81560

(4) Medicaid;

81561

(5) Workers' compensation.

81562

(P) "Provider" means a physician, podiatrist, dentist,	81563
chiropractor, optometrist, psychologist, physician assistant,	81564
advanced practice registered nurse, occupational therapist,	81565
massage therapist, physical therapist, professional counselor,	81566
professional clinical counselor, hearing aid dealer, orthotist,	81567
prosthetist, home health agency, hospice care program, pediatric	81568
respite care program, or hospital, or a provider organization or	81569
physician-hospital organization that is acting exclusively as an	81570
administrator on behalf of a provider to facilitate the provider's	81571
participation in health care contracts. "Provider" does not mean a	81572
pharmacist, pharmacy, nursing home, or a provider organization or	81573
physician-hospital organization that leases the provider	81574
organization's or physician-hospital organization's network to a	81575
third party or contracts directly with employers or health and	81576
welfare funds.	81577

(Q) "Specialty health care services" has the same meaning as	81578
in section 1751.01 of the Revised Code, except that it does not	81579
include any services listed in division (B) of section 1751.01 of	81580
the Revised Code that are provided by a pharmacist or a nursing	81581
home.	81582

(R) "Supplemental health care services" has the same meaning	81583
as in division (B) of section 1751.01 of the Revised Code, except	81584
that it does not include any services listed in that division that	81585
are provided by a pharmacist or nursing home.	81586

Sec. 3963.04. (A)(1) If an amendment to a health care	81587
contract is not a material amendment, the contracting entity shall	81588
provide the participating provider notice of the amendment at	81589
least fifteen days prior to the effective date of the amendment.	81590
The contracting entity shall provide all other notices to the	81591
participating provider pursuant to the health care contract.	81592

(2) A material amendment to a health care contract shall	81593
occur only if the contracting entity provides to the participating	81594
provider the material amendment in writing and notice of the	81595
material amendment not later than ninety days prior to the	81596
effective date of the material amendment. The notice shall be	81597
conspicuously entitled "Notice of Material Amendment to Contract."	81598

(3) If within fifteen days after receiving the material	81599
amendment and notice described in division (A)(2) of this section,	81600
the participating provider objects in writing to the material	81601
amendment, and there is no resolution of the objection, either	81602
party may terminate the health care contract upon written notice	81603
of termination provided to the other party not later than sixty	81604
days prior to the effective date of the material amendment.	81605

(4) If the participating provider does not object to the	81606
material amendment in the manner described in division (A)(3) of	81607
this section, the material amendment shall be effective as	81608
specified in the notice described in division (A)(2) of this	81609
section.	81610

(B)(1) Division (A) of this section does not apply if the	81611
delay caused by compliance with that division could result in	81612
imminent harm to an enrollee, if the material amendment of a	81613
health care contract is required by state or federal law, rule, or	81614
regulation, or if the provider affirmatively accepts the material	81615
amendment in writing and agrees to an earlier effective date than	81616
otherwise required by division (A)(2) of this section.	81617

(2) This section does not apply under any of the following	81618
circumstances:	81619

(a) The participating provider's payment or compensation is	81620
based on the current medicaid or medicare physician fee schedule,	81621
and the change in payment or compensation results solely from a	81622
change in that physician fee schedule.	81623

(b) A routine change or update of the health care contract is	81624
made in response to any addition, deletion, or revision of any	81625
service code, procedure code, or reporting code, or a pricing	81626
change is made by any third party source.	81627

For purposes of division (B)(2)(b) of this section:

81628

(i) "Service code, procedure code, or reporting code" means	81629
the current procedural terminology (CPT), current dental	81630
terminology (CDT), the healthcare common procedure coding system	81631
(HCPCS), the international classification of diseases (ICD), or	81632
the drug topics redbook average wholesale price (AWP).	81633

(ii) "Third party source" means the American medical	81634
association, American dental association, the centers for medicare	81635
and medicaid services, the national center for health statistics,	81636
the department of health and human services office of the	81637
inspector general, the Ohio department of insurance, or the Ohio	81638
department of ~~job and family services~~medicaid.	81639

(C) Notwithstanding divisions (A) and (B) of this section, a	81640
health care contract may be amended by operation of law as	81641
required by any applicable state or federal law, rule, or	81642
regulation. Nothing in this section shall be construed to require	81643
the renegotiation of a health care contract that is in existence	81644
before ~~the effective date of this section~~June 25, 2008, until the	81645
time that the contract is renewed or materially amended.	81646

Sec. 4104.33. There is hereby created the historical boilers	81647
licensing board consisting of seven members, three of whom shall	81648
be appointed by the governor with the advice and consent of the	81649
senate. The governor shall make initial appointments to the board	81650
within ninety days after October 24, 2002. Of the initial members	81651
appointed by the governor, one shall be for a term ending three	81652
years after October 24, 2002, one shall be for a term ending four	81653
years after October 24, 2002, and one shall be for a term ending	81654
five years after October 24, 2002. Thereafter, terms of office	81655
shall be for five years, each term ending on the same day of the	81656
same month of the year as did the term that it succeeds. Of the	81657
three members the governor appoints, one member shall be an	81658
employee of the division of boiler inspection in the department of	81659
commerce; one member shall be an independent mechanical engineer	81660
who is not involved in selling or inspecting historical boilers;	81661
and one shall be an active member of an association that	81662
represents managers of fairs or festivals.	81663

Two members of the board shall be appointed by the president	81664
of the senate and two members of the board shall be appointed by	81665
the speaker of the house of representatives. The president and	81666
speaker shall make initial appointments to the board within ninety	81667
days after October 24, 2002. Of the initial members appointed by	81668
the president, one shall be for a term ending four years after	81669
October 24, 2002 and one shall be for a term ending five years	81670
after October 24, 2002. Of the initial members appointed by the	81671
speaker, one shall be for a term ending three years after October	81672
24, 2002 and one shall be for a term ending five years after	81673
October 24, 2002. Thereafter, terms of office shall be for five	81674
years, each term ending on the same day of the same month of the	81675
year as did the term that it succeeds. Of the four members	81676
appointed by the president and speaker, each shall own a	81677
historical boiler and also have at least ten years of experience	81678
in the operation of historical boilers, and each of these four	81679
members shall reside in a different region of the state.	81680

Each member shall hold office from the date of the member's	81681
appointment until the end of the term for which the member was	81682
appointed. Members may be reappointed. Vacancies shall be filled	81683
~~in the manner provided for initial appointments~~by the director of	81684
commerce, and shall not require the advice and consent of the	81685
senate. Any member appointed to fill a vacancy occurring prior to	81686
the expiration date of the term for which the member's predecessor	81687
was appointed shall hold office as a member for the remainder of	81688
that term. A member shall continue in office subsequent to the	81689
expiration date of the member's term until the successor takes	81690
office or until a period of sixty days has elapsed, whichever	81691
occurs first.	81692

The members of the board, annually, shall elect, by majority	81693
vote, a chairperson from among their members. The board shall meet	81694
at least once annually and at other times at the call of the	81695
chairperson. Board members shall receive their actual and	81696
necessary expenses incurred in the discharge of their duties as	81697
board members.	81698

The superintendent of industrial compliance shall furnish	81699
office space, staff, and supplies to the board as the	81700
superintendent determines are necessary for the board to carry out	81701
its official duties under sections 4104.33 to 4104.37 of the	81702
Revised Code.	81703

Sec. 4112.02. It shall be an unlawful discriminatory	81704
practice:	81705

(A) For any employer, because of the race, color, religion,	81706
sex, military status, national origin, disability, age, or	81707
ancestry of any person, to discharge without just cause, to refuse	81708
to hire, or otherwise to discriminate against that person with	81709
respect to hire, tenure, terms, conditions, or privileges of	81710
employment, or any matter directly or indirectly related to	81711
employment.	81712

(B) For an employment agency or personnel placement service,	81713
because of race, color, religion, sex, military status, national	81714
origin, disability, age, or ancestry, to do any of the following:	81715

(1) Refuse or fail to accept, register, classify properly, or	81716
refer for employment, or otherwise discriminate against any	81717
person;	81718

(2) Comply with a request from an employer for referral of	81719
applicants for employment if the request directly or indirectly	81720
indicates that the employer fails to comply with the provisions of	81721
sections 4112.01 to 4112.07 of the Revised Code.	81722

81723

(1) Limit or classify its membership on the basis of race,	81724
color, religion, sex, military status, national origin,	81725
disability, age, or ancestry;	81726

(2) Discriminate against, limit the employment opportunities	81727
of, or otherwise adversely affect the employment status, wages,	81728
hours, or employment conditions of any person as an employee	81729
because of race, color, religion, sex, military status, national	81730
origin, disability, age, or ancestry.	81731

(D) For any employer, labor organization, or joint	81732
labor-management committee controlling apprentice training	81733
programs to discriminate against any person because of race,	81734
color, religion, sex, military status, national origin,	81735
disability, or ancestry in admission to, or employment in, any	81736
program established to provide apprentice training.	81737

(E) Except where based on a bona fide occupational	81738
qualification certified in advance by the commission, for any	81739
employer, employment agency, personnel placement service, or labor	81740
organization, prior to employment or admission to membership, to	81741
do any of the following:	81742

(1) Elicit or attempt to elicit any information concerning	81743
the race, color, religion, sex, military status, national origin,	81744
disability, age, or ancestry of an applicant for employment or	81745
membership;	81746

(2) Make or keep a record of the race, color, religion, sex,	81747
military status, national origin, disability, age, or ancestry of	81748
any applicant for employment or membership;	81749

(3) Use any form of application for employment, or personnel	81750
or membership blank, seeking to elicit information regarding race,	81751
color, religion, sex, military status, national origin,	81752
disability, age, or ancestry; but an employer holding a contract	81753
containing a nondiscrimination clause with the government of the	81754
United States, or any department or agency of that government, may	81755
require an employee or applicant for employment to furnish	81756
documentary proof of United States citizenship and may retain that	81757
proof in the employer's personnel records and may use photographic	81758
or fingerprint identification for security purposes;	81759

(4) Print or publish or cause to be printed or published any	81760
notice or advertisement relating to employment or membership	81761
indicating any preference, limitation, specification, or	81762
discrimination, based upon race, color, religion, sex, military	81763
status, national origin, disability, age, or ancestry;	81764

(5) Announce or follow a policy of denying or limiting,	81765
through a quota system or otherwise, employment or membership	81766
opportunities of any group because of the race, color, religion,	81767
sex, military status, national origin, disability, age, or	81768
ancestry of that group;	81769

(6) Utilize in the recruitment or hiring of persons any	81770
employment agency, personnel placement service, training school or	81771
center, labor organization, or any other employee-referring source	81772
known to discriminate against persons because of their race,	81773
color, religion, sex, military status, national origin,	81774
disability, age, or ancestry.	81775

(F) For any person seeking employment to publish or cause to	81776
be published any advertisement that specifies or in any manner	81777
indicates that person's race, color, religion, sex, military	81778
status, national origin, disability, age, or ancestry, or	81779
expresses a limitation or preference as to the race, color,	81780
religion, sex, military status, national origin, disability, age,	81781
or ancestry of any prospective employer.	81782

(G) For any proprietor or any employee, keeper, or manager of	81783
a place of public accommodation to deny to any person, except for	81784
reasons applicable alike to all persons regardless of race, color,	81785
religion, sex, military status, national origin, disability, age,	81786
or ancestry, the full enjoyment of the accommodations, advantages,	81787
facilities, or privileges of the place of public accommodation.	81788

(H) For any person to do any of the following:

81789

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	81790
or finance housing accommodations, refuse to negotiate for the	81791
sale or rental of housing accommodations, or otherwise deny or	81792
make unavailable housing accommodations because of race, color,	81793
religion, sex, military status, familial status, ancestry,	81794
disability, or national origin;	81795

(2) Represent to any person that housing accommodations are	81796
not available for inspection, sale, or rental, when in fact they	81797
are available, because of race, color, religion, sex, military	81798
status, familial status, ancestry, disability, or national origin;	81799

(3) Discriminate against any person in the making or	81800
purchasing of loans or the provision of other financial assistance	81801
for the acquisition, construction, rehabilitation, repair, or	81802
maintenance of housing accommodations, or any person in the making	81803
or purchasing of loans or the provision of other financial	81804
assistance that is secured by residential real estate, because of	81805
race, color, religion, sex, military status, familial status,	81806
ancestry, disability, or national origin or because of the racial	81807
composition of the neighborhood in which the housing	81808
accommodations are located, provided that the person, whether an	81809
individual, corporation, or association of any type, lends money	81810
as one of the principal aspects or incident to the person's	81811
principal business and not only as a part of the purchase price of	81812
an owner-occupied residence the person is selling nor merely	81813
casually or occasionally to a relative or friend;	81814

(4) Discriminate against any person in the terms or	81815
conditions of selling, transferring, assigning, renting, leasing,	81816
or subleasing any housing accommodations or in furnishing	81817
facilities, services, or privileges in connection with the	81818
ownership, occupancy, or use of any housing accommodations,	81819
including the sale of fire, extended coverage, or homeowners	81820
insurance, because of race, color, religion, sex, military status,	81821
familial status, ancestry, disability, or national origin or	81822
because of the racial composition of the neighborhood in which the	81823
housing accommodations are located;	81824

(5) Discriminate against any person in the terms or	81825
conditions of any loan of money, whether or not secured by	81826
mortgage or otherwise, for the acquisition, construction,	81827
rehabilitation, repair, or maintenance of housing accommodations	81828
because of race, color, religion, sex, military status, familial	81829
status, ancestry, disability, or national origin or because of the	81830
racial composition of the neighborhood in which the housing	81831
accommodations are located;	81832

(6) Refuse to consider without prejudice the combined income	81833
of both husband and wife for the purpose of extending mortgage	81834
credit to a married couple or either member of a married couple;	81835

(7) Print, publish, or circulate any statement or	81836
advertisement, or make or cause to be made any statement or	81837
advertisement, relating to the sale, transfer, assignment, rental,	81838
lease, sublease, or acquisition of any housing accommodations, or	81839
relating to the loan of money, whether or not secured by mortgage	81840
or otherwise, for the acquisition, construction, rehabilitation,	81841
repair, or maintenance of housing accommodations, that indicates	81842
any preference, limitation, specification, or discrimination based	81843
upon race, color, religion, sex, military status, familial status,	81844
ancestry, disability, or national origin, or an intention to make	81845
any such preference, limitation, specification, or discrimination;	81846

(8) Except as otherwise provided in division (H)(8) or (17)	81847
of this section, make any inquiry, elicit any information, make or	81848
keep any record, or use any form of application containing	81849
questions or entries concerning race, color, religion, sex,	81850
military status, familial status, ancestry, disability, or	81851
national origin in connection with the sale or lease of any	81852
housing accommodations or the loan of any money, whether or not	81853
secured by mortgage or otherwise, for the acquisition,	81854
construction, rehabilitation, repair, or maintenance of housing	81855
accommodations. Any person may make inquiries, and make and keep	81856
records, concerning race, color, religion, sex, military status,	81857
familial status, ancestry, disability, or national origin for the	81858
purpose of monitoring compliance with this chapter.	81859

(9) Include in any transfer, rental, or lease of housing	81860
accommodations any restrictive covenant, or honor or exercise, or	81861
attempt to honor or exercise, any restrictive covenant;	81862

(10) Induce or solicit, or attempt to induce or solicit, a	81863
housing accommodations listing, sale, or transaction by	81864
representing that a change has occurred or may occur with respect	81865
to the racial, religious, sexual, military status, familial	81866
status, or ethnic composition of the block, neighborhood, or other	81867
area in which the housing accommodations are located, or induce or	81868
solicit, or attempt to induce or solicit, a housing accommodations	81869
listing, sale, or transaction by representing that the presence or	81870
anticipated presence of persons of any race, color, religion, sex,	81871
military status, familial status, ancestry, disability, or	81872
national origin, in the block, neighborhood, or other area will or	81873
may have results including, but not limited to, the following:	81874

(a) The lowering of property values;

81875

(b) A change in the racial, religious, sexual, military	81876
status, familial status, or ethnic composition of the block,	81877
neighborhood, or other area;	81878

(c) An increase in criminal or antisocial behavior in the	81879
block, neighborhood, or other area;	81880

(d) A decline in the quality of the schools serving the	81881
block, neighborhood, or other area.	81882

(11) Deny any person access to or membership or participation	81883
in any multiple-listing service, real estate brokers'	81884
organization, or other service, organization, or facility relating	81885
to the business of selling or renting housing accommodations, or	81886
discriminate against any person in the terms or conditions of that	81887
access, membership, or participation, on account of race, color,	81888
religion, sex, military status, familial status, national origin,	81889
disability, or ancestry;	81890

(12) Coerce, intimidate, threaten, or interfere with any	81891
person in the exercise or enjoyment of, or on account of that	81892
person's having exercised or enjoyed or having aided or encouraged	81893
any other person in the exercise or enjoyment of, any right	81894
granted or protected by division (H) of this section;	81895

(13) Discourage or attempt to discourage the purchase by a	81896
prospective purchaser of housing accommodations, by representing	81897
that any block, neighborhood, or other area has undergone or might	81898
undergo a change with respect to its religious, racial, sexual,	81899
military status, familial status, or ethnic composition;	81900

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	81901
or finance, or otherwise deny or withhold, a burial lot from any	81902
person because of the race, color, sex, military status, familial	81903
status, age, ancestry, disability, or national origin of any	81904
prospective owner or user of the lot;	81905

(15) Discriminate in the sale or rental of, or otherwise make	81906
unavailable or deny, housing accommodations to any buyer or renter	81907
because of a disability of any of the following:	81908

(a) The buyer or renter;

81909

(b) A person residing in or intending to reside in the	81910
housing accommodations after they are sold, rented, or made	81911
available;	81912

(c) Any individual associated with the person described in	81913
division (H)(15)(b) of this section.	81914

(16) Discriminate in the terms, conditions, or privileges of	81915
the sale or rental of housing accommodations to any person or in	81916
the provision of services or facilities to any person in	81917
connection with the housing accommodations because of a disability	81918
of any of the following:	81919

(a) That person;

81920

(b) A person residing in or intending to reside in the	81921
housing accommodations after they are sold, rented, or made	81922
available;	81923

(c) Any individual associated with the person described in	81924
division (H)(16)(b) of this section.	81925

(17) Except as otherwise provided in division (H)(17) of this	81926
section, make an inquiry to determine whether an applicant for the	81927
sale or rental of housing accommodations, a person residing in or	81928
intending to reside in the housing accommodations after they are	81929
sold, rented, or made available, or any individual associated with	81930
that person has a disability, or make an inquiry to determine the	81931
nature or severity of a disability of the applicant or such a	81932
person or individual. The following inquiries may be made of all	81933
applicants for the sale or rental of housing accommodations,	81934
regardless of whether they have disabilities:	81935

(a) An inquiry into an applicant's ability to meet the	81936
requirements of ownership or tenancy;	81937

(b) An inquiry to determine whether an applicant is qualified	81938
for housing accommodations available only to persons with	81939
disabilities or persons with a particular type of disability;	81940

(c) An inquiry to determine whether an applicant is qualified	81941
for a priority available to persons with disabilities or persons	81942
with a particular type of disability;	81943

(d) An inquiry to determine whether an applicant currently	81944
uses a controlled substance in violation of section 2925.11 of the	81945
Revised Code or a substantively comparable municipal ordinance;	81946

(e) An inquiry to determine whether an applicant at any time	81947
has been convicted of or pleaded guilty to any offense, an element	81948
of which is the illegal sale, offer to sell, cultivation,	81949
manufacture, other production, shipment, transportation, delivery,	81950
or other distribution of a controlled substance.	81951

(18)(a) Refuse to permit, at the expense of a person with a	81952
disability, reasonable modifications of existing housing	81953
accommodations that are occupied or to be occupied by the person	81954
with a disability, if the modifications may be necessary to afford	81955
the person with a disability full enjoyment of the housing	81956
accommodations. This division does not preclude a landlord of	81957
housing accommodations that are rented or to be rented to a	81958
disabled tenant from conditioning permission for a proposed	81959
modification upon the disabled tenant's doing one or more of the	81960
following:	81961

(i) Providing a reasonable description of the proposed	81962
modification and reasonable assurances that the proposed	81963
modification will be made in a workerlike manner and that any	81964
required building permits will be obtained prior to the	81965
commencement of the proposed modification;	81966

(ii) Agreeing to restore at the end of the tenancy the	81967
interior of the housing accommodations to the condition they were	81968
in prior to the proposed modification, but subject to reasonable	81969
wear and tear during the period of occupancy, if it is reasonable	81970
for the landlord to condition permission for the proposed	81971
modification upon the agreement;	81972

(iii) Paying into an interest-bearing escrow account that is	81973
in the landlord's name, over a reasonable period of time, a	81974
reasonable amount of money not to exceed the projected costs at	81975
the end of the tenancy of the restoration of the interior of the	81976
housing accommodations to the condition they were in prior to the	81977
proposed modification, but subject to reasonable wear and tear	81978
during the period of occupancy, if the landlord finds the account	81979
reasonably necessary to ensure the availability of funds for the	81980
restoration work. The interest earned in connection with an escrow	81981
account described in this division shall accrue to the benefit of	81982
the disabled tenant who makes payments into the account.	81983

(b) A landlord shall not condition permission for a proposed	81984
modification upon a disabled tenant's payment of a security	81985
deposit that exceeds the customarily required security deposit of	81986
all tenants of the particular housing accommodations.	81987

(19) Refuse to make reasonable accommodations in rules,	81988
policies, practices, or services when necessary to afford a person	81989
with a disability equal opportunity to use and enjoy a dwelling	81990
unit, including associated public and common use areas;	81991

(20) Fail to comply with the standards and rules adopted	81992
under division (A) of section 3781.111 of the Revised Code;	81993

(21) Discriminate against any person in the selling,	81994
brokering, or appraising of real property because of race, color,	81995
religion, sex, military status, familial status, ancestry,	81996
disability, or national origin;	81997

(22) Fail to design and construct covered multifamily	81998
dwellings for first occupancy on or after June 30, 1992, in	81999
accordance with the following conditions:	82000

(a) The dwellings shall have at least one building entrance	82001
on an accessible route, unless it is impractical to do so because	82002
of the terrain or unusual characteristics of the site.	82003

(b) With respect to dwellings that have a building entrance	82004
on an accessible route, all of the following apply:	82005

(i) The public use areas and common use areas of the	82006
dwellings shall be readily accessible to and usable by persons	82007
with a disability.	82008

(ii) All the doors designed to allow passage into and within	82009
all premises shall be sufficiently wide to allow passage by	82010
persons with a disability who are in wheelchairs.	82011

(iii) All premises within covered multifamily dwelling units	82012
shall contain an accessible route into and through the dwelling;	82013
all light switches, electrical outlets, thermostats, and other	82014
environmental controls within such units shall be in accessible	82015
locations; the bathroom walls within such units shall contain	82016
reinforcements to allow later installation of grab bars; and the	82017
kitchens and bathrooms within such units shall be designed and	82018
constructed in a manner that enables an individual in a wheelchair	82019
to maneuver about such rooms.	82020

For purposes of division (H)(22) of this section, "covered	82021
multifamily dwellings" means buildings consisting of four or more	82022
units if such buildings have one or more elevators and ground	82023
floor units in other buildings consisting of four or more units.	82024

(I) For any person to discriminate in any manner against any	82025
other person because that person has opposed any unlawful	82026
discriminatory practice defined in this section or because that	82027
person has made a charge, testified, assisted, or participated in	82028
any manner in any investigation, proceeding, or hearing under	82029
sections 4112.01 to 4112.07 of the Revised Code.	82030

(J) For any person to aid, abet, incite, compel, or coerce	82031
the doing of any act declared by this section to be an unlawful	82032
discriminatory practice, to obstruct or prevent any person from	82033
complying with this chapter or any order issued under it, or to	82034
attempt directly or indirectly to commit any act declared by this	82035
section to be an unlawful discriminatory practice.	82036

(K)(1) Nothing in division (H) of this section shall bar any	82037
religious or denominational institution or organization, or any	82038
nonprofit charitable or educational organization that is operated,	82039
supervised, or controlled by or in connection with a religious	82040
organization, from limiting the sale, rental, or occupancy of	82041
housing accommodations that it owns or operates for other than a	82042
commercial purpose to persons of the same religion, or from giving	82043
preference in the sale, rental, or occupancy of such housing	82044
accommodations to persons of the same religion, unless membership	82045
in the religion is restricted on account of race, color, or	82046
national origin.	82047

(2) Nothing in division (H) of this section shall bar any	82048
bona fide private or fraternal organization that, incidental to	82049
its primary purpose, owns or operates lodgings for other than a	82050
commercial purpose, from limiting the rental or occupancy of the	82051
lodgings to its members or from giving preference to its members.	82052

(3) Nothing in division (H) of this section limits the	82053
applicability of any reasonable local, state, or federal	82054
restrictions regarding the maximum number of occupants permitted	82055
to occupy housing accommodations. Nothing in that division	82056
prohibits the owners or managers of housing accommodations from	82057
implementing reasonable occupancy standards based on the number	82058
and size of sleeping areas or bedrooms and the overall size of a	82059
dwelling unit, provided that the standards are not implemented to	82060
circumvent the purposes of this chapter and are formulated,	82061
implemented, and interpreted in a manner consistent with this	82062
chapter and any applicable local, state, or federal restrictions	82063
regarding the maximum number of occupants permitted to occupy	82064
housing accommodations.	82065

(4) Nothing in division (H) of this section requires that	82066
housing accommodations be made available to an individual whose	82067
tenancy would constitute a direct threat to the health or safety	82068
of other individuals or whose tenancy would result in substantial	82069
physical damage to the property of others.	82070

(5) Nothing in division (H) of this section pertaining to	82071
discrimination on the basis of familial status shall be construed	82072
to apply to any of the following:	82073

(a) Housing accommodations provided under any state or	82074
federal program that have been determined under the "Fair Housing	82075
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	82076
amended, to be specifically designed and operated to assist	82077
elderly persons;	82078

(b) Housing accommodations intended for and solely occupied	82079
by persons who are sixty-two years of age or older;	82080

(c) Housing accommodations intended and operated for	82081
occupancy by at least one person who is fifty-five years of age or	82082
older per unit, as determined under the "Fair Housing Amendments	82083
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	82084

(L) Nothing in divisions (A) to (E) of this section shall be	82085
construed to require a person with a disability to be employed or	82086
trained under circumstances that would significantly increase the	82087
occupational hazards affecting either the person with a	82088
disability, other employees, the general public, or the facilities	82089
in which the work is to be performed, or to require the employment	82090
or training of a person with a disability in a job that requires	82091
the person with a disability routinely to undertake any task, the	82092
performance of which is substantially and inherently impaired by	82093
the person's disability.	82094

(M) Nothing in divisions (H)(1) to (18) of this section shall	82095
be construed to require any person selling or renting property to	82096
modify the property in any way or to exercise a higher degree of	82097
care for a person with a disability, to relieve any person with a	82098
disability of any obligation generally imposed on all persons	82099
regardless of disability in a written lease, rental agreement, or	82100
contract of purchase or sale, or to forbid distinctions based on	82101
the inability to fulfill the terms and conditions, including	82102
financial obligations, of the lease, agreement, or contract.	82103

(N) An aggrieved individual may enforce the individual's	82104
rights relative to discrimination on the basis of age as provided	82105
for in this section by instituting a civil action, within one	82106
hundred eighty days after the alleged unlawful discriminatory	82107
practice occurred, in any court with jurisdiction for any legal or	82108
equitable relief that will effectuate the individual's rights.	82109

A person who files a civil action under this division is	82110
barred, with respect to the practices complained of, from	82111
instituting a civil action under section 4112.14 of the Revised	82112
Code and from filing a charge with the commission under section	82113
4112.05 of the Revised Code.	82114

(O) With regard to age, it shall not be an unlawful	82115
discriminatory practice and it shall not constitute a violation of	82116
division (A) of section 4112.14 of the Revised Code for any	82117
employer, employment agency, joint labor-management committee	82118
controlling apprenticeship training programs, or labor	82119
organization to do any of the following:	82120

(1) Establish bona fide employment qualifications reasonably	82121
related to the particular business or occupation that may include	82122
standards for skill, aptitude, physical capability, intelligence,	82123
education, maturation, and experience;	82124

(2) Observe the terms of a bona fide seniority system or any	82125
bona fide employee benefit plan, including, but not limited to, a	82126
retirement, pension, or insurance plan, that is not a subterfuge	82127
to evade the purposes of this section. However, no such employee	82128
benefit plan shall excuse the failure to hire any individual, and	82129
no such seniority system or employee benefit plan shall require or	82130
permit the involuntary retirement of any individual, because of	82131
the individual's age except as provided for in the "Age	82132
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	82133
29 U.S.C.A. 623, as amended by the "Age Discrimination in	82134
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	82135
623, as amended.	82136

(3) Retire an employee who has attained sixty-five years of	82137
age who, for the two-year period immediately before retirement, is	82138
employed in a bona fide executive or a high policymaking position,	82139
if the employee is entitled to an immediate nonforfeitable annual	82140
retirement benefit from a pension, profit-sharing, savings, or	82141
deferred compensation plan, or any combination of those plans, of	82142
the employer of the employee, which equals, in the aggregate, at	82143
least forty-four thousand dollars, in accordance with the	82144
conditions of the "Age Discrimination in Employment Act Amendment	82145
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	82146
Discrimination in Employment Act Amendments of 1986," 100 Stat.	82147
3342, 29 U.S.C.A. 631, as amended;	82148

(4) Observe the terms of any bona fide apprenticeship program	82149
if the program is registered with the Ohio apprenticeship council	82150
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	82151
approved by the federal committee on apprenticeship of the United	82152
States department of labor.	82153

(P) Nothing in this chapter prohibiting age discrimination	82154
and nothing in division (A) of section 4112.14 of the Revised Code	82155
shall be construed to prohibit the following:	82156

(1) The designation of uniform age the attainment of which is	82157
necessary for public employees to receive pension or other	82158
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	82159
or 5505. of the Revised Code;	82160

(2) The mandatory retirement of uniformed patrol officers of	82161
the state highway patrol as provided in section 5505.16 of the	82162
Revised Code;	82163

(3) The maximum age requirements for appointment as a patrol	82164
officer in the state highway patrol established by section 5503.01	82165
of the Revised Code;	82166

(4) The maximum age requirements established for original	82167
appointment to a police department or fire department in sections	82168
124.41 and 124.42 of the Revised Code;	82169

(5) Any maximum age not in conflict with federal law that may	82170
be established by a municipal charter, municipal ordinance, or	82171
resolution of a board of township trustees for original	82172
appointment as a police officer or firefighter;	82173

(6) Any mandatory retirement provision not in conflict with	82174
federal law of a municipal charter, municipal ordinance, or	82175
resolution of a board of township trustees pertaining to police	82176
officers and firefighters;	82177

(7) Until January 1, 1994, the mandatory retirement of any	82178
employee who has attained seventy years of age and who is serving	82179
under a contract of unlimited tenure, or similar arrangement	82180
providing for unlimited tenure, at an institution of higher	82181
education as defined in the "Education Amendments of 1980," 94	82182
Stat. 1503, 20 U.S.C.A. 1141(a).	82183

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	82184
section, for purposes of divisions (A) to (E) of this section, a	82185
disability does not include any physiological disorder or	82186
condition, mental or psychological disorder, or disease or	82187
condition caused by an illegal use of any controlled substance by	82188
an employee, applicant, or other person, if an employer,	82189
employment agency, personnel placement service, labor	82190
organization, or joint labor-management committee acts on the	82191
basis of that illegal use.	82192

(b) Division (Q)(1)(a) of this section does not apply to an	82193
employee, applicant, or other person who satisfies any of the	82194
following:	82195

(i) The employee, applicant, or other person has successfully	82196
completed a supervised drug rehabilitation program and no longer	82197
is engaging in the illegal use of any controlled substance, or the	82198
employee, applicant, or other person otherwise successfully has	82199
been rehabilitated and no longer is engaging in that illegal use.	82200

(ii) The employee, applicant, or other person is	82201
participating in a supervised drug rehabilitation program and no	82202
longer is engaging in the illegal use of any controlled substance.	82203

(iii) The employee, applicant, or other person is erroneously	82204
regarded as engaging in the illegal use of any controlled	82205
substance, but the employee, applicant, or other person is not	82206
engaging in that illegal use.	82207

(2) Divisions (A) to (E) of this section do not prohibit an	82208
employer, employment agency, personnel placement service, labor	82209
organization, or joint labor-management committee from doing any	82210
of the following:	82211

(a) Adopting or administering reasonable policies or	82212
procedures, including, but not limited to, testing for the illegal	82213
use of any controlled substance, that are designed to ensure that	82214
an individual described in division (Q)(1)(b)(i) or (ii) of this	82215
section no longer is engaging in the illegal use of any controlled	82216
substance;	82217

(b) Prohibiting the illegal use of controlled substances and	82218
the use of alcohol at the workplace by all employees;	82219

(c) Requiring that employees not be under the influence of	82220
alcohol or not be engaged in the illegal use of any controlled	82221
substance at the workplace;	82222

(d) Requiring that employees behave in conformance with the	82223
requirements established under "The Drug-Free Workplace Act of	82224
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	82225

(e) Holding an employee who engages in the illegal use of any	82226
controlled substance or who is an alcoholic to the same	82227
qualification standards for employment or job performance, and the	82228
same behavior, to which the employer, employment agency, personnel	82229
placement service, labor organization, or joint labor-management	82230
committee holds other employees, even if any unsatisfactory	82231
performance or behavior is related to an employee's illegal use of	82232
a controlled substance or alcoholism;	82233

(f) Exercising other authority recognized in the "Americans	82234
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	82235
as amended, including, but not limited to, requiring employees to	82236
comply with any applicable federal standards.	82237

(3) For purposes of this chapter, a test to determine the	82238
illegal use of any controlled substance does not include a medical	82239
examination.	82240

(4) Division (Q) of this section does not encourage,	82241
prohibit, or authorize, and shall not be construed as encouraging,	82242
prohibiting, or authorizing, the conduct of testing for the	82243
illegal use of any controlled substance by employees, applicants,	82244
or other persons, or the making of employment decisions based on	82245
the results of that type of testing.	82246

(R) This section does not apply to a religious corporation,	82247
association, educational institution, or society with respect to	82248
the employment of an individual of a particular religion to	82249
perform work connected with the carrying on by that religious	82250
corporation, association, educational institution, or society of	82251
its activities.	82252

The unlawful discriminatory practices defined in this section	82253
do not make it unlawful for a person or an appointing authority	82254
administering an examination under section 124.23 of the Revised	82255
Code to obtain information about an applicant's military status	82256
for the purpose of determining if the applicant is eligible for	82257
the additional credit that is available under that section.	82258

Sec. 4112.12. (A) There is hereby created the commission on	82259
African-American males, which shall consist of not more than	82260
twenty-five members as follows: the directors or their designees	82261
of the departments of health, development, ~~alcohol and drug~~	82262
~~addiction services~~mental health and addiction services, and job	82263
and family services; the equal employment opportunity officer of	82264
the department of administrative services or the equal employment	82265
opportunity officer's designee; the executive director or the	82266
executive director's designee of the Ohio civil rights commission;	82267
the executive director or the executive director's designee of the	82268
division of criminal justice services in the department of public	82269
safety; the superintendent of public instruction; the chancellor	82270
or the chancellor's designee of the Ohio board of regents; two	82271
members of the house of representatives appointed by the speaker	82272
of the house of representatives each of whom shall be members of	82273
different political parties; and two members of the senate	82274
appointed by the president of the senate each of whom shall be	82275
members of different political parties. The members who are	82276
members of the general assembly shall be nonvoting members. The	82277
Ohio state university African American and African studies	82278
community extension center, in consultation with the governor,	82279
shall appoint four members from the private corporate sector, at	82280
least four members from the public sector, and two members from	82281
the nonprofit sector.	82282

(B) Terms of office shall be for three years, except that	82283
members of the general assembly appointed to the commission shall	82284
be members only so long as they are members of the general	82285
assembly. Each term ends on the same day of the same month as did	82286
the term that it succeeds. Each member shall hold office from the	82287
date of appointment until the end of the term for which the member	82288
was appointed. Members may be reappointed. Vacancies shall be	82289
filled in the manner provided for original appointments. Any	82290
member appointed to fill a vacancy occurring prior to the	82291
expiration date of the term for which the member's predecessor was	82292
appointed shall hold office as a member for the remainder of that	82293
term. A member shall continue in office subsequent to the	82294
expiration date of the member's term until the member's successor	82295
takes office or until a period of sixty days has elapsed,	82296
whichever occurs first.	82297

The commission annually shall elect a chairperson from among	82298
its members.	82299

(C) Members of the commission and members of subcommittees	82300
appointed under division (B) of section 4112.13 of the Revised	82301
Code shall not be compensated, but shall be reimbursed for their	82302
necessary and actual expenses incurred in the performance of their	82303
official duties.	82304

(D) The Ohio state university African American and African	82305
studies community extension center, in consultation with the	82306
governor, shall appoint an executive director of the commission on	82307
African-American males, who shall be in the unclassified civil	82308
service. The executive director shall supervise the commission's	82309
activities and report to the commission and to the Ohio state	82310
university African American and African studies community	82311
extension center on the progress of those activities. The	82312
executive director shall do all things necessary for the efficient	82313
and effective implementation of the duties of the commission.	82314

The responsibilities assigned to the executive director do	82315
not relieve the members of the commission from final	82316
responsibility for the proper performance of the requirements of	82317
this division.	82318

(E) The commission on African-American males shall do all of	82319
the following:	82320

(1) Employ, promote, supervise, and remove all employees, as	82321
needed, in connection with the performance of its duties under	82322
this section;	82323

(2) Maintain its office in Columbus;

82324

(3) Acquire facilities, equipment, and supplies necessary to	82325
house the commission, its employees, and files and records under	82326
its control, and to discharge any duty imposed upon it by law. The	82327
expense of these acquisitions shall be audited and paid for in the	82328
same manner as other state expenses.	82329

(4) Establish the overall policy and management of the	82330
commission in accordance with this chapter;	82331

(5) Follow all state procurement requirements;

82332

(6) Implement the policies and plans of the Ohio state	82333
university African American and African studies community	82334
extension center as those policies and plans are formulated and	82335
adopted by the Ohio state university African American and African	82336
studies community extension center;	82337

(7) Report to the Ohio state university African American and	82338
African studies community extension center on the progress of the	82339
commission on African-American males in implementing the policies	82340
and plans of the Ohio state university African American and	82341
African studies community extension center.	82342

(F) The commission on African-American males may:

82343

(1) Hold sessions at any place within the state, except that	82344
the commission on African-American males shall meet at least	82345
quarterly;	82346

(2) Establish, change, or abolish positions, and assign and	82347
reassign duties and responsibilities of any employee of the	82348
commission on African-American males as necessary to achieve the	82349
most efficient performance of its functions.	82350

(G) The Ohio state university African American and African	82351
studies community extension center shall establish the overall	82352
policy and management of the commission on African-American males	82353
and shall direct, manage, and oversee the commission. The Ohio	82354
state university African American and African studies community	82355
extension center shall develop overall policies and plans, and the	82356
commission on African-American males shall implement those	82357
policies and plans. The commission on African-American males,	82358
through its executive director, shall keep the Ohio state	82359
university African American and African studies community	82360
extension center informed as to the activities of the commission	82361
on African-American males in such manner and at such times as the	82362
Ohio state university African American and African studies	82363
community extension center shall determine.	82364

The Ohio state university African American and African	82365
studies community extension center may prescribe duties and	82366
responsibilities of the commission on African-American males in	82367
addition to those prescribed in section 4112.13 of the Revised	82368
Code.	82369

(H) The Ohio state university African American and African	82370
studies community extension center annually shall contract for a	82371
report on the status of African Americans in this state. Issues to	82372
be evaluated in the report shall include the criminal justice	82373
system, education, employment, health care, and housing, and such	82374
other issues as the Ohio state university African American and	82375
African studies community extension center may specify. The report	82376
shall include policy recommendations relating to the issues	82377
covered in the report.	82378

Sec. 4112.31. The new African immigrants commission shall do	82379
all of the following:	82380

(A) Gather and disseminate information and conduct hearings,	82381
conferences, investigations, and special studies on problems and	82382
programs concerning sub-Saharan African people;	82383

(B) Secure appropriate recognition of the accomplishments and	82384
contributions of sub-Saharan African people to this state;	82385

(C) Stimulate public awareness of the problems of sub-Saharan	82386
African people by conducting a program of public education;	82387

(D) Develop, coordinate, and assist other public and private	82388
organizations that serve sub-Saharan African people, including the	82389
conducting of training programs for community leadership and	82390
service project staff;	82391

(E) Advise the governor, general assembly, and state	82392
departments and agencies of the nature, magnitude, and priorities	82393
of the problems of sub-Saharan African people;	82394

(F) Advise the governor, general assembly, and state	82395
departments and agencies on, and assist in the development and	82396
implementation of, comprehensive and coordinated policies,	82397
programs, and procedures focusing on the special problems and	82398
needs of sub-Saharan African people, especially in the fields of	82399
education, employment, energy, health, housing, welfare, and	82400
recreation;	82401

(G) Propose new programs concerning sub-Saharan African	82402
people to public and private agencies and evaluate for such	82403
agencies existing programs or prospective legislation concerning	82404
sub-Saharan African people;	82405

(H) Review and approve grants to be made from federal, state,	82406
or private funds that are administered or subcontracted by the	82407
commission;	82408

(I) Prepare, review, and approve an annual report;

82409

(J) Serve as a clearinghouse to review and comment on all	82410
proposals to meet the needs of sub-Saharan African people that are	82411
submitted to it by public and private agencies;	82412

(K) Apply for and accept grants and gifts from governmental	82413
and private sources to be administered by the commission or	82414
subcontracted to local agencies;	82415

(L) Monitor and evaluate all programs subcontracted to local	82416
agencies by the commission;	82417

(M) Endeavor to assure that sub-Saharan African people have	82418
access to decision-making bodies in all state and local	82419
governmental departments and agencies;	82420

(N) Establish advisory committees on special subjects as	82421
needed to facilitate and maximize community participation in the	82422
operation of the commission;	82423

(O) Establish with state and local governments and private	82424
business and industry relationships that promote and assure equal	82425
opportunity for sub-Saharan African people in government,	82426
education, and employment.	82427

(P) Create an interagency council consisting of the following	82428
persons or their authorized representatives: one member of the	82429
senate appointed by the president of the senate; one member of the	82430
house of representatives appointed by the speaker of the house of	82431
representatives; the directors of administrative services,	82432
agriculture, education, development services, health, highway	82433
safety, job and family services, liquor control, ~~mental health~~	82434
mental health and addiction services, ~~mental retardation~~ and	82435
developmental disabilities, natural resources, rehabilitation and	82436
correction, youth services, transportation, environmental	82437
protection, and budget and management; the chairperson of the Ohio	82438
civil rights commission, the ~~administrators~~administrator of the	82439
bureau of workers' compensation ~~and~~, the ~~rehabilitation services~~	82440
~~commission~~executive director of the opportunities for Ohioans	82441
with disabilities agency, and an additional member of the	82442
governor's cabinet appointed by the governor. The new African	82443
immigrants commission, by rule, may designate other state officers	82444
or their representatives to be members of the council. The	82445
director of the commission shall be the chairperson of the	82446
council.	82447

The interagency council shall provide and coordinate the	82448
exchange of information relative to the needs of sub-Saharan	82449
African people and promote the delivery of state services to such	82450
people. The council shall meet at the call of the chairperson.	82451

Advisory committees shall be composed of persons representing	82452
community organizations and charitable institutions, public	82453
officials, and such other persons as the commission determines.	82454

Sec. 4115.034. On January 1, 1996, and the first day of	82455
January of every even-numbered year thereafter, the director of	82456
commerce shall adjust the threshold levels for which public	82457
improvement projects are subject to sections 4115.03 to 4115.16 of	82458
the Revised Code as set forth in divisions (B)(3) and (4) of	82459
section 4115.03 of the Revised Code. The director shall adjust	82460
those amounts according to the average increase or decrease for	82461
each of the two years immediately preceding the adjustment as set	82462
forth in ~~the United States department of commerce, bureau of the~~	82463
~~census implicit price deflator for~~the construction cost index	82464
published by the engineering news-record or, should that index	82465
cease to be published, a similar recognized industry index chosen	82466
by the director, provided that no increase or decrease for any	82467
year shall exceed three per cent of the threshold level in	82468
existence at the time of the adjustment.	82469

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	82470
Code, there is hereby created the state committee for the purchase	82471
of products and services provided by persons with severe	82472
disabilities. The committee shall be composed ex officio of the	82473
following persons, or their designees:	82474

(1) The directors of administrative services, ~~mental health~~	82475
mental health and addiction services, developmental disabilities,	82476
transportation, natural resources, and commerce;	82477

(2) The ~~administrators~~administrator of the ~~rehabilitation~~	82478
~~services commission and the~~ bureau of workers' compensation and	82479
the executive director of the opportunities for Ohioans with	82480
disabilities agency;	82481

(3) The secretary of state;

82482

(4) One representative of a purchasing department of a	82483
political subdivision who is designated by the governor.	82484

The governor shall appoint two representatives of a qualified	82485
nonprofit agency for persons with severe disabilities, and a	82486
person with a severe disability to the committee.	82487

(B) Within thirty days after September 29, 1995, the governor	82488
shall appoint the representatives of a qualified nonprofit agency	82489
for persons with severe disabilities to the committee for a term	82490
ending August 31, 1996. Thereafter, terms for such representatives	82491
are for three years, each term ending on the same day of the same	82492
month of the year as did the term that it succeeds. Each committee	82493
member shall serve from the date of the member's appointment until	82494
the end of the term for which the member was appointed. Vacancies	82495
shall be filled in the same manner provided for original	82496
appointments. Any member appointed to fill a vacancy occurring	82497
prior to the expiration date of the term for which the member's	82498
predecessor was appointed shall serve as a member for the	82499
remainder of that term. A member shall serve subsequent to the	82500
expiration of the member's term and shall continue to serve until	82501
the member's successor takes office.	82502

(C) Members of the committee shall serve without	82503
compensation. Except as otherwise provided in divisions (C)(1) and	82504
(2) of this section, members shall be reimbursed for actual and	82505
necessary expenses, including travel expenses, incurred while away	82506
from their homes or regular places of business and incurred while	82507
performing services for the committee.	82508

(1) The members listed in divisions (A)(1) to (3) of this	82509
section, or their designees, shall not be reimbursed for any	82510
expenses.	82511

(2) No member of the committee who is entitled to receive	82512
reimbursement for the performance of services for the committee	82513
from another agency or entity shall receive reimbursement from the	82514
committee.	82515

(D) The committee shall elect from among its members a	82516
chairperson. The committee may request from any agency of the	82517
state, political subdivision, or instrumentality of the state any	82518
information necessary to enable it to carry out the intent of	82519
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	82520
the committee, the agency, subdivision, or instrumentality shall	82521
furnish the information to the chairperson of the committee.	82522

(E) The committee shall not later than one hundred eighty	82523
days following the close of each fiscal year transmit to the	82524
governor, the general assembly, and each qualified nonprofit	82525
agency for persons with severe disabilities a report that includes	82526
the names of the committee members serving during the preceding	82527
fiscal year, the dates of committee meetings in that year, and any	82528
recommendations for changes in sections 4115.31 to 4115.35 of the	82529
Revised Code that the committee determines are necessary.	82530

(F) The director of administrative services shall designate a	82531
subordinate to act as executive director of the committee and	82532
shall furnish other staff and clerical assistance, office space,	82533
and supplies required by the committee.	82534

Sec. 4117.06. (A) The state employment relations board shall	82535
decide in each case the unit appropriate for the purposes of	82536
collective bargaining. The determination is final and conclusive	82537
and not appealable to the court.	82538

(B) The board shall determine the appropriateness of each	82539
bargaining unit and shall consider among other relevant factors:	82540
the desires of the employees; the community of interest; wages,	82541
hours, and other working conditions of the public employees; the	82542
effect of over-fragmentation; the efficiency of operations of the	82543
public employer; the administrative structure of the public	82544
employer; and the history of collective bargaining.	82545

(C) The board may determine a unit to be the appropriate unit	82546
in a particular case, even though some other unit might also be	82547
appropriate.	82548

(D) In addition, in determining the appropriate unit, the	82549
board shall not:	82550

(1) Decide that any unit is appropriate if the unit includes	82551
both professional and nonprofessional employees, unless a majority	82552
of the professional employees and a majority of the	82553
nonprofessional employees first vote for inclusion in the unit;	82554

(2) Include guards or correction officers at correctional or	82555
mental institutions, special police officers appointed in	82556
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	82557
Revised Code, psychiatric attendants employed at mental health	82558
forensic facilities, youth leaders employed at juvenile correction	82559
facilities, or any public employee employed as a guard to enforce	82560
against other employees rules to protect property of the employer	82561
or to protect the safety of persons on the employer's premises in	82562
a unit with other employees;	82563

(3) Include members of a police or fire department or members	82564
of the state highway patrol in a unit with other classifications	82565
of public employees of the department;	82566

(4) Designate as appropriate a bargaining unit that contains	82567
more than one institution of higher education; nor shall it within	82568
any such institution of higher education designate as appropriate	82569
a unit where such designation would be inconsistent with the	82570
accreditation standards or interpretations of such standards,	82571
governing such institution of higher education or any department,	82572
school, or college thereof. For the purposes of this division, any	82573
branch or regional campus of a public institution of higher	82574
education is part of that institution of higher education.	82575

(5) Designate as appropriate a bargaining unit that contains	82576
employees within the jurisdiction of more than one elected county	82577
office holder, unless the county-elected office holder and the	82578
board of county commissioners agree to such other designation;	82579

(6) With respect to members of a police department, designate	82580
as appropriate a unit that includes rank and file members of the	82581
department with members who are of the rank of sergeant or above;	82582

(7) Except as otherwise provided by division (A)(3) of	82583
section 3314.10 or division (B) of section 3326.18 of the Revised	82584
Code, designate as appropriate a bargaining unit that contains	82585
employees from multiple community schools established under	82586
Chapter 3314. or multiple science, technology, engineering, and	82587
mathematics schools established under Chapter 3326. of the Revised	82588
Code. For purposes of this division, more than one unit may be	82589
designated within a single community school or science,	82590
technology, engineering, and mathematics school.	82591

This section shall not be deemed to prohibit multiunit	82592
bargaining.	82593

Sec. 4117.14. (A) The procedures contained in this section	82594
govern the settlement of disputes between an exclusive	82595
representative and a public employer concerning the termination or	82596
modification of an existing collective bargaining agreement or	82597
negotiation of a successor agreement, or the negotiation of an	82598
initial collective bargaining agreement.	82599

(B)(1) In those cases where there exists a collective	82600
bargaining agreement, any public employer or exclusive	82601
representative desiring to terminate, modify, or negotiate a	82602
successor collective bargaining agreement shall:	82603

(a) Serve written notice upon the other party of the proposed	82604
termination, modification, or successor agreement. The party must	82605
serve the notice not less than sixty days prior to the expiration	82606
date of the existing agreement or, in the event the existing	82607
collective bargaining agreement does not contain an expiration	82608
date, not less than sixty days prior to the time it is proposed to	82609
make the termination or modifications or to make effective a	82610
successor agreement.	82611

(b) Offer to bargain collectively with the other party for	82612
the purpose of modifying or terminating any existing agreement or	82613
negotiating a successor agreement;	82614

(c) Notify the state employment relations board of the offer	82615
by serving upon the board a copy of the written notice to the	82616
other party and a copy of the existing collective bargaining	82617
agreement.	82618

(2) In the case of initial negotiations between a public	82619
employer and an exclusive representative, where a collective	82620
bargaining agreement has not been in effect between the parties,	82621
any party may serve notice upon the board and the other party	82622
setting forth the names and addresses of the parties and offering	82623
to meet, for a period of ninety days, with the other party for the	82624
purpose of negotiating a collective bargaining agreement.	82625

If the settlement procedures specified in divisions (B), (C),	82626
and (D) of this section govern the parties, where those procedures	82627
refer to the expiration of a collective bargaining agreement, it	82628
means the expiration of the sixty-day period to negotiate a	82629
collective bargaining agreement referred to in this subdivision,	82630
or in the case of initial negotiations, it means the ninety-day	82631
period referred to in this subdivision.	82632

(3) The parties shall continue in full force and effect all	82633
the terms and conditions of any existing collective bargaining	82634
agreement, without resort to strike or lock-out, for a period of	82635
sixty days after the party gives notice or until the expiration	82636
date of the collective bargaining agreement, whichever occurs	82637
later, or for a period of ninety days where applicable.	82638

(4) Upon receipt of the notice, the parties shall enter into	82639
collective bargaining.	82640

(C) In the event the parties are unable to reach an	82641
agreement, they may submit, at any time prior to forty-five days	82642
before the expiration date of the collective bargaining agreement,	82643
the issues in dispute to any mutually agreed upon dispute	82644
settlement procedure which supersedes the procedures contained in	82645
this section.	82646

(1) The procedures may include:

82647

(a) Conventional arbitration of all unsettled issues;

82648

(b) Arbitration confined to a choice between the last offer	82649
of each party to the agreement as a single package;	82650

(c) Arbitration confined to a choice of the last offer of	82651
each party to the agreement on each issue submitted;	82652

(d) The procedures described in division (C)(1)(a), (b), or	82653
(c) of this section and including among the choices for the	82654
arbitrator, the recommendations of the fact finder, if there are	82655
recommendations, either as a single package or on each issue	82656
submitted;	82657

(e) Settlement by a citizens' conciliation council composed	82658
of three residents within the jurisdiction of the public employer.	82659
The public employer shall select one member and the exclusive	82660
representative shall select one member. The two members selected	82661
shall select the third member who shall chair the council. If the	82662
two members cannot agree upon a third member within five days	82663
after their appointments, the board shall appoint the third	82664
member. Once appointed, the council shall make a final settlement	82665
of the issues submitted to it pursuant to division (G) of this	82666
section.	82667

(f) Any other dispute settlement procedure mutually agreed to	82668
by the parties.	82669

(2) If, fifty days before the expiration date of the	82670
collective bargaining agreement, the parties are unable to reach	82671
an agreement, any party may request the state employment relations	82672
board to intervene. The request shall set forth the names and	82673
addresses of the parties, the issues involved, and, if applicable,	82674
the expiration date of any agreement.	82675

The board shall intervene and investigate the dispute to	82676
determine whether the parties have engaged in collective	82677
bargaining.	82678

If an impasse exists or forty-five days before the expiration	82679
date of the collective bargaining agreement if one exists, the	82680
board shall appoint a mediator to assist the parties in the	82681
collective bargaining process.	82682

(3) Any time after the appointment of a mediator, either	82683
party may request the appointment of a fact-finding panel. Within	82684
fifteen days after receipt of a request for a fact-finding panel,	82685
the board shall appoint a fact-finding panel of not more than	82686
three members who have been selected by the parties in accordance	82687
with rules established by the board, from a list of qualified	82688
persons maintained by the board.	82689

(a) The fact-finding panel shall, in accordance with rules	82690
and procedures established by the board that include the	82691
regulation of costs and expenses of fact-finding, gather facts and	82692
make recommendations for the resolution of the matter. The board	82693
shall by its rules require each party to specify in writing the	82694
unresolved issues and its position on each issue to the	82695
fact-finding panel. The fact-finding panel shall make final	82696
recommendations as to all the unresolved issues.	82697

(b) The board may continue mediation, order the parties to	82698
engage in collective bargaining until the expiration date of the	82699
agreement, or both.	82700

(4) The following guidelines apply to fact-finding:

82701

(a) The fact-finding panel may establish times and place of	82702
hearings which shall be, where feasible, in the jurisdiction of	82703
the state.	82704

(b) The fact-finding panel shall conduct the hearing pursuant	82705
to rules established by the board.	82706

(c) Upon request of the fact-finding panel, the board shall	82707
issue subpoenas for hearings conducted by the panel.	82708

(d) The fact-finding panel may administer oaths.

82709

(e) The board shall prescribe guidelines for the fact-finding	82710
panel to follow in making findings. In making its recommendations,	82711
the fact-finding panel shall take into consideration the factors	82712
listed in divisions (G)(7)(a) to (f) of this section.	82713

(f) The fact-finding panel may attempt mediation at any time	82714
during the fact-finding process. From the time of appointment	82715
until the fact-finding panel makes a final recommendation, it	82716
shall not discuss the recommendations for settlement of the	82717
dispute with parties other than the direct parties to the dispute.	82718

(5) The fact-finding panel, acting by a majority of its	82719
members, shall transmit its findings of fact and recommendations	82720
on the unresolved issues to the public employer and employee	82721
organization involved and to the board no later than fourteen days	82722
after the appointment of the fact-finding panel, unless the	82723
parties mutually agree to an extension. The parties shall share	82724
the cost of the fact-finding panel in a manner agreed to by the	82725
parties.	82726

(6)(a) Not later than seven days after the findings and	82727
recommendations are sent, the legislative body, by a three-fifths	82728
vote of its total membership, and in the case of the public	82729
employee organization, the membership, by a three-fifths vote of	82730
the total membership, may reject the recommendations; if neither	82731
rejects the recommendations, the recommendations shall be deemed	82732
agreed upon as the final resolution of the issues submitted and a	82733
collective bargaining agreement shall be executed between the	82734
parties, including the fact-finding panel's recommendations,	82735
except as otherwise modified by the parties by mutual agreement.	82736
If either the legislative body or the public employee organization	82737
rejects the recommendations, the board shall publicize the	82738
findings of fact and recommendations of the fact-finding panel.	82739
The board shall adopt rules governing the procedures and methods	82740
for public employees to vote on the recommendations of the	82741
fact-finding panel.	82742

(b) As used in division (C)(6)(a) of this section,	82743
"legislative body" means the controlling board when the state or	82744
any of its agencies, authorities, commissions, boards, or other	82745
branch of public employment is party to the fact-finding process.	82746

(D) If the parties are unable to reach agreement within seven	82747
days after the publication of findings and recommendations from	82748
the fact-finding panel or the collective bargaining agreement, if	82749
one exists, has expired, then the:	82750

(1) Public employees, who are members of a police or fire	82751
department, members of the state highway patrol, deputy sheriffs,	82752
dispatchers employed by a police, fire, or sheriff's department or	82753
the state highway patrol or civilian dispatchers employed by a	82754
public employer other than a police, fire, or sheriff's department	82755
to dispatch police, fire, sheriff's department, or emergency	82756
medical or rescue personnel and units, an exclusive nurse's unit,	82757
employees of the state school for the deaf or the state school for	82758
the blind, employees of any public employee retirement system,	82759
corrections officers, guards at penal or mental institutions,	82760
special police officers appointed in accordance with sections	82761
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	82762
attendants employed at mental health forensic facilities, youth	82763
leaders employed at juvenile correctional facilities, or members	82764
of a law enforcement security force that is established and	82765
maintained exclusively by a board of county commissioners and	82766
whose members are employed by that board, shall submit the matter	82767
to a final offer settlement procedure pursuant to a board order	82768
issued forthwith to the parties to settle by a conciliator	82769
selected by the parties. The parties shall request from the board	82770
a list of five qualified conciliators and the parties shall select	82771
a single conciliator from the list by alternate striking of names.	82772
If the parties cannot agree upon a conciliator within five days	82773
after the board order, the board shall on the sixth day after its	82774
order appoint a conciliator from a list of qualified persons	82775
maintained by the board or shall request a list of qualified	82776
conciliators from the American arbitration association and appoint	82777
therefrom.	82778

(2) Public employees other than those listed in division	82779
(D)(1) of this section have the right to strike under Chapter	82780
4117. of the Revised Code provided that the employee organization	82781
representing the employees has given a ten-day prior written	82782
notice of an intent to strike to the public employer and to the	82783
board, and further provided that the strike is for full,	82784
consecutive work days and the beginning date of the strike is at	82785
least ten work days after the ending date of the most recent prior	82786
strike involving the same bargaining unit; however, the board, at	82787
its discretion, may attempt mediation at any time.	82788

(E) Nothing in this section shall be construed to prohibit	82789
the parties, at any time, from voluntarily agreeing to submit any	82790
or all of the issues in dispute to any other alternative dispute	82791
settlement procedure. An agreement or statutory requirement to	82792
arbitrate or to settle a dispute pursuant to a final offer	82793
settlement procedure and the award issued in accordance with the	82794
agreement or statutory requirement is enforceable in the same	82795
manner as specified in division (B) of section 4117.09 of the	82796
Revised Code.	82797

(F) Nothing in this section shall be construed to prohibit a	82798
party from seeking enforcement of a collective bargaining	82799
agreement or a conciliator's award as specified in division (B) of	82800
section 4117.09 of the Revised Code.	82801

(G) The following guidelines apply to final offer settlement	82802
proceedings under division (D)(1) of this section:	82803

(1) The parties shall submit to final offer settlement those	82804
issues that are subject to collective bargaining as provided by	82805
section 4117.08 of the Revised Code and upon which the parties	82806
have not reached agreement and other matters mutually agreed to by	82807
the public employer and the exclusive representative; except that	82808
the conciliator may attempt mediation at any time.	82809

(2) The conciliator shall hold a hearing within thirty days	82810
of the board's order to submit to a final offer settlement	82811
procedure, or as soon thereafter as is practicable.	82812

(3) The conciliator shall conduct the hearing pursuant to	82813
rules developed by the board. The conciliator shall establish the	82814
hearing time and place, but it shall be, where feasible, within	82815
the jurisdiction of the state. Not later than five calendar days	82816
before the hearing, each of the parties shall submit to the	82817
conciliator, to the opposing party, and to the board, a written	82818
report summarizing the unresolved issues, the party's final offer	82819
as to the issues, and the rationale for that position.	82820

(4) Upon the request by the conciliator, the board shall	82821
issue subpoenas for the hearing.	82822

(5) The conciliator may administer oaths.

82823

(6) The conciliator shall hear testimony from the parties and	82824
provide for a written record to be made of all statements at the	82825
hearing. The board shall submit for inclusion in the record and	82826
for consideration by the conciliator the written report and	82827
recommendation of the fact-finders.	82828

(7) After hearing, the conciliator shall resolve the dispute	82829
between the parties by selecting, on an issue-by-issue basis, from	82830
between each of the party's final settlement offers, taking into	82831
consideration the following:	82832

(a) Past collectively bargained agreements, if any, between	82833
the parties;	82834

(b) Comparison of the issues submitted to final offer	82835
settlement relative to the employees in the bargaining unit	82836
involved with those issues related to other public and private	82837
employees doing comparable work, giving consideration to factors	82838
peculiar to the area and classification involved;	82839

(c) The interests and welfare of the public, the ability of	82840
the public employer to finance and administer the issues proposed,	82841
and the effect of the adjustments on the normal standard of public	82842
service;	82843

(d) The lawful authority of the public employer;

82844

(e) The stipulations of the parties;

82845

(f) Such other factors, not confined to those listed in this	82846
section, which are normally or traditionally taken into	82847
consideration in the determination of the issues submitted to	82848
final offer settlement through voluntary collective bargaining,	82849
mediation, fact-finding, or other impasse resolution procedures in	82850
the public service or in private employment.	82851

(8) Final offer settlement awards made under Chapter 4117. of	82852
the Revised Code are subject to Chapter 2711. of the Revised Code.	82853

(9) If more than one conciliator is used, the determination	82854
must be by majority vote.	82855

(10) The conciliator shall make written findings of fact and	82856
promulgate a written opinion and order upon the issues presented	82857
to the conciliator, and upon the record made before the	82858
conciliator and shall mail or otherwise deliver a true copy	82859
thereof to the parties and the board.	82860

(11) Increases in rates of compensation and other matters	82861
with cost implications awarded by the conciliator may be effective	82862
only at the start of the fiscal year next commencing after the	82863
date of the final offer settlement award; provided that if a new	82864
fiscal year has commenced since the issuance of the board order to	82865
submit to a final offer settlement procedure, the awarded	82866
increases may be retroactive to the commencement of the new fiscal	82867
year. The parties may, at any time, amend or modify a	82868
conciliator's award or order by mutual agreement.	82869

(12) The parties shall bear equally the cost of the final	82870
offer settlement procedure.	82871

(13) Conciliators appointed pursuant to this section shall be	82872
residents of the state.	82873

(H) All final offer settlement awards and orders of the	82874
conciliator made pursuant to Chapter 4117. of the Revised Code are	82875
subject to review by the court of common pleas having jurisdiction	82876
over the public employer as provided in Chapter 2711. of the	82877
Revised Code. If the public employer is located in more than one	82878
court of common pleas district, the court of common pleas in which	82879
the principal office of the chief executive is located has	82880
jurisdiction.	82881

(I) The issuance of a final offer settlement award	82882
constitutes a binding mandate to the public employer and the	82883
exclusive representative to take whatever actions are necessary to	82884
implement the award.	82885

Sec. 4117.15. (A) Whenever a strike by members of a police	82886
or fire department, members of the state highway patrol, deputy	82887
sheriffs, dispatchers employed by a police, fire, or sheriff's	82888
department or the state highway patrol or civilian dispatchers	82889
employed by a public employer other than a police, fire, or	82890
sheriff's department to dispatch police, fire, sheriff's	82891
department, or emergency medical or rescue personnel and units, an	82892
exclusive nurse's unit, employees of the state school for the deaf	82893
or the state school for the blind, employees of any public	82894
employee retirement system, correction officers, guards at penal	82895
or mental institutions, or special police officers appointed in	82896
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	82897
Revised Code, psychiatric attendants employed at mental health	82898
forensic facilities, youth leaders employed at juvenile	82899
correctional facilities, or members of a law enforcement security	82900
force that is established and maintained exclusively by a board of	82901
county commissioners and whose members are employed by that board,	82902
a strike by other public employees during the pendency of the	82903
settlement procedures set forth in section 4117.14 of the Revised	82904
Code, or a strike during the term or extended term of a collective	82905
bargaining agreement occurs, the public employer may seek an	82906
injunction against the strike in the court of common pleas of the	82907
county in which the strike is located.	82908

(B) An unfair labor practice by a public employer is not a	82909
defense to the injunction proceeding noted in division (A) of this	82910
section. Allegations of unfair labor practices during the	82911
settlement procedures set forth in section 4117.14 of the Revised	82912
Code shall receive priority by the state employment relations	82913
board.	82914

(C) No public employee is entitled to pay or compensation	82915
from the public employer for the period engaged in any strike.	82916

Sec. 4121.44. (A) The administrator of workers' compensation	82917
shall oversee the implementation of the Ohio workers' compensation	82918
qualified health plan system as established under section 4121.442	82919
of the Revised Code.	82920

(B) The administrator shall direct the implementation of the	82921
health partnership program administered by the bureau as set forth	82922
in section 4121.441 of the Revised Code. To implement the health	82923
partnership program and to ensure the efficiency and effectiveness	82924
of the public services provided through the program, the bureau:	82925

(1) Shall certify one or more external vendors, which shall	82926
be known as "managed care organizations," to provide medical	82927
management and cost containment services in the health partnership	82928
program for a period of two years beginning on the date of	82929
certification, consistent with the standards established under	82930
this section;	82931

(2) May recertify ~~external vendors~~managed care organizations	82932
for additional periods of two years; and	82933

(3) May integrate the certified ~~vendors~~managed care	82934
organizations with bureau staff and existing bureau services for	82935
purposes of operation and training to allow the bureau to assume	82936
operation of the health partnership program at the conclusion of	82937
the certification periods set forth in division (B)(1) or (2) of	82938
this section;	82939

(4) May enter into a contract with any managed care	82940
organization that is certified by the bureau, pursuant to division	82941
(B)(1) or (2) of this section, to provide medical management and	82942
cost containment services in the health partnership program.	82943

(C) A contract entered into pursuant to division (B)(4) of	82944
this section shall include both of the following:	82945

(1) Incentives that may be awarded by the administrator, at	82946
the administrator's discretion, based on compliance and	82947
performance of the managed care organization;	82948

(2) Penalties that may be imposed by the administrator, at	82949
the administrator's discretion, based on the failure of the	82950
managed care organization to reasonably comply with or perform	82951
terms of the contract, which may include termination of the	82952
contract.	82953

(D) Notwithstanding section 119.061 of the Revised Code, a	82954
contract entered into pursuant to division (B)(4) of this section	82955
may include provisions limiting, restricting, or regulating any	82956
marketing or advertising by the managed care organization, or by	82957
any individual or entity that is affiliated with or acting on	82958
behalf of the managed care organization, under the health	82959
partnership program.	82960

(E) No managed care organization shall receive compensation	82961
under the health partnership program unless the managed care	82962
organization has entered into a contract with the bureau pursuant	82963
to division (B)(4) of this section.	82964

(F) Any ~~vendor~~managed care organization selected shall	82965
demonstrate all of the following:	82966

(1) Arrangements and reimbursement agreements with a	82967
substantial number of the medical, professional and pharmacy	82968
providers currently being utilized by claimants.	82969

(2) Ability to accept a common format of medical bill data in	82970
an electronic fashion from any provider who wishes to submit	82971
medical bill data in that form.	82972

(3) A computer system able to handle the volume of medical	82973
bills and willingness to customize that system to the bureau's	82974
needs and to be operated by the ~~vendor's~~managed care	82975
organization's staff, bureau staff, or some combination of both	82976
staffs.	82977

(4) A prescription drug system where pharmacies on a	82978
statewide basis have access to the eligibility and pricing, at a	82979
discounted rate, of all prescription drugs.	82980

(5) A tracking system to record all telephone calls from	82981
claimants and providers regarding the status of submitted medical	82982
bills so as to be able to track each inquiry.	82983

(6) Data processing capacity to absorb all of the bureau's	82984
medical bill processing or at least that part of the processing	82985
which the bureau arranges to delegate.	82986

(7) Capacity to store, retrieve, array, simulate, and model	82987
in a relational mode all of the detailed medical bill data so that	82988
analysis can be performed in a variety of ways and so that the	82989
bureau and its governing authority can make informed decisions.	82990

(8) Wide variety of software programs which translate medical	82991
terminology into standard codes, and which reveal if a provider is	82992
manipulating the procedures codes, commonly called "unbundling."	82993

(9) Necessary professional staff to conduct, at a minimum,	82994
authorizations for treatment, medical necessity, utilization	82995
review, concurrent review, post-utilization review, and have the	82996
attendant computer system which supports such activity and	82997
measures the outcomes and the savings.	82998

(10) Management experience and flexibility to be able to	82999
react quickly to the needs of the bureau in the case of required	83000
change in federal or state requirements.	83001

~~(D)~~(G)(1) The administrator may decertify a managed care	83002
organization if the managed care organization does any of the	83003
following:	83004

(a) Fails to maintain any of the requirements set forth in	83005
division (F) of this section;	83006

(b) Fails to reasonably comply with or to perform in	83007
accordance with the terms of a contract entered into under	83008
division (B)(4) of this section;	83009

(c) Violates a rule adopted under section 4121.441 of the	83010
Revised Code.	83011

(2) The administrator shall provide each managed care	83012
organization that is being decertified pursuant to division (G)(1)	83013
of this section with written notice of the pending decertification	83014
and an opportunity for a hearing pursuant to rules adopted by the	83015
administrator.	83016

(H)(1) Information contained in a ~~vendor's~~managed care	83017
organization's application for certification in the health	83018
partnership program, and other information furnished to the bureau	83019
by a ~~vendor~~managed care organization for purposes of obtaining	83020
certification or to comply with performance and financial auditing	83021
requirements established by the administrator, is for the	83022
exclusive use and information of the bureau in the discharge of	83023
its official duties, and shall not be open to the public or be	83024
used in any court in any proceeding pending therein, unless the	83025
bureau is a party to the action or proceeding, but the information	83026
may be tabulated and published by the bureau in statistical form	83027
for the use and information of other state departments and the	83028
public. No employee of the bureau, except as otherwise authorized	83029
by the administrator, shall divulge any information secured by the	83030
employee while in the employ of the bureau in respect to a	83031
~~vendor's~~managed care organization's application for certification	83032
or in respect to the business or other trade processes of any	83033
~~vendor~~managed care organization to any person other than the	83034
administrator or to the employee's superior.	83035

(2) Notwithstanding the restrictions imposed by division	83036
~~(D)~~(H)(1) of this section, the governor, members of select or	83037
standing committees of the senate or house of representatives, the	83038
auditor of state, the attorney general, or their designees,	83039
pursuant to the authority granted in this chapter and Chapter	83040
4123. of the Revised Code, may examine any ~~vendor~~managed care	83041
organization application or other information furnished to the	83042
bureau by the ~~vendor~~managed care organization. None of those	83043
individuals shall divulge any information secured in the exercise	83044
of that authority in respect to a ~~vendor's~~managed care	83045
organization's application for certification or in respect to the	83046
business or other trade processes of any ~~vendor~~managed care	83047
organization to any person.	83048

~~(E)~~(I) On and after January 1, 2001, a ~~vendor~~managed care	83049
organization shall not be ~~any~~an insurance company holding a	83050
certificate of authority issued pursuant to Title XXXIX of the	83051
Revised Code or ~~any~~a health insuring corporation holding a	83052
certificate of authority under Chapter 1751. of the Revised Code.	83053

~~(F)~~(J) The administrator may limit freedom of choice of	83054
health care provider or supplier by requiring, beginning with the	83055
period set forth in division (B)(1) or (2) of this section, that	83056
claimants shall pay an appropriate out-of-plan copayment for	83057
selecting a medical provider not within the health partnership	83058
program as provided for in this section.	83059

~~(G)~~(K) The administrator, six months prior to the expiration	83060
of the bureau's certification or recertification of the ~~vendor or~~	83061
~~vendors~~managed care organizations as set forth in division (B)(1)	83062
or (2) of this section, may certify and provide evidence to the	83063
governor, the speaker of the house of representatives, and the	83064
president of the senate that the existing bureau staff is able to	83065
match or exceed the performance and outcomes of the ~~external~~	83066
~~vendor or vendors~~managed care organizations and that the bureau	83067
should be permitted to internally administer the health	83068
partnership program upon the expiration of the certification or	83069
recertification as set forth in division (B)(1) or (2) of this	83070
section.	83071

~~(H)~~(L) The administrator shall establish and operate a bureau	83072
of workers' compensation health care data program. The	83073
administrator shall develop reporting requirements from all	83074
employees, employers ~~and~~, medical providers, ~~medical vendors~~	83075
managed care organizations, and plans that participate in the	83076
workers' compensation system. The administrator shall do all of	83077
the following:	83078

(1) Utilize the collected data to measure and perform	83079
comparison analyses of costs, quality, appropriateness of medical	83080
care, and effectiveness of medical care delivered by all	83081
components of the workers' compensation system.	83082

(2) Compile data to support activities of the selected ~~vendor~~	83083
~~or vendors~~managed care organizations and to measure the outcomes	83084
and savings of the health partnership program.	83085

(3) Publish and report compiled data on the measures of	83086
outcomes and savings of the health partnership program and submit	83087
the report to the president of the senate, the speaker of the	83088
house of representatives, and the governor with the annual report	83089
prepared under division (F)(3) of section 4121.12 of the Revised	83090
Code. The administrator shall protect the confidentiality of all	83091
proprietary pricing data.	83092

~~(I)~~(M) Any rehabilitation facility the bureau operates is	83093
eligible for inclusion in the Ohio workers' compensation qualified	83094
health plan system or the health partnership program under the	83095
same terms as other providers within health care plans or the	83096
program.	83097

~~(J)~~(N) In areas outside the state or within the state where	83098
no qualified health plan or an inadequate number of providers	83099
within the health partnership program exist, the administrator	83100
shall permit employees to use a nonplan or nonprogram health care	83101
provider and shall pay the provider for the services or supplies	83102
provided to or on behalf of an employee for an injury or	83103
occupational disease that is compensable under this chapter or	83104
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	83105
schedule the administrator adopts.	83106

~~(K)~~(O) No health care provider, whether certified or not,	83107
shall charge, assess, or otherwise attempt to collect from an	83108
employee, employer, a managed care organization, or the bureau any	83109
amount for covered services or supplies that is in excess of the	83110
allowed amount paid by a managed care organization, the bureau, or	83111
a qualified health plan.	83112

~~(L)~~(P) The administrator shall permit any employer or group	83113
of employers who agree to abide by the rules adopted under this	83114
section and sections 4121.441 and 4121.442 of the Revised Code to	83115
provide services or supplies to or on behalf of an employee for an	83116
injury or occupational disease that is compensable under this	83117
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	83118
through qualified health plans of the Ohio workers' compensation	83119
qualified health plan system pursuant to section 4121.442 of the	83120
Revised Code or through the health partnership program pursuant to	83121
section 4121.441 of the Revised Code. No amount paid under the	83122
qualified health plan system pursuant to section 4121.442 of the	83123
Revised Code by an employer who is a state fund employer shall be	83124
charged to the employer's experience or otherwise be used in	83125
merit-rating or determining the risk of that employer for the	83126
purpose of the payment of premiums under this chapter, and if the	83127
employer is a self-insuring employer, the employer shall not	83128
include that amount in the paid compensation the employer reports	83129
under section 4123.35 of the Revised Code.	83130

Sec. 4121.441. (A) The administrator of workers'	83131
compensation, with the advice and consent of the bureau of	83132
workers' compensation board of directors, shall adopt rules under	83133
Chapter 119. of the Revised Code for the health care partnership	83134
program administered by the bureau of workers' compensation to	83135
provide medical, surgical, nursing, drug, hospital, and	83136
rehabilitation services and supplies to an employee for an injury	83137
or occupational disease that is compensable under this chapter or	83138
Chapter 4123., 4127., or 4131. of the Revised Code, and to	83139
regulate contracts with managed care organizations pursuant to	83140
this chapter.	83141

(1) The rules shall include, but are not limited to, the	83142
following:	83143

~~(1)~~(a) Procedures for the resolution of medical disputes	83144
between an employer and an employee, an employee and a provider,	83145
or an employer and a provider, prior to an appeal under section	83146
4123.511 of the Revised Code. Rules the administrator adopts	83147
pursuant to division (A)(1)(a) of this section may specify that	83148
the resolution procedures shall not be used to resolve disputes	83149
concerning medical services rendered that have been approved	83150
through standard treatment guidelines, pathways, or presumptive	83151
authorization guidelines.	83152

~~(2)~~(b) Prohibitions against discrimination against any	83153
category of health care providers;	83154

~~(3)~~(c) Procedures for reporting injuries to employers and the	83155
bureau by providers;	83156

~~(4)~~(d) Appropriate financial incentives to reduce service	83157
cost and insure proper system utilization without sacrificing the	83158
quality of service;	83159

~~(5)~~(e) Adequate methods of peer review, utilization review,	83160
quality assurance, and dispute resolution to prevent, and provide	83161
sanctions for, inappropriate, excessive or not medically necessary	83162
treatment;	83163

~~(6)~~(f) A timely and accurate method of collection of	83164
necessary information regarding medical and health care service	83165
and supply costs, quality, and utilization to enable the	83166
administrator to determine the effectiveness of the program;	83167

~~(7)~~(g) Provisions for necessary emergency medical treatment	83168
for an injury or occupational disease provided by a health care	83169
provider who is not part of the program;	83170

~~(8)~~(h) Discounted pricing for all in-patient and out-patient	83171
medical services, all professional services, and all	83172
pharmaceutical services;	83173

~~(9)~~(i) Provisions for provider referrals, pre-admission and	83174
post-admission approvals, second surgical opinions, and other cost	83175
management techniques;	83176

~~(10)~~(j) Antifraud mechanisms;

83177

~~(11)~~(k) Standards and criteria for the bureau to utilize in	83178
certifying or recertifying a health care provider or a ~~vendor~~	83179
managed care organization for participation in the health	83180
partnership program;	83181

~~(12)~~(l) Standards ~~and criteria~~ for the bureau to utilize in	83182
penalizing or decertifying a health care provider ~~or a vendor~~ from	83183
participation in the health partnership program.	83184

(2) Notwithstanding section 119.061 of the Revised Code, the	83185
rules may include provisions limiting, restricting, or regulating	83186
any marketing or advertising by a managed care organization, or by	83187
any individual or entity that is affiliated with or acting on	83188
behalf of the managed care organization, under the health	83189
partnership program.	83190

(B) The administrator shall implement the health partnership	83191
program according to the rules the administrator adopts under this	83192
section for the provision and payment of medical, surgical,	83193
nursing, drug, hospital, and rehabilitation services and supplies	83194
to an employee for an injury or occupational disease that is	83195
compensable under this chapter or Chapter 4123., 4127., or 4131.	83196
of the Revised Code."	83197

Sec. 4121.50. Not later than July 1, 2012, the administrator	83198
of workers' compensation shall adopt rules in accordance with	83199
Chapter 119. of the Revised Code to implement a coordinated	83200
services program for claimants under this chapter or Chapter	83201
4123., 4127., or 4131. of the Revised Code who are found to have	83202
obtained prescription drugs that were reimbursed pursuant to an	83203
order of the administrator or of the industrial commission or by a	83204
self-insuring employer but were obtained at a frequency or in an	83205
amount that is not medically necessary. The program shall be	83206
implemented in a manner that is substantially similar to the	83207
coordinated services programs established for the medicaid program	83208
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	83209
the Revised Code.	83210

Sec. 4121.69. (A) The administrator of workers' compensation	83211
may establish compensation plans, including schedules of hourly	83212
rates, for the compensation of professional, administrative, and	83213
managerial employees who are employed to fulfill the duties placed	83214
upon the bureau of workers' compensation pursuant to sections	83215
4121.61 to 4121.69 of the Revised Code. The administrator may	83216
establish rules or policies for the administration of the	83217
respective compensation plans.	83218

This division does not apply to employees for whom the state	83219
employment relations board establishes appropriate bargaining	83220
units pursuant to section 4117.06 of the Revised Code.	83221

(B) The administrator may employ the services and resources	83222
of any public entity or private person, business, or association	83223
in fulfilling the duties placed upon the bureau of workers'	83224
compensation by sections 4121.61 to 4121.69 of the Revised Code.	83225
The ~~rehabilitation services commission~~opportunities for Ohioans	83226
with disabilities agency, the director of job and family services,	83227
and any other public officer, employee, or agency shall give to	83228
the bureau of workers' compensation full cooperation and, at the	83229
request of the administrator, enter into a written agreement	83230
stating the procedures and criteria for referring, accepting, and	83231
providing services to claimants in the job placement and	83232
rehabilitation efforts of the bureau of workers' compensation on	83233
behalf of a claimant when referred by the bureau of workers'	83234
compensation.	83235

(C) In appropriate cases, the bureau may refer a candidate to	83236
the ~~rehabilitation services commission~~opportunities for Ohioans	83237
with disabilities agency for participation in a program of the	83238
~~commission~~agency. For that purpose, the bureau of workers'	83239
compensation shall compensate the ~~commission~~agency for the	83240
nonfederal portion of its services.	83241

Sec. 4123.32. The administrator of workers' compensation,	83242
with the advice and consent of the bureau of workers' compensation	83243
board of directors, shall adopt rules with respect to the	83244
collection, maintenance, and disbursements of the state insurance	83245
fund including all of the following:	83246

(A) A rule providing that the premium security deposit	83247
collected from any employer entitles the employer to the benefits	83248
of this chapter for the remainder of the six months and also for	83249
an additional adjustment period of two months, and, thereafter, if	83250
the employer pays the premium due at the close of any six-month	83251
period, coverage shall be extended for an additional eight-month	83252
period beginning from the end of the six-month period for which	83253
the employer pays the premium due;	83254

(B) A rule providing for ascertaining the correctness of any	83255
employer's report of estimated or actual expenditure of wages and	83256
the determination and adjustment of proper premiums and the	83257
payment of those premiums by the employer for or during any period	83258
less than eight months and notwithstanding any payment or	83259
determination of premium made when exceptional conditions or	83260
circumstances in the judgment of the administrator justify the	83261
action;	83262

(C) Such special rules as the administrator considers	83263
necessary to safeguard the fund and that are just in the	83264
circumstances, covering the rates to be applied where one employer	83265
takes over the occupation or industry of another or where an	83266
employer first makes application for state insurance, and the	83267
administrator may require that if any employer transfers a	83268
business in whole or in part or otherwise reorganizes the	83269
business, the successor in interest shall assume, in proportion to	83270
the extent of the transfer, as determined by the administrator,	83271
the employer's account and shall continue the payment of all	83272
contributions due under this chapter;	83273

(D) A rule providing that an employer who employs an employee	83274
covered under the federal "Longshore and Harbor Workers'	83275
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	83276
chapter and Chapter 4121. of the Revised Code shall be assessed a	83277
premium in accordance with the expenditure of wages, payroll, or	83278
both attributable to only labor performed and services provided by	83279
such an employee when the employee performs labor and provides	83280
services for which the employee is not eligible to receive	83281
compensation and benefits under that federal act.	83282

(E) A rule providing for all of the following:

83283

(1) If, within two months immediately after the expiration of	83284
the six-month period, an employer fails to file a report of the	83285
employer's actual payroll expenditures for the period, the premium	83286
found to be due from the employer for the period shall be	83287
increased in an amount equal to one per cent of the premium, but	83288
the increase shall not be less than three nor more than fifteen	83289
dollars;	83290

(2) The premium determined by the administrator to be due	83291
from an employer shall be payable on or before the end of the	83292
coverage period established by the premium security deposit, or	83293
within the time specified by the administrator if the period for	83294
which the advance premium has been paid is less than eight months.	83295
If an employer fails to pay the premium when due, the	83296
administrator may add a late fee penalty of not more than thirty	83297
dollars to the premium plus an additional penalty amount as	83298
follows:	83299

(a) For a premium from sixty-one to ninety days past due, the	83300
prime interest rate, multiplied by the premium due;	83301

(b) For a premium from ninety-one to one hundred twenty days	83302
past due, the prime interest rate plus two per cent, multiplied by	83303
the premium due;	83304

(c) For a premium from one hundred twenty-one to one hundred	83305
fifty days past due, the prime interest rate plus four per cent,	83306
multiplied by the premium due;	83307

(d) For a premium from one hundred fifty-one to one hundred	83308
eighty days past due, the prime interest rate plus six per cent,	83309
multiplied by the premium due;	83310

(e) For a premium from one hundred eighty-one to two hundred	83311
ten days past due, the prime interest rate plus eight per cent,	83312
multiplied by the premium due;	83313

(f) For each additional thirty-day period or portion thereof	83314
that a premium remains past due after it has remained past due for	83315
more than two hundred ten days, the prime interest rate plus eight	83316
per cent, multiplied by the premium due.	83317

(3) Notwithstanding the interest rates specified in division	83318
(E)(2) of this section, at no time shall the additional penalty	83319
amount assessed under division (E)(2) of this section exceed	83320
fifteen per cent of the premium due.	83321

(4) An employer may appeal a late fee penalty or additional	83322
penalty to an adjudicating committee pursuant to section 4123.291	83323
of the Revised Code.	83324

For purposes of division (E) of this section, "prime interest	83325
rate" means the average bank prime rate, and the administrator	83326
shall determine the prime interest rate in the same manner as a	83327
county auditor determines the average bank prime rate under	83328
section 929.02 of the Revised Code.	83329

(5) If the employer files an appropriate payroll report,	83330
within the time provided by law or within the time specified by	83331
the administrator if the period for which the employer paid an	83332
estimated premium is less than eight months, the employer shall	83333
not be in default and division (E)(2) of this section shall not	83334
apply if the employer pays the premiums within fifteen days after	83335
being first notified by the administrator of the amount due.	83336

(6) Any deficiencies in the amounts of the premium security	83337
deposit paid by an employer for any period shall be subject to an	83338
interest charge of six per cent per annum from the date the	83339
premium obligation is incurred. In determining the interest due on	83340
deficiencies in premium security deposit payments, a charge in	83341
each case shall be made against the employer in an amount equal to	83342
interest at the rate of six per cent per annum on the premium	83343
security deposit due but remaining unpaid sixty days after notice	83344
by the administrator.	83345

(7) Any interest charges or penalties provided for in	83346
divisions (E)(2) and (6) of this section shall be credited to the	83347
employer's account for rating purposes in the same manner as	83348
premiums.	83349

(F) A rule providing that each employer, on the occasion of	83350
instituting coverage under this chapter, shall submit a premium	83351
security deposit. The deposit shall be calculated equivalent to	83352
thirty per cent of the semiannual premium obligation of the	83353
employer based upon the employer's estimated expenditure for wages	83354
for the ensuing six-month period plus thirty per cent of an	83355
additional adjustment period of two months but only up to a	83356
maximum of one thousand dollars and not less than ten dollars. The	83357
administrator shall review the security deposit of every employer	83358
who has submitted a deposit which is less than the	83359
one-thousand-dollar maximum. The administrator may require any	83360
such employer to submit additional money up to the maximum of one	83361
thousand dollars that, in the administrator's opinion, reflects	83362
the employer's current payroll expenditure for an eight-month	83363
period.	83364

(G) A rule providing that each employer, on the occasion of	83365
instituting coverage under this chapter, shall submit an	83366
application for coverage that completely provides all of the	83367
information required for the administrator to establish coverage	83368
for that employer, and that the employer's failure to provide all	83369
of the information completely may be grounds for the administrator	83370
to deny coverage for that employer.	83371

(H) A rule providing that, in addition to any other remedies	83372
permitted in this chapter, the administrator may discontinue an	83373
employer's coverage if the employer fails to pay the premium due	83374
on or before the premium's due date.	83375

(I) A rule providing that if after a final adjudication it is	83376
determined that an employer has failed to pay an obligation,	83377
billing, account, or assessment that is greater than one thousand	83378
dollars on or before its due date, the administrator may	83379
discontinue the employer's coverage in addition to any other	83380
remedies permitted in this chapter, and that the administrator	83381
shall not discontinue an employer's coverage pursuant to this	83382
division prior to a final adjudication regarding the employer's	83383
failure to pay such obligation, billing, account, or assessment on	83384
or before its due date.	83385

(J) As used in divisions (H) and (I) of this section:

83386

(1) "Employer" has the same meaning as in division (B) of	83387
section 4123.01 of the Revised Code except that "employer" does	83388
not include the state, a state hospital, or a state university or	83389
college.	83390

(2) "State university or college" has the same meaning as in	83391
section 3345.12 of the Revised Code and also includes the Ohio	83392
agricultural research and development center and ~~the Ohio state~~	83393
~~university cooperative~~OSU extension ~~service~~.	83394

(3) "State hospital" means the Ohio state university hospital	83395
and its ancillary facilities and the medical university of Ohio at	83396
Toledo hospital.	83397

Sec. 4123.322. (A) Notwithstanding any provision to the	83398
contrary in section 4123.32 or 4123.41 of the Revised Code, the	83399
administrator of workers' compensation, with the advice and	83400
consent of the bureau of workers' compensation board of directors,	83401
may adopt rules with respect to the collection, maintenance, and	83402
disbursements of the state insurance fund to provide for a system	83403
of prospective payment of workers' compensation premiums. If the	83404
administrator elects to adopt rules establishing a prospective	83405
payment system, those rules shall include all of the following:	83406

(1) A requirement that, notwithstanding section 4123.26 of	83407
the Revised Code, on or before the thirtieth day of June of each	83408
year, or such other date as the administrator establishes, every	83409
employer mentioned in division (B)(2) of section 4123.01 of the	83410
Revised Code shall file with the bureau of workers' compensation	83411
an estimate of the employer's payroll for the immediately	83412
following twelve-month period or other period as the administrator	83413
establishes;	83414

(2) A requirement that upon an initial application for	83415
coverage, an employer mentioned in division (B)(2) of section	83416
4123.01 of the Revised Code shall file with the application an	83417
estimate of the employer's payroll for the unexpired period from	83418
the date of application to the period ending on the following	83419
thirtieth day of June or other date as established by the	83420
administrator pursuant to division (A)(1) of this section, and	83421
shall pay the amount the administrator determines by rule in order	83422
to establish coverage for the employer as described in division	83423
(B)(12) of section 4121.121 of the Revised Code;	83424

(3) A requirement that, notwithstanding section 4123.26 or	83425
4123.41 of the Revised Code, on or before the first day of January	83426
of each year, or such other date as the administrator establishes,	83427
every employer mentioned in division (B)(1) of section 4123.01 of	83428
the Revised Code, except for a state agency or a state university	83429
or college, shall file with the bureau an estimate of the	83430
employer's payroll for the immediately following twelve-month	83431
period or other period as the administrator establishes;	83432

(4) A requirement that upon an initial application for	83433
coverage, an employer mentioned in division (B)(1) of section	83434
4123.01 of the Revised Code, except for a state agency or state	83435
university or college, shall file with the application an estimate	83436
of the employer's payroll for the unexpired period from the date	83437
of application to the period ending on the following thirty-first	83438
day of December or other date as established by the administrator	83439
pursuant to division (A)(3) of this section, and shall pay the	83440
amount the administrator determines by rule in order to establish	83441
coverage for the employer as described in division (B)(12) of	83442
section 4121.121 of the Revised Code;	83443

(5) The assessment of a penalty if an employer fails to	83444
timely file the estimates of payroll required by the rules adopted	83445
pursuant to this section;	83446

(6) A requirement that an employer complete periodic payroll	83447
reports of actual expenditures for previous coverage periods for	83448
reconciliation with estimated payroll reports;	83449

(7) The assessment of a penalty for late payroll	83450
reconciliation reports and for late payment of any reconciliation	83451
premium;	83452

(8) The establishment of a transition period during which	83453
time the bureau shall determine the adequacy of existing premium	83454
security deposits of employers, the establishment of provisions	83455
for additional premium payments during that transition, the	83456
provision of a credit of those deposits toward the first premium	83457
due from an employer under the rules adopted under divisions	83458
(A)(1) to (7) of this section, and the establishment of penalties	83459
for late payment or failure to comply with the rules.	83460

(B) For purposes of division (A)(6) of this section, an	83461
employer shall make timely payment of any premium owed when actual	83462
payroll expenditures exceeded estimated payroll, and the employer	83463
shall receive premium credit when the estimated payroll exceeded	83464
the actual payroll.	83465

(C) For purposes of division (A)(7) of this section, if the	83466
employer's actual payroll substantially exceeds the estimated	83467
payroll, the administrator may assess additional penalties	83468
specified in rules the administrator adopts on the reconciliation	83469
premium.	83470

(D) As used in this section, "state university or college"	83471
has the same meaning as in section 4123.32 of the Revised Code.	83472

Sec. 4123.35. (A) Except as provided in this section, every	83473
employer mentioned in division (B)(2) of section 4123.01 of the	83474
Revised Code, and every publicly owned utility shall pay	83475
semiannually in the months of January and July into the state	83476
insurance fund the amount of annual premium the administrator of	83477
workers' compensation fixes for the employment or occupation of	83478
the employer, the amount of which premium to be paid by each	83479
employer to be determined by the classifications, rules, and rates	83480
made and published by the administrator. The employer shall pay	83481
semiannually a further sum of money into the state insurance fund	83482
as may be ascertained to be due from the employer by applying the	83483
rules of the administrator, and a receipt or certificate	83484
certifying that payment has been made, along with a written notice	83485
as is required in section 4123.54 of the Revised Code, shall be	83486
mailed immediately to the employer by the bureau of workers'	83487
compensation. The receipt or certificate is prima-facie evidence	83488
of the payment of the premium, and the proper posting of the	83489
notice constitutes the employer's compliance with the notice	83490
requirement mandated in section 4123.54 of the Revised Code.	83491

If the administrator adopts rules to establish a prospective	83492
payment of premium under section 4123.322 of the Revised Code,	83493
every employer mentioned in division (B)(2) of section 4123.01 of	83494
the Revised Code and every publicly owned utility shall pay into	83495
the state insurance fund the amount of premium the administrator	83496
fixes for the employment or occupation of the employer, the amount	83497
of which premium to be paid by each employer to be determined by	83498
the classifications, rules, and rates made and published by the	83499
administrator and based upon the estimates and reconciliations	83500
required by the rules the administrator adopts under section	83501
4123.322 of the Revised Code.	83502

The bureau of workers' compensation shall verify with the	83503
secretary of state the existence of all corporations and	83504
organizations making application for workers' compensation	83505
coverage and shall require every such application to include the	83506
employer's federal identification number.	83507

An employer as defined in division (B)(2) of section 4123.01	83508
of the Revised Code who has contracted with a subcontractor is	83509
liable for the unpaid premium due from any subcontractor with	83510
respect to that part of the payroll of the subcontractor that is	83511
for work performed pursuant to the contract with the employer.	83512

Division (A) of this section providing for the payment of	83513
premiums semiannually does not apply to any employer who was a	83514
subscriber to the state insurance fund prior to January 1, 1914,	83515
or who may first become a subscriber to the fund in any month	83516
other than January or July. Instead, the semiannual premiums shall	83517
be paid by those employers from time to time upon the expiration	83518
of the respective periods for which payments into the fund have	83519
been made by them.	83520

The administrator shall adopt rules to permit employers to	83521
make periodic payments of the semiannual premium due under this	83522
division. The rules shall include provisions for the assessment of	83523
interest charges, where appropriate, and for the assessment of	83524
penalties when an employer fails to make timely premium payments.	83525
An employer who timely pays the amounts due under this division is	83526
entitled to all of the benefits and protections of this chapter.	83527
Upon receipt of payment, the bureau immediately shall mail a	83528
receipt or certificate to the employer certifying that payment has	83529
been made, which receipt is prima-facie evidence of payment.	83530
Workers' compensation coverage under this chapter continues	83531
uninterrupted upon timely receipt of payment under this division.	83532

Every public employer, except public employers that are	83533
self-insuring employers under this section, shall comply with	83534
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	83535
regard to the contribution of moneys to the public insurance fund.	83536

(B) Employers who will abide by the rules of the	83537
administrator and who may be of sufficient financial ability to	83538
render certain the payment of compensation to injured employees or	83539
the dependents of killed employees, and the furnishing of medical,	83540
surgical, nursing, and hospital attention and services and	83541
medicines, and funeral expenses, equal to or greater than is	83542
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	83543
to 4123.67 of the Revised Code, and who do not desire to insure	83544
the payment thereof or indemnify themselves against loss sustained	83545
by the direct payment thereof, upon a finding of such facts by the	83546
administrator, may be granted the privilege to pay individually	83547
compensation, and furnish medical, surgical, nursing, and hospital	83548
services and attention and funeral expenses directly to injured	83549
employees or the dependents of killed employees, thereby being	83550
granted status as a self-insuring employer. The administrator may	83551
charge employers who apply for the status as a self-insuring	83552
employer a reasonable application fee to cover the bureau's costs	83553
in connection with processing and making a determination with	83554
respect to an application.	83555

All employers granted status as self-insuring employers shall	83556
demonstrate sufficient financial and administrative ability to	83557
assure that all obligations under this section are promptly met.	83558
The administrator shall deny the privilege where the employer is	83559
unable to demonstrate the employer's ability to promptly meet all	83560
the obligations imposed on the employer by this section.	83561

(1) The administrator shall consider, but is not limited to,	83562
the following factors, where applicable, in determining the	83563
employer's ability to meet all of the obligations imposed on the	83564
employer by this section:	83565

(a) The employer employs a minimum of five hundred employees	83566
in this state;	83567

(b) The employer has operated in this state for a minimum of	83568
two years, provided that an employer who has purchased, acquired,	83569
or otherwise succeeded to the operation of a business, or any part	83570
thereof, situated in this state that has operated for at least two	83571
years in this state, also shall qualify;	83572

(c) Where the employer previously contributed to the state	83573
insurance fund or is a successor employer as defined by bureau	83574
rules, the amount of the buyout, as defined by bureau rules;	83575

(d) The sufficiency of the employer's assets located in this	83576
state to insure the employer's solvency in paying compensation	83577
directly;	83578

(e) The financial records, documents, and data, certified by	83579
a certified public accountant, necessary to provide the employer's	83580
full financial disclosure. The records, documents, and data	83581
include, but are not limited to, balance sheets and profit and	83582
loss history for the current year and previous four years.	83583

(f) The employer's organizational plan for the administration	83584
of the workers' compensation law;	83585

(g) The employer's proposed plan to inform employees of the	83586
change from a state fund insurer to a self-insuring employer, the	83587
procedures the employer will follow as a self-insuring employer,	83588
and the employees' rights to compensation and benefits; and	83589

(h) The employer has either an account in a financial	83590
institution in this state, or if the employer maintains an account	83591
with a financial institution outside this state, ensures that	83592
workers' compensation checks are drawn from the same account as	83593
payroll checks or the employer clearly indicates that payment will	83594
be honored by a financial institution in this state.	83595

The administrator may waive the requirements of divisions	83596
(B)(1)(a) and (b) of this section and the requirement of division	83597
(B)(1)(e) of this section that the financial records, documents,	83598
and data be certified by a certified public accountant. The	83599
administrator shall adopt rules establishing the criteria that an	83600
employer shall meet in order for the administrator to waive the	83601
~~requirement~~requirements of ~~division~~divisions (B)(1)(a), (b), and	83602
(e) of this section. Such rules may require additional security of	83603
that employer pursuant to division (E) of section 4123.351 of the	83604
Revised Code.	83605

The administrator shall not grant the status of self-insuring	83606
employer to the state, except that the administrator may grant the	83607
status of self-insuring employer to a state institution of higher	83608
education, including its hospitals, that meets the requirements of	83609
division (B)(2) of this section.	83610

(2) When considering the application of a public employer,	83611
except for a board of county commissioners described in division	83612
(G) of section 4123.01 of the Revised Code, a board of a county	83613
hospital, or a publicly owned utility, the administrator shall	83614
verify that the public employer satisfies all of the following	83615
requirements as the requirements apply to that public employer:	83616

(a) For the two-year period preceding application under this	83617
section, the public employer has maintained an unvoted debt	83618
capacity equal to at least two times the amount of the current	83619
annual premium established by the administrator under this chapter	83620
for that public employer for the year immediately preceding the	83621
year in which the public employer makes application under this	83622
section.	83623

(b) For each of the two fiscal years preceding application	83624
under this section, the unreserved and undesignated year-end fund	83625
balance in the public employer's general fund is equal to at least	83626
five per cent of the public employer's general fund revenues for	83627
the fiscal year computed in accordance with generally accepted	83628
accounting principles.	83629

(c) For the five-year period preceding application under this	83630
section, the public employer, to the extent applicable, has	83631
complied fully with the continuing disclosure requirements	83632
established in rules adopted by the United States securities and	83633
exchange commission under 17 C.F.R. 240.15c 2-12.	83634

(d) For the five-year period preceding application under this	83635
section, the public employer has not had its local government fund	83636
distribution withheld on account of the public employer being	83637
indebted or otherwise obligated to the state.	83638

(e) For the five-year period preceding application under this	83639
section, the public employer has not been under a fiscal watch or	83640
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	83641
of the Revised Code.	83642

(f) For the public employer's fiscal year preceding	83643
application under this section, the public employer has obtained	83644
an annual financial audit as required under section 117.10 of the	83645
Revised Code, which has been released by the auditor of state	83646
within seven months after the end of the public employer's fiscal	83647
year.	83648

(g) On the date of application, the public employer holds a	83649
debt rating of Aa3 or higher according to Moody's investors	83650
service, inc., or a comparable rating by an independent rating	83651
agency similar to Moody's investors service, inc.	83652

(h) The public employer agrees to generate an annual	83653
accumulating book reserve in its financial statements reflecting	83654
an actuarially generated reserve adequate to pay projected claims	83655
under this chapter for the applicable period of time, as	83656
determined by the administrator.	83657

(i) For a public employer that is a hospital, the public	83658
employer shall submit audited financial statements showing the	83659
hospital's overall liquidity characteristics, and the	83660
administrator shall determine, on an individual basis, whether the	83661
public employer satisfies liquidity standards equivalent to the	83662
liquidity standards of other public employers.	83663

(j) Any additional criteria that the administrator adopts by	83664
rule pursuant to division (E) of this section.	83665

The administrator may adopt rules establishing the criteria	83666
that a public employer shall satisfy in order for the	83667
administrator to waive any of the requirements listed in divisions	83668
(B)(2)(a) to (j) of this section. The rules may require additional	83669
security from that employer pursuant to division (E) of section	83670
4123.351 of the Revised Code. The administrator shall not waive	83671
any of the requirements listed in divisions (B)(2)(a) to (j) of	83672
this section for a public employer who does not satisfy the	83673
criteria established in the rules the administrator adopts.	83674

(C) A board of county commissioners described in division (G)	83675
of section 4123.01 of the Revised Code, as an employer, that will	83676
abide by the rules of the administrator and that may be of	83677
sufficient financial ability to render certain the payment of	83678
compensation to injured employees or the dependents of killed	83679
employees, and the furnishing of medical, surgical, nursing, and	83680
hospital attention and services and medicines, and funeral	83681
expenses, equal to or greater than is provided for in sections	83682
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	83683
Code, and that does not desire to insure the payment thereof or	83684
indemnify itself against loss sustained by the direct payment	83685
thereof, upon a finding of such facts by the administrator, may be	83686
granted the privilege to pay individually compensation, and	83687
furnish medical, surgical, nursing, and hospital services and	83688
attention and funeral expenses directly to injured employees or	83689
the dependents of killed employees, thereby being granted status	83690
as a self-insuring employer. The administrator may charge a board	83691
of county commissioners described in division (G) of section	83692
4123.01 of the Revised Code that applies for the status as a	83693
self-insuring employer a reasonable application fee to cover the	83694
bureau's costs in connection with processing and making a	83695
determination with respect to an application. All employers	83696
granted such status shall demonstrate sufficient financial and	83697
administrative ability to assure that all obligations under this	83698
section are promptly met. The administrator shall deny the	83699
privilege where the employer is unable to demonstrate the	83700
employer's ability to promptly meet all the obligations imposed on	83701
the employer by this section. The administrator shall consider,	83702
but is not limited to, the following factors, where applicable, in	83703
determining the employer's ability to meet all of the obligations	83704
imposed on the board as an employer by this section:	83705

(1) The board as an employer employs a minimum of five	83706
hundred employees in this state;	83707

(2) The board has operated in this state for a minimum of two	83708
years;	83709

(3) Where the board previously contributed to the state	83710
insurance fund or is a successor employer as defined by bureau	83711
rules, the amount of the buyout, as defined by bureau rules;	83712

(4) The sufficiency of the board's assets located in this	83713
state to insure the board's solvency in paying compensation	83714
directly;	83715

(5) The financial records, documents, and data, certified by	83716
a certified public accountant, necessary to provide the board's	83717
full financial disclosure. The records, documents, and data	83718
include, but are not limited to, balance sheets and profit and	83719
loss history for the current year and previous four years.	83720

(6) The board's organizational plan for the administration of	83721
the workers' compensation law;	83722

(7) The board's proposed plan to inform employees of the	83723
proposed self-insurance, the procedures the board will follow as a	83724
self-insuring employer, and the employees' rights to compensation	83725
and benefits;	83726

(8) The board has either an account in a financial	83727
institution in this state, or if the board maintains an account	83728
with a financial institution outside this state, ensures that	83729
workers' compensation checks are drawn from the same account as	83730
payroll checks or the board clearly indicates that payment will be	83731
honored by a financial institution in this state;	83732

(9) The board shall provide the administrator a surety bond	83733
in an amount equal to one hundred twenty-five per cent of the	83734
projected losses as determined by the administrator.	83735

(D) The administrator shall require a surety bond from all	83736
self-insuring employers, issued pursuant to section 4123.351 of	83737
the Revised Code, that is sufficient to compel, or secure to	83738
injured employees, or to the dependents of employees killed, the	83739
payment of compensation and expenses, which shall in no event be	83740
less than that paid or furnished out of the state insurance fund	83741
in similar cases to injured employees or to dependents of killed	83742
employees whose employers contribute to the fund, except when an	83743
employee of the employer, who has suffered the loss of a hand,	83744
arm, foot, leg, or eye prior to the injury for which compensation	83745
is to be paid, and thereafter suffers the loss of any other of the	83746
members as the result of any injury sustained in the course of and	83747
arising out of the employee's employment, the compensation to be	83748
paid by the self-insuring employer is limited to the disability	83749
suffered in the subsequent injury, additional compensation, if	83750
any, to be paid by the bureau out of the surplus created by	83751
section 4123.34 of the Revised Code.	83752

(E) In addition to the requirements of this section, the	83753
administrator shall make and publish rules governing the manner of	83754
making application and the nature and extent of the proof required	83755
to justify a finding of fact by the administrator as to granting	83756
the status of a self-insuring employer, which rules shall be	83757
general in their application, one of which rules shall provide	83758
that all self-insuring employers shall pay into the state	83759
insurance fund such amounts as are required to be credited to the	83760
surplus fund in division (B) of section 4123.34 of the Revised	83761
Code. The administrator may adopt rules establishing requirements	83762
in addition to the requirements described in division (B)(2) of	83763
this section that a public employer shall meet in order to qualify	83764
for self-insuring status.	83765

Employers shall secure directly from the bureau central	83766
offices application forms upon which the bureau shall stamp a	83767
designating number. Prior to submission of an application, an	83768
employer shall make available to the bureau, and the bureau shall	83769
review, the information described in division (B)(1) of this	83770
section, and public employers shall make available, and the bureau	83771
shall review, the information necessary to verify whether the	83772
public employer meets the requirements listed in division (B)(2)	83773
of this section. An employer shall file the completed application	83774
forms with an application fee, which shall cover the costs of	83775
processing the application, as established by the administrator,	83776
by rule, with the bureau at least ninety days prior to the	83777
effective date of the employer's new status as a self-insuring	83778
employer. The application form is not deemed complete until all	83779
the required information is attached thereto. The bureau shall	83780
only accept applications that contain the required information.	83781

(F) The bureau shall review completed applications within a	83782
reasonable time. If the bureau determines to grant an employer the	83783
status as a self-insuring employer, the bureau shall issue a	83784
statement, containing its findings of fact, that is prepared by	83785
the bureau and signed by the administrator. If the bureau	83786
determines not to grant the status as a self-insuring employer,	83787
the bureau shall notify the employer of the determination and	83788
require the employer to continue to pay its full premium into the	83789
state insurance fund. The administrator also shall adopt rules	83790
establishing a minimum level of performance as a criterion for	83791
granting and maintaining the status as a self-insuring employer	83792
and fixing time limits beyond which failure of the self-insuring	83793
employer to provide for the necessary medical examinations and	83794
evaluations may not delay a decision on a claim.	83795

(G) The administrator shall adopt rules setting forth	83796
procedures for auditing the program of self-insuring employers.	83797
The bureau shall conduct the audit upon a random basis or whenever	83798
the bureau has grounds for believing that a self-insuring employer	83799
is not in full compliance with bureau rules or this chapter.	83800

The administrator shall monitor the programs conducted by	83801
self-insuring employers, to ensure compliance with bureau	83802
requirements and for that purpose, shall develop and issue to	83803
self-insuring employers standardized forms for use by the	83804
self-insuring employer in all aspects of the self-insuring	83805
employers' direct compensation program and for reporting of	83806
information to the bureau.	83807

The bureau shall receive and transmit to the self-insuring	83808
employer all complaints concerning any self-insuring employer. In	83809
the case of a complaint against a self-insuring employer, the	83810
administrator shall handle the complaint through the	83811
self-insurance division of the bureau. The bureau shall maintain a	83812
file by employer of all complaints received that relate to the	83813
employer. The bureau shall evaluate each complaint and take	83814
appropriate action.	83815

The administrator shall adopt as a rule a prohibition against	83816
any self-insuring employer from harassing, dismissing, or	83817
otherwise disciplining any employee making a complaint, which rule	83818
shall provide for a financial penalty to be levied by the	83819
administrator payable by the offending self-insuring employer.	83820

(H) For the purpose of making determinations as to whether to	83821
grant status as a self-insuring employer, the administrator may	83822
subscribe to and pay for a credit reporting service that offers	83823
financial and other business information about individual	83824
employers. The costs in connection with the bureau's subscription	83825
or individual reports from the service about an applicant may be	83826
included in the application fee charged employers under this	83827
section.	83828

(I) The administrator, notwithstanding other provisions of	83829
this chapter, may permit a self-insuring employer to resume	83830
payment of premiums to the state insurance fund with appropriate	83831
credit modifications to the employer's basic premium rate as such	83832
rate is determined pursuant to section 4123.29 of the Revised	83833
Code.	83834

(J) On the first day of July of each year, the administrator	83835
shall calculate separately each self-insuring employer's	83836
assessments for the safety and hygiene fund, administrative costs	83837
pursuant to section 4123.342 of the Revised Code, and for the	83838
portion of the surplus fund under division (B) of section 4123.34	83839
of the Revised Code that is not used for handicapped	83840
reimbursement, on the basis of the paid compensation attributable	83841
to the individual self-insuring employer according to the	83842
following calculation:	83843

(1) The total assessment against all self-insuring employers	83844
as a class for each fund and for the administrative costs for the	83845
year that the assessment is being made, as determined by the	83846
administrator, divided by the total amount of paid compensation	83847
for the previous calendar year attributable to all amenable	83848
self-insuring employers;	83849

(2) Multiply the quotient in division (J)(1) of this section	83850
by the total amount of paid compensation for the previous calendar	83851
year that is attributable to the individual self-insuring employer	83852
for whom the assessment is being determined. Each self-insuring	83853
employer shall pay the assessment that results from this	83854
calculation, unless the assessment resulting from this calculation	83855
falls below a minimum assessment, which minimum assessment the	83856
administrator shall determine on the first day of July of each	83857
year with the advice and consent of the bureau of workers'	83858
compensation board of directors, in which event, the self-insuring	83859
employer shall pay the minimum assessment.	83860

In determining the total amount due for the total assessment	83861
against all self-insuring employers as a class for each fund and	83862
the administrative assessment, the administrator shall reduce	83863
proportionately the total for each fund and assessment by the	83864
amount of money in the self-insurance assessment fund as of the	83865
date of the computation of the assessment.	83866

The administrator shall calculate the assessment for the	83867
portion of the surplus fund under division (B) of section 4123.34	83868
of the Revised Code that is used for handicapped reimbursement in	83869
the same manner as set forth in divisions (J)(1) and (2) of this	83870
section except that the administrator shall calculate the total	83871
assessment for this portion of the surplus fund only on the basis	83872
of those self-insuring employers that retain participation in the	83873
handicapped reimbursement program and the individual self-insuring	83874
employer's proportion of paid compensation shall be calculated	83875
only for those self-insuring employers who retain participation in	83876
the handicapped reimbursement program. The administrator, as the	83877
administrator determines appropriate, may determine the total	83878
assessment for the handicapped portion of the surplus fund in	83879
accordance with sound actuarial principles.	83880

The administrator shall calculate the assessment for the	83881
portion of the surplus fund under division (B) of section 4123.34	83882
of the Revised Code that under division (D) of section 4121.66 of	83883
the Revised Code is used for rehabilitation costs in the same	83884
manner as set forth in divisions (J)(1) and (2) of this section,	83885
except that the administrator shall calculate the total assessment	83886
for this portion of the surplus fund only on the basis of those	83887
self-insuring employers who have not made the election to make	83888
payments directly under division (D) of section 4121.66 of the	83889
Revised Code and an individual self-insuring employer's proportion	83890
of paid compensation only for those self-insuring employers who	83891
have not made that election.	83892

The administrator shall calculate the assessment for the	83893
portion of the surplus fund under division (B) of section 4123.34	83894
of the Revised Code that is used for reimbursement to a	83895
self-insuring employer under division (H) of section 4123.512 of	83896
the Revised Code in the same manner as set forth in divisions	83897
(J)(1) and (2) of this section except that the administrator shall	83898
calculate the total assessment for this portion of the surplus	83899
fund only on the basis of those self-insuring employers that	83900
retain participation in reimbursement to the self-insuring	83901
employer under division (H) of section 4123.512 of the Revised	83902
Code and the individual self-insuring employer's proportion of	83903
paid compensation shall be calculated only for those self-insuring	83904
employers who retain participation in reimbursement to the	83905
self-insuring employer under division (H) of section 4123.512 of	83906
the Revised Code.	83907

An employer who no longer is a self-insuring employer in this	83908
state or who no longer is operating in this state, shall continue	83909
to pay assessments for administrative costs and for the portion of	83910
the surplus fund under division (B) of section 4123.34 of the	83911
Revised Code that is not used for handicapped reimbursement, based	83912
upon paid compensation attributable to claims that occurred while	83913
the employer was a self-insuring employer within this state.	83914

(K) There is hereby created in the state treasury the	83915
self-insurance assessment fund. All investment earnings of the	83916
fund shall be deposited in the fund. The administrator shall use	83917
the money in the self-insurance assessment fund only for	83918
administrative costs as specified in section 4123.341 of the	83919
Revised Code.	83920

(L) Every self-insuring employer shall certify, in affidavit	83921
form subject to the penalty for perjury, to the bureau the amount	83922
of the self-insuring employer's paid compensation for the previous	83923
calendar year. In reporting paid compensation paid for the	83924
previous year, a self-insuring employer shall exclude from the	83925
total amount of paid compensation any reimbursement the	83926
self-insuring employer receives in the previous calendar year from	83927
the surplus fund pursuant to section 4123.512 of the Revised Code	83928
for any paid compensation. The self-insuring employer also shall	83929
exclude from the paid compensation reported any amount recovered	83930
under section 4123.931 of the Revised Code and any amount that is	83931
determined not to have been payable to or on behalf of a claimant	83932
in any final administrative or judicial proceeding. The	83933
self-insuring employer shall exclude such amounts from the paid	83934
compensation reported in the reporting period subsequent to the	83935
date the determination is made. The administrator shall adopt	83936
rules, in accordance with Chapter 119. of the Revised Code, that	83937
provide for all of the following:	83938

(1) Establishing the date by which self-insuring employers	83939
must submit such information and the amount of the assessments	83940
provided for in division (J) of this section for employers who	83941
have been granted self-insuring status within the last calendar	83942
year;	83943

(2) If an employer fails to pay the assessment when due, the	83944
administrator may add a late fee penalty of not more than five	83945
hundred dollars to the assessment plus an additional penalty	83946
amount as follows:	83947

(a) For an assessment from sixty-one to ninety days past due,	83948
the prime interest rate, multiplied by the assessment due;	83949

(b) For an assessment from ninety-one to one hundred twenty	83950
days past due, the prime interest rate plus two per cent,	83951
multiplied by the assessment due;	83952

(c) For an assessment from one hundred twenty-one to one	83953
hundred fifty days past due, the prime interest rate plus four per	83954
cent, multiplied by the assessment due;	83955

(d) For an assessment from one hundred fifty-one to one	83956
hundred eighty days past due, the prime interest rate plus six per	83957
cent, multiplied by the assessment due;	83958

(e) For an assessment from one hundred eighty-one to two	83959
hundred ten days past due, the prime interest rate plus eight per	83960
cent, multiplied by the assessment due;	83961

(f) For each additional thirty-day period or portion thereof	83962
that an assessment remains past due after it has remained past due	83963
for more than two hundred ten days, the prime interest rate plus	83964
eight per cent, multiplied by the assessment due.	83965

(3) An employer may appeal a late fee penalty and penalty	83966
assessment to the administrator.	83967

For purposes of division (L)(2) of this section, "prime	83968
interest rate" means the average bank prime rate, and the	83969
administrator shall determine the prime interest rate in the same	83970
manner as a county auditor determines the average bank prime rate	83971
under section 929.02 of the Revised Code.	83972

The administrator shall include any assessment and penalties	83973
that remain unpaid for previous assessment periods in the	83974
calculation and collection of any assessments due under this	83975
division or division (J) of this section.	83976

(M) As used in this section, "paid compensation" means all	83977
amounts paid by a self-insuring employer for living maintenance	83978
benefits, all amounts for compensation paid pursuant to sections	83979
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	83980
4123.64 of the Revised Code, all amounts paid as wages in lieu of	83981
such compensation, all amounts paid in lieu of such compensation	83982
under a nonoccupational accident and sickness program fully funded	83983
by the self-insuring employer, and all amounts paid by a	83984
self-insuring employer for a violation of a specific safety	83985
standard pursuant to Section 35 of Article II, Ohio Constitution	83986
and section 4121.47 of the Revised Code.	83987

(N) Should any section of this chapter or Chapter 4121. of	83988
the Revised Code providing for self-insuring employers'	83989
assessments based upon compensation paid be declared	83990
unconstitutional by a final decision of any court, then that	83991
section of the Revised Code declared unconstitutional shall revert	83992
back to the section in existence prior to November 3, 1989,	83993
providing for assessments based upon payroll.	83994

(O) The administrator may grant a self-insuring employer the	83995
privilege to self-insure a construction project entered into by	83996
the self-insuring employer that is scheduled for completion within	83997
six years after the date the project begins, and the total cost of	83998
which is estimated to exceed one hundred million dollars or, for	83999
employers described in division (R) of this section, if the	84000
construction project is estimated to exceed twenty-five million	84001
dollars. The administrator may waive such cost and time criteria	84002
and grant a self-insuring employer the privilege to self-insure a	84003
construction project regardless of the time needed to complete the	84004
construction project and provided that the cost of the	84005
construction project is estimated to exceed fifty million dollars.	84006
A self-insuring employer who desires to self-insure a construction	84007
project shall submit to the administrator an application listing	84008
the dates the construction project is scheduled to begin and end,	84009
the estimated cost of the construction project, the contractors	84010
and subcontractors whose employees are to be self-insured by the	84011
self-insuring employer, the provisions of a safety program that is	84012
specifically designed for the construction project, and a	84013
statement as to whether a collective bargaining agreement	84014
governing the rights, duties, and obligations of each of the	84015
parties to the agreement with respect to the construction project	84016
exists between the self-insuring employer and a labor	84017
organization.	84018

A self-insuring employer may apply to self-insure the	84019
employees of either of the following:	84020

(1) All contractors and subcontractors who perform labor or	84021
work or provide materials for the construction project;	84022

(2) All contractors and, at the administrator's discretion, a	84023
substantial number of all the subcontractors who perform labor or	84024
work or provide materials for the construction project.	84025

Upon approval of the application, the administrator shall	84026
mail a certificate granting the privilege to self-insure the	84027
construction project to the self-insuring employer. The	84028
certificate shall contain the name of the self-insuring employer	84029
and the name, address, and telephone number of the self-insuring	84030
employer's representatives who are responsible for administering	84031
workers' compensation claims for the construction project. The	84032
self-insuring employer shall post the certificate in a conspicuous	84033
place at the site of the construction project.	84034

The administrator shall maintain a record of the contractors	84035
and subcontractors whose employees are covered under the	84036
certificate issued to the self-insured employer. A self-insuring	84037
employer immediately shall notify the administrator when any	84038
contractor or subcontractor is added or eliminated from inclusion	84039
under the certificate.	84040

Upon approval of the application, the self-insuring employer	84041
is responsible for the administration and payment of all claims	84042
under this chapter and Chapter 4121. of the Revised Code for the	84043
employees of the contractor and subcontractors covered under the	84044
certificate who receive injuries or are killed in the course of	84045
and arising out of employment on the construction project, or who	84046
contract an occupational disease in the course of employment on	84047
the construction project. For purposes of this chapter and Chapter	84048
4121. of the Revised Code, a claim that is administered and paid	84049
in accordance with this division is considered a claim against the	84050
self-insuring employer listed in the certificate. A contractor or	84051
subcontractor included under the certificate shall report to the	84052
self-insuring employer listed in the certificate, all claims that	84053
arise under this chapter and Chapter 4121. of the Revised Code in	84054
connection with the construction project for which the certificate	84055
is issued.	84056

A self-insuring employer who complies with this division is	84057
entitled to the protections provided under this chapter and	84058
Chapter 4121. of the Revised Code with respect to the employees of	84059
the contractors and subcontractors covered under a certificate	84060
issued under this division for death or injuries that arise out	84061
of, or death, injuries, or occupational diseases that arise in the	84062
course of, those employees' employment on that construction	84063
project, as if the employees were employees of the self-insuring	84064
employer, provided that the self-insuring employer also complies	84065
with this section. No employee of the contractors and	84066
subcontractors covered under a certificate issued under this	84067
division shall be considered the employee of the self-insuring	84068
employer listed in that certificate for any purposes other than	84069
this chapter and Chapter 4121. of the Revised Code. Nothing in	84070
this division gives a self-insuring employer authority to control	84071
the means, manner, or method of employment of the employees of the	84072
contractors and subcontractors covered under a certificate issued	84073
under this division.	84074

The contractors and subcontractors included under a	84075
certificate issued under this division are entitled to the	84076
protections provided under this chapter and Chapter 4121. of the	84077
Revised Code with respect to the contractor's or subcontractor's	84078
employees who are employed on the construction project which is	84079
the subject of the certificate, for death or injuries that arise	84080
out of, or death, injuries, or occupational diseases that arise in	84081
the course of, those employees' employment on that construction	84082
project.	84083

The contractors and subcontractors included under a	84084
certificate issued under this division shall identify in their	84085
payroll records the employees who are considered the employees of	84086
the self-insuring employer listed in that certificate for purposes	84087
of this chapter and Chapter 4121. of the Revised Code, and the	84088
amount that those employees earned for employment on the	84089
construction project that is the subject of that certificate.	84090
Notwithstanding any provision to the contrary under this chapter	84091
and Chapter 4121. of the Revised Code, the administrator shall	84092
exclude the payroll that is reported for employees who are	84093
considered the employees of the self-insuring employer listed in	84094
that certificate, and that the employees earned for employment on	84095
the construction project that is the subject of that certificate,	84096
when determining those contractors' or subcontractors' premiums or	84097
assessments required under this chapter and Chapter 4121. of the	84098
Revised Code. A self-insuring employer issued a certificate under	84099
this division shall include in the amount of paid compensation it	84100
reports pursuant to division (L) of this section, the amount of	84101
paid compensation the self-insuring employer paid pursuant to this	84102
division for the previous calendar year.	84103

Nothing in this division shall be construed as altering the	84104
rights of employees under this chapter and Chapter 4121. of the	84105
Revised Code as those rights existed prior to September 17, 1996.	84106
Nothing in this division shall be construed as altering the rights	84107
devolved under sections 2305.31 and 4123.82 of the Revised Code as	84108
those rights existed prior to September 17, 1996.	84109

As used in this division, "privilege to self-insure a	84110
construction project" means privilege to pay individually	84111
compensation, and to furnish medical, surgical, nursing, and	84112
hospital services and attention and funeral expenses directly to	84113
injured employees or the dependents of killed employees.	84114

(P) A self-insuring employer whose application is granted	84115
under division (O) of this section shall designate a safety	84116
professional to be responsible for the administration and	84117
enforcement of the safety program that is specifically designed	84118
for the construction project that is the subject of the	84119
application.	84120

A self-insuring employer whose application is granted under	84121
division (O) of this section shall employ an ombudsperson for the	84122
construction project that is the subject of the application. The	84123
ombudsperson shall have experience in workers' compensation or the	84124
construction industry, or both. The ombudsperson shall perform all	84125
of the following duties:	84126

(1) Communicate with and provide information to employees who	84127
are injured in the course of, or whose injury arises out of	84128
employment on the construction project, or who contract an	84129
occupational disease in the course of employment on the	84130
construction project;	84131

(2) Investigate the status of a claim upon the request of an	84132
employee to do so;	84133

(3) Provide information to claimants, third party	84134
administrators, employers, and other persons to assist those	84135
persons in protecting their rights under this chapter and Chapter	84136
4121. of the Revised Code.	84137

A self-insuring employer whose application is granted under	84138
division (O) of this section shall post the name of the safety	84139
professional and the ombudsperson and instructions for contacting	84140
the safety professional and the ombudsperson in a conspicuous	84141
place at the site of the construction project.	84142

(Q) The administrator may consider all of the following when	84143
deciding whether to grant a self-insuring employer the privilege	84144
to self-insure a construction project as provided under division	84145
(O) of this section:	84146

(1) Whether the self-insuring employer has an organizational	84147
plan for the administration of the workers' compensation law;	84148

(2) Whether the safety program that is specifically designed	84149
for the construction project provides for the safety of employees	84150
employed on the construction project, is applicable to all	84151
contractors and subcontractors who perform labor or work or	84152
provide materials for the construction project, and has as a	84153
component, a safety training program that complies with standards	84154
adopted pursuant to the "Occupational Safety and Health Act of	84155
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	84156
management and employee involvement;	84157

(3) Whether granting the privilege to self-insure the	84158
construction project will reduce the costs of the construction	84159
project;	84160

(4) Whether the self-insuring employer has employed an	84161
ombudsperson as required under division (P) of this section;	84162

(5) Whether the self-insuring employer has sufficient surety	84163
to secure the payment of claims for which the self-insuring	84164
employer would be responsible pursuant to the granting of the	84165
privilege to self-insure a construction project under division (O)	84166
of this section.	84167

(R) As used in divisions (O), (P), and (Q), "self-insuring	84168
employer" includes the following employers, whether or not they	84169
have been granted the status of being a self-insuring employer	84170
under division (B) of this section:	84171

(1) A state institution of higher education;

84172

(2) A school district;

84173

(3) A county school financing district;

84174

(4) An educational service center;

84175

(5) A community school established under Chapter 3314. of the	84176
Revised Code;	84177

(6) A municipal power agency as defined in section 3734.058	84178
of the Revised Code.	84179

(S) As used in this section:

84180

(1) "Unvoted debt capacity" means the amount of money that a	84181
public employer may borrow without voter approval of a tax levy;	84182

(2) "State institution of higher education" means the state	84183
universities listed in section 3345.011 of the Revised Code,	84184
community colleges created pursuant to Chapter 3354. of the	84185
Revised Code, university branches created pursuant to Chapter	84186
3355. of the Revised Code, technical colleges created pursuant to	84187
Chapter 3357. of the Revised Code, and state community colleges	84188
created pursuant to Chapter 3358. of the Revised Code.	84189

Sec. 4123.41. (A) By the first day of January of each year,	84190
the bureau of workers' compensation shall furnish to the county	84191
auditor of each county and the chief fiscal officer of each taxing	84192
district in a county and of each district activity and institution	84193
mentioned in section 4123.39 of the Revised Code forms containing	84194
the premium rates applicable to the county, district, district	84195
activity, or institution as an employer, on which to report the	84196
amount of money expended by the county, district, district	84197
activity, or institution during the previous twelve calendar	84198
months for the services of employees under this chapter.	84199

(B) Each county auditor and each fiscal officer of a	84200
district, district activity, and institution shall calculate on	84201
the form it receives from the bureau under division (A) of this	84202
section the premium due as its proper contribution to the public	84203
insurance fund and issue a warrant in favor of the bureau for the	84204
amount due from the county, district, district activity, or	84205
institution to the public insurance fund according to the	84206
following schedule:	84207

(1) On or before the fifteenth day of May of each year, no	84208
less than forty-five per cent of the amount due;	84209

(2) On or before the first day of September of each year, no	84210
less than the total amount due.	84211

(C) The legislative body of any county, district, district	84212
activity, or institution may reimburse the fund from which the	84213
workers' compensation payments are made by transferring to the	84214
fund from any other fund of the county, district, district	84215
activity, or institution, the proportionate amount of the payments	84216
that should be chargeable to the fund, whether the fund is derived	84217
from taxation or otherwise. The proportionate amount of the	84218
payments chargeable to the fund may be based on payroll, relative	84219
exposure, relative loss experience, or any combination of these	84220
factors, as determined by the legislative body.	84221

(1) The workers' compensation program payments of any county,	84222
district, district activity, or institution may include all	84223
payments required by any bureau of workers' compensation rating	84224
plan.	84225

(2) The workers' compensation program payments of any county,	84226
district, district activity, or institution, except for a county	84227
board of developmental disabilities, a board of alcohol, drug	84228
addiction, and mental health services, a board of mental health	84229
services, and a board of alcohol and drug addiction services, also	84230
may include any of the following:	84231

(a) Direct administrative costs incurred in the management of	84232
the county, district, district activity, or institution's workers'	84233
compensation program;	84234

(b) Indirect costs that are necessary and reasonable for the	84235
proper and efficient administration of the workers' compensation	84236
program as documented in a cost allocation plan. The indirect cost	84237
plan shall conform to the United States office of management and	84238
budget circular A-87 "cost principles for state and local	84239
governments," 2 C.F.R. 225, as most recently amended on May 10,	84240
2004. The plan shall not authorize payment from the fund of any	84241
general government expense required to carry out the overall	84242
governmental responsibilities.	84243

(3) Within sixty days before a legislative body changes the	84244
method used for calculating the proportionate amount of the	84245
payments chargeable to the fund, it shall notify, consult with,	84246
and give information supporting the change to any elected official	84247
affected by the change. A transfer made pursuant to division	84248
(B)(2) of this section is not subject to section 5705.16 of the	84249
Revised Code.	84250

(D) Any county board of developmental disabilities, board of	84251
alcohol, drug addiction, and mental health services, board of	84252
mental health services, or board of alcohol and drug addiction	84253
services whose workers' compensation payments, on or before ~~the~~	84254
~~effective date of this section~~September 28, 2012, includes costs	84255
referred to in division (C)(2) of this section may continue to do	84256
so on and after ~~the effective date of this amendment~~September	84257
28, 2012.	84258

(E) The bureau may investigate the correctness of the	84259
information provided by the county auditor and chief fiscal	84260
officer under division (B) of this section, and if the bureau	84261
determines at any time that the county, district, district	84262
activity, or institution has not reported the correct information,	84263
the administrator of workers' compensation may make deductions or	84264
additions as the facts warrant and take those facts into	84265
consideration in determining the current or future contributions	84266
to be made by the county, district, district activity, or	84267
institution. If the county, district, district activity, or	84268
institution does not furnish the report in the time required by	84269
this section, the administrator may fix the amount of contribution	84270
the county, district, district activity, or institution must make	84271
and certify that amount for payment.	84272

(F) The administrator shall provide a discount to any county,	84273
district, district activity, or institution that pays its total	84274
amount due to the public insurance fund on or before the fifteenth	84275
day of May of each year as its proper contribution for premiums.	84276
The administrator shall base the discount provided under this	84277
division on the savings generated by the early payment to the	84278
public insurance fund. The administrator may provide the discount	84279
through a refund to the county, district, district activity, or	84280
institution or an offset against the future contributions due to	84281
the public insurance fund from the county, district, district	84282
activity, or institution.	84283

(G) The administrator may impose an interest penalty for late	84284
payment of any amount due from a county, district, district	84285
activity, and institution at the interest rate established by the	84286
state tax commissioner pursuant to section 5703.47 of the Revised	84287
Code.	84288

(H) If the administrator adopts rules for the prospective	84289
payment of premium as permitted under section 4123.322 of the	84290
Revised Code, every employer mentioned in division (B)(1) of	84291
section 4123.01 of the Revised Code, except for a state agency or	84292
a state university or college as defined in section 4123.32 of the	84293
Revised Code, shall pay into the state insurance fund the amount	84294
of premium the administrator fixes for the employment or	84295
occupation of the employer, the amount of which premium to be paid	84296
by each employer to be determined by the classifications, rules,	84297
and rates made and published by the administrator and based upon	84298
the estimates and reconciliations required by the rules the	84299
administrator adopts under section 4123.322 of the Revised Code.	84300

Sec. 4123.57. Partial disability compensation shall be paid	84301
as follows.	84302

Except as provided in this section, not earlier than	84303
twenty-six weeks after the date of termination of the latest	84304
period of payments under section 4123.56 of the Revised Code, or	84305
not earlier than twenty-six weeks after the date of the injury or	84306
contraction of an occupational disease in the absence of payments	84307
under section 4123.56 of the Revised Code, the employee may file	84308
an application with the bureau of workers' compensation for the	84309
determination of the percentage of the employee's permanent	84310
partial disability resulting from an injury or occupational	84311
disease.	84312

Whenever the application is filed, the bureau shall send a	84313
copy of the application to the employee's employer or the	84314
employer's representative and shall schedule the employee for a	84315
medical examination by the bureau medical section. The bureau	84316
shall send a copy of the report of the medical examination to the	84317
employee, the employer, and their representatives. Thereafter, the	84318
administrator of workers' compensation shall review the employee's	84319
claim file and make a tentative order as the evidence before the	84320
administrator at the time of the making of the order warrants. If	84321
the administrator determines that there is a conflict of evidence,	84322
the administrator shall send the application, along with the	84323
claimant's file, to the district hearing officer who shall set the	84324
application for a hearing.	84325

The administrator shall notify the employee, the employer,	84326
and their representatives, in writing, of the tentative order and	84327
of the parties' right to request a hearing. Unless the employee,	84328
the employer, or their representative notifies the administrator,	84329
in writing, of an objection to the tentative order within twenty	84330
days after receipt of the notice thereof, the tentative order	84331
shall go into effect and the employee shall receive the	84332
compensation provided in the order. In no event shall there be a	84333
reconsideration of a tentative order issued under this division.	84334

If the employee, the employer, or their representatives	84335
timely notify the administrator of an objection to the tentative	84336
order, the matter shall be referred to a district hearing officer	84337
who shall set the application for hearing with written notices to	84338
all interested persons. Upon referral to a district hearing	84339
officer, the employer may obtain a medical examination of the	84340
employee, pursuant to rules of the industrial commission.	84341

(A) The district hearing officer, upon the application, shall	84342
determine the percentage of the employee's permanent disability,	84343
except as is subject to division (B) of this section, based upon	84344
that condition of the employee resulting from the injury or	84345
occupational disease and causing permanent impairment evidenced by	84346
medical or clinical findings reasonably demonstrable. The employee	84347
shall receive sixty-six and two-thirds per cent of the employee's	84348
average weekly wage, but not more than a maximum of thirty-three	84349
and one-third per cent of the statewide average weekly wage as	84350
defined in division (C) of section 4123.62 of the Revised Code,	84351
per week regardless of the average weekly wage, for the number of	84352
weeks which equals the percentage of two hundred weeks. Except on	84353
application for reconsideration, review, or modification, which is	84354
filed within ten days after the date of receipt of the decision of	84355
the district hearing officer, in no instance shall the former	84356
award be modified unless it is found from medical or clinical	84357
findings that the condition of the claimant resulting from the	84358
injury has so progressed as to have increased the percentage of	84359
permanent partial disability. A staff hearing officer shall hear	84360
an application for reconsideration filed and the staff hearing	84361
officer's decision is final. An employee may file an application	84362
for a subsequent determination of the percentage of the employee's	84363
permanent disability. If such an application is filed, the bureau	84364
shall send a copy of the application to the employer or the	84365
employer's representative. No sooner than sixty days from the date	84366
of the mailing of the application to the employer or the	84367
employer's representative, the administrator shall review the	84368
application. The administrator may require a medical examination	84369
or medical review of the employee. The administrator shall issue a	84370
tentative order based upon the evidence before the administrator,	84371
provided that if the administrator requires a medical examination	84372
or medical review, the administrator shall not issue the tentative	84373
order until the completion of the examination or review.	84374

The employer may obtain a medical examination of the employee	84375
and may submit medical evidence at any stage of the process up to	84376
a hearing before the district hearing officer, pursuant to rules	84377
of the commission. The administrator shall notify the employee,	84378
the employer, and their representatives, in writing, of the nature	84379
and amount of any tentative order issued on an application	84380
requesting a subsequent determination of the percentage of an	84381
employee's permanent disability. An employee, employer, or their	84382
representatives may object to the tentative order within twenty	84383
days after the receipt of the notice thereof. If no timely	84384
objection is made, the tentative order shall go into effect. In no	84385
event shall there be a reconsideration of a tentative order issued	84386
under this division. If an objection is timely made, the	84387
application for a subsequent determination shall be referred to a	84388
district hearing officer who shall set the application for a	84389
hearing with written notice to all interested persons. No	84390
application for subsequent percentage determinations on the same	84391
claim for injury or occupational disease shall be accepted for	84392
review by the district hearing officer unless supported by	84393
substantial evidence of new and changed circumstances developing	84394
since the time of the hearing on the original or last	84395
determination.	84396

No award shall be made under this division based upon a	84397
percentage of disability which, when taken with all other	84398
percentages of permanent disability, exceeds one hundred per cent.	84399
If the percentage of the permanent disability of the employee	84400
equals or exceeds ninety per cent, compensation for permanent	84401
partial disability shall be paid for two hundred weeks.	84402

Compensation payable under this division accrues and is	84403
payable to the employee from the date of last payment of	84404
compensation, or, in cases where no previous compensation has been	84405
paid, from the date of the injury or the date of the diagnosis of	84406
the occupational disease.	84407

When an award under this division has been made prior to the	84408
death of an employee, all unpaid installments accrued or to accrue	84409
under the provisions of the award are payable to the surviving	84410
spouse, or if there is no surviving spouse, to the dependent	84411
children of the employee, and if there are no children surviving,	84412
then to other dependents as the administrator determines.	84413

(B) For purposes of this division, "payable per week" means	84414
the seven-consecutive-day period in which compensation is paid in	84415
installments according to the schedule associated with the	84416
applicable injury as set forth in this division.	84417

Compensation paid in weekly installments according to the	84418
schedule described in this division may only be commuted to one or	84419
more ~~lump-sum~~lump sum payments pursuant to the procedure set	84420
forth in section 4123.64 of the Revised Code.	84421

In cases included in the following schedule the compensation	84422
payable per week to the employee is the statewide average weekly	84423
wage as defined in division (C) of section 4123.62 of the Revised	84424
Code per week and shall be paid in installments according to the	84425
following schedule:	84426

For the loss of a first finger, commonly known as a thumb,	84427
sixty weeks.	84428

For the loss of a second finger, commonly called index	84429
finger, thirty-five weeks.	84430

For the loss of a third finger, thirty weeks.

84431

For the loss of a fourth finger, twenty weeks.

84432

For the loss of a fifth finger, commonly known as the little	84433
finger, fifteen weeks.	84434

The loss of a second, or distal, phalange of the thumb is	84435
considered equal to the loss of one half of such thumb; the loss	84436
of more than one half of such thumb is considered equal to the	84437
loss of the whole thumb.	84438

The loss of the third, or distal, phalange of any finger is	84439
considered equal to the loss of one-third of the finger.	84440

The loss of the middle, or second, phalange of any finger is	84441
considered equal to the loss of two-thirds of the finger.	84442

The loss of more than the middle and distal phalanges of any	84443
finger is considered equal to the loss of the whole finger. In no	84444
case shall the amount received for more than one finger exceed the	84445
amount provided in this schedule for the loss of a hand.	84446

For the loss of the metacarpal bone (bones of the palm) for	84447
the corresponding thumb, or fingers, add ten weeks to the number	84448
of weeks under this division.	84449

For ankylosis (total stiffness of) or contractures (due to	84450
scars or injuries) which makes any of the fingers, thumbs, or	84451
parts of either useless, the same number of weeks apply to the	84452
members or parts thereof as given for the loss thereof.	84453

If the claimant has suffered the loss of two or more fingers	84454
by amputation or ankylosis and the nature of the claimant's	84455
employment in the course of which the claimant was working at the	84456
time of the injury or occupational disease is such that the	84457
handicap or disability resulting from the loss of fingers, or loss	84458
of use of fingers, exceeds the normal handicap or disability	84459
resulting from the loss of fingers, or loss of use of fingers, the	84460
administrator may take that fact into consideration and increase	84461
the award of compensation accordingly, but the award made shall	84462
not exceed the amount of compensation for loss of a hand.	84463

For the loss of a hand, one hundred seventy-five weeks.

84464

For the loss of an arm, two hundred twenty-five weeks.

84465

For the loss of a great toe, thirty weeks.

84466

For the loss of one of the toes other than the great toe, ten	84467
weeks.	84468

The loss of more than two-thirds of any toe is considered	84469
equal to the loss of the whole toe.	84470

The loss of less than two-thirds of any toe is considered no	84471
loss, except as to the great toe; the loss of the great toe up to	84472
the interphalangeal joint is co-equal to the loss of one-half of	84473
the great toe; the loss of the great toe beyond the	84474
interphalangeal joint is considered equal to the loss of the whole	84475
great toe.	84476

For the loss of a foot, one hundred fifty weeks.

84477

For the loss of a leg, two hundred weeks.

84478

For the loss of the sight of an eye, one hundred twenty-five	84479
weeks.	84480

For the permanent partial loss of sight of an eye, the	84481
portion of one hundred twenty-five weeks as the administrator in	84482
each case determines, based upon the percentage of vision actually	84483
lost as a result of the injury or occupational disease, but, in no	84484
case shall an award of compensation be made for less than	84485
twenty-five per cent loss of uncorrected vision. "Loss of	84486
uncorrected vision" means the percentage of vision actually lost	84487
as the result of the injury or occupational disease.	84488

For the permanent and total loss of hearing of one ear,	84489
twenty-five weeks; but in no case shall an award of compensation	84490
be made for less than permanent and total loss of hearing of one	84491
ear.	84492

For the permanent and total loss of hearing, one hundred	84493
twenty-five weeks; but, except pursuant to the next preceding	84494
paragraph, in no case shall an award of compensation be made for	84495
less than permanent and total loss of hearing.	84496

In case an injury or occupational disease results in serious	84497
facial or head disfigurement which either impairs or may in the	84498
future impair the opportunities to secure or retain employment,	84499
the administrator shall make an award of compensation as it deems	84500
proper and equitable, in view of the nature of the disfigurement,	84501
and not to exceed the sum of ten thousand dollars. For the purpose	84502
of making the award, it is not material whether the employee is	84503
gainfully employed in any occupation or trade at the time of the	84504
administrator's determination.	84505

When an award under this division has been made prior to the	84506
death of an employee all unpaid installments accrued or to accrue	84507
under the provisions of the award shall be payable to the	84508
surviving spouse, or if there is no surviving spouse, to the	84509
dependent children of the employee and if there are no such	84510
children, then to such dependents as the administrator determines.	84511

When an employee has sustained the loss of a member by	84512
severance, but no award has been made on account thereof prior to	84513
the employee's death, the administrator shall make an award in	84514
accordance with this division for the loss which shall be payable	84515
to the surviving spouse, or if there is no surviving spouse, to	84516
the dependent children of the employee and if there are no such	84517
children, then to such dependents as the administrator determines.	84518

(C) Compensation for partial impairment under divisions (A)	84519
and (B) of this section is in addition to the compensation paid	84520
the employee pursuant to section 4123.56 of the Revised Code. A	84521
claimant may receive compensation under divisions (A) and (B) of	84522
this section.	84523

In all cases arising under division (B) of this section, if	84524
it is determined by any one of the following: (1) the amputee	84525
clinic at University hospital, Ohio state university; (2) the	84526
~~rehabilitation services commission~~opportunities for Ohioans with	84527
disabilities agency; (3) an amputee clinic or prescribing	84528
physician approved by the administrator or the administrator's	84529
designee, that an injured or disabled employee is in need of an	84530
artificial appliance, or in need of a repair thereof, regardless	84531
of whether the appliance or its repair will be serviceable in the	84532
vocational rehabilitation of the injured employee, and regardless	84533
of whether the employee has returned to or can ever again return	84534
to any gainful employment, the bureau shall pay the cost of the	84535
artificial appliance or its repair out of the surplus created by	84536
division (B) of section 4123.34 of the Revised Code.	84537

In those cases where ~~a rehabilitation services commission~~an	84538
opportunities for Ohioans with disabilities agency recommendation	84539
that an injured or disabled employee is in need of an artificial	84540
appliance would conflict with their state plan, adopted pursuant	84541
to the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	84542
701, the administrator or the administrator's designee or the	84543
bureau may obtain a recommendation from an amputee clinic or	84544
prescribing physician that they determine appropriate.	84545

(D) If an employee of a state fund employer makes application	84546
for a finding and the administrator finds that the employee has	84547
contracted silicosis as defined in division (X), or coal miners'	84548
pneumoconiosis as defined in division (Y), or asbestosis as	84549
defined in division (AA) of section 4123.68 of the Revised Code,	84550
and that a change of such employee's occupation is medically	84551
advisable in order to decrease substantially further exposure to	84552
silica dust, asbestos, or coal dust and if the employee, after the	84553
finding, has changed or shall change the employee's occupation to	84554
an occupation in which the exposure to silica dust, asbestos, or	84555
coal dust is substantially decreased, the administrator shall	84556
allow to the employee an amount equal to fifty per cent of the	84557
statewide average weekly wage per week for a period of thirty	84558
weeks, commencing as of the date of the discontinuance or change,	84559
and for a period of one hundred weeks immediately following the	84560
expiration of the period of thirty weeks, the employee shall	84561
receive sixty-six and two-thirds per cent of the loss of wages	84562
resulting directly and solely from the change of occupation but	84563
not to exceed a maximum of an amount equal to fifty per cent of	84564
the statewide average weekly wage per week. No such employee is	84565
entitled to receive more than one allowance on account of	84566
discontinuance of employment or change of occupation and benefits	84567
shall cease for any period during which the employee is employed	84568
in an occupation in which the exposure to silica dust, asbestos,	84569
or coal dust is not substantially less than the exposure in the	84570
occupation in which the employee was formerly employed or for any	84571
period during which the employee may be entitled to receive	84572
compensation or benefits under section 4123.68 of the Revised Code	84573
on account of disability from silicosis, asbestosis, or coal	84574
miners' pneumoconiosis. An award for change of occupation for a	84575
coal miner who has contracted coal miners' pneumoconiosis may be	84576
granted under this division even though the coal miner continues	84577
employment with the same employer, so long as the coal miner's	84578
employment subsequent to the change is such that the coal miner's	84579
exposure to coal dust is substantially decreased and a change of	84580
occupation is certified by the claimant as permanent. The	84581
administrator may accord to the employee medical and other	84582
benefits in accordance with section 4123.66 of the Revised Code.	84583

(E) If a firefighter or police officer makes application for	84584
a finding and the administrator finds that the firefighter or	84585
police officer has contracted a cardiovascular and pulmonary	84586
disease as defined in division (W) of section 4123.68 of the	84587
Revised Code, and that a change of the firefighter's or police	84588
officer's occupation is medically advisable in order to decrease	84589
substantially further exposure to smoke, toxic gases, chemical	84590
fumes, and other toxic vapors, and if the firefighter, or police	84591
officer, after the finding, has changed or changes occupation to	84592
an occupation in which the exposure to smoke, toxic gases,	84593
chemical fumes, and other toxic vapors is substantially decreased,	84594
the administrator shall allow to the firefighter or police officer	84595
an amount equal to fifty per cent of the statewide average weekly	84596
wage per week for a period of thirty weeks, commencing as of the	84597
date of the discontinuance or change, and for a period of	84598
seventy-five weeks immediately following the expiration of the	84599
period of thirty weeks the administrator shall allow the	84600
firefighter or police officer sixty-six and two-thirds per cent of	84601
the loss of wages resulting directly and solely from the change of	84602
occupation but not to exceed a maximum of an amount equal to fifty	84603
per cent of the statewide average weekly wage per week. No such	84604
firefighter or police officer is entitled to receive more than one	84605
allowance on account of discontinuance of employment or change of	84606
occupation and benefits shall cease for any period during which	84607
the firefighter or police officer is employed in an occupation in	84608
which the exposure to smoke, toxic gases, chemical fumes, and	84609
other toxic vapors is not substantially less than the exposure in	84610
the occupation in which the firefighter or police officer was	84611
formerly employed or for any period during which the firefighter	84612
or police officer may be entitled to receive compensation or	84613
benefits under section 4123.68 of the Revised Code on account of	84614
disability from a cardiovascular and pulmonary disease. The	84615
administrator may accord to the firefighter or police officer	84616
medical and other benefits in accordance with section 4123.66 of	84617
the Revised Code.	84618

(F) An order issued under this section is appealable pursuant	84619
to section 4123.511 of the Revised Code but is not appealable to	84620
court under section 4123.512 of the Revised Code.	84621

Sec. 4123.93. As used in sections 4123.93 and 4123.931 of	84622
the Revised Code:	84623

(A) "Claimant" means a person who is eligible to receive	84624
compensation, medical benefits, or death benefits under this	84625
chapter or Chapter 4121., 4127., or 4131. of the Revised Code.	84626

(B) "Statutory subrogee" means the administrator of workers'	84627
compensation, a self-insuring employer, or an employer that	84628
contracts for the direct payment of medical services pursuant to	84629
division ~~(L)~~(P) of section 4121.44 of the Revised Code.	84630

(C) "Third party" means an individual, private insurer,	84631
public or private entity, or public or private program that is or	84632
may be liable to make payments to a person without regard to any	84633
statutory duty contained in this chapter or Chapter 4121., 4127.,	84634
or 4131. of the Revised Code.	84635

(D) "Subrogation interest" includes past, present, and	84636
estimated future payments of compensation, medical benefits,	84637
rehabilitation costs, or death benefits, and any other costs or	84638
expenses paid to or on behalf of the claimant by the statutory	84639
subrogee pursuant to this chapter or Chapter 4121., 4127., or	84640
4131. of the Revised Code.	84641

(E) "Net amount recovered" means the amount of any award,	84642
settlement, compromise, or recovery by a claimant against a third	84643
party, minus the attorney's fees, costs, or other expenses	84644
incurred by the claimant in securing the award, settlement,	84645
compromise, or recovery. "Net amount recovered" does not include	84646
any punitive damages that may be awarded by a judge or jury.	84647

(F) "Uncompensated damages" means the claimant's demonstrated	84648
or proven damages minus the statutory subrogee's subrogation	84649
interest.	84650

Sec. 4131.03. (A) For the relief of persons who are entitled	84651
to receive benefits by virtue of the federal act, there is hereby	84652
established a coal-workers pneumoconiosis fund, which shall be	84653
separate from the funds established and administered pursuant to	84654
Chapter 4123. of the Revised Code. The fund shall consist of	84655
premiums and other payments thereto by subscribers who elect to	84656
subscribe to the fund to insure the payment of benefits required	84657
by the federal act.	84658

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	84659
custody of the treasurer of state. The bureau of workers'	84660
compensation shall make disbursements from the fund to those	84661
persons entitled to payment therefrom and in the amounts required	84662
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	84663
investment earnings of the fund shall be credited to the fund.	84664

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	84665
~~director of natural resources annually may request the~~	84666
~~administrator of workers' compensation to transfer a portion of~~	84667
~~the investment earnings credited to the coal-workers~~	84668
~~pneumoconiosis fund as provided in this division. If the~~	84669
~~administrator receives a request from the director, the~~	84670
~~administrator, on the first day of July, or as soon as possible~~	84671
~~after that date, shall transfer from the investment earnings~~	84672
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	84673
~~exceed three million dollars to the mine safety fund created in~~	84674
~~section 1561.24 of the Revised Code for the purposes specified in~~	84675
~~that section and an amount not to exceed one million five hundred~~	84676
~~thousand dollars to the coal mining administration and reclamation~~	84677
~~reserve fund created in section 1513.181 of the Revised Code for~~	84678
~~the purposes specified in that section. The administrator, with~~	84679
~~the advice and consent of the bureau of workers' compensation~~	84680
~~board of directors, shall adopt rules governing the transfer in~~	84681
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	84682
~~fund. For that purpose, the rules may establish tests based on~~	84683
~~measures of net assets, liabilities, expenses, interest, dividend~~	84684
~~income, or other factors that the administrator determines~~	84685
~~appropriate that may be applied prior to a transfer.~~	84686

(C) The administrator shall have the same powers to invest	84687
any of the surplus or reserve belonging to the coal-workers	84688
pneumoconiosis fund as are delegated to the administrator under	84689
section 4123.44 of the Revised Code with respect to the state	84690
insurance fund.	84691

(D) If the administrator determines that reinsurance of the	84692
risks of the coal-workers pneumoconiosis fund is necessary to	84693
assure solvency of the fund, the administrator may:	84694

(1) Enter into contracts for the purchase of reinsurance	84695
coverage of the risks of the fund with any company or agency	84696
authorized by law to issue contracts of reinsurance;	84697

(2) Pay the cost of reinsurance from the fund;

84698

(3) Include the costs of reinsurance as a liability and	84699
estimated liability of the fund.	84700

Sec. 4141.162. (A) The director of job and family services	84701
shall establish an income and eligibility verification system that	84702
complies with section 1137 of the "Social Security Act." The	84703
programs included in the system are all of the following:	84704

(1) Unemployment compensation pursuant to section 3304 of the	84705
"Internal Revenue Code of 1954";	84706

(2) The state programs funded in part under part A of Title	84707
IV of the "Social Security Act" and administered under Chapters	84708
5107. and 5108. of the Revised Code;	84709

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	84710
~~Act"~~The medicaid program;	84711

(4) The supplemental nutrition assistance program pursuant to	84712
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	84713

(5) Any Ohio program under a plan approved under Title I, X,	84714
XIV, or XVI of the "Social Security Act."	84715

Wage information provided by employers to the director shall	84716
be furnished to the income and eligibility verification system.	84717
Such information shall be used by the director to determine	84718
eligibility of individuals for unemployment compensation benefits	84719
and the amount of those benefits and used by the agencies that	84720
administer the programs identified in divisions (A)(2) to (5) of	84721
this section to determine or verify eligibility for or the amount	84722
of benefits under those programs.	84723

The director shall fully implement the use of wage	84724
information to determine eligibility for and the amount of	84725
unemployment compensation benefits by September 30, 1988.	84726

Information furnished under the system shall also be made	84727
available to the appropriate state or local child support	84728
enforcement agency for the purposes of an approved plan under	84729
Title IV-D of the "Social Security Act" and to the appropriate	84730
federal agency for the purposes of Titles II and XVI of the	84731
"Social Security Act."	84732

(B) The director shall adopt rules as necessary under which	84733
the department of job and family services and other state agencies	84734
that the director determines must participate in order to ensure	84735
compliance with section 1137 of the "Social Security Act" exchange	84736
information with each other or authorized federal agencies about	84737
individuals who are applicants for or recipients of benefits under	84738
any of the programs enumerated in division (A) of this section.	84739
The rules shall extend to all of the following:	84740

(1) A requirement for standardized formats and procedures for	84741
a participating agency to request and receive information about an	84742
individual, which information shall include the individual's	84743
social security number;	84744

(2) A requirement that all applicants for and recipients of	84745
benefits under any program enumerated in division (A) of this	84746
section be notified at the time of application, and periodically	84747
thereafter, that information available through the system may be	84748
shared with agencies that administer other benefit programs and	84749
utilized in establishing or verifying eligibility or benefit	84750
amounts under the other programs enumerated in division (A) of	84751
this section;	84752

(3) A requirement that information is made available only to	84753
the extent necessary to assist in the valid administrative needs	84754
of the program receiving the information and is targeted for use	84755
in ways which are most likely to be productive in identifying and	84756
preventing ineligibility and incorrect payments;	84757

(4) A requirement that information is adequately protected	84758
against unauthorized disclosures for purposes other than to	84759
establish or verify eligibility or benefit amounts under the	84760
programs enumerated in division (A) of this section;	84761

(5) A requirement that a program providing information is	84762
reimbursed by the program using the information for the actual	84763
costs of furnishing the information and that the director be	84764
reimbursed by the participating programs for any actual costs	84765
incurred in operating the system;	84766

(6) Requirements for any other matters necessary to ensure	84767
the effective, efficient, and timely exchange of necessary	84768
information or that the director determines must be addressed in	84769
order to ensure compliance with the requirements of section 1137	84770
of the "Social Security Act."	84771

(C) Each participating agency shall furnish to the income and	84772
eligibility verification system established in division (A) of	84773
this section that information, which the director, by rule,	84774
determines is necessary in order to comply with section 1137 of	84775
the "Social Security Act."	84776

(D) Notwithstanding the information disclosure requirements	84777
of this section and section 4141.21 and division (A) of section	84778
4141.284 of the Revised Code, the director shall administer those	84779
provisions of law so as to comply with section 1137 of the "Social	84780
Security Act."	84781

(E) Requirements in section 4141.21 of the Revised Code with	84782
respect to confidentiality of information obtained in the	84783
administration of Chapter 4141. of the Revised Code and any	84784
sanctions imposed for improper disclosure of such information	84785
shall apply to the redisclosure of information disclosed under	84786
this section.	84787

(F) The director of job and family services shall consult	84788
with the medicaid director and the director of administrative	84789
services regarding the implementation of this section.	84790

Sec. 4141.29. Each eligible individual shall receive	84791
benefits as compensation for loss of remuneration due to	84792
involuntary total or partial unemployment in the amounts and	84793
subject to the conditions stipulated in this chapter.	84794

(A) No individual is entitled to a waiting period or benefits	84795
for any week unless the individual:	84796

(1) Has filed a valid application for determination of	84797
benefit rights in accordance with section 4141.28 of the Revised	84798
Code;	84799

(2) Has made a claim for benefits in accordance with section	84800
4141.28 of the Revised Code;	84801

(3) Has registered at an employment office or other	84802
registration place maintained or designated by the director of job	84803
and family services. Registration shall be made in accordance with	84804
the time limits, frequency, and manner prescribed by the director.	84805

(4)(a)(i) Is able to work and available for suitable work	84806
and, except as provided in division (A)(4)(a)(ii) of this section,	84807
is actively seeking suitable work either in a locality in which	84808
the individual has earned wages subject to this chapter during the	84809
individual's base period, or if the individual leaves that	84810
locality, then in a locality where suitable work normally is	84811
performed.	84812

(ii) The director may waive the requirement that a claimant	84813
be actively seeking work when the director finds that the	84814
individual has been laid off and the employer who laid the	84815
individual off has notified the director within ten days after the	84816
layoff, that work is expected to be available for the individual	84817
within a specified number of days not to exceed forty-five	84818
calendar days following the last day the individual worked. In the	84819
event the individual is not recalled within the specified period,	84820
this waiver shall cease to be operative with respect to that	84821
layoff.	84822

(b) The individual shall be instructed as to the efforts that	84823
the individual must make in the search for suitable work, except	84824
where the active search for work requirement has been waived under	84825
division (A)(4)(a) of this section, and shall keep a record of	84826
where and when the individual has sought work in complying with	84827
those instructions and, upon request, shall produce that record	84828
for examination by the director.	84829

(c) An individual who is attending a training course approved	84830
by the director meets the requirement of this division, if	84831
attendance was recommended by the director and the individual is	84832
regularly attending the course and is making satisfactory	84833
progress. An individual also meets the requirements of this	84834
division if the individual is participating and advancing in a	84835
training program, as defined in division (P) of section 5709.61 of	84836
the Revised Code, and if an enterprise, defined in division (B) of	84837
section 5709.61 of the Revised Code, is paying all or part of the	84838
cost of the individual's participation in the training program	84839
with the intention of hiring the individual for employment as a	84840
new employee, as defined in division (L) of section 5709.61 of the	84841
Revised Code, for at least ninety days after the individual's	84842
completion of the training program.	84843

(d) An individual who becomes unemployed while attending a	84844
regularly established school and whose base period qualifying	84845
weeks were earned in whole or in part while attending that school,	84846
meets the availability and active search for work requirements of	84847
division (A)(4)(a) of this section if the individual regularly	84848
attends the school during weeks with respect to which the	84849
individual claims unemployment benefits and makes self available	84850
on any shift of hours for suitable employment with the	84851
individual's most recent employer or any other employer in the	84852
individual's base period, or for any other suitable employment to	84853
which the individual is directed, under this chapter.	84854

(e) The director shall adopt any rules that the director	84855
deems necessary for the administration of division (A)(4) of this	84856
section.	84857

(f) Notwithstanding any other provisions of this section, no	84858
otherwise eligible individual shall be denied benefits for any	84859
week because the individual is in training approved under section	84860
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	84861
2296, nor shall that individual be denied benefits by reason of	84862
leaving work to enter such training, provided the work left is not	84863
suitable employment, or because of the application to any week in	84864
training of provisions in this chapter, or any applicable federal	84865
unemployment compensation law, relating to availability for work,	84866
active search for work, or refusal to accept work.	84867

For the purposes of division (A)(4)(f) of this section,	84868
"suitable employment" means with respect to an individual, work of	84869
a substantially equal or higher skill level than the individual's	84870
past adversely affected employment, as defined for the purposes of	84871
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	84872
wages for such work at not less than eighty per cent of the	84873
individual's average weekly wage as determined for the purposes of	84874
that federal act.	84875

(5) Is unable to obtain suitable work. An individual who is	84876
provided temporary work assignments by the individual's employer	84877
under agreed terms and conditions of employment, and who is	84878
required pursuant to those terms and conditions to inquire with	84879
the individual's employer for available work assignments upon the	84880
conclusion of each work assignment, is not considered unable to	84881
obtain suitable employment if suitable work assignments are	84882
available with the employer but the individual fails to contact	84883
the employer to inquire about work assignments.	84884

(6) Participates in reemployment services, such as job search	84885
assistance services, if the individual has been determined to be	84886
likely to exhaust benefits under this chapter, including	84887
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	84888
extended compensation, and needs reemployment services pursuant to	84889
the profiling system established by the director under division	84890
(K) of this section, unless the director determines that:	84891

(a) The individual has completed such services; or

84892

(b) There is justifiable cause for the claimant's failure to	84893
participate in such services.	84894

(B) An individual suffering total or partial unemployment is	84895
eligible for benefits for unemployment occurring subsequent to a	84896
waiting period of one week and no benefits shall be payable during	84897
this required waiting period. Not more than one week of waiting	84898
period shall be required of any individual in any benefit year in	84899
order to establish the individual's eligibility for total or	84900
partial unemployment benefits.	84901

(C) The waiting period for total or partial unemployment	84902
shall commence on the first day of the first week with respect to	84903
which the individual first files a claim for benefits at an	84904
employment office or other place of registration maintained or	84905
designated by the director or on the first day of the first week	84906
with respect to which the individual has otherwise filed a claim	84907
for benefits in accordance with the rules of the department of job	84908
and family services, provided such claim is allowed by the	84909
director.	84910

(D) Notwithstanding division (A) of this section, no	84911
individual may serve a waiting period or be paid benefits under	84912
the following conditions:	84913

(1) For any week with respect to which the director finds	84914
that:	84915

(a) The individual's unemployment was due to a labor dispute	84916
other than a lockout at any factory, establishment, or other	84917
premises located in this or any other state and owned or operated	84918
by the employer by which the individual is or was last employed;	84919
and for so long as the individual's unemployment is due to such	84920
labor dispute. No individual shall be disqualified under this	84921
provision if either of the following applies:	84922

(i) The individual's employment was with such employer at any	84923
factory, establishment, or premises located in this state, owned	84924
or operated by such employer, other than the factory,	84925
establishment, or premises at which the labor dispute exists, if	84926
it is shown that the individual is not financing, participating	84927
in, or directly interested in such labor dispute;	84928

(ii) The individual's employment was with an employer not	84929
involved in the labor dispute but whose place of business was	84930
located within the same premises as the employer engaged in the	84931
dispute, unless the individual's employer is a wholly owned	84932
subsidiary of the employer engaged in the dispute, or unless the	84933
individual actively participates in or voluntarily stops work	84934
because of such dispute. If it is established that the claimant	84935
was laid off for an indefinite period and not recalled to work	84936
prior to the dispute, or was separated by the employer prior to	84937
the dispute for reasons other than the labor dispute, or that the	84938
individual obtained a bona fide job with another employer while	84939
the dispute was still in progress, such labor dispute shall not	84940
render the employee ineligible for benefits.	84941

(b) The individual has been given a disciplinary layoff for	84942
misconduct in connection with the individual's work.	84943

(2) For the duration of the individual's unemployment if the	84944
director finds that:	84945

(a) The individual quit work without just cause or has been	84946
discharged for just cause in connection with the individual's	84947
work, provided division (D)(2) of this section does not apply to	84948
the separation of a person under any of the following	84949
circumstances:	84950

(i) Separation from employment for the purpose of entering	84951
the armed forces of the United States if the individual is	84952
inducted into the armed forces within one of the following	84953
periods:	84954

(I) Thirty days after separation;

84955

(II) One hundred eighty days after separation if the	84956
individual's date of induction is delayed solely at the discretion	84957
of the armed forces.	84958

(ii) Separation from employment pursuant to a	84959
labor-management contract or agreement, or pursuant to an	84960
established employer plan, program, or policy, which permits the	84961
employee, because of lack of work, to accept a separation from	84962
employment;	84963

(iii) The individual has left employment to accept a recall	84964
from a prior employer or, except as provided in division	84965
(D)(2)(a)(iv) of this section, to accept other employment as	84966
provided under section 4141.291 of the Revised Code, or left or	84967
was separated from employment that was concurrent employment at	84968
the time of the most recent separation or within six weeks prior	84969
to the most recent separation where the remuneration, hours, or	84970
other conditions of such concurrent employment were substantially	84971
less favorable than the individual's most recent employment and	84972
where such employment, if offered as new work, would be considered	84973
not suitable under the provisions of divisions (E) and (F) of this	84974
section. Any benefits that would otherwise be chargeable to the	84975
account of the employer from whom an individual has left	84976
employment or was separated from employment that was concurrent	84977
employment under conditions described in division (D)(2)(a)(iii)	84978
of this section, shall instead be charged to the mutualized	84979
account created by division (B) of section 4141.25 of the Revised	84980
Code, except that any benefits chargeable to the account of a	84981
reimbursing employer under division (D)(2)(a)(iii) of this section	84982
shall be charged to the account of the reimbursing employer and	84983
not to the mutualized account, except as provided in division	84984
(D)(2) of section 4141.24 of the Revised Code.	84985

(iv) When an individual has been issued a definite layoff	84986
date by the individual's employer and before the layoff date, the	84987
individual quits to accept other employment, the provisions of	84988
division (D)(2)(a)(iii) of this section apply and no	84989
disqualification shall be imposed under division (D) of this	84990
section. However, if the individual fails to meet the employment	84991
and earnings requirements of division (A)(2) of section 4141.291	84992
of the Revised Code, then the individual, pursuant to division	84993
(A)(5) of this section, shall be ineligible for benefits for any	84994
week of unemployment that occurs prior to the layoff date.	84995

(v) The individual's spouse is a member of the armed forces	84996
of the United States who is on active duty as defined in 10 U.S.C.	84997
101(d)(1), the spouse is the subject of a military transfer, the	84998
individual left employment to accompany the individual's spouse to	84999
a location from which it is impractical to commute to the	85000
individual's place of employment, and upon arrival at the new	85001
place of residence, the individual is in all respects able and	85002
available for suitable work.	85003

(b) The individual has refused without good cause to accept	85004
an offer of suitable work when made by an employer either in	85005
person or to the individual's last known address, or has refused	85006
or failed to investigate a referral to suitable work when directed	85007
to do so by a local employment office of this state or another	85008
state, provided that this division shall not cause a	85009
disqualification for a waiting week or benefits under the	85010
following circumstances:	85011

(i) When work is offered by the individual's employer and the	85012
individual is not required to accept the offer pursuant to the	85013
terms of the labor-management contract or agreement; or	85014

(ii) When the individual is attending a training course	85015
pursuant to division (A)(4) of this section except, in the event	85016
of a refusal to accept an offer of suitable work or a refusal or	85017
failure to investigate a referral, benefits thereafter paid to	85018
such individual shall not be charged to the account of any	85019
employer and, except as provided in division (B)(1)(b) of section	85020
4141.241 of the Revised Code, shall be charged to the mutualized	85021
account as provided in division (B) of section 4141.25 of the	85022
Revised Code.	85023

(c) Such individual quit work to marry or because of marital,	85024
parental, filial, or other domestic obligations.	85025

(d) The individual became unemployed by reason of commitment	85026
to any correctional institution.	85027

(e) The individual became unemployed because of dishonesty in	85028
connection with the individual's most recent or any base period	85029
work. Remuneration earned in such work shall be excluded from the	85030
individual's total base period remuneration and qualifying weeks	85031
that otherwise would be credited to the individual for such work	85032
in the individual's base period shall not be credited for the	85033
purpose of determining the total benefits to which the individual	85034
is eligible and the weekly benefit amount to be paid under section	85035
4141.30 of the Revised Code. Such excluded remuneration and	85036
noncredited qualifying weeks shall be excluded from the	85037
calculation of the maximum amount to be charged, under division	85038
(D) of section 4141.24 and section 4141.33 of the Revised Code,	85039
against the accounts of the individual's base period employers. In	85040
addition, no benefits shall thereafter be paid to the individual	85041
based upon such excluded remuneration or noncredited qualifying	85042
weeks.	85043

For purposes of division (D)(2)(e) of this section,	85044
"dishonesty" means the commission of substantive theft, fraud, or	85045
deceitful acts.	85046

(E) No individual otherwise qualified to receive benefits	85047
shall lose the right to benefits by reason of a refusal to accept	85048
new work if:	85049

(1) As a condition of being so employed the individual would	85050
be required to join a company union, or to resign from or refrain	85051
from joining any bona fide labor organization, or would be denied	85052
the right to retain membership in and observe the lawful rules of	85053
any such organization.	85054

(2) The position offered is vacant due directly to a strike,	85055
lockout, or other labor dispute.	85056

(3) The work is at an unreasonable distance from the	85057
individual's residence, having regard to the character of the work	85058
the individual has been accustomed to do, and travel to the place	85059
of work involves expenses substantially greater than that required	85060
for the individual's former work, unless the expense is provided	85061
for.	85062

(4) The remuneration, hours, or other conditions of the work	85063
offered are substantially less favorable to the individual than	85064
those prevailing for similar work in the locality.	85065

(F) Subject to the special exceptions contained in division	85066
(A)(4)(f) of this section and section 4141.301 of the Revised	85067
Code, in determining whether any work is suitable for a claimant	85068
in the administration of this chapter, the director, in addition	85069
to the determination required under division (E) of this section,	85070
shall consider the degree of risk to the claimant's health,	85071
safety, and morals, the individual's physical fitness for the	85072
work, the individual's prior training and experience, the length	85073
of the individual's unemployment, the distance of the available	85074
work from the individual's residence, and the individual's	85075
prospects for obtaining local work.	85076

(G) The "duration of unemployment" as used in this section	85077
means the full period of unemployment next ensuing after a	85078
separation from any base period or subsequent work and until an	85079
individual has become reemployed in employment subject to this	85080
chapter, or the unemployment compensation act of another state, or	85081
of the United States, and until such individual has worked six	85082
weeks and for those weeks has earned or been paid remuneration	85083
equal to six times an average weekly wage of not less than:	85084
eighty-five dollars and ten cents per week beginning on June 26,	85085
1990; and beginning on and after January 1, 1992, twenty-seven and	85086
one-half per cent of the statewide average weekly wage as computed	85087
each first day of January under division (B)(3) of section 4141.30	85088
of the Revised Code, rounded down to the nearest dollar, except	85089
for purposes of division (D)(2)(c) of this section, such term	85090
means the full period of unemployment next ensuing after a	85091
separation from such work and until such individual has become	85092
reemployed subject to the terms set forth above, and has earned	85093
wages equal to one-half of the individual's average weekly wage or	85094
sixty dollars, whichever is less.	85095

(H) If a claimant is disqualified under division (D)(2)(a),	85096
(c), or (d) of this section or found to be qualified under the	85097
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or	85098
(v) of this section or division (A)(2) of section 4141.291 of the	85099
Revised Code, then benefits that may become payable to such	85100
claimant, which are chargeable to the account of the employer from	85101
whom the individual was separated under such conditions, shall be	85102
charged to the mutualized account provided in section 4141.25 of	85103
the Revised Code, provided that no charge shall be made to the	85104
mutualized account for benefits chargeable to a reimbursing	85105
employer, except as provided in division (D)(2) of section 4141.24	85106
of the Revised Code. In the case of a reimbursing employer, the	85107
director shall refund or credit to the account of the reimbursing	85108
employer any over-paid benefits that are recovered under division	85109
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	85110
other states, the United States, or Canada that are subject to	85111
agreements and arrangements that are established pursuant to	85112
section 4141.43 of the Revised Code shall be credited or	85113
reimbursed according to the agreements and arrangements to which	85114
the chargeable amounts are subject.	85115

(I)(1) Benefits based on service in employment as provided in	85116
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	85117
shall be payable in the same amount, on the same terms, and	85118
subject to the same conditions as benefits payable on the basis of	85119
other service subject to this chapter; except that after December	85120
31, 1977:	85121

(a) Benefits based on service in an instructional, research,	85122
or principal administrative capacity in an institution of higher	85123
education, as defined in division (Y) of section 4141.01 of the	85124
Revised Code; or for an educational institution as defined in	85125
division (CC) of section 4141.01 of the Revised Code, shall not be	85126
paid to any individual for any week of unemployment that begins	85127
during the period between two successive academic years or terms,	85128
or during a similar period between two regular but not successive	85129
terms or during a period of paid sabbatical leave provided for in	85130
the individual's contract, if the individual performs such	85131
services in the first of those academic years or terms and has a	85132
contract or a reasonable assurance that the individual will	85133
perform services in any such capacity for any such institution in	85134
the second of those academic years or terms.	85135

(b) Benefits based on service for an educational institution	85136
or an institution of higher education in other than an	85137
instructional, research, or principal administrative capacity,	85138
shall not be paid to any individual for any week of unemployment	85139
which begins during the period between two successive academic	85140
years or terms of the employing educational institution or	85141
institution of higher education, provided the individual performed	85142
those services for the educational institution or institution of	85143
higher education during the first such academic year or term and,	85144
there is a reasonable assurance that such individual will perform	85145
those services for any educational institution or institution of	85146
higher education in the second of such academic years or terms.	85147

If compensation is denied to any individual for any week	85148
under division (I)(1)(b) of this section and the individual was	85149
not offered an opportunity to perform those services for an	85150
institution of higher education or for an educational institution	85151
for the second of such academic years or terms, the individual is	85152
entitled to a retroactive payment of compensation for each week	85153
for which the individual timely filed a claim for compensation and	85154
for which compensation was denied solely by reason of division	85155
(I)(1)(b) of this section. An application for retroactive benefits	85156
shall be timely filed if received by the director or the	85157
director's deputy within or prior to the end of the fourth full	85158
calendar week after the end of the period for which benefits were	85159
denied because of reasonable assurance of employment. The	85160
provision for the payment of retroactive benefits under division	85161
(I)(1)(b) of this section is applicable to weeks of unemployment	85162
beginning on and after November 18, 1983. The provisions under	85163
division (I)(1)(b) of this section shall be retroactive to	85164
September 5, 1982, only if, as a condition for full tax credit	85165
against the tax imposed by the "Federal Unemployment Tax Act," 53	85166
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	85167
secretary of labor determines that retroactivity is required by	85168
federal law.	85169

(c) With respect to weeks of unemployment beginning after	85170
December 31, 1977, benefits shall be denied to any individual for	85171
any week which commences during an established and customary	85172
vacation period or holiday recess, if the individual performs any	85173
services described in divisions (I)(1)(a) and (b) of this section	85174
in the period immediately before the vacation period or holiday	85175
recess, and there is a reasonable assurance that the individual	85176
will perform any such services in the period immediately following	85177
the vacation period or holiday recess.	85178

(d) With respect to any services described in division	85179
(I)(1)(a), (b), or (c) of this section, benefits payable on the	85180
basis of services in any such capacity shall be denied as	85181
specified in division (I)(1)(a), (b), or (c) of this section to	85182
any individual who performs such services in an educational	85183
institution or institution of higher education while in the employ	85184
of an educational service agency. For this purpose, the term	85185
"educational service agency" means a governmental agency or	85186
governmental entity that is established and operated exclusively	85187
for the purpose of providing services to one or more educational	85188
institutions or one or more institutions of higher education.	85189

(e) Any individual employed by a county board of	85190
developmental disabilities shall be notified by the thirtieth day	85191
of April each year if the individual is not to be reemployed the	85192
following academic year.	85193

(f) Any individual employed by a school district, other than	85194
a municipal school district as defined in section 3311.71 of the	85195
Revised Code, shall be notified by the first day of June each year	85196
if the individual is not to be reemployed the following academic	85197
year.	85198

(2) No disqualification will be imposed, between academic	85199
years or terms or during a vacation period or holiday recess under	85200
this division, unless the director or the director's deputy has	85201
received a statement in writing from the educational institution	85202
or institution of higher education that the claimant has a	85203
contract for, or a reasonable assurance of, reemployment for the	85204
ensuing academic year or term.	85205

(3) If an individual has employment with an educational	85206
institution or an institution of higher education and employment	85207
with a noneducational employer, during the base period of the	85208
individual's benefit year, then the individual may become eligible	85209
for benefits during the between-term, or vacation or holiday	85210
recess, disqualification period, based on employment performed for	85211
the noneducational employer, provided that the employment is	85212
sufficient to qualify the individual for benefit rights separately	85213
from the benefit rights based on school employment. The weekly	85214
benefit amount and maximum benefits payable during a	85215
disqualification period shall be computed based solely on the	85216
nonschool employment.	85217

(J) Benefits shall not be paid on the basis of employment	85218
performed by an alien, unless the alien had been lawfully admitted	85219
to the United States for permanent residence at the time the	85220
services were performed, was lawfully present for purposes of	85221
performing the services, or was otherwise permanently residing in	85222
the United States under color of law at the time the services were	85223
performed, under section 212(d)(5) of the "Immigration and	85224
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	85225

(1) Any data or information required of individuals applying	85226
for benefits to determine whether benefits are not payable to them	85227
because of their alien status shall be uniformly required from all	85228
applicants for benefits.	85229

(2) In the case of an individual whose application for	85230
benefits would otherwise be approved, no determination that	85231
benefits to the individual are not payable because of the	85232
individual's alien status shall be made except upon a	85233
preponderance of the evidence that the individual had not, in	85234
fact, been lawfully admitted to the United States.	85235

(K) The director shall establish and utilize a system of	85236
profiling all new claimants under this chapter that:	85237

(1) Identifies which claimants will be likely to exhaust	85238
regular compensation and will need job search assistance services	85239
to make a successful transition to new employment;	85240

(2) Refers claimants identified pursuant to division (K)(1)	85241
of this section to reemployment services, such as job search	85242
assistance services, available under any state or federal law;	85243

(3) Collects follow-up information relating to the services	85244
received by such claimants and the employment outcomes for such	85245
claimant's subsequent to receiving such services and utilizes such	85246
information in making identifications pursuant to division (K)(1)	85247
of this section; and	85248

(4) Meets such other requirements as the United States	85249
secretary of labor determines are appropriate.	85250

Sec. 4301.01. (A) As used in the Revised Code:

85251

(1) "Intoxicating liquor" and "liquor" include all liquids	85252
and compounds, other than beer, containing one-half of one per	85253
cent or more of alcohol by volume which are fit to use for	85254
beverage purposes, from whatever source and by whatever process	85255
produced, by whatever name called, and whether they are medicated,	85256
proprietary, or patented. "Intoxicating liquor" and "liquor"	85257
include ~~wine even if it contains less than four per cent of~~	85258
~~alcohol by volume, mixed beverages even if they contain less than~~	85259
~~four per cent of alcohol by volume,~~ cider,and alcohol, and all	85260
solids and confections which contain ~~any alcohol~~one-half of one	85261
per cent or more of alcohol by volume.	85262

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	85263
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	85264
Revised Code, "sale" and "sell" include exchange, barter, gift,	85265
offer for sale, sale, distribution and delivery of any kind, and	85266
the transfer of title or possession of beer and intoxicating	85267
liquor either by constructive or actual delivery by any means or	85268
devices whatever, including the sale of beer or intoxicating	85269
liquor by means of a controlled access alcohol and beverage	85270
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	85271
and "sell" do not include the mere solicitation of orders for beer	85272
or intoxicating liquor from the holders of permits issued by the	85273
division of liquor control authorizing the sale of the beer or	85274
intoxicating liquor, but no solicitor shall solicit any such	85275
orders until the solicitor has been registered with the division	85276
pursuant to section 4303.25 of the Revised Code.	85277

(3) "Vehicle" includes all means of transportation by land,	85278
by water, or by air, and everything made use of in any way for	85279
such transportation.	85280

(B) As used in this chapter:

85281

(1) "Alcohol" means ethyl alcohol, whether rectified or	85282
diluted with water or not, whatever its origin may be, and	85283
includes synthetic ethyl alcohol. "Alcohol" does not include	85284
denatured alcohol and wood alcohol.	85285

(2) "Beer" includes all beverages brewed or fermented wholly	85286
or in part from malt products and containing one-half of one per	85287
cent or more, but not more than twelve per cent, of alcohol by	85288
volume.	85289

(3) "Wine" includes all liquids fit to use for beverage	85290
purposes containing not less than one-half of one per cent of	85291
alcohol by volume and not more than twenty-one per cent of alcohol	85292
by volume, which is made from the fermented juices of grapes,	85293
fruits, or other agricultural products, except that as used in	85294
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	85295
Revised Code, and, for purposes of determining the rate of the tax	85296
that applies, division (B) of section 4301.43 of the Revised Code,	85297
"wine" does not include cider.	85298

(4) "Mixed beverages," ~~such as~~include bottled and prepared	85299
cordials, cocktails, ~~and~~ highballs, and solids and confections	85300
that are ~~products~~ obtained by mixing any type of whiskey, neutral	85301
spirits, brandy, gin, or other distilled spirits with, or over,	85302
carbonated or plain water, pure juices from flowers and plants,	85303
and other flavoring materials. The completed product shall contain	85304
not less than one-half of one per cent of alcohol by volume and	85305
not more than twenty-one per cent of alcohol by volume.	85306

(5) "Spirituous liquor" includes all intoxicating liquors	85307
containing more than twenty-one per cent of alcohol by volume.	85308

(6) "Sealed container" means any container having a capacity	85309
of not more than one hundred twenty-eight fluid ounces, the	85310
opening of which is closed to prevent the entrance of air.	85311

(7) "Person" includes firms and corporations.

85312

(8) "Manufacture" includes all processes by which beer or	85313
intoxicating liquor is produced, whether by distillation,	85314
rectifying, fortifying, blending, fermentation, or brewing, or in	85315
any other manner.	85316

(9) "Manufacturer" means any person engaged in the business	85317
of manufacturing beer or intoxicating liquor.	85318

(10) "Wholesale distributor" and "distributor" means a person	85319
engaged in the business of selling to retail dealers for purposes	85320
of resale.	85321

(11) "Hotel" has the same meaning as in section 3731.01 of	85322
the Revised Code, subject to the exceptions mentioned in section	85323
3731.03 of the Revised Code.	85324

(12) "Restaurant" means a place located in a permanent	85325
building provided with space and accommodations wherein, in	85326
consideration of the payment of money, hot meals are habitually	85327
prepared, sold, and served at noon and evening, as the principal	85328
business of the place. "Restaurant" does not include pharmacies,	85329
confectionery stores, lunch stands, night clubs, and filling	85330
stations.	85331

(13) "Club" means a corporation or association of individuals	85332
organized in good faith for social, recreational, benevolent,	85333
charitable, fraternal, political, patriotic, or athletic purposes,	85334
which is the owner, lessor, or occupant of a permanent building or	85335
part of a permanent building operated solely for those purposes,	85336
membership in which entails the prepayment of regular dues, and	85337
includes the place so operated.	85338

(14) "Night club" means a place operated for profit, where	85339
food is served for consumption on the premises and one or more	85340
forms of amusement are provided or permitted for a consideration	85341
that may be in the form of a cover charge or may be included in	85342
the price of the food and beverages, or both, purchased by	85343
patrons.	85344

(15) "At retail" means for use or consumption by the	85345
purchaser and not for resale.	85346

(16) "Pharmacy" means an establishment, as defined in section	85347
4729.01 of the Revised Code, that is under the management or	85348
control of a licensed pharmacist in accordance with section	85349
4729.27 of the Revised Code.	85350

(17) "Enclosed shopping center" means a group of retail sales	85351
and service business establishments that face into an enclosed	85352
mall, share common ingress, egress, and parking facilities, and	85353
are situated on a tract of land that contains an area of not less	85354
than five hundred thousand square feet. "Enclosed shopping center"	85355
also includes not more than one business establishment that is	85356
located within a free-standing building on such a tract of land,	85357
so long as the sale of beer and intoxicating liquor on the tract	85358
of land was approved in an election held under former section	85359
4301.353 of the Revised Code.	85360

(18) "Controlled access alcohol and beverage cabinet" means a	85361
closed container, either refrigerated, in whole or in part, or	85362
nonrefrigerated, access to the interior of which is restricted by	85363
means of a device that requires the use of a key, magnetic card,	85364
or similar device and from which beer, intoxicating liquor, other	85365
beverages, or food may be sold.	85366

(19) "Community facility" means either of the following:

85367

(a) Any convention, sports, or entertainment facility or	85368
complex, or any combination of these, that is used by or	85369
accessible to the general public and that is owned or operated in	85370
whole or in part by the state, a state agency, or a political	85371
subdivision of the state or that is leased from, or located on	85372
property owned by or leased from, the state, a state agency, a	85373
political subdivision of the state, or a convention facilities	85374
authority created pursuant to section 351.02 of the Revised Code;	85375

(b) An area designated as a community entertainment district	85376
pursuant to section 4301.80 of the Revised Code.	85377

(20) "Low-alcohol beverage" means any brewed or fermented	85378
malt product, or any product made from the fermented juices of	85379
grapes, fruits, or other agricultural products, that contains	85380
either no alcohol or less than one-half of one per cent of alcohol	85381
by volume. The beverages described in division (B)(20) of this	85382
section do not include a soft drink such as root beer, birch beer,	85383
or ginger beer.	85384

(21) "Cider" means all liquids fit to use for beverage	85385
purposes that contain one-half of one per cent of alcohol by	85386
volume, but not more than six per cent of alcohol by weight, and	85387
that are made through the normal alcoholic fermentation of the	85388
juice of sound, ripe apples, including, without limitation,	85389
flavored, sparkling, or carbonated cider and cider made from pure	85390
condensed apple must.	85391

(22) "Sales area or territory" means an exclusive geographic	85392
area or territory that is assigned to a particular A or B permit	85393
holder and that either has one or more political subdivisions as	85394
its boundaries or consists of an area of land with readily	85395
identifiable geographic boundaries. "Sales area or territory" does	85396
not include, however, any particular retail location in an	85397
exclusive geographic area or territory that had been assigned to	85398
another A or B permit holder before April 9, 2001.	85399

Sec. 4301.10. (A) The division of liquor control shall do	85400
all of the following:	85401

(1) Control the traffic in beer and intoxicating liquor in	85402
this state, including the manufacture, importation, and sale of	85403
beer and intoxicating liquor;	85404

(2) Grant or refuse permits for the manufacture,	85405
distribution, transportation, and sale of beer and intoxicating	85406
liquor and the sale of alcohol, as authorized or required by this	85407
chapter and Chapter 4303. of the Revised Code. A certificate,	85408
signed by the superintendent of liquor control and to which is	85409
affixed the official seal of the division, stating that it appears	85410
from the records of the division that no permit has been issued to	85411
the person specified in the certificate, or that a permit, if	85412
issued, has been revoked, canceled, or suspended, shall be	85413
received as prima-facie evidence of the facts recited in the	85414
certificate in any court or before any officer of this state.	85415

(3) Put into operation, manage, and control a system of state	85416
liquor stores for the sale of spirituous liquor at retail and to	85417
holders of permits authorizing the sale of spirituous liquor;	85418
however, the division shall not establish any drive-in state	85419
liquor stores; and by means of those types of stores, and any	85420
manufacturing plants, distributing and bottling plants,	85421
warehouses, and other facilities that it considers expedient,	85422
establish and maintain a state monopoly of the distribution of	85423
spirituous liquor and its sale in packages or containers; and for	85424
that purpose, manufacture, buy, import, possess, and sell	85425
spirituous liquors as provided in this chapter and Chapter 4303.	85426
of the Revised Code, and in the rules promulgated by the	85427
superintendent of liquor control pursuant to those chapters; lease	85428
or in any manner acquire the use of any land or building required	85429
for any of those purposes; purchase any equipment that is	85430
required; and borrow money to carry on its business, and issue,	85431
sign, endorse, and accept notes, checks, and bills of exchange;	85432
but all obligations of the division created under authority of	85433
this division shall be a charge only upon the moneys received by	85434
the division from the sale of spirituous liquor and its other	85435
business transactions in connection with the sale of spirituous	85436
liquor, and shall not be general obligations of the state;	85437

(4) Enforce the administrative provisions of this chapter and	85438
Chapter 4303. of the Revised Code, and the rules and orders of the	85439
liquor control commission and the superintendent relating to the	85440
manufacture, importation, transportation, distribution, and sale	85441
of beer or intoxicating liquor. The attorney general, any	85442
prosecuting attorney, and any prosecuting officer of a municipal	85443
corporation or a municipal court shall, at the request of the	85444
division of liquor control or the department of public safety,	85445
prosecute any person charged with the violation of any provision	85446
in those chapters or of any section of the Revised Code relating	85447
to the manufacture, importation, transportation, distribution, and	85448
sale of beer or intoxicating liquor.	85449

(5) Determine the locations of all state liquor stores and	85450
manufacturing, distributing, and bottling plants required in	85451
connection with those stores, subject to this chapter and Chapter	85452
4303. of the Revised Code;	85453

(6) Conduct inspections of liquor permit premises to	85454
determine compliance with the administrative provisions of this	85455
chapter and Chapter 4303. of the Revised Code and the rules	85456
adopted under those provisions by the liquor control commission.	85457

Except as otherwise provided in division (A)(6) of this	85458
section, those inspections may be conducted only during those	85459
hours in which the permit holder is open for business and only by	85460
authorized agents or employees of the division or by any peace	85461
officer, as defined in section 2935.01 of the Revised Code.	85462
Inspections may be conducted at other hours only to determine	85463
compliance with laws or commission rules that regulate the hours	85464
of sale of beer or intoxicating liquor and only if the	85465
investigator has reasonable cause to believe that those laws or	85466
rules are being violated. Any inspection conducted pursuant to	85467
division (A)(6) of this section is subject to all of the following	85468
requirements:	85469

(a) The only property that may be confiscated is contraband,	85470
as defined in section 2901.01 of the Revised Code, or property	85471
that is otherwise necessary for evidentiary purposes.	85472

(b) A complete inventory of all property confiscated from the	85473
premises shall be given to the permit holder or the permit	85474
holder's agent or employee by the confiscating agent or officer at	85475
the conclusion of the inspection. At that time, the inventory	85476
shall be signed by the confiscating agent or officer, and the	85477
agent or officer shall give the permit holder or the permit	85478
holder's agent or employee the opportunity to sign the inventory.	85479

(c) Inspections conducted pursuant to division (A)(6) of this	85480
section shall be conducted in a reasonable manner. A finding by	85481
any court of competent jurisdiction that an inspection was not	85482
conducted in a reasonable manner in accordance with this section	85483
or any rules adopted by the commission may be considered grounds	85484
for suppression of evidence. A finding by the commission that an	85485
inspection was not conducted in a reasonable manner in accordance	85486
with this section or any rules adopted by it may be considered	85487
grounds for dismissal of the commission case.	85488

If any court of competent jurisdiction finds that property	85489
confiscated as the result of an administrative inspection is not	85490
necessary for evidentiary purposes and is not contraband, as	85491
defined in section 2901.01 of the Revised Code, the court shall	85492
order the immediate return of the confiscated property, provided	85493
that property is not otherwise subject to forfeiture, to the	85494
permit holder. However, the return of this property is not grounds	85495
for dismissal of the case. The commission likewise may order the	85496
return of confiscated property if no criminal prosecution is	85497
pending or anticipated.	85498

(7) Delegate to any of its agents or employees any power of	85499
investigation that the division possesses with respect to the	85500
enforcement of any of the administrative laws relating to beer or	85501
intoxicating liquor, provided that this division does not	85502
authorize the division to designate any agent or employee to serve	85503
as an enforcement agent. The employment and designation of	85504
enforcement agents shall be within the exclusive authority of the	85505
director of public safety pursuant to sections 5502.13 to 5502.19	85506
of the Revised Code.	85507

(8) Collect the following fees:

85508

(a) A biennial fifty-dollar registration fee for each agent,	85509
solicitor, trade marketing professional, or salesperson,	85510
registered pursuant to section 4303.25 of the Revised Code, of a	85511
beer or intoxicating liquor manufacturer, supplier, broker, trade	85512
marketing company, or wholesale distributor doing business in this	85513
state;	85514

(b) A fifty-dollar product registration fee for each new beer	85515
or intoxicating liquor product sold in this state. The product	85516
registration fee also applies to products sold in this state by	85517
B-2a and S permit holders. The product registration fee shall be	85518
accompanied by a copy of the federal label and product approval	85519
for the new product.	85520

(c) An annual three-hundred-dollar supplier registration fee	85521
from each manufacturer or supplier that produces and ships into	85522
this state, or ships into this state, intoxicating liquor or beer,	85523
in addition to an initial application fee of one hundred dollars.	85524
A manufacturer that produces and ships beer or wine into this	85525
state and that holds only an S permit is exempt from the supplier	85526
registration fee. A manufacturer that produces and ships wine into	85527
this state and that holds a B-2a permit shall pay an annual	85528
seventy-six-dollar supplier registration fee. A manufacturer that	85529
produces and ships wine into this state and that does not hold	85530
either an S or a B-2a permit, but that produces less than two	85531
hundred fifty thousand gallons of wine per year and that is	85532
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	85533
annual seventy-six-dollar supplier registration fee. A B-2a or S	85534
permit holder that does not sell its wine to wholesale	85535
distributors of wine in this state and an S permit holder that	85536
does not sell its beer to wholesale distributors of beer in this	85537
state shall not be required to submit to the division territory	85538
designation forms.	85539

Each supplier, agent, solicitor, trade marketing	85540
professional, or salesperson registration issued under this	85541
division shall authorize the person named to carry on the activity	85542
specified in the registration. Each agent, solicitor, trade	85543
marketing professional, or salesperson registration is valid for	85544
two years or for the unexpired portion of a two-year registration	85545
period. Each supplier registration is valid for one year or for	85546
the unexpired portion of a one-year registration period.	85547
Registrations shall end on their respective uniform expiration	85548
date, which shall be designated by the division, and are subject	85549
to suspension, revocation, cancellation, or fine as authorized by	85550
this chapter and Chapter 4303. of the Revised Code.	85551

As used in this division, "trade marketing company" and	85552
"trade marketing professional" have the same meanings as in	85553
section 4301.171 of the Revised Code.	85554

(9) Establish a system of electronic data interchange within	85555
the division and regulate the electronic transfer of information	85556
and funds among persons and governmental entities engaged in the	85557
manufacture, distribution, and retail sale of alcoholic beverages;	85558

(10) Notify all holders of retail permits of the forms of	85559
permissible identification for purposes of division (A) of section	85560
4301.639 of the Revised Code;	85561

(11) Exercise all other powers expressly or by necessary	85562
implication conferred upon the division by this chapter and	85563
Chapter 4303. of the Revised Code, and all powers necessary for	85564
the exercise or discharge of any power, duty, or function	85565
expressly conferred or imposed upon the division by those	85566
chapters.	85567

(B) The division may do all of the following:

85568

(1) Sue, but may be sued only in connection with the	85569
execution of leases of real estate and the purchases and contracts	85570
necessary for the operation of the state liquor stores that are	85571
made under this chapter and Chapter 4303. of the Revised Code;	85572

(2) Enter into leases and contracts of all descriptions and	85573
acquire and transfer title to personal property with regard to the	85574
sale, distribution, and storage of spirituous liquor within the	85575
state;	85576

(3) Terminate at will any lease entered into pursuant to	85577
division (B)(2) of this section upon first giving ninety days'	85578
notice in writing to the lessor of its intention to do so;	85579

(4) Fix the wholesale and retail prices at which the various	85580
classes, varieties, and brands of spirituous liquor shall be sold	85581
by the division. Those retail prices shall be the same at all	85582
state liquor stores, except to the extent that a price	85583
differential is required to collect a county sales tax levied	85584
pursuant to section 5739.021 of the Revised Code and for which tax	85585
the tax commissioner has authorized prepayment pursuant to section	85586
5739.05 of the Revised Code. In fixing selling prices, the	85587
division shall compute an anticipated gross profit at least	85588
sufficient to provide in each calendar year all costs and expenses	85589
of the division and also an adequate working capital reserve for	85590
the division. The gross profit shall not exceed forty per cent of	85591
the retail selling price based on costs of the division, and in	85592
addition the sum required by section 4301.12 of the Revised Code	85593
to be paid into the state treasury. An amount equal to one and	85594
one-half per cent of that gross profit shall be paid into the	85595
statewide treatment and prevention fund created by section 4301.30	85596
of the Revised Code and be appropriated by the general assembly	85597
from the fund to the department of ~~alcohol and drug addiction~~	85598
~~services~~mental health and addiction services as provided in	85599
section 4301.30 of the Revised Code.	85600

On spirituous liquor manufactured in this state from the	85601
juice of grapes or fruits grown in this state, the division shall	85602
compute an anticipated gross profit of not to exceed ten per cent.	85603

The wholesale prices fixed under this division shall be at a	85604
discount of not less than six per cent of the retail selling	85605
prices as determined by the division in accordance with this	85606
section.	85607

(C) The division may approve the expansion or diminution of a	85608
premises to which a liquor permit has been issued and may adopt	85609
standards governing such an expansion or diminution.	85610

Sec. 4301.171. (A) As used in this section:

85611

(1) "Agency store" includes an area that is immediately	85612
adjacent to an agency store if beer and other intoxicating liquor	85613
are sold in the area and if the area and the agency store are	85614
located on the same premises.	85615

(2) "Broker" and "solicitor" have the same meanings as in	85616
rules adopted by the superintendent of liquor control under	85617
section 4303.25 of the Revised Code.	85618

~~(2)~~(3) "Tasting sample" means a small amount of spirituous	85619
liquor that is provided in a serving of not more than a quarter	85620
ounce of spirituous liquor and, if provided, not more than one	85621
ounce of nonalcoholic mixer to an authorized purchaser and that	85622
allows the purchaser to determine, by tasting only, the quality	85623
and character of the beverage.	85624

~~(3)~~(4) "Trade marketing company" means a company that	85625
solicits the purchase of beer and intoxicating liquor and educates	85626
the public about beer and intoxicating liquor.	85627

~~(4)~~(5) "Trade marketing professional" means an individual who	85628
is an employee of, or is under contract with, a trade marketing	85629
company and who has successfully completed a training program	85630
described in section 4301.253 of the Revised Code.	85631

(B) Notwithstanding section 4301.24 of the Revised Code, an	85632
agency store to which a D-8 permit has been issued may allow a	85633
trade marketing professional, broker, or solicitor to offer for	85634
sale tasting samples of spirituous liquor when conducted in	85635
accordance with this section. A tasting sample shall not be sold	85636
for the purpose of general consumption.	85637

(C) Tasting samples of spirituous liquor may be offered for	85638
sale at an agency store by a trade marketing professional, broker,	85639
or solicitor if all of the following apply:	85640

(1) The tasting samples are sold ~~only~~ in the area of the	85641
agency store ~~in which spirituous liquor is sold and that area~~that	85642
is open to the public.	85643

(2) The tasting samples are sold only by the trade marketing	85644
professional, broker, or solicitor.	85645

(3) The spirituous liquor is registered under division (A)(8)	85646
of section 4301.10 of the Revised Code.	85647

(4) Not less than ~~five~~ten business days prior to the sale,	85648
the trade marketing professional, broker, or solicitor has	85649
provided written notice to the division of liquor control of the	85650
date and time of the sampling, and of the type and brand of	85651
spirituous liquor to be sampled at the agency store.	85652

(D) A sale of tasting samples of spirituous liquor is subject	85653
to rules adopted by the superintendent of liquor control or the	85654
liquor control commission.	85655

(E) An offering for sale of tasting samples of spirituous	85656
liquor shall be limited to a period of not more than two hours.	85657

(F) For purposes of offering for sale tasting samples of	85658
spirituous liquor, ana trade marketing professional, broker, or	85659
solicitor shall purchase the spirituous liquor from the agency	85660
store ~~shall purchase the spirituous liquor~~ at the current retail	85661
price. An authorized purchaser shall be charged not less than	85662
fifty cents for each tasting sample of spirituous liquor. ~~However,~~	85663
~~the aggregate amount charged for the sale of tasting samples shall~~	85664
~~be sufficient to cover the wholesale price of the spirituous~~	85665
~~liquor being tasted as that price is fixed under division (B)(4)~~	85666
~~of section 4301.10 of the Revised Code. Of the amount collected~~	85667
~~from the sale of tasting samples of spirituous liquor, the trade~~	85668
~~marketing professional, broker, or solicitor shall reimburse the~~	85669
~~agency store for the amount of the retail price of the spirituous~~	85670
~~liquor.~~ When the sale of tasting samples of spirituous liquor at	85671
an agency store is completed, any bottles of spirituous liquor	85672
used to provide tasting samples that are not empty shall be marked	85673
as "sample" and removed from the agency store by the trade	85674
marketing professional, broker, or solicitor, as applicable.	85675

(G) No trade marketing professional, broker, or solicitor	85676
shall do any of the following:	85677

(1) Advertise the offering for sale of tasting samples of	85678
spirituous liquor other than at the agency store where the tasting	85679
samples will be offered;	85680

(2) Solicit orders or make sales of tasting samples of	85681
spirituous liquor for quantities greater than those specified in	85682
division (G)(3) of this section;	85683

(3) Allow any authorized purchaser to consume more than four	85684
tasting samples of spirituous liquor per day.	85685

(H) The purchase of a tasting sample of spirituous liquor	85686
shall not be contingent upon the purchase of any other product	85687
from an agency store.	85688

(I) No employee of an agency store that allows the sale of	85689
tasting samples of spirituous liquor shall purchase or consume a	85690
tasting sample while on duty.	85691

(J) If an employee of an agency store that allows the sale of	85692
tasting samples of spirituous liquor consumes a tasting sample of	85693
spirituous liquor, the employee shall not perform the employee's	85694
duties and responsibilities at the agency store on the day the	85695
tasting sample is consumed.	85696

(K) No person under twenty-one years of age shall consume a	85697
tasting sample of spirituous liquor.	85698

(L) Not more than ~~five~~three events at which the sale of	85699
tasting samples of spirituous liquor are offered shall occur at an	85700
agency store in a calendar ~~month~~week provided that:	85701

(1) Not more than two events shall occur in the same day; and

85702

(2) There is not less than one hour between the end of one	85703
event and the beginning of the next event.	85704

(M) No trade marketing professional, trade marketing company,	85705
broker, solicitor, owner or operator of an agency store, or an	85706
agent or employee of the owner or operator shall violate this	85707
section or any rules adopted by the superintendent or the	85708
commission for the purposes of this section.	85709

Sec. 4301.30. (A) All fees collected by the division of	85710
liquor control shall be deposited in the state treasury to the	85711
credit of the undivided liquor permit fund, which is hereby	85712
created, at the time prescribed under section 4301.12 of the	85713
Revised Code. Each payment shall be accompanied by a statement	85714
showing separately the amount collected for each class of permits	85715
in each municipal corporation and in each township outside the	85716
limits of any municipal corporation in such township.	85717

(B)(1) An amount equal to forty-five per cent of the fund	85718
shall be paid from the fund into the state liquor regulatory fund,	85719
which is hereby created in the state treasury. The state liquor	85720
regulatory fund shall be used to pay the operating expenses of the	85721
division of liquor control in administering and enforcing Title	85722
XLIII of the Revised Code and the operating expenses of the liquor	85723
control commission. Investment earnings of the fund shall be	85724
credited to the fund.	85725

(2) Whenever, in the judgment of the director of budget and	85726
management, the amount of money that is in the state liquor	85727
regulatory fund is in excess of the amount that is needed to pay	85728
the operating expenses of the division in administering and	85729
enforcing Title XLIII of the Revised Code and the operating	85730
expenses of the commission, the director shall credit the excess	85731
amount to the general revenue fund.	85732

(C) Twenty per cent of the undivided liquor permit fund shall	85733
be paid into the statewide treatment and prevention fund, which is	85734
hereby created in the state treasury. This amount shall be	85735
appropriated by the general assembly, together with an amount	85736
equal to one and one-half per cent of the gross profit of the	85737
division of liquor control derived under division (B)(4) of	85738
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	85739
~~and drug addiction services~~mental health and addiction services.	85740
In planning for the allocation of and in allocating these amounts	85741
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	85742
department ~~of alcohol and drug addiction services~~ shall comply	85743
with the nondiscrimination provisions of Title VI of the Civil	85744
Rights Act of 1964, and any rules adopted under that act.	85745

(D) Thirty-five per cent of the undivided liquor permit fund	85746
shall be distributed by the superintendent of liquor control at	85747
quarterly calendar periods as follows:	85748

(1) To each municipal corporation, the aggregate amount shown	85749
by the statements to have been collected from permits in the	85750
municipal corporation, for the use of the general fund of the	85751
municipal corporation;	85752

(2) To each township, the aggregate amount shown by the	85753
statements to have been collected from permits in its territory,	85754
outside the limits of any municipal corporation located in the	85755
township, for the use of the general fund of the township, or for	85756
fire protection purposes, including buildings and equipment in the	85757
township or in an established fire district within the township,	85758
to the extent that the funds are derived from liquor permits	85759
within the territory comprising such fire district.	85760

(E) For the purpose of the distribution required by this	85761
section, E, H, and D permits covering boats or vessels are deemed	85762
to have been issued in the municipal corporation or township	85763
wherein the owner or operator of the vehicle, boat, vessel, or	85764
dining car equipment to which the permit relates has the owner's	85765
or operator's principal office or place of business within the	85766
state.	85767

(F) If the liquor control commission determines that the	85768
police or other officers of any municipal corporation or township	85769
entitled to share in distributions under this section are refusing	85770
or culpably neglecting to enforce this chapter and Chapter 4303.	85771
of the Revised Code, or the penal laws of this state relating to	85772
the manufacture, importation, transportation, distribution, and	85773
sale of beer and intoxicating liquors, or if the prosecuting	85774
officer of a municipal corporation or a municipal court fails to	85775
comply with the request of the commission authorized by division	85776
(A)(4) of section 4301.10 of the Revised Code, the commission, by	85777
certified mail, may notify the chief executive officer of the	85778
municipal corporation or the board of township trustees of the	85779
township of the failure and require the immediate cooperation of	85780
the responsible officers of the municipal corporation or township	85781
with the division of liquor control in the enforcement of those	85782
chapters and penal laws. Within thirty days after the notice is	85783
served, the commission shall determine whether the requirement has	85784
been complied with. If the commission determines that the	85785
requirement has not been complied with, it may issue an order to	85786
the superintendent to withhold the distributive share of the	85787
municipal corporation or township until further order of the	85788
commission. This action of the commission is reviewable within	85789
thirty days thereafter in the court of common pleas of Franklin	85790
county.	85791

(G) All fees collected by the division of liquor control from	85792
the issuance or renewal of B-2a and S permits, and paid by B-2a	85793
and S permit holders who do not also hold A-2 permits, shall be	85794
deposited in the state treasury to the credit of the state liquor	85795
regulatory fund. Once during each fiscal year, an amount equal to	85796
fifty per cent of the fees collected shall be paid from the state	85797
liquor regulatory fund into the general revenue fund.	85798

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	85799
the Revised Code:	85800

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	85801
fluid ounces.	85802

(2) "Sale" or "sell" includes exchange, barter, gift,	85803
distribution, and, except with respect to A-4 permit holders,	85804
offer for sale.	85805

(B) For the purposes of providing revenues for the support of	85806
the state and encouraging the grape industries in the state, a tax	85807
is hereby levied on the sale or distribution of wine in Ohio,	85808
except for known sacramental purposes, at the rate of thirty cents	85809
per wine gallon for wine containing not less than four per cent of	85810
alcohol by volume and not more than fourteen per cent of alcohol	85811
by volume, ninety-eight cents per wine gallon for wine containing	85812
more than fourteen per cent but not more than twenty-one per cent	85813
of alcohol by volume, one dollar and eight cents per wine gallon	85814
for vermouth, and one dollar and forty-eight cents per wine gallon	85815
for sparkling and carbonated wine and champagne, the tax to be	85816
paid by the holders of A-2 and B-5 permits or by any other person	85817
selling or distributing wine upon which no tax has been paid. From	85818
the tax paid under this section on wine, vermouth, and sparkling	85819
and carbonated wine and champagne, the treasurer of state shall	85820
credit to the Ohio grape industries fund created under section	85821
924.54 of the Revised Code a sum equal to one cent per gallon for	85822
each gallon upon which the tax is paid.	85823

(C) For the purpose of providing revenues for the support of	85824
the state, there is hereby levied a tax on prepared and bottled	85825
highballs, cocktails, cordials, and other mixed beverages at the	85826
rate of one dollar and twenty cents per wine gallon to be paid by	85827
holders of A-4 permits or by any other person selling or	85828
distributing those products upon which no tax has been paid. Only	85829
one sale of the same article shall be used in computing the amount	85830
of tax due. The tax on mixed beverages to be paid by holders of	85831
A-4 permits under this section shall not attach until the	85832
ownership of the mixed beverage is transferred for valuable	85833
consideration to a wholesaler or retailer, and no payment of the	85834
tax shall be required prior to that time.	85835

(D) During the period of July 1, ~~2011~~2013, through June 30,	85836
~~2013~~2015, from the tax paid under this section on wine, vermouth,	85837
and sparkling and carbonated wine and champagne, the treasurer of	85838
state shall credit to the Ohio grape industries fund created under	85839
section 924.54 of the Revised Code a sum equal to two cents per	85840
gallon upon which the tax is paid. The amount credited under this	85841
division is in addition to the amount credited to the Ohio grape	85842
industries fund under division (B) of this section.	85843

(E) For the purpose of providing revenues for the support of	85844
the state, there is hereby levied a tax on cider at the rate of	85845
twenty-four cents per wine gallon to be paid by the holders of A-2	85846
and B-5 permits or by any other person selling or distributing	85847
cider upon which no tax has been paid. Only one sale of the same	85848
article shall be used in computing the amount of the tax due.	85849

Sec. 4301.62. (A) As used in this section:

85850

(1) "Chauffeured limousine" means a vehicle registered under	85851
section 4503.24 of the Revised Code.	85852

(2) "Street," "highway," and "motor vehicle" have the same	85853
meanings as in section 4511.01 of the Revised Code.	85854

(B) No person shall have in the person's possession an opened	85855
container of beer or intoxicating liquor in any of the following	85856
circumstances:	85857

(1) Except as provided in division (C)(1)(e) of this section,	85858
in an agency store;	85859

(2) Except as provided in division (C) of this section, on	85860
the premises of the holder of any permit issued by the division of	85861
liquor control;	85862

(3) In any other public place;

85863

(4) Except as provided in division (D) or (E) of this	85864
section, while operating or being a passenger in or on a motor	85865
vehicle on any street, highway, or other public or private	85866
property open to the public for purposes of vehicular travel or	85867
parking;	85868

(5) Except as provided in division (D) or (E) of this	85869
section, while being in or on a stationary motor vehicle on any	85870
street, highway, or other public or private property open to the	85871
public for purposes of vehicular travel or parking.	85872

(C)(1) A person may have in the person's possession an opened	85873
container of any of the following:	85874

(a) Beer or intoxicating liquor that has been lawfully	85875
purchased for consumption on the premises where bought from the	85876
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	85877
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	85878
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	85879
F-8 permit;	85880

(b) Beer, wine, or mixed beverages served for consumption on	85881
the premises by the holder of an F-3 permit or wine served for	85882
consumption on the premises by the holder of an F-4 or F-6 permit;	85883

(c) Beer or intoxicating liquor consumed on the premises of a	85884
convention facility as provided in section 4303.201 of the Revised	85885
Code;	85886

(d) Beer or intoxicating liquor to be consumed during	85887
tastings and samplings approved by rule of the liquor control	85888
commission;	85889

(e) Spirituous liquor to be consumed for purposes of a	85890
tasting sample, as defined in section 4301.171 of the Revised	85891
Code.	85892

(2) A person may have in the person's possession on an F	85893
liquor permit premises an opened container of beer or intoxicating	85894
liquor that was not purchased from the holder of the F permit if	85895
the premises for which the F permit is issued is a music festival	85896
and the holder of the F permit grants permission for that	85897
possession on the premises during the period for which the F	85898
permit is issued. As used in this division, "music festival" means	85899
a series of outdoor live musical performances, extending for a	85900
period of at least three consecutive days and located on an area	85901
of land of at least forty acres.	85902

(3)(a) A person may have in the person's possession on a D-2	85903
liquor permit premises an opened or unopened container of wine	85904
that was not purchased from the holder of the D-2 permit if the	85905
premises for which the D-2 permit is issued is an outdoor	85906
performing arts center, the person is attending an orchestral	85907
performance, and the holder of the D-2 permit grants permission	85908
for the possession and consumption of wine in certain	85909
predesignated areas of the premises during the period for which	85910
the D-2 permit is issued.	85911

(b) As used in division (C)(3)(a) of this section:

85912

(i) "Orchestral performance" means a concert comprised of a	85913
group of not fewer than forty musicians playing various musical	85914
instruments.	85915

(ii) "Outdoor performing arts center" means an outdoor	85916
performing arts center that is located on not less than one	85917
hundred fifty acres of land and that is open for performances from	85918
the first day of April to the last day of October of each year.	85919

(4) A person may have in the person's possession an opened or	85920
unopened container of beer or intoxicating liquor at an outdoor	85921
location at which the person is attending an orchestral	85922
performance as defined in division (C)(3)(b)(i) of this section if	85923
the person with supervision and control over the performance	85924
grants permission for the possession and consumption of beer or	85925
intoxicating liquor in certain predesignated areas of that outdoor	85926
location.	85927

(5) A person may have in the person's possession on an F-9	85928
liquor permit premises an opened or unopened container of beer or	85929
intoxicating liquor that was not purchased from the holder of the	85930
F-9 permit if the person is attending an orchestral performance	85931
and the holder of the F-9 permit grants permission for the	85932
possession and consumption of beer or intoxicating liquor in	85933
certain predesignated areas of the premises during the period for	85934
which the F-9 permit is issued.	85935

As used in division (C)(5) of this section, "orchestral	85936
performance" has the same meaning as in division (C)(3)(b) of this	85937
section.	85938

(6)(a) A person may have in the person's possession on the	85939
property of an outdoor motorsports facility an opened or unopened	85940
container of beer or intoxicating liquor that was not purchased	85941
from the owner of the facility if both of the following apply:	85942

(i) The person is attending a racing event at the facility;	85943
and	85944

(ii) The owner of the facility grants permission for the	85945
possession and consumption of beer or intoxicating liquor on the	85946
property of the facility.	85947

(b) As used in division (C)(6)(a) of this section:

85948

(i) "Racing event" means a motor vehicle racing event	85949
sanctioned by one or more motor racing sanctioning organizations.	85950

(ii) "Outdoor motorsports facility" means an outdoor	85951
racetrack to which all of the following apply:	85952

(I) It is two and four-tenths miles or more in length.

85953

(II) It is located on two hundred acres or more of land.

85954

(III) The primary business of the owner of the facility is	85955
the hosting and promoting of racing events.	85956

(IV) The holder of a D-1, D-2, or D-3 permit is located on	85957
the property of the facility.	85958

(D) This section does not apply to a person who pays all or a	85959
portion of the fee imposed for the use of a chauffeured limousine	85960
pursuant to a prearranged contract, or the guest of the person,	85961
when all of the following apply:	85962

(1) The person or guest is a passenger in the limousine.

85963

(2) The person or guest is located in the limousine, but is	85964
not occupying a seat in the front compartment of the limousine	85965
where the operator of the limousine is located.	85966

(3) The limousine is located on any street, highway, or other	85967
public or private property open to the public for purposes of	85968
vehicular travel or parking.	85969

(E) An opened bottle of wine that was purchased from the	85970
holder of a permit that authorizes the sale of wine for	85971
consumption on the premises where sold is not an opened container	85972
for the purposes of this section if both of the following apply:	85973

(1) The opened bottle of wine is securely resealed by the	85974
permit holder or an employee of the permit holder before the	85975
bottle is removed from the premises. The bottle shall be secured	85976
in such a manner that it is visibly apparent if the bottle has	85977
been subsequently opened or tampered with.	85978

(2) The opened bottle of wine that is resealed in accordance	85979
with division (E)(1) of this section is stored in the trunk of a	85980
motor vehicle or, if the motor vehicle does not have a trunk,	85981
behind the last upright seat or in an area not normally occupied	85982
by the driver or passengers and not easily accessible by the	85983
driver.	85984

Sec. 4303.181. (A) Permit D-5a may be issued either to the	85985
owner or operator of a hotel or motel that is required to be	85986
licensed under section 3731.03 of the Revised Code, that contains	85987
at least fifty rooms for registered transient guests or is owned	85988
by a state institution of higher education as defined in section	85989
3345.011 of the Revised Code or a private college or university,	85990
and that qualifies under the other requirements of this section,	85991
or to the owner or operator of a restaurant specified under this	85992
section, to sell beer and any intoxicating liquor at retail, only	85993
by the individual drink in glass and from the container, for	85994
consumption on the premises where sold, and to registered guests	85995
in their rooms, which may be sold by means of a controlled access	85996
alcohol and beverage cabinet in accordance with division (B) of	85997
section 4301.21 of the Revised Code; and to sell the same products	85998
in the same manner and amounts not for consumption on the premises	85999
as may be sold by holders of D-1 and D-2 permits. The premises of	86000
the hotel or motel shall include a retail food establishment or a	86001
food service operation licensed pursuant to Chapter 3717. of the	86002
Revised Code that operates as a restaurant for purposes of this	86003
chapter and that is affiliated with the hotel or motel and within	86004
or contiguous to the hotel or motel, and that serves food within	86005
the hotel or motel, but the principal business of the owner or	86006
operator of the hotel or motel shall be the accommodation of	86007
transient guests. In addition to the privileges authorized in this	86008
division, the holder of a D-5a permit may exercise the same	86009
privileges as the holder of a D-5 permit.	86010

The owner or operator of a hotel, motel, or restaurant who	86011
qualified for and held a D-5a permit on August 4, 1976, may, if	86012
the owner or operator held another permit before holding a D-5a	86013
permit, either retain a D-5a permit or apply for the permit	86014
formerly held, and the division of liquor control shall issue the	86015
permit for which the owner or operator applies and formerly held,	86016
notwithstanding any quota.	86017

A D-5a permit shall not be transferred to another location.	86018
No quota restriction shall be placed on the number of D-5a permits	86019
that may be issued.	86020

The fee for this permit is two thousand three hundred	86021
forty-four dollars.	86022

(B) Permit D-5b may be issued to the owner, operator, tenant,	86023
lessee, or occupant of an enclosed shopping center to sell beer	86024
and intoxicating liquor at retail, only by the individual drink in	86025
glass and from the container, for consumption on the premises	86026
where sold; and to sell the same products in the same manner and	86027
amount not for consumption on the premises as may be sold by	86028
holders of D-1 and D-2 permits. In addition to the privileges	86029
authorized in this division, the holder of a D-5b permit may	86030
exercise the same privileges as a holder of a D-5 permit.	86031

A D-5b permit shall not be transferred to another location.

86032

One D-5b permit may be issued at an enclosed shopping center	86033
containing at least two hundred twenty-five thousand, but less	86034
than four hundred thousand, square feet of floor area.	86035

Two D-5b permits may be issued at an enclosed shopping center	86036
containing at least four hundred thousand square feet of floor	86037
area. No more than one D-5b permit may be issued at an enclosed	86038
shopping center for each additional two hundred thousand square	86039
feet of floor area or fraction of that floor area, up to a maximum	86040
of five D-5b permits for each enclosed shopping center. The number	86041
of D-5b permits that may be issued at an enclosed shopping center	86042
shall be determined by subtracting the number of D-3 and D-5	86043
permits issued in the enclosed shopping center from the number of	86044
D-5b permits that otherwise may be issued at the enclosed shopping	86045
center under the formulas provided in this division. Except as	86046
provided in this section, no quota shall be placed on the number	86047
of D-5b permits that may be issued. Notwithstanding any quota	86048
provided in this section, the holder of any D-5b permit first	86049
issued in accordance with this section is entitled to its renewal	86050
in accordance with section 4303.271 of the Revised Code.	86051

The holder of a D-5b permit issued before April 4, 1984,	86052
whose tenancy is terminated for a cause other than nonpayment of	86053
rent, may return the D-5b permit to the division of liquor	86054
control, and the division shall cancel that permit. Upon	86055
cancellation of that permit and upon the permit holder's payment	86056
of taxes, contributions, premiums, assessments, and other debts	86057
owing or accrued upon the date of cancellation to this state and	86058
its political subdivisions and a filing with the division of a	86059
certification of that payment, the division shall issue to that	86060
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	86061
that person requests. The division shall issue the D-5 permit, or	86062
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	86063
D-3, or D-5 permits currently issued in the municipal corporation	86064
or in the unincorporated area of the township where that person's	86065
proposed premises is located equals or exceeds the maximum number	86066
of such permits that can be issued in that municipal corporation	86067
or in the unincorporated area of that township under the	86068
population quota restrictions contained in section 4303.29 of the	86069
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	86070
be transferred to another location. If a D-5b permit is canceled	86071
under the provisions of this paragraph, the number of D-5b permits	86072
that may be issued at the enclosed shopping center for which the	86073
D-5b permit was issued, under the formula provided in this	86074
division, shall be reduced by one if the enclosed shopping center	86075
was entitled to more than one D-5b permit under the formula.	86076

The fee for this permit is two thousand three hundred	86077
forty-four dollars.	86078

(C) Permit D-5c may be issued to the owner or operator of a	86079
retail food establishment or a food service operation licensed	86080
pursuant to Chapter 3717. of the Revised Code that operates as a	86081
restaurant for purposes of this chapter and that qualifies under	86082
the other requirements of this section to sell beer and any	86083
intoxicating liquor at retail, only by the individual drink in	86084
glass and from the container, for consumption on the premises	86085
where sold, and to sell the same products in the same manner and	86086
amounts not for consumption on the premises as may be sold by	86087
holders of D-1 and D-2 permits. In addition to the privileges	86088
authorized in this division, the holder of a D-5c permit may	86089
exercise the same privileges as the holder of a D-5 permit.	86090

To qualify for a D-5c permit, the owner or operator of a	86091
retail food establishment or a food service operation licensed	86092
pursuant to Chapter 3717. of the Revised Code that operates as a	86093
restaurant for purposes of this chapter, shall have operated the	86094
restaurant at the proposed premises for not less than twenty-four	86095
consecutive months immediately preceding the filing of the	86096
application for the permit, have applied for a D-5 permit no later	86097
than December 31, 1988, and appear on the division's quota waiting	86098
list for not less than six months immediately preceding the filing	86099
of the application for the permit. In addition to these	86100
requirements, the proposed D-5c permit premises shall be located	86101
within a municipal corporation and further within an election	86102
precinct that, at the time of the application, has no more than	86103
twenty-five per cent of its total land area zoned for residential	86104
use.	86105

A D-5c permit shall not be transferred to another location.	86106
No quota restriction shall be placed on the number of such permits	86107
that may be issued.	86108

Any person who has held a D-5c permit for at least two years	86109
may apply for a D-5 permit, and the division of liquor control	86110
shall issue the D-5 permit notwithstanding the quota restrictions	86111
contained in section 4303.29 of the Revised Code or in any rule of	86112
the liquor control commission.	86113

The fee for this permit is one thousand five hundred	86114
sixty-three dollars.	86115

(D) Permit D-5d may be issued to the owner or operator of a	86116
retail food establishment or a food service operation licensed	86117
pursuant to Chapter 3717. of the Revised Code that operates as a	86118
restaurant for purposes of this chapter and that is located at an	86119
airport operated by a board of county commissioners pursuant to	86120
section 307.20 of the Revised Code, at an airport operated by a	86121
port authority pursuant to Chapter 4582. of the Revised Code, or	86122
at an airport operated by a regional airport authority pursuant to	86123
Chapter 308. of the Revised Code. The holder of a D-5d permit may	86124
sell beer and any intoxicating liquor at retail, only by the	86125
individual drink in glass and from the container, for consumption	86126
on the premises where sold, and may sell the same products in the	86127
same manner and amounts not for consumption on the premises where	86128
sold as may be sold by the holders of D-1 and D-2 permits. In	86129
addition to the privileges authorized in this division, the holder	86130
of a D-5d permit may exercise the same privileges as the holder of	86131
a D-5 permit.	86132

A D-5d permit shall not be transferred to another location.	86133
No quota restrictions shall be placed on the number of such	86134
permits that may be issued.	86135

The fee for this permit is two thousand three hundred	86136
forty-four dollars.	86137

(E) Permit D-5e may be issued to any nonprofit organization	86138
that is exempt from federal income taxation under the "Internal	86139
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	86140
amended, or that is a charitable organization under any chapter of	86141
the Revised Code, and that owns or operates a riverboat that meets	86142
all of the following:	86143

(1) Is permanently docked at one location;

86144

(2) Is designated as an historical riverboat by the Ohio	86145
historical society;	86146

(3) Contains not less than fifteen hundred square feet of	86147
floor area;	86148

(4) Has a seating capacity of fifty or more persons.

86149

The holder of a D-5e permit may sell beer and intoxicating	86150
liquor at retail, only by the individual drink in glass and from	86151
the container, for consumption on the premises where sold.	86152

A D-5e permit shall not be transferred to another location.	86153
No quota restriction shall be placed on the number of such permits	86154
that may be issued. The population quota restrictions contained in	86155
section 4303.29 of the Revised Code or in any rule of the liquor	86156
control commission shall not apply to this division, and the	86157
division shall issue a D-5e permit to any applicant who meets the	86158
requirements of this division. However, the division shall not	86159
issue a D-5e permit if the permit premises or proposed permit	86160
premises are located within an area in which the sale of	86161
spirituous liquor by the glass is prohibited.	86162

The fee for this permit is one thousand two hundred nineteen	86163
dollars.	86164

(F) Permit D-5f may be issued to the owner or operator of a	86165
retail food establishment or a food service operation licensed	86166
under Chapter 3717. of the Revised Code that operates as a	86167
restaurant for purposes of this chapter and that meets all of the	86168
following:	86169

(1) It contains not less than twenty-five hundred square feet	86170
of floor area.	86171

(2) It is located on or in, or immediately adjacent to, the	86172
shoreline of, a navigable river.	86173

(3) It provides docking space for twenty-five boats.

86174

(4) It provides entertainment and recreation, provided that	86175
not less than fifty per cent of the business on the permit	86176
premises shall be preparing and serving meals for a consideration.	86177

In addition, each application for a D-5f permit shall be	86178
accompanied by a certification from the local legislative	86179
authority that the issuance of the D-5f permit is not inconsistent	86180
with that political subdivision's comprehensive development plan	86181
or other economic development goal as officially established by	86182
the local legislative authority.	86183

The holder of a D-5f permit may sell beer and intoxicating	86184
liquor at retail, only by the individual drink in glass and from	86185
the container, for consumption on the premises where sold.	86186

A D-5f permit shall not be transferred to another location.

86187

The division of liquor control shall not issue a D-5f permit	86188
if the permit premises or proposed permit premises are located	86189
within an area in which the sale of spirituous liquor by the glass	86190
is prohibited.	86191

A fee for this permit is two thousand three hundred	86192
forty-four dollars.	86193

As used in this division, "navigable river" means a river	86194
that is also a "navigable water" as defined in the "Federal Power	86195
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	86196

(G) Permit D-5g may be issued to a nonprofit corporation that	86197
is either the owner or the operator of a national professional	86198
sports museum. The holder of a D-5g permit may sell beer and any	86199
intoxicating liquor at retail, only by the individual drink in	86200
glass and from the container, for consumption on the premises	86201
where sold. The holder of a D-5g permit shall sell no beer or	86202
intoxicating liquor for consumption on the premises where sold	86203
after two-thirty a.m. A D-5g permit shall not be transferred to	86204
another location. No quota restrictions shall be placed on the	86205
number of D-5g permits that may be issued. The fee for this permit	86206
is one thousand eight hundred seventy-five dollars.	86207

(H)(1) Permit D-5h may be issued to any nonprofit	86208
organization that is exempt from federal income taxation under the	86209
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	86210
501(c)(3), as amended, that owns or operates any of the following:	86211

(a) A fine arts museum, provided that the nonprofit	86212
organization has no less than one thousand five hundred bona fide	86213
members possessing full membership privileges;	86214

(b) A community arts center. As used in division (H)(1)(b) of	86215
this section, "community arts center" means a facility that	86216
provides arts programming to the community in more than one arts	86217
discipline, including, but not limited to, exhibits of works of	86218
art and performances by both professional and amateur artists.	86219

(c) A community theater, provided that the nonprofit	86220
organization is a member of the Ohio arts council and the American	86221
community theatre association and has been in existence for not	86222
less than ten years. As used in division (H)(1)(c) of this	86223
section, "community theater" means a facility that contains at	86224
least one hundred fifty seats and has a primary function of	86225
presenting live theatrical performances and providing recreational	86226
opportunities to the community.	86227

(2) The holder of a D-5h permit may sell beer and any	86228
intoxicating liquor at retail, only by the individual drink in	86229
glass and from the container, for consumption on the premises	86230
where sold. The holder of a D-5h permit shall sell no beer or	86231
intoxicating liquor for consumption on the premises where sold	86232
after one a.m. A D-5h permit shall not be transferred to another	86233
location. No quota restrictions shall be placed on the number of	86234
D-5h permits that may be issued.	86235

(3) The fee for a D-5h permit is one thousand eight hundred	86236
seventy-five dollars.	86237

(I) Permit D-5i may be issued to the owner or operator of a	86238
retail food establishment or a food service operation licensed	86239
under Chapter 3717. of the Revised Code that operates as a	86240
restaurant for purposes of this chapter and that meets all of the	86241
following requirements:	86242

(1) It is located in a municipal corporation or a township	86243
with a population of one hundred thousand or less.	86244

(2) It has inside seating capacity for at least one hundred	86245
forty persons.	86246

(3) It has at least four thousand square feet of floor area.

86247

(4) It offers full-course meals, appetizers, and sandwiches.

86248

(5) Its receipts from beer and liquor sales, excluding wine	86249
sales, do not exceed twenty-five per cent of its total gross	86250
receipts.	86251

(6) It has at least one of the following characteristics:

86252

(a) The value of its real and personal property exceeds seven	86253
hundred twenty-five thousand dollars.	86254

(b) It is located on property that is owned or leased by the	86255
state or a state agency, and its owner or operator has	86256
authorization from the state or the state agency that owns or	86257
leases the property to obtain a D-5i permit.	86258

The holder of a D-5i permit may sell beer and any	86259
intoxicating liquor at retail, only by the individual drink in	86260
glass and from the container, for consumption on the premises	86261
where sold, and may sell the same products in the same manner and	86262
amounts not for consumption on the premises where sold as may be	86263
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	86264
permit shall sell no beer or intoxicating liquor for consumption	86265
on the premises where sold after two-thirty a.m. In addition to	86266
the privileges authorized in this division, the holder of a D-5i	86267
permit may exercise the same privileges as the holder of a D-5	86268
permit.	86269

A D-5i permit shall not be transferred to another location.	86270
The division of liquor control shall not renew a D-5i permit	86271
unless the retail food establishment or food service operation for	86272
which it is issued continues to meet the requirements described in	86273
divisions (I)(1) to (6) of this section. No quota restrictions	86274
shall be placed on the number of D-5i permits that may be issued.	86275
The fee for the D-5i permit is two thousand three hundred	86276
forty-four dollars.	86277

(J) Permit D-5j may be issued to the owner or the operator of	86278
a retail food establishment or a food service operation licensed	86279
under Chapter 3717. of the Revised Code to sell beer and	86280
intoxicating liquor at retail, only by the individual drink in	86281
glass and from the container, for consumption on the premises	86282
where sold and to sell beer and intoxicating liquor in the same	86283
manner and amounts not for consumption on the premises where sold	86284
as may be sold by the holders of D-1 and D-2 permits. The holder	86285
of a D-5j permit may exercise the same privileges, and shall	86286
observe the same hours of operation, as the holder of a D-5	86287
permit.	86288

The D-5j permit shall be issued only within a community	86289
entertainment district that is designated under section 4301.80 of	86290
the Revised Code and that meets one of the following	86291
qualifications:	86292

(1) It is located in a municipal corporation with a	86293
population of at least one hundred thousand.	86294

(2) It is located in a municipal corporation with a	86295
population of at least twenty thousand, and either of the	86296
following applies:	86297

(a) It contains an amusement park the rides of which have	86298
been issued a permit by the department of agriculture under	86299
Chapter 1711. of the Revised Code.	86300

(b) Not less than fifty million dollars will be invested in	86301
development and construction in the community entertainment	86302
district's area located in the municipal corporation.	86303

(3) It is located in a township with a population of at least	86304
forty thousand.	86305

(4) It is located in a township with a population of at least	86306
twenty thousand, and not less than seventy million dollars will be	86307
invested in development and construction in the community	86308
entertainment district's area located in the township.	86309

(5) It is located in a municipal corporation with a	86310
population between ten thousand and twenty thousand, and both of	86311
the following apply:	86312

(a) The municipal corporation was incorporated as a village	86313
prior to calendar year ~~1840~~1860 and currently has a historic	86314
downtown business district.	86315

(b) The municipal corporation is located in the same county	86316
as another municipal corporation with at least one community	86317
entertainment district.	86318

(6) It is located in a municipal corporation with a	86319
population of at least ten thousand, and not less than seventy	86320
million dollars will be invested in development and construction	86321
in the community entertainment district's area located in the	86322
municipal corporation.	86323

(7) It is located in a municipal corporation with a	86324
population of at least five thousand, and not less than one	86325
hundred million dollars will be invested in development and	86326
construction in the community entertainment district's area	86327
located in the municipal corporation.	86328

The location of a D-5j permit may be transferred only within	86329
the geographic boundaries of the community entertainment district	86330
in which it was issued and shall not be transferred outside the	86331
geographic boundaries of that district.	86332

Not more than one D-5j permit shall be issued within each	86333
community entertainment district for each five acres of land	86334
located within the district. Not more than fifteen D-5j permits	86335
may be issued within a single community entertainment district.	86336
Except as otherwise provided in division (J)(4) of this section,	86337
no quota restrictions shall be placed upon the number of D-5j	86338
permits that may be issued.	86339

The fee for a D-5j permit is two thousand three hundred	86340
forty-four dollars.	86341

(K)(1) Permit D-5k may be issued to any nonprofit	86342
organization that is exempt from federal income taxation under the	86343
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	86344
501(c)(3), as amended, that is the owner or operator of a	86345
botanical garden recognized by the American association of	86346
botanical gardens and arboreta, and that has not less than	86347
twenty-five hundred bona fide members.	86348

(2) The holder of a D-5k permit may sell beer and any	86349
intoxicating liquor at retail, only by the individual drink in	86350
glass and from the container, on the premises where sold.	86351

(3) The holder of a D-5k permit shall sell no beer or	86352
intoxicating liquor for consumption on the premises where sold	86353
after one a.m.	86354

(4) A D-5k permit shall not be transferred to another	86355
location.	86356

(5) No quota restrictions shall be placed on the number of	86357
D-5k permits that may be issued.	86358

(6) The fee for the D-5k permit is one thousand eight hundred	86359
seventy-five dollars.	86360

(L)(1) Permit D-5l may be issued to the owner or the operator	86361
of a retail food establishment or a food service operation	86362
licensed under Chapter 3717. of the Revised Code to sell beer and	86363
intoxicating liquor at retail, only by the individual drink in	86364
glass and from the container, for consumption on the premises	86365
where sold and to sell beer and intoxicating liquor in the same	86366
manner and amounts not for consumption on the premises where sold	86367
as may be sold by the holders of D-1 and D-2 permits. The holder	86368
of a D-5l permit may exercise the same privileges, and shall	86369
observe the same hours of operation, as the holder of a D-5	86370
permit.	86371

(2) The D-5l permit shall be issued only to a premises to	86372
which all of the following apply:	86373

(a) The premises has gross annual receipts from the sale of	86374
food and meals that constitute not less than seventy-five per cent	86375
of its total gross annual receipts.	86376

(b) The premises is located within a revitalization district	86377
that is designated under section 4301.81 of the Revised Code.	86378

(c) The premises is located in a municipal corporation or	86379
township in which the number of D-5 permits issued equals or	86380
exceeds the number of those permits that may be issued in that	86381
municipal corporation or township under section 4303.29 of the	86382
Revised Code.	86383

(d) The premises meets any of the following qualifications:

86384

(i) It is located in a county with a population of one	86385
hundred twenty-five thousand or less according to the population	86386
estimates certified by the development services agency for	86387
calendar year 2006.	86388

(ii) It is located in the municipal corporation that has the	86389
largest population in a county when the county has a population	86390
between two hundred fifteen thousand and two hundred twenty-five	86391
thousand according to the population estimates certified by the	86392
development services agency for calendar year 2006. Division	86393
(L)(2)(d)(ii) of this section applies only to a municipal	86394
corporation that is wholly located in a county.	86395

(iii) It is located in the municipal corporation that has the	86396
largest population in a county when the county has a population	86397
between one hundred forty thousand and one hundred forty-one	86398
thousand according to the population estimates certified by the	86399
development services agency for calendar year 2006. Division	86400
(L)(2)(d)(iii) of this section applies only to a municipal	86401
corporation that is wholly located in a county.	86402

(3) The location of a D-5l permit may be transferred only	86403
within the geographic boundaries of the revitalization district in	86404
which it was issued and shall not be transferred outside the	86405
geographic boundaries of that district.	86406

(4) Not more than one D-5l permit shall be issued within each	86407
revitalization district for each five acres of land located within	86408
the district. Not more than fifteen D-5l permits may be issued	86409
within a single revitalization district. Except as otherwise	86410
provided in division (L)(4) of this section, no quota restrictions	86411
shall be placed upon the number of D-5l permits that may be	86412
issued.	86413

(5) No D-5l permit shall be issued to an adult entertainment	86414
establishment as defined in section 2907.39 of the Revised Code.	86415

(6) The fee for a D-5l permit is two thousand three hundred	86416
forty-four dollars.	86417

(M) Permit D-5m may be issued to either the owner or the	86418
operator of a retail food establishment or food service operation	86419
licensed under Chapter 3717. of the Revised Code that operates as	86420
a restaurant for purposes of this chapter and that is located in,	86421
or affiliated with, a center for the preservation of wild animals	86422
as defined in section 4301.404 of the Revised Code, to sell beer	86423
and any intoxicating liquor at retail, only by the glass and from	86424
the container, for consumption on the premises where sold, and to	86425
sell the same products in the same manner and amounts not for	86426
consumption on the premises as may be sold by the holders of D-1	86427
and D-2 permits. In addition to the privileges authorized by this	86428
division, the holder of a D-5m permit may exercise the same	86429
privileges as the holder of a D-5 permit.	86430

A D-5m permit shall not be transferred to another location.	86431
No quota restrictions shall be placed on the number of D-5m	86432
permits that may be issued. The fee for a permit D-5m is two	86433
thousand three hundred forty-four dollars.	86434

(N) Permit D-5n shall be issued to either a casino operator	86435
or a casino management company licensed under Chapter 3772. of the	86436
Revised Code that operates a casino facility under that chapter,	86437
to sell beer and any intoxicating liquor at retail, only by the	86438
individual drink in glass and from the container, for consumption	86439
on the premises where sold, and to sell the same products in the	86440
same manner and amounts not for consumption on the premises as may	86441
be sold by the holders of D-1 and D-2 permits. In addition to the	86442
privileges authorized by this division, the holder of a D-5n	86443
permit may exercise the same privileges as the holder of a D-5	86444
permit. A D-5n permit shall not be transferred to another	86445
location. Only one D-5n permit may be issued per casino facility	86446
and not more than four D-5n permits shall be issued in this state.	86447
The fee for a permit D-5n shall be twenty thousand dollars. The	86448
holder of a D-5n permit may conduct casino gaming on the permit	86449
premises notwithstanding any provision of the Revised Code or	86450
Administrative Code.	86451

(O) Permit D-5o may be issued to the owner or operator of a	86452
retail food establishment or a food service operation licensed	86453
under Chapter 3717. of the Revised Code that operates as a	86454
restaurant for purposes of this chapter and that is located within	86455
a casino facility for which a D-5n permit has been issued. The	86456
holder of a D-5o permit may sell beer and any intoxicating liquor	86457
at retail, only by the individual drink in glass and from the	86458
container, for consumption on the premises where sold, and may	86459
sell the same products in the same manner and amounts not for	86460
consumption on the premises where sold as may be sold by the	86461
holders of D-1 and D-2 permits. In addition to the privileges	86462
authorized by this division, the holder of a D-5o permit may	86463
exercise the same privileges as the holder of a D-5 permit. A D-5o	86464
permit shall not be transferred to another location. No quota	86465
restrictions shall be placed on the number of such permits that	86466
may be issued. The fee for this permit is two thousand three	86467
hundred forty-four dollars.	86468

(P) Permit D-5p may be issued to the owner or operator of a	86469
retail food establishment or a food service operation licensed	86470
under Chapter 3717. of the Revised Code that operates as a	86471
restaurant for purposes of this chapter and that is located within	86472
a park district. The holder of a D-5p permit may sell beer and any	86473
intoxicating liquor at retail, only by the individual drink in	86474
glass and from the container, for consumption on the premises	86475
where sold, and may sell the same products in the same manner and	86476
amounts not for consumption on the premises where sold as may be	86477
sold by the holders of D-1 and D-2 permits. In addition to the	86478
privileges authorized by this division, the holder of a D-5p	86479
permit may exercise the same privileges as the holder of a D-5	86480
permit. A D-5p permit shall not be transferred to another	86481
location. No quota restrictions shall be placed on the number of	86482
such permits that may be issued. The fee for a D-5p permit is two	86483
thousand three hundred forty-four dollars.	86484

As used in this division, "park district" means a park	86485
district that is created under Chapter 1545. of the Revised Code	86486
consisting of not less than twenty-two thousand acres of land, a	86487
portion of which is adjacent to Lake Erie.	86488

Sec. 4305.131. (A) If any permit holder fails to pay the	86489
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	86490
the Revised Code in the manner prescribed by section 4303.33 of	86491
the Revised Code, or by section 4301.421 or 4301.424 of the	86492
Revised Code in the manner prescribed in section 4301.422 of the	86493
Revised Code, and by the rules of the tax commissioner, the	86494
commissioner may make an assessment against the permit holder	86495
based upon any information in the commissioner's possession.	86496

No assessment shall be made against any permit holder for any	86497
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	86498
4301.432, or 4305.01 of the Revised Code more than three years	86499
after the last day of the calendar month in which the sale was	86500
made or more than three years after the return for that period is	86501
filed, whichever is later. This section does not bar an assessment	86502
against any permit holder or registrant as provided in section	86503
4303.331 of the Revised Code who fails to file a return as	86504
required by section 4301.422 or 4303.33 of the Revised Code, or	86505
who files a fraudulent return.	86506

A penalty of up to thirty per cent may be added to the amount	86507
of every assessment made under this section. The commissioner may	86508
adopt rules providing for the imposition and remission of	86509
penalties added to assessments made under this section.	86510

The commissioner shall give the party assessed written notice	86511
of the assessment in the manner provided in section 5703.37 of the	86512
Revised Code. With the notice, the commissioner shall provide	86513
instructions on how to petition for reassessment and request a	86514
hearing on the petition.	86515

(B) Unless the party assessed files with the tax commissioner	86516
within sixty days after service of the notice of assessment,	86517
either personally or by certified mail, a written petition for	86518
reassessment, signed by the party assessed or that party's	86519
authorized agent having knowledge of the facts, the assessment	86520
becomes final and the amount of the assessment is due and payable	86521
from the party assessed to the treasurer of state. The petition	86522
shall indicate the objections of the party assessed, but	86523
additional objections may be raised in writing if received by the	86524
commissioner prior to the date shown on the final determination.	86525
If the petition has been properly filed, the commissioner shall	86526
proceed under section 5703.60 of the Revised Code.	86527

(C) After an assessment becomes final, if any portion of the	86528
assessment remains unpaid, including accrued interest, a certified	86529
copy of the tax commissioner's entry making the assessment final	86530
may be filed in the office of the clerk of the court of common	86531
pleas in the county in which the permit holder's place of business	86532
is located or the county in which the party assessed resides. If	86533
the party assessed maintains no place of business in this state	86534
and is not a resident of this state, the certified copy of the	86535
entry may be filed in the office of the clerk of the court of	86536
common pleas of Franklin county.	86537

Immediately upon the filing of the entry, the clerk shall	86538
enter a judgment for the state against the party assessed in the	86539
amount shown on the entry. The judgment may be filed by the clerk	86540
in a loose-leaf book entitled "special judgments for state beer	86541
and liquor sales taxes," and shall have the same effect as other	86542
judgments. Execution shall issue upon the judgment upon the	86543
request of the commissioner, and all laws applicable to sales on	86544
execution shall apply to sales made under the judgment, except as	86545
otherwise provided in this chapter and Chapters 4301. and 4307. of	86546
the Revised Code.	86547

~~The portion of~~If the assessment is not paid in its entirety	86548
within sixty days after the day the assessment was issued, the	86549
portion of the assessment consisting of tax due shall bear	86550
interest at the rate per annum prescribed by section 5703.47 of	86551
the Revised Code from the day the commissioner issues the	86552
assessment until it is paid or until it is certified to the	86553
attorney general for collection under section 131.02 of the	86554
Revised Code, whichever comes first. If the unpaid portion of the	86555
assessment is certified to the attorney general for collection,	86556
the entire unpaid portion of the assessment shall bear interest at	86557
the rate per annum prescribed by section 5703.47 of the Revised	86558
Code from the date of certification until the date it is paid in	86559
its entirety. Interest shall be paid in the same manner as the tax	86560
and may be collected by the issuance of an assessment under this	86561
section.	86562

(D) All money collected under this section shall be	86563
considered as revenue arising from the taxes imposed by sections	86564
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	86565
Revised Code.	86566

Sec. 4501.01. As used in this chapter and Chapters 4503.,	86567
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	86568
Revised Code, and in the penal laws, except as otherwise provided:	86569

(A) "Vehicles" means everything on wheels or runners,	86570
including motorized bicycles, but does not mean electric personal	86571
assistive mobility devices, vehicles that are operated exclusively	86572
on rails or tracks or from overhead electric trolley wires, and	86573
vehicles that belong to any police department, municipal fire	86574
department, or volunteer fire department, or that are used by such	86575
a department in the discharge of its functions.	86576

(B) "Motor vehicle" means any vehicle, including mobile homes	86577
and recreational vehicles, that is propelled or drawn by power	86578
other than muscular power or power collected from overhead	86579
electric trolley wires. "Motor vehicle" does not include utility	86580
vehicles as defined in division (VV) of this section, motorized	86581
bicycles, road rollers, traction engines, power shovels, power	86582
cranes, and other equipment used in construction work and not	86583
designed for or employed in general highway transportation,	86584
well-drilling machinery, ditch-digging machinery, farm machinery,	86585
and trailers that are designed and used exclusively to transport a	86586
boat between a place of storage and a marina, or in and around a	86587
marina, when drawn or towed on a public road or highway for a	86588
distance of no more than ten miles and at a speed of twenty-five	86589
miles per hour or less.	86590

(C) "Agricultural tractor" and "traction engine" mean any	86591
self-propelling vehicle that is designed or used for drawing other	86592
vehicles or wheeled machinery, but has no provisions for carrying	86593
loads independently of such other vehicles, and that is used	86594
principally for agricultural purposes.	86595

(D) "Commercial tractor," except as defined in division (C)	86596
of this section, means any motor vehicle that has motive power and	86597
either is designed or used for drawing other motor vehicles, or is	86598
designed or used for drawing another motor vehicle while carrying	86599
a portion of the other motor vehicle or its load, or both.	86600

(E) "Passenger car" means any motor vehicle that is designed	86601
and used for carrying not more than nine persons and includes any	86602
motor vehicle that is designed and used for carrying not more than	86603
fifteen persons in a ridesharing arrangement.	86604

(F) "Collector's vehicle" means any motor vehicle or	86605
agricultural tractor or traction engine that is of special	86606
interest, that has a fair market value of one hundred dollars or	86607
more, whether operable or not, and that is owned, operated,	86608
collected, preserved, restored, maintained, or used essentially as	86609
a collector's item, leisure pursuit, or investment, but not as the	86610
owner's principal means of transportation. "Licensed collector's	86611
vehicle" means a collector's vehicle, other than an agricultural	86612
tractor or traction engine, that displays current, valid license	86613
tags issued under section 4503.45 of the Revised Code, or a	86614
similar type of motor vehicle that displays current, valid license	86615
tags issued under substantially equivalent provisions in the laws	86616
of other states.	86617

(G) "Historical motor vehicle" means any motor vehicle that	86618
is over twenty-five years old and is owned solely as a collector's	86619
item and for participation in club activities, exhibitions, tours,	86620
parades, and similar uses, but that in no event is used for	86621
general transportation.	86622

(H) "Noncommercial motor vehicle" means any motor vehicle,	86623
including a farm truck as defined in section 4503.04 of the	86624
Revised Code, that is designed by the manufacturer to carry a load	86625
of no more than one ton and is used exclusively for purposes other	86626
than engaging in business for profit.	86627

(I) "Bus" means any motor vehicle that has motor power and is	86628
designed and used for carrying more than nine passengers, except	86629
any motor vehicle that is designed and used for carrying not more	86630
than fifteen passengers in a ridesharing arrangement.	86631

(J) "Commercial car" or "truck" means any motor vehicle that	86632
has motor power and is designed and used for carrying merchandise	86633
or freight, or that is used as a commercial tractor.	86634

(K) "Bicycle" means every device, other than a device that is	86635
designed solely for use as a play vehicle by a child, that is	86636
propelled solely by human power upon which a person may ride, and	86637
that has two or more wheels, any of which is more than fourteen	86638
inches in diameter.	86639

(L) "Motorized bicycle" means any vehicle that either has two	86640
tandem wheels or one wheel in the front and two wheels in the	86641
rear, that is capable of being pedaled, and that is equipped with	86642
a helper motor of not more than fifty cubic centimeters piston	86643
displacement that produces no more than one brake horsepower and	86644
is capable of propelling the vehicle at a speed of no greater than	86645
twenty miles per hour on a level surface.	86646

(M) "Trailer" means any vehicle without motive power that is	86647
designed or used for carrying property or persons wholly on its	86648
own structure and for being drawn by a motor vehicle, and includes	86649
any such vehicle that is formed by or operated as a combination of	86650
a semitrailer and a vehicle of the dolly type such as that	86651
commonly known as a trailer dolly, a vehicle used to transport	86652
agricultural produce or agricultural production materials between	86653
a local place of storage or supply and the farm when drawn or	86654
towed on a public road or highway at a speed greater than	86655
twenty-five miles per hour, and a vehicle that is designed and	86656
used exclusively to transport a boat between a place of storage	86657
and a marina, or in and around a marina, when drawn or towed on a	86658
public road or highway for a distance of more than ten miles or at	86659
a speed of more than twenty-five miles per hour. "Trailer" does	86660
not include a manufactured home or travel trailer.	86661

(N) "Noncommercial trailer" means any trailer, except a	86662
travel trailer or trailer that is used to transport a boat as	86663
described in division (B) of this section, but, where applicable,	86664
includes a vehicle that is used to transport a boat as described	86665
in division (M) of this section, that has a gross weight of no	86666
more than ten thousand pounds, and that is used exclusively for	86667
purposes other than engaging in business for a profit, such as the	86668
transportation of personal items for personal or recreational	86669
purposes.	86670

(O) "Mobile home" means a building unit or assembly of closed	86671
construction that is fabricated in an off-site facility, is more	86672
than thirty-five body feet in length or, when erected on site, is	86673
three hundred twenty or more square feet, is built on a permanent	86674
chassis, is transportable in one or more sections, and does not	86675
qualify as a manufactured home as defined in division (C)(4) of	86676
section 3781.06 of the Revised Code or as an industrialized unit	86677
as defined in division (C)(3) of section 3781.06 of the Revised	86678
Code.	86679

(P) "Semitrailer" means any vehicle of the trailer type that	86680
does not have motive power and is so designed or used with another	86681
and separate motor vehicle that in operation a part of its own	86682
weight or that of its load, or both, rests upon and is carried by	86683
the other vehicle furnishing the motive power for propelling	86684
itself and the vehicle referred to in this division, and includes,	86685
for the purpose only of registration and taxation under those	86686
chapters, any vehicle of the dolly type, such as a trailer dolly,	86687
that is designed or used for the conversion of a semitrailer into	86688
a trailer.	86689

(Q) "Recreational vehicle" means a vehicular portable	86690
structure that meets all of the following conditions:	86691

(1) It is designed for the sole purpose of recreational	86692
travel.	86693

(2) It is not used for the purpose of engaging in business	86694
for profit.	86695

(3) It is not used for the purpose of engaging in intrastate	86696
commerce.	86697

(4) It is not used for the purpose of commerce as defined in	86698
49 C.F.R. 383.5, as amended.	86699

(5) It is not regulated by the public utilities commission	86700
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	86701

(6) It is classed as one of the following:

86702

(a) "Travel trailer" means a nonself-propelled recreational	86703
vehicle that does not exceed an overall length of thirty-five	86704
feet, exclusive of bumper and tongue or coupling, and contains	86705
less than three hundred twenty square feet of space when erected	86706
on site. "Travel trailer" includes a tent-type fold-out camping	86707
trailer as defined in section 4517.01 of the Revised Code.	86708

(b) "Motor home" means a self-propelled recreational vehicle	86709
that has no fifth wheel and is constructed with permanently	86710
installed facilities for cold storage, cooking and consuming of	86711
food, and for sleeping.	86712

(c) "Truck camper" means a nonself-propelled recreational	86713
vehicle that does not have wheels for road use and is designed to	86714
be placed upon and attached to a motor vehicle. "Truck camper"	86715
does not include truck covers that consist of walls and a roof,	86716
but do not have floors and facilities enabling them to be used as	86717
a dwelling.	86718

(d) "Fifth wheel trailer" means a vehicle that is of such	86719
size and weight as to be movable without a special highway permit,	86720
that has a gross trailer area of four hundred square feet or less,	86721
that is constructed with a raised forward section that allows a	86722
bi-level floor plan, and that is designed to be towed by a vehicle	86723
equipped with a fifth-wheel hitch ordinarily installed in the bed	86724
of a truck.	86725

(e) "Park trailer" means a vehicle that is commonly known as	86726
a park model recreational vehicle, meets the American national	86727
standard institute standard A119.5 (1988) for park trailers, is	86728
built on a single chassis, has a gross trailer area of four	86729
hundred square feet or less when set up, is designed for seasonal	86730
or temporary living quarters, and may be connected to utilities	86731
necessary for the operation of installed features and appliances.	86732

(R) "Pneumatic tires" means tires of rubber and fabric or	86733
tires of similar material, that are inflated with air.	86734

(S) "Solid tires" means tires of rubber or similar elastic	86735
material that are not dependent upon confined air for support of	86736
the load.	86737

(T) "Solid tire vehicle" means any vehicle that is equipped	86738
with two or more solid tires.	86739

(U) "Farm machinery" means all machines and tools that are	86740
used in the production, harvesting, and care of farm products, and	86741
includes trailers that are used to transport agricultural produce	86742
or agricultural production materials between a local place of	86743
storage or supply and the farm, agricultural tractors, threshing	86744
machinery, hay-baling machinery, corn shellers, hammermills, and	86745
machinery used in the production of horticultural, agricultural,	86746
and vegetable products.	86747

(V) "Owner" includes any person or firm, other than a	86748
manufacturer or dealer, that has title to a motor vehicle, except	86749
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	86750
includes in addition manufacturers and dealers.	86751

(W) "Manufacturer" and "dealer" include all persons and firms	86752
that are regularly engaged in the business of manufacturing,	86753
selling, displaying, offering for sale, or dealing in motor	86754
vehicles, at an established place of business that is used	86755
exclusively for the purpose of manufacturing, selling, displaying,	86756
offering for sale, or dealing in motor vehicles. A place of	86757
business that is used for manufacturing, selling, displaying,	86758
offering for sale, or dealing in motor vehicles shall be deemed to	86759
be used exclusively for those purposes even though snowmobiles or	86760
all-purpose vehicles are sold or displayed for sale thereat, even	86761
though farm machinery is sold or displayed for sale thereat, or	86762
even though repair, accessory, gasoline and oil, storage, parts,	86763
service, or paint departments are maintained thereat, or, in any	86764
county having a population of less than seventy-five thousand at	86765
the last federal census, even though a department in a place of	86766
business is used to dismantle, salvage, or rebuild motor vehicles	86767
by means of used parts, if such departments are operated for the	86768
purpose of furthering and assisting in the business of	86769
manufacturing, selling, displaying, offering for sale, or dealing	86770
in motor vehicles. Places of business or departments in a place of	86771
business used to dismantle, salvage, or rebuild motor vehicles by	86772
means of using used parts are not considered as being maintained	86773
for the purpose of assisting or furthering the manufacturing,	86774
selling, displaying, and offering for sale or dealing in motor	86775
vehicles.	86776

(X) "Operator" includes any person who drives or operates a	86777
motor vehicle upon the public highways.	86778

(Y) "Chauffeur" means any operator who operates a motor	86779
vehicle, other than a taxicab, as an employee for hire; or any	86780
operator whether or not the owner of a motor vehicle, other than a	86781
taxicab, who operates such vehicle for transporting, for gain,	86782
compensation, or profit, either persons or property owned by	86783
another. Any operator of a motor vehicle who is voluntarily	86784
involved in a ridesharing arrangement is not considered an	86785
employee for hire or operating such vehicle for gain,	86786
compensation, or profit.	86787

(Z) "State" includes the territories and federal districts of	86788
the United States, and the provinces of Canada.	86789

(AA) "Public roads and highways" for vehicles includes all	86790
public thoroughfares, bridges, and culverts.	86791

(BB) "Manufacturer's number" means the manufacturer's	86792
original serial number that is affixed to or imprinted upon the	86793
chassis or other part of the motor vehicle.	86794

(CC) "Motor number" means the manufacturer's original number	86795
that is affixed to or imprinted upon the engine or motor of the	86796
vehicle.	86797

(DD) "Distributor" means any person who is authorized by a	86798
motor vehicle manufacturer to distribute new motor vehicles to	86799
licensed motor vehicle dealers at an established place of business	86800
that is used exclusively for the purpose of distributing new motor	86801
vehicles to licensed motor vehicle dealers, except when the	86802
distributor also is a new motor vehicle dealer, in which case the	86803
distributor may distribute at the location of the distributor's	86804
licensed dealership.	86805

(EE) "Ridesharing arrangement" means the transportation of	86806
persons in a motor vehicle where the transportation is incidental	86807
to another purpose of a volunteer driver and includes ridesharing	86808
arrangements known as carpools, vanpools, and buspools.	86809

(FF) "Apportionable vehicle" means any vehicle that is used	86810
or intended for use in two or more international registration plan	86811
member jurisdictions that allocate or proportionally register	86812
vehicles, that is used for the transportation of persons for hire	86813
or designed, used, or maintained primarily for the transportation	86814
of property, and that meets any of the following qualifications:	86815

(1) Is a power unit having a gross vehicle weight in excess	86816
of twenty-six thousand pounds;	86817

(2) Is a power unit having three or more axles, regardless of	86818
the gross vehicle weight;	86819

(3) Is a combination vehicle with a gross vehicle weight in	86820
excess of twenty-six thousand pounds.	86821

"Apportionable vehicle" does not include recreational	86822
vehicles, vehicles displaying restricted plates, city pick-up and	86823
delivery vehicles, buses used for the transportation of chartered	86824
parties, or vehicles owned and operated by the United States, this	86825
state, or any political subdivisions thereof.	86826

(GG) "Chartered party" means a group of persons who contract	86827
as a group to acquire the exclusive use of a passenger-carrying	86828
motor vehicle at a fixed charge for the vehicle in accordance with	86829
the carrier's tariff, lawfully on file with the United States	86830
department of transportation, for the purpose of group travel to a	86831
specified destination or for a particular itinerary, either agreed	86832
upon in advance or modified by the chartered group after having	86833
left the place of origin.	86834

(HH) "International registration plan" means a reciprocal	86835
agreement of member jurisdictions that is endorsed by the American	86836
association of motor vehicle administrators, and that promotes and	86837
encourages the fullest possible use of the highway system by	86838
authorizing apportioned registration of fleets of vehicles and	86839
recognizing registration of vehicles apportioned in member	86840
jurisdictions.	86841

(II) "Restricted plate" means a license plate that has a	86842
restriction of time, geographic area, mileage, or commodity, and	86843
includes license plates issued to farm trucks under division (J)	86844
of section 4503.04 of the Revised Code.	86845

(JJ) "Gross vehicle weight," with regard to any commercial	86846
car, trailer, semitrailer, or bus that is taxed at the rates	86847
established under section 4503.042 or 4503.65 of the Revised Code,	86848
means the unladen weight of the vehicle fully equipped plus the	86849
maximum weight of the load to be carried on the vehicle.	86850

(KK) "Combined gross vehicle weight" with regard to any	86851
combination of a commercial car, trailer, and semitrailer, that is	86852
taxed at the rates established under section 4503.042 or 4503.65	86853
of the Revised Code, means the total unladen weight of the	86854
combination of vehicles fully equipped plus the maximum weight of	86855
the load to be carried on that combination of vehicles.	86856

(LL) "Chauffeured limousine" means a motor vehicle that is	86857
designed to carry nine or fewer passengers and is operated for	86858
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	86859
transportation of passengers on public roads and highways along a	86860
route under the control of the person hiring the vehicle and not	86861
over a defined and regular route. "Prearranged contract" means an	86862
agreement, made in advance of boarding, to provide transportation	86863
from a specific location in a chauffeured limousine ~~at a fixed~~	86864
~~rate per hour or trip~~. "Chauffeured limousine" does not include	86865
any vehicle that is used exclusively in the business of funeral	86866
directing.	86867

(MM) "Manufactured home" has the same meaning as in division	86868
(C)(4) of section 3781.06 of the Revised Code.	86869

(NN) "Acquired situs," with respect to a manufactured home or	86870
a mobile home, means to become located in this state by the	86871
placement of the home on real property, but does not include the	86872
placement of a manufactured home or a mobile home in the inventory	86873
of a new motor vehicle dealer or the inventory of a manufacturer,	86874
remanufacturer, or distributor of manufactured or mobile homes.	86875

(OO) "Electronic" includes electrical, digital, magnetic,	86876
optical, electromagnetic, or any other form of technology that	86877
entails capabilities similar to these technologies.	86878

(PP) "Electronic record" means a record generated,	86879
communicated, received, or stored by electronic means for use in	86880
an information system or for transmission from one information	86881
system to another.	86882

(QQ) "Electronic signature" means a signature in electronic	86883
form attached to or logically associated with an electronic	86884
record.	86885

(RR) "Financial transaction device" has the same meaning as	86886
in division (A) of section 113.40 of the Revised Code.	86887

(SS) "Electronic motor vehicle dealer" means a motor vehicle	86888
dealer licensed under Chapter 4517. of the Revised Code whom the	86889
registrar of motor vehicles determines meets the criteria	86890
designated in section 4503.035 of the Revised Code for electronic	86891
motor vehicle dealers and designates as an electronic motor	86892
vehicle dealer under that section.	86893

(TT) "Electric personal assistive mobility device" means a	86894
self-balancing two non-tandem wheeled device that is designed to	86895
transport only one person, has an electric propulsion system of an	86896
average of seven hundred fifty watts, and when ridden on a paved	86897
level surface by an operator who weighs one hundred seventy pounds	86898
has a maximum speed of less than twenty miles per hour.	86899

(UU) "Limited driving privileges" means the privilege to	86900
operate a motor vehicle that a court grants under section 4510.021	86901
of the Revised Code to a person whose driver's or commercial	86902
driver's license or permit or nonresident operating privilege has	86903
been suspended.	86904

(VV) "Utility vehicle" means a self-propelled vehicle	86905
designed with a bed, principally for the purpose of transporting	86906
material or cargo in connection with construction, agricultural,	86907
forestry, grounds maintenance, lawn and garden, materials	86908
handling, or similar activities. "Utility vehicle" includes a	86909
vehicle with a maximum attainable speed of twenty miles per hour	86910
or less that is used exclusively within the boundaries of state	86911
parks by state park employees or volunteers for the operation or	86912
maintenance of state park facilities.	86913

Sec. 4501.21. (A) There is hereby created in the state	86914
treasury the license plate contribution fund. The fund shall	86915
consist of all contributions paid by motor vehicle registrants and	86916
collected by the registrar of motor vehicles pursuant to sections	86917
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	86918
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	86919
4503.523, 4503.524, 4503.526, 4503.531, 4503.545, 4503.55,	86920
4503.551, 4503.552, 4503.553, 4503.561, 4503.562, 4503.564,	86921
4503.591, 4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711,	86922
4503.712, 4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75,	86923
4503.751, 4503.85, 4503.89, 4503.92, and 4503.94 of the Revised	86924
Code.	86925

(B) The registrar shall pay the contributions the registrar	86926
collects in the fund as follows:	86927

The registrar shall pay the contributions received pursuant	86928
to section 4503.491 of the Revised Code to the breast cancer fund	86929
of Ohio, which shall use that money only to pay for programs that	86930
provide assistance and education to Ohio breast cancer patients	86931
and that improve access for such patients to quality health care	86932
and clinical trials and shall not use any of the money for	86933
abortion information, counseling, services, or other	86934
abortion-related activities.	86935

The registrar shall pay the contributions received pursuant	86936
to section 4503.493 of the Revised Code to the autism society of	86937
Ohio, which shall use the contributions for programs and autism	86938
awareness efforts throughout the state.	86939

The registrar shall pay the contributions the registrar	86940
receives pursuant to section 4503.494 of the Revised Code to the	86941
national multiple sclerosis society for distribution in equal	86942
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	86943
chapters of the national multiple sclerosis society. These	86944
chapters shall use the money they receive under this section to	86945
assist in paying the expenses they incur in providing services	86946
directly to their clients.	86947

The registrar shall pay the contributions the registrar	86948
receives pursuant to section 4503.496 of the Revised Code to the	86949
Ohio sickle cell and health association, which shall use the	86950
contributions to help support educational, clinical, and social	86951
support services for adults who have sickle cell disease.	86952

The registrar shall pay the contributions the registrar	86953
receives pursuant to section 4503.498 of the Revised Code to	86954
special olympics Ohio, inc., which shall use the contributions for	86955
its programs, charitable efforts, and other activities.	86956

The registrar shall pay the contributions the registrar	86957
receives pursuant to section 4503.499 of the Revised Code to the	86958
children's glioma cancer foundation, which shall use the	86959
contributions for its research and other programs.	86960

The registrar shall pay the contributions the registrar	86961
receives pursuant to section 4503.50 of the Revised Code to the	86962
future farmers of America foundation, which shall deposit the	86963
contributions into its general account to be used for educational	86964
and scholarship purposes of the future farmers of America	86965
foundation.	86966

The registrar shall pay the contributions the registrar	86967
receives pursuant to section 4503.501 of the Revised Code to the	86968
4-H youth development program of the Ohio state university	86969
extension program, which shall use those contributions to pay the	86970
expenses it incurs in conducting its educational activities.	86971

The registrar shall pay the contributions received pursuant	86972
to section 4503.502 of the Revised Code to the Ohio cattlemen's	86973
foundation, which shall use those contributions for scholarships	86974
and other educational activities.	86975

The registrar shall pay the contributions received pursuant	86976
to section 4503.505 of the Revised Code to the organization Ohio	86977
region phi theta kappa, which shall use those contributions for	86978
scholarships for students who are members of that organization.	86979

The registrar shall pay each contribution the registrar	86980
receives pursuant to section 4503.51 of the Revised Code to the	86981
university or college whose name or marking or design appears on	86982
collegiate license plates that are issued to a person under that	86983
section. A university or college that receives contributions from	86984
the fund shall deposit the contributions into its general	86985
scholarship fund.	86986

The registrar shall pay the contributions the registrar	86987
receives pursuant to section 4503.522 of the Revised Code to the	86988
"friends of Perry's victory and international peace memorial,	86989
incorporated," a nonprofit corporation organized under the laws of	86990
this state, to assist that organization in paying the expenses it	86991
incurs in sponsoring or holding charitable, educational, and	86992
cultural events at the monument.	86993

The registrar shall pay the contributions the registrar	86994
receives pursuant to section 4503.523 of the Revised Code to the	86995
fairport lights foundation, which shall use the money to pay for	86996
the restoration, maintenance, and preservation of the lighthouses	86997
of fairport harbor.	86998

The registrar shall pay the contributions the registrar	86999
receives pursuant to section 4503.524 of the Revised Code to the	87000
Massillon tiger football booster club, which shall use the	87001
contributions only to promote and support the football team of	87002
Washington high school of the Massillon city school district.	87003

The registrar shall pay the contributions the registrar	87004
receives pursuant to section 4503.526 of the Revised Code to the	87005
Ohio district Kiwanis foundation of the Ohio district of Kiwanis	87006
international, which shall use the money it receives under this	87007
section to pay the costs of its educational and humanitarian	87008
activities.	87009

The registrar shall pay the contributions the registrar	87010
receives pursuant to section 4503.531 of the Revised Code to the	87011
thank you foundation, incorporated, a nonprofit corporation	87012
organized under the laws of this state, to assist that	87013
organization in paying for the charitable activities and programs	87014
it sponsors in support of United States military personnel,	87015
veterans, and their families.	87016

The registrar shall pay the contributions the registrar	87017
receives pursuant to section 4503.55 of the Revised Code to the	87018
pro football hall of fame, which shall deposit the contributions	87019
into a special bank account that it establishes and which shall be	87020
separate and distinct from any other account the pro football hall	87021
of fame maintains, to be used exclusively for the purpose of	87022
promoting the pro football hall of fame as a travel destination.	87023

The registrar shall pay the contributions that are paid to	87024
the registrar pursuant to section 4503.545 of the Revised Code to	87025
the national rifle association foundation, which shall use the	87026
money to pay the costs of the educational activities and programs	87027
the foundation holds or sponsors in this state.	87028

The registrar shall pay to the Ohio pet fund the	87029
contributions the registrar receives pursuant to section 4503.551	87030
of the Revised Code and any other money from any other source,	87031
including donations, gifts, and grants, that is designated by the	87032
source to be paid to the Ohio pet fund. The Ohio pet fund shall	87033
use the moneys it receives under this section to support programs	87034
for the sterilization of dogs and cats and for educational	87035
programs concerning the proper veterinary care of those animals,	87036
and for expenses of the Ohio pet fund that are reasonably	87037
necessary for it to obtain and maintain its tax-exempt status and	87038
to perform its duties.	87039

The registrar shall pay the contributions the registrar	87040
receives pursuant to section 4503.552 of the Revised Code to the	87041
rock and roll hall of fame and museum, incorporated.	87042

The registrar shall pay the contributions the registrar	87043
receives pursuant to section 4503.553 of the Revised Code to the	87044
Ohio coalition for animals, incorporated, a nonprofit corporation.	87045
Except as provided in division (B) of this section, the coalition	87046
shall distribute the money to its members, and the members shall	87047
use the money only to pay for educational, charitable, and other	87048
programs of each coalition member that provide care for unwanted,	87049
abused, and neglected horses. The Ohio coalition for animals may	87050
use a portion of the money to pay for reasonable marketing costs	87051
incurred in the design and promotion of the license plate and for	87052
administrative costs incurred in the disbursement and management	87053
of funds received under this section.	87054

The registrar shall pay the contributions the registrar	87055
receives pursuant to section 4503.561 of the Revised Code to the	87056
state of Ohio chapter of ducks unlimited, inc., which shall	87057
deposit the contributions into a special bank account that it	87058
establishes. The special bank account shall be separate and	87059
distinct from any other account the state of Ohio chapter of ducks	87060
unlimited, inc., maintains and shall be used exclusively for the	87061
purpose of protecting, enhancing, restoring, and managing wetlands	87062
and conserving wildlife habitat. The state of Ohio chapter of	87063
ducks unlimited, inc., annually shall notify the registrar in	87064
writing of the name, address, and account to which such payments	87065
are to be made.	87066

The registrar shall pay the contributions the registrar	87067
receives pursuant to section 4503.562 of the Revised Code to the	87068
Mahoning river consortium, which shall use the money to pay the	87069
expenses it incurs in restoring and maintaining the Mahoning river	87070
watershed.	87071

The registrar shall pay the contributions the registrar	87072
receives pursuant to section 4503.564 of the Revised Code to	87073
Antioch college for the use of the Glen Helen ecology institute to	87074
pay expenses related to the Glen Helen nature preserve.	87075

The registrar shall pay to a sports commission created	87076
pursuant to section 4503.591 of the Revised Code each contribution	87077
the registrar receives under that section that an applicant pays	87078
to obtain license plates that bear the logo of a professional	87079
sports team located in the county of that sports commission and	87080
that is participating in the license plate program pursuant to	87081
division (E) of that section, irrespective of the county of	87082
residence of an applicant.	87083

The registrar shall pay to a community charity each	87084
contribution the registrar receives under section 4503.591 of the	87085
Revised Code that an applicant pays to obtain license plates that	87086
bear the logo of a professional sports team that is participating	87087
in the license plate program pursuant to division (G) of that	87088
section.	87089

The registrar shall pay the contributions the registrar	87090
receives pursuant to section 4503.67 of the Revised Code to the	87091
Dan Beard council of the boy scouts of America. The council shall	87092
distribute all contributions in an equitable manner throughout the	87093
state to regional councils of the boy scouts.	87094

The registrar shall pay the contributions the registrar	87095
receives pursuant to section 4503.68 of the Revised Code to the	87096
great river council of the girl scouts of the United States of	87097
America. The council shall distribute all contributions in an	87098
equitable manner throughout the state to regional councils of the	87099
girl scouts.	87100

The registrar shall pay the contributions the registrar	87101
receives pursuant to section 4503.69 of the Revised Code to the	87102
Dan Beard council of the boy scouts of America. The council shall	87103
distribute all contributions in an equitable manner throughout the	87104
state to regional councils of the boy scouts.	87105

The registrar shall pay the contributions the registrar	87106
receives pursuant to section 4503.701 of the Revised Code to the	87107
Prince Hall grand lodge of free and accepted masons of Ohio, which	87108
shall use the contributions for scholarship purposes.	87109

The registrar shall pay the contributions the registrar	87110
receives pursuant to section 4503.71 of the Revised Code to the	87111
fraternal order of police of Ohio, incorporated, which shall	87112
deposit the fees into its general account to be used for purposes	87113
of the fraternal order of police of Ohio, incorporated.	87114

The registrar shall pay the contributions the registrar	87115
receives pursuant to section 4503.711 of the Revised Code to the	87116
fraternal order of police of Ohio, incorporated, which shall	87117
deposit the contributions into an account that it creates to be	87118
used for the purpose of advancing and protecting the law	87119
enforcement profession, promoting improved law enforcement	87120
methods, and teaching respect for law and order.	87121

The registrar shall pay the contributions received pursuant	87122
to section 4503.712 of the Revised Code to Ohio concerns of police	87123
survivors, which shall use those contributions to provide whatever	87124
assistance may be appropriate to the families of Ohio law	87125
enforcement officers who are killed in the line of duty.	87126

The registrar shall pay the contributions received pursuant	87127
to section 4503.713 of the Revised Code to the greater Cleveland	87128
peace officers memorial society, which shall use those	87129
contributions to honor law enforcement officers who have died in	87130
the line of duty and support its charitable purposes.	87131

The registrar shall pay the contributions the registrar	87132
receives pursuant to section 4503.72 of the Revised Code to the	87133
organization known on March 31, 2003, as the Ohio CASA/GAL	87134
association, a private, nonprofit corporation organized under	87135
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	87136
shall use these contributions to pay the expenses it incurs in	87137
administering a program to secure the proper representation in the	87138
courts of this state of abused, neglected, and dependent children,	87139
and for the training and supervision of persons participating in	87140
that program.	87141

The registrar shall pay the contributions the registrar	87142
receives pursuant to section 4503.73 of the Revised Code to Wright	87143
B. Flyer, incorporated, which shall deposit the contributions into	87144
its general account to be used for purposes of Wright B. Flyer,	87145
incorporated.	87146

The registrar shall pay the contributions the registrar	87147
receives pursuant to section 4503.732 of the Revised Code to the	87148
Siegel & Shuster society, a nonprofit organization dedicated to	87149
commemorating and celebrating the creation of Superman in	87150
Cleveland, Ohio.	87151

The registrar shall pay the contributions the registrar	87152
receives pursuant to section 4503.74 of the Revised Code to the	87153
Columbus zoological park association, which shall disburse the	87154
moneys to Ohio's major metropolitan zoos, as defined in section	87155
4503.74 of the Revised Code, in accordance with a written	87156
agreement entered into by the major metropolitan zoos.	87157

The registrar shall pay the contributions the registrar	87158
receives pursuant to section 4503.75 of the Revised Code to the	87159
rotary foundation, located on March 31, 2003, in Evanston,	87160
Illinois, to be placed in a fund known as the permanent fund and	87161
used to endow educational and humanitarian programs of the rotary	87162
foundation.	87163

The registrar shall pay the contributions the registrar	87164
receives pursuant to section 4503.751 of the Revised Code to the	87165
Ohio association of realtors, which shall deposit the	87166
contributions into a property disaster relief fund maintained	87167
under the Ohio realtors charitable and education foundation.	87168

The registrar shall pay the contributions the registrar	87169
receives pursuant to section 4503.85 of the Revised Code to the	87170
Ohio sea grant college program to be used for Lake Erie area	87171
research projects.	87172

The registrar shall pay the contributions the registrar	87173
receives pursuant to section 4503.89 of the Revised Code to the	87174
American red cross of greater Columbus on behalf of the Ohio	87175
chapters of the American red cross, which shall use the	87176
contributions for disaster readiness, preparedness, and response	87177
programs on a statewide basis.	87178

The registrar shall pay the contributions received pursuant	87179
to section 4503.92 of the Revised Code to support our troops,	87180
incorporated, a national nonprofit corporation, which shall use	87181
those contributions in accordance with its articles of	87182
incorporation and for the benefit of servicemembers of the armed	87183
forces of the United States and their families when they are in	87184
financial need.	87185

The registrar shall pay the contributions the registrar	87186
receives pursuant to section 4503.94 of the Revised Code to the	87187
Michelle's leading star foundation, which shall use the money	87188
solely to fund the rental, lease, or purchase of the simulated	87189
driving curriculum of the Michelle's leading star foundation by	87190
boards of education of city, exempted village, local, and joint	87191
vocational school districts.	87192

(C) All investment earnings of the license plate contribution	87193
fund shall be credited to the fund. Not later than the first day	87194
of May of every year, the registrar shall distribute to each	87195
entity described in division (B) of this section the investment	87196
income the fund earned the previous calendar year. The amount of	87197
such a distribution paid to an entity shall be proportionate to	87198
the amount of money the entity received from the fund during the	87199
previous calendar year.	87200

Sec. 4503.03. (A)(1)(a) ~~The~~Except as provided in division	87201
(B) of this section, the registrar of motor vehicles may designate	87202
~~the county auditor in each county~~any of the following persons as	87203
a deputy registrar~~. If the population of a county is forty~~	87204
~~thousand or less according to the last federal census and if the~~	87205
~~county auditor is designated by the registrar as a deputy~~	87206
~~registrar, no other person need be designated in the county to act~~	87207
~~as a deputy registrar~~:	87208

(i) The county auditor in any county;

87209

(ii) The clerk of a court of common pleas in any county	87210
subject to division (A)(1)(b) of this section;	87211

(iii) An individual;

87212

(iv) A nonprofit corporation as defined in division (C) of	87213
section 1702.01 of the Revised Code.	87214

(b) The registrar may designate a clerk of a court of common	87215
pleas as a deputy registrar if the population of ~~the~~a county is	87216
forty thousand or less according to the last federal census. In a	87217
county with a population greater than forty thousand but not more	87218
than fifty thousand according to the last federal census, the	87219
clerk of a court of common pleas is eligible to act as a deputy	87220
registrar and may participate in the competitive selection process	87221
for the award of a deputy registrar contract by applying in the	87222
same manner as any other person. All fees collected and retained	87223
by a clerk for conducting deputy registrar services shall be paid	87224
into the county treasury to the credit of the certificate of title	87225
administration fund created under section 325.33 of the Revised	87226
Code.	87227

~~(c) In all other instances, the registrar shall contract with~~	87228
~~one or more other persons in each county to act as deputy~~	87229
~~registrars. As part of the selection process in awarding a deputy~~	87230
~~registrar contract, the registrar shall consider the customer~~	87231
~~service performance record of any person previously awarded a~~	87232
~~deputy registrar contract.~~	87233

Notwithstanding the county population restrictions in	87234
division (A)(1)(b) of this section, if no person applies to act	87235
under contract as a deputy registrar in a county and the county	87236
auditor is not designated as a deputy registrar, the registrar may	87237
ask the clerk of a court of common pleas to serve as the deputy	87238
registrar for that county.	87239

(c) The registrar shall determine the need for a deputy	87240
registrar in each county. If the registrar determines that deputy	87241
registrar services are adequately provided either by a deputy	87242
registrar in that county or a deputy registrar in an adjoining	87243
county, no additional person shall be designated pursuant to	87244
division (A)(1) of this section to act as deputy registrar. If the	87245
registrar determines that deputy registrar services are not	87246
adequately provided in that county, the registrar may appoint one	87247
or more deputy registrars as are necessary to provide adequate	87248
services.	87249

As part of the selection process in awarding a deputy	87250
registrar contract, the registrar shall consider the customer	87251
service performance record of any person previously awarded a	87252
deputy registrar contract pursuant to division (A)(1) of this	87253
section.	87254

(2) Deputy registrars shall accept applications for the	87255
annual license tax for any vehicle not taxed under section 4503.63	87256
of the Revised Code and shall assign distinctive numbers in the	87257
same manner as the registrar. ~~Such deputies shall be located in~~	87258
~~such locations in the county as the registrar sees fit. There~~	87259
~~shall be at least one deputy registrar in each county.~~	87260

Deputy registrar contracts are subject to the provisions of	87261
division (B) of section 125.081 of the Revised Code.	87262

(B)(1) The registrar shall not ~~contract with~~designate any	87263
person to act as a deputy registrar under division (A)(1) of this	87264
section if the person or, where applicable, the person's spouse or	87265
a member of the person's immediate family has made, within the	87266
current calendar year or any one of the previous three calendar	87267
years, one or more contributions totaling in excess of one hundred	87268
dollars to any person or entity included in division (A)(2) of	87269
section 4503.033 of the Revised Code. As used in this division,	87270
"immediate family" has the same meaning as in division (D) of	87271
section 102.01 of the Revised Code, and "entity" includes any	87272
political party and any "continuing association" as defined in	87273
division (B)(4) of section 3517.01 of the Revised Code or	87274
"political action committee" as defined in division (B)(8) of that	87275
section that is primarily associated with that political party.	87276
For purposes of this division, contributions to any continuing	87277
association or any political action committee that is primarily	87278
associated with a political party shall be aggregated with	87279
contributions to that political party.	87280

The contribution limitations contained in this division do	87281
not apply to any county auditor or clerk of a court of common	87282
pleas. A county auditor or clerk of a court of common pleas is not	87283
required to file the disclosure statement or pay the filing fee	87284
required under section 4503.033 of the Revised Code. The	87285
limitations of this division also do not apply to a deputy	87286
registrar who, subsequent to being awarded a deputy registrar	87287
contract, is elected to an office of a political subdivision.	87288

(2) The registrar shall not ~~contract with~~designate either of	87289
the following to act as a deputy registrar:	87290

~~(1)~~(a) Any elected public official other than a county	87291
auditor or, as authorized by division (A)(1)(b) of this section, a	87292
clerk of a court of common pleas, acting in an official capacity,	87293
except that, the registrar shall continue and may renew a contract	87294
with any deputy registrar who, subsequent to being awarded a	87295
deputy registrar contract, is elected to an office of a political	87296
subdivision;	87297

~~(2)~~(b) Any person holding a current, valid contract to	87298
conduct motor vehicle inspections under section 3704.14 of the	87299
Revised Code.	87300

(3) As used in division (B) of this section, "political	87301
subdivision" has the same meaning as in section 3501.01 of the	87302
Revised Code.	87303

(C)(1) Except as provided in division (C)(2) of this section,	87304
deputy registrars are independent contractors and neither they nor	87305
their employees are employees of this state, except that nothing	87306
in this section shall affect the status of county auditors or	87307
clerks of courts of common pleas as public officials, nor the	87308
status of their employees as employees of any of the counties of	87309
this state, which are political subdivisions of this state. Each	87310
deputy registrar shall be responsible for the payment of all	87311
unemployment compensation premiums, all workers' compensation	87312
premiums, social security contributions, and any and all taxes for	87313
which the deputy registrar is legally responsible. Each deputy	87314
registrar shall comply with all applicable federal, state, and	87315
local laws requiring the withholding of income taxes or other	87316
taxes from the compensation of the deputy registrar's employees.	87317
Each deputy registrar shall maintain during the entire term of the	87318
deputy registrar's contract a policy of business liability	87319
insurance satisfactory to the registrar and shall hold the	87320
department of public safety, the director of public safety, the	87321
bureau of motor vehicles, and the registrar harmless upon any and	87322
all claims for damages arising out of the operation of the deputy	87323
registrar agency.	87324

(2) For purposes of Chapter 4141. of the Revised Code,	87325
determinations concerning the employment of deputy registrars and	87326
their employees shall be made under Chapter 4141. of the Revised	87327
Code.	87328

(D)(1) With the approval of the director, the registrar shall	87329
adopt rules governing ~~the~~deputy registrars. The rules shall do	87330
all of the following:	87331

(a) Establish requirements governing the terms of the	87332
contract between the registrar and each deputy registrar and	87333
~~specifications for~~ the services to be performed~~. The rules shall~~	87334
~~include specifications relating to the~~;	87335

(b) Establish requirements governing the amount of bond to be	87336
given as provided in this section; ~~the~~	87337

(c) Establish requirements governing the size and location of	87338
the deputy's office; ~~and~~	87339

(d) Establish requirements governing the leasing of equipment	87340
necessary to conduct the vision screenings required under section	87341
4507.12 of the Revised Code and training in the use of the	87342
equipment~~. The specifications shall permit and encourage~~;	87343

(e) Encourage every deputy registrar to inform the public of	87344
the location of the deputy registrar's office and hours of	87345
operation by means of public service announcements ~~and allow~~;	87346

(f) Allow any deputy registrar to advertise in regard to the	87347
operation of the deputy registrar's office~~. The rules also shall~~	87348
~~include specifications for~~;	87349

(g) Specify the hours the deputy's office is to be open to	87350
the public and ~~shall~~ require as a minimum that one deputy's	87351
office in each county containing a deputy registrar's office be	87352
open to the public for at least four hours each weekend, provided	87353
that if only one deputy's office is located within the boundary of	87354
the county seat, that office is the office that shall be open for	87355
the four-hour period each weekend~~. The rules also shall include~~	87356
~~specifications providing~~;	87357

(h) Specify that every deputy ~~in each county~~registrar, upon	87358
request, provide any person with information about the location	87359
and office hours of all deputy registrars in the county ~~and that~~	87360
~~every deputy prominently display within the deputy's office, the~~	87361
~~toll-free telephone number of the bureau. The rules shall not~~	87362
~~prohibit the award of~~;	87363

(i) Allow a deputy registrar contract to be awarded to a	87364
nonprofit corporation formed under the laws of this state~~. The~~	87365
~~rules shall~~;	87366

(j) Except as provided in division (D)(2) of this section,	87367
prohibit any deputy registrar from operating more than one ~~such~~	87368
deputy registrar's office at any time~~, except that the rules may~~	87369
~~permit a nonprofit corporation formed for the purposes of~~	87370
~~providing automobile-related services to its members or the public~~	87371
~~and that provides such services from more than one location in~~	87372
~~this state to operate a deputy registrar office at any such~~	87373
~~location, provided that the nonprofit corporation operates no more~~	87374
~~than one deputy registrar office in any one county. The rules may~~	87375
~~include such other specifications as the registrar and director~~	87376
~~consider necessary to provide a high level of service.~~	87377

~~The rules shall establish~~;

87378

(k) For the duration of any deputy registrar contract,	87379
require that the deputy registrar occupy a primary residence in a	87380
location that is within a one-hour commute time from the deputy	87381
registrar's office or offices. The rules shall require the	87382
registrar to determine commute time by using multiple established	87383
internet-based mapping services.	87384

(l) Establish procedures for a deputy registrar ~~who requests~~	87385
~~such~~to request the authority to collect reinstatement fees under	87386
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	87387
4510.72, and 4511.191 of the Revised Code and to transmit the	87388
reinstatement fees and two dollars of the service fee collected	87389
under those sections. The registrar shall ensure that, not later	87390
than January 1, 2012, at least one deputy registrar in each county	87391
containing a deputy registrar's office has the necessary equipment	87392
and is able to accept reinstatement fees. The registrar shall	87393
deposit the service fees received from a deputy registrar under	87394
those sections into the state bureau of motor vehicles fund	87395
created in section 4501.25 of the Revised Code and shall use the	87396
money for deputy registrar equipment necessary in connection with	87397
accepting reinstatement fees.	87398

(m) Establish such other requirements as the registrar and	87399
director consider necessary to provide a high level of service.	87400

(2) Notwithstanding division (D)(1)(j) of this section, the	87401
rules may allow both of the following:	87402

(a) The registrar to award a contract to a deputy registrar	87403
to operate more than one deputy registrar's office if determined	87404
by the registrar to be practical;	87405

(b) A nonprofit corporation formed for the purposes of	87406
providing automobile-related services to its members or the public	87407
and that provides such services from more than one location in	87408
this state to operate a deputy registrar office at any location.	87409

(3) As a daily adjustment, the bureau of motor vehicles shall	87410
credit to a deputy registrar three dollars and fifty cents for	87411
each damaged license plate or validation sticker the deputy	87412
registrar replaces as a service to a member of the public.	87413

~~(3)~~(4)(a) With the prior approval of the registrar, each	87414
deputy registrar may conduct at the location of the deputy	87415
registrar's office any business that is consistent with the	87416
functions of a deputy registrar and that is not specifically	87417
mandated or authorized by this or another chapter of the Revised	87418
Code or by implementing rules of the registrar.	87419

(b) In accordance with guidelines the director of public	87420
safety shall establish, a deputy registrar may operate or contract	87421
for the operation of a vending machine at a deputy registrar	87422
location if products of the vending machine are consistent with	87423
the functions of a deputy registrar.	87424

(c) A deputy registrar may enter into an agreement with the	87425
Ohio turnpike and infrastructure commission pursuant to division	87426
(A)(11) of section 5537.04 of the Revised Code for the purpose of	87427
allowing the general public to acquire from the deputy registrar	87428
the electronic toll collection devices that are used under the	87429
multi-jurisdiction electronic toll collection agreement between	87430
the Ohio turnpike and infrastructure commission and any other	87431
entities or agencies that participate in such an agreement. The	87432
approval of the registrar is not necessary if a deputy registrar	87433
engages in this activity.	87434

~~(4)~~(5) As used in this section and in section 4507.01 of the	87435
Revised Code, "nonprofit corporation" has the same meaning as in	87436
section 1702.01 of the Revised Code.	87437

(E)(1) Unless otherwise terminated and except for interim	87438
contracts ~~of less~~lasting not longer than one year, contracts with	87439
deputy registrars shall be ~~for a term of at least two years, but~~	87440
~~no more than three years, and all contracts effective on or after~~	87441
entered into through a competitive selection process and shall be	87442
limited in duration as follows:	87443

(a) For contracts entered into between July 1, 1996~~, shall be~~	87444
~~for a term of more~~and June 29, 2014, for a period of not less	87445
than two years, but not more than three years~~. All~~;	87446

(b) For contracts entered into on or after June 29, 2014, for	87447
a period of five years, unless the registrar determines that a	87448
shorter contract term is appropriate for a particular deputy	87449
registrar.	87450

(2) All contracts with deputy registrars shall expire on the	87451
last Saturday of June in the year of their expiration. ~~The~~Prior	87452
to the expiration of any deputy registrar contract, the registrar,	87453
with the approval of the director, may award a one-year contract	87454
extension to any deputy registrar who has provided exemplary	87455
service based upon objective performance evaluations.	87456

(3)(a) The auditor of state may examine the accounts,	87457
reports, systems, and other data of each deputy registrar at least	87458
every two years. The registrar, with the approval of the director,	87459
shall immediately remove a deputy who violates any provision of	87460
the Revised Code related to the duties as a deputy, any rule	87461
adopted by the registrar, or a term of the deputy's contract with	87462
the registrar. The registrar also may remove a deputy who, in the	87463
opinion of the registrar, has engaged in any conduct that is	87464
either unbecoming to one representing this state or is	87465
inconsistent with the efficient operation of the deputy's office.	87466

(b) If the registrar, with the approval of the director,	87467
determines that there is good cause to believe that a deputy	87468
registrar or a person proposing for a deputy registrar contract	87469
has engaged in any conduct that would require the denial or	87470
termination of the deputy registrar contract, the registrar may	87471
require the production of books, records, and papers as the	87472
registrar determines are necessary, and may take the depositions	87473
of witnesses residing within or outside the state in the same	87474
manner as is prescribed by law for the taking of depositions in	87475
civil actions in the court of common pleas, and for that purpose	87476
the registrar may issue a subpoena for any witness or a subpoena	87477
duces tecum to compel the production of any books, records, or	87478
papers, directed to the sheriff of the county where the witness	87479
resides or is found. Such a subpoena shall be served and returned	87480
in the same manner as a subpoena in a criminal case is served and	87481
returned. The fees of the sheriff shall be the same as that	87482
allowed in the court of common pleas in criminal cases. Witnesses	87483
shall be paid the fees and mileage provided for under section	87484
119.094 of the Revised Code. The fees and mileage shall be paid	87485
from the fund in the state treasury for the use of the agency in	87486
the same manner as other expenses of the agency are paid.	87487

In any case of disobedience or neglect of any subpoena served	87488
on any person or the refusal of any witness to testify to any	87489
matter regarding which the witness lawfully may be interrogated,	87490
the court of common pleas of any county where the disobedience,	87491
neglect, or refusal occurs or any judge of that court, on	87492
application by the registrar, shall compel obedience by attachment	87493
proceedings for contempt, as in the case of disobedience of the	87494
requirements of a subpoena issued from that court, or a refusal to	87495
testify in that court.	87496

(4) Nothing in ~~this~~ division (E) of this section shall be	87497
construed to require a hearing of any nature prior to the	87498
termination of any deputy registrar contract by the registrar,	87499
with the approval of the director, for cause.	87500

(F) Except as provided in section 2743.03 of the Revised	87501
Code, no court, other than the court of common pleas of Franklin	87502
county, has jurisdiction of any action against the department of	87503
public safety, the director, the bureau, or the registrar to	87504
restrain the exercise of any power or authority, or to entertain	87505
any action for declaratory judgment, in the selection and	87506
appointment of, or contracting with, deputy registrars. Neither	87507
the department, the director, the bureau, nor the registrar is	87508
liable in any action at law for damages sustained by any person	87509
because of any acts of the department, the director, the bureau,	87510
or the registrar, or of any employee of the department or bureau,	87511
in the performance of official duties in the selection and	87512
appointment of, and contracting with, deputy registrars.	87513

(G) The registrar shall assign to each deputy registrar a	87514
series of numbers sufficient to supply the demand at all times in	87515
the area the deputy registrar serves, and the registrar shall keep	87516
a record in the registrar's office of the numbers within the	87517
series assigned. Each deputy shall be required to give bond in the	87518
amount of at least twenty-five thousand dollars, or in such higher	87519
amount as the registrar determines necessary, based on a uniform	87520
schedule of bond amounts established by the registrar and	87521
determined by the volume of registrations handled by the deputy.	87522
The form of the bond shall be prescribed by the registrar. The	87523
bonds required of deputy registrars, in the discretion of the	87524
registrar, may be individual or schedule bonds or may be included	87525
in any blanket bond coverage carried by the department.	87526

(H) Each deputy registrar shall keep a file of each	87527
application received by the deputy and shall register that motor	87528
vehicle with the name and address of its owner.	87529

(I) Upon request, a deputy registrar shall make the physical	87530
inspection of a motor vehicle and issue the physical inspection	87531
certificate required in section 4505.061 of the Revised Code.	87532

(J) Each deputy registrar shall file a report semiannually	87533
with the registrar of motor vehicles listing the number of	87534
applicants for licenses the deputy has served, the number of voter	87535
registration applications the deputy has completed and transmitted	87536
to the board of elections, and the number of voter registration	87537
applications declined.	87538

Sec. 4503.0610. (A) As used in this section:

87539

(1) "Eligible manufactured home" means a manufactured home or	87540
mobile home that is not an ineligible manufactured home.	87541

(2) "Ineligible manufactured home" means either of the	87542
following:	87543

(a) A manufactured home or mobile home against which	87544
foreclosure or other proceedings to take possession of the	87545
manufactured home or mobile home have been initiated based on a	87546
mortgage, lien, or security interest on or in the manufactured	87547
home or mobile home. A manufactured home or mobile home is an	87548
"ineligible manufactured home" for any tax year during which such	87549
proceedings against the manufactured home or mobile home remain	87550
pending.	87551

(b) A manufactured home that is listed on the delinquent	87552
manufactured home tax list. A manufactured home is an "ineligible	87553
manufactured home" for any tax year during which the manufactured	87554
home is listed on the delinquent manufactured home tax list.	87555

(B) If a board of county commissioners adopts a resolution	87556
granting a partial real property tax exemption under section	87557
323.158 of the Revised Code, it also shall adopt a resolution	87558
under this section granting a partial manufactured home tax	87559
exemption. The partial exemption shall take the form of a	87560
reduction each year in the manufactured home tax charged against	87561
each eligible manufactured home in the county under section	87562
4503.06 of the Revised Code, by the same percentage by which real	87563
property taxes were reduced for the preceding year in the	87564
resolution adopted under section 323.158 of the Revised Code. Upon	87565
adopting the resolution under this section, the board shall	87566
certify copies of it to the county auditor and the tax	87567
commissioner.	87568

~~(B)~~(C) After complying with sections 4503.06 and 4503.065 of	87569
the Revised Code, the county auditor shall reduce the remaining	87570
sum to be levied against aan eligible manufactured home by the	87571
percentage called for in the resolution adopted under division (A)	87572
of this section. The auditor shall certify the amount of tax	87573
remaining after the reduction to the county treasurer for	87574
collection as the manufactured home tax charged and payable on the	87575
eligible manufactured home.	87576

~~(C)~~(D) For each tax year, the county auditor shall certify to	87577
the board of county commissioners the total amount by which	87578
manufactured home taxes are reduced under this section. At the	87579
time of each semi-annual distribution of manufactured home taxes	87580
in the county, the board shall pay to the auditor one-half of that	87581
total amount. Upon receipt of the payment, the auditor shall	87582
distribute it among the various taxing districts in the county as	87583
though it had been levied and collected as manufactured home	87584
taxes. The board shall make the payment from the county general	87585
fund or from any other county revenue that may be used for that	87586
purpose.	87587

~~(D)~~(E) If a board of county commissioners repeals a	87588
resolution adopted under section 323.158 of the Revised Code, it	87589
also shall repeal the resolution adopted under this section.	87590

Sec. 4503.44. (A) As used in this section and in section	87591
4511.69 of the Revised Code:	87592

(1) "Person with a disability that limits or impairs the	87593
ability to walk" means any person who, as determined by a health	87594
care provider, meets any of the following criteria:	87595

(a) Cannot walk two hundred feet without stopping to rest;

87596

(b) Cannot walk without the use of, or assistance from, a	87597
brace, cane, crutch, another person, prosthetic device,	87598
wheelchair, or other assistive device;	87599

(c) Is restricted by a lung disease to such an extent that	87600
the person's forced (respiratory) expiratory volume for one	87601
second, when measured by spirometry, is less than one liter, or	87602
the arterial oxygen tension is less than sixty millimeters of	87603
mercury on room air at rest;	87604

(d) Uses portable oxygen;

87605

(e) Has a cardiac condition to the extent that the person's	87606
functional limitations are classified in severity as class III or	87607
class IV according to standards set by the American heart	87608
association;	87609

(f) Is severely limited in the ability to walk due to an	87610
arthritic, neurological, or orthopedic condition;	87611

(g) Is blind.

87612

(2) "Organization" means any private organization or	87613
corporation, or any governmental board, agency, department,	87614
division, or office, that, as part of its business or program,	87615
transports persons with disabilities that limit or impair the	87616
ability to walk on a regular basis in a motor vehicle that has not	87617
been altered for the purpose of providing it with special	87618
equipment for use by ~~handicapped~~ persons with disabilities. This	87619
definition does not apply to division (J) of this section.	87620

(3) "Health care provider" means a physician, physician	87621
assistant, advanced practice registered nurse, or chiropractor as	87622
defined in this section.	87623

(4) "Physician" means a person licensed to practice medicine	87624
or surgery or osteopathic medicine and surgery under Chapter 4731.	87625
of the Revised Code.	87626

(5) "Chiropractor" means a person licensed to practice	87627
chiropractic under Chapter 4734. of the Revised Code.	87628

(6) "Advanced practice registered nurse" means a certified	87629
nurse practitioner, clinical nurse specialist, certified	87630
registered nurse anesthetist, or certified nurse-midwife who holds	87631
a certificate of authority issued by the board of nursing under	87632
Chapter 4723. of the Revised Code.	87633

(7) "Physician assistant" means a person who holds a	87634
certificate to practice as a physician assistant issued under	87635
Chapter 4730. of the Revised Code.	87636

(B) Any organization or person with a disability that limits	87637
or impairs the ability to walk may apply to the registrar of motor	87638
vehicles for a removable windshield placard or, if the person owns	87639
or leases a motor vehicle, the person may apply for the	87640
registration of any motor vehicle the person owns or leases. In	87641
addition to one or more sets of license plates or one placard, a	87642
person with a disability that limits or impairs the ability to	87643
walk is entitled to one additional placard, but only if the person	87644
applies separately for the additional placard, states the reasons	87645
why the additional placard is needed, and the registrar, in the	87646
registrar's discretion, determines that good and justifiable cause	87647
exists to approve the request for the additional placard. When a	87648
motor vehicle has been altered for the purpose of providing it	87649
with special equipment for a person with a disability that limits	87650
or impairs the ability to walk, but is owned or leased by someone	87651
other than such a person, the owner or lessee may apply to the	87652
registrar or a deputy registrar for registration under this	87653
section. The application for registration of a motor vehicle owned	87654
or leased by a person with a disability that limits or impairs the	87655
ability to walk shall be accompanied by a signed statement from	87656
the applicant's health care provider certifying that the applicant	87657
meets at least one of the criteria contained in division (A)(1) of	87658
this section and that the disability is expected to continue for	87659
more than six consecutive months. The application for a removable	87660
windshield placard made by a person with a disability that limits	87661
or impairs the ability to walk shall be accompanied by a	87662
prescription from the applicant's health care provider prescribing	87663
such a placard for the applicant, provided that the applicant	87664
meets at least one of the criteria contained in division (A)(1) of	87665
this section. The health care provider shall state on the	87666
prescription the length of time the health care provider expects	87667
the applicant to have the disability that limits or impairs the	87668
applicant's ability to walk. The application for a removable	87669
windshield placard made by an organization shall be accompanied by	87670
such documentary evidence of regular transport of persons with	87671
disabilities that limit or impair the ability to walk by the	87672
organization as the registrar may require by rule and shall be	87673
completed in accordance with procedures that the registrar may	87674
require by rule. The application for registration of a motor	87675
vehicle that has been altered for the purpose of providing it with	87676
special equipment for a person with a disability that limits or	87677
impairs the ability to walk but is owned by someone other than	87678
such a person shall be accompanied by such documentary evidence of	87679
vehicle alterations as the registrar may require by rule.	87680

(C) When an organization, a person with a disability that	87681
limits or impairs the ability to walk, or a person who does not	87682
have a disability that limits or impairs the ability to walk but	87683
owns a motor vehicle that has been altered for the purpose of	87684
providing it with special equipment for a person with a disability	87685
that limits or impairs the ability to walk first submits an	87686
application for registration of a motor vehicle under this section	87687
and every fifth year thereafter, the organization or person shall	87688
submit a signed statement from the applicant's health care	87689
provider, a completed application, and any required documentary	87690
evidence of vehicle alterations as provided in division (B) of	87691
this section, and also a power of attorney from the owner of the	87692
motor vehicle if the applicant leases the vehicle. Upon submission	87693
of these items, the registrar or deputy registrar shall issue to	87694
the applicant appropriate vehicle registration and a set of	87695
license plates and validation stickers, or validation stickers	87696
alone when required by section 4503.191 of the Revised Code. In	87697
addition to the letters and numbers ordinarily inscribed thereon,	87698
the license plates shall be imprinted with the international	87699
symbol of access. The license plates and validation stickers shall	87700
be issued upon payment of the regular license fee as prescribed	87701
under section 4503.04 of the Revised Code and any motor vehicle	87702
tax levied under Chapter 4504. of the Revised Code, and the	87703
payment of a service fee equal to the amount specified in division	87704
(D) or (G) of section 4503.10 of the Revised Code.	87705

(D)(1) Upon receipt of a completed and signed application for	87706
a removable windshield placard, a prescription as described in	87707
division (B) of this section, documentary evidence of regular	87708
transport of persons with disabilities that limit or impair the	87709
ability to walk, if required, and payment of a service fee equal	87710
to the amount specified in division (D) or (G) of section 4503.10	87711
of the Revised Code, the registrar or deputy registrar shall issue	87712
to the applicant a removable windshield placard, which shall bear	87713
the date of expiration on both sides of the placard and shall be	87714
valid until expired, revoked, or surrendered. Every removable	87715
windshield placard expires as described in division (D)(2) of this	87716
section, but in no case shall a removable windshield placard be	87717
valid for a period of less than sixty days. Removable windshield	87718
placards shall be renewable upon application as provided in	87719
division (B) of this section, and a service fee equal to the	87720
amount specified in division (D) or (G) of section 4503.10 of the	87721
Revised Code shall be charged for the renewal of a removable	87722
windshield placard. The registrar shall provide the application	87723
form and shall determine the information to be included thereon.	87724
The registrar also shall determine the form and size of the	87725
removable windshield placard, the material of which it is to be	87726
made, and any other information to be included thereon, and shall	87727
adopt rules relating to the issuance, expiration, revocation,	87728
surrender, and proper display of such placards. Any placard issued	87729
after October 14, 1999, shall be manufactured in a manner that	87730
allows the expiration date of the placard to be indicated on it	87731
through the punching, drilling, boring, or creation by any other	87732
means of holes in the placard.	87733

(2) At the time a removable windshield placard is issued to a	87734
person with a disability that limits or impairs the ability to	87735
walk, the registrar or deputy registrar shall enter into the	87736
records of the bureau of motor vehicles the last date on which the	87737
person will have that disability, as indicated on the accompanying	87738
prescription. Not less than thirty days prior to that date and all	87739
removable windshield placard renewal dates, the bureau shall send	87740
a renewal notice to that person at the person's last known address	87741
as shown in the records of the bureau, informing the person that	87742
the person's removable windshield placard will expire on the	87743
indicated date not to exceed five years from the date of issuance,	87744
and that the person is required to renew the placard by submitting	87745
to the registrar or a deputy registrar another prescription, as	87746
described in division (B) of this section, and by complying with	87747
the renewal provisions prescribed in division (D)(1) of this	87748
section. If such a prescription is not received by the registrar	87749
or a deputy registrar by that date, the placard issued to that	87750
person expires and no longer is valid, and this fact shall be	87751
recorded in the records of the bureau.	87752

(3) At least once every year, on a date determined by the	87753
registrar, the bureau shall examine the records of the office of	87754
vital statistics, located within the department of health, that	87755
pertain to deceased persons, and also the bureau's records of all	87756
persons who have been issued removable windshield placards and	87757
temporary removable windshield placards. If the records of the	87758
office of vital statistics indicate that a person to whom a	87759
removable windshield placard or temporary removable windshield	87760
placard has been issued is deceased, the bureau shall cancel that	87761
placard, and note the cancellation in its records.	87762

The office of vital statistics shall make available to the	87763
bureau all information necessary to enable the bureau to comply	87764
with division (D)(3) of this section.	87765

(4) Nothing in this section shall be construed to require a	87766
person or organization to apply for a removable windshield placard	87767
or special license plates if the parking card or special license	87768
plates issued to the person or organization under prior law have	87769
not expired or been surrendered or revoked.	87770

(E)(1)(a) Any person with a disability that limits or impairs	87771
the ability to walk may apply to the registrar or a deputy	87772
registrar for a temporary removable windshield placard. The	87773
application for a temporary removable windshield placard shall be	87774
accompanied by a prescription from the applicant's health care	87775
provider prescribing such a placard for the applicant, provided	87776
that the applicant meets at least one of the criteria contained in	87777
division (A)(1) of this section and that the disability is	87778
expected to continue for six consecutive months or less. The	87779
health care provider shall state on the prescription the length of	87780
time the health care provider expects the applicant to have the	87781
disability that limits or impairs the applicant's ability to walk,	87782
which cannot exceed six months from the date of the prescription.	87783
Upon receipt of an application for a temporary removable	87784
windshield placard, presentation of the prescription from the	87785
applicant's health care provider, and payment of a service fee	87786
equal to the amount specified in division (D) or (G) of section	87787
4503.10 of the Revised Code, the registrar or deputy registrar	87788
shall issue to the applicant a temporary removable windshield	87789
placard.	87790

(b) Any active-duty member of the armed forces of the United	87791
States, including the reserve components of the armed forces and	87792
the national guard, who has an illness or injury that limits or	87793
impairs the ability to walk may apply to the registrar or a deputy	87794
registrar for a temporary removable windshield placard. With the	87795
application, the person shall present evidence of the person's	87796
active-duty status and the illness or injury. Evidence of the	87797
illness or injury may include a current department of defense	87798
convalescent leave statement, any department of defense document	87799
indicating that the person currently has an ill or injured	87800
casualty status or has limited duties, or a prescription from any	87801
health care provider prescribing the placard for the applicant.	87802
Upon receipt of the application and the necessary evidence, the	87803
registrar or deputy registrar shall issue the applicant the	87804
temporary removable windshield placard without the payment of any	87805
service fee.	87806

(2) The temporary removable windshield placard shall be of	87807
the same size and form as the removable windshield placard, shall	87808
be printed in white on a red-colored background, and shall bear	87809
the word "temporary" in letters of such size as the registrar	87810
shall prescribe. A temporary removable windshield placard also	87811
shall bear the date of expiration on the front and back of the	87812
placard, and shall be valid until expired, surrendered, or	87813
revoked, but in no case shall such a placard be valid for a period	87814
of less than sixty days. The registrar shall provide the	87815
application form and shall determine the information to be	87816
included on it, provided that the registrar shall not require a	87817
health care provider's prescription or certification for a person	87818
applying under division (E)(1)(b) of this section. The registrar	87819
also shall determine the material of which the temporary removable	87820
windshield placard is to be made and any other information to be	87821
included on the placard and shall adopt rules relating to the	87822
issuance, expiration, surrender, revocation, and proper display of	87823
those placards. Any temporary removable windshield placard issued	87824
after October 14, 1999, shall be manufactured in a manner that	87825
allows for the expiration date of the placard to be indicated on	87826
it through the punching, drilling, boring, or creation by any	87827
other means of holes in the placard.	87828

(F) If an applicant for a removable windshield placard is a	87829
veteran of the armed forces of the United States whose disability,	87830
as defined in division (A)(1) of this section, is	87831
service-connected, the registrar or deputy registrar, upon receipt	87832
of the application, presentation of a signed statement from the	87833
applicant's health care provider certifying the applicant's	87834
disability, and presentation of such documentary evidence from the	87835
department of veterans affairs that the disability of the	87836
applicant meets at least one of the criteria identified in	87837
division (A)(1) of this section and is service-connected as the	87838
registrar may require by rule, but without the payment of any	87839
service fee, shall issue the applicant a removable windshield	87840
placard that is valid until expired, surrendered, or revoked.	87841

(G) Upon a conviction of a violation of division (I), (J), or	87842
(K) of this section, the court shall report the conviction, and	87843
send the placard or parking card, if available, to the registrar,	87844
who thereupon shall revoke the privilege of using the placard or	87845
parking card and send notice in writing to the placardholder or	87846
cardholder at that holder's last known address as shown in the	87847
records of the bureau, and the placardholder or cardholder shall	87848
return the placard or card if not previously surrendered to the	87849
court, to the registrar within ten days following mailing of the	87850
notice.	87851

Whenever a person to whom a removable windshield placard or	87852
parking card has been issued moves to another state, the person	87853
shall surrender the placard or card to the registrar; and whenever	87854
an organization to which a placard or card has been issued changes	87855
its place of operation to another state, the organization shall	87856
surrender the placard or card to the registrar.	87857

(H) Subject to division (F) of section 4511.69 of the Revised	87858
Code, the operator of a motor vehicle displaying a removable	87859
windshield placard, temporary removable windshield placard,	87860
parking card, or the special license plates authorized by this	87861
section is entitled to park the motor vehicle in any special	87862
parking location reserved for persons with disabilities that limit	87863
or impair the ability to walk, also known as handicapped parking	87864
spaces or disability parking spaces.	87865

(I) No person or organization that is not eligible under	87866
division (B) or (E) of this section shall willfully and falsely	87867
represent that the person or organization is so eligible.	87868

No person or organization shall display license plates issued	87869
under this section unless the license plates have been issued for	87870
the vehicle on which they are displayed and are valid.	87871

(J) No person or organization to which a removable windshield	87872
placard or temporary removable windshield placard is issued shall	87873
do either of the following:	87874

(1) Display or permit the display of the placard on any motor	87875
vehicle when having reasonable cause to believe the motor vehicle	87876
is being used in connection with an activity that does not include	87877
providing transportation for persons with disabilities that limit	87878
or impair the ability to walk;	87879

(2) Refuse to return or surrender the placard, when required.

87880

(K)(1) No person or organization to which a parking card is	87881
issued shall do either of the following:	87882

(a) Display or permit the display of the parking card on any	87883
motor vehicle when having reasonable cause to believe the motor	87884
vehicle is being used in connection with an activity that does not	87885
include providing transportation for a ~~handicapped~~ person with a	87886
disability;	87887

(b) Refuse to return or surrender the parking card, when	87888
required.	87889

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

87890

(a) "~~Handicapped person~~Person with a disability" means any	87891
person who has lost the use of one or both legs or one or both	87892
arms, who is blind, deaf, or so severely ~~handicapped~~disabled as	87893
to be unable to move about without the aid of crutches or a	87894
wheelchair, or whose mobility is restricted by a permanent	87895
cardiovascular, pulmonary, or other ~~handicapping~~disabling	87896
condition.	87897

(b) "Organization" means any private organization or	87898
corporation, or any governmental board, agency, department,	87899
division, or office, that, as part of its business or program,	87900
transports ~~handicapped~~ persons with disabilities on a regular	87901
basis in a motor vehicle that has not been altered for the	87902
purposes of providing it with special equipment for use by	87903
~~handicapped~~ persons with disabilities.	87904

(L) If a removable windshield placard, temporary removable	87905
windshield placard, or parking card is lost, destroyed, or	87906
mutilated, the placardholder or cardholder may obtain a duplicate	87907
by doing both of the following:	87908

(1) Furnishing suitable proof of the loss, destruction, or	87909
mutilation to the registrar;	87910

(2) Paying a service fee equal to the amount specified in	87911
division (D) or (G) of section 4503.10 of the Revised Code.	87912

Any placardholder or cardholder who loses a placard or card	87913
and, after obtaining a duplicate, finds the original, immediately	87914
shall surrender the original placard or card to the registrar.	87915

(M) The registrar shall pay all fees received under this	87916
section for the issuance of removable windshield placards or	87917
temporary removable windshield placards or duplicate removable	87918
windshield placards or cards into the state treasury to the credit	87919
of the state bureau of motor vehicles fund created in section	87920
4501.25 of the Revised Code.	87921

(N) In addition to the fees collected under this section, the	87922
registrar or deputy registrar shall ask each person applying for a	87923
removable windshield placard or temporary removable windshield	87924
placard or duplicate removable windshield placard or license plate	87925
issued under this section, whether the person wishes to make a	87926
two-dollar voluntary contribution to support rehabilitation	87927
employment services. The registrar shall transmit the	87928
contributions received under this division to the treasurer of	87929
state for deposit into the rehabilitation employment fund, which	87930
is hereby created in the state treasury. A deputy registrar shall	87931
transmit the contributions received under this division to the	87932
registrar in the time and manner prescribed by the registrar. The	87933
contributions in the fund shall be used by the ~~rehabilitation~~	87934
~~services commission~~opportunities for Ohioans with disabilities	87935
agency to purchase services related to vocational evaluation, work	87936
adjustment, personal adjustment, job placement, job coaching, and	87937
community-based assessment from accredited community	87938
rehabilitation program facilities.	87939

(O) For purposes of enforcing this section, every peace	87940
officer is deemed to be an agent of the registrar. Any peace	87941
officer or any authorized employee of the bureau of motor vehicles	87942
who, in the performance of duties authorized by law, becomes aware	87943
of a person whose placard or parking card has been revoked	87944
pursuant to this section, may confiscate that placard or parking	87945
card and return it to the registrar. The registrar shall prescribe	87946
any forms used by law enforcement agencies in administering this	87947
section.	87948

No peace officer, law enforcement agency employing a peace	87949
officer, or political subdivision or governmental agency employing	87950
a peace officer, and no employee of the bureau is liable in a	87951
civil action for damages or loss to persons arising out of the	87952
performance of any duty required or authorized by this section. As	87953
used in this division, "peace officer" has the same meaning as in	87954
division (B) of section 2935.01 of the Revised Code.	87955

(P) All applications for registration of motor vehicles,	87956
removable windshield placards, and temporary removable windshield	87957
placards issued under this section, all renewal notices for such	87958
items, and all other publications issued by the bureau that relate	87959
to this section shall set forth the criminal penalties that may be	87960
imposed upon a person who violates any provision relating to	87961
special license plates issued under this section, the parking of	87962
vehicles displaying such license plates, and the issuance,	87963
procurement, use, and display of removable windshield placards and	87964
temporary removable windshield placards issued under this section.	87965

(Q) Whoever violates this section is guilty of a misdemeanor	87966
of the fourth degree.	87967

Sec. 4503.524. (A) The owner or lessee of any passenger car,	87968
noncommercial motor vehicle, recreational vehicle, or other	87969
vehicle of a class approved by the registrar of motor vehicles may	87970
apply to the registrar for the registration of the vehicle and	87971
issuance of "Massillon tiger football booster club" license	87972
plates. The application for "Massillon tiger football booster	87973
club" license plates may be combined with a request for a special	87974
reserved license plate under section 4503.40 or 4503.42 of the	87975
Revised Code. Upon receipt of the completed application and	87976
compliance with division (B) of this section, the registrar shall	87977
issue to the applicant the appropriate vehicle registration and a	87978
set of "Massillon tiger football booster club" license plates with	87979
a validation sticker or a validation sticker alone when required	87980
by section 4503.191 of the Revised Code. In addition to the	87981
letters and numbers ordinarily inscribed thereon, "Massillon tiger	87982
football booster club" license plates shall be inscribed with	87983
words and markings selected and designed by the Massillon tiger	87984
football booster club and approved by the registrar. "Massillon	87985
tiger football booster club" license plates shall bear county	87986
identification stickers that identify the county of registration	87987
by name or number.	87988

(B) "Massillon tiger football booster club" license plates	87989
and validation stickers shall be issued upon payment of the	87990
regular license tax as prescribed under section 4503.04 of the	87991
Revised Code, any applicable motor vehicle tax levied under	87992
Chapter 4504. of the Revised Code, a bureau of motor vehicles	87993
administrative fee of ten dollars, the contribution specified in	87994
division (C) of this section, and compliance with all other	87995
applicable laws relating to the registration of motor vehicles. If	87996
the application for "Massillon tiger football booster club"	87997
license plates is combined with a request for a special reserved	87998
license plate under section 4503.40 or 4503.42 of the Revised	87999
Code, the license plates and validation sticker shall be issued	88000
upon payment of the contribution, fees, and taxes contained in	88001
this division and the additional fee prescribed under section	88002
4503.40 or 4503.42 of the Revised Code.	88003

(C) For each application for registration and registration	88004
renewal submitted under this section, the registrar shall collect	88005
a contribution of twenty-five dollars. The registrar shall	88006
transmit this contribution to the treasurer of state for deposit	88007
into the license plate contribution fund created in section	88008
4501.21 of the Revised Code.	88009

The registrar shall deposit the ten-dollar bureau	88010
administrative fee, the purpose of which is to compensate the	88011
bureau for additional services required in issuing "Massillon	88012
tiger football booster club" license plates, into the state bureau	88013
of motor vehicles fund created in section 4501.25 of the Revised	88014
Code.	88015

Sec. 4503.526. (A) The owner or lessee of any passenger car,	88016
noncommercial motor vehicle, recreational vehicle, or other	88017
vehicle of a class approved by the registrar of motor vehicles may	88018
apply to the registrar for the registration of the vehicle and	88019
issuance of Kiwanis club license plates. The application for	88020
Kiwanis club license plates may be combined with a request for a	88021
special reserved license plate under section 4503.40 or 4503.42 of	88022
the Revised Code. Upon receipt of the completed application and	88023
compliance with division (B) of this section, the registrar shall	88024
issue to the applicant the appropriate vehicle registration and a	88025
set of Kiwanis club license plates with a validation sticker or a	88026
validation sticker alone when required by section 4503.191 of the	88027
Revised Code.	88028

In addition to the letters and numbers ordinarily inscribed	88029
thereon, Kiwanis club license plates shall be inscribed with words	88030
and markings selected and designed by the Ohio district of Kiwanis	88031
international. The registrar shall approve the final design.	88032
Kiwanis club license plates shall bear county identification	88033
stickers that identify the county of registration by name or	88034
number.	88035

(B) Kiwanis club license plates and validation stickers shall	88036
be issued upon payment of the regular license tax as prescribed	88037
under section 4503.04 of the Revised Code, any applicable motor	88038
vehicle tax levied under Chapter 4504. of the Revised Code, a	88039
bureau of motor vehicles administrative fee of ten dollars, the	88040
contribution specified under division (C) of this section, and	88041
compliance with all other applicable laws relating to the	88042
registration of motor vehicles. If the application for Kiwanis	88043
club license plates is combined with a request for a special	88044
reserved license plate under section 4503.40 or 4503.42 of the	88045
Revised Code, the license plates and validation sticker shall be	88046
issued upon payment of the fees and taxes contained in this	88047
division and the additional fee prescribed by section 4503.40 or	88048
4503.42 of the Revised Code.	88049

(C) For each application for registration and registration	88050
renewal received under this section, the registrar shall collect a	88051
contribution of twenty-five dollars. The registrar shall pay this	88052
contribution into the state treasury to the credit of the license	88053
plate contribution fund created in section 4501.21 of the Revised	88054
Code.	88055

The registrar shall deposit the ten-dollar bureau	88056
administrative fee, the purpose of which is to compensate the	88057
bureau for the additional services required in issuing Kiwanis	88058
club license plates, into the state treasury to the credit of the	88059
state bureau of motor vehicles fund created in section 4501.25 of	88060
the Revised Code.	88061

Sec. 4503.62. (A) Application for the registration of an	88062
apportionable vehicle shall be made to the registrar of motor	88063
vehicles in accordance with division (J) of section 4503.10 of the	88064
Revised Code.	88065

(B) Any person applying to register a vehicle or combination	88066
vehicle that has a gross vehicle weight of twenty-six thousand	88067
pounds or less or two axles, or that is a bus used in charter	88068
party service, also may register the vehicle in accordance with	88069
division (J) of section 4503.10 of the Revised Code if the vehicle	88070
is used or intended for use in two or more international	88071
registration plan member jurisdictions.	88072

(C) No later than December 31, 2011, the registrar shall	88073
adopt rules under Chapter 119. of the Revised Code to establish a	88074
program to accept applications for vehicle registration	88075
transactions of apportionable vehicles electronically over the	88076
internet. The program also may provide for vehicle registration	88077
transactions of nonapportionable commercial motor vehicles over	88078
the internet.	88079

(D) The internet registration program shall provide an option	88080
for the payment of all registration taxes and fees by use of a	88081
financial transaction device. In providing for payment by the use	88082
of a financial transaction device, the registrar ~~may, but is not~~	88083
~~required to,~~shall comply with section 113.40 of the Revised Code.	88084
~~The registrar, with the approval of the director of public safety,~~	88085
~~may contract with a third party to accept and process payments~~	88086
~~made by use of a financial transaction device on behalf of the~~	88087
~~bureau of motor vehicles.~~ All fees associated with payment by use	88088
of a financial transaction device shall be borne by the applicants	88089
seeking the registration of apportionable or other vehicles under	88090
the program established pursuant to division (C) of this section.	88091
The bureau shall not pay any costs, and shall not retain any	88092
additional fees, associated with the use of a financial	88093
transaction device.	88094

(E) As used in this section, "financial transaction device"	88095
has the same meaning as in section 113.40 of the Revised Code.	88096

Sec. 4503.732. (A) The owner or lessee of any passenger car,	88097
noncommercial motor vehicle, recreational vehicle, or other	88098
vehicle of a class approved by the registrar of motor vehicles may	88099
apply to the registrar for the registration of the vehicle and	88100
issuance of "Truth, Justice, and the American Way" license plates.	88101
The application may be combined with a request for a special	88102
reserved license plate under section 4503.40 or 4503.42 of the	88103
Revised Code. Upon receipt of an application for registration of a	88104
motor vehicle under this section, the registrar shall issue to the	88105
applicant the appropriate motor vehicle registration and a set of	88106
"Truth, Justice, and the American Way" license plates and a	88107
validation sticker, or a validation sticker alone when required by	88108
section 4503.191 of the Revised Code.	88109

In addition to the letters and numbers ordinarily inscribed	88110
on the license plates, "Truth, Justice, and the American Way"	88111
license plates shall be inscribed with the words "Truth, Justice,	88112
and the American Way" and a design, logo, or marking selected by	88113
the entity that owns the Superman name. The registrar shall	88114
approve the final design after entering into a license agreement	88115
with that entity for appropriate use of the Superman name and	88116
associated logo or marking, as applicable. The license plates	88117
shall bear county identification stickers that identify the county	88118
of registration by name or number.	88119

(B) "Truth, Justice, and the American Way" license plates and	88120
validation stickers shall be issued upon receipt of a contribution	88121
as provided in division (C)(1) of this section and upon payment of	88122
the regular license tax as prescribed under section 4503.04 of the	88123
Revised Code, any applicable motor vehicle license tax levied	88124
under Chapter 4504. of the Revised Code, and a bureau of motor	88125
vehicles administrative fee of ten dollars. The applicant shall	88126
comply with all other applicable laws relating to the registration	88127
of motor vehicles. If the application for "Truth, Justice, and the	88128
American Way" license plates is combined with a request for a	88129
special reserved license plate under section 4503.40 or 4503.42 of	88130
the Revised Code, the license plates and validation sticker shall	88131
be issued upon payment of the fees and taxes specified in this	88132
division and the additional fee prescribed under section 4503.40	88133
or 4503.42 of the Revised Code.	88134

(C)(1) For each application for registration and registration	88135
renewal notice the registrar receives under this section, the	88136
registrar shall collect a contribution of ten dollars. The	88137
registrar shall pay this contribution into the state treasury to	88138
the credit of the license plate contribution fund created in	88139
section 4501.21 of the Revised Code.	88140

(2) The registrar shall pay into the state treasury the	88141
ten-dollar bureau administrative fee, the purpose of which is to	88142
compensate the bureau for additional services required in issuing	88143
"Truth, Justice, and the American Way" license plates, to the	88144
credit of the state bureau of motor vehicles fund created in	88145
section 4501.25 of Revised Code.	88146

Sec. 4503.95. (A) The owner or lessee of any passenger car,	88147
noncommercial motor vehicle, recreational vehicle, or other	88148
vehicle of a class approved by the registrar of motor vehicles may	88149
apply to the registrar for the registration of the vehicle and	88150
issuance of "Ohio history" license plates. The application for	88151
"Ohio history" license plates may be combined with a request for a	88152
special reserved license plate under section 4503.40 or 4503.42 of	88153
the Revised Code. Upon receipt of the completed application and	88154
compliance with division (B) of this section, the registrar shall	88155
issue to the applicant the appropriate vehicle registration and a	88156
set of "Ohio history" license plates with a validation sticker or	88157
a validation sticker alone when required by section 4503.191 of	88158
the Revised Code. In addition to the letters and numbers	88159
ordinarily inscribed thereon, "Ohio history" license plates shall	88160
be inscribed with words and markings selected and designed by the	88161
Ohio historical society and approved by the registrar. "Ohio	88162
history" license plates shall bear county identification stickers	88163
that identify the county of registration by name or number.	88164

(B) "Ohio history" license plates and validation stickers	88165
shall be issued upon payment of the regular license tax as	88166
prescribed under section 4503.04 of the Revised Code, any	88167
applicable motor vehicle tax levied under Chapter 4504. of the	88168
Revised Code, a bureau of motor vehicles administrative fee of ten	88169
dollars, the contribution specified in division (C) of this	88170
section, and compliance with all other applicable laws relating to	88171
the registration of motor vehicles. If the application for "Ohio	88172
history" license plates is combined with a request for a special	88173
reserved license plate under section 4503.40 or 4503.42 of the	88174
Revised Code, the license plates and validation sticker shall be	88175
issued upon payment of the contribution, fees, and taxes contained	88176
in this division and the additional fee prescribed under section	88177
4503.40 or 4503.42 of the Revised Code.	88178

(C) For each application for registration and registration	88179
renewal submitted under this section, the registrar shall collect	88180
a contribution of twenty dollars. The registrar shall transmit	88181
this contribution to the treasurer of state for deposit in the	88182
Ohio history license plate contribution fund created in section	88183
149.307 of the Revised Code.	88184

The registrar shall deposit the ten-dollar bureau	88185
administrative fee, the purpose of which is to compensate the	88186
bureau for additional services required in issuing "Ohio history"	88187
license plates, in the state bureau of motor vehicles fund created	88188
in section 4501.25 of the Revised Code.	88189

Sec. 4503.96. (A) The owner or lessee of any passenger car,	88190
noncommercial motor vehicle, recreational vehicle, or other	88191
vehicle of a class approved by the registrar of motor vehicles may	88192
apply to the registrar for the registration of the vehicle and	88193
issuance of Ohio coal license plates. An application made under	88194
this section may be combined with a request for a special reserved	88195
license plate under section 4503.40 or 4503.42 of the Revised	88196
Code. Upon receipt of the completed application and compliance by	88197
the applicant with divisions (B) and (C) of this section, the	88198
registrar shall issue to the applicant the appropriate vehicle	88199
registration and a set of Ohio coal license plates and a	88200
validation sticker, or a validation sticker alone when required by	88201
section 4503.191 of the Revised Code.	88202

In addition to the letters and numbers ordinarily inscribed	88203
on the license plates, Ohio coal license plates shall be inscribed	88204
with identifying words or markings that are designed by the Ohio	88205
coal association and approved by the registrar. Ohio coal license	88206
plates shall display county identification stickers that identify	88207
the county of registration by name or number.	88208

(B) Ohio coal license plates and validation stickers shall be	88209
issued upon payment of the regular license tax as prescribed under	88210
section 4503.04 of the Revised Code, any applicable motor vehicle	88211
license tax levied under Chapter 4504. of the Revised Code, and a	88212
bureau of motor vehicles administrative fee of ten dollars. The	88213
applicant shall comply with all other applicable laws relating to	88214
the registration of motor vehicles. If the application for Ohio	88215
coal license plates is combined with a request for a special	88216
reserved license plate under section 4503.40 or 4503.42 of the	88217
Revised Code, the license plates and validation sticker shall be	88218
issued upon payment of the fees and taxes specified in this	88219
division and the additional fee prescribed under section 4503.40	88220
or 4503.42 of the Revised Code.	88221

(C) The registrar shall deposit into the state treasury the	88222
ten-dollar bureau administrative fee, the purpose of which is to	88223
compensate the bureau for additional services required in issuing	88224
Ohio coal license plates, to the credit of the state bureau of	88225
motor vehicles fund created in section 4501.25 of Revised Code.	88226

Sec. 4505.02. The registrar of motor vehicles shall issue	88227
rules as the registrar determines necessary to ensure uniform and	88228
orderly operation of this chapter and to ensure that the	88229
identification of each applicant for a certificate of title is	88230
reasonably accurate. The clerks of the courts of common pleas	88231
shall conform thereto. The clerks shall provide the forms as	88232
prescribed by the registrar, except the manufacturers' or	88233
importers' certificates. The clerks shall provide, from moneys in	88234
the automated title processing fund, certificates of title and	88235
ribbons, cartridges, or other devices necessary for the operation	88236
of the certificate of title processing equipment as determined by	88237
the automated title processing board pursuant to division (C) of	88238
section 4505.09 of the Revised Code. All other automated title	88239
processing system supplies shall be provided by the clerks.	88240

If it appears that any certificate of title has been	88241
improperly issued, the registrar shall cancel the certificate.	88242
Upon the cancellation of any certificate of title, the registrar	88243
shall notify the clerk who issued it, and the clerk thereupon	88244
shall enter the cancellation upon the clerk's records. The	88245
registrar also shall notify the person to whom such certificate of	88246
title was issued, as well as any lienholders appearing thereon, of	88247
the cancellation and shall demand the surrender of the certificate	88248
of title immediately, but the cancellation shall not affect the	88249
validity of any lien noted thereon. The holder of such certificate	88250
of title immediately shall return it to the registrar. If a	88251
certificate of registration has been issued to the holder of a	88252
certificate of title so canceled the registrar immediately shall	88253
cancel it and demand the return of such certificate of	88254
registration and license plates, and the holder of such	88255
certificate of registration and license plates shall return the	88256
same to the registrar forthwith. The clerks shall keep on hand a	88257
sufficient supply of blank forms, which, except for certificate of	88258
title and memorandum certificate forms, shall be furnished and	88259
distributed without charge to registered manufacturers or dealers,	88260
or other persons residing within the county.	88261

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	88262
shall charge and retain fees as follows:	88263

(a) Five dollars for each certificate of title that is not	88264
applied for within thirty days after the later of the assignment	88265
or delivery of the motor vehicle described in it. The entire fee	88266
shall be retained by the clerk.	88267

(b) Fifteen dollars for each certificate of title or	88268
duplicate certificate of title including the issuance of a	88269
memorandum certificate of title, or authorization to print a	88270
non-negotiable evidence of ownership described in division (G) of	88271
section 4505.08 of the Revised Code, non-negotiable evidence of	88272
ownership printed by the clerk under division (H) of that section,	88273
and notation of any lien on a certificate of title that is applied	88274
for at the same time as the certificate of title. The clerk shall	88275
retain eleven dollars and fifty cents of that fee for each	88276
certificate of title when there is a notation of a lien or	88277
security interest on the certificate of title, twelve dollars and	88278
twenty-five cents when there is no lien or security interest noted	88279
on the certificate of title, and eleven dollars and fifty cents	88280
for each duplicate certificate of title.	88281

(c) Four dollars and fifty cents for each certificate of	88282
title with no security interest noted that is issued to a licensed	88283
motor vehicle dealer for resale purposes and, in addition, a	88284
separate fee of fifty cents. The clerk shall retain two dollars	88285
and twenty-five cents of that fee.	88286

(d) Five dollars for each memorandum certificate of title or	88287
non-negotiable evidence of ownership that is applied for	88288
separately. The clerk shall retain that entire fee.	88289

(2) The fees that are not retained by the clerk shall be paid	88290
to the registrar of motor vehicles by monthly returns, which shall	88291
be forwarded to the registrar not later than the fifth day of the	88292
month next succeeding that in which the certificate is issued or	88293
that in which the registrar is notified of a lien or cancellation	88294
of a lien.	88295

(B)(1) The registrar shall pay twenty-five cents of the	88296
amount received for each certificate of title issued to a motor	88297
vehicle dealer for resale, one dollar for certificates of title	88298
issued with a lien or security interest noted on the certificate	88299
of title, and twenty-five cents for each certificate of title with	88300
no lien or security interest noted on the certificate of title	88301
into the state bureau of motor vehicles fund established in	88302
section 4501.25 of the Revised Code.	88303

(2) Fifty cents of the amount received for each certificate	88304
of title shall be paid by the registrar as follows:	88305

(a) Four cents shall be paid into the state treasury to the	88306
credit of the motor vehicle dealers board fund, which is hereby	88307
created. All investment earnings of the fund shall be credited to	88308
the fund. The moneys in the motor vehicle dealers board fund shall	88309
be used by the motor vehicle dealers board created under section	88310
4517.30 of the Revised Code, together with other moneys	88311
appropriated to it, in the exercise of its powers and the	88312
performance of its duties under Chapter 4517. of the Revised Code,	88313
except that the director of budget and management may transfer	88314
excess money from the motor vehicle dealers board fund to the	88315
bureau of motor vehicles fund if the registrar determines that the	88316
amount of money in the motor vehicle dealers board fund, together	88317
with other moneys appropriated to the board, exceeds the amount	88318
required for the exercise of its powers and the performance of its	88319
duties under Chapter 4517. of the Revised Code and requests the	88320
director to make the transfer.	88321

(b) Twenty-one cents shall be paid into the highway operating	88322
fund.	88323

(c) Twenty-five cents shall be paid into the state treasury	88324
to the credit of the motor vehicle sales audit fund, which is	88325
hereby created. The moneys in the fund shall be used by the tax	88326
commissioner together with other funds available to the	88327
commissioner to conduct a continuing investigation of sales and	88328
use tax returns filed for motor vehicles in order to determine if	88329
sales and use tax liability has been satisfied. The commissioner	88330
shall refer cases of apparent violations of section 2921.13 of the	88331
Revised Code made in connection with the titling or sale of a	88332
motor vehicle and cases of any other apparent violations of the	88333
sales or use tax law to the appropriate county prosecutor whenever	88334
the commissioner considers it advisable.	88335

(3) Two dollars of the amount received by the registrar under	88336
divisions (A)(1)(a), (b), and (d) of this section and one dollar	88337
and fifty cents of the amount received by the registrar under	88338
division (A)(1)(c) of this section for each certificate of title	88339
shall be paid into the state treasury to the credit of the	88340
automated title processing fund, which is hereby created and which	88341
shall consist of moneys collected under division (B)(3) of this	88342
section and under sections 1548.10 and 4519.59 of the Revised	88343
Code. All investment earnings of the fund shall be credited to the	88344
fund. The moneys in the fund shall be used as follows:	88345

(a) Except for moneys collected under section 1548.10 of the	88346
Revised Code and as provided in division (B)(3)(c) of this	88347
section, moneys collected under division (B)(3) of this section	88348
shall be used to implement and maintain an automated title	88349
processing system for the issuance of motor vehicle, off-highway	88350
motorcycle, and all-purpose vehicle certificates of title in the	88351
offices of the clerks of the courts of common pleas.	88352

(b) Moneys collected under section 1548.10 of the Revised	88353
Code shall be used to issue marine certificates of title in the	88354
offices of the clerks of the courts of common pleas as provided in	88355
Chapter 1548. of the Revised Code.	88356

(c) Moneys collected under division (B)(3) of this section	88357
shall be used in accordance with section 4505.25 of the Revised	88358
Code to implement Sub. S.B. 59 of the 124th general assembly.	88359

(4) The registrar shall pay the fifty-cent separate fee	88360
collected from a licensed motor vehicle dealer under division	88361
(A)(1)(c) of this section into the title defect recision fund	88362
created by section 1345.52 of the Revised Code.	88363

(C)(1) The automated title processing board is hereby created	88364
consisting of the registrar or the registrar's representative, a	88365
person selected by the registrar, the president of the Ohio clerks	88366
of court association or the president's representative, and two	88367
clerks of courts of common pleas appointed by the governor. The	88368
director of budget and management or the director's designee, the	88369
chief of the division of watercraft in the department of natural	88370
resources or the chief's designee, and the tax commissioner or the	88371
commissioner's designee shall be nonvoting members of the board.	88372
The purpose of the board is to facilitate the operation and	88373
maintenance of an automated title processing system and approve	88374
the procurement of automated title processing system equipment and	88375
ribbons, cartridges, or other devices necessary for the operation	88376
of that equipment. Voting members of the board, excluding the	88377
registrar or the registrar's representative, shall serve without	88378
compensation, but shall be reimbursed for travel and other	88379
necessary expenses incurred in the conduct of their official	88380
duties. The registrar or the registrar's representative shall	88381
receive neither compensation nor reimbursement as a board member.	88382

(2) The automated title processing board shall determine each	88383
of the following:	88384

(a) The automated title processing equipment and certificates	88385
of title requirements for each county;	88386

(b) The payment of expenses that may be incurred by the	88387
counties in implementing an automated title processing system;	88388

(c) The repayment to the counties for existing title	88389
processing equipment.	88390

(3) The registrar shall purchase, lease, or otherwise acquire	88391
any automated title processing equipment and certificates of title	88392
that the board determines are necessary from moneys in the	88393
automated title processing fund established by division (B)(3) of	88394
this section.	88395

(D) All counties shall conform to the requirements of the	88396
registrar regarding the operation of their automated title	88397
processing system for motor vehicle titles, certificates of title	88398
for off-highway motorcycles and all-purpose vehicles, and	88399
certificates of title for watercraft and outboard motors.	88400

Sec. 4506.07. (A) Every application for a commercial	88401
driver's license, restricted commercial driver's license, or a	88402
commercial driver's temporary instruction permit, or a duplicate	88403
of such a license, shall be made upon a form approved and	88404
furnished by the registrar of motor vehicles. Except as provided	88405
in section 4506.24 of the Revised Code in regard to a restricted	88406
commercial driver's license, the application shall be signed by	88407
the applicant and shall contain the following information:	88408

(1) The applicant's name, date of birth, social security	88409
account number, sex, general description including height, weight,	88410
and color of hair and eyes, current residence, duration of	88411
residence in this state, country of citizenship, and occupation;	88412

(2) Whether the applicant previously has been licensed to	88413
operate a commercial motor vehicle or any other type of motor	88414
vehicle in another state or a foreign jurisdiction and, if so,	88415
when, by what state, and whether the license or driving privileges	88416
currently are suspended or revoked in any jurisdiction, or the	88417
applicant otherwise has been disqualified from operating a	88418
commercial motor vehicle, or is subject to an out-of-service order	88419
issued under this chapter or any similar law of another state or a	88420
foreign jurisdiction and, if so, the date of, locations involved,	88421
and reason for the suspension, revocation, disqualification, or	88422
out-of-service order;	88423

(3) Whether the applicant is afflicted with or suffering from	88424
any physical or mental disability or disease that prevents the	88425
applicant from exercising reasonable and ordinary control over a	88426
motor vehicle while operating it upon a highway or is or has been	88427
subject to any condition resulting in episodic impairment of	88428
consciousness or loss of muscular control and, if so, the nature	88429
and extent of the disability, disease, or condition, and the names	88430
and addresses of the physicians attending the applicant;	88431

(4) Whether the applicant has obtained a medical examiner's	88432
certificate as required by this chapter and, beginning January 30,	88433
2012, the applicant, prior to or at the time of applying, has	88434
self-certified to the registrar the applicable status of the	88435
applicant under division (A)(2) of section 4506.10 of the Revised	88436
Code;	88437

(5) Whether the applicant has pending a citation for	88438
violation of any motor vehicle law or ordinance except a parking	88439
violation and, if so, a description of the citation, the court	88440
having jurisdiction of the offense, and the date when the offense	88441
occurred;	88442

(6) ~~Whether~~If an applicant has not certified the applicant's	88443
willingness to make an anatomical gift under section 2108.05 of	88444
the Revised Code, whether the applicant wishes to certify	88445
willingness to make such an anatomical gift ~~under section 2108.05~~	88446
~~of the Revised Code~~, which shall be given no consideration in the	88447
issuance of a license;	88448

(7) On and after May 1, 1993, whether the applicant has	88449
executed a valid durable power of attorney for health care	88450
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88451
executed a declaration governing the use or continuation, or the	88452
withholding or withdrawal, of life-sustaining treatment pursuant	88453
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88454
applicant has executed either type of instrument, whether the	88455
applicant wishes the license issued to indicate that the applicant	88456
has executed the instrument;	88457

(8) On and after October 7, 2009, whether the applicant is a	88458
veteran, active duty, or reservist of the armed forces of the	88459
United States and, if the applicant is such, whether the applicant	88460
wishes the license issued to indicate that the applicant is a	88461
veteran, active duty, or reservist of the armed forces of the	88462
United States by a military designation on the license.	88463

(B) Every applicant shall certify, on a form approved and	88464
furnished by the registrar, all of the following:	88465

(1) That the motor vehicle in which the applicant intends to	88466
take the driving skills test is representative of the type of	88467
motor vehicle that the applicant expects to operate as a driver;	88468

(2) That the applicant is not subject to any disqualification	88469
or out-of-service order, or license suspension, revocation, or	88470
cancellation, under the laws of this state, of another state, or	88471
of a foreign jurisdiction and does not have more than one driver's	88472
license issued by this or another state or a foreign jurisdiction;	88473

(3) Any additional information, certification, or evidence	88474
that the registrar requires by rule in order to ensure that the	88475
issuance of a commercial driver's license to the applicant is in	88476
compliance with the law of this state and with federal law.	88477

(C) Every applicant shall execute a form, approved and	88478
furnished by the registrar, under which the applicant consents to	88479
the release by the registrar of information from the applicant's	88480
driving record.	88481

(D) The registrar or a deputy registrar, in accordance with	88482
section 3503.11 of the Revised Code, shall register as an elector	88483
any applicant for a commercial driver's license or for a renewal	88484
or duplicate of such a license under this chapter, if the	88485
applicant is eligible and wishes to be registered as an elector.	88486
The decision of an applicant whether to register as an elector	88487
shall be given no consideration in the decision of whether to	88488
issue the applicant a license or a renewal or duplicate.	88489

(E) The registrar or a deputy registrar, in accordance with	88490
section 3503.11 of the Revised Code, shall offer the opportunity	88491
of completing a notice of change of residence or change of name to	88492
any applicant for a commercial driver's license or for a renewal	88493
or duplicate of such a license who is a resident of this state, if	88494
the applicant is a registered elector who has changed the	88495
applicant's residence or name and has not filed such a notice.	88496

(F) In considering any application submitted pursuant to this	88497
section, the bureau of motor vehicles may conduct any inquiries	88498
necessary to ensure that issuance or renewal of a commercial	88499
driver's license would not violate any provision of the Revised	88500
Code or federal law.	88501

(G) In addition to any other information it contains, on and	88502
after October 7, 2009, the form approved and furnished by the	88503
registrar of motor vehicles for an application for a commercial	88504
driver's license, restricted commercial driver's license, or a	88505
commercial driver's temporary instruction permit or an application	88506
for a duplicate of such a license shall inform applicants that the	88507
applicant must present a copy of the applicant's DD-214 or an	88508
equivalent document in order to qualify to have the license or	88509
duplicate indicate that the applicant is a veteran, active duty,	88510
or reservist of the armed forces of the United States based on a	88511
request made pursuant to division (A)(8) of this section.	88512

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	88513
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	88514
and "highways" have the same meanings as in section 4501.01 of the	88515
Revised Code.	88516

"Driver's license" means a class D license issued to any	88517
person to operate a motor vehicle or motor-driven cycle, other	88518
than a commercial motor vehicle, and includes "probationary	88519
license," "restricted license," and any operator's or chauffeur's	88520
license issued before January 1, 1990.	88521

"Probationary license" means the license issued to any person	88522
between sixteen and eighteen years of age to operate a motor	88523
vehicle.	88524

"Restricted license" means the license issued to any person	88525
to operate a motor vehicle subject to conditions or restrictions	88526
imposed by the registrar of motor vehicles.	88527

"Commercial driver's license" means the license issued to a	88528
person under Chapter 4506. of the Revised Code to operate a	88529
commercial motor vehicle.	88530

"Commercial motor vehicle" has the same meaning as in section	88531
4506.01 of the Revised Code.	88532

"Motorized bicycle license" means the license issued under	88533
section 4511.521 of the Revised Code to any person to operate a	88534
motorized bicycle including a "probationary motorized bicycle	88535
license."	88536

"Probationary motorized bicycle license" means the license	88537
issued under section 4511.521 of the Revised Code to any person	88538
between fourteen and sixteen years of age to operate a motorized	88539
bicycle.	88540

"Identification card" means a card issued under sections	88541
4507.50 and 4507.51 of the Revised Code.	88542

"Resident" means a person who, in accordance with standards	88543
prescribed in rules adopted by the registrar, resides in this	88544
state on a permanent basis.	88545

"Temporary resident" means a person who, in accordance with	88546
standards prescribed in rules adopted by the registrar, resides in	88547
this state on a temporary basis.	88548

(B) In the administration of this chapter and Chapter 4506.	88549
of the Revised Code, the registrar has the same authority as is	88550
conferred on the registrar by section 4501.02 of the Revised Code.	88551
Any act of an authorized deputy registrar of motor vehicles under	88552
direction of the registrar is deemed the act of the registrar.	88553

To carry out this chapter, the registrar shall appoint such	88554
deputy registrars ~~in each county~~ as are necessary.	88555

The registrar also shall provide at each place where an	88556
application for a driver's or commercial driver's license or	88557
identification card may be made the necessary equipment to take a	88558
color photograph of the applicant for such license or card as	88559
required under section 4506.11 or 4507.06 of the Revised Code, and	88560
to conduct the vision screenings required by section 4507.12 of	88561
the Revised Code, and equipment to laminate licenses, motorized	88562
bicycle licenses, and identification cards as required by sections	88563
4507.13, 4507.52, and 4511.521 of the Revised Code.	88564

The registrar shall assign one or more deputy registrars to	88565
any driver's license examining station operated under the	88566
supervision of the director of public safety, whenever the	88567
registrar considers such assignment possible. Space shall be	88568
provided in the driver's license examining station for any such	88569
deputy registrar so assigned. The deputy registrars shall not	88570
exercise the powers conferred by such sections upon the registrar,	88571
unless they are specifically authorized to exercise such powers by	88572
such sections.	88573

(C) No agent for any insurance company, writing automobile	88574
insurance, shall be appointed deputy registrar, and any such	88575
appointment is void. No deputy registrar shall in any manner	88576
solicit any form of automobile insurance, nor in any manner	88577
advise, suggest, or influence any licensee or applicant for	88578
license for or against any kind or type of automobile insurance,	88579
insurance company, or agent, nor have the deputy registrar's	88580
office directly connected with the office of any automobile	88581
insurance agent, nor impart any information furnished by any	88582
applicant for a license or identification card to any person,	88583
except the registrar. This division shall not apply to any	88584
nonprofit corporation appointed deputy registrar.	88585

(D) The registrar shall immediately remove a deputy registrar	88586
who violates the requirements of this chapter.	88587

(E) The registrar shall periodically solicit bids and enter	88588
into a contract for the provision of laminating equipment and	88589
laminating materials to the registrar and all deputy registrars.	88590
The registrar shall not consider any bid that does not provide for	88591
the supplying of both laminating equipment and laminating	88592
materials. The laminating materials selected shall contain a	88593
security feature so that any tampering with the laminating	88594
material covering a license or identification card is readily	88595
apparent. In soliciting bids and entering into a contract for the	88596
provision of laminating equipment and laminating materials, the	88597
registrar shall observe all procedures required by law.	88598

Sec. 4507.06. (A)(1) Every application for a driver's	88599
license or motorcycle operator's license or endorsement, or	88600
duplicate of any such license or endorsement, shall be made upon	88601
the approved form furnished by the registrar of motor vehicles and	88602
shall be signed by the applicant.	88603

Every application shall state the following:

88604

(a) The applicant's name, date of birth, social security	88605
number if such has been assigned, sex, general description,	88606
including height, weight, color of hair, and eyes, residence	88607
address, including county of residence, duration of residence in	88608
this state, and country of citizenship;	88609

(b) Whether the applicant previously has been licensed as an	88610
operator, chauffeur, driver, commercial driver, or motorcycle	88611
operator and, if so, when, by what state, and whether such license	88612
is suspended or canceled at the present time and, if so, the date	88613
of and reason for the suspension or cancellation;	88614

(c) Whether the applicant is now or ever has been afflicted	88615
with epilepsy, or whether the applicant now is suffering from any	88616
physical or mental disability or disease and, if so, the nature	88617
and extent of the disability or disease, giving the names and	88618
addresses of physicians then or previously in attendance upon the	88619
applicant;	88620

(d) Whether an applicant for a duplicate driver's license, or	88621
duplicate license containing a motorcycle operator endorsement has	88622
pending a citation for violation of any motor vehicle law or	88623
ordinance, a description of any such citation pending, and the	88624
date of the citation;	88625

(e) ~~Whether~~If an applicant has not certified the applicant's	88626
willingness to make an anatomical gift under section 2108.05 of	88627
the Revised Code, whether the applicant wishes to certify	88628
willingness to make such an anatomical gift ~~under section 2108.05~~	88629
~~of the Revised Code~~, which shall be given no consideration in the	88630
issuance of a license or endorsement;	88631

(f) Whether the applicant has executed a valid durable power	88632
of attorney for health care pursuant to sections 1337.11 to	88633
1337.17 of the Revised Code or has executed a declaration	88634
governing the use or continuation, or the withholding or	88635
withdrawal, of life-sustaining treatment pursuant to sections	88636
2133.01 to 2133.15 of the Revised Code and, if the applicant has	88637
executed either type of instrument, whether the applicant wishes	88638
the applicant's license to indicate that the applicant has	88639
executed the instrument;	88640

(g) On and after October 7, 2009, whether the applicant is a	88641
veteran, active duty, or reservist of the armed forces of the	88642
United States and, if the applicant is such, whether the applicant	88643
wishes the applicant's license to indicate that the applicant is a	88644
veteran, active duty, or reservist of the armed forces of the	88645
United States by a military designation on the license.	88646

(2) Every applicant for a driver's license shall be	88647
photographed in color at the time the application for the license	88648
is made. The application shall state any additional information	88649
that the registrar requires.	88650

(B) The registrar or a deputy registrar, in accordance with	88651
section 3503.11 of the Revised Code, shall register as an elector	88652
any person who applies for a driver's license or motorcycle	88653
operator's license or endorsement under division (A) of this	88654
section, or for a renewal or duplicate of the license or	88655
endorsement, if the applicant is eligible and wishes to be	88656
registered as an elector. The decision of an applicant whether to	88657
register as an elector shall be given no consideration in the	88658
decision of whether to issue the applicant a license or	88659
endorsement, or a renewal or duplicate.	88660

(C) The registrar or a deputy registrar, in accordance with	88661
section 3503.11 of the Revised Code, shall offer the opportunity	88662
of completing a notice of change of residence or change of name to	88663
any applicant for a driver's license or endorsement under division	88664
(A) of this section, or for a renewal or duplicate of the license	88665
or endorsement, if the applicant is a registered elector who has	88666
changed the applicant's residence or name and has not filed such a	88667
notice.	88668

(D) In addition to any other information it contains, on and	88669
after October 7, 2009, the approved form furnished by the	88670
registrar of motor vehicles for an application for a driver's	88671
license or motorcycle operator's license or endorsement or an	88672
application for a duplicate of any such license or endorsement	88673
shall inform applicants that the applicant must present a copy of	88674
the applicant's DD-214 or an equivalent document in order to	88675
qualify to have the license or duplicate indicate that the	88676
applicant is a veteran, active duty, or reservist of the armed	88677
forces of the United States based on a request made pursuant to	88678
division (A)(1)(g) of this section.	88679

Sec. 4507.51. (A)(1) Every application for an identification	88680
card or duplicate shall be made on a form furnished by the	88681
registrar of motor vehicles, shall be signed by the applicant, and	88682
by the applicant's parent or guardian if the applicant is under	88683
eighteen years of age, and shall contain the following information	88684
pertaining to the applicant: name, date of birth, sex, general	88685
description including the applicant's height, weight, hair color,	88686
and eye color, address, and social security number. The	88687
application also shall ~~state~~include, for an applicant who has not	88688
already certified the applicant's willingness to make an	88689
anatomical gift under section 2108.05 of the Revised Code, whether	88690
anthe applicant wishes to certify willingness to make such an	88691
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	88692
shall include information about the requirements of sections	88693
2108.01 to 2108.29 of the Revised Code that apply to persons who	88694
are less than eighteen years of age. The statement regarding	88695
willingness to make such a donation shall be given no	88696
consideration in the decision of whether to issue an	88697
identification card. Each applicant shall be photographed in color	88698
at the time of making application.	88699

(2)(a) The application also shall state whether the applicant	88700
has executed a valid durable power of attorney for health care	88701
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88702
executed a declaration governing the use or continuation, or the	88703
withholding or withdrawal, of life-sustaining treatment pursuant	88704
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88705
applicant has executed either type of instrument, whether the	88706
applicant wishes the identification card issued to indicate that	88707
the applicant has executed the instrument.	88708

(b) On and after October 7, 2009, the application also shall	88709
state whether the applicant is a veteran, active duty, or	88710
reservist of the armed forces of the United States and, if the	88711
applicant is such, whether the applicant wishes the identification	88712
card issued to indicate that the applicant is a veteran, active	88713
duty, or reservist of the armed forces of the United States by a	88714
military designation on the identification card.	88715

(3) The registrar or deputy registrar, in accordance with	88716
section 3503.11 of the Revised Code, shall register as an elector	88717
any person who applies for an identification card or duplicate if	88718
the applicant is eligible and wishes to be registered as an	88719
elector. The decision of an applicant whether to register as an	88720
elector shall be given no consideration in the decision of whether	88721
to issue the applicant an identification card or duplicate.	88722

(B) The application for an identification card or duplicate	88723
shall be filed in the office of the registrar or deputy registrar.	88724
Each applicant shall present documentary evidence as required by	88725
the registrar of the applicant's age and identity, and the	88726
applicant shall swear that all information given is true. An	88727
identification card issued by the department of rehabilitation and	88728
correction under section 5120.59 of the Revised Code or an	88729
identification card issued by the department of youth services	88730
under section 5139.511 of the Revised Code shall be sufficient	88731
documentary evidence under this division upon verification of the	88732
applicant's social security number by the registrar or a deputy	88733
registrar. Upon issuing an identification card under this section	88734
for a person who has been issued an identification card under	88735
section 5120.59 or section 5139.511 of the Revised Code, the	88736
registrar or deputy registrar shall destroy the identification	88737
card issued under section 5120.59 or section 5139.511 of the	88738
Revised Code.	88739

All applications for an identification card or duplicate	88740
shall be filed in duplicate, and if submitted to a deputy	88741
registrar, a copy shall be forwarded to the registrar. The	88742
registrar shall prescribe rules for the manner in which a deputy	88743
registrar is to file and maintain applications and other records.	88744
The registrar shall maintain a suitable, indexed record of all	88745
applications denied and cards issued or canceled.	88746

(C) In addition to any other information it contains, on and	88747
after the date that is fifteen months after April 7, 2009, the	88748
form furnished by the registrar of motor vehicles for an	88749
application for an identification card or duplicate shall inform	88750
applicants that the applicant must present a copy of the	88751
applicant's DD-214 or an equivalent document in order to qualify	88752
to have the card or duplicate indicate that the applicant is an	88753
honorably discharged veteran of the armed forces of the United	88754
States based on a request made pursuant to division (A)(2)(b) of	88755
this section.	88756

Sec. 4510.038. (A) Any person whose driver's or commercial	88757
driver's license or permit is suspended or who is granted limited	88758
driving privileges under section 4510.037, under division (H) of	88759
section 4511.19, or under section 4510.07 of the Revised Code for	88760
a violation of a municipal ordinance that is substantially	88761
equivalent to division (B) of section 4511.19 of the Revised Code	88762
is not eligible to retain the license, or to have the driving	88763
privileges reinstated, until each of the following has occurred:	88764

(1) The person successfully completes a course of remedial	88765
driving instruction approved by the director of public safety. A	88766
minimum of twenty-five per cent of the number of hours of	88767
instruction included in the course shall be devoted to instruction	88768
on driver attitude.	88769

The course also shall devote a number of hours to instruction	88770
in the area of alcohol and drugs and the operation of vehicles.	88771
The instruction shall include, but not be limited to, a review of	88772
the laws governing the operation of a vehicle while under the	88773
influence of alcohol, drugs, or a combination of them, the dangers	88774
of operating a vehicle while under the influence of alcohol,	88775
drugs, or a combination of them, and other information relating to	88776
the operation of vehicles and the consumption of alcoholic	88777
beverages and use of drugs. The director, in consultation with the	88778
director of ~~alcohol and drug addiction services~~mental health and	88779
addiction services, shall prescribe the content of the	88780
instruction. The number of hours devoted to the area of alcohol	88781
and drugs and the operation of vehicles shall comprise a minimum	88782
of twenty-five per cent of the number of hours of instruction	88783
included in the course.	88784

(2) The person is examined in the manner provided for in	88785
section 4507.20 of the Revised Code, and found by the registrar of	88786
motor vehicles to be qualified to operate a motor vehicle;	88787

(3) The person gives and maintains proof of financial	88788
responsibility, in accordance with section 4509.45 of the Revised	88789
Code.	88790

(B)(1) Except as provided in division (B)(2) of this section,	88791
any course of remedial driving instruction the director of public	88792
safety approves under this section shall require its students to	88793
attend at least fifty per cent of the course in person and the	88794
director shall not approve any course of remedial driving	88795
instruction that permits its students to take more than fifty per	88796
cent of the course in any other manner, including via video	88797
teleconferencing or the internet.	88798

(2) The director may approve a course of remedial instruction	88799
that permits students to take the entire course via video	88800
teleconferencing or the internet.	88801

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	88802
devices that desires for its devices to be certified under section	88803
4510.43 of the Revised Code and then to be included on the list of	88804
certified devices that the department of public safety compiles	88805
and makes available to courts pursuant to that section first shall	88806
obtain a license from the department under this section. The	88807
department, in accordance with Chapter 119. of the Revised Code,	88808
shall adopt any rules that are necessary to implement this	88809
licensing requirement.	88810

(2) A manufacturer shall apply to the department for the	88811
license and shall include all information the department may	88812
require by rule. Each application, including an application for	88813
license renewal, shall be accompanied by an application fee of one	88814
hundred dollars, which the department shall deposit into the state	88815
treasury to the credit of the indigent drivers alcohol treatment	88816
fund created by section 4511.191 of the Revised Code.	88817

(3) Upon receipt of a completed application, if the	88818
department finds that a manufacturer has complied with all	88819
application requirements, the department shall issue a license to	88820
the manufacturer. A manufacturer that has been issued a license	88821
under this section is eligible immediately to have the models of	88822
ignition interlock devices it produces certified under section	88823
4510.43 of the Revised Code and then included on the list of	88824
certified devices that the department compiles and makes available	88825
to courts pursuant to that section.	88826

(4)(a) A license issued under this section shall expire	88827
annually on a date selected by the department. The department	88828
shall reject the license application of a manufacturer if any of	88829
the following apply:	88830

(i) The application is not accompanied by the application	88831
fee.	88832

(ii) The department finds that the manufacturer has not	88833
complied with all application requirements.	88834

(iii) The license application is a renewal application and	88835
the manufacturer failed to file the annual report or failed to pay	88836
the fee as required by division (B) of this section.	88837

(b) A manufacturer whose license application is rejected by	88838
the department may appeal the decision to the director of public	88839
safety. The director or the director's designee shall hold a	88840
hearing on the matter not more than thirty days from the date of	88841
the manufacturer's appeal. If the director or the director's	88842
designee upholds the denial of the manufacturer's application for	88843
a license, the manufacturer may appeal the decision to the	88844
Franklin county court of common pleas. If the director or the	88845
director's designee reverses the denial of the manufacturer's	88846
application for a license, the director or the director's designee	88847
shall issue a written order directing that the department issue a	88848
license to the manufacturer.	88849

(B) Every manufacturer of ignition interlock devices that is	88850
issued a license under this section shall file an annual report	88851
with the department on a form the department prescribes on or	88852
before a date the department prescribes. The annual report shall	88853
state the amount of net profit the manufacturer earned during a	88854
twelve-month period specified by the department that is	88855
attributable to the sales of that manufacturer's certified	88856
ignition interlock devices to purchasers in this state. Each	88857
manufacturer shall pay a fee equal to five per cent of the amount	88858
of the net profit described in this division.	88859

The department may permit annual reports to be filed via	88860
electronic means.	88861

(C) The department shall deposit all fees it receives from	88862
manufacturers under this section into the state treasury to the	88863
credit of the indigent drivers alcohol treatment fund created by	88864
section 4511.191 of the Revised Code. All money so deposited into	88865
that fund that is paid by the department of ~~alcohol and drug~~	88866
~~addiction services~~mental health and addiction services to county	88867
indigent drivers alcohol treatment funds, county juvenile indigent	88868
drivers alcohol treatment funds, and municipal indigent drivers	88869
alcohol treatment funds shall be used only as described in	88870
division (H)(3) of section 4511.191 of the Revised Code.	88871

(D)(1) The director may make an assessment, based on any	88872
information in the director's possession, against any manufacturer	88873
that fails to file an annual report or pay the fee required by	88874
division (B) of this section. The director, in accordance with	88875
Chapter 119. of the Revised Code, shall adopt rules governing	88876
assessments and assessment procedures and related provisions. In	88877
adopting these rules, the director shall incorporate the	88878
provisions of section 5751.09 of the Revised Code to the greatest	88879
extent possible, except that the director is not required to	88880
incorporate any provisions of that section that by their nature	88881
are not applicable, appropriate, or necessary to assessments made	88882
by the director under this section.	88883

(2) A manufacturer may appeal the final determination of the	88884
director regarding an assessment made by the director under this	88885
section. The director, in accordance with Chapter 119. of the	88886
Revised Code, shall adopt rules governing such appeals. In	88887
adopting these rules, the director shall incorporate the	88888
provisions of section 5717.02 of the Revised Code to the greatest	88889
extent possible, except that the director is not required to	88890
incorporate any provisions of that section that by their nature	88891
are not applicable, appropriate, or necessary to appeals of	88892
assessments made by the director under this section.	88893

(E) The director, in accordance with Chapter 119. of the	88894
Revised Code, shall adopt a penalty schedule setting forth the	88895
monetary penalties to be imposed upon a manufacturer that is	88896
issued a license under this section and fails to file an annual	88897
report or pay the fee required by division (B) of this section in	88898
a timely manner. The penalty amounts shall not exceed the maximum	88899
penalty amounts established in section 5751.06 of the Revised Code	88900
for similar or equivalent facts or circumstances.	88901

(F)(1) No manufacturer of ignition interlock devices that is	88902
required by division (B) of this section to file an annual report	88903
with the department or to pay a fee shall fail to do so as	88904
required by that division.	88905

(2) No manufacturer of ignition interlock devices that is	88906
required by division (B) of this section to file an annual report	88907
with the department shall file a report that contains incorrect or	88908
erroneous information.	88909

(G) Whoever violates division (F)(2) of this section is	88910
guilty of a misdemeanor of the first degree. The department shall	88911
remove from the list of certified devices described in division	88912
(A)(1) of this section the ignition interlock devices manufactured	88913
by a manufacturer that violates division (F)(1) or (2) of this	88914
section.	88915

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	88916
streetcar, or trackless trolley within this state, if, at the time	88917
of the operation, any of the following apply:	88918

(a) The person is under the influence of alcohol, a drug of	88919
abuse, or a combination of them.	88920

(b) The person has a concentration of eight-hundredths of one	88921
per cent or more but less than seventeen-hundredths of one per	88922
cent by weight per unit volume of alcohol in the person's whole	88923
blood.	88924

(c) The person has a concentration of ninety-six-thousandths	88925
of one per cent or more but less than two hundred four-thousandths	88926
of one per cent by weight per unit volume of alcohol in the	88927
person's blood serum or plasma.	88928

(d) The person has a concentration of eight-hundredths of one	88929
gram or more but less than seventeen-hundredths of one gram by	88930
weight of alcohol per two hundred ten liters of the person's	88931
breath.	88932

(e) The person has a concentration of eleven-hundredths of	88933
one gram or more but less than two hundred	88934
thirty-eight-thousandths of one gram by weight of alcohol per one	88935
hundred milliliters of the person's urine.	88936

(f) The person has a concentration of seventeen-hundredths of	88937
one per cent or more by weight per unit volume of alcohol in the	88938
person's whole blood.	88939

(g) The person has a concentration of two hundred	88940
four-thousandths of one per cent or more by weight per unit volume	88941
of alcohol in the person's blood serum or plasma.	88942

(h) The person has a concentration of seventeen-hundredths of	88943
one gram or more by weight of alcohol per two hundred ten liters	88944
of the person's breath.	88945

(i) The person has a concentration of two hundred	88946
thirty-eight-thousandths of one gram or more by weight of alcohol	88947
per one hundred milliliters of the person's urine.	88948

(j) Except as provided in division (K) of this section, the	88949
person has a concentration of any of the following controlled	88950
substances or metabolites of a controlled substance in the	88951
person's whole blood, blood serum or plasma, or urine that equals	88952
or exceeds any of the following:	88953

(i) The person has a concentration of amphetamine in the	88954
person's urine of at least five hundred nanograms of amphetamine	88955
per milliliter of the person's urine or has a concentration of	88956
amphetamine in the person's whole blood or blood serum or plasma	88957
of at least one hundred nanograms of amphetamine per milliliter of	88958
the person's whole blood or blood serum or plasma.	88959

(ii) The person has a concentration of cocaine in the	88960
person's urine of at least one hundred fifty nanograms of cocaine	88961
per milliliter of the person's urine or has a concentration of	88962
cocaine in the person's whole blood or blood serum or plasma of at	88963
least fifty nanograms of cocaine per milliliter of the person's	88964
whole blood or blood serum or plasma.	88965

(iii) The person has a concentration of cocaine metabolite in	88966
the person's urine of at least one hundred fifty nanograms of	88967
cocaine metabolite per milliliter of the person's urine or has a	88968
concentration of cocaine metabolite in the person's whole blood or	88969
blood serum or plasma of at least fifty nanograms of cocaine	88970
metabolite per milliliter of the person's whole blood or blood	88971
serum or plasma.	88972

(iv) The person has a concentration of heroin in the person's	88973
urine of at least two thousand nanograms of heroin per milliliter	88974
of the person's urine or has a concentration of heroin in the	88975
person's whole blood or blood serum or plasma of at least fifty	88976
nanograms of heroin per milliliter of the person's whole blood or	88977
blood serum or plasma.	88978

(v) The person has a concentration of heroin metabolite	88979
(6-monoacetyl morphine) in the person's urine of at least ten	88980
nanograms of heroin metabolite (6-monoacetyl morphine) per	88981
milliliter of the person's urine or has a concentration of heroin	88982
metabolite (6-monoacetyl morphine) in the person's whole blood or	88983
blood serum or plasma of at least ten nanograms of heroin	88984
metabolite (6-monoacetyl morphine) per milliliter of the person's	88985
whole blood or blood serum or plasma.	88986

(vi) The person has a concentration of L.S.D. in the person's	88987
urine of at least twenty-five nanograms of L.S.D. per milliliter	88988
of the person's urine or a concentration of L.S.D. in the person's	88989
whole blood or blood serum or plasma of at least ten nanograms of	88990
L.S.D. per milliliter of the person's whole blood or blood serum	88991
or plasma.	88992

(vii) The person has a concentration of marihuana in the	88993
person's urine of at least ten nanograms of marihuana per	88994
milliliter of the person's urine or has a concentration of	88995
marihuana in the person's whole blood or blood serum or plasma of	88996
at least two nanograms of marihuana per milliliter of the person's	88997
whole blood or blood serum or plasma.	88998

(viii) Either of the following applies:

88999

(I) The person is under the influence of alcohol, a drug of	89000
abuse, or a combination of them, and, as measured by gas	89001
chromatography mass spectrometry, the person has a concentration	89002
of marihuana metabolite in the person's urine of at least fifteen	89003
nanograms of marihuana metabolite per milliliter of the person's	89004
urine or has a concentration of marihuana metabolite in the	89005
person's whole blood or blood serum or plasma of at least five	89006
nanograms of marihuana metabolite per milliliter of the person's	89007
whole blood or blood serum or plasma.	89008

(II) As measured by gas chromatography mass spectrometry, the	89009
person has a concentration of marihuana metabolite in the person's	89010
urine of at least thirty-five nanograms of marihuana metabolite	89011
per milliliter of the person's urine or has a concentration of	89012
marihuana metabolite in the person's whole blood or blood serum or	89013
plasma of at least fifty nanograms of marihuana metabolite per	89014
milliliter of the person's whole blood or blood serum or plasma.	89015

(ix) The person has a concentration of methamphetamine in the	89016
person's urine of at least five hundred nanograms of	89017
methamphetamine per milliliter of the person's urine or has a	89018
concentration of methamphetamine in the person's whole blood or	89019
blood serum or plasma of at least one hundred nanograms of	89020
methamphetamine per milliliter of the person's whole blood or	89021
blood serum or plasma.	89022

(x) The person has a concentration of phencyclidine in the	89023
person's urine of at least twenty-five nanograms of phencyclidine	89024
per milliliter of the person's urine or has a concentration of	89025
phencyclidine in the person's whole blood or blood serum or plasma	89026
of at least ten nanograms of phencyclidine per milliliter of the	89027
person's whole blood or blood serum or plasma.	89028

(xi) The state board of pharmacy has adopted a rule pursuant	89029
to section 4729.041 of the Revised Code that specifies the amount	89030
of salvia divinorum and the amount of salvinorin A that constitute	89031
concentrations of salvia divinorum and salvinorin A in a person's	89032
urine, in a person's whole blood, or in a person's blood serum or	89033
plasma at or above which the person is impaired for purposes of	89034
operating any vehicle, streetcar, or trackless trolley within this	89035
state, the rule is in effect, and the person has a concentration	89036
of salvia divinorum or salvinorin A of at least that amount so	89037
specified by rule in the person's urine, in the person's whole	89038
blood, or in the person's blood serum or plasma.	89039

(2) No person who, within twenty years of the conduct	89040
described in division (A)(2)(a) of this section, previously has	89041
been convicted of or pleaded guilty to a violation of this	89042
division, a violation of division (A)(1) or (B) of this section,	89043
or any other equivalent offense shall do both of the following:	89044

(a) Operate any vehicle, streetcar, or trackless trolley	89045
within this state while under the influence of alcohol, a drug of	89046
abuse, or a combination of them;	89047

(b) Subsequent to being arrested for operating the vehicle,	89048
streetcar, or trackless trolley as described in division (A)(2)(a)	89049
of this section, being asked by a law enforcement officer to	89050
submit to a chemical test or tests under section 4511.191 of the	89051
Revised Code, and being advised by the officer in accordance with	89052
section 4511.192 of the Revised Code of the consequences of the	89053
person's refusal or submission to the test or tests, refuse to	89054
submit to the test or tests.	89055

(B) No person under twenty-one years of age shall operate any	89056
vehicle, streetcar, or trackless trolley within this state, if, at	89057
the time of the operation, any of the following apply:	89058

(1) The person has a concentration of at least two-hundredths	89059
of one per cent but less than eight-hundredths of one per cent by	89060
weight per unit volume of alcohol in the person's whole blood.	89061

(2) The person has a concentration of at least	89062
three-hundredths of one per cent but less than	89063
ninety-six-thousandths of one per cent by weight per unit volume	89064
of alcohol in the person's blood serum or plasma.	89065

(3) The person has a concentration of at least two-hundredths	89066
of one gram but less than eight-hundredths of one gram by weight	89067
of alcohol per two hundred ten liters of the person's breath.	89068

(4) The person has a concentration of at least twenty-eight	89069
one-thousandths of one gram but less than eleven-hundredths of one	89070
gram by weight of alcohol per one hundred milliliters of the	89071
person's urine.	89072

(C) In any proceeding arising out of one incident, a person	89073
may be charged with a violation of division (A)(1)(a) or (A)(2)	89074
and a violation of division (B)(1), (2), or (3) of this section,	89075
but the person may not be convicted of more than one violation of	89076
these divisions.	89077

(D)(1)(a) In any criminal prosecution or juvenile court	89078
proceeding for a violation of division (A)(1)(a) of this section	89079
or for an equivalent offense that is vehicle-related, the result	89080
of any test of any blood or urine withdrawn and analyzed at any	89081
health care provider, as defined in section 2317.02 of the Revised	89082
Code, may be admitted with expert testimony to be considered with	89083
any other relevant and competent evidence in determining the guilt	89084
or innocence of the defendant.	89085

(b) In any criminal prosecution or juvenile court proceeding	89086
for a violation of division (A) or (B) of this section or for an	89087
equivalent offense that is vehicle-related, the court may admit	89088
evidence on the concentration of alcohol, drugs of abuse,	89089
controlled substances, metabolites of a controlled substance, or a	89090
combination of them in the defendant's whole blood, blood serum or	89091
plasma, breath, urine, or other bodily substance at the time of	89092
the alleged violation as shown by chemical analysis of the	89093
substance withdrawn within three hours of the time of the alleged	89094
violation. The three-hour time limit specified in this division	89095
regarding the admission of evidence does not extend or affect the	89096
two-hour time limit specified in division (A) of section 4511.192	89097
of the Revised Code as the maximum period of time during which a	89098
person may consent to a chemical test or tests as described in	89099
that section. The court may admit evidence on the concentration of	89100
alcohol, drugs of abuse, or a combination of them as described in	89101
this division when a person submits to a blood, breath, urine, or	89102
other bodily substance test at the request of a law enforcement	89103
officer under section 4511.191 of the Revised Code or a blood or	89104
urine sample is obtained pursuant to a search warrant. Only a	89105
physician, a registered nurse, an emergency medical	89106
technician-intermediate, an emergency medical	89107
technician-paramedic, or a qualified technician, chemist, or	89108
phlebotomist shall withdraw a blood sample for the purpose of	89109
determining the alcohol, drug, controlled substance, metabolite of	89110
a controlled substance, or combination content of the whole blood,	89111
blood serum, or blood plasma. This limitation does not apply to	89112
the taking of breath or urine specimens. A person authorized to	89113
withdraw blood under this division may refuse to withdraw blood	89114
under this division, if in that person's opinion, the physical	89115
welfare of the person would be endangered by the withdrawing of	89116
blood.	89117

The bodily substance withdrawn under division (D)(1)(b) of	89118
this section shall be analyzed in accordance with methods approved	89119
by the director of health by an individual possessing a valid	89120
permit issued by the director pursuant to section 3701.143 of the	89121
Revised Code.	89122

(c) As used in division (D)(1)(b) of this section, "emergency	89123
medical technician-intermediate" and "emergency medical	89124
technician-paramedic" have the same meanings as in section 4765.01	89125
of the Revised Code.	89126

(2) In a criminal prosecution or juvenile court proceeding	89127
for a violation of division (A) of this section or for an	89128
equivalent offense that is vehicle-related, if there was at the	89129
time the bodily substance was withdrawn a concentration of less	89130
than the applicable concentration of alcohol specified in	89131
divisions (A)(1)(b), (c), (d), and (e) of this section or less	89132
than the applicable concentration of a listed controlled substance	89133
or a listed metabolite of a controlled substance specified for a	89134
violation of division (A)(1)(j) of this section, that fact may be	89135
considered with other competent evidence in determining the guilt	89136
or innocence of the defendant. This division does not limit or	89137
affect a criminal prosecution or juvenile court proceeding for a	89138
violation of division (B) of this section or for an equivalent	89139
offense that is substantially equivalent to that division.	89140

(3) Upon the request of the person who was tested, the	89141
results of the chemical test shall be made available to the person	89142
or the person's attorney, immediately upon the completion of the	89143
chemical test analysis.	89144

If the chemical test was obtained pursuant to division	89145
(D)(1)(b) of this section, the person tested may have a physician,	89146
a registered nurse, or a qualified technician, chemist, or	89147
phlebotomist of the person's own choosing administer a chemical	89148
test or tests, at the person's expense, in addition to any	89149
administered at the request of a law enforcement officer. If the	89150
person was under arrest as described in division (A)(5) of section	89151
4511.191 of the Revised Code, the arresting officer shall advise	89152
the person at the time of the arrest that the person may have an	89153
independent chemical test taken at the person's own expense. If	89154
the person was under arrest other than described in division	89155
(A)(5) of section 4511.191 of the Revised Code, the form to be	89156
read to the person to be tested, as required under section	89157
4511.192 of the Revised Code, shall state that the person may have	89158
an independent test performed at the person's expense. The failure	89159
or inability to obtain an additional chemical test by a person	89160
shall not preclude the admission of evidence relating to the	89161
chemical test or tests taken at the request of a law enforcement	89162
officer.	89163

(4)(a) As used in divisions (D)(4)(b) and (c) of this	89164
section, "national highway traffic safety administration" means	89165
the national highway traffic safety administration established as	89166
an administration of the United States department of	89167
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	89168

(b) In any criminal prosecution or juvenile court proceeding	89169
for a violation of division (A) or (B) of this section, of a	89170
municipal ordinance relating to operating a vehicle while under	89171
the influence of alcohol, a drug of abuse, or alcohol and a drug	89172
of abuse, or of a municipal ordinance relating to operating a	89173
vehicle with a prohibited concentration of alcohol, a controlled	89174
substance, or a metabolite of a controlled substance in the whole	89175
blood, blood serum or plasma, breath, or urine, if a law	89176
enforcement officer has administered a field sobriety test to the	89177
operator of the vehicle involved in the violation and if it is	89178
shown by clear and convincing evidence that the officer	89179
administered the test in substantial compliance with the testing	89180
standards for any reliable, credible, and generally accepted field	89181
sobriety tests that were in effect at the time the tests were	89182
administered, including, but not limited to, any testing standards	89183
then in effect that were set by the national highway traffic	89184
safety administration, all of the following apply:	89185

(i) The officer may testify concerning the results of the	89186
field sobriety test so administered.	89187

(ii) The prosecution may introduce the results of the field	89188
sobriety test so administered as evidence in any proceedings in	89189
the criminal prosecution or juvenile court proceeding.	89190

(iii) If testimony is presented or evidence is introduced	89191
under division (D)(4)(b)(i) or (ii) of this section and if the	89192
testimony or evidence is admissible under the Rules of Evidence,	89193
the court shall admit the testimony or evidence and the trier of	89194
fact shall give it whatever weight the trier of fact considers to	89195
be appropriate.	89196

(c) Division (D)(4)(b) of this section does not limit or	89197
preclude a court, in its determination of whether the arrest of a	89198
person was supported by probable cause or its determination of any	89199
other matter in a criminal prosecution or juvenile court	89200
proceeding of a type described in that division, from considering	89201
evidence or testimony that is not otherwise disallowed by division	89202
(D)(4)(b) of this section.	89203

(E)(1) Subject to division (E)(3) of this section, in any	89204
criminal prosecution or juvenile court proceeding for a violation	89205
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	89206
or (B)(1), (2), (3), or (4) of this section or for an equivalent	89207
offense that is substantially equivalent to any of those	89208
divisions, a laboratory report from any laboratory personnel	89209
issued a permit by the department of health authorizing an	89210
analysis as described in this division that contains an analysis	89211
of the whole blood, blood serum or plasma, breath, urine, or other	89212
bodily substance tested and that contains all of the information	89213
specified in this division shall be admitted as prima-facie	89214
evidence of the information and statements that the report	89215
contains. The laboratory report shall contain all of the	89216
following:	89217

(a) The signature, under oath, of any person who performed	89218
the analysis;	89219

(b) Any findings as to the identity and quantity of alcohol,	89220
a drug of abuse, a controlled substance, a metabolite of a	89221
controlled substance, or a combination of them that was found;	89222

(c) A copy of a notarized statement by the laboratory	89223
director or a designee of the director that contains the name of	89224
each certified analyst or test performer involved with the report,	89225
the analyst's or test performer's employment relationship with the	89226
laboratory that issued the report, and a notation that performing	89227
an analysis of the type involved is part of the analyst's or test	89228
performer's regular duties;	89229

(d) An outline of the analyst's or test performer's	89230
education, training, and experience in performing the type of	89231
analysis involved and a certification that the laboratory	89232
satisfies appropriate quality control standards in general and, in	89233
this particular analysis, under rules of the department of health.	89234

(2) Notwithstanding any other provision of law regarding the	89235
admission of evidence, a report of the type described in division	89236
(E)(1) of this section is not admissible against the defendant to	89237
whom it pertains in any proceeding, other than a preliminary	89238
hearing or a grand jury proceeding, unless the prosecutor has	89239
served a copy of the report on the defendant's attorney or, if the	89240
defendant has no attorney, on the defendant.	89241

(3) A report of the type described in division (E)(1) of this	89242
section shall not be prima-facie evidence of the contents,	89243
identity, or amount of any substance if, within seven days after	89244
the defendant to whom the report pertains or the defendant's	89245
attorney receives a copy of the report, the defendant or the	89246
defendant's attorney demands the testimony of the person who	89247
signed the report. The judge in the case may extend the seven-day	89248
time limit in the interest of justice.	89249

(F) Except as otherwise provided in this division, any	89250
physician, registered nurse, emergency medical	89251
technician-intermediate, emergency medical technician-paramedic,	89252
or qualified technician, chemist, or phlebotomist who withdraws	89253
blood from a person pursuant to this section or section 4511.191	89254
or 4511.192 of the Revised Code, and any hospital, first-aid	89255
station, or clinic at which blood is withdrawn from a person	89256
pursuant to this section or section 4511.191 or 4511.192 of the	89257
Revised Code, is immune from criminal liability and civil	89258
liability based upon a claim of assault and battery or any other	89259
claim that is not a claim of malpractice, for any act performed in	89260
withdrawing blood from the person. The immunity provided in this	89261
division also extends to an emergency medical service organization	89262
that employs an emergency medical technician-intermediate or	89263
emergency medical technician-paramedic who withdraws blood under	89264
this section. The immunity provided in this division is not	89265
available to a person who withdraws blood if the person engages in	89266
willful or wanton misconduct.	89267

As used in this division, "emergency medical	89268
technician-intermediate" and "emergency medical	89269
technician-paramedic" have the same meanings as in section 4765.01	89270
of the Revised Code.	89271

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	89272
to (i) or (A)(2) of this section is guilty of operating a vehicle	89273
under the influence of alcohol, a drug of abuse, or a combination	89274
of them. Whoever violates division (A)(1)(j) of this section is	89275
guilty of operating a vehicle while under the influence of a	89276
listed controlled substance or a listed metabolite of a controlled	89277
substance. The court shall sentence the offender for either	89278
offense under Chapter 2929. of the Revised Code, except as	89279
otherwise authorized or required by divisions (G)(1)(a) to (e) of	89280
this section:	89281

(a) Except as otherwise provided in division (G)(1)(b), (c),	89282
(d), or (e) of this section, the offender is guilty of a	89283
misdemeanor of the first degree, and the court shall sentence the	89284
offender to all of the following:	89285

(i) If the sentence is being imposed for a violation of	89286
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89287
mandatory jail term of three consecutive days. As used in this	89288
division, three consecutive days means seventy-two consecutive	89289
hours. The court may sentence an offender to both an intervention	89290
program and a jail term. The court may impose a jail term in	89291
addition to the three-day mandatory jail term or intervention	89292
program. However, in no case shall the cumulative jail term	89293
imposed for the offense exceed six months.	89294

The court may suspend the execution of the three-day jail	89295
term under this division if the court, in lieu of that suspended	89296
term, places the offender under a community control sanction	89297
pursuant to section 2929.25 of the Revised Code and requires the	89298
offender to attend, for three consecutive days, a drivers'	89299
intervention program certified under section ~~3793.10~~5119.38 of	89300
the Revised Code. The court also may suspend the execution of any	89301
part of the three-day jail term under this division if it places	89302
the offender under a community control sanction pursuant to	89303
section 2929.25 of the Revised Code for part of the three days,	89304
requires the offender to attend for the suspended part of the term	89305
a drivers' intervention program so certified, and sentences the	89306
offender to a jail term equal to the remainder of the three	89307
consecutive days that the offender does not spend attending the	89308
program. The court may require the offender, as a condition of	89309
community control and in addition to the required attendance at a	89310
drivers' intervention program, to attend and satisfactorily	89311
complete any treatment or education programs that comply with the	89312
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	89313
Revised Code by the director of ~~alcohol and drug addiction~~	89314
~~services~~mental health and addiction services that the operators	89315
of the drivers' intervention program determine that the offender	89316
should attend and to report periodically to the court on the	89317
offender's progress in the programs. The court also may impose on	89318
the offender any other conditions of community control that it	89319
considers necessary.	89320

(ii) If the sentence is being imposed for a violation of	89321
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89322
section, except as otherwise provided in this division, a	89323
mandatory jail term of at least three consecutive days and a	89324
requirement that the offender attend, for three consecutive days,	89325
a drivers' intervention program that is certified pursuant to	89326
section ~~3793.10~~5119.38 of the Revised Code. As used in this	89327
division, three consecutive days means seventy-two consecutive	89328
hours. If the court determines that the offender is not conducive	89329
to treatment in a drivers' intervention program, if the offender	89330
refuses to attend a drivers' intervention program, or if the jail	89331
at which the offender is to serve the jail term imposed can	89332
provide a driver's intervention program, the court shall sentence	89333
the offender to a mandatory jail term of at least six consecutive	89334
days.	89335

The court may require the offender, under a community control	89336
sanction imposed under section 2929.25 of the Revised Code, to	89337
attend and satisfactorily complete any treatment or education	89338
programs that comply with the minimum standards adopted pursuant	89339
to Chapter ~~3793.~~5119. of the Revised Code by the director of	89340
~~alcohol and drug addiction services~~mental health and addiction	89341
services, in addition to the required attendance at drivers'	89342
intervention program, that the operators of the drivers'	89343
intervention program determine that the offender should attend and	89344
to report periodically to the court on the offender's progress in	89345
the programs. The court also may impose any other conditions of	89346
community control on the offender that it considers necessary.	89347

(iii) In all cases, a fine of not less than three hundred	89348
seventy-five and not more than one thousand seventy-five dollars;	89349

(iv) In all cases, a class five license suspension of the	89350
offender's driver's or commercial driver's license or permit or	89351
nonresident operating privilege from the range specified in	89352
division (A)(5) of section 4510.02 of the Revised Code. The court	89353
may grant limited driving privileges relative to the suspension	89354
under sections 4510.021 and 4510.13 of the Revised Code.	89355

(b) Except as otherwise provided in division (G)(1)(e) of	89356
this section, an offender who, within six years of the offense,	89357
previously has been convicted of or pleaded guilty to one	89358
violation of division (A) or (B) of this section or one other	89359
equivalent offense is guilty of a misdemeanor of the first degree.	89360
The court shall sentence the offender to all of the following:	89361

(i) If the sentence is being imposed for a violation of	89362
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89363
mandatory jail term of ten consecutive days. The court shall	89364
impose the ten-day mandatory jail term under this division unless,	89365
subject to division (G)(3) of this section, it instead imposes a	89366
sentence under that division consisting of both a jail term and a	89367
term of house arrest with electronic monitoring, with continuous	89368
alcohol monitoring, or with both electronic monitoring and	89369
continuous alcohol monitoring. The court may impose a jail term in	89370
addition to the ten-day mandatory jail term. The cumulative jail	89371
term imposed for the offense shall not exceed six months.	89372

In addition to the jail term or the term of house arrest with	89373
electronic monitoring or continuous alcohol monitoring or both	89374
types of monitoring and jail term, the court shall require the	89375
offender to be assessed by ~~an alcohol and drug treatment program~~a	89376
community addiction services provider that is authorized by	89377
section ~~3793.02~~5119.21 of the Revised Code, subject to division	89378
(I) of this section, and shall order the offender to follow the	89379
treatment recommendations of the ~~program~~services provider. The	89380
purpose of the assessment is to determine the degree of the	89381
offender's alcohol usage and to determine whether or not treatment	89382
is warranted. Upon the request of the court, the ~~program~~services	89383
provider shall submit the results of the assessment to the court,	89384
including all treatment recommendations and clinical diagnoses	89385
related to alcohol use.	89386

(ii) If the sentence is being imposed for a violation of	89387
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89388
section, except as otherwise provided in this division, a	89389
mandatory jail term of twenty consecutive days. The court shall	89390
impose the twenty-day mandatory jail term under this division	89391
unless, subject to division (G)(3) of this section, it instead	89392
imposes a sentence under that division consisting of both a jail	89393
term and a term of house arrest with electronic monitoring, with	89394
continuous alcohol monitoring, or with both electronic monitoring	89395
and continuous alcohol monitoring. The court may impose a jail	89396
term in addition to the twenty-day mandatory jail term. The	89397
cumulative jail term imposed for the offense shall not exceed six	89398
months.	89399

In addition to the jail term or the term of house arrest with	89400
electronic monitoring or continuous alcohol monitoring or both	89401
types of monitoring and jail term, the court shall require the	89402
offender to be assessed by ~~an alcohol and drug treatment program~~a	89403
community addiction service provider that is authorized by section	89404
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	89405
this section, and shall order the offender to follow the treatment	89406
recommendations of the ~~program~~services provider. The purpose of	89407
the assessment is to determine the degree of the offender's	89408
alcohol usage and to determine whether or not treatment is	89409
warranted. Upon the request of the court, the ~~program~~services	89410
provider shall submit the results of the assessment to the court,	89411
including all treatment recommendations and clinical diagnoses	89412
related to alcohol use.	89413

(iii) In all cases, notwithstanding the fines set forth in	89414
Chapter 2929. of the Revised Code, a fine of not less than five	89415
hundred twenty-five and not more than one thousand six hundred	89416
twenty-five dollars;	89417

(iv) In all cases, a class four license suspension of the	89418
offender's driver's license, commercial driver's license,	89419
temporary instruction permit, probationary license, or nonresident	89420
operating privilege from the range specified in division (A)(4) of	89421
section 4510.02 of the Revised Code. The court may grant limited	89422
driving privileges relative to the suspension under sections	89423
4510.021 and 4510.13 of the Revised Code.	89424

(v) In all cases, if the vehicle is registered in the	89425
offender's name, immobilization of the vehicle involved in the	89426
offense for ninety days in accordance with section 4503.233 of the	89427
Revised Code and impoundment of the license plates of that vehicle	89428
for ninety days.	89429

(c) Except as otherwise provided in division (G)(1)(e) of	89430
this section, an offender who, within six years of the offense,	89431
previously has been convicted of or pleaded guilty to two	89432
violations of division (A) or (B) of this section or other	89433
equivalent offenses is guilty of a misdemeanor. The court shall	89434
sentence the offender to all of the following:	89435

(i) If the sentence is being imposed for a violation of	89436
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89437
mandatory jail term of thirty consecutive days. The court shall	89438
impose the thirty-day mandatory jail term under this division	89439
unless, subject to division (G)(3) of this section, it instead	89440
imposes a sentence under that division consisting of both a jail	89441
term and a term of house arrest with electronic monitoring, with	89442
continuous alcohol monitoring, or with both electronic monitoring	89443
and continuous alcohol monitoring. The court may impose a jail	89444
term in addition to the thirty-day mandatory jail term.	89445
Notwithstanding the jail terms set forth in sections 2929.21 to	89446
2929.28 of the Revised Code, the additional jail term shall not	89447
exceed one year, and the cumulative jail term imposed for the	89448
offense shall not exceed one year.	89449

(ii) If the sentence is being imposed for a violation of	89450
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89451
section, a mandatory jail term of sixty consecutive days. The	89452
court shall impose the sixty-day mandatory jail term under this	89453
division unless, subject to division (G)(3) of this section, it	89454
instead imposes a sentence under that division consisting of both	89455
a jail term and a term of house arrest with electronic monitoring,	89456
with continuous alcohol monitoring, or with both electronic	89457
monitoring and continuous alcohol monitoring. The court may impose	89458
a jail term in addition to the sixty-day mandatory jail term.	89459
Notwithstanding the jail terms set forth in sections 2929.21 to	89460
2929.28 of the Revised Code, the additional jail term shall not	89461
exceed one year, and the cumulative jail term imposed for the	89462
offense shall not exceed one year.	89463

(iii) In all cases, notwithstanding the fines set forth in	89464
Chapter 2929. of the Revised Code, a fine of not less than eight	89465
hundred fifty and not more than two thousand seven hundred fifty	89466
dollars;	89467

(iv) In all cases, a class three license suspension of the	89468
offender's driver's license, commercial driver's license,	89469
temporary instruction permit, probationary license, or nonresident	89470
operating privilege from the range specified in division (A)(3) of	89471
section 4510.02 of the Revised Code. The court may grant limited	89472
driving privileges relative to the suspension under sections	89473
4510.021 and 4510.13 of the Revised Code.	89474

(v) In all cases, if the vehicle is registered in the	89475
offender's name, criminal forfeiture of the vehicle involved in	89476
the offense in accordance with section 4503.234 of the Revised	89477
Code. Division (G)(6) of this section applies regarding any	89478
vehicle that is subject to an order of criminal forfeiture under	89479
this division.	89480

(vi) In all cases, the court shall order the offender to	89481
participate ~~in an alcohol and drug~~with a community addiction	89482
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89483
the Revised Code, subject to division (I) of this section, and	89484
shall order the offender to follow the treatment recommendations	89485
of the ~~program~~services provider. The operator of the ~~program~~	89486
services provider shall determine and assess the degree of the	89487
offender's alcohol dependency and shall make recommendations for	89488
treatment. Upon the request of the court, the ~~program~~services	89489
provider shall submit the results of the assessment to the court,	89490
including all treatment recommendations and clinical diagnoses	89491
related to alcohol use.	89492

(d) Except as otherwise provided in division (G)(1)(e) of	89493
this section, an offender who, within six years of the offense,	89494
previously has been convicted of or pleaded guilty to three or	89495
four violations of division (A) or (B) of this section or other	89496
equivalent offenses or an offender who, within twenty years of the	89497
offense, previously has been convicted of or pleaded guilty to	89498
five or more violations of that nature is guilty of a felony of	89499
the fourth degree. The court shall sentence the offender to all of	89500
the following:	89501

(i) If the sentence is being imposed for a violation of	89502
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89503
mandatory prison term of one, two, three, four, or five years as	89504
required by and in accordance with division (G)(2) of section	89505
2929.13 of the Revised Code if the offender also is convicted of	89506
or also pleads guilty to a specification of the type described in	89507
section 2941.1413 of the Revised Code or, in the discretion of the	89508
court, either a mandatory term of local incarceration of sixty	89509
consecutive days in accordance with division (G)(1) of section	89510
2929.13 of the Revised Code or a mandatory prison term of sixty	89511
consecutive days in accordance with division (G)(2) of that	89512
section if the offender is not convicted of and does not plead	89513
guilty to a specification of that type. If the court imposes a	89514
mandatory term of local incarceration, it may impose a jail term	89515
in addition to the sixty-day mandatory term, the cumulative total	89516
of the mandatory term and the jail term for the offense shall not	89517
exceed one year, and, except as provided in division (A)(1) of	89518
section 2929.13 of the Revised Code, no prison term is authorized	89519
for the offense. If the court imposes a mandatory prison term,	89520
notwithstanding division (A)(4) of section 2929.14 of the Revised	89521
Code, it also may sentence the offender to a definite prison term	89522
that shall be not less than six months and not more than thirty	89523
months and the prison terms shall be imposed as described in	89524
division (G)(2) of section 2929.13 of the Revised Code. If the	89525
court imposes a mandatory prison term or mandatory prison term and	89526
additional prison term, in addition to the term or terms so	89527
imposed, the court also may sentence the offender to a community	89528
control sanction for the offense, but the offender shall serve all	89529
of the prison terms so imposed prior to serving the community	89530
control sanction.	89531

(ii) If the sentence is being imposed for a violation of	89532
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89533
section, a mandatory prison term of one, two, three, four, or five	89534
years as required by and in accordance with division (G)(2) of	89535
section 2929.13 of the Revised Code if the offender also is	89536
convicted of or also pleads guilty to a specification of the type	89537
described in section 2941.1413 of the Revised Code or, in the	89538
discretion of the court, either a mandatory term of local	89539
incarceration of one hundred twenty consecutive days in accordance	89540
with division (G)(1) of section 2929.13 of the Revised Code or a	89541
mandatory prison term of one hundred twenty consecutive days in	89542
accordance with division (G)(2) of that section if the offender is	89543
not convicted of and does not plead guilty to a specification of	89544
that type. If the court imposes a mandatory term of local	89545
incarceration, it may impose a jail term in addition to the one	89546
hundred twenty-day mandatory term, the cumulative total of the	89547
mandatory term and the jail term for the offense shall not exceed	89548
one year, and, except as provided in division (A)(1) of section	89549
2929.13 of the Revised Code, no prison term is authorized for the	89550
offense. If the court imposes a mandatory prison term,	89551
notwithstanding division (A)(4) of section 2929.14 of the Revised	89552
Code, it also may sentence the offender to a definite prison term	89553
that shall be not less than six months and not more than thirty	89554
months and the prison terms shall be imposed as described in	89555
division (G)(2) of section 2929.13 of the Revised Code. If the	89556
court imposes a mandatory prison term or mandatory prison term and	89557
additional prison term, in addition to the term or terms so	89558
imposed, the court also may sentence the offender to a community	89559
control sanction for the offense, but the offender shall serve all	89560
of the prison terms so imposed prior to serving the community	89561
control sanction.	89562

(iii) In all cases, notwithstanding section 2929.18 of the	89563
Revised Code, a fine of not less than one thousand three hundred	89564
fifty nor more than ten thousand five hundred dollars;	89565

(iv) In all cases, a class two license suspension of the	89566
offender's driver's license, commercial driver's license,	89567
temporary instruction permit, probationary license, or nonresident	89568
operating privilege from the range specified in division (A)(2) of	89569
section 4510.02 of the Revised Code. The court may grant limited	89570
driving privileges relative to the suspension under sections	89571
4510.021 and 4510.13 of the Revised Code.	89572

(v) In all cases, if the vehicle is registered in the	89573
offender's name, criminal forfeiture of the vehicle involved in	89574
the offense in accordance with section 4503.234 of the Revised	89575
Code. Division (G)(6) of this section applies regarding any	89576
vehicle that is subject to an order of criminal forfeiture under	89577
this division.	89578

(vi) In all cases, the court shall order the offender to	89579
participate ~~in an alcohol and drug~~with a community addiction	89580
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89581
the Revised Code, subject to division (I) of this section, and	89582
shall order the offender to follow the treatment recommendations	89583
of the ~~program~~services provider. The operator of the ~~program~~	89584
services provider shall determine and assess the degree of the	89585
offender's alcohol dependency and shall make recommendations for	89586
treatment. Upon the request of the court, the ~~program~~services	89587
provider shall submit the results of the assessment to the court,	89588
including all treatment recommendations and clinical diagnoses	89589
related to alcohol use.	89590

(vii) In all cases, if the court sentences the offender to a	89591
mandatory term of local incarceration, in addition to the	89592
mandatory term, the court, pursuant to section 2929.17 of the	89593
Revised Code, may impose a term of house arrest with electronic	89594
monitoring. The term shall not commence until after the offender	89595
has served the mandatory term of local incarceration.	89596

(e) An offender who previously has been convicted of or	89597
pleaded guilty to a violation of division (A) of this section that	89598
was a felony, regardless of when the violation and the conviction	89599
or guilty plea occurred, is guilty of a felony of the third	89600
degree. The court shall sentence the offender to all of the	89601
following:	89602

(i) If the offender is being sentenced for a violation of	89603
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89604
mandatory prison term of one, two, three, four, or five years as	89605
required by and in accordance with division (G)(2) of section	89606
2929.13 of the Revised Code if the offender also is convicted of	89607
or also pleads guilty to a specification of the type described in	89608
section 2941.1413 of the Revised Code or a mandatory prison term	89609
of sixty consecutive days in accordance with division (G)(2) of	89610
section 2929.13 of the Revised Code if the offender is not	89611
convicted of and does not plead guilty to a specification of that	89612
type. The court may impose a prison term in addition to the	89613
mandatory prison term. The cumulative total of a sixty-day	89614
mandatory prison term and the additional prison term for the	89615
offense shall not exceed five years. In addition to the mandatory	89616
prison term or mandatory prison term and additional prison term	89617
the court imposes, the court also may sentence the offender to a	89618
community control sanction for the offense, but the offender shall	89619
serve all of the prison terms so imposed prior to serving the	89620
community control sanction.	89621

(ii) If the sentence is being imposed for a violation of	89622
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89623
section, a mandatory prison term of one, two, three, four, or five	89624
years as required by and in accordance with division (G)(2) of	89625
section 2929.13 of the Revised Code if the offender also is	89626
convicted of or also pleads guilty to a specification of the type	89627
described in section 2941.1413 of the Revised Code or a mandatory	89628
prison term of one hundred twenty consecutive days in accordance	89629
with division (G)(2) of section 2929.13 of the Revised Code if the	89630
offender is not convicted of and does not plead guilty to a	89631
specification of that type. The court may impose a prison term in	89632
addition to the mandatory prison term. The cumulative total of a	89633
one hundred twenty-day mandatory prison term and the additional	89634
prison term for the offense shall not exceed five years. In	89635
addition to the mandatory prison term or mandatory prison term and	89636
additional prison term the court imposes, the court also may	89637
sentence the offender to a community control sanction for the	89638
offense, but the offender shall serve all of the prison terms so	89639
imposed prior to serving the community control sanction.	89640

(iii) In all cases, notwithstanding section 2929.18 of the	89641
Revised Code, a fine of not less than one thousand three hundred	89642
fifty nor more than ten thousand five hundred dollars;	89643

(iv) In all cases, a class two license suspension of the	89644
offender's driver's license, commercial driver's license,	89645
temporary instruction permit, probationary license, or nonresident	89646
operating privilege from the range specified in division (A)(2) of	89647
section 4510.02 of the Revised Code. The court may grant limited	89648
driving privileges relative to the suspension under sections	89649
4510.021 and 4510.13 of the Revised Code.	89650

(v) In all cases, if the vehicle is registered in the	89651
offender's name, criminal forfeiture of the vehicle involved in	89652
the offense in accordance with section 4503.234 of the Revised	89653
Code. Division (G)(6) of this section applies regarding any	89654
vehicle that is subject to an order of criminal forfeiture under	89655
this division.	89656

(vi) In all cases, the court shall order the offender to	89657
participate ~~in an alcohol and drug~~with a community addiction	89658
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89659
the Revised Code, subject to division (I) of this section, and	89660
shall order the offender to follow the treatment recommendations	89661
of the ~~program~~services provider. The operator of the ~~program~~	89662
services provider shall determine and assess the degree of the	89663
offender's alcohol dependency and shall make recommendations for	89664
treatment. Upon the request of the court, the ~~program~~services	89665
provider shall submit the results of the assessment to the court,	89666
including all treatment recommendations and clinical diagnoses	89667
related to alcohol use.	89668

(2) An offender who is convicted of or pleads guilty to a	89669
violation of division (A) of this section and who subsequently	89670
seeks reinstatement of the driver's or occupational driver's	89671
license or permit or nonresident operating privilege suspended	89672
under this section as a result of the conviction or guilty plea	89673
shall pay a reinstatement fee as provided in division (F)(2) of	89674
section 4511.191 of the Revised Code.	89675

(3) If an offender is sentenced to a jail term under division	89676
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	89677
if, within sixty days of sentencing of the offender, the court	89678
issues a written finding on the record that, due to the	89679
unavailability of space at the jail where the offender is required	89680
to serve the term, the offender will not be able to begin serving	89681
that term within the sixty-day period following the date of	89682
sentencing, the court may impose an alternative sentence under	89683
this division that includes a term of house arrest with electronic	89684
monitoring, with continuous alcohol monitoring, or with both	89685
electronic monitoring and continuous alcohol monitoring.	89686

As an alternative to a mandatory jail term of ten consecutive	89687
days required by division (G)(1)(b)(i) of this section, the court,	89688
under this division, may sentence the offender to five consecutive	89689
days in jail and not less than eighteen consecutive days of house	89690
arrest with electronic monitoring, with continuous alcohol	89691
monitoring, or with both electronic monitoring and continuous	89692
alcohol monitoring. The cumulative total of the five consecutive	89693
days in jail and the period of house arrest with electronic	89694
monitoring, continuous alcohol monitoring, or both types of	89695
monitoring shall not exceed six months. The five consecutive days	89696
in jail do not have to be served prior to or consecutively to the	89697
period of house arrest.	89698

As an alternative to the mandatory jail term of twenty	89699
consecutive days required by division (G)(1)(b)(ii) of this	89700
section, the court, under this division, may sentence the offender	89701
to ten consecutive days in jail and not less than thirty-six	89702
consecutive days of house arrest with electronic monitoring, with	89703
continuous alcohol monitoring, or with both electronic monitoring	89704
and continuous alcohol monitoring. The cumulative total of the ten	89705
consecutive days in jail and the period of house arrest with	89706
electronic monitoring, continuous alcohol monitoring, or both	89707
types of monitoring shall not exceed six months. The ten	89708
consecutive days in jail do not have to be served prior to or	89709
consecutively to the period of house arrest.	89710

As an alternative to a mandatory jail term of thirty	89711
consecutive days required by division (G)(1)(c)(i) of this	89712
section, the court, under this division, may sentence the offender	89713
to fifteen consecutive days in jail and not less than fifty-five	89714
consecutive days of house arrest with electronic monitoring, with	89715
continuous alcohol monitoring, or with both electronic monitoring	89716
and continuous alcohol monitoring. The cumulative total of the	89717
fifteen consecutive days in jail and the period of house arrest	89718
with electronic monitoring, continuous alcohol monitoring, or both	89719
types of monitoring shall not exceed one year. The fifteen	89720
consecutive days in jail do not have to be served prior to or	89721
consecutively to the period of house arrest.	89722

As an alternative to the mandatory jail term of sixty	89723
consecutive days required by division (G)(1)(c)(ii) of this	89724
section, the court, under this division, may sentence the offender	89725
to thirty consecutive days in jail and not less than one hundred	89726
ten consecutive days of house arrest with electronic monitoring,	89727
with continuous alcohol monitoring, or with both electronic	89728
monitoring and continuous alcohol monitoring. The cumulative total	89729
of the thirty consecutive days in jail and the period of house	89730
arrest with electronic monitoring, continuous alcohol monitoring,	89731
or both types of monitoring shall not exceed one year. The thirty	89732
consecutive days in jail do not have to be served prior to or	89733
consecutively to the period of house arrest.	89734

(4) If an offender's driver's or occupational driver's	89735
license or permit or nonresident operating privilege is suspended	89736
under division (G) of this section and if section 4510.13 of the	89737
Revised Code permits the court to grant limited driving	89738
privileges, the court may grant the limited driving privileges in	89739
accordance with that section. If division (A)(7) of that section	89740
requires that the court impose as a condition of the privileges	89741
that the offender must display on the vehicle that is driven	89742
subject to the privileges restricted license plates that are	89743
issued under section 4503.231 of the Revised Code, except as	89744
provided in division (B) of that section, the court shall impose	89745
that condition as one of the conditions of the limited driving	89746
privileges granted to the offender, except as provided in division	89747
(B) of section 4503.231 of the Revised Code.	89748

(5) Fines imposed under this section for a violation of	89749
division (A) of this section shall be distributed as follows:	89750

(a) Twenty-five dollars of the fine imposed under division	89751
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	89752
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	89753
fine imposed under division (G)(1)(c)(iii), and two hundred ten	89754
dollars of the fine imposed under division (G)(1)(d)(iii) or	89755
(e)(iii) of this section shall be paid to an enforcement and	89756
education fund established by the legislative authority of the law	89757
enforcement agency in this state that primarily was responsible	89758
for the arrest of the offender, as determined by the court that	89759
imposes the fine. The agency shall use this share to pay only	89760
those costs it incurs in enforcing this section or a municipal OVI	89761
ordinance and in informing the public of the laws governing the	89762
operation of a vehicle while under the influence of alcohol, the	89763
dangers of the operation of a vehicle under the influence of	89764
alcohol, and other information relating to the operation of a	89765
vehicle under the influence of alcohol and the consumption of	89766
alcoholic beverages.	89767

(b) Fifty dollars of the fine imposed under division	89768
(G)(1)(a)(iii) of this section shall be paid to the political	89769
subdivision that pays the cost of housing the offender during the	89770
offender's term of incarceration. If the offender is being	89771
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	89772
(e), or (j) of this section and was confined as a result of the	89773
offense prior to being sentenced for the offense but is not	89774
sentenced to a term of incarceration, the fifty dollars shall be	89775
paid to the political subdivision that paid the cost of housing	89776
the offender during that period of confinement. The political	89777
subdivision shall use the share under this division to pay or	89778
reimburse incarceration or treatment costs it incurs in housing or	89779
providing drug and alcohol treatment to persons who violate this	89780
section or a municipal OVI ordinance, costs of any immobilizing or	89781
disabling device used on the offender's vehicle, and costs of	89782
electronic house arrest equipment needed for persons who violate	89783
this section.	89784

(c) Twenty-five dollars of the fine imposed under division	89785
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	89786
division (G)(1)(b)(iii) of this section shall be deposited into	89787
the county or municipal indigent drivers' alcohol treatment fund	89788
under the control of that court, as created by the county or	89789
municipal corporation under division (F) of section 4511.191 of	89790
the Revised Code.	89791

(d) One hundred fifteen dollars of the fine imposed under	89792
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	89793
fine imposed under division (G)(1)(c)(iii), and four hundred forty	89794
dollars of the fine imposed under division (G)(1)(d)(iii) or	89795
(e)(iii) of this section shall be paid to the political	89796
subdivision that pays the cost of housing the offender during the	89797
offender's term of incarceration. The political subdivision shall	89798
use this share to pay or reimburse incarceration or treatment	89799
costs it incurs in housing or providing drug and alcohol treatment	89800
to persons who violate this section or a municipal OVI ordinance,	89801
costs for any immobilizing or disabling device used on the	89802
offender's vehicle, and costs of electronic house arrest equipment	89803
needed for persons who violate this section.	89804

(e) Fifty dollars of the fine imposed under divisions	89805
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	89806
and (G)(1)(e)(iii) of this section shall be deposited into the	89807
special projects fund of the court in which the offender was	89808
convicted and that is established under division (E)(1) of section	89809
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	89810
of section 1907.24 of the Revised Code, to be used exclusively to	89811
cover the cost of immobilizing or disabling devices, including	89812
certified ignition interlock devices, and remote alcohol	89813
monitoring devices for indigent offenders who are required by a	89814
judge to use either of these devices. If the court in which the	89815
offender was convicted does not have a special projects fund that	89816
is established under division (E)(1) of section 2303.201, division	89817
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	89818
of the Revised Code, the fifty dollars shall be deposited into the	89819
indigent drivers interlock and alcohol monitoring fund under	89820
division (I) of section 4511.191 of the Revised Code.	89821

(f) Seventy-five dollars of the fine imposed under division	89822
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	89823
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	89824
of the fine imposed under division (G)(1)(c)(iii), and five	89825
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	89826
or (e)(iii) of this section shall be transmitted to the treasurer	89827
of state for deposit into the indigent defense support fund	89828
established under section 120.08 of the Revised Code.	89829

(g) The balance of the fine imposed under division	89830
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	89831
section shall be disbursed as otherwise provided by law.	89832

(6) If title to a motor vehicle that is subject to an order	89833
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	89834
this section is assigned or transferred and division (B)(2) or (3)	89835
of section 4503.234 of the Revised Code applies, in addition to or	89836
independent of any other penalty established by law, the court may	89837
fine the offender the value of the vehicle as determined by	89838
publications of the national automobile dealers association. The	89839
proceeds of any fine so imposed shall be distributed in accordance	89840
with division (C)(2) of that section.	89841

(7) In all cases in which an offender is sentenced under	89842
division (G) of this section, the offender shall provide the court	89843
with proof of financial responsibility as defined in section	89844
4509.01 of the Revised Code. If the offender fails to provide that	89845
proof of financial responsibility, the court, in addition to any	89846
other penalties provided by law, may order restitution pursuant to	89847
section 2929.18 or 2929.28 of the Revised Code in an amount not	89848
exceeding five thousand dollars for any economic loss arising from	89849
an accident or collision that was the direct and proximate result	89850
of the offender's operation of the vehicle before, during, or	89851
after committing the offense for which the offender is sentenced	89852
under division (G) of this section.	89853

(8) As used in division (G) of this section, "electronic	89854
monitoring," "mandatory prison term," and "mandatory term of local	89855
incarceration" have the same meanings as in section 2929.01 of the	89856
Revised Code.	89857

(H) Whoever violates division (B) of this section is guilty	89858
of operating a vehicle after underage alcohol consumption and	89859
shall be punished as follows:	89860

(1) Except as otherwise provided in division (H)(2) of this	89861
section, the offender is guilty of a misdemeanor of the fourth	89862
degree. In addition to any other sanction imposed for the offense,	89863
the court shall impose a class six suspension of the offender's	89864
driver's license, commercial driver's license, temporary	89865
instruction permit, probationary license, or nonresident operating	89866
privilege from the range specified in division (A)(6) of section	89867
4510.02 of the Revised Code.	89868

(2) If, within one year of the offense, the offender	89869
previously has been convicted of or pleaded guilty to one or more	89870
violations of division (A) or (B) of this section or other	89871
equivalent offenses, the offender is guilty of a misdemeanor of	89872
the third degree. In addition to any other sanction imposed for	89873
the offense, the court shall impose a class four suspension of the	89874
offender's driver's license, commercial driver's license,	89875
temporary instruction permit, probationary license, or nonresident	89876
operating privilege from the range specified in division (A)(4) of	89877
section 4510.02 of the Revised Code.	89878

(3) If the offender also is convicted of or also pleads	89879
guilty to a specification of the type described in section	89880
2941.1416 of the Revised Code and if the court imposes a jail term	89881
for the violation of division (B) of this section, the court shall	89882
impose upon the offender an additional definite jail term pursuant	89883
to division (E) of section 2929.24 of the Revised Code.	89884

(4) The offender shall provide the court with proof of	89885
financial responsibility as defined in section 4509.01 of the	89886
Revised Code. If the offender fails to provide that proof of	89887
financial responsibility, then, in addition to any other penalties	89888
provided by law, the court may order restitution pursuant to	89889
section 2929.28 of the Revised Code in an amount not exceeding	89890
five thousand dollars for any economic loss arising from an	89891
accident or collision that was the direct and proximate result of	89892
the offender's operation of the vehicle before, during, or after	89893
committing the violation of division (B) of this section.	89894

(I)(1) No court shall sentence an offender to an alcohol	89895
treatment program under this section unless the treatment program	89896
complies with the minimum standards for alcohol treatment programs	89897
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	89898
director of ~~alcohol and drug addiction services~~mental health and	89899
addiction services.	89900

(2) An offender who stays in a drivers' intervention program	89901
or in an alcohol treatment program under an order issued under	89902
this section shall pay the cost of the stay in the program.	89903
However, if the court determines that an offender who stays in an	89904
alcohol treatment program under an order issued under this section	89905
is unable to pay the cost of the stay in the program, the court	89906
may order that the cost be paid from the court's indigent drivers'	89907
alcohol treatment fund.	89908

(J) If a person whose driver's or commercial driver's license	89909
or permit or nonresident operating privilege is suspended under	89910
this section files an appeal regarding any aspect of the person's	89911
trial or sentence, the appeal itself does not stay the operation	89912
of the suspension.	89913

(K) Division (A)(1)(j) of this section does not apply to a	89914
person who operates a vehicle, streetcar, or trackless trolley	89915
while the person has a concentration of a listed controlled	89916
substance or a listed metabolite of a controlled substance in the	89917
person's whole blood, blood serum or plasma, or urine that equals	89918
or exceeds the amount specified in that division, if both of the	89919
following apply:	89920

(1) The person obtained the controlled substance pursuant to	89921
a prescription issued by a licensed health professional authorized	89922
to prescribe drugs.	89923

(2) The person injected, ingested, or inhaled the controlled	89924
substance in accordance with the health professional's directions.	89925

(L) The prohibited concentrations of a controlled substance	89926
or a metabolite of a controlled substance listed in division	89927
(A)(1)(j) of this section also apply in a prosecution of a	89928
violation of division (D) of section 2923.16 of the Revised Code	89929
in the same manner as if the offender is being prosecuted for a	89930
prohibited concentration of alcohol.	89931

(M) All terms defined in section 4510.01 of the Revised Code	89932
apply to this section. If the meaning of a term defined in section	89933
4510.01 of the Revised Code conflicts with the meaning of the same	89934
term as defined in section 4501.01 or 4511.01 of the Revised Code,	89935
the term as defined in section 4510.01 of the Revised Code applies	89936
to this section.	89937

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	89938
as adopted by the supreme court under authority of section 2937.46	89939
of the Revised Code, do not apply to felony violations of this	89940
section. Subject to division (N)(2) of this section, the Rules of	89941
Criminal Procedure apply to felony violations of this section.	89942

(2) If, on or after January 1, 2004, the supreme court	89943
modifies the Ohio Traffic Rules to provide procedures to govern	89944
felony violations of this section, the modified rules shall apply	89945
to felony violations of this section.	89946

Sec. 4511.191. (A)(1) As used in this section:

89947

(a) "Physical control" has the same meaning as in section	89948
4511.194 of the Revised Code.	89949

(b) "Alcohol monitoring device" means any device that	89950
provides for continuous alcohol monitoring, any ignition interlock	89951
device, any immobilizing or disabling device other than an	89952
ignition interlock device that is constantly available to monitor	89953
the concentration of alcohol in a person's system, or any other	89954
device that provides for the automatic testing and periodic	89955
reporting of alcohol consumption by a person and that a court	89956
orders a person to use as a sanction imposed as a result of the	89957
person's conviction of or plea of guilty to an offense.	89958

(2) Any person who operates a vehicle, streetcar, or	89959
trackless trolley upon a highway or any public or private property	89960
used by the public for vehicular travel or parking within this	89961
state or who is in physical control of a vehicle, streetcar, or	89962
trackless trolley shall be deemed to have given consent to a	89963
chemical test or tests of the person's whole blood, blood serum or	89964
plasma, breath, or urine to determine the alcohol, drug of abuse,	89965
controlled substance, metabolite of a controlled substance, or	89966
combination content of the person's whole blood, blood serum or	89967
plasma, breath, or urine if arrested for a violation of division	89968
(A) or (B) of section 4511.19 of the Revised Code, section	89969
4511.194 of the Revised Code or a substantially equivalent	89970
municipal ordinance, or a municipal OVI ordinance.	89971

(3) The chemical test or tests under division (A)(2) of this	89972
section shall be administered at the request of a law enforcement	89973
officer having reasonable grounds to believe the person was	89974
operating or in physical control of a vehicle, streetcar, or	89975
trackless trolley in violation of a division, section, or	89976
ordinance identified in division (A)(2) of this section. The law	89977
enforcement agency by which the officer is employed shall	89978
designate which of the tests shall be administered.	89979

(4) Any person who is dead or unconscious, or who otherwise	89980
is in a condition rendering the person incapable of refusal, shall	89981
be deemed to have consented as provided in division (A)(2) of this	89982
section, and the test or tests may be administered, subject to	89983
sections 313.12 to 313.16 of the Revised Code.	89984

(5)(a) If a law enforcement officer arrests a person for a	89985
violation of division (A) or (B) of section 4511.19 of the Revised	89986
Code, section 4511.194 of the Revised Code or a substantially	89987
equivalent municipal ordinance, or a municipal OVI ordinance and	89988
if the person if convicted would be required to be sentenced under	89989
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	89990
Code, the law enforcement officer shall request the person to	89991
submit, and the person shall submit, to a chemical test or tests	89992
of the person's whole blood, blood serum or plasma, breath, or	89993
urine for the purpose of determining the alcohol, drug of abuse,	89994
controlled substance, metabolite of a controlled substance, or	89995
combination content of the person's whole blood, blood serum or	89996
plasma, breath, or urine. A law enforcement officer who makes a	89997
request pursuant to this division that a person submit to a	89998
chemical test or tests is not required to advise the person of the	89999
consequences of submitting to, or refusing to submit to, the test	90000
or tests and is not required to give the person the form described	90001
in division (B) of section 4511.192 of the Revised Code, but the	90002
officer shall advise the person at the time of the arrest that if	90003
the person refuses to take a chemical test the officer may employ	90004
whatever reasonable means are necessary to ensure that the person	90005
submits to a chemical test of the person's whole blood or blood	90006
serum or plasma. The officer shall also advise the person at the	90007
time of the arrest that the person may have an independent	90008
chemical test taken at the person's own expense. Divisions (A)(3)	90009
and (4) of this section apply to the administration of a chemical	90010
test or tests pursuant to this division.	90011

(b) If a person refuses to submit to a chemical test upon a	90012
request made pursuant to division (A)(5)(a) of this section, the	90013
law enforcement officer who made the request may employ whatever	90014
reasonable means are necessary to ensure that the person submits	90015
to a chemical test of the person's whole blood or blood serum or	90016
plasma. A law enforcement officer who acts pursuant to this	90017
division to ensure that a person submits to a chemical test of the	90018
person's whole blood or blood serum or plasma is immune from	90019
criminal and civil liability based upon a claim for assault and	90020
battery or any other claim for the acts, unless the officer so	90021
acted with malicious purpose, in bad faith, or in a wanton or	90022
reckless manner.	90023

(B)(1) Upon receipt of the sworn report of a law enforcement	90024
officer who arrested a person for a violation of division (A) or	90025
(B) of section 4511.19 of the Revised Code, section 4511.194 of	90026
the Revised Code or a substantially equivalent municipal	90027
ordinance, or a municipal OVI ordinance that was completed and	90028
sent to the registrar of motor vehicles and a court pursuant to	90029
section 4511.192 of the Revised Code in regard to a person who	90030
refused to take the designated chemical test, the registrar shall	90031
enter into the registrar's records the fact that the person's	90032
driver's or commercial driver's license or permit or nonresident	90033
operating privilege was suspended by the arresting officer under	90034
this division and that section and the period of the suspension,	90035
as determined under this section. The suspension shall be subject	90036
to appeal as provided in section 4511.197 of the Revised Code. The	90037
suspension shall be for whichever of the following periods	90038
applies:	90039

(a) Except when division (B)(1)(b), (c), or (d) of this	90040
section applies and specifies a different class or length of	90041
suspension, the suspension shall be a class C suspension for the	90042
period of time specified in division (B)(3) of section 4510.02 of	90043
the Revised Code.	90044

(b) If the arrested person, within six years of the date on	90045
which the person refused the request to consent to the chemical	90046
test, had refused one previous request to consent to a chemical	90047
test or had been convicted of or pleaded guilty to one violation	90048
of division (A) or (B) of section 4511.19 of the Revised Code or	90049
one other equivalent offense, the suspension shall be a class B	90050
suspension imposed for the period of time specified in division	90051
(B)(2) of section 4510.02 of the Revised Code.	90052

(c) If the arrested person, within six years of the date on	90053
which the person refused the request to consent to the chemical	90054
test, had refused two previous requests to consent to a chemical	90055
test, had been convicted of or pleaded guilty to two violations of	90056
division (A) or (B) of section 4511.19 of the Revised Code or	90057
other equivalent offenses, or had refused one previous request to	90058
consent to a chemical test and also had been convicted of or	90059
pleaded guilty to one violation of division (A) or (B) of section	90060
4511.19 of the Revised Code or other equivalent offenses, which	90061
violation or offense arose from an incident other than the	90062
incident that led to the refusal, the suspension shall be a class	90063
A suspension imposed for the period of time specified in division	90064
(B)(1) of section 4510.02 of the Revised Code.	90065

(d) If the arrested person, within six years of the date on	90066
which the person refused the request to consent to the chemical	90067
test, had refused three or more previous requests to consent to a	90068
chemical test, had been convicted of or pleaded guilty to three or	90069
more violations of division (A) or (B) of section 4511.19 of the	90070
Revised Code or other equivalent offenses, or had refused a number	90071
of previous requests to consent to a chemical test and also had	90072
been convicted of or pleaded guilty to a number of violations of	90073
division (A) or (B) of section 4511.19 of the Revised Code or	90074
other equivalent offenses that cumulatively total three or more	90075
such refusals, convictions, and guilty pleas, the suspension shall	90076
be for five years.	90077

(2) The registrar shall terminate a suspension of the	90078
driver's or commercial driver's license or permit of a resident or	90079
of the operating privilege of a nonresident, or a denial of a	90080
driver's or commercial driver's license or permit, imposed	90081
pursuant to division (B)(1) of this section upon receipt of notice	90082
that the person has entered a plea of guilty to, or that the	90083
person has been convicted after entering a plea of no contest to,	90084
operating a vehicle in violation of section 4511.19 of the Revised	90085
Code or in violation of a municipal OVI ordinance, if the offense	90086
for which the conviction is had or the plea is entered arose from	90087
the same incident that led to the suspension or denial.	90088

The registrar shall credit against any judicial suspension of	90089
a person's driver's or commercial driver's license or permit or	90090
nonresident operating privilege imposed pursuant to section	90091
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90092
Revised Code for a violation of a municipal OVI ordinance, any	90093
time during which the person serves a related suspension imposed	90094
pursuant to division (B)(1) of this section.	90095

(C)(1) Upon receipt of the sworn report of the law	90096
enforcement officer who arrested a person for a violation of	90097
division (A) or (B) of section 4511.19 of the Revised Code or a	90098
municipal OVI ordinance that was completed and sent to the	90099
registrar and a court pursuant to section 4511.192 of the Revised	90100
Code in regard to a person whose test results indicate that the	90101
person's whole blood, blood serum or plasma, breath, or urine	90102
contained at least the concentration of alcohol specified in	90103
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	90104
Revised Code or at least the concentration of a listed controlled	90105
substance or a listed metabolite of a controlled substance	90106
specified in division (A)(1)(j) of section 4511.19 of the Revised	90107
Code, the registrar shall enter into the registrar's records the	90108
fact that the person's driver's or commercial driver's license or	90109
permit or nonresident operating privilege was suspended by the	90110
arresting officer under this division and section 4511.192 of the	90111
Revised Code and the period of the suspension, as determined under	90112
divisions (C)(1)(a) to (d) of this section. The suspension shall	90113
be subject to appeal as provided in section 4511.197 of the	90114
Revised Code. The suspension described in this division does not	90115
apply to, and shall not be imposed upon, a person arrested for a	90116
violation of section 4511.194 of the Revised Code or a	90117
substantially equivalent municipal ordinance who submits to a	90118
designated chemical test. The suspension shall be for whichever of	90119
the following periods applies:	90120

(a) Except when division (C)(1)(b), (c), or (d) of this	90121
section applies and specifies a different period, the suspension	90122
shall be a class E suspension imposed for the period of time	90123
specified in division (B)(5) of section 4510.02 of the Revised	90124
Code.	90125

(b) The suspension shall be a class C suspension for the	90126
period of time specified in division (B)(3) of section 4510.02 of	90127
the Revised Code if the person has been convicted of or pleaded	90128
guilty to, within six years of the date the test was conducted,	90129
one violation of division (A) or (B) of section 4511.19 of the	90130
Revised Code or one other equivalent offense.	90131

(c) If, within six years of the date the test was conducted,	90132
the person has been convicted of or pleaded guilty to two	90133
violations of a statute or ordinance described in division	90134
(C)(1)(b) of this section, the suspension shall be a class B	90135
suspension imposed for the period of time specified in division	90136
(B)(2) of section 4510.02 of the Revised Code.	90137

(d) If, within six years of the date the test was conducted,	90138
the person has been convicted of or pleaded guilty to more than	90139
two violations of a statute or ordinance described in division	90140
(C)(1)(b) of this section, the suspension shall be a class A	90141
suspension imposed for the period of time specified in division	90142
(B)(1) of section 4510.02 of the Revised Code.	90143

(2) The registrar shall terminate a suspension of the	90144
driver's or commercial driver's license or permit of a resident or	90145
of the operating privilege of a nonresident, or a denial of a	90146
driver's or commercial driver's license or permit, imposed	90147
pursuant to division (C)(1) of this section upon receipt of notice	90148
that the person has entered a plea of guilty to, or that the	90149
person has been convicted after entering a plea of no contest to,	90150
operating a vehicle in violation of section 4511.19 of the Revised	90151
Code or in violation of a municipal OVI ordinance, if the offense	90152
for which the conviction is had or the plea is entered arose from	90153
the same incident that led to the suspension or denial.	90154

The registrar shall credit against any judicial suspension of	90155
a person's driver's or commercial driver's license or permit or	90156
nonresident operating privilege imposed pursuant to section	90157
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90158
Revised Code for a violation of a municipal OVI ordinance, any	90159
time during which the person serves a related suspension imposed	90160
pursuant to division (C)(1) of this section.	90161

(D)(1) A suspension of a person's driver's or commercial	90162
driver's license or permit or nonresident operating privilege	90163
under this section for the time described in division (B) or (C)	90164
of this section is effective immediately from the time at which	90165
the arresting officer serves the notice of suspension upon the	90166
arrested person. Any subsequent finding that the person is not	90167
guilty of the charge that resulted in the person being requested	90168
to take the chemical test or tests under division (A) of this	90169
section does not affect the suspension.	90170

(2) If a person is arrested for operating a vehicle,	90171
streetcar, or trackless trolley in violation of division (A) or	90172
(B) of section 4511.19 of the Revised Code or a municipal OVI	90173
ordinance, or for being in physical control of a vehicle,	90174
streetcar, or trackless trolley in violation of section 4511.194	90175
of the Revised Code or a substantially equivalent municipal	90176
ordinance, regardless of whether the person's driver's or	90177
commercial driver's license or permit or nonresident operating	90178
privilege is or is not suspended under division (B) or (C) of this	90179
section or Chapter 4510. of the Revised Code, the person's initial	90180
appearance on the charge resulting from the arrest shall be held	90181
within five days of the person's arrest or the issuance of the	90182
citation to the person, subject to any continuance granted by the	90183
court pursuant to section 4511.197 of the Revised Code regarding	90184
the issues specified in that division.	90185

(E) When it finally has been determined under the procedures	90186
of this section and sections 4511.192 to 4511.197 of the Revised	90187
Code that a nonresident's privilege to operate a vehicle within	90188
this state has been suspended, the registrar shall give	90189
information in writing of the action taken to the motor vehicle	90190
administrator of the state of the person's residence and of any	90191
state in which the person has a license.	90192

(F) At the end of a suspension period under this section,	90193
under section 4511.194, section 4511.196, or division (G) of	90194
section 4511.19 of the Revised Code, or under section 4510.07 of	90195
the Revised Code for a violation of a municipal OVI ordinance and	90196
upon the request of the person whose driver's or commercial	90197
driver's license or permit was suspended and who is not otherwise	90198
subject to suspension, cancellation, or disqualification, the	90199
registrar shall return the driver's or commercial driver's license	90200
or permit to the person upon the occurrence of all of the	90201
conditions specified in divisions (F)(1) and (2) of this section:	90202

(1) A showing that the person has proof of financial	90203
responsibility, a policy of liability insurance in effect that	90204
meets the minimum standards set forth in section 4509.51 of the	90205
Revised Code, or proof, to the satisfaction of the registrar, that	90206
the person is able to respond in damages in an amount at least	90207
equal to the minimum amounts specified in section 4509.51 of the	90208
Revised Code.	90209

(2) Subject to the limitation contained in division (F)(3) of	90210
this section, payment by the person to the registrar or an	90211
eligible deputy registrar of a license reinstatement fee of four	90212
hundred seventy-five dollars, which fee shall be deposited in the	90213
state treasury and credited as follows:	90214

(a) One hundred twelve dollars and fifty cents shall be	90215
credited to the statewide treatment and prevention fund created by	90216
section 4301.30 of the Revised Code. Money credited to the fund	90217
under this section shall be used for purposes identified ~~in the~~	90218
~~comprehensive statewide alcohol and drug addiction services plan~~	90219
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	90220

(b) Seventy-five dollars shall be credited to the reparations	90221
fund created by section 2743.191 of the Revised Code.	90222

(c) Thirty-seven dollars and fifty cents shall be credited to	90223
the indigent drivers alcohol treatment fund, which is hereby	90224
established in the state treasury. Except as otherwise provided in	90225
division (F)(2)(c) of this section, moneys in the fund shall be	90226
distributed by the department of ~~alcohol and drug addiction~~	90227
~~services~~mental health and addiction services to the county	90228
indigent drivers alcohol treatment funds, the county juvenile	90229
indigent drivers alcohol treatment funds, and the municipal	90230
indigent drivers alcohol treatment funds that are required to be	90231
established by counties and municipal corporations pursuant to	90232
division (H) of this section, and shall be used only to pay the	90233
cost of an alcohol and drug addiction treatment program attended	90234
by an offender or juvenile traffic offender who is ordered to	90235
attend an alcohol and drug addiction treatment program by a	90236
county, juvenile, or municipal court judge and who is determined	90237
by the county, juvenile, or municipal court judge not to have the	90238
means to pay for the person's attendance at the program or to pay	90239
the costs specified in division (H)(4) of this section in	90240
accordance with that division. In addition, a county, juvenile, or	90241
municipal court judge may use moneys in the county indigent	90242
drivers alcohol treatment fund, county juvenile indigent drivers	90243
alcohol treatment fund, or municipal indigent drivers alcohol	90244
treatment fund to pay for the cost of the continued use of an	90245
alcohol monitoring device as described in divisions (H)(3) and (4)	90246
of this section. Moneys in the fund that are not distributed to a	90247
county indigent drivers alcohol treatment fund, a county juvenile	90248
indigent drivers alcohol treatment fund, or a municipal indigent	90249
drivers alcohol treatment fund under division (H) of this section	90250
because the director of ~~alcohol and drug addiction services~~mental	90251
health and addiction services does not have the information	90252
necessary to identify the county or municipal corporation where	90253
the offender or juvenile offender was arrested may be transferred	90254
by the director of budget and management to the statewide	90255
treatment and prevention fund created by section 4301.30 of the	90256
Revised Code, upon certification of the amount by the director of	90257
~~alcohol and drug addiction services~~mental health and addiction	90258
services.	90259

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	90260
~~rehabilitation services commission~~opportunities for Ohioans with	90261
disabilities agency established by section ~~3304.12~~3304.15 of the	90262
Revised Code, to the services for rehabilitation fund, which is	90263
hereby established. The fund shall be used to match available	90264
federal matching funds where appropriate, and for any other	90265
purpose or program of the ~~commission~~agency to rehabilitate ~~people~~	90266
persons with disabilities to help them become employed and	90267
independent.	90268

(e) Seventy-five dollars shall be deposited into the state	90269
treasury and credited to the drug abuse resistance education	90270
programs fund, which is hereby established, to be used by the	90271
attorney general for the purposes specified in division (F)(4) of	90272
this section.	90273

(f) Thirty dollars shall be credited to the state bureau of	90274
motor vehicles fund created by section 4501.25 of the Revised	90275
Code.	90276

(g) Twenty dollars shall be credited to the trauma and	90277
emergency medical services fund created by section 4513.263 of the	90278
Revised Code.	90279

(h) Fifty dollars shall be credited to the indigent drivers	90280
interlock and alcohol monitoring fund, which is hereby established	90281
in the state treasury. Moneys in the fund shall be distributed by	90282
the department of public safety to the county indigent drivers	90283
interlock and alcohol monitoring funds, the county juvenile	90284
indigent drivers interlock and alcohol monitoring funds, and the	90285
municipal indigent drivers interlock and alcohol monitoring funds	90286
that are required to be established by counties and municipal	90287
corporations pursuant to this section, and shall be used only to	90288
pay the cost of an immobilizing or disabling device, including a	90289
certified ignition interlock device, or an alcohol monitoring	90290
device used by an offender or juvenile offender who is ordered to	90291
use the device by a county, juvenile, or municipal court judge and	90292
who is determined by the county, juvenile, or municipal court	90293
judge not to have the means to pay for the person's use of the	90294
device.	90295

(3) If a person's driver's or commercial driver's license or	90296
permit is suspended under this section, under section 4511.196 or	90297
division (G) of section 4511.19 of the Revised Code, under section	90298
4510.07 of the Revised Code for a violation of a municipal OVI	90299
ordinance or under any combination of the suspensions described in	90300
division (F)(3) of this section, and if the suspensions arise from	90301
a single incident or a single set of facts and circumstances, the	90302
person is liable for payment of, and shall be required to pay to	90303
the registrar or an eligible deputy registrar, only one	90304
reinstatement fee of four hundred seventy-five dollars. The	90305
reinstatement fee shall be distributed by the bureau in accordance	90306
with division (F)(2) of this section.	90307

(4) The attorney general shall use amounts in the drug abuse	90308
resistance education programs fund to award grants to law	90309
enforcement agencies to establish and implement drug abuse	90310
resistance education programs in public schools. Grants awarded to	90311
a law enforcement agency under this section shall be used by the	90312
agency to pay for not more than fifty per cent of the amount of	90313
the salaries of law enforcement officers who conduct drug abuse	90314
resistance education programs in public schools. The attorney	90315
general shall not use more than six per cent of the amounts the	90316
attorney general's office receives under division (F)(2)(e) of	90317
this section to pay the costs it incurs in administering the grant	90318
program established by division (F)(2)(e) of this section and in	90319
providing training and materials relating to drug abuse resistance	90320
education programs.	90321

The attorney general shall report to the governor and the	90322
general assembly each fiscal year on the progress made in	90323
establishing and implementing drug abuse resistance education	90324
programs. These reports shall include an evaluation of the	90325
effectiveness of these programs.	90326

(5) In addition to the reinstatement fee under this section,	90327
if the person pays the reinstatement fee to a deputy registrar,	90328
the deputy registrar shall collect a service fee of ten dollars to	90329
compensate the deputy registrar for services performed under this	90330
section. The deputy registrar shall retain eight dollars of the	90331
service fee and shall transmit the reinstatement fee, plus two	90332
dollars of the service fee, to the registrar in the manner the	90333
registrar shall determine.	90334

(G) Suspension of a commercial driver's license under	90335
division (B) or (C) of this section shall be concurrent with any	90336
period of disqualification under section 3123.611 or 4506.16 of	90337
the Revised Code or any period of suspension under section 3123.58	90338
of the Revised Code. No person who is disqualified for life from	90339
holding a commercial driver's license under section 4506.16 of the	90340
Revised Code shall be issued a driver's license under Chapter	90341
4507. of the Revised Code during the period for which the	90342
commercial driver's license was suspended under division (B) or	90343
(C) of this section. No person whose commercial driver's license	90344
is suspended under division (B) or (C) of this section shall be	90345
issued a driver's license under Chapter 4507. of the Revised Code	90346
during the period of the suspension.	90347

(H)(1) Each county shall establish an indigent drivers	90348
alcohol treatment fund, each county shall establish a juvenile	90349
indigent drivers alcohol treatment fund, and each municipal	90350
corporation in which there is a municipal court shall establish an	90351
indigent drivers alcohol treatment fund. All revenue that the	90352
general assembly appropriates to the indigent drivers alcohol	90353
treatment fund for transfer to a county indigent drivers alcohol	90354
treatment fund, a county juvenile indigent drivers alcohol	90355
treatment fund, or a municipal indigent drivers alcohol treatment	90356
fund, all portions of fees that are paid under division (F) of	90357
this section and that are credited under that division to the	90358
indigent drivers alcohol treatment fund in the state treasury for	90359
a county indigent drivers alcohol treatment fund, a county	90360
juvenile indigent drivers alcohol treatment fund, or a municipal	90361
indigent drivers alcohol treatment fund, all portions of	90362
additional costs imposed under section 2949.094 of the Revised	90363
Code that are specified for deposit into a county, county	90364
juvenile, or municipal indigent drivers alcohol treatment fund by	90365
that section, and all portions of fines that are specified for	90366
deposit into a county or municipal indigent drivers alcohol	90367
treatment fund by section 4511.193 of the Revised Code shall be	90368
deposited into that county indigent drivers alcohol treatment	90369
fund, county juvenile indigent drivers alcohol treatment fund, or	90370
municipal indigent drivers alcohol treatment fund. The portions of	90371
the fees paid under division (F) of this section that are to be so	90372
deposited shall be determined in accordance with division (H)(2)	90373
of this section. Additionally, all portions of fines that are paid	90374
for a violation of section 4511.19 of the Revised Code or of any	90375
prohibition contained in Chapter 4510. of the Revised Code, and	90376
that are required under section 4511.19 or any provision of	90377
Chapter 4510. of the Revised Code to be deposited into a county	90378
indigent drivers alcohol treatment fund or municipal indigent	90379
drivers alcohol treatment fund shall be deposited into the	90380
appropriate fund in accordance with the applicable division of the	90381
section or provision.	90382

(2) That portion of the license reinstatement fee that is	90383
paid under division (F) of this section and that is credited under	90384
that division to the indigent drivers alcohol treatment fund shall	90385
be deposited into a county indigent drivers alcohol treatment	90386
fund, a county juvenile indigent drivers alcohol treatment fund,	90387
or a municipal indigent drivers alcohol treatment fund as follows:	90388

(a) Regarding a suspension imposed under this section, that	90389
portion of the fee shall be deposited as follows:	90390

(i) If the fee is paid by a person who was charged in a	90391
county court with the violation that resulted in the suspension or	90392
in the imposition of the court costs, the portion shall be	90393
deposited into the county indigent drivers alcohol treatment fund	90394
under the control of that court;	90395

(ii) If the fee is paid by a person who was charged in a	90396
juvenile court with the violation that resulted in the suspension	90397
or in the imposition of the court costs, the portion shall be	90398
deposited into the county juvenile indigent drivers alcohol	90399
treatment fund established in the county served by the court;	90400

(iii) If the fee is paid by a person who was charged in a	90401
municipal court with the violation that resulted in the suspension	90402
or in the imposition of the court costs, the portion shall be	90403
deposited into the municipal indigent drivers alcohol treatment	90404
fund under the control of that court.	90405

(b) Regarding a suspension imposed under section 4511.19 of	90406
the Revised Code or under section 4510.07 of the Revised Code for	90407
a violation of a municipal OVI ordinance, that portion of the fee	90408
shall be deposited as follows:	90409

(i) If the fee is paid by a person whose license or permit	90410
was suspended by a county court, the portion shall be deposited	90411
into the county indigent drivers alcohol treatment fund under the	90412
control of that court;	90413

(ii) If the fee is paid by a person whose license or permit	90414
was suspended by a municipal court, the portion shall be deposited	90415
into the municipal indigent drivers alcohol treatment fund under	90416
the control of that court.	90417

(3) Expenditures from a county indigent drivers alcohol	90418
treatment fund, a county juvenile indigent drivers alcohol	90419
treatment fund, or a municipal indigent drivers alcohol treatment	90420
fund shall be made only upon the order of a county, juvenile, or	90421
municipal court judge and only for payment of the cost of an	90422
assessment or the cost of the attendance at an alcohol and drug	90423
addiction treatment program of a person who is convicted of, or	90424
found to be a juvenile traffic offender by reason of, a violation	90425
of division (A) of section 4511.19 of the Revised Code or a	90426
substantially similar municipal ordinance, who is ordered by the	90427
court to attend the alcohol and drug addiction treatment program,	90428
and who is determined by the court to be unable to pay the cost of	90429
the assessment or the cost of attendance at the treatment program	90430
or for payment of the costs specified in division (H)(4) of this	90431
section in accordance with that division. The alcohol and drug	90432
addiction services board or the board of alcohol, drug addiction,	90433
and mental health services established pursuant to section 340.02	90434
or 340.021 of the Revised Code and serving the alcohol, drug	90435
addiction, and mental health service district in which the court	90436
is located shall administer the indigent drivers alcohol treatment	90437
program of the court. When a court orders an offender or juvenile	90438
traffic offender to obtain an assessment or attend an alcohol and	90439
drug addiction treatment program, the board shall determine which	90440
program is suitable to meet the needs of the offender or juvenile	90441
traffic offender, and when a suitable program is located and space	90442
is available at the program, the offender or juvenile traffic	90443
offender shall attend the program designated by the board. A	90444
reasonable amount not to exceed five per cent of the amounts	90445
credited to and deposited into the county indigent drivers alcohol	90446
treatment fund, the county juvenile indigent drivers alcohol	90447
treatment fund, or the municipal indigent drivers alcohol	90448
treatment fund serving every court whose program is administered	90449
by that board shall be paid to the board to cover the costs it	90450
incurs in administering those indigent drivers alcohol treatment	90451
programs.	90452

In addition, upon exhaustion of moneys in the indigent	90453
drivers interlock and alcohol monitoring fund for the use of an	90454
alcohol monitoring device, a county, juvenile, or municipal court	90455
judge may use moneys in the county indigent drivers alcohol	90456
treatment fund, county juvenile indigent drivers alcohol treatment	90457
fund, or municipal indigent drivers alcohol treatment fund in the	90458
following manners:	90459

(a) If the source of the moneys was an appropriation of the	90460
general assembly, a portion of a fee that was paid under division	90461
(F) of this section, a portion of a fine that was specified for	90462
deposit into the fund by section 4511.193 of the Revised Code, or	90463
a portion of a fine that was paid for a violation of section	90464
4511.19 of the Revised Code or of a provision contained in Chapter	90465
4510. of the Revised Code that was required to be deposited into	90466
the fund, to pay for the continued use of an alcohol monitoring	90467
device by an offender or juvenile traffic offender, in conjunction	90468
with a treatment program approved by the department of ~~alcohol and~~	90469
~~drug addiction services~~mental health and addiction services, when	90470
such use is determined clinically necessary by the treatment	90471
program and when the court determines that the offender or	90472
juvenile traffic offender is unable to pay all or part of the	90473
daily monitoring or cost of the device;	90474

(b) If the source of the moneys was a portion of an	90475
additional court cost imposed under section 2949.094 of the	90476
Revised Code, to pay for the continued use of an alcohol	90477
monitoring device by an offender or juvenile traffic offender when	90478
the court determines that the offender or juvenile traffic	90479
offender is unable to pay all or part of the daily monitoring or	90480
cost of the device. The moneys may be used for a device as	90481
described in this division if the use of the device is in	90482
conjunction with a treatment program approved by the department of	90483
~~alcohol and drug addiction services~~mental health and addiction	90484
services, when the use of the device is determined clinically	90485
necessary by the treatment program, but the use of a device is not	90486
required to be in conjunction with a treatment program approved by	90487
the department in order for the moneys to be used for the device	90488
as described in this division.	90489

(4) If a county, juvenile, or municipal court determines, in	90490
consultation with the alcohol and drug addiction services board or	90491
the board of alcohol, drug addiction, and mental health services	90492
established pursuant to section 340.02 or 340.021 of the Revised	90493
Code and serving the alcohol, drug addiction, and mental health	90494
district in which the court is located, that the funds in the	90495
county indigent drivers alcohol treatment fund, the county	90496
juvenile indigent drivers alcohol treatment fund, or the municipal	90497
indigent drivers alcohol treatment fund under the control of the	90498
court are more than sufficient to satisfy the purpose for which	90499
the fund was established, as specified in divisions (H)(1) to (3)	90500
of this section, the court may declare a surplus in the fund. If	90501
the court declares a surplus in the fund, the court may expend the	90502
amount of the surplus in the fund for:	90503

(a) Alcohol and drug abuse assessment and treatment of	90504
persons who are charged in the court with committing a criminal	90505
offense or with being a delinquent child or juvenile traffic	90506
offender and in relation to whom both of the following apply:	90507

(i) The court determines that substance abuse was a	90508
contributing factor leading to the criminal or delinquent activity	90509
or the juvenile traffic offense with which the person is charged.	90510

(ii) The court determines that the person is unable to pay	90511
the cost of the alcohol and drug abuse assessment and treatment	90512
for which the surplus money will be used.	90513

(b) All or part of the cost of purchasing alcohol monitoring	90514
devices to be used in conjunction with division (H)(3) of this	90515
section, upon exhaustion of moneys in the indigent drivers	90516
interlock and alcohol monitoring fund for the use of an alcohol	90517
monitoring device.	90518

(5) For the purpose of determining as described in division	90519
(F)(2)(c) of this section whether an offender does not have the	90520
means to pay for the offender's attendance at an alcohol and drug	90521
addiction treatment program or whether an alleged offender or	90522
delinquent child is unable to pay the costs specified in division	90523
(H)(4) of this section, the court shall use the indigent client	90524
eligibility guidelines and the standards of indigency established	90525
by the state public defender to make the determination.	90526

(6) The court shall identify and refer any ~~alcohol and drug~~	90527
community addiction ~~program~~services provider that is not	90528
certified under section ~~3793.06~~5119.36 of the Revised Code and	90529
that is interested in receiving amounts from the surplus in the	90530
fund declared under division (H)(4) of this section to the	90531
department of ~~alcohol and drug addiction services~~mental health	90532
and addiction services in order for the ~~program~~services provider	90533
to become a certified ~~alcohol and drug~~community addiction	90534
~~program~~services provider. The department shall keep a record of	90535
applicant referrals received pursuant to this division and shall	90536
submit a report on the referrals each year to the general	90537
assembly. If a ~~program~~services provider interested in becoming	90538
certified makes an application to become certified pursuant to	90539
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	90540
provider is eligible to receive surplus funds as long as the	90541
application is pending with the department. The department of	90542
~~alcohol and drug addiction services~~mental health and addiction	90543
services must offer technical assistance to the applicant. If the	90544
interested ~~program~~services provider withdraws the certification	90545
application, the department must notify the court, and the court	90546
shall not provide the interested ~~program~~services provider with	90547
any further surplus funds.	90548

(7)(a) Each alcohol and drug addiction services board and	90549
board of alcohol, drug addiction, and mental health services	90550
established pursuant to section 340.02 or 340.021 of the Revised	90551
Code shall submit to the department of ~~alcohol and drug addiction~~	90552
~~services~~mental health and addiction services an annual report for	90553
each indigent drivers alcohol treatment fund in that board's area.	90554

(b) The report, which shall be submitted not later than sixty	90555
days after the end of the state fiscal year, shall provide the	90556
total payment that was made from the fund, including the number of	90557
indigent consumers that received treatment services and the number	90558
of indigent consumers that received an alcohol monitoring device.	90559
The report shall identify the treatment program and expenditure	90560
for an alcohol monitoring device for which that payment was made.	90561
The report shall include the fiscal year balance of each indigent	90562
drivers alcohol treatment fund located in that board's area. In	90563
the event that a surplus is declared in the fund pursuant to	90564
division (H)(4) of this section, the report also shall provide the	90565
total payment that was made from the surplus moneys and identify	90566
the treatment program and expenditure for an alcohol monitoring	90567
device for which that payment was made. ~~The department may require~~	90568
~~additional information necessary to complete the comprehensive~~	90569
~~statewide alcohol and drug addiction services plan as required by~~	90570
~~section 3793.04 of the Revised Code.~~	90571

(c) If a board is unable to obtain adequate information to	90572
develop the report to submit to the department for a particular	90573
indigent drivers alcohol treatment fund, the board shall submit a	90574
report detailing the effort made in obtaining the information.	90575

(I)(1) Each county shall establish an indigent drivers	90576
interlock and alcohol monitoring fund and a juvenile indigent	90577
drivers interlock and alcohol treatment fund, and each municipal	90578
corporation in which there is a municipal court shall establish an	90579
indigent drivers interlock and alcohol monitoring fund. All	90580
revenue that the general assembly appropriates to the indigent	90581
drivers interlock and alcohol monitoring fund for transfer to a	90582
county indigent drivers interlock and alcohol monitoring fund, a	90583
county juvenile indigent drivers interlock and alcohol monitoring	90584
fund, or a municipal indigent drivers interlock and alcohol	90585
monitoring fund, all portions of license reinstatement fees that	90586
are paid under division (F)(2) of this section and that are	90587
credited under that division to the indigent drivers interlock and	90588
alcohol monitoring fund in the state treasury, and all portions of	90589
fines that are paid under division (G) of section 4511.19 of the	90590
Revised Code and that are credited by division (G)(5)(e) of that	90591
section to the indigent drivers interlock and alcohol monitoring	90592
fund in the state treasury shall be deposited in the appropriate	90593
fund in accordance with division (I)(2) of this section.	90594

(2) That portion of the license reinstatement fee that is	90595
paid under division (F) of this section and that portion of the	90596
fine paid under division (G) of section 4511.19 of the Revised	90597
Code and that is credited under either division to the indigent	90598
drivers interlock and alcohol monitoring fund shall be deposited	90599
into a county indigent drivers interlock and alcohol monitoring	90600
fund, a county juvenile indigent drivers interlock and alcohol	90601
monitoring fund, or a municipal indigent drivers interlock and	90602
alcohol monitoring fund as follows:	90603

(a) If the fee or fine is paid by a person who was charged in	90604
a county court with the violation that resulted in the suspension	90605
or fine, the portion shall be deposited into the county indigent	90606
drivers interlock and alcohol monitoring fund under the control of	90607
that court.	90608

(b) If the fee or fine is paid by a person who was charged in	90609
a juvenile court with the violation that resulted in the	90610
suspension or fine, the portion shall be deposited into the county	90611
juvenile indigent drivers interlock and alcohol monitoring fund	90612
established in the county served by the court.	90613

(c) If the fee or fine is paid by a person who was charged in	90614
a municipal court with the violation that resulted in the	90615
suspension, the portion shall be deposited into the municipal	90616
indigent drivers interlock and alcohol monitoring fund under the	90617
control of that court.	90618

Sec. 4511.21. (A) No person shall operate a motor vehicle,	90619
trackless trolley, or streetcar at a speed greater or less than is	90620
reasonable or proper, having due regard to the traffic, surface,	90621
and width of the street or highway and any other conditions, and	90622
no person shall drive any motor vehicle, trackless trolley, or	90623
streetcar in and upon any street or highway at a greater speed	90624
than will permit the person to bring it to a stop within the	90625
assured clear distance ahead.	90626

(B) It is prima-facie lawful, in the absence of a lower limit	90627
declared or established pursuant to this section by the director	90628
of transportation or local authorities, for the operator of a	90629
motor vehicle, trackless trolley, or streetcar to operate the same	90630
at a speed not exceeding the following:	90631

(1)(a) Twenty miles per hour in school zones during school	90632
recess and while children are going to or leaving school during	90633
the opening or closing hours, and when twenty miles per hour	90634
school speed limit signs are erected; except that, on	90635
controlled-access highways and expressways, if the right-of-way	90636
line fence has been erected without pedestrian opening, the speed	90637
shall be governed by division (B)(4) of this section and on	90638
freeways, if the right-of-way line fence has been erected without	90639
pedestrian opening, the speed shall be governed by divisions	90640
(B)(9) and (10) of this section. The end of every school zone may	90641
be marked by a sign indicating the end of the zone. Nothing in	90642
this section or in the manual and specifications for a uniform	90643
system of traffic control devices shall be construed to require	90644
school zones to be indicated by signs equipped with flashing or	90645
other lights, or giving other special notice of the hours in which	90646
the school zone speed limit is in effect.	90647

(b) As used in this section and in section 4511.212 of the	90648
Revised Code, "school" means any school chartered under section	90649
3301.16 of the Revised Code and any nonchartered school that	90650
during the preceding year filed with the department of education	90651
in compliance with rule 3301-35-08 of the Ohio Administrative	90652
Code, a copy of the school's report for the parents of the	90653
school's pupils certifying that the school meets Ohio minimum	90654
standards for nonchartered, nontax-supported schools and presents	90655
evidence of this filing to the jurisdiction from which it is	90656
requesting the establishment of a school zone. "School" also	90657
includes a special elementary school that in writing requests the	90658
county engineer of the county in which the special elementary	90659
school is located to create a school zone at the location of that	90660
school. Upon receipt of such a written request, the county	90661
engineer shall create a school zone at that location by erecting	90662
the appropriate signs.	90663

(c) As used in this section, "school zone" means that portion	90664
of a street or highway passing a school fronting upon the street	90665
or highway that is encompassed by projecting the school property	90666
lines to the fronting street or highway, and also includes that	90667
portion of a state highway. Upon request from local authorities	90668
for streets and highways under their jurisdiction and that portion	90669
of a state highway under the jurisdiction of the director of	90670
transportation or a request from a county engineer in the case of	90671
a school zone for a special elementary school, the director may	90672
extend the traditional school zone boundaries. The distances in	90673
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	90674
exceed three hundred feet per approach per direction and are	90675
bounded by whichever of the following distances or combinations	90676
thereof the director approves as most appropriate:	90677

(i) The distance encompassed by projecting the school	90678
building lines normal to the fronting highway and extending a	90679
distance of three hundred feet on each approach direction;	90680

(ii) The distance encompassed by projecting the school	90681
property lines intersecting the fronting highway and extending a	90682
distance of three hundred feet on each approach direction;	90683

(iii) The distance encompassed by the special marking of the	90684
pavement for a principal school pupil crosswalk plus a distance of	90685
three hundred feet on each approach direction of the highway.	90686

Nothing in this section shall be construed to invalidate the	90687
director's initial action on August 9, 1976, establishing all	90688
school zones at the traditional school zone boundaries defined by	90689
projecting school property lines, except when those boundaries are	90690
extended as provided in divisions (B)(1)(a) and (c) of this	90691
section.	90692

(d) As used in this division, "crosswalk" has the meaning	90693
given that term in division (LL)(2) of section 4511.01 of the	90694
Revised Code.	90695

The director may, upon request by resolution of the	90696
legislative authority of a municipal corporation, the board of	90697
trustees of a township, or a county board of developmental	90698
disabilities created pursuant to Chapter 5126. of the Revised	90699
Code, and upon submission by the municipal corporation, township,	90700
or county board of such engineering, traffic, and other	90701
information as the director considers necessary, designate a	90702
school zone on any portion of a state route lying within the	90703
municipal corporation, lying within the unincorporated territory	90704
of the township, or lying adjacent to the property of a school	90705
that is operated by such county board, that includes a crosswalk	90706
customarily used by children going to or leaving a school during	90707
recess and opening and closing hours, whenever the distance, as	90708
measured in a straight line, from the school property line nearest	90709
the crosswalk to the nearest point of the crosswalk is no more	90710
than one thousand three hundred twenty feet. Such a school zone	90711
shall include the distance encompassed by the crosswalk and	90712
extending three hundred feet on each approach direction of the	90713
state route.	90714

(e) As used in this section, "special elementary school"	90715
means a school that meets all of the following criteria:	90716

(i) It is not chartered and does not receive tax revenue from	90717
any source.	90718

(ii) It does not educate children beyond the eighth grade.

90719

(iii) It is located outside the limits of a municipal	90720
corporation.	90721

(iv) A majority of the total number of students enrolled at	90722
the school are not related by blood.	90723

(v) The principal or other person in charge of the special	90724
elementary school annually sends a report to the superintendent of	90725
the school district in which the special elementary school is	90726
located indicating the total number of students enrolled at the	90727
school, but otherwise the principal or other person in charge does	90728
not report any other information or data to the superintendent.	90729

(2) Twenty-five miles per hour in all other portions of a	90730
municipal corporation, except on state routes outside business	90731
districts, through highways outside business districts, and	90732
alleys;	90733

(3) Thirty-five miles per hour on all state routes or through	90734
highways within municipal corporations outside business districts,	90735
except as provided in divisions (B)(4) and (6) of this section;	90736

(4) Fifty miles per hour on controlled-access highways and	90737
expressways within municipal corporations;	90738

(5) Fifty-five miles per hour on highways outside municipal	90739
corporations, other than highways within island jurisdictions as	90740
provided in division (B)(8) of this section, highways as provided	90741
in division (B)(9) of this section, and freeways as provided in	90742
divisions (B)(12), (13), (14), (16), and (17) of this section;	90743

(6) Fifty miles per hour on state routes within municipal	90744
corporations outside urban districts unless a lower prima-facie	90745
speed is established as further provided in this section;	90746

(7) Fifteen miles per hour on all alleys within the municipal	90747
corporation;	90748

(8) Thirty-five miles per hour on highways outside municipal	90749
corporations that are within an island jurisdiction;	90750

(9) Sixty miles per hour on two-lane state routes outside	90751
municipal corporations as established by the director under	90752
division (H)(2) of this section.	90753

(10) Fifty-five miles per hour at all times on freeways with	90754
paved shoulders inside municipal corporations, other than freeways	90755
as provided in divisions (B)(12), (13), (14), (16), and (17) of	90756
this section;	90757

(11) Fifty-five miles per hour at all times on freeways	90758
outside municipal corporations, other than freeways as provided in	90759
divisions (B)(12), (13), (14), (16), and (17) of this section;	90760

(12) ~~Fifty-five~~Sixty miles per hour at all times on all	90761
portions of freeways that are not part of the interstate system,	90762
but are built to the standards and specifications that are	90763
applicable to freeways that are part of the interstate system and	90764
that had a speed limit of fifty-five miles per hour immediately	90765
prior to the effective date of this amendment, for operators of	90766
any motor vehicle weighing in excess of eight thousand pounds	90767
empty weight and any noncommercial bus;	90768

(13) ~~Fifty-five~~Sixty miles per hour for operators of any	90769
motor vehicle weighing eight thousand pounds or less empty weight	90770
and any commercial bus at all times on all portions of freeways	90771
that are not part of the interstate system, but are built to the	90772
standards and specifications that are applicable to freeways that	90773
are part of the interstate system and that had ~~such~~ a speed limit	90774
~~established~~of fifty-five miles per hour immediately prior to	90775
~~October 1, 1995, unless a higher speed limit is established under~~	90776
~~division (L)~~the effective date of this ~~section~~amendment;	90777

(14) ~~Sixty-five~~Seventy miles per hour for operators of any	90778
motor vehicle ~~weighing eight thousand pounds or less empty weight~~	90779
~~and any commercial bus~~ at all times on all portions of both of the	90780
following:	90781

(a) Freeways that are not part of the interstate system, but	90782
are built to the standards and specifications that are applicable	90783
to freeways that are part of the interstate system and that had	90784
~~such~~ a speed limit ~~established~~of sixty-five miles per hour	90785
immediately prior to ~~October 1, 1995~~the effective date of this	90786
amendment;	90787

(b) ~~Freeways that are not part of the interstate system but~~	90788
~~are built to the standards and specifications that are applicable~~	90789
~~to freeways that are part of the interstate system, and that had~~	90790
~~such a speed limit established under division (L) of this section;~~	90791

~~(c)~~ Rural, divided, multi-lane highways that are designated	90792
as part of the national highway system under the "National Highway	90793
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	90794
and that had ~~such~~ a speed limit ~~established under division (M)~~of	90795
sixty-five miles per hour immediately prior to the effective date	90796
of this ~~section~~amendment.	90797

(15) Fifty-five miles per hour for operators of any motor	90798
vehicle at all times on all portions of freeways in congested	90799
areas as determined by the director and that are part of the	90800
interstate system and are located within a municipal corporation	90801
or within an interstate freeway outerbelt;	90802

(16) Sixty-five miles per hour for operators of any motor	90803
vehicle at all times on all portions of freeways in urban areas as	90804
determined by the director and that are part of the interstate	90805
system and are part of an interstate freeway outerbelt;	90806

(17) Seventy miles per hour at all times on all portions of	90807
freeways that are part of the interstate system and are outside	90808
urbanized areas, as designated in accordance with 23 U.S.C. 101,	90809
for operators of all motor vehicles.	90810

(C) It is prima-facie unlawful for any person to exceed any	90811
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	90812
(6), (7), and (8) of this section, or any declared or established	90813
pursuant to this section by the director or local authorities and	90814
it is unlawful for any person to exceed any of the speed	90815
limitations in division (D) of this section. No person shall be	90816
convicted of more than one violation of this section for the same	90817
conduct, although violations of more than one provision of this	90818
section may be charged in the alternative in a single affidavit.	90819

(D) No person shall operate a motor vehicle, trackless	90820
trolley, or streetcar upon a street or highway as follows:	90821

(1) At a speed exceeding fifty-five miles per hour, except	90822
upon a two-lane state route as provided in division (B)(9) of this	90823
section and upon a freeway as provided in divisions (B)(12), (13),	90824
(14), (16), and (17) of this section;	90825

(2) At a speed exceeding sixty miles per hour upon a two-lane	90826
state route as provided in division (B)(9) of this section.and	90827
upon a freeway as provided in divisions (B)(12) and (13) of this	90828
section;	90829

(3) At a speed exceeding sixty-five miles per hour upon a	90830
freeway as provided in division (B)(16) of this section, except	90831
upon a freeway as provided in ~~division~~divisions (B)(14) and (17)	90832
of this section;	90833

(4) At a speed exceeding seventy miles per hour upon a	90834
freeway as provided in ~~division~~divisions (B)(14) and (17) of this	90835
section;	90836

(5) If a motor vehicle weighing in excess of eight thousand	90837
pounds empty weight or a noncommercial bus as prescribed in	90838
division (B)~~(11)~~(12) of this section, at a speed exceeding	90839
~~fifty-five~~sixty miles per hour, except upon a freeway as provided	90840
in divisions (B)(14), (16), and (17) of this section;	90841

(6) At a speed exceeding the posted speed limit upon a	90842
freeway for which the director has determined and declared a speed	90843
limit of not more than sixty-five miles per hour pursuant to	90844
division (L)(2) or (M) of this section;	90845

(7) At a speed exceeding sixty-five miles per hour upon a	90846
freeway for which such a speed limit has been established through	90847
the operation of division (L)(3) of this section;	90848

(8) At a speed exceeding the posted speed limit upon a	90849
freeway for which the director has determined and declared a speed	90850
limit pursuant to division (I)(2) of this section.	90851

(E) In every charge of violation of this section the	90852
affidavit and warrant shall specify the time, place, and speed at	90853
which the defendant is alleged to have driven, and in charges made	90854
in reliance upon division (C) of this section also the speed which	90855
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	90856
declared or established pursuant to, this section declares is	90857
prima-facie lawful at the time and place of such alleged	90858
violation, except that in affidavits where a person is alleged to	90859
have driven at a greater speed than will permit the person to	90860
bring the vehicle to a stop within the assured clear distance	90861
ahead the affidavit and warrant need not specify the speed at	90862
which the defendant is alleged to have driven.	90863

(F) When a speed in excess of both a prima-facie limitation	90864
and a limitation in division (D) of this section is alleged, the	90865
defendant shall be charged in a single affidavit, alleging a	90866
single act, with a violation indicated of both division (B)(1)(a),	90867
(2), (3), (4), (6), (7), or (8) of this section, or of a limit	90868
declared or established pursuant to this section by the director	90869
or local authorities, and of the limitation in division (D) of	90870
this section. If the court finds a violation of division	90871
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	90872
or established pursuant to, this section has occurred, it shall	90873
enter a judgment of conviction under such division and dismiss the	90874
charge under division (D) of this section. If it finds no	90875
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8)	90876
of, or a limit declared or established pursuant to, this section,	90877
it shall then consider whether the evidence supports a conviction	90878
under division (D) of this section.	90879

(G) Points shall be assessed for violation of a limitation	90880
under division (D) of this section in accordance with section	90881
4510.036 of the Revised Code.	90882

(H)(1) Whenever the director determines upon the basis of a	90883
geometric and traffic characteristic study that any speed limit	90884
set forth in divisions (B)(1)(a) to (D) of this section is greater	90885
or less than is reasonable or safe under the conditions found to	90886
exist at any portion of a street or highway under the jurisdiction	90887
of the director, the director shall determine and declare a	90888
reasonable and safe prima-facie speed limit, which shall be	90889
effective when appropriate signs giving notice of it are erected	90890
at the location.	90891

(2) Whenever the director determines upon the basis of a	90892
geometric and traffic characteristic study that the speed limit of	90893
fifty-five miles per hour on a two-lane state route outside a	90894
municipal corporation is less than is reasonable or safe under the	90895
conditions found to exist at that portion of the state route, the	90896
director may determine and declare a speed limit of sixty miles	90897
per hour for that portion of the state route, which shall be	90898
effective when appropriate signs giving notice of it are erected	90899
at the location.	90900

(I)(1) Except as provided in divisions (I)(2) and (K) of this	90901
section, whenever local authorities determine upon the basis of an	90902
engineering and traffic investigation that the speed permitted by	90903
divisions (B)(1)(a) to (D) of this section, on any part of a	90904
highway under their jurisdiction, is greater than is reasonable	90905
and safe under the conditions found to exist at such location, the	90906
local authorities may by resolution request the director to	90907
determine and declare a reasonable and safe prima-facie speed	90908
limit. Upon receipt of such request the director may determine and	90909
declare a reasonable and safe prima-facie speed limit at such	90910
location, and if the director does so, then such declared speed	90911
limit shall become effective only when appropriate signs giving	90912
notice thereof are erected at such location by the local	90913
authorities. The director may withdraw the declaration of a	90914
prima-facie speed limit whenever in the director's opinion the	90915
altered prima-facie speed becomes unreasonable. Upon such	90916
withdrawal, the declared prima-facie speed shall become	90917
ineffective and the signs relating thereto shall be immediately	90918
removed by the local authorities.	90919

(2) A local authority may determine on the basis of a	90920
geometric and traffic characteristic study that the speed limit of	90921
sixty-five miles per hour on a portion of a freeway under its	90922
jurisdiction that was established through the operation of	90923
division (L)(3) of this section is greater than is reasonable or	90924
safe under the conditions found to exist at that portion of the	90925
freeway. If the local authority makes such a determination, the	90926
local authority by resolution may request the director to	90927
determine and declare a reasonable and safe speed limit of not	90928
less than fifty-five miles per hour for that portion of the	90929
freeway. If the director takes such action, the declared speed	90930
limit becomes effective only when appropriate signs giving notice	90931
of it are erected at such location by the local authority.	90932

(J) Local authorities in their respective jurisdictions may	90933
authorize by ordinance higher prima-facie speeds than those stated	90934
in this section upon through highways, or upon highways or	90935
portions thereof where there are no intersections, or between	90936
widely spaced intersections, provided signs are erected giving	90937
notice of the authorized speed, but local authorities shall not	90938
modify or alter the basic rule set forth in division (A) of this	90939
section or in any event authorize by ordinance a speed in excess	90940
of fifty miles per hour.	90941

Alteration of prima-facie limits on state routes by local	90942
authorities shall not be effective until the alteration has been	90943
approved by the director. The director may withdraw approval of	90944
any altered prima-facie speed limits whenever in the director's	90945
opinion any altered prima-facie speed becomes unreasonable, and	90946
upon such withdrawal, the altered prima-facie speed shall become	90947
ineffective and the signs relating thereto shall be immediately	90948
removed by the local authorities.	90949

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	90950
section, "unimproved highway" means a highway consisting of any of	90951
the following:	90952

(a) Unimproved earth;

90953

(b) Unimproved graded and drained earth;

90954

90955

(2) Except as otherwise provided in divisions (K)(4) and (5)	90956
of this section, whenever a board of township trustees determines	90957
upon the basis of an engineering and traffic investigation that	90958
the speed permitted by division (B)(5) of this section on any part	90959
of an unimproved highway under its jurisdiction and in the	90960
unincorporated territory of the township is greater than is	90961
reasonable or safe under the conditions found to exist at the	90962
location, the board may by resolution declare a reasonable and	90963
safe prima-facie speed limit of fifty-five but not less than	90964
twenty-five miles per hour. An altered speed limit adopted by a	90965
board of township trustees under this division becomes effective	90966
when appropriate traffic control devices, as prescribed in section	90967
4511.11 of the Revised Code, giving notice thereof are erected at	90968
the location, which shall be no sooner than sixty days after	90969
adoption of the resolution.	90970

(3)(a) Whenever, in the opinion of a board of township	90971
trustees, any altered prima-facie speed limit established by the	90972
board under this division becomes unreasonable, the board may	90973
adopt a resolution withdrawing the altered prima-facie speed	90974
limit. Upon the adoption of such a resolution, the altered	90975
prima-facie speed limit becomes ineffective and the traffic	90976
control devices relating thereto shall be immediately removed.	90977

(b) Whenever a highway ceases to be an unimproved highway and	90978
the board has adopted an altered prima-facie speed limit pursuant	90979
to division (K)(2) of this section, the board shall, by	90980
resolution, withdraw the altered prima-facie speed limit as soon	90981
as the highway ceases to be unimproved. Upon the adoption of such	90982
a resolution, the altered prima-facie speed limit becomes	90983
ineffective and the traffic control devices relating thereto shall	90984
be immediately removed.	90985

(4)(a) If the boundary of two townships rests on the	90986
centerline of an unimproved highway in unincorporated territory	90987
and both townships have jurisdiction over the highway, neither of	90988
the boards of township trustees of such townships may declare an	90989
altered prima-facie speed limit pursuant to division (K)(2) of	90990
this section on the part of the highway under their joint	90991
jurisdiction unless the boards of township trustees of both of the	90992
townships determine, upon the basis of an engineering and traffic	90993
investigation, that the speed permitted by division (B)(5) of this	90994
section is greater than is reasonable or safe under the conditions	90995
found to exist at the location and both boards agree upon a	90996
reasonable and safe prima-facie speed limit of less than	90997
fifty-five but not less than twenty-five miles per hour for that	90998
location. If both boards so agree, each shall follow the procedure	90999
specified in division (K)(2) of this section for altering the	91000
prima-facie speed limit on the highway. Except as otherwise	91001
provided in division (K)(4)(b) of this section, no speed limit	91002
altered pursuant to division (K)(4)(a) of this section may be	91003
withdrawn unless the boards of township trustees of both townships	91004
determine that the altered prima-facie speed limit previously	91005
adopted becomes unreasonable and each board adopts a resolution	91006
withdrawing the altered prima-facie speed limit pursuant to the	91007
procedure specified in division (K)(3)(a) of this section.	91008

(b) Whenever a highway described in division (K)(4)(a) of	91009
this section ceases to be an unimproved highway and two boards of	91010
township trustees have adopted an altered prima-facie speed limit	91011
pursuant to division (K)(4)(a) of this section, both boards shall,	91012
by resolution, withdraw the altered prima-facie speed limit as	91013
soon as the highway ceases to be unimproved. Upon the adoption of	91014
the resolution, the altered prima-facie speed limit becomes	91015
ineffective and the traffic control devices relating thereto shall	91016
be immediately removed.	91017

(5) As used in division (K)(5) of this section:

91018

(a) "Commercial subdivision" means any platted territory	91019
outside the limits of a municipal corporation and fronting a	91020
highway where, for a distance of three hundred feet or more, the	91021
frontage is improved with buildings in use for commercial	91022
purposes, or where the entire length of the highway is less than	91023
three hundred feet long and the frontage is improved with	91024
buildings in use for commercial purposes.	91025

(b) "Residential subdivision" means any platted territory	91026
outside the limits of a municipal corporation and fronting a	91027
highway, where, for a distance of three hundred feet or more, the	91028
frontage is improved with residences or residences and buildings	91029
in use for business, or where the entire length of the highway is	91030
less than three hundred feet long and the frontage is improved	91031
with residences or residences and buildings in use for business.	91032

Whenever a board of township trustees finds upon the basis of	91033
an engineering and traffic investigation that the prima-facie	91034
speed permitted by division (B)(5) of this section on any part of	91035
a highway under its jurisdiction that is located in a commercial	91036
or residential subdivision, except on highways or portions thereof	91037
at the entrances to which vehicular traffic from the majority of	91038
intersecting highways is required to yield the right-of-way to	91039
vehicles on such highways in obedience to stop or yield signs or	91040
traffic control signals, is greater than is reasonable and safe	91041
under the conditions found to exist at the location, the board may	91042
by resolution declare a reasonable and safe prima-facie speed	91043
limit of less than fifty-five but not less than twenty-five miles	91044
per hour at the location. An altered speed limit adopted by a	91045
board of township trustees under this division shall become	91046
effective when appropriate signs giving notice thereof are erected	91047
at the location by the township. Whenever, in the opinion of a	91048
board of township trustees, any altered prima-facie speed limit	91049
established by it under this division becomes unreasonable, it may	91050
adopt a resolution withdrawing the altered prima-facie speed, and	91051
upon such withdrawal, the altered prima-facie speed shall become	91052
ineffective, and the signs relating thereto shall be immediately	91053
removed by the township.	91054

(L)(1) Within one hundred twenty days of February 29, 1996,	91055
the director of transportation, based upon a geometric and traffic	91056
characteristic study of a freeway that is part of the interstate	91057
system or that is not part of the interstate system, but is built	91058
to the standards and specifications that are applicable to	91059
freeways that are part of the interstate system, in consultation	91060
with the director of public safety and, if applicable, the local	91061
authority having jurisdiction over a portion of such freeway, may	91062
determine and declare that the speed limit of less than sixty-five	91063
miles per hour established on such freeway or portion of freeway	91064
either is reasonable and safe or is less than that which is	91065
reasonable and safe.	91066

(2) If the established speed limit for such a freeway or	91067
portion of freeway is determined to be less than that which is	91068
reasonable and safe, the director of transportation, in	91069
consultation with the director of public safety and, if	91070
applicable, the local authority having jurisdiction over the	91071
portion of freeway, shall determine and declare a reasonable and	91072
safe speed limit of not more than sixty-five miles per hour for	91073
that freeway or portion of freeway.	91074

The director of transportation or local authority having	91075
jurisdiction over the freeway or portion of freeway shall erect	91076
appropriate signs giving notice of the speed limit at such	91077
location within one hundred fifty days of February 29, 1996. Such	91078
speed limit becomes effective only when such signs are erected at	91079
the location.	91080

(3) If, within one hundred twenty days of February 29, 1996,	91081
the director of transportation does not make a determination and	91082
declaration of a reasonable and safe speed limit for a freeway or	91083
portion of freeway that is part of the interstate system or that	91084
is not part of the interstate system, but is built to the	91085
standards and specifications that are applicable to freeways that	91086
are part of the interstate system and that has a speed limit of	91087
less than sixty-five miles per hour, the speed limit on that	91088
freeway or portion of a freeway shall be sixty-five miles per	91089
hour. The director of transportation or local authority having	91090
jurisdiction over the freeway or portion of the freeway shall	91091
erect appropriate signs giving notice of the speed limit of	91092
sixty-five miles per hour at such location within one hundred	91093
fifty days of February 29, 1996. Such speed limit becomes	91094
effective only when such signs are erected at the location. A	91095
speed limit established through the operation of division (L)(3)	91096
of this section is subject to reduction under division (I)(2) of	91097
this section.	91098

(M) Within three hundred sixty days after February 29, 1996,	91099
the director of transportation, based upon a geometric and traffic	91100
characteristic study of a rural, divided, multi-lane highway that	91101
has been designated as part of the national highway system under	91102
the "National Highway System Designation Act of 1995," 109 Stat.	91103
568, 23 U.S.C.A. 103, in consultation with the director of public	91104
safety and, if applicable, the local authority having jurisdiction	91105
over a portion of the highway, may determine and declare that the	91106
speed limit of less than sixty-five miles per hour established on	91107
the highway or portion of highway either is reasonable and safe or	91108
is less than that which is reasonable and safe.	91109

If the established speed limit for the highway or portion of	91110
highway is determined to be less than that which is reasonable and	91111
safe, the director of transportation, in consultation with the	91112
director of public safety and, if applicable, the local authority	91113
having jurisdiction over the portion of highway, shall determine	91114
and declare a reasonable and safe speed limit of not more than	91115
sixty-five miles per hour for that highway or portion of highway.	91116
The director of transportation or local authority having	91117
jurisdiction over the highway or portion of highway shall erect	91118
appropriate signs giving notice of the speed limit at such	91119
location within three hundred ninety days after February 29, 1996.	91120
The speed limit becomes effective only when such signs are erected	91121
at the location.	91122

(N)(1)(a) If the boundary of two local authorities rests on	91123
the centerline of a highway and both authorities have jurisdiction	91124
over the highway, the speed limit for the part of the highway	91125
within their joint jurisdiction shall be either one of the	91126
following as agreed to by both authorities:	91127

(i) Either prima-facie speed limit permitted by division (B)	91128
of this section;	91129

(ii) An altered speed limit determined and posted in	91130
accordance with this section.	91131

(b) If the local authorities are unable to reach an	91132
agreement, the speed limit shall remain as established and posted	91133
under this section.	91134

(2) Neither local authority may declare an altered	91135
prima-facie speed limit pursuant to this section on the part of	91136
the highway under their joint jurisdiction unless both of the	91137
local authorities determine, upon the basis of an engineering and	91138
traffic investigation, that the speed permitted by this section is	91139
greater than is reasonable or safe under the conditions found to	91140
exist at the location and both authorities agree upon a uniform	91141
reasonable and safe prima-facie speed limit of less than	91142
fifty-five but not less than twenty-five miles per hour for that	91143
location. If both authorities so agree, each shall follow the	91144
procedure specified in this section for altering the prima-facie	91145
speed limit on the highway, and the speed limit for the part of	91146
the highway within their joint jurisdiction shall be uniformly	91147
altered. No altered speed limit may be withdrawn unless both local	91148
authorities determine that the altered prima-facie speed limit	91149
previously adopted becomes unreasonable and each adopts a	91150
resolution withdrawing the altered prima-facie speed limit	91151
pursuant to the procedure specified in this section.	91152

(O) As used in this section:

91153

(1) "Interstate system" has the same meaning as in 23	91154
U.S.C.A. 101.	91155

(2) "Commercial bus" means a motor vehicle designed for	91156
carrying more than nine passengers and used for the transportation	91157
of persons for compensation.	91158

(3) "Noncommercial bus" includes but is not limited to a	91159
school bus or a motor vehicle operated solely for the	91160
transportation of persons associated with a charitable or	91161
nonprofit organization.	91162

(4) "Outerbelt" means a portion of a freeway that is part of	91163
the interstate system and is located in the outer vicinity of a	91164
major municipal corporation or group of municipal corporations, as	91165
designated by the director.	91166

(P)(1) A violation of any provision of this section is one of	91167
the following:	91168

(a) Except as otherwise provided in divisions (P)(1)(b),	91169
(1)(c), (2), and (3) of this section, a minor misdemeanor;	91170

(b) If, within one year of the offense, the offender	91171
previously has been convicted of or pleaded guilty to two	91172
violations of any provision of this section or of any provision of	91173
a municipal ordinance that is substantially similar to any	91174
provision of this section, a misdemeanor of the fourth degree;	91175

(c) If, within one year of the offense, the offender	91176
previously has been convicted of or pleaded guilty to three or	91177
more violations of any provision of this section or of any	91178
provision of a municipal ordinance that is substantially similar	91179
to any provision of this section, a misdemeanor of the third	91180
degree.	91181

(2) If the offender has not previously been convicted of or	91182
pleaded guilty to a violation of any provision of this section or	91183
of any provision of a municipal ordinance that is substantially	91184
similar to this section and operated a motor vehicle faster than	91185
thirty-five miles an hour in a business district of a municipal	91186
corporation, faster than fifty miles an hour in other portions of	91187
a municipal corporation, or faster than thirty-five miles an hour	91188
in a school zone during recess or while children are going to or	91189
leaving school during the school's opening or closing hours, a	91190
misdemeanor of the fourth degree.	91191

(3) Notwithstanding division (P)(1) of this section, if the	91192
offender operated a motor vehicle in a construction zone where a	91193
sign was then posted in accordance with section 4511.98 of the	91194
Revised Code, the court, in addition to all other penalties	91195
provided by law, shall impose upon the offender a fine of two	91196
times the usual amount imposed for the violation. No court shall	91197
impose a fine of two times the usual amount imposed for the	91198
violation upon an offender if the offender alleges, in an	91199
affidavit filed with the court prior to the offender's sentencing,	91200
that the offender is indigent and is unable to pay the fine	91201
imposed pursuant to this division and if the court determines that	91202
the offender is an indigent person and unable to pay the fine.	91203

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	91204
roadway where there is an adjacent curb shall be stopped or parked	91205
with the right-hand wheels of the vehicle parallel with and not	91206
more than twelve inches from the right-hand curb, unless it is	91207
impossible to approach so close to the curb; in such case the stop	91208
shall be made as close to the curb as possible and only for the	91209
time necessary to discharge and receive passengers or to load or	91210
unload merchandise. Local authorities by ordinance may permit	91211
angle parking on any roadway under their jurisdiction, except that	91212
angle parking shall not be permitted on a state route within a	91213
municipal corporation unless an unoccupied roadway width of not	91214
less than twenty-five feet is available for free-moving traffic.	91215

(B) Local authorities by ordinance may permit parking of	91216
vehicles with the left-hand wheels adjacent to and within twelve	91217
inches of the left-hand curb of a one-way roadway.	91218

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	91219
section, no vehicle or trackless trolley shall be stopped or	91220
parked on a road or highway with the vehicle or trackless trolley	91221
facing in a direction other than the direction of travel on that	91222
side of the road or highway.	91223

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	91224
into an angled parking space so that when the motorcycle is parked	91225
it is facing in a direction other than the direction of travel on	91226
the side of the road or highway.	91227

(2) The operator of a motorcycle may back the motorcycle into	91228
a parking space that is located on the side of, and parallel to, a	91229
road or highway. The motorcycle may face any direction when so	91230
parked. Not more than two motorcycles at a time shall be parked in	91231
a parking space as described in division (C)(2) of this section	91232
irrespective of whether or not the space is metered.	91233

(D) Notwithstanding any statute or any rule, resolution, or	91234
ordinance adopted by any local authority, air compressors,	91235
tractors, trucks, and other equipment, while being used in the	91236
construction, reconstruction, installation, repair, or removal of	91237
facilities near, on, over, or under a street or highway, may stop,	91238
stand, or park where necessary in order to perform such work,	91239
provided a flagperson is on duty or warning signs or lights are	91240
displayed as may be prescribed by the director of transportation.	91241

(E) Special parking locations and privileges for persons with	91242
disabilities that limit or impair the ability to walk, also known	91243
as handicapped parking spaces or disability parking spaces, shall	91244
be provided and designated by all political subdivisions and by	91245
the state and all agencies and instrumentalities thereof at all	91246
offices and facilities, where parking is provided, whether owned,	91247
rented, or leased, and at all publicly owned parking garages. The	91248
locations shall be designated through the posting of an elevated	91249
sign, whether permanently affixed or movable, imprinted with the	91250
international symbol of access and shall be reasonably close to	91251
exits, entrances, elevators, and ramps. All elevated signs posted	91252
in accordance with this division and division (C) of section	91253
3781.111 of the Revised Code shall be mounted on a fixed or	91254
movable post, and the distance from the ground to the bottom edge	91255
of the sign shall measure not less than five feet. If a new sign	91256
or a replacement sign designating a special parking location is	91257
posted on or after October 14, 1999, there also shall be affixed	91258
upon the surface of that sign or affixed next to the designating	91259
sign a notice that states the fine applicable for the offense of	91260
parking a motor vehicle in the special designated parking location	91261
if the motor vehicle is not legally entitled to be parked in that	91262
location.	91263

(F)(1) No person shall stop, stand, or park any motor vehicle	91264
at special parking locations provided under division (E) of this	91265
section or at special clearly marked parking locations provided in	91266
or on privately owned parking lots, parking garages, or other	91267
parking areas and designated in accordance with that division,	91268
unless one of the following applies:	91269

(a) The motor vehicle is being operated by or for the	91270
transport of a person with a disability that limits or impairs the	91271
ability to walk and is displaying a valid removable windshield	91272
placard or special license plates;	91273

(b) The motor vehicle is being operated by or for the	91274
transport of a handicapped person and is displaying a parking card	91275
or special handicapped license plates.	91276

(2) Any motor vehicle that is parked in a special marked	91277
parking location in violation of division (F)(1)(a) or (b) of this	91278
section may be towed or otherwise removed from the parking	91279
location by the law enforcement agency of the political	91280
subdivision in which the parking location is located. A motor	91281
vehicle that is so towed or removed shall not be released to its	91282
owner until the owner presents proof of ownership of the motor	91283
vehicle and pays all towing and storage fees normally imposed by	91284
that political subdivision for towing and storing motor vehicles.	91285
If the motor vehicle is a leased vehicle, it shall not be released	91286
to the lessee until the lessee presents proof that that person is	91287
the lessee of the motor vehicle and pays all towing and storage	91288
fees normally imposed by that political subdivision for towing and	91289
storing motor vehicles.	91290

(3) If a person is charged with a violation of division	91291
(F)(1)(a) or (b) of this section, it is an affirmative defense to	91292
the charge that the person suffered an injury not more than	91293
seventy-two hours prior to the time the person was issued the	91294
ticket or citation and that, because of the injury, the person	91295
meets at least one of the criteria contained in division (A)(1) of	91296
section 4503.44 of the Revised Code.	91297

(G) When a motor vehicle is being operated by or for the	91298
transport of a person with a disability that limits or impairs the	91299
ability to walk and is displaying a removable windshield placard	91300
or a temporary removable windshield placard or special license	91301
plates, or when a motor vehicle is being operated by or for the	91302
transport of a handicapped person and is displaying a parking card	91303
or special handicapped license plates, the motor vehicle is	91304
permitted to park for a period of two hours in excess of the legal	91305
parking period permitted by local authorities, except where local	91306
ordinances or police rules provide otherwise or where the vehicle	91307
is parked in such a manner as to be clearly a traffic hazard.	91308

(H) No owner of an office, facility, or parking garage where	91309
special parking locations are required to be designated in	91310
accordance with division (E) of this section shall fail to	91311
properly mark the special parking locations in accordance with	91312
that division or fail to maintain the markings of the special	91313
locations, including the erection and maintenance of the fixed or	91314
movable signs.	91315

(I) Nothing in this section shall be construed to require a	91316
person or organization to apply for a removable windshield placard	91317
or special license plates if the parking card or special license	91318
plates issued to the person or organization under prior law have	91319
not expired or been surrendered or revoked.	91320

(J)(1) Whoever violates division (A) or (C) of this section	91321
is guilty of a minor misdemeanor.	91322

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	91323
section is guilty of a misdemeanor and shall be punished as	91324
provided in division (J)(2)(a) and (b) of this section. Except as	91325
otherwise provided in division (J)(2)(a) of this section, an	91326
offender who violates division (F)(1)(a) or (b) of this section	91327
shall be fined not less than two hundred fifty nor more than five	91328
hundred dollars. An offender who violates division (F)(1)(a) or	91329
(b) of this section shall be fined not more than one hundred	91330
dollars if the offender, prior to sentencing, proves either of the	91331
following to the satisfaction of the court:	91332

(i) At the time of the violation of division (F)(1)(a) of	91333
this section, the offender or the person for whose transport the	91334
motor vehicle was being operated had been issued a removable	91335
windshield placard that then was valid or special license plates	91336
that then were valid but the offender or the person neglected to	91337
display the placard or license plates as described in division	91338
(F)(1)(a) of this section.	91339

(ii) At the time of the violation of division (F)(1)(b) of	91340
this section, the offender or the person for whose transport the	91341
motor vehicle was being operated had been issued a parking card	91342
that then was valid or special handicapped license plates that	91343
then were valid but the offender or the person neglected to	91344
display the card or license plates as described in division	91345
(F)(1)(b) of this section.	91346

(b) In no case shall an offender who violates division	91347
(F)(1)(a) or (b) of this section be sentenced to any term of	91348
imprisonment.	91349

An arrest or conviction for a violation of division (F)(1)(a)	91350
or (b) of this section does not constitute a criminal record and	91351
need not be reported by the person so arrested or convicted in	91352
response to any inquiries contained in any application for	91353
employment, license, or other right or privilege, or made in	91354
connection with the person's appearance as a witness.	91355

The clerk of the court shall pay every fine collected under	91356
division (J)(2) of this section to the political subdivision in	91357
which the violation occurred. Except as provided in division	91358
(J)(2) of this section, the political subdivision shall use the	91359
fine moneys it receives under division (J)(2) of this section to	91360
pay the expenses it incurs in complying with the signage and	91361
notice requirements contained in division (E) of this section. The	91362
political subdivision may use up to fifty per cent of each fine it	91363
receives under division (J)(2) of this section to pay the costs of	91364
educational, advocacy, support, and assistive technology programs	91365
for persons with disabilities, and for public improvements within	91366
the political subdivision that benefit or assist persons with	91367
disabilities, if governmental agencies or nonprofit organizations	91368
offer the programs.	91369

(3) Whoever violates division (H) of this section shall be	91370
punished as follows:	91371

(a) Except as otherwise provided in division (J)(3) of this	91372
section, the offender shall be issued a warning.	91373

(b) If the offender previously has been convicted of or	91374
pleaded guilty to a violation of division (H) of this section or	91375
of a municipal ordinance that is substantially similar to that	91376
division, the offender shall not be issued a warning but shall be	91377
fined not more than twenty-five dollars for each parking location	91378
that is not properly marked or whose markings are not properly	91379
maintained.	91380

(K) As used in this section:

91381

(1) "Handicapped person" means any person who has lost the	91382
use of one or both legs or one or both arms, who is blind, deaf,	91383
or so severely handicapped as to be unable to move without the aid	91384
of crutches or a wheelchair, or whose mobility is restricted by a	91385
permanent cardiovascular, pulmonary, or other handicapping	91386
condition.	91387

(2) "Person with a disability that limits or impairs the	91388
ability to walk" has the same meaning as in section 4503.44 of the	91389
Revised Code.	91390

(3) "Special license plates" and "removable windshield	91391
placard" mean any license plates or removable windshield placard	91392
or temporary removable windshield placard issued under section	91393
4503.41 or 4503.44 of the Revised Code, and also mean any	91394
substantially similar license plates or removable windshield	91395
placard or temporary removable windshield placard issued by a	91396
state, district, country, or sovereignty.	91397

Sec. 4511.85. (A) The operator of a chauffeured limousine	91398
shall accept passengers only on the basis of prearranged	91399
contracts, as defined in division (LL) of section 4501.01 of the	91400
Revised Code, and shall not cruise in search of patronage unless	91401
the limousine is in compliance with any statute or ordinance	91402
governing the operation of taxicabs or other similar vehicles for	91403
hire.	91404

(B) The operator of a chauffeured limousine may provide	91405
transportation to passengers who arrange for the transportation	91406
through an intermediary, including a digital dispatching service.	91407
Notwithstanding any law to the contrary, when providing	91408
transportation arranged through an intermediary, the operator of a	91409
chauffeured limousine may establish the fare and method of fare	91410
calculation, so long as the method of fare calculation is provided	91411
to the passenger upon request.	91412

(C) No person shall advertise or hold self out as doing	91413
business as a limousine service or livery service or other similar	91414
designation unless each vehicle used by the person to provide the	91415
service is registered in accordance with section 4503.24 of the	91416
Revised Code and is in compliance with section 4509.80 of the	91417
Revised Code.	91418

~~(C)~~(D) Whoever violates this section is guilty of a	91419
misdemeanor of the first degree.	91420

Sec. 4513.34. (A)(1) The director of transportation with	91421
respect to all highways that are a part of the state highway	91422
system and local authorities with respect to highways under their	91423
jurisdiction, upon application in writing, shall issue a special	91424
regional heavy hauling permit authorizing the applicant to operate	91425
or move a vehicle or combination of vehicles as follows:	91426

(a) At a size or weight of vehicle or load exceeding the	91427
maximum specified in sections 5577.01 to 5577.09 of the Revised	91428
Code, or otherwise not in conformity with sections 4513.01 to	91429
4513.37 of the Revised Code;	91430

(b) Upon any highway under the jurisdiction of the authority	91431
granting the permit except those highways with a condition	91432
insufficient to bear the weight of the vehicle or combination of	91433
vehicles as stated in the application;	91434

(c) For regional trips at distances of one hundred fifty	91435
miles or less from a facility stated on the application as the	91436
applicant's point of origin.	91437

Issuance of a special regional heavy hauling permit is	91438
subject to the payment of a fee established by the director or	91439
local authority in accordance with this section.	91440

(2) In circumstances where a person is not eligible to	91441
receive a permit under division (A)(1) of this section, the	91442
director of transportation with respect to all highways that are a	91443
part of the state highway system and local authorities with	91444
respect to highways under their jurisdiction, upon application in	91445
writing and for good cause shown, may issue a special permit in	91446
writing authorizing the applicant to operate or move a vehicle or	91447
combination of vehicles of a size or weight of vehicle or load	91448
exceeding the maximum specified in sections 5577.01 to 5577.09 of	91449
the Revised Code, or otherwise not in conformity with sections	91450
4513.01 to 4513.37 of the Revised Code, upon any highway under the	91451
jurisdiction of the authority granting the permit.	91452

(3) For purposes of this section, the director may designate	91453
certain state highways or portions of state highways as special	91454
economic development highways. If an application submitted to the	91455
director under this section involves travel of a nonconforming	91456
vehicle or combination of vehicles upon a special economic	91457
development highway, the director, in determining whether good	91458
cause has been shown that issuance of a permit is justified, shall	91459
consider the effect the travel of the vehicle or combination of	91460
vehicles will have on the economic development in the area in	91461
which the designated highway or portion of highway is located.	91462

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	91463
Code, the holder of a permit issued by the director under this	91464
section may move the vehicle or combination of vehicles described	91465
in the permit on any highway that is a part of the state highway	91466
system when the movement is partly within and partly without the	91467
corporate limits of a municipal corporation. No local authority	91468
shall require any other permit or license or charge any license	91469
fee or other charge against the holder of a permit for the	91470
movement of a vehicle or combination of vehicles on any highway	91471
that is a part of the state highway system. The director shall not	91472
require the holder of a permit issued by a local authority to	91473
obtain a special permit for the movement of vehicles or	91474
combination of vehicles on highways within the jurisdiction of the	91475
local authority. Permits may be issued for any period of time not	91476
to exceed one year, as the director in the director's discretion	91477
or a local authority in its discretion determines advisable, or	91478
for the duration of any public construction project.	91479

(C)(1) The application for a permit issued under this section	91480
shall be in the form that the director or local authority	91481
prescribes. The director or local authority may prescribe a permit	91482
fee to be imposed and collected when any permit described in this	91483
section is issued. The permit fee may be in an amount sufficient	91484
to reimburse the director or local authority for the	91485
administrative costs incurred in issuing the permit, and also to	91486
cover the cost of the normal and expected damage caused to the	91487
roadway or a street or highway structure as the result of the	91488
operation of the nonconforming vehicle or combination of vehicles.	91489
The director, in accordance with Chapter 119. of the Revised Code,	91490
shall establish a schedule of fees for permits issued by the	91491
director under this section; however, the fee to operate a triple	91492
trailer unit, at locations authorized under federal law, shall be	91493
one hundred dollars.	91494

(2) For the purposes of this section and of rules adopted by	91495
the director under this section, milk transported in bulk by	91496
vehicle is deemed a nondivisible load.	91497

(3) For purposes of this section and of rules adopted by the	91498
director under this section, three or fewer aluminum coils,	91499
transported by a vehicle, are deemed a nondivisible load. The	91500
director shall adopt rules establishing requirements for an	91501
aluminum coil permit that are substantially similar to the	91502
requirements for a steel coil permit under Chapter 5501:2-1 of the	91503
Administrative Code.	91504

(D) The director or a local authority shall issue a special	91505
regional heavy hauling permit under division (A)(1) of this	91506
section upon application and payment of the applicable fee.	91507
However, the director or local authority may issue or withhold a	91508
special permit specified in division (A)(2) of this section. If a	91509
permit is to be issued, the director or local authority may limit	91510
or prescribe conditions of operation for the vehicle and may	91511
require the posting of a bond or other security conditioned upon	91512
the sufficiency of the permit fee to compensate for damage caused	91513
to the roadway or a street or highway structure. In addition, a	91514
local authority, as a condition of issuance of an overweight	91515
permit, may require the applicant to develop and enter into a	91516
mutual agreement with the local authority to compensate for or to	91517
repair excess damage caused to the roadway by travel under the	91518
permit.	91519

For a permit that will allow travel of a nonconforming	91520
vehicle or combination of vehicles on a special economic	91521
development highway, the director, as a condition of issuance, may	91522
require the applicant to agree to make periodic payments to the	91523
department to compensate for damage caused to the roadway by	91524
travel under the permit.	91525

(E) Every permit issued under this section shall be carried	91526
in the vehicle or combination of vehicles to which it refers and	91527
shall be open to inspection by any police officer or authorized	91528
agent of any authority granting the permit. No person shall	91529
violate any of the terms of a permit.	91530

(F) The director may debar an applicant from applying for a	91531
permit under this section upon a finding based on a reasonable	91532
belief that the applicant has done any of the following:	91533

(1) Abused the process by repeatedly submitting false	91534
information or false travel plans or by using another company or	91535
individual's name, insurance, or escrow account without proper	91536
authorization;	91537

(2) Failed to comply with or substantially perform under a	91538
previously issued permit according to its terms, conditions, and	91539
specifications within specified time limits;	91540

(3) Failed to cooperate in the application process for the	91541
permit or in any other procedures that are related to the issuance	91542
of the permit by refusing to provide information or documents	91543
required in a permit or by failing to respond to and correct	91544
matters related to the permit;	91545

(4) Accumulated repeated justified complaints regarding	91546
performance under a permit that was previously issued to the	91547
applicant or previously failed to obtain a permit when such a	91548
permit was required;	91549

(5) Attempted to influence a public employee to breach	91550
ethical conduct standards;	91551

(6) Been convicted of a criminal offense related to the	91552
application for, or performance under, a permit, including, but	91553
not limited to, bribery, falsification, fraud or destruction of	91554
records, receiving stolen property, and any other offense that	91555
directly reflects on the applicant's integrity or commercial	91556
driver's license;	91557

(7) Accumulated repeated convictions under a state or federal	91558
safety law governing commercial motor vehicles or a rule or	91559
regulation adopted under such a law;	91560

(8) Accumulated repeated convictions under a law, rule, or	91561
regulation governing the movement of traffic over the public	91562
streets and highways;	91563

(9) Failed to pay any fees associated with any permitted	91564
operation or move;	91565

(10) Deliberately or willfully submitted false or misleading	91566
information in connection with the application for, or performance	91567
under, a permit issued under this section.	91568

If the applicant is a partnership, association, or	91569
corporation, the director also may debar from consideration for	91570
permits any partner of the partnership, or the officers,	91571
directors, or employees of the association or corporation being	91572
debarred.	91573

The director may adopt rules in accordance with Chapter 119.	91574
of the Revised Code governing the debarment of an applicant.	91575

(G) When the director reasonably believes that grounds for	91576
debarment exist, the director shall send the person that is	91577
subject to debarment a notice of the proposed debarment. A notice	91578
of proposed debarment shall indicate the grounds for the debarment	91579
of the person and the procedure for requesting a hearing. The	91580
notice and hearing shall be in accordance with Chapter 119. of the	91581
Revised Code. If the person does not respond with a request for a	91582
hearing in the manner specified in that chapter, the director	91583
shall issue the debarment decision without a hearing and shall	91584
notify the person of the decision by certified mail, return	91585
receipt requested. The debarment period may be of any length	91586
determined by the director, and the director may modify or rescind	91587
the debarment at any time. During the period of debarment, the	91588
director shall not issue, or consider issuing, a permit under this	91589
section to any partnership, association, or corporation that is	91590
affiliated with a debarred person. After the debarment period	91591
expires, the person, and any partnership, association, or	91592
corporation affiliated with the person, may reapply for a permit.	91593

(H)(1) No person shall violate the terms of a permit issued	91594
under this section that relate to gross load limits.	91595

(2) No person shall violate the terms of a permit issued	91596
under this section that relate to axle load by more than two	91597
thousand pounds per axle or group of axles.	91598

(3) No person shall violate the terms of a permit issued	91599
under this section that relate to an approved route except upon	91600
order of a law enforcement officer or authorized agent of the	91601
issuing authority.	91602

(I) Whoever violates division (H) of this section shall be	91603
punished as provided in section 4513.99 of the Revised Code.	91604

(J) A permit issued by the department of transportation or a	91605
local authority under this section for the operation of a vehicle	91606
or combination of vehicles is valid for the purposes of the	91607
vehicle operation in accordance with the conditions and	91608
limitations specified on the permit. Such a permit is voidable by	91609
law enforcement only for operation of a vehicle or combination of	91610
vehicles in violation of the weight, dimension, or route	91611
provisions of the permit. However, a permit is not voidable for	91612
operation in violation of a route provision of a permit if the	91613
operation is upon the order of a law enforcement officer.	91614

Sec. 4519.11. One dollar and twenty-five cents of each fee	91615
collected under sections 4519.04 and 4519.09 of the Revised Code	91616
shall be paid into the state bureau of motor vehicles fund created	91617
by section 4501.25 of the Revised Code. All other fees, and all	91618
taxes and fines levied, charged, or referred to in this chapter,	91619
unless otherwise designated by law, shall be deposited into the	91620
state treasury to the credit of the state recreational vehicle	91621
fund, which is hereby created. The state recreational vehicle fund	91622
shall be used for the purpose of enforcing and administering the	91623
law relative to the registration and operation of snowmobiles,	91624
off-highway motorcycles, and all-purpose vehicles within the	91625
state,. In addition, subject to controlling board approval, the	91626
fund shall be used for the purpose of expanding the activities of	91627
the department of natural resources to provide trails and other	91628
areas for the operation of such vehicles on state-controlled land	91629
and waters, for the purchase of additional land to be used for	91630
such purposes, and for the development and implementation by the	91631
department of programs relating to the safe use and enjoyment of	91632
snowmobiles, off-highway motorcycles, and all-purpose vehicles.	91633

All investment earnings of the state recreational vehicle	91634
fund shall be credited to the fund.	91635

Notwithstanding section 1501.01 of the Revised Code, nothing	91636
in this section authorizes the appropriation of property to	91637
provide trails and other areas for the operation of snowmobiles,	91638
off-highway motorcycles, and all-purpose vehicles.	91639

Sec. 4701.03. (A) The accountancy board annually shall elect	91640
a president, secretary, and treasurer from its members. The board	91641
may adopt and amend rules for the orderly conduct of its affairs	91642
and for the administration of this chapter. The board may adopt	91643
and amend rules defining the practice of public accounting, rules	91644
of professional conduct appropriate to establish and maintain a	91645
high standard of integrity and dignity in registrants and	91646
certificate holders under this chapter, and rules regulating the	91647
sole proprietorship, partnership, limited liability company,	91648
professional association, corporation-for-profit, or other legal	91649
entity practice of public accounting. A majority of the board	91650
shall constitute a quorum for the transaction of business.	91651

(B) The board shall keep and hold open for public inspection	91652
all records of its proceedings.	91653

(C) The board may employ any clerks that are necessary to	91654
assist it in the performance of its duties and the keeping of its	91655
records. If the board employs an executive director, the board	91656
shall pay the executive director ~~shall be paid~~ in accordance with	91657
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	91658
~~Code, or, if the director was employed and being paid on June 28,~~	91659
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	91660
~~former section 124.152 of the Revised Code and continued to be so~~	91661
~~paid on June 29, 2003, the executive director shall be paid in~~	91662
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	91663
~~only of~~ section 124.152 of the Revised Code.	91664

Sec. 4707.02. (A) No person shall act as an auction firm,	91665
auctioneer, apprentice auctioneer, or special auctioneer within	91666
this state without a license issued by the department of	91667
agriculture. No auction shall be conducted in this state except by	91668
an auctioneer licensed by the department.	91669

The department shall not issue or renew a license if the	91670
applicant or licensee has been convicted of a felony or crime	91671
involving fraud or theft in this or another state at any time	91672
during the ten years immediately preceding application or renewal.	91673

(B) Division (A) of this section does not apply to any of the	91674
following:	91675

(1) Sales at auction that either are required by law to be at	91676
auction, other than sales pursuant to a judicial order or decree,	91677
or are conducted by or under the direction of a public authority;	91678

(2) The owner of any real or personal property desiring to	91679
sell the property at auction, provided that the property was not	91680
acquired for the purpose of resale;	91681

(3) An auction mediation company;

91682

(4) An auction that is conducted in a course of study for	91683
auctioneers that is approved by the state auctioneers commission	91684
created under section 4707.03 of the Revised Code for purposes of	91685
student training and is supervised by a licensed auctioneer;	91686

(5)(a) An auction that is sponsored by a nonprofit or	91687
charitable organization that is registered in this state under	91688
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	91689
if the auction only involves the property of the members of the	91690
organization and the auction is part of a fair that is organized	91691
by an agricultural society under Chapter 1711. of the Revised Code	91692
or by the Ohio expositions commission under Chapter 991. of the	91693
Revised Code at which an auctioneer who is licensed under this	91694
chapter physically conducts the auction; or	91695

(b) Sales at an auction sponsored by a charitable, religious,	91696
or civic organization that is tax exempt under subsection	91697
501(c)(3) of the Internal Revenue Code, or by a public school,	91698
chartered nonpublic school, or community school, if no person in	91699
the business of organizing, arranging, or conducting an auction	91700
for compensation and no consignor of consigned items sold at the	91701
auction, except such organization or school, receives compensation	91702
from the proceeds of the auction. As used in division (B)(5)(b) of	91703
this section, "compensation" means money, a thing of value other	91704
than participation in a charitable event, or a financial benefit.	91705

(6) A person licensed as a livestock dealer under Chapter	91706
943. of the Revised Code who exclusively sells livestock and uses	91707
an auctioneer who is licensed under this chapter to conduct the	91708
auction;	91709

(7) A person licensed as a motor vehicle auction owner under	91710
Chapter 4517. of the Revised Code who exclusively sells motor	91711
vehicles to a person licensed under Chapter 4517. of the Revised	91712
Code and who uses an auctioneer who is licensed under this chapter	91713
to conduct the auction;	91714

(8) A person who sells real or personal property by means of	91715
the internet;	91716

(9) A bid calling contest that is approved by the commission	91717
and that is conducted for the purposes of the advancement or	91718
promotion of the auction profession in this state, provided that	91719
no compensation is paid to the sponsor of or participants in the	91720
contest other than a prize or award for winning the contest;	91721

(10) An auction at which the champion of a national or	91722
international bid calling contest appears, provided that both of	91723
the following apply:	91724

(a) The champion is not paid a commission.

91725

(b) The auction is conducted under the direct supervision of	91726
an auctioneer licensed under this chapter in order to ensure that	91727
the champion complies with this chapter and rules adopted under	91728
it.	91729

(C)(1) No person shall advertise or hold oneself out as an	91730
auction firm, auctioneer, apprentice auctioneer, or special	91731
auctioneer without a license issued by the department of	91732
agriculture.	91733

(2) Division (C)(1) of this section does not apply to an	91734
individual who is the subject of an advertisement regarding an	91735
auction conducted under division (B)(5)(b) of this section.	91736

Sec. 4707.073. (A) No corporation, limited liability company,	91737
general or limited partnership, or unincorporated association	91738
shall act or hold itself out as an auctioneer without a valid	91739
auctioneer's license issued under this section. This section does	91740
not apply to a person who is issued a license under section	91741
4707.071 of the Revised Code.	91742

(B) The department of agriculture may grant an auctioneer's	91743
license to a corporation, limited liability company, general or	91744
limited partnership, or unincorporated association that is	91745
determined to be qualified by the department. Every applicant for	91746
a license under this section shall furnish to the department, on	91747
forms provided by the department, satisfactory proof that the	91748
applicant:	91749

(1) Is in good standing with the secretary of state if the	91750
applicant is a corporation;	91751

(2) Is of trustworthy character;

91752

(3) Has provided proof of financial responsibility as	91753
required in section 4707.11 of the Revised Code;	91754

(4) Is registered with the secretary of state or a local	91755
authority, as applicable, to do business in this state;	91756

(5) Has complied with any other requirement that the director	91757
establishes in rules adopted under section 4707.19 of the Revised	91758
Code.	91759

(C) An application submitted under this section shall list	91760
the names of all of the owners, directors, partners, or members of	91761
the applicant, as applicable, and shall indicate those that have	91762
an auctioneer's license issued under section 4707.07 of the	91763
Revised Code.	91764

(D)~~(1)~~ The department shall not issue a license under this	91765
section unless one of the following applies, as applicable:	91766

~~(a)~~(1) If the applicant is a limited liability company or a	91767
general or limited partnership, not less than fifty per cent of	91768
the members or general partners have a current license issued	91769
under section 4707.07 of the Revised Code.	91770

~~(b)~~(2) If the applicant is a corporation, not less than fifty	91771
per cent of the directors and the president or chief executive	91772
have a current license issued under section 4707.07 of the Revised	91773
Code.	91774

~~(c)~~(3) If the applicant is an unincorporated association, not	91775
less than fifty per cent of the members have a current license	91776
issued under section 4707.07 of the Revised Code.	91777

Failure of a corporation, limited liability company,	91778
partnership, or unincorporated association to maintain the	91779
applicable requirements of this division after the issuance of a	91780
license under this section may be sufficient cause for the	91781
revocation of the license under section 4707.15 of the Revised	91782
Code.	91783

~~(2) Not later than two years after the effective date of this~~	91784
~~section, a corporation, partnership, or unincorporated association~~	91785
~~that was issued a license under section 4707.07 of the Revised~~	91786
~~Code on or before the effective date of this section shall comply~~	91787
~~with the requirements established in division (D)(1) of this~~	91788
~~section. If such a corporation, partnership, or unincorporated~~	91789
~~association fails to comply with those requirements, the license~~	91790
~~of the corporation, partnership, or unincorporated association~~	91791
~~immediately shall terminate.~~	91792

(E) Upon the issuance of a license under this section, a	91793
corporation, limited liability company, partnership, or	91794
unincorporated association shall designate an individual from	91795
among its directors, partners, or members who is licensed under	91796
section 4707.07 of the Revised Code as its agent for purposes of	91797
communication with the department. If that individual ceases to be	91798
the agent, the corporation, limited liability company,	91799
partnership, or unincorporated association shall notify the	91800
department not later than ten days after the day on which the	91801
individual ceases to be the agent. Upon notification to the	91802
department, the license of the corporation, limited liability	91803
company, partnership, or unincorporated association, as	91804
applicable, immediately shall terminate. If the corporation,	91805
limited liability company, partnership, or unincorporated	91806
association notifies the department of the designation of a new	91807
agent in accordance with the requirements of this division and	91808
pays a fee in the amount of ten dollars, the department shall	91809
issue the corporation, limited liability company, partnership, or	91810
unincorporated association a new license.	91811

(F) This section does not preclude a corporation, limited	91812
liability company, partnership, or unincorporated association from	91813
selling real property at auction, provided that the requirements	91814
of this section and section 4707.021 and Chapter 4735. of the	91815
Revised Code are satisfied.	91816

(G) A person licensed as a real estate broker under Chapter	91817
4735. of the Revised Code shall not be required to obtain a	91818
license under this section if the person complies with sections	91819
4707.021 and 4707.22 of the Revised Code.	91820

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	91821
or auction firm license issued by the department of agriculture is	91822
one hundred dollars, and the annual renewal fee for any such	91823
license is one hundred dollars. All licenses expire annually on	91824
the last day of June of each year and shall be renewed according	91825
to the standard renewal procedures of Chapter 4745. of the Revised	91826
Code, or the procedures of this section. Any licensee under this	91827
chapter who wishes to renew the licensee's license, but fails to	91828
do so before the first day of July shall reapply for licensure in	91829
the same manner and pursuant to the same requirements as for	91830
initial licensure, unless before the first day of September of the	91831
year of expiration, the former licensee pays to the department, in	91832
addition to the regular renewal fee, a late renewal penalty of one	91833
hundred dollars.	91834

(B)(1) Each person to whom the department issues an	91835
auctioneer's license or special auctioneer's license shall pay a	91836
licensure fee. Those licenses are biennial and expire in	91837
accordance with the schedule established in division (B)(2) of	91838
this section. If such a license is issued during the first year of	91839
a biennium, the licensee shall pay a fee in the amount of two	91840
hundred dollars. If the license is issued during the second year	91841
of a biennium, the licensee shall pay a fee in the amount of one	91842
hundred dollars. With respect to an auctioneer's license, the fees	91843
apply regardless of whether the license is issued to an individual	91844
under section 4707.07 of the Revised Code or to a corporation,	91845
limited liability company, partnership, or association under	91846
section 4707.073 of the Revised Code.	91847

All auctioneer's licenses and special auctioneer's licenses	91848
expire on the last day of June of the biennium. The licenses shall	91849
be renewed in accordance with the standard renewal procedures of	91850
Chapter 4745. of the Revised Code or the procedures in this	91851
section and upon the licensee's payment to the department of a	91852
renewal fee of two hundred dollars. A licensee who wishes to renew	91853
the licensee's license, but who fails to do so before the first	91854
day of July following the license's expiration, shall reapply for	91855
licensure in the same manner and pursuant to the same requirements	91856
as for the initial licensure unless before the first day of	91857
September following the expiration, the former licensee pays to	91858
the department, in addition to the regular renewal fee, a late	91859
renewal penalty of one hundred dollars.	91860

(2) The biennial expiration of an auctioneer's license or	91861
special auctioneer's license shall occur in accordance with the	91862
following schedule:	91863

(a) The license shall expire in odd-numbered years if the	91864
business name or last name, as applicable, of the licensee begins	91865
with the letters "A" through "J" or with the letters "X" through	91866
"Z."	91867

(b) The license shall expire in even-numbered years if the	91868
business name or last name, as applicable, of the licensee begins	91869
with the letters "K" through "W."	91870

(C) Any person who fails to renew the person's license before	91871
the first day of July is prohibited from engaging in any activity	91872
specified or comprehended in section 4707.01 of the Revised Code	91873
until such time as the person's license is renewed or a new	91874
license is issued. Renewal of a license between the first day of	91875
July and the first day of September does not relieve any person	91876
from complying with this division. The department may refuse to	91877
renew the license of or issue a new license to any person who	91878
violates this division.	91879

(D) The department shall prepare and deliver to each licensee	91880
a permanent license certificate and an identification card, the	91881
appropriate portion of which shall be carried on the person of the	91882
licensee at all times when engaged in any type of auction	91883
activity, and part of which shall be posted with the permanent	91884
certificate in a conspicuous location at the licensee's place of	91885
business.	91886

(E) Notice in writing shall be given to the department by	91887
each auctioneer or apprentice auctioneer licensee of any change of	91888
principal business location or any change or addition to the name	91889
or names under which business is conducted, whereupon the	91890
department shall issue a new license for the unexpired period. Any	91891
change of business location or change or addition of names without	91892
notification to the department shall automatically cancel any	91893
license previously issued. For each new ~~auctioneer~~auctioneer's or	91894
apprentice ~~auctioneer~~auctioneer's license issued upon the	91895
occasion of a change in business location or a change in or an	91896
addition of names under which business is conducted, the	91897
department may collect a fee of ten dollars for each change in	91898
location, or name or each added name unless the notification of	91899
the change occurs concurrently with the renewal application or	91900
unless otherwise provided in section 4707.07 of the Revised Code.	91901

Sec. 4709.11. Every license issued pursuant to this chapter	91902
expires on the thirty-first day of August of each even-numbered	91903
year. Each licensee desiring to do so shall, on or before the	91904
first day of September of each even-numbered year, renew ~~his~~the	91905
licensee's license pursuant to the standard renewal procedure of	91906
Chapter 4745. of the Revised Code. Any holder of an expired	91907
license shall restore ~~his~~the holder's license before continuing	91908
the practice of barbering or the activity for which hethe holder	91909
is licensed under this chapter and pay the appropriate restoration	91910
fee. If the person fails to restore ~~his~~the person's license	91911
within ~~three~~six years, hethe person shall pay any required	91912
restoration fee and take any examination required for the license	91913
under this chapter.	91914

Sec. 4713.08. (A) The state board of cosmetology shall adopt	91915
rules in accordance with Chapter 119. of the Revised Code as	91916
necessary to implement this chapter. The rules shall do all of the	91917
following:	91918

(1) Govern the practice of the branches of cosmetology and	91919
management of salons;	91920

(2) Specify conditions a person must satisfy to qualify for a	91921
temporary pre-examination work permit under section 4713.22 of the	91922
Revised Code and the conditions and method of renewing a temporary	91923
pre-examination work permit under that section;	91924

(3) Provide for the conduct of examinations under section	91925
4713.24 of the Revised Code;	91926

(4) Specify conditions under which the board will take into	91927
account, under section 4713.32 of the Revised Code, instruction an	91928
applicant for a license under section 4713.28, 4713.30, or 4713.31	91929
of the Revised Code received more than five years before the date	91930
of application for the license;	91931

(5) Provide for the granting of waivers under section 4713.29	91932
of the Revised Code;	91933

(6) Specify conditions an applicant must satisfy for the	91934
board to issue the applicant a license under section 4713.34 of	91935
the Revised Code without the applicant taking an examination	91936
conducted under section 4713.24 of the Revised Code;	91937

(7) Specify locations in which glamour photography services	91938
in which a branch of cosmetology is practiced may be provided;	91939

(8) Establish conditions and the fee for a temporary special	91940
occasion work permit under section 4713.37 of the Revised Code and	91941
specify the amount of time such a permit is valid;	91942

(9) Specify conditions an applicant must satisfy for the	91943
board to issue the applicant an independent contractor license	91944
under section 4713.39 of the Revised Code and the fee for issuance	91945
and renewal of the license;	91946

(10) Establish conditions under which food may be sold at a	91947
salon;	91948

(11) Specify which professions regulated by a professional	91949
regulatory board of this state may be practiced in a salon under	91950
section 4713.42 of the Revised Code;	91951

(12) Establish standards for the provision of cosmetic	91952
therapy, massage therapy, or other professional service in a salon	91953
pursuant to section 4713.42 of the Revised Code;	91954

(13) Establish standards for board approval of, and the	91955
granting of credits for, training in branches of cosmetology at	91956
schools of cosmetology licensed in this state;	91957

(14) Establish the manner in which a school of cosmetology	91958
licensed under section 4713.44 of the Revised Code may offer	91959
post-secondary and advanced practice programs;	91960

(15) Establish sanitary standards for the practice of the	91961
branches of cosmetology, salons, and schools of cosmetology;	91962

~~(15)~~(16) Establish the application process for obtaining a	91963
tanning facility permit under section 4713.48 of the Revised Code,	91964
including the amount of the fee for an initial or renewed permit;	91965

~~(16)~~(17) Establish standards for installing and operating a	91966
tanning facility in a manner that ensures the health and safety of	91967
consumers, including standards that do all of the following:	91968

(a) Establish a maximum safe time of exposure to radiation	91969
and a maximum safe temperature at which sun lamps may be operated;	91970

(b) Require consumers to wear protective eyeglasses and be	91971
supervised as to the length of time consumers use the facility;	91972

(c) Require the operator to prohibit consumers from standing	91973
too close to sun lamps and to post signs warning consumers of the	91974
potential effects of radiation on persons taking certain	91975
medications and of the possible relationship of the radiation to	91976
skin cancer;	91977

(d) Require the installation of protective shielding for sun	91978
lamps and handrails for consumers;	91979

(e) Require floors to be dry during operation of lamps;

91980

(f) Require a consumer who is under the age of eighteen to	91981
obtain written consent from the consumer's parent or legal	91982
guardian prior to receiving tanning services.	91983

~~(17)~~(18)(a) If the board, under section 4713.61 of the	91984
Revised Code, develops a procedure for classifying licenses	91985
inactive, do both of the following:	91986

(i) Establish a fee for having a license classified inactive	91987
that reflects the cost to the board of providing the inactive	91988
license service;	91989

(ii) Specify the continuing education that a person whose	91990
license has been classified inactive must complete to have the	91991
license restored. The continuing education shall be sufficient to	91992
ensure the minimum competency in the use or administration of a	91993
new procedure or product required by a licensee necessary to	91994
protect public health and safety. The requirement shall not exceed	91995
the cumulative number of hours of continuing education that the	91996
person would have been required to complete had the person	91997
retained an active license.	91998

(b) In addition, the board may specify the conditions and	91999
method for granting a temporary work permit to practice a branch	92000
of cosmetology to a person whose license has been classified	92001
inactive.	92002

~~(18)~~(19) Establish a fee for approval of a continuing	92003
education program under section 4713.62 of the Revised Code that	92004
is adequate to cover any expense the board incurs in the approval	92005
process;	92006

~~(19)~~(20) Anything else necessary to implement this chapter.

92007

(B)(1) The rules adopted under division (A)(2) of this	92008
section may establish additional conditions for a temporary	92009
pre-examination work permit under section 4713.22 of the Revised	92010
Code that are applicable to persons who practice a branch of	92011
cosmetology in another state or country.	92012

(2) The rules adopted under division (A)~~(17)~~(18)(b) of this	92013
section may establish additional conditions for a temporary work	92014
permit that are applicable to persons who practice a branch of	92015
cosmetology in another state.	92016

(C) The conditions specified in rules adopted under division	92017
(A)(6) of this section may include that an applicant is applying	92018
for a license to practice a branch of cosmetology for which the	92019
board determines an examination is unnecessary.	92020

(D) The rules adopted under division (A)(11) of this section	92021
shall not include a profession if practice of the profession in a	92022
salon is a violation of a statute or rule governing the	92023
profession.	92024

(E) The sanitary standards established under division	92025
(A)~~(14)~~(15) of this section shall focus in particular on	92026
precautions to be employed to prevent infectious or contagious	92027
diseases being created or spread. The board shall consult with the	92028
Ohio department of health when establishing the sanitary	92029
standards.	92030

(F) The fee established by rules adopted under division	92031
(A)~~(15)~~(16) of this section shall cover the cost the board incurs	92032
in inspecting tanning facilities and enforcing the board's rules	92033
but may not exceed one hundred dollars per location of such	92034
facilities.	92035

Sec. 4713.44. (A) The state board of cosmetology shall issue	92036
a license to operate a school of cosmetology to an applicant who	92037
pays the applicable fee and satisfies all of the following	92038
requirements:	92039

~~(A)~~(1) Maintains a course of practical training and technical	92040
instruction for the branch or branches of cosmetology to be taught	92041
at the school equal to the requirements for admission to an	92042
examination under section 4713.24 of the Revised Code that a	92043
person must pass to obtain a license to practice that branch or	92044
those branches of cosmetology;	92045

~~(B)~~(2) Possesses or makes available apparatus and equipment	92046
sufficient for the ready and full teaching of all subjects of the	92047
curriculum;	92048

~~(C)~~(3) Maintains persons licensed under section 4713.31 or	92049
4713.34 of the Revised Code to teach the theory and practice of	92050
the branches of cosmetology;	92051

~~(D)~~(4) Notifies the board of the enrollment of each new	92052
student, keeps a record devoted to the different practices,	92053
establishes grades, and holds examinations in order to certify the	92054
students' completion of the prescribed course of study before the	92055
issuance of certificates of completion;	92056

~~(E)~~(5) In the case of a school of cosmetology that offers	92057
clock hours for the purpose of satisfying minimum hours of	92058
training and instruction, keeps a daily record of the attendance	92059
of each student;	92060

~~(F)~~(6) On the date that an apprentice cosmetology instructor	92061
begins cosmetology instructor training at the school, certifies	92062
the name of the apprentice cosmetology instructor to the board	92063
along with the date on which the apprentice's instructor training	92064
began;	92065

~~(G)~~(7) Instructs not more than six apprentice cosmetology	92066
instructors at any one time;	92067

~~(H)~~(8) Files with the board a good and sufficient surety bond	92068
executed by the person, firm, or corporation operating the school	92069
of cosmetology as principal and by a surety company as surety in	92070
the amount of ten thousand dollars; provided, that this	92071
requirement does not apply to a vocational program conducted by a	92072
city, exempted village, local, or joint vocational school	92073
district. The bond shall be in the form prescribed by the board	92074
and be conditioned upon the school's continued instruction in the	92075
theory and practice of the branches of cosmetology. Every bond	92076
shall continue in effect until notice of its termination is given	92077
to the board by registered mail and every bond shall so provide.	92078

(9) Establishes and maintains an internal procedure for	92079
processing complaints filed against the school and for providing	92080
students with instructions on how to file a complaint directly	92081
with the board pursuant to section 4713.641 of the Revised Code.	92082

(B) A school of cosmetology holding a license issued under	92083
division (A) of this section is an educational institution and is	92084
authorized to offer educational programs beyond secondary	92085
education, advanced practice programs, or both in accordance with	92086
rules adopted by the board pursuant to section 4713.08 of the	92087
Revised Code.	92088

(C) A school of cosmetology holding a license to operate a	92089
school of cosmetology on the effective date of this amendment	92090
shall establish and maintain an internal procedure for processing	92091
complaints filed against the school and shall provide each of the	92092
school's students with instructions on how to file a complaint	92093
directly with the board pursuant to section 4713.641 of the	92094
Revised Code.	92095

Sec. 4713.641. Any student or former student of a school of	92096
cosmetology licensed under division (A) of section 4713.44 of the	92097
Revised Code may file a complaint with the state board of	92098
cosmetology alleging that the school has violated division (A) of	92099
section 4713.64 of the Revised Code. The complaint shall be in	92100
writing and signed by the person bringing the complaint. Upon	92101
receiving a complaint, the board shall initiate a preliminary	92102
investigation to determine whether it is probable that a violation	92103
was committed. If the board determines after preliminary	92104
investigation that it is not probable that a violation was	92105
committed, the board shall notify the person who filed the	92106
complaint of the board's findings and that the board will not	92107
issue a formal complaint in the matter. If the board determines	92108
after a preliminary investigation that it is probable that a	92109
violation was committed, the board shall proceed against the	92110
school pursuant to the board's authority under section 4713.64 of	92111
the Revised Code and in accordance with the hearing and notice	92112
requirements prescribed in Chapter 119. of the Revised Code.	92113

Sec. 4715.22. (A)(1) This section applies only when a	92114
licensed dental hygienist is not practicing under a permit issued	92115
pursuant to section 4715.363 of the Revised Code authorizing	92116
practice under the oral health access supervision of a dentist.	92117

(2) As used in this section, "health care facility" means	92118
either of the following:	92119

(a) A hospital registered under section 3701.07 of the	92120
Revised Code;	92121

(b) A "home" as defined in section 3721.01 of the Revised	92122
Code.	92123

(B) A licensed dental hygienist shall practice under the	92124
supervision, order, control, and full responsibility of a dentist	92125
licensed under this chapter. A dental hygienist may practice in a	92126
dental office, public or private school, health care facility,	92127
dispensary, or public institution. Except as provided in division	92128
(C) or (D) of this section, a dental hygienist may not provide	92129
dental hygiene services to a patient when the supervising dentist	92130
is not physically present at the location where the dental	92131
hygienist is practicing.	92132

(C) A dental hygienist may provide, for not more than fifteen	92133
consecutive business days, dental hygiene services to a patient	92134
when the supervising dentist is not physically present at the	92135
location at which the services are provided if all of the	92136
following requirements are met:	92137

(1) The dental hygienist has at least two years and a minimum	92138
of three thousand hours of experience in the practice of dental	92139
hygiene.	92140

(2) The dental hygienist has successfully completed a course	92141
approved by the state dental board in the identification and	92142
prevention of potential medical emergencies.	92143

(3) The dental hygienist complies with written protocols for	92144
emergencies the supervising dentist establishes.	92145

(4) The dental hygienist does not perform, while the	92146
supervising dentist is absent from the location, procedures while	92147
the patient is anesthetized, definitive root planing, definitive	92148
subgingival curettage, or other procedures identified in rules the	92149
state dental board adopts.	92150

(5) The supervising dentist has evaluated the dental	92151
hygienist's skills.	92152

(6) The supervising dentist examined the patient not more	92153
than seven months prior to the date the dental hygienist provides	92154
the dental hygiene services to the patient.	92155

(7) The dental hygienist complies with written protocols or	92156
written standing orders that the supervising dentist establishes.	92157

(8) The supervising dentist completed and evaluated a medical	92158
and dental history of the patient not more than one year prior to	92159
the date the dental hygienist provides dental hygiene services to	92160
the patient and, except when the dental hygiene services are	92161
provided in a health care facility, the supervising dentist	92162
determines that the patient is in a medically stable condition.	92163

(9) If the dental hygiene services are provided in a health	92164
care facility, a doctor of medicine and surgery or osteopathic	92165
medicine and surgery who holds a current certificate issued under	92166
Chapter 4731. of the Revised Code or a registered nurse licensed	92167
under Chapter 4723. of the Revised Code is present in the health	92168
care facility when the services are provided.	92169

(10) In advance of the appointment for dental hygiene	92170
services, the patient is notified that the supervising dentist	92171
will be absent from the location and that the dental hygienist	92172
cannot diagnose the patient's dental health care status.	92173

(11) The dental hygienist is employed by, or under contract	92174
with, one of the following:	92175

(a) The supervising dentist;

92176

(b) A dentist licensed under this chapter who is one of the	92177
following:	92178

(i) The employer of the supervising dentist;

92179

(ii) A shareholder in a professional association formed under	92180
Chapter 1785. of the Revised Code of which the supervising dentist	92181
is a shareholder;	92182

(iii) A member or manager of a limited liability company	92183
formed under Chapter 1705. of the Revised Code of which the	92184
supervising dentist is a member or manager;	92185

(iv) A shareholder in a corporation formed under division (B)	92186
of section 1701.03 of the Revised Code of which the supervising	92187
dentist is a shareholder;	92188

(v) A partner or employee of a partnership or a limited	92189
liability partnership formed under Chapter 1775. or 1776. of the	92190
Revised Code of which the supervising dentist is a partner or	92191
employee.	92192

(c) A government entity that employs the dental hygienist to	92193
provide dental hygiene services in a public school or in	92194
connection with other programs the government entity administers.	92195

(D) A dental hygienist may provide dental hygiene services to	92196
a patient when the supervising dentist is not physically present	92197
at the location at which the services are provided if the services	92198
are provided as part of a dental hygiene program that is approved	92199
by the state dental board and all of the following requirements	92200
are met:	92201

(1) The program is operated through a school district board	92202
of education or the governing board of an educational service	92203
center; the board of health of a city or general health district	92204
or the authority having the duties of a board of health under	92205
section 3709.05 of the Revised Code; a national, state, district,	92206
or local dental association; or any other public or private entity	92207
recognized by the state dental board.	92208

(2) The supervising dentist is employed by or a volunteer	92209
for, and the patients are referred by, the entity through which	92210
the program is operated.	92211

(3) ~~The~~(a) Except as provided in division (D)(3)(b) of this	92212
section, the services are performed after examination and	92213
diagnosis by the dentist and in accordance with the dentist's	92214
written treatment plan.	92215

(b) The requirement in division (D)(3)(a) of this section	92216
does not apply when the only service to be provided by the dental	92217
hygienist is the placement of pit and fissure sealants, the	92218
administration of fluoride mouth rinse through a school-based	92219
fluoride mouth rinse program authorized by section 3701.136 of the	92220
Revised Code, or both.	92221

(E) No person shall do either of the following:

92222

(1) Practice dental hygiene in a manner that is separate or	92223
otherwise independent from the dental practice of a supervising	92224
dentist;	92225

(2) Establish or maintain an office or practice that is	92226
primarily devoted to the provision of dental hygiene services.	92227

(F) The state dental board shall adopt rules under division	92228
(C) of section 4715.03 of the Revised Code identifying procedures	92229
a dental hygienist may not perform when practicing in the absence	92230
of the supervising dentist pursuant to division (C) or (D) of this	92231
section.	92232

Sec. 4715.36. As used in this section and sections 4715.361	92233
to 4715.374 of the Revised Code:	92234

(A) "Accredited dental hygiene school" means a dental hygiene	92235
school accredited by the American dental association commission on	92236
dental accreditation or a dental hygiene school whose educational	92237
standards are recognized by the American dental association	92238
commission on dental accreditation and approved by the state	92239
dental board.	92240

(B) "Authorizing dentist" means a dentist who authorizes a	92241
dental hygienist to perform dental hygiene services under section	92242
4715.365 of the Revised Code.	92243

(C) "Clinical evaluation" means a diagnosis and treatment	92244
plan formulated for an individual patient by a dentist.	92245

(D) "Dentist" means an individual licensed under this chapter	92246
to practice dentistry.	92247

(E) "Dental hygienist" means an individual licensed under	92248
this chapter to practice as a dental hygienist.	92249

(F) "Dental hygiene services" means the prophylactic,	92250
preventive, and other procedures that dentists are authorized by	92251
this chapter and rules of the state dental board to assign to	92252
dental hygienists, except for procedures while a patient is	92253
anesthetized, definitive root planing, definitive subgingival	92254
curettage, the administration of local anesthesia, and the	92255
procedures specified in rules adopted by the board as described in	92256
division (C)(4) of section 4715.22 of the Revised Code.	92257

(G) "Facility" means any of the following:

92258

(1) A health care facility, as defined in section 4715.22 of	92259
the Revised Code;	92260

(2) A state correctional institution, as defined in section	92261
2967.01 of the Revised Code;	92262

(3) A comprehensive child development program that receives	92263
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	92264
42 U.S.C. 9831, as amended, and is licensed as a child day-care	92265
center;	92266

(4) A residential facility licensed under section 5123.19 of	92267
the Revised Code;	92268

(5) A public school, as defined in section 3701.93 of the	92269
Revised Code, located in an area designated as a dental health	92270
resource shortage area pursuant to section 3702.87 of the Revised	92271
Code;	92272

(6) A nonpublic school, as defined in section 3701.93 of the	92273
Revised Code, located in an area designated as a dental health	92274
resource shortage area pursuant to section 3702.87 of the Revised	92275
Code;	92276

(7) A federally qualified health center or federally	92277
qualified health center look-alike, as defined in section 3701.047	92278
of the Revised Code;	92279

(8) A shelter for victims of domestic violence, as defined in	92280
section 3113.33 of the Revised Code;	92281

(9) A facility operated by the department of youth services	92282
under Chapter 5139. of the Revised Code;	92283

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	92284
~~the Revised Code;~~	92285

~~(11)~~ A foster home, as defined in section 5103.02 of the	92286
Revised Code;	92287

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	92288
the Revised Code;	92289

~~(13)~~(12) The residence of one or more individuals receiving	92290
services provided by a home health agency, as defined in section	92291
5101.61 of the Revised Code;	92292

~~(14)~~(13) A dispensary;

92293

~~(15)~~(14) A health care facility, such as a clinic or	92294
hospital, of the United States department of veterans affairs;	92295

~~(16)~~(15) The residence of one or more individuals enrolled in	92296
a home and community-based services medicaid waiver component, as	92297
defined in section ~~5111.851~~5166.01 of the Revised Code;	92298

~~(17)~~(16) A facility operated by the board of health of a city	92299
or general health district or the authority having the duties of a	92300
board of health under section 3709.05 of the Revised Code;	92301

~~(18)~~(17) A women, infants, and children clinic;

92302

~~(19)~~(18) A mobile dental unit located at any location listed	92303
in divisions (G)(1) to ~~(18)~~(17) of this section;	92304

~~(20)~~(19) Any other location, as specified by the state dental	92305
board in rules adopted under section 4715.372 of the Revised Code,	92306
that is in an area designated as a dental health resource shortage	92307
area pursuant to section 3702.87 of the Revised Code and provides	92308
health care services to individuals who are medicaid recipients of	92309
~~medical assistance under the medicaid program established pursuant~~	92310
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	92311
persons, as defined in section 2305.234 of the Revised Code.	92312

Sec. 4715.372. (A) The state dental board shall adopt rules	92313
in accordance with Chapter 119. of the Revised Code as necessary	92314
to implement the oral health access supervision program, including	92315
rules that do all of the following:	92316

(1) For the purpose of division (G)~~(20)~~(19) of section	92317
4715.36 of the Revised Code, designate additional facilities at	92318
which a dental hygienist may be authorized to perform dental	92319
hygiene services under the oral health access supervision program;	92320

(2) For the purpose of section 4715.362 of the Revised Code,	92321
prescribe the application form and requirements for obtaining an	92322
oral health access supervision permit;	92323

(3) For the purpose of section 4715.363 of the Revised Code,	92324
prescribe the application form for a permit to practice as a	92325
dental hygienist under the oral health access supervision of a	92326
dentist;	92327

(4) For the purpose of division (B)(3) of section 4715.363 of	92328
the Revised Code and subject to division (B) of this section,	92329
establish standards for the course in the practice of dental	92330
hygiene under oral health access supervision;	92331

(5) For the purpose of section 4715.369 of the Revised Code,	92332
prescribe the form for renewal of an oral health access	92333
supervision permit;	92334

(6) For the purpose of section 4715.37 of the Revised Code,	92335
prescribe the form for renewal of a permit to practice as a dental	92336
hygienist under the oral health access supervision of a dentist.	92337

(B) The course in the practice of dental hygiene under oral	92338
health access supervision for which the board establishes	92339
standards under division (A)(4) of this section shall meet all of	92340
the following requirements:	92341

(1) Be eight hours in length;

92342

(2) Include, at a minimum, instruction in both of the	92343
following:	92344

(a) The treatment of geriatric patients, medically	92345
compromised patients, developmentally disabled patients, and	92346
pediatric patients;	92347

(b) Recordkeeping practices.

92348

(3) Be developed and offered by an institution accredited by	92349
the American dental association commission on dental accreditation	92350
or a program provided by a sponsor of continuing education	92351
approved by the board;	92352

(4) Include content that is separate and independent from the	92353
course content required for the completion of dental hygiene	92354
education from an accredited dental hygiene school.	92355

Sec. 4715.39. (A) The state dental board may define the	92356
duties that may be performed by dental assistants and other	92357
individuals designated by the board as qualified personnel. If	92358
defined, the duties shall be defined in rules adopted in	92359
accordance with Chapter 119. of the Revised Code. The rules may	92360
include training and practice standards for dental assistants and	92361
other qualified personnel. The standards may include examination	92362
and issuance of a certificate. If the board issues a certificate,	92363
the recipient shall display the certificate in a conspicuous	92364
location in any office in which the recipient is employed to	92365
perform the duties authorized by the certificate.	92366

(B) A dental assistant may polish the clinical crowns of	92367
teeth if all of the following requirements are met:	92368

(1) The dental assistant's polishing activities are limited	92369
to the use of a rubber cup attached to a slow-speed rotary dental	92370
hand piece to remove soft deposits that build up over time on the	92371
crowns of teeth.	92372

(2) The polishing is performed only after a dentist has	92373
evaluated the patient and any calculus detected on the teeth to be	92374
polished has been removed by a dentist or dental hygienist.	92375

(3) The dentist supervising the assistant supervises not more	92376
than two dental assistants engaging in polishing activities at any	92377
given time.	92378

(4) The dental assistant is certified by the dental assisting	92379
national board or the Ohio commission on dental assistant	92380
certification.	92381

(5) The dental assistant receives a certificate from the	92382
board authorizing the assistant to engage in the polishing	92383
activities. The board shall issue the certificate if the	92384
individual has successfully completed training in the polishing of	92385
clinical crowns through a program accredited by the American	92386
dental association commission on dental accreditation or	92387
equivalent training approved by the board. The training shall	92388
include courses in basic dental anatomy and infection control,	92389
followed by a course in coronal polishing that includes didactic,	92390
preclinical, and clinical training; any other training required by	92391
the board; and a skills assessment that includes successful	92392
completion of standardized testing. The board shall adopt rules	92393
pursuant to division (A) of this section establishing standards	92394
for approval of this training.	92395

(C) A dental assistant may apply pit and fissure sealants if	92396
all of the following requirements are met:	92397

(1) A(a) Except as provided in division (C)(1)(b) of this	92398
section, a dentist evaluates the patient and designates the teeth	92399
and surfaces that will benefit from the application of sealant on	92400
the day the application is to be performed;	92401

(b) The requirement in division (C)(1)(a) of this section	92402
does not apply if the director of health makes a determination	92403
authorized by division (A)(1) of section 3701.138 of the Revised	92404
Code.	92405

(2) The dental assistant is certified by the dental assisting	92406
national board or the Ohio commission on dental assistant	92407
certification.	92408

(3) The dental assistant has successfully completed a course	92409
in the application of sealants consisting of at least two hours of	92410
didactic instruction and six hours of clinical instruction through	92411
a program provided by an institution accredited by the American	92412
dental association commission on dental accreditation or a program	92413
provided by a sponsor of continuing education approved by the	92414
board.	92415

(4) The dentist supervising the assistant has observed the	92416
assistant successfully apply at least six sealants.	92417

(5) The dentist supervising the assistant checks and approves	92418
the application of all sealants placed by the assistant before the	92419
patient leaves the location where the sealant application	92420
procedure is performed.	92421

(D) If the director of health establishes a school-based	92422
fluoride mouth rinse program under section 3701.136 of the Revised	92423
Code and makes a determination authorized by division (A)(2) of	92424
section 3701.138 of the Revised Code, a dental assistant who is	92425
certified by the dental assisting national board or the Ohio	92426
commission on dental assistant certification may administer	92427
fluoride mouth rinse to a student under the program when a dentist	92428
is not present and without a dentist first examining the student.	92429

(E) Subject to this section and the applicable rules of the	92430
board, licensed dentists may assign to dental assistants and other	92431
qualified personnel dental procedures that do not require the	92432
professional competence or skill of the licensed dentist, a dental	92433
hygienist, or an expanded function dental auxiliary as this	92434
section or the board by rule authorizes dental assistants and	92435
other qualified personnel to perform. The performance of dental	92436
procedures by dental assistants and other qualified personnel	92437
shall be under direct supervision and full responsibility of the	92438
licensed dentist.	92439

~~(E)~~(F) Nothing in this section shall be construed by rule of	92440
the state dental board or otherwise to do the following:	92441

(1) Authorize dental assistants or other qualified personnel	92442
to engage in the practice of dental hygiene as defined by sections	92443
4715.22 and 4715.23 of the Revised Code or to perform the duties	92444
of a dental hygienist, including the removal of calcarious	92445
deposits, dental cement, or accretions on the crowns and roots of	92446
teeth other than as authorized pursuant to this section;	92447

(2) Authorize dental assistants or other qualified personnel	92448
to engage in the practice of an expanded function dental auxiliary	92449
as specified in section 4715.64 of the Revised Code or to perform	92450
the duties of an expanded function dental auxiliary other than as	92451
authorized pursuant to this section.	92452

(3) Authorize the assignment of any of the following:

92453

(a) Diagnosis;

92454

(b) Treatment planning and prescription, including	92455
prescription for drugs and medicaments or authorization for	92456
restorative, prosthodontic, or orthodontic appliances;	92457

(c) Surgical procedures on hard or soft tissue of the oral	92458
cavity, or any other intraoral procedure that contributes to or	92459
results in an irremediable alteration of the oral anatomy;	92460

(d) The making of final impressions from which casts are made	92461
to construct any dental restoration.	92462

~~(F)~~(G) No dentist shall assign any dental assistant or other	92463
individual acting in the capacity of qualified personnel to	92464
perform any dental procedure that the assistant or other	92465
individual is not authorized by this section or by board rule to	92466
perform. No dental assistant or other individual acting in the	92467
capacity of qualified personnel shall perform any dental procedure	92468
other than in accordance with this section and any applicable	92469
board rule or any dental procedure that the assistant or other	92470
individual is not authorized by this section or by board rule to	92471
perform.	92472

Sec. 4715.64. (A) The practice of an expanded function dental	92473
auxiliary shall consist of the following:	92474

(1) The procedures involved in the placement of restorative	92475
materials limited to amalgam restorative materials and	92476
~~non-metallic~~nonmetallic restorative materials, including	92477
direct-bonded restorative materials;	92478

(2) The procedures involved in the placement of sealants;

92479

(3) Any additional procedures authorized by the state dental	92480
board in rules adopted under section 4715.66 of the Revised Code.	92481

(B)(1) An expanded function dental auxiliary shall practice	92482
under the direct supervision, order, control, and full	92483
responsibility of a dentist licensed under this chapter. At no	92484
time shall more than two expanded function dental auxiliaries be	92485
practicing as expanded function dental auxiliaries under the	92486
direct supervision of the same dentist. AnExcept as provided in	92487
division (B)(2) of this section, an expanded function dental	92488
auxiliary shall not practice as an expanded function dental	92489
auxiliary when the supervising dentist is not physically present	92490
at the location where the expanded function dental auxiliary is	92491
practicing.	92492

(2)(a) If the director of health makes a determination	92493
authorized by division (B)(1) of section 3701.138 of the Revised	92494
Code, an expanded function dental auxiliary may perform the	92495
procedures described in division (A)(2) of this section through a	92496
program operated by a school district board of education or the	92497
governing board of an educational service center if the	92498
supervising dentist is not physically present at the location	92499
where the expanded function dental auxiliary is practicing or a	92500
dentist has not first examined the patient.	92501

(b) If the director of health establishes a school-based	92502
fluoride mouth rinse program under section 3701.136 of the Revised	92503
Code and makes a determination authorized by division (B)(2) of	92504
section 3701.138 of the Revised Code, an expanded function dental	92505
auxiliary may administer fluoride mouth rinse to a student under	92506
the program when the supervising dentist is not physically present	92507
at the location where the expanded function dental auxiliary is	92508
practicing or a dentist has not first examined the patient.	92509

(C) Nothing in this section shall be construed by rule of the	92510
board or otherwise to authorize an expanded function dental	92511
auxiliary to engage in the practice of dental hygiene as defined	92512
by sections 4715.22 and 4715.23 of the Revised Code.	92513

Sec. 4717.03. (A) Members of the board of embalmers and	92514
funeral directors shall annually in July, or within thirty days	92515
after the senate's confirmation of the new members appointed in	92516
that year, meet and organize by selecting from among its members a	92517
president, vice-president, and secretary-treasurer. The board may	92518
hold other meetings as it determines necessary. A quorum of the	92519
board consists of four members, of whom at least three shall be	92520
members who are embalmers and funeral directors. The concurrence	92521
of at least four members is necessary for the board to take any	92522
action. The president and secretary-treasurer shall sign all	92523
licenses issued under this chapter and affix the board's seal to	92524
each license.	92525

(B) The board may appoint an individual who is not a member	92526
of the board to serve as executive director of the board. The	92527
board shall fix the compensation of the executive director. The	92528
executive director serves at the pleasure of the board and shall	92529
do all of the following:	92530

(1) Serve as the board's chief administrative officer;

92531

(2) Act as custodian of the board's records;

92532

(3) Execute all of the board's orders;

92533

(4) Employ staff who are not members of the board and who	92534
serve at the pleasure of the executive director to provide any	92535
assistance that the board considers necessary;	92536

(5) Fix the compensation of staff employed pursuant to	92537
division (B)(4) of this section.	92538

(C) In executing the board's orders as required by division	92539
(B)(3) of this section, the executive director may enter the	92540
premises, establishment, office, or place of business of any	92541
embalmer, funeral director, or operator of a crematory facility in	92542
this state. The executive director may serve and execute any	92543
process issued by any court under this chapter.	92544

~~(C) The board may employ clerical or technical staff who are~~	92545
~~not members of the board and who serve at the pleasure of the~~	92546
~~board to provide any clerical or technical assistance the board~~	92547
~~considers necessary.~~(D) The ~~board~~executive director may employ	92548
necessary inspectors, who shall be licensed embalmers and funeral	92549
directors. ~~Any~~An inspector employed by the ~~board~~executive	92550
director may enter the premises, establishment, office, or place	92551
of business of any embalmer, funeral director, or operator of a	92552
crematory facility in this state, for the purposes of inspecting	92553
the facility and premises; the license and registration of	92554
embalmers and funeral directors operating in the facility; and the	92555
license of the funeral home, embalming facility, or crematory~~. The~~	92556
~~inspector shall serve and execute any process issued by any court~~	92557
~~under this chapter, serve and execute any papers or process issued~~	92558
~~by the board or any officer or member of the board,~~facility and	92559
perform any other duties delegated to the inspector by the board	92560
or assigned to the inspector by the executive director. The	92561
executive director may enter the facility or premises of a funeral	92562
home, embalming facility, or crematory for the purpose of an	92563
inspection if accompanied by an inspector or, if an inspector is	92564
not available, when a situation presents a danger of immediate and	92565
serious harm to the public.	92566

~~(D)~~(E) The president of the board shall designate three of	92567
~~its~~the board's members to serve on the crematory review board,	92568
which is hereby created, for such time as the president finds	92569
appropriate to carry out the provisions of this chapter. Those	92570
members of the crematory review board designated by the president	92571
to serve and three members designated by the cemetery dispute	92572
resolution commission shall designate, by a majority vote, one	92573
person who is experienced in the operation of a crematory facility	92574
and who is not affiliated with a cemetery or a funeral home to	92575
serve on the crematory review board for such time as the crematory	92576
review board finds appropriate. Members serving on the crematory	92577
review board shall not receive any additional compensation for	92578
serving on the board, but may be reimbursed for their actual and	92579
necessary expenses incurred in the performance of official duties	92580
as members of the board. Members of the crematory review board	92581
shall designate one from among its members to serve as a	92582
chairperson for such time as the board finds appropriate. Costs	92583
associated with conducting an adjudicatory hearing in accordance	92584
with division ~~(E)~~(F) of this section shall be paid from funds	92585
available to the board of embalmers and funeral directors.	92586

~~(E)~~(F) Upon receiving written notice from the board of	92587
embalmers and funeral directors of any of the following, the	92588
crematory review board shall conduct an adjudicatory hearing on	92589
the matter in accordance with Chapter 119. of the Revised Code,	92590
except as otherwise provided in this section or division (C) of	92591
section 4717.14 of the Revised Code:	92592

(1) Notice provided under division ~~(H)~~(I) of this section of	92593
an alleged violation of any provision of this chapter or any rules	92594
adopted under this chapter governing or in connection with	92595
crematory facilities or cremation;	92596

(2) Notice provided under division (B) of section 4717.14 of	92597
the Revised Code that the board of embalmers and funeral directors	92598
proposes to refuse to grant or renew, or to suspend or revoke, a	92599
license to operate a crematory facility;	92600

(3) Notice provided under division (C) of section 4717.14 of	92601
the Revised Code that the board of embalmers and funeral directors	92602
has issued an order summarily suspending a license to operate a	92603
crematory facility;	92604

(4) Notice provided under division (B) of section 4717.15 of	92605
the Revised Code that the board of embalmers and funeral directors	92606
proposes to issue a notice of violation and order requiring	92607
payment of a forfeiture for any violation described in divisions	92608
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	92609
connection with a crematory facility or cremation.	92610

Nothing in division ~~(E)~~(F) of this section precludes the	92611
crematory review board from appointing an independent examiner in	92612
accordance with section 119.09 of the Revised Code to conduct any	92613
adjudication hearing required under division ~~(E)~~(F) of this	92614
section.	92615

The crematory review board shall submit a written report of	92616
findings and advisory recommendations, and a written transcript of	92617
its proceedings, to the board of embalmers and funeral directors.	92618
The board of embalmers and funeral directors shall serve a copy of	92619
the written report of the crematory review board's findings and	92620
advisory recommendations on the party to the adjudication or the	92621
party's attorney, by certified mail, within five days after	92622
receiving the report and advisory recommendations. A party may	92623
file objections to the written report with the board of embalmers	92624
and funeral directors within ten days after receiving the report.	92625
No written report is final or appealable until it is issued as a	92626
final order by the board of embalmers and funeral directors and	92627
entered on the record of the proceedings. The board of embalmers	92628
and funeral directors shall consider objections filed by the party	92629
prior to issuing a final order. After reviewing the findings and	92630
advisory recommendations of the crematory review board, the	92631
written transcript of the crematory review board's proceedings,	92632
and any objections filed by a party, the board of embalmers and	92633
funeral directors shall issue a final order in the matter. Any	92634
party may appeal the final order issued by the board of embalmers	92635
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	92636
to (4) of this section in accordance with section 119.12 of the	92637
Revised Code, except that the appeal may be made to the court of	92638
common pleas in the county in which is located the crematory	92639
facility to which the final order pertains, or in the county in	92640
which the party resides.	92641

~~(F)~~(G) On its own initiative or on receiving a written	92642
complaint from any person whose identity is made known to the	92643
board of embalmers and funeral directors, the board shall	92644
investigate the acts or practices of any person holding or	92645
claiming to hold a license or registration under this chapter	92646
that, if proven to have occurred, would violate this chapter or	92647
any rules adopted under it. The board may compel witnesses by	92648
subpoena to appear and testify in relation to investigations	92649
conducted under this chapter and may require by subpoena duces	92650
tecum the production of any book, paper, or document pertaining to	92651
an investigation. If a person does not comply with a subpoena or	92652
subpoena duces tecum, the board may apply to the court of common	92653
pleas of any county in this state for an order compelling the	92654
person to comply with the subpoena or subpoena duces tecum, or for	92655
failure to do so, to be held in contempt of court.	92656

~~(G)~~(H) If, as a result of its investigation conducted under	92657
division ~~(F)~~(G) of this section, the board of embalmers and	92658
funeral directors has reasonable cause to believe that the person	92659
investigated is violating any provision of this chapter or any	92660
rules adopted under this chapter governing or in connection with	92661
embalming, funeral directing, funeral homes, embalming facilities,	92662
or the operation of funeral homes or embalming facilities, it may,	92663
after providing the opportunity for an adjudicatory hearing, issue	92664
an order directing the person to cease the acts or practices that	92665
constitute the violation. The board shall conduct the adjudicatory	92666
hearing in accordance with Chapter 119. of the Revised Code except	92667
that, notwithstanding the provisions of that chapter, the	92668
following shall apply:	92669

(1) The board shall send the notice informing the person of	92670
the person's right to a hearing by certified mail.	92671

(2) The person is entitled to a hearing only if the person	92672
requests a hearing and if the board receives the request within	92673
thirty days after the mailing of the notice described in division	92674
~~(G)~~(H)(1) of this section.	92675

(3) A stenographic record shall be taken, in the manner	92676
prescribed in section 119.09 of the Revised Code, at every	92677
adjudicatory hearing held under this section, regardless of	92678
whether the record may be the basis of an appeal to a court.	92679

~~(H)~~(I) If, as a result of its investigation conducted under	92680
division ~~(F)~~(G) of this section, the board of embalmers and	92681
funeral directors has reasonable cause to believe that the person	92682
investigated is violating any provision of this chapter or any	92683
rules adopted under this chapter governing or in connection with	92684
crematory facilities or cremation, the board shall send written	92685
notice of the alleged violation to the crematory review board. If,	92686
after the conclusion of the adjudicatory hearing in the matter	92687
conducted under division ~~(E)~~(F) of this section, the board of	92688
embalmers and funeral directors finds that a person is in	92689
violation of any provision of this chapter or any rules adopted	92690
under this chapter governing or in connection with crematory	92691
facilities or cremation, the board may issue a final order under	92692
that division directing the person to cease the acts or practices	92693
that constitute the violation.	92694

~~(I)~~(J) The board of embalmers and funeral directors may bring	92695
a civil action to enjoin any violation or threatened violation of	92696
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	92697
under any of those sections; division (A) or (B) of section	92698
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	92699
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	92700
division (D)(1) of section 4717.27; divisions (A) to (C) of	92701
section 4717.28, or division (D) or (E) of section 4717.31 of the	92702
Revised Code. The action shall be brought in the county where the	92703
violation occurred or the threatened violation is expected to	92704
occur. At the request of the board, the attorney general shall	92705
represent the board in any matter arising under this chapter.	92706

~~(J)~~(K) The board of embalmers and funeral directors and the	92707
crematory review board may issue subpoenas for funeral directors	92708
and embalmers or persons holding themselves out as such, for	92709
operators of crematory facilities or persons holding themselves	92710
out as such, or for any other person whose testimony, in the	92711
opinion of either board, is necessary. The subpoena shall require	92712
the person to appear before the appropriate board or any	92713
designated member of either board, upon any hearing conducted	92714
under this chapter. The penalty for disobedience to the command of	92715
such a subpoena is the same as for refusal to answer such a	92716
process issued under authority of the court of common pleas.	92717

~~(K)~~(L) All moneys received by the board of embalmers and	92718
funeral directors from any source shall be deposited in the state	92719
treasury to the credit of the occupational licensing and	92720
regulatory fund created in section 4743.05 of the Revised Code.	92721

~~(L)~~(M) The board of embalmers and funeral directors shall	92722
submit a written report to the governor on or before the first	92723
Monday of July of each year. This report shall contain a detailed	92724
statement of the nature and amount of the board's receipts and the	92725
amount and manner of its expenditures.	92726

Sec. 4717.06. (A)(1) Any person who desires to obtain a	92727
license to operate a funeral home, embalming facility, or	92728
crematory facility shall apply to the board of embalmers and	92729
funeral directors on a form provided by the board. The application	92730
shall include the initial license fee set forth in section 4717.07	92731
of the Revised Code and proof satisfactory to the board that the	92732
funeral home, embalming facility, or crematory facility is in	92733
compliance with rules adopted by the board under section 4717.04	92734
of the Revised Code, rules adopted by the board of building	92735
standards under Chapter 3781. of the Revised Code, and all other	92736
federal, state, and local requirements relating to the safety of	92737
the premises.	92738

(2) If the funeral home, embalming facility, or crematory	92739
facility to which the license application pertains is owned by a	92740
corporation or limited liability company, the application shall	92741
include the name and address of the corporation's or limited	92742
liability company's statutory agent appointed under section	92743
1701.07 or 1705.06 of the Revised Code or, in the case of a	92744
foreign corporation, the corporation's designated agent appointed	92745
under section 1703.041 of the Revised Code. If the funeral home,	92746
embalming facility, or crematory facility to which the application	92747
pertains is owned by a partnership, the application shall include	92748
the name and address of each of the partners. If, at any time	92749
after the submission of a license application or issuance of a	92750
license, the statutory or designated agent of a corporation or	92751
limited liability company owning a funeral home, embalming	92752
facility, or crematory facility or the address of the statutory or	92753
designated agent changes or, in the case of a partnership, any of	92754
the partners of the funeral home, embalming facility, or crematory	92755
facility or the address of any of the partners changes, the	92756
applicant for or holder of the license to operate the funeral	92757
home, embalming facility, or crematory facility shall submit	92758
written notice to the board, within thirty days after the change,	92759
informing the board of the change and of any name or address of a	92760
statutory or designated agent or partner that has changed from	92761
that contained in the application for the license or the most	92762
recent notice submitted under division (A)(2) of this section.	92763

(B)(1) The board shall issue a license to operate a funeral	92764
home only for the address at which the funeral home is operated.	92765
The funeral home license and licenses of the embalmers and funeral	92766
directors employed by the funeral home shall be displayed in a	92767
conspicuous place within the funeral home.	92768

(2) The funeral home shall have on the premises one of the	92769
following:	92770

(a) If embalming will take place at the funeral home, an	92771
embalming room that is adequately equipped and maintained. The	92772
embalming room shall be kept in a clean and sanitary manner and	92773
used only for the embalming, preparation, or holding of dead human	92774
bodies. The embalming room shall contain only the articles,	92775
facilities, and instruments necessary for those purposes.	92776

(b) If embalming will not take place at the funeral home, a	92777
holding room that is adequately equipped and maintained. The	92778
holding room shall be kept in a clean and sanitary manner and used	92779
only for the preparation, other than embalming, and holding of	92780
dead human bodies. The holding room shall contain only the	92781
articles and facilities necessary for those purposes.	92782

(3) Except as provided in division (B) of section 4717.11 of	92783
the Revised Code, a funeral home shall be established and operated	92784
only under the name of a holder of a funeral director's license	92785
issued by the board who is actually in charge of and ultimately	92786
responsible for the funeral home, and a funeral home license shall	92787
not include directional or geographical references in the name of	92788
the funeral home. The holder of the funeral home license shall be	92789
a funeral director licensed under this chapter who is actually in	92790
charge of and ultimately responsible for the funeral home. Nothing	92791
in division (B)(3) of this section prohibits the holder of a	92792
funeral home license from including directional or geographical	92793
references in promotional or advertising materials identifying the	92794
location of the funeral home.	92795

(4) Each funeral home shall be directly supervised by a	92796
funeral director licensed under this chapter, who ~~shall~~may	92797
supervise ~~only~~more than one funeral home.	92798

(C)(1) The board shall issue a license to operate an	92799
embalming facility only for the address at which the embalming	92800
facility is operated. The license shall be displayed in a	92801
conspicuous place within the facility.	92802

(2) The embalming facility shall be adequately equipped and	92803
maintained in a sanitary manner. The embalming room at such a	92804
facility shall contain only the articles, facilities, and	92805
instruments necessary for its stated purpose. The embalming room	92806
shall be kept in a clean and sanitary condition and used only for	92807
the care and preparation of dead human bodies.	92808

(3) An embalming facility license shall be issued only to an	92809
embalmer licensed under division (B) of section 4717.05 of the	92810
Revised Code, who is actually in charge of the facility.	92811

(D)(1) The board shall issue a license to operate a crematory	92812
facility only for the address at which the crematory facility is	92813
located and operated. The license shall be displayed in a	92814
conspicuous place within the crematory facility.	92815

(2) The crematory facility shall be adequately equipped and	92816
maintained in a clean and sanitary manner. The crematory facility	92817
may be located in a funeral home, embalming facility, cemetery	92818
building, or other building in which the crematory facility may	92819
lawfully operate. If a crematory facility engages in the cremation	92820
of animals, the crematory facility shall cremate animals in a	92821
cremation chamber that also is not used to cremate dead human	92822
bodies or human body parts and shall not cremate animals in a	92823
cremation chamber used for the cremation of dead human bodies and	92824
human body parts. Cremation chambers that are used for the	92825
cremation of dead human bodies or human body parts and cremation	92826
chambers used for the cremation of animals may be located in the	92827
same area.	92828

(3) A license to operate a crematory facility shall be issued	92829
to the person actually in charge of the crematory facility. This	92830
section does not require the individual who is actually in charge	92831
of the crematory facility to be an embalmer or funeral director	92832
licensed under this chapter.	92833

(4) Nothing in this section or rules adopted under section	92834
4717.04 of the Revised Code precludes the establishment and	92835
operation of a crematory facility on or adjacent to the property	92836
on which a cemetery, funeral home, or embalming facility is	92837
located.	92838

Sec. 4717.07. (A) The board of embalmers and funeral	92839
directors shall charge and collect the following fees:	92840

(1) For the initial issuance or biennial renewal of an	92841
embalmer's or funeral director's license, one hundred ~~forty~~fifty	92842
dollars;	92843

(2) For the issuance of an embalmer or funeral director	92844
registration, twenty-five dollars;	92845

(3) For filing an embalmer or funeral director certificate of	92846
apprenticeship, ten dollars;	92847

(4) For the application to take the examination for a license	92848
to practice as an embalmer or funeral director, or to retake a	92849
section of the examination, thirty-five dollars;	92850

(5) For the initial issuance of a license to operate a	92851
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	92852
of a license to operate a funeral home, ~~two~~three hundred fifty	92853
dollars;	92854

(6) For the reinstatement of a lapsed embalmer's or funeral	92855
director's license, the renewal fee prescribed in division (A)(1)	92856
of this section plus fifty dollars for each month or portion of a	92857
month the license is lapsed ~~until reinstatement~~, but not more than	92858
one thousand dollars;	92859

(7) For the reinstatement of a lapsed license to operate a	92860
funeral home, the renewal fee prescribed in division (A)(5) of	92861
this section plus fifty dollars for each month or portion of a	92862
month the license is lapsed until reinstatement;	92863

(8) For the initial issuance of a license to operate an	92864
embalming facility, ~~two~~three hundred fifty dollars and biennial	92865
renewal of a license to operate an embalming facility, ~~two~~three	92866
hundred fifty dollars;	92867

(9) For the reinstatement of a lapsed license to operate an	92868
embalming facility, the renewal fee prescribed in division (A)(8)	92869
of this section plus fifty dollars for each month or portion of a	92870
month the license is lapsed until reinstatement;	92871

(10) For the initial issuance of a license to operate a	92872
crematory facility, ~~two~~three hundred fifty dollars and biennial	92873
renewal of a license to operate a crematory facility, ~~two~~three	92874
hundred fifty dollars;	92875

(11) For the reinstatement of a lapsed license to operate a	92876
crematory facility, the renewal fee prescribed in division (A)(10)	92877
of this section plus fifty dollars for each month or portion of a	92878
month the license is lapsed until reinstatement;	92879

(12) For the issuance of a duplicate of a license issued	92880
under this chapter, ~~four~~ten dollars.	92881

(B) In addition to the fees set forth in division (A) of this	92882
section, an applicant shall pay the examination fee assessed by	92883
any examining agency the board uses for any section of an	92884
examination required under this chapter.	92885

(C) Subject to the approval of the controlling board, the	92886
board of embalmers and funeral directors may establish fees in	92887
excess of the amounts set forth in this section, provided that	92888
these fees do not exceed the amounts set forth in this section by	92889
more than fifty per cent.	92890

Sec. 4717.10. (A) The board of embalmers and funeral	92891
directors may recognize licenses issued to embalmers and funeral	92892
directors by other states, and upon presentation of such licenses,	92893
may issue to the holder an embalmer's or funeral director's	92894
license under this chapter. The board shall charge the same fee as	92895
prescribed in section 4717.07 of the Revised Code to issue or	92896
renew such an embalmer's or funeral director's license. Such	92897
licenses shall be renewed ~~annually~~biennially as provided in	92898
section 4717.08 of the Revised Code. The board shall not issue a	92899
license to any person under this section unless the applicant	92900
proves that the applicant, in the state in which the applicant is	92901
licensed, has complied with requirements substantially equal to	92902
those established in section 4717.05 of the Revised Code.	92903

(B) The board of embalmers and funeral directors may issue	92904
courtesy cards. A courtesy cardholder shall be authorized to	92905
undertake both the following acts in this state:	92906

(1) Prepare and complete those sections of a death	92907
certificate and other permits needed for disposition of deceased	92908
human remains in this state and sign and file such death	92909
certificates and permits;	92910

(2) Supervise and conduct funeral ceremonies and interments	92911
in this state.	92912

(C) The board of embalmers and funeral directors may	92913
determine under what conditions a courtesy card may be issued to	92914
funeral directors in bordering states after taking into account	92915
whether and under what conditions and fees such border states	92916
issue similar courtesy cards to funeral directors licensed in this	92917
state. Applicants for courtesy cards shall apply on forms	92918
prescribed by the board, pay ~~an annual~~a biennial fee set by the	92919
board for initial applications and renewals, and adhere to such	92920
other requirements imposed by the board on courtesy cardholders.	92921

(D) No courtesy cardholder shall be authorized to undertake	92922
any of the following activities in this state:	92923

(1) Arranging funerals or disposition services with members	92924
of the public in this state;	92925

(2) Be employed by or under contract to a funeral home	92926
licensed in this state to perform funeral services in this state;	92927

(3) Advertise funeral or disposition services in this state;

92928

(4) Enter into or execute funeral or disposition contracts in	92929
this state;	92930

(5) Prepare or embalm deceased human remains in this state;

92931

(6) Arrange for or carry out the disinterment of human	92932
remains in this state.	92933

(E) As used in this section, "courtesy card" means a special	92934
permit that may be issued to a funeral director licensed in a	92935
state that borders this state and who does not hold a funeral	92936
director's license under this chapter.	92937

Sec. 4717.14. (A) The board of embalmers and funeral	92938
directors may refuse to grant or renew, or may suspend or revoke,	92939
any license issued under this chapter or may require the holder of	92940
a license to take corrective action courses for any of the	92941
following reasons:	92942

(1) The license was obtained by fraud or misrepresentation	92943
either in the application or in passing the examination.	92944

(2) The applicant or licensee has been convicted of or has	92945
pleaded guilty to a felony or of any crime involving moral	92946
turpitude.	92947

(3) The applicant or licensee has purposely violated any	92948
provision of sections 4717.01 to 4717.15 or a rule adopted under	92949
any of those sections; division (A) or (B) of section 4717.23;	92950
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	92951
or divisions (H) to (K) of section 4717.26; division (D)(1) of	92952
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	92953
Revised Code; any rule or order of the department of health or a	92954
board of health of a health district governing the disposition of	92955
dead human bodies; or any other rule or order applicable to the	92956
applicant or licensee.	92957

(4) The applicant or licensee has committed immoral or	92958
unprofessional conduct.	92959

(5) The applicant or licensee knowingly permitted an	92960
unlicensed person, other than a person serving an apprenticeship,	92961
to engage in the profession or business of embalming or funeral	92962
directing under the applicant's or licensee's supervision.	92963

(6) The applicant or licensee has been habitually	92964
intoxicated, or is addicted to the use of morphine, cocaine, or	92965
other habit-forming or illegal drugs.	92966

(7) The applicant or licensee has refused to promptly submit	92967
the custody of a dead human body upon the express order of the	92968
person legally entitled to the body.	92969

(8) The licensee loaned the licensee's own license, or the	92970
applicant or licensee borrowed or used the license of another	92971
person, or knowingly aided or abetted the granting of an improper	92972
license.	92973

(9) The applicant or licensee transferred a license to	92974
operate a funeral home, embalming facility, or crematory from one	92975
owner or operator to another, or from one location to another,	92976
without notifying the board.	92977

(10) The applicant or licensee misled the public by using	92978
false or deceptive advertising.	92979

(B)(1) The board of embalmers and funeral directors shall	92980
refuse to grant or renew, or shall suspend or revoke, an	92981
embalmer's, funeral director's, funeral home, or embalming	92982
facility license only in accordance with Chapter 119. of the	92983
Revised Code.	92984

(2) The board shall send to the crematory review board	92985
written notice that it proposes to refuse to issue or renew, or	92986
proposes to suspend or revoke, a license to operate a crematory	92987
facility. If, after the conclusion of the adjudicatory hearing on	92988
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	92989
the Revised Code, the board of embalmers and funeral directors	92990
finds that any of the circumstances described in divisions (A)(1)	92991
to (10) of this section apply to the person named in its proposed	92992
action, the board may issue a final order under division ~~(E)~~(F) of	92993
section 4717.03 of the Revised Code refusing to issue or renew, or	92994
suspending or revoking, the person's license to operate a	92995
crematory facility.	92996

(C) If the board of embalmers and funeral directors	92997
determines that there is clear and convincing evidence that any of	92998
the circumstances described in divisions (A)(1) to (10) of this	92999
section apply to the holder of a license issued under this chapter	93000
and that the licensee's continued practice presents a danger of	93001
immediate and serious harm to the public, the board may suspend	93002
the licensee's license without a prior adjudicatory hearing. The	93003
executive director of the board shall prepare written allegations	93004
for consideration by the board.	93005

The board, after reviewing the written allegations, may	93006
suspend a license without a prior hearing.	93007

The board shall issue a written order of suspension by a	93008
delivery system or in person in accordance with section 119.07 of	93009
the Revised Code. Such an order is not subject to suspension by	93010
the court during the pendency of any appeal filed under section	93011
119.12 of the Revised Code. If the holder of an embalmer's,	93012
funeral director's, funeral home, or embalming facility license	93013
requests an adjudicatory hearing by the board, the date set for	93014
the hearing shall be within fifteen days, but not earlier than	93015
seven days, after the licensee has requested a hearing, unless the	93016
board and the licensee agree to a different time for holding the	93017
hearing.	93018

Upon issuing a written order of suspension to the holder of a	93019
license to operate a crematory facility, the board of embalmers	93020
and funeral directors shall send written notice of the issuance of	93021
the order to the crematory review board. The crematory review	93022
board shall hold an adjudicatory hearing on the order under	93023
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	93024
fifteen days, but not earlier than seven days, after the issuance	93025
of the order, unless the crematory review board and the licensee	93026
agree to a different time for holding the adjudicatory hearing.	93027

Any summary suspension imposed under this division shall	93028
remain in effect, unless reversed on appeal, until a final	93029
adjudicatory order issued by the board of embalmers and funeral	93030
directors pursuant to this division and Chapter 119. of the	93031
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	93032
Code, as applicable, becomes effective. The board of embalmers and	93033
funeral directors shall issue its final adjudicatory order within	93034
sixty days after the completion of its hearing or, in the case of	93035
the summary suspension of a license to operate a crematory	93036
facility, within sixty days after completion of the adjudicatory	93037
hearing by the crematory review board. A failure to issue the	93038
order within that time results in the dissolution of the summary	93039
suspension order, but does not invalidate any subsequent final	93040
adjudicatory order.	93041

(D) If the board of embalmers and funeral directors suspends	93042
or revokes a license held by a funeral director or a funeral home	93043
for any reason identified in division (A) of this section, the	93044
board may file a complaint with the court of common pleas in the	93045
county where the violation occurred requesting appointment of a	93046
receiver and the sequestration of the assets of the funeral home	93047
that held the suspended or revoked license or the licensed funeral	93048
home that employs the funeral director that held the suspended or	93049
revoked license. If the court of common pleas is satisfied with	93050
the application for a receivership, the court may appoint a	93051
receiver.	93052

The board or a receiver may employ and procure whatever	93053
assistance or advice is necessary in the receivership or	93054
liquidation and distribution of the assets of the funeral home,	93055
and, for that purpose, may retain officers or employees of the	93056
funeral home as needed. All expenses of the receivership or	93057
liquidation shall be paid from the assets of the funeral home and	93058
shall be a lien on those assets, and that lien shall be a priority	93059
to any other lien.	93060

(E) Any holder of a license issued under this chapter who has	93061
pleaded guilty to, has been found by a judge or jury to be guilty	93062
of, or has had a judicial finding of eligibility for treatment in	93063
lieu of conviction entered against the individual in this state	93064
for aggravated murder, murder, voluntary manslaughter, felonious	93065
assault, kidnapping, rape, sexual battery, gross sexual	93066
imposition, aggravated arson, aggravated robbery, or aggravated	93067
burglary, or who has pleaded guilty to, has been found by a judge	93068
or jury to be guilty of, or has had a judicial finding of	93069
eligibility for treatment in lieu of conviction entered against	93070
the individual in another jurisdiction for any substantially	93071
equivalent criminal offense, is hereby suspended from practice	93072
under this chapter by operation of law, and any license issued to	93073
the individual under this chapter is hereby suspended by operation	93074
of law as of the date of the guilty plea, verdict or finding of	93075
guilt, or judicial finding of eligibility for treatment in lieu of	93076
conviction, regardless of whether the proceedings are brought in	93077
this state or another jurisdiction. The board shall notify the	93078
suspended individual of the suspension of the individual's license	93079
by the operation of this division by a delivery system or in	93080
person in accordance with section 119.07 of the Revised Code. If	93081
an individual whose license is suspended under this division fails	93082
to make a timely request for an adjudicatory hearing, the board	93083
shall enter a final order revoking the license.	93084

(F) No person whose license has been suspended or revoked	93085
under or by the operation of this section shall practice embalming	93086
or funeral directing or operate a funeral home, embalming	93087
facility, or crematory facility until the board has reinstated the	93088
person's license.	93089

Sec. 4717.15. (A) The board of embalmers and funeral	93090
directors, without the necessity for conducting a prior	93091
adjudication hearing, may issue a notice of violation to the	93092
holder of an embalmer's, funeral director's, funeral home, or	93093
embalming facility license issued under this chapter who the board	93094
finds has committed any of the violations described in divisions	93095
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	93096
notice shall set forth the specific violation committed by the	93097
licensee and shall be sent by certified mail. The notice shall be	93098
accompanied by an order requiring the payment of the appropriate	93099
forfeiture prescribed in rules adopted under division (A)(9) of	93100
section 4717.04 of the Revised Code and by a notice informing the	93101
licensee that the licensee is entitled to an adjudicatory hearing	93102
on the notice of violation and order if the licensee requests a	93103
hearing and if the board receives the request within thirty days	93104
after the mailing of the notice of violation and order. The board	93105
shall conduct any such adjudicatory hearing in accordance with	93106
Chapter 119. of the Revised Code, except as otherwise provided in	93107
this division.	93108

A licensee who receives a notice of violation and order under	93109
this division shall pay to the executive director of the board the	93110
full amount of the forfeiture by certified check within thirty	93111
days after the notice of violation and order were mailed to the	93112
licensee unless, within that time, the licensee submits a request	93113
for an adjudicatory hearing on the notice of violation and order.	93114
If such a request for an adjudicatory hearing is timely filed, the	93115
licensee need not pay the forfeiture to the executive director	93116
until after a final, nonappealable administrative or judicial	93117
decision is rendered on the order requiring payment of the	93118
forfeiture. If a final nonappealable administrative or judicial	93119
decision is rendered affirming the board's order, the licensee	93120
shall pay to the executive director of the board the full amount	93121
of the forfeiture by certified check within thirty days after	93122
notice of the decision was sent to the licensee. A forfeiture is	93123
considered to be paid when the licensee's certified check is	93124
received by the executive director in Columbus. If the licensee	93125
fails to so pay the full amount of the forfeiture to the executive	93126
director within that time, the board shall issue an order	93127
suspending or revoking the individual's license, as the board	93128
considers appropriate.	93129

(B) The board shall send to the crematory review board	93130
written notice that it proposes to issue to the holder of a	93131
license to operate a crematory facility issued under this chapter	93132
a notice of violation and order requiring payment of a forfeiture	93133
specified in rules adopted under division (A)(9) of section	93134
4717.04 of the Revised Code. If, after the conclusion of the	93135
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	93136
of section 4717.03 of the Revised Code, the board of embalmers and	93137
funeral directors finds that the licensee has committed any of the	93138
violations described in divisions (A)(9)(a) to (g) of section	93139
4717.04 of the Revised Code in connection with the operation of a	93140
crematory facility or cremation, the board of embalmers and	93141
funeral directors may issue a final order under division ~~(E)~~(F) of	93142
section 4717.03 of the Revised Code requiring payment of the	93143
appropriate forfeiture specified in rules adopted under division	93144
(A)(9) of section 4717.04 of the Revised Code. A licensee who	93145
receives such an order shall pay the full amount of the forfeiture	93146
to the executive director by certified check within thirty days	93147
after the order was sent to the licensee unless, within that time,	93148
the licensee files a notice of appeal in accordance with division	93149
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	93150
If such a notice of appeal is timely filed, the licensee need not	93151
pay the forfeiture to the executive director until after a final,	93152
nonappealable judicial decision is rendered in the appeal. If a	93153
final, nonappealable judicial decision is rendered affirming the	93154
board's order, the licensee shall pay to the executive director	93155
the full amount of the forfeiture by certified check within thirty	93156
days after notice of the decision was sent to the licensee. A	93157
forfeiture is considered paid when the licensee's certified check	93158
is received by the executive director in Columbus. If the licensee	93159
fails to so pay the full amount of the forfeiture to the executive	93160
director within that time, the board shall issue an order	93161
suspending or revoking the individual's license, as the board	93162
considers appropriate.	93163

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	93164
the Revised Code:	93165

(1) "Affiliate" means a business entity that is owned by,	93166
operated by, controlled by, or under common control with another	93167
business entity.	93168

(2) "Communication" means a written or oral notification or	93169
advertisement that meets both of the following criteria, as	93170
applicable:	93171

(a) The notification or advertisement is transmitted by or on	93172
behalf of the seller of goods or services and by or through any	93173
printed, audio, video, cinematic, telephonic, or electronic means.	93174

(b) In the case of a notification or advertisement other than	93175
by telephone, either of the following conditions is met:	93176

(i) The notification or advertisement is followed by a	93177
telephone call from a telephone solicitor or salesperson.	93178

(ii) The notification or advertisement invites a response by	93179
telephone, and, during the course of that response, a telephone	93180
solicitor or salesperson attempts to make or makes a sale of goods	93181
or services. As used in division (A)(2)(b)(ii) of this section,	93182
"invites a response by telephone" excludes the mere listing or	93183
inclusion of a telephone number in a notification or	93184
advertisement.	93185

(3) "Gift, award, or prize" means anything of value that is	93186
offered or purportedly offered, or given or purportedly given by	93187
chance, at no cost to the receiver and with no obligation to	93188
purchase goods or services. As used in this division, "chance"	93189
includes a situation in which a person is guaranteed to receive an	93190
item and, at the time of the offer or purported offer, the	93191
telephone solicitor does not identify the specific item that the	93192
person will receive.	93193

(4) "Goods or services" means any real property or any	93194
tangible or intangible personal property, or services of any kind	93195
provided or offered to a person. "Goods or services" includes, but	93196
is not limited to, advertising; labor performed for the benefit of	93197
a person; personal property intended to be attached to or	93198
installed in any real property, regardless of whether it is so	93199
attached or installed; timeshare estates or licenses; and extended	93200
service contracts.	93201

(5) "Purchaser" means a person that is solicited to become or	93202
does become financially obligated as a result of a telephone	93203
solicitation.	93204

(6) "Salesperson" means an individual who is employed,	93205
appointed, or authorized by a telephone solicitor to make	93206
telephone solicitations but does not mean any of the following:	93207

(a) An individual who comes within one of the exemptions in	93208
division (B) of this section;	93209

(b) An individual employed, appointed, or authorized by a	93210
person who comes within one of the exemptions in division (B) of	93211
this section;	93212

(c) An individual under a written contract with a person who	93213
comes within one of the exemptions in division (B) of this	93214
section, if liability for all transactions with purchasers is	93215
assumed by the person so exempted.	93216

(7) "Telephone solicitation" means a communication to a	93217
person that meets both of the following criteria:	93218

(a) The communication is initiated by or on behalf of a	93219
telephone solicitor or by a salesperson.	93220

(b) The communication either represents a price or the	93221
quality or availability of goods or services or is used to induce	93222
the person to purchase goods or services, including, but not	93223
limited to, inducement through the offering of a gift, award, or	93224
prize.	93225

(8) "Telephone solicitor" means a person that engages in	93226
telephone solicitation directly or through one or more	93227
salespersons either from a location in this state, or from a	93228
location outside this state to persons in this state. "Telephone	93229
solicitor" includes, but is not limited to, any such person that	93230
is an owner, operator, officer, or director of, partner in, or	93231
other individual engaged in the management activities of, a	93232
business.	93233

(B) A telephone solicitor is exempt from the provisions of	93234
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	93235
Code if the telephone solicitor is any one of the following:	93236

(1) A person engaging in a telephone solicitation that is a	93237
one-time or infrequent transaction not done in the course of a	93238
pattern of repeated transactions of a like nature;	93239

(2) A person engaged in telephone solicitation solely for	93240
religious or political purposes; a charitable organization,	93241
fund-raising counsel, or professional solicitor in compliance with	93242
the registration and reporting requirements of Chapter 1716. of	93243
the Revised Code; or any person or other entity exempt under	93244
section 1716.03 of the Revised Code from filing a registration	93245
statement under section 1716.02 of the Revised Code;	93246

(3) A person, making a telephone solicitation involving a	93247
home solicitation sale as defined in section 1345.21 of the	93248
Revised Code, that makes the sales presentation and completes the	93249
sale at a later, face-to-face meeting between the seller and the	93250
purchaser rather than during the telephone solicitation. However,	93251
if the person, following the telephone solicitation, causes	93252
another person to collect the payment of any money, this exemption	93253
does not apply.	93254

(4) A licensed securities, commodities, or investment broker,	93255
dealer, investment advisor, or associated person when making a	93256
telephone solicitation within the scope of the person's license.	93257
As used in division (B)(4) of this section, "licensed securities,	93258
commodities, or investment broker, dealer, investment advisor, or	93259
associated person" means a person subject to licensure or	93260
registration as such by the securities and exchange commission;	93261
the National Association of Securities Dealers or other	93262
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	93263
the division of securities under Chapter 1707. of the Revised	93264
Code; or by an official or agency of any other state of the United	93265
States.	93266

(5)(a) A person primarily engaged in soliciting the sale of a	93267
newspaper of general circulation;	93268

(b) As used in division (B)(5)(a) of this section, "newspaper	93269
of general circulation" includes, but is not limited to, both of	93270
the following:	93271

(i) A newspaper that is a daily law journal designated as an	93272
official publisher of court calendars pursuant to section 2701.09	93273
of the Revised Code;	93274

(ii) A newspaper or publication that has at least twenty-five	93275
per cent editorial, non-advertising content, exclusive of inserts,	93276
measured relative to total publication space, and an audited	93277
circulation to at least fifty per cent of the households in the	93278
newspaper's retail trade zone as defined by the audit.	93279

(6)(a) An issuer, or its subsidiary, that has a class of	93280
securities to which all of the following apply:	93281

(i) The class of securities is subject to section 12 of the	93282
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	93283
registered or is exempt from registration under 15 U.S.C.A.	93284
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	93285

(ii) The class of securities is listed on the New York stock	93286
exchange, the American stock exchange, or the NASDAQ national	93287
market system;	93288

(iii) The class of securities is a reported security as	93289
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	93290

(b) An issuer, or its subsidiary, that formerly had a class	93291
of securities that met the criteria set forth in division	93292
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	93293
net worth in excess of one hundred million dollars, files or its	93294
parent files with the securities and exchange commission an S.E.C.	93295
form 10-K, and has continued in substantially the same business	93296
since it had a class of securities that met the criteria in	93297
division (B)(6)(a) of this section. As used in division (B)(6)(b)	93298
of this section, "issuer" and "subsidiary" include the successor	93299
to an issuer or subsidiary.	93300

(7) A person soliciting a transaction regulated by the	93301
commodity futures trading commission, if the person is registered	93302
or temporarily registered for that activity with the commission	93303
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	93304
registration has not expired or been suspended or revoked;	93305

(8) A person soliciting the sale of any book, record, audio	93306
tape, compact disc, or video, if the person allows the purchaser	93307
to review the merchandise for at least seven days and provides a	93308
full refund within thirty days to a purchaser who returns the	93309
merchandise or if the person solicits the sale on behalf of a	93310
membership club operating in compliance with regulations adopted	93311
by the federal trade commission in 16 C.F.R. 425;	93312

(9) A supervised financial institution or its subsidiary. As	93313
used in division (B)(9) of this section, "supervised financial	93314
institution" means a bank, trust company, savings and loan	93315
association, savings bank, credit union, industrial loan company,	93316
consumer finance lender, commercial finance lender, or institution	93317
described in section 2(c)(2)(F) of the "Bank Holding Company Act	93318
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	93319
official or agency of the United States, this state, or any other	93320
state of the United States; or a licensee or registrant under	93321
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	93322
1321.83 of the Revised Code.	93323

(10)(a) An insurance company, association, or other	93324
organization that is licensed or authorized to conduct business in	93325
this state by the superintendent of insurance pursuant to Title	93326
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	93327
when soliciting within the scope of its license or authorization.	93328

(b) A licensed insurance broker, agent, or solicitor when	93329
soliciting within the scope of the person's license. As used in	93330
division (B)(10)(b) of this section, "licensed insurance broker,	93331
agent, or solicitor" means any person licensed as an insurance	93332
broker, agent, or solicitor by the superintendent of insurance	93333
pursuant to Title XXXIX of the Revised Code.	93334

(11) A person soliciting the sale of services provided by a	93335
cable television system operating under authority of a	93336
governmental franchise or permit;	93337

(12) A person soliciting a business-to-business sale under	93338
which any of the following conditions are met:	93339

(a) The telephone solicitor has been operating continuously	93340
for at least three years under the same business name under which	93341
it solicits purchasers, and at least fifty-one per cent of its	93342
gross dollar volume of sales consists of repeat sales to existing	93343
customers to whom it has made sales under the same business name.	93344

(b) The purchaser business intends to resell the goods	93345
purchased.	93346

(c) The purchaser business intends to use the goods or	93347
services purchased in a recycling, reuse, manufacturing, or	93348
remanufacturing process.	93349

(d) The telephone solicitor is a publisher of a periodical or	93350
of magazines distributed as controlled circulation publications as	93351
defined in division (CC) of section 5739.01 of the Revised Code	93352
and is soliciting sales of advertising, subscriptions, reprints,	93353
lists, information databases, conference participation or	93354
sponsorships, trade shows or media products related to the	93355
periodical or magazine, or other publishing services provided by	93356
the controlled circulation publication.	93357

(13) A person that, not less often than once each year,	93358
publishes and delivers to potential purchasers a catalog that	93359
complies with both of the following:	93360

(a) It includes all of the following:

93361

(i) The business address of the seller;

93362

(ii) A written description or illustration of each good or	93363
service offered for sale;	93364

(iii) A clear and conspicuous disclosure of the sale price of	93365
each good or service; shipping, handling, and other charges; and	93366
return policy.	93367

(b) One of the following applies:

93368

(i) The catalog includes at least twenty-four pages of	93369
written material and illustrations, is distributed in more than	93370
one state, and has an annual postage-paid mail circulation of not	93371
less than two hundred fifty thousand households;	93372

(ii) The catalog includes at least ten pages of written	93373
material or an equivalent amount of material in electronic form on	93374
the internet or an on-line computer service, the person does not	93375
solicit customers by telephone but solely receives telephone calls	93376
made in response to the catalog, and during the calls the person	93377
takes orders but does not engage in further solicitation of the	93378
purchaser. As used in division (B)(13)(b)(ii) of this section,	93379
"further solicitation" does not include providing the purchaser	93380
with information about, or attempting to sell, any other item in	93381
the catalog that prompted the purchaser's call or in a	93382
substantially similar catalog issued by the seller.	93383

(14) A political subdivision or instrumentality of the United	93384
States, this state, or any state of the United States;	93385

(15) A college or university or any other public or private	93386
institution of higher education in this state;	93387

(16) A public utility as defined in section 4905.02 of the	93388
Revised Code or a retail natural gas supplier as defined in	93389
section 4929.01 of the Revised Code, if the utility or supplier is	93390
subject to regulation by the public utilities commission, or the	93391
affiliate of the utility or supplier;	93392

(17) A person that solicits sales through a television	93393
program or advertisement that is presented in the same market area	93394
no fewer than twenty days per month or offers for sale no fewer	93395
than ten distinct items of goods or services; and offers to the	93396
purchaser an unconditional right to return any good or service	93397
purchased within a period of at least seven days and to receive a	93398
full refund within thirty days after the purchaser returns the	93399
good or cancels the service;	93400

(18)(a) A person that, for at least one year, has been	93401
operating a retail business under the same name as that used in	93402
connection with telephone solicitation and both of the following	93403
occur on a continuing basis:	93404

(i) The person either displays goods and offers them for	93405
retail sale at the person's business premises or offers services	93406
for sale and provides them at the person's business premises.	93407

(ii) At least fifty-one per cent of the person's gross dollar	93408
volume of retail sales involves purchases of goods or services at	93409
the person's business premises.	93410

(b) An affiliate of a person that meets the requirements in	93411
division (B)(18)(a) of this section if the affiliate meets all of	93412
the following requirements:	93413

(i) The affiliate has operated a retail business for a period	93414
of less than one year;	93415

(ii) The affiliate either displays goods and offers them for	93416
retail sale at the affiliate's business premises or offers	93417
services for sale and provides them at the affiliate's business	93418
premises;	93419

(iii) At least fifty-one per cent of the affiliate's gross	93420
dollar volume of retail sales involves purchases of goods or	93421
services at the affiliate's business premises.	93422

(c) A person that, for a period of less than one year, has	93423
been operating a retail business in this state under the same name	93424
as that used in connection with telephone solicitation, as long as	93425
all of the following requirements are met:	93426

(i) The person either displays goods and offers them for	93427
retail sale at the person's business premises or offers services	93428
for sale and provides them at the person's business premises;	93429

(ii) The goods or services that are the subject of telephone	93430
solicitation are sold at the person's business premises, and at	93431
least sixty-five per cent of the person's gross dollar volume of	93432
retail sales involves purchases of goods or services at the	93433
person's business premises;	93434

(iii) The person conducts all telephone solicitation	93435
activities according to sections 310.3, 310.4, and 310.5 of the	93436
telemarketing sales rule adopted by the federal trade commission	93437
in 16 C.F.R. part 310.	93438

(19) A person who performs telephone solicitation sales	93439
services on behalf of other persons and to whom one of the	93440
following applies:	93441

(a) The person has operated under the same ownership,	93442
control, and business name for at least five years, and the person	93443
receives at least seventy-five per cent of its gross revenues from	93444
written telephone solicitation contracts with persons who come	93445
within one of the exemptions in division (B) of this section.	93446

(b) The person is an affiliate of one or more exempt persons	93447
and makes telephone solicitations on behalf of only the exempt	93448
persons of which it is an affiliate.	93449

(c) The person makes telephone solicitations on behalf of	93450
only exempt persons, the person and each exempt person on whose	93451
behalf telephone solicitations are made have entered into a	93452
written contract that specifies the manner in which the telephone	93453
solicitations are to be conducted and that at a minimum requires	93454
compliance with the telemarketing sales rule adopted by the	93455
federal trade commission in 16 C.F.R. part 310, and the person	93456
conducts the telephone solicitations in the manner specified in	93457
the written contract.	93458

(d) The person performs telephone solicitation for religious	93459
or political purposes, a charitable organization, a fund-raising	93460
council, or a professional solicitor in compliance with the	93461
registration and reporting requirements of Chapter 1716. of the	93462
Revised Code; and meets all of the following requirements:	93463

(i) The person has operated under the same ownership,	93464
control, and business name for at least five years, and the person	93465
receives at least fifty-one per cent of its gross revenues from	93466
written telephone solicitation contracts with persons who come	93467
within the exemption in division (B)(2) of this section;	93468

(ii) The person does not conduct a prize promotion or offer	93469
the sale of an investment opportunity;	93470

(iii) The person conducts all telephone solicitation	93471
activities according to sections 310.3, 310.4, and 310.5 of the	93472
telemarketing sales rules adopted by the federal trade commission	93473
in 16 C.F.R. part 310.	93474

(20) A person that is a licensed real estate salesperson or	93475
broker under Chapter 4735. of the Revised Code when soliciting	93476
within the scope of the person's license;	93477

(21)(a) Either of the following:

93478

(i) A publisher that solicits the sale of the publisher's	93479
periodical or magazine of general, paid circulation, or a person	93480
that solicits a sale of that nature on behalf of a publisher under	93481
a written agreement directly between the publisher and the person.	93482

(ii) A publisher that solicits the sale of the publisher's	93483
periodical or magazine of general, paid circulation, or a person	93484
that solicits a sale of that nature as authorized by a publisher	93485
under a written agreement directly with a publisher's	93486
clearinghouse provided the person is a resident of Ohio for more	93487
than three years and initiates all telephone solicitations from	93488
Ohio and the person conducts the solicitation and sale in	93489
compliance with 16 C.F.R. part 310, as adopted by the federal	93490
trade commission.	93491

(b) As used in division (B)(21) of this section, "periodical	93492
or magazine of general, paid circulation" excludes a periodical or	93493
magazine circulated only as part of a membership package or given	93494
as a free gift or prize from the publisher or person.	93495

(22) A person that solicits the sale of food, as defined in	93496
section 3715.01 of the Revised Code, or the sale of products of	93497
horticulture, as defined in section 5739.01 of the Revised Code,	93498
if the person does not intend the solicitation to result in, or	93499
the solicitation actually does not result in, a sale that costs	93500
the purchaser an amount greater than five hundred dollars.	93501

(23) A funeral director licensed pursuant to Chapter 4717. of	93502
the Revised Code when soliciting within the scope of that license,	93503
if both of the following apply:	93504

(a) The solicitation and sale are conducted in compliance	93505
with 16 C.F.R. part 453, as adopted by the federal trade	93506
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	93507
the Revised Code;	93508

(b) The person provides to the purchaser of any preneed	93509
funeral contract a notice that clearly and conspicuously sets	93510
forth the cancellation rights specified in division (G) of section	93511
1107.33 of the Revised Code, and retains a copy of the notice	93512
signed by the purchaser.	93513

(24) A person, or affiliate thereof, licensed to sell or	93514
issue Ohio instruments designated as travelers checks pursuant to	93515
sections 1315.01 to 1315.18 of the Revised Code.	93516

(25) A person that solicits sales from its previous	93517
purchasers and meets all of the following requirements:	93518

(a) The solicitation is made under the same business name	93519
that was previously used to sell goods or services to the	93520
purchaser;	93521

(b) The person has, for a period of not less than three	93522
years, operated a business under the same business name as that	93523
used in connection with telephone solicitation;	93524

(c) The person does not conduct a prize promotion or offer	93525
the sale of an investment opportunity;	93526

(d) The person conducts all telephone solicitation activities	93527
according to sections 310.3, 310.4, and 310.5 of the telemarketing	93528
sales rules adopted by the federal trade commission in 16 C.F.R.	93529
part 310;	93530

(e) Neither the person nor any of its principals has been	93531
convicted of, pleaded guilty to, or has entered a plea of no	93532
contest for a felony or a theft offense as defined in sections	93533
2901.02 and 2913.01 of the Revised Code or similar law of another	93534
state or of the United States;	93535

(f) Neither the person nor any of its principals has had	93536
entered against them an injunction or a final judgment or order,	93537
including an agreed judgment or order, an assurance of voluntary	93538
compliance, or any similar instrument, in any civil or	93539
administrative action involving engaging in a pattern of corrupt	93540
practices, fraud, theft, embezzlement, fraudulent conversion, or	93541
misappropriation of property; the use of any untrue, deceptive, or	93542
misleading representation; or the use of any unfair, unlawful,	93543
deceptive, or unconscionable trade act or practice.	93544

(26) An institution defined as a home health agency in	93545
section 3701.881 of the Revised Code, that conducts all telephone	93546
solicitation activities according to sections 310.3, 310.4, and	93547
310.5 of the telemarketing sales rules adopted by the federal	93548
trade commission in 16 C.F.R. part 310, and engages in telephone	93549
solicitation only within the scope of the institution's	93550
certification, accreditation, contract with the department of	93551
aging, or status as a home health agency; and that meets one of	93552
the following requirements:	93553

(a) The institution is certified as a provider of home health	93554
services under Title XVIII of the Social Security Act, 49 Stat.	93555
620, 42 U.S.C. 301, as amended;	93556

(b) The institution is accredited by either the joint	93557
commission on accreditation of health care organizations or the	93558
community health accreditation program;	93559

(c) The institution is providing ~~passport~~PASSPORT services	93560
under the direction of the ~~Ohio~~ department of aging under ~~section~~	93561
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	93562

(d) An affiliate of an institution that meets the	93563
requirements of division (B)(26)(a), (b), or (c) of this section	93564
when offering for sale substantially the same goods and services	93565
as those that are offered by the institution that meets the	93566
requirements of division (B)(26)(a), (b), or (c) of this section.	93567

(27) A person licensed by the department of health pursuant	93568
to section 3712.04 or 3712.041 of the Revised Code to provide a	93569
hospice care program or pediatric respite care program when	93570
conducting telephone solicitations within the scope of the	93571
person's license and according to sections 310.3, 310.4, and 310.5	93572
of the telemarketing sales rules adopted by the federal trade	93573
commission in 16 C.F.R. part 310.	93574

Sec. 4723.18. (A) The board of nursing shall authorize a	93575
licensed practical nurse to administer to an adult intravenous	93576
therapy if the nurse supplies evidence satisfactory to the board	93577
that all of the following are the case:	93578

(1) The nurse holds a current, valid license issued under	93579
this chapter to practice nursing as a licensed practical nurse.	93580

(2) The nurse has been authorized under section 4723.18 of	93581
the Revised Code to administer medications.	93582

(3) The nurse successfully completed a course of study in the	93583
safe performance of intravenous therapy approved by the board	93584
pursuant to section 4723.19 of the Revised Code or by an agency in	93585
another jurisdiction that regulates the practice of nursing and	93586
has requirements for intravenous therapy course approval that are	93587
substantially similar to the requirements in division (B) of	93588
section 4723.19 of the Revised Code, as determined by the board.	93589

(4) The nurse has successfully completed a minimum of forty	93590
hours of training that includes all of the following:	93591

(a) The curriculum established by rules adopted by the board;

93592

(b) Training in the anatomy and physiology of the	93593
cardiovascular system, signs and symptoms of local and systemic	93594
complications in the administration of fluids and antibiotic	93595
additives, and guidelines for management of these complications;	93596

(c) Any other training or instruction the board considers	93597
appropriate;	93598

(d) A testing component that requires the nurse to perform a	93599
successful demonstration of the intravenous procedures, including	93600
all skills needed to perform them safely.	93601

(B) Except as provided in section 4723.181 of the Revised	93602
Code and subject to the restrictions in division (D) of this	93603
section, a licensed practical nurse may perform intravenous	93604
therapy on an adult patient only if authorized by the board	93605
pursuant to division (A) of this section and only at the direction	93606
of one of the following:	93607

(1) A licensed physician, dentist, optometrist, or podiatrist	93608
who, except as provided in division (C)(2) of this section, is	93609
present and readily available at the facility where the	93610
intravenous therapy procedure is performed;	93611

(2) A registered nurse in accordance with division (C) of	93612
this section.	93613

(C)(1) Except as provided in division (C)(2) of this section	93614
and section 4723.181 of the Revised Code, when a licensed	93615
practical nurse authorized by the board to perform intravenous	93616
therapy performs an intravenous therapy procedure at the direction	93617
of a registered nurse, the registered nurse or another registered	93618
nurse shall be readily available at the site where the intravenous	93619
therapy is performed, and before the licensed practical nurse	93620
initiates the intravenous therapy, the registered nurse shall	93621
personally perform an on-site assessment of the adult patient who	93622
is to receive the intravenous therapy.	93623

(2) When a licensed practical nurse authorized by the board	93624
to perform intravenous therapy performs an intravenous therapy	93625
procedure in a home as defined in section 3721.10 of the Revised	93626
Code, or in an intermediate care facility for ~~the mentally~~	93627
~~retarded~~individuals with intellectual disabilities as defined in	93628
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	93629
registered nurse or licensed physician, dentist, optometrist, or	93630
podiatrist, a registered nurse shall be on the premises of the	93631
home or facility or accessible by some form of telecommunication.	93632

(D) No licensed practical nurse shall perform any of the	93633
following intravenous therapy procedures:	93634

(1) Initiating or maintaining any of the following:

93635

(a) Blood or blood components;

93636

(b) Solutions for total parenteral nutrition;

93637

(c) Any cancer therapeutic medication including, but not	93638
limited to, cancer chemotherapy or an anti-neoplastic agent;	93639

(d) Solutions administered through any central venous line or	93640
arterial line or any other line that does not terminate in a	93641
peripheral vein, except that a licensed practical nurse authorized	93642
by the board to perform intravenous therapy may maintain the	93643
solutions specified in division (D)(6)(a) of this section that are	93644
being administered through a central venous line or peripherally	93645
inserted central catheter;	93646

(e) Any investigational or experimental medication.

93647

(2) Initiating intravenous therapy in any vein, except that a	93648
licensed practical nurse authorized by the board to perform	93649
intravenous therapy may initiate intravenous therapy in accordance	93650
with this section in a vein of the hand, forearm, or antecubital	93651
fossa;	93652

(3) Discontinuing a central venous, arterial, or any other	93653
line that does not terminate in a peripheral vein;	93654

(4) Initiating or discontinuing a peripherally inserted	93655
central catheter;	93656

(5) Mixing, preparing, or reconstituting any medication for	93657
intravenous therapy, except that a licensed practical nurse	93658
authorized by the board to perform intravenous therapy may prepare	93659
or reconstitute an antibiotic additive;	93660

(6) Administering medication via the intravenous route,	93661
including all of the following activities:	93662

(a) Adding medication to an intravenous solution or to an	93663
existing infusion, except that a licensed practical nurse	93664
authorized by the board to perform intravenous therapy may do any	93665
of the following:	93666

(i) Initiate an intravenous infusion containing one or more	93667
of the following elements: dextrose 5%, normal saline, lactated	93668
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	93669
water;	93670

(ii) Hang subsequent containers of the intravenous solutions	93671
specified in division (D)(6)(a)(i) of this section that contain	93672
vitamins or electrolytes, if a registered nurse initiated the	93673
infusion of that same intravenous solution;	93674

(iii) Initiate or maintain an intravenous infusion containing	93675
an antibiotic additive.	93676

(b) Injecting medication via a direct intravenous route,	93677
except that a licensed practical nurse authorized by the board to	93678
perform intravenous therapy may inject heparin or normal saline to	93679
flush an intermittent infusion device or heparin lock including,	93680
but not limited to, bolus or push.	93681

(7) Changing tubing on any line including, but not limited	93682
to, an arterial line or a central venous line, except that a	93683
licensed practical nurse authorized by the board to perform	93684
intravenous therapy may change tubing on an intravenous line that	93685
terminates in a peripheral vein;	93686

(8) Programming or setting any function of a patient	93687
controlled infusion pump.	93688

(E) Notwithstanding divisions (A) and (D) of this section, at	93689
the direction of a physician or a registered nurse, a licensed	93690
practical nurse authorized by the board to perform intravenous	93691
therapy may perform the following activities for the purpose of	93692
performing dialysis:	93693

(1) The routine administration and regulation of saline	93694
solution for the purpose of maintaining an established fluid plan;	93695

(2) The administration of a heparin dose intravenously;

93696

(3) The administration of a heparin dose peripherally via a	93697
fistula needle;	93698

(4) The loading and activation of a constant infusion pump;

93699

(5) The intermittent injection of a dose of medication that	93700
is administered via the hemodialysis blood circuit and through the	93701
patient's venous access.	93702

(F) No person shall employ or direct a licensed practical	93703
nurse to perform an intravenous therapy procedure without first	93704
verifying that the licensed practical nurse is authorized by the	93705
board to perform intravenous therapy.	93706

Sec. 4723.35. (A) As used in this section, "chemical	93707
dependency" means either of the following:	93708

(1) The chronic and habitual use of alcoholic beverages to	93709
the extent that the user no longer can control the use of alcohol	93710
or endangers the user's health, safety, or welfare or that of	93711
others;	93712

(2) The use of a controlled substance as defined in section	93713
3719.01 of the Revised Code, a harmful intoxicant as defined in	93714
section 2925.01 of the Revised Code, or a dangerous drug as	93715
defined in section 4729.01 of the Revised Code, to the extent that	93716
the user becomes physically or psychologically dependent on the	93717
substance, intoxicant, or drug or endangers the user's health,	93718
safety, or welfare or that of others.	93719

(B) The board of nursing may abstain from taking disciplinary	93720
action under section 4723.28 or 4723.86 of the Revised Code	93721
against an individual with a chemical dependency if it finds that	93722
the individual can be treated effectively and there is no	93723
impairment of the individual's ability to practice according to	93724
acceptable and prevailing standards of safe care. The board shall	93725
establish a chemical dependency monitoring program to monitor the	93726
registered nurses, licensed practical nurses, dialysis	93727
technicians, and certified community health workers against whom	93728
the board has abstained from taking action. The board shall	93729
develop the program, select the program's name, and designate a	93730
coordinator to administer the program.	93731

(C) Determinations regarding an individual's eligibility for	93732
admission to, continued participation in, and successful	93733
completion of the monitoring program shall be made by the board's	93734
supervising member for disciplinary matters in accordance with	93735
rules adopted under division (D) of this section.	93736

(D) The board shall adopt rules in accordance with Chapter	93737
119. of the Revised Code that establish the following:	93738

(1) Eligibility requirements for admission to and continued	93739
participation in the monitoring program;	93740

(2) Terms and conditions that must be met to participate in	93741
and successfully complete the program;	93742

(3) Procedures for keeping confidential records regarding	93743
participants;	93744

(4) Any other requirements or procedures necessary to	93745
establish and administer the program.	93746

(E)(1) As a condition of being admitted to the monitoring	93747
program, an individual shall surrender to the program coordinator	93748
the license or certificate that the individual holds. While the	93749
surrender is in effect, the individual is prohibited from engaging	93750
in the practice of nursing, engaging in the provision of dialysis	93751
care, or engaging in the provision of services that were being	93752
provided as a certified community health worker.	93753

If the board's supervising member for disciplinary matters	93754
determines that a participant is capable of resuming practice	93755
according to acceptable and prevailing standards of safe care, the	93756
program coordinator shall return the participant's license or	93757
certificate. If the participant violates the terms and conditions	93758
of resumed practice, the coordinator shall require the participant	93759
to surrender the license or certificate as a condition of	93760
continued participation in the program. The coordinator may	93761
require the surrender only on the approval of the board's	93762
supervising member for disciplinary matters.	93763

The surrender of a license or certificate on admission to the	93764
monitoring program or while participating in the program does not	93765
constitute an action by the board under section 4723.28 or 4723.86	93766
of the Revised Code. The participant may rescind the surrender at	93767
any time and the board may proceed by taking action under section	93768
4723.28 or 4723.86 of the Revised Code.	93769

(2) If the program coordinator determines that a participant	93770
is significantly out of compliance with the terms and conditions	93771
for participation, the coordinator shall notify the board's	93772
supervising member for disciplinary matters and the supervising	93773
member shall determine whether to temporarily suspend the	93774
participant's license or certificate. The board shall notify the	93775
participant of the suspension by certified mail sent to the	93776
participant's last known address and shall refer the matter to the	93777
board for formal action under section 4723.28 or 4723.86 of the	93778
Revised Code.	93779

(F) All of the following apply with respect to the receipt,	93780
release, and maintenance of records and information by the	93781
monitoring program:	93782

(1) The program coordinator shall maintain all program	93783
records in the board's office, and for each participant, shall	93784
retain the records for a period of two years following the	93785
participant's date of successful completion of the program.	93786

(2) When applying to participate in the monitoring program,	93787
the applicant shall sign a waiver permitting the board to receive	93788
and release information necessary to determine whether the	93789
individual is eligible for admission. After being admitted, the	93790
participant shall sign a waiver permitting the board to receive	93791
and release information necessary to determine whether the	93792
individual is eligible for continued participation in the program.	93793
Information that may be necessary for the board's supervising	93794
member for disciplinary matters to determine eligibility for	93795
admission or continued participation in the monitoring program	93796
includes, but is not limited to, information provided to and by	93797
employers, probation officers, law enforcement agencies, peer	93798
assistance programs, health professionals, and treatment	93799
providers. No entity with knowledge that the information has been	93800
provided to the monitoring program shall divulge that knowledge to	93801
any other person.	93802

(3) Except as provided in division (F)(4) of this section,	93803
all records pertaining to an individual's application for or	93804
participation in the monitoring program, including medical	93805
records, treatment records, and mental health records, shall be	93806
confidential. The records are not public records for the purposes	93807
of section 149.43 of the Revised Code and are not subject to	93808
discovery by subpoena or admissible as evidence in any judicial	93809
proceeding.	93810

(4) The board may disclose information regarding a	93811
participant's progress in the program to any person or government	93812
entity that the participant authorizes in writing to be given the	93813
information. In disclosing information under this division, the	93814
board shall not include any information that is protected under	93815
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	93816
or regulation that provides for the confidentiality of medical,	93817
mental health, or substance abuse records.	93818

(G) In the absence of fraud or bad faith, the board as a	93819
whole, its individual members, and its employees and	93820
representatives are not liable for damages in any civil action as	93821
a result of disclosing information in accordance with division	93822
(F)(4) of this section. In the absence of fraud or bad faith, any	93823
person reporting to the program with regard to an individual's	93824
chemical dependence, or the progress or lack of progress of that	93825
individual with regard to treatment, is not liable for damages in	93826
any civil action as a result of the report.	93827

Sec. 4723.481. This section establishes standards and	93828
conditions regarding the authority of a clinical nurse specialist,	93829
certified nurse-midwife, or certified nurse practitioner to	93830
prescribe drugs and therapeutic devices under a certificate to	93831
prescribe issued under section ~~4723.481~~4723.48 of the Revised	93832
Code.	93833

(A) A clinical nurse specialist, certified nurse-midwife, or	93834
certified nurse practitioner shall not prescribe any drug or	93835
therapeutic device that is not included in the types of drugs and	93836
devices listed on the formulary established in rules adopted under	93837
section 4723.50 of the Revised Code.	93838

(B) The prescriptive authority of a clinical nurse	93839
specialist, certified nurse-midwife, or certified nurse	93840
practitioner shall not exceed the prescriptive authority of the	93841
collaborating physician or podiatrist, including the collaborating	93842
physician's authority to treat chronic pain with controlled	93843
substances and products containing tramadol as described in	93844
section 4731.052 of the Revised Code.	93845

(C)(1) Except as provided in division (C)(2) or (3) of this	93846
section, a clinical nurse specialist, certified nurse-midwife, or	93847
certified nurse practitioner may prescribe to a patient a schedule	93848
II controlled substance only if all of the following are the case:	93849

(a) The patient has a terminal condition, as defined in	93850
section 2133.01 of the Revised Code.	93851

(b) The collaborating physician of the clinical nurse	93852
specialist, certified nurse-midwife, or certified nurse	93853
practitioner initially prescribed the substance for the patient.	93854

(c) The prescription is for an amount that does not exceed	93855
the amount necessary for the patient's use in a single,	93856
twenty-four-hour period.	93857

(2) The restrictions on prescriptive authority in division	93858
(C)(1) of this section do not apply if a clinical nurse	93859
specialist, certified nurse-midwife, or certified nurse	93860
practitioner issues the prescription to the patient from any of	93861
the following locations:	93862

(a) A hospital registered under section 3701.07 of the	93863
Revised Code;	93864

(b) An entity owned or controlled, in whole or in part, by a	93865
hospital or by an entity that owns or controls, in whole or in	93866
part, one or more hospitals;	93867

(c) A health care facility operated by the department of	93868
~~mental health~~mental health and addiction services or the	93869
department of developmental disabilities;	93870

(d) A nursing home licensed under section 3721.02 of the	93871
Revised Code or by a political subdivision certified under section	93872
3721.09 of the Revised Code;	93873

(e) A county home or district home operated under Chapter	93874
5155. of the Revised Code that is certified under the medicare or	93875
medicaid program;	93876

(f) A hospice care program, as defined in section 3712.01 of	93877
the Revised Code;	93878

(g) A community mental health ~~agency~~services provider, as	93879
defined in section 5122.01 of the Revised Code;	93880

(h) An ambulatory surgical facility, as defined in section	93881
3702.30 of the Revised Code;	93882

(i) A freestanding birthing center, as defined in section	93883
~~3702.51~~3702.141 of the Revised Code;	93884

(j) A federally qualified health center, as defined in	93885
section 3701.047 of the Revised Code;	93886

(k) A federally qualified health center look-alike, as	93887
defined in section 3701.047 of the Revised Code;	93888

(l) A health care office or facility operated by the board of	93889
health of a city or general health district or the authority	93890
having the duties of a board of health under section 3709.05 of	93891
the Revised Code;	93892

(m) A site where a medical practice is operated, but only if	93893
the practice is comprised of one or more physicians who also are	93894
owners of the practice; the practice is organized to provide	93895
direct patient care; and the clinical nurse specialist, certified	93896
nurse-midwife, or certified nurse practitioner providing services	93897
at the site has a standard care arrangement and collaborates with	93898
at least one of the physician owners who practices primarily at	93899
that site.	93900

(3) A clinical nurse specialist, certified nurse-midwife, or	93901
certified nurse practitioner shall not issue to a patient a	93902
prescription for a schedule II controlled substance from a	93903
convenience care clinic even if the clinic is owned or operated by	93904
an entity specified in division (C)(2) of this section.	93905

(D) A pharmacist who acts in good faith reliance on a	93906
prescription issued by a clinical nurse specialist, certified	93907
nurse-midwife, or certified nurse practitioner under division	93908
(C)(2) of this section is not liable for or subject to any of the	93909
following for relying on the prescription: damages in any civil	93910
action, prosecution in any criminal proceeding, or professional	93911
disciplinary action by the state board of pharmacy under Chapter	93912
4729. of the Revised Code.	93913

(E) A clinical nurse specialist, certified nurse-midwife, or	93914
certified nurse practitioner may personally furnish to a patient a	93915
sample of any drug or therapeutic device included in the types of	93916
drugs and devices listed on the formulary, except that all of the	93917
following conditions apply:	93918

(1) The amount of the sample furnished shall not exceed a	93919
seventy-two-hour supply, except when the minimum available	93920
quantity of the sample is packaged in an amount that is greater	93921
than a seventy-two-hour supply, in which case the packaged amount	93922
may be furnished.	93923

(2) No charge may be imposed for the sample or for furnishing	93924
it.	93925

(3) Samples of controlled substances may not be personally	93926
furnished.	93927

(F) A clinical nurse specialist, certified nurse-midwife, or	93928
certified nurse practitioner may personally furnish to a patient a	93929
complete or partial supply of a drug or therapeutic device	93930
included in the types of drugs and devices listed on the	93931
formulary, except that all of the following conditions apply:	93932

(1) The clinical nurse specialist, certified nurse-midwife,	93933
or certified nurse practitioner shall personally furnish only	93934
antibiotics, antifungals, scabicides, contraceptives, prenatal	93935
vitamins, antihypertensives, drugs and devices used in the	93936
treatment of diabetes, drugs and devices used in the treatment of	93937
asthma, and drugs used in the treatment of dyslipidemia.	93938

(2) The clinical nurse specialist, certified nurse-midwife,	93939
or certified nurse practitioner shall not furnish the drugs and	93940
devices in locations other than a health department operated by	93941
the board of health of a city or general health district or the	93942
authority having the duties of a board of health under section	93943
3709.05 of the Revised Code, a federally funded comprehensive	93944
primary care clinic, or a nonprofit health care clinic or program.	93945

(3) The clinical nurse specialist, certified nurse-midwife,	93946
or certified nurse practitioner shall comply with all safety	93947
standards for personally furnishing supplies of drugs and devices,	93948
as established in rules adopted under section 4723.50 of the	93949
Revised Code.	93950

Sec. 4725.03. The governor, with the advice and consent of	93951
the senate, shall appoint a state board of optometry consisting of	93952
six nonmedical residents of this state, five of whom shall be	93953
persons actually engaged in the practice of optometry for five	93954
years preceding appointment and one of whom shall be a member of	93955
the public at least ~~sixty~~fifty years of age. Terms of office	93956
shall be five years, commencing on the twenty-sixth day of	93957
September and ending on the twenty-fifth day of September. Each	93958
member shall hold office from the date of appointment until the	93959
end of the term for which appointed. Any member appointed to fill	93960
a vacancy occurring prior to the expiration of the term for which	93961
the member's predecessor was appointed shall hold office for the	93962
remainder of the term. A member shall continue in office	93963
subsequent to the expiration date of the member's term until the	93964
member's successor takes office, or until a period of sixty days	93965
has elapsed, whichever occurs first. No person shall serve as a	93966
member for more than two terms.	93967

Sec. 4725.16. (A) Each certificate of licensure, topical	93968
ocular pharmaceutical agents certificate, and therapeutic	93969
pharmaceutical agents certificate issued by the state board of	93970
optometry shall expire annually on the last day of December, and	93971
may be renewed in accordance with this section and the standard	93972
renewal procedure established under Chapter 4745. of the Revised	93973
Code.	93974

An optometrist seeking to continue to practice optometry	93975
shall file with the board an application for license renewal. The	93976
application shall be in such form and require such pertinent	93977
professional biographical data as the board may require.	93978

(B) All licensed optometrists shall annually complete	93979
continuing education in subjects relating to the practice of	93980
optometry, to the end that the utilization and application of new	93981
techniques, scientific and clinical advances, and the achievements	93982
of research will assure comprehensive care to the public. The	93983
board shall prescribe by rule the continuing optometric education	93984
that licensed optometrists must complete. The length of study	93985
shall be twenty-five clock hours each year, including ten clock	93986
hours of instruction in pharmacology to be completed by all	93987
licensed optometrists.	93988

Unless the continuing education required under this division	93989
is waived or deferred under division (D) of this section, the	93990
continuing education must be completed during the twelve-month	93991
period beginning on the first day of October and ending on the	93992
last day of September. If the board receives notice from a	93993
continuing education program indicating that an optometrist	93994
completed the program after the last day of September, and the	93995
optometrist wants to use the continuing education completed after	93996
that day to renew the license that expires on the last day of	93997
December of that year, the optometrist shall pay the penalty	93998
specified under section 4725.34 of the Revised Code for late	93999
completion of continuing education.	94000

At least once annually, the board shall post on its web site	94001
and shall mail, or send by electronic mail, to each licensed	94002
optometrist a list of courses approved in accordance with	94003
standards prescribed by board rule. Upon the request of a licensed	94004
optometrist, the executive director of the board shall supply a	94005
list of additional courses that the board has approved subsequent	94006
to the most recent web site posting, electronic mail transmission,	94007
or mailing of the list of approved courses.	94008

(C)(1) Annually, not later than the first day of November,	94009
the board shall mail or send by electronic mail a notice regarding	94010
license renewal to each licensed optometrist who may be eligible	94011
for renewal. The notice shall be sent to the optometrist's ~~last~~	94012
most recent electronic mail or mailing address shown in the	94013
board's records. If the board knows that the optometrist has	94014
completed the required continuing optometric education for the	94015
year, the board may include with the notice an application for	94016
license renewal.	94017

(2) Filing a license renewal application with the board shall	94018
serve as notice by the optometrist that the continuing optometric	94019
education requirement has been successfully completed. If the	94020
board finds that an optometrist has not completed the required	94021
continuing optometric education, the board shall disapprove the	94022
optometrist's application. The board's disapproval of renewal is	94023
effective without a hearing, unless a hearing is requested	94024
pursuant to Chapter 119. of the Revised Code.	94025

(3) The board shall refuse to accept an application for	94026
renewal from any applicant whose license is not in good standing	94027
or who is under disciplinary review pursuant to section 4725.19 of	94028
the Revised Code.	94029

(4) Notice of an applicant's failure to qualify for renewal	94030
shall be served upon the applicant by mail. The notice shall be	94031
sent not later than the fifteenth day of November to the	94032
applicant's last address shown in the board's records.	94033

(D) In cases of certified illness or undue hardship, the	94034
board may waive or defer for up to twelve months the requirement	94035
of continuing optometric education, except that in such cases the	94036
board may not waive or defer the continuing education in	94037
pharmacology required to be completed by optometrists who hold	94038
topical ocular pharmaceutical agents certificates or therapeutic	94039
pharmaceutical agents certificates. The board shall waive the	94040
requirement of continuing optometric education for any optometrist	94041
who is serving in the armed forces of the United States or who has	94042
received an initial certificate of licensure during the nine-month	94043
period which ended on the last day of September.	94044

(E) An optometrist whose renewal application has been	94045
approved may renew each certificate held by paying to the	94046
treasurer of state the fees for renewal specified under section	94047
4725.34 of the Revised Code. On payment of all applicable fees,	94048
the board shall issue a renewal of the optometrist's certificate	94049
of licensure, topical ocular pharmaceutical agents certificate,	94050
and therapeutic pharmaceutical agents certificate, as appropriate.	94051

(F) Not later than the fifteenth day of December, the board	94052
shall mail or send by electronic mail a second notice regarding	94053
license renewal to each licensed optometrist who may be eligible	94054
for renewal but did not respond to the notice sent under division	94055
(C)(1) of this section. The notice shall be sent to the	94056
optometrist's ~~last~~most recent electronic mail or mailing address	94057
shown in the board's records. If an optometrist fails to file a	94058
renewal application after the second notice is sent, the board	94059
shall send a third notice regarding license renewal prior to any	94060
action under division (I) of this section to classify the	94061
optometrist's certificates as delinquent.	94062

(G) The failure of an optometrist to apply for license	94063
renewal or the failure to pay the applicable annual renewal fees	94064
on or before the date of expiration, shall automatically work a	94065
forfeiture of the optometrist's authority to practice optometry in	94066
this state.	94067

(H) The board shall accept renewal applications and renewal	94068
fees that are submitted from the first day of January to the last	94069
day of April of the year next succeeding the date of expiration.	94070
An individual who submits such a late renewal application or fee	94071
shall pay the late renewal fee specified in section 4725.34 of the	94072
Revised Code.	94073

(I)(1) If the certificates issued by the board to an	94074
individual have expired and the individual has not filed a	94075
complete application during the late renewal period, the	94076
individual's certificates shall be classified in the board's	94077
records as delinquent.	94078

(2) Any optometrist subject to delinquent classification may	94079
submit a written application to the board for reinstatement. For	94080
reinstatement to occur, the applicant must meet all of the	94081
following conditions:	94082

(a) Submit to the board evidence of compliance with board	94083
rules requiring continuing optometric education in a sufficient	94084
number of hours to make up for any delinquent compliance;	94085

(b) Pay the renewal fees for the year in which application	94086
for reinstatement is made and the reinstatement fee specified	94087
under division (A)(8) of section 4725.34 of the Revised Code;	94088

(c) Pass all or part of the licensing examination accepted by	94089
the board under section 4725.11 of the Revised Code as the board	94090
considers appropriate to determine whether the application for	94091
reinstatement should be approved;	94092

(d) If the applicant has been practicing optometry in another	94093
state or country, submit evidence that the applicant's license to	94094
practice optometry in the other state or country is in good	94095
standing.	94096

(3) The board shall approve an application for reinstatement	94097
if the conditions specified in division (I)(2) of this section are	94098
met. An optometrist who receives reinstatement is subject to the	94099
continuing education requirements specified under division (B) of	94100
this section for the year in which reinstatement occurs.	94101

Sec. 4729.01. As used in this chapter:

94102

(A) "Pharmacy," except when used in a context that refers to	94103
the practice of pharmacy, means any area, room, rooms, place of	94104
business, department, or portion of any of the foregoing where the	94105
practice of pharmacy is conducted.	94106

(B) "Practice of pharmacy" means providing pharmacist care	94107
requiring specialized knowledge, judgment, and skill derived from	94108
the principles of biological, chemical, behavioral, social,	94109
pharmaceutical, and clinical sciences. As used in this division,	94110
"pharmacist care" includes the following:	94111

(1) Interpreting prescriptions;

94112

(2) Dispensing drugs and drug therapy related devices;

94113

(3) Compounding drugs;

94114

(4) Counseling individuals with regard to their drug therapy,	94115
recommending drug therapy related devices, and assisting in the	94116
selection of drugs and appliances for treatment of common diseases	94117
and injuries and providing instruction in the proper use of the	94118
drugs and appliances;	94119

(5) Performing drug regimen reviews with individuals by	94120
discussing all of the drugs that the individual is taking and	94121
explaining the interactions of the drugs;	94122

(6) Performing drug utilization reviews with licensed health	94123
professionals authorized to prescribe drugs when the pharmacist	94124
determines that an individual with a prescription has a drug	94125
regimen that warrants additional discussion with the prescriber;	94126

(7) Advising an individual and the health care professionals	94127
treating an individual with regard to the individual's drug	94128
therapy;	94129

(8) Acting pursuant to a consult agreement with a physician	94130
authorized under Chapter 4731. of the Revised Code to practice	94131
medicine and surgery or osteopathic medicine and surgery, if an	94132
agreement has been established with the physician;	94133

(9) Engaging in the administration of immunizations to the	94134
extent authorized by section 4729.41 of the Revised Code;	94135

(10) Electronic supervision and control of and communication	94136
with a remote dispensing system operated under section 4729.542 of	94137
the Revised Code.	94138

(C) "Compounding" means the preparation, mixing, assembling,	94139
packaging, and labeling of one or more drugs in any of the	94140
following circumstances:	94141

(1) Pursuant to a prescription issued by a licensed health	94142
professional authorized to prescribe drugs;	94143

(2) Pursuant to the modification of a prescription made in	94144
accordance with a consult agreement;	94145

(3) As an incident to research, teaching activities, or	94146
chemical analysis;	94147

(4) In anticipation of orders for drugs pursuant to	94148
prescriptions, based on routine, regularly observed dispensing	94149
patterns;	94150

(5) Pursuant to a request made by a licensed health	94151
professional authorized to prescribe drugs for a drug that is to	94152
be used by the professional for the purpose of direct	94153
administration to patients in the course of the professional's	94154
practice, if all of the following apply:	94155

(a) At the time the request is made, the drug is not	94156
commercially available regardless of the reason that the drug is	94157
not available, including the absence of a manufacturer for the	94158
drug or the lack of a readily available supply of the drug from a	94159
manufacturer.	94160

(b) A limited quantity of the drug is compounded and provided	94161
to the professional.	94162

(c) The drug is compounded and provided to the professional	94163
as an occasional exception to the normal practice of dispensing	94164
drugs pursuant to patient-specific prescriptions.	94165

(D) "Consult agreement" means an agreement to manage an	94166
individual's drug therapy that has been entered into by a	94167
pharmacist and a physician authorized under Chapter 4731. of the	94168
Revised Code to practice medicine and surgery or osteopathic	94169
medicine and surgery.	94170

(E) "Drug" means:

94171

(1) Any article recognized in the United States pharmacopoeia	94172
and national formulary, or any supplement to them, intended for	94173
use in the diagnosis, cure, mitigation, treatment, or prevention	94174
of disease in humans or animals;	94175

(2) Any other article intended for use in the diagnosis,	94176
cure, mitigation, treatment, or prevention of disease in humans or	94177
animals;	94178

(3) Any article, other than food, intended to affect the	94179
structure or any function of the body of humans or animals;	94180

(4) Any article intended for use as a component of any	94181
article specified in division (E)(1), (2), or (3) of this section;	94182
but does not include devices or their components, parts, or	94183
accessories.	94184

(F) "Dangerous drug" means any of the following:

94185

(1) Any drug to which either of the following applies:

94186

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	94187
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	94188
required to bear a label containing the legend "Caution: Federal	94189
law prohibits dispensing without prescription" or "Caution:	94190
Federal law restricts this drug to use by or on the order of a	94191
licensed veterinarian" or any similar restrictive statement, or	94192
the drug may be dispensed only upon a prescription;	94193

(b) Under Chapter 3715. or 3719. of the Revised Code, the	94194
drug may be dispensed only upon a prescription.	94195

(2) Any drug that contains a schedule V controlled substance	94196
and that is exempt from Chapter 3719. of the Revised Code or to	94197
which that chapter does not apply;	94198

(3) Any drug intended for administration by injection into	94199
the human body other than through a natural orifice of the human	94200
body.	94201

(G) "Federal drug abuse control laws" has the same meaning as	94202
in section 3719.01 of the Revised Code.	94203

(H) "Prescription" means a written, electronic, or oral order	94204
for drugs or combinations or mixtures of drugs to be used by a	94205
particular individual or for treating a particular animal, issued	94206
by a licensed health professional authorized to prescribe drugs.	94207

(I) "Licensed health professional authorized to prescribe	94208
drugs" or "prescriber" means an individual who is authorized by	94209
law to prescribe drugs or dangerous drugs or drug therapy related	94210
devices in the course of the individual's professional practice,	94211
including only the following:	94212

(1) A dentist licensed under Chapter 4715. of the Revised	94213
Code;	94214

(2) A clinical nurse specialist, certified nurse-midwife, or	94215
certified nurse practitioner who holds a certificate to prescribe	94216
issued under section 4723.48 of the Revised Code;	94217

(3) An optometrist licensed under Chapter 4725. of the	94218
Revised Code to practice optometry under a therapeutic	94219
pharmaceutical agents certificate;	94220

(4) A physician authorized under Chapter 4731. of the Revised	94221
Code to practice medicine and surgery, osteopathic medicine and	94222
surgery, or podiatric medicine and surgery;	94223

(5) A physician assistant who holds a certificate to	94224
prescribe issued under Chapter 4730. of the Revised Code;	94225

(6) A veterinarian licensed under Chapter 4741. of the	94226
Revised Code.	94227

(J) "Sale" and "sell" include delivery, transfer, barter,	94228
exchange, or gift, or offer therefor, and each such transaction	94229
made by any person, whether as principal proprietor, agent, or	94230
employee.	94231

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	94232
which the purpose of the purchaser is to resell the article	94233
purchased or received by the purchaser.	94234

(L) "Retail sale" and "sale at retail" mean any sale other	94235
than a wholesale sale or sale at wholesale.	94236

(M) "Retail seller" means any person that sells any dangerous	94237
drug to consumers without assuming control over and responsibility	94238
for its administration. Mere advice or instructions regarding	94239
administration do not constitute control or establish	94240
responsibility.	94241

(N) "Price information" means the price charged for a	94242
prescription for a particular drug product and, in an easily	94243
understandable manner, all of the following:	94244

(1) The proprietary name of the drug product;

94245

(2) The established (generic) name of the drug product;

94246

(3) The strength of the drug product if the product contains	94247
a single active ingredient or if the drug product contains more	94248
than one active ingredient and a relevant strength can be	94249
associated with the product without indicating each active	94250
ingredient. The established name and quantity of each active	94251
ingredient are required if such a relevant strength cannot be so	94252
associated with a drug product containing more than one	94253
ingredient.	94254

(4) The dosage form;

94255

(5) The price charged for a specific quantity of the drug	94256
product. The stated price shall include all charges to the	94257
consumer, including, but not limited to, the cost of the drug	94258
product, professional fees, handling fees, if any, and a statement	94259
identifying professional services routinely furnished by the	94260
pharmacy. Any mailing fees and delivery fees may be stated	94261
separately without repetition. The information shall not be false	94262
or misleading.	94263

(O) "Wholesale distributor of dangerous drugs" means a person	94264
engaged in the sale of dangerous drugs at wholesale and includes	94265
any agent or employee of such a person authorized by the person to	94266
engage in the sale of dangerous drugs at wholesale.	94267

(P) "Manufacturer of dangerous drugs" means a person, other	94268
than a pharmacist, who manufactures dangerous drugs and who is	94269
engaged in the sale of those dangerous drugs within this state.	94270

(Q) "Terminal distributor of dangerous drugs" means a person	94271
who is engaged in the sale of dangerous drugs at retail, or any	94272
person, other than a wholesale distributor or a pharmacist, who	94273
has possession, custody, or control of dangerous drugs for any	94274
purpose other than for that person's own use and consumption, and	94275
includes pharmacies, hospitals, nursing homes, and laboratories	94276
and all other persons who procure dangerous drugs for sale or	94277
other distribution by or under the supervision of a pharmacist or	94278
licensed health professional authorized to prescribe drugs.	94279

(R) "Promote to the public" means disseminating a	94280
representation to the public in any manner or by any means, other	94281
than by labeling, for the purpose of inducing, or that is likely	94282
to induce, directly or indirectly, the purchase of a dangerous	94283
drug at retail.	94284

(S) "Person" includes any individual, partnership,	94285
association, limited liability company, or corporation, the state,	94286
any political subdivision of the state, and any district,	94287
department, or agency of the state or its political subdivisions.	94288

(T) "Finished dosage form" has the same meaning as in section	94289
3715.01 of the Revised Code.	94290

(U) "Generically equivalent drug" has the same meaning as in	94291
section 3715.01 of the Revised Code.	94292

(V) "Animal shelter" means a facility operated by a humane	94293
society or any society organized under Chapter 1717. of the	94294
Revised Code or a dog pound operated pursuant to Chapter 955. of	94295
the Revised Code.	94296

(W) "Food" has the same meaning as in section 3715.01 of the	94297
Revised Code.	94298

(X) "Pain management clinic" has the same meaning as in	94299
section 4731.054 of the Revised Code.	94300

(Y) "Institutional facility" means any of the following at	94301
which medical care is provided and a medical record documenting	94302
episodes of care, including dangerous drugs prescribed, dispensed,	94303
or administered, is maintained:	94304

(1) A hospital classified by the department of health under	94305
section 3701.07 of Revised Code or licensed by the department of	94306
mental health under section 5119.20 of the Revised Code;	94307

(2) A facility licensed by the department of health,	94308
including a health care facility as defined in section 3702.30 of	94309
the Revised Code, a home as defined in section 3721.01 of the	94310
Revised Code, or any other facility licensed by the department at	94311
which medical care is provided;	94312

(3) A facility maintained or operated by the department of	94313
rehabilitation and correction or the department of developmental	94314
disabilities at which medical care is provided.	94315

Sec. 4729.51. (A) No person other than a registered	94316
wholesale distributor of dangerous drugs shall possess for sale,	94317
sell, distribute, or deliver, at wholesale, dangerous drugs,	94318
except as follows:	94319

(1) A pharmacist who is a licensed terminal distributor of	94320
dangerous drugs or who is employed by a licensed terminal	94321
distributor of dangerous drugs may make occasional sales of	94322
dangerous drugs at wholesale;	94323

(2) A licensed terminal distributor of dangerous drugs having	94324
more than one establishment or place may transfer or deliver	94325
dangerous drugs from one establishment or place for which a	94326
license has been issued to the terminal distributor to another	94327
establishment or place for which a license has been issued to the	94328
terminal distributor if the license issued for each establishment	94329
or place is in effect at the time of the transfer or delivery.	94330

(B)(1) No registered wholesale distributor of dangerous drugs	94331
shall possess for sale, or sell, at wholesale, dangerous drugs to	94332
any person other than the following:	94333

(a) Except as provided in division (B)(2)(a) of this section,	94334
a licensed health professional authorized to prescribe drugs;	94335

(b) An optometrist licensed under Chapter 4725. of the	94336
Revised Code who holds a topical ocular pharmaceutical agents	94337
certificate;	94338

94339

(d) A manufacturer of dangerous drugs;

94340

(e) Subject to division (B)(3) of this section, a licensed	94341
terminal distributor of dangerous drugs;	94342

(f) Carriers or warehouses for the purpose of carriage or	94343
storage;	94344

(g) Terminal or wholesale distributors of dangerous drugs who	94345
are not engaged in the sale of dangerous drugs within this state;	94346

(h) An individual who holds a current license, certificate,	94347
or registration issued under Title 47XLVII of the Revised Code	94348
and has been certified to conduct diabetes education by a national	94349
certifying body specified in rules adopted by the state board of	94350
pharmacy under section 4729.68 of the Revised Code, but only with	94351
respect to insulin that will be used for the purpose of diabetes	94352
education and only if diabetes education is within the	94353
individual's scope of practice under statutes and rules regulating	94354
the individual's profession;	94355

(i) An individual who holds a valid certificate issued by a	94356
nationally recognized S.C.U.B.A. diving certifying organization	94357
approved by the state board of pharmacy in rule, but only with	94358
respect to medical oxygen that will be used for the purpose of	94359
emergency care or treatment at the scene of a diving emergency;	94360

(j) Except as provided in division (B)(2)(b) of this section,	94361
a business entity that is a corporation formed under division (B)	94362
of section 1701.03 of the Revised Code, a limited liability	94363
company formed under Chapter 1705. of the Revised Code, or a	94364
professional association formed under Chapter 1785. of the Revised	94365
Code if the entity has a sole shareholder who is a licensed health	94366
professional authorized to prescribe drugs and is authorized to	94367
provide the professional services being offered by the entity;	94368

(k) Except as provided in division (B)(2)(c) of this section,	94369
a business entity that is a corporation formed under division (B)	94370
of section 1701.03 of the Revised Code, a limited liability	94371
company formed under Chapter 1705. of the Revised Code, a	94372
partnership or a limited liability partnership formed under	94373
Chapter 1775. of the Revised Code, or a professional association	94374
formed under Chapter 1785. of the Revised Code, if, to be a	94375
shareholder, member, or partner, an individual is required to be	94376
licensed, certified, or otherwise legally authorized under Title	94377
XLVII of the Revised Code to perform the professional service	94378
provided by the entity and each such individual is a licensed	94379
health professional authorized to prescribe drugs.	94380

(2) No registered wholesale distributor of dangerous drugs	94381
shall possess for sale, or sell, at wholesale, dangerous drugs to	94382
any of the following:	94383

(a) A prescriber who is employed by a pain management clinic	94384
that is not licensed as a terminal distributor of dangerous drugs	94385
with a pain management clinic classification issued under section	94386
4729.552 of the Revised Code;	94387

(b) A business entity described in division (B)(1)(j) of this	94388
section that is, or is operating, a pain management clinic without	94389
a license as a terminal distributor of dangerous drugs with a pain	94390
management clinic classification issued under section 4729.552 of	94391
the Revised Code;	94392

(c) A business entity described in division (B)(1)(k) of this	94393
section that is, or is operating, a pain management clinic without	94394
a license as a terminal distributor of dangerous drugs with a pain	94395
management clinic classification issued under section 4729.552 of	94396
the Revised Code.	94397

(3) No registered wholesale distributor of dangerous drugs	94398
shall possess dangerous drugs for sale at wholesale, or sell such	94399
drugs at wholesale, to a licensed terminal distributor of	94400
dangerous drugs, except as follows:	94401

(a) In the case of a terminal distributor with a category I	94402
license, only dangerous drugs described in category I, as defined	94403
in division (A)(1) of section 4729.54 of the Revised Code;	94404

(b) In the case of a terminal distributor with a category II	94405
license, only dangerous drugs described in category I and category	94406
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	94407
the Revised Code;	94408

(c) In the case of a terminal distributor with a category III	94409
license, dangerous drugs described in category I, category II, and	94410
category III, as defined in divisions (A)(1), (2), and (3) of	94411
section 4729.54 of the Revised Code;	94412

(d) In the case of a terminal distributor with a limited	94413
category I, II, or III license, only the dangerous drugs specified	94414
in the certificate furnished by the terminal distributor in	94415
accordance with section 4729.60 of the Revised Code.	94416

(C)(1) Except as provided in division (C)(4) of this section,	94417
no person shall sell, at retail, dangerous drugs.	94418

(2) Except as provided in division (C)(4) of this section, no	94419
person shall possess for sale, at retail, dangerous drugs.	94420

(3) Except as provided in division (C)(4) of this section, no	94421
person shall possess dangerous drugs.	94422

(4) Divisions (C)(1), (2), and (3) of this section do not	94423
apply to a registered wholesale distributor of dangerous drugs, a	94424
licensed terminal distributor of dangerous drugs, or a person who	94425
possesses, or possesses for sale or sells, at retail, a dangerous	94426
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	94427
4729., 4730., 4731., and 4741. of the Revised Code.	94428

Divisions (C)(1), (2), and (3) of this section do not apply	94429
to an individual who holds a current license, certificate, or	94430
registration issued under Title XLVII of the Revised Code and has	94431
been certified to conduct diabetes education by a national	94432
certifying body specified in rules adopted by the state board of	94433
pharmacy under section 4729.68 of the Revised Code, but only to	94434
the extent that the individual possesses insulin or personally	94435
supplies insulin solely for the purpose of diabetes education and	94436
only if diabetes education is within the individual's scope of	94437
practice under statutes and rules regulating the individual's	94438
profession.	94439

Divisions (C)(1), (2), and (3) of this section do not apply	94440
to an individual who holds a valid certificate issued by a	94441
nationally recognized S.C.U.B.A. diving certifying organization	94442
approved by the state board of pharmacy in rule, but only to the	94443
extent that the individual possesses medical oxygen or personally	94444
supplies medical oxygen for the purpose of emergency care or	94445
treatment at the scene of a diving emergency.	94446

(D) No licensed terminal distributor of dangerous drugs shall	94447
purchase for the purpose of resale dangerous drugs from any person	94448
other than a registered wholesale distributor of dangerous drugs,	94449
except as follows:	94450

(1) A licensed terminal distributor of dangerous drugs may	94451
make occasional purchases of dangerous drugs for resale from a	94452
pharmacist who is a licensed terminal distributor of dangerous	94453
drugs or who is employed by a licensed terminal distributor of	94454
dangerous drugs;	94455

(2) A licensed terminal distributor of dangerous drugs having	94456
more than one establishment or place may transfer or receive	94457
dangerous drugs from one establishment or place for which a	94458
license has been issued to the terminal distributor to another	94459
establishment or place for which a license has been issued to the	94460
terminal distributor if the license issued for each establishment	94461
or place is in effect at the time of the transfer or receipt.	94462

(E) A pharmacy that is a licensed terminal distributor of	94463
dangerous drugs may operate a remote dispensing system in an	94464
institutional facility in accordance with section 4729.542 of the	94465
Revised Code.	94466

(F) No licensed terminal distributor of dangerous drugs shall	94467
engage in the sale or other distribution of dangerous drugs at	94468
retail or maintain possession, custody, or control of dangerous	94469
drugs for any purpose other than the distributor's personal use or	94470
consumption, at any establishment or place other than that or	94471
those described in the license issued by the state board of	94472
pharmacy to such terminal distributor.	94473

~~(F)~~(G) Nothing in this section shall be construed to	94474
interfere with the performance of official duties by any law	94475
enforcement official authorized by municipal, county, state, or	94476
federal law to collect samples of any drug, regardless of its	94477
nature or in whose possession it may be.	94478

Sec. 4729.54. (A) As used in this section and section	94479
4729.541 of the Revised Code:	94480

(1) "Category I" means single-dose injections of intravenous	94481
fluids, including saline, Ringer's lactate, five per cent dextrose	94482
and distilled water, and other intravenous fluids or parenteral	94483
solutions included in this category by rule of the state board of	94484
pharmacy, that have a volume of one hundred milliliters or more	94485
and that contain no added substances, or single-dose injections of	94486
epinephrine to be administered pursuant to sections 4765.38 and	94487
4765.39 of the Revised Code.	94488

(2) "Category II" means any dangerous drug that is not	94489
included in category I or III.	94490

(3) "Category III" means any controlled substance that is	94491
contained in schedule I, II, III, IV, or V.	94492

(4) "Emergency medical service organization" has the same	94493
meaning as in section 4765.01 of the Revised Code.	94494

(5) "Person" includes an emergency medical service	94495
organization.	94496

(6) "Schedule I, schedule II, schedule III, schedule IV, and	94497
schedule V" mean controlled substance schedules I, II, III, IV,	94498
and V, respectively, as established pursuant to section 3719.41 of	94499
the Revised Code and as amended.	94500

(B)(1) A person who desires to be licensed as a terminal	94501
distributor of dangerous drugs shall file with the executive	94502
director of the state board of pharmacy a verified application.	94503
After it is filed, the application may not be withdrawn without	94504
approval of the board.	94505

(2) An application shall contain all the following that apply	94506
in the applicant's case:	94507

(a) Information that the board requires relative to the	94508
qualifications of a terminal distributor of dangerous drugs set	94509
forth in section 4729.55 of the Revised Code;	94510

(b) A statement that the person wishes to be licensed as a	94511
category I, category II, category III, limited category I, limited	94512
category II, or limited category III terminal distributor of	94513
dangerous drugs;	94514

(c) If the person wishes to be licensed as a limited category	94515
I, limited category II, or limited category III terminal	94516
distributor of dangerous drugs, a notarized list of the dangerous	94517
drugs that the person wishes to possess, have custody or control	94518
of, and distribute, which list shall also specify the purpose for	94519
which those drugs will be used and their source;	94520

(d) If the person is an emergency medical service	94521
organization, the information that is specified in division (C)(1)	94522
of this section;	94523

(e) Except for an emergency medical service organization, the	94524
identity of the one establishment or place at which the person	94525
intends to engage in the sale or other distribution of dangerous	94526
drugs at retail, and maintain possession, custody, or control of	94527
dangerous drugs for purposes other than the person's own use or	94528
consumption and any institutional facility at which the person	94529
intends to operate a remote dispensing system in accordance with	94530
section 4729.542 of the Revised Code;	94531

(f) If the application pertains to a pain management clinic,	94532
information that demonstrates, to the satisfaction of the board,	94533
compliance with division (A) of section 4729.552 of the Revised	94534
Code.	94535

(C)(1) An emergency medical service organization that wishes	94536
to be licensed as a terminal distributor of dangerous drugs shall	94537
list in its application for licensure the following additional	94538
information:	94539

(a) The units under its control that the organization	94540
determines will possess dangerous drugs for the purpose of	94541
administering emergency medical services in accordance with	94542
Chapter 4765. of the Revised Code;	94543

(b) With respect to each such unit, whether the dangerous	94544
drugs that the organization determines the unit will possess are	94545
in category I, II, or III.	94546

(2) An emergency medical service organization that is	94547
licensed as a terminal distributor of dangerous drugs shall file a	94548
new application for such licensure if there is any change in the	94549
number, or location of, any of its units or any change in the	94550
category of the dangerous drugs that any unit will possess.	94551

(3) A unit listed in an application for licensure pursuant to	94552
division (C)(1) of this section may obtain the dangerous drugs it	94553
is authorized to possess from its emergency medical service	94554
organization or, on a replacement basis, from a hospital pharmacy.	94555
If units will obtain dangerous drugs from a hospital pharmacy, the	94556
organization shall file, and maintain in current form, the	94557
following items with the pharmacist who is responsible for the	94558
hospital's terminal distributor of dangerous drugs license:	94559

(a) A copy of its standing orders or protocol;

94560

(b) A list of the personnel employed or used by the	94561
organization to provide emergency medical services in accordance	94562
with Chapter 4765. of the Revised Code, who are authorized to	94563
possess the drugs, which list also shall indicate the personnel	94564
who are authorized to administer the drugs.	94565

(D) Each emergency medical service organization that applies	94566
for a terminal distributor of dangerous drugs license shall submit	94567
with its application the following:	94568

(1) A notarized copy of its standing orders or protocol,	94569
which orders or protocol shall be signed by a physician and	94570
specify the dangerous drugs that its units may carry, expressed in	94571
standard dose units;	94572

(2) A list of the personnel employed or used by the	94573
organization to provide emergency medical services in accordance	94574
with Chapter 4765. of the Revised Code.	94575

An emergency medical service organization that is licensed as	94576
a terminal distributor shall notify the board immediately of any	94577
changes in its standing orders or protocol.	94578

(E) There shall be six categories of terminal distributor of	94579
dangerous drugs licenses, which categories shall be as follows:	94580

(1) Category I license. A person who obtains this license may	94581
possess, have custody or control of, and distribute only the	94582
dangerous drugs described in category I.	94583

(2) Limited category I license. A person who obtains this	94584
license may possess, have custody or control of, and distribute	94585
only the dangerous drugs described in category I that were listed	94586
in the application for licensure.	94587

(3) Category II license. A person who obtains this license	94588
may possess, have custody or control of, and distribute only the	94589
dangerous drugs described in category I and category II.	94590

(4) Limited category II license. A person who obtains this	94591
license may possess, have custody or control of, and distribute	94592
only the dangerous drugs described in category I or category II	94593
that were listed in the application for licensure.	94594

(5) Category III license, which may include a pain management	94595
clinic classification issued under section 4729.552 of the Revised	94596
Code. A person who obtains this license may possess, have custody	94597
or control of, and distribute the dangerous drugs described in	94598
category I, category II, and category III. If the license includes	94599
a pain management clinic classification, the person may operate a	94600
pain management clinic.	94601

(6) Limited category III license. A person who obtains this	94602
license may possess, have custody or control of, and distribute	94603
only the dangerous drugs described in category I, category II, or	94604
category III that were listed in the application for licensure.	94605

(F) Except for an application made on behalf of an animal	94606
shelter, if an applicant for licensure as a limited category I,	94607
II, or III terminal distributor of dangerous drugs intends to	94608
administer dangerous drugs to a person or animal, the applicant	94609
shall submit, with the application, a notarized copy of its	94610
protocol or standing orders, which protocol or orders shall be	94611
signed by a licensed health professional authorized to prescribe	94612
drugs, specify the dangerous drugs to be administered, and list	94613
personnel who are authorized to administer the dangerous drugs in	94614
accordance with federal law or the law of this state. An	94615
application made on behalf of an animal shelter shall include a	94616
notarized list of the dangerous drugs to be administered to	94617
animals and the personnel who are authorized to administer the	94618
drugs to animals in accordance with section 4729.532 of the	94619
Revised Code. After obtaining a terminal distributor license, a	94620
licensee shall notify the board immediately of any changes in its	94621
protocol or standing orders, or in such personnel.	94622

(G)(1) Except as provided in division (G)(2) of this section,	94623
each applicant for licensure as a terminal distributor of	94624
dangerous drugs shall submit, with the application, a license fee	94625
determined as follows:	94626

(a) For a category I or limited category I license,	94627
forty-five dollars;	94628

(b) For a category II or limited category II license, one	94629
hundred twelve dollars and fifty cents;	94630

(c) For a category III license, including a license with a	94631
pain management clinic classification issued under section	94632
4729.552 of the Revised Code, or a limited category III license,	94633
one hundred fifty dollars.	94634

(2) For a professional association, corporation, partnership,	94635
or limited liability company organized for the purpose of	94636
practicing veterinary medicine, the fee shall be forty dollars.	94637

(3) Fees assessed under divisions (G)(1) and (2) of this	94638
section shall not be returned if the applicant fails to qualify	94639
for registration.	94640

(H)(1) The board shall issue a terminal distributor of	94641
dangerous drugs license to each person who submits an application	94642
for such licensure in accordance with this section, pays the	94643
required license fee, is determined by the board to meet the	94644
requirements set forth in section 4729.55 of the Revised Code, and	94645
satisfies any other applicable requirements of this section.	94646

(2) The license of a person other than an emergency medical	94647
service organization shall describe the one establishment or place	94648
at which the licensee may engage in the sale or other distribution	94649
of dangerous drugs at retail and maintain possession, custody, or	94650
control of dangerous drugs for purposes other than the licensee's	94651
own use or consumption and any institutional facility at which the	94652
person intends to operate a remote dispensing system in accordance	94653
with section 4729.542 of the Revised Code. The one establishment	94654
or place and any institutional facility at which the person	94655
intends to operate a remote dispensing system shall be ~~that which~~	94656
isthose described in the application for licensure.	94657

No such license shall authorize or permit the terminal	94658
distributor of dangerous drugs named in it to engage in the sale	94659
or other distribution of dangerous drugs at retail or to maintain	94660
possession, custody, or control of dangerous drugs for any purpose	94661
other than the distributor's own use or consumption, at any	94662
establishment or place other than ~~that~~those described in the	94663
license, except that an agent or employee of an animal shelter may	94664
possess and use dangerous drugs in the course of business as	94665
provided in division (D) of section 4729.532 of the Revised Code.	94666

(3) The license of an emergency medical service organization	94667
shall cover and describe all the units of the organization listed	94668
in its application for licensure.	94669

(4) The license of every terminal distributor of dangerous	94670
drugs shall indicate, on its face, the category of licensure. If	94671
the license is a limited category I, II, or III license, it shall	94672
specify, and shall authorize the licensee to possess, have custody	94673
or control of, and distribute only, the dangerous drugs that were	94674
listed in the application for licensure.	94675

(I) All licenses issued pursuant to this section shall be	94676
effective for a period of twelve months from the first day of	94677
January of each year. A license shall be renewed by the board for	94678
a like period, annually, according to the provisions of this	94679
section, and the standard renewal procedure of Chapter 4745. of	94680
the Revised Code. A person who desires to renew a license shall	94681
submit an application for renewal and pay the required fee on or	94682
before the thirty-first day of December each year. The fee	94683
required for the renewal of a license shall be the same as the fee	94684
paid for the license being renewed, and shall accompany the	94685
application for renewal.	94686

A license that has not been renewed during December in any	94687
year and by the first day of February of the following year may be	94688
reinstated only upon payment of the required renewal fee and a	94689
penalty fee of fifty-five dollars.	94690

(J)(1) No emergency medical service organization that is	94691
licensed as a terminal distributor of dangerous drugs shall fail	94692
to comply with division (C)(2) or (3) of this section.	94693

(2) No emergency medical service organization that is	94694
licensed as a terminal distributor of dangerous drugs shall fail	94695
to comply with division (D) of this section.	94696

(3) No licensed terminal distributor of dangerous drugs shall	94697
possess, have custody or control of, or distribute dangerous drugs	94698
that the terminal distributor is not entitled to possess, have	94699
custody or control of, or distribute by virtue of its category of	94700
licensure.	94701

(4) No licensee that is required by division (F) of this	94702
section to notify the board of changes in its protocol or standing	94703
orders, or in personnel, shall fail to comply with that division.	94704

Sec. 4729.542. (A) As used in this section, "remote	94705
dispensing system" means a mechanical system for dispensing drugs	94706
that is installed in an institutional facility and communicates	94707
electronically with a pharmacy.	94708

(B) A pharmacy licensed under this chapter as a terminal	94709
distributor of dangerous drugs may use a remote dispensing system	94710
to assist in the distribution of dangerous drugs at an	94711
institutional facility if all of the following requirements are	94712
met:	94713

(1) The system has a documented and ongoing quality assurance	94714
program that monitors total system performance and requires one	94715
hundred per cent accuracy in drugs dispensed and their strength.	94716

(2) The system has security adequate to prevent unauthorized	94717
access to dangerous drugs.	94718

(3) Records kept by the system comply with requirements of	94719
the state board of pharmacy.	94720

(C) A pharmacist licensed under this chapter shall maintain	94721
supervision and control of a remote dispensing system but is not	94722
required to be physically present at the facility where the system	94723
is used to dispense drugs.	94724

(D) As part of the quality assurance program required by	94725
division (B)(1) of this section, the facility where the remote	94726
dispensing system is located shall complete periodic audits of	94727
controlled substances dispensed through the system.	94728

Sec. 4729.69. (A) The state board of pharmacy, in	94729
collaboration with the director of ~~alcohol and drug addiction~~	94730
~~services~~mental health and addiction services and attorney	94731
general, shall establish and administer a drug take-back program	94732
under which drugs are collected from the community for the purpose	94733
of destruction or disposal of the drugs.	94734

(B) The program shall be established and administered in such	94735
a manner that it does both of the following:	94736

(1) Complies with any state or federal laws regarding the	94737
collection, destruction, or disposal of drugs;	94738

(2) Maintains the confidentiality of individuals who submit	94739
or otherwise provide drugs under the program.	94740

(C) In consultation with the director of ~~alcohol and drug~~	94741
~~addiction services~~mental health and addiction services and	94742
attorney general, the board shall adopt rules governing the	94743
program. The rules shall be adopted in accordance with Chapter	94744
119. of the Revised Code. In adopting the rules, the board shall	94745
specify all of the following:	94746

(1) The entities that may participate;

94747

(2) Guidelines and responsibilities for accepting drugs by	94748
participating entities;	94749

(3) Drugs that may be collected;

94750

(4) Record-keeping requirements;

94751

(5) Proper methods to destroy unused drugs;

94752

(6) Privacy protocols and security standards;

94753

(7) Drug transportation procedures;

94754

(8) The schedule, duration, and frequency of the collections	94755
of drugs, except that the first collection shall occur not later	94756
than one year after ~~the effective date of this section~~May 20,	94757
2011;	94758

(9) Any other standards and procedures the board considers	94759
necessary for purposes of governing the program.	94760

(D) In accordance with state and federal law, the board may	94761
adopt rules to allow an entity participating in the program to	94762
return any unused drugs to the pharmacy that originally dispensed	94763
the drug. The rules shall include procedures to be followed to	94764
maintain the confidentiality of the person for whom the drug was	94765
dispensed.	94766

(E) Rules adopted under this section may not do any of the	94767
following:	94768

(1) Require any entity to establish, fund, or operate a drug	94769
take-back program;	94770

(2) Establish any new licensing requirement or fee to	94771
participate in the program;	94772

(3) Require any entity to compile data on drugs collected.

94773

(F) The board may compile data on the amount and type of	94774
drugs collected under the program. For purposes of this division,	94775
the board may cooperate with a public or private entity in	94776
obtaining assistance in the compilation of data. An entity	94777
providing the assistance shall not be reimbursed under the program	94778
for any costs incurred in providing the assistance.	94779

(G) If the board compiles data under division (F) of this	94780
section, the board shall submit a report to the governor and, in	94781
accordance with section 101.68 of the Revised Code, the general	94782
assembly. The report, to the extent possible, shall include the	94783
following information:	94784

(1) Total weight of drugs collected, both with and without	94785
packaging;	94786

(2) The weight of controlled substances;

94787

(3) The amount of all of the following as a per cent of total	94788
drugs collected:	94789

(a) Controlled substances;

94790

(b) Brand name drugs;

94791

94792

(d) Prescription drugs;

94793

(e) Non-prescription drugs.

94794

(4) The amount of vitamins, herbal supplements, and personal	94795
care products collected;	94796

(5) If provided by the person who submitted or otherwise	94797
donated drugs to the program, the reasons why the drugs were	94798
returned or unused.	94799

(H) No entity is required to participate in a drug take-back	94800
program established under this section, and no entity shall be	94801
subject to civil liability or professional disciplinary action for	94802
declining to participate.	94803

(I) The board may accept grants, gifts, or donations for	94804
purposes of the program. Money received under this division shall	94805
be deposited into the drug take-back program fund established	94806
under section 109.90 of the Revised Code.	94807

Sec. 4729.77. (A) If the state board of pharmacy establishes	94808
and maintains a drug database pursuant to section 4729.75 of the	94809
Revised Code, each pharmacy licensed as a terminal distributor of	94810
dangerous drugs that dispenses drugs to patients in this state and	94811
is included in the types of pharmacies specified in rules adopted	94812
under section 4729.84 of the Revised Code shall submit to the	94813
board the following prescription information:	94814

(1) Terminal distributor identification;

94815

(2) Patient identification;

94816

(3) Prescriber identification;

94817

(4) Date prescription was issued by prescriber;

94818

(5) Date drug was dispensed;

94819

(6) Indication of whether the drug dispensed is new or a	94820
refill;	94821

(7) Name, strength, and national drug code of the drug	94822
dispensed;	94823

(8) Quantity of drug dispensed;

94824

(9) Number of days' supply of drug dispensed;

94825

(10) Serial or prescription number assigned by the terminal	94826
distributor;	94827

(11) Source of payment for the drug dispensed.

94828

(B)(1) The information shall be transmitted as specified by	94829
the board in rules adopted under section 4729.84 of the Revised	94830
Code.	94831

(2) The information shall be submitted electronically in the	94832
format specified by the board, except that the board may grant a	94833
waiver allowing the distributor to submit the information in	94834
another format.	94835

(3) The information shall be submitted ~~in accordance with any~~	94836
~~time limits specified by the board~~not less than once each day	94837
that the distributor conducts business, except that the board may	94838
grant an extension if either of the following occurs:	94839

(a) The distributor suffers a mechanical or electronic	94840
failure, or cannot meet the deadline for other reasons beyond the	94841
distributor's control.	94842

(b) The board is unable to receive electronic submissions.

94843

(C) This section does not apply to a prescriber personally	94844
furnishing or administering dangerous drugs to the prescriber's	94845
patient.	94846

Sec. 4729.78. (A) If the state board of pharmacy establishes	94847
and maintains a drug database pursuant to section 4729.75 of the	94848
Revised Code, each wholesale distributor of dangerous drugs that	94849
delivers drugs in this state to prescribers or terminal	94850
distributors of dangerous drugs shall submit to the board the	94851
following purchase information:	94852

(1) Purchaser identification;

94853

(2) Identification of the drug sold;

94854

(3) Quantity of the drug sold;

94855

(4) Date of sale;

94856

(5) The wholesale distributor's license number issued by the	94857
board.	94858

(B)(1) The information shall be transmitted as specified by	94859
the board in rules adopted under section 4729.84 of the Revised	94860
Code.	94861

(2) The information shall be submitted electronically in the	94862
format specified by the board, except that the board may grant a	94863
waiver allowing the distributor to submit the information in	94864
another format.	94865

(3) The information shall be submitted ~~in accordance with any~~	94866
~~time limits specified by the board~~not less than once each day	94867
that the distributor conducts business, except that the board may	94868
grant an extension if either of the following occurs:	94869

(a) The distributor suffers a mechanical or electronic	94870
failure, or cannot meet the deadline for other reasons beyond the	94871
distributor's control.	94872

(b) The board is unable to receive electronic submissions.

94873

Sec. 4729.79. (A) If the state board of pharmacy establishes	94874
and maintains a drug database pursuant to section 4729.75 of the	94875
Revised Code, each licensed health professional authorized to	94876
prescribe drugs, except as provided in division (C) of this	94877
section, who personally furnishes to a patient a controlled	94878
substance or other dangerous drug the board includes in the	94879
database pursuant to rules adopted under section 4729.84 of the	94880
Revised Code shall submit to the board the following information:	94881

(1) Prescriber identification;

94882

(2) Patient identification;

94883

(3) Date drug was furnished by the prescriber;

94884

(4) Indication of whether the drug furnished is new or a	94885
refill;	94886

(5) Name, strength, and national drug code of drug furnished;

94887

(6) Quantity of drug furnished;

94888

(7) Number of days' supply of drug furnished;

94889

(8) Source of payment for the drug furnished;

94890

(9) Identification of the owner of the drug furnished.

94891

(B)(1) The information shall be transmitted as specified by	94892
the board in rules adopted under section 4729.84 of the Revised	94893
Code.	94894

(2) The information shall be submitted electronically in the	94895
format specified by the board, except that the board may grant a	94896
waiver allowing the prescriber to submit the information in	94897
another format.	94898

(3) The information shall be submitted ~~in accordance with any~~	94899
~~time limits specified by the board~~not less than once each day	94900
that the prescriber conducts business, except that the board may	94901
grant an extension if either of the following occurs:	94902

(a) The prescriber's transmission system suffers a mechanical	94903
or electronic failure, or the prescriber cannot meet the deadline	94904
for other reasons beyond the prescriber's control.	94905

(b) The board is unable to receive electronic submissions.

94906

(C)(1) The information required to be submitted under	94907
division (A) of this section may be submitted on behalf of the	94908
prescriber by the owner of the drug being personally furnished or	94909
by a delegate approved by that owner.	94910

(2) The requirements of this section to submit information to	94911
the board do not apply to a prescriber who is a veterinarian.	94912

(D) If the board becomes aware of a prescriber's failure to	94913
comply with this section, the board shall notify the government	94914
entity responsible for licensing the prescriber.	94915

Sec. 4729.80. (A) If the state board of pharmacy establishes	94916
and maintains a drug database pursuant to section 4729.75 of the	94917
Revised Code, the board is authorized or required to provide	94918
information from the database in accordance with the following:	94919

(1) On receipt of a request from a designated representative	94920
of a government entity responsible for the licensure, regulation,	94921
or discipline of health care professionals with authority to	94922
prescribe, administer, or dispense drugs, the board may provide to	94923
the representative information from the database relating to the	94924
professional who is the subject of an active investigation being	94925
conducted by the government entity.	94926

(2) On receipt of a request from a federal officer, or a	94927
state or local officer of this or any other state, whose duties	94928
include enforcing laws relating to drugs, the board shall provide	94929
to the officer information from the database relating to the	94930
person who is the subject of an active investigation of a drug	94931
abuse offense, as defined in section 2925.01 of the Revised Code,	94932
being conducted by the officer's employing government entity.	94933

(3) Pursuant to a subpoena issued by a grand jury, the board	94934
shall provide to the grand jury information from the database	94935
relating to the person who is the subject of an investigation	94936
being conducted by the grand jury.	94937

(4) Pursuant to a subpoena, search warrant, or court order in	94938
connection with the investigation or prosecution of a possible or	94939
alleged criminal offense, the board shall provide information from	94940
the database as necessary to comply with the subpoena, search	94941
warrant, or court order.	94942

(5) On receipt of a request from a prescriber or the	94943
prescriber's delegate approved by the board, the board may provide	94944
to the prescriber information from the database relating to a	94945
patient who is either of the following, if the prescriber	94946
certifies in a form specified by the board that it is for the	94947
purpose of providing medical treatment to the patient who is the	94948
subject of the request;	94949

(a) A current patient of the prescriber;

94950

(b) A potential patient of the prescriber based on a referral	94951
of the patient to the prescriber.	94952

(6) On receipt of a request from a pharmacist or the	94953
pharmacist's delegate approved by the board, the board may provide	94954
to the pharmacist information from the database relating to a	94955
current patient of the pharmacist, if the pharmacist certifies in	94956
a form specified by the board that it is for the purpose of the	94957
pharmacist's practice of pharmacy involving the patient who is the	94958
subject of the request.	94959

(7) On receipt of a request from an individual seeking the	94960
individual's own database information in accordance with the	94961
procedure established in rules adopted under section 4729.84 of	94962
the Revised Code, the board may provide to the individual the	94963
individual's own database information.	94964

(8) On receipt of a request from the medical director of a	94965
managed care organization that has entered into a data security	94966
agreement with the board required by section ~~5111.1710~~5167.14 of	94967
the Revised Code, the board ~~may~~shall provide to the medical	94968
director information from the database relating to a medicaid	94969
recipient enrolled in the managed care organization, including	94970
information in the database related to prescriptions for the	94971
recipient that were not covered or reimbursed under a program	94972
administered by the department of medicaid.	94973

(9) On receipt of a request from the medicaid director ~~of job~~	94974
~~and family services~~, the board ~~may~~shall provide to the director	94975
information from the database relating to a recipient of a program	94976
administered by the department of ~~job and family services~~	94977
medicaid, including information in the database related to	94978
prescriptions for the recipient that were not covered or paid by a	94979
program administered by the department.	94980

(10) On receipt of a request from the administrator of	94981
workers' compensation, the board may provide to the administrator	94982
information from the database relating to a claimant under Chapter	94983
4121., 4123., 4127., or 4131. of the Revised Code.	94984

(11) On receipt of a request from a requestor described in	94985
division (A)(1), (2), (5), or (6) of this section who is from or	94986
participating with another state's prescription monitoring	94987
program, the board may provide to the requestor information from	94988
the database, but only if there is a written agreement under which	94989
the information is to be used and disseminated according to the	94990
laws of this state.	94991

(B) The state board of pharmacy shall maintain a record of	94992
each individual or entity that requests information from the	94993
database pursuant to this section. In accordance with rules	94994
adopted under section 4729.84 of the Revised Code, the board may	94995
use the records to document and report statistics and law	94996
enforcement outcomes.	94997

The board may provide records of an individual's requests for	94998
database information to the following:	94999

(1) A designated representative of a government entity that	95000
is responsible for the licensure, regulation, or discipline of	95001
health care professionals with authority to prescribe, administer,	95002
or dispense drugs who is involved in an active investigation being	95003
conducted by the government entity of the individual who submitted	95004
the requests for database information;	95005

(2) A federal officer, or a state or local officer of this or	95006
any other state, whose duties include enforcing laws relating to	95007
drugs and who is involved in an active investigation being	95008
conducted by the officer's employing government entity of the	95009
individual who submitted the requests for database information.	95010

(C) Information contained in the database and any information	95011
obtained from it is not a public record. Information contained in	95012
the records of requests for information from the database is not a	95013
public record. Information that does not identify a person may be	95014
released in summary, statistical, or aggregate form.	95015

(D) A pharmacist or prescriber shall not be held liable in	95016
damages to any person in any civil action for injury, death, or	95017
loss to person or property on the basis that the pharmacist or	95018
prescriber did or did not seek or obtain information from the	95019
database.	95020

Sec. 4729.81. If the state board of pharmacy establishes and	95021
maintains a drug database pursuant to section 4729.75 of the	95022
Revised Code, the board shall review the information in the drug	95023
database. If the board determines from the review that a violation	95024
of law may have occurred, it shall notify the appropriate law	95025
enforcement agency or a government entity responsible for the	95026
licensure, regulation, or discipline of licensed health	95027
professionals authorized to prescribe drugs and supply information	95028
required by the agency or entity for an investigation of the	95029
violation of law that may have occurred. The board also shall	95030
notify the medicaid director if the board determines that the	95031
violation may have been committed by a provider of services under	95032
a program administered by the department of medicaid.	95033

Sec. 4729.99. (A) Whoever violates section 4729.16, division	95034
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	95035
Code is guilty of a minor misdemeanor. Each day's violation	95036
constitutes a separate offense.	95037

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	95038
the Revised Code is guilty of a misdemeanor of the third degree.	95039
Each day's violation constitutes a separate offense. If the	95040
offender previously has been convicted of or pleaded guilty to a	95041
violation of this chapter, that person is guilty of a misdemeanor	95042
of the second degree.	95043

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	95044
the Revised Code is guilty of a misdemeanor.	95045

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	95046
section 4729.51 of the Revised Code is guilty of a misdemeanor of	95047
the first degree.	95048

(E)(1) Whoever violates section 4729.37, division (C)(2) of	95049
section 4729.51, division (J) of section 4729.54, or section	95050
4729.61 of the Revised Code is guilty of a felony of the fifth	95051
degree. If the offender previously has been convicted of or	95052
pleaded guilty to a violation of this chapter or a violation of	95053
Chapter 2925. or 3719. of the Revised Code, that person is guilty	95054
of a felony of the fourth degree.	95055

(2) If an offender is convicted of or pleads guilty to a	95056
violation of section 4729.37, division (C) of section 4729.51,	95057
division (J) of section 4729.54, or section 4729.61 of the Revised	95058
Code, if the violation involves the sale, offer to sell, or	95059
possession of a schedule I or II controlled substance, with the	95060
exception of marihuana, and if the court imposing sentence upon	95061
the offender finds that the offender as a result of the violation	95062
is a major drug offender, as defined in section 2929.01 of the	95063
Revised Code, and is guilty of a specification of the type	95064
described in section 2941.1410 of the Revised Code, the court, in	95065
lieu of the prison term authorized or required by division (E)(1)	95066
of this section and sections 2929.13 and 2929.14 of the Revised	95067
Code and in addition to any other sanction imposed for the offense	95068
under sections 2929.11 to 2929.18 of the Revised Code, shall	95069
impose upon the offender, in accordance with division (B)(3) of	95070
section 2929.14 of the Revised Code, the mandatory prison term	95071
specified in that division.	95072

(3) Notwithstanding any contrary provision of section 3719.21	95073
of the Revised Code, the clerk of court shall pay any fine imposed	95074
for a violation of section 4729.37, division (C) of section	95075
4729.51, division (J) of section 4729.54, or section 4729.61 of	95076
the Revised Code pursuant to division (A) of section 2929.18 of	95077
the Revised Code in accordance with and subject to the	95078
requirements of division (F) of section 2925.03 of the Revised	95079
Code. The agency that receives the fine shall use the fine as	95080
specified in division (F) of section 2925.03 of the Revised Code.	95081

(F) Whoever violates section 4729.531 of the Revised Code or	95082
any rule adopted thereunder or section 4729.532 of the Revised	95083
Code is guilty of a misdemeanor of the first degree.	95084

(G) Whoever violates division (C)(1) of section 4729.51 of	95085
the Revised Code is guilty of a felony of the fourth degree. If	95086
the offender has previously been convicted of or pleaded guilty to	95087
a violation of this chapter, or of a violation of Chapter 2925. or	95088
3719. of the Revised Code, that person is guilty of a felony of	95089
the third degree.	95090

(H) Whoever violates division (C)(3) of section 4729.51 of	95091
the Revised Code is guilty of a misdemeanor of the first degree.	95092
If the offender has previously been convicted of or pleaded guilty	95093
to a violation of this chapter, or of a violation of Chapter 2925.	95094
or 3719. of the Revised Code, that person is guilty of a felony of	95095
the fifth degree.	95096

(I)(1) Whoever violates division (B) of section 4729.42 of	95097
the Revised Code is guilty of unauthorized pharmacy-related drug	95098
conduct. Except as otherwise provided in this section,	95099
unauthorized pharmacy-related drug conduct is a misdemeanor of the	95100
second degree. If the offender previously has been convicted of or	95101
pleaded guilty to a violation of division (B), (C), (D), or (E) of	95102
that section, unauthorized pharmacy-related drug conduct is a	95103
misdemeanor of the first degree on a second offense and a felony	95104
of the fifth degree on a third or subsequent offense.	95105

(2) Whoever violates division (C) or (D) of section 4729.42	95106
of the Revised Code is guilty of permitting unauthorized	95107
pharmacy-related drug conduct. Except as otherwise provided in	95108
this section, permitting unauthorized pharmacy-related drug	95109
conduct is a misdemeanor of the second degree. If the offender	95110
previously has been convicted of or pleaded guilty to a violation	95111
of division (B), (C), (D), or (E) of that section, permitting	95112
unauthorized pharmacy-related drug conduct is a misdemeanor of the	95113
first degree on a second offense and a felony of the fifth degree	95114
on a third or subsequent offense.	95115

(3) Whoever violates division (E) of section 4729.42 of the	95116
Revised Code is guilty of the offense of falsification under	95117
section 2921.13 of the Revised Code. In addition to any other	95118
sanction imposed for the violation, the offender is forever	95119
disqualified from engaging in any activity specified in division	95120
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	95121
from performing any function as a health care professional or	95122
health care worker. As used in this division, "health care	95123
professional" and "health care worker" have the same meanings as	95124
in section 2305.234 of the Revised Code.	95125

(4) Notwithstanding any contrary provision of section 3719.21	95126
of the Revised Code or any other provision of law that governs the	95127
distribution of fines, the clerk of the court shall pay any fine	95128
imposed pursuant to division (I)(1), (2), or (3) of this section	95129
to the state board of pharmacy if the board has adopted a written	95130
internal control policy under division (F)(2) of section 2925.03	95131
of the Revised Code that addresses fine moneys that it receives	95132
under Chapter 2925. of the Revised Code and if the policy also	95133
addresses fine moneys paid under this division. The state board of	95134
pharmacy shall use the fines so paid in accordance with the	95135
written internal control policy to subsidize the board's law	95136
enforcement efforts that pertain to drug offenses.	95137

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	95138
the Revised Code is guilty of a misdemeanor of the third degree.	95139
If the offender has previously been convicted of or pleaded guilty	95140
to a violation of division (A)(1), (2), or (3) of section 4729.86	95141
of the Revised Code, that person is guilty of a misdemeanor of the	95142
first degree.	95143

(2) Whoever violates division (A)(2) of section 4729.86 of	95144
the Revised Code is guilty of a misdemeanor of the first degree.	95145
If the offender has previously been convicted of or pleaded guilty	95146
to a violation of division (A)(1), (2), or (3) of section 4729.86	95147
of the Revised Code, that person is guilty of a felony of the	95148
fifth degree.	95149

(3) Whoever violates division (A)(3) of section 4729.86 of	95150
the Revised Code is guilty of a felony of the fifth degree. If the	95151
offender has previously been convicted of or pleaded guilty to a	95152
violation of division (A)(1), (2), or (3) of section 4729.86 of	95153
the Revised Code, that person is guilty of a felony of the fourth	95154
degree.	95155

(K) A person who violates division (C) of section 4729.552 of	95156
the Revised Code is guilty of a misdemeanor of the first degree.	95157
If the person previously has been convicted of or pleaded guilty	95158
to a violation of division (C) of section 4729.552 of the Revised	95159
Code, that person is guilty of a felony of the fifth degree.	95160

Sec. 4730.411. (A) Except as provided in division (B) or (C)	95161
of this section, a physician assistant may prescribe to a patient	95162
a schedule II controlled substance only if all of the following	95163
are the case:	95164

(1) The patient is in a terminal condition, as defined in	95165
section 2133.01 of the Revised Code.	95166

(2) The physician assistant's supervising physician initially	95167
prescribed the substance for the patient.	95168

(3) The prescription is for an amount that does not exceed	95169
the amount necessary for the patient's use in a single,	95170
twenty-four-hour period.	95171

(B) The restrictions on prescriptive authority in division	95172
(A) of this section do not apply if a physician assistant issues	95173
the prescription to the patient from any of the following	95174
locations:	95175

(1) A hospital registered under section 3701.07 of the	95176
Revised Code;	95177

(2) An entity owned or controlled, in whole or in part, by a	95178
hospital or by an entity that owns or controls, in whole or in	95179
part, one or more hospitals;	95180

(3) A health care facility operated by the department of	95181
~~mental health~~mental health and addiction services or the	95182
department of developmental disabilities;	95183

(4) A nursing home licensed under section 3721.02 of the	95184
Revised Code or by a political subdivision certified under section	95185
3721.09 of the Revised Code;	95186

(5) A county home or district home operated under Chapter	95187
5155. of the Revised Code that is certified under the medicare or	95188
medicaid program;	95189

(6) A hospice care program, as defined in section 3712.01 of	95190
the Revised Code;	95191

(7) A community mental health ~~agency~~services provider, as	95192
defined in section 5122.01 of the Revised Code;	95193

(8) An ambulatory surgical facility, as defined in section	95194
3702.30 of the Revised Code;	95195

(9) A freestanding birthing center, as defined in section	95196
~~3702.51~~3702.141 of the Revised Code;	95197

(10) A federally qualified health center, as defined in	95198
section 3701.047 of the Revised Code;	95199

(11) A federally qualified health center look-alike, as	95200
defined in section 3701.047 of the Revised Code;	95201

(12) A health care office or facility operated by the board	95202
of health of a city or general health district or the authority	95203
having the duties of a board of health under section 3709.05 of	95204
the Revised Code;	95205

(13) A site where a medical practice is operated, but only if	95206
the practice is comprised of one or more physicians who also are	95207
owners of the practice; the practice is organized to provide	95208
direct patient care; and the physician assistant has entered into	95209
a supervisory agreement with at least one of the physician owners	95210
who practices primarily at that site.	95211

(C) A physician assistant shall not issue to a patient a	95212
prescription for a schedule II controlled substance from a	95213
convenience care clinic even if the convenience care clinic is	95214
owned or operated by an entity specified in division (B) of this	95215
section.	95216

(D) A pharmacist who acts in good faith reliance on a	95217
prescription issued by a physician assistant under division (B) of	95218
this section is not liable for or subject to any of the following	95219
for relying on the prescription: damages in any civil action,	95220
prosecution in any criminal proceeding, or professional	95221
disciplinary action by the state board of pharmacy under Chapter	95222
4729. of the Revised Code.	95223

Sec. 4731.05. (A) The state medical board shall adopt rules	95224
in accordance with Chapter 119. of the Revised Code to carry out	95225
the purposes of this chapter. All adjudicative proceedings of the	95226
state medical board shall be conducted in accordance with Chapter	95227
119. of the Revised Code.	95228

(B) The state medical board shall appoint an executive	95229
director who shall be in the unclassified service of the state.	95230
The board may appoint other employees of the board as are	95231
necessary and shall prescribe their titles and duties.	95232

(C) The state medical board shall develop requirements for	95233
and provide appropriate initial and continuing training for	95234
investigators employed by the board to carry out its duties under	95235
Chapter 4731. of the Revised Code. The training and continuing	95236
education may include enrollment in courses operated or approved	95237
by the Ohio peace officer training commission that the board	95238
considers appropriate under conditions set forth in section 109.79	95239
of the Revised Code.	95240

(D)(1) The state medical board shall adopt internal	95241
management rules pursuant to section 111.15 of the Revised Code.	95242
The rules shall set forth criteria for assessing the board's	95243
accomplishments, activities, and performance data, including	95244
metrics detailing the board's revenues and reimbursements; budget	95245
distribution; investigation and licensing activity, including	95246
processing time frames; and enforcement data, including processing	95247
time frames. The board shall include the assessment in the annual	95248
report required by section 149.01 of the Revised Code.	95249

(2) The state medical board shall cause the internal	95250
management rules and annual report described in division (D)(1) of	95251
this section to be publicly accessible on the state medical	95252
board's web site.	95253

Sec. 4731.151. (A) Naprapaths who received a certificate to	95254
practice from the board prior to March 2, 1992, may continue to	95255
practice naprapathy, as defined in rules adopted by the board.	95256
Such naprapaths shall practice in accordance with rules adopted by	95257
the board.	95258

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

95259

(a) "Mechanotherapy" means all of the following:

95260

(i) Examining patients by verbal inquiry;

95261

(ii) Examination of the musculoskeletal system by hand;

95262

(iii) Visual inspection and observation;

95263

(iv) Diagnosing a patient's condition only as to whether the	95264
patient has a disorder of the musculoskeletal system;	95265

(v) In the treatment of patients, employing the techniques of	95266
advised or supervised exercise; electrical neuromuscular	95267
stimulation; massage or manipulation; or air, water, heat, cold,	95268
sound, or infrared ray therapy only to those disorders of the	95269
musculoskeletal system that are amenable to treatment by such	95270
techniques and that are identifiable by examination performed in	95271
accordance with division (B)(1)(a)(i) of this section and	95272
diagnosable in accordance with division (B)(1)(a)(ii) of this	95273
section.	95274

(b) "Educational requirements" means the completion of a	95275
course of study appropriate for certification to practice	95276
mechanotherapy on or before November 3, 1985, as determined by	95277
rules adopted under this chapter.	95278

(2) Mechanotherapists who received a certificate to practice	95279
from the board prior to March 2, 1992, may continue to practice	95280
mechanotherapy, as defined in rules adopted by the board. Such	95281
mechanotherapists shall practice in accordance with rules adopted	95282
by the board.	95283

A person authorized by this division to practice as a	95284
mechanotherapist may examine, diagnose, and assume responsibility	95285
for the care of patients with due regard for first aid and the	95286
hygienic and nutritional care of the patients. Roentgen rays shall	95287
be used by a mechanotherapist only for diagnostic purposes.	95288

(3) A person who holds a certificate to practice	95289
mechanotherapy and completed educational requirements in	95290
mechanotherapy on or before November 3, 1985, is entitled to use	95291
the title "doctor of mechanotherapy" and is a "physician" who	95292
performs "medical services" for the purposes of Chapters 4121. and	95293
4123. of the Revised Code and the medicaid program ~~established~~	95294
~~under section 5111.01 of the Revised Code~~, and shall receive	95295
payment or reimbursement as provided under those chapters and that	95296
~~section~~program.	95297

Sec. 4731.23. (A)(1)(a) The state medical board shall	95298
designate one or more attorneys at law who have been admitted to	95299
the practice of law, and who are classified as either	95300
administrative law attorney examiners or as administrative law	95301
attorney examiner administrators under the state job	95302
classification plan adopted under section 124.14 of the Revised	95303
Code, as hearing examiners, subject to Chapter 119. of the Revised	95304
Code, to conduct any hearing which the medical board is empowered	95305
to hold or undertake pursuant to Chapter 119. of the Revised Code.	95306

(b) Notwithstanding the requirement of division (A)(1)(a) of	95307
this section that the board designate as a hearing examiner an	95308
attorney who is classified as either an administrative law	95309
attorney examiner or an administrative law attorney examiner	95310
administrator, the board may, subject to ~~controlling board~~	95311
~~approval~~section 127.16 of the Revised Code, enter into a personal	95312
service contract with an attorney admitted to the practice of law	95313
in this state to serve on a temporary basis as a hearing examiner.	95314

(2) The hearing examiner shall hear and consider the oral and	95315
documented evidence introduced by the parties and issue in writing	95316
proposed findings of fact and conclusions of law to the board for	95317
their consideration within thirty days following the close of the	95318
hearing.	95319

(B) The board shall be given copies of the transcript of the	95320
record hearing and all exhibits and documents presented by the	95321
parties at the hearing.	95322

(C) The board shall, upon the favorable vote of three	95323
members, allow the parties or their counsel the opportunity to	95324
present oral arguments on the proposed findings of fact and	95325
conclusions of law of the hearing examiner prior to the board's	95326
final action.	95327

(D) The board shall render a decision and take action within	95328
sixty days following the receipt of the hearing examiner's	95329
proposed findings of fact and conclusions of law or within any	95330
longer period mutually agreed upon by the board and the	95331
certificate holder.	95332

(E) The final decision of the board in any hearing which the	95333
board is empowered to undertake shall be in writing and contain	95334
findings of fact and conclusions of law. Copies of the decision	95335
shall be delivered to the parties personally or by certified mail.	95336
The decision shall be final upon delivery or mailing, except that	95337
the certificate holder may appeal in the manner provided by	95338
Chapter 119. of the Revised Code.	95339

Sec. 4731.299. (A) The state medical board may issue,	95340
without examination, to an applicant who meets all of the	95341
requirements of this section an expedited certificate to practice	95342
medicine and surgery or osteopathic medicine and surgery by	95343
endorsement.	95344

(B) An individual who seeks an expedited certificate to	95345
practice medicine and surgery or osteopathic medicine and surgery	95346
by endorsement shall file with the board a written application on	95347
a form prescribed and supplied by the board. The application shall	95348
include all of the information the board considers necessary to	95349
process it.	95350

(C) To be eligible to receive an expedited certificate by	95351
endorsement, an applicant shall do both of the following:	95352

(1) Provide evidence satisfactory to the board that the	95353
applicant meets all of the following requirements:	95354

(a) Has passed one of the following:

95355

(i) Steps one, two, and three of the United States medical	95356
licensing examination;	95357

(ii) Levels one, two, and three of the comprehensive	95358
osteopathic medical licensing examination of the United States;	95359

(iii) Any other medical licensing examination recognized by	95360
the board.	95361

(b) For at least five years immediately preceding the date of	95362
application, has held a current, unrestricted license to practice	95363
medicine and surgery or osteopathic medicine and surgery issued by	95364
the licensing authority of another state or a Canadian province;	95365

(c) For at least two years immediately preceding the date of	95366
application, has actively practiced medicine and surgery or	95367
osteopathic medicine and surgery in a clinical setting.	95368

(2) Certify to the board that all of the following are the	95369
case:	95370

(a) Not more than two malpractice claims have been filed	95371
against the applicant within a period of ten years and no	95372
malpractice claim against the applicant has resulted in total	95373
payment of more than five hundred thousand dollars.	95374

(b) The applicant does not have a criminal record according	95375
to the criminal records check required by section 4731.081 of the	95376
Revised Code.	95377

(c) The applicant does not have a medical condition that	95378
could affect the applicant's ability to practice according to	95379
acceptable and prevailing standards of care.	95380

(d) No adverse action has been taken against the applicant by	95381
a health care institution.	95382

(e) To the applicant's knowledge, no federal agency, medical	95383
society, medical association, or branch of the United States	95384
military has investigated or taken action against the applicant.	95385

(f) No professional licensing or regulatory authority has	95386
filed a complaint against, investigated, or taken action against	95387
the applicant and the applicant has not withdrawn a professional	95388
license application.	95389

(g) The applicant has not been suspended or expelled from any	95390
institution of higher education or school, including a medical	95391
school.	95392

(D) An applicant for an expedited certificate by endorsement	95393
shall comply with section 4731.081 of the Revised Code.	95394

(E) At the time of application, the applicant shall pay to	95395
the board a fee of one thousand dollars, no part of which shall be	95396
returned. No application shall be considered filed until the board	95397
receives the fee.	95398

(F) The board shall review all applications received under	95399
this section. If the board determines that an applicant meets the	95400
requirements for an expedited certificate to practice medicine and	95401
surgery or osteopathic medicine and surgery by endorsement, the	95402
board shall issue the certificate to the applicant. Each	95403
certificate issued by the board under this section shall be signed	95404
by the president and secretary of the board and attested by its	95405
seal.	95406

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	95407
Revised Code:	95408

(A)(1) "Clinical laboratory services" means either of the	95409
following:	95410

(a) Any examination of materials derived from the human body	95411
for the purpose of providing information for the diagnosis,	95412
prevention, or treatment of any disease or impairment or for the	95413
assessment of health;	95414

(b) Procedures to determine, measure, or otherwise describe	95415
the presence or absence of various substances or organisms in the	95416
body.	95417

(2) "Clinical laboratory services" does not include the mere	95418
collection or preparation of specimens.	95419

(B) "Designated health services" means any of the following:

95420

(1) Clinical laboratory services;

95421

(2) Home health care services;

95422

(3) Outpatient prescription drugs.

95423

(C) "Fair market value" means the value in arms-length	95424
transactions, consistent with general market value and:	95425

(1) With respect to rentals or leases, the value of rental	95426
property for general commercial purposes, not taking into account	95427
its intended use;	95428

(2) With respect to a lease of space, not adjusted to reflect	95429
the additional value the prospective lessee or lessor would	95430
attribute to the proximity or convenience to the lessor if the	95431
lessor is a potential source of referrals to the lessee.	95432

(D) "Governmental health care program" means any program	95433
providing health care benefits that is administered by the federal	95434
government, this state, or a political subdivision of this state,	95435
including the medicare program ~~established under Title XVIII of~~	95436
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	95437
~~as amended~~, health care coverage for public employees, health care	95438
benefits administered by the bureau of workers' compensation, and	95439
the medicaid program ~~established under Chapter 5111. of the~~	95440
~~Revised Code~~.	95441

(E)(1) "Group practice" means a group of two or more holders	95442
of certificates under this chapter legally organized as a	95443
partnership, professional corporation or association, limited	95444
liability company, foundation, nonprofit corporation, faculty	95445
practice plan, or similar group practice entity, including an	95446
organization comprised of a nonprofit medical clinic that	95447
contracts with a professional corporation or association of	95448
physicians to provide medical services exclusively to patients of	95449
the clinic in order to comply with section 1701.03 of the Revised	95450
Code and including a corporation, limited liability company,	95451
partnership, or professional association described in division (B)	95452
of section 4731.226 of the Revised Code formed for the purpose of	95453
providing a combination of the professional services of	95454
optometrists who are licensed, certificated, or otherwise legally	95455
authorized to practice optometry under Chapter 4725. of the	95456
Revised Code, chiropractors who are licensed, certificated, or	95457
otherwise legally authorized to practice chiropractic or	95458
acupuncture under Chapter 4734. of the Revised Code, psychologists	95459
who are licensed, certificated, or otherwise legally authorized to	95460
practice psychology under Chapter 4732. of the Revised Code,	95461
registered or licensed practical nurses who are licensed,	95462
certificated, or otherwise legally authorized to practice nursing	95463
under Chapter 4723. of the Revised Code, pharmacists who are	95464
licensed, certificated, or otherwise legally authorized to	95465
practice pharmacy under Chapter 4729. of the Revised Code,	95466
physical therapists who are licensed, certificated, or otherwise	95467
legally authorized to practice physical therapy under sections	95468
4755.40 to 4755.56 of the Revised Code, occupational therapists	95469
who are licensed, certificated, or otherwise legally authorized to	95470
practice occupational therapy under sections 4755.04 to 4755.13 of	95471
the Revised Code, mechanotherapists who are licensed,	95472
certificated, or otherwise legally authorized to practice	95473
mechanotherapy under section 4731.151 of the Revised Code, and	95474
doctors of medicine and surgery, osteopathic medicine and surgery,	95475
or podiatric medicine and surgery who are licensed, certificated,	95476
or otherwise legally authorized for their respective practices	95477
under this chapter, to which all of the following apply:	95478

(a) Each physician who is a member of the group practice	95479
provides substantially the full range of services that the	95480
physician routinely provides, including medical care,	95481
consultation, diagnosis, or treatment, through the joint use of	95482
shared office space, facilities, equipment, and personnel.	95483

(b) Substantially all of the services of the members of the	95484
group are provided through the group and are billed in the name of	95485
the group and amounts so received are treated as receipts of the	95486
group.	95487

(c) The overhead expenses of and the income from the practice	95488
are distributed in accordance with methods previously determined	95489
by members of the group.	95490

(d) The group practice meets any other requirements that the	95491
state medical board applies in rules adopted under section 4731.70	95492
of the Revised Code.	95493

(2) In the case of a faculty practice plan associated with a	95494
hospital with a medical residency training program in which	95495
physician members may provide a variety of specialty services and	95496
provide professional services both within and outside the group,	95497
as well as perform other tasks such as research, the criteria in	95498
division (E)(1) of this section apply only with respect to	95499
services rendered within the faculty practice plan.	95500

(F) "Home health care services" and "immediate family" have	95501
the same meanings as in the rules adopted under section 4731.70 of	95502
the Revised Code.	95503

(G) "Hospital" has the same meaning as in section 3727.01 of	95504
the Revised Code.	95505

(H) A "referral" includes both of the following:

95506

(1) A request by a holder of a certificate under this chapter	95507
for an item or service, including a request for a consultation	95508
with another physician and any test or procedure ordered by or to	95509
be performed by or under the supervision of the other physician;	95510

(2) A request for or establishment of a plan of care by a	95511
certificate holder that includes the provision of designated	95512
health services.	95513

(I) "Third-party payer" has the same meaning as in section	95514
3901.38 of the Revised Code.	95515

Sec. 4731.71. The auditor of state may implement procedures	95516
to detect violations of section 4731.66 or 4731.69 of the Revised	95517
Code within governmental health care programs administered by the	95518
state. The auditor of state shall report any violation of either	95519
section to the state medical board and shall certify to the	95520
attorney general in accordance with section 131.02 of the Revised	95521
Code the amount of any refund owed to a state-administered	95522
governmental health care program under section 4731.69 of the	95523
Revised Code as a result of a violation. If a refund is owed to	95524
the medicaid program ~~established under Chapter 5111. of the~~	95525
~~Revised Code~~, the auditor of state also shall report the amount to	95526
the department of ~~job and family services~~medicaid.	95527

The state medical board also may implement procedures to	95528
detect violations of section 4731.66 or 4731.69 of the Revised	95529
Code.	95530

Sec. 4732.06. The principal office of the state board of	95531
psychology shall be in Columbus, but it may meet or conduct	95532
business at any place in this state. The board may empower any one	95533
or more of its members to conduct any proceeding, hearing, or	95534
investigation necessary to its purposes, including the	95535
administration and enforcement of Chapter 4783. of the Revised	95536
Code. The board shall meet at least twice annually and at such	95537
other times as it determines. Special meetings may be called by	95538
the president and shall be called by the secretary upon the	95539
written request of two members.	95540

The board shall make such rules as are necessary to conduct	95541
its business.	95542

The board may employ such assistants and clerical help as are	95543
necessary to administer and enforce this chapter and Chapter 4783.	95544
of the Revised Code.	95545

Sec. 4732.07. The state board of psychology shall keep a	95546
record of its proceedings and a register of applicants for	95547
licenses under this chapter and applicants for certificates under	95548
Chapter 4783. of the Revised Code. The books and records of the	95549
board shall be prima-facie evidence of the matters therein	95550
contained. ~~Such records~~The records regarding licensure	95551
applications shall include applicants' written examination papers.	95552

Sec. 4732.08. All receipts of the state board of psychology	95553
from any source, including moneys collected under Chapter 4783. of	95554
the Revised Code, shall be deposited in the state treasury to the	95555
credit of the occupational licensing and regulatory fund."	95556

Sec. 4734.41. (A) As used in this section:

95557

(1) "Chemical dependency" means either of the following:

95558

(a) The chronic and habitual use of alcoholic beverages to	95559
the extent that the user no longer can control the use of alcohol	95560
or endangers the user's health, safety, or welfare or that of	95561
others;	95562

(b) The use of a controlled substance as defined in section	95563
3719.01 of the Revised Code, a harmful intoxicant as defined in	95564
section 2925.01 of the Revised Code, or a dangerous drug as	95565
defined in section 4729.01 of the Revised Code, to the extent that	95566
the user becomes physically or psychologically dependent on the	95567
substance, intoxicant, or drug or endangers the user's health,	95568
safety, or welfare or that of others.	95569

(2) "Mental illness" means a recognized psychiatric or	95570
psychological condition, disorder, or syndrome that has been	95571
diagnosed by a psychiatrist, psychologist, professional clinical	95572
counselor, or independent social worker as a condition, disorder,	95573
or syndrome that may pose a danger to the person diagnosed or	95574
others or may prevent the person from practicing the person's	95575
profession according to acceptable and prevailing standards of	95576
care.	95577

(B) The state chiropractic board shall establish a chemical	95578
dependency and mental illness monitoring program. The program	95579
shall be made available to any individual under the board's	95580
jurisdiction who has a chemical dependency or mental illness and	95581
meets the board's eligibility requirements for admission to and	95582
continued participation in the program. The board shall develop	95583
the program and may designate a coordinator to administer it or	95584
enter into a contract for the program to be administered by	95585
another entity through a coordinator. The board shall adopt rules	95586
in accordance with Chapter 119. of the Revised Code that establish	95587
standards and procedure for operating the program.	95588

(C) Except as provided in division (D) of this section, all	95589
records of an individual's participation in the monitoring	95590
program, including medical records, chemical dependency records,	95591
and mental health records, shall be confidential, are not public	95592
records for the purposes of section 149.43 of the Revised Code,	95593
and are not subject to discovery by subpoena or ~~admissble~~	95594
admissible as evidence in any judicial proceeding. The program	95595
coordinator shall maintain all records as directed by the board.	95596

(D) The monitoring program's coordinator may disclose records	95597
or information regarding an individual's progress and status of	95598
participation in the program to the disciplinary section of the	95599
board and to any person or government entity that the program	95600
participant authorizes in writing to be given the records or	95601
information.	95602

In disclosing records or information under this division, the	95603
coordinator shall not include any record or information that is	95604
protected under section ~~3793.13~~5119.27 of the Revised Code or any	95605
federal statute or regulation that provides for the	95606
confidentiality of mental health or substance abuse records.	95607

(E) In the absence of fraud or bad faith, the monitoring	95608
program's coordinator, the board and the board's employees and	95609
representatives are not liable for damages in any civil action as	95610
a result of disclosing records or information in accordance with	95611
division (D) of this section. In the absence of fraud or bad	95612
faith, any person reporting to the program an individual's	95613
chemical dependency or mental illness, or the progress or lack of	95614
progress of that individual with regard to treatment, is not	95615
liable for damages in any civil action as a result of the report.	95616

(F) The board may abstain from taking formal disciplinary	95617
action under section 4734.31 of the Revised Code against an	95618
individual because of the individual's chemical dependency or	95619
mental illness, if the individual meets the eligibility	95620
requirements for admission into the monitoring program and all of	95621
the following occur:	95622

(1) The individual enters into a monitoring agreement with	95623
the coordinator of the program;	95624

(2) The individual complies with the terms and conditions for	95625
continued participation in the program, as specified in the	95626
monitoring agreement;	95627

(3) The individual successfully completes the terms and	95628
conditions of the monitoring agreement, including the condition	95629
that the individual attain the ability to practice in accordance	95630
with acceptable and prevailing standards of care applicable to the	95631
practice of chiropractic.	95632

Sec. 4735.07. (A) The superintendent of real estate, with	95633
the consent of the Ohio real estate commission, may enter into	95634
agreements with recognized national testing services to administer	95635
the real estate broker's examination under the superintendent's	95636
supervision and control, consistent with the requirements of this	95637
chapter as to the contents of such examination.	95638

(B) No applicant for a real estate broker's license shall	95639
take the broker's examination who has not established to the	95640
satisfaction of the superintendent that the applicant:	95641

(1) Is honest, truthful, and of good reputation;

95642

(2)(a) Has not been convicted of a felony or crime of moral	95643
turpitude, or if the applicant has been so convicted, the	95644
superintendent has disregarded the conviction because the	95645
applicant has proven to the superintendent, by a preponderance of	95646
the evidence, that the applicant's activities and employment	95647
record since the conviction show that the applicant is honest,	95648
truthful, and of good reputation, and there is no basis in fact	95649
for believing that the applicant again will violate the laws	95650
involved;	95651

(b) Has not been finally adjudged by a court to have violated	95652
any municipal, state, or federal civil rights laws relevant to the	95653
protection of purchasers or sellers of real estate or, if the	95654
applicant has been so adjudged, at least two years have passed	95655
since the court decision and the superintendent has disregarded	95656
the adjudication because the applicant has proven, by a	95657
preponderance of the evidence, that the applicant's activities and	95658
employment record since the adjudication show that the applicant	95659
is honest, truthful, and of good reputation, and there is no basis	95660
in fact for believing that the applicant will again violate the	95661
laws involved.	95662

(3) Has not, during any period in which the applicant was	95663
licensed under this chapter, violated any provision of, or any	95664
rule adopted pursuant to, this chapter, or, if the applicant has	95665
violated any such provision or rule, has established to the	95666
satisfaction of the superintendent that the applicant will not	95667
again violate such provision or rule;	95668

(4) Is at least eighteen years of age;

95669

(5) Has been a licensed real estate broker or salesperson for	95670
at least two years; during at least two of the five years	95671
preceding the person's application, has worked as a licensed real	95672
estate broker or salesperson for an average of at least thirty	95673
hours per week; and has completed one of the following:	95674

(a) At least twenty real estate transactions, in which	95675
property was sold for another by the applicant while acting in the	95676
capacity of a real estate broker or salesperson;	95677

(b) Such equivalent experience as is defined by rules adopted	95678
by the commission.	95679

(6)(a) If licensed as a real estate salesperson prior to	95680
August 1, 2001, successfully has completed at an institution of	95681
higher education all of the following:	95682

(i) Thirty hours of classroom instruction in real estate	95683
practice;	95684

(ii) Thirty hours of classroom instruction that includes the	95685
subjects of Ohio real estate law, municipal, state, and federal	95686
civil rights law, new case law on housing discrimination,	95687
desegregation issues, and methods of eliminating the effects of	95688
prior discrimination. If feasible, the classroom instruction in	95689
Ohio real estate law shall be taught by a member of the faculty of	95690
an accredited law school. If feasible, the classroom instruction	95691
in municipal, state, and federal civil rights law, new case law on	95692
housing discrimination, desegregation issues, and methods of	95693
eliminating the effects of prior discrimination shall be taught by	95694
a staff member of the Ohio civil rights commission who is	95695
knowledgeable with respect to those subjects. The requirements of	95696
this division do not apply to an applicant who is admitted to	95697
practice before the supreme court.	95698

(iii) Thirty hours of classroom instruction in real estate	95699
appraisal;	95700

(iv) Thirty hours of classroom instruction in real estate	95701
finance;	95702

(v) Three quarter hours, or its equivalent in semester hours,	95703
in financial management;	95704

(vi) Three quarter hours, or its equivalent in semester	95705
hours, in human resource or personnel management;	95706

(vii) Three quarter hours, or its equivalent in semester	95707
hours, in applied business economics;	95708

(viii) Three quarter hours, or its equivalent in semester	95709
hours, in business law.	95710

(b) If licensed as a real estate salesperson on or after	95711
August 1, 2001, successfully has completed at an institution of	95712
higher education all of the following:	95713

(i) Forty hours of classroom instruction in real estate	95714
practice;	95715

(ii) Forty hours of classroom instruction that includes the	95716
subjects of Ohio real estate law, municipal, state, and federal	95717
civil rights law, new case law on housing discrimination,	95718
desegregation issues, and methods of eliminating the effects of	95719
prior discrimination. If feasible, the classroom instruction in	95720
Ohio real estate law shall be taught by a member of the faculty of	95721
an accredited law school. If feasible, the classroom instruction	95722
in municipal, state, and federal civil rights law, new case law on	95723
housing discrimination, desegregation issues, and methods of	95724
eliminating the effects of prior discrimination shall be taught by	95725
a staff member of the Ohio civil rights commission who is	95726
knowledgeable with respect to those subjects. The requirements of	95727
this division do not apply to an applicant who is admitted to	95728
practice before the supreme court.	95729

(iii) Twenty hours of classroom instruction in real estate	95730
appraisal;	95731

(iv) Twenty hours of classroom instruction in real estate	95732
finance;	95733

(v) The training in the amount of hours specified under	95734
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	95735

(c) Division (B)(6)(a) or (b) of this section does not apply	95736
to any applicant who holds a valid real estate salesperson's	95737
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	95738
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	95739
do not apply to any applicant who holds a valid real estate	95740
salesperson's license issued prior to January 3, 1984.	95741

(d) Divisions (B)(6)(a)(iii) and (B)(6)(b)(iii) of this	95742
section do not apply to any new applicant who holds a valid Ohio	95743
real estate appraiser license or certificate issued prior to the	95744
date of application for a real estate broker's license.	95745

(7) If licensed as a real estate salesperson on or after	95746
January 3, 1984, satisfactorily has completed a minimum of two	95747
years of post-secondary education, or its equivalent in semester	95748
or quarter hours, at an institution of higher education, and has	95749
fulfilled the requirements of division (B)(6)(a) or (b) of this	95750
section. The requirements of division (B)(6)(a) or (b) of this	95751
section may be included in the two years of post-secondary	95752
education, or its equivalent in semester or quarter hours, that is	95753
required by this division.	95754

(C) Each applicant for a broker's license shall be examined	95755
in the principles of real estate practice, Ohio real estate law,	95756
and financing and appraisal, and as to the duties of real estate	95757
brokers and real estate salespersons, the applicant's knowledge of	95758
real estate transactions and instruments relating to them, and the	95759
canons of business ethics pertaining to them. The commission from	95760
time to time shall promulgate such canons and cause them to be	95761
published in printed form.	95762

(D) Examinations shall be administered with reasonable	95763
accommodations in accordance with the requirements of the	95764
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95765
U.S.C. 12101. The contents of an examination shall be consistent	95766
with the requirements of division (B)(6) of this section and with	95767
the other specific requirements of this section. An applicant who	95768
has completed the requirements of division (B)(6) of this section	95769
at the time of application shall be examined no later than twelve	95770
months after the applicant is notified of admission to the	95771
examination.	95772

(E) The superintendent may waive one or more of the	95773
requirements of this section in the case of an application from a	95774
nonresident real estate broker pursuant to a reciprocity agreement	95775
with the licensing authority of the state from which the	95776
nonresident applicant holds a valid real estate broker license.	95777

(F) There shall be no limit placed on the number of times an	95778
applicant may retake the examination.	95779

(G)(1) Not earlier than the date of issue of a real estate	95780
broker's license to a licensee, but not later than twelve months	95781
after the date of issue of a real estate broker's license to a	95782
licensee, the licensee shall submit proof satisfactory to the	95783
superintendent, on forms made available by the superintendent, of	95784
the completion of ten hours of classroom instruction that shall be	95785
completed in schools, seminars, and educational institutions that	95786
are approved by the commission. Approval of the curriculum and	95787
providers shall be granted according to rules adopted pursuant to	95788
section 4735.10 of the Revised Code.	95789

If the required proof of completion is not submitted to the	95790
superintendent within twelve months of the date a license is	95791
issued under this section, the license of the real estate broker	95792
is suspended automatically without the taking of any action by the	95793
superintendent. The broker's license shall not be reactivated by	95794
the superintendent until it is established, to the satisfaction of	95795
the superintendent, that the requirements of this division have	95796
been met and that the licensee is in compliance with this chapter.	95797
A licensee's license is revoked automatically without the taking	95798
of any action by the superintendent if the licensee fails to	95799
submit proof of completion of the education requirements specified	95800
under division (G)(1) of this section within twelve months of the	95801
date the license is suspended.	95802

(2) If the license of a real estate broker is suspended	95803
pursuant to division (G)(1) of this section, the license of a real	95804
estate salesperson associated with that broker correspondingly is	95805
suspended pursuant to division (H) of section 4735.20 of the	95806
Revised Code. However, the suspended license of the associated	95807
real estate salesperson shall be reactivated and no fee shall be	95808
charged or collected for that reactivation if all of the following	95809
occur:	95810

(a) That broker subsequently submits satisfactory proof to	95811
the superintendent that the broker has complied with the	95812
requirements of division (G)(1) of this section and requests that	95813
the broker's license as a real estate broker be reactivated;	95814

(b) The superintendent then reactivates the broker's license	95815
as a real estate broker;	95816

(c) The associated real estate salesperson intends to	95817
continue to be associated with that broker and otherwise is in	95818
compliance with this chapter.	95819

Sec. 4735.09. (A) Application for a license as a real estate	95820
salesperson shall be made to the superintendent of real estate on	95821
forms furnished by the superintendent and signed by the applicant.	95822
The application shall be in the form prescribed by the	95823
superintendent and shall contain such information as is required	95824
by this chapter and the rules of the Ohio real estate commission.	95825
The application shall be accompanied by the recommendation of the	95826
real estate broker with whom the applicant is associated or with	95827
whom the applicant intends to be associated, certifying that the	95828
applicant is honest, truthful, and of good reputation, has not	95829
been convicted of a felony or a crime involving moral turpitude,	95830
and has not been finally adjudged by a court to have violated any	95831
municipal, state, or federal civil rights laws relevant to the	95832
protection of purchasers or sellers of real estate, which	95833
conviction or adjudication the applicant has not disclosed to the	95834
superintendent, and recommending that the applicant be admitted to	95835
the real estate salesperson examination.	95836

(B) A fee of sixty dollars shall accompany the application,	95837
which fee includes the fee for the initial year of the licensing	95838
period, if a license is issued. The initial year of the licensing	95839
period commences at the time the license is issued and ends on the	95840
applicant's first birthday thereafter. The application fee shall	95841
be nonrefundable. A fee of sixty dollars shall be charged by the	95842
superintendent for each successive application made by the	95843
applicant. One dollar of each application fee shall be credited to	95844
the real estate education and research fund.	95845

(C) There shall be no limit placed on the number of times an	95846
applicant may retake the examination.	95847

(D) The superintendent, with the consent of the commission,	95848
may enter into an agreement with a recognized national testing	95849
service to administer the real estate salesperson's examination	95850
under the superintendent's supervision and control, consistent	95851
with the requirements of this chapter as to the contents of the	95852
examination.	95853

If the superintendent, with the consent of the commission,	95854
enters into an agreement with a national testing service to	95855
administer the real estate salesperson's examination, the	95856
superintendent may require an applicant to pay the testing	95857
service's examination fee directly to the testing service. If the	95858
superintendent requires the payment of the examination fee	95859
directly to the testing service, each applicant shall submit to	95860
the superintendent a processing fee in an amount determined by the	95861
Ohio real estate commission pursuant to division (A)(1) of section	95862
4735.10 of the Revised Code.	95863

(E) The superintendent shall issue a real estate	95864
salesperson's license when satisfied that the applicant has	95865
received a passing score on each portion of the salesperson's	95866
examination as determined by rule by the real estate commission,	95867
except that the superintendent may waive one or more of the	95868
requirements of this section in the case of an applicant who is a	95869
licensed real estate salesperson in another state pursuant to a	95870
reciprocity agreement with the licensing authority of the state	95871
from which the applicant holds a valid real estate salesperson's	95872
license.	95873

(F) No applicant for a salesperson's license shall take the	95874
salesperson's examination who has not established to the	95875
satisfaction of the superintendent that the applicant:	95876

(1) Is honest, truthful, and of good reputation;

95877

(2)(a) Has not been convicted of a felony or crime of moral	95878
turpitude or, if the applicant has been so convicted, the	95879
superintendent has disregarded the conviction because the	95880
applicant has proven to the superintendent, by a preponderance of	95881
the evidence, that the applicant's activities and employment	95882
record since the conviction show that the applicant is honest,	95883
truthful, and of good reputation, and there is no basis in fact	95884
for believing that the applicant again will violate the laws	95885
involved;	95886

(b) Has not been finally adjudged by a court to have violated	95887
any municipal, state, or federal civil rights laws relevant to the	95888
protection of purchasers or sellers of real estate or, if the	95889
applicant has been so adjudged, at least two years have passed	95890
since the court decision and the superintendent has disregarded	95891
the adjudication because the applicant has proven, by a	95892
preponderance of the evidence, that the applicant is honest,	95893
truthful, and of good reputation, and there is no basis in fact	95894
for believing that the applicant again will violate the laws	95895
involved.	95896

(3) Has not, during any period in which the applicant was	95897
licensed under this chapter, violated any provision of, or any	95898
rule adopted pursuant to this chapter, or, if the applicant has	95899
violated such provision or rule, has established to the	95900
satisfaction of the superintendent that the applicant will not	95901
again violate such provision or rule;	95902

(4) Is at least eighteen years of age;

95903

(5) If born after the year 1950, has a high school diploma or	95904
its equivalent as recognized by the state department of education;	95905

(6) Has successfully completed at an institution of higher	95906
education all of the following:	95907

(a) Forty hours of classroom instruction in real estate	95908
practice;	95909

(b) Forty hours of classroom instruction that includes the	95910
subjects of Ohio real estate law, municipal, state, and federal	95911
civil rights law, new case law on housing discrimination,	95912
desegregation issues, and methods of eliminating the effects of	95913
prior discrimination. If feasible, the classroom instruction in	95914
Ohio real estate law shall be taught by a member of the faculty of	95915
an accredited law school. If feasible, the classroom instruction	95916
in municipal, state, and federal civil rights law, new case law on	95917
housing discrimination, desegregation issues, and methods of	95918
eliminating the effects of prior discrimination shall be taught by	95919
a staff member of the Ohio civil rights commission who is	95920
knowledgeable with respect to those subjects. The requirements of	95921
this division do not apply to an applicant who is admitted to	95922
practice before the supreme court.	95923

(c) Twenty hours of classroom instruction in real estate	95924
appraisal;	95925

(d) Twenty hours of classroom instruction in real estate	95926
finance.	95927

(G) Division (F)(6)(c) of this section does not apply to any	95928
new applicant who holds a valid Ohio real estate appraiser license	95929
or certificate issued prior to the date of application for a real	95930
estate salesperson's license.	95931

(H) Any person who has not been licensed as a real estate	95932
salesperson or broker within a four-year period immediately	95933
preceding the person's current application for the salesperson's	95934
examination shall have successfully completed the prelicensure	95935
classroom instruction required by division (F)(6) of this section	95936
within a ten-year period immediately preceding the person's	95937
current application for the salesperson's examination.	95938

~~(H)~~(I) Not earlier than the date of issue of a real estate	95939
salesperson's license to a licensee, but not later than twelve	95940
months after the date of issue of a real estate salesperson	95941
license to a licensee, the licensee shall submit proof	95942
satisfactory to the superintendent, on forms made available by the	95943
superintendent, of the completion of ten hours of classroom	95944
instruction that shall be completed in schools, seminars, and	95945
educational institutions approved by the commission. Approval of	95946
the curriculum and providers shall be granted according to rules	95947
adopted pursuant to section 4735.10 of the Revised Code.	95948

If proof of completion of the required instruction is not	95949
submitted within twelve months of the date a license is issued	95950
under this section, the licensee's license is suspended	95951
automatically without the taking of any action by the	95952
superintendent. The superintendent immediately shall notify the	95953
broker with whom such salesperson is associated of the suspension	95954
of the salesperson's license. A salesperson whose license has been	95955
suspended under this division shall have twelve months after the	95956
date of the suspension of the salesperson's license to submit	95957
proof of successful completion of the instruction required under	95958
this division. No such license shall be reactivated by the	95959
superintendent until it is established, to the satisfaction of the	95960
superintendent, that the requirements of this division have been	95961
met and that the licensee is in compliance with this chapter. A	95962
licensee's license is revoked automatically without the taking of	95963
any action by the superintendent when the licensee fails to submit	95964
the required proof of completion of the education requirements	95965
under division ~~(H)~~(I) of this section within twelve months of the	95966
date the license is suspended.	95967

~~(I)~~(J) Examinations shall be administered with reasonable	95968
accommodations in accordance with the requirements of the	95969
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95970
U.S.C. 12189. The contents of an examination shall be consistent	95971
with the classroom instructional requirements of division (F)(6)	95972
of this section. An applicant who has completed the classroom	95973
instructional requirements of division (F)(6) of this section at	95974
the time of application shall be examined no later than twelve	95975
months after the applicant is notified of the applicant's	95976
admission to the examination.	95977

Sec. 4735.10. (A)(1) The Ohio real estate commission may	95978
adopt reasonable rules in accordance with Chapter 119. of the	95979
Revised Code, necessary for implementing the provisions of this	95980
chapter relating, but not limited to, the following:	95981

(a) The form and manner of filing applications for licensure;

95982

(b) Times and form of examination for license;

95983

(c) Placing an existing broker's license on deposit or a	95984
salesperson's license on an inactive status for an indefinite	95985
period;	95986

(d) Specifying the process by which a licensee may resign the	95987
licensee's license;	95988

(e) Defining any additional license status that the	95989
commission determines is necessary and that is not otherwise	95990
defined in this chapter and establishing the process by which a	95991
licensee places the licensee's license in a status defined by the	95992
commission in the rules the commission adopts;	95993

(f) Clarification of the activities that require a license	95994
under this chapter.	95995

(2) The commission shall adopt reasonable rules in accordance	95996
with Chapter 119. of the Revised Code, for implementing the	95997
provisions of this chapter relating to the following:	95998

(a) The issuance, renewal, suspension, and revocation of	95999
licenses, other sanctions that may be imposed for violations of	96000
this chapter, the conduct of hearings related to these actions,	96001
and the process of reactivating a license;	96002

(b) A three-year license and a three-year license renewal	96003
system;	96004

(c) Standards for the approval of the ten-hour postlicensure	96005
courses as required by division (G) of section 4735.07 and	96006
division ~~(H)~~(I) of section 4735.09 of the Revised Code, courses of	96007
study required for licenses, courses offered in preparation for	96008
license examinations, or courses required as continuing education	96009
for licenses.	96010

(d) Guidelines to ensure that continuing education classes	96011
are open to all persons licensed under this chapter. The rules	96012
shall specify that an organization that sponsors a continuing	96013
education class may offer its members a reasonable reduction in	96014
the fees charged for the class.	96015

(e) Requirements for trust accounts and property management	96016
accounts. The rules shall specify that:	96017

(i) Brokerages engaged in the management of property for	96018
another may, pursuant to a written contract with the property	96019
owner, exercise signatory authority for withdrawals from property	96020
management accounts maintained in the name of the property owner.	96021
The exercise of authority for withdrawals does not constitute a	96022
violation of any provision of division (A) of section 4735.18 of	96023
the Revised Code.	96024

(ii) The interest earned on property management trust	96025
accounts maintained in the name of the property owner or the	96026
broker shall be payable to the property owner unless otherwise	96027
specified in a written contract.	96028

(f) Notice of renewal forms and filing deadlines;

96029

(g) Special assessments under division (A) of section 4735.12	96030
of the Revised Code.	96031

(B) The commission may adopt rules in accordance with Chapter	96032
119. of the Revised Code establishing standards and guidelines	96033
with which the superintendent of real estate shall comply in the	96034
exercise of the following powers:	96035

(1) Appointment and recommendation of ancillary trustees	96036
under section 4735.05 of the Revised Code;	96037

(2) Rejection of names proposed to be used by partnerships,	96038
associations, limited liability companies, limited liability	96039
partnerships, and corporations, under division (A) of section	96040
4735.06 of the Revised Code;	96041

(3) Acceptance and rejection of applications to take the	96042
broker and salesperson examinations and licensure, with	96043
appropriate waivers pursuant to division (E) of section 4735.07	96044
and section 4735.09 of the Revised Code;	96045

(4) Approval of applications of brokers to place their	96046
licenses in an inactive status and to become salespersons under	96047
section 4735.13 of the Revised Code;	96048

(5) Appointment of hearing examiners under section 119.09 of	96049
the Revised Code;	96050

(6) Acceptance and rejection of applications to take the	96051
foreign real estate dealer and salesperson examinations and	96052
licensure, with waiver of examination, under sections 4735.27 and	96053
4735.28 of the Revised Code;	96054

(7) Qualification of foreign real estate under section	96055
4735.25 of the Revised Code.	96056

If at any time there is no rule in effect establishing a	96057
guideline or standard required by this division, the	96058
superintendent may adopt a rule in accordance with Chapter 119. of	96059
the Revised Code for such purpose.	96060

(C) The commission or superintendent may hear testimony in	96061
matters relating to the duties imposed upon them, and the	96062
president of the commission and superintendent may administer	96063
oaths. The commission or superintendent may require other proof of	96064
the honesty, truthfulness, and good reputation of any person named	96065
in an application for a real estate broker's or real estate	96066
salesperson's license before admitting the applicant to the	96067
examination or issuing a license.	96068

Sec. 4735.142. (A) Any person licensed under section 4735.07	96069
or 4735.09 of the Revised Code, at any time prior to the date the	96070
licensee is required to file a notice of renewal pursuant to	96071
division (B) of section 4735.14 of the Revised Code may apply to	96072
the superintendent of real estate and professional licensing to	96073
place the licensee's license in a permanently resigned status.	96074

(B) A licensee, at any time during which a license has been	96075
suspended pursuant to division (G) of section 4735.07, division	96076
~~(H)~~(I) of section 4735.09, division (E) of section 4735.12,	96077
division (C) of section 4735.14, division (C) of section 4735.141,	96078
or section 4735.182 of the Revised Code, may apply to the	96079
superintendent on a form prescribed by the superintendent to	96080
permanently resign the licensee's license voluntarily. The	96081
resignation of a license is considered to be final without the	96082
taking of any action by the superintendent.	96083

(C) If a person whose license is in a permanently resigned	96084
status pursuant to a request made under this section wishes to	96085
obtain an active or inactive license, the person shall apply for	96086
such a license in accordance with the requirements specified in	96087
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	96088
in the rules adopted by the commission pursuant to division (A) of	96089
section 4735.10 of the Revised Code.	96090

(D) If placing a broker's license in a permanently resigned	96091
status will result in the closure of the broker's brokerage, the	96092
broker, within three days after applying to the superintendent to	96093
place the license in a permanently resigned status, shall provide	96094
to each salesperson associated with that broker a written notice	96095
stating that fact.	96096

(E) This section does not apply to any licensee whose license	96097
has been suspended pursuant to division (F) of section 4735.181 of	96098
the Revised Code or due to disciplinary action ordered by the	96099
commission pursuant to section 4735.051 of the Revised Code.	96100

Sec. 4735.56. (A) Each brokerage shall develop a written	96101
brokerage policy on agency to be given to prospective sellers and	96102
purchasers in accordance with divisions (C) and (D) of this	96103
section.	96104

(B) The brokerage policy on agency described in division (A)	96105
of this section shall include all of the following information:	96106

(1) An explanation of the permissible agency relationships	96107
available under section 4735.53 of the Revised Code and the duties	96108
that the agent owes the agent's client;	96109

(2) The brokerage's policy on representation of purchasers or	96110
sellers;	96111

(3) Whether at some time during the agency relationship the	96112
brokerage and its licensee may act as a dual agent, and the	96113
options and consequences for the client if a dual agency situation	96114
arises including the right of the client to terminate the agency	96115
relationship and seek representation from another source;	96116

(4) Whether at some time during the agency relationship,	96117
another licensee affiliated with the same brokerage as the	96118
licensee may become the exclusive agent for the other party in the	96119
transaction and whether each licensee will represent only the	96120
interests of that licensee's client;	96121

(5) The brokerage's policy on cooperation with other	96122
brokerages, including whether the brokerage offers compensation to	96123
other brokerages or will seek compensation from other brokerages;	96124

(6) That a brokerage that has a purchaser as a client	96125
represents the purchaser's interests even though the seller's	96126
agent or the seller may compensate that purchaser's brokerage;	96127

(7) That the signature of the purchaser or the seller	96128
indicates acknowledgement of receipt of the brokerage policy on	96129
agency.	96130

(C) A licensee acting as a seller's agent shall provide the	96131
seller with the brokerage policy on agency described in this	96132
section prior to marketing or showing the seller's real estate and	96133
shall obtain a signature from the seller acknowledging receipt	96134
unless the seller refuses to provide a signature. If the seller	96135
refuses to provide a signature, the licensee shall note this on	96136
the policy.	96137

(D) A licensee working directly with a purchaser in a real	96138
estate transaction, whether as the purchaser's agent, the seller's	96139
agent, or the seller's subagent, shall provide the purchaser with	96140
the brokerage policy on agency described in this section and	96141
obtain a signature from the purchaser acknowledging receipt of the	96142
policy unless the purchaser refuses to provide a signature. If the	96143
purchaser refuses to provide a signature, the licensee shall note	96144
this on the policy. Except as provided in division (E) of this	96145
section, the licensee shall provide the brokerage policy on agency	96146
to a purchaser prior to the earliest of the following actions of	96147
the licensee:	96148

(1) Initiating a prequalification evaluation to determine	96149
whether the purchaser has the financial ability to purchase or	96150
lease a particular real estate property;	96151

(2) Requesting specific financial information from the	96152
purchaser to determine the purchaser's ability to purchase or	96153
finance real estate in a particular price range;	96154

(3) Showing the real estate to the purchaser other than at an	96155
open house;	96156

(4) Discussing, with the purchaser, the making of an offer to	96157
purchase or lease real estate;	96158

(5) Submitting an offer to purchase or lease real estate on	96159
behalf of the purchaser.	96160

(E) If the earliest event described in division (D) of this	96161
section is by telephone or electronic mail, the licensee shall	96162
disclose by that same medium the nature of the agency relationship	96163
that the licensee has with both the seller and the purchaser. The	96164
licensee shall provide the purchaser with the brokerage policy on	96165
agency described in this section at the first meeting with the	96166
purchaser following this disclosure of the agency relationship.	96167

(F) A licensee acting as a seller's agent is not required to	96168
provide a purchaser with the brokerage policy on agency described	96169
in this section except in the case of an event described in	96170
division (D) of this section.	96171

(G) The requirements of this section regarding provision of a	96172
brokerage policy on agency ~~do not~~ apply only in ~~any of~~ the	96173
following situations:	96174

(1) The sale or lease of vacant land;

96175

(2) The sale of a parcel of real estate containing one to	96176
four residential units;	96177

(3) The ~~rental or~~ leasing of residential premises as defined	96178
in section 5321.01 of the Revised Code, if the rental or lease	96179
agreement ~~can be performed in~~is for a term of more than eighteen	96180
months ~~or less;~~	96181

~~(2) The referral of a prospective purchaser or seller to~~	96182
~~another licensee;~~	96183

~~(3) Transactions involving the sale, lease, or exchange of~~	96184
~~foreign real estate as defined in division (E) of section 4735.01~~	96185
~~of the Revised Code;~~	96186

~~(4) Transactions involving the sale of a cemetery lot or a~~	96187
~~cemetery interment right~~.	96188

Sec. 4742.01. As used in this chapter:

96189

(A) "Emergency service provider" has the same meaning as in	96190
section ~~5507.01~~128.01 of the Revised Code.	96191

(B) "Emergency service telecommunicator" means an individual	96192
employed by an emergency service provider, whose primary	96193
responsibility is to be an operator for the receipt or processing	96194
of calls for emergency services made by telephone, radio, or other	96195
electronic means.	96196

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	96197
of the Revised Code:	96198

(A) "Long-term services and supports settings" means any	96199
institutional or community-based setting in which medical, health,	96200
psycho-social, habilitative, rehabilitative, or personal care	96201
services are provided to individuals on a post-acute care basis.	96202

(B) "Nursing home administrator" means any individual	96203
responsible for planning, organizing, directing, and managing the	96204
operation of a nursing home, or who in fact performs such	96205
function, whether or not such functions and duties are shared by	96206
one or more other persons.	96207

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	96208
under the authority of section 3721.01 of the Revised Code, or a	96209
nursing home operated by a governmental agency.	96210

~~(C)~~(D) "Temporary license" means a license for a period not	96211
to exceed one hundred eighty days issued pursuant to division (B)	96212
of section 4751.06 of the Revised Code.	96213

~~(D)~~(E) "Valid license" means a license which is current and	96214
in good standing.	96215

Sec. 4751.02. (A) No person shall operate a nursing home	96216
unless it is under the supervision of an administrator whose	96217
principal occupation is nursing home administration or hospital	96218
administration and who holds a valid nursing home administrator's	96219
license and registration, or a temporary license, issued pursuant	96220
to Chapter 4751. of the Revised Code.	96221

(B) No person other than a licensed and registered nursing	96222
home administrator or person holding a temporary license as	96223
required by Chapter 4751. of the Revised Code shall practice or	96224
offer to practice nursing home administration in this state. All	96225
nursing home administrators and temporary licensees shall comply	96226
with Chapter 4751. of the Revised Code and the regulations adopted	96227
thereunder.	96228

(C) Every operator of a nursing home shall report to the	96229
board of ~~examiners~~executives of ~~nursing home administrators~~	96230
long-term services and supports the name and license number of	96231
each nursing home administrator for said home within ten days	96232
after the operator engages a nursing home administrator, and	96233
within ten days after a nursing home administrator is no longer	96234
engaged as such by such operator for said home.	96235

(D) Each individual who holds a nursing home administrator	96236
license or temporary license shall report ~~his~~the individual's	96237
residence mailing address and the name and address of each place	96238
of employment to the board within ten days after any change.	96239

Sec. 4751.03. (A) There is hereby established in the	96240
department of health a board of ~~examiners~~executives of ~~nursing~~	96241
~~home administrators~~long-term services and supports, which board	96242
shall be composed of ~~nine~~the following eleven members~~, eight of~~	96243
~~whom shall be representative of the professions and institutions~~	96244
~~concerned with care and treatment of chronically ill or infirm~~	96245
~~aged patients, and one of whom shall be a public member at least~~	96246
~~sixty years of age, provided that less than a majority of the~~	96247
~~board members shall be representative of a single profession or~~	96248
~~institutional category, and provided further that a person~~	96249
~~appointed as a noninstitutional member shall neither have nor~~	96250
~~acquire any direct financial interest in a nursing home. For~~	96251
~~purposes of this section, nursing home administrators are~~	96252
~~considered representatives of institutions.~~	96253

~~Four members shall be nursing home administrators, owners of~~	96254
~~nursing homes or an officer of a corporation owning a nursing~~	96255
~~home. The director of health or his designated representative~~	96256
~~shall be a member. All~~:	96257

(1) Four members who are nursing home administrators, owners	96258
of nursing homes, or officers of corporations owning nursing	96259
homes, and who shall have an understanding of person-centered	96260
care, and experience with a range of long-term services and	96261
supports settings;	96262

(2) Three members who work in long-term services and supports	96263
settings that are not nursing homes, and who shall have an	96264
understanding of person-centered care, and experience with a range	96265
of long-term services and supports settings;	96266

(3) One member who is a member of the academic community;

96267

(4) One member who is a consumer of services offered in a	96268
long-term services and supports setting;	96269

(5) One member who is a representative of the department of	96270
health, designated by the director of health, who is involved in	96271
the nursing home survey and certification process;	96272

(6) One member who is a representative of the office of the	96273
state long-term care, designated by the state long-term care	96274
ombudsman.	96275

All members of the board shall be citizens of the United	96276
States and residents of this state. No member of the board who is	96277
appointed under divisions (A)(3) to (6) of this section may have	96278
or acquire any direct financial interest in a nursing home or	96279
long-term services and supports settings.	96280

(B) The term of office for each appointed member of the board	96281
shall be for three years, commencing on the twenty-eighth day of	96282
May and ending on the twenty-seventh day of May. Each member shall	96283
serve from the date of ~~his~~ appointment until the end of the term	96284
for which ~~he was~~ appointed. No member shall serve more than two	96285
consecutive full terms.	96286

(C) Appointments to the board shall be made by the governor.	96287
Any member appointed to fill a vacancy occurring prior to the	96288
expiration of the term for which ~~his~~the member's predecessor was	96289
appointed shall hold office for the remainder of such term. Any	96290
appointed member shall continue in office subsequent to the	96291
expiration date of ~~his~~the member's term until ~~his~~the member's	96292
successor takes office, or until a period of sixty days has	96293
elapsed, whichever occurs first.	96294

(D) The governor may remove any member of the board for	96295
misconduct, incapacity, incompetence, or neglect of duty after the	96296
member so charged has been served with a written statement of	96297
charges and has been given an opportunity to be heard.	96298

(E) Each member of the board, except the member designated by	96299
the director of health ~~or his~~and the member designated	96300
~~representative~~by the ombudsman, shall be paid in accordance with	96301
section 124.15 of the Revised Code and each member shall be	96302
reimbursed for ~~his~~the member's actual and necessary expenses	96303
incurred in the discharge of such duties.	96304

(F) The board shall elect annually from its membership a	96305
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	96306

(G) The board shall hold and conduct meetings quarterly and	96307
at such other times as its business requires. A majority of the	96308
board shall constitute a quorum. The affirmative vote of a	96309
majority of the members of the board is necessary for the board to	96310
act.	96311

(H) The board shall appoint a secretary who has no financial	96312
interest in a ~~nursing home~~long-term services and supports	96313
setting, and may employ and prescribe the powers and duties of	96314
such employees and consultants as are necessary to carry out this	96315
chapter and the rules adopted under it. ~~Administrative, technical,~~	96316
~~or other services shall be performed, insofar as practicable, by~~	96317
~~personnel of the department of health.~~	96318

Sec. 4751.04. (A) The board of ~~examiners~~executives of	96319
~~nursing home administrators~~long-term services and supports shall:	96320

(1) Develop, adopt, impose, and enforce regulations	96321
prescribing standards which must be met by individuals in order to	96322
receive a license as a nursing home administrator, which standards	96323
shall be designed to ensure that nursing home administrators are	96324
of good character and are otherwise suitable, and who, by training	96325
and experience, are qualified to serve as nursing home	96326
administrators;	96327

(2) Develop and apply appropriate techniques, including	96328
examinations and investigations, for determining whether an	96329
individual meets such standards;	96330

(3) Issue licenses and registrations to individuals	96331
determined, after application of such techniques, to meet such	96332
standards, and revoke or suspend licenses or registrations	96333
previously issued by the board in any case where the individual	96334
holding such license or registration is determined to have failed	96335
substantially to conform to the requirements of such standards;	96336

(4) Develop, adopt, impose, and enforce regulations and	96337
procedures designed to ensure that individuals holding a temporary	96338
license, or licensed as nursing home administrators will, during	96339
any period that they serve as such, comply with Chapter 4751. of	96340
the Revised Code and the regulations adopted thereunder;	96341

(5) Receive, investigate, and take appropriate action with	96342
respect to any charge or complaint filed with the board to the	96343
effect that any individual licensed as a nursing home	96344
administrator has failed to comply with Chapter 4751. of the	96345
Revised Code and the regulations adopted thereunder;	96346

(6) Take such other actions as may be necessary to enable the	96347
state to meet the requirements set forth in the "Social Security	96348
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	96349

(7) Pay all license and registration fees collected under	96350
Chapter 4751. of the Revised Code into the general operations fund	96351
created by section 3701.83 of the Revised Code to be used in	96352
administering and enforcing this chapter and the rules adopted	96353
under it;	96354

(8) Administer, or contract with a government or private	96355
entity to administer, examinations for licensure as a nursing home	96356
administrator. If the board contracts with a government or private	96357
entity to administer the examinations, the contract may authorize	96358
the entity to collect and keep, as all or part of the entity's	96359
compensation under the contract, any fee an applicant for	96360
licensure pays to take an examination. The entity is not required	96361
to deposit the fee into the state treasury;	96362

(9) Enter into a contract with the department of health as	96363
required under section 4751.042 of the Revised Code;	96364

(10) Create opportunities for the education, training, and	96365
credentialing of nursing home administrators and others in	96366
leadership positions who practice in long-term services and	96367
supports settings or who direct the practices of others in those	96368
settings. In carrying out this function, the board shall do the	96369
following:	96370

(a) Identify core competencies and areas of knowledge that	96371
are appropriate for nursing home administrators and others working	96372
within the long-term services and supports settings system, with	96373
an emphasis on all of the following:	96374

(i) Leadership;

96375

(ii) Person-centered care;

96376

(iii) Principles of management within both the business and	96377
regulatory environments;	96378

(iv) An understanding of all post-acute settings, including	96379
transitions from acute settings and between post-acute settings.	96380

(b) Assist in the development of a strong, competitive market	96381
in Ohio for training, continuing education, and degree programs in	96382
long-term services and supports settings administration.	96383

(B) In the administration and enforcement of Chapter 4751. of	96384
the Revised Code, and the regulations adopted thereunder, the	96385
board is subject to Chapter 119. of the Revised Code and sections	96386
4743.01 and 4743.02 of the Revised Code except that a notice of	96387
appeal of an order of the board adopting, amending, or rescinding	96388
a rule or regulation does not operate as a stay of the effective	96389
date of such order as provided in section 119.11 of the Revised	96390
Code. The court, at its discretion, may grant a stay of any	96391
regulation in its application against the person filing the notice	96392
of appeal.	96393

Sec. 4751.041. Except when the board of ~~examiners~~executives	96394
of ~~nursing home administrators~~long-term services and supports	96395
considers it necessary, the board shall not disclose test	96396
materials, examinations, or evaluation tools used in an	96397
examination for licensure as a nursing home administrator that the	96398
board administers under section 4751.04 of the Revised Code or	96399
contracts under that section with a private or government entity	96400
to administer.	96401

Sec. 4751.042. (A) The board of executives of long-term	96402
services and supports shall enter into a written agreement with	96403
the department of health for the department to serve as the	96404
board's fiscal agent. The fiscal agent shall be responsible for	96405
all the board's fiscal matters and financial transactions, as	96406
specified in the agreement. The written agreement shall specify	96407
the fees that the board shall pay to the fiscal agent for services	96408
performed under the agreement, and such fees shall be in	96409
proportion to the services performed for the board.	96410

(1) The agreement shall require the fiscal agent to provide	96411
the following services:	96412

(a) Preparation and processing of payroll and other personnel	96413
documents that the board approves;	96414

(b) Maintenance of ledgers of accounts and reports of account	96415
balances, and monitoring of budgets and allotment plans in	96416
consultation with the board;	96417

(c) Performance of other routine support services, specified	96418
in the agreement, that the fiscal agent considers appropriate to	96419
achieve efficiency.	96420

(2) The agreement may require the fiscal agent to provide the	96421
following services:	96422

(a) Any shared services between the board and the fiscal	96423
agent;	96424

(b) Any other services agreed to by the board and the	96425
department, including administrative or technical services.	96426

(B) The board has sole authority to expend funds from the	96427
board's accounts for programs and any other necessary expenses the	96428
board may incur. The board shall inform the fiscal agent fully of	96429
any financial transactions to ensure compliance with fiscal	96430
regulations.	96431

(C) The board shall follow all state procurement, fiscal,	96432
human resources, information technology, statutory, and	96433
administrative rule requirements.	96434

(D) In its role as fiscal agent for the board, the department	96435
shall serve as a contractor of the board, and does not assume	96436
responsibility for the debts or fiscal obligations of the board.	96437

Sec. 4751.05. (A) The board of ~~examiners~~executives of	96438
~~nursing home administrators~~long-term services and supports, or a	96439
government or private entity under contract with the board to	96440
administer examinations for licensure as a nursing home	96441
administrator, shall admit to an examination any candidate who:	96442

(1) Pays the application fee of fifty dollars;

96443

(2) Submits evidence of good moral character and suitability;

96444

(3) Is at least eighteen years of age;

96445

(4) Has completed educational requirements and work	96446
experience satisfactory to the board;	96447

(5) Submits an application on forms prescribed by the board;

96448

(6) Pays the examination fee charged by the board or	96449
government or private entity.	96450

(B) Nothing in Chapter 4751. of the Revised Code or the rules	96451
adopted thereunder shall be construed to require an applicant for	96452
licensure or a temporary license, who is employed by an	96453
institution for the care and treatment of the sick to demonstrate	96454
proficiency in any medical techniques or to meet any medical	96455
educational qualifications or medical standards not in accord with	96456
the remedial care and treatment provided by the institution if the	96457
institution is all of the following:	96458

(1) Operated exclusively for patients who use spiritual means	96459
for healing and for whom the acceptance of medical care is	96460
inconsistent with their religious beliefs;	96461

(2) Accredited by a national accrediting organization;

96462

(3) Exempt from federal income taxation under section 501 of	96463
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	96464
as amended;	96465

(4) Providing twenty-four hour nursing care pursuant to the	96466
exemption in division (E) of section 4723.32 of the Revised Code	96467
from the licensing requirements of Chapter 4723. of the Revised	96468
Code.	96469

(C) If a person fails three times to attain a passing grade	96470
on the examination, said person, before the person may again be	96471
admitted to examination, shall meet such additional education or	96472
experience requirements, or both, as may be prescribed by the	96473
board.	96474

Sec. 4751.06. (A) An applicant for licensure as a nursing	96475
home administrator who has successfully completed the requirements	96476
of section 4751.05 of the Revised Code, passed the examination	96477
administered by the board of ~~examiners~~executives of ~~nursing home~~	96478
~~administrators~~long-term services and supports or a government or	96479
private entity under contract with the board, and paid to the	96480
board an original license fee of two hundred fifty dollars shall	96481
be issued a license on a form provided by the board. Such license	96482
shall certify that the applicant has met the licensure	96483
requirements of Chapter 4751. of the Revised Code and is entitled	96484
to practice as a licensed nursing home administrator.	96485

(B) A temporary license for a period not to exceed one	96486
hundred eighty days may be issued to an individual temporarily	96487
filling the position of a nursing home administrator vacated by	96488
reason of death, illness, or other unexpected cause, pursuant to	96489
regulations adopted by the board.	96490

(C) The fee for a temporary license is one hundred dollars.	96491
Said fee must accompany the application for the temporary license.	96492

(D) Any license or temporary license issued by the board	96493
pursuant to this section shall be under the hand of the	96494
chairperson and the secretary of the board.	96495

(E) A duplicate of the original certificate of registration	96496
or license may be secured to replace one that has been lost or	96497
destroyed by submitting to the board a notarized statement	96498
explaining the conditions of the loss, mutilation, or destruction	96499
of the certificate or license and by paying a fee of twenty-five	96500
dollars.	96501

(F) A duplicate certificate of registration and license may	96502
be issued in the event of a legal change of name by submitting to	96503
the board a certified copy of the court order or marriage license	96504
establishing the change of name, by returning at the same time the	96505
original license and certificate of registration, and by paying a	96506
fee of twenty-five dollars.	96507

Sec. 4751.07. (A) Every individual who holds a valid license	96508
as a nursing home administrator issued under division (A) of	96509
section 4751.06 of the Revised Code, shall immediately upon	96510
issuance thereof be registered with the board of ~~examiners~~	96511
executives of ~~nursing home administrators~~long-term services and	96512
supports and be issued a certificate of registration. Such	96513
individual shall annually apply to the board for a new certificate	96514
of registration on forms provided for such purpose prior to the	96515
expiration of the certificate of registration and shall at the	96516
same time submit satisfactory evidence to the board of having	96517
attended such continuing education programs or courses of study as	96518
may be prescribed in rules adopted by the board.	96519

(B) Upon making an application for a new certificate of	96520
registration such individual shall pay the annual registration fee	96521
of three hundred dollars.	96522

(C) Upon receipt of such application for registration and the	96523
registration fee required by divisions (A) and (B) of this	96524
section, the board shall issue a certificate of registration to	96525
such nursing home administrator.	96526

(D) The license of a nursing home administrator who fails to	96527
comply with this section shall automatically lapse.	96528

(E) A nursing home administrator who has been licensed and	96529
registered in this state who determines to temporarily abandon the	96530
practice of nursing home administration shall notify the board in	96531
writing immediately; provided, that such individual may thereafter	96532
register to resume the practice of nursing home administration	96533
within the state upon complying with the requirements of this	96534
section regarding annual registration.	96535

(F) Only an individual who has qualified as a licensed and	96536
registered nursing home administrator under Chapter 4751. of the	96537
Revised Code and the rules adopted thereunder, and who holds a	96538
valid current registration certificate pursuant to this section,	96539
may use the title "nursing home administrator," or the	96540
abbreviation "N.H.A." after the individual's name. No other person	96541
shall use such title or such abbreviation or any other words,	96542
letters, sign, card, or device tending to indicate or to imply	96543
that the person is a licensed and registered nursing home	96544
administrator.	96545

(G) Every person holding a valid license entitling the person	96546
to practice nursing home administration in this state shall	96547
display said license in the nursing home which is the person's	96548
principal place of employment, and while engaged in the practice	96549
of nursing home administration shall have at hand the current	96550
registration certificate.	96551

(H) Every person holding a valid temporary license shall have	96552
such license at hand while engaged in the practice of nursing home	96553
administration.	96554

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	96555
~~home administrators~~long-term services and supports, in its	96556
discretion, and otherwise subject to Chapter 4751. of the Revised	96557
Code and the rules adopted by the board thereunder prescribing the	96558
qualifications for a nursing home administrator license, may	96559
license a nursing home administrator without examination if hethe	96560
nursing home administrator has a valid license issued by the	96561
proper authorities of any other state, upon payment of a fee of	96562
one hundred fifty dollars, and upon submission of evidence	96563
satisfactory to the board both:	96564

(A) That such other state maintained a system and standard of	96565
qualifications and examinations for a nursing home administrator	96566
license which were substantially equivalent to those required in	96567
this state at the time such other license was issued by such other	96568
state;	96569

(B) That such other state gives similar recognition to	96570
nursing home administrators licensed in this state.	96571

Sec. 4751.10. The license or registration, or both, or the	96572
temporary license of any person practicing or offering to practice	96573
nursing home administration, shall be revoked or suspended by the	96574
board of ~~examiners~~executives of ~~nursing home administrators~~	96575
long-term services and supports if such licensee or temporary	96576
licensee:	96577

(A) Is unfit or incompetent by reason of negligence, habits,	96578
or other causes;	96579

(B) Has willfully or repeatedly violated any of the	96580
provisions of Chapter 4751. of the Revised Code or the regulations	96581
adopted thereunder; or willfully or repeatedly acted in a manner	96582
inconsistent with the health and safety of the patients of the	96583
nursing home in which hethe licensee or temporary licensee is the	96584
administrator;	96585

(C) Is guilty of fraud or deceit in the practice of nursing	96586
home administration or in ~~his~~the licensee's or temporary	96587
licensee's admission to such practice;	96588

(D) Has been convicted in a court of competent jurisdiction,	96589
either within or without this state, of a felony.	96590

Proceedings under this section shall be instituted by the	96591
board or shall be begun by filing with the board charges in	96592
writing and under oath.	96593

Sec. 4751.11. (A) The board of ~~examiners~~executives of	96594
~~nursing home administrators~~long-term services and supports may,	96595
in its discretion, reissue a license or registration, or both, to	96596
any person whose license or registration, or both, has been	96597
revoked.	96598

(B) Application for the reissuance of a license or	96599
registration, or both, shall not be made prior to one year after	96600
revocation and shall be made in such manner as the board may	96601
direct.	96602

(C) If a person convicted of a felony is subsequently	96603
pardoned by the governor of the state where such conviction was	96604
had or by the president of the United States, or receives a final	96605
release granted by the adult parole authority of this state or its	96606
equivalent agency of another state, the board may, in its	96607
discretion, on application of such person and on the submission of	96608
evidence satisfactory to the board restore to such person the	96609
nursing home administrator's license or registration, or both.	96610

Sec. 4751.12. On receipt of a notice pursuant to section	96611
3123.43 of the Revised Code, the board of ~~examiners~~executives of	96612
~~nursing home administrators~~long-term services and supports shall	96613
comply with sections 3123.41 to 3123.50 of the Revised Code and	96614
any applicable rules adopted under section 3123.63 of the Revised	96615
Code with respect to a license issued pursuant to this chapter.	96616

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	96617
~~home administrators~~long-term services and supports shall comply	96618
with section 4776.20 of the Revised Code.	96619

Sec. 4753.071. A person who is required to meet the	96620
supervised professional experience requirement of division (F) of	96621
section 4753.06 of the Revised Code shall submit to the board of	96622
speech-language pathology and audiology an application for a	96623
conditional license. The application shall include a plan for the	96624
content of the supervised professional experience on a form the	96625
board shall prescribe. The board shall issue the conditional	96626
license to the applicant if the applicant meets the requirements	96627
of section 4753.06 of the Revised Code, other than the requirement	96628
to have obtained the supervised professional experience, and pays	96629
to the board the appropriate fee for a conditional license. An	96630
applicant may not begin employment until the conditional license	96631
has been issued.	96632

A conditional license authorizes an individual to practice	96633
speech-language pathology or audiology while completing the	96634
supervised professional experience as required by division (F) of	96635
section 4753.06 of the Revised Code. A person holding a	96636
conditional license may practice speech-language pathology or	96637
audiology while working under the supervision of a person fully	96638
licensed in accordance with this chapter. A conditional license is	96639
valid for eighteen months unless suspended or revoked pursuant to	96640
section 3123.47 or 4753.10 of the Revised Code.	96641

A person holding a conditional license may perform services	96642
for which ~~reimbursement~~payment will be sought under the medicare	96643
program ~~established under Title XVIII of the "Social Security~~	96644
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	96645
medicaid program ~~established under Chapter 5111. of the Revised~~	96646
~~Code~~ but all requests for ~~reimbursement~~payment for such services	96647
shall be made by the person who supervises the person performing	96648
the services.	96649

Sec. 4755.11. (A) In accordance with Chapter 119. of the	96650
Revised Code, the occupational therapy section of the Ohio	96651
occupational therapy, physical therapy, and athletic trainers	96652
board may suspend, revoke, or refuse to issue or renew an	96653
occupational therapist license, occupational therapy assistant	96654
license, occupational therapist limited permit, occupational	96655
therapy assistant limited permit, or reprimand, fine, place a	96656
license or limited permit holder on probation, or require the	96657
license or limited permit holder to take corrective action	96658
courses, for any of the following:	96659

(1) Conviction of an offense involving moral turpitude or a	96660
felony, regardless of the state or country in which the conviction	96661
occurred;	96662

(2) Violation of any provision of sections 4755.04 to 4755.13	96663
of the Revised Code;	96664

(3) Violation of any lawful order or rule of the occupational	96665
therapy section;	96666

(4) Obtaining or attempting to obtain a license or limited	96667
permit issued by the occupational therapy section by fraud or	96668
deception, including the making of a false, fraudulent, deceptive,	96669
or misleading statements in relation to these activities;	96670

(5) Negligence, unprofessional conduct, or gross misconduct	96671
in the practice of the profession of occupational therapy;	96672

(6) Accepting commissions or rebates or other forms of	96673
remuneration for referring persons to other professionals;	96674

(7) Communicating, without authorization, information	96675
received in professional confidence;	96676

(8) Using controlled substances, habit forming drugs, or	96677
alcohol to an extent that it impairs the ability to perform the	96678
work of an occupational therapist, occupational therapy assistant,	96679
occupational therapist limited permit holder, or occupational	96680
therapy assistant limited permit holder;	96681

(9) Practicing in an area of occupational therapy for which	96682
the individual is untrained or incompetent;	96683

(10) Failing the licensing or Ohio jurisprudence examination;

96684

(11) Aiding, abetting, directing, or supervising the	96685
unlicensed practice of occupational therapy;	96686

(12) Denial, revocation, suspension, or restriction of	96687
authority to practice a health care occupation, including	96688
occupational therapy, for any reason other than a failure to	96689
renew, in Ohio or another state or jurisdiction;	96690

(13) Except as provided in division (B) of this section:

96691

(a) Waiving the payment of all or any part of a deductible or	96692
copayment that a patient, pursuant to a health insurance or health	96693
care policy, contract, or plan that covers occupational therapy,	96694
would otherwise be required to pay if the waiver is used as an	96695
enticement to a patient or group of patients to receive health	96696
care services from that provider;	96697

(b) Advertising that the individual will waive the payment of	96698
all or any part of a deductible or copayment that a patient,	96699
pursuant to a health insurance or health care policy, contract, or	96700
plan that covers occupational therapy, would otherwise be required	96701
to pay.	96702

(14) Working or representing oneself as an occupational	96703
therapist, occupational therapy assistant, occupational therapist	96704
limited permit holder, or occupational therapy assistant limited	96705
permit holder without a current and valid license or limited	96706
permit issued by the occupational therapy section;	96707

(15) Engaging in a deceptive trade practice, as defined in	96708
section 4165.02 of the Revised Code;	96709

(16) Violation of the standards of ethical conduct in the	96710
practice of occupational therapy as identified by the occupational	96711
therapy section;	96712

(17) A departure from, or the failure to conform to, minimal	96713
standards of care required of licensees or limited permit holders,	96714
whether or not actual injury to a patient is established;	96715

(18) An adjudication by a court that the applicant, licensee,	96716
or limited permit holder is incompetent for the purpose of holding	96717
a license or limited permit and has not thereafter been restored	96718
to legal capacity for that purpose;	96719

(19)(a) Except as provided in division (A)(19)(b) of this	96720
section, failure to cooperate with an investigation conducted by	96721
the occupational therapy section, including failure to comply with	96722
a subpoena or orders issued by the section or failure to answer	96723
truthfully a question presented by the section at a deposition or	96724
in written interrogatories.	96725

(b) Failure to cooperate with an investigation does not	96726
constitute grounds for discipline under this section if a court of	96727
competent jurisdiction issues an order that either quashes a	96728
subpoena or permits the individual to withhold the testimony or	96729
evidence at issue.	96730

(20) Conviction of a misdemeanor reasonably related to the	96731
practice of occupational therapy, regardless of the state or	96732
country in which the conviction occurred;	96733

(21) Inability to practice according to acceptable and	96734
prevailing standards of care because of mental or physical	96735
illness, including physical deterioration that adversely affects	96736
cognitive, motor, or perception skills;	96737

(22) Violation of conditions, limitations, or agreements	96738
placed by the occupational therapy section on a license or limited	96739
permit to practice;	96740

(23) Making a false, fraudulent, deceptive, or misleading	96741
statement in the solicitation of or advertising for patients in	96742
relation to the practice of occupational therapy;	96743

(24) Failure to complete continuing education requirements as	96744
prescribed in rules adopted by the occupational therapy section	96745
under section 4755.06 of the Revised Code.	96746

(B) Sanctions shall not be imposed under division (A)(13) of	96747
this section against any individual who waives deductibles and	96748
copayments as follows:	96749

(1) In compliance with the health benefit plan that expressly	96750
allows such a practice. Waiver of the deductibles or copayments	96751
shall be made only with the full knowledge and consent of the plan	96752
purchaser, payer, and third-party administrator. Documentation of	96753
the consent shall be made available to the section upon request.	96754

(2) For professional services rendered to any other person	96755
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	96756
Code to the extent allowed by those sections and the rules of the	96757
occupational therapy section.	96758

(C) Except as provided in division (D) of this section, the	96759
suspension or revocation of a license or limited permit under this	96760
section is not effective until either the order for suspension or	96761
revocation has been affirmed following an adjudication hearing, or	96762
the time for requesting a hearing has elapsed.	96763

When a license or limited permit is revoked under this	96764
section, application for reinstatement may not be made sooner than	96765
one year after the date of revocation. The occupational therapy	96766
section may accept or refuse an application for reinstatement and	96767
may require that the applicant pass an examination as a condition	96768
of reinstatement.	96769

When a license or limited permit holder is placed on	96770
probation under this section, the occupational therapy section's	96771
probation order shall be accompanied by a statement of the	96772
conditions under which the individual may be removed from	96773
probation and restored to unrestricted practice.	96774

(D) On receipt of a complaint that a person who holds a	96775
license or limited permit issued by the occupational therapy	96776
section has committed any of the prohibited actions listed in	96777
division (A) of this section, the section may immediately suspend	96778
the license or limited permit prior to holding a hearing in	96779
accordance with Chapter 119. of the Revised Code if it determines,	96780
based on the complaint, that the licensee or limited permit holder	96781
poses an immediate threat to the public. The section may review	96782
the allegations and vote on the suspension by telephone conference	96783
call. If the section votes to suspend a license or limited permit	96784
under this division, the section shall ~~notify~~issue a written	96785
order of summary suspension to the licensee or limited permit	96786
holder ~~of the suspension~~ in accordance with section 119.07 of the	96787
Revised Code. If the individual whose license or limited permit is	96788
suspended fails to make a timely request for an adjudication under	96789
Chapter 119. of the Revised Code, the section shall enter a final	96790
order permanently revoking the individual's license or limited	96791
permit. Notwithstanding section 119.12 of the Revised Code, a	96792
court of common pleas shall not grant a suspension of the	96793
section's order of summary suspension pending the determination of	96794
an appeal filed under that section. Any order of summary	96795
suspension issued under this division shall remain in effect,	96796
unless reversed on appeal, until a final adjudication order issued	96797
by the section pursuant to division (A) of this section becomes	96798
effective. The section shall issue its final adjudication order	96799
regarding an order of summary suspension issued under this	96800
division not later than ninety days after completion of its	96801
hearing. Failure to issue the order within ninety days shall	96802
result in immediate dissolution of the suspension order, but shall	96803
not invalidate any subsequent, final adjudication order.	96804

(E) If any person other than a person who holds a license or	96805
limited permit issued under section 4755.08 of the Revised Code	96806
has engaged in any practice that is prohibited under sections	96807
4755.04 to 4755.13 of the Revised Code or the rules of the	96808
occupational therapy section, the section may apply to the court	96809
of common pleas of the county in which the violation occurred, for	96810
an injunction or other appropriate order restraining this conduct,	96811
and the court shall issue this order.	96812

Sec. 4755.47. (A) In accordance with Chapter 119. of the	96813
Revised Code, the physical therapy section of the Ohio	96814
occupational therapy, physical therapy, and athletic trainers	96815
board may refuse to grant a license to an applicant for an initial	96816
or renewed license as a physical therapist or physical therapist	96817
assistant or, by an affirmative vote of not less than five	96818
members, may limit, suspend, or revoke the license of a physical	96819
therapist or physical therapist assistant or reprimand, fine,	96820
place a license holder on probation, or require the license holder	96821
to take corrective action courses, on any of the following	96822
grounds:	96823

(1) Habitual indulgence in the use of controlled substances,	96824
other habit-forming drugs, or alcohol to an extent that affects	96825
the individual's professional competency;	96826

(2) Conviction of a felony or a crime involving moral	96827
turpitude, regardless of the state or country in which the	96828
conviction occurred;	96829

(3) Obtaining or attempting to obtain a license issued by the	96830
physical therapy section by fraud or deception, including the	96831
making of a false, fraudulent, deceptive, or misleading statement;	96832

(4) An adjudication by a court, as provided in section	96833
5122.301 of the Revised Code, that the applicant or licensee is	96834
incompetent for the purpose of holding the license and has not	96835
thereafter been restored to legal capacity for that purpose;	96836

(5) Subject to section 4755.471 of the Revised Code,	96837
violation of the code of ethics adopted by the physical therapy	96838
section;	96839

(6) Violating or attempting to violate, directly or	96840
indirectly, or assisting in or abetting the violation of or	96841
conspiring to violate sections 4755.40 to 4755.56 of the Revised	96842
Code or any order issued or rule adopted under those sections;	96843

(7) Failure of one or both of the examinations required under	96844
section 4755.43 or 4755.431 of the Revised Code;	96845

(8) Permitting the use of one's name or license by a person,	96846
group, or corporation when the one permitting the use is not	96847
directing the treatment given;	96848

(9) Denial, revocation, suspension, or restriction of	96849
authority to practice a health care occupation, including physical	96850
therapy, for any reason other than a failure to renew, in Ohio or	96851
another state or jurisdiction;	96852

(10) Failure to maintain minimal standards of practice in the	96853
administration or handling of drugs, as defined in section 4729.01	96854
of the Revised Code, or failure to employ acceptable scientific	96855
methods in the selection of drugs, as defined in section 4729.01	96856
of the Revised Code, or other modalities for treatment;	96857

(11) Willful betrayal of a professional confidence;

96858

(12) Making a false, fraudulent, deceptive, or misleading	96859
statement in the solicitation of or advertising for patients in	96860
relation to the practice of physical therapy;	96861

(13) A departure from, or the failure to conform to, minimal	96862
standards of care required of licensees when under the same or	96863
similar circumstances, whether or not actual injury to a patient	96864
is established;	96865

(14) Obtaining, or attempting to obtain, money or anything of	96866
value by fraudulent misrepresentations in the course of practice;	96867

(15) Violation of the conditions of limitation or agreements	96868
placed by the physical therapy section on a license to practice;	96869

(16) Failure to renew a license in accordance with section	96870
4755.46 of the Revised Code;	96871

(17) Except as provided in section 4755.471 of the Revised	96872
Code, engaging in the division of fees for referral of patients or	96873
receiving anything of value in return for a specific referral of a	96874
patient to utilize a particular service or business;	96875

(18) Inability to practice according to acceptable and	96876
prevailing standards of care because of mental illness or physical	96877
illness, including physical deterioration that adversely affects	96878
cognitive, motor, or perception skills;	96879

(19) The revocation, suspension, restriction, or termination	96880
of clinical privileges by the United States department of defense	96881
or department of veterans affairs;	96882

(20) Termination or suspension from participation in the	96883
medicare or medicaid program established under Title XVIII and	96884
Title XIX, respectively, of the "Social Security Act," 49 Stat.	96885
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	96886
constitute a violation of sections 4755.40 to 4755.56 of the	96887
Revised Code;	96888

(21) Failure of a physical therapist to maintain supervision	96889
of a student, physical therapist assistant, unlicensed support	96890
personnel, other assistant personnel, or a license applicant in	96891
accordance with the requirements of sections 4755.40 to 4755.56 of	96892
the Revised Code and rules adopted under those sections;	96893

(22) Failure to complete continuing education requirements as	96894
prescribed in section 4755.51 or 4755.511 of the Revised Code or	96895
to satisfy any rules applicable to continuing education	96896
requirements that are adopted by the physical therapy section;	96897

(23) Conviction of a misdemeanor when the act that	96898
constitutes the misdemeanor occurs during the practice of physical	96899
therapy;	96900

(24)(a) Except as provided in division (A)(24)(b) of this	96901
section, failure to cooperate with an investigation conducted by	96902
the physical therapy section, including failure to comply with a	96903
subpoena or orders issued by the section or failure to answer	96904
truthfully a question presented by the section at a deposition or	96905
in written interrogatories.	96906

(b) Failure to cooperate with an investigation does not	96907
constitute grounds for discipline under this section if a court of	96908
competent jurisdiction issues an order that either quashes a	96909
subpoena or permits the individual to withhold the testimony or	96910
evidence at issue.	96911

(25) Regardless of whether the contact or verbal behavior is	96912
consensual, engaging with a patient other than the spouse of the	96913
physical therapist or physical therapist assistant, in any of the	96914
following:	96915

(a) Sexual contact, as defined in section 2907.01 of the	96916
Revised Code;	96917

(b) Verbal behavior that is sexually demeaning to the patient	96918
or may be reasonably interpreted by the patient as sexually	96919
demeaning.	96920

(26) Failure to notify the physical therapy section of a	96921
change in name, business address, or home address within thirty	96922
days after the date of change;	96923

(27) Except as provided in division (B) of this section:

96924

(a) Waiving the payment of all or any part of a deductible or	96925
copayment that a patient, pursuant to a health insurance or health	96926
care policy, contract, or plan that covers physical therapy, would	96927
otherwise be required to pay if the waiver is used as an	96928
enticement to a patient or group of patients to receive health	96929
care services from that provider;	96930

(b) Advertising that the individual will waive the payment of	96931
all or any part of a deductible or copayment that a patient,	96932
pursuant to a health insurance or health care policy, contract, or	96933
plan that covers physical therapy, would otherwise be required to	96934
pay;	96935

(28) Violation of any section of this chapter or rule adopted	96936
under it.	96937

(B) Sanctions shall not be imposed under division (A)(27) of	96938
this section against any individual who waives deductibles and	96939
copayments as follows:	96940

(1) In compliance with the health benefit plan that expressly	96941
allows such a practice. Waiver of the deductibles or copayments	96942
shall be made only with the full knowledge and consent of the plan	96943
purchaser, payer, and third-party administrator. Documentation of	96944
the consent shall be made available to the physical therapy	96945
section upon request.	96946

(2) For professional services rendered to any other person	96947
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	96948
Code to the extent allowed by those sections and the rules of the	96949
physical therapy section.	96950

(C) When a license is revoked under this section, application	96951
for reinstatement may not be made sooner than one year after the	96952
date of revocation. The physical therapy section may accept or	96953
refuse an application for reinstatement and may require that the	96954
applicant pass an examination as a condition for reinstatement.	96955

When a license holder is placed on probation under this	96956
section, the physical therapy section's order for placement on	96957
probation shall be accompanied by a statement of the conditions	96958
under which the individual may be removed from probation and	96959
restored to unrestricted practice.	96960

(D) When an application for an initial or renewed license is	96961
refused under this section, the physical therapy section shall	96962
notify the applicant in writing of the section's decision to	96963
refuse issuance of a license and the reason for its decision.	96964

(E) On receipt of a complaint that a person licensed by the	96965
physical therapy section has committed any of the actions listed	96966
in division (A) of this section, the physical therapy section may	96967
immediately suspend the license of the physical therapist or	96968
physical therapist assistant prior to holding a hearing in	96969
accordance with Chapter 119. of the Revised Code if it determines,	96970
based on the complaint, that the person poses an immediate threat	96971
to the public. The physical therapy section may review the	96972
allegations and vote on the suspension by telephone conference	96973
call. If the physical therapy section votes to suspend a license	96974
under this division, the physical therapy section shall ~~notify~~	96975
issue a written order of summary suspension to the person ~~of the~~	96976
~~suspension~~ in accordance with section 119.07 of the Revised Code.	96977
If the person fails to make a timely request for an adjudication	96978
under Chapter 119. of the Revised Code, the physical therapy	96979
section shall enter a final order permanently revoking the	96980
person's license. Notwithstanding section 119.12 of the Revised	96981
Code, a court of common pleas shall not grant a suspension of the	96982
physical therapy section's order of summary suspension pending the	96983
determination of an appeal filed under that section. Any order of	96984
summary suspension issued under this division shall remain in	96985
effect, unless reversed on appeal, until a final adjudication	96986
order issued by the physical therapy section pursuant to division	96987
(A) of this section becomes effective. The physical therapy	96988
section shall issue its final adjudication order regarding an	96989
order of summary suspension issued under this division not later	96990
than ninety days after completion of its hearing. Failure to issue	96991
the order within ninety days shall result in immediate dissolution	96992
of the suspension order, but shall not invalidate any subsequent,	96993
final adjudication order.	96994

Sec. 4755.481. (A) If a physical therapist evaluates and	96995
treats a patient without the prescription of, or the referral of	96996
the patient by, a person described in division (G)(1) of section	96997
4755.48 of the Revised Code, all of the following apply:	96998

(1) The physical therapist shall, upon consent of the	96999
patient, inform the relevant person described in division (G)(1)	97000
of section 4755.48 of the Revised Code of the evaluation not later	97001
than five business days after the evaluation is made.	97002

(2) If the physical therapist determines, based on reasonable	97003
evidence, that no substantial progress has been made with respect	97004
to that patient during the thirty-day period immediately following	97005
the date of the patient's initial visit with the physical	97006
therapist, the physical therapist shall consult with or refer the	97007
patient to a person described in division (G)(1) of section	97008
4755.48 of the Revised Code, unless either of the following	97009
applies:	97010

(a) The evaluation, treatment, or services are being provided	97011
for fitness, wellness, or prevention purposes.	97012

(b) The patient previously was diagnosed with chronic,	97013
neuromuscular, or developmental conditions and the evaluation,	97014
treatment, or services are being provided for problems or symptoms	97015
associated with one or more of those previously diagnosed	97016
conditions.	97017

(3) If the physical therapist determines that orthotic	97018
devices are necessary to treat the patient, the physical therapist	97019
shall be limited to the application of the following orthotic	97020
devices:	97021

(a) Upper extremity adaptive equipment used to facilitate the	97022
activities of daily living;	97023

(b) Finger splints;

97024

97025

(d) Prefabricated elastic or fabric abdominal supports with	97026
or without metal or plastic reinforcing stays and other	97027
prefabricated soft goods requiring minimal fitting;	97028

(e) Nontherapeutic accommodative inlays;

97029

(f) Shoes that are not manufactured or modified for a	97030
particular individual;	97031

(g) Prefabricated foot care products;

97032

(h) Custom foot orthotics;

97033

(i) Durable medical equipment.

97034

(4) If, at any time, the physical therapist has reason to	97035
believe that the patient has symptoms or conditions that require	97036
treatment or services beyond the scope of practice of a physical	97037
therapist, the physical therapist shall refer the patient to a	97038
licensed health care practitioner acting within the practitioner's	97039
scope of practice.	97040

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	97041
Code shall be construed to require reimbursement under any health	97042
insuring corporation policy, contract, or agreement, any sickness	97043
and accident insurance policy, the ~~medical assistance~~medicaid	97044
program ~~as defined in section 5111.01 of the Revised Code~~, or the	97045
health partnership program or qualified health plans established	97046
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	97047
any physical therapy service rendered without the prescription of,	97048
or the referral of the patient by, a person described in division	97049
(G)(1) of section 4755.48 of the Revised Code.	97050

(C) For purposes of this section, "business day" means any	97051
calendar day that is not a Saturday, Sunday, or legal holiday.	97052
"Legal holiday" has the same meaning as in section 1.14 of the	97053
Revised Code.	97054

Sec. 4755.64. (A) In accordance with Chapter 119. of the	97055
Revised Code, the athletic trainers section of the Ohio	97056
occupational therapy, physical therapy, and athletic trainers	97057
board may suspend, revoke, or refuse to issue or renew an athletic	97058
trainers license, or reprimand, fine, or place a licensee on	97059
probation, for any of the following:	97060

(1) Conviction of a felony or offense involving moral	97061
turpitude, regardless of the state or country in which the	97062
conviction occurred;	97063

(2) Violation of sections 4755.61 to 4755.65 of the Revised	97064
Code or any order issued or rule adopted thereunder;	97065

(3) Obtaining a license through fraud, false or misleading	97066
representation, or concealment of material facts;	97067

(4) Negligence or gross misconduct in the practice of	97068
athletic training;	97069

(5) Violating the standards of ethical conduct in the	97070
practice of athletic training as adopted by the athletic trainers	97071
section under section 4755.61 of the Revised Code;	97072

(6) Using any controlled substance or alcohol to the extent	97073
that the ability to practice athletic training at a level of	97074
competency is impaired;	97075

(7) Practicing in an area of athletic training for which the	97076
individual is untrained, incompetent, or practicing without the	97077
referral of a practitioner licensed under Chapter 4731. of the	97078
Revised Code, a dentist licensed under Chapter 4715. of the	97079
Revised Code, a chiropractor licensed under Chapter 4734. of the	97080
Revised Code, or a physical therapist licensed under this chapter;	97081

(8) Employing, directing, or supervising a person in the	97082
performance of athletic training procedures who is not authorized	97083
to practice as a licensed athletic trainer under this chapter;	97084

(9) Misrepresenting educational attainments or the functions	97085
the individual is authorized to perform for the purpose of	97086
obtaining some benefit related to the individual's athletic	97087
training practice;	97088

(10) Failing the licensing examination;

97089

(11) Aiding or abetting the unlicensed practice of athletic	97090
training;	97091

(12) Denial, revocation, suspension, or restriction of	97092
authority to practice a health care occupation, including athletic	97093
training, for any reason other than a failure to renew, in Ohio or	97094
another state or jurisdiction.	97095

(B) If the athletic trainers section places a licensee on	97096
probation under division (A) of this section, the section's order	97097
for placement on probation shall be accompanied by a written	97098
statement of the conditions under which the person may be removed	97099
from probation and restored to unrestricted practice.	97100

(C) A licensee whose license has been revoked under division	97101
(A) of this section may apply to the athletic trainers section for	97102
reinstatement of the license one year following the date of	97103
revocation. The athletic trainers section may accept or deny the	97104
application for reinstatement and may require that the applicant	97105
pass an examination as a condition for reinstatement.	97106

(D) On receipt of a complaint that a person licensed by the	97107
athletic trainers section has committed any of the prohibited	97108
actions listed in division (A) of this section, the section may	97109
immediately suspend the license of a licensed athletic trainer	97110
prior to holding a hearing in accordance with Chapter 119. of the	97111
Revised Code if it determines, based on the complaint, that the	97112
licensee poses an immediate threat to the public. The section may	97113
review the allegations and vote on the suspension by telephone	97114
conference call. If the section votes to suspend a license under	97115
this division, the section shall ~~notify~~issue a written order of	97116
summary suspension to the licensed athletic trainer ~~of the~~	97117
~~suspension~~ in accordance with section 119.07 of the Revised Code.	97118
If the individual whose license is suspended fails to make a	97119
timely request for an adjudication under Chapter 119. of the	97120
Revised Code, the section shall enter a final order permanently	97121
revoking the individual's license. Notwithstanding section 119.12	97122
of the Revised Code, a court of common pleas shall not grant a	97123
suspension of the section's order of summary suspension pending	97124
the determination of an appeal filed under that section. Any order	97125
of summary suspension issued under this division shall remain in	97126
effect, unless reversed on appeal, until a final adjudication	97127
order issued by the section pursuant to division (A) of this	97128
section becomes effective. The section shall issue its final	97129
adjudication order regarding an order of summary suspension issued	97130
under this division not later than ninety days after completion of	97131
its hearing. Failure to issue the order within ninety days shall	97132
result in immediate dissolution of the suspension order, but shall	97133
not invalidate any subsequent, final adjudication order.	97134

Sec. 4758.10. (A) There is hereby created the chemical	97135
dependency professionals board.	97136

(B) The governor shall appoint all of the following voting	97137
members of the board with the advice and consent of the senate:	97138

(1) Four individuals who hold a valid independent chemical	97139
dependency counselor-clinical supervisor license or independent	97140
chemical dependency counselor license issued under this chapter,	97141
including at least two of whom have received at least a master's	97142
degree in a field related to chemical dependency counseling from	97143
an accredited educational institution;	97144

(2) Two individuals who hold a valid chemical dependency	97145
counselor III license issued under this chapter;	97146

(3) One individual who holds a valid chemical dependency	97147
counselor II license issued under this chapter;	97148

(4) Two individuals who hold a valid prevention specialist II	97149
certificate or prevention specialist I certificate issued under	97150
this chapter;	97151

(5) One individual who is authorized under Chapter 4731. of	97152
the Revised Code to practice medicine and surgery or osteopathic	97153
medicine and surgery and has experience practicing in a field	97154
related to chemical dependency counseling;	97155

(6) Two individuals who represent the public and have not	97156
practiced chemical dependency counseling or alcohol and other drug	97157
prevention services and have not been involved in the delivery of	97158
chemical dependency counseling services or alcohol and other drug	97159
prevention services. At least one of these individuals shall be at	97160
least ~~sixty~~fifty years of age. During their terms, the public	97161
members shall not practice chemical dependency counseling or	97162
alcohol and other drug prevention services or be involved in the	97163
delivery of chemical dependency counseling services or alcohol and	97164
other drug prevention services.	97165

(C) Not later than ninety days after December 23, 2002, the	97166
director of ~~alcohol and drug addiction services~~mental health and	97167
addiction services shall appoint an individual who represents the	97168
department of ~~alcohol and drug addiction services~~mental health	97169
and addiction services to serve as an ex officio member of the	97170
chemical dependency professionals board.	97171

(D) Not more than one-half of the voting members of the board	97172
may be of the same gender or members of the same political party.	97173
At least two voting members of the board shall be of African,	97174
Native American, Hispanic, or Asian descent.	97175

Sec. 4758.11. Of the initial appointees to the chemical	97176
dependency professionals board appointed by the governor under	97177
division (B) of section 4758.10 of the Revised Code, four shall be	97178
appointed for terms ending one year after ~~the effective date of~~	97179
~~this section~~December 23, 2002, four shall be appointed for terms	97180
ending two years after ~~the effective date of this section~~December	97181
23, 2002, and four shall be appointed for terms ending three years	97182
after ~~the effective date of this section~~December 23, 2002. After	97183
the initial appointments, terms of office shall be three years,	97184
each term ending on the same day of the same month of the year as	97185
the term it succeeds.	97186

A voting member of the board shall hold office from the date	97187
of appointment until the end of the term for which the member was	97188
appointed. A voting member appointed to fill a vacancy occurring	97189
prior to the expiration of the term for which the member's	97190
predecessor was appointed shall hold office for the remainder of	97191
that term. A voting member shall continue in office after the	97192
expiration date of the member's term until the member's successor	97193
takes office or until a period of sixty days has elapsed,	97194
whichever occurs first. Voting members may be reappointed, except	97195
that an individual who has held office for two consecutive full	97196
terms shall not be reappointed sooner than one year after the	97197
expiration of the second full term.	97198

The ex officio member of the board appointed by the director	97199
of ~~alcohol and drug addiction services~~mental health and addiction	97200
services under division (C) of section 4758.10 of the Revised Code	97201
shall serve at the pleasure of the director.	97202

Sec. 4761.01. As used in this chapter:

97203

(A) "Respiratory care" means rendering or offering to render	97204
to individuals, groups, organizations, or the public any service	97205
involving the evaluation of cardiopulmonary function, the	97206
treatment of cardiopulmonary impairment, the assessment of	97207
treatment effectiveness, and the care of patients with	97208
deficiencies and abnormalities associated with the cardiopulmonary	97209
system. The practice of respiratory care includes:	97210

(1) Obtaining, analyzing, testing, measuring, and monitoring	97211
blood and gas samples in the determination of cardiopulmonary	97212
parameters and related physiologic data, including flows,	97213
pressures, and volumes, and the use of equipment employed for this	97214
purpose;	97215

(2) Administering, monitoring, recording the results of, and	97216
instructing in the use of medical gases, aerosols, and	97217
bronchopulmonary hygiene techniques, including drainage,	97218
aspiration, and sampling, and applying, maintaining, and	97219
instructing in the use of artificial airways, ventilators, and	97220
other life support equipment employed in the treatment of	97221
cardiopulmonary impairment and provided in collaboration with	97222
other licensed health care professionals responsible for providing	97223
care;	97224

(3) Performing cardiopulmonary resuscitation and respiratory	97225
rehabilitation techniques;	97226

(4) Administering medications for the testing or treatment of	97227
cardiopulmonary impairment.	97228

(B) "Respiratory care professional" means a person who is	97229
licensed under this chapter to practice the full range of	97230
respiratory care services as defined in division (A) of this	97231
section.	97232

(C) "Physician" means an individual authorized under Chapter	97233
4731. of the Revised Code to practice medicine and surgery or	97234
osteopathic medicine and surgery.	97235

(D) "Registered nurse" means an individual licensed under	97236
Chapter 4723. of the Revised Code to engage in the practice of	97237
nursing as a registered nurse.	97238

(E) "Hospital" means a facility that meets the operating	97239
standards of section 3727.02 of the Revised Code.	97240

(F) "Nursing facility" has the same meaning as in section	97241
~~5111.20~~5165.01 of the Revised Code.	97242

Sec. 4776.01. As used in this chapter:

97243

(A) "License" means an authorization evidenced by a license,	97244
certificate, registration, permit, card, or other authority that	97245
is issued or conferred by a licensing agency to a licensee or to	97246
an applicant for an initial license by which the licensee or	97247
initial license applicant has or claims the privilege to engage in	97248
a profession, occupation, or occupational activity, or, except in	97249
the case of the state dental board, to have control of and operate	97250
certain specific equipment, machinery, or premises, over which the	97251
licensing agency has jurisdiction.	97252

(B) Except as provided in section 4776.20 of the Revised	97253
Code, "licensee" means the person to whom the license is issued by	97254
a licensing agency.	97255

(C) Except as provided in section 4776.20 of the Revised	97256
Code, "licensing agency" means any of the following:	97257

(1) The board authorized by Chapters 4701., 4717., 4725.,	97258
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	97259
4759., 4760., 4761., 4762., ~~and~~ 4779., and 4783. of the Revised	97260
Code to issue a license to engage in a specific profession,	97261
occupation, or occupational activity, or to have charge of and	97262
operate certain specified equipment, machinery, or premises.	97263

(2) The state dental board, relative to its authority to	97264
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	97265
4715.27 of the Revised Code.	97266

(D) "Applicant for an initial license" includes persons	97267
seeking a license for the first time and persons seeking a license	97268
by reciprocity, endorsement, or similar manner of a license issued	97269
in another state.	97270

(E) "Applicant for a restored license" includes persons	97271
seeking restoration of a certificate under section 4730.14,	97272
4731.281, 4760.06, or 4762.06 of the Revised Code.	97273

(F) "Criminal records check" has the same meaning as in	97274
section 109.572 of the Revised Code.	97275

Sec. 4778.02. (A)(1) Except as provided in division (B) of	97276
this section, no person shall practice as a genetic counselor	97277
unless the person holds a current, valid license to practice as a	97278
genetic counselor issued under this chapter.	97279

(2) No person shall use the title "genetic counselor," or	97280
otherwise hold the person out as a genetic counselor, unless the	97281
person holds a current, valid license to practice as a genetic	97282
counselor issued under this chapter.	97283

(B) Division (A)(1) of this section does not apply to either	97284
of the following:	97285

(1) A student performing an activity as part of a genetic	97286
counseling graduate program described in division (B)~~(2)~~(1)(b) of	97287
section 4778.03 of the Revised Code;	97288

(2) A person who is authorized pursuant to another provision	97289
of the Revised Code to perform any of the activities that a	97290
genetic counselor is authorized to perform.	97291

Sec. 4778.03. (A) An individual seeking a license to	97292
practice as a genetic counselor shall file with the state medical	97293
board an application in a manner prescribed by the board. The	97294
application shall include all the information the board considers	97295
necessary to process the application, including evidence	97296
satisfactory to the board that the applicant meets the	97297
requirements specified in division (B) of this section.	97298

At the time an application is submitted, the applicant shall	97299
pay the board an application fee of two hundred dollars. No part	97300
of the fee shall be returned to the applicant or transferred for	97301
purposes of another application.	97302

(B)(1) To be eligible to receive a license to practice as a	97303
genetic counselor, an applicant shall demonstrate to the board	97304
that the applicant meets all of the following requirements:	97305

~~(1)~~(a) Is at least eighteen years of age and of good moral	97306
character;	97307

~~(2) Has~~(b) Except as provided in division (B)(2) of this	97308
section, has attained a master's degree or higher degree from a	97309
genetic counseling graduate program accredited by the American	97310
board of genetic counseling, inc.;	97311

~~(3)~~(c) Is a certified genetic counselor;

97312

~~(4)~~(d) Has satisfied any other requirements established by	97313
the board in rules adopted under section 4778.12 of the Revised	97314
Code.	97315

(2) In the case of an applicant who files an application not	97316
later than December 31, 2013, and meets all eligibility	97317
requirements other than the requirement specified in division	97318
(B)(1)(b) of this section, the applicant is eligible for a license	97319
to practice as a genetic counselor if the applicant has attained a	97320
master's or higher degree in education or in a field that the	97321
state medical board considers to be closely related to genetic	97322
counseling.	97323

(C) The board shall review all applications received under	97324
this section. Not later than sixty days after receiving an	97325
application it considers complete, the board shall determine	97326
whether the applicant meets the requirements for a license to	97327
practice as a genetic counselor. The affirmative vote of not fewer	97328
than six members of the board is required to determine that the	97329
applicant meets the requirements for the license.	97330

Sec. 4781.121. (A) The manufactured homes commission,	97331
pursuant to section 4781.04 of the Revised Code, may investigate	97332
any person who allegedly has committed a violation. If, after an	97333
investigation the commission determines that reasonable evidence	97334
exists that a person has committed a violation, within seven days	97335
after that determination, the commission shall send a written	97336
notice to that person in the same manner as prescribed in section	97337
119.07 of the Revised Code for licensees, except that the notice	97338
shall specify that a hearing will be held and specify the date,	97339
time, and place of the hearing.	97340

(B) The commission shall hold a hearing regarding the alleged	97341
violation in the same manner prescribed for an adjudication	97342
hearing under section 119.09 of the Revised Code. If the	97343
commission, after the hearing, determines that a violation has	97344
occurred, the commission, upon an affirmative vote of five of its	97345
members, may impose a fine not exceeding one thousand dollars per	97346
violation per day. The commission's determination is an order that	97347
the person may appeal in accordance with section 119.12 of the	97348
Revised Code.	97349

(C) If the person who allegedly committed a violation fails	97350
to appear for a hearing, the commission may request the court of	97351
common pleas of the county where the alleged violation occurred to	97352
compel the person to appear before the commission for a hearing.	97353

(D) If the commission assesses a person a civil penalty for a	97354
violation and the person fails to pay that civil penalty within	97355
the time period prescribed by the commission pursuant to section	97356
131.02 of the Revised Code, the commission shall forward to the	97357
attorney general the name of the person and the amount of the	97358
civil penalty for the purpose of collecting that civil penalty. In	97359
addition to the civil penalty assessed pursuant to this section,	97360
the person also shall pay any fee assessed by the attorney general	97361
for collection of the civil penalty.	97362

(E) The authority provided to the commission pursuant to this	97363
section, and any fine imposed under this section, shall be in	97364
addition to, and not in lieu of, all penalties and other remedies	97365
provided in this chapter. Any fines collected pursuant to this	97366
section shall be used solely to administer and enforce this	97367
chapter and rules adopted under it. Any fees collected pursuant to	97368
this section shall be transmitted to the treasurer of state and	97369
shall be credited to the manufactured homes commission regulatory	97370
fund created in section 4781.54 of the Revised Code and the rules	97371
adopted thereunder. The fees shall be used only for the purpose of	97372
administering and enforcing sections 4781.26 to 4781.35 of the	97373
Revised Code and the rules adopted thereunder.	97374

(F) As used in this section, "violation" means a violation of	97375
section 4781.11, 4781.16, or 4781.27 of the Revised Code, or any	97376
rule adopted pursuant to ~~section 4781.04, of the Revised Code~~this	97377
chapter.	97378

Sec. 4781.28. The manufactured homes commission may charge a	97379
fee for an annual license to operate a manufactured home park. The	97380
fee for a license shall be determined in accordance with section	97381
~~4781.26~~4781.27 of the Revised Code and shall include the cost of	97382
licensing and all inspections.	97383

Any fees collected shall be transmitted to the treasurer of	97384
state and shall be credited to the manufactured homes commission	97385
regulatory fund created in section 4781.54 of the Revised Code and	97386
used only for the purpose of administering and enforcing sections	97387
4781.26 to 4781.35 of the Revised Code and the rules adopted	97388
thereunder.	97389

Sec. 4781.29. The manufactured homes commission may refuse	97390
to grant, may suspend, or may revoke any license granted to any	97391
person for failure to comply with ~~sections 4781.26 to 4781.35 of~~	97392
~~the Revised Code~~this chapter or with any rule adopted under	97393
~~section 4781.26 of the Revised Code~~this chapter.	97394

Sec. 4783.01. As used in this chapter:

97395

(A) "Certified Ohio behavior analyst" means an individual	97396
holding a current, valid certificate issued under section 4783.04	97397
of the Revised Code.	97398

(B)(1) "Practice of applied behavior analysis" means the	97399
design, implementation, and evaluation of instructional and	97400
environmental modifications to produce socially significant	97401
improvements in human behavior and includes the following:	97402

(a) The empirical identification of functional relations	97403
between behavior and environmental factors, known as functional	97404
assessment and analysis;	97405

(b) Interventions based on scientific research and the direct	97406
observation and measurement of behavior and the environment;	97407

(c) Utilization of contextual factors, motivating operations,	97408
antecedent stimuli, positive reinforcement, and other consequences	97409
to help people develop new behaviors, increase or decrease	97410
existing behaviors, and emit behaviors under specific	97411
environmental conditions.	97412

(2) "Practice of applied behavior analysis" does not include	97413
psychological testing, diagnosis of a mental or physical disorder,	97414
neuropsychology, psychotherapy, cognitive therapy, sex therapy,	97415
psychoanalysis, hypnotherapy, and long-term counseling as	97416
treatment modalities.	97417

Sec. 4783.02. (A) Except as otherwise provided in division	97418
(B) of this section, no person shall do either of the following:	97419

(1) Engage in the practice of applied behavior analysis in	97420
this state without holding a certificate issued under section	97421
4783.04 of the Revised Code;	97422

(2) Hold the person's self out to be a certified Ohio	97423
behavior analyst unless the person holds a certificate issued	97424
under section 4783.04 of the Revised Code.	97425

(B) This chapter does not apply to any of the following:

97426

(1) An individual licensed under Chapter 4732. of the Revised	97427
Code to practice psychology, if the practice of applied behavior	97428
analysis engaged in by the licensed psychologist is within the	97429
licensed psychologist's education, training, and experience;	97430

(2) An individual acting under the authority and direction of	97431
an individual described in division (B)(1) of this section;	97432

(3) An individual practicing applied behavior analysis who is	97433
supervised by a certified Ohio behavior analyst and acting under	97434
the authority and direction of that certified Ohio behavior	97435
analyst;	97436

(4) The delivery of interventions by a direct care provider	97437
or family member to implement components of an applied behavior	97438
analysis treatment plan.	97439

(5) A behavior analyst who practices with nonhuman or	97440
nonpatient clients or consumers, including applied animal	97441
behaviorists and practitioners of organizational behavior	97442
management;	97443

(6) A licensed professional authorized to practice in this	97444
state who, in the offering or rendering of services, does not	97445
represent oneself in any printed materials or verbally by	97446
incorporating the term "applied behavior analyst," if the services	97447
of the licensed professional are within the scope of practice of	97448
the licensing law governing the licensed professional and the	97449
services performed are commensurate with the licensed	97450
professional's education, training, and experience;	97451

(7) A matriculated graduate student or postdoctoral trainee	97452
whose activities are part of a defined program of study or	97453
professional training;	97454

(8) An individual employed by an agency that falls under the	97455
jurisdiction of the department of developmental disabilities when	97456
the individual is acting in the scope of that employment;	97457

(9) A professional employed in a school or other setting that	97458
falls under the regulation of the state board of education when	97459
the professional is acting within the scope of that employment.	97460

(C) For purposes of division (B)(2) or (3) of this section,	97461
an individual is not subject to this chapter only if the licensed	97462
psychologist or the certified Ohio behavior analyst under whose	97463
authority and direction the individual is acting pursuant to	97464
division (B)(2) or (3) of this section signs an attestation	97465
stating that the licensed psychologist or certified Ohio behavior	97466
analyst is responsible for the care provided by the individual.	97467

Sec. 4783.03. (A) The state board of psychology shall	97468
administer and enforce this chapter. The board shall adopt rules	97469
under Chapter 119. of the Revised Code establishing all of the	97470
following:	97471

(1) Procedures and requirements for applying for a	97472
certificate issued under section 4783.04 of the Revised Code;	97473

(2) Fees for issuance of a certificate;

97474

(3) Reductions of the hours of continuing education required	97475
by section 4783.05 of the Revised Code for persons in their first	97476
certificate period.	97477

(B) The board may adopt additional rules in accordance with	97478
Chapter 119. of the Revised Code as the board determines are	97479
necessary to implement and enforce this chapter.	97480

Sec. 4783.04. (A) An individual seeking a certificate to	97481
practice as a certified Ohio behavior analyst shall file with the	97482
state board of psychology a written application on a form	97483
prescribed and supplied by the board. To be eligible for a	97484
certificate, the individual shall do all of the following:	97485

(1) Demonstrate that the applicant is of good moral character	97486
and conducts the applicant's professional activities in accordance	97487
with accepted professional and ethical standards;	97488

(2) Comply with sections 4776.01 to 4776.04 of the Revised	97489
Code;	97490

(3) Demonstrate an understanding of the law regarding	97491
behavioral health practice;	97492

(4) Demonstrate current certification as a board certified	97493
behavior analyst by the behavior analyst certification board or	97494
its successor organization or demonstrate completion of equivalent	97495
requirements and passage of a psychometrically valid examination	97496
administered by a nationally accredited credentialing	97497
organization;	97498

(5) Pay the fee established by the state board of psychology.

97499

(B) The state board of psychology shall review all	97500
applications received under this section. The state board of	97501
psychology shall not grant a certificate to an applicant for an	97502
initial certificate unless the applicant complies with sections	97503
4776.01 to 4776.04 of the Revised Code and the state board of	97504
psychology, in its discretion, decides that the results of the	97505
criminal records check do not make the applicant ineligible for a	97506
certificate issued pursuant to section 4783.09 of the Revised	97507
Code. If the state board of psychology determines that an	97508
applicant satisfies the requirements for a certificate to practice	97509
as a certified Ohio behavior analyst, the state board of	97510
psychology shall issue the applicant a certificate.	97511

Sec. 4783.05. (A)(1) Except as otherwise provided in this	97512
division, a certificate issued under this chapter is valid for a	97513
period of two years. On or before the thirty-first day of August	97514
of each even-numbered year, each certified Ohio behavior analyst	97515
shall do both of the following:	97516

(a) Register with the state board of psychology on a form	97517
prescribed by the board, giving the certified Ohio behavior	97518
analyst's name, address, certificate number, the continuing	97519
education information required under division (B) of this section,	97520
and any other reasonable information as the board requires;	97521

(b) Pay to the board secretary a biennial registration fee in	97522
an amount of one hundred fifty dollars.	97523

(2) An individual who is issued a certificate under section	97524
4783.04 of the Revised Code for the first time on or before the	97525
thirty-first day of August of an even-numbered year shall next be	97526
required to register on or before the thirty-first day of August	97527
of the next even-numbered year.	97528

(B) Every two years a certified Ohio behavior analyst who	97529
wishes to renew the certified Ohio behavior analyst's certificate	97530
issued under this chapter shall produce proof of not less than	97531
twenty-three hours of continuing education, including not less	97532
than four hours in ethics, professional conduct, or cultural	97533
competency. Continuing education hours may be earned through	97534
providers of continuing education approved by the behavior analyst	97535
certification board or its successor organization or other	97536
organizations approved by the state board of psychology as	97537
providers of continuing education.	97538

Sec. 4783.09. (A) The state board of psychology may refuse	97539
to issue a certificate to any applicant, may issue a reprimand, or	97540
suspend or revoke the certificate of any certified Ohio behavior	97541
analyst, on any of the following grounds:	97542

(1) Conviction of a felony, or of any offense involving moral	97543
turpitude, in a court of this or any other state or in a federal	97544
court;	97545

(2) Using fraud or deceit in the procurement of the	97546
certificate to practice applied behavior analysis or knowingly	97547
assisting another in the procurement of such a certificate through	97548
fraud or deceit;	97549

(3) Accepting commissions or rebates or other forms of	97550
remuneration for referring persons to other professionals;	97551

(4) Willful, unauthorized communication of information	97552
received in professional confidence;	97553

(5) Being negligent in the practice of applied behavior	97554
analysis;	97555

(6) Using any controlled substance or alcoholic beverage to	97556
an extent that such use impairs the person's ability to perform	97557
the work of a certified Ohio behavior analyst with safety to the	97558
public;	97559

(7) Violating any rule of professional conduct promulgated by	97560
the board;	97561

(8) Practicing in an area of applied behavior analysis for	97562
which the person is clearly untrained or incompetent;	97563

(9) An adjudication by a court, as provided in section	97564
5122.301 of the Revised Code, that the person is incompetent for	97565
the purpose of holding the certificate;	97566

(10) Waiving the payment of all or any part of a deductible	97567
or copayment that a patient, pursuant to a health insurance or	97568
health care policy, contract, or plan that covers applied behavior	97569
analysis services, would otherwise be required to pay if the	97570
waiver is used as an enticement to a patient or group of patients	97571
to receive health care services from that provider;	97572

(11) Advertising that the person will waive the payment of	97573
all or any part of a deductible or copayment that a patient,	97574
pursuant to a health insurance or health care policy, contract, or	97575
plan that covers applied behavior analysis services, would	97576
otherwise be required to pay.	97577

(B) For purposes of division (A)(9) of this section, a person	97578
may have the person's certificate issued or restored only upon	97579
determination by a court that the person is competent for the	97580
purpose of holding the certificate and upon the decision by the	97581
board that the certificate be issued or restored. The board may	97582
require an examination prior to such issuance or restoration.	97583

(C) Notwithstanding divisions (A)(10) and (11) of this	97584
section, sanctions shall not be imposed against any certificate	97585
holder who waives deductibles and copayments:	97586

(1) In compliance with the health benefit plan that expressly	97587
allows such a practice. Waiver of the deductibles or copays shall	97588
be made only with the full knowledge and consent of the plan	97589
purchaser, payer, and third-party administrator. Such consent	97590
shall be made available to the board upon request.	97591

(2) For professional services rendered to any other person	97592
holding a certificate issued pursuant to this chapter to the	97593
extent allowed by this chapter and the rules of the board.	97594

(D) Except as provided in section 4783.10 of the Revised	97595
Code, before the board may deny, suspend, or revoke a certificate	97596
under this section, or otherwise discipline the holder of a	97597
certificate, written charges shall be filed with the board by the	97598
secretary and a hearing shall be had thereon in accordance with	97599
Chapter 119. of the Revised Code.	97600

Sec. 4783.10. On receipt of a complaint that any of the	97601
grounds listed in division (A) of section 4783.09 of the Revised	97602
Code exist, the state board of psychology may suspend the	97603
certificate of the certified Ohio behavior analyst prior to	97604
holding a hearing in accordance with Chapter 119. of the Revised	97605
Code if it determines, based on the complaint, that an immediate	97606
threat to the public exists.	97607

After suspending a certificate pursuant to this section, the	97608
board shall notify the certified Ohio behavior analyst of the	97609
suspension in accordance with section 119.07 of the Revised Code.	97610
If the individual whose certificate is suspended fails to make a	97611
timely request for an adjudication under Chapter 119. of the	97612
Revised Code, the board shall enter a final order permanently	97613
revoking the individual's certificate.	97614

Sec. 4783.11. (A) Except as provided in division (B) of this	97615
section, if, at the conclusion of a hearing required by section	97616
4783.09 of the Revised Code, the state board of psychology	97617
determines that a certified Ohio behavior analyst has engaged in	97618
sexual conduct or had sexual contact with the certified Ohio	97619
behavior analyst's patient or client in violation of any	97620
prohibition contained in Chapter 2907. of the Revised Code, the	97621
board shall do one of the following:	97622

(1) Suspend the certified Ohio behavior analyst's	97623
certificate;	97624

(2) Permanently revoke the certified Ohio behavior analyst's	97625
certificate.	97626

(B) If the board determines at the conclusion of the hearing	97627
that neither of the sanctions described in division (A) of this	97628
section is appropriate, the board shall impose another sanction it	97629
considers appropriate and issue a written finding setting forth	97630
the reasons for the sanction imposed and the reason that neither	97631
of the sanctions described in division (A) of this section is	97632
appropriate.	97633

Sec. 4783.12. On receipt of a notice pursuant to section	97634
3123.43 of the Revised Code, the state board of psychology shall	97635
comply with sections 3123.41 to 3123.50 of the Revised Code and	97636
any applicable rules adopted under section 3123.63 of the Revised	97637
Code with respect to a certificate issued pursuant to this	97638
chapter.	97639

Sec. 4783.13. The state board of psychology shall comply	97640
with section 4776.20 of the Revised Code.	97641

Sec. 4783.99. Whoever violates division (A) of section	97642
4783.02 of the Revised Code shall be fined not less than one	97643
hundred dollars nor more than five hundred dollars or imprisoned	97644
for not less than six months nor more than one year, or both. Each	97645
violation shall be a separate offense.	97646

Sec. 4906.20. (A) No person shall commence to construct an	97647
economically significant wind farm in this state without first	97648
having obtained a certificate from the power siting board. An	97649
economically significant wind farm with respect to which such a	97650
certificate is required shall be constructed, operated, and	97651
maintained in conformity with that certificate and any terms,	97652
conditions, and modifications it contains. A certificate shall be	97653
issued only pursuant to this section. The certificate may be	97654
transferred, subject to the approval of the board, to a person	97655
that agrees to comply with those terms, conditions, and	97656
modifications.	97657

(B) The board shall adopt rules governing the certificating	97658
of economically significant wind farms under this section. Initial	97659
rules shall be adopted within one hundred twenty days after June	97660
24, 2008.	97661

(1) The rules shall provide for an application process for	97662
certificating economically significant wind farms that is	97663
identical to the extent practicable to the process applicable to	97664
certificating major utility facilities under sections 4906.06,	97665
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	97666
Revised Code and shall prescribe a reasonable schedule of	97667
application filing fees structured in the manner of the schedule	97668
of filing fees required for major utility facilities.	97669

(2) Additionally, the rules shall prescribe reasonable	97670
regulations regarding any wind turbines and associated facilities	97671
of an economically significant wind farm, including, but not	97672
limited to, their location, erection, construction,	97673
reconstruction, change, alteration, maintenance, removal, use, or	97674
enlargement and including erosion control, aesthetics,	97675
recreational land use, wildlife protection, interconnection with	97676
power lines and with regional transmission organizations,	97677
independent transmission system operators, or similar	97678
organizations, ice throw, sound and noise levels, blade shear,	97679
shadow flicker, decommissioning, and necessary cooperation for	97680
site visits and enforcement investigations. The rules also shall	97681
prescribe a minimum setback for a wind turbine of an economically	97682
significant wind farm. That minimum shall be equal to a horizontal	97683
distance, from the turbine's base to the property line of the wind	97684
farm property, equal to one and one-tenth times the total height	97685
of the turbine structure as measured from its base to the tip of	97686
its highest blade and be at least ~~seven~~one thousand one hundred	97687
~~fifty~~twenty-five feet in horizontal distance from the tip of the	97688
turbine's nearest blade at ninety degrees to the exterior of the	97689
nearest, habitable, residential structure, if any, located on	97690
adjacent property at the time of the certification application.	97691
For any existing certificates and amendments thereto, and existing	97692
certification applications that have been found by the chairperson	97693
to be in compliance with division (A) of section 4906.06 of the	97694
Revised Code before the effective date of the amendment of this	97695
section by H.B. 59 of the 130th general assembly, the distance	97696
shall be seven hundred fifty feet instead of one thousand one	97697
hundred twenty-five feet. The setback shall apply in all cases	97698
except those in which all owners of property adjacent to the wind	97699
farm property waive application of the setback to that property	97700
pursuant to a procedure the board shall establish by rule and	97701
except in which, in a particular case, the board determines that a	97702
setback greater than the minimum is necessary.	97703

Sec. 4906.201. An electric generating plant that consists of	97704
wind turbines and associated facilities with a single	97705
interconnection to the electrical grid that is designed for, or	97706
capable of, operation at an aggregate capacity of fifty megawatts	97707
or more is subject to the minimum setback requirements established	97708
in rules adopted by the power siting board under division (B)(2)	97709
of section 4906.20 of the Revised Code. For any existing	97710
certificates and amendments thereto, and existing certification	97711
applications that have been found by the chairperson to be in	97712
compliance with division (A) of section 4906.06 of the Revised	97713
Code before the effective date of the amendment of this section by	97714
H.B. 59 of the 130th general assembly, the distance shall be seven	97715
hundred fifty feet instead of one thousand one hundred twenty-five	97716
feet.	97717

Sec. 4909.157. (A) The public utilities commission may	97718
authorize a natural gas company or gas company to recover	97719
environmental remediation costs to which both of the following	97720
apply:	97721

(1) They are prudently incurred before January 1, 2025.

97722

(2) They are related to real property that, at the time	97723
recovery is authorized, is or was used for the provision of public	97724
utility service.	97725

(B) Recovery under division (A) of this section may be	97726
provided for through the establishment of a mechanism by the	97727
commission. Any such mechanism shall set forth the specific terms	97728
of the recovery. The mechanism shall cause recovery to occur	97729
through a uniform percentage applied to base distribution revenue.	97730

(C) If the commission authorizes recovery under this section,	97731
the company, upon the sale of the property described in division	97732
(A)(2) of this section, shall return to the company's customers	97733
the difference between the sale price of the property, minus any	97734
reasonable expenses related to the sale, and the fair market value	97735
of the property prior to remediation.	97736

(D) Divisions (A)(1) and (4) of section 4909.15 of the	97737
Revised Code do not preclude the recovery of environmental	97738
remediation costs as described in this section.	97739

Sec. 4955.32. (A) ~~Every company shall attach to each~~	97740
~~locomotive engine passing upon its railroad a bell of the ordinary~~	97741
~~size in use on such engines and a steam or compressed air whistle~~	97742
As used in this section, "lite locomotive consist" means a consist	97743
of locomotives not attached to any piece of equipment or attached	97744
only to a caboose.	97745

(B) When ~~an engine~~the locomotive in ~~motion and~~the lead of a	97746
train, when a lite locomotive consist, or when an individual	97747
locomotive is approaching a ~~turnpike,~~public highway~~, or street~~	97748
~~crossing~~ or ~~private~~a grade crossing ~~where the view of such~~	97749
~~crossing is obstructed by embankment, trees, curve, or other~~	97750
~~obstruction to view, upon the same line with the crossing, and in~~	97751
~~like manner where the railroad crosses any other traveled place,~~	97752
~~by bridge or otherwise~~, either of the following shall occur:	97753

(1) The engineer or person in charge of ~~such engine~~the	97754
locomotive shall sound ~~such whistle at a distance of at least~~	97755
~~eighty and not further than one hundred rods from such crossing~~	97756
~~and ring such bell continuously until the engine passes the~~	97757
~~crossing~~the locomotive horn in accordance with 49 C.F.R. part	97758
222;	97759

(2) An alternative audible warning system approved by the	97760
public utilities commission under section 4955.321 of the Revised	97761
Code shall be activated in accordance with guidelines established	97762
by the ~~public utilities~~ commission.	97763

(C) ~~This section shall not interfere with the proper~~	97764
~~observance of an ordinance passed by the legislative authority of~~	97765
~~a municipal corporation regulating the management of railroads,~~	97766
~~locomotives, and steam whistles on locomotives, within the limits~~	97767
~~of such municipal corporation.~~	97768

~~(D)~~ The establishment of an alternative audible warning	97769
system does not preclude the sounding of a ~~whistle~~locomotive horn	97770
by an engineer or other person in charge of ~~an engine~~a locomotive	97771
in an emergency situation, as determined by the sole judgment of	97772
the engineer or other person.	97773

Sec. 4955.321. The public utilities commission may evaluate	97774
alternative systems for providing an audible warning of an	97775
approaching locomotive ~~engine~~. The commission may approve the use	97776
of an audible warning system as an alternative to the ~~whistle and~~	97777
~~bell~~horn sounding required under division (B)(1) of section	97778
4955.32 of the Revised Code only if it determines that the	97779
alternative audible warning system complies with applicable	97780
federal requirements for an audible warning of an approaching	97781
train and only if train-activated warning devices also are present	97782
at any public highway or grade crossing at which the alternative	97783
audible warning system is installed. The commission shall	97784
establish guidelines for the use and operation of any alternative	97785
audible warning system it approves.	97786

Sec. 4955.322. The sounding of a locomotive horn at a	97787
private crossing or the failure to sound a locomotive horn at a	97788
private crossing is not a basis for a civil action against the	97789
railroad company that operated the locomotive, a board of county	97790
commissioners, or any local authority, or against the employees or	97791
agents of the company, board, or authority.	97792

Sec. 4955.34. Every engineer or person in charge of an	97793
~~engine~~a locomotive who fails to comply with section 4955.32 of	97794
the Revised Code is personally liable to a penalty of not less	97795
than fifty nor more than one hundred dollars, to be recovered by	97796
civil action at the suit of the state in the court of common pleas	97797
of a county in which the public highway or grade crossing is	97798
located.	97799

The company in whose employ such engineer or person in charge	97800
of ~~an engine~~a locomotive is, as well as the engineer or person	97801
~~himself~~in charge, is liable in damages to a person or company	97802
injured in person or property by such neglect or act of such	97803
engineer or person in charge.	97804

Sec. 4955.44. (A) On and after the date of first operation	97805
of a railroad quiet zone established pursuant to section 4955.42	97806
of the Revised Code, divisions (B)(1) and (2) of section 4955.32	97807
~~and division (A)(2) of section 4999.04~~ of the Revised Code do not	97808
apply with respect to ~~a public or private grade crossing included~~	97809
in the zone.	97810

(B) The establishment of a railroad quiet zone pursuant to	97811
sections 4955.41 to 4955.47 of the Revised Code does not preclude	97812
the sounding of a locomotive whistle, horn, bell, or other audible	97813
device by an engineer or other person in charge of the locomotive	97814
to address a perceived potential for injury, death, or loss to	97815
person or property, as determined by the sole judgment of the	97816
engineer or other person.	97817

(C) The commission may suspend summarily the operation of a	97818
quiet zone established pursuant to section 4955.42 of the Revised	97819
Code if the commission, through any source, obtains sufficient,	97820
credible evidence showing that a condition at a public grade	97821
crossing located within a quiet zone has changed to such an extent	97822
that, even with the continuing existence of the supplemental	97823
safety measures at the crossing, the quiet zone no longer	97824
qualifies as such under federal law or the commission determines	97825
that public safety is otherwise compromised at the crossing.	97826
Within fifteen days following the quiet zone suspension date	97827
described in this division, the commission shall hold a hearing in	97828
the general vicinity of the quiet zone in question to determine	97829
whether the quiet zone suspension should be lifted or continued,	97830
or whether commission approval of the quiet zone should be	97831
rescinded and the quiet zone eliminated.	97832

Sec. 4955.47. No railroad company and no employee or agent of	97833
the company shall be charged, or is liable in damages to person or	97834
property, for any failure to sound an audible warning by whistle,	97835
horn, bell, or other audible warning device at a ~~public or private~~	97836
railroad grade crossing to which any of the following apply:	97837

(A) The crossing is equipped in accordance with division	97838
(B)(2) of section 4955.32 of the Revised Code or.	97839

(B) The crossing is located in a railroad quiet zone	97840
established pursuant to section 4955.42 of the Revised Code or.	97841

(C) The crossing is located in a jurisdiction in which such	97842
sounding is restricted or prohibited by law.	97843

Sec. 4999.04. (A) No person in charge of a locomotive shall	97844
~~do the following:~~	97845

~~(1) Fail~~fail to bring the locomotive to a full stop at least	97846
two hundred feet before arriving at a crossing with another track,	97847
or proceed through the crossing before signaled to do so or before	97848
the way is clear;	97849

~~(2) When approaching a grade crossing, fail to sound the~~	97850
~~locomotive whistle at frequent intervals, beginning not less than~~	97851
~~thirteen hundred twenty feet from such crossing and continuing~~	97852
~~until the locomotive has passed the crossing~~.	97853

(B)(1) Whoever violates this section or fails to comply with	97854
division (B)(1) of section 4955.32 of the Revised Code is guilty	97855
of a misdemeanor of the fourth degree. If the violation ~~of this~~	97856
~~section~~or failure to comply causes physical harm to any person,	97857
whoever violates this section or fails to comply with division	97858
(B)(1) of section 4955.32 of the Revised Code is guilty of a	97859
misdemeanor of the third degree.	97860

(2) With respect to a charge of violating division (B)(1) of	97861
this section for a failure to comply with division (B)(1) of	97862
section 4955.32 of the Revised Code, it is an affirmative defense	97863
that an alternative audible warning system described in division	97864
(B)(2) of that section was activated.	97865

Sec. 5101.01. (A) As used in the Revised Code, the	97866
"department of public welfare" and the "department of human	97867
services" mean the department of job and family services and the	97868
"director of public welfare" and the "director of human services"	97869
mean the director of job and family services. ~~Whenever~~Except as	97870
provided in section 5160.011 of the Revised Code, whenever the	97871
department or director of public welfare or the department or	97872
director of human services is referred to or designated in any	97873
statute, rule, contract, grant, or other document, the reference	97874
or designation shall be deemed to refer to the department or	97875
director of job and family services, as the case may be.	97876

(B) As used in this chapter:

97877

(1) References to a county department of job and family	97878
services include a joint county department of job and family	97879
services established under section 329.40 of the Revised Code.	97880

(2) References to a board of county commissioners include the	97881
board of directors of a joint county department of job and family	97882
services established under section 329.40 of the Revised Code.	97883

Sec. 5101.101. (A) This section establishes the order of	97884
priority to be followed by the department of job and family	97885
services when distributing funds for the purpose of providing	97886
family planning services, including funds the department receives	97887
through Title XX of the "Social Security Act," 88 Stat. 2337	97888
(1974), 42 U.S.C. 1397, as amended, and funds the department	97889
receives through Title IV-A of the "Social Security Act," 110	97890
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	97891
purposes of providing Title XX social services. This section does	97892
not apply to payments made under the medicaid program.	97893

(B) With respect to each period during which funds from a	97894
particular source are distributed for the purpose of providing	97895
family planning services, the department is subject to both of the	97896
following when distributing the funds to applicants seeking those	97897
funds:	97898

(1) Foremost priority shall be given to public entities that	97899
are operated by state or local government entities and that	97900
provide or are able to provide family planning services.	97901

(2) If any funds remain after the department distributes	97902
funds to public entities under division (B)(1) of this section,	97903
the department may distribute funds to nonpublic entities. If	97904
funds are distributed to nonpublic entities, the department shall	97905
distribute the funds in the following order of descending	97906
priority:	97907

(a) Nonpublic entities that are federally qualified health	97908
centers or federally qualified health center look-alikes, both as	97909
defined in section 3701.047 of the Revised Code, or community	97910
action agencies, as defined in section 122.66 of the Revised Code;	97911

(b) Nonpublic entities that provide comprehensive primary and	97912
preventive care services in addition to family planning services;	97913

(c) Nonpublic entities that provide family planning services,	97914
but do not provide comprehensive primary and preventive care	97915
services.	97916

Sec. 5101.11. ~~This section does not apply to contracts~~	97917
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	97918

(A) As used in this section:

97919

(1) "Entity" includes an agency, board, commission, or	97920
department of the state or a political subdivision of the state; a	97921
private, nonprofit entity; a school district; a private school; or	97922
a public or private institution of higher education.	97923

(2) "Federal financial participation" means the federal	97924
government's share of expenditures made by an entity in	97925
implementing a program administered by the department of job and	97926
family services.	97927

(B) At the request of any public entity having authority to	97928
implement a program administered by the department of job and	97929
family services or any private entity under contract with a public	97930
entity to implement a program administered by the department, the	97931
department may seek to obtain federal financial participation for	97932
costs incurred by the entity. Federal financial participation may	97933
be sought from programs operated pursuant to Title IV-A,of the	97934
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	97935
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	97936
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	97937
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	97938
under which federal financial participation may be available,	97939
except that federal financial participation may be sought only for	97940
expenditures made with funds for which federal financial	97941
participation is available under federal law.	97942

(C) All funds collected by the department ~~of job and family~~	97943
~~services~~ pursuant to division (B) of this section shall be	97944
distributed to the entities that incurred the costs, except for	97945
any amounts retained by the department pursuant to division (D)(3)	97946
of this section.	97947

(D) In distributing federal financial participation pursuant	97948
to this section, the department may either enter into an agreement	97949
with the entity that is to receive the funds or distribute the	97950
funds in accordance with rules adopted under division (F) of this	97951
section. If the department decides to enter into an agreement to	97952
distribute the funds, the agreement may include terms that do any	97953
of the following:	97954

(1) Provide for the whole or partial reimbursement of any	97955
cost incurred by the entity in implementing the program;	97956

(2) In the event that federal financial participation is	97957
disallowed or otherwise unavailable for any expenditure, require	97958
the department ~~of job and family services~~ or the entity, whichever	97959
party caused the disallowance or unavailability of federal	97960
financial participation, to assume responsibility for the	97961
expenditures;	97962

(3) Permit the department to retain not more than five per	97963
cent of the amount of the federal financial participation to be	97964
distributed to the entity;	97965

(4) Require the public entity to certify the availability of	97966
sufficient unencumbered funds to match the federal financial	97967
participation it receives under this section;	97968

(5) Establish the length of the agreement, which may be for a	97969
fixed or a continuing period of time;	97970

(6) Establish any other requirements determined by the	97971
department to be necessary for the efficient administration of the	97972
agreement.	97973

(E) An entity that receives federal financial participation	97974
pursuant to this section for a program aiding children and their	97975
families shall establish a process for collaborative planning with	97976
the department ~~of job and family services~~ for the use of the funds	97977
to improve and expand the program.	97978

(F) The director of job and family services shall adopt rules	97979
as necessary to implement this section, including rules for the	97980
distribution of federal financial participation pursuant to this	97981
section. The rules shall be adopted in accordance with Chapter	97982
119. of the Revised Code. The director may adopt or amend any	97983
statewide plan required by the federal government for a program	97984
administered by the department, as necessary to implement this	97985
section.	97986

(G) Federal financial participation received pursuant to this	97987
section shall not be included in any calculation made under	97988
section 5101.16 or 5101.161 of the Revised Code.	97989

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	97990
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	97991
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	97992

(B) The department of job and family services shall act as	97993
the single state agency to administer federal payments for foster	97994
care and adoption assistance made pursuant to Title IV-E. The	97995
director of job and family services shall adopt rules to implement	97996
this authority. Rules governing financial and administrative	97997
requirements applicable to public children services agencies and	97998
government entities that provide Title IV-E reimbursable placement	97999
services to children shall be adopted in accordance with section	98000
111.15 of the Revised Code, as if they were internal management	98001
rules. Rules governing requirements applicable to private child	98002
placing agencies and private noncustodial agencies and rules	98003
establishing eligibility, program participation, and other	98004
requirements concerning Title IV-E shall be adopted in accordance	98005
with Chapter 119. of the Revised Code. A public children services	98006
agency to which the department distributes Title IV-E funds shall	98007
administer the funds in accordance with those rules.	98008

(C)(1) The county, on behalf of each child eligible for	98009
foster care maintenance payments under Title IV-E, shall make	98010
payments to cover the cost of providing all of the following:	98011

(a) The child's food, clothing, shelter, daily supervision,	98012
and school supplies;	98013

(b) The child's personal incidentals;

98014

98015

(2) In addition to payments made under division (C)(1) of	98016
this section, the county may, on behalf of each child eligible for	98017
foster care maintenance payments under Title IV-E, make payments	98018
to cover the cost of providing the following:	98019

(a) Liability insurance with respect to the child;

98020

(b) If the county is participating in the demonstration	98021
project established under division (A) of section 5101.142 of the	98022
Revised Code, services provided under the project.	98023

(3) With respect to a child who is in a child-care	98024
institution, including any type of group home designed for the	98025
care of children or any privately operated program consisting of	98026
two or more certified foster homes operated by a common	98027
administrative unit, the foster care maintenance payments made by	98028
the county on behalf of the child shall include the reasonable	98029
cost of the administration and operation of the institution, group	98030
home, or program, as necessary to provide the items described in	98031
divisions (C)(1) and (2) of this section.	98032

(D) To the extent that either foster care maintenance	98033
payments under division (C) of this section or Title IV-E adoption	98034
assistance payments for maintenance costs require the expenditure	98035
of county funds, the board of county commissioners shall report	98036
the nature and amount of each expenditure of county funds to the	98037
department.	98038

(E) The department shall distribute to public children	98039
services agencies that incur and report expenditures of the type	98040
described in division (D) of this section federal financial	98041
participation received for administrative and training costs	98042
incurred in the operation of foster care maintenance and adoption	98043
assistance programs. The department may withhold not more than	98044
three per cent of the federal financial participation received.	98045
The funds withheld may be used only to fund the following:	98046

(1) The Ohio child welfare training program established under	98047
section 5103.30 of the Revised Code;	98048

(2) The university partnership program for college and	98049
university students majoring in social work who have committed to	98050
work for a public children services agency upon graduation;	98051

(3) Efforts supporting organizational excellence, including	98052
voluntary activities to be accredited by a nationally recognized	98053
accreditation organization.	98054

The funds withheld shall be in addition to any administration	98055
and training cost for which the department is reimbursed through	98056
its own cost allocation plan.	98057

(F) All federal financial participation funds received by a	98058
county pursuant to this section shall be deposited into the	98059
county's children services fund created pursuant to section	98060
5101.144 of the Revised Code.	98061

(G) The department shall periodically publish and distribute	98062
the maximum amounts that the department will reimburse public	98063
children services agencies for making payments on behalf of	98064
children eligible for foster care maintenance payments.	98065

(H) The department, by and through its director, is hereby	98066
authorized to develop, participate in the development of,	98067
negotiate, and enter into one or more interstate compacts on	98068
behalf of this state with agencies of any other states, for the	98069
provision of ~~medical assistance and other~~ social services to	98070
children in relation to whom all of the following apply:	98071

(1) They have special needs.

98072

(2) This state or another state that is a party to the	98073
interstate compact is providing adoption assistance on their	98074
behalf.	98075

(3) They move into this state from another state or move out	98076
of this state to another state.	98077

Sec. 5101.16. (A) As used in this section and sections	98078
5101.161 and 5101.162 of the Revised Code:	98079

(1) "Disability financial assistance" means the financial	98080
assistance program established under Chapter 5115. of the Revised	98081
Code.	98082

(2) "Supplemental nutrition assistance program" means the	98083
program administered by the department of job and family services	98084
pursuant to section 5101.54 of the Revised Code.	98085

(3) ~~"Medicaid" means the medical assistance program~~	98086
~~established by Chapter 5111. of the Revised Code, excluding~~	98087
~~transportation services provided under that chapter.~~	98088

~~(4)~~ "Ohio works first" means the program established by	98089
Chapter 5107. of the Revised Code.	98090

~~(5)~~(4) "Prevention, retention, and contingency" means the	98091
program established by Chapter 5108. of the Revised Code.	98092

~~(6)~~(5) "Public assistance expenditures" means expenditures	98093
for all of the following:	98094

(a) Ohio works first;

98095

(b) County administration of Ohio works first;

98096

98097

(d) County administration of prevention, retention, and	98098
contingency;	98099

(e) Disability financial assistance;

98100

(f) County administration of disability financial assistance;

98101

(g) County administration of the supplemental nutrition	98102
assistance program;	98103

(h) County administration of medicaid, excluding	98104
administrative expenditures for transportation services covered by	98105
the medicaid program.	98106

(7) "Title IV-A program" has the same meaning as in section	98107
5101.80 of the Revised Code.	98108

(B) Each board of county commissioners shall pay the county	98109
share of public assistance expenditures in accordance with section	98110
5101.161 of the Revised Code. Except as provided in division (C)	98111
of this section, a county's share of public assistance	98112
expenditures is the sum of all of the following for state fiscal	98113
year 1998 and each state fiscal year thereafter:	98114

(1) The amount that is twenty-five per cent of the county's	98115
total expenditures for disability financial assistance and county	98116
administration of that program during the state fiscal year ending	98117
in the previous calendar year that the department of job and	98118
family services determines are allowable.	98119

(2) The amount that is ten per cent, or other percentage	98120
determined under division (D) of this section, of the county's	98121
total expenditures for county administration of the supplemental	98122
nutrition assistance program and medicaid (excluding	98123
administrative expenditures for transportation services covered by	98124
the medicaid program) during the state fiscal year ending in the	98125
previous calendar year that the department determines are	98126
allowable, less the amount of federal reimbursement credited to	98127
the county under division (E) of this section for the state fiscal	98128
year ending in the previous calendar year;	98129

(3) A percentage of the actual amount of the county share of	98130
program and administrative expenditures during federal fiscal year	98131
1994 for assistance and services, other than child care, provided	98132
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	98133
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	98134
enactment of the "Personal Responsibility and Work Opportunity	98135
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	98136
and family services shall determine the actual amount of the	98137
county share from expenditure reports submitted to the United	98138
States department of health and human services. The percentage	98139
shall be the percentage established in rules adopted under	98140
division (F) of this section.	98141

(C)(1) If a county's share of public assistance expenditures	98142
determined under division (B) of this section for a state fiscal	98143
year exceeds one hundred five per cent of the county's share for	98144
those expenditures for the immediately preceding state fiscal	98145
year, the department of job and family services shall reduce the	98146
county's share for expenditures under divisions (B)(1) and (2) of	98147
this section so that the total of the county's share for	98148
expenditures under division (B) of this section equals one hundred	98149
five per cent of the county's share of those expenditures for the	98150
immediately preceding state fiscal year.	98151

(2) A county's share of public assistance expenditures	98152
determined under division (B) of this section may be increased	98153
pursuant to section 5101.163 of the Revised Code and a sanction	98154
under section 5101.24 of the Revised Code. An increase made	98155
pursuant to section 5101.163 of the Revised Code may cause the	98156
county's share to exceed the limit established by division (C)(1)	98157
of this section.	98158

(D)(1) If the per capita tax duplicate of a county is less	98159
than the per capita tax duplicate of the state as a whole and	98160
division (D)(2) of this section does not apply to the county, the	98161
percentage to be used for the purpose of division (B)(2) of this	98162
section is the product of ten multiplied by a fraction of which	98163
the numerator is the per capita tax duplicate of the county and	98164
the denominator is the per capita tax duplicate of the state as a	98165
whole. The department of job and family services shall compute the	98166
per capita tax duplicate for the state and for each county by	98167
dividing the tax duplicate for the most recent available year by	98168
the current estimate of population prepared by the ~~department of~~	98169
development services agency.	98170

(2) If the percentage of families in a county with an annual	98171
income of less than three thousand dollars is greater than the	98172
percentage of such families in the state and division (D)(1) of	98173
this section does not apply to the county, the percentage to be	98174
used for the purpose of division (B)(2) of this section is the	98175
product of ten multiplied by a fraction of which the numerator is	98176
the percentage of families in the state with an annual income of	98177
less than three thousand dollars a year and the denominator is the	98178
percentage of such families in the county. The department of job	98179
and family services shall compute the percentage of families with	98180
an annual income of less than three thousand dollars for the state	98181
and for each county by multiplying the most recent estimate of	98182
such families published by the ~~department of~~ development services	98183
agency, by a fraction, the numerator of which is the estimate of	98184
average annual personal income published by the bureau of economic	98185
analysis of the United States department of commerce for the year	98186
on which the census estimate is based and the denominator of which	98187
is the most recent such estimate published by the bureau.	98188

(3) If the per capita tax duplicate of a county is less than	98189
the per capita tax duplicate of the state as a whole and the	98190
percentage of families in the county with an annual income of less	98191
than three thousand dollars is greater than the percentage of such	98192
families in the state, the percentage to be used for the purpose	98193
of division (B)(2) of this section shall be determined as follows:	98194

(a) Multiply ten by the fraction determined under division	98195
(D)(1) of this section;	98196

(b) Multiply the product determined under division (D)(3)(a)	98197
of this section by the fraction determined under division (D)(2)	98198
of this section.	98199

(4) The department of job and family services shall	98200
determine, for each county, the percentage to be used for the	98201
purpose of division (B)(2) of this section not later than the	98202
first day of July of the year preceding the state fiscal year for	98203
which the percentage is used.	98204

(E) The department of job and family services shall credit to	98205
a county the amount of federal reimbursement the department	98206
receives from the United States departments of agriculture and	98207
health and human services for the county's expenditures for	98208
administration of the supplemental nutrition assistance program	98209
and medicaid (excluding administrative expenditures for	98210
transportation services covered by the medicaid program) that the	98211
department determines are allowable administrative expenditures.	98212

(F)(1) The director of job and family services shall adopt	98213
rules in accordance with section 111.15 of the Revised Code to	98214
establish all of the following:	98215

(a) The method the department is to use to change a county's	98216
share of public assistance expenditures determined under division	98217
(B) of this section as provided in division (C) of this section;	98218

(b) The allocation methodology and formula the department	98219
will use to determine the amount of funds to credit to a county	98220
under this section;	98221

(c) The method the department will use to change the payment	98222
of the county share of public assistance expenditures from a	98223
calendar-year basis to a state fiscal year basis;	98224

(d) The percentage to be used for the purpose of division	98225
(B)(3) of this section, which shall, except as provided in section	98226
5101.163 of the Revised Code, meet both of the following	98227
requirements:	98228

(i) The percentage shall not be less than seventy-five per	98229
cent nor more than eighty-two per cent;	98230

(ii) The percentage shall not exceed the percentage that the	98231
state's qualified state expenditures is of the state's historic	98232
state expenditures as those terms are defined in 42 U.S.C.	98233
609(a)(7).	98234

(e) Other procedures and requirements necessary to implement	98235
this section.	98236

(2) The director of job and family services may amend the	98237
rule adopted under division (F)(1)(d) of this section to modify	98238
the percentage on determination that the amount the general	98239
assembly appropriates for Title IV-A programs makes the	98240
modification necessary. The rule shall be adopted and amended as	98241
if an internal management rule and in consultation with the	98242
director of budget and management.	98243

Sec. 5101.162. Subject to available federal funds and	98244
appropriations made by the general assembly, the department of job	98245
and family services may, at its sole discretion, use available	98246
federal funds to reimburse county expenditures for county	98247
administration of the supplemental nutrition assistance program or	98248
medicaid (excluding administrative expenditures for transportation	98249
services covered by the medicaid program) even though the county	98250
expenditures meet or exceed the maximum allowable reimbursement	98251
amount established by rules adopted under section 5101.161 of the	98252
Revised Code. The director of job and family services may adopt	98253
internal management rules in accordance with section 111.15 of the	98254
Revised Code to implement this section.	98255

Sec. 5101.18. ~~(A)~~ When the director of job and family	98256
services adopts rules under section 5107.05 regarding income	98257
requirements for the Ohio works first program and under section	98258
5115.03 of the Revised Code regarding income and resource	98259
requirements for the disability financial assistance program, the	98260
director shall determine what payments shall be regarded or	98261
disregarded. In making this determination, the director shall	98262
consider:	98263

~~(1)~~(A) The source of the payment;

98264

~~(2)~~(B) The amount of the payment;

98265

~~(3)~~(C) The purpose for which the payment was made;

98266

~~(4)~~(D) Whether regarding the payment as income would be in	98267
the public interest;	98268

~~(5)~~(E) Whether treating the payment as income would be	98269
detrimental to any of the programs administered in whole or in	98270
part by the department of job and family services and whether such	98271
determination would jeopardize the receipt of any federal grant or	98272
payment by the state or any receipt of aid under Chapter 5107. of	98273
the Revised Code.	98274

~~(B) Any recipient of aid under Title XVI of the "Social~~	98275
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	98276
~~whose money payment is discontinued as the result of a general~~	98277
~~increase in old-age, survivors, and disability insurance benefits~~	98278
~~under such act, shall remain a recipient for the purpose of~~	98279
~~receiving medical assistance through the medical assistance~~	98280
~~program established under section 5111.01 of the Revised Code.~~	98281

Sec. 5101.181. (A) As used in this section and section	98282
5101.182 of the Revised Code:	98283

~~(1) "Public~~, "public assistance" means any or all of the	98284
following:	98285

~~(a)~~(1) Ohio works first;

98286

~~(b)~~(2) Prevention, retention, and contingency;

98287

~~(c)~~(3) Disability financial assistance;

98288

~~(d)~~(4) General assistance provided prior to July 17, 1995,	98289
under former Chapter 5113. of the Revised Code.	98290

~~(2) "Medical assistance" means medical assistance provided~~	98291
~~pursuant to, or under programs established by, section 5101.49,~~	98292
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98293
~~provision of the Revised Code.~~	98294

(B) As part of the procedure for the determination of	98295
overpayment to a recipient of public assistance under Chapter	98296
5107., 5108., or 5115. of the Revised Code, the director of job	98297
and family services may furnish quarterly the name and social	98298
security number of each individual who receives public assistance	98299
to the director of administrative services, the administrator of	98300
the bureau of workers' compensation, and each of the state's	98301
retirement boards. Within fourteen days after receiving the name	98302
and social security number of an individual who receives public	98303
assistance, the director of administrative services,	98304
administrator, or board shall inform the auditor of state as to	98305
whether such individual is receiving wages or benefits, the amount	98306
of any wages or benefits being received, the social security	98307
number, and the address of the individual. The director of	98308
administrative services, administrator, boards, and any agent or	98309
employee of those officials and boards shall comply with the rules	98310
of the director of job and family services restricting the	98311
disclosure of information regarding recipients of public	98312
assistance. Any person who violates this provision shall	98313
thereafter be disqualified from acting as an agent or employee or	98314
in any other capacity under appointment or employment of any state	98315
board, commission, or agency.	98316

(C) The auditor of state may enter into a reciprocal	98317
agreement with the director of job and family services or	98318
comparable officer of any other state for the exchange of names,	98319
current or most recent addresses, or social security numbers of	98320
persons receiving public assistance under Title IV-A of the	98321
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	98322
~~amended~~601 et seq.	98323

(D) The auditor of state shall retain, for not less than two	98324
years, at least one copy of all information received under this	98325
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	98326
5101.182, and 5505.04 of the Revised Code.	98327

(E) ~~On the request of the director of job and family~~	98328
~~services, the auditor of state may conduct an audit of an~~	98329
~~individual who receives medical assistance. If the auditor decides~~	98330
~~to conduct an audit, the auditor shall enter into an interagency~~	98331
~~agreement with the department of~~ ~~job and family services~~ that	98332
specifies that the auditor agrees to comply with section 5101.271	98333
of the Revised Code with respect to any information the auditor	98334
receives pursuant to the audit.	98335

~~(F)~~ The auditor shall review the information described in	98336
division (D) of this section to determine whether overpayments	98337
were made to recipients of public assistance under Chapters 5107.,	98338
5108., and 5115. of the Revised Code. The auditor of state shall	98339
initiate action leading to prosecution, where warranted, of	98340
recipients who received overpayments by forwarding the name of	98341
each recipient who received overpayment, together with other	98342
pertinent information, to the director of job and family services,	98343
the attorney general, and the county director of job and family	98344
services and county prosecutor of the county through which public	98345
assistance was received.	98346

~~(G)~~(F) The auditor of state and the attorney general or their	98347
designees may examine any records, whether in computer or printed	98348
format, in the possession of the director of job and family	98349
services or any county director of job and family services. They	98350
shall provide safeguards which restrict access to such records to	98351
purposes directly connected with an audit or investigation,	98352
prosecution, or criminal or civil proceeding conducted in	98353
connection with the administration of the programs and shall	98354
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	98355
Code and ~~adopts~~ rules ofadopted by the director of job and family	98356
services restricting the disclosure of information regarding	98357
recipients of public assistance ~~or medical assistance~~. Any person	98358
who violates this provision shall thereafter be disqualified from	98359
acting as an agent or employee or in any other capacity under	98360
appointment or employment of any state board, commission, or	98361
agency.	98362

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	98363
the auditor of state's duties under this section shall be borne by	98364
the auditor of state.	98365

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	98366
~~the Revised Code, the~~The director of job and family services, in	98367
accordance with section 111.15 of the Revised Code, may adopt	98368
rules under which county family services agencies shall take	98369
action to recover the cost of the following benefits and services	98370
available under programs administered by the department of job and	98371
family services:	98372

(1) Benefits or services provided to any of the following:

98373

(a) Persons who were not eligible for the benefits or	98374
services but who secured the benefits or services through fraud or	98375
misrepresentation;	98376

(b) Persons who were eligible for the benefits or services	98377
but who intentionally diverted the benefits or services to other	98378
persons who were not eligible for the benefits or services.	98379

(2) Any benefits or services provided by a county family	98380
services agency for which recovery is required or permitted by	98381
federal law for the federal programs administered by the agency.	98382

(B) A county family services agency may bring a civil action	98383
against a recipient of benefits or services to recover any costs	98384
described in division (A) of this section.	98385

(C) A county family services agency shall retain any money it	98386
recovers under division (A) of this section and shall use the	98387
money to meet a family services duty, except that, if federal law	98388
requires the department of job and family services to return any	98389
portion of the money so recovered to the federal government, the	98390
county family services agency shall pay that portion to the	98391
department of job and family services.	98392

Sec. 5101.184. (A) The director of job and family services	98393
shall work with the tax commissioner to collect overpayments of	98394
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	98395
5113., or section 5101.54 of the Revised Code from refunds of	98396
state income taxes for taxable year 1992 and thereafter that are	98397
payable to the recipients of such overpayments.	98398

Any overpayment of assistance, whether obtained by fraud or	98399
misrepresentation, as the result of an error by the recipient or	98400
by the agency making the payment, or in any other manner, may be	98401
collected under this section. Any reduction under section 5747.12	98402
or 5747.121 of the Revised Code to an income tax refund shall be	98403
made before a reduction under this section. No reduction shall be	98404
made under this section if the amount of the refund is less than	98405
twenty-five dollars after any reduction under section 5747.12 of	98406
the Revised Code. A reduction under this section shall be made	98407
before any part of the refund is contributed under section	98408
5747.113 of the Revised Code, or is credited under section 5747.12	98409
of the Revised Code against tax due in any subsequent year.	98410

The director and the tax commissioner, by rules adopted in	98411
accordance with Chapter 119. of the Revised Code, shall establish	98412
procedures to implement this division. The procedures shall	98413
provide for notice to a recipient of assistance and an opportunity	98414
for the recipient to be heard before the recipient's income tax	98415
refund is reduced.	98416

(B) The director of job and family services may enter into	98417
agreements with the federal government to collect overpayments of	98418
assistance from refunds of federal income taxes that are payable	98419
to recipients of the overpayments.	98420

Sec. 5101.26. As used in this section and in sections	98421
5101.27 to 5101.30 of the Revised Code:	98422

(A) "County agency" means a county department of job and	98423
family services or a public children services agency.	98424

(B) "Fugitive felon" means an individual who is fleeing to	98425
avoid prosecution, or custody or confinement after conviction,	98426
under the laws of the place from which the individual is fleeing,	98427
for a crime or an attempt to commit a crime that is a felony under	98428
the laws of the place from which the individual is fleeing or, in	98429
the case of New Jersey, a high misdemeanor, regardless of whether	98430
the individual has departed from the individual's usual place of	98431
residence.	98432

(C) "Information" means records as defined in section 149.011	98433
of the Revised Code, any other documents in any format, and data	98434
derived from records and documents that are generated, acquired,	98435
or maintained by the department of job and family services, a	98436
county agency, or an entity performing duties on behalf of the	98437
department or a county agency.	98438

(D) "Law enforcement agency" means the state highway patrol,	98439
an agency that employs peace officers as defined in section 109.71	98440
of the Revised Code, the adult parole authority, a county	98441
department of probation, a prosecuting attorney, the attorney	98442
general, similar agencies of other states, federal law enforcement	98443
agencies, and postal inspectors. "Law enforcement agency" includes	98444
the peace officers and other law enforcement officers employed by	98445
the agency.	98446

(E) ~~"Medical assistance" means medical assistance provided~~	98447
~~pursuant to, or under programs established by, section 5101.49,~~	98448
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98449
~~provision of the Revised Code.~~	98450

~~(F) "Medical assistance recipient" means an applicant for or~~	98451
~~recipient or former recipient of medical assistance.~~	98452

~~(G)~~ "Public assistance" means financial assistance or social	98453
services that are ~~not medical assistance~~ provided under a program	98454
administered by the department of job and family services or a	98455
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	98456
5108., or 5115. of the Revised Code or an executive order issued	98457
under section 107.17 of the Revised Code. "Public assistance" does	98458
not mean medical assistance provided under a medical assistance	98459
program, as defined in section 5160.01 of the Revised Code.	98460

~~(H)~~(F) "Public assistance recipient" means an applicant for	98461
or recipient or former recipient of public assistance.	98462

Sec. 5101.272. (A) For the purposes of ~~sections~~section	98463
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	98464
be made on a form that uses language understandable to the average	98465
person and contains all of the following:	98466

(1) A description of the information to be used or disclosed	98467
that identifies the information in a specific and meaningful	98468
fashion;	98469

(2) The name or other specific identification of the person	98470
or class of persons authorized to make the requested use or	98471
disclosure;	98472

(3) The name or other specific identification of the person	98473
or governmental entity to which the information may be released;	98474

(4) A description of each purpose of the requested use or	98475
disclosure of the information;	98476

(5) The date on which the authorization expires or an event	98477
related either to the individual who is the subject of the request	98478
or to the purposes of the requested use or disclosure, the	98479
occurrence of which will cause the authorization to expire;	98480

(6) A statement that the information used or disclosed	98481
pursuant to the authorization may be disclosed by the recipient of	98482
the information and may no longer be protected from disclosure;	98483

(7) The signature of the individual or the individual's	98484
authorized representative and the date on which the authorization	98485
was signed;	98486

(8) If signed by an authorized representative, a description	98487
of the representative's authority to act for the individual;	98488

(9) A statement of the individual or authorized	98489
representative's right to prospectively revoke the written	98490
authorization in writing, along with one of the following:	98491

(a) A description of how the individual or authorized	98492
representative may revoke the authorization;	98493

(b) If the department of job and family services' privacy	98494
notice contains a description of how the individual or authorized	98495
representative may revoke the authorization, a reference to that	98496
privacy notice.	98497

(10) A statement that treatment, payment, enrollment, or	98498
eligibility for public assistance ~~or medical assistance~~ cannot be	98499
conditioned on signing the authorization unless the authorization	98500
is necessary for determining eligibility for the public assistance	98501
~~or medical assistance~~ program.	98502

(B) ~~An authorization for the release of information regarding~~	98503
~~a medical assistance recipient to the recipient's attorney under~~	98504
~~division (C)(3) of section 5101.271 of the Revised Code may~~	98505
~~include a provision specifically authorizing the release of the~~	98506
~~recipient's electronic health records, if any, in accordance with~~	98507
~~rules the director of job and family services adopts under section~~	98508
~~5101.30 of the Revised Code.~~	98509

~~(C)~~ When an individual requests information pursuant to	98510
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	98511
individual's receipt of public assistance ~~or medical assistance~~	98512
and does not wish to provide a statement of purpose, the statement	98513
"at request of the individual" is a sufficient description for	98514
purposes of division (A)(4) of this section.	98515

Sec. 5101.273. The department of job and family services	98516
shall enter into any necessary agreements with the United States	98517
department of health and human services and neighboring states to	98518
join and participate as an active member in the public assistance	98519
reporting information system. The department may disclose	98520
information regarding a public assistance recipient ~~or medical~~	98521
~~assistance recipient~~ to the extent necessary to participate as an	98522
active member in the public assistance reporting information	98523
system.	98524

Sec. 5101.30. (A) The director of job and family services	98525
shall adopt rules in accordance with Chapter 119. of the Revised	98526
Code implementing sections 5101.26 to 5101.30 of the Revised Code	98527
and governing the custody, use, disclosure, and preservation of	98528
the information generated or received by the department of job and	98529
family services, county agencies, other state and county entities,	98530
contractors, grantees, private entities, or officials	98531
participating in the administration of public assistance or	98532
~~medical assistance~~ programs. The rules shall comply with	98533
applicable federal statutes and regulations.	98534

(1) The rules shall specify conditions and procedures for the	98535
release of information which may include, among other conditions	98536
and procedures, both of the following:	98537

(a) Permitting providers of services or assistance under	98538
public assistance programs limited access to information that is	98539
essential for the providers to render services or assistance or to	98540
bill for services or assistance rendered. The department of aging,	98541
when investigating a complaint under section 173.20 of the Revised	98542
Code, shall be granted any limited access permitted in the rules	98543
pursuant to division (A)(1) of this section.	98544

(b) Permitting a contractor, grantee, or other state or	98545
county entity limited access to information that is essential for	98546
the contractor, grantee, or entity to perform administrative or	98547
other duties on behalf of the department or county agency. A	98548
contractor, grantee, or entity given access to information	98549
pursuant to division (A)(2) of this section is bound by the	98550
director's rules, and disclosure of the information by the	98551
contractor, grantee, or entity in a manner not authorized by the	98552
rules is a violation of section 5101.27 of the Revised Code.	98553

(2) The rules may define who is an "authorized	98554
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	98555
5101.272 of the Revised Code.	98556

(B) Whenever names, addresses, or other information relating	98557
to public assistance recipients is held by any agency other than	98558
the department or a county agency, that other agency shall adopt	98559
rules consistent with sections 5101.26 to 5101.30 of the Revised	98560
Code to prevent the publication or disclosure of names, lists, or	98561
other information concerning those recipients.	98562

Sec. 5101.34. (A) There is hereby created in the department	98563
of job and family services the Ohio commission on fatherhood. The	98564
commission shall consist of the following members:	98565

(1)(a) Four members of the house of representatives appointed	98566
by the speaker of the house, not more than two of whom are members	98567
of the same political party. Two of the members must be from	98568
legislative districts that include a county or part of a county	98569
that is among the one-third of counties in this state with the	98570
highest number per capita of households headed by females.	98571

(b) Two members of the senate appointed by the president of	98572
the senate, each from a different political party. One of the	98573
members must be from a legislative district that includes a county	98574
or part of a county that is among the one-third of counties in	98575
this state with the highest number per capita of households headed	98576
by females.	98577

(2) The governor, or the governor's designee;

98578

(3) One representative of the judicial branch of government	98579
appointed by the chief justice of the supreme court;	98580

(4) The directors of health, job and family services,	98581
rehabilitation and correction, ~~alcohol and drug addiction services~~	98582
mental health and addiction services, and youth services and the	98583
superintendent of public instruction, or their designees;	98584

(5) One representative of the Ohio family and children first	98585
cabinet council created under section 121.37 of the Revised Code	98586
appointed by the chairperson of the council;	98587

(6) Five representatives of the general public appointed by	98588
the governor. These members shall have extensive experience in	98589
issues related to fatherhood.	98590

(B) The appointing authorities of the Ohio commission on	98591
fatherhood shall make initial appointments to the commission	98592
within thirty days after September 29, 1999. Of the initial	98593
appointments to the commission made pursuant to divisions (A)(3),	98594
(5), and (6) of this section, three of the members shall serve a	98595
term of one year and four shall serve a term of two years. Members	98596
so appointed subsequently shall serve two-year terms. A member	98597
appointed pursuant to division (A)(1) of this section shall serve	98598
on the commission until the end of the general assembly from which	98599
the member was appointed or until the member ceases to serve in	98600
the chamber of the general assembly in which the member serves at	98601
the time of appointment, whichever occurs first. The governor or	98602
the governor's designee shall serve on the commission until the	98603
governor ceases to be governor. The directors and superintendent	98604
or their designees shall serve on the commission until they cease,	98605
or the director or superintendent a designee represents ceases, to	98606
be director or superintendent. Each member shall serve on the	98607
commission from the date of appointment until the end of the term	98608
for which the member was appointed. Members may be reappointed.	98609

Vacancies shall be filled in the manner provided for original	98610
appointments. Any member appointed to fill a vacancy occurring	98611
prior to the expiration date of the term for which the member's	98612
predecessor was appointed shall serve on the commission for the	98613
remainder of that term. A member shall continue to serve on the	98614
commission subsequent to the expiration date of the member's term	98615
until the member's successor is appointed or until a period of	98616
sixty days has elapsed, whichever occurs first. Members shall	98617
serve without compensation but shall be reimbursed for necessary	98618
expenses.	98619

Sec. 5101.35. (A) As used in this section:

98620

(1)(a) "Agency" means the following entities that administer	98621
a family services program:	98622

~~(a)~~(i) The department of job and family services;

98623

~~(b)~~(ii) A county department of job and family services;

98624

~~(c)~~(iii) A public children services agency;

98625

~~(d)~~(iv) A private or government entity administering, in	98626
whole or in part, a family services program for or on behalf of	98627
the department of job and family services or a county department	98628
of job and family services or public children services agency.	98629

(b) If the department of medicaid contracts with the	98630
department of job and family services to hear appeals authorized	98631
by section 5160.31 of the Revised Code regarding medical	98632
assistance programs, "agency" includes the department of medicaid.	98633

(2) "Appellant" means an applicant, participant, former	98634
participant, recipient, or former recipient of a family services	98635
program who is entitled by federal or state law to a hearing	98636
regarding a decision or order of the agency that administers the	98637
program.	98638

(3)(a) "Family services program" means ~~assistance provided~~	98639
~~under a~~all of the following:	98640

(i) A Title IV-A program as defined in section 5101.80 of the	98641
Revised Code or;	98642

(ii) Programs that provide assistance under Chapter 5104.,	98643
~~5111.,~~ or 5115. orof the Revised Code;	98644

(iii) Programs that provide assistance under section ~~5119.69,~~	98645
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	98646
5153.165 of the Revised Code,;	98647

(iv) Title XX social services provided under section 5101.46	98648
of the Revised Code, other than ~~assistance~~such services provided	98649
~~under section 5101.46 of the Revised Code~~ by the department of	98650
~~mental health~~mental health and addiction services, the department	98651
of developmental disabilities, a board of alcohol, drug addiction,	98652
and mental health services, or a county board of developmental	98653
disabilities.	98654

(b) If the department of medicaid contracts with the	98655
department of job and family services to hear appeals authorized	98656
by section 5160.31 of the Revised Code regarding medical	98657
assistance programs, "family services program" includes medical	98658
assistance programs.	98659

(4) "Medical assistance program" has the same meaning as in	98660
section 5160.01 of the Revised Code.	98661

(B) Except as provided by divisions (G) and (H) of this	98662
section, an appellant who appeals under federal or state law a	98663
decision or order of an agency administering a family services	98664
program shall, at the appellant's request, be granted a state	98665
hearing by the department of job and family services. This state	98666
hearing shall be conducted in accordance with rules adopted under	98667
this section. The state hearing shall be recorded, but neither the	98668
recording nor a transcript of the recording shall be part of the	98669
official record of the proceeding. AExcept as provided in section	98670
5160.31 of the Revised Code, a state hearing decision is binding	98671
upon the agency and department, unless it is reversed or modified	98672
on appeal to the director of job and family services or a court of	98673
common pleas.	98674

(C) Except as provided by division (G) of this section, an	98675
appellant who disagrees with a state hearing decision may make an	98676
administrative appeal to the director of job and family services	98677
in accordance with rules adopted under this section. This	98678
administrative appeal does not require a hearing, but the director	98679
or the director's designee shall review the state hearing decision	98680
and previous administrative action and may affirm, modify, remand,	98681
or reverse the state hearing decision. An administrative appeal	98682
decision is the final decision of the department and, except as	98683
provided in section 5160.31 of the Revised Code, is binding upon	98684
the department and agency, unless it is reversed or modified on	98685
appeal to the court of common pleas.	98686

(D) An agency shall comply with a decision issued pursuant to	98687
division (B) or (C) of this section within the time limits	98688
established by rules adopted under this section. If a county	98689
department of job and family services or a public children	98690
services agency fails to comply within these time limits, the	98691
department may take action pursuant to section 5101.24 of the	98692
Revised Code. If another agency, other than the department of	98693
medicaid, fails to comply within the time limits, the department	98694
may force compliance by withholding funds due the agency or	98695
imposing another sanction established by rules adopted under this	98696
section.	98697

(E) An appellant who disagrees with an administrative appeal	98698
decision of the director of job and family services or the	98699
director's designee issued under division (C) of this section may	98700
appeal from the decision to the court of common pleas pursuant to	98701
section 119.12 of the Revised Code. The appeal shall be governed	98702
by section 119.12 of the Revised Code except that:	98703

(1) The person may appeal to the court of common pleas of the	98704
county in which the person resides, or to the court of common	98705
pleas of Franklin county if the person does not reside in this	98706
state.	98707

(2) The person may apply to the court for designation as an	98708
indigent and, if the court grants this application, the appellant	98709
shall not be required to furnish the costs of the appeal.	98710

(3) The appellant shall mail the notice of appeal to the	98711
department of job and family services and file notice of appeal	98712
with the court within thirty days after the department mails the	98713
administrative appeal decision to the appellant. For good cause	98714
shown, the court may extend the time for mailing and filing notice	98715
of appeal, but such time shall not exceed six months from the date	98716
the department mails the administrative appeal decision. Filing	98717
notice of appeal with the court shall be the only act necessary to	98718
vest jurisdiction in the court.	98719

(4) The department shall be required to file a transcript of	98720
the testimony of the state hearing with the court only if the	98721
court orders the department to file the transcript. The court	98722
shall make such an order only if it finds that the department and	98723
the appellant are unable to stipulate to the facts of the case and	98724
that the transcript is essential to a determination of the appeal.	98725
The department shall file the transcript not later than thirty	98726
days after the day such an order is issued.	98727

(F) The department of job and family services shall adopt	98728
rules in accordance with Chapter 119. of the Revised Code to	98729
implement this section, including rules governing the following:	98730

(1) State hearings under division (B) of this section. The	98731
rules shall include provisions regarding notice of eligibility	98732
termination and the opportunity of an appellant appealing a	98733
decision or order of a county department of job and family	98734
services to request a county conference with the county department	98735
before the state hearing is held.	98736

(2) Administrative appeals under division (C) of this	98737
section;	98738

(3) Time limits for complying with a decision issued under	98739
division (B) or (C) of this section;	98740

(4) Sanctions that may be applied against an agency under	98741
division (D) of this section.	98742

(G) The department of job and family services may adopt rules	98743
in accordance with Chapter 119. of the Revised Code establishing	98744
an appeals process for an appellant who appeals a decision or	98745
order regarding a Title IV-A program identified under division	98746
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	98747
Revised Code that is different from the appeals process	98748
established by this section. The different appeals process may	98749
include having a state agency that administers the Title IV-A	98750
program pursuant to an interagency agreement entered into under	98751
section 5101.801 of the Revised Code administer the appeals	98752
process.	98753

(H) If an appellant receiving medicaid through a health	98754
insuring corporation that holds a certificate of authority under	98755
Chapter 1751. of the Revised Code is appealing a denial of	98756
medicaid services based on lack of medical necessity or other	98757
clinical issues regarding coverage by the health insuring	98758
corporation, the person hearing the appeal may order an	98759
independent medical review if that person determines that a review	98760
is necessary. The review shall be performed by a health care	98761
professional with appropriate clinical expertise in treating the	98762
recipient's condition or disease. The department shall pay the	98763
costs associated with the review.	98764

A review ordered under this division shall be part of the	98765
record of the hearing and shall be given appropriate evidentiary	98766
consideration by the person hearing the appeal.	98767

(I) The requirements of Chapter 119. of the Revised Code	98768
apply to a state hearing or administrative appeal under this	98769
section only to the extent, if any, specifically provided by rules	98770
adopted under this section.	98771

Sec. 5101.36. Any application for public assistance gives a	98772
right of subrogation to the department of job and family services	98773
for any workers' compensation benefits payable to a person who is	98774
subject to a support order, as defined in section 3119.01 of the	98775
Revised Code, on behalf of the applicant, to the extent of any	98776
public assistance payments made on the applicant's behalf. If the	98777
director of job and family services, in consultation with a child	98778
support enforcement agency and the administrator of the bureau of	98779
workers' compensation, determines that a person responsible for	98780
support payments to a recipient of public assistance is receiving	98781
workers' compensation, the director shall notify the administrator	98782
of the amount of the benefit to be paid to the department of job	98783
and family services.	98784

For purposes of this section, "public assistance" means	98785
~~medical assistance provided through the medical assistance program~~	98786
~~established under section 5111.01 of the Revised Code;~~ Ohio works	98787
first provided under Chapter 5107. of the Revised Code;	98788
prevention, retention, and contingency benefits and services	98789
provided under Chapter 5108. of the Revised Code; or disability	98790
financial assistance provided under Chapter 5115. of the Revised	98791
Code.	98792

Sec. 5101.46. (A) As used in this section:

98793

(1) "Title XX" means Title XX of the "Social Security Act,"	98794
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	98795

(2) "Respective local agency" means, with respect to the	98796
department of job and family services, a county department of job	98797
and family services; with respect to the department of ~~mental~~	98798
~~health~~mental health and addiction services, a board of alcohol,	98799
drug addiction, and mental health services; and with respect to	98800
the department of developmental disabilities, a county board of	98801
developmental disabilities.	98802

(3) "Federal poverty guidelines" means the poverty guidelines	98803
as revised annually by the United States department of health and	98804
human services in accordance with section 673(2) of the "Omnibus	98805
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	98806
9902, as amended, for a family size equal to the size of the	98807
family of the person whose income is being determined.	98808

(B) The departments of job and family services, mental	98809
health, and developmental disabilities, with their respective	98810
local agencies, shall administer the provision of social services	98811
funded through grants made under Title XX. The social services	98812
furnished with Title XX funds shall be directed at the following	98813
goals:	98814

(1) Achieving or maintaining economic self-support to	98815
prevent, reduce, or eliminate dependency;	98816

(2) Achieving or maintaining self-sufficiency, including	98817
reduction or prevention of dependency;	98818

(3) Preventing or remedying neglect, abuse, or exploitation	98819
of children and adults unable to protect their own interests, or	98820
preserving, rehabilitating, or reuniting families;	98821

(4) Preventing or reducing inappropriate institutional care	98822
by providing for community-based care, home-based care, or other	98823
forms of less intensive care;	98824

(5) Securing referral or admission for institutional care	98825
when other forms of care are not appropriate, or providing	98826
services to individuals in institutions.	98827

(C)(1) All federal funds received under Title XX shall be	98828
appropriated as follows:	98829

(a) Seventy-two and one-half per cent to the department of	98830
job and family services;	98831

(b) Twelve and ninety-three one-hundredths per cent to the	98832
department of ~~mental health~~mental health and addiction services;	98833

(c) Fourteen and fifty-seven one-hundredths per cent to the	98834
department of developmental disabilities.	98835

(2) Each of the state departments shall, subject to the	98836
approval of the controlling board, develop a formula for the	98837
distribution of the Title XX funds appropriated to the department	98838
to its respective local agencies. The formula developed by each	98839
state department shall take into account all of the following for	98840
each of its respective local agencies:	98841

(a) The total population of the area that is served by the	98842
respective local agency;	98843

(b) The percentage of the population in the area served that	98844
falls below the federal poverty guidelines;	98845

(c) The respective local agency's history of and ability to	98846
utilize Title XX funds.	98847

(3) Each of the state departments shall expend for state	98848
administrative costs not more than three per cent of the Title XX	98849
funds appropriated to the department.	98850

Each state department shall establish for each of its	98851
respective local agencies the maximum percentage of the Title XX	98852
funds distributed to the respective local agency that the	98853
respective local agency may expend for local administrative costs.	98854
The percentage shall be established by rule and shall comply with	98855
federal law governing the use of Title XX funds. The rules shall	98856
be adopted in accordance with section 111.15 of the Revised Code	98857
as if they were internal management rules.	98858

(4) The department of job and family services shall expend	98859
for the training of the following not more than two per cent of	98860
the Title XX funds appropriated to the department:	98861

(a) Employees of county departments of job and family	98862
services;	98863

(b) Providers of services under contract with the state	98864
departments' respective local agencies;	98865

(c) Employees of a public children services agency directly	98866
engaged in providing Title XX services.	98867

(5) Title XX funds distributed for the purpose of providing	98868
family planning services shall be distributed by the respective	98869
local agencies according to the same order of priority that	98870
applies to the department of job and family services under section	98871
5101.101 of the Revised Code.	98872

(D) The department of job and family services shall prepare	98873
an annual comprehensive Title XX social services plan on the	98874
intended use of Title XX funds. The department shall develop a	98875
method for obtaining public comment during the development of the	98876
plan and following its completion.	98877

For each federal fiscal year, the department of job and	98878
family services shall prepare a report on the actual use of Title	98879
XX funds. The department shall make the annual report available	98880
for public inspection.	98881

The departments of ~~mental health~~mental health and addiction	98882
services and developmental disabilities shall prepare and submit	98883
to the department of job and family services the portions of each	98884
annual plan and report that apply to services for mental health	98885
and mental retardation and developmental disabilities. Each	98886
respective local agency of the three state departments shall	98887
submit information as necessary for the preparation of annual	98888
plans and reports.	98889

(E) Each county department of job and family services shall	98890
adopt a county profile for the administration and provision of	98891
Title XX social services in the county. In developing its county	98892
profile, the county department shall take into consideration the	98893
comments and recommendations received from the public by the	98894
county family services planning committee pursuant to section	98895
329.06 of the Revised Code. As part of its preparation of the	98896
county profile, the county department may prepare a local needs	98897
report analyzing the need for Title XX social services.	98898

The county department shall submit the county profile to the	98899
board of county commissioners for its review. Once the county	98900
profile has been approved by the board, the county department	98901
shall file a copy of the county profile with the department of job	98902
and family services. The department shall approve the county	98903
profile if the department determines the profile provides for the	98904
Title XX social services to meet the goals specified in division	98905
(B) of this section.	98906

(F) Any of the three state departments and their respective	98907
local agencies may require that an entity under contract to	98908
provide social services with Title XX funds submit to an audit on	98909
the basis of alleged misuse or improper accounting of funds. If an	98910
audit is required, the social services provider shall reimburse	98911
the state department or respective local agency for the cost it	98912
incurred in conducting the audit or having the audit conducted.	98913

If an audit demonstrates that a social services provider is	98914
responsible for one or more adverse findings, the provider shall	98915
reimburse the appropriate state department or its respective local	98916
agency the amount of the adverse findings. The amount shall not be	98917
reimbursed with Title XX funds received under this section. The	98918
three state departments and their respective local agencies may	98919
terminate or refuse to enter into a Title XX contract with a	98920
social services provider if there are adverse findings in an audit	98921
that are the responsibility of the provider.	98922

(G) Except with respect to the matters for which each of the	98923
state departments must adopt rules under division (C)(3) of this	98924
section, the department of job and family services may adopt any	98925
rules it considers necessary to implement and carry out the	98926
purposes of this section. Rules governing financial and	98927
operational matters of the department or matters between the	98928
department and county departments of job and family services shall	98929
be adopted as internal management rules in accordance with section	98930
111.15 of the Revised Code. Rules governing eligibility for	98931
services, program participation, and other matters pertaining to	98932
applicants and participants shall be adopted in accordance with	98933
Chapter 119. of the Revised Code.	98934

Sec. 5101.461. (A) As used in this section:

98935

(1) "Title IV-A" means Title IV-A of the "Social Security	98936
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	98937

(2) "Title XX" has the same meaning as in section 5101.46 of	98938
the Revised Code.	98939

(B) To the extent authorized by federal law, the department	98940
of job and family services may use funds received through the	98941
Title IV-A temporary assistance for needy families block grant for	98942
purposes of providing Title XX social services. The amount used	98943
under this section shall not exceed the maximum amount permitted	98944
by federal law. The funds and provision of Title XX social	98945
services with the funds are not subject to section 5101.46 of the	98946
Revised Code.	98947

Funds distributed under this section for the purpose of	98948
providing family planning services shall be distributed by a	98949
county department of job and family services according to the same	98950
order of priority that applies to the department of job and family	98951
services under section 5101.101 of the Revised Code.	98952

(C) The department and any county department of job and	98953
family services may require an entity under contract to provide	98954
Title XX social services with funds used under this section to	98955
submit to an audit on the basis of alleged misuse or improper	98956
accounting of funds. If an audit is required, the social services	98957
provider shall reimburse the state department or county department	98958
for the cost it incurred in conducting the audit or having the	98959
audit conducted.	98960

If an audit demonstrates that a social services provider is	98961
responsible for one or more adverse findings, the provider shall	98962
reimburse the state department or county department the amount of	98963
the adverse findings. The amount shall not be reimbursed with	98964
funds received under this section. The state department and county	98965
departments may terminate or refuse to enter into a contract with	98966
a social services provider to provide services with funds	98967
available pursuant to this section if there are adverse findings	98968
in an audit that are the responsibility of the provider.	98969

(D) The state department of job and family services may adopt	98970
rules to implement and carry out the purposes of this section.	98971
Rules governing financial and operational matters of the	98972
department or matters between the department and county	98973
departments of job and family services shall be adopted as	98974
internal management rules in accordance with section 111.15 of the	98975
Revised Code. Rules governing eligibility for services, program	98976
participation, and other matters pertaining to applicants and	98977
participants shall be adopted in accordance with Chapter 119. of	98978
the Revised Code.	98979

Sec. 5101.47. (A) Except as provided in divisions (B) and	98980
(C) of this section, the department of job and family services may	98981
accept applications, determine eligibility, redetermine	98982
eligibility, and perform related administrative activities for one	98983
or more of the following:	98984

(1) ~~The medicaid program established by Chapter 5111. of the~~	98985
~~Revised Code;~~	98986

~~(2) The children's health insurance program parts I, II, and~~	98987
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	98988
~~Code;~~	98989

~~(3)~~ Publicly funded child care provided under Chapter 5104.	98990
of the Revised Code;	98991

~~(4)~~(2) The supplemental nutrition assistance program	98992
administered by the department pursuant to section 5101.54 of the	98993
Revised Code;	98994

~~(5)~~(3) Other programs administered by the department that the	98995
director of job and family services determines are supportive of	98996
children, adults, or families;	98997

~~(6)~~(4) Other programs administered by the department	98998
regarding which the director determines administrative cost	98999
savings and efficiency may be achieved through the department	99000
accepting applications, determining eligibility, redetermining	99001
eligibility, or performing related administrative activities.	99002

(B) ~~To the extent permitted by federal law, the department~~	99003
~~may enter into agreements with one or more other state agencies,~~	99004
~~local government entities, or political subdivisions to accept~~	99005
~~applications, determine eligibility, redetermine eligibility, and~~	99006
~~perform related administrative activities on behalf of the~~	99007
~~department with respect to the medicaid program and the children's~~	99008
~~health insurance program.~~	99009

~~(C)~~ If federal law requires a face-to-face interview to	99010
complete an eligibility determination for a program specified in	99011
or pursuant to division (A) of this section, the face-to-face	99012
interview shall not be conducted by the department of job and	99013
family services.	99014

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	99015
department elects to accept applications, determine eligibility,	99016
redetermine eligibility, and perform related administrative	99017
activities for a program specified in or pursuant to division (A)	99018
of this section, both of the following apply:	99019

(1) An individual seeking services under the program may	99020
apply for the program to the department or to the entity that	99021
state law governing the program authorizes to accept applications	99022
for the program.	99023

(2) The department is subject to federal statutes and	99024
regulations and state statutes and rules that require, permit, or	99025
prohibit an action regarding accepting applications, determining	99026
or redetermining eligibility, and performing related	99027
administrative activities for the program.	99028

~~(E)~~(D) The director may adopt rules as necessary to implement	99029
this section.	99030

Sec. 5101.49. The department of job and family services	99031
shall administer funds received under the "Refugee Act of 1980,"	99032
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	99033
funds, the department may establish a refugee cash assistance	99034
program and a state legalization impact assistance program. The	99035
director of job and family services may adopt rules in accordance	99036
with section 111.15 of the Revised Code and issue appropriate	99037
orders as necessary for administration of these funds and	99038
programs.	99039

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	99040
Revised Code:	99041

(A) "Abuse" means the infliction upon an adult by self or	99042
others of injury, unreasonable confinement, intimidation, or cruel	99043
punishment with resulting physical harm, pain, or mental anguish.	99044

(B) "Adult" means any person sixty years of age or older	99045
within this state who is handicapped by the infirmities of aging	99046
or who has a physical or mental impairment which prevents the	99047
person from providing for the person's own care or protection, and	99048
who resides in an independent living arrangement. An "independent	99049
living arrangement" is a domicile of a person's own choosing,	99050
including, but not limited to, a private home, apartment, trailer,	99051
or rooming house. An "independent living arrangement" includes a	99052
residential facility licensed under section ~~5119.22~~5119.34 of the	99053
Revised Code that provides accommodations, supervision, and	99054
personal care services for three to sixteen unrelated adults, but	99055
does not include other institutions or facilities licensed by the	99056
state or facilities in which a person resides as a result of	99057
voluntary, civil, or criminal commitment.	99058

(C) "Caretaker" means the person assuming the responsibility	99059
for the care of an adult on a voluntary basis, by contract,	99060
through receipt of payment for care, as a result of a family	99061
relationship, or by order of a court of competent jurisdiction.	99062

(D) "Court" means the probate court in the county where an	99063
adult resides.	99064

(E) "Emergency" means that the adult is living in conditions	99065
which present a substantial risk of immediate and irreparable	99066
physical harm or death to self or any other person.	99067

(F) "Emergency services" means protective services furnished	99068
to an adult in an emergency.	99069

(G) "Exploitation" means the unlawful or improper act of a	99070
caretaker using an adult or an adult's resources for monetary or	99071
personal benefit, profit, or gain.	99072

(H) "In need of protective services" means an adult known or	99073
suspected to be suffering from abuse, neglect, or exploitation to	99074
an extent that either life is endangered or physical harm, mental	99075
anguish, or mental illness results or is likely to result.	99076

(I) "Incapacitated person" means a person who is impaired for	99077
any reason to the extent that the person lacks sufficient	99078
understanding or capacity to make and carry out reasonable	99079
decisions concerning the person's self or resources, with or	99080
without the assistance of a caretaker. Refusal to consent to the	99081
provision of services shall not be the sole determinative that the	99082
person is incapacitated. "Reasonable decisions" are decisions made	99083
in daily living which facilitate the provision of food, shelter,	99084
clothing, and health care necessary for life support.	99085

(J) "Mental illness" means a substantial disorder of thought,	99086
mood, perception, orientation, or memory that grossly impairs	99087
judgment, behavior, capacity to recognize reality, or ability to	99088
meet the ordinary demands of life.	99089

(K) "Neglect" means the failure of an adult to provide for	99090
self the goods or services necessary to avoid physical harm,	99091
mental anguish, or mental illness or the failure of a caretaker to	99092
provide such goods or services.	99093

(L) "Peace officer" means a peace officer as defined in	99094
section 2935.01 of the Revised Code.	99095

(M) "Physical harm" means bodily pain, injury, impairment, or	99096
disease suffered by an adult.	99097

(N) "Protective services" means services provided by the	99098
county department of job and family services or its designated	99099
agency to an adult who has been determined by evaluation to	99100
require such services for the prevention, correction, or	99101
discontinuance of an act of as well as conditions resulting from	99102
abuse, neglect, or exploitation. Protective services may include,	99103
but are not limited to, case work services, medical care, mental	99104
health services, legal services, fiscal management, home health	99105
care, homemaker services, housing-related services, guardianship	99106
services, and placement services as well as the provision of such	99107
commodities as food, clothing, and shelter.	99108

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	99109
and Friday, except when such day is a holiday as defined in	99110
section 1.14 of the Revised Code.	99111

Sec. 5101.61. (A) As used in this section:

99112

(1) "Senior service provider" means any person who provides	99113
care or services to a person who is an adult as defined in	99114
division (B) of section 5101.60 of the Revised Code.	99115

(2) "Ambulatory health facility" means a nonprofit, public or	99116
proprietary freestanding organization or a unit of such an agency	99117
or organization that:	99118

(a) Provides preventive, diagnostic, therapeutic,	99119
rehabilitative, or palliative items or services furnished to an	99120
outpatient or ambulatory patient, by or under the direction of a	99121
physician or dentist in a facility which is not a part of a	99122
hospital, but which is organized and operated to provide medical	99123
care to outpatients;	99124

(b) Has health and medical care policies which are developed	99125
with the advice of, and with the provision of review of such	99126
policies, an advisory committee of professional personnel,	99127
including one or more physicians, one or more dentists, if dental	99128
care is provided, and one or more registered nurses;	99129

(c) Has a medical director, a dental director, if dental care	99130
is provided, and a nursing director responsible for the execution	99131
of such policies, and has physicians, dentists, nursing, and	99132
ancillary staff appropriate to the scope of services provided;	99133

(d) Requires that the health care and medical care of every	99134
patient be under the supervision of a physician, provides for	99135
medical care in a case of emergency, has in effect a written	99136
agreement with one or more hospitals and other centers or clinics,	99137
and has an established patient referral system to other resources,	99138
and a utilization review plan and program;	99139

(e) Maintains clinical records on all patients;

99140

(f) Provides nursing services and other therapeutic services	99141
in accordance with programs and policies, with such services	99142
supervised by a registered professional nurse, and has a	99143
registered professional nurse on duty at all times of clinical	99144
operations;	99145

(g) Provides approved methods and procedures for the	99146
dispensing and administration of drugs and biologicals;	99147

(h) Has established an accounting and record keeping system	99148
to determine reasonable and allowable costs;	99149

(i) "Ambulatory health facilities" also includes an	99150
alcoholism treatment facility approved by the joint commission on	99151
accreditation of healthcare organizations as an alcoholism	99152
treatment facility or certified by the department of ~~alcohol and~~	99153
~~drug addiction services~~mental health and addiction services, and	99154
such facility shall comply with other provisions of this division	99155
not inconsistent with such accreditation or certification.	99156

(3) "Community mental health facility" means a facility which	99157
provides community mental health services and is included in the	99158
comprehensive mental health plan for the alcohol, drug addiction,	99159
and mental health service district in which it is located.	99160

(4) "Community mental health service" means services, other	99161
than inpatient services, provided by a community mental health	99162
facility.	99163

(5) "Home health agency" means an institution or a distinct	99164
part of an institution operated in this state which:	99165

(a) Is primarily engaged in providing home health services;

99166

(b) Has home health policies which are established by a group	99167
of professional personnel, including one or more duly licensed	99168
doctors of medicine or osteopathy and one or more registered	99169
professional nurses, to govern the home health services it	99170
provides and which includes a requirement that every patient must	99171
be under the care of a duly licensed doctor of medicine or	99172
osteopathy;	99173

(c) Is under the supervision of a duly licensed doctor of	99174
medicine or doctor of osteopathy or a registered professional	99175
nurse who is responsible for the execution of such home health	99176
policies;	99177

(d) Maintains comprehensive records on all patients;

99178

(e) Is operated by the state, a political subdivision, or an	99179
agency of either, or is operated not for profit in this state and	99180
is licensed or registered, if required, pursuant to law by the	99181
appropriate department of the state, county, or municipality in	99182
which it furnishes services; or is operated for profit in this	99183
state, meets all the requirements specified in divisions (A)(5)(a)	99184
to (d) of this section, and is certified under Title XVIII of the	99185
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	99186
amended.	99187

(6) "Home health service" means the following items and	99188
services, provided, except as provided in division (A)(6)(g) of	99189
this section, on a visiting basis in a place of residence used as	99190
the patient's home:	99191

(a) Nursing care provided by or under the supervision of a	99192
registered professional nurse;	99193

(b) Physical, occupational, or speech therapy ordered by the	99194
patient's attending physician;	99195

(c) Medical social services performed by or under the	99196
supervision of a qualified medical or psychiatric social worker	99197
and under the direction of the patient's attending physician;	99198

(d) Personal health care of the patient performed by aides in	99199
accordance with the orders of a doctor of medicine or osteopathy	99200
and under the supervision of a registered professional nurse;	99201

(e) Medical supplies and the use of medical appliances;

99202

(f) Medical services of interns and residents-in-training	99203
under an approved teaching program of a nonprofit hospital and	99204
under the direction and supervision of the patient's attending	99205
physician;	99206

(g) Any of the foregoing items and services which:

99207

(i) Are provided on an outpatient basis under arrangements	99208
made by the home health agency at a hospital or skilled nursing	99209
facility;	99210

(ii) Involve the use of equipment of such a nature that the	99211
items and services cannot readily be made available to the patient	99212
in the patient's place of residence, or which are furnished at the	99213
hospital or skilled nursing facility while the patient is there to	99214
receive any item or service involving the use of such equipment.	99215

Any attorney, physician, osteopath, podiatrist, chiropractor,	99216
dentist, psychologist, any employee of a hospital as defined in	99217
section 3701.01 of the Revised Code, any nurse licensed under	99218
Chapter 4723. of the Revised Code, any employee of an ambulatory	99219
health facility, any employee of a home health agency, any	99220
employee of a residential facility licensed under section ~~5119.22~~	99221
5119.34 of the Revised Code that provides accommodations,	99222
supervision, and personal care services for three to sixteen	99223
unrelated adults, any employee of a nursing home, residential care	99224
facility, or home for the aging, as defined in section 3721.01 of	99225
the Revised Code, any senior service provider, any peace officer,	99226
coroner, member of the clergy, any employee of a community mental	99227
health facility, and any person engaged in social work or	99228
counseling having reasonable cause to believe that an adult is	99229
being abused, neglected, or exploited, or is in a condition which	99230
is the result of abuse, neglect, or exploitation shall immediately	99231
report such belief to the county department of job and family	99232
services. This section does not apply to employees of any hospital	99233
or public hospital as defined in section 5122.01 of the Revised	99234
Code.	99235

(B) Any person having reasonable cause to believe that an	99236
adult has suffered abuse, neglect, or exploitation may report, or	99237
cause reports to be made of such belief to the department.	99238

(C) The reports made under this section shall be made orally	99239
or in writing except that oral reports shall be followed by a	99240
written report if a written report is requested by the department.	99241
Written reports shall include:	99242

(1) The name, address, and approximate age of the adult who	99243
is the subject of the report;	99244

(2) The name and address of the individual responsible for	99245
the adult's care, if any individual is, and if the individual is	99246
known;	99247

(3) The nature and extent of the alleged abuse, neglect, or	99248
exploitation of the adult;	99249

(4) The basis of the reporter's belief that the adult has	99250
been abused, neglected, or exploited.	99251

(D) Any person with reasonable cause to believe that an adult	99252
is suffering abuse, neglect, or exploitation who makes a report	99253
pursuant to this section or who testifies in any administrative or	99254
judicial proceeding arising from such a report, or any employee of	99255
the state or any of its subdivisions who is discharging	99256
responsibilities under section 5101.62 of the Revised Code shall	99257
be immune from civil or criminal liability on account of such	99258
investigation, report, or testimony, except liability for perjury,	99259
unless the person has acted in bad faith or with malicious	99260
purpose.	99261

(E) No employer or any other person with the authority to do	99262
so shall discharge, demote, transfer, prepare a negative work	99263
performance evaluation, or reduce benefits, pay, or work	99264
privileges, or take any other action detrimental to an employee or	99265
in any way retaliate against an employee as a result of the	99266
employee's having filed a report under this section.	99267

(F) Neither the written or oral report provided for in this	99268
section nor the investigatory report provided for in section	99269
5101.62 of the Revised Code shall be considered a public record as	99270
defined in section 149.43 of the Revised Code. Information	99271
contained in the report shall upon request be made available to	99272
the adult who is the subject of the report, to agencies authorized	99273
by the department to receive information contained in the report,	99274
and to legal counsel for the adult.	99275

Sec. 5101.80. (A) As used in this section and in section	99276
5101.801 of the Revised Code:	99277

(1) "County family services agency" has the same meaning as	99278
in section 307.981 of the Revised Code.	99279

(2) "State agency" has the same meaning as in section 9.82 of	99280
the Revised Code.	99281

(3) "Title IV-A administrative agency" means both of the	99282
following:	99283

(a) A county family services agency or state agency	99284
administering a Title IV-A program under the supervision of the	99285
department of job and family services;	99286

(b) A government agency or private, not-for-profit entity	99287
administering a project funded in whole or in part with funds	99288
provided under the Title IV-A demonstration program created under	99289
section 5101.803 of the Revised Code.	99290

(4) "Title IV-A program" means all of the following that are	99291
funded in part with funds provided under the temporary assistance	99292
for needy families block grant established by Title IV-A of the	99293
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99294
amended:	99295

(a) The Ohio works first program established under Chapter	99296
5107. of the Revised Code;	99297

(b) The prevention, retention, and contingency program	99298
established under Chapter 5108. of the Revised Code;	99299

(c) A program established by the general assembly or an	99300
executive order issued by the governor that is administered or	99301
supervised by the department of job and family services pursuant	99302
to section 5101.801 of the Revised Code;	99303

(d) The kinship permanency incentive program created under	99304
section 5101.802 of the Revised Code;	99305

(e) The Title IV-A demonstration program created under	99306
section 5101.803 of the Revised Code;	99307

(f) The Ohio parenting and pregnancy program created under	99308
section 5101.804 of the Revised Code;	99309

(g) A component of a Title IV-A program identified under	99310
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	99311
state plan prepared under division (C)(1) of this section	99312
identifies as a component.	99313

(B) The department of job and family services shall act as	99314
the single state agency to administer and supervise the	99315
administration of Title IV-A programs. The Title IV-A state plan	99316
and amendments to the plan prepared under division (C) of this	99317
section are binding on Title IV-A administrative agencies. No	99318
Title IV-A administrative agency may establish, by rule or	99319
otherwise, a policy governing a Title IV-A program that is	99320
inconsistent with a Title IV-A program policy established, in rule	99321
or otherwise, by the director of job and family services.	99322

(C) The department of job and family services shall do all of	99323
the following:	99324

(1) Prepare and submit to the United States secretary of	99325
health and human services a Title IV-A state plan for Title IV-A	99326
programs;	99327

(2) Prepare and submit to the United States secretary of	99328
health and human services amendments to the Title IV-A state plan	99329
that the department determines necessary, including amendments	99330
necessary to implement Title IV-A programs identified in divisions	99331
(A)(4)(c) to ~~(f)~~(g) of this section;	99332

(3) Prescribe forms for applications, certificates, reports,	99333
records, and accounts of Title IV-A administrative agencies, and	99334
other matters related to Title IV-A programs;	99335

(4) Make such reports, in such form and containing such	99336
information as the department may find necessary to assure the	99337
correctness and verification of such reports, regarding Title IV-A	99338
programs;	99339

(5) Require reports and information from each Title IV-A	99340
administrative agency as may be necessary or advisable regarding a	99341
Title IV-A program;	99342

(6) Afford a fair hearing in accordance with section 5101.35	99343
of the Revised Code to any applicant for, or participant or former	99344
participant of, a Title IV-A program aggrieved by a decision	99345
regarding the program;	99346

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	99347
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	99348
5101.803, and 5101.804 of the Revised Code, any sums appropriated	99349
by the general assembly for the purpose of those chapters and	99350
sections and all sums paid to the state by the secretary of the	99351
treasury of the United States as authorized by Title IV-A of the	99352
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99353
amended;	99354

(8) Conduct investigations and audits as are necessary	99355
regarding Title IV-A programs;	99356

(9) Enter into reciprocal agreements with other states	99357
relative to the provision of Ohio works first and prevention,	99358
retention, and contingency to residents and nonresidents;	99359

(10) Contract with a private entity to conduct an independent	99360
on-going evaluation of the Ohio works first program and the	99361
prevention, retention, and contingency program. The contract must	99362
require the private entity to do all of the following:	99363

(a) Examine issues of process, practice, impact, and	99364
outcomes;	99365

(b) Study former participants of Ohio works first who have	99366
not participated in Ohio works first for at least one year to	99367
determine whether they are employed, the type of employment in	99368
which they are engaged, the amount of compensation they are	99369
receiving, whether their employer provides health insurance,	99370
whether and how often they have received benefits or services	99371
under the prevention, retention, and contingency program, and	99372
whether they are successfully self sufficient;	99373

(c) Provide the department with reports at times the	99374
department specifies.	99375

(11) Not later than the last day of each January and July,	99376
prepare a report containing information on the following:	99377

(a) Individuals exhausting the time limits for participation	99378
in Ohio works first set forth in section 5107.18 of the Revised	99379
Code.	99380

(b) Individuals who have been exempted from the time limits	99381
set forth in section 5107.18 of the Revised Code and the reasons	99382
for the exemption.	99383

(D) The department shall provide copies of the reports it	99384
receives under division (C)(10) of this section and prepares under	99385
division (C)(11) of this section to the governor, the president	99386
and minority leader of the senate, and the speaker and minority	99387
leader of the house of representatives. The department shall	99388
provide copies of the reports to any private or government entity	99389
on request.	99390

(E) An authorized representative of the department or a	99391
county family services agency or state agency administering a	99392
Title IV-A program shall have access to all records and	99393
information bearing thereon for the purposes of investigations	99394
conducted pursuant to this section. An authorized representative	99395
of a government entity or private, not-for-profit entity	99396
administering a project funded in whole or in part with funds	99397
provided under the Title IV-A demonstration program shall have	99398
access to all records and information bearing on the project for	99399
the purpose of investigations conducted pursuant to this section.	99400

Sec. 5101.801. (A) Except as otherwise provided by the law	99401
enacted by the general assembly or executive order issued by the	99402
governor establishing the Title IV-A program, a Title IV-A program	99403
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	99404
section 5101.80 of the Revised Code shall provide benefits and	99405
services that are not "assistance" as defined in 45 C.F.R.	99406
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	99407
excludes from the definition of assistance.	99408

(B)(1) Except as otherwise provided by the law enacted by the	99409
general assembly or executive order issued by the governor	99410
establishing the Title IV-A program, the department of job and	99411
family services shall do either of the following regarding a Title	99412
IV-A program identified under division (A)(4)(c), (d), (e), or	99413
(f), or (g) of section 5101.80 of the Revised Code:	99414

(a) Administer the program or supervise a county family	99415
services agency's administration of the program;	99416

(b) Enter into an interagency agreement with a state agency	99417
for the state agency to administer the program under the	99418
department's supervision.	99419

(2) The department may enter into an agreement with a	99420
government entity and, to the extent permitted by federal law, a	99421
private, not-for-profit entity for the entity to receive funding	99422
for a project under the Title IV-A demonstration program created	99423
under section 5101.803 of the Revised Code.	99424

(3) To the extent permitted by federal law, the department	99425
may enter into an agreement with a private, not-for-profit entity	99426
for the entity to receive funds under the Ohio parenting and	99427
pregnancy program created under section 5101.804 of the Revised	99428
Code.	99429

(C) The department may adopt rules governing Title IV-A	99430
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	99431
and (g) of section 5101.80 of the Revised Code. Rules governing	99432
financial and operational matters of the department or between the	99433
department and county family services agencies shall be adopted as	99434
internal management rules adopted in accordance with section	99435
111.15 of the Revised Code. All other rules shall be adopted in	99436
accordance with Chapter 119. of the Revised Code.	99437

(D) If the department enters into an agreement regarding a	99438
Title IV-A program identified under division (A)(4)(c), (e), or	99439
(f), or (g) of section 5101.80 of the Revised Code pursuant to	99440
division (B)(1)(b) or (2) of this section, the agreement shall	99441
include at least all of the following:	99442

(1) A requirement that the state agency or entity comply with	99443
the requirements for the program or project, including all of the	99444
following requirements established by federal statutes and	99445
regulations, state statutes and rules, the United States office of	99446
management and budget, and the Title IV-A state plan prepared	99447
under section 5101.80 of the Revised Code:	99448

(a) Eligibility;

99449

(b) Reports;

99450

99451

(d) Use of funds;

99452

(e) Appeals for applicants for, and recipients and former	99453
recipients of, the benefits and services;	99454

(f) Audits.

99455

(2) A complete description of all of the following:

99456

(a) The benefits and services that the program or project is	99457
to provide;	99458

(b) The methods of program or project administration;

99459

(c) The appeals process under section 5101.35 of the Revised	99460
Code for applicants for, and recipients and former recipients of,	99461
the program or project's benefits and services;	99462

(d) Other requirements that the department requires be	99463
included.	99464

(3) Procedures for the department to approve a policy,	99465
established by rule or otherwise, that the state agency or entity	99466
establishes for the program or project before the policy is	99467
established;	99468

(4) Provisions regarding how the department is to reimburse	99469
the state agency or entity for allowable expenditures under the	99470
program or project that the department approves, including all of	99471
the following:	99472

(a) Limitations on administrative costs;

99473

(b) The department, at its discretion, doing either of the	99474
following:	99475

(i) Withholding no more than five per cent of the funds that	99476
the department would otherwise provide to the state agency or	99477
entity for the program or project;	99478

(ii) Charging the state agency or entity for the costs to the	99479
department of performing, or contracting for the performance of,	99480
audits and other administrative functions associated with the	99481
program or project.	99482

(5) If the state agency or entity arranges by contract,	99483
grant, or other agreement for another entity to perform a function	99484
the state agency or entity would otherwise perform regarding the	99485
program or project, the state agency or entity's responsibilities	99486
for both of the following:	99487

(a) Ensuring that the other entity complies with the	99488
agreement between the state agency or entity and department and	99489
federal statutes and regulations and state statutes and rules	99490
governing the use of funds for the program or project;	99491

(b) Auditing the other entity in accordance with requirements	99492
established by the United States office of management and budget.	99493

(6) The state agency or entity's responsibilities regarding	99494
the prompt payment, including any interest assessed, of any	99495
adverse audit finding, final disallowance of federal funds, or	99496
other sanction or penalty imposed by the federal government,	99497
auditor of state, department, a court, or other entity regarding	99498
funds for the program or project;	99499

(7) Provisions for the department to terminate the agreement	99500
or withhold reimbursement from the state agency or entity if	99501
either of the following occur:	99502

(a) The federal government disapproves the program or project	99503
or reduces federal funds for the program or project;	99504

(b) The state agency or entity fails to comply with the terms	99505
of the agreement.	99506

(8) Provisions for both of the following:

99507

(a) The department and state agency or entity determining the	99508
performance outcomes expected for the program or project;	99509

(b) An evaluation of the program or project to determine its	99510
success in achieving the performance outcomes determined under	99511
division (D)(8)(a) of this section.	99512

(E) To the extent consistent with the law enacted by the	99513
general assembly or executive order issued by the governor	99514
establishing the Title IV-A program and subject to the approval of	99515
the director of budget and management, the director of job and	99516
family services may terminate a Title IV-A program identified	99517
under division (A)(4)(c), (d), (e), or (f), or (g) of section	99518
5101.80 of the Revised Code or reduce funding for the program if	99519
the director of job and family services determines that federal or	99520
state funds are insufficient to fund the program. If the director	99521
of budget and management approves the termination or reduction in	99522
funding for such a program, the director of job and family	99523
services shall issue instructions for the termination or funding	99524
reduction. If a Title IV-A administrative agency is administering	99525
the program, the agency is bound by the termination or funding	99526
reduction and shall comply with the director's instructions.	99527

(F) The director of job and family services may adopt	99528
internal management rules in accordance with section 111.15 of the	99529
Revised Code as necessary to implement this section. The rules are	99530
binding on each Title IV-A administrative agency.	99531

Sec. 5101.803. (A) Subject to division (E) of section	99532
5101.801 of the Revised Code, there is hereby created the Title	99533
IV-A demonstration program to provide funding for innovative and	99534
promising prevention and intervention projects that meet one or	99535
more of the four purposes of the temporary assistance for needy	99536
families block grant as specified in 42 U.S.C. 601 and are for	99537
individuals with specific and multiple barriers to achieving or	99538
maintaining self-sufficiency and personal responsibility. The	99539
department of job and family services may provide funding for such	99540
projects to government entities and, to the extent permitted by	99541
federal law, private, not-for-profit entities with which the	99542
department enters into agreements under division (B)(2) of section	99543
5101.801 of the Revised Code.	99544

In accordance with criteria the department develops, the	99545
department may solicit proposals ~~for~~from entities seeking to	99546
enter into an agreement with the department under division (B)(2)	99547
of section 5101.801 of the Revised Code. The department may enter	99548
into such agreements with entities that do both of the following:	99549

(1) Meet the proposals' criteria;

99550

(2) If the entity's proposed project does not potentially	99551
affect persons in each county of the state, provides the	99552
department evidence that the entity has notified, in writing, the	99553
county department of job and family services of each county where	99554
persons may be affected by the implementation of the project.	99555

(B) In developing the criteria, soliciting the proposals, and	99556
entering in the agreements, the department shall comply with all	99557
applicable federal and state laws, the Title IV-A state plan	99558
submitted to the United States secretary of health and human	99559
services under section 5101.80 of the Revised Code, amendments to	99560
the Title IV-A state plan submitted to the United States secretary	99561
under that section, and federal waivers the United States	99562
secretary grants.	99563

(C) The department shall begin implementation of the Title	99564
IV-A demonstration program no later than January 1, 2006.	99565

Sec. 5101.804. (A) Subject to division (E) of section	99566
5101.801 of the Revised Code, there is hereby created the Ohio	99567
parenting and pregnancy program to provide services for pregnant	99568
women and parents or other relatives caring for children twelve	99569
months of age or younger that do both of the following:	99570

(1) Promote childbirth, parenting, and alternatives to	99571
abortion;	99572

(2) Meet one or more of the four purposes of the temporary	99573
assistance for needy families block grant as specified in 42	99574
U.S.C. 601.	99575

(B) To the extent permitted by federal law, the department of	99576
job and family services may provide funds under the program to	99577
entities with which the department enters into agreements under	99578
division (B)(3) of section 5101.801 of the Revised Code. In	99579
accordance with criteria the department develops, the department	99580
may solicit proposals from entities seeking to provide services	99581
under the program. The department may enter into an agreement with	99582
an entity only if it meets all of the following conditions:	99583

(1) Is a private, not-for-profit entity;

99584

(2) Is an entity whose primary purpose is to promote	99585
childbirth, rather than abortion, through counseling and other	99586
services, including parenting and adoption support;	99587

(3) Provides services to pregnant women and parents or other	99588
relatives caring for children twelve months of age or younger,	99589
including clothing, counseling, diapers, food, furniture, health	99590
care, parenting classes, postpartum recovery, shelter, and any	99591
other supportive services, programs, or related outreach;	99592

(4) Does not charge pregnant women and parents or other	99593
relatives caring for children twelve months of age or younger a	99594
fee for any services received;	99595

(5) Is not involved in or associated with any abortion	99596
activities, including providing abortion counseling or referrals	99597
to abortion clinics, performing abortion-related medical	99598
procedures, or engaging in pro-abortion advertising;	99599

(6) Does not discriminate in its provision of services on the	99600
basis of race, religion, color, age, marital status, national	99601
origin, disability, or gender.	99602

(C) An entity that has entered into an agreement with the	99603
department under division (B)(3) of section 5101.801 of the	99604
Revised Code may enter into a subcontract with another entity	99605
under which the other entity provides all or part of the services	99606
described in division (B)(3) of this section. A subcontract may be	99607
entered into with another entity only if that entity meets all of	99608
the following conditions:	99609

(1) Is a private, not-for-profit entity;

99610

(2) Is physically and financially separate from any entity,	99611
or component of an entity, that engages in abortion activities;	99612

(3) Is not involved in or associated with any abortion	99613
activities, including providing abortion counseling or referrals	99614
to abortion clinics, performing abortion-related medical	99615
procedures, or engaging in pro-abortion advertising.	99616

(D) The director of job and family services shall adopt rules	99617
under division (C) of section 5101.801 of the Revised Code as	99618
necessary to implement the Ohio parenting and pregnancy program.	99619

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	99620
Revised Code:	99621

(A)(1) "Association" or "institution" includes ~~any~~all of the	99622
following:	99623

(a) Any incorporated or unincorporated organization, society,	99624
association, or agency, public or private, that receives or cares	99625
for children for two or more consecutive weeks, including a	99626
therapeutic wilderness camp; ~~any~~	99627

(b) Any individual, including the operator of a foster home,	99628
who, for hire, gain, or reward, receives or cares for children for	99629
two or more consecutive weeks, unless the individual is related to	99630
them by blood or marriage; ~~and any~~	99631

(c) Any individual not in the regular employ of a court, or	99632
of an institution or association certified in accordance with	99633
section 5103.03 of the Revised Code, who in any manner becomes a	99634
party to the placing of children in foster homes, unless the	99635
individual is related to such children by blood or marriage, or is	99636
the appointed guardian of such children~~; provided, that any~~.	99637

(2) "Association" or "institution" does not include any of	99638
the following:	99639

(a) Any organization, society, association, school, agency,	99640
child guidance center, detention or rehabilitation facility, or	99641
children's clinic licensed, regulated, approved, operated under	99642
the direction of, or otherwise certified by the department of	99643
education, a local board of education, the department of youth	99644
services, the department of ~~mental health~~mental health and	99645
addiction services, or the department of developmental	99646
disabilities~~, or any~~;	99647

(b) Any individual who provides care for only a single-family	99648
group, placed there by their parents or other relative having	99649
custody~~, shall not be considered as being within the purview of~~	99650
~~these sections~~.	99651

(B) "Family foster home" means a foster home that is not a	99652
specialized foster home.	99653

(C) "Foster caregiver" means a person holding a valid foster	99654
home certificate issued under section 5103.03 of the Revised Code.	99655

(D) "Foster home" means a private residence in which children	99656
are received apart from their parents, guardian, or legal	99657
custodian, by an individual reimbursed for providing the children	99658
nonsecure care, supervision, or training twenty-four hours a day.	99659
"Foster home" does not include care provided for a child in the	99660
home of a person other than the child's parent, guardian, or legal	99661
custodian while the parent, guardian, or legal custodian is	99662
temporarily away. Family foster homes and specialized foster homes	99663
are types of foster homes.	99664

(E) "Medically fragile foster home" means a foster home that	99665
provides specialized medical services designed to meet the needs	99666
of children with intensive health care needs who meet all of the	99667
following criteria:	99668

(1) Under rules adopted by the ~~department of job and family~~	99669
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	99670
~~of the Revised Code~~medicaid payments for long-term care services,	99671
the children require a skilled level of care.	99672

(2) The children require the services of a doctor of medicine	99673
or osteopathic medicine at least once a week due to the	99674
instability of their medical conditions.	99675

(3) The children require the services of a registered nurse	99676
on a daily basis.	99677

(4) The children are at risk of institutionalization in a	99678
hospital, skilled nursing facility, or intermediate care facility	99679
for ~~the mentally retarded~~individuals with intellectual	99680
disabilities.	99681

(F) "Recommending agency" means a public children services	99682
agency, private child placing agency, or private noncustodial	99683
agency that recommends that the department of job and family	99684
services take any of the following actions under section 5103.03	99685
of the Revised Code regarding a foster home:	99686

(1) Issue a certificate;

99687

(2) Deny a certificate;

99688

(3) Renew a certificate;

99689

(4) Deny renewal of a certificate;

99690

(5) Revoke a certificate.

99691

(G) "Specialized foster home" means a medically fragile	99692
foster home or a treatment foster home.	99693

(H) "Treatment foster home" means a foster home that	99694
incorporates special rehabilitative services designed to treat the	99695
specific needs of the children received in the foster home and	99696
that receives and cares for children who are emotionally or	99697
behaviorally disturbed, chemically dependent, mentally retarded,	99698
developmentally disabled, or who otherwise have exceptional needs.	99699

(I) "Therapeutic wilderness camp" means a structured,	99700
alternative residential setting for children who are experiencing	99701
emotional, behavioral, moral, social, or learning difficulties at	99702
home or school in which both of the following are the case:	99703

(1) The children spend the majority of their time, including	99704
overnight, either outdoors or in a primitive structure;	99705

(2) The children have been placed there by their parents or	99706
another relative having custody.	99707

Sec. 5103.0323. (A) As used in this section, ~~"government~~	99708
~~auditing standards" means the government auditing standards~~	99709
~~published by the comptroller general of the United States general~~	99710
~~accounting office~~"American institute of certified public	99711
accountants auditing standards" and "AICPA auditing standards"	99712
mean the auditing standards published by the American institute of	99713
certified public accountants.	99714

(B) The first time that a private child placing agency or	99715
private noncustodial agency seeks renewal of a certificate issued	99716
under section 5103.03 of the Revised Code, it shall provide the	99717
department of job and family services, as a condition of renewal,	99718
evidence of an independent financial statement audit ~~of its first~~	99719
~~year of certification, unless the auditor of state has audited the~~	99720
~~agency during that year and the audit sets forth that no money has~~	99721
~~been illegally expended, converted, misappropriated, or is~~	99722
~~unaccounted for or sets forth findings that are inconsequential,~~	99723
~~as defined by government~~performed by a licensed public accounting	99724
firm following applicable AICPA auditing standards for the most	99725
recent fiscal year. Thereafter, when an agency seeks renewal of	99726
its certificate, it shall provide the department evidence of an	99727
independent financial statement audit performed by a licensed	99728
public accounting firm following applicable AICPA auditing	99729
standards for the two most recent previous fiscal years it is	99730
possible for an independent audit to have been conducted~~, unless~~	99731
~~the auditor of state has audited the agency during those years and~~	99732
~~the audit sets forth that no money has been illegally expended,~~	99733
~~converted, misappropriated, or is unaccounted for or sets forth~~	99734
~~findings that are inconsequential, as defined by government~~	99735
~~auditing standards~~.	99736

(C) For an agency to be eligible for renewal, the independent	99737
audits must demonstrate that the agency operated in a fiscally	99738
accountable manner ~~in accordance with state laws and rules and any~~	99739
~~agreement between the agency and a public children services~~	99740
~~agency.~~	99741

~~All audits required by this section shall be conducted in~~	99742
~~accordance with generally accepted government auditing standards~~	99743
as determined by the department of job and family services.	99744

(D) The director of job and family services may adopt rules	99745
as necessary to implement this section. The director shall adopt	99746
the rules in accordance with section 111.15 of the Revised Code.	99747

Sec. 5103.13. (A) As used in this section and section	99748
5103.131 of the Revised Code:	99749

(1)(a) "Children's crisis care facility" means a facility	99750
that has as its primary purpose the provision of residential and	99751
other care to either or both of the following:	99752

(i) One or more preteens voluntarily placed in the facility	99753
by the preteen's parent or other caretaker who is facing a crisis	99754
that causes the parent or other caretaker to seek temporary care	99755
for the preteen and referral for support services;	99756

(ii) One or more preteens placed in the facility by a public	99757
children services agency or private child placing agency that has	99758
legal custody or permanent custody of the preteen and determines	99759
that an emergency situation exists necessitating the preteen's	99760
placement in the facility rather than an institution certified	99761
under section 5103.03 of the Revised Code or elsewhere.	99762

(b) "Children's crisis care facility" does not include either	99763
of the following:	99764

(i) Any organization, society, association, school, agency,	99765
child guidance center, detention or rehabilitation facility, or	99766
children's clinic licensed, regulated, approved, operated under	99767
the direction of, or otherwise certified by the department of	99768
education, a local board of education, the department of youth	99769
services, the department of ~~mental health~~mental health and	99770
addiction services, or the department of developmental	99771
disabilities;	99772

(ii) Any individual who provides care for only a	99773
single-family group, placed there by their parents or other	99774
relative having custody.	99775

(2) "Legal custody" and "permanent custody" have the same	99776
meanings as in section 2151.011 of the Revised Code.	99777

(3) "Preteen" means an individual under thirteen years of	99778
age.	99779

(B) No person shall operate a children's crisis care facility	99780
or hold a children's crisis care facility out as a certified	99781
children's crisis care facility unless there is a valid children's	99782
crisis care facility certificate issued under this section for the	99783
facility.	99784

(C) A person seeking to operate a children's crisis care	99785
facility shall apply to the director of job and family services to	99786
obtain a certificate for the facility. The director shall certify	99787
the person's children's crisis care facility if the facility meets	99788
all of the certification standards established in rules adopted	99789
under division (F) of this section and the person complies with	99790
all of the rules governing the certification of children's crisis	99791
care facilities adopted under that division. The issuance of a	99792
children's crisis care facility certificate does not exempt the	99793
facility from a requirement to obtain another certificate or	99794
license mandated by law.	99795

(D)(1) No certified children's crisis care facility shall do	99796
any of the following:	99797

(a) Provide residential care to a preteen for more than one	99798
hundred twenty days in a calendar year;	99799

(b) Subject to division (D)(1)(c) of this section and except	99800
as provided in division (D)(2) of this section, provide	99801
residential care to a preteen for more than sixty consecutive	99802
days;	99803

(c) Except as provided in division (D)(3) of this section,	99804
provide residential care to a preteen for more than seventy-two	99805
consecutive hours if a public children services agency or private	99806
child placing agency placed the preteen in the facility;	99807

(d) Fail to comply with section 2151.86 of the Revised Code.

99808

(2) A certified children's crisis care facility may provide	99809
residential care to a preteen for up to ninety consecutive days,	99810
other than a preteen placed in the facility by a public children	99811
services agency or private child placing agency, if any of the	99812
following are the case:	99813

(a) The preteen's parent or other caretaker is enrolled in an	99814
alcohol and drug addiction ~~program certified under section 3793.06~~	99815
~~of the Revised Code~~service or a community mental health service	99816
certified under section ~~5119.611~~5119.36 of the Revised Code;	99817

(b) The preteen's parent or other caretaker is an inpatient	99818
in a hospital;	99819

99820

(d) A physician has diagnosed the preteen's parent or other	99821
caretaker as medically incapacitated.	99822

(3) A certified children's crisis care facility may provide	99823
residential care to a preteen placed in the facility by a public	99824
children services agency or private child placing agency for more	99825
than seventy-two consecutive hours if the director of job and	99826
family services or the director's designee issues the agency a	99827
waiver of the seventy-two consecutive hour limitation. The waiver	99828
may authorize the certified children's crisis care facility to	99829
provide residential care to the preteen for up to fourteen	99830
consecutive days.	99831

(E) The director of job and family services may suspend or	99832
revoke a children's crisis care facility's certificate pursuant to	99833
Chapter 119. of the Revised Code if the facility violates division	99834
(D) of this section or ceases to meet any of the certification	99835
standards established in rules adopted under division (F) of this	99836
section or the facility's operator ceases to comply with any of	99837
the rules governing the certification of children's crisis care	99838
facilities adopted under that division.	99839

(F) Not later than ninety days after September 21, 2006, the	99840
director of job and family services shall adopt rules pursuant to	99841
Chapter 119. of the Revised Code for the certification of	99842
children's crisis care facilities. The rules shall specify that a	99843
certificate shall not be issued to an applicant if the conditions	99844
at the children's crisis care facility would jeopardize the health	99845
or safety of the preteens placed in the facility.	99846

Sec. 5103.42. Prior to the beginning of the fiscal biennium	99847
that first follows October 5, 2000, the public children services	99848
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	99849
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	99850
maintain a regional training center. Prior to the beginning of the	99851
fiscal biennium that first follows the effective date of this	99852
amendment, the public children services agency of Butler county	99853
shall establish and maintain a regional training center. At any	99854
time after the beginning of ~~that~~the specified biennium, the	99855
department of job and family services, on the recommendation of	99856
the Ohio child welfare training program steering committee, may	99857
direct a public children services agency to establish and maintain	99858
a training center to replace the center established by an agency	99859
under this section. There may be no more and no less than eight	99860
centers in existence at any time. The department may make a grant	99861
to a public children services agency that establishes and	99862
maintains a regional training center under this section for the	99863
purpose of wholly or partially subsidizing the operation of the	99864
center. The department shall specify in the grant all of the	99865
center's duties, including the duties specified in section	99866
5103.422 of the Revised Code.	99867

The regional training center established by the public	99868
children services agency of Butler county under this section	99869
replaces the regional training center previously established by	99870
the public children services agency of Hamilton county under this	99871
section.	99872

Sec. 5104.012. (A)(1) At the times specified in this	99873
division, the administrator of a child day-care center or a type A	99874
family day-care home shall request the superintendent of the	99875
bureau of criminal identification and investigation to conduct a	99876
criminal records check with respect to any applicant who has	99877
applied to the center or type A home for employment as a person	99878
responsible for the care, custody, or control of a child.	99879

The administrator shall request a criminal records check	99880
pursuant to this division at the time of the applicant's initial	99881
application for employment and every ~~four~~five years thereafter.	99882
When the administrator requests pursuant to this division a	99883
criminal records check for an applicant at the time of the	99884
applicant's initial application for employment, the administrator	99885
shall request that the superintendent obtain information from the	99886
federal bureau of investigation as a part of the criminal records	99887
check for the applicant, including fingerprint-based checks of	99888
national crime information databases as described in 42 U.S.C.	99889
671, for the person subject to the criminal records check. In all	99890
other cases in which the administrator requests a criminal records	99891
check for an applicant pursuant to this division, the	99892
administrator may request that the superintendent include	99893
information from the federal bureau of investigation in the	99894
criminal records check, including fingerprint-based checks of	99895
national crime information databases as described in 42 U.S.C.	99896
671.	99897

(2) A person required by division (A)(1) of this section to	99898
request a criminal records check shall provide to each applicant a	99899
copy of the form prescribed pursuant to division (C)(1) of section	99900
109.572 of the Revised Code, provide to each applicant a standard	99901
impression sheet to obtain fingerprint impressions prescribed	99902
pursuant to division (C)(2) of section 109.572 of the Revised	99903
Code, obtain the completed form and impression sheet from each	99904
applicant, and forward the completed form and impression sheet to	99905
the superintendent of the bureau of criminal identification and	99906
investigation at the time the person requests a criminal records	99907
check pursuant to division (A)(1) of this section. On and after	99908
August 14, 2008, the administrator of a child day-care center or a	99909
type A family day-care home shall review the results of the	99910
criminal records check before the applicant has sole	99911
responsibility for the care, custody, or control of any child.	99912

(3) An applicant who receives pursuant to division (A)(2) of	99913
this section a copy of the form prescribed pursuant to division	99914
(C)(1) of section 109.572 of the Revised Code and a copy of an	99915
impression sheet prescribed pursuant to division (C)(2) of that	99916
section and who is requested to complete the form and provide a	99917
set of fingerprint impressions shall complete the form or provide	99918
all the information necessary to complete the form and shall	99919
provide the impression sheet with the impressions of the	99920
applicant's fingerprints. If an applicant, upon request, fails to	99921
provide the information necessary to complete the form or fails to	99922
provide impressions of the applicant's fingerprints, the center or	99923
type A home shall not employ that applicant for any position for	99924
which a criminal records check is required by division (A)(1) of	99925
this section.	99926

(B)(1) Except as provided in rules adopted under division (E)	99927
of this section, no child day-care center or type A family	99928
day-care home shall employ or contract with another entity for the	99929
services of a person as a person responsible for the care,	99930
custody, or control of a child if the person previously has been	99931
convicted of or pleaded guilty to any of the violations described	99932
in division (A)(5) of section 109.572 of the Revised Code.	99933

(2) A child day-care center or type A family day-care home	99934
may employ an applicant conditionally until the criminal records	99935
check required by this section is completed and the center or home	99936
receives the results of the criminal records check. If the results	99937
of the criminal records check indicate that, pursuant to division	99938
(B)(1) of this section, the applicant does not qualify for	99939
employment, the center or home shall release the applicant from	99940
employment.	99941

(C)(1) Each child day-care center and type A family day-care	99942
home shall pay to the bureau of criminal identification and	99943
investigation the fee prescribed pursuant to division (C)(3) of	99944
section 109.572 of the Revised Code for each criminal records	99945
check conducted in accordance with that section upon the request	99946
pursuant to division (A)(1) of this section of the administrator	99947
or provider of the center or home.	99948

(2) A child day-care center and type A family day-care home	99949
may charge an applicant a fee for the costs it incurs in obtaining	99950
a criminal records check under this section. A fee charged under	99951
this division shall not exceed the amount of fees the center or	99952
home pays under division (C)(1) of this section. If a fee is	99953
charged under this division, the center or home shall notify the	99954
applicant at the time of the applicant's initial application for	99955
employment of the amount of the fee and that, unless the fee is	99956
paid, the center or type A home will not consider the applicant	99957
for employment.	99958

(D) The report of any criminal records check conducted by the	99959
bureau of criminal identification and investigation in accordance	99960
with section 109.572 of the Revised Code and pursuant to a request	99961
under division (A)(1) of this section is not a public record for	99962
the purposes of section 149.43 of the Revised Code and shall not	99963
be made available to any person other than the applicant who is	99964
the subject of the criminal records check or the applicant's	99965
representative; the center or type A home requesting the criminal	99966
records check or its representative; the department of job and	99967
family services or a county department of job and family services;	99968
and any court, hearing officer, or other necessary individual	99969
involved in a case dealing with the denial of employment to the	99970
applicant.	99971

(E) The director of job and family services shall adopt rules	99972
pursuant to Chapter 119. of the Revised Code to implement this	99973
section, including rules specifying circumstances under which a	99974
center or home may hire a person who has been convicted of an	99975
offense listed in division (B)(1) of this section but who meets	99976
standards in regard to rehabilitation set by the department.	99977

(F) Any person required by division (A)(1) of this section to	99978
request a criminal records check shall inform each person, at the	99979
time of the person's initial application for employment, that the	99980
person is required to provide a set of impressions of the person's	99981
fingerprints and that a criminal records check is required to be	99982
conducted and satisfactorily completed in accordance with section	99983
109.572 of the Revised Code if the person comes under final	99984
consideration for appointment or employment as a precondition to	99985
employment for that position.	99986

(G) As used in this section:

99987

(1) "Applicant" means a person who is under final	99988
consideration for appointment to or employment in a position with	99989
a child day-care center or a type A family day-care home as a	99990
person responsible for the care, custody, or control of a child;	99991
an in-home aide certified pursuant to section 5104.12 of the	99992
Revised Code; or any person who would serve in any position with a	99993
child day-care center or a type A family day-care home as a person	99994
responsible for the care, custody, or control of a child pursuant	99995
to a contract with another entity.	99996

(2) "Criminal records check" has the same meaning as in	99997
section 109.572 of the Revised Code.	99998

Sec. 5104.013. (A)(1) At the times specified in division	99999
(A)(3) of this section, the director of job and family services,	100000
as part of the process of licensure of child day-care centers and	100001
type A family day-care homes, shall request the superintendent of	100002
the bureau of criminal identification and investigation to conduct	100003
a criminal records check with respect to the following persons:	100004

(a) Any owner, licensee, or administrator of a child day-care	100005
center;	100006

(b) Any owner, licensee, or administrator of a type A family	100007
day-care home and any person eighteen years of age or older who	100008
resides in a type A family day-care home.	100009

(2) At the times specified in division (A)(3) of this	100010
section, the director of a county department of job and family	100011
services, as part of the process of certification of type B family	100012
day-care homes, shall request the superintendent of the bureau of	100013
criminal identification and investigation to conduct a criminal	100014
records check with respect to any authorized provider of a	100015
certified type B family day-care home and any person eighteen	100016
years of age or older who resides in a certified type B family	100017
day-care home.	100018

(3) The director of job and family services shall request a	100019
criminal records check pursuant to division (A)(1) of this section	100020
at the time of the initial application for licensure and every	100021
~~four~~five years thereafter. The director of a county department of	100022
job and family services shall request a criminal records check	100023
pursuant to division (A)(2) of this section at the time of the	100024
initial application for certification and every ~~four~~five years	100025
thereafter at the time of a certification renewal. When the	100026
director of job and family services or the director of a county	100027
department of job and family services requests pursuant to	100028
division (A)(1) or (2) of this section a criminal records check	100029
for a person at the time of the person's initial application for	100030
licensure or certification, the director shall request that the	100031
superintendent of the bureau of criminal identification and	100032
investigation obtain information from the federal bureau of	100033
investigation as a part of the criminal records check for the	100034
person, including fingerprint-based checks of national crime	100035
information databases as described in 42 U.S.C. 671 for the person	100036
subject to the criminal records check. In all other cases in which	100037
the director of job and family services or the director of a	100038
county department of job and family services requests a criminal	100039
records check for an applicant pursuant to division (A)(1) or (2)	100040
of this section, the director may request that the superintendent	100041
include information from the federal bureau of investigation in	100042
the criminal records check, including fingerprint-based checks of	100043
national crime information databases as described in 42 U.S.C.	100044
671.	100045

(4) The director of job and family services shall review the	100046
results of a criminal records check subsequent to a request made	100047
pursuant to divisions (A)(1) and (3) of this section prior to	100048
approval of a license. The director of a county department of job	100049
and family services shall review the results of a criminal records	100050
check subsequent to a request made pursuant to divisions (A)(2)	100051
and (3) of this section prior to approval of certification.	100052

(B) The director of job and family services or the director	100053
of a county department of job and family services shall provide to	100054
each person for whom a criminal records check is required under	100055
this section a copy of the form prescribed pursuant to division	100056
(C)(1) of section 109.572 of the Revised Code and a standard	100057
impression sheet to obtain fingerprint impressions prescribed	100058
pursuant to division (C)(2) of that section, obtain the completed	100059
form and impression sheet from that person, and forward the	100060
completed form and impression sheet to the superintendent of the	100061
bureau of criminal identification and investigation.	100062

(C) A person who receives pursuant to division (B) of this	100063
section a copy of the form and standard impression sheet described	100064
in that division and who is requested to complete the form and	100065
provide a set of fingerprint impressions shall complete the form	100066
or provide all the information necessary to complete the form and	100067
shall provide the impression sheet with the impressions of the	100068
person's fingerprints. If the person, upon request, fails to	100069
provide the information necessary to complete the form or fails to	100070
provide impressions of the person's fingerprints, the director may	100071
consider the failure as a reason to deny licensure or	100072
certification.	100073

(D) Except as provided in rules adopted under division (G) of	100074
this section, the director of job and family services shall not	100075
grant a license to a child day-care center or type A family	100076
day-care home and a county director of job and family services	100077
shall not certify a type B family day-care home if a person for	100078
whom a criminal records check was required in connection with the	100079
center or home previously has been convicted of or pleaded guilty	100080
to any of the violations described in division (A)(5) of section	100081
109.572 of the Revised Code.	100082

(E) Each child day-care center, type A family day-care home,	100083
and type B family day-care home shall pay to the bureau of	100084
criminal identification and investigation the fee prescribed	100085
pursuant to division (C)(3) of section 109.572 of the Revised Code	100086
for each criminal records check conducted in accordance with that	100087
section upon a request made pursuant to division (A) of this	100088
section.	100089

(F) The report of any criminal records check conducted by the	100090
bureau of criminal identification and investigation in accordance	100091
with section 109.572 of the Revised Code and pursuant to a request	100092
made under division (A) of this section is not a public record for	100093
the purposes of section 149.43 of the Revised Code and shall not	100094
be made available to any person other than the person who is the	100095
subject of the criminal records check or the person's	100096
representative, the director of job and family services, the	100097
director of a county department of job and family services, the	100098
center, type A home, or type B home involved, and any court,	100099
hearing officer, or other necessary individual involved in a case	100100
dealing with a denial of licensure or certification related to the	100101
criminal records check.	100102

(G) The director of job and family services shall adopt rules	100103
pursuant to Chapter 119. of the Revised Code to implement this	100104
section, including rules specifying exceptions to the prohibition	100105
in division (D) of this section for persons who have been	100106
convicted of an offense listed in that division but who meet	100107
standards in regard to rehabilitation set by the director.	100108

(H) As used in this section, "criminal records check" has the	100109
same meaning as in section 109.572 of the Revised Code.	100110

Sec. 5104.02. (A) The director of job and family services is	100111
responsible for the licensing of child day-care centers and type A	100112
family day-care homes. Each entity operating a head start program	100113
shall meet the criteria for, and be licensed as, a child day-care	100114
center. The director is responsible for the enforcement of this	100115
chapter and of rules promulgated pursuant to this chapter.	100116

No person, firm, organization, institution, or agency shall	100117
operate, establish, manage, conduct, or maintain a child day-care	100118
center or type A family day-care home without a license issued	100119
under section 5104.03 of the Revised Code. The current license	100120
shall be posted in a conspicuous place in the center or type A	100121
home that is accessible to parents, custodians, or guardians and	100122
employees of the center or type A home at all times when the	100123
center or type A home is in operation.	100124

(B) A person, firm, institution, organization, or agency	100125
operating any of the following programs is exempt from the	100126
requirements of this chapter:	100127

(1) A program of child care that operates for two or less	100128
consecutive weeks;	100129

(2) Child care in places of worship during religious	100130
activities during which children are cared for while at least one	100131
parent, guardian, or custodian of each child is participating in	100132
such activities and is readily available;	100133

(3) Religious activities which do not provide child care;

100134

(4) Supervised training, instruction, or activities of	100135
children in specific areas, including, but not limited to: art;	100136
drama; dance; music; gymnastics, swimming, or another athletic	100137
skill or sport; computers; or an educational subject conducted on	100138
an organized or periodic basis no more than one day a week and for	100139
no more than six hours duration;	100140

(5) Programs in which the director determines that at least	100141
one parent, custodian, or guardian of each child is on the	100142
premises of the facility offering child care and is readily	100143
accessible at all times, except that child care provided on the	100144
premises at which a parent, custodian, or guardian is employed	100145
more than two and one-half hours a day shall be licensed in	100146
accordance with division (A) of this section;	100147

(6)(a) Programs that provide child care funded and regulated	100148
or operated and regulated by state departments other than the	100149
department of job and family services or the state board of	100150
education when the director of job and family services has	100151
determined that the rules governing the program are equivalent to	100152
or exceed the rules promulgated pursuant to this chapter.	100153

Notwithstanding any exemption from regulation under this	100154
chapter, each state department shall submit to the director of job	100155
and family services a copy of the rules that govern programs that	100156
provide child care and are regulated or operated and regulated by	100157
the department. Annually, each state department shall submit to	100158
the director a report for each such program it regulates or	100159
operates and regulates that includes the following information:	100160

(i) The site location of the program;

100161

(ii) The maximum number of infants, toddlers, preschool-age	100162
children, or school-age children served by the program at one	100163
time;	100164

(iii) The number of adults providing child care for the	100165
number of infants, toddlers, preschool-age children, or school-age	100166
children;	100167

(iv) Any changes in the rules made subsequent to the time	100168
when the rules were initially submitted to the director.	100169

The director shall maintain a record of the child care	100170
information submitted by other state departments and shall provide	100171
this information upon request to the general assembly or the	100172
public.	100173

(b) Child care programs conducted by boards of education or	100174
by chartered nonpublic schools that are conducted in school	100175
buildings and that provide child care to school-age children only	100176
shall be exempt from meeting or exceeding rules promulgated	100177
pursuant to this chapter.	100178

(7) Any preschool program or school child program, except a	100179
head start program, that is subject to licensure by the department	100180
of education under sections 3301.52 to 3301.59 of the Revised	100181
Code.	100182

(8) Any program providing child care that meets all of the	100183
following requirements and, on October 20, 1987, was being	100184
operated by a nonpublic school that holds a charter issued by the	100185
state board of education for kindergarten only:	100186

(a) The nonpublic school has given the notice to the state	100187
board and the director of job and family services required by	100188
Section 4 of Substitute House Bill No. 253 of the 117th general	100189
assembly;	100190

(b) The nonpublic school continues to be chartered by the	100191
state board for kindergarten, or receives and continues to hold a	100192
charter from the state board for kindergarten through grade five;	100193

100194

(d) The program is operated in accordance with rules	100195
promulgated by the state board under sections 3301.52 to 3301.57	100196
of the Revised Code.	100197

(9) A youth development program operated outside of school	100198
hours by a community-based center to which all of the following	100199
apply:	100200

(a) The children enrolled in the program are under nineteen	100201
years of age and enrolled in or eligible to be enrolled in a grade	100202
of kindergarten or above.	100203

(b) The program provides informal child care ~~and at least~~	100204
~~two~~, which is child care that does not require parental signature,	100205
permission, or notice for the child receiving the care to enter or	100206
leave the program;	100207

(c) The program provides any of the following supervised	100208
activities: educational, recreational, culturally enriching,	100209
social, and personal development activities.	100210

~~(c)~~(d) The program is eligible for participation in the child	100211
and adult care food program as an outside-school-hours care center	100212
pursuant to standards established under section 3313.813 of the	100213
Revised Code.	100214

~~(d)~~(e) The community-based center operating the program is	100215
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	100216
and (c)(3).	100217

(10) A preschool program operated by a nonchartered,	100218
nontax-supported school if the preschool program meets all of the	100219
following conditions:	100220

(a) The program complies with state and local health, fire,	100221
and safety laws.	100222

(b) The program annually certifies in a report to the parents	100223
of its pupils that the school is in compliance with division	100224
(B)(10)(a) of this section and files a copy of the report with the	100225
department of job and family services on or before the thirtieth	100226
day of September of each year.	100227

(c) The program complies with all applicable reporting	100228
requirements in the same manner as required by the state board of	100229
education for nonchartered, nonpublic primary and secondary	100230
schools.	100231

(d) The program is associated with a nonchartered,	100232
nontax-supported primary or secondary school.	100233

Sec. 5104.021. The director of job and family services may	100234
~~not~~ issue a child day-care center or type A family day-care home	100235
license to a youth development program that is exempted by	100236
division (B)(9) of section 5104.02 of the Revised Code from the	100237
requirements of this chapter if the youth development program	100238
applies for and meets all of the requirements for the license.	100239

Sec. 5104.03. (A) Any person, firm, organization,	100240
institution, or agency desiring to establish a child day-care	100241
center or type A family day-care home shall apply for a license to	100242
the director of job and family services on such form as the	100243
director prescribes. The director shall provide at no charge to	100244
each applicant for licensure a copy of the child care license	100245
requirements in this chapter and a copy of the rules adopted	100246
pursuant to this chapter. The copies may be provided in paper or	100247
electronic form.	100248

Fees shall be set by the director pursuant to section	100249
5104.011 of the Revised Code and shall be paid at the time of	100250
application for a license to operate a center or type A home. Fees	100251
collected under this section shall be paid into the state treasury	100252
to the credit of the general revenue fund.	100253

(B) Upon filing of the application for a license, the	100254
director shall investigate and inspect the center or type A home	100255
to determine the license capacity for each age category of	100256
children of the center or type A home and to determine whether the	100257
center or type A home complies with this chapter and rules adopted	100258
pursuant to this chapter. When, after investigation and	100259
inspection, the director is satisfied that this chapter and rules	100260
adopted pursuant to it are complied with, subject to division (G)	100261
of this section, a provisional license shall be issued as soon as	100262
practicable in such form and manner as prescribed by the director.	100263
The provisional license shall be valid for twelve months from the	100264
date of issuance unless revoked.	100265

(C) The director shall investigate and inspect the center or	100266
type A home at least once during operation under the provisional	100267
license. If after the investigation and inspection the director	100268
determines that the requirements of this chapter and rules adopted	100269
pursuant to this chapter are met, subject to division (G) of this	100270
section, the director shall issue a license to the center or home.	100271

(D) The license or provisional license shall state the name	100272
of the licensee, the name of the administrator, the address of the	100273
center or type A home, and the license capacity for each age	100274
category of children. The license or provisional license shall	100275
include thereon, in accordance with section 5104.011 of the	100276
Revised Code, the toll-free telephone number to be used by persons	100277
suspecting that the center or type A home has violated a provision	100278
of this chapter or rules adopted pursuant to this chapter. A	100279
license or provisional license is valid only for the licensee,	100280
administrator, address, and license capacity for each age category	100281
of children designated on the license. The license capacity	100282
specified on the license or provisional license is the maximum	100283
number of children in each age category that may be cared for in	100284
the center or type A home at one time.	100285

The center or type A home licensee shall notify the director	100286
when the administrator of the center or home changes. The director	100287
shall amend the current license or provisional license to reflect	100288
a change in an administrator, if the administrator meets the	100289
requirements of Chapter 5104. of the Revised Code and rules	100290
adopted pursuant to Chapter 5104. of the Revised Code, or a change	100291
in license capacity for any age category of children as determined	100292
by the director of job and family services.	100293

(E) If the director revokes the license of a center or a type	100294
A home, the director shall not issue another license to the owner	100295
of the center or type A home until five years have elapsed from	100296
the date the license is revoked.	100297

If the director denies an application for a license, the	100298
director shall not accept another application from the applicant	100299
until five years have elapsed from the date the application is	100300
denied.	100301

(F) If during the application for licensure process the	100302
director determines that the license of the owner has been	100303
revoked, the investigation of the center or type A home shall	100304
cease. This action does not constitute denial of the application	100305
and may not be appealed under division (G) of this section.	100306

(G) All actions of the director with respect to licensing	100307
centers or type A homes, refusal to license, and revocation of a	100308
license shall be in accordance with Chapter 119. of the Revised	100309
Code. Any applicant who is denied a license or any owner whose	100310
license is revoked may appeal in accordance with section 119.12 of	100311
the Revised Code.	100312

(H) In no case shall the director issue a license or	100313
provisional license under this section for a type A home or center	100314
if the director, based on documentation provided by the	100315
appropriate county department of job and family services,	100316
determines that the applicant previously had been certified as a	100317
type B family day-care home, that the county department revoked	100318
that certification within the immediately preceding five years,	100319
that the revocation was based on the applicant's refusal or	100320
inability to comply with the criteria for certification, and that	100321
the refusal or inability resulted in a risk to the health or	100322
safety of children.	100323

Sec. 5104.08. (A) There is hereby created in the department	100324
of job and family services a child care advisory council to advise	100325
and assist the department in the administration of this chapter	100326
and in the development of child care. The council shall consist of	100327
twenty-two voting members appointed by the director of job and	100328
family services with the approval of the governor. The director of	100329
job and family services, the director of developmental	100330
disabilities, the director of ~~mental health~~mental health and	100331
addiction services, the superintendent of public instruction, the	100332
director of health, the director of commerce, and the state fire	100333
marshal shall serve as nonvoting members of the council.	100334

Six members shall be representatives of child care centers	100335
subject to licensing, the members to represent a variety of	100336
centers, including nonprofit and proprietary, from different	100337
geographical areas of the state. At least three members shall be	100338
parents, guardians, or custodians of children receiving child care	100339
or publicly funded child care in the child's own home, a center, a	100340
type A home, a head start program, a certified type B home, or a	100341
type B home at the time of appointment. Three members shall be	100342
representatives of in-home aides, type A homes, certified type B	100343
homes, or type B homes or head start programs. At least six	100344
members shall represent county departments of job and family	100345
services. The remaining members shall be representatives of the	100346
teaching, child development, and health professions, and other	100347
individuals interested in the welfare of children. At least six	100348
members of the council shall not be employees or licensees of a	100349
child day-care center, head start program, or type A home, or	100350
providers operating a certified type B home or type B home, or	100351
in-home aides.	100352

Appointments shall be for three-year terms. Vacancies shall	100353
be filled for the unexpired terms. A member of the council is	100354
subject to removal by the director of job and family services for	100355
a willful and flagrant exercise of authority or power that is not	100356
authorized by law, for a refusal or willful neglect to perform any	100357
official duty as a member of the council imposed by law, or for	100358
being guilty of misfeasance, malfeasance, nonfeasance, or gross	100359
neglect of duty as a member of the council.	100360

There shall be two co-chairpersons of the council. One	100361
co-chairperson shall be the director of job and family services or	100362
the director's designee, and one co-chairperson shall be elected	100363
by the members of the council. The council shall meet as often as	100364
is necessary to perform its duties, provided that it shall meet at	100365
least once in each quarter of each calendar year and at the call	100366
of the co-chairpersons. The co-chairpersons or their designee	100367
shall send to each member a written notice of the date, time, and	100368
place of each meeting.	100369

Members of the council shall serve without compensation, but	100370
shall be reimbursed for necessary expenses.	100371

(B) The child care advisory council shall advise the director	100372
on matters affecting the licensing of centers and type A homes and	100373
the certification of type B homes and in-home aides. The council	100374
shall make an annual report to the director of job and family	100375
services that addresses the availability, affordability,	100376
accessibility, and quality of child care and that summarizes the	100377
recommendations and plans of action that the council has proposed	100378
to the director during the preceding fiscal year. The director of	100379
job and family services shall provide copies of the report to the	100380
governor, speaker and minority leader of the house of	100381
representatives, and the president and minority leader of the	100382
senate and, on request, shall make copies available to the public.	100383

(C) The director of job and family services shall adopt rules	100384
pursuant to Chapter 119. of the Revised Code to implement this	100385
section.	100386

Sec. 5104.11. (A)(1) Every person desiring to receive	100387
certification for a type B family day-care home to provide	100388
publicly funded child care shall apply for certification to the	100389
county director of job and family services on such forms as the	100390
director of job and family services prescribes. The county	100391
director shall provide at no charge to each applicant a copy of	100392
rules for certifying type B family day-care homes adopted pursuant	100393
to this chapter.	100394

(2) Except as provided in division (G)(1) of section 5104.011	100395
of the Revised Code, after receipt of an application for	100396
certification from a type B family day-care home, the county	100397
director of job and family services shall inspect the home. If it	100398
complies with this chapter and any applicable rules adopted under	100399
this chapter, the county department shall certify the type B	100400
family day-care home to provide publicly funded child care	100401
pursuant to this chapter and any rules adopted under it. The	100402
director of job and family services or a county director of job	100403
and family services may contract with a government entity or a	100404
private nonprofit entity for that entity to inspect and certify	100405
type B family day-care homes pursuant to this section. The county	100406
department of job and family services, government entity, or	100407
nonprofit entity shall conduct the inspection prior to the	100408
issuance of a certificate for the type B home and, as part of that	100409
inspection, ensure that the type B home is safe and sanitary.	100410

(3)(a) On receipt of an application for certification for a	100411
type B family day-care home to provide publicly funded child care	100412
or for renewal of such certification, the county department shall	100413
request from ~~both of the following~~the public children services	100414
agency information concerning any abuse or neglect report made	100415
pursuant to section 2151.421 of the Revised Code of which the	100416
applicant, any other adult residing in the applicant's home, or a	100417
person designated by the applicant to be an emergency or	100418
substitute caregiver for the applicant is the subject:	100419

~~(i) The public children services agency, until the county~~	100420
~~department is notified by the department of job and family~~	100421
~~services that the uniform statewide automated child welfare~~	100422
~~information system has been finalized statewide;~~	100423

~~(ii) Upon receipt of notification under division (D) of~~	100424
~~section 5101.13 of the Revised Code that the uniform statewide~~	100425
~~automated child welfare information system has been implemented~~	100426
~~statewide, the uniform statewide automated child welfare~~	100427
~~information system via the department~~.	100428

(b) The county department shall consider any information	100429
provided by the agency ~~or the department~~ pursuant to section	100430
5153.175 of the Revised Code. If the county department determines	100431
that the information, when viewed within the totality of the	100432
circumstances, reasonably leads to the conclusion that the	100433
applicant may directly or indirectly endanger the health, safety,	100434
or welfare of children, the county department shall deny the	100435
application for certification or renewal of certification, or	100436
revoke the certification of an authorized provider.	100437

(c) As used in division (A)(3) of this section, "public	100438
children services agency" means either an entity separate from the	100439
county department or the part of the county department that serves	100440
as the county's public children services agency, as appropriate.	100441

(4) Except as provided in division (A)(5) of this section, an	100442
authorized provider of a type B family day-care home that receives	100443
a certificate pursuant to this section to provide publicly funded	100444
child care is an independent contractor and is not an employee of	100445
the county department of job and family services that issues the	100446
certificate.	100447

(5) For purposes of Chapter 4141. of the Revised Code,	100448
determinations concerning the employment of an authorized provider	100449
of a type B family day-care home that receives a certificate	100450
pursuant to this section shall be determined under Chapter 4141.	100451
of the Revised Code.	100452

(B)(1) If the county director of job and family services	100453
determines that the type B family day-care home complies with this	100454
chapter and any rules adopted under it, the county director shall	100455
issue to the provider a certificate to provide publicly funded	100456
child care~~, which~~. The certificate is valid for twelve months,	100457
unless revoked earlier. ~~The county director may revoke the~~	100458
~~certificate after determining that revocation is necessary.~~ The	100459
authorized provider shall post the certificate in a conspicuous	100460
place in the certified type B home that is accessible to parents,	100461
custodians, or guardians at all times. The certificate shall state	100462
the name and address of the authorized provider, the maximum	100463
number of children who may be cared for at any one time in the	100464
certified type B home, the expiration date of the certification,	100465
and the name and telephone number of the county director who	100466
issued the certificate.	100467

(2) The county director may revoke a certificate to provide	100468
publicly funded child care in either of the following	100469
circumstances:	100470

(a) The county director determines, pursuant to rules adopted	100471
under Chapter 119. of the Revised Code, that revocation is	100472
necessary;	100473

(b) The authorized provider does not comply with division	100474
(D)(2) of section 5104.32 of the Revised Code.	100475

(C)(1) The county director shall inspect every certified type	100476
B family day-care home at least twice within each twelve-month	100477
period of the operation of the certified type B home. A minimum of	100478
one inspection shall be unannounced and all inspections may be	100479
unannounced. Upon receipt of a complaint, the county director	100480
shall investigate the certified type B home, and division (C)(2)	100481
of this section applies regarding the complaint. The authorized	100482
provider shall permit the county director to inspect any part of	100483
the certified type B home. The county director shall prepare a	100484
written inspection report and furnish one copy to the authorized	100485
provider within a reasonable time after the inspection.	100486

(2) Upon receipt of a complaint as described in division	100487
(C)(1) of this section, in addition to the investigation that is	100488
required under that division, both of the following apply:	100489

(a) If the complaint alleges that a child suffered physical	100490
harm while receiving child care at the certified type B family	100491
day-care home or that the noncompliance with law or act alleged in	100492
the complaint involved, resulted in, or poses a substantial risk	100493
of physical harm to a child receiving child care at the home, the	100494
county director shall inspect the home.	100495

(b) If division (C)(2)(a) of this section does not apply	100496
regarding the complaint, the county director may inspect the	100497
certified type B family day-care home.	100498

(3) Division (C)(2) of this section does not limit, restrict,	100499
or negate any duty of the county director to inspect a certified	100500
type B family day-care home that otherwise is imposed under this	100501
section, or any authority of the county director to inspect a home	100502
that otherwise is granted under this section when the county	100503
director believes the inspection is necessary and it is permitted	100504
under the grant.	100505

(D) The county director of job and family services, in	100506
accordance with rules adopted pursuant to section 5104.052 of the	100507
Revised Code regarding fire safety and fire prevention, shall	100508
inspect each type B home that applies to be certified that is	100509
providing or is to provide publicly funded child care.	100510

(E) All materials that are supplied by the department of job	100511
and family services to type A family day-care home providers, type	100512
B family day-care home providers, in-home aides, persons who	100513
desire to be type A family day-care home providers, type B family	100514
day-care home providers, or in-home aides, and caretaker parents	100515
shall be written at no higher than the sixth grade reading level.	100516
The department may employ a readability expert to verify its	100517
compliance with this division.	100518

Sec. 5104.12. (A) The county director of job and family	100519
services may certify in-home aides to provide publicly funded	100520
child care pursuant to this chapter and any rules adopted under	100521
it. Any in-home aide who receives a certificate pursuant to this	100522
section to provide publicly funded child care is an independent	100523
contractor and is not an employee of the county department of job	100524
and family services that issues the certificate.	100525

(B) Every person desiring to receive certification as an	100526
in-home aide shall apply for certification to the county director	100527
of job and family services on such forms as the director of job	100528
and family services prescribes. The county director shall provide	100529
at no charge to each applicant a copy of rules for certifying	100530
in-home aides adopted pursuant to this chapter.	100531

(C)(1) If the county director of job and family services	100532
determines that public funds are available and that the person	100533
complies with this chapter and any rules adopted under it, the	100534
county director shall certify the person as an in-home aide and	100535
issue the person a certificate to provide publicly funded child	100536
care for twelve months. ~~The county director may revoke the~~	100537
~~certificate after determining that revocation is necessary.~~ The	100538
county director shall furnish a copy of the certificate to the	100539
parent, custodian, or guardian. The certificate shall state the	100540
name and address of the in-home aide, the expiration date of the	100541
certification, and the name and telephone number of the county	100542
director who issued the certificate.	100543

(2) The county director may revoke the certificate in either	100544
of the following circumstances:	100545

(a) The county director determines, pursuant to rules adopted	100546
under Chapter 119. of the Revised Code, that revocation is	100547
necessary;	100548

(b) The in-home aide does not comply with division (D)(2) of	100549
section 5104.32 of the Revised Code.	100550

(D)(1) The county director of job and family services shall	100551
inspect every home of a child who is receiving publicly funded	100552
child care in the child's own home while the in-home aide is	100553
providing the services. Inspections may be unannounced. Upon	100554
receipt of a complaint, the county director shall investigate the	100555
in-home aide, shall investigate the home of a child who is	100556
receiving publicly funded child care in the child's own home, and	100557
division (D)(2) of this section applies regarding the complaint.	100558
The caretaker parent shall permit the county director to inspect	100559
any part of the child's home. The county director shall prepare a	100560
written inspection report and furnish one copy each to the in-home	100561
aide and the caretaker parent within a reasonable time after the	100562
inspection.	100563

(2) Upon receipt of a complaint as described in division	100564
(D)(1) of this section, in addition to the investigations that are	100565
required under that division, both of the following apply:	100566

(a) If the complaint alleges that a child suffered physical	100567
harm while receiving publicly funded child care in the child's own	100568
home from an in-home aide or that the noncompliance with law or	100569
act alleged in the complaint involved, resulted in, or poses a	100570
substantial risk of physical harm to a child receiving publicly	100571
funded child care in the child's own home from an in-home aide,	100572
the county director shall inspect the home of the child.	100573

(b) If division (D)(2)(a) of this section does not apply	100574
regarding the complaint, the county director may inspect the home	100575
of the child.	100576

(3) Division (D)(2) of this section does not limit, restrict,	100577
or negate any duty of the county director to inspect a home of a	100578
child who is receiving publicly funded child care from an in-home	100579
aide that otherwise is imposed under this section, or any	100580
authority of the county director to inspect such a home that	100581
otherwise is granted under this section when the county director	100582
believes the inspection is necessary and it is permitted under the	100583
grant.	100584

Sec. 5104.32. (A) Except as provided in division (C) of this	100585
section, all purchases of publicly funded child care shall be made	100586
under a contract entered into by a licensed child day-care center,	100587
licensed type A family day-care home, certified type B family	100588
day-care home, certified in-home aide, approved child day camp,	100589
licensed preschool program, licensed school child program, or	100590
border state child care provider and the department of job and	100591
family services. All contracts for publicly funded child care	100592
shall be contingent upon the availability of state and federal	100593
funds. The department shall prescribe a standard form to be used	100594
for all contracts for the purchase of publicly funded child care,	100595
regardless of the source of public funds used to purchase the	100596
child care. To the extent permitted by federal law and	100597
notwithstanding any other provision of the Revised Code that	100598
regulates state contracts or contracts involving the expenditure	100599
of state or federal funds, all contracts for publicly funded child	100600
care shall be entered into in accordance with the provisions of	100601
this chapter and are exempt from any other provision of the	100602
Revised Code that regulates state contracts or contracts involving	100603
the expenditure of state or federal funds.	100604

(B) Each contract for publicly funded child care shall	100605
specify at least the following:	100606

(1) That the provider of publicly funded child care agrees to	100607
be paid for rendering services at the lower of the rate	100608
customarily charged by the provider for children enrolled for	100609
child care or the reimbursement ceiling or rate of payment	100610
established pursuant to section 5104.30 of the Revised Code;	100611

(2) That, if a provider provides child care to an individual	100612
potentially eligible for publicly funded child care who is	100613
subsequently determined to be eligible, the department agrees to	100614
pay for all child care provided between the date the county	100615
department of job and family services receives the individual's	100616
completed application and the date the individual's eligibility is	100617
determined;	100618

(3) Whether the county department of job and family services,	100619
the provider, or a child care resource and referral service	100620
organization will make eligibility determinations, whether the	100621
provider or a child care resource and referral service	100622
organization will be required to collect information to be used by	100623
the county department to make eligibility determinations, and the	100624
time period within which the provider or child care resource and	100625
referral service organization is required to complete required	100626
eligibility determinations or to transmit to the county department	100627
any information collected for the purpose of making eligibility	100628
determinations;	100629

(4) That the provider, other than a border state child care	100630
provider, shall continue to be licensed, approved, or certified	100631
pursuant to this chapter and shall comply with all standards and	100632
other requirements in this chapter and in rules adopted pursuant	100633
to this chapter for maintaining the provider's license, approval,	100634
or certification;	100635

(5) That, in the case of a border state child care provider,	100636
the provider shall continue to be licensed, certified, or	100637
otherwise approved by the state in which the provider is located	100638
and shall comply with all standards and other requirements	100639
established by that state for maintaining the provider's license,	100640
certificate, or other approval;	100641

(6) Whether the provider will be paid by the state department	100642
of job and family services or in some other manner as prescribed	100643
by rules adopted under section 5104.42 of the Revised Code;	100644

(7) That the contract is subject to the availability of state	100645
and federal funds.	100646

(C) Unless specifically prohibited by federal law or by rules	100647
adopted under section 5104.42 of the Revised Code, the county	100648
department of job and family services shall give individuals	100649
eligible for publicly funded child care the option of obtaining	100650
certificates that the individual may use to purchase services from	100651
any provider qualified to provide publicly funded child care under	100652
section 5104.31 of the Revised Code. Providers of publicly funded	100653
child care may present these certificates for payment in	100654
accordance with rules that the director of job and family services	100655
shall adopt. Only providers may receive payment for certificates.	100656
The value of the certificate shall be based on the lower of the	100657
rate customarily charged by the provider or the rate of payment	100658
established pursuant to section 5104.30 of the Revised Code. The	100659
county department may provide the certificates to the individuals	100660
or may contract with child care providers or child care resource	100661
and referral service organizations that make determinations of	100662
eligibility for publicly funded child care pursuant to contracts	100663
entered into under section 5104.34 of the Revised Code for the	100664
providers or resource and referral service organizations to	100665
provide the certificates to individuals whom they determine are	100666
eligible for publicly funded child care.	100667

For each six-month period a provider of publicly funded child	100668
care provides publicly funded child care to the child of an	100669
individual given certificates, the individual shall provide the	100670
provider certificates for days the provider would have provided	100671
publicly funded child care to the child had the child been	100672
present. The maximum number of days providers shall be provided	100673
certificates shall not exceed ten days in a six-month period	100674
during which publicly funded child care is provided to the child	100675
regardless of the number of providers that provide publicly funded	100676
child care to the child during that period.	100677

(D)(1) The department shall establish the Ohio electronic	100678
child care system to track attendance and calculate payments for	100679
publicly funded child care. The system shall include issuing an	100680
electronic child care card to each caretaker parent to swipe	100681
through a point-of-service device issued to an eligible provider,	100682
as described in section 5104.31 of the Revised Code.	100683

(2) Each eligible provider that provides publicly funded	100684
child care shall participate in the Ohio electronic child care	100685
system. A provider participating in the system shall not do any of	100686
the following:	100687

(a) Use or have possession of an electronic child care card	100688
issued to a caretaker parent;	100689

(b) Falsify attendance records;

100690

(c) Knowingly seek payment for publicly funded child care	100691
that was not provided;	100692

(d) Knowingly accept reimbursement for publicly funded child	100693
care that was not provided.	100694

Sec. 5107.10. (A) As used in this section:

100695

(1) "Countable income," "gross earned income," and "gross	100696
unearned income" have the meanings established in rules adopted	100697
under section 5107.05 of the Revised Code.	100698

(2) "Federal poverty guidelines" has the same meaning as in	100699
section 5101.46 of the Revised Code, except that references to a	100700
person's family in the definition shall be deemed to be references	100701
to the person's assistance group.	100702

(3) "Gross income" means gross earned income and gross	100703
unearned income.	100704

(4) "Strike" means continuous concerted action in failing to	100705
report to duty; willful absence from one's position; or stoppage	100706
of work in whole from the full, faithful, and proper performance	100707
of the duties of employment, for the purpose of inducing,	100708
influencing, or coercing a change in wages, hours, terms, and	100709
other conditions of employment. "Strike" does not include a	100710
stoppage of work by employees in good faith because of dangerous	100711
or unhealthful working conditions at the place of employment that	100712
are abnormal to the place of employment.	100713

(B) Under the Ohio works first program, an assistance group	100714
shall receive, except as otherwise provided by this chapter,	100715
time-limited cash assistance. In the case of an assistance group	100716
that includes a minor head of household or adult, assistance shall	100717
be provided in accordance with the self-sufficiency contract	100718
entered into under section 5107.14 of the Revised Code.	100719

(C) To be eligible to participate in Ohio works first, an	100720
assistance group must meet all of the following requirements:	100721

(1) The assistance group, except as provided in division (E)	100722
of this section, must include at least one of the following:	100723

(a) A minor child who, except as provided in section 5107.24	100724
of the Revised Code, resides with a parent, or specified relative	100725
caring for the child, or, to the extent permitted by Title IV-A	100726
and federal regulations adopted until Title IV-A, resides with a	100727
guardian or custodian caring for the child;	100728

(b) A parent residing with and caring for the parent's minor	100729
child who receives supplemental security income under Title XVI of	100730
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	100731
as amended, or federal, state, or local adoption assistance;	100732

(c) A specified relative residing with and caring for a minor	100733
child who is related to the specified relative in a manner that	100734
makes the specified relative a specified relative and receives	100735
supplemental security income or federal, state, or local foster	100736
care or adoption assistance;	100737

(d) A woman at least six months pregnant.

100738

(2) The assistance group must meet the income requirements	100739
established by division (D) of this section.	100740

(3) No member of the assistance group may be involved in a	100741
strike.	100742

(4) The assistance group must satisfy the requirements for	100743
Ohio works first established by this chapter and ~~sections 5101.58,~~	100744
~~5101.59, and~~section 5101.83 of the Revised Code.	100745

(5) The assistance group must meet requirements for Ohio	100746
works first established by rules adopted under section 5107.05 of	100747
the Revised Code.	100748

(D)(1) Except as provided in division (D)(4) of this section,	100749
to determine whether an assistance group is initially eligible to	100750
participate in Ohio works first, a county department of job and	100751
family services shall do the following:	100752

(a) Determine whether the assistance group's gross income	100753
exceeds fifty per cent of the federal poverty guidelines. In	100754
making this determination, the county department shall disregard	100755
amounts that federal statutes or regulations and sections 5101.17	100756
and 5117.10 of the Revised Code require be disregarded. The	100757
assistance group is ineligible to participate in Ohio works first	100758
if the assistance group's gross income, less the amounts	100759
disregarded, exceeds fifty per cent of the federal poverty	100760
guidelines.	100761

(b) If the assistance group's gross income, less the amounts	100762
disregarded pursuant to division (D)(1)(a) of this section, does	100763
not exceed fifty per cent of the federal poverty guidelines,	100764
determine whether the assistance group's countable income is less	100765
than the payment standard. The assistance group is ineligible to	100766
participate in Ohio works first if the assistance group's	100767
countable income equals or exceeds the payment standard.	100768

(2) For the purpose of determining whether an assistance	100769
group meets the income requirement established by division	100770
(D)(1)(a) of this section, the annual revision that the United	100771
States department of health and human services makes to the	100772
federal poverty guidelines shall go into effect on the first day	100773
of July of the year for which the revision is made.	100774

(3) To determine whether an assistance group participating in	100775
Ohio works first continues to be eligible to participate, a county	100776
department of job and family services shall determine whether the	100777
assistance group's countable income continues to be less than the	100778
payment standard. In making this determination, the county	100779
department shall disregard the first two hundred fifty dollars and	100780
fifty per cent of the remainder of the assistance group's gross	100781
earned income. No amounts shall be disregarded from the assistance	100782
group's gross unearned income. The assistance group ceases to be	100783
eligible to participate in Ohio works first if its countable	100784
income, less the amounts disregarded, equals or exceeds the	100785
payment standard.	100786

(4) If an assistance group reapplies to participate in Ohio	100787
works first not more than four months after ceasing to	100788
participate, a county department of job and family services shall	100789
use the income requirement established by division (D)(3) of this	100790
section to determine eligibility for resumed participation rather	100791
than the income requirement established by division (D)(1) of this	100792
section.	100793

(E)(1) An assistance group may continue to participate in	100794
Ohio works first even though a public children services agency	100795
removes the assistance group's minor children from the assistance	100796
group's home due to abuse, neglect, or dependency if the agency	100797
does both of the following:	100798

(a) Notifies the county department of job and family services	100799
at the time the agency removes the children that it believes the	100800
children will be able to return to the assistance group within six	100801
months;	100802

(b) Informs the county department at the end of each of the	100803
first five months after the agency removes the children that the	100804
parent, guardian, custodian, or specified relative of the children	100805
is cooperating with the case plans prepared for the children under	100806
section 2151.412 of the Revised Code and that the agency is making	100807
reasonable efforts to return the children to the assistance group.	100808

(2) An assistance group may continue to participate in Ohio	100809
works first pursuant to division (E)(1) of this section for not	100810
more than six payment months. This division does not affect the	100811
eligibility of an assistance group that includes a woman at least	100812
six months pregnant.	100813

Sec. 5107.14. (A) An assistance group is ineligible to	100814
participate in Ohio works first unless the following enter into a	100815
written self-sufficiency contract with the county department of	100816
job and family services:	100817

(1) Each adult member of the assistance group;

100818

(2) The assistance group's minor head of household.

100819

(B) A self-sufficiency contract shall set forth the rights	100820
and responsibilities of the assistance group as applicants for and	100821
participants of Ohio works first. Each self-sufficiency contract	100822
shall include, based on appraisals conducted under section 5107.41	100823
of the Revised Code and assessments conducted under section	100824
5107.70 of the Revised Code, the following:	100825

(1) The assistance group's plan, developed under section	100826
5107.41 of the Revised Code, to achieve the goal of self	100827
sufficiency and personal responsibility through unsubsidized	100828
employment within the time limit for participating in Ohio works	100829
first established by section 5107.18 of the Revised Code;	100830

(2) Work activities, developmental activities, and	100831
alternative work activities to which members of the assistance	100832
group are assigned under sections 5107.40 to 5107.69 of the	100833
Revised Code;	100834

(3) The responsibility of a caretaker member of the	100835
assistance group to cooperate in establishing a minor child's	100836
paternity and establishing, modifying, and enforcing a support	100837
order for the child in accordance with section 5107.22 of the	100838
Revised Code;	100839

(4) Other responsibilities that members of the assistance	100840
group must satisfy to participate in Ohio works first and the	100841
consequences for failure or refusal to satisfy the	100842
responsibilities;	100843

(5) An agreement that, except as otherwise provided in a	100844
waiver issued under section 5107.714 of the Revised Code, the	100845
assistance group will comply with the conditions of participating	100846
in Ohio works first established by this chapter and ~~sections~~	100847
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	100848

(6) Assistance and services the county department will	100849
provide to the assistance group;	100850

(7) Assistance and services the child support enforcement	100851
agency and public children services agency will provide to the	100852
assistance group pursuant to a plan of cooperation entered into	100853
under section 307.983 of the Revised Code;	100854

(8) Other provisions designed to assist the assistance group	100855
in achieving self sufficiency and personal responsibility;	100856

(9) Procedures for assessing whether responsibilities are	100857
being satisfied and whether the contract should be amended;	100858

(10) Procedures for amending the contract.

100859

(C) No self-sufficiency contract shall include provisions	100860
regarding the LEAP program.	100861

(D) The county department shall provide without charge a copy	100862
of the self-sufficiency contract to each assistance group member	100863
who signs it.	100864

Sec. 5107.16. (A) If a member of an assistance group fails	100865
or refuses, without good cause, to comply in full with a provision	100866
of a self-sufficiency contract entered into under section 5107.14	100867
of the Revised Code, a county department of job and family	100868
services shall sanction the assistance group as follows:	100869

(1) For a first failure or refusal, the county department	100870
shall deny or terminate the assistance group's eligibility to	100871
participate in Ohio works first for one payment month or until the	100872
failure or refusal ceases, whichever is longer;	100873

(2) For a second failure or refusal, the county department	100874
shall deny or terminate the assistance group's eligibility to	100875
participate in Ohio works first for three payment months or until	100876
the failure or refusal ceases, whichever is longer;	100877

(3) For a third or subsequent failure or refusal, the county	100878
department shall deny or terminate the assistance group's	100879
eligibility to participate in Ohio works first for six payment	100880
months or until the failure or refusal ceases, whichever is	100881
longer.	100882

(B) The director of job and family services shall establish	100883
standards for the determination of good cause for failure or	100884
refusal to comply in full with a provision of a self-sufficiency	100885
contract in rules adopted under section 5107.05 of the Revised	100886
Code.	100887

(C) An assistance group member who fails or refuses, without	100888
good cause, to comply in full with a provision of a	100889
self-sufficiency contract must complete all compliance activities	100890
specified in rules adopted under section 5107.05 of the Revised	100891
Code in order for the failure or refusal to be considered to have	100892
ceased.	100893

(D) After sanctioning an assistance group under division (A)	100894
of this section, a county department of job and family services	100895
shall continue to work with the assistance group.	100896

(E) An adult eligible for medicaid ~~pursuant to division~~	100897
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	100898
under division (A)(3) of this section for a failure or refusal,	100899
without good cause, to comply in full with a provision of a	100900
self-sufficiency contract related to work responsibilities under	100901
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	100902
for medicaid unless the adult is otherwise eligible for medicaid	100903
pursuant to ~~another division of section 5111.01 of the Revised~~	100904
~~Code~~an eligibility category other than the category associated	100905
with Title IV-A.	100906

An assistance group that would be participating in Ohio works	100907
first if not for a sanction under this section shall continue to	100908
be eligible for all of the following:	100909

(1) Publicly funded child care in accordance with division	100910
(A)(3) of section 5104.30 of the Revised Code;	100911

(2) Support services in accordance with section 5107.66 of	100912
the Revised Code;	100913

(3) To the extent permitted by the "Fair Labor Standards Act	100914
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	100915
in work activities, developmental activities, and alternative work	100916
activities in accordance with sections 5107.40 to 5107.69 of the	100917
Revised Code.	100918

Sec. 5107.20. As used in this section, "support" means child	100919
support, spousal support, and support for a spouse or a former	100920
spouse.	100921

Participation in Ohio works first constitutes an assignment	100922
to the department of job and family services of any rights members	100923
of an assistance group have to support from any other person,	100924
~~excluding medical support assigned pursuant to section 5101.59 of~~	100925
~~the Revised Code~~. The rights to support assigned to the department	100926
pursuant to this section constitute an obligation of the person	100927
who is responsible for providing the support to the state for the	100928
amount of cash assistance provided to the assistance group.	100929

The office of child support in the department of job and	100930
family services shall collect and distribute support payments owed	100931
to Ohio works first participants, whether assigned to the	100932
department or unassigned, in accordance with 42 U.S.C. 654 B and	100933
657 and regulations adopted under those statutes, state statutes,	100934
and rules adopted under section 5107.05 of the Revised Code.	100935

Upon implementation of centralized collection and	100936
disbursement under Chapter 3121. of the Revised Code, in	100937
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	100938
under those statutes, the department shall deposit support	100939
payments it receives pursuant to this section into the state	100940
treasury to the credit of the child support collections fund or	100941
the child support administrative fund, both of which are hereby	100942
created. Money credited to the funds shall be used to make cash	100943
assistance payments under Ohio works first.	100944

Sec. 5107.24. (A) As used in this section:

100945

(1) "Adult-supervised living arrangement" means a family	100946
setting approved, licensed, or certified by the department of job	100947
and family services, the department of ~~mental health~~mental health	100948
and addiction services, the department of developmental	100949
disabilities, the department of youth services, a public children	100950
services agency, a private child placing agency, or a private	100951
noncustodial agency that is maintained by a person age eighteen or	100952
older who assumes responsibility for the care and control of a	100953
minor parent, pregnant minor, or child of a minor parent or	100954
provides the minor parent, pregnant minor, or child of a minor	100955
parent supportive services, including counseling, guidance, and	100956
supervision. "Adult-supervised living arrangement" does not mean a	100957
public institution.	100958

(2) "Child of a minor parent" means a child born to a minor	100959
parent, except that the child ceases to be considered a child of	100960
minor parent when the minor parent attains age eighteen.	100961

(3) "Minor parent" means a parent who is under age eighteen	100962
and is not married.	100963

(4) "Pregnant minor" means a pregnant person who is under age	100964
eighteen and not married.	100965

(B)(1) Except as provided in division (B)(2) of this section	100966
and to the extent permitted by Title IV-A and federal regulations	100967
adopted under Title IV-A, a pregnant minor, minor parent, or child	100968
of a minor parent must reside in a place of residence maintained	100969
by a parent, guardian, custodian, or specified relative of the	100970
pregnant minor or minor parent as the parent's, guardian's,	100971
custodian's, or specified relative's own home to be eligible to	100972
participate in Ohio works first.	100973

(2) To the extent permitted by Title IV-A and federal	100974
regulations adopted under it, a pregnant minor, minor parent, or	100975
child of a minor parent is exempt from the requirement of division	100976
(B)(1) of this section if any of the following apply:	100977

(a) The minor parent or pregnant minor does not have a	100978
parent, guardian, custodian, or specified relative living or whose	100979
whereabouts are known.	100980

(b) No parent, guardian, custodian, or specified relative of	100981
the minor parent or pregnant minor will allow the pregnant minor,	100982
minor parent, or minor parent's child to live in the parent's,	100983
guardian's, custodian's, or specified relative's home.	100984

(c) The department of job and family services, a county	100985
department of job and family services, or a public children	100986
services agency determines that the physical or emotional health	100987
or safety of the pregnant minor, minor parent, or minor parent's	100988
child would be in jeopardy if the pregnant minor, minor parent, or	100989
minor parent's child lived in the same home as the parent,	100990
guardian, custodian, or specified relative.	100991

(d) The department of job and family services, a county	100992
department of job and family services, or a public children	100993
services agency otherwise determines that it is in the best	100994
interest of the pregnant minor, minor parent, or minor parent's	100995
child to waive the requirement of division (B)(1) of this section.	100996

(C) A pregnant minor, minor parent, or child of a minor	100997
parent exempt from the requirement of division (B)(1) of this	100998
section must reside in an adult-supervised living arrangement to	100999
be eligible to participate in Ohio works first.	101000

(D) The department of job and family services, whenever	101001
possible and to the extent permitted by Title IV-A and federal	101002
regulations adopted under it, shall provide cash assistance under	101003
Ohio works first to the parent, guardian, custodian, or specified	101004
relative of a pregnant minor or minor parent on behalf of the	101005
pregnant minor, minor parent, or minor parent's child.	101006

Sec. 5107.26. (A) As used in this section:

101007

~~(1) "Transitional~~, "transitional child care" means publicly	101008
funded child care provided under division (A)(3) of section	101009
5104.34 of the Revised Code.	101010

~~(2) "Transitional medicaid" means the medical assistance~~	101011
~~provided under section 5111.0115 of the Revised Code.~~	101012

(B) Except as provided in division (C) of this section~~, each~~:

101013

(1) Each member of an assistance group participating in Ohio	101014
works first is ineligible to participate in the program for six	101015
payment months if a county department of job and family services	101016
determines that a member of the assistance group terminated the	101017
member's employment ~~and each~~.	101018

(2) Each person who, on the day prior to the day a recipient	101019
begins to receive transitional child care ~~or transitional~~	101020
~~medicaid~~, was a member of the recipient's assistance group is	101021
ineligible to participate in Ohio works first for six payment	101022
months if a county department determines that the recipient	101023
terminated the recipient's employment.	101024

(C) No assistance group member shall lose or be denied	101025
eligibility to participate in Ohio works first pursuant to	101026
division (B) of this section if the termination of employment was	101027
because an assistance group member or recipient of transitional	101028
child care ~~or transitional medicaid~~ secured comparable or better	101029
employment or the county department of job and family services	101030
certifies that the member or recipient terminated the employment	101031
with just cause.	101032

Just cause includes the following:

101033

(1) Discrimination by an employer based on age, race, sex,	101034
color, handicap, religious beliefs, or national origin;	101035

(2) Work demands or conditions that render continued	101036
employment unreasonable, such as working without being paid on	101037
schedule;	101038

(3) Employment that has become unsuitable due to any of the	101039
following:	101040

(a) The wage is less than the federal minimum wage;

101041

(b) The work is at a site subject to a strike or lockout,	101042
unless the strike has been enjoined under section 208 of the	101043
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	101044
178, as amended, an injunction has been issued under section 10 of	101045
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	101046
amended, or an injunction has been issued under section 4117.16 of	101047
the Revised Code;	101048

(c) The documented degree of risk to the member or	101049
recipient's health and safety is unreasonable;	101050

(d) The member or recipient is physically or mentally unfit	101051
to perform the employment, as documented by medical evidence or by	101052
reliable information from other sources.	101053

(4) Documented illness of the member or recipient or of	101054
another assistance group member of the member or recipient	101055
requiring the presence of the member or recipient;	101056

(5) A documented household emergency;

101057

(6) Lack of adequate child care for children of the member or	101058
recipient who are under six years of age.	101059

Sec. 5107.42. (A) Except as provided in divisions (B) and	101060
(C) of this section, county departments of job and family services	101061
shall assign each minor head of household and adult participating	101062
in Ohio works first, other than a minor head of household	101063
participating in the LEAP program, to one or more work activities	101064
and developmental activities.	101065

If a county department assigns a minor head of household or	101066
adult to the work activity established under division (H) of	101067
section 5107.60 of the Revised Code, the county department shall	101068
make reasonable efforts to assign the minor head of household or	101069
adult to at least one other work activity at the same time. If a	101070
county department assigns a minor head of household or adult to	101071
the work activity established under section 5107.58 of the Revised	101072
Code, the county department shall assign the minor head of	101073
household or adult to at least one other work activity at the same	101074
time.	101075

A county department may not assign a minor head of household	101076
or adult to a work activity established under division (D) of	101077
section 5107.60 of the Revised Code for more than twelve months.	101078

(B) If a county department determines that a minor head of	101079
household or adult has a temporary or permanent barrier to	101080
participation in a work activity, it may assign the minor head of	101081
household or adult to one or more alternative work activities	101082
instead of assigning the minor head of household or adult to one	101083
or more work activities or developmental activities. A county	101084
department may not assign more than twenty per cent of minor heads	101085
of household and adults participating in Ohio works first to an	101086
alternative work activity.	101087

County departments shall establish standards for determining	101088
whether a minor head of household or adult has a temporary or	101089
permanent barrier to participating in a work activity. The	101090
following are examples of circumstances that a county department	101091
may consider when it develops its standards:	101092

(1) A minor head of household or adult provides the county	101093
department documented evidence that one or more members of the	101094
assistance group have been the victim of domestic violence and are	101095
in imminent danger of suffering continued domestic violence;	101096

(2) A minor head of household or adult is actively	101097
participating in ~~an alcohol or drug~~a community addiction ~~program~~	101098
services provider certified by the department of ~~alcohol and drug~~	101099
~~addiction services~~mental health and addiction services under	101100
section ~~3793.06~~5119.36 of the Revised Code;	101101

(3) An assistance group is homeless.

101102

(C) A county department may exempt a minor head of household	101103
or adult who is unmarried and caring for a minor child under	101104
twelve months of age from the work requirements of sections	101105
5107.40 to 5107.69 of the Revised Code for not more than twelve	101106
months. While exempt, the minor head of household or adult shall	101107
be disregarded in determining whether the county department is	101108
meeting the requirement of section 5107.44 of the Revised Code.	101109
The county department shall assign the exempt minor head of	101110
household or adult to at least one developmental activity for a	101111
number of hours a week the county department determines. The	101112
county department may assign the exempt minor head of household or	101113
adult to one or more work activities, in addition to developmental	101114
activities, for a number of hours the county department	101115
determines. Division (B) of section 5107.43 of the Revised Code	101116
does not apply to the exempt minor head of household or adult.	101117

(D) A county department may reassign a minor head of	101118
household or adult when the county department determines	101119
reassignment will aid the assistance group in achieving self	101120
sufficiency and personal responsibility and shall make	101121
reassignments when circumstances requiring reassignment occur,	101122
including when a temporary barrier to participating in a work	101123
activity is eliminated.	101124

A county department shall include assignments in the	101125
self-sufficiency contract entered into under section 5107.14 of	101126
the Revised Code and shall amend the contract when a reassignment	101127
is made to include the reassignment in the contract.	101128

Sec. 5107.64. County departments of job and family services	101129
shall establish and administer alternative work activities for	101130
minor heads of households and adults participating in Ohio works	101131
first. In establishing alternative work activities, county	101132
departments are not limited by the restrictions Title IV-A imposes	101133
on work activities. The following are examples of alternative work	101134
activities that a county department may establish:	101135

(A) Parenting classes and life-skills training;

101136

(B) Participation in ~~an alcohol or drug~~a community addiction	101137
~~program~~services provider certified by the department of ~~alcohol~~	101138
~~and drug addiction services~~mental health and addiction services	101139
under section ~~3793.06~~5119.36 of the Revised Code;	101140

(C) In the case of a homeless assistance group, finding a	101141
home;	101142

(D) In the case of a minor head of household or adult with a	101143
disability, active work in an individual written rehabilitation	101144
plan with the ~~rehabilitation services commission~~opportunities for	101145
Ohioans with disabilities agency;	101146

(E) In the case of a minor head of household or adult who has	101147
been the victim of domestic violence, residing in a domestic	101148
violence shelter, receiving counseling or treatment related to the	101149
domestic violence, or participating in criminal justice activities	101150
against the domestic violence offender;	101151

(F) An education program under which a participant who does	101152
not speak English attends English as a second language course.	101153

Sec. 5115.20. (A) The department of job and family services	101154
shall establish a disability advocacy program and each county	101155
department of job and family services shall establish a disability	101156
advocacy program unit or join with other county departments of job	101157
and family services to establish a joint county disability	101158
advocacy program unit. Through the program the department and	101159
county departments shall cooperate in efforts to assist applicants	101160
for and recipients of assistance under the disability financial	101161
assistance program, who might be eligible for supplemental	101162
security income benefits under Title XVI of the "Social Security	101163
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	101164
applying for those benefits.	101165

As part of their disability advocacy programs, the state	101166
department and county departments may enter into contracts for the	101167
services of persons and government entities that in the judgment	101168
of the department or county department have demonstrated expertise	101169
in representing persons seeking supplemental security income	101170
benefits. Each contract shall require the person or entity with	101171
which a department contracts to assess each person referred to it	101172
by the department to determine whether the person appears to be	101173
eligible for supplemental security income benefits, and, if the	101174
person appears to be eligible, assist the person in applying and	101175
represent the person in any proceeding of the social security	101176
administration, including any appeal or reconsideration of a	101177
denial of benefits. The department or county department shall	101178
provide to the person or entity with which it contracts all	101179
records in its possession relevant to the application for	101180
supplemental security income benefits. The department shall	101181
require a county department with relevant records to submit them	101182
to the person or entity.	101183

(B) Each applicant for or recipient of disability financial	101184
assistance who, in the judgment of the department of job and	101185
family services or a county department of job and family services	101186
might be eligible for supplemental security benefits, shall, as a	101187
condition of eligibility for assistance, apply for such benefits	101188
if directed to do so by the department or county department.	101189

(C) With regard to applicants for and recipients of	101190
disability financial assistance, each county department of job and	101191
family services shall do all of the following:	101192

(1) Identify applicants and recipients who might be eligible	101193
for supplemental security income benefits;	101194

(2) Assist applicants and recipients in securing	101195
documentation of disabling conditions or refer them for such	101196
assistance to a person or government entity with which the	101197
department of job and family services or county department has	101198
contracted under division (A) of this section;	101199

(3) Inform applicants and recipients of available sources of	101200
representation, which may include a person or government entity	101201
with which the department or county department has contracted	101202
under division (A) of this section, and of their right to	101203
represent themselves in reconsiderations and appeals of social	101204
security administration decisions that deny them supplemental	101205
security income benefits. The county department may require the	101206
applicants and recipients, as a condition of eligibility for	101207
assistance, to pursue reconsiderations and appeals of social	101208
security administration decisions that deny them supplemental	101209
security income benefits, and shall assist applicants and	101210
recipients as necessary to obtain such benefits or refer them to a	101211
person or government entity with which the department or county	101212
department has contracted under division (A) of this section.	101213

(4) Require applicants and recipients who, in the judgment of	101214
the county department, are or may be aged, blind, or disabled, to	101215
apply for ~~medical assistance under Chapter 5111. of the Revised~~	101216
~~Code~~the medicaid program, make determinations when appropriate as	101217
to eligibility for ~~medical assistance~~medicaid, and refer their	101218
applications when necessary to the disability determination unit	101219
established in accordance with division (F) of this section for	101220
expedited review;	101221

(5) Require each applicant and recipient who in the judgment	101222
of the department or the county department might be eligible for	101223
supplemental security income benefits, as a condition of	101224
eligibility for disability financial assistance, to execute a	101225
written authorization for the secretary of health and human	101226
services to withhold benefits due that individual and pay to the	101227
director of job and family services or the director's designee an	101228
amount sufficient to reimburse the state and county shares of	101229
interim assistance furnished to the individual. For the purposes	101230
of division (C)(5) of this section, "benefits" and "interim	101231
assistance" have the meanings given in Title XVI of the "Social	101232
Security Act."	101233

(D) The director of job and family services shall adopt rules	101234
in accordance with section 111.15 of the Revised Code for the	101235
effective administration of the disability advocacy program. The	101236
rules shall include all of the following:	101237

(1) Methods to be used in collecting information from and	101238
disseminating it to county departments, including the following:	101239

(a) The number of individuals in the county who are disabled	101240
recipients of disability financial assistance;	101241

(b) The final decision made either by the social security	101242
administration or by a court for each application or	101243
reconsideration in which an individual was assisted pursuant to	101244
this section.	101245

(2) The type and process of training to be provided by the	101246
department of job and family services to the employees of the	101247
county department of job and family services who perform duties	101248
under this section;	101249

(3) Requirements for the written authorization required by	101250
division (C)(5) of this section.	101251

(E) The department of job and family services shall provide	101252
basic and continuing training to employees of the county	101253
department of job and family services who perform duties under	101254
this section. Training shall include but not be limited to all	101255
processes necessary to obtain federal disability benefits, and	101256
methods of advocacy.	101257

(F) The department of medicaid shall establish a disability	101258
determination unit and develop guidelines for expediting reviews	101259
of applications for ~~medical assistance under Chapter 5111. of the~~	101260
~~Revised Code~~the medicaid program for persons who have been	101261
referred to the unit under division (C)(4) of this section. The	101262
department of medicaid shall make determinations of eligibility	101263
for ~~medical assistance~~medicaid for any such person within the	101264
time prescribed by federal regulations.	101265

(G) The department of job and family services may, under	101266
rules the director of job and family services adopts in accordance	101267
with section 111.15 of the Revised Code, pay a portion of the	101268
federal reimbursement described in division (C)(5) of this section	101269
to persons or government entities that assist or represent	101270
assistance recipients in reconsiderations and appeals of social	101271
security administration decisions denying them supplemental	101272
security income benefits.	101273

(H) The director of job and family services shall conduct	101274
investigations to determine whether disability advocacy programs	101275
are being administered in compliance with the Revised Code and the	101276
rules adopted by the director pursuant to this section.	101277

Sec. 5117.10. (A) On or before the fifteenth day of January,	101278
the director of development shall pay each applicant determined	101279
eligible for a payment under divisions (A) and (B) of section	101280
5117.07 of the Revised Code one hundred twenty-five dollars.	101281

(B) The director may withhold from any payment to which a	101282
person would otherwise be entitled under division (A) of this	101283
section any amount that the director determines was erroneously	101284
received by such person in a preceding year under this or the	101285
program established under Am. Sub. H.B. 230, as amended by Am.	101286
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	101287
523 of the 112th general assembly, provided the director has	101288
employed all other legal methods reasonably available to obtain	101289
reimbursement for the erroneous payment or credit prior to the	101290
commencement of the current program year.	101291

(C) Payments made under this section and credits granted	101292
under section 5117.09 of the Revised Code shall not be considered	101293
income for the purpose of determining eligibility or the level of	101294
benefits or assistance under section 329.042 or Chapters 5107.,	101295
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	101296
supplemental security income payments under Title XVI of the	101297
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	101298
amended; or any other program under which eligibility or the level	101299
of benefits or assistance is based upon need measured by income.	101300

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

101301

(1) "Addiction" means the chronic and habitual use of	101302
alcoholic beverages, the use of a drug of abuse as defined in	101303
section 3719.011 of the Revised Code, or the use of gambling by an	101304
individual to the extent that the individual no longer can control	101305
the individual's use of alcohol, the individual becomes physically	101306
or psychologically dependent on the drug, the individual's use of	101307
alcohol or drugs endangers the health, safety, or welfare of the	101308
individual or others, or the individual's gambling causes	101309
psychological, financial, emotional, marital, legal, or other	101310
difficulties endangering the health, safety, or welfare of the	101311
individual or others.	101312

(2) "Addiction services" means services, including	101313
intervention, for the treatment of persons with alcohol, drug, or	101314
gambling addictions, and for the prevention of such addictions.	101315

(3) "Alcohol and drug addiction services" means services,	101316
including intervention, for the treatment of alcoholics or persons	101317
who abuse drugs of abuse and for the prevention of alcoholism and	101318
drug addiction.	101319

(4) "Alcoholic" means a person suffering from alcoholism.

101320

(5) "Alcoholism" means the chronic and habitual use of	101321
alcoholic beverages by an individual to the extent that the	101322
individual no longer can control the individual's use of alcohol	101323
or endangers the health, safety, or welfare of the individual or	101324
others.	101325

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

101326

~~(3)~~(6) "Community addiction services provider" means an	101327
agency, association, corporation, individual, or program that	101328
provides community alcohol, drug addiction, or gambling addiction	101329
services that are certified by the department of mental health and	101330
addiction services under section 5119.36 of the Revised Code.	101331

(7) "Community mental health services provider" means an	101332
agency, association, corporation, individual, or program that	101333
provides community mental health services that are certified by	101334
the department of mental health and addiction services under	101335
section 5119.36 of the Revised Code.	101336

(8) "Drug addiction" means the use of a drug of abuse, as	101337
defined in section 3719.011 of the Revised Code, by an individual	101338
to the extent that the individual becomes physically or	101339
psychologically dependent on the drug or endangers the health,	101340
safety, or welfare of the individual or others.	101341

~~(4) "Alcohol and drug addiction services" means services,~~	101342
~~including intervention, for the treatment of alcoholics or persons~~	101343
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	101344
~~drug addiction.~~	101345

~~(5) "Alcohol and drug addiction program" means a program that~~	101346
~~provides alcohol or drug addiction services and includes a~~	101347
~~facility or entity that operates such a program.~~	101348

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	101349
individual to the extent that it causes psychological, financial,	101350
emotional, marital, legal, or other difficulties endangering the	101351
health, safety, or welfare of the individual or others.	101352

~~(7)~~(10) "Gambling addiction services" means services for the	101353
treatment of persons who have a gambling addiction and for the	101354
prevention of gambling addiction.	101355

(11) "Hospital" means a hospital or inpatient unit licensed	101356
by the department of mental health and addiction services under	101357
section 5119.33 of the Revised Code, and any institution,	101358
hospital, or other place established, controlled, or supervised by	101359
the department under Chapter 5119. of the Revised Code.	101360

(12) "Mental illness" means a substantial disorder of	101361
thought, mood, perception, orientation, or memory that grossly	101362
impairs judgment, behavior, capacity to recognize reality, or	101363
ability to meet the ordinary demands of life.	101364

(13) "Mental health services" means services for the	101365
assessment, care, or treatment of persons who have a mental	101366
illness as defined in this section.	101367

(14)(a) "Residence" means a person's physical presence in a	101368
county with intent to remain there, except in either of the	101369
following circumstances:	101370

(i) If a person is receiving a mental health service at a	101371
facility that includes nighttime sleeping accommodations,	101372
"residence" means that county in which the person maintained the	101373
person's primary place of residence at the time the person entered	101374
the facility;	101375

(ii) If a person is committed pursuant to section 2945.38,	101376
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	101377
"residence" means the county where the criminal charges were	101378
filed.	101379

(b) When the residence of a person is disputed, the matter of	101380
residence shall be referred to the department of mental health and	101381
addiction services for investigation and determination. Residence	101382
shall not be a basis for a board of alcohol, drug addiction, and	101383
mental health services to deny services to any person present in	101384
the board's service district, and the board shall provide services	101385
for a person whose residence is in dispute while residence is	101386
being determined and for a person in an emergency situation.	101387

(B) Any reference in this chapter to a board of alcohol, drug	101388
addiction, and mental health services also refers to an alcohol	101389
and drug addiction services board or a community mental health	101390
board in a service district in which an alcohol and drug addiction	101391
services board or a community mental health board has been	101392
established under section 340.021 or former section 340.02 of the	101393
Revised Code.	101394

Sec. 5119.04. The department of ~~mental health~~mental health	101395
and addiction services and any institutions under its supervision	101396
or jurisdiction shall, where applicable, be in substantial	101397
compliance with standards set forth for psychiatric facilities by	101398
the joint commission ~~on accreditation of healthcare organizations~~	101399
or medical assistance standards under Title XIX of the "Social	101400
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	101401
other applicable standards~~, except that the department and any~~	101402
~~institution under its supervision or jurisdiction shall be in~~	101403
~~substantial compliance with standards for physical facilities and~~	101404
~~equipment by July 1, 1989. The requirements of this section do not~~	101405
~~apply to any facility designated by the director of mental health~~	101406
~~for use as a psychiatric rehabilitation center~~.	101407

The requirements of this section are in addition to any other	101408
requirements established by the Revised Code and nothing in this	101409
section shall be construed to limit any rights, privileges,	101410
protections, or immunities which may exist under the constitution	101411
and laws of the United States or this state.	101412

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	101413
of ~~mental health~~mental health and addiction services, each	101414
institution under the jurisdiction of the department shall be	101415
under the management and control of a managing officer to be known	101416
as a ~~superintendent~~chief executive officer or by another	101417
appropriate title. Such managing officer shall be appointed by the	101418
director of ~~mental health~~mental health and addiction services,	101419
and shall be in the unclassified service and serve at the pleasure	101420
of the director. Each managing officer shall be of good moral	101421
character and have skill, ability, and experience in ~~his~~the	101422
managing officer's profession. ~~Appointment to this position may be~~	101423
~~made from persons holding positions in the classified service in~~	101424
~~the department.~~	101425

The managing officer, under the director, shall ~~have entire~~	101426
~~executive charge~~serve as the appointing authority of the	101427
institution ~~for~~to which such managing officer is appointed.	101428
Subject to civil service rules, the managing officer shall have	101429
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	101430
~~the director may remove such employees for cause~~of the	101431
institution. On behalf of the institution, the managing officer	101432
has the authority and responsibility for entering into contracts	101433
and other agreements for the efficient operations of the	101434
institution.	101435

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	101436
mental health and addiction services shall keep in its office a	101437
proper and complete set of books and accounts with each	101438
institution, which shall clearly show the nature and amount of	101439
every expenditure authorized and made at such institution, and	101440
which shall contain an account of all appropriations made by the	101441
general assembly and of all other funds, together with the	101442
disposition of such funds.	101443

The department shall prescribe the form of vouchers, records,	101444
and methods of keeping accounts at each of the institutions, which	101445
shall be as nearly uniform as possible. The department may examine	101446
the records of each institution at any time.	101447

The department may authorize any of its ~~bookeepers~~	101448
bookkeepers, accountants, or employees to examine and check the	101449
records, accounts, and vouchers or take an inventory of the	101450
property of any institution, or do whatever is necessary, and pay	101451
the actual and reasonable expenses incurred in such service when	101452
an itemized account is filed and approved.	101453

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	101454
health and addiction services shall keep in its office, accessible	101455
only to its employees, except by the consent of the department or	101456
the order of the judge of a court of record, a record showing the	101457
name, residence, sex, age, nativity, occupation, condition, and	101458
date of entrance or commitment of every patient in the	101459
institutions governed by it, the date, cause, and terms of	101460
discharge and the condition of such person at the time of leaving,	101461
and also a record of all transfers from one institution to	101462
another, and, if such person dies while in the care or custody of	101463
the department, the date and cause of death. These and such other	101464
facts as the department requires shall be furnished by the	101465
managing officer of each institution within twenty-four hours	101466
after the commitment, entrance, death, or discharge of a patient.	101467

In case of an accident or injury or peculiar death of a	101468
patient the managing officer shall make a special report to the	101469
department within twenty-four hours thereafter, giving the	101470
circumstances as fully as possible.	101471

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	101472
file a petition in the court of common pleas of the county in	101473
which a benevolent institution of the department of mental health	101474
and addiction services is located, in which petition the desire to	101475
erect or carry on at a less distance than that prescribed in	101476
section 3767.19 of the Revised Code shall be set forth, the	101477
business prohibited, the precise point of its establishment, and	101478
the reasons and circumstances, in its opinion, why the erection or	101479
carrying on ~~thereof~~of the business would not annoy or endanger	101480
the health, convenience, or recovery of the patients of such	101481
institution. The petitioner shall give notice in a newspaper of	101482
general circulation in the county of the pendency and prayer of	101483
the petition for at least six consecutive weeks before the day set	101484
for hearing the petition and serve a written notice upon the	101485
~~superintendent~~managing officer of the institution at least thirty	101486
days before the day set for hearing the petition.	101487

If, upon the hearing of the petition, it appears that the	101488
notice has been given as required and the court is of the opinion	101489
that no good reason exists why such establishment may not be	101490
erected or such business carried on and that by the erection or	101491
carrying on ~~thereof~~of the business at the point named, the	101492
institution will sustain no detriment, the court may issue an	101493
order granting the prayer of the petitioner. Thereafter the	101494
petitioner may locate such establishment or carry on such business	101495
at the point named in the petition.	101496

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	101497
has the same meaning as in section 109.511 of the Revised Code.	101498

(B)(1) Subject to division (C) of this section, upon the	101499
recommendation of the director of ~~mental health~~mental health and	101500
addiction services, the managing officer of an institution under	101501
the jurisdiction of the department of ~~mental health~~mental health	101502
and addiction services may designate one or more employees to be	101503
special police officers of the department. The special police	101504
officers shall take an oath of office, wear the badge of office,	101505
and give bond for the proper and faithful discharge of their	101506
duties in an amount that the director requires.	101507

(2) In accordance with section 109.77 of the Revised Code,	101508
the special police officers shall be required to complete	101509
successfully a peace officer basic training program approved by	101510
the Ohio peace officer training commission and to be certified by	101511
the commission. The cost of the training shall be paid by the	101512
department of ~~mental health~~mental health and addiction services.	101513

(3) Special police officers, on the premises of institutions	101514
under the jurisdiction of the department of ~~mental health~~mental	101515
health and addiction services and subject to the rules of the	101516
department, shall protect the property of the institutions and the	101517
persons and property of patients in the institutions, suppress	101518
riots, disturbances, and breaches of the peace, and enforce the	101519
laws of the state and the rules of the department for the	101520
preservation of good order. They may arrest any person without a	101521
warrant and detain the person until a warrant can be obtained	101522
under the circumstances described in division (F) of section	101523
2935.03 of the Revised Code.	101524

(C)(1) The managing officer of an institution under the	101525
jurisdiction of the department of ~~mental health~~mental health and	101526
addiction services shall not designate an employee as a special	101527
police officer of the department pursuant to division (B)(1) of	101528
this section on a permanent basis, on a temporary basis, for a	101529
probationary term, or on other than a permanent basis if the	101530
employee previously has been convicted of or has pleaded guilty to	101531
a felony.	101532

(2)(a) The managing officer of an institution under the	101533
jurisdiction of the department of ~~mental health~~mental health and	101534
addiction services shall terminate the employment as a special	101535
police officer of the department of an employee designated as a	101536
special police officer under division (B)(1) of this section if	101537
that employee does either of the following:	101538

(i) Pleads guilty to a felony;

101539

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	101540
plea agreement as provided in division (D) of section 2929.43 of	101541
the Revised Code in which the employee agrees to surrender the	101542
certificate awarded to that employee under section 109.77 of the	101543
Revised Code.	101544

(b) The managing officer shall suspend from employment as a	101545
special police officer of the department an employee designated as	101546
a special police officer under division (B)(1) of this section if	101547
that employee is convicted, after trial, of a felony. If the	101548
special police officer files an appeal from that conviction and	101549
the conviction is upheld by the highest court to which the appeal	101550
is taken or if the special police officer does not file a timely	101551
appeal, the managing officer shall terminate the employment of	101552
that special police officer. If the special police officer files	101553
an appeal that results in that special police officer's acquittal	101554
of the felony or conviction of a misdemeanor, or in the dismissal	101555
of the felony charge against that special police officer, the	101556
managing officer shall reinstate that special police officer. A	101557
special police officer of the department who is reinstated under	101558
division (C)(2)(b) of this section shall not receive any back pay	101559
unless that special police officer's conviction of the felony was	101560
reversed on appeal, or the felony charge was dismissed, because	101561
the court found insufficient evidence to convict the special	101562
police officer of the felony.	101563

(3) Division (C) of this section does not apply regarding an	101564
offense that was committed prior to January 1, 1997.	101565

(4) The suspension from employment, or the termination of the	101566
employment, of a special police officer under division (C)(2) of	101567
this section shall be in accordance with ~~Chapter 119. of the~~	101568
~~Revised Code~~applicable collective bargaining agreements.	101569

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	101570
all ~~suits~~claims instituted on behalf of or against the department	101571
of mental health and addiction services or any institution under	101572
the jurisdiction of the department ~~of mental health~~ and the	101573
managing officer thereof, except such institutions as are	101574
privately owned or operated under a license from the department of	101575
~~mental health~~mental health and addiction services, and shall	101576
represent the public hospital in proceedings under section 5122.15	101577
of the Revised Code. The department of ~~mental health~~mental health	101578
and addiction services shall reimburse the attorney general for	101579
the compensation of assistant attorneys general required to	101580
represent the public hospital in proceedings under section 5122.15	101581
of the Revised code and shall also pay the costs of litigation	101582
incurred by the attorney general under that section.	101583

If a writ of habeas corpus is applied for, the clerk of the	101584
court shall give notice of the time and place of hearing to the	101585
attorney general.	101586

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	101587
mental health and addiction services is the chief executive and	101588
~~administrative officer~~appointing authority of the department of	101589
~~mental health~~mental health and addiction services. The director	101590
may organize the department for its efficient operation, including	101591
creating divisions or offices as necessary. The director may	101592
establish procedures for the governance of the department, conduct	101593
of its employees and officers, performance of its business, and	101594
custody, use, and preservation of departmental records, papers,	101595
books, documents, and property. Whenever the Revised Code imposes	101596
a duty upon or requires an action of the department or any of its	101597
institutions, the director or the director's designee shall	101598
perform the action or duty in the name of the department, except	101599
that the medical director appointed pursuant to section ~~5119.07~~	101600
5119.11 of the Revised Code shall be responsible for decisions	101601
relating to medical diagnosis, treatment, rehabilitation, quality	101602
assurance, and the clinical aspects of the following: licensure of	101603
hospitals and residential facilities, research, community	101604
addiction and mental health services plans, and certification and	101605
delivery of mental health and addiction services.	101606

(B) The director shall:

101607

~~(A)~~(1) Adopt rules for the proper execution of the powers and	101608
duties of the department with respect to the institutions under	101609
its control, and require the performance of additional duties by	101610
the officers of the institutions as necessary to fully meet the	101611
requirements, intents, and purposes of this chapter. In case of an	101612
apparent conflict between the powers conferred upon any managing	101613
officer and those conferred by such sections upon the department,	101614
the presumption shall be conclusive in favor of the department.	101615

~~(B)~~(2) Adopt rules for the nonpartisan management of the	101616
institutions under the department's control. An officer or	101617
employee of the department or any officer or employee of any	101618
institution under its control who, by solicitation or otherwise,	101619
exerts influence directly or indirectly to induce any other	101620
officer or employee of the department or any of its institutions	101621
to adopt the exerting officer's or employee's political views or	101622
to favor any particular person, issue, or candidate for office	101623
shall be removed from the exerting officer's or employee's office	101624
or position, by the department in case of an officer or employee,	101625
and by the governor in case of the director.	101626

~~(C)~~(3) Appoint such employees, including the medical	101627
director, as are necessary for the efficient conduct of the	101628
department, and prescribe their titles and duties;	101629

~~(D)~~(4) Prescribe the forms of affidavits, applications,	101630
medical certificates, orders of hospitalization and release, and	101631
all other forms, reports, and records that are required in the	101632
hospitalization or admission and release of all persons to the	101633
institutions under the control of the department, or are otherwise	101634
required under this chapter or Chapter 5122. of the Revised Code;	101635

~~(E) Contract with hospitals licensed by the department under~~	101636
~~section 5119.20 of the Revised Code for the care and treatment of~~	101637
~~mentally ill patients, or with persons, organizations, or agencies~~	101638
~~for the custody, evaluation, supervision, care, or treatment of~~	101639
~~mentally ill persons receiving services elsewhere than within the~~	101640
~~enclosure of a hospital operated under section 5119.02 of the~~	101641
~~Revised Code;~~	101642

~~(F)~~(5) Exercise the powers and perform the duties relating to	101643
community addiction and mental health facilities and services that	101644
are assigned to the director under this chapter and Chapter 340.	101645
of the Revised Code;	101646

~~(G)~~(6) Develop and implement clinical evaluation and	101647
monitoring of services that are operated by the department;	101648

~~(H)~~(7) Adopt rules establishing standards for the performance	101649
of evaluations by a forensic center or other psychiatric program	101650
or facility of the mental condition of defendants ordered by the	101651
court under section 2919.271, or 2945.371 of the Revised Code, and	101652
for the treatment of defendants who have been found incompetent to	101653
stand trial and ordered by the court under section 2945.38,	101654
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	101655
treatment in facilities;	101656

~~(I)~~(8) On behalf of the department, have the authority and	101657
responsibility for entering into contracts and other agreements;	101658
with providers, agencies, institutions, and other entities, both	101659
public and private, as necessary for the department to carry out	101660
its duties under this chapter and Chapters 340., 2919., 2945., and	101661
5122. of the Revised Code. Chapter 125. of the Revised Code does	101662
not apply to contracts the director enters into under this section	101663
for services provided to individuals with mental illness by	101664
providers, agencies, institutions, and other entities not owned or	101665
operated by the department.	101666

~~(J) Prepare and publish regularly a state mental health plan~~	101667
~~that describes the department's philosophy, current activities,~~	101668
~~and long-term and short-term goals and activities;~~	101669

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	101670
Revised Code specifying the supplemental services that may be	101671
provided through a trust authorized by section 5815.28 of the	101672
Revised Code;	101673

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	101674
Revised Code establishing standards for the maintenance and	101675
distribution to a beneficiary of assets of a trust authorized by	101676
section 5815.28 of the Revised Code.	101677

(C) The director may contract with hospitals licensed by the	101678
department under section 5119.33 of the Revised Code for the care	101679
and treatment of mentally ill patients, or with persons,	101680
organizations, or agencies for the custody, evaluation,	101681
supervision, care, or treatment of mentally ill persons receiving	101682
services elsewhere than within the enclosure of a hospital	101683
operated under section 5119.14 of the Revised Code.	101684

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	101685
mental health and addiction services shall appoint a medical	101686
director who ~~is a psychiatrist as defined in division (E) of~~	101687
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	101688
the American board of psychiatry and neurology or the American	101689
osteopathic board of neurology and psychiatry, and has at least	101690
five years of clinical and two years of administrative experience.	101691
The medical director shall also have certification or substantial	101692
training and experience in the field of addiction medicine or	101693
addiction psychiatry. The medical director shall be responsible	101694
for decisions relating to medical diagnosis, treatment,	101695
prevention, rehabilitation, quality assurance, and the clinical	101696
aspects of mental health and addiction services involving all of	101697
the following: ~~licensure~~	101698

(1) Licensure of hospitals ~~and~~, residential facilities,	101699
~~research, community mental health~~and outpatient facilities;	101700

(2) Research;

101701

(3) Community addiction and mental health services plans,;

101702

(4) Certification and delivery of mental health and addiction	101703
services. ~~The~~	101704

(B) The medical director shall also exercise clinical	101705
supervision of the chief clinical officers of hospitals and	101706
institutions under the jurisdiction of the department and shall	101707
review and approve decisions relating to the employment of the	101708
chief clinical officers. The medical director or ~~his~~the medical	101709
director's designee shall advise the director on matters relating	101710
to licensure, research, ~~community mental health plans,~~ and the	101711
certification and delivery of mental health and addiction services	101712
and community plans. The medical director shall participate in the	101713
development of guidelines for community addiction and mental	101714
health services plans. The director of ~~mental health~~mental	101715
health and addiction services may establish other duties of the	101716
medical director. ~~The medical director shall participate in the~~	101717
~~development of guidelines for community mental health plans.~~	101718

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	101719
mental health and addiction services shall maintain, operate,	101720
manage, and govern state institutions and other services for the	101721
care and treatment of mentally ill persons.	101722

(B)(1) The department of ~~mental health~~mental health and	101723
addiction services may, with the approval of the governor,	101724
designate ~~all~~the name and purpose of any institutions under its	101725
jurisdiction ~~by appropriate respective names, regardless of~~	101726
~~present statutory designation~~and may change, with the approval of	101727
the governor, the designation and name when necessary.	101728

~~(C)~~(2) The department shall divide the state into districts	101729
for the purpose of designating the institution in which mentally	101730
ill persons are hospitalized and may change the districts.	101731

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	101732
of the Revised Code and on the agreement of the departments of	101733
~~mental health~~mental health and addiction services and youth	101734
services, the department of ~~mental health~~mental health and	101735
addiction services may receive from the department of youth	101736
services for psychiatric observation, diagnosis, or treatment any	101737
person eighteen years of age or older in the custody of the	101738
department of youth services. The departments ~~shall~~may enter into	101739
a written agreement specifying the procedures necessary to	101740
implement this division.	101741

~~(D)~~(C) The department of ~~mental health~~mental health and	101742
addiction services shall designate hospitals, facilities, and	101743
community mental health ~~agencies~~services providers for the	101744
custody, care, and special treatment of, and authorize payment for	101745
such custody, care, and special treatment provided to, persons who	101746
are charged with a crime and who are found incompetent to stand	101747
trial or not guilty by reason of insanity.	101748

~~(E)~~(D) The department of ~~mental health~~mental health and	101749
addiction services may do ~~all~~any of the following:	101750

(1) Require reports from the managing officer of any	101751
institution under the department's jurisdiction, relating to the	101752
admission, examination, comprehensive evaluation, diagnosis,	101753
release, or discharge of any patient;	101754

(2) Visit each institution regularly to review its operations	101755
and to investigate complaints made by any patient or by any person	101756
on behalf of a patient, provided these duties may be performed by	101757
a person designated by the director.	101758

~~(F) The department of mental health shall divide the state~~	101759
~~into districts for the purpose of designating the institution in~~	101760
~~which mentally ill persons are hospitalized, and may change the~~	101761
~~districts.~~	101762

~~(G)~~(E) The department of mental health and addiction services	101763
may provide or contract to provide addiction services for	101764
offenders incarcerated in the state prison system.	101765

(F) In addition to the powers expressly conferred, the	101766
department of ~~mental health~~mental health and addiction services	101767
shall have all powers and authority necessary for the full and	101768
efficient exercise of the executive, administrative, and fiscal	101769
supervision over the state institutions described in this section.	101770

~~(H) The department of mental health may provide for the~~	101771
~~custody, supervision, control, treatment, and training of mentally~~	101772
~~ill persons hospitalized elsewhere than within the enclosure of a~~	101773
~~hospital, if the department so determines with respect to any~~	101774
~~individual or group of individuals. In all such cases, the~~	101775
~~department shall ensure adequate and proper supervision for the~~	101776
~~protection of such persons and of the public.~~	101777

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	101778
mental health and addiction services has all the authority	101779
necessary to carry out its powers and duties under this chapter	101780
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	101781
including the authority to adopt rules pursuant to Chapter 119. of	101782
the Revised Code that may be necessary to carry out the purposes	101783
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	101784
Revised Code.	101785

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	101786
health and addiction services may make such investigations as are	101787
necessary in the performance of its duties and to that end the	101788
director of ~~mental health~~mental health and addiction services	101789
shall have the same power as a judge of a county court to	101790
administer oaths and to enforce the attendance and testimony of	101791
witnesses and the production of books or papers.	101792

The department shall keep a record of such investigations	101793
stating the time, place, charges or subject, witnesses summoned	101794
and examined, and its conclusions.	101795

In matters involving the conduct of an officer, a	101796
stenographic report of the evidence shall be taken and a copy of	101797
such report, with all documents introduced, kept on file at the	101798
office of the department.	101799

The fees of witnesses for attendance and travel shall be the	101800
same as in the court of common pleas, but no officer or employee	101801
of the institution under investigation is entitled to such fees.	101802

Any judge of the probate court or of the court of common	101803
pleas, upon application of the department, may compel the	101804
attendance of witnesses, the production of books or papers, and	101805
the giving of testimony before the department, by a judgment for	101806
contempt or otherwise, in the same manner as in cases before such	101807
courts.	101808

The department of ~~mental health~~mental health and addiction	101809
services may appoint and commission any competent agency or	101810
person, to serve without compensation, as a special agent,	101811
investigator, or representative to perform a designated duty for	101812
the department. Specific credentials shall be given by the	101813
department to each person so designated. Each credential shall	101814
state the:	101815

(A) Name of the agent, investigator, or representative;

101816

(B) Agency with which such person is connected;

101817

101818

(D) Date of expiration of appointment;

101819

(E) Such information as the department considers proper.

101820

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	101821
~~addiction services~~mental health and addiction services, in	101822
conjunction with the department of job and family services, shall	101823
develop a joint state plan to improve the accessibility and	101824
timeliness of alcohol and drug addiction services for individuals	101825
identified by a public children services agency as in need of	101826
those services. The plan shall address the fact that Ohio works	101827
first participants may be among the persons receiving services	101828
under section 340.15 of the Revised Code and shall require the	101829
department of job and family services to seek federal funds	101830
available under Title IV-A of the "Social Security Act," 49 Stat.	101831
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	101832
services to Ohio works first participants who are receiving	101833
services under section 340.15 of the Revised Code.	101834

The plan shall address the need and manner for sharing	101835
information and include a request for the general assembly to	101836
appropriate an amount of funds specified in the report to be used	101837
by the departments to pay for services under section 340.15 of the	101838
Revised Code. The departments shall review and amend the plan as	101839
necessary.	101840

Not later than the first day of July of each even-numbered	101841
year, the departments shall submit a report on the progress made	101842
under the joint state plan to the governor, president of the	101843
senate, and speaker of the house of representatives. The report	101844
shall include information on treatment capacity, needs	101845
assessments, and number of individuals who received services	101846
pursuant to section 340.15 of the Revised Code.	101847

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	101848
~~addiction services~~mental health and addiction services, in	101849
accordance with division (B) of this section, shall give priority	101850
to developing, and promptly shall develop, with available public	101851
and private resources a program that does all of the following:	101852

(1) Provides a manner of identifying the aggregate number of	101853
pregnant women in this state who are addicted to a drug of abuse;	101854

(2) Provides for an effective means of intervention to	101855
eliminate the addiction of pregnant women to drugs of abuse prior	101856
to the birth of their children;	101857

(3) Provides for the continued monitoring of women who were	101858
addicted to a drug of abuse during their pregnancies, after the	101859
birth of their children, and for the availability of treatment and	101860
rehabilitation for those women;	101861

(4) Provides a manner of determining the aggregate number of	101862
children who are born in this state to women who are addicted, at	101863
the time of birth, to a drug of abuse, and of children who are	101864
born in this state with an addiction to or a dependency on a drug	101865
of abuse;	101866

(5) Provides for the continued monitoring of children who are	101867
born in this state to women who are addicted, at the time of	101868
birth, to a drug of abuse, or who are born in this state with an	101869
addiction to or dependency on a drug of abuse, after their birth;	101870

(6) Provides for the treatment and rehabilitation of any	101871
child who is born to a woman who is addicted, at the time of	101872
birth, to a drug of abuse, and of any child who is born with an	101873
addiction to or dependency on a drug of abuse.	101874

(B) In developing the program described in division (A) of	101875
this section, the department may obtain information from the	101876
department of health and the department of job and family	101877
services, and those departments shall cooperate with the	101878
department of ~~alcohol and drug addiction services~~mental health	101879
and addiction services in its development and implementation of	101880
the program.	101881

(C) Immediately upon its development of the program described	101882
in division (A) of this section, the department shall implement	101883
the program.	101884

(D) Any record or information that is obtained or maintained	101885
by the department in connection with the program described in	101886
division (A) of this section and could enable the identification	101887
of any woman or child described in division (A)(1) or (4) of this	101888
section is not a public record subject to inspection or copying	101889
under section 149.43 of the Revised Code.	101890

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	101891
person who holds a certified or permanent position in the	101892
classified service within the department of ~~mental health~~mental	101893
health and addiction services to a position in the unclassified	101894
service within the department. A person appointed pursuant to this	101895
section to a position in the unclassified service shall retain the	101896
right to resume the position and status held by the person in the	101897
classified service immediately prior to the person's appointment	101898
to the position in the unclassified service, ~~regardless of the~~	101899
~~number of positions the person held in the unclassified service.~~	101900
~~An employee's right to resume a position in the classified service~~	101901
~~may only be exercised when an appointing authority demotes the~~	101902
~~employee to a pay range lower than the employee's current pay~~	101903
~~range or revokes the employee's appointment to the unclassified~~	101904
~~service. An employee forfeits the right to resume a position in~~	101905
~~the classified service when the employee is removed from the~~	101906
~~position in the unclassified service due to incompetence,~~	101907
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	101908
~~insubordination, discourteous treatment of the public, neglect of~~	101909
~~duty, violation of this chapter or Chapter 124. of the Revised~~	101910
~~Code, violation of the rules of the director of administrative~~	101911
~~services or the director of mental health, any other failure of~~	101912
~~good behavior, any other acts of misfeasance, malfeasance, or~~	101913
~~nonfeasance in office, or conviction of a felony. An employee also~~	101914
~~forfeits the right to resume a position in the classified service~~	101915
~~upon transfer to a different agency.~~	101916

~~Reinstatement to a position in the classified service shall~~	101917
~~be to a position substantially equal to that position in the~~	101918
~~classified service held previously, as certified by the director~~	101919
~~of administrative services. If the position the person previously~~	101920
~~held in the classified service has been placed in the unclassified~~	101921
~~service or is otherwise unavailable, the person shall be appointed~~	101922
~~to a position in the classified service within the department that~~	101923
~~the director of administrative services certifies is comparable in~~	101924
~~compensation to the position the person previously held in the~~	101925
~~classified service. Service in the position in the unclassified~~	101926
~~service shall be counted as service in the position in the~~	101927
~~classified service held by the person immediately prior to the~~	101928
~~person's appointment to the position in the unclassified service.~~	101929
~~When a person is reinstated to a position in the classified~~	101930
~~service as provided in this section, the person is entitled to all~~	101931
~~rights, status, and benefits accruing to the position in the~~	101932
~~classified service during the person's time of service in the~~	101933
~~position in the unclassified service~~pursuant to division (D) of	101934
section 124.11 of the Revised Code.	101935

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	101936
appoint a person to fill a position in either the classified or	101937
unclassified service of the department of ~~mental health~~mental	101938
health and addiction services if the person has been convicted of	101939
or pleaded guilty to a violation of the following:	101940

(1) Any felony contained in the Revised Code, if the felony	101941
bears a direct and substantial relationship to the position being	101942
filled;	101943

(2) Any crime contained in the Revised Code constituting a	101944
misdemeanor of the first degree on the first offense and a felony	101945
on subsequent offenses, if the crime bears a direct and	101946
substantial relationship to the position being filled;	101947

(3) An existing or former law of this state, any other state,	101948
or the United States, if the law violated is substantially	101949
equivalent to any of the offenses described in division (A)(1) or	101950
(2) of this section.	101951

(B) The director of ~~mental health~~mental health and addiction	101952
services shall adopt rules, in accordance with Chapter 119. of the	101953
Revised Code, to implement this section.	101954

(C) The director or an appointing officer shall request the	101955
bureau of criminal identification and investigation created by	101956
section 109.51 of the Revised Code or, at ~~his~~the director's or	101957
appointing officer's discretion, any other state or federal	101958
agency, to supply ~~him~~the director or appointing officer with a	101959
written report regarding the criminal records of any applicant.	101960
For each investigation undertaken at the department's request	101961
under this section, the department shall pay a reasonable fee to	101962
the bureau or other state or federal agency conducting the	101963
investigation. The amount of the fee shall be determined by the	101964
bureau or other state or federal agency conducting the	101965
investigation and shall be sufficient to cover the costs of	101966
conducting the investigation. The report made by the bureau or	101967
other state or federal agency is not a public record for purposes	101968
of section 149.43 of the Revised Code and shall not be made	101969
available to any person, except the applicant, the director, the	101970
appointing officer or ~~his designee~~the appointing officer's	101971
designees, or any hearing officer involved in a case denying	101972
employment.	101973

(D) As used in this section, "applicant" means a person who	101974
is under final consideration for appointment to a position in the	101975
classified or unclassified service of the department of ~~mental~~	101976
~~health~~mental health and addiction services.	101977

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	101978
mental health and addiction services may require any of its	101979
employees and each officer and employee of every institution under	101980
its control who may be charged with custody or control of any	101981
money or property belonging to the state or who is required to	101982
give bond, to give a surety company bond, properly conditioned, in	101983
a sum to be fixed by the department which when approved by the	101984
department, shall be filed in the office of the secretary of	101985
state. The cost of such bonds, when approved by the department,	101986
shall be paid from funds available for the department. The bonds	101987
required or authorized by this section may, in the discretion of	101988
the director of ~~mental health~~mental health and addiction	101989
services, be individual, schedule, or blanket bonds.	101990

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	101991
mental health and addiction services may provide educational	101992
grants or tuition reimbursements to upgrade the education,	101993
training, and professional achievement of its employees, whenever	101994
it determines that provision of such grants or reimbursements is	101995
essential to the achievement of its goals. The department may	101996
enter into agreements with its employees for the purposes of this	101997
section. The agreements may require, as a condition of each grant	101998
or reimbursement, that the employee continue employment with the	101999
department or with another federal, state, or local public agency	102000
designated by the department for a period of time stated in the	102001
agreement. If an employee does not fulfill the employment	102002
requirement stated in the agreement, the department may take	102003
action to recover the amount of all educational grants or tuition	102004
reimbursements paid to the employee under this section, plus	102005
interest at the rate of ten per cent per year calculated from the	102006
date of payment of each grant or reimbursement.	102007

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	102008
"physician" means an individual authorized under Chapter 4731. of	102009
the Revised Code to practice medicine and surgery or osteopathic	102010
medicine and surgery.	102011

(B) The department of ~~mental health~~mental health and	102012
addiction services may establish a physician recruitment program	102013
under which the department agrees to repay all or part of the	102014
principal and interest of a government or other educational loan	102015
incurred by a physician who agrees to provide services to	102016
inpatients and outpatients of institutions under the department's	102017
administration. To be eligible to participate in the program, a	102018
physician must have attended a school that was, at the time of	102019
attendance, a medical school or osteopathic medical school in this	102020
country accredited by the liason committee on medical education or	102021
the American osteopathic association, or a medical school or	102022
osteopathic medical school located outside this country that was	102023
acknowledged by the world health organization and verified by a	102024
member state of that organization as operating within that state's	102025
jurisdiction.	102026

(C) The department shall enter into a contract with each	102027
physician it recruits under this section. Each contract shall	102028
include at least the following terms:	102029

(1) The physician agrees to provide a specified scope of	102030
medical or osteopathic medical services for a specified number of	102031
hours per week and a specified number of years to patients of one	102032
or more specified institutions administered by the department.	102033

(2) The department agrees to repay all or a specified portion	102034
of the principal and interest of a government or other educational	102035
loan taken by the physician for the following expenses if the	102036
physician meets the service obligation agreed to and the expenses	102037
were incurred while the physician was enrolled in, for up to a	102038
maximum of four years, a school that qualifies the physician to	102039
participate in the program:	102040

(a) Tuition;

102041

(b) Other educational expenses for specific purposes,	102042
including fees, books, and laboratory expenses, in amounts	102043
determined to be reasonable in accordance with rules adopted under	102044
division (D) of this section;	102045

(c) Room and board, in an amount determined to be reasonable	102046
in accordance with rules adopted under division (D) of this	102047
section.	102048

(3) The physician agrees to pay the department a specified	102049
amount, which shall be not less than the amount already paid by	102050
the department pursuant to its agreement, as damages if hethe	102051
physician fails to complete the service obligation agreed to or	102052
fails to comply with other specified terms of the contract. The	102053
contract may vary the amount of damages based on the portion of	102054
the physician's service obligation that remains uncompleted as	102055
determined by the department.	102056

(4) Other terms agreed upon by the parties.

102057

(D) If the department elects to implement the physician	102058
recruitment program, it shall adopt rules in accordance with	102059
Chapter 119. of the Revised Code that establish all of the	102060
following:	102061

(1) Criteria for designating institutions for which	102062
physicians will be recruited;	102063

(2) Criteria for selecting physicians for participation in	102064
the program;	102065

(3) Criteria for determining the portion of a physician's	102066
loan that the department will agree to repay;	102067

(4) Criteria for determining reasonable amounts of the	102068
expenses described in divisions (C)(2)(b) and (c) of this section;	102069

(5) Procedures for monitoring compliance by physicians with	102070
the terms of their contracts;	102071

(6) Any other criteria or procedures necessary to implement	102072
the program.	102073

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	102074
mental health and addiction services or the managing officer of an	102075
institution of the department may enter into an agreement with	102076
boards of trustees or boards of directors of one or more	102077
institutions of higher education or hospitals licensed pursuant to	102078
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	102079
and conduct collaborative training efforts for students enrolled	102080
in courses of studies for occupations or professions ~~which may be~~	102081
~~determined by the director upon the approval of the medical~~	102082
~~director to be in occupations or professions needed to provide~~	102083
~~adequate~~that involve the care and treatment for persons receiving	102084
mental health or addiction services.	102085

(B) Such collaborative training efforts may include but are	102086
not limited to programs in psychiatry, psychology, nursing, social	102087
work, counseling professions, and others considered appropriate by	102088
the director of ~~mental health~~mental health and addiction	102089
services. Any such program shall be approved or accredited by its	102090
respective professional organization or state board having	102091
jurisdiction over the profession.	102092

(1) The department shall require that the following be	102093
provided for in agreements between the department and institutions	102094
of higher education or hospitals licensed pursuant to section	102095
~~5119.20~~5119.33 of the Revised Code:	102096

(a) Establishment of inter-disciplinary committees to advise	102097
persons responsible for training programs. Each committee shall	102098
have representation drawn from the geographical community the	102099
institution of higher education or hospital serves and shall	102100
include representatives of agencies, boards, targeted populations	102101
as determined by the department, racial and ethnic minority	102102
groups, and publicly funded programs;	102103

(b) Funding procedures;

102104

(c) Specific outcomes and accomplishments that are expected	102105
or required of a program under such agreement;	102106

(d) The types of services to be provided under such	102107
agreement.	102108

(2) The department may require that the following be provided	102109
for in agreements between the department and institutions of	102110
higher education or hospitals licensed pursuant to section ~~5119.20~~	102111
5119.33 of the Revised Code:	102112

(a) Special arrangements for individual residents or trainees	102113
to encourage their employment in publicly funded settings upon	102114
completion of their training;	102115

(b) Procedures for the selection of residents or trainees to	102116
promote the admission, retention, and graduation of women,	102117
minorities, and ~~handicapped~~disabled persons;	102118

(c) Cross-cultural training and other subjects considered	102119
necessary to enhance training efforts and the care and treatment	102120
of patients and clients;	102121

(d) Funding of faculty positions oriented toward meeting the	102122
needs of publicly funded programs.	102123

Subject to appropriations by the general assembly, the	102124
director of ~~mental health~~mental health and addiction services has	102125
final approval of the funding of these collaborative training	102126
efforts.	102127

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	102128
instruction and training of all persons in institutions under the	102129
control of the department of ~~mental health~~mental health and	102130
addiction services shall be subject to the approval of the	102131
superintendent of public instruction.	102132

All teachers employed in institutions under the control of	102133
the department of ~~mental health~~mental health and addiction	102134
services shall possess such educator licenses or have such	102135
qualifications and approval as the superintendent of public	102136
instruction, after consulting with the officers in charge of the	102137
institutions, prescribes for the various types of service in the	102138
institutions.	102139

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	102140
correctional institution" has the same meaning as in section	102141
2967.01 of the Revised Code.	102142

(B) The department of ~~alcohol and drug addiction services~~	102143
mental health and addiction services shall develop a program that	102144
is designed to educate and train the employees of each state	102145
correctional institution, the employees of each department of	102146
youth services institution, and other persons associated by	102147
contract or otherwise with each state correctional institution or	102148
each department of youth services institution, who will be	102149
responsible for the conduct of, or otherwise providing treatment	102150
or rehabilitation services pursuant to, a substance abuse	102151
treatment or rehabilitation program offered in the institution to	102152
adult prisoners or juvenile offenders. Upon the development of the	102153
educational and training program, the department of ~~alcohol and~~	102154
~~drug addiction services~~mental health and addiction services	102155
promptly shall commence its implementation. The department of	102156
~~alcohol and drug addiction services~~mental health and addiction	102157
services may charge to the department of rehabilitation and	102158
correction and to the department of youth services a reasonable	102159
annual fee that reflects the expenses incurred by it during the	102160
immediately preceding calendar year in preparing and offering the	102161
educational and training program during that year to the	102162
respective employees and other associated persons described in	102163
this division.	102164

The director of rehabilitation and correction and the	102165
director of youth services shall require the respective employees	102166
and other associated persons described in this division to attend	102167
and successfully complete the educational and training program	102168
developed pursuant to this division as a condition of their	102169
continuing to have responsibility for the conduct of, or their	102170
continuing to provide treatment or rehabilitation services	102171
pursuant to, any treatment or rehabilitation program that is	102172
offered in a state correctional institution or in a department of	102173
youth services institution to adult prisoners or juvenile	102174
offenders. If the department of ~~alcohol and drug addiction~~	102175
~~services~~mental health and addiction services charges a reasonable	102176
annual fee as described in this division, the director involved	102177
shall cause that fee to be paid from any available funds of the	102178
department of rehabilitation and correction or any available funds	102179
of the department of youth services.	102180

(C) The department of rehabilitation and correction and the	102181
department of ~~alcohol and drug addiction services~~mental health	102182
and addiction services jointly shall develop program	102183
specifications for the alcohol and drug addiction treatment	102184
programs offered in state correctional institutions.	102185

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	102186
~~addiction services~~mental health and addiction services may	102187
acquire by purchase, lease, or otherwise such real and personal	102188
property rights in the name of the state as are necessary for the	102189
purposes of the department. ~~The~~	102190

(B) When it is necessary for a state institution under the	102191
jurisdiction of the department to acquire any real estate,	102192
right-of-way, or easement in real estate in order to accomplish	102193
the purposes for which it was organized or is being conducted, and	102194
the department is unable to agree with the owner of such property	102195
upon the price to be paid for the property, such property may be	102196
appropriated in the manner provided for the appropriation of	102197
property for other state purposes.	102198

(C) The director~~, with the approval of the governor and the~~	102199
~~attorney general,~~ may work with the department of administrative	102200
services to sell, lease, or exchange portions of real and personal	102201
property of the department when the sale, lease, or exchange is	102202
advantageous to the state. Money received from such sales, leases,	102203
or exchanges shall be credited to the ~~general revenue~~the	102204
department of mental health and addiction services trust fund,	102205
created in section 5119.46 of the Revised Code.	102206

(D) Any instrument by which real property is acquired	102207
pursuant to this section shall identify the agency of the state	102208
that has the use and benefit of the real property as specified in	102209
section 5301.012 of the Revised Code.	102210

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	102211
mental health and addiction services shall:	102212

~~(A)~~(1) To the extent the department has available resources	102213
and in consultation with boards of alcohol, drug addiction, and	102214
mental health services, support a ~~community support system~~	102215
continuum of care in accordance with ~~section 340.03~~Chapter 340.	102216
of the Revised Code on a district or multi-district basis. The	102217
department shall define the essential elements of a ~~community~~	102218
~~support system~~continuum of care, shall assist in identifying	102219
resources, and may prioritize support for one or more of the	102220
elements.	102221

~~(B) Operate inpatient and other mental health services;~~

102222

~~(C)~~(2) Provide training, consultation, and technical	102223
assistance regarding mental health ~~programs~~ and addiction services	102224
and appropriate prevention, recovery, and mental health promotion	102225
activities, including those that are culturally ~~sensitive~~	102226
competent, to employees of the department, community mental health	102227
~~agencies~~ and addiction services providers, boards of alcohol, drug	102228
addiction, and mental health services, and other agencies	102229
providing mental health and addiction services;	102230

~~(D)~~(3) To the extent the department has available resources,	102231
promote and support a full range of mental health and addiction	102232
services that are available and accessible to all residents of	102233
this state, especially for severely mentally disabled children,	102234
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	102235
custodians of children at risk of abuse or neglect, and other	102236
special target populations, including racial and ethnic	102237
minorities, as determined by the department;	102238

~~(E)~~(4) Develop standards and measures for evaluating the	102239
effectiveness of mental health and addiction services, including	102240
services that use methadone treatment, of gambling addiction	102241
services, and for increasing the accountability of mental health	102242
and alcohol and addiction services providers and of gambling	102243
addiction services providers;	102244

(5) Design and set criteria for the determination of ~~severe~~	102245
~~mental disability~~priority populations;	102246

~~(F) Establish standards for evaluation of mental health~~	102247
~~programs;~~	102248

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	102249
research, taking ethnic and racial differences into consideration,	102250
concerning the causes and prevention of mental illness and	102251
addiction, methods of providing effective services and treatment,	102252
and means of enhancing the mental health of and recovery from	102253
addiction of all residents of this state;	102254

~~(H)~~(7) Foster the establishment and availability of	102255
vocational rehabilitation services and the creation of employment	102256
opportunities for consumers of mental health and addiction	102257
services, including members of racial and ethnic minorities;	102258

~~(I)~~(8) Establish a program to protect and promote the rights	102259
of persons receiving mental health and addiction services,	102260
including the issuance of guidelines on informed consent and other	102261
rights;	102262

~~(J) Establish, in consultation with board of alcohol, drug~~	102263
~~addiction, and mental health services representatives and after~~	102264
~~consideration of the recommendations of the medical director,~~	102265
~~guidelines for the development of community mental health plans~~	102266
~~and the review and approval or disapproval of such plans submitted~~	102267
~~pursuant to section 340.03 of the Revised Code;~~	102268

~~(K)~~(9) Promote the involvement of persons who are receiving	102269
or have received mental health or addiction services, including	102270
families and other persons having a close relationship to a person	102271
receiving ~~mental health~~those services, in the planning,	102272
evaluation, delivery, and operation of mental health and addiction	102273
services;	102274

~~(L)~~(10) Notify and consult with the relevant constituencies	102275
that may be affected by rules, standards, and guidelines issued by	102276
the department of ~~mental health~~mental health and addiction	102277
services. These constituencies shall include consumers of mental	102278
health and addiction services and their families, and may include	102279
public and private providers, employee organizations, and others	102280
when appropriate. Whenever the department proposes the adoption,	102281
amendment, or rescission of rules under Chapter 119. of the	102282
Revised Code, the notification and consultation required by this	102283
division shall occur prior to the commencement of proceedings	102284
under Chapter 119. The department shall adopt rules under Chapter	102285
119. of the Revised Code that establish procedures for the	102286
notification and consultation required by this division.	102287

~~(M) In cooperation with board of alcohol, drug addiction, and~~	102288
~~mental health services representatives, provide training regarding~~	102289
~~the provision of community-based mental health services to those~~	102290
~~department employees who are utilized in state-operated,~~	102291
~~community-based mental health services;~~	102292

~~(N)~~(11) Provide consultation to the department of	102293
rehabilitation and correction concerning the delivery of mental	102294
health and addiction services in state correctional institutions.	102295

(12) Promote and coordinate efforts in the provision of	102296
alcohol and drug addiction services and of gambling addiction	102297
services by other state agencies, as defined in section 1.60 of	102298
the Revised Code; courts; hospitals; clinics; physicians in	102299
private practice; public health authorities; boards of alcohol,	102300
drug addiction, and mental health services; alcohol and drug	102301
addiction services providers; law enforcement agencies; gambling	102302
addiction services providers; and related groups;	102303

(13) Provide to each court of record, and biennially update,	102304
a list of the treatment and education programs within that court's	102305
jurisdiction that the court may require an offender, sentenced	102306
pursuant to section 4511.19 of the Revised Code, to attend;	102307

(14) Make the warning sign described in sections 3313.752,	102308
3345.41, and 3707.50 of the Revised Code available on the	102309
department's internet web site;	102310

(15) Provide a program of gambling addiction services on	102311
behalf of the state lottery commission, pursuant to an agreement	102312
entered into with the director of the commission under division	102313
(K) of section 3770.02 of the Revised Code, and provide a program	102314
of gambling addiction services on behalf of the Ohio casino	102315
control commission, under an agreement entered into with the	102316
executive director of the commission under section 3772.062 of the	102317
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	102318
Constitution, the department may enter into agreements with boards	102319
of alcohol, drug addiction, and mental health services, including	102320
boards with districts in which a casino facility is not located,	102321
and nonprofit organizations to provide gambling addiction services	102322
and substance abuse services, and with state institutions of	102323
higher education or private nonprofit institutions that possess a	102324
certificate of authorization issued under Chapter 1713. of the	102325
Revised Code to perform related research.	102326

(B) The department may accept and administer grants from	102327
public or private sources for carrying out any of the duties	102328
enumerated in this section.	102329

(C) Pursuant to Chapter 119. of the Revised Code, the	102330
department shall adopt a rule defining the term "intervention" as	102331
it is used in this chapter in connection with alcohol and drug	102332
addiction services and in connection with gambling addiction	102333
services. The department may adopt other rules as necessary to	102334
implement the requirements of this chapter.	102335

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	102336
~~refers to a board of alcohol, drug addiction, and mental health~~	102337
~~services also refers to the community mental health board in an~~	102338
~~alcohol, drug addiction, and mental health service district that~~	102339
~~has a community mental health board.~~	102340

The director of ~~mental health~~mental health and addiction	102341
services with respect to all mental health and addiction	102342
facilities and ~~programs~~services established and operated or	102343
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	102344
~~and emotionally disturbed persons~~, shall do all of the following:	102345

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	102346
that may be necessary to carry out the purposes of ~~Chapter~~this	102347
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	102348
the Revised Code.	102349

~~(1) The rules shall include the following:~~

102350

~~(a) Rules governing a community mental health agency's~~	102351
~~services under section 340.091 of the Revised Code to an~~	102352
~~individual referred to the agency under division (D)(2) of section~~	102353
~~5119.69 of the Revised Code;~~	102354

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	102355
~~the Revised Code, rules governing the duties of mental health~~	102356
~~agencies and boards of alcohol, drug addiction, and mental health~~	102357
~~services regarding referrals of individuals with mental illness or~~	102358
~~severe mental disability to residential facilities as defined in~~	102359
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	102360
~~effective arrangements for ongoing mental health services for the~~	102361
~~individuals. .~~	102362

~~(2) Rules may be adopted to govern the method of paying a~~	102363
~~community mental health facility, as defined in section 5111.023~~	102364
~~of the Revised Code, for providing services listed in division (B)~~	102365
~~of that section. Such rules must be consistent with the contract~~	102366
~~entered into between the departments of job and family services~~	102367
~~and mental health under section 5111.91 of the Revised Code and~~	102368
~~include requirements ensuring appropriate service utilization.~~	102369

(B) Review and evaluate~~, and~~the continuum of care in each	102370
service district, taking into account the findings and	102371
recommendations of the board of alcohol, drug addiction, and	102372
mental health services of the district ~~served by the program~~	102373
submitted under division (A)(4) of section 340.03 of the Revised	102374
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	102375
~~mental health plan~~department, including the needs of residents of	102376
the district ~~now residing in state mental institutions~~currently	102377
receiving services in state-operated hospitals, and make	102378
recommendations for needed improvements to boards of alcohol, drug	102379
addiction, and mental health services;	102380

(C) ~~Provide consultative services to community mental health~~	102381
~~agencies with the knowledge and cooperation of the board of~~	102382
~~alcohol, drug addiction, and mental health services;~~	102383

~~(D)~~ At the director's discretion, provide to boards of	102384
alcohol, drug addiction, and mental health services state or	102385
federal funds, in addition to those allocated under section	102386
~~5119.62~~5119.23 of the Revised Code, for special programs or	102387
projects the director considers necessary but for which local	102388
funds are not available;	102389

(D) Establish, in consultation with board of alcohol, drug	102390
addiction, and mental health service representatives and after	102391
consideration of the recommendations of the medical director,	102392
guidelines for the development of community mental health and	102393
addiction services plans and the review and approval or	102394
disapproval of such plans submitted pursuant to section 340.03 of	102395
the Revised Code.	102396

(E) Establish criteria by which a board of alcohol, drug	102397
addiction, and mental health services reviews and evaluates the	102398
quality, effectiveness, and efficiency of its contracted services	102399
~~provided through its community mental health plan~~. The criteria	102400
shall include requirements ensuring appropriate service	102401
utilization. The department shall assess a board's evaluation of	102402
services and the compliance of each board with this section,	102403
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	102404
state or federal law and regulations. The department, in	102405
cooperation with the board, periodically shall review and evaluate	102406
the quality, effectiveness, and efficiency of services provided	102407
through each board. The department shall collect information that	102408
is necessary to perform these functions.	102409

(F) To the extent the director determines necessary and after	102410
consulting with boards of alcohol, drug addiction, and mental	102411
health services, develop and operate, or contract for the	102412
operation of, a community ~~mental~~behavioral health information	102413
system or systems. The department shall specify the information	102414
that must be provided by boards of alcohol, drug addiction, and	102415
mental health services and by community addiction and mental	102416
health services providers for inclusion in the system or systems.	102417

Boards of alcohol, drug addiction, and mental health services	102418
and community addiction and mental health services providers shall	102419
submit information requested by the department in the form and	102420
manner and in accordance with time frames prescribed by the	102421
department. Information collected by the department ~~shall~~may	102422
include~~, but not be limited to,~~ all of the following:	102423

(1) Information ~~regarding units of~~on services provided in	102424
~~whole or in part under contract with a board, including diagnosis~~	102425
~~and special needs, demographic information, the number of units of~~	102426
~~service provided, past treatment, financial status, and service~~	102427
~~dates in accordance with rules adopted by the department in~~	102428
~~accordance with Chapter 119. of the Revised Code~~;	102429

(2) Financial information ~~other than price or price-related~~	102430
~~data~~ regarding expenditures of ~~boards and community mental health~~	102431
~~agencies, including units of service provided, budgeted and actual~~	102432
~~expenses by type, and sources of~~federal, state, or local funds;	102433

(3) Information about persons served.

102434

~~Boards shall submit the information specified in division~~	102435
~~(F)(1) of this section no less frequently than annually for each~~	102436
~~client, and each time the client's case is opened or closed.~~ The	102437
department shall not collect any personal information from the	102438
boards except as required or permitted by state or federal law for	102439
purposes related to payment, health care operations, program and	102440
service evaluation, reporting activities, research, system	102441
administration, and oversight.	102442

(G)(1) Review each board's community mental health and	102443
addiction services plan, budget, and statement of services to be	102444
made available submitted pursuant to ~~section~~sections 340.03 and	102445
340.08 of the Revised Code and approve or disapprove itthe plan,	102446
the budget, and the statement of services in whole or in part.	102447
~~Periodically, in consultation with representatives of boards and~~	102448
~~after considering the recommendations of the medical director, the~~	102449
~~director shall issue criteria for determining when a plan is~~	102450
~~complete, criteria for plan approval or disapproval, and~~	102451
~~provisions for conditional approval. The factors that the director~~	102452
~~considers may include, but are not limited to, the following:~~	102453

~~(1) The mental health needs of all persons residing within~~	102454
~~the board's service district, especially severely mentally~~	102455
~~disabled children, adolescents, and adults;~~	102456

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	102457
~~cultural relevance of the services provided in each service~~	102458
~~district, the extent to which any services are duplicative of~~	102459
~~other available services, and whether the services meet the needs~~	102460
~~identified above;~~	102461

~~(3) The adequacy of the board's accounting for the~~	102462
~~expenditure of funds.~~	102463

~~If the director disapproves all or part of any plan, the~~	102464
~~director shall provide the board an opportunity to present its~~	102465
~~position. The director shall inform the board of the reasons for~~	102466
~~the disapproval and of the criteria that must be met before the~~	102467
~~plan may be approved. The director shall give the board a~~	102468
~~reasonable time within which to meet the criteria, and shall offer~~	102469
~~technical assistance to the board to help it meet the criteria.~~	102470

~~If the approval of a plan remains in dispute, the board or~~	102471
~~the director may request that the dispute be submitted to a~~	102472
~~mutually agreed upon third-party mediator with the cost to be~~	102473
~~shared by the board and the department. The mediator shall issue~~	102474
~~to the board and the department recommendations for resolution of~~	102475
~~the dispute. The director, taking into consideration the~~	102476
~~recommendations of the mediator, shall make a final determination~~	102477
~~and approve or disapprove the plan, in whole or in part~~The	102478
department may withhold all or part of the funds allocated to a	102479
board if it disapproves all or part of a plan, budget, or	102480
statement of services. Prior to a final decision to disapprove a	102481
plan, budget, or statement of services, or to withhold funds from	102482
a board, a representative of the director of mental health and	102483
addiction services shall meet with the board and discuss the	102484
reason for the action the department proposes to take and any	102485
corrective action that should be taken to make the plan, budget,	102486
or statement of services acceptable to the department. In	102487
addition, the department shall offer technical assistance to the	102488
board to assist it to make the plan, budget, or statement of	102489
services acceptable. The department shall give the board a	102490
reasonable time in which to revise the plan, budget, or statement	102491
of services. The board thereafter shall submit a revised plan,	102492
budget, or statement of services, or a new plan, budget, or	102493
statement of services.	102494

(2) If a board determines that it is necessary to amend the	102495
plan, budget, or statement of services that has been approved	102496
under this section, the board shall submit the proposed amendment	102497
to the department. The department may approve or disapprove all or	102498
part of the amendment.	102499

(3) If the director disapproves of all or part of any	102500
proposed amendment, the director shall provide the board an	102501
opportunity to present its position. The director shall inform the	102502
board of the reasons for the disapproval and of the criteria that	102503
must be met before the proposed amendment may be approved. The	102504
director shall give the board a reasonable time within which to	102505
meet the criteria and shall offer technical assistance to the	102506
board to help it meet the criteria.	102507

(4) The department shall establish procedures for the review	102508
of plans, budgets, and statements of services, and a timetable for	102509
submission and review of plans, budgets, and statements of	102510
services and for corrective action and submission of new or	102511
revised plans, budgets, and statements of services.	102512

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	102513
mental health and addiction services shall establish a methodology	102514
for allocating to boards of alcohol, drug addiction, and mental	102515
health services the funds appropriated by the general assembly to	102516
the department for the purpose of local mental health ~~systems~~and	102517
addiction services continuums of care. The department shall	102518
establish the methodology after notifying and consulting with	102519
relevant constituencies as required by division ~~(L)~~(A)(10) of	102520
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	102521
provide for the funds to be allocated to boards on a district or	102522
multi-district basis. ~~Subject~~	102523

(B) Subject to ~~sections 5119.622 and 5119.623~~section	102524
5119.25 of the Revised Code, and to required submissions and	102525
approvals under section 340.08 of the Revised Code, the department	102526
shall allocate the funds to the boards in a manner consistent with	102527
the methodology, this section, other state and federal laws,	102528
rules, and regulations.	102529

~~(B) The department may allocate to boards a portion of the~~	102530
~~funds appropriated by the general assembly to the department for~~	102531
~~the operation of state hospital services. If the department~~	102532
~~allocates the funds, the department shall do all of the following:~~	102533

~~(1) In consultation with the boards:~~

102534

~~(a) Annually determine the unit costs of providing state~~	102535
~~hospital services; and~~	102536

~~(b) Establish the methodology for allocating the funds to the~~	102537
~~boards.~~	102538

~~(2) Determine the type of unit costs of providing state~~	102539
~~hospital services to be included as a factor in the methodology~~	102540
~~and include that unit cost as a factor in the methodology;~~	102541

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	102542
~~Code, allocate the funds to the boards in a manner consistent with~~	102543
~~the methodology, this section, other state and federal laws,~~	102544
~~rules, and regulations.~~	102545

~~(c) Not later than the first day of April of each year, the~~	102546
~~department shall notify each board of the department's estimate of~~	102547
~~the amount of funds to be allocated to the board under this~~	102548
~~section during the fiscal year beginning on the next July first.~~	102549
~~If the department makes an allocation under division (B) of this~~	102550
~~section, the department shall also notify each board of the unit~~	102551
~~costs of providing state hospital services for the upcoming fiscal~~	102552
~~year as determined under that division. Not later than the first~~	102553
~~day of May of each year, each board shall notify the department as~~	102554
~~to which of the following options it has elected for the upcoming~~	102555
~~fiscal year:~~	102556

~~(1) The board elects to accept distribution of the amount~~	102557
~~allocated to it under this section. Funds distributed to each~~	102558
~~board shall be used to supplement and not to supplant other state,~~	102559
~~local, or federal funds that are being used to support~~	102560
~~community-based programs for severely mentally disabled children,~~	102561
~~adolescents, and adults, unless the funds have been specifically~~	102562
~~designated for the initiation of programs in accordance with the~~	102563
~~community mental health plan developed and submitted under section~~	102564
~~340.03 and approved under section 5119.61 of the Revised Code.~~	102565
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	102566
~~expend unexpended funds distributed to the board from~~	102567
~~appropriations for the purpose of local management of mental~~	102568
~~health services in the fiscal year following the fiscal year for~~	102569
~~which the appropriations are made, in accordance with the approved~~	102570
~~community mental health plan.~~	102571

~~(2) Subject to division (D) of this section, the board elects~~	102572
~~not to accept the amount allocated to it under this section,~~	102573
~~authorizes the department to determine the use of its allocation,~~	102574
~~and agrees to provide the department with a statement of projected~~	102575
~~utilization of state hospitals and other state-operated services~~	102576
~~by residents of its service district during the fiscal year.~~	102577

~~(D) No board shall elect the option in division (C)(2) of~~	102578
~~this section unless all of the following apply:~~	102579

~~(1) Either the total funds estimated by the department to be~~	102580
~~allocated to the board under this section for the next fiscal year~~	102581
~~are reduced by a substantial amount, as defined in guidelines~~	102582
~~adopted by the director of mental health under division (E) of~~	102583
~~this section, in comparison to the amount allocated for the~~	102584
~~current fiscal year, for reasons not related to performance or the~~	102585
~~board has experienced other circumstances specified in the~~	102586
~~guidelines.~~	102587

~~(2) The board provides the department written confirmation~~	102588
~~that the board has received input about the impact that the~~	102589
~~board's election will have on the mental health system in the~~	102590
~~board's district from all of the following:~~	102591

~~(a) Individuals who receive mental health services and such~~	102592
~~individuals' families;~~	102593

~~(b) Boards of county commissioners;~~

102594

~~(c) Judges of juvenile and probate courts;~~

102595

~~(d) County sheriffs, jail administrators, and other local law~~	102596
~~enforcement officials.~~	102597

~~(3) Not later than seven days before notifying the department~~	102598
~~of its election and after providing the department the written~~	102599
~~confirmation required by division (D)(2) of this section, the~~	102600
~~board conducts a public hearing on the issue.~~	102601

~~(E) For the purpose of division (D)(1) of this section, the~~	102602
~~director of mental health shall consult with the boards and other~~	102603
~~relevant constituencies to develop guidelines for determining what~~	102604
~~constitutes a substantial reduction of funds and what other~~	102605
~~circumstances qualify a board to elect the option in division~~	102606
~~(C)(2) of this section.~~	102607

~~(F) No board shall use state funds for the purpose of~~	102608
~~discouraging employees from seeking collective bargaining~~	102609
~~representation or encouraging employees to decertify a recognized~~	102610
~~collective bargaining agent.~~	102611

~~(G) The department shall charge against the allocation made~~	102612
~~to a board under division (B) of this section, if any, any~~	102613
~~unreimbursed costs for services provided by the department.~~	102614

~~(H) A board's use of funds allocated under this section is~~	102615
~~subject to audit by county, state, and federal authorities.~~	102616

(C) In consultation with boards, community mental health and	102617
addiction services providers, and persons receiving services, the	102618
department shall establish guidelines for the use of funds	102619
allocated and distributed under this section.	102620

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	102621
"administrative function" means a function related to one or more	102622
of the following:	102623

(1) Continuous quality improvement;

102624

(2) Utilization review;

102625

(3) Resource development;

102626

(4) Fiscal administration;

102627

(5) General administration;

102628

(6) Any other function related to administration that is	102629
required by Chapter 340. of the Revised Code.	102630

(B) Each board of alcohol, drug addiction, and mental health	102631
services shall submit an annual report to the department of ~~mental~~	102632
~~health~~mental health and addiction services specifying how the	102633
board used funds allocated to the board under section ~~5119.62~~	102634
5119.23 of the Revised Code for administrative functions in the	102635
year preceding the report's submission. The director of ~~mental~~	102636
~~health~~mental health and addiction services shall establish the	102637
date by which the report must be submitted each year.	102638

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	102639
mental health and addiction services, in whole or in part, may	102640
withhold funds otherwise to be allocated to a board of alcohol,	102641
drug addiction, and mental health services under section ~~5119.62~~	102642
5119.23 of the Revised Code if the board fails to comply with	102643
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	102644
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	102645
of the department of ~~mental health regarding a community mental~~	102646
~~health service~~mental health and addiction services. ~~The~~	102647

(B) The director of mental health and addiction services may	102648
withhold funds otherwise to be allocated to a board of alcohol,	102649
drug addiction, and mental health services under section 5119.23	102650
of the Revised Code if the board denies available service on the	102651
basis of race, color, religion, creed, sex, age, national origin,	102652
disability as defined in section 4112.01 of the Revised Code, or	102653
developmental disability.	102654

(C) The director shall ~~identify~~issue a notice identifying	102655
the areas of noncompliance and the action necessary to achieve	102656
compliance. The director ~~shall~~may offer technical assistance to	102657
the board to achieve compliance. The ~~director shall give the~~ board	102658
~~a reasonable time within which to comply or~~shall have ten days	102659
from receipt of the notice of noncompliance to present its	102660
position that it is in compliance. Before withholding funds, the	102661
director or the director's designee shall hold a hearing ~~shall be~~	102662
~~conducted~~within ten days of receipt of the board's position to	102663
determine if there are continuing violations and that either	102664
assistance is rejected or the board is unable to achieve	102665
compliance. Subsequent to the hearing process, if it is determined	102666
that compliance has not been achieved, the director may allocate	102667
all or part of the withheld funds to a public or private agency to	102668
provide the community mental health or community addiction service	102669
for which the board is not in compliance until the time that there	102670
is compliance. The director ~~shall~~may adopt rules in accordance	102671
with Chapter 119. of the Revised Code to implement this section.	102672

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	102673
or rules adopted under it shall retain ~~his~~the person's civil	102674
rights and liberties, including the right not to be experimented	102675
upon with treatment not accepted as good medical practice without	102676
~~his~~the person's fully informed consent, the right as a ~~patient~~	102677
person receiving services to maintain the confidentiality of	102678
health and medical records, the right as a person detained for	102679
medical purposes to receive adequate and appropriate treatment,	102680
and the right to vote.	102681

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	102682
court journal entries or court docket entries, pertaining to the	102683
identity, diagnosis, or treatment of any ~~patient~~person seeking or	102684
receiving services that are maintained in connection with the	102685
performance of any drug treatment program or services licensed by,	102686
or certified by, the director of ~~alcohol and drug addiction~~	102687
~~services,~~mental health and addiction services under ~~section~~	102688
~~3793.11 of the Revised Code,~~this chapter shall be kept	102689
confidential, may be disclosed only for the purposes and under the	102690
circumstances expressly authorized under this section, and may not	102691
otherwise be divulged in any civil, criminal, administrative, or	102692
legislative proceeding.	102693

(B) When the ~~patient~~person, with respect to whom any record	102694
or information referred to in division (A) of this section is	102695
maintained, gives consent in the form of a written release signed	102696
by the ~~patient~~person, the content of the record or information	102697
may be disclosed if the written release conforms to all of the	102698
following:	102699

(1) Specifically identifies the person, official, or entity	102700
to whom the information is to be provided;	102701

(2) Describes with reasonable specificity the record,	102702
records, or information to be disclosed; and	102703

(3) Describes with reasonable specificity the purposes of the	102704
disclosure and the intended use of the disclosed information.	102705

(C) A ~~patient~~person who is subject to a community control	102706
sanction, parole, or a post-release control sanction or who is	102707
ordered to rehabilitation in lieu of conviction, and who has	102708
agreed to participate in a drug treatment or rehabilitation	102709
program as a condition of the community control sanction,	102710
post-release control sanction, parole, or order to rehabilitation,	102711
shall be considered to have consented to the release of records	102712
and information relating to the progress of treatment, frequency	102713
of treatment, adherence to treatment requirements, and probable	102714
outcome of treatment. Release of information and records under	102715
this division shall be limited to the court or governmental	102716
personnel having the responsibility for supervising the ~~patient's~~	102717
person's community control sanction, post-release control	102718
sanction, parole, or order to rehabilitation. A ~~patient~~person,	102719
described in this division, who refuses to allow disclosure may be	102720
considered in violation of the conditions of the ~~patient's~~	102721
person's community control sanction, post-release control	102722
sanction, parole, or order to rehabilitation.	102723

(D) Disclosure of a ~~patient's~~person's record may be made	102724
without the ~~patient's~~person's consent to qualified personnel for	102725
the purpose of conducting scientific research, management,	102726
financial audits, or program evaluation, but these personnel may	102727
not identify, directly or indirectly, any individual ~~patient~~	102728
person in any report of the research, audit, or evaluation, or	102729
otherwise disclose a ~~patient's~~person's identity in any manner.	102730

(E) Upon the request of a prosecuting attorney or the	102731
director of ~~alcohol and drug addiction services~~mental health and	102732
addiction services, a court of competent jurisdiction may order	102733
the disclosure of records or information referred to in division	102734
(A) of this section if the court has reason to believe that a	102735
treatment program or facility is being operated or used in a	102736
manner contrary to law. The use of any information or record so	102737
disclosed shall be limited to the prosecution of persons who are	102738
or may be charged with any offense related to the illegal	102739
operation or use of the drug treatment program or facility, or to	102740
the decision to withdraw the authority of a drug treatment program	102741
or facility to continue operation. For purposes of this division	102742
the court shall:	102743

(1) Limit disclosure to those parts of the ~~patient's~~person's	102744
record considered essential to fulfill the objective for which the	102745
order was granted;	102746

(2) Require, where appropriate, that all information be	102747
disclosed in chambers;	102748

(3) Include any other appropriate measures to keep disclosure	102749
to a minimum, consistent with the protection of the ~~patients~~	102750
persons seeking or receiving services, the physician-patient	102751
relationship, and the administration of the drug treatment and	102752
rehabilitation program.	102753

(F) As used in this section:

102754

(1) "Community control sanction" has the same meaning as in	102755
section 2929.01 of the Revised Code.	102756

(2) "Post-release control sanction" has the same meaning as	102757
in section 2967.01 of the Revised Code.	102758

Sec. 5119.28. (A) All records, and reports, other than court	102759
journal entries or court docket entries, identifying a person and	102760
pertaining to the person's mental health condition, assessment,	102761
provision of care or treatment, or payment for assessment, care or	102762
treatment that are maintained in connection with any services	102763
certified by the department of mental health and addiction	102764
services, or any hospitals or facilities licensed or operated by	102765
the department, shall be kept confidential and shall not be	102766
disclosed by any person except:	102767

(1) If the person identified, or the person's legal guardian,	102768
if any, or if the person is a minor, the person's parent or legal	102769
guardian, consents;	102770

(2) When disclosure is provided for in this chapter or	102771
Chapter 340. or 5122., or Title XLVII of the Revised Code;	102772

(3) That hospitals, boards of alcohol, drug addiction, and	102773
mental health services, licensed facilities, and community mental	102774
health services providers may release necessary information to	102775
insurers and other third-party payers, including government	102776
entities responsible for processing and authorizing payment, to	102777
obtain payment for goods and services furnished to the person;	102778

(4) Pursuant to a court order signed by a judge;

102779

(5) That a person shall be granted access to the person's own	102780
psychiatric and medical records, unless access specifically is	102781
restricted in a person's treatment plan for clear treatment	102782
reasons;	102783

(6) That the department of mental health and addiction	102784
services may exchange psychiatric records and other pertinent	102785
information with community mental health services providers and	102786
boards of alcohol, drug addiction, and mental health services	102787
relating to the person's care or services. Records and information	102788
that may be exchanged pursuant to this division shall be limited	102789
to medication history, physical health status and history,	102790
financial status, summary of course of treatment, summary of	102791
treatment needs, and a discharge summary, if any.	102792

(7) That the department of mental health and addiction	102793
services, hospitals and community providers operated by the	102794
department, hospitals licensed by the department under section	102795
5119.33 of the Revised Code, and community mental health services	102796
providers may exchange psychiatric records and other pertinent	102797
information with payers and other providers of treatment and	102798
health services if the purpose of the exchange is to facilitate	102799
continuity of care for the person or for the emergency treatment	102800
of the person;	102801

(8) That the department of mental health and addiction	102802
services and community mental health services providers may	102803
exchange psychiatric records and other pertinent information with	102804
boards of alcohol, drug addiction, and mental health services for	102805
purposes of any board function set forth in Chapter 340. of the	102806
Revised Code. Boards of alcohol, drug addiction, and mental health	102807
services shall not access any personal information from the	102808
department or providers except as required or permitted by this	102809
section, or Chapter 340. or 5122. of the Revised Code for purposes	102810
related to payment, care coordination, health care operations,	102811
program and service evaluation, reporting activities, research,	102812
system administration, oversight, or other authorized purposes.	102813

(9) That a person's family member who is involved in the	102814
provision, planning, and monitoring of services to the person may	102815
receive medication information, a summary of the person's	102816
diagnosis and prognosis, and a list of the services and personnel	102817
available to assist the person and the person's family, if the	102818
person's treatment provider determines that the disclosure would	102819
be in the best interests of the person. No such disclosure shall	102820
be made unless the person is notified first and receives the	102821
information and does not object to the disclosure.	102822

(10) That community mental health services providers may	102823
exchange psychiatric records and certain other information with	102824
the board of alcohol, drug addiction, and mental health services	102825
and other providers in order to provide services to a person	102826
involuntarily committed to a board. Release of records under this	102827
division shall be limited to medication history, physical health	102828
status and history, financial status, summary of course of	102829
treatment, summary of treatment needs, and discharge summary, if	102830
any.	102831

(11) That information may be disclosed to the executor or the	102832
administrator of an estate of a deceased person when the	102833
information is necessary to administer the estate;	102834

(12) That information may be disclosed to staff members of	102835
the appropriate board or to staff members designated by the	102836
director of mental health and addiction services for the purpose	102837
of evaluating the quality, effectiveness, and efficiency of	102838
services and determining if the services meet minimum standards.	102839
Information obtained during such evaluations shall not be retained	102840
with the name of any person.	102841

(13) That records pertaining to the person's diagnosis,	102842
course of treatment, treatment needs, and prognosis shall be	102843
disclosed and released to the appropriate prosecuting attorney if	102844
the person was committed pursuant to section 2945.38, 2945.39,	102845
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	102846
attorney designated by the board for proceedings pursuant to	102847
involuntary commitment under Chapter 5122. of the Revised Code.	102848

(14) That the department of mental health and addiction	102849
services may exchange psychiatric hospitalization records, other	102850
mental health treatment records, and other pertinent information	102851
with the department of rehabilitation and correction and with the	102852
department of youth services to ensure continuity of care for	102853
inmates and offenders who are receiving mental health services in	102854
an institution of the department of rehabilitation and correction	102855
or the department of youth services and may exchange psychiatric	102856
hospitalization records, other mental health treatment records,	102857
and other pertinent information with boards of alcohol, drug	102858
addiction, and mental health services and community mental health	102859
services providers to ensure continuity of care for inmates or	102860
offenders who are receiving mental health services in an	102861
institution and are scheduled for release within six months. The	102862
release of records under this division is limited to records	102863
regarding an inmate's or offender's medication history, physical	102864
health status and history, summary of course of treatment, summary	102865
of treatment needs, and a discharge summary, if any.	102866

(15) That a community mental health services provider that	102867
ceases to operate may transfer to either a community mental health	102868
services provider that assumes its caseload or to the board of	102869
alcohol, drug addiction, and mental health services of the service	102870
district in which the person resided at the time services were	102871
most recently provided any treatment records that have not been	102872
transferred elsewhere at the person's request.	102873

(B) Before records are disclosed pursuant to divisions	102874
(A)(3), (6), and (10) of this section, the custodian of the	102875
records shall attempt to obtain the person's consent for the	102876
disclosure.	102877

(C) No person shall reveal the content of a medical record of	102878
a person that is confidential pursuant to this section, except as	102879
authorized by law.	102880

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	102881
department of ~~mental health~~mental health and addiction services,	102882
in conjunction with boards of alcohol, drug addiction, and mental	102883
health services and community mental health boards, shall develop	102884
a coordinated system for tracking and monitoring persons found not	102885
guilty by reason of insanity and committed pursuant to section	102886
2945.40 of the Revised Code who have been granted a conditional	102887
release and persons found incompetent to stand trial and committed	102888
pursuant to section 2945.39 of the Revised Code who have been	102889
granted a conditional release. The system shall do all of the	102890
following:	102891

(A) Centralize responsibility for the tracking of those	102892
persons;	102893

(B) Develop uniformity in monitoring those persons;

102894

(C) Develop a mechanism to allow prompt rehospitalization,	102895
reinstitutionalization, or detention when a violation of the	102896
conditional release or decompensation occurs.	102897

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	102898
~~addiction services~~mental health and addiction services promptly	102899
shall develop and maintain a program that continually provides the	102900
courts of this state with relevant information pertaining to	102901
~~alcohol and drug~~ addiction services and programs available both	102902
within their jurisdictions and statewide in order to facilitate	102903
the ability of the courts to utilize treatment and rehabilitation	102904
alternatives in addition to or in lieu of imposing sentences of	102905
imprisonment upon appropriate offenders.	102906

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	102907
health and addiction services may examine into, with or without	102908
expert assistance, the question of the mental and physical	102909
condition of any person committed to or involuntarily confined in	102910
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	102911
any place within this state by reason of alleged mental illness	102912
and may order and compel the discharge of any such person who is	102913
not a mentally ill person subject to hospitalization by court	102914
order as defined in division (B) of section 5122.01 of the Revised	102915
Code and direct what disposition shall be made of ~~him~~the person.	102916
The order of discharge shall be signed by the director of ~~mental~~	102917
~~health~~mental health and addiction services. Upon receipt of such	102918
order by the superintendent or other person in charge of the	102919
building in which the person named in such order is confined, such	102920
person shall forthwith be discharged or otherwise disposed of	102921
according to the terms of said order, and any further or other	102922
detention of such person is unlawful. No such order shall be made	102923
in favor of any person committed and held for trial on a criminal	102924
charge, in confinement by an order of a judge or court made in a	102925
criminal proceeding, or in any case unless notice is given to the	102926
superintendent or other person having charge of the building in	102927
which the alleged mentally ill person is detained, and a	102928
reasonable opportunity is allowed the person in charge to justify	102929
further detention of the person confined.	102930

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	102931
health and addiction services is hereby designated as the state	102932
administrative agency for the ~~alcohol, drug abuse and mental~~	102933
~~health services~~substance abuse prevention treatment block grant	102934
and the community mental health services block grant authorized by	102935
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	102936
300x, as amended, and similar alcohol, drug abuse, or mental	102937
health programs that are specified in an appropriations act. ~~The~~	102938
~~department shall establish and administer an annual plan to~~	102939
~~utilize federal block grant funds. The department shall consult~~	102940
~~with the department of alcohol and drug addiction services on the~~	102941
~~allocation of funds for alcohol and drug addiction services~~	102942
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	102943
~~controlling board, which shall authorize the transfer of funds~~	102944
~~allocated to the department of alcohol and drug addiction~~	102945
~~services.~~	102946

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	102947
health and addiction services shall inspect and license all	102948
hospitals that receive mentally ill persons, except those	102949
hospitals managed by the department. No hospital may receive for	102950
care or treatment, either at public or private expense, any person	102951
who is or appears to be mentally ill, whether or not so	102952
adjudicated, unless the hospital has received a license from the	102953
department authorizing it to receive for care or treatment persons	102954
who are mentally ill or the hospital is managed by the department.	102955

No such license shall be granted to a hospital for the	102956
treatment of mentally ill persons unless the department is	102957
satisfied, after investigation, that the hospital is managed and	102958
operated by qualified persons and has on its staff one or more	102959
qualified physicians responsible for the medical care of the	102960
patients confined there. At least one such physician shall be a	102961
psychiatrist.	102962

The department shall adopt rules under Chapter 119. of the	102963
Revised Code prescribing minimum standards for the operation of	102964
hospitals for the care and treatment of mentally ill persons and	102965
establishing standards and procedures for the issuance, renewal,	102966
or revocation of full, probationary, and interim licenses. No	102967
license shall be granted to any hospital established or used for	102968
the care of mentally ill persons unless such hospital is operating	102969
in accordance with this section and rules adopted pursuant to this	102970
section. A full license shall expire one year after the date of	102971
issuance, a probationary license shall expire at the time	102972
prescribed by rule adopted pursuant to Chapter 119. of the Revised	102973
Code by the director of ~~mental health~~mental health and addiction	102974
services, and an interim license shall expire ninety days after	102975
the date of issuance. A full, probationary, or interim license may	102976
be renewed, except that an interim license may be renewed only	102977
twice. The department may fix reasonable fees for licenses and for	102978
license renewals. Such hospitals are subject to inspection and	102979
~~visitation~~on-site review by the department.	102980

Except as otherwise provided in Chapter 5122. of the Revised	102981
Code, neither the director of ~~the department of mental health~~	102982
mental health and addiction services; an employee of the	102983
department; a board of alcohol, drug addiction, and mental health	102984
services or ~~agency~~ employee of a community mental health services	102985
provider; nor any other public official shall hospitalize any	102986
mentally ill person for care or treatment in any hospital that is	102987
not licensed in accordance with this section.	102988

Any license issued by the department under this section may	102989
be revoked by the department for any of the following reasons:	102990

(A) The hospital is no longer a suitable place for the care	102991
or treatment of mentally ill persons.	102992

(B) The hospital refuses to be subject to inspection or	102993
~~visitation~~on-site review by the department.	102994

(C) The hospital has failed to furnish humane, kind, and	102995
adequate treatment and care.	102996

(D) The hospital fails to comply with the licensure rules of	102997
the department.	102998

The department may inspect, ~~visit~~conduct an on-site review,	102999
and review the records of any hospital that the department has	103000
reason to believe is operating without a license.	103001

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	103002
mental health and addiction services determines that a hospital	103003
not licensed by the department is receiving for care or treatment	103004
any person who is or appears to be mentally ill, the department	103005
may request in writing that the attorney general petition the	103006
court of common pleas in the county where the hospital is located	103007
to enjoin the hospital from continued operation in violation of	103008
section ~~5119.20~~5119.33 of the Revised Code.	103009

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	103010
or indirectly reimburse, nor shall any person be obligated to pay	103011
any hospital for psychiatric services for which a license is	103012
required under section ~~5119.20~~5119.33 of the Revised Code unless	103013
the hospital is licensed by the department of ~~mental health~~mental	103014
health and addiction services.	103015

As used in this section, "third-party payer" means a health	103016
insuring corporation licensed under Chapter 1751. of the Revised	103017
Code, an insurance company that issues sickness and accident	103018
insurance in conformity with Chapter 3923. of the Revised Code, a	103019
state-financed health insurance program under Chapter 3701.,	103020
4123., or 5101. of the Revised Code, or any self-insurance plan.	103021

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	103022
hospital for the care or treatment of mentally ill persons unless	103023
it is licensed by the department of ~~mental health~~mental health	103024
and addiction services, as provided by section ~~5119.20~~5119.33 of	103025
the Revised Code.	103026

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	103027
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	103028
Code:	103029

(1) "Accommodations" means housing, daily meal preparation,	103030
laundry, housekeeping, arranging for transportation, social and	103031
recreational activities, maintenance, security, and other services	103032
that do not constitute personal care services or skilled nursing	103033
care.	103034

(2) "ADAMHS board" means a board of alcohol, drug addiction,	103035
and mental health services.	103036

(3) "Adult" means a person who is eighteen years of age or	103037
older, other than a person described in division (A)(4) of this	103038
section who is between eighteen and twenty-one years of age.	103039

(4) "Child" means a person who is under eighteen years of age	103040
or a person with a mental disability who is under twenty-one years	103041
of age.	103042

(5) "Community mental health ~~agency~~services provider" means	103043
a community mental health ~~agency~~services provider as defined in	103044
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	103045

(6) "Community mental health services" means any ~~of the~~	103046
mental health services ~~listed in~~certified by the department	103047
pursuant to section ~~340.09~~5119.36 of the Revised Code.	103048

(7) "Operator" means the person or persons, firm,	103049
partnership, agency, governing body, association, corporation, or	103050
other entity that is responsible for the administration and	103051
management of a residential facility and that is the applicant for	103052
a residential facility license.	103053

(8) "Personal care services" means services including, but	103054
not limited to, the following:	103055

(a) Assisting residents with activities of daily living;

103056

(b) Assisting residents with self-administration of	103057
medication in accordance with rules adopted under this section;	103058

(c) Preparing special diets, other than complex therapeutic	103059
diets, for residents pursuant to the instructions of a physician	103060
or a licensed dietitian, in accordance with rules adopted under	103061
this section.	103062

"Personal care services" does not include "skilled nursing	103063
care" as defined in section 3721.01 of the Revised Code. A	103064
facility need not provide more than one of the services listed in	103065
division (A)(8) of this section to be considered to be providing	103066
personal care services.	103067

(9) "Residential facility" means a publicly or privately	103068
operated home or facility that provides one of the following:	103069

(a) Accommodations, supervision, personal care services, and	103070
community mental health services for one or more ~~of the following~~	103071
unrelated ~~persons~~adults with mental illness or severe mental	103072
disabilities or to one or more unrelated children and adolescents	103073
with a serious emotional disturbance or who are in need of mental	103074
health services who are referred by or are receiving community	103075
mental health services from a community mental health ~~agency,~~	103076
services provider, hospital, or practitioner:	103077

~~(i) Adults with mental illness;~~

103078

~~(ii) Persons of any age with severe mental disabilities;~~

103079

~~(iii) Children with serious emotional disturbances or in need~~	103080
~~of mental health services~~.	103081

(b) Accommodations, supervision, and personal care services	103082
~~for only one or two unrelated adults; accommodations, supervision,~~	103083
~~and personal care services for three to sixteen unrelated adults;~~	103084
~~or accommodations, supervision, and personal care services for one~~	103085
~~or two of the following unrelated persons:~~	103086

~~(i) Persons of any age with mental illness who are referred~~	103087
~~by or are receiving community mental health services from a~~	103088
~~community mental health agency, hospital, or practitioner;~~	103089

~~(ii) Persons of any age with severe mental disabilities who~~	103090
~~are referred by or are receiving community mental health services~~	103091
~~from a community mental health agency, hospital, or practitioner~~	103092
to any of the following:	103093

(i) One or two unrelated persons with mental illness or	103094
persons with severe mental disabilities who are referred by or are	103095
receiving mental health services from a community mental health	103096
services provider, hospital, or practitioner;	103097

(ii) One or two unrelated adults who are receiving	103098
residential state supplement payments;	103099

(iii) Three to sixteen unrelated adults.

103100

(c) Room and board for five or more ~~of the following~~	103101
unrelated ~~persons:~~	103102

~~(i) Adults~~adults with mental illness or severe mental	103103
disability who are referred by or are receiving community mental	103104
health services from a community mental health ~~agency,~~services	103105
provider, hospital, or practitioner;	103106

~~(ii) Adults with severe mental disabilities who are referred~~	103107
~~by or are receiving community mental health services from a~~	103108
~~community mental health agency, hospital, or practitioner~~.	103109

(10) "Residential facility" does not include any of the	103110
following:	103111

(a) A hospital subject to licensure under section ~~5119.20~~	103112
5119.33 of the Revised Code;	103113

(b) A residential facility licensed under section 5123.19 of	103114
the Revised Code or otherwise regulated by the department of	103115
developmental disabilities;	103116

(c) An institution or association subject to certification	103117
under section 5103.03 of the Revised Code;	103118

(d) A facility operated by a hospice care program licensed	103119
under section 3712.04 of the Revised Code that is used exclusively	103120
for care of hospice patients;	103121

(e) ~~A facility operated by a pediatric respite care program~~	103122
~~licensed under section 3712.041 of the Revised Code that is used~~	103123
~~exclusively for care of pediatric respite care patients;~~	103124

~~(f)~~ A nursing home, residential care facility, or home for	103125
the aging as defined in section 3721.02 of the Revised Code;	103126

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	103127
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	103128
of the Revised Code;	103129

~~(h)~~(g) A facility licensed to provide methadone treatment	103130
under section ~~3793.11~~5119.39 of the Revised Code;	103131

~~(i)~~(h) Any facility that receives funding for operating costs	103132
from the ~~department of~~ development services agency under any	103133
program established to provide emergency shelter housing or	103134
transitional housing for the homeless;	103135

~~(j)~~(i) A terminal care facility for the homeless that has	103136
entered into an agreement with a hospice care program under	103137
section 3712.07 of the Revised Code;	103138

~~(k)~~(j) A facility approved by the veterans administration	103139
under section 104(a) of the "Veterans Health Care Amendments of	103140
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	103141
exclusively for the placement and care of veterans.	103142

(11) "Room and board" means the provision of sleeping and	103143
living space, meals or meal preparation, laundry services,	103144
housekeeping services, or any combination thereof.	103145

(12) "Residential state supplement" means the program	103146
administered under section 5119.41 of the Revised Code and related	103147
provisions of the Administrative Code under which the state	103148
supplements the supplemental security income payments received by	103149
aged, blind, or disabled adults under Title XVI of the Social	103150
Security Act. Residential state supplement payments are used for	103151
the provision of accommodations, supervision, and personal care	103152
services to supplemental security income recipients the department	103153
of mental health and addition services determines are at risk of	103154
needing institutional care.	103155

(13) "Supervision" means any of the following:

103156

(a) Observing a resident to ensure the resident's health,	103157
safety, and welfare while the resident engages in activities of	103158
daily living or other activities;	103159

(b) Reminding a resident to perform or complete an activity,	103160
such as reminding a resident to engage in personal hygiene or	103161
other self-care activities;	103162

103163

~~(13)~~(14) "Unrelated" means that a resident is not related to	103164
the owner or operator of a residential facility or to the owner's	103165
or operator's spouse as a parent, grandparent, child, stepchild,	103166
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	103167
the child of an aunt or uncle.	103168

(B) Nothing in division (A)(9) of this section shall be	103169
construed to permit personal care services to be imposed on a	103170
resident who is capable of performing the activity in question	103171
without assistance.	103172

(C) Except in the case of a residential facility described in	103173
division (A)(9)(a) of this section, members of the staff of a	103174
residential facility shall not administer medication to the	103175
facility's residents, but may do any of the following:	103176

(1) Remind a resident when to take medication and watch to	103177
ensure that the resident follows the directions on the container;	103178

(2) Assist a resident in the self-administration of	103179
medication by taking the medication from the locked area where it	103180
is stored, in accordance with rules adopted pursuant to this	103181
section, and handing it to the resident. If the resident is	103182
physically unable to open the container, a staff member may open	103183
the container for the resident.	103184

(3) Assist a physically impaired but mentally alert resident,	103185
such as a resident with arthritis, cerebral palsy, or Parkinson's	103186
disease, in removing oral or topical medication from containers	103187
and in consuming or applying the medication, upon request by or	103188
with the consent of the resident. If a resident is physically	103189
unable to place a dose of medicine to the resident's mouth without	103190
spilling it, a staff member may place the dose in a container and	103191
place the container to the mouth of the resident.	103192

(D)(1) Except as provided in division (D)(2) of this section,	103193
a person operating or seeking to operate a residential facility	103194
shall apply for licensure of the facility to the department of	103195
~~mental health~~mental health and addiction services. The	103196
application shall be submitted by the operator. When applying for	103197
the license, the applicant shall pay to the department the	103198
application fee specified in rules adopted under division ~~(L)~~(K)	103199
of this section. The fee is nonrefundable.	103200

The department shall send a copy of an application to the	103201
ADAMHS board serving the county in which the person operates or	103202
seeks to operate the facility. The ADAMHS board shall review the	103203
application and provide to the department any information about	103204
the applicant or the facility that the board would like the	103205
department to consider in reviewing the application.	103206

(2) A person may not apply for a license to operate a	103207
residential facility if the person is or has been the owner,	103208
operator, or manager of a residential facility for which a license	103209
to operate was revoked or for which renewal of a license was	103210
refused for any reason other than nonpayment of the license	103211
renewal fee, unless both of the following conditions are met:	103212

(a) A period of not less than two years has elapsed since the	103213
date the director of ~~mental health~~mental health and addiction	103214
services issued the order revoking or refusing to renew the	103215
facility's license.	103216

(b) The director's revocation or refusal to renew the license	103217
was not based on an act or omission at the facility that violated	103218
a resident's right to be free from abuse, neglect, or	103219
exploitation.	103220

(E)(1) ~~Any person may operate a residential facility~~	103221
~~providing accommodations and personal care services for one to~~	103222
~~five unrelated persons and licensed as a residential facility that~~	103223
~~meets the criteria specified in division (A)(9)(b) of this section~~	103224
~~as a permitted use in any residential district or zone, including~~	103225
~~any single-family residential district or zone of any political~~	103226
~~subdivision. Such facilities may be required to comply with area,~~	103227
~~height, yard, and architectural compatibility requirements that~~	103228
~~are uniformly imposed upon all single-family residences within the~~	103229
~~district or zone.~~	103230

~~(2) Any person may operate a residential facility providing~~	103231
~~accommodations and personal care services for six to sixteen~~	103232
~~persons and licensed as a residential facility that meets the~~	103233
~~criteria specified in division (A)(9)(b) of this section as a~~	103234
~~permitted use in any multiple-family residential district or zone~~	103235
~~of any political subdivision, except that a political subdivision~~	103236
~~that has enacted a zoning ordinance or resolution establishing~~	103237
~~planned-unit development districts as defined in section 519.021~~	103238
~~of the Revised Code may exclude such facilities from such~~	103239
~~districts, and a political subdivision that has enacted a zoning~~	103240
~~ordinance or resolution may regulate such facilities in~~	103241
~~multiple-family residential districts or zones as a conditionally~~	103242
~~permitted use or special exception, in either case, under~~	103243
~~reasonable and specific standards and conditions set out in the~~	103244
~~zoning ordinance or resolution to:~~	103245

~~(a) Require the architectural design and site layout of the~~	103246
~~home and the location, nature, and height of any walls, screens,~~	103247
~~and fences to be compatible with adjoining land uses and the~~	103248
~~residential character of the neighborhood;~~	103249

~~(b) Require compliance with yard, parking, and sign~~	103250
~~regulation.~~	103251

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	103252
~~any right of a political subdivision to permit a person to operate~~	103253
~~a residential facility licensed under this section in a~~	103254
~~single-family residential district or zone under conditions~~	103255
~~established by the political subdivision.~~	103256

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	103257
~~section and except as provided in division (E)(4)(b) of this~~	103258
~~section, a political subdivision that has enacted a zoning~~	103259
~~ordinance or resolution may limit the excessive concentration of~~	103260
~~licensed residential facilities that meet the criteria specified~~	103261
~~in division (A)(9)(b) of this section.~~	103262

~~(b) Division (E)(4)(a) of this section does not authorize a~~	103263
~~political subdivision to prevent or limit the continued existence~~	103264
~~and operation of residential facilities existing and operating on~~	103265
~~September 10, 2012, and that meet the criteria specified in~~	103266
~~division (A)(9)(b) of this section. A political subdivision may~~	103267
~~consider the existence of such facilities for the purpose of~~	103268
~~limiting the excessive concentration of such facilities that meet~~	103269
~~the criteria specified in division (A)(9)(b) of this section that~~	103270
~~are not existing and operating on September 10, 2012.~~	103271

~~(F)(1)~~ The department of ~~mental health~~mental health and	103272
addiction services shall inspect and license the operation of	103273
residential facilities. The department shall consider the past	103274
record of the facility and the applicant or licensee in arriving	103275
at its licensure decision.	103276

The department may issue full, probationary, and interim	103277
licenses. A full license shall expire ~~two~~up to three years after	103278
the date of issuance, a probationary license shall expire in a	103279
shorter period of time as specified in rules adopted by the	103280
director of mental health under division ~~(L)~~(K) of this section,	103281
and an interim license shall expire ninety days after the date of	103282
issuance. A license may be renewed in accordance with rules	103283
adopted by the director under division ~~(L)~~(K) of this section. The	103284
renewal application shall be submitted by the operator. When	103285
applying for renewal of a license, the applicant shall pay to the	103286
department the renewal fee specified in rules adopted under	103287
division ~~(L)~~(K) of this section. The fee is nonrefundable.	103288

(2) The department may issue an order suspending the	103289
admission of residents to the facility or refuse to issue or renew	103290
and may revoke a license if it finds the facility is not in	103291
compliance with rules adopted by the director pursuant to division	103292
~~(L)~~(K) of this section or if any facility operated by the	103293
applicant or licensee has been cited for repeated violations of	103294
statutes or rules during the period of previous licenses.	103295
Proceedings initiated to deny applications for full or	103296
probationary licenses or to revoke such licenses are governed by	103297
Chapter 119. of the Revised Code.	103298

~~(G)~~(F) The department may issue an interim license to operate	103299
a residential facility if both of the following conditions are	103300
met:	103301

(1) The department determines that the closing of or the need	103302
to remove residents from another residential facility has created	103303
an emergency situation requiring immediate removal of residents	103304
and an insufficient number of licensed beds are available.	103305

(2) The residential facility applying for an interim license	103306
meets standards established for interim licenses in rules adopted	103307
by the director under division ~~(L)~~(K) of this section.	103308

An interim license shall be valid for ninety days and may be	103309
renewed by the director no more than twice. Proceedings initiated	103310
to deny applications for or to revoke interim licenses under this	103311
division are not subject to Chapter 119. of the Revised Code.	103312

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	103313
addiction services may conduct an inspection of a residential	103314
facility as follows:	103315

(a) Prior to issuance of a license for the facility;

103316

(b) Prior to renewal of the license;

103317

(c) To determine whether the facility has completed a plan of	103318
correction required pursuant to division ~~(H)~~(G)(2) of this section	103319
and corrected deficiencies to the satisfaction of the department	103320
and in compliance with this section and rules adopted pursuant to	103321
it;	103322

(d) Upon complaint by any individual or agency;

103323

(e) At any time the director considers an inspection to be	103324
necessary in order to determine whether the facility is in	103325
compliance with this section and rules adopted pursuant to this	103326
section.	103327

(2) In conducting inspections the department may conduct an	103328
on-site examination and evaluation of the residential facility and	103329
its personnel, activities, and services. The department shall have	103330
access to examine and copy all records, accounts, and any other	103331
documents relating to the operation of the residential facility,	103332
including records pertaining to residents, and shall have access	103333
to the facility in order to conduct interviews with the operator,	103334
staff, and residents. Following each inspection and review, the	103335
department shall complete a report listing any deficiencies, and	103336
including, when appropriate, a time table within which the	103337
operator shall correct the deficiencies. The department may	103338
require the operator to submit a plan of correction describing how	103339
the deficiencies will be corrected.	103340

~~(I)~~(H) No person shall do any of the following:

103341

(1) Operate a residential facility unless the facility holds	103342
a valid license;	103343

(2) Violate any of the conditions of licensure after having	103344
been granted a license;	103345

(3) Interfere with a state or local official's inspection or	103346
investigation of a residential facility;	103347

(4) Violate any of the provisions of this section or any	103348
rules adopted pursuant to this section.	103349

~~(J)~~(I) The following may enter a residential facility at any	103350
time:	103351

(1) Employees designated by the director of ~~mental health~~	103352
mental health and addiction services;	103353

(2) Employees of an ADAMHS board under either of the	103354
following circumstances:	103355

(a) When a resident of the facility is receiving services	103356
from a community mental health ~~agency~~services provider under	103357
contract with that ADAMHS board or another ADAMHS board;	103358

(b) When authorized by section 340.05 of the Revised Code.

103359

(3) Employees of a community mental health ~~agency~~services	103360
provider under either of the following circumstances:	103361

(a) When the ~~agency~~services provider has a ~~client~~person	103362
receiving services residing in the facility;	103363

(b) When the ~~agency~~services provider is acting as an agent	103364
of an ADAMHS board other than the board with which it is under	103365
contract.	103366

(4) Representatives of the state long-term care ~~ombudsperson~~	103367
ombudsman program when the facility provides accommodations,	103368
supervision, and personal care services for three to sixteen	103369
unrelated adults or to one or two unrelated adults who are	103370
recipients under the residential state supplement program.	103371

The persons specified in division ~~(J)~~(I) of this section	103372
shall be afforded access to examine and copy all records,	103373
accounts, and any other documents relating to the operation of the	103374
residential facility, including records pertaining to residents.	103375

~~(K)~~(J) Employees of the department of ~~mental health~~mental	103376
health and addiction services may enter, for the purpose of	103377
investigation, any institution, residence, facility, or other	103378
structure which has been reported to the department as, or that	103379
the department has reasonable cause to believe is, operating as a	103380
residential facility without a valid license.	103381

~~(L)~~(K) The director shall adopt and may amend and rescind	103382
rules pursuant to Chapter 119. of the Revised Code governing the	103383
licensing and operation of residential facilities. The rules shall	103384
establish all of the following:	103385

(1) Minimum standards for the health, safety, adequacy, and	103386
cultural competency of treatment of and services for persons in	103387
residential facilities;	103388

(2) Procedures for the issuance, renewal, or revocation of	103389
the licenses of residential facilities;	103390

(3) Procedures for conducting criminal records checks for	103391
prospective or current operators, ~~staff~~employees, and ~~other~~	103392
~~individuals~~volunteers who~~, if employed by a residential~~	103393
~~facility, would~~may have ~~unsupervised~~direct access to facility	103394
residents;	103395

(4) The fee to be paid when applying for a new residential	103396
facility license or renewing the license;	103397

(5) Procedures for the operator of a residential facility to	103398
follow when notifying the ADAMHS board serving the county in which	103399
the facility is located when the facility is serving residents	103400
with mental illness or severe mental disability, including the	103401
circumstances under which the operator is required to make such a	103402
notification;	103403

(6) Procedures for the issuance and termination of orders of	103404
suspension of admission of residents to a residential facility;	103405

(7) Measures to be taken by residential facilities relative	103406
to residents' medication;	103407

(8) Requirements relating to preparation of special diets;

103408

(9) The maximum number of residents who may be served in a	103409
residential facility;	103410

(10) The rights of residents of residential facilities and	103411
procedures to protect such rights;	103412

(11) Procedures for obtaining an affiliation agreement	103413
approved by the board between a residential facility and a	103414
community mental health ~~agency~~services provider;	103415

(12) Standards and procedures under which the director may	103416
waive the requirements of any of the rules adopted.	103417

~~(M)~~(L)(1) The department may withhold the source of any	103418
complaint reported as a violation of this section when the	103419
department determines that disclosure could be detrimental to the	103420
department's purposes or could jeopardize the investigation. The	103421
department may disclose the source of any complaint if the	103422
complainant agrees in writing to such disclosure and shall	103423
disclose the source upon order by a court of competent	103424
jurisdiction.	103425

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	103426
of this section, or any person who participates in an	103427
administrative or judicial proceeding resulting from such a	103428
complaint, is immune from civil liability and is not subject to	103429
criminal prosecution, other than for perjury, unless the person	103430
has acted in bad faith or with malicious purpose.	103431

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	103432
addiction services may petition the court of common pleas of the	103433
county in which a residential facility is located for an order	103434
enjoining any person from operating a residential facility without	103435
a license or from operating a licensed facility when, in the	103436
director's judgment, there is a present danger to the health or	103437
safety of any of the occupants of the facility. The court shall	103438
have jurisdiction to grant such injunctive relief upon a showing	103439
that the respondent named in the petition is operating a facility	103440
without a license or there is a present danger to the health or	103441
safety of any residents of the facility.	103442

(2) When the court grants injunctive relief in the case of a	103443
facility operating without a license, the court shall issue, at a	103444
minimum, an order enjoining the facility from admitting new	103445
residents to the facility and an order requiring the facility to	103446
assist with the safe and orderly relocation of the facility's	103447
residents.	103448

(3) If injunctive relief is granted against a facility for	103449
operating without a license and the facility continues to operate	103450
without a license, the director shall refer the case to the	103451
attorney general for further action.	103452

~~(O)~~(N) The director may fine a person for violating division	103453
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	103454
a first offense; for each subsequent offense, the fine shall be	103455
one thousand dollars. The director's actions in imposing a fine	103456
shall be taken in accordance with Chapter 119. of the Revised	103457
Code.	103458

Sec. 5119.341. (A) Any person may operate a residential	103459
facility providing accommodations and personal care services for	103460
one to five unrelated persons and licensed as a residential	103461
facility that meets the criteria specified in division (A)(9)(b)	103462
of section 5119.34 of the Revised Code as a permitted use in any	103463
residential district or zone, including any single-family	103464
residential district or zone of any political subdivision. Such	103465
facilities may be required to comply with area, height, yard, and	103466
architectural compatibility requirements that are uniformly	103467
imposed upon all single-family residences within the district or	103468
zone.	103469

(B) Any person may operate a residential facility providing	103470
accommodations and personal care services for six to sixteen	103471
persons and licensed as a residential facility that meets the	103472
criteria specified in division (A)(9)(b) of section 5119.34 of the	103473
Revised Code as a permitted use in any multiple-family residential	103474
district or zone of any political subdivision, except that a	103475
political subdivision that has enacted a zoning ordinance or	103476
resolution establishing planned-unit developments as defined in	103477
section 519.021 of the Revised Code may exclude such facilities	103478
from such districts, and a political subdivision that has enacted	103479
a zoning ordinance or resolution may regulate such facilities in	103480
multiple-family residential districts or zones as a conditionally	103481
permitted use or special exception, in either case, under	103482
reasonable and specific standards and conditions set out in the	103483
zoning ordinance or resolution to:	103484

(1) Require the architectural design and site layout of the	103485
home and the location, nature, and height of any walls, screens,	103486
and fences to be compatible with adjoining land uses and the	103487
residential character of the neighborhood;	103488

(2) Require compliance with yard, parking, and sign	103489
regulation.	103490

(C) Divisions (A) and (B) of this section do not affect any	103491
right of a political subdivision to permit a person to operate a	103492
residential facility licensed under section 5119.34 of the Revised	103493
Code in a single-family residential district or zone under	103494
conditions established by the political subdivision.	103495

(D)(1) Notwithstanding divisions (A) and (B) of this section	103496
and except as provided in division (D)(2) of this section, a	103497
political subdivision that has enacted a zoning ordinance or	103498
resolution may limit the excessive concentration of licensed	103499
residential facilities that meet the criteria specified in	103500
division (A)(9)(b) of section 5119.34 of the Revised Code.	103501

(2) Division (D)(1) of this section does not authorize a	103502
political subdivision to prevent or limit the continued existence	103503
and operation of residential facilities existing and operating on	103504
September 10, 2012, and that meet the criteria specified in	103505
division (A)(9)(b) of section 5119.34 of the Revised Code. A	103506
political subdivision may consider the existence of such	103507
facilities for the purpose of limiting the excessive concentration	103508
of such facilities that meet the criteria specified in division	103509
(A)(9)(b) of section 5119.34 of the Revised Code that are not	103510
existing and operating on September 10, 2012.	103511

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	103512
~~mental health~~mental health and addiction services, the court of	103513
common pleas or the probate court may appoint a receiver to take	103514
possession of and operate a residential facility licensed pursuant	103515
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	103516
existing at the residential facility present a substantial risk of	103517
physical or mental harm to residents and no other remedies at law	103518
are adequate to protect the health, safety, and welfare of the	103519
residents.	103520

Petitions filed pursuant to this section shall include:

103521

(1) A description of the specific conditions existing at the	103522
residential facility which present a substantial risk of physical	103523
or mental harm to residents;	103524

(2) A statement of the absence of other adequate remedies at	103525
law;	103526

(3) The number of individuals residing at the facility;

103527

(4) A statement that the facts have been brought to the	103528
attention of the owner or licensee and that conditions have not	103529
been remedied within a reasonable period of time or that the	103530
conditions, though remedied periodically, habitually exist at the	103531
residential facility as a pattern or practice; and	103532

(5) The name and address of the person holding the license	103533
for the residential facility.	103534

(B) A court in which a petition is filed pursuant to this	103535
section shall notify the person holding the license for the	103536
facility of the filing. The department shall send notice of the	103537
filing to the following, as appropriate: the Ohio protection and	103538
advocacy system as defined in section 5123.60 of the Revised Code;	103539
facility owner; facility operator; board of alcohol, drug	103540
addiction, and mental health services; board of health; department	103541
of developmental disabilities; department of job and family	103542
services; facility residents; and residents' families and	103543
guardians. The court shall provide a hearing on the petition	103544
within five court days of the time it was filed, except that the	103545
court may appoint a receiver prior to that time if it determines	103546
that the circumstances necessitate such action.	103547

Following a hearing on the petition, and upon a determination	103548
that the appointment of a receiver is warranted, the court shall	103549
appoint a receiver and notify the department of ~~mental health~~	103550
mental health and addiction services and appropriate persons of	103551
this action.	103552

In setting forth the powers of the receiver, the court may	103553
generally authorize the receiver to do all that is prudent and	103554
necessary to safely and efficiently operate the residential	103555
facility within the requirements of state and federal law, but	103556
shall require the receiver to obtain court approval prior to	103557
making any single expenditure of more than five thousand dollars	103558
to correct deficiencies in the structure or furnishings of a	103559
facility. The court shall closely review the conduct of the	103560
receiver and shall require regular and detailed reports.	103561

(C) A receivership established pursuant to this section shall	103562
be terminated, following notification of the appropriate parties	103563
and a hearing, if the court determines either of the following:	103564

(1) The residential facility has been closed and the former	103565
residents have been relocated to an appropriate facility;	103566

(2) Circumstances no longer exist at the residential facility	103567
which present a substantial risk of physical or mental harm to	103568
residents, and there is no deficiency in the residential facility	103569
that is likely to create a future risk of harm.	103570

Notwithstanding division (C)(2) of this section, the court	103571
shall not terminate a receivership for a residential facility that	103572
has previously operated under another receivership unless the	103573
responsibility for the operation of the facility is transferred to	103574
an operator approved by the court and the department of ~~mental~~	103575
~~health~~mental health and addiction services.	103576

(D) Except for the department of ~~mental health~~mental health	103577
and addiction services or appropriate board of alcohol, drug	103578
addiction, and mental health services, no party or person	103579
interested in an action shall be appointed a receiver pursuant to	103580
this section.	103581

To assist the court in identifying persons qualified to be	103582
named as receivers, the director of ~~the department of mental~~	103583
~~health~~mental health and addiction services shall maintain a list	103584
of the names of such persons. The department of ~~mental health~~	103585
mental health and addiction services, the department of job and	103586
family services, and the department of health shall provide	103587
technical assistance to any receiver appointed pursuant to this	103588
section.	103589

Before entering upon the duties of receiver, the receiver	103590
must be sworn to perform the duties faithfully, and, with surety	103591
approved by the court, judge, or clerk, execute a bond to such	103592
person, and in such sum as the court or judge directs, to the	103593
effect that such receiver will faithfully discharge the duties of	103594
receiver in the action, and obey the orders of the court therein.	103595

(1) Under the control of the appointing court, a receiver may	103596
do the following:	103597

(a) Bring and defend actions in the appointee's name as	103598
receiver;	103599

(b) Take and keep possession of property.

103600

(2) The court shall authorize the receiver to do the	103601
following:	103602

(a) Collect payment for all goods and services provided to	103603
the residents or others during the period of the receivership at	103604
the same rate as was charged by the licensee at the time the	103605
petition for receivership was filed, unless a different rate is	103606
set by the court;	103607

(b) Honor all leases, mortgages, and secured transactions	103608
governing all buildings, goods, and fixtures of which the receiver	103609
has taken possession, but, in the case of a rental agreement only	103610
to the extent of payments that are for the use of the property	103611
during the period of the receivership, or, in the case of a	103612
purchase agreement, only to the extent that payments come due	103613
during the period of the receivership;	103614

(c) If transfer of residents is necessary, provide for the	103615
orderly transfer of residents by:	103616

(i) Cooperating with all appropriate state and local agencies	103617
in carrying out the transfer of residents to alternative community	103618
placements;	103619

(ii) Providing for the transportation of residents'	103620
belongings and records;	103621

(iii) Helping to locate alternative placements and develop	103622
plans for transfer;	103623

(iv) Encouraging residents or guardians to participate in	103624
transfer planning except when an emergency exists and immediate	103625
transfer is necessary.	103626

(d) Make periodic reports on the status of the residential	103627
facility to the court; the appropriate state agencies; and the	103628
board of alcohol, drug addiction, and mental health services. Each	103629
report shall be made available to residents, their guardians, and	103630
families.	103631

(e) Compromise demands or claims; and

103632

(f) Generally do such acts respecting the residential	103633
facility as the court authorizes.	103634

Notwithstanding any other provision of law, contracts which	103635
are necessary to carry out the powers and duties of the receiver	103636
need not be competitively bid.	103637

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	103638
services provider applicant or community addiction services	103639
provider applicant that seeks certification of its community	103640
mental health services or community addiction services shall	103641
submit an application to the director of ~~mental health~~mental	103642
health and addiction services. On receipt of the application, the	103643
director may ~~visit~~conduct an on-site review and shall evaluate	103644
the ~~agency~~provider to determine whether its services satisfy the	103645
standards established by rules adopted under division ~~(C)~~(E) of	103646
this section. The director shall make the evaluation, and, if the	103647
director ~~visits~~conducts an on-site review of the ~~agency~~	103648
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	103649
the board of alcohol, drug addiction, and mental health services	103650
with which the ~~agency~~provider seeks to contract under division	103651
(A)(8)(a) of section 340.03 of the Revised Code.	103652

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	103653
the director shall determine whether the services of an	103654
~~applicant's community mental health agency~~applicant satisfy the	103655
standards for certification of the services. If the director	103656
determines that a community mental health ~~agency's~~ services	103657
provider's or a community addiction services provider's services	103658
satisfy the standards for certification and the ~~agency~~provider	103659
has paid the fee required under division (D) of this section, the	103660
director shall certify the services. No community mental health	103661
services provider or community addiction services provider shall	103662
be eligible to receive state or federal funds, or funds	103663
administered by a board of alcohol, drug addiction, and mental	103664
health services unless its services have been certified by the	103665
department.	103666

(C) If the director determines that a community mental health	103667
~~agency's~~ services provider's or a community addiction services	103668
provider's services do not satisfy the standards for	103669
certification, the director shall identify the areas of	103670
noncompliance, specify what action is necessary to satisfy the	103671
standards, and may offer technical assistance to the provider and	103672
to the board of alcohol, drug addiction, and mental health	103673
services so that the board may assist the ~~agency~~provider in	103674
satisfying the standards. The director shall give the ~~agency~~	103675
provider a reasonable time within which to demonstrate that its	103676
services satisfy the standards or to bring the services into	103677
compliance with the standards. If the director concludes that the	103678
services continue to fail to satisfy the standards, the director	103679
may request that the board reallocate ~~the~~any funds for the	103680
~~community~~ mental health or addiction services the ~~agency~~provider	103681
was to provide to another community mental health ~~agency~~or	103682
addiction services provider whose community mental health or	103683
community addiction services satisfy the standards. If the board	103684
does not reallocate ~~those~~such funds in a reasonable period of	103685
time, the director may withhold state and federal funds for the	103686
~~community mental health~~ services and allocate those funds directly	103687
to a community mental health ~~agency~~or community addiction	103688
services provider whose ~~community mental health~~ services satisfy	103689
the standards.	103690

(D) Each community mental health ~~agency~~services provider or	103691
community addiction services provider seeking certification of its	103692
~~community~~ mental health or addiction services under this section	103693
shall pay a fee for the certification required by this section,	103694
unless the provider is exempt under rules adopted under division	103695
(E) of this section. Fees shall be paid into the state treasury to	103696
the credit of the sale of goods and services fund created pursuant	103697
to section ~~5119.161~~5119.45 of the Revised Code.	103698

(E) The director shall adopt rules in accordance with Chapter	103699
119. of the Revised Code to implement this section. The rules	103700
shall do all of the following:	103701

(1) Establish certification standards for ~~community~~ mental	103702
health services~~, including assertive community treatment and~~	103703
~~intensive home-based mental health services,~~and addiction	103704
services that are consistent with nationally recognized applicable	103705
standards and facilitate participation in federal assistance	103706
programs. The rules shall include as certification standards only	103707
requirements that improve the quality of services or the health	103708
and safety of ~~clients of~~persons receiving community mental health	103709
and addiction services. The standards shall address at a minimum	103710
all of the following:	103711

(a) Reporting major unusual incidents to the director;

103712

(b) Procedures for applicants for and ~~clients of~~persons	103713
receiving community mental health and addiction services to file	103714
grievances and complaints;	103715

103716

(d) Restraint;

103717

(e) Requirements regarding physical facilities of service	103718
delivery sites;	103719

(f) Requirements with regard to health, safety, adequacy, and	103720
cultural specificity and sensitivity;	103721

(g) Standards for evaluating services;

103722

(h) Standards and procedures for granting full or conditional	103723
certification to a service provider;	103724

(i) Standards and procedures for revoking the certification	103725
of a provider's services that do not continue to meet the minimum	103726
standards established pursuant to this section;	103727

(j) The limitations to be placed on a provider that is	103728
granted conditional certification;	103729

(k) Development of written policies addressing the rights of	103730
~~clients~~persons receiving services, including all of the	103731
following:	103732

(i) The right to a copy of the written policies addressing	103733
~~client~~the rights of persons receiving services;	103734

(ii) The right at all times to be treated with consideration	103735
and respect for the ~~client's~~person's privacy and dignity;	103736

(iii) The right to have access to the ~~client's~~person's own	103737
psychiatric, medical, or other treatment records unless access is	103738
specifically restricted in the ~~client's~~person's treatment plan	103739
for clear treatment reasons;	103740

(iv) The right to have a client rights officer provided by	103741
the ~~agency~~services provider or board of alcohol, drug addiction,	103742
and mental health services advise the ~~client~~person of the	103743
~~client's~~person's rights, including the ~~client's~~person's rights	103744
under Chapter 5122. of the Revised Code if the ~~client~~person is	103745
committed to the ~~agency~~provider or board.	103746

(2) ~~Establish standards for qualifications of mental health~~	103747
~~professionals as defined in section 340.02 of the Revised Code and~~	103748
~~personnel who provide the community mental health services;~~	103749

~~(3)~~ Establish the process for certification of community	103750
mental health and addiction services;	103751

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	103752
~~portion of the cost of performing the review~~;	103753

~~(5)~~(4) Specify the type of notice and hearing to be provided	103754
prior to a decision on whether to reallocate funds.	103755

(F) The department shall maintain a current list of providers	103756
whose addiction services are certified by the department under	103757
division (B) of this section and shall provide a copy of the list	103758
to a judge of a court of common pleas who requests a copy for the	103759
use of the judge under division (H) of section 2925.03 of the	103760
Revised Code. The list of certified addiction services shall	103761
identify each provider by its name, its address, and the county in	103762
which it is located.	103763

(G) No person shall represent in any manner that a provider	103764
is certified by the department if the provider is not certified at	103765
the time the representation is made.	103766

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	103767
health and addiction services shall require that each board of	103768
alcohol, drug addiction, and mental health services ensure that	103769
each community mental health ~~agency~~services provider and	103770
community addiction services provider with which it contracts	103771
under division (A)(8)(a) of section 340.03 of the Revised Code to	103772
provide community mental health or addiction services establish	103773
grievance procedures consistent with rules adopted under section	103774
~~5119.611~~5119.36 of the Revised Code that are available to all	103775
~~applicants for and clients of the~~persons seeking or receiving	103776
services from a community mental health or addiction services	103777
provider.	103778

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	103779
director of ~~mental health~~mental health and addiction services of	103780
whether the services of a community mental health ~~agency~~services	103781
provider or a community addiction services provider satisfy the	103782
standards for certification under section ~~5119.611~~5119.36 of the	103783
Revised Code, the director shall accept appropriate accreditation	103784
of an applicant's mental health services, alcohol and drug	103785
addiction services, integrated mental health and alcohol and other	103786
drug addiction services, or integrated mental health and physical	103787
health services, or integrated alcohol and other drug addiction	103788
and physical health services being provided in this state from any	103789
of the following national accrediting organizations as evidence	103790
that the applicant satisfies the standards for certification:	103791

(1) The joint commission;

103792

(2) The commission on accreditation of rehabilitation	103793
facilities;	103794

(3) The council on accreditation;

103795

(4) Other behavioral health accreditation as determined by	103796
the director.	103797

(B) If the director determines that an applicant's	103798
accreditation is current, is appropriate for the services for	103799
which the applicant is seeking certification, and the applicant	103800
meets any other requirements established under this section or in	103801
rules adopted under this section, the director shall certify the	103802
applicant's services that are accredited. Except as provided in	103803
division (C)(2) of this section, the director shall issue the	103804
certification without further evaluation of the services.	103805

103806

(1) The director may review the accrediting organizations	103807
listed in division (A) of this section to evaluate whether the	103808
accreditation standards and processes used by the organizations	103809
are consistent with service delivery models the director considers	103810
appropriate for mental health services, alcohol or other drug	103811
addiction services, physical health services, or both. The	103812
director may communicate to an accrediting organization any	103813
identified concerns, trends, needs, and recommendations.	103814

(2) The director may ~~visit~~conduct an on-site review or	103815
otherwise evaluate a community mental health ~~agency~~services	103816
provider or a community addiction services provider at any time	103817
based on cause, including complaints made by or on behalf of	103818
~~consumers~~persons receiving services and confirmed or alleged	103819
deficiencies brought to the attention of the director.	103820

(3) The director shall require a community mental health	103821
~~agency~~services provider and a community addiction services	103822
provider to notify the director not later than ten days after any	103823
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	103824
provider may notify the director by providing a copy of the	103825
relevant document the ~~agency~~provider received from the	103826
accrediting organization.	103827

(4) The director shall require a community mental health	103828
~~agency~~services provider and a community addiction services	103829
provider to submit to the director reports of major unusual	103830
incidents.	103831

(5) The director may require a community mental health ~~agency~~	103832
services provider or a community addiction services provider to	103833
submit to the director cost reports pertaining to the ~~agency~~	103834
provider.	103835

(D) The director shall adopt rules in accordance with Chapter	103836
119. of the Revised Code to implement this section. In adopting	103837
the rules, the director shall do all of the following:	103838

(1) Specify the documentation that must be submitted as	103839
evidence of holding appropriate accreditation;	103840

(2) Establish a process by which the director may review the	103841
accreditation standards and processes used by the national	103842
accrediting organizations listed in division (A) of this section;	103843

(3) Specify the circumstances under which reports of major	103844
unusual incidents and ~~agency~~provider cost reports must be	103845
submitted to the director;	103846

(4) Specify the circumstances under which the director may	103847
~~visit~~conduct an on-site review or otherwise evaluate a community	103848
mental health ~~agency~~services provider and a community addiction	103849
services provider for cause;	103850

(5) Establish a process by which the director, based on	103851
deficiencies identified as a result of ~~visiting~~conducting an	103852
on-site review or evaluating a community mental health ~~agency~~	103853
services provider or a community addiction services provider under	103854
division (C)(2) of this section, may take any of a range of	103855
corrective actions, with the most stringent being revocation of	103856
the certification of the ~~agency's~~provider's services.	103857

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	103858
used as an alternative to a term of imprisonment for an offender	103859
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	103860
Revised Code, if it is certified by the director of ~~alcohol and~~	103861
~~drug addiction services~~mental health and addiction services	103862
pursuant to this section. No drivers' intervention program shall	103863
be used as an alternative to a term of imprisonment that is	103864
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	103865
section 4511.19 of the Revised Code.	103866

To qualify for certification by the director and to receive	103867
funds from the statewide treatment and prevention fund created by	103868
section 4301.30 of the Revised Code in any amounts and at any	103869
times that the director determines are appropriate, a drivers'	103870
intervention program shall meet state minimum standards that the	103871
director shall establish by rule. The rules shall include, but are	103872
not limited to, standards governing program course hours and	103873
content, qualifications of program personnel, methods of	103874
identifying and testing participants to isolate participants with	103875
alcohol and drug abuse problems, referral of such persons to	103876
~~alcohol and drug~~community addiction ~~programs~~services providers,	103877
the prompt notification of courts by program operators of the	103878
completion of the programs by persons required by courts to attend	103879
them, and record keeping, including methods of tracking	103880
participants for a reasonable time after they have left the	103881
program.	103882

The director shall issue a certificate to any qualified	103883
drivers' intervention program. The certificate is valid for three	103884
years.	103885

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	103886
addiction ~~program~~services provider shall employ methadone	103887
treatment or prescribe, dispense, or administer methadone unless	103888
the program is licensed under this section. No ~~alcohol and drug~~	103889
community addiction ~~program~~services provider licensed under this	103890
section shall maintain methadone treatment in a manner	103891
inconsistent with this section and the rules adopted under it.	103892

(B) ~~An alcohol and drug~~A community addiction ~~program~~	103893
services provider may apply to the department of ~~alcohol and drug~~	103894
~~addiction services~~mental health and addiction services for a	103895
license to maintain methadone treatment. The department shall	103896
review all applications received.	103897

(C) The department may issue a license to maintain methadone	103898
treatment to ~~an alcohol and drug~~community addiction ~~program~~	103899
services provider only if all of the following apply:	103900

(1) The ~~program~~provider is operated by a private, nonprofit	103901
organization or by a government entity;	103902

(2) For at least two years immediately preceding the date of	103903
application, the ~~program~~provider has been fully certified under	103904
section ~~3793.06~~5119.36 of the Revised Code;	103905

(3) The ~~program~~provider has not been denied a license to	103906
maintain methadone treatment or had its license withdrawn or	103907
revoked within the five-year period immediately preceding the date	103908
of application;	103909

(4) It affirmatively appears to the department that the	103910
~~program~~provider is adequately staffed and equipped to maintain	103911
methadone treatment;	103912

(5) It affirmatively appears to the department that the	103913
~~program~~provider will maintain methadone treatment in strict	103914
compliance with section 3719.61 of the Revised Code, all other	103915
laws relating to drug abuse, and the rules adopted by the	103916
department;	103917

(6) Except as provided in division (D) of this section, there	103918
is no public or private school, licensed child day-care center, or	103919
other child-serving agency within a radius of five hundred feet of	103920
the location where the program is to maintain methadone treatment.	103921

(D) The department may waive the requirement of division	103922
(C)(6) of this section if it receives, from each public or private	103923
school, licensed child day-care center, or other child-serving	103924
agency that is within the applicable radius of the location where	103925
the program is to maintain methadone treatment, a letter of	103926
support for the location. The department shall determine whether a	103927
letter of support is satisfactory for purposes of waiving the	103928
requirement.	103929

(E) A license to maintain methadone treatment shall expire	103930
one year from the date of issuance. Licenses may be renewed.	103931

(F) The department shall establish procedures and adopt rules	103932
for licensing, inspection, and supervision of ~~alcohol and drug~~	103933
community addiction ~~programs~~services providers that maintain	103934
methadone treatment. The rules shall establish standards for the	103935
control, storage, furnishing, use, and dispensing of methadone,	103936
prescribe minimum standards for the operation of the methadone	103937
treatment component of the ~~program,~~provider's operations and	103938
comply with federal laws and regulations.	103939

All rules adopted under this division shall be adopted in	103940
accordance with Chapter 119. of the Revised Code. All actions	103941
taken by the department regarding the licensing of ~~programs~~	103942
providers to maintain methadone treatment shall be conducted in	103943
accordance with Chapter 119. of the Revised Code, except as	103944
provided in division (L) of this section.	103945

(G) The department of ~~alcohol and drug addiction services~~	103946
mental health and addiction services shall inspect all ~~alcohol and~~	103947
~~drug~~community addiction ~~programs~~services providers licensed to	103948
maintain methadone treatment. Inspections shall be conducted at	103949
least annually and may be conducted more frequently. No person or	103950
government entity shall interfere with a state or local government	103951
official acting on behalf of the department while conducting an	103952
inspection.	103953

(H) An ~~alcohol and drug~~community addiction ~~program~~services	103954
provider shall not administer or dispense methadone in a tablet,	103955
powder, or intravenous form. Methadone shall be administered or	103956
dispensed only in a liquid form intended for ingestion. A ~~program~~	103957
services provider shall not administer or dispense methadone to an	103958
individual for pain or other medical reasons.	103959

(I) As used in this division, "program sponsor" means a	103960
person who assumes responsibility for the operation and employees	103961
of the methadone treatment component of ~~an alcohol and drug~~a	103962
community addiction ~~program~~services provider.	103963

~~An alcohol and drug~~A community addiction ~~program~~services	103964
provider shall not employ an individual who receives methadone	103965
treatment from that ~~program~~services provider. A program shall not	103966
permit an individual to act as a ~~program~~provider sponsor,	103967
medical director, or director of the ~~program~~provider if the	103968
individual is receiving methadone treatment from any ~~alcohol and~~	103969
~~drug~~community addiction ~~program~~services provider.	103970

(J) The department may issue orders to assure compliance with	103971
section 3719.61 of the Revised Code, all other laws relating to	103972
drug abuse, and the rules adopted under this section. Subject to	103973
section ~~3793.13~~5119.27 of the Revised Code, the department may	103974
hold hearings, require the production of relevant matter, compel	103975
testimony, issue subpoenas, and make adjudications. Upon failure	103976
of a person without lawful excuse to obey a subpoena or to produce	103977
relevant matter, the department may apply to a court of common	103978
pleas for an order compelling compliance.	103979

(K) The department may refuse to issue, or may withdraw or	103980
revoke, a license to maintain methadone treatment. A license may	103981
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	103982
services provider does not meet the requirements of division (C)	103983
of this section. A license may be withdrawn at any time the	103984
department determines that the program no longer meets the	103985
requirements for receiving the license. A license may be revoked	103986
in accordance with division (L) of this section.	103987

In the case of a license issued prior to ~~the effective date~~	103988
~~of this amendment~~December 20, 2012, the department shall not	103989
consider the requirement of division (C)(6) of this section in	103990
determining whether to renew, withdraw, or revoke the license.	103991

(L) If the department of ~~alcohol and drug addiction services~~	103992
mental health and addiction services finds reasonable cause to	103993
believe that ~~an alcohol and drug~~a community addiction ~~program~~	103994
services provider licensed under this section is in violation of	103995
any provision of section 3719.61 of the Revised Code, or of any	103996
other state or federal law or rule relating to drug abuse, the	103997
department may issue an order immediately revoking the license,	103998
subject to division (M) of this section. The department shall set	103999
a date not more than fifteen days later than the date of the order	104000
of revocation for a hearing on the continuation or cancellation of	104001
the revocation. For good cause, the department may continue the	104002
hearing on application of any interested party. In conducting	104003
hearings, the department has all the authority and power set forth	104004
in division (J) of this section. Following the hearing, the	104005
department shall either confirm or cancel the revocation. The	104006
hearing shall be conducted in accordance with Chapter 119. of the	104007
Revised Code, except that the ~~program~~provider shall not be	104008
permitted to maintain methadone treatment pending the hearing or	104009
pending any appeal from an adjudication made as a result of the	104010
hearing. Notwithstanding any provision of Chapter 119. of the	104011
Revised Code to the contrary, a court shall not stay or suspend	104012
any order of revocation issued by the director under this division	104013
pending judicial appeal.	104014

(M) The department shall not revoke a license to maintain	104015
methadone treatment unless all ~~clients~~services recipients	104016
receiving methadone treatment from the ~~alcohol and drug~~community	104017
addiction ~~program~~services provider are provided adequate	104018
substitute treatment. For purposes of this division, the	104019
department may transfer the ~~clients~~services recipients to other	104020
programs licensed to maintain methadone treatment or replace any	104021
or all of the administrators and staff of the ~~program~~provider	104022
with representatives of the department who shall continue on a	104023
provisional basis the methadone treatment component of the	104024
program.	104025

(N) Each time the department receives an application from an	104026
~~alcohol and drug~~a community addiction ~~program~~services provider	104027
for a license to maintain methadone treatment, issues or refuses	104028
to issue a license, or withdraws or revokes a license, the	104029
department shall notify the board of alcohol, drug addiction, and	104030
mental health services of each alcohol, drug addiction, and mental	104031
health service district in which the ~~program is operated~~provider	104032
operates.	104033

(O) Whenever it appears to the department from files, upon	104034
complaint, or otherwise, that ~~an alcohol and drug~~a community	104035
addiction ~~program~~services provider has engaged in any practice	104036
declared to be illegal or prohibited by section 3719.61 of the	104037
Revised Code, or any other state or federal laws or regulations	104038
relating to drug abuse, or when the department believes it to be	104039
in the best interest of the public and necessary for the	104040
protection of the citizens of the state, the department may	104041
request criminal proceedings by laying before the prosecuting	104042
attorney of the proper county any evidence of criminality which	104043
may come to its knowledge.	104044

(P) The department shall maintain a current list of ~~alcohol~~	104045
~~and drug~~community addiction ~~programs~~services providers licensed	104046
by the department under this section and shall provide a copy of	104047
the current list to a judge of a court of common pleas who	104048
requests a copy for the use of the judge under division (H) of	104049
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	104050
~~and drug~~community addiction ~~programs~~services providers shall	104051
identify each licensed ~~program~~provider by its name, its address,	104052
and the county in which it is located.	104053

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	104054
"mentally ill individual" and "specialized services" have the same	104055
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	104056

(B)(1) Except as provided in division (B)(2) of this section	104057
and rules adopted under division (E)(3) of this section, for	104058
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	104059
department of ~~mental health~~mental health and addiction services	104060
shall determine in accordance with ~~section 1919(e)(7) of~~ the	104061
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	104062
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	104063
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	104064
whether, because of the individual's physical and mental	104065
condition, a mentally ill individual seeking admission to a	104066
nursing facility requires the level of services provided by a	104067
nursing facility and, if the individual requires that level of	104068
services, whether the individual requires specialized services for	104069
mental illness. The determination required by this division shall	104070
be based on an independent physical and mental evaluation	104071
performed by a person or entity other than the department.	104072

(2) AExcept as provided in division (B)(3) of this section,	104073
a determination under ~~this~~ division (B)(1) of this section is not	104074
required for any of the following:	104075

(a) An individual seeking readmission to a nursing facility	104076
after having been transferred from a nursing facility to a	104077
hospital for care;	104078

(b) An individual who meets all of the following conditions:

104079

(i) The individual is admitted to the nursing facility	104080
directly from a hospital after receiving inpatient care at the	104081
hospital;	104082

(ii) The individual requires nursing facility services for	104083
the condition for which care in the hospital was received;	104084

(iii) The individual's attending physician has certified,	104085
before admission to the nursing facility, that the individual is	104086
likely to require less than thirty days of nursing facility	104087
services.	104088

(c) An individual transferred from one nursing facility to	104089
another nursing facility, with or without an intervening hospital	104090
stay.	104091

(3) A determination under division (B)(1) of this section is	104092
required for an individual described in division (B)(2)(a) or (b)	104093
of this section if the hospital from which the individual is	104094
transferred or directly admitted to a nursing facility is either	104095
of the following:	104096

(a) A hospital that the department maintains, operates,	104097
manages, and governs under section 5119.14 of the Revised Code for	104098
the care and treatment of mentally ill persons;	104099

(b) A free-standing hospital, or unit of a hospital, licensed	104100
by the department under section 5119.33 of the Revised Code.	104101

(C) Except as provided in rules adopted under division	104102
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	104103
health and addiction services shall review and determine for each	104104
resident of a nursing facility who is mentally ill, whether the	104105
resident, because of the resident's physical and mental condition,	104106
requires the level of services provided by a nursing facility and	104107
whether the resident requires specialized services for mental	104108
illness. The review and determination shall be conducted in	104109
accordance with section 1919(e)(7) of the "Social Security Act"	104110
and the regulations adopted under section 1919(f)(8)(A) of the act	104111
and based on an independent physical and mental evaluation	104112
performed by a person or entity other than the department. The	104113
review and determination shall be completed promptly after a	104114
nursing facility has notified the department that there has been a	104115
significant change in the resident's mental or physical condition.	104116

(D)(1) In the case of a nursing facility resident who has	104117
continuously resided in a nursing facility for at least thirty	104118
months before the date of a review and determination under	104119
division (C) of this section, if the resident is determined not to	104120
require the level of services provided by a nursing facility, but	104121
is determined to require specialized services for mental illness,	104122
the department, in consultation with the resident's family or	104123
legal representative and care givers, shall do all of the	104124
following:	104125

(a) Inform the resident of the institutional and	104126
noninstitutional alternatives covered under the state plan for	104127
medical assistance;	104128

(b) Offer the resident the choice of remaining in the nursing	104129
facility or receiving covered services in an alternative	104130
institutional or noninstitutional setting;	104131

(c) Clarify the effect on eligibility for services under the	104132
state plan for medical assistance if the resident chooses to leave	104133
the facility, including its effect on readmission to the facility;	104134

(d) Provide for or arrange for the provision of specialized	104135
services for the resident's mental illness in the setting chosen	104136
by the resident.	104137

(2) In the case of a nursing facility resident who has	104138
continuously resided in a nursing facility for less than thirty	104139
months before the date of the review and determination under	104140
division (C) of this section, if the resident is determined not to	104141
require the level of services provided by a nursing facility, but	104142
is determined to require specialized services for mental illness,	104143
or if the resident is determined to require neither the level of	104144
services provided by a nursing facility nor specialized services	104145
for mental illness, the department shall act in accordance with	104146
its alternative disposition plan approved by the United States	104147
department of health and human services under section	104148
1919(e)(7)(E) of the "Social Security Act."	104149

(3) In the case of an individual who is determined under	104150
division (B) or (C) of this section to require both the level of	104151
services provided by a nursing facility and specialized services	104152
for mental illness, the department of ~~mental health~~mental health	104153
and addiction services shall provide or arrange for the provision	104154
of the specialized services needed by the individual or resident	104155
while residing in a nursing facility.	104156

(E) The department of ~~mental health~~mental health and	104157
addiction services shall adopt rules in accordance with Chapter	104158
119. of the Revised Code that do all of the following:	104159

(1) Establish criteria to be used in making the	104160
determinations required by divisions (B) and (C) of this section.	104161
The criteria shall not exceed the criteria established by	104162
regulations adopted by the United States department of health and	104163
human services under section 1919(f)(8)(A) of the "Social Security	104164
Act."	104165

(2) Specify information to be provided by the individual or	104166
nursing facility resident being assessed;	104167

(3) Specify any circumstances, in addition to circumstances	104168
listed in division (B) of this section, under which determinations	104169
under divisions (B) and (C) of this section are not required to be	104170
made.	104171

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	104172
section ~~5119.691~~5119.411 of the Revised Code:	104173

(1) ~~"Long-term care consultation program" means the program~~	104174
~~the department of aging is required to develop under section~~	104175
~~173.42 of the Revised Code.~~	104176

~~(2) "Long-term care consultation program administrator" or~~	104177
~~"administrator" means the department of aging or, if the~~	104178
~~department contracts with an area agency on aging or other entity~~	104179
~~to administer the long-term care consultation program for a~~	104180
~~particular area, that agency or entity.~~	104181

~~(3)~~ "Nursing facility" has the same meaning as in section	104182
~~5111.20~~5165.01 of the Revised Code.	104183

~~(4)~~(2) "Residential state supplement administrative agency"	104184
means the department of ~~mental health~~mental health and addiction	104185
services or, if the department designates an entity under division	104186
(C) of this section for a particular area, the designated entity.	104187

~~(5)~~(3) "Residential state supplement program" means the	104188
program administered pursuant to this section.	104189

(B) The department of ~~mental health~~mental health and	104190
addiction services shall implement the residential state	104191
supplement program under which the state supplements the	104192
supplemental security income payments received by aged, blind, or	104193
disabled adults under Title XVI of the "Social Security Act," 49	104194
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	104195
state supplement payments shall be used for the provision of	104196
accommodations, supervision, and personal care services to social	104197
security, supplemental security income, and social security	104198
disability insurance recipients who the department determines are	104199
at risk of needing institutional care.	104200

(C) In implementing the program, the department may designate	104201
one or more entities to be responsible for providing	104202
administrative services regarding the program. The department may	104203
designate an entity to be a residential state supplement	104204
administrative agency under this division either by entering into	104205
a contract with the entity to serve in that capacity or by	104206
otherwise delegating to the entity the responsibility to serve in	104207
that capacity.	104208

(D) For an individual to be eligible for residential state	104209
supplement payments, all of the following must be the case:	104210

(1) Except as provided by division (H) of this section, the	104211
individual must reside in one of the following:	104212

(a) A ~~home or~~residential care facility~~, other than a nursing~~	104213
~~home or nursing home unit of a home for the aging,~~ licensed by the	104214
department of health under Chapter 3721. of the Revised Code or an	104215
assisted living program as defined in section 5111.89 of the	104216
Revised Code;	104217

(b) A residential facility as defined in division (A)(9)(b)	104218
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	104219
department of ~~mental health~~mental health and addiction services;	104220

(c) An apartment or room used to provide community mental	104221
health housing services certified by the department of ~~mental~~	104222
~~health~~mental health and addiction services under section ~~5119.611~~	104223
5119.36 of the Revised Code and approved by a board of alcohol,	104224
drug addiction, and mental health services under division (A)(14)	104225
of section 340.03 of the Revised Code.	104226

(2) A residential state supplement administrative agency must	104227
have determined that the environment in which the individual will	104228
be living while receiving the payments is appropriate for the	104229
individual's needs. If the individual is eligible for social	104230
security payments, supplemental security income payments, or	104231
social security disability insurance benefits because of a mental	104232
disability, the residential state supplement administrative agency	104233
shall refer the individual to a community mental health ~~agency~~	104234
services provider for an assessment under division (A) of section	104235
340.091 of the Revised Code.	104236

(3) The individual satisfies all eligibility requirements	104237
established by rules adopted under division (E) of this section.	104238

(E) The ~~directors~~director of ~~mental health~~mental health and	104239
addiction services and ~~job and family services~~medicaid director	104240
shall adopt rules in accordance with section 111.15 of the Revised	104241
Code as necessary to implement the residential state supplement	104242
program.	104243

To the extent permitted by Title XVI of the "Social Security	104244
Act," and any other provision of federal law, the medicaid	104245
director ~~of job and family services~~ may adopt rules establishing	104246
standards for adjusting the eligibility requirements concerning	104247
the level of impairment a person must have so that the amount	104248
appropriated for the program by the general assembly is adequate	104249
for the number of eligible individuals. The rules shall not limit	104250
the eligibility of disabled persons solely on a basis classifying	104251
disabilities as physical or mental. The medicaid director ~~of job~~	104252
~~and family services~~ also may adopt rules that establish	104253
eligibility standards for aged, blind, or disabled individuals who	104254
reside in one of the homes or facilities specified in division	104255
(D)(1) of this section but who, because of their income, do not	104256
receive supplemental security income payments. The rules may	104257
provide that these individuals may include individuals who receive	104258
other types of benefits, including, social security payments or	104259
social security disability insurance benefits provided under Title	104260
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	104261
401, ~~as amended~~et seq. Notwithstanding division (B) of this	104262
section, such payments may be made if funds are available for	104263
them.	104264

The director of ~~mental health~~mental health and addiction	104265
services may adopt rules establishing the method to be used to	104266
determine the amount an eligible individual will receive under the	104267
program. The amount the general assembly appropriates for the	104268
program may be a factor included in the method that director	104269
establishes.	104270

(F) The county department of job and family services of the	104271
county in which an applicant for the residential state supplement	104272
program resides shall determine whether the applicant meets income	104273
and resource requirements for the program.	104274

(G) The department of ~~mental health~~mental health and	104275
addiction services shall maintain a waiting list of any	104276
individuals eligible for payments under this section but not	104277
receiving them because moneys appropriated to the department for	104278
the purposes of this section are insufficient to make payments to	104279
all eligible individuals. An individual may apply to be placed on	104280
the waiting list even though the individual does not reside in one	104281
of the homes or facilities specified in division (D)(1) of this	104282
section at the time of application. The director of ~~mental health~~	104283
mental health and addiction services, by rules adopted in	104284
accordance with Chapter 119. of the Revised Code, may specify	104285
procedures and requirements for placing an individual on the	104286
waiting list and priorities for the order in which individuals	104287
placed on the waiting list are to begin to receive residential	104288
state supplement payments. The rules specifying priorities may	104289
give priority to individuals placed on the waiting list on or	104290
after July 1, 2006, who receive social security payments, social	104291
security disability insurance, or supplemental security income	104292
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	104293
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	104294
not affect the place on the waiting list of any person who was on	104295
the list on July 1, 2006. The rules specifying priorities may also	104296
set additional priorities based on living arrangement, such as	104297
whether an individual resides in a facility listed in division	104298
(D)(1) of this section or has been admitted to a nursing facility.	104299

(H) An individual in a licensed or certified living	104300
arrangement receiving state supplementation on November 15, 1990,	104301
under former section 5101.531 of the Revised Code shall not become	104302
ineligible for payments under this section solely by reason of the	104303
individual's living arrangement as long as the individual remains	104304
in the living arrangement in which the individual resided on	104305
November 15, 1990.	104306

(I) The ~~department of mental health~~county department of job	104307
and family services from which the person is receiving benefits	104308
shall notify each person denied approval for payments under this	104309
section of the person's right to a hearing. On request, the	104310
hearing shall be provided in accordance with Chapter 119. of the	104311
Revised Code.	104312

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	104313
the department of ~~mental health~~mental health and addiction	104314
services, each residential state supplement administrative agency	104315
shall determine whether individuals who reside in the area that	104316
the agency serves and are on a waiting list for the residential	104317
state supplement program have been admitted to a nursing facility.	104318
IfThe department shall have a process in place to ensure that if	104319
a residential state supplement administrative agency determines	104320
that such an individual has been admitted to a nursing facility,	104321
~~the agency shall notify the long-term care consultation program~~	104322
~~administrator serving the area in which the individual resides~~	104323
~~about the determination. The administrator shall determine~~there	104324
shall be a determination whether the residential state supplement	104325
program is appropriate for the individual and whether the	104326
individual would rather participate in the program than continue	104327
residing in the nursing facility. If ~~the administrator determines~~	104328
it is determined that the residential state supplement program is	104329
appropriate for the individual and the individual would rather	104330
participate in the program than continue residing in the nursing	104331
facility, the ~~administrator shall so notify the department of~~	104332
~~mental health. On receipt of the notice from the administrator,~~	104333
~~the~~ department of ~~mental health~~mental health and addiction	104334
services shall approve the individual's enrollment in the	104335
residential state supplement program in accordance with the	104336
priorities specified in rules adopted under division (G) of	104337
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	104338
a waiting list is in place, the department of ~~mental health~~mental	104339
health and addiction services shall certify to the director of	104340
budget and management the estimated increase in costs of the	104341
residential state supplement program resulting from enrollment of	104342
individuals in the program pursuant to this section.	104343

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	104344
nonprofit organization" means a private association, organization,	104345
corporation, or other entity that is tax exempt under section	104346
501(a) and described in section 501(c) of the "Internal Revenue	104347
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	104348

(B) To the extent funds are available and on application by	104349
boards of alcohol, drug addiction, and mental health services, the	104350
director of ~~mental health~~mental health and addiction services may	104351
approve state reimbursement of, or state grants for, community	104352
~~mental health~~ construction programs including residential housing	104353
for severely mentally disabled persons and persons with substance	104354
use disorders. The director may also approve an application for	104355
reimbursement or a grant for such programs submitted by other	104356
governmental entities or by private, nonprofit organizations,	104357
after the application has been reviewed and recommended for	104358
approval or disapproval by the board of alcohol, drug addiction,	104359
and mental health services for the district from which the	104360
application came, and the application is consistent with the plan	104361
submitted by the board under division (A) of section 340.03 of the	104362
Revised Code and the budget and statement of services submitted by	104363
the board under divisions (A) and (B) of section 340.08 of the	104364
Revised Code.	104365

(C)(1) The director of ~~mental health~~mental health and	104366
addiction services shall adopt rules in accordance with Chapter	104367
119. of the Revised Code that specify procedures for applying for	104368
state reimbursement of and state grants for community construction	104369
programs, including residential housing for severely mentally	104370
disabled persons and persons with substance use disorders and	104371
procedures and criteria for approval of such reimbursement and	104372
grants.	104373

(2) The director of ~~mental health~~mental health and addiction	104374
services shall not approve state reimbursement or a state grant	104375
unless all of the following conditions are met:	104376

(a) The applicant includes with the application a plan	104377
specifying the services, in addition to housing, that will be	104378
provided to persons who will reside in the residential housing.	104379
Services specified may include any of the services ~~listed~~	104380
described in section 340.09 of the Revised Code.	104381

(b) The director is satisfied that the residential housing	104382
for severely mentally disabled persons will be developed to	104383
promote the maximum practical integration of severely mentally	104384
disabled persons with persons at the same site who are not	104385
severely mentally disabled.	104386

(c) The use of any funds distributed pursuant to the	104387
reimbursement or grant will not subject any obligation from which	104388
the funds are derived to federal income taxation.	104389

(3) The director may enter into an agreement establishing	104390
terms for any reimbursement or grant approved under this division	104391
with the organization, board, or other government entity that is	104392
the recipient of the reimbursement or grant. Any such agreement is	104393
subject to any covenant or agreement pertaining to any obligation	104394
issued to provide funds for the reimbursement or grant.	104395

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	104396
of alcohol, drug addiction, and mental health services, another	104397
governmental entity, or a private, nonprofit organization that	104398
received a grant or reimbursement under section ~~5119.63~~5119.42 of	104399
the Revised Code for a facility on which the department of ~~mental~~	104400
~~health~~mental health and addiction services holds a security	104401
interest.	104402

(B) A board of alcohol, drug addiction, and mental health	104403
services, another governmental entity, or a private, nonprofit	104404
organization to which this section applies may apply to the	104405
director of ~~mental health~~mental health and addiction services for	104406
approval to sell its facility and acquire, construct, or renovate	104407
a replacement facility pursuant to this section. The director	104408
shall prescribe the form of the application. Before submitting an	104409
application to the director, a governmental entity or private,	104410
nonprofit organization must obtain approval of the application	104411
from the board of alcohol, drug addiction, and mental health	104412
services with jurisdiction over the service district in which the	104413
existing facility is located. The director shall approve an	104414
application for a replacement project upon determining that the	104415
project provides for the continuation of appropriate mental health	104416
and addiction services to the population served by the board,	104417
entity, or organization.	104418

(C) A board, entity, or organization that obtains approval	104419
for a project under division (B) of this section shall pay the	104420
proceeds of the sale of its facility to the director of ~~mental~~	104421
~~health~~mental health and addiction services. The director shall	104422
deposit the proceeds to the credit of the community capital	104423
replacement facilities fund.	104424

(D) When a board, entity, or organization that has sold its	104425
facility notifies the director of ~~mental health~~mental health and	104426
addiction services that it is ready to acquire, construct, or	104427
renovate a replacement facility, the director shall do one of the	104428
following:	104429

(1) If the replacement facility is located in the same	104430
alcohol, drug addiction, and mental health service district as the	104431
original facility, and if the purposes for which the replacement	104432
facility will be used are the same as or similar to those for the	104433
original facility, the director shall pay to the board, entity, or	104434
organization from the community capital replacement facilities	104435
fund an amount equal to the lesser of an amount equal to the	104436
proceeds of the sale of the original facility or the amount of the	104437
state's agreed-upon participation (as a per cent of the total	104438
cost) in the cost of the replacement facility. If the amount of	104439
the state's agreed-upon participation in the cost of the	104440
replacement facility is less than the value of the state's	104441
security interest in the original facility, the difference between	104442
the state's agreed-upon participation in the cost of the	104443
replacement facility and the value of the state's security	104444
interest in the original facility shall be retained in the	104445
community capital replacement facilities fund, and any excess	104446
proceeds shall be paid to the board, entity, or organization.	104447

(2) If the replacement facility is located in a different	104448
alcohol, drug addiction, and mental health service district than	104449
the original facility, or if the purposes for which the	104450
replacement facility will be used are not the same as or similar	104451
to those for the original facility, the director shall request	104452
controlling board approval for release of funds for the project.	104453
If the controlling board so approves, the director shall pay to	104454
the board, entity, or organization from the community capital	104455
replacement facilities fund the lesser of an amount equal to the	104456
proceeds of the sale of the original facility or the amount of the	104457
state's agreed-upon participation (as a per cent of the total	104458
cost) in the cost of the replacement facility. ifIf the amount of	104459
the state's agreed-upon participation in the cost of the	104460
replacement facility is less than the value of the state's	104461
security interest in the original facility, the difference between	104462
the state's agreed-upon participation in the cost of the	104463
replacement facility and the value of the state's security	104464
interest in the original facility shall be retained in the	104465
community capital replacement facilities fund, and any excess	104466
proceeds shall be paid to the board, entity, or organization.	104467

(E) The director of ~~mental health~~mental health and addiction	104468
services and a board, entity, or organization shall enter into an	104469
agreement specifying the terms of any payment made to the board,	104470
entity, or organization under division (D) of this section. The	104471
terms may include provision for the department of ~~mental health~~	104472
mental health and addiction services to hold a security interest	104473
in the facility.	104474

(F)(1) When approving an application under division (B) of	104475
this section, the director of ~~mental health~~mental health and	104476
addiction services shall establish a deadline by which the board,	104477
entity, or organization must notify the director that it is ready	104478
to acquire, construct, or renovate a replacement facility. If the	104479
board, entity, or organization does not notify the director on or	104480
before the deadline, the director may cancel the project. Upon	104481
canceling the project, the director shall pay to the board,	104482
entity, or organization from the community capital replacement	104483
facilities fund an amount equal to the portion of the proceeds of	104484
the sale of the original facility that exceeds the value of the	104485
state's security interest in the facility.	104486

(2) Notwithstanding the deadline established under division	104487
(F)(1) of this section, if at any time a board, entity, or	104488
organization notifies the director that it does not intend to	104489
acquire, construct, or renovate a replacement facility under this	104490
section, the director shall cancel the replacement project and pay	104491
to the board, entity, or organization from the community capital	104492
replacement facilities fund an amount equal to the portion of the	104493
proceeds of the sale of the original facility that exceeds the	104494
value of the state's security interest in the facility.	104495

(G) If a replacement project is canceled after the sale of	104496
the original facility, the director of ~~mental health~~mental health	104497
and addiction services shall use funds equal to the value of the	104498
state's security interest in the original facility for additional	104499
grants or reimbursements under section ~~5119.63~~5119.42 of the	104500
Revised Code. The director shall obtain the approval of the	104501
controlling board before releasing the additional grants or	104502
reimbursements.	104503

(H) The community capital replacement facilities fund is	104504
hereby created in the state treasury. The director of ~~mental~~	104505
~~health~~mental health and addiction services shall use the fund for	104506
the purposes of this section.	104507

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	104508
has the same meaning as in section 2305.2341 of the Revised Code.	104509

(A) The department of ~~mental health~~mental health and	104510
addiction services may provide certain goods and services for the	104511
department of ~~mental health~~mental health and addiction services,	104512
the department of developmental disabilities, the department of	104513
rehabilitation and correction, the department of youth services,	104514
and other state, county, or municipal agencies requesting such	104515
goods and services when the department of ~~mental health~~mental	104516
health and addiction services determines that it is in the public	104517
interest, and considers it advisable, to provide these goods and	104518
services. The department of ~~mental health~~mental health and	104519
addiction services also may provide goods and services to agencies	104520
operated by the United States government and to public or private	104521
nonprofit agencies, other than free clinics, that are funded in	104522
whole or in part by the state if the public or private nonprofit	104523
agencies are designated for participation in this program by the	104524
director of ~~mental health~~mental health and addiction services	104525
for community addiction services providers and community mental	104526
health ~~agencies~~services providers, the director of developmental	104527
disabilities for community mental retardation and developmental	104528
disabilities agencies, the director of rehabilitation and	104529
correction for community rehabilitation and correction agencies,	104530
or the director of youth services for community youth services	104531
agencies.	104532

Designated community agencies or services providers shall	104533
receive goods and services through the department of ~~mental health~~	104534
mental health and addiction services only in those cases where the	104535
designating state agency certifies that providing such goods and	104536
services to the agency or services provider will conserve public	104537
resources to the benefit of the public and where the provision of	104538
such goods and services is considered feasible by the department	104539
of ~~mental health~~mental health and addiction services.	104540

(B) The department of ~~mental health~~mental health and	104541
addiction services may permit free clinics to purchase certain	104542
goods and services to the extent the purchases fall within the	104543
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	104544
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	104545
amended.	104546

(C) The goods and services that may be provided by the	104547
department of ~~mental health~~mental health and addiction services	104548
under divisions (A) and (B) of this section may include:	104549

(1) Procurement, storage, processing, and distribution of	104550
food and professional consultation on food operations;	104551

(2) Procurement, storage, and distribution of medical and	104552
laboratory supplies, dental supplies, medical records, forms,	104553
optical supplies, and sundries, subject to section 5120.135 of the	104554
Revised Code;	104555

(3) Procurement, storage, repackaging, distribution, and	104556
dispensing of drugs, the provision of professional pharmacy	104557
consultation, and drug information services;	104558

(4) Other goods and services.

104559

(D) The department of ~~mental health~~mental health and	104560
addiction services may provide the goods and services designated	104561
in division (C) of this section to its institutions and to	104562
state-operated community-based mental health or addiction services	104563
providers.	104564

(E) After consultation with and advice from the director of	104565
developmental disabilities, the director of rehabilitation and	104566
correction, and the director of youth services, the department of	104567
~~mental health~~mental health and addiction services may provide the	104568
goods and services designated in division (C) of this section to	104569
the department of developmental disabilities, the department of	104570
rehabilitation and correction, and the department of youth	104571
services.	104572

(F) The cost of administration of this section shall be	104573
determined by the department of ~~mental health~~mental health and	104574
addiction services and paid by the agencies, services providers,	104575
or free clinics receiving the goods and services to the department	104576
for deposit in the state treasury to the credit of the ~~mental~~	104577
~~health~~office of support services fund, which is hereby created.	104578
The fund shall be used to pay the cost of administration of this	104579
section to the department.	104580

(G) Whenever a state agency fails to make a payment for goods	104581
and services provided under this section within thirty-one days	104582
after the date the payment was due, the office of budget and	104583
management may transfer moneys from the state agency to the	104584
department of ~~mental health~~mental health and addiction services.	104585
The amount transferred shall not exceed the amount of overdue	104586
payments. Prior to making a transfer under this division, the	104587
office of budget and management shall apply any credits the state	104588
agency has accumulated in payments for goods and services provided	104589
under this section.	104590

(H) Purchases of goods and services under this section are	104591
not subject to section 307.86 of the Revised Code.	104592

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	104593
provided by law, all moneys received by the department of ~~mental~~	104594
~~health~~mental health and addiction services from the sale of goods	104595
and services, including, but not limited to, shared service	104596
agreements with other governmental entities and nongovernmental	104597
entities, employee housing and cafeteria receipts, fees for	104598
copying services, and sales of other tangible personal property	104599
under the department's control, shall be paid into the state	104600
treasury to the credit of the sale of goods and services fund,	104601
which is hereby created. Moneys received by the department	104602
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	104603
be paid into the fund. The department shall use the moneys in the	104604
fund for paying operating expenses of the department.	104605

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	104606
treasury the department of ~~mental health~~mental health and	104607
addiction services trust fund. Not later than the first day of	104608
September of each year, the director of ~~mental health~~mental	104609
health and addiction services shall certify to the director of	104610
budget and management the amount of all of the unexpended,	104611
unencumbered balances of general revenue fund appropriations made	104612
to the department of ~~mental health~~mental health and addiction	104613
services for the previous fiscal year, excluding funds	104614
appropriated for rental payments to the Ohio public facilities	104615
commission. On receipt of the certification, the director of	104616
budget and management shall transfer cash to the trust fund in an	104617
amount up to, but not exceeding, the total of the amounts	104618
certified by the director of ~~mental health~~mental health and	104619
addiction services.	104620

In addition, the trust fund shall receive all amounts,	104621
subject to any provisions in bond documents, received from the	104622
sale or lease of lands and facilities by the department.	104623

All moneys in the trust fund shall be used by the department	104624
of ~~mental health~~mental health and addiction services to pay for	104625
expenditures the department incurs in performing any of its duties	104626
under this chapter. The use of moneys in the trust fund pursuant	104627
to this section does not represent an ongoing commitment to the	104628
continuation of the trust fund or to the use of moneys in the	104629
trust fund.	104630

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	104631
~~addiction services~~mental health and addiction services shall	104632
administer the problem casino gambling and addictions fund. The	104633
director shall use the money in the fund to support ~~programs that~~	104634
~~provide~~ gambling addiction services, alcohol and drug addiction	104635
~~programs that provide alcohol and drug addiction~~ services, other	104636
~~programs~~services that relate to gambling addiction and substance	104637
abuse, and research that relates to gambling addiction and	104638
substance abuse. Treatment and prevention services ~~provided under~~	104639
~~programs~~ supported by money in the fund under this section shall	104640
be services that are ~~provided by alcohol and drug addiction~~	104641
~~treatment programs~~ certified by the department of ~~alcohol and~~	104642
~~drug addiction services or provided by counselors who are~~	104643
~~certified by the department~~mental health and addiction services.	104644
~~Prevention services provided under programssupported by money in~~	104645
~~the fund under this section shall be services that are provided by~~	104646
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	104647
~~department of alcohol and drug addiction services.~~	104648

The director shall prepare an annual report describing the	104649
use of the fund for these purposes. The director shall submit the	104650
report to the Ohio casino control commission, the speaker and	104651
minority leader of the house of representatives, the president and	104652
minority leader of the senate, the governor, and the joint	104653
committee on gaming and wagering.	104654

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	104655
~~addiction services~~mental health and addiction services shall	104656
collaborate with the state board of pharmacy and attorney general	104657
in the establishment and administration of a drug take-back	104658
program, as provided under section 4729.69 of the Revised Code.	104659

(B) The department may accept grants, gifts, or donations for	104660
purposes of the program. Money received under this division shall	104661
be deposited into the drug take-back program fund established	104662
under section 109.90 of the Revised Code.	104663

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	104664
health and addiction services may accept, hold, and administer in	104665
trust on behalf of the state, if it is for the public interest,	104666
any grant, gift, devise, or bequest of money or property made to	104667
the state for the use or benefit of any institution described in	104668
section ~~5119.02~~5119.14 of the Revised Code or for the use and	104669
benefit of mentally ill persons under its control. If the trust so	104670
provides, the money or property may be used for any work which the	104671
department of ~~mental health~~mental health and addiction services	104672
is authorized to undertake.	104673

The department shall keep such gift, grant, devise, or	104674
bequest as a distinct property or fund and, if it is in money,	104675
shall invest it in the manner provided by law. The department may	104676
deposit in a proper trust company or savings bank any money left	104677
in trust during a specified life or lives and shall adopt rules	104678
governing the deposit, transfer, withdrawal, or investment of such	104679
money and the income thereof.	104680

The department shall, in the manner prescribed by the	104681
director of budget and management pursuant to section 126.21 of	104682
the Revised Code, account for all money or property received or	104683
expended under this section. The records, together with a	104684
statement certified by the depository showing the funds deposited	104685
there to the credit of the trust, shall be open to public	104686
inspection. The director of budget and management may require the	104687
department to file a report with ~~him~~the director on any	104688
particular portion, or the whole, of any trust property received	104689
or expended by it.	104690

The department shall, upon the expiration of any trust	104691
according to its terms, dispose of the funds or property held	104692
thereunder in the manner provided in the instrument creating the	104693
trust. If the instrument creating the trust failed to make any	104694
terms of disposition, or if no trust was in evidence, then the	104695
decedent patient's money, saving or commercial deposits, dividends	104696
or distributions, bonds, or any other interest-bearing debt	104697
certificate or stamp issued by the United States government shall	104698
escheat to the state. All such unclaimed intangible personal	104699
property of a former patient shall be retained by the managing	104700
officer in such institution for the period of one year, during	104701
which time every possible effort shall be made to find such former	104702
patient or ~~his~~the former patient's legal representative.	104703

If, after a period of one year from the time the patient has	104704
left the institution or has died, the managing officer has been	104705
unable to locate such person or ~~his~~the person's legal	104706
representative, then upon proper notice of such fact the director	104707
shall at that time formulate in writing a method of disposition on	104708
the minutes of the department authorizing the managing officer to	104709
convert such intangible personal property to cash to be paid into	104710
the state treasury to the credit of the general revenue fund.	104711

The department shall include in its annual report a statement	104712
of all money and property and the terms and conditions relating	104713
thereto.	104714

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	104715
"supplemental services" has the same meaning as in section 5815.28	104716
of the Revised Code.	104717

(B) There is hereby created in the state treasury the	104718
services fund for individuals with mental illness. On the death of	104719
the beneficiary of a trust created pursuant to section 5815.28 of	104720
the Revised Code, the portion of the remaining assets of the trust	104721
specified in the trust instrument shall be deposited to the credit	104722
of the fund. Money credited to the fund shall be used for	104723
individuals with mental illness.	104724

Supplemental services may be provided through the department	104725
or boards of alcohol, drug addiction, and mental health services.	104726
In accordance with Chapter 119. of the Revised Code, the	104727
department of ~~mental health~~mental health and addiction services	104728
may adopt any rules necessary to implement this section.	104729

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	104730
institution under the jurisdiction of the department of ~~mental~~	104731
~~health~~mental health and addiction services as described in	104732
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	104733
the director of ~~mental health~~mental health and addiction	104734
services, may establish local institution funds designated as	104735
follows:	104736

(A) Industrial and entertainment fund created and maintained	104737
for the entertainment and welfare of the patients of the	104738
institution. The director shall establish rules for the operation	104739
of the industrial and entertainment fund.	104740

(B) Commissary fund created and maintained for the benefit of	104741
patients in the institution. Commissary revenue over and above	104742
operating costs and reserve shall be considered profits. All	104743
profits from the commissary fund operations shall be paid into the	104744
industrial and entertainment fund and used only for the	104745
entertainment and ~~wel fare~~welfare of patients. The director shall	104746
establish rules for the operation of the commissary fund.	104747

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	104748
charge of all funds under the jurisdiction of the department of	104749
~~mental health~~mental health and addiction services and shall pay	104750
out the same only in accordance with this chapter.	104751

The department shall cause to be furnished a contract of	104752
indemnity to cover all funds received by it or by its managing	104753
officers, employees, or agents while the funds are in the	104754
possession of such managing officers, employees or agents. Such	104755
funds are designated as follows:	104756

(A) Funds which are due and payable to the treasurer of state	104757
as provided by Chapter 131. of the Revised Code;	104758

(B) Those funds which are held in trust by the managing	104759
officers, employees, or agents of the institution as local funds	104760
or accounts under the jurisdiction of the department.	104761

Such contract of indemnity shall be made payable to the state	104762
and the premium for such contract of indemnity may be paid from	104763
any of the moneys received for the use of the department under	104764
this chapter and Chapters 5121. and 5122. of the Revised Code.	104765

Funds collected from various sources, such as the sale of	104766
goods, and all miscellaneous articles, shall be transmitted on or	104767
before Monday of each week to the treasurer of state and a	104768
detailed statement of such collections shall be made to the	104769
department.	104770

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	104771
mental health and addiction services may pay an amount for	104772
personal use to each individual residing in a state institution as	104773
described in section ~~5119.02~~5119.14 of the Revised Code who would	104774
be eligible for supplemental security income benefits at the	104775
reduced rate established by Title XVI of the "Social Security	104776
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	104777
seq., if the ~~state plan for providing medical assistance under~~	104778
~~section 5111.01 of the Revised Code included reimbursement of~~	104779
medicaid program covers services provided in such institutions.	104780
The amount paid by the department shall not exceed the reduced	104781
supplemental security income benefit rate established by Title XVI	104782
of the "Social Security Act."	104783

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	104784
managing officers of institutions under the jurisdiction of the	104785
department of ~~mental health~~mental health and addiction services	104786
by any patient under the department's control or by relatives,	104787
guardians, conservators, and others for the special benefit of	104788
such patient, as well as all other funds and all other income paid	104789
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	104790
behalf, or paid to the managing officer or to the institution as	104791
representative payee or otherwise paid on the patient's behalf,	104792
shall remain in the hands of such officers in appropriate accounts	104793
for use accordingly. The managing officer shall keep itemized book	104794
accounts of the receipt and disposition of such money and	104795
property, which book shall be open at all times to the inspection	104796
of the department. The director of ~~mental health~~mental health	104797
and addiction services shall adopt rules governing the deposit,	104798
transfer, withdrawal, or investment of the funds and the income	104799
thereof, as well as rules under which such funds and income shall	104800
be paid by managing officers for the support of the patients	104801
pursuant to Chapter 5121. of the Revised Code, or for their other	104802
needs.	104803

Whenever any patient confined in any state institution	104804
subject to the jurisdiction of the department dies, escapes, or is	104805
discharged from such institution, and any personal funds of such	104806
person remain in the hands of the managing officer thereof and no	104807
demand for such funds is made upon such managing officer by the	104808
owner of the funds or ~~his~~the owner's legally appointed	104809
representative, the managing officer shall hold the funds in the	104810
personal deposit fund for a period of at least one year during	104811
which time the managing officer shall make every effort possible	104812
to locate the owner or ~~his~~the owner's legally appointed	104813
representative.	104814

If at the end of this period no demand has been made for the	104815
funds, the managing officer shall dispose of the funds as follows:	104816

(A) All money in a personal deposit fund in excess of ten	104817
dollars due for the support of a patient shall be paid in	104818
accordance with the provisions of Chapter 5121. of the Revised	104819
Code.	104820

(B) All money in a personal deposit fund in excess of ten	104821
dollars not due for the support of a patient shall be placed to	104822
the credit of the institution's local account designated as the	104823
"industrial and entertainment" fund.	104824

(C) The first ten dollars to the credit of a patient shall be	104825
placed to the credit of the institution's local account designated	104826
as the "industrial and entertainment" fund.	104827

Whenever any patient in any state institution subject to the	104828
jurisdiction of the department dies, escapes, or is discharged	104829
from such institution, and any personal effects of such person	104830
remain in the hands of the managing officer thereof, and no demand	104831
is made upon such managing officer by the owner of the property or	104832
~~his~~the owner's legally appointed representative, the managing	104833
officer shall hold and dispose of such property in the following	104834
manner.	104835

All the miscellaneous personal effects shall be held for a	104836
period of at least one year, during which time the managing	104837
officer shall make every effort possible to locate the owner or	104838
~~his~~the owner's legal representative. If at the end of this	104839
period, no demand has been made by the owner of the property or	104840
~~his~~the owner's legal representative, the managing officer shall	104841
file with the county recorder of the county of commitment of such	104842
owner, all deeds, wills, contract mortgages, or assignments. The	104843
balance of the personal effects shall be sold at public auction	104844
after being duly advertised, and the funds turned over to the	104845
treasurer of state for credit to the general revenue fund. If any	104846
of the property is not of a type to be filed with the county	104847
recorder and is not salable at public auction, then the managing	104848
officer of the institution shall destroy such property.	104849

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	104850
department of ~~mental health~~mental health and addiction services	104851
shall submit an annual report to the governor that shall describe	104852
the services the department offers and how appropriated funds have	104853
been spent. The report shall include ~~the~~all of the following:	104854

(A) The utilization of state hospitals by each alcohol, drug	104855
addiction, and mental health service district~~, the~~;	104856

(B) The number of persons served by community addiction	104857
services providers that receive funds distributed by the	104858
department, with a breakdown into categories including age, sex,	104859
race, the type of drug to which the person is addicted, and any	104860
other categories the director of mental health and addiction	104861
services considers significant;	104862

(C) The number of severely mentally disabled persons served	104863
in each district~~, and the~~;	104864

(D) The number and types of services provided to severely	104865
mentally disabled persons through state-operated services and	104866
community mental health ~~agencies~~services providers;	104867

(E) A report measuring the success of community addiction	104868
services providers, based on the measures for accountability	104869
developed by the department, including the percentage of persons	104870
served by such community addiction services providers who have not	104871
relapsed;	104872

(F) Any other information that the director considers	104873
significant or is requested by the governor.	104874

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	104875
~~addiction services~~mental health and addiction services shall	104876
collect and compile statistics and other information on the care	104877
and treatment of mentally disabled persons, and the care,	104878
treatment, and rehabilitation of alcoholics, drug dependent	104879
persons, and persons in danger of drug dependence in this state,	104880
including, without limitation, information on the number of such	104881
persons, the type of drug involved, the type of care, treatment,	104882
or rehabilitation prescribed or undertaken, and the success or	104883
failure of the care, treatment, or rehabilitation. The department	104884
shall collect information about services delivered and persons	104885
served as required for reporting and evaluation relating to state	104886
and federal funds expended for such purposes.	104887

(B) No alcohol or, drug addiction ~~program~~, or mental health	104888
services provider shall fail to supply statistics and other	104889
information within its knowledge and with respect to its ~~programs~~	104890
services, upon request of the department.	104891

(C) Communications by a person seeking aid in good faith for	104892
alcoholism or drug dependence are confidential, and this section	104893
does not require the collection or permit the disclosure of	104894
information which reveals or comprises the identity of any person	104895
seeking aid.	104896

(D) Based on the information collected and compiled under	104897
division (A) of this section, the department shall develop a	104898
project to assess the outcomes of persons served by alcohol and	104899
drug addiction ~~programs~~services providers and mental health	104900
services providers that receive funds distributed by the	104901
department.	104902

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	104903
health" is hereby ratified, enacted into law, and entered into by	104904
the state of Ohio as a party thereto with any other state which	104905
has legally joined in the compact as follows:	104906

INTERSTATE COMPACT ON MENTAL HEALTH	104907

The contracting states solemnly agree that:

104908

Article I	104909

The party states find that the proper and expeditious	104910
treatment of the mentally ill and mentally retarded can be	104911
facilitated by cooperative action, to the benefit of the patients,	104912
their families, and society as a whole. Further, the party states	104913
find that the necessity of and desirability for furnishing such	104914
care and treatment bears no primary relation to the residence or	104915
citizenship of the patient but that, on the contrary, the	104916
controlling factors of community safety and humanitarianism	104917
require that facilities and services be made available for all who	104918
are in need of them. Consequently, it is the purpose of this	104919
compact and of the party states to provide the necessary legal	104920
basis for the institutionalization or other appropriate care and	104921
treatment of the mentally ill and mentally retarded under a system	104922
that recognizes the paramount importance of patient welfare and to	104923
establish the responsibilities of the party states in terms of	104924
such welfare.	104925

Article II	104926

As used in this compact:

104927

(a) "Sending state" shall mean a party state from which a	104928
patient is transported pursuant to the provisions of the compact	104929
or from which it is contemplated that a patient may be so sent.	104930

(b) "Receiving state" shall mean a party state to which a	104931
patient is transported pursuant to the provisions of the compact	104932
or to which it is contemplated that a patient may be so sent.	104933

(c) "Institution" shall mean any hospital or other facility	104934
maintained by a party state or political subdivision thereof for	104935
the care and treatment of mental illness or mental retardation.	104936

(d) "Patient" shall mean any person subject to or eligible as	104937
determined by the laws of the sending state, for	104938
institutionalization or other care, treatment, or supervision	104939
pursuant to the provisions of this compact.	104940

(e) "After-care" shall mean care, treatment and services	104941
provided a patient, as defined herein, or convalescent status or	104942
conditional release.	104943

(f) "Mental illness" shall mean mental disease to such extent	104944
that a person so afflicted requires care and treatment for his own	104945
welfare, or the welfare of others, or of the community.	104946

(g) "Mental retardation" shall mean mental retardation as	104947
defined by appropriate clinical authorities to such extent that a	104948
person so afflicted is incapable of managing himself and his	104949
affairs, but shall not include mental illness as defined herein.	104950

(h) "State" shall mean any state, territory or possession of	104951
the United States, the District of Columbia, and the Commonwealth	104952
of Puerto Rico.	104953

Article III	104954

(a) Whenever a person physically present in any party state	104955
shall be in need of institutionalization by reason of mental	104956
illness or mental retardation, he shall be eligible for care and	104957
treatment in an institution in that state irrespective of his	104958
residence, settlement or citizenship qualifications.	104959

(b) The provisions of paragraph (a) of this article to the	104960
contrary notwithstanding, any patient may be transferred to an	104961
institution in another state whenever there are factors based upon	104962
clinical determinations indicating that the care and treatment of	104963
said patient would be facilitated or improved thereby. Any such	104964
institutionalization may be for the entire period of care and	104965
treatment or for any portion or portions thereof. The factors	104966
referred to in this paragraph shall include the patient's full	104967
record with due regard for the location of the patient's family,	104968
character of the illness and probable duration thereof, and such	104969
other factors as shall be considered appropriate.	104970

(c) No state shall be obliged to receive any patient pursuant	104971
to the provisions of paragraph (b) of this article unless the	104972
sending state has given advance notice of its intention to send	104973
the patient; furnished all available medical and other pertinent	104974
records concerning the patient; given the qualified medical or	104975
other appropriate clinical authorities of the receiving state an	104976
opportunity to examine the patient if said authorities so wish;	104977
and unless the receiving state shall agree to accept the patient.	104978

(d) In the event that the laws of the receiving state	104979
establish a system of priorities for the admission of patients, an	104980
interstate patient under this compact shall receive the same	104981
priority as a local patient and shall be taken in the same order	104982
and at the same time that he would be taken if he were a local	104983
patient.	104984

(e) Pursuant to this compact, the determination as to the	104985
suitable place of institutionalization for a patient may be	104986
reviewed at any time and such further transfer of the patient may	104987
be made as seems likely to be in the best interest of the patient.	104988

Article IV	104989

(a) Whenever, pursuant to the laws of the state in which a	104990
patient is physically present, it shall be determined that the	104991
patient should receive after-care or supervision, such care or	104992
supervision may be provided in a receiving state. If the medical	104993
or other appropriate clinical authorities having responsibility	104994
for the care and treatment of the patient in the sending state	104995
shall have reason to believe that after-care in another state	104996
would be in the best interest of the patient and would not	104997
jeopardize the public safety, they shall request the appropriate	104998
authorities in the receiving state to investigate the desirability	104999
of affording the patient such after-care in said receiving state,	105000
and such investigation shall be made with all reasonable speed.	105001
The request for investigation shall be accompanied by complete	105002
information concerning the patient's intended place of residence	105003
and the identity of the person in whose charge it is proposed to	105004
place the patient, the complete medical history of the patient,	105005
and such other documents as may be pertinent.	105006

(b) If the medical or other appropriate clinical authorities	105007
having responsibility for the care and treatment of the patient in	105008
the sending state and the appropriate authorities in the receiving	105009
state find that the best interest of the patient would be served	105010
thereby, and if the public safety would not be jeopardized	105011
thereby, the patient may receive after-care or supervision in the	105012
receiving state.	105013

(c) In supervising, treating, or caring for a patient on	105014
after-care pursuant to the terms of this article, a receiving	105015
state shall employ the same standards of visitation, examination,	105016
care, and treatment that it employs for similar local patients.	105017

Article V	105018

Whenever a dangerous or potentially dangerous patient escapes	105019
from an institution in any party state, that state shall promptly	105020
notify all appropriate authorities within and without the	105021
jurisdiction of the escape in a manner reasonably calculated to	105022
facilitate the speedy apprehension of the escapee. Immediately	105023
upon the apprehension and identification of any such dangerous or	105024
potentially dangerous patient, he shall be detained in the state	105025
where found pending disposition in accordance with law.	105026

Article VI	105027

The duly accredited officers of any state party to this	105028
compact, upon the establishment of their authority and the	105029
identity of the patient, shall be permitted to transport any	105030
patient being moved pursuant to this compact through any and all	105031
states party to this compact, without interference.	105032

Article VII	105033

(a) No person shall be deemed a patient of more than one	105034
institution at any given time. Completion of transfer of any	105035
patient to an institution in a receiving state shall have the	105036
effect of making the person a patient of the institution in the	105037
receiving state.	105038

(b) The sending state shall pay all costs of and incidental	105039
to the transportation of any patient pursuant to this compact, but	105040
any two or more party states may, by making a specific agreement	105041
for that purpose, arrange for a different allocation of costs as	105042
among themselves.	105043

(c) No provision of this compact shall be construed to alter	105044
or affect any internal relationships among the departments,	105045
agencies and officers of and in the government of a party state,	105046
or between a party state and its subdivisions, as to the payment	105047
of costs, or responsibilities therefor.	105048

(d) Nothing in this compact shall be construed to prevent any	105049
party state or subdivision thereof from asserting any right	105050
against any person, agency or other entity in regard to costs for	105051
which such party state or subdivision thereof may be responsible	105052
pursuant to any provision of this compact.	105053

(e) Nothing in this compact shall be construed to invalidate	105054
any reciprocal agreement between a party state and a nonparty	105055
state relating to institutionalization, care or treatment of the	105056
mentally ill or mentally retarded, or any statutory authority	105057
pursuant to which such agreements may be made.	105058

Article VIII	105059

(a) Nothing in this compact shall be construed to abridge,	105060
diminish, or in any way impair the rights, duties, and	105061
responsibilities of any patient's guardian on his own behalf or in	105062
respect of any patient for whom he may serve, except that where	105063
the transfer of any patient to another jurisdiction makes	105064
advisable the appointment of a supplemental or substitute	105065
guardian, any court of competent jurisdiction in the receiving	105066
state may make such supplemental or substitute appointment and the	105067
court which appointed the previous guardian shall upon being duly	105068
advised of the new appointment, and upon the satisfactory	105069
completion of such accounting and other acts as such court may by	105070
law require, relieve the previous guardian of power and	105071
responsibility to whatever extent shall be appropriate in the	105072
circumstances; provided, however, that in the case of any patient	105073
having settlement in the sending state, the court of competent	105074
jurisdiction in the sending state shall have the sole discretion	105075
to relieve a guardian appointed by it or continue his power and	105076
responsibility, whichever it shall deem advisable. The court in	105077
the receiving state may, in its discretion, confirm or reappoint	105078
the person or persons previously serving as guardian in the	105079
sending state in lieu of making a supplemental or substitute	105080
appointment.	105081

(b) The term "guardian" as used in paragraph (a) of this	105082
article shall include any guardian, trustee, legal committee,	105083
conservator, or other person or agency however denominated who is	105084
charged by law with power to act for or responsibility for the	105085
person or property of a patient.	105086

Article IX	105087

(a) No provision of this compact except Article V shall apply	105088
to any person institutionalized while under sentence in a penal or	105089
correctional institution or while subject to trial on a criminal	105090
charge, or whose institutionalization is due to the commission of	105091
an offense for which, in the absence of mental illness or mental	105092
retardation, said person would be subject to incarceration in a	105093
penal or correctional institution.	105094

(b) To every extent possible, it shall be the policy of	105095
states party to this compact that no patient shall be placed or	105096
detained in any prison, jail or lockup, but such patient shall,	105097
with all expedition, be taken to a suitable institutional facility	105098
for mental illlness or mental retardation.	105099

Article X	105100

(a) Each party state shall appoint a "compact administrator"	105101
who, on behalf of his state, shall act as general coordinator of	105102
activities under the compact in his state and who shall receive	105103
copies of all reports, correspondence, and other documents	105104
relating to any patient processed under the compact by his state	105105
either in the capacity of sending or receiving state. The compact	105106
administrator or his duly designated representative shall be the	105107
official with whom other party states shall deal in any matter	105108
relating to the compact or any patient processed thereunder.	105109

(b) The compact administrators of the respective party states	105110
shall have power to promulgate reasonable rules and regulations to	105111
carry out more effectively the terms and provisions of this	105112
compact.	105113

Article XI	105114

The duly constituted administrative authorities of any two or	105115
more party states may enter into supplementary agreements for the	105116
provision of any service or facility or for the maintenance of any	105117
institution on a joint or cooperative basis whenever the states	105118
concerned shall find that such agreements will improve services,	105119
facilities, or institutional care and treatment in the fields of	105120
mental illness or mental retardation. No such supplementary	105121
agreement shall be construed so as to relieve any party state of	105122
any obligation which it otherwise would have under other	105123
provisions of this compact.	105124

Article XII	105125

This compact shall enter into full force and effect as to any	105126
state when enacted by it into law and such states shall thereafter	105127
be a party thereto with any and all states legally joining	105128
therein.	105129

Article XIII	105130

(a) A state party to this compact may withdraw therefrom by	105131
enacting a statute repealing the same. Such withdrawal shall take	105132
effect one year after notice thereof has been communicated	105133
officially and in writing to the governors and compact	105134
administrators of all other party states. However, the withdrawal	105135
of any state shall not change the status of any patient who has	105136
been sent to said state or sent out of said state pursuant to the	105137
provisions of the compact.	105138

(b) Withdrawal from any agreement permitted by Article VII	105139
(b) as to costs or from any supplementary agreement made pursuant	105140
to Article XI shall be in accordance with the terms of such	105141
agreement.	105142

Article XIV	105143

This compact shall be liberally construed so as to effectuate	105144
the purposes thereof. The provisions of this compact shall be	105145
severable and if any phrase, clause, sentence or provision of this	105146
compact is declared to be contrary to the constitution of any	105147
party state or of the United States or the applicability thereof	105148
to any government, agency, person or circumstance is held invalid,	105149
the validity of the remainder of this compact and the	105150
applicability thereof to any government, agency, person or	105151
circumstance shall not be affected thereby. If this compact shall	105152
be held contrary to the constitution of any state party thereto,	105153
the compact shall remain in full force and effect as to the	105154
remaining states and in full force and effect as to the state	105155
affected as to all severable matters.	105156

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	105157
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	105158
director of ~~mental health~~mental health and addiction services and	105159
the director of developmental disabilities each shall designate an	105160
officer who shall be the compact administrator for the department	105161
and who, acting jointly with like officers of other party states,	105162
shall adopt rules to carry out more effectively the terms of the	105163
compact. The compact administrators of each department shall serve	105164
subject to the pleasure of the governor and shall cooperate with	105165
all departments, agencies, and officers of and in the government	105166
of this state and its subdivisions in facilitating the proper	105167
administration of the compact or of any supplementary agreements	105168
entered into by this state thereunder.	105169

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	105170
into supplementary agreements with appropriate officials of other	105171
states pursuant to articles VII and XI of the compact set forth in	105172
section ~~5119.50~~5119.70 of the Revised Code. In the event that	105173
such supplementary agreements require or contemplate the use of	105174
any institution or facility of this state or require or	105175
contemplate the provision of any service by this state, no such	105176
agreement shall have force or effect until approved by the head of	105177
the department or agency under whose jurisdiction the institution	105178
or facility is operated or whose department or agency will be	105179
charged with the rendering of such service.	105180

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	105181
any financial obligations imposed upon the state of Ohio by the	105182
compact or by any supplementary agreement entered into thereunder,	105183
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	105184
Revised Code, shall be made from appropriated funds upon	105185
presentation to the director of budget and management of itemized	105186
vouchers approved by the compact administrator.	105187

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	105188
~~3793.39~~5119.98 of the Revised Code:	105189

(A) "Alcohol and other drug abuse" means alcoholism or drug	105190
addiction.	105191

(B) "Another drug" means a controlled substance as defined in	105192
section 3719.01 of the Revised Code or a harmful intoxicant as	105193
defined in section 2925.01 of the Revised Code.	105194

(C) "Board of alcohol, drug addiction, and mental health	105195
services" means a board of alcohol, drug addiction, and mental	105196
health services established under section 340.02 or 340.021 of the	105197
Revised Code.	105198

(D) "Danger" or "threat of danger to self, family, or others"	105199
means substantial physical harm or threat of substantial physical	105200
harm upon self, family, or others.	105201

(E) "Hospital" has the same meaning as in section 3701.01 or	105202
3727.01 of the Revised Code but does not include either a hospital	105203
operated by the department of ~~mental health~~mental health and	105204
addiction services or an inpatient unit licensed by the	105205
department.	105206

(F) "Intoxicated" means being under the influence of alcohol,	105207
another drug, or both alcohol and another drug and, as a result,	105208
having a significantly impaired ability to function.	105209

(G) "Petitioner" means a person who institutes a proceeding	105210
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	105211
Code.	105212

(H) "Probate court" means the probate division of the court	105213
of common pleas.	105214

(I) "Qualified health professional" means a person that is	105215
properly credentialed or licensed to conduct a drug and alcohol	105216
assessment and diagnosis under Ohio law.	105217

(J) "Residence" means the legal residence of a person as	105218
determined by applicable principles governing conflicts of law.	105219

(K) "Respondent" means a person alleged in a petition filed	105220
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	105221
the Revised Code to be a person who is suffering from alcohol and	105222
other drug abuse and who may be ordered under those sections to	105223
undergo treatment.	105224

(L) "Treatment" means services and programs for the care and	105225
rehabilitation of intoxicated persons and persons suffering from	105226
alcohol and other drug abuse. "Treatment" includes residential	105227
treatment, a halfway house setting, and an intensive outpatient or	105228
outpatient level of care.	105229

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	105230
treatment for a person suffering from alcohol and other drug abuse	105231
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	105232
to ~~3793.39~~5119.98 of the Revised Code.	105233

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	105234
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	105235
Revised Code unless all of the following apply to that person:	105236

(A) The person suffers from alcohol and other drug abuse.

105237

(B) The person presents an imminent danger or imminent threat	105238
of danger to self, family, or others as a result of alcohol and	105239
other drug abuse, or there exists a substantial likelihood of such	105240
a threat in the near future.	105241

105242

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	105243
for treatment for an individual suffering from alcohol and other	105244
drug abuse by filing a verified petition in the probate court and	105245
paying a filing fee in the same amount, if any, that is charged	105246
for the filing under section 5122.11 of the Revised Code of an	105247
affidavit seeking the hospitalization of a person. The petition	105248
and all subsequent court documents shall be entitled: "In the	105249
interest of (name of respondent)." A spouse, relative, or guardian	105250
of the individual concerning whom the petition is filed shall file	105251
the petition.	105252

(B) A petition filed under division (A) of this section shall	105253
set forth all of the following:	105254

(1) The petitioner's relationship to the respondent;

105255

(2) The respondent's name, residence address, and current	105256
location, if known;	105257

(3) The name and residence of the respondent's parents, if	105258
living and if known, or of the respondent's legal guardian, if any	105259
and if known;	105260

(4) The name and residence of the respondent's spouse, if any	105261
and if known;	105262

(5) The name and residence of the person having custody of	105263
the respondent, if any, or if no such person is known, the name	105264
and residence of a near relative or a statement that the person is	105265
unknown;	105266

(6) The petitioner's belief, including the factual basis for	105267
the belief, that the respondent is suffering from alcohol and	105268
other drug abuse and presents an imminent danger or imminent	105269
threat of danger to self, family, or others if not treated for	105270
alcohol or other drug abuse.	105271

(C)(1) Any petition filed pursuant to divisions (A) and (B)	105272
of this section shall be accompanied by a certificate of a	105273
physician who has examined the respondent within two days prior to	105274
the day that the petition is filed in the probate court. The	105275
physician shall be authorized to practice medicine and surgery or	105276
osteopathic medicine and surgery under Chapter 4731. of the	105277
Revised Code. The physician's certificate shall set forth the	105278
physician's findings in support of the need to treat the	105279
respondent for alcohol or other drug abuse. The certificate shall	105280
indicate if the respondent presents an imminent danger or imminent	105281
threat of danger to self, family, or others if not treated.	105282
Further, the certificate shall indicate the type and length of	105283
treatment required and if the respondent can reasonably benefit	105284
from treatment. If the physician's certificate indicates that	105285
inpatient treatment is required, the certificate shall identify	105286
any inpatient facilities known to the physician that are able and	105287
willing to provide the recommended inpatient treatment.	105288

If the respondent refuses to undergo an examination with a	105289
physician concerning the respondent's possible need for treatment	105290
for alcohol or other drug abuse, the petition shall state that the	105291
respondent has refused all requests made by the petitioner to	105292
undergo a physician's examination. In that case, the petitioner	105293
shall not be required to provide a physician's certificate with	105294
the petition.	105295

(2) Any petition filed pursuant to divisions (A) and (B) of	105296
this section shall contain a statement that the petitioner has	105297
arranged for treatment of the respondent. Further, the petition	105298
shall be accompanied by a statement from the person or facility	105299
who has agreed to provide the treatment that verifies that the	105300
person or facility has agreed to provide the treatment and the	105301
estimated cost of the treatment.	105302

(D) Any petition filed pursuant to divisions (A) and (B) of	105303
this section shall be accompanied by both of the following:	105304

(1) A security deposit to be deposited with the clerk of the	105305
probate court that will cover half of the estimated cost of	105306
treatment of the respondent;	105307

(2) A guarantee, signed by the petitioner or another person	105308
authorized to file the petition obligating the guarantor to pay	105309
the costs of the examinations of the respondent conducted by the	105310
physician and qualified health professional under division (B)(5)	105311
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	105312
respondent that are associated with a hearing conducted in	105313
accordance with section ~~3793.35~~5119.94 of the Revised Code and	105314
that the court determines to be appropriate, and the costs of any	105315
treatment ordered by the court.	105316

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	105317
under section ~~3793.34~~5119.93 of the Revised Code and the payment	105318
of the appropriate filing fee, if any, the probate court shall	105319
examine the petitioner under oath as to the contents of the	105320
petition.	105321

(B) If, after reviewing the allegations contained in the	105322
petition and examining the petitioner under oath, it appears to	105323
the probate court that there is probable cause to believe the	105324
respondent may reasonably benefit from treatment, the court shall	105325
do all of the following:	105326

(1) Schedule a hearing to be held within seven days to	105327
determine if there is clear and convincing evidence that the	105328
respondent may reasonably benefit from treatment for alcohol and	105329
other drug abuse;	105330

(2) Notify the respondent, the legal guardian, if any and if	105331
known, and the spouse, parents, or nearest relative or friend of	105332
the respondent concerning the allegations and contents of the	105333
petition and of the date and purpose of the hearing;	105334

(3) Notify the respondent that the respondent may retain	105335
counsel and, if the person is unable to obtain an attorney, that	105336
the respondent may be represented by court-appointed counsel at	105337
public expense if the person is indigent. Upon the appointment of	105338
an attorney to represent an indigent respondent, the court shall	105339
notify the respondent of the name, address, and telephone number	105340
of the attorney appointed to represent the respondent.	105341

(4) Notify the respondent that the court shall cause the	105342
respondent to be examined not later than twenty-four hours before	105343
the hearing date by a physician for the purpose of a physical	105344
examination and by a qualified health professional for the purpose	105345
of a drug and alcohol addiction assessment and diagnosis. In	105346
addition, the court shall notify the respondent that the	105347
respondent may have an independent expert evaluation of the	105348
person's physical and mental condition conducted at the	105349
respondent's own expense.	105350

(5) Cause the respondent to be examined not later than	105351
twenty-four hours before the hearing date by a physician for the	105352
purpose of a physical examination and by a qualified health	105353
professional for the purpose of a drug and alcohol addiction	105354
assessment and diagnosis;	105355

(6) Conduct the hearing.

105356

(C) The physician and qualified health professional who	105357
examine the respondent pursuant to division (B)(5) of this section	105358
or who are obtained by the respondent at the respondent's own	105359
expense shall certify their findings to the court within	105360
twenty-four hours of the examinations. The findings of each	105361
qualified health professional shall include a recommendation for	105362
treatment if the qualified health professional determines that	105363
treatment is necessary.	105364

(D)(1) If upon completion of the hearing held under this	105365
section the probate court finds by clear and convincing evidence	105366
that the respondent may reasonably benefit from treatment, the	105367
court may order the treatment after considering the qualified	105368
health professionals' recommendations for treatment that have been	105369
submitted to the court under division (C) of this section. If the	105370
court orders the treatment under this division, the court shall	105371
order the treatment to be provided through ~~an alcohol and drug~~a	105372
community addiction ~~program~~services provider certified under	105373
section ~~3793.06~~5119.36 of the Revised Code or by an individual	105374
licensed or certified by the state medical board under Chapter	105375
4731. of the Revised Code, the chemical dependency professionals	105376
board under Chapter 4758. of the Revised Code, the counselor,	105377
social worker, and marriage and family therapist board under	105378
Chapter 4757. of the Revised Code, or a similar board of another	105379
state authorized to provide substance abuse treatment.	105380

(2) Failure of a respondent to undergo and complete any	105381
treatment ordered pursuant to this division is contempt of court.	105382
Any alcohol and drug addiction program or person providing	105383
treatment under this division shall notify the probate court of a	105384
respondent's failure to undergo or complete the ordered treatment.	105385

(E) If, at any time after a petition is filed under section	105386
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	105387
there is not probable cause to continue treatment or if the	105388
petitioner withdraws the petition, then the court shall dismiss	105389
the proceedings against the respondent.	105390

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	105391
qualified health professional and a certification by that	105392
professional that the person meets the criteria specified in	105393
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	105394
order the person hospitalized for a period not to exceed	105395
seventy-two hours if the court finds by clear and convincing	105396
evidence that the person presents an imminent threat of danger to	105397
self, family, or others as a result of alcohol and other drug	105398
abuse. However, if the hearing to be held under section ~~3793.35~~	105399
5119.94 of the Revised Code will not be held within seventy-two	105400
hours, the court may order the person hospitalized until the	105401
hearing. In making its order, the court shall inform the person	105402
that the person may immediately make a reasonable number of	105403
telephone calls or use other reasonable means to contact an	105404
attorney, a licensed physician, or a qualified health	105405
professional, to contact any other person or persons to secure	105406
representation by counsel, or to obtain medical or psychological	105407
assistance and that the person will be provided assistance in	105408
making calls if the assistance is needed and requested.	105409

(B) Any person who has been admitted to a hospital under	105410
division (A) of this section shall be released from the hospital	105411
immediately upon the expiration of the time period established by	105412
the court for the hospitalization.	105413

(C) No person ordered hospitalized under this section shall	105414
be held in jail pending transportation to the hospital or	105415
evaluation unless the probate court previously has found the	105416
person to be in contempt of court for either failure to undergo	105417
treatment or failure to appear at the evaluation ordered pursuant	105418
to section ~~3793.35~~5119.94 of the Revised Code.	105419

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	105420
issue an order that the respondent be transported to a hospital,	105421
the court may issue a summons. If the respondent fails to attend	105422
an examination scheduled before the hearing under section ~~3793.35~~	105423
5119.94 of the Revised Code, the court shall issue a summons. A	105424
summons so issued shall be directed to the respondent and shall	105425
command the respondent to appear at a time and place specified in	105426
the summons. If a respondent who has been summoned fails to appear	105427
at the hospital or the examination, the probate court may order	105428
the sheriff or any other peace officer to transport the respondent	105429
to a hospital on the list provided under section ~~3793.38~~5119.97	105430
of the Revised Code for treatment. The sheriff or any other peace	105431
officer, upon agreement of a person authorized by the peace	105432
officer, may authorize a board of alcohol, drug addiction, and	105433
mental health services, a private ~~agency~~services provider under	105434
contract with a board of alcohol, drug addiction, and mental	105435
health services, or an ambulance service designated by a board of	105436
alcohol, drug addiction, and mental health services to transport	105437
the respondent to the hospital. The transportation costs of the	105438
sheriff, other peace officer, ambulance service, or other private	105439
~~agency~~services provider under contract with the board of alcohol,	105440
drug addiction, and mental health services shall be included in	105441
the costs of treatment for alcohol and other drug abuse to be paid	105442
by the petitioner.	105443

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	105444
and mental health services on at least an annual basis shall	105445
submit each of the following lists to the clerk of the probate	105446
court in each county served by the board:	105447

(A) A list of all hospitals in the counties served by the	105448
board that are able and willing to take respondents ordered to	105449
undergo seventy-two hours of treatment and observation pursuant to	105450
section ~~3793.36~~5119.95 of the Revised Code;	105451

(B) A list of hospitals and treatment providers in the	105452
counties served by the board that are able and willing to provide	105453
treatment for alcohol and other drug abuse ordered pursuant to	105454
section ~~3793.35~~5119.94 of the Revised Code.	105455

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	105456
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	105457
who is ordered to undergo treatment under sections ~~3793.31 to~~	105458
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	105459

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	105460
of the Revised Code is guilty of a misdemeanor of the first	105461
degree.	105462

(B) Whoever violates division (B) of section 5119.61 of the	105463
Revised Code is guilty of a misdemeanor of the fourth degree.	105464

(C) Whoever violates section 5119.27 or 5119.28 or division	105465
(G) of section 5119.36 of the Revised Code is guilty of a felony	105466
of the fifth degree.	105467

Sec. 5120.07. (A) There is hereby created the ex-offender	105468
reentry coalition consisting of the following ~~eighteen~~seventeen	105469
members or their designees:	105470

(1) The director of rehabilitation and correction;

105471

(2) The director of aging;

105472

(3) The director of ~~alcohol and drug addiction services~~	105473
mental health and addiction services;	105474

(4) The director of development services;

105475

(5) The superintendent of public instruction;

105476

(6) The director of health;

105477

(7) The director of job and family services;

105478

(8) ~~The director of mental health;~~

105479

~~(9)~~ The director of developmental disabilities;

105480

~~(10)~~(9) The director of public safety;

105481

~~(11)~~(10) The director of youth services;

105482

~~(12)~~(11) The chancellor of the Ohio board of regents;

105483

~~(13)~~(12) A representative or member of the governor's staff;

105484

~~(14)~~(13) The executive director of the ~~rehabilitation~~	105485
~~services commission~~opportunities for Ohioans with disabilities	105486
agency;	105487

~~(15)~~(14) The director of the department of commerce;

105488

~~(16)~~(15) The executive director of a health care licensing	105489
board created under Title XLVII of the Revised Code, as appointed	105490
by the chairperson of the coalition;	105491

~~(17)~~(16) The director of veterans services;

105492

~~(18)~~(17) An ex-offender appointed by the director of	105493
rehabilitation and correction.	105494

(B) The members of the coalition shall serve without	105495
compensation. The director of rehabilitation and correction or the	105496
director's designee shall be the chairperson of the coalition.	105497

(C) In consultation with persons interested and involved in	105498
the reentry of ex-offenders into the community, including but not	105499
limited to, services providers, community-based organizations, and	105500
local governments, the coalition shall identify and examine social	105501
service barriers and other obstacles to the reentry of	105502
ex-offenders into the community. Not later than one year after	105503
April 7, 2009, and on or before the same date of each year	105504
thereafter, the coalition shall submit to the speaker of the house	105505
of representatives and the president of the senate a report,	105506
including recommendations for legislative action, the activities	105507
of the coalition, and the barriers affecting the successful	105508
reentry of ex-offenders into the community. The report shall	105509
analyze the effects of those barriers on ex-offenders and on their	105510
children and other family members in various areas, including but	105511
not limited to, the following:	105512

(1) Admission to public and other housing;

105513

(2) Child support obligations and procedures;

105514

(3) Parental incarceration and family reunification;

105515

(4) Social security benefits, veterans' benefits, food	105516
stamps, and other forms of public assistance;	105517

(5) Employment;

105518

(6) Education programs and financial assistance;

105519

(7) Substance abuse~~, mental health,~~ and sex offender	105520
treatment programs and financial assistance and mental health	105521
services and financial assistance;	105522

(8) Civic and political participation;

105523

(9) Other collateral consequences under the Revised Code or	105524
the Ohio administrative code law that may result from a criminal	105525
conviction.	105526

(D)(1) The report shall also include the following	105527
information:	105528

(a) Identification of state appropriations for reentry	105529
programs;	105530

(b) Identification of other funding sources for reentry	105531
programs that are not funded by the state;	105532

(2) The coalition shall gather information about reentry	105533
programs in a repository maintained and made available by the	105534
coalition. Where available, the information shall include the	105535
following:	105536

(a) The amount of funding received;

105537

(b) The number of program participants;

105538

(c) The composition of the program, including program goals,	105539
methods for measuring success, and program success rate;	105540

(d) The type of post-program tracking that is utilized;

105541

(e) Information about employment rates and recidivism rates	105542
of ex-offenders.	105543

(E) The coalition shall cease to exist on December 31, 2014.

105544

Sec. 5120.09. Under the supervision and control of the	105545
director of rehabilitation and correction, the division of	105546
business administration shall do all of the following:	105547

(A) Submit the budgets for the several divisions of the	105548
department of rehabilitation and correction, as prepared by the	105549
respective chiefs of those divisions, to the director. The	105550
director, with the assistance of the chief of the division of	105551
business administration, shall compile a departmental budget that	105552
contains all proposals submitted by the chiefs of the divisions	105553
and shall forward the departmental budget to the governor with	105554
comments and recommendations that the director considers	105555
necessary.	105556

(B) Maintain accounts and records and compile statistics that	105557
the director prescribes;	105558

(C) Under the control of the director, coordinate and make	105559
the necessary purchases and requisitions for the department and	105560
its divisions, except when goods and services are provided to the	105561
department as described in section ~~5119.16~~5119.44 of the Revised	105562
Code;	105563

(D) Administer within this state federal criminal justice	105564
acts that the governor requires the department to administer. In	105565
order to improve the criminal justice system of this state, the	105566
division of business administration shall apply for, allocate,	105567
disburse, and account for grants that are made available pursuant	105568
to those federal criminal justice acts and grants that are made	105569
available from other federal government sources, state government	105570
sources, or private sources. As used in this division, "criminal	105571
justice system" and "federal criminal justice acts" have the same	105572
meanings as in section 5502.61 of the Revised Code.	105573

(E) Audit the activities of governmental entities, persons as	105574
defined in section 1.59 of the Revised Code, and other types of	105575
nongovernmental entities that are financed in whole or in part by	105576
funds that the department allocates or disburses and that are	105577
derived from grants described in division (D) of this section;	105578

(F) Enter into contracts, including contracts with federal,	105579
state, or local governmental entities, persons as defined in	105580
section 1.59 of the Revised Code, foundations, and other types of	105581
nongovernmental entities, that are necessary for the department to	105582
carry out its duties and that neither the director nor another	105583
section of the Revised Code authorizes another division of the	105584
department to enter;	105585

(G) Exercise other powers and perform other duties that the	105586
director may assign to the division of business administration.	105587

Sec. 5120.135. (A) As used in this section, "laboratory	105588
services" includes the performance of medical laboratory analysis;	105589
professional laboratory and pathologist consultation; the	105590
procurement, storage, and distribution of laboratory supplies; and	105591
the performance of phlebotomy services.	105592

(B) The department of rehabilitation and correction may	105593
provide laboratory services to the departments of ~~mental health~~	105594
mental health and addiction services, developmental disabilities,	105595
youth services, and rehabilitation and correction. The department	105596
of rehabilitation and correction may also provide laboratory	105597
services to other state, county, or municipal agencies and to	105598
private persons that request laboratory services if the department	105599
of rehabilitation and correction determines that the provision of	105600
laboratory services is in the public interest and considers it	105601
advisable to provide such services. The department of	105602
rehabilitation and correction may also provide laboratory services	105603
to agencies operated by the United States government and to public	105604
and private entities funded in whole or in part by the state if	105605
the director of rehabilitation and correction designates them as	105606
eligible to receive such services.	105607

The department of rehabilitation and correction shall provide	105608
laboratory services from a laboratory that complies with the	105609
standards for certification set by the United States department of	105610
health and human services under the "Clinical Laboratory	105611
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	105612
In addition, the laboratory shall maintain accreditation or	105613
certification with an appropriate accrediting or certifying	105614
organization as considered necessary by the recipients of its	105615
laboratory services and as authorized by the director of	105616
rehabilitation and correction.	105617

(C) The cost of administering this section shall be	105618
determined by the department of rehabilitation and correction and	105619
shall be paid by entities that receive laboratory services to the	105620
department for deposit in the state treasury to the credit of the	105621
laboratory services fund, which is hereby created. The fund shall	105622
be used to pay the costs the department incurs in administering	105623
this section.	105624

(D) Whenever a state agency fails to make a payment for	105625
laboratory services provided to it by the department of	105626
rehabilitation and correction under this section within thirty-one	105627
days after the date the payment was due, the office of budget and	105628
management may transfer moneys from that state agency to the	105629
department of rehabilitation and correction for deposit to the	105630
credit of the laboratory services fund. The amount transferred	105631
shall not exceed the amount of the overdue payments. Prior to	105632
making a transfer under this division, the office shall apply any	105633
credits the state agency has accumulated in payment for laboratory	105634
services provided under this section.	105635

Sec. 5120.17. (A) As used in this section:

105636

(1) "Mental illness" means a substantial disorder of thought,	105637
mood, perception, orientation, or memory that grossly impairs	105638
judgment, behavior, capacity to recognize reality, or ability to	105639
meet the ordinary demands of life.	105640

(2) "Mentally ill person subject to hospitalization" means a	105641
mentally ill person to whom any of the following applies because	105642
of the person's mental illness:	105643

(a) The person represents a substantial risk of physical harm	105644
to the person as manifested by evidence of threats of, or attempts	105645
at, suicide or serious self-inflicted bodily harm.	105646

(b) The person represents a substantial risk of physical harm	105647
to others as manifested by evidence of recent homicidal or other	105648
violent behavior, evidence of recent threats that place another in	105649
reasonable fear of violent behavior and serious physical harm, or	105650
other evidence of present dangerousness.	105651

(c) The person represents a substantial and immediate risk of	105652
serious physical impairment or injury to the person as manifested	105653
by evidence that the person is unable to provide for and is not	105654
providing for the person's basic physical needs because of the	105655
person's mental illness and that appropriate provision for those	105656
needs cannot be made immediately available in the correctional	105657
institution in which the inmate is currently housed.	105658

(d) The person would benefit from treatment in a hospital for	105659
the person's mental illness and is in need of treatment in a	105660
hospital as manifested by evidence of behavior that creates a	105661
grave and imminent risk to substantial rights of others or the	105662
person.	105663

(3) "Psychiatric hospital" means all or part of a facility	105664
that is operated and managed by the department of ~~mental health~~	105665
mental health and addiction services to provide psychiatric	105666
hospitalization services in accordance with the requirements of	105667
this section pursuant to an agreement between the directors of	105668
rehabilitation and correction and ~~mental health~~mental health and	105669
addiction services or, is licensed by the department of ~~mental~~	105670
~~health~~mental health and addiction services pursuant to section	105671
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	105672
is accredited by a ~~healthcare~~health care accrediting organization	105673
approved by the department of ~~mental health~~mental health and	105674
addiction services and the psychiatric hospital is any of the	105675
following:	105676

(a) Operated and managed by the department of rehabilitation	105677
and correction within a facility that is operated by the	105678
department of rehabilitation and correction;	105679

(b) Operated and managed by a contractor for the department	105680
of rehabilitation and correction within a facility that is	105681
operated by the department of rehabilitation and correction;	105682

(c) Operated and managed in the community by an entity that	105683
has contracted with the department of rehabilitation and	105684
correction to provide psychiatric hospitalization services in	105685
accordance with the requirements of this section.	105686

(4) "Inmate patient" means an inmate who is admitted to a	105687
psychiatric hospital.	105688

(5) "Admitted" to a psychiatric hospital means being accepted	105689
for and staying at least one night at the psychiatric hospital.	105690

(6) "Treatment plan" means a written statement of reasonable	105691
objectives and goals for an inmate patient that is based on the	105692
needs of the inmate patient and that is established by the	105693
treatment team, with the active participation of the inmate	105694
patient and with documentation of that participation. "Treatment	105695
plan" includes all of the following:	105696

(a) The specific criteria to be used in evaluating progress	105697
toward achieving the objectives and goals;	105698

(b) The services to be provided to the inmate patient during	105699
the inmate patient's hospitalization;	105700

(c) The services to be provided to the inmate patient after	105701
discharge from the hospital, including, but not limited to,	105702
housing and mental health services provided at the state	105703
correctional institution to which the inmate patient returns after	105704
discharge or community mental health services.	105705

(7) "Mentally retarded person subject to institutionalization	105706
by court order" has the same meaning as in section 5123.01 of the	105707
Revised Code.	105708

(8) "Emergency transfer" means the transfer of a mentally ill	105709
inmate to a psychiatric hospital when the inmate presents an	105710
immediate danger to self or others and requires hospital-level	105711
care.	105712

(9) "Uncontested transfer" means the transfer of a mentally	105713
ill inmate to a psychiatric hospital when the inmate has the	105714
mental capacity to, and has waived, the hearing required by	105715
division (B) of this section.	105716

(10)(a) "Independent decision-maker" means a person who is	105717
employed or retained by the department of rehabilitation and	105718
correction and is appointed by the chief or chief clinical officer	105719
of mental health services as a hospitalization hearing officer to	105720
conduct due process hearings.	105721

(b) An independent decision-maker who presides over any	105722
hearing or issues any order pursuant to this section shall be a	105723
psychiatrist, psychologist, or attorney, shall not be specifically	105724
associated with the institution in which the inmate who is the	105725
subject of the hearing or order resides at the time of the hearing	105726
or order, and previously shall not have had any treatment	105727
relationship with nor have represented in any legal proceeding the	105728
inmate who is the subject of the order.	105729

(B)(1) Except as provided in division (C) of this section, if	105730
the warden of a state correctional institution or the warden's	105731
designee believes that an inmate should be transferred from the	105732
institution to a psychiatric hospital, the department shall hold a	105733
hearing to determine whether the inmate is a mentally ill person	105734
subject to hospitalization. The department shall conduct the	105735
hearing at the state correctional institution in which the inmate	105736
is confined, and the department shall provide qualified	105737
independent assistance to the inmate for the hearing. An	105738
independent decision-maker provided by the department shall	105739
preside at the hearing and determine whether the inmate is a	105740
mentally ill person subject to hospitalization.	105741

(2) Except as provided in division (C) of this section, prior	105742
to the hearing held pursuant to division (B)(1) of this section,	105743
the warden or the warden's designee shall give written notice to	105744
the inmate that the department is considering transferring the	105745
inmate to a psychiatric hospital, that it will hold a hearing on	105746
the proposed transfer at which the inmate may be present, that at	105747
the hearing the inmate has the rights described in division (B)(3)	105748
of this section, and that the department will provide qualified	105749
independent assistance to the inmate with respect to the hearing.	105750
The department shall not hold the hearing until the inmate has	105751
received written notice of the proposed transfer and has had	105752
sufficient time to consult with the person appointed by the	105753
department to provide assistance to the inmate and to prepare for	105754
a presentation at the hearing.	105755

(3) At the hearing held pursuant to division (B)(1) of this	105756
section, the department shall disclose to the inmate the evidence	105757
that it relies upon for the transfer and shall give the inmate an	105758
opportunity to be heard. Unless the independent decision-maker	105759
finds good cause for not permitting it, the inmate may present	105760
documentary evidence and the testimony of witnesses at the hearing	105761
and may confront and cross-examine witnesses called by the	105762
department.	105763

(4) If the independent decision-maker does not find clear and	105764
convincing evidence that the inmate is a mentally ill person	105765
subject to hospitalization, the department shall not transfer the	105766
inmate to a psychiatric hospital but shall continue to confine the	105767
inmate in the same state correctional institution or in another	105768
state correctional institution that the department considers	105769
appropriate. If the independent decision-maker finds clear and	105770
convincing evidence that the inmate is a mentally ill person	105771
subject to hospitalization, the decision-maker shall order that	105772
the inmate be transported to a psychiatric hospital for	105773
observation and treatment for a period of not longer than thirty	105774
days. After the hearing, the independent decision-maker shall	105775
submit to the department a written decision that states one of the	105776
findings described in division (B)(4) of this section, the	105777
evidence that the decision-maker relied on in reaching that	105778
conclusion, and, if the decision is that the inmate should be	105779
transferred, the reasons for the transfer.	105780

(C)(1) The department may transfer an inmate to a psychiatric	105781
hospital under an emergency transfer order if the chief clinical	105782
officer of mental health services of the department or that	105783
officer's designee and either a psychiatrist employed or retained	105784
by the department or, in the absence of a psychiatrist, a	105785
psychologist employed or retained by the department determines	105786
that the inmate is mentally ill, presents an immediate danger to	105787
self or others, and requires hospital-level care.	105788

(2) The department may transfer an inmate to a psychiatric	105789
hospital under an uncontested transfer order if both of the	105790
following apply:	105791

(a) A psychiatrist employed or retained by the department	105792
determines all of the following apply:	105793

(i) The inmate has a mental illness or is a mentally ill	105794
person subject to hospitalization.	105795

(ii) The inmate requires hospital care to address the mental	105796
illness.	105797

(iii) The inmate has the mental capacity to make a reasoned	105798
choice regarding the inmate's transfer to a hospital.	105799

(b) The inmate agrees to a transfer to a hospital.

105800

(3) The written notice and the hearing required under	105801
divisions (B)(1) and (2) of this section are not required for an	105802
emergency transfer or uncontested transfer under division (C)(1)	105803
or (2) of this section.	105804

(4) After an emergency transfer under division (C)(1) of this	105805
section, the department shall hold a hearing for continued	105806
hospitalization within five working days after admission of the	105807
transferred inmate to the psychiatric hospital. The department	105808
shall hold subsequent hearings pursuant to division (F) of this	105809
section at the same intervals as required for inmate patients who	105810
are transported to a psychiatric hospital under division (B)(4) of	105811
this section.	105812

(5) After an uncontested transfer under division (C)(2) of	105813
this section, the inmate may withdraw consent to the transfer in	105814
writing at any time. Upon the inmate's withdrawal of consent, the	105815
hospital shall discharge the inmate, or, within five working days,	105816
the department shall hold a hearing for continued hospitalization.	105817
The department shall hold subsequent hearings pursuant to division	105818
(F) of this section at the same time intervals as required for	105819
inmate patients who are transported to a psychiatric hospital	105820
under division (B)(4) of this section.	105821

(D)(1) If an independent decision-maker, pursuant to division	105822
(B)(4) of this section, orders an inmate transported to a	105823
psychiatric hospital or if an inmate is transferred pursuant to	105824
division (C)(1) or (2) of this section, the staff of the	105825
psychiatric hospital shall examine the inmate patient when	105826
admitted to the psychiatric hospital as soon as practicable after	105827
the inmate patient arrives at the hospital and no later than	105828
twenty-four hours after the time of arrival. The attending	105829
physician responsible for the inmate patient's care shall give the	105830
inmate patient all information necessary to enable the patient to	105831
give a fully informed, intelligent, and knowing consent to the	105832
treatment the inmate patient will receive in the hospital. The	105833
attending physician shall tell the inmate patient the expected	105834
physical and medical consequences of any proposed treatment and	105835
shall give the inmate patient the opportunity to consult with	105836
another psychiatrist at the hospital and with the inmate advisor.	105837

(2) No inmate patient who is transported or transferred	105838
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	105839
psychiatric hospital within a facility that is operated by the	105840
department of rehabilitation and correction shall be subjected to	105841
any of the following procedures:	105842

(a) Convulsive therapy;

105843

(b) Major aversive interventions;

105844

105845

(d) Psychosurgery.

105846

(E) The department of rehabilitation and correction shall	105847
ensure that an inmate patient hospitalized pursuant to this	105848
section receives or has all of the following:	105849

(1) Receives sufficient professional care within twenty days	105850
of admission to ensure that an evaluation of the inmate patient's	105851
current status, differential diagnosis, probable prognosis, and	105852
description of the current treatment plan have been formulated and	105853
are stated on the inmate patient's official chart;	105854

(2) Has a written treatment plan consistent with the	105855
evaluation, diagnosis, prognosis, and goals of treatment;	105856

(3) Receives treatment consistent with the treatment plan;

105857

(4) Receives periodic reevaluations of the treatment plan by	105858
the professional staff at intervals not to exceed thirty days;	105859

(5) Is provided with adequate medical treatment for physical	105860
disease or injury;	105861

(6) Receives humane care and treatment, including, without	105862
being limited to, the following:	105863

(a) Access to the facilities and personnel required by the	105864
treatment plan;	105865

(b) A humane psychological and physical environment;

105866

(c) The right to obtain current information concerning the	105867
treatment program, the expected outcomes of treatment, and the	105868
expectations for the inmate patient's participation in the	105869
treatment program in terms that the inmate patient reasonably can	105870
understand;	105871

(d) Opportunity for participation in programs designed to	105872
help the inmate patient acquire the skills needed to work toward	105873
discharge from the psychiatric hospital;	105874

(e) The right to be free from unnecessary or excessive	105875
medication and from unnecessary restraints or isolation;	105876

(f) All other rights afforded inmates in the custody of the	105877
department consistent with rules, policy, and procedure of the	105878
department.	105879

(F) The department shall hold a hearing for the continued	105880
hospitalization of an inmate patient who is transported or	105881
transferred to a psychiatric hospital pursuant to division (B)(4)	105882
or (C)(1) of this section prior to the expiration of the initial	105883
thirty-day period of hospitalization. The department shall hold	105884
any subsequent hearings, if necessary, not later than ninety days	105885
after the first thirty-day hearing and then not later than each	105886
one hundred and eighty days after the immediately prior hearing.	105887
An independent decision-maker shall conduct the hearings at the	105888
psychiatric hospital in which the inmate patient is confined. The	105889
inmate patient shall be afforded all of the rights set forth in	105890
this section for the hearing prior to transfer to the psychiatric	105891
hospital. The department may not waive a hearing for continued	105892
commitment. A hearing for continued commitment is mandatory for an	105893
inmate patient transported or transferred to a psychiatric	105894
hospital pursuant to division (B)(4) or (C)(1) of this section	105895
unless the inmate patient has the capacity to make a reasoned	105896
choice to execute a waiver and waives the hearing in writing. An	105897
inmate patient who is transferred to a psychiatric hospital	105898
pursuant to an uncontested transfer under division (C)(2) of this	105899
section and who has scheduled hearings after withdrawal of consent	105900
for hospitalization may waive any of the scheduled hearings if the	105901
inmate has the capacity to make a reasoned choice and executes a	105902
written waiver of the hearing.	105903

If upon completion of the hearing the independent	105904
decision-maker does not find by clear and convincing evidence that	105905
the inmate patient is a mentally ill person subject to	105906
hospitalization, the independent decision-maker shall order the	105907
inmate patient's discharge from the psychiatric hospital. If the	105908
independent decision-maker finds by clear and convincing evidence	105909
that the inmate patient is a mentally ill person subject to	105910
hospitalization, the independent decision-maker shall order that	105911
the inmate patient remain at the psychiatric hospital for	105912
continued hospitalization until the next required hearing.	105913

If at any time prior to the next required hearing for	105914
continued hospitalization, the medical director of the hospital or	105915
the attending physician determines that the treatment needs of the	105916
inmate patient could be met equally well in an available and	105917
appropriate less restrictive state correctional institution or	105918
unit, the medical director or attending physician may discharge	105919
the inmate to that facility.	105920

(G) An inmate patient is entitled to the credits toward the	105921
reduction of the inmate patient's stated prison term pursuant to	105922
Chapters 2967. and 5120. of the Revised Code under the same terms	105923
and conditions as if the inmate patient were in any other	105924
institution of the department of rehabilitation and correction.	105925

(H) The adult parole authority may place an inmate patient on	105926
parole or under post-release control directly from a psychiatric	105927
hospital.	105928

(I) If an inmate patient who is a mentally ill person subject	105929
to hospitalization is to be released from a psychiatric hospital	105930
because of the expiration of the inmate patient's stated prison	105931
term, the director of rehabilitation and correction or the	105932
director's designee, at least fourteen days before the expiration	105933
date, may file an affidavit under section 5122.11 or 5123.71 of	105934
the Revised Code with the probate court in the county where the	105935
psychiatric hospital is located or the probate court in the county	105936
where the inmate will reside, alleging that the inmate patient is	105937
a mentally ill person subject to hospitalization by court order or	105938
a mentally retarded person subject to institutionalization by	105939
court order, whichever is applicable. The proceedings in the	105940
probate court shall be conducted pursuant to Chapter 5122. or	105941
5123. of the Revised Code except as modified by this division.	105942

Upon the request of the inmate patient, the probate court	105943
shall grant the inmate patient an initial hearing under section	105944
5122.141 of the Revised Code or a probable cause hearing under	105945
section 5123.75 of the Revised Code before the expiration of the	105946
stated prison term. After holding a full hearing, the probate	105947
court shall make a disposition authorized by section 5122.15 or	105948
5123.76 of the Revised Code before the date of the expiration of	105949
the stated prison term. No inmate patient shall be held in the	105950
custody of the department of rehabilitation and correction past	105951
the date of the expiration of the inmate patient's stated prison	105952
term.	105953

(J) The department of rehabilitation and correction shall set	105954
standards for treatment provided to inmate patients.	105955

(K) A certificate, application, record, or report that is	105956
made in compliance with this section and that directly or	105957
indirectly identifies an inmate or former inmate whose	105958
hospitalization has been sought under this section is	105959
confidential. No person shall disclose the contents of any	105960
certificate, application, record, or report of that nature or any	105961
other psychiatric or medical record or report regarding a mentally	105962
ill inmate unless one of the following applies:	105963

(1) The person identified, or the person's legal guardian, if	105964
any, consents to disclosure, and the chief clinical officer or	105965
designee of mental health services of the department of	105966
rehabilitation and correction determines that disclosure is in the	105967
best interests of the person.	105968

(2) Disclosure is required by a court order signed by a	105969
judge.	105970

(3) An inmate patient seeks access to the inmate patient's	105971
own psychiatric and medical records, unless access is specifically	105972
restricted in the treatment plan for clear treatment reasons.	105973

(4) Hospitals and other institutions and facilities within	105974
the department of rehabilitation and correction may exchange	105975
psychiatric records and other pertinent information with other	105976
hospitals, institutions, and facilities of the department, but the	105977
information that may be released about an inmate patient is	105978
limited to medication history, physical health status and history,	105979
summary of course of treatment in the hospital, summary of	105980
treatment needs, and a discharge summary, if any.	105981

(5) An inmate patient's family member who is involved in	105982
planning, providing, and monitoring services to the inmate patient	105983
may receive medication information, a summary of the inmate	105984
patient's diagnosis and prognosis, and a list of the services and	105985
personnel available to assist the inmate patient and family if the	105986
attending physician determines that disclosure would be in the	105987
best interest of the inmate patient. No disclosure shall be made	105988
under this division unless the inmate patient is notified of the	105989
possible disclosure, receives the information to be disclosed, and	105990
does not object to the disclosure.	105991

(6) The department of rehabilitation and correction may	105992
exchange psychiatric hospitalization records, other mental health	105993
treatment records, and other pertinent information with county	105994
sheriffs' offices, hospitals, institutions, and facilities of the	105995
department of ~~mental health~~mental health and addiction services	105996
and with community mental health ~~agencies~~services providers and	105997
boards of alcohol, drug addiction, and mental health services with	105998
which the department of ~~mental health~~mental health and addiction	105999
services has a current agreement for patient care or services to	106000
ensure continuity of care. Disclosure under this division is	106001
limited to records regarding a mentally ill inmate's medication	106002
history, physical health status and history, summary of course of	106003
treatment, summary of treatment needs, and a discharge summary, if	106004
any. No office, department, agency, provider, or board shall	106005
disclose the records and other information unless one of the	106006
following applies:	106007

(a) The mentally ill inmate is notified of the possible	106008
disclosure and consents to the disclosure.	106009

(b) The mentally ill inmate is notified of the possible	106010
disclosure, an attempt to gain the consent of the inmate is made,	106011
and the office, department, agency, or board documents the attempt	106012
to gain consent, the inmate's objections, if any, and the reasons	106013
for disclosure in spite of the inmate's objections.	106014

(7) Information may be disclosed to staff members designated	106015
by the director of rehabilitation and correction for the purpose	106016
of evaluating the quality, effectiveness, and efficiency of	106017
services and determining if the services meet minimum standards.	106018

The name of an inmate patient shall not be retained with the	106019
information obtained during the evaluations.	106020

(L) The director of rehabilitation and correction may adopt	106021
rules setting forth guidelines for the procedures required under	106022
divisions (B), (C)(1), and (C)(2) of this section.	106023

Sec. 5120.171. (A) The department of rehabilitation and	106024
correction shall have exclusive direction and control of the care	106025
and treatment of seriously mentally ill inmates who are in the	106026
department's custody. The department shall enter into any	106027
arrangements it considers desirable on such matters, including but	106028
not limited to both of the following:	106029

(1) The monitoring of such services by another state agency	106030
or agencies;	106031

(2) Adopting joint standards for the provision and monitoring	106032
of mental health services with the department of ~~mental health~~	106033
mental health and addiction services and other state agencies.	106034

(B) In order to implement its duties imposed by division (A)	106035
of this section, the department of rehabilitation and correction	106036
may enter into a contract for the provision of the mental health	106037
services described in that division.	106038

Sec. 5120.652. To participate in the prison nursery program,	106039
each eligible inmate selected by the department shall do all the	106040
following:	106041

(A) Agree in writing to do all the following:

106042

(1) Comply with any program, educational, counseling, and	106043
other requirements established for the program by the department	106044
of rehabilitation and correction;	106045

(2) If eligible, have the child participate in the medicaid	106046
program or a health insurance program;	106047

(3) Accept the normal risks of childrearing;

106048

(4) Abide by any court decisions regarding the allocation of	106049
parental rights and responsibilities with respect to the child.	106050

(B) Assign to the department any rights to support from any	106051
other person, excluding support assigned pursuant to section	106052
5107.20 of the Revised Code and medical support assigned pursuant	106053
to section ~~5101.59~~5160.38 of the Revised Code;	106054

(C) Specify with whom the child is to be placed in the event	106055
the inmate's participation in the program is terminated for a	106056
reason other than release from imprisonment.	106057

Sec. 5120.654. (A) The rights to support assigned by an	106058
inmate pursuant to section 5120.652 of the Revised Code constitute	106059
an obligation of the person who is responsible for providing the	106060
support to the department of rehabilitation and correction for the	106061
support provided the inmate and child pursuant to the prison	106062
nursery program. The division of child support in the department	106063
of job and family services shall collect support payments made	106064
pursuant to the assignment and forward them to the department of	106065
rehabilitation and correction.	106066

(B) The department of rehabilitation and correction may	106067
receive the following:	106068

(1) Money that is assigned or donated on behalf of, and	106069
~~public~~ assistance provided under Ohio works first to, a specific	106070
inmate or child participating in the prison nursery program;	106071

(2) Money assigned or donated to establish and maintain the	106072
prison nursery program.	106073

(C) The amounts described in division (B)(1) of this section	106074
shall be placed in the individual nursery account created and	106075
maintained under section 5120.655 of the Revised Code for the	106076
inmate and child for whom the money was received. The money	106077
described in division (B)(2) of this section shall be deposited in	106078
the appropriate prison nursery program fund.	106079

Sec. 5121.051. All outstanding liability of relatives for	106080
the support of any patient or resident in a benevolent institution	106081
under the control of the department of ~~mental health~~mental health	106082
and addiction services or the department of developmental	106083
disabilities accrued prior to January 1, 1956, including the	106084
liability of the patient personally, is hereby canceled, provided	106085
that this section does not abrogate any written agreements or	106086
security arrangement for the payment of support charges entered	106087
into between the state and any patient or liable relative prior to	106088
such date.	106089

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	106090
Revised Code:	106091

(A) ~~"Community mental health services client" or "client"~~	106092
~~means a person receiving state-operated community mental health~~	106093
~~services.~~	106094

~~(B)~~ "Countable assets" means all of the following:

106095

(1) Cash;

106096

(2) Bank deposits;

106097

(3) Securities;

106098

(4) Individual retirement accounts;

106099

(5) Qualified employer plans, including 401(k) and Keogh	106100
plans;	106101

(6) Annuities;

106102

(7) Funds in a trust created under section 5815.28 of the	106103
Revised Code;	106104

(8) Investment property and income;

106105

(9) The cash surrender values of life insurance policies;

106106

(10) Assets acquired by gift, bequest, devise, or	106107
inheritance;	106108

(11) Any other asset determined by the department of ~~mental~~	106109
~~health~~mental health and addiction services to be equivalent to	106110
the assets enumerated in this division.	106111

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	106112
level represented by the poverty guidelines as revised annually by	106113
the United States department of health and human services in	106114
accordance with section 673(2) of the "Omnibus Reconciliation Act	106115
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	106116
size equal to the size of the family of the person whose income is	106117
being determined.	106118

~~(D)~~(C) "Federal poverty guidelines" means the poverty	106119
guidelines as revised annually by the United States department of	106120
health and human services in accordance with section 673(2) of the	106121
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	106122
U.S.C. 9902, as amended, for a family size equal to the size of	106123
the family of the person whose income is being determined.	106124

~~(E)~~(D) "Hospital" means an institution, hospital, or other	106125
place established, controlled, or supervised by the department of	106126
~~mental health~~mental health and addiction services under Chapter	106127
5119. of the Revised Code.	106128

~~(F)~~(E) "Liable relative" means all of the following:

106129

(1) A patient's spouse;

106130

(2) A patient's mother or father, or both, if the patient is	106131
under eighteen years of age;	106132

(3) A patient's guardian.

106133

~~(G)~~(F) "Patient" means a person admitted to a hospital for	106134
inpatient care or treatment, including a person transferred to a	106135
hospital from a state correctional institution or a person under	106136
indictment or conviction who has been transferred to a hospital.	106137

Sec. 5121.32. On an annual basis, the department of ~~mental~~	106138
~~health~~mental health and addiction services shall determine both	106139
of the following using generally accepted governmental accounting	106140
principles:	106141

(A) The applicable per diem charge for each hospital operated	106142
by the department;	106143

(B) The ancillary per diem rate for each hospital operated by	106144
the department.	106145

In determining a hospital's applicable per diem charge and	106146
ancillary per diem rate, the department shall consider the average	106147
actual per diem cost of maintaining and treating a patient at the	106148
hospital or, at the department's discretion, the average actual	106149
per diem cost of maintaining and treating a patient in a unit of	106150
the hospital.	106151

Sec. 5121.33. Except as provided in sections 5121.35,	106152
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	106153
Code, the department of ~~mental health~~mental health and addiction	106154
services shall, for each billing cycle, charge a patient,	106155
patient's estate, or liable relative an amount equal to the sum of	106156
the following:	106157

(A) The applicable per diem charge multiplied by the number	106158
of days the patient was admitted to the hospital;	106159

(B) An amount that was previously billed but not paid.

106160

Sec. 5121.34. (A) A patient, patient's estate, and patient's	106161
liable relatives shall be jointly and severally liable for amounts	106162
charged by the department of ~~mental health~~mental health and	106163
addiction services in accordance with section 5121.33 or 5121.35	106164
of the Revised Code. In no case shall any of the foregoing persons	106165
be liable for more than one hundred per cent of the full sum	106166
charged under section 5121.33 of the Revised Code.	106167

(B) Collections of support payments shall be made by the	106168
department and, subject to meeting prior requirements for payment	106169
and crediting of such collections and other available receipts, in	106170
accordance with the bond proceedings applicable to obligations	106171
issued pursuant to section 154.20 of the Revised Code. The	106172
collections and other available receipts designated by the	106173
director of ~~mental health~~mental health and addiction services for	106174
deposit in the special accounts, together with insurance contract	106175
payments provided for in section 5121.43 of the Revised Code,	106176
shall be remitted to the treasurer of state for deposit in the	106177
state treasury to the credit of the mental health operating fund,	106178
which is hereby created, to be used for the general purposes of	106179
the department. The department shall make refunds of overpayment	106180
of support charges from the mental health operating fund.	106181

Sec. 5121.35. The department of ~~mental health~~mental health	106182
and addiction services shall charge a patient, patient's estate,	106183
or liable relative an amount discounted from the amount the	106184
department charges under section 5121.33 of the Revised Code if	106185
the department determines through the application process	106186
described in section 5121.36 of the Revised Code or through the	106187
financial assessment process described in section 5121.37 of the	106188
Revised Code that the patient, estate, or relative is eligible for	106189
a discount.	106190

Sec. 5121.36. (A) A patient, patient's estate, or liable	106191
relative may apply for a discount by completing an application	106192
form prescribed by the director of ~~mental health~~mental health and	106193
addiction services. The department of ~~mental health~~mental health	106194
and addiction services may require a patient, estate, or relative	106195
to furnish any of the following with an application form:	106196

(1) A copy of the patient's, estate's, or liable relative's	106197
federal income tax return for the year preceding the date of	106198
application or, if that is not yet available, the preceding year;	106199

(2) A copy of the patient's, estate's, or liable relative's	106200
employee tax withholding return (form W-2) for the year preceding	106201
the date of application;	106202

(3) Any other relevant documents prescribed by the director	106203
of ~~mental health~~mental health and addiction services.	106204

(B) To be considered, an application must be submitted to the	106205
department not later than ninety days after the date the patient	106206
is admitted to a hospital.	106207

(C) From the information provided by a patient, estate, or	106208
relative, the department shall determine whether the department	106209
will charge the person a discounted amount in accordance with	106210
sections 5121.40 and 5121.41 of the Revised Code. In making this	106211
determination, the department shall consider whether the patient	106212
is covered by an insurance policy or other contract that provides	106213
for payment of expenses and treatment for mental illness. If the	106214
department determines that the patient has coverage, the	106215
department shall require payment in accordance with section	106216
5121.43 of the Revised Code.	106217

(D) The department shall notify the patient, executor or	106218
administrator of the patient's estate, or liable relative who	106219
submitted the application form in writing regarding whether that	106220
person will be charged a discounted amount and the per diem rate	106221
to be charged.	106222

(E) In accordance with section 5121.42 of the Revised Code,	106223
the department may, at any time, modify an amount charged or	106224
change the per diem rate to be charged if the department learns of	106225
countable assets or income that was not previously disclosed or	106226
was acquired after the application form was submitted. Within a	106227
reasonable time, the department shall notify in writing any person	106228
affected by a modification or change.	106229

Sec. 5121.37. After a patient's admittance to a hospital, the	106230
department of ~~mental health~~mental health and addiction services	106231
shall conduct a financial assessment to determine whether the	106232
patient, patient's estate, or liable relative will be charged an	106233
amount discounted from the amount the department charges under	106234
section 5121.33 of the Revised Code. The department shall make the	106235
determination in accordance with sections 5121.40 and 5121.41 of	106236
the Revised Code.	106237

If a discounted rate is to be charged, the department shall	106238
notify the person whose financial condition was assessed. The	106239
notice shall specify the per diem rate to be charged.	106240

In accordance with section 5121.42 of the Revised Code, the	106241
department may, at any time, modify an amount charged or change	106242
the per diem rate to be charged if the department learns of	106243
countable assets or income that was not previously disclosed or	106244
was acquired after the assessment was conducted. Within a	106245
reasonable time, the department shall notify in writing any person	106246
affected by a modification or change.	106247

Sec. 5121.38. The department of ~~mental health~~mental health	106248
and addiction services may subpoena witnesses, take testimony	106249
under oath, and examine any public records relating to the income	106250
and other assets of a patient or of a relative liable for such	106251
patient's support. All information, conclusions, and	106252
recommendations shall be submitted to the department by the	106253
investigating agent of the department.	106254

Sec. 5121.40. (A) A patient, patient's estate, or liable	106255
relative may be eligible to be charged an amount discounted from	106256
the amount the department of ~~mental health~~mental health and	106257
addiction services charges under section 5121.33 of the Revised	106258
Code if the patient, estate, or relative has countable assets with	106259
a total value that is not greater than an amount equal to fifty	106260
per cent of the difference between the following:	106261

(1) The gross annual income that corresponds with a family	106262
size of two persons at one hundred per cent of the federal poverty	106263
level for the state;	106264

(2) The gross annual income that corresponds with a family	106265
size of one person at one hundred per cent of the federal poverty	106266
level for the state. For purposes of determining family size, the	106267
patient is one dependent. One additional dependent shall be	106268
included for each of the following circumstances and persons:	106269

(a) The patient or liable relative is legally blind or deaf.

106270

(b) The patient or liable relative is of sixty-five years of	106271
age or older.	106272

(c) Each child under eighteen years of age for which the	106273
patient or liable relative has legal custody;	106274

(d) The patient's or liable relative's spouse.

106275

(B) A patient, estate, or relative may, not later than ninety	106276
days after the patient's admission to a hospital, surrender the	106277
value of countable assets sufficient to reduce countable assets to	106278
not more than the limit described in division (A) of this section.	106279

Sec. 5121.42. (A) Except as provided in division (B) of this	106280
section, a patient, patient's estate, or liable relative shall	106281
cease to be eligible for a discount under ~~sections~~section 5121.36	106282
or 5121.37 of the Revised Code on accumulation of countable assets	106283
in excess of an amount equal to fifty per cent of the difference	106284
between the following:	106285

(1) The gross annual income that corresponds with a family	106286
size of two persons at one hundred per cent of the federal poverty	106287
level for the state;	106288

(2) The gross annual income that corresponds with a family	106289
size of one person at one hundred per cent of the federal poverty	106290
level for the state.	106291

(B) Money needed to meet the patient's needs and burial fund	106292
as determined by a needs assessment conducted by the department of	106293
~~mental health~~mental health and addiction services pursuant to	106294
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	106295
shall be excluded from any determination the department makes	106296
under division (A) of this section.	106297

Sec. 5121.43. If a patient is covered by an insurance policy	106298
or other contract that provides for payment of expenses for care	106299
and treatment for mental illness at or from a hospital under the	106300
jurisdiction of the department of ~~mental health~~mental health and	106301
addiction services, sections 5121.33 to 5121.55 of the Revised	106302
Code are inapplicable to the extent that the policy or contract is	106303
in force. Any insurance carrier or other third party payor	106304
providing coverage for such care and treatment shall pay for the	106305
patient's support obligation in amounts equal to the lesser of	106306
amounts charged by the department under section 5121.33 of the	106307
Revised Code or the benefits provided under the policy or other	106308
contract. Whether or not an insured, owner of, or other person	106309
having an interest in such policy or other contract is liable for	106310
support payments, the insured, policy owner, or other person shall	106311
assign payment directly to the department of all assignable	106312
benefits under the policy or other contract and shall pay to the	106313
department, within ten days of receipt, all insurance or other	106314
benefits received as reimbursement or payment for expenses	106315
incurred by the patient or for any other reason. If the insured,	106316
policy owner, or other person refuses to assign payment to the	106317
department or refuses to pay received reimbursements or payments	106318
to the department within ten days of receipt, the total liability	106319
of the insured, policy owner, or other person for the services is	106320
an amount equal to the per diem charge for the hospital where the	106321
patient was admitted multiplied by the number of days the patient	106322
was admitted.	106323

In no event shall this total liability exceed the	106324
department's actual cost of providing care and treatment to a	106325
patient. The department may disqualify patients and liable	106326
relatives who have retained third party funds from future	106327
discounts. The department may request that the attorney general	106328
petition a court of competent jurisdiction to compel the insured,	106329
owner of, or other person having an interest in the policy or	106330
contract to comply with the assignment requirements in this	106331
section.	106332

Sec. 5121.44. The department of ~~mental health~~mental health	106333
and addiction services may enter into an extended payment	106334
agreement with a patient, patient's estate, or liable relative who	106335
has notified the department that the patient, estate, or relative	106336
cannot reasonably pay an amount the department has charged. In no	106337
case shall the department take a security interest, mortgage, or	106338
lien against the principal family residence of a patient or liable	106339
relative.	106340

Sec. 5121.45. (A) For purposes of this section, "delinquent	106341
payment" means an amount owed by a patient, patient's estate, or	106342
liable relative to the department of ~~mental health~~mental health	106343
and addiction services for which the person has failed to do	106344
either of the following not later than ninety days after the	106345
service associated with the charge was incurred:	106346

(1) Make payment in full;

106347

(2) Make a payment in accordance with the terms of an	106348
agreement entered into under section 5121.44 of the Revised Code.	106349

(B) An action to enforce the collection of a delinquent	106350
payment shall be commenced not later than six years after the	106351
later of the following:	106352

(1) The last date the department received money to satisfy	106353
the delinquent payment;	106354

(2) The date the charge was due.

106355

(C) In all actions to enforce the collection of delinquent	106356
payments, a court of record shall receive into evidence the proof	106357
of claim document made by the state together with all debts and	106358
credits. The proof of claim document shall be prima-facie evidence	106359
of the facts stated in the document.	106360

Sec. 5121.46. The department of ~~mental health~~mental health	106361
and addiction services shall not charge a liable relative under	106362
sections 5121.33 and 5121.35 of the Revised Code who has done	106363
either of the following:	106364

(A) Paid all amounts charged by the department for the care	106365
and treatment of a particular patient for fifteen consecutive	106366
years;	106367

(B) Paid amounts charged by the department for the care and	106368
treatment of more than one patient for a total of fifteen	106369
consecutive years.	106370

Sec. 5121.47. Irrespective of the number of patients for	106371
which the department of ~~mental health~~mental health and addiction	106372
services may charge a liable relative under sections 5121.33 or	106373
and 5121.35 of the Revised Code, the department shall not charge a	106374
liable relative or group of liable relatives who are members of	106375
the same family unit for the support of more than one patient	106376
during the same period of time.	106377

Sec. 5121.49. (A) Any person who has been charged under	106378
section 5121.33 or 5121.35 of the Revised Code may petition the	106379
department of ~~mental health~~mental health and addiction services	106380
to do the following:	106381

(1) Release the person from a charge;

106382

(2) Modify or cancel a charge.

106383

(B) The department shall respond to a petition in writing and	106384
inform the petitioner of whether a release, modification, or	106385
cancellation has been approved.	106386

Sec. 5121.50. When a patient is committed to a hospital	106387
pursuant to judicial proceedings, the judge ordering the	106388
commitment shall:	106389

(A) Make a reliable report on the financial condition of the	106390
patient and of each liable relative, as provided in rules adopted	106391
by the director of ~~mental health~~mental health and addiction	106392
services;	106393

(B) Certify the report required under division (A) of this	106394
section to the managing officer of the hospital. The managing	106395
officer shall thereupon enter in the managing officer's records	106396
the name and address of any guardian appointed and of any relative	106397
liable for the patient's support.	106398

Sec. 5121.51. In case the estate of any patient in a	106399
hospital is sufficient for the patient's support and no guardian	106400
has been appointed for such estate, the agent of the department of	106401
~~mental health~~mental health and addiction services shall petition	106402
the probate court of the proper county to appoint a guardian.	106403

Sec. 5121.52. On the death of a person who is a patient, or	106404
has been a patient in a hospital, or on the death of a person	106405
responsible under section 5121.34 of the Revised Code for the	106406
support of a patient, the department of ~~mental health~~mental	106407
health and addiction services may waive the presentation of any	106408
claim for support against the estate of such decedent, when in its	106409
judgment an otherwise dependent person will be directly benefited	106410
by the estate. Claims against an estate for support of a patient	106411
are subject to section 5815.28 and Chapter 2117. of the Revised	106412
Code, and shall be treated, and may be barred, the same as the	106413
claims of other creditors of the estate, pursuant to that section	106414
or chapter.	106415

The department of ~~mental health~~mental health and addiction	106416
services may accept from a guardian or trustee of a patient a	106417
contract agreeing to pay to the state from the property of the	106418
guardian's or trustee's ward before or at the death of the ward a	106419
fixed annual amount for the support of the ward while the ward is	106420
a patient, with interest at four per cent per annum. A copy of the	106421
contract shall be filed in the probate court of the proper county	106422
and duly entered as a part of the records concerning the ward.	106423

Sec. 5121.55. The cost for support of a client of	106424
state-operated community mental health services is an amount	106425
determined using guidelines the department of ~~mental health~~mental	106426
health and addiction services shall issue. The guidelines shall be	106427
based on cost findings and rate-settings applicable to such	106428
services.	106429

Sec. 5122.01. As used in this chapter and Chapter 5119. of	106430
the Revised Code:	106431

(A) "Mental illness" means a substantial disorder of thought,	106432
mood, perception, orientation, or memory that grossly impairs	106433
judgment, behavior, capacity to recognize reality, or ability to	106434
meet the ordinary demands of life.	106435

(B) "Mentally ill person subject to hospitalization by court	106436
order" means a mentally ill person who, because of the person's	106437
illness:	106438

(1) Represents a substantial risk of physical harm to self as	106439
manifested by evidence of threats of, or attempts at, suicide or	106440
serious self-inflicted bodily harm;	106441

(2) Represents a substantial risk of physical harm to others	106442
as manifested by evidence of recent homicidal or other violent	106443
behavior, evidence of recent threats that place another in	106444
reasonable fear of violent behavior and serious physical harm, or	106445
other evidence of present dangerousness;	106446

(3) Represents a substantial and immediate risk of serious	106447
physical impairment or injury to self as manifested by evidence	106448
that the person is unable to provide for and is not providing for	106449
the person's basic physical needs because of the person's mental	106450
illness and that appropriate provision for those needs cannot be	106451
made immediately available in the community; or	106452

(4) Would benefit from treatment in a hospital for the	106453
person's mental illness and is in need of such treatment as	106454
manifested by evidence of behavior that creates a grave and	106455
imminent risk to substantial rights of others or the person.	106456

(C)(1) "Patient" means, subject to division (C)(2) of this	106457
section, a person who is admitted either voluntarily or	106458
involuntarily to a hospital or other place under section 2945.39,	106459
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	106460
finding of not guilty by reason of insanity or incompetence to	106461
stand trial or under this chapter, who is under observation or	106462
receiving treatment in such place.	106463

(2) "Patient" does not include a person admitted to a	106464
hospital or other place under section 2945.39, 2945.40, 2945.401,	106465
or 2945.402 of the Revised Code to the extent that the reference	106466
in this chapter to patient, or the context in which the reference	106467
occurs, is in conflict with any provision of sections 2945.37 to	106468
2945.402 of the Revised Code.	106469

(D) "Licensed physician" means a person licensed under the	106470
laws of this state to practice medicine or a medical officer of	106471
the government of the United States while in this state in the	106472
performance of the person's official duties.	106473

(E) "Psychiatrist" means a licensed physician who has	106474
satisfactorily completed a residency training program in	106475
psychiatry, as approved by the residency review committee of the	106476
American medical association, the committee on post-graduate	106477
education of the American osteopathic association, or the American	106478
osteopathic board of neurology and psychiatry, or who on July 1,	106479
1989, has been recognized as a psychiatrist by the Ohio state	106480
medical association or the Ohio osteopathic association on the	106481
basis of formal training and five or more years of medical	106482
practice limited to psychiatry.	106483

(F) "Hospital" means a hospital or inpatient unit licensed by	106484
the department of ~~mental health~~mental health and addiction	106485
services under section ~~5119.20~~5119.33 of the Revised Code, and	106486
any institution, hospital, or other place established, controlled,	106487
or supervised by the department under Chapter 5119. of the Revised	106488
Code.	106489

(G) "Public hospital" means a facility that is tax-supported	106490
and under the jurisdiction of the department of ~~mental health~~	106491
mental health and addiction services.	106492

(H) "Community mental health ~~agency~~services provider" means	106493
an agency, association, corporation, individual, or program that	106494
provides community mental health services that are certified by	106495
the director of ~~mental health~~mental health and addiction services	106496
under section ~~5119.611~~5119.36 of the Revised Code.	106497

(I) "Licensed clinical psychologist" means a person who holds	106498
a current valid psychologist license issued under section 4732.12	106499
or 4732.15 of the Revised Code, and in addition, meets either of	106500
the following criteria:	106501

(1) Meets the educational requirements set forth in division	106502
(B) of section 4732.10 of the Revised Code and has a minimum of	106503
two years' full-time professional experience, or the equivalent as	106504
determined by rule of the state board of psychology, at least one	106505
year of which shall be a predoctoral internship, in clinical	106506
psychological work in a public or private hospital or clinic or in	106507
private practice, diagnosing and treating problems of mental	106508
illness or mental retardation under the supervision of a	106509
psychologist who is licensed or who holds a diploma issued by the	106510
American board of professional psychology, or whose qualifications	106511
are substantially similar to those required for licensure by the	106512
state board of psychology when the supervision has occurred prior	106513
to enactment of laws governing the practice of psychology;	106514

(2) Meets the educational requirements set forth in division	106515
(B) of section 4732.15 of the Revised Code and has a minimum of	106516
four years' full-time professional experience, or the equivalent	106517
as determined by rule of the state board of psychology, in	106518
clinical psychological work in a public or private hospital or	106519
clinic or in private practice, diagnosing and treating problems of	106520
mental illness or mental retardation under supervision, as set	106521
forth in division (I)(1) of this section.	106522

(J) "Health officer" means any public health physician;	106523
public health nurse; or other person authorized by or designated	106524
by a city health district; a general health district; or a board	106525
of alcohol, drug addiction, and mental health services to perform	106526
the duties of a health officer under this chapter.	106527

(K) "Chief clinical officer" means the medical director of a	106528
hospital, or a community mental health ~~agency~~services provider,	106529
or a board of alcohol, drug addiction, and mental health services,	106530
or, if there is no medical director, the licensed physician	106531
responsible for the treatment a hospital or community mental	106532
health ~~agency~~services provider provides. The chief clinical	106533
officer may delegate to the attending physician responsible for a	106534
patient's care the duties imposed on the chief clinical officer by	106535
this chapter. Within a community mental health ~~agency~~services	106536
provider, the chief clinical officer shall be designated by the	106537
governing body of the ~~agency~~services provider and shall be a	106538
licensed physician or licensed clinical psychologist who	106539
supervises diagnostic and treatment services. A licensed physician	106540
or licensed clinical psychologist designated by the chief clinical	106541
officer may perform the duties and accept the responsibilities of	106542
the chief clinical officer in the chief clinical officer's	106543
absence.	106544

(L) "Working day" or "court day" means Monday, Tuesday,	106545
Wednesday, Thursday, and Friday, except when such day is a	106546
holiday.	106547

(M) "Indigent" means unable without deprivation of	106548
satisfaction of basic needs to provide for the payment of an	106549
attorney and other necessary expenses of legal representation,	106550
including expert testimony.	106551

(N) "Respondent" means the person whose detention,	106552
commitment, hospitalization, continued hospitalization or	106553
commitment, or discharge is being sought in any proceeding under	106554
this chapter.	106555

(O) "Ohio protection and advocacy system" has the same	106556
meaning as in section 5123.60 of the Revised Code.	106557

(P) "Independent expert evaluation" means an evaluation	106558
conducted by a licensed clinical psychologist, psychiatrist, or	106559
licensed physician who has been selected by the respondent or the	106560
respondent's counsel and who consents to conducting the	106561
evaluation.	106562

(Q) "Court" means the probate division of the court of common	106563
pleas.	106564

(R) "Expunge" means:

106565

(1) The removal and destruction of court files and records,	106566
originals and copies, and the deletion of all index references;	106567

(2) The reporting to the person of the nature and extent of	106568
any information about the person transmitted to any other person	106569
by the court;	106570

(3) Otherwise insuring that any examination of court files	106571
and records in question shall show no record whatever with respect	106572
to the person;	106573

(4) That all rights and privileges are restored, and that the	106574
person, the court, and any other person may properly reply that no	106575
such record exists, as to any matter expunged.	106576

(S) "Residence" means a person's physical presence in a	106577
county with intent to remain there, except that:	106578

(1) If a person is receiving a mental health service at a	106579
facility that includes nighttime sleeping accommodations,	106580
residence means that county in which the person maintained the	106581
person's primary place of residence at the time the person entered	106582
the facility;	106583

(2) If a person is committed pursuant to section 2945.38,	106584
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	106585
residence means the county where the criminal charges were filed.	106586

When the residence of a person is disputed, the matter of	106587
residence shall be referred to the department of ~~mental health~~	106588
mental health and addiction services for investigation and	106589
determination. Residence shall not be a basis for a board's	106590
denying services to any person present in the board's service	106591
district, and the board shall provide services for a person whose	106592
residence is in dispute while residence is being determined and	106593
for a person in an emergency situation.	106594

(T) "Admission" to a hospital or other place means that a	106595
patient is accepted for and stays at least one night at the	106596
hospital or other place.	106597

(U) "Prosecutor" means the prosecuting attorney, village	106598
solicitor, city director of law, or similar chief legal officer	106599
who prosecuted a criminal case in which a person was found not	106600
guilty by reason of insanity, who would have had the authority to	106601
prosecute a criminal case against a person if the person had not	106602
been found incompetent to stand trial, or who prosecuted a case in	106603
which a person was found guilty.	106604

(V) "Treatment plan" means a written statement of reasonable	106605
objectives and goals for an individual established by the	106606
treatment team, with specific criteria to evaluate progress	106607
towards achieving those objectives. The active participation of	106608
the patient in establishing the objectives and goals shall be	106609
documented. The treatment plan shall be based on patient needs and	106610
include services to be provided to the patient while the patient	106611
is hospitalized and after the patient is discharged. The treatment	106612
plan shall address services to be provided upon discharge,	106613
including but not limited to housing, financial, and vocational	106614
services.	106615

(W) "Community control sanction" has the same meaning as in	106616
section 2929.01 of the Revised Code.	106617

(X) "Post-release control sanction" has the same meaning as	106618
in section 2967.01 of the Revised Code.	106619

Sec. 5122.03. A patient admitted under section 5122.02 of	106620
the Revised Code who requests release in writing, or whose release	106621
is requested in writing by the patient's counsel, legal guardian,	106622
parent, spouse, or adult next of kin shall be released forthwith,	106623
except that when:	106624

(A) The patient was admitted on the patient's own application	106625
and the request for release is made by a person other than the	106626
patient, release may be conditional upon the agreement of the	106627
patient; or	106628

(B) The chief clinical officer of the hospital, within three	106629
court days from the receipt of the request for release, files or	106630
causes to be filed with the court of the county where the patient	106631
is hospitalized or of the county where the patient is a resident,	106632
an affidavit under section 5122.11 of the Revised Code. Release	106633
may be postponed until the hearing held under section 5122.141 of	106634
the Revised Code. A telephone communication within three court	106635
days from the receipt of the request for release from the chief	106636
clinical officer to the court, indicating that the required	106637
affidavit has been mailed, is sufficient compliance with the time	106638
limit for filing such affidavit.	106639

Unless the patient is released within three days from the	106640
receipt of the request by the chief clinical officer, the request	106641
shall serve as a request for an initial hearing under section	106642
5122.141 of the Revised Code. If the court finds that the patient	106643
is a mentally ill person subject to hospitalization by court	106644
order, all provisions of this chapter with respect to involuntary	106645
hospitalization apply to such person.	106646

Judicial proceedings for hospitalization shall not be	106647
commenced with respect to a voluntary patient except pursuant to	106648
this section.	106649

Sections 5121.30 to 5121.56 of the Revised Code apply to	106650
persons received in a hospital operated by the department of	106651
~~mental health~~mental health and addiction services on a voluntary	106652
application.	106653

The chief clinical officer of the hospital shall provide	106654
reasonable means and arrangements for informing patients of their	106655
rights to release as provided in this section and for assisting	106656
them in making and presenting requests for release or for a	106657
hearing under section 5122.141 of the Revised Code.	106658

Before a patient is released from a public hospital, the	106659
chief clinical officer shall, when possible, notify the board of	106660
the patient's county of residence of the patient's pending release	106661
after the chief clinical officer has informed the patient that the	106662
board will be so notified.	106663

Sec. 5122.10. Any psychiatrist, licensed clinical	106664
psychologist, licensed physician, health officer, parole officer,	106665
police officer, or sheriff may take a person into custody, or the	106666
chief of the adult parole authority or a parole or probation	106667
officer with the approval of the chief of the authority may take a	106668
parolee, an offender under a community control sanction or a	106669
post-release control sanction, or an offender under transitional	106670
control into custody and may immediately transport the parolee,	106671
offender on community control or post-release control, or offender	106672
under transitional control to a hospital or, notwithstanding	106673
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	106674
not licensed by the department of ~~mental health~~mental health and	106675
addiction services where the parolee, offender on community	106676
control or post-release control, or offender under transitional	106677
control may be held for the period prescribed in this section, if	106678
the psychiatrist, licensed clinical psychologist, licensed	106679
physician, health officer, parole officer, police officer, or	106680
sheriff has reason to believe that the person is a mentally ill	106681
person subject to hospitalization by court order under division	106682
(B) of section 5122.01 of the Revised Code, and represents a	106683
substantial risk of physical harm to self or others if allowed to	106684
remain at liberty pending examination.	106685

A written statement shall be given to such hospital by the	106686
transporting psychiatrist, licensed clinical psychologist,	106687
licensed physician, health officer, parole officer, police	106688
officer, chief of the adult parole authority, parole or probation	106689
officer, or sheriff stating the circumstances under which such	106690
person was taken into custody and the reasons for the	106691
psychiatrist's, licensed clinical psychologist's, licensed	106692
physician's, health officer's, parole officer's, police officer's,	106693
chief of the adult parole authority's, parole or probation	106694
officer's, or sheriff's belief. This statement shall be made	106695
available to the respondent or the respondent's attorney upon	106696
request of either.	106697

Every reasonable and appropriate effort shall be made to take	106698
persons into custody in the least conspicuous manner possible. A	106699
person taking the respondent into custody pursuant to this section	106700
shall explain to the respondent: the name,and professional	106701
designation, and ~~agency~~ affiliation of the person taking the	106702
respondent into custody; that the custody-taking is not a criminal	106703
arrest; and that the person is being taken for examination by	106704
mental health professionals at a specified mental health facility	106705
identified by name.	106706

If a person taken into custody under this section is	106707
transported to a general hospital, the general hospital may admit	106708
the person, or provide care and treatment for the person, or both,	106709
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	106710
by the end of twenty-four hours after arrival at the general	106711
hospital, the person shall be transferred to a hospital as defined	106712
in section 5122.01 of the Revised Code.	106713

A person transported or transferred to a hospital or	106714
community mental health ~~agency~~services provider under this	106715
section shall be examined by the staff of the hospital or ~~agency~~	106716
services provider within twenty-four hours after arrival at the	106717
hospital or ~~agency~~services provider. If to conduct the	106718
examination requires that the person remain overnight, the	106719
hospital or ~~agency~~services provider shall admit the person in an	106720
unclassified status until making a disposition under this section.	106721
After the examination, if the chief clinical officer of the	106722
hospital or ~~agency~~services provider believes that the person is	106723
not a mentally ill person subject to hospitalization by court	106724
order, the chief clinical officer shall release or discharge the	106725
person immediately unless a court has issued a temporary order of	106726
detention applicable to the person under section 5122.11 of the	106727
Revised Code. After the examination, if the chief clinical officer	106728
believes that the person is a mentally ill person subject to	106729
hospitalization by court order, the chief clinical officer may	106730
detain the person for not more than three court days following the	106731
day of the examination and during such period admit the person as	106732
a voluntary patient under section 5122.02 of the Revised Code or	106733
file an affidavit under section 5122.11 of the Revised Code. If	106734
neither action is taken and a court has not otherwise issued a	106735
temporary order of detention applicable to the person under	106736
section 5122.11 of the Revised Code, the chief clinical officer	106737
shall discharge the person at the end of the three-day period	106738
unless the person has been sentenced to the department of	106739
rehabilitation and correction and has not been released from the	106740
person's sentence, in which case the person shall be returned to	106741
that department.	106742

Sec. 5122.11. Proceedings for the hospitalization of a	106743
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	106744
shall be commenced by the filing of an affidavit in the manner and	106745
form prescribed by the department of ~~mental health~~mental health	106746
and addiction services, by any person or persons with the court,	106747
either on reliable information or actual knowledge, whichever is	106748
determined to be proper by the court. This section does not apply	106749
to the hospitalization of a person pursuant to section 2945.39,	106750
2945.40, 2945.401, or 2945.402 of the Revised Code.	106751

The affidavit shall contain an allegation setting forth the	106752
specific category or categories under division (B) of section	106753
5122.01 of the Revised Code upon which the jurisdiction of the	106754
court is based and a statement of alleged facts sufficient to	106755
indicate probable cause to believe that the person is a mentally	106756
ill person subject to hospitalization by court order. The	106757
affidavit may be accompanied, or the court may require that the	106758
affidavit be accompanied, by a certificate of a psychiatrist, or a	106759
certificate signed by a licensed clinical psychologist and a	106760
certificate signed by a licensed physician stating that the person	106761
who issued the certificate has examined the person and is of the	106762
opinion that the person is a mentally ill person subject to	106763
hospitalization by court order, or shall be accompanied by a	106764
written statement by the applicant, under oath, that the person	106765
has refused to submit to an examination by a psychiatrist, or by a	106766
licensed clinical psychologist and licensed physician.	106767

Upon receipt of the affidavit, if a judge of the court or a	106768
referee who is an attorney at law appointed by the court has	106769
probable cause to believe that the person named in the affidavit	106770
is a mentally ill person subject to hospitalization by court	106771
order, the judge or referee may issue a temporary order of	106772
detention ordering any health or police officer or sheriff to take	106773
into custody and transport the person to a hospital or other place	106774
designated in section 5122.17 of the Revised Code, or may set the	106775
matter for further hearing.	106776

The person may be observed and treated until the hearing	106777
provided for in section 5122.141 of the Revised Code. If no such	106778
hearing is held, the person may be observed and treated until the	106779
hearing provided for in section 5122.15 of the Revised Code.	106780

Sec. 5122.12. After receipt of the affidavit required by	106781
section 5122.11 of the Revised Code, the court shall cause written	106782
notice by mail or otherwise of any hearing as the court directs to	106783
be given to the following persons:	106784

(A) The respondent;

106785

(B) The respondent's legal guardian, if any, the respondent's	106786
spouse, if any, and the respondent's parents, if the respondent is	106787
a minor, if these persons' addresses are known to the court or can	106788
be obtained through exercise of reasonable diligence;	106789

106790

(D) Any one person designated by the respondent; but if the	106791
respondent does not make a selection, the notice shall be sent to	106792
the adult next of kin other than the person who filed the	106793
affidavit if that person's address is known to the court or can be	106794
obtained through exercise of reasonable diligence;	106795

(E) The respondent's counsel;

106796

(F) The director, chief clinical officer, or the respective	106797
designee of the hospital, board, ~~agency~~community mental health	106798
services provider, or facility to which the person has been	106799
committed;	106800

(G) The board of alcohol, drug addiction, and mental health	106801
services serving the respondent's county of residence or ~~an agency~~	106802
a services provider the board designates.	106803

Any person entitled to notice under this section, with the	106804
exception of the respondent, may waive the notice.	106805

A copy of the affidavit and temporary order of detention	106806
shall be served with the notice to the parties and to respondent's	106807
counsel, if counsel has been appointed or retained.	106808

Sec. 5122.13. Upon receipt of the affidavit required by	106809
section 5122.11 of the Revised Code, the court shall refer the	106810
affidavit to the board of alcohol, drug addiction, and mental	106811
health services or ~~an agency~~community mental health services	106812
provider the board designates to assist the court in determining	106813
whether the respondent is subject to hospitalization and whether	106814
alternative services are available, unless the ~~agency~~services	106815
provider or board has already performed such screening. The board	106816
or ~~agency~~services provider shall review the allegations of the	106817
affidavit and other information relating to whether or not the	106818
person named in the affidavit or statement is a mentally ill	106819
person subject to hospitalization by court order, and the	106820
availability of appropriate treatment alternatives.	106821

The person who conducts the investigation shall promptly make	106822
a report to the court, in writing, in open court or in chambers,	106823
as directed by the court and a full record of the report shall be	106824
made by the court. The report is not admissible as evidence for	106825
the purpose of establishing whether or not the respondent is a	106826
mentally ill person subject to hospitalization by court order, but	106827
shall be considered by the court in its determination of an	106828
appropriate placement for any person after that person is found to	106829
be a mentally ill person subject to hospitalization.	106830

The court, prior to the hearing under section 5122.141 of the	106831
Revised Code, shall release a copy of the investigative report to	106832
the respondent's counsel.	106833

Nothing in this section precludes a judge or referee from	106834
issuing a temporary order of detention pursuant to section 5122.11	106835
of the Revised Code.	106836

Sec. 5122.15. (A) Full hearings shall be conducted in a	106837
manner consistent with this chapter and with due process of law.	106838
The hearings shall be conducted by a judge of the probate court or	106839
a referee designated by a judge of the probate court and may be	106840
conducted in or out of the county in which the respondent is held.	106841
Any referee designated under this division shall be an attorney.	106842

(1) With the consent of the respondent, the following shall	106843
be made available to counsel for the respondent:	106844

(a) All relevant documents, information, and evidence in the	106845
custody or control of the state or prosecutor;	106846

(b) All relevant documents, information, and evidence in the	106847
custody or control of the hospital in which the respondent	106848
currently is held, or in which the respondent has been held	106849
pursuant to this chapter;	106850

(c) All relevant documents, information, and evidence in the	106851
custody or control of any hospital, facility, or person not	106852
included in division (A)(1)(a) or (b) of this section.	106853

(2) The respondent has the right to attend the hearing and to	106854
be represented by counsel of the respondent's choice. The right to	106855
attend the hearing may be waived only by the respondent or counsel	106856
for the respondent after consultation with the respondent.	106857

(3) If the respondent is not represented by counsel, is	106858
absent from the hearing, and has not validly waived the right to	106859
counsel, the court shall appoint counsel immediately to represent	106860
the respondent at the hearing, reserving the right to tax costs of	106861
appointed counsel to the respondent, unless it is shown that the	106862
respondent is indigent. If the court appoints counsel, or if the	106863
court determines that the evidence relevant to the respondent's	106864
absence does not justify the absence, the court shall continue the	106865
case.	106866

(4) The respondent shall be informed that the respondent may	106867
retain counsel and have independent expert evaluation. If the	106868
respondent is unable to obtain an attorney, the respondent shall	106869
be represented by court-appointed counsel. If the respondent is	106870
indigent, court-appointed counsel and independent expert	106871
evaluation shall be provided as an expense under section 5122.43	106872
of the Revised Code.	106873

(5) The hearing shall be closed to the public, unless counsel	106874
for the respondent, with the permission of the respondent,	106875
requests that the hearing be open to the public.	106876

(6) If the hearing is closed to the public, the court, for	106877
good cause shown, may admit persons who have a legitimate interest	106878
in the proceedings. If the respondent, the respondent's counsel,	106879
or the designee of the director or of the chief clinical officer	106880
objects to the admission of any person, the court shall hear the	106881
objection and any opposing argument and shall rule upon the	106882
admission of the person to the hearing.	106883

(7) The affiant under section 5122.11 of the Revised Code	106884
shall be subject to subpoena by either party.	106885

(8) The court shall examine the sufficiency of all documents	106886
filed and shall inform the respondent, if present, and the	106887
respondent's counsel of the nature and content of the documents	106888
and the reason for which the respondent is being detained, or for	106889
which the respondent's placement is being sought.	106890

(9) The court shall receive only reliable, competent, and	106891
material evidence.	106892

(10) Unless proceedings are initiated pursuant to section	106893
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	106894
~~initiated regarding a resident of the service district of a board~~	106895
~~of alcohol, drug addiction, and mental health services that elects~~	106896
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	106897
~~to accept the amount allocated to it under that section~~, an	106898
attorney that the board designates shall present the case	106899
demonstrating that the respondent is a mentally ill person subject	106900
to hospitalization by court order. The attorney shall offer	106901
evidence of the diagnosis, prognosis, record of treatment, if any,	106902
and less restrictive treatment plans, if any. In proceedings	106903
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	106904
~~proceedings in which the respondent is a resident of a service~~	106905
~~district of a board that elects under division (C)(2) of section~~	106906
~~5119.62 of the Revised Code not to accept the amount allocated to~~	106907
~~it under that section~~, the attorney general shall designate an	106908
attorney who shall present the case demonstrating that the	106909
respondent is a mentally ill person subject to hospitalization by	106910
court order. The attorney shall offer evidence of the diagnosis,	106911
prognosis, record of treatment, if any, and less restrictive	106912
treatment plans, if any.	106913

(11) The respondent or the respondent's counsel has the right	106914
to subpoena witnesses and documents and to examine and	106915
cross-examine witnesses.	106916

(12) The respondent has the right, but shall not be	106917
compelled, to testify, and shall be so advised by the court.	106918

(13) On motion of the respondent or the respondent's counsel	106919
for good cause shown, or on the court's own motion, the court may	106920
order a continuance of the hearing.	106921

(14) If the respondent is represented by counsel and the	106922
respondent's counsel requests a transcript and record, or if the	106923
respondent is not represented by counsel, the court shall make and	106924
maintain a full transcript and record of the proceeding. If the	106925
respondent is indigent and the transcript and record is made, a	106926
copy shall be provided to the respondent upon request and be	106927
treated as an expense under section 5122.43 of the Revised Code.	106928

(15) To the extent not inconsistent with this chapter, the	106929
Rules of Civil Procedure are applicable.	106930

(B) Unless, upon completion of the hearing the court finds by	106931
clear and convincing evidence that the respondent is a mentally	106932
ill person subject to hospitalization by court order, it shall	106933
order the respondent's discharge immediately.	106934

(C) If, upon completion of the hearing, the court finds by	106935
clear and convincing evidence that the respondent is a mentally	106936
ill person subject to hospitalization by court order, the court	106937
shall order the respondent for a period not to exceed ninety days	106938
to any of the following:	106939

(1) A hospital operated by the department of ~~mental health~~	106940
mental health and addiction services if the respondent is	106941
committed pursuant to section 5139.08 of the Revised Code;	106942

(2) A nonpublic hospital;

106943

(3) The veterans' administration or other agency of the	106944
United States government;	106945

(4) A board of alcohol, drug addiction, and mental health	106946
services or ~~agency~~services provider the board designates;	106947

(5) Receive private psychiatric or psychological care and	106948
treatment;	106949

(6) Any other suitable facility or person consistent with the	106950
diagnosis, prognosis, and treatment needs of the respondent.	106951

(D) Any order made pursuant to division (C)(2), (3), (5), or	106952
(6) of this section shall be conditioned upon the receipt by the	106953
court of consent by the hospital, facility, agency, or person to	106954
accept the respondent.	106955

(E) In determining the place to which, or the person with	106956
whom, the respondent is to be committed, the court shall consider	106957
the diagnosis, prognosis, preferences of the respondent and the	106958
projected treatment plan for the respondent and shall order the	106959
implementation of the least restrictive alternative available and	106960
consistent with treatment goals. If the court determines that the	106961
least restrictive alternative available that is consistent with	106962
treatment goals is inpatient hospitalization, the court's order	106963
shall so state.	106964

(F) During such ninety-day period the hospital; facility;	106965
board of alcohol, drug addiction, and mental health services;	106966
~~agency~~services provider the board designates; or person shall	106967
examine and treat the individual. If, at any time prior to the	106968
expiration of the ninety-day period, it is determined by the	106969
hospital, facility, board, ~~agency~~services provider, or person	106970
that the respondent's treatment needs could be equally well met in	106971
an available and appropriate less restrictive environment, both of	106972
the following apply:	106973

(1) The respondent shall be released from the care of the	106974
hospital, ~~agency~~services provider, facility, or person	106975
immediately and shall be referred to the court together with a	106976
report of the findings and recommendations of the hospital, ~~agency~~	106977
services provider, facility, or person; and	106978

(2) The hospital, ~~agency~~services provider, facility, or	106979
person shall notify the respondent's counsel or the attorney	106980
designated by a board of alcohol, drug addiction, and mental	106981
health services or, if the respondent was committed to a board or	106982
~~an agency~~a services provider designated by the board, it shall	106983
place the respondent in the least restrictive environment	106984
available consistent with treatment goals and notify the court and	106985
the respondent's counsel of the placement.	106986

The court shall dismiss the case or order placement in the	106987
least restrictive environment.	106988

(G)(1) Except as provided in divisions (G)(2) and (3) of this	106989
section, any person who has been committed under this section, or	106990
for whom proceedings for hospitalization have been commenced	106991
pursuant to section 5122.11 of the Revised Code, may apply at any	106992
time for voluntary admission to the hospital, facility, ~~agency~~or	106993
services provider that the board designates, or person to which	106994
the person was committed. Upon admission as a voluntary patient	106995
the chief clinical officer of the hospital, ~~agency~~services	106996
provider, or other facility, or the person immediately shall	106997
notify the court, the patient's counsel, and the attorney	106998
designated by the board, if the attorney has entered the	106999
proceedings, in writing of that fact, and, upon receipt of the	107000
notice, the court shall dismiss the case.	107001

(2) A person who is found incompetent to stand trial or not	107002
guilty by reason of insanity and who is committed pursuant to	107003
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	107004
Code shall not voluntarily commit the person pursuant to this	107005
section until after the final termination of the commitment, as	107006
described in division (J) of section 2945.401 of the Revised Code.	107007

(H) If, at the end of the first ninety-day period or any	107008
subsequent period of continued commitment, there has been no	107009
disposition of the case, either by discharge or voluntary	107010
admission, the hospital, facility, board, ~~agency~~services	107011
provider, or person shall discharge the patient immediately,	107012
unless at least ten days before the expiration of the period the	107013
attorney the board designates or the prosecutor files with the	107014
court an application for continued commitment. The application of	107015
the attorney or the prosecutor shall include a written report	107016
containing the diagnosis, prognosis, past treatment, a list of	107017
alternative treatment settings and plans, and identification of	107018
the treatment setting that is the least restrictive consistent	107019
with treatment needs. The attorney the board designates or the	107020
prosecutor shall file the written report at least three days prior	107021
to the full hearing. A copy of the application and written report	107022
shall be provided to the respondent's counsel immediately.	107023

The court shall hold a full hearing on applications for	107024
continued commitment at the expiration of the first ninety-day	107025
period and at least every two years after the expiration of the	107026
first ninety-day period.	107027

Hearings following any application for continued commitment	107028
are mandatory and may not be waived.	107029

Upon request of a person who is involuntarily committed under	107030
this section, or the person's counsel, that is made more than one	107031
hundred eighty days after the person's last full hearing,	107032
mandatory or requested, the court shall hold a full hearing on the	107033
person's continued commitment. Upon the application of a person	107034
involuntarily committed under this section, supported by an	107035
affidavit of a psychiatrist or licensed clinical psychologist,	107036
alleging that the person no longer is a mentally ill person	107037
subject to hospitalization by court order, the court for good	107038
cause shown may hold a full hearing on the person's continued	107039
commitment prior to the expiration of one hundred eighty days	107040
after the person's last full hearing. Section 5122.12 of the	107041
Revised Code applies to all hearings on continued commitment.	107042

If the court, after a hearing for continued commitment finds	107043
by clear and convincing evidence that the respondent is a mentally	107044
ill person subject to hospitalization by court order, the court	107045
may order continued commitment at places specified in division (C)	107046
of this section.	107047

(I) Unless the admission is pursuant to section 5120.17 or	107048
5139.08 of the Revised Code, the chief clinical officer of the	107049
hospital or ~~agency~~services provider admitting a respondent	107050
pursuant to a judicial proceeding, within ten working days of the	107051
admission, shall make a report of the admission to the board of	107052
alcohol, drug addiction, and mental health services serving the	107053
respondent's county of residence.	107054

(J) A referee appointed by the court may make all orders that	107055
a judge may make under this section and sections 5122.11 and	107056
5122.141 of the Revised Code, except an order of contempt of	107057
court. The orders of a referee take effect immediately. Within	107058
fourteen days of the making of an order by a referee, a party may	107059
file written objections to the order with the court. The filed	107060
objections shall be considered a motion, shall be specific, and	107061
shall state their grounds with particularity. Within ten days of	107062
the filing of the objections, a judge of the court shall hold a	107063
hearing on the objections and may hear and consider any testimony	107064
or other evidence relating to the respondent's mental condition.	107065
At the conclusion of the hearing, the judge may ratify, rescind,	107066
or modify the referee's order.	107067

(K) An order of the court under division (C), (H), or (J) of	107068
this section is a final order.	107069

(L) Before a board, or ~~an agency~~a services provider the	107070
board designates, may place an unconsenting respondent in an	107071
inpatient setting from a less restrictive placement, the board or	107072
~~agency~~services provider shall do all of the following:	107073

(1) Determine that the respondent is in immediate need of	107074
treatment in an inpatient setting because the respondent	107075
represents a substantial risk of physical harm to the respondent	107076
or others if allowed to remain in a less restrictive setting;	107077

(2) On the day of placement in the inpatient setting or on	107078
the next court day, file with the court a motion for transfer to	107079
an inpatient setting or communicate to the court by telephone that	107080
the required motion has been mailed;	107081

(3) Ensure that every reasonable and appropriate effort is	107082
made to take the respondent to the inpatient setting in the least	107083
conspicuous manner possible;	107084

(4) Immediately notify the board's designated attorney and	107085
the respondent's attorney.	107086

At the respondent's request, the court shall hold a hearing	107087
on the motion and make a determination pursuant to division (E) of	107088
this section within five days of the placement.	107089

(M) Before a board, or ~~an agency~~a services provider the	107090
board designates, may move a respondent from one residential	107091
placement to another, the board or ~~agency~~services provider shall	107092
consult with the respondent about the placement. If the respondent	107093
objects to the placement, the proposed placement and the need for	107094
it shall be reviewed by a qualified mental health professional who	107095
otherwise is not involved in the treatment of the respondent.	107096

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	107097
taken into custody or ordered to be hospitalized pursuant to this	107098
chapter may be detained for not more than forty-eight hours in a	107099
licensed rest or nursing home, a licensed or unlicensed hospital,	107100
a community mental health ~~agency~~services provider, or a county	107101
home, but hethe person shall not be detained in a nonmedical	107102
facility used for detention of persons charged with or convicted	107103
of penal offenses unless the court finds that a less restrictive	107104
alternative cannot be made available.	107105

Sec. 5122.18. Whenever a person has been involuntarily	107106
detained at or admitted to a hospital, community mental health	107107
~~agency~~services provider, or other facility at the request of	107108
anyone other than the person's legal guardian, spouse, or next of	107109
kin under this chapter, the chief clinical officer of the	107110
hospital, ~~agency~~services provider, or other facility in which the	107111
person is temporarily detained under section 5122.17 of the	107112
Revised Code shall immediately notify the person's legal guardian,	107113
spouse or next of kin, and counsel, if these persons can be	107114
ascertained through exercise of reasonable diligence. If a person	107115
voluntarily remains at or is admitted to a hospital, ~~agency~~	107116
services provider, or other facility, such notification shall not	107117
be given without ~~his~~the person's consent. The chief clinical	107118
officer of the hospital, ~~agency~~services provider, or other	107119
facility shall inform a person voluntarily remaining at or	107120
admitted to a hospital, ~~agency~~services provider, or other	107121
facility that hethe person may authorize such notification.	107122

Sec. 5122.19. Every person transported to a hospital or	107123
community mental health ~~agency~~services provider pursuant to	107124
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	107125
by the staff of the hospital or ~~agency~~services provider as soon	107126
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	107127
services provider. Such an examination shall be held within	107128
twenty-four hours after the time of arrival, and if the chief	107129
clinical officer fails after such an examination to certify that	107130
in ~~his~~the chief clinical officer's opinion the person is a	107131
mentally ill person subject to hospitalization by court order, the	107132
person shall be immediately released.	107133

Sec. 5122.20. The director of ~~mental health~~mental health	107134
and addiction services or the director's designee may transfer, or	107135
authorize the transfer of, an involuntary patient, or a consenting	107136
voluntary patient hospitalized pursuant to section 5122.02 or	107137
sections 5122.11 to 5122.15 of the Revised Code, from one public	107138
hospital to another, or to a hospital, community mental health	107139
~~agency~~services provider, or other facility offering treatment or	107140
other services for mental illness, if the medical director of the	107141
department of ~~mental health~~mental health and addiction services	107142
determines that it would be consistent with the medical needs of	107143
the patient to do so. If such a transfer is made to a private	107144
facility, the transfer shall be conditioned upon the consent of	107145
the facility.	107146

Before an involuntary patient may be transferred to a more	107147
restrictive setting, the chief clinical officer shall file a	107148
motion with the court requesting the court to amend its order of	107149
placement issued under section 5122.15 of the Revised Code. At the	107150
patient's request, the court shall hold a hearing on the motion at	107151
which the patient has the same rights as at a full hearing under	107152
section 5122.15 of the Revised Code. The hearing shall be held	107153
within ten days after the date on which the respondent was	107154
transferred to the more restrictive setting or on which the motion	107155
was filed, whichever is earlier. On the motion of the respondent,	107156
the respondent's counsel, or the chief clinical officer, or on its	107157
own motion, and for good cause shown, the court may order a	107158
continuance of the hearing for up to ten days.	107159

Whenever an involuntary patient is transferred, written	107160
notice of the transfer shall be given to the patient's legal	107161
guardian, parents, spouse, and counsel, or, if none is known, to	107162
the patient's nearest known relative or friend. If the patient is	107163
a minor, the department, before making such a transfer, shall make	107164
a minute of the order for the transfer and the reason for it upon	107165
its record and shall send a certified copy at least seven days	107166
prior to the transfer to the person shown by its record to have	107167
had the care or custody of the minor immediately prior to the	107168
minor's commitment. Whenever a consenting voluntary patient is	107169
transferred, the notification shall be given only at the patient's	107170
request. The chief clinical officer shall advise a voluntary	107171
patient who is being transferred that the patient may decide if	107172
the notification shall be given. In all such transfers, due	107173
consideration shall be given to the wishes of the patient, and the	107174
relationship of the patient to the patient's family, legal	107175
guardian, or friends, so as to maintain the relationship and	107176
encourage visits beneficial to the patient.	107177

When a voluntary patient whose medical or psychological needs	107178
are found by the chief clinical officer to warrant a transfer	107179
refuses to be transferred to an alternate facility, the chief	107180
clinical officer may file an affidavit for a hearing under section	107181
5122.11 of the Revised Code.	107182

Sec. 5122.21. (A) The chief clinical officer shall as	107183
frequently as practicable, and at least once every thirty days,	107184
examine or cause to be examined every patient, and, whenever the	107185
chief clinical officer determines that the conditions justifying	107186
involuntary hospitalization or commitment no longer obtain, shall	107187
discharge the patient not under indictment or conviction for crime	107188
and immediately make a report of the discharge to the department	107189
of ~~mental health~~mental health and addiction services. The chief	107190
clinical officer may discharge a patient who is under an	107191
indictment, a sentence of imprisonment, a community control	107192
sanction, or a post-release control sanction or on parole ten days	107193
after written notice of intent to discharge the patient has been	107194
given by personal service or certified mail, return receipt	107195
requested, to the court having criminal jurisdiction over the	107196
patient. Except when the patient was found not guilty by reason of	107197
insanity and the defendant's commitment is pursuant to section	107198
2945.40 of the Revised Code, the chief clinical officer has final	107199
authority to discharge a patient who is under an indictment, a	107200
sentence of imprisonment, a community control sanction, or a	107201
post-release control sanction or on parole.	107202

(B) After a finding pursuant to section 5122.15 of the	107203
Revised Code that a person is a mentally ill person subject to	107204
hospitalization by court order, the chief clinical officer of the	107205
hospital or ~~agency~~community mental health services provider to	107206
which the person is ordered or to which the person is transferred	107207
under section 5122.20 of the Revised Code, may grant a discharge	107208
without the consent or authorization of any court.	107209

Upon discharge, the chief clinical officer shall notify the	107210
court that caused the judicial hospitalization of the discharge	107211
from the hospital.	107212

Sec. 5122.23. The chief clinical officer of a public	107213
hospital shall immediately report to the department of ~~mental~~	107214
~~health~~mental health and addiction services and the board of	107215
alcohol, drug addiction, and mental health services serving the	107216
patient's county of residence the removal, death, escape,	107217
discharge, or trial visit of any patient hospitalized under	107218
section 5122.15 of the Revised Code, or the return of such an	107219
escaped or visiting patient to the department, the probate judge	107220
of the county from which such patient was hospitalized, and the	107221
probate judge of the county of residence of such patient. In case	107222
of death, the chief clinical officer also shall notify one or more	107223
of the nearest relatives of the deceased patient, if known to ~~him~~	107224
the chief clinical officer, by letter, telegram, or telephone. If	107225
the place of residence of such relative is unknown to the chief	107226
clinical officer, immediately upon receiving notification the	107227
probate judge shall in the speediest manner possible notify such	107228
relatives, if known to ~~him~~the probate judge.	107229

The chief clinical officer of a public hospital, upon the	107230
request of the probate judge of the county from which a patient	107231
was hospitalized or the probate judge of the county of residence	107232
of such a patient, shall make a report to the judge of the	107233
condition of any patient under the care, treatment, custody, or	107234
control of the chief clinical officer.	107235

Sec. 5122.25. Upon the request of a hospital, person, board,	107236
~~agency~~community mental health services provider, or facility who	107237
has custody of a patient hospitalized pursuant to section 5122.15	107238
of the Revised Code, or on the order of the court, such patient	107239
may be called for a rehearing at such place within the county of	107240
~~his~~the patient's residence or the county where such patient is	107241
hospitalized as the court designates. The hearing shall be	107242
conducted pursuant to section 5122.15 of the Revised Code.	107243

Sec. 5122.26. (A) If a patient is absent without leave, on a	107244
verbal or written order issued within five days of the time of the	107245
unauthorized absence by the department of ~~mental health~~mental	107246
health and addiction services, the chief clinical officer of the	107247
hospital from which the patient is absent without leave, or the	107248
court of either the county from which the patient was committed or	107249
in which the patient is found, any health or police officer or	107250
sheriff may take the patient into custody and transport the	107251
patient to the hospital in which the patient was hospitalized or	107252
to a place that is designated in the order. The officer	107253
immediately shall report such fact to the ~~agency~~entity that	107254
issued the order.	107255

The chief clinical officer of a hospital may discharge a	107256
patient who is under an indictment, a sentence of imprisonment, a	107257
community control sanction, or a post-release control sanction or	107258
on parole and who has been absent without leave for more than	107259
thirty days but shall give written notice of the discharge to the	107260
court with criminal jurisdiction over the patient. The chief	107261
clinical officer of a hospital may discharge any other patient who	107262
has been absent without leave for more than fourteen days.	107263

The chief clinical officer shall take all proper measures for	107264
the apprehension of an escaped patient. The expense of the return	107265
of an escaped patient shall be borne by the hospital where the	107266
patient is hospitalized.	107267

(B)(1) Subject to division (B)(2) of this section, no patient	107268
hospitalized under Chapter 5122. of the Revised Code whose absence	107269
without leave was caused or contributed to by the patient's mental	107270
illness shall be subject to a charge of escape.	107271

(2) Division (B)(1) of this section does not apply to any	107272
person who was hospitalized, institutionalized, or confined in a	107273
facility under an order made pursuant to or under authority of	107274
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	107275
2945.402 of the Revised Code and who escapes from the facility,	107276
from confinement in a vehicle for transportation to or from the	107277
facility, or from supervision by an employee of the facility that	107278
is incidental to hospitalization, institutionalization, or	107279
confinement in the facility and that occurs outside the facility,	107280
in violation of section 2921.34 of the Revised Code.	107281

Sec. 5122.27. The chief clinical officer of the hospital or	107282
the chief clinical officer's designee shall assure that all	107283
patients hospitalized or committed pursuant to this chapter shall:	107284

(A) Receive, within twenty days of their admission sufficient	107285
professional care to assure that an evaluation of current status,	107286
differential diagnosis, probable prognosis, and description of the	107287
current treatment plan is stated on the official chart;	107288

(B) Have a written treatment plan consistent with the	107289
evaluation, diagnosis, prognosis, and goals which shall be	107290
provided, upon request of the patient or patient's counsel, to the	107291
patient's counsel and to any private physician or licensed	107292
clinical psychologist designated by the patient or the patient's	107293
counsel or to the Ohio protection and advocacy system;	107294

(C) Receive treatment consistent with the treatment plan. The	107295
department of ~~mental health~~mental health and addiction services	107296
shall set standards for treatment provided to such patients,	107297
consistent wherever possible with standards set by the joint	107298
commission ~~on accreditation of healthcare organizations~~.	107299

(D) Receive periodic reevaluations of the treatment plan by	107300
the professional staff at intervals not to exceed ninety days;	107301

(E) Be provided with adequate medical treatment for physical	107302
disease or injury;	107303

(F) Receive humane care and treatment, including without	107304
limitation, the following:	107305

(1) The least restrictive environment consistent with the	107306
treatment plan;	107307

(2) The necessary facilities and personnel required by the	107308
treatment plan;	107309

(3) A humane psychological and physical environment;

107310

(4) The right to obtain current information concerning the	107311
patient's treatment program and expectations in terms that the	107312
patient can reasonably understand;	107313

(5) Participation in programs designed to afford the patient	107314
substantial opportunity to acquire skills to facilitate return to	107315
the community or to terminate an involuntary commitment;	107316

(6) The right to be free from unnecessary or excessive	107317
medication;	107318

(7) Freedom from restraints or isolation unless it is stated	107319
in a written order by the chief clinical officer or the chief	107320
clinical officer's designee, or the patient's individual physician	107321
or psychologist in a private or general hospital.	107322

If the chief clinical officer of the hospital is unable to	107323
provide the treatment required by divisions (C), (E), and (F) of	107324
this section for any patient hospitalized pursuant to Chapter	107325
5122. of the Revised Code, the chief clinical officer shall	107326
immediately notify the patient, the court, the Ohio protection and	107327
advocacy system, the director of ~~mental health~~mental health and	107328
addiction services, and the patient's counsel and legal guardian,	107329
if known. If within ten days after receipt of such notification by	107330
the director, the director is unable to effect a transfer of the	107331
patient, pursuant to section 5122.20 of the Revised Code, to a	107332
hospital, community mental health ~~agency~~services provider, or	107333
other medical facility where treatment is available, or has not	107334
received an order of the court to the contrary, the involuntary	107335
commitment of any patient hospitalized pursuant to Chapter 5122.	107336
of the Revised Code and defined as a mentally ill person subject	107337
to hospitalization by court order under division (B)(4) of section	107338
5122.01 of the Revised Code shall automatically be terminated.	107339

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	107340
and (E) of this section, the chief clinical officer or, in a	107341
nonpublic hospital, the attending physician responsible for a	107342
patient's care shall provide all information, including expected	107343
physical and medical consequences, necessary to enable any patient	107344
of a hospital for the mentally ill to give a fully informed,	107345
intelligent, and knowing consent, the opportunity to consult with	107346
independent specialists and counsel, and the right to refuse	107347
consent for any of the following:	107348

(1) Surgery;

107349

(2) Convulsive therapy;

107350

(3) Major aversive interventions;

107351

(4) Sterilizations;

107352

(5) Any unusually hazardous treatment procedures;

107353

(6) Psycho-surgery.

107354

(B) No patient shall be subjected to any of the procedures	107355
listed in divisions (A)(4) to (6) of this section until both the	107356
patient's informed, intelligent, and knowing consent and the	107357
approval of the court have been obtained, except that court	107358
approval is not required for a legally competent and voluntary	107359
patient in a nonpublic hospital.	107360

(C) If, after providing the information required under	107361
division (A) of this section to the patient, the chief clinical	107362
officer or attending physician concludes that a patient is	107363
physically or mentally unable to receive the information required	107364
for surgery under division (A)(1) of this section, or has been	107365
adjudicated incompetent, the information may be provided to the	107366
patient's natural or court-appointed guardian, who may give an	107367
informed, intelligent, and knowing written consent.	107368

If a patient is physically or mentally unable to receive the	107369
information required for surgery under division (A)(1) of this	107370
section and has no guardian, the information, the recommendation	107371
of the chief clinical officer, and the concurring judgment of a	107372
licensed physician who is not a full-time employee of the state	107373
may be provided to the court in the county in which the hospital	107374
is located, which may approve the surgery. Before approving the	107375
surgery, the court shall notify the Ohio protection and advocacy	107376
system created by section 5123.60 of the Revised Code, and shall	107377
notify the patient of the rights to consult with counsel, to have	107378
counsel appointed by the court if the patient is indigent, and to	107379
contest the recommendation of the chief clinical officer.	107380

(D) If, in a medical emergency, and after providing the	107381
information required under division (A) of this section to the	107382
patient, it is the judgment of one licensed physician that delay	107383
in obtaining surgery would create a grave danger to the health of	107384
the patient, it may be administered without the consent of the	107385
patient or the patient's guardian if the necessary information is	107386
provided to the patient's spouse or next of kin to enable that	107387
person to give informed, intelligent, and knowing written consent.	107388
If no spouse or next of kin can reasonably be contacted, or if the	107389
spouse or next of kin is contacted, but refuses to consent, the	107390
surgery may be performed upon the written authorization of the	107391
chief clinical officer or, in a nonpublic hospital, upon the	107392
written authorization of the attending physician responsible for	107393
the patient's care, and after the approval of the court has been	107394
obtained. However, if delay in obtaining court approval would	107395
create a grave danger to the life of the patient, the chief	107396
clinical officer or, in a nonpublic hospital, the attending	107397
physician responsible for the patient's care may authorize	107398
surgery, in writing, without court approval. If the surgery is	107399
authorized without court approval, the chief clinical officer or	107400
the attending physician who made the authorization and the	107401
physician who performed the surgery shall each execute an	107402
affidavit describing the circumstances constituting the emergency	107403
and warranting the surgery and the circumstances warranting their	107404
not obtaining prior court approval. The affidavit shall be filed	107405
with the court with which the request for prior approval would	107406
have been filed within five court days after the surgery, and a	107407
copy of the affidavit shall be placed in the patient's file and be	107408
given to the guardian, spouse, or next of kin of the patient, to	107409
the hospital at which the surgery was performed, and to the Ohio	107410
protection and advocacy system as defined in section 5123.60 of	107411
the Revised Code.	107412

(E) Major aversive interventions shall not be used unless a	107413
patient continues to engage in behavior destructive to self or	107414
others after other forms of therapy have been attempted. Major	107415
aversive interventions may be applied if approved by the director	107416
of ~~mental health~~mental health and addiction services. Major	107417
aversive interventions shall not be applied to a voluntary patient	107418
without the informed, intelligent, and knowing written consent of	107419
the patient or the patient's guardian.	107420

(F) Unless there is substantial risk of physical harm to self	107421
or others, or other than under division (D) of this section, this	107422
chapter does not authorize any form of compulsory medical,	107423
psychological, or psychiatric treatment of any patient who is	107424
being treated by spiritual means through prayer alone in	107425
accordance with a recognized religious method of healing without	107426
specific court authorization.	107427

(G) For purposes of this section, "convulsive therapy" does	107428
not include defibrillation.	107429

Sec. 5122.31. (A) All certificates, applications, records,	107430
and reports made for the purpose of this chapter and sections	107431
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	107432
Code, other than court journal entries or court docket entries,	107433
and directly or indirectly identifying a patient or former patient	107434
or person whose hospitalization has been sought under this	107435
chapter, shall be kept confidential and shall not be disclosed by	107436
any person except:	107437

(1) If the person identified, or the person's legal guardian,	107438
if any, or if the person is a minor, the person's parent or legal	107439
guardian, consents, and if the disclosure is in the best interests	107440
of the person, as may be determined by the court for judicial	107441
records and by the chief clinical officer for medical records;	107442

(2) When disclosure is provided for in this chapter, Chapters	107443
340. or 5119., Title XLVII, or section 5123.601 of the Revised	107444
Code;	107445

(3) That hospitals, boards of alcohol, drug addiction, and	107446
mental health services, and community mental health ~~agencies~~	107447
services providers may release necessary medical information to	107448
insurers and other third-party payers, including government	107449
entities responsible for processing and authorizing payment, to	107450
obtain payment for goods and services furnished to the patient;	107451

(4) Pursuant to a court order signed by a judge;

107452

(5) That a patient shall be granted access to the patient's	107453
own psychiatric and medical records, unless access specifically is	107454
restricted in a patient's treatment plan for clear treatment	107455
reasons;	107456

(6) That hospitals and other institutions and facilities	107457
within the department of ~~mental health~~mental health and addiction	107458
services may exchange psychiatric records and other pertinent	107459
information with other hospitals, institutions, and facilities of	107460
the department, and with community mental health ~~agencies~~services	107461
providers and boards of alcohol, drug addiction, and mental health	107462
services with which the department has a current agreement for	107463
patient care or services. Records and information that may be	107464
released pursuant to this division shall be limited to medication	107465
history, physical health status and history, financial status,	107466
summary of course of treatment in the hospital, summary of	107467
treatment needs, and a discharge summary, if any.	107468

(7) That hospitals within the department,and other	107469
institutions and facilities within the department~~, hospitals~~	107470
~~licensed by the department under section 5119.20 of the Revised~~	107471
~~Code, and community mental health agencies~~ may exchange	107472
psychiatric records and other pertinent information with payers	107473
and other providers of treatment and health services if the	107474
purpose of the exchange is to facilitate continuity of care for a	107475
patient or for the emergency treatment of an individual;	107476

(8) That a patient's family member who is involved in the	107477
provision, planning, and monitoring of services to the patient may	107478
receive medication information, a summary of the patient's	107479
diagnosis and prognosis, and a list of the services and personnel	107480
available to assist the patient and the patient's family, if the	107481
patient's treating physician determines that the disclosure would	107482
be in the best interests of the patient. No such disclosure shall	107483
be made unless the patient is notified first and receives the	107484
information and does not object to the disclosure.	107485

(9) That community mental health ~~agencies~~services providers	107486
may exchange psychiatric records and certain other information	107487
with the board of alcohol, drug addiction, and mental health	107488
services and other ~~agencies~~services providers in order to	107489
provide services to a person involuntarily committed to a board.	107490
Release of records under this division shall be limited to	107491
medication history, physical health status and history, financial	107492
status, summary of course of treatment, summary of treatment	107493
needs, and discharge summary, if any.	107494

(10) That information may be disclosed to the executor or the	107495
administrator of an estate of a deceased patient when the	107496
information is necessary to administer the estate;	107497

(11) That records in the possession of the Ohio historical	107498
society may be released to the closest living relative of a	107499
deceased patient upon request of that relative;	107500

(12) ~~That information may be disclosed to staff members of~~	107501
~~the appropriate board or to staff members designated by the~~	107502
~~director of mental health for the purpose of evaluating the~~	107503
~~quality, effectiveness, and efficiency of services and determining~~	107504
~~if the services meet minimum standards. Information obtained~~	107505
~~during such evaluations shall not be retained with the name of any~~	107506
~~patient.~~	107507

~~(13)~~ That records pertaining to the patient's diagnosis,	107508
course of treatment, treatment needs, and prognosis shall be	107509
disclosed and released to the appropriate prosecuting attorney if	107510
the patient was committed pursuant to section 2945.38, 2945.39,	107511
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	107512
attorney designated by the board for proceedings pursuant to	107513
involuntary commitment under this chapter.	107514

~~(14)~~(13) That the department of ~~mental health~~mental health	107515
and addiction services may exchange psychiatric hospitalization	107516
records, other mental health treatment records, and other	107517
pertinent information with the department of rehabilitation and	107518
correction and with the department of youth services to ensure	107519
continuity of care for inmates or offenders who are receiving	107520
mental health services in an institution of the department of	107521
rehabilitation and correction or the department of youth services	107522
and may exchange psychiatric hospitalization records, other mental	107523
health treatment records, and other pertinent information with	107524
boards of alcohol, drug addiction, and mental health services and	107525
community mental health services providers to ensure continuity of	107526
care for inmates or offenders who are receiving mental health	107527
services in an institution and are scheduled for release within	107528
six months. The department shall not disclose those records unless	107529
the inmate or offender is notified, receives the information, and	107530
does not object to the disclosure. The release of records under	107531
this division is limited to records regarding an inmate's or	107532
offender's medication history, physical health status and history,	107533
summary of course of treatment, summary of treatment needs, and a	107534
discharge summary, if any.	107535

~~(15) That a community mental health agency that ceases to~~	107536
~~operate may transfer to either a community mental health agency~~	107537
~~that assumes its caseload or to the board of alcohol, drug~~	107538
~~addiction, and mental health services of the service district in~~	107539
~~which the patient resided at the time services were most recently~~	107540
~~provided any treatment records that have not been transferred~~	107541
~~elsewhere at the patient's request.~~	107542

(B) Before records are disclosed pursuant to divisions	107543
(A)(3), (6), and (9) of this section, the custodian of the records	107544
shall attempt to obtain the patient's consent for the disclosure.	107545
No person shall reveal the contents of a medical record of a	107546
patient except as authorized by law.	107547

(C) The managing officer of a hospital who releases necessary	107548
medical information under division (A)(3) of this section to allow	107549
an insurance carrier or other third party payor to comply with	107550
section 5121.43 of the Revised Code shall neither be subject to	107551
criminal nor civil liability.	107552

Sec. 5122.311. (A) Notwithstanding any provision of the	107553
Revised Code to the contrary, if, on or after ~~the effective date~~	107554
~~of this section~~April 8, 2004, an individual is found by a court	107555
to be a mentally ill person subject to hospitalization by court	107556
order or becomes an involuntary patient other than one who is a	107557
patient only for purposes of observation, the probate judge who	107558
made the adjudication or the chief clinical officer of the	107559
hospital, ~~agency~~community mental health services provider, or	107560
facility in which the person is an involuntary patient shall	107561
notify the bureau of criminal identification and investigation, on	107562
the form described in division (C) of this section, of the	107563
identity of the individual. The notification shall be transmitted	107564
by the judge or the chief clinical officer not later than seven	107565
days after the adjudication or commitment.	107566

(B) The bureau of criminal identification and investigation	107567
shall compile and maintain the notices it receives under division	107568
(A) of this section and shall use them for the purpose of	107569
conducting incompetency records checks pursuant to section 311.41	107570
of the Revised Code. The notices and the information they contain	107571
are confidential, except as provided in this division, and are not	107572
public records.	107573

(C) The attorney general, by rule adopted under Chapter 119.	107574
of the Revised Code, shall prescribe and make available to all	107575
probate judges and all chief clinical officers a form to be used	107576
by them for the purpose of making the notifications required by	107577
division (A) of this section.	107578

Sec. 5122.32. (A) As used in this section:

107579

(1) "Quality assurance committee" means a committee that is	107580
appointed in the central office of the department of ~~mental health~~	107581
mental health and addiction services by the director of ~~mental~~	107582
~~health~~mental health and addiction services, a committee of a	107583
hospital or community setting program, ~~a committee established~~	107584
~~pursuant to section 5119.47 of the Revised Code of the department~~	107585
~~of mental health appointed by the managing officer of the hospital~~	107586
~~or program,~~ or a duly authorized subcommittee of a committee of	107587
that nature and that is designated to carry out quality assurance	107588
program activities.	107589

(2) "Quality assurance program" means a comprehensive program	107590
within the department of ~~mental health~~mental health and addiction	107591
services to systematically review and improve the quality of	107592
medical and mental health services within the department and its	107593
hospitals and community setting programs, the safety and security	107594
of persons receiving medical and mental health services within the	107595
department and its hospitals and community setting programs, and	107596
the efficiency and effectiveness of the utilization of staff and	107597
resources in the delivery of medical and mental health services	107598
within the department and its hospitals and community setting	107599
programs. "Quality assurance program" includes the central office	107600
quality assurance committees, morbidity and mortality review	107601
committees, quality assurance programs of community setting	107602
programs, quality assurance committees of hospitals operated by	107603
the department of ~~mental health~~mental health and addiction	107604
services, and the office of licensure and certification of the	107605
department.	107606

(3) "Quality assurance program activities" include collecting	107607
or compiling information and reports required by a quality	107608
assurance committee, receiving, reviewing, or implementing the	107609
recommendations made by a quality assurance committee, and	107610
credentialing, privileging, infection control, tissue review, peer	107611
review, utilization review including access to patient care	107612
records, patient care assessment records, and medical and mental	107613
health records, medical and mental health resource management,	107614
mortality and morbidity review, and identification and prevention	107615
of medical or mental health incidents and risks, whether performed	107616
by a quality assurance committee or by persons who are directed by	107617
a quality assurance committee.	107618

(4) "Quality assurance records" means the proceedings,	107619
discussion, records, findings, recommendations, evaluations,	107620
opinions, minutes, reports, and other documents or actions that	107621
emanate from quality assurance committees, quality assurance	107622
programs, or quality assurance program activities. "Quality	107623
assurance records" does not include aggregate statistical	107624
information that does not disclose the identity of persons	107625
receiving or providing medical or mental health services in	107626
department of ~~mental health institutions~~mental health and	107627
addiction services hospitals or community setting programs .	107628

(B)(1) Except as provided in division (E) of this section,	107629
quality assurance records are confidential and are not public	107630
records under section 149.43 of the Revised Code, and shall be	107631
used only in the course of the proper functions of a quality	107632
assurance program.	107633

(2) Except as provided in division (E) of this section, no	107634
person who possesses or has access to quality assurance records	107635
and who knows that the records are quality assurance records shall	107636
willfully disclose the contents of the records to any person or	107637
entity.	107638

(C)(1) Except as provided in division (E) of this section, no	107639
quality assurance record shall be subject to discovery in, and is	107640
not admissible in evidence, in any judicial or administrative	107641
proceeding.	107642

(2) Except as provided in division (E) of this section, no	107643
member of a quality assurance committee or a person who is	107644
performing a function that is part of a quality assurance program	107645
shall be permitted or required to testify in a judicial or	107646
administrative proceeding with respect to quality assurance	107647
records or with respect to any finding, recommendation,	107648
evaluation, opinion, or other action taken by the committee,	107649
member, or person.	107650

(3) Information, documents, or records otherwise available	107651
from original sources are not to be construed as being unavailable	107652
for discovery or admission in evidence in a judicial or	107653
administrative proceeding merely because they were presented to a	107654
quality assurance committee. No person testifying before a quality	107655
assurance committee or person who is a member of a quality	107656
assurance committee shall be prevented from testifying as to	107657
matters within the person's knowledge, but the witness cannot be	107658
asked about the witness' testimony before the quality assurance	107659
committee or about an opinion formed by the person as a result of	107660
the quality assurance committee proceedings.	107661

(D)(1) A person who, without malice and in the reasonable	107662
belief that the information is warranted by the facts known to the	107663
person, provides information to a person engaged in quality	107664
assurance program activities is not liable for damages in a civil	107665
action for injury, death, or loss to person or property to any	107666
person as a result of providing the information.	107667

(2) A member of a quality assurance committee, a person	107668
engaged in quality assurance program activities, and an employee	107669
of the department of ~~mental health~~mental health and addiction	107670
services shall not be liable in damages in a civil action for	107671
injury, death, or loss to person or property to any person for any	107672
acts, omissions, decisions, or other conduct within the scope of	107673
the functions of the quality assurance program.	107674

(3) Nothing in this section shall relieve any institution or	107675
individual from liability arising from the treatment of a patient.	107676

(E) Quality assurance records may be disclosed, and testimony	107677
may be provided concerning quality assurance records, only to the	107678
following persons or entities:	107679

(1) Persons who are employed or retained by the department of	107680
~~mental health~~mental health and addiction services and who have	107681
authority to evaluate or implement the recommendations of a	107682
state-operated hospital, community setting program, or central	107683
office quality assurance committee;	107684

(2) Public or private agencies or organizations if needed to	107685
perform a licensing or accreditation function related to	107686
department of ~~mental health~~mental health and addiction services	107687
hospitals or community setting programs, or to perform monitoring	107688
of a hospital or program of that nature as required by law.	107689

(F) A disclosure of quality assurance records pursuant to	107690
division (E) of this section does not otherwise waive the	107691
confidential and privileged status of the disclosed quality	107692
assurance records.	107693

(G) Nothing in this section shall limit the access of the	107694
Ohio protection and advocacy system to records or personnel as	107695
required under section 5123.601 of the Revised Code. Nothing in	107696
this section shall limit the admissibility of documentary or	107697
testimonial evidence in an action brought by the Ohio protection	107698
and advocacy system in its own name or on behalf of a client.	107699

Sec. 5122.33. The department of ~~mental health~~mental health	107700
and addiction services may prescribe the form of applications,	107701
reports, records, and medical certificates provided for under this	107702
chapter, and the information required to be contained therein;	107703
require reports from the chief clinical officer of any public	107704
hospital relating to the admission, examination, diagnosis,	107705
release, or discharge of any patient; visit each such hospital	107706
regularly to review the admission procedures of all new patients	107707
admitted between visits; investigate by personal visit complaints	107708
made by any patient or by any person on behalf of a patient; and	107709
adopt such rules as are reasonably necessary to effectuate the	107710
provisions of this chapter.	107711

Sec. 5122.34. (A) Persons, including, but not limited to,	107712
boards of alcohol, drug addiction, and mental health services and	107713
community mental health ~~agencies~~services providers, acting in	107714
good faith, either upon actual knowledge or information thought by	107715
them to be reliable, who procedurally or physically assist in the	107716
hospitalization or discharge, determination of appropriate	107717
placement, or in judicial proceedings of a person under this	107718
chapter, do not come within any criminal provisions, and are free	107719
from any liability to the person hospitalized or to any other	107720
person.	107721

(B) Regardless of whether any affirmative action has been	107722
taken under this chapter with respect to a mental health client or	107723
patient and except as otherwise provided in section 2305.51 of the	107724
Revised Code, no person shall be liable for any harm that results	107725
to any other person as a result of failing to disclose any	107726
confidential information about the mental health client or	107727
patient, or failing to otherwise attempt to protect such other	107728
person from harm by such client or patient.	107729

(C) This section applies to expert witnesses who testify at	107730
hearings under this chapter.	107731

(D) The immunity from liability conferred by this section is	107732
in addition to and not in limitation of any immunity conferred by	107733
any other section of the Revised Code or by judicial precedent.	107734

Sec. 5122.341. (A) As used in this section:

107735

(1) "Facility or ~~agency~~provider" means, in the context of a	107736
person committed to the department of ~~mental health~~mental health	107737
and addiction services under sections 2945.37 to 2945.402 of the	107738
Revised Code, any entity in which the department of ~~mental health~~	107739
mental health and addiction services places such a person.	107740

(2) "Person committed to the department" means a person	107741
committed to the department of ~~mental health~~mental health and	107742
addiction services under sections 2945.37 to 2945.402 of the	107743
Revised Code.	107744

(B) No member of a board of directors, or employee, of a	107745
facility or ~~agency~~provider in which the department of ~~mental~~	107746
~~health~~mental health and addiction services places a person	107747
committed to the department is liable for injury or damages caused	107748
by any action or inaction taken within the scope of the board	107749
member's official duties or employee's employment relating to the	107750
commitment of, and services provided to, the person committed to	107751
the department, unless the action or inaction constitutes willful	107752
or wanton misconduct. A board member's or employee's action or	107753
inaction does not constitute willful or wanton misconduct if the	107754
board member or employee acted in good faith and reasonably under	107755
the circumstances and with the knowledge reasonably attributable	107756
to the board member or employee.	107757

The immunity from liability conferred by this section is in	107758
addition to and not in limitation of any immunity conferred by any	107759
other section of the Revised Code or by judicial precedent.	107760

Sec. 5122.39. (A) Mentally ill minors shall remain under the	107761
natural guardianship of their parents, notwithstanding	107762
hospitalization pursuant to this chapter, unless parental rights	107763
have been terminated pursuant to a court finding that the minor is	107764
neglected or dependent. Where a mentally ill minor is found to be	107765
dependent or neglected, the public children's services agency in	107766
the county of residence has final guardianship authority and	107767
responsibility.	107768

(B) In no case shall the guardianship of a mentally ill	107769
person be assigned to the chief medical officer or any staff	107770
member of a hospital, board, or ~~agency~~provider from which the	107771
person is receiving mental health services.	107772

Sec. 5122.43. (A) Costs, fees, and expenses of all	107773
proceedings held under this chapter shall be paid as follows:	107774

(1) To police and health officers, other than sheriffs or	107775
their deputies, the same fees allowed to constables, to be paid	107776
upon the approval of the probate judge;	107777

(2) To sheriffs or their deputies, the same fees allowed for	107778
similar services in the court of common pleas;	107779

(3) To physicians or licensed clinical psychologists acting	107780
as expert witnesses and to other expert witnesses designated by	107781
the court, an amount determined by the court;	107782

(4) To other witnesses, the same fees and mileage as for	107783
attendance at the court of common pleas, to be paid upon the	107784
approval of the probate judge;	107785

(5) To a person, other than the sheriff or the sheriff's	107786
deputies, for taking a mentally ill person to a hospital or	107787
removing a mentally ill person from a hospital, the actual	107788
necessary expenses incurred, specifically itemized, and approved	107789
by the probate judge;	107790

(6) To assistants who convey mentally ill persons to the	107791
hospital when authorized by the probate judge, a fee set by the	107792
probate court, provided the assistants are not drawing a salary	107793
from the state or any political subdivision of the state, and	107794
their actual necessary expenses incurred, provided that the	107795
expenses are specifically itemized and approved by the probate	107796
judge;	107797

(7) To an attorney appointed by the probate division for an	107798
indigent who allegedly is a mentally ill person pursuant to any	107799
section of this chapter, the fees that are determined by the	107800
probate division. When those indigent persons are before the	107801
court, all filing and recording fees shall be waived.	107802

(8) To a referee who is appointed to conduct proceedings	107803
under this chapter that involve a respondent whose domicile is or,	107804
before the respondent's hospitalization, was not the county in	107805
which the proceedings are held, compensation as fixed by the	107806
probate division, but not more than the compensation paid for	107807
similar proceedings for respondents whose domicile is in the	107808
county in which the proceedings are held;	107809

(9) To a court reporter appointed to make a transcript of	107810
proceedings under this chapter, the compensation and fees allowed	107811
in other cases under section 2101.08 of the Revised Code.	107812

(B) A county shall pay for the costs, fees, and expenses	107813
described in division (A) of this section with money appropriated	107814
pursuant to section 2101.11 of the Revised Code. A county may seek	107815
reimbursement from the department of ~~mental health~~mental health	107816
and addiction services by submitting a request and certification	107817
by the county auditor of the costs, fees, and expenses to the	107818
department within two months of the date the costs, fees, and	107819
expenses are incurred by the county.	107820

Each fiscal year, based on past allocations, historical	107821
utilization, and other factors the department considers	107822
appropriate, the department shall allocate for each county an	107823
amount for reimbursements under this section. The total of all the	107824
allocations shall equal the amount appropriated for the fiscal	107825
year to the department specifically for the purposes of this	107826
section.	107827

On receipt, the department shall review each request for	107828
reimbursement and prepare a voucher for the amount of the costs,	107829
fees, and expenses incurred by the county, provided that the total	107830
amount of money paid to all counties in each fiscal year shall not	107831
exceed the total amount of moneys specifically appropriated to the	107832
department for these purposes.	107833

The department's total reimbursement to each county shall be	107834
the lesser of the full amount requested or the amount allocated	107835
for the county under this division. In addition, the department	107836
shall distribute any surplus remaining from the money appropriated	107837
for the fiscal year to the department for the purposes of this	107838
section as follows to counties whose full requests exceed their	107839
allocations:	107840

(1) If the surplus is sufficient to reimburse such counties	107841
the full amount of their requests, each such county shall receive	107842
the full amount of its request;	107843

(2) If the surplus is insufficient, each such county shall	107844
receive a percentage of the surplus determined by dividing the	107845
difference between the county's full request and its allocation by	107846
the difference between the total of the full requests of all such	107847
counties and the total of the amounts allocated for all such	107848
counties.	107849

The department may adopt rules in accordance with Chapter	107850
119. of the Revised Code to implement the payment of costs, fees,	107851
and expenses under this section.	107852

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	107853
Revised Code:	107854

(A) "Compilation" means a written list of the following	107855
information, as the department of ~~mental health~~mental health and	107856
addiction services is able to reasonably ascertain, for every	107857
patient who was buried, entombed, or inurned prior to ~~the~~	107858
~~effective date of this section~~March 31, 2005, in a cemetery	107859
located on the grounds of or adjacent to the grounds of a public	107860
hospital:	107861

(1) Name;

107862

(2) Date of birth;

107863

(3) Date of death or burial;

107864

(4) Specific physical location of the burial, entombment, or	107865
inurnment, including the plot or grave site number if available.	107866

(B) "Patient" means an individual who died while admitted to	107867
a public hospital that was under the control of the department of	107868
~~mental health~~mental health and addiction services.	107869

(C) "Record" has the same meaning as in section 149.011 of	107870
the Revised Code.	107871

(D) "State agency" means every organized body, office, or	107872
agency established by the laws of the state for the exercise of	107873
any function of state government.	107874

Sec. 5122.45. The department of ~~mental health~~mental health	107875
and addiction services shall create a separate compilation for	107876
each cemetery located on the grounds of or adjacent to the grounds	107877
of a public hospital that is under the control of the department	107878
on ~~the effective date of this section~~March 31, 2005. The	107879
compilation shall be created within a reasonable time not	107880
exceeding three years after ~~the effective date of this section~~	107881
March 31, 2005. The department shall use its best efforts to	107882
create the most complete compilations possible using records in	107883
the department's possession and records obtained in accordance	107884
with section 5122.46 of the Revised Code.	107885

Sec. 5122.46. The Ohio historical society and each state	107886
agency shall, at the request of the department of ~~mental health~~	107887
mental health and addiction services, provide the department	107888
access to records and information in the possession of the	107889
historical society or state agency for purposes of creating	107890
compilations.	107891

Sec. 5122.47. The department of ~~mental health~~mental health	107892
and addiction services shall deposit a copy of each compilation	107893
with the Ohio historical society and the state library as soon as	107894
a compilation is completed. The department shall not disclose any	107895
record or information used to create a compilation except as	107896
provided in sections 149.43 and 5122.31 of the Revised Code.	107897

Sec. 5123.01. As used in this chapter:

107898

(A) "Chief medical officer" means the licensed physician	107899
appointed by the managing officer of an institution for the	107900
mentally retarded with the approval of the director of	107901
developmental disabilities to provide medical treatment for	107902
residents of the institution.	107903

(B) "Chief program director" means a person with special	107904
training and experience in the diagnosis and management of the	107905
mentally retarded, certified according to division (C) of this	107906
section in at least one of the designated fields, and appointed by	107907
the managing officer of an institution for the mentally retarded	107908
with the approval of the director to provide habilitation and care	107909
for residents of the institution.	107910

(C) "Comprehensive evaluation" means a study, including a	107911
sequence of observations and examinations, of a person leading to	107912
conclusions and recommendations formulated jointly, with	107913
dissenting opinions if any, by a group of persons with special	107914
training and experience in the diagnosis and management of persons	107915
with mental retardation or a developmental disability, which group	107916
shall include individuals who are professionally qualified in the	107917
fields of medicine, psychology, and social work, together with	107918
such other specialists as the individual case may require.	107919

(D) "Education" means the process of formal training and	107920
instruction to facilitate the intellectual and emotional	107921
development of residents.	107922

(E) "Habilitation" means the process by which the staff of	107923
the institution assists the resident in acquiring and maintaining	107924
those life skills that enable the resident to cope more	107925
effectively with the demands of the resident's own person and of	107926
the resident's environment and in raising the level of the	107927
resident's physical, mental, social, and vocational efficiency.	107928
Habilitation includes but is not limited to programs of formal,	107929
structured education and training.	107930

(F) "Health officer" means any public health physician,	107931
public health nurse, or other person authorized or designated by a	107932
city or general health district.	107933

(G) "Home and community-based services" means medicaid-funded	107934
home and community-based services specified in division ~~(B)~~(A)(1)	107935
of section ~~5111.87~~5166.20 of the Revised Code provided under the	107936
medicaid waiver components the department of developmental	107937
disabilities administers pursuant to section ~~5111.871~~5166.21 of	107938
the Revised Code. Except as provided in section 5123.0412 of the	107939
Revised Code, home and community-based services provided under the	107940
medicaid waiver component known as the transitions developmental	107941
disabilities waiver are to be considered to be home and	107942
community-based services for the purposes of this chapter, and	107943
Chapters 5124. and 5126. of the Revised Code, only to the extent,	107944
if any, provided by the contract required by section ~~5111.871~~	107945
5166.21 of the Revised Code regarding the waiver.	107946

(H) "ICF/IID" has the same meaning as in section 5124.01 of	107947
the Revised Code.	107948

(I) "Indigent person" means a person who is unable, without	107949
substantial financial hardship, to provide for the payment of an	107950
attorney and for other necessary expenses of legal representation,	107951
including expert testimony.	107952

~~(I)~~(J) "Institution" means a public or private facility, or a	107953
part of a public or private facility, that is licensed by the	107954
appropriate state department and is equipped to provide	107955
residential habilitation, care, and treatment for the mentally	107956
retarded.	107957

~~(J)~~(K) "Licensed physician" means a person who holds a valid	107958
certificate issued under Chapter 4731. of the Revised Code	107959
authorizing the person to practice medicine and surgery or	107960
osteopathic medicine and surgery, or a medical officer of the	107961
government of the United States while in the performance of the	107962
officer's official duties.	107963

~~(K)~~(L) "Managing officer" means a person who is appointed by	107964
the director of developmental disabilities to be in executive	107965
control of an institution for the mentally retarded under the	107966
jurisdiction of the department.	107967

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	107968
~~the Revised Code.~~	107969

(M) "Medicaid case management services" means case management	107970
services provided to an individual with mental retardation or	107971
other developmental disability that the state medicaid plan	107972
requires.	107973

(N) "Mentally retarded person" means a person having	107974
significantly subaverage general intellectual functioning existing	107975
concurrently with deficiencies in adaptive behavior, manifested	107976
during the developmental period.	107977

(O) "Mentally retarded person subject to institutionalization	107978
by court order" means a person eighteen years of age or older who	107979
is at least moderately mentally retarded and in relation to whom,	107980
because of the person's retardation, either of the following	107981
conditions exist:	107982

(1) The person represents a very substantial risk of physical	107983
impairment or injury to self as manifested by evidence that the	107984
person is unable to provide for and is not providing for the	107985
person's most basic physical needs and that provision for those	107986
needs is not available in the community;	107987

(2) The person needs and is susceptible to significant	107988
habilitation in an institution.	107989

(P) "A person who is at least moderately mentally retarded"	107990
means a person who is found, following a comprehensive evaluation,	107991
to be impaired in adaptive behavior to a moderate degree and to be	107992
functioning at the moderate level of intellectual functioning in	107993
accordance with standard measurements as recorded in the most	107994
current revision of the manual of terminology and classification	107995
in mental retardation published by the American association on	107996
mental retardation.	107997

(Q) As used in this division, "substantial functional	107998
limitation," "developmental delay," and "established risk" have	107999
the meanings established pursuant to section 5123.011 of the	108000
Revised Code.	108001

"Developmental disability" means a severe, chronic disability	108002
that is characterized by all of the following:	108003

(1) It is attributable to a mental or physical impairment or	108004
a combination of mental and physical impairments, other than a	108005
mental or physical impairment solely caused by mental illness as	108006
defined in division (A) of section 5122.01 of the Revised Code.	108007

(2) It is manifested before age twenty-two.

108008

(3) It is likely to continue indefinitely.

108009

(4) It results in one of the following:

108010

(a) In the case of a person under three years of age, at	108011
least one developmental delay or an established risk;	108012

(b) In the case of a person at least three years of age but	108013
under six years of age, at least two developmental delays or an	108014
established risk;	108015

(c) In the case of a person six years of age or older, a	108016
substantial functional limitation in at least three of the	108017
following areas of major life activity, as appropriate for the	108018
person's age: self-care, receptive and expressive language,	108019
learning, mobility, self-direction, capacity for independent	108020
living, and, if the person is at least sixteen years of age,	108021
capacity for economic self-sufficiency.	108022

(5) It causes the person to need a combination and sequence	108023
of special, interdisciplinary, or other type of care, treatment,	108024
or provision of services for an extended period of time that is	108025
individually planned and coordinated for the person.	108026

(R) "Developmentally disabled person" means a person with a	108027
developmental disability.	108028

(S) "State institution" means an institution that is	108029
tax-supported and under the jurisdiction of the department.	108030

(T) "Residence" and "legal residence" have the same meaning	108031
as "legal settlement," which is acquired by residing in Ohio for a	108032
period of one year without receiving general assistance prior to	108033
July 17, 1995, under former Chapter 5113. of the Revised Code,	108034
financial assistance under Chapter 5115. of the Revised Code, or	108035
assistance from a private agency that maintains records of	108036
assistance given. A person having a legal settlement in the state	108037
shall be considered as having legal settlement in the assistance	108038
area in which the person resides. No adult person coming into this	108039
state and having a spouse or minor children residing in another	108040
state shall obtain a legal settlement in this state as long as the	108041
spouse or minor children are receiving public assistance, care, or	108042
support at the expense of the other state or its subdivisions. For	108043
the purpose of determining the legal settlement of a person who is	108044
living in a public or private institution or in a home subject to	108045
licensing by the department of job and family services, the	108046
department of ~~mental health~~mental health and addiction services,	108047
or the department of developmental disabilities, the residence of	108048
the person shall be considered as though the person were residing	108049
in the county in which the person was living prior to the person's	108050
entrance into the institution or home. Settlement once acquired	108051
shall continue until a person has been continuously absent from	108052
Ohio for a period of one year or has acquired a legal residence in	108053
another state. A woman who marries a man with legal settlement in	108054
any county immediately acquires the settlement of her husband. The	108055
legal settlement of a minor is that of the parents, surviving	108056
parent, sole parent, parent who is designated the residential	108057
parent and legal custodian by a court, other adult having	108058
permanent custody awarded by a court, or guardian of the person of	108059
the minor, provided that:	108060

(1) A minor female who marries shall be considered to have	108061
the legal settlement of her husband and, in the case of death of	108062
her husband or divorce, she shall not thereby lose her legal	108063
settlement obtained by the marriage.	108064

(2) A minor male who marries, establishes a home, and who has	108065
resided in this state for one year without receiving general	108066
assistance prior to July 17, 1995, under former Chapter 5113. of	108067
the Revised Code, financial assistance under Chapter 5115. of the	108068
Revised Code, or assistance from a private agency that maintains	108069
records of assistance given shall be considered to have obtained a	108070
legal settlement in this state.	108071

(3) The legal settlement of a child under eighteen years of	108072
age who is in the care or custody of a public or private child	108073
caring agency shall not change if the legal settlement of the	108074
parent changes until after the child has been in the home of the	108075
parent for a period of one year.	108076

No person, adult or minor, may establish a legal settlement	108077
in this state for the purpose of gaining admission to any state	108078
institution.	108079

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	108080
this section, a person who is admitted either voluntarily or	108081
involuntarily to an institution or other facility pursuant to	108082
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	108083
Code subsequent to a finding of not guilty by reason of insanity	108084
or incompetence to stand trial or under this chapter who is under	108085
observation or receiving habilitation and care in an institution.	108086

(2) "Resident" does not include a person admitted to an	108087
institution or other facility under section 2945.39, 2945.40,	108088
2945.401, or 2945.402 of the Revised Code to the extent that the	108089
reference in this chapter to resident, or the context in which the	108090
reference occurs, is in conflict with any provision of sections	108091
2945.37 to 2945.402 of the Revised Code.	108092

(V) "Respondent" means the person whose detention,	108093
commitment, or continued commitment is being sought in any	108094
proceeding under this chapter.	108095

(W) "Working day" and "court day" mean Monday, Tuesday,	108096
Wednesday, Thursday, and Friday, except when such day is a legal	108097
holiday.	108098

(X) "Prosecutor" means the prosecuting attorney, village	108099
solicitor, city director of law, or similar chief legal officer	108100
who prosecuted a criminal case in which a person was found not	108101
guilty by reason of insanity, who would have had the authority to	108102
prosecute a criminal case against a person if the person had not	108103
been found incompetent to stand trial, or who prosecuted a case in	108104
which a person was found guilty.	108105

(Y) "Court" means the probate division of the court of common	108106
pleas.	108107

(Z) "Supported living" and "residential services" have the	108108
same meanings as in section 5126.01 of the Revised Code.	108109

Sec. 5123.021. (A) As used in this section, "mentally	108110
retarded individual" and "specialized services" have the same	108111
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	108112

(B)(1) Except as provided in division (B)(2) of this section	108113
and rules adopted under division (E)(3) of this section, for	108114
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	108115
department of developmental disabilities shall determine in	108116
accordance with section 1919(e)(7) of the "Social Security Act,"	108117
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	108118
adopted under section 1919(f)(8)(A) of that act whether, because	108119
of the individual's physical and mental condition, a mentally	108120
retarded individual seeking admission to a nursing facility	108121
requires the level of services provided by a nursing facility and,	108122
if the individual requires that level of services, whether the	108123
individual requires specialized services for mental retardation.	108124

(2) A determination under this division is not required for	108125
any of the following:	108126

(a) An individual seeking readmission to a nursing facility	108127
after having been transferred from a nursing facility to a	108128
hospital for care;	108129

(b) An individual who meets all of the following conditions:

108130

(i) The individual is admitted to the nursing facility	108131
directly from a hospital after receiving inpatient care at the	108132
hospital;	108133

(ii) The individual requires nursing facility services for	108134
the condition for which the individual received care in the	108135
hospital;	108136

(iii) The individual's attending physician has certified,	108137
before admission to the nursing facility, that the individual is	108138
likely to require less than thirty days of nursing facility	108139
services.	108140

(c) An individual transferred from one nursing facility to	108141
another nursing facility, with or without an intervening hospital	108142
stay.	108143

(C) Except as provided in rules adopted under division (F)(3)	108144
of this section, the department of developmental disabilities	108145
shall review and determine, for each resident of a nursing	108146
facility who is mentally retarded, whether the resident, because	108147
of the resident's physical and mental condition, requires the	108148
level of services provided by a nursing facility and whether the	108149
resident requires specialized services for mental retardation. The	108150
review and determination shall be conducted in accordance with	108151
section 1919(e)(7) of the "Social Security Act" and the	108152
regulations adopted under section 1919(f)(8)(A) of the act. The	108153
review and determination shall be completed promptly after a	108154
nursing facility has notified the department that there has been a	108155
significant change in the resident's mental or physical condition.	108156

(D)(1) In the case of a nursing facility resident who has	108157
continuously resided in a nursing facility for at least thirty	108158
months before the date of a review and determination under	108159
division (C) of this section, if the resident is determined not to	108160
require the level of services provided by a nursing facility, but	108161
is determined to require specialized services for mental	108162
retardation, the department, in consultation with the resident's	108163
family or legal representative and care givers, shall do all of	108164
the following:	108165

(a) Inform the resident of the institutional and	108166
noninstitutional alternatives covered under the state plan for	108167
medical assistance;	108168

(b) Offer the resident the choice of remaining in the nursing	108169
facility or receiving covered services in an alternative	108170
institutional or noninstitutional setting;	108171

(c) Clarify the effect on eligibility for services under the	108172
state plan for medical assistance if the resident chooses to leave	108173
the facility, including its effect on readmission to the facility;	108174

(d) Provide for or arrange for the provision of specialized	108175
services for the resident's mental retardation in the setting	108176
chosen by the resident.	108177

(2) In the case of a nursing facility resident who has	108178
continuously resided in a nursing facility for less than thirty	108179
months before the date of the review and determination under	108180
division (C) of this section, if the resident is determined not to	108181
require the level of services provided by a nursing facility, but	108182
is determined to require specialized services for mental	108183
retardation, or if the resident is determined to require neither	108184
the level of services provided by a nursing facility nor	108185
specialized services for mental retardation, the department shall	108186
act in accordance with its alternative disposition plan approved	108187
by the United States department of health and human services under	108188
section 1919(e)(7)(E) of the "Social Security Act."	108189

(3) In the case of an individual who is determined under	108190
division (B) or (C) of this section to require both the level of	108191
services provided by a nursing facility and specialized services	108192
for mental retardation, the department of developmental	108193
disabilities shall provide or arrange for the provision of the	108194
specialized services needed by the individual or resident while	108195
residing in a nursing facility.	108196

(E) The department of developmental disabilities shall adopt	108197
rules in accordance with Chapter 119. of the Revised Code that do	108198
all of the following:	108199

(1) Establish criteria to be used in making the	108200
determinations required by divisions (B) and (C) of this section.	108201
The criteria shall not exceed the criteria established by	108202
regulations adopted by the United States department of health and	108203
human services under section 1919(f)(8)(A) of the "Social Security	108204
Act."	108205

(2) Specify information to be provided by the individual or	108206
nursing facility resident being assessed;	108207

(3) Specify any circumstances, in addition to circumstances	108208
listed in division (B) of this section, under which determinations	108209
under divisions (B) and (C) of this section are not required to be	108210
made.	108211

Sec. 5123.022. It(A) As used in this section:

108212

(1) "Community employment" means competitive employment that	108213
takes place in an integrated setting.	108214

(2) "Competitive employment" means full-time or part-time	108215
work in the competitive labor market in which payment is at or	108216
above the minimum wage but not less than the customary wage and	108217
level of benefits paid by the employer for the same or similar	108218
work performed by persons who are not disabled.	108219

(3) "Integrated setting" means a setting typically found in	108220
the community where individuals with developmental disabilities	108221
interact with individuals who do not have disabilities to the same	108222
extent that individuals in comparable positions who are not	108223
disabled interact with other individuals, including in employment	108224
settings in which employees interact with the community through	108225
technology.	108226

(B) It is hereby declared to be the policy of this state that	108227
employment services for individuals with developmental	108228
disabilities be directed at ~~placement whenever possible of each~~	108229
~~individual in a position in the~~ community ~~in which the individual~~	108230
~~is integrated with the employer's other workers who are not~~	108231
~~developmentally disabled~~employment. ~~The~~Every individual with a	108232
developmental disability is presumed capable of community	108233
employment.	108234

The departments of developmental disabilities, education,	108235
medicaid, job and family services, and ~~mental health~~mental health	108236
and addiction services; the ~~rehabilitation services commission~~	108237
opportunities for Ohioans with disabilities agency; and each other	108238
state agency that provides employment services to individuals with	108239
developmental disabilities shall implement ~~this~~the policy of	108240
this state and ensure that it is followed whenever employment	108241
services are provided to individuals with developmental	108242
disabilities.	108243

The department of developmental disabilities shall coordinate	108244
the actions taken by state agencies to comply with the state's	108245
policy. Agencies shall collaborate within their divisions and with	108246
each other to ensure that state programs, policies, procedures,	108247
and funding support competitive and integrated employment of	108248
individuals with developmental disabilities. State agencies shall	108249
share information with the department, and the department shall	108250
track progress toward full implementation of the policy. The	108251
department, in coordination with any task force established by the	108252
governor, shall compile data and annually submit to the governor a	108253
report on implementation of the policy.	108254

The department and state agencies may adopt rules to	108255
implement the state's policy.	108256

(C) The state's policy articulated in this section is	108257
intended to promote the right of each individual with a	108258
developmental disability to informed choice; however, nothing in	108259
this section requires any employer to give preference in hiring to	108260
an individual because the individual has a disability.	108261

Sec. 5123.023. (A) The director of developmental	108262
disabilities may establish an employment first task force	108263
consisting of the departments of developmental disabilities,	108264
education, medicaid, job and family services, and mental health	108265
and addiction services; and the opportunities for Ohioans with	108266
disabilities agency. The purpose of the task force shall be to	108267
improve the coordination of the state's efforts to address the	108268
needs of individuals with developmental disabilities who seek	108269
community employment as defined in section 5123.022 of the Revised	108270
Code.	108271

(B) The department of developmental disabilities may enter	108272
into interagency agreements with any of the government entities on	108273
the task force. The interagency agreements may specify either or	108274
both of the following:	108275

(1) The roles and responsibilities of the government entities	108276
that are members of the task force, including any money to be	108277
contributed by those entities;	108278

(2) The projects and activities of the task force.

108279

(C) There is hereby created in the state treasury the	108280
employment first taskforce fund. Any money received by the task	108281
force from its members shall be credited to the fund. The	108282
department of developmental disabilities shall use the fund to	108283
support the work of the task force.	108284

(D) The task force shall cease to exist on January 1, 2020.	108285
Any money, assets, or employees of the department of developmental	108286
disabilities that on that date are dedicated to the work of the	108287
task force shall be reallocated by the department for employment	108288
services for individuals with developmental disabilities.	108289

Sec. 5123.03. (A) The department of developmental	108290
disabilities shall do all of the following:	108291

(1) Maintain, operate, manage, and govern all state	108292
institutions for the care, treatment, and training of the mentally	108293
retarded;	108294

(2) Designate all such institutions by appropriate names;

108295

(3) Provide and designate facilities for the custody, care,	108296
and special treatment of persons of the following classes:	108297

(a) Dangerous persons in state institutions for the mentally	108298
retarded who represent a serious threat to the safety of the other	108299
patients of the institution;	108300

(b) Persons charged with crimes who are found incompetent to	108301
stand trial or not guilty by reason of insanity and who are also	108302
mentally retarded persons subject to institutionalization by court	108303
order.	108304

(4) Have control of all institutions maintained in part by	108305
the state for the care, treatment, and training of the mentally	108306
retarded;	108307

(5) Administer the laws relative to persons in such	108308
institutions in an efficient, economical, and humane manner;	108309

(6) Ascertain by actual examinations and inquiry whether	108310
institutionalizations are made according to law.	108311

(B) The department may do any of the following:

108312

(1) Subject to section 5139.08 of the Revised Code, receive	108313
from the department of youth services for observation, diagnosis,	108314
care, habilitation, or placement any children in the custody of	108315
the department of youth services;	108316

(2) Receive for observation any minor from a public	108317
institution other than an institution under the jurisdiction of	108318
the department of developmental disabilities, from a private	108319
charitable institution, or from a person having legal custody of	108320
such a minor, upon such terms as are proper;	108321

(3) Receive from the department of ~~mental health~~mental	108322
health and addiction services any patient in the custody of the	108323
department who is transferred to the department of developmental	108324
disabilities upon such terms and conditions as may be agreed upon	108325
by the two departments.	108326

(C) In addition to the powers and duties expressly conferred	108327
by this section, the department may take any other action	108328
necessary for the full and efficient executive, administrative,	108329
and fiscal supervision of the state institutions described in this	108330
section.	108331

Sec. 5123.0412. (A) The department of developmental	108332
disabilities shall charge each county board of developmental	108333
disabilities an annual fee equal to one and one-quarter per cent	108334
of the total value of all medicaid paid claims for home and	108335
community-based services provided during the year to an individual	108336
eligible for services from the county board. However, the	108337
department shall not charge the fee for home and community-based	108338
services provided under the medicaid waiver component known as the	108339
transitions developmental disabilities waiver. No county board	108340
shall pass the cost of a fee charged to the county board under	108341
this section on to another provider of these services.	108342

(B) The fees collected under this section shall be deposited	108343
into the ODDD administration and oversight fund ~~and the ODJFS~~	108344
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	108345
created in the state treasury. ~~The portion of the fees to be~~	108346
~~deposited into the ODDD administration and oversight fund and the~~	108347
~~portion of the fees to be deposited into the ODJFS administration~~	108348
~~and oversight fund shall be the portion specified in an~~	108349
~~interagency agreement entered into under division (C) of this~~	108350
~~section.~~ The department ~~of developmental disabilities~~ shall use	108351
the money in the ODDD administration and oversight fund ~~and the~~	108352
~~department of job and family services shall use the money in the~~	108353
~~ODJFS administration and oversight fund~~ for both of the following	108354
purposes:	108355

(1) Medicaid administrative costs, including administrative	108356
and oversight costs of medicaid case management services and home	108357
and community-based services. The administrative and oversight	108358
costs of medicaid case management services and home and	108359
community-based services shall include costs for staff, systems,	108360
and other resources the ~~departments need~~department needs and	108361
~~dedicate~~dedicates solely to the following duties associated with	108362
the services:	108363

(a) Eligibility determinations;

108364

(b) Training;

108365

108366

(d) Claims processing;

108367

(e) Quality assurance oversight;

108368

(f) Other duties the ~~departments identify~~department	108369
identifies.	108370

(2) Providing technical support to county boards' local	108371
administrative authority under section 5126.055 of the Revised	108372
Code for the services.	108373

(C) ~~The departments of developmental disabilities and job and~~	108374
~~family services shall enter into an interagency agreement to do~~	108375
~~both of the following:~~	108376

~~(1) Specify which portion of the fees collected under this~~	108377
~~section is to be deposited into the ODDD administration and~~	108378
~~oversight fund and which portion is to be deposited into the ODJFS~~	108379
~~administration and oversight fund;~~	108380

~~(2) Provide for the departments to coordinate the staff whose~~	108381
~~costs are paid for with money in the ODDD administration and~~	108382
~~oversight fund and the ODJFS administration and oversight fund.~~	108383

~~(D)~~ The ~~departments~~department shall submit an annual report	108384
to the director of budget and management certifying how the	108385
~~departments~~department spent the money in the ODDD administration	108386
and oversight fund ~~and the ODJFS administration and oversight fund~~	108387
for the purposes specified in division (B) of this section.	108388

Sec. 5123.0417. (A) The director of developmental	108389
disabilities shall establish one or more programs for individuals	108390
under twenty-two years of age who have intensive behavioral needs,	108391
including such individuals with a primary diagnosis of autism	108392
spectrum disorder. The programs may include one or more medicaid	108393
waiver components that the director administers pursuant to	108394
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	108395
one or more of the following:	108396

(1) Establish models that incorporate elements common to	108397
effective intervention programs and evidence-based practices in	108398
services for children with intensive behavioral needs;	108399

(2) Design a template for individualized education plans and	108400
individual service plans that provide consistent intervention	108401
programs and evidence-based practices for the care and treatment	108402
of children with intensive behavioral needs;	108403

(3) Disseminate best practice guidelines for use by families	108404
of children with intensive behavioral needs and professionals	108405
working with such families;	108406

(4) Develop a transition planning model for effectively	108407
mainstreaming school-age children with intensive behavioral needs	108408
to their public school district;	108409

(5) Contribute to the field of early and effective	108410
identification and intervention programs for children with	108411
intensive behavioral needs by providing financial support for	108412
scholarly research and publication of clinical findings.	108413

(B) The director of developmental disabilities shall	108414
collaborate with the medicaid director ~~of job and family services~~	108415
and consult with the executive director of the Ohio center for	108416
autism and low incidence and university-based programs that	108417
specialize in services for individuals with developmental	108418
disabilities when establishing programs under this section.	108419

Sec. 5123.09. Subject to the rules of the department of	108420
developmental disabilities, each institution under the	108421
jurisdiction of the department shall be under the control of a	108422
managing officer to be known as a superintendent or by other	108423
appropriate title. The managing officer shall be appointed by the	108424
director of developmental disabilities and shall be in the	108425
unclassified service and serve at the pleasure of the director.	108426
Each managing officer shall be of good moral character and have	108427
skill, ability, and experience in the managing officer's	108428
profession. Appointment to the position of managing officer of an	108429
institution may be made from persons holding positions in the	108430
classified service in the department.	108431

The managing officer, under the director, shall have entire	108432
executive charge of the institution for which the managing officer	108433
is appointed, except as provided in section ~~5119.16~~5119.44 of the	108434
Revised Code. Subject to civil service rules and rules adopted by	108435
the department, the managing officer shall appoint the necessary	108436
employees, and the managing officer or the director may remove	108437
those employees for cause. A report of all appointments,	108438
resignations, and discharges shall be filed with the appropriate	108439
division at the close of each month.	108440

After conference with the managing officer of each	108441
institution, the director shall determine the number of employees	108442
to be appointed to the various institutions and clinics.	108443

Sec. 5123.171. As used in this section, "respite care" means	108444
appropriate, short-term, temporary care provided to a mentally	108445
retarded or developmentally disabled person to sustain the family	108446
structure or to meet planned or emergency needs of the family.	108447

The department of developmental disabilities shall provide	108448
respite care services to persons with mental retardation or a	108449
developmental disability for the purpose of promoting	108450
self-sufficiency and normalization, preventing or reducing	108451
inappropriate institutional care, and furthering the unity of the	108452
family by enabling the family to meet the special needs of a	108453
mentally retarded or developmentally disabled person.	108454

In order to be eligible for respite care services under this	108455
section, the mentally retarded or developmentally disabled person	108456
must be in need of habilitation services as defined in section	108457
5126.01 of the Revised Code.	108458

Respite care may be provided in a residential facility	108459
licensed under section 5123.19 of the Revised Code (, including a	108460
residential facility certified as an ~~intermediate care facility~~	108461
~~for the mentally retarded under Title XIX of the "Social Security~~	108462
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	108463
ICF/IID, and a respite care home certified under section 5126.05	108464
of the Revised Code.	108465

The department shall develop a system for locating vacant	108466
beds that are available for respite care and for making	108467
information on vacant beds available to users of respite care	108468
services. ~~Facilities certified as intermediate care facilities for~~	108469
~~the mentally retarded~~ICFs/IID shall report vacant beds to the	108470
department but shall not be required to accept respite care	108471
clients.	108472

The director of developmental disabilities shall adopt, and	108473
may amend or rescind, rules in accordance with Chapter 119. of the	108474
Revised Code for both of the following:	108475

(A) Certification by county boards of developmental	108476
disabilities of respite care homes;	108477

(B) Provision of respite care services authorized by this	108478
section. Rules adopted under this division shall establish all of	108479
the following:	108480

(1) A formula for distributing funds appropriated for respite	108481
care services;	108482

(2) Standards for supervision, training and quality control	108483
in the provision of respite care services;	108484

(3) Eligibility criteria for emergency respite care services.

108485

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	108486
the Revised Code:	108487

(1) "Independent living arrangement" means an arrangement in	108488
which a mentally retarded or developmentally disabled person	108489
resides in an individualized setting chosen by the person or the	108490
person's guardian, which is not dedicated principally to the	108491
provision of residential services for mentally retarded or	108492
developmentally disabled persons, and for which no financial	108493
support is received for rendering such service from any	108494
governmental agency by a provider of residential services.	108495

(2) ~~"Intermediate care facility for the mentally retarded"~~	108496
~~has the same meaning as in section 1905(d) of the "Social Security~~	108497
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	108498

~~(3)~~ "Licensee" means the person or government agency that has	108499
applied for a license to operate a residential facility and to	108500
which the license was issued under this section.	108501

~~(4)~~(3) "Political subdivision" means a municipal corporation,	108502
county, or township.	108503

~~(5)~~(4) "Related party" has the same meaning as in section	108504
5123.16 of the Revised Code except that "provider" as used in the	108505
definition of "related party" means a person or government entity	108506
that held or applied for a license to operate a residential	108507
facility, rather than a person or government entity certified to	108508
provide supported living.	108509

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	108510
section, "residential facility" means a home or facility,	108511
including ~~a facility certified as an intermediate care facility~~	108512
~~for the mentally retarded~~an ICF/IID, in which an individual with	108513
mental retardation or a developmental disability resides.	108514

(b) "Residential facility" does not mean any of the	108515
following:	108516

(i) The home of a relative or legal guardian in which an	108517
individual with mental retardation or a developmental disability	108518
resides;	108519

(ii) A respite care home certified under section 5126.05 of	108520
the Revised Code;	108521

(iii) A county home or district home operated pursuant to	108522
Chapter 5155. of the Revised Code;	108523

(iv) A dwelling in which the only residents with mental	108524
retardation or developmental disabilities are in independent	108525
living arrangements or are being provided supported living.	108526

(B) Every person or government agency desiring to operate a	108527
residential facility shall apply for licensure of the facility to	108528
the director of developmental disabilities unless the residential	108529
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	108530
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	108531
Code.	108532

(C) Subject to section 5123.196 of the Revised Code, the	108533
director of developmental disabilities shall license the operation	108534
of residential facilities. An initial license shall be issued for	108535
a period that does not exceed one year, unless the director denies	108536
the license under division (D) of this section. A license shall be	108537
renewed for a period that does not exceed three years, unless the	108538
director refuses to renew the license under division (D) of this	108539
section. The director, when issuing or renewing a license, shall	108540
specify the period for which the license is being issued or	108541
renewed. A license remains valid for the length of the licensing	108542
period specified by the director, unless the license is	108543
terminated, revoked, or voluntarily surrendered.	108544

(D) If it is determined that an applicant or licensee is not	108545
in compliance with a provision of this chapter that applies to	108546
residential facilities or the rules adopted under such a	108547
provision, the director may deny issuance of a license, refuse to	108548
renew a license, terminate a license, revoke a license, issue an	108549
order for the suspension of admissions to a facility, issue an	108550
order for the placement of a monitor at a facility, issue an order	108551
for the immediate removal of residents, or take any other action	108552
the director considers necessary consistent with the director's	108553
authority under this chapter regarding residential facilities. In	108554
the director's selection and administration of the sanction to be	108555
imposed, all of the following apply:	108556

(1) The director may deny, refuse to renew, or revoke a	108557
license, if the director determines that the applicant or licensee	108558
has demonstrated a pattern of serious noncompliance or that a	108559
violation creates a substantial risk to the health and safety of	108560
residents of a residential facility.	108561

(2) The director may terminate a license if more than twelve	108562
consecutive months have elapsed since the residential facility was	108563
last occupied by a resident or a notice required by division (K)	108564
of this section is not given.	108565

(3) The director may issue an order for the suspension of	108566
admissions to a facility for any violation that may result in	108567
sanctions under division (D)(1) of this section and for any other	108568
violation specified in rules adopted under division (H)(2) of this	108569
section. If the suspension of admissions is imposed for a	108570
violation that may result in sanctions under division (D)(1) of	108571
this section, the director may impose the suspension before	108572
providing an opportunity for an adjudication under Chapter 119. of	108573
the Revised Code. The director shall lift an order for the	108574
suspension of admissions when the director determines that the	108575
violation that formed the basis for the order has been corrected.	108576

(4) The director may order the placement of a monitor at a	108577
residential facility for any violation specified in rules adopted	108578
under division (H)(2) of this section. The director shall lift the	108579
order when the director determines that the violation that formed	108580
the basis for the order has been corrected.	108581

(5) If the director determines that two or more residential	108582
facilities owned or operated by the same person or government	108583
entity are not being operated in compliance with a provision of	108584
this chapter that applies to residential facilities or the rules	108585
adopted under such a provision, and the director's findings are	108586
based on the same or a substantially similar action, practice,	108587
circumstance, or incident that creates a substantial risk to the	108588
health and safety of the residents, the director shall conduct a	108589
survey as soon as practicable at each residential facility owned	108590
or operated by that person or government entity. The director may	108591
take any action authorized by this section with respect to any	108592
facility found to be operating in violation of a provision of this	108593
chapter that applies to residential facilities or the rules	108594
adopted under such a provision.	108595

(6) When the director initiates license revocation	108596
proceedings, no opportunity for submitting a plan of correction	108597
shall be given. The director shall notify the licensee by letter	108598
of the initiation of the proceedings. The letter shall list the	108599
deficiencies of the residential facility and inform the licensee	108600
that no plan of correction will be accepted. The director shall	108601
also send a copy of the letter to the county board of	108602
developmental disabilities. The county board shall send a copy of	108603
the letter to each of the following:	108604

(a) Each resident who receives services from the licensee;

108605

(b) The guardian of each resident who receives services from	108606
the licensee if the resident has a guardian;	108607

(c) The parent or guardian of each resident who receives	108608
services from the licensee if the resident is a minor.	108609

(7) Pursuant to rules which shall be adopted in accordance	108610
with Chapter 119. of the Revised Code, the director may order the	108611
immediate removal of residents from a residential facility	108612
whenever conditions at the facility present an immediate danger of	108613
physical or psychological harm to the residents.	108614

(8) In determining whether a residential facility is being	108615
operated in compliance with a provision of this chapter that	108616
applies to residential facilities or the rules adopted under such	108617
a provision, or whether conditions at a residential facility	108618
present an immediate danger of physical or psychological harm to	108619
the residents, the director may rely on information obtained by a	108620
county board of developmental disabilities or other governmental	108621
agencies.	108622

(9) In proceedings initiated to deny, refuse to renew, or	108623
revoke licenses, the director may deny, refuse to renew, or revoke	108624
a license regardless of whether some or all of the deficiencies	108625
that prompted the proceedings have been corrected at the time of	108626
the hearing.	108627

(E) The director shall establish a program under which public	108628
notification may be made when the director has initiated license	108629
revocation proceedings or has issued an order for the suspension	108630
of admissions, placement of a monitor, or removal of residents.	108631
The director shall adopt rules in accordance with Chapter 119. of	108632
the Revised Code to implement this division. The rules shall	108633
establish the procedures by which the public notification will be	108634
made and specify the circumstances for which the notification must	108635
be made. The rules shall require that public notification be made	108636
if the director has taken action against the facility in the	108637
eighteen-month period immediately preceding the director's latest	108638
action against the facility and the latest action is being taken	108639
for the same or a substantially similar violation of a provision	108640
of this chapter that applies to residential facilities or the	108641
rules adopted under such a provision. The rules shall specify a	108642
method for removing or amending the public notification if the	108643
director's action is found to have been unjustified or the	108644
violation at the residential facility has been corrected.	108645

(F)(1) Except as provided in division (F)(2) of this section,	108646
appeals from proceedings initiated to impose a sanction under	108647
division (D) of this section shall be conducted in accordance with	108648
Chapter 119. of the Revised Code.	108649

(2) Appeals from proceedings initiated to order the	108650
suspension of admissions to a facility shall be conducted in	108651
accordance with Chapter 119. of the Revised Code, unless the order	108652
was issued before providing an opportunity for an adjudication, in	108653
which case all of the following apply:	108654

(a) The licensee may request a hearing not later than ten	108655
days after receiving the notice specified in section 119.07 of the	108656
Revised Code.	108657

(b) If a timely request for a hearing that includes the	108658
licensee's current address is made, the hearing shall commence not	108659
later than thirty days after the department receives the request.	108660

(c) After commencing, the hearing shall continue	108661
uninterrupted, except for Saturdays, Sundays, and legal holidays,	108662
unless other interruptions are agreed to by the licensee and the	108663
director.	108664

(d) If the hearing is conducted by a hearing examiner, the	108665
hearing examiner shall file a report and recommendations not later	108666
than ten days after the last of the following:	108667

(i) The close of the hearing;

108668

(ii) If a transcript of the proceedings is ordered, the	108669
hearing examiner receives the transcript;	108670

(iii) If post-hearing briefs are timely filed, the hearing	108671
examiner receives the briefs.	108672

(e) A copy of the written report and recommendation of the	108673
hearing examiner shall be sent, by certified mail, to the licensee	108674
and the licensee's attorney, if applicable, not later than five	108675
days after the report is filed.	108676

(f) Not later than five days after the hearing examiner files	108677
the report and recommendations, the licensee may file objections	108678
to the report and recommendations.	108679

(g) Not later than fifteen days after the hearing examiner	108680
files the report and recommendations, the director shall issue an	108681
order approving, modifying, or disapproving the report and	108682
recommendations.	108683

(h) Notwithstanding the pendency of the hearing, the director	108684
shall lift the order for the suspension of admissions when the	108685
director determines that the violation that formed the basis for	108686
the order has been corrected.	108687

(G) Neither a person or government agency whose application	108688
for a license to operate a residential facility is denied nor a	108689
related party of the person or government agency may apply for a	108690
license to operate a residential facility before the date that is	108691
one year after the date of the denial. Neither a licensee whose	108692
residential facility license is revoked nor a related party of the	108693
licensee may apply for a residential facility license before the	108694
date that is five years after the date of the revocation.	108695

(H) In accordance with Chapter 119. of the Revised Code, the	108696
director shall adopt and may amend and rescind rules for licensing	108697
and regulating the operation of residential facilities. The rules	108698
for residential facilities that are ~~intermediate care facilities~~	108699
~~for the mentally retarded~~ICFs/IID may differ from those for other	108700
residential facilities. The rules shall establish and specify the	108701
following:	108702

(1) Procedures and criteria for issuing and renewing	108703
licenses, including procedures and criteria for determining the	108704
length of the licensing period that the director must specify for	108705
each license when it is issued or renewed;	108706

(2) Procedures and criteria for denying, refusing to renew,	108707
terminating, and revoking licenses and for ordering the suspension	108708
of admissions to a facility, placement of a monitor at a facility,	108709
and the immediate removal of residents from a facility;	108710

(3) Fees for issuing and renewing licenses, which shall be	108711
deposited into the program fee fund created under section 5123.033	108712
of the Revised Code;	108713

(4) Procedures for surveying residential facilities;

108714

(5) Requirements for the training of residential facility	108715
personnel;	108716

(6) Classifications for the various types of residential	108717
facilities;	108718

(7) Certification procedures for licensees and management	108719
contractors that the director determines are necessary to ensure	108720
that they have the skills and qualifications to properly operate	108721
or manage residential facilities;	108722

(8) The maximum number of persons who may be served in a	108723
particular type of residential facility;	108724

(9) Uniform procedures for admission of persons to and	108725
transfers and discharges of persons from residential facilities;	108726

(10) Other standards for the operation of residential	108727
facilities and the services provided at residential facilities;	108728

(11) Procedures for waiving any provision of any rule adopted	108729
under this section.	108730

(I) Before issuing a license, the director of the department	108731
or the director's designee shall conduct a survey of the	108732
residential facility for which application is made. The director	108733
or the director's designee shall conduct a survey of each licensed	108734
residential facility at least once during the period the license	108735
is valid and may conduct additional inspections as needed. A	108736
survey includes but is not limited to an on-site examination and	108737
evaluation of the residential facility, its personnel, and the	108738
services provided there.	108739

In conducting surveys, the director or the director's	108740
designee shall be given access to the residential facility; all	108741
records, accounts, and any other documents related to the	108742
operation of the facility; the licensee; the residents of the	108743
facility; and all persons acting on behalf of, under the control	108744
of, or in connection with the licensee. The licensee and all	108745
persons on behalf of, under the control of, or in connection with	108746
the licensee shall cooperate with the director or the director's	108747
designee in conducting the survey.	108748

Following each survey, unless the director initiates a	108749
license revocation proceeding, the director or the director's	108750
designee shall provide the licensee with a report listing any	108751
deficiencies, specifying a timetable within which the licensee	108752
shall submit a plan of correction describing how the deficiencies	108753
will be corrected, and, when appropriate, specifying a timetable	108754
within which the licensee must correct the deficiencies. After a	108755
plan of correction is submitted, the director or the director's	108756
designee shall approve or disapprove the plan. A copy of the	108757
report and any approved plan of correction shall be provided to	108758
any person who requests it.	108759

The director shall initiate disciplinary action against any	108760
department employee who notifies or causes the notification to any	108761
unauthorized person of an unannounced survey of a residential	108762
facility by an authorized representative of the department.	108763

(J) In addition to any other information which may be	108764
required of applicants for a license pursuant to this section, the	108765
director shall require each applicant to provide a copy of an	108766
approved plan for a proposed residential facility pursuant to	108767
section 5123.042 of the Revised Code. This division does not apply	108768
to renewal of a license or to an applicant for an initial or	108769
modified license who meets the requirements of section 5123.197 of	108770
the Revised Code.	108771

(K) A licensee shall notify the owner of the building in	108772
which the licensee's residential facility is located of any	108773
significant change in the identity of the licensee or management	108774
contractor before the effective date of the change if the licensee	108775
is not the owner of the building.	108776

Pursuant to rules which shall be adopted in accordance with	108777
Chapter 119. of the Revised Code, the director may require	108778
notification to the department of any significant change in the	108779
ownership of a residential facility or in the identity of the	108780
licensee or management contractor. If the director determines that	108781
a significant change of ownership is proposed, the director shall	108782
consider the proposed change to be an application for development	108783
by a new operator pursuant to section 5123.042 of the Revised Code	108784
and shall advise the applicant within sixty days of the	108785
notification that the current license shall continue in effect or	108786
a new license will be required pursuant to this section. If the	108787
director requires a new license, the director shall permit the	108788
facility to continue to operate under the current license until	108789
the new license is issued, unless the current license is revoked,	108790
refused to be renewed, or terminated in accordance with Chapter	108791
119. of the Revised Code.	108792

(L) A county board of developmental disabilities and any	108793
interested person may file complaints alleging violations of	108794
statute or department rule relating to residential facilities with	108795
the department. All complaints shall be in writing and shall state	108796
the facts constituting the basis of the allegation. The department	108797
shall not reveal the source of any complaint unless the	108798
complainant agrees in writing to waive the right to	108799
confidentiality or until so ordered by a court of competent	108800
jurisdiction.	108801

The department shall adopt rules in accordance with Chapter	108802
119. of the Revised Code establishing procedures for the receipt,	108803
referral, investigation, and disposition of complaints filed with	108804
the department under this division.	108805

(M) The department shall establish procedures for the	108806
notification of interested parties of the transfer or interim care	108807
of residents from residential facilities that are closing or are	108808
losing their license.	108809

(N) Before issuing a license under this section to a	108810
residential facility that will accommodate at any time more than	108811
one mentally retarded or developmentally disabled individual, the	108812
director shall, by first class mail, notify the following:	108813

(1) If the facility will be located in a municipal	108814
corporation, the clerk of the legislative authority of the	108815
municipal corporation;	108816

(2) If the facility will be located in unincorporated	108817
territory, the clerk of the appropriate board of county	108818
commissioners and the fiscal officer of the appropriate board of	108819
township trustees.	108820

The director shall not issue the license for ten days after	108821
mailing the notice, excluding Saturdays, Sundays, and legal	108822
holidays, in order to give the notified local officials time in	108823
which to comment on the proposed issuance.	108824

Any legislative authority of a municipal corporation, board	108825
of county commissioners, or board of township trustees that	108826
receives notice under this division of the proposed issuance of a	108827
license for a residential facility may comment on it in writing to	108828
the director within ten days after the director mailed the notice,	108829
excluding Saturdays, Sundays, and legal holidays. If the director	108830
receives written comments from any notified officials within the	108831
specified time, the director shall make written findings	108832
concerning the comments and the director's decision on the	108833
issuance of the license. If the director does not receive written	108834
comments from any notified local officials within the specified	108835
time, the director shall continue the process for issuance of the	108836
license.	108837

(O) Any person may operate a licensed residential facility	108838
that provides room and board, personal care, habilitation	108839
services, and supervision in a family setting for at least six but	108840
not more than eight persons with mental retardation or a	108841
developmental disability as a permitted use in any residential	108842
district or zone, including any single-family residential district	108843
or zone, of any political subdivision. These residential	108844
facilities may be required to comply with area, height, yard, and	108845
architectural compatibility requirements that are uniformly	108846
imposed upon all single-family residences within the district or	108847
zone.	108848

(P) Any person may operate a licensed residential facility	108849
that provides room and board, personal care, habilitation	108850
services, and supervision in a family setting for at least nine	108851
but not more than sixteen persons with mental retardation or a	108852
developmental disability as a permitted use in any multiple-family	108853
residential district or zone of any political subdivision, except	108854
that a political subdivision that has enacted a zoning ordinance	108855
or resolution establishing planned unit development districts may	108856
exclude these residential facilities from those districts, and a	108857
political subdivision that has enacted a zoning ordinance or	108858
resolution may regulate these residential facilities in	108859
multiple-family residential districts or zones as a conditionally	108860
permitted use or special exception, in either case, under	108861
reasonable and specific standards and conditions set out in the	108862
zoning ordinance or resolution to:	108863

(1) Require the architectural design and site layout of the	108864
residential facility and the location, nature, and height of any	108865
walls, screens, and fences to be compatible with adjoining land	108866
uses and the residential character of the neighborhood;	108867

(2) Require compliance with yard, parking, and sign	108868
regulation;	108869

(3) Limit excessive concentration of these residential	108870
facilities.	108871

(Q) This section does not prohibit a political subdivision	108872
from applying to residential facilities nondiscriminatory	108873
regulations requiring compliance with health, fire, and safety	108874
regulations and building standards and regulations.	108875

(R) Divisions (O) and (P) of this section are not applicable	108876
to municipal corporations that had in effect on June 15, 1977, an	108877
ordinance specifically permitting in residential zones licensed	108878
residential facilities by means of permitted uses, conditional	108879
uses, or special exception, so long as such ordinance remains in	108880
effect without any substantive modification.	108881

(S)(1) The director may issue an interim license to operate a	108882
residential facility to an applicant for a license under this	108883
section if either of the following is the case:	108884

(a) The director determines that an emergency exists	108885
requiring immediate placement of persons in a residential	108886
facility, that insufficient licensed beds are available, and that	108887
the residential facility is likely to receive a permanent license	108888
under this section within thirty days after issuance of the	108889
interim license.	108890

(b) The director determines that the issuance of an interim	108891
license is necessary to meet a temporary need for a residential	108892
facility.	108893

(2) To be eligible to receive an interim license, an	108894
applicant must meet the same criteria that must be met to receive	108895
a permanent license under this section, except for any differing	108896
procedures and time frames that may apply to issuance of a	108897
permanent license.	108898

(3) An interim license shall be valid for thirty days and may	108899
be renewed by the director for a period not to exceed one hundred	108900
fifty days.	108901

(4) The director shall adopt rules in accordance with Chapter	108902
119. of the Revised Code as the director considers necessary to	108903
administer the issuance of interim licenses.	108904

(T) Notwithstanding rules adopted pursuant to this section	108905
establishing the maximum number of persons who may be served in a	108906
particular type of residential facility, a residential facility	108907
shall be permitted to serve the same number of persons being	108908
served by the facility on the effective date of the rules or the	108909
number of persons for which the facility is authorized pursuant to	108910
a current application for a certificate of need with a letter of	108911
support from the department of developmental disabilities and	108912
which is in the review process prior to April 4, 1986.	108913

(U) The director or the director's designee may enter at any	108914
time, for purposes of investigation, any home, facility, or other	108915
structure that has been reported to the director or that the	108916
director has reasonable cause to believe is being operated as a	108917
residential facility without a license issued under this section.	108918

The director may petition the court of common pleas of the	108919
county in which an unlicensed residential facility is located for	108920
an order enjoining the person or governmental agency operating the	108921
facility from continuing to operate without a license. The court	108922
may grant the injunction on a showing that the person or	108923
governmental agency named in the petition is operating a	108924
residential facility without a license. The court may grant the	108925
injunction, regardless of whether the residential facility meets	108926
the requirements for receiving a license under this section.	108927

Sec. 5123.192. (A) A person or government agency operating,	108928
on ~~the effective date of this section~~September 10, 2012, an	108929
~~intermediate care facility for the mentally retarded~~ICF/IID	108930
pursuant to a nursing home license issued under Chapter 3721. of	108931
the Revised Code shall do both of the following as a condition of	108932
continuing to operate the ~~facility~~ICF/IID on and after July 1,	108933
2013:	108934

(1) Not later than February 1, 2013, apply to the director of	108935
developmental disabilities for a residential facility license	108936
under section 5123.19 of the Revised Code for the ~~facility~~	108937
ICF/IID;	108938

(2) Not later than July 1, 2013, obtain the residential	108939
facility license for the ~~facility~~ICF/IID.	108940

(B) The nursing home license of an ~~intermediate care facility~~	108941
~~for the mentally retarded~~ICF/IID shall cease to be valid at the	108942
earliest of the following:	108943

(1) The date that the ~~facility's~~ICF/IID's nursing home	108944
license is revoked or voided under section 3721.07 of the Revised	108945
Code;	108946

(2) The date that a residential facility license is obtained	108947
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108948
Code;	108949

(3) July 1, 2013.

108950

(C) Except for existing nursing home beds not certified as	108951
~~intermediate care facility for the mentally retarded~~ICF/IID beds	108952
and relocated in accordance with a move authorized by a	108953
certificate of need under Chapter 3702. of the Revised Code, no	108954
bed that is part of an ~~intermediate care facility for the mentally~~	108955
~~retarded~~ICF/IID that is licensed as a nursing home on ~~the~~	108956
~~effective date of this section~~September 10, 2012, may be used as	108957
part of a nursing home on and after the earlier of the following:	108958

(1) The date that a residential facility license is obtained	108959
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108960
Code;	108961

(2) July 1, 2013.

108962

Sec. 5123.197. Neither an applicant for an initial	108963
residential facility license under section 5123.19 of the Revised	108964
Code nor an applicant for a modification of an existing	108965
residential facility license under that section is required to	108966
obtain approval of a plan for the proposed new residential	108967
facility or modification to the existing residential facility	108968
pursuant to section 5123.042 of the Revised Code if all of the	108969
following apply:	108970

(A) The new residential facility or modification to the	108971
existing residential facility is to serve individuals who have	108972
diagnoses or special care needs for which a medicaid ~~reimbursement~~	108973
payment rate is set pursuant to section ~~5111.258~~5124.152 of the	108974
Revised Code;	108975

(B) The ~~directors of job and family services~~medicaid	108976
director and director of developmental disabilities determine that	108977
there is a need under the medicaid program for the proposed new	108978
residential facility or modification to the existing residential	108979
facility and that approving the application for the initial	108980
residential facility license or modification to the existing	108981
residential facility license is fiscally prudent for the medicaid	108982
program;	108983

(C) The director of budget and management notifies the	108984
~~directors of job and family services~~medicaid director and	108985
director of developmental disabilities that the director of budget	108986
and management agrees with the directors' determination under	108987
division (B) of this section.	108988

Sec. 5123.198. (A) As used in this section, "date of the	108989
commitment" means the date that an individual specified in	108990
division (B) of this section begins to reside in a state-operated	108991
~~intermediate care facility for the mentally retarded~~ICF/IID after	108992
being committed to the ~~facility~~ICF/IID pursuant to sections	108993
5123.71 to 5123.76 of the Revised Code.	108994

(B) Except as provided in division (C) of this section,	108995
whenever a resident of a residential facility is committed to a	108996
state-operated ~~intermediate care facility for the mentally~~	108997
~~retarded~~ICF/IID pursuant to sections 5123.71 to 5123.76 of the	108998
Revised Code, the department of developmental disabilities,	108999
pursuant to an adjudication order issued in accordance with	109000
Chapter 119. of the Revised Code, shall reduce by one the number	109001
of residents for which the residential facility in which the	109002
resident resided is licensed.	109003

(C) The department shall not reduce under division (B) of	109004
this section the number of residents for which a residential	109005
facility is licensed if any of the following are the case:	109006

(1) The resident of the residential facility who is committed	109007
to a state-operated ~~intermediate care facility for the mentally~~	109008
~~retarded~~ICF/IID resided in the residential facility because of	109009
the closure, on or after June 26, 2003, of another state-operated	109010
~~intermediate care facility for the mentally retarded~~ICF/IID;	109011

(2) The residential facility admits within ninety days of the	109012
date of the commitment an individual who resides on the date of	109013
the commitment in a state-operated ~~intermediate care facility for~~	109014
~~the mentally retarded~~ICF/IID or another residential facility;	109015

(3) The department fails to do either of the following within	109016
ninety days of the date of the commitment:	109017

(a) Identify an individual to whom all of the following	109018
applies:	109019

(i) Resides on the date of the commitment in a state-operated	109020
~~intermediate care facility for the mentally retarded~~ICF/IID or	109021
another residential facility;	109022

(ii) Has indicated to the department an interest in	109023
relocating to the residential facility or has a parent or guardian	109024
who has indicated to the department an interest for the individual	109025
to relocate to the residential facility;	109026

(iii) The department determines the individual has needs that	109027
the residential facility can meet.	109028

(b) Provide the residential facility with information about	109029
the individual identified under division (C)(2)(a) of this section	109030
that the residential facility needs in order to determine whether	109031
the facility can meet the individual's needs.	109032

(4) If the department completes the actions specified in	109033
divisions (C)(3)(a) and (b) of this section not later than ninety	109034
days after the date of the commitment and except as provided in	109035
division (D) of this section, the residential facility does all of	109036
the following not later than ninety days after the date of the	109037
commitment:	109038

(a) Evaluates the information provided by the department;

109039

(b) Assesses the identified individual's needs;

109040

(c) Determines that the residential facility cannot meet the	109041
identified individual's needs.	109042

(5) If the department completes the actions specified in	109043
divisions (C)(3)(a) and (b) of this section not later than ninety	109044
days after the date of the commitment and the residential facility	109045
determines that the residential facility can meet the identified	109046
individual's needs, the individual, or a parent or guardian of the	109047
individual, refuses placement in the residential facility.	109048

(D) The department may reduce under division (B) of this	109049
section the number of residents for which a residential facility	109050
is licensed even though the residential facility completes the	109051
actions specified in division (C)(4) of this section not later	109052
than ninety days after the date of the commitment if all of the	109053
following are the case:	109054

(1) The department disagrees with the residential facility's	109055
determination that the residential facility cannot meet the	109056
identified individual's needs.	109057

(2) The department issues a written decision pursuant to the	109058
uniform procedures for admissions, transfers, and discharges	109059
established by rules adopted under division (H)(9) of section	109060
5123.19 of the Revised Code that the residential facility should	109061
admit the identified individual.	109062

(3) After the department issues the written decision	109063
specified in division (D)(2) of this section, the residential	109064
facility refuses to admit the identified individual.	109065

(E) A residential facility that admits, refuses to admit,	109066
transfers, or discharges a resident under this section shall	109067
comply with the uniform procedures for admissions, transfers, and	109068
discharges established by rules adopted under division (H)(9) of	109069
section 5123.19 of the Revised Code.	109070

~~(F) The department of developmental disabilities may notify~~	109071
~~the department of job and family services of any reduction under~~	109072
~~this section in the number of residents for which a residential~~	109073
~~facility that is an intermediate care facility for the mentally~~	109074
~~retarded is licensed. On receiving the notice, the department of~~	109075
~~job and family services may transfer to the department of~~	109076
~~developmental disabilities the savings in the nonfederal share of~~	109077
~~medicaid expenditures for each fiscal year after the year of the~~	109078
~~commitment to be used for costs of the resident's care in the~~	109079
~~state-operated intermediate care facility for the mentally~~	109080
~~retarded. In determining the amount saved, the department of job~~	109081
~~and family services shall consider medicaid payments for the~~	109082
~~remaining residents of the facility in which the resident resided.~~	109083

Sec. 5123.38. (A) Except as provided in division (B) of this	109084
section, if an individual receiving supported living or home and	109085
community-based services funded by a county board of developmental	109086
disabilities is committed to a state-operated ~~intermediate care~~	109087
~~facility for the mentally retarded~~ICF/IID pursuant to sections	109088
5123.71 to 5123.76 of the Revised Code, the county board is	109089
responsible for the nonfederal share of medicaid expenditures for	109090
the individual's care in the state-operated ~~facility~~ICF/IID. The	109091
department of developmental disabilities shall collect the amount	109092
of the nonfederal share from the county board by either	109093
withholding that amount from funds the department has otherwise	109094
allocated to the county board or submitting an invoice for payment	109095
of that amount to the county board.	109096

(B) Division (A) of this section does not apply under any of	109097
the following circumstances:	109098

(1) The county board, not later than ninety days after the	109099
date of the commitment of a person receiving supported living,	109100
commences funding of supported living for an individual who	109101
resides in a state-operated ~~intermediate care facility for the~~	109102
~~mentally retarded~~ICF/IID on the date of the commitment or another	109103
eligible individual designated by the department.	109104

(2) The county board, not later than ninety days after the	109105
date of the commitment of a person receiving home and	109106
community-based services, commences funding of home and	109107
community-based services for an individual who resides in a	109108
state-operated ~~intermediate care facility for the mentally~~	109109
~~retarded~~ICF/IID on the date of the commitment or another eligible	109110
individual designated by the department.	109111

(3) The director of developmental disabilities, after	109112
determining that circumstances warrant granting a waiver in an	109113
individual's case, grants the county board a waiver that exempts	109114
the county board from responsibility for the nonfederal share for	109115
that case.	109116

Sec. 5123.61. (A) As used in this section:

109117

(1) "Law enforcement agency" means the state highway patrol,	109118
the police department of a municipal corporation, or a county	109119
sheriff.	109120

(2) "Abuse" has the same meaning as in section 5123.50 of the	109121
Revised Code, except that it includes a misappropriation, as	109122
defined in that section.	109123

(3) "Neglect" has the same meaning as in section 5123.50 of	109124
the Revised Code.	109125

(B) The department of developmental disabilities shall	109126
establish a registry office for the purpose of maintaining reports	109127
of abuse, neglect, and other major unusual incidents made to the	109128
department under this section and reports received from county	109129
boards of developmental disabilities under section 5126.31 of the	109130
Revised Code. The department shall establish committees to review	109131
reports of abuse, neglect, and other major unusual incidents.	109132

(C)(1) Any person listed in division (C)(2) of this section,	109133
having reason to believe that a person with mental retardation or	109134
a developmental disability has suffered or faces a substantial	109135
risk of suffering any wound, injury, disability, or condition of	109136
such a nature as to reasonably indicate abuse or neglect of that	109137
person, shall immediately report or cause reports to be made of	109138
such information to the entity specified in this division. Except	109139
as provided in section 5120.173 of the Revised Code or as	109140
otherwise provided in this division, the person making the report	109141
shall make it to a law enforcement agency or to the county board	109142
of developmental disabilities. If the report concerns a resident	109143
of a facility operated by the department of developmental	109144
disabilities the report shall be made either to a law enforcement	109145
agency or to the department. If the report concerns any act or	109146
omission of an employee of a county board of developmental	109147
disabilities, the report immediately shall be made to the	109148
department and to the county board.	109149

(2) All of the following persons are required to make a	109150
report under division (C)(1) of this section:	109151

(a) Any physician, including a hospital intern or resident,	109152
any dentist, podiatrist, chiropractor, practitioner of a limited	109153
branch of medicine as specified in section 4731.15 of the Revised	109154
Code, hospital administrator or employee of a hospital, nurse	109155
licensed under Chapter 4723. of the Revised Code, employee of an	109156
ambulatory health facility as defined in section 5101.61 of the	109157
Revised Code, employee of a home health agency, employee of a	109158
residential facility licensed under section ~~5119.22~~5119.34 of the	109159
Revised Code that provides accommodations, supervision, and person	109160
care services for three to sixteen unrelated adults, or employee	109161
of a community mental health facility;	109162

(b) Any school teacher or school authority, social worker,	109163
psychologist, attorney, peace officer, coroner, or residents'	109164
rights advocate as defined in section 3721.10 of the Revised Code;	109165

(c) A superintendent, board member, or employee of a county	109166
board of developmental disabilities; an administrator, board	109167
member, or employee of a residential facility licensed under	109168
section 5123.19 of the Revised Code; an administrator, board	109169
member, or employee of any other public or private provider of	109170
services to a person with mental retardation or a developmental	109171
disability, or any MR/DD employee, as defined in section 5123.50	109172
of the Revised Code;	109173

(d) A member of a citizen's advisory council established at	109174
an institution or branch institution of the department of	109175
developmental disabilities under section 5123.092 of the Revised	109176
Code;	109177

(e) A member of the clergy who is employed in a position that	109178
includes providing specialized services to an individual with	109179
mental retardation or another developmental disability, while	109180
acting in an official or professional capacity in that position,	109181
or a person who is employed in a position that includes providing	109182
specialized services to an individual with mental retardation or	109183
another developmental disability and who, while acting in an	109184
official or professional capacity, renders spiritual treatment	109185
through prayer in accordance with the tenets of an organized	109186
religion.	109187

(3)(a) The reporting requirements of this division do not	109188
apply to employees of the Ohio protection and advocacy system.	109189

(b) An attorney or physician is not required to make a report	109190
pursuant to division (C)(1) of this section concerning any	109191
communication the attorney or physician receives from a client or	109192
patient in an attorney-client or physician-patient relationship,	109193
if, in accordance with division (A) or (B) of section 2317.02 of	109194
the Revised Code, the attorney or physician could not testify with	109195
respect to that communication in a civil or criminal proceeding,	109196
except that the client or patient is deemed to have waived any	109197
testimonial privilege under division (A) or (B) of section 2317.02	109198
of the Revised Code with respect to that communication and the	109199
attorney or physician shall make a report pursuant to division	109200
(C)(1) of this section, if both of the following apply:	109201

(i) The client or patient, at the time of the communication,	109202
is a person with mental retardation or a developmental disability.	109203

(ii) The attorney or physician knows or suspects, as a result	109204
of the communication or any observations made during that	109205
communication, that the client or patient has suffered or faces a	109206
substantial risk of suffering any wound, injury, disability, or	109207
condition of a nature that reasonably indicates abuse or neglect	109208
of the client or patient.	109209

(4) Any person who fails to make a report required under	109210
division (C) of this section and who is an MR/DD employee, as	109211
defined in section 5123.50 of the Revised Code, shall be eligible	109212
to be included in the registry regarding misappropriation, abuse,	109213
neglect, or other specified misconduct by MR/DD employees	109214
established under section 5123.52 of the Revised Code.	109215

(D) The reports required under division (C) of this section	109216
shall be made forthwith by telephone or in person and shall be	109217
followed by a written report. The reports shall contain the	109218
following:	109219

(1) The names and addresses of the person with mental	109220
retardation or a developmental disability and the person's	109221
custodian, if known;	109222

(2) The age of the person with mental retardation or a	109223
developmental disability;	109224

(3) Any other information that would assist in the	109225
investigation of the report.	109226

(E) When a physician performing services as a member of the	109227
staff of a hospital or similar institution has reason to believe	109228
that a person with mental retardation or a developmental	109229
disability has suffered injury, abuse, or physical neglect, the	109230
physician shall notify the person in charge of the institution or	109231
that person's designated delegate, who shall make the necessary	109232
reports.	109233

(F) Any person having reasonable cause to believe that a	109234
person with mental retardation or a developmental disability has	109235
suffered or faces a substantial risk of suffering abuse or neglect	109236
may report or cause a report to be made of that belief to the	109237
entity specified in this division. Except as provided in section	109238
5120.173 of the Revised Code or as otherwise provided in this	109239
division, the person making the report shall make it to a law	109240
enforcement agency or the county board of developmental	109241
disabilities. If the person is a resident of a facility operated	109242
by the department of developmental disabilities, the report shall	109243
be made to a law enforcement agency or to the department. If the	109244
report concerns any act or omission of an employee of a county	109245
board of developmental disabilities, the report immediately shall	109246
be made to the department and to the county board.	109247

(G)(1) Upon the receipt of a report concerning the possible	109248
abuse or neglect of a person with mental retardation or a	109249
developmental disability, the law enforcement agency shall inform	109250
the county board of developmental disabilities or, if the person	109251
is a resident of a facility operated by the department of	109252
developmental disabilities, the director of the department or the	109253
director's designee.	109254

(2) On receipt of a report under this section that includes	109255
an allegation of action or inaction that may constitute a crime	109256
under federal law or the law of this state, the department of	109257
developmental disabilities shall notify the law enforcement	109258
agency.	109259

(3) When a county board of developmental disabilities	109260
receives a report under this section that includes an allegation	109261
of action or inaction that may constitute a crime under federal	109262
law or the law of this state, the superintendent of the board or	109263
an individual the superintendent designates under division (H) of	109264
this section shall notify the law enforcement agency. The	109265
superintendent or individual shall notify the department of	109266
developmental disabilities when it receives any report under this	109267
section.	109268

(4) When a county board of developmental disabilities	109269
receives a report under this section and believes that the degree	109270
of risk to the person is such that the report is an emergency, the	109271
superintendent of the board or an employee of the board the	109272
superintendent designates shall attempt a face-to-face contact	109273
with the person with mental retardation or a developmental	109274
disability who allegedly is the victim within one hour of the	109275
board's receipt of the report.	109276

(H) The superintendent of the board may designate an	109277
individual to be responsible for notifying the law enforcement	109278
agency and the department when the county board receives a report	109279
under this section.	109280

(I) An adult with mental retardation or a developmental	109281
disability about whom a report is made may be removed from the	109282
adult's place of residence only by law enforcement officers who	109283
consider that the adult's immediate removal is essential to	109284
protect the adult from further injury or abuse or in accordance	109285
with the order of a court made pursuant to section 5126.33 of the	109286
Revised Code.	109287

(J) A law enforcement agency shall investigate each report of	109288
abuse or neglect it receives under this section. In addition, the	109289
department, in cooperation with law enforcement officials, shall	109290
investigate each report regarding a resident of a facility	109291
operated by the department to determine the circumstances	109292
surrounding the injury, the cause of the injury, and the person	109293
responsible. The investigation shall be in accordance with the	109294
memorandum of understanding prepared under section 5126.058 of the	109295
Revised Code. The department shall determine, with the registry	109296
office which shall be maintained by the department, whether prior	109297
reports have been made concerning an adult with mental retardation	109298
or a developmental disability or other principals in the case. If	109299
the department finds that the report involves action or inaction	109300
that may constitute a crime under federal law or the law of this	109301
state, it shall submit a report of its investigation, in writing,	109302
to the law enforcement agency. If the person with mental	109303
retardation or a developmental disability is an adult, with the	109304
consent of the adult, the department shall provide such protective	109305
services as are necessary to protect the adult. The law	109306
enforcement agency shall make a written report of its findings to	109307
the department.	109308

If the person is an adult and is not a resident of a facility	109309
operated by the department, the county board of developmental	109310
disabilities shall review the report of abuse or neglect in	109311
accordance with sections 5126.30 to 5126.33 of the Revised Code	109312
and the law enforcement agency shall make the written report of	109313
its findings to the county board.	109314

(K) Any person or any hospital, institution, school, health	109315
department, or agency participating in the making of reports	109316
pursuant to this section, any person participating as a witness in	109317
an administrative or judicial proceeding resulting from the	109318
reports, or any person or governmental entity that discharges	109319
responsibilities under sections 5126.31 to 5126.33 of the Revised	109320
Code shall be immune from any civil or criminal liability that	109321
might otherwise be incurred or imposed as a result of such actions	109322
except liability for perjury, unless the person or governmental	109323
entity has acted in bad faith or with malicious purpose.	109324

(L) No employer or any person with the authority to do so	109325
shall discharge, demote, transfer, prepare a negative work	109326
performance evaluation, reduce pay or benefits, terminate work	109327
privileges, or take any other action detrimental to an employee or	109328
retaliate against an employee as a result of the employee's having	109329
made a report under this section. This division does not preclude	109330
an employer or person with authority from taking action with	109331
regard to an employee who has made a report under this section if	109332
there is another reasonable basis for the action.	109333

(M) Reports made under this section are not public records as	109334
defined in section 149.43 of the Revised Code. Information	109335
contained in the reports on request shall be made available to the	109336
person who is the subject of the report, to the person's legal	109337
counsel, and to agencies authorized to receive information in the	109338
report by the department or by a county board of developmental	109339
disabilities.	109340

(N) Notwithstanding section 4731.22 of the Revised Code, the	109341
physician-patient privilege shall not be a ground for excluding	109342
evidence regarding the injuries or physical neglect of a person	109343
with mental retardation or a developmental disability or the cause	109344
thereof in any judicial proceeding resulting from a report	109345
submitted pursuant to this section.	109346

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	109347
(E), and (F) of this section, the chief medical officer shall	109348
provide all information, including expected physical and medical	109349
consequences, necessary to enable any resident of an institution	109350
for the mentally retarded to give a fully informed, intelligent,	109351
and knowing consent if any of the following procedures are	109352
proposed:	109353

(1) Surgery;

109354

(2) Convulsive therapy;

109355

(3) Major aversive interventions;

109356

(4) Sterilization;

109357

(5) Experimental procedures;

109358

(6) Any unusual or hazardous treatment procedures.

109359

(B) No resident shall be subjected to any of the procedures	109360
listed in division (A)(4), (5), or (6) of this section without the	109361
resident's informed consent.	109362

(C) If a resident is physically or mentally unable to receive	109363
the information required for surgery under division (A)(1) of this	109364
section, or has been adjudicated incompetent, the information may	109365
be provided to the resident's natural or court-appointed guardian,	109366
including an agency providing guardianship services under contract	109367
with the department of developmental disabilities under sections	109368
5123.55 to 5123.59 of the Revised Code, who may give the informed,	109369
intelligent, and knowing written consent for surgery. Consent for	109370
surgery shall not be provided by a guardian who is an officer or	109371
employee of the department of ~~mental health~~mental health and	109372
addiction services or the department of developmental	109373
disabilities.	109374

If a resident is physically or mentally unable to receive the	109375
information required for surgery under division (A)(1) of this	109376
section and has no guardian, then the information, the	109377
recommendation of the chief medical officer, and the concurring	109378
judgment of a licensed physician who is not a full-time employee	109379
of the state may be provided to the court in the county in which	109380
the institution is located, which may approve the surgery. Before	109381
approving the surgery, the court shall notify the Ohio protection	109382
and advocacy system created by section 5123.60 of the Revised	109383
Code, and shall notify the resident of the resident's rights to	109384
consult with counsel, to have counsel appointed by the court if	109385
the resident is indigent, and to contest the recommendation of the	109386
chief medical officer.	109387

(D) If, in the judgment of two licensed physicians, delay in	109388
obtaining consent for surgery would create a grave danger to the	109389
health of a resident, emergency surgery may be performed without	109390
the consent of the resident if the necessary information is	109391
provided to the resident's guardian, including an agency providing	109392
guardianship services under contract with the department of	109393
developmental disabilities under sections 5123.55 to 5123.59 of	109394
the Revised Code, or to the resident's spouse or next of kin to	109395
enable that person or agency to give an informed, intelligent, and	109396
knowing written consent.	109397

If the guardian, spouse, or next of kin cannot be contacted	109398
through exercise of reasonable diligence, or if the guardian,	109399
spouse, or next of kin is contacted, but refuses to consent, then	109400
the emergency surgery may be performed upon the written	109401
authorization of the chief medical officer and after court	109402
approval has been obtained. However, if delay in obtaining court	109403
approval would create a grave danger to the life of the resident,	109404
the chief medical officer may authorize surgery, in writing,	109405
without court approval. If the surgery is authorized without court	109406
approval, the chief medical officer who made the authorization and	109407
the physician who performed the surgery shall each execute an	109408
affidavit describing the circumstances constituting the emergency	109409
and warranting the surgery and the circumstances warranting their	109410
not obtaining prior court approval. The affidavit shall be filed	109411
with the court with which the request for prior approval would	109412
have been filed within five court days after the surgery, and a	109413
copy of the affidavit shall be placed in the resident's file and	109414
shall be given to the guardian, spouse, or next of kin of the	109415
resident, to the hospital at which the surgery was performed, and	109416
to the Ohio protection and advocacy system created by section	109417
5123.60 of the Revised Code.	109418

(E)(1) If it is the judgment of two licensed physicians, as	109419
described in division (E)(2) of this section, that a medical	109420
emergency exists and delay in obtaining convulsive therapy creates	109421
a grave danger to the life of a resident who is both mentally	109422
retarded and mentally ill, convulsive therapy may be administered	109423
without the consent of the resident if the resident is physically	109424
or mentally unable to receive the information required for	109425
convulsive therapy and if the necessary information is provided to	109426
the resident's natural or court-appointed guardian, including an	109427
agency providing guardianship services under contract with the	109428
department of developmental disabilities under sections 5123.55 to	109429
5123.59 of the Revised Code, or to the resident's spouse or next	109430
of kin to enable that person or agency to give an informed,	109431
intelligent, and knowing written consent. If neither the	109432
resident's guardian, spouse, nor next of kin can be contacted	109433
through exercise of reasonable diligence, or if the guardian,	109434
spouse, or next of kin is contacted, but refuses to consent, then	109435
convulsive therapy may be performed upon the written authorization	109436
of the chief medical officer and after court approval has been	109437
obtained.	109438

(2) The two licensed physicians referred to in division	109439
(E)(1) of this section shall not be associated with each other in	109440
the practice of medicine or surgery by means of a partnership or	109441
corporate arrangement, other business arrangement, or employment.	109442
At least one of the physicians shall be a psychiatrist as defined	109443
in division (E) of section 5122.01 of the Revised Code.	109444

(F) Major aversive interventions shall not be used unless a	109445
resident continues to engage in behavior destructive to self or	109446
others after other forms of therapy have been attempted. Major	109447
aversive interventions shall not be applied to a voluntary	109448
resident without the informed, intelligent, and knowing written	109449
consent of the resident or the resident's guardian, including an	109450
agency providing guardianship services under contract with the	109451
department of developmental disabilities under sections 5123.55 to	109452
5123.59 of the Revised Code.	109453

(G)(1) This chapter does not authorize any form of compulsory	109454
medical or psychiatric treatment of any resident who is being	109455
treated by spiritual means through prayer alone in accordance with	109456
a recognized religious method of healing.	109457

(2) For purposes of this section, "convulsive therapy" does	109458
not include defibrillation.	109459

Sec. 5124.01. As used in this chapter:

109460

(A) "Affiliated operator" means an operator affiliated with	109461
either of the following:	109462

(1) The exiting operator for whom the affiliated operator is	109463
to assume liability for the entire amount of the exiting	109464
operator's debt under the medicaid program or the portion of the	109465
debt that represents the franchise permit fee the exiting operator	109466
owes;	109467

(2) The entering operator involved in the change of operator	109468
with the exiting operator specified in division (A)(1) of this	109469
section.	109470

(B) "Allowable costs" means an ICF/IID's costs that the	109471
department of developmental disabilities determines are	109472
reasonable. Fines paid under section 5124.99 of the Revised Code	109473
are not allowable costs.	109474

(C) "Capital costs" means an ICF/IID's costs of ownership and	109475
costs of nonextensive renovation.	109476

(D) "Case-mix score" means the measure determined under	109477
section 5124.192 of the Revised Code of the relative direct-care	109478
resources needed to provide care and habilitation to an ICF/IID	109479
resident.	109480

(E) "Change of operator" means an entering operator becoming	109481
the operator of an ICF/IID in the place of the exiting operator.	109482

(1) Actions that constitute a change of operator include the	109483
following:	109484

(a) A change in an exiting operator's form of legal	109485
organization, including the formation of a partnership or	109486
corporation from a sole proprietorship;	109487

(b) A transfer of all the exiting operator's ownership	109488
interest in the operation of the ICF/IID to the entering operator,	109489
regardless of whether ownership of any or all of the real property	109490
or personal property associated with the ICF/IID is also	109491
transferred;	109492

(c) A lease of the ICF/IID to the entering operator or the	109493
exiting operator's termination of the exiting operator's lease;	109494

(d) If the exiting operator is a partnership, dissolution of	109495
the partnership;	109496

(e) If the exiting operator is a partnership, a change in	109497
composition of the partnership unless both of the following apply:	109498

(i) The change in composition does not cause the	109499
partnership's dissolution under state law.	109500

(ii) The partners agree that the change in composition does	109501
not constitute a change in operator.	109502

(f) If the operator is a corporation, dissolution of the	109503
corporation, a merger of the corporation into another corporation	109504
that is the survivor of the merger, or a consolidation of one or	109505
more other corporations to form a new corporation.	109506

(2) The following, alone, do not constitute a change of	109507
operator:	109508

(a) A contract for an entity to manage an ICF/IID as the	109509
operator's agent, subject to the operator's approval of daily	109510
operating and management decisions;	109511

(b) A change of ownership, lease, or termination of a lease	109512
of real property or personal property associated with an ICF/IID	109513
if an entering operator does not become the operator in place of	109514
an exiting operator;	109515

(c) If the operator is a corporation, a change of one or more	109516
members of the corporation's governing body or transfer of	109517
ownership of one or more shares of the corporation's stock, if the	109518
same corporation continues to be the operator.	109519

(F) "Cost center" means the following:

109520

(1) Capital costs;

109521

(2) Direct care costs;

109522

(3) Indirect care costs;

109523

(4) Other protected costs.

109524

(G) "Costs of nonextensive renovations" means the actual	109525
expense incurred by an ICF/IID for depreciation or amortization	109526
and interest on renovations that are not extensive renovations.	109527

(H)(1) "Costs of ownership" means the actual expenses	109528
incurred by an ICF/IID for all of the following:	109529

(a) Subject to division (H)(2) of this section, depreciation	109530
and interest on any capital assets that cost five hundred dollars	109531
or more per item, including the following:	109532

(i) Buildings;

109533

(ii) Building improvements that are not approved as	109534
nonextensive renovations under section 5124.17 of the Revised	109535
Code;	109536

(iii) Equipment;

109537

(iv) Extensive renovations;

109538

(v) Transportation equipment.

109539

(b) Amortization and interest on land improvements and	109540
leasehold improvements;	109541

109542

(d) Except as provided in division (Z) of this section, lease	109543
and rent of land, building, and equipment.	109544

(2) The costs of capital assets of less than five hundred	109545
dollars per item may be considered costs of ownership in	109546
accordance with an ICF/IID provider's practice.	109547

(I)(1) "Date of licensure" means the following:

109548

(a) In the case of an ICF/IID that was originally licensed as	109549
a nursing home under Chapter 3721. of the Revised Code, the date	109550
that it was originally so licensed, regardless that it was	109551
subsequently licensed as a residential facility under section	109552
5123.19 of the Revised Code;	109553

(b) In the case of an ICF/IID that was originally licensed as	109554
a residential facility under section 5123.19 of the Revised Code,	109555
the date it was originally so licensed;	109556

(c) In the case of an ICF/IID that was not required by law to	109557
be licensed as a nursing home or residential facility when it was	109558
originally operated as a residential facility, the date it first	109559
was operated as a residential facility, regardless of the date the	109560
ICF/IID was first licensed as a nursing home or residential	109561
facility.	109562

(2) If, after an ICF/IID's original date of licensure, more	109563
residential facility beds are added to the ICF/IID or all or part	109564
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	109565
a different date of licensure for the additional beds or	109566
extensively renovated portion of the ICF/IID. This does not apply,	109567
however, to additional beds when both of the following apply:	109568

(a) The additional beds are located in a part of the ICF/IID	109569
that was constructed at the same time as the continuing beds	109570
already located in that part of the ICF/IID;	109571

(b) The part of the ICF/IID in which the additional beds are	109572
located was constructed as part of the ICF/IID at a time when the	109573
ICF/IID was not required by law to be licensed as a nursing home	109574
or residential facility.	109575

(3) The definition of "date of licensure" in this section	109576
applies in determinations of ICFs/IID's medicaid payment rates but	109577
does not apply in determinations of ICFs/IID's franchise permit	109578
fees under sections 5168.60 to 5168.71 of the Revised Code.	109579

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	109580
on a cost report filed under section 5124.10 or 5124.101 of the	109581
Revised Code have been subjected to a desk review under section	109582
5124.108 of the Revised Code and preliminarily determined to be	109583
allowable costs.	109584

(K) "Developmental center" means a residential facility that	109585
is maintained and operated by the department of developmental	109586
disabilities.	109587

(L) "Direct care costs" means all of the following costs	109588
incurred by an ICF/IID:	109589

(1) Costs for registered nurses, licensed practical nurses,	109590
and nurse aides employed by the ICF/IID;	109591

(2) Costs for direct care staff, administrative nursing	109592
staff, medical directors, respiratory therapists, physical	109593
therapists, physical therapy assistants, occupational therapists,	109594
occupational therapy assistants, speech therapists, audiologists,	109595
habilitation staff (including habilitation supervisors), qualified	109596
intellectual disability professionals, program directors, social	109597
services staff, activities staff, off-site day programming,	109598
psychologists, psychology assistants, social workers, counselors,	109599
and other persons holding degrees qualifying them to provide	109600
therapy;	109601

(3) Costs of purchased nursing services;

109602

(4) Costs of training and staff development, employee	109603
benefits, payroll taxes, and workers' compensation premiums or	109604
costs for self-insurance claims and related costs as specified in	109605
rules adopted under section 5124.03 of the Revised Code, for	109606
personnel listed in divisions (L)(1), (2), and (3) of this	109607
section;	109608

(5) Costs of quality assurance;

109609

(6) Costs of consulting and management fees related to direct	109610
care;	109611

(7) Allocated direct care home office costs;

109612

(8) Costs of other direct-care resources that are specified	109613
as direct care costs in rules adopted under section 5124.03 of the	109614
Revised Code.	109615

(M) "Downsized ICF/IID" means an ICF/IID that permanently	109616
reduced its medicaid-certified capacity pursuant to a plan	109617
approved by the department of developmental disabilities under	109618
section 5123.042 of the Revised Code.	109619

(N) "Effective date of a change of operator" means the day	109620
the entering operator becomes the operator of the ICF/IID.	109621

(O) "Effective date of a facility closure" means the last day	109622
that the last of the residents of the ICF/IID resides in the	109623
ICF/IID.	109624

(P) "Effective date of an involuntary termination" means the	109625
date the department of medicaid terminates the operator's provider	109626
agreement for the ICF/IID or the last day that such a provider	109627
agreement is in effect when the department cancels or refuses to	109628
revalidate it.	109629

(Q) "Effective date of a voluntary termination" means the day	109630
the ICF/IID ceases to accept medicaid recipients.	109631

(R) "Entering operator" means the person or government entity	109632
that will become the operator of an ICF/IID when a change of	109633
operator occurs or following an involuntary termination.	109634

(S) "Exiting operator" means any of the following:

109635

(1) An operator that will cease to be the operator of an	109636
ICF/IID on the effective date of a change of operator;	109637

(2) An operator that will cease to be the operator of an	109638
ICF/IID on the effective date of a facility closure;	109639

(3) An operator of an ICF/IID that is undergoing or has	109640
undergone a voluntary termination;	109641

(4) An operator of an ICF/IID that is undergoing or has	109642
undergone an involuntary termination.	109643

(T)(1) "Extensive renovation" means the following:

109644

(a) An ICF/IID's betterment, improvement, or restoration to	109645
which both of the following apply:	109646

(i) It was started before July 1, 1993;

109647

(ii) It meets the definition of "extensive renovation"	109648
established in rules that were adopted by the director of job and	109649
family services and in effect on December 22, 1992.	109650

(b) An ICF/IID's betterment, improvement, or restoration to	109651
which all of the following apply:	109652

(i) It was started on or after July 1, 1993;

109653

(ii) Except as provided in division (T)(2) of this section,	109654
it costs more than sixty-five per cent and not more than	109655
eighty-five per cent of the cost of constructing a new bed;	109656

(iii) It extends the useful life of the assets for at least	109657
ten years.	109658

(2) The department of developmental disabilities may treat a	109659
renovation that costs more than eighty-five per cent of the cost	109660
of constructing new beds as an extensive renovation if the	109661
department determines that the renovation is more prudent than	109662
construction of new beds.	109663

(3) For the purpose of division (T)(1)(b)(ii) of this	109664
section, the cost of constructing a new bed shall be considered to	109665
be forty thousand dollars, adjusted for the estimated rate of	109666
inflation from January 1, 1993, to the end of the calendar year	109667
during which the extensive renovation is completed, using the	109668
consumer price index for shelter costs for all urban consumers for	109669
the north central region, as published by the United States bureau	109670
of labor statistics.	109671

(U)(1) Subject to divisions (U)(2) and (3) of this section,	109672
"facility closure" means either of the following:	109673

(a) Discontinuance of the use of the building, or part of the	109674
building, that houses the facility as an ICF/IID that results in	109675
the relocation of all of the facility's residents;	109676

(b) Conversion of the building, or part of the building, that	109677
houses an ICF/IID to a different use with any necessary license or	109678
other approval needed for that use being obtained and one or more	109679
of the facility's residents remaining in the facility to receive	109680
services under the new use.	109681

(2) A facility closure occurs regardless of any of the	109682
following:	109683

(a) The operator completely or partially replacing the	109684
ICF/IID by constructing a new ICF/IID or transferring the	109685
ICF/IID's license to another ICF/IID;	109686

(b) The ICF/IID's residents relocating to another of the	109687
operator's ICFs/IID;	109688

(c) Any action the department of health takes regarding the	109689
ICF/IID's medicaid certification that may result in the transfer	109690
of part of the ICF/IID's survey findings to another of the	109691
operator's ICFs/IID;	109692

(d) Any action the department of developmental disabilities	109693
takes regarding the ICF/IID's license under section 5123.19 of the	109694
Revised Code.	109695

(3) A facility closure does not occur if all of the ICF/IID's	109696
residents are relocated due to an emergency evacuation and one or	109697
more of the residents return to a medicaid-certified bed in the	109698
ICF/IID not later than thirty days after the evacuation occurs.	109699

(V) "Fiscal year" means the fiscal year of this state, as	109700
specified in section 9.34 of the Revised Code.	109701

(W) "Franchise permit fee" means the fee imposed by sections	109702
5168.60 to 5168.71 of the Revised Code.	109703

(X) "Home and community-based services" has the same meaning	109704
as in section 5123.01 of the Revised Code.	109705

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	109706
440.150.	109707

(Z)(1) "Indirect care costs" means all reasonable costs	109708
incurred by an ICF/IID other than capital costs, direct care	109709
costs, and other protected costs. "Indirect care costs" includes	109710
costs of habilitation supplies, pharmacy consultants, medical and	109711
habilitation records, program supplies, incontinence supplies,	109712
food, enterals, dietary supplies and personnel, laundry,	109713
housekeeping, security, administration, liability insurance,	109714
bookkeeping, purchasing department, human resources,	109715
communications, travel, dues, license fees, subscriptions, home	109716
office costs not otherwise allocated, legal services, accounting	109717
services, minor equipment, maintenance and repair expenses,	109718
help-wanted advertising, informational advertising, start-up	109719
costs, organizational expenses, other interest, property	109720
insurance, employee training and staff development, employee	109721
benefits, payroll taxes, and workers' compensation premiums or	109722
costs for self-insurance claims and related costs, as specified in	109723
rules adopted under section 5124.03of the Revised Code, for	109724
personnel listed in this division. Notwithstanding division (H) of	109725
this section, "indirect care costs" also means the cost of	109726
equipment, including vehicles, acquired by operating lease	109727
executed before December 1, 1992, if the costs are reported as	109728
administrative and general costs on the ICF/IID's cost report for	109729
the cost reporting period ending December 31, 1992.	109730

(2) For the purpose of division (Z)(1) of this section, an	109731
operating lease shall be construed in accordance with generally	109732
accepted accounting principles.	109733

(AA) "Inpatient days" means both of the following:

109734

(1) All days during which a resident, regardless of payment	109735
source, occupies a bed in an ICF/IID that is included in the	109736
ICF/IID's medicaid-certified capacity;	109737

(2) All days for which payment is made under section 5124.34	109738
of the Revised Code.	109739

(BB) "Intermediate care facility for individuals with	109740
disabilities" and "ICF/IID" mean an intermediate care facility for	109741
the mentally retarded as defined in the "Social Security Act,"	109742
section 1905(d), 42 U.S.C. 1396d(d).	109743

(CC) "Involuntary termination" means the department of	109744
medicaid's termination of, cancellation of, or refusal to	109745
revalidate the operator's provider agreement for the ICF/IID when	109746
such action is not taken at the operator's request.	109747

(DD) "Maintenance and repair expenses" means, except as	109748
provided in division (TT)(2)(b) of this section, expenditures that	109749
are necessary and proper to maintain an asset in a normally	109750
efficient working condition and that do not extend the useful life	109751
of the asset two years or more. "Maintenance and repair expenses"	109752
includes the costs of ordinary repairs such as painting and	109753
wallpapering.	109754

(EE) "Medicaid-certified capacity" means the number of an	109755
ICF/IID's beds that are certified for participation in medicaid as	109756
ICF/IID beds.	109757

(FF) "Medicaid days" means both of the following:

109758

(1) All days during which a resident who is a medicaid	109759
recipient eligible for ICF/IID services occupies a bed in an	109760
ICF/IID that is included in the ICF/IID's medicaid-certified	109761
capacity;	109762

(2) All days for which payment is made under section 5124.34	109763
of the Revised Code.	109764

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	109765
obtains an initial provider agreement following the director of	109766
health's medicaid certification of the ICF/IID, including such an	109767
ICF/IID that replaces one or more ICFs/IID for which a provider	109768
previously held a provider agreement.	109769

(2) "New ICF/IID" does not mean either of the following:

109770

(a) An ICF/IID for which the entering operator seeks a	109771
provider agreement pursuant to section 5124.511 or 5124.512 or	109772
(pursuant to section 5124.515) section 5124.07 of the Revised	109773
Code;	109774

(b) A downsized ICF/IID or partially converted ICF/IID.

109775

(HH) "Nursing home" has the same meaning as in section	109776
3721.01 of the Revised Code.	109777

(II) "Operator" means the person or government entity	109778
responsible for the daily operating and management decisions for	109779
an ICF/IID.	109780

(JJ) "Other protected costs" means costs incurred by an	109781
ICF/MR for medical supplies; real estate, franchise, and property	109782
taxes; natural gas, fuel oil, water, electricity, sewage, and	109783
refuse and hazardous medical waste collection; allocated other	109784
protected home office costs; and any additional costs defined as	109785
other protected costs in rules adopted under section 5124.03 of	109786
the Revised Code.	109787

(KK)(1) "Owner" means any person or government entity that	109788
has at least five per cent ownership or interest, either directly,	109789
indirectly, or in any combination, in any of the following	109790
regarding an ICF/IID:	109791

(a) The land on which the ICF/IID is located;

109792

(b) The structure in which the ICF/IID is located;

109793

(c) Any mortgage, contract for deed, or other obligation	109794
secured in whole or in part by the land or structure on or in	109795
which the ICF/IID is located;	109796

(d) Any lease or sublease of the land or structure on or in	109797
which the ICF/IID is located.	109798

(2) "Owner" does not mean a holder of a debenture or bond	109799
related to an ICF/IID and purchased at public issue or a regulated	109800
lender that has made a loan related to the ICF/IID unless the	109801
holder or lender operates the ICF/IID directly or through a	109802
subsidiary.	109803

(LL) "Partially converted ICF/IID" means an ICF/IID that	109804
converted some, but not all, of its beds to providing home and	109805
community-based services under the individual options waiver	109806
pursuant to section 5124.60 or 5124.61 of the Revised Code.	109807

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	109808
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	109809
allowable costs in a given cost center in a cost reporting period,	109810
divided by the facility's inpatient days for that cost reporting	109811
period.	109812

(2) When determining capital costs for the purpose of section	109813
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	109814
allowable capital costs in a cost-reporting period divided by the	109815
greater of the facility's inpatient days for that period or the	109816
number of inpatient days the ICF/IID would have had during that	109817
period if its occupancy rate had been ninety-five per cent.	109818

(3) When determining indirect care costs for the purpose of	109819
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	109820
actual, allowable indirect care costs in a cost-reporting period	109821
divided by the greater of the ICF/IID's inpatient days for that	109822
period or the number of inpatient days the ICF/IID would have had	109823
during that period if its occupancy rate had been eighty-five per	109824
cent.	109825

(NN) "Provider" means an operator with a valid provider	109826
agreement.	109827

(OO) "Provider agreement" means a provider agreement, as	109828
defined in section 5164.01 of the Revised Code, that is between	109829
the department of medicaid and the operator of an ICF/IID for the	109830
provision of ICF/IID services under the medicaid program.	109831

(PP) "Purchased nursing services" means services that are	109832
provided in an ICF/IID by registered nurses, licensed practical	109833
nurses, or nurse aides who are not employees of the ICF/IID.	109834

(QQ) "Reasonable" means that a cost is an actual cost that is	109835
appropriate and helpful to develop and maintain the operation of	109836
resident care facilities and activities, including normal standby	109837
costs, and that does not exceed what a prudent buyer pays for a	109838
given item or services. Reasonable costs may vary from provider to	109839
provider and from time to time for the same provider.	109840

(RR) "Related party" means an individual or organization	109841
that, to a significant extent, has common ownership with, is	109842
associated or affiliated with, has control of, or is controlled	109843
by, a provider.	109844

(1) An individual who is a relative of an owner is a related	109845
party.	109846

(2) Common ownership exists when an individual or individuals	109847
possess significant ownership or equity in both the provider and	109848
the other organization. Significant ownership or equity exists	109849
when an individual or individuals possess five per cent ownership	109850
or equity in both the provider and a supplier. Significant	109851
ownership or equity is presumed to exist when an individual or	109852
individuals possess ten per cent ownership or equity in both the	109853
provider and another organization from which the provider	109854
purchases or leases real property.	109855

(3) Control exists when an individual or organization has the	109856
power, directly or indirectly, to significantly influence or	109857
direct the actions or policies of an organization.	109858

(4) An individual or organization that supplies goods or	109859
services to a provider shall not be considered a related party if	109860
all of the following conditions are met:	109861

(a) The supplier is a separate bona fide organization.

109862

(b) A substantial part of the supplier's business activity of	109863
the type carried on with the provider is transacted with others	109864
than the provider and there is an open, competitive market for the	109865
types of goods or services the supplier furnishes.	109866

(c) The types of goods or services are commonly obtained by	109867
other ICFs/IID from outside organizations and are not a basic	109868
element of resident care ordinarily furnished directly to	109869
residents by the ICFs/IID.	109870

(d) The charge to the provider is in line with the charge for	109871
the goods or services in the open market and no more than the	109872
charge made under comparable circumstances to others by the	109873
supplier.	109874

(SS) "Relative of owner" means an individual who is related	109875
to an owner of an ICF/IID by one of the following relationships:	109876

(1) Spouse;

109877

(2) Natural parent, child, or sibling;

109878

(3) Adopted parent, child, or sibling;

109879

(4) Stepparent, stepchild, stepbrother, or stepsister;

109880

(5) Father-in-law, mother-in-law, son-in-law,	109881
daughter-in-law, brother-in-law, or sister-in-law;	109882

(6) Grandparent or grandchild;

109883

(7) Foster caregiver, foster child, foster brother, or foster	109884
sister.	109885

(TT)(1) "Renovation" means the following:

109886

(a) An ICF/IID's betterment, improvement, or restoration to	109887
which both of the following apply:	109888

(i) It was started before July 1, 1993;

109889

(ii) It meets the definition of "renovation" established in	109890
rules that were adopted by the director of job and family services	109891
and in effect on December 22, 1992.	109892

(b) An ICF/IID's betterment, improvement, or restoration to	109893
which both of the following apply:	109894

(i) It was started on or after July 1, 1993;

109895

(ii) It betters, improves, or restores the ICF/IID beyond its	109896
current functional capacity through a structural change that costs	109897
at least five hundred dollars per bed.	109898

(2) A renovation started on or after July 1, 1993, may	109899
include both of the following:	109900

(a) A betterment, improvement, restoration, or replacement of	109901
assets that are affixed to a building and have a useful life of at	109902
least five years;	109903

(b) Costs that otherwise would be considered maintenance and	109904
repair expenses if they are an integral part of the structural	109905
change that makes up the renovation project.	109906

(3) "Renovation" does not mean construction of additional	109907
space for beds that will be added to an ICF/IID's licensed	109908
capacity or medicaid-certified capacity.	109909

(UU) "Residential facility" has the same meaning as in	109910
section 5123.19 of the Revised Code.	109911

(VV) "Sponsor" means an adult relative, friend, or guardian	109912
of an ICF/IID resident who has an interest or responsibility in	109913
the resident's welfare.	109914

(WW) "Title XIX" means Title XIX of the "Social Security	109915
Act," 42 U.S.C. 1396, et seq.	109916

(XX) "Title XVIII" means Title XVIII of the "Social Security	109917
Act," 42 U.S.C. 1395, et seq.	109918

(YY) "Voluntary termination" means an operator's voluntary	109919
election to terminate the participation of an ICF/IID in the	109920
medicaid program but to continue to provide service of the type	109921
provided by a residential facility as defined in section 5123.19	109922
of the Revised Code.	109923

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	109924
~~of the United States secretary of health and human services, the~~	109925
The department of ~~job and family services~~medicaid shall enter	109926
into a contract with the department of developmental disabilities	109927
under section ~~5111.91~~5162.35 of the Revised Code that provides	109928
for the department of developmental disabilities to assume the	109929
powers and duties of the department of ~~job and family services~~	109930
medicaid with regard to the medicaid program's coverage of	109931
ICF/IID services ~~provided by intermediate care facilities for the~~	109932
~~mentally retarded~~. The contract shall include a schedule for the	109933
assumption of the powers and duties. The contract may provide for	109934
the department of medicaid to perform one or more duties of the	109935
department of developmental disabilities under sections 5124.50 to	109936
5124.53 of the Revised Code. Except as otherwise authorized by the	109937
United States secretary of health and human services, no provision	109938
of the contract may violate a federal law or regulation governing	109939
the medicaid program. ~~Once the contract goes into effect, all~~	109940
~~references to the department of job and family services, and all~~	109941
~~references to the director of job and family services, with regard~~	109942
~~to intermediate care facilities for the mentally retarded that are~~	109943
~~in law enacted by the general assembly shall be deemed to be~~	109944
~~references to the department of developmental disabilities and~~	109945
~~director of developmental disabilities, respectively, to the~~	109946
~~extent necessary to implement the terms of the contract.~~	109947

Sec. 5124.03. To the extent authorized by rules authorized	109948
by section 5162.021 of the Revised Code, the director of	109949
developmental disabilities shall adopt rules in accordance with	109950
Chapter 119. of the Revised Code as necessary to implement this	109951
chapter.	109952

Sec. 5124.05. The medicaid program shall cover ICF/IID	109953
services when all of the following apply:	109954

(A) The ICF/IID services are provided to a medicaid recipient	109955
eligible for the services.	109956

(B) The ICF/IID services are provided by an ICF/IID for which	109957
the provider has a valid provider agreement.	109958

(C) Federal financial participation is available for the	109959
ICF/IID services.	109960

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	109961
Code, an ICF/IID operator is eligible to enter into a provider	109962
agreement for an ICF/IID if all of the following apply:	109963

(1) The ICF/IID is certified by the director of health for	109964
participation in medicaid;	109965

(2) The ICF/IID is licensed by the director of developmental	109966
disabilities as a residential facility;	109967

(3) Subject to division (B) of this section, the operator and	109968
ICF/IID comply with all applicable state and federal statutes and	109969
rules.	109970

(B) A state rule that requires an ICF/IID operator to have	109971
received approval of a plan for the proposed ICF/IID pursuant to	109972
section 5123.042 of the Revised Code as a condition of the	109973
operator being eligible to receive medicaid payments for ICF/IID	109974
services the ICF/IID provides does not apply if, under former	109975
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	109976
of the 128th general assembly or section 5123.197 of the Revised	109977
Code, a residential facility license was obtained or modified for	109978
the ICF/IID without obtaining approval of such a plan.	109979

Sec. 5124.07. (A) Except as provided in section 5124.072 of	109980
the Revised Code, the department of medicaid shall enter into a	109981
provider agreement with an ICF/IID operator who applies, and is	109982
eligible, for the provider agreement.	109983

(B) A provider agreement shall require the department of	109984
developmental disabilities, pursuant to its agreement with the	109985
department of medicaid under section 5124.02 of the Revised Code,	109986
to make medicaid payments to the provider in accordance with this	109987
chapter for ICF/IID services the ICF/IID provides to its residents	109988
who are medicaid recipients eligible for ICF/IID services.	109989

(C) A provider agreement shall require the provider to do all	109990
of the following:	109991

(1) Maintain eligibility for the provider agreement as	109992
provided in section 5124.06 of the Revised Code;	109993

(2) Keep records relating to a cost reporting period for the	109994
greater of seven years after the cost report is filed or, if the	109995
department of developmental disabilities issues an audit report in	109996
accordance with section 5124.109 of the Revised Code, six years	109997
after all appeal rights relating to the audit report are	109998
exhausted;	109999

(3) File reports as the department of developmental	110000
disabilities requires;	110001

(4) Open all records relating to the costs of the ICF/IID's	110002
services for inspection and audit by the department of	110003
developmental disabilities;	110004

(5) Open its premises for inspection by the department of	110005
developmental disabilities, department of health, and any other	110006
state or local authority having authority to inspect;	110007

(6) Supply to the department of developmental disabilities	110008
such information as it requires concerning the ICF/IID's services	110009
to residents who are, or are eligible to be, medicaid recipients;	110010

(7) Comply with section 5124.08 of the Revised Code.

110011

(D) A provider agreement may contain other provisions that	110012
are consistent with law and considered necessary by the department	110013
of medicaid or the department of developmental disabilities.	110014

Sec. 5124.071. An ICF/IID operator may enter into provider	110015
agreements for more than one ICF/IID.	110016

Sec. 5124.072. The department of medicaid shall not	110017
revalidate an ICF/IID provider agreement if the provider fails to	110018
maintain eligibility for the provider agreement as provided in	110019
section 5124.06 of the Revised Code.	110020

Sec. 5124.08. (A) Every provider agreement with an ICF/IID	110021
provider shall do both of the following:	110022

(1) Except as provided by division (B) of this section,	110023
include any part of the ICF/IID that meets federal and state	110024
standards for medicaid certification;	110025

(2) Prohibit the provider from doing either of the following:

110026

(a) Discriminating against a resident on the basis of race,	110027
color, sex, creed, or national origin;	110028

(b) Subject to division (D) of this section, failing or	110029
refusing to do either of the following:	110030

(i) Admit as a resident of the ICF/IID an individual because	110031
the individual is, or may (as a resident of the ICF/IID) become, a	110032
medicaid recipient if less than eighty per cent of the ICF/IID's	110033
residents are medicaid recipients;	110034

(ii) Retain as a resident of the ICF/IID an individual	110035
because the individual is, or may (as a resident of the ICF/IID)	110036
become, a medicaid recipient.	110037

(B) Unless otherwise required by federal law, an ICF/IID bed	110038
is not required to be included in a provider agreement if the bed	110039
is designated for respite care under a medicaid waiver component	110040
operated pursuant to a waiver sought under section 5166.20 of the	110041
Revised Code.	110042

(C) For the purpose of division (A)(2)(b)(ii) of this	110043
section, a medicaid recipient who is a resident of an ICF/IID	110044
shall be considered a resident of the ICF/IID during any hospital	110045
stays totaling less than twenty-five days during any twelve-month	110046
period. A medicaid recipient identified by the department of	110047
developmental disabilities or its designee as requiring the level	110048
of care of an ICF/IID shall not be subject to a maximum period of	110049
absences during which the recipient is considered to be an ICF/IID	110050
resident if prior authorization of the department for visits with	110051
relatives and friends and participation in therapeutic programs is	110052
obtained in accordance with rules adopted under section 5124.03 of	110053
the Revised Code.	110054

(D) Nothing in this section shall bar a provider from doing	110055
any of the following:	110056

(1) If the provider is a religious organization operating a	110057
religious or denominational ICF/IID, giving preference to persons	110058
of the same religion or denomination;	110059

(2) Giving preference to persons with whom the provider has	110060
contracted to provide continuing care;	110061

(3) Retaining residents who have resided in the provider's	110062
ICF/IID for not less than one year as private pay residents and	110063
who subsequently become medicaid recipients but refusing to admit	110064
as a resident an individual who is, or may (as a resident of the	110065
ICF/IID) become, a medicaid recipient, if all of the following	110066
apply:	110067

(a) The provider does not refuse to retain a resident who has	110068
resided in the provider's ICF/IID for not less than one year as a	110069
private pay resident because the resident becomes a medicaid	110070
recipient, except as necessary to comply with division (D)(3)(b)	110071
of this section.	110072

(b) The number of medicaid recipients retained under division	110073
(D)(3) of this section does not at any time exceed ten per cent of	110074
all the ICF/IID's residents.	110075

(c) On July 1, 1980, all the ICF/IID's residents were private	110076
pay residents.	110077

(E) No provider shall violate the provider agreement	110078
obligations imposed by this section.	110079

Sec. 5124.081. An ICF/IID resident has a cause of action	110080
against the provider of the ICF/IID for breach of the provider	110081
agreement obligations or other duties imposed by section 5124.08	110082
of the Revised Code. The action may be commenced by the resident,	110083
or on the resident's behalf by the resident's sponsor, by the	110084
filing of a civil action in the court of common pleas of the	110085
county in which the ICF/IID is located or in the court of common	110086
pleas of Franklin county.	110087

If a court of common pleas finds that a provider has breached	110088
a provider agreement obligation or other duty imposed by section	110089
5124.08 of the Revised Code, the court may do one or more of the	110090
following:	110091

(A) Enjoin the provider from engaging in the practice;

110092

(B) Order such affirmative relief as may be necessary;

110093

(C) Award to a resident and a sponsor that brings the action	110094
on behalf of a resident actual damages, costs, and reasonable	110095
attorney's fees.	110096

Sec. 5124.10. (A) Except as provided in division (D) of this	110097
section and division (E)(2) of section 5124.101 of the Revised	110098
Code, each ICF/IID provider shall file with the department of	110099
developmental disabilities an annual cost report for each of the	110100
provider's ICFs/IID for which the provider has a valid provider	110101
agreement. The cost report for a year shall cover the calendar	110102
year or portion of the calendar year during which the ICF/IID	110103
participated in the medicaid program. Except as provided in	110104
division (E) of this section, the cost report is due not later	110105
than ninety days after the end of the calendar year, or portion of	110106
the calendar year, that the cost report covers.	110107

(B)(1) If an ICF/IID undergoes a change of provider that the	110108
department determines, in accordance with rules adopted under	110109
section 5124.03 of the Revised Code, is not an arms length	110110
transaction, the new provider shall file the ICF/IID's cost report	110111
in accordance with division (A) of this section and the cost	110112
report shall cover the portion of the calendar year during which	110113
the new provider operated the ICF/IID and the portion of the	110114
calendar year during which the previous provider operated the	110115
ICF/IID.	110116

(2) If an ICF/IID undergoes a change of provider that the	110117
department determines, in accordance with rules adopted under	110118
section 5124.03 of the Revised Code, is an arms length	110119
transaction, the new provider shall file with the department a	110120
cost report for the ICF/IID not later than, except as provided in	110121
division (E) of this section, ninety days after the end of the	110122
ICF/IID's first three full calendar months of operation under the	110123
new provider. The cost report shall cover the period that begins	110124
with the ICF/IID's first day of operation under the new provider	110125
and ends on the first day of the month immediately following the	110126
first three full months of operation under the new provider.	110127

(C) If the medicaid payment rate for a new ICF/IID was most	110128
recently determined in accordance with section 5124.151 of the	110129
Revised Code, the provider shall file with the department a cost	110130
report for the new ICF/IID not later than, except as provided in	110131
division (E) of this section, ninety days after the end of the new	110132
ICF/IID's first three full calendar months of operation. The cost	110133
report shall cover the period that begins with the ICF/IID's first	110134
day of operation and ends on the first day of the month	110135
immediately following the first three full months of operation.	110136

(D) An ICF/IID provider is not required to file a cost report	110137
for an ICF/IID for a calendar year in accordance with division (A)	110138
of this section if the provider files a cost report for the	110139
ICF/IID under division (B)(2) or (C) of this section and that cost	110140
report covers a period that begins after the first day of October	110141
of that calendar year. The provider shall file a cost report for	110142
the ICF/IID in accordance with division (A) of this section for	110143
the immediately following calendar year.	110144

(E) The department may grant to a provider a fourteen-day	110145
extension to file a cost report under this section or section	110146
5124.101 of the Revised Code if the provider provides the	110147
department a written request for the extension and the department	110148
determines that there is good cause for the extension.	110149

Sec. 5124.101. (A) The provider of an ICF/IID that becomes a	110150
downsized ICF/IID or partially converted ICF/IID or is a new	110151
ICF/IID on or after July 1, 2013, may file with the department of	110152
developmental disabilities a cost report covering the period	110153
specified in division (B) of this section if the following applies	110154
to the ICF/IID:	110155

(1) In the case of an ICF/IID that becomes a downsized	110156
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	110157
the following on the day it becomes a downsized ICF/IID or	110158
partially converted ICF/IID:	110159

(a) A medicaid-certified capacity that is at least ten per	110160
cent less than its medicaid-certified capacity on the day	110161
immediately preceding the day it becomes a downsized ICF/IID or	110162
partially converted ICF/IID;	110163

(b) At least five fewer beds certified as ICF/IID beds than	110164
it has on the day immediately preceding the day it becomes a	110165
downsized ICF/IID or partially converted ICF/IID.	110166

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	110167
a downsized ICF/IID and the downsized ICF/IID has either of the	110168
following on the day it becomes a downsized ICF/IID:	110169

(a) A medicaid-certified capacity that is at least ten per	110170
cent less than its medicaid-certified capacity on the day	110171
immediately preceding the day it becomes a downsized ICF/IID;	110172

(b) At least five fewer beds certified as ICF/IID beds than	110173
it has on the day immediately preceding the day it becomes a	110174
downsized ICF/IID.	110175

(B) A cost report filed under division (A) of this section	110176
shall cover the period that begins and ends as follows:	110177

(1) In the case of an ICF/IID that becomes a downsized	110178
ICF/IID or partially converted ICF/IID:	110179

(a) The period begins with the day that the ICF/IID becomes a	110180
downsized ICF/IID or partially converted ICF/IID.	110181

(b) The period ends on the last day of the last month of the	110182
first three full months of operation as a downsized ICF/IID or	110183
partially converted ICF/IID.	110184

(2) In the case of a new ICF/IID:

110185

(a) The period begins with the day that the provider	110186
agreement for the ICF/IID takes effect.	110187

(b) The period ends on the last day of the last month of the	110188
first three full months that the provider agreement is in effect.	110189

(C) The department shall refuse to accept a cost report filed	110190
under division (A) of this section if either of the following	110191
apply:	110192

(1) Except as provided in division (E) of section 5124.10 of	110193
the Revised Code, the provider fails to file the cost report with	110194
the department not later than ninety days after the last day of	110195
the period the cost report covers;	110196

(2) The cost report is incomplete or inadequate.

110197

(D) If the department accepts a cost report filed under	110198
division (A) of this section, the department shall use that cost	110199
report, rather than the cost report that otherwise would be used	110200
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	110201
Revised Code, to determine the ICF/IID's medicaid payment rate in	110202
accordance with this chapter for ICF/IID services the ICF/IID	110203
provides during the period that begins and ends as follows:	110204

(1) The period begins on the following:

110205

(a) In the case of an ICF/IID that becomes a downsized	110206
ICF/IID or partially converted ICF/IID:	110207

(i) The day that the ICF/IID becomes a downsized ICF/IID or	110208
partially converted ICF/IID if that day is the first day of a	110209
month;	110210

(ii) The first day of the month immediately following the	110211
month that the ICF/IID becomes a downsized ICF/IID or partially	110212
converted ICF/IID if division (D)(1)(a)(i) of this section does	110213
not apply.	110214

(b) In the case of a new ICF/IID, the day that the ICF/IID's	110215
provider agreement takes effect.	110216

(2) The period ends on the last day of the fiscal year that	110217
immediately precedes the fiscal year for which the ICF/IID begins	110218
to be paid a rate determined using a cost report that division (E)	110219
of this section requires be filed in accordance with division (A)	110220
of section 5124.10 of the Revised Code.	110221

(E)(1) If the department accepts a cost report filed under	110222
division (A) of this section for an ICF/IID that becomes a	110223
downsized ICF/IID or partially converted ICF/IID on or before the	110224
first day of October of a calendar year, or for a new ICF/IID that	110225
has a provider agreement that takes effect on or before that date,	110226
the provider also shall file a cost report for the ICF/IID in	110227
accordance with division (A) of section 5124.10 of the Revised	110228
Code for the portion of that calendar year that the ICF/IID	110229
operated as a downsized ICF/IID or partially converted ICF/IID or,	110230
in the case of a new ICF/IID, for the portion that the provider	110231
agreement was in effect.	110232

(2) If the department accepts a cost report filed under	110233
division (A) of this section for an ICF/IID that becomes a	110234
downsized ICF/IID or partially converted ICF/IID after the first	110235
day of October of a calendar year, or for a new ICF/IID that has a	110236
provider agreement that takes effect on or after that date, the	110237
provider is not required to file a cost report for that calendar	110238
year in accordance with division (A) of section 5124.10 of the	110239
Revised Code. The provider shall file a cost report for the	110240
ICF/IID in accordance with division (A) of section 5124.10 of the	110241
Revised Code for the immediately following calendar year.	110242

Sec. 5124.102. No ICF/IID provider shall report fines paid	110243
under section 5124.99 of the Revised Code in a cost report filed	110244
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	110245

Sec. 5124.103. Cost reports shall be completed using the	110246
form prescribed under section 5124.104 of the Revised Code and in	110247
accordance with the guidelines established under that section.	110248

Sec. 5124.104. The department of developmental disabilities	110249
shall do all of the following:	110250

(A) Prescribe the form to be used for completing a cost	110251
report and a uniform chart of accounts for the purpose of	110252
reporting costs on the form;	110253

(B) Distribute a paper copy of the form, or computer software	110254
for electronic submission of the form, to each provider at least	110255
sixty days before the date the cost report is due;	110256

110257

Sec. 5124.105. The department of developmental disabilities	110258
shall develop an addendum to the cost report form that an ICF/IID	110259
provider may use to set forth costs that the provider believes the	110260
department may dispute. The department may consider such costs in	110261
determining an ICF/IID's medicaid payment rate. If the department	110262
does not consider such costs in determining an ICF/IID's medicaid	110263
payment rate, the provider may seek reconsideration of the	110264
determination in accordance with section 5124.38 of the Revised	110265
Code. If the department subsequently includes such costs in an	110266
ICF/IID's medicaid payment rate, the department shall pay the	110267
provider interest at a reasonable rate established in rules	110268
adopted under section 5124.03 of the Revised Code for the period	110269
that the rate excluded the costs.	110270

Sec. 5124.106. If an ICF/IID provider required by section	110271
5124.10 of the Revised Code to file a cost report for the ICF/IID	110272
fails to file the cost report by the date it is due or the date,	110273
if any, to which the due date is extended pursuant to division (E)	110274
of that section, or files an incomplete or inadequate report for	110275
the ICF/IID under that section, the department of developmental	110276
disabilities shall provide immediate written notice to the	110277
provider that the provider agreement for the ICF/IID will be	110278
terminated in thirty days unless the provider submits a complete	110279
and adequate cost report for the ICF/IID within thirty days.	110280
During the thirty-day termination period or any additional time	110281
allowed for an appeal of the proposed termination of a provider	110282
agreement, the provider shall be paid the ICF/IID's then current	110283
per medicaid day payment rate, minus the dollar amount by which	110284
ICFs/IID's per medicaid day payment rates are reduced during	110285
fiscal year 2013 in accordance with division (A)(2) of section	110286
5111.26 of the Revised Code (renumbered as section 5165.10 of the	110287
Revised Code by H.B. 59 of the 130th general assembly) as that	110288
section existed on the day immediately preceding the effective	110289
date of this section. On the first day of each July, the	110290
department shall adjust the amount of the reduction in effect	110291
during the previous twelve months to reflect the rate of inflation	110292
during the preceding twelve months, as shown in the consumer price	110293
index for all items for all urban consumers for the midwest	110294
region, published by the United States bureau of labor statistics.	110295

Sec. 5124.107. (A) Except as provided in division (B) of	110296
this section and not later than three years after an ICF/IID	110297
provider files a cost report with the department of developmental	110298
disabilities under section 5124.10 or 5124.101 of the Revised	110299
Code, the provider may amend the cost report if the provider	110300
discovers a material error in the cost report or additional	110301
information to be included in the cost report. The department	110302
shall review the amended cost report for accuracy and notify the	110303
provider of its determination.	110304

(B) An ICF/IID provider may not amend a cost report if the	110305
department has notified the provider that an audit of the cost	110306
report or a cost report of the provider for a subsequent cost	110307
reporting period is to be conducted under section 5124.109 of the	110308
Revised Code. The provider may, however, provide the department	110309
information that affects the costs included in the cost report.	110310
Such information may not be provided after the adjudication of the	110311
final settlement of the cost report.	110312

Sec. 5124.108. The department of developmental disabilities	110313
shall conduct a desk review of all cost reports it receives under	110314
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	110315
Based on the desk review, the department shall make a preliminary	110316
determination of whether the reported costs are allowable costs.	110317
The department shall notify each ICF/IID provider of whether any	110318
of the reported costs are preliminarily determined not to be	110319
allowable costs, the medicaid payment rate determined under this	110320
chapter as a result of the determination regarding allowable	110321
costs, and the reasons for the determination and resulting rate.	110322
The department shall allow the provider to verify the calculation	110323
and submit additional information.	110324

Sec. 5124.109. (A) The department of developmental	110325
disabilities may conduct an audit, as defined in rules adopted	110326
under section 5124.03 of the Revised Code, of any cost report	110327
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	110328
Code. The decision whether to conduct an audit and the scope of	110329
the audit, which may be a desk or field audit, may be determined	110330
based on prior performance of the provider, a risk analysis, or	110331
other evidence that gives the department reason to believe that	110332
the provider has reported costs improperly. A desk or field audit	110333
may be performed annually, but is required whenever a provider	110334
does not pass the risk analysis tolerance factors.	110335

(B) Audits shall be conducted by auditors under contract with	110336
the department, auditors working for firms under contract with the	110337
department, or auditors employed by the department.	110338

The department may establish a contract for the auditing of	110339
ICFs/IID by outside firms. Each contract entered into by bidding	110340
shall be effective for one to two years.	110341

(C) The department shall notify a provider of the findings of	110342
an audit of a cost report by issuing an audit report. The	110343
department shall issue the audit report not later than three years	110344
after the earlier of the following:	110345

(1) The date the cost report is filed;

110346

(2) The date a desk or field audit of the cost report or a	110347
cost report for a subsequent cost reporting period is completed.	110348

(D) The department shall prepare a written summary of any	110349
audit disallowance that is made after the effective date of the	110350
rate that is based on the cost. Where the provider is pursuing	110351
judicial or administrative remedies in good faith regarding the	110352
disallowance, the department shall not withhold from the	110353
provider's current payments any amounts the department claims to	110354
be due from the provider pursuant to section 5124.41 of the	110355
Revised Code.	110356

(E)(1) The department shall establish an audit manual and	110357
program for field audits conducted under this section. Each	110358
auditor conducting a field audit under this section shall follow	110359
the audit manual and program, regardless of whether the auditor is	110360
under contract with the department, works for a firm under	110361
contract with the department, or is employed by the department.	110362
The manual and program shall do both of the following:	110363

(a) Require each field audit to be conducted by an auditor to	110364
whom all of the following apply:	110365

(i) During the period of the auditor's contract, firm's	110366
contract, or auditor's employment with the department, the auditor	110367
or firm does not have and is not committed to acquire any direct	110368
or indirect financial interest in the ownership, financing, or	110369
operation of ICFs/IID in this state.	110370

(ii) The auditor does not audit any provider that has been a	110371
client of the auditor or the auditor's firm.	110372

(iii) The auditor is otherwise independent as determined by	110373
the standards of independence included in the government auditing	110374
standards produced by the United States government accountability	110375
office.	110376

(b) Require each auditor conducting a field audit to do all	110377
of the following:	110378

(i) Comply with applicable rules prescribed pursuant to Title	110379
XIX;	110380

(ii) Consider generally accepted auditing standards	110381
prescribed by the American institute of certified public	110382
accountants;	110383

(iii) Include a written summary as to whether the costs	110384
included in the cost report examined during the audit are	110385
allowable and are presented in accordance with state and federal	110386
laws and regulations, and whether, in all material respects,	110387
allowable costs are documented, reasonable, and related to patient	110388
care;	110389

(iv) Complete the audit within the time period specified by	110390
the department;	110391

(v) Provide to the provider complete written interpretations	110392
that explain in detail the application of all relevant contract	110393
provisions, regulations, auditing standards, rate formulae, and	110394
departmental policies, with explanations and examples, that are	110395
sufficient to permit the provider to calculate with reasonable	110396
certainty those costs that are allowable and the rate to which the	110397
provider's ICF/IID is entitled.	110398

(2) For the purpose of division (E)(1)(a)(i) of this section,	110399
employment of a member of an auditor's family by an ICF/IID that	110400
the auditor does not audit does not constitute a direct or	110401
indirect financial interest in the ownership, financing, or	110402
operation of the ICF/IID.	110403

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	110404
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.154 of the Revised Code	110405
and by division (B) of this section, the ~~payments~~total per	110406
medicaid day payment rate that the department of ~~job and family~~	110407
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	110408
an ICF/IID provider ~~of an intermediate care facility for the~~	110409
~~mentally retarded pursuant to a provider agreement~~for ICF/IID	110410
services the provider's ICF/IID provides during a fiscal year	110411
shall equal the sum of all of the following:	110412

(1) The per medicaid day payment rate for capital costs	110413
determined for the ICF/IID under section 5124.17 of the Revised	110414
Code;	110415

(2) The per medicaid day payment rate for direct care costs	110416
determined for the ~~facility~~ICF/IID under section ~~5111.23~~5124.19	110417
of the Revised Code;	110418

~~(2)~~(3) The per medicaid day payment rate for indirect care	110419
costs determined for the ICF/IID under section 5124.21 of the	110420
Revised Code;	110421

(4) The per medicaid day payment rate for other protected	110422
costs determined for the ~~facility~~ICF/IID under section ~~5111.235~~	110423
5124.23 of the Revised Code;	110424

~~(3) The rate for indirect care costs determined for the~~	110425
~~facility under section 5111.241 of the Revised Code;~~	110426

~~(4) The rate for capital costs determined for the facility~~	110427
~~under section 5111.251 of the Revised Code~~.	110428

(B) The department shall adjust the total rate otherwise	110429
determined under division (A) of this section as directed by the	110430
general assembly through the enactment of law governing medicaid	110431
payments to ICF/IID providers ~~of intermediate care facilities for~~	110432
~~the mentally retarded~~.	110433

(C) In addition to paying an ICF/IID provider the total rate	110434
determined for the provider's ICF/IID under divisions (A) and (B)	110435
of this section for a fiscal year, the department, in accordance	110436
with section 5124.25 of the Revised Code, may pay the provider a	110437
rate add-on for pediatric ventilator-dependent outlier ICF/IID	110438
services if the rate add-on is to be paid under that section and	110439
the department approves the provider's application for the rate	110440
add-on. The rate add-on is not to be part of the ICF/IID's total	110441
rate.	110442

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	110443
~~services shall establish initial rates for an intermediate care~~	110444
~~facility for the mentally retarded with a first date of licensure~~	110445
~~that is on or after January 1, 1993, including a facility that~~	110446
~~replaces one or more existing facilities, or for an intermediate~~	110447
~~care facility for the mentally retarded with a first date of~~	110448
~~licensure before that date that was initially certified for the~~	110449
~~medicaid program on or after that date,~~total per medicaid day	110450
payment rate determined under section 5124.15 of the Revised Code	110451
shall not be the initial rate for ICF/IID services provided by a	110452
new ICF/IID. Instead, the initial total per medicaid day payment	110453
rate for ICF/IID services provided by a new ICF/IID shall be	110454
determined in the following manner:	110455

(1) The initial rate for capital costs shall be determined	110456
under section 5124.17 of the Revised Code using the greater of the	110457
new ICF/IID's actual inpatient days or an imputed occupancy rate	110458
of eighty per cent.	110459

(2) The initial rate for direct care costs shall be	110460
determined as follows:	110461

(a) If there are no cost or resident assessment data for the	110462
new ICF/IID as necessary to ~~calculate~~determine a rate under	110463
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	110464
determined as follows:	110465

(i) Determine the median cost per case-mix unit ~~calculated~~	110466
under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the Revised Code	110467
for the ~~relevant~~new ICF/IID's peer group for the calendar year	110468
immediately preceding the fiscal year in which the rate will be	110469
paid~~, multiplied~~;	110470

(ii) Multiply the amount determined under division	110471
(A)(2)(a)(i) of this section by the median annual average case-mix	110472
score for the new ICF/IID's peer group for that period ~~and~~;	110473

(iii) Adjust the product determined under division	110474
(A)(2)(a)(ii) of this section by the rate of inflation estimated	110475
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	110476
Code. ~~This rate shall be recalculated to reflect the facility's~~	110477
~~actual quarterly average case-mix score, in accordance with that~~	110478
~~section, after it submits its first quarterly assessment data that~~	110479
~~qualifies for use in calculating a case-mix score in accordance~~	110480
~~with rules authorized by division (E) of section 5111.232 of the~~	110481
~~Revised Code. If the facility's first two quarterly submissions do~~	110482
~~not contain assessment data that qualifies for use in calculating~~	110483
~~a case-mix score, the department shall continue to calculate the~~	110484
~~rate using the median annual case-mix score for the peer group in~~	110485
~~lieu of an assigned quarterly case-mix score. The department shall~~	110486
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	110487
~~under division (D) of section 5111.232 of the Revised Code for any~~	110488
~~subsequent submissions that do not contain assessment data that~~	110489
~~qualifies for use in calculating a case-mix score.~~	110490

(b) If the ~~facility~~new ICF/IID is a replacement ~~facility~~	110491
ICF/IID and the ~~facility~~ICF/IID or ~~facilities~~ICFs/IID that are	110492
being replaced are in operation immediately before the ~~replacement~~	110493
~~facility~~new ICF/IID opens, the rate shall be the same as the rate	110494
for the replaced ~~facility~~ICF/IID or ~~facilities~~ICFs/IID,	110495
proportionate to the number of ICF/IID beds in each replaced	110496
~~facility~~ICF/IID. ~~If one or more of the replaced facilities is~~	110497

(c) If the new ICF/IID is a replacement ICF/IID and the	110498
ICF/IID or ICFs/IID that are being replaced are not in operation	110499
immediately before the ~~replacement facility~~new ICF/IID opens, ~~its~~	110500
~~proportion~~the rate shall be determined under division	110501
(A)~~(1)~~(2)(a) of this section.	110502

~~(2)~~(3) The initial rate for indirect care costs shall be the	110503
maximum rate for the new ICF/IID's peer group as determined for	110504
the fiscal year in accordance with division (C) of section 5124.21	110505
of the Revised Code.	110506

(4) The initial rate for other protected costs shall be one	110507
hundred fifteen per cent of the median rate for ~~intermediate care~~	110508
~~facilities for the mentally retarded calculated~~ICFs/IID	110509
determined for the fiscal year under section ~~5111.235~~5124.23 of	110510
the Revised Code.	110511

~~(3) The rate for indirect care costs shall be the applicable~~	110512
~~maximum rate for the facility's peer group as specified in~~	110513
~~division (B) of section 5111.241 of the Revised Code.~~	110514

~~(4) The rate for capital costs shall be determined under~~	110515
~~section 5111.251 of the Revised Code using the greater of actual~~	110516
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	110517

(B) ~~The~~(1) Except as provided in division (B)(2) of this	110518
section, the department shall adjust ~~the rates established~~a new	110519
ICF/IID's initial total per medicaid day payment rate determined	110520
under ~~division (A) of~~ this section ~~at both of the following~~	110521
~~times:~~	110522

~~(1) Effective~~effective the first day of July, to reflect new	110523
rate ~~calculations~~determinations for all ~~facilities~~ICFs/IID	110524
under ~~sections 5111.20 to 5111.331 of the Revised Code;~~	110525

~~(2) Following the provider's submission of the facility's~~	110526
~~cost report under division (A)(1)(b) of section 5111.26 of the~~	110527
~~Revised Code~~ this chapter.	110528

~~The department shall pay the rate adjusted based on the cost~~	110529
~~report beginning the first day of the calendar quarter that begins~~	110530
~~more than ninety days after the department receives the cost~~	110531
~~report.~~	110532

(2) If the department accepts, under division (A) of section	110533
5124.101 of the Revised Code, a cost report filed by the provider	110534
of a new ICF/IID, the department shall adjust the ICF/IID's	110535
initial total per medicaid day payment rate in accordance with	110536
divisions (D) and (E) of that section rather than division (B)(1)	110537
of this section.	110538

Sec. 5124.152. (A) The total per medicaid day payment rate	110539
determined under section 5124.15 of the Revised Code shall not be	110540
paid for ICF/IID services provided by an ICF/IID, or discrete unit	110541
of an ICF/IID, designated by the department of developmental	110542
disabilities as an outlier ICF/IID or unit. Instead, the provider	110543
of a designated outlier ICF/IID or unit shall be paid each fiscal	110544
year a total per medicaid day payment rate that the department	110545
shall prospectively determine in accordance with a methodology	110546
established in rules authorized by this section.	110547

(B) The department may designate an ICF/IID, or discrete unit	110548
of an ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or	110549
unit serves residents who have either of the following:	110550

(1) Diagnoses or special care needs that require direct care	110551
resources that are not measured adequately by the resident	110552
assessment instrument specified in rules authorized by section	110553
5124.191 of the Revised Code;	110554

(2) Diagnoses or special care needs that are specified in	110555
rules authorized by this section as otherwise qualifying for	110556
consideration under this section.	110557

(C) Notwithstanding any other provision of this chapter, the	110558
costs incurred by a designated outlier ICF/IID or unit shall not	110559
be considered in establishing medicaid payment rates for other	110560
ICFs/IID or units.	110561

(D) The director of developmental disabilities shall adopt	110562
rules under section 5124.03 of the Revised Code as necessary to	110563
implement this section.	110564

(1)(a) The rules shall do both of the following:

110565

(i) Specify the criteria and procedures the department will	110566
apply when designating an ICF/IID, or discrete unit of an ICF/IID,	110567
as an outlier ICF/IID or unit;	110568

(ii) Establish a methodology for prospectively determining	110569
the total per medicaid day payment rate that will be paid each	110570
fiscal year for ICF/IID services provided by a designated outlier	110571
ICF/IID or unit.	110572

(b) The rules adopted under division (D)(1)(a)(i) of this	110573
section regarding the criteria for designating outlier ICFs/IID	110574
and units shall do both of the following:	110575

(i) Provide for consideration of whether all of the allowable	110576
costs of an ICF/IID, or discrete unit of an ICF/IID, would be paid	110577
by the rate determined under section 5124.15 of the Revised Code;	110578

(ii) Specify the minimum number of ICF/IID beds that an	110579
ICF/IID, or discrete unit of an ICF/IID, must have to be	110580
designated an outlier ICF/IID or unit.	110581

(c) The rules authorized by division (D)(1)(a)(i) of this	110582
section regarding the criteria for designating outlier ICFs/IID	110583
and units shall not limit the designation to ICFs/IID, or discrete	110584
units of ICFs/IID, located in large cities.	110585

(d) The rules authorized by division (D)(1)(a)(ii) of this	110586
section regarding the methodology for prospectively determining	110587
the rates of designated outlier ICFs/IID and units shall provide	110588
for the methodology to consider the historical costs of providing	110589
ICF/IID services to the residents of designated outlier ICFs/IID	110590
and units.	110591

(2)(a) The rules may do both of the following:

110592

(i) Include for designation as an outlier ICF/IID or unit, an	110593
ICF/IID, or discrete unit of an ICF/IID, that serves residents who	110594
have complex medical conditions or severe behavioral problems;	110595

(ii) Require that a designated outlier ICF/IID or unit	110596
receive authorization from the department before admitting or	110597
retaining a resident.	110598

(b) If the director adopts rules authorized by division	110599
(D)(2)(a)(ii) of this section regarding the authorization of a	110600
designated outlier ICF/IID or unit to admit or retain a resident,	110601
the rules shall specify the criteria and procedures the department	110602
will apply when granting the authorization.	110603

Sec. 5124.153. (A) To the extent, if any, provided for in	110604
rules authorized by this section, the total per medicaid day	110605
payment rate determined under section 5124.15 of the Revised Code	110606
shall not be paid for ICF/IID services that an ICF/IID not	110607
designated as an outlier ICF/IID or unit provides to a resident	110608
who meets the criteria for admission to a designated outlier	110609
ICF/IID or unit, as specified in rules authorized by section	110610
5124.152 of the Revised Code. Instead, the provider of an ICF/IID	110611
providing ICF/IID services to such a resident shall be paid each	110612
fiscal year a total per medicaid day payment rate that the	110613
department shall prospectively determine in accordance with a	110614
methodology established in rules authorized by this section.	110615

(B) The director of developmental disabilities may adopt	110616
rules under section 5124.03 of the Revised Code to implement this	110617
section. The rules may require that an ICF/IID receive	110618
authorization from the department before admitting or retaining a	110619
resident who meets the criteria for admission to a designated	110620
outlier ICF/IID or unit. If the director adopts such rules, the	110621
rules shall specify the criteria and procedures the department	110622
will apply when granting the authorization.	110623

~~Sec. 5111.291.~~ Sec. 5124.154. ~~Notwithstanding sections 5111.20 to~~	110624
~~5111.331 of the Revised Code~~The department of developmental	110625
disabilities is not required to pay the total per medicaid day	110626
payment rates determined under section 5124.15 of the Revised Code	110627
for ICF/IID services provided by developmental centers. Instead,	110628
the department ~~of job and family services~~ may ~~compute~~determine	110629
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	110630
~~for the mentally retarded operated by the department of~~	110631
developmental ~~disabilities or the department of mental health~~	110632
centers according to the reasonable cost principles of Title	110633
XVIII.	110634

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	110635
department of ~~job and family services~~developmental disabilities	110636
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	110637
~~intermediate care facilities for the mentally retarded for its~~	110638
~~reasonable capital costs, a~~ICF/IID's per ~~resident per~~medicaid	110639
day payment rate ~~established prospectively each fiscal year for~~	110640
~~each intermediate care facility for the mentally retarded~~for	110641
reasonable capital costs. Except as otherwise provided in	110642
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter, ~~the~~	110643
an ICF/IID's rate shall be determined prospectively and based on	110644
the ~~facility's~~ICF/IID's capital costs for the calendar year	110645
preceding the fiscal year in which the rate will be paid. ~~The~~	110646
Subject to section 5124.28, an ICF/IID's rate shall equal the sum	110647
of the following:	110648

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	110649
allowable, per diem ~~cost~~costs of ownership for the immediately	110650
preceding cost reporting period, limited as provided in divisions	110651
(B) and (C) ~~and (F)~~ of this section;	110652

(2) ~~Any efficiency incentive determined under division (B) of~~	110653
~~this section;~~	110654

~~(3) Any amounts for~~The ICF/IID's per medicaid day payment	110655
for the ICF/IID's per diem capitalized costs of nonextensive	110656
renovations determined under division (D)(1) of this section if	110657
the ICF/IID qualifies for a payment for such costs as specified in	110658
division (D)(2) of this section;	110659

~~(4) Any amounts for~~(3) The ICF/IID's per medicaid day	110660
efficiency incentive determined under division (E) of this	110661
section;	110662

(4) Until fiscal year 2015, the ICF/IID's return on net	110663
equity determined under division ~~(H)~~(F) of this section.	110664

~~Buildings shall be depreciated using the straight line method~~	110665
~~over forty years or over a different period approved by the~~	110666
~~department. Components and equipment shall be depreciated using~~	110667
~~the straight line method over a period designated by the director~~	110668
~~of job and family services in rules adopted under section 5111.02~~	110669
~~of the Revised Code, consistent with the guidelines of the~~	110670
~~American hospital association, or over a different period approved~~	110671
~~by the department of job and family services. Any rules authorized~~	110672
~~by this division that specify useful lives of buildings,~~	110673
~~components, or equipment apply only to assets acquired on or after~~	110674
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	110675
~~government agency shall not be included in costs of ownership or~~	110676
~~renovation unless that part of the payment under sections 5111.20~~	110677
~~to 5111.331 of the Revised Code is used to reimburse the~~	110678
~~government agency.~~	110679

(B) ~~The department of job and family services shall pay to a~~	110680
~~provider for each of the provider's eligible intermediate care~~	110681
~~facilities for the mentally retarded an efficiency incentive equal~~	110682
~~to fifty per cent of the difference between any desk-reviewed,~~	110683
~~actual, allowable cost of ownership and the applicable limit on~~	110684
~~cost of ownership payments under division (C) of this section. For~~	110685
~~purposes of computing the efficiency incentive, depreciation for~~	110686
~~costs paid or reimbursed by any government agency shall be~~	110687
~~considered as a cost of ownership, and the applicable limit under~~	110688
~~division (C) of this section shall apply both to facilities with~~	110689
~~more than eight beds and facilities with eight or fewer beds. The~~	110690
~~efficiency incentive paid to a provider for a facility with eight~~	110691
~~or fewer beds shall not exceed three dollars per patient day,~~	110692
~~adjusted annually for the inflation rate for the twelve-month~~	110693
~~period beginning on the first day of July of the calendar year~~	110694
~~preceding the calendar year that precedes the fiscal year for~~	110695
~~which the efficiency incentive is determined and ending on the~~	110696
~~thirtieth day of the following June, using the consumer price~~	110697
~~index for shelter costs for all urban consumers for the north~~	110698
~~central region, as published by the United States bureau of labor~~	110699
~~statistics.~~	110700

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	110701
rates for ~~intermediate care facilities for the mentally retarded~~	110702
ICFs/IID with more than eight beds shall not exceed the following	110703
limits:	110704

(1) For ~~facilities~~ICFs/IID with dates of licensure prior to	110705
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	110706
~~patient day~~;	110707

(2) For ~~facilities~~ICFs/IID with dates of licensure after	110708
December 31, l957, but prior to January 1, l968, not exceeding:	110709

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	110710
of construction was three thousand five hundred dollars or more	110711
per bed;	110712

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	110713
of construction was less than three thousand five hundred dollars	110714
per bed.	110715

(3) For ~~facilities~~ICFs/IID with dates of licensure after	110716
December 31, l967, but prior to January 1, l976, not exceeding:	110717

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	110718
of construction was five thousand one hundred fifty dollars or	110719
more per bed;	110720

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	110721
of construction was less than five thousand one hundred fifty	110722
dollars per bed, but exceeds three thousand five hundred dollars	110723
per bed;	110724

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	110725
of construction was three thousand five hundred dollars or less	110726
per bed.	110727

(4) For ~~facilities~~ICFs/IID with dates of licensure after	110728
December 31, l975, but prior to January 1, l979, not exceeding:	110729

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	110730
of construction was six thousand eight hundred dollars or more per	110731
bed;	110732

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	110733
of construction was less than six thousand eight hundred dollars	110734
per bed but exceeds five thousand one hundred fifty dollars per	110735
bed;	110736

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	110737
of construction was five thousand one hundred fifty dollars or	110738
less per bed, but exceeds three thousand five hundred dollars per	110739
bed;	110740

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	110741
of construction was three thousand five hundred dollars or less	110742
per bed.	110743

(5) For ~~facilities~~ICFs/IID with dates of licensure after	110744
December 31, l978, but prior to January 1, l980, not exceeding:	110745

(a) Six dollars ~~per patient day~~ if the cost of construction	110746
was seven thousand six hundred twenty-five dollars or more per	110747
bed;	110748

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	110749
of construction was less than seven thousand six hundred	110750
twenty-five dollars per bed but exceeds six thousand eight hundred	110751
dollars per bed;	110752

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	110753
of construction was six thousand eight hundred dollars or less per	110754
bed but exceeds five thousand one hundred fifty dollars per bed;	110755

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	110756
of construction was five thousand one hundred fifty dollars or	110757
less but exceeds three thousand five hundred dollars per bed;	110758

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	110759
of construction was three thousand five hundred dollars or less	110760
per bed.	110761

(6) For ~~facilities~~ICFs/IID with dates of licensure after	110762
December 31, 1979, but prior to January 1, 1981, not exceeding:	110763

(a) Twelve dollars ~~per patient day~~ if the beds were	110764
originally licensed as residential facility beds by the department	110765
of developmental disabilities;	110766

(b) Six dollars ~~per patient day~~ if the beds were originally	110767
licensed as nursing home beds by the department of health.	110768

(7) For ~~facilities~~ICFs/IID with dates of licensure after	110769
December 31, 1980, but prior to January 1, 1982, not exceeding:	110770

(a) Twelve dollars ~~per patient day~~ if the beds were	110771
originally licensed as residential facility beds by the department	110772
of developmental disabilities;	110773

(b) Six dollars and forty-five cents ~~per patient day~~ if the	110774
beds were originally licensed as nursing home beds by the	110775
department of health.	110776

(8) For ~~facilities~~ICFs/IID with dates of licensure after	110777
December 31, 1981, but prior to January 1, 1983, not exceeding:	110778

(a) Twelve dollars ~~per patient day~~ if the beds were	110779
originally licensed as residential facility beds by the department	110780
of developmental disabilities;	110781

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	110782
beds were originally licensed as nursing home beds by the	110783
department of health.	110784

(9) For ~~facilities~~ICFs/IID with dates of licensure after	110785
December 31, 1982, but prior to January 1, 1984, not exceeding:	110786

(a) Twelve dollars ~~per patient day~~ if the beds were	110787
originally licensed as residential facility beds by the department	110788
of developmental disabilities;	110789

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	110790
were originally licensed as nursing home beds by the department of	110791
health.	110792

(10) For ~~facilities~~ICFs/IID with dates of licensure after	110793
December 31, 1983, but prior to January 1, 1985, not exceeding:	110794

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	110795
the beds were originally licensed as residential facility beds by	110796
the department of developmental disabilities;	110797

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	110798
the beds were originally licensed as nursing home beds by the	110799
department of health.	110800

(11) For ~~facilities~~ICFs/IID with dates of licensure after	110801
December 31, 1984, but prior to January 1, 1986, not exceeding:	110802

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	110803
the beds were originally licensed as residential facility beds by	110804
the department of developmental disabilities;	110805

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	110806
were originally licensed as nursing home beds by the department of	110807
health.	110808

(12) For ~~facilities~~ICFs/IID with dates of licensure after	110809
December 31, 1985, but prior to January 1, 1987, not exceeding:	110810

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	110811
beds were originally licensed as residential facility beds by the	110812
department of developmental disabilities;	110813

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	110814
were originally licensed as nursing home beds by the department of	110815
health.	110816

(13) For ~~facilities~~ICFs/IID with dates of licensure after	110817
December 31, 1986, but prior to January 1, 1988, not exceeding:	110818

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	110819
the beds were originally licensed as residential facility beds by	110820
the department of developmental disabilities;	110821

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	110822
the beds were originally licensed as nursing home beds by the	110823
department of health.	110824

(14) For ~~facilities~~ICFs/IID with dates of licensure after	110825
December 31, 1987, but prior to January 1, 1989, not exceeding	110826
thirteen dollars and twenty-six cents ~~per patient day~~;	110827

(15) For ~~facilities~~ICFs/IID with dates of licensure after	110828
December 31, 1988, but prior to January 1, 1990, not exceeding	110829
thirteen dollars and forty-six cents ~~per patient day~~;	110830

(16) For ~~facilities~~ICFs/IID with dates of licensure after	110831
December 31, 1989, but prior to January 1, 1991, not exceeding	110832
thirteen dollars and sixty cents ~~per patient day~~;	110833

(17) For ~~facilities~~ICFs/IID with dates of licensure after	110834
December 31, 1990, but prior to January 1, 1992, not exceeding	110835
thirteen dollars and forty-nine cents ~~per patient day~~;	110836

(18) For ~~facilities~~ICFs/IID with dates of licensure after	110837
December 31, 1991, but prior to January 1, 1993, not exceeding	110838
thirteen dollars and sixty-seven cents ~~per patient day~~;	110839

(19) For ~~facilities~~ICFs/IID with dates of licensure after	110840
December 31, 1992, not exceeding fourteen dollars and twenty-eight	110841
cents ~~per patient day~~.	110842

(C)(1) The costs of ownership per diem payment rate for an	110843
ICF/IID with eight or fewer beds shall not exceed the following	110844
limits:	110845

(a) Eighteen dollars and thirty cents as adjusted for	110846
inflation pursuant to division (C)(2) of this section if any of	110847
the following apply to the ICF/IID:	110848

(i) The ICF/IID has a date of licensure, or was granted	110849
project authorization by the department of developmental	110850
disabilities, before July 1, 1993.	110851

(ii) The ICF/IID has a date of licensure, or was granted	110852
project authorization by the department, on or after July 1, 1993,	110853
and the provider demonstrates that the provider made substantial	110854
commitments of funds for the ICF/IID before that date.	110855

(iii) The ICF/IID has a date of licensure, or was granted	110856
project authorization by the department, on or after July 1, 1993,	110857
the provider made no substantial commitment of funds for the	110858
ICF/IID before that date, and the department of job and family	110859
services or department of developmental disabilities gave prior	110860
approval for the ICF/IID's construction.	110861

(b) If division (C)(1)(a) of this section does not apply to	110862
the ICF/IID, the amount that would apply to the ICF/IID under	110863
division (B) of this section if it had more than eight beds.	110864

(2) The eighteen-dollar and thirty-cent payment rate	110865
specified in division (C)(1)(a) of this section shall be increased	110866
as follows:	110867

(a) For the period beginning June 30, 1990, and ending July	110868
1, 1993, by the change in the "Dodge building cost indexes,	110869
northeastern and north central states," published by Marshall and	110870
Swift;	110871

(b) For each fiscal year thereafter, in accordance with	110872
division (G) of this section.	110873

(D)(1) Beginning January 1, 1981, regardless of the original	110874
date of licensure, the ~~department of job and family services shall~~	110875
~~pay a~~payment rate for the per diem capitalized costs of	110876
nonextensive renovations ~~to intermediate care facilities for the~~	110877
~~mentally retarded~~ made after January 1, l981, to a qualifying	110878
ICF/IID, shall not ~~exceeding~~exceed six dollars per ~~patient~~	110879
medicaid day using 1980 as the base year and adjusting the amount	110880
annually until June 30, 1993, for fluctuations in construction	110881
costs calculated by the department using the "Dodge building cost	110882
indexes, northeastern and north central states," published by	110883
Marshall and Swift. The payment rate shall be further adjusted in	110884
accordance with division (G) of this section. The payment provided	110885
for in this division is the only payment that shall be made for	110886
~~the~~an ICF/IID's capitalized costs of a nonextensive ~~renovation~~	110887
~~of an intermediate care facility for the mentally retarded~~	110888
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	110889
renovations shall not be included in ~~cost~~costs of ownership, and	110890
~~a nonextensive renovation~~ shall not affect the date of licensure	110891
for purposes of division (B) or (C) of this section. This division	110892
applies to nonextensive renovations regardless of whether they are	110893
made by an owner or a lessee. If the tenancy of a lessee that has	110894
made nonextensive renovations ends before the depreciation expense	110895
for the ~~renovation~~ costs of nonextensive renovations has been	110896
fully reported, the former lessee shall not report the	110897
undepreciated balance as an expense.	110898

~~For a nonextensive renovation to qualify~~(2) An ICF/IID	110899
qualifies for a payment ~~under this division, both~~for costs of	110900
nonextensive renovations if all of the following ~~conditions must~~	110901
~~be met~~apply:	110902

~~(1)~~(a) Either of the following applies:

110903

(i) The ICF/IID has more than eight beds and either the	110904
department approved the nonextensive renovation before July 1,	110905
2013, or the nonextensive renovation is part of a project that	110906
results in the ICF/IID becoming a downsized ICF/IID or partially	110907
converted ICF/IID.	110908

(ii) The ICF/IID has eight or fewer beds.

110909

(b) At least five years have elapsed since the ICF/IID's date	110910
of licensure or date of an extensive renovation of the portion of	110911
the ~~facility~~ICF/IID that is proposed to be nonextensively	110912
renovated, ~~except that this condition does not apply if~~unless the	110913
nonextensive renovation is necessary to meet the requirements of	110914
federal, state, or local statutes, ordinances, rules, or policies.	110915

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	110916
~~department of job and family services. The provider shall submit~~	110917
of the ICF/IID does both of the following:	110918

(i) Submits to the department a plan that describes in detail	110919
the changes in capital assets to be accomplished by means of the	110920
nonextensive renovation and the timetable for completing the	110921
project~~. The time for completion of the project~~, which shall be no	110922
not more than eighteen months after the nonextensive renovation	110923
begins;	110924

(ii) Obtains prior approval from the department for the	110925
nonextensive renovation. ~~The~~	110926

(3) The director of ~~job and family services~~developmental	110927
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	110928
the Revised Code that specify criteria and procedures for prior	110929
approval of nonextensive renovation and extensive renovation	110930
projects. No provider shall separate a project with the intent to	110931
evade the characterization of the project as a nonextensive	110932
renovation or as an extensive renovation. No provider shall	110933
increase the scope of a project after it is approved by the	110934
department ~~of job and family services~~ unless the increase in scope	110935
is approved by the department.	110936

(E)(1) Subject to division (E)(2) of this section, an	110937
ICF/IID's per medicaid day efficiency incentive payment rate shall	110938
equal the following percentage of the difference between the	110939
ICF/IID's desk-reviewed, actual, allowable per diem costs of	110940
ownership and the applicable limit on costs of ownership payment	110941
rates established by division (B) of this section:	110942

(a) In the case of an ICF/IID with more than eight beds, the	110943
following percentage:	110944

(i) Fifty per cent for fiscal year 2014;

110945

(ii) Fifty per cent for fiscal year 2015 and each fiscal year	110946
thereafter if the provider of the ICF/IID obtains the department's	110947
approval to become a downsized ICF/IID and the approval is	110948
conditioned on the downsizing being completed not later than July	110949
1, 2018;	110950

(iii) Twenty-five per cent;

110951

(b) In the case of an ICF/IID with eight or fewer beds, fifty	110952
per cent.	110953

(2) The efficiency incentive payment rate for an ICF/IID with	110954
eight or fewer beds shall not exceed three dollars per medicaid	110955
day, adjusted annually in accordance with division (G) of this	110956
section. For the purpose of determining an ICF/IID's efficiency	110957
incentive payment rate, both of the following apply:	110958

(a) Depreciation for costs paid or reimbursed by any	110959
government agency shall be considered as a cost of ownership;	110960

(b) The applicable limit under division (B) of this section	110961
shall apply both to ICFs/IID with more than eight beds and	110962
ICFs/IID with eight or fewer beds.	110963

(F) An ICF/IID's return on net equity shall be determined at	110964
the rate of one and one-half times the average of interest rates	110965
on special issues of public debt obligations issued to the federal	110966
hospital insurance trust fund for the cost reporting period. In	110967
determining an ICF/IID's rate for return on net equity, the	110968
department shall use the greater of the ICF/IID's inpatient days	110969
during the applicable cost reporting period or the number of	110970
inpatient days the ICF/IID would have had during that period if	110971
the ICF/IID's occupancy rate had been ninety-five per cent. No	110972
ICF/IID's rate for return on net equity shall exceed one dollar	110973
per medicaid day. No ICF/IID's rate for capital costs shall	110974
include a rate for return on net equity beginning July 1, 2014.	110975

(G) The amounts specified in divisions (B), (C) ~~and~~, (D), and	110976
(E) of this section shall be adjusted beginning July 1, 1993, for	110977
the estimated inflation rate for the twelve-month period beginning	110978
on the first day of July of the calendar year immediately	110979
preceding the calendar year that immediately precedes the fiscal	110980
year for which rate will be paid and ending on the thirtieth day	110981
of the following June, using the consumer price index for shelter	110982
costs for all urban consumers for the ~~north central~~midwest	110983
region, as published by the United States bureau of labor	110984
statistics.	110985

~~(F)(1) For facilities of eight or fewer beds that have dates~~	110986
~~of licensure or have been granted project authorization by the~~	110987
~~department of developmental disabilities before July 1, 1993, and~~	110988
~~for facilities of eight or fewer beds that have dates of licensure~~	110989
~~or have been granted project authorization after that date if the~~	110990
~~providers of the facilities demonstrate that they made substantial~~	110991
~~commitments of funds on or before that date, cost of ownership~~	110992
~~shall not exceed eighteen dollars and thirty cents per resident~~	110993
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	110994
~~increased by the change in the "Dodge building cost indexes,~~	110995
~~northeastern and north central states," published by Marshall and~~	110996
~~Swift, during the period beginning June 30, 1990, and ending July~~	110997
~~1, 1993, and by the change in the consumer price index for shelter~~	110998
~~costs for all urban consumers for the north central region, as~~	110999
~~published by the United States bureau of labor statistics,~~	111000
~~annually thereafter.~~	111001

~~(2) For facilities with eight or fewer beds that have dates~~	111002
~~of licensure or have been granted project authorization by the~~	111003
~~department of developmental disabilities on or after July 1, 1993,~~	111004
~~for which substantial commitments of funds were not made before~~	111005
~~that date, cost of ownership payments shall not exceed the~~	111006
~~applicable amount calculated under division (F)(1) of this~~	111007
~~section, if the department of job and family services gives prior~~	111008
~~approval for construction of the facility. If the department does~~	111009
~~not give prior approval, cost of ownership payments shall not~~	111010
~~exceed the amount specified in division (C) of this section.~~	111011

~~(3)~~(H) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	111012
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	111013
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	111014
costs of nonextensive renovations, and the efficiency incentive	111015
for an ~~intermediate care facility for the mentally retarded~~	111016
ICF/IID with eight or fewer beds shall not exceed the sum of the	111017
limitations specified in divisions (C) and (D) of this section.	111018

~~(G) Notwithstanding any provision of this section or section~~	111019
~~5111.241 of the Revised Code, the director of job and family~~	111020
~~services may adopt rules under section 5111.02 of the Revised Code~~	111021
~~that provide for a calculation of a combined maximum payment limit~~	111022
~~for indirect care costs and cost of ownership for intermediate~~	111023
~~care facilities for the mentally retarded with eight or fewer~~	111024
~~beds.~~	111025

(H) ~~The department of job and family services shall pay a~~	111026
~~provider for each of the provider's eligible proprietary~~	111027
~~intermediate care facilities for the mentally retarded a return on~~	111028
~~the facility's net equity computed at the rate of one and one-half~~	111029
~~times the average of interest rates on special issues of public~~	111030
~~debt obligations issued to the federal hospital insurance trust~~	111031
~~fund for the cost reporting period. No facility's return on net~~	111032
~~equity paid under this division shall exceed one dollar per~~	111033
~~patient day.~~	111034

~~In calculating the rate for return on net equity, the~~	111035
~~department shall use the greater of the facility's inpatient days~~	111036
~~during the applicable cost reporting period or the number of~~	111037
~~inpatient days the facility would have had during that period if~~	111038
~~its occupancy rate had been ninety-five per cent.~~	111039

(I)(1) For the purpose of determining ICFs/IID's medicaid	111040
payment rates for capital costs:	111041

(a) Buildings shall be depreciated using the straight line	111042
method over forty years or over a different period approved by the	111043
department.	111044

(b) Components and equipment shall be depreciated using the	111045
straight line method over a period designated by the director of	111046
developmental disabilities in rules adopted under section 5124.03	111047
of the Revised Code, consistent with the guidelines of the	111048
American hospital association, or over a different period approved	111049
by the department.	111050

(2) Any rules authorized by division (I)(1) of this section	111051
that specify useful lives of buildings, components, or equipment	111052
apply only to assets acquired on or after July 1, 1993.	111053
Depreciation for costs paid or reimbursed by any government agency	111054
shall not be included in costs of ownership or costs of	111055
nonextensive renovations unless that part of the payment under	111056
this chapter is used to reimburse the government agency.	111057

(J)(1) Except as provided in division ~~(I)~~(J)(2) of this	111058
section, if a provider leases or transfers an interest in a	111059
~~facility~~an ICF/IID to another provider who is a related party,	111060
the related party's allowable ~~cost~~costs of ownership shall	111061
include the lesser of the following:	111062

(a) The annual lease expense or actual cost of ownership,	111063
whichever is applicable;	111064

(b) The reasonable cost to the lessor or provider making the	111065
transfer.	111066

(2) If a provider leases or transfers an interest in a	111067
~~facility~~an ICF/IID to another provider who is a related party,	111068
regardless of the date of the lease or transfer, the related	111069
party's allowable cost of ownership shall include the annual lease	111070
expense or actual cost of ownership, whichever is applicable,	111071
subject to the limitations specified in divisions (B) to ~~(H)~~(I) of	111072
this section, if all of the following conditions are met:	111073

(a) The related party is a relative of owner;

111074

(b) In the case of a lease, if the lessor retains any	111075
ownership interest, it is, except as provided in division	111076
~~(I)~~(J)(2)(d)(ii) of this section, in only the real property and	111077
any improvements on the real property;	111078

(c) In the case of a transfer, the provider making the	111079
transfer retains, except as provided in division ~~(I)~~(J)(2)(d)(iv)	111080
of this section, no ownership interest in the ~~facility~~ICF/IID;	111081

(d) The department ~~of job and family services~~ determines that	111082
the lease or transfer is an arm's length transaction pursuant to	111083
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	111084
The rules shall provide that a lease or transfer is an arm's	111085
length transaction if all of the following, as applicable, apply:	111086

(i) In the case of a lease, once the lease goes into effect,	111087
the lessor has no direct or indirect interest in the lessee or,	111088
except as provided in division ~~(I)~~(J)(2)(b) of this section, the	111089
~~facility~~ICF/IID itself, including interest as an owner, officer,	111090
director, employee, independent contractor, or consultant, but	111091
excluding interest as a lessor.	111092

(ii) In the case of a lease, the lessor does not reacquire an	111093
interest in the ~~facility~~ICF/IID except through the exercise of a	111094
lessor's rights in the event of a default. If the lessor	111095
reacquires an interest in the ~~facility~~ICF/IID in this manner, the	111096
department shall treat the ~~facility~~ICF/IID as if the lease never	111097
occurred when the department ~~calculates~~determines its	111098
~~reimbursement rates~~payment rate for capital costs.	111099

(iii) In the case of a transfer, once the transfer goes into	111100
effect, the provider that made the transfer has no direct or	111101
indirect interest in the provider that acquires the ~~facility~~	111102
ICF/IID or the ~~facility~~ICF/IID itself, including interest as an	111103
owner, officer, director, employee, independent contractor, or	111104
consultant, but excluding interest as a creditor.	111105

(iv) In the case of a transfer, the provider that made the	111106
transfer does not reacquire an interest in the ~~facility~~ICF/IID	111107
except through the exercise of a creditor's rights in the event of	111108
a default. If the provider reacquires an interest in the ~~facility~~	111109
ICF/IID in this manner, the department shall treat the ~~facility~~	111110
ICF/IID as if the transfer never occurred when the department	111111
~~calculates~~determines its ~~reimbursement rates~~payment rate for	111112
capital costs.	111113

(v) The lease or transfer satisfies any other criteria	111114
specified in the rules.	111115

(e) Except in the case of hardship caused by a catastrophic	111116
event, as determined by the department, or in the case of a lessor	111117
or provider making the transfer who is at least sixty-five years	111118
of age, not less than twenty years have elapsed since, for the	111119
same ~~facility~~ICF/IID, allowable cost of ownership was determined	111120
most recently under this division.	111121

~~Sec. 5111.23.~~ Sec. 5124.19. (A) ~~The~~(1) For each fiscal year, the	111122
department of ~~job and family services~~developmental disabilities	111123
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111124
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111125
per ~~resident per~~medicaid day payment rate for direct care costs	111126
~~established prospectively for each facility. The department shall~~	111127
~~establish each facility's rate for direct care costs quarterly~~as	111128
follows:	111129

(a) Multiply the lesser of the following by the ICF/IID's	111130
annual average case-mix score determined or assigned under section	111131
5124.192 of the Revised Code for the calendar year immediately	111132
preceding the fiscal year for which the rate will be paid:	111133

(i) The ICF/IID's cost per case-mix unit for the calendar	111134
year immediately preceding the fiscal year for which the rate will	111135
be paid, as determined under division (B) of this section;	111136

(ii) The maximum cost per case-mix unit for the ICF/IID's	111137
peer group for the fiscal year for which the rate will be paid, as	111138
set under division (C) of this section;	111139

(b) Adjust the product determined under division (A)(1)(a) of	111140
this section by the inflation rate estimated under division (D)(1)	111141
of this section and modified under division (D)(2) of this	111142
section.	111143

(2) Except as otherwise directed by law enacted by the	111144
general assembly, the department shall determine each ICF/IID's	111145
rate for direct care costs prospectively.	111146

(B) ~~Each facility's rate for direct care costs shall be based~~	111147
~~on the facility's cost per case-mix unit, subject to the maximum~~	111148
~~costs per case-mix unit established under division (B)(2) of this~~	111149
~~section, from the calendar year preceding the fiscal year in which~~	111150
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	111151
~~all of the following:~~	111152

~~(1) Determine each facility's~~an ICF/IID's cost per case-mix	111153
unit for the calendar year immediately preceding the fiscal year	111154
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	111155
department shall divide the ICF/IID's desk-reviewed, actual,	111156
allowable, per diem direct care costs for that calendar year by	111157
its annual average case-mix score determined under section	111158
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	111159

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	111160
be paid, the department shall set the maximum cost per case-mix	111161
unit for each peer group of ~~intermediate care facilities for the~~	111162
~~mentally retarded~~ICFs/IID with more than eight beds ~~specified in~~	111163
~~rules adopted under division (F) of this section~~ at a percentage	111164
above the cost per case-mix unit ofdetermined under division (B)	111165
of this section for the ~~facility~~ICF/IID in the peer group that	111166
has the peer group's median number of medicaid ~~day~~days for the	111167
calendar year immediately preceding the fiscal year in which the	111168
rate will be paid~~, as calculated under division (B)(1) of this~~	111169
~~section, that is~~. The percentage shall be no less than the	111170
percentage ~~calculated under division (E)(2) of this section~~above	111171
the cost per case-mix unit determined under division (B) of this	111172
section for the ICF/IID that has the median number of medicaid	111173
days for calendar year 1992 for all ICFs/IID with more than eight	111174
beds that would result in payment of all desk-reviewed, actual,	111175
allowable direct care costs for eighty and one-half per cent of	111176
the medicaid days for such ICFs/IID for calendar year 1992.	111177

~~(b) Set~~(2) For each fiscal year for which a rate will be	111178
paid, the department shall set the maximum cost per case-mix unit	111179
for each peer group of ~~intermediate care facilities for the~~	111180
~~mentally retarded~~ICFs/IID with eight or fewer beds ~~specified in~~	111181
~~rules adopted under division (F) of this section~~ at a percentage	111182
above the cost per case-mix unit ofdetermined under division (B)	111183
of this section for the ~~facility~~ICF/IID in the peer group that	111184
has the peer group's median number of medicaid ~~day~~days for the	111185
calendar year immediately preceding the fiscal year in which the	111186
rate will be paid~~, as calculated under division (B)(1) of this~~	111187
~~section, that is~~. The percentage shall be no less than the	111188
percentage ~~calculated under division (E)(3) of this section~~above	111189
the cost per case-mix unit determined under division (B) of this	111190
section for the ICF/IID that has the median number of medicaid	111191
days for calendar year 1992 for all ICFs/IID with eight or fewer	111192
beds that would result in payment of all desk-reviewed, actual,	111193
allowable direct care costs for eighty and one-half per cent of	111194
the medicaid days for such ICFs/IID for calendar year 1992.	111195

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	111196
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	111197
section for each peer group, the department shall exclude from its	111198
~~calculations~~determinations the cost per case-mix unit of any	111199
~~facility~~ICF/IID in the peer group that participated in the	111200
medicaid program under the same ~~operator~~provider for less than	111201
twelve months during the calendar year immediately preceding the	111202
fiscal year in which the rate will be paid.	111203

~~(3) Estimate~~(4) The department shall not reset a peer	111204
group's maximum cost per case-mix unit for a fiscal year under	111205
division (C)(1) or (2) of this section based on additional	111206
information that it receives after it sets the maximum for that	111207
fiscal year. The department shall reset a peer group's maximum	111208
cost per case-mix unit for a fiscal year only if it made an error	111209
in setting the maximum for that fiscal year based on information	111210
available to the department at the time it originally sets the	111211
maximum for that fiscal year.	111212

(D)(1) The department shall estimate the rate of inflation	111213
for the eighteen-month period beginning on the first day of July	111214
of the calendar year preceding the fiscal year in which ~~the~~a rate	111215
will be paid and ending on the thirty-first day of December of the	111216
fiscal year in which the rate will be paid, using the ~~index~~	111217
~~specified in division (C) of this section. If the estimated~~	111218
~~inflation rate for the eighteen-month period is different from the~~	111219
~~actual inflation rate for that period, as measured using the same~~	111220
~~index, the difference shall be added to or subtracted from the~~	111221
~~inflation rate estimated under division (B)(3) of this section for~~	111222
~~the following fiscal year.~~	111223

~~(4) The department shall not recalculate a maximum cost per~~	111224
~~case-mix unit under division (B)(2) of this section or a~~	111225
~~percentage under division (E) of this section based on additional~~	111226
~~information that it receives after the maximum costs per case-mix~~	111227
~~unit or percentages are set. The department shall recalculate a~~	111228
~~maximum cost per case-mix units or percentage only if it made an~~	111229
~~error in computing the maximum cost per case-mix unit or~~	111230
~~percentage based on information available at the time of the~~	111231
~~original calculation.~~	111232

~~(C) The department shall use the~~ following ~~index for the~~	111233
~~purpose of division (B)(3) of this section~~:	111234

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	111235
the employment cost index for total compensation, health ~~services~~	111236
care and social assistance component, published by the United	111237
States bureau of labor statistics;	111238

~~(2)~~(b) If the United States bureau of labor statistics ceases	111239
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	111240
section, the index that is subsequently published by the bureau	111241
and covers ~~nursing facilities'~~the staff costs of ICFs/IID.	111242

~~(D) Each facility's rate for direct care costs shall be~~	111243
~~determined as follows for each calendar quarter within a fiscal~~	111244
~~year:~~	111245

~~(1) Multiply the lesser of the following by the facility's~~	111246
~~average case-mix score determined under section 5111.232 of the~~	111247
~~Revised Code for the calendar quarter that preceded the~~	111248
~~immediately preceding calendar quarter:~~	111249

~~(a) The facility's cost per case-mix unit for the calendar~~	111250
~~year preceding the fiscal year in which the rate will be paid, as~~	111251
~~determined under division (B)(1) of this section;~~	111252

~~(b) The maximum cost per case-mix unit established for the~~	111253
~~fiscal year in which the rate will be paid for the facility's peer~~	111254
~~group under division (B)(2) of this section;~~	111255

~~(2) Adjust the product determined under division (D)(1) of~~	111256
~~this section by the inflation rate estimated under division (B)(3)~~	111257
~~of this section.~~	111258

~~(E)(1) The department shall calculate the percentage above~~	111259
~~the median cost per case-mix unit determined under division (B)(1)~~	111260
~~of this section for the facility that has the median medicaid day~~	111261
~~for calendar year 1992 for all intermediate care facilities for~~	111262
~~the mentally retarded with more than eight beds that would result~~	111263
~~in payment of all desk-reviewed, actual, allowable direct care~~	111264
~~costs for eighty and one-half per cent of the medicaid days for~~	111265
~~such facilities for calendar year 1992.~~	111266

~~(2) The department shall calculate the percentage above the~~	111267
~~median cost per case-mix unit determined under division (B)(1) of~~	111268
~~this section for the facility that has the median medicaid day for~~	111269
~~calendar year 1992 for all intermediate care facilities for the~~	111270
~~mentally retarded with eight or fewer beds that would result in~~	111271
~~payment of all desk-reviewed, actual, allowable direct care costs~~	111272
~~for eighty and one-half per cent of the medicaid days for such~~	111273
~~facilities for calendar year 1992.~~	111274

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	111275
period specified in division (D)(1) of this section is different	111276
from the actual inflation rate for that period, as measured using	111277
the same index, the difference shall be added to or subtracted	111278
from the inflation rate estimated under division (D)(1) of this	111279
section for the following fiscal year.	111280

(E) The director of ~~job and family services~~developmental	111281
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111282
the Revised Code that specify peer groups of ~~intermediate care~~	111283
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111284
beds and ~~intermediate care facilities for the mentally retarded~~	111285
peer groups of ICFs/IID with eight or fewer beds, based on	111286
findings of significant per diem direct care cost differences due	111287
to geography and ~~facility~~ bed-size. The rules also may specify	111288
peer groups based on findings of significant per diem direct care	111289
cost differences due to other factors which may include case-mix.	111290

~~(G) The department, in accordance with division (D) of~~	111291
~~section 5111.232 of the Revised Code and rules adopted under~~	111292
~~division (F) of that section, may assign case-mix scores or costs~~	111293
~~per case-mix unit if a provider fails to submit assessment data~~	111294
~~necessary to calculate an intermediate care facility for the~~	111295
~~mentally retarded's case-mix score in accordance with that~~	111296
~~section.~~	111297

Sec. 5124.191. Each calendar quarter, each ICF/IID provider	111298
shall compile complete assessment data for each resident of each	111299
of the provider's ICFs/IID, regardless of payment source, who is	111300
in the ICF/IID, or on hospital or therapeutic leave from the	111301
ICF/IID, on the last day of the quarter. A resident assessment	111302
instrument specified in rules adopted under section 5124.03 of the	111303
Revised Code shall be used to compile the resident assessment	111304
data. Each provider shall submit the resident assessment data to	111305
the department of developmental disabilities not later than	111306
fifteen days after the end of the calendar quarter for which the	111307
data is compiled. The resident assessment data shall be submitted	111308
to the department through the medium or media specified in rules	111309
adopted under section 5124.03 of the Revised Code.	111310

Sec. 5124.192. (A) Except as provided in division (B) of	111311
this section, the department of developmental disabilities shall	111312
do both of the following:	111313

(1) For each calendar quarter, determine a case-mix score for	111314
each ICF/IID using the resident assessment data submitted to the	111315
department under section 5124.191 of the Revised Code and the	111316
grouper methodology prescribed in rules authorized by this	111317
section;	111318

(2) After the end of each calendar year and in accordance	111319
with rules authorized by this section, determine an annual average	111320
case-mix score for each ICF/IID using the ICF/IID's quarterly	111321
case-mix scores for that calendar year.	111322

(B)(1) Subject to division (B)(2) of this section, the	111323
department, for one or more months of a calendar quarter, may	111324
assign to an ICF/IID a case-mix score that is five per cent less	111325
than the ICF/IID's case-mix score for the immediately preceding	111326
calendar quarter if any of the following apply:	111327

(a) The provider does not timely submit complete and accurate	111328
resident assessment data necessary to determine the ICF/IID's	111329
case-mix score for the calendar quarter;	111330

(b) The ICF/IID was subject to an exception review under	111331
section 5124.193 of the Revised Code for the immediately preceding	111332
calendar quarter;	111333

(c) The ICF/IID was assigned a case-mix score for the	111334
immediately preceding calendar quarter.	111335

(2) Before assigning a case-mix score to an ICF/IID due to	111336
the submission of incorrect resident assessment data, the	111337
department shall permit the provider to correct the data. The	111338
department may assign the case-mix score if the provider fails to	111339
submit the corrected resident assessment data not later than	111340
forty-five days after the end of the calendar quarter to which the	111341
data pertains or later due date specified in rules authorized by	111342
this section.	111343

(3) If, for more than six months during a calendar year, a	111344
provider is paid a rate determined for an ICF/IID using a case-mix	111345
score assigned to the ICF/IID under division (B)(1) of this	111346
section, the department may assign the ICF/IID a cost per case-mix	111347
unit that is five per cent less than the ICF/IID's actual or	111348
assigned cost per case-mix unit for the immediately preceding	111349
calendar year. The department may use the assigned cost per	111350
case-mix unit, instead of determining the ICF/IID's actual cost	111351
per case-mix unit in accordance with section 5124.19 of the	111352
Revised Code, to establish the ICF/IID's rate for direct care	111353
costs for the fiscal year immediately following the calendar year	111354
for which the cost per case-mix unit is assigned.	111355

(4) The department shall take action under division (B)(1),	111356
(2), or (3) of this section only in accordance with rules	111357
authorized by this section. The department shall not take an	111358
action that affects medicaid payment rates for prior payment	111359
periods except in accordance with sections 5124.41 and 5124.42 of	111360
the Revised Code.	111361

(C) The director of developmental disabilities shall adopt	111362
rules under section 5124.03 of the Revised Code as necessary to	111363
implement this section.	111364

(1) The rules shall do all of the following:

111365

(a) Prescribe a grouper methodology to be used when	111366
determining the case-mix scores for ICFs/IID;	111367

(b) Specify the process for determining the annual average	111368
case-mix scores for ICFs/IID;	111369

(c) Establish procedures under which resident assessment data	111370
is to be reviewed for accuracy and providers are to be notified of	111371
any data that requires correction;	111372

(d) Establish procedures for providers to correct resident	111373
assessment data and, if necessary, specify a due date for	111374
corrections that is later than the due date specified in division	111375
(B)(2) of this section.	111376

(e) Specify when and how the department will assign a	111377
case-mix score or cost per case-mix unit to an ICF/IID under	111378
division (B) of this section if information necessary to calculate	111379
the ICF/IID's case-mix score is not provided or corrected in	111380
accordance with the procedures established by the rules.	111381

(2) Notwithstanding any other provision of this chapter, the	111382
rules may provide for excluding case-mix scores assigned to an	111383
ICF/IID under division (B) of this section from the determination	111384
of the ICF/IID's annual average case-mix score and the maximum	111385
cost per case-mix unit for the ICF/IID's peer group.	111386

Sec. 5124.193. (A) The department of developmental	111387
disabilities may, pursuant to rules authorized by this section,	111388
conduct an exception review of resident assessment data submitted	111389
by an ICF/IID provider under section 5124.191 of the Revised Code.	111390
The department may conduct an exception review based on the	111391
findings of a medicaid certification survey conducted by the	111392
department of health, a risk analysis, or prior performance of the	111393
provider.	111394

Exception reviews shall be conducted at the ICF/IID by	111395
appropriate health professionals under contract with or employed	111396
by the department. The professionals may review resident	111397
assessment forms and supporting documentation, conduct interviews,	111398
and observe residents to identify any patterns or trends of	111399
inaccurate resident assessments and resulting inaccurate case-mix	111400
scores.	111401

(B) If an exception review is conducted before the effective	111402
date of an ICF/IID's rate for direct care costs that is based on	111403
the resident assessment data being reviewed and the review results	111404
in findings that exceed tolerance levels specified in the rules	111405
authorized by this section, the department, in accordance with the	111406
rules authorized by this section, may use the findings to	111407
redetermine individual resident case-mix scores, the ICF/IID's	111408
case-mix score for the quarter, and the ICF/IID's annual average	111409
case-mix score. The department may use the ICF/IID's redetermined	111410
quarterly and annual average case-mix scores to determine the	111411
ICF/IID's rate for direct care costs for the appropriate calendar	111412
quarter or quarters.	111413

(C) The department shall prepare a written summary of any	111414
exception review finding that is made after the effective date of	111415
an ICF/IID's rate for direct care costs that is based on the	111416
resident assessment data that was reviewed. Where the provider is	111417
pursuing judicial or administrative remedies in good faith	111418
regarding the finding, the department shall not withhold from the	111419
provider's current payments any amounts the department claims to	111420
be due from the provider pursuant to section 5124.41 of the	111421
Revised Code.	111422

(D)(1) The director of developmental disabilities shall adopt	111423
rules under section 5124.03 of the Revised Code as necessary to	111424
implement this section. The rules shall establish an exception	111425
review program that does all of the following:	111426

(a) Requires each exception review to comply with Title XIX;

111427

(b) Requires a written summary for each exception review that	111428
states whether resident assessment forms have been completed	111429
accurately;	111430

(c) Prohibits each health professional who conducts an	111431
exception review from doing either of the following:	111432

(i) During the period of the professional's contract or	111433
employment with the department, having or being committed to	111434
acquire any direct or indirect financial interest in the	111435
ownership, financing, or operation of ICFs/IID in this state;	111436

(ii) Reviewing any provider that has been a client of the	111437
professional.	111438

(2) For the purposes of division (D)(1)(c)(i) of this	111439
section, employment of a member of a health professional's family	111440
by an ICF/IID that the professional does not review does not	111441
constitute a direct or indirect financial interest in the	111442
ownership, financing, or operation of the ICF/IID.	111443

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	111444
be part of the direct care costs of an ~~intermediate care facility~~	111445
~~for the mentally retarded~~ICF/IID as off-site day programming if	111446
the area in which the day programming is provided is not certified	111447
by the director of health as an ~~intermediate care facility for the~~	111448
~~mentally retarded~~ICF/IID under Title XIX and regardless of either	111449
of the following:	111450

(A) Whether or not the area in which the day programming is	111451
provided is less than two hundred feet away from the ~~intermediate~~	111452
~~care facility for the mentally retarded~~ICF/IID;	111453

(B) Whether or not the day programming is provided by an	111454
individual who, or organization that, is a related party to the	111455
provider of the ~~intermediate care facility for the mentally~~	111456
~~retarded~~ICF/IID.	111457

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	111458
department of ~~job and family services~~developmental disabilities	111459
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111460
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111461
per ~~resident per~~medicaid day payment rate for indirect care	111462
costs ~~established prospectively each fiscal year for each~~	111463
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111464
ICF/IID's rate shall be determined prospectively. Subject to	111465
section 5124.28 of the Revised Code, an ICF/IID's rate ~~for each~~	111466
~~intermediate care facility for the mentally retarded~~ shall be the	111467
~~sum of the following, but shall not exceed~~lesser of the	111468
individual rate determined under division (B) of this section and	111469
the maximum rate ~~established~~determined for the ~~facility's~~	111470
ICF/IID's peer group under division ~~(B)~~(C) of this section.	111471

(B) An ICF/IID's individual rate is the sum of the following:

111472

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	111473
allowable, per diem indirect care costs from the calendar year	111474
immediately preceding the fiscal year in which the rate will be	111475
paid, adjusted for the inflation rate estimated under division	111476
~~(C)~~(D)(1) of this section;	111477

(2) AnIf the ICF/IID has more than eight beds, an efficiency	111478
incentive in the following amount:	111479

(a) For fiscal ~~years ending in even-numbered calendar years:~~

111480

~~(i) In the case of intermediate care facilities for the~~	111481
~~mentally retarded withmore than eight beds,~~year 2014, seven and	111482
one-tenth per cent of the maximum rate established for the	111483
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111484
section;	111485

~~(ii) In the case of intermediate care facilities for the~~	111486
~~mentally retarded with~~(b) For fiscal year 2015, the following	111487
amount:	111488

(i) The amount calculated for fiscal year 2014 under division	111489
(B)(2)(a) of this section if the provider of the ICF/IID obtains	111490
the department's approval to become a downsized ICF/IID and the	111491
approval is conditioned on the downsizing being completed not	111492
later than July 1, 2018;	111493

(ii) One-half of the amount calculated for fiscal year 2014	111494
under division (B)(2)(a) of this section if division (B)(2)(b)(i)	111495
of this section does not apply to the ICF/IID.	111496

(c) For fiscal year 2016 and each fiscal year thereafter	111497
ending in an even-numbered calendar year, the following	111498
percentages of the maximum rate established for the ICF/IID's peer	111499
group under division (C) of this section:	111500

(i) Seven and one-tenth per cent if the provider of the	111501
ICF/IID obtains the department's approval to become a downsized	111502
ICF/IID and the approval is conditioned on the downsizing being	111503
completed not later than July 1, 2018;	111504

(ii) Three and fifty-five hundredths per cent if division	111505
(B)(2)(c)(i) of this section does not apply to the ICF/IID.	111506

(d) For fiscal year 2017 and each fiscal year thereafter	111507
ending in an odd-numbered calendar year, the amount calculated for	111508
the immediately preceding fiscal year under division (B)(2)(c) of	111509
this section.	111510

(3) If the ICF/IID has eight or fewer beds, an efficiency	111511
incentive in the following amount:	111512

(a) For each fiscal year ending in an even-numbered calendar	111513
year, seven per cent of the maximum rate established for the	111514
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111515
section;	111516

(b) For each fiscal ~~years~~year ending in an odd-numbered	111517
calendar ~~years~~year, the amount calculated for the immediately	111518
preceding fiscal year under division ~~(A)(2)~~(B)(3)(a) of this	111519
section.	111520

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	111521
peer group of ~~intermediate care facilities for the mentally~~	111522
~~retarded~~ICFs/IID with more than eight beds ~~specified in rules~~	111523
~~adopted under division (D) of this section~~ shall be determined as	111524
follows:	111525

(a) For each fiscal ~~years~~year ending in an even-numbered	111526
calendar ~~years~~year, the maximum rate for each such peer group	111527
shall be the rate that is no less than twelve and four-tenths per	111528
cent above the median desk-reviewed, actual, allowable, per diem	111529
indirect care cost for all ~~intermediate care facilities for the~~	111530
~~mentally retarded with more than eight beds~~ICFs/IID in the peer	111531
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111532
indirect care costs for that period are more than three standard	111533
deviations from the mean desk-reviewed, actual, allowable, per	111534
diem indirect care cost for all ~~intermediate care facilities for~~	111535
~~the mentally retarded~~ICFs/IID with more than eight beds,) for the	111536
calendar year immediately preceding the fiscal year in which the	111537
rate will be paid, adjusted by the inflation rate estimated under	111538
division ~~(C)~~(D)(1) of this section.	111539

(b) For each fiscal ~~years~~year ending in an odd-numbered	111540
calendar ~~years~~year, the maximum rate for each such peer group is	111541
the peer group's maximum rate for the previous fiscal year,	111542
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	111543
of this section.	111544

(2) The maximum rate for indirect care costs for each peer	111545
group of ~~intermediate care facilities for the mentally retarded~~	111546
ICFs/IID with eight or fewer beds ~~specified in rules adopted under~~	111547
~~division (D) of this section~~ shall be determined as follows:	111548

(a) For each fiscal ~~years~~year ending in an even-numbered	111549
calendar ~~years~~year, the maximum rate for each such peer group	111550
shall be the rate that is no less than ten and three-tenths per	111551
cent above the median desk-reviewed, actual, allowable, per diem	111552
indirect care cost for all ~~intermediate care facilities for the~~	111553
~~mentally retarded with eight or fewer beds~~ICFs/IID in the peer	111554
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111555
indirect care costs are more than three standard deviations from	111556
the mean desk-reviewed, actual, allowable, per diem indirect care	111557
cost for all ~~intermediate care facilities for the mentally~~	111558
~~retarded~~ICFs/IID with eight or fewer beds,) for the calendar year	111559
immediately preceding the fiscal year in which the rate will be	111560
paid, adjusted by the inflation rate estimated under division	111561
~~(C)~~(D)(1) of this section.	111562

(b) For each fiscal ~~years that end~~year ending in an	111563
odd-numbered calendar ~~years~~year, the maximum rate for each such	111564
peer group is the peer group's maximum rate for the previous	111565
fiscal year, adjusted for the inflation rate estimated under	111566
division ~~(C)~~(D)(2) of this section.	111567

(3) The department shall not ~~recalculate~~redetermine a	111568
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	111569
(2) of this section based on additional information that it	111570
receives after the maximum rate is set. The department shall	111571
~~recalculate~~redetermine the maximum rate for indirect care costs	111572
only if it made an error in computing the maximum rate based on	111573
the information available to the department at the time of the	111574
original calculation.	111575

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	111576
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	111577
department shall estimate the rate of inflation for the	111578
eighteen-month period beginning on the first day of July of the	111579
calendar year immediately preceding the fiscal year in which the	111580
rate will be paid and ending on the thirty-first day of December	111581
of the fiscal year in which the rate will be paid. To estimate the	111582
rate of inflation, the department shall use the following:	111583

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	111584
consumer price index for all items for all urban consumers for the	111585
~~north central~~midwest region, published by the United States	111586
bureau of labor statistics;	111587

(b) If the United States bureau of labor statistics ceases to	111588
publish the index specified in division ~~(C)~~(D)(1)(a) of this	111589
section, a comparable index that the bureau publishes and the	111590
department determines is appropriate.	111591

(2) When adjusting rates for inflation under divisions	111592
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	111593
shall estimate the rate of inflation for the twelve-month period	111594
beginning on the first day of January of the fiscal year	111595
immediately preceding the fiscal year in which the rate will be	111596
paid and ending on the thirty-first day of December of the fiscal	111597
year in which the rate will be paid. To estimate the rate of	111598
inflation, the department shall use the following:	111599

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	111600
consumer price index for all items for all urban consumers for the	111601
~~north central~~midwest region, published by the United States	111602
bureau of labor statistics;	111603

(b) If the United States bureau of labor statistics ceases to	111604
publish the index specified in division ~~(C)~~(D)(2)(a) of this	111605
section, a comparable index that the bureau publishes and the	111606
department determines is appropriate.	111607

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	111608
or (2) of this section is different from the actual inflation rate	111609
for the relevant time period, as measured using the same index,	111610
the difference shall be added to or subtracted from the inflation	111611
rate estimated pursuant to this division for the following fiscal	111612
year.	111613

~~(D)~~(E) The director of ~~job and family services~~developmental	111614
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111615
the Revised Code that specify peer groups of ~~intermediate care~~	111616
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111617
beds, and peer groups of ~~intermediate care facilities for the~~	111618
~~mentally retarded~~ICFs/IID with eight or fewer beds, based on	111619
findings of significant per diem indirect care cost differences	111620
due to geography and ~~facility~~ bed-size. The rules also may specify	111621
peer groups based on findings of significant per diem indirect	111622
care cost differences due to other factors, including case-mix.	111623

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	111624
department of ~~job and family services~~developmental disabilities	111625
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111626
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111627
per ~~resident per~~medicaid day payment rate for other protected	111628
costs ~~established prospectively each fiscal year for each~~	111629
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111630
ICF/IID's rate shall be determined prospectively. An ICF/IID's	111631
rate ~~for each facility~~ shall be the ~~facility's~~ICF/IID's	111632
desk-reviewed, actual, allowable, per diem other protected costs	111633
from the calendar year immediately preceding the fiscal year in	111634
which the rate will be paid, all adjusted for the estimated	111635
inflation rate for the eighteen-month period beginning on the	111636
first day of July of the calendar year immediately preceding the	111637
fiscal year in which the rate will be paid and ending on the	111638
thirty-first day of December of that fiscal year. The department	111639
shall estimate inflation using the index specified in division (B)	111640
of this section. If the estimated inflation rate for the	111641
eighteen-month period is different from the actual inflation rate	111642
for that period, the difference shall be added to or subtracted	111643
from the inflation rate estimated for the following year.	111644

(B) The department shall use the following index for the	111645
purpose of division (A) of this section:	111646

(1) ~~The~~Subject to division (B)(2) of this section, the	111647
consumer price index for all urban consumers for nonprescription	111648
drugs and medical supplies, as published by the United States	111649
bureau of labor statistics;	111650

(2) If the United States bureau of labor statistics ceases to	111651
publish the index specified in division (B)(1) of this section,	111652
the index that is subsequently published by the bureau and covers	111653
nonprescription drugs and medical supplies.	111654

Sec. 5124.25. (A) Subject to division (D) of this section,	111655
the department of developmental disabilities may pay a medicaid	111656
rate add-on to an ICF/IID provider for outlier ICF/IID services	111657
the ICF/IID provides to qualifying ventilator-dependent residents	111658
on or after the effective date of this section, if the provider	111659
applies to the department of developmental disabilities to receive	111660
the rate add-on and the department approves the application. The	111661
department of developmental disabilities may approve a provider's	111662
application if all of the following apply:	111663

(1) The provider submits to the department of developmental	111664
disabilities a best practices protocol for providing outlier	111665
ICF/IID services under this section and the department of	111666
developmental disabilities determines that the protocol is	111667
acceptable;	111668

(2) The provider executes with the department of medicaid an	111669
addendum to its provider agreement for the ICF/IID regarding the	111670
outlier ICF/IID services;	111671

(3) The provider and ICF/IID meet all other eligibility	111672
requirements for the rate add-on established in rules authorized	111673
by this section.	111674

(B) An ICF/IID that has been approved by the department of	111675
developmental disabilities to provider outlier ICF/IID services	111676
under this section shall provide the services in accordance with	111677
both of the following:	111678

(1) The best practices protocol the department of	111679
developmental disabilities determined is acceptable;	111680

(2) Requirements regarding the services established in rules	111681
authorized by this section.	111682

(C) To qualify to receive outlier ICF/IID services from an	111683
ICF/IID under this section, a resident of the ICF/IID must be a	111684
medicaid recipient, be under twenty-two years of age, be dependent	111685
on a ventilator, and meet all other eligibility requirements	111686
established in rules authorized by this section.	111687

(D) The department of developmental disabilities shall	111688
negotiate the amount of the medicaid payment rate add-on, if any,	111689
to be paid under this section, or the method by which that amount	111690
is to be determined, with the department of medicaid. The	111691
department of developmental disabilities shall not pay the rate	111692
add-on unless the department has approved the amount of the rate	111693
add-on or method by which the amount is to be determined.	111694

Sec. 5124.28. Notwithstanding any provision of section	111695
5124.17 or 5124.21 of the Revised Code, the director of	111696
developmental disabilities may adopt rules under section 5124.03	111697
of the Revised Code that provide for the determination of a	111698
combined maximum payment limit for indirect care costs and costs	111699
of ownership for ICFs/IID with eight or fewer beds.	111700

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	111701
section ~~5111.264~~5124.30 of the Revised Code, the department of	111702
~~job and family services~~developmental disabilities, in determining	111703
whether an ~~intermediate care facility for the mentally retarded's~~	111704
ICF/IID's direct care costs and indirect care costs are allowable,	111705
shall place no limit on specific categories of reasonable costs	111706
other than compensation of owners, compensation of relatives of	111707
owners, and compensation of administrators.	111708

Compensation cost limits for owners and relatives of owners	111709
shall be based on compensation costs for individuals who hold	111710
comparable positions but who are not owners or relatives of	111711
owners, as reported on ~~facility~~ICFs/IID's cost reports. As used	111712
in this section, "comparable position" means the position that is	111713
held by the owner or the owner's relative, if that position is	111714
listed separately on the cost report form, or if the position is	111715
not listed separately, the group of positions that is listed on	111716
the cost report form and that includes the position held by the	111717
owner or the owner's relative. In the case of an owner or owner's	111718
relative who serves the ~~facility~~ICFs/IID in a capacity such as	111719
corporate officer, proprietor, or partner for which no comparable	111720
position or group of positions is listed on the cost report form,	111721
the compensation cost limit shall be based on civil service	111722
equivalents and shall be specified in rules adopted under section	111723
~~5111.02~~5124.03 of the Revised Code.	111724

Compensation cost limits for administrators shall be based on	111725
compensation costs for administrators who are not owners or	111726
relatives of owners, as reported on ~~facility~~ICFs/IID's cost	111727
reports. Compensation cost limits for administrators of four or	111728
more ~~intermediate care facilities for the mentally retarded~~	111729
ICFs/IID shall be the same as the limits for administrators of	111730
~~intermediate care facilities for the mentally retarded~~ICFs/IID	111731
with one hundred fifty or more beds.	111732

Sec. 5124.30. Except as provided in section 5124.17 of the	111733
Revised Code, the costs of goods, services, and facilities,	111734
furnished to an ICF/IID provider by a related party are includable	111735
in the allowable costs of the provider at the reasonable cost to	111736
the related party.	111737

Sec. 5124.31. The department of developmental disabilities	111738
shall adjust medicaid payment rates determined under this chapter	111739
to account for reasonable additional costs that must be incurred	111740
by ICFs/IID to comply with requirements of federal or state	111741
statutes, rules, or policies enacted or amended after January 1,	111742
1992, or with orders issued by state or local fire authorities.	111743

Sec. 5124.32. The department of developmental disabilities	111744
shall not reduce an ICF/IID's medicaid payment rate determined	111745
under this chapter on the basis that the provider charges a lower	111746
rate to any resident who is not eligible for medicaid.	111747

Sec. 5124.33. No medicaid payment shall be made to an	111748
ICF/IID provider for the day a medicaid recipient is discharged	111749
from the ICF/IID.	111750

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	111751
of developmental disabilities shall pay an ICF/IID provider ~~of an~~	111752
~~intermediate care facility for the mentally retarded under~~	111753
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	111754
~~payments to the provider, at a rate equal to the percentage~~one	111755
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	111756
~~that the department of job and family services has established~~	111757
payment rate determined for the ~~provider's facility~~ICF/IID under	111758
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	111759
~~year for which the cost of services is reimbursed,~~this chapter to	111760
reserve a bed for a resident who is a medicaid recipient ~~during a~~	111761
~~temporary absence under conditions prescribed by the department,~~	111762
~~to include hospitalization for an acute condition, visits with~~	111763
~~relatives and friends, and participation in therapeutic programs~~	111764
~~outside the facility, when the~~if all of the following apply:	111765

(1) The recipient is temporarily absent from the ICF/IID for	111766
a reason that makes the absence qualified for payments under this	111767
section as specified in rules authorized by this section;	111768

(2) The resident's plan of care provides for ~~such~~the absence	111769
~~and federal~~;	111770

(3) Federal financial participation ~~in the payments~~ is	111771
available for the payments. ~~The~~	111772

(B) The maximum period during which medicaid payments may be	111773
made to reserve a bed shall not exceed the maximum period	111774
specified ~~under~~in federal regulations, and shall not be more	111775
than thirty days during any calendar year for hospital stays,	111776
visits with relatives and friends, and participation in	111777
therapeutic ~~programs.~~	111778

~~Recipients~~programs. However, a resident shall not be subject	111779
to a maximum period during which payments may be made to reserve a	111780
bed ~~in an intermediate care facility for the mentally retarded~~ if	111781
prior authorization of the department is obtained for hospital	111782
stays, visits with relatives and friends, and participation in	111783
therapeutic programs. ~~The~~	111784

(C)(1) The director of ~~job and family services~~developmental	111785
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111786
the Revised Code ~~establishing~~as necessary to implement this	111787
section, including rules that do the following:	111788

(a) Specify the reasons for which a temporary absence from an	111789
ICF/IID makes the absence qualify for payments under this section;	111790

(b) Establish conditions under which prior authorization may	111791
be obtained for the purpose of division (B) of this section.	111792

(2) The rules authorized by division (C)(1)(a) of this	111793
section shall include the following as reasons for which a	111794
temporary absence from an ICF/IID qualifies for payments under	111795
this section:	111796

(a) Hospitalization for acute conditions;

111797

(b) Visits with relatives and friends;

111798

(c) Participation in therapeutic programs outside the	111799
ICF/IID.	111800

Sec. 5124.35. Medicaid payments may be made for ICF/IID	111801
services provided not later than thirty days after the effective	111802
date of an involuntary termination of the ICF/IID that provides	111803
the services if the services are provided to a medicaid recipient	111804
who is eligible for the services and resided in the ICF/IID before	111805
the effective date of the involuntary termination.	111806

Sec. 5124.37. The department of developmental disabilities	111807
shall make its best efforts each year to determine ICFs/IID's	111808
medicaid payment rates under this chapter in time to pay the rates	111809
by August fifteenth of each fiscal year. If the department is	111810
unable to calculate the rates so that they can be paid by that	111811
date, the department shall pay each provider the rate calculated	111812
for the provider's ICFs/IID under those sections at the end of the	111813
previous fiscal year. If the department also is unable to	111814
calculate the rates to make the payments due by the fifteenth day	111815
of September and the fifteenth day of October, the department	111816
shall pay the previous fiscal year's rate to make those payments.	111817
The department may increase by five per cent the previous fiscal	111818
year's rate paid for any ICF/IID pursuant to this section at the	111819
request of the provider. The department shall use rates calculated	111820
for the current fiscal year to make the payments due by the	111821
fifteenth day of November.	111822

If an ICF/IID's medicaid payment rate paid under this section	111823
is lower than the rate calculated for it for the current fiscal	111824
year, the department shall pay the provider the difference between	111825
the two rates for the number of days for which the provider is	111826
paid the lower rate. If an ICF/IID's medicaid payment rate paid	111827
under this section is higher than the rate calculated for it for	111828
the current fiscal year, the provider shall refund to the	111829
department the difference between the two rates for the number of	111830
days for which the provider is paid the higher rate.	111831

Sec. 5124.38. (A) The director of developmental disabilities	111832
shall establish a process under which an ICF/IID provider, or a	111833
group or association of ICF/IID providers, may seek	111834
reconsideration of medicaid payment rates established under this	111835
chapter, including a rate for direct care costs redetermined	111836
before the effective date of the rate as a result of an exception	111837
review conducted under section 5124.193 of the Revised Code.	111838
Except as provided in divisions (B) to (D) of this section, the	111839
only issue that a provider, group, or association may raise in the	111840
rate reconsideration is whether the rate was calculated in	111841
accordance with this chapter and the rules adopted under section	111842
5124.03 of the Revised Code. The provider, group, or association	111843
may submit written arguments or other materials that support its	111844
position. The provider, group, or association and department shall	111845
take actions regarding the rate reconsideration within time frames	111846
specified in rules authorized by this section.	111847

If the department determines, as a result of the rate	111848
reconsideration, that the rate established for one or more	111849
ICFs/IID is less than the rate to which the ICF/IID is entitled,	111850
the department shall increase the rate. If the department has paid	111851
the incorrect rate for a period of time, the department shall pay	111852
the provider of the ICF/IID the difference between the amount the	111853
provider was paid for that period for the ICF/IID and the amount	111854
the provider should have been paid for the ICF/IID.	111855

(B)(1) The department, through the rate reconsideration	111856
process, may increase during a fiscal year the medicaid payment	111857
rate determined for an ICF/IID under this chapter if the provider	111858
demonstrates that the ICF/IID's actual, allowable costs have	111859
increased because of any of the following extreme circumstances:	111860

(a) A natural disaster;

111861

(b) A nonextensive renovation approved under division (D) of	111862
section 5124.17 of the Revised Code;	111863

(c) If the ICF/IID has an appropriate claims management	111864
program, an increase in the ICF/IID's workers' compensation	111865
experience rating of greater than five per cent;	111866

(d) If the ICF/IID is an inner-city ICF/IID, increased	111867
security costs;	111868

(e) A change of ownership that results from bankruptcy,	111869
foreclosure, or findings by the department of health of violations	111870
of medicaid certification requirements;	111871

(f) Other extreme circumstances specified in rules authorized	111872
by this section.	111873

(2) An ICF/IID may qualify for a rate increase under this	111874
division only if its per diem, actual, allowable costs have	111875
increased to a level that exceeds its total rate. An increase	111876
under this division is subject to any rate limitations or maximum	111877
rates established by this chapter for specific cost centers. Any	111878
rate increase granted under this division shall take effect on the	111879
first day of the first month after the department receives the	111880
request.	111881

(C) The department, through the rate reconsideration process,	111882
may increase an ICF/IID's rate as determined under this chapter if	111883
the department, in the department's sole discretion, determines	111884
that the rate as determined under those sections works an extreme	111885
hardship on the ICF/IID.	111886

(D) When beds certified for the medicaid program are added to	111887
an existing ICF/IID or replaced at the same site, the department,	111888
through the rate reconsideration process, may increase the	111889
ICF/IID's rate for capital costs proportionately, as limited by	111890
any applicable limitation under section 5124.17 of the Revised	111891
Code, to account for the costs of the beds that are added or	111892
replaced. If the department makes this increase, it shall make the	111893
increase one month after the first day of the month after the	111894
department receives sufficient documentation of the costs. Any	111895
rate increase granted under this division after June 30, 1993,	111896
shall remain in effect until the effective date of a rate for	111897
capital costs determined under section 5124.17 of the Revised Code	111898
that includes costs incurred for a full calendar year for the bed	111899
addition or bed replacement. The ICF/IID shall report double	111900
accumulated depreciation in an amount equal to the depreciation	111901
included in the rate adjustment on its cost report for the first	111902
year of operation. During the term of any loan used to finance a	111903
project for which a rate adjustment is granted under this	111904
division, if the ICF/IID is operated by the same provider, the	111905
provider shall subtract from the interest costs it reports on its	111906
cost report an amount equal to the difference between the	111907
following:	111908

(1) The actual, allowable interest costs for the loan during	111909
the calendar year for which the costs are being reported;	111910

(2) The actual, allowable interest costs attributable to the	111911
loan that were used to calculate the rates paid to the provider	111912
for the ICF/IID during the same calendar year.	111913

(E) The department's decision at the conclusion of the	111914
reconsideration process is not subject to any administrative	111915
proceedings under Chapter 119. or any other provision of the	111916
Revised Code.	111917

(F) The director of developmental disabilities shall adopt	111918
rules under section 5124.03 of the Revised Code as necessary to	111919
implement this section.	111920

Sec. 5124.40. If an ICF/IID provider properly amends a cost	111921
report for an ICF/IID under section 5124.107 of the Revised Code	111922
and the amended report shows that the provider received a lower	111923
medicaid payment rate under the original cost report than the	111924
provider was entitled to receive, the department of developmental	111925
disabilities shall adjust the provider's rate for the ICF/IID	111926
prospectively to reflect the corrected information. The department	111927
shall pay the adjusted rate beginning two months after the first	111928
day of the month after the provider files the amended cost report.	111929

If the department finds, from an exception review of resident	111930
assessment data conducted pursuant to section 5124.193 of the	111931
Revised Code after the effective date of an ICF/IID's rate for	111932
direct care costs that is based on the resident assessment data,	111933
that inaccurate resident assessment data resulted in the provider	111934
receiving a lower rate for the ICF/IID than the provider was	111935
entitled to receive, the department prospectively shall adjust the	111936
provider's rate for the ICF/IID accordingly. The department shall	111937
make payments to the provider using the adjusted rate for the	111938
remainder of the calendar quarter for which the resident	111939
assessment data is used to determine the rate, beginning one month	111940
after the first day of the month after the exception review is	111941
completed.	111942

Sec. 5124.41. (A) The department of developmental	111943
disabilities shall redetermine a provider's medicaid payment rate	111944
for an ICF/IID using revised information if any of the following	111945
results in a determination that the provider received a higher	111946
medicaid payment rate for the ICF/IID than the provider was	111947
entitled to receive:	111948

(1) The provider properly amends a cost report for the	111949
ICF/IID under section 5124.107 of the Revised Code;	111950

(2) The department makes a finding based on an audit under	111951
section 5124.109 of the Revised Code;	111952

(3) The department makes a finding based on an exception	111953
review of resident assessment data conducted under section	111954
5124.193 of the Revised Code after the effective date of the	111955
ICF/IID's rate for direct care costs that is based on the resident	111956
assessment data.	111957

(B) The department shall apply the redetermined rate to the	111958
periods when the provider received the incorrect rate to determine	111959
the amount of the overpayment. The provider shall refund the	111960
amount of the overpayment. The department may charge the provider	111961
the following amount of interest from the time the overpayment was	111962
made:	111963

(1) If the overpayment resulted from costs reported for	111964
calendar year 1993, the interest shall be not greater than one and	111965
one-half times the current average bank prime rate.	111966

(2) If the overpayment resulted from costs reported for a	111967
subsequent calendar year:	111968

(a) The interest shall be not greater than two times the	111969
current average bank prime rate if the overpayment was not more	111970
than one per cent of the total medicaid payments to the provider	111971
for the fiscal year for which the incorrect information was used	111972
to determine a rate.	111973

(b) The interest shall be not greater than two and one-half	111974
times the current average bank prime rate if the overpayment was	111975
more than one per cent of the total medicaid payments to the	111976
provider for the fiscal year for which the incorrect information	111977
was used to determine a rate.	111978

Sec. 5124.42. In addition to the other penalties authorized	111979
by this chapter, the department of developmental disabilities may	111980
impose the following penalties on an ICF/IID provider:	111981

(A) If the provider does not furnish invoices or other	111982
documentation that the department requests during an audit within	111983
sixty days after the request, a fine of not more than the greater	111984
of the following:	111985

(1) One thousand dollars per audit;

111986

(2) Twenty-five per cent of the cumulative amount by which	111987
the costs for which documentation was not furnished increased the	111988
total medicaid payments to the provider during the fiscal year for	111989
which the costs were used to determine a rate.	111990

(B) If an exiting operator or owner fails to provide notice	111991
of a facility closure or voluntary termination as required by	111992
section 5124.50 of the Revised Code, or an exiting operator or	111993
owner and entering operator fail to provide notice of a change of	111994
operator as required by section 5124.51 of the Revised Code, a	111995
fine of not more than the current average bank prime rate plus	111996
four per cent of the last two monthly payments.	111997

Sec. 5124.43. For the purposes of sections 5124.41 and	111998
5124.42 of the Revised Code, the department of developmental	111999
disabilities shall determine the current average bank prime rate	112000
using statistical release H.15, "selected interest rates," a	112001
weekly publication of the federal reserve board, or any successor	112002
publication. If statistical release H.15, or its successor, ceases	112003
to contain the bank prime rate information or ceases to be	112004
published, the department shall request a written statement of the	112005
average bank prime rate from the federal reserve bank of Cleveland	112006
or the federal reserve board.	112007

Sec. 5124.44. (A) Except as provided in division (B) of this	112008
section, the department of developmental disabilities shall deduct	112009
the following from the next available medicaid payment the	112010
department makes to an ICF/IID provider who continues to	112011
participate in medicaid:	112012

(1) Any amount the provider is required to refund, and any	112013
interest charged, under section 5124.41 of the Revised Code;	112014

(2) The amount of any penalty imposed on the provider under	112015
section 5124.42 of the Revised Code.	112016

(B) The department and an ICF/IID provider may enter into an	112017
agreement under which a deduction required by division (A) of this	112018
section is taken in installments from payments the department	112019
makes to the provider.	112020

Sec. 5124.45. The department of developmental disabilities	112021
shall transmit to the treasurer of state for deposit in the	112022
general revenue fund amounts collected from the following:	112023

(A) Refunds required by, and interest charged under, section	112024
5124.41 of the Revised Code;	112025

(B) Amounts collected from penalties imposed under section	112026
5124.42 of the Revised Code.	112027

Sec. 5124.46. All of the following are subject to an	112028
adjudication conducted in accordance with Chapter 119. of the	112029
Revised Code:	112030

(A) Any audit disallowance that the department of	112031
developmental disabilities makes as the result of an audit under	112032
section 5124.109 of the Revised Code;	112033

(B) Any adverse finding that results from an exception review	112034
of resident assessment data conducted for an ICF/IID under section	112035
5124.193 of the Revised Code after the effective date of the	112036
ICF/IID's medicaid payment rate for direct care costs that is	112037
based on the resident assessment data;	112038

(C) Any medicaid payment deemed an overpayment under section	112039
5124.523 of the Revised Code;	112040

(D) Any penalty the department imposes under section 5124.42	112041
of the Revised Code or section 5124.523 of the Revised Code.	112042

Sec. 5124.50. An exiting operator or owner of an ICF/IID	112043
participating in the medicaid program shall provide the department	112044
of developmental disabilities and department of medicaid written	112045
notice of a facility closure or voluntary termination not less	112046
than ninety days before the effective date of the facility closure	112047
or voluntary termination. The written notice shall be provided to	112048
the department of developmental disabilities and department of	112049
medicaid in accordance with the method specified in rules	112050
authorized by section 5124.53 of the Revised Code.	112051

The written notice shall include all of the following:

112052

(A) The name of the exiting operator and, if any, the exiting	112053
operator's authorized agent;	112054

(B) The name of the ICF/IID that is the subject of the	112055
written notice;	112056

(C) The exiting operator's medicaid provider agreement number	112057
for the ICF/IID that is the subject of the written notice;	112058

(D) The effective date of the facility closure or voluntary	112059
termination;	112060

(E) The signature of the exiting operator's or owner's	112061
representative.	112062

Sec. 5124.51. (A) An exiting operator or owner and entering	112063
operator shall provide the department of developmental	112064
disabilities and department of medicaid written notice of a change	112065
of operator if the ICF/IID participates in the medicaid program	112066
and the entering operator seeks to continue the ICF/IID's	112067
participation. The written notice shall be provided to the	112068
department of developmental disabilities and department of	112069
medicaid in accordance with the method specified in rules	112070
authorized by section 5124.53 of the Revised Code. The written	112071
notice shall be provided to the department of developmental	112072
disabilities and department of medicaid not later than forty-five	112073
days before the effective date of the change of operator if the	112074
change of operator does not entail the relocation of residents.	112075
The written notice shall be provided to the department of	112076
developmental disabilities and department of medicaid not later	112077
than ninety days before the effective date of the change of	112078
operator if the change of operator entails the relocation of	112079
residents.	112080

The written notice shall include all of the following:

112081

(1) The name of the exiting operator and, if any, the exiting	112082
operator's authorized agent;	112083

(2) The name of the ICF/IID that is the subject of the change	112084
of operator;	112085

(3) The exiting operator's seven-digit medicaid legacy number	112086
and ten-digit national provider identifier number for the ICF/IID	112087
that is the subject of the change of operator;	112088

(4) The name of the entering operator;

112089

(5) The effective date of the change of operator;

112090

(6) The manner in which the entering operator becomes the	112091
ICF/IID's operator, including through sale, lease, merger, or	112092
other action;	112093

(7) If the manner in which the entering operator becomes the	112094
ICF/IID's operator involves more than one step, a description of	112095
each step;	112096

(8) Written authorization from the exiting operator or owner	112097
and entering operator for the department of medicaid to process a	112098
provider agreement for the entering operator;	112099

(9) The names and addresses of the persons to whom the	112100
department of developmental disabilities and department of	112101
medicaid should send initial correspondence regarding the change	112102
of operator;	112103

(10) The signature of the exiting operator's or owner's	112104
representative.	112105

(B) An exiting operator or owner and entering operator	112106
immediately shall provide the department of developmental	112107
disabilities and department of medicaid notice of any changes to	112108
information included in a written notice of a change of operator	112109
that occur after that notice is provided to the department of	112110
developmental disabilities and department of medicaid. The notice	112111
of the changes shall be provided to the department of	112112
developmental disabilities and department of medicaid in	112113
accordance with the method specified in rules authorized by	112114
section 5124.53 of the Revised Code.	112115

Sec. 5124.511. The department of medicaid may enter into a	112116
provider agreement with an entering operator that goes into effect	112117
at 12:01 a.m. on the effective date of the change of operator if	112118
all of the following requirements are met:	112119

(A) The department receives a properly completed written	112120
notice required by section 5124.51 of the Revised Code on or	112121
before the date required by that section.	112122

(B) The department receives both of the following in	112123
accordance with the method specified in rules authorized by	112124
section 5124.53 of the Revised Code and not later than ten days	112125
after the effective date of the change of operator:	112126

(1) From the entering operator, a completed application for a	112127
provider agreement and all other forms and documents specified in	112128
rules authorized by section 5124.53 of the Revised Code;	112129

(2) From the exiting operator or owner, all forms and	112130
documents specified in rules authorized by section 5124.53 of the	112131
Revised Code.	112132

(C) The entering operator is eligible to enter into a	112133
provider agreement for the ICF/IID as provided in section 5124.06	112134
of the Revised Code.	112135

Sec. 5124.512. (A) The department of medicaid may enter into	112136
a provider agreement with an entering operator that goes into	112137
effect at 12:01 a.m. on the date determined under division (B) of	112138
this section if all of the following are the case:	112139

(1) The department receives a properly completed written	112140
notice required by section 5124.51 of the Revised Code.	112141

(2) The department receives, from the entering operator and	112142
in accordance with the method specified in rules authorized by	112143
section 5124.53 of the Revised Code, a completed application for a	112144
provider agreement and all other forms and documents specified in	112145
rules adopted under that section.	112146

(3) The department receives, from the exiting operator or	112147
owner and in accordance with the method specified in rules	112148
authorized by section 5124.53 of the Revised Code, all forms and	112149
documents specified in rules adopted under that section.	112150

(4) One or more of the following apply:

112151

(a) The requirement of division (A)(1) of this section is met	112152
after the time required by section 5124.51 of the Revised Code;	112153

(b) The requirement of division (A)(2) of this section is met	112154
more than ten days after the effective date of the change of	112155
operator;	112156

(c) The requirement of division (A)(3) of this section is met	112157
more than ten days after the effective date of the change of	112158
operator.	112159

(5) The entering operator is eligible to enter into a	112160
provider agreement for the ICF/IID as provided in section 5124.06	112161
of the Revised Code.	112162

(B) The department shall determine the date a provider	112163
agreement entered into under this section is to go into effect as	112164
follows:	112165

(1) The effective date shall give the department sufficient	112166
time to process the change of operator and give the department	112167
sufficient time to assure no duplicate payments are made and make	112168
the withholding required by section 5124.521 of the Revised Code.	112169

(2) The effective date shall be not earlier than the latest	112170
of the following:	112171

(a) The effective date of the change of operator;

112172

(b) The date that the entering operator complies with section	112173
5124.51 of the Revised Code and division (A)(2) of this section;	112174

(c) The date that the exiting operator or owner complies with	112175
section 5124.51 of the Revised Code and division (A)(3) of this	112176
section.	112177

(3) The effective date shall be not later than the following	112178
after the later of the dates specified in division (B)(2) of this	112179
section:	112180

(a) Forty-five days if the change of operator does not entail	112181
the relocation of residents;	112182

(b) Ninety days if the change of operator entails the	112183
relocation of residents.	112184

Sec. 5124.513. A provider that enters into a provider	112185
agreement with the department of medicaid under section 5124.511	112186
or 5124.512 of the Revised Code shall do all of the following:	112187

(A) Comply with all applicable federal statutes and	112188
regulations;	112189

(B) Comply with section 5124.07 of the Revised Code and all	112190
other applicable state statutes and rules;	112191

(C) Comply with all the terms and conditions of the exiting	112192
operator's provider agreement, including all of the following:	112193

(1) Any plan of correction;

112194

(2) Compliance with health and safety standards;

112195

(3) Compliance with the ownership and financial interest	112196
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	112197

(4) Compliance with the civil rights requirements of 45	112198
C.F.R. parts 80, 84, and 90;	112199

(5) Compliance with additional requirements imposed by the	112200
department;	112201

(6) Any sanctions relating to remedies for violation of the	112202
provider agreement, including deficiencies, compliance periods,	112203
accountability periods, monetary penalties, notification for	112204
correction of contract violations, and history of deficiencies.	112205

Sec. 5124.514. In the case of a change of operator, the	112206
exiting operator shall be considered to be the operator of the	112207
ICF/IID for purposes of the medicaid program, including medicaid	112208
payments, until the effective date of the entering operator's	112209
provider agreement if the provider agreement is entered into under	112210
section 5124.511 or 5124.512 of the Revised Code.	112211

Sec. 5124.515. The department of medicaid may enter into a	112212
provider agreement as provided in section 5124.07 of the Revised	112213
Code, rather than section 5124.511 or 5124.512 of the Revised	112214
Code, with an entering operator if the entering operator does not	112215
agree to a provider agreement that satisfies the requirements of	112216
division (C) of section 5124.513 of the Revised Code. The	112217
department may not enter into the provider agreement unless the	112218
department of health certifies the ICF/IID under Title XIX. The	112219
effective date of the provider agreement shall not precede any of	112220
the following:	112221

(A) The date that the department of health certifies the	112222
ICF/IID;	112223

(B) The effective date of the change of operator;

112224

(C) The date the requirement of section 5124.51 of the	112225
Revised Code is satisfied.	112226

Sec. 5124.516. The director of developmental disabilities	112227
may adopt rules under section 5124.03 of the Revised Code	112228
governing adjustments to the medicaid reimbursement rate for an	112229
ICF/IID that undergoes a change of operator. No rate adjustment	112230
resulting from a change of operator shall be effective before the	112231
effective date of the entering operator's provider agreement. This	112232
is the case regardless of whether the provider agreement is	112233
entered into under section 5124.511, section 5124.512, or,	112234
pursuant to section 5124.515, section 5124.07 of the Revised Code.	112235

Sec. 5124.517. The department of developmental disabilities'	112236
determination that a change of operator has or has not occurred	112237
for purposes of licensure under section 5123.19 of the Revised	112238
Code shall not affect either of the following:	112239

(A) A determination by the department of developmental	112240
disabilities or department of medicaid of whether or when a change	112241
of operator occurs;	112242

(B) The department of medicaid's determination of the	112243
effective date of an entering operator's provider agreement under	112244
section 5124.511, section 5124.512, or, pursuant to section	112245
5124.515, section 5124.07 of the Revised Code.	112246

Sec. 5124.52. (A) On receipt of a written notice under	112247
section 5124.50 of the Revised Code of a facility closure or	112248
voluntary termination, on receipt of a written notice under	112249
section 5124.51 of the Revised Code of a change of operator, or on	112250
the effective date of an involuntary termination, the department	112251
of developmental disabilities shall estimate the amount of any	112252
overpayments made under the medicaid program to the exiting	112253
operator, including overpayments the exiting operator disputes,	112254
and other actual and potential debts the exiting operator owes or	112255
may owe to the department and United States centers for medicare	112256
and medicaid services under the medicaid program, including a	112257
franchise permit fee.	112258

(B) In estimating the exiting operator's other actual and	112259
potential debts to the department and the United States centers	112260
for medicare and medicaid services under the medicaid program, the	112261
department shall use a debt estimation methodology the director of	112262
developmental disabilities shall establish in rules authorized by	112263
section 5124.53 of the Revised Code. The methodology shall provide	112264
for estimating all of the following that the department determines	112265
are applicable:	112266

(1) Refunds due the department under section 5124.41 of the	112267
Revised Code;	112268

(2) Interest owed to the department and United States centers	112269
for medicare and medicaid services;	112270

(3) Final civil monetary and other penalties for which all	112271
right of appeal has been exhausted;	112272

(4) Money owed the department and United States centers for	112273
medicare and medicaid services from any outstanding final fiscal	112274
audit, including a final fiscal audit for the last fiscal year or	112275
portion thereof in which the exiting operator participated in the	112276
medicaid program;	112277

(5) Other amounts the department determines are applicable.

112278

(C) The department shall provide the exiting operator written	112279
notice of the department's estimate under division (A) of this	112280
section not later than thirty days after the department receives	112281
the notice under section 5124.50 of the Revised Code of the	112282
facility closure or voluntary termination; the department receives	112283
the notice under section 5124.51 of the Revised Code of the change	112284
of operator; or the effective date of the involuntary termination.	112285
The department's written notice shall include the basis for the	112286
estimate.	112287

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	112288
and (D) of this section, the department of developmental	112289
disabilities may withhold from payment due an exiting operator	112290
under the medicaid program the total amount specified in the	112291
notice provided under division (C) of section 5124.52 of the	112292
Revised Code that the exiting operator owes or may owe to the	112293
department and United States centers for medicare and medicaid	112294
services under the medicaid program.	112295

(B) In the case of a change of operator and subject to	112296
division (E) of this section, the following shall apply regarding	112297
a withholding under division (A) of this section if the exiting	112298
operator or entering operator or an affiliated operator executes a	112299
successor liability agreement meeting the requirements of division	112300
(F) of this section:	112301

(1) If the exiting operator, entering operator, or affiliated	112302
operator assumes liability for the total, actual amount of debt	112303
the exiting operator owes the department and the United States	112304
centers for medicare and medicaid services under the medicaid	112305
program as determined under section 5124.525 of the Revised Code,	112306
the department shall not make the withholding.	112307

(2) If the exiting operator, entering operator, or affiliated	112308
operator assumes liability for only the portion of the amount	112309
specified in division (B)(1) of this section that represents the	112310
franchise permit fee the exiting operator owes, the department	112311
shall withhold not more than the difference between the total	112312
amount specified in the notice provided under division (C) of	112313
section 5124.52 of the Revised Code and the amount for which the	112314
exiting operator, entering operator, or affiliated operator	112315
assumes liability.	112316

(C) In the case of a voluntary termination or facility	112317
closure and subject to division (E) of this section, the following	112318
shall apply regarding a withholding under division (A) of this	112319
section if the exiting operator or an affiliated operator executes	112320
a successor liability agreement meeting the requirements of	112321
division (F) of this section:	112322

(1) If the exiting operator or affiliated operator assumes	112323
liability for the total, actual amount of debt the exiting	112324
operator owes the department and the United States centers for	112325
medicare and medicaid services under the medicaid program as	112326
determined under section 5124.525 of the Revised Code, the	112327
department shall not make the withholding.	112328

(2) If the exiting operator or affiliated operator assumes	112329
liability for only the portion of the amount specified in division	112330
(C)(1) of this section that represents the franchise permit fee	112331
the exiting operator owes, the department shall withhold not more	112332
than the difference between the total amount specified in the	112333
notice provided under division (C) of section 5124.52 of the	112334
Revised Code and the amount for which the exiting operator or	112335
affiliated operator assumes liability.	112336

(D) In the case of an involuntary termination and subject to	112337
division (E) of this section, the following shall apply regarding	112338
a withholding under division (A) of this section if the exiting	112339
operator, the entering operator, or an affiliated operator	112340
executes a successor liability agreement meeting the requirements	112341
of division (F) of this section and the department approves the	112342
successor liability agreement:	112343

(1) If the exiting operator, entering operator, or affiliated	112344
operator assumes liability for the total, actual amount of debt	112345
the exiting operator owes the department and the United States	112346
centers for medicare and medicaid services under the medicaid	112347
program as determined under section 5124.525 of the Revised Code,	112348
the department shall not make the withholding.	112349

(2) If the exiting operator, entering operator, or affiliated	112350
operator assumes liability for only the portion of the amount	112351
specified in division (D)(1) of this section that represents the	112352
franchise permit fee the exiting operator owes, the department	112353
shall withhold not more than the difference between the total	112354
amount specified in the notice provided under division (C) of	112355
section 5124.52 of the Revised Code and the amount for which the	112356
exiting operator, entering operator, or affiliated operator	112357
assumes liability.	112358

(E) For an exiting operator or affiliated operator to be	112359
eligible to enter into a successor liability agreement under	112360
division (B), (C), or (D) of this section, both of the following	112361
must apply:	112362

(1) The exiting operator or affiliated operator must have one	112363
or more valid provider agreements, other than the provider	112364
agreement for the ICF/IID that is the subject of the involuntary	112365
termination, voluntary termination, facility closure, or change of	112366
operator;	112367

(2) During the twelve-month period preceding either the	112368
effective date of the involuntary termination or the month in	112369
which the department receives the notice of the voluntary	112370
termination or facility closure under section 5124.50 of the	112371
Revised Code or the notice of the change of operator under section	112372
5124.51 of the Revised Code, the average monthly medicaid payment	112373
made to the exiting operator or affiliated operator pursuant to	112374
the exiting operator's or affiliated operator's one or more	112375
provider agreements, other than the provider agreement for the	112376
ICF/IID that is the subject of the involuntary termination,	112377
voluntary termination, facility closure, or change of operator,	112378
must equal at least ninety per cent of the sum of the following:	112379

(a) The average monthly medicaid payment made to the exiting	112380
operator pursuant to the exiting operator's provider agreement for	112381
the ICF/IID that is the subject of the involuntary termination,	112382
voluntary termination, facility closure, or change of operator;	112383

(b) Whichever of the following apply:

112384

(i) If the exiting operator or affiliated operator has	112385
assumed liability under one or more other successor liability	112386
agreements, the total amount for which the exiting operator or	112387
affiliated operator has assumed liability under the other	112388
successor liability agreements;	112389

(ii) If the exiting operator or affiliated operator has not	112390
assumed liability under any other successor liability agreements,	112391
zero.	112392

(F) A successor liability agreement executed under this	112393
section must comply with all of the following:	112394

(1) It must provide for the operator who executes the	112395
successor liability agreement to assume liability for either of	112396
the following as specified in the agreement:	112397

(a) The total, actual amount of debt the exiting operator	112398
owes the department and the United States centers for medicare and	112399
medicaid services under the medicaid program as determined under	112400
section 5124.525 of the Revised Code;	112401

(b) The portion of the amount specified in division (F)(1)(a)	112402
of this section that represents the franchise permit fee the	112403
exiting operator owes.	112404

(2) It may not require the operator who executes the	112405
successor liability agreement to furnish a surety bond.	112406

(3) It must provide that the department, after determining	112407
under section 5124.525 of the Revised Code the actual amount of	112408
debt the exiting operator owes the department and United States	112409
centers for medicare and medicaid services under the medicaid	112410
program, may deduct the lesser of the following from medicaid	112411
payments made to the operator who executes the successor liability	112412
agreement:	112413

(a) The total, actual amount of debt the exiting operator	112414
owes the department and the United States centers for medicare and	112415
medicaid services under the medicaid program as determined under	112416
section 5124.525 of the Revised Code;	112417

(b) The amount for which the operator who executes the	112418
successor liability agreement assumes liability under the	112419
agreement.	112420

(4) It must provide that the deductions authorized by	112421
division (F)(3) of this section are to be made for a number of	112422
months, not to exceed six, agreed to by the operator who executes	112423
the successor liability agreement and the department or, if the	112424
operator who executes the successor liability agreement and	112425
department cannot agree on a number of months that is less than	112426
six, a greater number of months determined by the attorney general	112427
pursuant to a claims collection process authorized by statute of	112428
this state.	112429

(5) It must provide that, if the attorney general determines	112430
the number of months for which the deductions authorized by	112431
division (F)(3) of this section are to be made, the operator who	112432
executes the successor liability agreement shall pay, in addition	112433
to the amount collected pursuant to the attorney general's claims	112434
collection process, the part of the amount so collected that, if	112435
not for division (H) of this section, would be required by section	112436
109.081 of the Revised Code to be paid into the attorney general	112437
claims fund.	112438

(G) Execution of a successor liability agreement does not	112439
waive an exiting operator's right to contest the amount specified	112440
in the notice the department provides the exiting operator under	112441
division (C) of section 5124.52 of the Revised Code.	112442

(H) Notwithstanding section 109.081 of the Revised Code, the	112443
entire amount that the attorney general, whether by employees or	112444
agents of the attorney general or by special counsel appointed	112445
pursuant to section 109.08 of the Revised Code, collects under a	112446
successor liability agreement, other than the additional amount	112447
the operator who executes the agreement is required by division	112448
(F)(5) of this section to pay, shall be paid to the department of	112449
developmental disabilities for deposit into the appropriate fund.	112450
The additional amount that the operator is required to pay shall	112451
be paid into the state treasury to the credit of the attorney	112452
general claims fund created under section 109.081 of the Revised	112453
Code.	112454

Sec. 5124.522. (A) Except as provided in division (B) of	112455
this section, an exiting operator shall file with the department	112456
of developmental disabilities a cost report not later than ninety	112457
days after the last day the exiting operator's provider agreement	112458
is in effect. The cost report shall cover the period that begins	112459
with the day after the last day covered by the operator's most	112460
recent previous cost report filed under section 5124.10 or	112461
5124.101 of the Revised Code and ends on the last day the exiting	112462
operator's provider agreement is in effect. The cost report shall	112463
include, as applicable, all of the following:	112464

(1) The sale price of the ICF/IID;

112465

(2) A final depreciation schedule that shows which assets are	112466
transferred to the buyer and which assets are not transferred to	112467
the buyer;	112468

(3) Any other information the department requires.

112469

(B) The department, at its sole discretion, may waive the	112470
requirement that an exiting operator file a cost report in	112471
accordance with division (A) of this section.	112472

Sec. 5124.523. If an exiting operator required by section	112473
5124.522 of the Revised Code to file a cost report with the	112474
department of developmental disabilities fails to file the cost	112475
report in accordance with that section, all payments under the	112476
medicaid program for the period the cost report is required to	112477
cover are deemed overpayments until the date the department	112478
receives the properly completed cost report. The department may	112479
impose on the exiting operator a penalty of one hundred dollars	112480
for each calendar day the properly completed cost report is late.	112481

Sec. 5124.524. The department of developmental disabilities	112482
may not provide an exiting operator final payment under the	112483
medicaid program until the department receives all properly	112484
completed cost reports the exiting operator is required to file	112485
under sections 5124.10 and 5124.522 of the Revised Code.	112486

Sec. 5124.525. The department of developmental disabilities	112487
shall determine the actual amount of debt an exiting operator owes	112488
the department and the United States centers for medicare and	112489
medicaid services under the medicaid program by completing all	112490
final fiscal audits not already completed and performing all other	112491
appropriate actions the department determines to be necessary. The	112492
department shall issue an initial debt summary report on this	112493
matter not later than sixty days after the date the exiting	112494
operator files the properly completed cost report required by	112495
section 5124.522 of the Revised Code with the department or, if	112496
the department waives the cost report requirement for the exiting	112497
operator, sixty days after the date the department waives the cost	112498
report requirement. The initial debt summary report becomes the	112499
final debt summary report thirty-one days after the department	112500
issues the initial debt summary report unless the exiting	112501
operator, or an affiliated operator who executes a successor	112502
liability agreement under section 5124.521 of the Revised Code,	112503
requests a review before that date.	112504

The exiting operator, and an affiliated operator who executes	112505
a successor liability agreement under section 5124.521 of the	112506
Revised Code, may request a review to contest any of the	112507
department's findings included in the initial debt summary report.	112508
The request for the review must be submitted to the department not	112509
later than thirty days after the date the department issues the	112510
initial debt summary report. The department shall conduct the	112511
review on receipt of a timely request and issue a revised debt	112512
summary report. If the department has withheld money from payment	112513
due the exiting operator under division (A) of section 5124.521 of	112514
the Revised Code, the department shall issue the revised debt	112515
summary report not later than ninety days after the date the	112516
department receives the timely request for the review unless the	112517
department and exiting operator or affiliated operator agree to a	112518
later date. The exiting operator or affiliated operator may submit	112519
information to the department explaining what the operator	112520
contests before and during the review, including documentation of	112521
the amount of any debt the department owes the operator. The	112522
exiting operator or affiliated operator may submit additional	112523
information to the department not later than thirty days after the	112524
department issues the revised debt summary report. The revised	112525
debt summary report becomes the final debt summary report	112526
thirty-one days after the department issues the revised debt	112527
summary report unless the exiting operator or affiliated operator	112528
timely submits additional information to the department. If the	112529
exiting operator or affiliated operator timely submits additional	112530
information to the department, the department shall consider the	112531
additional information and issue a final debt summary report not	112532
later than sixty days after the department issues the revised debt	112533
summary report unless the department and exiting operator or	112534
affiliated operator agree to a later date.	112535

Each debt summary report the department issues under this	112536
section shall include the department's findings and the amount of	112537
debt the department determines the exiting operator owes the	112538
department and United States centers for medicare and medicaid	112539
services under the medicaid program. The department shall explain	112540
its findings and determination in each debt summary report.	112541

The exiting operator, and an affiliated operator who executes	112542
a successor liability agreement under section 5124.521 of the	112543
Revised Code, may request, in accordance with Chapter 119. of the	112544
Revised Code, an adjudication regarding a finding in a final debt	112545
summary report that pertains to an audit or alleged overpayment	112546
made under the medicaid program to the exiting operator. The	112547
adjudication shall be consolidated with any other uncompleted	112548
adjudication that concerns a matter addressed in the final debt	112549
summary report.	112550

Sec. 5124.526. The department of developmental disabilities	112551
shall release the actual amount withheld under division (A) of	112552
section 5124.521 of the Revised Code, less any amount the exiting	112553
operator owes the department and United States centers for	112554
medicare and medicaid services under the medicaid program, as	112555
follows:	112556

(A) Unless the department issues the initial debt summary	112557
report required by section 5124.525 of the Revised Code not later	112558
than sixty days after the date the exiting operator files the	112559
properly completed cost report required by section 5124.522 of the	112560
Revised Code, sixty-one days after the date the exiting operator	112561
files the properly completed cost report;	112562

(B) If the department issues the initial debt summary report	112563
required by section 5124.525 of the Revised Code not later than	112564
sixty days after the date the exiting operator files a properly	112565
completed cost report required by section 5124.522 of the Revised	112566
Code, not later than the following:	112567

(1) Thirty days after the deadline for requesting an	112568
adjudication under section 5124.525 of the Revised Code regarding	112569
the final debt summary report if the exiting operator, and an	112570
affiliated operator who executes a successor liability agreement	112571
under section 5124.521 of the Revised Code, fail to request the	112572
adjudication on or before the deadline;	112573

(2) Thirty days after the completion of an adjudication of	112574
the final debt summary report if the exiting operator, or an	112575
affiliated operator who executes a successor liability agreement	112576
under section 5124.521 of the Revised Code, requests the	112577
adjudication on or before the deadline for requesting the	112578
adjudication.	112579

(C) Unless the department issues the initial debt summary	112580
report required by section 5124.525 of the Revised Code not later	112581
than sixty days after the date the department waives the cost	112582
report requirement of section 5124.522 of the Revised Code,	112583
sixty-one days after the date the department waives the cost	112584
report requirement;	112585

(D) If the department issues the initial debt summary report	112586
required by section 5124.525 of the Revised Code not later than	112587
sixty days after the date the department waives the cost report	112588
requirement of section 5124.522 of the Revised Code, not later	112589
than the following:	112590

(1) Thirty days after the deadline for requesting an	112591
adjudication under section 5124.525 of the Revised Code regarding	112592
the final debt summary report if the exiting operator, and an	112593
affiliated operator who executes a successor liability agreement	112594
under section 5124.521 of the Revised Code, fail to request the	112595
adjudication on or before the deadline;	112596

(2) Thirty days after the completion of an adjudication of	112597
the final debt summary report if the exiting operator, or an	112598
affiliated operator who executes a successor liability agreement	112599
under section 5124.521 of the Revised Code, requests the	112600
adjudication on or before the deadline for requesting the	112601
adjudication.	112602

Sec. 5124.527. The department of developmental disabilities,	112603
at its sole discretion, may release the amount withheld under	112604
division (A) of section 5124.521 of the Revised Code if the	112605
exiting operator submits to the department written notice of a	112606
postponement of a change of operator, facility closure, or	112607
voluntary termination and the transactions leading to the change	112608
of operator, facility closure, or voluntary termination are	112609
postponed for at least thirty days but less than ninety days after	112610
the date originally proposed for the change of operator, facility	112611
closure, or voluntary termination as reported in the written	112612
notice required by section 5124.50 or 5124.51 of the Revised Code.	112613
The department shall release the amount withheld if the exiting	112614
operator submits to the department written notice of a	112615
cancellation or postponement of a change of operator, facility	112616
closure, or voluntary termination and the transactions leading to	112617
the change of operator, facility closure, or voluntary termination	112618
are canceled or postponed for more than ninety days after the date	112619
originally proposed for the change of operator, facility closure,	112620
or voluntary termination as reported in the written notice	112621
required by section 5124.50 or 5124.51 of the Revised Code. A	112622
written notice shall be provided to the department in accordance	112623
with the method specified in rules authorized by section 5124.53	112624
of the Revised Code.	112625

After the department receives a written notice regarding a	112626
cancellation or postponement of a facility closure or voluntary	112627
termination, the exiting operator or owner shall provide new	112628
written notice to the department under section 5124.50 of the	112629
Revised Code regarding any transactions leading to a facility	112630
closure or voluntary termination at a future time. After the	112631
department receives a written notice regarding a cancellation or	112632
postponement of a change of operator, the exiting operator or	112633
owner and entering operator shall provide new written notice to	112634
the department under section 5124.51 of the Revised Code regarding	112635
any transactions leading to a change of operator at a future time.	112636

Sec. 5124.528. (A) All amounts withheld under section	112637
5124.521 of the Revised Code from payment due an exiting operator	112638
under the medicaid program shall be deposited into the medicaid	112639
payment withholding fund created by the controlling board pursuant	112640
to section 131.35 of the Revised Code. Money in the fund shall be	112641
used as follows:	112642

(1) To pay an exiting operator when a withholding is released	112643
to the exiting operator under section 5124.526 or 5124.527 of the	112644
Revised Code;	112645

(2) To pay the department of medicaid or department of	112646
developmental disabilities, and United States centers for medicare	112647
and medicaid services, the amount an exiting operator owes the	112648
department of medicaid or department of developmental disabilities	112649
and United States centers under the medicaid program.	112650

(B) Amounts paid from the medicaid payment withholding fund	112651
pursuant to division (A)(2) of this section shall be deposited	112652
into the appropriate fund.	112653

Sec. 5124.53. The director of developmental disabilities	112654
shall adopt rules under section 5124.03 of the Revised Code to	112655
implement sections 5124.50 to 5124.53 of the Revised Code. The	112656
rules shall specify all of the following:	112657

(A) The method by which written notices to the department	112658
required by sections 5124.50 to 5124.53 of the Revised Code are to	112659
be provided;	112660

(B) The forms and documents that are to be provided to the	112661
department under sections 5124.511 and 5124.512 of the Revised	112662
Code, which shall include, in the case of such forms and documents	112663
provided by entering operators, all the fully executed leases,	112664
management agreements, merger agreements and supporting documents,	112665
and fully executed sales contracts and any other supporting	112666
documents culminating in the change of operator;	112667

(C) The method by which the forms and documents identified in	112668
division (B) of this section are to be provided to the department.	112669

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	112670
~~5111.8710 of the Revised Code:~~	112671

~~"Home and community-based services" has the same meaning as~~	112672
~~in section 5123.01 of the Revised Code.~~	112673

~~"ICF/MR services" means intermediate care facility for the~~	112674
~~mentally retarded services covered by the medicaid program that an~~	112675
~~intermediate care facility for the mentally retarded provides to a~~	112676
~~resident of the facility who is a medicaid recipient eligible for~~	112677
~~medicaid-covered intermediate care facility for the mentally~~	112678
~~retarded services.~~	112679

~~"Intermediate care facility for the mentally retarded" means~~	112680
~~an intermediate care facility for the mentally retarded that is~~	112681
~~certified as in compliance with applicable standards for the~~	112682
~~medicaid program by the director of health in accordance with~~	112683
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	112684
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	112685
~~under section 5123.19 of the Revised Code.~~	112686

~~"Residential facility" has the same meaning as in section~~	112687
~~5123.19 of the Revised Code.~~	112688

~~(B)~~ For the purpose of increasing the number of slots	112689
available for home and community-based services and subject to	112690
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	112691
Code, the operator of an ~~intermediate care facility for the~~	112692
~~mentally retarded~~ICF/IID may convert some or all of the beds in	112693
the ~~facility~~ICF/IID from providing ~~ICF/MR~~ICF/IID services to	112694
providing home and community-based services if all of the	112695
following requirements are met:	112696

(1) The operator provides the directors of health and	112697
developmental disabilities at least ninety days' notice of the	112698
operator's intent to make the conversion.	112699

(2) The operator complies with the requirements of sections	112700
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112701
a voluntary termination ~~as defined in section 5111.65 of the~~	112702
~~Revised Code~~ if those requirements are applicable.	112703

(3) If the operator intends to convert all of the ~~facility's~~	112704
ICF/IID's beds, the operator notifies each of the ~~facility's~~	112705
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112706
providing ~~ICF/MR~~ICF/IID services and inform each resident that	112707
the resident may do either of the following:	112708

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112709
transferring to another ~~facility~~ICF/IID that is ~~an intermediate~~	112710
~~care facility for the mentally retarded~~ willing and able to accept	112711
the resident if the resident continues to qualify for ~~ICF/MR~~	112712
ICF/IID services;	112713

(b) Begin to receive home and community-based services	112714
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112715
community-based services that is willing and able to provide the	112716
services to the resident if the resident is eligible for the	112717
services and a slot for the services is available to the resident.	112718

(4) If the operator intends to convert some but not all of	112719
the ~~facility's~~ICF/IID's beds, the operator notifies each of the	112720
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112721
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112722
providing home and community-based services and inform each	112723
resident that the resident may do either of the following:	112724

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112725
~~provider of services ICF/MR~~ICF/IID that is willing and able to	112726
provide the services to the resident if the resident continues to	112727
qualify for ~~ICF/MR~~ICF/IID services;	112728

(b) Begin to receive home and community-based services	112729
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112730
community-based services that is willing and able to provide the	112731
services to the resident if the resident is eligible for the	112732
services and a slot for the services is available to the resident.	112733

(5) The operator meets the requirements for providing home	112734
and community-based services, including the following:	112735

(a) Such requirements applicable to a residential facility if	112736
the operator maintains the facility's license as a residential	112737
facility;	112738

(b) Such requirements applicable to a facility that is not	112739
licensed as a residential facility if the operator surrenders the	112740
facility's license as a residential facility under section 5123.19	112741
of the Revised Code.	112742

(6) The director of developmental disabilities approves the	112743
conversion.	112744

~~(C)~~(B) A decision by the director of developmental	112745
disabilities to approve or refuse to approve a proposed conversion	112746
of beds is final. In making a decision, the director shall	112747
consider all of the following:	112748

(1) The fiscal impact on the ~~facility~~ICF/IID if some but not	112749
all of the beds are converted;	112750

(2) The fiscal impact on the ~~medical assistance~~medicaid	112751
program;	112752

(3) The availability of home and community-based services.

112753

~~(D)~~(C) The notice provided to the directors under division	112754
~~(B)~~(A)(1) of this section shall specify whether some or all of the	112755
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112756
of the beds are to be converted, the notice shall specify how many	112757
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112758
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112759
The notice to the director of developmental disabilities shall	112760
specify whether the operator wishes to surrender the ~~facility's~~	112761
ICF/IID's license as a residential facility under section 5123.19	112762
of the Revised Code.	112763

~~(E)~~(D)(1) If the director of developmental disabilities	112764
approves a conversion under division ~~(C)~~(B) of this section, the	112765
director of health shall do the following:	112766

(a) Terminate the ICF/IID's medicaid certification ~~of the~~	112767
~~intermediate care facility for the mentally retarded~~ if the notice	112768
specifies that all of the ~~facility's~~ICF/IID's beds are to be	112769
converted;	112770

(b) Reduce the ~~facility's certified~~ICF/IID's	112771
medicaid-certified capacity by the number of beds being converted	112772
if the notice specifies that some but not all of the beds are to	112773
be converted.	112774

(2) The director of health shall notify the medicaid director	112775
~~of job and family services~~ of the termination or reduction. On	112776
receipt of the ~~director of health's~~ notice, the medicaid director	112777
~~of job and family services~~ shall do the following:	112778

(a) Terminate the operator's medicaid provider agreement that	112779
authorizes the operator to provide ~~ICF/MR~~ICF/IID services at the	112780
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's certification was	112781
terminated;	112782

(b) Amend the operator's medicaid provider agreement to	112783
reflect the ~~facility's~~ICF/IID's reduced ~~certified~~	112784
medicaid-certified capacity if the ~~facility's certified~~ICF/IID's	112785
medicaid-certified capacity is reduced.	112786

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	112787
of this section, the operator is not entitled to notice or a	112788
hearing under Chapter 119. of the Revised Code before the medicaid	112789
director ~~of job and family services~~ terminates the medicaid	112790
provider agreement.	112791

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	112792
number of slots available for home and community-based services	112793
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	112794
the Revised Code, a person who acquires, through a request for	112795
proposals issued by the director of developmental disabilities, a	112796
~~residential facility that is an intermediate care facility for the~~	112797
~~mentally retarded and~~an ICF/IID for which ~~the~~a residential	112798
facility license ~~as a residential facility~~ was previously	112799
surrendered or revoked may convert some or all of the ~~facility's~~	112800
ICF/IID's beds from providing ~~ICF/MR~~ICF/IID services to providing	112801
home and community-based services if all of the following	112802
requirements are met:	112803

(1) The person provides the directors of health~~, job and~~	112804
~~family services,~~ and developmental disabilities and medicaid	112805
director at least ninety days' notice of the person's intent to	112806
make the conversion.	112807

(2) The person complies with the requirements of sections	112808
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112809
a voluntary termination ~~as defined in section 5111.65 of the~~	112810
~~Revised Code~~ if those requirements are applicable.	112811

(3) If the person intends to convert all of the ~~facility's~~	112812
ICF/IID's beds, the person notifies each of the ~~facility's~~	112813
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112814
providing ~~ICF/MR~~ICF/IID services and informs each resident that	112815
the resident may do either of the following:	112816

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112817
transferring to another ~~facility that is an intermediate care~~	112818
~~facility for the mentally retarded~~ICF/IID willing and able to	112819
accept the resident if the resident continues to qualify for	112820
~~ICF/MR~~ICF/IID services;	112821

(b) Begin to receive home and community-based services	112822
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112823
community-based services that is willing and able to provide the	112824
services to the resident if the resident is eligible for the	112825
services and a slot for the services is available to the resident.	112826

(4) If the person intends to convert some but not all of the	112827
~~facility's~~ICF/IID's beds, the person notifies each of the	112828
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112829
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112830
providing home and community-based services and inform each	112831
resident that the resident may do either of the following:	112832

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112833
~~provider of ICF/MR services~~ that is willing and able to provide	112834
the services to the resident if the resident continues to qualify	112835
for ~~ICF/MR~~ICF/IID services;	112836

(b) Begin to receive home and community-based services	112837
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112838
community-based services that is willing and able to provide the	112839
services to the resident if the resident is eligible for the	112840
services and a slot for the services is available to the resident.	112841

(5) The person meets the requirements for providing home and	112842
community-based services at a residential facility.	112843

(B) The notice provided to the directors under division	112844
(A)(1) of this section shall specify whether some or all of the	112845
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112846
of the beds are to be converted, the notice shall specify how many	112847
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112848
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112849

(C) On receipt of a notice under division (A)(1) of this	112850
section, the director of health shall do the following:	112851

(1) Terminate the ICF/IID's medicaid certification ~~of the~~	112852
~~intermediate care facility for the mentally retarded~~ if the notice	112853
specifies that all of the facility's beds are to be converted;	112854

(2) Reduce the ~~facility's certified~~ICF/IID's	112855
medicaid-certified capacity by the number of beds being converted	112856
if the notice specifies that some but not all of the beds are to	112857
be converted.	112858

(D) The director of health shall notify the medicaid director	112859
~~of job and family services~~ of the termination or reduction under	112860
division (C) of this section. On receipt of the director of	112861
health's notice, the medicaid director ~~of job and family services~~	112862
shall do the following:	112863

(1) Terminate the person's medicaid provider agreement that	112864
authorizes the person to provide ~~ICF/MR~~ICF/IID services at the	112865
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's medicaid	112866
certification was terminated;	112867

(2) Amend the person's medicaid provider agreement to reflect	112868
the ~~facility's~~ICF/IID's reduced ~~certified~~medicaid-certified	112869
capacity if the ~~facility's certified~~ICF/IID's medicaid-certified	112870
capacity is reduced.	112871

The person is not entitled to notice or a hearing under	112872
Chapter 119. of the Revised Code before the medicaid director of	112873
~~job and family services~~ terminates or amends the medicaid provider	112874
agreement.	112875

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	112876
of the Revised Code, the director of developmental disabilities	112877
may request that the medicaid director ~~of job and family services~~	112878
seek the approval of the United States secretary of health and	112879
human services to increase the number of slots available for home	112880
and community-based services by a number not exceeding the number	112881
of beds that were part of the licensed capacity of a residential	112882
facility that had its license revoked or surrendered under section	112883
5123.19 of the Revised Code if the residential facility was an	112884
~~intermediate care facility for the mentally retarded~~ICF/IID at	112885
the time of the license revocation or surrender. The revocation or	112886
surrender may have occurred before, or may occur on or after, June	112887
24, 2008. The request may include beds the director of	112888
developmental disabilities removed from such a residential	112889
facility's licensed capacity before transferring ownership or	112890
operation of the residential facility pursuant to a request for	112891
proposals.	112892

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	112893
~~family services~~ may seek approval from the United States secretary	112894
of health and human services for not more than a total of ~~five~~six	112895
hundred slots for home and community-based services for the	112896
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	112897
~~5111.876~~5124.62 of the Revised Code.	112898

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of ~~five~~six	112899
hundred beds may be converted from providing ~~ICF/MR~~ICF/IID	112900
services to providing home and community-based services under	112901
sections ~~5111.874~~5124.60 and ~~5111.875~~5124.61 of the Revised	112902
Code.	112903

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	112904
reconvert a bed to be used for ~~ICF/MR~~ICF/IID services if the bed	112905
was converted to use for home and community-based services under	112906
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	112907
This prohibition applies regardless of either of the following:	112908

(A) The bed is part of the licensed capacity of a residential	112909
facility.	112910

(B) The bed has been sold, leased, or otherwise transferred	112911
to another person or government entity.	112912

Sec. 5124.67. (A) The department of developmental	112913
disabilities shall strive to achieve, not later than July 1, 2018,	112914
the following statewide reductions in ICF/IID beds:	112915

(1) At least five hundred and not more than six hundred beds	112916
in ICFs/IID that, before becoming downsized ICFs/IID, have sixteen	112917
or more beds;	112918

(2) At least five hundred and not more than six hundred beds	112919
in ICFs/IID with any number of beds that convert some or all of	112920
their beds from providing ICF/IID services to providing home and	112921
community-based services pursuant to section 5124.60 or 5124.61 of	112922
the Revised Code.	112923

(B) In its efforts to achieve the reductions under division	112924
(A) of this section, the department shall collaborate with the	112925
Ohio association of county boards serving people with	112926
developmental disabilities, the Ohio provider resource	112927
association, the Ohio centers for intellectual disabilities formed	112928
by the Ohio health care association, and the values and faith	112929
alliance. The collaboration efforts may include the following:	112930

(1) Identifying ICFs/IID that may reduce the number of their	112931
beds to help achieve the reductions under division (A) of this	112932
section;	112933

(2) Encouraging ICF/IID providers to reduce the number of	112934
their ICFs/IID's beds;	112935

(3) Establishing interim time frames for making progress in	112936
achieving the reductions;	112937

(4) Creating incentives for, and removing impediments to, the	112938
reductions;	112939

(5) In the case of ICF/IID beds that are converted to	112940
providing home and community-based services, developing a	112941
mechanism to compensate providers for beds that permanently cease	112942
to provide ICF/IID services.	112943

(C) The department shall meet not less than twice each year	112944
with the organizations specified in division (B) of this section	112945
to do all of the following:	112946

(1) Review the progress being made in achieving the	112947
reductions under division (A) of this section;	112948

(2) Prepare written reports on the progress;

112949

(3) Identify additional measures needed to achieve the	112950
reductions.	112951

Sec. 5124.99. Whoever violates section 5124.102 or division	112952
(E) of section 5124.08 of the Revised Code shall be fined not less	112953
than five hundred dollars nor more than one thousand dollars for	112954
the first offense and not less than one thousand dollars nor more	112955
than five thousand dollars for each subsequent offense.	112956

Fines paid under this section shall be deposited in the state	112957
treasury to the credit of the general revenue fund.	112958

Sec. 5126.01. As used in this chapter:

112959

(A) As used in this division, "adult" means an individual who	112960
is eighteen years of age or over and not enrolled in a program or	112961
service under Chapter 3323. of the Revised Code and an individual	112962
sixteen or seventeen years of age who is eligible for adult	112963
services under rules adopted by the director of developmental	112964
disabilities pursuant to Chapter 119. of the Revised Code.	112965

(1) "Adult services" means services provided to an adult	112966
outside the home, except when they are provided within the home	112967
according to an individual's assessed needs and identified in an	112968
individual service plan, that support learning and assistance in	112969
the area of self-care, sensory and motor development,	112970
socialization, daily living skills, communication, community	112971
living, social skills, or vocational skills.	112972

(2) "Adult services" includes all of the following:

112973

(a) Adult day habilitation services;

112974

(b) Adult day care;

112975

112976

(d) Sheltered employment;

112977

(e) Educational experiences and training obtained through	112978
entities and activities that are not expressly intended for	112979
individuals with mental retardation and developmental	112980
disabilities, including trade schools, vocational or technical	112981
schools, adult education, job exploration and sampling, unpaid	112982
work experience in the community, volunteer activities, and	112983
spectator sports;	112984

(f) Community employment services and supported employment	112985
services.	112986

(B)(1) "Adult day habilitation services" means adult services	112987
that do the following:	112988

(a) Provide access to and participation in typical activities	112989
and functions of community life that are desired and chosen by the	112990
general population, including such activities and functions as	112991
opportunities to experience and participate in community	112992
exploration, companionship with friends and peers, leisure	112993
activities, hobbies, maintaining family contacts, community	112994
events, and activities where individuals without disabilities are	112995
involved;	112996

(b) Provide supports or a combination of training and	112997
supports that afford an individual a wide variety of opportunities	112998
to facilitate and build relationships and social supports in the	112999
community.	113000

(2) "Adult day habilitation services" includes all of the	113001
following:	113002

(a) Personal care services needed to ensure an individual's	113003
ability to experience and participate in vocational services,	113004
educational services, community activities, and any other adult	113005
day habilitation services;	113006

(b) Skilled services provided while receiving adult day	113007
habilitation services, including such skilled services as behavior	113008
management intervention, occupational therapy, speech and language	113009
therapy, physical therapy, and nursing services;	113010

(c) Training and education in self-determination designed to	113011
help the individual do one or more of the following: develop	113012
self-advocacy skills, exercise the individual's civil rights,	113013
acquire skills that enable the individual to exercise control and	113014
responsibility over the services received, and acquire skills that	113015
enable the individual to become more independent, integrated, or	113016
productive in the community;	113017

(d) Recreational and leisure activities identified in the	113018
individual's service plan as therapeutic in nature or assistive in	113019
developing or maintaining social supports;	113020

(e) Counseling and assistance provided to obtain housing,	113021
including such counseling as identifying options for either rental	113022
or purchase, identifying financial resources, assessing needs for	113023
environmental modifications, locating housing, and planning for	113024
ongoing management and maintenance of the housing selected;	113025

(f) Transportation necessary to access adult day habilitation	113026
services;	113027

(g) Habilitation management, as described in section 5126.14	113028
of the Revised Code.	113029

(3) "Adult day habilitation services" does not include	113030
activities that are components of the provision of residential	113031
services, family support services, or supported living services.	113032

113033

(1) In the case of a member of a county board of	113034
developmental disabilities appointed by, or to be appointed by, a	113035
board of county commissioners, the board of county commissioners;	113036

(2) In the case of a member of a county board appointed by,	113037
or to be appointed by, a senior probate judge, the senior probate	113038
judge.	113039

(D) "Community employment," "competitive employment," and	113040
"integrated setting" have the same meanings as in section 5123.022	113041
of the Revised Code.	113042

(E) "~~Community employment services" or "supported~~Supported	113043
employment services" means vocational assessment, job training and	113044
coaching, job development and placement, worksite accessibility,	113045
and other services related to employment outside a sheltered	113046
workshop. "~~Community employment services" or "supported~~Supported	113047
employment services" ~~include all~~includes both of the following:	113048

(1) Job training resulting in the attainment of ~~competitive~~	113049
~~work~~community employment, supported work in a typical work	113050
environment, or self-employment;	113051

(2) ~~Supervised work experience through an employer paid to~~	113052
~~provide the supervised work experience;~~	113053

~~(3) Ongoing work in a competitive work environment at a wage~~	113054
~~commensurate with workers without disabilities;~~	113055

~~(4) Ongoing supervision by an employer paid to provide the~~	113056
~~supervision~~Support for ongoing community employment, supported	113057
work at community-based sites, or self-employment.	113058

~~(E)~~(F) As used in this division, "substantial functional	113059
limitation," "developmental delay," and "established risk" have	113060
the meanings established pursuant to section 5123.011 of the	113061
Revised Code.	113062

"Developmental disability" means a severe, chronic disability	113063
that is characterized by all of the following:	113064

(1) It is attributable to a mental or physical impairment or	113065
a combination of mental and physical impairments, other than a	113066
mental or physical impairment solely caused by mental illness as	113067
defined in division (A) of section 5122.01 of the Revised Code;	113068

(2) It is manifested before age twenty-two;

113069

(3) It is likely to continue indefinitely;

113070

(4) It results in one of the following:

113071

(a) In the case of a person under age three, at least one	113072
developmental delay or an established risk;	113073

(b) In the case of a person at least age three but under age	113074
six, at least two developmental delays or an established risk;	113075

(c) In the case of a person age six or older, a substantial	113076
functional limitation in at least three of the following areas of	113077
major life activity, as appropriate for the person's age:	113078
self-care, receptive and expressive language, learning, mobility,	113079
self-direction, capacity for independent living, and, if the	113080
person is at least age sixteen, capacity for economic	113081
self-sufficiency.	113082

(5) It causes the person to need a combination and sequence	113083
of special, interdisciplinary, or other type of care, treatment,	113084
or provision of services for an extended period of time that is	113085
individually planned and coordinated for the person.	113086

~~(F)~~(G) "Early childhood services" means a planned program of	113087
habilitation designed to meet the needs of individuals with mental	113088
retardation or other developmental disabilities who have not	113089
attained compulsory school age.	113090

~~(G)~~(H) "Employment services" means prevocational services or	113091
supported employment services.	113092

(I)(1) "Environmental modifications" means the physical	113093
adaptations to an individual's home, specified in the individual's	113094
service plan, that are necessary to ensure the individual's	113095
health, safety, and welfare or that enable the individual to	113096
function with greater independence in the home, and without which	113097
the individual would require institutionalization.	113098

(2) "Environmental modifications" includes such adaptations	113099
as installation of ramps and grab-bars, widening of doorways,	113100
modification of bathroom facilities, and installation of	113101
specialized electric and plumbing systems necessary to accommodate	113102
the individual's medical equipment and supplies.	113103

(3) "Environmental modifications" does not include physical	113104
adaptations or improvements to the home that are of general	113105
utility or not of direct medical or remedial benefit to the	113106
individual, including such adaptations or improvements as	113107
carpeting, roof repair, and central air conditioning.	113108

~~(H)~~(J) "Family support services" means the services provided	113109
under a family support services program operated under section	113110
5126.11 of the Revised Code.	113111

~~(I)~~(K) "Habilitation" means the process by which the staff of	113112
the facility or agency assists an individual with mental	113113
retardation or other developmental disability in acquiring and	113114
maintaining those life skills that enable the individual to cope	113115
more effectively with the demands of the individual's own person	113116
and environment, and in raising the level of the individual's	113117
personal, physical, mental, social, and vocational efficiency.	113118
Habilitation includes, but is not limited to, programs of formal,	113119
structured education and training.	113120

~~(J)~~(L) "Home and community-based services" ~~means~~	113121
~~medicaid-funded home and community-based services specified in~~	113122
~~division (B)(1) of section 5111.87 of the Revised Code and~~	113123
~~provided under the medicaid waiver components the department of~~	113124
~~developmental disabilities administers pursuant to~~has the same	113125
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	113126
~~However, home and community-based services provided under the~~	113127
~~medicaid waiver component known as the transitions developmental~~	113128
~~disabilities waiver are to be considered to be home and~~	113129
~~community-based services for the purposes of this chapter only to~~	113130
~~the extent, if any, provided by the contract required by section~~	113131
~~5111.871 of the Revised Code regarding the waiver.~~	113132

~~(K)~~(M) "ICF/IID" has the same meaning as in section 5124.01	113133
of the Revised Code.	113134

(N) "Immediate family" means parents, grandparents, brothers,	113135
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	113136
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	113137
daughters-in-law.	113138

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	113139
~~the Revised Code.~~	113140

~~(M)~~(O) "Medicaid case management services" means case	113141
management services provided to an individual with mental	113142
retardation or other developmental disability that the state	113143
medicaid plan requires.	113144

~~(N)~~(P) "Mental retardation" means a mental impairment	113145
manifested during the developmental period characterized by	113146
significantly subaverage general intellectual functioning existing	113147
concurrently with deficiencies in the effectiveness or degree with	113148
which an individual meets the standards of personal independence	113149
and social responsibility expected of the individual's age and	113150
cultural group.	113151

~~(O)~~(Q) "Prevocational services" means services, including	113152
services as a volunteer, that provide learning and work	113153
experiences from which an individual can develop general strengths	113154
and skills that are not specific to a particular task or job but	113155
contribute to employability in community employment, supported	113156
work at community-based sites, or self-employment.	113157

(R) "Residential services" means services to individuals with	113158
mental retardation or other developmental disabilities to provide	113159
housing, food, clothing, habilitation, staff support, and related	113160
support services necessary for the health, safety, and welfare of	113161
the individuals and the advancement of their quality of life.	113162
"Residential services" includes program management, as described	113163
in section 5126.14 of the Revised Code.	113164

~~(P)~~(S) "Resources" means available capital and other assets,	113165
including moneys received from the federal, state, and local	113166
governments, private grants, and donations; appropriately	113167
qualified personnel; and appropriate capital facilities and	113168
equipment.	113169

~~(Q)~~(T) "Senior probate judge" means the current probate judge	113170
of a county who has served as probate judge of that county longer	113171
than any of the other current probate judges of that county. If a	113172
county has only one probate judge, "senior probate judge" means	113173
that probate judge.	113174

~~(R)~~(U) "Service and support administration" means the duties	113175
performed by a service and support administrator pursuant to	113176
section 5126.15 of the Revised Code.	113177

~~(S)~~(V)(1) "Specialized medical, adaptive, and assistive	113178
equipment, supplies, and supports" means equipment, supplies, and	113179
supports that enable an individual to increase the ability to	113180
perform activities of daily living or to perceive, control, or	113181
communicate within the environment.	113182

(2) "Specialized medical, adaptive, and assistive equipment,	113183
supplies, and supports" includes the following:	113184

(a) Eating utensils, adaptive feeding dishes, plate guards,	113185
mylatex straps, hand splints, reaches, feeder seats, adjustable	113186
pointer sticks, interpreter services, telecommunication devices	113187
for the deaf, computerized communications boards, other	113188
communication devices, support animals, veterinary care for	113189
support animals, adaptive beds, supine boards, prone boards,	113190
wedges, sand bags, sidelayers, bolsters, adaptive electrical	113191
switches, hand-held shower heads, air conditioners, humidifiers,	113192
emergency response systems, folding shopping carts, vehicle lifts,	113193
vehicle hand controls, other adaptations of vehicles for	113194
accessibility, and repair of the equipment received.	113195

(b) Nondisposable items not covered by medicaid that are	113196
intended to assist an individual in activities of daily living or	113197
instrumental activities of daily living.	113198

~~(T)~~(W) "Supportive home services" means a range of services	113199
to families of individuals with mental retardation or other	113200
developmental disabilities to develop and maintain increased	113201
acceptance and understanding of such persons, increased ability of	113202
family members to teach the person, better coordination between	113203
school and home, skills in performing specific therapeutic and	113204
management techniques, and ability to cope with specific	113205
situations.	113206

~~(U)~~(X)(1) "Supported living" means services provided for as	113207
long as twenty-four hours a day to an individual with mental	113208
retardation or other developmental disability through any public	113209
or private resources, including moneys from the individual, that	113210
enhance the individual's reputation in community life and advance	113211
the individual's quality of life by doing the following:	113212

(a) Providing the support necessary to enable an individual	113213
to live in a residence of the individual's choice, with any number	113214
of individuals who are not disabled, or with not more than three	113215
individuals with mental retardation and developmental disabilities	113216
unless the individuals are related by blood or marriage;	113217

(b) Encouraging the individual's participation in the	113218
community;	113219

113220

(d) Assisting the individual in acquiring, retaining, and	113221
improving the skills and competence necessary to live successfully	113222
in the individual's residence.	113223

(2) "Supported living" includes the provision of all of the	113224
following:	113225

(a) Housing, food, clothing, habilitation, staff support,	113226
professional services, and any related support services necessary	113227
to ensure the health, safety, and welfare of the individual	113228
receiving the services;	113229

(b) A combination of lifelong or extended-duration	113230
supervision, training, and other services essential to daily	113231
living, including assessment and evaluation and assistance with	113232
the cost of training materials, transportation, fees, and	113233
supplies;	113234

113235

(d) Household maintenance that does not include modifications	113236
to the physical structure of the residence;	113237

(e) Respite care services;

113238

(f) Program management, as described in section 5126.14 of	113239
the Revised Code.	113240

Sec. 5126.026. Except as otherwise provided in this section	113241
and section 5126.0218 of the Revised Code, a member of a county	113242
board of developmental disabilities may be reappointed to the	113243
county board. Prior to making a reappointment, the appointing	113244
authority shall ascertain, through written communication with the	113245
board, that the member being considered for reappointment meets	113246
the requirements of sections 5126.022 and 5126.0218 of the Revised	113247
Code.	113248

A member who has served during each of three consecutive	113249
terms shall not be reappointed for a subsequent term until two	113250
years after ceasing to be a member of the county board, except	113251
that a member who has served for ten years or less within three	113252
consecutive terms may be reappointed for a subsequent term before	113253
becoming ineligible for reappointment for two years.	113254

If, however, a county board experiences extenuating	113255
circumstances that would severely restrict the board from being	113256
able to fill a pending vacancy of a board member who will become	113257
ineligible for service on the board after serving three	113258
consecutive terms, the appointing authority may request a waiver	113259
from the director of developmental disabilities to allow that	113260
member to serve an additional four-year term subsequent to serving	113261
three consecutive four-year terms. The director shall determine if	113262
the extenuating circumstances associated with the board warrant	113263
the granting of such a waiver.	113264

Sec. 5126.043. (A) Unless a guardian has been appointed for	113265
the individual, when a decision regarding receipt of a service or	113266
participation in a program provided for or funded under this	113267
chapter or Chapter 5123. or 5124. of the Revised Code by an	113268
individual with mental retardation or other developmental	113269
disability must be made, the individual shall be permitted to make	113270
the decision. The individual may obtain support and guidance from	113271
an adult family member or other person, but doing so does not	113272
affect the right of the individual to make the decision.	113273

(B) An individual with mental retardation or other	113274
developmental disability may authorize an adult to make a decision	113275
described in division (A) of this section on the individual's	113276
behalf, as long as the adult does not have a financial interest in	113277
the decision. The authorization shall be made in writing.	113278

(C) If a guardian has been appointed for an individual with	113279
mental retardation or other developmental disability, the guardian	113280
shall make any decision described in division (A) of this section	113281
on behalf of the individual. This section does not require	113282
appointment of a guardian.	113283

(D) Individuals with mental retardation and other	113284
developmental disabilities, including those who have been	113285
adjudicated incompetent pursuant to Chapter 2111. of the Revised	113286
Code, have the right to participate in decisions that affect their	113287
lives and to have their needs, desires, and preferences	113288
considered. An adult or guardian who makes a decision pursuant to	113289
division (B) or (C) of this section shall make a decision that is	113290
in the best interests of the individual on whose behalf the	113291
decision is made and that is consistent with the needs, desires,	113292
and preferences of that individual.	113293

Sec. 5126.05. (A) Subject to the rules established by the	113294
director of developmental disabilities pursuant to Chapter 119. of	113295
the Revised Code for programs and services offered pursuant to	113296
this chapter, and subject to the rules established by the state	113297
board of education pursuant to Chapter 119. of the Revised Code	113298
for programs and services offered pursuant to Chapter 3323. of the	113299
Revised Code, the county board of developmental disabilities	113300
shall:	113301

(1) Administer and operate facilities, programs, and services	113302
as provided by this chapter and Chapter 3323. of the Revised Code	113303
and establish policies for their administration and operation;	113304

(2) Coordinate, monitor, and evaluate existing services and	113305
facilities available to individuals with mental retardation and	113306
developmental disabilities;	113307

(3) Provide early childhood services, supportive home	113308
services, and adult services, according to the plan and priorities	113309
developed under section 5126.04 of the Revised Code;	113310

(4) Provide or contract for special education services	113311
pursuant to Chapters 3317. and 3323. of the Revised Code and	113312
ensure that related services, as defined in section 3323.01 of the	113313
Revised Code, are available according to the plan and priorities	113314
developed under section 5126.04 of the Revised Code;	113315

(5) Adopt a budget, authorize expenditures for the purposes	113316
specified in this chapter and do so in accordance with section	113317
319.16 of the Revised Code, approve attendance of board members	113318
and employees at professional meetings and approve expenditures	113319
for attendance, and exercise such powers and duties as are	113320
prescribed by the director;	113321

(6) Submit annual reports of its work and expenditures,	113322
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	113323
the director, the superintendent of public instruction, and the	113324
board of county commissioners at the close of the fiscal year and	113325
at such other times as may reasonably be requested;	113326

(7) Authorize all positions of employment, establish	113327
compensation, including but not limited to salary schedules and	113328
fringe benefits for all board employees, approve contracts of	113329
employment for management employees that are for a term of more	113330
than one year, employ legal counsel under section 309.10 of the	113331
Revised Code, and contract for employee benefits;	113332

(8) Provide service and support administration in accordance	113333
with section 5126.15 of the Revised Code;	113334

(9) Certify respite care homes pursuant to rules adopted	113335
under section 5123.171 of the Revised Code by the director of	113336
developmental disabilities;	113337

(10) Implement an employment first policy that clearly	113338
identifies community employment as the desired outcome for every	113339
individual of working age who receives services from the board;	113340

(11) Set benchmarks for improving community employment	113341
outcomes.	113342

(B) To the extent that rules adopted under this section apply	113343
to the identification and placement of children with disabilities	113344
under Chapter 3323. of the Revised Code, they shall be consistent	113345
with the standards and procedures established under sections	113346
3323.03 to 3323.05 of the Revised Code.	113347

(C) Any county board may enter into contracts with other such	113348
boards and with public or private, nonprofit, or profit-making	113349
agencies or organizations of the same or another county, to	113350
provide the facilities, programs, and services authorized or	113351
required, upon such terms as may be agreeable, and in accordance	113352
with this chapter and Chapter 3323. of the Revised Code and rules	113353
adopted thereunder and in accordance with sections 307.86 and	113354
5126.071 of the Revised Code.	113355

(D) A county board may combine transportation for children	113356
and adults enrolled in programs and services offered under Chapter	113357
5126. of the Revised Code with transportation for children	113358
enrolled in classes funded under ~~section~~sections 3317.0213 and	113359
3317.20 ~~or units approved under section 3317.05~~ of the Revised	113360
Code.	113361

(E) A county board may purchase all necessary insurance	113362
policies, may purchase equipment and supplies through the	113363
department of administrative services or from other sources, and	113364
may enter into agreements with public agencies or nonprofit	113365
organizations for cooperative purchasing arrangements.	113366

(F) A county board may receive by gift, grant, devise, or	113367
bequest any moneys, lands, or property for the benefit of the	113368
purposes for which the board is established and hold, apply, and	113369
dispose of the moneys, lands, and property according to the terms	113370
of the gift, grant, devise, or bequest. All money received by	113371
gift, grant, bequest, or disposition of lands or property received	113372
by gift, grant, devise, or bequest shall be deposited in the	113373
county treasury to the credit of such board and shall be available	113374
for use by the board for purposes determined or stated by the	113375
donor or grantor, but may not be used for personal expenses of the	113376
board members. Any interest or earnings accruing from such gift,	113377
grant, devise, or bequest shall be treated in the same manner and	113378
subject to the same provisions as such gift, grant, devise, or	113379
bequest.	113380

(G) The board of county commissioners shall levy taxes and	113381
make appropriations sufficient to enable the county board of	113382
developmental disabilities to perform its functions and duties,	113383
and may utilize any available local, state, and federal funds for	113384
such purpose.	113385

Sec. 5126.051. (A) To the extent that resources are	113386
available, a county board of developmental disabilities shall	113387
provide for or arrange residential services and supported living	113388
for individuals with mental retardation and developmental	113389
disabilities.	113390

A county board may acquire, convey, lease, or sell property	113391
for residential services and supported living and enter into loan	113392
agreements, including mortgages, for the acquisition of such	113393
property. A county board is not required to comply with	113394
provisions of Chapter 307. of the Revised Code providing for	113395
competitive bidding or sheriff sales in the acquisition, lease,	113396
conveyance, or sale of property under this division, but the	113397
acquisition, lease, conveyance, or sale must be at fair market	113398
value determined by appraisal of one or more disinterested persons	113399
appointed by the board.	113400

Any action taken by a county board under this division that	113401
will incur debt on the part of the county shall be taken in	113402
accordance with Chapter 133. of the Revised Code. A county board	113403
shall not incur any debt on the part of the county without the	113404
prior approval of the board of county commissioners.	113405

(B)(1) To the extent that resources are available, in	113406
~~addition to sheltered employment and work activities provided as~~a	113407
county board shall provide or arrange for the provision of adult	113408
services ~~pursuant to division (A)(3) of section 5126.05 of the~~	113409
~~Revised Code, a county board of developmental disabilities may~~	113410
~~provide or arrange for job training, vocational evaluation, and~~	113411
~~community employment services~~ to ~~mentally retarded and~~	113412
~~developmentally disabled~~ individuals who are age eighteen and	113413
older and not enrolled in a program or service under Chapter 3323.	113414
of the Revised Code or age sixteen or seventeen and eligible for	113415
adult services under rules adopted by the director of	113416
developmental disabilities under Chapter 119. of the Revised Code.	113417
These services shall be provided in accordance with the	113418
individual's individual service ~~or habilitation~~ plan and shall	113419
include support services specified in the plan.	113420

(2) Any prevocational services shall be provided in	113421
accordance with the individual's individual service plan and occur	113422
over a specified period of time with specific outcomes sought to	113423
be achieved.	113424

(3) A county board may, in cooperation with the ~~Ohio~~	113425
~~rehabilitation services commission~~opportunities for Ohioans with	113426
disabilities agency, seek federal funds for job training ~~and~~or	113427
other services directly at helping individuals obtain community	113428
employment.	113429

~~(3)~~(4) A county board may contract with any agency, board, or	113430
other entity that is accredited by the commission on accreditation	113431
of rehabilitation facilities to provide services. A county board	113432
that is accredited by the commission on accreditation of	113433
rehabilitation facilities may provide services for which it is	113434
certified by the commission.	113435

(C) To the extent that resources are available, a county	113436
board may provide services to an individual with mental	113437
retardation or other developmental disability in addition to those	113438
provided pursuant to this section, section 5126.05 of the Revised	113439
Code, or any other section of this chapter. The services shall be	113440
provided in accordance with the individual's ~~habilitation or~~	113441
individual service plan and may be provided in collaboration with	113442
other entities of state or local government.	113443

Sec. 5126.054. (A) Each county board of developmental	113444
disabilities shall, by resolution, develop a three-calendar year	113445
plan that includes the following three components:	113446

(1) An assessment component that includes all of the	113447
following:	113448

(a) The number of individuals with mental retardation or	113449
other developmental disability residing in the county who need the	113450
level of care provided by an ~~intermediate care facility for the~~	113451
~~mentally retarded~~ICF/IID, may seek home and community-based	113452
services, and are given priority on a waiting list established for	113453
the services pursuant to section 5126.042 of the Revised Code; the	113454
service needs of those individuals; and the projected annualized	113455
cost for services;	113456

(b) The source of funds available to the county board to pay	113457
the nonfederal share of medicaid expenditures that the county	113458
board is required by sections 5126.059 and 5126.0510 of the	113459
Revised Code to pay;	113460

(c) Any other applicable information or conditions that the	113461
department of developmental disabilities requires as a condition	113462
of approving the component under section 5123.046 of the Revised	113463
Code.	113464

(2) A preliminary implementation component that specifies the	113465
number of individuals to be provided, during the first year that	113466
the plan is in effect, home and community-based services pursuant	113467
to the waiting list priority given to them under section 5126.042	113468
of the Revised Code and the types of home and community-based	113469
services the individuals are to receive;	113470

(3) A component that provides for the implementation of	113471
medicaid case management services and home and community-based	113472
services for individuals who begin to receive the services on or	113473
after the date the plan is approved under section 5123.046 of the	113474
Revised Code. A county board shall include all of the following in	113475
the component:	113476

(a) If the department of developmental disabilities or	113477
department of ~~job and family services~~medicaid requires, an	113478
agreement to pay the nonfederal share of medicaid expenditures	113479
that the county board is required by sections 5126.059 and	113480
5126.0510 of the Revised Code to pay;	113481

(b) How the services are to be phased in over the period the	113482
plan covers, including how the county board will serve individuals	113483
who have priority on a waiting list established under section	113484
5126.042 of the Revised Code;	113485

(c) Any agreement or commitment regarding the county board's	113486
funding of home and community-based services that the county board	113487
has with the department at the time the county board develops the	113488
component;	113489

(d) Assurances adequate to the department that the county	113490
board will comply with all of the following requirements:	113491

(i) To provide the types of home and community-based services	113492
specified in the preliminary implementation component required by	113493
division (A)(2) of this section to at least the number of	113494
individuals specified in that component;	113495

(ii) To use any additional funds the county board receives	113496
for the services to improve the county board's resource	113497
capabilities for supporting such services available in the county	113498
at the time the component is developed and to expand the services	113499
to accommodate the unmet need for those services in the county;	113500

(iii) To employ or contract with a business manager or enter	113501
into an agreement with another county board of developmental	113502
disabilities that employs or contracts with a business manager to	113503
have the business manager serve both county boards. No	113504
superintendent of a county board may serve as the county board's	113505
business manager.	113506

(iv) To employ or contract with a medicaid services manager	113507
or enter into an agreement with another county board of	113508
developmental disabilities that employs or contracts with a	113509
medicaid services manager to have the medicaid services manager	113510
serve both county boards. No superintendent of a county board may	113511
serve as the county board's medicaid services manager.	113512

(e) Programmatic and financial accountability measures and	113513
projected outcomes expected from the implementation of the plan;	113514

(f) Any other applicable information or conditions that the	113515
department requires as a condition of approving the component	113516
under section 5123.046 of the Revised Code.	113517

(B) A county board whose plan developed under division (A) of	113518
this section is approved by the department under section 5123.046	113519
of the Revised Code shall update and renew the plan in accordance	113520
with a schedule the department shall develop.	113521

Sec. 5126.055. (A) Except as provided in section 5126.056 of	113522
the Revised Code, a county board of developmental disabilities has	113523
medicaid local administrative authority to, and shall, do all of	113524
the following for an individual with mental retardation or other	113525
developmental disability who resides in the county that the county	113526
board serves and seeks or receives home and community-based	113527
services:	113528

(1) Perform assessments and evaluations of the individual. As	113529
part of the assessment and evaluation process, the county board	113530
shall do all of the following:	113531

(a) Make a recommendation to the department of developmental	113532
disabilities on whether the department should approve or deny the	113533
individual's application for the services, including on the basis	113534
of whether the individual needs the level of care an ~~intermediate~~	113535
~~care facility for the mentally retarded~~ICF/IID provides;	113536

(b) If the individual's application is denied because of the	113537
county board's recommendation and the individual ~~requests a~~	113538
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	113539
Revised Code, present, with the department of developmental	113540
disabilities or department of ~~job and family services~~medicaid,	113541
whichever denies the application, the reasons for the	113542
recommendation and denial at the hearing;	113543

(c) If the individual's application is approved, recommend to	113544
the departments of developmental disabilities and ~~job and family~~	113545
~~services~~medicaid the services that should be included in the	113546
individual's individualized service plan and, if either department	113547
approves, reduces, denies, or terminates a service included in the	113548
individual's individualized service plan under section ~~5111.871~~	113549
5166.20 of the Revised Code because of the county board's	113550
recommendation, present, with the department that made the	113551
approval, reduction, denial, or termination, the reasons for the	113552
recommendation and approval, reduction, denial, or termination at	113553
a hearing held pursuant to an appeal made under section ~~5101.35~~	113554
5160.31 of the Revised Code.	113555

(2) Perform any duties assigned to the county board in rules	113556
adopted under section 5126.046 of the Revised Code regarding the	113557
individual's right to choose a qualified and willing provider of	113558
the services and, at a hearing held pursuant to an appeal made	113559
under section ~~5101.35~~5160.31 of the Revised Code, present	113560
evidence of the process for appropriate assistance in choosing	113561
providers;	113562

(3) If the county board is certified under section 5123.161	113563
of the Revised Code to provide the services and agrees to provide	113564
the services to the individual and the individual chooses the	113565
county board to provide the services, furnish, in accordance with	113566
the county board's medicaid provider agreement and for the	113567
authorized reimbursement rate, the services the individual	113568
requires;	113569

(4) Monitor the services provided to the individual and	113570
ensure the individual's health, safety, and welfare. The	113571
monitoring shall include quality assurance activities. If the	113572
county board provides the services, the department of	113573
developmental disabilities shall also monitor the services.	113574

(5) Develop, with the individual and the provider of the	113575
individual's services, an effective individualized service plan	113576
that includes coordination of services, recommend that the	113577
departments of developmental disabilities and ~~job and family~~	113578
~~services~~medicaid approve the plan, and implement the plan unless	113579
either department disapproves it. The individualized service plan	113580
shall include a summary page, agreed to by the county board,	113581
provider, and individual receiving services, that clearly outlines	113582
the amount, duration, and scope of services to be provided under	113583
the plan.	113584

(6) Have an investigative agent conduct investigations under	113585
section 5126.313 of the Revised Code that concern the individual;	113586

(7) Have a service and support administrator perform the	113587
duties under division (B)(9) of section 5126.15 of the Revised	113588
Code that concern the individual.	113589

(B) A county board shall perform its medicaid local	113590
administrative authority under this section in accordance with all	113591
of the following:	113592

(1) The county board's plan that the department of	113593
developmental disabilities approves under section 5123.046 of the	113594
Revised Code;	113595

(2) All applicable federal and state laws;

113596

(3) All applicable policies of the departments of	113597
developmental disabilities and ~~job and family services~~medicaid	113598
and the United States department of health and human services;	113599

(4) The department of ~~job and family services'~~medicaid's	113600
supervision under its authority ~~under section 5111.01 of the~~	113601
~~Revised Code to act~~ as the single state medicaid agency;	113602

(5) The department of developmental disabilities' oversight.

113603

(C) The departments of developmental disabilities and ~~job and~~	113604
~~family services~~medicaid shall communicate with and provide	113605
training to county boards regarding medicaid local administrative	113606
authority granted by this section. The communication and training	113607
shall include issues regarding audit protocols and other standards	113608
established by the United States department of health and human	113609
services that the departments determine appropriate for	113610
communication and training. County boards shall participate in the	113611
training. The departments shall assess the county board's	113612
compliance against uniform standards that the departments shall	113613
establish.	113614

(D) A county board may not delegate its medicaid local	113615
administrative authority granted under this section but may	113616
contract with a person or government entity, including a council	113617
of governments, for assistance with its medicaid local	113618
administrative authority. A county board that enters into such a	113619
contract shall notify the director of developmental disabilities.	113620
The notice shall include the tasks and responsibilities that the	113621
contract gives to the person or government entity. The person or	113622
government entity shall comply in full with all requirements to	113623
which the county board is subject regarding the person or	113624
government entity's tasks and responsibilities under the contract.	113625
The county board remains ultimately responsible for the tasks and	113626
responsibilities.	113627

(E) A county board that has medicaid local administrative	113628
authority under this section shall, through the departments of	113629
developmental disabilities and ~~job and family services~~medicaid,	113630
reply to, and cooperate in arranging compliance with, a program or	113631
fiscal audit or program violation exception that a state or	113632
federal audit or review discovers. The department of ~~job and~~	113633
~~family services~~medicaid shall timely notify the department of	113634
developmental disabilities and the county board of any adverse	113635
findings. After receiving the notice, the county board, in	113636
conjunction with the department of developmental disabilities,	113637
shall cooperate fully with the department of ~~job and family~~	113638
~~services~~medicaid and timely prepare and send to the department a	113639
written plan of correction or response to the adverse findings.	113640
The county board is liable for any adverse findings that result	113641
from an action it takes or fails to take in its implementation of	113642
medicaid local administrative authority.	113643

(F) If the department of developmental disabilities or	113644
department of ~~job and family services~~medicaid determines that a	113645
county board's implementation of its medicaid local administrative	113646
authority under this section is deficient, the department that	113647
makes the determination shall require that county board do the	113648
following:	113649

(1) If the deficiency affects the health, safety, or welfare	113650
of an individual with mental retardation or other developmental	113651
disability, correct the deficiency within twenty-four hours;	113652

(2) If the deficiency does not affect the health, safety, or	113653
welfare of an individual with mental retardation or other	113654
developmental disability, receive technical assistance from the	113655
department or submit a plan of correction to the department that	113656
is acceptable to the department within sixty days and correct the	113657
deficiency within the time required by the plan of correction.	113658

Sec. 5126.131. (A)(1) Each regional council established	113659
under section 5126.13 of the Revised Code shall file with the	113660
department of developmental disabilities an annual cost report	113661
detailing the regional council's income and expenditures.	113662

(2) Each county board of developmental disabilities shall	113663
file with the department an annual cost report detailing the	113664
board's income and expenditures.	113665

(B)(1)(a) Unless the department establishes a later date for	113666
all regional council cost reports, each council shall file its	113667
cost report not later than the last day of April. At the written	113668
request of a regional council, the department may grant a	113669
fourteen-day extension for filing the cost report.	113670

(b) Unless the department establishes a later date for all	113671
county board cost reports, each board shall file its cost report	113672
not later than the last day of May. At the written request of a	113673
board, the department may grant a fourteen-day extension for	113674
filing the board's cost report.	113675

(2) The cost report shall contain information on the previous	113676
calendar year's income and expenditures. Once filed by a regional	113677
council or board, no changes may be made to the cost report,	113678
including the submission of additional documentation, except as	113679
otherwise provided in this section.	113680

(C) Each cost report filed under this section by a regional	113681
council or board shall be audited by the department or an entity	113682
designated by the department. The department or designated entity	113683
shall notify the regional council or board of the date on which	113684
the audit is to begin. The department may permit a regional	113685
council or board to submit changes to the cost report before the	113686
audit begins.	113687

If the department or designated entity determines that a	113688
filed cost report is not auditable, it shall provide written	113689
notification to the regional council or board of the cost report's	113690
deficiencies and may request additional documentation. If the	113691
department or designated entity requests additional documentation,	113692
the regional council or board shall be given sixty days after the	113693
request is made to provide the additional documentation. After	113694
sixty days, the department or designated entity shall determine	113695
whether the cost report is auditable with any additional	113696
documentation provided and shall notify the regional council or	113697
board of its determination. The determination of the department or	113698
designated entity is final.	113699

(D) The department or designated entity shall certify its	113700
audit as complete and file a copy of the certified audit in the	113701
office of the clerk of the governing body, executive officer of	113702
the governing body, and chief fiscal officer of the audited	113703
regional council or board. Changes may not be made to a cost	113704
report once the department or designated entity files the	113705
certified audit. The cost report is not a public record under	113706
section 149.43 of the Revised Code until copies of the cost report	113707
are filed pursuant to this section.	113708

(E) The department may withhold any funds that it distributes	113709
to a regional council or board as subsidy payments if either of	113710
the following is the case:	113711

(1) The cost report is not timely filed by the regional	113712
council or board with the department in accordance with division	113713
(B) of this section.	113714

(2) The cost report is determined not auditable under	113715
division (C) of this section after the department or designated	113716
entity gives the regional council or board sixty days to provide	113717
additional documentation.	113718

(F) Cost reports shall be retained by regional councils and	113719
boards for seven years. The department shall provide annual	113720
training to regional council and board employees regarding cost	113721
reports required by this section.	113722

(G) The department, in accordance with Chapter 119. of the	113723
Revised Code, may adopt any rules necessary to implement this	113724
section.	113725

Sec. 5139.03. The department of youth services shall control	113726
and manage all state institutions or facilities established or	113727
created for the training or rehabilitation of delinquent children	113728
committed to the department, except where the control and	113729
management of an institution or facility is vested by law in	113730
another agency. The department shall employ, in addition to other	113731
personnel authorized under Chapter 5139. of the Revised Code,	113732
sufficient personnel to maintain food service and buildings and	113733
grounds operations.	113734

The department of youth services shall, insofar as	113735
practicable, purchase foods and other commodities incident to food	113736
service operations from the department of ~~mental health~~mental	113737
health and addiction services. The department of youth services	113738
may enter into agreements with the department of ~~mental health~~	113739
mental health and addiction services providing for assistance and	113740
consultation in the construction of, or major modifications to,	113741
capital facilities of the department of youth services.	113742

The directors of ~~mental health~~mental health and addiction	113743
services and of youth services shall enter into written agreements	113744
to implement this section. Such directors may, from time to time,	113745
amend any agreements entered into under this section for the	113746
purposes of making more efficient use of personnel, taking	113747
advantage of economies in quantity purchasing, or for any other	113748
purpose which is mutually advantageous to both the department of	113749
youth services and the department of ~~mental health~~mental health	113750
and addiction services.	113751

The department of youth services may transfer any of its	113752
excess or surplus supplies to a community corrections facility.	113753
These supplies shall remain the property of the department for a	113754
period of five years from the date of the transfer. After the	113755
five-year period, the supplies shall become the property of the	113756
facility.	113757

Sec. 5139.04. The department of youth services shall do all	113758
of the following:	113759

(A) Support service districts through a central	113760
administrative office that shall have as its administrative head a	113761
deputy director who shall be appointed by the director of the	113762
department. When a vacancy occurs in the office of that deputy	113763
director, an assistant deputy director shall act as that deputy	113764
director until the vacancy is filled. The position of deputy	113765
director and assistant deputy director described in this division	113766
shall be in the unclassified civil service of the state.	113767

(B) Receive custody of all children committed to it under	113768
Chapter 2152. of the Revised Code, cause a study to be made of	113769
those children, and issue any orders, as it considers best suited	113770
to the needs of any of those children and the interest of the	113771
public, for the treatment of each of those children;	113772

(C) Obtain personnel necessary for the performance of its	113773
duties;	113774

(D) Adopt rules that regulate its organization and operation,	113775
that implement sections 5139.34 and 5139.41 to 5139.43 of the	113776
Revised Code, and that pertain to the administration of other	113777
sections of this chapter;	113778

(E) Submit reports of its operations to the governor and the	113779
general assembly by the thirty-first day of January of each	113780
odd-numbered year;	113781

(F) Conduct a program of research in diagnosis, training, and	113782
treatment of delinquent children to evaluate the effectiveness of	113783
the department's services and to develop more adequate methods;	113784

(G) Develop a standard form for the disposition investigation	113785
report that a juvenile court is required pursuant to section	113786
2152.18 of the Revised Code to complete and provide to the	113787
department when the court commits a child to the legal custody of	113788
the department;	113789

(H) Provide the state public defender the reasonable access	113790
authorized under division (I) of section 120.06 of the Revised	113791
Code in order to fulfill the department's constitutional	113792
obligation to provide juveniles who have been committed to the	113793
department's care access to the courts.	113794

(I) Do all other acts necessary or desirable to carry out	113795
this chapter.	113796

Sec. 5139.08. The department of youth services may enter	113797
into an agreement with the director of rehabilitation and	113798
correction pursuant to which the department of youth services, in	113799
accordance with division (C)(2) of section 5139.06 and section	113800
5120.162 of the Revised Code, may transfer to a correctional	113801
medical center established by the department of rehabilitation and	113802
correction, children who are within its custody for diagnosis or	113803
treatment of an illness, physical condition, or other medical	113804
problem. The department of youth services may enter into any other	113805
agreements with the director of job and family services, the	113806
director of ~~mental health~~mental health and addiction services,	113807
the director of developmental disabilities, the director of	113808
rehabilitation and correction, with the courts having probation	113809
officers or other public officials, and with private agencies or	113810
institutions for separate care or special treatment of children	113811
subject to the control of the department of youth services. The	113812
department of youth services may, upon the request of a juvenile	113813
court not having a regular probation officer, provide probation	113814
services for such court.	113815

Upon request by the department of youth services, any public	113816
agency or group care facility established or administered by the	113817
state for the care and treatment of children and youth shall,	113818
consistent with its functions, accept and care for any child whose	113819
custody is vested in the department in the same manner as it would	113820
be required to do if custody had been vested by a court in such	113821
agency or group care facility. If the department has reasonable	113822
grounds to believe that any child or youth whose custody is vested	113823
in it is mentally ill or mentally retarded, the department may	113824
file an affidavit under section 5122.11 or 5123.76 of the Revised	113825
Code. The department's affidavit for admission of a child or youth	113826
to such institution shall be filed with the probate court of the	113827
county from which the child was committed to the department. Such	113828
court may request the probate court of the county in which the	113829
child is held to conduct the hearing on the application, in which	113830
case the court making such request shall bear the expenses of the	113831
proceeding. If the department files such an affidavit, the child	113832
or youth may be kept in such institution until a final decision on	113833
the affidavit is made by the appropriate court.	113834

Sec. 5139.34. (A) Funds may be appropriated to the	113835
department of youth services for the purpose of granting state	113836
subsidies to counties. A county or the juvenile court that serves	113837
a county shall use state subsidies granted to the county pursuant	113838
to this section only in accordance with divisions (B)(2)(a) and	113839
(3)(a) of section 5139.43 of the Revised Code and the rules	113840
pertaining to the state subsidy funds that the department adopts	113841
pursuant to division (D) of section 5139.04 of the Revised Code.	113842
The department shall not grant financial assistance pursuant to	113843
this section for the provision of care and services for children	113844
in a placement facility unless the facility has been certified,	113845
licensed, or approved by a state or national agency with	113846
certification, licensure, or approval authority, including, but	113847
not limited to, the department of job and family services,	113848
department of education, department of ~~mental health~~mental health	113849
and addiction services, department of developmental disabilities,	113850
or American correctional association. For the purposes of this	113851
section, placement facilities do not include a state institution	113852
or a county or district children's home.	113853

The department also shall not grant financial assistance	113854
pursuant to this section for the provision of care and services	113855
for children, including, but not limited to, care and services in	113856
a detention facility, in another facility, or in out-of-home	113857
placement, unless the minimum standards applicable to the care and	113858
services that the department prescribes in rules adopted pursuant	113859
to division (D) of section 5139.04 of the Revised Code have been	113860
satisfied.	113861

(B) The department of youth services shall apply the	113862
following formula to determine the amount of the annual grant that	113863
each county is to receive pursuant to division (A) of this	113864
section, subject to the appropriation for this purpose to the	113865
department made by the general assembly:	113866

(1) Each county shall receive a basic annual grant of fifty	113867
thousand dollars.	113868

(2) The sum of the basic annual grants provided under	113869
division (B)(1) of this section shall be subtracted from the total	113870
amount of funds appropriated to the department of youth services	113871
for the purpose of making grants pursuant to division (A) of this	113872
section to determine the remaining portion of the funds	113873
appropriated. The remaining portion of the funds appropriated	113874
shall be distributed on a per capita basis to each county that has	113875
a population of more than twenty-five thousand for that portion of	113876
the population of the county that exceeds twenty-five thousand.	113877

(C)(1) Prior to a county's receipt of an annual grant	113878
pursuant to this section, the juvenile court that serves the	113879
county shall prepare, submit, and file in accordance with division	113880
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	113881
agreement and application for funding that is for the combined	113882
purposes of, and that satisfies the requirements of, this section	113883
and section 5139.43 of the Revised Code. In addition to the	113884
subject matters described in division (B)(3)(a) of section 5139.43	113885
of the Revised Code or in the rules that the department adopts to	113886
implement that division, the annual grant agreement and	113887
application for funding shall address fiscal accountability and	113888
performance matters pertaining to the programs, care, and services	113889
that are specified in the agreement and application and for which	113890
state subsidy funds granted pursuant to this section will be used.	113891

(2) The county treasurer of each county that receives an	113892
annual grant pursuant to this section shall deposit the state	113893
subsidy funds so received into the county's felony delinquent care	113894
and custody fund created pursuant to division (B)(1) of section	113895
5139.43 of the Revised Code. Subject to exceptions prescribed in	113896
section 5139.43 of the Revised Code that may apply to the	113897
disbursement, the department shall disburse the state subsidy	113898
funds to which a county is entitled in a lump sum payment that	113899
shall be made in July of each calendar year.	113900

(3) Upon an order of the juvenile court that serves a county	113901
and subject to appropriation by the board of county commissioners	113902
of that county, a county treasurer shall disburse from the	113903
county's felony delinquent care and custody fund the state subsidy	113904
funds granted to the county pursuant to this section for use only	113905
in accordance with this section, the applicable provisions of	113906
section 5139.43 of the Revised Code, and the county's approved	113907
annual grant agreement and application for funding.	113908

(4) The moneys in a county's felony delinquent care and	113909
custody fund that represent state subsidy funds granted pursuant	113910
to this section are subject to appropriation by the board of	113911
county commissioners of the county; shall be disbursed by the	113912
county treasurer as required by division (C)(3) of this section;	113913
shall be used in the manners referred to in division (C)(3) of	113914
this section; shall not revert to the county general fund at the	113915
end of any fiscal year; shall carry over in the felony delinquent	113916
care and custody fund from the end of any fiscal year to the next	113917
fiscal year; shall be in addition to, and shall not be used to	113918
reduce, any usual annual increase in county funding that the	113919
juvenile court is eligible to receive or the current level of	113920
county funding of the juvenile court and of any programs, care, or	113921
services for alleged or adjudicated delinquent children, unruly	113922
children, or juvenile traffic offenders or for children who are at	113923
risk of becoming delinquent children, unruly children, or juvenile	113924
traffic offenders; and shall not be used to pay for the care and	113925
custody of felony ~~deliquents~~delinquents who are in the care and	113926
custody of an institution pursuant to a commitment, recommitment,	113927
or revocation of a release on parole by the juvenile court of that	113928
county or who are in the care and custody of a community	113929
corrections facility pursuant to a placement by the department	113930
with the consent of the juvenile court as described in division	113931
(E) of section 5139.36 of the Revised Code.	113932

(5) As a condition of the continued receipt of state subsidy	113933
funds pursuant to this section, each county and the juvenile court	113934
that serves each county that receives an annual grant pursuant to	113935
this section shall comply with divisions (B)(3)(b), (c), and (d)	113936
of section 5139.43 of the Revised Code.	113937

Sec. 5145.162. (A) There is hereby created the office of	113938
enterprise development advisory ~~council of directors for prison~~	113939
~~labor consisting~~board to advise and assist the department of	113940
rehabilitation and correction with the creation of training	113941
programs and jobs for inmates and releasees through partnerships	113942
with private sector businesses. The board shall consist of at	113943
least five appointed members and the executive director of the	113944
office of the correctional institution inspection committee, who	113945
shall serve as an ex officio member. Each member shall have	113946
experience in labor relations, marketing, business management, or	113947
business. The members and chairperson shall be appointed by the	113948
~~governor~~director of the department of rehabilitation and	113949
correction. ~~Within thirty days after April 9, 1981, the governor~~	113950
~~shall make the initial appointments to the council of directors.~~	113951
~~Of the initial appointments made to the council of directors, two~~	113952
~~shall be for a term ending one year after April 9, 1981, two shall~~	113953
~~be for a term ending two years after that date, and one shall be~~	113954
~~for a term ending three years after that date. After the~~	113955
~~expiration of the initial terms, the terms of office for the~~	113956
~~members shall be for three years, each term ending on the same day~~	113957
~~of the same month of the year as did the term that it succeeds.~~	113958
~~Each member shall hold office from the date of appointment until~~	113959
~~the end of the term for which the member was appointed. Any~~	113960
~~vacancy on the advisory council shall be filled by the governor.~~	113961
~~Any member appointed to fill a vacancy occurring prior to the~~	113962
~~expiration of the term for which the member's predecessor was~~	113963
~~appointed shall hold office for the remainder of the predecessor's~~	113964
~~term. Any member shall continue in office subsequent to the~~	113965
~~expiration date of the member's term until a successor takes~~	113966
~~office, or until a period of sixty days has elapsed, whichever~~	113967
~~occurs first.~~	113968

(B) Each member of the advisory ~~council, while engaged in the~~	113969
~~performance of the business of the advisory council,~~board shall	113970
receive no compensation but may be reimbursed for expenses	113971
actually and necessarily incurred in the performance of official	113972
duties of the board. Members of the board who are state employees	113973
shall be reimbursed for expenses pursuant to travel rules	113974
promulgated by the office of budget and management.	113975

(C) The advisory ~~council~~board shall adopt procedures for the	113976
conduct of the board's meetings. The board shall meet ~~within two~~	113977
~~weeks after the initial members have been appointed at a time and~~	113978
~~place determined by the governor. At its first meeting, the~~	113979
~~advisory council shall elect a chairperson and shall adopt rules~~	113980
~~for its procedures. The advisory council shall elect a new~~	113981
~~chairperson annually at its January meeting. The advisory council~~	113982
~~shall meet at least once every January and~~ at least once every ~~two~~	113983
~~months thereafter~~quarter, and otherwise shall meet at the call of	113984
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	113985
~~of the members. Three~~director of the department of rehabilitation	113986
and correction. Sixty per cent of the members ~~constitutes~~shall	113987
constitute a quorum~~, and no action~~. No transaction of the board's	113988
business shall be taken without the concurrence of a quorum of the	113989
members. The board may have committees with persons who are not	113990
members of the board but whose experience and expertise is	113991
relevant and useful to the work of the committee.	113992

(D) The advisory ~~council~~board shall ~~advise and assist the~~	113993
~~department of rehabilitation and correction when the department~~	113994
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	113995
~~Revised Code, establishes prices for goods, products, services, or~~	113996
~~labor produced or supplied by prisoners, and otherwise establishes~~	113997
~~and administers the program for employment of prisoners~~	113998
~~established by the department pursuant to division (A) of section~~	113999
~~5145.16 of the Revised Code. The department shall consider the~~	114000
~~advice and assistance of the advisory council that is provided~~	114001
~~pursuant to this section, and shall cooperate with the advisory~~	114002
~~council. The advisory council may recommend~~have the following	114003
duties:	114004

(1) Solicit business proposals offering job training,	114005
apprenticeship, education programs, and employment opportunities	114006
for inmates and releasees;	114007

(2) Provide information and input to the office of enterprise	114008
development to support the job training and employment program of	114009
inmates and releasees and any additional, related duties as	114010
requested by the director of the department of rehabilitation and	114011
correction;	114012

(3) Recommend to the ~~general assembly~~office of enterprise	114013
development any ~~further~~ legislation, administrative rule, or	114014
department policy change that itthe board believes is necessary	114015
to implement the department's program ~~of employment of prisoners~~;	114016

(4) Promote public awareness of the office of enterprise	114017
development and the office's employment program;	114018

(5) Familiarize itself and the public with avenues to access	114019
the office of enterprise development on employment program	114020
concerns;	114021

(6) Advocate for the needs and concerns of the office of	114022
enterprise development in local communities, counties, and the	114023
state;	114024

(7) Play an active role in the office of enterprise	114025
development's efforts to reduce recidivism in the state by doing	114026
all of the following:	114027

(a) Providing input and making recommendations for the	114028
office's consideration in monitoring employment program compliance	114029
and effectiveness;	114030

(b) Making suggestions on the appropriate priorities for the	114031
office's grant award criteria;	114032

(c) Being a liaison between the office and constituents of	114033
the board's members;	114034

(d) Working to develop constituent groups interested in	114035
employment program issues;	114036

(8) Aid in the employment program development process by	114037
playing a leadership role in professional associations by	114038
discussing employment program issues.	114039

(E) The department of rehabilitation and correction shall	114040
initially screen each proposal obtained under division (D)(1) of	114041
this section to ensure that the proposal is a viable venture to	114042
pursue. If the department determines that a proposal is a viable	114043
venture to pursue, the department shall submit the proposal to the	114044
board for objective review against established guidelines. The	114045
board shall determine whether to recommend the implementation of	114046
the program to the department.	114047

Sec. 5145.18. Any printing or binding performed in a state	114048
correctional institution may be performed for the use of the	114049
institution, the departments of ~~mental health~~mental health and	114050
addiction services, developmental disabilities, and rehabilitation	114051
and correction, the department of public safety in connection with	114052
the registration of motor vehicles, and for any other purpose	114053
authorized by division (B) of section 5145.03 and by sections	114054
5145.16 and 5145.161 of the Revised Code.	114055

Sec. 5149.22. There is hereby established the Ohio council	114056
for interstate adult offender supervision pursuant to Article IV	114057
of the interstate compact for adult offender supervision. The	114058
council shall be comprised of ~~seven~~at least twelve members. One	114059
member shall be the compact administrator for this state for the	114060
interstate compact for adult offender supervision, or the	114061
administrator's designee. The speaker of the house of	114062
representatives shall appoint one member, shall be of the house of	114063
representatives. The president of the senate shall appoint one	114064
member, who shall be a member of the senate. The chief justice of	114065
the supreme court shall appoint ~~one member~~three members, ~~who~~two	114066
of whom shall be ~~a member~~members of the judiciary. The governor	114067
shall appoint ~~three~~five members, ~~one of whom shall be~~including a	114068
representative of a crime victim's organization, ~~and one of whom~~	114069
~~shall be from~~a member of the executive branch, a prosecuting	114070
attorney, a member of the state public defender's office, and a	114071
chief probation officer. The attorney general shall appoint one	114072
member, who shall be from the bureau of criminal identification	114073
and investigation. The director of rehabilitation and correction	114074
shall appoint as many additional members as the director considers	114075
necessary to fulfill the mission of the compact. The Ohio council	114076
for interstate adult offender supervision is not subject to	114077
section 101.84 of the Revised Code.	114078

Each appointee to the state council shall be appointed in	114079
consultation with the department of rehabilitation and correction	114080
and shall serve at the pleasure of the appointing authority. The	114081
members of the council shall serve without compensation, but each	114082
member shall be reimbursed for the member's actual and necessary	114083
expenses incurred in the performance of the member's official	114084
duties on the council.	114085

The compact administrator for this state for the interstate	114086
compact for adult offender supervision, or the administrator's	114087
designee, shall serve as commissioner of the state council and as	114088
this state's representative to the interstate commission	114089
established under Article III of that compact.	114090

Sec. 5153.16. (A) Except as provided in section 2151.422 of	114091
the Revised Code, in accordance with rules adopted under section	114092
5153.166 of the Revised Code, and on behalf of children in the	114093
county whom the public children services agency considers to be in	114094
need of public care or protective services, the public children	114095
services agency shall do all of the following:	114096

(1) Make an investigation concerning any child alleged to be	114097
an abused, neglected, or dependent child;	114098

(2) Enter into agreements with the parent, guardian, or other	114099
person having legal custody of any child, or with the department	114100
of job and family services, department of ~~mental health~~mental	114101
health and addiction services, department of developmental	114102
disabilities, other department, any certified organization within	114103
or outside the county, or any agency or institution outside the	114104
state, having legal custody of any child, with respect to the	114105
custody, care, or placement of any child, or with respect to any	114106
matter, in the interests of the child, provided the permanent	114107
custody of a child shall not be transferred by a parent to the	114108
public children services agency without the consent of the	114109
juvenile court;	114110

(3) Accept custody of children committed to the public	114111
children services agency by a court exercising juvenile	114112
jurisdiction;	114113

(4) Provide such care as the public children services agency	114114
considers to be in the best interests of any child adjudicated to	114115
be an abused, neglected, or dependent child the agency finds to be	114116
in need of public care or service;	114117

(5) Provide social services to any unmarried girl adjudicated	114118
to be an abused, neglected, or dependent child who is pregnant	114119
with or has been delivered of a child;	114120

(6) Make available to the bureau for children with medical	114121
handicaps of the department of health at its request any	114122
information concerning a crippled child found to be in need of	114123
treatment under sections 3701.021 to 3701.028 of the Revised Code	114124
who is receiving services from the public children services	114125
agency;	114126

(7) Provide temporary emergency care for any child considered	114127
by the public children services agency to be in need of such care,	114128
without agreement or commitment;	114129

(8) Find certified foster homes, within or outside the	114130
county, for the care of children, including handicapped children	114131
from other counties attending special schools in the county;	114132

(9) Subject to the approval of the board of county	114133
commissioners and the state department of job and family services,	114134
establish and operate a training school or enter into an agreement	114135
with any municipal corporation or other political subdivision of	114136
the county respecting the operation, acquisition, or maintenance	114137
of any children's home, training school, or other institution for	114138
the care of children maintained by such municipal corporation or	114139
political subdivision;	114140

(10) Acquire and operate a county children's home, establish,	114141
maintain, and operate a receiving home for the temporary care of	114142
children, or procure certified foster homes for this purpose;	114143

(11) Enter into an agreement with the trustees of any	114144
district children's home, respecting the operation of the district	114145
children's home in cooperation with the other county boards in the	114146
district;	114147

(12) Cooperate with, make its services available to, and act	114148
as the agent of persons, courts, the department of job and family	114149
services, the department of health, and other organizations within	114150
and outside the state, in matters relating to the welfare of	114151
children, except that the public children services agency shall	114152
not be required to provide supervision of or other services	114153
related to the exercise of parenting time rights granted pursuant	114154
to section 3109.051 or 3109.12 of the Revised Code or	114155
companionship or visitation rights granted pursuant to section	114156
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	114157
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	114158
a common pleas court, pursuant to division (E)(6) of section	114159
3113.31 of the Revised Code, requires the provision of supervision	114160
or other services related to the exercise of the parenting time	114161
rights or companionship or visitation rights;	114162

(13) Make investigations at the request of any superintendent	114163
of schools in the county or the principal of any school concerning	114164
the application of any child adjudicated to be an abused,	114165
neglected, or dependent child for release from school, where such	114166
service is not provided through a school attendance department;	114167

(14) Administer funds provided under Title IV-E of the	114168
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	114169
amended, in accordance with rules adopted under section 5101.141	114170
of the Revised Code;	114171

(15) In addition to administering Title IV-E adoption	114172
assistance funds, enter into agreements to make adoption	114173
assistance payments under section 5153.163 of the Revised Code;	114174

(16) Implement a system of safety and risk assessment, in	114175
accordance with rules adopted by the director of job and family	114176
services, to assist the public children services agency in	114177
determining the risk of abuse or neglect to a child;	114178

(17) Enter into a plan of cooperation with the board of	114179
county commissioners under section 307.983 of the Revised Code and	114180
comply with each fiscal agreement the board enters into under	114181
section 307.98 of the Revised Code that include family services	114182
duties of public children services agencies and contracts the	114183
board enters into under sections 307.981 and 307.982 of the	114184
Revised Code that affect the public children services agency;	114185

(18) Make reasonable efforts to prevent the removal of an	114186
alleged or adjudicated abused, neglected, or dependent child from	114187
the child's home, eliminate the continued removal of the child	114188
from the child's home, or make it possible for the child to return	114189
home safely, except that reasonable efforts of that nature are not	114190
required when a court has made a determination under division	114191
(A)(2) of section 2151.419 of the Revised Code;	114192

(19) Make reasonable efforts to place the child in a timely	114193
manner in accordance with the permanency plan approved under	114194
division (E) of section 2151.417 of the Revised Code and to	114195
complete whatever steps are necessary to finalize the permanent	114196
placement of the child;	114197

(20) Administer a Title IV-A program identified under	114198
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	114199
Code that the department of job and family services provides for	114200
the public children services agency to administer under the	114201
department's supervision pursuant to section 5101.801 of the	114202
Revised Code;	114203

(21) Administer the kinship permanency incentive program	114204
created under section 5101.802 of the Revised Code under the	114205
supervision of the director of job and family services;	114206

(22) Provide independent living services pursuant to sections	114207
2151.81 to 2151.84 of the Revised Code;	114208

(23) File a missing child report with a local law enforcement	114209
agency upon becoming aware that a child in the custody of the	114210
public children services agency is or may be missing.	114211

(B) The public children services agency shall use the system	114212
implemented pursuant to division (A)(16) of this section in	114213
connection with an investigation undertaken pursuant to division	114214
(F)(1) of section 2151.421 of the Revised Code to assess both of	114215
the following:	114216

(1) The ongoing safety of the child;

114217

(2) The appropriateness of the intensity and duration of the	114218
services provided to meet child and family needs throughout the	114219
duration of a case.	114220

(C) Except as provided in section 2151.422 of the Revised	114221
Code, in accordance with rules of the director of job and family	114222
services, and on behalf of children in the county whom the public	114223
children services agency considers to be in need of public care or	114224
protective services, the public children services agency may do	114225
the following:	114226

(1) Provide or find, with other child serving systems,	114227
specialized foster care for the care of children in a specialized	114228
foster home, as defined in section 5103.02 of the Revised Code,	114229
certified under section 5103.03 of the Revised Code;	114230

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	114231
this section, contract with the following for the purpose of	114232
assisting the agency with its duties:	114233

(i) County departments of job and family services;

114234

(ii) Boards of alcohol, drug addiction, and mental health	114235
services;	114236

(iii) County boards of developmental disabilities;

114237

(iv) Regional councils of political subdivisions established	114238
under Chapter 167. of the Revised Code;	114239

(v) Private and government providers of services;

114240

(vi) Managed care organizations and prepaid health plans.

114241

(b) A public children services agency contract under division	114242
(C)(2)(a) of this section regarding the agency's duties under	114243
section 2151.421 of the Revised Code may not provide for the	114244
entity under contract with the agency to perform any service not	114245
authorized by the department's rules.	114246

(c) Only a county children services board appointed under	114247
section 5153.03 of the Revised Code that is a public children	114248
services agency may contract under division (C)(2)(a) of this	114249
section. If an entity specified in division (B) or (C) of section	114250
5153.02 of the Revised Code is the public children services agency	114251
for a county, the board of county commissioners may enter into	114252
contracts pursuant to section 307.982 of the Revised Code	114253
regarding the agency's duties.	114254

Sec. 5160.01. As used in this chapter:

114255

(A) "Dual eligible individual" has the same meaning as in the	114256
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	114257
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	114258
enrollee (MME).	114259

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

114260

(C) "Federal financial participation" means the federal	114261
government's share of expenditures made by an entity in	114262
implementing a medical assistance program.	114263

(D) "Medical assistance program" means all of the following:

114264

(1) The medicaid program;

114265

(2) The children's health insurance program;

114266

(3) The refugee medical assistance program;

114267

(4) Any other program that provides medical assistance and	114268
state statutes authorize the department of medicaid to administer.	114269

(E) "Medical assistance recipient" means a recipient of a	114270
medical assistance program. To the extent appropriate in the	114271
context, "medical assistance recipient" includes an individual	114272
applying for a medical assistance program, a former medical	114273
assistance recipient, or both.	114274

(F) "Medicaid managed care organization" has the same meaning	114275
as in section 5167.01 of the Revised Code.	114276

(G) "Refugee medical assistance program" means the program	114277
that the department of medicaid administers pursuant to section	114278
5160.50 of the Revised Code.	114279

Sec. 5160.011. References to the department or director of	114280
public welfare, department or director of human services,	114281
department or director of job and family services, office of	114282
medical assistance, or medical assistance director in any statute,	114283
rule, contract, grant, or other document is deemed to refer to the	114284
department of medicaid or medicaid director, as the case may be,	114285
to the extent the reference is about a duty or authority of the	114286
department of medicaid or medicaid director regarding a medical	114287
assistance program.	114288

Sec. 5160.02. The medicaid director shall adopt rules as	114289
necessary to implement this chapter.	114290

Sec. 5160.021. (A) When the medicaid director is authorized	114291
by a statute to adopt a rule, the director shall adopt the rule in	114292
accordance with the following:	114293

(1) Chapter 119. of the Revised Code if either of the	114294
following applies:	114295

(a) The statute authorizing the rule requires that the rule	114296
be adopted in accordance with Chapter 119. of the Revised Code.	114297

(b) Unless division (A)(2)(b) of this section applies, the	114298
statute authorizing the rule does not specify the procedure for	114299
the rule's adoption.	114300

(2) Section 111.15 of the Revised Code, excluding divisions	114301
(D) and (E) of that section, if either of the following applies:	114302

(a) The statute authorizing the rule requires that the rule	114303
be adopted in accordance with section 111.15 of the Revised Code	114304
and, by the terms of division (D) of that section, division (D) of	114305
that section does not apply to the rule.	114306

(b) The statute authorizing the rule does not specify the	114307
procedure for the rule's adoption and the rule concerns the	114308
day-to-day staff procedures and operations of the department of	114309
medicaid or financial and operational matters between the	114310
department and a person or government entity receiving a grant	114311
from the department.	114312

(3) Section 111.15 of the Revised Code, including divisions	114313
(D) and (E) of that section, if the statute authorizing the rule	114314
requires that the rule be adopted in accordance with that section	114315
and the rule is not exempt from the application of division (D) of	114316
that section.	114317

(B) Except as otherwise required by a statute, the adoption	114318
of a rule in accordance with Chapter 119. of the Revised Code does	114319
not make the department of medicaid subject to the notice,	114320
hearing, or other requirements of sections 119.06 to 119.13 of the	114321
Revised Code.	114322

Sec. 5160.03. The medicaid director is the executive head of	114323
the department of medicaid. All duties conferred on the department	114324
by law or order of the director are under the director's control	114325
and shall be performed in accordance with rules the director	114326
adopts.	114327

Sec. 5160.04. The medicaid director shall appoint one	114328
assistant director for the department of medicaid. The assistant	114329
director shall exercise powers, and perform duties, as ordered by	114330
the medicaid director. The assistant director shall act as the	114331
medicaid director in the medicaid director's absence or disability	114332
and when the position of medicaid director is vacant.	114333

Sec. 5160.05. The medicaid director may appoint such	114334
employees as are necessary for the efficient operation of the	114335
department of medicaid. The director may prescribe the title and	114336
duties of the employees.	114337

Sec. 5160.051. If the medicaid director determines that a	114338
position with the department of medicaid can best be filled in	114339
accordance with division (A)(2) of section 124.30 of the Revised	114340
Code or without regard to a residency requirement established by a	114341
rule adopted by the director of administrative services, the	114342
medicaid director shall provide the director of administrative	114343
services certification of the determination.	114344

Sec. 5160.052. The department of medicaid shall collaborate	114345
with the superintendent of the bureau of criminal identification	114346
and investigation to develop procedures and formats necessary to	114347
produce the notices described in division (C) of section 109.5721	114348
of the Revised Code in a format that is acceptable for use by the	114349
department. The medicaid director may adopt rules under section	114350
5160.02 of the Revised Code necessary for such collaboration. Any	114351
such rules shall be adopted in accordance with section 111.15 of	114352
the Revised Code as if they were internal management rules.	114353

The medicaid director may adopt rules under section 5160.02	114354
of the Revised Code necessary for utilizing the information	114355
received pursuant to section 109.5721 of the Revised Code. The	114356
rules shall be adopted in accordance with Chapter 119. of the	114357
Revised Code.	114358

Sec. 5160.06. The medicaid director may require any of the	114359
employees of the department of medicaid who may be charged with	114360
custody or control of any public money or property or who is	114361
required to give bond, to give a bond, properly conditioned, in a	114362
sum to be fixed by the director which when approved by the	114363
director, shall be filed in the office of the secretary of state.	114364
The cost of such bonds, when approved by the director, shall be	114365
paid from funds available for the department. The bonds required	114366
or authorized by this section may, in the discretion of the	114367
director, be individual, schedule, or blanket bonds.	114368

Sec. 5160.10. The medicaid director may expend funds	114369
appropriated or available to the department of medicaid from	114370
persons and government entities. For purposes of this section, the	114371
director may enter into contracts or agreements with persons and	114372
government entities and make grants to persons and government	114373
entities. To the extent permitted by federal law, the director may	114374
advance funds to a grantee when necessary for the grantee to	114375
perform duties under the grant as specified by the director.	114376

The director may adopt rules under section 5160.02 of the	114377
Revised Code as necessary to define terms and adopt procedures and	114378
other provisions necessary to implement this section.	114379

Sec. 5160.11. The state health care grants fund is hereby	114380
created in the state treasury. Money the department of medicaid	114381
receives from private foundations in support of pilot projects	114382
that promote exemplary programs that enhance programs the	114383
department administers shall be credited to the fund. The	114384
department may expend the money on such projects, may use the	114385
money, to the extent allowable, to match federal financial	114386
participation in support of such projects, and shall comply with	114387
requirements the foundations have stipulated in their agreements	114388
with the department as to the purposes for which the money may be	114389
expended.	114390

Sec. 5160.12. (A) As used in this section, "entity" includes	114391
an agency, board, commission, or department of the state or a	114392
political subdivision of the state; a private, nonprofit entity; a	114393
school district; a private school; or a public or private	114394
institution of higher education.	114395

(B) This section does not apply to contracts entered into	114396
under section 5162.32 or 5162.35 of the Revised Code.	114397

(C) At the request of any public entity having authority to	114398
implement a program administered by the department of medicaid or	114399
any private entity under contract with a public entity to	114400
implement a program administered by the department, the department	114401
may seek to obtain federal financial participation for costs	114402
incurred by the entity. Federal financial participation may be	114403
sought from programs operated pursuant to Title XIX of the "Social	114404
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	114405
regulation under which federal financial participation may be	114406
available, except that federal financial participation may be	114407
sought only for expenditures made with funds for which federal	114408
financial participation is available under federal law.	114409

(D) All funds collected by the department pursuant to	114410
division (C) of this section shall be distributed to the entities	114411
that incurred the costs.	114412

(E) In distributing federal financial participation pursuant	114413
to this section, the department may either enter into an agreement	114414
with the entity that is to receive the funds or distribute the	114415
funds in accordance with rules authorized by division (H) of this	114416
section. If the department decides to enter into an agreement to	114417
distribute the funds, the agreement may include terms that do any	114418
of the following:	114419

(1) Provide for the whole or partial reimbursement of any	114420
cost incurred by the entity in implementing the program;	114421

(2) In the event that federal financial participation is	114422
disallowed or otherwise unavailable for any expenditure, require	114423
the department or the entity, whichever party caused the	114424
disallowance or unavailability of federal financial participation,	114425
to assume responsibility for the expenditures;	114426

(3) Require the entity to certify to the department the	114427
availability of sufficient unencumbered funds to match the federal	114428
financial participation the entity receives under this section;	114429

(4) Establish the length of the agreement, which may be for a	114430
fixed or a continuing period of time;	114431

(5) Establish any other requirements determined by the	114432
department to be necessary for the efficient administration of the	114433
agreement.	114434

(F) An entity that receives federal financial participation	114435
pursuant to this section for a program aiding children and their	114436
families shall establish a process for collaborative planning with	114437
the department for the use of the funds to improve and expand the	114438
program.	114439

(G) Federal financial participation received pursuant to this	114440
section shall not be included in any calculation made under	114441
section 5101.16 or 5101.161 of the Revised Code.	114442

(H) The medicaid director may adopt rules under section	114443
5160.02 of the Revised Code as necessary to implement this	114444
section, including rules for the distribution of federal financial	114445
participation pursuant to this section. The rules shall be adopted	114446
in accordance with Chapter 119. of the Revised Code.	114447

Sec. 5160.13. The department of medicaid may enter into	114448
contracts with private entities to maximize federal revenue	114449
without the expenditure of state money. In selecting private	114450
entities with which to contract, the department shall engage in a	114451
request for proposals process. The department, subject to the	114452
approval of the controlling board, may also directly enter into	114453
contracts with public entities providing revenue maximization	114454
services.	114455

Sec. 5160.16. The department of medicaid may appoint and	114456
commission any competent person to serve as a special agent,	114457
investigator, or representative to perform a designated duty for	114458
and on behalf of the department. Specific credentials shall be	114459
given by the department to each person so designated, and each	114460
credential shall state the following:	114461

(A) The person's name;

114462

(B) The agency with which the person is connected;

114463

114464

(D) The date the appointment expires, if appropriate;

114465

(E) Such information as the department considers proper.

114466

Sec. 5160.20. (A) The department of medicaid may conduct any	114467
audits or investigations that are necessary in the performance of	114468
the department's duties, and to that end, the department has the	114469
same power as a judge of a county court to administer oaths and to	114470
enforce the attendance and testimony of witnesses and the	114471
production of books or papers.	114472

The department shall keep a record of the department's audits	114473
and investigations stating the time, place, charges, or subject;	114474
witnesses summoned and examined; and the department's conclusions.	114475

Witnesses shall be paid the fees and mileage provided for	114476
under section 119.094 of the Revised Code.	114477

(B) Any judge of any division of the court of common pleas,	114478
on application of the department, may compel the attendance of	114479
witnesses, the production of books or papers, and the giving of	114480
testimony before the department, by a judgment for contempt or	114481
otherwise, in the same manner as in cases before those courts.	114482

(C) Until an audit report is formally released by the	114483
department, the audit report or any working paper or other	114484
document or record prepared by the department and related to the	114485
audit that is the subject of the audit report is not a public	114486
record under section 149.43 of the Revised Code.	114487

(D) The medicaid director may adopt rules under section	114488
5160.02 of the Revised Code as necessary to implement this	114489
section. The rules shall be adopted in accordance with section	114490
111.15 of the Revised Code as if they were internal management	114491
rules.	114492

Sec. 5160.21. On the request of the medicaid director, the	114493
auditor of state may conduct an audit of any medical assistance	114494
recipient. If the auditor decides to conduct an audit under this	114495
section, the auditor shall enter into an interagency agreement	114496
with the department of medicaid that specifies that the auditor	114497
agrees to comply with section 5160.45 of the Revised Code with	114498
respect to any information the auditor receives pursuant to the	114499
audit.	114500

Sec. 5160.22. (A) The auditor of state and attorney general,	114501
or their designees, may examine any records, whether in computer	114502
or printed format, in the possession of the medicaid director or	114503
any county director of job and family services, regarding medical	114504
assistance programs. The auditor of state and attorney general	114505
shall do both of the following regarding the records:	114506

(1) Provide safeguards that restrict access to the records to	114507
purposes directly connected with an audit or investigation,	114508
prosecution, or criminal or civil proceeding conducted in	114509
connection with the administration of the programs;	114510

(2) Comply, and ensure that their designees comply, with	114511
section 5160.45 of the Revised Code and rules of the medicaid	114512
director restricting the disclosure of information regarding	114513
medical assistance recipients.	114514

(B) Any person who fails to comply with the restriction	114515
specified in division (A) of this section is disqualified from	114516
acting as an agent or employee or in any other capacity under	114517
appointment or employment of any state board, commission, or	114518
agency.	114519

Sec. 5160.23. The auditor of state is responsible for the	114520
costs the auditor incurs in carrying out the auditor's duties	114521
under sections 5160.21 and 5160.22 of the Revised Code.	114522

Sec. 5160.30. (A) Except as provided in divisions (B) and	114523
(C) of this section, the department of medicaid may accept	114524
applications, determine eligibility, redetermine eligibility, and	114525
perform related administrative activities for medical assistance	114526
programs.	114527

(B) The department may enter into agreements with one or more	114528
agencies of the federal government, the state, other states, and	114529
local governments of this or other states to accept applications,	114530
determine eligibility, redetermine eligibility, and perform	114531
related administrative activities on behalf of the department with	114532
respect to medical assistance programs.	114533

(C) If federal law requires a face-to-face interview to	114534
complete an eligibility determination for a medical assistance	114535
program, the department shall not conduct the face-to-face	114536
interview.	114537

(D) Subject to division (C) of this section, if the	114538
department elects to accept applications, determine eligibility,	114539
redetermine eligibility, and perform related administrative	114540
activities for a medical assistance program, both of the following	114541
apply:	114542

(1) An individual may apply for the medical assistance	114543
program to the department or an agency authorized by an agreement	114544
entered into under division (B) of this section to accept the	114545
individual's application;	114546

(2) The department is subject to federal statutes and	114547
regulations and state statutes and rules that require, permit, or	114548
prohibit an action regarding accepting applications, determining	114549
or redetermining eligibility, and performing related	114550
administrative activities for the medical assistance program.	114551

Sec. 5160.31. (A) A medical assistance recipient may appeal	114552
a decision regarding the recipient's eligibility for a medical	114553
assistance program or services available to the recipient under a	114554
medical assistance program.	114555

(B) Regarding appeals authorized by this section, the	114556
department of medicaid shall do one or more of the following:	114557

(1) Administer an appeals process similar to the appeals	114558
process established under section 5101.35 of the Revised Code;	114559

(2) Contract with the department of job and family services	114560
pursuant to section 5162.35 of the Revised Code to provide for the	114561
department of job and family services to hear the appeals in	114562
accordance with section 5101.35 of the Revised Code;	114563

(3) Delegate authority to hear appeals to an exchange or	114564
exchange appeals entity.	114565

(C) If a medical assistance recipient files an appeal as	114566
authorized by this section, the department of medicaid may do	114567
either or both of the following:	114568

(1) Take corrective action regarding the matter being	114569
appealed before a hearing decision regarding the matter is issued;	114570

(2) If a hearing decision, administrative appeal decision, or	114571
court ruling is against the recipient, take action in favor of the	114572
recipient despite the contrary decision or ruling, unless, in the	114573
case of a court's ruling, the ruling prohibits the department from	114574
taking the action.	114575

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	114576
to ~~5101.591~~5160.43 of the Revised Code:	114577

(A) "Information" means all of the following:

114578

(1) An individual's name, address, date of birth, and social	114579
security number;	114580

(2) The group or plan number, or other identifier, assigned	114581
by a third party to a policy held by an individual or a plan in	114582
which the individual participates and the nature of the coverage;	114583

(3) Any other data the medicaid director ~~of job and family~~	114584
~~services~~ specifies in rules ~~adopted under~~authorized by section	114585
~~5101.591~~5160.43 of the Revised Code.	114586

(B) ~~"Medical assistance" means medical items or services~~	114587
~~provided under any of the following:~~	114588

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	114589
~~Code;~~	114590

~~(2) The children's health insurance program part I, part II,~~	114591
~~and part III established under sections 5101.50, 5101.51, and~~	114592
~~5101.52 of the Revised Code.~~	114593

~~(C)~~ "Medical support" means support specified as support for	114594
the purpose of medical care by order of a court or administrative	114595
agency.	114596

~~(D) "Public assistance" means medical assistance or~~	114597
~~assistance under the Ohio works first program established under~~	114598
~~Chapter 5107. of the Revised Code.~~	114599

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	114600
except as provided in division ~~(E)~~(C)(3) of this section, "third	114601
party" means all of the following:	114602

(a) A person authorized to engage in the business of sickness	114603
and accident insurance under Title XXXIX of the Revised Code;	114604

(b) A person or governmental entity providing coverage for	114605
medical services or items to individuals on a self-insurance	114606
basis;	114607

(c) A health insuring corporation as defined in section	114608
1751.01 of the Revised Code;	114609

(d) A group health plan as defined in 29 U.S.C. 1167;

114610

(e) A service benefit plan as referenced in 42 U.S.C.	114611
1396a(a)(25);	114612

(f) A managed care organization;

114613

(g) A pharmacy benefit manager;

114614

(h) A third party administrator;

114615

(i) Any other person or governmental entity that is, by law,	114616
contract, or agreement, responsible for the payment or processing	114617
of a claim for a medical item or service for a ~~public~~medical	114618
assistance recipient ~~or participant~~.	114619

(2) Except when otherwise provided by the "Social Security	114620
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	114621
governmental entity listed in division ~~(E)~~(C)(1) of this section	114622
is a third party even if the person or governmental entity limits	114623
or excludes payments for a medical item or service in the case of	114624
a public assistance recipient.	114625

(3) "Third party" does not include the program for medically	114626
handicapped children established under section 3701.023 of the	114627
Revised Code.	114628

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	114629
assistance recipient's enrollment in a medical assistance program	114630
gives an automatic right of recovery to the department of ~~job and~~	114631
~~family services~~medicaid and a county department of job and family	114632
services against the liability of a third party for the cost of	114633
medical assistance paid on behalf of the ~~public assistance~~	114634
recipient ~~or participant~~. When an action or claim is brought	114635
against a third party by a ~~public~~medical assistance recipient or	114636
~~participant~~, any payment, settlement or compromise of the action	114637
or claim, or any court award or judgment, is subject to the	114638
recovery right of the department of ~~job and family services~~	114639
medicaid or county department ~~of job and family services~~. Except	114640
in the case of a medical assistance recipient ~~or participant~~ who	114641
receives medical assistance through a medicaid managed care	114642
organization, the department's or county department's claim shall	114643
not exceed the amount of medical assistance paid by athe	114644
department or county department on behalf of the recipient or	114645
~~participant~~. A payment, settlement, compromise, judgment, or award	114646
that excludes the cost of medical assistance paid for by athe	114647
department or county department shall not preclude a department	114648
from enforcing its rights under this section.	114649

(B) In the case of a medical assistance recipient or	114650
~~participant~~ who receives medical assistance through a medicaid	114651
managed care organization, the amount of the department's or	114652
county department's claim shall be the amount the medicaid managed	114653
care organization pays for medical assistance rendered to the	114654
recipient ~~or participant~~, even if that amount is more than the	114655
amount athe department or county department pays to the medicaid	114656
managed care organization for the recipient's ~~or participant's~~	114657
medical assistance.	114658

(C) A medical assistance recipient ~~or participant~~, and the	114659
recipient's ~~or participant's~~ attorney, if any, shall cooperate	114660
with the departments. In furtherance of this requirement, the	114661
medical assistance recipient ~~or participant~~, or the recipient's or	114662
~~participant's~~ attorney, if any, shall, not later than thirty days	114663
after initiating informal recovery activity or filing a legal	114664
recovery action against a third party, provide written notice of	114665
the activity or action to the department of ~~job and family~~	114666
~~services when~~medicaid or county department if it has paid for	114667
medical assistance under ~~medicaid has been paid~~a medical	114668
assistance program.	114669

(D) The written notice that must be given under division (C)	114670
of this section shall disclose the identity and address of any	114671
third party against whom the medical assistance recipient or	114672
~~participant~~ has or may have a right of recovery.	114673

(E) No settlement, compromise, judgment, or award or any	114674
recovery in any action or claim by a medical assistance recipient	114675
~~or participant~~ where the ~~departments have~~department or county	114676
department has a right of recovery shall be made final without	114677
first giving the ~~appropriate departments~~department or county	114678
department written notice as described in division (C) of this	114679
section and a reasonable opportunity to perfect ~~their~~its rights	114680
of recovery. If the ~~departments are~~department or county	114681
department is not given the appropriate written notice, the	114682
medical assistance recipient ~~or participant~~ and, if there is one,	114683
the recipient's ~~or participant's~~ attorney, are liable to reimburse	114684
the ~~departments~~department or county department for the recovery	114685
received to the extent of medical assistance payments made by the	114686
~~departments~~department or county department.	114687

(F) The ~~departments~~department or county department shall be	114688
permitted to enforce ~~their~~its recovery rights against the third	114689
party even though ~~they~~it accepted prior payments in discharge of	114690
~~their~~its rights under this section if, at the time the	114691
~~departments~~department or county department received such	114692
payments, ~~they were~~it was not aware that additional medical	114693
expenses had been incurred but had not yet been paid by the	114694
~~departments~~department or county department. The third party	114695
becomes liable to the department ~~of job and family services~~ or	114696
county department ~~of job and family services~~ as soon as the third	114697
party is notified in writing of the valid claims for recovery	114698
under this section.	114699

(G)(1) Subject to division (G)(2) of this section, the right	114700
of recovery of athe department or county department does not	114701
apply to that portion of any judgment, award, settlement, or	114702
compromise of a claim, to the extent of attorneys' fees, costs, or	114703
other expenses incurred by a medical assistance recipient or	114704
~~participant~~ in securing the judgment, award, settlement, or	114705
compromise, or to the extent of medical, surgical, and hospital	114706
expenses paid by such recipient ~~or participant~~ from the	114707
recipient's ~~or participant's~~ own resources.	114708

(2) Reasonable attorneys' fees, not to exceed one-third of	114709
the total judgment, award, settlement, or compromise, plus costs	114710
and other expenses incurred by the medical assistance recipient or	114711
~~participant~~ in securing the judgment, award, settlement, or	114712
compromise, shall first be deducted from the total judgment,	114713
award, settlement, or compromise. After fees, costs, and other	114714
expenses are deducted from the total judgment, award, settlement,	114715
or compromise, the department of ~~job and family services~~medicaid	114716
or ~~appropriate~~ county department ~~of job and family services~~ shall	114717
receive no less than one-half of the remaining amount, or the	114718
actual amount of medical assistance paid, whichever is less.	114719

(H) A right of recovery created by this section may be	114720
enforced separately or jointly by the department of ~~job and family~~	114721
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	114722
~~family services~~. To enforce ~~their~~its recovery rights, the	114723
~~departments~~department or county department may do any of the	114724
following:	114725

(1) Intervene or join in any action or proceeding brought by	114726
the medical assistance recipient ~~or participant~~ or on the	114727
recipient's ~~or participant's~~ behalf against any third party who	114728
may be liable for the cost of medical assistance paid;	114729

(2) Institute and pursue legal proceedings against any third	114730
party who may be liable for the cost of medical assistance paid;	114731

(3) Initiate legal proceedings in conjunction with any	114732
injured, diseased, or disabled medical assistance recipient or	114733
~~participant~~ or the recipient's ~~or participant's~~ attorney or	114734
representative.	114735

(I) A medical assistance recipient ~~or participant~~ shall not	114736
assess attorney fees, costs, or other expenses against the	114737
department of ~~job and family services~~medicaid or a county	114738
department ~~of job and family services~~ when the department or	114739
county department enforces its right of recovery created by this	114740
section.	114741

(J) The right of recovery given to the department under this	114742
section ~~does not include rights to support from any other person~~	114743
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	114744
~~Revised Code, but~~ includes payments made by a third party under	114745
contract with a person having a duty to support.	114746

(K) The department of medicaid may assign to a medical	114747
assistance provider the right of recovery given to the department	114748
under this section with respect to any claim for which the	114749
department has notified the provider that the department intends	114750
to recoup the department's prior payment for the claim.	114751

Sec. 5160.371. In addition to the requirement of division	114752
(C) of section 5160.37 of the Revised Code to cooperate with the	114753
department of medicaid and county department of job and family	114754
services, a medical assistance recipient and the recipient's	114755
attorney, if any, shall cooperate with each medical provider of	114756
the recipient. Cooperation with a medical provider shall consist	114757
of disclosing to the provider all information the recipient and	114758
attorney, if any, possess that would assist the provider in	114759
determining each third party that is responsible for the payment	114760
or processing of a claim for medical assistance provided to the	114761
recipient. If disclosure is not made in accordance with this	114762
section, the recipient and the recipient's attorney, if any, are	114763
liable to reimburse the department or county department for the	114764
amount that would have been paid by a third party had the third	114765
party been disclosed to the provider by the recipient or the	114766
recipient's attorney.	114767

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	114768
ofenrollment in, ~~public~~a medical assistance program constitutes	114769
an automatic assignment of ~~certain~~ rights specified in division	114770
(B) of this section to the department of ~~job and family services~~	114771
medicaid. This assignment includes the rights of the ~~applicant,~~	114772
medical assistance recipient~~, or participant~~ and also the rights	114773
of any other member of the assistance group for whom the	114774
~~applicant,~~ recipient~~, or participant~~ can legally make an	114775
assignment.	114776

(B) Pursuant to this section, ~~the applicant,~~a medical	114777
assistance recipient~~, or participant~~ assigns to the department any	114778
rights to medical support available to the ~~applicant,~~ recipient,	114779
~~or participant~~ or ~~for~~ other members of the recipient's assistance	114780
group under an order of a court or administrative agency, and any	114781
rights to payments by a liable third party for the cost of medical	114782
assistance paid on behalf of ~~a public assistance~~the recipient or	114783
~~participant~~or other members of the assistance group. The	114784
recipient ~~or participant~~ shall cooperate with the department in	114785
obtaining such payments.	114786

Medicare benefits shall not be assigned pursuant to this	114787
section. Benefits assigned to the department by operation of this	114788
section are directly reimbursable to the department by liable	114789
third parties.	114790

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	114791
~~or participant~~ to cooperate in obtaining medical assistance paid	114792
for self or any other member of the recipient's assistance group	114793
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	114794
~~public~~a medical assistance program, unless cooperation is waived	114795
by the department. Eligibility shall continue for any individual	114796
who cannot legally assign the individual's own rights and who	114797
would have been eligible for ~~public~~a medical assistance program	114798
but for the refusal to assign the individual's rights or to	114799
cooperate as required by this section by another person legally	114800
able to assign the individual's rights.	114801

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	114802
~~participant~~ or any member of the recipient's assistance group	114803
becomes ineligible for ~~public~~a medical assistance program, the	114804
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	114805
or ~~member of the~~ assistance group member any future rights to	114806
benefits assigned under this section.	114807

~~(E) The rights of assignment given to the department under~~	114808
~~this section do not include rights to support assigned under~~	114809
~~section 5107.20 or 5115.07 of the Revised Code.~~	114810

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	114811
with the department of ~~job and family services~~medicaid in	114812
identifying individuals for the purpose of establishing third	114813
party liability ~~pursuant to Title XIX of the Social Security Act,~~	114814
~~as amended~~regarding medical assistance programs.	114815

(B) In furtherance of the requirement in division (A) of this	114816
section and to allow the department to determine any period that	114817
the individual or the individual's spouse or dependent may have	114818
been covered by the third party and the nature of the coverage, a	114819
third party shall provide, as the department so chooses,	114820
information or access to information, or both, in the third	114821
party's electronic data system on the department's request and in	114822
accordance with division (C) of this section.	114823

(C)(1) If the department chooses to receive information	114824
directly, the third party shall provide the information under all	114825
of the following circumstances:	114826

(a) In a medium, format, and manner prescribed ~~by the~~	114827
~~director of job and family services~~ in rules ~~adopted under~~	114828
authorized by section ~~5101.591~~5160.43 of the Revised Code;	114829

(b) Free of charge;

114830

(c) Not later than the end of the thirtieth day after the	114831
department makes its request, unless a different time is agreed to	114832
by the director in writing.	114833

(2) If the department chooses to receive access to	114834
information, the third party shall provide access by a method	114835
prescribed ~~by the director of job and family services~~ in rules	114836
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	114837
Revised Code. In facilitating access, the department may enter	114838
into a trading partner agreement with the third party to permit	114839
the exchange of information via "ASC X 12N 270/271 Health Care	114840
Eligibility Benefit Inquiry and Response" transactions.	114841

(D) All of the following apply with respect to information	114842
provided by a third party to the department under this section:	114843

(1) The information is confidential and not a public record	114844
under section 149.43 of the Revised Code.	114845

(2) The release of information to the department is not to be	114846
considered a violation of any right of confidentiality or contract	114847
that the third party may have with covered persons including, but	114848
not limited to, contractees, beneficiaries, heirs, assignees, and	114849
subscribers.	114850

(3) The third party is immune from any liability that it may	114851
otherwise incur through its release of information to the	114852
department.	114853

The department ~~of job and family services~~ shall limit its use	114854
of information gained from third parties to purposes directly	114855
connected with the administration of the medicaid program and the	114856
child support program authorized by Title IV-D of the "Social	114857
Security Act.," 42 U.S.C. 651 et seq.	114858

(E) No third party shall disclose to other parties or make	114859
use of any information regarding medical assistance recipients of	114860
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	114861
obtains from the department, except in the manner provided ~~for by~~	114862
~~the director of job and family services~~ in ~~administrative~~ rules	114863
authorized by section 5160.43 of the Revised Code.	114864

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	114865
of this section, a third party shall do all of the following:	114866

(1) Accept the department of ~~job and family services'~~	114867
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	114868
Revised Code and the assignment of rights to the department that	114869
are described in section ~~5101.59~~5160.38 of the Revised Code;	114870

(2) Respond to an inquiry by the department regarding a claim	114871
for payment of a medical item or service that was submitted to the	114872
third party not later than six years after the date of the	114873
provision of such medical item or service;	114874

(3) Not charge a fee to do either of the following for a	114875
claim described in division (A)(2) of this section:	114876

(a) Determine whether the claim should be paid;

114877

(b) Process the claim.

114878

(4) Pay a claim described in division (A)(2) of this section;

114879

(5) Not deny a claim submitted by the department solely on	114880
the basis of the date of submission of the claim, type or format	114881
of the claim form, or a failure by the medical assistance	114882
recipient who is the subject of the claim to present proper	114883
documentation of coverage at the time of service, if both of the	114884
following ~~are true~~have occurred:	114885

(a) The claim was submitted by the department not later than	114886
six years after the date of the provision of the medical item or	114887
service.	114888

(b) An action by the department to enforce its right of	114889
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	114890
claim was commenced not later than six years after the	114891
department's submission of the claim.	114892

(6) Consider the department's payment of a claim for a	114893
medical item or service to be the equivalent of the medical	114894
assistance recipient having obtained prior authorization for the	114895
item or service from the third party;	114896

(7) Not deny a claim described in division (A)(6) of this	114897
section that is submitted by the department solely on the basis of	114898
the medical assistance recipient's failure to obtain prior	114899
authorization for the medical item or service.	114900

(B) For purposes of the requirements in division (A) of this	114901
section, a third party shall treat a medicaid managed care	114902
organization as the department for a claim ~~in which both of the~~	114903
~~following are true:~~	114904

~~(1) The~~if the individual who is the subject of the claim	114905
received a medical item or service through a medicaid managed care	114906
organization ~~that has entered into a contract with the department~~	114907
~~of job and family services under section 5111.17 of the Revised~~	114908
~~Code;~~	114909

~~(2) The~~and the department has assigned its right of recovery	114910
for the claim to the medicaid managed care organization.	114911

(C) If the department of medicaid, as permitted by division	114912
(K) of section 5160.37 of the Revised Code, assigns to a medical	114913
assistance provider the department's right of recovery for a claim	114914
for which it has notified the provider that it intends to recoup	114915
its prior payment for a claim, a third party shall treat the	114916
provider as the department and shall pay the provider the greater	114917
of the following:	114918

(1) The amount the department intends to recoup from the	114919
provider for the claim.	114920

(2) If the third party and the provider have an agreement	114921
that requires the third party to pay the provider at the time the	114922
provider presents the claim to the third party, the amount that is	114923
to be paid under that agreement.	114924

(D) The time limitations associated with the requirements in	114925
divisions (A)(2) and (5) of this section apply only to submissions	114926
of claims to, and payments of claims by, a health insurer to which	114927
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	114928
1396a(a)(25)(I), applies.	114929

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	114930
an individual is eligible for or ~~receives~~enrolled in a medical	114931
assistance program when either of the following applies:	114932

(A) The individual seeks to obtain a policy or enroll in a	114933
plan or program operated or administered by the third party;	114934

(B) The individual, or a person or governmental entity on the	114935
individual's behalf, seeks payment for a medical item or service	114936
provided to the individual.	114937

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	114938
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	114939
Revised Code, a governmental entity that is responsible for	114940
issuing a license, certificate of authority, registration, or	114941
approval that authorizes the third party to do business in this	114942
state may impose a fine against the third party or deny, revoke,	114943
or terminate the third party's license, certificate, registration,	114944
or approval to do business in this state. The governmental entity	114945
shall determine which sanction is to be imposed. All actions to	114946
impose the sanction shall be taken in accordance with Chapter 119.	114947
of the Revised Code.	114948

(B) In addition to the sanctions that may be imposed under	114949
division (A) of this section for a violation of section ~~5101.572~~	114950
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	114951
Code, the attorney general may petition a court of common pleas to	114952
enjoin the violation.	114953

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	114954
~~of this section, the~~The medicaid director ~~of job and family~~	114955
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	114956
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	114957
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	114958
that specify what constitutes cooperating with efforts to obtain	114959
support or payments, or medical assistance payments, and when	114960
cooperation may be waived.	114961

(B) The department shall adopt rules ~~in accordance with~~	114962
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	114963
of the following:	114964

(1) For purposes of the definition of "information" in	114965
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	114966
data other than the data specified in that division that should be	114967
included in the definition.	114968

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	114969
5160.39 of the Revised Code, the medium, format, and manner in	114970
which a third party must provide information to the department.	114971

(3) For purposes of division (C)(2) of section ~~5101.572~~	114972
5160.39 of the Revised Code, the method by which a third party	114973
must provide the department with access to information.	114974

(C) Rules authorized by division (A) of this section may be	114975
adopted in accordance with section 111.15 of the Revised Code.	114976
Rules authorized by division (B) of this section shall be adopted	114977
in accordance with Chapter 119. of the Revised Code.	114978

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	114979
5160.481 of the Revised Code, "information" means all of the	114980
following:	114981

(1) Records, as defined in section 149.011 of the Revised	114982
Code;	114983

(2) Any other documents in any format;

114984

(3) Data derived from records and documents that are	114985
generated, acquired, or maintained by the department of medicaid,	114986
a county department of job and family services, or an entity	114987
performing duties on behalf of the department or a county	114988
department.	114989

(B) Except as permitted by this section, section ~~5101.273~~	114990
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	114991
5160.48 or 5160.481 of the Revised Code, or when required by	114992
federal law, no person or government entity shall use or disclose	114993
information regarding a medical assistance recipient for any	114994
purpose not directly connected with the administration of ~~the~~a	114995
medical assistance program.	114996

~~(B)~~(C) Both of the following shall be considered to be	114997
purposes directly connected with the administration of ~~the~~a	114998
medical assistance program:	114999

(1) Treatment, payment, or other operations or activities	115000
authorized by 42 C.F.R. Chapter IV;	115001

(2) Any administrative function or duty the department of ~~job~~	115002
~~and family services~~medicaid performs alone or jointly with a	115003
federal government entity, another state government entity, or a	115004
local government entity implementing a provision of federal law.	115005

~~(C)~~(D) The department or a county ~~agency~~department of job	115006
and family services may disclose information regarding a medical	115007
assistance recipient to any of the following:	115008

(1) The recipient or the recipient's authorized	115009
representative;	115010

(2) The recipient's legal guardian in accordance with	115011
division (C) of section 2111.13 of the Revised Code;	115012

(3) The attorney of the recipient, if the department or	115013
county ~~agency~~department has obtained authorization from the	115014
recipient,or the recipient's authorized representative, or ~~the~~	115015
~~recipient's~~ legal guardian that meets all requirements of the	115016
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	115017
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	115018
regulations promulgated by the United States department of health	115019
and human services to implement the act, section ~~5101.272~~5160.46	115020
of the Revised Code, and any rules ~~the director of job and family~~	115021
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	115022
Revised Code;	115023

(4) A health information or health records management entity	115024
that has executed with the department a business associate	115025
agreement required by 45 C.F.R 164.502(e)(2) and has been	115026
authorized by the recipient,or the recipient's authorized	115027
representative, or ~~the recipient's~~ legal guardian to receive the	115028
recipient's electronic health records in accordance with rules ~~the~~	115029
~~director of job and family services adopts under~~authorized by	115030
section ~~5101.30~~5160.48 of the Revised Code;	115031

(5) A court if pursuant to a written order of the court.

115032

~~(D)~~(E) The department may receive from county departments of	115033
job and family services information regarding any medical	115034
assistance recipient for purposes of training and verifying the	115035
accuracy of eligibility determinations for a medical assistance	115036
program. The department may assemble information received under	115037
this division into a report if the report is in a form specified	115038
by the department. Information received and assembled into a	115039
report under this division shall remain confidential and not be	115040
subject to disclosure pursuant to section 149.43 or 1347.08 of the	115041
Revised Code.	115042

~~(E)~~(F) The department shall notify courts in this state	115043
regarding its authority, under division ~~(C)~~(D)(5) of this section,	115044
to disclose information regarding a medical assistance recipient	115045
pursuant to a written court order.	115046

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	115047
Revised Code, an authorization shall be made on a form that uses	115048
language understandable to the average person and contains all of	115049
the following:	115050

(1) A description of the information to be used or disclosed	115051
that identifies the information in a specific and meaningful	115052
fashion;	115053

(2) The name or other specific identification of the person	115054
or class of persons authorized to make the requested use or	115055
disclosure;	115056

(3) The name or other specific identification of the person	115057
or government entity to which the information may be released;	115058

(4) A description of each purpose of the requested use or	115059
disclosure of the information;	115060

(5) The date on which the authorization expires or an event	115061
related either to the individual who is the subject of the request	115062
or to the purposes of the requested use or disclosure, the	115063
occurrence of which will cause the authorization to expire;	115064

(6) A statement that the information used or disclosed	115065
pursuant to the authorization may be disclosed by the recipient of	115066
the information and may no longer be protected from disclosure;	115067

(7) The signature of the individual or the individual's	115068
authorized representative and the date on which the authorization	115069
was signed;	115070

(8) If signed by an authorized representative, a description	115071
of the representative's authority to act for the individual;	115072

(9) A statement of the individual or authorized	115073
representative's right to prospectively revoke the written	115074
authorization in writing, along with either of the following:	115075

(a) A description of how the individual or authorized	115076
representative may revoke the authorization;	115077

(b) If the department of medicaid has established a privacy	115078
notice that contains a description of how the individual or	115079
authorized representative may revoke the authorization, a	115080
reference to the privacy notice.	115081

(10) A statement that treatment, payment, enrollment, or	115082
eligibility for a medical assistance program cannot be conditioned	115083
on signing the authorization unless the authorization is necessary	115084
for determining eligibility for the program.	115085

(B) An authorization for the release of information regarding	115086
a medical assistance recipient to the recipient's attorney under	115087
division (D)(3) of section 5160.45 of the Revised Code may include	115088
a provision specifically authorizing the release of the	115089
recipient's electronic health records, if any, in accordance with	115090
rules authorized by section 5160.48 or 5160.481 of the Revised	115091
Code.	115092

(C) When an individual requests information pursuant to	115093
section 5160.45 of the Revised Code regarding the individual's	115094
enrollment in a medical assistance program and does not wish to	115095
provide a statement of purpose, the statement "at request of the	115096
individual" is a sufficient description for purposes of division	115097
(A)(4) of this section.	115098

Sec. 5160.47. The department of medicaid shall enter into	115099
any necessary agreements with the United States department of	115100
health and human services and neighboring states to join and	115101
participate as an active member in the public assistance reporting	115102
information system. The department may disclose information	115103
regarding a medical assistance recipient to the extent necessary	115104
to participate as an active member in the system.	115105

Sec. 5160.48. (A) The medicaid director shall adopt rules	115106
under section 5160.02 of the Revised Code implementing sections	115107
5160.45 to 5160.481 of the Revised Code and governing the custody,	115108
use, disclosure, and preservation of the information generated or	115109
received by the department of medicaid, county departments of job	115110
and family services, other state and county entities, contractors,	115111
grantees, private entities, or officials participating in the	115112
administration of medical assistance programs. The rules shall be	115113
adopted in accordance with Chapter 119. of the Revised Code. The	115114
rules may define who is an "authorized representative" for	115115
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	115116
rules shall specify conditions and procedures for the release of	115117
information, which may include both of the following:	115118

(1) Permitting a provider of a service under a medical	115119
assistance program limited access to information that is essential	115120
for the provider to render the service or to bill for the service	115121
rendered;	115122

(2) Permitting a contractor, grantee, or other state or	115123
county entity limited access to information that is essential for	115124
the contractor, grantee, or entity to perform administrative or	115125
other duties on behalf of the department or a county department.	115126

(B) The department of aging, when investigating a complaint	115127
under section 173.20 of the Revised Code, shall be granted any	115128
limited access permitted in the rules authorized by division	115129
(A)(1) of this section.	115130

A contractor, grantee, or entity given access to information	115131
pursuant to the rules authorized by division (A)(2) of this	115132
section is bound by the director's rules. Disclosure of the	115133
information by the contractor, grantee, or entity in a manner not	115134
authorized by the rules is a violation of section 5160.45 of the	115135
Revised Code.	115136

Sec. 5160.481. Whenever names, addresses, or other	115137
information relating to medical assistance recipients is held by	115138
any agency other than the department of medicaid or a county	115139
department of job and family services, that other agency shall	115140
adopt rules consistent with sections 5160.45 to 5160.481 of the	115141
Revised Code to prevent the publication or disclosure of names,	115142
lists, or other information concerning those recipients.	115143

Sec. 5160.50. The department of medicaid shall administer	115144
the refugee medical assistance program authorized by the	115145
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	115146
1522(e).	115147

Sec. 5160.52. The medicaid director may provide for the	115148
department of medicaid to develop, participate in the development	115149
of, negotiate, and enter into one or more interstate compacts on	115150
behalf of this state with agencies of any other states, for the	115151
provision of medical assistance to children in relation to whom	115152
all of the following apply:	115153

(A) They have special needs.

115154

(B) This state or another state that is a party to the	115155
interstate compact is providing adoption assistance on their	115156
behalf.	115157

(C) They move into this state from another state or move out	115158
of this state to another state.	115159

Sec. 5160.99. Whoever violates division (B) of section	115160
5160.45 of the Revised Code is guilty of a misdemeanor of the	115161
first degree.	115162

Sec. 5161.01. (A) As used in the Revised Code, "children's	115163
health insurance program" and, when used as an acronym for the	115164
children's health insurance program, "CHIP" mean the program of	115165
child health assistance authorized by Title XXI of the "Social	115166
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	115167
and CHIP part III, as authorized by this chapter, are components	115168
of CHIP. Any reference in statute enacted by the general assembly	115169
to medicaid or the medicaid program also means CHIP to the extent,	115170
if any, that CHIP is provided under the medicaid program.	115171

(B) As used in this chapter, "federal poverty line" means the	115172
official poverty line defined by the United States office of	115173
management and budget based on the most recent data available from	115174
the United States bureau of the census and revised by the United	115175
States secretary of health and human services pursuant to the	115176
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	115177
U.S.C. 9902(2).	115178

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	115179
~~family services~~ may adopt rules in accordance with Chapter 119. of	115180
the Revised Code as necessary for the efficient administration of	115181
the children's health insurance program ~~part I~~, including rules	115182
that establish all of the following:	115183

(A) The conditions under which ~~health assistance services~~	115184
the program will ~~be reimbursed~~pay for health benefits coverage;	115185

(B) The method of ~~reimbursement applicable to services~~	115186
~~reimbursable under~~ the ~~program~~payment;	115187

(C) The amount of ~~reimbursement~~payment, or the method by	115188
which the amount is to be determined, for each ~~reimbursable~~	115189
service included in the health benefits coverage.	115190

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	115191
~~5101.529 of the Revised Code:~~	115192

~~(1) "Children's health insurance program" means the program~~	115193
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	115194
~~552 (1997), 42 U.S.C.A. 1397aa.~~	115195

~~(2) "Federal poverty guidelines" has the same meaning as in~~	115196
~~section 5101.46 of the Revised Code.~~	115197

~~(B)~~ The medicaid director ~~of job and family services~~ may	115198
continue to operate the component of the children's health	115199
insurance program initially authorized by an executive order	115200
issued under section 107.17 of the Revised Code as long as federal	115201
financial participation is available for the program. If operated,	115202
the ~~program~~component shall ~~provide health assistance to~~pay for	115203
part or all of the cost of health benefits coverage for uninsured	115204
individuals under nineteen years of age with family incomes not	115205
exceeding one hundred fifty per cent of the federal poverty	115206
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	115207
~~director may provide for the health assistance to meet the~~	115208
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	115209
~~medicaid program established under Chapter 5111. of the Revised~~	115210
~~Code, or to be a combination of both.~~	115211

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	115212
component of the children's health insurance program authorized by	115213
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	115214
~~children's health insurance program~~CHIP part I.	115215

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	115216
governing the children's health insurance program, the medicaid	115217
director ~~of job and family services~~ may submit a state child	115218
health plan to the United States secretary of health and human	115219
services to ~~provide~~pay, except as provided in section ~~5101.516~~	115220
5161.22 of the Revised Code, ~~health assistance to~~for part or all	115221
of the cost of health benefits coverage for uninsured individuals	115222
under nineteen years of age with family incomes above one hundred	115223
fifty per cent of the federal poverty ~~guidelines~~line but not	115224
exceeding two hundred per cent of the federal poverty ~~guidelines~~	115225
line. If the director submits the plan, the director shall ~~include~~	115226
~~both of the following~~stipulate in the plan:	115227

~~(A) The health assistance will not begin before January 1,~~	115228
~~2000.~~	115229

~~(B) The health assistance~~that the payments will be available	115230
only while federal financial participation is available for it	115231
them.	115232

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	115233
component of the children's health insurance program authorized by	115234
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	115235
~~children's health insurance program~~CHIP part II.	115236

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	115237
~~family services~~ submits a state child health plan to the United	115238
States secretary of health and human services under section	115239
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	115240
plan, the director shall implement ~~the children's health insurance~~	115241
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	115242
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	115243
~~necessary for the efficient administration of the program,~~	115244
~~including rules that establish all of the following:~~	115245

~~(A) The conditions under which health assistance services~~	115246
~~will be reimbursed;~~	115247

~~(B) The method of reimbursement applicable to services~~	115248
~~reimbursable under the program~~;	115249

~~(C) The amount of reimbursement, or the method by which the~~	115250
~~amount is to be determined, for each reimbursable service~~.	115251

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	115252
governing the children's health insurance program, the medicaid	115253
director ~~of job and family services~~ may submit a request for a	115254
federal waiver to the United States secretary of health and human	115255
services to ~~provide~~pay, except as provided in section ~~5101.526~~	115256
5161.22 of the Revised Code, ~~health assistance to~~for part or all	115257
of the cost of health benefits coverage for individuals under	115258
nineteen years of age with family incomes above two hundred per	115259
cent of the federal poverty ~~guidelines~~line but not exceeding	115260
three hundred per cent of the federal poverty ~~guidelines~~line. If	115261
the director submits the ~~plan~~waiver request, the director shall	115262
stipulate in the ~~plan~~request that the ~~health assistance~~payments	115263
will be available only while federal financial participation is	115264
available for ~~it and that health assistance shall not begin before~~	115265
~~January 1, 2008~~them.	115266

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	115267
component of the children's health insurance program authorized by	115268
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	115269
~~children's health insurance program~~CHIP part III.	115270

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	115271
~~family services~~ submits a waiver request to the United States	115272
secretary of health and human services under section ~~5101.52~~	115273
5161.15 of the Revised Code and the secretary grants the waiver,	115274
the director shall implement ~~the children's health insurance~~	115275
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	115276
~~may adopt rules in accordance with Chapter 119. of the Revised~~	115277
~~Code as necessary for the efficient administration of the program,~~	115278
~~including rules that establish all of the following:~~	115279

~~(A) The conditions under which health assistance services~~	115280
~~will be reimbursed;~~	115281

~~(B) The method of reimbursement applicable to services~~	115282
~~reimbursable under the program;~~	115283

~~(C) The amount of reimbursement, or the method by which the~~	115284
~~amount is to be determined, for each reimbursable service.~~	115285

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	115286
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	115287
~~and family services shall provide for health assistance under~~ the	115288
children's health insurance program ~~part III to meet~~shall	115289
provide payments for obtaining health benefits coverage through	115290
any of the following:	115291

(A) Obtaining coverage that meets the requirements the	115292
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	115293
~~provided~~;	115294

(B) Providing benefits under the medicaid program ~~established~~	115295
~~under Chapter 5111. of the Revised Code, or to be a~~;	115296

(C) A combination of ~~both~~divisions (A) and (B) of this	115297
section.	115298

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	115299
~~family services~~ determines that federal financial participation	115300
for ~~the children's health insurance program~~CHIP part II, part	115301
III, or both parts is insufficient to ~~provide health assistance~~	115302
topay for part or all of the costs of health benefits coverage	115303
for all the individuals the director anticipates are eligible for	115304
the ~~program~~part or parts, the director may refuse to accept new	115305
applications for the ~~program~~part or parts or may make the	115306
~~program's~~ eligibility requirements more restrictive for the part	115307
or parts.	115308

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	115309
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	115310
medicaid director ~~of job and family services~~ may require an	115311
individual ~~receiving health assistance under the children's health~~	115312
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	115313
part II to pay a premium, deductible, coinsurance payment, or	115314
other cost-sharing expense.	115315

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	115316
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	115317
director ~~of job and family services~~ shall require an individual	115318
~~receiving health assistance under the children's health insurance~~	115319
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	115320
pay the following as a term of ~~participation in the program~~	115321
enrollment:	115322

(A) A premium of not less than forty dollars per month for a	115323
family with one individual ~~receiving health assistance under~~	115324
seeking to enroll, or who is enrolled, in the ~~program~~part;	115325

(B) A premium of not less than eighty dollars per month for a	115326
family with two individuals ~~receiving health assistance under~~	115327
seeking to enroll, or who is enrolled, in the ~~program~~part;	115328

(C) A premium of not less than one hundred twenty dollars per	115329
month for a family with three or more individuals ~~receiving health~~	115330
~~assistance under~~seeking to enroll, or who are enrolled, in the	115331
~~program~~part.	115332

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	115333
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	115334
be treated as an application for ~~health assistance under~~ the	115335
children's health insurance program ~~part II~~ if the application is	115336
for an assistance group that includes a child under nineteen years	115337
of age and is denied.	115338

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	115339
~~family services~~ may contract with a government entity or person to	115340
perform the director's administrative duties regarding ~~the~~	115341
~~children's health insurance program~~CHIP part I, part II, part	115342
III, two of the parts, or all three parts, other than the duty to	115343
submit a state child health plan to the United States secretary of	115344
health and human services under section ~~5101.51~~5161.10 of the	115345
Revised Code, the duty to submit a waiver request under section	115346
5161.15 of the Revised Code, and the duty to adopt rules under	115347
section ~~5101.512~~5161.02 of the Revised Code.	115348

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	115349
~~family services~~ may submit a waiver request to the United States	115350
secretary of health and human services to provide health	115351
assistance to any individual who meets all of the following	115352
requirements:	115353

(1) Is the parent of a child who is under nineteen years of	115354
age ~~who~~, resides with the parent, and is ~~eligible for health~~	115355
~~assistance under~~enrolled in the children's health insurance	115356
program part I or II or the medicaid program ~~established under~~	115357
~~Chapter 5111. of the Revised Code~~;	115358

(2) Is uninsured;

115359

(3) Has a family income that does not exceed one hundred per	115360
cent of the federal poverty ~~guidelines~~line.	115361

(B) A waiver request the director submits under division (A)	115362
of this section may seek federal funds allotted to the state under	115363
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	115364
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	115365
otherwise used to fund the children's health insurance program	115366
parts I and II.	115367

~~(C) If a waiver request the director submits under division~~	115368
~~(A) of this section is granted, the director may adopt rules in~~	115369
~~accordance with Chapter 119. of the Revised Code as necessary for~~	115370
~~the efficient administration of the program authorization by the~~	115371
~~waiver.~~	115372

Sec. 5162.01. (A) As used in the Revised Code:

115373

(1) "Medicaid" and "medicaid program" mean the program of	115374
medical assistance established by Title XIX of the "Social	115375
Security Act," 42 U.S.C. 1396 et seq., including any medical	115376
assistance provided under the medicaid state plan or a federal	115377
medicaid waiver granted by the United States secretary of health	115378
and human services.	115379

(2) "Medicare" and "medicare program" mean the federal health	115380
insurance program established by Title XVIII of the "Social	115381
Security Act," 42 U.S.C. 1395 et seq.	115382

(B) As used in this chapter:

115383

(1) "Dual eligible individual" has the same meaning as in	115384
section 5160.01 of the Revised Code.	115385

(2) "Federal financial participation" has the same meaning as	115386
in section 5160.01 of the Revised Code.	115387

(3) "Federal poverty line" means the official poverty line	115388
defined by the United States office of management and budget based	115389
on the most recent data available from the United States bureau of	115390
the census and revised by the United States secretary of health	115391
and human services pursuant to the "Omnibus Budget Reconciliation	115392
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	115393

(4) "Healthy start component" means the component of the	115394
medicaid program that covers pregnant women and children and is	115395
identified in rules adopted under section 5162.02 of the Revised	115396
Code as the healthy start component.	115397

(5) "ICF/IID" has the same meaning as in section 5124.01 of	115398
the Revised Code.	115399

(6) "Medicaid managed care organization" has the same meaning	115400
as in section 5167.01 of the Revised Code.	115401

(7) "Medicaid provider" has the same meaning as in section	115402
5164.01 of the Revised Code.	115403

(8) "Medicaid services" has the same meaning as in section	115404
5164.01 of the Revised Code.	115405

(9) "Nursing facility" has the same meaning as in section	115406
5165.01 of the Revised Code.	115407

(10) "Political subdivision" means a municipal corporation,	115408
township, county, school district, or other body corporate and	115409
politic responsible for governmental activities only in a	115410
geographical area smaller than that of the state.	115411

(11) "Prescribed drug" has the same meaning as in section	115412
5164.01 of the Revised Code.	115413

(12) "Provider agreement" has the same meaning as in section	115414
5164.01 of the Revised Code.	115415

(13) "Qualified medicaid school provider" means the board of	115416
education of a city, local, or exempted village school district,	115417
the governing authority of a community school established under	115418
Chapter 3314. of the Revised Code, the state school for the deaf,	115419
and the state school for the blind to which both of the following	115420
apply:	115421

(a) It holds a valid provider agreement.

115422

(b) It meets all other conditions for participation in the	115423
medicaid school component of the medicaid program established in	115424
rules authorized by section 5162.364 of the Revised Code.	115425

(14) "State agency" means every organized body, office, or	115426
agency, other than the department of medicaid, established by the	115427
laws of the state for the exercise of any function of state	115428
government.	115429

(15) "Vendor offset" means a reduction of a medicaid payment	115430
to a medicaid provider to correct a previous, incorrect medicaid	115431
payment to that provider.	115432

Sec. 5162.02. The medicaid director shall adopt rules as	115433
necessary to implement this chapter.	115434

Sec. 5162.021. The medicaid director shall adopt rules under	115435
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	115436
5167.02 of the Revised Code as necessary to authorize the	115437
directors of other state agencies to adopt rules regarding	115438
medicaid components, or aspects of medicaid components, the other	115439
state agencies administer pursuant to contracts entered into under	115440
section 5162.35 of the Revised Code.	115441

Sec. 5162.022. The medicaid director's rules governing	115442
medicaid are binding on other state agencies and political	115443
subdivisions that administer one or more components of the	115444
medicaid program, or one or more aspects of a component, pursuant	115445
to contracts entered into under section 5162.35 of the Revised	115446
Code. No state agency or political subdivision may establish, by	115447
rule or otherwise, a policy governing medicaid that is	115448
inconsistent with a medicaid policy established, in rule or	115449
otherwise, by the director.	115450

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

115451

~~"Children's health insurance program" means the children's~~	115452
~~health insurance program part I, children's health insurance~~	115453
~~program part II, and children's health insurance program part III~~	115454
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	115455

~~"Medical assistance program" or "medicaid" means the program~~	115456
~~that is authorized by this chapter and provided by the office of~~	115457
~~medical assistance under this chapter, Title XIX of the "Social~~	115458
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	115459
~~amended, and the waivers of Title XIX requirements granted to the~~	115460
~~office by the centers for medicare and medicaid services of the~~	115461
~~United States department of health and human services.~~	115462

~~(B) There is hereby established the office of medical~~	115463
~~assistance as a work unit within the department of job and family~~	115464
~~services. The chief of the office shall hold the title of medical~~	115465
~~assistance director. Notwithstanding section 5101.06 of the~~	115466
~~Revised Code, the governor shall appoint the medical assistance~~	115467
~~director and the medical assistance director shall serve at the~~	115468
~~governor's pleasure. The medical assistance director is not an~~	115469
~~assistant director of the department of job and family services~~	115470
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	115471
~~any other purpose.~~	115472

~~Subject to appropriations for the medicaid program and~~	115473
~~children's health insurance program, the department of job and~~	115474
~~family services shall provide staff and support services as~~	115475
~~necessary for the operation of the office of medical assistance.~~	115476

~~If a statute, rule, contract, or other legal authority~~	115477
~~requires the director of job and family services or department of~~	115478
~~job and family services to take an action regarding the medicaid~~	115479
~~program or children's health insurance program, the medical~~	115480
~~assistance director or office of medical assistance shall take the~~	115481
~~action in place of the director of job and family services or~~	115482
~~department of job and family services. If a statute, rule,~~	115483
~~contract, or other legal authority permits the director of job and~~	115484
~~family services or department of job and family services to take~~	115485
~~an action regarding the medicaid program or children's health~~	115486
~~insurance program, the medical assistance director or office of~~	115487
~~medical assistance shall take the action in place of the director~~	115488
~~of job and family services or department of job and family~~	115489
~~services if the action is to be taken.~~	115490

~~The office~~For the purpose of the "Social Security Act,"	115491
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	115492
~~medical assistance~~medicaid shall act as the single state agency	115493
to supervise the administration of the medicaid program. As the	115494
single state agency, the ~~office~~department shall comply with 42	115495
C.F.R. 431.10(e) and all other federal requirements applicable to	115496
the single state agency. ~~The office's rules governing medicaid are~~	115497
~~binding on other agencies that administer components of the~~	115498
~~medicaid program. No agency may establish, by rule or otherwise, a~~	115499
~~policy governing medicaid that is inconsistent with a medicaid~~	115500
~~policy established, in rule or otherwise, by the medical~~	115501
~~assistance director.~~	115502

~~(C) The office of medical assistance may provide medical~~	115503
~~assistance under the medicaid program as long as federal funds are~~	115504
~~provided for such assistance, to the following:~~	115505

~~(1) Families with children that meet either of the following~~	115506
~~conditions:~~	115507

~~(a) The family meets the income, resource, and family~~	115508
~~composition requirements in effect on July 16, 1996, for the~~	115509
~~former aid to dependent children program as those requirements~~	115510
~~were established by Chapter 5107. of the Revised Code, federal~~	115511
~~waivers granted pursuant to requests made under former section~~	115512
~~5101.09 of the Revised Code, and rules adopted by the department~~	115513
~~or any changes the department makes to those requirements in~~	115514
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	115515
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	115516
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	115517
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	115518
~~eligibility for medicaid under division (C)(1)(a) of this section~~	115519
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	115520

~~(b) The family does not meet the requirements specified in~~	115521
~~division (C)(1)(a) of this section but is eligible for medicaid~~	115522
~~pursuant to section 5101.18 of the Revised Code.~~	115523

~~(2) Aged, blind, and disabled persons who meet the following~~	115524
~~conditions:~~	115525

~~(a) Receive federal aid under Title XVI of the "Social~~	115526
~~Security Act," or are eligible for but are not receiving such aid,~~	115527
~~provided that the income from all other sources for individuals~~	115528
~~with independent living arrangements shall not exceed one hundred~~	115529
~~seventy-five dollars per month. The income standards hereby~~	115530
~~established shall be adjusted annually at the rate that is used by~~	115531
~~the United States department of health and human services to~~	115532
~~adjust the amounts payable under Title XVI.~~	115533

~~(b) Do not receive aid under Title XVI, but meet any of the~~	115534
~~following criteria:~~	115535

~~(i) Would be eligible to receive such aid, except that their~~	115536
~~income, other than that excluded from consideration as income~~	115537
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	115538
~~this section, and incurred expenses for medical care, as~~	115539
~~determined under federal regulations applicable to section 209(b)~~	115540
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	115541
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	115542
~~their income exceeds the maximum under division (C)(2)(a) of this~~	115543
~~section;~~	115544

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	115545
~~the permanently and totally disabled prior to January 1, 1974, and~~	115546
~~continue to meet all the same eligibility requirements;~~	115547

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	115548
~~of the Revised Code.~~	115549

~~(3) Persons to whom federal law requires, as a condition of~~	115550
~~state participation in the medicaid program, that medicaid be~~	115551
~~provided;~~	115552

~~(4) Persons under age twenty-one who meet the income~~	115553
~~requirements for the Ohio works first program established under~~	115554
~~Chapter 5107. of the Revised Code but do not meet other~~	115555
~~eligibility requirements for the program. The medical assistance~~	115556
~~director shall adopt rules in accordance with Chapter 119. of the~~	115557
~~Revised Code specifying which Ohio works first requirements shall~~	115558
~~be waived for the purpose of providing medicaid eligibility under~~	115559
~~division (C)(4) of this section.~~	115560

~~(D) If sufficient funds are appropriated for the medicaid~~	115561
~~program, the office of medical assistance may provide medical~~	115562
~~assistance under the medicaid program to persons in groups~~	115563
~~designated by federal law as groups to which a state, at its~~	115564
~~option, may provide medical assistance under the medicaid program.~~	115565

~~(E) The office of medical assistance may expand eligibility~~	115566
~~for the medicaid program to include individuals under age nineteen~~	115567
~~with family incomes at or below one hundred fifty per cent of the~~	115568
~~federal poverty guidelines, except that the eligibility expansion~~	115569
~~shall not occur unless the office receives the approval of the~~	115570
~~federal government. The office may implement the eligibility~~	115571
~~expansion authorized under this division on any date selected by~~	115572
~~the office, but not sooner than January 1, 1998.~~	115573

~~(F) In addition to any other authority or requirement to~~	115574
~~adopt rules under this chapter, the medical assistance director~~	115575
~~may adopt rules in accordance with section 111.15 of the Revised~~	115576
~~Code as the director considers necessary to establish standards,~~	115577
~~procedures, and other requirements regarding the provision of~~	115578
~~medical assistance under the medicaid program. The rules may~~	115579
~~establish requirements to be followed in applying for medicaid,~~	115580
~~making determinations of eligibility for medicaid, and verifying~~	115581
~~eligibility for medicaid. The rules may include special conditions~~	115582
~~as the office determines appropriate for making applications,~~	115583
~~determining eligibility, and verifying eligibility for any medical~~	115584
~~assistance that the office may provide under the medicaid program~~	115585
~~pursuant to division (E) of this section and section 5111.014 or~~	115586
~~5111.0120 of the Revised Code.~~	115587

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	115588
~~family services~~ may do all of the following as necessary for the	115589
department of ~~job and family services~~medicaid to fulfill the	115590
duties it has, as the single state agency for the medicaid	115591
program, under the "Medicare Prescription Drug, Improvement, and	115592
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	115593

(1) Adopt rules in accordance with division (B) of this	115594
section;	115595

(2) Assign duties to county departments of job and family	115596
services;	115597

(3) Make payments to the United States department of health	115598
and human services from appropriations made to the department of	115599
~~job and family services~~medicaid for this purpose.	115600

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	115601
section shall be adopted as follows:	115602

(1) If the rules concern the department's duties regarding	115603
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	115604
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	115605

(2) If the rules concern the department's duties concerning	115606
individuals' eligibility for medicaid services, ~~in accordance with~~	115607
under section ~~111.15~~5163.02 of the Revised Code;	115608

(3) If the rules concern the department's duties concerning	115609
financial and operational matters between the department and	115610
county departments of job and family services, ~~in accordance with~~	115611
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	115612
~~were internal management rules~~.	115613

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	115614
agency" has the same meaning as in section 9.23 of the Revised	115615
Code.	115616

No provision of Title LI of the Revised Code or any other law	115617
of this state that incorporates any provision of federal ~~Medicaid~~	115618
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	115619
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	115620
state, a state agency, or any state official or employee to comply	115621
with that federal provision, shall be construed as creating a	115622
cause of action to enforce such state law beyond the causes of	115623
action available under federal law for enforcement of the	115624
provision of federal law.	115625

Sec. 5162.05. The medicaid program shall be implemented in	115626
accordance with all of the following:	115627

(A) The medicaid state plan approved by the United States	115628
secretary of health and human services, including amendments to	115629
the plan approved by the United States secretary;	115630

(B) Federal medicaid waivers granted by the United States	115631
secretary, including amendments to waivers approved by the United	115632
States secretary;	115633

(C) Other types of federal approval, including demonstration	115634
grants, that establish requirements for components of the medicaid	115635
program;	115636

(D) Except as otherwise authorized by a federal medicaid	115637
waiver granted by the United States secretary, all applicable	115638
federal statutes, regulations, and policy guidances;	115639

(E) All applicable state statutes.

115640

Sec. 5162.06. (A) Notwithstanding any other state statute,	115641
no component, or aspect of a component, of the medicaid program	115642
shall be implemented without all of the following:	115643

(1) Subject to division (B) of this section, if the	115644
component, or aspect of the component, requires federal approval,	115645
receipt of the federal approval;	115646

(2) Sufficient federal financial participation for the	115647
component or aspect of the component;	115648

(3) Sufficient nonfederal funds for the component or aspect	115649
of the component that qualify as funds needed to obtain the	115650
federal financial participation.	115651

(B) A component, or aspect of a component, of the medicaid	115652
program that requires federal approval may begin to be implemented	115653
before receipt of the federal approval if federal law authorizes	115654
implementation to begin before receipt of the federal approval.	115655
Implementation shall cease if the federal approval is ultimately	115656
denied.	115657

Sec. 5162.07. The medicaid director shall seek federal	115658
approval for all components, and aspects of components, of the	115659
medicaid program for which federal approval is needed, except that	115660
the director is permitted rather than required to seek federal	115661
approval for components, and aspects of components, that state	115662
statutes permit rather than require be implemented. Federal	115663
approval shall be sought in the following forms as appropriate:	115664

(A) The medicaid state plan;

115665

(B) Amendments to the medicaid state plan;

115666

115667

(D) Amendments to federal medicaid waivers;

115668

(E) Other types of federal approval, including demonstration	115669
grants.	115670

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	115671
~~family services~~ may conduct reviews of the medicaid program. The	115672
reviews may include physical inspections of records and sites	115673
where ~~medicaid-funded~~medicaid services are provided and	115674
interviews of medicaid providers and medicaid recipients ~~of the~~	115675
~~services~~. If the director determines pursuant to a review that a	115676
person or government entity has violated a rule governing the	115677
medicaid program, the director may establish a corrective action	115678
plan for the violator and impose fiscal, administrative, or both	115679
types of sanctions on the violator in accordance with rules	115680
~~governing the medicaid program~~adopted under section 5162.02 of	115681
the Revised Code.	115682

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	115683
~~services~~medicaid shall enter into an agreement with the	115684
department of administrative services for the department of	115685
administrative services to contract through competitive selection	115686
pursuant to section 125.07 of the Revised Code with a vendor to	115687
perform an assessment of the data collection and data warehouse	115688
functions of the medicaid data warehouse system, including the	115689
ability to link the data sets of all agencies serving medicaid	115690
recipients.	115691

The assessment of the data system shall include functions	115692
related to fraud and abuse detection, program management and	115693
budgeting, and performance measurement capabilities of all	115694
agencies serving medicaid recipients, including the departments of	115695
aging, ~~alcohol and drug addiction services,~~ health, job and family	115696
services, medicaid, ~~mental health~~mental health and addiction	115697
services, and developmental disabilities.	115698

~~The department of administrative services shall enter into~~	115699
~~this contract within thirty days after September 29, 2005. The~~	115700
~~contract shall require the vendor to complete the assessment~~	115701
~~within ninety days after September 29, 2005.~~	115702

A qualified vendor with whom the department of administrative	115703
services contracts to assess the data system shall also assist the	115704
medicaid agencies in the definition of the requirements for an	115705
enhanced data system or a new data system and assist the	115706
department of administrative services in the preparation of a	115707
request for ~~proposal~~proposals to enhance or develop a data	115708
system.	115709

(B) Based on the assessment performed pursuant to division	115710
(A) of this section, the department of administrative services	115711
shall seek a qualified vendor through competitive selection	115712
pursuant to section 125.07 of the Revised Code to develop or	115713
enhance a data collection and data warehouse system for the	115714
department of ~~job and family services~~medicaid and all agencies	115715
serving medicaid recipients.	115716

~~Within ninety days after September 29, 2005, the~~The	115717
department of ~~job and family services~~medicaid shall seek enhanced	115718
federal ~~funding~~financial participation for ninety per cent of	115719
the funds required to establish or enhance the data system. The	115720
department of administrative services shall not award a contract	115721
for establishing or enhancing the data system until the department	115722
of ~~job and family services~~medicaid receives approval from the	115723
~~secretary of the~~ United States ~~department~~secretary of health and	115724
human services for the ninety per cent federal ~~match~~financial	115725
participation.	115726

Sec. 5162.12. (A) The medicaid director may enter into a	115727
contract with one or more persons to receive and process, on the	115728
director's behalf, requests for medicaid recipient or claims	115729
payment data, data from reports of audits conducted under section	115730
5165.109 of the Revised Code, or extracts or analyses of any of	115731
the foregoing data made by persons who intend to use the items for	115732
commercial or academic purposes.	115733

(B) At a minimum, a contract entered into under this section	115734
shall do both of the following:	115735

(1) Authorize the contracting person to engage in the	115736
activities described in division (A) of this section for	115737
compensation, which must be stated as a percentage of the fees	115738
paid by persons who are provided the items;	115739

(2) Specify the schedule of fees the contracting person is to	115740
charge for the items.	115741

(C) Except as required by federal or state law and subject to	115742
division (E) of this section, both of the following conditions	115743
apply with respect to a request for data described in division (A)	115744
of this section:	115745

(1) The request shall be made through a person who has	115746
entered into a contract with the medicaid director under this	115747
section.	115748

(2) An item prepared pursuant to the request may be provided	115749
to the department of medicaid and is confidential and not subject	115750
to disclosure under section 149.43 or 1347.08 of the Revised Code.	115751

(D) The medicaid director shall use fees the director	115752
receives pursuant to a contract entered into under this section to	115753
pay obligations specified in contracts entered under this section.	115754
Any money remaining after the obligations are paid shall be	115755
deposited in the health care services administration fund created	115756
under section 5162.54 of the Revised Code.	115757

(E) This section does not apply to requests for medicaid	115758
recipient or claims payment data, data from reports of audits	115759
conducted under section 5165.109 of the Revised Code, or extracts	115760
or analyses of any of the foregoing data that are for any of the	115761
following purposes:	115762

(1) Treatment of medicaid recipients;

115763

(2) Payment of medicaid claims;

115764

(3) Establishment or management of medicaid third party	115765
liability pursuant to sections 5160.35 to 5160.43 of the Revised	115766
Code;	115767

(4) Compliance with the terms of an agreement the medicaid	115768
director enters into for purposes of administering the medicaid	115769
program;	115770

(5) Compliance with an operating protocol the executive	115771
director of the office of health transformation or the executive	115772
director's designee adopts under division (D) of section 191.06 of	115773
the Revised Code.	115774

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	115775
of each year, the department of ~~job and family services~~medicaid	115776
shall submit to the speaker and minority leader of the house of	115777
representatives and the president and minority leader of the	115778
senate, and shall make available to the public, a report on the	115779
effectiveness of the ~~Ohio works first program established under~~	115780
~~Chapter 5107. of the Revised Code and the medical assistance~~	115781
medicaid program ~~established under this chapter~~ in meeting the	115782
health care needs of low-income pregnant women, infants, and	115783
children. The report shall include: the estimated number of	115784
~~persons eligible for health care services to~~ pregnant women,	115785
infants, and children ~~under the programs~~eligible for the	115786
program; the actual number of eligible persons ~~served~~enrolled in	115787
the program; the number of prenatal, postpartum, and child health	115788
visits; a report on birth outcomes, including a comparison of	115789
low-birthweight births and infant mortality rates of ~~program~~	115790
~~participants~~medicaid recipients with the general female	115791
child-bearing and infant population in this state; and a	115792
comparison of the prenatal, delivery, and child health costs of	115793
the ~~programs~~program with such costs of similar programs in other	115794
states, where available.	115795

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	115796
~~of job and family services~~ shall submit to the president and	115797
minority leader of the senate, speaker and minority leader of the	115798
house of representatives, and the chairpersons of the standing	115799
committees of the senate and house of representatives with primary	115800
responsibility for legislation making biennial appropriations a	115801
report on the establishment and implementation of programs	115802
designed to control the increase of the cost of the medicaid	115803
program, increase the efficiency of the medicaid program, and	115804
promote better health outcomes. In each calendar year, one report	115805
shall be submitted not later than the last day of June and the	115806
subsequent report shall be submitted not later than the last day	115807
of December.	115808

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	115809
~~and each year thereafter~~Annually, the department of ~~job and~~	115810
~~family services~~medicaid shall prepare a report on the	115811
department's efforts to minimize fraud, waste, and abuse in the	115812
medicaid program.	115813

~~(B)~~ Each report shall be made available on the department's	115814
web site. The department shall submit a copy of each report to the	115815
governor and, in accordance with section 101.68 of the Revised	115816
Code, the general assembly. Copies of the report also shall be	115817
made available to the public on request.	115818

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

115819

"Agent" and "contractor" include any agent, contractor,	115820
subcontractor, or other person who, on behalf of an entity,	115821
furnishes or authorizes the furnishing of ~~health care items or~~	115822
medicaid services ~~under the medicaid program~~, performs billing or	115823
coding functions, or is involved in monitoring of health care that	115824
an entity provides.	115825

"Employee" includes any officer or employee (including	115826
management employees) of an entity.	115827

"Entity" includes a governmental entity or an organization,	115828
unit, corporation, partnership, or other business arrangement,	115829
including any medicaid managed care organization, irrespective of	115830
the form of business structure or arrangement by which it exists,	115831
whether for-profit or not-for-profit. "Entity" does not include a	115832
government entity that administers one or more components of the	115833
medicaid program, unless the government entity receives medicaid	115834
payments for providing ~~items or~~medicaid services.	115835

"Federal health care programs" has the same meaning as in the	115836
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	115837

(B) Each entity that receives or makes in a federal fiscal	115838
year payments under the medicaid program, either through the	115839
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	115840
totaling at least five million dollars shall, as a condition of	115841
receiving such payments, do all of the following not later than	115842
the first day of the succeeding calendar year:	115843

(1) Establish written policies for all of the entity's	115844
employees, contractors, and agents that provide detailed	115845
information about the role of all of the following in preventing	115846
and detecting fraud, waste, and abuse in federal health care	115847
programs:	115848

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

115849

(b) Federal administrative remedies for false claims and	115850
statements available under 31 U.S.C. 3801 to 3812;	115851

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	115852
Revised Code and any other state laws pertaining to civil or	115853
criminal penalties for false claims and statements;	115854

(d) Whistleblower protections under the laws specified in	115855
divisions (B)(1)(a) to (c) of this section.	115856

(2) Include as part of the written policies required by	115857
division (B)(1) of this section detailed provisions regarding the	115858
entity's policies and procedures for preventing and detecting	115859
fraud, waste, and abuse.	115860

(3) Disseminate the written policies required by division	115861
(B)(1) of this section to each of the entity's employees,	115862
contractors, and agents in a paper or electronic form and make the	115863
written policies readily available to the entity's employees,	115864
contractors, and agents.	115865

(4) If the entity has an employee handbook, include in the	115866
employee handbook a specific discussion of the laws specified in	115867
division (B)(1) of this section, the rights of employees to be	115868
protected as whistleblowers, and the entity's policies and	115869
procedures for preventing and detecting fraud, waste, and abuse.	115870

(5) Require the entity's contractors and agents to adopt the	115871
entity's written policies required by division (B)(1) of this	115872
section.	115873

(C) An entity that furnishes ~~items or~~medicaid services at	115874
multiple locations or under multiple contractual or other payment	115875
arrangements is required to comply with division (B) of this	115876
section if the entity receives in a federal fiscal year medicaid	115877
payments totaling in the aggregate at least five million dollars.	115878
This applies regardless of whether the entity submits claims for	115879
medicaid payments using multiple provider identification or tax	115880
identification numbers.	115881

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	115882
~~and family services~~medicaid shall institute a cost-sharing	115883
~~program under~~requirements for the medicaid program. In	115884
~~instituting the cost-sharing program, the director shall comply~~	115885
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	115886
~~establish~~include a copayment requirement for at least dental	115887
services, vision services, nonemergency emergency department	115888
services, and ~~prescription~~prescribed drugs~~, other than generic~~	115889
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	115890
include requirements regarding premiums, enrollment fees,	115891
deductions, and similar charges. ~~The director shall adopt rules~~	115892
~~under section 5111.02 of the Revised Code governing the~~	115893
~~cost-sharing program.~~	115894

(B) ~~The cost-sharing program shall, to the extent permitted~~	115895
~~by federal law, provide for all of the following with regard to~~	115896
~~any providers participating in the medicaid program:~~	115897

(1) No provider shall refuse to provide a service to a	115898
medicaid recipient who is unable to pay a required copayment for	115899
the service.	115900

(2) Division (B)(1) of this section shall not be considered	115901
to do either of the following with regard to a medicaid recipient	115902
who is unable to pay a required copayment:	115903

(a) Relieve the medicaid recipient from the obligation to pay	115904
a copayment;	115905

(b) Prohibit the provider from attempting to collect an	115906
unpaid copayment.	115907

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	115908
no provider shall waive a medicaid recipient's obligation to pay	115909
the provider a copayment.	115910

~~(4)~~(D) No provider or drug manufacturer, including the	115911
manufacturer's representative, employee, independent contractor,	115912
or agent, shall pay any copayment on behalf of a medicaid	115913
recipient.	115914

~~(5)~~(E) If it is the routine business practice of ~~the~~a	115915
provider to refuse service to any individual who owes an	115916
outstanding debt to the provider, the provider may consider an	115917
unpaid copayment imposed by the cost-sharing ~~program~~requirements	115918
as an outstanding debt and may refuse service to a medicaid	115919
recipient who owes the provider an outstanding debt. If the	115920
provider intends to refuse service to a medicaid recipient who	115921
owes the provider an outstanding debt, the provider shall notify	115922
the ~~individual~~recipient of the provider's intent to refuse	115923
~~services~~service.	115924

~~(C)~~(F) In the case of a provider that is a hospital, the	115925
cost-sharing program shall permit the hospital to take action to	115926
collect a copayment by providing, at the time services are	115927
rendered to a medicaid recipient, notice that a copayment may be	115928
owed. If the hospital provides the notice and chooses not to take	115929
any further action to pursue collection of the copayment, the	115930
prohibition against waiving copayments specified in division	115931
~~(B)(3)~~(C) of this section does not apply.	115932

~~(D)~~(G) The department of ~~job and family services~~medicaid may	115933
~~work~~collaborate with a state agency that is administering,	115934
pursuant to a contract entered into under section ~~5111.91~~5162.35	115935
of the Revised Code, one or more components ~~of the medicaid~~	115936
~~program~~, or one or more aspects of a component, of the medicaid	115937
program as necessary for the state agency to apply the	115938
cost-sharing ~~program~~requirements to the components or aspects of	115939
~~the medicaid program~~a component that the state agency	115940
administers.	115941

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	115942
section ~~5111.111~~5162.211 of the Revised Code:	115943

(1) "Estate" includes both of the following:

115944

(a) All real and personal property and other assets to be	115945
administered under Title XXI of the Revised Code and property that	115946
would be administered under that title if not for section 2113.03	115947
or 2113.031 of the Revised Code;	115948

(b) Any other real and personal property and other assets in	115949
which an individual had any legal title or interest at the time of	115950
death (to the extent of the interest), including assets conveyed	115951
to a survivor, heir, or assign of the individual through joint	115952
tenancy, tenancy in common, survivorship, life estate, living	115953
trust, or other arrangement.	115954

(2) "Institution" means a nursing facility, ~~intermediate care~~	115955
~~facility for the mentally retarded~~ICF/IID, or a medical	115956
institution.	115957

(3) ~~"Intermediate care facility for the mentally retarded"~~	115958
~~and "nursing facility" have the same meanings as in section~~	115959
~~5111.20 of the Revised Code.~~	115960

~~(4)~~ "Permanently institutionalized individual" means an	115961
individual to whom all of the following apply:	115962

(a) Is an inpatient in an institution;

115963

(b) Is required, as a condition of the medicaid program	115964
paying for the individual's services in the institution, to spend	115965
for costs of medical or nursing care all of the individual's	115966
income except for an amount for personal needs specified by the	115967
department of ~~job and family services~~medicaid;	115968

(c) Cannot reasonably be expected to be discharged from the	115969
institution and return home as determined by the department of ~~job~~	115970
~~and family services~~medicaid.	115971

~~(5)~~(4) "Qualified state long-term care insurance partnership	115972
program" means the program established under section ~~5111.18~~	115973
5164.86 of the Revised Code.	115974

~~(6)~~(5) "Time of death" shall not be construed to mean a time	115975
after which a legal title or interest in real or personal property	115976
or other asset may pass by survivorship or other operation of law	115977
due to the death of the decedent or terminate by reason of the	115978
decedent's death.	115979

(B) To the extent permitted by federal law, the department of	115980
~~job and family services~~medicaid shall institute a medicaid estate	115981
recovery program under which the department shall, except as	115982
provided in divisions (C) and (E) of this section, and subject to	115983
division (D) of this section, do all of the following:	115984

(1) For the costs of medicaid services the medicaid program	115985
correctly paid or will pay on behalf of a permanently	115986
institutionalized individual of any age, seek adjustment or	115987
recovery from the individual's estate or on the sale of property	115988
of the individual or spouse that is subject to a lien imposed	115989
under section ~~5111.111~~5162.211 of the Revised Code;	115990

(2) For the costs of medicaid services the medicaid program	115991
correctly paid or will pay on behalf of an individual fifty-five	115992
years of age or older who is not a permanently institutionalized	115993
individual, seek adjustment or recovery from the individual's	115994
estate;	115995

(3) Seek adjustment or recovery from the estate of other	115996
individuals as permitted by federal law.	115997

(C)(1) No adjustment or recovery may be made under division	115998
(B)(1) of this section from a permanently institutionalized	115999
individual's estate or on the sale of property of a permanently	116000
institutionalized individual that is subject to a lien imposed	116001
under section ~~5111.111~~5162.211 of the Revised Code or under	116002
division (B)(2) or (3) of this section from an individual's estate	116003
while either of the following are alive:	116004

(a) The spouse of the permanently institutionalized	116005
individual or individual;	116006

(b) The son or daughter of a permanently institutionalized	116007
individual or individual if the son or daughter is under age	116008
twenty-one or, under the "Social Security Act," section 1614, 42	116009
U.S.C. 1382c, is considered blind or disabled.	116010

(2) No adjustment or recovery may be made under division	116011
(B)(1) of this section from a permanently institutionalized	116012
individual's home that is subject to a lien imposed under section	116013
~~5111.111~~5162.211 of the Revised Code while either of the	116014
following lawfully reside in the home:	116015

(a) The permanently institutionalized individual's sibling	116016
who resided in the home for at least one year immediately before	116017
the date of the permanently institutionalized individual's	116018
admission to the institution and on a continuous basis since that	116019
time;	116020

(b) The permanently institutionalized individual's son or	116021
daughter who provided care to the permanently institutionalized	116022
individual that delayed the permanently institutionalized	116023
individual's institutionalization and resided in the home for at	116024
least two years immediately before the date of the permanently	116025
institutionalized individual's admission to the institution and on	116026
a continuous basis since that time.	116027

(D) In the case of a participant of the qualified state	116028
long-term care insurance partnership program, adjustment or	116029
recovery required by this section may be reduced in accordance	116030
with rules ~~adopted under~~authorized by division (G) of this	116031
section.	116032

(E) The department shall, in accordance with procedures and	116033
criteria established in rules ~~adopted under~~authorized by division	116034
(G) of this section, waive seeking an adjustment or recovery	116035
otherwise required by this section if the medicaid director ~~of job~~	116036
~~and family services~~ determines that adjustment or recovery would	116037
work an undue hardship. The department may limit the duration of	116038
the waiver to the period during which the undue hardship exists.	116039

(F) For the purpose of determining whether an individual	116040
meets the definition of "permanently institutionalized individual"	116041
established for this section, a rebuttable presumption exists that	116042
the individual cannot reasonably be expected to be discharged from	116043
an institution and return home if either of the following is the	116044
case:	116045

(1) The individual declares that he or she does not intend to	116046
return home.	116047

(2) The individual has been an inpatient in an institution	116048
for at least six months.	116049

(G) ~~The director of job and family services shall adopt rules~~	116050
~~in accordance with Chapter 119. of the Revised Code regarding the~~	116051
~~medicaid estate recovery program, including rules that~~Rules	116052
adopted under section 5162.02 of the Revised Code shall do both of	116053
the following:	116054

(1) For the purpose of division (D) of this section and	116055
consistent with the "Social Security Act," section 1917(b)(1)(C),	116056
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	116057
recovery in the case of a participant of the qualified state	116058
long-term care insurance partnership program;	116059

(2) For the purpose of division (E) of this section and	116060
consistent with the standards specified by the United States	116061
secretary of health and human services under the "Social Security	116062
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	116063
procedures and criteria for waiving adjustment or recovery due to	116064
an undue hardship.	116065

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	116066
(B) of this section and section ~~5111.12~~5162.23 of the Revised	116067
Code, no lien may be imposed against the property of an individual	116068
before the individual's death on account of medicaid services	116069
correctly paid or to be paid on the individual's behalf.	116070

(B) Except as provided in division (C) of this section, the	116071
department of ~~job and family services~~medicaid may impose a lien	116072
against the real property of a medicaid recipient who is a	116073
permanently institutionalized individual and against the real	116074
property of the recipient's spouse, including any real property	116075
that is jointly held by the recipient and spouse. The lien may be	116076
imposed on account of medicaid paid or to be paid on the	116077
recipient's behalf.	116078

(C) No lien may be imposed under division (B) of this section	116079
against the home of a medicaid recipient if any of the following	116080
lawfully resides in the home:	116081

(1) The recipient's spouse;

116082

(2) The recipient's son or daughter who is under twenty-one	116083
years of age or, under the "Social Security Act," section 1614, 42	116084
U.S.C. 1382c, considered to be blind or disabled;	116085

(3) The recipient's sibling who has an equity interest in the	116086
home and resided in the home for at least one year immediately	116087
before the date of the recipient's admission to the institution.	116088

(D) The medicaid director ~~of job and family services~~ or a	116089
person designated by the director shall sign a certificate to	116090
effectuate a lien required to be imposed under this section. The	116091
county department of job and family services shall file for	116092
recording and indexing the certificate, or a certified copy, in	116093
the real estate mortgage records in the office of the county	116094
recorder in every county in which real property of the recipient	116095
or spouse is situated. From the time of filing the certificate in	116096
the office of the county recorder, the lien attaches to all real	116097
property of the recipient or spouse described in the certificate	116098
for all amounts for which adjustment or recovery may be made under	116099
section ~~5111.11~~5162.21 of the Revised Code and, except as	116100
provided in division (E) of this section, shall remain a lien	116101
until satisfied.	116102

Upon filing the certificate in the office of the recorder,	116103
all persons are charged with notice of the lien and the rights of	116104
the department of ~~job and family services~~medicaid thereunder.	116105

The county recorder shall keep a record of every certificate	116106
filed showing its date, the time of filing, the name and residence	116107
of the recipient or spouse, and any release, waivers, or	116108
satisfaction of the lien.	116109

The priority of the lien shall be established in accordance	116110
with state and federal law.	116111

The department may waive the priority of its lien to provide	116112
for the costs of the last illness as determined by the department,	116113
administration, attorney fees, administrator fees, a sum for the	116114
payment of the costs of burial, which shall be computed by	116115
deducting from five hundred dollars whatever amount is available	116116
for the same purpose from all other sources, and a similar sum for	116117
the spouse of the decedent.	116118

(E) A lien imposed with respect to a medicaid recipient under	116119
this section shall dissolve on the recipient's discharge from the	116120
institution and return home.	116121

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	116122
~~services~~medicaid shall certify amounts due under the medicaid	116123
estate recovery program instituted under section ~~5111.11~~5162.21	116124
of the Revised Code to the attorney general pursuant to section	116125
131.02 of the Revised Code. The attorney general may enter into a	116126
contract with any person or government entity to collect the	116127
amounts due on behalf of the attorney general.	116128

The attorney general, in entering into a contract under this	116129
section, shall comply with all of the requirements that must be	116130
met for the state to receive federal financial participation for	116131
the costs incurred in entering into the contract and carrying out	116132
actions under the contract. The contract may provide for the	116133
person or government entity with which the attorney general	116134
contracts to be compensated from the property recovered under the	116135
medicaid estate recovery program or may provide for another manner	116136
of compensation agreed to by the parties to the contract.	116137

Regardless of whether the attorney general collects the	116138
amounts due under the medicaid estate recovery program or	116139
contracts with a person or government entity to collect the	116140
amounts due on behalf of the attorney general, the amounts due	116141
shall be collected in accordance with applicable requirements of	116142
federal statutes and regulations and state statutes and rules.	116143

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

116144

(1) "Commissioner" means a person appointed by a probate	116145
court under division (E) of section 2113.03 of the Revised Code to	116146
act as a commissioner.	116147

(2) "Home" has the same meaning as in section 3721.10 of the	116148
Revised Code.	116149

(3) "Personal needs allowance account" means an account or	116150
petty cash fund that holds the money of a resident of ~~an adult~~	116151
~~care~~a residential facility or home and that the facility or home	116152
manages for the resident.	116153

(4) "Residential facility" means a residential facility	116154
licensed under section ~~5119.22~~5119.34 of the Revised Code that	116155
provides accommodations, supervision, and personal care services	116156
for three to sixteen unrelated adults.	116157

(B) Except as provided in divisions (C) and (D) of this	116158
section, the owner or operator of a home or residential facility	116159
shall transfer to the department of ~~job and family services~~	116160
medicaid the money in the personal needs allowance account of a	116161
resident of the home or facility who was a medicaid recipient of	116162
~~the medical assistance program~~ no earlier than sixty days but not	116163
later than ninety days after the resident dies. The home or	116164
facility shall transfer the money even though the owner or	116165
operator of the facility or home has not been issued letters	116166
testamentary or letters of administration concerning the	116167
resident's estate.	116168

(C) If funeral or burial expenses for a resident of a home or	116169
residential facility who has died have not been paid and the only	116170
resource the resident had that could be used to pay for the	116171
expenses is the money in the resident's personal needs allowance	116172
account, or all other resources of the resident are inadequate to	116173
pay the full cost of the expenses, the money in the resident's	116174
personal needs allowance account shall be used to pay for the	116175
expenses rather than being transferred to the department of ~~job~~	116176
~~and family services~~medicaid pursuant to division (B) of this	116177
section.	116178

(D) If, not later than sixty days after a resident of a home	116179
or residential facility dies, letters testamentary or letters of	116180
administration are issued, or an application for release from	116181
administration is filed under section 2113.03 of the Revised Code,	116182
concerning the resident's estate, the owner or operator of the	116183
home or facility shall transfer the money in the resident's	116184
personal needs allowance account to the administrator, executor,	116185
commissioner, or person who filed the application for release from	116186
administration.	116187

(E) The transfer or use of money in a resident's personal	116188
needs allowance account in accordance with division (B), (C), or	116189
(D) of this section discharges and releases the home or	116190
residential facility, and the owner or operator of the home, from	116191
any claim for the money from any source.	116192

(F) If, sixty-one or more days after a resident of a home or	116193
residential facility dies, letters testamentary or letters of	116194
administration are issued, or an application for release from	116195
administration under section 2113.03 of the Revised Code is filed,	116196
concerning the resident's estate, the department of ~~job and family~~	116197
~~services~~medicaid shall transfer the funds to the administrator,	116198
executor, commissioner, or person who filed the application,	116199
unless the department is entitled to recover the money under the	116200
medicaid estate recovery program instituted under section ~~5111.11~~	116201
5162.21 of the Revised Code.	116202

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	116203
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	116204
5162.02 of the Revised Code permitting county departments of job	116205
and family services ~~may~~to take action to recover benefits	116206
incorrectly paid on behalf of medicaid recipients ~~of medical~~	116207
~~assistance~~. The rules shall provide for recovery by the following	116208
methods:	116209

(1) Soliciting voluntary payments from recipients or from	116210
persons holding property in which a recipient has a legal or	116211
equitable interest;	116212

(2) Obtaining a lien on property pursuant to division (B) of	116213
this section.	116214

(B) A county department of job and family services may bring	116215
a civil action in a court of common pleas against a medicaid	116216
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	116217
~~assistance benefits~~medicaid payments determined by the court to	116218
have been paid incorrectly on behalf of the recipient. All persons	116219
holding property in which the recipient has a legal or equitable	116220
interest may be joined as parties. The court may issue	116221
pre-judgment orders, including injunctive relief or attachment	116222
under Chapter 2715. of the Revised Code, for the preservation of	116223
real or personal property in which the recipient may have a legal	116224
or equitable interest. If the court determines that ~~benefits~~	116225
medicaid payments were ~~paid~~made incorrectly and issues a judgment	116226
to that effect, the county department may obtain a lien upon	116227
property of the recipient in accordance with Chapter 2329. of the	116228
Revised Code.	116229

(C) The county department of job and family services shall	116230
retain fifty per cent of the balance remaining after deduction	116231
from the recovery of the amount required to be returned to the	116232
federal government and shall pay the other fifty per cent of the	116233
balance to the department of ~~job and family services~~medicaid.	116234

(D) Recovery of ~~medical assistance benefits~~medicaid payments	116235
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	116236
be accomplished by reducing the amount of benefits the recipient	116237
is entitled to receive under another government assistance	116238
program.	116239

(E) The remedies provided pursuant to this section do not	116240
affect any other remedies county departments of job and family	116241
services may have to recover benefits incorrectly paid on behalf	116242
of medicaid recipients ~~of medical assistance~~.	116243

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	116244
party" has the same meaning as in section ~~5101.571~~5160.35 of the	116245
Revised Code.	116246

(B) In addition to the authority granted under section	116247
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	116248
~~family services~~medicaid may, to the extent necessary to reimburse	116249
its costs, garnish the wages, salary, or other employment income	116250
of, and withhold amounts from state tax refunds to, any person to	116251
whom both of the following apply:	116252

(1) The person is required by a court or administrative order	116253
to provide coverage of the cost of health care services to a child	116254
eligible for ~~medical assistance under this chapter~~medicaid.	116255

(2) The person has received payment from a third party for	116256
the costs of such services but has not used the payment to	116257
reimburse either the other parent or guardian of the child or the	116258
provider of the services.	116259

(C) Claims for current and past due child support shall take	116260
priority over claims under division (B) of this section.	116261

~~Sec. 5111.83.~~ Sec. 5162.30. (A) ~~Not later than January 1, 2012,~~	116262
~~the~~The medicaid director ~~of job and family services~~ shall ~~apply~~	116263
~~to the United States secretary of health and human services for~~	116264
~~approval of~~create a medicaid administrative claiming program	116265
under which federal financial participation is received as	116266
~~reimbursement~~ for the administrative costs incurred by the	116267
department of health and the Arthur G. James cancer hospital and	116268
Richard J. Solove research institute of the Ohio state university	116269
in analyzing and evaluating both of the following pursuant to	116270
sections 3701.261 ~~to 3701.236~~and 3701.262 of the Revised Code:	116271

(1) Cancer reports under the Ohio cancer incidence	116272
surveillance system;	116273

(2) The incidence, prevalence, costs, and medical	116274
consequences of cancer on medicaid recipients and other low-income	116275
populations.	116276

(B) The medicaid director ~~of job and family services~~ shall	116277
consult with the director of health in ~~seeking approval of~~	116278
creating the medicaid administrative claiming program. ~~The~~	116279
~~directors shall cooperate in seeking the approval to the extent~~	116280
~~they find the approval necessary for the effective and efficient~~	116281
~~administration of the medicaid program.~~	116282

Sec. 5162.31. Local funds, whether from public or private	116283
sources, expended by a county department of job and family	116284
services for administration of the healthy start component shall	116285
be considered to have been expended by the state for the purpose	116286
of determining the extent to which the state has complied with any	116287
federal requirement that the state provide funds to match federal	116288
financial participation for the medicaid program. This section	116289
does not affect the amount of funds a county is entitled to	116290
receive under sections 5101.16 and 5101.161 of the Revised Code.	116291

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	116292
~~5111.93 of the Revised Code:~~	116293

~~(1) "Political subdivision" means a municipal corporation,~~	116294
~~township, county, school district, or other body corporate and~~	116295
~~politic responsible for governmental activities only in a~~	116296
~~geographical area smaller than that of the state.~~	116297

~~(2) "State agency" means every organized body, office, or~~	116298
~~agency, other than the department of job and family services,~~	116299
~~established by the laws of the state for the exercise of any~~	116300
~~function of state government.~~	116301

~~(B) To the extent permitted by Title XIX of the "Social~~	116302
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	116303
~~and regulations adopted under that title, the~~The department of	116304
~~job and family services~~medicaid may enter into contracts with	116305
political subdivisions to use funds of the political subdivision	116306
to pay the nonfederal share of expenditures under the medicaid	116307
program. The determination and provision of federal financial	116308
~~reimbursement~~participation to a subdivision entering into a	116309
contract under this section shall be determined by the department,	116310
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	116311
~~by the United States secretary of health and human services, and~~	116312
~~the availability of federal financial participation~~.	116313

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	116314
~~services~~medicaid may enter into contracts with one or more other	116315
state agencies or political subdivisions to have the state agency	116316
or political subdivision administer one or more components of the	116317
medicaid program, or one or more aspects of a component, under the	116318
department's supervision. A state agency or political subdivision	116319
that enters into such a contract shall comply with the terms of	116320
the contract and any rules the medicaid director ~~of job and family~~	116321
~~services~~ has adopted governing the component, or aspect of the	116322
component, that the state agency or political subdivision is to	116323
administer, including any rules establishing review, audit, and	116324
corrective action plan requirements. A contract with a state	116325
agency shall be in the form of an interagency agreement.	116326

A state agency or political subdivision that enters into a	116327
contract with the department under this section shall reimburse	116328
the department for the nonfederal share of the cost to the	116329
department of performing, or contracting for the performance of, a	116330
fiscal audit of the component of the medicaid program, or aspect	116331
of the component, that the state agency or political subdivision	116332
administers if rules governing the component, or aspect of the	116333
component, require that a fiscal audit be conducted.	116334

~~There is hereby created in the state treasury the medicaid~~	116335
~~administrative reimbursement fund. The department shall use money~~	116336
~~in the fund to pay for the nonfederal share of the cost of a~~	116337
~~fiscal audit for which a state agency or political subdivision is~~	116338
~~required by this section to reimburse the department. The~~	116339
~~department shall deposit the reimbursements into the fund.~~	116340

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	116341
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	116342
~~means the board of education of a city, local, or exempted village~~	116343
~~school district, the governing authority of a community school~~	116344
~~established under Chapter 3314. of the Revised Code, the state~~	116345
~~school for the deaf, and the state school for the blind to which~~	116346
~~both of the following apply:~~	116347

~~(1) It holds a valid medicaid provider agreement.~~

116348

~~(2) It meets all other conditions for participation in the~~	116349
~~medicaid school component of the medicaid program established in~~	116350
~~rules adopted under section 5111.715 of the Revised Code.~~	116351

(B) The medicaid director ~~of job and family services~~ shall	116352
~~submit a state medicaid plan amendment to the United States~~	116353
~~secretary of health and human services for the purpose of creating~~	116354
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	116355
5162.364 of the Revised Code, the medicaid school component of the	116356
medicaid program. ~~The director shall create the medicaid school~~	116357
~~component on receipt of the United States secretary's approval of~~	116358
~~the amendment.~~	116359

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	116360
participating in the medicaid school component of the medicaid	116361
program may submit a claim to the department of ~~job and family~~	116362
~~services~~medicaid for federal financial participation for	116363
providing, in schools, services covered by the medicaid school	116364
component to medicaid recipients who are eligible for the	116365
services. No qualified medicaid school provider may submit such a	116366
claim before the provider incurs the cost of providing the	116367
service.	116368

The claim shall include certification of the qualified	116369
medicaid school provider's expenditures for the service. The	116370
certification shall show that the money the qualified medicaid	116371
school provider used for the expenditures was nonfederal money the	116372
provider may legally use for providing the service and that the	116373
amount of the expenditures was sufficient to pay the full cost of	116374
the service.	116375

Except as otherwise provided in sections ~~5111.71~~5162.36 to	116376
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	116377
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	116378
the Revised Code, a qualified medicaid school provider is subject	116379
to all conditions of participation in the medicaid program that	116380
generally apply to providers of goods and services under the	116381
medicaid program, including conditions regarding audits and	116382
recovery of overpayments.	116383

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	116384
~~services~~medicaid shall seek federal financial participation for	116385
each claim a qualified medicaid school provider properly submits	116386
to the department under section ~~5111.711~~5162.361 of the Revised	116387
Code. The department shall disburse the federal financial	116388
participation the department receives from the federal government	116389
for such a claim to the qualified medicaid school provider that	116390
submitted the claim. The department may not pay the qualified	116391
medicaid school provider the nonfederal share of the cost of the	116392
services for which the claim was submitted.	116393

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	116394
~~services~~medicaid shall enter into an interagency agreement with	116395
the department of education under section ~~5111.91~~5162.35 of the	116396
Revised Code that provides for the department of education to	116397
administer the medicaid school component of the medicaid program	116398
other than the aspects of the component that sections ~~5111.71~~	116399
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	116400
department of ~~job and family services~~medicaid to administer. The	116401
interagency agreement may include a provision that provides for	116402
the department of education to pay to the department of ~~job and~~	116403
~~family services~~medicaid the nonfederal share of a portion of the	116404
administrative expenses the department of ~~job and family services~~	116405
medicaid incurs in administering the aspects of the component that	116406
the department of ~~job and family services~~medicaid administers.	116407

~~The~~To the extent authorized by rules authorized by section	116408
5162.021 of the Revised Code, the department of education shall	116409
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	116410
the Revised Code, a process by which qualified medicaid school	116411
providers participating in the medicaid school component pay to	116412
the department of education the nonfederal share of the	116413
department's expenses incurred in administering the component. The	116414
rules shall be adopted in accordance with Chapter 119. of the	116415
Revised Code.	116416

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	116417
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	116418
5162.02 of the Revised Code as necessary to implement the medicaid	116419
school component of the medicaid program, including rules that	116420
establish or specify all of the following:	116421

(A) Conditions a board of education of a city, local, or	116422
exempted school district, governing authority of a community	116423
school established under Chapter 3314. of the Revised Code, the	116424
state school for the deaf, and the state school for the blind must	116425
meet to participate in the component;	116426

(B) Services the component covers;

116427

(C) ~~Reimbursement~~Payment rates for the services the	116428
component covers.	116429

The rules shall be adopted in accordance with Chapter 119. of	116430
the Revised Code.	116431

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	116432
~~family services~~medicaid enters into with the department of ~~mental~~	116433
~~health or department of alcohol and drug addiction services~~mental	116434
health and addiction services under section ~~5111.91~~5162.35 of the	116435
Revised Code is subject to the approval of the director of budget	116436
and management and shall require or specify all of the following:	116437

(A) ~~In the case of a contract with the department of mental~~	116438
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	116439
be complied with;	116440

(B) ~~In the case of a contract with the department of alcohol~~	116441
~~and drug addiction services, that section 5111.913 of the Revised~~	116442
~~Code be complied with;~~	116443

~~(C)~~ How providers will be paid for providing the services;

116444

~~(D)~~(C) The ~~department of mental health's or department of~~	116445
~~alcohol and drug addiction services'~~ responsibilities of the	116446
department of mental health and addiction services with regard to	116447
providers, including program oversight and quality assurance.	116448

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	116449
~~services~~medicaid enters into a contract with the department of	116450
~~mental health~~mental health and addiction services under section	116451
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	116452
~~family services~~medicaid shall pay the nonfederal share of any	116453
medicaid payment to a provider for services under the component,	116454
or aspect of the component, the department of ~~mental health~~mental	116455
health and addiction services administers. ~~If necessary, the~~	116456
~~director of job and family services shall submit a medicaid state~~	116457
~~plan amendment to the United States secretary of health and human~~	116458
~~services regarding the department of job and family services' duty~~	116459
~~under this section.~~	116460

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	116461
(B) of this section, if a state agency or political subdivision	116462
administers one or more components of the medicaid program that	116463
the United States department of health and human services	116464
approved, and for which federal financial participation was	116465
initially obtained, prior to January 1, 2002, or administers one	116466
or more aspects of such a component, the department of ~~job and~~	116467
~~family services~~medicaid may retain or collect not more than ten	116468
per cent of the federal financial participation the state agency	116469
or political subdivision obtains through an approved,	116470
administrative claim regarding the component or aspect of the	116471
component. If the department retains or collects a percentage of	116472
such federal financial participation, the percentage the	116473
department retains or collects shall be specified in a contract	116474
the department enters into with the state agency or political	116475
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	116476

(2) Except as provided in division (B) of this section, if a	116477
state agency or political subdivision administers one or more	116478
components of the medicaid program that the United States	116479
department of health and human services approved on or after	116480
January 1, 2002, or administers one or more aspects of such a	116481
component, the department of ~~job and family services~~medicaid	116482
shall retain or collect not less than three and not more than ten	116483
per cent of the federal financial participation the state agency	116484
or political subdivision obtains through an approved,	116485
administrative claim regarding the component or aspect of the	116486
component. The percentage the department retains or collects shall	116487
be specified in a contract the department enters into with the	116488
state agency or political subdivision under section ~~5111.91~~	116489
5162.35 of the Revised Code.	116490

(B) ~~The department of job and family services may retain or~~	116491
~~collect a percentage of federal financial participation under~~	116492
~~divisions (A)(1) and (2) of this section only to the extent~~	116493
~~permitted by federal statutes and regulations.~~	116494

~~(C)~~ All amounts the department retains or collects under this	116495
section shall be deposited into the health care services	116496
administration fund created under section ~~5111.94~~5162.54 of the	116497
Revised Code.	116498

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	116499
~~services~~medicaid may retain or collect a percentage of the	116500
federal financial participation included in a supplemental	116501
medicaid payment to one or more medicaid providers owned or	116502
operated by a state agency or political subdivision that brings	116503
the payment to such provider or providers to the upper payment	116504
limit established by 42 C.F.R. 447.272. If the department retains	116505
or collects a percentage of that federal financial participation,	116506
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	116507
~~119.~~section 5162.02 of the Revised Code specifying the percentage	116508
the department is to retain or collect. All amounts the department	116509
retains or collects under this section shall be deposited into the	116510
health care services administration fund created under section	116511
~~5111.94~~5162.54 of the Revised Code.	116512

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	116513
hereby created in the state treasury. All of the following shall	116514
be credited to the fund:	116515

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	116516
Revised Code requires be credited to the fund;	116517

(2) The federal share of all rebates paid by drug	116518
manufacturers to the department of ~~job and family services~~	116519
medicaid in accordance with a rebate agreement required by the	116520
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	116521

(3) The federal share of all supplemental rebates paid by	116522
drug manufacturers to the department of ~~job and family services~~	116523
medicaid in accordance with the supplemental drug rebate program	116524
established under section ~~5111.081~~5164.755 of the Revised Code;	116525

(4) Except as otherwise provided by statute or as authorized	116526
by the controlling board, the federal share of all other	116527
medicaid-related revenues, collections, and recoveries.	116528

(B) All money credited to the health care - federal fund	116529
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	116530
Code shall be used solely for distributing funds to hospitals	116531
under section ~~5112.08~~5168.09 of the Revised Code. The department	116532
of ~~job and family services~~medicaid shall use all other money	116533
credited to the fund to pay for other medicaid services and	116534
contracts.	116535

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	116536
and recoveries fund is hereby created in the state treasury. All	116537
of the following shall be credited to the fund:	116538

(1) Except as otherwise provided by statute or as authorized	116539
by the controlling board, the nonfederal share of all	116540
medicaid-related revenues, collections, and recoveries;	116541

(2) Federal reimbursement received for payment adjustments	116542
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	116543
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	116544
under the medicaid program to state mental health hospitals	116545
maintained and operated by the department of ~~mental health~~mental	116546
health and addiction services under division (A) of section	116547
~~5119.02~~5119.14 of the Revised Code;	116548

(3) Revenues the department of ~~job and family services~~	116549
medicaid receives from another state agency for medicaid services	116550
pursuant to an interagency agreement, other than such revenues	116551
required to be deposited into the health care services	116552
administration fund created under section ~~5111.94~~5162.54 of the	116553
Revised Code;	116554

(4) The first seven hundred fifty thousand dollars the	116555
department receives in a fiscal year for performing eligibility	116556
verification services necessary for compliance with the	116557
independent, certified audit requirement of 42 C.F.R. 455.304;	116558

(5) The nonfederal share of all rebates paid by drug	116559
manufacturers to the department of medicaid in accordance with a	116560
rebate agreement required by the "Social Security Act," section	116561
1927, 42 U.S.C. 1396r-8;	116562

(6) The nonfederal share of all supplemental rebates paid by	116563
drug manufacturers to the department of medicaid in accordance	116564
with the supplemental drug rebate program established under	116565
section 5164.755 of the Revised Code.	116566

(B) The department of ~~job and family services~~medicaid shall	116567
use money credited to the health care/medicaid support and	116568
recoveries fund to pay for medicaid services and contracts.	116569

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	116570
~~offset" means a reduction of a medicaid payment to a medicaid~~	116571
~~provider to correct a previous, incorrect medicaid payment to that~~	116572
~~provider.~~	116573

~~(B)~~ There is hereby created in the state treasury the health	116574
care services administration fund. Except as provided in division	116575
(C) of this section, all the following shall be deposited into the	116576
fund:	116577

(1) Amounts deposited into the fund pursuant to sections	116578
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	116579

(2) The amount of the state share of all money the department	116580
of ~~job and family services, in fiscal year 2003 and each fiscal~~	116581
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	116582
tort action under the department's right of recovery under section	116583
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	116584
of all money the department, in fiscal year 2002, recovers	116585
pursuant to a tort action under that right of recovery;	116586

(3) Subject to division ~~(D)~~(B) of this section, the amount of	116587
the state share of all money the department of ~~job and family~~	116588
~~services~~medicaid, in fiscal year 2003 and each fiscal year	116589
thereafter, recovers through audits of medicaid providers that	116590
exceeds the state share of all money the department, in fiscal	116591
year 2002, recovers through such audits;	116592

(4) Amounts from assessments on hospitals under section	116593
~~5112.06~~5168.06 of the Revised Code and intergovernmental	116594
transfers by governmental hospitals under section ~~5112.07~~5168.07	116595
of the Revised Code that are deposited into the fund in accordance	116596
with the law;	116597

(5) Amounts that the department of education pays to the	116598
department of ~~job and family services~~medicaid, if any, pursuant	116599
to an interagency agreement ~~entered into under~~authorized by	116600
section ~~5111.713~~5162.363 of the Revised Code;	116601

(6) The application fees charged to providers under section	116602
~~5111.063~~5164.31 of the Revised Code;	116603

(7) The fines collected under section ~~5111.271~~5165.1010 of	116604
the Revised Code;	116605

(8) Money the department receives in a fiscal year for	116606
performing eligibility verification services necessary for	116607
compliance with the independent, certified audit requirement of 42	116608
C.F.R. 455.304, other than the amounts of such money that are to	116609
be credited to the health care/medicaid support and recoveries	116610
fund under section 5162.52 of the Revised Code.	116611

~~(C) No funds shall be deposited into the health care services~~	116612
~~administration fund in violation of federal statutes or~~	116613
~~regulations.~~	116614

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	116615
section the amount of money the department, in a fiscal year,	116616
recovers through audits of medicaid providers, the amount	116617
recovered in the form of vendor offset shall be excluded.	116618

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	116619
medicaid shall use funds available in the health care services	116620
administration fund to pay for costs associated with the	116621
administration of the medicaid program.	116622

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	116623
the health care special activities fund. The department of ~~job and~~	116624
~~family services~~medicaid shall deposit all funds it receives	116625
pursuant to the administration of the medicaid program into the	116626
fund, other than any such funds that are required by law to be	116627
deposited into another fund. The department shall use the money in	116628
the fund to pay for expenses related to the services provided	116629
under, and the administration of, the medicaid program.	116630

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

116631

~~"Dual eligible individual" has the same meaning as in section~~	116632
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	116633
~~42 U.S.C. 1396n(h)(2)(B).~~	116634

~~"Dual eligible integrated care demonstration project" means~~	116635
~~the demonstration project authorized by section 5111.981 of the~~	116636
~~Revised Code.~~	116637

~~"Medicare program" means the program created under Title~~	116638
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	116639
~~1395, as amended.~~	116640

~~(B)~~ There is created in the state treasury the integrated	116641
care delivery systems fund. If the terms of the federal approval	116642
for the dual eligible integrated care demonstration project	116643
authorized by section 5164.91 of the Revised Code provide for the	116644
state to receive a portion of the amounts that the demonstration	116645
project saves the medicare program, such amounts shall be	116646
deposited into the fund. The department of ~~job and family services~~	116647
medicaid shall use the money in the fund to further develop	116648
integrated delivery systems and improved care coordination for	116649
dual eligible individuals.	116650

Sec. 5162.60. (A) There is hereby created in the state	116651
treasury the managed care performance payment fund. The fund shall	116652
consist of all of the following:	116653

(1) Amounts transferred to it by the director of budget and	116654
management for the purpose of the managed care performance payment	116655
program established under section 5167.30 of the Revised Code;	116656

(2) All fines imposed on and collected from medicaid managed	116657
care organizations for failure to meet performance standards or	116658
other requirements specified in provider agreements or rules	116659
adopted under section 5167.02 of the Revised Code;	116660

(3) All investment earnings of the fund.

116661

(B) Amounts in the fund may be used for the following:

116662

(1) To make performance payments to medicaid managed care	116663
organizations in accordance with section 5167.30 of the Revised	116664
Code;	116665

(2) To meet obligations specified in the provider agreements;

116666

(3) To pay for medicaid services provided by a medicaid	116667
managed care organization;	116668

(4) To reimburse a medicaid managed care organization that	116669
has paid a fine for failure to meet performance standards or other	116670
requirements specified in provider agreements or rules adopted	116671
under section 5167.02 of the Revised Code if that organization	116672
comes into compliance with those standards or requirements.	116673

Sec. 5162.62. There is hereby created in the state treasury	116674
the medicaid administrative reimbursement fund. The department of	116675
medicaid shall use money in the fund to pay for the nonfederal	116676
share of the cost of a fiscal audit for which a state agency or	116677
political subdivision is required by section 5162.35 of the	116678
Revised Code to reimburse the department. The department shall	116679
deposit the reimbursements into the fund.	116680

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	116681
state treasury the medicaid school program administrative fund.	116682

(B) Both of the following shall be deposited into the	116683
medicaid school program administrative fund:	116684

(1) The federal funds the department of education receives	116685
for the expenses the department incurs in administering the	116686
medicaid school component of the medicaid program created under	116687
section 5162.36 of the Revised Code;	116688

(2) The money the department collects from qualified medicaid	116689
school providers in the process established in rules ~~adopted under~~	116690
authorized by section ~~5111.713~~5162.363 of the Revised Code.	116691

(C) ~~No funds shall be deposited into the medicaid school~~	116692
~~program administrative fund in violation of federal statutes or~~	116693
~~regulations.~~	116694

~~(D)~~ The department of education shall use money in the	116695
medicaid school program administrative fund for both of the	116696
following purposes:	116697

(1) Paying for the expenses the department incurs in	116698
administering the medicaid school component of the medicaid	116699
program;	116700

(2) Paying a qualified medicaid school provider a refund for	116701
any overpayment the provider makes to the department under the	116702
process established in rules ~~adopted under~~authorized by section	116703
~~5111.713~~5162.363 of the Revised Code if the process results in an	116704
overpayment.	116705

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	116706
"deficiency" has the same meaning as in section 5165.60 of the	116707
Revised Code.	116708

The proceeds of all fines, including interest, collected	116709
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	116710
Code shall be deposited in the state treasury to the credit of the	116711
residents protection fund, which is hereby created. The proceeds	116712
of all fines, including interest, collected under section 173.42	116713
of the Revised Code shall be deposited in the state treasury to	116714
the credit of the residents protection fund.	116715

Money in the fund shall be used for the protection of the	116716
health or property of residents of nursing facilities in which the	116717
department of health finds deficiencies, including payment for the	116718
costs of relocation of residents to other facilities, maintenance	116719
of operation of a facility pending correction of deficiencies or	116720
closure, and reimbursement of residents for the loss of money	116721
managed by the facility under section 3721.15 of the Revised Code.	116722
Money in the fund may also be used to make payments under section	116723
~~5111.511~~5165.78 of the Revised Code.	116724

The fund shall be maintained and administered by the	116725
department of ~~job and family services~~medicaid under rules	116726
developed in consultation with the departments of health and aging	116727
and adopted ~~by the director of job and family services~~ under	116728
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	116729
be adopted in accordance with Chapter 119. of the Revised Code.	116730

Sec. 5163.01. As used in this chapter:

116731

"Federal financial participation" has the same meaning as in	116732
section 5160.01 of the Revised Code.	116733

"Federal poverty line" has the same meaning as in section	116734
5162.01 of the Revised Code.	116735

"Healthy start component" has the same meaning as in section	116736
5162.01 of the Revised Code.	116737

"Home and community-based services medicaid waiver component"	116738
has the same meaning as in section 5166.01 of the Revised Code.	116739

"Intermediate care facility for individuals with intellectual	116740
disabilities" and "ICF/IID" have the same meanings as in section	116741
5124.01 of the Revised Code.	116742

"Mandatory eligibility groups" means the groups of	116743
individuals that must be covered by the medicaid state plan as a	116744
condition of the state receiving federal financial participation	116745
for the medicaid program.	116746

"Medicaid buy-in for workers with disabilities program" means	116747
the component of the medicaid program established under sections	116748
5163.09 to 5163.0910 of the Revised Code.	116749

"Medicaid services" has the same meaning as in section	116750
5164.01 of the Revised Code.	116751

"Medicaid waiver component" has the same meaning as in	116752
section 5166.01 of the Revised Code.	116753

"Nursing facility" and "nursing facility services" have the	116754
same meanings as in section 5165.01 of the Revised Code.	116755

"Optional eligibility groups" means the groups of individuals	116756
who may be covered by the medicaid state plan or a federal	116757
medicaid waiver and for whom the medicaid program receives federal	116758
financial participation.	116759

"Other medicaid-funded long-term care services" has the	116760
meaning specified in rules adopted under section 5163.02 of the	116761
Revised Code.	116762

"Supplemental security income program" means the program	116763
established by Title XVI of the "Social Security Act," 42 U.S.C.	116764
1381 et seq.	116765

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	116766
~~family services~~ shall adopt rules ~~establishing~~as necessary to	116767
implement this chapter. The rules shall establish eligibility	116768
requirements for the medicaid program. The rules may establish	116769
requirements for applying for medicaid and determining and	116770
verifying eligibility for medicaid. The rules shall be adopted	116771
~~pursuant to~~in accordance with section 111.15 of the Revised Code	116772
~~and shall be consistent with federal and state law~~. ~~The rules~~	116773
~~shall include rules that do all of the following:~~	116774

(~~1) Establish standards consistent with federal law for~~	116775
~~allocating income and resources as income and resources of the~~	116776
~~spouse, children, parents, or stepparents of a recipient of or~~	116777
~~applicant for medicaid;~~	116778

~~(2) Define the term "resources" as used in division (A)(1) of~~	116779
~~this section;~~	116780

~~(3) Specify the number of months that is to be used for the~~	116781
~~purpose of the term "look-back date" used in section 5111.0116 of~~	116782
~~the Revised Code;~~	116783

~~(4) Establish processes to be used to determine both of the~~	116784
~~following:~~	116785

~~(a) The date an institutionalized individual's ineligibility~~	116786
~~for services under section 5111.0116 of the Revised Code is to~~	116787
~~begin;~~	116788

~~(b) The number of months an institutionalized individual's~~	116789
~~ineligibility for such services is to continue.~~	116790

~~(5) For the purpose of division (C) of section 5111.0116 of~~	116791
~~the Revised Code, establish procedures for granting waivers of all~~	116792
~~or a portion of the period of ineligibility that an~~	116793
~~institutionalized individual would otherwise be subject to under~~	116794
~~that section and additional reasons for which such waivers may be~~	116795
~~granted;~~	116796

~~(6) Define the term "other medicaid-funded long-term care~~	116797
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	116798
~~Revised Code;~~	116799

~~(7) For the purpose of division (C)(2)(c) of section~~	116800
~~5111.0117 of the Revised Code, establish the process to determine~~	116801
~~whether the child of an aged, blind, or disabled individual is~~	116802
~~financially dependent on the individual for housing.~~	116803

~~(B)~~ Notwithstanding any provision of state law, including	116804
statutes, administrative rules, common law, and court rules,	116805
regarding real or personal property or domestic relations, the	116806
standards established under rules adopted under ~~division (A)(1) of~~	116807
this section shall be used to determine eligibility for medicaid.	116808

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	116809
the Revised Code, the medicaid program shall cover all mandatory	116810
eligibility groups.	116811

(B) The medicaid program shall cover all of the optional	116812
eligibility groups that state statutes require the medicaid	116813
program to cover.	116814

(C) The medicaid program may cover any of the optional	116815
eligibility groups to which either of the following applies:	116816

(1) State statutes expressly permit the medicaid program to	116817
cover the optional eligibility group.	116818

(2) State statutes do not address whether the medicaid	116819
program may cover the optional eligibility group.	116820

(D) The medicaid program shall not cover any eligibility	116821
group that state statutes prohibit the medicaid program from	116822
covering.	116823

Sec. 5163.04. The medicaid program shall not cover the group	116824
described in the "Social Security Act," section	116825
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	116826

This section does not affect the medicaid eligibility of any	116827
individual who begins to participate in the metrohealth care plus	116828
medicaid waiver component on or after February 5, 2013.	116829

Sec. 5163.05. The medicaid program's eligibility	116830
requirements for aged, blind, and disabled individuals may be more	116831
restrictive than the eligibility requirements for the supplemental	116832
security income program. Any such more restrictive eligibility	116833
requirements shall be consistent with the 209(b) option described	116834
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	116835

Sec. 5163.06. Beginning January 1, 2014, the medicaid	116836
director may alter the eligibility requirements for, and terminate	116837
the medicaid program's coverage of, one or more optional	116838
eligibility groups or subgroups, including the following:	116839

(A) Children placed with adoptive parents who may be covered	116840
by medicaid pursuant to the "Social Security Act," section	116841
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	116842

(B) Low income women and children who may be covered by	116843
medicaid pursuant to the "Social Security Act," section	116844
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	116845

(C) Independent foster care adolescents who may be covered by	116846
medicaid pursuant to the "Social Security Act," section	116847
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	116848

(D) Women in need of treatment for breast or cervical cancer	116849
who may be covered by medicaid pursuant to the "Social Security	116850
Act," section 1902(a)(10)(A)(ii)(XVIII), 42 U.S.C.	116851
1396a(a)(10)(A)(ii)(XVIII);	116852

(E) Low income, nonpregnant individuals who may receive	116853
family planning services and supplies under medicaid pursuant to	116854
the "Social Security Act," section 1902(a)(10)(A)(ii)(XXI), 42	116855
U.S.C. 1396a(a)(10)(A)(ii)(XXI);	116856

(F) Pregnant women who may be determined presumptively	116857
eligible for medicaid pursuant to the "Social Security Act,"	116858
section 1920, 42 U.S.C. 1396r-1;	116859

(G) Children who may be determined presumptively eligible for	116860
medicaid pursuant to the "Social Security Act," section 1920A, 42	116861
U.S.C. 1396r-1a;	116862

(H) Low income parents who may be covered by medicaid	116863
pursuant to the "Social Security Act," section 1931, 42 U.S.C.	116864
1396u-1.	116865

Sec. 5163.061. If the medicaid director alters the	116866
eligibility requirements for, or terminates the medicaid program's	116867
coverage of, an optional eligibility group or subgroup pursuant to	116868
section 5163.06 of the Revised Code, all of the following apply:	116869

(A) In the case of an optional eligibility group or subgroup	116870
for which the eligibility requirements are altered:	116871

(1) No individual enrolled, before the effective date of the	116872
altered eligibility requirements, in medicaid as part of the group	116873
or subgroup shall remain enrolled in medicaid on and after that	116874
effective date unless the individual meets the altered eligibility	116875
requirements for the group or subgroup or meets the eligibility	116876
requirements for another eligibility group or subgroup.	116877

(2) Beginning on the effective date of the altered	116878
eligibility requirements, no individual may enroll in medicaid as	116879
part of the group or subgroup unless the individual meets the	116880
altered eligibility requirements for the group or subgroup or	116881
meets the eligibility requirements for another eligibility group	116882
or subgroup.	116883

(B) In the case of an optional eligibility group or subgroup	116884
whose medicaid coverage is terminated:	116885

(1) No individual enrolled, before the effective date of the	116886
termination, in medicaid as part of the group or subgroup shall	116887
remain enrolled in medicaid on and after that effective date	116888
unless the individual meets the eligibility requirements for	116889
another eligibility group or subgroup.	116890

(2) Beginning on the effective date of the termination, no	116891
individual may enroll in medicaid as part of the group or subgroup	116892
but may enroll in medicaid as part of another group or subgroup	116893
for which the individual meets the eligibility requirements.	116894

(C) The department of medicaid shall take actions as the	116895
department determines necessary, including requiring actions from	116896
county departments of job and family services, to do both of the	116897
following:	116898

(1) Inform medicaid recipients about the altered eligibility	116899
requirements or termination of the medicaid program's coverage of	116900
the group or subgroup;	116901

(2) In the case of medicaid recipients who will cease to be	116902
eligible for medicaid as part of the group or subgroup because of	116903
the altered eligibility requirements or termination of the group's	116904
or subgroup's coverage, offer to assist the recipients with the	116905
following:	116906

(a) To continue to be enrolled in medicaid as part of another	116907
eligibility group or subgroup for which they meet the eligibility	116908
requirements;	116909

(b) Transition to other health coverage options available to	116910
them.	116911

(D) Regarding appeals authorized by section 5160.31 of the	116912
Revised Code:	116913

(1) No individual may appeal a denial of medicaid eligibility	116914
as part of a group or subgroup whose medicaid coverage is	116915
terminated if the denial is for medicaid eligibility that would	116916
begin or continue on or after the effective date of the	116917
termination.	116918

(2) An individual may initiate or continue, on or after the	116919
effective date of the termination, an appeal concerning the	116920
individual's eligibility for medicaid as part of the group or	116921
subgroup if the decision being appealed concerns the individual's	116922
eligibility for medicaid as part of the group or subgroup before	116923
the effective date of the termination.	116924

(3) An appeal initiated or continued pursuant to division	116925
(D)(2) of this section may not result in the appellant being	116926
enrolled, or continuing to be enrolled, in medicaid as part of the	116927
group or subgroup on or after the effective date of the	116928
termination.	116929

(E) The altered eligibility requirements or termination of	116930
the medicaid program's coverage of the group or subgroup has no	116931
effect on either of the following:	116932

(1) An automatic right of recovery given under section	116933
5160.37 of the Revised Code;	116934

(2) An automatic assignment of rights under section 5160.38	116935
of the Revised Code.	116936

(F) All rules, standards, guidelines, or orders regarding the	116937
group or subgroup issued by the medicaid director before the	116938
effective date of the altered eligibility requirements or	116939
termination of the medicaid program's coverage of the group or	116940
subgroup shall be used for the purpose of determining the state's	116941
legal obligations for claims related to the group or subgroup that	116942
arise from any of the following:	116943

(1) Eligibility determinations regarding enrollment in	116944
medicaid before that effective date;	116945

(2) Claims for payment for medicaid services provided before	116946
that effective date;	116947

(3) Recoveries of erroneous medicaid payments.

116948

Sec. 5163.08. The medicaid director shall implement the	116949
option authorized by the "Social Security Act," section	116950
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	116951
twelve-month eligibility period for transitional medicaid.	116952

~~Sec. 5111.70.~~ Sec. 5163.09. (A) As used in sections ~~5111.70~~	116953
5163.09 to ~~5111.7011~~5163.0910 of the Revised Code:	116954

"Applicant" means an individual who applies to participate in	116955
the medicaid buy-in for workers with disabilities program.	116956

"Earned income" has the meaning established by rules ~~adopted~~	116957
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116958

"Employed individual with a medically improved disability"	116959
has the same meaning as in the "Social Security Act," section	116960
1905(v), 42 U.S.C. 1396d(v).	116961

"Family" means an applicant or participant and the spouse and	116962
dependent children of the applicant or participant. If an	116963
applicant or participant is under eighteen years of age, "family"	116964
also means the parents of the applicant or participant.	116965

~~"Federal poverty guidelines" has the same meaning as in~~	116966
~~section 5101.46 of the Revised Code.~~	116967

"Health insurance" has the meaning established by rules	116968
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116969
Revised Code.	116970

"Income" means earned income and unearned income.

116971

"Participant" means an individual who has been determined	116972
eligible for the medicaid buy-in for workers with disabilities	116973
program and is participating in the program.	116974

"Resources" has the meaning established by rules ~~adopted~~	116975
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116976

"Spouse" has the meaning established in rules ~~adopted under~~	116977
authorized by section ~~5111.708~~5163.098 of the Revised Code.	116978

~~"Supplemental security income program" means the program~~	116979
~~established under Title XVI of the "Social Security Act," 86 Stat.~~	116980
~~1329 (1972), 42 U.S.C. 1381, as amended.~~	116981

~~"Medicaid buy-in for workers with disabilities program" means~~	116982
~~the component of the medicaid program established under sections~~	116983
~~5111.70 to 5111.7011 of the Revised Code.~~	116984

"Unearned income" has the meaning established by rules	116985
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116986
Revised Code.	116987

(B) ~~Not later than one hundred eighty days after the~~	116988
~~effective date of this section, the director of job and family~~	116989
~~services shall submit to the United States secretary of health and~~	116990
~~human services an amendment to the state medicaid plan and any~~	116991
~~federal waiver necessary to establish the medicaid buy-in for~~	116992
~~workers with disabilities program in accordance with~~The medicaid	116993
program shall cover the optional eligibility groups specified in	116994
the "Social Security Act," section 1902(a)(10)(A)(ii)(XV) and	116995
(XVI), 42 U.S.C. 1396a(a) (10)(A)(ii)(XV) and (XVI) ~~and~~in	116996
accordance with sections ~~5111.70~~5163.09 to ~~5111.7011~~5163.0910	116997
of the Revised Code. ~~The director shall implement sections~~	116998
~~5111.701 to 5111.7011 of the Revised Code if the amendment and, if~~	116999
~~needed, federal waiver are approved.~~The medicaid program's	117000
coverage of these optional eligibility groups shall be known as	117001
the medicaid buy-in for workers with disabilities program.	117002

~~Sec. 5111.701.~~ Sec. 5163.091. Under the medicaid buy-in for	117003
workers with disabilities program, an individual who does all of	117004
the following in accordance with rules ~~adopted under~~authorized by	117005
section ~~5111.708~~5163.098 of the Revised Code qualifies for	117006
~~medical assistance under~~ the medicaid program:	117007

(A) Applies for the medicaid buy-in for workers with	117008
disabilities program;	117009

(B) Provides satisfactory evidence of all of the following:

117010

(1) That the individual is at least sixteen years of age and	117011
under sixty-five years of age;	117012

(2) Except as provided in section ~~5111.706~~5163.096 of the	117013
Revised Code, that one of the following applies to the individual:	117014

(a) The individual is considered disabled for the purpose of	117015
the supplemental security income program, regardless of whether	117016
the individual receives supplemental security income benefits, and	117017
the individual has earnings from employment.	117018

(b) The individual is an employed individual with a medically	117019
improved disability.	117020

(3) That the value of the individual's resources, less	117021
amounts disregarded pursuant to rules ~~adopted under~~authorized by	117022
section ~~5111.708~~5163.098 of the Revised Code, does not exceed the	117023
amount provided for by section ~~5111.702~~5163.092 of the Revised	117024
Code;	117025

(4) That the individual's income, less amounts disregarded	117026
pursuant to section ~~5111.703~~5163.093 of the Revised Code, does	117027
not exceed two hundred fifty per cent of the federal poverty	117028
~~guidelines~~line;	117029

(5) That the individual meets the additional eligibility	117030
requirements for the medicaid buy-in for workers with disabilities	117031
program ~~that the director of job and family services establishes~~	117032
established in rules ~~adopted under~~authorized by section ~~5111.708~~	117033
5163.098 of the Revised Code.	117034

(C) To the extent required by section ~~5111.704~~5163.094 of	117035
the Revised Code, pays the premium established under that section.	117036

~~Sec. 5111.702.~~ Sec. 5163.092. (A) Except as provided in division	117037
(B) of this section, the maximum value of resources, less amounts	117038
disregarded pursuant to rules ~~adopted under~~authorized by section	117039
~~5111.708~~5163.098 of the Revised Code, that an individual may have	117040
without the individual exceeding the resource eligibility limit	117041
for the medicaid buy-in for workers with disabilities program	117042
shall not exceed ten thousand dollars.	117043

(B) Each calendar year, the medicaid director ~~of job and~~	117044
~~family services~~ shall adjust the resource eligibility limit	117045
specified in division (A) of this section by the change in the	117046
consumer price index for all items for all urban consumers for the	117047
previous calendar year, as published by the United States bureau	117048
of labor statistics. The annual adjustment shall go into effect on	117049
the earliest date possible.	117050

~~Sec. 5111.703.~~ Sec. 5163.093. For the purpose of determining	117051
whether an individual is within the income eligibility limit for	117052
the medicaid buy-in for workers with disabilities program, all of	117053
the following apply:	117054

(A) Twenty thousand dollars of the individual's earned income	117055
shall be disregarded.	117056

(B) No amount that the individual's employer pays to obtain	117057
health insurance for one or more members of the individual's	117058
family, including any amount of a premium established under	117059
section ~~5111.704~~5163.094 of the Revised Code that the employer	117060
pays, shall be treated as the individual's income.	117061

(C) Any other amounts, if any, specified in rules ~~adopted~~	117062
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code	117063
shall be disregarded from the individual's earned income, unearned	117064
income, or both.	117065

~~Sec. 5111.704.~~ Sec. 5163.094. An individual whose income exceeds	117066
one hundred fifty per cent of the federal poverty ~~guidelines~~line	117067
shall pay an annual premium as a condition of qualifying for the	117068
medicaid buy-in for workers with disabilities program. The amount	117069
of the premium shall be determined as follows:	117070

(A) Subtract one hundred fifty per cent of the federal	117071
poverty ~~guidelines~~line, as applicable for a family size equal to	117072
the size of the individual's family, from the amount of the income	117073
of the individual's family;	117074

(B) Subtract an amount specified in rules ~~adopted under~~	117075
authorized by section ~~5111.708~~5163.098 of the Revised Code from	117076
the difference determined under division (A) of this section;	117077

(C) Multiply the difference determined under division (B) of	117078
this section by one tenth.	117079

~~Sec. 5111.705.~~ Sec. 5163.095. No individual shall be denied	117080
eligibility for the medicaid buy-in for workers with disabilities	117081
program on the basis that the individual receives services under a	117082
home and community-based services medicaid waiver component as	117083
~~defined in section 5111.85 of the Revised Code~~.	117084

~~Sec. 5111.706.~~ Sec. 5163.096. An individual participating in the	117085
medicaid buy-in for workers with disabilities program may continue	117086
to participate in the program for up to six months even though the	117087
individual ceases to have earnings from employment or to be an	117088
employed individual with a medically improved disability due to	117089
ceasing to be employed if the individual continues to meet all	117090
other eligibility requirements for the program.	117091

~~Sec. 5111.707.~~ Sec. 5163.097. If the United States secretary of	117092
health and human services requires that a provision ~~in the~~	117093
~~amendment to the state medicaid plan or the federal waiver request~~	117094
~~submitted under section 5111.70 of the Revised Code~~of the	117095
medicaid buy-in for workers with disabilities program be changed	117096
or removed in order for the secretary to approve the ~~amendment or~~	117097
~~waiver~~program or to avoid an extended delay in the secretary's	117098
approval, the medicaid director ~~of job and family services~~ shall	117099
make the change or removal. The change or removal may cause the	117100
medicaid buy-in for workers with disabilities program to include a	117101
provision that is inconsistent with sections ~~5111.70~~5163.09 to	117102
~~5111.706~~5163.096 of the Revised Code. Such a change or removal	117103
shall be made only to the extent necessary to obtain the United	117104
States secretary's approval or avoid an extended delay in the	117105
secretary's approval and shall be reflected in rules ~~adopted~~	117106
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	117107

~~Sec. 5111.708.~~ Sec. 5163.098. (A) The medicaid director ~~of job and~~	117108
~~family services~~ shall adopt rules ~~in accordance with Chapter 119.~~	117109
under section 5163.02 of the Revised Code as necessary to	117110
implement the medicaid buy-in for workers with disabilities	117111
program. The rules shall do all of the following:	117112

(1) Specify assets, asset values, and amounts to be	117113
disregarded in determining asset and income eligibility limits for	117114
the program;	117115

(2) Establish meanings for the terms "earned income," "health	117116
insurance," "resources," "spouse," and "unearned income";	117117

(3) Establish additional eligibility requirements for the	117118
program that must be established for the United States secretary	117119
of health and human services to approve the program;	117120

(4) For the purpose of division (B) of section ~~5111.704~~	117121
5163.094 of the Revised Code, specify an amount to be subtracted	117122
from the difference determined under division (A) of that section.	117123

(B) The director may adopt rules ~~in accordance with Chapter~~	117124
~~119.~~under section 5163.02 of the Revised Code to specify amounts	117125
to be disregarded from an individual's earned income, unearned	117126
income, or both under division (C) of section ~~5111.703~~5163.093 of	117127
the Revised Code for the purpose of determining whether the	117128
individual is within the income eligibility limit for the medicaid	117129
buy-in for workers with disabilities program.	117130

~~Sec. 5111.709.~~ Sec. 5163.099. (A) There is hereby created the	117131
medicaid buy-in advisory council. The council shall consist of all	117132
of the following:	117133

(1) The following voting members:

117134

(a) The executive director of assistive technology of Ohio or	117135
the executive director's designee;	117136

(b) The director of the axis center for public awareness of	117137
people with disabilities or the director's designee;	117138

(c) The executive director of the cerebral palsy association	117139
of Ohio or the executive director's designee;	117140

(d) The chief executive officer of Ohio advocates for mental	117141
health or the chief executive officer's designee;	117142

(e) The state director of the Ohio chapter of AARP or the	117143
state director's designee;	117144

(f) The director of the Ohio developmental disabilities	117145
council created under section 5123.35 of the Revised Code or the	117146
director's designee;	117147

(g) The executive director of the governor's council on	117148
people with disabilities created under section 3303.41 of the	117149
Revised Code or the executive director's designee;	117150

(h) The chairperson of the Ohio Olmstead task force or the	117151
chairperson's designee;	117152

(i) The executive director of the Ohio statewide independent	117153
living council or the executive director's designee;	117154

(j) The president of the Ohio chapter of the national	117155
multiple sclerosis society or the president's designee;	117156

(k) The executive director of the arc of Ohio or the	117157
executive director's designee;	117158

(l) The executive director of the commission on minority	117159
health or the executive director's designee;	117160

(m) The executive director of the brain injury association of	117161
Ohio or the executive director's designee;	117162

(n) The executive officer of any other advocacy organization	117163
who volunteers to serve on the council, or such an executive	117164
officer's designee, if the other voting members, at a meeting	117165
called by the chairperson elected under division (C) of this	117166
section, determine it is appropriate for the advocacy organization	117167
to be represented on the council;	117168

(o) One or more participants who volunteer to serve on the	117169
council and are selected by the other voting members at a meeting	117170
the chairperson calls after the medicaid buy-in for workers with	117171
disabilities program is implemented.	117172

(2) The following non-voting members:

117173

(a) The medicaid director ~~of job and family services~~ or the	117174
director's designee;	117175

(b) The ~~administrator~~executive director of the	117176
~~rehabilitation services commission~~opportunities for Ohioans with	117177
disabilities agency or the ~~administrator's~~executive director's	117178
designee;	117179

(c) ~~The director of alcohol and drug addiction services or~~	117180
~~the director's designee;~~	117181

~~(d)~~ The director of developmental disabilities or the	117182
director's designee;	117183

~~(e)~~(d) The director of mental health and addiction services	117184
or the director's designee;	117185

~~(f)~~(e) The executive officer of any other government entity,	117186
or the executive officer's designee, if the voting members, at a	117187
meeting called by the chairperson, determine it is appropriate for	117188
the government entity to be represented on the council.	117189

(B) All members of the medicaid buy-in advisory council shall	117190
serve without compensation or reimbursement, except as serving on	117191
the council is considered part of their usual job duties.	117192

(C) The voting members of the medicaid buy-in advisory	117193
council shall elect one of the members of the council to serve as	117194
the council's chairperson for a two-year term. The chairperson may	117195
be re-elected to successive terms.	117196

(D) The department of ~~job and family services~~medicaid shall	117197
provide the Ohio medicaid buy-in advisory council with	117198
accommodations for the council to hold its meetings and shall	117199
provide the council with other administrative assistance the	117200
council needs to perform its duties.	117201

~~Sec. 5111.7011.~~ Sec. 5163.0910. Not less than once each year, the	117202
medicaid director ~~of job and family services~~ shall submit a	117203
report on the medicaid buy-in for workers with disabilities	117204
program to the governor, speaker and minority leader of the house	117205
of representatives, president and minority leader of the senate,	117206
and chairpersons of the house and senate committees to which the	117207
biennial operating budget bill is referred. The report shall	117208
include all of the following information:	117209

(A) The number of individuals who participated in the	117210
medicaid buy-in for workers with disabilities program;	117211

(B) The cost of the program;

117212

(C) The amount of revenue generated by premiums that	117213
participants pay under section ~~5111.704~~5163.094 of the Revised	117214
Code;	117215

(D) The average amount of earned income of participants'	117216
families;	117217

(E) The average amount of time participants have participated	117218
in the program;	117219

(F) The types of other health insurance participants have	117220
been able to obtain.	117221

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	117222
~~assistance~~ is the beneficiary of a trust created pursuant to	117223
section 5815.28 of the Revised Code, then, notwithstanding any	117224
contrary provision of this chapter or of a rule adopted ~~pursuant~~	117225
~~to this chapter~~under section 5163.02 of the Revised Code,	117226
divisions (C) and (D) of that section shall apply in determining	117227
the assets or resources of the recipient, the recipient's estate,	117228
the settlor, or the settlor's estate and to claims arising under	117229
this chapter against the recipient, the recipient's estate, the	117230
settlor, or the settlor's estate.	117231

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	117232
either of the following:	117233

(a) Initial eligibility determinations for the medicaid	117234
program ~~made by the department of job and family services pursuant~~	117235
~~to section 5101.47 of the Revised Code or by a county department~~	117236
~~of job and family services pursuant to section 5111.012 of the~~	117237
~~Revised Code~~;	117238

(b) An appeal from aan initial eligibility determination	117239
~~described in division (A)(1)(a) of this section~~ pursuant to	117240
section ~~5101.35~~5160.31 of the Revised Code.	117241

(2)(a) Except as provided in division (A)(2)(b) of this	117242
section, this section shall not be used by a court to determine	117243
the effect of a trust on an individual's initial eligibility for	117244
the medicaid program.	117245

(b) The prohibition in division (A)(2)(a) of this section	117246
does not apply to an appeal described in division (A)(1)(b) of	117247
this section.	117248

(B) As used in this section:

117249

(1) "Trust" means any arrangement in which a grantor	117250
transfers real or personal property to a trust with the intention	117251
that it be held, managed, or administered by at least one trustee	117252
for the benefit of the grantor or beneficiaries. "Trust" includes	117253
any legal instrument or device similar to a trust.	117254

(2) "Legal instrument or device similar to a trust" includes,	117255
but is not limited to, escrow accounts, investment accounts,	117256
partnerships, contracts, and other similar arrangements that are	117257
not called trusts under state law but are similar to a trust and	117258
to which all of the following apply:	117259

(a) The property in the trust is held, managed, retained, or	117260
administered by a trustee.	117261

(b) The trustee has an equitable, legal, or fiduciary duty to	117262
hold, manage, retain, or administer the property for the benefit	117263
of the beneficiary.	117264

(c) The trustee holds identifiable property for the	117265
beneficiary.	117266

(3) "Grantor" is a person who creates a trust, including all	117267
of the following:	117268

(a) An individual;

117269

(b) An individual's spouse;

117270

(c) A person, including a court or administrative body, with	117271
legal authority to act in place of or on behalf of an individual	117272
or an individual's spouse;	117273

(d) A person, including a court or administrative body, that	117274
acts at the direction or on request of an individual or the	117275
individual's spouse.	117276

(4) "Beneficiary" is a person or persons, including a	117277
grantor, who benefits in some way from a trust.	117278

(5) "Trustee" is a person who manages a trust's principal and	117279
income for the benefit of the beneficiaries.	117280

(6) "Person" has the same meaning as in section 1.59 of the	117281
Revised Code and includes an individual, corporation, business	117282
trust, estate, trust, partnership, and association.	117283

(7) "Applicant" is an individual who applies for medicaid or	117284
the individual's spouse.	117285

(8) "Recipient" is an individual who receives medicaid or the	117286
individual's spouse.	117287

(9) "Revocable trust" is a trust that can be revoked by the	117288
grantor or the beneficiary, including all of the following, even	117289
if the terms of the trust state that it is irrevocable:	117290

(a) A trust that provides that the trust can be terminated	117291
only by a court;	117292

(b) A trust that terminates on the happening of an event, but	117293
only if the event occurs at the direction or control of the	117294
grantor, beneficiary, or trustee.	117295

(10) "Irrevocable trust" is a trust that cannot be revoked by	117296
the grantor or terminated by a court and that terminates only on	117297
the occurrence of an event outside of the control or direction of	117298
the beneficiary or grantor.	117299

(11) "Payment" is any disbursal from the principal or income	117300
of the trust, including actual cash, noncash or property	117301
disbursements, or the right to use and occupy real property.	117302

(12) "Payments to or for the benefit of the applicant or	117303
recipient" is a payment to any person resulting in a direct or	117304
indirect benefit to the applicant or recipient.	117305

(13) "Testamentary trust" is a trust that is established by a	117306
will and does not take effect until after the death of the person	117307
who created the trust.	117308

(C)(1) If an applicant or recipient is a beneficiary of a	117309
trust, the applicant or recipient shall submit a complete copy of	117310
the trust instrument to the county department of job and family	117311
services and the department of medicaid. A copy shall be	117312
considered complete if it contains all pages of the trust	117313
instrument and all schedules, attachments, and accounting	117314
statements referenced in or associated with the trust. The copy is	117315
confidential and is not subject to disclosure under section 149.43	117316
of the Revised Code.	117317

(2) On receipt of a copy of a trust instrument or otherwise	117318
determining that an applicant or recipient is a beneficiary of a	117319
trust, the county department of job and family services shall	117320
determine what type of trust it is and shall treat the trust in	117321
accordance with the appropriate provisions of this section and	117322
rules adopted ~~by the department of job and family services~~under	117323
section 5163.02 of the Revised Code governing trusts. The county	117324
department of job and family services may determine that any of	117325
the following is the case regarding the trust or portion of the	117326
trust:	117327

(a) IsIt is a resource available to the applicant or	117328
recipient;	117329

(b) ~~Contains~~It contains income available to the applicant or	117330
recipient;	117331

(c) ~~Constitutes both items described in divisions~~Divisions	117332
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	117333

(d) ~~Is neither an item described in~~Neither division	117334
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	117335

~~(2)~~(3) Except as provided in division (F) of this section, a	117336
trust or portion of a trust that is a resource available to the	117337
applicant or recipient or contains income available to the	117338
applicant or recipient shall be counted for purposes of	117339
determining medicaid eligibility.	117340

(D)(1) A trust or legal instrument or device similar to a	117341
trust shall be considered a medicaid qualifying trust if all of	117342
the following apply:	117343

(a) The trust was established on or prior to August 10, 1993.

117344

(b) The trust was not established by a will.

117345

117346

(d) The applicant or recipient is or may become the	117347
beneficiary of all or part of the trust.	117348

(e) Payment from the trust is determined by one or more	117349
trustees who are permitted to exercise any discretion with respect	117350
to the distribution to the applicant or recipient.	117351

(2) If a trust meets the requirement of division (D)(1) of	117352
this section, the amount of the trust that is considered by the	117353
county department of job and family services to be a resource	117354
available to the applicant or recipient shall be the maximum	117355
amount of payments permitted under the terms of the trust to be	117356
distributed to the applicant or recipient, assuming the full	117357
exercise of discretion by the trustee or trustees. The maximum	117358
amount shall include only amounts that are permitted to be	117359
distributed but are not distributed from either the income or	117360
principal of the trust.	117361

(3) Amounts that are actually distributed from a medicaid	117362
qualifying trust to a beneficiary for any purpose shall be treated	117363
in accordance with rules adopted ~~by the department of job and~~	117364
~~family services~~under section 5163.02 of the Revised Code	117365
governing income.	117366

(4) Availability of a medicaid qualifying trust shall be	117367
considered without regard to any of the following:	117368

(a) Whether or not the trust is irrevocable or was	117369
established for purposes other than to enable a grantor to qualify	117370
for medicaid~~, medical assistance for covered families and~~	117371
~~children, or as a qualified medicare beneficiary, specified~~	117372
~~low-income medicare beneficiary, qualifying individual-1, or~~	117373
~~qualifying individual-2~~;	117374

(b) Whether or not the trustee actually exercises discretion.

117375

(5) If any real or personal property is transferred to a	117376
medicaid qualifying trust that is not distributable to the	117377
applicant or recipient, the transfer shall be considered an	117378
improper disposition of assets and shall be subject to section	117379
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117380
section adopted under section ~~5111.011~~5163.02 of the Revised	117381
Code.	117382

(6) The baseline date for the look-back period for	117383
disposition of assets involving a medicaid qualifying trust shall	117384
be the date on which the applicant or recipient is both	117385
institutionalized and first applies for medicaid.	117386

(E)(1) A trust or legal instrument or device similar to a	117387
trust shall be considered a self-settled trust if all of the	117388
following apply:	117389

(a) The trust was established on or after August 11, 1993.

117390

(b) The trust was not established by a will.

117391

(c) The trust was established by an applicant or recipient,	117392
spouse of an applicant or recipient, or a person, including a	117393
court or administrative body, with legal authority to act in place	117394
of or on behalf of an applicant, recipient, or spouse, or acting	117395
at the direction or on request of an applicant, recipient, or	117396
spouse.	117397

(2) A trust that meets the requirements of division (E)(1) of	117398
this section and is a revocable trust shall be treated by the	117399
county department of job and family services as follows:	117400

(a) The corpus of the trust shall be considered a resource	117401
available to the applicant or recipient.	117402

(b) Payments from the trust to or for the benefit of the	117403
applicant or recipient shall be considered unearned income of the	117404
applicant or recipient.	117405

(c) Any other payments from the trust shall be considered an	117406
improper disposition of assets and shall be subject to section	117407
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117408
section adopted under section ~~5111.011~~5163.02 of the Revised	117409
Code.	117410

(3) A trust that meets the requirements of division (E)(1) of	117411
this section and is an irrevocable trust shall be treated by the	117412
county department of job and family services as follows:	117413

(a) If there are any circumstances under which payment from	117414
the trust could be made to or for the benefit of the applicant or	117415
recipient, including a payment that can be made only in the	117416
future, the portion from which payments could be made shall be	117417
considered a resource available to the applicant or recipient. The	117418
county department of job and family services shall not take into	117419
account when payments can be made.	117420

(b) Any payment that is actually made to or for the benefit	117421
of the applicant or recipient from either the corpus or income	117422
shall be considered unearned income.	117423

(c) If a payment is made to someone other than to the	117424
applicant or recipient and the payment is not for the benefit of	117425
the applicant or recipient, the payment shall be considered an	117426
improper disposition of assets and shall be subject to section	117427
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117428
section adopted under section ~~5111.011~~5163.02 of the Revised	117429
Code.	117430

(d) The date of the disposition shall be the later of the	117431
date of establishment of the trust or the date of the occurrence	117432
of the event.	117433

(e) When determining the value of the disposed asset under	117434
this provision, the value of the trust shall be its value on the	117435
date payment to the applicant or recipient was foreclosed.	117436

(f) Any income earned or other resources added subsequent to	117437
the foreclosure date shall be added to the total value of the	117438
trust.	117439

(g) Any payments to or for the benefit of the applicant or	117440
recipient after the foreclosure date but prior to the application	117441
date shall be subtracted from the total value. Any other payments	117442
shall not be subtracted from the value.	117443

(h) Any addition of assets after the foreclosure date shall	117444
be considered a separate disposition.	117445

(4) If a trust is funded with assets of another person or	117446
persons in addition to assets of the applicant or recipient, the	117447
applicable provisions of this section and rules adopted ~~by the~~	117448
~~department of job and family services~~under section 5163.02 of the	117449
Revised Code governing trusts shall apply only to the portion of	117450
the trust attributable to the applicant or recipient.	117451

(5) The availability of a self-settled trust shall be	117452
considered without regard to any of the following:	117453

(a) The purpose for which the trust is established;

117454

(b) Whether the trustees have exercised or may exercise	117455
discretion under the trust;	117456

(c) Any restrictions on when or whether distributions may be	117457
made from the trust;	117458

(d) Any restrictions on the use of distributions from the	117459
trust.	117460

(6) The baseline date for the look-back period for	117461
dispositions of assets involving a self-settled trust shall be the	117462
date on which the applicant or recipient is both institutionalized	117463
and first applies for medicaid.	117464

(F) The principal or income from any of the following shall	117465
not be a resource available to the applicant or recipient:	117466

(1)(a) A special needs trust that meets all of the following	117467
requirements:	117468

(i) The trust contains assets of an applicant or recipient	117469
under sixty-five years of age and may contain the assets of other	117470
individuals.	117471

(ii) The applicant or recipient is disabled as defined in	117472
rules adopted ~~by the department of job and family services~~under	117473
section 5163.02 of the Revised Code.	117474

(iii) The trust is established for the benefit of the	117475
applicant or recipient by a parent, grandparent, legal guardian,	117476
or a court.	117477

(iv) The trust requires that on the death of the applicant or	117478
recipient the state will receive all amounts remaining in the	117479
trust up to an amount equal to the total amount of medicaid ~~paid~~	117480
payments made on behalf of the applicant or recipient.	117481

(b) If a special needs trust meets the requirements of	117482
division (F)(1)(a) of this section and has been established for a	117483
disabled applicant or recipient under sixty-five years of age, the	117484
exemption for the trust granted pursuant to division (F) of this	117485
section shall continue after the disabled applicant or recipient	117486
becomes sixty-five years of age if the applicant or recipient	117487
continues to be disabled as defined in rules adopted ~~by the~~	117488
~~department of job and family services~~under section 5163.02 of the	117489
Revised Code. Except for income earned by the trust, the grantor	117490
shall not add to or otherwise augment the trust after the	117491
applicant or recipient attains sixty-five years of age. An	117492
addition or augmentation of the trust by the applicant or	117493
recipient with the applicant's own assets after the applicant or	117494
recipient attains sixty-five years of age shall be treated as an	117495
improper disposition of assets.	117496

(c) Cash distributions to the applicant or recipient shall be	117497
counted as unearned income. All other distributions from the trust	117498
shall be treated as provided in rules adopted ~~by the department of~~	117499
~~job and family services~~under section 5163.02 of the Revised Code	117500
governing in-kind income.	117501

(d) Transfers of assets to a special needs trust shall not be	117502
treated as an improper transfer of resources. An asset held prior	117503
to the transfer to the trust shall be considered as a resource	117504
available to the applicant or recipient, income available to the	117505
applicant or recipient, or both a resource and income available to	117506
the individual.	117507

(2)(a) A qualifying income trust that meets all of the	117508
following requirements:	117509

(i) The trust is composed only of pension, social security,	117510
and other income to the applicant or recipient, including	117511
accumulated interest in the trust.	117512

(ii) The income is received by the individual and the right	117513
to receive the income is not assigned or transferred to the trust.	117514

(iii) The trust requires that on the death of the applicant	117515
or recipient the state will receive all amounts remaining in the	117516
trust up to an amount equal to the total amount of medicaid ~~paid~~	117517
payments made on behalf of the applicant or recipient.	117518

(b) No resources shall be used to establish or augment the	117519
trust.	117520

(c) If an applicant or recipient has irrevocably transferred	117521
or assigned the applicant's or recipient's right to receive income	117522
to the trust, the trust shall not be considered a qualifying	117523
income trust by the county department of job and family services.	117524

(d) Income placed in a qualifying income trust shall not be	117525
counted in determining an applicant's or recipient's eligibility	117526
for medicaid. The recipient of the funds may place any income	117527
directly into a qualifying income trust without those funds	117528
adversely affecting the applicant's or recipient's eligibility for	117529
medicaid. Income generated by the trust that remains in the trust	117530
shall not be considered as income to the applicant or recipient.	117531

(e) All income placed in a qualifying income trust shall be	117532
combined with any income available to the individual that is not	117533
placed in the trust to arrive at a base income figure to be used	117534
for spend down calculations.	117535

(f) The base income figure shall be used for post-eligibility	117536
deductions, including personal needs allowance, monthly income	117537
allowance, family allowance, and medical expenses not subject to	117538
third party payment. Any income remaining shall be used toward	117539
payment of patient liability. Payments made from a qualifying	117540
income trust shall not be combined with the base income figure for	117541
post-eligibility calculations.	117542

(g) The base income figure shall be used when determining the	117543
spend down budget for the applicant or recipient. Any income	117544
remaining after allowable deductions are permitted as provided	117545
under rules adopted ~~by the department of job and family services~~	117546
under section 5163.02 of the Revised Code shall be considered the	117547
applicant's or recipient's spend down liability.	117548

(3)(a) A pooled trust that meets all of the following	117549
requirements:	117550

(i) The trust contains the assets of the applicant or	117551
recipient of any age who is disabled as defined in rules adopted	117552
~~by the department of job and family services~~under section 5163.02	117553
of the Revised Code.	117554

(ii) The trust is established and managed by a nonprofit	117555
organization.	117556

(iii) A separate account is maintained for each beneficiary	117557
of the trust but, for purposes of investment and management of	117558
funds, the trust pools the funds in these accounts.	117559

(iv) Accounts in the trust are established by the applicant	117560
or recipient, the applicant's or recipient's parent, grandparent,	117561
or legal guardian, or a court solely for the benefit of	117562
individuals who are disabled.	117563

(v) The trust requires that, to the extent that any amounts	117564
remaining in the beneficiary's account on the death of the	117565
beneficiary are not retained by the trust, the trust pay to the	117566
state the amounts remaining in the trust up to an amount equal to	117567
the total amount of medicaid ~~paid~~payments made on behalf of the	117568
beneficiary.	117569

(b) Cash distributions to the applicant or recipient shall be	117570
counted as unearned income. All other distributions from the trust	117571
shall be treated as provided in rules adopted ~~by the department of~~	117572
~~job and family services~~under section 5163.02 of the Revised Code	117573
governing in-kind income.	117574

(c) Transfers of assets to a pooled trust shall not be	117575
treated as an improper disposition of assets. An asset held prior	117576
to the transfer to the trust shall be considered as a resource	117577
available to the applicant or recipient, income available to the	117578
applicant or recipient, or both a resource and income available to	117579
the applicant or recipient.	117580

(4) A supplemental services trust that meets the requirements	117581
of section 5815.28 of the Revised Code and to which all of the	117582
following apply:	117583

(a) A person may establish a supplemental services trust	117584
pursuant to section 5815.28 of the Revised Code only for another	117585
person who is eligible to receive services through one of the	117586
following agencies:	117587

(i) The department of developmental disabilities;

117588

(ii) A county board of developmental disabilities;

117589

(iii) The department of ~~mental health~~mental health and	117590
addiction services;	117591

(iv) A board of alcohol, drug addiction, and mental health	117592
services.	117593

(b) A county department of job and family services shall not	117594
determine eligibility for another agency's program. An applicant	117595
or recipient shall do one of the following:	117596

(i) Provide documentation from one of the agencies listed in	117597
division (F)(4)(a) of this section that establishes that the	117598
applicant or recipient was determined to be eligible for services	117599
from the agency at the time of the creation of the trust;	117600

(ii) Provide an order from a court of competent jurisdiction	117601
that states that the applicant or recipient was eligible for	117602
services from one of the agencies listed in division (F)(4)(a) of	117603
this section at the time of the creation of the trust.	117604

(c) At the time the trust is created, the trust principal	117605
does not exceed the maximum amount permitted. The maximum amount	117606
permitted in calendar year 2006 is two hundred twenty-two thousand	117607
dollars. Each year thereafter, the maximum amount permitted is the	117608
prior year's amount plus two thousand dollars.	117609

(d) A county department of job and family services shall	117610
review the trust to determine whether it complies with the	117611
provisions of section 5815.28 of the Revised Code.	117612

(e) Payments from supplemental services trusts shall be	117613
exempt as long as the payments are for supplemental services as	117614
defined in rules adopted ~~by the department of job and family~~	117615
~~services~~under section 5163.02 of the Revised Code. All	117616
supplemental services shall be purchased by the trustee and shall	117617
not be purchased through direct cash payments to the beneficiary.	117618

(f) If a trust is represented as a supplemental services	117619
trust and a county department of job and family services	117620
determines that the trust does not meet the requirements provided	117621
in division (F)(4) of this section and section 5815.28 of the	117622
Revised Code, the county department of job and family services	117623
shall not consider it an exempt trust.	117624

(G)(1) A trust or legal instrument or device similar to a	117625
trust shall be considered a trust established by an individual for	117626
the benefit of the applicant or recipient if all of the following	117627
apply:	117628

(a) The trust is created by a person other than the applicant	117629
or recipient.	117630

(b) The trust names the applicant or recipient as a	117631
beneficiary.	117632

(c) The trust is funded with assets or property in which the	117633
applicant or recipient has never held an ownership interest prior	117634
to the establishment of the trust.	117635

(2) Any portion of a trust that meets the requirements of	117636
division (G)(1) of this section shall be a resource available to	117637
the applicant or recipient only if the trust permits the trustee	117638
to expend principal, corpus, or assets of the trust for the	117639
applicant's or recipient's medical care, care, comfort,	117640
maintenance, health, welfare, general well being, or any	117641
combination of these purposes.	117642

(3) A trust that meets the requirements of division (G)(1) of	117643
this section shall be considered a resource available to the	117644
applicant or recipient even if the trust contains any of the	117645
following types of provisions:	117646

(a) A provision that prohibits the trustee from making	117647
payments that would supplant or replace medicaid or other public	117648
assistance;	117649

(b) A provision that prohibits the trustee from making	117650
payments that would impact or have an effect on the applicant's or	117651
recipient's right, ability, or opportunity to receive medicaid or	117652
other public assistance;	117653

(c) A provision that attempts to prevent the trust or its	117654
corpus or principal from being a resource available to the	117655
applicant or recipient.	117656

(4) A trust that meets the requirements of division (G)(1) of	117657
this section shall not be counted as a resource available to the	117658
applicant or recipient if at least one of the following	117659
circumstances applies:	117660

(a) If a trust contains a clear statement requiring the	117661
trustee to preserve a portion of the trust for another beneficiary	117662
or remainderman, that portion of the trust shall not be counted as	117663
a resource available to the applicant or recipient. Terms of a	117664
trust that grant discretion to preserve a portion of the trust	117665
shall not qualify as a clear statement requiring the trustee to	117666
preserve a portion of the trust.	117667

(b) If a trust contains a clear statement requiring the	117668
trustee to use a portion of the trust for a purpose other than	117669
medical care, care, comfort, maintenance, welfare, or general well	117670
being of the applicant or recipient, that portion of the trust	117671
shall not be counted as a resource available to the applicant or	117672
recipient. Terms of a trust that grant discretion to limit the use	117673
of a portion of the trust shall not qualify as a clear statement	117674
requiring the trustee to use a portion of the trust for a	117675
particular purpose.	117676

(c) If a trust contains a clear statement limiting the	117677
trustee to making fixed periodic payments, the trust shall not be	117678
counted as a resource available to the applicant or recipient and	117679
payments shall be treated in accordance with rules adopted ~~by the~~	117680
~~department of job and family services~~under section 5163.02 of the	117681
Revised Code governing income. Terms of a trust that grant	117682
discretion to limit payments shall not qualify as a clear	117683
statement requiring the trustee to make fixed periodic payments.	117684

(d) If a trust contains a clear statement that requires the	117685
trustee to terminate the trust if it is counted as a resource	117686
available to the applicant or recipient, the trust shall not be	117687
counted as such. Terms of a trust that grant discretion to	117688
terminate the trust do not qualify as a clear statement requiring	117689
the trustee to terminate the trust.	117690

(e) If a person obtains a judgment from a court of competent	117691
jurisdiction that expressly prevents the trustee from using part	117692
or all of the trust for the medical care, care, comfort,	117693
maintenance, welfare, or general well being of the applicant or	117694
recipient, the trust or that portion of the trust subject to the	117695
court order shall not be counted as a resource available to the	117696
applicant or recipient.	117697

(f) If a trust is specifically exempt from being counted as a	117698
resource available to the applicant or recipient by a provision of	117699
the Revised Code, rules, or federal law, the trust shall not be	117700
counted as such.	117701

(g) If an applicant or recipient presents a final judgment	117702
from a court demonstrating that the applicant or recipient was	117703
unsuccessful in a civil action against the trustee to compel	117704
payments from the trust, the trust shall not be counted as a	117705
resource available to the applicant or recipient.	117706

(h) If an applicant or recipient presents a final judgment	117707
from a court demonstrating that in a civil action against the	117708
trustee the applicant or recipient was only able to compel limited	117709
or periodic payments, the trust shall not be counted as a resource	117710
available to the applicant or recipient and payments shall be	117711
treated in accordance with rules adopted ~~by the department of job~~	117712
~~and family services~~under section 5163.02 of the Revised Code	117713
governing income.	117714

(i) If an applicant or recipient provides written	117715
documentation showing that the cost of a civil action brought to	117716
compel payments from the trust would be cost prohibitive, the	117717
trust shall not be counted as a resource available to the	117718
applicant or recipient.	117719

(5) Any actual payments to the applicant or recipient from a	117720
trust that meet the requirements of division (G)(1) of this	117721
section, including trusts that are not counted as a resource	117722
available to the applicant or recipient, shall be treated as	117723
provided in rules adopted ~~by the department of job and family~~	117724
~~services~~under section 5163.02 of the Revised Code governing	117725
income. Payments to any person other than the applicant or	117726
recipient shall not be considered income to the applicant or	117727
recipient. Payments from the trust to a person other than the	117728
applicant or recipient shall not be considered an improper	117729
disposition of assets.	117730

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	117731
that the state has an insurable interest in ~~medical assistance~~	117732
medicaid recipients because of the state's statutory right to	117733
recover from the estate of a recipient state funds used to provide	117734
the recipient with ~~medical care and~~medicaid services.	117735

(B) As used in this section:

117736

(1) "Beneficiary" means the person or entity designated in a	117737
life insurance policy to receive the proceeds of the policy on the	117738
death of the insured or maturity of the policy.	117739

(2) "Owner" means the person who has the right to designate	117740
the beneficiary of a life insurance policy and to change the	117741
designation.	117742

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	117743
The value of a life insurance policy that would otherwise be	117744
considered a resource in determining eligibility for the ~~medical~~	117745
~~assistance~~medicaid program shall be excluded from any	117746
determination of a person's eligibility for the ~~medical assistance~~	117747
medicaid program if the owner designates the department of ~~job and~~	117748
~~family services~~medicaid as beneficiary of the policy. The	117749
department may pay premiums to keep the policy in force. Premiums	117750
paid by the department are ~~medical assistance~~medicaid payments	117751
correctly paid on behalf of a ~~medical assistance~~medicaid	117752
recipient and subject to recovery under section ~~5111.11~~5162.21 of	117753
the Revised Code.	117754

(D) The medicaid director ~~of job and family services~~ shall	117755
deposit the proceeds of a life insurance policy that do not exceed	117756
the amount the department may recover against the property and	117757
estate of the owner under section ~~5111.11~~5162.21 of the Revised	117758
Code into the general revenue fund. The director shall pay any	117759
remaining proceeds to the person designated by the owner. If the	117760
owner failed to designate a person, the director shall pay the	117761
remaining proceeds to the surviving spouse, or, if there is no	117762
surviving spouse, to the estate of the owner.	117763

(E) If the owner designates the department of ~~job and family~~	117764
~~services~~medicaid as the policy's beneficiary, the department	117765
shall notify the owner that the owner may designate a person to	117766
receive proceeds of the policy that exceed the amount the	117767
department may recover against the owner's property and estate	117768
under section ~~5111.11~~5162.21 of the Revised Code. The designation	117769
shall be made on a form provided by the department.	117770

~~(F) The department of job and family services shall not~~	117771
~~implement this section if implementation would violate any federal~~	117772
~~requirement unless the department receives a waiver of the~~	117773
~~requirement from the United States department of health and human~~	117774
~~services.~~	117775

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

117776

(1) "Assets" include all of an individual's income and	117777
resources and those of the individual's spouse, including any	117778
income or resources the individual or spouse is entitled to but	117779
does not receive because of action by any of the following:	117780

(a) The individual or spouse;

117781

(b) A person or government entity, including a court or	117782
administrative agency, with legal authority to act in place of or	117783
on behalf of the individual or spouse;	117784

(c) A person or government entity, including a court or	117785
administrative agency, acting at the direction or on the request	117786
of the individual or spouse.	117787

(2) "Home and community-based services" means home and	117788
community-based services furnished under a medicaid waiver granted	117789
by the United States secretary of health and human services under	117790
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	117791
1396n(c) or (d).	117792

(3) "Institutionalized individual" means a resident of a	117793
nursing facility, an inpatient in a medical institution for whom a	117794
payment is made based on a level of care provided in a nursing	117795
facility, or an individual described in the "Social Security Act,"	117796
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	117797

(4) "Look-back date" means the date that is a number of	117798
months specified in rules adopted under section ~~5111.011~~5163.02	117799
of the Revised Code immediately before either of the following:	117800

(a) The date an individual becomes an institutionalized	117801
individual if the individual is eligible for medicaid on that	117802
date;	117803

(b) The date an individual applies for medicaid while an	117804
institutionalized individual.	117805

(5) ~~"Nursing facility" has the same meaning as in section~~	117806
~~5111.20 of the Revised Code.~~	117807

~~(6)~~ "Nursing facility equivalent services" means services	117808
that are covered by the medicaid program, equivalent to nursing	117809
facility services, provided by an institution that provides the	117810
same level of care as a nursing facility, and provided to an	117811
inpatient of the institution who is a medicaid recipient eligible	117812
for medicaid-covered nursing facility equivalent services.	117813

~~(7) "Nursing facility services" means nursing facility~~	117814
~~services covered by the medicaid program that a nursing facility~~	117815
~~provides to a resident of the nursing facility who is a medicaid~~	117816
~~recipient eligible for medicaid-covered nursing facility services.~~	117817

~~(8)~~(6) "Undue hardship" means being deprived of either of the	117818
following:	117819

(a) Medical care such that an individual's health or life is	117820
endangered;	117821

(b) Food, clothing, shelter, or other necessities of life.

117822

(B) Except as provided in division (C) of this section and	117823
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	117824
an institutionalized individual is ineligible for nursing facility	117825
services, nursing facility equivalent services, and home and	117826
community-based services if the individual or individual's spouse	117827
disposes of assets for less than fair market value on or after the	117828
look-back date. The institutionalized individual's ineligibility	117829
shall begin on a date determined in accordance with rules adopted	117830
under section ~~5111.011~~5163.02 of the Revised Code and shall	117831
continue for a number of months determined in accordance with such	117832
rules.	117833

(C) An institutionalized individual may be granted a waiver	117834
of all or a portion of the period of ineligibility to which the	117835
individual would otherwise be subjected under division (B) of this	117836
section if the ineligibility would cause an undue hardship for the	117837
individual. An institutionalized individual shall be granted a	117838
waiver of all or a portion of the period of ineligibility if the	117839
administrator of the nursing facility in which the individual	117840
resides has notified the individual of a proposed transfer or	117841
discharge under section 3721.16 of the Revised Code due to failure	117842
to pay for the care the nursing facility has provided to the	117843
individual, the individual or the individual's sponsor requests a	117844
hearing on the proposed transfer or discharge in accordance with	117845
section 3721.161 of the Revised Code, and the transfer or	117846
discharge is upheld by a final determination that is not subject	117847
to further appeal. Waivers shall be granted in accordance with	117848
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	117849

(D) To secure compliance with this section, the medicaid	117850
director ~~of job and family services~~ may require an individual, as	117851
a condition of initial or continued eligibility for medicaid, to	117852
provide documentation of the individual's assets up to five years	117853
before the date the individual becomes an institutionalized	117854
individual if the individual is eligible for medicaid on that date	117855
or the date the individual applies for medicaid while an	117856
institutionalized individual. Documentation may include tax	117857
returns, records from financial institutions, and real property	117858
records.	117859

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	117860
~~section 5111.0118 of the Revised Code:~~	117861

~~(1) "ICF/MR services" means intermediate care facility for~~	117862
~~the mentally retarded services covered by the medicaid program~~	117863
~~that an intermediate care facility for the mentally retarded~~	117864
~~provides to a resident of the facility who is a medicaid recipient~~	117865
~~eligible for medicaid-covered intermediate care facility for the~~	117866
~~mentally retarded services.~~	117867

~~(2) "Intermediate care facility for the mentally retarded"~~	117868
~~has the same meaning as in section 5111.20 of the Revised Code.~~	117869

~~(3) "Nursing facility" has the same meaning as in section~~	117870
~~5111.20 of the Revised Code.~~	117871

~~(4) "Nursing facility services" means nursing facility~~	117872
~~services covered by the medicaid program that a nursing facility~~	117873
~~provides to a resident of the nursing facility who is a medicaid~~	117874
~~recipient eligible for medicaid-covered nursing facility services.~~	117875

~~(5) "Other medicaid-funded long-term care services" has the~~	117876
~~meaning specified in rules adopted under section 5111.011 of the~~	117877
~~Revised Code.~~	117878

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	117879
for the purpose of determining whether an aged, blind, or disabled	117880
individual is eligible for nursing facility services, ~~ICF/MR~~	117881
ICF/IID services, or other medicaid-funded long-term care	117882
services, the medicaid director ~~of job and family services~~ may	117883
consider an aged, blind, or disabled individual's real property to	117884
not be the individual's homestead or principal place of residence	117885
once the individual has resided in a nursing facility,	117886
~~intermediate care facility for the mentally retarded~~ICF/IID, or	117887
other medical institution for at least thirteen months.	117888

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	117889
individual if any of the following reside in the individual's real	117890
property that, because of this division, continues to be	117891
considered the individual's homestead or principal place of	117892
residence:	117893

(1) The individual's spouse;

117894

(2) The individual's child if any of the following apply:

117895

(a) The child is under twenty-one years of age.

117896

(b) The child is considered blind or disabled under the	117897
"Social Security Act," section 1614, 42 U.S.C. 1382c.	117898

(c) The child is financially dependent on the individual for	117899
housing as determined in accordance with rules adopted under	117900
section ~~5111.011~~5163.02 of the Revised Code.	117901

(3) The individual's sibling if the sibling has a verified	117902
equity interest in the real property and resided in the real	117903
property for at least one year immediately before the date the	117904
individual was admitted to the nursing facility, ~~intermediate care~~	117905
~~facility for the mentally retarded~~ICF/IID, or other medical	117906
institution.	117907

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	117908
this section, no individual shall qualify for nursing facility	117909
services or other medicaid-funded long-term care services if the	117910
individual's equity interest in the individual's home exceeds five	117911
hundred thousand dollars. The medicaid director ~~of job and family~~	117912
~~services~~ shall increase this amount effective January 1, 2011, and	117913
the first day of each year thereafter, by the percentage increase	117914
in the consumer price index for all urban consumers (all items;	117915
United States city average), rounded to the nearest one thousand	117916
dollars.	117917

(B) This section does not apply to an individual if either of	117918
the following applies:	117919

(1) Either of the following lawfully reside in the	117920
individual's home:	117921

(a) The individual's spouse;

117922

(b) The individual's child if the child is under twenty-one	117923
years of age or, under the "Social Security Act," section 1614, 42	117924
U.S.C. 1382c, considered blind or disabled.	117925

(2) The individual qualifies, pursuant to the process	117926
established under division (C) of this section, for a waiver of	117927
this section due to a demonstrated hardship.	117928

(C) The director shall establish a process by which	117929
individuals may obtain a waiver of this section due to a	117930
demonstrated hardship. The process shall be consistent with the	117931
process for such waivers established by the United States	117932
secretary of health and human services under the "Social Security	117933
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	117934

(D) Nothing in this section shall be construed as preventing	117935
an individual from using a reverse mortgage or home equity loan to	117936
reduce the individual's total equity interest in the home.	117937

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	117938
~~facility" and "intermediate care facility for the mentally~~	117939
~~retarded" have the same meanings as in section 5111.20 of the~~	117940
~~Revised Code.~~	117941

(A) In determining the amount of income that a medicaid	117942
recipient ~~of medical assistance~~ must apply monthly toward payment	117943
of the cost of care in a nursing facility or ~~intermediate care~~	117944
~~facility for the mentally retarded~~ICF/IID, ~~the~~a county	117945
department of job and family services shall deduct from the	117946
recipient's monthly income a monthly personal needs allowance in	117947
accordance with ~~section 1902 of~~ the "Social Security Act," 49	117948
~~Stat. 620 (1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~	117949
1396a(q).	117950

~~For~~(B) In the case of a resident of a nursing facility, the	117951
monthly personal needs allowance shall be as follows:	117952

(1) Prior to January 1, 2014, not less than forty dollars for	117953
an individual resident and not less than eighty dollars for a	117954
married couple if both spouses are residents of a nursing facility	117955
and their incomes are considered available to each other in	117956
determining eligibility;	117957

(2) For calendar year 2014, not less than forty-five dollars	117958
for an individual resident and not less than ninety dollars for a	117959
married couple if both spouses are residents of a nursing facility	117960
and their incomes are considered available to each other in	117961
determining eligibility;	117962

(3) For calendar year 2015 and each calendar year thereafter,	117963
not less than fifty dollars for an individual resident and not	117964
less than one hundred dollars for a married couple if both spouses	117965
are residents of a nursing facility and their incomes are	117966
considered available to each other in determining eligibility.	117967

~~For~~(C) In the case of a resident of an ~~intermediate care~~	117968
~~facility for the mentally retarded~~ICF/IID, the monthly personal	117969
needs allowance shall be forty dollars unless the resident has	117970
earned income, in which case the monthly personal needs allowance	117971
shall be determined by the ~~state~~ department of ~~job and family~~	117972
~~services~~medicaid, or the department's designee, but shall not	117973
exceed one hundred five dollars.	117974

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	117975
~~assistance to pregnant women and young children who are eligible~~	117976
~~for medical assistance under division (C)(3) of section 5111.01 of~~	117977
~~the Revised Code, but who are not otherwise eligible for medical~~	117978
~~assistance under that section, shall be known as the healthy start~~	117979
~~program.~~	117980

~~(B)~~ The department of ~~job and family services~~medicaid shall	117981
do all of the following with regard to the application procedures	117982
for the healthy start component of the medicaid program:	117983

(1) Establish a short application form for the ~~program~~	117984
component that requires the applicant to provide no more	117985
information than is necessary for making determinations of	117986
eligibility for the ~~healthy start program~~component, except that	117987
the form may require applicants to provide their social security	117988
numbers. The form shall include a statement, which must be signed	117989
by the applicant, indicating that she does not choose at the time	117990
of making application for the ~~program~~component to apply for	117991
assistance provided under any other program administered by the	117992
department or the department of job and family services and that	117993
she understands that she is permitted at any other time to apply	117994
at the county department of job and family services of the county	117995
in which she resides for ~~any~~ other assistance administered by the	117996
department or the department of job and family services.	117997

(2) ~~To the extent permitted by federal law, do~~Do one or both	117998
of the following:	117999

(a) Distribute the application form for the ~~program~~component	118000
to each public or private entity that serves as a women, infants,	118001
and children clinic or as a child and family health clinic and to	118002
each administrative body for such clinics and train employees of	118003
each such ~~agency~~clinic or ~~entity~~administrative body to provide	118004
applicants assistance in completing the form;	118005

(b) In cooperation with the department of health, develop	118006
arrangements under which employees of county departments of job	118007
and family services are stationed at public or private ~~agencies or~~	118008
entities selected by the department of ~~job and family services~~	118009
medicaid that serve as women, infants, and children clinics; child	118010
and family health clinics; or administrative bodies for such	118011
clinics for the purpose both of assisting applicants for the	118012
~~program~~component in completing the application form and of making	118013
determinations at that location of eligibility for the ~~program~~	118014
component.	118015

(3) Establish performance standards by which a county	118016
department of job and family services' level of enrollment of	118017
persons potentially eligible for the ~~program~~component can be	118018
measured, and establish acceptable levels of enrollment for each	118019
county department.	118020

(4) Direct any county department of job and family services	118021
whose rate of enrollment of potentially eligible enrollees in the	118022
~~program~~component is below acceptable levels established under	118023
division ~~(B)~~(A)(3) of this section to implement corrective	118024
action. Corrective action may include but is not limited to any	118025
one or more of the following ~~to the extent permitted by federal~~	118026
~~law~~:	118027

(a) Establishing formal referral and outreach methods with	118028
local health departments and local entities receiving funding	118029
through the bureau of maternal and child health;	118030

(b) Designating a specialized intake unit within the county	118031
department for healthy start applicants;	118032

(c) Establishing abbreviated timeliness requirements to	118033
shorten the time between receipt of an application and the	118034
scheduling of an initial application interview;	118035

(d) Establishing a system for telephone scheduling of intake	118036
interviews for applicants;	118037

(e) Establishing procedures to minimize the time an applicant	118038
must spend in completing the application and eligibility	118039
determination process, including permitting applicants to complete	118040
the process at times other than the regular business hours of the	118041
county department and at locations other than the offices of the	118042
county department.	118043

~~(C) To the extent permitted by federal law, local funds,~~	118044
~~whether from public or private sources, expended by a county~~	118045
~~department for administration of the healthy start program shall~~	118046
~~be considered to have been expended by the state for the purpose~~	118047
~~of determining the extent to which the state has complied with any~~	118048
~~federal requirement that the state provide funds to match federal~~	118049
~~funds for medical assistance, except that this division shall not~~	118050
~~affect the amount of funds the county is entitled to receive under~~	118051
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	118052

~~(D)~~(B) A county department of job and family services that	118053
maintains offices at more than one location shall accept	118054
applications for the healthy start ~~program~~component at all of	118055
those locations.	118056

~~(E) The director of job and family services shall adopt rules~~	118057
~~in accordance with section 111.15 of the Revised Code as necessary~~	118058
~~to implement this section.~~	118059

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	118060
subject to division (A)(2) of this section, "state or local	118061
correctional facility" means any of the following:	118062

(a) A "state correctional institution," as defined in section	118063
2967.01 of the Revised Code;	118064

(b) A "local correctional facility," as defined in section	118065
2903.13 of the Revised Code;	118066

(c) A correctional facility that is privately operated and	118067
managed pursuant to section 9.06 of the Revised Code.	118068

(2) "State or local correctional facility" does not include	118069
any facility operated directly by or at the direction of the	118070
department of youth services.	118071

(B) If a person who is confined in a state or local	118072
correctional facility was a medicaid recipient immediately prior	118073
to being confined in the facility, all of the following apply:	118074

(1) The person's eligibility for medicaid while so confined	118075
shall be suspended due to the confinement.	118076

(2) No medicaid payment shall be made for any care, services,	118077
or supplies provided to the person during the suspension described	118078
in division (B)(1) of this section.	118079

(3) The suspension described in division (B)(1) of this	118080
section shall end upon the release of the person from the	118081
confinement.	118082

(4) Except as provided in division (C) of this section, the	118083
person shall not be required to reapply or undergo a	118084
redetermination of eligibility for medicaid when the suspension	118085
described in division (B)(1) of this section ends.	118086

(C) A person may be disenrolled from medicaid any time after	118087
the suspension described in division (B)(1) of this section ends	118088
if the person is no longer eligible for medicaid. A person may be	118089
required to undergo a redetermination of eligibility for medicaid	118090
any time after the suspension described in division (B)(1) of this	118091
section ends if it is time or past time for the person's	118092
eligibility redetermination or the person's circumstances have	118093
changed in a manner warranting a redetermination.	118094

~~(D) The department of job and family services shall take the~~	118095
~~steps necessary to begin implementation of this section not later~~	118096
~~than September 1, 2009.~~	118097

Sec. 5164.01. As used in this chapter:

118098

(A) "Early and periodic screening, diagnostic, and treatment	118099
services" has the same meaning as in the "Social Security Act,"	118100
section 1905(r), 42 U.S.C. 1396d(r).	118101

(B) "Federal financial participation" has the same meaning as	118102
in section 5160.01 of the Revised Code.	118103

(C) "Healthcheck" means the component of the medicaid program	118104
that provides early and periodic screening, diagnostic, and	118105
treatment services.	118106

(D) "Home and community-based services medicaid waiver	118107
component" has the same meaning as in section 5166.01 of the	118108
Revised Code.	118109

(E) "Hospital" has the same meaning as in section 3727.01 of	118110
the Revised Code.	118111

(F) "ICDS participant" means a dual eligible individual who	118112
participates in the integrated care delivery system.	118113

(G) "ICF/IID" has the same meaning as in section 5124.01 of	118114
the Revised Code.	118115

(H) "Integrated care delivery system" and "ICDS" mean the	118116
demonstration project authorized by section 5164.91 of the Revised	118117
Code.	118118

(I) "Mandatory services" means the health care services and	118119
items that must be covered by the medicaid state plan as a	118120
condition of the state receiving federal financial participation	118121
for the medicaid program.	118122

(J) "Medicaid managed care organization" has the same meaning	118123
as in section 5167.01 of the Revised Code.	118124

(K) "Medicaid provider" means a person or government entity	118125
with a valid provider agreement to provide medicaid services to	118126
medicaid recipients. To the extent appropriate in the context,	118127
"medicaid provider" includes a person or government entity	118128
applying for a provider agreement, a former medicaid provider, or	118129
both.	118130

(L) "Medicaid services" means either or both of the	118131
following:	118132

(1) Mandatory services;

118133

(2) Optional services that the medicaid program covers.

118134

(M) "Nursing facility" has the same meaning as in section	118135
5165.01 of the Revised Code.	118136

(N) "Optional services" means the health care services and	118137
items that may be covered by the medicaid state plan or a federal	118138
medicaid waiver and for which the medicaid program receives	118139
federal financial participation.	118140

(O) "Prescribed drug" has the same meaning as in 42 C.F.R.	118141
440.120.	118142

(P) "Provider agreement" means an agreement to which all of	118143
the following apply:	118144

(1) It is between a medicaid provider and the department of	118145
medicaid;	118146

(2) It provides for the medicaid provider to provide medicaid	118147
services to medicaid recipients;	118148

(3) It complies with 42 C.F.R. 431.107(b).

118149

(Q) "Terminal distributor of dangerous drugs" has the same	118150
meaning as in section 4729.01 of the Revised Code.	118151

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	118152
~~services shall adopt, and may amend or rescind, rules under~~	118153
medicaid director shall adopt rules as necessary to implement this	118154
chapter. The rules shall be adopted in accordance with Chapter	118155
119. of the Revised Code ~~establishing the amount, duration, and~~	118156
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	118157
~~federal and state law. The rules may be different for different~~	118158
~~medicaid services. The~~	118159

(B) The rules shall establish all of the following:

118160

~~(A) The conditions under which the medicaid program shall~~	118161
~~cover and reimburse medicaid services;~~	118162

~~(B) The method of reimbursement applicable to each medicaid~~	118163
~~service~~(1) The amount, duration, and scope of the medicaid	118164
services covered by the medicaid program;	118165

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	118166
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	118167
method by which ~~amounts are~~the payment amount is to be determined	118168
for each medicaid service;	118169

~~(D)~~(3) Procedures for enforcing the rules adopted under this	118170
section that provide due process protections, including procedures	118171
for corrective action plans for, and imposing financial and	118172
administrative sanctions on, persons and government entities that	118173
violate the rules.	118174

(C) The rules may be different for different medicaid	118175
services.	118176

(D) The medicaid director is not required to adopt a rule	118177
establishing the payment amount for a medicaid service if the	118178
director adopts a rule establishing the method by which the	118179
payment amount is to be determined for the medicaid service and	118180
makes the payment amount available on the internet web site	118181
maintained by the department of medicaid.	118182

Sec. 5164.03. (A) The medicaid program shall cover all	118183
mandatory services.	118184

(B) The medicaid program shall cover all of the optional	118185
services that state statutes require the medicaid program to	118186
cover.	118187

(C) The medicaid program may cover any of the optional	118188
services to which either of the following applies:	118189

(1) State statutes expressly permit the medicaid program to	118190
cover the optional service;	118191

(2) State statutes do not address whether the medicaid	118192
program may cover the optional service.	118193

(D) The medicaid program shall not cover any optional	118194
services that state statutes prohibit the medicaid program from	118195
covering.	118196

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

118197

(1) "Outpatient health facility" means a facility that	118198
provides comprehensive primary health services by or under the	118199
direction of a physician at least five days per week on a	118200
forty-hour per week basis to outpatients, is operated by the board	118201
of health of a city or general health district or another public	118202
agency or by a nonprofit private agency or organization under the	118203
direction and control of a governing board that has no	118204
health-related responsibilities other than the direction and	118205
control of one or more such outpatient health facilities, and	118206
receives at least seventy-five per cent of its operating funds	118207
from public sources, except that it does not include an outpatient	118208
hospital facility or a federally qualified health center as	118209
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	118210
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	118211
1396d(l)(2)(B).	118212

(2) "Comprehensive primary health services" means preventive,	118213
diagnostic, therapeutic, rehabilitative, or palliative items or	118214
services that include all of the following:	118215

(a) Services of physicians, physician assistants, and	118216
certified nurse practitioners;	118217

(b) Diagnostic laboratory and radiological services;

118218

(c) Preventive health services, such as children's eye and	118219
ear examinations, perinatal services, well child services, and	118220
family planning services;	118221

(d) Arrangements for emergency medical services;

118222

(e) Transportation services.

118223

(3) "Certified nurse practitioner" has the same meaning as in	118224
section 4723.01 of the Revised Code.	118225

(B) ~~Outpatient~~Subject to division (C) of this section, the	118226
medicaid program shall cover comprehensive primary health services	118227
provided by outpatient health facilities ~~are a separate category~~	118228
~~of medical care provider under the rules governing the~~	118229
~~administration of the medical assistance program established under~~	118230
~~section 5111.01 of the Revised Code~~with valid provider	118231
agreements. ~~Rates of reimbursement for items and services provided~~	118232
~~by an outpatient health facility under this section shall be~~	118233
~~prospectively determined by the~~The department of ~~job and family~~	118234
~~services~~medicaid shall prospectively determine the medicaid	118235
payment rates for such comprehensive primary health services not	118236
less often than once each year,. The rates shall not be subject to	118237
retroactive adjustment based on actual costs incurred~~, and~~. The	118238
rates shall not exceed the maximum fee schedule or rates of	118239
payment, limitations based on reasonable costs or customary	118240
charges, and limitations based on combined payments received for	118241
furnishing comparable services, as are applicable to outpatient	118242
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	118243
medicare program." In determining ~~rates of reimbursement~~an	118244
outpatient health facility's rate prospectively, the department	118245
shall take into account the historic expenses of the facility, the	118246
operating requirements and services offered by the facility, and	118247
the geographical location of the facility, shall provide	118248
incentives for the efficient and economical utilization of the	118249
facility's resources, and shall ensure that the facility does not	118250
discriminate between classes of persons for whom or by whom	118251
payment for ~~items and~~the services is made.	118252

(C) AAn outpatient health facility does not qualify for	118253
~~classification as an outpatient health facility~~medicaid payments	118254
under this section unless it:	118255

(1) Has health and medical care policies developed with the	118256
advice of and subject to review by an advisory committee of	118257
professional personnel, including one or more physicians, one or	118258
more dentists if dental care is provided, and one or more	118259
registered nurses;	118260

(2) Has a medical director, a dental director, if dental care	118261
is provided, and a nursing director responsible for the execution	118262
of such policies, and has physicians, dentists, nursing, and	118263
ancillary staff appropriate to the scope of services provided;	118264

(3) Requires that the care of every patient be under the	118265
supervision of a physician, provides for medical care in case of	118266
emergency, has in effect a written agreement with one or more	118267
hospitals and one or more other outpatient facilities, and has an	118268
established system for the referral of patients to other resources	118269
and a utilization review plan and program;	118270

(4) Maintains clinical records on all patients;

118271

(5) Provides nursing services and other therapeutic services	118272
in compliance with applicable laws and rules and under the	118273
supervision of a registered nurse, and has a registered nurse on	118274
duty at all times when the facility is in operation;	118275

(6) Follows approved methods and procedures for the	118276
dispensing and administration of drugs and biologicals;	118277

(7) Maintains the accounting and record-keeping system	118278
required under federal laws and regulations for the determination	118279
of reasonable and allowable costs.	118280

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	118281
occupational therapy services provided by an occupational	118282
therapist licensed under section 4755.08 of the Revised Code.	118283
Coverage shall not be limited to services provided in a hospital	118284
or nursing facility. Any licensed occupational therapist may enter	118285
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	118286
~~family services~~medicaid to provide occupational therapy services	118287
under the medicaid program.	118288

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	118289
~~assistance under this chapter~~medicaid program shall include	118290
coverage of inpatient care and follow-up care for a mother and her	118291
newborn as follows:	118292

(1) The ~~medical assistance~~ medicaid program shall cover a	118293
minimum of forty-eight hours of inpatient care following a normal	118294
vaginal delivery and a minimum of ninety-six hours of inpatient	118295
care following a cesarean delivery. Services covered as inpatient	118296
care shall include medical, educational, and any other services	118297
that are consistent with the inpatient care recommended in the	118298
protocols and guidelines developed by national organizations that	118299
represent pediatric, obstetric, and nursing professionals.	118300

(2) The ~~medical assistance~~medicaid program shall cover a	118301
physician-directed source of follow-up care. Services covered as	118302
follow-up care shall include physical assessment of the mother and	118303
newborn, parent education, assistance and training in breast or	118304
bottle feeding, assessment of the home support system, performance	118305
of any medically necessary and appropriate clinical tests, and any	118306
other services that are consistent with the follow-up care	118307
recommended in the protocols and guidelines developed by national	118308
organizations that represent pediatric, obstetric, and nursing	118309
professionals. The coverage shall apply to services provided in a	118310
medical setting or through home health care visits. The coverage	118311
shall apply to a home health care visit only if the health care	118312
professional who conducts the visit is knowledgeable and	118313
experienced in maternity and newborn care.	118314

When a decision is made in accordance with division (B) of	118315
this section to discharge a mother or newborn prior to the	118316
expiration of the applicable number of hours of inpatient care	118317
required to be covered, the coverage of follow-up care shall apply	118318
to all follow-up care that is provided within forty-eight hours	118319
after discharge. When a mother or newborn receives at least the	118320
number of hours of inpatient care required to be covered, the	118321
coverage of follow-up care shall apply to follow-up care that is	118322
determined to be medically necessary by the health care	118323
professionals responsible for discharging the mother or newborn.	118324

(B) Any decision to shorten the length of inpatient stay to	118325
less than that specified under division (A)(1) of this section	118326
shall be made by the physician attending the mother or newborn,	118327
except that if a nurse-midwife is attending the mother in	118328
collaboration with a physician, the decision may be made by the	118329
nurse-midwife. Decisions regarding early discharge shall be made	118330
only after conferring with the mother or a person responsible for	118331
the mother or newborn. For purposes of this division, a person	118332
responsible for the mother or newborn may include a parent,	118333
guardian, or any other person with authority to make medical	118334
decisions for the mother or newborn.	118335

(C) The department of ~~job and family services~~medicaid, in	118336
administering the ~~medical assistance~~medicaid program, may not do	118337
either of the following:	118338

(1) Terminate the ~~participation~~provider agreement of a	118339
health care professional or health care facility ~~as a provider~~	118340
~~under the program~~ solely for making recommendations for inpatient	118341
or follow-up care for a particular mother or newborn that are	118342
consistent with the care required to be covered by this section;	118343

(2) Establish or offer monetary or other financial incentives	118344
for the purpose of encouraging a person to decline the inpatient	118345
or follow-up care required to be covered by this section.	118346

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

118347

(1) Require the ~~medical assistance~~medicaid program to cover	118348
inpatient or follow-up care that is not received in accordance	118349
with the program's terms pertaining to the health care	118350
professionals and facilities from which ~~an individual~~a medicaid	118351
recipient is authorized to receive health care services.	118352

(2) Require a mother or newborn to stay in a hospital or	118353
other inpatient setting for a fixed period of time following	118354
delivery;	118355

(3) Require a child to be delivered in a hospital or other	118356
inpatient setting;	118357

(4) Authorize a nurse-midwife to practice beyond the	118358
authority to practice nurse-midwifery in accordance with Chapter	118359
4723. of the Revised Code;	118360

(5) Establish minimum standards of medical diagnosis, care,	118361
or treatment for inpatient or follow-up care for a mother or	118362
newborn. A deviation from the care required to be covered under	118363
this section shall not, on the basis of this section, give rise to	118364
a medical claim or derivative medical claim, as those terms are	118365
defined in section 2305.113 of the Revised Code.	118366

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	118367
"screening mammography" means a radiologic examination utilized to	118368
detect unsuspected breast cancer at an early stage in asymptomatic	118369
women and includes the x-ray examination of the breast using	118370
equipment that is dedicated specifically for mammography,	118371
including the x-ray tube, filter, compression device, screens,	118372
film, and cassettes, and that has an average radiation exposure	118373
delivery of less than one rad mid-breast. "Screening mammography"	118374
includes two views for each breast. The term also includes the	118375
professional interpretation of the film.	118376

"Screening mammography" does not include diagnostic	118377
mammography.	118378

(B) ~~In addition to any other services required to be included~~	118379
~~in the program or for which federal approval is received, the~~	118380
~~medical assistance~~The medicaid program shall ~~include~~cover both	118381
of the following ~~if approval for use of federal funds is granted~~	118382
~~to the department by the federal agency responsible for~~	118383
~~distributing funds under Title XIX of the "Social Security Act,"~~	118384
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	118385

(1) ~~Effective July 1, 1993, screening~~Screening mammography	118386
to detect the presence of breast cancer in adult women;	118387

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	118388
for the presence of cervical cancer.	118389

(C) The ~~service provided under~~medicaid program's coverage of	118390
screening mammography pursuant to division (B)(1) of this section	118391
shall be provided in accordance with all of the following:	118392

(1) If a woman is at least thirty-five years of age but under	118393
forty years of age, one screening mammography;	118394

(2) If a woman is at least forty years of age but under fifty	118395
years of age, either of the following:	118396

(a) One screening mammography every two years;

118397

(b) If a licensed physician has determined that the woman has	118398
risk factors to breast cancer, one screening mammography every	118399
year.	118400

(3) If a woman is at least fifty years of age but under	118401
sixty-five years of age, one screening mammography every year.	118402

(D) The ~~service provided under~~medicaid program's coverage of	118403
screening mammographies pursuant to division (B)(1) of this	118404
section shall be provided only for screening mammographies that	118405
are performed in a facility or mobile mammography screening unit	118406
that is accredited under the American college of radiology	118407
mammography accreditation program or in a hospital as defined in	118408
section 3727.01 of the Revised Code.	118409

(E) The ~~service provided under~~medicaid program's coverage of	118410
cytologic screenings pursuant to division (B)(2) of this section	118411
shall be provided only for cytologic screenings that are processed	118412
and interpreted in a laboratory certified by the college of	118413
American pathologists or in a hospital as defined in section	118414
3727.01 of the Revised Code.	118415

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

118416

(1) "Community mental health ~~agency~~services provider or	118417
facility" means a community mental health ~~agency~~services provider	118418
or facility that has its community mental health services	118419
certified by the department of ~~mental health~~mental health and	118420
addiction services under section ~~5119.611~~5119.36 of the Revised	118421
Code or by the department of job and family services under section	118422
5103.03 of the Revised Code.	118423

(2) "Mental health professional" means a person qualified to	118424
work with mentally ill persons under the standards established by	118425
the director of ~~mental health~~mental health and addiction services	118426
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	118427

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	118428
cover the following mental health services when provided by	118429
community mental health ~~agencies~~services providers or facilities:	118430

(1) Outpatient mental health services, including, but not	118431
limited to, preventive, diagnostic, therapeutic, rehabilitative,	118432
and palliative interventions rendered to individuals in an	118433
individual or group setting by a mental health professional in	118434
accordance with a plan of treatment appropriately established,	118435
monitored, and reviewed;	118436

(2) Partial-hospitalization mental health services rendered	118437
by persons directly supervised by a mental health professional;	118438

(3) Unscheduled, emergency mental health services of a kind	118439
ordinarily provided to persons in crisis when rendered by persons	118440
supervised by a mental health professional;	118441

(4) ~~Subject to receipt of federal approval, assertive~~	118442
Assertive community treatment and intensive home-based mental	118443
health services.	118444

(C) The department of ~~job and family services~~medicaid shall	118445
enter into a separate contract with the department of ~~mental~~	118446
~~health~~mental health and addiction services under section ~~5111.91~~	118447
5162.35 of the Revised Code with regard to the ~~component of~~mental	118448
health services the medicaid program ~~provided for by~~covers	118449
pursuant to this section.	118450

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	118451
~~prescription drug services to medicaid recipients, the~~The	118452
medicaid program shall not ~~provide reimbursement for prescription~~	118453
cover prescribed drugs for treatment of erectile dysfunction.	118454

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	118455
disabilities and ~~job and family services~~medicaid may approve,	118456
reduce, deny, or terminate a medicaid service included in the	118457
individualized service plan developed for a medicaid recipient	118458
with mental retardation or other developmental disability who is	118459
eligible for medicaid case management services. If either	118460
department approves, reduces, denies, or terminates a service,	118461
that department shall timely notify the medicaid recipient that	118462
the recipient may ~~request a hearing under~~appeal pursuant to	118463
section ~~5101.35~~5160.31 of the Revised Code.	118464

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	118465
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	118466
~~Revised Code.~~	118467

~~(B)~~ The department of ~~job and family services~~medicaid shall	118468
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	118469
~~establishing~~establish a combination of written and oral methods	118470
designed to provide information about healthcheck to all persons	118471
eligible for the program or their parents or guardians. The	118472
department shall ensure that its methods of providing information	118473
are effective. ~~The methods shall comply with federal law and~~	118474
~~regulations.~~	118475

Each ~~county department of job and family services or other~~	118476
entity that distributes or accepts applications for ~~medical~~	118477
~~assistance~~medicaid shall prominently display a notice that	118478
complies with the ~~rules adopted~~methods of providing information	118479
about healthcheck established under this ~~division~~section.	118480

Sec. 5164.30. No person or government entity may participate	118481
in the medicaid program as a medicaid provider without a valid	118482
provider agreement with the department of medicaid.	118483

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	118484
practice" has the same meaning as in section 4731.65 of the	118485
Revised Code.	118486

(B) The department of ~~job and family services~~medicaid shall	118487
establish a process by which a physician assistant may enter into	118488
a ~~medicaid~~ provider agreement.	118489

(C)(1) Subject to division (C)(2) of this section, a claim	118490
for ~~reimbursement~~medicaid payment for a medicaid service provided	118491
by a physician assistant to a medicaid recipient may be submitted	118492
by the physician assistant who provided the service or the	118493
physician, group practice, clinic, or other health care facility	118494
that employs the physician assistant.	118495

(2) A claim for ~~reimbursement~~medicaid payment may be	118496
submitted by the physician assistant who provided the service only	118497
if the physician assistant has a valid provider agreement. When	118498
submitting the claim, the physician assistant shall use only the	118499
medicaid provider number the department has assigned to the	118500
physician assistant.	118501

~~(D) The director of job and family services may adopt rules~~	118502
~~under section 5111.02 of the Revised Code to implement this~~	118503
~~section.~~	118504

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	118505
necessary to pay the expenses of implementing the provider	118506
screening requirements of subpart E of 42 C.F.R. Part 455 and	118507
except as provided in division (B) of this section, the department	118508
of ~~job and family services~~medicaid shall ~~charge~~collect an	118509
application fee tofrom a medicaid provider ~~seeking to enter into~~	118510
~~or renew a medicaid provider agreement, unless the provider is~~	118511
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	118512
before doing any of the following:	118513

(1) Entering into a provider agreement with a medicaid	118514
provider that seeks initial enrollment as a provider;	118515

(2) Entering into a provider agreement with a former medicaid	118516
provider that seeks re-enrollment as a provider;	118517

(3) Revalidating a medicaid provider's continued enrollment	118518
as a provider. ~~The~~	118519

(B) The department is not to collect an application fee from	118520
a medicaid provider that is exempt from paying the fee under 42	118521
C.F.R. 455.460(a).	118522

(C) The application fees shall be deposited into the health	118523
care services administration fund created under section ~~5111.94~~	118524
5162.54 of the Revised Code. Application fees are nonrefundable	118525
when collected in accordance with 42 C.F.R. 455.460(a).	118526

(D) The medicaid director ~~of job and family services~~ shall	118527
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118528
of the Revised Code as necessary to implement this section,	118529
including a rule establishing the amount of the application fee	118530
~~that is charged~~to be collected under this section. The amount of	118531
the application fee shall not be set at an amount that is more	118532
than necessary to pay for the expenses of implementing the	118533
provider screening requirements.	118534

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	118535
~~the Revised Code, the director of job and family services shall~~	118536
~~adopt rules establishing procedures for the use of time-limited~~	118537
~~provider agreements under the medicaid program. Except as provided~~	118538
~~in division (E) of this section, all provider agreements shall be~~	118539
~~time-limited in accordance with the procedures established in the~~	118540
~~rules.~~	118541

~~The department of job and family services shall phase-in the~~	118542
~~use of time-limited provider agreements pursuant to this section~~	118543
~~during a period commencing not later than January 1, 2008, and~~	118544
~~ending January 1, 2015.~~	118545

~~(B) In the use of time-limited provider agreements pursuant~~	118546
~~to this section, all of the following apply:~~	118547

~~(1)~~ Each medicaid provider agreement shall expire not later	118548
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	118549
~~agreement.~~	118550

~~(2) During the phase-in period specified in division (A) of~~	118551
~~this section, the department may provide for the conversion of~~. If	118552
a provider agreement ~~without a time limit~~entered into before the	118553
effective date of this amendment does not have a time limit, the	118554
department of medicaid shall convert the agreement to a provider	118555
agreement with a time limit. ~~The department may take an action to~~	118556
~~convert the provider agreement by sending a notice by regular mail~~	118557
~~to the address of the provider on record with the department~~	118558
~~advising the provider of the conversion.~~	118559

~~(3) The department may make the effective date of a provider~~	118560
~~agreement retroactive for a period not to exceed one year from the~~	118561
~~date of the provider's application for the agreement, as long as~~	118562
~~the provider met all medicaid program requirements during that~~	118563
~~period.~~	118564

~~(C)~~(B) The medicaid director shall adopt rules under section	118565
5164.02 of the Revised Code as necessary to implement this	118566
section. The rules ~~for use of time-limited provider agreements~~	118567
~~pursuant to this section~~ shall be consistent with subpart E of 42	118568
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	118569
~~providers~~revalidating medicaid providers' continued enrollments	118570
as providers. All of the following apply to the ~~re-enrollment~~	118571
revalidation process:	118572

(1) The department ~~of job and family services may terminate a~~	118573
~~time-limited provider agreement or deny re-enrollment~~shall refuse	118574
to revalidate a provider's provider agreement when athe provider	118575
fails to file ana complete application for ~~re-enrollment~~	118576
revalidation within the time and in the manner required under the	118577
~~re-enrollment~~revalidation process.	118578

(2) If a provider files ana complete application for	118579
~~re-enrollment~~revalidation within the time and in the manner	118580
required under the ~~re-enrollment~~revalidation process, but the	118581
provider agreement expires before the department acts on the	118582
application or before the effective date of the department's	118583
decision on the application, the provider, subject to division	118584
(B)(3) of this section, may continue operating under the terms of	118585
the expired provider agreement until the effective date of the	118586
department's decision.	118587

(3) ~~A decision by the department to approve an application~~	118588
~~for re-enrollment becomes effective on the date of the~~	118589
~~department's decision. A decision by the department to deny~~	118590
~~re-enrollment shall take effect not sooner than thirty days after~~	118591
~~the date the department mails written notice of the decision to~~	118592
~~the provider. The department shall specify in the notice the date~~	118593
~~on which the provider is required to cease operating under the~~	118594
~~provider agreement~~If a provider continues operating under the	118595
terms of an expired provider agreement pursuant to division (B)(2)	118596
of this section and the department denies the provider's	118597
application for revalidation, medicaid payments shall not be made	118598
for services or items the provider provides during the period	118599
beginning on the date the provider agreement expired and ending on	118600
the effective date of a subsequent provider agreement, if any, the	118601
department enters into with the provider.	118602

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	118603
~~department is not required to take the actions specified in~~	118604
~~division (C)(1) of this section by issuing an order pursuant to an~~	118605
~~adjudication conducted in accordance with Chapter 119. of the~~	118606
~~Revised Code.~~	118607

~~(E) The use of time-limited provider agreements pursuant to~~	118608
~~this section does not apply to provider agreements issued to the~~	118609
~~following, including any provider agreements issued to the~~	118610
~~following that are otherwise time-limited under the medicaid~~	118611
~~program:~~	118612

~~(1) A managed care organization under contract with the~~	118613
~~department pursuant to section 5111.17 of the Revised Code;~~	118614

~~(2) A nursing facility, as defined in section 5111.20 of the~~	118615
~~Revised Code;~~	118616

~~(3) An intermediate care facility for the mentally retarded,~~	118617
~~as defined in section 5111.20 of the Revised Code;~~	118618

~~(4) A hospital.~~

118619

Sec. 5164.33. (A) The medicaid director may do the following	118620
for any reason permitted or required by federal law and when the	118621
director determines that the action is in the best interests of	118622
medicaid recipients or the state:	118623

(1) Deny, refuse to revalidate, suspend, or terminate a	118624
provider agreement;	118625

(2) Exclude an individual, provider of services or goods, or	118626
other entity from participation in the medicaid program.	118627

(B) No individual, provider, or entity excluded from	118628
participation in the medicaid program under this section shall do	118629
any of the following:	118630

(1) Own, or provide services to, any other medicaid provider	118631
or risk contractor;	118632

(2) Arrange for, render, or order services for medicaid	118633
recipients during the period of exclusion;	118634

(3) During the period of exclusion, receive direct payments	118635
under the medicaid program or indirect payments of medicaid funds	118636
in the form of salary, shared fees, contracts, kickbacks, or	118637
rebates from or through any other medicaid provider or risk	118638
contractor.	118639

(C) An individual, provider, or entity excluded from	118640
participation in the medicaid program under this section may	118641
request a reconsideration of the exclusion. The director shall	118642
adopt rules under section 5164.02 of the Revised Code governing	118643
the process for requesting a reconsideration.	118644

(D) Nothing in this section limits the applicability of	118645
section 5164.38 of the Revised Code to a medicaid provider.	118646

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

118647

(1) "Criminal records check" has the same meaning as in	118648
section 109.572 of the Revised Code.	118649

(2) "Disqualifying offense" means any of the offenses listed	118650
or described in divisions (A)(3)(a) to (e) of section 109.572 of	118651
the Revised Code.	118652

(3) "Owner" means a person who has an ownership interest in a	118653
medicaid provider ~~or applicant to be a provider~~ in an amount	118654
designated in rules ~~adopted under~~authorized by this section.	118655

(4) "Person subject to the criminal records check	118656
requirement" means the following:	118657

(a) A medicaid provider ~~or applicant to be a provider~~ who is	118658
notified under division (E)(1) of this section that the provider	118659
~~or applicant~~ is subject to a criminal records check;	118660

(b) An owner or prospective owner, officer or prospective	118661
officer, or board member or prospective board member of a medicaid	118662
provider ~~or applicant to be a provider~~ if, pursuant to division	118663
(E)(1)(a) of this section, the owner or prospective owner, officer	118664
or prospective officer, or board member or prospective board	118665
member is specified in information given to the provider or	118666
~~applicant~~ under division (E)(1) of this section;	118667

(c) An employee or prospective employee of a medicaid	118668
provider ~~or applicant to be a provider~~ if both of the following	118669
apply:	118670

(i) The employee or prospective employee is specified,	118671
pursuant to division (E)(1)(b) of this section, in information	118672
given to the provider ~~or applicant~~ under division (E)(1) of this	118673
section.	118674

(ii) The provider ~~or applicant~~ is not prohibited by division	118675
(D)(3)(b) of this section from employing the employee or	118676
prospective employee.	118677

(5) ~~"Provider" means a person, institution, or entity that~~	118678
~~has a medicaid provider agreement with the department of job and~~	118679
~~family services.~~	118680

~~(6)~~ "Responsible entity" means the following:

118681

(a) With respect to a criminal records check required under	118682
this section for a medicaid provider ~~or applicant to be a~~	118683
~~provider~~, the department of ~~job and family services~~medicaid or	118684
the department's designee;	118685

(b) With respect to a criminal records check required under	118686
this section for an owner or prospective owner, officer or	118687
prospective officer, board member or prospective board member, or	118688
employee or prospective employee of a medicaid provider or	118689
~~applicant to be a provider~~, the provider ~~or applicant~~.	118690

(B) This section does not apply to any individual who is	118691
subject to a criminal records check under section 3712.09,	118692
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	118693
Revised Code or any individual who is subject to a database review	118694
or criminal records check under section ~~173.394~~173.38, 3701.881,	118695
or ~~5111.033~~5164.342 of the Revised Code.	118696

(C) The department of ~~job and family services~~medicaid may do	118697
any of the following:	118698

(1) Require that any medicaid provider ~~or applicant to be a~~	118699
~~provider~~ submit to a criminal records check as a condition of	118700
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	118701

(2) Require that any medicaid provider ~~or applicant to be a~~	118702
~~provider~~ require an owner or prospective owner, officer or	118703
prospective officer, or board member or prospective board member	118704
of the provider ~~or applicant~~ submit to a criminal records check as	118705
a condition of being an owner, officer, or board member of the	118706
provider ~~or applicant~~;	118707

(3) Require that any medicaid provider ~~or applicant to be a~~	118708
~~provider~~ do the following:	118709

(a) If so required by rules ~~adopted under~~authorized by this	118710
section, determine pursuant to a database review conducted under	118711
division (F)(1)(a) of this section whether any employee or	118712
prospective employee of the provider ~~or applicant~~ is included in a	118713
database;	118714

(b) Unless the provider ~~or applicant~~ is prohibited by	118715
division (D)(3)(b) of this section from employing the employee or	118716
prospective employee, require the employee or prospective employee	118717
to submit to a criminal records check as a condition of being an	118718
employee of the provider ~~or applicant~~.	118719

(D)(1) The department or the department's designee shall deny	118720
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	118721
~~deny an applicant's application for a medicaid provider agreement~~	118722
if the provider ~~or applicant~~ is a person subject to the criminal	118723
records check requirement and either of the following applies:	118724

(a) The provider ~~or applicant~~ fails to obtain the criminal	118725
records check after being given the information specified in	118726
division (G)(1) of this section.	118727

(b) Except as provided in rules ~~adopted under~~authorized by	118728
this section, the provider ~~or applicant~~ is found by the criminal	118729
records check to have been convicted of,or have pleaded guilty	118730
to~~, or been found eligible for intervention in lieu of conviction~~	118731
~~for~~ a disqualifying offense, regardless of the date of the	118732
conviction,or the date of entry of the guilty plea~~, or the date~~	118733
~~the applicant or provider was found eligible for intervention in~~	118734
~~lieu of conviction~~.	118735

(2) No medicaid provider ~~or applicant to be a provider~~ shall	118736
permit a person to be an owner, officer, or board member of the	118737
provider ~~or applicant~~ if the person is a person subject to the	118738
criminal records check requirement and either of the following	118739
applies:	118740

(a) The person fails to obtain the criminal records check	118741
after being given the information specified in division (G)(1) of	118742
this section.	118743

(b) Except as provided in rules ~~adopted under~~authorized by	118744
this section, the person is found by the criminal records check to	118745
have been convicted of,or have pleaded guilty to~~, or been found~~	118746
~~eligible for intervention in lieu of conviction for~~ a	118747
disqualifying offense, regardless of the date of the conviction,	118748
or the date of entry of the guilty plea~~, or the date the person~~	118749
~~was found eligible for intervention in lieu of conviction~~.	118750

(3) No medicaid provider ~~or applicant to be a provider~~ shall	118751
employ a person if any of the following apply:	118752

(a) The person has been excluded from ~~providing services or~~	118753
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	118754
~~program operated pursuant to Title XVIII of the "Social Security~~	118755
~~Act~~provider," or provider for any other federal health care	118756
program.	118757

(b) If the person is subject to a database review conducted	118758
under division (F)(1)(a) of this section, the person is found by	118759
the database review to be included in a database and the rules	118760
~~adopted under~~authorized by this section regarding the database	118761
review prohibit the provider ~~or applicant~~ from employing a person	118762
included in the database.	118763

(c) If the person is a person subject to the criminal records	118764
check requirement, either of the following applies:	118765

(i) The person fails to obtain the criminal records check	118766
after being given the information specified in division (G)(1) of	118767
this section.	118768

(ii) Except as provided in rules ~~adopted under~~authorized by	118769
this section, the person is found by the criminal records check to	118770
have been convicted of,or have pleaded guilty to~~, or been found~~	118771
~~eligible for intervention in lieu of conviction for~~ a	118772
disqualifying offense, regardless of the date of the conviction,	118773
or the date of entry of the guilty plea~~, or the date the person~~	118774
~~was found eligible for intervention in lieu of conviction~~.	118775

(E)(1) The department or the department's designee shall	118776
inform each medicaid provider ~~or applicant to be a provider~~	118777
whether the provider ~~or applicant~~ is subject to a criminal records	118778
check. For providers with valid provider agreements, the	118779
information shall be given at times designated in rules ~~adopted~~	118780
~~under~~authorized by this section. For ~~applicants~~providers	118781
applying to be medicaid providers, the information shall be given	118782
at the time of initial application. When the information is given,	118783
the department or the department's designee shall specify the	118784
following:	118785

(a) Which of the provider's ~~or applicant's~~ owners or	118786
prospective owners, officers or prospective officers, or board	118787
members or prospective board members are subject to a criminal	118788
records check;	118789

(b) Which of the provider's ~~or applicant's~~ employees or	118790
prospective employees are subject to division (C)(3) of this	118791
section.	118792

(2) At times designated in rules ~~adopted under~~authorized by	118793
this section, a medicaid provider ~~or applicant to be a provider~~	118794
that is a person subject to the criminal records check requirement	118795
shall do the following:	118796

(a) Inform each person specified under division (E)(1)(a) of	118797
this section that the person is required to submit to a criminal	118798
records check as a condition of being an owner, officer, or board	118799
member of the provider ~~or applicant~~;	118800

(b) Inform each person specified under division (E)(1)(b) of	118801
this section that the person is subject to division (C)(3) of this	118802
section.	118803

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	118804
is a person subject to the criminal records check requirement, the	118805
department or the department's designee shall require the conduct	118806
of a criminal records check by the superintendent of the bureau of	118807
criminal identification and investigation. A medicaid provider or	118808
~~applicant to be a provider~~ shall require the conduct of a criminal	118809
records check by the superintendent with respect to each of the	118810
persons specified under division (E)(1)(a) of this section. With	118811
respect to each employee and prospective employee specified under	118812
division (E)(1)(b) of this section, a medicaid provider or	118813
~~applicant to be a provider~~ shall do the following:	118814

(a) If rules ~~adopted under~~authorized by this section require	118815
the provider ~~or applicant~~ to conduct a database review to	118816
determine whether the employee or prospective employee is included	118817
in a database, conduct the database review in accordance with the	118818
rules;	118819

(b) Unless the provider ~~or applicant~~ is prohibited by	118820
division (D)(3)(b) of this section from employing the employee or	118821
prospective employee, require the conduct of a criminal records	118822
check of the employee or prospective employee by the	118823
superintendent.	118824

(2) If a person subject to the criminal records check	118825
requirement does not present proof of having been a resident of	118826
this state for the five-year period immediately prior to the date	118827
the criminal records check is requested or provide evidence that	118828
within that five-year period the superintendent has requested	118829
information about the person from the federal bureau of	118830
investigation in a criminal records check, the responsible entity	118831
shall require the person to request that the superintendent obtain	118832
information from the federal bureau of investigation as part of	118833
the criminal records check of the person. Even if the person	118834
presents proof of having been a resident of this state for the	118835
five-year period, the responsible entity may require that the	118836
person request that the superintendent obtain information from the	118837
federal bureau of investigation and include it in the criminal	118838
records check of the person.	118839

(G) Criminal records checks required by this section shall be	118840
obtained as follows:	118841

(1) The responsible entity shall provide each person subject	118842
to the criminal records check requirement information about	118843
accessing and completing the form prescribed pursuant to division	118844
(C)(1) of section 109.572 of the Revised Code and the standard	118845
impression sheet prescribed pursuant to division (C)(2) of that	118846
section.	118847

(2) The person subject to the criminal records check	118848
requirement shall submit the required form and one complete set of	118849
the person's fingerprint impressions directly to the	118850
superintendent for purposes of conducting the criminal records	118851
check using the applicable methods prescribed by division (C) of	118852
section 109.572 of the Revised Code. The person shall pay all fees	118853
associated with obtaining the criminal records check.	118854

(3) The superintendent shall conduct the criminal records	118855
check in accordance with section 109.572 of the Revised Code. The	118856
person subject to the criminal records check requirement shall	118857
instruct the superintendent to submit the report of the criminal	118858
records check directly to the responsible entity. If the	118859
department or the department's designee is not the responsible	118860
entity, the department or designee may require the responsible	118861
entity to submit the report to the department or designee.	118862

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	118863
employ conditionally a person for whom a criminal records check is	118864
required by this section prior to obtaining the results of the	118865
criminal records check if both of the following apply:	118866

(a) The provider ~~or applicant~~ is not prohibited by division	118867
(D)(3)(b) of this section from employing the person.	118868

(b) The person submits a request for the criminal records	118869
check not later than five business days after the person begins	118870
conditional employment.	118871

(2) A medicaid provider ~~or applicant to be a provider~~ that	118872
employs a person conditionally under division (H)(1) of this	118873
section shall terminate the person's employment if the results of	118874
the criminal records check request are not obtained within the	118875
period ending sixty days after the date the request is made.	118876
Regardless of when the results of the criminal records check are	118877
obtained, if the results indicate that the person has been	118878
convicted of,or has pleaded guilty to~~, or has been found eligible~~	118879
~~for intervention in lieu of conviction for~~ a disqualifying	118880
offense, the provider ~~or applicant~~ shall terminate the person's	118881
employment unless circumstances specified in rules ~~adopted under~~	118882
authorized by this section exist that permit the provider or	118883
~~applicant~~ to employ the person and the provider ~~or applicant~~	118884
chooses to employ the person.	118885

(I) The report of a criminal records check conducted pursuant	118886
to this section is not a public record for the purposes of section	118887
149.43 of the Revised Code and shall not be made available to any	118888
person other than the following:	118889

(1) The person who is the subject of the criminal records	118890
check or the person's representative;	118891

(2) The medicaid director ~~of job and family services~~ and the	118892
staff of the department who are involved in the administration of	118893
the medicaid program;	118894

(3) The department's designee;

118895

(4) The medicaid provider ~~or applicant to be a provider~~ who	118896
required the person who is the subject of the criminal records	118897
check to submit to the criminal records check;	118898

(5) An individual receiving or deciding whether to receive,	118899
from the subject of the criminal records check, home and	118900
community-based services available under the medicaid state plan;	118901

(6) A court, hearing officer, or other necessary individual	118902
involved in a case dealing with any of the following:	118903

(a) The denial or termination of a ~~medicaid~~ provider	118904
agreement;	118905

(b) A person's denial of employment, termination of	118906
employment, or employment or unemployment benefits;	118907

(c) A civil or criminal action regarding the medicaid	118908
program.	118909

(J) The medicaid director ~~of job and family services~~ may	118910
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118911
of the Revised Code to implement this section. If the director	118912
adopts such rules, the rules shall designate the times at which a	118913
criminal records check must be conducted under this section. The	118914
rules may do any of the following:	118915

(1) Designate the categories of persons who are subject to a	118916
criminal records check under this section;	118917

(2) Specify circumstances under which the department or the	118918
department's designee may continue a ~~medicaid~~ provider agreement	118919
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	118920
medicaid provider ~~or applicant~~ is found by a criminal records	118921
check to have been convicted of, pleaded guilty to, or been found	118922
eligible for intervention in lieu of conviction for a	118923
disqualifying offense;	118924

(3) Specify circumstances under which a medicaid provider or	118925
~~applicant to be a provider~~ may permit a person to be an employee,	118926
owner, officer, or board member of the provider ~~or applicant,~~ when	118927
the person is found by a criminal records check conducted pursuant	118928
to this section to have been convicted of,or have pleaded guilty	118929
to~~, or been found eligible for intervention in lieu of conviction~~	118930
~~for~~ a disqualifying offense;	118931

(4) Specify all of the following:

118932

(a) The circumstances under which a database review must be	118933
conducted under division (F)(1)(a) of this section to determine	118934
whether an employee or prospective employee of a medicaid provider	118935
~~or applicant to be a provider~~ is included in a database;	118936

(b) The procedures for conducting the database review;

118937

118938

(d) The circumstances under which a medicaid provider or	118939
~~applicant to be a provider~~ is prohibited from employing a person	118940
who is found by the database review to be included in a database.	118941

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

118942

"Anniversary date" means the later of the effective date of	118943
the provider agreement relating to the independent provider or	118944
sixty days after September 26, 2003.	118945

"Applicant" means a person who has applied for a ~~medicaid~~	118946
provider agreement to provide home and community-based services as	118947
an independent provider under a home and community-based medicaid	118948
waiver component administered by the department of ~~job and family~~	118949
~~services~~medicaid.	118950

"Criminal records check" has the same meaning as in section	118951
109.572 of the Revised Code.	118952

"Disqualifying offense" means any of the offenses listed or	118953
described in divisions (A)(3)(a) to (e) of section 109.572 of the	118954
Revised Code.	118955

"Independent provider" means a person who has a ~~medicaid~~	118956
provider agreement to provide home and community-based services as	118957
an independent provider in a home and community-based services	118958
medicaid waiver component administered by the department of ~~job~~	118959
~~and family services~~medicaid.	118960

~~"Home and community-based services medicaid waiver component"~~	118961
~~has the same meaning as in section 5111.85 of the Revised Code.~~	118962

(B) The department of ~~job and family services~~medicaid or the	118963
department's designee shall deny an applicant's application for a	118964
~~medicaid~~ provider agreement and shall terminate an independent	118965
provider's ~~medicaid~~ provider agreement if either of the following	118966
applies:	118967

(1) After the applicant or independent provider is given the	118968
information and notification required by divisions (D)(2)(a) and	118969
(b) of this section, the applicant or independent provider fails	118970
to do either of the following:	118971

(a) Access, complete, or forward to the superintendent of the	118972
bureau of criminal identification and investigation the form	118973
prescribed pursuant to division (C)(1) of section 109.572 of the	118974
Revised Code or the standard impression sheet prescribed pursuant	118975
to division (C)(2) of that section;	118976

(b) Instruct the superintendent to submit the completed	118977
report of the criminal records check required by this section	118978
directly to the department or the department's designee.	118979

(2) Except as provided in rules ~~adopted under~~authorized by	118980
this section, the applicant or independent provider is found by a	118981
criminal records check required by this section to have been	118982
convicted of,or have pleaded guilty to~~, or been found eligible~~	118983
~~for intervention in lieu of conviction for~~ a disqualifying	118984
offense, regardless of the date of the conviction,or the date of	118985
entry of the guilty plea~~, or the date the applicant or independent~~	118986
~~provider was found eligible for intervention in lieu of~~	118987
~~conviction~~.	118988

(C)(1) The department or the department's designee shall	118989
inform each applicant, at the time of initial application for a	118990
~~medicaid~~ provider agreement, that the applicant is required to	118991
provide a set of the applicant's fingerprint impressions and that	118992
a criminal records check is required to be conducted as a	118993
condition of the department's approving the application.	118994

(2) Beginning on September 26, 2003, the department or the	118995
department's designee shall inform each independent provider on or	118996
before the time of the anniversary date of the ~~medicaid~~ provider	118997
agreement that the independent provider is required to provide a	118998
set of the independent provider's fingerprint impressions and that	118999
a criminal records check is required to be conducted.	119000

(D)(1) The department or the department's designee shall	119001
require an applicant to complete a criminal records check prior to	119002
entering into a ~~medicaid~~ provider agreement with the applicant.	119003
The department or the department's designee shall require an	119004
independent provider to complete a criminal records check at least	119005
annually. If an applicant or independent provider for whom a	119006
criminal records check is required by this section does not	119007
present proof of having been a resident of this state for the	119008
five-year period immediately prior to the date the criminal	119009
records check is requested or provide evidence that within that	119010
five-year period the superintendent of the bureau of criminal	119011
identification and investigation has requested information about	119012
the applicant or independent provider from the federal bureau of	119013
investigation in a criminal records check, the department or the	119014
department's designee shall request that the applicant or	119015
independent provider obtain through the superintendent a criminal	119016
records request from the federal bureau of investigation as part	119017
of the criminal records check of the applicant or independent	119018
provider. Even if an applicant or independent provider for whom a	119019
criminal records check request is required by this section	119020
presents proof of having been a resident of this state for the	119021
five-year period, the department or the department's designee may	119022
request that the applicant or independent provider obtain	119023
information through the superintendent from the federal bureau of	119024
investigation in the criminal records check.	119025

(2) The department or the department's designee shall provide	119026
the following to each applicant and independent provider for whom	119027
a criminal records check is required by this section:	119028

(a) Information about accessing, completing, and forwarding	119029
to the superintendent of the bureau of criminal identification and	119030
investigation the form prescribed pursuant to division (C)(1) of	119031
section 109.572 of the Revised Code and the standard impression	119032
sheet prescribed pursuant to division (C)(2) of that section;	119033

(b) Written notification that the applicant or independent	119034
provider is to instruct the superintendent to submit the completed	119035
report of the criminal records check directly to the department or	119036
the department's designee.	119037

(3) Each applicant and independent provider for whom a	119038
criminal records check is required by this section shall pay to	119039
the bureau of criminal identification and investigation the fee	119040
prescribed pursuant to division (C)(3) of section 109.572 of the	119041
Revised Code for the criminal records check conducted of the	119042
applicant or independent provider.	119043

(E) The report of any criminal records check conducted by the	119044
bureau of criminal identification and investigation in accordance	119045
with section 109.572 of the Revised Code and pursuant to a request	119046
made under this section is not a public record for the purposes of	119047
section 149.43 of the Revised Code and shall not be made available	119048
to any person other than the following:	119049

(1) The person who is the subject of the criminal records	119050
check or the person's representative;	119051

(2) The medicaid director ~~of job and family services~~ and the	119052
staff of the department who are involved in the administration of	119053
the medicaid program;	119054

(3) The department's designee;

119055

(4) An individual ~~who receives~~receiving or deciding whether	119056
to receive home and community-based services from the person who	119057
is the subject of the criminal records check;	119058

(5) A court, hearing officer, or other necessary individual	119059
involved in a case dealing with either of the following:	119060

(a) A denial or termination of a provider agreement related	119061
to the criminal records check;	119062

(b) A civil or criminal action regarding the medicaid	119063
program.	119064

(F) The medicaid director ~~of job and family services~~ shall	119065
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	119066
of the Revised Code to implement this section. The rules shall	119067
specify circumstances under which the department or the	119068
department's designee may either approve an applicant's	119069
application or allow an independent provider to maintain an	119070
existing ~~medicaid~~ provider agreement even though the applicant or	119071
independent provider is found by a criminal records check required	119072
by this section to have been convicted of,or have pleaded guilty	119073
to~~, or been found eligible for intervention in lieu of conviction~~	119074
~~for~~ a disqualifying offense.	119075

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

119076

"Applicant" means a person who is under final consideration	119077
for employment with a waiver agency in a full-time, part-time, or	119078
temporary position that involves providing home and	119079
community-based services..	119080

"Community-based long-term care ~~agency~~provider" ~~has the same~~	119081
~~meaning~~means a provider as defined in section 173.39 of the	119082
Revised Code.	119083

"Community-based long-term care subcontractor" means a	119084
subcontractor as defined in section 173.38 of the Revised Code.	119085

"Criminal records check" has the same meaning as in section	119086
109.572 of the Revised Code.	119087

"Disqualifying offense" means any of the offenses listed or	119088
described in divisions (A)(3)(a) to (e) of section 109.572 of the	119089
Revised Code.	119090

"Employee" means a person employed by a waiver agency in a	119091
full-time, part-time, or temporary position that involves	119092
providing home and community-based services.	119093

~~"Home and community-based services medicaid waiver component"~~	119094
~~has the same meaning as in section 5111.85 of the Revised Code.~~	119095

"Waiver agency" means a person or government entity that	119096
provides home and community-based services under a home and	119097
community-based services medicaid waiver component administered by	119098
the department of ~~job and family services~~medicaid, other than	119099
such a person or government entity that is certified under the	119100
medicare program. "Waiver agency" does not mean an independent	119101
provider as defined in section ~~5111.034~~5164.341 of the Revised	119102
Code.	119103

(B) This section does not apply to any individual who is	119104
subject to a database review or criminal records check under	119105
section 3701.881 of the Revised Code. If a waiver agency also is a	119106
community-based long-term care ~~agency~~provider or community-based	119107
long-term care subcontractor, the waiver agency may provide for	119108
applicants and employees to undergo database reviews and criminal	119109
records checks in accordance with section ~~173.394~~173.38 of the	119110
Revised Code rather than this section.	119111

(C) No waiver agency shall employ an applicant or continue to	119112
employ an employee in a position that involves providing home and	119113
community-based services if any of the following apply:	119114

(1) A review of the databases listed in division (E) of this	119115
section reveals any of the following:	119116

(a) That the applicant or employee is included in one or more	119117
of the databases listed in divisions (E)(1) to (5) of this	119118
section;	119119

(b) That there is in the state nurse aide registry	119120
established under section 3721.32 of the Revised Code a statement	119121
detailing findings by the director of health that the applicant or	119122
employee neglected or abused a long-term care facility or	119123
residential care facility resident or misappropriated property of	119124
such a resident;	119125

(c) That the applicant or employee is included in one or more	119126
of the databases, if any, specified in rules ~~adopted under~~	119127
authorized by this section and the rules prohibit the waiver	119128
agency from employing an applicant or continuing to employ an	119129
employee included in such a database in a position that involves	119130
providing home and community-based services.	119131

(2) After the applicant or employee is given the information	119132
and notification required by divisions (F)(2)(a) and (b) of this	119133
section, the applicant or employee fails to do either of the	119134
following:	119135

(a) Access, complete, or forward to the superintendent of the	119136
bureau of criminal identification and investigation the form	119137
prescribed to division (C)(1) of section 109.572 of the Revised	119138
Code or the standard impression sheet prescribed pursuant to	119139
division (C)(2) of that section;	119140

(b) Instruct the superintendent to submit the completed	119141
report of the criminal records check required by this section	119142
directly to the chief administrator of the waiver agency.	119143

(3) Except as provided in rules ~~adopted under~~authorized by	119144
this section, the applicant or employee is found by a criminal	119145
records check required by this section to have been convicted of,	119146
or have pleaded guilty to~~, or been found eligible for intervention~~	119147
~~in lieu of conviction for~~ a disqualifying offense, regardless of	119148
the date of the conviction,or date of entry of the guilty plea,	119149
~~or the date the applicant or employee was found eligible for~~	119150
~~intervention in lieu of conviction~~.	119151

(D) At the time of each applicant's initial application for	119152
employment in a position that involves providing home and	119153
community-based services, the chief administrator of a waiver	119154
agency shall inform the applicant of both of the following:	119155

(1) That a review of the databases listed in division (E) of	119156
this section will be conducted to determine whether the waiver	119157
agency is prohibited by division (C)(1) of this section from	119158
employing the applicant in the position;	119159

(2) That, unless the database review reveals that the	119160
applicant may not be employed in the position, a criminal records	119161
check of the applicant will be conducted and the applicant is	119162
required to provide a set of the applicant's fingerprint	119163
impressions as part of the criminal records check.	119164

(E) As a condition of employing any applicant in a position	119165
that involves providing home and community-based services, the	119166
chief administrator of a waiver agency shall conduct a database	119167
review of the applicant in accordance with rules ~~adopted under~~	119168
authorized by this section. If rules ~~adopted under~~authorized by	119169
this section so require, the chief administrator of a waiver	119170
agency shall conduct a database review of an employee in	119171
accordance with the rules as a condition of continuing to employ	119172
the employee in a position that involves providing home and	119173
community-based services. A database review shall determine	119174
whether the applicant or employee is included in any of the	119175
following:	119176

(1) The excluded parties list system that is maintained by	119177
the United States general services administration pursuant to	119178
subpart 9.4 of the federal acquisition regulation and available at	119179
the federal web site known as the system for award management;	119180

(2) The list of excluded individuals and entities maintained	119181
by the office of inspector general in the United States department	119182
of health and human services pursuant to ~~section 1128 of~~ the	119183
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	119184
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	119185
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	119186
~~amended~~;	119187

(3) The registry of MR/DD employees established under section	119188
5123.52 of the Revised Code;	119189

(4) The internet-based sex offender and child-victim offender	119190
database established under division (A)(11) of section 2950.13 of	119191
the Revised Code;	119192

(5) The internet-based database of inmates established under	119193
section 5120.66 of the Revised Code;	119194

(6) The state nurse aide registry established under section	119195
3721.32 of the Revised Code;	119196

(7) Any other database, if any, specified in rules ~~adopted~~	119197
~~under~~authorized by this section.	119198

(F)(1) As a condition of employing any applicant in a	119199
position that involves providing home and community-based	119200
services, the chief administrator of a waiver agency shall require	119201
the applicant to request that the superintendent of the bureau of	119202
criminal identification and investigation conduct a criminal	119203
records check of the applicant. If rules ~~adopted under~~authorized	119204
by this section so require, the chief administrator of a waiver	119205
agency shall require an employee to request that the	119206
superintendent conduct a criminal records check of the employee at	119207
times specified in the rules as a condition of continuing to	119208
employ the employee in a position that involves providing home and	119209
community-based services. However, a criminal records check is not	119210
required for an applicant or employee if the waiver agency is	119211
prohibited by division (C)(1) of this section from employing the	119212
applicant or continuing to employ the employee in a position that	119213
involves providing home and community-based services. If an	119214
applicant or employee for whom a criminal records check request is	119215
required by this section does not present proof of having been a	119216
resident of this state for the five-year period immediately prior	119217
to the date the criminal records check is requested or provide	119218
evidence that within that five-year period the superintendent has	119219
requested information about the applicant or employee from the	119220
federal bureau of investigation in a criminal records check, the	119221
chief administrator shall require the applicant or employee to	119222
request that the superintendent obtain information from the	119223
federal bureau of investigation as part of the criminal records	119224
check. Even if an applicant or employee for whom a criminal	119225
records check request is required by this section presents proof	119226
of having been a resident of this state for the five-year period,	119227
the chief administrator may require the applicant or employee to	119228
request that the superintendent include information from the	119229
federal bureau of investigation in the criminal records check.	119230

(2) The chief administrator shall provide the following to	119231
each applicant and employee for whom a criminal records check is	119232
required by this section:	119233

(a) Information about accessing, completing, and forwarding	119234
to the superintendent of the bureau of criminal identification and	119235
investigation the form prescribed pursuant to division (C)(1) of	119236
section 109.572 of the Revised Code and the standard impression	119237
sheet prescribed pursuant to division (C)(2) of that section;	119238

(b) Written notification that the applicant or employee is to	119239
instruct the superintendent to submit the completed report of the	119240
criminal records check directly to the chief administrator.	119241

(3) A waiver agency shall pay to the bureau of criminal	119242
identification and investigation the fee prescribed pursuant to	119243
division (C)(3) of section 109.572 of the Revised Code for any	119244
criminal records check required by this section. However, a waiver	119245
agency may require an applicant to pay to the bureau the fee for a	119246
criminal records check of the applicant. If the waiver agency pays	119247
the fee for an applicant, it may charge the applicant a fee not	119248
exceeding the amount the waiver agency pays to the bureau under	119249
this section if the waiver agency notifies the applicant at the	119250
time of initial application for employment of the amount of the	119251
fee and that, unless the fee is paid, the applicant will not be	119252
considered for employment.	119253

(G)(1) A waiver agency may employ conditionally an applicant	119254
for whom a criminal records check is required by this section	119255
prior to obtaining the results of the criminal records check if	119256
both of the following apply:	119257

(a) The waiver agency is not prohibited by division (C)(1) of	119258
this section from employing the applicant in a position that	119259
involves providing home and community-based services.	119260

(b) The chief administrator of the waiver agency requires the	119261
applicant to request a criminal records check regarding the	119262
applicant in accordance with division (F)(1) of this section not	119263
later than five business days after the applicant begins	119264
conditional employment.	119265

(2) A waiver agency that employs an applicant conditionally	119266
under division (G)(1) of this section shall terminate the	119267
applicant's employment if the results of the criminal records	119268
check, other than the results of any request for information from	119269
the federal bureau of investigation, are not obtained within the	119270
period ending sixty days after the date the request for the	119271
criminal records check is made. Regardless of when the results of	119272
the criminal records check are obtained, if the results indicate	119273
that the applicant has been convicted of,or has pleaded guilty	119274
to~~, or has been found eligible for intervention in lieu of~~	119275
~~conviction for~~ a disqualifying offense, the waiver agency shall	119276
terminate the applicant's employment unless circumstances	119277
specified in rules ~~adopted under~~authorized by this section exist	119278
that permit the waiver agency to employ the applicant and the	119279
waiver agency chooses to employ the applicant.	119280

(H) The report of any criminal records check conducted	119281
pursuant to a request made under this section is not a public	119282
record for the purposes of section 149.43 of the Revised Code and	119283
shall not be made available to any person other than the	119284
following:	119285

(1) The applicant or employee who is the subject of the	119286
criminal records check or the representative of the applicant or	119287
employee;	119288

(2) The chief administrator of the waiver agency that	119289
requires the applicant or employee to request the criminal records	119290
check or the administrator's representative;	119291

(3) The medicaid director ~~of job and family services~~ and the	119292
staff of the department who are involved in the administration of	119293
the medicaid program;	119294

(4) The director of aging or the director's designee if the	119295
waiver agency also is a community-based long-term care ~~agency~~	119296
provider or community-based long-term care subcontractor;	119297

(5) An individual receiving or deciding whether to receive	119298
home and community-based services from the subject of the criminal	119299
records check;	119300

(6) A court, hearing officer, or other necessary individual	119301
involved in a case dealing with any of the following:	119302

(a) A denial of employment of the applicant or employee;

119303

(b) Employment or unemployment benefits of the applicant or	119304
employee;	119305

(c) A civil or criminal action regarding the medicaid	119306
program.	119307

(I) The medicaid director ~~of job and family services~~ shall	119308
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	119309
of the Revised Code to implement this section.	119310

(1) The rules may do the following:

119311

(a) Require employees to undergo database reviews and	119312
criminal records checks under this section;	119313

(b) If the rules require employees to undergo database	119314
reviews and criminal records checks under this section, exempt one	119315
or more classes of employees from the requirements;	119316

(c) For the purpose of division (E)(7) of this section,	119317
specify other databases that are to be checked as part of a	119318
database review conducted under this section.	119319

(2) The rules shall specify all of the following:

119320

(a) The procedures for conducting a database review under	119321
this section;	119322

(b) If the rules require employees to undergo database	119323
reviews and criminal records checks under this section, the times	119324
at which the database reviews and criminal records checks are to	119325
be conducted;	119326

(c) If the rules specify other databases to be checked as	119327
part of a database review, the circumstances under which a waiver	119328
agency is prohibited from employing an applicant or continuing to	119329
employ an employee who is found by the database review to be	119330
included in one or more of those databases;	119331

(d) The circumstances under which a waiver agency may employ	119332
an applicant or employee who is found by a criminal records check	119333
required by this section to have been convicted of,or have	119334
pleaded guilty to~~, or been found eligible for intervention in lieu~~	119335
~~of conviction for~~ a disqualifying offense.	119336

(J) The amendments made by H.B. 487 of the 129th general	119337
assembly to this section do not preclude the department of ~~job~~	119338
~~and family services~~medicaid from taking action against a person	119339
for failure to comply with former division (H) of this section as	119340
that division existed on the day preceding ~~the effective date of~~	119341
~~this amendment~~January 1, 2013.	119342

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	119343
means any person having at least five per cent ownership in a	119344
medicaid provider.	119345

(B)(1) No medicaid provider ~~of services or goods contracting~~	119346
~~with the department of job and family services pursuant to the~~	119347
~~medicaid program~~ shall~~, by~~do any of the following:	119348

(a) By deception, obtain or attempt to obtain payments under	119349
~~this chapter~~the medicaid program to which the provider is not	119350
entitled pursuant to the provider's provider agreement, or the	119351
rules of the federal government or the ~~department of job and~~	119352
~~family services~~medicaid director relating to the program~~. No~~	119353
~~provider shall willfully~~;	119354

(b) Willfully receive payments to which the provider is not	119355
entitled~~, or willfully~~;	119356

(c) Willfully receive payments in a greater amount than that	119357
to which the provider is entitled; ~~nor shall any provider falsify~~	119358

(d) Falsify any report or document required by state or	119359
federal law, rule, or provider agreement relating to medicaid	119360
payments. ~~As used in this section, a~~	119361

(2) A medicaid provider engages in "deception" for the	119362
purpose of this section when the provider, acting with actual	119363
knowledge of the representation or information involved, acting in	119364
deliberate ignorance of the truth or falsity of the representation	119365
or information involved, or acting in reckless disregard of the	119366
truth or falsity of the representation or information involved,	119367
deceives another or causes another to be deceived by any false or	119368
misleading representation, by withholding information, by	119369
preventing another from acquiring information, or by any other	119370
conduct, act, or omission that creates, confirms, or perpetuates a	119371
false impression in another, including a false impression as to	119372
law, value, state of mind, or other objective or subjective fact.	119373
No proof of specific intent to defraud is required to show, for	119374
purposes of this section, that a medicaid provider has engaged in	119375
deception.	119376

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	119377
this section shall be liable, in addition to any other penalties	119378
provided by law, for all of the following civil penalties:	119379

(1) Payment of interest on the amount of the excess payments	119380
at the maximum interest rate allowable for real estate mortgages	119381
under section 1343.01 of the Revised Code on the date the payment	119382
was made to the provider for the period from the date upon which	119383
payment was made, to the date upon which repayment is made to the	119384
state;	119385

(2) Payment of an amount equal to three times the amount of	119386
any excess payments;	119387

(3) Payment of a sum of not less than five thousand dollars	119388
and not more than ten thousand dollars for each deceptive claim or	119389
falsification;	119390

(4) All reasonable expenses which the court determines have	119391
been necessarily incurred by the state in the enforcement of this	119392
section.	119393

~~(C) As used in this division, "intermediate care facility for~~	119394
~~the mentally retarded" and "nursing facility" have the same~~	119395
~~meanings given in section 5111.20 of the Revised Code.~~	119396

(D) In addition to the civil penalties provided in division	119397
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	119398
~~services~~, upon the conviction of, or the entry of a judgment in	119399
either a criminal or civil action against, a medicaid provider or	119400
its owner, officer, authorized agent, associate, manager, or	119401
employee in an action brought pursuant to section 109.85 of the	119402
Revised Code, shall terminate the provider's provider agreement	119403
~~between the department and the provider~~ and stop ~~reimbursement~~	119404
payment to the provider for medicaid services rendered from the	119405
date of conviction or entry of judgment. ~~As used in this division,~~	119406
~~"owner" means any person having at least five per cent ownership~~	119407
~~in the medicaid provider.~~ No such medicaid provider, owner,	119408
officer, authorized agent, associate, manager, or employee shall	119409
own or provide medicaid services to any other medicaid provider or	119410
risk contractor or arrange for, render, or order medicaid services	119411
for medicaid recipients, nor shall such provider, owner, officer,	119412
authorized agent, associate, manager, or employee receive	119413
~~reimbursement in the form of~~ direct payments ~~from the department~~	119414
under the medicaid program or indirect payments of medicaid funds	119415
in the form of salary, shared fees, contracts, kickbacks, or	119416
rebates from or through any ~~participating~~other medicaid provider	119417
or risk contractor. The provider agreement shall not be terminated	119418
~~or reimbursement~~, and payment shall not be terminated, if the	119419
medicaid provider or owner can demonstrate that the provider or	119420
owner did not directly or indirectly sanction the action of its	119421
authorized agent, associate, manager, or employee that resulted in	119422
the conviction or entry of a judgment in a criminal or civil	119423
action brought pursuant to section 109.85 of the Revised Code.	119424
Nothing in this division prohibits any owner, officer, authorized	119425
agent, associate, manager, or employee of a medicaid provider from	119426
entering into a ~~medicaid~~ provider agreement if the person can	119427
demonstrate that the person had no knowledge of an action of the	119428
medicaid provider the person was formerly associated with that	119429
resulted in the conviction or entry of a judgment in a criminal or	119430
civil action brought pursuant to section 109.85 of the Revised	119431
Code.	119432

Nursing facility ~~or intermediate care facility for the~~	119433
~~mentally retarded~~and ICF/IID providers whose provider agreements	119434
are terminated pursuant to this section may continue to receive	119435
~~reimbursement~~medicaid payments for up to thirty days after the	119436
effective date of the termination if the provider makes reasonable	119437
efforts to transfer medicaid recipients to another facility or to	119438
alternate care and if federal ~~funds are~~financial participation is	119439
provided for ~~such reimbursement~~the payments.	119440

~~(D) For any reason permitted or required by federal law, the~~	119441
~~director of job and family services may deny a provider agreement~~	119442
~~or terminate a provider agreement.~~	119443

~~For any reason permitted or required by federal law, the~~	119444
~~director may exclude an individual, provider of services or goods,~~	119445
~~or other entity from participation in the medicaid program. No~~	119446
~~individual, provider, or entity excluded under this division shall~~	119447
~~own or provide services to any other medicaid provider or risk~~	119448
~~contractor or arrange for, render, or order services for medicaid~~	119449
~~recipients during the period of exclusion, nor, during the period~~	119450
~~of exclusion, shall such individual, provider, or entity receive~~	119451
~~reimbursement in the form of direct payments from the department~~	119452
~~or indirect payments of medicaid funds in the form of salary,~~	119453
~~shared fees, contracts, kickbacks, or rebates from or through any~~	119454
~~participating provider or risk contractor. An excluded individual,~~	119455
~~provider, or entity may request a reconsideration of the~~	119456
~~exclusion. The director shall adopt rules in accordance with~~	119457
~~Chapter 119. of the Revised Code governing the process for~~	119458
~~requesting a reconsideration.~~	119459

~~Nothing in this division limits the applicability of section~~	119460
~~5111.06 of the Revised Code to a medicaid provider.~~	119461

~~(E) Any provider of services or goods contracting with the~~	119462
~~department of job and family services pursuant to Title XIX of the~~	119463
~~"Social Security Act," who, without intent, obtains payments under~~	119464
~~this chapter in excess of the amount to which the provider is~~	119465
~~entitled, thereby becomes liable for payment of interest on the~~	119466
~~amount of the excess payments at the maximum real estate mortgage~~	119467
~~rate on the date the payment was made to the provider for the~~	119468
~~period from the date upon which payment was made to the date upon~~	119469
~~which repayment is made to the state.~~	119470

~~(F)~~(E) The attorney general on behalf of the state may	119471
commence proceedings to enforce this section in any court of	119472
competent jurisdiction; and the attorney general may settle or	119473
compromise any case brought under this section with the approval	119474
of the department of ~~job and family services~~medicaid.	119475
Notwithstanding any other provision of law providing a shorter	119476
period of limitations, the attorney general may commence a	119477
proceeding to enforce this section at any time within six years	119478
after the conduct in violation of this section terminates.	119479

~~(G) The authority, under state and federal law, of the~~	119480
~~department of job and family services or a county department of~~	119481
~~job and family services to recover excess payments made to a~~	119482
~~provider is not limited by the availability of remedies under~~	119483
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	119484
~~benefits paid on behalf of recipients of medical assistance.~~	119485

~~The penalties under this chapter apply to any overpayment,~~	119486
~~billing, or falsification occurring on and after April 24, 1978.~~	119487
(F) All moneys collected by the state pursuant to this section	119488
shall be deposited in the state treasury to the credit of the	119489
general revenue fund.	119490

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

119491

(1) "~~Creditable~~Credible allegation of fraud" has the same	119492
meaning as in 42 C.F.R. 455.2, except that for purposes of this	119493
section any reference in that regulation to the "state" or the	119494
"state medicaid agency" means the department of ~~job and family~~	119495
~~services~~medicaid.	119496

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	119497
~~the Revised Code.~~	119498

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	119499
5164.37 of the Revised Code.	119500

(B)(1) Except as provided in division (C) of this section and	119501
in rules ~~adopted~~authorized by ~~the department of job and family~~	119502
~~services under division (J) of~~ this section, on determining there	119503
is a ~~creditable~~credible allegation of fraud for which an	119504
investigation is pending under the medicaid program against a	119505
medicaid provider, the department of medicaid shall suspend the	119506
provider agreement held by the provider. Subject to division (C)	119507
of this section, the department shall also terminate medicaid	119508
~~reimbursement~~payments to the provider for services rendered.	119509

(2)(a) The suspension shall continue in effect until either	119510
of the following is the case:	119511

(i) The department or a prosecuting authority determines that	119512
there is insufficient evidence of fraud by the medicaid provider;	119513

(ii) The proceedings in any related criminal case are	119514
completed through dismissal of the indictment or through	119515
conviction, entry of a guilty plea, or finding of not guilty.	119516

(b) If the department commences a process to terminate the	119517
suspended provider agreement, the suspension shall also continue	119518
in effect until the termination process is concluded.	119519

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	119520
~~department is not required to take action under division (B)(1) of~~	119521
~~this section by issuing an order pursuant to an adjudication in~~	119522
~~accordance with Chapter 119. of the Revised Code.~~	119523

~~(4)~~ When subject to a suspension under this section, a	119524
medicaid provider, owner, officer, authorized agent, associate,	119525
manager, or employee shall not own or provide services to any	119526
other medicaid provider or risk contractor or arrange for, render,	119527
or order services to any other medicaid provider or risk	119528
contractor or arrange for, render, or order services for medicaid	119529
recipients during the period of suspension. During the period of	119530
suspension, the provider, owner, officer, authorized agent,	119531
associate, manager, or employee shall not receive ~~reimbursement in~~	119532
~~the form of~~ direct payments ~~from the department~~under the medicaid	119533
program or indirect payments of medicaid funds in the form of	119534
salary, shared fees, contracts, kickbacks, or rebates from or	119535
through any ~~participating~~other medicaid provider or risk	119536
contractor.	119537

(C) The department shall not suspend a provider agreement or	119538
terminate medicaid ~~reimbursement~~payments under division (B) of	119539
this section if the medicaid provider or owner can demonstrate	119540
through the submission of written evidence that the provider or	119541
owner did not directly or indirectly sanction the action of its	119542
authorized agent, associate, manager, or employee that resulted in	119543
the ~~creditable~~credible allegation of fraud.	119544

(D) The termination of medicaid ~~reimbursement~~payment under	119545
division (B) of this section applies only to payments for medicaid	119546
services rendered subsequent to the date on which the notice	119547
required by division (E) of this section is sent. Claims for	119548
~~reimbursement~~payment of medicaid services rendered by the	119549
medicaid provider prior to the issuance of the notice may be	119550
subject to prepayment review procedures whereby the department	119551
reviews claims to determine whether they are supported by	119552
sufficient documentation, are in compliance with state and federal	119553
statutes and rules, and are otherwise complete.	119554

(E) After suspending a provider agreement under division (B)	119555
of this section, the department shall, as specified in 42 C.F.R.	119556
455.23(b), send notice of the suspension to the affected medicaid	119557
provider or owner in accordance with the following timeframes:	119558

(1) Not later than five days after the suspension, unless a	119559
law enforcement agency makes a written request to temporarily	119560
delay the notice;	119561

(2) If a law enforcement agency makes a written request to	119562
temporarily delay the notice, not later than thirty days after the	119563
suspension occurs subject to the conditions specified in division	119564
(F) of this section.	119565

(F) A written request for a temporary delay described in	119566
division (E)(2) of this section may be renewed in writing by a law	119567
enforcement agency not more than two times except that under no	119568
circumstances shall the notice be issued more than ninety days	119569
after the suspension occurs.	119570

(G) The notice required by division (E) of this section shall	119571
do all of the following:	119572

(1) State that payments are being suspended in accordance	119573
with this section and 42 C.F.R. 455.23;	119574

(2) Set forth the general allegations related to the nature	119575
of the conduct leading to the suspension, except that it is not	119576
necessary to disclose any specific information concerning an	119577
ongoing investigation;	119578

(3) State that the suspension continues to be in effect until	119579
either of the following is the case:	119580

(a) The department or a prosecuting authority determines that	119581
there is insufficient evidence of fraud by the provider;	119582

(b) The proceedings in any related criminal case are	119583
completed through dismissal of the indictment or through	119584
conviction, entry of a guilty plea, or finding of not guilty and,	119585
if the department commences a process to terminate the suspended	119586
provider agreement, until the termination process is concluded.	119587

(4) Specify, if applicable, the type or types of medicaid	119588
claims or business units of the medicaid provider that are	119589
affected by the suspension;	119590

(5) Inform the medicaid provider or owner of the opportunity	119591
to submit to the department, not later than thirty days after	119592
receiving the notice, a request for reconsideration of the	119593
suspension in accordance with division (H) of this section.	119594

(H)(1) Pursuant to the procedure specified in division (H)(2)	119595
of this section, a medicaid provider or owner subject to a	119596
suspension under this section may request a reconsideration of the	119597
suspension. The request shall be made not later than thirty days	119598
after receipt of a notice required by division (E) of this	119599
section. The reconsideration is not subject to an adjudication	119600
hearing pursuant to Chapter 119. of the Revised Code.	119601

(2) In requesting a reconsideration, the medicaid provider or	119602
owner shall submit written information and documents to the	119603
department. The information and documents may pertain to any of	119604
the following issues:	119605

(a) Whether the determination to suspend the provider	119606
agreement was based on a mistake of fact, other than the validity	119607
of an indictment in a related criminal case.	119608

(b) If there has been an indictment in a related criminal	119609
case, whether any offense charged in the indictment resulted from	119610
an offense specified in division (E) of section ~~5111.031~~5164.37	119611
of the Revised Code.	119612

(c) Whether the provider or owner can demonstrate that the	119613
provider or owner did not directly or indirectly sanction the	119614
action of its authorized agent, associate, manager, or employee	119615
that resulted in the suspension under this section or an	119616
indictment in a related criminal case.	119617

(I) The department shall review the information and documents	119618
submitted in a request made under division (H) of this section for	119619
reconsideration of a suspension. After the review, the suspension	119620
may be affirmed, reversed, or modified, in whole or in part. The	119621
department shall notify the affected provider or owner of the	119622
results of the review. The review and notification of its results	119623
shall be completed not later than forty-five days after receiving	119624
the information and documents submitted in a request for	119625
reconsideration.	119626

(J) ~~The department may adopt rules in accordance with Chapter~~	119627
~~119. of the Revised Code to implement this section. The rules~~	119628
Rules adopted under section 5164.02 of the Revised Code may	119629
specify circumstances under which the department would not suspend	119630
a provider agreement pursuant to this section.	119631

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

119632

(1) "Independent provider" has the same meaning as in section	119633
~~5111.034~~5164.341 of the Revised Code.	119634

(2) ~~"Intermediate care facility for the mentally retarded"~~	119635
~~and "nursing facility" have the same meanings as in section~~	119636
~~5111.20 of the Revised Code.~~	119637

~~(3)~~ "Noninstitutional medicaid provider" means any person or	119638
entity with a ~~medicaid~~ provider agreement other than a hospital,	119639
nursing facility, or ~~intermediate care facility for the mentally~~	119640
~~retarded~~ICF/IID.	119641

~~(4)~~(3) "Owner" means any person having at least five per cent	119642
ownership in a noninstitutional medicaid provider.	119643

(B) Notwithstanding any provision of this chapter to the	119644
contrary, the department of ~~job and family services~~medicaid shall	119645
take action under this section against a noninstitutional medicaid	119646
provider or its owner, officer, authorized agent, associate,	119647
manager, or employee.	119648

(C) Except as provided in division (D) of this section and in	119649
rules ~~adopted~~authorized by ~~the department under division (H) of~~	119650
this section, on receiving notice and a copy of an indictment that	119651
is issued on or after September 29, 2007, and charges a	119652
noninstitutional medicaid provider or its owner, officer,	119653
authorized agent, associate, manager, or employee with committing	119654
an offense specified in division (E) of this section, the	119655
department shall suspend the provider agreement held by the	119656
noninstitutional medicaid provider. Subject to division (D) of	119657
this section, the department shall also terminate medicaid	119658
~~reimbursement~~payments to the provider for medicaid services	119659
rendered.	119660

The suspension shall continue in effect until the proceedings	119661
in the criminal case are completed through dismissal of the	119662
indictment or through conviction, entry of a guilty plea, or	119663
finding of not guilty. If the department commences a process to	119664
terminate the suspended provider agreement, the suspension shall	119665
also continue in effect until the termination process is	119666
concluded.	119667

~~Pursuant to section 5111.06 of the Revised Code, the~~	119668
~~department is not required to take action under this division by~~	119669
~~issuing an order pursuant to an adjudication conducted in~~	119670
~~accordance with Chapter 119. of the Revised Code.~~	119671

When subject to a suspension under this division, a provider,	119672
owner, officer, authorized agent, associate, manager, or employee	119673
shall not own or provide medicaid services to any other medicaid	119674
provider or risk contractor or arrange for, render, or order	119675
medicaid services for medicaid recipients during the period of	119676
suspension. During the period of suspension, the provider, owner,	119677
officer, authorized agent, associate, manager, or employee shall	119678
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	119679
under the ~~department~~medicaid program or indirect payments of	119680
medicaid funds in the form of salary, shared fees, contracts,	119681
kickbacks, or rebates from or through any ~~participating~~other	119682
medicaid provider or risk contractor.	119683

(D)(1) The department shall not suspend a provider agreement	119684
or terminate medicaid ~~reimbursement~~payments under division (C) of	119685
this section if the provider or owner can demonstrate through the	119686
submission of written evidence that the provider or owner did not	119687
directly or indirectly sanction the action of its authorized	119688
agent, associate, manager, or employee that resulted in the	119689
indictment.	119690

(2) The termination of medicaid ~~reimbursement~~payments	119691
applies only to payments for medicaid services rendered subsequent	119692
to the date on which the notice required under division (F) of	119693
this section is sent. Claims for ~~reimbursement~~payment for	119694
medicaid services rendered by the provider prior to the issuance	119695
of the notice may be subject to prepayment review procedures	119696
whereby the department reviews claims to determine whether they	119697
are supported by sufficient documentation, are in compliance with	119698
state and federal statutes and rules, and are otherwise complete.	119699

(E)(1) In the case of a noninstitutional medicaid provider	119700
that is not an independent provider, the suspension of a provider	119701
agreement under division (C) of this section applies when an	119702
indictment charges a person with committing an act that would be a	119703
felony or misdemeanor under the laws of this state and the act	119704
relates to or results from either of the following:	119705

(a) Furnishing or billing for ~~medical care,~~medicaid	119706
services~~, or supplies~~ under the medicaid program;	119707

(b) Participating in the performance of management or	119708
administrative services relating to furnishing ~~medical care,~~	119709
medicaid services~~, or supplies~~ under the medicaid program.	119710

(2) In the case of a noninstitutional medicaid provider that	119711
is an independent provider, the suspension of a provider agreement	119712
under division (C) of this section applies when an indictment	119713
charges a person with committing an act that would constitute a	119714
disqualifying offense as defined in section ~~5111.032~~5164.34 of	119715
the Revised Code.	119716

(F) Not later than five days after suspending a provider	119717
agreement under division (C) of this section, the department shall	119718
send notice of the suspension to the affected provider or owner.	119719
In providing the notice, the department shall do all of the	119720
following:	119721

(1) Describe the indictment that was the cause of the	119722
suspension, without necessarily disclosing specific information	119723
concerning any ongoing civil or criminal investigation;	119724

(2) State that the suspension will continue in effect until	119725
the proceedings in the criminal case are completed through	119726
dismissal of the indictment or through conviction, entry of a	119727
guilty plea, or finding of not guilty and, if the department	119728
commences a process to terminate the suspended provider agreement,	119729
until the termination process is concluded;	119730

(3) Inform the provider or owner of the opportunity to submit	119731
to the department, not later than thirty days after receiving the	119732
notice, a request for a reconsideration pursuant to division (G)	119733
of this section.	119734

(G)(1) Pursuant to the procedure specified in division (G)(2)	119735
of this section, a noninstitutional medicaid provider or owner	119736
subject to a suspension under this section may request a	119737
reconsideration. The request shall be made not later than thirty	119738
days after receipt of the notice provided under division (F) of	119739
this section. The reconsideration is not subject to an	119740
adjudication hearing pursuant to Chapter 119. of the Revised Code.	119741

(2) In requesting a reconsideration, the provider or owner	119742
shall submit written information and documents to the department.	119743
The information and documents may pertain to any of the following	119744
issues:	119745

(a) Whether the determination to suspend the provider	119746
agreement was based on a mistake of fact, other than the validity	119747
of the indictment;	119748

(b) Whether any offense charged in the indictment resulted	119749
from an offense specified in division (E) of this section;	119750

(c) Whether the provider or owner can demonstrate that the	119751
provider or owner did not directly or indirectly sanction the	119752
action of its authorized agent, associate, manager, or employee	119753
that resulted in the indictment.	119754

(3) The department shall review the information and documents	119755
submitted in a request for reconsideration. After the review, the	119756
suspension may be affirmed, reversed, or modified, in whole or in	119757
part. The department shall notify the affected provider or owner	119758
of the results of the review. The review and notification of its	119759
results shall be completed not later than forty-five days after	119760
receiving the information and documents submitted in a request for	119761
reconsideration.	119762

(H) ~~The department may adopt rules in accordance with Chapter~~	119763
~~119. of the Revised Code to implement this section. The rules~~	119764
Rules adopted under section 5164.02 of the Revised Code may	119765
specify circumstances under which the department would not suspend	119766
a provider agreement pursuant to this section.	119767

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	119768
~~sections 5111.061 and 5111.063 of the Revised Code~~:	119769

~~(a) "Provider" means any person, institution, or entity that~~	119770
~~furnishes medicaid services under a provider agreement with the~~	119771
~~department of job and family services pursuant to Title XIX of the~~	119772
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	119773
~~amended.~~	119774

~~(b) "Party" has the same meaning as in division (G) of~~	119775
~~section 119.01 of the Revised Code.~~	119776

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	119777
of section 119.01 of the Revised Code.	119778

(2) "Party" has the same meaning as in division (G) of	119779
section 119.01 of the Revised Code.	119780

(3) "Revalidate" means to approve a medicaid provider's	119781
continued enrollment as a medicaid provider in accordance with the	119782
revalidation process established in rules authorized by section	119783
5164.32 of the Revised Code.	119784

(B) This section does not apply to either of the following:

119785

~~(a)~~(1) Any action taken or decision made by the department of	119786
~~job and family services~~medicaid with respect to entering into or	119787
refusing to enter into a contract with a managed care organization	119788
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	119789

~~(b)~~(2) Any action taken by the department under sections	119790
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	119791

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	119792
and section ~~5111.914~~5164.58 of the Revised Code, the department	119793
shall do ~~either~~any of the following by issuing an order pursuant	119794
to an adjudication conducted in accordance with Chapter 119. of	119795
the Revised Code:	119796

(1) ~~Enter into or refuse~~Refuse to enter into a provider	119797
agreement with a medicaid provider~~, or suspend,~~;	119798

(2) Refuse to revalidate a medicaid provider's provider	119799
agreement;	119800

(3) Suspend or terminate~~, renew, or refuse to renew an~~	119801
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	119802

~~(2)~~(4) Take any action based upon a final fiscal audit of a	119803
medicaid provider.	119804

~~(C)~~(D) Any party who is adversely affected by the issuance of	119805
an adjudication order under division ~~(B)~~(C) of this section may	119806
appeal to the court of common pleas of Franklin county in	119807
accordance with section 119.12 of the Revised Code.	119808

~~(D)~~(E) The department is not required to comply with division	119809
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	119810
following occur:	119811

(1) The terms of a provider agreement require the medicaid	119812
provider to hold a license, permit, or certificate or maintain a	119813
certification issued by an official, board, commission,	119814
department, division, bureau, or other agency of state or federal	119815
government other than the department of ~~job and family services~~	119816
medicaid, and the license, permit, certificate, or certification	119817
has been denied, revoked, not renewed, suspended, or otherwise	119818
limited.	119819

(2) The terms of a provider agreement require the medicaid	119820
provider to hold a license, permit, or certificate or maintain	119821
certification issued by an official, board, commission,	119822
department, division, bureau, or other agency of state or federal	119823
government other than the department of ~~job and family services~~	119824
medicaid, and the provider has not obtained the license, permit,	119825
certificate, or certification.	119826

(3) The medicaid provider's application for a provider	119827
agreement is denied, or the provider's provider agreement is	119828
terminated, or not ~~renewed due~~revalidated, because of or	119829
pursuant to ~~the~~any of the following:	119830

(a) The termination, refusal to renew, or denial of a	119831
license, permit, certificate, or certification by an official,	119832
board, commission, department, division, bureau, or other agency	119833
of this state other than the department of ~~job and family services~~	119834
medicaid, notwithstanding the fact that the provider may hold a	119835
license, permit, certificate, or certification from an official,	119836
board, commission, department, division, bureau, or other agency	119837
of another state.	119838

~~(4) The provider agreement is denied, terminated, or not~~	119839
~~renewed pursuant to division (C)~~;	119840

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	119841
Revised Code.	119842

~~(5) The provider agreement is denied, terminated, or not~~	119843
~~renewed due to the~~;	119844

(c) The provider's termination, suspension, or exclusion from	119845
the medicare program ~~established under Title XVIII of the "Social~~	119846
~~Security Act"~~ or from another state's medicaid program and, in	119847
either case, the termination, suspension, or exclusion is binding	119848
on the provider's participation in the medicaid program in this	119849
state.	119850

~~(6) The provider agreement is denied, terminated, or not~~	119851
~~renewed due to the~~;	119852

(d) The provider's pleading guilty to or being convicted of a	119853
criminal activity materially related to either the medicare or	119854
medicaid program;	119855

(e) The provider or its owner, officer, authorized agent,	119856
associate, manager, or employee having been convicted of one of	119857
the offenses that caused the provider's provider agreement to be	119858
suspended pursuant to section 5164.36 of the Revised Code;	119859

(f) The provider's failure to provide the department the	119860
national provider identifier assigned the provider by the national	119861
provider system pursuant to 45 C.F.R. 162.408.	119862

~~(7)~~(4) The medicaid provider's application for a provider	119863
agreement is denied, or the provider's provider agreement is	119864
terminated, or suspended, as a result of action by the United	119865
States department of health and human services and that action is	119866
binding on the provider's medicaid participation ~~in the medicaid~~	119867
~~program~~.	119868

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	119869
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	119870
provider agreement is suspended and payments to the provider are	119871
suspended pending indictment of the provider.	119872

~~(9) The provider agreement is denied, terminated, or not~~	119873
~~renewed because the provider or its owner, officer, authorized~~	119874
~~agent, associate, manager, or employee has been convicted of one~~	119875
~~of the offenses that caused the provider agreement to be suspended~~	119876
~~pursuant to section 5111.031 of the Revised Code.~~	119877

~~(10)~~(6) The medicaid provider's application for a provider	119878
agreement is denied because the provider's application was not	119879
complete;	119880

(7) The medicaid provider's provider agreement is converted	119881
under section ~~5111.028~~5164.32 of the Revised Code from a	119882
provider agreement that is not time-limited to a provider	119883
agreement that is time-limited.	119884

~~(11) The provider agreement is terminated or an application~~	119885
~~for re-enrollment is denied because the provider has failed to~~	119886
~~apply for re-enrollment within the time or in the manner specified~~	119887
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	119888
facility or ICF/IID, the provider's provider agreement is not	119889
revalidated pursuant to division (B)(1) of section ~~5111.028~~	119890
5164.32 of the Revised Code.	119891

~~(12)~~(9) The medicaid provider's provider agreement is	119892
suspended or, terminated, or ~~an application for enrollment or~~	119893
~~re-enrollment is denied, for any~~not revalidated because of either	119894
of the following:	119895

(a) Any reason authorized or required by one or more of the	119896
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	119897
455.450.	119898

~~(13) The provider agreement is terminated or not renewed~~	119899
~~because the~~;	119900

(b) The provider has not billed or otherwise submitted a	119901
medicaid claim ~~to the department~~ for two years or longer.	119902

~~(14) The provider agreement is denied, terminated, or not~~	119903
~~renewed because the provider fails to provide to the department~~	119904
~~the national provider identifier assigned the provider by the~~	119905
~~national provider system pursuant to 45 C.F.R. 162.408.~~	119906

(F) In the case of a medicaid provider described in division	119907
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	119908
department may take its ~~proposed~~ action ~~against a provider~~	119909
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	119910
the provider. The notice shall be sent to the medicaid provider's	119911
address on record with the department. The notice may be sent by	119912
regular mail.	119913

~~(E)~~(G) The department may withhold payments for medicaid	119914
services rendered by a medicaid provider ~~under the medicaid~~	119915
~~program~~ during the pendency of proceedings initiated under	119916
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	119917
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	119918
section, the department may withhold payments only to the extent	119919
that they equal amounts determined in a final fiscal audit as	119920
being due the state. This division does not apply if the	119921
department fails to comply with section 119.07 of the Revised	119922
Code, requests a continuance of the hearing, or does not issue a	119923
decision within thirty days after the hearing is completed. This	119924
division does not apply to nursing facilities and ~~intermediate~~	119925
~~care facilities for the mentally retarded as defined in section~~	119926
~~5111.20 of the Revised Code~~ICFs/IID.	119927

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	119928
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	119929
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	119930
~~this chapter~~state statute governing the medicaid program that	119931
requires the department to give notice of an opportunity for a	119932
hearing in accordance with Chapter 119. of the Revised Code, if	119933
the department gives notice of the opportunity for a hearing but	119934
the medicaid provider or other entity subject to the notice does	119935
not request a hearing or timely request a hearing in accordance	119936
with section 119.07 of the Revised Code, the department is not	119937
required to hold a hearing. The medicaid director ~~of job and~~	119938
~~family service~~ may proceed by issuing a final adjudication order	119939
in accordance with Chapter 119. of the Revised Code.	119940

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	119941
~~services~~medicaid may contract with any person or persons as a	119942
fiscal agent for the examination, processing, and determination of	119943
~~medical assistance~~medicaid claims ~~under this chapter~~. The	119944
contracting party may provide any of the following services, as	119945
required by the contract:	119946

(1) Design and operate medicaid management information	119947
systems, including the provision of data processing services;	119948

(2) Determine the amounts of payments to be made upon claims	119949
for ~~medical assistance~~medicaid;	119950

(3) Prepare and furnish to the department lists and computer	119951
tapes of such claims for payment;	119952

(4) In addition to audits which may be conducted by the	119953
department and by the auditor of state, make audits of providers	119954
and the claims of medicaid providers ~~of medical assistance~~	119955
according to the standards set forth in the contract;	119956

(5) Assist medicaid providers ~~of medical assistance~~ in the	119957
development of procedures relating to utilization practices, make	119958
studies of the effectiveness of such procedures and methods for	119959
their improvement, implement and enforce standards of medical	119960
policy, and assist in the application of safeguards against	119961
unnecessary utilization;	119962

(6) Assist any institution, facility, or agency to qualify as	119963
a medicaid provider ~~of medical assistance~~;	119964

(7) Establish and maintain fiscal records for the ~~medical~~	119965
~~assistance~~medicaid program;	119966

(8) Perform statistical and research studies;

119967

(9) Develop and implement programs for ~~medical assistance~~	119968
medicaid cost containment;	119969

(10) Perform such other duties as are necessary to carry out	119970
the ~~medical assistance~~medicaid program.	119971

(B) The department ~~of job and family services~~ may contract	119972
with any person or persons as an insuring agent for the	119973
examination, processing, and determination of ~~medical assistance~~	119974
medicaid claims, as provided in division (A) of this section, and	119975
for the payment of ~~medical assistance~~medicaid claims through an	119976
underwritten program in which the state pays the insuring agent a	119977
monthly premium and the insuring agent pays for ~~medical~~medicaid	119978
services ~~authorized under the state's medical assistance program~~.	119979
The person with whom the department contracts, with respect to the	119980
awarding, provisions, and performance of such contract, shall not	119981
be subject to the provisions of Title XXXIX of the Revised Code or	119982
to regulation by the department of insurance, nor to taxation as	119983
an insurance company pursuant to section 5725.18 or 5729.03 of the	119984
Revised Code. A contract with an insuring agent shall specify the	119985
qualifications, including capital and surplus requirements, and	119986
other conditions with which the insuring agent must comply.	119987

(C) In entering into a contract under this section, the	119988
department, in cooperation with the director of budget and	119989
management, shall determine that the contracting party is	119990
qualified to perform the required services and shall follow	119991
applicable procedures required of the department of administrative	119992
services in sections 125.07 to 125.11 of the Revised Code. A	119993
contract shall be awarded to the bidder who, with due	119994
consideration to the bidder's experience and financial capability,	119995
offers the lowest and best bid to the state for control of the	119996
costs of the ~~medical assistance~~medicaid program consistent with	119997
meeting the obligations under that program for fair and equitable	119998
treatment of medicaid recipients and medicaid providers ~~of medical~~	119999
~~services~~. Any arrangement whereby funds are paid to an insuring or	120000
fiscal agent for administrative functions under this section	120001
shall, for the purposes of section 125.081 of the Revised Code, be	120002
deemed to be a contract or purchase by the department of	120003
administrative services; however, money to be used by an insuring	120004
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	120005
~~state's medical assistance program~~ shall not be deemed a contract	120006
or purchase within the meaning of such section.	120007

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	120008
"electronic claims submission process" means any of the following:	120009

(1) Electronic interchange of data;

120010

(2) Direct entry of data through an internet-based mechanism	120011
implemented by the department of ~~job and family services~~medicaid;	120012

(3) Any other process for the electronic submission of claims	120013
that is specified in rules adopted under ~~this~~ section 5162.02 of	120014
the Revised Code.	120015

(B) Not later than January 1, 2013, and except as provided in	120016
division (C) of this section, each medicaid provider ~~of services~~	120017
~~to medicaid recipients~~ shall do both of the following:	120018

(1) Use only an electronic claims submission process to	120019
submit to the department of ~~job and family services~~medicaid	120020
claims for medicaid ~~reimbursement~~payment for medicaid services	120021
provided to medicaid recipients;	120022

(2) Arrange to receive medicaid ~~reimbursement~~payment from	120023
the department by means of electronic funds transfer.	120024

(C) Division (B) of this section does not apply to any of the	120025
following:	120026

(1) A nursing facility~~, as defined in section 5111.20 of the~~	120027
~~Revised Code~~;	120028

(2) An ~~intermediate care facility for the mentally retarded,~~	120029
~~as defined in section 5111.20 of the Revised Code~~ICF/IID;	120030

(3) A medicaid managed care organization ~~under contract with~~	120031
~~the department pursuant to section 5111.17 of the Revised Code~~;	120032

(4) Any other medicaid provider or type of medicaid provider	120033
designated in rules adopted under ~~this~~ section 5162.02 of the	120034
Revised Code.	120035

(D) The department shall not process a medicaid claim	120036
submitted on or after January 1, 2013, unless the claim is	120037
submitted through an electronic claims submission process in	120038
accordance with this section.	120039

~~(E) The director of job and family services may adopt rules~~	120040
~~in accordance with Chapter 119. of the Revised Code as the~~	120041
~~director considers necessary to implement this section.~~	120042

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

120043

~~(1) "Federal financial participation" means the federal~~	120044
~~government's share of expenditures made by an entity in~~	120045
~~implementing the medicaid program.~~	120046

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	120047
known as the Ohio children's hospital solutions for patient	120048
safety, which was formed for the purpose of improving pediatric	120049
patient care in this state, which performs functions that are	120050
included within the functions of a peer review committee as	120051
defined in section 2305.25 of the Revised Code, and which consists	120052
of all of the following members: Akron children's hospital,	120053
Cincinnati children's hospital medical center, Cleveland clinic	120054
children's hospital, Dayton children's medical center, mercy	120055
children's hospital, nationwide children's hospital, rainbow	120056
babies & children's hospital, and Toledo children's hospital.	120057

(B) If, as authorized by section ~~5101.10~~5160.10 of the	120058
Revised Code, the ~~department of job and family services~~medicaid	120059
director chooses to contract with a person to perform either or	120060
both of the following services, itthe director may contract with	120061
any qualified person, including OCHSPS, to perform the service or	120062
services on ~~the department's~~ behalf of the department of medicaid:	120063

(1) Review and analyze claims for ~~medical assistance made~~	120064
~~under this chapter~~medicaid services provided to children in	120065
accordance with all state and federal laws governing the	120066
confidentiality of patient-identifying information;	120067

(2) Perform quality assurance and quality review functions,	120068
other than those described in division (B)(1) of this section,	120069
related to ~~medical assistance made under this chapter~~medicaid	120070
services provided to children.	120071

The functions specified in division (B)(2) of this section	120072
may include those recommended by the best evidence for advancing	120073
child health in Ohio now (BEACON) council.	120074

(C) If the ~~department~~director enters into a contract with	120075
OCHSPS for OCHSPS to perform either or both of the services	120076
described in division (B) of this section, OCHSPS shall, only for	120077
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	120078
considered a public entity and the ~~department~~director shall seek	120079
federal financial participation for costs incurred by OCHSPS in	120080
performing the service or services.	120081

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	120082
~~family services~~ may ~~submit a medicaid state plan amendment or~~	120083
~~request for a federal waiver to the United States secretary of~~	120084
~~health and human services as necessary to~~ implement~~, at the~~	120085
~~director's discretion,~~ a system under which medicaid payments for	120086
~~medical assistance provided under the~~ medicaid ~~program~~services	120087
are made to an organization on behalf of ~~the~~medicaid providers of	120088
~~the medical assistance~~. The system may not provide for an	120089
organization to receive an amount that exceeds, in aggregate, the	120090
amount the ~~department~~medicaid program would have paid directly to	120091
~~the~~medicaid providers if not for this section.	120092

Sec. 5164.55. The department of medicaid may conduct final	120093
fiscal audits of medicaid providers in accordance with the	120094
applicable requirements set forth in federal laws and regulations	120095
and determine any amounts the provider may owe the state. When	120096
conducting final fiscal audits, the department shall consider	120097
generally accepted auditing standards, which include the use of	120098
statistical sampling.	120099

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	120100
amount determined to be owed the state by a final fiscal audit	120101
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	120102
the Revised Code, upon the issuance of an adjudication order	120103
pursuant to Chapter 119. of the Revised Code that contains a	120104
finding that there is a preponderance of the evidence that ~~the~~a	120105
medicaid provider will liquidate assets or file bankruptcy in	120106
order to prevent payment of the amount determined to be owed the	120107
state, becomes a lien upon the real and personal property of the	120108
provider. Upon failure of the provider to pay the amount to the	120109
state, the medicaid director ~~of job and family services~~ shall file	120110
notice of the lien, for which there shall be no charge, in the	120111
office of the county recorder of the county in which it is	120112
ascertained that the provider owns real or personal property. The	120113
director shall notify the provider by mail of the lien, but	120114
absence of proof that the notice was sent does not affect the	120115
validity of the lien. The lien is not valid as against the claim	120116
of any mortgagee, pledgee, purchaser, judgment creditor, or other	120117
lienholder of record at the time the notice is filed.	120118

If the provider acquires real or personal property after	120119
notice of the lien is filed, the lien shall not be valid as	120120
against the claim of any mortgagee, pledgee, subsequent bona fide	120121
purchaser for value, judgment creditor, or other lienholder of	120122
record to such after-acquired property unless the notice of lien	120123
is refiled after the property is acquired by the provider and	120124
before the competing lien attaches to the after-acquired property	120125
or before the conveyance to the subsequent bona fide purchaser for	120126
value.	120127

When the amount has been paid, the provider may record with	120128
the recorder notice of the payment. For recording such notice of	120129
payment, the recorder shall charge and receive from the provider a	120130
base fee of one dollar for services and a housing trust fund fee	120131
of one dollar pursuant to section 317.36 of the Revised Code.	120132

In the event of a distribution of athe provider's assets	120133
pursuant to an order of any court under the law of this state	120134
including any receivership, assignment for benefit of creditors,	120135
adjudicated insolvency, or similar proceedings, amounts then or	120136
thereafter due the state under ~~this chapter~~the medicaid program	120137
have the same priority as provided by law for the payment of taxes	120138
due the state and shall be paid out of the receivership trust fund	120139
or other such trust fund in the same manner as provided for claims	120140
for unpaid taxes due the state.	120141

If the attorney general finds after investigation that any	120142
amount due the state under ~~this chapter~~the medicaid program is	120143
uncollectable, in whole or in part, the attorney general shall	120144
recommend to the director the cancellation of all or part of the	120145
claim. The director may thereupon effect the cancellation.	120146

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	120147
"adjudication" has the same meaning as in section 119.01 of the	120148
Revised Code.	120149

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	120150
section, the department of ~~job and family services~~medicaid may	120151
recover a medicaid payment or portion of a payment made to a	120152
medicaid provider to which the provider is not entitled if the	120153
department notifies the provider of the overpayment during the	120154
five-year period immediately following the end of the state fiscal	120155
year in which the overpayment was made.	120156

(2) In the case of a hospital medicaid provider, if the	120157
department determines as a result of a medicare or medicaid cost	120158
report settlement that the provider received an amount under the	120159
medicaid program to which the provider is not entitled, the	120160
department may recover the overpayment if the department notifies	120161
the provider of the overpayment during the later of the following:	120162

(a) The five-year period immediately following the end of the	120163
state fiscal year in which the overpayment was made;	120164

(b) The one-year period immediately following the date the	120165
department receives from the United States centers for medicare	120166
and medicaid services a completed, audited, medicare cost report	120167
for the provider that applies to the state fiscal year in which	120168
the overpayment was made.	120169

~~(B)~~(C) Among the overpayments that may be recovered under	120170
this section are the following:	120171

(1) Payment for a medicaid service, or a day of service, not	120172
rendered;	120173

(2) Payment for a day of service at a full per diem rate that	120174
should have been paid at a percentage of the full per diem rate;	120175

(3) Payment for a medicaid service, or day of service, that	120176
was paid by, or partially paid by, a third party, as defined in	120177
section ~~5101.571~~5160.35 of the Revised Code, and the third	120178
party's payment or partial payment was not offset against the	120179
amount paid by the medicaid program to reduce or eliminate the	120180
amount that was paid by the medicaid program;	120181

(4) Payment when a medicaid recipient's responsibility for	120182
payment was understated and resulted in an overpayment to the	120183
provider.	120184

~~(C)~~(D) The department may recover an overpayment under this	120185
section prior to or after any of the following:	120186

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	120187
5164.38 of the Revised Code requires to be conducted in accordance	120188
with Chapter 119. of the Revised Code;	120189

(2) Adjudication of a finding under any other provision of	120190
~~this chapter~~state statutes governing the medicaid program or the	120191
rules adopted under itthose statutes;	120192

(3) Expiration of the time to issue a final fiscal audit that	120193
section ~~5111.06~~5164.38 of the Revised Code requires to be	120194
conducted in accordance with Chapter 119. of the Revised Code;	120195

(4) Expiration of the time to issue a finding under any other	120196
provision of ~~this chapter~~state statutes governing the medicaid	120197
program or the rules adopted under itthose statutes.	120198

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	120199
recovery of an overpayment under this section does not preclude	120200
the department from subsequently doing the following:	120201

(a) Issuing a final fiscal audit in accordance with Chapter	120202
119. of the Revised Code, as required under section ~~5111.06~~	120203
5164.38 of the Revised Code;	120204

(b) Issuing a finding under any other provision of ~~this~~	120205
~~chapter~~state statutes governing the medicaid program or the rules	120206
adopted under itthose statutes.	120207

(2) A final fiscal audit or finding issued subsequent to the	120208
recovery of an overpayment under this section shall be reduced by	120209
the amount of the prior recovery, as appropriate.	120210

~~(E)~~(F) Nothing in this section limits the department's	120211
authority to recover overpayments pursuant to any other provision	120212
of the Revised Code.	120213

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	120214
~~"provider" has the same meaning as in section 5111.06 of the~~	120215
~~Revised Code.~~	120216

~~(B)~~ If a state agency that enters into a contract with the	120217
department of ~~job and family services~~medicaid under section	120218
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	120219
overpayment has been made to a medicaid provider, the state agency	120220
may commence actions to recover the overpayment on behalf of the	120221
department.	120222

~~(C)~~(B) In recovering an overpayment pursuant to this section,	120223
a state agency shall comply with the following procedures:	120224

(1) The state agency shall attempt to recover the overpayment	120225
by notifying the medicaid provider of the overpayment and	120226
requesting voluntary repayment. Not later than five business days	120227
after notifying the medicaid provider, the state agency shall	120228
notify the department in writing of the overpayment. The state	120229
agency may negotiate a settlement of the overpayment and notify	120230
the department of the settlement. A settlement negotiated by the	120231
state agency is not valid and shall not be implemented until the	120232
department has given its written approval of the settlement.	120233

(2) If the state agency is unable to obtain voluntary	120234
repayment of an overpayment, the agency shall give the medicaid	120235
provider notice of an opportunity for a hearing in accordance with	120236
Chapter 119. of the Revised Code. If the medicaid provider timely	120237
requests a hearing in accordance with section 119.07 of the	120238
Revised Code, the state agency shall conduct the hearing to	120239
determine the legal and factual validity of the overpayment. On	120240
completion of the hearing, the state agency shall submit its	120241
hearing officer's report and recommendation and the complete	120242
record of proceedings, including all transcripts, to the medicaid	120243
director ~~of job and family services~~ for final adjudication. The	120244
director may issue a final adjudication order in accordance with	120245
Chapter 119. of the Revised Code. The state agency shall pay any	120246
attorney's fees imposed under section 119.092 of the Revised Code.	120247
The department of ~~job and family services~~medicaid shall pay any	120248
attorney's fees imposed under section 2335.39 of the Revised Code.	120249

~~(D)~~(C) In any action taken by a state agency under this	120250
section that requires the agency to give notice of an opportunity	120251
for a hearing in accordance with Chapter 119. of the Revised Code,	120252
if the agency gives notice of the opportunity for a hearing but	120253
the medicaid provider subject to the notice does not request a	120254
hearing or timely request a hearing in accordance with section	120255
119.07 of the Revised Code, the agency is not required to hold a	120256
hearing. The agency may request that the medicaid director ~~of job~~	120257
~~and family services~~ issue a final adjudication order in accordance	120258
with Chapter 119. of the Revised Code.	120259

~~(E)~~(D) This section does not preclude the department of ~~job~~	120260
~~and family services~~medicaid from adjudicating a final fiscal	120261
audit under section ~~5111.06~~5164.38 of the Revised Code,	120262
recovering overpayments under section ~~5111.061~~5164.57 of the	120263
Revised Code, or making findings or taking other actions	120264
authorized by ~~this chapter~~state statutes governing the medicaid	120265
program.	120266

Sec. 5164.59. The department of medicaid may deduct from	120267
medicaid payments for medicaid services rendered by a medicaid	120268
provider any amounts the provider owes the state as the result of	120269
incorrect medicaid payments the department has made to the	120270
provider.	120271

Sec. 5164.60. (A) As used in this section, "recovery audit	120272
contractor program" means the program that must be established	120273
under the "Social Security Act," section 1902(a)(42)(B), 42 U.S.C.	120274
1396a(a)(42)(B).	120275

(B) Except as provided in division (C) of this section, any	120276
medicaid provider who, without intent, obtains payments under the	120277
medicaid program in excess of the amount to which the provider is	120278
entitled is liable for payment of interest on the amount of the	120279
excess payments at the maximum interest rate allowable for real	120280
estate mortgages under section 1343.01 of the Revised Code on the	120281
date the payment was made to the provider for the period from the	120282
date on which payment was made to the date on which repayment is	120283
made to the state.	120284

(C) Division (B) of this section does not apply to an excess	120285
payment identified under the recovery audit contractor program if	120286
the medicaid provider who obtains the excess payment repays the	120287
excess payment in full not later than thirty days after receiving	120288
notice of the excess payment.	120289

Sec. 5164.61. The authority, under state and federal law, of	120290
the department of medicaid or a county department of job and	120291
family services to recover excess medicaid payments made to a	120292
medicaid provider is not limited by the availability of remedies	120293
under sections 5162.21 and 5162.23 of the Revised Code for	120294
recovering benefits paid on behalf of medicaid recipients.	120295

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

120296

~~(A)~~ Except as otherwise required by federal statute or	120297
regulation, ~~the department of job and family services shall not~~	120298
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	120299
~~assistance rendered under the program an amount that exceeds~~	120300
medicaid service shall exceed the following:	120301

~~(1)~~(A) If the medicaid provider is a hospital, nursing	120302
facility, or ~~intermediate care facility for the mentally retarded~~	120303
ICF/IID, the limits established under Subpart C of 42 C.F.R. Part	120304
447;	120305

~~(2)~~(B) If the medicaid provider is other than a provider	120306
described in division (A)~~(1)~~ of this section, the authorized	120307
~~reimbursement~~payment limits for the same service under the	120308
medicare program ~~established under Title XVIII of the "Social~~	120309
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	120310

~~(B) Reimbursement for freestanding medical laboratory charges~~	120311
~~shall not exceed the customary and usual fee for laboratory~~	120312
~~profiles.~~	120313

~~(C) The department may deduct from payments for services~~	120314
~~rendered by a medicaid provider under the medicaid program any~~	120315
~~amounts the provider owes the state as the result of incorrect~~	120316
~~medicaid payments the department has made to the provider.~~	120317

~~(D) The department may conduct final fiscal audits in~~	120318
~~accordance with the applicable requirements set forth in federal~~	120319
~~laws and regulations and determine any amounts the provider may~~	120320
~~owe the state. When conducting final fiscal audits, the department~~	120321
~~shall consider generally accepted auditing standards, which~~	120322
~~include the use of statistical sampling.~~	120323

~~(E) The number of days of inpatient hospital care for which~~	120324
~~reimbursement is made on behalf of a medicaid recipient to a~~	120325
~~hospital that is not paid under a diagnostic-related-group~~	120326
~~prospective payment system shall not exceed thirty days during a~~	120327
~~period beginning on the day of the recipient's admission to the~~	120328
~~hospital and ending sixty days after the termination of that~~	120329
~~hospital stay, except that the department may make exceptions to~~	120330
~~this limitation. The limitation does not apply to children~~	120331
~~participating in the program for medically handicapped children~~	120332
~~established under section 3701.023 of the Revised Code.~~	120333

~~(F) The division of any reimbursement between a collaborating~~	120334
~~physician or podiatrist and a clinical nurse specialist, certified~~	120335
~~nurse-midwife, or certified nurse practitioner for services~~	120336
~~performed by the nurse shall be determined and agreed on by the~~	120337
~~nurse and collaborating physician or podiatrist. In no case shall~~	120338
~~reimbursement exceed the payment that the physician or podiatrist~~	120339
~~would have received had the physician or podiatrist provided the~~	120340
~~entire service.~~	120341

Sec. 5164.71. Medicaid payments for freestanding medical	120342
laboratory charges shall not exceed the customary and usual fee	120343
for laboratory profiles.	120344

Sec. 5164.72. The number of days of inpatient hospital care	120345
for which a medicaid payment is made on behalf of a medicaid	120346
recipient to a hospital that is not paid under a	120347
diagnostic-related-group prospective payment system shall not	120348
exceed thirty days during a period beginning on the day of the	120349
recipient's admission to the hospital and ending sixty days after	120350
the termination of that hospital stay, except that the department	120351
of medicaid may make exceptions to this limitation. The limitation	120352
does not apply to children participating in the program for	120353
medically handicapped children established under section 3701.023	120354
of the Revised Code.	120355

Sec. 5164.73. The division of any medicaid payment between a	120356
collaborating physician or podiatrist and a clinical nurse	120357
specialist, certified nurse-midwife, or certified nurse	120358
practitioner for services performed by the nurse shall be	120359
determined and agreed on by the nurse and collaborating physician	120360
or podiatrist. In no case shall the medicaid payment exceed the	120361
medicaid payment that the physician or podiatrist would have	120362
received had the physician or podiatrist provided the entire	120363
service.	120364

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	120365
~~family services~~ shall adopt rules under section 5164.02 of the	120366
Revised Code governing the calculation and payment of, and the	120367
allocation of payments for, graduate medical education costs	120368
associated with medicaid services rendered to medicaid recipients	120369
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	120370
Revised Code, the rules shall provide for ~~reimbursement~~payment	120371
of graduate medical education costs associated with medicaid	120372
services rendered to medicaid recipients, including recipients	120373
enrolled in a medicaid managed care organization ~~under contract~~	120374
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	120375
~~Code~~, that the department of medicaid determines are allowable and	120376
reasonable.	120377

~~If the department requires a managed care organization to pay~~	120378
~~a provider for graduate medical education costs associated with~~	120379
~~the delivery of services to medicaid recipients enrolled in the~~	120380
~~organization, the department shall include in its payment to the~~	120381
~~organization an amount sufficient for the organization to pay such~~	120382
~~costs. If the department does not include in its payments to the~~	120383
~~managed care organization amounts for graduate medical education~~	120384
~~costs of providers, all of the following apply:~~	120385

~~(A) Except as provided in section 5111.191 of the Revised~~	120386
~~Code, the department shall pay the provider for graduate medical~~	120387
~~education costs associated with the delivery of services to~~	120388
~~medicaid recipients enrolled in the organization;~~	120389

~~(B) No provider shall seek reimbursement from the~~	120390
~~organization for such costs;~~	120391

~~(C) The organization is not required to pay providers for~~	120392
~~such costs.~~	120393

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	120394
(B) of this section, the department of ~~job and family services~~	120395
medicaid may deny medicaid payment to a hospital for direct	120396
graduate medical education costs associated with the delivery of	120397
medicaid services to any medicaid recipient if the hospital	120398
refuses without good cause to contract with a medicaid managed	120399
care organization that ~~serves participants in the care management~~	120400
~~system established under section 5111.16 of the Revised Code who~~	120401
~~are required to be enrolled in a managed care organization and the~~	120402
~~managed care organization~~ serves the area in which the hospital is	120403
located.	120404

(B) A hospital is not subject to division (A) of this section	120405
if all of the following are the case:	120406

(1) The hospital is located in a county in which participants	120407
in the care management system are required before January 1, 2006,	120408
to be enrolled in a medicaid managed care organization that is a	120409
health insuring corporation.	120410

(2) The hospital has entered into a contract before January	120411
1, 2006, with at least one health insuring corporation serving the	120412
participants specified in division (B)(1) of this section.	120413

(3) The hospital remains under contract with at least one	120414
health insuring corporation serving participants in the care	120415
management system who are required to be enrolled in a health	120416
insuring corporation.	120417

(C) The medicaid director ~~of job and family services~~ shall	120418
specify in the rules adopted under section ~~5111.19~~5164.02 of the	120419
Revised Code what constitutes good cause for a hospital to refuse	120420
to contract with a medicaid managed care organization.	120421

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	120422
upper reimbursement limit" means the limit established pursuant to	120423
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	120424
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	120425

The medicaid payment for a drug that is subject to a federal	120426
upper reimbursement limit shall not exceed, in the aggregate, the	120427
federal upper reimbursement limit for the drug. ~~The director of~~	120428
~~job and family services shall adopt rules under section 5111.02 of~~	120429
~~the Revised Code as necessary to implement this section.~~	120430

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

120431

~~(1) "State~~, "state maximum allowable cost" means the per unit	120432
amount the ~~department of job and family services reimburses~~	120433
medicaid program pays a terminal distributor of dangerous drugs	120434
for a ~~prescription~~prescribed drug included in the state maximum	120435
allowable cost program established under division (B) of this	120436
section. "State maximum allowable cost" excludes dispensing fees	120437
and copayments, coinsurance, or other cost-sharing charges, if	120438
any.	120439

~~(2) "Terminal distributor of dangerous drugs" has the same~~	120440
~~meaning as in section 4729.01 of the Revised Code.~~	120441

(B) The medicaid director ~~of job and family services~~ shall	120442
establish a state maximum allowable cost program for purposes of	120443
managing ~~reimbursement~~medicaid payments to terminal distributors	120444
of dangerous drugs for ~~prescription~~prescribed drugs identified by	120445
the director pursuant to this division. The director shall do all	120446
of the following with respect to the program:	120447

(1) Identify and create a list of ~~prescription~~ prescribed	120448
drugs to be included in the program.	120449

(2) Update the list of ~~prescription~~prescribed drugs	120450
described in division (B)(1) of this section on a weekly basis.	120451

(3) Review the state maximum allowable cost for each	120452
prescribed drug included on the list described in division (B)(1)	120453
of this section on a weekly basis.	120454

~~(C) The director may adopt rules in accordance with Chapter~~	120455
~~119. of the Revised Code to implement this section.~~	120456

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	120457
every ~~second July thereafter~~even-numbered year, the department	120458
of ~~job and family services~~medicaid shall initiate a ~~private~~	120459
confidential survey of ~~retail pharmacy operations~~the cost of	120460
dispensing drugs incurred by terminal distributors of dangerous	120461
drugs in ~~the~~this state. The survey shall be used as the basis for	120462
establishing ~~a current maximum~~the medicaid program's dispensing	120463
fee for ~~licensed pharmacists who are providers of drugs under this~~	120464
~~chapter. The~~terminal distributors in accordance with section	120465
5164.753 of the Revised Code. The survey shall be completed and	120466
its results published not later than the last day of October of	120467
the year in which it is conducted.	120468

Each terminal distributor that is a provider of drugs under	120469
the medicaid program shall participate in the survey. Except as	120470
necessary to publish the survey's results, a terminal	120471
distributor's responses to the survey are confidential and not a	120472
public record under section 149.43 of the Revised Code.	120473

The survey shall be conducted in conformance with the	120474
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	120475
~~amended or superseded, and~~447.500 to 447.518. The survey shall	120476
include operational data and direct prescription expenses,	120477
professional services and personnel costs, and usual and	120478
customary overhead expenses~~, and profit data~~ of the ~~retail~~	120479
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	120480
~~completed and its results published no later than the last day of~~	120481
~~October of the year in which the survey is conducted, and the~~	120482
survey shall compute and report the cost of dispensing ~~fees~~ on a	120483
basis of the usual and customary charges by ~~retail pharmacies~~	120484
terminal distributors to their customers for dispensing drugs. ~~The~~	120485
~~director of job and family services shall take into account the~~	120486
~~results of the survey in establishing a dispensing fee.~~	120487

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	120488
of every ~~second December thereafter~~even-numbered year, the	120489
medicaid director ~~of job and family services~~ shall establish a	120490
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	120491
~~pharmacists who~~terminal distributors of dangerous drugs that are	120492
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	120493
establishing the dispensing fee, the director shall take into	120494
consideration the results of the survey conducted under section	120495
~~5111.07~~5164.752 of the Revised Code.	120496

The director may reduce the amount of the dispensing fee	120497
provided to a terminal distributor that fails to fully comply with	120498
the requirement of section 5164.752 of the Revised Code that the	120499
distributor participate in the survey. In establishing the amount	120500
of the reduction, the director may take into account the extent to	120501
which the terminal distributor failed to fully participated in the	120502
survey.	120503

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	120504
"dangerous drug" and "manufacturer of dangerous drugs" have the	120505
same meaning as in section 4729.01 of the Revised Code.	120506

(B) The medicaid director ~~of job and family services~~ may	120507
enter into or administer an agreement or cooperative arrangement	120508
with other states to create or join a multiple-state prescription	120509
drug purchasing program for the purpose of negotiating with	120510
manufacturers of dangerous drugs to receive discounts or rebates	120511
for dangerous drugs ~~dispensed under~~covered by the medicaid	120512
program.	120513

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	120514
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	120515
the Revised Code, may establish and implement a supplemental drug	120516
rebate program under which drug manufacturers may be required to	120517
provide the department of ~~job and family services~~medicaid a	120518
supplemental rebate as a condition of having the drug	120519
manufacturers' drug products covered by the medicaid program	120520
without prior approval. The department may receive a supplemental	120521
rebate negotiated under the program for a drug dispensed to a	120522
medicaid recipient pursuant to a prescription or a drug purchased	120523
by a medicaid provider for administration to a medicaid recipient	120524
in the provider's primary place of business. ~~If necessary, the~~	120525
~~director may apply to the United States secretary of health and~~	120526
~~human services for a waiver of federal statutes and regulations to~~	120527
~~establish the supplemental drug rebate program.~~	120528

If the director establishes a supplemental drug rebate	120529
program, the director shall consult with drug manufacturers	120530
regarding the establishment and implementation of the program.	120531

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	120532
or other information regarding a drug rebate agreement or a	120533
supplemental drug rebate agreement for the medicaid program	120534
~~established under Chapter 5111. of the Revised Code~~ that the	120535
department of ~~job and family services~~medicaid receives from a	120536
pharmaceutical manufacturer or creates pursuant to negotiation of	120537
the agreement is not a public record under section 149.43 of the	120538
Revised Code and shall be treated by the department as	120539
confidential information.	120540

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	120541
"licensed health professional authorized to prescribe drugs" has	120542
the same meaning as in section 4729.01 of the Revised Code.	120543

(B) The medicaid director ~~of job and family services~~ may	120544
~~establish an~~acquire or specify technologies to provide	120545
information regarding medicaid recipient eligibility, claims	120546
history, and drug coverage to medicaid providers through	120547
electronic health record and e-prescribing ~~system for the~~	120548
~~medicaid program under which~~applications.	120549

If such technologies are acquired or specified, the	120550
e-prescribing applications shall enable a medicaid provider who	120551
is a licensed health professional authorized to prescribe drugs	120552
~~shall~~to use an electronic system to prescribe a drug for a	120553
medicaid recipient ~~when required to do so by division (C) of this~~	120554
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	120555
is to eliminate the need for such medicaid providers to ~~make~~issue	120556
prescriptions for medicaid recipients by handwriting or telephone.	120557
The ~~e-prescribing system~~technologies acquired or specified by the	120558
director also shall provide such medicaid providers with an	120559
up-to-date, clinically relevant drug information database and a	120560
system of electronically monitoring medicaid recipients' medical	120561
history, drug regimen compliance, and fraud and abuse.	120562

~~(C) If the director establishes an e-prescribing system under~~	120563
~~division (B) of this section, the director shall do all of the~~	120564
~~following:~~	120565

~~(1) Require that a medicaid provider who is a licensed health~~	120566
~~professional authorized to prescribe drugs use the e-prescribing~~	120567
~~system during a fiscal year if the medicaid provider was one of~~	120568
~~the ten medicaid providers who, during the calendar year that~~	120569
~~precedes that fiscal year, issued the most prescriptions for~~	120570
~~medicaid recipients receiving hospital services;~~	120571

~~(2) Before the beginning of each fiscal year, determine the~~	120572
~~ten medicaid providers that issued the most prescriptions for~~	120573
~~medicaid recipients receiving hospital services during the~~	120574
~~calendar year that precedes the upcoming fiscal year and notify~~	120575
~~those medicaid providers that they must use the e-prescribing~~	120576
~~system for the upcoming fiscal year;~~	120577

~~(3) Seek the most federal financial participation available~~	120578
~~for the development and implementation of the e-prescribing~~	120579
~~system.~~	120580

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	120581
~~department of job and family services~~The medicaid director shall	120582
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	120583
of the Revised Code to implement a coordinated services program	120584
for medicaid recipients who are found to have obtained	120585
~~prescription~~prescribed drugs under the medicaid program at a	120586
frequency or in an amount that is not medically necessary. The	120587
program shall be implemented in a manner that is consistent with	120588
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	120589
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	120590
42 C.F.R. 431.54(e).	120591

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	120592
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	120593
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	120594
department of ~~job and family services~~medicaid shall establish an	120595
outpatient drug use review program to assure that prescriptions	120596
obtained by medicaid recipients ~~of medical assistance under this~~	120597
~~chapter~~ are appropriate, medically necessary, and unlikely to	120598
cause adverse medical results.	120599

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	120600
pharmacy and therapeutics committee of the department of ~~job and~~	120601
~~family services~~medicaid. The committee shall assist the	120602
department with developing and maintaining a preferred drug list	120603
for the medicaid program.	120604

The committee shall review and recommend to the medicaid	120605
director ~~of job and family services~~ the drugs that should be	120606
included on the preferred drug list. The recommendations shall be	120607
made based on the evaluation of competent evidence regarding the	120608
relative safety, efficacy, and effectiveness of ~~prescription~~	120609
prescribed drugs within a class or classes of ~~prescription~~	120610
prescribed drugs.	120611

(B) The committee shall consist of ten members and shall be	120612
appointed by the medicaid director ~~of job and family services~~. The	120613
director shall seek recommendations for membership from relevant	120614
professional organizations. A candidate for membership recommended	120615
by a professional organization shall have professional experience	120616
working with medicaid recipients.	120617

The membership of the committee shall include:

120618

(1) Three pharmacists licensed under Chapter 4729. of the	120619
Revised Code;	120620

(2) Two doctors of medicine and two doctors of osteopathy who	120621
hold certificates to practice issued under Chapter 4731. of the	120622
Revised Code, one of whom is a family practice physician;	120623

(3) A registered nurse licensed under Chapter 4723. of the	120624
Revised Code;	120625

(4) A pharmacologist who has a doctoral degree;

120626

(5) A psychiatrist who holds a certificate to practice issued	120627
under Chapter 4731. of the Revised Code and specializes in	120628
psychiatry.	120629

(C) The committee shall elect from among its members a	120630
chairperson. Five committee members constitute a quorum.	120631

The committee shall establish guidelines necessary for the	120632
committee's operation.	120633

The committee may establish one or more subcommittees to	120634
investigate and analyze issues consistent with the duties of the	120635
committee under this section. The subcommittees may submit	120636
proposals regarding the issues to the committee and the committee	120637
may adopt, reject, or modify the proposals.	120638

A vote by a majority of a quorum is necessary to make	120639
recommendations to the director. In the case of a tie, the	120640
chairperson shall decide the outcome.	120641

(D) The director shall act on the committee's recommendations	120642
not later than thirty days after the recommendation is posted on	120643
the department's web site under division (F) of this section. If	120644
the director does not accept a recommendation of the committee,	120645
the director shall present the basis for this determination not	120646
later than fourteen days after making the determination or at the	120647
next scheduled meeting of the committee, whichever is sooner.	120648

(E) An interested party may request, and shall be permitted,	120649
to make a presentation or submit written materials to the	120650
committee during a committee meeting. The presentation or other	120651
materials shall be relevant to an issue under consideration by the	120652
committee and any written material, including a transcript of	120653
testimony to be given on the day of the meeting, may be submitted	120654
to the committee in advance of the meeting.	120655

(F) The department shall post the following on the	120656
department's web site:	120657

(1) Guidelines established by the committee under division	120658
(C) of this section;	120659

(2) A detailed committee agenda not later than fourteen days	120660
prior to the date of a regularly scheduled meeting and not later	120661
than seventy-two hours prior to the date of a special meeting	120662
called by the committee;	120663

(3) Committee recommendations not later than seven days after	120664
the meeting at which the recommendation was approved;	120665

(4) The director's final determination as to the	120666
recommendations made by the committee under this section.	120667

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	120668
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	120669
~~and family services~~ shall modify the manner or establish a new	120670
manner in which the following are paid under medicaid:	120671

(1) Community mental health ~~agencies~~service providers or	120672
facilities for providing community mental health services ~~included~~	120673
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	120674
~~5111.023~~5164.15 of the Revised Code;	120675

(2) Providers of alcohol and drug addiction services for	120676
providing alcohol and drug addiction services ~~included in~~covered	120677
by the medicaid program ~~pursuant to rules adopted under section~~	120678
~~5111.02 of the Revised Code~~.	120679

(B) The director's authority to modify the manner, or to	120680
establish a new manner, for medicaid to pay for the services	120681
specified in division (A) of this section is not limited by any	120682
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	120683
of the Revised Code that are in effect on June 26, 2003, and	120684
govern the way medicaid pays for those services. This is the case	120685
regardless of what state agency adopted the rules.	120686

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

120687

(1) "Aide services" means all of the following:

120688

(a) Home health aide services available under the home health	120689
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	120690

(b) Home care attendant services available under a home and	120691
community-based services medicaid waiver component;	120692

(c) Personal care aide services available under a home and	120693
community-based services medicaid waiver component.	120694

(2) ~~"Home and community-based services medicaid waiver~~	120695
~~component" has the same meaning as in section 5111.85 of the~~	120696
~~Revised Code.~~	120697

~~(3)~~ "Independent provider" means an individual who personally	120698
provides aide services or nursing services and is not employed by,	120699
under contract with, or affiliated with another entity that	120700
provides those services.	120701

~~(4)~~(3) "Nursing services" means all of the following:

120702

(a) Nursing services available under the home health services	120703
benefit pursuant to 42 C.F.R. 440.70(b)(1);	120704

(b) Private duty nursing services as defined in 42 C.F.R.	120705
440.80;	120706

(c) Nursing services available under a home and	120707
community-based services medicaid waiver component.	120708

(B) The department of ~~job and family services~~medicaid shall	120709
do ~~both~~all of the following:	120710

(1) Effective October 1, 2011, reduce the medicaid program's	120711
first-hour-unit price for aide services to ninety-seven per cent	120712
of the price paid on June 30, 2011, and for nursing services to	120713
ninety-five per cent of the price paid on June 30, 2011;	120714

(2) Effective October 1, 2011, pay for a service that is an	120715
aide service or a nursing service provided by an independent	120716
provider eighty per cent of the price it pays for the same service	120717
provided by a provider that is not an independent provider;	120718

(3) Not sooner than July 1, 2012, adjust the medicaid	120719
~~reimbursement~~payment rates for aide services and nursing services	120720
in a manner that reflects, at a minimum, labor market data,	120721
education and licensure status, home health agency and independent	120722
provider status, and length of service visit.	120723

(C) The department shall strive to have the adjustment made	120724
under division (B)(3) of this section go into effect on July 1,	120725
2012. The reductions made under divisions (B)(1) and (2) of this	120726
section shall remain in effect until the adjustment made under	120727
division (B)(3) of this section goes into effect.	120728

~~(D) The director of job and family services shall adopt rules~~	120729
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	120730
~~necessary to implement this section.~~	120731

Sec. 5164.78. (A) The medicaid payment rates for physician,	120732
pregnancy-related, evaluation, and management services provided by	120733
a physician group practice meeting the requirements of division	120734
(B) of this section shall be determined in accordance with rule	120735
5101:3-1-60.1 of the Administrative Code as the rule is in effect	120736
on the day immediately preceding the effective date of this	120737
section.	120738

(B) A physician group practice meets the requirements of this	120739
division if both of the following apply to the practice:	120740

(1) The practice is physically attached to a hospital that	120741
does not provide physician clinic outpatient services and the	120742
practice and hospital have signed a letter of agreement providing	120743
for the practice to provide outpatient hospital clinic services	120744
for the hospital.	120745

(2) The medicaid provider utilization summary for calendar	120746
year 1990 establishes that the practice provided both of the	120747
following that year:	120748

(a) At least forty per cent of the total number of medicaid	120749
physician visits provided in the county in which the practice is	120750
located;	120751

(b) An aggregate total of at least ten per cent of medicaid	120752
physician visits provided in the contiguous counties.	120753

(C) Not later than four years after the effective date of	120754
this section, the department of medicaid shall submit a report	120755
regarding this section to the general assembly in accordance with	120756
section 101.68 of the Revised Code.	120757

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	120758
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	120759
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	120760
any other federal law that requires public notice of proposed	120761
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	120762
~~provided under the~~ medicaid ~~program~~services, the medicaid	120763
director ~~of job and family services~~ shall give public notice in	120764
the register of Ohio of any change to a method or standard used to	120765
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	120766
~~assistance~~a medicaid service.	120767

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	120768
~~services~~medicaid shall not knowingly make a medicaid payment for	120769
a provider-preventable condition for which federal financial	120770
participation is prohibited by regulations adopted under ~~section~~	120771
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	120772
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	120773
~~job and family services shall adopt rules under section 5111.02 of~~	120774
~~the Revised Code as necessary to implement this section.~~	120775

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	120776
"cost-effective" and "group health plan" have the same meanings as	120777
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	120778
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	120779
regulations adopted under that section.	120780

(B) The department of ~~job and family services~~medicaid may	120781
~~submit a medicaid state plan amendment to the United States~~	120782
~~secretary of health and human services for the purpose of~~	120783
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	120784
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	120785
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	120786
individuals in group health plans when the department determines	120787
that enrollment is cost-effective.	120788

~~(C) The director of job and family services may adopt rules~~	120789
~~in accordance with Chapter 119. of the Revised Code as necessary~~	120790
~~to implement this section.~~	120791

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	120792
The medicaid director ~~of job and family services~~ shall establish	120793
a qualified state long-term care insurance partnership program	120794
consistent with the definition of that term in the "Social	120795
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	120796
1396p(b)(1)(C)(iii). An individual participating in the program	120797
who is subject to the medicaid estate recovery program instituted	120798
under section ~~5111.11~~5162.21 of the Revised Code shall be	120799
eligible for the reduced adjustment or recovery under division (D)	120800
of that section.	120801

~~The director of job and family services may adopt rules in~~	120802
~~accordance with Chapter 119. of the Revised Code as necessary to~~	120803
~~implement this section.~~	120804

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	120805
~~services~~ may ~~submit to the United States secretary of health and~~	120806
~~human services an amendment to the medicaid state plan in order to~~	120807
implement within the medicaid program a system under which	120808
medicaid recipients with chronic conditions are provided with	120809
coordinated care through health homes, as authorized by ~~section~~	120810
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	120811
1945, 42 U.S.C. 1396w-4.	120812

~~The director may adopt rules under section 5111.02 of the~~	120813
~~Revised Code to implement this section.~~	120814

Sec. 5164.881. The medicaid director, in consultation with	120815
the director of developmental disabilities, may develop and	120816
implement within the medicaid program a system under which	120817
eligible individuals with chronic conditions, as defined in the	120818
"Social Security Act," section 1945, 42 U.S.C. 1396w-4(h)(1), who	120819
also have mental retardation or other developmental disabilities	120820
may receive health home services, as defined in the "Social	120821
Security Act," section 1945, 42 U.S.C. 1396w-4(h)(4). Any such	120822
system shall focus on the needs of individuals and have as its	120823
goal improving services and outcomes under the medicaid program by	120824
improving integration of long-term care services and supportive	120825
services with primary and acute health care services.	120826

In developing any system under this section, the directors	120827
shall consult with representatives of county boards of	120828
developmental disabilities, the Ohio provider resource	120829
association, and the arc of Ohio. The directors may consult with	120830
any other individuals or entities that have an interest in the	120831
well being of individuals with developmental disabilities.	120832

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	120833
~~services~~medicaid may require county departments of job and	120834
family services to provide case management of nonemergency	120835
transportation services provided under the ~~medical assistance~~	120836
medicaid program. County departments shall provide the case	120837
management if required by the department in accordance with rules	120838
adopted ~~by the director of job and family services~~under section	120839
5164.02 of the Revised Code.	120840

The department shall determine, for the purposes of claiming	120841
federal ~~reimbursement under the medical assistance program~~	120842
financial participation, whether it will claim expenditures for	120843
nonemergency transportation services as administrative or program	120844
expenditures.	120845

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	120846
demonstration project" means a money follows the person	120847
demonstration project that the United States secretary of health	120848
and human services is authorized to award under section 6071 of	120849
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	120850
amended).	120851

(B) To the extent funds are available under an MFP	120852
demonstration project awarded to the department of ~~job and family~~	120853
~~services~~medicaid, the director of ~~job and family services~~	120854
medicaid may operate the helping Ohioans move, expanding (HOME)	120855
choice demonstration component of the medicaid program to	120856
transition medicaid recipients who qualify for the demonstration	120857
component to community settings. ~~The director may adopt rules in~~	120858
~~accordance with Chapter 119. of the Revised Code for the~~	120859
~~administration and operation of the demonstration component.~~	120860

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	120861
~~section 5111.982 of the Revised Code:~~	120862

~~"Dual eligible individual" has the same meaning as in the~~	120863
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	120864
~~1396n(h)(2)(B).~~	120865

~~"Medicare" means the program created in the "Social Security~~	120866
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	120867

~~(B) Subject to division (C) of this section, the medical~~	120868
~~assistance~~The medicaid director may implement a demonstration	120869
project called the integrated care delivery system to test and	120870
evaluate the integration of the care that dual eligible	120871
individuals receive under medicare and medicaid. No provision of	120872
Title LI of the Revised Code applies to the integrated care	120873
delivery system if that provision implements or incorporates a	120874
provision of federal law governing medicaid and that provision of	120875
federal law does not apply to the system.	120876

~~(C) Before implementing the integrated care delivery system~~	120877
~~under division (B) of this section, the director shall obtain the~~	120878
~~approval of the United States secretary of health and human~~	120879
~~services in the form of a federal medicaid waiver, medicaid state~~	120880
~~plan amendment, or demonstration grant. The director is required~~	120881
~~to seek the federal approval only if the director seeks to~~	120882
~~implement the integrated care delivery system. The director shall~~	120883
~~implement the integrated care delivery system in accordance with~~	120884
~~the terms of the federal approval, including the terms regarding~~	120885
~~the duration of the system.~~	120886

Sec. 5164.911. (A) If the medicaid director implements the	120887
integrated care delivery system and except as provided in division	120888
(D) of this section, the director shall annually evaluate all of	120889
the following:	120890

(1) The health outcomes of ICDS participants;

120891

(2) How changes to the administration of the ICDS affect all	120892
of the following:	120893

(a) Claims processing;

120894

(b) The appeals process;

120895

120896

(d) Prior authorization requests for services.

120897

(3) The provider panel selection process used by medicaid	120898
managed care organizations participating in the ICDS.	120899

(B) When conducting an evaluation under division (A) of this	120900
section, the director shall do all of the following:	120901

(1) For the purpose of division (A)(1) of this section, do	120902
both of the following:	120903

(a) Compare the health outcomes of ICDS participants to the	120904
health outcomes of individuals who are not ICDS participants;	120905

(b) Use both of the following:

120906

(i) A control group consisting of ICDS participants who	120907
receive health care services from providers not participating in	120908
ICDS;	120909

(ii) A control group consisting of ICDS participants who	120910
receive health care services from alternative providers that are	120911
not part of a participating medicaid managed care organization's	120912
provider panel but provide health care services in the geographic	120913
service area in which ICDS participants receive health care	120914
services.	120915

(2) For the purpose of division (A)(2) of this section, do	120916
all of the following:	120917

(a) To the extent the data is available, use data from all of	120918
the following:	120919

(i) The fee-for-service component of the medicaid program;

120920

(ii) Medicaid managed care organizations;

120921

(iii) Managed care organizations participating in the	120922
medicare advantage program established under Part C of Title XVIII	120923
of the "Social Security Act," 42 U.S.C. 1395w-21 et seq.	120924

(b) Identify all of the following:

120925

(i) Changes in the amount of time it takes to process claims	120926
and the number of claims denied and the reasons for the changes;	120927

(ii) The impact that changes to the administration of the	120928
ICDS had on the appeals process and number of reassessments	120929
requested;	120930

(iii) The number of prior authorization denials that were	120931
overturned and the reasons for the overturned denials.	120932

(3) Require medicaid managed care organizations participating	120933
in the ICDS to submit to the director any data the director needs	120934
for the evaluation.	120935

(C) Not later than the first day of each July, the director	120936
shall complete a report of the evaluation conducted under this	120937
section. The director shall provide a copy of the report to the	120938
general assembly in accordance with section 101.68 of the Revised	120939
Code and make the report available to the public.	120940

(D) The director is not required to conduct an evaluation	120941
under this section for a year if the same evaluation is conducted	120942
for that year by an organization under contract with the United	120943
States department of health and human services.	120944

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	120945
diagnostic imaging services" means magnetic resonance imaging	120946
services, computed tomography services, positron emission	120947
tomography services, cardiac nuclear medicine services, and	120948
similar imaging services.	120949

~~Not later than January 1, 2010, the~~The department of ~~job and~~	120950
~~family services~~medicaid shall implement evidence-based, best	120951
practice guidelines or protocols and decision support tools for	120952
advanced diagnostic imaging services ~~available under~~covered by	120953
the fee-for-service component of the medicaid program.	120954

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	120955
~~services~~medicaid may establish a program under which it provides	120956
incentive payments, as authorized by the "~~Health Information~~	120957
~~Technology for Economic and Clinical Health~~Social Security Act,"	120958
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	120959
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	120960
and use of electronic health record technology by medicaid	120961
providers who are identified under that federal law as eligible	120962
professionals.	120963

(B) After the department has made a determination regarding	120964
the amount of a medicaid provider's electronic health record	120965
incentive payment or the denial of an incentive payment, the	120966
department shall notify the provider. The provider may request	120967
that the department reconsider its determination.	120968

A request for reconsideration shall be submitted in writing	120969
to the department not later than fifteen days after the provider	120970
receives notification of the determination. The request shall be	120971
accompanied by written materials setting forth the basis for, and	120972
supporting, the reconsideration request.	120973

On receipt of a timely request, the department shall	120974
reconsider the determination. On the basis of the written	120975
materials accompanying the request, the department may uphold,	120976
reverse, or modify its original determination. The department	120977
shall mail to the provider by certified mail a written notice of	120978
the reconsideration decision.	120979

In accordance with Chapter 2505. of the Revised Code, the	120980
medicaid provider may appeal the reconsideration decision by	120981
filing a notice of appeal with the court of common pleas of	120982
Franklin county. The notice shall identify the decision being	120983
appealed and the specific grounds for the appeal. The notice of	120984
appeal shall be filed not later than fifteen days after the	120985
department mails its notice of the reconsideration decision. A	120986
copy of the notice of appeal shall be filed with the department	120987
not later than three days after the notice is filed with the	120988
court.	120989

(C) The medicaid director ~~of job and family services~~ may	120990
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	120991
of the Revised Code as necessary to implement this section. The	120992
rules, if any, shall be adopted in accordance with Chapter 119. of	120993
the Revised Code.	120994

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	120995
~~5111.331 of the Revised Code~~this chapter:	120996

(A) "Affiliated operator" means an operator affiliated with	120997
either of the following:	120998

(1) The exiting operator for whom the affiliated operator is	120999
to assume liability for the entire amount of the exiting	121000
operator's debt under the medicaid program or the portion of the	121001
debt that represents the franchise permit fee the exiting operator	121002
owes;	121003

(2) The entering operator involved in the change of operator	121004
with the exiting operator specified in division (A)(1) of this	121005
section.	121006

(B) "Allowable costs" are ~~those~~a nursing facility's costs	121007
~~determined by~~that the department of ~~job and family services to be~~	121008
medicaid determines are reasonable ~~and do not include fines~~. Fines	121009
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	121010
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	121011

~~(B)~~(C) "Ancillary and support costs" means all reasonable	121012
costs incurred by a nursing facility other than direct care costs,	121013
tax costs, or capital costs. "Ancillary and support costs"	121014
includes, but is not limited to, costs of activities, social	121015
services, pharmacy consultants, habilitation supervisors,	121016
qualified mental retardation professionals, program directors,	121017
medical and habilitation records, program supplies, incontinence	121018
supplies, food, enterals, dietary supplies and personnel, laundry,	121019
housekeeping, security, administration, medical equipment,	121020
utilities, liability insurance, bookkeeping, purchasing	121021
department, human resources, communications, travel, dues, license	121022
fees, subscriptions, home office costs not otherwise allocated,	121023
legal services, accounting services, minor equipment, maintenance	121024
and repairs, help-wanted advertising, informational advertising,	121025
start-up costs, organizational expenses, other interest, property	121026
insurance, employee training and staff development, employee	121027
benefits, payroll taxes, and workers' compensation premiums or	121028
costs for self-insurance claims and related costs as specified in	121029
rules adopted ~~by the director of job and family services~~ under	121030
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	121031
in this division. "Ancillary and support costs" also means the	121032
cost of equipment, including vehicles, acquired by operating lease	121033
executed before December 1, 1992, if the costs are reported as	121034
administrative and general costs on the nursing facility's cost	121035
report for the cost reporting period ending December 31, 1992.	121036

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	121037
~~the case of an intermediate care facility for the mentally~~	121038
~~retarded, costs of nonextensive renovation~~the actual expense	121039
incurred by a nursing facility for all of the following:	121040

(a) Depreciation and interest on any capital assets that cost	121041
five hundred dollars or more per item, including the following:	121042

(i) Buildings;

121043

(ii) Building improvements;

121044

(iii) Except as provided in division (C) of this section,	121045
equipment;	121046

(iv) Transportation equipment.

121047

(b) Amortization and interest on land improvements and	121048
leasehold improvements;	121049

121050

(d) Lease and rent of land, buildings, and equipment.

121051

(2) The costs of capital assets of less than five hundred	121052
dollars per item may be considered capital costs in accordance	121053
with a provider's practice.	121054

~~(1) "Cost of ownership" means the actual expense incurred for~~	121055
~~all of the following:~~	121056

~~(a) Depreciation and interest on any capital assets that cost~~	121057
~~five hundred dollars or more per item, including the following:~~	121058

~~(i) Buildings;~~

121059

~~(ii) Building improvements that are not approved as~~	121060
~~nonextensive renovations under section 5111.251 of the Revised~~	121061
~~Code;~~	121062

~~(iii) Except as provided in division (B) of this section,~~	121063
~~equipment;~~	121064

~~(iv) In the case of an intermediate care facility for the~~	121065
~~mentally retarded, extensive renovations;~~	121066

~~(v) Transportation equipment.~~

121067

~~(b) Amortization and interest on land improvements and~~	121068
~~leasehold improvements;~~	121069

~~(c) Amortization of financing costs;~~

121070

~~(d) Except as provided in division (K) of this section, lease~~	121071
~~and rent of land, building, and equipment.~~	121072

~~The costs of capital assets of less than five hundred dollars~~	121073
~~per item may be considered capital costs in accordance with a~~	121074
~~provider's practice.~~	121075

~~(2) "Costs of nonextensive renovation" means the actual~~	121076
~~expense incurred by an intermediate care facility for the mentally~~	121077
~~retarded for depreciation or amortization and interest on~~	121078
~~renovations that are not extensive renovations.~~	121079

~~(D)~~(E) "Capital lease" and "operating lease" shall be	121080
construed in accordance with generally accepted accounting	121081
principles.	121082

~~(E) "Case-mix score" means the measure determined under~~	121083
~~section 5111.232 of the Revised Code of the relative direct-care~~	121084
~~resources needed to provide care and habilitation to a resident of~~	121085
~~a nursing facility or intermediate care facility for the mentally~~	121086
~~retarded.~~	121087

(F) "Case-mix score" means a measure determined under section	121088
5165.192 of the Revised Code of the relative direct-care resources	121089
needed to provide care and habilitation to a nursing facility	121090
resident.	121091

(G) "Change of operator" means an entering operator becoming	121092
the operator of a nursing facility in the place of the exiting	121093
operator.	121094

(1) Actions that constitute a change of operator include the	121095
following:	121096

(a) A change in an exiting operator's form of legal	121097
organization, including the formation of a partnership or	121098
corporation from a sole proprietorship;	121099

(b) A transfer of all the exiting operator's ownership	121100
interest in the operation of the nursing facility to the entering	121101
operator, regardless of whether ownership of any or all of the	121102
real property or personal property associated with the nursing	121103
facility is also transferred;	121104

(c) A lease of the nursing facility to the entering operator	121105
or the exiting operator's termination of the exiting operator's	121106
lease;	121107

(d) If the exiting operator is a partnership, dissolution of	121108
the partnership;	121109

(e) If the exiting operator is a partnership, a change in	121110
composition of the partnership unless both of the following apply:	121111

(i) The change in composition does not cause the	121112
partnership's dissolution under state law.	121113

(ii) The partners agree that the change in composition does	121114
not constitute a change in operator.	121115

(f) If the operator is a corporation, dissolution of the	121116
corporation, a merger of the corporation into another corporation	121117
that is the survivor of the merger, or a consolidation of one or	121118
more other corporations to form a new corporation.	121119

(2) The following, alone, do not constitute a change of	121120
operator:	121121

(a) A contract for an entity to manage a nursing facility as	121122
the operator's agent, subject to the operator's approval of daily	121123
operating and management decisions;	121124

(b) A change of ownership, lease, or termination of a lease	121125
of real property or personal property associated with a nursing	121126
facility if an entering operator does not become the operator in	121127
place of an exiting operator;	121128

(c) If the operator is a corporation, a change of one or more	121129
members of the corporation's governing body or transfer of	121130
ownership of one or more shares of the corporation's stock, if the	121131
same corporation continues to be the operator.	121132

(H) "Cost center" means the following:

121133

(1) Ancillary and support costs;

121134

(2) Capital costs;

121135

(3) Direct care costs;

121136

(4) Tax costs.

121137

(I) "Custom wheelchair" means a wheelchair to which both of	121138
the following apply:	121139

(1) It has been measured, fitted, or adapted in consideration	121140
of either of the following:	121141

(a) The body size or disability of the individual who is to	121142
use the wheelchair;	121143

(b) The individual's period of need for, or intended use of,	121144
the wheelchair.	121145

(2) It has customized features, modifications, or components,	121146
such as adaptive seating and positioning systems, that the	121147
supplier who assembled the wheelchair, or the manufacturer from	121148
which the wheelchair was ordered, added or made in accordance with	121149
the instructions of the physician of the individual who is to use	121150
the wheelchair.	121151

(J)(1) "Date of licensure," ~~for a~~means the following:

121152

(a) In the case of a nursing facility ~~originally~~that was	121153
required by law to be licensed as a nursing home under Chapter	121154
3721. of the Revised Code when it originally began to be operated	121155
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	121156
facility was originally so licensed ~~as nursing home beds under~~	121157
~~that chapter, regardless of whether they were subsequently~~	121158
~~licensed as residential facility beds under section 5123.19 of the~~	121159
~~Revised Code. For a facility originally licensed as a residential~~	121160
~~facility under section 5123.19 of the Revised Code, "date of~~	121161
~~licensure" means the date specific beds were originally licensed~~	121162
~~as residential facility beds under that section.~~;	121163

If(b) In the case of a nursing ~~home beds licensed under~~	121164
~~Chapter 3721. of the Revised Code or residential facility beds~~	121165
~~licensed under section 5123.19 of the Revised Code were~~facility	121166
that was not required by law to be licensed as a nursing home when	121167
~~they were~~it originally ~~used to provide~~began to be operated as a	121168
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	121169
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	121170
operated as a nursing home ~~or residential facility services~~,	121171
regardless of the date the ~~present provider obtained licensure~~	121172
nursing facility was first licensed as a nursing home.	121173

(2) If ~~a facility adds~~, after a nursing facility's original	121174
date of licensure, more nursing home beds ~~or residential facility~~	121175
~~beds or extensively renovatesall or part of the facility after~~	121176
~~its original date of licensure~~are added to the nursing facility,	121177
~~it will have~~the nursing facility has a different date of	121178
licensure for the additional beds ~~or extensively renovated portion~~	121179
~~of the facility, unless the beds are added in a space~~. This does	121180
not apply, however, to additional beds when both of the following	121181
apply:	121182

(a) The additional beds are located in a part of the nursing	121183
facility that was constructed at the same time as the ~~previously~~	121184
~~licensed~~continuing beds ~~but~~already located in that part of the	121185
nursing facility;	121186

(b) The part of the nursing facility in which the additional	121187
beds are located was constructed as part of the nursing facility	121188
at a time when the nursing facility was not required by law to be	121189
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	121190
~~Code at that time~~as a nursing home.	121191

~~(2)~~(3) The definition of "date of licensure" in this section	121192
applies in determinations of ~~the~~nursing facilities' medicaid	121193
~~reimbursement rate for a nursing facility or intermediate care~~	121194
~~facility for the mentally retarded~~payment rates but does not	121195
apply in determinations of ~~the~~nursing facilities' franchise	121196
permit ~~fee for a nursing facility or intermediate care facility~~	121197
~~for the mentally retarded~~fees.	121198

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	121199
as reported on a cost report submitted under section ~~5111.26~~	121200
5165.10 of the Revised Code have been subjected to a desk review	121201
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	121202
and preliminarily determined to be allowable costs.	121203

~~(H)~~(L) "Direct care costs" means all of the following costs	121204
incurred by a nursing facility:	121205

(1)~~(a)~~ Costs for registered nurses, licensed practical	121206
nurses, and nurse aides employed by the nursing facility;	121207

~~(b)~~(2) Costs for direct care staff, administrative nursing	121208
staff, medical directors, respiratory therapists, and except as	121209
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	121210
holding degrees qualifying them to provide therapy;	121211

~~(c)~~(3) Costs of purchased nursing services;

121212

~~(d)~~(4) Costs of quality assurance;

121213

~~(e)~~(5) Costs of training and staff development, employee	121214
benefits, payroll taxes, and workers' compensation premiums or	121215
costs for self-insurance claims and related costs as specified in	121216
rules adopted ~~by the director of job and family services in~~	121217
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	121218
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	121219
~~(d)~~(4), and (8) of this section;	121220

~~(f)~~(6) Costs of consulting and management fees related to	121221
direct care;	121222

~~(g)~~(7) Allocated direct care home office costs.

121223

~~(2) In addition to the costs specified in division (H)(1) of~~	121224
~~this section, for nursing facilities only, direct care costs~~	121225
~~include costs~~;	121226

(8) Costs of habilitation staff (other than habilitation	121227
supervisors), medical supplies, emergency oxygen, over-the-counter	121228
pharmacy products, behavioral and mental health services, physical	121229
therapists, physical therapy assistants, occupational therapists,	121230
occupational therapy assistants, speech therapists, audiologists,	121231
habilitation supplies, ~~wheelchairs, resident transportation,~~ and	121232
universal precautions supplies.;	121233

~~(3) In addition to the costs specified in division (H)(1) of~~	121234
~~this section, for intermediate care facilities for the mentally~~	121235
~~retarded only, direct care costs include both of the following:~~	121236

~~(a) Costs for physical therapists and physical therapy~~	121237
~~assistants, occupational therapists and occupational therapy~~	121238
~~assistants, speech therapists, audiologists, habilitation staff~~	121239
~~(including habilitation supervisors), qualified mental retardation~~	121240
~~professionals, program directors, social services staff,~~	121241
~~activities staff, off-site day programming, psychologists and~~	121242
~~psychology assistants, and social workers and counselors;~~	121243

~~(b) Costs of training and staff development, employee~~	121244
~~benefits, payroll taxes, and workers' compensation premiums or~~	121245
~~costs for self-insurance claims and related costs as specified in~~	121246
~~rules adopted under section 5111.02 of the Revised Code, for~~	121247
~~personnel listed in division (H)(3)(a) of this section.~~	121248

~~(4)~~(9) Until January 1, 2014, costs of oxygen, wheelchairs,	121249
and resident transportation;	121250

(10) Beginning January 1, 2014, costs of both of the	121251
following:	121252

(a) Emergency oxygen;

121253

(b) Wheelchairs other than the following:

121254

(i) Custom wheelchairs;

121255

(ii) Repairs to and replacements of custom wheelchairs and	121256
parts that are made in accordance with the instructions of the	121257
physician of the individual who uses the custom wheelchair.	121258

(11) Costs of other direct-care resources that are specified	121259
as direct care costs in rules adopted under section ~~5111.02~~	121260
5165.02 of the Revised Code.	121261

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	121262
section 5160.01 of the Revised Code.	121263

(N) "Effective date of a change of operator" means the day	121264
the entering operator becomes the operator of the nursing	121265
facility.	121266

(O) "Effective date of a facility closure" means the last day	121267
that the last of the residents of the nursing facility resides in	121268
the nursing facility.	121269

(P) "Effective date of an involuntary termination" means the	121270
date the department of medicaid terminates the operator's provider	121271
agreement for the nursing facility.	121272

(Q) "Effective date of a voluntary withdrawal of	121273
participation" means the day the nursing facility ceases to accept	121274
new medicaid residents other than the individuals who reside in	121275
the nursing facility on the day before the effective date of the	121276
voluntary withdrawal of participation.	121277

(R) "Entering operator" means the person or government entity	121278
that will become the operator of a nursing facility when a change	121279
of operator occurs or following an involuntary termination.	121280

(S) "Exiting operator" means any of the following:

121281

(1) An operator that will cease to be the operator of a	121282
nursing facility on the effective date of a change of operator;	121283

(2) An operator that will cease to be the operator of a	121284
nursing facility on the effective date of a facility closure;	121285

(3) An operator of a nursing facility that is undergoing or	121286
has undergone a voluntary withdrawal of participation;	121287

(4) An operator of a nursing facility that is undergoing or	121288
has undergone an involuntary termination.	121289

(T)(1) Subject to divisions (T)(2) and (3) of this section,	121290
"facility closure" means either of the following:	121291

(a) Discontinuance of the use of the building, or part of the	121292
building, that houses the facility as a nursing facility that	121293
results in the relocation of all of the nursing facility's	121294
residents;	121295

(b) Conversion of the building, or part of the building, that	121296
houses a nursing facility to a different use with any necessary	121297
license or other approval needed for that use being obtained and	121298
one or more of the nursing facility's residents remaining in the	121299
building, or part of the building, to receive services under the	121300
new use.	121301

(2) A facility closure occurs regardless of any of the	121302
following:	121303

(a) The operator completely or partially replacing the	121304
nursing facility by constructing a new nursing facility or	121305
transferring the nursing facility's license to another nursing	121306
facility;	121307

(b) The nursing facility's residents relocating to another of	121308
the operator's nursing facilities;	121309

(c) Any action the department of health takes regarding the	121310
nursing facility's medicaid certification that may result in the	121311
transfer of part of the nursing facility's survey findings to	121312
another of the operator's nursing facilities;	121313

(d) Any action the department of health takes regarding the	121314
nursing facility's license under Chapter 3721. of the Revised	121315
Code.	121316

(3) A facility closure does not occur if all of the nursing	121317
facility's residents are relocated due to an emergency evacuation	121318
and one or more of the residents return to a medicaid-certified	121319
bed in the nursing facility not later than thirty days after the	121320
evacuation occurs.	121321

(U) "Fiscal year" means the fiscal year of this state, as	121322
specified in section 9.34 of the Revised Code.	121323

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

121324

~~(1) In the context of nursing facilities,~~ the fee imposed by	121325
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	121326

~~(2) In the context of intermediate care facilities for the~~	121327
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	121328
~~of the Revised Code~~.	121329

~~(K) "Indirect care costs" means all reasonable costs incurred~~	121330
~~by an intermediate care facility for the mentally retarded other~~	121331
~~than direct care costs, other protected costs, or capital costs.~~	121332
~~"Indirect care costs" includes but is not limited to costs of~~	121333
~~habilitation supplies, pharmacy consultants, medical and~~	121334
~~habilitation records, program supplies, incontinence supplies,~~	121335
~~food, enterals, dietary supplies and personnel, laundry,~~	121336
~~housekeeping, security, administration, liability insurance,~~	121337
~~bookkeeping, purchasing department, human resources,~~	121338
~~communications, travel, dues, license fees, subscriptions, home~~	121339
~~office costs not otherwise allocated, legal services, accounting~~	121340
~~services, minor equipment, maintenance and repairs, help-wanted~~	121341
~~advertising, informational advertising, start-up costs,~~	121342
~~organizational expenses, other interest, property insurance,~~	121343
~~employee training and staff development, employee benefits,~~	121344
~~payroll taxes, and workers' compensation premiums or costs for~~	121345
~~self-insurance claims and related costs as specified in rules~~	121346
~~adopted under section 5111.02 of the Revised Code, for personnel~~	121347
~~listed in this division. Notwithstanding division (C)(1) of this~~	121348
~~section, "indirect care costs" also means the cost of equipment,~~	121349
~~including vehicles, acquired by operating lease executed before~~	121350
~~December 1, 1992, if the costs are reported as administrative and~~	121351
~~general costs on the facility's cost report for the cost reporting~~	121352
~~period ending December 31, 1992.~~	121353

~~(L)~~(W) "Inpatient days" means ~~the following:~~

121354

~~(1) In the context of a nursing facility,~~ both of the	121355
following:	121356

~~(a)~~(1) All days during which a resident, regardless of	121357
payment source, occupies a bed in a nursing facility that is	121358
included in the nursing facility's ~~certified~~medicaid-certified	121359
capacity ~~under Title XIX~~;	121360

~~(b)~~(2) Fifty per cent of the days for which payment is made	121361
under section ~~5111.331~~5165.34 of the Revised Code.	121362

~~(2) In the context of an intermediate care facility for the~~	121363
~~mentally retarded, both of the following:~~	121364

~~(a) All days during which a resident, regardless of payment~~	121365
~~source, occupies a bed in an intermediate care facility for the~~	121366
~~mentally retarded that is included in the facility's certified~~	121367
~~capacity under Title XIX;~~	121368

~~(b) All days for which payment is made under section 5111.33~~	121369
~~of the Revised Code.~~	121370

~~(M) "Intermediate care facility for the mentally retarded"~~	121371
~~means an intermediate care facility for the mentally retarded~~	121372
~~certified as in compliance with applicable standards for the~~	121373
~~medicaid program by the director of health in accordance with~~	121374
~~Title XIX.~~	121375

~~(N)~~(X) "Involuntary termination" means the department of	121376
medicaid's termination of the operator's provider agreement for	121377
the nursing facility when the termination is not taken at the	121378
operator's request.	121379

(Y) "Low resource utilization resident" means a medicaid	121380
recipient residing in a nursing facility who, for purposes of	121381
calculating the nursing facility's medicaid payment rate for	121382
direct care costs, is placed in either of the two lowest resource	121383
utilization groups, excluding any resource utilization group that	121384
is a default group used for residents with incomplete assessment	121385
data.	121386

(Z) "Maintenance and repair expenses" means~~, except as~~	121387
~~provided in division (BB)(2) of this section,~~a nursing facility's	121388
expenditures that are necessary and proper to maintain an asset in	121389
a normally efficient working condition and that do not extend the	121390
useful life of the asset two years or more. "Maintenance and	121391
repair expenses" includes but is not limited to the ~~cost~~costs of	121392
ordinary repairs such as painting and wallpapering.	121393

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	121394
nursing facility's beds that are certified for participation in	121395
medicaid as nursing facility beds.	121396

(BB) "Medicaid days" means ~~the following:~~

121397

~~(1) In the context of a nursing facility,~~ both of the	121398
following:	121399

~~(a)~~(1) All days during which a resident who is a medicaid	121400
recipient eligible for nursing facility services occupies a bed in	121401
a nursing facility that is included in the nursing facility's	121402
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	121403

~~(b)~~(2) Fifty per cent of the days for which payment is made	121404
under section ~~5111.331~~5165.34 of the Revised Code.	121405

~~(2) In the context of an intermediate care facility for the~~	121406
~~mentally retarded, both of the following:~~	121407

~~(a) All days during which a resident who is a medicaid~~	121408
~~recipient eligible for intermediate care facility for the mentally~~	121409
~~retarded services occupies a bed in an intermediate care facility~~	121410
~~for the mentally retarded that is included in the facility's~~	121411
~~certified capacity under Title XIX;~~	121412

~~(b) All days for which payment is made under section 5111.33~~	121413
~~of the Revised Code.~~	121414

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	121415
for which the provider obtains an initial provider agreement	121416
following medicaid certification of the nursing facility by the	121417
director of health, including such a nursing facility that	121418
replaces one or more nursing facilities for which a provider	121419
previously held a provider agreement.	121420

(2) "New nursing facility" does not mean a nursing facility	121421
for which the entering operator seeks a provider agreement	121422
pursuant to section 5165.511 or 5165.512 or (pursuant to section	121423
5165.515) section 5165.07 of the Revised Code.	121424

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	121425
~~of a facility, that is certified as a nursing facility by the~~	121426
~~director of health in accordance with Title XIX and is not an~~	121427
~~intermediate care facility for the mentally retarded. "Nursing~~	121428
~~facility" includes a facility, or a distinct part of a facility,~~	121429
~~that is certified as a nursing facility by the director of health~~	121430
~~in accordance with Title XIX and is certified as a skilled nursing~~	121431
~~facility by the director in accordance with Title XVIII~~has the	121432
same meaning as in the "Social Security Act," section 1919(a), 42	121433
U.S.C. 1396r(a).	121434

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	121435
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	121436

(FF) "Nursing home" has the same meaning as in section	121437
3721.01 of the Revised Code.	121438

(GG) "Operator" means the person or government entity	121439
responsible for the daily operating and management decisions for a	121440
nursing facility ~~or intermediate care facility for the mentally~~	121441
~~retarded~~.	121442

~~(R) "Other protected costs" means costs incurred by an~~	121443
~~intermediate care facility for the mentally retarded for medical~~	121444
~~supplies; real estate, franchise, and property taxes; natural gas,~~	121445
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	121446
~~medical waste collection; allocated other protected home office~~	121447
~~costs; and any additional costs defined as other protected costs~~	121448
~~in rules adopted under section 5111.02 of the Revised Code.~~	121449

~~(S)~~(HH)(1) "Owner" means any person or government entity that	121450
has at least five per cent ownership or interest, either directly,	121451
indirectly, or in any combination, in any of the following	121452
regarding a nursing facility ~~or intermediate care facility for the~~	121453
~~mentally retarded~~:	121454

(a) The land on which the nursing facility is located;

121455

(b) The structure in which the nursing facility is located;

121456

(c) Any mortgage, contract for deed, or other obligation	121457
secured in whole or in part by the land or structure on or in	121458
which the nursing facility is located;	121459

(d) Any lease or sublease of the land or structure on or in	121460
which the nursing facility is located.	121461

(2) "Owner" does not mean a holder of a debenture or bond	121462
related to the nursing facility ~~or intermediate care facility for~~	121463
~~the mentally retarded~~ and purchased at public issue or a regulated	121464
lender that has made a loan related to the nursing facility unless	121465
the holder or lender operates the nursing facility directly or	121466
through a subsidiary.	121467

~~(T) "Patient" includes "resident."~~

121468

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	121469
~~section, "per~~(II) "Per diem" means a nursing facility's or	121470
~~intermediate care facility for the mentally retarded's~~ actual,	121471
allowable costs in a given cost center in a cost reporting period,	121472
divided by the nursing facility's inpatient days for that cost	121473
reporting period.	121474

~~(1) When calculating indirect care costs for the purpose of~~	121475
~~establishing rates under section 5111.241 of the Revised Code,~~	121476
~~"per diem" means an intermediate care facility for the mentally~~	121477
~~retarded's actual, allowable indirect care costs in a cost~~	121478
~~reporting period divided by the greater of the facility's~~	121479
~~inpatient days for that period or the number of inpatient days the~~	121480
~~facility would have had during that period if its occupancy rate~~	121481
~~had been eighty-five per cent.~~	121482

~~(2) When calculating capital costs for the purpose of~~	121483
~~establishing rates under section 5111.251 of the Revised Code,~~	121484
~~"per diem" means a facility's actual, allowable capital costs in a~~	121485
~~cost reporting period divided by the greater of the facility's~~	121486
~~inpatient days for that period or the number of inpatient days the~~	121487
~~facility would have had during that period if its occupancy rate~~	121488
~~had been ninety-five per cent.~~	121489

~~(V)~~(JJ) "Provider" means an operator with a provider	121490
agreement.	121491

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	121492
agreement, as defined in section 5164.01 of the Revised Code, that	121493
is between the department of ~~job and family services~~medicaid and	121494
the operator of a nursing facility ~~or intermediate care facility~~	121495
~~for the mentally retarded~~ for the provision of nursing facility	121496
services ~~or intermediate care facility services for the mentally~~	121497
~~retarded~~ under the medicaid program.	121498

~~(X)~~(LL) "Purchased nursing services" means services that are	121499
provided in a nursing facility by registered nurses, licensed	121500
practical nurses, or nurse aides who are not employees of the	121501
nursing facility.	121502

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	121503
is appropriate and helpful to develop and maintain the operation	121504
of patient care facilities and activities, including normal	121505
standby costs, and that does not exceed what a prudent buyer pays	121506
for a given item or services. Reasonable costs may vary from	121507
provider to provider and from time to time for the same provider.	121508

~~(Z)~~(NN) "Related party" means an individual or organization	121509
that, to a significant extent, has common ownership with, is	121510
associated or affiliated with, has control of, or is controlled	121511
by, the provider.	121512

(1) An individual who is a relative of an owner is a related	121513
party.	121514

(2) Common ownership exists when an individual or individuals	121515
possess significant ownership or equity in both the provider and	121516
the other organization. Significant ownership or equity exists	121517
when an individual or individuals possess five per cent ownership	121518
or equity in both the provider and a supplier. Significant	121519
ownership or equity is presumed to exist when an individual or	121520
individuals possess ten per cent ownership or equity in both the	121521
provider and another organization from which the provider	121522
purchases or leases real property.	121523

(3) Control exists when an individual or organization has the	121524
power, directly or indirectly, to significantly influence or	121525
direct the actions or policies of an organization.	121526

(4) An individual or organization that supplies goods or	121527
services to a provider shall not be considered a related party if	121528
all of the following conditions are met:	121529

(a) The supplier is a separate bona fide organization.

121530

(b) A substantial part of the supplier's business activity of	121531
the type carried on with the provider is transacted with others	121532
than the provider and there is an open, competitive market for the	121533
types of goods or services the supplier furnishes.	121534

(c) The types of goods or services are commonly obtained by	121535
other nursing facilities ~~or intermediate care facilities for the~~	121536
~~mentally retarded~~ from outside organizations and are not a basic	121537
element of patient care ordinarily furnished directly to patients	121538
by ~~the~~nursing facilities.	121539

(d) The charge to the provider is in line with the charge for	121540
the goods or services in the open market and no more than the	121541
charge made under comparable circumstances to others by the	121542
supplier.	121543

~~(AA)~~(OO) "Relative of owner" means an individual who is	121544
related to an owner of a nursing facility ~~or intermediate care~~	121545
~~facility for the mentally retarded~~ by one of the following	121546
relationships:	121547

(1) Spouse;

121548

(2) Natural parent, child, or sibling;

121549

(3) Adopted parent, child, or sibling;

121550

(4) Stepparent, stepchild, stepbrother, or stepsister;

121551

(5) Father-in-law, mother-in-law, son-in-law,	121552
daughter-in-law, brother-in-law, or sister-in-law;	121553

(6) Grandparent or grandchild;

121554

(7) Foster caregiver, foster child, foster brother, or foster	121555
sister.	121556

~~(BB) "Renovation" and "extensive renovation" mean:~~

121557

~~(1) Any betterment, improvement, or restoration of an~~	121558
~~intermediate care facility for the mentally retarded started~~	121559
~~before July 1, 1993, that meets the definition of a renovation or~~	121560
~~extensive renovation established in rules adopted by the director~~	121561
~~of job and family services in effect on December 22, 1992.~~	121562

~~(2) In the case of betterments, improvements, and~~	121563
~~restorations of intermediate care facilities for the mentally~~	121564
~~retarded started on or after July 1, 1993:~~	121565

~~(a) "Renovation" means the betterment, improvement, or~~	121566
~~restoration of an intermediate care facility for the mentally~~	121567
~~retarded beyond its current functional capacity through a~~	121568
~~structural change that costs at least five hundred dollars per~~	121569
~~bed. A renovation may include betterment, improvement,~~	121570
~~restoration, or replacement of assets that are affixed to the~~	121571
~~building and have a useful life of at least five years. A~~	121572
~~renovation may include costs that otherwise would be considered~~	121573
~~maintenance and repair expenses if they are an integral part of~~	121574
~~the structural change that makes up the renovation project.~~	121575
~~"Renovation" does not mean construction of additional space for~~	121576
~~beds that will be added to a facility's licensed or certified~~	121577
~~capacity.~~	121578

~~(b) "Extensive renovation" means a renovation that costs more~~	121579
~~than sixty-five per cent and no more than eighty-five per cent of~~	121580
~~the cost of constructing a new bed and that extends the useful~~	121581
~~life of the assets for at least ten years.~~	121582

~~For the purposes of division (BB)(2) of this section, the~~	121583
~~cost of constructing a new bed shall be considered to be forty~~	121584
~~thousand dollars, adjusted for the estimated rate of inflation~~	121585
~~from January 1, 1993, to the end of the calendar year during which~~	121586
~~the renovation is completed, using the consumer price index for~~	121587
~~shelter costs for all urban consumers for the north central~~	121588
~~region, as published by the United States bureau of labor~~	121589
~~statistics.~~	121590

~~The department of job and family services may treat a~~	121591
~~renovation that costs more than eighty-five per cent of the cost~~	121592
~~of constructing new beds as an extensive renovation if the~~	121593
~~department determines that the renovation is more prudent than~~	121594
~~construction of new beds.~~	121595

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	121596
in section 3721.10 of the Revised Code.	121597

(QQ) "Skilled nursing facility" has the same meaning as in	121598
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	121599

(RR) "Sponsor" has the same meaning as in section 3721.10 of	121600
the Revised Code.	121601

(SS) "Tax costs" means the costs of taxes imposed under	121602
Chapter 5751. of the Revised Code, real estate taxes, personal	121603
property taxes, and corporate franchise taxes.	121604

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	121605
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	121606

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	121607
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	121608
seq.	121609

(VV) "Voluntary withdrawal of participation" means an	121610
operator's voluntary election to terminate the participation of a	121611
nursing facility in the medicaid program but to continue to	121612
provide service of the type provided by a nursing facility.	121613

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	121614
division (B) of this section, whenever "skilled nursing facility,"	121615
"intermediate care facility," or "dual skilled nursing and	121616
intermediate care facility" is referred to or designated in any	121617
statute, rule, contract, provider agreement, or other document	121618
pertaining to the ~~medical assistance~~medicaid program, the	121619
reference or designation is deemed to refer to a nursing facility,	121620
~~except that a~~.	121621

(B) A reference to or designation of an "intermediate care	121622
facility for ~~the mentally retarded~~individuals with intellectual	121623
disabilities" or "ICF/IID" is not deemed to refer to a nursing	121624
facility.	121625

Sec. 5165.02. The medicaid director shall adopt rules as	121626
necessary to implement this chapter. The rules shall be adopted in	121627
accordance with Chapter 119. of the Revised Code.	121628

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

121629

(1) "Dementia" includes Alzheimer's disease or a related	121630
disorder.	121631

(2) "Serious mental illness" means "serious mental illness,"	121632
as defined by the United States department of health and human	121633
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	121634
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	121635
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	121636

(3) "Mentally ill individual" means an individual who has a	121637
serious mental illness other than either of the following:	121638

(a) A primary diagnosis of dementia;

121639

(b) A primary diagnosis that is not a primary diagnosis of	121640
dementia and a primary diagnosis of something other than a serious	121641
mental illness.	121642

(4) "Mentally retarded individual" means an individual who is	121643
mentally retarded or has a related condition, as described in	121644
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	121645
U.S.C. 1396d(d).	121646

(5) "Specialized services" means the services specified by	121647
the United States department of health and human services in	121648
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	121649
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	121650
1396r(e)(7)(G)(iii).	121651

(B)(1) Except as provided in division (D) of this section, no	121652
nursing facility shall admit as a resident any mentally ill	121653
individual unless the facility has received evidence that the	121654
department of ~~mental health~~mental health and addiction services	121655
has determined both of the following under section ~~5119.061~~	121656
5119.40 of the Revised Code:	121657

(a) That the individual requires the level of services	121658
provided by a nursing facility because of the individual's	121659
physical and mental condition;	121660

(b) Whether the individual requires specialized services for	121661
mental illness.	121662

(2) Except as provided in division (D) of this section, no	121663
nursing facility shall admit as a resident any mentally retarded	121664
individual unless the facility has received evidence that the	121665
department of developmental disabilities has determined both of	121666
the following under section 5123.021 of the Revised Code:	121667

(a) That the individual requires the level of services	121668
provided by a nursing facility because of the individual's	121669
physical and mental condition;	121670

(b) Whether the individual requires specialized services for	121671
mental retardation.	121672

(C) The department of ~~job and family services~~medicaid shall	121673
not make medicaid payments ~~under the medical assistance program~~ to	121674
a nursing facility on behalf of any individual who is admitted to	121675
the facility in violation of division (B) of this section for the	121676
period beginning on the date of admission and ending on the date	121677
the requirements of division (B) of this section are met.	121678

(D) A determination under division (B) of this section is not	121679
required for any individual who is exempted from the requirement	121680
that a determination be made by division (B)(2) of section	121681
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	121682
department of ~~mental health~~mental health and addiction services	121683
under division (E)(3) of that section, or by division (B)(2) of	121684
section 5123.021 of the Revised Code or rules adopted by the	121685
department of developmental disabilities under division (E)(3) of	121686
that section.	121687

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	121688
~~applicant~~An individual who applies for admission to ~~a nursing~~	121689
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	121690
~~applicant for or recipient of medical assistance, the department~~	121691
of ~~job and family services~~ shall provide notice and an opportunity	121692
for a hearing to any applicant for admission to a nursing facility	121693
or resident of a nursing facility who ismay appeal if adversely	121694
affected by a determination made by the department of ~~mental~~	121695
~~health~~mental health and addiction services under section	121696
~~5119.061~~5119.40 of the Revised Code or by the department of	121697
developmental disabilities under section 5123.021 of the Revised	121698
Code. ~~The hearing shall be conducted in the same manner as~~	121699
~~hearings conducted under~~If the individual is an applicant for or	121700
recipient of medicaid, the individual may appeal pursuant to	121701
section 5160.31 of the Revised Code. If the individual is not an	121702
applicant for or recipient of medicaid, the individual may appeal	121703
pursuant to a process the department of medicaid shall establish,	121704
which shall be similar to the appeals process established by	121705
section 5101.35 of the Revised Code. The department of medicaid	121706
shall provide notice of the right to appeal to individuals	121707
adversely affected by determinations made under sections 5119.40	121708
and 5123.021 of the Revised Code. Any decision made ~~by the~~	121709
~~department of job and family services~~ on the basis of ~~the hearing~~	121710
such an appeal is binding on the department of ~~mental health~~	121711
mental health and addiction services and the department of	121712
developmental disabilities.	121713

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	121714
"representative" means a person acting on behalf of an applicant	121715
for or recipient of medicaid. A representative may be a family	121716
member, attorney, hospital social worker, or any other person	121717
chosen to act on behalf of an applicant or recipient.	121718

(B) The department of ~~job and family services~~medicaid may	121719
require each applicant for or recipient of medicaid who applies or	121720
intends to apply for admission to a nursing facility or resides in	121721
a nursing facility to undergo an assessment to determine whether	121722
the applicant or recipient needs the level of care provided by a	121723
nursing facility. The assessment may be performed concurrently	121724
with a long-term care consultation provided under section 173.42	121725
of the Revised Code.	121726

To the maximum extent possible, the assessment shall be based	121727
on information from the resident assessment instrument specified	121728
in rules ~~adopted~~authorized by ~~the director of job and family~~	121729
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	121730
Revised Code. The assessment shall also be based on criteria and	121731
procedures established in rules ~~adopted under~~authorized by	121732
division (F) of this section and information provided by the	121733
person being assessed or the person's representative.	121734

The department of ~~job and family services~~medicaid, or if the	121735
assessment is performed by an agency under contract with the	121736
department pursuant to division (G) of this section, the agency,	121737
shall, not later than the time the level of care determination	121738
based on the assessment is required to be provided under division	121739
(C) of this section, give written notice of its conclusions and	121740
the basis for them to the person assessed and, if the department	121741
~~of job and family services~~ or agency under contract with the	121742
department has been informed that the person has a representative,	121743
to the representative.	121744

(C) The department ~~of job and family services~~ or agency under	121745
contract with the department, whichever performs the assessment,	121746
shall provide a level of care determination based on the	121747
assessment as follows:	121748

(1) In the case of a person applying or intending to apply	121749
for admission to a nursing facility while hospitalized, not later	121750
than one of the following:	121751

(a) One working day after the person or the person's	121752
representative submits the application or notifies the department	121753
of the person's intention to apply and submits all information	121754
required for providing the level of care determination, as	121755
specified in rules ~~adopted under~~authorized by division (F)(2) of	121756
this section;	121757

(b) A later date requested by the person or the person's	121758
representative.	121759

(2) In the case of a person applying or intending to apply	121760
for admission to a nursing facility who is not hospitalized, not	121761
later than one of the following:	121762

(a) Five calendar days after the person or the person's	121763
representative submits the application or notifies the department	121764
of the person's intention to apply and submits all information	121765
required for providing the level of care determination, as	121766
specified in rules ~~adopted under~~authorized by division (F)(2) of	121767
this section;	121768

(b) A later date requested by the person or the person's	121769
representative.	121770

(3) In the case of a person who resides in a nursing	121771
facility, not later than one of the following:	121772

(a) Five calendar days after the person or the person's	121773
representative submits an application for ~~medical assistance~~	121774
medicaid and submits all information required for providing the	121775
level of care determination, as specified in rules ~~adopted under~~	121776
authorized by division (F)(2) of this section;	121777

(b) A later date requested by the person or the person's	121778
representative.	121779

(4) In the case of an emergency, as specified in rules	121780
~~adopted under~~authorized by division (F)(4) of this section,	121781
within the number of days specified in the rules.	121782

(D) A person assessed under this section or the person's	121783
representative may ~~request a state hearing to dispute~~appeal the	121784
conclusions reached by the department ~~of job and family services~~	121785
or agency under contract with the department on the basis of the	121786
assessment. The ~~request for a state hearing~~appeal shall be made	121787
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	121788
Revised Code. The department ~~of job and family services~~ or agency	121789
under contract with the department shall provide to the person or	121790
the person's representative and the nursing facility written	121791
notice of the person's right to request a state hearing. The	121792
notice shall include an explanation of the procedure for	121793
requesting a state hearing. If a state hearing is requested, the	121794
state shall be represented in the hearing by the department ~~of job~~	121795
~~and family services~~ or the agency under contract with the	121796
department, whichever performed the assessment.	121797

(E) A nursing facility that admits or retains a person	121798
determined pursuant to an assessment required under this section	121799
not to need the level of care provided by the nursing facility	121800
shall not be ~~reimbursed~~paid under the medicaid program for the	121801
person's care.	121802

(F) The medicaid director ~~of job and family services~~ shall	121803
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	121804
of the Revised Code to implement and administer this section. The	121805
rules shall include all of the following:	121806

(1) Criteria and procedures to be used in determining whether	121807
admission to a nursing facility or continued stay in a nursing	121808
facility is appropriate for the person being assessed;	121809

(2) Information the person being assessed or the person's	121810
representative must provide to the department or agency under	121811
contract with the department for purposes of the assessment and	121812
providing a level of care determination based on the assessment;	121813

(3) Circumstances under which a person is not required to be	121814
assessed;	121815

(4) Circumstances that constitute an emergency for purposes	121816
of division (C)(4) of this section and the number of days within	121817
which a level of care determination must be provided in the case	121818
of an emergency.	121819

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	121820
the department of ~~job and family services~~medicaid may enter into	121821
contracts in the form of interagency agreements with one or more	121822
other state agencies to perform the assessments required under	121823
this section. The interagency agreements shall specify the	121824
responsibilities of each agency in the performance of the	121825
assessments.	121826

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	121827
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	121828
~~payments, the operator of~~to enter into a provider agreement for a	121829
nursing facility ~~or intermediate care facility for the mentally~~	121830
~~retarded shall do~~if all of the following apply:	121831

~~(1) Enter into a provider agreement with the department as~~	121832
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	121833
~~Code~~(A) The nursing facility is certified by the director of	121834
health for participation in medicaid;	121835

~~(2) Apply for and maintain a valid license to operate~~(B) The	121836
nursing facility is licensed by the director of health as a	121837
nursing home if so required by law;	121838

~~(3) Subject to division (B) of this section,~~(C) The operator	121839
and nursing facility comply with all applicable state and federal	121840
laws and rules.	121841

~~(B) A state rule that requires the operator of an~~	121842
~~intermediate care facility for the mentally retarded to have~~	121843
~~received approval of a plan for the proposed facility pursuant to~~	121844
~~section 5123.042 of the Revised Code as a condition of the~~	121845
~~operator being eligible for medicaid payments for the facility~~	121846
~~does not apply if, under former section 5123.193 of the Revised~~	121847
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	121848
~~or section 5123.197 of the Revised Code, a residential facility~~	121849
~~license was obtained or modified for the facility without~~	121850
~~obtaining approval of such a plan.~~	121851

~~(C)(1) Except as provided in division (C)(2) of this section,~~	121852
~~the operator of a nursing facility that elects to obtain and~~	121853
~~maintain eligibility for payments under the medicaid program shall~~	121854
~~qualify all of the facility's medicaid-certified beds in the~~	121855
~~medicare program established by Title XVIII. The director of job~~	121856
~~and family services may adopt rules under section 5111.02 of the~~	121857
~~Revised Code to establish the time frame in which a nursing~~	121858
~~facility must comply with this requirement.~~	121859

~~(2) The department of veterans services is not required to~~	121860
~~qualify all of the medicaid-certified beds in a nursing facility~~	121861
~~the agency maintains and operates under section 5907.01 of the~~	121862
~~Revised Code in the medicare program.~~	121863

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	121864
5165.072 of the Revised Code, the department of medicaid shall	121865
enter into a provider agreement with a nursing facility operator	121866
who applies, and is eligible, for the provider agreement.	121867

(B) A provider agreement ~~between the department of job and~~	121868
~~family services and the provider of a nursing facility or~~	121869
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	121870
require the ~~following provisions:~~	121871

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	121872
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	121873
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	121874
nursing facility services the nursing facility provides to a	121875
~~resident of the~~its residents who are medicaid recipients eligible	121876
for nursing facility ~~who is a medicaid recipient~~services. No	121877
~~payment shall be made for the day a medicaid recipient is~~	121878
~~discharged from the facility.~~	121879

~~(B) The~~(C) A provider agreement shall require the provider	121880
~~agrees~~ to do all of the following:	121881

(1) Maintain eligibility for the provider agreement as	121882
provided in section ~~5111.21~~5165.06 of the Revised Code;	121883

(2) Keep records relating to a cost reporting period for the	121884
greater of seven years after the cost report is filed or, if the	121885
department issues an audit report in accordance with ~~division (B)~~	121886
of section ~~5111.27~~5165.109 of the Revised Code, six years after	121887
all appeal rights relating to the audit report are exhausted;	121888

(3) File reports as required by the department;

121889

(4) Open all records relating to the costs of ~~its~~the nursing	121890
facility's services for inspection and audit by the department;	121891

(5) Open its premises for inspection by the department, the	121892
department of health, and any other state or local authority	121893
having authority to inspect;	121894

(6) Supply to the department such information as it requires	121895
concerning the nursing facility's services to residents who are,	121896
or are eligible to be, medicaid recipients;	121897

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

121898

~~The~~(D) A provider agreement may contain other provisions	121899
that are consistent with law and considered necessary by the	121900
department.	121901

~~A provider agreement shall be effective for no longer than~~	121902
~~twelve months, except that if federal statute or regulations~~	121903
~~authorize a longer term, it may be effective for a longer term so~~	121904
~~authorized. A provider agreement may be renewed only if the~~	121905
~~facility is certified by the department of health for~~	121906
~~participation in the medicaid program.~~	121907

~~The department of job and family services, in accordance with~~	121908
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	121909
~~not to enter into, not to renew, or to terminate a provider~~	121910
~~agreement when the department determines that such an agreement~~	121911
~~would not be in the best interests of medicaid recipients or of~~	121912
~~the state.~~	121913

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	121914
~~nursing facility or intermediate care facility for the mentally~~	121915
~~retarded~~ may enter into provider agreements for more than one	121916
nursing facility ~~or intermediate care facility for the mentally~~	121917
~~retarded~~.	121918

Sec. 5165.072. The department of medicaid shall not	121919
revalidate a nursing facility provider agreement if the provider	121920
fails to maintain eligibility for the provider agreement as	121921
provided in section 5165.06 of the Revised Code.	121922

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	121923
~~services~~medicaid shall terminate the provider agreement with a	121924
nursing facility provider that does not comply with the	121925
requirements of section 3721.071 of the Revised Code for the	121926
installation of fire extinguishing and fire alarm systems.	121927

~~Sec. 5111.31.~~ Sec. 5165.08. (A) As used in this section:

121928

"Bed need" means the number of long-term care beds a county	121929
needs as determined by the director of health pursuant to division	121930
(B)(3) of section 3702.593 of the Revised Code.	121931

"Bed need excess" means that a county's bed need is such that	121932
one or more long-term care beds may be relocated from the county	121933
according to the director's determination of the county's bed	121934
need.	121935

(B) Every provider agreement with ~~the~~a nursing facility	121936
provider ~~of a nursing facility or intermediate care facility for~~	121937
~~the mentally retarded~~ shall do both of the following:	121938

(1) Permit the provider to exclude one or more parts of the	121939
nursing facility from the provider agreement, even though those	121940
parts meet federal and state standards for medicaid certification,	121941
if all of the following apply:	121942

(a) The nursing facility initially obtained both its nursing	121943
home license under Chapter 3721. of the Revised Code and medicaid	121944
certification on or after January 1, 2008.	121945

(b) The nursing facility is located in a county that has a	121946
bed need excess at the time the provider excludes the parts from	121947
the provider agreement.	121948

(c) Federal law permits the provider to exclude the parts	121949
from the provider agreement.	121950

(d) The provider gives the department of medicaid written	121951
notice of the exclusion not less than forty-five days before the	121952
first day of the calendar quarter in which the exclusion is to	121953
occur.	121954

(2) Prohibit the provider from doing either of the following:

121955

(a) Discriminating against a resident on the basis of race,	121956
color, sex, creed, or national origin;	121957

(b) Subject to division (D) of this section, failing or	121958
refusing to ~~retain~~do either of the following:	121959

(i) Except as otherwise prohibited under section 5165.82 of	121960
the Revised Code, admit as a resident of the nursing facility an	121961
individual because the individual is, or may (as a resident of the	121962
nursing facility) become, a medicaid recipient unless at least	121963
twenty-five per cent of the nursing facility's medicaid-certified	121964
beds are occupied by medicaid recipients at the time the person	121965
would otherwise be admitted;	121966

(ii) Retain as a ~~patient any person~~resident of the nursing	121967
facility an individual because the ~~person~~individual is, ~~becomes,~~	121968
or may (as a resident of the nursing facility) become, ~~as a~~	121969
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	121970
~~purposes of this division, a medicaid recipient who is a patient~~	121971
~~in a facility shall be considered a patient in the facility during~~	121972
~~any hospital stays totaling less than twenty-five days during any~~	121973
~~twelve-month period. Recipients who have been identified by the~~	121974
~~department of job and family services or its designee as requiring~~	121975
~~the level of care of an intermediate care facility for the~~	121976
~~mentally retarded shall not be subject to a maximum period of~~	121977
~~absences during which they are considered patients if prior~~	121978
~~authorization of the department for visits with relatives and~~	121979
~~friends and participation in therapeutic programs is obtained~~	121980
~~under rules adopted under section 5111.02 of the Revised Code.~~	121981

~~(2) Except as provided by division (B)(1) of this section,~~	121982
~~include any part of the facility that meets standards for~~	121983
~~certification of compliance with federal and state laws and rules~~	121984
~~for participation in the medicaid program.~~	121985

~~(3) Prohibit the provider from discriminating against any~~	121986
~~patient on the basis of race, color, sex, creed, or national~~	121987
~~origin.~~	121988

~~(4) Except as otherwise prohibited under section 5111.55 of~~	121989
~~the Revised Code, prohibit the provider from failing or refusing~~	121990
~~to accept a patient because the patient is, becomes, or may, as a~~	121991
~~patient in the facility, become a medicaid recipient if less than~~	121992
~~eighty per cent of the patients in the facility are medicaid~~	121993
~~recipients.~~	121994

~~(B)(1) Except as provided by division (B)(2) of this section,~~	121995
~~the following are not required to be included in a provider~~	121996
~~agreement unless otherwise required by federal law:~~	121997

~~(a) Beds added during the period beginning July 1, 1987, and~~	121998
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	121999
~~3721. of the Revised Code;~~	122000

~~(b) Beds in an intermediate care facility for the mentally~~	122001
~~retarded that are designated for respite care under a medicaid~~	122002
~~waiver component operated pursuant to a waiver sought under~~	122003
~~section 5111.87 of the Revised Code.~~	122004

~~(2) If a provider chooses to include a bed specified in~~	122005
~~division (B)(1)(a) of this section in a provider agreement, the~~	122006
~~bed may not be removed from the provider agreement unless the~~	122007
~~provider withdraws the facility in which the bed is located from~~	122008
~~the medicaid program.~~	122009

(C) For the purpose of division (B)(2)(b)(ii) of this	122010
section, a medicaid recipient who is a resident of a nursing	122011
facility shall be considered a resident of the nursing facility	122012
during any hospital stays totaling less than twenty-five days	122013
during any twelve-month period.	122014

(D) Nothing in this section shall bar a provider ~~that~~from	122015
doing any of the following:	122016

(1) If the provider is a religious organization operating a	122017
religious or denominational nursing facility ~~or intermediate care~~	122018
~~facility for the mentally retarded~~ from giving preference to	122019
persons of the same religion or denomination~~. Nothing in this~~	122020
~~section shall bar any provider from giving~~;	122021

(2) Giving preference to persons with whom the provider has	122022
contracted to provide continuing care.	122023

~~(D) Nothing in this section shall bar the provider of~~;

122024

(3) If the nursing facility is a county home organized under	122025
Chapter 5155. of the Revised Code ~~from~~, admitting residents	122026
exclusively from the county in which the county home is located.	122027

~~(E) No provider of a nursing facility or intermediate care~~	122028
~~facility for the mentally retarded for which a provider agreement~~	122029
~~is in effect shall violate the provider contract obligations~~	122030
~~imposed under this section.~~	122031

~~(F) Nothing in divisions (A) and (C) of this section shall~~	122032
~~bar a provider from retaining patients~~;	122033

(4) Retaining residents who have resided in the provider's	122034
nursing facility for not less than one year as private pay	122035
patients and who subsequently become medicaid recipients, but	122036
refusing to accept as a ~~patient~~resident any person who is, or	122037
may,(as a ~~patient in~~resident of the nursing facility,) become a	122038
medicaid recipient, if all of the following apply:	122039

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	122040
resident who has resided in the provider's nursing facility for	122041
not less than one year as a private pay ~~patient~~resident because	122042
the ~~patient~~resident becomes a medicaid recipient, except as	122043
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	122044

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	122045
division (D)(4) of this section does not at any time exceed ten	122046
per cent of all the ~~patients~~residents in the nursing facility;	122047

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	122048
nursing facility were private pay ~~patients~~residents.	122049

(E) No provider shall violate the provider agreement	122050
obligations imposed by this section.	122051

(F) A nursing facility provider who excludes one or more	122052
parts of the nursing facility from a provider agreement pursuant	122053
to division (B)(1) of this section does not violate division (C)	122054
of section 3702.53 of the Revised Code.	122055

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	122056
resident has a cause of action against ~~the~~a nursing facility	122057
provider ~~of a nursing facility or intermediate care facility for~~	122058
~~the mentally retarded~~ for breach of the provider agreement	122059
obligations or other duties imposed by section ~~5111.31~~5165.08 of	122060
the Revised Code. The action may be commenced by the ~~patient~~	122061
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	122062
resident's sponsor or a residents' rights advocate, ~~as either is~~	122063
~~defined under section 3721.10 of the Revised Code,~~ by the filing	122064
of a civil action in the court of common pleas of the county in	122065
which the nursing facility is located, or in the court of common	122066
pleas of Franklin county.	122067

If ~~the~~a court of common pleas finds that a ~~breach of the~~	122068
provider has breached a provider agreement ~~obligations~~obligation	122069
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	122070
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	122071
following:	122072

(A) Enjoin the provider from engaging in the practice~~, order~~;

122073

(B) Order such affirmative relief as may be necessary~~, and~~	122074
~~award~~;	122075

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	122076
~~public agency~~government entity that brings anthe action on	122077
behalf of a ~~patient~~resident actual damages, costs, and reasonable	122078
attorney's fees.	122079

Sec. 5165.082. (A) Except as provided in division (B) of	122080
this section, the operator of a nursing facility that elects to	122081
have the nursing facility participate in the medicaid program	122082
shall qualify all of the nursing facility's medicaid-certified	122083
beds in the medicare program. The medicaid director may adopt	122084
rules under section 5165.02 of the Revised Code to establish the	122085
time frame in which a nursing facility must comply with this	122086
requirement.	122087

(B) The department of veterans services is not required to	122088
qualify all of the medicaid-certified beds in a nursing facility	122089
the department maintains and operates under section 5907.01 of the	122090
Revised Code in the medicare program.	122091

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	122092
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	122093
provider shall file with the department of ~~job and family services~~	122094
medicaid an annual cost report for each of the provider's nursing	122095
facilities ~~and intermediate care facilities for the mentally~~	122096
~~retarded~~ that participate in the medicaid program. ~~A provider~~	122097
~~shall prepare the reports in accordance with guidelines~~	122098
~~established by the department. A~~The cost report for a year shall	122099
cover athe calendar year or the portion of athe calendar year	122100
during which the nursing facility participated in the medicaid	122101
program. ~~A provider shall file the reports within~~Except as	122102
provided in division (E) of this section, the cost report is due	122103
not later than ninety days after the end of the calendar year, or	122104
portion of the calendar year, that the cost report covers. ~~The~~	122105
~~department, for good cause, may grant a fourteen-day extension of~~	122106
~~the time for filing cost reports upon written request from a~~	122107
~~provider. The director of job and family services shall prescribe,~~	122108
~~in rules adopted under section 5111.02 of the Revised Code, the~~	122109
~~cost reporting form and a uniform chart of accounts for the~~	122110
~~purpose of cost reporting, and shall distribute cost reporting~~	122111
~~forms or computer software for electronic submission of the cost~~	122112
~~report to each provider at least sixty days before the reporting~~	122113
~~date.~~	122114

~~(b) If rates for a provider's nursing facility or~~	122115
~~intermediate care facility for the mentally retarded were most~~	122116
~~recently established under section 5111.254 or 5111.255 of the~~	122117
~~Revised Code, the provider shall submit a cost report for that~~	122118
~~facility no later than ninety days after the end of the facility's~~	122119
~~first three full calendar months of operation. If a nursing~~	122120
~~facility or intermediate care facility for the mentally retarded~~	122121
~~undergoes a change of provider that the department determines, in~~	122122
~~accordance with rules adopted under section 5111.02 of the Revised~~	122123
~~Code, is an arm's length transaction, the new provider shall~~	122124
~~submit a cost report for that facility not later than ninety days~~	122125
~~after the end of the facility's first three full calendar months~~	122126
~~of operation under the new provider. The provider of a facility~~	122127
~~that opens or undergoes a change of provider that is an arm's~~	122128
~~length transaction after the first day of October in any calendar~~	122129
~~year is not required to file a cost report for that calendar year.~~	122130

~~(c)~~(B) If a nursing facility undergoes a change of provider	122131
that the department determines, in accordance with rules adopted	122132
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	122133
arm's length transaction, the new provider shall file athe	122134
nursing facility's cost report ~~under~~in accordance with division	122135
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	122136
report shall cover the portion of the calendar year during which	122137
the new provider operated the nursing facility and the portion of	122138
the calendar year during which the previous provider operated the	122139
nursing facility.	122140

~~(2) If a provider required to submit a cost report for a~~	122141
~~nursing facility or intermediate care facility for the mentally~~	122142
~~retarded does not file the report within the required time period~~	122143
~~or within fourteen days thereafter if an extension is granted~~	122144
~~under division (A)(1)(a) of this section, or files an incomplete~~	122145
~~or inadequate report for the facility, the department shall~~	122146
~~provide immediate written notice to the provider that the provider~~	122147
~~agreement for the facility will be terminated in thirty days~~	122148
~~unless the provider submits a complete and adequate cost report~~	122149
~~for the facility within thirty days. During the thirty-day~~	122150
~~termination period or any additional time allowed for an appeal of~~	122151
~~the proposed termination of a provider agreement, the provider~~	122152
~~shall be paid the facility's then current per resident per day~~	122153
~~rate, minus two dollars. On July 1, 1994, the department shall~~	122154
~~adjust the two-dollar reduction to reflect the rate of inflation~~	122155
~~during the preceding twelve months, as shown in the consumer price~~	122156
~~index for all items for all urban consumers for the north central~~	122157
~~region, published by the United States bureau of labor statistics.~~	122158
~~On July 1, 1995, and the first day of July of each year~~	122159
~~thereafter, the department shall adjust the amount of the~~	122160
~~reduction in effect during the previous twelve months to reflect~~	122161
~~the rate of inflation during the preceding twelve months, as shown~~	122162
~~in the same index.~~	122163

~~(B) No provider shall report fines paid under sections~~	122164
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	122165
~~cost report filed under this section.~~	122166

(C) ~~The department shall develop an addendum to the cost~~	122167
~~report form that a provider may use to set forth costs that the~~	122168
~~provider believes may be disputed by the department. Any costs~~	122169
~~reported by the provider on the addendum may be considered by the~~	122170
~~department in setting the facility's rate. If the department does~~	122171
~~not consider the costs listed on the addendum in setting the~~	122172
~~facility's rate, the provider may seek reconsideration of that~~	122173
~~determination under section 5111.29 of the Revised Code. If the~~	122174
~~department subsequently includes the costs listed in the addendum~~	122175
~~in the facility's rate, the department shall pay the provider~~	122176
~~interest at a reasonable rate established in rules adopted under~~	122177
~~section 5111.02 of the Revised Code for the time that the rate~~	122178
~~paid excluded the costs.~~If the medicaid payment rate for a new	122179
nursing facility was most recently determined in accordance with	122180
section 5165.151 of the Revised Code, the provider shall file with	122181
the department a cost report for the new nursing facility not	122182
later than, except as provided in division (E) of this section,	122183
ninety days after the end of the new nursing facility's first	122184
three full calendar months of operation. The cost report shall	122185
cover the period that begins with the nursing facility's first day	122186
of operation and ends on the first day of the month immediately	122187
following the first three full months of operation.	122188

(D) A nursing facility provider is not required to file a	122189
cost report for a nursing facility for a calendar year in	122190
accordance with division (A) of this section if the provider files	122191
a cost report for the nursing facility under division (C) of this	122192
section and that cost report covers a period that begins after the	122193
first day of October of that calendar year. The provider shall	122194
file a cost report for the nursing facility in accordance with	122195
division (A) of this section for the immediately following	122196
calendar year.	122197

(E) The department may grant to a provider a fourteen-day	122198
extension to file a cost report under this section if the provider	122199
provides the department a written request for the extension and	122200
the department determines that there is good cause for the	122201
extension.	122202

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	122203
~~nursing facility~~ filing the nursing facility's cost report with	122204
the department of ~~job and family services~~medicaid under section	122205
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	122206
nonreimbursable expense the cost of the nursing facility's	122207
franchise permit fee.	122208

Sec. 5165.102. No nursing facility provider shall report	122209
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	122210
the Revised Code in a cost report filed under section 5165.10 or	122211
5165.522 of the Revised Code.	122212

Sec. 5165.103. Cost reports shall be completed using the	122213
form prescribed under section 5165.104 of the Revised Code and in	122214
accordance with the guidelines established under that section.	122215

Sec. 5165.104. The department of medicaid shall do all of	122216
the following:	122217

(A) Prescribe the form to be used for completing a cost	122218
report and a uniform chart of accounts for the purpose of	122219
reporting costs on the form;	122220

(B) Distribute a paper copy of the form, or computer software	122221
for electronic submission of the form, to each provider at least	122222
sixty days before the date the cost report is due;	122223

122224

Sec. 5165.105. The department of medicaid shall develop an	122225
addendum to the cost report form that a nursing facility provider	122226
may use to set forth costs that the provider believes the	122227
department may dispute. The department may consider such costs in	122228
determining a nursing facility's medicaid payment rate. If the	122229
department does not consider such costs in determining a nursing	122230
facility's medicaid payment rate, the provider may seek	122231
reconsideration of the determination in accordance with section	122232
5165.38 of the Revised Code. If the department subsequently	122233
includes such costs in a nursing facility's medicaid payment rate,	122234
the department shall pay the provider interest at a reasonable	122235
rate established in rules adopted under section 5165.02 of the	122236
Revised Code for the period that the rate excluded the costs.	122237

Sec. 5165.106. If a nursing facility provider required by	122238
section 5165.10 of the Revised Code to file a cost report for the	122239
nursing facility fails to file the cost report by the date it is	122240
due or the date, if any, to which the due date is extended	122241
pursuant to division (E) of that section, or files an incomplete	122242
or inadequate report for the nursing facility under that section,	122243
the department of medicaid shall provide immediate written notice	122244
to the provider that the provider agreement for the nursing	122245
facility will be terminated in thirty days unless the provider	122246
submits a complete and adequate cost report for the nursing	122247
facility within thirty days. During the thirty-day termination	122248
period or any additional time allowed for an appeal of the	122249
proposed termination of a provider agreement, the provider shall	122250
be paid the nursing facility's then current per medicaid day	122251
payment rate, minus the dollar amount by which nursing facility's	122252
per medicaid day payment rates are reduced during fiscal year 2013	122253
in accordance with division (A)(2) of section 5111.26 of the	122254
Revised Code (renumbered as section 5165.10 of the Revised Code by	122255
H.B. 59 of the 130th general assembly) as that section existed on	122256
the day immediately preceding the effective date of this section.	122257
On the first day of each July, the department shall adjust the	122258
amount of the reduction in effect during the previous twelve	122259
months to reflect the rate of inflation during the preceding	122260
twelve months, as shown in the consumer price index for all items	122261
for all urban consumers for the north central region, published by	122262
the United States bureau of labor statistics.	122263

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	122264
(B) of this section and not later than three years after a nursing	122265
facility provider files a cost report with the department of ~~job~~	122266
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	122267
Revised Code, the provider may amend the cost report if the	122268
provider discovers a material error in the cost report or	122269
additional information to be included in the cost report. The	122270
department shall review the amended cost report for accuracy and	122271
notify the provider of its determination.	122272

(B) A provider may not amend a cost report if the department	122273
has notified the provider that an audit of the cost report or a	122274
cost report of the provider for a subsequent cost reporting period	122275
is to be conducted under section ~~5111.27~~5165.109 of the Revised	122276
Code. The provider may, however, provide the department	122277
information that affects the costs included in the cost report.	122278
Such information may not be provided after the adjudication of the	122279
final settlement of the cost report.	122280

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	122281
~~services~~medicaid shall conduct a desk review of each cost report	122282
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	122283
Revised Code. Based on the desk review, the department shall make	122284
a preliminary determination of whether the reported costs are	122285
allowable costs. The department shall notify each nursing facility	122286
provider of whether any of the reported costs are preliminarily	122287
determined not to be allowable, the medicaid payment rate	122288
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	122289
~~Revised Code~~this chapter that results from that determination,	122290
and the reasons for the determination and resulting rate. The	122291
department shall allow the provider to verify the calculation and	122292
submit additional information.	122293

~~(B) The department may conduct an audit, as defined by rule~~	122294
~~adopted under section 5111.02 of the Revised Code, of any cost~~	122295
~~report. The decision whether to conduct an audit and the scope of~~	122296
~~the audit, which may be a desk or field audit, may be determined~~	122297
~~based on prior performance of the provider, a risk analysis, or~~	122298
~~other evidence that gives the department reason to believe that~~	122299
~~the provider has reported costs improperly. A desk or field audit~~	122300
~~may be performed annually, but is required whenever a provider~~	122301
~~does not pass the risk analysis tolerance factors. An audit shall~~	122302
~~be conducted by auditors under contract with or employed by the~~	122303
~~department. The department shall notify a provider of the findings~~	122304
~~of an audit by issuing an audit report. An audit report regarding~~	122305
~~a nursing facility shall include notice of any fine imposed under~~	122306
~~section 5111.271 of the Revised Code. The department shall issue~~	122307
~~the audit report no later than three years after the cost report~~	122308
~~is filed, or upon the completion of a desk or field audit on the~~	122309
~~report or a report for a subsequent cost reporting period,~~	122310
~~whichever is earlier.~~	122311

~~The department may establish a contract for the auditing of~~	122312
~~facilities by outside firms. Each contract entered into by bidding~~	122313
~~shall be effective for one to two years. The department shall~~	122314
~~establish an audit manual and program which shall require that all~~	122315
~~field audits, conducted either pursuant to a contract or by~~	122316
~~department employees:~~	122317

~~(1) Comply with the applicable rules prescribed pursuant to~~	122318
~~Titles XVIII and XIX;~~	122319

~~(2) Consider generally accepted auditing standards prescribed~~	122320
~~by the American institute of certified public accountants;~~	122321

~~(3) Include a written summary as to whether the costs~~	122322
~~included in the report examined during the audit are allowable and~~	122323
~~are presented in accordance with state and federal laws and~~	122324
~~regulations, and whether, in all material respects, allowable~~	122325
~~costs are documented, reasonable, and related to patient care;~~	122326

~~(4) Are conducted by accounting firms or auditors who, during~~	122327
~~the period of the auditors' professional engagement or employment~~	122328
~~and during the period covered by the cost reports, do not have nor~~	122329
~~are committed to acquire any direct or indirect financial interest~~	122330
~~in the ownership, financing, or operation of a nursing facility or~~	122331
~~intermediate care facility for the mentally retarded in this~~	122332
~~state;~~	122333

~~(5) Are conducted by accounting firms or auditors who, as a~~	122334
~~condition of the contract or employment, shall not audit any~~	122335
~~facility that has been a client of the firm or auditor;~~	122336

~~(6) Are conducted by auditors who are otherwise independent~~	122337
~~as determined by the standards of independence included in the~~	122338
~~government auditing standards produced by the United States~~	122339
~~government accountability office;~~	122340

~~(7) Are completed within the time period specified by the~~	122341
~~department;~~	122342

~~(8) Provide to the provider complete written interpretations~~	122343
~~that explain in detail the application of all relevant contract~~	122344
~~provisions, regulations, auditing standards, rate formulae, and~~	122345
~~departmental policies, with explanations and examples, that are~~	122346
~~sufficient to permit the provider to calculate with reasonable~~	122347
~~certainty those costs that are allowable and the rate to which the~~	122348
~~provider's facility is entitled.~~	122349

~~For the purposes of division (B)(4) of this section,~~	122350
~~employment of a member of an auditor's family by a nursing~~	122351
~~facility or intermediate care facility for the mentally retarded~~	122352
~~that the auditor does not review does not constitute a direct or~~	122353
~~indirect financial interest in the ownership, financing, or~~	122354
~~operation of the facility.~~	122355

~~(C) The department, pursuant to rules adopted under section~~	122356
~~5111.02 of the Revised Code, may conduct an exception review of~~	122357
~~assessment data submitted under section 5111.232 of the Revised~~	122358
~~Code. The department may conduct an exception review based on the~~	122359
~~findings of a certification survey conducted by the department of~~	122360
~~health, a risk analysis, or prior performance of the provider.~~	122361

~~Exception reviews shall be conducted at the facility by~~	122362
~~appropriate health professionals under contract with or employed~~	122363
~~by the department of job and family services. The professionals~~	122364
~~may review resident assessment forms and supporting documentation,~~	122365
~~conduct interviews, and observe residents to identify any patterns~~	122366
~~or trends of inaccurate assessments and resulting inaccurate~~	122367
~~case-mix scores.~~	122368

~~The rules shall establish an exception review program that~~	122369
~~requires that exception reviews do all of the following:~~	122370

~~(1) Comply with Titles XVIII and XIX;~~

122371

~~(2) Provide a written summary that states whether the~~	122372
~~resident assessment forms have been completed accurately;~~	122373

~~(3) Are conducted by health professionals who, during the~~	122374
~~period of their professional engagement or employment with the~~	122375
~~department, neither have nor are committed to acquire any direct~~	122376
~~or indirect financial interest in the ownership, financing, or~~	122377
~~operation of a nursing facility or intermediate care facility for~~	122378
~~the mentally retarded in this state;~~	122379

~~(4) Are conducted by health professionals who, as a condition~~	122380
~~of their engagement or employment with the department, shall not~~	122381
~~review any provider that has been a client of the professional.~~	122382

~~For the purposes of division (C)(3) of this section,~~	122383
~~employment of a member of a health professional's family by a~~	122384
~~nursing facility or intermediate care facility for the mentally~~	122385
~~retarded that the professional does not review does not constitute~~	122386
~~a direct or indirect financial interest in the ownership,~~	122387
~~financing, or operation of the facility.~~	122388

~~If an exception review is conducted before the effective date~~	122389
~~of the rate that is based on the case-mix data subject to the~~	122390
~~review and the review results in findings that exceed tolerance~~	122391
~~levels specified in the rules adopted under this division, the~~	122392
~~department, in accordance with those rules, may use the findings~~	122393
~~to recalculate individual resident case-mix scores, quarterly~~	122394
~~average facility case-mix scores, and annual average facility~~	122395
~~case-mix scores. The department may use the recalculated quarterly~~	122396
~~and annual facility average case-mix scores to calculate the~~	122397
~~facility's rate for direct care costs for the appropriate calendar~~	122398
~~quarter or quarters.~~	122399

~~(D) The department shall prepare a written summary of any~~	122400
~~audit disallowance or exception review finding that is made after~~	122401
~~the effective date of the rate that is based on the cost or~~	122402
~~case-mix data. Where the provider is pursuing judicial or~~	122403
~~administrative remedies in good faith regarding the disallowance~~	122404
~~or finding, the department shall not withhold from the provider's~~	122405
~~current payments any amounts the department claims to be due from~~	122406
~~the provider pursuant to section 5111.28 of the Revised Code.~~	122407

~~(E) The department shall not reduce rates calculated under~~	122408
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	122409
~~the provider charges a lower rate to any resident who is not~~	122410
~~eligible for the medicaid program.~~	122411

~~(F) The department shall adjust the rates calculated under~~	122412
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	122413
~~reasonable additional costs that must be incurred by intermediate~~	122414
~~care facilities for the mentally retarded to comply with~~	122415
~~requirements of federal or state statutes, rules, or policies~~	122416
~~enacted or amended after January 1, 1992, or with orders issued by~~	122417
~~state or local fire authorities.~~	122418

Sec. 5165.109. (A) The department of medicaid may conduct an	122419
audit, as defined in rules adopted under section 5165.02 of the	122420
Revised Code, of any cost report filed under section 5165.10 or	122421
5165.522 of the Revised Code. The decision whether to conduct an	122422
audit and the scope of the audit, which may be a desk or field	122423
audit, may be determined based on prior performance of the	122424
provider, a risk analysis, or other evidence that gives the	122425
department reason to believe that the provider has reported costs	122426
improperly. A desk or field audit may be performed annually, but	122427
is required whenever a provider does not pass the risk analysis	122428
tolerance factors.	122429

(B) Audits shall be conducted by auditors under contract with	122430
the department, auditors working for firms under contract with the	122431
department, or auditors employed by the department.	122432

The department may establish a contract for the auditing of	122433
nursing facilities by outside firms. Each contract entered into by	122434
bidding shall be effective for one to two years.	122435

(C) The department shall notify a provider of the findings of	122436
an audit of a cost report by issuing an audit report. The audit	122437
report shall include notice of any fine imposed under section	122438
5165.1010 of the Revised Code. The department shall issue the	122439
audit report not later than three years after the earlier of the	122440
following:	122441

(1) The date the cost report is filed;

122442

(2) The date a desk or field audit of the cost report or a	122443
cost report for a subsequent cost reporting period is completed.	122444

(D) The department shall prepare a written summary of any	122445
audit disallowance that is made after the effective date of the	122446
rate that is based on the cost. Where the provider is pursuing	122447
judicial or administrative remedies in good faith regarding the	122448
disallowance, the department shall not withhold from the	122449
provider's current payments any amounts the department claims to	122450
be due from the provider pursuant to section 5165.41 of the	122451
Revised Code.	122452

(E)(1) The department shall establish an audit manual and	122453
program for field audits conducted under this section. Each	122454
auditor conducting a field audit under this section shall follow	122455
the audit manual and program, regardless of whether the auditor is	122456
under contract with the department, works for a firm under	122457
contract with the department, or is employed by the department.	122458
The manual and program shall do both of the following:	122459

(a) Require each field audit to be conducted by an auditor to	122460
whom all of the following apply:	122461

(i) During the period of the auditor's contract, firm's	122462
contract, or auditor's employment with the department, the auditor	122463
or firm does not have and is not committed to acquire any direct	122464
or indirect financial interest in the ownership, financing, or	122465
operation of nursing facilities in this state.	122466

(ii) The auditor does not audit any provider that has been a	122467
client of the auditor or the auditor's firm.	122468

(iii) The auditor is otherwise independent as determined by	122469
the standards of independence included in the government auditing	122470
standards produced by the United States government accountability	122471
office.	122472

(b) Require each auditor conducting a field audit to do all	122473
of the following:	122474

(i) Comply with applicable rules prescribed pursuant to Title	122475
XVIII and Title XIX;	122476

(ii) Consider generally accepted auditing standards	122477
prescribed by the American institute of certified public	122478
accountants;	122479

(iii) Include a written summary as to whether the costs	122480
included in the cost report examined during the audit are	122481
allowable and are presented in accordance with state and federal	122482
laws and regulations, and whether, in all material respects,	122483
allowable costs are documented, reasonable, and related to patient	122484
care;	122485

(iv) Complete the audit within the time period specified by	122486
the department;	122487

(v) Provide to the provider complete written interpretations	122488
that explain in detail the application of all relevant contract	122489
provisions, regulations, auditing standards, rate formulae, and	122490
departmental policies, with explanations and examples, that are	122491
sufficient to permit the provider to calculate with reasonable	122492
certainty those costs that are allowable and the rate to which the	122493
provider's nursing facility is entitled.	122494

(2) For the purpose of division (E)(1)(a)(i) of this section,	122495
employment of a member of an auditor's family by a nursing	122496
facility that the auditor does not audit does not constitute a	122497
direct or indirect financial interest in the ownership, financing,	122498
or operation of the nursing facility.	122499

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	122500
section, the department of ~~job and family services~~medicaid shall	122501
fine the provider of a nursing facility if the report of an audit	122502
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	122503
Revised Code regarding a cost report for the nursing facility	122504
includes either of the following:	122505

(1) Adverse findings that exceed three per cent of the total	122506
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	122507
in the cost report;	122508

(2) Adverse findings that exceed twenty per cent of	122509
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122510
cost center reported in the cost report.	122511

(B) A fine issued under this section shall equal the greatest	122512
of the following:	122513

(1) If the adverse findings exceed three per cent but do not	122514
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	122515
medicaid-allowable costs reported in the cost report, the greater	122516
of three per cent of those reported costs or ten thousand dollars;	122517

(2) If the adverse findings exceed ten per cent but do not	122518
exceed twenty per cent of the total amount of	122519
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122520
cost report, the greater of six per cent of those reported costs	122521
or twenty-five thousand dollars;	122522

(3) If the adverse findings exceed twenty per cent of the	122523
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	122524
reported in the cost report, the greater of ten per cent of those	122525
reported costs or fifty thousand dollars;	122526

(4) If the adverse findings exceed twenty per cent but do not	122527
exceed twenty-five per cent of ~~medicaid-reimbursable~~	122528
medicaid-allowable costs for a particular cost center reported in	122529
the cost report, the greater of three per cent of the total amount	122530
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122531
cost report or ten thousand dollars;	122532

(5) If the adverse findings exceed twenty-five per cent but	122533
do not exceed thirty per cent of ~~medicaid-reimbursable~~	122534
medicaid-allowable costs for a particular cost center reported in	122535
the cost report, the greater of six per cent of the total amount	122536
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122537
cost report or twenty-five thousand dollars;	122538

(6) If the adverse findings exceed thirty per cent of	122539
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122540
cost center reported in the cost report, the greater of ten per	122541
cent of the total amount of ~~medicaid-reimbursable~~	122542
medicaid-allowable costs reported in the cost report or fifty	122543
thousand dollars.	122544

(C) Fines paid under this section shall be deposited into the	122545
health care services administration fund created under section	122546
~~5111.94~~5162.54 of the Revised Code.	122547

(D) The department may not collect a fine under this section	122548
until all appeal rights relating to the audit report that is the	122549
basis for the fine are exhausted.	122550

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	122551
~~resource utilization resident" means a medicaid recipient residing~~	122552
~~in a nursing facility who, for purposes of calculating the nursing~~	122553
~~facility's medicaid reimbursement rate for direct care costs, is~~	122554
~~placed in either of the two lowest resource utilization groups,~~	122555
~~excluding any resource utilization group that is a default group~~	122556
~~used for residents with incomplete assessment data.~~	122557

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	122558
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	122559
~~division (C) of this section~~, the total per medicaid day payment	122560
rate that the department of ~~job and family services~~medicaid shall	122561
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	122562
facility ~~pursuant to a provider agreement~~provider for nursing	122563
facility services the provider's nursing facility provides during	122564
a fiscal year shall equal the sum of all of the following:	122565

(1) ~~The rate for direct care costs determined for the nursing~~	122566
~~facility under section 5111.231 of the Revised Code;~~	122567

~~(2)~~ The per medicaid day payment rate for ancillary and	122568
support costs determined for the nursing ~~facility's ancillary and~~	122569
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	122570
the Revised Code;	122571

~~(3)~~(2) The per medicaid day payment rate for capital costs	122572
determined for the nursing facility under section 5165.17 of the	122573
Revised Code;	122574

(3) The per medicaid day payment rate for direct care costs	122575
determined for the nursing facility under section 5165.19 of the	122576
Revised Code;	122577

(4) The per medicaid day payment rate for tax costs	122578
determined for the nursing facility under section ~~5111.242~~5165.21	122579
of the Revised Code;	122580

~~(4) The quality incentive payment paid to the nursing~~	122581
~~facility under section 5111.244 of the Revised Code;~~	122582

(5) If the nursing facility qualifies as a critical access	122583
nursing facility, the nursing facility's critical access incentive	122584
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	122585
5165.23 of the Revised Code;	122586

(6) The ~~rate for capital costs determined for the nursing~~	122587
~~facility's capital costs peer group under section 5111.25~~quality	122588
incentive payment paid to the nursing facility under section	122589
5165.25 of the Revised Code.	122590

~~(C) The total rate determined under division (B) of this~~	122591
~~section shall not be paid for nursing facility services provided~~	122592
~~to low resource utilization residents. Instead, the total rate for~~	122593
~~nursing facility services that a nursing facility provides to low~~	122594
~~resource utilization residents shall be one hundred thirty dollars~~	122595
~~per medicaid day.~~	122596

~~(D)~~(B) In addition to paying a nursing facility provider the	122597
nursing facility's total rate determined under division ~~(B) or~~	122598
~~(C)~~(A) of this section for a fiscal year, the department shall pay	122599
the provider a quality bonus under section ~~5111.245~~5165.26 of the	122600
Revised Code for that fiscal year if the provider's nursing	122601
facility is a qualifying nursing facility, as defined in that	122602
section, for that fiscal year. The quality bonus shall not be part	122603
of the total rate.	122604

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	122605
~~services shall establish initial rates for a nursing facility with~~	122606
~~a first date of licensure that is on or after July 1, 2006,~~	122607
~~including a facility that replaces one or more existing~~	122608
~~facilities, or for a nursing facility with a first date of~~	122609
~~licensure before that date that was initially certified for the~~	122610
~~medicaid program on or after that date,~~total per medicaid day	122611
payment rate determined under section 5165.15 of the Revised Code	122612
shall not be the initial rate for nursing facility services	122613
provided by a new nursing facility. Instead, the initial total per	122614
medicaid day payment rate for nursing facility services provided	122615
by a new nursing facility shall be determined in the following	122616
manner:	122617

(1) The initial rate for ancillary and support costs shall be	122618
the rate for the new nursing facility's peer group determined	122619
under division (D) of section 5165.16 of the Revised Code.	122620

(2) The initial rate for capital costs shall be the rate for	122621
the new nursing facility's peer group determined under division	122622
(D) of section 5165.17 of the Revised Code;	122623

(3) The initial rate for direct care costs shall be the	122624
product of the cost per case-mix unit determined under division	122625
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	122626
nursing facility's peer group and the new nursing facility's	122627
case-mix score determined under division (B) of this section. ~~For~~	122628
~~the purpose of division (A)(1) of this section, the nursing~~	122629
~~facility's case-mix score shall be the following:~~	122630

~~(a) Unless the nursing facility replaces an existing nursing~~	122631
~~facility that participated in the medicaid program immediately~~	122632
~~before the replacement nursing facility begins participating in~~	122633
~~the medicaid program, the median annual average case-mix score for~~	122634
~~the nursing facility's peer group;~~	122635

~~(b) If the nursing facility replaces an existing nursing~~	122636
~~facility that participated in the medicaid program immediately~~	122637
~~before the replacement nursing facility begins participating in~~	122638
~~the medicaid program, the semiannual case-mix score most recently~~	122639
~~determined under section 5111.232 of the Revised Code for the~~	122640
~~replaced nursing facility as adjusted, if necessary, to reflect~~	122641
~~any difference in the number of beds in the replaced and~~	122642
~~replacement nursing facilities.~~	122643

~~(2) The rate for ancillary and support costs shall be the~~	122644
~~rate for the facility's peer group determined under division (D)~~	122645
~~of section 5111.24 of the Revised Code.~~	122646

~~(3) The rate for capital costs shall be the rate for the~~	122647
~~facility's peer group determined under division (D) of section~~	122648
~~5111.25 of the Revised Code.~~	122649

(4) The initial rate for tax costs shall be the median rate	122650
for tax costs for the new nursing facility's peer group in which	122651
the nursing facility is placed under division (C) of section	122652
~~5111.24~~5165.16 of the Revised Code.	122653

(5) The quality incentive payment shall be the mean payment	122654
made to nursing facilities under section ~~5111.244~~5165.25 of the	122655
Revised Code.	122656

(B) For the purpose of division (A)(3) of this section, a new	122657
nursing facility's case-mix score shall be the following:	122658

(1) Unless the new nursing facility replaces an existing	122659
nursing facility that participated in the medicaid program	122660
immediately before the new nursing facility begins participating	122661
in the medicaid program, the median annual average case-mix score	122662
for the new nursing facility's peer group;	122663

(2) If the nursing facility replaces an existing nursing	122664
facility that participated in the medicaid program immediately	122665
before the new nursing facility begins participating in the	122666
medicaid program, the semiannual case-mix score most recently	122667
determined under section 5165.192 of the Revised Code for the	122668
replaced nursing facility as adjusted, if necessary, to reflect	122669
any difference in the number of beds in the replaced and new	122670
nursing facilities.	122671

(C) Subject to division ~~(C)~~(D) of this section, the	122672
department shall adjust the rates established under division (A)	122673
of this section effective the first day of July, to reflect new	122674
rate calculations for all nursing facilities under ~~sections~~	122675
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	122676

~~(C)~~(D) If a rate for direct care costs is determined under	122677
this section for a new nursing facility using the median annual	122678
average case-mix score for the new nursing facility's peer group,	122679
the rate shall be redetermined to reflect the ~~replacement~~new	122680
nursing facility's actual semiannual average case-mix score	122681
determined under section ~~5111.232~~5165.192 of the Revised Code	122682
after the new nursing facility submits its first two quarterly	122683
assessment data that qualify for use in calculating a case-mix	122684
score in accordance with rules authorized by ~~division (E) of~~	122685
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	122686
facility's quarterly submissions do not qualify for use in	122687
calculating a case-mix score, the department shall continue to use	122688
the median annual average case-mix score for the new nursing	122689
facility's peer group in lieu of the new nursing facility's	122690
semiannual case-mix score until the new nursing facility submits	122691
two consecutive quarterly assessment data that qualify for use in	122692
calculating a case-mix score.	122693

Sec. 5165.152. The total per medicaid day payment rate	122694
determined under section 5165.15 of the Revised Code shall not be	122695
paid for nursing facility services provided to low resource	122696
utilization residents. Instead, the total rate for such nursing	122697
facility services shall be one hundred thirty dollars per medicaid	122698
day.	122699

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	122700
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	122701
~~Revised Code), the director of job and family services shall adopt~~	122702
~~rules under section 5111.02 of the Revised Code that establish a~~	122703
~~methodology for calculating the prospective rates that will be~~	122704
~~paid each fiscal year to a provider for each of the provider's~~	122705
~~eligible nursing facilities and intermediate care facilities for~~	122706
~~the mentally retarded, and discrete units of the provider's~~	122707
~~nursing facilities or intermediate care facilities for the~~	122708
~~mentally retarded, that serve residents who have diagnoses~~The	122709
total per medicaid day payment rate determined under section	122710
5165.15 of the Revised Code shall not be paid for nursing facility	122711
services provided by a nursing facility, or discrete unit of a	122712
nursing facility, designated by the department of medicaid as an	122713
outlier nursing facility or unit. Instead, the provider of a	122714
designated outlier nursing facility or unit shall be paid each	122715
fiscal year a total per medicaid day payment rate that the	122716
department shall prospectively determine in accordance with a	122717
methodology established in rules authorized by this section.	122718

(B) The department may designate a nursing facility, or	122719
discrete unit of a nursing facility, as an outlier nursing	122720
facility or unit if the nursing facility or unit serves residents	122721
who have either of the following:	122722

(1) Diagnoses or special care needs that require direct care	122723
resources that are not measured adequately by the ~~applicable~~	122724
resident assessment instrument specified in rules authorized by	122725
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	122726
~~diagnoses~~;	122727

(2) Diagnoses or special care needs specified in ~~the~~ rules	122728
authorized by this section as otherwise qualifying for	122729
consideration under this section. ~~The facilities and units of~~	122730
~~facilities whose rates are established under this division may~~	122731
~~include, but shall not be limited to, any of the following:~~	122732

~~(1) In the case of nursing facilities, facilities and units~~	122733
~~of facilities that serve medically fragile pediatric residents,~~	122734
~~residents who are dependent on ventilators, or residents who have~~	122735
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	122736
~~end-stage acquired immunodeficiency syndrome;~~	122737

~~(2) In the case of intermediate care facilities for the~~	122738
~~mentally retarded, facilities and units of facilities that serve~~	122739
~~residents who have complex medical conditions or severe behavioral~~	122740
~~problems.~~	122741

~~The department shall use the methodology established under~~	122742
~~this division to pay for services rendered by such facilities and~~	122743
~~units after June 30, 1993.~~	122744

(C) Notwithstanding any other provision of this chapter	122745
(except section 5165.156 of the Revised Code), the costs incurred	122746
by a designated outlier nursing facility or unit shall not be	122747
considered in establishing medicaid payment rates for other	122748
nursing facilities or units.	122749

(D) The medicaid director shall adopt rules under section	122750
5165.02 of the Revised Code as necessary to implement this	122751
section.	122752

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	122753
both of the following:	122754

(i) Specify the criteria and procedures the department will	122755
apply when designating ~~facilities and units that qualify for~~	122756
~~calculation of rates under this division~~a nursing facility, or	122757
discrete unit of a nursing facility, as an outlier nursing	122758
facility or unit;	122759

(ii) Establish a methodology for prospectively determining	122760
the total per medicaid day payment rate that will be paid each	122761
fiscal year for nursing facility services provided by a designated	122762
outlier nursing facility or unit. ~~The criteria shall include~~	122763

(b) The rules authorized by division (D)(1)(a)(i) of this	122764
section regarding the criteria for designating outlier nursing	122765
facilities and units shall do both of the following:	122766

(i) Provide for consideration of whether all of the allowable	122767
costs of ~~the~~a nursing facility, or discrete unit of a nursing	122768
facility, would be paid by ~~rates established~~a rate determined	122769
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	122770
Code~~, and shall establish a~~;	122771

(ii) Specify the minimum ~~bed size for a~~number of nursing	122772
facility beds that a nursing facility, or discrete unit ~~to qualify~~	122773
toof a nursing facility, must have ~~its rates established under~~	122774
~~this division~~to be designated an outlier nursing facility or	122775
unit, which may vary based on the diagnoses or special care needs	122776
of the residents served by the nursing facility or unit. ~~The~~	122777
~~criteria shall not be designed to require that residents be served~~	122778
~~only in~~	122779

(c) The rules authorized by division (D)(1)(a)(i) of this	122780
section regarding the criteria for designating outlier nursing	122781
facilities and units shall not limit the designation to nursing	122782
facilities, or discrete units of nursing facilities, located in	122783
large cities. ~~The~~	122784

(d) The rules authorized by division (D)(1)(a)(ii) of this	122785
section regarding the methodology for prospectively determining	122786
the rates of designated outlier nursing facilities and units shall	122787
provide for the methodology ~~established by the rules shall~~to	122788
consider the historical costs of providing ~~care~~nursing facility	122789
services to the residents of ~~the~~designated outlier nursing	122790
facilities orand units.	122791

(2)(a) The rules may ~~require~~do both of the following:

122792

(i) Include for designation as an outlier nursing facility or	122793
unit, a nursing facility, or discrete unit of a nursing facility,	122794
that serves medically fragile pediatric residents; residents who	122795
are dependent on ventilators; residents who have severe traumatic	122796
brain injury, end-stage Alzheimer's disease, or end-stage acquired	122797
immunodeficiency syndrome; or residents with other diagnoses or	122798
special care needs specified in the rules;	122799

(ii) Require that a designated outlier nursing facility	122800
~~designated under this division or containing a unit designated~~	122801
~~under this division~~ receive authorization from the department to	122802
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	122803
~~facility or unit and~~.	122804

(b) If the director adopts rules authorized by division	122805
(D)(2)(a)(ii) of this section regarding the authorization of a	122806
designated outlier nursing facility or unit to admit or retain a	122807
resident, the rules shall specify the criteria and procedures the	122808
department will apply when granting that authorization.	122809

~~Notwithstanding any other provision of sections 5111.20 to~~	122810
~~5111.331 of the Revised Code (except section 5111.259 of the~~	122811
~~Revised Code), the costs incurred by facilities or units whose~~	122812
~~rates are established under this division shall not be considered~~	122813
~~in establishing payment rates for other facilities or units.~~	122814

~~(B) The director may adopt rules under section 5111.02 of the~~	122815
~~Revised Code under which the department, notwithstanding any other~~	122816
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	122817
~~(except section 5111.259 of the Revised Code), may adjust the~~	122818
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	122819
~~Code for a facility that serves a resident who has a diagnosis or~~	122820
~~special care need that, in the rules authorized by division (A) of~~	122821
~~this section, would qualify a facility or unit of a facility to~~	122822
~~have its rate determined under that division, but who is not in~~	122823
~~such a unit. The rules may require that a facility that qualifies~~	122824
~~for a rate adjustment under this division receive authorization~~	122825
~~from the department to admit or retain a resident who qualifies~~	122826
~~the facility for the rate adjustment and shall specify the~~	122827
~~criteria and procedures the department will apply when granting~~	122828
~~that authorization.~~	122829

Sec. 5165.154. (A) To the extent, if any, provided for in	122830
rules authorized by this section, the total per medicaid day	122831
payment rate determined under section 5165.15 of the Revised Code	122832
shall not be paid for nursing facility services that a nursing	122833
facility not designated as an outlier nursing facility or unit	122834
provides to a resident who meets the criteria for admission to a	122835
designated outlier nursing facility or unit, as specified in rules	122836
authorized by section 5165.153 of the Revised Code. Instead, the	122837
provider of a nursing facility providing nursing facility services	122838
to such a resident shall be paid each fiscal year a total per	122839
medicaid day payment rate that the department of medicaid shall	122840
prospectively determine in accordance with a methodology	122841
established in rules authorized by this section.	122842

(B) The medicaid director may adopt rules under section	122843
5165.02 of the Revised Code to implement this section. The rules	122844
may require that a nursing facility receive authorization from the	122845
department before admitting or retaining a resident who meets the	122846
criteria for admission to a designated outlier nursing facility or	122847
unit. If the director adopts such rules, the rules shall specify	122848
the criteria and procedures the department will apply when	122849
granting the authorization.	122850

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

122851

~~"Dual eligible individual" has the same meaning as in section~~	122852
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	122853
~~42 U.S.C. 1396n(h)(2)(B).~~	122854

~~"Medicaid~~, "medicaid maximum allowable amount" means one	122855
hundred per cent of a nursing facility's total per ~~diem~~medicaid	122856
day payment rate ~~for a medicaid day~~.	122857

(B) ~~The~~Instead of paying the total per medicaid day payment	122858
rate determined under section 5165.15 of the Revised Code, the	122859
department of ~~job and family services~~medicaid shall pay the	122860
provider of a nursing facility the lesser of the following for	122861
nursing facility services the nursing facility provides on or	122862
after January 1, 2012, to a dual eligible individual who is	122863
eligible for nursing facility services under the medicaid program	122864
and post-hospital extended care services under Part A of Title	122865
XVIII:	122866

(1) The coinsurance amount for the services as provided under	122867
Part A of Title XVIII;	122868

(2) The medicaid maximum allowable amount for the services,	122869
less the amount paid under Part A of Title XVIII for the services.	122870

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	122871
~~family services~~ may ~~submit a request to the United States~~	122872
~~secretary of health and human services for approval to~~ establish a	122873
centers of excellence component of the medicaid program. The	122874
purpose of the centers of excellence component is to increase the	122875
efficiency and quality of nursing facility services provided to	122876
medicaid recipients with complex nursing facility service needs.	122877
~~If federal approval for the centers of excellence component is~~	122878
~~granted, the~~The director may adopt rules under section ~~5111.02~~	122879
5165.02 of the Revised Code governing the component, including	122880
rules that establish a method of determining the medicaid	122881
~~reimbursement~~payment rates for nursing facilities providing	122882
nursing facility services to medicaid recipients participating in	122883
the component. The rules may specify the extent to which, if any,	122884
of the provisions of ~~section 5111.258~~sections 5165.153 and	122885
5165.154 of the Revised Code are to apply to the centers of	122886
excellence component. If such rules are adopted, the nursing	122887
facilities that provide nursing facility services to medicaid	122888
recipients participating in the centers of excellence component	122889
shall be paid for those services in accordance with the method	122890
established in the rules ~~notwithstanding anything to the contrary~~	122891
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	122892
day payment rate determined under section 5165.15 of the Revised	122893
Code.	122894

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

122895

(1) "Applicable calendar year" means the following:

122896

(a) For the purpose of the department of ~~job and family~~	122897
~~services'~~medicaid's initial determination under division (D) of	122898
this section of each peer group's rate for ancillary and support	122899
costs, calendar year 2003;	122900

(b) For the purpose of the department's rebasings, the	122901
calendar year the department selects.	122902

(2) "Rebasing" means a redetermination under division (D) of	122903
this section of each peer ~~groups'~~group's rate for ancillary and	122904
support costs using information from cost reports for an	122905
applicable calendar year that is later than the applicable	122906
calendar year used for the previous determination of such rates.	122907

(B) The department of ~~job and family services~~medicaid shall	122908
~~pay a provider for~~determine each ~~of the provider's eligible~~	122909
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	122910
payment rate for ancillary and support costs ~~determined for the~~.	122911
A nursing facility's ~~peer group~~rate shall be the rate determined	122912
under division (D) of this section for the nursing facility's peer	122913
group. However, for the period beginning October 1, 2013, and	122914
ending on the first day of the first rebasing, the rate for a	122915
nursing facility located in Mahoning or Stark county shall be the	122916
rate determined for the following:	122917

(1) If the nursing facility has fewer than one hundred beds,	122918
the nursing facilities in peer group three;	122919

(2) If the nursing facility has one hundred or more beds, the	122920
nursing facilities in peer group four.	122921

(C) For the purpose of determining nursing facilities' ~~rate~~	122922
rates for ancillary and support costs, the department shall	122923
establish six peer groups.	122924

~~Each~~(1) Until the first rebasing occurs, the peer groups	122925
shall be composed as follows:	122926

(a) Each nursing facility located in any of the following	122927
counties shall be placed in peer group one or two: Brown, Butler,	122928
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	122929
located in any of those counties that has fewer than one hundred	122930
beds shall be placed in peer group one. Each nursing facility	122931
located in any of those counties that has one hundred or more beds	122932
shall be placed in peer group two.	122933

(b) Each nursing facility located in any of the following	122934
counties shall be placed in peer group three or four: Ashtabula,	122935
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	122936
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	122937
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	122938
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	122939
Union, and Wood. Each nursing facility located in any of those	122940
counties that has fewer than one hundred beds shall be placed in	122941
peer group three. Each nursing facility located in any of those	122942
counties that has one hundred or more beds shall be placed in peer	122943
group four.	122944

(c) Each nursing facility located in any of the following	122945
counties shall be placed in peer group five or six: Adams, Allen,	122946
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	122947
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	122948
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	122949
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	122950
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	122951
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	122952
Washington, Wayne, Williams, and Wyandot. Each nursing facility	122953
located in any of those counties that has fewer than one hundred	122954
beds shall be placed in peer group five. Each nursing facility	122955
located in any of those counties that has one hundred or more beds	122956
shall be placed in peer group six.	122957

(2) Beginning with the first rebasing, the peer groups shall	122958
be composed as they are under division (C)(1) of this section	122959
except as follows:	122960

(a) Each nursing facility that has fewer than one hundred	122961
beds and is located in Mahoning or Stark county shall be placed in	122962
peer group three rather than peer group five.	122963

(b) Each nursing facility that has one hundred or more beds	122964
and is located in Mahoning or Stark county shall be placed in peer	122965
group four rather than peer group six.	122966

(D)(1) The department shall determine the rate for ancillary	122967
and support costs for each peer group established under division	122968
(C) of this section. The department is not required to conduct a	122969
rebasing more than once every ten years. Except as necessary to	122970
implement the amendments made to this section by Am. Sub. H.B. 153	122971
and Sub. H.B. 303, both of the 129th general assembly, the rate	122972
for ancillary and support costs determined under this division for	122973
a peer group shall be used for subsequent years until the	122974
department conducts a rebasing. To determine a peer group's rate	122975
for ancillary and support costs, the department shall do all of	122976
the following:	122977

(a) Subject to division (D)(2) of this section, determine the	122978
rate for ancillary and support costs for each nursing facility in	122979
the peer group for the applicable calendar year by using the	122980
greater of the nursing facility's actual inpatient days for the	122981
applicable calendar year or the inpatient days the nursing	122982
facility would have had for the applicable calendar year if its	122983
occupancy rate had been ninety per cent;	122984

(b) Subject to division (D)(3) of this section, identify	122985
which nursing facility in the peer group is at the twenty-fifth	122986
percentile of the rate for ancillary and support costs for the	122987
applicable calendar year determined under division (D)(1)(a) of	122988
this section;	122989

(c) Multiply the rate for ancillary and support costs	122990
determined under division (D)(1)(a) of this section for the	122991
nursing facility identified under division (D)(1)(b) of this	122992
section by the rate of inflation for the eighteen-month period	122993
beginning on the first day of July of the applicable calendar year	122994
and ending the last day of December of the calendar year	122995
immediately following the applicable calendar year using the	122996
following:	122997

(i) Until the first rebasing occurs, the consumer price index	122998
for all items for all urban consumers for the north central	122999
region, published by the United States bureau of labor statistics,	123000
as that index existed on July 1, 2005;	123001

(ii) Effective with the first rebasing and except as provided	123002
in division (D)(1)(c)(iii) of this section, the consumer price	123003
index for all items for all urban consumers for the midwest	123004
region, published by the United States bureau of labor statistics;	123005

(iii) If the United States bureau of labor statistics ceases	123006
to publish the index specified in division (D)(1)(c)(ii) of this	123007
section, the index the bureau subsequently publishes that covers	123008
urban consumers' prices for items for the region that includes	123009
this state.	123010

(d) Until the first rebasing occurs, increase the amount	123011
calculated under division (D)(1)(c) of this section by five and	123012
eight hundredths per cent.	123013

(2) For the purpose of determining a nursing facility's	123014
occupancy rate under division (D)(1)(a) of this section, the	123015
department shall include any beds that the nursing facility	123016
removes from its medicaid-certified capacity unless the nursing	123017
facility also removes the beds from its licensed bed capacity.	123018

(3) In making the identification under division (D)(1)(b) of	123019
this section, the department shall exclude both of the following:	123020

(a) Nursing facilities that participated in the medicaid	123021
program under the same provider for less than twelve months in the	123022
applicable calendar year;	123023

(b) Nursing facilities whose ancillary and support costs are	123024
more than one standard deviation from the mean desk-reviewed,	123025
actual, allowable, per diem ancillary and support cost for all	123026
nursing facilities in the nursing facility's peer group for the	123027
applicable calendar year.	123028

(4) The department shall not redetermine a peer group's rate	123029
for ancillary and support costs under this division based on	123030
additional information that it receives after the rate is	123031
determined. The department shall redetermine a peer group's rate	123032
for ancillary and support costs only if the department made an	123033
error in determining the rate based on information available to	123034
the department at the time of the original determination.	123035

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

123036

(1) "Applicable calendar year" means the following:

123037

(a) For the purpose of the department of ~~job and family~~	123038
~~services'~~medicaid's initial determination under division (D) of	123039
this section of each peer group's rate for capital costs, calendar	123040
year 2003;	123041

(b) For the purpose of the department's rebasings, the	123042
calendar year the department selects.	123043

(2) "Rebasing" means a redetermination under division (D) of	123044
this section of each peer ~~groups'~~group's rate for capital costs	123045
using information from cost reports for an applicable calendar	123046
year that is later than the applicable calendar year used for the	123047
previous determination of such rates.	123048

(B) The department of ~~job and family services~~medicaid shall	123049
~~pay a provider for~~determine each ~~of the provider's eligible~~	123050
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	123051
payment rate for capital costs ~~determined for the~~. A nursing	123052
facility's ~~peer group~~rate shall be the rate determined under	123053
division (D) of this section. However, for the period beginning	123054
October 1, 2013, and ending on the first day of the first	123055
rebasing, the rate for a nursing facility located in Mahoning or	123056
Stark county shall be the rate determined for the following:	123057

(1) If the nursing facility has fewer than one hundred beds,	123058
the nursing facilities in peer group three;	123059

(2) If the nursing facility has one hundred or more beds, the	123060
nursing facilities in peer group four.	123061

(C) For the purpose of determining nursing facilities' ~~rate~~	123062
rates for capital costs, the department shall establish six peer	123063
groups.	123064

~~Each~~(1) Until the first rebasing occurs, the peer groups	123065
shall be composed as follows:	123066

(a) Each nursing facility located in any of the following	123067
counties shall be placed in peer group one or two: Brown, Butler,	123068
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	123069
located in any of those counties that has fewer than one hundred	123070
beds shall be placed in peer group one. Each nursing facility	123071
located in any of those counties that has one hundred or more beds	123072
shall be placed in peer group two.	123073

(b) Each nursing facility located in any of the following	123074
counties shall be placed in peer group three or four: Ashtabula,	123075
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	123076
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	123077
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	123078
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	123079
Union, and Wood. Each nursing facility located in any of those	123080
counties that has fewer than one hundred beds shall be placed in	123081
peer group three. Each nursing facility located in any of those	123082
counties that has one hundred or more beds shall be placed in peer	123083
group four.	123084

(c) Each nursing facility located in any of the following	123085
counties shall be placed in peer group five or six: Adams, Allen,	123086
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	123087
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	123088
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	123089
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	123090
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	123091
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	123092
Washington, Wayne, Williams, and Wyandot. Each nursing facility	123093
located in any of those counties that has fewer than one hundred	123094
beds shall be placed in peer group five. Each nursing facility	123095
located in any of those counties that has one hundred or more beds	123096
shall be placed in peer group six.	123097

(2) Beginning with the first rebasing, the peer groups shall	123098
be composed as they are under division (C)(1) of this section	123099
except as follows:	123100

(a) Each nursing facility that has fewer than one hundred	123101
beds and is located in Mahoning or Stark county shall be placed in	123102
peer group three rather than peer group five.	123103

(b) Each nursing facility that has one hundred or more beds	123104
and is located in Mahoning or Stark county shall be placed in peer	123105
group four rather than peer group six.	123106

(D)(1) The department shall determine the rate for capital	123107
costs for each peer group established under division (C) of this	123108
section. The department is not required to conduct a rebasing more	123109
than once every ten years. Except as necessary to implement the	123110
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	123111
303, both of the 129th general assembly, the rate for capital	123112
costs determined under this division for a peer group shall be	123113
used for subsequent years until the department conducts a	123114
rebasing. To determine a peer group's rate for capital costs, the	123115
department shall do both of the following:	123116

(a) Determine the rate for capital costs for the nursing	123117
facility in the peer group that is at the twenty-fifth percentile	123118
of the rate for capital costs for the applicable calendar year;	123119

(b) Until the first rebasing occurs, increase the amount	123120
calculated under division (D)(1)(a) of this section by five and	123121
eight hundredths per cent.	123122

(2) To identify the nursing facility in a peer group that is	123123
at the twenty-fifth percentile of the rate for capital costs for	123124
the applicable calendar year, the department shall do both of the	123125
following:	123126

(a) Subject to division (D)(3) of this section, use the	123127
greater of each nursing facility's actual inpatient days for the	123128
applicable calendar year or the inpatient days the nursing	123129
facility would have had for the applicable calendar year if its	123130
occupancy rate had been one hundred per cent;	123131

(b) Exclude both of the following:

123132

(i) Nursing facilities that participated in the medicaid	123133
program under the same provider for less than twelve months in the	123134
applicable calendar year;	123135

(ii) Nursing facilities whose capital costs are more than one	123136
standard deviation from the mean desk-reviewed, actual, allowable,	123137
per diem capital cost for all nursing facilities in the nursing	123138
facility's peer group for the applicable calendar year.	123139

(3) For the purpose of determining a nursing facility's	123140
occupancy rate under division (D)(2)(a) of this section, the	123141
department shall include any beds that the nursing facility	123142
removes from its medicaid-certified capacity after June 30, 2005,	123143
unless the nursing facility also removes the beds from its	123144
licensed bed capacity.	123145

(4) The department shall not redetermine a peer group's rate	123146
for capital costs under this division based on additional	123147
information that it receives after the rate is determined. The	123148
department shall redetermine a peer group's rate for capital costs	123149
only if the department made an error in determining the rate based	123150
on information available to the department at the time of the	123151
original determination.	123152

(E) Buildings shall be depreciated using the straight line	123153
method over forty years or over a different period approved by the	123154
department. Components and equipment shall be depreciated using	123155
the straight-line method over a period designated in rules adopted	123156
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	123157
the guidelines of the American hospital association, or over a	123158
different period approved by the department. Any rules authorized	123159
by this division that specify useful lives of buildings,	123160
components, or equipment apply only to assets acquired on or after	123161
July 1, 1993. Depreciation for costs paid or reimbursed by any	123162
government agency shall not be included in capital costs unless	123163
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	123164
~~Revised Code~~this chapter is used to reimburse the government	123165
agency.	123166

(F) The capital cost basis of nursing facility assets shall	123167
be determined in the following manner:	123168

(1) Except as provided in division (F)(3) of this section,	123169
for purposes of calculating the rates to be paid for facilities	123170
with dates of licensure on or before June 30, 1993, the capital	123171
cost basis of each asset shall be equal to the desk-reviewed,	123172
actual, allowable, capital cost basis that is listed on the	123173
facility's cost report for the calendar year preceding the fiscal	123174
year during which the rate will be paid.	123175

(2) For facilities with dates of licensure after June 30,	123176
1993, the capital cost basis shall be determined in accordance	123177
with the principles of the medicare program ~~established under~~	123178
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	123179
~~5111.331 of the Revised Code~~this chapter.	123180

(3) Except as provided in division (F)(4) of this section, if	123181
a provider transfers an interest in a facility to another provider	123182
after June 30, 1993, there shall be no increase in the capital	123183
cost basis of the asset if the providers are related parties or	123184
the provider to which the interest is transferred authorizes the	123185
provider that transferred the interest to continue to operate the	123186
facility under a lease, management agreement, or other	123187
arrangement. If the previous sentence does not prohibit the	123188
adjustment of the capital cost basis under this division, the	123189
basis of the asset shall be adjusted by one-half of the change in	123190
the consumer price index for all items for all urban consumers, as	123191
published by the United States bureau of labor statistics, during	123192
the time that the transferor held the asset.	123193

(4) If a provider transfers an interest in a facility to	123194
another provider who is a related party, the capital cost basis of	123195
the asset shall be adjusted as specified in division (F)(3) of	123196
this section if all of the following conditions are met:	123197

(a) The related party is a relative of owner;

123198

(b) Except as provided in division (F)(4)(c)(ii) of this	123199
section, the provider making the transfer retains no ownership	123200
interest in the facility;	123201

(c) The department ~~of job and family services~~ determines that	123202
the transfer is an arm's length transaction pursuant to rules	123203
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	123204
rules shall provide that a transfer is an arm's length transaction	123205
if all of the following apply:	123206

(i) Once the transfer goes into effect, the provider that	123207
made the transfer has no direct or indirect interest in the	123208
provider that acquires the facility or the facility itself,	123209
including interest as an owner, officer, director, employee,	123210
independent contractor, or consultant, but excluding interest as a	123211
creditor.	123212

(ii) The provider that made the transfer does not reacquire	123213
an interest in the facility except through the exercise of a	123214
creditor's rights in the event of a default. If the provider	123215
reacquires an interest in the facility in this manner, the	123216
department shall treat the facility as if the transfer never	123217
occurred when the department calculates its reimbursement rates	123218
for capital costs.	123219

(iii) The transfer satisfies any other criteria specified in	123220
the rules.	123221

(d) Except in the case of hardship caused by a catastrophic	123222
event, as determined by the department, or in the case of a	123223
provider making the transfer who is at least sixty-five years of	123224
age, not less than twenty years have elapsed since, for the same	123225
facility, the capital cost basis was adjusted most recently under	123226
division (F)(4) of this section or actual, allowable ~~cost of~~	123227
~~ownership~~capital costs was determined most recently under	123228
division (G)(9) of this section.	123229

(G) As used in this division:

123230

"Imputed interest" means the lesser of the prime rate plus	123231
two per cent or ten per cent.	123232

"Lease expense" means lease payments in the case of an	123233
operating lease and depreciation expense and interest expense in	123234
the case of a capital lease.	123235

"New lease" means a lease, to a different lessee, of a	123236
nursing facility that previously was operated under a lease.	123237

(1) Subject to division (B) of this section, for a lease of a	123238
facility that was effective on May 27, 1992, the entire lease	123239
expense is an actual, allowable capital cost during the term of	123240
the existing lease. The entire lease expense also is an actual,	123241
allowable capital cost if a lease in existence on May 27, 1992, is	123242
renewed under either of the following circumstances:	123243

(a) The renewal is pursuant to a renewal option that was in	123244
existence on May 27, 1992;	123245

(b) The renewal is for the same lease payment amount and	123246
between the same parties as the lease in existence on May 27,	123247
1992.	123248

(2) Subject to division (B) of this section, for a lease of a	123249
facility that was in existence but not operated under a lease on	123250
May 27, 1992, actual, allowable capital costs shall include the	123251
lesser of the annual lease expense or the annual depreciation	123252
expense and imputed interest expense that would be calculated at	123253
the inception of the lease using the lessor's entire historical	123254
capital asset cost basis, adjusted by one-half of the change in	123255
the consumer price index for all items for all urban consumers, as	123256
published by the United States bureau of labor statistics, during	123257
the time the lessor held each asset until the beginning of the	123258
lease.	123259

(3) Subject to division (B) of this section, for a lease of a	123260
facility with a date of licensure on or after May 27, 1992, that	123261
is initially operated under a lease, actual, allowable capital	123262
costs shall include the annual lease expense if there was a	123263
substantial commitment of money for construction of the facility	123264
after December 22, 1992, and before July 1, 1993. If there was not	123265
a substantial commitment of money after December 22, 1992, and	123266
before July 1, 1993, actual, allowable capital costs shall include	123267
the lesser of the annual lease expense or the sum of the	123268
following:	123269

(a) The annual depreciation expense that would be calculated	123270
at the inception of the lease using the lessor's entire historical	123271
capital asset cost basis;	123272

(b) The greater of the lessor's actual annual amortization of	123273
financing costs and interest expense at the inception of the lease	123274
or the imputed interest expense calculated at the inception of the	123275
lease using seventy per cent of the lessor's historical capital	123276
asset cost basis.	123277

(4) Subject to division (B) of this section, for a lease of a	123278
facility with a date of licensure on or after May 27, 1992, that	123279
was not initially operated under a lease and has been in existence	123280
for ten years, actual, allowable capital costs shall include the	123281
lesser of the annual lease expense or the annual depreciation	123282
expense and imputed interest expense that would be calculated at	123283
the inception of the lease using the entire historical capital	123284
asset cost basis of one-half of the change in the consumer price	123285
index for all items for all urban consumers, as published by the	123286
United States bureau of labor statistics, during the time the	123287
lessor held each asset until the beginning of the lease.	123288

(5) Subject to division (B) of this section, for a new lease	123289
of a facility that was operated under a lease on May 27, 1992,	123290
actual, allowable capital costs shall include the lesser of the	123291
annual new lease expense or the annual old lease payment. If the	123292
old lease was in effect for ten years or longer, the old lease	123293
payment from the beginning of the old lease shall be adjusted by	123294
one-half of the change in the consumer price index for all items	123295
for all urban consumers, as published by the United States bureau	123296
of labor statistics, from the beginning of the old lease to the	123297
beginning of the new lease.	123298

(6) Subject to division (B) of this section, for a new lease	123299
of a facility that was not in existence or that was in existence	123300
but not operated under a lease on May 27, 1992, actual, allowable	123301
capital costs shall include the lesser of annual new lease expense	123302
or the annual amount calculated for the old lease under division	123303
(G)(2), (3), (4), or (6) of this section, as applicable. If the	123304
old lease was in effect for ten years or longer, the lessor's	123305
historical capital asset cost basis shall be, for purposes of	123306
calculating the annual amount under division (G)(2), (3), (4), or	123307
(6) of this section, adjusted by one-half of the change in the	123308
consumer price index for all items for all urban consumers, as	123309
published by the United States bureau of labor statistics, from	123310
the beginning of the old lease to the beginning of the new lease.	123311

In the case of a lease under division (G)(3) of this section	123312
of a facility for which a substantial commitment of money was made	123313
after December 22, 1992, and before July 1, 1993, the old lease	123314
payment shall be adjusted for the purpose of determining the	123315
annual amount.	123316

(7) For any revision of a lease described in division (G)(1),	123317
(2), (3), (4), (5), or (6) of this section, or for any subsequent	123318
lease of a facility operated under such a lease, other than	123319
execution of a new lease, the portion of actual, allowable capital	123320
costs attributable to the lease shall be the same as before the	123321
revision or subsequent lease.	123322

(8) Except as provided in division (G)(9) of this section, if	123323
a provider leases an interest in a facility to another provider	123324
who is a related party or previously operated the facility, the	123325
related party's or previous operator's actual, allowable capital	123326
costs shall include the lesser of the annual lease expense or the	123327
reasonable cost to the lessor.	123328

(9) If a provider leases an interest in a facility to another	123329
provider who is a related party, regardless of the date of the	123330
lease, the related party's actual, allowable capital costs shall	123331
include the annual lease expense, subject to the limitations	123332
specified in divisions (G)(1) to (7) of this section, if all of	123333
the following conditions are met:	123334

(a) The related party is a relative of owner;

123335

(b) If the lessor retains an ownership interest, it is,	123336
except as provided in division (G)(9)(c)(ii) of this section, in	123337
only the real property and any improvements on the real property;	123338

(c) The department ~~of job and family services~~ determines that	123339
the lease is an arm's length transaction pursuant to rules adopted	123340
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	123341
provide that a lease is an arm's length transaction if all of the	123342
following apply:	123343

(i) Once the lease goes into effect, the lessor has no direct	123344
or indirect interest in the lessee or, except as provided in	123345
division (G)(9)(b) of this section, the facility itself, including	123346
interest as an owner, officer, director, employee, independent	123347
contractor, or consultant, but excluding interest as a lessor.	123348

(ii) The lessor does not reacquire an interest in the	123349
facility except through the exercise of a lessor's rights in the	123350
event of a default. If the lessor reacquires an interest in the	123351
facility in this manner, the department shall treat the facility	123352
as if the lease never occurred when the department calculates its	123353
reimbursement rates for capital costs.	123354

(iii) The lease satisfies any other criteria specified in the	123355
rules.	123356

(d) Except in the case of hardship caused by a catastrophic	123357
event, as determined by the department, or in the case of a lessor	123358
who is at least sixty-five years of age, not less than twenty	123359
years have elapsed since, for the same facility, the capital cost	123360
basis was adjusted most recently under division (F)(4) of this	123361
section or actual, allowable capital costs were determined most	123362
recently under division (G)(9) of this section.	123363

(10) This division does not apply to leases of specific items	123364
of equipment.	123365

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

123366

(1) "Applicable calendar year" means the following:

123367

(a) For the purpose of the department of ~~job and family~~	123368
~~services'~~medicaid's initial determination under division (D) of	123369
this section of each peer group's cost per case-mix unit, calendar	123370
year 2003;	123371

(b) For the purpose of the department's rebasings, the	123372
calendar year the department selects.	123373

(2) "Rebasing" means a redetermination under division (D) of	123374
this section of each peer ~~groups'~~group's cost per case-mix unit	123375
using information from cost reports for an applicable calendar	123376
year that is later than the applicable calendar year used for the	123377
previous determination of such costs.	123378

(B) ~~The~~Semiannually, the department of ~~job and family~~	123379
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	123380
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	123381
~~per~~medicaid day payment rate for direct care costs ~~determined~~	123382
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	123383
~~under division (D) of this section for the facility's peer group~~	123384
by the facility's semiannual case-mix score determined under	123385
section ~~5111.232~~5165.192 of the Revised Code by the cost per	123386
case-mix unit determined under division (D) of this section for	123387
the facility's peer group. However, for the period beginning	123388
October 1, 2013, and ending on the first day of the first	123389
rebasing, the rate for a nursing facility located in Mahoning or	123390
Stark county shall be determined semiannually by multiplying the	123391
facility's semiannual case-mix score determined under section	123392
5165.192 of the Revised Code by the cost per case-mix unit	123393
determined under division (D) of this section for the nursing	123394
facilities in peer group two.	123395

(C) For the purpose of determining nursing facilities' ~~rate~~	123396
rates for direct care costs, the department shall establish three	123397
peer groups.	123398

~~Each~~(1) Until the first rebasing occurs, the peer groups	123399
shall be composed as follows:	123400

(a) Each nursing facility located in any of the following	123401
counties shall be placed in peer group one: Brown, Butler,	123402
Clermont, Clinton, Hamilton, and Warren.	123403

(b) Each nursing facility located in any of the following	123404
counties shall be placed in peer group two: Ashtabula, Champaign,	123405
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	123406
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	123407
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	123408
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	123409
and Wood.	123410

(c) Each nursing facility located in any of the following	123411
counties shall be placed in peer group three: Adams, Allen,	123412
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	123413
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	123414
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	123415
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	123416
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	123417
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	123418
Washington, Wayne, Williams, and Wyandot.	123419

(2) Beginning with the first rebasing, the peer groups shall	123420
be composed as they are under division (C)(1) of this section	123421
except that each nursing facility located in Mahoning or Stark	123422
county shall be placed in peer group two rather than peer group	123423
three.	123424

(D)(1) The department shall determine a cost per case-mix	123425
unit for each peer group established under division (C) of this	123426
section. The department is not required to conduct a rebasing more	123427
than once every ten years. Except as necessary to implement the	123428
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	123429
303, both of the 129th general assembly, and H.B. 59 of the 130th	123430
general assembly, the cost per case-mix unit determined under this	123431
division for a peer group shall be used for subsequent years until	123432
the department conducts a rebasing. To determine a peer group's	123433
cost per case-mix unit, the department shall do all of the	123434
following:	123435

(a) Determine the cost per case-mix unit for each nursing	123436
facility in the peer group for the applicable calendar year by	123437
dividing each facility's desk-reviewed, actual, allowable, per	123438
diem direct care costs for the applicable calendar year by the	123439
facility's annual average case-mix score determined under section	123440
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	123441
year;	123442

(b) Subject to division (D)(2) of this section, identify	123443
which nursing facility in the peer group is at the twenty-fifth	123444
percentile of the cost per case-mix units determined under	123445
division (D)(1)(a) of this section;	123446

(c) Calculate the amount that is two per cent above the cost	123447
per case-mix unit determined under division (D)(1)(a) of this	123448
section for the nursing facility identified under division	123449
(D)(1)(b) of this section;	123450

(d) Using the index specified in division (D)(3) of this	123451
section, multiply the rate of inflation for the eighteen-month	123452
period beginning on the first day of July of the applicable	123453
calendar year and ending the last day of December of the calendar	123454
year immediately following the applicable calendar year by the	123455
amount calculated under division (D)(1)(c) of this section;	123456

(e) Add the following to the amount calculated under division	123457
(D)(1)(d) of this section:	123458

(i) Until the earlier of January 1, 2014, or when the first	123459
rebasing occurs, ~~add~~ one dollar and eighty-eight cents ~~to the~~	123460
~~amount calculated under division (D)(1)(d) of this section~~;	123461

(ii) Unless the first rebasing occurs before January 1, 2014,	123462
beginning January 1, 2014, and until the first rebasing occurs,	123463
eighty-six cents.	123464

(f) Until the first rebasing occurs, increase the amount	123465
calculated under division (D)(1)(e) of this section by five and	123466
eight hundredths per cent.	123467

(2) In making the identification under division (D)(1)(b) of	123468
this section, the department shall exclude both of the following:	123469

(a) Nursing facilities that participated in the medicaid	123470
program under the same provider for less than twelve months in the	123471
applicable calendar year;	123472

(b) Nursing facilities whose cost per case-mix unit is more	123473
than one standard deviation from the mean cost per case-mix unit	123474
for all nursing facilities in the nursing facility's peer group	123475
for the applicable calendar year.	123476

(3) The following index shall be used for the purpose of the	123477
calculation made under division (D)(1)(d) of this section:	123478

(a) Until the first rebasing occurs, the employment cost	123479
index for total compensation, health services component, published	123480
by the United States bureau of labor statistics, as the index	123481
existed on July 1, 2005;	123482

(b) Effective with the first rebasing and except as provided	123483
in division (D)(3)(c) of this section, the employment cost index	123484
for total compensation, nursing and residential care facilities	123485
occupational group, published by the United States bureau of labor	123486
statistics;	123487

(c) If the United States bureau of labor statistics ceases to	123488
publish the index specified in division (D)(3)(b) of this section,	123489
the index the bureau subsequently publishes that covers nursing	123490
facilities' staff costs.	123491

(4) The department shall not redetermine a peer group's cost	123492
per case-mix unit under this division based on additional	123493
information that it receives after the peer group's per case-mix	123494
unit is determined. The department shall redetermine a peer	123495
group's cost per case-mix unit only if it made an error in	123496
determining the peer group's cost per case-mix unit based on	123497
information available to the department at the time of the	123498
original determination.	123499

Sec. 5165.191. Each calendar quarter, each nursing facility	123500
provider shall compile complete assessment data for each resident	123501
of each of the provider's nursing facilities, regardless of	123502
payment source, who is in the nursing facility, or on hospital or	123503
therapeutic leave from the nursing facility, on the last day of	123504
the quarter. A resident assessment instrument specified in rules	123505
authorized by this section shall be used to compile the resident	123506
assessment data. Each provider shall submit the resident	123507
assessment data to the department of health and, if required by	123508
the rules, the department of medicaid. The resident assessment	123509
data shall be submitted not later than fifteen days after the end	123510
of the calendar quarter for which the data is compiled. If the	123511
resident assessment data is to be submitted to the department of	123512
medicaid, it shall be submitted to the department through the	123513
medium or media specified in the rules.	123514

Rules adopted under section 5165.02 of the Revised Code shall	123515
do all of the following:	123516

(A) In a manner consistent with the "Social Security Act,"	123517
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	123518
assessment instrument to be used by nursing facility providers	123519
under this section;	123520

(B) Specify whether nursing facility providers must submit	123521
the resident assessment data to the department of medicaid;	123522

(C) If the rules specify that nursing facility providers must	123523
submit the resident assessment data to the department, specify the	123524
medium or media through which the data is to be submitted.	123525

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	123526
division (B) of this section and in accordance with the process	123527
specified in rules authorized by this section, the department of	123528
~~job and family services~~medicaid shall do all of the following:	123529

(a) Every quarter, determine the following two case-mix	123530
scores for each nursing facility:	123531

(i) A quarterly case-mix score that includes each resident	123532
who is a medicaid recipient and is not a low resource utilization	123533
resident;	123534

(ii) A quarterly case-mix score that includes each resident	123535
regardless of payment source.	123536

(b) Every six months, determine a semiannual ~~and annual~~	123537
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	123538
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	123539
determined for the nursing facility pursuant to division	123540
(A)(1)(a)(i) of this section;	123541

(c) After the end of each calendar year, determine an annual	123542
average case-mix score for each nursing facility by using the	123543
quarterly case-mix scores determined for the nursing facility	123544
pursuant to division (A)(1)(a)(ii) of this section.	123545

(2) When determining case-mix scores under division (A)(1) of	123546
this section, the department shall use all of the following:	123547

(a) Data from a resident assessment instrument specified in	123548
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	123549
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	123550
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	123551
~~amended, for the following residents:~~	123552

~~(i) When determining semiannual case-mix scores for fiscal~~	123553
~~year 2012, each resident who is a medicaid recipient~~;	123554

~~(ii) When determining semiannual case-mix scores for fiscal~~	123555
~~year 2013 and thereafter, each resident who is a medicaid~~	123556
~~recipient and not placed in either of the two lowest resource~~	123557
~~utilization groups, excluding any resource utilization group that~~	123558
~~is a default group used for residents with incomplete assessment~~	123559
~~data;~~	123560

~~(iii) When determining annual average case-mix scores, each~~	123561
~~resident regardless of payment source.~~	123562

(b) Except as provided in rules authorized by ~~divisions~~	123563
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	123564
by the United States department of health and human services;	123565

(c) Except as modified in rules authorized by ~~division~~	123566
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	123567
30, 1999, by the United States department of health and human	123568
services for prospective payment of skilled nursing facilities	123569
under the medicare program ~~established by Title XVIII~~.	123570

~~(2) The director of job and family services may adopt rules~~	123571
~~under section 5111.02 of the Revised Code that do any of the~~	123572
~~following:~~	123573

~~(a) Adjust the case-mix values specified in division~~	123574
~~(A)(1)(b) of this section to reflect changes in relative wage~~	123575
~~differentials that are specific to this state;~~	123576

~~(b) Express all of those case-mix values in numeric terms~~	123577
~~that are different from the terms specified by the United States~~	123578
~~department of health and human services but that do not alter the~~	123579
~~relationship of the case-mix values to one another;~~	123580

~~(c) Modify the grouper methodology specified in division~~	123581
~~(A)(1)(c) of this section as follows:~~	123582

~~(i) Establish a different hierarchy for assigning residents~~	123583
~~to case-mix categories under the methodology;~~	123584

~~(ii) Prohibit the use of the index maximizer element of the~~	123585
~~methodology;~~	123586

~~(iii) Incorporate changes to the methodology the United~~	123587
~~States department of health and human services makes after June~~	123588
~~30, 1999;~~	123589

~~(iv) Make other changes the department determines are~~	123590
~~necessary.~~	123591

(B) ~~The department shall determine case-mix scores for~~	123592
~~intermediate care facilities for the mentally retarded using data~~	123593
~~for each resident, regardless of payment source, from a resident~~	123594
~~assessment instrument and grouper methodology prescribed in rules~~	123595
~~adopted under section 5111.02 of the Revised Code and expressed in~~	123596
~~case-mix values established by the department in those rules.~~	123597

~~(C) Each calendar quarter, each provider shall compile~~	123598
~~complete assessment data, from the resident assessment instrument~~	123599
~~specified in rules authorized by division (A) or (B) of this~~	123600
~~section, for each resident of each of the provider's facilities,~~	123601
~~regardless of payment source, who was in the facility or on~~	123602
~~hospital or therapeutic leave from the facility on the last day of~~	123603
~~the quarter. Providers of a nursing facility shall submit the data~~	123604
~~to the department of health and, if required by rules, the~~	123605
~~department of job and family services.~~ ~~Providers of an~~	123606
~~intermediate care facility for the mentally retarded shall submit~~	123607
~~the data to the department of job and family services.~~ The data	123608
shall be submitted not later than fifteen days after the end of	123609
the calendar quarter for which the data is compiled.	123610

~~Except as provided in division (D) of this section, the~~	123611
~~department~~, every six months and after the end of each calendar	123612
year, shall calculate a semiannual and annual average case-mix	123613
score for each nursing facility using the facility's quarterly	123614
case-mix scores for that six-month period or calendar year. ~~Also~~	123615
~~except as provided in division (D) of this section, the~~	123616
~~department, after the end of each calendar year, shall calculate~~	123617
~~an annual average case-mix score for each intermediate care~~	123618
~~facility for the mentally retarded using the facility's quarterly~~	123619
~~case-mix scores for that calendar year.~~ The department shall make	123620
the calculations pursuant to procedures specified in rules adopted	123621
under section 5111.02 of the Revised Code.	123622

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	123623
department, for one or more months of a calendar quarter, may	123624
assign to a nursing facility a case-mix score that is five per	123625
cent less than the nursing facility's case-mix score for the	123626
immediately preceding calendar quarter if any of the following	123627
apply:	123628

(a) The provider does not timely submit ~~information~~complete	123629
and accurate resident assessment data necessary to determine the	123630
nursing facility's case-mix score for athe calendar quarter	123631
~~necessary to calculate a facility's case-mix score, or submits~~	123632
~~incomplete or inaccurate information for a calendar quarter, the~~	123633
~~department may assign the facility a quarterly average case-mix~~	123634
~~score that is five per cent less than the facility's quarterly~~	123635
~~average case-mix score for the preceding calendar quarter. If the~~;	123636

(b) The nursing facility was subject to an exception review	123637
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	123638
for the immediately preceding calendar quarter~~, the department may~~	123639
~~assign a quarterly average case-mix score that is five per cent~~	123640
~~less than the score determined by the exception review. If the~~;	123641

(c) The nursing facility was assigned a ~~quarterly average~~	123642
case-mix score for the immediately preceding calendar quarter~~, the~~	123643
~~department may assign a quarterly average case-mix score that is~~	123644
~~five per cent less than that score assigned for the preceding~~	123645
~~quarter~~.	123646

~~The department may use a quarterly average case-mix score~~	123647
~~assigned under division (D)(1) of this section, instead of a~~	123648
~~quarterly average case-mix score calculated based on the~~	123649
~~provider's submitted information, to calculate the facility's rate~~	123650
~~for direct care costs being established under section~~ ~~5111.23 or~~	123651
5111.231 of the Revised Code for one or more months, as specified	123652
in rules authorized by division (E) of this section, of the	123653
quarter for which the rate established under section ~~5111.23 or~~	123654
5111.231 of the Revised Code will be paid.	123655

(2) Before ~~taking action under division (D)(1) of this~~	123656
~~section~~assigning a case-mix score to a nursing facility due to	123657
the submission of incorrect resident assessment data, the	123658
department shall permit the provider ~~a reasonable period of time,~~	123659
~~specified in rules authorized by division (E) of this section,~~ to	123660
correct the ~~information~~data. ~~In the case of an intermediate care~~	123661
~~facility for the mentally retarded, the department shall not~~	123662
~~assign a quarterly average case-mix score due to late submission~~	123663
~~of corrections to assessment information unless the provider fails~~	123664
~~to submit corrected information prior to the eighty-first day~~	123665
~~after the end of the calendar quarter to which the information~~	123666
~~pertains. In the case of a nursing facility, the~~The department	123667
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	123668
~~late submission of corrections to assessment information unless~~if	123669
the provider fails to submit the corrected ~~information prior to~~	123670
resident assessment data not later than the earlier of the	123671
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	123672
to which the ~~information~~data pertains or the deadline for	123673
submission of such corrections established by regulations adopted	123674
by the United States department of health and human services under	123675
~~Titles~~Title XVIII and Title XIX.	123676

~~(2)~~(3) If, for more than six months in a calendar year, a	123677
provider is paid a rate determined for a nursing facility	123678
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	123679
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	123680
~~more than six months in a calendar year~~, the department may assign	123681
the nursing facility a cost per case-mix unit that is five per	123682
cent less than the nursing facility's actual or assigned cost per	123683
case-mix unit for the immediately preceding calendar year. The	123684
department may use the assigned cost per case-mix unit, instead of	123685
~~calculating~~determining the nursing facility's actual cost per	123686
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	123687
5165.19 of the Revised Code, to establish the nursing facility's	123688
rate for direct care costs for the ~~following~~ fiscal year	123689
immediately following the calendar year for which the cost per	123690
case-mix unit is assigned.	123691

~~(3)~~(4) The department shall take action under division	123692
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	123693
rules authorized by ~~division (E) of~~ this section. The department	123694
shall not take an action that affects rates for prior payment	123695
periods except in accordance with sections ~~5111.27~~5165.41 and	123696
~~5111.28~~5165.42 of the Revised Code.	123697

~~(E)~~(C) The medicaid director shall adopt rules under section	123698
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	123699
this section.	123700

(1) The rules shall do all of the following:

123701

~~(1) Specify whether providers of a nursing facility must~~	123702
~~submit the assessment data to the department of job and family~~	123703
~~services;~~	123704

~~(2) Specify the medium or media through which the completed~~	123705
~~assessment data shall be submitted;~~	123706

~~(3)~~(a) Specify the process for determining the semiannual and	123707
annual average case-mix scores for nursing facilities;	123708

(b) Adjust the case-mix values specified in division	123709
(A)(2)(b) of this section to reflect changes in relative wage	123710
differentials that are specific to this state;	123711

(c) Express all of those case-mix values in numeric terms	123712
that are different from the terms specified by the United States	123713
department of health and human services but that do not alter the	123714
relationship of the case-mix values to one another;	123715

(d) Modify the grouper methodology specified in division	123716
(A)(2)(c) of this section as follows:	123717

(i) Establish a different hierarchy for assigning residents	123718
to case-mix categories under the methodology;	123719

(ii) Prohibit the use of the index maximizer element of the	123720
methodology;	123721

(iii) Incorporate changes to the methodology the United	123722
States department of health and human services makes after June	123723
30, 1999;	123724

(iv) Make other changes the department determines are	123725
necessary.	123726

(e) Establish procedures under which ~~the~~resident assessment	123727
data shall be reviewed for accuracy and providers shall be	123728
notified of any data that requires correction;	123729

~~(4)~~(f) Establish procedures for providers to correct resident	123730
assessment data and specify a reasonable period of time by which	123731
providers shall submit the corrections. The procedures may limit	123732
the content of corrections ~~by providers of nursing facilities~~ in	123733
the manner required by regulations adopted by the United States	123734
department of health and human services under ~~Titles~~Title XVIII	123735
and Title XIX.	123736

~~(5)~~(g) Specify when and how the department will assign	123737
case-mix scores or costs per case-mix unit to a nursing facility	123738
under division ~~(D)~~(B) of this section if information necessary to	123739
calculate the nursing facility's case-mix score is not provided or	123740
corrected in accordance with the procedures established by the	123741
rules. ~~Notwithstanding~~	123742

(2) Notwithstanding any other provision of ~~sections 5111.20~~	123743
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	123744
provide for the ~~following:~~	123745

~~(a) Exclusion of case-mix scores assigned under division (D)~~	123746
~~of this section from calculation of an intermediate care facility~~	123747
~~for the mentally retarded's annual average case-mix score and the~~	123748
~~maximum cost per case-mix unit for the facility's peer group;~~	123749

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	123750
nursing facility under division ~~(D)~~(B) of this section from	123751
~~calculation~~the determination of athe nursing facility's	123752
semiannual or annual average case-mix score and the cost per	123753
case-mix unit for the nursing facility's peer group.	123754

Sec. 5165.193. (A) The department of medicaid may, pursuant	123755
to rules authorized by this section, conduct an exception review	123756
of resident assessment data submitted by a nursing facility	123757
provider under section 5165.191 of the Revised Code. The	123758
department may conduct an exception review based on the findings	123759
of a medicaid certification survey conducted by the department of	123760
health, a risk analysis, or prior performance of the provider.	123761

Exception reviews shall be conducted at the nursing facility	123762
by appropriate health professionals under contract with or	123763
employed by the department. The professionals may review resident	123764
assessment forms and supporting documentation, conduct interviews,	123765
and observe residents to identify any patterns or trends of	123766
inaccurate resident assessments and resulting inaccurate case-mix	123767
scores.	123768

(B) If an exception review is conducted before the effective	123769
date of a nursing facility's rate for direct care costs that is	123770
based on the resident assessment data being reviewed and the	123771
review results in findings that exceed tolerance levels specified	123772
in the rules authorized by this section, the department, in	123773
accordance with those rules, may use the findings to redetermine	123774
individual resident case-mix scores, the nursing facility's	123775
case-mix score for the quarter, and the nursing facility's annual	123776
average case-mix score. The department may use the nursing	123777
facility's redetermined quarterly and annual average case-mix	123778
scores to determine the nursing facility's rate for direct care	123779
costs for the appropriate calendar quarter or quarters.	123780

(C) The department shall prepare a written summary of any	123781
exception review finding that is made after the effective date of	123782
a nursing facility's rate for direct care costs that is based on	123783
the resident assessment data that was reviewed. Where the provider	123784
is pursuing judicial or administrative remedies in good faith	123785
regarding the finding, the department shall not withhold from the	123786
provider's current payments any amounts the department claims to	123787
be due from the provider pursuant to section 5165.41 of the	123788
Revised Code.	123789

(D)(1) The medicaid director shall adopt rules under section	123790
5165.02 of the Revised Code as necessary to implement this	123791
section. The rules shall establish an exception review program	123792
that does all of the following:	123793

(a) Requires each exception review to comply with Title XVIII	123794
and Title XIX;	123795

(b) Requires a written summary for each exception review that	123796
states whether resident assessment forms have been completed	123797
accurately;	123798

(c) Prohibits each health professional who conducts an	123799
exception review from doing either of the following:	123800

(i) During the period of the professional's contract or	123801
employment with the department, having or being committed to	123802
acquire any direct or indirect financial interest in the	123803
ownership, financing, or operation of nursing facilities in this	123804
state;	123805

(ii) Reviewing any provider that has been a client of the	123806
professional.	123807

(2) For the purposes of division (D)(1)(c)(i) of this	123808
section, employment of a member of a health professional's family	123809
by a nursing facility that the professional does not review does	123810
not constitute a direct or indirect financial interest in the	123811
ownership, financing, or operation of the nursing facility.	123812

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

123813

(1) "Applicable calendar year" means the following:

123814

(a) For the purpose of the department of ~~job and family~~	123815
~~services'~~medicaid's initial determination under this section of	123816
nursing facilities' rate for tax costs, calendar year 2003;	123817

(b) For the purpose of the department's rebasings, the	123818
calendar year the department selects.	123819

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	123820
of this section of each nursing facility's rate for tax costs	123821
using information from cost reports for an applicable calendar	123822
year that is later than the applicable calendar year used for the	123823
previous determination of such rates.	123824

(B) ~~The department of job and family services shall pay a~~	123825
~~provider for each of the provider's eligible nursing facilities a~~	123826
~~per resident per day rate for tax costs determined under division~~	123827
~~(C) of this section.~~	123828

~~(C)~~ The department of medicaid shall determine ~~the~~each	123829
nursing facility's per medicaid day payment rate for tax costs ~~for~~	123830
~~each nursing facility~~. The department is not required to conduct a	123831
rebasing more than once every ten years. Except as necessary to	123832
implement the amendments made to this section by Sub. H.B. 303 of	123833
the 129th general assembly, the rate for tax costs determined	123834
under this division for a nursing facility shall be used for	123835
subsequent years until the department conducts a rebasing. To	123836
determine a nursing facility's rate for tax costs and except as	123837
provided in division ~~(D)~~(C) of this section, the department shall	123838
do both of the following:	123839

(1) Divide the nursing facility's desk-reviewed, actual,	123840
allowable tax costs paid for the applicable calendar year by the	123841
number of inpatient days the nursing facility would have had if	123842
its occupancy rate had been one hundred per cent during the	123843
applicable calendar year;	123844

(2) Until the first rebasing occurs, increase the amount	123845
calculated under division ~~(C)~~(B)(1) of this section by five and	123846
eight hundredths per cent.	123847

~~(D)~~(C) If a nursing facility had a credit regarding its real	123848
estate taxes reflected on its cost report for calendar year 2003,	123849
the department shall determine, as follows, its rate for tax costs	123850
for the period beginning on July 1, 2010, and ending on the first	123851
day of the fiscal year for which the department first conducts a	123852
rebasing:	123853

(1) Divide the nursing facility's desk-reviewed, actual,	123854
allowable tax costs paid for calendar year 2004 by the number of	123855
inpatient days the nursing facility would have had if its	123856
occupancy rate had been one hundred per cent during calendar year	123857
2004;	123858

(2) Until the first rebasing occurs, increase the amount	123859
calculated under division ~~(D)~~(C)(1) of this section by five and	123860
eight hundredths per cent.	123861

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	123862
of ~~job and family services~~medicaid shall ~~pay a~~determine the	123863
critical access incentive payment ~~to the provider of~~for each	123864
nursing facility that qualifies as a critical access nursing	123865
facility. To qualify as a critical access nursing facility for a	123866
fiscal year, a nursing facility must meet all of the following	123867
requirements:	123868

(1) The nursing facility must be located in an area that, on	123869
December 31, 2011, was designated an empowerment zone under	123870
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	123871
section 1391, 26 U.S.C. 1391~~, as amended~~.	123872

(2) The nursing facility must have an occupancy rate of at	123873
least eighty-five per cent as of the last day of the calendar year	123874
immediately preceding the fiscal year.	123875

(3) The nursing facility must have a medicaid utilization	123876
rate of at least sixty-five per cent as of the last day of the	123877
calendar year immediately preceding the fiscal year.	123878

(4) The nursing facility must have been awarded at least five	123879
points for meeting accountability measures under section 5165.25	123880
of the Revised Code for the fiscal year and at least one of the	123881
five points must have been awarded for meeting the following:	123882

(a) For fiscal year 2014, the accountability measures	123883
identified in divisions (C)(10), (11), (12), and (13) of section	123884
5165.25 of the Revised Code;	123885

(b) For fiscal year 2015 and each fiscal year thereafter, the	123886
accountability measures identified in divisions (D)(9), (10),	123887
(11), (12), and (14) of section 5165.25 of the Revised Code.	123888

(B) A critical access nursing facility's critical access	123889
incentive payment for a fiscal year shall equal five per cent of	123890
the portion of the nursing facility's total rate for the fiscal	123891
year that is the sum of the rates and payment identified in	123892
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	123893
the Revised Code.	123894

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

123895

(1) ~~"Applicable percentage" means, for the accountability~~	123896
~~measures identified in divisions (C)(10) to (13) of this section,~~	123897
~~the following:~~	123898

~~(a) For fiscal year 2013, whichever of the following applies:~~

123899

~~(i) The percentage that the department of job and family~~	123900
~~services specifies for an accountability measure pursuant to~~	123901
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	123902

~~(ii) The percentage specified for an accountability measure~~	123903
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	123904

~~(b) For fiscal year 2014, whichever of the following applies:~~

123905

~~(i) The percentage used pursuant to division (F)(2) of this~~	123906
~~section;~~	123907

~~(ii) The percentage that the department specifies for an~~	123908
~~accountability measure pursuant to division (F)(3)(a) of this~~	123909
~~section.~~	123910

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	123911
~~following applies:~~	123912

~~(i) The percentage used pursuant to division (F)(2) of this~~	123913
~~section;~~	123914

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	123915
~~this section.~~	123916

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	123917
488.30.	123918

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	123919
of long-term care facilities required by section 173.47 of the	123920
Revised Code.	123921

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	123922
488.301.	123923

(4) "Exempted hospital discharge" has the same meaning as in	123924
42 C.F.R. 483.106(b)(2)(i).	123925

(5) "Family satisfaction survey" means a customer	123926
satisfaction survey, or part of a customer satisfaction survey,	123927
that contains the results of information obtained from the	123928
families of a nursing facility's residents.	123929

(6) "Minimum data set" means the standardized, uniform	123930
comprehensive assessment of nursing facility residents that is	123931
used to identify potential problems, strengths, and preferences of	123932
residents and is part of the resident assessment instrument	123933
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	123934
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	123935
~~as amended~~.	123936

(7) ~~"National voluntary consensus standards for nursing~~	123937
~~homes" means measures used to determine the quality of care~~	123938
~~provided by nursing facilities as endorsed by the national quality~~	123939
~~forum.~~	123940

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	123941
of the Revised Code.	123942

~~(9)~~(8) "Resident satisfaction survey" means a customer	123943
satisfaction survey, or part of a customer satisfaction survey,	123944
that contains the results of information obtained from a nursing	123945
facility's residents.	123946

~~(10)~~(9) "Room mirror" means a mirror that is located in	123947
either of the following rooms:	123948

(a) A resident bathroom if the sink used by a resident after	123949
the resident uses the resident bathroom is in the resident	123950
bathroom;	123951

(b) A resident's room if the sink used by a resident after	123952
the resident uses the resident bathroom is in the resident's room.	123953

~~(11)~~(10) "Room sink" means a sink that is located in either	123954
of the following rooms:	123955

(a) A resident bathroom if the sink used by a resident after	123956
the resident uses the resident bathroom is in the resident	123957
bathroom;	123958

(b) A resident's room if the sink used by a resident after	123959
the resident uses the resident bathroom is in the resident's room.	123960

~~(12)~~(11) "Standard survey" has the same meaning as in 42	123961
C.F.R. 488.301.	123962

(12) "Special focus facility list" means the list of nursing	123963
facilities that the United States department of health and human	123964
services creates under the special focus facility program required	123965
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	123966
1396r(f)(10).	123967

(13) "Substantial wall" means a permanent structure that	123968
reaches from floor to ceiling and divides a semiprivate room into	123969
two distinct living spaces, each with its own window.	123970

(14) "Table B of the special focus facility list" means the	123971
table included in the special focus facility list that identifies	123972
nursing facilities that have not improved.	123973

(B)(1) Each fiscal year, the department of ~~job and family~~	123974
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	123975
quality incentive payment ~~to the provider of each nursing facility~~	123976
~~that is awarded one or more points for meeting accountability~~	123977
~~measures under division (C) of this section~~. Subject to ~~division~~	123978
divisions (B)(2) and (3) of this section, the per medicaid day	123979
amount of a quality incentive payment paid to a nursing facility	123980
provider shall be the product of the following:	123981

(a) The number of points the provider's nursing facility is	123982
awarded for meeting accountability measures under ~~division (C) of~~	123983
this section;	123984

(b) Three dollars and twenty-nine cents.

123985

(2) The maximum quality incentive payment that may be paid to	123986
~~the provider of~~ a nursing facility provider for a fiscal year 2014	123987
shall be sixteen dollars and forty-four cents per medicaid day.	123988

(3) The maximum quality incentive payment that may be paid to	123989
a nursing facility provider for fiscal year 2015 and each fiscal	123990
year thereafter shall be the following:	123991

(a) Sixteen dollars and forty-four cents if at least one of	123992
the points awarded to the nursing facility for meeting	123993
accountability measures is for an accountability measure	123994
identified in division (D)(9), (10), (11), (12), or (14) of this	123995
section;	123996

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	123997
of this section does not apply.	123998

(C) ~~Subject~~For fiscal year 2014 only and subject to	123999
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	124000
department shall award each nursing facility participating in the	124001
medicaid program one point for each of the following	124002
accountability measures the facility meets:	124003

(1) The facility's overall score on its resident satisfaction	124004
survey is at least eighty-six.	124005

(2) The facility's overall score on its family satisfaction	124006
survey is at least eighty-eight.	124007

(3) The facility satisfies the requirements for participation	124008
in the advancing excellence in America's nursing homes campaign.	124009

(4) The facility had neither of the following on the	124010
facility's most recent standard survey conducted not later than	124011
the last day of the calendar year immediately preceding the fiscal	124012
year for which the point is to be awarded or any complaint surveys	124013
conducted in the calendar year immediately preceding the fiscal	124014
year for which the point is to be awarded:	124015

(a) A health deficiency with a scope and severity level	124016
greater than F;	124017

(b) A deficiency that constitutes a substandard quality of	124018
care.	124019

(5) The facility offers at least fifty per cent of its	124020
residents at least one of the following dining choices for at	124021
least one meal each day:	124022

(a) Restaurant-style dining in which food is brought from the	124023
food preparation area to residents per the residents' orders;	124024

(b) Buffet-style dining in which residents obtain their own	124025
food, or have the facility's staff bring food to them per the	124026
residents' directions, from the buffet;	124027

(c) Family-style dining in which food is customarily served	124028
on a serving dish and shared by residents;	124029

(d) Open dining in which residents have at least a two-hour	124030
period to choose when to have a meal;	124031

(e) Twenty-four-hour dining in which residents may order	124032
meals from the facility any time of the day.	124033

(6) At least fifty per cent of the facility's residents are	124034
able to take a bath or shower as often as they choose.	124035

(7) The facility has at least both of the following scores on	124036
its resident satisfaction survey:	124037

(a) With regard to the question in the survey regarding	124038
residents' ability to choose when to go to bed in the evening, at	124039
least eighty-nine;	124040

(b) With regard to the question in the survey regarding	124041
residents' ability to choose when to get out of bed in the	124042
morning, at least seventy-six.	124043

(8) The facility has at least both of the following scores on	124044
its family satisfaction survey:	124045

(a) With regard to the question in the survey regarding	124046
residents' ability to choose when to go to bed in the evening, at	124047
least eighty-eight;	124048

(b) With regard to the question in the survey regarding	124049
residents' ability to choose when to get out of bed in the	124050
morning, at least seventy-five.	124051

(9) All of the following apply to the facility:

124052

(a) At least seventy-five per cent of the facility's	124053
residents have the opportunity, following admission to the	124054
facility and before completing or quarterly updating their	124055
individual plans of care, to discuss their goals for the care they	124056
are to receive at the facility, including their preferences for	124057
advance care planning, with a member of the residents' ~~healthcare~~	124058
health care teams that the facility, residents, and residents'	124059
sponsors consider appropriate.	124060

(b) The facility records the residents' care goals, including	124061
the residents' advance care planning preferences, in their medical	124062
records.	124063

(c) The facility uses the residents' care goals, including	124064
the residents' advance care planning preferences, in the	124065
development of the residents' individual plans of care.	124066

(10) Not more than ~~the applicable percentage~~thirteen and	124067
thirty-five hundredths per cent of the facility's long-stay	124068
residents report severe to moderate pain during the minimum data	124069
set assessment process.	124070

(11) Not more than ~~the applicable percentage~~five and	124071
seventy-three hundredths per cent of the facility's long-stay,	124072
high-risk residents have been assessed as having one or more stage	124073
two, three, or four pressure ulcers during the minimum data set	124074
assessment process.	124075

(12) Not more than ~~the applicable percentage~~one and	124076
fifty-two hundredths per cent of the facility's long-stay	124077
residents were physically restrained as reported during the	124078
minimum data set assessment process.	124079

(13) Less than ~~the applicable percentage~~seven and	124080
seventy-eight hundredths per cent of the facility's long-stay	124081
residents had a urinary tract infection as reported during the	124082
minimum data set assessment process.	124083

(14) The facility uses a tool for tracking residents'	124084
admissions to hospitals.	124085

(15) An average of at least fifty per cent of the facility's	124086
medicaid-certified beds are in private rooms.	124087

(16) The facility has accessible resident bathrooms, all of	124088
which meet at least two of the following standards and at least	124089
some of which meet all of the following standards:	124090

(a) There are room mirrors that are accessible to residents	124091
in wheelchairs, can be adjusted so as to be visible to residents	124092
who are seated or standing, or both.	124093

(b) There are room sinks that are accessible to residents in	124094
wheelchairs and have clearance for wheelchairs.	124095

(c) There are room sinks that have faucets with adaptive or	124096
easy-to-use lever or paddle handles.	124097

(17) The facility does both of the following:

124098

(a) Maintains a written policy that prohibits the use of	124099
overhead paging systems or limits the use of overhead paging	124100
systems to emergencies, as defined in the policy;	124101

(b) Communicates the policy to its staff, residents, and	124102
families of residents.	124103

(18) The facility has a score of at least ninety on its	124104
resident satisfaction survey with regard to the question in the	124105
survey regarding residents' ability to personalize their rooms	124106
with personal belongings.	124107

(19) The facility has a score of at least ninety-five on its	124108
family satisfaction survey with regard to the question in the	124109
survey regarding residents' ability to personalize their rooms	124110
with personal belongings.	124111

(20) The facility does both of the following:

124112

(a) Maintains a written policy that requires consistent	124113
assignment of nurse aides and specifies the goal of having a	124114
resident receive nurse aide care from not more than eight	124115
different nurse aides during a thirty-day period;	124116

(b) Communicates the policy to its staff, residents, and	124117
families of residents.	124118

(21) The facility's staff retention rate is at least	124119
seventy-five per cent.	124120

(22) The facility's turnover rate for nurse aides is not	124121
higher than sixty-five per cent.	124122

(23) For at least fifty per cent of the resident care	124123
conferences in the facility, a nurse aide who is a primary	124124
caregiver for the resident attends and participates in the	124125
conference.	124126

(D) For fiscal year 2015 and each fiscal year thereafter and	124127
subject to division (E) of this section, the department shall	124128
award each nursing facility participating in the medicaid program	124129
one point for each of the following accountability measures the	124130
facility meets:	124131

(1) The facility's overall score on its resident satisfaction	124132
survey is at least eighty-seven and five-tenths.	124133

(2) The facility's overall score on its family satisfaction	124134
survey is at least eighty-five and nine-tenths.	124135

(3) The facility satisfies the requirements for participation	124136
in the advancing excellence in America's nursing homes campaign.	124137

(4) Both of the following apply to the facility:

124138

(a) The facility had not been listed on table B of the	124139
special focus facility list for eighteen or more consecutive	124140
months during any time during the calendar year immediately	124141
preceding the fiscal year for which the point is to be awarded.	124142

(b) The facility had neither of the following on the	124143
facility's most recent standard survey conducted not later than	124144
the last day of the calendar year immediately preceding the fiscal	124145
year for which the point is to be awarded or any complaint surveys	124146
conducted in the calendar year immediately preceding the fiscal	124147
year for which the point is to be awarded:	124148

(i) A health deficiency with a scope and severity level	124149
greater than F;	124150

(ii) A deficiency that constitutes a substandard quality of	124151
care.	124152

(5) The facility does all of the following:

124153

(a) Offers at least fifty per cent of its residents at least	124154
one of the following dining choices for at least two meals each	124155
day:	124156

(i) Restaurant-style dining in which food is brought from the	124157
food preparation area to residents per the residents' orders;	124158

(ii) Buffet-style dining in which residents obtain their own	124159
food, or have the facility's staff bring food to them per the	124160
residents' directions, from the buffet;	124161

(iii) Family-style dining in which food is customarily served	124162
on a serving dish and shared by residents;	124163

(iv) Open dining in which residents have at least a two-hour	124164
period to choose when to have a meal;	124165

(v) Twenty-four-hour dining in which residents may order	124166
meals from the facility any time of the day.	124167

(b) Maintains a written policy specifying the manner or	124168
manners in which residents' dining choices for meals are offered;	124169

(c) Communicates the policy to its staff, residents, and	124170
families of residents.	124171

(6) The facility does all of the following:

124172

(a) Enables at least fifty per cent of the facility's	124173
residents to take a bath or shower when they choose;	124174

(b) Maintains a written policy regarding residents' choices	124175
in bathing;	124176

(c) Communicates the policy to its staff, residents, and	124177
families of residents.	124178

(7) The facility has at least both of the following scores on	124179
its resident satisfaction survey:	124180

(a) With regard to the question in the survey regarding	124181
residents' ability to choose when to go to bed in the evening, at	124182
least eighty-nine;	124183

(b) With regard to the question in the survey regarding	124184
residents' ability to choose when to get out of bed in the	124185
morning, at least seventy-six.	124186

(8) The facility has at least both of the following scores on	124187
its family satisfaction survey:	124188

(a) With regard to the question in the survey regarding	124189
residents' ability to choose when to go to bed in the evening, at	124190
least eighty-eight;	124191

(b) With regard to the question in the survey regarding	124192
residents' ability to choose when to get out of bed in the	124193
morning, at least seventy-five.	124194

(9) Not more than thirteen and thirty-five hundredths per	124195
cent of the facility's long-stay residents report severe to	124196
moderate pain during the minimum data set assessment process.	124197

(10) Not more than five and sixteen hundredths per cent of	124198
the facility's long-stay, high-risk residents have been assessed	124199
as having one or more stage two, three, or four pressure ulcers	124200
during the minimum data set assessment process.	124201

(11) Not more than one and fifty-two hundredths per cent of	124202
the facility's long-stay residents were physically restrained as	124203
reported during the minimum data set assessment process.	124204

(12) Less than seven per cent of the facility's long-stay	124205
residents had a urinary tract infection as reported during the	124206
minimum data set assessment process.	124207

(13) The facility does both of the following:

124208

(a) Uses a tool for tracking residents' admissions to	124209
hospitals;	124210

(b) Annually reports to the department data on hospital	124211
admissions by month for all residents.	124212

(14) Both of the following apply:

124213

(a) At least ninety-five per cent of the facility's long-stay	124214
residents are vaccinated against pneumococcal pneumonia, decline	124215
the vaccination, or are not vaccinated because the vaccination is	124216
medically contraindicated.	124217

(b) At least ninety-three per cent of the facility's	124218
long-stay residents are vaccinated against seasonal influenza,	124219
decline the vaccination, or are not vaccinated because the	124220
vaccination is medically contraindicated.	124221

(15) An average of at least fifty per cent of the facility's	124222
medicaid-certified beds are in either, or in a combination of	124223
both, of the following:	124224

(a) Private rooms;

124225

(b) Semiprivate rooms to which all of the following apply:

124226

(i) Each room provides a distinct territory for each resident	124227
occupying the room.	124228

(ii) Each distinct territory has a window and is separated by	124229
a substantial wall from the other distinct territories in the	124230
room.	124231

(iii) Each resident is able to enter and exit the distinct	124232
territory of the resident's room without entering or exiting	124233
another resident's distinct territory.	124234

(iv) Complete visual privacy for each distinct territory may	124235
be obtained by drawing a curtain or other screen.	124236

(16) The facility obtains at least a ninety-five per cent	124237
compliance rate with requesting resident reviews required by 42	124238
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	124239
discharges.	124240

(17) The facility does both of the following:

124241

(a) Maintains a written policy that requires consistent	124242
assignment of nurse aides and specifies the goal of having a	124243
resident receive nurse aide care from not more than twelve	124244
different nurse aides during a thirty-day period;	124245

(b) Communicates the policy to its staff, residents, and	124246
families of residents.	124247

(18) The facility's staff retention rate is at least	124248
seventy-five per cent.	124249

(19) The facility's turnover rate for nurse aides is not	124250
higher than sixty-five per cent.	124251

(20) For at least fifty per cent of the resident care	124252
conferences in the facility, a nurse aide who is a primary	124253
caregiver for the resident attends and participates in the	124254
conference.	124255

(21) All of the following apply to the facility:

124256

(a) At least seventy-five per cent of the facility's	124257
residents have the opportunity, following admission to the	124258
facility and before completing or quarterly updating their	124259
individual plans of care, to discuss their goals for the care they	124260
are to receive at the facility, including their preferences for	124261
advance care planning, with a member of the residents' health care	124262
teams that the facility, residents, and residents' sponsors	124263
consider appropriate.	124264

(b) The facility records the residents' care goals, including	124265
the residents' advance care planning preferences, in their medical	124266
records.	124267

(c) The facility uses the residents' care goals, including	124268
the residents' advance care planning preferences, in the	124269
development of the residents' individual plans of care.	124270

(22) The facility does both of the following:

124271

(a) Maintains a written policy that prohibits the use of	124272
overhead paging systems or limits the use of overhead paging	124273
systems to emergencies, as defined in the policy;	124274

(b) Communicates the policy to its staff, residents, and	124275
families of residents.	124276

(E)(1) To be awarded a point for meeting an accountability	124277
measure under division (C) or (D) of this section other than the	124278
accountability measure identified in ~~division~~divisions (C)(4) and	124279
(D)(4)(b) of this section, a nursing facility must meet the	124280
accountability measure in the calendar year immediately preceding	124281
the fiscal year for which the point is to be awarded. ~~However, a~~	124282
~~nursing facility must meet the accountability measures specified~~	124283
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	124284
~~(23) of this section in the period beginning January 1, 2012, and~~	124285
~~ending March 31, 2012, to be awarded points for those~~	124286
~~accountability measures for fiscal year 2013.~~	124287

(2) The department shall award points pursuant to ~~division~~	124288
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	124289
section to a nursing facility only if a resident satisfaction	124290
survey was initiated under section 173.47 of the Revised Code for	124291
the nursing facility in the calendar year immediately preceding	124292
the fiscal year for which the points are to be awarded.	124293

(3) The department shall award points pursuant to ~~division~~	124294
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	124295
section to a nursing facility only if a family satisfaction survey	124296
was initiated under section 173.47 of the Revised Code for the	124297
nursing facility in the calendar year immediately preceding the	124298
fiscal year for which the points are to be awarded.	124299

(4) The department shall award points pursuant to divisions	124300
(D)(21) and (22) of this section only for fiscal year 2015.	124301

(5) Not later than July 1, 2013, the department shall adjust	124302
the score used for the purpose of division (C)(8)(b) of this	124303
section in a manner that causes at least fifty per cent of nursing	124304
facilities to meet division (C)(8)(b) of this section.	124305

~~(E) For the purposes of awarding points under divisions~~	124306
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	124307
~~following apply:~~	124308

~~(1) If, by July 1, 2012, the United States centers for~~	124309
~~medicare and medicaid services makes calculations using the 3.0~~	124310
~~version of the minimum data set that indicate whether nursing~~	124311
~~facilities meet those accountability measures, the department~~	124312
~~shall do both of the following:~~	124313

~~(a) Rely on those calculations;~~

124314

~~(b) Specify the percentages to be used for the purposes of~~	124315
~~those accountability measures and, in specifying the percentages,~~	124316
~~provide for at least fifty per cent of nursing facilities to earn~~	124317
~~points for meeting those accountability measures.~~	124318

~~(2) If, by July 1, 2012, the United States centers for~~	124319
~~medicare and medicaid services does not make calculations using~~	124320
~~the 3.0 version of the minimum data set that indicate whether~~	124321
~~nursing facilities meet those accountability measures, the~~	124322
~~department shall do either of the following:~~	124323

~~(a) Do both of the following:~~

124324

~~(i) Make the calculations using the 3.0 version of the~~	124325
~~minimum data set in accordance with the national voluntary~~	124326
~~consensus standards for nursing homes;~~	124327

~~(ii) Specify the percentages to be used for the purposes of~~	124328
~~those accountability measures and, in specifying the percentages,~~	124329
~~provide for at least fifty per cent of nursing facilities to earn~~	124330
~~points for meeting those accountability measures.~~	124331

~~(b) Do all of the following:~~

124332

~~(i) Rely on the most recent calculations the United States~~	124333
~~centers for medicare and medicaid services made using the 2.0~~	124334
~~version of the minimum data set that indicate whether nursing~~	124335
~~facilities meet those accountability measures;~~	124336

~~(ii) Use four per cent as the applicable percentage for the~~	124337
~~accountability measure identified in division (C)(10) of this~~	124338
~~section;~~	124339

~~(iii) Use nine per cent as the applicable percentage for the~~	124340
~~accountability measure identified in division (C)(11) of this~~	124341
~~section;~~	124342

~~(iv) Use two per cent as the applicable percentage for the~~	124343
~~accountability measure identified in division (C)(12) of this~~	124344
~~section;~~	124345

~~(v) Use ten per cent as the applicable percentage for the~~	124346
~~accountability measure identified in division (C)(13) of this~~	124347
~~section.~~	124348

(F) ~~For the purposes of awarding points under divisions~~	124349
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	124350
~~thereafter, the department shall do the following:~~	124351

~~(1) Rely on calculations the United States centers for~~	124352
~~medicare and medicaid services makes using the 3.0 version of the~~	124353
~~minimum data set that indicate whether nursing facilities meet~~	124354
~~those accountability measures;~~	124355

~~(2) If the department takes action pursuant to division~~	124356
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	124357
~~percentages the department specifies pursuant to division~~	124358
~~(E)(1)(b) of this section for the purposes of those accountability~~	124359
~~measures;~~	124360

~~(3) If the department takes action pursuant to division~~	124361
~~(E)(2) of this section for fiscal year 2013, do the following:~~	124362

~~(a) For fiscal year 2014, specify the percentages to be used~~	124363
~~for the purposes of those accountability measures and, in~~	124364
~~specifying the percentages, provide for at least fifty per cent of~~	124365
~~nursing facilities to earn points for meeting those accountability~~	124366
~~measures;~~	124367

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	124368
~~percentages the department specifies pursuant to division~~	124369
~~(F)(3)(a) of this section for the purposes of those accountability~~	124370
~~measures.~~Not later than July 1, 2014, the department shall	124371
submit, in accordance with section 101.68 of the Revised Code,	124372
recommendations to the general assembly for accountability	124373
measures to replace the accountability measures identified in	124374
divisions (D)(21) and (22) of this section.	124375

(G) ~~The director of job and family services shall adopt rules~~	124376
~~under section 5111.02 of the Revised Code as necessary to~~	124377
~~implement this section.~~	124378

~~The rules~~Rules adopted under section 5165.02 of the Revised	124379
Code may specify what is meant by "some" as that word is used in	124380
division (C)(16) of this section.	124381

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

124382

(1) "Budgeted amount for quality incentive payments for a	124383
fiscal year" means the amount determined for a fiscal year as	124384
follows:	124385

(a) Multiply the total number of medicaid days in the	124386
immediately preceding fiscal year by sixteen dollars and	124387
forty-four cents;	124388

(b) Determine the total amount of quality incentive payments	124389
that was paid under section 5165.25 of the Revised Code to all	124390
nursing facility providers for the immediately preceding fiscal	124391
year;	124392

(c) Subtract the amount determined under division (A)(1)(b)	124393
of this section from the product calculated under division	124394
(A)(1)(a) of this section;	124395

(d) Add thirty million dollars to the difference calculated	124396
under division (A)(1)(c) of this section.	124397

(2) "Point days for a fiscal year" means the product of the	124398
following:	124399

(a) A qualifying nursing facility's quality bonus points for	124400
the fiscal year;	124401

(b) The number of the qualifying nursing facility's medicaid	124402
days in the immediately preceding fiscal year.	124403

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	124404
that qualifies for a quality bonus for a fiscal year as determined	124405
under division (B) of this section.	124406

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	124407
amount determined by subtracting five from the number of points	124408
awarded to a qualifying nursing facility for meeting	124409
accountability measures under ~~division (C) of~~ section ~~5111.244~~	124410
5165.25 of the Revised Code for a fiscal year.	124411

~~(4) "Residual budgeted amount for quality incentive payments~~	124412
~~for a fiscal year" means the amount determined for a fiscal year~~	124413
~~as follows:~~	124414

~~(a) Multiply the total number of medicaid days in the fiscal~~	124415
~~year by sixteen dollars and forty-four cents;~~	124416

~~(b) Determine the total amount of quality incentive payments~~	124417
~~that was paid under section 5111.244 of the Revised Code to all~~	124418
~~nursing facility providers for the fiscal year;~~	124419

~~(c) Subtract the amount determined under division (A)(4)(b)~~	124420
~~of this section from the product calculated under division~~	124421
~~(A)(4)(a) of this section.~~	124422

(B) ~~The~~Not later than the first day of November of each	124423
fiscal year, the department of ~~job and family services~~medicaid	124424
shall pay a nursing facility provider a quality bonus for athe	124425
fiscal year if ~~both of~~ the ~~following apply:~~	124426

~~(1) The~~ provider's nursing facility is awarded more than five	124427
points for meeting accountability measures under ~~division (C) of~~	124428
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	124429
and the following applies:	124430

(1) For fiscal year 2014, at least two of the points are	124431
awarded to the nursing facility pursuant to division (C)(10),	124432
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	124433

(2) For fiscal year 2015 and each fiscal year thereafter, at	124434
least two of the points are awarded to the nursing facility	124435
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	124436
section 5165.25 of the Revised Code.	124437

~~(2) The residual budgeted amount for quality incentive~~	124438
~~payments for the fiscal year is greater than zero.~~	124439

(C) The total quality bonus to be paid to the provider of a	124440
qualifying nursing facility for a fiscal year shall equal the	124441
product of the following:	124442

(1) The quality bonus per medicaid day for the fiscal year	124443
determined for the provider's qualifying nursing facility under	124444
division (D) of this section;	124445

(2) The number of the qualifying nursing facility's medicaid	124446
days in the immediately preceding fiscal year.	124447

(D) A qualifying nursing facility's quality bonus per	124448
medicaid day for a fiscal year shall be the product of the	124449
following:	124450

(1) The nursing facility's quality bonus points for the	124451
fiscal year;	124452

(2) The quality bonus per point for the fiscal year	124453
determined under division (E) of this section.	124454

(E) The quality bonus per point for a fiscal year shall be	124455
determined as follows:	124456

(1) Determine the number of each qualifying nursing	124457
facility's point days for the fiscal year;	124458

(2) Determine the sum of all qualifying nursing facilities'	124459
point days for the fiscal year;	124460

(3) Divide the ~~residual~~ budgeted amount for quality incentive	124461
payments for the fiscal year by the sum determined under division	124462
(E)(2) of this section.	124463

(F) The calculation of a qualifying nursing facility's bonus	124464
payment is not subject to appeal under Chapter 119. of the Revised	124465
Code.	124466

~~(G) The director of job and family services may adopt rules~~	124467
~~under section 5111.02 of the Revised Code as necessary to~~	124468
~~implement this section.~~	124469

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	124470
adds or replaces one or more medicaid certified beds to or at the	124471
nursing facility, or renovates one or more of the nursing	124472
facility's beds, the medicaid payment rate for the added,	124473
replaced, or renovated beds shall be the same as the medicaid	124474
payment rate for the nursing facility's existing beds.	124475

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	124476
beds are relocated from one nursing facility to another nursing	124477
facility owned by a different person or government entity and the	124478
application for the certificate of need authorizing the relocation	124479
is filed with the director of health on or after ~~the effective~~	124480
~~date of this section~~July 1, 2005, amortization of the cost of	124481
acquiring operating rights for the relocated beds is not an	124482
allowable cost for the purpose of determining the nursing	124483
facility's medicaid ~~reimbursement~~payment rate.	124484

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	124485
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	124486
services, and facilities, furnished to a nursing facility provider	124487
by a related party are includable in the allowable costs of the	124488
provider at the reasonable cost to the related party.	124489

Sec. 5165.32. The department of medicaid shall not reduce a	124490
nursing facility's medicaid payment rate determined under this	124491
chapter on the basis that the provider charges a lower rate to any	124492
resident who is not eligible for medicaid.	124493

Sec. 5165.33. No medicaid payment shall be made to a nursing	124494
facility provider for the day a medicaid recipient is discharged	124495
from the nursing facility.	124496

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	124497
~~services~~medicaid may make medicaid payments to a nursing	124498
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	124499
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	124500
recipient during a temporary absence under conditions prescribed	124501
by the department, to include hospitalization for an acute	124502
condition, visits with relatives and friends, and participation in	124503
therapeutic programs outside the facility, when the resident's	124504
plan of care provides for such absence and federal financial	124505
participation infor the payments is available.	124506

(B) The maximum period for which payments may be made to	124507
reserve a bed in a nursing facility shall not exceed thirty days	124508
in a calendar year.	124509

(C) The department shall establish the per ~~diem~~medicaid day	124510
payment rates ~~to be paid to providers of nursing facilities~~ for	124511
reserving beds under this section. In establishing the per ~~diem~~	124512
medicaid day payment rates, the department shall ~~do the following:~~	124513

~~(1) In the case of a payment to reserve a bed for a day~~	124514
~~during calendar year 2011, set the per diem rate at an amount not~~	124515
~~exceeding fifty per cent of the per diem rate the provider would~~	124516
~~be paid if the recipient were not absent from the nursing facility~~	124517
~~that day;~~	124518

~~(2) In the case of a payment to reserve a bed for a day~~	124519
~~during calendar year 2012 and each calendar year thereafter,~~ set	124520
the per ~~diem~~medicaid day payment rate at an amount equal to the	124521
following:	124522

~~(a)~~(1) In the case of a nursing facility that had an	124523
occupancy rate ~~in the preceding calendar year~~ exceeding	124524
ninety-five per cent, an amount not exceeding fifty per cent of	124525
the per ~~diem~~medicaid day payment rate the provider would be paid	124526
if the recipient were not absent from the nursing facility that	124527
day;	124528

~~(b)~~(2) In the case of a nursing facility that had an	124529
occupancy rate ~~in the preceding calendar year~~ not exceeding	124530
ninety-five per cent, an amount not exceeding eighteen per cent of	124531
the per ~~diem~~medicaid day payment rate the provider would be paid	124532
if the recipient were not absent from the nursing facility that	124533
day.	124534

(D) For the purpose of setting a nursing facility's per	124535
medicaid day payment rate to reserve a bed for a day during the	124536
period beginning on the effective date of this amendment and	124537
ending December 31, 2013, the department shall determine the	124538
nursing facility's occupancy rate by using information reported on	124539
the nursing facility's cost report for calendar year 2012. For the	124540
purpose of setting a nursing facility's per medicaid day payment	124541
rate to reserve a bed for January 1, 2014, or thereafter, the	124542
department shall determine the nursing facility's occupancy rate	124543
by using information reported on the nursing facility's cost	124544
report for the calendar year preceding the fiscal year in which	124545
the reservation falls.	124546

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	124547
~~date of an involuntary termination" and "involuntary termination"~~	124548
~~have the same meanings as in section 5111.65 of the Revised Code.~~	124549

Medicaid payments may be made for nursing facility services	124550
~~and intermediate care facility for the mentally retarded services~~	124551
provided not later than thirty days after the effective date of an	124552
involuntary termination of the nursing facility that provides the	124553
services if the services are provided to a medicaid recipient who	124554
is eligible for the services and resided in the nursing facility	124555
before the effective date of the involuntary termination.	124556

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	124557
~~services~~medicaid shall make its best efforts each year to	124558
calculate nursing facilities' medicaid payment rates under	124559
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	124560
time to ~~use them to make~~pay the ~~payments due to providers~~rates	124561
by the fifteenth day of August of each fiscal year. If the	124562
department is unable to calculate the rates so that they can be	124563
paid by that date, the department shall pay each provider the rate	124564
calculated for the provider's nursing facilities ~~and intermediate~~	124565
~~care facilities for the mentally retarded~~ under ~~those sections~~	124566
this chapter at the end of the previous fiscal year. If the	124567
department also is unable to calculate the rates to ~~make the~~	124568
~~payments due~~pay the rates by the fifteenth day of September and	124569
the fifteenth day of October, the department shall pay the	124570
previous fiscal year's rate to make those payments. The department	124571
may increase by five per cent the previous fiscal year's rate paid	124572
for any nursing facility pursuant to this section at the request	124573
of the provider. The department shall use rates calculated for the	124574
current fiscal year to make the payments due by the fifteenth day	124575
of November.	124576

If the rate paid to a provider for a nursing facility	124577
pursuant to this section is lower than the rate calculated for the	124578
nursing facility for the current fiscal year, the department shall	124579
pay the provider the difference between the two rates for the	124580
number of days for which the provider was paid for the nursing	124581
facility pursuant to this section. If the rate paid for a nursing	124582
facility pursuant to this section is higher than the rate	124583
calculated for it for the current fiscal year, the provider shall	124584
refund to the department the difference between the two rates for	124585
the number of days for which the provider was paid for the nursing	124586
facility pursuant to this section.	124587

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	124588
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	124589
the Revised Code that establish a process under which a nursing	124590
facility provider, or a group or association of nursing facility	124591
providers, may seek reconsideration of medicaid payment rates	124592
established under ~~sections 5111.20 to 5111.331 of the Revised~~	124593
~~Code~~this chapter, including a rate for direct care costs	124594
recalculated before the effective date of the rate as a result of	124595
an exception review of resident assessment ~~information~~data	124596
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	124597

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	124598
~~section, the~~ only issue that a provider, group, or association may	124599
raise in the rate reconsideration shall be whether the rate was	124600
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	124601
~~Revised Code~~this chapter and the rules adopted under section	124602
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	124603
provider, group, or association tomay submit written arguments or	124604
other materials that support its position. The ~~rules shall specify~~	124605
provider, group, or association and department of medicaid shall	124606
take actions regarding the rate reconsideration within time frames	124607
~~within which the provider, group, or association and the~~	124608
~~department must act~~specified in rules authorized by this section.	124609
If	124610

If the department determines, as a result of the rate	124611
reconsideration, that the rate ~~established~~determined for one or	124612
more nursing facilities ~~of a provider~~ is less than the rate to	124613
which the nursing facility is entitled, the department shall	124614
increase the rate. If the department has paid the incorrect rate	124615
for a period of time, the department shall pay the provider the	124616
difference between the amount the provider was paid for that	124617
period for the nursing facility and the amount the provider should	124618
have been paid for the nursing facility.	124619

~~(2) The rules shall provide that during a fiscal year, the~~	124620
~~department, by means of the rate reconsideration process, may~~	124621
~~increase the rate determined for an intermediate care facility for~~	124622
~~the mentally retarded as calculated under sections 5111.20 to~~	124623
~~5111.331 of the Revised Code if the provider of the facility~~	124624
~~demonstrates that the facility's actual, allowable costs have~~	124625
~~increased because of extreme circumstances. A facility may qualify~~	124626
~~for a rate increase only if the facility's per diem, actual,~~	124627
~~allowable costs have increased to a level that exceeds its total~~	124628
~~rate. The rules shall specify the circumstances that would justify~~	124629
~~a rate increase under division (A)(2) of this section. The rules~~	124630
~~shall provide that the extreme circumstances include natural~~	124631
~~disasters, renovations approved under division (D) of section~~	124632
~~5111.251 of the Revised Code, an increase in workers' compensation~~	124633
~~experience rating of greater than five per cent for a facility~~	124634
~~that has an appropriate claims management program, increased~~	124635
~~security costs for an inner-city facility, and a change of~~	124636
~~ownership that results from bankruptcy, foreclosure, or findings~~	124637
~~of violations of certification requirements by the department of~~	124638
~~health. An increase under division (A)(2) of this section is~~	124639
~~subject to any rate limitations or maximum rates established by~~	124640
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	124641
~~centers. Any rate increase granted under division (A)(2) of this~~	124642
~~section shall take effect on the first day of the first month~~	124643
~~after the department receives the request.~~	124644

~~(3) The rules shall provide that the department, through the~~	124645
~~rate reconsideration process, may increase an intermediate care~~	124646
~~facility for the mentally retarded's rate as calculated under~~	124647
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	124648
~~department, in the department's sole discretion, determines that~~	124649
~~the rate as calculated under those sections works an extreme~~	124650
~~hardship on the facility.~~	124651

~~(4) The rules shall provide that when beds certified for the~~	124652
~~medicaid program are added to an existing intermediate care~~	124653
~~facility for the mentally retarded or replaced at the same site,~~	124654
~~the department, through the rate reconsideration process, shall~~	124655
~~increase the intermediate care facility for the mentally~~	124656
~~retarded's rate for capital costs proportionately, as limited by~~	124657
~~any applicable limitation under section 5111.251 of the Revised~~	124658
~~Code, to account for the costs of the beds that are added or~~	124659
~~replaced. The department shall make this increase one month after~~	124660
~~the first day of the month after the department receives~~	124661
~~sufficient documentation of the costs. Any rate increase granted~~	124662
~~under division (A)(4) of this section after June 30, 1993, shall~~	124663
~~remain in effect until the effective date of a rate calculated~~	124664
~~under section 5111.251 of the Revised Code that includes costs~~	124665
~~incurred for a full calendar year for the bed addition or bed~~	124666
~~replacement. The facility shall report double accumulated~~	124667
~~depreciation in an amount equal to the depreciation included in~~	124668
~~the rate adjustment on its cost report for the first year of~~	124669
~~operation. During the term of any loan used to finance a project~~	124670
~~for which a rate adjustment is granted under division (A)(4) of~~	124671
~~this section, if the facility is operated by the same provider,~~	124672
~~the provider shall subtract from the interest costs it reports on~~	124673
~~its cost report an amount equal to the difference between the~~	124674
~~following:~~	124675

~~(a) The actual, allowable interest costs for the loan during~~	124676
~~the calendar year for which the costs are being reported;~~	124677

~~(b) The actual, allowable interest costs attributable to the~~	124678
~~loan that were used to calculate the rates paid to the provider~~	124679
~~for the facility during the same calendar year.~~	124680

~~(5) The department's decision at the conclusion of the~~	124681
~~reconsideration process shall not be subject to any administrative~~	124682
~~proceedings under Chapter 119. or any other provision of the~~	124683
~~Revised Code.~~	124684

~~(B) All of the following are subject to an adjudication~~	124685
~~conducted in accordance with Chapter 119. of the Revised Code:~~	124686

~~(1) Any audit disallowance that the department makes as the~~	124687
~~result of an audit under section 5111.27 of the Revised Code;~~	124688

~~(2) Any adverse finding that results from an exception review~~	124689
~~of resident assessment information conducted under section 5111.27~~	124690
~~of the Revised Code after the effective date of the facility's~~	124691
~~rate that is based on the assessment information;~~	124692

~~(3) Any medicaid payment deemed an overpayment under section~~	124693
~~5111.683 of the Revised Code;~~	124694

~~(4) Any penalty the department imposes under division (C) of~~	124695
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	124696
~~Revised Code.~~	124697

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	124698
properly amends ~~its~~a cost report for the nursing facility under	124699
section ~~5111.261~~5165.107 of the Revised Code and the amended	124700
report shows that the provider received a lower medicaid payment	124701
rate under the original cost report than itthe provider was	124702
entitled to receive, the department of ~~job and family services~~	124703
medicaid shall adjust the provider's rate for the nursing facility	124704
prospectively to reflect the corrected information. The department	124705
shall pay the adjusted rate beginning two months after the first	124706
day of the month after the provider files the amended cost report.	124707
If	124708

If the department finds, from an exception review of resident	124709
assessment ~~information~~data conducted pursuant to section 5165.193	124710
of the Revised Code after the effective date of ~~the~~a nursing	124711
facility's rate for direct care costs that is based on the	124712
resident assessment ~~information~~data, that inaccurate resident	124713
assessment ~~information~~data resulted in the provider receiving a	124714
lower rate for the nursing facility than it was entitled to	124715
receive, the department prospectively shall adjust the provider's	124716
rate accordingly ~~and~~. The department shall make payments to the	124717
provider using the adjusted rate for the remainder of the ~~calendar~~	124718
~~quarter~~six-month period for which the resident assessment	124719
~~information~~data is used to determine the rate, beginning one	124720
month after the first day of the month after the exception review	124721
is completed.	124722

~~(B) If the provider properly amends its cost report under~~	124723
~~section 5111.261 of the Revised Code, the department makes a~~	124724
~~finding based on an audit under section 5111.27 of the Revised~~	124725
~~Code, or the~~ ~~department~~ makes a finding based on an exception	124726
review of resident assessment information conducted under section	124727
5111.27 of the Revised Code after the effective date of the rate	124728
for direct care costs that is based on the assessment information,	124729
any of which results in a determination that the provider has	124730
received a higher rate than it was entitled to receive, the	124731
~~department~~ shall recalculate the provider's rate using the revised	124732
information. The ~~department~~ shall apply the recalculated rate to	124733
the periods when the provider received the incorrect rate to	124734
determine the amount of the overpayment. The provider shall refund	124735
the amount of the overpayment.	124736

~~In addition to requiring a refund under this division, the~~	124737
~~department may charge the provider interest at the applicable rate~~	124738
~~specified in this division from the time the overpayment was made.~~	124739

~~(1) If the overpayment resulted from costs reported for~~	124740
~~calendar year 1993, the interest shall be no greater than one and~~	124741
~~one-half times the average bank prime rate.~~	124742

~~(2) If the overpayment resulted from costs reported for~~	124743
~~subsequent calendar years:~~	124744

~~(a) The interest shall be no greater than two times the~~	124745
~~average bank prime rate if the overpayment was equal to or less~~	124746
~~than one per cent of the total medicaid payments to the provider~~	124747
~~for the fiscal year for which the incorrect information was used~~	124748
~~to establish a rate.~~	124749

~~(b) The interest shall be no greater than two and one-half~~	124750
~~times the current average bank prime rate if the overpayment was~~	124751
~~greater than one per cent of the total medicaid payments to the~~	124752
~~provider for the fiscal year for which the incorrect information~~	124753
~~was used to establish a rate.~~	124754

~~(C) The department also may impose the following penalties:~~

124755

~~(1) If a provider does not furnish invoices or other~~	124756
~~documentation that the department requests during an audit within~~	124757
~~sixty days after the request, no more than the greater of one~~	124758
~~thousand dollars per audit or twenty-five per cent of the~~	124759
~~cumulative amount by which the costs for which documentation was~~	124760
~~not furnished increased the total medicaid payments to the~~	124761
~~provider during the fiscal year for which the costs were used to~~	124762
~~establish a rate;~~	124763

~~(2) If an exiting operator or owner fails to provide notice~~	124764
~~of a facility closure, voluntary termination, or voluntary~~	124765
~~withdrawal of participation in the medicaid program as required by~~	124766
~~section 5111.66 of the Revised Code, or an exiting operator or~~	124767
~~owner and entering operator fail to provide notice of a change of~~	124768
~~operator as required by section 5111.67 of the Revised Code, no~~	124769
~~more than the current average bank prime rate plus four per cent~~	124770
~~of the last two monthly payments.~~	124771

~~(D) If the provider continues to participate in the medicaid~~	124772
~~program, the department shall deduct any amount that the provider~~	124773
~~is required to refund under this section, and the amount of any~~	124774
~~interest charged or penalty imposed under this section, from the~~	124775
~~next available payment from the~~ ~~department~~ to the provider. The	124776
~~department~~ and the provider may enter into an agreement under	124777
which the amount, together with interest, is deducted in	124778
installments from payments from the ~~department~~ to the provider.	124779

~~(E) The department shall transmit refunds and penalties to~~	124780
~~the treasurer of state for deposit in the general revenue fund.~~	124781

~~(F) For the purpose of this section, the department shall~~	124782
~~determine the average bank prime rate using statistical release~~	124783
~~H.15, "selected interest rates," a weekly publication of the~~	124784
~~federal reserve board, or any successor publication. If~~	124785
~~statistical release H.15, or its successor, ceases to contain the~~	124786
~~bank prime rate information or ceases to be published, the~~	124787
~~department~~ shall request a written statement of the average bank	124788
prime rate from the federal reserve bank of Cleveland or the	124789
federal reserve board.	124790

Sec. 5165.41. (A) The department of medicaid shall	124791
redetermine a provider's medicaid payment rate for a nursing	124792
facility using revised information if any of the following results	124793
in a determination that the provider received a higher medicaid	124794
payment rate for the nursing facility than the provider was	124795
entitled to receive:	124796

(1) The provider properly amends a cost report for the	124797
nursing facility under section 5165.107 of the Revised Code;	124798

(2) The department makes a finding based on an audit under	124799
section 5165.109 of the Revised Code;	124800

(3) The department makes a finding based on an exception	124801
review of resident assessment data conducted under section	124802
5165.193 of the Revised Code after the effective date of the	124803
nursing facility's rate for direct care costs that is based on the	124804
resident assessment data;	124805

(4) The department makes a finding based on a post-payment	124806
review conducted under section 5165.49 of the Revised Code.	124807

(B) The department shall apply the redetermined rate to the	124808
periods when the provider received the incorrect rate to determine	124809
the amount of the overpayment. The provider shall refund the	124810
amount of the overpayment. The department may charge the provider	124811
the following amount of interest from the time the overpayment was	124812
made:	124813

(1) If the overpayment resulted from costs reported for	124814
calendar year 1993, the interest shall be no greater than one and	124815
one-half times the current average bank prime rate.	124816

(2) If the overpayment resulted from costs reported for a	124817
subsequent calendar year:	124818

(a) The interest shall be no greater than two times the	124819
current average bank prime rate if the overpayment was no more	124820
than one per cent of the total medicaid payments to the provider	124821
for the fiscal year for which the overpayment was made.	124822

(b) The interest shall be no greater than two and one-half	124823
times the current average bank prime rate if the overpayment was	124824
more than one per cent of the total medicaid payments to the	124825
provider for the fiscal year for which the overpayment was made.	124826

Sec. 5165.42. In addition to the other penalties authorized	124827
by this chapter, the department of medicaid may impose the	124828
following penalties on a nursing facility provider:	124829

(A) If the provider does not furnish invoices or other	124830
documentation that the department requests during an audit within	124831
sixty days after the request, a fine of no more than the greater	124832
of the following:	124833

(1) One thousand dollars per audit;

124834

(2) Twenty-five per cent of the cumulative amount by which	124835
the costs for which documentation was not furnished increased the	124836
total medicaid payments to the provider during the fiscal year for	124837
which the costs were used to determine a rate.	124838

(B) If an exiting operator or owner fails to provide notice	124839
of a facility closure or voluntary withdrawal of participation in	124840
the medicaid program as required by section 5165.50 of the Revised	124841
Code, or an exiting operator or owner and entering operator fail	124842
to provide notice of a change of operator as required by section	124843
5165.51 of the Revised Code, a fine of not more than the current	124844
average bank prime rate plus four per cent of the last two monthly	124845
payments.	124846

Sec. 5165.43. For the purposes of sections 5165.41 and	124847
5165.42 of the Revised Code, the department of medicaid shall	124848
determine the current average bank prime rate using statistical	124849
release H.15, "selected interest rates," a weekly publication of	124850
the federal reserve board, or any successor publication. If	124851
statistical release H.15, or its successor, ceases to contain the	124852
bank prime rate information or ceases to be published, the	124853
department shall request a written statement of the average bank	124854
prime rate from the federal reserve bank of Cleveland or the	124855
federal reserve board.	124856

Sec. 5165.44. (A) Except as provided in division (B) of this	124857
section, the department of medicaid shall deduct the following	124858
from the next available medicaid payment the department makes to a	124859
nursing facility provider who continues to participate in	124860
medicaid:	124861

(1) Any amount the provider is required to refund, and any	124862
interest charged, under section 5165.41 of the Revised Code;	124863

(2) The amount of any penalty imposed on the provider under	124864
section 5165.42 of the Revised Code.	124865

(B) The department and a nursing facility provider may enter	124866
into an agreement under which a deduction required by division (A)	124867
of this section is taken in installments from payments the	124868
department makes to the provider.	124869

Sec. 5165.45. The department of medicaid shall transmit to	124870
the treasurer of state for deposit in the general revenue fund	124871
amounts collected from the following:	124872

(A) Refunds required by, and interest charged under, section	124873
5165.41 of the Revised Code;	124874

(B) Amounts collected from penalties imposed under section	124875
5165.42 of the Revised Code.	124876

Sec. 5165.46. All of the following are subject to an	124877
adjudication conducted in accordance with Chapter 119. of the	124878
Revised Code:	124879

(A) Any audit disallowance that the department of medicaid	124880
makes as the result of an audit under section 5165.109 of the	124881
Revised Code;	124882

(B) Any adverse finding that results from an exception review	124883
of resident assessment data conducted for a nursing facility under	124884
section 5165.193 of the Revised Code after the effective date of	124885
the nursing facility's medicaid payment rate for direct care costs	124886
that is based on the resident assessment data;	124887

(C) Any medicaid payment deemed an overpayment under section	124888
5165.523 of the Revised Code;	124889

(D) Any penalty the department imposes under section 5165.42	124890
of the Revised Code or section 5165.523 of the Revised Code.	124891

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	124892
facility provider ~~of a nursing facility~~, shall submit a claim for	124893
medicaid ~~reimbursement~~payment for a service provided to a	124894
nursing facility resident if the service is included in a medicaid	124895
payment made to the nursing facility provider ~~of a nursing~~	124896
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	124897
this chapter or in the ~~reimbursable~~allowable expenses reported	124898
on a provider's cost report for a nursing facility. No nursing	124899
facility provider ~~of a nursing facility~~ shall submit a separate	124900
claim for medicaid ~~reimbursement~~payment for a service provided	124901
to a resident of the nursing facility if the service is included	124902
in a medicaid payment made to the provider under ~~sections 5111.20~~	124903
~~to 5111.331 of the Revised Code~~this chapter or in the	124904
~~reimbursable~~allowable expenses on the provider's cost report for	124905
the nursing facility.	124906

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	124907
~~facility" and "provider" have the same meanings as in section~~	124908
~~5111.20 of the Revised Code.~~	124909

The provider of a nursing facility is not required to submit	124910
a claim to the department of ~~job and family services~~medicaid	124911
regarding the medicare cost-sharing expenses of a resident of the	124912
nursing facility who, under federal law, is eligible to have the	124913
medicaid program pay for a part of the cost-sharing expenses if	124914
the provider determines that, under rules adopted under section	124915
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	124916
not receive a medicaid payment for any part of the medicare	124917
cost-sharing expenses. In such a situation, a claim for the	124918
medicare cost-sharing expenses shall be considered to have been	124919
adjudicated at no payment.	124920

Sec. 5165.49. The department of medicaid may conduct a	124921
post-payment review of a claim submitted by a nursing facility	124922
provider and paid by the medicaid program to determine whether the	124923
provider was overpaid. The department shall provide the provider a	124924
written summary of the review's results. The review's results are	124925
not subject to an adjudication under Chapter 119. of the Revised	124926
Code; however, the provider may request that the medicaid director	124927
reconsider the review's results. The director shall reconsider the	124928
review's results on receipt of a request made in good faith. The	124929
department shall not deduct any amounts the department claims to	124930
be due from the provider as a result of the review from the	124931
provider's medicaid payments pursuant to section 5165.44 of the	124932
Revised Code until the conclusion of the director's	124933
reconsideration, if any, of the review.	124934

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	124935
nursing facility ~~or intermediate care facility for the mentally~~	124936
~~retarded~~ participating in the medicaid program shall provide the	124937
department of ~~job and family services~~medicaid written notice of a	124938
facility closure~~, voluntary termination,~~ or voluntary withdrawal	124939
of participation not less than ninety days before the effective	124940
date of the facility closure~~, voluntary termination,~~ or voluntary	124941
withdrawal of participation. The written notice shall be provided	124942
to the department in accordance with the method specified in rules	124943
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124944
Revised Code.	124945

The written notice shall include all of the following:

124946

(A) The name of the exiting operator and, if any, the exiting	124947
operator's authorized agent;	124948

(B) The name of the nursing facility ~~or intermediate care~~	124949
~~facility for the mentally retarded~~ that is the subject of the	124950
written notice;	124951

(C) The exiting operator's medicaid provider agreement number	124952
for the nursing facility that is the subject of the written	124953
notice;	124954

(D) The effective date of the facility closure~~, voluntary~~	124955
~~termination,~~ or voluntary withdrawal of participation;	124956

(E) The signature of the exiting operator's or owner's	124957
representative.	124958

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	124959
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	124960
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	124961
nursing facility undergoes a voluntary withdrawal of	124962
participation.	124963

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	124964
entering operator shall provide the department of ~~job and family~~	124965
~~services~~medicaid written notice of a change of operator if the	124966
nursing facility ~~or intermediate care facility for the mentally~~	124967
~~retarded~~ participates in the medicaid program and the entering	124968
operator seeks to continue the nursing facility's participation.	124969
The written notice shall be provided to the department in	124970
accordance with the method specified in rules ~~adopted under~~	124971
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	124972
written notice shall be provided to the department not later than	124973
forty-five days before the effective date of the change of	124974
operator if the change of operator does not entail the relocation	124975
of residents. The written notice shall be provided to the	124976
department not later than ninety days before the effective date of	124977
the change of operator if the change of operator entails the	124978
relocation of residents.	124979

The written notice shall include all of the following:

124980

(1) The name of the exiting operator and, if any, the exiting	124981
operator's authorized agent;	124982

(2) The name of the nursing facility ~~or intermediate care~~	124983
~~facility for the mentally retarded~~ that is the subject of the	124984
change of operator;	124985

(3) The exiting operator's seven-digit medicaid legacy number	124986
and ten-digit national provider identifier number for the nursing	124987
facility that is the subject of the change of operator;	124988

(4) The name of the entering operator;

124989

(5) The effective date of the change of operator;

124990

(6) The manner in which the entering operator becomes the	124991
nursing facility's operator, including through sale, lease,	124992
merger, or other action;	124993

(7) If the manner in which the entering operator becomes the	124994
nursing facility's operator involves more than one step, a	124995
description of each step;	124996

(8) Written authorization from the exiting operator or owner	124997
and entering operator for the department to process a provider	124998
agreement for the entering operator;	124999

(9) The names and addresses of the persons to whom the	125000
department should send initial correspondence regarding the change	125001
of operator;	125002

(10) If the nursing facility also participates in the	125003
medicare program, notification of whether the entering operator	125004
intends to accept assignment of the exiting operator's medicare	125005
provider agreement;	125006

(11) The signature of the exiting operator's or owner's	125007
representative.	125008

(B) An exiting operator or owner and entering operator	125009
immediately shall provide the department written notice of any	125010
changes to information included in a written notice of a change of	125011
operator that occur after that notice is provided to the	125012
department. The notice of the changes shall be provided to the	125013
department in accordance with the method specified in rules	125014
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125015
Revised Code.	125016

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	125017
~~services~~medicaid may enter into a provider agreement with an	125018
entering operator that goes into effect at 12:01 a.m. on the	125019
effective date of the change of operator if all of the following	125020
requirements are met:	125021

(A) The department receives a properly completed written	125022
notice required by section ~~5111.67~~5165.51 of the Revised Code on	125023
or before the date required by that section.	125024

(B) The department receives both of the following in	125025
accordance with the method specified in rules ~~adopted under~~	125026
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	125027
later than ten days after the effective date of the change of	125028
operator:	125029

(1) From the entering operator, a completed application for a	125030
provider agreement and all other forms and documents specified in	125031
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125032
Revised Code;	125033

(2) From the exiting operator or owner, all forms and	125034
documents specified in rules ~~adopted under~~authorized by section	125035
~~5111.689~~5165.53 of the Revised Code.	125036

(C) The entering operator is eligible for medicaid payments	125037
as provided in section ~~5111.21~~5165.06 of the Revised Code.	125038

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	125039
~~services~~medicaid may enter into a provider agreement with an	125040
entering operator that goes into effect at 12:01 a.m. on the date	125041
determined under division (B) of this section if all of the	125042
following are the case:	125043

(1) The department receives a properly completed written	125044
notice required by section ~~5111.67~~5165.51 of the Revised Code.	125045

(2) The department receives, from the entering operator and	125046
in accordance with the method specified in rules ~~adopted under~~	125047
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	125048
completed application for a provider agreement and all other forms	125049
and documents specified in rules adopted under that section.	125050

(3) The department receives, from the exiting operator or	125051
owner and in accordance with the method specified in rules ~~adopted~~	125052
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	125053
all forms and documents specified in rules adopted under that	125054
section.	125055

(4) One or more of the following apply:

125056

(a) The requirement of division (A)(1) of this section is met	125057
after the time required by section ~~5111.67~~5165.51 of the Revised	125058
Code;	125059

(b) The requirement of division (A)(2) of this section is met	125060
more than ten days after the effective date of the change of	125061
operator;	125062

(c) The requirement of division (A)(3) of this section is met	125063
more than ten days after the effective date of the change of	125064
operator.	125065

(5) The entering operator is eligible for medicaid payments	125066
as provided in section ~~5111.21~~5165.06 of the Revised Code.	125067

(B) The department shall determine the date a provider	125068
agreement entered into under this section is to go into effect as	125069
follows:	125070

(1) The effective date shall give the department sufficient	125071
time to process the change of operator, assure no duplicate	125072
payments are made, and make the withholding required by section	125073
~~5111.681~~5165.521 of the Revised Code.	125074

(2) The effective date shall be not earlier than the latest	125075
of the following:	125076

(a) The effective date of the change of operator;

125077

(b) The date that the entering operator complies with section	125078
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	125079
section;	125080

(c) The date that the exiting operator or owner complies with	125081
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	125082
this section.	125083

(3) The effective date shall be not later than the following	125084
after the later of the dates specified in division (B)(2) of this	125085
section:	125086

(a) Forty-five days if the change of operator does not entail	125087
the relocation of residents;	125088

(b) Ninety days if the change of operator entails the	125089
relocation of residents.	125090

~~Sec. 5111.673.~~ Sec. 5165.513. (A) A provider that enters into a	125091
provider agreement with the department of ~~job and family services~~	125092
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	125093
the Revised Code shall do all of the following:	125094

~~(A)~~(1) Comply with all applicable federal statutes and	125095
regulations;	125096

~~(B)~~(2) Comply with section ~~5111.22~~5165.07 of the Revised	125097
Code and all other applicable state statutes and rules;	125098

~~(C) Comply~~(3) Subject to division (B) of this section,	125099
comply with all the terms and conditions of the exiting operator's	125100
provider agreement, including, but not limited to, all of the	125101
following:	125102

~~(1)~~(a) Any plan of correction;

125103

~~(2)~~(b) Compliance with health and safety standards;

125104

~~(3)~~(c) Compliance with the ownership and financial interest	125105
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	125106

~~(4)~~(d) Compliance with the civil rights requirements of 45	125107
C.F.R. parts 80, 84, and 90;	125108

~~(5)~~(e) Compliance with additional requirements imposed by the	125109
department;	125110

~~(6)~~(f) Any sanctions relating to remedies for violation of	125111
the provider agreement, including deficiencies, compliance	125112
periods, accountability periods, monetary penalties, notification	125113
for correction of contract violations, and history of	125114
deficiencies.	125115

(B) Division (A)(3) of this section does not prohibit a	125116
nursing facility provider from excluding one or more parts of the	125117
nursing facility from the provider agreement pursuant to division	125118
(B)(1) of section 5165.08 of the Revised Code.	125119

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	125120
the exiting operator shall be considered to be the operator of the	125121
nursing facility ~~or intermediate care facility for the mentally~~	125122
~~retarded~~ for purposes of the medicaid program, including medicaid	125123
payments, until the effective date of the entering operator's	125124
provider agreement if the provider agreement is entered into under	125125
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	125126
Code.	125127

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	125128
~~services~~medicaid may enter into a provider agreement as provided	125129
in section ~~5111.22~~5165.07 of the Revised Code, rather than	125130
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	125131
Code, with an entering operator if the entering operator does not	125132
agree to a provider agreement that satisfies the requirements of	125133
division ~~(C)~~(A)(3) of section ~~5111.673~~5165.513 of the Revised	125134
Code. The department may not enter into the provider agreement	125135
unless the department of health certifies the nursing facility or	125136
~~intermediate care facility for the mentally retarded under Title~~	125137
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	125138
~~1396, as amended~~for participation in medicaid. The effective date	125139
of the provider agreement shall not precede any of the following:	125140

(A) The date that the department of health certifies the	125141
nursing facility;	125142

(B) The effective date of the change of operator;

125143

(C) The date the requirement of section ~~5111.67~~5165.51 of	125144
the Revised Code is satisfied.	125145

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	125146
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	125147
under section 5165.02 of the Revised Code governing adjustments	125148
to the medicaid ~~reimbursement~~payment rate for a nursing facility	125149
~~or intermediate care facility for the mentally retarded~~ that	125150
undergoes a change of operator. No rate adjustment resulting from	125151
a change of operator shall be effective before the effective date	125152
of the entering operator's provider agreement. This is the case	125153
regardless of whether the provider agreement is entered into under	125154
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	125155
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	125156
Revised Code.	125157

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	125158
department of health's determination that a change of operator has	125159
or has not occurred for purposes of licensure under Chapter 3721.	125160
of the Revised Code shall not affect the department of ~~job and~~	125161
~~family services'~~medicaid's determination of whether or when a	125162
change of operator occurs or the effective date of an entering	125163
operator's provider agreement under section ~~5111.671~~5165.511,	125164
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	125165
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	125166

~~(A) The department of health's determination that a change of~~	125167
~~operator has or has not occurred for purposes of licensure under~~	125168
~~Chapter 3721. of the Revised Code;~~	125169

~~(B) The department of developmental disabilities'~~	125170
~~determination that a change of operator has or has not occurred~~	125171
~~for purposes of licensure under section 5123.19 of the Revised~~	125172
~~Code~~.	125173

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	125174
under section ~~5111.66~~5165.50 of the Revised Code of a facility	125175
closure~~, voluntary termination,~~ or voluntary withdrawal of	125176
participation, on receipt of a written notice under section	125177
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	125178
the effective date of an involuntary termination, the department	125179
of ~~job and family services~~medicaid shall estimate the amount of	125180
any overpayments made under the medicaid program to the exiting	125181
operator, including overpayments the exiting operator disputes,	125182
and other actual and potential debts the exiting operator owes or	125183
may owe to the department and United States centers for medicare	125184
and medicaid services under the medicaid program, including a	125185
franchise permit fee.	125186

(B) In estimating the exiting operator's other actual and	125187
potential debts to the department and the United States centers	125188
for medicare and medicaid services under the medicaid program, the	125189
department shall use a debt estimation methodology the medicaid	125190
director ~~of job and family services~~ shall establish in rules	125191
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125192
Revised Code. The methodology shall provide for estimating all of	125193
the following that the department determines are applicable:	125194

(1) Refunds due the department under section ~~5111.27~~5165.41	125195
of the Revised Code;	125196

(2) Interest owed to the department and United States centers	125197
for medicare and medicaid services;	125198

(3) Final civil monetary and other penalties for which all	125199
right of appeal has been exhausted;	125200

(4) Money owed the department and United States centers for	125201
medicare and medicaid services from any outstanding final fiscal	125202
audit, including a final fiscal audit for the last fiscal year or	125203
portion thereof in which the exiting operator participated in the	125204
medicaid program;	125205

(5) Other amounts the department determines are applicable.

125206

(C) The department shall provide the exiting operator written	125207
notice of the department's estimate under division (A) of this	125208
section not later than thirty days after the department receives	125209
the notice under section ~~5111.66~~5165.50 of the Revised Code of	125210
the facility closure~~, voluntary termination,~~ or voluntary	125211
withdrawal of participation; the department receives the notice	125212
under section ~~5111.67~~5165.51 of the Revised Code of the change	125213
of operator; or the effective date of the involuntary termination.	125214
The department's written notice shall include the basis for the	125215
estimate.	125216

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	125217
(B), (C), and (D) of this section, the department of ~~job and~~	125218
~~family services~~medicaid may withhold from payment due an exiting	125219
operator under the medicaid program the total amount specified in	125220
the notice provided under division (C) of section ~~5111.68~~5165.52	125221
of the Revised Code that the exiting operator owes or may owe to	125222
the department and United States centers for medicare and medicaid	125223
services under the medicaid program.	125224

(B) In the case of a change of operator and subject to	125225
division (E) of this section, the following shall apply regarding	125226
a withholding under division (A) of this section if the exiting	125227
operator or entering operator or an affiliated operator executes a	125228
successor liability agreement meeting the requirements of division	125229
(F) of this section:	125230

(1) If the exiting operator, entering operator, or affiliated	125231
operator assumes liability for the total, actual amount of debt	125232
the exiting operator owes the department and the United States	125233
centers for medicare and medicaid services under the medicaid	125234
program as determined under section ~~5111.685~~5165.525 of the	125235
Revised Code, the department shall not make the withholding.	125236

(2) If the exiting operator, entering operator, or affiliated	125237
operator assumes liability for only the portion of the amount	125238
specified in division (B)(1) of this section that represents the	125239
franchise permit fee the exiting operator owes, the department	125240
shall withhold not more than the difference between the total	125241
amount specified in the notice provided under division (C) of	125242
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125243
which the exiting operator, entering operator, or affiliated	125244
operator assumes liability.	125245

(C) In the case of a ~~voluntary termination,~~ voluntary	125246
withdrawal of participation, or facility closure and subject to	125247
division (E) of this section, the following shall apply regarding	125248
a withholding under division (A) of this section if the exiting	125249
operator or an affiliated operator executes a successor liability	125250
agreement meeting the requirements of division (F) of this	125251
section:	125252

(1) If the exiting operator or affiliated operator assumes	125253
liability for the total, actual amount of debt the exiting	125254
operator owes the department and the United States centers for	125255
medicare and medicaid services under the medicaid program as	125256
determined under section ~~5111.685~~5165.525 of the Revised Code,	125257
the department shall not make the withholding.	125258

(2) If the exiting operator or affiliated operator assumes	125259
liability for only the portion of the amount specified in division	125260
(C)(1) of this section that represents the franchise permit fee	125261
the exiting operator owes, the department shall withhold not more	125262
than the difference between the total amount specified in the	125263
notice provided under division (C) of section ~~5111.68~~5165.52 of	125264
the Revised Code and the amount for which the exiting operator or	125265
affiliated operator assumes liability.	125266

(D) In the case of an involuntary termination and subject to	125267
division (E) of this section, the following shall apply regarding	125268
a withholding under division (A) of this section if the exiting	125269
operator, the entering operator, or an affiliated operator	125270
executes a successor liability agreement meeting the requirements	125271
of division (F) of this section and the department approves the	125272
successor liability agreement:	125273

(1) If the exiting operator, entering operator, or affiliated	125274
operator assumes liability for the total, actual amount of debt	125275
the exiting operator owes the department and the United States	125276
centers for medicare and medicaid services under the medicaid	125277
program as determined under section ~~5111.685~~5165.525 of the	125278
Revised Code, the department shall not make the withholding.	125279

(2) If the exiting operator, entering operator, or affiliated	125280
operator assumes liability for only the portion of the amount	125281
specified in division (D)(1) of this section that represents the	125282
franchise permit fee the exiting operator owes, the department	125283
shall withhold not more than the difference between the total	125284
amount specified in the notice provided under division (C) of	125285
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125286
which the exiting operator, entering operator, or affiliated	125287
operator assumes liability.	125288

(E) For an exiting operator or affiliated operator to be	125289
eligible to enter into a successor liability agreement under	125290
division (B), (C), or (D) of this section, both of the following	125291
must apply:	125292

(1) The exiting operator or affiliated operator must have one	125293
or more valid provider agreements, other than the provider	125294
agreement for the nursing facility ~~or intermediate care facility~~	125295
~~for the mentally retarded~~ that is the subject of the involuntary	125296
termination, ~~voluntary termination,~~ voluntary withdrawal of	125297
participation, facility closure, or change of operator;	125298

(2) During the twelve-month period preceding either the	125299
effective date of the involuntary termination or the month in	125300
which the department receives the notice of the ~~voluntary~~	125301
~~termination,~~ voluntary withdrawal of participation, or facility	125302
closure under section ~~5111.66~~5165.50 of the Revised Code or the	125303
notice of the change of operator under section ~~5111.67~~5165.51 of	125304
the Revised Code, the average monthly medicaid payment made to the	125305
exiting operator or affiliated operator pursuant to the exiting	125306
operator's or affiliated operator's one or more provider	125307
agreements, other than the provider agreement for the nursing	125308
facility ~~or intermediate care facility for the mentally retarded~~	125309
that is the subject of the involuntary termination, ~~voluntary~~	125310
~~termination,~~ voluntary withdrawal of participation, facility	125311
closure, or change of operator, must equal at least ninety per	125312
cent of the sum of the following:	125313

(a) The average monthly medicaid payment made to the exiting	125314
operator pursuant to the exiting operator's provider agreement for	125315
the nursing facility ~~or intermediate care facility for the~~	125316
~~mentally retarded~~ that is the subject of the involuntary	125317
termination, ~~voluntary termination,~~ voluntary withdrawal of	125318
participation, facility closure, or change of operator;	125319

(b) Whichever of the following apply:

125320

(i) If the exiting operator or affiliated operator has	125321
assumed liability under one or more other successor liability	125322
agreements, the total amount for which the exiting operator or	125323
affiliated operator has assumed liability under the other	125324
successor liability agreements;	125325

(ii) If the exiting operator or affiliated operator has not	125326
assumed liability under any other successor liability agreements,	125327
zero.	125328

(F) A successor liability agreement executed under this	125329
section must comply with all of the following:	125330

(1) It must provide for the operator who executes the	125331
successor liability agreement to assume liability for either of	125332
the following as specified in the agreement:	125333

(a) The total, actual amount of debt the exiting operator	125334
owes the department and the United States centers for medicare and	125335
medicaid services under the medicaid program as determined under	125336
section ~~5111.685~~5165.525 of the Revised Code;	125337

(b) The portion of the amount specified in division (F)(1)(a)	125338
of this section that represents the franchise permit fee the	125339
exiting operator owes.	125340

(2) It may not require the operator who executes the	125341
successor liability agreement to furnish a surety bond.	125342

(3) It must provide that the department, after determining	125343
under section ~~5111.685~~5165.525 of the Revised Code the actual	125344
amount of debt the exiting operator owes the department and United	125345
States centers for medicare and medicaid services under the	125346
medicaid program, may deduct the lesser of the following from	125347
medicaid payments made to the operator who executes the successor	125348
liability agreement:	125349

(a) The total, actual amount of debt the exiting operator	125350
owes the department and the United States centers for medicare and	125351
medicaid services under the medicaid program as determined under	125352
section ~~5111.685~~5165.525 of the Revised Code;	125353

(b) The amount for which the operator who executes the	125354
successor liability agreement assumes liability under the	125355
agreement.	125356

(4) It must provide that the deductions authorized by	125357
division (F)(3) of this section are to be made for a number of	125358
months, not to exceed six, agreed to by the operator who executes	125359
the successor liability agreement and the department or, if the	125360
operator who executes the successor liability agreement and	125361
department cannot agree on a number of months that is less than	125362
six, a greater number of months determined by the attorney general	125363
pursuant to a claims collection process authorized by statute of	125364
this state.	125365

(5) It must provide that, if the attorney general determines	125366
the number of months for which the deductions authorized by	125367
division (F)(3) of this section are to be made, the operator who	125368
executes the successor liability agreement shall pay, in addition	125369
to the amount collected pursuant to the attorney general's claims	125370
collection process, the part of the amount so collected that, if	125371
not for division (H) of this section, would be required by section	125372
109.081 of the Revised Code to be paid into the attorney general	125373
claims fund.	125374

(G) Execution of a successor liability agreement does not	125375
waive an exiting operator's right to contest the amount specified	125376
in the notice the department provides the exiting operator under	125377
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	125378

(H) Notwithstanding section 109.081 of the Revised Code, the	125379
entire amount that the attorney general, whether by employees or	125380
agents of the attorney general or by special counsel appointed	125381
pursuant to section 109.08 of the Revised Code, collects under a	125382
successor liability agreement, other than the additional amount	125383
the operator who executes the agreement is required by division	125384
(F)(5) of this section to pay, shall be paid to the department of	125385
~~job and family services~~medicaid for deposit into the appropriate	125386
fund. The additional amount that the operator is required to pay	125387
shall be paid into the state treasury to the credit of the	125388
attorney general claims fund created under section 109.081 of the	125389
Revised Code.	125390

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	125391
(B) of this section, an exiting operator shall file with the	125392
department of ~~job and family services~~medicaid a cost report not	125393
later than ninety days after the last day the exiting operator's	125394
provider agreement is in effect or, in the case of a voluntary	125395
withdrawal of participation, the effective date of the voluntary	125396
withdrawal of participation. The cost report shall cover the	125397
period that begins with the day after the last day covered by the	125398
operator's most recent previous cost report required by section	125399
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	125400
exiting operator's provider agreement is in effect or, in the case	125401
of a voluntary withdrawal of participation, the effective date of	125402
the voluntary withdrawal of participation. The cost report shall	125403
include, as applicable, all of the following:	125404

(1) The sale price of the nursing facility ~~or intermediate~~	125405
~~care facility for the mentally retarded~~;	125406

(2) A final depreciation schedule that shows which assets are	125407
transferred to the buyer and which assets are not transferred to	125408
the buyer;	125409

(3) Any other information the department requires.

125410

(B) The department, at its sole discretion, may waive the	125411
requirement that an exiting operator file a cost report in	125412
accordance with division (A) of this section.	125413

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	125414
section ~~5111.682~~5165.522 of the Revised Code to file a cost	125415
report with the department of ~~job and family services~~medicaid	125416
fails to file the cost report in accordance with that section, all	125417
payments under the medicaid program for the period the cost report	125418
is required to cover are deemed overpayments until the date the	125419
department receives the properly completed cost report. The	125420
department may impose on the exiting operator a penalty of one	125421
hundred dollars for each calendar day the properly completed cost	125422
report is late.	125423

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	125424
~~services~~medicaid may not provide an exiting operator final	125425
payment under the medicaid program until the department receives	125426
all properly completed cost reports the exiting operator is	125427
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	125428
5165.522 of the Revised Code.	125429

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	125430
~~services~~medicaid shall determine the actual amount of debt an	125431
exiting operator owes the department and the United States centers	125432
for medicare and medicaid services under the medicaid program by	125433
completing all final fiscal audits not already completed and	125434
performing all other appropriate actions the department determines	125435
to be necessary. The department shall issue an initial debt	125436
summary report on this matter not later than sixty days after the	125437
date the exiting operator files the properly completed cost report	125438
required by section ~~5111.682~~5165.522 of the Revised Code with the	125439
department or, if the department waives the cost report	125440
requirement for the exiting operator, sixty days after the date	125441
the department waives the cost report requirement. The initial	125442
debt summary report becomes the final debt summary report	125443
thirty-one days after the department issues the initial debt	125444
summary report unless the exiting operator, or an affiliated	125445
operator who executes a successor liability agreement under	125446
section ~~5111.681~~5165.521 of the Revised Code, requests a review	125447
before that date.	125448

The exiting operator, and an affiliated operator who executes	125449
a successor liability agreement under section ~~5111.681~~5165.521 of	125450
the Revised Code, may request a review to contest any of the	125451
department's findings included in the initial debt summary report.	125452
The request for the review must be submitted to the department not	125453
later than thirty days after the date the department issues the	125454
initial debt summary report. The department shall conduct the	125455
review on receipt of a timely request and issue a revised debt	125456
summary report. If the department has withheld money from payment	125457
due the exiting operator under division (A) of section ~~5111.681~~	125458
5165.521 of the Revised Code, the department shall issue the	125459
revised debt summary report not later than ninety days after the	125460
date the department receives the timely request for the review	125461
unless the department and exiting operator or affiliated operator	125462
agree to a later date. The exiting operator or affiliated operator	125463
may submit information to the department explaining what the	125464
operator contests before and during the review, including	125465
documentation of the amount of any debt the department owes the	125466
operator. The exiting operator or affiliated operator may submit	125467
additional information to the department not later than thirty	125468
days after the department issues the revised debt summary report.	125469
The revised debt summary report becomes the final debt summary	125470
report thirty-one days after the department issues the revised	125471
debt summary report unless the exiting operator or affiliated	125472
operator timely submits additional information to the department.	125473
If the exiting operator or affiliated operator timely submits	125474
additional information to the department, the department shall	125475
consider the additional information and issue a final debt summary	125476
report not later than sixty days after the department issues the	125477
revised debt summary report unless the department and exiting	125478
operator or affiliated operator agree to a later date.	125479

Each debt summary report the department issues under this	125480
section shall include the department's findings and the amount of	125481
debt the department determines the exiting operator owes the	125482
department and United States centers for medicare and medicaid	125483
services under the medicaid program. The department shall explain	125484
its findings and determination in each debt summary report.	125485

The exiting operator, and an affiliated operator who executes	125486
a successor liability agreement under section ~~5111.681~~5165.521 of	125487
the Revised Code, may request, in accordance with Chapter 119. of	125488
the Revised Code, an adjudication regarding a finding in a final	125489
debt summary report that pertains to an audit or alleged	125490
overpayment made under the medicaid program to the exiting	125491
operator. The adjudication shall be consolidated with any other	125492
uncompleted adjudication that concerns a matter addressed in the	125493
final debt summary report.	125494

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	125495
~~services~~medicaid shall release the actual amount withheld under	125496
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	125497
less any amount the exiting operator owes the department and	125498
United States centers for medicare and medicaid services under the	125499
medicaid program, as follows:	125500

(A) Unless the department issues the initial debt summary	125501
report required by section ~~5111.685~~5165.525 of the Revised Code	125502
not later than sixty days after the date the exiting operator	125503
files the properly completed cost report required by section	125504
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	125505
date the exiting operator files the properly completed cost	125506
report;	125507

(B) If the department issues the initial debt summary report	125508
required by section ~~5111.685~~5165.525 of the Revised Code not	125509
later than sixty days after the date the exiting operator files a	125510
properly completed cost report required by section ~~5111.682~~	125511
5165.522 of the Revised Code, not later than the following:	125512

(1) Thirty days after the deadline for requesting an	125513
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125514
regarding the final debt summary report if the exiting operator,	125515
and an affiliated operator who executes a successor liability	125516
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125517
fail to request the adjudication on or before the deadline;	125518

(2) Thirty days after the completion of an adjudication of	125519
the final debt summary report if the exiting operator, or an	125520
affiliated operator who executes a successor liability agreement	125521
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125522
adjudication on or before the deadline for requesting the	125523
adjudication.	125524

(C) Unless the department issues the initial debt summary	125525
report required by section ~~5111.685~~5165.525 of the Revised Code	125526
not later than sixty days after the date the department waives the	125527
cost report requirement of section ~~5111.682~~5165.522 of the	125528
Revised Code, sixty-one days after the date the department waives	125529
the cost report requirement;	125530

(D) If the department issues the initial debt summary report	125531
required by section ~~5111.685~~5165.525 of the Revised Code not	125532
later than sixty days after the date the department waives the	125533
cost report requirement of section ~~5111.682~~5165.522 of the	125534
Revised Code, not later than the following:	125535

(1) Thirty days after the deadline for requesting an	125536
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125537
regarding the final debt summary report if the exiting operator,	125538
and an affiliated operator who executes a successor liability	125539
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125540
fail to request the adjudication on or before the deadline;	125541

(2) Thirty days after the completion of an adjudication of	125542
the final debt summary report if the exiting operator, or an	125543
affiliated operator who executes a successor liability agreement	125544
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125545
adjudication on or before the deadline for requesting the	125546
adjudication.	125547

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	125548
~~services~~medicaid, at its sole discretion, may release the amount	125549
withheld under division (A) of section ~~5111.681~~5165.521 of the	125550
Revised Code if the exiting operator submits to the department	125551
written notice of a postponement of a change of operator, facility	125552
closure, ~~voluntary termination,~~ or voluntary withdrawal of	125553
participation and the transactions leading to the change of	125554
operator, facility closure, ~~voluntary termination,~~ or voluntary	125555
withdrawal of participation are postponed for at least thirty days	125556
but less than ninety days after the date originally proposed for	125557
the change of operator, facility closure, ~~voluntary termination,~~	125558
or voluntary withdrawal of participation as reported in the	125559
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125560
5165.51 of the Revised Code. The department shall release the	125561
amount withheld if the exiting operator submits to the department	125562
written notice of a cancellation or postponement of a change of	125563
operator, facility closure, ~~voluntary termination,~~ or voluntary	125564
withdrawal of participation and the transactions leading to the	125565
change of operator, facility closure, ~~voluntary termination,~~ or	125566
voluntary withdrawal of participation are canceled or postponed	125567
for more than ninety days after the date originally proposed for	125568
the change of operator, facility closure, ~~voluntary termination,~~	125569
or voluntary withdrawal of participation as reported in the	125570
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125571
5165.51 of the Revised Code. A written notice shall be provided to	125572
the department in accordance with the method specified in rules	125573
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125574
Revised Code.	125575

After the department receives a written notice regarding a	125576
cancellation or postponement of a facility closure~~, voluntary~~	125577
~~termination,~~ or voluntary withdrawal of participation, the exiting	125578
operator or owner shall provide new written notice to the	125579
department under section ~~5111.66~~5165.50 of the Revised Code	125580
regarding any transactions leading to a facility closure,	125581
~~voluntary termination,~~ or voluntary withdrawal of participation at	125582
a future time. After the department receives a written notice	125583
regarding a cancellation or postponement of a change of operator,	125584
the exiting operator or owner and entering operator shall provide	125585
new written notice to the department under section ~~5111.67~~5165.51	125586
of the Revised Code regarding any transactions leading to a change	125587
of operator at a future time.	125588

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	125589
section ~~5111.681~~5165.521 of the Revised Code from payment due an	125590
exiting operator under the medicaid program shall be deposited	125591
into the medicaid payment withholding fund created by the	125592
controlling board pursuant to section 131.35 of the Revised Code.	125593
Money in the fund shall be used as follows:	125594

(1) To pay an exiting operator when a withholding is released	125595
to the exiting operator under section ~~5111.686~~5165.526 or	125596
~~5111.687~~5165.527 of the Revised Code;	125597

(2) To pay the department of ~~job and family services~~medicaid	125598
and United States centers for medicare and medicaid services the	125599
amount an exiting operator owes the department and United States	125600
centers under the medicaid program.	125601

(B) Amounts paid from the medicaid payment withholding fund	125602
pursuant to division (A)(2) of this section shall be deposited	125603
into the appropriate department fund.	125604

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	125605
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	125606
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	125607
5165.53 of the Revised Code, including rules applicable to an	125608
exiting operator that provides written notification under section	125609
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	125610
participation. Rules adopted under this section shall comply with	125611
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	125612
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	125613
restrictions on transfers or discharges of nursing facility	125614
residents in the case of a voluntary withdrawal of participation.	125615
The rules may prescribe a medicaid ~~reimbursement~~payment	125616
methodology and other procedures that are applicable after the	125617
effective date of a voluntary withdrawal of participation that	125618
differ from the ~~reimbursement~~payment methodology and other	125619
procedures that would otherwise apply. The rules shall specify all	125620
of the following:	125621

(A) The method by which written notices to the department	125622
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	125623
Revised Code are to be provided;	125624

(B) The forms and documents that are to be provided to the	125625
department of medicaid under sections ~~5111.671~~5165.511 and	125626
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	125627
case of such forms and documents provided by entering operators,	125628
all the fully executed leases, management agreements, merger	125629
agreements and supporting documents, and fully executed sales	125630
contracts and any other supporting documents culminating in the	125631
change of operator;	125632

(C) The method by which the forms and documents identified in	125633
division (B) of this section are to be provided to the department.	125634

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	125635
rights" means the rights of a nursing facility resident under	125636
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	125637
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	125638
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	125639
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	125640
under those ~~subsections~~sections of the "Social Security Act."	125641

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	125642
Revised Code:	125643

(A) "Certification requirements" means the requirements for	125644
nursing facilities established under ~~sections 1819 and 1919 of~~ the	125645
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	125646
and 1396r.	125647

(B) "Compliance" means substantially meeting all applicable	125648
certification requirements.	125649

(C) "Contracting agency" means a state agency that has	125650
entered into a contract with the department of ~~job and family~~	125651
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	125652
Code.	125653

(D)(1) "Deficiency" means a finding cited by the department	125654
of health during a survey, on the basis of one or more actions,	125655
practices, situations, or incidents occurring at a nursing	125656
facility, that constitutes a severity level three finding,	125657
severity level four finding, scope level three finding, or scope	125658
level four finding. Whenever the finding is a repeat finding,	125659
"deficiency" also includes any finding that is a severity level	125660
two and scope level one finding, a severity level two and scope	125661
level two finding, or a severity level one and scope level two	125662
finding.	125663

(2) "Cluster of deficiencies" means deficiencies that result	125664
from noncompliance with two or more certification requirements and	125665
are causing or resulting from the same action, practice,	125666
situation, or incident.	125667

(E) "Emergency" means either of the following:

125668

(1) A deficiency or cluster of deficiencies that creates a	125669
condition of immediate jeopardy;	125670

(2) An unexpected situation or sudden occurrence of a serious	125671
or urgent nature that creates a substantial likelihood that one or	125672
more residents of a nursing facility may be seriously harmed if	125673
allowed to remain in the facility, including the following:	125674

(a) A flood or other natural disaster, civil disaster, or	125675
similar event;	125676

(b) A labor strike that suddenly causes the number of staff	125677
members in a nursing facility to be below that necessary for	125678
resident care.	125679

(F) "Finding" means a finding of noncompliance with	125680
certification requirements determined by the department of health	125681
under section ~~5111.41~~5165.66 of the Revised Code.	125682

(G) "Immediate jeopardy" means that one or more residents of	125683
a nursing facility are in imminent danger of serious physical or	125684
life-threatening harm.	125685

(H) "Medicaid eligible resident" means a person who is a	125686
resident of a nursing facility, or is applying for admission to a	125687
nursing facility, and is eligible ~~to receive financial assistance~~	125688
for nursing facility services under the ~~medical assistance~~	125689
medicaid program ~~for the care the person receives in such a~~	125690
~~facility~~.	125691

(I) "Noncompliance" means failure to substantially meet all	125692
applicable certification requirements.	125693

(J) "Nursing facility" ~~has the same meaning as in section~~	125694
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	125695
the extent the context requires.	125696

(K) ~~"Provider" means a person, institution, or entity that~~	125697
~~furnishes nursing facility services under a medical assistance~~	125698
~~program provider agreement.~~	125699

~~(L) "Provider agreement" means a contract between the~~	125700
~~department of job and family services and a provider for the~~	125701
~~provision of nursing facility services under the medicaid program.~~	125702

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	125703
or deficiency cited pursuant to a survey, to which both of the	125704
following apply:	125705

(1) The finding or deficiency involves noncompliance with the	125706
same certification requirement, and the same kind of actions,	125707
practices, situations, or incidents caused by or resulting from	125708
the noncompliance, as were cited in the immediately preceding	125709
standard survey or another survey conducted subsequent to the	125710
immediately preceding standard survey of the facility. For	125711
purposes of this division, actions, practices, situations, or	125712
incidents may be of the same kind even though they involve	125713
different residents, staff, or parts of the facility.	125714

(2) The finding or deficiency is cited subsequent to a	125715
determination by the department of health that the finding or	125716
deficiency cited on the immediately preceding standard survey, or	125717
another survey conducted subsequent to the immediately preceding	125718
standard survey, had been corrected.	125719

~~(N)~~(L)(1) "Scope level one finding" means a finding of	125720
noncompliance by a nursing facility in which the actions,	125721
situations, practices, or incidents causing or resulting from the	125722
noncompliance affect one or a very limited number of facility	125723
residents and involve one or a very limited number of facility	125724
staff members.	125725

(2) "Scope level two finding" means a finding of	125726
noncompliance by a nursing facility in which the actions,	125727
situations, practices, or incidents causing or resulting from the	125728
noncompliance affect more than a limited number of facility	125729
residents or involve more than a limited number of facility staff	125730
members, but the number or percentage of facility residents	125731
affected or staff members involved and the number or frequency of	125732
the actions, situations, practices, or incidents in short	125733
succession does not establish any reasonable degree of	125734
predictability of similar actions, situations, practices, or	125735
incidents occurring in the future.	125736

(3) "Scope level three finding" means a finding of	125737
noncompliance by a nursing facility in which the actions,	125738
situations, practices, or incidents causing or resulting from the	125739
noncompliance affect more than a limited number of facility	125740
residents or involve more than a limited number of facility staff	125741
members, and the number or percentage of facility residents	125742
affected or staff members involved or the number or frequency of	125743
the actions, situations, practices, or incidents in short	125744
succession establishes a reasonable degree of predictability of	125745
similar actions, situations, practices, or incidents occurring in	125746
the future.	125747

(4) "Scope level four finding" means a finding of	125748
noncompliance by a nursing facility causing or resulting from	125749
actions, situations, practices, or incidents that involve a	125750
sufficient number or percentage of facility residents or staff	125751
members or occur with sufficient regularity over time that the	125752
noncompliance can be considered systemic or pervasive in the	125753
facility.	125754

~~(O)~~(M)(1) "Severity level one finding" means a finding of	125755
noncompliance by a nursing facility that has not caused and, if	125756
continued, is unlikely to cause physical harm to a facility	125757
resident, mental or emotional harm to a resident, or a violation	125758
of a resident's rights that results in physical, mental, or	125759
emotional harm to the resident.	125760

(2) "Severity level two finding" means a finding of	125761
noncompliance by a nursing facility that, if continued over time,	125762
will cause, or is likely to cause, physical harm to a facility	125763
resident, mental or emotional harm to a resident, or a violation	125764
of a resident's rights that results in physical, mental, or	125765
emotional harm to the resident.	125766

(3) "Severity level three finding" means a finding of	125767
noncompliance by a nursing facility that has caused physical harm	125768
to a facility resident, mental or emotional harm to a resident, or	125769
a violation of a resident's rights that results in physical,	125770
mental, or emotional harm to the resident.	125771

(4) "Severity level four finding" means a finding of	125772
noncompliance by a nursing facility that has caused	125773
life-threatening harm to a facility resident or caused a	125774
resident's death.	125775

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	125776
of the Revised Code.	125777

~~(Q)~~(O) "Substandard care" means care furnished in a facility	125778
in which the department of health has cited a deficiency or	125779
deficiencies that constitute one of the following:	125780

(1) A severity level four finding, regardless of scope;

125781

(2) A severity level three and scope level four finding, in	125782
the quality of care provided to residents;	125783

(3) A severity level three and scope level three finding, in	125784
the quality of care provided to residents.	125785

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	125786
conducted under section ~~5111.39~~5165.64 of the Revised Code.	125787

(2) "Standard survey" means a survey conducted by the	125788
department of health under division (A) of section ~~5111.39~~5165.64	125789
of the Revised Code and includes an extended survey.	125790

(3) "Follow-up survey" means a survey conducted by the	125791
department of health to determine whether a nursing facility has	125792
substantially corrected deficiencies cited in a previous survey.	125793

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	125794
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	125795
of the Revised Code that are consistent with regulations,	125796
guidelines, and procedures issued by the United States secretary	125797
of health and human services under ~~sections 1819 and 1919 of~~ the	125798
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	125799
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	125800
administration and enforcement of sections ~~5111.35~~5165.60 to	125801
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	125802
issue appropriate regulations for enforcement of those sections	125803
~~1819 and 1919~~ of the "Social Security Act" on or before December	125804
13, 1990, the medicaid director ~~of job and family services~~ may	125805
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	125806
rules that are consistent with those sections and with sections	125807
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	125808

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	125809
~~services~~medicaid is hereby authorized to enforce sections	125810
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	125811
department may enforce the sections directly or through	125812
contracting agencies. The department and agencies shall enforce	125813
the sections in accordance with the requirements of ~~sections 1819~~	125814
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	125815
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	125816
1396r, that apply to nursing facilities; with regulations,	125817
guidelines, and procedures adopted by the United States secretary	125818
of health and human services for the enforcement of those sections	125819
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	125820
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	125821
Code. The department and agencies shall enforce sections ~~5111.35~~	125822
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	125823
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	125824
to the extent prescribed by the regulations, guidelines, and	125825
procedures issued by the secretary under ~~section 1819 of that act~~	125826
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	125827

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	125828
~~services~~medicaid may enter into contracts with other state	125829
agencies pursuant to section 5162.35 of the Revised Code that	125830
authorize the agencies to perform all or part of the duties	125831
assigned to the department of ~~job and family services~~medicaid	125832
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	125833
Code. Each contract shall specify the duties the agency is	125834
authorized to perform and the sections of the Revised Code under	125835
which the agency is authorized to perform those duties.	125836

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	125837
conduct a survey, titled a standard survey, of every nursing	125838
facility in this state on a statewide average of not more than	125839
once every twelve months. Each nursing facility shall undergo a	125840
standard survey at least once every fifteen months as a condition	125841
of meeting certification requirements. The department may extend a	125842
standard survey; such a survey is titled an extended survey.	125843

(B) The department may conduct surveys in addition to	125844
standard surveys when it considers them necessary.	125845

(C) The department shall conduct surveys in accordance with	125846
the regulations, guidelines, and procedures issued by the United	125847
States secretary of health and human services under ~~Titles~~Title	125848
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	125849
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	125850
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	125851
section 3721.022 of the Revised Code.	125852

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	125853
the department of health survey team shall conduct an exit	125854
interview with the administrator or other person in charge of the	125855
nursing facility and any other facility staff members designated	125856
by the administrator or person in charge of the facility. During	125857
the exit interview, at the request of the administrator or other	125858
person in charge of the facility, the survey team shall provide	125859
one of the following, as selected by the survey team:	125860

(1) Copies of all survey notes and any other written	125861
materials created during the survey;	125862

(2) A written summary of the survey team's recommendations	125863
regarding findings of noncompliance with certification	125864
requirements;	125865

(3) An audio or audiovisual recording of the interview. If	125866
the survey team selects this option, at least two copies of the	125867
recording shall be made and the survey team shall select one copy	125868
to be kept by the survey team for use by the department of health.	125869

(B) All expenses of copying under division (A)(1) of this	125870
section or recording under division (A)(3) of this section,	125871
including the cost of the copy of the recording kept by the survey	125872
team, shall be paid by the facility.	125873

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	125874
3721.17 of the Revised Code, a finding shall be cited only on the	125875
basis of a survey and a determination that one or more actions,	125876
practices, situations, or incidents at a nursing facility caused	125877
or resulted from the facility's failure to comply with one or more	125878
certification requirements. The department of health shall	125879
determine whether the actions, practices, situations, or incidents	125880
can be justified by either of the following:	125881

(1) The actions, practices, situations, or incidents resulted	125882
from a resident exercising the resident's rights guaranteed under	125883
the laws of the United States or of this state;	125884

(2) The actions, practices, situations, or incidents resulted	125885
from a facility following the orders of a person licensed under	125886
Chapter 4731. of the Revised Code to practice medicine or surgery	125887
or osteopathic medicine and surgery.	125888

(B) If the department of health determines both that the	125889
actions, practices, situations, or incidents cannot be justified	125890
by the factors identified in division (A) of this section and that	125891
one or more of the following are applicable, the department shall	125892
declare that the actions, practices, situations, or incidents	125893
constitute a finding:	125894

(1) The actions, practices, situations, or incidents could	125895
have been prevented by one or more persons involved in the	125896
facility's operation;	125897

(2) No person involved in the facility's operation identified	125898
the actions, practices, situations, or incidents prior to the	125899
survey;	125900

(3) Prior to the survey, no person involved in the facility's	125901
operation initiated action to correct the noncompliance caused by	125902
or resulting in the actions, practices, situations, or incidents;	125903

(4) The facility does not have in effect, if needed, a	125904
contingency plan that is reasonably calculated to prevent	125905
physical, mental, or emotional harm to residents while permanent	125906
corrective action is being taken.	125907

(C) The department of health shall determine the severity	125908
level and scope level of each finding.	125909

(D) A deficiency that is substantially corrected within the	125910
time limits specified in sections ~~5111.52~~5165.79 to	125911
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	125912
imposed, shall be counted as a deficiency for the purpose of	125913
determining whether a deficiency is a repeat deficiency.	125914

(E) Whenever the department of health determines that during	125915
the period between two surveys a finding existed at the facility,	125916
but the facility substantially corrected it prior to the second	125917
survey, the department shall cite it. However, the department of	125918
~~job and family services~~medicaid or a contracting agency shall	125919
impose a remedy only as provided in division (C) of section	125920
~~5111.46~~5165.72 of the Revised Code.	125921

(F) Immediately upon determining the severity and scope of a	125922
finding at a nursing facility, the department of health shall	125923
notify the department of ~~job and family services~~medicaid and any	125924
contracting agency of the finding, the severity and scope of the	125925
finding, and whether the finding creates immediate jeopardy.	125926
Immediately upon determining that an emergency exists at a	125927
facility that does not result from a deficiency that creates	125928
immediate jeopardy, the department of health shall notify the	125929
department of ~~job and family services~~medicaid and any contracting	125930
agency.	125931

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	125932
facility that is conducted under section ~~5111.39~~5165.64 of the	125933
Revised Code, including any statement of deficiencies and all	125934
findings and deficiencies cited in the statement on the basis of	125935
the survey, shall be used solely to determine the nursing	125936
facility's compliance with certification requirements or with this	125937
chapter or another chapter of the Revised Code. Those results of a	125938
survey, that statement of deficiencies, and the findings and	125939
deficiencies cited in that statement shall not be used in any	125940
court or in any action or proceeding that is pending in any court	125941
and are not admissible in evidence in any action or proceeding	125942
unless that action or proceeding is an appeal of an administrative	125943
action by the department of ~~job and family services~~medicaid or	125944
contracting agency under this chapter or is an action by any	125945
department or agency of the state to enforce this chapter or	125946
another chapter of the Revised Code.	125947

Nothing in this section prohibits the results of a survey, a	125948
statement of deficiencies, or the findings and deficiencies cited	125949
in that statement on the basis of the survey under this section	125950
from being used in a criminal investigation or prosecution.	125951

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	125952
exit interview, the department of health shall deliver to the	125953
nursing facility a detailed statement, titled a statement of	125954
deficiencies, setting forth all findings and deficiencies cited on	125955
the basis of the survey, including any finding cited pursuant to	125956
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	125957
statement shall indicate the severity and scope level of each	125958
finding and fully describe the incidents or other facts that form	125959
the basis of the department's determination of the existence of	125960
each finding and deficiency. A failure by the survey team to	125961
completely disclose in the exit interview every finding that may	125962
result from the survey does not affect the validity of any finding	125963
or deficiency cited in the statement of deficiencies. On request	125964
of the facility, the department shall provide a copy of any	125965
written worksheet or other document produced by the survey team in	125966
making recommendations regarding scope and severity levels of	125967
findings and deficiencies.	125968

(B) At the same time the department of health delivers a	125969
statement of deficiencies, it also shall deliver to the facility a	125970
separate written notice that states all of the following:	125971

(1) That the department of ~~job and family services~~medicaid	125972
or a contracting agency will issue an order under section ~~5111.57~~	125973
5165.84 of the Revised Code denying payment for any medicaid	125974
eligible residents admitted on and after the effective date of the	125975
order if the facility does not substantially correct, within	125976
ninety days after the exit interview, the deficiency or	125977
deficiencies cited in the statement of deficiencies in accordance	125978
with the plan of correction it submitted under section ~~5111.43~~	125979
5165.69 of the Revised Code;	125980

(2) If a condition of substandard care has been cited on the	125981
basis of a standard survey and a condition of substandard care was	125982
also cited on the immediately preceding standard survey, that the	125983
department of ~~job and family services~~medicaid or a contracting	125984
agency will issue an order under section ~~5111.57~~5165.84 of the	125985
Revised Code denying payment for any medicaid eligible residents	125986
admitted on and after the effective date of the order if a	125987
condition of substandard care is cited on the basis of the next	125988
standard survey;	125989

(3) That the department of ~~job and family services~~medicaid	125990
or a contracting agency will issue an order under section ~~5111.58~~	125991
5165.88 of the Revised Code terminating the facility's	125992
participation in the ~~medical assistance~~medicaid program if either	125993
of the following applies:	125994

(a) The facility does not substantially correct the	125995
deficiency or deficiencies in accordance with the plan of	125996
correction it submitted under section ~~5111.43~~5165.69 of the	125997
Revised Code within six months after the exit interview.	125998

(b) The facility substantially corrects the deficiency or	125999
deficiencies within the six-month period, but after correcting it,	126000
the department of health, based on a follow-up survey conducted	126001
during the remainder of the six-month period, determines that the	126002
facility has failed to maintain compliance with certification	126003
requirements.	126004

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	126005
receives a statement of deficiencies under section ~~5111.42~~5165.68	126006
of the Revised Code, the facility shall submit to the department	126007
of health for its approval a plan of correction for each finding	126008
cited in the statement. The plan shall ~~describe~~include all of the	126009
following:	126010

(1) Detailed descriptions of the actions the facility will	126011
take to correct each finding and specify the date by which each	126012
finding will be corrected~~. In~~;	126013

(2) In the case of a finding cited pursuant to division (E)	126014
of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	126015
~~describe~~a description of the actions the facility took to correct	126016
the finding and the date on which it was corrected;	126017

(3) Beginning one year after the effective date of the first	126018
federal regulation promulgated under the "Social Security Act,"	126019
section 1128l(c), 42 U.S.C. 1320a-7j(c), regarding the quality	126020
assurance and performance improvement program and in the case of a	126021
finding assigned a severity level indicating that a resident was	126022
harmed or immediate jeopardy exists, an explanation of how the	126023
actions described in the components of the plan required by	126024
divisions (A)(1) and (2) of this section are part of the	126025
facility's actions to meet the standards and implement the best	126026
practices established under the quality assurance and performance	126027
improvement program.	126028

(B)(1) The department shall approve any plan, and any	126029
modification of an existing plan a nursing facility submits to the	126030
department, that ~~conforms~~does both of the following:	126031

(a) Conforms to the requirements for approval of plans of	126032
corrections, and modifications, established in the regulations,	126033
guidelines, and procedures issued by the United States secretary	126034
of health and human services under ~~Titles~~Title XVIII and Title	126035
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	126036
~~301, as amended~~;	126037

(b) Includes all the information required by division (A) of	126038
this section. ~~The department also shall approve any modification~~	126039
~~of an existing plan submitted by a facility, if the plan as~~	126040
~~modified conforms to those regulations, guidelines, and~~	126041
~~procedures. The~~	126042

(2) The department shall not reject a facility's plan of	126043
correction or modification on the ground that the facility	126044
disputes the finding, if the plan or modification is reasonably	126045
calculated to correct the finding.	126046

(C) A facility that complies with this section shall not be	126047
considered to have admitted the existence of a finding cited by	126048
the department.	126049

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	126050
employees of the department to conduct on-site monitoring of a	126051
nursing facility whenever a finding is cited, including any	126052
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	126053
of the Revised Code, or an emergency is found to exist.	126054
Appointment of monitors under this section is not subject to	126055
appeal under section ~~5111.60~~5165.87 or any other section of the	126056
Revised Code. No employee of a facility for which monitors are	126057
appointed, no person employed by the facility within the previous	126058
two years, and no person who currently has a consulting or other	126059
contract with the department or the facility, shall be appointed	126060
as a monitor under this section. Every monitor appointed under	126061
this section shall have the professional qualifications necessary	126062
to monitor correction of the finding or elimination of the	126063
emergency.	126064

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	126065
a deficiency or deficiencies that was not substantially corrected	126066
before a survey and that does not constitute a severity level four	126067
finding or create immediate jeopardy, the department of ~~job and~~	126068
~~family services~~medicaid or a contracting agency shall permit the	126069
nursing facility to continue participating in the ~~medical~~	126070
~~assistance~~medicaid program for up to six months after the exit	126071
interview, if all of the following apply:	126072

(1) The facility meets the requirements, established in	126073
regulations issued by the United States secretary of health and	126074
human services under Title XIX ~~of the "Social Security Act," 49~~	126075
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	126076
of nursing facilities that have a deficiency.	126077

(2) The department of health has approved a plan of	126078
correction submitted by the facility under section ~~5111.43~~5165.69	126079
of the Revised Code for each deficiency.	126080

(3) The provider agrees to repay the department of ~~job and~~	126081
~~family services~~medicaid, in accordance with section ~~5111.58~~	126082
5165.85 of the Revised Code, the federal share of all payments	126083
made by the department to the facility during the six-month period	126084
following the exit interview if the facility does not within the	126085
six-month period substantially correct the deficiency or	126086
deficiencies in accordance with the plan of correction submitted	126087
under section ~~5111.43~~5165.69 of the Revised Code.	126088

(B) If any of the conditions in divisions (A)(1) to (3) of	126089
this section do not apply, the department of ~~job and family~~	126090
~~services~~medicaid or contracting agency shall issue an order	126091
terminating the facility's participation in the ~~medical assistance~~	126092
medicaid program. An order issued under this division is subject	126093
to appeal under Chapter 119. of the Revised Code. The order shall	126094
not take effect prior to the later of the thirtieth day after it	126095
is delivered to the facility or, if the order is appealed, the	126096
date on which a final adjudication order upholding the termination	126097
becomes effective pursuant to Chapter 119. of the Revised Code.	126098

(C) At the time the department of ~~job and family services~~	126099
medicaid or contracting agency issues an order under division (B)	126100
of this section terminating a nursing facility's participation in	126101
the ~~medical assistance~~medicaid program, it may also impose,	126102
subject to section ~~5111.50~~5165.76 of the Revised Code, other	126103
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	126104
Revised Code.	126105

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	126106
a deficiency, or cluster of deficiencies, that was not	126107
substantially corrected before a survey and constitutes a severity	126108
level four finding, the department of ~~job and family services~~	126109
medicaid or contracting agency shall, subject to sections ~~5111.52~~	126110
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	126111
for the deficiency or cluster of deficiencies. The department or	126112
agency may act under either division (A)(1) or (2) of this	126113
section:	126114

(1) The department or agency may impose one or more of the	126115
following remedies:	126116

(a) Issue an order terminating the nursing facility's	126117
participation in the ~~medical assistance~~medicaid program.	126118

(b) Do either of the following:

126119

(i) Regardless of whether the provider consents, appoint a	126120
temporary manager of the facility.	126121

(ii) Apply to the common pleas court of the county in which	126122
the facility is located for such injunctive or other equitable	126123
relief as is necessary for the appointment of a special master	126124
with such powers and authority over the facility and length of	126125
appointment as the court considers necessary.	126126

126127

(i) Issue an order denying ~~payment~~medicaid payments to the	126128
facility ~~under the medical assistance program~~ for all medicaid	126129
eligible residents admitted after the effective date of the order;	126130

(ii) Impose a fine.

126131

(d) Issue an order denying ~~payment~~medicaid payments to the	126132
facility ~~under the medical assistance program~~ for medicaid	126133
eligible residents admitted after the effective date of the order	126134
who have certain diagnoses or special care needs specified by the	126135
department or agency.	126136

(2) The department or agency may impose one or more of the	126137
following remedies:	126138

(a) Appoint, subject to the continuing consent of the	126139
provider, a temporary manager of the facility;	126140

(b) Do either of the following:

126141

(i) Regardless of whether the provider consents, appoint a	126142
temporary manager of the facility;	126143

(ii) Apply to the common pleas court of the county in which	126144
the facility is located for such injunctive or other equitable	126145
relief as is necessary for the appointment of a special master	126146
with such powers and authority over the facility and length of	126147
appointment as the court considers necessary.	126148

126149

(i) Issue an order denying ~~payment~~medicaid payments to the	126150
facility ~~under the medical assistance program~~ for all medicaid	126151
eligible residents admitted after the effective date of the order;	126152

(ii) Impose a fine.

126153

(d) Issue an order denying ~~payment~~medicaid payments to the	126154
facility ~~under the medical assistance program~~ for medicaid	126155
eligible residents admitted after the effective date of the order	126156
who have certain diagnoses or special care needs specified by the	126157
department or agency;	126158

(e) Issue an order requiring the facility to correct the	126159
deficiency or cluster of deficiencies under the plan of correction	126160
submitted by the facility and approved by the department of health	126161
under section ~~5111.43~~5165.69 of the Revised Code.	126162

(B) The department of ~~job and family services~~medicaid or	126163
contracting agency shall deliver a written order issued under	126164
division (A)(1) of this section terminating a nursing facility's	126165
participation in the ~~medical assistance~~medicaid program to the	126166
facility within five days after the exit interview. If the	126167
facility alleges, at any time prior to the later of the twentieth	126168
day after the exit interview or the fifteenth day after it	126169
receives the order, that the deficiency or cluster of deficiencies	126170
for which the order was issued has been substantially corrected,	126171
the department of health shall conduct a follow-up survey to	126172
determine whether the deficiency or cluster of deficiencies has	126173
been substantially corrected. The order shall take effect and the	126174
facility's participation shall terminate on the twentieth day	126175
after the exit interview, unless the facility has substantially	126176
corrected the deficiency or cluster of deficiencies that	126177
constituted a severity level four finding or did not receive	126178
notice from the department of ~~job and family services~~medicaid or	126179
contracting agency within five days after the exit interview. In	126180
the latter case, the order shall take effect and the facility's	126181
participation shall terminate on the fifteenth day after the	126182
facility received the order.	126183

(C) If the department of health cites a deficiency or cluster	126184
of deficiencies pursuant to division (E) of section ~~5111.41~~	126185
5165.66 of the Revised Code that constituted a severity level four	126186
finding, the department of ~~job and family services~~medicaid or a	126187
contracting agency shall, subject to section ~~5111.56~~5165.83 of	126188
the Revised Code, impose a fine. The fine shall be in effect for a	126189
period equal to the number of days the deficiency or cluster of	126190
deficiencies existed at the facility.	126191

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	126192
deficiency, or cluster of deficiencies, that was not substantially	126193
corrected before a survey and constitutes a severity level three	126194
and scope level three or four finding, the department of ~~job and~~	126195
~~family services~~medicaid or a contracting agency may, subject to	126196
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	126197
impose one or more of the following remedies:	126198

(A) Do either of the following:

126199

(1) Issue an order denying ~~payment~~medicaid payments to the	126200
facility ~~under the medical assistance program~~ for all medicaid	126201
eligible residents admitted after the effective date of the order;	126202

(2) Impose a fine.

126203

(B) Issue an order denying ~~payment~~medicaid payments to the	126204
facility ~~under the medical assistance program~~ for medicaid	126205
eligible residents admitted after the effective date of the order	126206
who have certain diagnoses or special care needs specified by the	126207
department or agency;	126208

(C) Issue an order requiring the facility to correct the	126209
deficiency or cluster of deficiencies under the plan of correction	126210
submitted by the facility and approved by the department of health	126211
under section ~~5111.43~~5165.69 of the Revised Code.	126212

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	126213
a deficiency, or cluster of deficiencies, that was not	126214
substantially corrected before a survey and constitutes a severity	126215
level three and scope level two finding, the department of ~~job and~~	126216
~~family services~~medicaid or a contracting agency may, subject to	126217
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	126218
impose one or more of the following remedies:	126219

(1) Do either of the following:

126220

(a) Issue an order denying ~~payment~~medicaid payments to the	126221
facility ~~under the medical assistance program~~ for all medicaid	126222
eligible residents admitted after the effective date of the order;	126223

(b) Impose a fine.

126224

(2) Issue an order denying ~~payment~~medicaid payments to the	126225
facility ~~under the medical assistance program~~ for medicaid	126226
eligible residents admitted after the effective date of the order	126227
who have certain diagnoses or special care needs specified by the	126228
department or agency;	126229

(3) Issue an order requiring the facility to correct the	126230
deficiency or cluster of deficiencies under the plan of correction	126231
proposed by the facility and approved by the department of health	126232
under section ~~5111.43~~5165.69 of the Revised Code.	126233

(B) If the department of health cites a deficiency, or	126234
cluster of deficiencies, that was not substantially corrected	126235
before a survey and constitutes a severity level three and scope	126236
level one finding, the department of ~~job and family services~~	126237
medicaid or a contracting agency may, subject to sections ~~5111.55~~	126238
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	126239
more of the following remedies:	126240

(1) Impose a fine;

126241

(2) Issue an order denying ~~payment~~medicaid payments to the	126242
facility ~~under the medical assistance program~~ for medicaid	126243
eligible residents admitted after the effective date of the order	126244
who have certain diagnoses or special care needs specified by the	126245
department or agency;	126246

(3) Issue an order requiring the facility to correct the	126247
deficiency or cluster of deficiencies under the plan of correction	126248
proposed by the facility and approved by the department of health	126249
under section ~~5111.43~~5165.69 of the Revised Code.	126250

(C) If the department of health cites a deficiency, or	126251
cluster of deficiencies, that was not substantially corrected	126252
before a survey and constitutes a severity level two and a scope	126253
level three or four finding, the department of ~~job and family~~	126254
~~services~~medicaid or a contracting agency may, subject to sections	126255
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	126256
one or more of the following remedies:	126257

(1) Impose a fine;

126258

(2) Issue an order denying ~~payment~~medicaid payments to the	126259
facility ~~under the medical assistance program~~ for medicaid	126260
eligible residents admitted after the effective date of the order	126261
who have certain diagnoses or special care needs specified by the	126262
department or agency;	126263

(3) Issue an order requiring the facility to correct the	126264
deficiency or cluster of deficiencies under the plan of correction	126265
submitted by the facility and approved by the department of health	126266
under section ~~5111.43~~5165.69 of the Revised Code.	126267

(D) If the department of health cites a deficiency, or	126268
cluster of deficiencies, that was not substantially corrected	126269
before a survey, constitutes a severity level two and scope level	126270
one or two finding, and is a repeat finding, the department of ~~job~~	126271
~~and family services~~medicaid or a contracting agency may issue an	126272
order requiring the facility to correct the deficiency or cluster	126273
of deficiencies under the plan of correction submitted by the	126274
facility and approved by the department of health under section	126275
~~5111.43~~5165.69 of the Revised Code.	126276

(E) If the department of health cites a deficiency, or	126277
cluster of deficiencies, that was not substantially corrected	126278
before a survey and constitutes a severity level one and scope	126279
level three or four finding, the department of ~~job and family~~	126280
~~services~~medicaid or a contracting agency may issue an order	126281
requiring the facility to correct the deficiency or cluster of	126282
deficiencies under the plan of correction submitted by the	126283
facility and approved by the department of health under section	126284
~~5111.43~~5165.69 of the Revised Code.	126285

(F) If the department of health cites a deficiency, or	126286
cluster of deficiencies, that was not substantially corrected	126287
before a survey, constitutes a severity level one and scope level	126288
two finding, and is a repeat finding, the department of ~~job and~~	126289
~~family services~~medicaid or a contracting agency may issue an	126290
order requiring the facility to correct the deficiency or cluster	126291
of deficiencies under the plan of correction submitted by the	126292
facility and approved by the department of health under section	126293
~~5111.43~~5165.69 of the Revised Code.	126294

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	126295
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	126296
5165.74 of the Revised Code, including whether a fine should be	126297
imposed, the department of ~~job and family services~~medicaid or a	126298
contracting agency shall do both of the following:	126299

(1) Impose the remedies that are most likely to achieve	126300
correction of deficiencies, encourage sustained compliance with	126301
certification requirements, and protect the health, safety, and	126302
rights of facility residents, but that are not directed at	126303
punishment of the facility;	126304

(2) Consider all of the following:

126305

(a) The presence or absence of immediate jeopardy;

126306

(b) The relationships of groups of deficiencies to each	126307
other;	126308

(c) The facility's history of compliance with certification	126309
requirements generally and in the specific area of the deficiency	126310
or deficiencies;	126311

(d) Whether the deficiency or deficiencies are directly	126312
related to resident care;	126313

(e) The corrective, long-term compliance, resident	126314
protective, and nonpunitive outcomes sought by the department or	126315
agency;	126316

(f) The nature, scope, and duration of the noncompliance with	126317
certification requirements;	126318

(g) The existence of repeat deficiencies;

126319

(h) The category of certification requirements with which the	126320
facility is out of compliance;	126321

(i) Any period of noncompliance with certification	126322
requirements that occurred between two certifications by the	126323
department of health that the facility was in compliance with	126324
certification requirements;	126325

(j) The facility's degree of culpability;

126326

(k) The accuracy, extent, and availability of facility	126327
records;	126328

(l) The facility's financial condition, exclusive of any	126329
moneys donated to a facility that is an organization described in	126330
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	126331
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	126332
1;	126333

(m) Any adverse effect that the action or fine would have on	126334
the health and safety of facility residents;	126335

(n) If the noncompliance that resulted in the citation of a	126336
deficiency or cluster of deficiencies existed before a change in	126337
ownership of the facility, whether the new owner or owners have	126338
had sufficient time to correct the noncompliance.	126339

(B) Whenever the department or agency imposes remedies under	126340
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126341
the Revised Code, it shall provide a written statement to the	126342
nursing facility that specifies all of the following:	126343

(1) The effective date of each remedy;

126344

(2) The deficiency or cluster of deficiencies for which each	126345
remedy is imposed;	126346

(3) The severity and scope of the deficiency or cluster of	126347
deficiencies;	126348

(4) The rationale, including all applicable factors specified	126349
in division (A) of this section, for imposing the remedies.	126350

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	126351
~~family services~~medicaid or a contracting agency, under section	126352
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	126353
Revised Code, issues an order terminating a nursing facility's	126354
participation in the ~~medical assistance~~medicaid program, the	126355
department or agency may also impose a fine, in accordance with	126356
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	126357
the Revised Code, to be collected in the event the termination	126358
order does not take effect. The department or agency shall not	126359
collect this fine if the termination order takes effect.	126360

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	126361
during a survey that an emergency exists at a nursing facility, as	126362
the result of a deficiency or cluster of deficiencies that creates	126363
immediate jeopardy, the department of ~~job and family services~~	126364
medicaid or a contracting agency shall impose one or more of the	126365
remedies described in division (A)(1) of this section and, in	126366
addition, may take one or both of the actions described in	126367
division (A)(2) of this section.	126368

(1) The department or agency shall impose one or more of the	126369
following remedies:	126370

(a) Appoint, subject to the continuing consent of the	126371
provider, a temporary manager of the facility;	126372

(b) Apply to the common pleas court of the county in which	126373
the facility is located for a temporary restraining order,	126374
preliminary injunction, or such other injunctive or equitable	126375
relief as is necessary to close the facility, transfer one or more	126376
residents to other nursing facilities or other appropriate care	126377
settings, or otherwise eliminate the condition of immediate	126378
jeopardy. If the court grants such an order, injunction, or	126379
relief, it may appoint a special master empowered to implement the	126380
court's judgment under the court's direct supervision.	126381

(c) Issue an order terminating the facility's participation	126382
in the ~~medical assistance~~medicaid program;	126383

(d) Regardless of whether the provider consents, appoint a	126384
temporary manager of the facility.	126385

(2) The department or agency may do one or both of the	126386
following:	126387

(a) Issue an order denying ~~payment~~medicaid payments to the	126388
facility for all medicaid eligible residents admitted after the	126389
effective date of the order;	126390

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	126391
5165.74 of the Revised Code appropriate to the severity and scope	126392
of the deficiency or cluster of deficiencies, except that the	126393
department or agency shall not impose a fine for the same	126394
deficiency for which the department or agency has issued an order	126395
under division (A)(2)(a) of this section.	126396

(B) If the department of health, department of ~~job and family~~	126397
~~services~~medicaid, or a contracting agency finds on the basis of a	126398
survey or other visit to the facility by representatives of that	126399
department or agency that an emergency exists at a facility that	126400
is not the result of a deficiency or cluster of deficiencies that	126401
constitutes immediate jeopardy, the department of ~~job and family~~	126402
~~services~~medicaid or contracting agency may do either of the	126403
following:	126404

(1) Appoint, subject to the continuing consent of the	126405
provider, a temporary manager of the facility;	126406

(2) Apply to the common pleas court of the county in which	126407
the facility is located for a temporary restraining order,	126408
preliminary injunction, or such other injunctive or equitable	126409
relief as is necessary to close the facility, transfer one or more	126410
residents to other nursing facilities or other appropriate care	126411
settings, or otherwise eliminate the emergency. If the court	126412
grants such an order, injunction, or relief, it may appoint a	126413
special master empowered to implement the court's judgment under	126414
the court's direct supervision.	126415

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	126416
(2), or (B)(2) of this section, the department of ~~job and family~~	126417
~~services~~medicaid or contracting agency shall give written notice	126418
to the facility specifying all of the following:	126419

(a) The nature of the emergency, including the nature of any	126420
deficiency or deficiencies that caused the emergency;	126421

(b) The nature of the action the department or agency intends	126422
to take unless the department of health determines that the	126423
facility, in the absence of state intervention, possesses the	126424
capacity to eliminate the emergency;	126425

126426

(2) If the department of health determines that the facility	126427
does not possess the capacity to eliminate the emergency in the	126428
absence of state intervention, the department of ~~job and family~~	126429
~~services~~medicaid or contracting agency may immediately take	126430
action under division (A) or (B) of this section. If the	126431
department of health determines that the facility possesses the	126432
capacity to eliminate the emergency, the department of ~~job and~~	126433
~~family services~~medicaid or contracting agency shall direct the	126434
facility to eliminate the emergency within five days after the	126435
facility's receipt of the notice. At the end of the five-day	126436
period, the department of health shall conduct a follow-up survey	126437
that focuses on the emergency. If the department of health	126438
determines that the facility has eliminated the emergency within	126439
the time period, the department of ~~job and family services~~	126440
medicaid or contracting agency shall not act under division	126441
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	126442
department of health determines that the facility has failed to	126443
eliminate the emergency within the five-day period, the department	126444
of ~~job and family services~~medicaid or contracting agency shall	126445
take appropriate action under division (A)(1)(b), (c), (d), or	126446
(2), or (B)(2) of this section.	126447

(3) Until the written notice required by division (C)(1) of	126448
this section is actually delivered, no action taken by the	126449
department of ~~job and family services~~medicaid or contracting	126450
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	126451
this section shall have any legal effect. In addition to the	126452
written notice, the department of health survey team shall give	126453
oral notice to the facility, at the time of the survey, concerning	126454
any recommendations the survey team intends to make that could	126455
form the basis of a determination that an emergency exists.	126456

(D) The department of ~~job and family services~~medicaid or	126457
contracting agency shall deliver a written order issued under	126458
division (A)(1) of this section terminating a nursing facility's	126459
participation in the ~~medical assistance~~medicaid program to the	126460
facility within five days after the exit interview. If the	126461
facility alleges, at any time prior to the later of the twentieth	126462
day after the exit interview or the fifteenth day after it	126463
receives the order, that the condition of immediate jeopardy for	126464
which the order was issued has been eliminated, the department of	126465
health shall conduct a follow-up survey to determine whether the	126466
immediate jeopardy has been eliminated. The order shall take	126467
effect and the facility's participation shall terminate on the	126468
twentieth day after the exit interview, unless the facility has	126469
eliminated the immediate jeopardy or did not receive notice from	126470
the department of ~~job and family services~~medicaid or contracting	126471
agency within five days after the exit interview. In the latter	126472
case, the order shall take effect and the facility's participation	126473
shall terminate on the fifteenth day after the facility received	126474
the order.	126475

(E) Any action taken by the department of ~~job and family~~	126476
~~services~~medicaid or a contracting agency under division	126477
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	126478
under Chapter 119. of the Revised Code, except that the department	126479
or agency may take such action prior to and during the pendency of	126480
any proceeding under that chapter. No action taken by a facility	126481
under division (C) of this section to eliminate an emergency cited	126482
by the department of health shall be considered an admission by	126483
the facility of the existence of an emergency.	126484

Sec. 5165.771. (A) As used in this section:

126485

"SFF list" means the list of nursing facilities that the	126486
United States department of health and human services creates	126487
under the special focus facility program.	126488

"Special focus facility program" means the program conducted	126489
by the United States secretary of health and human services	126490
pursuant to the "Social Security Act," section 1919(f)(10), 42	126491
U.S.C. 1396r(f)(10).	126492

"Table A" means the table included in the SFF list that	126493
identifies nursing facilities that are newly added to the SFF	126494
list.	126495

"Table B" means the table included in the SFF list that	126496
identifies nursing facilities that have not improved.	126497

"Table C" means the table included in the SFF list that	126498
identifies nursing facilities that have shown improvement.	126499

"Table D" means the table included in the SFF list that	126500
identifies nursing facilities that have recently graduated from	126501
the special focus facility program.	126502

(B) The department of medicaid may issue an order terminating	126503
a nursing facility's participation in the medicaid program if any	126504
of the following apply:	126505

(1) The nursing facility is listed in table A or table B on	126506
the effective date of this section and fails to be placed in table	126507
C not later than eighteen months after the effective date of this	126508
section;	126509

(2) The nursing facility is listed in table A, table B, or	126510
table C on the effective date of this section and fails to be	126511
placed in table D not later than thirty months after the effective	126512
date of this section;	126513

(3) The nursing facility is placed in table A after the	126514
effective date of this section and fails to be placed in table C	126515
not later than eighteen months after the nursing facility is	126516
placed in table A;	126517

(4) The nursing facility is placed in table A after the	126518
effective date of this section and fails to be placed in table D	126519
not later than thirty months after the nursing facility is placed	126520
in table A.	126521

(C) An order issued under this section is subject to appeal	126522
under Chapter 119. of the Revised Code.	126523

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	126524
~~family services~~medicaid determines that a nursing facility is	126525
experiencing or is likely to experience a serious financial loss	126526
or failure that jeopardizes or is likely to jeopardize the health,	126527
safety, and welfare of its residents, the department, subject to	126528
the provider's consent, may appoint a temporary resident safety	126529
assurance manager in the nursing facility to take actions the	126530
department determines are appropriate to ensure the health,	126531
safety, and welfare of the residents.	126532

(B) A temporary resident safety assurance manager appointed	126533
under this section is vested with the authority necessary to take	126534
actions the department of ~~job and family services~~medicaid	126535
determines are appropriate to ensure the health, safety, and	126536
welfare of the residents.	126537

(C) A temporary resident safety assurance manager appointed	126538
under this section may use any of the following funds to pay for	126539
costs the manager incurs on behalf of the nursing facility:	126540

(1) Medicaid payments made in accordance with the provider	126541
agreement for the nursing facility;	126542

(2) Funds from the residents protection fund that the	126543
department provides the manager under section ~~5111.62~~5162.66 of	126544
the Revised Code;	126545

(3) Other funds the department determines are appropriate if	126546
such use of the funds is consistent with the appropriations that	126547
authorize the use of the funds and all other state and federal	126548
laws governing the use of the funds.	126549

(D) The provider is liable to the department for the amount	126550
of any payments the department makes to the temporary resident	126551
safety assurance manager, other than payments specified in	126552
division (C)(1) of this section. The department may recover the	126553
amount the provider owes the department by doing any of the	126554
following:	126555

(1) Offsetting medicaid payments made to the provider in	126556
accordance with the provider agreement;	126557

(2) Placing a lien on any of the provider's real and personal	126558
property;	126559

(3) Initiating other collection actions.

126560

(E) No action the department takes under this section is	126561
subject to appeal under Chapter 119. of the Revised Code.	126562

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	126563
5165.61 of the Revised Code, the medicaid director ~~of job and~~	126564
~~family services~~ may establish all of the following:	126565

(1) Qualifications persons must meet to be appointed	126566
temporary resident safety assurance managers under this section;	126567

(2) Procedures for maintaining a list of qualified temporary	126568
resident safety assurance managers;	126569

(3) Procedures consistent with federal law for paying for the	126570
services of temporary resident safety assurance managers;	126571

(4) Accounting and reporting requirements for temporary	126572
resident safety assurance managers;	126573

(5) Other procedures and requirements the director determines	126574
are necessary to implement this section.	126575

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	126576
"terminating" includes not renewing.	126577

(B) A nursing facility's participation in the ~~medical~~	126578
~~assistance~~medicaid program shall be terminated under sections	126579
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	126580
follows:	126581

(1) If the department of ~~job and family services~~medicaid is	126582
terminating the facility's participation, it shall issue an order	126583
terminating the facility's provider agreement.	126584

(2) If the department of health, acting as a contracting	126585
agency, is terminating the facility's participation, it shall	126586
issue an order terminating certification of the facility's	126587
compliance with certification requirements. When the department of	126588
health terminates certification, the department of ~~job and family~~	126589
~~services~~medicaid shall terminate the facility's provider	126590
agreement. The department of ~~job and family services~~medicaid is	126591
not required to provide an adjudication hearing when it terminates	126592
a provider agreement following termination of certification by the	126593
department of health.	126594

(3) If a state agency other than the department of health,	126595
acting as a contracting agency, is terminating the facility's	126596
participation, it shall notify the department of ~~job and family~~	126597
~~services~~medicaid, and the department of ~~job and family services~~	126598
medicaid shall issue an order terminating the facility's provider	126599
agreement. The contracting agency shall conduct any administrative	126600
proceedings concerning the order.	126601

(C) If the following conditions are met, the department of	126602
~~job and family services~~medicaid may make ~~medical assistance~~	126603
medicaid payments to a nursing facility for a period not exceeding	126604
thirty days after the effective date of termination under sections	126605
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	126606
facility's participation in the ~~medical assistance~~medicaid	126607
program:	126608

(1) The payments are for medicaid eligible residents admitted	126609
to the facility prior to the effective date of the termination;	126610

(2) The provider is making reasonable efforts to transfer	126611
medicaid eligible residents to other care settings.	126612

The period during which payments may be made under this	126613
division begins on the later of the effective date of the	126614
termination or, if the facility has appealed a termination order,	126615
the date of issuance of the adjudication order upholding	126616
termination.	126617

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	126618
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126619
Revised Code, the department of ~~job and family services~~medicaid	126620
or contracting agency shall arrange for the safe and orderly	126621
transfer of all residents, including residents who are not	126622
medicaid eligible residents, to other appropriate care settings.	126623
Whenever a nursing facility's participation in the ~~medical~~	126624
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	126625
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	126626
agency shall arrange for the safe and orderly transfer of all	126627
medicaid eligible residents or, if the termination results in the	126628
closure of the facility, of all residents. The provider and all	126629
persons involved in the facility's operation shall cooperate with	126630
and assist in the transfer of residents.	126631

(B) After a nursing facility's participation in the ~~medical~~	126632
~~assistance~~medicaid program is terminated under section ~~5111.45~~	126633
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	126634
5165.85 of the Revised Code, the department of ~~job and family~~	126635
~~services~~medicaid or contracting agency may appoint a temporary	126636
manager subject to the continuing consent of the provider, or may	126637
apply to the common pleas court of the county in which the	126638
facility is located for such injunctive relief as is necessary for	126639
the appointment of a special master, to ensure the transfer of	126640
medicaid eligible residents to other appropriate care settings	126641
and, if applicable, the orderly closure of the facility.	126642

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	126643
facility appointed by the department of ~~job and family services~~	126644
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	126645
~~5111.62~~5165.89 of the Revised Code shall meet all of the	126646
following qualifications:	126647

(1) Be licensed as a nursing home administrator under Chapter	126648
4751. of the Revised Code;	126649

(2) Have demonstrated competence as a nursing home	126650
administrator;	126651

(3) Have had no disciplinary action taken against the	126652
temporary manager by any licensing board or professional society	126653
in this state.	126654

(B) The salary of a temporary manager or special master	126655
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126656
Revised Code shall be paid by the facility and set by the	126657
department of ~~job and family services~~medicaid or contracting	126658
agency, in the case of a temporary manager, or by the court, in	126659
the case of a special master, at a rate not to exceed the maximum	126660
allowable compensation for an administrator under the ~~medical~~	126661
~~assistance~~medicaid program. The extent to which this compensation	126662
is allowable under the ~~medical assistance~~medicaid program is	126663
subject to and limited by this chapter and rules ~~of the department~~	126664
adopted under section 5165.02 of the Revised Code.	126665

Subject to division (C) of this section, any costs incurred	126666
on behalf of a nursing facility by a temporary manager or special	126667
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	126668
of the Revised Code shall be paid by the facility. The	126669
allowability of these costs under the ~~medical assistance~~medicaid	126670
program shall be subject to and governed by this chapter and ~~the~~	126671
rules ~~of the department~~adopted under section 5165.02 of the	126672
Revised Code. This division does not prohibit a facility from	126673
applying for or receiving any waiver of cost ceilings available	126674
under the rules ~~of the department~~.	126675

(C) No temporary manager or special master appointed under	126676
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	126677
shall enter into any employment contract on behalf of a facility,	126678
or purchase any capital goods using facility funds totaling more	126679
than ten thousand dollars, unless the temporary manager or special	126680
master has obtained prior approval for the contract or purchase	126681
from either the provider or the court.	126682

(D)(1) A temporary manager appointed for a nursing facility	126683
under section ~~5111.46~~5165.72 of the Revised Code is hereby	126684
vested, subject to division (C) of this section, with the legal	126685
authority necessary to correct any deficiency or cluster of	126686
deficiencies at a facility, bring the facility into compliance	126687
with certification requirements, and otherwise ensure the health	126688
and safety of the residents.	126689

(2) A temporary manager appointed under section ~~5111.51~~	126690
5165.77 of the Revised Code is hereby vested, subject to division	126691
(C) of this section, with the authority necessary to eliminate the	126692
emergency, bring the facility into compliance with certification	126693
requirements, and otherwise ensure the health and safety of the	126694
residents.	126695

(3) A temporary manager appointed under section ~~5111.53~~	126696
5165.80 of the Revised Code is hereby vested, subject to division	126697
(C) of this section, with the authority necessary to ensure the	126698
transfer of medicaid eligible residents to other appropriate care	126699
settings and, if applicable, the orderly closure of the facility,	126700
and to otherwise ensure the health and safety of the residents.	126701

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	126702
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	126703
manager or apply for a special master, the department of ~~job and~~	126704
~~family services~~medicaid or contracting agency shall order the	126705
facility to substantially correct the deficiency or deficiencies	126706
within five days after receiving the statement and inform the	126707
facility, in the statement it provides pursuant to division (B) of	126708
section ~~5111.49~~5165.75 of the Revised Code, of the order and	126709
that it will not take that action unless the facility fails to	126710
substantially correct the deficiency or deficiencies within that	126711
five-day period. At the end of the five-day period, the department	126712
of health shall conduct a follow-up survey that focuses on the	126713
deficiency or deficiencies. If the department of health determines	126714
that the facility has substantially corrected the deficiency or	126715
deficiencies within that time, the department of ~~job and family~~	126716
~~services~~medicaid or contracting agency shall not appoint a	126717
temporary manager or apply for a special master. If the department	126718
of health determines that the facility has failed to substantially	126719
correct the deficiency or deficiencies within that time, the	126720
department of ~~job and family services~~medicaid or contracting	126721
agency may proceed with appointment of the temporary manager or	126722
application for a special master. Until the statement required	126723
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	126724
is actually delivered, no action taken by the department or agency	126725
to appoint a temporary manager or apply for a temporary manager	126726
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	126727
the Revised Code shall have any legal effect. No action taken by a	126728
facility under this division to substantially correct a deficiency	126729
or deficiencies shall be considered an admission by the facility	126730
of the existence of a deficiency or deficiencies.	126731

(F) Appointment of a temporary manager under division	126732
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	126733
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	126734
expire at the end of the seventh day following the appointment. If	126735
the department of ~~job and family services~~medicaid or contracting	126736
agency finds that the deficiency or deficiencies that prompted the	126737
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126738
5165.72 of the Revised Code cannot be substantially corrected, or	126739
the condition of immediate jeopardy that prompted the appointment	126740
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	126741
Code cannot be eliminated, prior to the expiration of the	126742
appointment, it may take one of the following actions:	126743

(1) Appoint, subject to the continuing consent of the	126744
provider, a temporary manager for the facility;	126745

(2) Apply to the common pleas court of the county in which	126746
the facility is located for an order appointing a special master	126747
who, under the authority and direct supervision of the court and	126748
subject to divisions (B) and (C) of this section, may take such	126749
additional actions as are necessary to correct the deficiency or	126750
deficiencies or eliminate the condition of immediate jeopardy and	126751
bring the facility into compliance with certification	126752
requirements.	126753

(G) The court, on finding that the deficiency or deficiencies	126754
for which a special master was appointed under division (F)(2) of	126755
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126756
5165.72 of the Revised Code has been substantially corrected, or	126757
the emergency for which a special master was appointed under	126758
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	126759
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	126760
that the facility has been brought into compliance with	126761
certification requirements, and that the provider has established	126762
the management capability to ensure continued compliance with the	126763
certification requirements, shall immediately terminate its	126764
jurisdiction over the facility and return control and management	126765
of the facility to the provider. If the deficiency or deficiencies	126766
cannot be substantially corrected, or the emergency cannot be	126767
eliminated practicably within a reasonable time following	126768
appointment of the special master, the court may order the special	126769
master to close the facility and transfer all residents to other	126770
nursing facilities or other appropriate care settings.	126771

(H) This section does not apply to temporary resident safety	126772
assurance managers appointed under section ~~5111.511~~5165.78 of the	126773
Revised Code.	126774

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	126775
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126776
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126777
medicaid payments to a nursing facility for all medicaid eligible	126778
residents admitted after its effective date, or an order issued	126779
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	126780
of the Revised Code denying ~~payment~~medicaid payments to a	126781
nursing facility for medicaid eligible residents admitted after	126782
the effective date of the order who have specified diagnoses or	126783
special care needs, shall also apply to individuals admitted to	126784
the facility on and after the effective date of the order who are	126785
not medicaid eligible residents but become medicaid eligible	126786
residents after admission. Such an order shall not apply to any of	126787
the following:	126788

(1) An individual who was a medicaid eligible resident of the	126789
facility on the day immediately preceding the effective date of	126790
the order and continues to be a medicaid eligible resident on and	126791
after that date;	126792

(2) An individual who was a resident of the facility on the	126793
day immediately preceding the effective date of the order,	126794
continues to be a resident on and after that date, and becomes	126795
medicaid eligible on or after that date;	126796

(3) An individual who was a medicaid eligible resident of the	126797
facility prior to the effective date of the order, is temporarily	126798
absent from the facility on that or a subsequent date due to	126799
hospitalization or participation in therapeutic programs outside	126800
the facility, and chooses to return to the facility;	126801

(4) An individual who was a resident of the facility prior to	126802
the effective date of the order, is temporarily absent from the	126803
facility on that or a subsequent date due to hospitalization or	126804
participation in therapeutic programs outside the facility,	126805
becomes medicaid eligible on or after that date, and chooses to	126806
return to the facility.	126807

(B) An order issued under section ~~5111.46~~5165.72 of the	126808
Revised Code denying ~~payment~~medicaid payments to a nursing	126809
facility for all medicaid eligible residents admitted after its	126810
effective date, or denying ~~payment~~medicaid payments to a facility	126811
for medicaid eligible residents admitted after the effective date	126812
of the order who have specified diagnoses or special care needs	126813
shall not take effect prior to the fifth day after the order is	126814
delivered to the facility. Such an order issued under section	126815
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	126816
take effect prior to the twentieth day after it is delivered to	126817
the facility.	126818

(C) No nursing facility that has received an order under	126819
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126820
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126821
medicaid payments for all new admissions of medicaid eligible	126822
residents shall admit a medicaid eligible resident on or after the	126823
effective date of the order, unless the resident is described in	126824
division (A)(3) or (4) of this section, until the order is	126825
terminated pursuant to this section. No nursing facility that has	126826
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	126827
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	126828
payments to a nursing facility for new admissions of medicaid	126829
eligible residents with specified diagnoses or special care needs	126830
shall admit such a resident on or after the effective date of the	126831
order, unless the resident is described in division (A)(3) or (4)	126832
of this section, until the order is terminated pursuant to this	126833
section.	126834

(D) In the case of an order imposed under division (B) of	126835
section ~~5111.57~~5165.84 of the Revised Code, the department or	126836
agency shall appoint monitors in accordance with section ~~5111.44~~	126837
5165.70 of the Revised Code to conduct on-site monitoring.	126838

(E)(1) A facility may give written notice to the department	126839
of health whenever any of the following apply:	126840

(a) With respect to an order denying payment issued under	126841
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126842
the Revised Code, either of the following is the case:	126843

(i) The facility has completed implementation of the plan of	126844
correction it submitted under section ~~5111.43~~5165.69 of the	126845
Revised Code and substantially corrected all deficiencies for	126846
which the order was issued.	126847

(ii) The facility has reduced the severity or scope of all of	126848
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	126849
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	126850

(b) With respect to an order denying payment issued under	126851
section ~~5111.51~~5165.77 of the Revised Code, the facility has	126852
eliminated the immediate jeopardy.	126853

(c) With respect to an order denying ~~payment~~medicaid	126854
payments issued under division (A) of section ~~5111.57~~5165.84 of	126855
the Revised Code, the facility has completed implementation of the	126856
plan of correction it submitted under section ~~5111.43~~5165.69 of	126857
the Revised Code and substantially corrected all deficiencies for	126858
which the order was issued.	126859

(d) With respect to an order denying ~~payment~~medicaid	126860
payments issued under division (B) of section ~~5111.57~~5165.84 of	126861
the Revised Code, both of the following are the case:	126862

(i) The facility has completed implementation of the plan of	126863
correction it submitted under section ~~5111.43~~5165.69 of the	126864
Revised Code and substantially corrected all deficiencies for	126865
which the order was issued.	126866

(ii) The facility is in compliance with certification	126867
requirements and has provided adequate assurance that it will	126868
remain in compliance with them.	126869

(2) Within ten working days after it receives the notice	126870
under division (E)(1) of this section, the department of health	126871
shall conduct a follow-up survey that focuses on the cited	126872
deficiency or deficiencies, unless the department is able to	126873
determine, on the basis of documentation provided by the facility,	126874
that the facility has completed the applicable action described in	126875
divisions (E)(1)(a) to (d) of this section. If the department of	126876
health makes that determination on the basis of the documentation,	126877
the department of ~~job and family services~~medicaid or contracting	126878
agency shall terminate the order denying ~~payment~~medicaid payments	126879
as of the date the facility completed the applicable action, as	126880
subsequently verified by the department of health. If the	126881
department of health conducts a follow-up survey, the department	126882
of ~~job and family services~~medicaid or contracting agency shall	126883
terminate the order denying ~~payment~~medicaid payments as of the	126884
date the department of health makes the determination that the	126885
facility completed the applicable action.	126886

(F) The department of ~~job and family services~~medicaid or	126887
contracting agency shall provide public notice implementing an	126888
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	126889
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	126890
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	126891
~~medical assistance program~~ for all medicaid eligible residents by	126892
publishing in a newspaper of general circulation in the county in	126893
which the facility is located an announcement stating: "By order	126894
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126895
name of contracting agency), effective on and after (effective	126896
date of order), (name of facility) is no longer authorized to	126897
admit Medicaid eligible residents." Immediately following	126898
termination of any such order, the department or agency shall	126899
publish in a newspaper of general circulation in the county in	126900
which the facility is located an announcement stating: "By order	126901
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126902
name of contracting agency), effective on and after (effective	126903
date of termination), (name of facility) is hereby authorized to	126904
admit Medicaid eligible residents." Neither the department nor the	126905
contracting agency shall issue public notice of an order under	126906
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126907
the Revised Code denying payment to a nursing facility for	126908
medicaid eligible residents with specified diagnoses or special	126909
care needs; public notice is not required for such an order to	126910
take effect.	126911

(G) A facility that complies with division (E) of this	126912
section shall not be considered to have admitted to the existence	126913
of the deficiency that constitutes the basis of the department's	126914
or agency's order.	126915

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	126916
"certified beds" means beds certified under Title XVIII or Title	126917
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	126918
~~301, as amended~~.	126919

(B) If the department of ~~job and family services~~medicaid or	126920
a contracting agency imposes a fine on a nursing facility under	126921
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126922
the Revised Code, it may impose one or more of the following:	126923

(1) One hundred sixty per cent of the amount calculated under	126924
division (C) of this section for any deficiency or cluster of	126925
deficiencies that constitutes a severity level four and scope	126926
level four finding;	126927

(2) One hundred forty per cent of the amount calculated under	126928
division (C) of this section for any deficiency or cluster of	126929
deficiencies that constitutes a severity level four and scope	126930
level three finding;	126931

(3) One hundred twenty per cent of the amount calculated	126932
under division (C) of this section for any deficiency or cluster	126933
of deficiencies that constitutes a severity level four and scope	126934
level two finding;	126935

(4) The amount calculated under division (C) of this section	126936
for any deficiency or cluster of deficiencies that constitutes a	126937
severity level four and scope level one finding or any deficiency	126938
or cluster of deficiencies that constitutes a severity level three	126939
and scope level four finding;	126940

(5) Ninety per cent of the amount calculated under division	126941
(C) of this section for any deficiency or cluster of deficiencies	126942
that constitutes a severity level three and scope level three	126943
finding;	126944

(6) Eighty per cent of the amount calculated under division	126945
(C) of this section for any deficiency or cluster of deficiencies	126946
that constitutes a severity level three and scope level two	126947
finding;	126948

(7) Seventy per cent of the amount calculated under division	126949
(C) of this section for any deficiency or cluster of deficiencies	126950
that constitutes a severity level three and scope level one	126951
finding;	126952

(8) Fifty per cent of the amount calculated under division	126953
(C) of this section for any deficiency or cluster of deficiencies	126954
that constitutes a severity level two and scope level four	126955
finding;	126956

(9) Forty per cent of the amount calculated under division	126957
(C) of this section for any deficiency or cluster of deficiencies	126958
that constitutes a severity level two and scope level three	126959
finding.	126960

(C) The amount subject to division (B) of this section shall	126961
be the product of multiplying two dollars and fifty cents for each	126962
day the fine is in effect by the total number of licensed nursing	126963
home beds or certified beds, whichever is greater, in the facility	126964
as of the date the deficiency or cluster of deficiencies that is	126965
the reason for the fine was cited.	126966

(D)(1) The department of ~~job and family services~~medicaid or	126967
contracting agency shall not impose on a facility, at any one	126968
time, more than four fines as a result of any one survey.	126969

(2) The department of ~~job and family services~~medicaid or	126970
contracting agency shall not impose more than one fine based on a	126971
deficiency or cluster of deficiencies. However, if the department	126972
of health, in a follow-up or other subsequent survey, finds a	126973
change in the scope or severity of the deficiency or cluster of	126974
deficiencies, the department of ~~job and family services~~medicaid	126975
or contracting agency may increase or decrease the fine in	126976
accordance with division (B) of this section to reflect the change	126977
in scope or severity. The department or agency shall give the	126978
facility written notice of the change in the amount of the fine.	126979
The change shall take effect on the date the follow-up or other	126980
subsequent survey is completed.	126981

If the department of health finds that a deficiency is a	126982
repeat deficiency, the department of ~~job and family services~~	126983
medicaid or contracting agency may impose a fine that is one	126984
hundred per cent greater than the fine specified in division (B)	126985
of this section for the deficiency.	126986

(E) The total amount of fines the department of ~~job and~~	126987
~~family services~~medicaid or contracting agency may impose on a	126988
facility in a single calendar year shall not exceed five hundred	126989
dollars for each licensed nursing home bed or certified bed,	126990
whichever is greater in number, in the facility.	126991

(F)(1) Except as provided in division (F)(2) of this section,	126992
the department of ~~job and family services~~medicaid or contracting	126993
agency shall not impose a fine under section ~~5111.46~~5165.72,	126994
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	126995
deficiency or cluster of deficiencies is substantially corrected	126996
within twenty days after the nursing facility receives the	126997
statement provided under division (B) of section ~~5111.49~~5165.75	126998
of the Revised Code. The department or agency shall inform the	126999
nursing facility in that statement that the fine will not be	127000
imposed if the deficiency or cluster of deficiencies is	127001
substantially corrected within the twenty-day period.	127002

(2) If a nursing facility has substantially corrected a	127003
deficiency or cluster of deficiencies within six months after the	127004
exit interview of a survey that was the basis for citing a	127005
deficiency or cluster of deficiencies, but after correcting it has	127006
been cited for the same deficiency or cluster of deficiencies by	127007
the department of health on the basis of a subsequent survey	127008
conducted during the remainder of the six-month period, the	127009
department of ~~job and family services~~medicaid or contracting	127010
agency may impose a fine beginning on the date of the exit	127011
interview of the subsequent survey.	127012

(G) Whenever a facility believes that it has completed	127013
implementation of the plan of correction it submitted under	127014
section ~~5111.43~~5165.69 of the Revised Code and substantially	127015
corrected the cited deficiency or cluster of deficiencies that is	127016
the basis for a fine, it may give written notice to that effect to	127017
the department of health. After receiving the notice, the	127018
department shall conduct a follow-up survey of the facility that	127019
focuses on the deficiency or cluster, unless the department is	127020
able to determine, on the basis of documentation provided by the	127021
facility, that the facility has substantially corrected the	127022
deficiency or cluster. If, based on the follow-up survey, the	127023
department establishes that the facility had not completed	127024
implementation of the plan of correction at the time the	127025
department received the notice, any fine based on the deficiency	127026
or cluster shall be doubled effective from the date the department	127027
received the notice. A facility that complies with this division	127028
shall not be considered to have admitted the existence of the	127029
deficiency or cluster that is the basis for the fine.	127030

(H) Except for a fine imposed under division (C) of section	127031
~~5111.46~~5165.72 of the Revised Code and as provided in division	127032
(F)(2) of this section, the department of ~~job and family services~~	127033
medicaid or contracting agency shall impose a fine only if the	127034
facility fails to give notice under division (G) of this section	127035
within twenty days after it receives the statement required by	127036
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	127037
the department of health determines, based on a follow-up survey,	127038
that the deficiency or cluster of deficiencies for which the fine	127039
is proposed has not been substantially corrected within the	127040
twenty-day period. The fine shall be imposed effective on the	127041
twenty-first day after the facility receives the statement under	127042
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	127043
fine shall remain in effect until the earliest of the following:	127044

(1) The date the department of health receives notice under	127045
division (G) of this section, unless the department determines, on	127046
the basis of a follow-up survey, that the deficiency or cluster of	127047
deficiencies that is the basis for the fine has not been	127048
substantially corrected as of that date;	127049

(2) The date on which the department of health makes a	127050
determination, on the basis of a follow-up survey, that the	127051
deficiency or cluster of deficiencies has been substantially	127052
corrected;	127053

(3) The date the facility substantially corrected the	127054
deficiency or cluster, as subsequently determined by the	127055
department of health on the basis of documentation provided by the	127056
facility.	127057

(I) Any fine imposed by the department of ~~job and family~~	127058
~~services~~medicaid or contracting agency under this section is	127059
subject to appeal under Chapter 119. of the Revised Code. If the	127060
facility does not request a hearing under Chapter 119. of the	127061
Revised Code and either pays or agrees in writing to pay the fine	127062
when payment becomes due under division (J) of this section, the	127063
department or agency shall reduce the fine by fifty per cent. The	127064
department or agency may compromise any claim for payment of a	127065
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	127066
Revised Code.	127067

(J) The department of ~~job and family services~~medicaid or	127068
contracting agency shall collect interest on fines, at the rate	127069
per calendar month that equals one-twelfth of the rate per year	127070
prescribed by section 5703.47 of the Revised Code for the calendar	127071
year that includes the month for which the interest charge	127072
accrues. Payment of a fine is due, and interest begins to accrue	127073
on the unpaid fine or balance, on the thirty-first day after the	127074
department or agency issues a final adjudication order imposing	127075
the fine. If the deficiency or deficiencies on which the fine is	127076
based have not been corrected when the final adjudication order is	127077
issued, the payment is due, and interest begins to accrue on the	127078
unpaid fine or balance, on the thirty-first day after the	127079
deficiency or deficiencies are corrected and the department or	127080
agency mails a notice specifying the amount of the fine to the	127081
facility.	127082

(K) The department of ~~job and family services~~medicaid or	127083
contracting agency shall collect fines and interest imposed under	127084
this section through one of the following means:	127085

(1) A lump sum payment from the provider;

127086

(2) Periodic payments for a period not to exceed twelve	127087
months, in accordance with a schedule approved by the department	127088
or agency;	127089

(3) Appropriately reducing the amounts of medicaid payments	127090
made to the facility for ~~care~~nursing facility services provided	127091
to medicaid eligible residents for a period not to exceed twelve	127092
months following the date on which payment of the fine becomes due	127093
under division (J) of this section. An amount equal to the amount	127094
by which each payment is reduced shall be deposited to the credit	127095
of the residents protection fund in accordance with section	127096
~~5111.62~~5162.66 of the Revised Code.	127097

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	127098
~~services~~medicaid or a contracting agency shall issue an order	127099
denying ~~payment~~medicaid payments to a nursing facility for all	127100
medicaid eligible residents admitted to the facility on or after	127101
the effective date of the order, if the facility has failed to	127102
substantially correct within ninety days after the exit interview	127103
a deficiency or cluster of deficiencies in accordance with the	127104
plan of correction it submitted under section ~~5111.43~~5165.69 of	127105
the Revised Code, as determined by the department of health on the	127106
basis of a follow-up survey.	127107

(B) The department of ~~job and family services~~medicaid or	127108
contracting agency shall issue an order denying ~~payment~~medicaid	127109
payments to a nursing facility for all medicaid eligible residents	127110
admitted to the facility on or after the effective date of the	127111
order, if during three consecutive standard surveys conducted	127112
after December 13, 1990, the department of health has found a	127113
condition of substandard care in a facility.	127114

(C) An order issued under division (A) or (B) of this section	127115
shall take effect on the later of the date the facility receives	127116
the order or the date the public notice required under division	127117
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	127118
The order is subject to appeal under Chapter 119. of the Revised	127119
Code; however the order may take effect prior to or during the	127120
pendency of any hearing under that chapter. In that case, the	127121
department or agency shall provide the facility an opportunity for	127122
a hearing in accordance with section ~~5111.60~~5165.87 of the	127123
Revised Code.	127124

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	127125
department of ~~job and family services~~medicaid or a contracting	127126
agency, at any time during the six-month period following the exit	127127
interview of a survey that was the basis for citing a deficiency	127128
or deficiencies, that the deficiency or deficiencies have been	127129
substantially corrected in accordance with the plan of correction	127130
submitted and approved under section ~~5111.43~~5165.69 of the	127131
Revised Code, the department of health shall conduct a follow-up	127132
survey to determine whether the deficiency or deficiencies have	127133
been substantially corrected in accordance with the plan.	127134

(B) The department of ~~job and family services~~medicaid or a	127135
contracting agency shall terminate a nursing facility's	127136
participation in the ~~medical assistance~~medicaid program whenever	127137
the facility has not substantially corrected, within six months	127138
after the exit interview of the survey on the basis of which it	127139
was cited, a deficiency or deficiencies in accordance with the	127140
plan of correction submitted under section ~~5111.43~~5165.69 of the	127141
Revised Code, as determined by the department of health on the	127142
basis of a follow-up survey.	127143

(C) Unless the facility has substantially corrected the	127144
deficiency or deficiencies in accordance with the plan of	127145
correction, as determined by the department of health on the basis	127146
of a follow-up survey, the department of ~~job and family services~~	127147
medicaid or contracting agency shall deliver to the facility, at	127148
least thirty days prior to the day that is six months after the	127149
exit interview, a written order terminating the facility's	127150
participation in the ~~medical assistance~~medicaid program. The	127151
order shall take effect and the facility's participation shall	127152
terminate on the day that is six months after the exit interview.	127153
The order shall not take effect if, after it is delivered to the	127154
facility and prior to the effective date of the order, the	127155
department of health determines on the basis of a follow-up survey	127156
that the facility has corrected the deficiency or deficiencies.	127157

An order issued under this section is subject to appeal under	127158
Chapter 119. of the Revised Code; however, the order may take	127159
effect prior to or during the pendency of any hearing under that	127160
chapter. In that case, the department of ~~job and family services~~	127161
medicaid or contracting agency shall provide the facility an	127162
opportunity for a hearing in accordance with section ~~5111.60~~	127163
5165.87 of the Revised Code.	127164

(D) Except as provided in division (E) of this section,	127165
whenever the department of ~~job and family services~~medicaid or a	127166
contracting agency terminates a facility's participation in the	127167
~~medical assistance~~medicaid program pursuant to this section, the	127168
provider shall repay the department the federal share of all	127169
medicaid payments made by the department to the facility ~~under the~~	127170
~~medical assistance program~~ during the six-month period following	127171
the exit interview of the survey that was the basis for citing the	127172
deficiency or cluster of deficiencies. The provider shall repay	127173
the department within thirty days after the department repays to	127174
the federal government the federal share of medicaid payments made	127175
to the facility during that six-month period.	127176

(E) A provider is not required to repay the department of ~~job~~	127177
~~and family services~~medicaid if either of the following is the	127178
case:	127179

(1) The facility has brought an appeal under Chapter 119. of	127180
the Revised Code of termination of its participation in the	127181
~~medical assistance~~medicaid program, except that the provider	127182
shall repay the department of ~~job and family services~~medicaid	127183
within thirty days after the facility exhausts its right to appeal	127184
under that chapter.	127185

(2) The facility complied with the plan of correction	127186
approved by the department of health and the obligation to repay	127187
resulted from the department's failure to provide timely	127188
verification to the United States department of health and human	127189
services of the facility's compliance with the plan of correction.	127190

(F) If a provider's obligation to repay the department of ~~job~~	127191
~~and family services~~medicaid under division (D) of this section	127192
results from disallowance of federal financial participation by	127193
the United States department of health and human services, the	127194
provider shall not be required to repay the department of ~~job and~~	127195
~~family services~~medicaid until the federal disallowance becomes	127196
final.	127197

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	127198
5165.89 of the Revised Code during any period for which the	127199
facility is required to repay the department of ~~job and family~~	127200
~~services~~medicaid under division (D) of this section shall be	127201
offset against the amount the provider is required to repay the	127202
department for that period.	127203

(H) Prior to a change of ownership of a facility for which a	127204
provider has an obligation to repay the department of ~~job and~~	127205
~~family services~~medicaid under division (D) of this section that	127206
has not become final, or has become final but not been paid, the	127207
department may do one or more of the following:	127208

(1) Require the provider to place money in escrow, or obtain	127209
a bond, in sufficient amount to indemnify the state against the	127210
provider's failure to repay the department after the change of	127211
ownership occurs;	127212

(2) Place a lien on the facility's real property;

127213

(3) Use any method to recover the medicaid payments that is	127214
available to the attorney general to recover payments on behalf of	127215
the department of ~~job and family services~~medicaid.	127216

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	127217
~~services~~medicaid, the department of health, and any contracting	127218
agency shall deliver a written notice, statement, or order to a	127219
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	127220
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	127221
certified mail or hand delivery. If the notice, statement, or	127222
order is mailed, it shall be addressed to the administrator of the	127223
facility as indicated in the department's or agency's records. If	127224
it is hand delivered, it shall be delivered to a person at the	127225
facility who would appear to the average prudent person to have	127226
authority to accept it.	127227

Delivery of written notice by a nursing facility to the	127228
department of health, the department of ~~job and family services~~	127229
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	127230
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	127231
or hand delivery to the appropriate department or the agency.	127232

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	127233
of this section, the following remedies are subject to appeal	127234
under Chapter 119. of the Revised Code:	127235

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	127236
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127237
terminating a nursing facility's participation in the ~~medical~~	127238
~~assistance~~medicaid program;	127239

(2) Appointment of a temporary manager of a facility under	127240
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	127241
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	127242

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127243
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	127244
the Revised Code denying ~~payment~~medicaid payments to a facility	127245
~~under the medical assistance program~~ for all medicaid eligible	127246
residents admitted after the effective date of the order;	127247

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127248
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	127249
medicaid payments to a facility ~~under the medical assistance~~	127250
~~program~~ for medicaid eligible residents admitted after the	127251
effective date of the order who have certain diagnoses or special	127252
care needs specified by the department or agency;	127253

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	127254
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	127255

(B) The department of ~~job and family services~~medicaid or	127256
contracting agency may do any of the following prior to or during	127257
the pendency of any proceeding under Chapter 119. of the Revised	127258
Code:	127259

(1) Issue and execute an order under section ~~5111.46~~5165.72,	127260
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127261
terminating a nursing facility's participation in the ~~medical~~	127262
~~assistance~~medicaid program;	127263

(2) Appoint a temporary manager under division (A)(1)(b) or	127264
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	127265
~~5111.51~~5165.77 of the Revised Code;	127266

(3) Issue and execute an order under section ~~5111.46~~5165.72,	127267
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	127268
Revised Code denying ~~payment~~medicaid payments to a facility for	127269
all medicaid eligible residents admitted after the effective date	127270
of the order;	127271

(4) Issue and execute an order under section ~~5111.46~~5165.72	127272
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	127273
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	127274
payments to a facility for medicaid eligible residents admitted	127275
after the effective date of the order who have specified diagnoses	127276
or special care needs.	127277

(C) Whenever the department or agency imposes a remedy listed	127278
in division (B) of this section prior to or during the pendency of	127279
a proceeding, all of the following apply:	127280

(1) The provider against whom the action is taken shall have	127281
ten days after the date the facility actually receives the notice	127282
specified in section 119.07 of the Revised Code to request a	127283
hearing.	127284

(2) The hearing shall commence within thirty days after the	127285
date the department or agency receives the provider's request for	127286
a hearing.	127287

(3) The hearing shall continue uninterrupted from day to day,	127288
except for Saturdays, Sundays, and legal holidays, unless other	127289
interruptions are agreed to by the provider and the department or	127290
agency.	127291

(4) If the hearing is conducted by a hearing examiner, the	127292
hearing examiner shall file a report and recommendations within	127293
ten days after the close of the hearing.	127294

(5) The provider shall have five days after the date the	127295
hearing officer files the report and recommendations within which	127296
to file objections to the report and recommendations.	127297

(6) Not later than fifteen days after the date the hearing	127298
officer files the report and recommendations, the medicaid	127299
director ~~of job and family services~~ or the director of the	127300
contracting agency shall issue an order approving, modifying, or	127301
disapproving the report and recommendations of the hearing	127302
examiner.	127303

(D) If the department or agency imposes more than one remedy	127304
as the result of deficiencies cited in a single survey, the	127305
proceedings for all of the remedies shall be consolidated. If any	127306
of the remedies are imposed during the pendency of a hearing, as	127307
permitted by division (B) of this section, the consolidated	127308
hearing shall be conducted in accordance with division (C) of this	127309
section. The consolidation of the remedies for purposes of a	127310
hearing does not affect the effective dates prescribed in sections	127311
~~5111.35~~5165.60 to ~~5111.58~~2165.85 of the Revised Code.	127312

(E) If a contracting agency conducts administrative	127313
proceedings pertaining to remedies imposed under sections ~~5111.35~~	127314
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	127315
~~job and family services~~medicaid shall not be considered a party	127316
to the proceedings.	127317

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	127318
order, as necessary for the administration or enforcement of any	127319
statute relating to nursing facilities, or as provided in division	127320
(C) of this section, the department of ~~job and family services~~	127321
medicaid and any contracting agency shall not release any of the	127322
following information without the permission of the individual or	127323
the individual's legal representative:	127324

(a) The identity of any resident of a nursing facility;

127325

(b) The identity of any individual who submits a complaint	127326
about a nursing facility;	127327

(c) The identity of any individual who provides the	127328
department or agency with information about a nursing facility and	127329
has requested confidentiality;	127330

(d) Any information that reasonably would tend to disclose	127331
the identity of any individual described in division (A)(1)(a) to	127332
(c) of this section.	127333

(2) An agency or individual to whom the department or	127334
contracting agency is required, by court order or for the	127335
administration or enforcement of a statute relating to nursing	127336
facilities, to release information described in division (A)(1) of	127337
this section shall not release the information without the	127338
permission of the individual who would be or would reasonably tend	127339
to be identified, or of the individual's legal representative,	127340
unless the agency or individual is required to release it by	127341
division (C) of this section, by court order, or for the	127342
administration or enforcement of a statute relating to nursing	127343
facilities.	127344

(B) Except as provided in division (C) of this section, any	127345
record that identifies an individual described in division (A)(1)	127346
of this section or that reasonably would tend to identify such an	127347
individual is not a public record for the purposes of section	127348
149.43 of the Revised Code, and is not subject to inspection and	127349
copying under section 1347.08 of the Revised Code.	127350

(C) If the department or a contracting agency, or an agency	127351
or individual to whom the department or contracting agency was	127352
required by court order or for administration or enforcement of a	127353
statute relating to nursing facilities to release information	127354
described in division (A)(1) of this section, uses information in	127355
any administrative or judicial proceeding against a facility that	127356
reasonably would tend to identify an individual described in	127357
division (A)(1) of this section, the department, agency, or	127358
individual shall disclose that information to the facility.	127359
However, the department, agency, or individual shall not disclose	127360
information that directly identifies an individual described in	127361
divisions (A)(1)(a) to (c) of this section, unless the individual	127362
is to testify in the proceedings.	127363

(D) No person shall knowingly register a false complaint	127364
about a nursing facility with the department or a contracting	127365
agency, or knowingly swear or affirm the truth of a false	127366
complaint, when the allegation is made for the purpose of	127367
incriminating another.	127368

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	127369
~~"facility," "medicare," and "medicaid" have the same meanings as~~	127370
~~in section 3721.10 of the Revised Code.~~	127371

The department of health shall be the designee of the	127372
department of ~~job and family services~~medicaid for the purpose of	127373
conducting a hearing pursuant to section 3721.162 of the Revised	127374
Code concerning a nursing facility's decision to transfer or	127375
discharge a resident if the resident is a medicaid recipient or	127376
medicare beneficiary.	127377

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	127378
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	127379
5165.08 of the Revised Code shall be fined not less than five	127380
hundred dollars nor more than one thousand dollars for the first	127381
offense and not less than one thousand dollars nor more than five	127382
thousand dollars for each subsequent offense. Fines paid under	127383
this section shall be deposited in the state treasury to the	127384
credit of the general revenue fund.	127385

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	127386
of the Revised Code is guilty of registering a false complaint, a	127387
misdemeanor of the first degree.	127388

Sec. 5166.01. As used in this chapter:

127389

"Administrative agency" means, with respect to a home and	127390
community-based services medicaid waiver component, the department	127391
of medicaid or, if a state agency or political subdivision	127392
contracts with the department under section 5162.35 of the Revised	127393
Code to administer the component, that state agency or political	127394
subdivision.	127395

"Dual eligible individual" has the same meaning as in section	127396
5160.01 of the Revised Code.	127397

"Home and community-based services medicaid waiver component"	127398
means a medicaid waiver component under which home and	127399
community-based services are provided as an alternative to	127400
hospital services, nursing facility services, or ICF/IID services.	127401

"Hospital" has the same meaning as in section 3727.01 of the	127402
Revised Code.	127403

"Hospital long-term care unit" has the same meaning as in	127404
section 5168.40 of the Revised Code.	127405

"ICDS participant" has the same meaning as in section 5164.01	127406
of the Revised Code.	127407

"ICF/IID" and "ICF/IID services" have the same meanings as in	127408
section 5124.01 of the Revised Code.	127409

"Integrated care delivery system" and "ICDS" have the same	127410
meanings as in section 5164.01 of the Revised Code.	127411

"Level of care determination" means a determination of	127412
whether an individual needs the level of care provided by a	127413
hospital, nursing facility, or ICF/IID and whether the individual,	127414
if determined to need that level of care, would receive hospital	127415
services, nursing facility services, or ICF/IID services if not	127416
for a home and community-based services medicaid waiver component.	127417

"Medicaid buy-in for workers with disabilities program" has	127418
the same meaning as in section 5163.01 of the Revised Code.	127419

"Medicaid services" has the same meaning as in section	127420
5164.01 of the Revised Code.	127421

"Medicaid waiver component" means a component of the medicaid	127422
program authorized by a waiver granted by the United States	127423
department of health and human services under the "Social Security	127424
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	127425
waiver component" does not include a care management system	127426
established under section 5167.03 of the Revised Code.	127427

"Nursing facility" and "nursing facility services" have the	127428
same meanings as in section 5165.01 of the Revised Code.	127429

"Ohio home care waiver program" means the home and	127430
community-based services medicaid waiver component that is known	127431
as Ohio home care and was created pursuant to section 5166.11 of	127432
the Revised Code.	127433

"Ohio transitions II aging carve-out program" means the home	127434
and community-based services medicaid waiver component that is	127435
known as Ohio transitions II aging carve-out and was created	127436
pursuant to section 5166.11 of the Revised Code.	127437

"Provider agreement" has the same meaning as in section	127438
5164.01 of the Revised Code.	127439

"Residential treatment facility" means a residential facility	127440
licensed by the department of mental health and addiction services	127441
under section 5119.34 of the Revised Code, or an institution	127442
certified by the department of job and family services under	127443
section 5103.03 of the Revised Code, that serves children and	127444
either has more than sixteen beds or is part of a campus of	127445
multiple facilities or institutions that, combined, have a total	127446
of more than sixteen beds.	127447

"Skilled nursing facility" has the same meaning as in section	127448
5165.01 of the Revised Code.	127449

"Unified long-term services and support medicaid waiver	127450
component" means the medicaid waiver component authorized by	127451
section 5166.14 of the Revised Code.	127452

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	127453
~~sections 5111.851 to 5111.856 of the Revised Code:~~	127454

~~"Home and community-based services medicaid waiver component"~~	127455
~~means a medicaid waiver component under which home and~~	127456
~~community-based services are provided as an alternative to~~	127457
~~hospital, nursing facility, or intermediate care facility for the~~	127458
~~mentally retarded services.~~	127459

~~"Hospital" has the same meaning as in section 3727.01 of the~~	127460
~~Revised Code.~~	127461

~~"Intermediate care facility for the mentally retarded" has~~	127462
~~the same meaning as in section 5111.20 of the Revised Code.~~	127463

~~"Medicaid waiver component" means a component of the medicaid~~	127464
~~program authorized by a waiver granted by the United States~~	127465
~~department of health and human services under section 1115 or 1915~~	127466
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	127467
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	127468
~~management system established under section 5111.16 of the Revised~~	127469
~~Code.~~	127470

~~"Nursing facility" has the same meaning as in section 5111.20~~	127471
~~of the Revised Code.~~	127472

~~(B)~~ The medicaid director ~~of job and family services may~~	127473
shall adopt rules ~~under~~in accordance with Chapter 119. of the	127474
Revised Code governing medicaid waiver components ~~that~~. The rules	127475
may establish all of the following:	127476

(1) Eligibility requirements for the medicaid waiver	127477
components;	127478

(2) The type, amount, duration, and scope of medicaid	127479
services the medicaid waiver components ~~provide~~cover;	127480

(3) The conditions under which the medicaid waiver components	127481
cover medicaid services;	127482

(4) The ~~amount~~amounts the medicaid waiver components pay for	127483
medicaid services or the ~~method~~methods by which the ~~amount is~~	127484
amounts are determined;	127485

(5) The ~~manner~~manners in which the medicaid waiver	127486
components pay for medicaid services;	127487

(6) Safeguards for the health and welfare of medicaid	127488
recipients receiving medicaid services under a medicaid waiver	127489
component;	127490

(7) Procedures for prioritizing and approving for enrollment	127491
individuals who are eligible for a home and community-based	127492
services medicaid waiver component and choose to be enrolled in	127493
the component;	127494

(8) Procedures for enforcing the rules, including	127495
establishing corrective action plans for, and imposing financial	127496
and administrative sanctions on, persons and government entities	127497
that violate the rules. Sanctions shall include terminating	127498
~~medicaid~~ provider agreements. The procedures shall include due	127499
process protections.	127500

(9) Other policies necessary for the efficient administration	127501
of the medicaid waiver components.	127502

~~(C)~~(B) The director ~~of job and family services~~ may adopt	127503
different rules for the different medicaid waiver components. The	127504
rules shall be consistent with the terms of the waiver authorizing	127505
the medicaid waiver component.	127506

~~(D)~~(C) The following apply to procedures established under	127507
division ~~(B)~~(A)(7) of this section:	127508

(1) Any such procedures established for the medicaid-funded	127509
component of the PASSPORT program shall be consistent with section	127510
~~173.401~~173.521 of the Revised Code.	127511

(2) Any such procedures established for the medicaid-funded	127512
component of the assisted living program shall be consistent with	127513
section 173.542 of the Revised Code.	127514

(3) Any such procedures established for the Ohio home care	127515
waiver program shall be consistent with section ~~5111.862~~5166.121	127516
of the Revised Code.	127517

~~(3)~~(4) Any such procedures established for the unified	127518
long-term services and support medicaid waiver program shall be	127519
consistent with section ~~5111.865~~5166.141 of the Revised Code.	127520

~~(4) Any such procedures established for the medicaid-funded~~	127521
~~component of the assisted living program shall be consistent with~~	127522
~~section 5111.894 of the Revised Code.~~	127523

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	127524
~~services~~ may not submit a request to the United States secretary	127525
of health and human services for a medicaid waiver under ~~section~~	127526
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	127527
1315, unless the director provides the speaker of the house of	127528
representatives and president of the senate written notice of the	127529
director's intent to submit the request at least ten days before	127530
the date the director submits the request to the United States	127531
secretary. The notice shall include a detailed explanation of the	127532
medicaid waiver the director proposes to seek.	127533

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	127534
~~5111.855 of the Revised Code:~~	127535

~~"Administrative agency" means, with respect to a home and~~	127536
~~community-based services medicaid waiver component, the department~~	127537
of ~~job and family services~~ or, if a state agency or political	127538
subdivision contracts with the ~~department~~ under section 5111.91	127539
of the Revised Code to administer the component, that state agency	127540
or political subdivision.	127541

~~"Level of care determination" means a determination of~~	127542
~~whether an individual needs the level of care provided by a~~	127543
~~hospital, nursing facility, or intermediate care facility for the~~	127544
~~mentally retarded and whether the individual, if determined to~~	127545
~~need that level of care, would receive hospital, nursing facility,~~	127546
or ~~intermediate care facility for the mentally retarded~~ services	127547
if not for a home and community-based services medicaid waiver	127548
component.	127549

~~"Medicaid buy-in for workers with disabilities program" means~~	127550
~~the component of the medicaid program established under sections~~	127551
~~5111.70 to 5111.7011 of the Revised Code.~~	127552

~~"Skilled nursing facility" means a facility certified as a~~	127553
~~skilled nursing facility under Title XVIII of the "Social Security~~	127554
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	127555

~~(B)~~ The following requirements apply to each home and	127556
community-based services medicaid waiver component:	127557

~~(1)~~(A) Only an individual who qualifies for a component shall	127558
receive that component's medicaid services.	127559

~~(2)~~(B) A level of care determination shall be made as part of	127560
the process of determining whether an individual qualifies for a	127561
component and shall be made each year after the initial	127562
determination if, during such a subsequent year, the	127563
administrative agency determines there is a reasonable indication	127564
that the individual's needs have changed.	127565

~~(3)~~(C) A written plan of care or individual service plan	127566
based on an individual assessment of the medicaid services that an	127567
individual needs to avoid needing admission to a hospital, nursing	127568
facility, or ~~intermediate care facility for the mentally retarded~~	127569
ICF/IID shall be created for each individual determined eligible	127570
for a component.	127571

~~(4)~~(D) Each individual determined eligible for a component	127572
shall receive that component's medicaid services in accordance	127573
with the individual's level of care determination and written plan	127574
of care or individual service plan.	127575

~~(5)~~(E) No individual may receive medicaid services under a	127576
component while the individual is a hospital inpatient or resident	127577
of a skilled nursing facility, nursing facility, or ~~intermediate~~	127578
~~care facility for the mentally retarded~~ICF/IID.	127579

~~(6)~~(F) No individual may receive prevocational, educational,	127580
or supported employment services under a component if the	127581
individual is eligible for such services that are funded with	127582
federal funds provided under 29 U.S.C. 730 or the "Individuals	127583
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	127584
1400, as amended.	127585

~~(7)~~(G) Safeguards shall be taken to protect the health and	127586
welfare of individuals receiving medicaid services under a	127587
component, including safeguards established in rules adopted under	127588
section ~~5111.85~~5166.02 of the Revised Code and safeguards	127589
established by licensing and certification requirements that are	127590
applicable to the providers of that component's medicaid services.	127591

~~(8)~~(H) No medicaid services may be provided under a component	127592
by a provider that is subject to standards that the "Social	127593
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	127594
be established if the provider fails to comply with the standards	127595
applicable to the provider.	127596

~~(9)~~(I) Individuals determined to be eligible for a component,	127597
or such individuals' representatives, shall be informed of that	127598
component's medicaid services, including any choices that the	127599
individual or representative may make regarding the component's	127600
medicaid services, and given the choice of either receiving	127601
medicaid services under that component or, as appropriate,	127602
hospital services, nursing facility services, or ~~intermediate care~~	127603
~~facility for the mentally retarded~~ICF/IID services.	127604

~~(10)~~(J) No individual shall lose eligibility for services	127605
under a component, or have the services reduced or otherwise	127606
disrupted, on the basis that the individual also receives services	127607
under the medicaid buy-in for workers with disabilities program.	127608

~~(11)~~(K) No individual shall lose eligibility for services	127609
under a component, or have the services reduced or otherwise	127610
disrupted, on the basis that the individual's income or resources	127611
increase to an amount above the eligibility limit for the	127612
component if the individual is participating in the medicaid	127613
buy-in for workers with disabilities program and the amount of the	127614
individual's income or resources does not exceed the eligibility	127615
limit for the medicaid buy-in for workers with disabilities	127616
program.	127617

~~(12)~~(L) No individual receiving services under a component	127618
shall be required to pay any cost sharing expenses for the	127619
services for any period during which the individual also	127620
participates in the medicaid buy-in for workers with disabilities	127621
program.	127622

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	127623
~~services~~medicaid may review and approve, modify, or deny written	127624
plans of care and individual service plans that section ~~5111.851~~	127625
5166.04 of the Revised Code requires be created for individuals	127626
determined eligible for a home and community-based services	127627
medicaid waiver component. If a state agency or political	127628
subdivision contracts with the department under section ~~5111.91~~	127629
5162.35 of the Revised Code to administer a home and	127630
community-based services medicaid waiver component and approves,	127631
modifies, or denies a written plan of care or individual service	127632
plan pursuant to the agency's or subdivision's administration of	127633
the component, the department may review the agency's or	127634
subdivision's approval, modification, or denial and order the	127635
agency or subdivision to reverse or modify the approval,	127636
modification, or denial. The state agency or political subdivision	127637
shall comply with the department's order.	127638

The department of ~~job and family services~~medicaid shall be	127639
granted full and immediate access to any records the department	127640
needs to implement its duties under this section.	127641

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	127642
maintain, for a period of time the department of ~~job and family~~	127643
~~services~~medicaid shall specify, financial records documenting	127644
the costs of medicaid services provided under the home and	127645
community-based services medicaid waiver components that the	127646
agency administers, including records of independent audits. The	127647
administrative agency shall make the financial records available	127648
on request to the United States secretary of health and human	127649
services, United States comptroller general, and their designees.	127650

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	127651
financially accountable for funds expended for medicaid services	127652
~~provided under~~covered by the home and community-based services	127653
medicaid waiver components that the agency administers.	127654

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	127655
subdivision that enters into a contract with the department of ~~job~~	127656
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	127657
Revised Code to administer a home and community-based services	127658
medicaid waiver component, or one or more aspects of such a	127659
component, shall provide the department a written assurance that	127660
the agency or subdivision will not violate any of the requirements	127661
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	127662
Code.	127663

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	127664
efficient and economical administration of medicaid waiver	127665
components, the department of ~~job and family services~~medicaid may	127666
transfer an individual enrolled in a medicaid waiver component	127667
administered by the department to another medicaid waiver	127668
component the department administers if the individual is eligible	127669
for the medicaid waiver component and the transfer does not	127670
jeopardize the individual's health or safety.	127671

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

127672

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	127673
~~the Revised Code.~~	127674

~~(2) "Medicaid waiver component" has the same meaning as in~~	127675
~~section 5111.85 of the Revised Code.~~	127676

~~(3) "Nursing facility" has the same meaning as in section~~	127677
~~5111.20 of the Revised Code.~~	127678

~~(4)~~, "Ohio home care program" means the program the	127679
department of ~~job and family services~~medicaid administers that	127680
provides state plan services and medicaid waiver component	127681
services pursuant to rules adopted ~~under sections 5111.01 and~~	127682
~~5111.02 of the Revised Code~~for the medicaid program and a	127683
medicaid waiver that went into effect July 1, 1998.	127684

(B) The ~~director~~department of ~~job and family services~~	127685
medicaid may ~~submit requests to the United States secretary of~~	127686
~~health and human services pursuant to section 1915 of the "Social~~	127687
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	127688
~~to obtain waivers of federal medicaid requirements that would~~	127689
~~otherwise be violated in the creation and implementation of~~create	127690
and administer two or more medicaid waiver components under which	127691
home and community-based services are provided to eligible	127692
individuals who need the level of care provided by a nursing	127693
facility or hospital. In administering the ~~requests~~medicaid	127694
waiver components, the ~~director~~department may specify the	127695
following:	127696

(1) The maximum number of individuals who may be enrolled in	127697
each of the medicaid waiver components ~~included in the requests~~;	127698

(2) The maximum amount the medicaid program may expend each	127699
year for each individual enrolled in the medicaid waiver	127700
components;	127701

(3) The maximum amount the medicaid program may expend each	127702
year for all individuals enrolled in the medicaid waiver	127703
components;	127704

(4) Any other requirements the ~~director~~department selects	127705
for the medicaid waiver components.	127706

(C) ~~If the secretary approves the medicaid waivers requested~~	127707
~~under this section, the director may create and implement the~~	127708
~~medicaid waiver components in accordance with the provisions of~~	127709
~~the approved waivers. The department of job and family services~~	127710
~~shall administer the medicaid waiver components.~~	127711

(D) After the first of any of the medicaid waiver components	127712
~~created~~that the department administers under this section begins	127713
to enroll eligible individuals, the ~~director~~department may	127714
~~submit to the United States secretary of health and human services~~	127715
~~an amendment to a medicaid waiver component of the Ohio home care~~	127716
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	127717
additional individuals in ~~that~~a medicaid waiver component of the	127718
Ohio home care program. ~~If the secretary approves the amendment,~~	127719
~~the director may cease to enroll additional individuals in that~~	127720
~~medicaid waiver component of the Ohio home care program.~~	127721

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

127722

~~"Medicaid waiver component" has the same meaning as in~~	127723
~~section 5111.85 of the Revised Code.~~	127724

~~"Unified long-term services and support medicaid waiver~~	127725
~~component" means the medicaid waiver component authorized by~~	127726
~~section 5111.864 of the Revised Code.~~	127727

~~(B) Subject to division (C) of this section, there is hereby~~	127728
~~created the Ohio home care program. The program shall provide home~~	127729
~~and community-based services. The department of job and family~~	127730
~~services medicaid shall administer the program.~~	127731

~~(C)~~ If the unified long-term services and support medicaid	127732
waiver component is created, the departments of aging and ~~job and~~	127733
~~family services~~medicaid shall ~~work together~~collaborate to	127734
determine whether the Ohio home care waiver program should	127735
continue to operate as a separate medicaid waiver component or be	127736
terminated. If the departments determine that the Ohio home care	127737
waiver program should be terminated, the program shall cease to	127738
exist on a date the departments shall specify.	127739

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

127740

~~"Hospital long-term care unit" has the same meaning as in~~	127741
~~section 3721.50 of the Revised Code.~~	127742

~~"Nursing facility" has the same meaning as in section 5111.20~~	127743
~~of the Revised Code.~~	127744

~~"Ohio home care program" means the medicaid waiver component~~	127745
~~created under section 5111.861 of the Revised Code.~~	127746

~~"Residential treatment facility" means a residential facility~~	127747
~~licensed by the department of mental health under section 5119.22~~	127748
~~of the Revised Code, or an institution certified by the department~~	127749
~~of job and family services under section 5103.03 of the Revised~~	127750
~~Code, that serves children and either has more than sixteen beds~~	127751
~~or is part of a campus of multiple facilities or institutions~~	127752
~~that, combined, have a total of more than sixteen beds.~~	127753

~~(B) Subject to division (C) of~~Unless the Ohio home care	127754
waiver program is terminated pursuant to section ~~5111.861~~5165.12	127755
of the Revised Code, the department of ~~job and family services~~	127756
medicaid shall establish a home first component for the Ohio home	127757
care waiver program. An individual is eligible for the Ohio home	127758
care waiver program's home first component if the individual has	127759
been determined to be eligible for the Ohio home care waiver	127760
program and at least one of the following applies:	127761

(1) If the individual is under twenty-one years of age, the	127762
individual received inpatient hospital services for at least	127763
fourteen consecutive days, or had at least three inpatient	127764
hospital stays during the twelve months, immediately preceding the	127765
date the individual applies for the Ohio home care waiver program.	127766

(2) If the individual is at least twenty-one but less than	127767
sixty years of age, the individual received inpatient hospital	127768
services for at least fourteen consecutive days immediately	127769
preceding the date the individual applies for the Ohio home care	127770
waiver program.	127771

(3) The individual received private duty nursing services	127772
under the medicaid program for at least twelve consecutive months	127773
immediately preceding the date the individual applies for the Ohio	127774
home care waiver program.	127775

(4) The individual does not reside in a nursing facility or	127776
hospital long-term care unit at the time the individual applies	127777
for the Ohio home care waiver program but is at risk of imminent	127778
admission to a nursing facility or hospital long-term care unit	127779
due to a documented loss of a primary caregiver.	127780

(5) The individual resides in a nursing facility at the time	127781
the individual applies for the Ohio home care waiver program.	127782

(6) At the time the individual applies for the Ohio home care	127783
waiver program, the individual participates in the money follows	127784
the person demonstration project authorized by section 6071 of the	127785
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	127786
and either resides in a residential treatment facility or	127787
inpatient hospital setting.	127788

~~(C)~~(B) An individual determined to be eligible for the home	127789
first component of the Ohio home care waiver program shall be	127790
enrolled in the ~~Ohio home care~~ program in accordance with rules	127791
adopted under section ~~5111.85~~5166.02 of the Revised Code.	127792

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

127793

~~"Medicaid waiver component" has the same meaning as in~~	127794
~~section 5111.85 of the Revised Code.~~	127795

~~"Unified long-term services and support medicaid waiver~~	127796
~~component" means the medicaid waiver component authorized by~~	127797
~~section 5111.864 of the Revised Code.~~	127798

~~(B) Subject to division (C) of this section, there is hereby~~	127799
~~created the Ohio transitions II aging carve-out program. The~~	127800
~~program shall provide home and community-based services. The~~	127801
~~department of job and family services shall administer the~~	127802
~~program.~~	127803

~~(C)~~ If the unified long-term services and support medicaid	127804
waiver component is created, the departments of aging and ~~job and~~	127805
~~family services~~medicaid shall ~~work together~~collaborate to	127806
determine whether the Ohio transitions II aging carve-out program	127807
should continue to operate as a separate medicaid waiver component	127808
or be terminated. If the departments determine that the Ohio	127809
transitions II aging carve-out program should be terminated, the	127810
program shall cease to exist on a date the departments shall	127811
specify.	127812

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

127813

~~"Medicaid waiver component" has the same meaning as in~~	127814
~~section 5111.85 of the Revised Code.~~	127815

~~"Nursing facility" has the same meaning as in section 5111.20~~	127816
~~of the Revised Code.~~	127817

~~(B)~~ The ~~director~~department of ~~job and family services~~	127818
medicaid shall ~~submit a request to the United States secretary of~~	127819
~~health and human services pursuant to section 1915n of the "Social~~	127820
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	127821
~~to obtain approval to~~ create a unified long-term services and	127822
support medicaid waiver component to provide home and	127823
community-based services to eligible individuals of any age who	127824
require the level of care provided by nursing facilities. The	127825
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	127826
collaborate with the ~~director~~department of aging in ~~seeking~~	127827
~~approval of the unified long-term services and support medicaid~~	127828
~~waiver component and, if the approval is obtained, in~~ creating and	127829
implementing the component.	127830

~~If the request to create the unified long-term services and~~	127831
~~support medicaid waiver component is approved, the~~The medicaid	127832
director ~~of job and family services, working~~shall collaborate	127833
with the director of aging~~, shall adopt~~when adopting rules under	127834
section ~~5111.85~~5166.02 of the Revised Code to implement the	127835
component. ~~The rules may authorize the director of aging to adopt~~	127836
~~rules in accordance with Chapter 119. of the Revised Code~~	127837
~~governing aspects of the unified long-term services and support~~	127838
~~medicaid waiver component.~~	127839

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	127840
~~"unified long-term services and support medicaid waiver program"~~	127841
~~or "program" means the medicaid waiver component authorized by~~	127842
~~section 5111.864 of the Revised Code.~~	127843

~~(B) If the United States secretary of health and human~~	127844
~~services approves the request submitted under section 5111.864 of~~	127845
~~the Revised Code to create the unified long-term services and~~	127846
~~support medicaid waiver program, the~~The department of ~~job and~~	127847
~~family services~~medicaid shall establish a home first component	127848
for the unified long-term services and support medicaid waiver	127849
program. The home first component shall be similar to the home	127850
first component of the medicaid-funded component of the PASSPORT	127851
program established under section ~~173.401~~173.521 of the Revised	127852
Code, ~~the home first component of the Ohio home care program~~	127853
~~established under section 5111.862 of the Revised Code, and~~ the	127854
home first component of the medicaid-funded component of the	127855
assisted living program established under section ~~5111.894~~173.542	127856
of the Revised Code, and the home first component of the Ohio home	127857
care waiver program established under section 5166.121 of the	127858
Revised Code.	127859

Sec. 5166.16. (A) As used in this section, "ODA or MCD	127860
medicaid waiver component" means all of the following:	127861

(1) The medicaid-funded component of the PASSPORT program,	127862
unless it is terminated pursuant to division (C) of section 173.52	127863
of the Revised Code;	127864

(2) The choices program, unless it is terminated pursuant to	127865
division (B) of section 173.53 of the Revised Code;	127866

(3) The medicaid-funded component of the assisted living	127867
program, unless it is terminated pursuant to division (C) of	127868
section 173.54 of the Revised Code;	127869

(4) The Ohio home care waiver program, unless it is	127870
terminated pursuant to section 5166.12 of the Revised Code;	127871

(5) The Ohio transitions II aging carve-out program, unless	127872
it is terminated pursuant to section 5166.13 of the Revised Code.	127873

(B) The medicaid director may create a home and	127874
community-based services medicaid waiver component as part of the	127875
integrated care delivery system. If the ICDS medicaid waiver	127876
component is created, both of the following apply:	127877

(1) The department of medicaid shall administer it;

127878

(2) When it begins to accept enrollments, no ICDS participant	127879
who is eligible for the ICDS medicaid waiver component shall be	127880
enrolled in an ODA or MCD medicaid waiver component regardless of	127881
whether the participant prefers to remain or be enrolled in an ODA	127882
or MCD medicaid waiver component.	127883

(C) A dual eligible individual who is eligible for an ODA or	127884
MCD medicaid waiver component may enroll in the component before	127885
the individual becomes an ICDS participant. The dual eligible	127886
individual shall disenroll from the ODA or MCD medicaid waiver	127887
component and enroll in the ICDS medicaid waiver component once	127888
the individual becomes an ICDS participant and it is possible to	127889
enroll the individual in the ICDS medicaid waiver component. The	127890
disenrollment from the ODA or MCD medicaid waiver component and	127891
enrollment into the ICDS medicaid waiver component shall occur	127892
regardless of whether the individual prefers to remain enrolled in	127893
the ODA or MCD medicaid waiver component.	127894

(D) An ICDS participant's disenrollment from an ODA or MCD	127895
medicaid waiver component and enrollment in the ICDS medicaid	127896
waiver component resulting from division (B)(2) or (C) of this	127897
section shall be accomplished without a disruption in the	127898
participant's services under the components.	127899

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	127900
~~5111.871 of the Revised Code:~~	127901

~~(1) "Intermediate care facility for the mentally retarded"~~	127902
~~has the same meaning as in section 5111.20 of the Revised Code.~~	127903

~~(2) "Medicaid waiver component" has the same meaning as in~~	127904
~~section 5111.85 of the Revised Code.~~	127905

~~(B)~~ The ~~director~~department of ~~job and family services~~	127906
medicaid may ~~apply to the United States secretary of health and~~	127907
~~human services for both of~~create the following:	127908

(1) One or more medicaid waiver components under which home	127909
and community-based services are provided to individuals with	127910
mental retardation or other developmental disability as an	127911
alternative to placement in ~~an intermediate care facility for the~~	127912
~~mentally retarded~~ICFs/IID;	127913

(2) One or more medicaid waiver components under which home	127914
and community-based services are provided in the form of any of	127915
the following:	127916

(a) Early intervention and supportive services for children	127917
under three years of age who have developmental delays or	127918
disabilities the ~~director~~department determines are significant;	127919

(b) Therapeutic services for children who have autism;

127920

(c) Specialized habilitative services for individuals who are	127921
eighteen years of age or older and have autism.	127922

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	127923
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	127924
provide services that are available under another medicaid waiver	127925
component. No medicaid waiver component ~~authorized by~~created	127926
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	127927
services to an individual that the individual is eligible to	127928
receive through an individualized education program as defined in	127929
section 3323.01 of the Revised Code.	127930

~~(D)~~(C) The director of developmental disabilities orand	127931
director of health may request that the ~~director~~department of ~~job~~	127932
~~and family services apply for~~medicaid create one or more medicaid	127933
~~waivers~~waiver components under this section.	127934

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	127935
component under this section, the ~~director~~department of ~~job and~~	127936
~~family services~~medicaid shall seek, accept, and consider public	127937
comments.	127938

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	127939
~~services~~medicaid shall enter into a contract with the department	127940
of developmental disabilities under section ~~5111.91~~5162.35 of the	127941
Revised Code with regard to one or more of the medicaid waiver	127942
components ~~established~~created by the department of ~~job and~~	127943
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	127944
Revised Code. ~~Subject, if needed, to the approval of the United~~	127945
~~States secretary of health and human services, the~~The contract	127946
shall include the medicaid waiver component known as the	127947
transitions developmental disabilities waiver. The contract shall	127948
provide for the department of developmental disabilities to	127949
administer the components in accordance with the terms of the	127950
federal medicaid waivers authorizing the components. The contract	127951
shall include a schedule for the department of developmental	127952
disabilities to begin administering the transitions developmental	127953
disabilities waiver. ~~The directors of job and family services and~~	127954
~~developmental disabilities shall adopt rules in accordance with~~	127955
~~Chapter 119. of the Revised Code governing the components.~~	127956

If the department of developmental disabilities or the	127957
department of ~~job and family services~~medicaid denies an	127958
individual's application for home and community-based services	127959
provided under any of these medicaid components, the department	127960
that denied the services shall give timely notice to the	127961
individual that the individual may ~~request a hearing under~~appeal	127962
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127963

The departments of developmental disabilities and ~~job and~~	127964
~~family services~~medicaid may approve, reduce, deny, or terminate a	127965
medicaid service included in the individualized service plan	127966
developed for a medicaid recipient eligible for home and	127967
community-based services provided under any of these medicaid	127968
components. The departments shall consider the recommendations a	127969
county board of developmental disabilities makes under division	127970
(A)(1)(c) of section 5126.055 of the Revised Code. If either	127971
department approves, reduces, denies, or terminates a medicaid	127972
service, that department shall give timely notice to the medicaid	127973
recipient that the recipient may ~~request a hearing under~~appeal	127974
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127975

If supported living, as defined in section 5126.01 of the	127976
Revised Code, is to be provided as a medicaid service under any of	127977
these components, any person or government entity with a current,	127978
valid ~~medicaid~~ provider agreement and a current, valid	127979
certificate under section 5123.161 of the Revised Code may provide	127980
the medicaid service.	127981

If a medicaid service is to be provided under any of these	127982
components by a residential facility, as defined in section	127983
5123.19 of the Revised Code, any person or government entity with	127984
a current, valid ~~medicaid~~ provider agreement and a current, valid	127985
license under section 5123.19 of the Revised Code may provide the	127986
medicaid service.	127987

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	127988
section, when the department of developmental disabilities	127989
allocates enrollment numbers to a county board of developmental	127990
disabilities for home and community-based services specified in	127991
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	127992
and provided under any of the medicaid waiver components that the	127993
department administers under section ~~5111.871~~5166.21 of the	127994
Revised Code, the department shall consider all of the following:	127995

(1) The number of individuals with mental retardation or	127996
other developmental disability who are on a waiting list the	127997
county board establishes under section 5126.042 of the Revised	127998
Code for those services and are given priority on the waiting	127999
list;	128000

(2) The implementation component required by division (A)(3)	128001
of section 5126.054 of the Revised Code of the county board's plan	128002
approved under section 5123.046 of the Revised Code;	128003

(3) Anything else the department considers necessary to	128004
enable county boards to provide those services to individuals in	128005
accordance with the priority requirements for waiting lists	128006
established under section 5126.042 of the Revised Code for those	128007
services.	128008

(B) Division (A) of this section applies to home and	128009
community-based services provided under the medicaid waiver	128010
component known as the transitions developmental disabilities	128011
waiver only to the extent, if any, provided by the contract	128012
required by section ~~5111.871~~5166.21 of the Revised Code regarding	128013
the ~~waiver~~component.	128014

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	128015
section, the medicaid director ~~of job and family services~~ shall	128016
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	128017
of the Revised Code establishing the ~~amount of reimbursement~~	128018
payment amounts or the methods by which the payment amounts of	128019
~~reimbursement~~ are to be determined for home and community-based	128020
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	128021
5166.20 of the Revised Code and provided under the components of	128022
the medicaid program that the department of developmental	128023
disabilities administers under section ~~5111.871~~5166.21 of the	128024
Revised Code. With respect to these rules, all of the following	128025
apply:	128026

(1) The rules shall establish procedures for the department	128027
of developmental disabilities to follow in arranging for the	128028
initial and ongoing collection of cost information from a	128029
comprehensive, statistically valid sample of persons and	128030
government entities providing the services at the time the	128031
information is obtained.	128032

(2) The rules shall establish procedures for the collection	128033
of consumer-specific information through an assessment instrument	128034
the department of developmental disabilities shall provide to the	128035
department of ~~job and family services~~medicaid.	128036

(3) With the information collected pursuant to divisions	128037
(A)(1) and (2) of this section, an analysis of that information,	128038
and other information the director determines relevant, the rules	128039
shall establish ~~reimbursement~~payment standards that do all of the	128040
following:	128041

(a) Assure that ~~reimbursement is~~payment amounts are	128042
consistent with efficiency, economy, and quality of care;	128043

(b) Consider the intensity of consumer resource need;

128044

(c) Recognize variations in different geographic areas	128045
regarding the resources necessary to assure the health and welfare	128046
of consumers;	128047

(d) Recognize variations in environmental supports available	128048
to consumers.	128049

(B) As part of the process of adopting rules ~~under~~authorized	128050
by this section, the director shall consult with the director of	128051
developmental disabilities, representatives of county boards of	128052
developmental disabilities, persons who provide the home and	128053
community-based services, and other persons and government	128054
entities the director identifies.	128055

(C) The ~~directors of job and family services~~medicaid	128056
director and director of developmental disabilities shall review	128057
the rules ~~adopted under~~authorized by this section at times they	128058
determine are necessary to ensure that the ~~amount of reimbursement~~	128059
payment amounts or the methods by which the payment amounts of	128060
~~reimbursement~~ are to be determined continue to meet the	128061
~~reimbursement~~payment standards established under division (A)(3)	128062
of this section.	128063

(D) This section applies to home and community-based services	128064
provided under the medicaid waiver component known as the	128065
transitions developmental disabilities waiver only to the extent,	128066
if any, provided by the contract required by section ~~5111.871~~	128067
5166.21 of the Revised Code regarding the ~~waiver~~component.	128068

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	128069
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	128070

(1) "Adult" means an individual at least eighteen years of	128071
age.	128072

(2) "Appropriate director" means the following:

128073

(a) The medicaid director in the context of all of the	128074
following:	128075

(i) The Ohio home care waiver program, unless it is	128076
terminated pursuant to section 5166.12 of the Revised Code;	128077

(ii) The Ohio transitions II aging carve-out program, unless	128078
it is terminated pursuant to section 5166.13 of the Revised Code;	128079

(iii) The integrated care delivery system medicaid waiver	128080
component authorized by section 5166.16 of the Revised Code.	128081

(b) The director of aging in the context of the	128082
medicaid-funded component of the PASSPORT program, unless it is	128083
terminated pursuant to division (C) of section 173.52 of the	128084
Revised Code.	128085

(3) "Authorized representative" means the following:

128086

(a) In the case of a consumer who is a minor, the consumer's	128087
parent, custodian, or guardian;	128088

(b) In the case of a consumer who is an adult, an individual	128089
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	128090
of the Revised Code to act on the consumer's behalf for purposes	128091
regarding home care attendant services.	128092

~~(3)~~(4) "Authorizing health care professional" means a health	128093
care professional who, pursuant to section ~~5111.887~~5166.307 of	128094
the Revised Code, authorizes a home care attendant to assist a	128095
consumer with self-administration of medication, nursing tasks, or	128096
both.	128097

~~(4)~~(5) "Consumer" means an individual to whom all of the	128098
following apply:	128099

(a) The individual is enrolled in a participating medicaid	128100
waiver component.	128101

(b) The individual has a medically determinable physical	128102
impairment to which both of the following apply:	128103

(i) It is expected to last for a continuous period of not	128104
less than twelve months.	128105

(ii) It causes the individual to require assistance with	128106
activities of daily living, self-care, and mobility, including	128107
either assistance with self-administration of medication or the	128108
performance of nursing tasks, or both.	128109

(c) In the case of an individual who is an adult, the	128110
individual is mentally alert and is, or has an authorized	128111
representative who is, capable of selecting, directing the actions	128112
of, and dismissing a home care attendant.	128113

(d) In the case of an individual who is a minor, the	128114
individual has an authorized representative who is capable of	128115
selecting, directing the actions of, and dismissing a home care	128116
attendant.	128117

~~(5)~~(6) "Controlled substance" has the same meaning as in	128118
section 3719.01 of the Revised Code.	128119

~~(6)~~(7) "Custodian" has the same meaning as in section	128120
2151.011 of the Revised Code.	128121

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	128122
catheter that terminates in the stomach.	128123

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	128124
of the Revised Code.	128125

~~(9)~~(10) "Health care professional" means a physician or	128126
registered nurse.	128127

~~(10)~~(11) "Home care attendant" means an individual holding a	128128
valid ~~medicaid~~ provider agreement in accordance with section	128129
~~5111.881~~5166.301 of the Revised Code that authorizes the	128130
individual to provide home care attendant services to consumers.	128131

~~(11)~~(12) "Home care attendant services" means all of the	128132
following as provided by a home care attendant:	128133

(a) Personal care aide services;

128134

(b) Assistance with the self-administration of medication;

128135

128136

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	128137
catheter that terminates in the jejunum.	128138

~~(13) "Medicaid waiver component" has the same meaning as in~~	128139
~~section 5111.85 of the Revised Code.~~	128140

(14) "Medication" means a drug as defined in section 4729.01	128141
of the Revised Code.	128142

(15) "Minor" means an individual under eighteen years of age.

128143

(16) "Participating medicaid waiver component" means ~~both~~	128144
all of the following:	128145

(a) The medicaid-funded component of the PASSPORT program,	128146
unless it is terminated pursuant to division (C) of section 173.52	128147
of the Revised Code;	128148

(b) The Ohio home care waiver program ~~created under~~, unless	128149
it is terminated pursuant to section ~~5111.861~~5166.12 of the	128150
Revised Code;	128151

~~(b)~~(c) The Ohio transitions II aging carve-out program	128152
~~created under~~, unless it is terminated pursuant to section	128153
~~5111.863~~5166.13 of the Revised Code;	128154

(d) The integrated care delivery system medicaid waiver	128155
component authorized by section 5166.16 of the Revised Code.	128156

(17) "Physician" means an individual authorized under Chapter	128157
4731. of the Revised Code to practice medicine and surgery or	128158
osteopathic medicine and surgery.	128159

(18) "Practice of nursing as a registered nurse," "practice	128160
of nursing as a licensed practical nurse," and "registered nurse"	128161
have the same meanings as in section 4723.01 of the Revised Code.	128162
"Registered nurse" includes an advanced practice registered nurse,	128163
as defined in section 4723.01 of the Revised Code.	128164

(19) "Schedule II," "schedule III," "schedule IV," and	128165
"schedule V" have the same meanings as in section 3719.01 of the	128166
Revised Code.	128167

(B) ~~The director of job and family services may submit~~	128168
~~requests to the United States secretary of health and human~~	128169
~~services to amend the federal medicaid waivers authorizing the~~	128170
~~participating~~Participating medicaid waiver components ~~to have~~	128171
~~those components~~may cover home care attendant services in	128172
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	128173
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	128174
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	128175
~~5111.8811 of the Revised Code, those sections shall be implemented~~	128176
~~regarding a participating medicaid waiver component only if the~~	128177
~~secretary approves a waiver amendment for the component.~~	128178

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	128179
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	128180
with an individual to authorize the individual to provide home	128181
care attendant services to consumers if the individual does both	128182
of the following:	128183

(A) Agrees to comply with the requirements of sections	128184
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	128185
section ~~5111.8811~~5166.02 of the Revised Code;	128186

(B) Provides the director evidence satisfactory to the	128187
director of all of the following:	128188

(1) That the individual either meets the personnel	128189
qualifications specified in 42 C.F.R. 484.4 for home health aides	128190
or has successfully completed at least one of the following:	128191

(a) A competency evaluation program or training and	128192
competency evaluation program approved or conducted by the	128193
director of health under section 3721.31 of the Revised Code;	128194

(b) A training program approved by the ~~department of job and~~	128195
~~family services~~appropriate director that includes training in at	128196
least all of the following and provides training equivalent to a	128197
training and competency evaluation program specified in division	128198
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	128199
484.36(a):	128200

(i) Basic home safety;

128201

(ii) Universal precautions for the prevention of disease	128202
transmission, including hand-washing and proper disposal of bodily	128203
waste and medical instruments that are sharp or may produce sharp	128204
pieces if broken;	128205

(iii) Personal care aide services;

128206

(iv) The labeling, counting, and storage requirements for	128207
schedule II, III, IV, and V medications.	128208

(2) That the individual has obtained a certificate of	128209
completion of a course in first aid from a first aid course to	128210
which all of the following apply:	128211

(a) It is not provided solely through the internet.

128212

(b) It includes hands-on training provided by a first aid	128213
instructor who is qualified to provide such training according to	128214
standards set in rules adopted under section ~~5111.8811~~5166.02 of	128215
the Revised Code.	128216

(c) It requires the individual to demonstrate successfully	128217
that the individual has learned the first aid taught in the	128218
course.	128219

(3) That the individual meets any other requirements for the	128220
medicaid provider agreement specified in rules adopted under	128221
section ~~5111.8811~~5166.02 of the Revised Code.	128222

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	128223
not less than twelve hours of in-service continuing education	128224
regarding home care attendant services each year and provide the	128225
appropriate director ~~of job and family services~~ evidence	128226
satisfactory to the appropriate director that the attendant	128227
satisfied this requirement. The evidence shall be submitted to the	128228
appropriate director not later than the annual anniversary of the	128229
issuance of the home care attendant's initial ~~medicaid~~ provider	128230
agreement.	128231

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	128232
of the following:	128233

(A) Maintain a clinical record for each consumer to whom the	128234
attendant provides home care attendant services in a manner that	128235
protects the consumer's privacy;	128236

(B) Participate in a face-to-face visit every ninety days	128237
with all of the following to monitor the health and welfare of	128238
each of the consumers to whom the attendant provides home care	128239
attendant services:	128240

(1) The consumer;

128241

(2) The consumer's authorized representative, if any;

128242

(3) A registered nurse who agrees to answer any questions	128243
that the attendant, consumer, or authorized representative has	128244
about consumer care needs, medications, and other issues.	128245

(C) Document the activities of each visit required by	128246
division (B) of this section in the consumer's clinical record	128247
with the assistance of the registered nurse.	128248

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	128249
a consumer with nursing tasks or self-administration of medication	128250
only after the attendant does both of the following:	128251

(1) Subject to division (B) of this section, completes	128252
consumer-specific training in how to provide the assistance that	128253
the authorizing health care professional authorizes the attendant	128254
to provide to the consumer;	128255

(2) At the request of the consumer, consumer's authorized	128256
representative, or authorizing health care professional,	128257
successfully demonstrates that the attendant has learned how to	128258
provide the authorized assistance to the consumer.	128259

(B) The training required by division (A)(1) of this section	128260
shall be provided by either of the following:	128261

(1) The authorizing health care professional;

128262

(2) The consumer or consumer's authorized representative in	128263
cooperation with the authorizing health care professional.	128264

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	128265
with both of the following when assisting a consumer with nursing	128266
tasks or self-administration of medication:	128267

(A) The written consent of the consumer or consumer's	128268
authorized representative provided to the appropriate director of	128269
~~job and family services~~ under section ~~5111.886~~5166.306 of the	128270
Revised Code;	128271

(B) The authorizing health care professional's written	128272
authorization provided to the appropriate director under section	128273
~~5111.887~~5166.307 of the Revised Code.	128274

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	128275
assisting a consumer with nursing tasks or self-administration of	128276
medication, the consumer or consumer's authorized representative	128277
shall provide the appropriate director ~~of job and family services~~	128278
a written statement signed by the consumer or authorized	128279
representative under which the consumer or authorized	128280
representative consents to both of the following:	128281

(A) Having the attendant assist the consumer with nursing	128282
tasks or self-administration of medication;	128283

(B) Assuming responsibility for directing the attendant when	128284
the attendant assists the consumer with nursing tasks or	128285
self-administration of medication.	128286

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	128287
to assist a consumer with nursing tasks or self-administration of	128288
medication, a health care professional shall provide the	128289
appropriate director ~~of job and family services~~ a written	128290
statement signed by the health care professional that includes all	128291
of the following:	128292

(A) The consumer's name and address;

128293

(B) A description of the nursing tasks or self-administration	128294
of medication with which the attendant is to assist the consumer,	128295
including, in the case of assistance with self-administration of	128296
medication, the name and dosage of the medication;	128297

(C) The times or intervals when the attendant is to assist	128298
the consumer with the self-administration of each dosage of the	128299
medication or nursing tasks;	128300

(D) The dates the attendant is to begin and cease providing	128301
the assistance;	128302

(E) A list of severe adverse reactions the attendant must	128303
report to the health care professional should the consumer	128304
experience one or more of the reactions;	128305

(F) At least one telephone number at which the attendant can	128306
reach the health care professional in an emergency;	128307

(G) Instructions the attendant is to follow when assisting	128308
the consumer with nursing tasks or self-administration of	128309
medication, including instructions for maintaining sterile	128310
conditions and for storage of task-related equipment and supplies;	128311

(H) The health care professional's attestation of both of the	128312
following:	128313

(1) That the consumer or consumer's authorized representative	128314
has demonstrated to the health care professional the ability to	128315
direct the attendant;	128316

(2) That the attendant has demonstrated to the health care	128317
professional the ability to provide the consumer assistance with	128318
nursing tasks or self-administration of medication that the health	128319
care professional has specifically authorized the attendant to	128320
provide and that the consumer or consumer's authorized	128321
representative has indicated to the health care professional that	128322
the consumer or authorized representative is satisfied with the	128323
attendant's demonstration.	128324

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	128325
attendant to assist a consumer with nursing tasks or	128326
self-administration of medication, a health care professional may	128327
not authorize a home care attendant to do any of the following:	128328

(A) Perform a task that is outside of the health care	128329
professional's scope of practice;	128330

(B) Assist the consumer with the self-administration of a	128331
medication, including a schedule II, schedule III, schedule IV, or	128332
schedule V drug unless both of the following apply:	128333

(1) The medication is administered orally, topically, or via	128334
a gastrostomy tube or jejunostomy tube, including through any of	128335
the following:	128336

(a) In the case of an oral medication, a metered dose	128337
inhaler;	128338

(b) In the case of a topical medication, including a	128339
transdermal medication, either of the following:	128340

(i) An eye, ear, or nose drop or spray;

128341

(ii) A vaginal or rectal suppository.

128342

(c) In the case of a gastrostomy tube or jejunostomy tube,	128343
only through a pre-programmed pump.	128344

(2) The medication is in its original container and the label	128345
attached to the container displays all of the following:	128346

(a) The consumer's full name in print;

128347

(b) The medication's dispensing date, which must not be more	128348
than twelve months before the date the attendant assists the	128349
consumer with self-administration of the medication;	128350

(c) The exact dosage and means of administration that match	128351
the health care professional's authorization to the attendant.	128352

(C) Assist the consumer with the self-administration of a	128353
schedule II, schedule III, schedule IV, or schedule V medication	128354
unless, in addition to meeting the requirements of division (B) of	128355
this section, all of the following apply:	128356

(1) The medication has a warning label on its container.

128357

(2) The attendant counts the medication in the consumer's or	128358
authorized representative's presence when the medication is	128359
administered to the consumer and records the count on a form used	128360
for the count as specified in rules adopted under section	128361
~~5111.8811~~5166.02 of the Revised Code.	128362

(3) The attendant recounts the medication in the consumer's	128363
or authorized representative's presence at least monthly and	128364
reconciles the recount on a log located in the consumer's clinical	128365
record.	128366

(4) The medication is stored separately from all other	128367
medications and is secured and locked at all times when not being	128368
administered to the consumer to prevent unauthorized access.	128369

(D) Perform an intramuscular injection;

128370

(E) Perform a subcutaneous injection unless it is for a	128371
routine dose of insulin;	128372

(F) Program a pump used to deliver a medication unless the	128373
pump is used to deliver a routine dose of insulin;	128374

(G) Insert, remove, or discontinue an intravenous access	128375
device;	128376

(H) Engage in intravenous medication administration;

128377

(I) Insert or initiate an infusion therapy;

128378

(J) Perform a central line dressing change.

128379

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	128380
home care attendant services to a consumer in accordance with the	128381
authorizing health care professional's authorization does not	128382
engage in the practice of nursing as a registered nurse or in the	128383
practice of nursing as a licensed practical nurse in violation of	128384
section 4723.03 of the Revised Code.	128385

A consumer or the consumer's authorized representative shall	128386
report to the appropriate director ~~of job and family services~~ if a	128387
home care attendant engages in the practice of nursing as a	128388
registered nurse or the practice of nursing as a licensed	128389
practical nurse beyond the authorizing health care professional's	128390
authorization. The appropriate director shall forward a copy of	128391
each report to the board of nursing.	128392

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	128393
select an individual to act on the consumer's behalf for purposes	128394
regarding home care attendant services by submitting a written	128395
notice of the consumer's selection of an authorized representative	128396
to the appropriate director ~~of job and family services~~. The	128397
notice shall specifically identify the individual the consumer	128398
selects as authorized representative and may limit what the	128399
authorized representative may do on the consumer's behalf	128400
regarding home care attendant services. A consumer may not select	128401
the consumer's home care attendant to be the consumer's authorized	128402
representative.	128403

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

128404

~~(1) "Home and community-based services medicaid waiver~~	128405
~~component" has the same meaning as in section 5111.85 of the~~	128406
~~Revised Code.~~	128407

~~(2) "Nursing facility" has the same meaning as in section~~	128408
~~5111.20 of the Revised Code.~~	128409

~~(B) To the extent funds are available, the~~The medicaid	128410
director ~~of job and family services~~ may establish the Ohio access	128411
success project to help medicaid recipients make the transition	128412
from residing in a nursing ~~facility~~facilities to residing in a	128413
community ~~setting~~settings. The project may be established as a	128414
separate nonmedicaid program or integrated into a new or existing	128415
home and community-based services medicaid waiver component. The	128416
director shall permit any medicaid recipient ~~of medicaid-funded~~	128417
receiving nursing facility services to apply for participation in	128418
the project, but may limit the number of project participants.	128419

The director shall ensure that an assessment of an applicant	128420
is conducted as soon as practicable to determine whether the	128421
applicant is eligible for participation in the project. To the	128422
maximum extent possible, the assessment and eligibility	128423
determination shall be completed not later than the date that	128424
occurs six months after the applicant ~~became a recipient of~~	128425
~~medicaid-funded~~begins to receive nursing facility services.	128426

~~(C)~~(B) To be eligible for benefits under the project, a	128427
medicaid recipient must satisfy all of the following requirements:	128428

(1) The medicaid recipient must be ~~a recipient of~~	128429
~~medicaid-funded~~receiving nursing facility services, at the time	128430
of applying for the project benefits.	128431

(2) If the project is established as a nonmedicaid program,	128432
the medicaid recipient must be able to remain in the community as	128433
a result of receiving project benefits and the projected cost of	128434
the benefits to the project does not exceed eighty per cent of the	128435
average monthly medicaid cost of a medicaid recipient in a nursing	128436
facility.	128437

(3) If the project is integrated into a home and	128438
community-based services medicaid waiver component, the medicaid	128439
recipient must meet the waiver component's enrollment criteria.	128440

~~(D)~~(C) If the director establishes the Ohio access success	128441
project, the benefits provided under the project may include	128442
payment of all of the following:	128443

(1) The first month's rent in a community setting;

128444

(2) Rental deposits;

128445

(3) Utility deposits;

128446

(4) Moving expenses;

128447

(5) Other expenses not covered by the medicaid program that	128448
facilitate a medicaid recipient's move from a nursing facility to	128449
a community setting.	128450

~~(E)~~(D) If the project is established as a nonmedicaid	128451
program, no participant may receive more than two thousand	128452
dollars' worth of benefits under the project.	128453

~~(F)~~(E) If the department of ~~job and family services~~medicaid	128454
enters into a contract with an entity to provide fiscal management	128455
services regarding the project, the contract may provide for a	128456
portion of a participant's benefits under the project to be paid	128457
to the contracting entity. The contract shall specify the portion	128458
to be paid to the contracting entity.	128459

~~(G) The director may submit a request to the United States~~	128460
~~secretary of health and human services pursuant to section 1915 of~~	128461
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	128462
~~as amended, to create a home and community-based services medicaid~~	128463
~~waiver component to serve individuals who meet the criteria for~~	128464
~~participation in the Ohio access success project.~~	128465

~~(H)~~(F) The director may adopt rules in accordance with	128466
Chapter 119. of the Revised Code for the administration and	128467
operation of the project. If the project is integrated into a home	128468
and community-based services medicaid waiver component, the rules	128469
shall be adopted under section ~~5111.85~~5166.02 of the Revised	128470
Code.	128471

Sec. 5167.01. As used in this chapter:

128472

(A) "Controlled substance" has the same meaning as in section	128473
3719.01 of the Revised Code.	128474

(B) "Dual eligible individual" has the same meaning as in	128475
section 5160.01 of the Revised Code.	128476

(C) "Emergency services" has the same meaning as in the	128477
"Social Security Act," section 1932(b)(2), 42 U.S.C.	128478
1396u-2(b)(2).	128479

(D) "Home and community-based services medicaid waiver	128480
component" has the same meaning as in section 5166.01 of the	128481
Revised Code.	128482

(E) "Medicaid managed care organization" means a managed care	128483
organization under contract with the department of medicaid	128484
pursuant to section 5167.10 of the Revised Code.	128485

(F) "Medicaid waiver component" has the same meaning as in	128486
section 5166.01 of the Revised Code.	128487

(G) "Nursing facility" has the same meaning as in section	128488
5165.01 of the Revised Code.	128489

(H) "Prescribed drug" has the same meaning as in section	128490
5164.01 of the Revised Code.	128491

(I) "Provider" means any person or government entity that	128492
furnishes services to a medicaid recipient enrolled in a medicaid	128493
managed care organization, regardless of whether the person or	128494
entity has a provider agreement.	128495

(J) "Provider agreement" has the same meaning as in section	128496
5164.01 of the Revised Code.	128497

Sec. 5167.02. The medicaid director shall adopt rules as	128498
necessary to implement this chapter. The rules shall be adopted in	128499
accordance with Chapter 119. of the Revised Code.	128500

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	128501
the department of ~~job and family services~~medicaid shall establish	128502
a care management system. ~~The department shall submit, if~~	128503
~~necessary, applications to the United States department of health~~	128504
~~and human services for waivers of federal medicaid requirements~~	128505
~~that would otherwise be violated in the implementation of the~~	128506
~~system.~~	128507

(B) The department shall implement the care management system	128508
in some or all counties and shall designate the medicaid	128509
recipients who are required or permitted to participate in the	128510
system. In the department's implementation of the system and	128511
designation of participants, all of the following apply:	128512

(1) In the case of individuals who receive medicaid on the	128513
basis of being included in the category identified by the	128514
department as covered families and children, the department shall	128515
implement the care management system in all counties. All	128516
individuals included in the category shall be designated for	128517
participation, except for individuals included in one or more of	128518
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	128519
The department shall ensure that all participants are enrolled in	128520
medicaid managed care organizations that are health insuring	128521
corporations ~~under contract with the department pursuant to~~	128522
~~section 5111.17 of the Revised Code~~.	128523

(2) In the case of individuals who receive medicaid on the	128524
basis of being aged, blind, or disabled, ~~as specified in division~~	128525
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	128526
shall implement the care management system in all counties. Except	128527
as provided in division (C) of this section, all individuals	128528
included in the category shall be designated for participation.	128529
The department shall ensure that all participants are enrolled in	128530
medicaid managed care organizations that are health insuring	128531
corporations ~~under contract with the department pursuant to~~	128532
~~section 5111.17 of the Revised Code~~.	128533

(3) Alcohol, drug addiction, and mental health services	128534
covered by medicaid shall not be included in any component of the	128535
care management system when the nonfederal share of the cost of	128536
those services is provided by a board of alcohol, drug addiction,	128537
and mental health services or a state agency other than the	128538
department of ~~job and family services~~medicaid, but the recipients	128539
of those services may otherwise be designated for participation in	128540
the system.	128541

(C)(1) In designating participants who receive medicaid on	128542
the basis of being aged, blind, or disabled, the department shall	128543
not include any of the following, except as provided under	128544
division (C)(2) of this section:	128545

(a) Individuals who are under twenty-one years of age;

128546

(b) Individuals who are institutionalized;

128547

(c) Individuals who become eligible for medicaid by spending	128548
down their income or resources to a level that meets the medicaid	128549
program's financial eligibility requirements;	128550

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128551
~~medicaid program and the medicare program established under Title~~	128552
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	128553
~~1395, as amended~~individuals;	128554

(e) Individuals to the extent that they are receiving	128555
medicaid services through a medicaid waiver component~~, as defined~~	128556
~~in section 5111.85 of the Revised Code~~.	128557

(2) ~~If any necessary waiver of federal medicaid requirements~~	128558
~~is granted, the~~The department may designate any of the following	128559
individuals who receive medicaid on the basis of being aged,	128560
blind, or disabled as individuals who are permitted or required to	128561
participate in the care management system:	128562

(a) Individuals who are under twenty-one years of age;

128563

(b) Individuals who reside in a nursing facility~~, as defined~~	128564
~~in section 5111.20 of the Revised Code~~;	128565

(c) Individuals who, as an alternative to receiving nursing	128566
facility services, are participating in a home and community-based	128567
services medicaid waiver component~~, as defined in section 5111.85~~	128568
~~of the Revised Code~~;	128569

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128570
~~medicaid program and the medicare program~~individuals.	128571

(D) Subject to division (B) of this section, the department	128572
may do both of the following under the care management system:	128573

(1) Require or permit participants in the system to obtain	128574
health care services from providers designated by the department;	128575

(2) Require or permit participants in the system to obtain	128576
health care services through medicaid managed care organizations	128577
~~under contract with the department pursuant to section 5111.17 of~~	128578
~~the Revised Code~~.	128579

~~(E)(1) The department shall prepare an annual report on the~~	128580
~~care management system. The report shall address the department's~~	128581
~~ability to implement the system, including all of the following~~	128582
~~components:~~	128583

~~(a) The required designation of participants included in the~~	128584
~~category identified by the department as covered families and~~	128585
~~children;~~	128586

~~(b) The required designation of participants included in the~~	128587
~~aged, blind, or disabled category of medicaid recipients;~~	128588

~~(c) The use of any programs for enhanced care management.~~

128589

~~(2) The department shall submit each annual report to the~~	128590
~~general assembly. The first report shall be submitted not later~~	128591
~~than October 1, 2007.~~	128592

~~(F) The director of job and family services may adopt rules~~	128593
~~in accordance with Chapter 119. of the Revised Code to implement~~	128594
~~this section.~~	128595

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

128596

(1) "Children's care network" means any of the following:

128597

(a) A children's hospital;

128598

(b) A group of children's hospitals;

128599

128600

(2) "Children's hospital" has the same meaning as in section	128601
2151.86 of the Revised Code.	128602

(B) If the department of ~~job and family services~~medicaid	128603
includes in the care management system, pursuant to section	128604
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	128605
years of age who are included in the category of individuals who	128606
receive medicaid on the basis of being aged, blind, or disabled,	128607
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	128608
~~Code,~~ the department ~~shall develop a system to~~may recognize	128609
entities as pediatric accountable care organizations. ~~The purpose~~	128610
~~of the recognition system shall be to meet the complex medical and~~	128611
~~behavioral needs of disabled children through new approaches to~~	128612
~~care coordination. The department shall implement the recognition~~	128613
~~system not later than July 1, 2012.~~	128614

An entity recognized by the department as a pediatric	128615
accountable care organization may develop innovative partnerships	128616
between relevant groups and may contract directly or subcontract	128617
with the state to provide care coordination and other services to	128618
the medicaid recipients under twenty-one years of age described in	128619
this division who are permitted or required to participate in the	128620
care management system.	128621

(C)(1) To be recognized by the department as a pediatric	128622
accountable care organization, an entity shall meet the standards	128623
established ~~in rules adopted under this section~~by the department.	128624
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	128625
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	128626
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	128627
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	128628
to those sections, and the laws of this state, the department	128629
shall not require that an entity be a health insuring corporation	128630
as a condition of receiving the department's recognition.	128631

(2) Any of the following entities may receive the	128632
department's recognition, if the standards for recognition have	128633
been met:	128634

(a) A children's care network;

128635

(b) A children's care network that may include one or more	128636
other entities, including, but not limited to, health insuring	128637
corporations or other managed care organizations;	128638

128639

(D) The ~~department~~medicaid director shall consult with all	128640
of the following in adopting rules ~~under~~authorized by division	128641
(E) of this section necessary for an entity to be recognized by	128642
the department as a pediatric accountable care organization:	128643

(1) The superintendent of insurance;

128644

(2) Children's hospitals;

128645

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	128646
~~contract pursuant to section 5111.17 of the Revised Code~~;	128647

(4) Any other relevant entities, as determined necessary by	128648
the department, with interests in pediatric accountable care	128649
organizations.	128650

(E) ~~The department shall adopt rules in accordance with~~	128651
~~Chapter 119. of the Revised Code as necessary to implement this~~	128652
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	128653
Revised Code, the ~~department~~medicaid director shall do all of the	128654
following:	128655

(1) Establish application procedures to be followed by an	128656
entity seeking recognition as a pediatric accountable care	128657
organization;	128658

(2) Ensure that the standards for recognition as a pediatric	128659
accountable care organization are the same as and do not conflict	128660
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	128661
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	128662
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	128663
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	128664
pursuant to those sections;	128665

(3) Establish requirements regarding the access to pediatric	128666
specialty care provided through or by a pediatric accountable care	128667
organization;	128668

(4) Establish accountability and financial requirements for	128669
an entity recognized as a pediatric accountable care organization;	128670

(5) Establish quality improvement initiatives consistent with	128671
any state medicaid quality plan established by the department;	128672

(6) Establish transparency and consumer protection	128673
requirements for an entity recognized as a pediatric accountable	128674
care organization;	128675

(7) Establish a process for sharing data.

128676

(F) This section does not limit the authority of the	128677
department of insurance to regulate the business of insurance in	128678
this state.	128679

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	128680
~~services~~medicaid may enter into contracts with managed care	128681
organizations, including health insuring corporations, under which	128682
the organizations are authorized to provide, or arrange for the	128683
provision of, health care services to ~~medical assistance~~medicaid	128684
recipients who are required or permitted to obtain health care	128685
services through managed care organizations as part of the care	128686
management system established under section ~~5111.16~~5167.03 of the	128687
Revised Code.	128688

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	128689
the department or its actuary shall base the hospital inpatient	128690
capital payment portion of the payment made to managed care	128691
organizations on data for services provided to all recipients	128692
enrolled in managed care organizations with which the department	128693
contracts, as reported by hospitals on relevant cost reports	128694
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	128695
the Revised Code.	128696

(2)(a) The hospital inpatient capital payment portion of the	128697
payment made to medicaid managed care organizations shall not	128698
exceed any maximum rate established by the department pursuant to	128699
rules adopted under this section.	128700

(b) If a maximum rate is established, a medicaid managed care	128701
organization shall not compensate hospitals for inpatient capital	128702
costs in an amount that exceeds that rate.	128703

(C) ~~The director of job and family services may adopt rules~~	128704
~~in accordance with Chapter 119. of the Revised Code to implement~~	128705
~~this section.~~	128706

~~(D)~~ The department of ~~job and family services~~medicaid shall	128707
allow a medicaid managed care organization to use providers to	128708
render care upon completion of the medicaid managed care	128709
organization's credentialing process.	128710

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	128711
~~5111.17~~5167.10 of the Revised Code with a health insuring	128712
corporation that holds a certificate of authority under Chapter	128713
1751. of the Revised Code, the department of ~~job and family~~	128714
~~services~~medicaid shall require the health insuring corporation to	128715
provide a grievance process for medicaid recipients in accordance	128716
with 42 C.F.R. 438, subpart F.	128717

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	128718
~~5111.17~~5167.10 of the Revised Code with a managed care	128719
organization that is a health insuring corporation, the department	128720
of ~~job and family services~~medicaid shall require the health	128721
insuring corporation to provide coverage of ~~prescription~~	128722
prescribed drugs for medicaid recipients enrolled in the health	128723
insuring corporation. In providing the required coverage, the	128724
health insuring corporation may, subject to the department's	128725
approval and the limitations specified in division (B) of this	128726
section, use strategies for the management of drug utilization.	128727

(B) The department shall not permit a health insuring	128728
corporation to impose a prior authorization requirement in the	128729
case of a drug to which all of the following apply:	128730

(1) The drug is an antidepressant or antipsychotic.

128731

(2) The drug is administered or dispensed in a standard	128732
tablet or capsule form, except that in the case of an	128733
antipsychotic, the drug also may be administered or dispensed in a	128734
long-acting injectable form.	128735

(3) The drug is prescribed by either of the following:

128736

(a) A physician whom the health insuring corporation,	128737
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	128738
Code, has credentialed to provide care as a psychiatrist;	128739

(b) A psychiatrist practicing at a community mental health	128740
~~agency~~services provider certified by the department of ~~mental~~	128741
~~health~~mental health and addiction services under section	128742
~~5119.611~~5119.36 of the Revised Code.	128743

(4) The drug is prescribed for a use that is indicated on the	128744
drug's labeling, as approved by the federal food and drug	128745
administration.	128746

(C) ~~As used in this division, "controlled substance" has the~~	128747
~~same meaning as in section 3719.01 of the Revised Code.~~	128748

The department shall permit a health insuring corporation to	128749
develop and implement a pharmacy utilization management program	128750
under which prior authorization through the program is established	128751
as a condition of obtaining a controlled substance pursuant to a	128752
prescription.	128753

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	128754
~~and family services~~medicaid enters into with a managed care	128755
organization under section ~~5111.17~~5167.10 of the Revised Code	128756
shall require the managed care organization to implement a	128757
coordinated services program for medicaid recipients enrolled in	128758
the organization who are found to have obtained ~~prescription~~	128759
prescribed drugs under the medicaid program at a frequency or in	128760
an amount that is not medically necessary. The program shall be	128761
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	128762
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	128763
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	128764
431.54(e).	128765

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	128766
~~and family services~~medicaid enters into with a managed care	128767
organization under section ~~5111.17~~5167.10 of the Revised Code	128768
shall require the managed care organization to enter into a data	128769
security agreement with the state board of pharmacy governing the	128770
managed care organization's use of the board's drug database	128771
established and maintained under section 4729.75 of the Revised	128772
Code.	128773

This section does not apply if the board no longer maintains	128774
the drug database.	128775

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

128776

~~(1) "Emergency services" has the same meaning as in section~~	128777
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128778
~~U.S.C. 1396u-2(b)(2), as amended.~~	128779

~~(2) "Medicaid managed care organization" means a managed care~~	128780
~~organization that has entered into a contract with the department~~	128781
~~of job and family services pursuant to section 5111.17 of the~~	128782
~~Revised Code.~~	128783

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	128784
when a participant in the care management system established under	128785
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	128786
medicaid managed care organization and the organization refers the	128787
participant to receive services, other than emergency services	128788
provided on or after January 1, 2007, at a hospital that	128789
participates in the medicaid program but is not under contract	128790
with the organization, the hospital shall provide the service for	128791
which the referral was made and shall accept from the	128792
organization, as payment in full, the amount derived from the	128793
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	128794
other hospitals of the same type for providing the same service to	128795
a medicaid recipient who is not enrolled in a medicaid managed	128796
care organization.	128797

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	128798
section if all of the following are the case:	128799

(1) The hospital is located in a county in which participants	128800
in the care management system are required before January 1, 2006,	128801
to be enrolled in a medicaid managed care organization that is a	128802
health insuring corporation;	128803

(2) The hospital has entered into a contract before January	128804
1, 2006, with at least one health insuring corporation serving the	128805
participants specified in division ~~(C)~~(B)(1) of this section;	128806

(3) The hospital remains under contract with at least one	128807
health insuring corporation serving participants in the care	128808
management system who are required to be enrolled in a health	128809
insuring corporation.	128810

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	128811
adopt rules under section 5167.02 of the Revised Code specifying	128812
the circumstances under which a medicaid managed care organization	128813
is permitted to refer a participant in the care management system	128814
to a hospital that is not under contract with the organization.	128815
~~The director may adopt any other rules necessary to implement this~~	128816
~~section. All rules adopted under this section shall be adopted in~~	128817
~~accordance with Chapter 119. of the Revised Code.~~	128818

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

128819

~~(1) "Emergency services" has the same meaning as in section~~	128820
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128821
~~U.S.C. 1396u-2(b)(2), as amended.~~	128822

~~(2) "Medicaid managed care organization" has the same meaning~~	128823
~~as in section 5111.162 of the Revised Code.~~	128824

~~(3) "Provider" means any person, institution, or entity that~~	128825
~~furnishes emergency services to a medicaid recipient enrolled in a~~	128826
~~medicaid managed care organization, regardless of whether the~~	128827
~~person, institution, or entity has a provider agreement with the~~	128828
~~department of job and family services pursuant to Title XIX of the~~	128829
~~"Social Security Act."~~	128830

~~(B)~~ When a participant in the care management system	128831
established under ~~section 5111.16 of the Revised Code~~this chapter	128832
is enrolled in a medicaid managed care organization and receives	128833
emergency services on or after January 1, 2007, from a provider	128834
that is not under contract with the organization, the provider	128835
shall accept from the organization, as payment in full, not more	128836
than the amounts (less any payments for indirect costs of medical	128837
education and direct costs of graduate medical education) that the	128838
provider could collect if the participant received medicaid other	128839
than through enrollment in a managed care organization.	128840

An agreement entered into by a participant, a participant's	128841
parent, or a participant's legal guardian that requires payment	128842
for emergency services in violation of this section is void and	128843
unenforceable.	128844

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

128845

(1) "Covered skilled nursing facility services" has the same	128846
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	128847
U.S.C. 1395yy(e)(2)(A).	128848

(2) "Current medicare fee-for-service rate" means the	128849
fee-for-service rate in effect for a covered skilled nursing	128850
facility service under medicare at the time the service is	128851
provided.	128852

(3) "Skilled nursing facility" has the same meaning as in the	128853
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	128854

(B) Except as provided in division (C) of this section, a	128855
medicaid managed care organization shall pay a skilled nursing	128856
facility at least the current medicare fee-for-service rate,	128857
without deduction for any coinsurance, for covered skilled nursing	128858
facility services that the skilled nursing facility provides to a	128859
dual eligible individual if the medicaid managed care organization	128860
is responsible for the payment under the terms of a contract that	128861
the medicaid managed care organization, ~~medical assistance~~	128862
medicaid director, and United States secretary of health and human	128863
services jointly enter into under the integrated care delivery	128864
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	128865

(C) A medicaid managed care organization is required to pay	128866
the rate specified in division (B) of this section for covered	128867
skilled nursing facility services only if all of the following	128868
apply:	128869

(1) The United States secretary agrees to the payment rate as	128870
part of the contract that the medicaid managed care organization,	128871
~~medical assistance~~medicaid director, and United States secretary	128872
jointly enter into under the integrated care delivery system;	128873

(2) The medicaid managed care organization receives a federal	128874
capitation payment that is an actuarially sufficient amount for	128875
the costs that the medicaid managed care organization incurs in	128876
paying the rate;	128877

(3) No state funds are used for any part of the costs that	128878
the medicaid managed care organization incurs in paying the rate;	128879

(4) The integrated care delivery system provides for dual	128880
eligible individuals to receive the covered skilled nursing	128881
facility services as part of the system.	128882

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	128883
~~family services~~ shall determine whether a waiver of federal	128884
medicaid requirements is necessary to fulfill the requirements of	128885
section 3901.3814 of the Revised Code. If the director determines	128886
a waiver is necessary, the department of ~~job and family services~~	128887
medicaid shall apply to the United States secretary of health and	128888
human services for the waiver.	128889

(B)(1) If the director determines that section 3901.3814 of	128890
the Revised Code can be implemented without a waiver or a waiver	128891
is granted, the department shall notify the department of	128892
insurance that the section can be implemented. Implementation of	128893
the section shall be effective eighteen months after the notice is	128894
sent.	128895

(2) At the time the notice is given under division (B)(1) of	128896
this section, the department shall also give notice to each health	128897
insuring corporation that provides coverage to medicaid	128898
recipients. The notice shall inform the corporation that sections	128899
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	128900
claims for services rendered to recipients on the date determined	128901
under division (B)(1) of this section, instead of the prompt	128902
payment requirements of 42 C.F.R. 447.46. That date shall be	128903
specified in the notice.	128904

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	128905
amount the department of ~~job and family services~~medicaid pays	128906
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	128907
the amount of disproportionate share hospital payments paid by the	128908
medicare program ~~established under Title XVIII of~~pursuant to the	128909
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	128910
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	128911
~~contract with the department pursuant to section 5111.17 of the~~	128912
~~Revised Code authorizing the organization to provide, or arrange~~	128913
~~for the provision of, hospital services to medicaid recipients~~	128914
shall keep detailed records for each hospital with which it	128915
contracts ~~about~~, including records regarding the cost to the	128916
hospital of providing ~~the~~hospital services for the organization,	128917
payments made by the organization to the hospital for the	128918
services, utilization of hospital services by medicaid recipients	128919
enrolled in the organization, and other utilization data required	128920
by the department.	128921

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	128922
~~family services~~medicaid shall establish a managed care	128923
performance payment program. Under the program, the department may	128924
provide payments to medicaid managed care organizations ~~under~~	128925
~~contract with the department pursuant to section 5111.17 of the~~	128926
~~Revised Code~~ that meet performance standards established by the	128927
department.	128928

(2) In establishing performance standards, the department may	128929
consult any of the following:	128930

(a) Any quality measurements developed under the pediatric	128931
quality measures program established pursuant to the "Social	128932
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	128933

(b) Any core set of adult health quality measures for	128934
medicaid eligible adults used for purposes of the "Social Security	128935
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	128936
quality used for purposes of the medicaid quality measurement	128937
program when the program is established under ~~42 U.S.C. 1320b-9b~~	128938
that section of the "Social Security Act";	128939

(c) The most recent healthcare effectiveness data and	128940
information set and quality measurement tool established by the	128941
national committee for quality assurance.	128942

(3) The standards that must be met to receive the payments	128943
may be specified in the contract the department enters into with a	128944
medicaid managed care organization.	128945

(4) If a medicaid managed care organization meets the	128946
performance standards established by the department, the	128947
department shall make one or more performance payments to the	128948
organization. The amount of each performance payment, the number	128949
of payments, and the schedule for making the payments shall be	128950
established by the department. The payments shall be discontinued	128951
if the department determines that the organization no longer meets	128952
the performance standards. The department shall not make or	128953
discontinue payments based on any performance standard that has	128954
been in effect as part of the organization's contract for less	128955
than six months.	128956

(B) For purposes of the program, the department shall	128957
establish an amount that is to be withheld each time a premium	128958
payment is made to a medicaid managed care organization. The	128959
amount shall be established as a percentage of each premium	128960
payment. The percentage shall be the same for all medicaid managed	128961
care organizations ~~under contract with the department~~. The sum of	128962
all withholdings under this division shall not exceed ~~one~~two per	128963
cent of the total of all premium payments made to all medicaid	128964
managed care organizations ~~under contract with the department~~.	128965

Each medicaid managed care organization shall agree to the	128966
withholding as a condition of receiving or maintaining its	128967
~~medicaid~~ provider agreement with the department.	128968

When the amount is established and each time the amount is	128969
modified thereafter, the department shall certify the amount to	128970
the director of budget and management and begin withholding the	128971
amount from each premium the department pays to a medicaid managed	128972
care organization.	128973

~~(C) There is hereby created in the state treasury the managed~~	128974
~~care performance payment fund. The fund shall consist of amounts~~	128975
~~transferred to it by the director of budget and management for the~~	128976
~~purpose of the program. All investment earnings of the fund shall~~	128977
~~be credited to the fund. Amounts in the fund shall be used solely~~	128978
~~to make performance payments to managed care organizations in~~	128979
~~accordance with this section.~~	128980

~~(D) The department may adopt rules as necessary to implement~~	128981
~~this section. The rules shall be adopted in accordance with~~	128982
~~Chapter 119. of the Revised Code.~~	128983

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	128984
~~services~~medicaid may provide financial incentive awards to	128985
medicaid managed care organizations ~~under contract with the~~	128986
~~department pursuant to section 5111.17 of the Revised Code~~ that	128987
meet or exceed performance standards specified in provider	128988
agreements or rules adopted by the ~~department~~medicaid director	128989
under section 5167.02 of the Revised Code. The department may	128990
specify in a contract with a medicaid managed care organization	128991
the amounts of financial incentive awards, methodology for	128992
distributing awards, types of awards, and standards for	128993
administration by the department.	128994

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	128995
~~services~~medicaid shall appoint a temporary manager for a	128996
medicaid managed care organization ~~under contract with the~~	128997
~~department pursuant to section 5111.17 of the Revised Code~~ if the	128998
department determines that the medicaid managed care organization	128999
has repeatedly failed to meet substantive requirements specified	129000
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	129001
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	129002
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	129003
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	129004
manager does not preclude the department from imposing other	129005
sanctions available to the department against the medicaid managed	129006
care organization.	129007

The medicaid managed care organization shall pay all costs of	129008
having the temporary manager perform the temporary manager's	129009
duties, including all costs the temporary manager incurs in	129010
performing those duties. If the temporary manager incurs costs or	129011
liabilities on behalf of the medicaid managed care organization,	129012
the medicaid managed care organization shall pay those costs and	129013
be responsible for those liabilities.	129014

The appointment of a temporary manager is not subject to	129015
Chapter 119. of the Revised Code, but the managed care	129016
organization may request a reconsideration of the appointment.	129017
Reconsiderations shall be requested and conducted in accordance	129018
with rules the ~~director of job and family services~~medicaid	129019
director shall adopt ~~in accordance with Chapter 119. of~~under	129020
section 5167.02 of the Revised Code.	129021

The appointment of a temporary manager does not cause the	129022
medicaid managed care organization to lose the right to appeal, in	129023
accordance with Chapter 119. of the Revised Code, any proposed	129024
termination or any decision not to ~~renew~~revalidate the medicaid	129025
managed care organization's ~~medicaid~~ provider agreement or the	129026
right to initiate the sale of the medicaid managed care	129027
organization or its assets.	129028

~~In addition to the rules required to be adopted under this~~	129029
~~section, the director may adopt any other rules necessary to~~	129030
~~implement this section. The rules shall be adopted in accordance~~	129031
~~with Chapter 119. of the Revised Code.~~	129032

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	129033
~~services~~medicaid may disenroll some or all medicaid recipients	129034
enrolled in a medicaid managed care organization ~~under contract~~	129035
~~with the department pursuant to section 5111.17 of the Revised~~	129036
~~Code~~ if the department proposes to terminate or not to renew the	129037
contract and determines that the recipients' access to medically	129038
necessary services is jeopardized by the proposal to terminate or	129039
not to renew the contract. The disenrollment is not subject to	129040
Chapter 119. of the Revised Code, but the medicaid managed care	129041
organization may request a reconsideration of the disenrollment.	129042
Reconsiderations shall be requested and conducted in accordance	129043
with rules the medicaid director ~~of job and family services~~ shall	129044
adopt ~~in accordance with Chapter 119.~~under section 5167.02 of the	129045
Revised Code. The request for, or conduct of, a reconsideration	129046
regarding a proposed disenrollment shall not delay the	129047
disenrollment.	129048

~~In addition to the rules required to be adopted under this~~	129049
~~section, the director may adopt any other rules necessary to~~	129050
~~implement this section. The rules shall be adopted in accordance~~	129051
~~with Chapter 119. of the Revised Code.~~	129052

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	129053
~~5112.21~~5168.14 of the Revised Code:	129054

(A) "Bad debt," "charity care," "courtesy care," and	129055
"contractual allowances" have the same meanings given these terms	129056
in regulations adopted under Title XVIII of the "Social Security	129057
Act," 42 U.S.C. 1395 et seq.	129058

(B) "Cost reporting period" means the twelve-month period	129059
used by a hospital in reporting costs for purposes of Title XVIII	129060
of the "Social Security Act," 42 U.S.C. 1395 et seq.	129061

(C) "Disproportionate share hospital" means a hospital that	129062
meets the definition of a disproportionate share hospital in rules	129063
adopted under section 5168.02 of the Revised Code.	129064

(D) "Federal poverty line" means the official poverty line	129065
defined by the United States office of management and budget based	129066
on the most recent data available from the United States bureau of	129067
the census and revised by the United States secretary of health	129068
and human services pursuant to the "Omnibus Budget Reconciliation	129069
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	129070

(E) "Governmental hospital" means a county hospital with more	129071
than five hundred registered beds or a state-owned and -operated	129072
hospital with more than five hundred registered beds.	129073

(F)(1) "Hospital" means a nonfederal hospital to which either	129074
of the following applies:	129075

(a) The hospital is registered under section 3701.07 of the	129076
Revised Code as a general medical and surgical hospital or a	129077
pediatric general hospital, and provides inpatient hospital	129078
services, as defined in 42 C.F.R. 440.10;	129079

(b) The hospital is recognized under the medicare program	129080
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	129081
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	129082
is exempt from the medicare prospective payment system.	129083

(2) "Hospital" does not include a hospital operated by a	129084
health insuring corporation that has been issued a certificate of	129085
authority under section 1751.05 of the Revised Code or a hospital	129086
that does not charge patients for services.	129087

~~(2) "Disproportionate share hospital" means a hospital that~~	129088
~~meets the definition of a disproportionate share hospital in rules~~	129089
~~adopted under section 5112.03 of the Revised Code.~~	129090

~~(B) "Bad debt," "charity care," "courtesy care," and~~	129091
~~"contractual allowances" have the same meanings given these terms~~	129092
~~in regulations adopted under Title XVIII of the "Social Security~~	129093
~~Act."~~	129094

~~(C) "Cost reporting period" means the twelve-month period~~	129095
~~used by a hospital in reporting costs for purposes of Title XVIII~~	129096
~~of the "Social Security Act."~~	129097

~~(D) "Governmental hospital" means a county hospital with more~~	129098
~~than five hundred registered beds or a state-owned and -operated~~	129099
~~hospital with more than five hundred registered beds.~~	129100

~~(E)~~(G) "Indigent care pool" means the sum of the following:

129101

(1) The total of assessments to be paid in a program year by	129102
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	129103
less the assessments deposited into the legislative budget	129104
services fund under section ~~5112.19~~5168.12 of the Revised Code	129105
and into the health care services administration fund created	129106
under section ~~5111.94~~5162.54 of the Revised Code;	129107

(2) The total amount of intergovernmental transfers required	129108
to be made in the same program year by governmental hospitals	129109
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	129110
of transfers deposited into the legislative budget services fund	129111
under section ~~5112.19~~5168.12 of the Revised Code and into the	129112
health care services administration fund created under section	129113
~~5111.94~~5162.54 of the Revised Code;	129114

(3) The total amount of federal matching funds that will be	129115
made available in the same program year as a result of funds	129116
distributed by the department of ~~job and family services~~medicaid	129117
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	129118

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	129119
money by a governmental hospital under section ~~5112.07~~5168.07 of	129120
the Revised Code.	129121

~~(G) "Medical assistance program" means the program of medical~~	129122
~~assistance established under section 5111.01 of the Revised Code~~	129123
~~and Title XIX of the "Social Security Act."~~	129124

~~(H)~~(I) "Medicaid services" has the same meaning as in section	129125
5164.01 of the Revised Code.	129126

(J) "Program year" means a period beginning the first day of	129127
October, or a later date designated in rules adopted under section	129128
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	129129
of September, or an earlier date designated in rules adopted under	129130
that section.	129131

~~(I)~~(K) "Registered beds" means the total number of hospital	129132
beds registered with the department of health, as reported in the	129133
most recent "directory of registered hospitals" published by the	129134
department of health.	129135

~~(J)~~(L) "Third-party payer" means any person or government	129136
entity that may be liable by law or contract to make payment to or	129137
on behalf of an individual for health care services. "Third-party	129138
payer" does not include a hospital.	129139

(M) "Total facility costs" means the total costs for all	129140
services rendered to all patients, including the direct, indirect,	129141
and overhead cost to the hospital of all services, supplies,	129142
equipment, and capital related to the care of patients, regardless	129143
of whether patients are enrolled in a health insuring corporation,	129144
excluding costs associated with providing skilled nursing services	129145
in distinct-part nursing facility units, as shown on the	129146
hospital's cost report filed under section ~~5112.04~~5168.05 of the	129147
Revised Code. Effective October 1, 1993, if rules adopted under	129148
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	129149
facility costs" may exclude costs associated with providing care	129150
to recipients of any of the governmental programs listed in	129151
division (B) of that section.	129152

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

129153

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	129154
~~services shall adopt, and may amend and rescind,~~medicaid director	129155
shall adopt rules in accordance with Chapter 119. of the Revised	129156
Code for the purpose of administering sections ~~5112.01~~5168.01 to	129157
~~5112.21~~5168.14 of the Revised Code, including rules that do all	129158
of the following:	129159

(1) Define as a "disproportionate share hospital" any	129160
hospital included under ~~subsection (b) of section 1923 of~~ the	129161
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	129162
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	129163
director determines appropriate;	129164

(2) Prescribe the form for submission of cost reports under	129165
section ~~5112.04~~5168.05 of the Revised Code;	129166

(3) Establish, in accordance with division (A) of section	129167
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	129168
to be applied to hospitals under that section;	129169

(4) Establish schedules for hospitals to pay installments on	129170
their assessments under section ~~5112.06~~5168.06 of the Revised	129171
Code and for governmental hospitals to pay installments on their	129172
intergovernmental transfers under section ~~5112.07~~5168.07 of the	129173
Revised Code;	129174

(5) Establish procedures to notify hospitals of adjustments	129175
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	129176
Revised Code in the amount of installments on their assessment;	129177

(6) Establish procedures to notify hospitals of adjustments	129178
made under division (D) of section ~~5112.09~~5168.08 of the Revised	129179
Code in the total amount of their assessment and to adjust for the	129180
remainder of the program year the amount of the installments on	129181
the assessments;	129182

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	129183
the Revised Code, the methodology for paying hospitals under that	129184
section.	129185

The director shall consult with hospitals when adopting the	129186
rules required by divisions (A)(4) and (5) of this section in	129187
order to minimize hospitals' cash flow difficulties.	129188

(B) Rules adopted under this section may provide that "total	129189
facility costs" excludes costs associated with any of the	129190
following:	129191

(1) ~~Recipients of the medical assistance program~~Medicaid	129192
recipients;	129193

(2) Recipients of disability financial assistance provided	129194
under Chapter 5115. of the Revised Code;	129195

(3) Recipients of the program for medically handicapped	129196
children established under section 3701.023 of the Revised Code;	129197

(4) ~~Recipients of the medicare program established under~~	129198
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	129199
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	129200

(5) Recipients of Title V of the "Social Security Act," 42	129201
U.S.C. 701 et seq.,;	129202

(6) Any other category of costs deemed appropriate by the	129203
director in accordance with Title XIX of the "Social Security	129204
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	129205
title.	129206

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	129207
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	129208
as the United States health care financing administration	129209
determines that the assessment imposed under section ~~5112.06~~	129210
5168.06 of the Revised Code is a permissible health care-related	129211
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	129212
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	129213
~~amended~~. Whenever the department of ~~job and family services~~	129214
medicaid is informed that the assessment is an impermissible	129215
health care-related tax, the department shall promptly refund to	129216
each hospital the amount of money currently in the hospital care	129217
assurance program fund created by section ~~5112.18~~5168.11 of the	129218
Revised Code that has been paid by the hospital under section	129219
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	129220
investment earnings on that amount.	129221

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	129222
~~services~~medicaid shall operate the hospital care assurance	129223
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	129224
of the Revised Code on a program year basis. The department shall	129225
complete all program requirements on or before the thirtieth day	129226
of September each year.	129227

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	129228
of this section, each hospital, on or before the first day of July	129229
of each year or at a later date approved by the medicaid director	129230
~~of job and family services~~, shall submit to the department of ~~job~~	129231
~~and family services~~medicaid a financial statement for the	129232
preceding calendar year that accurately reflects the income,	129233
expenses, assets, liabilities, and net worth of the hospital, and	129234
accompanying notes. A hospital that has a fiscal year different	129235
from the calendar year shall file its financial statement within	129236
one hundred eighty days of the end of its fiscal year or at a	129237
later date approved by the director ~~of job and family services~~.	129238
The financial statement shall be prepared by an independent	129239
certified public accountant and reflect an official audit report	129240
prepared in a manner consistent with generally accepted accounting	129241
principles. The financial statement shall, to the extent that the	129242
hospital has sufficient financial records, show bad debt and	129243
charity care separately from courtesy care and contractual	129244
allowances.	129245

(B) Except as provided in division (C) of this section, each	129246
hospital, within one hundred eighty days after the end of the	129247
hospital's cost reporting period, shall submit to the department a	129248
cost report in a format prescribed in rules adopted ~~by the~~	129249
~~director of job and family services~~ under section ~~5112.03~~5168.02	129250
of the Revised Code. The department shall grant a hospital an	129251
extension of the one hundred eighty day period if the health care	129252
financing administration of the United States department of health	129253
and human services extends the date by which the hospital must	129254
submit its cost report for the hospital's cost reporting period.	129255

(C) The director ~~of job and family services~~ may adopt rules	129256
under section ~~5112.03~~5168.02 of the Revised Code specifying	129257
financial information that must be submitted by hospitals for	129258
which no financial statement or cost report is available. The	129259
rules shall specify deadlines for submitting the information. Each	129260
such hospital shall submit the information specified in the rules	129261
not later than the deadline specified in the rules.	129262

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	129263
funds to hospitals under the ~~medical assistance~~medicaid program	129264
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	129265
Revised Code and depositing funds into the legislative budget	129266
services fund under section ~~5112.19~~5168.12 of the Revised Code	129267
and into the health care services administration fund created	129268
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	129269
imposed an assessment on all hospitals. Each hospital's assessment	129270
shall be based on total facility costs. All hospitals shall be	129271
assessed according to the rate or rates established each program	129272
year ~~by the department of job and family services~~ in rules adopted	129273
under section ~~5112.03~~5168.02 of the Revised Code. The department	129274
shall assess all hospitals uniformly and in a manner consistent	129275
with federal statutes and regulations. During any program year,	129276
the department shall not assess any hospital more than two per	129277
cent of the hospital's total facility costs.	129278

The department shall establish an assessment rate or rates	129279
each program year that will do both of the following:	129280

(1) Yield funds that, when combined with intergovernmental	129281
transfers and federal matching funds, will produce a program of	129282
sufficient size to pay a substantial portion of the indigent care	129283
provided by hospitals;	129284

(2) Yield funds that, when combined with intergovernmental	129285
transfers and federal matching funds, will produce amounts for	129286
distribution to disproportionate share hospitals that do not	129287
exceed, in the aggregate, the limits prescribed by the United	129288
States health care financing administration under ~~subsection (f)~~	129289
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129290
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129291

(B)(1) Except as provided in division (B)(3) of this section,	129292
each hospital shall pay its assessment in periodic installments in	129293
accordance with a schedule established ~~by the director of job and~~	129294
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	129295
the Revised Code.	129296

(2) The installments shall be equal in amount, unless either	129297
of the following applies:	129298

(a) The department makes adjustments during a program year	129299
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	129300
in the total amount of hospitals' assessments;	129301

(b) The medicaid director ~~of job and family services~~	129302
determines that adjustments in the amounts of installments are	129303
necessary for the administration of sections ~~5112.01~~5168.01 to	129304
~~5112.21~~5168.14 of the Revised Code and that unequal installments	129305
will not create cash flow difficulties for hospitals.	129306

(3) The director may adopt rules under section ~~5112.03~~	129307
5168.02 of the Revised Code establishing alternate schedules for	129308
hospitals to pay assessments under this section in order to reduce	129309
hospitals' cash flow difficulties.	129310

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	129311
~~services~~medicaid may require governmental hospitals to make	129312
intergovernmental transfers each program year for the purpose of	129313
distributing funds to hospitals under the ~~medical assistance~~	129314
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	129315
5168.14 of the Revised Code and depositing funds into the	129316
legislative budget services fund under section ~~5112.19~~5168.12 of	129317
the Revised Code and into the health care services administration	129318
fund created under section ~~5111.94~~5162.54 of the Revised Code.	129319
The department shall not require transfers in an amount that, when	129320
combined with hospital assessments paid under section ~~5112.06~~	129321
5168.06 of the Revised Code and federal matching funds, produce	129322
amounts for distribution to disproportionate share hospitals that,	129323
in the aggregate, exceed limits prescribed by the United States	129324
health care financing administration under ~~subsection (f) of~~	129325
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129326
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129327

(B) Before or during each program year, the department shall	129328
notify each governmental hospital of the amount of the	129329
intergovernmental transfer it is required to make during the	129330
program year. Each governmental hospital shall make	129331
intergovernmental transfers as required by the department under	129332
this section in periodic installments, executed by electronic fund	129333
transfer, in accordance with a schedule established in rules	129334
adopted under section ~~5112.03~~5168.02 of the Revised Code.	129335

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	129336
year, the department of ~~job and family services~~medicaid shall	129337
mail to each hospital by certified mail, return receipt requested,	129338
the preliminary determination of the amount that the hospital is	129339
assessed under section ~~5112.06~~5168.06 of the Revised Code during	129340
the program year. The preliminary determination of a hospital's	129341
assessment shall be calculated for a cost-reporting period that is	129342
specified in rules adopted under section ~~5112.03~~5168.02 of the	129343
Revised Code.	129344

The department shall consult with hospitals each year when	129345
determining the date on which it will mail the preliminary	129346
determinations in order to minimize hospitals' cash flow	129347
difficulties.	129348

If no hospital submits a request for reconsideration under	129349
division (B) of this section, the preliminary determination	129350
constitutes the final reconciliation of each hospital's assessment	129351
under section ~~5112.06~~5168.06 of the Revised Code. The final	129352
reconciliation is subject to adjustments under division (D) of	129353
this section.	129354

(B) Not later than fourteen days after the preliminary	129355
determinations are mailed, any hospital may submit to the	129356
department a written request to reconsider the preliminary	129357
determinations. The request shall be accompanied by written	129358
materials setting forth the basis for the reconsideration. If one	129359
or more hospitals submit a request, the department shall hold a	129360
public hearing not later than thirty days after the preliminary	129361
determinations are mailed to reconsider the preliminary	129362
determinations. The department shall mail to each hospital a	129363
written notice of the date, time, and place of the hearing at	129364
least ten days prior to the hearing. On the basis of the evidence	129365
submitted to the department or presented at the public hearing,	129366
the department shall reconsider and may adjust the preliminary	129367
determinations. The result of the reconsideration is the final	129368
reconciliation of the hospital's assessment under section ~~5112.06~~	129369
5168.06 of the Revised Code. The final reconciliation is subject	129370
to adjustments under division (D) of this section.	129371

(C) The department shall mail to each hospital a written	129372
notice of its assessment for the program year under the final	129373
reconciliation. A hospital may appeal the final reconciliation of	129374
its assessment to the court of common pleas of Franklin county.	129375
While a judicial appeal is pending, the hospital shall pay, in	129376
accordance with the schedules required by division (B) of section	129377
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	129378
that is not in dispute into the hospital care assurance program	129379
fund created in section ~~5112.18~~5168.11 of the Revised Code.	129380

(D) In the course of any program year, the department may	129381
adjust the assessment rate or rates established in rules pursuant	129382
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	129383
amounts of intergovernmental transfers required under section	129384
~~5112.07~~5168.07 of the Revised Code and, as a result of the	129385
adjustment, adjust each hospital's assessment and	129386
intergovernmental transfer, to reflect refinements made by the	129387
United States health care financing administration during that	129388
program year to the limits it prescribed under ~~subsection (f) of~~	129389
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129390
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	129391
adjusted, the assessment rate or rates must comply with division	129392
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	129393
intergovernmental transfer must comply with division (A) of	129394
section ~~5112.07~~5168.07 of the Revised Code. The department shall	129395
notify hospitals of adjustments made under this division and	129396
adjust for the remainder of the program year the installments paid	129397
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	129398
the Revised Code in accordance with rules adopted under section	129399
~~5112.03~~5168.02 of the Revised Code.	129400

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	129401
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	129402
the Revised Code establishing a methodology to pay hospitals that	129403
is sufficient to expend all money in the indigent care pool. Under	129404
the rules:	129405

(A) The department of ~~job and family services~~medicaid may	129406
classify similar hospitals into groups and allocate funds for	129407
distribution within each group.	129408

(B) The department shall establish a method of allocating	129409
funds to hospitals, taking into consideration the relative amount	129410
of indigent care provided by each hospital or group of hospitals.	129411
The amount to be allocated shall be based on any combination of	129412
the following indicators of indigent care that the director	129413
considers appropriate:	129414

(1) Total costs, volume, or proportion of services to	129415
recipients of the medical assistance program, including recipients	129416
enrolled in health insuring corporations;	129417

(2) Total costs, volume, or proportion of services to	129418
low-income patients in addition to medicaid recipients ~~of the~~	129419
~~medical assistance program~~, which may include recipients of Title	129420
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	129421
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	129422
financial assistance provided under Chapter 5115. of the Revised	129423
Code;	129424

(3) The amount of uncompensated care provided by the hospital	129425
or group of hospitals;	129426

(4) Other factors that the director considers to be	129427
appropriate indicators of indigent care.	129428

(C) The department shall distribute funds to each hospital or	129429
group of hospitals in a manner that first may provide for an	129430
additional distribution to individual hospitals that provide a	129431
high proportion of indigent care in relation to the total care	129432
provided by the hospital or in relation to other hospitals. The	129433
department shall establish a formula to distribute the remainder	129434
of the funds. The formula shall be consistent with ~~section 1923 of~~	129435
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	129436
~~amended,~~and shall be based on any combination of the indicators	129437
of indigent care listed in division (B) of this section that the	129438
director considers appropriate.	129439

(D) The department shall distribute funds to each hospital in	129440
installments not later than ten working days after the deadline	129441
established in rules for each hospital to pay an installment on	129442
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	129443
In the case of a governmental hospital that makes	129444
intergovernmental transfers, the department shall pay an	129445
installment under this section not later than ten working days	129446
after the earlier of that deadline or the deadline established in	129447
rules for the governmental hospital to pay an installment on its	129448
intergovernmental transfer. If the amount in the hospital care	129449
assurance program fund created under section ~~5112.18~~5168.11 of	129450
the Revised Code and the portion of the health care - federal fund	129451
created under section ~~5111.943~~5162.50 of the Revised Code that is	129452
credited to that fund pursuant to division (B) of section ~~5112.18~~	129453
5168.11 of the Revised Code are insufficient to make the total	129454
distributions for which hospitals are eligible to receive in any	129455
period, the department shall reduce the amount of each	129456
distribution by the percentage by which the amount and portion are	129457
insufficient. The department shall distribute to hospitals any	129458
amounts not distributed in the period in which they are due as	129459
soon as moneys are available in the funds.	129460

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	129461
legislative budget services fund under section ~~5112.19~~5168.12 of	129462
the Revised Code and the health care services administration fund	129463
created under section ~~5111.94~~5162.54 of the Revised Code, the	129464
department of ~~job and family services~~medicaid shall not use money	129465
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	129466
5168.07 of the Revised Code or money that the department pays to	129467
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	129468
replace any funds appropriated by the general assembly for the	129469
~~medical assistance~~medicaid program.	129470

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	129471
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	129472
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	129473
all intergovernmental transfers under section ~~5112.07~~5168.07 of	129474
the Revised Code shall be deposited in the state treasury to the	129475
credit of the hospital care assurance program fund, hereby	129476
created. All investment earnings of the hospital care assurance	129477
program fund shall be credited to the fund. The department of ~~job~~	129478
~~and family services~~medicaid shall maintain records that show the	129479
amount of money in the hospital care assurance program fund at any	129480
time that has been paid by each hospital and the amount of any	129481
investment earnings on that amount. All moneys credited to the	129482
hospital care assurance program fund shall be used solely to make	129483
payments to hospitals under division (D) of this section and	129484
section ~~5112.08~~5168.09 of the Revised Code.	129485

(B) All federal matching funds received as a result of the	129486
department distributing funds from the hospital care assurance	129487
program fund to hospitals under section ~~5112.08~~5168.09 of the	129488
Revised Code shall be credited to the health care - federal fund	129489
created under section ~~5111.943~~5162.50 of the Revised Code.	129490

(C) All distributions of funds to hospitals under section	129491
~~5112.08~~5168.09 of the Revised Code are conditional on:	129492

(1) Expiration of the time for appeals under section ~~5112.09~~	129493
5168.08 of the Revised Code without the filing of an appeal, or on	129494
court determinations, in the event of appeals, that the hospital	129495
is entitled to the funds;	129496

(2) The sum of the following being sufficient to distribute	129497
the funds after the final determination of any appeals:	129498

(a) The available money in the hospital care assurance	129499
program fund;	129500

(b) The available portion of the money in the health care -	129501
federal fund that is credited to that fund pursuant to division	129502
(B) of this section.	129503

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	129504
the Revised Code.	129505

(D) If an audit conducted by the department of the amounts of	129506
payments made and funds received by hospitals under sections	129507
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	129508
Revised Code identifies amounts that, due to errors by the	129509
department, a hospital should not have been required to pay but	129510
did pay, should have been required to pay but did not pay, should	129511
not have received but did receive, or should have received but did	129512
not receive, the department shall:	129513

(1) Make payments to any hospital that the audit reveals paid	129514
amounts it should not have been required to pay or did not receive	129515
amounts it should have received;	129516

(2) Take action to recover from a hospital any amounts that	129517
the audit reveals it should have been required to pay but did not	129518
pay or that it should not have received but did receive.	129519

Payments made under division (D)(1) of this section shall be	129520
made from the hospital care assurance program fund. Amounts	129521
recovered under division (D)(2) of this section shall be deposited	129522
to the credit of that fund. Any hospital may appeal the amount the	129523
hospital is to be paid under division (D)(1) or the amount that is	129524
to be recovered from the hospital under division (D)(2) of this	129525
section to the court of common pleas of Franklin county.	129526

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	129527
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	129528
and intergovernmental transfers made under section ~~5112.07~~5168.07	129529
of the Revised Code during each program year beginning in an	129530
odd-numbered calendar year, the department of ~~job and family~~	129531
~~services~~medicaid shall deposit into the state treasury to the	129532
credit of the legislative budget services fund, which is hereby	129533
created, a total amount equal to the amount by which the biennial	129534
appropriation from that fund exceeds the amount of unexpended,	129535
unencumbered moneys in that fund. All investment earnings of the	129536
legislative budget services fund shall be credited to that fund.	129537
Money in the legislative budget services fund shall be used solely	129538
to pay the expenses of the legislative budget office of the	129539
legislative service commission.	129540

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	129541
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	129542
information filed under those sections shall not include any	129543
patient-identifying material. Information that includes	129544
patient-identifying material is not a public record under section	129545
149.43 of the Revised Code, and no patient-identifying material	129546
shall be released publicly by the department of ~~job and family~~	129547
~~services~~medicaid or by any person under contract with the	129548
department who has access to such information.	129549

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

129550

~~(1) "Federal poverty guideline" means the official poverty~~	129551
~~guideline as revised annually by the United States secretary of~~	129552
~~health and human services in accordance with section 673 of the~~	129553
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	129554
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	129555
~~the family of the person whose income is being determined.~~	129556

~~(2) "Third-party payer" means any private or public entity or~~	129557
~~program that may be liable by law or contract to make payment to~~	129558
~~or on behalf of an individual for health care services.~~	129559
~~"Third-party payer" does not include a hospital.~~	129560

~~(B)~~ Each hospital that receives funds distributed under	129561
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	129562
shall provide, without charge to the individual, basic, medically	129563
necessary hospital-level services to individuals who are residents	129564
of this state, are not medicaid recipients ~~of the medical~~	129565
~~assistance program~~, and whose income is at or below the federal	129566
poverty ~~guideline~~line. Recipients of disability financial	129567
assistance provided under Chapter 5115. of the Revised Code	129568
qualify for services under this section. The medicaid director of	129569
~~job and family services~~ shall adopt rules under section ~~5112.03~~	129570
5168.02 of the Revised Code specifying the hospital services to be	129571
provided under this section.	129572

~~(C)~~(B) Nothing in this section shall be construed to prevent	129573
a hospital from requiring an individual to apply for ~~eligibility~~	129574
~~under~~ the ~~medical assistance~~medicaid program before the hospital	129575
processes an application under this section. Hospitals may bill	129576
any third-party payer for services rendered under this section.	129577
Hospitals may bill the ~~medical assistance~~medicaid program, in	129578
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	129579
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	129580
~~chapter~~those statutes, for medicaid services rendered under this	129581
section if the individual becomes a medicaid recipient ~~of the~~	129582
~~program~~. Hospitals may bill individuals for services under this	129583
section if all of the following apply:	129584

(1) The hospital has an established post-billing procedure	129585
for determining the individual's income and canceling the charges	129586
if the individual is found to qualify for services under this	129587
section.	129588

(2) The initial bill, and at least the first follow-up bill,	129589
is accompanied by a written statement that does all of the	129590
following:	129591

(a) Explains that individuals with income at or below the	129592
federal poverty ~~guideline~~line are eligible for services without	129593
charge;	129594

(b) Specifies the federal poverty ~~guideline~~line for	129595
individuals and families of various sizes at the time the bill is	129596
sent;	129597

(c) Describes the procedure required by division (C)(1) of	129598
this section.	129599

(3) The hospital complies with any additional rules ~~the~~	129600
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	129601
Revised Code.	129602

Notwithstanding division (B) of this section, a hospital	129603
providing care to an individual under this section is subrogated	129604
to the rights of any individual to receive compensation or	129605
benefits from any person or governmental entity for the hospital	129606
goods and services rendered.	129607

~~(D)~~(C) Each hospital shall collect and report to the	129608
department of medicaid, in the form and manner prescribed by the	129609
department, information on the number and identity of patients	129610
served pursuant to this section.	129611

~~(E)~~(D) This section applies beginning May 22, 1992,	129612
regardless of whether ~~the department has adopted~~ rules specifying	129613
the services to be provided have been adopted. Nothing in this	129614
section alters the scope or limits the obligation of any	129615
governmental entity or program, including the program awarding	129616
reparations to victims of crime under sections 2743.51 to 2743.72	129617
of the Revised Code and the program for medically handicapped	129618
children established under section 3701.023 of the Revised Code,	129619
to pay for hospital services in accordance with state or local	129620
law.	129621

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	129622
~~5112.48~~5168.28 of the Revised Code:	129623

(A) "Applicable assessment percentage" means the percentage	129624
specified in rules adopted under section ~~5112.46~~5168.26 of the	129625
Revised Code that is used in calculating a hospital's assessment	129626
under section ~~5112.41~~5168.21 of the Revised Code.	129627

(B) "Assessment program year" means the twelve-month period	129628
beginning the first day of October of a calendar year and ending	129629
the last day of September of the following calendar year.	129630

(C) "Cost reporting period" means the period of time used by	129631
a hospital in reporting costs for purposes of the medicare	129632
program.	129633

(D) "Federal fiscal year" means the twelve-month period	129634
beginning the first day of October of a calendar year and ending	129635
the last day of September of the following calendar year.	129636

(E)(1) Except as provided in division (E)(2) of this section,	129637
"hospital" means a hospital to which any of the following applies:	129638

(a) The hospital is registered under section 3701.07 of the	129639
Revised Code as a general medical and surgical hospital or a	129640
pediatric general hospital and provides inpatient hospital	129641
services, as defined in 42 C.F.R. 440.10.	129642

(b) The hospital is recognized under the medicare program as	129643
a cancer hospital and is exempt from the medicare prospective	129644
payment system.	129645

(c) The hospital is a psychiatric hospital licensed under	129646
section ~~5119.20~~5119.33 of the Revised Code.	129647

(2) "Hospital" does not include either of the following:

129648

(a) A federal hospital;

129649

(b) A hospital that does not charge any of its patients for	129650
its services.	129651

(F) "Hospital care assurance program" means the program	129652
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	129653
the Revised Code.	129654

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	129655
~~the Revised Code.~~	129656

~~(H) "Medicare" means the program established under Title~~	129657
~~XVIII of the Social Security Act.~~	129658

~~(I)~~ "State fiscal year" means the twelve-month period	129659
beginning the first day of July of a calendar year and ending the	129660
last day of June of the following calendar year.	129661

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	129662
of this section, "total facility costs" means the total costs to a	129663
hospital for all care provided to all patients, including the	129664
direct, indirect, and overhead costs to the hospital of all	129665
services, supplies, equipment, and capital related to the care of	129666
patients, regardless of whether patients are enrolled in a health	129667
insuring corporation.	129668

(2) "Total facility costs" excludes all of the following of a	129669
hospital's costs as shown on the cost-reporting data used for	129670
purposes of determining the hospital's assessment under section	129671
~~5112.41~~5168.21 of the Revised Code:	129672

(a) Skilled nursing services provided in distinct-part	129673
nursing facility units;	129674

(b) Home health services;

129675

129676

(d) Ambulance services;

129677

(e) Renting durable medical equipment;

129678

(f) Selling durable medical equipment.

129679

(3) "Total facility costs" excludes any costs excluded from a	129680
hospital's total facility costs pursuant to rules, if any, adopted	129681
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	129682
Code.	129683

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	129684
section ~~5112.45~~5168.25 of the Revised Code and subject to	129685
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	129686
imposed an assessment on all hospitals each assessment program	129687
year. The amount of a hospital's assessment for an assessment	129688
program year shall equal the applicable assessment percentage of	129689
the hospital's total facility costs for the period of time	129690
specified in division (B) of this section. The amount of a	129691
hospital's total facility costs shall be derived from	129692
cost-reporting data for the hospital submitted to the department	129693
of ~~job and family services~~medicaid for purposes of the hospital	129694
care assurance program. If a hospital has not submitted that	129695
cost-reporting data to the department, the amount of a hospital's	129696
total facility costs shall be derived from other financial	129697
statements that the hospital shall provide to the department as	129698
directed by the department. The cost-reporting data or financial	129699
statements used to determine a hospital's assessment is subject to	129700
the same type of adjustments made to the cost-reporting data under	129701
the hospital care assurance program.	129702

(B) The period of time specified in this division is the	129703
hospital's cost reporting period that ends in the state fiscal	129704
year that ends in the federal fiscal year that precedes the	129705
federal fiscal year that precedes the assessment program year for	129706
which the assessment is imposed.	129707

(C) The assessment imposed by this section on a hospital is	129708
in addition to the assessment imposed by section ~~5112.06~~5168.06	129709
of the Revised Code.	129710

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	129711
program year, the department of ~~job and family services~~medicaid	129712
shall mail to each hospital by certified mail, return receipt	129713
requested, the preliminary determination of the amount that the	129714
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	129715
Code for the assessment program year. Except as provided in	129716
division (B) of this section, the preliminary determination	129717
becomes the final determination for the assessment program year	129718
fifteen days after the preliminary determination is mailed to the	129719
hospital.	129720

(B) A hospital may request that the department reconsider the	129721
preliminary determination mailed to the hospital under division	129722
(A) of this section by submitting to the department a written	129723
request for a reconsideration not later than fourteen days after	129724
the hospital's preliminary determination is mailed to the	129725
hospital. The request must be accompanied by written materials	129726
setting forth the basis for the reconsideration. On receipt of the	129727
timely request, the department shall reconsider the preliminary	129728
determination and may adjust the preliminary determination on the	129729
basis of the written materials accompanying the request. The	129730
result of the reconsideration is the final determination of the	129731
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	129732
Code for the assessment program year.	129733

(C) The department shall mail to each hospital a written	129734
notice of the final determination of its assessment for the	129735
assessment program year. A hospital may appeal the final	129736
determination to the court of common pleas of Franklin county.	129737
While a judicial appeal is pending, the hospital shall pay, in	129738
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	129739
amount of its assessment that is not in dispute.	129740

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	129741
~~5112.46~~5168.26 of the Revised Code establish a different payment	129742
schedule, each hospital shall pay the amount it is assessed under	129743
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	129744
following payment schedule:	129745

(A) Twenty-eight per cent of a hospital's assessment is due	129746
on the last business day of October of each assessment program	129747
year.	129748

(B) Thirty-one per cent of a hospital's assessment is due on	129749
the last business day of February of each assessment program year.	129750

(C) Forty-one per cent of a hospital's assessment is due on	129751
the last business day of May of each assessment program year.	129752

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	129753
~~services~~medicaid may audit a hospital to ensure that the hospital	129754
properly pays the amount it is assessed under section ~~5112.41~~	129755
5168.21 of the Revised Code. The department shall take action to	129756
recover from a hospital any amount the audit reveals that the	129757
hospital should have paid but did not pay.	129758

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	129759
treasury the hospital assessment fund. All installment payments	129760
made by hospitals under section ~~5112.43~~5168.23 of the Revised	129761
Code and all recoveries the department of ~~job and family services~~	129762
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	129763
shall be deposited into the fund. All investment earnings of the	129764
fund shall be credited to the fund. The department shall use money	129765
in the fund to pay for the costs of the medicaid program,	129766
including the program's administrative costs.	129767

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	129768
~~services shall adopt, amend, and rescind~~medicaid director shall	129769
adopt rules in accordance with Chapter 119. of the Revised Code as	129770
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	129771
of the Revised Code, including rules that specify the percentage	129772
of hospitals' total facility costs to be used in calculating	129773
hospitals' assessments under section ~~5112.41~~5168.21 of the	129774
Revised Code.	129775

(B) The rules adopted under this section may do the	129776
following:	129777

(1) Provide that a hospital's total facility costs for the	129778
purpose of the assessment under section ~~5112.41~~5168.21 of the	129779
Revised Code exclude any of the following:	129780

(a) A hospital's costs associated with providing care to	129781
recipients of any of the following:	129782

(i) The medicaid program;

129783

(ii) The medicare program;

129784

(iii) The disability financial assistance program established	129785
under Chapter 5115. of the Revised Code;	129786

(iv) The program for medically handicapped children	129787
established under section 3701.023 of the Revised Code;	129788

(v) Services provided under the maternal and child health	129789
services block grant established under Title V of the "Social	129790
Security Act," 42 U.S.C. 701 et seq.	129791

(b) Any other category of hospital costs the director deems	129792
appropriate under federal law and regulations governing the	129793
medicaid program.	129794

(2) Subject to division (C) of this section, provide for the	129795
percentage of hospitals' total facility costs used in calculating	129796
hospitals' assessments to vary for different hospitals;	129797

(3) To reduce hospitals' cash flow difficulties, establish a	129798
schedule for hospitals to pay their assessments that is different	129799
from the schedule established under section ~~5112.43~~5168.23 of the	129800
Revised Code.	129801

(C) Before adopting rules authorized by division (B)(2) of	129802
this section that establish varied percentages to be used in	129803
calculating hospitals' assessments, the director shall obtain a	129804
waiver from the United States secretary of health and human	129805
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	129806
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	129807
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	129808
the assessments to not be imposed uniformly.	129809

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	129810
~~family services~~ shall implement the assessment imposed by section	129811
~~5112.41~~5168.21 of the Revised Code in a manner that does not	129812
cause a reduction in federal financial participation for the	129813
medicaid program under the "Social Security Act," section 1903(w),	129814
42 U.S.C. 1396b(w).	129815

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	129816
health and human services determines that the assessment imposed	129817
by section ~~5112.41~~5168.21 of the Revised Code is an	129818
impermissible health care-related tax under the "Social Security	129819
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	129820
~~of job and family services~~ shall take all necessary actions to	129821
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	129822
5168.27 of the Revised Code and shall promptly refund to each	129823
hospital the amount of money in the hospital assessment fund at	129824
the time the refund is to be made that the hospital paid under	129825
section ~~5112.43~~5168.23 of the Revised Code, plus any	129826
corresponding investment earnings on that amount.	129827

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	129828
~~3721.58~~5168.56 of the Revised Code:	129829

(A) "Bed surrender" means the following:

129830

(1) In the case of a nursing home, the removal of a bed from	129831
a nursing home's licensed capacity in a manner that reduces the	129832
total licensed capacity of all nursing homes;	129833

(2) In the case of a hospital, the removal of a hospital bed	129834
from registration under section 3701.07 of the Revised Code as a	129835
skilled nursing facility bed or long-term care bed in a manner	129836
that reduces the total number of hospital beds registered under	129837
that section as skilled nursing facility beds or long-term care	129838
beds.	129839

(B) "Change of operator" means an entering operator becoming	129840
the operator of a nursing home or hospital in the place of the	129841
exiting operator.	129842

(1) Actions that constitute a change of operator include the	129843
following:	129844

(a) A change in an exiting operator's form of legal	129845
organization, including the formation of a partnership or	129846
corporation from a sole proprietorship;	129847

(b) A transfer of all the exiting operator's ownership	129848
interest in the operation of the nursing home or hospital to the	129849
entering operator, regardless of whether ownership of any or all	129850
of the real property or personal property associated with the	129851
nursing home or hospital is also transferred;	129852

(c) A lease of the nursing home or hospital to the entering	129853
operator or the exiting operator's termination of the exiting	129854
operator's lease;	129855

(d) If the exiting operator is a partnership, dissolution of	129856
the partnership;	129857

(e) If the exiting operator is a partnership, a change in	129858
composition of the partnership unless both of the following apply:	129859

(i) The change in composition does not cause the	129860
partnership's dissolution under state law.	129861

(ii) The partners agree that the change in composition does	129862
not constitute a change in operator.	129863

(f) If the operator is a corporation, dissolution of the	129864
corporation, a merger of the corporation into another corporation	129865
that is the survivor of the merger, or a consolidation of one or	129866
more other corporations to form a new corporation.	129867

(2) The following, alone, do not constitute a change of	129868
operator:	129869

(a) A contract for an entity to manage a nursing home or	129870
hospital as the operator's agent, subject to the operator's	129871
approval of daily operating and management decisions;	129872

(b) A change of ownership, lease, or termination of a lease	129873
of real property or personal property associated with a nursing	129874
home or hospital if an entering operator does not become the	129875
operator in place of an exiting operator;	129876

(c) If the operator is a corporation, a change of one or more	129877
members of the corporation's governing body or transfer of	129878
ownership of one or more shares of the corporation's stock, if the	129879
same corporation continues to be the operator.	129880

(C) "Effective date of a change of operator" means the day an	129881
entering operator becomes the operator of a nursing home or	129882
hospital.	129883

(D) "Entering operator" means the person or government entity	129884
that will become the operator of a nursing home or hospital on the	129885
effective date of a change of operator.	129886

(E) "Exiting operator" means an operator that will cease to	129887
be the operator of a nursing home or hospital on the effective	129888
date of a change of operator.	129889

(F) "Franchise permit fee rate" means the ~~following:~~

129890

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	129891
~~cents;~~	129892

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	129893
~~eleven dollars and sixty-seven cents~~rate determined in accordance	129894
with section 5168.41 of the Revised Code.	129895

(G) "Hospital" has the same meaning as in section 3727.01 of	129896
the Revised Code.	129897

(H) "Hospital long-term care unit" means any distinct part of	129898
a hospital in which any of the following beds are located:	129899

(1) Beds registered pursuant to section 3701.07 of the	129900
Revised Code as skilled nursing facility beds or long-term care	129901
beds;	129902

(2) Beds licensed as nursing home beds under section 3721.02	129903
or 3721.09 of the Revised Code.	129904

(I) "Indirect guarantee percentage" means the percentage	129905
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	129906
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	129907
1396b(w)(4)(C)(ii), that is to be used in determining whether a	129908
class of providers is indirectly held harmless for any portion of	129909
the costs of a broad-based health-care-related tax. If the	129910
indirect guarantee percentage changes during a fiscal year, the	129911
indirect guarantee percentage is the following:	129912

(1) For the part of the fiscal year before the change takes	129913
effect, the percentage in effect before the change;	129914

(2) For the part of the fiscal year beginning with the date	129915
the indirect guarantee percentage changes, the new percentage.	129916

(J) "Medicaid days" ~~has the same meaning as in section~~	129917
~~5111.01 of the Revised Code.~~	129918

~~(K) "Medicare" means the program established by Title XVIII.~~

129919

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	129920
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	129921

~~(M)~~(K)(1) "Nursing home" means all of the following:

129922

(a) A nursing home licensed under section 3721.02 or 3721.09	129923
of the Revised Code, including any part of a home for the aging	129924
licensed as a nursing home;	129925

(b) A facility or part of a facility, other than a hospital,	129926
that is certified as a skilled nursing facility under Title XVIII;	129927

(c) A nursing facility, other than a portion of a hospital	129928
certified as a nursing facility.	129929

(2) "Nursing home" does not include either of the following:

129930

(a) A county home, county nursing home, or district home	129931
operated pursuant to Chapter 5155. of the Revised Code;	129932

(b) A nursing home maintained and operated by the department	129933
of veterans services under section 5907.01 of the Revised Code.	129934

~~(N)~~(L) "Operator" means the person or government entity	129935
responsible for the daily operating and management decisions for a	129936
nursing home or hospital.	129937

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	129938
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	129939

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	129940
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	129941
seq.	129942

Sec. 5168.41. (A) The franchise permit fee rate shall be	129943
determined for each fiscal year as follows:	129944

(1) Determine the estimated total net patient revenues for	129945
all nursing homes and hospital long-term care units for the fiscal	129946
year;	129947

(2) Multiply the estimated total net patient revenues	129948
determined under division (A)(1) of this section by the lesser of	129949
the following:	129950

(a) The indirect guarantee percentage;

129951

(b) Six per cent.

129952

(3) Divide the product determined under division (A)(2) of	129953
this section by the number of days in the fiscal year;	129954

(4) Determine the sum of the following:

129955

(a) The total number of beds in all nursing homes and	129956
hospital long-term care units that are subject to the franchise	129957
permit fee for the fiscal year;	129958

(b) The total number of nursing home beds that are exempt	129959
from the franchise permit fee for the fiscal year because of the	129960
waiver obtained pursuant to section 5168.43 of the Revised Code.	129961

(5) Divide the quotient determined under division (A)(3) of	129962
this section by the sum determined under division (A)(4) of this	129963
section.	129964

(B) In determining the estimated total net patient revenues	129965
for all nursing homes and hospital long-term care units for a	129966
fiscal year, the department of medicaid shall use at least all of	129967
the following:	129968

(1) Information from medicaid cost reports filed under	129969
section 5165.10 of the Revised Code that are the most recent at	129970
the time the determination is made;	129971

(2) The projected total medicaid payment rates for nursing	129972
facility services for the fiscal year;	129973

(3) The projected total number of medicaid days for the	129974
fiscal year.	129975

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	129976
~~services~~medicaid shall do all of the following:	129977

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129978
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129979
of this section and for the purposes specified in section ~~3721.56~~	129980
5168.54 of the Revised Code, determine an annual franchise permit	129981
fee on each nursing home in an amount equal to the franchise	129982
permit fee rate multiplied by the product of the following:	129983

(1) The number of beds licensed as nursing home beds, plus	129984
any other beds certified as skilled nursing facility beds under	129985
Title XVIII or nursing facility beds under Title XIX on the first	129986
day of May of the calendar year in which the fee is determined	129987
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	129988
Code;	129989

(2) The number of days in the fiscal year beginning on the	129990
first day of July of the calendar year in which the fee is	129991
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	129992
the Revised Code.	129993

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129994
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129995
of this section and for the purposes specified in section ~~3721.56~~	129996
5168.54 of the Revised Code, determine an annual franchise permit	129997
fee on each hospital in an amount equal to the franchise permit	129998
fee rate multiplied by the product of the following:	129999

(1) The number of beds registered pursuant to section 3701.07	130000
of the Revised Code as skilled nursing facility beds or long-term	130001
care beds, plus any other beds licensed as nursing home beds under	130002
section 3721.02 or 3721.09 of the Revised Code, on the first day	130003
of May of the calendar year in which the fee is determined	130004
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	130005
Code;	130006

(2) The number of days in the fiscal year beginning on the	130007
first day of July of the calendar year in which the fee is	130008
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	130009
the Revised Code.	130010

(C) If the total amount of the franchise permit fee assessed	130011
under divisions (A) and (B) of this section for a fiscal year	130012
exceeds the indirect guarantee percentage of the actual net	130013
patient revenue for all nursing homes and hospital long-term care	130014
units for that fiscal year and seventy-five per cent or more of	130015
the combined total number of nursing homes and hospital long-term	130016
care units receive enhanced medicaid payments or other state	130017
payments equal to seventy-five per cent or more of their total	130018
franchise permit fee assessments, do both of the following:	130019

(1) Recalculate the assessments under divisions (A) and (B)	130020
of this section using a per bed per day rate equal to the indirect	130021
guarantee percentage of actual net patient revenue for all nursing	130022
homes and hospital long-term care units for that fiscal year;	130023

(2) Refund the difference between the amount of the franchise	130024
permit fee assessed for that fiscal year under divisions (A) and	130025
(B) of this section and the amount recalculated under division	130026
(C)(1) of this section as a credit against the assessments imposed	130027
under divisions (A) and (B) of this section for the subsequent	130028
fiscal year.	130029

(D) If the United States centers for medicare and medicaid	130030
services determines that the franchise permit fee established by	130031
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	130032
an impermissible health care-related tax under ~~section 1903(w) of~~	130033
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	130034
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	130035
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	130036
the Revised Code in accordance with rules adopted under section	130037
~~3721.58~~5168.56 of the Revised Code.	130038

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	130039
July 17, 2009, the department of ~~job and family services~~medicaid	130040
shall apply to the United States secretary of health and human	130041
services for a waiver under the "Social Security Act," section	130042
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	130043
of the following regarding the franchise permit fee assessed under	130044
section ~~3721.51~~5168.42 of the Revised Code:	130045

(1) Reduce the franchise permit fee rate to zero dollars for	130046
each nursing home licensed under section 3721.02 or 3721.09 of the	130047
Revised Code to which either of the following applies:	130048

(a) The nursing home:

130049

(i) Is exempt from state taxation under section 140.08 of the	130050
Revised Code or is exempt from state taxation as a home for the	130051
aged as defined in section 5701.13 of the Revised Code;	130052

(ii) Is exempt from federal income taxation under section 501	130053
of the Internal Revenue Code of 1986;	130054

(iii) Does not participate in medicaid or medicare; and

130055

(iv) Provides services for the life of each resident without	130056
regard to the resident's ability to secure payment for the	130057
services.	130058

(b) The nursing home:

130059

(i) Has had a written affiliation agreement with a university	130060
in this state for education and research related to Alzheimer's	130061
disease for each of the twenty years preceding July 17, 2009, and	130062
has such an agreement on July 17, 2009;	130063

(ii) Was constructed pursuant to a certificate of need	130064
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	130065
assembly; and	130066

(iii) Does not participate in medicaid or medicare.

130067

(2) For each nursing facility with more than two hundred beds	130068
certified as nursing facility beds under Title XIX, reduce the	130069
franchise permit fee rate for a number of the nursing facility's	130070
beds specified by the department to the amount necessary to obtain	130071
approval of the waiver sought under this section.	130072

(B) The effective date of the waiver sought under this	130073
section shall be the first day of the quarter beginning after the	130074
United States secretary approves the waiver.	130075

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	130076
health and human services approves the waiver sought under section	130077
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	130078
~~family services~~medicaid shall, for each nursing home and hospital	130079
that qualifies for a reduction of its franchise permit fee rate	130080
under the waiver, reduce the franchise permit fee rate in	130081
accordance with the terms of the waiver. For purposes of the first	130082
fiscal year during which the waiver takes effect, the department	130083
shall determine the amount of the reduction not later than the	130084
effective date of the waiver and shall mail to each nursing home	130085
and hospital qualifying for the reduction notice of the reduction	130086
not later than the last day of the first month of the quarter that	130087
begins after the United States secretary approves the waiver. For	130088
purposes of subsequent fiscal years, the department shall make	130089
such determinations and mail such notices in accordance with	130090
section ~~3721.53~~5168.47 of the Revised Code.	130091

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	130092
health and human services approves the waiver sought under section	130093
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	130094
~~family services~~medicaid may do both of the following regarding	130095
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	130096
the Revised Code:	130097

(1) Determine how much money the franchise permit fee would	130098
have raised in a fiscal year if not for the waiver;	130099

(2) For each nursing home and hospital subject to the	130100
franchise permit fee, other than a nursing home or hospital that	130101
has its franchise permit fee rate reduced under section ~~3721.512~~	130102
5168.44 of the Revised Code, uniformly increase the amount of the	130103
franchise permit fee rate for a fiscal year to an amount that will	130104
have the franchise permit fee raise an amount of money that does	130105
not exceed the amount determined under division (A)(1) of this	130106
section for that fiscal year.	130107

(B) If the department increases the franchise permit fee rate	130108
in accordance with division (A) of this section for the first	130109
fiscal year during which the waiver takes effect, the department	130110
shall determine the amount of the increase not later than the	130111
effective date of the waiver and shall mail to each nursing home	130112
and hospital subject to the increase notice of the increase not	130113
later than the last day of the first month of the quarter that	130114
begins after the United States secretary approves the waiver. If	130115
the department increases the franchise permit fee rate in	130116
accordance with division (A) of this section for a subsequent	130117
fiscal year, the department shall make such determinations and	130118
mail such notices in accordance with section ~~3721.53~~5168.47 of	130119
the Revised Code.	130120

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	130121
of the following:	130122

(A) For the purpose of the determinations made under	130123
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	130124
Code and not later than the first day of each June, report to the	130125
department of ~~job and family services~~medicaid the following:	130126

(1) For each nursing home, the number of beds in the nursing	130127
home licensed on the preceding first day of May under section	130128
3721.02 or 3721.09 of the Revised Code or certified on that date	130129
under Title XVIII or Title XIX;	130130

(2) For each hospital, the number of beds in the hospital	130131
registered on the preceding first day of May pursuant to section	130132
3701.07 of the Revised Code as skilled nursing facility or	130133
long-term care beds or licensed on that date under section 3721.02	130134
or 3721.09 of the Revised Code as nursing home beds.	130135

(B) For the purpose of the redetermination under section	130136
~~3721.531~~5168.48 of the Revised Code and not later than the	130137
fifteenth day of each January, report to the department of ~~job and~~	130138
~~family services~~medicaid, for each nursing home and hospital, the	130139
number of beds for which a bed surrender occurred during the	130140
period beginning on the first day of May of the preceding calendar	130141
year and ending on the first day of January of the calendar year	130142
in which the redetermination is made.	130143

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	130144
of September of each year, the department of ~~job and family~~	130145
~~services~~medicaid shall determine the annual franchise permit fee	130146
for each nursing home and hospital in accordance with section	130147
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	130148
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	130149
the Revised Code.	130150

(B) Not later than the first day of October of each year, the	130151
department shall mail to each nursing home and hospital notice of	130152
the amount of the franchise permit fee that has been determined	130153
for the nursing home or hospital.	130154

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	130155
each nursing home and hospital shall pay its fee under section	130156
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	130157
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	130158
Revised Code, to the department in four installment payments not	130159
later than forty-five days after the last day of each October,	130160
December, March, and June.	130161

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	130162
February of each year, the department of ~~job and family services~~	130163
medicaid shall redetermine each nursing home's and hospital's	130164
franchise permit fee if one or more bed surrenders occur during	130165
the period beginning on the first day of May of the preceding	130166
calendar year and ending on the first day of January of the	130167
calendar year in which the redetermination is made.	130168

(B) In redetermining nursing homes' and hospitals' franchise	130169
permit fees under this section, the department shall do both of	130170
the following:	130171

(1) Provide for the redetermination to be conducted in a	130172
manner consistent with the terms of the waiver sought under	130173
section ~~3721.511~~5168.43 of the Revised Code;	130174

(2) Recalculate each nursing home's and hospital's franchise	130175
permit fee in accordance with division (A) or (B) of section	130176
~~3721.51~~5168.42 of the Revised Code with the following changes:	130177

(a) In the case of a nursing home or hospital for which one	130178
or more bed surrenders occurred during the period beginning on the	130179
first day of May of the preceding calendar year and ending on the	130180
first day of January of the calendar year in which the	130181
redetermination is made, the number of beds included in the	130182
calculation for the purpose of division (A)(1) or (B)(1) of	130183
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	130184
for which bed surrenders occurred during that period.	130185

(b) The number of days used in the calculation under division	130186
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	130187
shall be the number of days in the first half of the calendar year	130188
in which the redetermination is made.	130189

(c) The franchise permit fee rate shall reflect adjustments	130190
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	130191
Revised Code.	130192

(C) Not later than the first day of March of each year, the	130193
department shall mail to each nursing home and hospital notice of	130194
the amount of its redetermined franchise permit fee.	130195

(D) Each nursing home and hospital shall pay its redetermined	130196
fee to the department in two installment payments not later than	130197
forty-five days after the last day of March and June of the	130198
calendar year in which the redetermination is made.	130199

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	130200
undergoes a change of operator during a fiscal year, the	130201
responsibility for paying the franchise permit fee that was	130202
determined for the nursing home or hospital under section ~~3721.53~~	130203
5168.47 of the Revised Code, or redetermined for the nursing home	130204
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	130205
for that fiscal year shall be divided proportionally. The exiting	130206
operator shall be responsible for paying the amount of the fee	130207
that is for the part of the fiscal year that ends on the day	130208
before the effective date of the change of operator. The entering	130209
operator shall be responsible for paying the amount of the fee	130210
that is for the part of the fiscal year that begins on the	130211
effective date of the change of operator. The department of ~~job~~	130212
~~and family services~~medicaid is not required to mail a notice to	130213
the entering operator regarding the amount of that fiscal year's	130214
fee for which the entering operator is responsible.	130215

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	130216
directly bill its residents for the franchise permit fee paid	130217
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	130218
Code or otherwise directly pass the fee through to its residents.	130219

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	130220
pay the full amount of a franchise permit fee installment when	130221
due, the department of ~~job and family services~~medicaid may assess	130222
a five per cent penalty on the amount due for each month or	130223
fraction thereof the installment is overdue.	130224

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	130225
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	130226
the department of ~~job and family services~~medicaid may do any of	130227
the following if a nursing facility or hospital fails to pay the	130228
full amount of a franchise permit fee installment when due:	130229

(1) Withhold an amount less than or equal to the installment	130230
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130231
Code from a medicaid payment due the nursing facility or hospital	130232
until the nursing facility or hospital pays the installment and	130233
penalty;	130234

(2) Offset an amount less than or equal to the installment	130235
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130236
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	130237
hospital;	130238

(3) Terminate the nursing facility or hospital's medicaid	130239
provider agreement.	130240

(B) The department may offset a medicaid payment under	130241
division (A) of this section without providing notice to the	130242
nursing facility or hospital and without conducting an	130243
adjudication under Chapter 119. of the Revised Code.	130244

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	130245
appeal the fee assessed under section ~~3721.51~~5168.42 of the	130246
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	130247
~~3721.513~~5168.45 of the Revised Code, and redetermined under	130248
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	130249
that the department of ~~job and family services~~medicaid committed	130250
a material error in determining or redetermining the amount of the	130251
fee. A request for an appeal must be received by the department	130252
not later than fifteen days after the date the department mails	130253
the notice of the fee and must include written materials setting	130254
forth the basis for the appeal.	130255

(B) If a nursing home or hospital submits a request for an	130256
appeal within the time required under division (A) of this	130257
section, the department ~~of job and family services~~ shall hold a	130258
public hearing in Columbus not later than thirty days after the	130259
date the department receives the request for an appeal. The	130260
department shall, not later than ten days before the date of the	130261
hearing, mail a notice of the date, time, and place of the hearing	130262
to the nursing home or hospital. The department may hear all the	130263
requested appeals in one public hearing.	130264

(C) On the basis of the evidence presented at the hearing or	130265
any other evidence submitted by the nursing home or hospital, the	130266
department may adjust a fee. The department's decision is final.	130267

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	130268
state treasury the nursing home franchise permit fee fund. All	130269
payments and penalties paid by nursing homes and hospitals under	130270
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	130271
of the Revised Code shall be deposited into the fund. The fund	130272
shall also consist of money deposited into it pursuant to sections	130273
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	130274
of section 3769.08 of the Revised Code, the department of ~~job and~~	130275
~~family services~~medicaid shall use the money in the fund to make	130276
medicaid payments to providers of nursing facility services and	130277
providers of home and community-based services. Money in the fund	130278
may also be used for the residential state supplement program	130279
established under section ~~5119.69~~5119.41 of the Revised Code.	130280

(B) Any money remaining in the nursing home franchise permit	130281
fee fund after payments specified in division (A) of this section	130282
are made shall be retained in the fund. Any interest or other	130283
investment proceeds earned on money in the fund shall be credited	130284
to the fund and used to make medicaid payments in accordance with	130285
division (A) of this section.	130286

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	130287
~~services~~medicaid may make any investigation it considers	130288
appropriate to obtain information necessary to fulfill its duties	130289
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130290
Code. At the request of the department, the attorney general shall	130291
aid in any such investigations. The attorney general shall	130292
institute and prosecute all necessary actions for the enforcement	130293
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130294
Code, except that at the request of the attorney general, the	130295
county prosecutor of the county in which a nursing home or	130296
hospital that has failed to comply with sections ~~3721.50~~5168.40	130297
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	130298
and prosecute any necessary action against the nursing home or	130299
hospital.	130300

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	130301
~~family services~~ shall adopt rules in accordance with Chapter 119.	130302
of the Revised Code to do both of the following:	130303

(A) Prescribe the actions the department of ~~job and family~~	130304
~~services~~medicaid will take to cease implementation of sections	130305
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	130306
the United States centers for medicare and medicaid services	130307
determines that the franchise permit fee established by those	130308
sections is an impermissible health-care related tax under ~~section~~	130309
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130310
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130311

(B) Establish any requirements or procedures the director	130312
considers necessary to implement sections ~~3721.50~~5168.40 to	130313
~~3721.58~~5168.56 of the Revised Code.	130314

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	130315
~~5112.39~~5168.71 of the Revised Code:	130316

(A) "Franchise permit fee rate" means the following:

130317

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	130318
~~ninety-nine~~twenty-four cents;	130319

(2) For fiscal year ~~2013~~2015 and each fiscal year	130320
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	130321

(B) "Indirect guarantee percentage" means the percentage	130322
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	130323
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	130324
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	130325
whether a class of providers is indirectly held harmless for any	130326
portion of the costs of a broad-based health-care-related tax. If	130327
the indirect guarantee percentage changes during a fiscal year,	130328
the indirect guarantee percentage is the following:	130329

(1) For the part of the fiscal year before the change takes	130330
effect, the percentage in effect before the change;	130331

(2) For the part of the fiscal year beginning with the date	130332
the indirect guarantee percentage changes, the new percentage.	130333

(C) "~~Intermediate care facility for the mentally retarded~~	130334
ICF/IID" has the same meaning as in section ~~5111.20~~5124.01 of	130335
the Revised Code~~, except that, until August 1, 2009, it does not~~	130336
~~include any such facility operated by the department of~~	130337
~~developmental disabilities~~.	130338

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	130339
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	130340

(E) "Provider agreement" has the same meaning as in section	130341
5124.01 of the Revised Code.	130342

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	130343
~~services~~developmental disabilities shall do all of the	130344
following:	130345

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	130346
and divisions (B) and (C) of this section and for the purposes	130347
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	130348
for each fiscal year each ~~intermediate care facility for the~~	130349
~~mentally retarded~~ICF/IID a franchise permit fee equal to the	130350
franchise permit fee rate multiplied by the product of the	130351
following:	130352

(1) The ~~number of beds certified under Title XIX of the~~	130353
~~"Social Security Act"~~ICF/IID's medicaid-certified capacity on the	130354
first day of May of the calendar year in which the assessment is	130355
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	130356
the Revised Code;	130357

(2) The number of days in the fiscal year.

130358

(B) If the total amount of the franchise permit fee assessed	130359
under division (A) of this section for a fiscal year exceeds the	130360
indirect guarantee percentage of the actual net patient revenue	130361
for all ~~intermediate care facilities for the mentally retarded~~	130362
ICFs/IID for that fiscal year and seventy-five per cent or more of	130363
the total number of ~~intermediate care facilities for the mentally~~	130364
~~retarded~~ICFs/IID receive enhanced medicaid payments or other	130365
state payments equal to seventy-five per cent or more of their	130366
total franchise permit fee assessments, do both of the following:	130367

(1) Recalculate the assessments under division (A) of this	130368
section using a per bed per day rate equal to the indirect	130369
guarantee percentage of actual net patient revenue for all	130370
~~intermediate care facilities for the mentally retarded~~ICFs/IID	130371
for that fiscal year;	130372

(2) Refund the difference between the amount of the franchise	130373
permit fee assessed for that fiscal year under division (A) of	130374
this section and the amount recalculated under division (B)(1) of	130375
this section as a credit against the assessments imposed under	130376
division (A) of this section for the subsequent fiscal year.	130377

(C) If the United States secretary of health and human	130378
services determines that the franchise permit fee established by	130379
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	130380
would be an impermissible health care-related tax under ~~section~~	130381
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130382
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	130383
necessary actions to cease implementation of those sections in	130384
accordance with rules adopted under section ~~5112.39~~5168.71 of the	130385
Revised Code.	130386

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	130387
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	130388
Code and not later than the first day of each June, the department	130389
of developmental disabilities shall:	130390

~~(A) Not later than August 1, 1993, report to the department~~	130391
~~of job and family services the number of beds in each intermediate~~	130392
~~care facility for the mentally retarded certified on July 1, 1993,~~	130393
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	130394
~~42 U.S.C.A. 301, as amended;~~	130395

~~(B) Not later than June 1, 1994, and the first day of each~~	130396
~~June thereafter,~~ report to the department of ~~job and family~~	130397
~~services~~medicaid the number of beds in each ~~such facility~~	130398
~~certified~~ICF/IID on the preceding first day of May ~~under that~~	130399
~~title~~.	130400

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	130401
of August of each year, the department of ~~job and family services~~	130402
developmental disabilities shall determine the annual franchise	130403
permit fee for each ~~intermediate care facility for the mentally~~	130404
~~retarded~~ICF/IID in accordance with section ~~5112.31~~5168.61 of the	130405
Revised Code.	130406

(B) Not later than the first day of September of each year,	130407
the department shall mail to each ~~intermediate care facility for~~	130408
~~the mentally retarded~~ICF/IID notice of the amount of the	130409
franchise permit fee the ~~facility~~ICF/IID has been assessed under	130410
section ~~5112.31~~5168.61 of the Revised Code.	130411

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	130412
each ~~intermediate care facility for the mentally retarded~~ICF/IID	130413
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	130414
Code to the department in quarterly installment payments not later	130415
than forty-five days after the last day of each September,	130416
December, March, and June.	130417

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	130418
on the first day of May of a calendar year and ending on the first	130419
day of January of the immediately following calendar year, the	130420
operator of an ~~intermediate care facility for the mentally~~	130421
~~retarded~~ICF/IID converts, pursuant to section ~~5111.874~~5124.60	130422
of the Revised Code, one or more of the ~~facility's~~ICF/IID's beds	130423
to providing home and community-based services, the department of	130424
~~job and family services~~developmental disabilities shall do the	130425
following:	130426

(1) If the ~~facility's~~ICF/IID's medicaid certification is	130427
terminated because of the conversion, terminate the ~~facility's~~	130428
ICF/IID's franchise permit fee effective on the first day of the	130429
quarter immediately following the quarter in which the department	130430
receives the notice of the conversion from the director of health;	130431

(2) If the ~~facility's certified~~ICF/IID's medicaid-certified	130432
capacity ~~under medicaid~~ is reduced because of the conversion,	130433
redetermine the ~~facility's~~ICF/IID's franchise permit fee in	130434
accordance with division (B) of this section for the second half	130435
of the fiscal year for which the fee is assessed.	130436

(B)(1) To redetermine an ~~intermediate care facility for the~~	130437
~~mentally retarded's~~ICF/IID's franchise permit fee, the department	130438
shall multiply the franchise permit fee rate by the product of the	130439
following:	130440

(a) The ~~number of the facility's beds that remain certified~~	130441
~~under Title XIX of the "Social Security Act"~~ICF/IID's	130442
medicaid-certified capacity as of the date the conversion takes	130443
effect;	130444

(b) The number of days in the second half of the fiscal year	130445
for which the redetermination is made.	130446

(2) The ~~intermediate care facility for the mentally retarded~~	130447
ICF/IID shall pay its franchise permit fee as redetermined under	130448
division (B)(1) of this section in installment payments not later	130449
than forty-five days after the last day of March and June of the	130450
fiscal year for which the redetermination is made.	130451

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	130452
~~the mentally retarded~~ICF/IID fails to pay the full amount of an	130453
installment when due, the department of ~~job and family services~~	130454
developmental disabilities may assess a five per cent penalty on	130455
the amount due for each month or fraction thereof the installment	130456
is overdue.	130457

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	130458
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	130459
the department of ~~job and family services~~developmental	130460
disabilities may do any of the following if an ~~intermediate care~~	130461
~~facility for the mentally retarded~~ICF/IID fails to pay the full	130462
amount of a franchise permit fee installment when due:	130463

(1) Withhold an amount less than or equal to the installment	130464
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130465
Code from a medicaid payment due the ~~facility~~ICF/IID until the	130466
~~facility~~ICF/IID pays the installment and penalty;	130467

(2) Offset an amount less than or equal to the installment	130468
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130469
Code from a medicaid payment due the ~~facility~~ICF/IID;	130470

(3) ~~Terminate~~Provide for the department of medicaid to	130471
terminate the ~~facility's medicaid~~ICF/IID's provider agreement.	130472

(B) The department may offset a medicaid payment under	130473
division (A) of this section without providing notice to the	130474
~~intermediate care facility for the mentally retarded~~ICF/IID and	130475
without conducting an adjudication under Chapter 119. of the	130476
Revised Code.	130477

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	130478
~~the mentally retarded~~ICF/IID may appeal the franchise permit fee	130479
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	130480
on the grounds that the department of ~~job and family services~~	130481
developmental disabilities committed a material error in	130482
determining the amount of the fee. A request for an appeal must be	130483
received by the department not later than fifteen days after the	130484
date the department mails the notice of the fee and must include	130485
written materials setting forth the basis for the appeal.	130486

(B) If an ~~intermediate care facility for the mentally~~	130487
~~retarded~~ICF/IID submits a request for an appeal within the time	130488
required under division (A) of this section, the department shall	130489
hold a public hearing in Columbus not later than thirty days after	130490
the date the department receives the request for an appeal. The	130491
department shall, not later than ten days before the date of the	130492
hearing, mail a notice of the date, time, and place of the hearing	130493
to the ~~facility~~ICF/IID. The department may hear all requested	130494
appeals in one public hearing.	130495

(C) On the basis of the evidence presented at the hearing or	130496
any other evidence submitted by the ~~intermediate care facility for~~	130497
~~the mentally retarded~~ICF/IID, the department may adjust a fee.	130498
The department's decision is final.	130499

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	130500
treasury the home and community-based services for the mentally	130501
retarded and developmentally disabled fund. All installment	130502
payments and penalties paid by an ~~intermediate care facility for~~	130503
~~the mentally retarded~~ICF/IID under sections ~~5112.33~~5168.63 and	130504
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	130505
fund. As soon as possible after the end of each quarter, the	130506
medicaid director ~~of job and family services~~ shall certify to the	130507
director of budget and management the amount of money that is in	130508
the fund as of the last day of that quarter. On receipt of a	130509
certification, the director of budget and management shall	130510
transfer the amount so certified from the home and community-based	130511
services for the mentally retarded and developmentally disabled	130512
fund to the department of developmental disabilities operating and	130513
services fund created under section ~~5112.371~~5168.69 of the	130514
Revised Code.	130515

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	130516
treasury the department of developmental disabilities operating	130517
and services fund. The fund shall consist of the money transferred	130518
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	130519
in the fund shall be used for the expenses of the programs that	130520
the department of developmental disabilities administers and the	130521
department's administrative expenses.	130522

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	130523
~~services~~developmental disabilities may make any investigation it	130524
considers appropriate to obtain information necessary to fulfill	130525
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	130526
the Revised Code. At the request of the department, the attorney	130527
general shall aid in any such investigations. The attorney general	130528
shall institute and prosecute all necessary actions for the	130529
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	130530
Revised Code, except that at the request of the attorney general,	130531
the county prosecutor of the county in which an ~~intermediate care~~	130532
~~facility for the mentally retarded~~ICF/IID that has failed to	130533
comply with those sections is located shall institute and	130534
prosecute any necessary action against the ~~facility~~ICF/IID.	130535

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	130536
authorized by section 5162.021 of the Revised Code, the director	130537
of ~~job and family services~~developmental disabilities shall adopt	130538
rules in accordance with Chapter 119. of the Revised Code to do	130539
both of the following:	130540

(A) Prescribe the actions the department of developmental	130541
disabilities will take to cease implementation of sections ~~5112.30~~	130542
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	130543
States secretary of health and human services determines that the	130544
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	130545
Revised Code is an impermissible health care-related tax under	130546
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	130547
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130548

(B) Establish any other requirements or procedures the	130549
director considers necessary to implement sections ~~5112.30~~5168.60	130550
to ~~5112.39~~5168.71 of the Revised Code.	130551

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	130552
~~family services~~ shall impose a penalty for each day that a	130553
hospital fails to report the information required under section	130554
~~5112.04~~5168.05 of the Revised Code on or before the dates	130555
specified in that section. The amount of the penalty shall be	130556
established by the director in rules adopted under section ~~5112.03~~	130557
5168.02 of the Revised Code.	130558

(B) In addition to any other remedy available to the	130559
department of ~~job and family services~~medicaid under law to	130560
collect unpaid assessments and transfers under sections ~~5112.01~~	130561
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	130562
shall impose a penalty of ten per cent of the amount due on any	130563
hospital that fails to pay assessments or make intergovernmental	130564
transfers by the dates required by rules adopted under section	130565
~~5112.03~~5168.02 of the Revised Code.	130566

(C) In addition to any other remedy available to the	130567
department of ~~job and family services~~medicaid under law to	130568
collect unpaid assessments imposed under section ~~5112.41~~5168.21	130569
of the Revised Code, the director shall impose a penalty of ten	130570
per cent of the amount due on any hospital that fails to pay the	130571
assessment by the date it is due.	130572

(D) The director shall waive the penalties provided for in	130573
this section for good cause shown by the hospital.	130574

(E) All penalties imposed under this section shall be	130575
deposited into the health care administration fund created by	130576
section ~~5111.94~~5162.54 of the Revised Code.	130577

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	130578
~~services~~medicaid may offset the amount of a hospital's unpaid	130579
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	130580
from one or more payments due the hospital under the medicaid	130581
program. The total amount that may be offset from one or more	130582
payments shall not exceed the amount of the unpaid penalty.	130583

Sec. 5302.221. (A) As used in this section:

130584

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130585
of the Revised Code.	130586

"Medicaid estate recovery program" means the program	130587
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130588

(B) The administrator of the medicaid estate recovery program	130589
shall prescribe a form on which a beneficiary of a transfer on	130590
death designation affidavit as provided in section 5302.22 of the	130591
Revised Code, who survives the deceased owner of the real property	130592
or an interest in the real property or that is in existence on the	130593
date of death of the deceased owner, or that beneficiary's	130594
representative is to indicate both of the following:	130595

(1) Whether the deceased owner was either of the following:

130596

(a) A decedent subject to the medicaid estate recovery	130597
program;	130598

(b) The spouse of a decedent subject to the medicaid estate	130599
recovery program.	130600

(2) Whether the real property or interest in the real	130601
property was part of the estate of a decedent subject to the	130602
medicaid estate recovery program.	130603

(C) A county recorder shall obtain a properly completed form	130604
prescribed under division (B) of this section from the beneficiary	130605
of a transfer on death designation affidavit or the beneficiary's	130606
representative and send a copy of the form to the administrator of	130607
the medicaid estate recovery program before recording the transfer	130608
of the real property or interest in the real property under	130609
section 5302.222 of the Revised Code.	130610

Sec. 5309.082. (A) As used in this section:

130611

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130612
of the Revised Code.	130613

"Medicaid estate recovery program" means the program	130614
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130615

(B) The administrator of the medicaid estate recovery program	130616
shall prescribe a form on which a surviving tenant under a	130617
survivorship tenancy or such a surviving tenant's representative	130618
is to indicate both of the following:	130619

(1) Whether the deceased survivorship tenant was either of	130620
the following:	130621

(a) A decedent subject to the medicaid estate recovery	130622
program;	130623

(b) The spouse of a decedent subject to the medicaid estate	130624
recovery program.	130625

(2) Whether the registered land under a survivorship tenancy	130626
was part of the estate of a decedent subject to the medicaid	130627
estate recovery program.	130628

(C) A county recorder shall obtain a properly completed form	130629
prescribed under division (B) of this section from the surviving	130630
tenant under a survivorship tenancy or the surviving tenant's	130631
representative and send a copy of the form to the administrator of	130632
the medicaid estate recovery program before registering the title	130633
in the surviving tenants under section 5309.081 of the Revised	130634
Code.	130635

Sec. 5309.68. Any person owning real estate, the title to	130636
which is registered, may request the withdrawal of such real	130637
estate from registration by presenting to the county recorder an	130638
affidavit of intention to withdraw. The affidavit shall describe	130639
the real estate, shall be properly executed and signed, and shall	130640
have attached to it the owner's duplicate certificate of title.	130641
Thereupon the county recorder shall register or record the	130642
affidavit and, upon order of the court, cancel said certificate of	130643
record, and ~~thereafter~~record the court's order in the	130644
unregistered land official records. Thereafter, said title shall	130645
be considered the same as other unregistered lands. ~~All deeds and~~	130646
~~mortgages heretofore filed conveying registered lands, the~~A	130647
registration certificate ~~of which~~that has been surrendered as	130648
herein provided, shall be recorded according to law, and	130649
thereafter the lands conveyed therein shall be considered the same	130650
as other unregistered lands.	130651

Sec. 5309.86. (A) Every memorial, notation, or cancellation	130652
of such memorial or notation, made on any certificate of title or	130653
duplicate thereof that is kept by paper means shall be signed by	130654
the county recorder or ~~his~~the recorder's authorized deputy or	130655
clerk.	130656

(B) If a county recorder maintains registered land records by	130657
nonpaper means in the manner authorized by section 5309.031 of the	130658
Revised Code, the signature and seal of the county recorder or the	130659
recorder's authorized deputy or clerk may be reproduced by	130660
electronic facsimile on a certificate of title or duplicate	130661
thereof. Any prior memorial, notation, or cancellation of such	130662
memorial or notation on a certificate of title or duplicate	130663
thereof shall note only the name of the prior recorder and need	130664
not be signed by the county recorder or the recorder's authorized	130665
deputy or clerk.	130666

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	130667
127.16 of the Revised Code the director of transportation may	130668
lease or lease-purchase all or any part of a transportation	130669
facility to or from one or more persons, one or more governmental	130670
agencies, a transportation improvement district, or any	130671
combination thereof, and may grant leases, easements, or licenses	130672
for lands under the control of the department of transportation.	130673
The director may adopt rules necessary to give effect to this	130674
section.	130675

(B) Plans and specifications for the construction of a	130676
transportation facility under a lease or lease-purchase agreement	130677
are subject to approval of the director and must meet or exceed	130678
all applicable standards of the department.	130679

(C) Any lease or lease-purchase agreement under which the	130680
department is the lessee shall be for a period not exceeding the	130681
then current two-year period for which appropriations have been	130682
made by the general assembly to the department, and such agreement	130683
may contain such other terms as the department and the other	130684
parties thereto agree, notwithstanding any other provision of law,	130685
including provisions that rental payments in amounts sufficient to	130686
pay bond service charges payable during the current two-year lease	130687
term shall be an absolute and unconditional obligation of the	130688
department independent of all other duties under the agreement	130689
without set-off or deduction or any other similar rights or	130690
defenses. Any such agreement may provide for renewal of the	130691
agreement at the end of each term for another term, not exceeding	130692
two years, provided that no renewal shall be effective until the	130693
effective date of an appropriation enacted by the general assembly	130694
from which the department may lawfully pay rentals under such	130695
agreement. Any such agreement may include, without limitation, any	130696
agreement by the department with respect to any costs of	130697
transportation facilities to be included prior to acquisition and	130698
construction of such transportation facilities. Any such agreement	130699
shall not constitute a debt or pledge of the faith and credit of	130700
the state, or of any political subdivision of the state, and the	130701
lessor shall have no right to have taxes or excises levied by the	130702
general assembly, or the taxing authority of any political	130703
subdivision of the state, for the payment of rentals thereunder.	130704
Any such agreement shall contain a statement to that effect.	130705

(D) A municipal corporation, township, or county may use	130706
service payments in lieu of taxes credited to special funds or	130707
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	130708
Revised Code to provide its contribution to the cost of a	130709
transportation facility, provided such facility was among the	130710
purposes for which such service payments were authorized. The	130711
contribution may be in the form of a lump sum or periodic	130712
payments.	130713

(E) Pursuant to the "Telecommunications Act of 1996," 110	130714
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease,	130715
easement, or license in a transportation facility to a	130716
telecommunications service provider for construction, placement,	130717
or operation of a telecommunications facility. An interest granted	130718
under this division is subject to all of the following conditions:	130719

(1) The transportation facility is owned in fee simple or	130720
easement by this state at the time the lease, easement, or license	130721
is granted to the telecommunications provider.	130722

(2) The lease, easement, or license shall be granted on a	130723
competitive basis in accordance with policies and procedures to be	130724
determined by the director. The policies and procedures may	130725
include provisions for master leases for multiple sites.	130726

(3) The telecommunications facility shall be designed to	130727
accommodate the state's multi-agency radio communication system,	130728
the intelligent transportation system, and the department's	130729
communication system as the director may determine is necessary	130730
for highway or other departmental purposes.	130731

(4) The telecommunications facility shall be designed to	130732
accommodate such additional telecommunications equipment as may	130733
feasibly be co-located thereon as determined in the discretion of	130734
the director.	130735

(5) The telecommunications service providers awarded the	130736
lease, easement, or license, agree to permit other	130737
telecommunications service providers to co-locate on the	130738
telecommunications facility, and agree to the terms and conditions	130739
of the co-location as determined in the discretion of the	130740
director.	130741

(6) The director shall require indemnity agreements in favor	130742
of the department as a condition of any lease, easement, or	130743
license granted under this division. Each indemnity agreement	130744
shall secure this state and its agents from liability for damages	130745
arising out of safety hazards, zoning, and any other matter of	130746
public interest the director considers necessary.	130747

(7) The telecommunications service provider fully complies	130748
with any permit issued under section 5515.01 of the Revised Code	130749
pertaining to land that is the subject of the lease, easement, or	130750
license.	130751

(8) All plans and specifications shall meet with the	130752
director's approval.	130753

(9) Any other conditions the director determines necessary.

130754

(F) In accordance with section 5501.031 of the Revised Code,	130755
to further efforts to promote energy conservation and energy	130756
efficiency, the director may grant a lease, easement, or license	130757
in a transportation facility to a utility service provider that	130758
has received its certificate from the Ohio power siting board or	130759
appropriate local entity for construction, placement, or operation	130760
of an alternative energy generating facility service provider as	130761
defined in section 4928.64 of the Revised Code. An interest	130762
granted under this division is subject to all of the following	130763
conditions:	130764

(1) The transportation facility is owned in fee simple or in	130765
easement by this state at the time the lease, easement, or license	130766
is granted to the utility service provider.	130767

(2) The lease, easement, or license shall be granted on a	130768
competitive basis in accordance with policies and procedures to be	130769
determined by the director. The policies and procedures may	130770
include provisions for master leases for multiple sites.	130771

(3) The alternative energy generating facility shall be	130772
designed to provide energy for the department's transportation	130773
facilities with the potential for selling excess power on the	130774
power grid, as the director may determine is necessary for highway	130775
or other departmental purposes.	130776

(4) The director shall require indemnity agreements in favor	130777
of the department as a condition of any lease, easement, or	130778
license granted under this division. Each indemnity agreement	130779
shall secure this state from liability for damages arising out of	130780
safety hazards, zoning, and any other matter of public interest	130781
the director considers necessary.	130782

(5) The alternative energy service provider fully complies	130783
with any permit issued by the Ohio power siting board under	130784
Chapter 4906. of the Revised Code and complies with section	130785
5515.01 of the Revised Code pertaining to land that is the subject	130786
of the lease, easement, or license.	130787

(6) All plans and specifications shall meet with the	130788
director's approval.	130789

(7) Any other conditions the director determines necessary.

130790

(G) Money the department receives under ~~divisions (E) and (F)~~	130791
of this section shall be deposited into the state treasury to the	130792
credit of the highway operating fund.	130793

(H) A lease, easement, or license granted under division (E)	130794
or (F) of this section, and any telecommunications facility or	130795
alternative energy generating facility relating to such interest	130796
in a transportation facility, is hereby deemed to further the	130797
essential highway purpose of building and maintaining a safe,	130798
energy-efficient, and accessible transportation system.	130799

Sec. 5501.312. (A) The director of transportation may do all	130800
of the following:	130801

~~(A)~~(1) Contract in the manner provided by this section with	130802
one or more persons, a transportation improvement district, one or	130803
more governmental agencies, or any combination thereof, desiring	130804
the use or service of a transportation facility, and fix the	130805
terms, conditions, rentals, or other charges for such use or	130806
services. Such contract may provide for acquisition by such person	130807
or governmental agency of all or any part of the facility for such	130808
consideration payable over the period of the contract or otherwise	130809
as the director in ~~his~~the director's sole discretion determines	130810
to be appropriate.	130811

~~(B)~~(2) Make loans from any available source, including the	130812
federal share of a project, for the planning, acquisition, or	130813
construction of transportation facilities upon such terms as the	130814
director may determine or authorize, including secured or	130815
unsecured loans, and in connection therewith, enter into loan	130816
agreements, subordination agreements, and other agreements, accept	130817
notes and other forms of obligation to evidence the indebtedness	130818
and mortgages, liens, pledges, assignments, or other security	130819
interests to secure the indebtedness, which may be prior or	130820
subordinate to or on a parity with other indebtedness,	130821
obligations, mortgages, pledges, assignments, other security	130822
interests, or liens or encumbrances, and take such actions as are	130823
appropriate to protect the security and safeguard against losses,	130824
including foreclosure and the bidding upon and purchase of	130825
property upon foreclosure or other sale. Repayments of a federal	130826
share loan may be obligated by the director for any transportation	130827
purpose, including the reloaning of such repaid funds for other	130828
projects. Reloaned funds would be considered state loans, not	130829
federal share loans.	130830

~~(C)~~(3) Sell transportation facilities under such terms as he	130831
the director may determine, including conditional sale or	130832
installment sale, under which title may pass prior to or after	130833
completion of the facility, or at any time provided in the	130834
agreement pertaining to the sale, including sale under an option	130835
to purchase at a price which may be a nominal amount or less than	130836
true value at the time of the purchase;	130837

~~(D)~~(4) Grant a ~~mortage~~mortgage, lien, or other encumbrance	130838
on, or pledge or assignment of, or other security interest with	130839
respect to, all or any part of a transportation facility, or on,	130840
of, or with respect to any lease, sublease, sale, conditional sale	130841
or installment sale agreement, loan agreement, or other agreement	130842
pertaining to the lease, sublease, sale, or other disposition of a	130843
facility or pertaining to a loan made for a facility, or any	130844
guaranty or insurance agreement made with respect thereto, or any	130845
interest of the department of transportation therein, or any other	130846
interest granted, assigned, or released to secure payments to be	130847
made by the department, which mortgage, lien, encumbrance, pledge,	130848
assignment, or other security interest may be prior or subordinate	130849
to or on a parity with any other mortgage assignment, or other	130850
security interest, lien, or encumbrance;	130851

~~(E)~~(5) Contract for the acquisition or construction of a	130852
transportation facility or any part thereof and for the leasing,	130853
subleasing, sale, or other disposition of the facility in a manner	130854
determined by the director.	130855

(B) All money received by the department under this section	130856
shall be deposited into the state treasury to the credit of the	130857
highway operating fund.	130858

Sec. 5501.73. (A) After selecting a solicited or unsolicited	130859
proposal for a public-private initiative, the department of	130860
transportation shall enter into a public-private agreement for a	130861
transportation facility with the selected private entity or any	130862
configuration of private entities. An affected jurisdiction may be	130863
a party to a public-private agreement entered into by the	130864
department and a selected private entity or combination of private	130865
entities.	130866

(B) A public-private agreement under this section shall	130867
provide for all of the following:	130868

(1) Planning, acquisition, financing, development, design,	130869
construction, reconstruction, replacement, improvement,	130870
maintenance, management, repair, leasing, or operation of a	130871
transportation facility;	130872

(2) Term of the public-private agreement;

130873

(3) Type of property interest, if any, the private entity	130874
will have in the transportation facility;	130875

(4) A specific plan to ensure proper maintenance of the	130876
transportation facility throughout the term of the agreement and a	130877
return of the facility to the department, if applicable, in good	130878
condition and repair;	130879

(5) Whether user fees will be collected on the transportation	130880
facility and the basis by which such user fees shall be determined	130881
and modified;	130882

(6) Compliance with applicable federal, state, and local	130883
laws;	130884

(7) Grounds for termination of the public-private agreement	130885
by the department or operator;	130886

(8) Disposition of the facility upon completion of the	130887
agreement;	130888

(9) Procedures for amendment of the agreement.

130889

(C) A public-private agreement under this section may provide	130890
for any of the following:	130891

(1) Review and approval by the department of the operator's	130892
plans for the development and operation of the transportation	130893
facility;	130894

(2) Inspection by the department of construction of or	130895
improvements to the transportation facility;	130896

(3) Maintenance by the operator of a policy of liability	130897
insurance or self-insurance;	130898

(4) Filing by the operator, on a periodic basis, of	130899
appropriate financial statements in a form acceptable to the	130900
department;	130901

(5) Filing by the operator, on a periodic basis, of traffic	130902
reports in a form acceptable to the department;	130903

(6) Financing obligations of the operator and the department;

130904

(7) Apportionment of expenses between the operator and the	130905
department;	130906

(8) Rights and duties of the operator, the department, and	130907
other state and local governmental entities with respect to use of	130908
the transportation facility;	130909

(9) Rights and remedies available in the event of default or	130910
delay;	130911

(10) Terms and conditions of indemnification of the operator	130912
by the department;	130913

(11) Assignment, subcontracting, or other delegation of	130914
responsibilities of the operator or the department under the	130915
agreement to third parties, including other private entities and	130916
other state agencies;	130917

(12) Sale or lease to the operator of private property	130918
related to the transportation facility;	130919

(13) Traffic enforcement and other policing issues, including	130920
any reimbursement by the private entity for such services.	130921

(D)(1) The director of transportation may include in any	130922
public-private agreement under sections 5501.70 to 5501.83 of the	130923
Revised Code a provision authorizing a binding dispute resolution	130924
method for any controversy subsequently arising out of the	130925
contract. The binding dispute resolution method may proceed only	130926
upon agreement of all parties to the controversy. If all parties	130927
do not agree to proceed to a binding dispute resolution, a party	130928
having a claim against the department shall exhaust its	130929
administrative remedies specified in the public-private agreement	130930
prior to filing any action against the department in the court of	130931
claims.	130932

No appeal from the determination of a technical expert lies	130933
to any court, except that the court of common pleas of Franklin	130934
County may issue an order vacating such a determination upon the	130935
application of any party to the binding dispute resolution if any	130936
of the following applies:	130937

(a) The determination was procured by corruption, fraud, or	130938
undue means.	130939

(b) There was evidence of partiality or corruption on the	130940
part of the technical expert.	130941

(c) The technical expert was guilty of misconduct in refusing	130942
to postpone the hearing, upon sufficient cause shown, or in	130943
refusing to hear evidence pertinent and material to the	130944
controversy, or of any other misbehavior by which the rights of	130945
any party have been prejudiced.	130946

(2) As used in this division, "binding dispute resolution"	130947
means a binding determination after review by a technical expert	130948
of all relevant items, which may include documents, and by	130949
interviewing appropriate personnel and visiting the project site	130950
involved in the controversy. "Binding dispute resolution" does not	130951
involve representation by legal counsel or advocacy by any person	130952
on behalf of any party to the controversy.	130953

(E) No public-private agreement entered into under this	130954
section shall be construed to transfer to a private entity the	130955
director's authority to appropriate property under Chapters 163.,	130956
5501., and 5519. of the Revised Code.	130957

(F) Money collected by the department pursuant to an	130958
agreement entered into under this section shall be deposited into	130959
the state treasury to the credit of the highway operating fund.	130960

Sec. 5502.011. (A) As used in this section, "department of	130961
public safety" and "department" include all divisions within the	130962
department of public safety.	130963

(B) The director of public safety is the chief executive and	130964
administrative officer of the department. The director may	130965
establish policies governing the department, the performance of	130966
its employees and officers, the conduct of its business, and the	130967
custody, use, and preservation of departmental records, papers,	130968
books, documents, and property. The director also may authorize	130969
and approve investigations to be conducted by any of the	130970
department's divisions. Whenever the Revised Code imposes a duty	130971
upon or requires an action of the department, the director may	130972
perform the action or duty in the name of the department or direct	130973
such performance to be performed by the director's designee.	130974

(C) In addition to any other duties enumerated in the Revised	130975
Code, the director or the director's designee shall do all of the	130976
following:	130977

(1) Administer and direct the performance of the duties of	130978
the department;	130979

(2) Pursuant to Chapter 119. of the Revised Code, approve,	130980
adopt, and prescribe such forms and rules as are necessary to	130981
carry out the duties of the department;	130982

(3) On behalf of the department and in addition to any	130983
authority the Revised Code otherwise grants to the department,	130984
have the authority and responsibility for approving and entering	130985
into contracts, agreements, and other business arrangements;	130986

(4) Make appointments for the department as needed to comply	130987
with requirements of the Revised Code;	130988

(5) Approve employment actions of the department, including	130989
appointments, promotions, discipline, investigations, and	130990
terminations;	130991

(6) Accept, hold, and use, for the benefit of the department,	130992
any gift, donation, bequest, or devise, and may agree to and	130993
perform all conditions of the gift, donation, bequest, or devise,	130994
that are not contrary to law;	130995

(7) Apply for, allocate, disburse, and account for grants	130996
made available under federal law or from other federal, state, or	130997
private sources;	130998

(8) Develop a list of disqualifying offenses for licensure as	130999
a private investigator or a security guard provider pursuant to	131000
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	131001
Code;	131002

(9) Do all other acts necessary or desirable to carry out	131003
this chapter.	131004

(D)(1) The director of public safety may assess a reasonable	131005
fee, plus the amount of any charge or fee passed on from a	131006
financial institution, on a drawer or indorser for each of the	131007
following:	131008

(a) A check, draft, or money order that is returned or	131009
dishonored;	131010

(b) An automatic bank transfer that is declined, due to	131011
insufficient funds or for any other reason;	131012

(c) Any financial transaction device that is returned or	131013
dishonored for any reason.	131014

(2) The director shall deposit any fee collected under this	131015
division in an appropriate fund as determined by the director	131016
based on the tax, fee, or fine being paid.	131017

(3) As used in this division, "financial transaction device"	131018
has the same meaning as in section 113.40 of the Revised Code.	131019

(E) The director shall establish a homeland security advisory	131020
council to advise the director on homeland security, including	131021
homeland security funding efforts. The advisory council shall	131022
include, but not be limited to, state and local government	131023
officials who have homeland security or emergency management	131024
responsibilities and who represent first responders. The director	131025
shall appoint the members of the council, who shall serve without	131026
compensation.	131027

~~(F)(1) The director or the director's designee shall carry~~	131028
~~out the duties required of the director under Chapter 5507. of the~~	131029
~~Revised Code. The director may, at the director's discretion,~~	131030
~~assign employees of the department to provide assistance in~~	131031
~~carrying out those duties as the director considers necessary.~~	131032

~~(2) The director may adopt rules under Chapter 111. of the~~	131033
~~Revised Code to approve, adopt, and prescribe such forms and~~	131034
~~processes as are necessary to carry out the duties required of the~~	131035
~~director under Chapter 5507. of the Revised Code.~~	131036

Sec. 5505.12. (A) The state highway patrol retirement board	131037
shall have prepared annually by or under the supervision of an	131038
actuary an actuarial valuation of the pension assets, liabilities,	131039
and funding requirements of the state highway patrol retirement	131040
system as established pursuant to this chapter. The actuary shall	131041
complete the valuation in accordance with actuarial standards of	131042
practice promulgated by the actuarial standards board of the	131043
American academy of actuaries and prepare a report of the	131044
valuation. The report shall include all of the following:	131045

(1) A summary of the benefit provisions evaluated;

131046

(2) A summary of the census data and financial information	131047
used in the valuation;	131048

(3) A description of the actuarial assumptions, actuarial	131049
cost method, and asset valuation method used in the valuation,	131050
including a statement of the assumed rate of payroll growth and	131051
assumed rate of growth or decline in the number of members	131052
contributing to the retirement system;	131053

(4) A summary of findings that includes a statement of the	131054
actuarial accrued pension liabilities and unfunded actuarial	131055
accrued pension liabilities;	131056

(5) A schedule showing the effect of any changes in the	131057
benefit provisions, actuarial assumptions, or cost methods since	131058
the last annual actuarial valuation;	131059

(6) A statement of whether contributions to the retirement	131060
system are expected to be sufficient to satisfy the funding	131061
objectives established by the board.	131062

The board shall submit the report to the Ohio retirement	131063
study council, the director of budget and management, and the	131064
standing committees of the house of representatives and the senate	131065
with primary responsibility for retirement legislation immediately	131066
upon its availability and not later than the first day of July	131067
following the year for which the valuation was made.	131068

(B) At such times as the state highway patrol retirement	131069
board determines, and at least once in each five-year period after	131070
January 1, 1966, the board shall have prepared by or under the	131071
supervision of an actuary an actuarial investigation of the	131072
mortality, service, and other experience of the members,	131073
retirants, and beneficiaries to update the actuarial assumptions	131074
used in the actuarial valuation required by division (A) of this	131075
section. The actuary shall prepare a report of the actuarial	131076
investigation. The report shall be prepared and any recommended	131077
changes in actuarial assumptions shall be made in accordance with	131078
the actuarial standards of practice promulgated by the actuarial	131079
standards board of the American academy of actuaries. The report	131080
shall include all of the following:	131081

(1) A summary of relevant decrement and economic assumption	131082
experience observed over the period of the investigation;	131083

(2) Recommended changes in actuarial assumptions to be used	131084
in subsequent actuarial valuations required by division (A) of	131085
this section;	131086

(3) A measurement of the financial effect of the recommended	131087
changes in actuarial assumptions;	131088

(4) If the investigation required by this division includes	131089
the investigation required by division (F) of this section, a	131090
report of the result of that investigation.	131091

The board shall submit the report to the Ohio retirement	131092
study council and the standing committees of the house of	131093
representatives and the senate with primary responsibility for	131094
retirement legislation not later than the first day of November	131095
following the last fiscal year of the period the report covers.	131096

(C) The board may at any time request the actuary to make any	131097
studies or actuarial valuations to determine the adequacy of the	131098
rates of contributions provided by section 5505.15 of the Revised	131099
Code.	131100

(D) The board shall have prepared by or under the supervision	131101
of an actuary an actuarial analysis of any introduced legislation	131102
expected to have a measurable financial impact on the retirement	131103
system. The actuarial analysis shall be completed in accordance	131104
with the actuarial standards of practice promulgated by the	131105
actuarial standards board of the American academy of actuaries.	131106
The actuary shall prepare a report of the actuarial analysis,	131107
which shall include all of the following:	131108

(1) A summary of the statutory changes that are being	131109
evaluated;	131110

(2) A description of or reference to the actuarial	131111
assumptions and actuarial cost method used in the report;	131112

(3) A description of the participant group or groups included	131113
in the report;	131114

(4) A statement of the financial impact of the legislation,	131115
including the resulting increase, if any, in the employer normal	131116
cost percentage; the increase, if any, in actuarial accrued	131117
liabilities; and the per cent of payroll that would be required to	131118
amortize the increase in actuarial accrued liabilities as a level	131119
per cent of covered payroll for all active members over a period	131120
not to exceed thirty years;	131121

(5) A statement of whether the scheduled contributions to the	131122
system after the proposed change is enacted are expected to be	131123
sufficient to satisfy the funding objectives established by the	131124
board.	131125

Not later than sixty days from the date of introduction of	131126
the legislation, the board shall submit a copy of the actuarial	131127
analysis to the legislative service commission, the standing	131128
committees of the house of representatives and the senate with	131129
primary responsibility for retirement legislation, and the Ohio	131130
retirement study council.	131131

(E) The board shall have prepared annually a report giving a	131132
full accounting of the revenues and costs relating to the	131133
provision of benefits under section 5505.28 of the Revised Code.	131134
The report shall be made as of December 31, 1997, and the	131135
thirty-first day of December of each year thereafter. The report	131136
shall include the following:	131137

(1) A description of the statutory authority for the benefits	131138
provided;	131139

(2) A summary of the benefits;

131140

(3) A summary of the eligibility requirements for the	131141
benefits;	131142

(4) A statement of the number of participants eligible for	131143
the benefits;	131144

(5) A description of the accounting, asset valuation, and	131145
funding method used to provide the benefits;	131146

(6) A statement of the net assets available for the provision	131147
of the benefits as of the last day of the fiscal year;	131148

(7) A statement of any changes in the net assets available	131149
for the provision of benefits, including participant and employer	131150
contributions, net investment income, administrative expenses, and	131151
benefits provided to participants, as of the last day of the	131152
fiscal year;	131153

(8) For the last six consecutive fiscal years, a schedule of	131154
the net assets available for the benefits, the annual cost of	131155
benefits, administrative expenses incurred, and annual employer	131156
contributions allocated for the provision of benefits;	131157

(9) A description of any significant changes that affect the	131158
comparability of the report required under this division;	131159

(10) A statement of the amount paid under division (B) of	131160
section 5505.28 of the Revised Code.	131161

The board shall submit the report to the Ohio retirement	131162
study council, the director of budget and management, and the	131163
standing committees of the house of representatives and the senate	131164
with primary responsibility for retirement legislation immediately	131165
upon its availability and not later than the thirtieth day of June	131166
following the year for which the report was made.	131167

(F) At least once in each five-year period, the board shall	131168
have prepared by or under the supervision of an actuary an	131169
actuarial investigation of the deferred retirement option plan	131170
established under section 5505.50 of the Revised Code. The	131171
investigation shall include an examination of the financial	131172
impact, if any, on the retirement system of offering the plan to	131173
members.	131174

The actuary shall prepare a report of the actuarial	131175
investigation. The report shall include a determination of whether	131176
the plan, as established or modified, has a negative financial	131177
impact on the retirement system and, if so, recommendations on how	131178
to modify the plan to eliminate the negative financial impact. If	131179
the actuarial report indicates that the plan has a negative	131180
financial impact on the retirement system, the board shall modify	131181
the plan. If the board modifies the plan, the rights and	131182
obligations of members who have already elected to participate	131183
shall not be altered.	131184

The state's contributions to the employer accumulation fund	131185
shall not be increased to offset any negative financial impact of	131186
the deferred retirement option plan.	131187

The board may include the actuarial investigation required	131188
under this division as part of the actuarial investigation	131189
required under division (B) of this section. If the report of the	131190
actuarial investigation required by this division is not included	131191
in the report required by division (B) of this section, the board	131192
shall submit the report required by this division to the Ohio	131193
retirement study council and the standing committees of the house	131194
of representatives and the senate with primary responsibility for	131195
retirement legislation not later than the first day of November	131196
following the last fiscal year of the period the report covers.	131197

Sec. 5511.03. The director of transportation shall examine	131198
the existing highway facilities serving the several hospitals,	131199
educational institutions, and correctional and other similar	131200
institutions belonging to the state, and located outside municipal	131201
corporations. Where the director finds that any such state	131202
institution is not located on a state highway or connected with a	131203
highway by a suitable road, affording in its present condition	131204
adequate transportation facilities to those having occasion to	131205
visit such institution, the director may establish a state highway	131206
leading to such institution from a convenient point on an existing	131207
highway. Where the director finds that any such institution is not	131208
served by adequate highway facilities connecting it with the	131209
railroad delivery point from which it principally obtains fuel,	131210
provisions, and supplies, the director may establish a highway	131211
connecting such institution and railroad delivery point.	131212
Limitations imposed on the mileage of state highways shall not	131213
apply to highways established under this section.	131214

The director may construct at state expense all highways	131215
established under authority of this section and pay the entire	131216
cost thereof from the state highway operating fund. Such highways	131217
shall be maintained by the department of transportation and the	131218
cost shall be paid from the highway operating fund of the	131219
department.	131220

The directors of transportation, ~~mental health~~mental health	131221
and addiction services, developmental disabilities, and	131222
rehabilitation and correction may cooperate in the establishment,	131223
construction, reconstruction, maintenance, and repair of roads	131224
within the limits of state institutions. The cost shall be paid	131225
from funds appropriated for highway purposes and from the funds	131226
appropriated to the department of ~~mental health~~mental health and	131227
addiction services, department of developmental disabilities, or	131228
the department of rehabilitation and correction for capital	131229
improvements or maintenance in such proportion as may be agreed	131230
upon by the directors of transportation, ~~mental health~~mental	131231
health and addiction services, developmental disabilities, and	131232
rehabilitation and correction.	131233

Sec. 5515.08. (A) The department of transportation may	131234
contract to sell commercial advertising space within or on the	131235
outside surfaces of any building located within a roadside rest	131236
area under its jurisdiction in exchange for cash payment. Money	131237
the department receives under this section shall be deposited in	131238
the state treasury to the credit of the ~~roadside rest area~~	131239
~~improvement~~highway operating fund~~, which is hereby created. The~~	131240
~~department shall use the money in the fund only to improve~~	131241
~~roadside rest areas in accordance with section 5529.06 of the~~	131242
~~Revised Code~~.	131243

(B) Advertising placed under this section shall comply with	131244
all of the following:	131245

(1) It shall not be libelous or obscene and shall not promote	131246
any illegal product or service.	131247

(2) It shall not promote illegal discrimination on the basis	131248
of the race, religion, national origin, handicap, age, or ancestry	131249
of any person.	131250

(3) It shall not support or oppose any candidate for	131251
political office or any political cause, issue, or organization.	131252

(4) It shall comply with any controlling federal or state	131253
regulations or restrictions.	131254

(5) To the extent physically and technically practical, it	131255
shall state that the advertisement is a paid commercial	131256
advertisement and that the state does not endorse the product or	131257
service promoted by the advertisement or make any representation	131258
about the accuracy of the advertisement or the quality or	131259
performance of the product or service promoted by the	131260
advertisement.	131261

(6) It shall conform to all applicable rules adopted by the	131262
director of transportation under division (E) of this section.	131263

(C) Contracts entered into under this section shall be	131264
awarded only to the qualified bidder who submits the highest	131265
responsive bid or according to uniformly applied rate classes.	131266

(D) No person, except an advertiser alleging a breach of	131267
contract or the improper awarding of a contract, has a cause of	131268
action against the state with respect to any contract or	131269
advertising authorized by this section. Under no circumstances is	131270
the state liable for consequential or noneconomic damages with	131271
respect to any contract or advertising authorized under this	131272
section.	131273

(E) The director, in accordance with Chapter 119. of the	131274
Revised Code, shall adopt rules to implement this section. The	131275
rules shall be consistent with the policy of protecting the safety	131276
of the traveling public and consistent with the national policy	131277
governing the use and control of such roadside rest areas. The	131278
rules shall regulate the awarding of contracts and may regulate	131279
the content, display, and other aspects of the commercial	131280
advertising authorized by this section.	131281

Sec. 5540.03. (A) A transportation improvement district may:

131282

(1) Adopt bylaws for the regulation of its affairs and the	131283
conduct of its business;	131284

(2) Adopt an official seal;

131285

(3) Sue and be sued in its own name, plead and be impleaded,	131286
provided any actions against the district shall be brought in the	131287
court of common pleas of the county in which the principal office	131288
of the district is located, or in the court of common pleas of the	131289
county in which the cause of action arose, and all summonses,	131290
exceptions, and notices of every kind shall be served on the	131291
district by leaving a copy thereof at its principal office with	131292
the secretary-treasurer;	131293

(4) Purchase, construct, maintain, repair, sell, exchange,	131294
police, operate, or lease projects;	131295

(5) Issue either or both of the following for the purpose of	131296
providing funds to pay the costs of any project or part thereof:	131297

(a) Transportation improvement district revenue bonds;

131298

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	131299
Constitution;	131300

(6) Maintain such funds as it considers necessary;

131301

(7) Direct its agents or employees, when properly identified	131302
in writing and after at least five days' written notice, to enter	131303
upon lands within its jurisdiction to make surveys and	131304
examinations preliminary to the location and construction of	131305
projects for the district, without liability of the district or	131306
its agents or employees except for actual damage done;	131307

(8) Make and enter into all contracts and agreements	131308
necessary or incidental to the performance of its functions and	131309
the execution of its powers under this chapter;	131310

(9) Employ or retain or contract for the services of	131311
consulting engineers, superintendents, managers, and such other	131312
engineers, construction and accounting experts, financial	131313
advisers, trustees, marketing, remarketing, and administrative	131314
agents, attorneys, and other employees, independent contractors,	131315
or agents as are necessary in its judgment and fix their	131316
compensation, provided all such expenses shall be payable solely	131317
from the proceeds of bonds or from revenues;	131318

(10) Receive and accept from the federal or any state or	131319
local government, including, but not limited to, any agency,	131320
entity, or instrumentality of any of the foregoing, loans and	131321
grants for or in aid of the construction, maintenance, or repair	131322
of any project, and receive and accept aid or contributions from	131323
any source or person of money, property, labor, or other things of	131324
value, to be held, used, and applied only for the purposes for	131325
which such loans, grants, and contributions are made. Nothing in	131326
division (A)(10) of this section shall be construed as imposing	131327
any liability on this state for any loan received by a	131328
transportation improvement district from a third party unless this	131329
state has entered into an agreement to accept such liability.	131330

(11) Acquire, hold, and dispose of property in the exercise	131331
of its powers and the performance of its duties under this	131332
chapter;	131333

(12) Establish and collect tolls or user charges for its	131334
projects;	131335

(13) Subject to section 5540.18 of the Revised Code, enter	131336
into an agreement with a contiguous board of county commissioners	131337
other than the board of county commissioners that created the	131338
transportation improvement district, for the district to exercise	131339
all or any portion of its powers with respect to a project that is	131340
located wholly or partially within the county that is party to the	131341
agreement;	131342

(14) Do all acts necessary and proper to carry out the powers	131343
expressly granted in this chapter.	131344

(B) Chapters 123., 124., 125., 153., and 4115., and sections	131345
9.331 to 9.335 and 307.86 of the Revised Code do not apply to	131346
contracts or projects of a transportation improvement district.	131347

Sec. 5540.18. A board of county commissioners may enter into	131348
an agreement with a contiguous transportation improvement district	131349
that the board of county commissioners did not create for the	131350
district to undertake a project that is located wholly or	131351
partially within that county provided that, the board of county	131352
commissioners of the county that created the transportation	131353
improvement district also must enter into the agreement.	131354

No transportation improvement district shall undertake a	131355
project that is located wholly or partially within a county that	131356
did not create the transportation improvement district except	131357
pursuant to an agreement entered into in accordance with this	131358
section, or as otherwise provided by law.	131359

Sec. 5701.13. (A) As used in this section:

131360

(1) "Nursing home" means a nursing home or a home for the	131361
aging, as those terms are defined in section 3721.01 of the	131362
Revised Code, that is issued a license pursuant to section 3721.02	131363
of the Revised Code.	131364

(2) "Residential care facility" means a residential care	131365
facility, as defined in section 3721.01 of the Revised Code, that	131366
is issued a license pursuant to section 3721.02 of the Revised	131367
Code.	131368

(3) "Residential facility" means a residential facility	131369
licensed under section ~~5119.22~~5119.34 of the Revised Code that	131370
provides accommodations, supervision, and personal care services	131371
for three to sixteen unrelated adults.	131372

(B) As used in Title LVII of the Revised Code, and for the	131373
purpose of other sections of the Revised Code that refer	131374
specifically to Chapter 5701. or section 5701.13 of the Revised	131375
Code, a "home for the aged" means either of the following:	131376

(1) A place of residence for aged and infirm persons that	131377
satisfies divisions (B)(1)(a) to (e) of this section:	131378

(a) It is a nursing home, residential care facility, or	131379
residential facility.	131380

(b) It is owned by a corporation, unincorporated nonprofit	131381
association, or trust of a charitable, religious, or fraternal	131382
nature, that is organized and operated not for profit, is not	131383
formed for the pecuniary gain or profit of, and whose net earnings	131384
or any part of whose net earnings is not distributable to, its	131385
members, trustees, officers, or other private persons, and is	131386
exempt from federal income taxation under section 501 of the	131387
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	131388

(c) It is open to the public without regard to race, color,	131389
or national origin.	131390

(d) It does not pay, directly or indirectly, compensation for	131391
services rendered, interest on debts incurred, or purchase price	131392
for land, building, equipment, supplies, or other goods or	131393
chattels, which compensation, interest, or purchase price is	131394
unreasonably high.	131395

(e) It provides services for the life of each resident	131396
without regard to the resident's ability to continue payment for	131397
the full cost of the services.	131398

(2) A place of residence that satisfies divisions (B)(1)(b),	131399
(d), and (e) of this section; that satisfies the definition of	131400
"nursing home" or "residential care facility" under section	131401
3721.01 of the Revised Code or the definition of "residential	131402
facility" under division (A)(3) of this section regardless of	131403
whether it is licensed as such a home or facility; and that is	131404
provided at no charge to individuals on account of their service	131405
without compensation to a charitable, religious, fraternal, or	131406
educational institution, which individuals are aged or infirm and	131407
are members of the corporation, association, or trust that owns	131408
the place of residence. For the purposes of division (B)(2) of	131409
this section, "compensation" does not include furnishing room and	131410
board, clothing, health care, or other necessities, or stipends or	131411
other de minimis payments to defray the cost thereof.	131412

Exemption from taxation shall be accorded, on proper	131413
application, only to those homes or parts of homes that meet the	131414
standards and provide the services specified in this section.	131415

Nothing in this section shall be construed as preventing a	131416
home from requiring a resident with financial need to apply for	131417
any applicable financial assistance or requiring a home to retain	131418
a resident who willfully refuses to pay for services for which the	131419
resident has contracted even though the resident has sufficient	131420
resources to do so.	131421

(C)(1) If a corporation, unincorporated nonprofit	131422
association, or trust described in division (B)(1)(b) of this	131423
section is granted a certificate of need pursuant to section	131424
3702.52 of the Revised Code to construct, add to, or otherwise	131425
modify a nursing home, or is given approval pursuant to section	131426
3791.04 of the Revised Code to construct, add to, or otherwise	131427
modify a residential care facility or residential facility and if	131428
the corporation, association, or trust submits an affidavit to the	131429
tax commissioner stating that, commencing on the date of licensure	131430
and continuing thereafter, the home or facility will be operated	131431
in accordance with the requirements of divisions (B)(1)(a) to (e)	131432
of this section, the corporation, association, or trust shall be	131433
considered to be operating a "home for the aged" within the	131434
meaning of division (B)(1) of this section, beginning on the first	131435
day of January of the year in which such certificate is granted or	131436
approval is given.	131437

(2) If a corporation, association, or trust is considered to	131438
be operating a "home for the aged" pursuant to division (C)(1) of	131439
this section, the corporation, association, or trust shall notify	131440
the tax commissioner in writing upon the occurrence of any of the	131441
following events:	131442

(a) The corporation, association, or trust no longer intends	131443
to complete the construction of, addition to, or modification of	131444
the home or facility, to obtain the appropriate license for the	131445
home or facility, or to commence operation of the home or facility	131446
in accordance with the requirements of divisions (B)(1)(a) to (e)	131447
of this section;	131448

(b) The certificate of approval referred to in division	131449
(C)(1) of this section expires, is revoked, or is otherwise	131450
terminated prior to the completion of the construction of,	131451
addition to, or modification of the home or facility;	131452

(c) The license to operate the home or facility is not	131453
granted by the director of health within one year following	131454
completion of the construction of, addition to, or modification of	131455
the home or facility;	131456

(d) The license to operate the home or facility is not	131457
granted by the director of health within four years following the	131458
date upon which the certificate or approval referred to in	131459
division (C)(1) of this section was granted or given;	131460

(e) The home or facility is granted a license to operate as a	131461
nursing home, residential care facility, or residential facility.	131462

(3) Upon the occurrence of any of the events referred to in	131463
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	131464
corporation, association, or trust shall no longer be considered	131465
to be operating a "home for the aged" pursuant to division (C)(1)	131466
of this section, except that the tax commissioner, for good cause	131467
shown and to the extent the commissioner considers appropriate,	131468
may extend the time period specified in division (C)(2)(c) or (d)	131469
of this section, or both. Nothing in division (C)(3) of this	131470
section shall be construed to prevent a nursing home, residential	131471
care facility, or residential facility from qualifying as a "home	131472
for the aged" if, upon proper application made pursuant to	131473
division (B) of this section, it is found to meet the requirements	131474
of divisions (A) and (B) of this section.	131475

Sec. 5703.052. (A) There is hereby created in the state	131476
treasury the tax refund fund, from which refunds shall be paid for	131477
taxes illegally or erroneously assessed or collected, or for any	131478
other reason overpaid, that are levied by Chapter 4301., 4305.,	131479
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	131480
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	131481
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	131482
5727.81, and 5727.811 of the Revised Code. Refunds for fees	131483
illegally or erroneously assessed or collected, or for any other	131484
reason overpaid, that are levied by sections 3734.90 to 3734.9014	131485
of the Revised Code also shall be paid from the fund. Refunds for	131486
amounts illegally or erroneously assessed or collected by the tax	131487
commissioner, or for any other reason overpaid, that are due under	131488
section 1509.50 of the Revised Code shall be paid from the fund.	131489
However, refunds for taxes levied under section 5739.101 of the	131490
Revised Code shall not be paid from the tax refund fund, but shall	131491
be paid as provided in section 5739.104 of the Revised Code.	131492

(B)(1) Upon certification by the tax commissioner to the	131493
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	131494
another amount refunded, or by the superintendent of insurance of	131495
a domestic or foreign insurance tax refund, the treasurer of state	131496
shall place the amount certified to the credit of the fund. The	131497
certified amount transferred shall be derived from ~~current~~the	131498
receipts of the same tax, fee, or other amount from which the	131499
refund arose. ~~If current receipts from the tax, fee, or other~~	131500
~~amount from which the refund arose are inadequate to make the~~	131501
~~transfer of the amount so certified, the treasurer of state shall~~	131502
~~transfer such certified amount from current receipts of the sales~~	131503
~~tax levied by section 5739.02 of the Revised Code.~~	131504

(2) When ~~the treasurer of state provides for the payment of a~~	131505
~~refund of a tax, fee, or other amount from the current receipts of~~	131506
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	131507
that is not levied by the state, the tax commissioner shall	131508
recover the amount of that refund from the next distribution of	131509
that tax, fee, or other amount that otherwise would be made to the	131510
taxing jurisdiction. If the amount to be recovered would exceed	131511
twenty-five per cent of the next distribution of that tax, fee, or	131512
other amount, the commissioner may spread the recovery over more	131513
than one future distribution, taking into account the amount to be	131514
recovered and the amount of the anticipated future distributions.	131515
In no event may the commissioner spread the recovery over a period	131516
to exceed twenty-four months.	131517

Sec. 5703.053. As used in this section, "postal service"	131518
means the United States postal service.	131519

An application to the tax commissioner for a tax refund under	131520
section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,	131521
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07,	131522
5741.10, 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the	131523
Revised Code or division (B) of section 5703.05 of the Revised	131524
Code, or a fee refunded under section 3734.905 of the Revised	131525
Code, that is received after the last day for filing under such	131526
section shall be considered to have been filed in a timely manner	131527
if:	131528

(A) The application is delivered by the postal service and	131529
the earliest postal service postmark on the cover in which the	131530
application is enclosed is not later than the last day for filing	131531
the application;	131532

(B) The application is delivered by the postal service, the	131533
only postmark on the cover in which the application is enclosed	131534
was affixed by a private postal meter, the date of that postmark	131535
is not later than the last day for filing the application, and the	131536
application is received within seven days of such last day; or	131537

(C) The application is delivered by the postal service, no	131538
postmark date was affixed to the cover in which the application is	131539
enclosed or the date of the postmark so affixed is not legible,	131540
and the application is received within seven days of the last day	131541
for making the application.	131542

Sec. 5703.059. (A) The tax commissioner may adopt rules	131543
requiring returns, including any accompanying schedule or	131544
statement, for any of the following taxes to be filed	131545
electronically using the Ohio business gateway as defined in	131546
section 718.051 of the Revised Code, filed telephonically using	131547
the system known as the Ohio telefile system, or filed by any	131548
other electronic means prescribed by the commissioner:	131549

(1) Employer income tax withholding under Chapter 5747. of	131550
the Revised Code;	131551

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

131552

(3) Cigarette and tobacco product tax under Chapter 5743. of	131553
the Revised Code;	131554

(4) Severance tax under Chapter 5749. of the Revised Code;

131555

(5) Use tax under Chapter 5741. of the Revised Code;

131556

(6) Commercial activity tax under Chapter 5751. of the	131557
Revised Code;	131558

(7) Financial institutions tax under Chapter 5726. of the	131559
Revised Code;	131560

(8) Motor fuel receipts tax under Chapter 5736. of the	131561
Revised Code.	131562

(B) The tax commissioner may adopt rules requiring any	131563
payment of tax shown on such a return to be due to be made	131564
electronically in a manner approved by the commissioner.	131565

(C) A rule adopted under this section does not apply to	131566
returns or reports filed or payments made before six months after	131567
the effective date of the rule. The commissioner shall publicize	131568
any new electronic filing requirement on the department's web	131569
site. The commissioner shall educate the public of the requirement	131570
through seminars, workshops, conferences, or other outreach	131571
activities.	131572

(D) Any person required to file returns and make payments	131573
electronically under rules adopted under this section may apply to	131574
the commissioner, on a form prescribed by the commissioner, to be	131575
excused from that requirement. For good cause shown, the	131576
commissioner may excuse the applicant from the requirement and	131577
permit the applicant to file the returns or reports or make the	131578
payments required under this section by nonelectronic means.	131579

Sec. 5703.19. (A) To carry out the purposes of the laws that	131580
the tax commissioner is required to administer, the commissioner	131581
or any person employed by the commissioner for that purpose, upon	131582
demand, may inspect books, accounts, records, and memoranda of any	131583
person or public utility subject to those laws, and may examine	131584
under oath any officer, agent, or employee of that person or	131585
public utility. Any person other than the commissioner who makes a	131586
demand pursuant to this section shall produce the person's	131587
authority to make the inspection.	131588

(B) If a person or public utility receives at least ten days'	131589
written notice of a demand made under division (A) of this section	131590
and refuses to comply with that demand, a penalty of five hundred	131591
dollars shall be imposed upon the person or public utility for	131592
each day the person or public utility refuses to comply with the	131593
demand. Penalties imposed under this division may be assessed and	131594
collected in the same manner as assessments made under Chapter	131595
3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743.,	131596
5745., 5747., 5749., 5751., or 5753., or sections 3734.90 to	131597
3734.9014, of the Revised Code.	131598

Sec. 5703.21. (A) Except as provided in divisions (B) and	131599
(C) of this section, no agent of the department of taxation,	131600
except in the agent's report to the department or when called on	131601
to testify in any court or proceeding, shall divulge any	131602
information acquired by the agent as to the transactions,	131603
property, or business of any person while acting or claiming to	131604
act under orders of the department. Whoever violates this	131605
provision shall thereafter be disqualified from acting as an	131606
officer or employee or in any other capacity under appointment or	131607
employment of the department.	131608

(B)(1) For purposes of an audit pursuant to section 117.15 of	131609
the Revised Code, or an audit of the department pursuant to	131610
Chapter 117. of the Revised Code, or an audit, pursuant to that	131611
chapter, the objective of which is to express an opinion on a	131612
financial report or statement prepared or issued pursuant to	131613
division (A)(7) or (9) of section 126.21 of the Revised Code, the	131614
officers and employees of the auditor of state charged with	131615
conducting the audit shall have access to and the right to examine	131616
any state tax returns and state tax return information in the	131617
possession of the department to the extent that the access and	131618
examination are necessary for purposes of the audit. Any	131619
information acquired as the result of that access and examination	131620
shall not be divulged for any purpose other than as required for	131621
the audit or unless the officers and employees are required to	131622
testify in a court or proceeding under compulsion of legal	131623
process. Whoever violates this provision shall thereafter be	131624
disqualified from acting as an officer or employee or in any other	131625
capacity under appointment or employment of the auditor of state.	131626

(2) For purposes of an internal audit pursuant to section	131627
126.45 of the Revised Code, the officers and employees of the	131628
office of internal ~~auditing~~audit in the office of budget and	131629
management charged with ~~conducting~~directing the internal audit	131630
shall have access to and the right to examine any state tax	131631
returns and state tax return information in the possession of the	131632
department to the extent that the access and examination are	131633
necessary for purposes of the internal audit. Any information	131634
acquired as the result of that access and examination shall not be	131635
divulged for any purpose other than as required for the internal	131636
audit or unless the officers and employees are required to testify	131637
in a court or proceeding under compulsion of legal process.	131638
Whoever violates this provision shall thereafter be disqualified	131639
from acting as an officer or employee or in any other capacity	131640
under appointment or employment of the office of internal ~~auditing~~	131641
audit.	131642

(3) As provided by section 6103(d)(2) of the Internal Revenue	131643
Code, any federal tax returns or federal tax information that the	131644
department has acquired from the internal revenue service, through	131645
federal and state statutory authority, may be disclosed to the	131646
auditor of state or the office of internal ~~auditing~~audit solely	131647
for purposes of an audit of the department.	131648

(4) For purposes of Chapter 3739. of the Revised Code, an	131649
agent of the department of taxation may share information with the	131650
division of state fire marshal that the agent finds during the	131651
course of an investigation.	131652

(C) Division (A) of this section does not prohibit any of the	131653
following:	131654

(1) Divulging information contained in applications,	131655
complaints, and related documents filed with the department under	131656
section 5715.27 of the Revised Code or in applications filed with	131657
the department under section 5715.39 of the Revised Code;	131658

(2) Providing information to the office of child support	131659
within the department of job and family services pursuant to	131660
section 3125.43 of the Revised Code;	131661

(3) Disclosing to the motor vehicle repair board any	131662
information in the possession of the department that is necessary	131663
for the board to verify the existence of an applicant's valid	131664
vendor's license and current state tax identification number under	131665
section 4775.07 of the Revised Code;	131666

(4) Providing information to the administrator of workers'	131667
compensation pursuant to sections 4123.271 and 4123.591 of the	131668
Revised Code;	131669

(5) Providing to the attorney general information the	131670
department obtains under division (J) of section 1346.01 of the	131671
Revised Code;	131672

(6) Permitting properly authorized officers, employees, or	131673
agents of a municipal corporation from inspecting reports or	131674
information pursuant to rules adopted under section 5745.16 of the	131675
Revised Code;	131676

(7) Providing information regarding the name, account number,	131677
or business address of a holder of a vendor's license issued	131678
pursuant to section 5739.17 of the Revised Code, a holder of a	131679
direct payment permit issued pursuant to section 5739.031 of the	131680
Revised Code, or a seller having a use tax account maintained	131681
pursuant to section 5741.17 of the Revised Code, or information	131682
regarding the active or inactive status of a vendor's license,	131683
direct payment permit, or seller's use tax account;	131684

(8) Releasing invoices or invoice information furnished under	131685
section 4301.433 of the Revised Code pursuant to that section;	131686

(9) Providing to a county auditor notices or documents	131687
concerning or affecting the taxable value of property in the	131688
county auditor's county. Unless authorized by law to disclose	131689
documents so provided, the county auditor shall not disclose such	131690
documents;	131691

(10) Providing to a county auditor sales or use tax return or	131692
audit information under section 333.06 of the Revised Code;	131693

(11) Subject to section 4301.441 of the Revised Code,	131694
disclosing to the appropriate state agency information in the	131695
possession of the department of taxation that is necessary to	131696
verify a permit holder's gallonage or noncompliance with taxes	131697
levied under Chapter 4301. or 4305. of the Revised Code;	131698

(12) Disclosing to the department of natural resources	131699
information in the possession of the department of taxation that	131700
is necessary for the department of taxation to verify the	131701
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	131702
of section 5749.02 of the Revised Code ~~and information received~~	131703
~~pursuant to section 1509.50 of the Revised Code concerning the~~	131704
~~amount due under that section~~or to allow the department of	131705
natural resources to enforce Chapter 1509. of the Revised Code;	131706

(13) Disclosing to the department of job and family services,	131707
industrial commission, and bureau of workers' compensation	131708
information in the possession of the department of taxation solely	131709
for the purpose of identifying employers that misclassify	131710
employees as independent contractors or that fail to properly	131711
report and pay employer tax liabilities. The department of	131712
taxation shall disclose only such information that is necessary to	131713
verify employer compliance with law administered by those	131714
agencies.	131715

(14) Disclosing to the Ohio casino control commission	131716
information in the possession of the department of taxation that	131717
is necessary to verify a casino operator's compliance with section	131718
5747.063 or 5753.02 of the Revised Code and sections related	131719
thereto;	131720

(15) Disclosing to the state lottery commission information	131721
in the possession of the department of taxation that is necessary	131722
to verify a lottery sales agent's compliance with section 5747.064	131723
of the Revised Code.	131724

Sec. 5703.37. (A)(1) Except as provided in division (B) of	131725
this section, whenever service of a notice or order is required in	131726
the manner provided in this section, a copy of the notice or order	131727
shall be served upon the person affected thereby either by	131728
personal service, by certified mail, or by a delivery service	131729
authorized under section 5703.056 of the Revised Code that	131730
notifies the tax commissioner of the date of delivery.	131731

(2) In lieu of serving a copy of a notice or order through	131732
one of the means provided in division (A)(1) of this section, the	131733
commissioner may serve a notice or order upon the person affected	131734
thereby through alternative means as provided in this section,	131735
including, but not limited to, delivery by secure electronic mail	131736
as provided in division (F) of this section. Delivery by such	131737
means satisfies the requirements for delivery under this section.	131738

(B)(1)(a) If certified mail is returned because of an	131739
undeliverable address, the commissioner shall first utilize	131740
reasonable means to ascertain a new last known address, including	131741
the use of a change of address service offered by the United	131742
States postal service or an authorized delivery service under	131743
section 5703.056 of the Revised Code. If, after using reasonable	131744
means, the commissioner is unable to ascertain a new last known	131745
address, the assessment is final for purposes of section 131.02 of	131746
the Revised Code sixty days after the notice or order sent by	131747
certified mail is first returned to the commissioner, and the	131748
commissioner shall certify the notice or order, if applicable, to	131749
the attorney general for collection under section 131.02 of the	131750
Revised Code.	131751

(b) Notwithstanding certification to the attorney general	131752
under division (B)(1)(a) of this section, once the commissioner or	131753
attorney general, or the designee of either, makes an initial	131754
contact with the person to whom the notice or order is directed,	131755
the person may protest an assessment by filing a petition for	131756
reassessment within sixty days after the initial contact. The	131757
certification of an assessment under division (B)(1)(a) of this	131758
section is prima-facie evidence that delivery is complete and that	131759
the notice or order is served.	131760

(2) If mailing of a notice or order by certified mail is	131761
returned for some cause other than an undeliverable address or if	131762
a person does not access an electronic notice or order within the	131763
time provided in division (F) of this section, the commissioner	131764
shall resend the notice or order by ordinary mail. The notice or	131765
order shall show the date the commissioner sends the notice or	131766
order and include the following statement:	131767

"This notice or order is deemed to be served on the addressee	131768
under applicable law ten days from the date this notice or order	131769
was mailed by the commissioner as shown on the notice or order,	131770
and all periods within which an appeal may be filed apply from and	131771
after that date."	131772

Unless the mailing is returned because of an undeliverable	131773
address, the mailing of that information is prima-facie evidence	131774
that delivery of the notice or order was completed ten days after	131775
the commissioner sent the notice or order by ordinary mail and	131776
that the notice or order was served.	131777

If the ordinary mail is subsequently returned because of an	131778
undeliverable address, the commissioner shall proceed under	131779
division (B)(1)(a) of this section. A person may challenge the	131780
presumption of delivery and service under this division in	131781
accordance with division (C) of this section.	131782

(C)(1) A person disputing the presumption of delivery and	131783
service under division (B) of this section bears the burden of	131784
proving by a preponderance of the evidence that the address to	131785
which the notice or order was sent was not an address with which	131786
the person was associated at the time the commissioner originally	131787
mailed the notice or order by certified mail. For the purposes of	131788
this section, a person is associated with an address at the time	131789
the commissioner originally mailed the notice or order if, at that	131790
time, the person was residing, receiving legal documents, or	131791
conducting business at the address; or if, before that time, the	131792
person had conducted business at the address and, when the notice	131793
or order was mailed, the person's agent or the person's affiliate	131794
was conducting business at the address. For the purposes of this	131795
section, a person's affiliate is any other person that, at the	131796
time the notice or order was mailed, owned or controlled at least	131797
twenty per cent, as determined by voting rights, of the	131798
addressee's business.	131799

(2) If the person elects to protest an assessment certified	131800
to the attorney general for collection, the person must do so	131801
within sixty days after the attorney general's initial contact	131802
with the person. The attorney general may enter into a compromise	131803
with the person under sections 131.02 and 5703.06 of the Revised	131804
Code if the person does not file a petition for reassessment with	131805
the commissioner.	131806

(D) Nothing in this section prohibits the commissioner or the	131807
commissioner's designee from delivering a notice or order by	131808
personal service.	131809

(E) Collection actions taken pursuant to section 131.02 of	131810
the Revised Code upon any assessment being challenged under	131811
division (B)(1)(b) of this section shall be stayed upon the	131812
pendency of an appeal under this section. If a petition for	131813
reassessment is filed pursuant to this section on a claim that has	131814
been certified to the attorney general for collection, the claim	131815
shall be uncertified.	131816

(F) The commissioner may serve a notice or order upon the	131817
person affected by the notice or order through secure electronic	131818
means only with the person's consent. The commissioner must inform	131819
the recipient, electronically or by mail, that a notice or order	131820
is available for electronic review and provide instructions to	131821
access and print the notice or order. The recipient's electronic	131822
access of the notice or order satisfies the requirements for	131823
delivery under this section. If the recipient fails to access the	131824
notice or order electronically within ten business days, then the	131825
commissioner shall inform the recipient a second time,	131826
electronically or by mail, that a notice or order is available for	131827
electronic review and provide instructions to access and print the	131828
notice or order. If the recipient fails to access the notice or	131829
order electronically within ten business days of the second	131830
notification, the notice or order shall be served upon the person	131831
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	131832
section.	131833

(G) As used in this section:

131834

(1) "Last known address" means the address the department has	131835
at the time the document is originally sent by certified mail, or	131836
any address the department can ascertain using reasonable means	131837
such as the use of a change of address service offered by the	131838
United States postal service or an authorized delivery service	131839
under section 5703.056 of the Revised Code.	131840

(2) "Undeliverable address" means an address to which the	131841
United States postal service or an authorized delivery service	131842
under section 5703.056 of the Revised Code is not able to deliver	131843
a notice or order, except when the reason for nondelivery is	131844
because the addressee fails to acknowledge or accept the notice or	131845
order.	131846

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the	131847
Revised Code:	131848

(A) "Tax" includes only those taxes imposed on tangible	131849
personal property listed in accordance with Chapter 5711. of the	131850
Revised Code and taxes imposed under Chapters 5733., 5736., 5739.,	131851
5741., 5747., and 5751. of the Revised Code.	131852

(B) "Taxpayer" means a person subject to or potentially	131853
subject to a tax including an employer required to deduct and	131854
withhold any amount under section 5747.06 of the Revised Code.	131855

(C) "Audit" means the examination of a taxpayer or the	131856
inspection of the books, records, memoranda, or accounts of a	131857
taxpayer for the purpose of determining liability for a tax.	131858

(D) "Assessment" means a notice of underpayment or nonpayment	131859
of a tax issued pursuant to section 5711.26, 5711.32, 5733.11,	131860
5736.09, 5739.13, 5741.11, 5741.13, 5747.13, or 5751.09 of the	131861
Revised Code.	131862

(E) "County auditor" means the auditor of the county in which	131863
the tangible personal property subject to a tax is located.	131864

Sec. 5703.70. (A) On the filing of an application for refund	131865
under section 3734.905, 4307.05, 4307.07, 5726.30, 5727.28,	131866
5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141,	131867
5735.142, 5735.18, 5736.08, 5739.07, 5739.071, 5739.104, 5741.10,	131868
5743.05, 5743.53, 5749.08, 5751.08, or 5753.06 of the Revised	131869
Code, or an application for compensation under section 5739.061 of	131870
the Revised Code, if the tax commissioner determines that the	131871
amount of the refund or compensation to which the applicant is	131872
entitled is less than the amount claimed in the application, the	131873
commissioner shall give the applicant written notice by ordinary	131874
mail of the amount. The notice shall be sent to the address shown	131875
on the application unless the applicant notifies the commissioner	131876
of a different address. The applicant shall have sixty days from	131877
the date the commissioner mails the notice to provide additional	131878
information to the commissioner or request a hearing, or both.	131879

(B) If the applicant neither requests a hearing nor provides	131880
additional information to the tax commissioner within the time	131881
prescribed by division (A) of this section, the commissioner shall	131882
take no further action, and the refund or compensation amount	131883
denied becomes final.	131884

(C)(1) If the applicant requests a hearing within the time	131885
prescribed by division (A) of this section, the tax commissioner	131886
shall assign a time and place for the hearing and notify the	131887
applicant of such time and place, but the commissioner may	131888
continue the hearing from time to time as necessary. After the	131889
hearing, the commissioner may make such adjustments to the refund	131890
or compensation as the commissioner finds proper, and shall issue	131891
a final determination thereon.	131892

(2) If the applicant does not request a hearing, but provides	131893
additional information, within the time prescribed by division (A)	131894
of this section, the commissioner shall review the information,	131895
make such adjustments to the refund or compensation as the	131896
commissioner finds proper, and issue a final determination	131897
thereon.	131898

(3) The commissioner shall serve a copy of the final	131899
determination made under division (C)(1) or (2) of this section on	131900
the applicant in the manner provided in section 5703.37 of the	131901
Revised Code, and the decision is final, subject to appeal under	131902
section 5717.02 of the Revised Code.	131903

(D) The tax commissioner shall certify to the director of	131904
budget and management and treasurer of state for payment from the	131905
tax refund fund created by section 5703.052 of the Revised Code,	131906
the amount of the refund to be refunded under division (B) or (C)	131907
of this section. The commissioner also shall certify to the	131908
director and treasurer of state for payment from the general	131909
revenue fund the amount of compensation to be paid under division	131910
(B) or (C) of this section.	131911

Sec. 5703.75. This section applies to any tax payable to the	131912
state and administered by the tax commissioner. If the total	131913
amount of any such tax shown to be due on a return, amended	131914
return, or notice does not exceed one dollar, the taxpayer shall	131915
not be required to remit the amount due. If the total amount of a	131916
taxpayer's overpayment of any such tax does not exceed one dollar,	131917
the tax commissioner shall not be required to refund the	131918
overpayment.	131919

Sec. 5703.76. Any payment or distribution of money that the	131920
tax commissioner is required by law to make to a political	131921
subdivision of this state, an officer thereof, or a political	131922
party shall be made by electronic funds transfer. The commissioner	131923
shall promulgate any rules necessary to administer this section.	131924

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	131925
department of taxation shall acquire the necessary hardware,	131926
software, and services to establish and implement a tax discovery	131927
data system to increase the efficiency of tax collections in the	131928
state. The system must be fully integrated and pre-staged for the	131929
purposes of assisting in revenue analysis, discovering	131930
noncompliant taxpayers, and collecting taxes from those taxpayers.	131931
The system shall consolidate tax data from various mainframe	131932
systems and operate as a single tax discovery data system. The	131933
department shall contract, pursuant to a competitive bidding	131934
process, for the necessary hardware, software, and services to	131935
implement the tax discovery data system.	131936

~~(B) There is hereby created in the state treasury the~~	131937
~~discovery project fund. All money to the credit of the fund shall~~	131938
~~be used to pay the costs of implementing and operating the tax~~	131939
~~discovery data system and to defray the costs incurred by the~~	131940
~~department of taxation in administering the system.~~	131941

~~(C) Beginning July 1, 2009, on or before the first day of~~	131942
~~January, April, July, and October of each calendar year, the tax~~	131943
~~commissioner shall determine and certify to the director of budget~~	131944
~~and management the amount needed to pay the costs of operating the~~	131945
~~tax discovery data system in the previous calendar quarter and the~~	131946
~~costs incurred in the previous calendar quarter by the department~~	131947
~~of taxation in administering the system. The director shall~~	131948
~~provide for payment from the general revenue fund to the discovery~~	131949
~~project fund of the amount so certified.~~	131950

Sec. 5705.01. As used in this chapter:

131951

(A) "Subdivision" means any county; municipal corporation;	131952
township; township police district; joint police district;	131953
township fire district; joint fire district; joint ambulance	131954
district; joint emergency medical services district; fire and	131955
ambulance district; joint recreation district; township waste	131956
disposal district; township road district; community college	131957
district; technical college district; detention facility district;	131958
a district organized under section 2151.65 of the Revised Code; a	131959
combined district organized under sections 2152.41 and 2151.65 of	131960
the Revised Code; a joint-county alcohol, drug addiction, and	131961
mental health service district; a drainage improvement district	131962
created under section 6131.52 of the Revised Code; a lake	131963
facilities authority created under Chapter 353. of the Revised	131964
Code; a union cemetery district; a county school financing	131965
district; a city, local, exempted village, cooperative education,	131966
or joint vocational school district; or a regional student	131967
education district created under section 3313.83 of the Revised	131968
Code.	131969

(B) "Municipal corporation" means all municipal corporations,	131970
including those that have adopted a charter under Article XVIII,	131971
Ohio Constitution.	131972

(C) "Taxing authority" or "bond issuing authority" means, in	131973
the case of any county, the board of county commissioners; in the	131974
case of a municipal corporation, the council or other legislative	131975
authority of the municipal corporation; in the case of a city,	131976
local, exempted village, cooperative education, or joint	131977
vocational school district, the board of education; in the case of	131978
a community college district, the board of trustees of the	131979
district; in the case of a technical college district, the board	131980
of trustees of the district; in the case of a detention facility	131981
district, a district organized under section 2151.65 of the	131982
Revised Code, or a combined district organized under sections	131983
2152.41 and 2151.65 of the Revised Code, the joint board of county	131984
commissioners of the district; in the case of a township, the	131985
board of township trustees; in the case of a joint police	131986
district, the joint police district board; in the case of a joint	131987
fire district, the board of fire district trustees; in the case of	131988
a joint recreation district, the joint recreation district board	131989
of trustees; in the case of a joint-county alcohol, drug	131990
addiction, and mental health service district, the district's	131991
board of alcohol, drug addiction, and mental health services; in	131992
the case of a joint ambulance district or a fire and ambulance	131993
district, the board of trustees of the district; in the case of a	131994
union cemetery district, the legislative authority of the	131995
municipal corporation and the board of township trustees, acting	131996
jointly as described in section 759.341 of the Revised Code; in	131997
the case of a drainage improvement district, the board of county	131998
commissioners of the county in which the drainage district is	131999
located; in the case of a lake facilities authority, the board of	132000
directors; in the case of a joint emergency medical services	132001
district, the joint board of county commissioners of all counties	132002
in which all or any part of the district lies; and in the case of	132003
a township police district, a township fire district, a township	132004
road district, or a township waste disposal district, the board of	132005
township trustees of the township in which the district is	132006
located. "Taxing authority" also means the educational service	132007
center governing board that serves as the taxing authority of a	132008
county school financing district as provided in section 3311.50 of	132009
the Revised Code, and the board of directors of a regional student	132010
education district created under section 3313.83 of the Revised	132011
Code.	132012

(D) "Fiscal officer" in the case of a county, means the	132013
county auditor; in the case of a municipal corporation, the city	132014
auditor or village clerk, or an officer who, by virtue of the	132015
charter, has the duties and functions of the city auditor or	132016
village clerk, except that in the case of a municipal university	132017
the board of directors of which have assumed, in the manner	132018
provided by law, the custody and control of the funds of the	132019
university, the chief accounting officer of the university shall	132020
perform, with respect to the funds, the duties vested in the	132021
fiscal officer of the subdivision by sections 5705.41 and 5705.44	132022
of the Revised Code; in the case of a school district, the	132023
treasurer of the board of education; in the case of a county	132024
school financing district, the treasurer of the educational	132025
service center governing board that serves as the taxing	132026
authority; in the case of a township, the township fiscal officer;	132027
in the case of a joint police district, the treasurer of the	132028
district; in the case of a joint fire district, the clerk of the	132029
board of fire district trustees; in the case of a joint ambulance	132030
district, the clerk of the board of trustees of the district; in	132031
the case of a joint emergency medical services district, the	132032
person appointed as fiscal officer pursuant to division (D) of	132033
section 307.053 of the Revised Code; in the case of a fire and	132034
ambulance district, the person appointed as fiscal officer	132035
pursuant to division (B) of section 505.375 of the Revised Code;	132036
in the case of a joint recreation district, the person designated	132037
pursuant to section 755.15 of the Revised Code; in the case of a	132038
union cemetery district, the clerk of the municipal corporation	132039
designated in section 759.34 of the Revised Code; in the case of a	132040
children's home district, educational service center, general	132041
health district, joint-county alcohol, drug addiction, and mental	132042
health service district, county library district, detention	132043
facility district, district organized under section 2151.65 of the	132044
Revised Code, a combined district organized under sections 2152.41	132045
and 2151.65 of the Revised Code, or a metropolitan park district	132046
for which no treasurer has been appointed pursuant to section	132047
1545.07 of the Revised Code, the county auditor of the county	132048
designated by law to act as the auditor of the district; in the	132049
case of a metropolitan park district which has appointed a	132050
treasurer pursuant to section 1545.07 of the Revised Code, that	132051
treasurer; in the case of a drainage improvement district, the	132052
auditor of the county in which the drainage improvement district	132053
is located; in the case of a lake facilities authority, the fiscal	132054
officer designated under section 353.02 of the Revised Code; in	132055
the case of a regional student education district, the fiscal	132056
officer appointed pursuant to section 3313.83 of the Revised Code;	132057
and in all other cases, the officer responsible for keeping the	132058
appropriation accounts and drawing warrants for the expenditure of	132059
the moneys of the district or taxing unit.	132060

(E) "Permanent improvement" or "improvement" means any	132061
property, asset, or improvement with an estimated life or	132062
usefulness of five years or more, including land and interests	132063
therein, and reconstructions, enlargements, and extensions thereof	132064
having an estimated life or usefulness of five years or more.	132065

(F) "Current operating expenses" and "current expenses" mean	132066
the lawful expenditures of a subdivision, except those for	132067
permanent improvements, and except payments for interest, sinking	132068
fund, and retirement of bonds, notes, and certificates of	132069
indebtedness of the subdivision.	132070

(G) "Debt charges" means interest, sinking fund, and	132071
retirement charges on bonds, notes, or certificates of	132072
indebtedness.	132073

(H) "Taxing unit" means any subdivision or other governmental	132074
district having authority to levy taxes on the property in the	132075
district or issue bonds that constitute a charge against the	132076
property of the district, including conservancy districts,	132077
metropolitan park districts, sanitary districts, road districts,	132078
and other districts.	132079

(I) "District authority" means any board of directors,	132080
trustees, commissioners, or other officers controlling a district	132081
institution or activity that derives its income or funds from two	132082
or more subdivisions, such as the educational service center, the	132083
trustees of district children's homes, the district board of	132084
health, a joint-county alcohol, drug addiction, and mental health	132085
service district's board of alcohol, drug addiction, and mental	132086
health services, detention facility districts, a joint recreation	132087
district board of trustees, districts organized under section	132088
2151.65 of the Revised Code, combined districts organized under	132089
sections 2152.41 and 2151.65 of the Revised Code, and other such	132090
boards.	132091

(J) "Tax list" and "tax duplicate" mean the general tax lists	132092
and duplicates prescribed by sections 319.28 and 319.29 of the	132093
Revised Code.	132094

(K) "Property" as applied to a tax levy means taxable	132095
property listed on general tax lists and duplicates.	132096

(L) "Association library district" means a territory, the	132097
boundaries of which are defined by the state library board	132098
pursuant to division (I) of section 3375.01 of the Revised Code,	132099
in which a library association or private corporation maintains a	132100
free public library.	132101

(M) "Library district" means a territory, the boundaries of	132102
which are defined by the state library board pursuant to section	132103
3375.01 of the Revised Code, in which the board of trustees of a	132104
county, municipal corporation, school district, or township public	132105
library maintains a free public library.	132106

(N) "Qualifying library levy" means either of the following:

132107

(1) A levy for the support of a library association or	132108
private corporation that has an association library district with	132109
boundaries that are not identical to those of a subdivision;	132110

(2) A levy proposed under section 5705.23 of the Revised Code	132111
for the support of the board of trustees of a public library that	132112
has a library district with boundaries that are not identical to	132113
those of a subdivision.	132114

(O) "School library district" means a school district in	132115
which a free public library has been established that is under the	132116
control and management of a board of library trustees as provided	132117
in section 3375.15 of the Revised Code.	132118

Sec. 5705.10. (A) All revenue derived from the general levy	132119
for current expense within the ten-mill limitation, from any	132120
general levy for current expense authorized by vote in excess of	132121
the ten-mill limitation, and from sources other than the general	132122
property tax, unless its use for a particular purpose is	132123
prescribed by law, shall be paid into the general fund.	132124

(B) All revenue derived from general or special levies for	132125
debt charges, whether within or in excess of the ten-mill	132126
limitation, which is levied for the debt charges on serial bonds,	132127
notes, or certificates of indebtedness having a life less than	132128
five years, shall be paid into the bond retirement fund; and all	132129
such revenue which is levied for the debt charges on all other	132130
bonds, notes, or certificates of indebtedness shall be paid into	132131
the sinking fund.	132132

(C) All revenue derived from a special levy shall be credited	132133
to a special fund for the purpose for which the levy was made.	132134

(D) Except as otherwise provided by resolution adopted	132135
pursuant to section 3315.01 of the Revised Code, all revenue	132136
derived from a source other than the general property tax and	132137
which the law prescribes shall be used for a particular purpose,	132138
shall be paid into a special fund for such purpose. Except as	132139
otherwise provided by resolution adopted pursuant to section	132140
3315.01 of the Revised Code or as otherwise provided by section	132141
3315.40 of the Revised Code, all revenue derived from a source	132142
other than the general property tax, for which the law does not	132143
prescribe use for a particular purpose, including interest earned	132144
on the principal of any special fund, regardless of the source or	132145
purpose of the principal, shall be paid into the general fund.	132146

(E) All proceeds from the sale of public obligations or	132147
fractionalized interests in public obligations as defined in	132148
section 133.01 of the Revised Code, except premium and accrued	132149
interest, shall be paid into a special fund for the purpose of	132150
such issue, and any interest and other income earned on money in	132151
such special fund may be used for the purposes for which the	132152
indebtedness was authorized or may be credited to the general fund	132153
or other fund or account as the taxing authority authorizes and	132154
used for the purposes of that fund or account. The premium and	132155
accrued interest received from such sale shall be paid into the	132156
sinking fund or the bond retirement fund of the subdivision.	132157

(F) Except as provided in ~~division~~divisions (G) and (H) of	132158
this section, if a permanent improvement of the subdivision is	132159
sold, the amount received from the sale shall be paid into the	132160
sinking fund, the bond retirement fund, or a special fund for the	132161
construction or acquisition of permanent improvements; provided	132162
that the proceeds from the sale of a public utility shall be paid	132163
into the sinking fund or bond retirement fund to the extent	132164
necessary to provide for the retirement of the outstanding	132165
indebtedness incurred in the construction or acquisition of such	132166
utility. Proceeds from the sale of property other than a permanent	132167
improvement shall be paid into the fund from which such property	132168
was acquired or is maintained or, if there is no such fund, into	132169
the general fund.	132170

(G) A township that has a population greater than fifteen	132171
thousand according to the most recent federal decennial census and	132172
that has declared one or more improvements in the township to be a	132173
public purpose under section 5709.73 of the Revised Code may pay	132174
proceeds from the sale of a permanent improvement of the township	132175
into its general fund if both of the following conditions are	132176
satisfied:	132177

(1) The township fiscal officer determines that all	132178
foreseeable public infrastructure improvements, as defined in	132179
section 5709.40 of the Revised Code, to be made in the township in	132180
the ten years immediately following the date the permanent	132181
improvement is sold will have been financed through resolutions	132182
adopted under section 5709.73 of the Revised Code on or before the	132183
date of the sale. The fiscal officer shall provide written	132184
certification of this determination for the township's records.	132185

(2) The permanent improvement being sold was financed	132186
entirely from moneys in the township's general fund.	132187

(H) If a board of education of a school district disposes of	132188
real property under section 3313.41 of the Revised Code, the	132189
proceeds received from the sale may be paid into the school	132190
district's general fund and used only to pay for the costs of	132191
nonoperating capital expenses related to technological upgrades	132192
and equipment to be used for instruction and assessment.	132193

(I) Money paid into any fund shall be used only for the	132194
purposes for which such fund is established.	132195

Sec. 5705.19. This section does not apply to school	132196
districts or, county school financing districts, or lake	132197
facilities authorities.	132198

The taxing authority of any subdivision at any time and in	132199
any year, by vote of two-thirds of all the members of the taxing	132200
authority, may declare by resolution and certify the resolution to	132201
the board of elections not less than ninety days before the	132202
election upon which it will be voted that the amount of taxes that	132203
may be raised within the ten-mill limitation will be insufficient	132204
to provide for the necessary requirements of the subdivision and	132205
that it is necessary to levy a tax in excess of that limitation	132206
for any of the following purposes:	132207

(A) For current expenses of the subdivision, except that the	132208
total levy for current expenses of a detention facility district	132209
or district organized under section 2151.65 of the Revised Code	132210
shall not exceed two mills and that the total levy for current	132211
expenses of a combined district organized under sections 2151.65	132212
and 2152.41 of the Revised Code shall not exceed four mills;	132213

(B) For the payment of debt charges on certain described	132214
bonds, notes, or certificates of indebtedness of the subdivision	132215
issued subsequent to January 1, 1925;	132216

(C) For the debt charges on all bonds, notes, and	132217
certificates of indebtedness issued and authorized to be issued	132218
prior to January 1, 1925;	132219

(D) For a public library of, or supported by, the subdivision	132220
under whatever law organized or authorized to be supported;	132221

(E) For a municipal university, not to exceed two mills over	132222
the limitation of one mill prescribed in section 3349.13 of the	132223
Revised Code;	132224

(F) For the construction or acquisition of any specific	132225
permanent improvement or class of improvements that the taxing	132226
authority of the subdivision may include in a single bond issue;	132227

(G) For the general construction, reconstruction,	132228
resurfacing, and repair of streets, roads, and bridges in	132229
municipal corporations, counties, or townships;	132230

(H) For parks and recreational purposes;

132231

(I) For the purpose of providing and maintaining fire	132232
apparatus, appliances, buildings, or sites therefor, or sources of	132233
water supply and materials therefor, or the establishment and	132234
maintenance of lines of fire alarm telegraph, or the payment of	132235
firefighting companies or permanent, part-time, or volunteer	132236
firefighting, emergency medical service, administrative, or	132237
communications personnel to operate the same, including the	132238
payment of any employer contributions required for such personnel	132239
under section 145.48 or 742.34 of the Revised Code, or the	132240
purchase of ambulance equipment, or the provision of ambulance,	132241
paramedic, or other emergency medical services operated by a fire	132242
department or firefighting company;	132243

(J) For the purpose of providing and maintaining motor	132244
vehicles, communications, other equipment, buildings, and sites	132245
for such buildings used directly in the operation of a police	132246
department, or the payment of salaries of permanent or part-time	132247
police, communications, or administrative personnel to operate the	132248
same, including the payment of any employer contributions required	132249
for such personnel under section 145.48 or 742.33 of the Revised	132250
Code, or the payment of the costs incurred by townships as a	132251
result of contracts made with other political subdivisions in	132252
order to obtain police protection, or the provision of ambulance	132253
or emergency medical services operated by a police department;	132254

(K) For the maintenance and operation of a county home or	132255
detention facility;	132256

(L) For community mental retardation and developmental	132257
disabilities programs and services pursuant to Chapter 5126. of	132258
the Revised Code, except that the procedure for such levies shall	132259
be as provided in section 5705.222 of the Revised Code;	132260

(M) For regional planning;

132261

(N) For a county's share of the cost of maintaining and	132262
operating schools, district detention facilities, forestry camps,	132263
or other facilities, or any combination thereof, established under	132264
section 2151.65 or 2152.41 of the Revised Code or both of those	132265
sections;	132266

(O) For providing for flood defense, providing and	132267
maintaining a flood wall or pumps, and other purposes to prevent	132268
floods;	132269

(P) For maintaining and operating sewage disposal plants and	132270
facilities;	132271

(Q) For the purpose of purchasing, acquiring, constructing,	132272
enlarging, improving, equipping, repairing, maintaining, or	132273
operating, or any combination of the foregoing, a county transit	132274
system pursuant to sections 306.01 to 306.13 of the Revised Code,	132275
or of making any payment to a board of county commissioners	132276
operating a transit system or a county transit board pursuant to	132277
section 306.06 of the Revised Code;	132278

(R) For the subdivision's share of the cost of acquiring or	132279
constructing any schools, forestry camps, detention facilities, or	132280
other facilities, or any combination thereof, under section	132281
2151.65 or 2152.41 of the Revised Code or both of those sections;	132282

(S) For the prevention, control, and abatement of air	132283
pollution;	132284

(T) For maintaining and operating cemeteries;

132285

(U) For providing ambulance service, emergency medical	132286
service, or both;	132287

(V) For providing for the collection and disposal of garbage	132288
or refuse, including yard waste;	132289

(W) For the payment of the police officer employers'	132290
contribution or the firefighter employers' contribution required	132291
under sections 742.33 and 742.34 of the Revised Code;	132292

(X) For the construction and maintenance of a drainage	132293
improvement pursuant to section 6131.52 of the Revised Code;	132294

(Y) For providing or maintaining senior citizens services or	132295
facilities as authorized by section 307.694, 307.85, 505.70, or	132296
505.706 or division (EE) of section 717.01 of the Revised Code;	132297

(Z) For the provision and maintenance of zoological park	132298
services and facilities as authorized under section 307.76 of the	132299
Revised Code;	132300

(AA) For the maintenance and operation of a free public	132301
museum of art, science, or history;	132302

(BB) For the establishment and operation of a 9-1-1 system,	132303
as defined in section ~~5507.01~~128.01 of the Revised Code;	132304

(CC) For the purpose of acquiring, rehabilitating, or	132305
developing rail property or rail service. As used in this	132306
division, "rail property" and "rail service" have the same	132307
meanings as in section 4981.01 of the Revised Code. This division	132308
applies only to a county, township, or municipal corporation.	132309

(DD) For the purpose of acquiring property for, constructing,	132310
operating, and maintaining community centers as provided for in	132311
section 755.16 of the Revised Code;	132312

(EE) For the creation and operation of an office or joint	132313
office of economic development, for any economic development	132314
purpose of the office, and to otherwise provide for the	132315
establishment and operation of a program of economic development	132316
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	132317
the extent that the expenses of a county land reutilization	132318
corporation organized under Chapter 1724. of the Revised Code are	132319
found by the board of county commissioners to constitute the	132320
promotion of economic development, for the payment of such	132321
operations and expenses;	132322

(FF) For the purpose of acquiring, establishing,	132323
constructing, improving, equipping, maintaining, or operating, or	132324
any combination of the foregoing, a township airport, landing	132325
field, or other air navigation facility pursuant to section 505.15	132326
of the Revised Code;	132327

(GG) For the payment of costs incurred by a township as a	132328
result of a contract made with a county pursuant to section	132329
505.263 of the Revised Code in order to pay all or any part of the	132330
cost of constructing, maintaining, repairing, or operating a water	132331
supply improvement;	132332

(HH) For a board of township trustees to acquire, other than	132333
by appropriation, an ownership interest in land, water, or	132334
wetlands, or to restore or maintain land, water, or wetlands in	132335
which the board has an ownership interest, not for purposes of	132336
recreation, but for the purposes of protecting and preserving the	132337
natural, scenic, open, or wooded condition of the land, water, or	132338
wetlands against modification or encroachment resulting from	132339
occupation, development, or other use, which may be styled as	132340
protecting or preserving "greenspace" in the resolution, notice of	132341
election, or ballot form. Except as otherwise provided in this	132342
division, land is not acquired for purposes of recreation, even if	132343
the land is used for recreational purposes, so long as no	132344
building, structure, or fixture used for recreational purposes is	132345
permanently attached or affixed to the land. Except as otherwise	132346
provided in this division, land that previously has been acquired	132347
in a township for these greenspace purposes may subsequently be	132348
used for recreational purposes if the board of township trustees	132349
adopts a resolution approving that use and no building, structure,	132350
or fixture used for recreational purposes is permanently attached	132351
or affixed to the land. The authorization to use greenspace land	132352
for recreational use does not apply to land located in a township	132353
that had a population, at the time it passed its first greenspace	132354
levy, of more than thirty-eight thousand within a county that had	132355
a population, at that time, of at least eight hundred sixty	132356
thousand.	132357

(II) For the support by a county of a crime victim assistance	132358
program that is provided and maintained by a county agency or a	132359
private, nonprofit corporation or association under section 307.62	132360
of the Revised Code;	132361

(JJ) For any or all of the purposes set forth in divisions	132362
(I) and (J) of this section. This division applies only to a	132363
township.	132364

(KK) For a countywide public safety communications system	132365
under section 307.63 of the Revised Code. This division applies	132366
only to counties.	132367

(LL) For the support by a county of criminal justice services	132368
under section 307.45 of the Revised Code;	132369

(MM) For the purpose of maintaining and operating a jail or	132370
other detention facility as defined in section 2921.01 of the	132371
Revised Code;	132372

(NN) For purchasing, maintaining, or improving, or any	132373
combination of the foregoing, real estate on which to hold, and	132374
the operating expenses of, agricultural fairs operated by a county	132375
agricultural society or independent agricultural society under	132376
Chapter 1711. of the Revised Code. This division applies only to a	132377
county.	132378

(OO) For constructing, rehabilitating, repairing, or	132379
maintaining sidewalks, walkways, trails, bicycle pathways, or	132380
similar improvements, or acquiring ownership interests in land	132381
necessary for the foregoing improvements;	132382

(PP) For both of the purposes set forth in divisions (G) and	132383
(OO) of this section.	132384

(QQ) For both of the purposes set forth in divisions (H) and	132385
(HH) of this section. This division applies only to a township.	132386

(RR) For the legislative authority of a municipal	132387
corporation, board of county commissioners of a county, or board	132388
of township trustees of a township to acquire agricultural	132389
easements, as defined in section 5301.67 of the Revised Code, and	132390
to supervise and enforce the easements.	132391

(SS) For both of the purposes set forth in divisions (BB) and	132392
(KK) of this section. This division applies only to a county.	132393

(TT) For the maintenance and operation of a facility that is	132394
organized in whole or in part to promote the sciences and natural	132395
history under section 307.761 of the Revised Code.	132396

(UU) For the creation and operation of a county land	132397
reutilization corporation and for any programs or activities of	132398
the corporation found by the board of directors of the corporation	132399
to be consistent with the purposes for which the corporation is	132400
organized;	132401

(VV) For construction and maintenance of improvements and	132402
expenses of soil and water conservation district programs under	132403
Chapter 1515. of the Revised Code;	132404

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	132405
created under section 3335.35 of the Revised Code for the purposes	132406
prescribed under section 3335.36 of the Revised Code for the	132407
benefit of the citizens of a county. This division applies only to	132408
a county.	132409

(XX) For a municipal corporation that withdraws or proposes	132410
by resolution to withdraw from a regional transit authority under	132411
section 306.55 of the Revised Code to provide transportation	132412
services for the movement of persons within, from, or to the	132413
municipal corporation;	132414

(YY) For any combination of the purposes specified in	132415
divisions (NN), (VV), and (WW) of this section. This division	132416
applies only to a county.	132417

The resolution shall be confined to the purpose or purposes	132418
described in one division of this section, to which the revenue	132419
derived therefrom shall be applied. The existence in any other	132420
division of this section of authority to levy a tax for any part	132421
or all of the same purpose or purposes does not preclude the use	132422
of such revenues for any part of the purpose or purposes of the	132423
division under which the resolution is adopted.	132424

The resolution shall specify the amount of the increase in	132425
rate that it is necessary to levy, the purpose of that increase in	132426
rate, and the number of years during which the increase in rate	132427
shall be in effect, which may or may not include a levy upon the	132428
duplicate of the current year. The number of years may be any	132429
number not exceeding five, except as follows:	132430

(1) When the additional rate is for the payment of debt	132431
charges, the increased rate shall be for the life of the	132432
indebtedness.	132433

(2) When the additional rate is for any of the following, the	132434
increased rate shall be for a continuing period of time:	132435

(a) For the current expenses for a detention facility	132436
district, a district organized under section 2151.65 of the	132437
Revised Code, or a combined district organized under sections	132438
2151.65 and 2152.41 of the Revised Code;	132439

(b) For providing a county's share of the cost of maintaining	132440
and operating schools, district detention facilities, forestry	132441
camps, or other facilities, or any combination thereof,	132442
established under section 2151.65 or 2152.41 of the Revised Code	132443
or under both of those sections.	132444

(3) When the additional rate is for either of the following,	132445
the increased rate may be for a continuing period of time:	132446

(a) For the purposes set forth in division (I), (J), (U), or	132447
(KK) of this section;	132448

(b) For the maintenance and operation of a joint recreation	132449
district.	132450

(4) When the increase is for the purpose or purposes set	132451
forth in division (D), (G), (H), (CC), or (PP) of this section,	132452
the tax levy may be for any specified number of years or for a	132453
continuing period of time, as set forth in the resolution.	132454

(5) When the additional rate is for the purpose described in	132455
division (Z) of this section, the increased rate shall be for any	132456
number of years not exceeding ten.	132457

A levy for one of the purposes set forth in division (G),	132458
(I), (J), or (U) of this section may be reduced pursuant to	132459
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	132460
the purposes set forth in division (G), (I), (J), or (U) of this	132461
section may also be terminated or permanently reduced by the	132462
taxing authority if it adopts a resolution stating that the	132463
continuance of the levy is unnecessary and the levy shall be	132464
terminated or that the millage is excessive and the levy shall be	132465
decreased by a designated amount.	132466

A resolution of a detention facility district, a district	132467
organized under section 2151.65 of the Revised Code, or a combined	132468
district organized under both sections 2151.65 and 2152.41 of the	132469
Revised Code may include both current expenses and other purposes,	132470
provided that the resolution shall apportion the annual rate of	132471
levy between the current expenses and the other purpose or	132472
purposes. The apportionment need not be the same for each year of	132473
the levy, but the respective portions of the rate actually levied	132474
each year for the current expenses and the other purpose or	132475
purposes shall be limited by the apportionment.	132476

Whenever a board of county commissioners, acting either as	132477
the taxing authority of its county or as the taxing authority of a	132478
sewer district or subdistrict created under Chapter 6117. of the	132479
Revised Code, by resolution declares it necessary to levy a tax in	132480
excess of the ten-mill limitation for the purpose of constructing,	132481
improving, or extending sewage disposal plants or sewage systems,	132482
the tax may be in effect for any number of years not exceeding	132483
twenty, and the proceeds of the tax, notwithstanding the general	132484
provisions of this section, may be used to pay debt charges on any	132485
obligations issued and outstanding on behalf of the subdivision	132486
for the purposes enumerated in this paragraph, provided that any	132487
such obligations have been specifically described in the	132488
resolution.	132489

A resolution adopted by the legislative authority of a	132490
municipal corporation that is for the purpose in division (XX) of	132491
this section may be combined with the purpose provided in section	132492
306.55 of the Revised Code, by vote of two-thirds of all members	132493
of the legislative authority. The legislative authority may	132494
certify the resolution to the board of elections as a combined	132495
question. The question appearing on the ballot shall be as	132496
provided in section 5705.252 of the Revised Code.	132497

The resolution shall go into immediate effect upon its	132498
passage, and no publication of the resolution is necessary other	132499
than that provided for in the notice of election.	132500

When the electors of a subdivision or, in the case of a	132501
qualifying library levy for the support of a library association	132502
or private corporation, the electors of the association library	132503
district, have approved a tax levy under this section, the taxing	132504
authority of the subdivision may anticipate a fraction of the	132505
proceeds of the levy and issue anticipation notes in accordance	132506
with section 5705.191 or 5705.193 of the Revised Code.	132507

Sec. 5705.192. (A) For the purposes of this section only,	132508
"taxing authority" includes a township board of park commissioners	132509
appointed under section 511.18 of the Revised Code.	132510

(B) A taxing authority may propose to replace an existing	132511
levy that the taxing authority is authorized to levy, regardless	132512
of the section of the Revised Code under which the authority is	132513
granted, except a school district emergency levy proposed pursuant	132514
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	132515
authority may propose to replace the existing levy in its entirety	132516
at the rate at which it is authorized to be levied; may propose to	132517
replace a portion of the existing levy at a lesser rate; or may	132518
propose to replace the existing levy in its entirety and increase	132519
the rate at which it is levied. If the taxing authority proposes	132520
to replace an existing levy, the proposed levy shall be called a	132521
replacement levy and shall be so designated on the ballot. Except	132522
as otherwise provided in this division, a replacement levy shall	132523
be limited to the purpose of the existing levy, and shall appear	132524
separately on the ballot from, and shall not be conjoined with,	132525
the renewal of any other existing levy. In the case of an existing	132526
school district levy imposed under section 5705.21 of the Revised	132527
Code for the purpose specified in division (F) of section 5705.19	132528
of the Revised Code, or in the case of an existing school district	132529
levy imposed under section 5705.217 of the Revised Code for the	132530
acquisition, construction, enlargement, renovation, and financing	132531
of permanent improvements, the replacement for that existing levy	132532
may be for the same purpose or for the purpose of general	132533
permanent improvements as defined in section 5705.21 of the	132534
Revised Code.	132535

The resolution proposing a replacement levy shall specify the	132536
purpose of the levy; its proposed rate expressed in mills; whether	132537
the proposed rate is the same as the rate of the existing levy, a	132538
reduction, or an increase; the extent of any reduction or increase	132539
expressed in mills; the first calendar year in which the levy will	132540
be due; and the term of the levy, expressed in years or, if	132541
applicable, that it will be levied for a continuing period of	132542
time.	132543

The sections of the Revised Code governing the maximum rate	132544
and term of the existing levy, the contents of the resolution that	132545
proposed the levy, the adoption of the resolution, the	132546
arrangements for the submission of the question of the levy, and	132547
notice of the election also govern the respective provisions of	132548
the proposal to replace the existing levy, except as provided in	132549
divisions (B)(1) to (3) of this section:	132550

(1) In the case of an existing school district levy that is	132551
imposed under section 5705.21 of the Revised Code for the purpose	132552
specified in division (F) of section 5705.19 of the Revised Code	132553
or under section 5705.217 of the Revised Code for the acquisition,	132554
construction, enlargement, renovation, and financing of permanent	132555
improvements, and that is to be replaced by a levy for general	132556
permanent improvements, the maximum term of the replacement levy	132557
is not limited to the term of the existing levy and may be for a	132558
continuing period of time.	132559

(2) The date on which the election is held shall be as	132560
follows:	132561

(a) For the replacement of a levy with a fixed term of years,	132562
the date of the general election held during the last year the	132563
existing levy may be extended on the real and public utility	132564
property tax list and duplicate, or the date of any election held	132565
in the ensuing year;	132566

(b) For the replacement of a levy imposed for a continuing	132567
period of time, the date of any election held in any year after	132568
the year the levy to be replaced is first approved by the	132569
electors, except that only one election on the question of	132570
replacing the levy may be held during any calendar year.	132571

The failure by the electors to approve a proposal to replace	132572
a levy imposed for a continuing period of time does not terminate	132573
the existing continuing levy.	132574

(3) In the case of an existing school district levy imposed	132575
under division (B) of section 5705.21, division (C) of section	132576
5705.212, or division (J) of section 5705.218 of the Revised Code,	132577
the rates allocated to the municipal school district and to	132578
partnering community schools each may be increased or decreased or	132579
remain the same, and the total rate may be increased, decreased,	132580
or remain the same.	132581

(C) The form of the ballot at the election on the question of	132582
a replacement levy shall be as follows:	132583

"A replacement of a tax for the benefit of .......... (name	132584
of subdivision or public library) for the purpose of ..........	132585
(the purpose stated in the resolution) at a rate not exceeding	132586
.......... mills for each one dollar of valuation, which amounts	132587
to .......... (rate expressed in dollars and cents) for each one	132588
hundred dollars in valuation, for .......... (number of years levy	132589
is to run, or that it will be levied for a continuous period of	132590
time)	132591

132592

		FOR THE TAX LEVY			132593
		AGAINST THE TAX LEVY	"		132594

132595

If the replacement levy is proposed by a municipal school	132596
district to replace an existing tax levied under division (B) of	132597
section 5705.21, division (C)(1) of section 5705.212, or division	132598
(J) of section 5705.218 of the Revised Code, the form of the	132599
ballot shall be modified by adding, after the phrase "each one	132600
dollar of valuation," the following: "(of which ...... mills is to	132601
be allocated to partnering community schools)."	132602

If the proposal is to replace an existing levy and increase	132603
the rate of the existing levy, the form of the ballot shall be	132604
changed by adding the words ".......... mills of an existing levy	132605
and an increase of .......... mills, to constitute" after the	132606
words "a replacement of." If the proposal is to replace only a	132607
portion of an existing levy, the form of the ballot shall be	132608
changed by adding the words "a portion of an existing levy, being	132609
a reduction of .......... mills, to constitute" after the words "a	132610
replacement of." If the existing levy is imposed under division	132611
(B) of section 5705.21, division (C)(1) of section 5705.212, or	132612
division (J) of section 5705.218 of the Revised Code, the form of	132613
the ballot also shall state the portion of the total increased	132614
rate or of the total rate as reduced that is to be allocated to	132615
partnering community schools.	132616

If the tax is to be placed on the tax list of the current tax	132617
year, the form of the ballot shall be modified by adding at the	132618
end of the form the phrase ", commencing in .......... (first year	132619
the replacement tax is to be levied), first due in calendar year	132620
.......... (first calendar year in which the tax shall be due)."	132621

The question covered by the resolution shall be submitted as	132622
a separate proposition, but may be printed on the same ballot with	132623
any other proposition submitted at the same election, other than	132624
the election of officers. More than one such question may be	132625
submitted at the same election.	132626

(D) Two existing levies, or any portion of those levies, may	132627
be combined into one replacement levy, so long as both of the	132628
existing levies are for the same purpose and either both are due	132629
to expire the same year or both are for a continuing period of	132630
time. The question of combining all or portions of the two	132631
existing levies into the replacement levy shall appear as one	132632
ballot proposition before the electors. If the electors approve	132633
the ballot proposition, all or the stated portions of the two	132634
existing levies are replaced by one replacement levy.	132635

(E) A levy approved in excess of the ten-mill limitation	132636
under this section shall be certified to the tax commissioner. In	132637
the first year of a levy approved under this section, the levy	132638
shall be extended on the tax lists after the February settlement	132639
succeeding the election at which the levy was approved. If the	132640
levy is to be placed on the tax lists of the current year, as	132641
specified in the resolution providing for its submission, the	132642
result of the election shall be certified immediately after the	132643
canvass by the board of elections to the taxing authority, which	132644
shall forthwith make the necessary levy and certify it to the	132645
county auditor, who shall extend it on the tax lists for	132646
collection. After the first year, the levy shall be included in	132647
the annual tax budget that is certified to the county budget	132648
commission.	132649

If notes are authorized to be issued in anticipation of the	132650
proceeds of the existing levy, notes may be issued in anticipation	132651
of the proceeds of the replacement levy, and such issuance is	132652
subject to the terms and limitations governing the issuance of	132653
notes in anticipation of the proceeds of the existing levy.	132654

(F) This section does not authorize a tax to be levied in any	132655
year after the year in which revenue is not needed for the purpose	132656
for which the tax is levied.	132657

Sec. 5705.21. (A) At any time, the board of education of any	132658
city, local, exempted village, cooperative education, or joint	132659
vocational school district, by a vote of two-thirds of all its	132660
members, may declare by resolution that the amount of taxes which	132661
may be raised within the ten-mill limitation by levies on the	132662
current tax duplicate will be insufficient to provide an adequate	132663
amount for the necessary requirements of the school district, that	132664
it is necessary to levy a tax in excess of such limitation for one	132665
of the purposes specified in division (A), (D), (F), (H), or (DD)	132666
of section 5705.19 of the Revised Code, for general permanent	132667
improvements, for the purpose of operating a cultural center, for	132668
the purpose of providing for school safety and security, or for	132669
the purpose of providing education technology, and that the	132670
question of such additional tax levy shall be submitted to the	132671
electors of the school district at a special election on a day to	132672
be specified in the resolution. In the case of a qualifying	132673
library levy for the support of a library association or private	132674
corporation, the question shall be submitted to the electors of	132675
the association library district. If the resolution states that	132676
the levy is for the purpose of operating a cultural center, the	132677
ballot shall state that the levy is "for the purpose of operating	132678
the .......... (name of cultural center)."	132679

As used in this division, "cultural center" means a	132680
freestanding building, separate from a public school building,	132681
that is open to the public for educational, musical, artistic, and	132682
cultural purposes; "education technology" means, but is not	132683
limited to, computer hardware, equipment, materials, and	132684
accessories, equipment used for two-way audio or video, and	132685
software; and "general permanent improvements" means permanent	132686
improvements without regard to the limitation of division (F) of	132687
section 5705.19 of the Revised Code that the improvements be a	132688
specific improvement or a class of improvements that may be	132689
included in a single bond issue.	132690

A resolution adopted under this division shall be confined to	132691
a single purpose and shall specify the amount of the increase in	132692
rate that it is necessary to levy, the purpose of the levy, and	132693
the number of years during which the increase in rate shall be in	132694
effect. The number of years may be any number not exceeding five	132695
or, if the levy is for current expenses of the district or for	132696
general permanent improvements, for a continuing period of time.	132697

(B)(1) The board of education of a municipal school district,	132698
by resolution, may declare that it is necessary to levy a tax in	132699
excess of the ten-mill limitation for the purpose of paying the	132700
current expenses of the district and of partnering community	132701
schools and that the question of the additional tax levy shall be	132702
submitted to the electors of the school district at a special	132703
election on a day to be specified in the resolution. The	132704
resolution shall state the purpose of the levy, the rate of the	132705
tax expressed in mills per dollar of taxable value, the number of	132706
such mills to be levied for the current expenses of the partnering	132707
community schools and the number of such mills to be levied for	132708
the current expenses of the school district, the number of years	132709
the tax will be levied, and the first year the tax will be levied.	132710
The number of years the tax may be levied may be any number not	132711
exceeding ten years, or for a continuing period of time.	132712

The levy of a tax for the current expenses of a partnering	132713
community school under this section and the distribution of	132714
proceeds from the tax by a municipal school district to partnering	132715
community schools is hereby determined to be a proper public	132716
purpose.	132717

(2) The form of the ballot at an election held pursuant to	132718
division (B) of this section shall be as follows:	132719

"Shall a levy be imposed by the ......... (insert the name of	132720
the municipal school district) for the purpose of current expenses	132721
of the school district and of partnering community schools at a	132722
rate not exceeding ...... (insert the number of mills) mills for	132723
each one dollar of valuation (of which ...... (insert the number	132724
of mills to be allocated to partnering community schools) mills is	132725
to be allocated to partnering community schools), which amounts to	132726
....... (insert the rate expressed in dollars and cents) for each	132727
one hundred dollars of valuation, for ...... (insert the number of	132728
years the levy is to be imposed, or that it will be levied for a	132729
continuing period of time), beginning ...... (insert first year	132730
the tax is to be levied), which will first be payable in calendar	132731
year ...... (insert the first calendar year in which the tax would	132732
be payable)?	132733

		FOR THE TAX LEVY			132734
		AGAINST THE TAX LEVY	"		132735

(3) Upon each receipt of a tax distribution by the municipal	132736
school district, the board of education shall credit the portion	132737
allocated to partnering community schools to the partnering	132738
community schools fund. All income from the investment of money in	132739
the partnering community schools fund shall be credited to that	132740
fund.	132741

Not more than forty-five days after the municipal school	132742
district receives and deposits each tax distribution, the board of	132743
education shall distribute the partnering community schools amount	132744
among the then qualifying community schools. From each tax	132745
distribution, each such partnering community school shall receive	132746
a portion of the partnering community schools amount in the	132747
proportion that the number of its resident students bears to the	132748
aggregate number of resident students of all such partnering	132749
community schools as of the date of receipt and deposit of the tax	132750
distribution. For the purposes of this division, the number of	132751
resident students shall be the number of such students reported	132752
under section 3317.03 of the Revised Code and established by the	132753
department of education as of the date of receipt and deposit of	132754
the tax distribution.	132755

(4) To the extent an agreement whereby the municipal school	132756
district and a community school endorse each other's programs is	132757
necessary for the community school to qualify as a partnering	132758
community school under division (B)(6)(b) of this section, the	132759
board of education of the school district shall certify to the	132760
department of education the agreement along with the determination	132761
that such agreement satisfies the requirements of that division.	132762
The board's determination is conclusive.	132763

(5) For the purposes of Chapter 3317. of the Revised Code or	132764
other laws referring to the "taxes charged and payable" for a	132765
school district, the taxes charged and payable for a municipal	132766
school district that levies a tax under division (B) of this	132767
section includes only the taxes charged and payable under that	132768
levy for the current expenses of the school district, and does not	132769
include the taxes charged and payable for the current expenses of	132770
partnering community schools. The taxes charged and payable for	132771
the current expenses of partnering community schools shall not	132772
affect the calculation of "state education aid" as defined in	132773
section 5751.20 of the Revised Code.	132774

(6) As used in division (B) of this section:

132775

(a) "Municipal school district" has the same meaning as in	132776
section 3311.71 of the Revised Code.	132777

(b) "Partnering community school" means a community school	132778
established under Chapter 3314. of the Revised Code that is	132779
located within the territory of the municipal school district and	132780
that either is sponsored by the district or is a party to an	132781
agreement with the district whereby the district and the community	132782
school endorse each other's programs.	132783

(c) "Partnering community schools amount" means the product	132784
obtained, as of the receipt and deposit of the tax distribution,	132785
by multiplying the amount of a tax distribution by a fraction, the	132786
numerator of which is the number of mills per dollar of taxable	132787
value of the property tax to be allocated to partnering community	132788
schools, and the denominator of which is the total number of mills	132789
per dollar of taxable value authorized by the electors in the	132790
election held under division (B) of this section, each as set	132791
forth in the resolution levying the tax.	132792

(d) "Partnering community schools fund" means a separate fund	132793
established by the board of education of a municipal school	132794
district for the deposit of partnering community school amounts	132795
under this section.	132796

(e) "Resident student" means a student enrolled in a	132797
partnering community school who is entitled to attend school in	132798
the municipal school district under section 3313.64 or 3313.65 of	132799
the Revised Code.	132800

(f) "Tax distribution" means a distribution of proceeds of	132801
the tax authorized by division (B) of this section under section	132802
321.24 of the Revised Code and distributions that are attributable	132803
to that tax under sections 323.156 and 4503.068 of the Revised	132804
Code or other applicable law.	132805

(C) A resolution adopted under this section shall specify the	132806
date of holding the election, which shall not be earlier than	132807
ninety days after the adoption and certification of the resolution	132808
and which shall be consistent with the requirements of section	132809
3501.01 of the Revised Code.	132810

A resolution adopted under this section may propose to renew	132811
one or more existing levies imposed under division (A) or (B) of	132812
this section or to increase or decrease a single levy imposed	132813
under either such division.	132814

If the board of education imposes one or more existing levies	132815
for the purpose specified in division (F) of section 5705.19 of	132816
the Revised Code, the resolution may propose to renew one or more	132817
of those existing levies, or to increase or decrease a single such	132818
existing levy, for the purpose of general permanent improvements.	132819

If the resolution proposes to renew two or more existing	132820
levies, the levies shall be levied for the same purpose. The	132821
resolution shall identify those levies and the rates at which they	132822
are levied. The resolution also shall specify that the existing	132823
levies shall not be extended on the tax lists after the year	132824
preceding the year in which the renewal levy is first imposed,	132825
regardless of the years for which those levies originally were	132826
authorized to be levied.	132827

If the resolution proposes to renew an existing levy imposed	132828
under division (B) of this section, the rates allocated to the	132829
municipal school district and to partnering community schools each	132830
may be increased or decreased or remain the same, and the total	132831
rate may be increased, decreased, or remain the same. The	132832
resolution and notice of election shall specify the number of the	132833
mills to be levied for the current expenses of the partnering	132834
community schools and the number of the mills to be levied for the	132835
current expenses of the municipal school district.	132836

A resolution adopted under this section shall go into	132837
immediate effect upon its passage, and no publication of the	132838
resolution shall be necessary other than that provided for in the	132839
notice of election. A copy of the resolution shall immediately	132840
after its passing be certified to the board of elections of the	132841
proper county in the manner provided by section 5705.25 of the	132842
Revised Code. That section shall govern the arrangements for the	132843
submission of such question and other matters concerning the	132844
election to which that section refers, including publication of	132845
notice of the election, except that the election shall be held on	132846
the date specified in the resolution. In the case of a resolution	132847
adopted under division (B) of this section, the publication of	132848
notice of that election shall state the number of the mills to be	132849
levied for the current expenses of partnering community schools	132850
and the number of the mills to be levied for the current expenses	132851
of the municipal school district. If a majority of the electors	132852
voting on the question so submitted in an election vote in favor	132853
of the levy, the board of education may make the necessary levy	132854
within the school district or, in the case of a qualifying library	132855
levy for the support of a library association or private	132856
corporation, within the association library district, at the	132857
additional rate, or at any lesser rate in excess of the ten-mill	132858
limitation on the tax list, for the purpose stated in the	132859
resolution. A levy for a continuing period of time may be reduced	132860
pursuant to section 5705.261 of the Revised Code. The tax levy	132861
shall be included in the next tax budget that is certified to the	132862
county budget commission.	132863

(D)(1) After the approval of a levy on the current tax list	132864
and duplicate for current expenses, for recreational purposes, for	132865
community centers provided for in section 755.16 of the Revised	132866
Code, or for a public library of the district under division (A)	132867
of this section, and prior to the time when the first tax	132868
collection from the levy can be made, the board of education may	132869
anticipate a fraction of the proceeds of the levy and issue	132870
anticipation notes in a principal amount not exceeding fifty per	132871
cent of the total estimated proceeds of the levy to be collected	132872
during the first year of the levy.	132873

(2) After the approval of a levy for general permanent	132874
improvements for a specified number of years or for permanent	132875
improvements having the purpose specified in division (F) of	132876
section 5705.19 of the Revised Code, the board of education may	132877
anticipate a fraction of the proceeds of the levy and issue	132878
anticipation notes in a principal amount not exceeding fifty per	132879
cent of the total estimated proceeds of the levy remaining to be	132880
collected in each year over a period of five years after the	132881
issuance of the notes.	132882

The notes shall be issued as provided in section 133.24 of	132883
the Revised Code, shall have principal payments during each year	132884
after the year of their issuance over a period not to exceed five	132885
years, and may have a principal payment in the year of their	132886
issuance.	132887

(3) After approval of a levy for general permanent	132888
improvements for a continuing period of time, the board of	132889
education may anticipate a fraction of the proceeds of the levy	132890
and issue anticipation notes in a principal amount not exceeding	132891
fifty per cent of the total estimated proceeds of the levy to be	132892
collected in each year over a specified period of years, not	132893
exceeding ten, after the issuance of the notes.	132894

The notes shall be issued as provided in section 133.24 of	132895
the Revised Code, shall have principal payments during each year	132896
after the year of their issuance over a period not to exceed ten	132897
years, and may have a principal payment in the year of their	132898
issuance.	132899

(4) After the approval of a levy on the current tax list and	132900
duplicate under division (B) of this section, and prior to the	132901
time when the first tax collection from the levy can be made, the	132902
board of education may anticipate a fraction of the proceeds of	132903
the levy for the current expenses of the school district and issue	132904
anticipation notes in a principal amount not exceeding fifty per	132905
cent of the estimated proceeds of the levy to be collected during	132906
the first year of the levy and allocated to the school district.	132907
The portion of the levy proceeds to be allocated to partnering	132908
community schools under that division shall not be included in the	132909
estimated proceeds anticipated under this division and shall not	132910
be used to pay debt charges on any anticipation notes.	132911

The notes shall be issued as provided in section 133.24 of	132912
the Revised Code, shall have principal payments during each year	132913
after the year of their issuance over a period not to exceed five	132914
years, and may have a principal payment in the year of their	132915
issuance.	132916

(E) The submission of questions to the electors under this	132917
section is subject to the limitation on the number of election	132918
dates established by section 5705.214 of the Revised Code.	132919

Sec. 5705.217. (A) The board of education of a city, local,	132920
or exempted village school district, at any time by a vote of	132921
two-thirds of all its members, may declare by resolution that the	132922
amount of taxes that can be raised within the ten-mill limitation	132923
will be insufficient to provide an adequate amount for the present	132924
and future requirements of the school district; that it is	132925
necessary to levy an additional tax in excess of that limitation	132926
for the purposes of providing funds for current operating expenses	132927
and for ~~the acquisition, construction, enlargement, renovation,~~	132928
~~and financing of~~general permanent improvements as defined in	132929
section 5705.21 of the Revised Code; and that the question of the	132930
tax shall be submitted to the electors of the district at a	132931
special election. The tax may be levied for a specified number of	132932
years not exceeding five or~~, if the tax is for current operating~~	132933
~~expenses or for general, on-going permanent improvements,~~ for a	132934
continuing period of time. The resolution shall specify the	132935
proposed tax rate, the first year the tax will be levied, and the	132936
number of years it will be levied, or that it will be levied for a	132937
continuing period of time. The resolution shall apportion the	132938
annual rate of the tax between current operating expenses and	132939
permanent improvements. The apportionment may but need not be the	132940
same for each year of the tax, but the respective portions of the	132941
rate actually levied each year for current operating expenses and	132942
permanent improvements shall be limited by the apportionment.	132943

The resolution shall specify the date of holding the special	132944
election, which shall not be earlier than ninety days after	132945
certification of the resolution to the board of elections and	132946
shall be consistent with the requirements of section 3501.01 of	132947
the Revised Code. The resolution shall go into immediate effect	132948
upon its passage, and no publication of it is necessary other than	132949
that provided in the notice of election. The board of education	132950
shall certify a copy of the resolution to the board of elections	132951
immediately after its adoption. Section 5705.25 of the Revised	132952
Code governs the arrangements and form of the ballot for the	132953
submission of the question to the electors.	132954

If a majority of the electors voting on the question vote in	132955
favor of the tax, the board of education may make the levy at the	132956
additional rate, or at any lesser rate in excess of the ten-mill	132957
limitation. If the tax is for a continuing period of time, it may	132958
be decreased in accordance with section 5705.261 of the Revised	132959
Code.	132960

A board of education may adopt a resolution to renew one or	132961
more existing levies imposed under this section, or to increase or	132962
decrease the rate of a tax levied under this section, for the	132963
purpose of providing funds for either current expenses and general	132964
permanent improvements or solely for general permanent	132965
improvements.	132966

(B)(1) After the approval of a tax for current operating	132967
expenses under this section and prior to the time the first	132968
collection and distribution from the levy can be made, the board	132969
of education may anticipate a fraction of the proceeds of such	132970
levy and issue anticipation notes in a principal amount not	132971
exceeding fifty per cent of the total estimated proceeds of the	132972
tax to be collected during the first year of the levy.	132973

(2) After the approval of a tax ~~under this section~~ for	132974
general permanent improvements ~~having a specific purpose~~levied	132975
under this section for a specified number of years, the board of	132976
education may anticipate a fraction of the proceeds of such tax	132977
and issue anticipation notes in a principal amount not exceeding	132978
fifty per cent of the total estimated proceeds of the tax	132979
remaining to be collected in each year over a specified period of	132980
~~five~~ years, not exceeding the number of years for which the tax	132981
was levied, after issuance of the notes.	132982

(3) After the approval of a tax for general~~, on-going~~	132983
permanent improvements levied under this section for a continuing	132984
period of time, the board of education may anticipate a fraction	132985
of the proceeds of such tax and issue anticipation notes in a	132986
principal amount not exceeding fifty per cent of the total	132987
estimated proceeds of the tax to be collected in each year over a	132988
specified period of years, not exceeding ten, after issuance of	132989
the notes.	132990

Anticipation notes under this section shall be issued as	132991
provided in section 133.24 of the Revised Code. Notes issued under	132992
division (B)(1) or (2) of this section shall have principal	132993
payments during each year after the year of their issuance over a	132994
period not to exceed five years, and may have a principal payment	132995
in the year of their issuance. Notes issued under division (B)(3)	132996
of this section shall have principal payments during each year	132997
after the year of their issuance over a period not to exceed ten	132998
years, and may have a principal payment in the year of their	132999
issuance.	133000

(C) The submission of a question to the electors under this	133001
section is subject to the limitation on the number of elections	133002
that can be held in a year under section 5705.214 of the Revised	133003
Code.	133004

Sec. 5705.218. (A) The board of education of a city, local,	133005
or exempted village school district, at any time by a vote of	133006
two-thirds of all its members, may declare by resolution that it	133007
may be necessary for the school district to issue general	133008
obligation bonds for permanent improvements. The resolution shall	133009
state all of the following:	133010

(1) The necessity and purpose of the bond issue;

133011

(2) The date of the special election at which the question	133012
shall be submitted to the electors;	133013

(3) The amount, approximate date, estimated rate of interest,	133014
and maximum number of years over which the principal of the bonds	133015
may be paid;	133016

(4) The necessity of levying a tax outside the ten-mill	133017
limitation to pay debt charges on the bonds and any anticipatory	133018
securities.	133019

On adoption of the resolution, the board shall certify a copy	133020
of it to the county auditor. The county auditor promptly shall	133021
estimate and certify to the board the average annual property tax	133022
rate required throughout the stated maturity of the bonds to pay	133023
debt charges on the bonds, in the same manner as under division	133024
(C) of section 133.18 of the Revised Code.	133025

(B) After receiving the county auditor's certification under	133026
division (A) of this section, the board of education of the city,	133027
local, or exempted village school district, by a vote of	133028
two-thirds of all its members, may declare by resolution that the	133029
amount of taxes that can be raised within the ten-mill limitation	133030
will be insufficient to provide an adequate amount for the present	133031
and future requirements of the school district; that it is	133032
necessary to issue general obligation bonds of the school district	133033
for permanent improvements and to levy an additional tax in excess	133034
of the ten-mill limitation to pay debt charges on the bonds and	133035
any anticipatory securities; that it is necessary for a specified	133036
number of years or for a continuing period of time to levy	133037
additional taxes in excess of the ten-mill limitation to provide	133038
funds for the acquisition, construction, enlargement, renovation,	133039
and financing of permanent improvements or to pay for current	133040
operating expenses, or both; and that the question of the bonds	133041
and taxes shall be submitted to the electors of the school	133042
district at a special election, which shall not be earlier than	133043
ninety days after certification of the resolution to the board of	133044
elections, and the date of which shall be consistent with section	133045
3501.01 of the Revised Code. The resolution shall specify all of	133046
the following:	133047

(1) The county auditor's estimate of the average annual	133048
property tax rate required throughout the stated maturity of the	133049
bonds to pay debt charges on the bonds;	133050

(2) The proposed rate of the tax, if any, for current	133051
operating expenses, the first year the tax will be levied, and the	133052
number of years it will be levied, or that it will be levied for a	133053
continuing period of time;	133054

(3) The proposed rate of the tax, if any, for permanent	133055
improvements, the first year the tax will be levied, and the	133056
number of years it will be levied, or that it will be levied for a	133057
continuing period of time.	133058

The resolution shall apportion the annual rate of the tax	133059
between current operating expenses and permanent improvements, if	133060
both taxes are proposed. The apportionment may but need not be the	133061
same for each year of the tax, but the respective portions of the	133062
rate actually levied each year for current operating expenses and	133063
permanent improvements shall be limited by the apportionment. The	133064
resolution shall go into immediate effect upon its passage, and no	133065
publication of it is necessary other than that provided in the	133066
notice of election. The board of education shall certify a copy of	133067
the resolution, along with copies of the auditor's estimate and	133068
its resolution under division (A) of this section, to the board of	133069
elections immediately after its adoption.	133070

(C) The board of elections shall make the arrangements for	133071
the submission to the electors of the school district of the	133072
question proposed under division (B) or (J) of this section, and	133073
the election shall be conducted, canvassed, and certified in the	133074
same manner as regular elections in the district for the election	133075
of county officers. The resolution shall be put before the	133076
electors as one ballot question, with a favorable vote indicating	133077
approval of the bond issue, the levy to pay debt charges on the	133078
bonds and any anticipatory securities, the current operating	133079
expenses levy, the permanent improvements levy, and the levy for	133080
the current expenses of a municipal school district and of	133081
partnering community schools, as those levies may be proposed. The	133082
board of elections shall publish notice of the election in a	133083
newspaper of general circulation in the school district once a	133084
week for two consecutive weeks, or as provided in section 7.16 of	133085
the Revised Code, prior to the election. If a board of elections	133086
operates and maintains a web site, that board also shall post	133087
notice of the election on its web site for thirty days prior to	133088
the election. The notice of election shall state all of the	133089
following:	133090

(1) The principal amount of the proposed bond issue;

133091

(2) The permanent improvements for which the bonds are to be	133092
issued;	133093

(3) The maximum number of years over which the principal of	133094
the bonds may be paid;	133095

(4) The estimated additional average annual property tax rate	133096
to pay the debt charges on the bonds, as certified by the county	133097
auditor;	133098

(5) The proposed rate of the additional tax, if any, for	133099
current operating expenses and, if the question is proposed under	133100
division (J) of this section, the portion of the rate to be	133101
allocated to the school district and the portion to be allocated	133102
to partnering community schools;	133103

(6) The number of years the current operating expenses tax	133104
will be in effect, or that it will be in effect for a continuing	133105
period of time;	133106

(7) The proposed rate of the additional tax, if any, for	133107
permanent improvements;	133108

(8) The number of years the permanent improvements tax will	133109
be in effect, or that it will be in effect for a continuing period	133110
of time;	133111

(9) The time and place of the special election.

133112

(D) The form of the ballot for an election under this section	133113
is as follows:	133114

"Shall the .......... school district be authorized to do the	133115
following:	133116

(1) Issue bonds for the purpose of .......... in the	133117
principal amount of $......, to be repaid annually over a maximum	133118
period of ...... years, and levy a property tax outside the	133119
ten-mill limitation, estimated by the county auditor to average	133120
over the bond repayment period ...... mills for each one dollar of	133121
tax valuation, which amounts to ...... (rate expressed in cents or	133122
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	133123
tax valuation, to pay the annual debt charges on the bonds, and to	133124
pay debt charges on any notes issued in anticipation of those	133125
bonds?"	133126

If either a levy for permanent improvements or a levy for	133127
current operating expenses is proposed, or both are proposed, the	133128
ballot also shall contain the following language, as appropriate:	133129

"(2) Levy an additional property tax to provide funds for the	133130
acquisition, construction, enlargement, renovation, and financing	133131
of permanent improvements at a rate not exceeding ....... mills	133132
for each one dollar of tax valuation, which amounts to .......	133133
(rate expressed in cents or dollars and cents) for each $100 of	133134
tax valuation, for ...... (number of years of the levy, or a	133135
continuing period of time)?	133136

(3) Levy an additional property tax to pay current operating	133137
expenses at a rate not exceeding ....... mills for each one dollar	133138
of tax valuation, which amounts to ....... (rate expressed in	133139
cents or dollars and cents) for each $100 of tax valuation, for	133140
....... (number of years of the levy, or a continuing period of	133141
time)?	133142

133143

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133144
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133145

133146

If the question is proposed under division (J) of this	133147
section, the form of the ballot shall be modified as prescribed by	133148
division (J)(4) of this section.	133149

(E) The board of elections promptly shall certify the results	133150
of the election to the tax commissioner and the county auditor of	133151
the county in which the school district is located. If a majority	133152
of the electors voting on the question vote for it, the board of	133153
education may proceed with issuance of the bonds and with the levy	133154
and collection of the property tax or taxes at the additional rate	133155
or any lesser rate in excess of the ten-mill limitation. Any	133156
securities issued by the board of education under this section are	133157
Chapter 133. securities, as that term is defined in section 133.01	133158
of the Revised Code.	133159

(F)(1) After the approval of a tax for current operating	133160
expenses under this section and prior to the time the first	133161
collection and distribution from the levy can be made, the board	133162
of education may anticipate a fraction of the proceeds of such	133163
levy and issue anticipation notes in a principal amount not	133164
exceeding fifty per cent of the total estimated proceeds of the	133165
tax to be collected during the first year of the levy.	133166

(2) After the approval of a tax under this section for	133167
permanent improvements having a specific purpose, the board of	133168
education may anticipate a fraction of the proceeds of such tax	133169
and issue anticipation notes in a principal amount not exceeding	133170
fifty per cent of the total estimated proceeds of the tax	133171
remaining to be collected in each year over a period of five years	133172
after issuance of the notes.	133173

(3) After the approval of a tax under this section for	133174
general~~, on-going~~ permanent improvements as defined under ~~this~~	133175
section 5705.21 of the Revised Code, the board of education may	133176
anticipate a fraction of the proceeds of such tax and issue	133177
anticipation notes in a principal amount not exceeding fifty per	133178
cent of the total estimated proceeds of the tax to be collected in	133179
each year over a specified period of years, not exceeding ten,	133180
after issuance of the notes.	133181

Anticipation notes under this section shall be issued as	133182
provided in section 133.24 of the Revised Code. Notes issued under	133183
division (F)(1) or (2) of this section shall have principal	133184
payments during each year after the year of their issuance over a	133185
period not to exceed five years, and may have a principal payment	133186
in the year of their issuance. Notes issued under division (F)(3)	133187
of this section shall have principal payments during each year	133188
after the year of their issuance over a period not to exceed ten	133189
years, and may have a principal payment in the year of their	133190
issuance.	133191

(G) A tax for current operating expenses or for permanent	133192
improvements levied under this section for a specified number of	133193
years may be renewed or replaced in the same manner as a tax for	133194
current operating expenses or for permanent improvements levied	133195
under section 5705.21 of the Revised Code. A tax for current	133196
operating expenses or for permanent improvements levied under this	133197
section for a continuing period of time may be decreased in	133198
accordance with section 5705.261 of the Revised Code.	133199

(H) The submission of a question to the electors under this	133200
section is subject to the limitation on the number of elections	133201
that can be held in a year under section 5705.214 of the Revised	133202
Code.	133203

(I) A school district board of education proposing a ballot	133204
measure under this section to generate local resources for a	133205
project under the school building assistance expedited local	133206
partnership program under section 3318.36 of the Revised Code may	133207
combine the questions under division (D) of this section with a	133208
question for the levy of a property tax to generate moneys for	133209
maintenance of the classroom facilities acquired under that	133210
project as prescribed in section 3318.361 of the Revised Code.	133211

(J)(1) After receiving the county auditor's certification	133212
under division (A) of this section, the board of education of a	133213
municipal school district, by a vote of two-thirds of all its	133214
members, may declare by resolution that it is necessary to levy a	133215
tax in excess of the ten-mill limitation for the purpose of paying	133216
the current expenses of the school district and of partnering	133217
community schools, as defined in section 5705.21 of the Revised	133218
Code; that it is necessary to issue general obligation bonds of	133219
the school district for permanent improvements of the district and	133220
to levy an additional tax in excess of the ten-mill limitation to	133221
pay debt charges on the bonds and any anticipatory securities; and	133222
that the question of the bonds and taxes shall be submitted to the	133223
electors of the school district at a special election, which shall	133224
not be earlier than ninety days after certification of the	133225
resolution to the board of elections, and the date of which shall	133226
be consistent with section 3505.01 of the Revised Code.	133227

The levy of taxes for the current expenses of a partnering	133228
community school under division (J) of this section and the	133229
distribution of proceeds from the tax by a municipal school	133230
district to partnering community schools is hereby determined to	133231
be a proper public purpose.	133232

(2) The tax for the current expenses of the school district	133233
and of partnering community schools is subject to the requirements	133234
of divisions (B)(3), (4), and (5) of section 5705.21 of the	133235
Revised Code.	133236

(3) In addition to the required specifications of the	133237
resolution under division (B) of this section, the resolution	133238
shall express the rate of the tax in mills per dollar of taxable	133239
value, state the number of the mills to be levied for the current	133240
expenses of the partnering community schools and the number of the	133241
mills to be levied for the current expenses of the school	133242
district, specify the number of years (not exceeding ten) the tax	133243
will be levied or that it will be levied for a continuing period	133244
of time, and state the first year the tax will be levied.	133245

The resolution shall go into immediate effect upon its	133246
passage, and no publication of it is necessary other than that	133247
provided in the notice of election. The board of education shall	133248
certify a copy of the resolution, along with copies of the	133249
auditor's estimate and its resolution under division (A) of this	133250
section, to the board of elections immediately after its adoption.	133251

(4) The form of the ballot shall be modified by replacing the	133252
ballot form set forth in division (D)(3) of this section with the	133253
following:	133254

"Levy an additional property tax for the purpose of the	133255
current expenses of the school district and of partnering	133256
community schools at a rate not exceeding ...... (insert the	133257
number of mills) mills for each one dollar of valuation (of which	133258
...... (insert the number of mills to be allocated to partnering	133259
community schools) mills is to be allocated to partnering	133260
community schools), which amounts to ...... (insert the rate	133261
expressed in dollars and cents) for each one hundred dollars of	133262
valuation, for ...... (insert the number of years the levy is to	133263
be imposed, or that it will be levied for a continuing period of	133264
time)?	133265

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133266
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133267

(5) After the approval of a tax for the current expenses of	133268
the school district and of partnering community schools under	133269
division (J) of this section, and prior to the time the first	133270
collection and distribution from the levy can be made, the board	133271
of education may anticipate a fraction of the proceeds of the levy	133272
for the current expenses of the school district and issue	133273
anticipation notes in a principal amount not exceeding fifty per	133274
cent of the estimated proceeds of the levy to be collected during	133275
the first year of the levy and allocated to the school district.	133276
The portion of levy proceeds to be allocated to partnering	133277
community schools shall not be included in the estimated proceeds	133278
anticipated under this division and shall not be used to pay debt	133279
charges on any anticipation notes.	133280

The notes shall be issued as provided in section 133.24 of	133281
the Revised Code, shall have principal payments during each year	133282
after the year of their issuance over a period not to exceed five	133283
years, and may have a principal payment in the year of their	133284
issuance.	133285

(6) A tax for the current expenses of the school district and	133286
of partnering community schools levied under division (J) of this	133287
section for a specified number of years may be renewed or replaced	133288
in the same manner as a tax for the current expenses of a school	133289
district and of partnering community schools levied under division	133290
(B) of section 5705.21 of the Revised Code. A tax for the current	133291
expenses of the school district and of partnering community	133292
schools levied under this division for a continuing period of time	133293
may be decreased in accordance with section 5705.261 of the	133294
Revised Code.	133295

(7) The proceeds from the issuance of the general obligation	133296
bonds under division (J) of this section shall be used solely to	133297
pay for permanent improvements of the school district and not for	133298
permanent improvements of partnering community schools.	133299

Sec. 5705.221. (A) At any time, the board of county	133300
commissioners of any county by a majority vote of the full	133301
membership may declare by resolution and certify to the board of	133302
elections of the county that the amount of taxes which may be	133303
raised within the ten-mill limitation by levies on the current tax	133304
duplicate will be insufficient to provide the necessary	133305
requirements of the county's alcohol, drug addiction, and mental	133306
health service district established pursuant to Chapter 340. of	133307
the Revised Code, or the county's contribution to a joint-county	133308
district of which the county is a part, and that it is necessary	133309
to levy a tax in excess of such limitation for the operation of	133310
~~alcohol and drug~~community addiction ~~programs~~services providers	133311
and community mental health ~~programs~~services providers and the	133312
acquisition, construction, renovation, financing, maintenance, and	133313
operation of alcohol and drug addiction facilities and mental	133314
health facilities.	133315

Such resolution shall conform to section 5705.19 of the	133316
Revised Code, except that the increased rate may be in effect for	133317
any number of years not exceeding ten.	133318

The resolution shall be certified and submitted in the manner	133319
provided in section 5705.25 of the Revised Code, except that it	133320
may be placed on the ballot in any election, and shall be	133321
certified to the board of elections not less than ninety days	133322
before the election at which it will be voted upon.	133323

If the majority of the electors voting on a levy to	133324
supplement general fund appropriations for the support of the	133325
comprehensive ~~alcohol and drug~~community addiction and mental	133326
health ~~program~~services providers vote in favor of the levy, the	133327
board may levy a tax within the county at the additional rate	133328
outside the ten-mill limitation during the specified or continuing	133329
period, for the purpose stated in the resolution.	133330

(B) When electors have approved a tax levy under this	133331
section, the board of county commissioners may anticipate a	133332
fraction of the proceeds of the levy and, from time to time, issue	133333
anticipation notes in accordance with section 5705.191 or 5705.193	133334
of the Revised Code.	133335

(C) The county auditor who is the fiscal officer of the	133336
alcohol, drug addiction, and mental health service district, upon	133337
receipt of a resolution from the board of alcohol, drug addiction,	133338
and mental health services, shall establish for the district a	133339
capital improvements account or a reserve balance account, or	133340
both, as specified in the resolution. The capital improvements	133341
account shall be a contingency fund for the necessary acquisition,	133342
replacement, renovation, or construction of facilities and movable	133343
and fixed equipment. Upon the request of the board, funds not	133344
needed to pay for current expenses may be appropriated to the	133345
capital improvements account, in amounts such that the account	133346
does not exceed twenty-five per cent of the replacement value of	133347
all capital facilities and equipment currently used by the board	133348
for programs and services. Other funds which are available for	133349
current capital expenses from federal, state, or local sources may	133350
also be appropriated to this account.	133351

The reserve balance account shall contain those funds that	133352
are not needed to pay for current operating expenses and not	133353
deposited in the capital improvements account but that will be	133354
needed to pay for operating expenses in the future. Upon the	133355
request of a board, such funds shall be appropriated to the	133356
reserve balance account. Payments from the capital improvements	133357
account and the reserve balance account shall be made by the	133358
county treasurer who is the custodian of funds for the district	133359
upon warrants issued by the county auditor who is the fiscal	133360
officer of the district pursuant to orders of the board.	133361

Sec. 5705.25. (A) A copy of any resolution adopted as	133362
provided in section 5705.19 or 5705.2111 of the Revised Code shall	133363
be certified by the taxing authority to the board of elections of	133364
the proper county not less than ninety days before the general	133365
election in any year, and the board shall submit the proposal to	133366
the electors of the subdivision at the succeeding November	133367
election. In the case of a qualifying library levy, the board	133368
shall submit the question to the electors of the library district	133369
or association library district. Except as otherwise provided in	133370
this division, a resolution to renew an existing levy, regardless	133371
of the section of the Revised Code under which the tax was	133372
imposed, shall not be placed on the ballot unless the question is	133373
submitted at the general election held during the last year the	133374
tax to be renewed or replaced may be extended on the real and	133375
public utility property tax list and duplicate, or at any election	133376
held in the ensuing year. The limitation of the foregoing sentence	133377
does not apply to a resolution to renew and increase or to renew	133378
part of an existing levy that was imposed under section 5705.191	133379
of the Revised Code to supplement the general fund for the purpose	133380
of making appropriations for one or more of the following	133381
purposes: for public assistance, human or social services, relief,	133382
welfare, hospitalization, health, and support of general	133383
hospitals. The limitation of the second preceding sentence also	133384
does not apply to a resolution that proposes to renew two or more	133385
existing levies imposed under section 5705.21 or 5705.217 of the	133386
Revised Code, in which case the question shall be submitted on the	133387
date of the general or primary election held during the last year	133388
at least one of the levies to be renewed may be extended on the	133389
real and public utility property tax list and duplicate, or at any	133390
election held during the ensuing year. For purposes of this	133391
section, a levy shall be considered to be an "existing levy"	133392
through the year following the last year it can be placed on that	133393
tax list and duplicate.	133394

The board shall make the necessary arrangements for the	133395
submission of such questions to the electors of such subdivision,	133396
library district, or association library district, and the	133397
election shall be conducted, canvassed, and certified in the same	133398
manner as regular elections in such subdivision, library district,	133399
or association library district for the election of county	133400
officers. Notice of the election shall be published in a newspaper	133401
of general circulation in the subdivision, library district, or	133402
association library district once a week for two consecutive	133403
weeks, or as provided in section 7.16 of the Revised Code, prior	133404
to the election. If the board of elections operates and maintains	133405
a web site, the board of elections shall post notice of the	133406
election on its web site for thirty days prior to the election.	133407
The notice shall state the purpose, the proposed increase in rate	133408
expressed in dollars and cents for each one hundred dollars of	133409
valuation as well as in mills for each one dollar of valuation,	133410
the number of years during which the increase will be in effect,	133411
the first month and year in which the tax will be levied, and the	133412
time and place of the election.	133413

(B) The form of the ballots cast at an election held pursuant	133414
to division (A) of this section shall be as follows:	133415

"An additional tax for the benefit of (name of subdivision or	133416
public library) .......... for the purpose of (purpose stated in	133417
the resolution) .......... at a rate not exceeding ...... mills	133418
for each one dollar of valuation, which amounts to (rate expressed	133419
in dollars and cents) ............ for each one hundred dollars of	133420
valuation, for ...... (life of indebtedness or number of years the	133421
levy is to run).	133422

133423

		For the Tax Levy			133424
		Against the Tax Levy	"		133425

133426

(C) If the levy is to be in effect for a continuing period of	133427
time, the notice of election and the form of ballot shall so state	133428
instead of setting forth a specified number of years for the levy.	133429

If the tax is to be placed on the current tax list, the form	133430
of the ballot shall be modified by adding, after the statement of	133431
the number of years the levy is to run, the phrase ", commencing	133432
in .......... (first year the tax is to be levied), first due in	133433
calendar year .......... (first calendar year in which the tax	133434
shall be due)."	133435

If the levy submitted is a proposal to renew, increase, or	133436
decrease an existing levy, the form of the ballot specified in	133437
division (B) of this section may be changed by substituting for	133438
the words "An additional" at the beginning of the form, the words	133439
"A renewal of a" in case of a proposal to renew an existing levy	133440
in the same amount; the words "A renewal of ........ mills and an	133441
increase of ...... mills to constitute a" in the case of an	133442
increase; or the words "A renewal of part of an existing levy,	133443
being a reduction of ...... mills, to constitute a" in the case of	133444
a decrease in the proposed levy.	133445

If the levy submitted is a proposal to renew two or more	133446
existing levies imposed under section 5705.21 or 5705.217 of the	133447
Revised Code, the form of the ballot specified in division (B) of	133448
this section shall be modified by substituting for the words "an	133449
additional tax" the words "a renewal of ....(insert the number of	133450
levies to be renewed) existing taxes."	133451

If the levy submitted is a levy under section 5705.72 of the	133452
Revised Code or a proposal to renew, increase, or decrease an	133453
existing levy imposed under that section, the name of the	133454
subdivision shall be "the unincorporated area of .......... (name	133455
of township)."	133456

The question covered by such resolution shall be submitted as	133457
a separate proposition but may be printed on the same ballot with	133458
any other proposition submitted at the same election, other than	133459
the election of officers. More than one such question may be	133460
submitted at the same election.	133461

(D) A levy voted in excess of the ten-mill limitation under	133462
this section shall be certified to the tax commissioner. In the	133463
first year of the levy, it shall be extended on the tax lists	133464
after the February settlement succeeding the election. If the	133465
additional tax is to be placed upon the tax list of the current	133466
year, as specified in the resolution providing for its submission,	133467
the result of the election shall be certified immediately after	133468
the canvass by the board of elections to the taxing authority, who	133469
shall make the necessary levy and certify it to the county	133470
auditor, who shall extend it on the tax lists for collection.	133471
After the first year, the tax levy shall be included in the annual	133472
tax budget that is certified to the county budget commission.	133473

Sec. 5705.55. (A) The board of directors of a lake	133474
facilities authority, by a vote of two-thirds of all its members,	133475
may at any time declare by resolution that the amount of taxes	133476
which may be raised within the ten-mill limitation by levies on	133477
the current tax duplicate will be insufficient to provide an	133478
adequate amount for the necessary requirements of the authority,	133479
that it is necessary to levy a tax in excess of such limitation	133480
for any of the purposes specified in divisions (A), (B), (F), and	133481
(H) of section 5705.19 of the Revised Code, and that the question	133482
of such additional tax levy shall be submitted by the board to the	133483
electors residing within the boundaries of the impacted lake	133484
district on the day of a primary or general election. The	133485
resolution shall conform to section 5705.19 of the Revised Code,	133486
except that the tax levy may be in effect for no more than five	133487
years, as set forth in the resolution, unless the levy is for the	133488
payment of debt charges, and the total number of mills levied for	133489
each dollar of taxable valuation that may be levied under this	133490
section for any tax year shall not exceed one mill. If the levy is	133491
for the payment of debt charges, the levy shall be for the life of	133492
the bond indebtedness.	133493

The resolution shall specify the date of holding the	133494
election, which shall not be earlier than ninety days after the	133495
adoption and certification of the resolution to the board of	133496
elections. The resolution shall not include a levy on the current	133497
tax list and duplicate unless the election is to be held at or	133498
prior to the first Tuesday after the first Monday in November of	133499
the current tax year.	133500

The resolution shall be certified to the board of elections	133501
of the proper county or counties not less than ninety days before	133502
the date of the election. The resolution shall go into immediate	133503
effect upon its passage, and no publication of the resolution	133504
shall be necessary other than that provided in the notice of	133505
election. Section 5705.25 of the Revised Code shall govern the	133506
arrangements for the submission of such question and other matters	133507
concerning the election, to which that section refers, except that	133508
the election shall be held on the date specified in the	133509
resolution. If a majority of the electors voting on the question	133510
so submitted in an election vote in favor of the levy, the board	133511
of directors may forthwith make the necessary levy within the	133512
boundaries of the impacted lake district at the additional rate in	133513
excess of the ten-mill limitation on the tax list, for the purpose	133514
stated in the resolution. The tax levy shall be included in the	133515
next annual tax budget that is certified to the county budget	133516
commission.	133517

(B) The form of the ballot in an election held on the	133518
question of levying a tax proposed pursuant to this section shall	133519
be as follows or in any other form acceptable to the secretary of	133520
state:	133521

"A tax for the benefit of (name of lake facilities authority)	133522
.......... for the purpose of .......... at a rate not exceeding	133523
......... mills for each one dollar of valuation, which amounts to	133524
(rate expressed in dollars and cents) ............ for each one	133525
hundred dollars of valuation, for ............ (life of	133526
indebtedness or number of years the levy is to run).	133527

133528

		For the Tax Levy			133529
		Against the Tax Levy	"		133530

133531

(C) On approval of the levy, notes may be issued in	133532
anticipation of the collection of the proceeds of the tax levy,	133533
other than the proceeds to be received for the payment of bond	133534
debt charges, in the amount and manner and at the times as are	133535
provided in section 5705.193 of the Revised Code, for the issuance	133536
of notes by a county in anticipation of the proceeds of a tax	133537
levy. The lake facilities authority may borrow money in	133538
anticipation of the collection of current revenues as provided in	133539
section 133.10 of the Revised Code.	133540

(D) If a tax is levied under this section in a tax year, no	133541
other taxing authority of a subdivision or taxing unit, including	133542
a port authority, may levy a tax on property in the impacted lake	133543
district in the same tax year if the purpose of the levy is	133544
substantially the same as the purpose for which the lake	133545
facilities authority of the impacted lake district was created.	133546

Sec. 5709.17. The following property shall be exempted from	133547
taxation:	133548

(A) Real estate held or occupied by an association or	133549
corporation, organized or incorporated under the laws of this	133550
state relative to soldiers' memorial associations, monumental	133551
building associations, or cemetery associations or corporations,	133552
which in the opinion of the trustees, directors, or managers	133553
thereof is necessary and proper to carry out the object intended	133554
for such association or corporation;	133555

(B) Real estate and tangible personal property held or	133556
occupied by a veterans' organization that qualifies for exemption	133557
from taxation under section 501(c)(19) or 501(c)(23) of the	133558
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	133559
amended, and is incorporated under the laws of this state or the	133560
United States, except real estate held by such organization for	133561
the production of rental ~~or other~~ income in excess of the	133562
designated amount, before accounting for any cost or expense	133563
incurred in the production of such income. For the purposes of	133564
this division~~, the~~:	133565

(1) "Rental income" includes only income arising directly	133566
from renting the real estate to others for consideration.	133567

(2) The "designated amount" equals seven thousand five	133568
hundred dollars in tax year 2002, and shall be increased by two	133569
hundred fifty dollars each year thereafter until tax year 2012,	133570
when it shall equal ten thousand dollars. For tax years 2013 and	133571
thereafter, the designated amount shall equal ~~ten~~thirty-six	133572
thousand dollars.	133573

(C) Tangible personal property held by a corporation	133574
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	133575
section 501(c)(3) of the Internal Revenue Code, and exempt from	133576
taxation under section 501(a) of the Internal Revenue Code shall	133577
be exempt from taxation if it is property obtained as described in	133578
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	133579

(D) Real estate held or occupied by a fraternal organization	133580
and used primarily for meetings of and the administration of the	133581
fraternal organization. As used in this division, "fraternal	133582
organization" means a domestic fraternal society, order, or	133583
association operating under the lodge, council, or grange system	133584
that qualifies for exemption from taxation under section	133585
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	133586
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	133587
financial support for charitable purposes, as defined in division	133588
(B)(12) of section 5739.02 of the Revised Code; and that has been	133589
operating in this state with a state governing body for at least	133590
one hundred years.	133591

Sec. 5709.75. (A) Any township that receives service payments	133592
in lieu of taxes under section 5709.74 of the Revised Code shall	133593
establish a township public improvement tax increment equivalent	133594
fund into which those payments shall be deposited. If the board of	133595
township trustees has adopted a resolution under division (C) of	133596
section 5709.73 of the Revised Code, the township shall establish	133597
at least one account in that fund with respect to resolutions	133598
adopted under division (B) of that section, and one account with	133599
respect to each incentive district created by a resolution adopted	133600
under division (C) of that section. If a resolution adopted under	133601
division (C) of section 5709.73 of the Revised Code also	133602
authorizes the use of service payments for housing renovations	133603
within the incentive district, the township shall establish	133604
separate accounts for the service payments designated for public	133605
infrastructure improvements and for the service payments	133606
authorized for the purpose of housing renovations.	133607

(B) Except as otherwise provided in division (C) or (D) of	133608
this section, money deposited in an account of the township public	133609
improvement tax increment equivalent fund shall be used by the	133610
township to pay the costs of public infrastructure improvements	133611
designated in or the housing renovations authorized by the	133612
resolution with respect to which the account is established,	133613
including any interest on and principal of the notes; in the case	133614
of an account established with respect to a resolution adopted	133615
under division (C) of that section, money in the account shall be	133616
used to finance the public infrastructure improvements designated,	133617
or the housing renovations authorized, for each incentive district	133618
created in the resolution. Money in an account shall not be used	133619
to finance or support housing renovations that take place after	133620
the incentive district has expired.	133621

(C)(1)(a) A township may distribute money in such an account	133622
to any school district in which the exempt property is located in	133623
an amount not to exceed the amount of real property taxes that	133624
such school district would have received from the improvement if	133625
it were not exempt from taxation. The resolution establishing the	133626
fund shall set forth the percentage of such maximum amount that	133627
will be distributed to any affected school district.	133628

(b) A township also may distribute money in such an account	133629
as follows:	133630

(i) To a board of county commissioners, in the amount that is	133631
owed to the board pursuant to division (E) of section 5709.73 of	133632
the Revised Code;	133633

(ii) To a county in accordance with section 5709.913 of the	133634
Revised Code.	133635

(2) Money from an account in a township public improvement	133636
tax increment equivalent fund may be distributed under division	133637
(C)(1)(b) of this section, regardless of the date a resolution was	133638
adopted under section 5709.73 of the Revised Code that prompted	133639
the establishment of the account, even if the resolution was	133640
adopted prior to March 30, 2006.	133641

(D) A board of township trustees that adopted a resolution	133642
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	133643
~~January 1, 1995,~~ and that, with respect to property exempted under	133644
such a resolution, is party to a hold-harmless or service	133645
agreement, may appropriate and expend unencumbered money in the	133646
fund to pay current public safety expenses of the township. A	133647
township appropriating and expending money under this division	133648
shall reimburse the fund for the sum so appropriated and expended	133649
not later than the day the exemption granted under the resolution	133650
expires. For the purposes of this division, a "hold-harmless	133651
agreement" is an agreement with the board of education of a city,	133652
local, or exempted village school district under which the board	133653
of township trustees agrees to compensate the school district for	133654
one hundred per cent of the tax revenue the school district would	133655
have received from improvements to parcels designated in the	133656
resolution were it not for the exemption granted by the	133657
resolution.	133658

(E) Any ~~incidental surplus~~unencumbered money remaining in	133659
the township public improvement tax increment equivalent fund or	133660
an account of that fund upon dissolution of the account or fund	133661
shall be transferred to the general fund of the township.	133662

Sec. 5723.01. (A)(1) Every tract of land and town lot,	133663
which, pursuant to foreclosure proceedings under section 323.25,	133664
sections 323.65 to 323.79, or section 5721.18 of the Revised Code,	133665
has been advertised and offered for sale on two separate	133666
occasions, not less than two weeks apart, and not sold for want of	133667
bidders, shall be forfeited to the state or to a political	133668
subdivision, school district, or county land reutilization	133669
corporation pursuant to division (A)(3) of this section.	133670

(2) The county prosecuting attorney shall certify to the	133671
court that such tract of land or town lot has been twice offered	133672
for sale and not sold for want of a bidder. Such forfeiture of	133673
lands and town lots shall be effective when the court by entry	133674
orders such lands and town lots forfeited to the state or to a	133675
political subdivision, school district, or county land	133676
reutilization corporation pursuant to division (A)(3) of this	133677
section. A copy of such entry shall be certified to the county	133678
auditor and, after the date of the certification, all the right,	133679
title, claim, and interest of the former owner is transferred to	133680
and vested in the state to be disposed of in compliance with this	133681
chapter.	133682

(3) After having been notified pursuant to division (A)(2) of	133683
this section that the tract of land or town lot has been twice	133684
offered for sale and not sold for want of bidders, the court shall	133685
notify the political subdivision and school district in which the	133686
property is located, and any county land reutilization corporation	133687
in the county, and offer to forfeit the property to the political	133688
subdivision, school district, or corporation, or to an electing	133689
subdivision as defined in section 5722.01 of the Revised Code,	133690
upon a petition from the political subdivision, school district,	133691
or corporation. If no such petition is filed with the court within	133692
ten days after notification by the court, the court shall forfeit	133693
the property to the state. If a political subdivision, school	133694
district, or corporation requests through a petition to receive	133695
the property through forfeiture, the forfeiture of land and town	133696
lots is effective when, by entry, the court orders such lands and	133697
town lots forfeited to the political subdivision, school district,	133698
or corporation. The court shall certify a copy of the entry to the	133699
county auditor and, after the date of certification, all the	133700
right, title, claim, and interest of the former owner is	133701
transferred to and vested in the political subdivision, school	133702
district, or corporation free and clear of all taxes, assessments,	133703
charges, penalties, interest, and costs. Any subordinate liens	133704
shall be deemed fully and forever satisfied and discharged.	133705

(B) Every parcel against which a judgment of foreclosure and	133706
forfeiture is made in accordance with section 5721.16 of the	133707
Revised Code is forfeited to the state on the date the court	133708
enters a finding under that section. After that date, all the	133709
right, title, claim, and interest of the former owner is	133710
transferred to the state to be disposed of in compliance with the	133711
relevant provisions of this chapter.	133712

Sec. 5725.18. (A) An annual franchise tax on the privilege	133713
of being an insurance company is hereby levied on each domestic	133714
insurance company. In the month of May, annually, the treasurer of	133715
state shall charge for collection from each domestic insurance	133716
company a franchise tax in the amount computed in accordance with	133717
the following, as applicable:	133718

(1) With respect to a domestic insurance company that is a	133719
health insuring corporation, one per cent of all premium rate	133720
payments received, exclusive of payments received under the	133721
medicare program ~~established under Title XVIII of the "Social~~	133722
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	133723
and exclusive of payments received pursuant to the ~~medical~~	133724
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133725
~~Revised Code~~ for the period ending September 30, 2009, as	133726
reflected in its annual report for the preceding calendar year;	133727

(2) With respect to a domestic insurance company that is not	133728
a health insuring corporation, one and four-tenths per cent of the	133729
gross amount of premiums received from policies covering risks	133730
within this state, exclusive of premiums received under the	133731
medicare program ~~established under Title XVIII of the "Social~~	133732
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	133733
and exclusive of payments received pursuant to the ~~medical~~	133734
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133735
~~Revised Code~~ for the period ending September 30, 2009, as	133736
reflected in its annual statement for the preceding calendar year,	133737
and, if the company operates a health insuring corporation as a	133738
line of business, one per cent of all premium rate payments	133739
received from that line of business, exclusive of payments	133740
received under the medicare program ~~established under Title XVIII~~	133741
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	133742
~~301, as amended,~~ and exclusive of payments received pursuant to	133743
the ~~medical assistance~~medicaid program ~~established under Chapter~~	133744
~~5111. of the Revised Code~~ for the period ending September 30,	133745
2009, as reflected in its annual statement for the preceding	133746
calendar year.	133747

Domestic insurance companies, including health insuring	133748
corporations, receiving payments pursuant to the ~~medical~~	133749
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133750
~~Revised Code~~ during the period beginning October 1, 2009, and	133751
ending December 31, 2009, shall file with the 2009 annual	133752
statement to the superintendent a schedule that reflects those	133753
payments received pursuant to the ~~medical assistance~~medicaid	133754
program for that period. The payments reflected in the schedule,	133755
plus all other taxable premiums, are subject to the annual	133756
franchise tax due to be paid in 2010.	133757

(B) The gross amount of premium rate payments or premiums	133758
used to compute the applicable tax in accordance with division (A)	133759
of this section is subject to the deductions prescribed by section	133760
5729.03 of the Revised Code for foreign insurance companies. The	133761
objects of such tax are those declared in section 5725.24 of the	133762
Revised Code, to which only such tax shall be applied.	133763

(C) In no case shall such tax be less than two hundred fifty	133764
dollars.	133765

Sec. 5725.33. (A) Except as otherwise provided in this	133766
section, terms used in this section have the same meaning as	133767
section 45D of the Internal Revenue Code, any related proposed,	133768
temporary or final regulations promulgated under the Internal	133769
Revenue Code, any rules or guidance of the internal revenue	133770
service or the United States department of the treasury, and any	133771
related rules or guidance issued by the community development	133772
financial institutions fund of the United States department of the	133773
treasury, as such law, regulations, rules, and guidance exist on	133774
October 16, 2009.	133775

As used in this section:

133776

(1) "Adjusted purchase price" means the amount paid for	133777
qualified equity investments multiplied by the qualified	133778
low-income community investments made by the issuer in projects	133779
located in this state as a percentage of the total amount of	133780
qualified low-income community investments made by the issuer in	133781
projects located in all states on the credit allowance date during	133782
the applicable tax year, subject to divisions (B)(1) and (2) of	133783
this section.	133784

(2) "Applicable percentage" means zero per cent for each of	133785
the first two credit allowance dates, seven per cent for the third	133786
credit allowance date, and eight per cent for the four following	133787
credit allowance dates.	133788

(3) "Credit allowance date" means the date, on or after	133789
January 1, 2010, a qualified equity investment is made and each of	133790
the six anniversary dates thereafter. For qualified equity	133791
investments made after October 16, 2009, but before January 1,	133792
2010, the initial credit allowance date is January 1, 2010, and	133793
each of the six anniversary dates thereafter is on the first day	133794
of January of each year.	133795

(4) ~~"Qualified active low-income community business" excludes~~	133796
~~any business that derives or projects to derive fifteen per cent~~	133797
~~or more of annual revenue from the rental or sale of real~~	133798
~~property, except any business that is a special purpose entity~~	133799
~~principally owned by a principal user of that property formed~~	133800
~~solely for the purpose of renting, either directly or indirectly,~~	133801
~~or selling real property back to such principal user if such~~	133802
~~principal user does not derive fifteen per cent or more of its~~	133803
~~gross annual revenue from the rental or sale of real property.~~	133804

~~(5)~~ "Qualified community development entity" includes only	133805
entities:	133806

~~(a) That~~that have entered into an allocation agreement with	133807
the community development financial institutions fund of the	133808
United States department of the treasury with respect to credits	133809
authorized by section 45D of the Internal Revenue Code;	133810

~~(b) Whose~~and whose service area includes any portion of this	133811
state~~; and~~	133812

~~(c) That will designate an equity investment in such entities~~	133813
~~as a qualified equity investment for purposes of both section 45D~~	133814
~~of the Internal Revenue Code and this section~~.	133815

~~(6)~~(5) "Qualified equity investment" is limited to an equity	133816
investment in a qualified community development entity that:	133817

(a) Is acquired after October 16, 2009, at its original	133818
issuance solely in exchange for cash;	133819

(b) Has at least eighty-five per cent of its cash purchase	133820
price used by the qualified community development entity to make	133821
qualified low-income community investments, provided that in the	133822
seventh year after a qualified equity investment is made, only	133823
seventy-five per cent of such cash purchase price must be used by	133824
the qualified community development entity to make qualified	133825
low-income community investments; and	133826

(c) Is designated by the issuer as a qualified equity	133827
investment.	133828

"Qualified equity investment" includes any equity investment	133829
that would, but for division (A)~~(6)~~(5)(a) of this section, be a	133830
qualified equity investment in the hands of the taxpayer if such	133831
investment was a qualified equity investment in the hands of a	133832
prior holder.	133833

(B) There is hereby allowed a nonrefundable credit against	133834
the tax imposed by section 5725.18 of the Revised Code for an	133835
insurance company holding a qualified equity investment on the	133836
credit allowance date occurring in the calendar year for which the	133837
tax is due. The credit shall equal the applicable percentage of	133838
the adjusted purchase price of qualified low-income community	133839
investments, subject to divisions (B)(1) and (2) of this section:	133840

(1) For the purpose of calculating the amount of qualified	133841
low-income community investments held by a qualified community	133842
development entity, an investment shall be considered held by a	133843
qualified community development entity even if the investment has	133844
been sold or repaid, provided that, at any time before the seventh	133845
anniversary of the issuance of the qualified equity investment,	133846
the qualified community development entity reinvests an amount	133847
equal to the capital returned to or received or recovered by the	133848
qualified community development entity from the original	133849
investment, exclusive of any profits realized and costs incurred	133850
in the sale or repayment, in another qualified low-income	133851
community investment within twelve months of the receipt of such	133852
capital. If the qualified low-income community investment is sold	133853
or repaid after the sixth anniversary of the issuance of the	133854
qualified equity investment, the qualified low-income community	133855
investment shall be considered held by the qualified community	133856
development entity through the seventh anniversary of the	133857
qualified equity investment's issuance.	133858

(2) The qualified low-income community investment made in	133859
this state shall equal the sum of the qualified low-income	133860
community investments in each qualified active low-income	133861
community business in this state, not to exceed two million five	133862
hundred sixty-four thousand dollars, in which the qualified	133863
community development entity invests, including such investments	133864
in any such businesses in this state related to that qualified	133865
active low-income community business through majority ownership or	133866
control.	133867

The credit shall be claimed in the order prescribed by	133868
section 5725.98 of the Revised Code. If the amount of the credit	133869
exceeds the amount of tax otherwise due after deducting all other	133870
credits in that order, the excess may be carried forward and	133871
applied to the tax due for not more than four ensuing years.	133872

By claiming a tax credit under this section, an insurance	133873
company waives its rights under section 5725.222 of the Revised	133874
Code with respect to the time limitation for the assessment of	133875
taxes as it relates to credits claimed that later become subject	133876
to recapture under division (E) of this section.	133877

(C) The amount of qualified equity investments on the basis	133878
of which credits may be claimed under this section and sections	133879
5726.54, 5729.16, and 5733.58 of the Revised Code shall not exceed	133880
the amount, estimated by the director of development, that would	133881
cause the total amount of credits allowed each fiscal year to	133882
exceed ten million dollars, computed without regard to the	133883
potential for taxpayers to carry tax credits forward to later	133884
years.	133885

(D) If any amount of ~~the~~a federal tax credit allowed for a	133886
qualified equity investment for which a credit was received under	133887
this section is recaptured under section 45D of the Internal	133888
Revenue Code, or if the director of development services	133889
determines that an investment for which a tax credit is claimed	133890
under this section is not a qualified equity investment or that	133891
the proceeds of an investment for which a tax credit is claimed	133892
under this section are used to make qualified low-income community	133893
investments other than in a qualified active low-income community	133894
business, all or a portion of the credit received on account of	133895
that investment shall be paid by the insurance company that	133896
received the credit to the superintendent of insurance. The amount	133897
to be recovered shall be determined by the director of development	133898
services pursuant to rules adopted under division (E) of this	133899
section. The director shall certify any amount due under this	133900
division to the superintendent of insurance, and the	133901
superintendent shall notify the treasurer of state of the amount	133902
due. Upon notification, the treasurer shall invoice the insurance	133903
company for the amount due. The amount due is payable not later	133904
than thirty days after the date the treasurer invoices the	133905
insurance company. The amount due shall be considered to be tax	133906
due under section 5725.18 of the Revised Code, and may be	133907
collected by assessment without regard to the time limitations	133908
imposed under section 5725.222 of the Revised Code for the	133909
assessment of taxes by the superintendent. All amounts collected	133910
under this division shall be credited as revenue from the tax	133911
levied under section 5725.18 of the Revised Code.	133912

(E) The tax credits authorized under this section and	133913
sections 5726.54, 5729.16, and 5733.58 of the Revised Code shall	133914
be administered by the ~~department of~~ development services agency.	133915
The director of development services, in consultation with the tax	133916
commissioner and the superintendent of insurance, pursuant to	133917
Chapter 119. of the Revised Code, shall adopt rules for the	133918
administration of this section and sections 5726.54, 5729.16, and	133919
5733.58 of the Revised Code. The rules shall provide for	133920
determining the recovery of credits under division (D) of this	133921
section and under sections 5726.54, 5729.16, and 5733.58 of the	133922
Revised Code, including prorating the amount of the credit to be	133923
recovered on any reasonable basis, the manner in which credits may	133924
be allocated among claimants, and the amount of any application or	133925
other fees to be charged in connection with a recovery.	133926

(F) There is hereby created in the state treasury the new	133927
markets tax credit operating fund. The director of development	133928
services is authorized to charge reasonable application and other	133929
fees in connection with the administration of tax credits	133930
authorized by this section and sections 5726.54, 5729.16, and	133931
5733.58 of the Revised Code. Any such fees collected shall be	133932
credited to the fund. The director of development services shall	133933
use money in the fund to pay expenses related to the	133934
administration of tax credits authorized under sections 5725.33,	133935
5726.54, 5729.16, and 5733.58 of the Revised Code.	133936

Sec. 5725.34. (A) As used in this section, "certificate	133937
owner" has the same meaning as in section 149.311 of the Revised	133938
Code.	133939

(B) There is allowed a credit against the tax imposed by	133940
section 5725.18 of the Revised Code for an insurance company	133941
subject to that tax that is a certificate owner of a	133942
rehabilitation tax credit certificate issued under section 149.311	133943
of the Revised Code. The credit shall equal twenty-five per cent	133944
of the dollar amount indicated on the certificate, but the amount	133945
of the credit allowed for any company for any year shall not	133946
exceed ~~five~~ten million dollars. The credit shall be claimed in	133947
the calendar year specified in the certificate and in the order	133948
required under section 5725.98 of the Revised Code. If the credit	133949
exceeds the amount of tax otherwise due in that year, the excess	133950
shall be refunded to the company but, if any amount of the credit	133951
is refunded, the sum of the amount refunded and the amount applied	133952
to reduce the tax otherwise due in that year shall not exceed	133953
three million dollars. The company may carry forward any balance	133954
of the credit in excess of the amount claimed in that year for not	133955
more than five ensuing years, and shall deduct any amount claimed	133956
in any such year from the amount claimed in an ensuing year.	133957

(C) An insurance company claiming a credit under this section	133958
shall retain the rehabilitation tax credit certificate for four	133959
years following the end of the year in which the credit was	133960
claimed, and shall make the certificate available for inspection	133961
by the tax commissioner upon the request of the tax commissioner	133962
during that period.	133963

Sec. 5726.20. (A) The tax commissioner may make an	133964
assessment, based on any information in the commissioner's	133965
possession, against any person that fails to file a return or	133966
report or pay any tax as required by this chapter. The reporting	133967
person for a taxpayer shall file the annual report required under	133968
section 5726.02 of the Revised Code and remit the tax imposed by	133969
this chapter. Each person included in the annual report of the	133970
taxpayer is jointly and severally liable for the tax imposed by	133971
this chapter and any penalties and interest thereon. If the	133972
reporting person fails, for any reason, to file and remit any tax,	133973
the amount due may be collected by assessment against the	133974
reporting person and against any or all other persons required to	133975
be included in the annual report of the taxpayer in the manner	133976
provided by this section. The commissioner shall give the person	133977
assessed written notice of the assessment as provided in section	133978
5703.37 of the Revised Code. With the notice, the commissioner	133979
shall provide instructions on the manner in which to petition for	133980
reassessment and request a hearing with respect to the petition.	133981

(B) No assessment shall be made or issued against a person	133982
under this section more than four years after the later of the	133983
final date the report subject to assessment was required to be	133984
filed or the date such report was filed. Such time limit may be	133985
extended if both the person and the commissioner consent in	133986
writing to the extension or if an agreement waiving or extending	133987
the time limit has been entered into pursuant to section 122.171	133988
of the Revised Code. Any such extension shall extend the four-year	133989
time limit prescribed in division (A) of section 5726.30 of the	133990
Revised Code for the same period of time. There shall be no bar or	133991
limit to an assessment against a person that fails to file a	133992
report subject to assessment as required by this chapter, or that	133993
files a fraudulent report.	133994

(C) Unless the person assessed, within sixty days after	133995
service of the notice of assessment, files with the tax	133996
commissioner, either in person or by certified mail, a written	133997
petition for reassessment signed by the person or the person's	133998
authorized agent having knowledge of the facts, the assessment	133999
shall become final, and the amount of the assessment is due and	134000
payable from the person assessed to the treasurer of state. A	134001
petition shall indicate the objections of the person assessed, but	134002
additional objections may be raised in writing if received by the	134003
commissioner prior to the date shown on the final determination.	134004
If a petition for reassessment has been properly filed, the	134005
commissioner shall proceed under section 5703.60 of the Revised	134006
Code.	134007

(D)(1) After an assessment becomes final, if any portion of	134008
the assessment, including any accrued interest, remains unpaid, a	134009
certified copy of the tax commissioner's entry making the	134010
assessment final may be filed in the office of the clerk of the	134011
court of common pleas in the county in which the person resides or	134012
has its principal place of business in this state, or in the	134013
office of the clerk of court of common pleas of Franklin county.	134014

(2) Immediately upon the filing of the entry, the clerk shall	134015
enter judgment for the state against the person assessed in the	134016
amount shown on the entry. The judgment may be filed by the clerk	134017
in a loose-leaf book entitled, "special judgments for the	134018
financial institution tax" and shall have the same effect as other	134019
judgments. Execution shall issue upon the judgment at the request	134020
of the tax commissioner, and all laws applicable to sales on	134021
execution shall apply to sales made under the judgment.	134022

(3) ~~The portion of~~If the assessment is not paid in its	134023
entirety within sixty days after the day the assessment was	134024
issued, the portion of the assessment consisting of tax due shall	134025
bear interest at the rate per annum prescribed by section 5703.47	134026
of the Revised Code from the date the tax commissioner issues the	134027
assessment until the date the assessment is paid or until it is	134028
certified to the attorney general for collection under section	134029
131.02 of the Revised Code, whichever comes first. If the unpaid	134030
portion of the assessment is certified to the attorney general for	134031
collection, the entire unpaid portion of the assessment shall bear	134032
interest at the rate per annum prescribed by section 5703.47 of	134033
the Revised Code from the date of certification until the date it	134034
is paid in its entirety. Interest shall be paid in the same manner	134035
as the tax and may be collected by the issuance of an assessment	134036
under this section.	134037

(E) If the tax commissioner believes that collection of the	134038
tax imposed by this chapter will be jeopardized unless proceedings	134039
to collect or secure collection of the tax are instituted without	134040
delay, the commissioner may issue a jeopardy assessment against	134041
the person liable for the tax. Immediately upon the issuance of	134042
the jeopardy assessment, the commissioner shall file an entry with	134043
the clerk of the court of common pleas in the manner prescribed by	134044
division (D) of this section. Notice of the jeopardy assessment	134045
shall be served on the person assessed or the person's authorized	134046
agent in the manner provided in section 5703.37 of the Revised	134047
Code within five days of the filing of the entry with the clerk.	134048
The total amount assessed shall be immediately due and payable,	134049
unless the person assessed files a petition for reassessment in	134050
accordance with division (C) of this section and provides security	134051
in a form satisfactory to the commissioner and in an amount	134052
sufficient to satisfy the unpaid balance of the assessment. Full	134053
or partial payment of the assessment shall not prejudice the	134054
commissioner's consideration of the petition for reassessment.	134055

(F) The tax commissioner shall immediately forward to the	134056
treasurer of state all amounts the commissioner receives under	134057
this section. Such amounts shall be considered as revenue arising	134058
from the tax imposed by this chapter.	134059

(G) If the tax commissioner possesses information indicating	134060
that the amount of tax a taxpayer is required to pay under this	134061
chapter exceeds the amount the reporting person for the taxpayer	134062
paid, the tax commissioner may audit a sample of the taxpayer's	134063
gross receipts over a representative period of time to ascertain	134064
the amount of tax due, and may issue an assessment based on the	134065
audit. The tax commissioner shall make a good faith effort to	134066
reach agreement with the taxpayer in selecting a representative	134067
sample. The tax commissioner may apply a sampling method only if	134068
the commissioner has prescribed the method by rule.	134069

(H) If the whereabouts of a person subject to this chapter is	134070
not known to the tax commissioner, the secretary of state is	134071
hereby deemed to be that person's agent for purposes of service of	134072
process or notice of any assessment, action, or proceedings	134073
instituted in this state against the person under this chapter.	134074
Such process or notice shall be served on such person by the	134075
commissioner or by an agent of the commissioner by leaving a true	134076
and attested copy of the process or notice at the office of the	134077
secretary of state at least fifteen days before the return day of	134078
such process or notice, and by sending a copy of the process or	134079
notice to such person by ordinary mail, with an endorsement	134080
thereon of the service upon the secretary of state, addressed to	134081
such person at the person's last known address.	134082

Sec. 5726.52. (A) As used in this section, "certificate	134083
owner" has the same meaning as in section 149.311 of the Revised	134084
Code.	134085

(B) A taxpayer may claim a refundable credit against the tax	134086
imposed by this chapter for each person included in the annual	134087
report of a taxpayer that is a certificate owner of a	134088
rehabilitation tax credit certificate issued under section 149.311	134089
of the Revised Code. The credit shall equal twenty-five per cent	134090
of the dollar amount indicated on each certificate, but shall not	134091
exceed ~~five~~ten million dollars for each certificate.	134092

The credit shall be claimed for the calendar year specified	134093
in the certificate and in the order required under section 5726.98	134094
of the Revised Code. If the credit exceeds the amount of tax	134095
otherwise due in that year, the excess shall be refunded to the	134096
taxpayer, provided that, if any amount of the credit is refunded,	134097
the sum of the amount refunded and the amount applied to reduce	134098
the tax otherwise due in that year shall not exceed three million	134099
dollars. The taxpayer may carry forward any balance of the credit	134100
in excess of the amount claimed in that year for not more than	134101
five ensuing years, and shall deduct any amount claimed in any	134102
such year from the amount claimed in an ensuing year. A taxpayer	134103
may claim against the tax imposed by this chapter any unused	134104
portion of the credit authorized under section 5725.151 of the	134105
Revised Code, but only to the extent of the five-year carry	134106
forward period authorized by that section.	134107

(C) A taxpayer claiming a credit under this section shall	134108
retain the rehabilitation tax credit certificate for four years	134109
following the end of the year to which the credit was applied, and	134110
shall make the certificate available for inspection by the tax	134111
commissioner upon the request of the commissioner during that	134112
period.	134113

Sec. 5726.54. (A) Any term used in this section has the same	134114
meaning as in section 5725.33 of the Revised Code.	134115

(B) A taxpayer may claim a nonrefundable credit against the	134116
tax imposed by this chapter for each person included in the annual	134117
report of the taxpayer that holds a qualified equity investment on	134118
a credit allowance date occurring in the calendar year immediately	134119
preceding the tax year for which the tax is due. The credit shall	134120
be computed in the same manner prescribed for the computation of	134121
credits allowed under section 5725.33 of the Revised Code.	134122

By claiming a tax credit under this section, a taxpayer	134123
waives its rights under section 5726.20 of the Revised Code with	134124
respect to the time limitation for the assessment of taxes as it	134125
relates to credits claimed under this section that later become	134126
subject to recapture under division (D) of this section.	134127

A taxpayer may claim against the tax imposed by this chapter	134128
any unused portion of the credits authorized under sections	134129
5725.33 and 5733.58 of the Revised Code, but only to the extent of	134130
the remaining carry forward period authorized by those sections.	134131

The credit shall be claimed in the order prescribed by	134132
section 5726.98 of the Revised Code. If the amount of the credit	134133
exceeds the amount of tax otherwise due after deducting all other	134134
credits preceding the credit in the order prescribed in section	134135
5726.98 of the Revised Code, the excess may be carried forward for	134136
not more than four ensuing tax years.	134137

(C) The total amount of qualified equity investments on the	134138
basis of which credits may be claimed under this section and	134139
sections 5725.33, 5729.16, and 5733.58 of the Revised Code is	134140
subject to the limitation of division (C) of section 5725.33 of	134141
the Revised Code.	134142

(D) If any amount of ~~the~~a federal tax credit allowed for a	134143
qualified equity investment for which a credit was received under	134144
this section is recaptured under section 45D of the Internal	134145
Revenue Code, or if the director of development services	134146
determines that an investment for which a tax credit is claimed	134147
under this section is not a qualified equity investment or that	134148
the proceeds of an investment for which a tax credit is claimed	134149
under this section are used to make qualified low-income community	134150
investments other than in a qualified active low-income community	134151
business, all or a portion of the credit received on account of	134152
that investment shall be paid by the taxpayer that received the	134153
credit to the tax commissioner. The amount to be recovered shall	134154
be determined by the director pursuant to rules adopted under	134155
section 5725.33 of the Revised Code. The director shall certify	134156
any amount due under this division to the tax commissioner, and	134157
the commissioner shall notify the taxpayer of the amount due. The	134158
amount due is payable not later than thirty days after the day the	134159
commissioner issues the notice. The amount due shall be considered	134160
to be tax due under section 5726.02 of the Revised Code, and may	134161
be collected by assessment without regard to the limitations	134162
imposed under section 5726.20 of the Revised Code for the	134163
assessment of taxes by the commissioner. All amounts collected	134164
under this division shall be credited as revenue from the tax	134165
levied under section 5726.02 of the Revised Code.	134166

Sec. 5727.26. (A) The tax commissioner may make an	134167
assessment, based on any information in the commissioner's	134168
possession, against any natural gas company or combined company	134169
that fails to file a return or pay any tax, interest, or	134170
additional charge as required by sections 5727.24 to 5727.29 of	134171
the Revised Code. The commissioner shall give the company assessed	134172
written notice of the assessment as provided in section 5703.37 of	134173
the Revised Code. With the notice, the commissioner shall provide	134174
instructions on how to petition for reassessment and request a	134175
hearing on the petition. A penalty of up to fifteen per cent may	134176
be added to all amounts assessed under this section. The tax	134177
commissioner may adopt rules providing for the imposition and	134178
remission of the penalty.	134179

(B) Unless the company assessed, within sixty days after	134180
service of the notice of assessment, files with the tax	134181
commissioner, either personally or by certified mail, a written	134182
petition signed by the company's authorized agent having knowledge	134183
of the facts, the assessment becomes final, and the amount of the	134184
assessment is due and payable from the company assessed to the	134185
treasurer of state. The petition shall indicate the objections of	134186
the company assessed, but additional objections may be raised in	134187
writing if received by the commissioner prior to the date shown on	134188
the final determination.	134189

If a petition for reassessment has been properly filed, the	134190
commissioner shall proceed under section 5703.60 of the Revised	134191
Code.	134192

(C) After an assessment becomes final, if any portion of the	134193
assessment, including accrued interest, remains unpaid, a	134194
certified copy of the tax commissioner's entry making the	134195
assessment final may be filed in the office of the clerk of the	134196
court of common pleas in the county in which the natural gas	134197
company's or combined company's principal place of business is	134198
located, or in the office of the clerk of court of common pleas of	134199
Franklin county.	134200

Immediately on the filing of the entry, the clerk shall enter	134201
judgment for the state against the company assessed in the amount	134202
shown on the entry. The judgment may be filed by the clerk in a	134203
loose-leaf book entitled, "special judgments for the public	134204
utility excise tax on natural gas and combined companies," and	134205
shall have the same effect as other judgments. Execution shall	134206
issue upon the judgment at the request of the tax commissioner,	134207
and all laws applicable to sales on execution shall apply to sales	134208
made under the judgment.	134209

~~The portion of~~If the assessment is not paid in its entirety	134210
within sixty days after the day the assessment was issued, the	134211
portion of the assessment consisting of tax due shall bear	134212
interest at the rate per annum prescribed by section 5703.47 of	134213
the Revised Code from the day the tax commissioner issues the	134214
assessment until it is paid or until it is certified to the	134215
attorney general for collection under section 131.02 of the	134216
Revised Code, whichever comes first. If the unpaid portion of the	134217
assessment is certified to the attorney general for collection,	134218
the entire unpaid portion of the assessment shall bear interest at	134219
the rate per annum prescribed by section 5703.47 of the Revised	134220
Code from the date of certification until the date it is paid in	134221
its entirety. Interest shall be paid in the same manner as the tax	134222
and may be collected by the issuance of an assessment under this	134223
section.	134224

(D) If the tax commissioner believes that collection of the	134225
tax will be jeopardized unless proceedings to collect or secure	134226
collection of the tax are instituted without delay, the	134227
commissioner may issue a jeopardy assessment against the company	134228
liable for the tax. Immediately upon the issuance of the jeopardy	134229
assessment, the commissioner shall file an entry with the clerk of	134230
the court of common pleas in the manner prescribed by division (C)	134231
of this section. Notice of the jeopardy assessment shall be served	134232
on the company assessed or the company's authorized agent in the	134233
manner provided in section 5703.37 of the Revised Code within five	134234
days of the filing of the entry with the clerk. The total amount	134235
assessed is immediately due and payable, unless the company	134236
assessed files a petition for reassessment in accordance with	134237
division (B) of this section and provides security in a form	134238
satisfactory to the commissioner and in an amount sufficient to	134239
satisfy the unpaid balance of the assessment. Full or partial	134240
payment of the assessment does not prejudice the commissioner's	134241
consideration of the petition for reassessment.	134242

(E) The tax commissioner shall immediately forward to the	134243
treasurer of state all amounts that the tax commissioner receives	134244
under this section, and such amounts shall be considered revenue	134245
arising from the tax imposed by section 5727.24 of the Revised	134246
Code.	134247

(F) No assessment shall be made or issued against a natural	134248
gas company or combined company for the tax imposed by section	134249
5727.24 of the Revised Code more than four years after the return	134250
date for the period in which the tax was reported, or more than	134251
four years after the return for the period was filed, whichever is	134252
later.	134253

Sec. 5727.75. (A) For purposes of this section:

134254

(1) "Qualified energy project" means an energy project	134255
certified by the director of development services pursuant to this	134256
section.	134257

(2) "Energy project" means a project to provide electric	134258
power through the construction, installation, and use of an energy	134259
facility.	134260

(3) "Alternative energy zone" means a county declared as such	134261
by the board of county commissioners under division (E)(1)(b) or	134262
(c) of this section.	134263

(4) "Full-time equivalent employee" means the total number of	134264
employee-hours for which compensation was paid to individuals	134265
employed at a qualified energy project for services performed at	134266
the project during the calendar year divided by two thousand	134267
eighty hours.	134268

(5) "Solar energy project" means an energy project composed	134269
of an energy facility using solar panels to generate electricity.	134270

(B)(1) Tangible personal property of a qualified energy	134271
project using renewable energy resources is exempt from taxation	134272
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	134273
the following conditions are satisfied:	134274

(a) On or before December 31, ~~2013~~2018, the owner or a	134275
lessee pursuant to a sale and leaseback transaction of the project	134276
submits an application to the power siting board for a certificate	134277
under section 4906.20 of the Revised Code, or if that section does	134278
not apply, submits an application for any approval, consent,	134279
permit, or certificate or satisfies any condition required by a	134280
public agency or political subdivision of this state for the	134281
construction or initial operation of an energy project.	134282

(b) Construction or installation of the energy facility	134283
begins on or after January 1, 2009, and before January 1, ~~2014~~	134284
2019. For the purposes of this division, construction begins on	134285
the earlier of the date of application for a certificate or other	134286
approval or permit described in division (B)(1)(a) of this	134287
section, or the date the contract for the construction or	134288
installation of the energy facility is entered into.	134289

(c) For a qualified energy project with a nameplate capacity	134290
of five megawatts or greater, a board of county commissioners of a	134291
county in which property of the project is located has adopted a	134292
resolution under division (E)(1)(b) or (c) of this section to	134293
approve the application submitted under division (E) of this	134294
section to exempt the property located in that county from	134295
taxation. A board's adoption of a resolution rejecting an	134296
application or its failure to adopt a resolution approving the	134297
application does not affect the tax-exempt status of the qualified	134298
energy project's property that is located in another county.	134299

(2) If tangible personal property of a qualified energy	134300
project using renewable energy resources was exempt from taxation	134301
under this section beginning in any of tax years 2011, 2012, 2013,	134302
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	134303
under division (E)(2) of this section has not been revoked, the	134304
tangible personal property of the qualified energy project is	134305
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	134306
years if the property was placed into service before January 1,	134307
~~2015~~2020, as certified in the construction progress report	134308
required under division (F)(2) of this section. Tangible personal	134309
property that has not been placed into service before that date is	134310
taxable property subject to taxation. An energy project for which	134311
certification has been revoked is ineligible for further exemption	134312
under this section. Revocation does not affect the tax-exempt	134313
status of the project's tangible personal property for the tax	134314
year in which revocation occurs or any prior tax year.	134315

(C) Tangible personal property of a qualified energy project	134316
using clean coal technology, advanced nuclear technology, or	134317
cogeneration technology is exempt from taxation for the first tax	134318
year that the property would be listed for taxation and all	134319
subsequent years if all of the following circumstances are met:	134320

(1) The property was placed into service before January 1,	134321
~~2019~~2024. Tangible personal property that has not been placed	134322
into service before that date is taxable property subject to	134323
taxation.	134324

(2) For such a qualified energy project with a nameplate	134325
capacity of five megawatts or greater, a board of county	134326
commissioners of a county in which property of the qualified	134327
energy project is located has adopted a resolution under division	134328
(E)(1)(b) or (c) of this section to approve the application	134329
submitted under division (E) of this section to exempt the	134330
property located in that county from taxation. A board's adoption	134331
of a resolution rejecting the application or its failure to adopt	134332
a resolution approving the application does not affect the	134333
tax-exempt status of the qualified energy project's property that	134334
is located in another county.	134335

(3) The certification for the qualified energy project issued	134336
under division (E)(2) of this section has not been revoked. An	134337
energy project for which certification has been revoked is	134338
ineligible for exemption under this section. Revocation does not	134339
affect the tax-exempt status of the project's tangible personal	134340
property for the tax year in which revocation occurs or any prior	134341
tax year.	134342

(D) Except as otherwise provided in this section, real	134343
property of a qualified energy project is exempt from taxation for	134344
any tax year for which the tangible personal property of the	134345
qualified energy project is exempted under this section.	134346

(E)(1)(a) A person may apply to the director of development	134347
services for certification of an energy project as a qualified	134348
energy project on or before the following dates:	134349

(i) December 31, ~~2013~~2018, for an energy project using	134350
renewable energy resources;	134351

(ii) December 31, ~~2015~~2020, for an energy project using	134352
clean coal technology, advanced nuclear technology, or	134353
cogeneration technology.	134354

(b) The director shall forward a copy of each application for	134355
certification of an energy project with a nameplate capacity of	134356
five megawatts or greater to the board of county commissioners of	134357
each county in which the project is located and to each taxing	134358
unit with territory located in each of the affected counties. Any	134359
board that receives from the director a copy of an application	134360
submitted under this division shall adopt a resolution approving	134361
or rejecting the application unless it has adopted a resolution	134362
under division (E)(1)(c) of this section. A resolution adopted	134363
under division (E)(1)(b) or (c) of this section may require an	134364
annual service payment to be made in addition to the service	134365
payment required under division (G) of this section. The sum of	134366
the service payment required in the resolution and the service	134367
payment required under division (G) of this section shall not	134368
exceed nine thousand dollars per megawatt of nameplate capacity	134369
located in the county. The resolution shall specify the time and	134370
manner in which the payments required by the resolution shall be	134371
paid to the county treasurer. The county treasurer shall deposit	134372
the payment to the credit of the county's general fund to be used	134373
for any purpose for which money credited to that fund may be used.	134374

The board shall send copies of the resolution by certified	134375
mail to the owner of the facility and the director within thirty	134376
days after receipt of the application, or a longer period of time	134377
if authorized by the director.	134378

(c) A board of county commissioners may adopt a resolution	134379
declaring the county to be an alternative energy zone and	134380
declaring all applications submitted to the director of	134381
development services under this division after the adoption of the	134382
resolution, and prior to its repeal, to be approved by the board.	134383

All tangible personal property and real property of an energy	134384
project with a nameplate capacity of five megawatts or greater is	134385
taxable if it is located in a county in which the board of county	134386
commissioners adopted a resolution rejecting the application	134387
submitted under this division or failed to adopt a resolution	134388
approving the application under division (E)(1)(b) or (c) of this	134389
section.	134390

(2) The director shall certify an energy project if all of	134391
the following circumstances exist:	134392

(a) The application was timely submitted.

134393

(b) For an energy project with a nameplate capacity of five	134394
megawatts or greater, a board of county commissioners of at least	134395
one county in which the project is located has adopted a	134396
resolution approving the application under division (E)(1)(b) or	134397
(c) of this section.	134398

(c) No portion of the project's facility was used to supply	134399
electricity before December 31, 2009.	134400

(3) The director shall deny a certification application if	134401
the director determines the person has failed to comply with any	134402
requirement under this section. The director may revoke a	134403
certification if the director determines the person, or subsequent	134404
owner or lessee pursuant to a sale and leaseback transaction of	134405
the qualified energy project, has failed to comply with any	134406
requirement under this section. Upon certification or revocation,	134407
the director shall notify the person, owner, or lessee, the tax	134408
commissioner, and the county auditor of a county in which the	134409
project is located of the certification or revocation. Notice	134410
shall be provided in a manner convenient to the director.	134411

(F) The owner or a lessee pursuant to a sale and leaseback	134412
transaction of a qualified energy project shall do each of the	134413
following:	134414

(1) Comply with all applicable regulations;

134415

(2) File with the director of development services a	134416
certified construction progress report before the first day of	134417
March of each year during the energy facility's construction or	134418
installation indicating the percentage of the project completed,	134419
and the project's nameplate capacity, as of the preceding	134420
thirty-first day of December. Unless otherwise instructed by the	134421
director of development services, the owner or lessee of an energy	134422
project shall file a report with the director on or before the	134423
first day of March each year after completion of the energy	134424
facility's construction or installation indicating the project's	134425
nameplate capacity as of the preceding thirty-first day of	134426
December. Not later than sixty days after June 17, 2010, the owner	134427
or lessee of an energy project, the construction of which was	134428
completed before June 17, 2010, shall file a certificate	134429
indicating the project's nameplate capacity.	134430

(3) File with the director of development services, in a	134431
manner prescribed by the director, a report of the total number of	134432
full-time equivalent employees, and the total number of full-time	134433
equivalent employees domiciled in Ohio, who are employed in the	134434
construction or installation of the energy facility;	134435

(4) For energy projects with a nameplate capacity of five	134436
megawatts or greater, repair all roads, bridges, and culverts	134437
affected by construction as reasonably required to restore them to	134438
their preconstruction condition, as determined by the county	134439
engineer in consultation with the local jurisdiction responsible	134440
for the roads, bridges, and culverts. In the event that the county	134441
engineer deems any road, bridge, or culvert to be inadequate to	134442
support the construction or decommissioning of the energy	134443
facility, the road, bridge, or culvert shall be rebuilt or	134444
reinforced to the specifications established by the county	134445
engineer prior to the construction or decommissioning of the	134446
facility. The owner or lessee of the facility shall post a bond in	134447
an amount established by the county engineer and to be held by the	134448
board of county commissioners to ensure funding for repairs of	134449
roads, bridges, and culverts affected during the construction. The	134450
bond shall be released by the board not later than one year after	134451
the date the repairs are completed. The energy facility owner or	134452
lessee pursuant to a sale and leaseback transaction shall post a	134453
bond, as may be required by the Ohio power siting board in the	134454
certificate authorizing commencement of construction issued	134455
pursuant to section 4906.10 of the Revised Code, to ensure funding	134456
for repairs to roads, bridges, and culverts resulting from	134457
decommissioning of the facility. The energy facility owner or	134458
lessee and the county engineer may enter into an agreement	134459
regarding specific transportation plans, reinforcements,	134460
modifications, use and repair of roads, financial security to be	134461
provided, and any other relevant issue.	134462

(5) Provide or facilitate training for fire and emergency	134463
responders for response to emergency situations related to the	134464
energy project and, for energy projects with a nameplate capacity	134465
of five megawatts or greater, at the person's expense, equip the	134466
fire and emergency responders with proper equipment as reasonably	134467
required to enable them to respond to such emergency situations;	134468

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	134469
employees employed in the construction or installation of the	134470
energy project to total full-time equivalent employees employed in	134471
the construction or installation of the energy project of not less	134472
than eighty per cent in the case of a solar energy project, and	134473
not less than fifty per cent in the case of any other energy	134474
project. In the case of an energy project for which certification	134475
from the power siting board is required under section 4906.20 of	134476
the Revised Code, the number of full-time equivalent employees	134477
employed in the construction or installation of the energy project	134478
equals the number actually employed or the number projected to be	134479
employed in the certificate application, if such projection is	134480
required under regulations adopted pursuant to section 4906.03 of	134481
the Revised Code, whichever is greater. For all other energy	134482
projects, the number of full-time equivalent employees employed in	134483
the construction or installation of the energy project equals the	134484
number actually employed or the number projected to be employed by	134485
the director of development services, whichever is greater. To	134486
estimate the number of employees to be employed in the	134487
construction or installation of an energy project, the director	134488
shall use a generally accepted job-estimating model in use for	134489
renewable energy projects, including but not limited to the job	134490
and economic development impact model. The director may adjust an	134491
estimate produced by a model to account for variables not	134492
accounted for by the model.	134493

(7) For energy projects with a nameplate capacity in excess	134494
of two megawatts, establish a relationship with a member of the	134495
university system of Ohio as defined in section 3345.011 of the	134496
Revised Code or with a person offering an apprenticeship program	134497
registered with the employment and training administration within	134498
the United States department of labor or with the apprenticeship	134499
council created by section 4139.02 of the Revised Code, to educate	134500
and train individuals for careers in the wind or solar energy	134501
industry. The relationship may include endowments, cooperative	134502
programs, internships, apprenticeships, research and development	134503
projects, and curriculum development.	134504

(8) Offer to sell power or renewable energy credits from the	134505
energy project to electric distribution utilities or electric	134506
service companies subject to renewable energy resource	134507
requirements under section 4928.64 of the Revised Code that have	134508
issued requests for proposal for such power or renewable energy	134509
credits. If no electric distribution utility or electric service	134510
company issues a request for proposal on or before December 31,	134511
2010, or accepts an offer for power or renewable energy credits	134512
within forty-five days after the offer is submitted, power or	134513
renewable energy credits from the energy project may be sold to	134514
other persons. Division (F)(8) of this section does not apply if:	134515

(a) The owner or lessee is a rural electric company or a	134516
municipal power agency as defined in section 3734.058 of the	134517
Revised Code.	134518

(b) The owner or lessee is a person that, before completion	134519
of the energy project, contracted for the sale of power or	134520
renewable energy credits with a rural electric company or a	134521
municipal power agency.	134522

(c) The owner or lessee contracts for the sale of power or	134523
renewable energy credits from the energy project before June 17,	134524
2010.	134525

(9) Make annual service payments as required by division (G)	134526
of this section and as may be required in a resolution adopted by	134527
a board of county commissioners under division (E) of this	134528
section.	134529

(G) The owner or a lessee pursuant to a sale and leaseback	134530
transaction of a qualified energy project shall make annual	134531
service payments in lieu of taxes to the county treasurer on or	134532
before the final dates for payments of taxes on public utility	134533
personal property on the real and public utility personal property	134534
tax list for each tax year for which property of the energy	134535
project is exempt from taxation under this section. The county	134536
treasurer shall allocate the payment on the basis of the project's	134537
physical location. Upon receipt of a payment, or if timely payment	134538
has not been received, the county treasurer shall certify such	134539
receipt or non-receipt to the director of development services and	134540
tax commissioner in a form determined by the director and	134541
commissioner, respectively. Each payment shall be in the following	134542
amount:	134543

(1) In the case of a solar energy project, seven thousand	134544
dollars per megawatt of nameplate capacity located in the county	134545
as of December 31, 2010, for tax year 2011, as of December 31,	134546
2011, for tax year 2012, as of December 31, 2012, for tax year	134547
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	134548
December 31, 2014, for tax year 2015, as of December 31, 2015, for	134549
tax year 2016, as of December 31, 2016, for tax year 2017, as of	134550
December 31, 2017, for tax year 2018, as of December 31, 2018, for	134551
tax year 2019, and as of December 31, 2019, for tax year 2020 and	134552
each tax year thereafter;	134553

(2) In the case of any other energy project using renewable	134554
energy resources, the following:	134555

(a) If the project maintains during the construction or	134556
installation of the energy facility a ratio of Ohio-domiciled	134557
full-time equivalent employees to total full-time equivalent	134558
employees of not less than seventy-five per cent, six thousand	134559
dollars per megawatt of nameplate capacity located in the county	134560
as of the thirty-first day of December of the preceding tax year;	134561

(b) If the project maintains during the construction or	134562
installation of the energy facility a ratio of Ohio-domiciled	134563
full-time equivalent employees to total full-time equivalent	134564
employees of less than seventy-five per cent but not less than	134565
sixty per cent, seven thousand dollars per megawatt of nameplate	134566
capacity located in the county as of the thirty-first day of	134567
December of the preceding tax year;	134568

(c) If the project maintains during the construction or	134569
installation of the energy facility a ratio of Ohio-domiciled	134570
full-time equivalent employees to total full-time equivalent	134571
employees of less than sixty per cent but not less than fifty per	134572
cent, eight thousand dollars per megawatt of nameplate capacity	134573
located in the county as of the thirty-first day of December of	134574
the preceding tax year.	134575

(3) In the case of an energy project using clean coal	134576
technology, advanced nuclear technology, or cogeneration	134577
technology, the following:	134578

(a) If the project maintains during the construction or	134579
installation of the energy facility a ratio of Ohio-domiciled	134580
full-time equivalent employees to total full-time equivalent	134581
employees of not less than seventy-five per cent, six thousand	134582
dollars per megawatt of nameplate capacity located in the county	134583
as of the thirty-first day of December of the preceding tax year;	134584

(b) If the project maintains during the construction or	134585
installation of the energy facility a ratio of Ohio-domiciled	134586
full-time equivalent employees to total full-time equivalent	134587
employees of less than seventy-five per cent but not less than	134588
sixty per cent, seven thousand dollars per megawatt of nameplate	134589
capacity located in the county as of the thirty-first day of	134590
December of the preceding tax year;	134591

(c) If the project maintains during the construction or	134592
installation of the energy facility a ratio of Ohio-domiciled	134593
full-time equivalent employees to total full-time equivalent	134594
employees of less than sixty per cent but not less than fifty per	134595
cent, eight thousand dollars per megawatt of nameplate capacity	134596
located in the county as of the thirty-first day of December of	134597
the preceding tax year.	134598

(H) The director of development services in consultation with	134599
the tax commissioner shall adopt rules pursuant to Chapter 119. of	134600
the Revised Code to implement and enforce this section.	134601

Sec. 5727.84. (A) As used in this section and sections	134602
5727.85, 5727.86, and 5727.87 of the Revised Code:	134603

(1) "School district" means a city, local, or exempted	134604
village school district.	134605

(2) "Joint vocational school district" means a joint	134606
vocational school district created under section 3311.16 of the	134607
Revised Code, and includes a cooperative education school district	134608
created under section 3311.52 or 3311.521 of the Revised Code and	134609
a county school financing district created under section 3311.50	134610
of the Revised Code.	134611

(3) "Local taxing unit" means a subdivision or taxing unit,	134612
as defined in section 5705.01 of the Revised Code, a park district	134613
created under Chapter 1545. of the Revised Code, or a township	134614
park district established under section 511.23 of the Revised	134615
Code, but excludes school districts and joint vocational school	134616
districts.	134617

(4) "State education aid," for a school district, means the	134618
following:	134619

(a) For fiscal years prior to fiscal year 2010, the sum of	134620
state aid amounts computed for the district under former sections	134621
3317.029, 3317.052, and 3317.053 of the Revised Code and the	134622
following provisions, as they existed for the applicable fiscal	134623
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	134624
3317.022; divisions (B), (C), and (D) of section 3317.023;	134625
divisions (G), (L), and (N) of section 3317.024; and sections	134626
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	134627
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	134628
division (C) of section 3310.08; division (C)(2) of section	134629
3310.41; division (C) of section 3314.08; division (D)(2) of	134630
section 3314.091; division (D) of former section 3314.13;	134631
divisions (E), (K), (L), (M), and (N) of section 3317.023;	134632
division (C) of section 3317.20; and sections 3313.979 and	134633
3313.981 of the Revised Code. However, when calculating state	134634
education aid for a school district for fiscal years 2008 and	134635
2009, include the amount computed for the district under Section	134636
269.20.80 of H.B. 119 of the 127th general assembly, as	134637
subsequently amended, instead of division (D) of section 3317.022	134638
of the Revised Code; and include amounts calculated under Section	134639
269.30.80 of H.B. 119 of the 127th general assembly, as	134640
subsequently amended.	134641

(b) For fiscal years 2010 and 2011, the sum of the amounts	134642
computed for the district under former sections 3306.052, 3306.12,	134643
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	134644
of the Revised Code and the following provisions, as they existed	134645
for the applicable fiscal year: division (G) of section 3317.024;	134646
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	134647
Code; and the adjustments required by division (C) of section	134648
3310.08; division (C)(2) of section 3310.41; division (C) of	134649
section 3314.08; division (D)(2) of section 3314.091; division (D)	134650
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	134651
of section 3317.023; division (C) of section 3317.20; and sections	134652
3313.979, 3313.981, and 3326.33 of the Revised Code.	134653

(c) For fiscal years 2012 and 2013, the amount paid in	134654
accordance with the section of H.B. 153 of the 129th general	134655
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	134656
SCHOOL DISTRICTS" and the adjustments required by division (C) of	134657
section 3310.08; division (C)(2) of section 3310.41; section	134658
3310.55; division (C) of section 3314.08; division (D)(2) of	134659
section 3314.091; division (D) of former section 3314.13;	134660
divisions (B), (H), (I), (J), and (K) of section 3317.023;	134661
division (C) of section 3317.20; and sections 3313.979 and	134662
3313.981 of the Revised Code;	134663

(d) For fiscal year 2014 and each fiscal year thereafter, the	134664
sum of amounts computed for and paid to the district under section	134665
3317.022 of the Revised Code; and the adjustments required by	134666
division (C) of section 3310.08, division (C)(2) of section	134667
3310.41, section 3310.55, division (C) of section 3314.08,	134668
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	134669
(K) of section 3317.023, and sections 3313.978, 3313.981,	134670
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	134671
However, for fiscal years 2014 and 2015, the amount computed for	134672
the district under the section of this act entitled "TRANSITIONAL	134673
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	134674
shall be included.	134675

(5) "State education aid," for a joint vocational school	134676
district, means the following:	134677

(a) For fiscal years prior to fiscal year 2010, the sum of	134678
the state aid amounts computed for the district under division (N)	134679
of section 3317.024 and section 3317.16 of the Revised Code.	134680
However, when calculating state education aid for a joint	134681
vocational school district for fiscal years 2008 and 2009, include	134682
the amount computed for the district under Section 269.30.90 of	134683
H.B. 119 of the 127th general assembly, as subsequently amended.	134684

(b) For fiscal years 2010 and 2011, the amount computed for	134685
the district in accordance with the section of H.B. 1 of the 128th	134686
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	134687
DISTRICTS"."	134688

(c) For fiscal years 2012 and 2013, the amount paid in	134689
accordance with the section of H.B. 153 of the 129th general	134690
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	134691

(d) For fiscal year 2014 and each fiscal year thereafter, the	134692
amount computed for the district under section 3317.16 of the	134693
Revised Code; except that, for fiscal years 2014 and 2015, the	134694
amount computed for the district under the section of this act	134695
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	134696
shall be included.	134697

(6) "State education aid offset" means the amount determined	134698
for each school district or joint vocational school district under	134699
division (A)(1) of section 5727.85 of the Revised Code.	134700

(7) "Recognized valuation" ~~has the same meaning as in~~means	134701
the amount computed for a school district pursuant to section	134702
~~3317.02~~3317.015 of the Revised Code.	134703

(8) "Electric company tax value loss" means the amount	134704
determined under division (D) of this section.	134705

(9) "Natural gas company tax value loss" means the amount	134706
determined under division (E) of this section.	134707

(10) "Tax value loss" means the sum of the electric company	134708
tax value loss and the natural gas company tax value loss.	134709

(11) "Fixed-rate levy" means any tax levied on property other	134710
than a fixed-sum levy.	134711

(12) "Fixed-rate levy loss" means the amount determined under	134712
division (G) of this section.	134713

(13) "Fixed-sum levy" means a tax levied on property at	134714
whatever rate is required to produce a specified amount of tax	134715
money or levied in excess of the ten-mill limitation to pay debt	134716
charges, and includes school district emergency levies charged and	134717
payable pursuant to section 5705.194 of the Revised Code.	134718

(14) "Fixed-sum levy loss" means the amount determined under	134719
division (H) of this section.	134720

(15) "Consumer price index" means the consumer price index	134721
(all items, all urban consumers) prepared by the bureau of labor	134722
statistics of the United States department of labor.	134723

(16) "Total resources" and "total library resources" have the	134724
same meanings as in section 5751.20 of the Revised Code.	134725

(17) "2011 current expense S.B. 3 allocation" means the sum	134726
of payments received by a school district or joint vocational	134727
school district in fiscal year 2011 for current expense levy	134728
losses pursuant to division (C)(2) of section 5727.85 of the	134729
Revised Code. If a fixed-rate levy eligible for reimbursement is	134730
not charged and payable in any year after tax year 2010, "2011	134731
current expense S.B. 3 allocation" used to compute payments to be	134732
made under division (C)(3) of section 5727.85 of the Revised Code	134733
in the tax years following the last year the levy is charged and	134734
payable shall be reduced to the extent that those payments are	134735
attributable to the fixed-rate levy loss of that levy.	134736

(18) "2010 current expense S.B. 3 allocation" means the sum	134737
of payments received by a municipal corporation in calendar year	134738
2010 for current expense levy losses pursuant to division (A)(1)	134739
of section 5727.86 of the Revised Code, excluding any such	134740
payments received for current expense levy losses attributable to	134741
a tax levied under section 5705.23 of the Revised Code. If a	134742
fixed-rate levy eligible for reimbursement is not charged and	134743
payable in any year after tax year 2010, "2010 current expense	134744
S.B. 3 allocation" used to compute payments to be made under	134745
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	134746
in the tax years following the last year the levy is charged and	134747
payable shall be reduced to the extent that those payments are	134748
attributable to the fixed-rate levy loss of that levy.	134749

(19) "2010 S.B. 3 allocation" means the sum of payments	134750
received by a local taxing unit during calendar year 2010 pursuant	134751
to division (A)(1) of section 5727.86 of the Revised Code,	134752
excluding any such payments received for fixed-rate levy losses	134753
attributable to a tax levied under section 5705.23 of the Revised	134754
Code. If a fixed-rate levy eligible for reimbursement is not	134755
charged and payable in any year after tax year 2010, "2010 S.B. 3	134756
allocation" used to compute payments to be made under division	134757
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	134758
years following the last year the levy is charged and payable	134759
shall be reduced to the extent that those payments are	134760
attributable to the fixed-rate levy loss of that levy.	134761

(20) "Total S.B. 3 allocation" means, in the case of a school	134762
district or joint vocational school district, the sum of the	134763
payments received in fiscal year 2011 pursuant to divisions (C)(2)	134764
and (D) of section 5727.85 of the Revised Code. In the case of a	134765
local taxing unit, "total S.B. 3 allocation" means the sum of	134766
payments received by the unit in calendar year 2010 pursuant to	134767
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	134768
excluding any such payments received for fixed-rate levy losses	134769
attributable to a tax levied under section 5705.23 of the Revised	134770
Code. If a fixed-rate levy eligible for reimbursement is not	134771
charged and payable in any year after tax year 2010, "total S.B. 3	134772
allocation" used to compute payments to be made under division	134773
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	134774
5727.86 of the Revised Code in the tax years following the last	134775
year the levy is charged and payable shall be reduced to the	134776
extent that those payments are attributable to the fixed-rate levy	134777
loss of that levy as would be computed under division (C)(2) of	134778
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	134779
Revised Code.	134780

(21) "2011 non-current expense S.B. 3 allocation" means the	134781
difference of a school district's or joint vocational school	134782
district's total S.B. 3 allocation minus the sum of the school	134783
district's 2011 current expense S.B. 3 allocation and the portion	134784
of the school district's total S.B. 3 allocation constituting	134785
reimbursement for debt levies pursuant to division (D) of section	134786
5727.85 of the Revised Code.	134787

(22) "2010 non-current expense S.B. 3 allocation" means the	134788
difference of a municipal corporation's total S.B. 3 allocation	134789
minus the sum of its 2010 current expense S.B. 3 allocation and	134790
the portion of its total S.B. 3 allocation constituting	134791
reimbursement for debt levies pursuant to division (A)(4) of	134792
section 5727.86 of the Revised Code.	134793

(23) "S.B. 3 allocation for library purposes" means, in the	134794
case of a county, municipal corporation, school district, or	134795
township public library that receives the proceeds of a tax levied	134796
under section 5705.23 of the Revised Code, the sum of the payments	134797
received by the public library in calendar year 2010 pursuant to	134798
section 5727.86 of the Revised Code for fixed-rate levy losses	134799
attributable to a tax levied under section 5705.23 of the Revised	134800
Code. If a fixed-rate levy authorized under section 5705.23 of the	134801
Revised Code that is eligible for reimbursement is not charged and	134802
payable in any year after tax year 2010, "S.B. 3 allocation for	134803
library purposes" used to compute payments to be made under	134804
division (A)(1)(f) of section 5727.86 of the Revised Code in the	134805
tax years following the last year the levy is charged and payable	134806
shall be reduced to the extent that those payments are	134807
attributable to the fixed-rate levy loss of that levy as would be	134808
computed under division (A)(1)(b) of section 5727.86 of the	134809
Revised Code.	134810

(24) "Threshold per cent" means, in the case of a school	134811
district or joint vocational school district, two per cent for	134812
fiscal year 2012 and four per cent for fiscal years 2013 and	134813
thereafter. In the case of a local taxing unit or public library	134814
that receives the proceeds of a tax levied under section 5705.23	134815
of the Revised Code, "threshold per cent" means two per cent for	134816
calendar year 2011, four per cent for calendar year 2012, and six	134817
per cent for calendar years 2013 and thereafter.	134818

(B) The kilowatt-hour tax receipts fund is hereby created in	134819
the state treasury and shall consist of money arising from the tax	134820
imposed by section 5727.81 of the Revised Code. All money in the	134821
kilowatt-hour tax receipts fund shall be credited as follows:	134822

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	134823
2001-2011	63.0%	25.4%	11.6%	134824
2012 and thereafter	88.0%	9.0%	3.0%	134825

(C) The natural gas tax receipts fund is hereby created in	134826
the state treasury and shall consist of money arising from the tax	134827
imposed by section 5727.811 of the Revised Code. All money in the	134828
fund shall be credited as follows:	134829

(1) For fiscal years before fiscal year 2012:

134830

(a) Sixty-eight and seven-tenths per cent shall be credited	134831
to the school district property tax replacement fund for the	134832
purpose of making the payments described in section 5727.85 of the	134833
Revised Code.	134834

(b) Thirty-one and three-tenths per cent shall be credited to	134835
the local government property tax replacement fund for the purpose	134836
of making the payments described in section 5727.86 of the Revised	134837
Code.	134838

(2) For fiscal years 2012 and thereafter, one hundred per	134839
cent to the general revenue fund.	134840

(D) Not later than January 1, 2002, the tax commissioner	134841
shall determine for each taxing district its electric company tax	134842
value loss, which is the sum of the applicable amounts described	134843
in divisions (D)(1) to (4) of this section:	134844

(1) The difference obtained by subtracting the amount	134845
described in division (D)(1)(b) from the amount described in	134846
division (D)(1)(a) of this section.	134847

(a) The value of electric company and rural electric company	134848
tangible personal property as assessed by the tax commissioner for	134849
tax year 1998 on a preliminary assessment, or an amended	134850
preliminary assessment if issued prior to March 1, 1999, and as	134851
apportioned to the taxing district for tax year 1998;	134852

(b) The value of electric company and rural electric company	134853
tangible personal property as assessed by the tax commissioner for	134854
tax year 1998 had the property been apportioned to the taxing	134855
district for tax year 2001, and assessed at the rates in effect	134856
for tax year 2001.	134857

(2) The difference obtained by subtracting the amount	134858
described in division (D)(2)(b) from the amount described in	134859
division (D)(2)(a) of this section.	134860

(a) The three-year average for tax years 1996, 1997, and 1998	134861
of the assessed value from nuclear fuel materials and assemblies	134862
assessed against a person under Chapter 5711. of the Revised Code	134863
from the leasing of them to an electric company for those	134864
respective tax years, as reflected in the preliminary assessments;	134865

(b) The three-year average assessed value from nuclear fuel	134866
materials and assemblies assessed under division (D)(2)(a) of this	134867
section for tax years 1996, 1997, and 1998, as reflected in the	134868
preliminary assessments, using an assessment rate of twenty-five	134869
per cent.	134870

(3) In the case of a taxing district having a nuclear power	134871
plant within its territory, any amount, resulting in an electric	134872
company tax value loss, obtained by subtracting the amount	134873
described in division (D)(1) of this section from the difference	134874
obtained by subtracting the amount described in division (D)(3)(b)	134875
of this section from the amount described in division (D)(3)(a) of	134876
this section.	134877

(a) The value of electric company tangible personal property	134878
as assessed by the tax commissioner for tax year 2000 on a	134879
preliminary assessment, or an amended preliminary assessment if	134880
issued prior to March 1, 2001, and as apportioned to the taxing	134881
district for tax year 2000;	134882

(b) The value of electric company tangible personal property	134883
as assessed by the tax commissioner for tax year 2001 on a	134884
preliminary assessment, or an amended preliminary assessment if	134885
issued prior to March 1, 2002, and as apportioned to the taxing	134886
district for tax year 2001.	134887

(4) In the case of a taxing district having a nuclear power	134888
plant within its territory, the difference obtained by subtracting	134889
the amount described in division (D)(4)(b) of this section from	134890
the amount described in division (D)(4)(a) of this section,	134891
provided that such difference is greater than ten per cent of the	134892
amount described in division (D)(4)(a) of this section.	134893

(a) The value of electric company tangible personal property	134894
as assessed by the tax commissioner for tax year 2005 on a	134895
preliminary assessment, or an amended preliminary assessment if	134896
issued prior to March 1, 2006, and as apportioned to the taxing	134897
district for tax year 2005;	134898

(b) The value of electric company tangible personal property	134899
as assessed by the tax commissioner for tax year 2006 on a	134900
preliminary assessment, or an amended preliminary assessment if	134901
issued prior to March 1, 2007, and as apportioned to the taxing	134902
district for tax year 2006.	134903

(E) Not later than January 1, 2002, the tax commissioner	134904
shall determine for each taxing district its natural gas company	134905
tax value loss, which is the sum of the amounts described in	134906
divisions (E)(1) and (2) of this section:	134907

(1) The difference obtained by subtracting the amount	134908
described in division (E)(1)(b) from the amount described in	134909
division (E)(1)(a) of this section.	134910

(a) The value of all natural gas company tangible personal	134911
property, other than property described in division (E)(2) of this	134912
section, as assessed by the tax commissioner for tax year 1999 on	134913
a preliminary assessment, or an amended preliminary assessment if	134914
issued prior to March 1, 2000, and apportioned to the taxing	134915
district for tax year 1999;	134916

(b) The value of all natural gas company tangible personal	134917
property, other than property described in division (E)(2) of this	134918
section, as assessed by the tax commissioner for tax year 1999 had	134919
the property been apportioned to the taxing district for tax year	134920
2001, and assessed at the rates in effect for tax year 2001.	134921

(2) The difference in the value of current gas obtained by	134922
subtracting the amount described in division (E)(2)(b) from the	134923
amount described in division (E)(2)(a) of this section.	134924

(a) The three-year average assessed value of current gas as	134925
assessed by the tax commissioner for tax years 1997, 1998, and	134926
1999 on a preliminary assessment, or an amended preliminary	134927
assessment if issued prior to March 1, 2001, and as apportioned in	134928
the taxing district for those respective years;	134929

(b) The three-year average assessed value from current gas	134930
under division (E)(2)(a) of this section for tax years 1997, 1998,	134931
and 1999, as reflected in the preliminary assessment, using an	134932
assessment rate of twenty-five per cent.	134933

(F) The tax commissioner may request that natural gas	134934
companies, electric companies, and rural electric companies file a	134935
report to help determine the tax value loss under divisions (D)	134936
and (E) of this section. The report shall be filed within thirty	134937
days of the commissioner's request. A company that fails to file	134938
the report or does not timely file the report is subject to the	134939
penalty in section 5727.60 of the Revised Code.	134940

(G) Not later than January 1, 2002, the tax commissioner	134941
shall determine for each school district, joint vocational school	134942
district, and local taxing unit its fixed-rate levy loss, which is	134943
the sum of its electric company tax value loss multiplied by the	134944
tax rate in effect in tax year 1998 for fixed-rate levies and its	134945
natural gas company tax value loss multiplied by the tax rate in	134946
effect in tax year 1999 for fixed-rate levies.	134947

(H) Not later than January 1, 2002, the tax commissioner	134948
shall determine for each school district, joint vocational school	134949
district, and local taxing unit its fixed-sum levy loss, which is	134950
the amount obtained by subtracting the amount described in	134951
division (H)(2) of this section from the amount described in	134952
division (H)(1) of this section:	134953

(1) The sum of the electric company tax value loss multiplied	134954
by the tax rate in effect in tax year 1998, and the natural gas	134955
company tax value loss multiplied by the tax rate in effect in tax	134956
year 1999, for fixed-sum levies for all taxing districts within	134957
each school district, joint vocational school district, and local	134958
taxing unit. For the years 2002 through 2006, this computation	134959
shall include school district emergency levies that existed in	134960
1998 in the case of the electric company tax value loss, and 1999	134961
in the case of the natural gas company tax value loss, and all	134962
other fixed-sum levies that existed in 1998 in the case of the	134963
electric company tax value loss and 1999 in the case of the	134964
natural gas company tax value loss and continue to be charged in	134965
the tax year preceding the distribution year. For the years 2007	134966
through 2016 in the case of school district emergency levies, and	134967
for all years after 2006 in the case of all other fixed-sum	134968
levies, this computation shall exclude all fixed-sum levies that	134969
existed in 1998 in the case of the electric company tax value loss	134970
and 1999 in the case of the natural gas company tax value loss,	134971
but are no longer in effect in the tax year preceding the	134972
distribution year. For the purposes of this section, an emergency	134973
levy that existed in 1998 in the case of the electric company tax	134974
value loss, and 1999 in the case of the natural gas company tax	134975
value loss, continues to exist in a year beginning on or after	134976
January 1, 2007, but before January 1, 2017, if, in that year, the	134977
board of education levies a school district emergency levy for an	134978
annual sum at least equal to the annual sum levied by the board in	134979
tax year 1998 or 1999, respectively, less the amount of the	134980
payment certified under this division for 2002.	134981

(2) The total taxable value in tax year 1999 less the tax	134982
value loss in each school district, joint vocational school	134983
district, and local taxing unit multiplied by one-fourth of one	134984
mill.	134985

If the amount computed under division (H) of this section for	134986
any school district, joint vocational school district, or local	134987
taxing unit is greater than zero, that amount shall equal the	134988
fixed-sum levy loss reimbursed pursuant to division (F) of section	134989
5727.85 of the Revised Code or division (A)(2) of section 5727.86	134990
of the Revised Code, and the one-fourth of one mill that is	134991
subtracted under division (H)(2) of this section shall be	134992
apportioned among all contributing fixed-sum levies in the	134993
proportion of each levy to the sum of all fixed-sum levies within	134994
each school district, joint vocational school district, or local	134995
taxing unit.	134996

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	134997
section, in computing the tax value loss, fixed-rate levy loss,	134998
and fixed-sum levy loss, the tax commissioner shall use the	134999
greater of the 1998 tax rate or the 1999 tax rate in the case of	135000
levy losses associated with the electric company tax value loss,	135001
but the 1999 tax rate shall not include for this purpose any tax	135002
levy approved by the voters after June 30, 1999, and the tax	135003
commissioner shall use the greater of the 1999 or the 2000 tax	135004
rate in the case of levy losses associated with the natural gas	135005
company tax value loss.	135006

(J) Not later than January 1, 2002, the tax commissioner	135007
shall certify to the department of education the tax value loss	135008
determined under divisions (D) and (E) of this section for each	135009
taxing district, the fixed-rate levy loss calculated under	135010
division (G) of this section, and the fixed-sum levy loss	135011
calculated under division (H) of this section. The calculations	135012
under divisions (G) and (H) of this section shall separately	135013
display the levy loss for each levy eligible for reimbursement.	135014

(K) Not later than September 1, 2001, the tax commissioner	135015
shall certify the amount of the fixed-sum levy loss to the county	135016
auditor of each county in which a school district with a fixed-sum	135017
levy loss has territory.	135018

Sec. 5727.89. (A) The tax commissioner may make an	135019
assessment, based on any information in the commissioner's	135020
possession, against any natural gas distribution company, electric	135021
distribution company, self-assessing purchaser, or qualified end	135022
user that fails to file a return or pay any tax, interest, or	135023
additional charge as required by sections 5727.80 to 5727.95 of	135024
the Revised Code.	135025

When information in the possession of the tax commissioner	135026
indicates that a person liable for the tax imposed by section	135027
5727.81 or 5727.811 of the Revised Code has not paid the full	135028
amount of tax due, the commissioner may audit a representative	135029
sample of the person's business and may issue an assessment based	135030
on the audit. The commissioner shall give the person assessed	135031
written notice of the assessment in the manner provided in section	135032
5703.37 of the Revised Code. With the notice, the commissioner	135033
shall provide instructions on how to petition for reassessment and	135034
request a hearing on the petition.	135035

The tax commissioner may issue an assessment for which the	135036
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	135037
due and unpaid on the date the person was informed by an agent of	135038
the tax commissioner of an investigation or audit of the person.	135039
Any payment of the tax for the period covered by the assessment,	135040
after the person is so informed, shall be credited against the	135041
assessment.	135042

A penalty of up to fifteen per cent may be added to all	135043
amounts assessed under this section. The commissioner may adopt	135044
rules providing for the imposition and remission of penalties.	135045

(B) Unless the party assessed files with the tax commissioner	135046
within sixty days after service of the notice of assessment,	135047
either personally or by certified mail, a written petition for	135048
reassessment signed by the party assessed or that party's	135049
authorized agent having knowledge of the facts, the assessment	135050
becomes final and the amount of the assessment is due and payable	135051
from the party assessed to the treasurer of state. The petition	135052
shall indicate the objections of the party assessed, but	135053
additional objections may be raised in writing if received by the	135054
commissioner prior to the date shown on the final determination.	135055
If the petition has been properly filed, the commissioner shall	135056
proceed under section 5703.60 of the Revised Code.	135057

(C) After an assessment becomes final, if any portion of the	135058
assessment, including accrued interest, remains unpaid, a	135059
certified copy of the tax commissioner's entry making the	135060
assessment final may be filed in the office of the clerk of the	135061
court of common pleas in the county in which the party assessed	135062
resides or in which the party's business is conducted. If the	135063
party assessed maintains no place of business in this state and is	135064
not a resident of this state, the certified copy of the entry may	135065
be filed in the office of the clerk of the court of common pleas	135066
of Franklin county.	135067

Immediately upon the filing of the entry, the clerk shall	135068
enter a judgment for the state against the person assessed in the	135069
amount shown on the entry. The judgment may be filed by the clerk	135070
in a loose-leaf book entitled "special judgments for the	135071
distribution excise taxes," and shall have the same effect as	135072
other judgments. Execution shall issue upon the judgment at the	135073
request of the tax commissioner, and all laws applicable to sales	135074
on execution shall apply to sales made under the judgment.	135075

~~The portion of~~If the assessment is not paid in its entirety	135076
within sixty days after the day the assessment was issued, the	135077
portion of the assessment consisting of tax due shall bear	135078
interest at the rate per annum prescribed by section 5703.47 of	135079
the Revised Code from the day the tax commissioner issues the	135080
assessment until the day the assessment is paid or until it is	135081
certified to the attorney general for collection under section	135082
131.02 of the Revised Code, whichever comes first. If the unpaid	135083
portion of the assessment is certified to the attorney general for	135084
collection, the entire unpaid portion of the assessment shall bear	135085
interest at the rate per annum prescribed by section 5703.47 of	135086
the Revised Code from the date of certification until the date it	135087
is paid in its entirety. Interest shall be paid in the same manner	135088
as the tax and may be collected by the issuance of an assessment	135089
under this section.	135090

(D) If the tax commissioner believes that collection of the	135091
tax imposed by section 5727.81 or 5727.811 of the Revised Code	135092
will be jeopardized unless proceedings to collect or secure	135093
collection of the tax are instituted without delay, the	135094
commissioner may issue a jeopardy assessment against the person	135095
liable for the tax. Immediately upon the issuance of the jeopardy	135096
assessment, the commissioner shall file an entry with the clerk of	135097
the court of common pleas in the manner prescribed by division (C)	135098
of this section. Notice of the jeopardy assessment shall be served	135099
on the party assessed or the party's legal representative within	135100
five days of the filing of the entry with the clerk. The total	135101
amount assessed is immediately due and payable, unless the party	135102
assessed files a petition for reassessment in accordance with	135103
division (B) of this section and provides security in a form	135104
satisfactory to the commissioner and in an amount sufficient to	135105
satisfy the unpaid balance of the assessment. Full or partial	135106
payment of the assessment does not prejudice the commissioner's	135107
consideration of the petition for reassessment.	135108

(E) All money collected by the tax commissioner under this	135109
section shall be paid to the treasurer of state, and when paid	135110
shall be considered as revenue arising from the taxes imposed by	135111
sections 5727.81 and 5727.811 of the Revised Code.	135112

Sec. 5728.10. (A) If any person required to file a fuel use	135113
tax return by sections 5728.01 to 5728.14 of the Revised Code,	135114
fails to file the return within the time prescribed by those	135115
sections, files an incomplete return, files an incorrect return,	135116
or fails to remit the full amount of the tax due for the period	135117
covered by the return, the tax commissioner may make an assessment	135118
against the person, based upon any information in the	135119
commissioner's possession, for the period for which the tax was	135120
due.	135121

No assessment shall be made against any person for any tax	135122
imposed by this chapter more than four years after the return date	135123
for the period for which the tax was due or more than four years	135124
after the return for the period was filed, whichever is later.	135125
This section does not bar an assessment against any person who	135126
fails to file a fuel use tax return as required by this chapter,	135127
or who files a fraudulent fuel use tax return.	135128

A penalty of up to fifteen per cent may be added to the	135129
amount of every assessment made pursuant to this section. The	135130
commissioner may adopt rules providing for the imposition and	135131
remission of penalties added to assessments made under this	135132
section.	135133

The commissioner shall give the party assessed written notice	135134
of the assessment in the manner provided in section 5703.37 of the	135135
Revised Code. With the notice, the commissioner shall provide	135136
instructions on how to petition for reassessment and request a	135137
hearing on the petition.	135138

(B) Unless the party assessed files with the tax commissioner	135139
within sixty days after service of the notice of assessment,	135140
either personally or by certified mail, a written petition for	135141
reassessment, signed by the party assessed, or by the party's	135142
authorized agent having knowledge of the facts, the assessment	135143
becomes final and the amount of the assessment is due and payable	135144
from the party assessed to the treasurer of state. The petition	135145
shall indicate the objections of the party assessed, but	135146
additional objections may be raised in writing if received by the	135147
commissioner prior to the date shown on the final determination.	135148
If the petition has been properly filed, the commissioner shall	135149
proceed under section 5703.60 of the Revised Code.	135150

(C) After an assessment becomes final, if any portion of the	135151
assessment remains unpaid, including accrued interest, a certified	135152
copy of the tax commissioner's entry making the assessment final	135153
may be filed in the office of the clerk of the court of common	135154
pleas in the county in which the party's place of business is	135155
located or the county in which the party assessed resides. If the	135156
party maintains no office in this state and is not a resident of	135157
this state, the certified copy of the entry may be filed in the	135158
office of the clerk of the court of common pleas of Franklin	135159
county.	135160

Immediately upon the filing of the entry, the clerk shall	135161
enter a judgment for the state of Ohio against the party assessed	135162
in the amount shown on the entry. The judgment may be filed by the	135163
clerk in a loose-leaf book entitled "special judgments for state	135164
fuel use tax," and shall have the same effect as other judgments.	135165
Execution shall issue upon the judgment upon the request of the	135166
commissioner, and all laws applicable to sales on execution shall	135167
apply to sales made under the judgment.	135168

~~The portion of~~If the assessment is not paid within sixty	135169
days after the day the assessment was issued, the portion of the	135170
assessment consisting of tax due shall bear interest at the rate	135171
per annum prescribed by section 5703.47 of the Revised Code from	135172
the day the commissioner issues the assessment until it is paid or	135173
until it is certified to the attorney general for collection under	135174
section 131.02 of the Revised Code, whichever comes first. If the	135175
unpaid portion of the assessment is certified to the attorney	135176
general for collection, the entire unpaid portion of the	135177
assessment shall bear interest at the rate per annum prescribed by	135178
section 5703.47 of the Revised Code from the date of certification	135179
until the date it is paid in its entirety. Interest shall be paid	135180
in the same manner as the tax and may be collected by the issuance	135181
of an assessment under this section.	135182

(D) All money collected by the tax commissioner under this	135183
section shall be paid into the state treasury in the same manner	135184
as the revenues deriving from the taxes imposed by section 5728.06	135185
of the Revised Code.	135186

Sec. 5729.03. (A) If the superintendent of insurance finds	135187
the annual statement required by section 5729.02 of the Revised	135188
Code to be correct, the superintendent shall compute the following	135189
amount, as applicable, of the balance of such gross amount, after	135190
deducting such return premiums and considerations received for	135191
reinsurance, and charge such amount to such company as a tax upon	135192
the business done by it in this state for the period covered by	135193
such annual statement:	135194

(1) If the company is a health insuring corporation, one per	135195
cent of the balance of premium rate payments received, exclusive	135196
of payments received under the medicare program ~~established under~~	135197
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	135198
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	135199
pursuant to the ~~medical assistance~~medicaid program ~~established~~	135200
~~under Chapter 5111. of the Revised Code~~ for the period ending	135201
September 30, 2009, as reflected in its annual report;	135202

(2) If the company is not a health insuring corporation, one	135203
and four-tenths per cent of the balance of premiums received,	135204
exclusive of premiums received under the medicare program	135205
~~established under Title XVIII of the "Social Security Act," 49~~	135206
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	135207
payments received pursuant to the ~~medical assistance~~medicaid	135208
program ~~established under Chapter 5111. of the Revised Code~~ for	135209
the period ending September 30, 2009, as reflected in its annual	135210
statement, and, if the company operates a health insuring	135211
corporation as a line of business, one per cent of the balance of	135212
premium rate payments received from that line of business,	135213
exclusive of payments received under the medicare program	135214
~~established under Title XVIII of the "Social Security Act," 49~~	135215
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	135216
payments received pursuant to the ~~medical assistance~~medicaid	135217
program ~~established under Chapter 5111. of the Revised Code~~ for	135218
the period ending September 30, 2009, as reflected in its annual	135219
statement.	135220

Each foreign insurance company, including health insuring	135221
corporations, receiving payments pursuant to the ~~medical~~	135222
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	135223
~~Revised Code~~ during the period beginning October 1, 2009, and	135224
ending December 31, 2009, shall file with the 2009 annual	135225
statement to the superintendent a schedule that reflects those	135226
payments received pursuant to the ~~medical assistance~~medicaid	135227
program for that period. The payments reflected in the schedule,	135228
plus all other taxable premiums, are subject to the annual	135229
franchise tax due to be paid in 2010.	135230

(B) Any insurance policies that were not issued in violation	135231
of Title XXXIX of the Revised Code and that were issued prior to	135232
April 15, 1967, by a life insurance company organized and operated	135233
without profit to any private shareholder or individual,	135234
exclusively for the purpose of aiding educational or scientific	135235
institutions organized and operated without profit to any private	135236
shareholder or individual, are not subject to the tax imposed by	135237
this section. All taxes collected pursuant to this section shall	135238
be credited to the general revenue fund.	135239

(C) In no case shall the tax imposed under this section be	135240
less than two hundred fifty dollars.	135241

Sec. 5729.04. To compute franchise taxes on gross premiums	135242
to be paid under any law of this state by any mutual insurance	135243
company authorized to do business under the laws of this state, or	135244
by any stock insurance company so authorized, doing business on	135245
the plan of distributing back to its policyholders at the end of	135246
the policy year refunds of a portion of the premium collected, the	135247
amount of premium deposits received by the company upon any risk	135248
written pursuant to section 3925.34 or division (A)(1), (2), or	135249
(7), or (14) of section 3929.01 of the Revised Code, within this	135250
state in excess of the net cost of insurance to the insured shall	135251
not be included where the excess deposit is returned ratably by	135252
the company to its policyholders; but the amount of gross or	135253
aggregate premiums received by the company is deemed the balance	135254
remaining after deducting from the gross amount of premium	135255
deposits received or collected by it on risks in this state during	135256
the preceding calendar year that portion of gross premium deposits	135257
returned by it to policyholders during the preceding calendar	135258
year, upon the cancellation or expiration of risks upon property	135259
situated within this state. In addition to the matters of return	135260
required to be made by insurance companies for the purpose of	135261
computing taxes, any company shall also return for such purpose in	135262
its annual statement:	135263

(A) The gross amount of premium deposits received or	135264
collected by it on risks in this state during the preceding	135265
calendar year;	135266

(B) The total amount of gross premium deposits returned to	135267
policyholders during such preceding calendar year upon	135268
cancellation and upon expiration of risks upon property situated	135269
within this state.	135270

Where insurance against fire is included with insurance	135271
against other perils at an undivided premium, a reasonable	135272
allocation from the entire premium shall be made for the fire	135273
portion of the coverage in such manner as the superintendent of	135274
insurance may direct.	135275

Sec. 5729.16. (A) Terms used in this section have the same	135276
meaning as in section 5725.33 of the Revised Code.	135277

(B) There is hereby allowed a nonrefundable credit against	135278
the tax imposed by section 5729.03 of the Revised Code for a	135279
foreign insurance company holding a qualified equity investment on	135280
the credit allowance date occurring in the calendar year for which	135281
the tax is due. The credit shall be computed in the same manner	135282
prescribed for the computation of credits allowed under section	135283
5725.33 of the Revised Code.	135284

The credit shall be claimed in the order prescribed by	135285
section 5729.98 of the Revised Code. If the amount of the credit	135286
exceeds the amount of tax otherwise due after deducting all other	135287
credits in that order, the excess may be carried forward and	135288
applied to the tax due for not more than four ensuing years.	135289

By claiming a tax credit under this section, an insurance	135290
company waives its rights under section 5729.102 of the Revised	135291
Code with respect to the time limitation for the assessment of	135292
taxes as it relates to credits claimed that later become subject	135293
to recapture under division (D) of this section.	135294

(C) The total amount of qualified equity investments on the	135295
basis of which credits may be claimed under this section, section	135296
5725.33, and section 5733.58 of the Revised Code is subject to the	135297
limitation of division (C) of section 5725.33 of the Revised Code.	135298

(D) If any amount of ~~the~~a federal tax credit allowed for a	135299
qualified equity investment for which a credit was received under	135300
this section is recaptured under section 45D of the Internal	135301
Revenue Code, or if the director of development services	135302
determines that an investment for which a tax credit is claimed	135303
under this section is not a qualified equity investment or that	135304
the proceeds of an investment for which a tax credit is claimed	135305
under this section are used to make qualified low-income community	135306
investments other than in a qualified active low-income community	135307
business, all or a portion of the credit received on account of	135308
that investment shall be paid by the insurance company that	135309
received the credit to the superintendent of insurance. The amount	135310
to be recovered shall be determined by the director of development	135311
services pursuant to rules adopted under section 5725.33 of the	135312
Revised Code. The director shall certify any amount due under this	135313
division to the superintendent of insurance, and the	135314
superintendent shall notify the treasurer of state of the amount	135315
due. Upon notification, the treasurer shall invoice the insurance	135316
company for the amount due. The amount due is payable not later	135317
than thirty days after the date the treasurer invoices the	135318
insurance company. The amount due shall be considered to be tax	135319
due under section 5729.03 of the Revised Code, and may be	135320
collected by assessment without regard to the time limitations	135321
imposed under section 5729.102 of the Revised Code for the	135322
assessment of taxes by the superintendent. All amounts collected	135323
under this division shall be credited as revenue from the tax	135324
levied under section 5729.03 of the Revised Code.	135325

Sec. 5729.17. (A) As used in this section, "certificate	135326
owner" has the same meaning as in section 149.311 of the Revised	135327
Code.	135328

(B) There is allowed a credit against the tax imposed by	135329
section 5729.03 of the Revised Code for an insurance company	135330
subject to that tax that is a certificate owner of a	135331
rehabilitation tax credit certificate issued under section 149.311	135332
of the Revised Code. The credit shall equal twenty-five per cent	135333
of the dollar amount indicated on the certificate, but the amount	135334
of the credit allowed for any company for any year shall not	135335
exceed ~~five~~ten million dollars. The credit shall be claimed in	135336
the calendar year specified in the certificate and in the order	135337
required under section 5729.98 of the Revised Code. If the credit	135338
exceeds the amount of tax otherwise due in that year, the excess	135339
shall be refunded to the company but, if any amount of the credit	135340
is refunded, the sum of the amount refunded and the amount applied	135341
to reduce the tax otherwise due in that year shall not exceed	135342
three million dollars. The company may carry forward any balance	135343
of the credit in excess of the amount claimed in that year for not	135344
more than five ensuing years, and shall deduct any amount claimed	135345
in any such year from the amount claimed in an ensuing year.	135346

(C) An insurance company claiming a credit under this section	135347
shall retain the rehabilitation tax credit certificate for four	135348
years following the end of the year in which the credit was	135349
claimed, and shall make the certificate available for inspection	135350
by the tax commissioner upon the request of the tax commissioner	135351
during that period.	135352

Sec. 5731.39. This section does not apply to, and the	135353
written permission of the tax commissioner is not required for	135354
asset transfers with respect to, decedents dying on or after	135355
January 1, 2013.	135356

(A) No corporation organized or existing under the laws of	135357
this state shall transfer on its books or issue a new certificate	135358
for any share of its capital stock registered in the name of a	135359
decedent, or in trust for a decedent, or in the name of a decedent	135360
and another person or persons, without the written consent of the	135361
tax commissioner.	135362

(B) No safe deposit company, trust company, financial	135363
institution as defined in division (A) of section 5725.01 of the	135364
Revised Code, or other corporation or person, having in	135365
possession, control, or custody a deposit standing in the name of	135366
a decedent, or in trust for a decedent, or in the name of a	135367
decedent and another person or persons, shall deliver or transfer	135368
an amount in excess of three-fourths of the total value of such	135369
deposit, including accrued interest and dividends, as of the date	135370
of decedent's death, without the written consent of the tax	135371
commissioner. The written consent of the tax commissioner need not	135372
be obtained prior to the delivery or transfer of amounts having a	135373
value of three-fourths or less of said total value.	135374

(C) No life insurance company shall pay the proceeds of an	135375
annuity or matured endowment contract, or of a life insurance	135376
contract payable to the estate of a decedent, or of any other	135377
insurance contract taxable under Chapter 5731. of the Revised	135378
Code, without the written consent of the tax commissioner. Any	135379
life insurance company may pay the proceeds of any insurance	135380
contract not specified in this division (C) without the written	135381
consent of the tax commissioner.	135382

(D) No trust company or other corporation or person shall pay	135383
the proceeds of any death benefit, retirement, pension, or	135384
profit-sharing plan in excess of two thousand dollars, without the	135385
written consent of the tax commissioner. Such trust company or	135386
other corporation or person, however, may pay the proceeds of any	135387
death benefit, retirement, pension, or profit-sharing plan which	135388
consists of insurance on the life of the decedent payable to a	135389
beneficiary other than the estate of the insured without the	135390
written consent of the tax commissioner.	135391

(E) No safe deposit company, trust company, financial	135392
institution as defined in division (A) of section 5725.01 of the	135393
Revised Code, or other corporation or person, having in	135394
possession, control, or custody securities, assets, or other	135395
property (including the shares of the capital stock of, or other	135396
interest in, such safe deposit company, trust company, financial	135397
institution as defined in division (A) of section 5725.01 of the	135398
Revised Code, or other corporation), standing in the name of a	135399
decedent, or in trust for a decedent, or in the name of a decedent	135400
and another person or persons, and the transfer of which is	135401
taxable under Chapter 5731. of the Revised Code, shall deliver or	135402
transfer any such securities, assets, or other property which have	135403
a value as of the date of decedent's death in excess of	135404
three-fourths of the total value thereof, without the written	135405
consent of the tax commissioner. The written consent of the tax	135406
commissioner need not be obtained prior to the delivery or	135407
transfer of any such securities, assets, or other property having	135408
a value of three-fourths or less of said total value.	135409

(F) No safe deposit company, financial institution as defined	135410
in division (A) of section 5725.01 of the Revised Code, or other	135411
corporation or person having possession or control of a safe	135412
deposit box or similar receptacle standing in the name of a	135413
decedent or in the name of the decedent and another person or	135414
persons, or to which the decedent had a right of access, except	135415
when such safe deposit box or other receptacle stands in the name	135416
of a corporation or partnership, or in the name of the decedent as	135417
guardian or executor, shall deliver any of the contents thereof	135418
unless the safe deposit box or similar receptacle has been opened	135419
and inventoried in the presence of the tax commissioner or the	135420
commissioner's agent, and a written consent to transfer issued;	135421
provided, however, that a safe deposit company, financial	135422
institution, or other corporation or person having possession or	135423
control of a safe deposit box may deliver wills, deeds to burial	135424
lots, and insurance policies to a representative of the decedent,	135425
but that a representative of the safe deposit company, financial	135426
institution, or other corporation or person must supervise the	135427
opening of the box and make a written record of the wills, deeds,	135428
and policies removed. Such written record shall be included in the	135429
tax commissioner's inventory records.	135430

(G) Notwithstanding any provision of this section:

135431

(1) The tax commissioner may authorize any delivery or	135432
transfer or waive any of the foregoing requirements under such	135433
terms and conditions as the commissioner may prescribe;	135434

(2) A home, as defined in section 3721.10 of the Revised	135435
Code, or a residential facility licensed under section ~~5119.22~~	135436
5119.34 of the Revised Code that provides accommodations,	135437
supervision, and personal care services for three to sixteen	135438
unrelated adults, may transfer or use the money in a personal	135439
needs allowance account in accordance with section ~~5111.113~~	135440
5162.22 of the Revised Code without the written consent of the tax	135441
commissioner, and without the account having been opened and	135442
inventoried in the presence of the commissioner or the	135443
commissioner's agent.	135444

Failure to comply with this section shall render such safe	135445
deposit company, trust company, life insurance company, financial	135446
institution as defined in division (A) of section 5725.01 of the	135447
Revised Code, or other corporation or person liable for the amount	135448
of the taxes and interest due under the provisions of Chapter	135449
5731. of the Revised Code on the transfer of such stock, deposit,	135450
proceeds of an annuity or matured endowment contract or of a life	135451
insurance contract payable to the estate of a decedent, or other	135452
insurance contract taxable under Chapter 5731. of the Revised	135453
Code, proceeds of any death benefit, retirement, pension, or	135454
profit-sharing plan in excess of two thousand dollars, or	135455
securities, assets, or other property of any resident decedent,	135456
and in addition thereto, to a penalty of not less than five	135457
hundred or more than five thousand dollars.	135458

Sec. 5733.01. (A) The tax provided by this chapter for	135459
domestic corporations shall be the amount charged against each	135460
corporation organized for profit under the laws of this state and	135461
each nonprofit corporation organized pursuant to Chapter 1729. of	135462
the Revised Code, except as provided in sections 5733.09 and	135463
5733.10 of the Revised Code, for the privilege of exercising its	135464
franchise during the calendar year in which that amount is	135465
payable, and the tax provided by this chapter for foreign	135466
corporations shall be the amount charged against each corporation	135467
organized for profit and each nonprofit corporation organized or	135468
operating in the same or similar manner as nonprofit corporations	135469
organized under Chapter 1729. of the Revised Code, under the laws	135470
of any state or country other than this state, except as provided	135471
in sections 5733.09 and 5733.10 of the Revised Code, for the	135472
privilege of doing business in this state, owning or using a part	135473
or all of its capital or property in this state, holding a	135474
certificate of compliance with the laws of this state authorizing	135475
it to do business in this state, or otherwise having nexus in or	135476
with this state under the Constitution of the United States,	135477
during the calendar year in which that amount is payable.	135478

(B) A corporation is subject to the tax imposed by section	135479
5733.06 of the Revised Code for each calendar year prior to 2014	135480
that it is so organized, doing business, owning or using a part or	135481
all of its capital or property, holding a certificate of	135482
compliance, or otherwise having nexus in or with this state under	135483
the Constitution of the United States, on the first day of January	135484
of that calendar year. No credit authorized by this chapter may be	135485
claimed for tax year 2014 or any tax year thereafter.	135486

(C) Any corporation subject to this chapter that is not	135487
subject to the federal income tax shall file its returns and	135488
compute its tax liability as required by this chapter in the same	135489
manner as if that corporation were subject to the federal income	135490
tax.	135491

(D) For purposes of this chapter, a federally chartered	135492
financial institution shall be deemed to be organized under the	135493
laws of the state within which its principal office is located.	135494

(E) For purposes of this chapter, any person, as defined in	135495
section 5701.01 of the Revised Code, shall be treated as a	135496
corporation if the person is classified for federal income tax	135497
purposes as an association taxable as a corporation, and an equity	135498
interest in the person shall be treated as capital stock of the	135499
person.	135500

(F) For the purposes of this chapter, "disregarded entity"	135501
has the same meaning as in division (D) of section 5745.01 of the	135502
Revised Code.	135503

(1) A person's interest in a disregarded entity, whether held	135504
directly or indirectly, shall be treated as the person's ownership	135505
of the assets and liabilities of the disregarded entity, and the	135506
income, including gain or loss, shall be included in the person's	135507
net income under this chapter.	135508

(2) Any sale, exchange, or other disposition of the person's	135509
interest in the disregarded entity, whether held directly or	135510
indirectly, shall be treated as a sale, exchange, or other	135511
disposition of the person's share of the disregarded entity's	135512
underlying assets or liabilities, and the gain or loss from such	135513
sale, exchange, or disposition shall be included in the person's	135514
net income under this chapter.	135515

(3) The disregarded entity's payroll, property, and sales	135516
factors shall be included in the person's factors.	135517

(G) The tax a corporation is required to pay under this	135518
chapter shall be as follows:	135519

(1)(a) For financial institutions, the greater of the minimum	135520
payment required under division (E) of section 5733.06 of the	135521
Revised Code or the difference between all taxes charged the	135522
financial institution under this chapter, without regard to	135523
division (G)(2) of this section, less any credits allowable	135524
against such tax.	135525

(b) A corporation satisfying the description in division	135526
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	135527
Code, as that section existed before its amendment by H.B. 510 of	135528
the 129th general assembly, that is not a financial institution,	135529
insurance company, or dealer in intangibles is subject to the	135530
taxes imposed under this chapter as a corporation and not subject	135531
to tax as a financial institution, and shall pay the greater of	135532
the minimum payment required under division (E) of section 5733.06	135533
of the Revised Code or the difference between all the taxes	135534
charged under this chapter, without regard to division (G)(2) of	135535
this section, less any credits allowable against such tax.	135536

(2) For all corporations other than those persons described	135537
in division (G)(1)(a) or (b) of this section, the amount under	135538
division (G)(2)(a) of this section applicable to the tax year	135539
specified less the amount under division (G)(2)(b) of this	135540
section:	135541

(a)(i) For tax year 2005, the greater of the minimum payment	135542
required under division (E) of section 5733.06 of the Revised Code	135543
or the difference between all taxes charged the corporation under	135544
this chapter and any credits allowable against such tax;	135545

(ii) For tax year 2006, the greater of the minimum payment	135546
required under division (E) of section 5733.06 of the Revised Code	135547
or four-fifths of the difference between all taxes charged the	135548
corporation under this chapter and any credits allowable against	135549
such tax, except the qualifying pass-through entity tax credit	135550
described in division (A)(30) and the refundable credits described	135551
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135552
Code;	135553

(iii) For tax year 2007, the greater of the minimum payment	135554
required under division (E) of section 5733.06 of the Revised Code	135555
or three-fifths of the difference between all taxes charged the	135556
corporation under this chapter and any credits allowable against	135557
such tax, except the qualifying pass-through entity tax credit	135558
described in division (A)(30) and the refundable credits described	135559
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135560
Code;	135561

(iv) For tax year 2008, the greater of the minimum payment	135562
required under division (E) of section 5733.06 of the Revised Code	135563
or two-fifths of the difference between all taxes charged the	135564
corporation under this chapter and any credits allowable against	135565
such tax, except the qualifying pass-through entity tax credit	135566
described in division (A)(30) and the refundable credits described	135567
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135568
Code;	135569

(v) For tax year 2009, the greater of the minimum payment	135570
required under division (E) of section 5733.06 of the Revised Code	135571
or one-fifth of the difference between all taxes charged the	135572
corporation under this chapter and any credits allowable against	135573
such tax, except the qualifying pass-through entity tax credit	135574
described in division (A)(30) and the refundable credits described	135575
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	135576
the Revised Code;	135577

(vi) For tax year 2010 and each tax year thereafter, no tax.

135578

(b) A corporation shall subtract from the amount calculated	135579
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	135580
any qualifying pass-through entity tax credit described in	135581
division (A)(30) and any refundable credits described in divisions	135582
(A)(31) to (35) of section 5733.98 of the Revised Code to which	135583
the corporation is entitled. Any unused qualifying pass-through	135584
entity tax credit is not refundable.	135585

(c) For the purposes of computing the amount of a credit that	135586
may be carried forward to a subsequent tax year under division	135587
(G)(2) of this section, a credit is utilized against the tax for a	135588
tax year to the extent the credit applies against the tax for that	135589
tax year, even if the difference is then multiplied by the	135590
applicable fraction under division (G)(2)(a) of this section.	135591

(d) References in division (G)(2) of this section to section	135592
5733.98 of the Revised Code is to that section before its	135593
amendment by H.B. 59 of the 130th general assembly.	135594

(3) Nothing in division (G) of this section eliminates or	135595
reduces the tax imposed by section 5733.41 of the Revised Code on	135596
a qualifying pass-through entity.	135597

Sec. 5733.06. For tax years prior to tax year 2014, the tax	135598
hereby charged each corporation subject to this chapter shall be	135599
the greater of the sum of divisions (A) and (B) of this section,	135600
after the reduction, if any, provided by division (J) of this	135601
section, or division (C) of this section, after the reduction, if	135602
any, provided by division (J) of this section, except that the tax	135603
hereby charged each financial institution subject to this chapter	135604
shall be the amount computed under division (D) of this section:	135605

(A) Except as set forth in division (F) of this section, five	135606
and one-tenth per cent upon the first fifty thousand dollars of	135607
the value of the taxpayer's issued and outstanding shares of stock	135608
as determined under division (B) of section 5733.05 of the Revised	135609
Code;	135610

(B) Except as set forth in division (F) of this section,	135611
eight and one-half per cent upon the value so determined in excess	135612
of fifty thousand dollars; or	135613

(C)(1) Except as otherwise provided under division (G) of	135614
this section, four mills times that portion of the value of the	135615
issued and outstanding shares of stock as determined under	135616
division (C) of section 5733.05 of the Revised Code. For the	135617
purposes of division (C) of this section, division (C)(2) of	135618
section 5733.065, and division (C) of section 5733.066 of the	135619
Revised Code, the value of the issued and outstanding shares of	135620
stock of an eligible corporation for tax year 2003 through tax	135621
year 2007, or of a qualifying holding company, is zero.	135622

(2) As used in division (C) of this section, "eligible	135623
corporation" means a person treated as a corporation for federal	135624
income tax purposes that meets all of the following criteria:	135625

(a) The corporation conducts business for an entire taxable	135626
year as a qualified trade or business as defined by division (C)	135627
of section 122.15 of the Revised Code, as that section existed	135628
before its repeal by H.B. 59 of the 130th general assembly.	135629

(b) The corporation uses more than fifty per cent of the	135630
corporation's assets, based on net book value, that are located in	135631
Ohio solely to conduct activities that constitute a qualified	135632
trade or business as defined by section 122.15 of the Revised	135633
Code, as that section existed before its repeal by H.B. 59 of the	135634
130th general assembly.	135635

(c) The corporation has been formed or organized not more	135636
than three years before the report required to be filed by section	135637
5733.02 of the Revised Code is due, without regard to any	135638
extensions.	135639

(d) The corporation is not a related member, as defined in	135640
section 5733.042 of the Revised Code, at any time during the	135641
taxable year with respect to another person treated as a	135642
corporation for federal income tax purposes. A corporation is not	135643
a related member if during the entire taxable year at least	135644
seventy-five per cent of the corporation's stock is owned directly	135645
or through a pass-through entity by individuals, estates, and	135646
grantor trusts, and the individuals, estates, and grantor trusts	135647
do not directly or indirectly own more than twenty per cent of the	135648
value of another person treated as a corporation for federal	135649
income tax purposes that is conducting a qualified trade or	135650
business.	135651

(D) The tax charged each financial institution subject to	135652
this chapter shall be that portion of the value of the issued and	135653
outstanding shares of stock as determined under division (A) of	135654
section 5733.05 of the Revised Code, multiplied by the following	135655
amounts:	135656

(1) For tax years prior to the 1999 tax year, fifteen mills;

135657

(2) For the 1999 tax year, fourteen mills;

135658

(3) For tax year 2000 and thereafter, thirteen mills.

135659

(E) No tax shall be charged from any corporation that has	135660
been adjudicated bankrupt, or for which a receiver has been	135661
appointed, or that has made a general assignment for the benefit	135662
of creditors, except for the portion of the then current tax year	135663
during which the tax commissioner finds such corporation had the	135664
power to exercise its corporate franchise unimpaired by such	135665
proceedings or act. The minimum payment for each corporation shall	135666
be as follows:	135667

(1) One thousand dollars in the case of a corporation having	135668
gross receipts for the taxable year equal to at least five million	135669
dollars from activities within or outside this state or in the	135670
case of a corporation employing at least three hundred employees	135671
at some time during the taxable year within or outside this state;	135672

(2) Fifty dollars in the case of any other corporation.

135673

The tax charged to corporations under this chapter for the	135674
privilege of engaging in business in this state, which is an	135675
excise tax levied on the value of the issued and outstanding	135676
shares of stock, shall in no manner be construed as prohibiting or	135677
otherwise limiting the powers of municipal corporations, joint	135678
economic development zones created under section 715.691 of the	135679
Revised Code, and joint economic development districts created	135680
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	135681
Revised Code in this state to impose an income tax on the income	135682
of such corporations.	135683

(F) If two or more taxpayers satisfy the ownership or control	135684
requirements of division (A) of section 5733.052 of the Revised	135685
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	135686
amount" for "fifty thousand dollars" in divisions (A) and (B) of	135687
this section. For purposes of this division, "the taxpayer's	135688
pro-rata amount" is an amount that, when added to the other such	135689
taxpayers' pro-rata amounts, does not exceed fifty thousand	135690
dollars. For the purpose of making that computation, the	135691
taxpayer's pro-rata amount shall not be less than zero. Nothing in	135692
this division derogates from or eliminates the requirement to make	135693
the alternative computation of tax under division (C) of this	135694
section.	135695

(G) The tax liability of any corporation under division (C)	135696
of this section shall not exceed one hundred fifty thousand	135697
dollars.	135698

(H)(1) For the purposes of division (H) of this section,	135699
"exiting corporation" means a corporation that satisfies all of	135700
the following conditions:	135701

(a) The corporation had nexus with or in this state under the	135702
Constitution of the United States during any portion of a calendar	135703
year;	135704

(b) The corporation was not a corporation described in	135705
division (A) of section 5733.01 of the Revised Code on the first	135706
day of January immediately following that calendar year;	135707

(c) The corporation was not a financial institution on the	135708
first day of January immediately following that calendar year;	135709

(d) If the corporation was a transferor as defined in section	135710
5733.053 of the Revised Code, the corporation's transferee was not	135711
required to add to the transferee's net income the income of the	135712
transferor pursuant to division (B) of that section;	135713

(e) During any portion of that calendar year, or any portion	135714
of the immediately preceding calendar year, the corporation had	135715
net income that was not included in a report filed by the	135716
corporation or its transferee pursuant to section 5733.02,	135717
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	135718

(f) The corporation would have been subject to the tax	135719
computed under divisions (A), (B), (C), (F), and (G) of this	135720
section if the corporation is assumed to be a corporation	135721
described in division (A) of section 5733.01 of the Revised Code	135722
on the first day of January immediately following the calendar	135723
year to which division (H)(1)(a) of this section refers.	135724

(2) For the purposes of division (H) of this section,	135725
"unreported net income" means net income that was not previously	135726
included in a report filed pursuant to section 5733.02, 5733.021,	135727
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	135728
realized or recognized during the calendar year to which division	135729
(H)(1) of this section refers or the immediately preceding	135730
calendar year.	135731

(3) Each exiting corporation shall pay a tax computed by	135732
first allocating and apportioning the unreported net income	135733
pursuant to division (B) of section 5733.05 and section 5733.051	135734
and, if applicable, section 5733.052 of the Revised Code. The	135735
exiting corporation then shall compute the tax due on its	135736
unreported net income allocated and apportioned to this state by	135737
applying divisions (A), (B), and (F) of this section to that	135738
income.	135739

(4) Divisions (C) and (G) of this section, division (D)(2) of	135740
section 5733.065, and division (C) of section 5733.066 of the	135741
Revised Code do not apply to an exiting corporation, but exiting	135742
corporations are subject to every other provision of this chapter.	135743

(5) Notwithstanding division (B) of section 5733.01 or	135744
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	135745
contrary, each exiting corporation shall report and pay the tax	135746
due under division (H) of this section on or before the	135747
thirty-first day of May immediately following the calendar year to	135748
which division (H)(1)(a) of this section refers. The exiting	135749
corporation shall file that report on the form most recently	135750
prescribed by the tax commissioner for the purposes of complying	135751
with sections 5733.02 and 5733.03 of the Revised Code. Upon	135752
request by the corporation, the tax commissioner may extend the	135753
date for filing the report.	135754

(6) If, on account of the application of section 5733.053 of	135755
the Revised Code, net income is subject to the tax imposed by	135756
divisions (A) and (B) of this section, such income shall not be	135757
subject to the tax imposed by division (H)(3) of this section.	135758

(7) The amendments made to division (H) of this section by	135759
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	135760
any transfer, as defined in section 5733.053 of the Revised Code,	135761
for which negotiations began prior to January 1, 2001, and that	135762
was commenced in and completed during calendar year 2001, unless	135763
the taxpayer makes an election prior to December 31, 2001, to	135764
apply those amendments.	135765

(8) The tax commissioner may adopt rules governing division	135766
(H) of this section.	135767

(I) Any reference in the Revised Code to "the tax imposed by	135768
section 5733.06 of the Revised Code" or "the tax due under section	135769
5733.06 of the Revised Code" includes the taxes imposed under	135770
sections 5733.065 and 5733.066 of the Revised Code.	135771

(J)(1) Division (J) of this section applies solely to a	135772
combined company. Section 5733.057 of the Revised Code shall apply	135773
when calculating the adjustments required by division (J) of this	135774
section.	135775

(2) Subject to division (J)(4) of this section, the total tax	135776
calculated in divisions (A) and (B) of this section shall be	135777
reduced by an amount calculated by multiplying such tax by a	135778
fraction, the numerator of which is the total taxable gross	135779
receipts attributed to providing public utility activity other	135780
than as an electric company under section 5727.03 of the Revised	135781
Code for the year upon which the taxable gross receipts are	135782
measured immediately preceding the tax year, and the denominator	135783
of which is the total gross receipts from all sources for the year	135784
upon which the taxable gross receipts are measured immediately	135785
preceding the tax year. Nothing herein shall be construed to	135786
exclude from the denominator any item of income described in	135787
section 5733.051 of the Revised Code.	135788

(3) Subject to division (J)(4) of this section, the total tax	135789
calculated in division (C) of this section shall be reduced by an	135790
amount calculated by multiplying such tax by the fraction	135791
described in division (J)(2) of this section.	135792

(4) In no event shall the reduction provided by division	135793
(J)(2) or (J)(3) of this section exceed the amount of the excise	135794
tax paid in accordance with section 5727.38 of the Revised Code,	135795
for the year upon which the taxable gross receipts are measured	135796
immediately preceding the tax year.	135797

Sec. 5733.11. (A) If any corporation required to file a	135798
report under this chapter fails to file the report within the time	135799
prescribed, files an incorrect report, or fails to remit the full	135800
amount of the tax due for the period covered by the report, the	135801
tax commissioner may make an assessment against the corporation	135802
for any deficiency for the period for which the report or tax is	135803
due, based upon any information in the commissioner's possession.	135804

No assessment shall be made or issued against a corporation	135805
more than three years after the later of the final date the report	135806
subject to assessment was required to be filed or the date the	135807
report was filed. Such time limit may be extended if both the	135808
corporation and the commissioner consent in writing to the	135809
extension or if an agreement waiving or extending the time limit	135810
has been entered into pursuant to section 122.171 of the Revised	135811
Code. Any such extension shall extend the three-year time limit in	135812
division (B) of section 5733.12 of the Revised Code for the same	135813
period of time. There shall be no bar or limit to an assessment	135814
against a corporation that fails to file a report subject to	135815
assessment as required by this chapter, or that files a fraudulent	135816
report.	135817

The commissioner shall give the corporation assessed written	135818
notice of the assessment in the manner provided in section 5703.37	135819
of the Revised Code. With the notice, the commissioner shall	135820
provide instructions on how to petition for reassessment and	135821
request a hearing on the petition.	135822

(B) Unless the corporation assessed files with the tax	135823
commissioner within sixty days after service of the notice of	135824
assessment, either personally or by certified mail, a written	135825
petition for reassessment, signed by the ~~corporations~~	135826
corporation's authorized agent having knowledge of the facts,, the	135827
assessment becomes final, and the amount of the assessment is due	135828
and payable from the corporation assessed to the treasurer of	135829
state. The petition shall indicate the corporation's objections,	135830
but additional objections may be raised in writing if received by	135831
the commissioner prior to the date shown on the final	135832
determination. If the petition has been properly filed, the	135833
commissioner shall proceed under section 5703.60 of the Revised	135834
Code.	135835

(C) After an assessment becomes final, if any portion of the	135836
assessment remains unpaid, including accrued interest, a certified	135837
copy of the tax commissioner's entry making the assessment final	135838
may be filed in the office of the clerk of the court of common	135839
pleas in the county in which the corporation has an office or	135840
place of business in this state, the county in which the	135841
corporation's statutory agent is located, or Franklin county.	135842

Immediately upon the filing of the entry, the clerk shall	135843
enter a judgment against the corporation assessed in the amount	135844
shown on the entry. The judgment may be filed by the clerk in a	135845
loose-leaf book entitled "special judgments for state corporate	135846
franchise and litter taxes," and shall have the same effect as	135847
other judgments. Execution shall issue upon the judgment upon the	135848
request of the tax commissioner, and all laws applicable to sales	135849
on execution shall apply to sales made under the judgment.	135850

~~The portion of an~~If the assessment is not paid within sixty	135851
days after the day the assessment was issued, the portion of the	135852
assessment consisting of tax due shall bear interest at the rate	135853
per annum prescribed by section 5703.47 of the Revised Code from	135854
the day the tax commissioner issues the assessment until the	135855
assessment is paid or until it is certified to the attorney	135856
general for collection under section 131.02 of the Revised Code,	135857
whichever comes first. If the unpaid portion of the assessment is	135858
certified to the attorney general for collection, the entire	135859
unpaid portion of the assessment shall bear interest at the rate	135860
per annum prescribed by section 5703.47 of the Revised Code from	135861
the date of certification until the date it is paid in its	135862
entirety. Interest shall be paid in the same manner as the tax and	135863
may be collected by issuing an assessment under this section.	135864

(D) All money collected under this section shall be	135865
considered as revenue arising from the taxes imposed by this	135866
chapter.	135867

(E) The portion of an assessment that must be paid upon the	135868
filing of a petition for reassessment shall be as follows:	135869

(1) If the sole item objected to is the assessed penalty or	135870
interest, payment of the assessment, including interest but not	135871
penalty, is required;	135872

(2) If the corporation assessed failed to file, prior to the	135873
date of issuance of the assessment, the annual report required by	135874
section 5733.02 of the Revised Code, any amended report required	135875
by division (C) of section 5733.031 of the Revised Code for the	135876
tax year at issue, or any amended report required by division (D)	135877
of section 5733.067 of the Revised Code to indicate a reduction in	135878
the amount of the credit provided under that section, payment of	135879
the assessment, including interest but not penalty, is required;	135880

(3) If the corporation assessed filed, prior to the date of	135881
issuance of the assessment, the annual report required by section	135882
5733.02 of the Revised Code, all amended reports required by	135883
division (C) of section 5733.031 of the Revised Code for the tax	135884
year at issue, and all amended reports required by division (D) of	135885
section 5733.067 of the Revised Code to indicate a reduction in	135886
the amount of the credit provided under that section, and a	135887
balance of the taxes shown due on the reports as computed on the	135888
reports remains unpaid, payment of only that portion of the	135889
assessment representing the unpaid balance of tax and interest is	135890
required;	135891

(4) If the corporation assessed does not dispute that it is a	135892
taxpayer but claims the protections of section 101 of Public Law	135893
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	135894
that portion of the assessment representing any balance of taxes	135895
shown due on the corporation's annual report required by section	135896
5733.02 of the Revised Code, as computed on the report, that	135897
remains unpaid, and that represents taxes imposed by division (C)	135898
of section 5733.06, division (C)(2) of section 5733.065, and	135899
division (C) of section 5733.066 of the Revised Code, together	135900
with all related interest, is required;	135901

(5) If none of the conditions specified in divisions (E)(1)	135902
to (4) of this section apply, or if the corporation assessed	135903
disputes that it is a taxpayer, no payment is required.	135904

(F) Notwithstanding the fact that a petition for reassessment	135905
is pending, the corporation may pay all or a portion of the	135906
assessment that is the subject of the petition. The acceptance of	135907
a payment by the treasurer of state does not prejudice any claim	135908
for refund upon final determination of the petition.	135909

If upon final determination of the petition an error in the	135910
assessment is corrected by the tax commissioner, upon petition so	135911
filed or pursuant to a decision of the board of tax appeals or any	135912
court to which the determination or decision has been appealed, so	135913
that the amount due from the corporation under the corrected	135914
assessment is less than the portion paid, there shall be issued to	135915
the corporation, its assigns, or legal representative a refund in	135916
the amount of the overpayment as provided by section 5733.12 of	135917
the Revised Code, with interest on that amount as provided by	135918
section 5733.26 of the Revised Code, subject to section 5733.121	135919
of the Revised Code.	135920

Sec. 5733.55. (A) As used in this section:

135921

(1) "9-1-1 system" has the same meaning as in section ~~5507.01~~	135922
128.01 of the Revised Code.	135923

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	135924
approved by the public utilities commission for the telephone	135925
network portion of a 9-1-1 system pursuant to section ~~5507.18~~	135926
128.18 of the Revised Code.	135927

(3) "Eligible nonrecurring 9-1-1 charges" means all	135928
nonrecurring 9-1-1 charges for a 9-1-1 system except both of the	135929
following:	135930

(a) Charges for a system that was not established pursuant to	135931
a plan adopted under section ~~5507.08~~128.08 of the Revised Code or	135932
an agreement under section ~~5507.09~~128.09 of the Revised Code;	135933

(b) Charges for that part of a system established pursuant to	135934
such a plan or agreement that are excluded from the credit by	135935
division (C)(2) of section ~~5507.18~~128.18 of the Revised Code.	135936

(4) "Telephone company" has the same meaning as in section	135937
5727.01 of the Revised Code.	135938

(B) Beginning in tax year 2005, a telephone company shall be	135939
allowed a nonrefundable credit against the tax imposed by section	135940
5733.06 of the Revised Code equal to the amount of its eligible	135941
nonrecurring 9-1-1 charges. The credit shall be claimed for the	135942
company's taxable year that covers the period in which the 9-1-1	135943
service for which the credit is claimed becomes available for use.	135944
The credit shall be claimed in the order required by section	135945
5733.98 of the Revised Code. If the credit exceeds the total taxes	135946
due under section 5733.06 of the Revised Code for the tax year,	135947
the tax commissioner shall credit the excess against taxes due	135948
under that section for succeeding tax years until the full amount	135949
of the credit is granted.	135950

(C) After the last day a return, with any extensions, may be	135951
filed by any telephone company that is eligible to claim a credit	135952
under this section, the commissioner shall determine whether the	135953
sum of the credits allowed for prior tax years commencing with tax	135954
year 2005 plus the sum of the credits claimed for the current tax	135955
year exceeds fifteen million dollars. If it does, the credits	135956
allowed under this section for the current tax year shall be	135957
reduced by a uniform percentage such that the sum of the credits	135958
allowed for the current tax year do not exceed fifteen million	135959
dollars claimed by all telephone companies for all tax years.	135960
Thereafter, no credit shall be granted under this section, except	135961
for the remaining portions of any credits allowed under division	135962
(B) of this section.	135963

(D) A telephone company that is entitled to carry forward a	135964
credit against its public utility excise tax liability under	135965
section 5727.39 of the Revised Code is entitled to carry forward	135966
any amount of that credit remaining after its last public utility	135967
excise tax payment for the period of July 1, 2003, through June	135968
30, 2004, and claim that amount as a credit against its	135969
corporation franchise tax liability under this section. Nothing in	135970
this section authorizes a telephone company to claim a credit	135971
under this section for any eligible nonrecurring 9-1-1 charges for	135972
which it has already claimed a credit under this section or	135973
section 5727.39 of the Revised Code.	135974

Sec. 5733.58. (A) Terms used in this section have the same	135975
meaning as in section 5725.33 of the Revised Code.	135976

(B) There is hereby allowed a nonrefundable credit against	135977
the tax imposed by section 5733.06 of the Revised Code for a	135978
financial institution holding a qualified equity investment on the	135979
credit allowance date occurring in the calendar year immediately	135980
preceding the tax year for which the tax is due. The credit shall	135981
be computed in the same manner prescribed for the computation of	135982
credits allowed under section 5725.33 of the Revised Code.	135983

By claiming a tax credit under this section, a financial	135984
institution waives its rights under section 5733.11 of the Revised	135985
Code with respect to the time limitation for the assessment of	135986
taxes as it relates to credits claimed that later become subject	135987
to recapture under division (D) of this section.	135988

The credit shall be claimed in the order prescribed by	135989
section 5733.98 of the Revised Code. If the amount of the credit	135990
exceeds the amount of tax otherwise due after deducting all other	135991
credits in that order, the excess may be carried forward and	135992
applied to the tax due for not more than four ensuing tax years.	135993

(C) The total amount of qualified equity investments on the	135994
basis of which credits may be claimed under this section and	135995
sections 5725.33 and 5729.16 of the Revised Code is subject to the	135996
limitation of division (C) of section 5725.33 of the Revised Code.	135997

(D) If any amount of ~~the~~a federal tax credit allowed for a	135998
qualified equity investment for which a credit was received under	135999
this section is recaptured under section 45D of the Internal	136000
Revenue Code, or if the director of development services	136001
determines that an investment for which a tax credit is claimed	136002
under this section is not a qualified equity investment or that	136003
the proceeds of an investment for which a tax credit is claimed	136004
under this section are used to make qualified low-income community	136005
investments other than in a qualified active low-income community	136006
business, all or a portion of the credit received on account of	136007
that investment shall be paid by the financial institution that	136008
received the credit to the tax commissioner. The amount to be	136009
recovered shall be determined by the director of development	136010
services pursuant to rules adopted under section 5725.33 of the	136011
Revised Code. The director shall certify any amount due under this	136012
division to the tax commissioner, and the commissioner shall	136013
notify the financial institution of the amount due. The amount due	136014
is payable not later than thirty days after the day the	136015
commissioner issues the notice. The amount due shall be considered	136016
to be tax due under section 5733.06 of the Revised Code, and may	136017
be collected by assessment without regard to the limitations	136018
imposed under section 5733.11 of the Revised Code for the	136019
assessment of taxes by the commissioner. All amounts collected	136020
under this division shall be credited as revenue from the tax	136021
levied under section 5733.06 of the Revised Code.	136022

Sec. 5733.98. (A) To provide a uniform procedure for	136023
calculating the amount of tax imposed by section 5733.06 of the	136024
Revised Code that is due under this chapter, a taxpayer shall	136025
claim any credits to which it is entitled in the following order,	136026
except as otherwise provided in section 5733.058 of the Revised	136027
Code:	136028

(1) For tax year 2005, the credit for taxes paid by a	136029
qualifying pass-through entity allowed under section 5733.0611 of	136030
the Revised Code;	136031

(2) The credit allowed for financial institutions under	136032
section 5733.45 of the Revised Code;	136033

(3) The credit for qualifying affiliated groups under section	136034
5733.068 of the Revised Code;	136035

(4) The subsidiary corporation credit under section 5733.067	136036
of the Revised Code;	136037

(5) The savings and loan assessment credit under section	136038
5733.063 of the Revised Code;	136039

(6) The credit for recycling and litter prevention donations	136040
under section 5733.064 of the Revised Code;	136041

(7) The credit for employers that enter into agreements with	136042
child day-care centers under section 5733.36 of the Revised Code;	136043

(8) The credit for employers that reimburse employee child	136044
care expenses under section 5733.38 of the Revised Code;	136045

(9) The credit for maintaining railroad active grade crossing	136046
warning devices under section 5733.43 of the Revised Code;	136047

(10) The credit for purchases of lights and reflectors under	136048
section 5733.44 of the Revised Code;	136049

(11) The nonrefundable job retention credit under division	136050
(B) of section 5733.0610 of the Revised Code;	136051

(12) The credit for tax years 2008 and 2009 for selling	136052
alternative fuel under section 5733.48 of the Revised Code;	136053

(13) The second credit for purchases of new manufacturing	136054
machinery and equipment under section 5733.33 of the Revised Code;	136055

(14) The job training credit under section 5733.42 of the	136056
Revised Code;	136057

(15) The credit for qualified research expenses under section	136058
5733.351 of the Revised Code;	136059

(16) The enterprise zone credit under section 5709.66 of the	136060
Revised Code;	136061

(17) The credit for the eligible costs associated with a	136062
voluntary action under section 5733.34 of the Revised Code;	136063

(18) The credit for employers that establish on-site child	136064
day-care centers under section 5733.37 of the Revised Code;	136065

(19) The ethanol plant investment credit under section	136066
5733.46 of the Revised Code;	136067

(20) The credit for purchases of qualifying grape production	136068
property under section 5733.32 of the Revised Code;	136069

(21) The export sales credit under section 5733.069 of the	136070
Revised Code;	136071

(22) ~~The credit for research and development and technology~~	136072
~~transfer investors under section 5733.35 of the Revised Code;~~	136073

~~(23)~~ The enterprise zone credits under section 5709.65 of the	136074
Revised Code;	136075

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	136076
of the Revised Code;	136077

~~(25)~~(24) The credit for purchases of qualified low-income	136078
community investments under section 5733.58 of the Revised Code;	136079

~~(26)~~(25) The credit for small telephone companies under	136080
section 5733.57 of the Revised Code;	136081

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	136082
under section 5733.55 of the Revised Code;	136083

~~(28)~~(27) For tax year 2005, the credit for providing programs	136084
to aid the communicatively impaired under division (A) of section	136085
5733.56 of the Revised Code;	136086

~~(29)~~(28) The research and development credit under section	136087
5733.352 of the Revised Code;	136088

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	136089
credit for taxes paid by a qualifying pass-through entity allowed	136090
under section 5733.0611 of the Revised Code;	136091

~~(31)~~(30) The refundable credit for rehabilitating a historic	136092
building under section 5733.47 of the Revised Code;	136093

~~(32)~~(31) The refundable jobs creation credit or job retention	136094
credit under division (A) of section 5733.0610 of the Revised	136095
Code;	136096

~~(33)~~(32) The refundable credit for tax withheld under	136097
division (B)(2) of section 5747.062 of the Revised Code;	136098

~~(34)~~(33) The refundable credit under section 5733.49 of the	136099
Revised Code for losses on loans made to the Ohio venture capital	136100
program under sections 150.01 to 150.10 of the Revised Code;	136101

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	136102
credit allowable under division (B) of section 5733.56 of the	136103
Revised Code;	136104

~~(36)~~(35) The refundable motion picture production credit	136105
under section 5733.59 of the Revised Code.	136106

(B) For any credit except the refundable credits enumerated	136107
in this section, the amount of the credit for a tax year shall not	136108
exceed the tax due after allowing for any other credit that	136109
precedes it in the order required under this section. Any excess	136110
amount of a particular credit may be carried forward if authorized	136111
under the section creating that credit.	136112

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	136113
other than liquid natural gas, amounts of motor fuel reported	136114
under this chapter shall be measured in gross gallons, except that	136115
amounts reported for terminal to terminal transactions shall be	136116
measured in net gallons and amounts reported for terminal to Ohio	136117
licensed dealer transactions shall be measured in both net gallons	136118
and gross gallons. Amounts of liquid natural gas shall be measured	136119
in gallon equivalents as described in section 5735.013 of the	136120
Revised Code.	136121

Sec. 5735.013. For the purposes of this chapter, if the	136122
national conference on weights and measures has adopted a diesel	136123
gallon equivalent standard for liquid natural gas, that standard	136124
shall be the equivalent of one gallon of motor fuel. If the	136125
national conference on weights and measures has not adopted such a	136126
standard, six and six one-hundredths pounds of liquid natural gas	136127
shall be the equivalent of one gallon of motor fuel.	136128

Sec. 5735.12. (A) Any motor fuel dealer required by this	136129
chapter to file reports and pay the tax levied by this chapter who	136130
fails to file the report within the time prescribed, may be liable	136131
for an additional charge not exceeding the greater of ten per cent	136132
of the motor fuel dealer's tax liability for that month or fifty	136133
dollars. The tax commissioner may remit all or a portion of the	136134
additional charge and may adopt rules relating to the remission of	136135
all or a portion of the charge.	136136

If any person required by this chapter to file reports and	136137
pay the taxes, interest, or additional charge levied by this	136138
chapter fails to file the report, files an incomplete or incorrect	136139
report, or fails to remit the full amount of the tax, interest, or	136140
additional charge due for the period covered by the report, the	136141
commissioner may make an assessment against the person based upon	136142
any information in the commissioner's possession.	136143

No assessment shall be made against any motor fuel dealer for	136144
taxes imposed by this chapter more than four years after the date	136145
on which the report on which the assessment was based was due or	136146
was filed, whichever is later. This section does not bar an	136147
assessment against any motor fuel dealer who fails to file a	136148
report required by section 5735.06 of the Revised Code, or who	136149
files a fraudulent motor fuel tax report.	136150

A penalty of up to fifteen per cent may be added to the	136151
amount of every assessment made under this section. The	136152
commissioner may adopt rules providing for the imposition and	136153
remission of penalties added to assessments made under this	136154
section.	136155

The commissioner shall give the party assessed written notice	136156
of the assessment in the manner provided in section 5703.37 of the	136157
Revised Code. With the notice, the commissioner shall provide	136158
instructions on how to petition for reassessment and request a	136159
hearing on the petition.	136160

(B) Unless the party assessed files with the tax commissioner	136161
within sixty days after service of the notice of assessment,	136162
either personally or by certified mail, a written petition for	136163
reassessment in writing, signed by the party assessed or that	136164
party's authorized agent having knowledge of the facts, the	136165
assessment becomes final and the amount of the assessment is due	136166
and payable from the party assessed to the treasurer of state. The	136167
petition shall indicate the objections of the party assessed, but	136168
additional objections may be raised in writing if received by the	136169
commissioner prior to the date shown on the final determination.	136170
If the petition has been properly filed, the commissioner shall	136171
proceed under section 5703.60 of the Revised Code.	136172

(C) After an assessment becomes final, if any portion of the	136173
assessment remains unpaid, including accrued interest, a certified	136174
copy of the tax commissioner's entry making the assessment final	136175
may be filed in the office of the clerk of the court of common	136176
pleas in the county in which the party assessed resides or in	136177
which the business of the party assessed is conducted. If the	136178
party assessed maintains no place of business in this state and is	136179
not a resident of this state, the certified copy of the entry may	136180
be filed in the office of the clerk of the court of common pleas	136181
of Franklin county.	136182

Immediately upon the filing of the entry, the clerk shall	136183
enter a judgment for the state against the party assessed in the	136184
amount shown on the entry. The judgment may be filed by the clerk	136185
in a loose-leaf book entitled "special judgments for state motor	136186
fuel tax," and shall have the same effect as other judgments.	136187
Execution shall issue upon the judgment upon the request of the	136188
tax commissioner, and all laws applicable to sales on execution	136189
shall apply to sales made under the judgment.	136190

~~The portion of~~If the assessment is not paid in its entirety	136191
within sixty days after the day the assessment was issued, the	136192
portion of the assessment consisting of tax due shall bear	136193
interest at the rate per annum prescribed by section 5703.47 of	136194
the Revised Code from the day the commissioner issues the	136195
assessment until it is paid or until it is certified to the	136196
attorney general for collection under section 131.02 of the	136197
Revised Code, whichever comes first. If the unpaid portion of the	136198
assessment is certified to the attorney general for collection,	136199
the entire unpaid portion of the assessment shall bear interest at	136200
the rate per annum prescribed by section 5703.47 of the Revised	136201
Code from the date of certification until the date it is paid in	136202
its entirety. Interest shall be paid in the same manner as the tax	136203
and may be collected by the issuance of an assessment under this	136204
section.	136205

(D) All money collected by the tax commissioner under this	136206
section shall be paid to the treasurer of state, and when paid	136207
shall be considered as revenue arising from the tax imposed by	136208
this chapter.	136209

(E) If the tax commissioner determines that the commissioner	136210
has erroneously refunded motor fuel tax to any person, the	136211
commissioner may make an assessment against the person for	136212
recovery of the erroneously refunded tax.	136213

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	136214
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	136215
the Revised Code has been paid, for the purpose of operating a	136216
transit bus shall be reimbursed in the amount of such tax paid on	136217
motor fuel used by public transportation systems providing transit	136218
or paratransit service on a regular and continuing basis within	136219
the state;	136220

(2) A city, exempted village, joint vocational, or local	136221
school district or educational service center that purchases any	136222
motor fuel for school district or service center operations, on	136223
which any tax imposed by ~~section~~sections 5735.25 and 5735.29 of	136224
the Revised Code ~~that became effective on or after July 1, 2003,~~	136225
has been paid, may, if an application is filed under this section,	136226
be reimbursed in the amount of all ~~but two cents per gallon of the~~	136227
~~total~~such tax ~~imposed by such section and~~ paid ~~on motor fuel~~.	136228

(3) A county board of developmental disabilities that, on or	136229
after July 1, 2005, purchases any motor fuel for county board	136230
operations, on which any tax imposed by section 5735.29 of the	136231
Revised Code has been paid may, if an application is filed under	136232
this section, be reimbursed in the amount of all but two cents per	136233
gallon of the total tax imposed by such section and paid on motor	136234
fuel purchased on or after July 1, 2005.	136235

(B) Such person, school district, educational service center,	136236
or county board shall file with the tax commissioner an	136237
application for refund within one year from the date of purchase,	136238
stating the quantity of fuel used for operating transit buses used	136239
by local transit systems in furnishing scheduled common carrier,	136240
public passenger land transportation service along regular routes	136241
primarily in one or more municipal corporations or for operating	136242
vehicles used for school district, service center, or county board	136243
operations. However, no claim shall be made for the tax on fewer	136244
than one hundred gallons of motor fuel. A school district,	136245
educational service center, or county board shall not apply for a	136246
refund for any tax paid on motor fuel that is sold by the	136247
district, service center, or county board. The application shall	136248
be accompanied by the statement described in section 5735.15 of	136249
the Revised Code showing the purchase, together with evidence of	136250
payment thereof.	136251

(C) After consideration of the application and statement, the	136252
commissioner shall determine the amount of refund to which the	136253
applicant is entitled. If the amount is not less than that	136254
claimed, the commissioner shall certify the amount to the director	136255
of budget and management and treasurer of state for payment from	136256
the tax refund fund created by section 5703.052 of the Revised	136257
Code. If the amount is less than that claimed, the commissioner	136258
shall proceed in accordance with section 5703.70 of the Revised	136259
Code.	136260

The commissioner may require that the application be	136261
supported by the affidavit of the claimant. No refund shall be	136262
authorized or ordered for any single claim for the tax on fewer	136263
than one hundred gallons of motor fuel. No refund shall be	136264
authorized or ordered on motor fuel that is sold by a school	136265
district, educational service center, or county board.	136266

(D) The refund authorized by this section or section 5703.70	136267
of the Revised Code shall be reduced by the cents per gallon	136268
amount of any qualified fuel credit received under section	136269
5735.145 of the Revised Code, as determined by the commissioner,	136270
for each gallon of qualified fuel included in the total gallonage	136271
of motor fuel upon which the refund is computed.	136272

(E) The right to receive any refund under this section or	136273
section 5703.70 of the Revised Code is not assignable. The payment	136274
of this refund shall not be made to any person or entity other	136275
than the person or entity originally entitled thereto who used the	136276
motor fuel upon which the claim for refund is based, except that	136277
the refund when allowed and certified, as provided in this	136278
section, may be paid to the executor, the administrator, the	136279
receiver, the trustee in bankruptcy, or the assignee in insolvency	136280
proceedings of the person.	136281

Sec. 5735.27. (A) There is hereby created in the state	136282
treasury the gasoline excise tax fund, which shall be distributed	136283
in the following manner:	136284

(1) The amount credited pursuant to divisions (B)(2)(a) and	136285
(C)(2)(a) of section 5735.23 of the Revised Code shall be	136286
distributed among municipal corporations. The amount paid to each	136287
municipal corporation shall be that proportion of the amount to be	136288
so distributed that the number of motor vehicles registered within	136289
the municipal corporation bears to the total number of motor	136290
vehicles registered within all the municipal corporations of this	136291
state during the preceding motor vehicle registration year. When a	136292
new village is incorporated, the registrar of motor vehicles shall	136293
determine from the applications on file in the bureau of motor	136294
vehicles the number of motor vehicles located within the territory	136295
comprising the village during the entire registration year in	136296
which the municipal corporation was incorporated. The registrar	136297
shall forthwith certify the number of motor vehicles so determined	136298
to the tax commissioner for use in distributing motor vehicle fuel	136299
tax funds to the village until the village is qualified to	136300
participate in the distribution of the funds pursuant to this	136301
division. The number of motor vehicle registrations shall be	136302
determined by the official records of the bureau of motor	136303
vehicles. The amount received by each municipal corporation shall	136304
be used to plan, construct, reconstruct, repave, widen, maintain,	136305
repair, clear, and clean public highways, roads, and streets; to	136306
maintain and repair bridges and viaducts; to purchase, erect, and	136307
maintain street and traffic signs and markers; to pay the costs	136308
apportioned to the municipal corporation under section 4907.47 of	136309
the Revised Code; to purchase, erect, and maintain traffic lights	136310
and signals; to pay the principal, interest, and charges on bonds	136311
and other obligations issued pursuant to Chapter 133. of the	136312
Revised Code or incurred pursuant to section 5531.09 of the	136313
Revised Code for the purpose of acquiring or constructing roads,	136314
highways, bridges, or viaducts or acquiring or making other	136315
highway improvements for which the municipal corporation may issue	136316
bonds; and to supplement revenue already available for these	136317
purposes.	136318

(2) The amount credited pursuant to division (B) of section	136319
5735.26 of the Revised Code shall be distributed among the	136320
municipal corporations within the state, in the proportion which	136321
the number of motor vehicles registered within each municipal	136322
corporation bears to the total number of motor vehicles registered	136323
within all the municipal corporations of the state during the	136324
preceding calendar year, as shown by the official records of the	136325
bureau of motor vehicles, and shall be expended by each municipal	136326
corporation to plan, construct, reconstruct, repave, widen,	136327
maintain, repair, clear, and clean public highways, roads, and	136328
streets; to maintain and repair bridges and viaducts; to purchase,	136329
erect, and maintain street and traffic signs and markers; to	136330
purchase, erect, and maintain traffic lights and signals; to pay	136331
costs apportioned to the municipal corporation under section	136332
4907.47 of the Revised Code; to pay the principal, interest, and	136333
charges on bonds and other obligations issued pursuant to Chapter	136334
133. of the Revised Code or incurred pursuant to section 5531.09	136335
of the Revised Code for the purpose of acquiring or constructing	136336
roads, highways, bridges, or viaducts or acquiring or making other	136337
highway improvements for which the municipal corporation may issue	136338
bonds; and to supplement revenue already available for these	136339
purposes.	136340

(3) The amount credited pursuant to divisions (B)(2)(b) and	136341
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	136342
equal proportions to the county treasurer of each county within	136343
the state and shall be used only for the purposes of planning,	136344
maintaining, and repairing the county system of public roads and	136345
highways within the county; the planning, construction, and repair	136346
of walks or paths along county roads in congested areas; the	136347
planning, construction, purchase, lease, and maintenance of	136348
suitable buildings for the housing and repair of county road	136349
machinery, housing of supplies, and housing of personnel	136350
associated with the machinery and supplies; the payment of costs	136351
apportioned to the county under section 4907.47 of the Revised	136352
Code; the payment of principal, interest, and charges on bonds and	136353
other obligations issued pursuant to Chapter 133. of the Revised	136354
Code or incurred pursuant to section 5531.09 of the Revised Code	136355
for the purpose of acquiring or constructing roads, highways,	136356
bridges, or viaducts or acquiring or making other highway	136357
improvements for which the board of county commissioners may issue	136358
bonds under that chapter; and the purchase, installation, and	136359
maintenance of traffic signal lights.	136360

(4) The amount credited pursuant to division (C) of section	136361
5735.26 of the Revised Code shall be paid in equal proportions to	136362
the county treasurer of each county for the purposes of planning,	136363
maintaining, constructing, widening, and reconstructing the county	136364
system of public roads and highways; paying principal, interest,	136365
and charges on bonds and other obligations issued pursuant to	136366
Chapter 133. of the Revised Code or incurred pursuant to section	136367
5531.09 of the Revised Code for the purpose of acquiring or	136368
constructing roads, highways, bridges, or viaducts or acquiring or	136369
making other highway improvements for which the board of county	136370
commissioners may issue bonds under that chapter; and paying costs	136371
apportioned to the county under section 4907.47 of the Revised	136372
Code.	136373

(5)(a) The amount credited pursuant to division (D) of	136374
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	136375
Revised Code shall be divided in equal proportions among the	136376
townships within the state.	136377

(b) As used in division (A)(5)(b) of this section, the	136378
"formula amount" for any township is the amount that would be	136379
allocated to that township if fifty per cent of the amount	136380
credited to townships pursuant to section 5735.291 of the Revised	136381
Code were allocated among townships in the state proportionate to	136382
the number of centerline miles within the boundaries of the	136383
respective townships, as determined annually by the department of	136384
transportation, and the other fifty per cent of the amount	136385
credited pursuant to section 5735.291 of the Revised Code were	136386
allocated among townships in the state proportionate to the number	136387
of motor vehicles registered within the respective townships, as	136388
determined annually by the records of the bureau of motor	136389
vehicles. The number of centerline miles within the boundaries of	136390
a township shall not include any centerline miles of township	136391
roads that have been placed on nonmaintained status by a board of	136392
township trustees pursuant to section 5571.20 of the Revised Code.	136393

Beginning on August 15, 2003, the tax levied by section	136394
5735.29 of the Revised Code shall be partially allocated to	136395
provide funding for townships. Each township shall receive the	136396
greater of the following two calculations:	136397

(i) The total statewide amount credited to townships under	136398
division (A) of section 5735.291 of the Revised Code divided by	136399
the number of townships in the state at the time of the	136400
calculation;	136401

(ii) Seventy per cent of the formula amount for that	136402
township.	136403

(c) The total difference between the amount of money credited	136404
to townships under division (A) of section 5735.291 of the Revised	136405
Code and the total amount of money required to make all the	136406
payments specified in division (A)(5)(b) of this section shall be	136407
deducted, in accordance with division (B) of section 5735.291 of	136408
the Revised Code, from the revenues resulting from the tax levied	136409
pursuant to section 5735.29 of the Revised Code prior to crediting	136410
portions of such revenues to counties, municipal corporations, and	136411
the highway operating fund.	136412

(d) All amounts credited pursuant to divisions (A)(5)(a) and	136413
(b) of this section shall be paid to the county treasurer of each	136414
county for the total amount payable to the townships within each	136415
of the counties. The county treasurer shall pay to each township	136416
within the county its proportional share of the funds, which shall	136417
be expended by each township only for the purposes of planning,	136418
constructing, maintaining, widening, and reconstructing the public	136419
roads and highways within the township, paying principal,	136420
interest, and charges on bonds and other obligations issued	136421
pursuant to Chapter 133. or 505. of the Revised Code or incurred	136422
pursuant to section 5531.09 of the Revised Code for the purpose of	136423
acquiring or constructing roads, highways, bridges, or viaducts or	136424
acquiring or making other highway improvements for which the board	136425
of township trustees may issue bonds under those chapters, and	136426
paying costs apportioned to the township under section 4907.47 of	136427
the Revised Code.	136428

No part of the funds designated for road and highway purposes	136429
shall be used for any purpose except to pay in whole or part the	136430
contract price of any such work done by contract, or to pay the	136431
cost of labor in planning, constructing, widening, and	136432
reconstructing such roads and highways, and the cost of materials	136433
forming a part of the improvement; provided that the funds may be	136434
used for the purchase of road machinery and equipment ~~and for~~, the	136435
planning, construction, and maintenance of suitable buildings for	136436
housing road machinery and equipment, and the payment of	136437
principal, interest, and charges on bonds and other obligations	136438
issued pursuant to Chapter 133. or 505. of the Revised Code for	136439
the purpose of purchasing road machinery and equipment or	136440
planning, constructing, and maintaining suitable buildings for	136441
housing road machinery and equipment; and provided that all such	136442
improvement of roads shall be under supervision and direction of	136443
the county engineer as provided in section 5575.07 of the Revised	136444
Code. No obligation against the funds shall be incurred unless	136445
plans and specifications for the improvement, approved by the	136446
county engineer, are on file in the office of the township fiscal	136447
officer, and all contracts for material and for work done by	136448
contract shall be approved by the county engineer before being	136449
signed by the board of township trustees. The board of township	136450
trustees of any township may pass a resolution permitting the	136451
board of county commissioners to expend the township's share of	136452
the funds, or any portion of it, for the improvement of the roads	136453
within the township as may be designated in the resolution.	136454

All investment earnings of the fund shall be credited to the	136455
fund.	136456

(B) Amounts credited to the highway operating fund pursuant	136457
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	136458
division (A) of section 5735.26 of the Revised Code shall be	136459
expended in the following manner:	136460

(1) The amount credited pursuant to divisions (B)(2)(c) and	136461
(C)(2)(d) of section 5735.23 of the Revised Code shall be	136462
apportioned to and expended by the department of transportation	136463
for the purposes of planning, maintaining, repairing, and keeping	136464
in passable condition for travel the roads and highways of the	136465
state required by law to be maintained by the department; paying	136466
the costs apportioned to the state under section 4907.47 of the	136467
Revised Code; paying that portion of the construction cost of a	136468
highway project which a county, township, or municipal corporation	136469
normally would be required to pay, but which the director of	136470
transportation, pursuant to division (B) of section 5531.08 of the	136471
Revised Code, determines instead will be paid from moneys in the	136472
highway operating fund; and paying the costs of the department of	136473
public safety in administering and enforcing the state law	136474
relating to the registration and operation of motor vehicles.	136475

(2) The amount credited pursuant to division (A) of section	136476
5735.26 of the Revised Code shall be used for paying the state's	136477
share of the cost of planning, constructing, widening,	136478
maintaining, and reconstructing the state highways; paying that	136479
portion of the construction cost of a highway project which a	136480
county, township, or municipal corporation normally would be	136481
required to pay, but which the director of transportation,	136482
pursuant to division (B) of section 5531.08 of the Revised Code,	136483
determines instead will be paid from moneys in the highway	136484
operating fund; and also for supplying the state's share of the	136485
cost of eliminating railway grade crossings upon such highways and	136486
costs apportioned to the state under section 4907.47 of the	136487
Revised Code. The director of transportation may expend portions	136488
of such amount upon extensions of state highways within municipal	136489
corporations or upon portions of state highways within municipal	136490
corporations, as is provided by law.	136491

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	136492
fuel dealer's entire business or discontinues operating that	136493
business, the taxes and any interest and penalties imposed under	136494
this chapter that arose prior to the date of sale or	136495
discontinuation become due and payable immediately. ~~The~~Within	136496
fifteen days after the date of the sale or discontinuation of the	136497
business, the motor fuel dealer shall make a final return ~~within~~	136498
~~fifteen days after the date of the sale or discontinuation of the~~	136499
~~business~~and provide written notification to the tax commissioner	136500
of the sale or discontinuation and the name and contact	136501
information of the purchaser, if applicable. The purchaser of the	136502
business shall withhold a sufficient amount of the purchase money	136503
to cover the amount of such taxes, interest, and penalties due and	136504
unpaid until the seller produces a receipt from the tax	136505
commissioner showing that the taxes, interest, and penalties have	136506
been paid, or until the seller produces a certificate indicating	136507
that no taxes, interest, and penalties are due.	136508

(B) If the purchaser of the business fails to withhold the	136509
purchase money required to be withheld under this section, the	136510
purchaser of the business is personally liable for the payment of	136511
the taxes, interest, and penalties accrued and unpaid during the	136512
operation of the business by the seller, but only to the extent of	136513
the consideration offered for the entire business.	136514

(C) For purposes of this section, "entire business" means	136515
substantially all of the seller's assets determined without regard	136516
to any then existing mortgages, liens, security interests or other	136517
encumbrances attaching to those assets. A person is considered to	136518
have sold the entire business only if the person ceases to qualify	136519
as a motor fuel dealer and has relinquished or the tax	136520
commissioner has canceled the person's motor fuel dealer's	136521
license.	136522

Sec. 5736.01. As used in this division:

136523

(A) "Calendar quarter" and "person" have the same meanings as	136524
in section 5751.01 of the Revised Code.	136525

(B) "Distribution system" means a bulk transfer or terminal	136526
system for the distribution of motor fuel consisting of	136527
refineries, pipelines, marine vessels, and terminals. For the	136528
purposes of this section, motor fuel that is in a refinery,	136529
pipeline, terminal, or marine vessel that is transporting motor	136530
fuel to a refinery or terminal is in a "distribution system."	136531
Motor fuel is "outside of a distribution system" if the fuel is in	136532
a fuel storage facility, including, but not limited to, a bulk	136533
plant that is not part of a refinery or terminal, the fuel supply	136534
tank of an engine or motor vehicle, a marine vessel transporting	136535
motor fuel to a fuel storage facility that is not in a	136536
distribution system, or a tank car, rail car, trailer, truck, or	136537
other equipment suitable for ground transportation.	136538

(C) "Dyed diesel fuel," "import," "motor fuel," "public	136539
highways," and "terminal" have the same meanings as in section	136540
5735.01 of the Revised Code.	136541

(D) "First sale of motor fuel within this state" means the	136542
initial sale of motor fuel when sold for delivery to a location in	136543
this state.	136544

(E) "Gross receipts" means the total amount received by a	136545
person, without deduction for the cost of goods sold or other	136546
expenses incurred, from the first sale of motor fuel within this	136547
state. For the purposes of division (E) of this section, "amount	136548
received" includes amounts accrued under the accrual method of	136549
accounting. "Gross receipts" shall not include any of the	136550
following amounts:	136551

(1) Receipts derived from the sale of motor fuel when sold	136552
for export to another state;	136553

(2) An amount equal to the federal and state excise taxes	136554
paid by the supplier on the motor fuel;	136555

(3) Bad debts from receipts on the basis of which the tax	136556
imposed by this chapter was paid in a prior quarterly tax payment	136557
period. For the purpose of this division, "bad debts" has the same	136558
meaning as in section 5751.01 of the Revised Code.	136559

(4) Any amount realized from the sale of an account	136560
receivable to the extent the receipts from the underlying	136561
transaction giving rise to the account receivable were included in	136562
the gross receipts of the taxpayer.	136563

(F) "Motor fuel used to propel vehicles on public highways	136564
and waterways" includes motor fuel used for the operation of	136565
licensed motor vehicles employed in the maintenance, construction,	136566
or repair of public highways. "Motor fuel used to propel vehicles	136567
on public highways and waterways" does not include dyed diesel	136568
fuel.	136569

(G) "Rack" means a mechanism capable of delivering motor fuel	136570
from a refinery, terminal, or marine vessel into a railroad tank	136571
car, transport truck, tank wagon, fuel supply tank, marine vessel,	136572
or other means of transport outside of a distribution system.	136573

(H) "Refinery" means a facility used to produce motor fuel	136574
and from which motor fuel may be removed by pipeline, by vessel,	136575
or at a rack.	136576

(I) "Supplier" means either of the following:

136577

(1) A person that sells, exchanges, transfers, or otherwise	136578
distributes motor fuel from a terminal or refinery rack to a point	136579
outside of a distribution system, if the person distributes such	136580
motor fuel at a location in this state;	136581

(2) A person that imports or causes the importation of motor	136582
fuel for sale, exchange, transfer, or other distribution by the	136583
person to a point outside of a distribution system in this state.	136584

(J) "Tax period" means the calendar quarter on the basis of	136585
which a taxpayer is required to pay the tax imposed under this	136586
chapter.	136587

(K) "Taxpayer" means a person subject to the tax imposed by	136588
this chapter.	136589

(L) "Waterways" means all streams, lakes, ponds, marshes,	136590
water courses, and all other bodies of surface water, natural or	136591
artificial, which are situated wholly or partially within this	136592
state or within its jurisdiction, except private impounded bodies	136593
of water.	136594

Sec. 5736.02. (A) Beginning with the tax period that	136595
commences July 1, 2014, and continuing for every tax period	136596
thereafter, there is hereby levied an excise tax on each supplier	136597
measured by the supplier's gross receipts derived from the first	136598
sale of motor fuel within this state. The tax shall be levied at a	136599
rate of six and five-tenths mills for each dollar of the	136600
supplier's gross receipts.	136601

All revenue from the tax shall be distributed as follows:

136602

(1) All revenue from the tax as measured by gross receipts	136603
derived from the sale of motor fuel used for propelling vehicles	136604
on public highways and waterways shall be used for the purposes of	136605
maintaining the state highway system, funding the enforcement of	136606
traffic laws, and covering the costs of hospitalization of	136607
indigent persons injured in motor vehicle accidents on the public	136608
highways.	136609

(2) All revenue not distributed as required by division	136610
(A)(1) of this section shall be used for the purpose of funding	136611
the needs of this state and its local governments.	136612

(B) The tax imposed by this section is in addition to any	136613
other taxes or fees imposed under the Revised Code.	136614

Sec. 5736.03. (A) No person shall avoid the tax imposed by	136615
this chapter by receiving motor fuel outside of this state and	136616
transferring the motor fuel into this state within one year. Any	136617
such person shall be considered to have received the fuel in this	136618
state and shall include as gross receipts the value of motor fuel	136619
the person transfers into this state within one year after the	136620
person receives the property outside of this state.	136621

(B) The tax commissioner may adopt rules necessary to	136622
administer this section.	136623

Sec. 5736.04. (A) Not later than the tenth day of the second	136624
month after the end of each calendar quarter, every taxpayer shall	136625
file with the tax commissioner a tax return in such form as the	136626
commissioner prescribes. The return shall include, but is not	136627
limited to, the amount of the taxpayer's gross receipts for the	136628
calendar quarter and shall indicate the amount of tax due under	136629
section 5736.02 of the Revised Code for the calendar quarter. The	136630
taxpayer shall indicate on each return the portion of the	136631
taxpayer's gross receipts attributable to motor fuel used for	136632
propelling vehicles on public highways and waterways and the	136633
portion of such receipts attributable to motor fuel used for other	136634
purposes.	136635

(B)(1) The taxpayer shall remit the tax shown to be due on	136636
the return, and, if required by the tax commissioner, file the	136637
return, electronically. The commissioner may require taxpayers to	136638
use the Ohio business gateway as defined in section 718.051 of the	136639
Revised Code to file return returns and remit the tax, or may	136640
provide another means for taxpayers to file and remit the tax	136641
electronically.	136642

(2) A person required by this section to remit taxes or file	136643
returns electronically may apply to the commissioner, on the form	136644
prescribed by the commissioner, to be excused from that	136645
requirement. The commissioner may excuse a person from such	136646
requirement for good cause.	136647

(C) The tax rate with respect to gross receipts for a	136648
calendar quarter is not fixed until the end of the measurement	136649
period for each calendar quarter. The total amount of gross	136650
receipts reported for a given calendar quarter shall be subject to	136651
the tax rate in effect in that quarter.	136652

Sec. 5736.05. (A) Any taxpayer that fails to file a return	136653
or pay the full amount of the tax due within the period prescribed	136654
therefor under this chapter shall pay a penalty in an amount not	136655
exceeding the greater of fifty dollars or ten per cent of the tax	136656
required to be paid for the tax period.	136657

(B)(1) If any additional tax is found to be due, the tax	136658
commissioner may impose an additional penalty of up to fifteen per	136659
cent on the additional tax found to be due.	136660

(2) Any delinquent payments of the tax made after a taxpayer	136661
is notified of an audit or a tax discrepancy by the commissioner	136662
is subject to the penalty imposed by division (B) of this section.	136663
If an assessment is issued under section 5736.09 of the Revised	136664
Code in connection with such delinquent payments, the payments	136665
shall be credited to the assessment.	136666

(C) If a person required to remit taxes or file a return	136667
electronically under section 5736.04 of the Revised Code fails to	136668
do so, the commissioner may impose a penalty not to exceed the	136669
following:	136670

(1) For either of the first two calendar quarters the person	136671
so fails, five per cent of the amount of the payment that was	136672
required to be remitted;	136673

(2) For the third and any subsequent calendar quarters the	136674
person so fails, ten per cent of the amount of the payment that	136675
was required to be remitted.	136676

(D) The tax commissioner may collect any penalty or interest	136677
imposed by this section in the same manner as the tax imposed	136678
under this chapter. Penalties and interest so collected shall be	136679
considered as revenue arising from the tax imposed under this	136680
chapter.	136681

(E) The tax commissioner may abate all or a portion of any	136682
penalties imposed under this section and may adopt rules governing	136683
such abatements.	136684

(F) If any tax due is not timely paid in accordance with this	136685
chapter, the taxpayer shall pay interest, calculated at the rate	136686
per annum prescribed by section 5703.47 of the Revised Code, from	136687
the date the tax payment was due to the date of payment or to the	136688
date an assessment was issued, whichever occurs first.	136689

Sec. 5736.06. (A) No person subject to the tax imposed by	136690
section 5736.02 of the Revised Code shall distribute, import, or	136691
cause the importation of motor fuel for consumption in this state	136692
without holding a supplier's license issued by the tax	136693
commissioner to engage in such activities.	136694

(B)(1) A person subject to the tax imposed by section 5736.02	136695
of the Revised Code shall, on or before March 1, 2014, or within	136696
thirty days of first becoming subject to the tax imposed by this	136697
chapter, whichever is earlier, apply to the tax commissioner for a	136698
supplier's license on the form prescribed by the commissioner.	136699

(2) Each person issued a supplier's license under division	136700
(B)(1) of this section shall apply to renew the license on or	136701
before the first day of March of each year.	136702

(3) With each license application submitted under division	136703
(B)(1) or (2) of this section, the applicant shall pay an	136704
application fee equal to one of the following amounts:	136705

(a) If the applicant solely imports or causes the importation	136706
of motor fuel for sale, exchange, or transfer by the person in	136707
this state, three hundred dollars;	136708

(b) If the applicant engages in activities in addition to	136709
those described in division (B)(3)(a) of this section, one	136710
thousand dollars.	136711

If an applicant timely submits an application under division	136712
(B)(1) of this section on or after the first day of September of	136713
any year, the fee that would apply to the applicant under division	136714
(B)(3)(a) or (b) of this section shall be reduced by one-half.	136715

(4) The failure to apply to the commissioner for a supplier's	136716
license does not relieve a person from the requirement to file	136717
returns and pay the tax imposed by this chapter.	136718

(C) The tax commissioner may refuse to issue a license to any	136719
applicant under this section in the following circumstances:	136720

(1) The applicant has previously had any license canceled for	136721
cause by the commissioner.	136722

(2) The commissioner believes that the application is not	136723
filed in good faith or is filed as a subterfuge in an attempt to	136724
procure a license for another person.	136725

(3) The applicant has violated any provision of this chapter.

136726

(D) If the tax commissioner refuses to issue a license to an	136727
applicant under this section, the applicant is entitled to a	136728
refund of the application fee in accordance with section 5736.08	136729
of the Revised Code. All application fees collected under this	136730
section shall be deposited into the motor fuel receipts tax	136731
administration fund created in section 5736.13 of the Revised	136732
Code.	136733

(E) No person shall make a false or fraudulent statement on	136734
an application required by this section.	136735

Sec. 5736.07. (A) If a taxpayer files a false return, fails	136736
to file a return as required by section 5736.04 of the Revised	136737
Code, or fails to pay the full amount of tax due with a return,	136738
the tax commissioner may revoke the supplier's license issued to	136739
the taxpayer under section 5736.06 of the Revised Code by	136740
notifying the taxpayer in writing of such revocation by certified	136741
mail sent to the last known address of the taxpayer appearing on	136742
the files of the commissioner.	136743

(B) Upon the request of a person that is no longer subject to	136744
the tax imposed by this chapter, the tax commissioner may cancel	136745
the supplier's license issued to the person under section 5736.06	136746
of the Revised Code. The cancellation shall become effective at	136747
the time determined by the commissioner. No license shall be	136748
canceled upon the request of any person unless, prior to the date	136749
of cancellation, the person has paid to the state all taxes	136750
payable by such person under the laws of the state, together with	136751
any interest and penalties.	136752

Sec. 5736.08. (A) An application for refund to the taxpayer	136753
of the amount of taxes imposed under this chapter that are	136754
overpaid, paid illegally or erroneously, or paid on any illegal or	136755
erroneous assessment shall be filed by the taxpayer with the tax	136756
commissioner, on the form prescribed by the commissioner, within	136757
four years after the date of the illegal or erroneous payment of	136758
the tax, or within any additional period allowed under division	136759
(F) of section 5736.09 of the Revised Code. The applicant shall	136760
provide the amount of the requested refund along with the claimed	136761
reasons for, and documentation to support, the issuance of a	136762
refund.	136763

(B) On the filing of the refund application, the commissioner	136764
shall determine the amount of refund to which the applicant is	136765
entitled. If the amount is not less than that claimed, the	136766
commissioner shall certify the amount to the director of budget	136767
and management and treasurer of state for payment from the tax	136768
refund fund created under section 5703.052 of the Revised Code. If	136769
the amount is less than that claimed, the commissioner shall	136770
proceed in accordance with section 5703.70 of the Revised Code.	136771

(C) Interest on a refund applied for under this section,	136772
computed at the rate provided for in section 5703.47 of the	136773
Revised Code, shall be allowed from the later of the date the tax	136774
was paid or when the tax payment was due.	136775

(D) Except as provided in section 5736.081 of the Revised	136776
Code, the commissioner may provide for the crediting against tax	136777
due for a tax period the amount of any refund due the taxpayer	136778
under this chapter for a preceding tax period.	136779

Sec. 5736.081. As used in this section, "debt to this state"	136780
means unpaid taxes due the state, unpaid workers' compensation	136781
premiums due under section 4123.35 of the Revised Code, unpaid	136782
unemployment compensation contributions due under section 4141.25	136783
of the Revised Code, unpaid unemployment compensation payment in	136784
lieu of contribution under section 4141.241 of the Revised Code,	136785
unpaid fees payable to the state or to the clerk of courts	136786
pursuant to section 4505.06 of the Revised Code, incorrect	136787
payments for medicaid services under the medicaid program, or any	136788
unpaid charge, penalty, or interest arising from any of the	136789
foregoing.	136790

If a taxpayer entitled to a refund under section 5736.08 of	136791
the Revised Code owes any debt to this state, the amount	136792
refundable may be applied in satisfaction of the debt. If the	136793
amount refundable is less than the amount of the debt, it may be	136794
applied in partial satisfaction of the debt. If the amount	136795
refundable is greater than the amount of the debt, the amount	136796
remaining after satisfaction of the debt shall be refunded. This	136797
section applies only to debts that have become final. For the	136798
purposes of this section, a debt becomes final when, under the	136799
applicable law, any time provided for petition for reassessment,	136800
request for reconsideration, or other appeal of the legality or	136801
validity of the amount giving rise to the debt expires without an	136802
appeal having been filed in the manner provided by law.	136803

Sec. 5736.09. (A) The tax commissioner may make an	136804
assessment, based on any information in the commissioner's	136805
possession, against any person that fails to file a return or pay	136806
any tax as required by this chapter. The commissioner shall give	136807
the person assessed written notice of the assessment as provided	136808
in section 5703.37 of the Revised Code. With the notice, the	136809
commissioner shall provide instructions on the manner in which to	136810
petition for reassessment and request a hearing with respect to	136811
the petition.	136812

(B) Unless the person assessed, within sixty days after	136813
service of the notice of assessment, files with the commissioner,	136814
either personally or by certified mail, a written petition signed	136815
by the person or the person's authorized agent having knowledge of	136816
the facts, the assessment becomes final, and the amount of the	136817
assessment is due and payable from the person assessed to the	136818
treasurer of state. The petition shall indicate the objections of	136819
the person assessed, but additional objections may be raised in	136820
writing if received by the commissioner prior to the date shown on	136821
the final determination.	136822

If a petition for reassessment has been properly filed, the	136823
commissioner shall proceed under section 5703.60 of the Revised	136824
Code.	136825

(C)(1) After an assessment becomes final, if any portion of	136826
the assessment, including accrued interest, remains unpaid, a	136827
certified copy of the commissioner's entry making the assessment	136828
final may be filed in the office of the clerk of the court of	136829
common pleas in the county in which the person resides or has its	136830
principal place of business in this state, or in the office of the	136831
clerk of court of common pleas of Franklin county.	136832

(2) Immediately upon the filing of the entry, the clerk shall	136833
enter judgment for the state against the person assessed in the	136834
amount shown on the entry. The judgment may be filed by the clerk	136835
in a loose-leaf book entitled, "special judgments for the motor	136836
fuel receipts tax" and shall have the same effect as other	136837
judgments. Execution shall issue upon the judgment at the request	136838
of the commissioner, and all laws applicable to sales on execution	136839
shall apply to sales made under the judgment.	136840

(3) If the assessment is not paid in its entirety within	136841
sixty days after the day the assessment was issued, the portion of	136842
the assessment consisting of tax due shall bear interest at the	136843
rate per annum prescribed by section 5703.47 of the Revised Code	136844
from the day the commissioner issues the assessment until it is	136845
paid or until it is certified to the attorney general for	136846
collection under section 131.02 of the Revised Code, whichever	136847
comes first. If the unpaid portion of the assessment is certified	136848
to the attorney general for collection, the entire unpaid portion	136849
of the assessment shall bear interest at the rate per annum	136850
prescribed by section 5703.47 of the Revised Code from the date of	136851
certification until the date it is paid in its entirety. Interest	136852
shall be paid in the same manner as the tax and may be collected	136853
by the issuance of an assessment under this section.	136854

(D) If the commissioner believes that collection of the tax	136855
will be jeopardized unless proceedings to collect or secure	136856
collection of the tax are instituted without delay, the	136857
commissioner may issue a jeopardy assessment against the person	136858
liable for the tax. Immediately upon the issuance of the jeopardy	136859
assessment, the commissioner shall file an entry with the clerk of	136860
the court of common pleas in the manner prescribed by division (C)	136861
of this section. Notice of the jeopardy assessment shall be served	136862
on the person assessed or the person's authorized agent in the	136863
manner provided in section 5703.37 of the Revised Code within five	136864
days of the filing of the entry with the clerk. The total amount	136865
assessed is immediately due and payable, unless the person	136866
assessed files a petition for reassessment in accordance with	136867
division (B) of this section and provides security in a form	136868
satisfactory to the commissioner and in an amount sufficient to	136869
satisfy the unpaid balance of the assessment. Full or partial	136870
payment of the assessment does not prejudice the commissioner's	136871
consideration of the petition for reassessment.	136872

(E) The commissioner shall immediately forward to the	136873
treasurer of state all amounts the commissioner receives under	136874
this section, and such amounts shall be considered as revenue	136875
arising from the tax imposed under this chapter.	136876

(F) Except as otherwise provided in this division, no	136877
assessment shall be made or issued against a taxpayer for the tax	136878
imposed under this chapter more than four years after the due date	136879
for the filing of the return for the tax period for which the tax	136880
was reported, or more than four years after the return for the tax	136881
period was filed, whichever is later. The time limit may be	136882
extended if both the taxpayer and the commissioner consent in	136883
writing to the extension or enter into an agreement waiving or	136884
extending the time limit. Any such extension shall extend the	136885
four-year time limit in division (A) of section 5736.08 of the	136886
Revised Code for the same period of time. Nothing in this division	136887
bars an assessment against a taxpayer that fails to file a return	136888
required by this chapter or that files a fraudulent return.	136889

(G) If the commissioner possesses information that indicates	136890
that the amount of tax a taxpayer is required to pay under this	136891
chapter exceeds the amount the taxpayer paid, the commissioner may	136892
audit a sample of the taxpayer's gross receipts over a	136893
representative period of time to ascertain the amount of tax due,	136894
and may issue an assessment based on the audit. The commissioner	136895
shall make a good faith effort to reach agreement with the	136896
taxpayer in selecting a representative sample. The commissioner	136897
may apply a sampling method only if the commissioner has	136898
prescribed the method by rule.	136899

(H) If the whereabouts of a person subject to this chapter is	136900
not known to the commissioner, the commissioner shall follow the	136901
procedures under section 5703.37 of the Revised Code.	136902

Sec. 5736.10. If any person liable for the tax imposed under	136903
this chapter sells the trade or business, disposes in any manner	136904
other than in the regular course of business at least seventy-five	136905
per cent of assets of the trade or business, or quits the trade or	136906
business, any tax owed by such person shall become due and payable	136907
immediately, and the person shall pay the tax under this section,	136908
including any applicable penalties and interest, within forty-five	136909
days after the date of selling or quitting the trade or business.	136910
The person's successor shall withhold a sufficient amount of the	136911
purchase money to cover the amount due and unpaid until the former	136912
owner produces a receipt from the tax commissioner showing that	136913
the amounts are paid or a certificate indicating that no taxes are	136914
due. If a purchaser fails to withhold purchase money, that person	136915
is personally liable up to the purchase money amount, for such	136916
amounts that are unpaid during the operation of the business by	136917
the former owner.	136918

The commissioner may adopt rules regarding the issuance of	136919
certificates under this section, including the waiver of the need	136920
for a certificate if certain criteria are met.	136921

Sec. 5736.11. If any person subject to this chapter fails to	136922
report or pay the tax as required under this chapter, or fails to	136923
pay any penalty imposed under this chapter within ninety days	136924
after the time prescribed for payment of the penalty, the attorney	136925
general, on the request of the tax commissioner, shall commence an	136926
action in quo warranto in the court of appeals of the county in	136927
which the person has its principal place of business to forfeit	136928
and annul its privileges or franchise within this state. If the	136929
court finds that the person is in default for the amount claimed,	136930
it shall render judgment revoking the person's privileges or	136931
franchise within this state and shall otherwise proceed as	136932
provided in Chapter 2733. of the Revised Code.	136933

Sec. 5736.12. The tax commissioner may prescribe	136934
requirements for the keeping of records and other pertinent	136935
documents, the filing of copies of federal income tax returns and	136936
determinations, and computations reconciling federal income tax	136937
returns with the returns and reports required by section 5736.04	136938
of the Revised Code. The commissioner may require any person, by	136939
rule or notice served on that person, to keep those records that	136940
the commissioner considers necessary to show whether, and the	136941
extent to which, a person is subject to this chapter. Those	136942
records and other documents shall be open during business hours to	136943
the inspection of the commissioner, and shall be preserved for a	136944
period of four years unless the commissioner, in writing, consents	136945
to their destruction within that period, or by order requires that	136946
they be kept longer. If such records are normally kept by the	136947
person electronically, the person shall provide such records to	136948
the commissioner electronically at the commissioner's request.	136949

Sec. 5736.13. (A) For the purpose of receiving, accounting	136950
for, and distributing revenue received from the tax imposed by	136951
section 5736.02 of the Revised Code, the following funds are	136952
hereby created in the state treasury:	136953

(1) The motor fuel receipts tax fund;

136954

(2) The motor fuel receipts tax administration fund. All	136955
amounts credited to the motor fuel receipts tax administration	136956
fund shall be used solely for the purpose of paying the expenses	136957
of the department of taxation incident to the administration of	136958
the tax imposed by section 5736.02 of the Revised Code.	136959

(3) The motor fuel receipts tax public highways fund.

136960

(B) All money collected from the tax imposed by section	136961
5736.02 of the Revised Code shall be deposited into the motor fuel	136962
receipts tax fund.	136963

(C) From the motor fuel receipts tax fund, the director of	136964
budget and management shall place to the credit of the tax refund	136965
fund established by section 5703.052 of the Revised Code amounts	136966
equal to the refunds certified by the tax commissioner pursuant to	136967
section 5736.08 of the Revised Code.	136968

(D) Not later than the last day of March, June, September,	136969
and December of each year, the director of budget and management	136970
shall provide for the transfer of the balance of the motor fuel	136971
receipts tax fund as of the last day of the preceding month,	136972
excluding any amounts required to be transferred as provided in	136973
division (C) of this section, as follows:	136974

(1) To the motor fuel receipts tax administration fund, one	136975
per cent;	136976

(2) To the motor fuel receipts tax public highways fund, an	136977
amount that bears the same ratio to the balance in the motor fuel	136978
tax receipts fund, after subtracting the amount transferred under	136979
division (D)(1) of this section, that (a) the gross receipts	136980
attributed to motor fuel used for propelling vehicles on public	136981
highways and waterways as indicated by returns filed by the last	136982
day of the preceding month, bears to (b) all gross receipts as	136983
indicated by those returns;	136984

(3) To the general revenue fund, the amount remaining after	136985
the transfers required by divisions (D)(1) and (2) of this	136986
section.	136987

Sec. 5736.14. (A)(1) If any person, regardless of	136988
organizational form, required to file reports and to remit taxes	136989
imposed under this chapter fails for any reason to file such	136990
reports or pay such taxes, any employees of the person having	136991
control or supervision of, or charged with the responsibility of,	136992
filing reports and making payments, or any officers or trustees of	136993
the person responsible for the execution of the person's fiscal	136994
responsibilities, are personally liable for the failure.	136995

(2) The dissolution, termination, or bankruptcy of a person	136996
shall not discharge a responsible officer's, shareholder's,	136997
member's, manager's, employee's, or trustee's liability for	136998
failure of the person to file reports or remit taxes. The sum due	136999
for the liability may be collected by assessment in the manner	137000
provided in section 5736.09 of the Revised Code.	137001

(B) If more than one individual is personally liable under	137002
this section for the unpaid tax of a person, then the liability of	137003
all such individuals shall be joint and several.	137004

Sec. 5736.99. (A) Any person that files a fraudulent refund	137005
claim under section 5736.08 of the Revised Code shall be fined the	137006
greater of not more than one thousand dollars or the amount of the	137007
fraudulent refund requested or imprisoned not more than sixty	137008
days, or both.	137009

(B) Except as provided in this section, whoever violates any	137010
section of this chapter, or any rule adopted by the tax	137011
commissioner under this chapter, shall be fined not more than five	137012
hundred dollars or imprisoned not more than thirty days, or both.	137013

(C) Any person that is subject to the tax imposed by this	137014
chapter and that is found to be engaged in distributing,	137015
importing, or causing the importation of motor fuel for	137016
consumption in this state without a license as required by section	137017
5736.06 of the Revised Code shall be fined not more than one	137018
thousand dollars or imprisoned not more than one hundred eighty	137019
days, or both.	137020

(D) The penalties provided in this section are in addition to	137021
any penalties imposed by the tax commissioner under section	137022
5736.05 of the Revised Code.	137023

Sec. 5739.01. As used in this chapter:

137024

(A) "Person" includes individuals, receivers, assignees,	137025
trustees in bankruptcy, estates, firms, partnerships,	137026
associations, joint-stock companies, joint ventures, clubs,	137027
societies, corporations, the state and its political subdivisions,	137028
and combinations of individuals of any form.	137029

(B) "Sale" and "selling" include all of the following	137030
transactions for a consideration in any manner, whether absolutely	137031
or conditionally, whether for a price or rental, in money or by	137032
exchange, and by any means whatsoever:	137033

(1) All transactions by which title or possession, or both,	137034
of tangible personal property, is or is to be transferred, or a	137035
license to use or consume tangible personal property is or is to	137036
be granted;	137037

(2) All transactions by which lodging by a hotel is or is to	137038
be furnished to transient guests;	137039

(3) All transactions by which:

137040

(a) An item of tangible personal property is or is to be	137041
repaired, except property, the purchase of which would not be	137042
subject to the tax imposed by section 5739.02 of the Revised Code;	137043

(b) An item of tangible personal property is or is to be	137044
installed, except property, the purchase of which would not be	137045
subject to the tax imposed by section 5739.02 of the Revised Code	137046
or property that is or is to be incorporated into and will become	137047
a part of a production, transmission, transportation, or	137048
distribution system for the delivery of a public utility service;	137049

(c) The service of washing, cleaning, waxing, polishing, or	137050
painting a motor vehicle is or is to be furnished;	137051

(d) Until August 1, 2003, industrial laundry cleaning	137052
services are or are to be provided and, on and after August 1,	137053
2003, laundry and dry cleaning services are or are to be provided;	137054

(e) Automatic data processing, computer services, or	137055
electronic information services are or are to be provided for use	137056
in business when the true object of the transaction is the receipt	137057
by the consumer of automatic data processing, computer services,	137058
or electronic information services rather than the receipt of	137059
personal or professional services to which automatic data	137060
processing, computer services, or electronic information services	137061
are incidental or supplemental. Notwithstanding any other	137062
provision of this chapter, such transactions that occur between	137063
members of an affiliated group are not sales. An "affiliated	137064
group" means two or more persons related in such a way that one	137065
person owns or controls the business operation of another member	137066
of the group. In the case of corporations with stock, one	137067
corporation owns or controls another if it owns more than fifty	137068
per cent of the other corporation's common stock with voting	137069
rights.	137070

(f) Telecommunications service, including prepaid calling	137071
service, prepaid wireless calling service, or ancillary service,	137072
is or is to be provided, but not including coin-operated telephone	137073
service;	137074

(g) Landscaping and lawn care service is or is to be	137075
provided;	137076

(h) Private investigation and security service is or is to be	137077
provided;	137078

(i) Information services or tangible personal property is	137079
provided or ordered by means of a nine hundred telephone call;	137080

(j) Building maintenance and janitorial service is or is to	137081
be provided;	137082

(k) Employment service is or is to be provided;

137083

(l) Employment placement service is or is to be provided;

137084

(m) Exterminating service is or is to be provided;

137085

(n) Physical fitness facility service is or is to be	137086
provided;	137087

(o) Recreation and sports club service is or is to be	137088
provided;	137089

(p) On and after August 1, 2003, satellite broadcasting	137090
service is or is to be provided;	137091

(q) On and after August 1, 2003, personal care service is or	137092
is to be provided to an individual. As used in this division,	137093
"personal care service" includes skin care, the application of	137094
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	137095
piercing, tanning, massage, and other similar services. "Personal	137096
care service" does not include a service provided by or on the	137097
order of a licensed physician or licensed chiropractor, or the	137098
cutting, coloring, or styling of an individual's hair.	137099

(r) On and after August 1, 2003, the transportation of	137100
persons by motor vehicle or aircraft is or is to be provided, when	137101
the transportation is entirely within this state, except for	137102
transportation provided by an ambulance service, by a transit bus,	137103
as defined in section 5735.01 of the Revised Code, and	137104
transportation provided by a citizen of the United States holding	137105
a certificate of public convenience and necessity issued under 49	137106
U.S.C. 41102;	137107

(s) On and after August 1, 2003, motor vehicle towing service	137108
is or is to be provided. As used in this division, "motor vehicle	137109
towing service" means the towing or conveyance of a wrecked,	137110
disabled, or illegally parked motor vehicle.	137111

(t) On and after August 1, 2003, snow removal service is or	137112
is to be provided. As used in this division, "snow removal	137113
service" means the removal of snow by any mechanized means, but	137114
does not include the providing of such service by a person that	137115
has less than five thousand dollars in sales of such service	137116
during the calendar year.	137117

(u) Electronic publishing service is or is to be provided to	137118
a consumer for use in business, except that such transactions	137119
occurring between members of an affiliated group, as defined in	137120
division (B)(3)(e) of this section, are not sales.	137121

(4) All transactions by which printed, imprinted,	137122
overprinted, lithographic, multilithic, blueprinted, photostatic,	137123
or other productions or reproductions of written or graphic matter	137124
are or are to be furnished or transferred;	137125

(5) The production or fabrication of tangible personal	137126
property for a consideration for consumers who furnish either	137127
directly or indirectly the materials used in the production of	137128
fabrication work; and include the furnishing, preparing, or	137129
serving for a consideration of any tangible personal property	137130
consumed on the premises of the person furnishing, preparing, or	137131
serving such tangible personal property. Except as provided in	137132
section 5739.03 of the Revised Code, a construction contract	137133
pursuant to which tangible personal property is or is to be	137134
incorporated into a structure or improvement on and becoming a	137135
part of real property is not a sale of such tangible personal	137136
property. The construction contractor is the consumer of such	137137
tangible personal property, provided that the sale and	137138
installation of carpeting, the sale and installation of	137139
agricultural land tile, the sale and erection or installation of	137140
portable grain bins, or the provision of landscaping and lawn care	137141
service and the transfer of property as part of such service is	137142
never a construction contract.	137143

As used in division (B)(5) of this section:

137144

(a) "Agricultural land tile" means fired clay or concrete	137145
tile, or flexible or rigid perforated plastic pipe or tubing,	137146
incorporated or to be incorporated into a subsurface drainage	137147
system appurtenant to land used or to be used primarily in	137148
production by farming, agriculture, horticulture, or floriculture.	137149
The term does not include such materials when they are or are to	137150
be incorporated into a drainage system appurtenant to a building	137151
or structure even if the building or structure is used or to be	137152
used in such production.	137153

(b) "Portable grain bin" means a structure that is used or to	137154
be used by a person engaged in farming or agriculture to shelter	137155
the person's grain and that is designed to be disassembled without	137156
significant damage to its component parts.	137157

(6) All transactions in which all of the shares of stock of a	137158
closely held corporation are transferred, or an ownership interest	137159
in a pass-through entity, as defined in section 5733.04 of the	137160
Revised Code, is transferred, if the corporation or pass-through	137161
entity is not engaging in business and its entire assets consist	137162
of boats, planes, motor vehicles, or other tangible personal	137163
property operated primarily for the use and enjoyment of the	137164
shareholders or owners;	137165

(7) All transactions in which a warranty, maintenance or	137166
service contract, or similar agreement by which the vendor of the	137167
warranty, contract, or agreement agrees to repair or maintain the	137168
tangible personal property of the consumer is or is to be	137169
provided;	137170

(8) The transfer of copyrighted motion picture films used	137171
solely for advertising purposes, except that the transfer of such	137172
films for exhibition purposes is not a sale;	137173

(9) On and after August 1, 2003, all transactions by which	137174
tangible personal property is or is to be stored, except such	137175
property that the consumer of the storage holds for sale in the	137176
regular course of business;	137177

(10) All transactions in which "guaranteed auto protection"	137178
is provided whereby a person promises to pay to the consumer the	137179
difference between the amount the consumer receives from motor	137180
vehicle insurance and the amount the consumer owes to a person	137181
holding title to or a lien on the consumer's motor vehicle in the	137182
event the consumer's motor vehicle suffers a total loss under the	137183
terms of the motor vehicle insurance policy or is stolen and not	137184
recovered, if the protection and its price are included in the	137185
purchase or lease agreement;	137186

(11)(a) Except as provided in division (B)(11)(b) of this	137187
section, on and after October 1, 2009, all transactions by which	137188
health care services are paid for, reimbursed, provided,	137189
delivered, arranged for, or otherwise made available by a medicaid	137190
health insuring corporation pursuant to the corporation's contract	137191
with the state.	137192

(b) If the centers for medicare and medicaid services of the	137193
United States department of health and human services determines	137194
that the taxation of transactions described in division (B)(11)(a)	137195
of this section constitutes an impermissible health care-related	137196
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	137197
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	137198
regulations adopted thereunder, the medicaid director ~~of job and~~	137199
~~family services~~ shall notify the tax commissioner of that	137200
determination. Beginning with the first day of the month following	137201
that notification, the transactions described in division	137202
(B)(11)(a) of this section are not sales for the purposes of this	137203
chapter or Chapter 5741. of the Revised Code. The tax commissioner	137204
shall order that the collection of taxes under sections 5739.02,	137205
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	137206
5741.023 of the Revised Code shall cease for transactions	137207
occurring on or after that date.	137208

Except as provided in this section, "sale" and "selling" do	137209
not include transfers of interest in leased property where the	137210
original lessee and the terms of the original lease agreement	137211
remain unchanged, or professional, insurance, or personal service	137212
transactions that involve the transfer of tangible personal	137213
property as an inconsequential element, for which no separate	137214
charges are made.	137215

(C) "Vendor" means the person providing the service or by	137216
whom the transfer effected or license given by a sale is or is to	137217
be made or given and, for sales described in division (B)(3)(i) of	137218
this section, the telecommunications service vendor that provides	137219
the nine hundred telephone service; if two or more persons are	137220
engaged in business at the same place of business under a single	137221
trade name in which all collections on account of sales by each	137222
are made, such persons shall constitute a single vendor.	137223

Physicians, dentists, hospitals, and veterinarians who are	137224
engaged in selling tangible personal property as received from	137225
others, such as eyeglasses, mouthwashes, dentifrices, or similar	137226
articles, are vendors. Veterinarians who are engaged in	137227
transferring to others for a consideration drugs, the dispensing	137228
of which does not require an order of a licensed veterinarian or	137229
physician under federal law, are vendors.	137230

(D)(1) "Consumer" means the person for whom the service is	137231
provided, to whom the transfer effected or license given by a sale	137232
is or is to be made or given, to whom the service described in	137233
division (B)(3)(f) or (i) of this section is charged, or to whom	137234
the admission is granted.	137235

(2) Physicians, dentists, hospitals, and blood banks operated	137236
by nonprofit institutions and persons licensed to practice	137237
veterinary medicine, surgery, and dentistry are consumers of all	137238
tangible personal property and services purchased by them in	137239
connection with the practice of medicine, dentistry, the rendition	137240
of hospital or blood bank service, or the practice of veterinary	137241
medicine, surgery, and dentistry. In addition to being consumers	137242
of drugs administered by them or by their assistants according to	137243
their direction, veterinarians also are consumers of drugs that	137244
under federal law may be dispensed only by or upon the order of a	137245
licensed veterinarian or physician, when transferred by them to	137246
others for a consideration to provide treatment to animals as	137247
directed by the veterinarian.	137248

(3) A person who performs a facility management, or similar	137249
service contract for a contractee is a consumer of all tangible	137250
personal property and services purchased for use in connection	137251
with the performance of such contract, regardless of whether title	137252
to any such property vests in the contractee. The purchase of such	137253
property and services is not subject to the exception for resale	137254
under division (E)(1) of this section.	137255

(4)(a) In the case of a person who purchases printed matter	137256
for the purpose of distributing it or having it distributed to the	137257
public or to a designated segment of the public, free of charge,	137258
that person is the consumer of that printed matter, and the	137259
purchase of that printed matter for that purpose is a sale.	137260

(b) In the case of a person who produces, rather than	137261
purchases, printed matter for the purpose of distributing it or	137262
having it distributed to the public or to a designated segment of	137263
the public, free of charge, that person is the consumer of all	137264
tangible personal property and services purchased for use or	137265
consumption in the production of that printed matter. That person	137266
is not entitled to claim exemption under division (B)(42)(f) of	137267
section 5739.02 of the Revised Code for any material incorporated	137268
into the printed matter or any equipment, supplies, or services	137269
primarily used to produce the printed matter.	137270

(c) The distribution of printed matter to the public or to a	137271
designated segment of the public, free of charge, is not a sale to	137272
the members of the public to whom the printed matter is	137273
distributed or to any persons who purchase space in the printed	137274
matter for advertising or other purposes.	137275

(5) A person who makes sales of any of the services listed in	137276
division (B)(3) of this section is the consumer of any tangible	137277
personal property used in performing the service. The purchase of	137278
that property is not subject to the resale exception under	137279
division (E)(1) of this section.	137280

(6) A person who engages in highway transportation for hire	137281
is the consumer of all packaging materials purchased by that	137282
person and used in performing the service, except for packaging	137283
materials sold by such person in a transaction separate from the	137284
service.	137285

(7) In the case of a transaction for health care services	137286
under division (B)(11) of this section, a medicaid health insuring	137287
corporation is the consumer of such services. The purchase of such	137288
services by a medicaid health insuring corporation is not subject	137289
to the exception for resale under division (E)(1) of this section	137290
or to the exemptions provided under divisions (B)(12), (18), (19),	137291
and (22) of section 5739.02 of the Revised Code.	137292

(E) "Retail sale" and "sales at retail" include all sales,	137293
except those in which the purpose of the consumer is to resell the	137294
thing transferred or benefit of the service provided, by a person	137295
engaging in business, in the form in which the same is, or is to	137296
be, received by the person.	137297

(F) "Business" includes any activity engaged in by any person	137298
with the object of gain, benefit, or advantage, either direct or	137299
indirect. "Business" does not include the activity of a person in	137300
managing and investing the person's own funds.	137301

(G) "Engaging in business" means commencing, conducting, or	137302
continuing in business, and liquidating a business when the	137303
liquidator thereof holds itself out to the public as conducting	137304
such business. Making a casual sale is not engaging in business.	137305

(H)(1)(a) "Price," except as provided in divisions (H)(2),	137306
(3), and (4) of this section, means the total amount of	137307
consideration, including cash, credit, property, and services, for	137308
which tangible personal property or services are sold, leased, or	137309
rented, valued in money, whether received in money or otherwise,	137310
without any deduction for any of the following:	137311

(i) The vendor's cost of the property sold;

137312

(ii) The cost of materials used, labor or service costs,	137313
interest, losses, all costs of transportation to the vendor, all	137314
taxes imposed on the vendor, including the tax imposed under	137315
Chapter 5751. of the Revised Code, and any other expense of the	137316
vendor;	137317

(iii) Charges by the vendor for any services necessary to	137318
complete the sale;	137319

(iv) On and after August 1, 2003, delivery charges. As used	137320
in this division, "delivery charges" means charges by the vendor	137321
for preparation and delivery to a location designated by the	137322
consumer of tangible personal property or a service, including	137323
transportation, shipping, postage, handling, crating, and packing.	137324

(v) Installation charges;

137325

(vi) Credit for any trade-in.

137326

(b) "Price" includes consideration received by the vendor	137327
from a third party, if the vendor actually receives the	137328
consideration from a party other than the consumer, and the	137329
consideration is directly related to a price reduction or discount	137330
on the sale; the vendor has an obligation to pass the price	137331
reduction or discount through to the consumer; the amount of the	137332
consideration attributable to the sale is fixed and determinable	137333
by the vendor at the time of the sale of the item to the consumer;	137334
and one of the following criteria is met:	137335

(i) The consumer presents a coupon, certificate, or other	137336
document to the vendor to claim a price reduction or discount	137337
where the coupon, certificate, or document is authorized,	137338
distributed, or granted by a third party with the understanding	137339
that the third party will reimburse any vendor to whom the coupon,	137340
certificate, or document is presented;	137341

(ii) The consumer identifies the consumer's self to the	137342
seller as a member of a group or organization entitled to a price	137343
reduction or discount. A preferred customer card that is available	137344
to any patron does not constitute membership in such a group or	137345
organization.	137346

(iii) The price reduction or discount is identified as a	137347
third party price reduction or discount on the invoice received by	137348
the consumer, or on a coupon, certificate, or other document	137349
presented by the consumer.	137350

137351

(i) Discounts, including cash, term, or coupons that are not	137352
reimbursed by a third party that are allowed by a vendor and taken	137353
by a consumer on a sale;	137354

(ii) Interest, financing, and carrying charges from credit	137355
extended on the sale of tangible personal property or services, if	137356
the amount is separately stated on the invoice, bill of sale, or	137357
similar document given to the purchaser;	137358

(iii) Any taxes legally imposed directly on the consumer that	137359
are separately stated on the invoice, bill of sale, or similar	137360
document given to the consumer. For the purpose of this division,	137361
the tax imposed under Chapter 5751. of the Revised Code is not a	137362
tax directly on the consumer, even if the tax or a portion thereof	137363
is separately stated.	137364

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	137365
section, any discount allowed by an automobile manufacturer to its	137366
employee, or to the employee of a supplier, on the purchase of a	137367
new motor vehicle from a new motor vehicle dealer in this state.	137368

(v) The dollar value of a gift card that is not sold by a	137369
vendor or purchased by a consumer and that is redeemed by the	137370
consumer in purchasing tangible personal property or services if	137371
the vendor is not reimbursed and does not receive compensation	137372
from a third party to cover all or part of the gift card value.	137373
For the purposes of this division, a gift card is not sold by a	137374
vendor or purchased by a consumer if it is distributed pursuant to	137375
an awards, loyalty, or promotional program. Past and present	137376
purchases of tangible personal property or services by the	137377
consumer shall not be treated as consideration exchanged for a	137378
gift card.	137379

(2) In the case of a sale of any new motor vehicle by a new	137380
motor vehicle dealer, as defined in section 4517.01 of the Revised	137381
Code, in which another motor vehicle is accepted by the dealer as	137382
part of the consideration received, "price" has the same meaning	137383
as in division (H)(1) of this section, reduced by the credit	137384
afforded the consumer by the dealer for the motor vehicle received	137385
in trade.	137386

(3) In the case of a sale of any watercraft or outboard motor	137387
by a watercraft dealer licensed in accordance with section	137388
1547.543 of the Revised Code, in which another watercraft,	137389
watercraft and trailer, or outboard motor is accepted by the	137390
dealer as part of the consideration received, "price" has the same	137391
meaning as in division (H)(1) of this section, reduced by the	137392
credit afforded the consumer by the dealer for the watercraft,	137393
watercraft and trailer, or outboard motor received in trade. As	137394
used in this division, "watercraft" includes an outdrive unit	137395
attached to the watercraft.	137396

(4) In the case of transactions for health care services	137397
under division (B)(11) of this section, "price" means the amount	137398
of managed care premiums received each month by a medicaid health	137399
insuring corporation.	137400

(I) "Receipts" means the total amount of the prices of the	137401
sales of vendors, provided that the dollar value of gift cards	137402
distributed pursuant to an awards, loyalty, or promotional	137403
program, and cash discounts allowed and taken on sales at the time	137404
they are consummated are not included, minus any amount deducted	137405
as a bad debt pursuant to section 5739.121 of the Revised Code.	137406
"Receipts" does not include the sale price of property returned or	137407
services rejected by consumers when the full sale price and tax	137408
are refunded either in cash or by credit.	137409

(J) "Place of business" means any location at which a person	137410
engages in business.	137411

(K) "Premises" includes any real property or portion thereof	137412
upon which any person engages in selling tangible personal	137413
property at retail or making retail sales and also includes any	137414
real property or portion thereof designated for, or devoted to,	137415
use in conjunction with the business engaged in by such person.	137416

(L) "Casual sale" means a sale of an item of tangible	137417
personal property that was obtained by the person making the sale,	137418
through purchase or otherwise, for the person's own use and was	137419
previously subject to any state's taxing jurisdiction on its sale	137420
or use, and includes such items acquired for the seller's use that	137421
are sold by an auctioneer employed directly by the person for such	137422
purpose, provided the location of such sales is not the	137423
auctioneer's permanent place of business. As used in this	137424
division, "permanent place of business" includes any location	137425
where such auctioneer has conducted more than two auctions during	137426
the year.	137427

(M) "Hotel" means every establishment kept, used, maintained,	137428
advertised, or held out to the public to be a place where sleeping	137429
accommodations are offered to guests, in which five or more rooms	137430
are used for the accommodation of such guests, whether the rooms	137431
are in one or several structures, except as otherwise provided in	137432
division (G) of section 5739.09 of the Revised Code.	137433

(N) "Transient guests" means persons occupying a room or	137434
rooms for sleeping accommodations for less than thirty consecutive	137435
days.	137436

(O) "Making retail sales" means the effecting of transactions	137437
wherein one party is obligated to pay the price and the other	137438
party is obligated to provide a service or to transfer title to or	137439
possession of the item sold. "Making retail sales" does not	137440
include the preliminary acts of promoting or soliciting the retail	137441
sales, other than the distribution of printed matter which	137442
displays or describes and prices the item offered for sale, nor	137443
does it include delivery of a predetermined quantity of tangible	137444
personal property or transportation of property or personnel to or	137445
from a place where a service is performed.	137446

(P) "Used directly in the rendition of a public utility	137447
service" means that property that is to be incorporated into and	137448
will become a part of the consumer's production, transmission,	137449
transportation, or distribution system and that retains its	137450
classification as tangible personal property after such	137451
incorporation; fuel or power used in the production, transmission,	137452
transportation, or distribution system; and tangible personal	137453
property used in the repair and maintenance of the production,	137454
transmission, transportation, or distribution system, including	137455
only such motor vehicles as are specially designed and equipped	137456
for such use. Tangible personal property and services used	137457
primarily in providing highway transportation for hire are not	137458
used directly in the rendition of a public utility service. In	137459
this definition, "public utility" includes a citizen of the United	137460
States holding, and required to hold, a certificate of public	137461
convenience and necessity issued under 49 U.S.C. 41102.	137462

(Q) "Refining" means removing or separating a desirable	137463
product from raw or contaminated materials by distillation or	137464
physical, mechanical, or chemical processes.	137465

(R) "Assembly" and "assembling" mean attaching or fitting	137466
together parts to form a product, but do not include packaging a	137467
product.	137468

(S) "Manufacturing operation" means a process in which	137469
materials are changed, converted, or transformed into a different	137470
state or form from which they previously existed and includes	137471
refining materials, assembling parts, and preparing raw materials	137472
and parts by mixing, measuring, blending, or otherwise committing	137473
such materials or parts to the manufacturing process.	137474
"Manufacturing operation" does not include packaging.	137475

(T) "Fiscal officer" means, with respect to a regional	137476
transit authority, the secretary-treasurer thereof, and with	137477
respect to a county that is a transit authority, the fiscal	137478
officer of the county transit board if one is appointed pursuant	137479
to section 306.03 of the Revised Code or the county auditor if the	137480
board of county commissioners operates the county transit system.	137481

(U) "Transit authority" means a regional transit authority	137482
created pursuant to section 306.31 of the Revised Code or a county	137483
in which a county transit system is created pursuant to section	137484
306.01 of the Revised Code. For the purposes of this chapter, a	137485
transit authority must extend to at least the entire area of a	137486
single county. A transit authority that includes territory in more	137487
than one county must include all the area of the most populous	137488
county that is a part of such transit authority. County population	137489
shall be measured by the most recent census taken by the United	137490
States census bureau.	137491

(V) "Legislative authority" means, with respect to a regional	137492
transit authority, the board of trustees thereof, and with respect	137493
to a county that is a transit authority, the board of county	137494
commissioners.	137495

(W) "Territory of the transit authority" means all of the	137496
area included within the territorial boundaries of a transit	137497
authority as they from time to time exist. Such territorial	137498
boundaries must at all times include all the area of a single	137499
county or all the area of the most populous county that is a part	137500
of such transit authority. County population shall be measured by	137501
the most recent census taken by the United States census bureau.	137502

(X) "Providing a service" means providing or furnishing	137503
anything described in division (B)(3) of this section for	137504
consideration.	137505

(Y)(1)(a) "Automatic data processing" means processing of	137506
others' data, including keypunching or similar data entry services	137507
together with verification thereof, or providing access to	137508
computer equipment for the purpose of processing data.	137509

(b) "Computer services" means providing services consisting	137510
of specifying computer hardware configurations and evaluating	137511
technical processing characteristics, computer programming, and	137512
training of computer programmers and operators, provided in	137513
conjunction with and to support the sale, lease, or operation of	137514
taxable computer equipment or systems.	137515

(c) "Electronic information services" means providing access	137516
to computer equipment by means of telecommunications equipment for	137517
the purpose of either of the following:	137518

(i) Examining or acquiring data stored in or accessible to	137519
the computer equipment;	137520

(ii) Placing data into the computer equipment to be retrieved	137521
by designated recipients with access to the computer equipment.	137522

For transactions occurring on or after the effective date of	137523
the amendment of this section by H.B. 157 of the 127th general	137524
assembly, December 21, 2007, "electronic information services"	137525
does not include electronic publishing as defined in division	137526
(LLL) of this section.	137527

(d) "Automatic data processing, computer services, or	137528
electronic information services" shall not include personal or	137529
professional services.	137530

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	137531
section, "personal and professional services" means all services	137532
other than automatic data processing, computer services, or	137533
electronic information services, including but not limited to:	137534

(a) Accounting and legal services such as advice on tax	137535
matters, asset management, budgetary matters, quality control,	137536
information security, and auditing and any other situation where	137537
the service provider receives data or information and studies,	137538
alters, analyzes, interprets, or adjusts such material;	137539

(b) Analyzing business policies and procedures;

137540

137541

(d) Feasibility studies, including economic and technical	137542
analysis of existing or potential computer hardware or software	137543
needs and alternatives;	137544

(e) Designing policies, procedures, and custom software for	137545
collecting business information, and determining how data should	137546
be summarized, sequenced, formatted, processed, controlled, and	137547
reported so that it will be meaningful to management;	137548

(f) Developing policies and procedures that document how	137549
business events and transactions are to be authorized, executed,	137550
and controlled;	137551

(g) Testing of business procedures;

137552

(h) Training personnel in business procedure applications;

137553

(i) Providing credit information to users of such information	137554
by a consumer reporting agency, as defined in the "Fair Credit	137555
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	137556
as hereafter amended, including but not limited to gathering,	137557
organizing, analyzing, recording, and furnishing such information	137558
by any oral, written, graphic, or electronic medium;	137559

(j) Providing debt collection services by any oral, written,	137560
graphic, or electronic means.	137561

The services listed in divisions (Y)(2)(a) to (j) of this	137562
section are not automatic data processing or computer services.	137563

(Z) "Highway transportation for hire" means the	137564
transportation of personal property belonging to others for	137565
consideration by any of the following:	137566

(1) The holder of a permit or certificate issued by this	137567
state or the United States authorizing the holder to engage in	137568
transportation of personal property belonging to others for	137569
consideration over or on highways, roadways, streets, or any	137570
similar public thoroughfare;	137571

(2) A person who engages in the transportation of personal	137572
property belonging to others for consideration over or on	137573
highways, roadways, streets, or any similar public thoroughfare	137574
but who could not have engaged in such transportation on December	137575
11, 1985, unless the person was the holder of a permit or	137576
certificate of the types described in division (Z)(1) of this	137577
section;	137578

(3) A person who leases a motor vehicle to and operates it	137579
for a person described by division (Z)(1) or (2) of this section.	137580

(AA)(1) "Telecommunications service" means the electronic	137581
transmission, conveyance, or routing of voice, data, audio, video,	137582
or any other information or signals to a point, or between or	137583
among points. "Telecommunications service" includes such	137584
transmission, conveyance, or routing in which computer processing	137585
applications are used to act on the form, code, or protocol of the	137586
content for purposes of transmission, conveyance, or routing	137587
without regard to whether the service is referred to as voice-over	137588
internet protocol service or is classified by the federal	137589
communications commission as enhanced or value-added.	137590
"Telecommunications service" does not include any of the	137591
following:	137592

(a) Data processing and information services that allow data	137593
to be generated, acquired, stored, processed, or retrieved and	137594
delivered by an electronic transmission to a consumer where the	137595
consumer's primary purpose for the underlying transaction is the	137596
processed data or information;	137597

(b) Installation or maintenance of wiring or equipment on a	137598
customer's premises;	137599

137600

(d) Advertising, including directory advertising;

137601

(e) Billing and collection services provided to third	137602
parties;	137603

(f) Internet access service;

137604

(g) Radio and television audio and video programming	137605
services, regardless of the medium, including the furnishing of	137606
transmission, conveyance, and routing of such services by the	137607
programming service provider. Radio and television audio and video	137608
programming services include, but are not limited to, cable	137609
service, as defined in 47 U.S.C. 522(6), and audio and video	137610
programming services delivered by commercial mobile radio service	137611
providers, as defined in 47 C.F.R. 20.3;	137612

(h) Ancillary service;

137613

(i) Digital products delivered electronically, including	137614
software, music, video, reading materials, or ring tones.	137615

(2) "Ancillary service" means a service that is associated	137616
with or incidental to the provision of telecommunications service,	137617
including conference bridging service, detailed telecommunications	137618
billing service, directory assistance, vertical service, and voice	137619
mail service. As used in this division:	137620

(a) "Conference bridging service" means an ancillary service	137621
that links two or more participants of an audio or video	137622
conference call, including providing a telephone number.	137623
"Conference bridging service" does not include telecommunications	137624
services used to reach the conference bridge.	137625

(b) "Detailed telecommunications billing service" means an	137626
ancillary service of separately stating information pertaining to	137627
individual calls on a customer's billing statement.	137628

(c) "Directory assistance" means an ancillary service of	137629
providing telephone number or address information.	137630

(d) "Vertical service" means an ancillary service that is	137631
offered in connection with one or more telecommunications	137632
services, which offers advanced calling features that allow	137633
customers to identify callers and manage multiple calls and call	137634
connections, including conference bridging service.	137635

(e) "Voice mail service" means an ancillary service that	137636
enables the customer to store, send, or receive recorded messages.	137637
"Voice mail service" does not include any vertical services that	137638
the customer may be required to have in order to utilize the voice	137639
mail service.	137640

(3) "900 service" means an inbound toll telecommunications	137641
service purchased by a subscriber that allows the subscriber's	137642
customers to call in to the subscriber's prerecorded announcement	137643
or live service, and which is typically marketed under the name	137644
"900" service" and any subsequent numbers designated by the	137645
federal communications commission. "900 service" does not include	137646
the charge for collection services provided by the seller of the	137647
telecommunications service to the subscriber, or services or	137648
products sold by the subscriber to the subscriber's customer.	137649

(4) "Prepaid calling service" means the right to access	137650
exclusively telecommunications services, which must be paid for in	137651
advance and which enables the origination of calls using an access	137652
number or authorization code, whether manually or electronically	137653
dialed, and that is sold in predetermined units or dollars of	137654
which the number declines with use in a known amount.	137655

(5) "Prepaid wireless calling service" means a	137656
telecommunications service that provides the right to utilize	137657
mobile telecommunications service as well as other	137658
non-telecommunications services, including the download of digital	137659
products delivered electronically, and content and ancillary	137660
services, that must be paid for in advance and that is sold in	137661
predetermined units or dollars of which the number declines with	137662
use in a known amount.	137663

(6) "Value-added non-voice data service" means a	137664
telecommunications service in which computer processing	137665
applications are used to act on the form, content, code, or	137666
protocol of the information or data primarily for a purpose other	137667
than transmission, conveyance, or routing.	137668

(7) "Coin-operated telephone service" means a	137669
telecommunications service paid for by inserting money into a	137670
telephone accepting direct deposits of money to operate.	137671

(8) "Customer" has the same meaning as in section 5739.034 of	137672
the Revised Code.	137673

(BB) "Laundry and dry cleaning services" means removing soil	137674
or dirt from towels, linens, articles of clothing, or other fabric	137675
items that belong to others and supplying towels, linens, articles	137676
of clothing, or other fabric items. "Laundry and dry cleaning	137677
services" does not include the provision of self-service	137678
facilities for use by consumers to remove soil or dirt from	137679
towels, linens, articles of clothing, or other fabric items.	137680

(CC) "Magazines distributed as controlled circulation	137681
publications" means magazines containing at least twenty-four	137682
pages, at least twenty-five per cent editorial content, issued at	137683
regular intervals four or more times a year, and circulated	137684
without charge to the recipient, provided that such magazines are	137685
not owned or controlled by individuals or business concerns which	137686
conduct such publications as an auxiliary to, and essentially for	137687
the advancement of the main business or calling of, those who own	137688
or control them.	137689

(DD) "Landscaping and lawn care service" means the services	137690
of planting, seeding, sodding, removing, cutting, trimming,	137691
pruning, mulching, aerating, applying chemicals, watering,	137692
fertilizing, and providing similar services to establish, promote,	137693
or control the growth of trees, shrubs, flowers, grass, ground	137694
cover, and other flora, or otherwise maintaining a lawn or	137695
landscape grown or maintained by the owner for ornamentation or	137696
other nonagricultural purpose. However, "landscaping and lawn care	137697
service" does not include the providing of such services by a	137698
person who has less than five thousand dollars in sales of such	137699
services during the calendar year.	137700

(EE) "Private investigation and security service" means the	137701
performance of any activity for which the provider of such service	137702
is required to be licensed pursuant to Chapter 4749. of the	137703
Revised Code, or would be required to be so licensed in performing	137704
such services in this state, and also includes the services of	137705
conducting polygraph examinations and of monitoring or overseeing	137706
the activities on or in, or the condition of, the consumer's home,	137707
business, or other facility by means of electronic or similar	137708
monitoring devices. "Private investigation and security service"	137709
does not include special duty services provided by off-duty police	137710
officers, deputy sheriffs, and other peace officers regularly	137711
employed by the state or a political subdivision.	137712

(FF) "Information services" means providing conversation,	137713
giving consultation or advice, playing or making a voice or other	137714
recording, making or keeping a record of the number of callers,	137715
and any other service provided to a consumer by means of a nine	137716
hundred telephone call, except when the nine hundred telephone	137717
call is the means by which the consumer makes a contribution to a	137718
recognized charity.	137719

(GG) "Research and development" means designing, creating, or	137720
formulating new or enhanced products, equipment, or manufacturing	137721
processes, and also means conducting scientific or technological	137722
inquiry and experimentation in the physical sciences with the goal	137723
of increasing scientific knowledge which may reveal the bases for	137724
new or enhanced products, equipment, or manufacturing processes.	137725

(HH) "Qualified research and development equipment" means	137726
capitalized tangible personal property, and leased personal	137727
property that would be capitalized if purchased, used by a person	137728
primarily to perform research and development. Tangible personal	137729
property primarily used in testing, as defined in division (A)(4)	137730
of section 5739.011 of the Revised Code, or used for recording or	137731
storing test results, is not qualified research and development	137732
equipment unless such property is primarily used by the consumer	137733
in testing the product, equipment, or manufacturing process being	137734
created, designed, or formulated by the consumer in the research	137735
and development activity or in recording or storing such test	137736
results.	137737

(II) "Building maintenance and janitorial service" means	137738
cleaning the interior or exterior of a building and any tangible	137739
personal property located therein or thereon, including any	137740
services incidental to such cleaning for which no separate charge	137741
is made. However, "building maintenance and janitorial service"	137742
does not include the providing of such service by a person who has	137743
less than five thousand dollars in sales of such service during	137744
the calendar year.	137745

(JJ) "Employment service" means providing or supplying	137746
personnel, on a temporary or long-term basis, to perform work or	137747
labor under the supervision or control of another, when the	137748
personnel so provided or supplied receive their wages, salary, or	137749
other compensation from the provider or supplier of the employment	137750
service or from a third party that provided or supplied the	137751
personnel to the provider or supplier. "Employment service" does	137752
not include:	137753

(1) Acting as a contractor or subcontractor, where the	137754
personnel performing the work are not under the direct control of	137755
the purchaser.	137756

(2) Medical and health care services.

137757

(3) Supplying personnel to a purchaser pursuant to a contract	137758
of at least one year between the service provider and the	137759
purchaser that specifies that each employee covered under the	137760
contract is assigned to the purchaser on a permanent basis.	137761

(4) Transactions between members of an affiliated group, as	137762
defined in division (B)(3)(e) of this section.	137763

(5) Transactions where the personnel so provided or supplied	137764
by a provider or supplier to a purchaser of an employment service	137765
are then provided or supplied by that purchaser to a third party	137766
as an employment service, except "employment service" does include	137767
the transaction between that purchaser and the third party.	137768

(KK) "Employment placement service" means locating or finding	137769
employment for a person or finding or locating an employee to fill	137770
an available position.	137771

(LL) "Exterminating service" means eradicating or attempting	137772
to eradicate vermin infestations from a building or structure, or	137773
the area surrounding a building or structure, and includes	137774
activities to inspect, detect, or prevent vermin infestation of a	137775
building or structure.	137776

(MM) "Physical fitness facility service" means all	137777
transactions by which a membership is granted, maintained, or	137778
renewed, including initiation fees, membership dues, renewal fees,	137779
monthly minimum fees, and other similar fees and dues, by a	137780
physical fitness facility such as an athletic club, health spa, or	137781
gymnasium, which entitles the member to use the facility for	137782
physical exercise.	137783

(NN) "Recreation and sports club service" means all	137784
transactions by which a membership is granted, maintained, or	137785
renewed, including initiation fees, membership dues, renewal fees,	137786
monthly minimum fees, and other similar fees and dues, by a	137787
recreation and sports club, which entitles the member to use the	137788
facilities of the organization. "Recreation and sports club" means	137789
an organization that has ownership of, or controls or leases on a	137790
continuing, long-term basis, the facilities used by its members	137791
and includes an aviation club, gun or shooting club, yacht club,	137792
card club, swimming club, tennis club, golf club, country club,	137793
riding club, amateur sports club, or similar organization.	137794

(OO) "Livestock" means farm animals commonly raised for food,	137795
food production, or other agricultural purposes, including, but	137796
not limited to, cattle, sheep, goats, swine, poultry, and captive	137797
deer. "Livestock" does not include invertebrates, amphibians,	137798
reptiles, domestic pets, animals for use in laboratories or for	137799
exhibition, or other animals not commonly raised for food or food	137800
production.	137801

(PP) "Livestock structure" means a building or structure used	137802
exclusively for the housing, raising, feeding, or sheltering of	137803
livestock, and includes feed storage or handling structures and	137804
structures for livestock waste handling.	137805

(QQ) "Horticulture" means the growing, cultivation, and	137806
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	137807
and nursery stock. As used in this division, "nursery stock" has	137808
the same meaning as in section 927.51 of the Revised Code.	137809

(RR) "Horticulture structure" means a building or structure	137810
used exclusively for the commercial growing, raising, or	137811
overwintering of horticultural products, and includes the area	137812
used for stocking, storing, and packing horticultural products	137813
when done in conjunction with the production of those products.	137814

(SS) "Newspaper" means an unbound publication bearing a title	137815
or name that is regularly published, at least as frequently as	137816
biweekly, and distributed from a fixed place of business to the	137817
public in a specific geographic area, and that contains a	137818
substantial amount of news matter of international, national, or	137819
local events of interest to the general public.	137820

(TT) "Professional racing team" means a person that employs	137821
at least twenty full-time employees for the purpose of conducting	137822
a motor vehicle racing business for profit. The person must	137823
conduct the business with the purpose of racing one or more motor	137824
racing vehicles in at least ten competitive professional racing	137825
events each year that comprise all or part of a motor racing	137826
series sanctioned by one or more motor racing sanctioning	137827
organizations. A "motor racing vehicle" means a vehicle for which	137828
the chassis, engine, and parts are designed exclusively for motor	137829
racing, and does not include a stock or production model vehicle	137830
that may be modified for use in racing. For the purposes of this	137831
division:	137832

(1) A "competitive professional racing event" is a motor	137833
vehicle racing event sanctioned by one or more motor racing	137834
sanctioning organizations, at which aggregate cash prizes in	137835
excess of eight hundred thousand dollars are awarded to the	137836
competitors.	137837

(2) "Full-time employee" means an individual who is employed	137838
for consideration for thirty-five or more hours a week, or who	137839
renders any other standard of service generally accepted by custom	137840
or specified by contract as full-time employment.	137841

(UU)(1) "Lease" or "rental" means any transfer of the	137842
possession or control of tangible personal property for a fixed or	137843
indefinite term, for consideration. "Lease" or "rental" includes	137844
future options to purchase or extend, and agreements described in	137845
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	137846
the amount of consideration may be increased or decreased by	137847
reference to the amount realized upon the sale or disposition of	137848
the property. "Lease" or "rental" does not include:	137849

(a) A transfer of possession or control of tangible personal	137850
property under a security agreement or a deferred payment plan	137851
that requires the transfer of title upon completion of the	137852
required payments;	137853

(b) A transfer of possession or control of tangible personal	137854
property under an agreement that requires the transfer of title	137855
upon completion of required payments and payment of an option	137856
price that does not exceed the greater of one hundred dollars or	137857
one per cent of the total required payments;	137858

(c) Providing tangible personal property along with an	137859
operator for a fixed or indefinite period of time, if the operator	137860
is necessary for the property to perform as designed. For purposes	137861
of this division, the operator must do more than maintain,	137862
inspect, or ~~set-up~~set up the tangible personal property.	137863

(2) "Lease" and "rental," as defined in division (UU) of this	137864
section, shall not apply to leases or rentals that exist before	137865
June 26, 2003.	137866

(3) "Lease" and "rental" have the same meaning as in division	137867
(UU)(1) of this section regardless of whether a transaction is	137868
characterized as a lease or rental under generally accepted	137869
accounting principles, the Internal Revenue Code, Title XIII of	137870
the Revised Code, or other federal, state, or local laws.	137871

(VV) "Mobile telecommunications service" has the same meaning	137872
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	137873
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	137874
on and after August 1, 2003, includes related fees and ancillary	137875
services, including universal service fees, detailed billing	137876
service, directory assistance, service initiation, voice mail	137877
service, and vertical services, such as caller ID and three-way	137878
calling.	137879

(WW) "Certified service provider" has the same meaning as in	137880
section 5740.01 of the Revised Code.	137881

(XX) "Satellite broadcasting service" means the distribution	137882
or broadcasting of programming or services by satellite directly	137883
to the subscriber's receiving equipment without the use of ground	137884
receiving or distribution equipment, except the subscriber's	137885
receiving equipment or equipment used in the uplink process to the	137886
satellite, and includes all service and rental charges, premium	137887
channels or other special services, installation and repair	137888
service charges, and any other charges having any connection with	137889
the provision of the satellite broadcasting service.	137890

(YY) "Tangible personal property" means personal property	137891
that can be seen, weighed, measured, felt, or touched, or that is	137892
in any other manner perceptible to the senses. For purposes of	137893
this chapter and Chapter 5741. of the Revised Code, "tangible	137894
personal property" includes motor vehicles, electricity, water,	137895
gas, steam, and prewritten computer software.	137896

(ZZ) "Direct mail" means printed material delivered or	137897
distributed by United States mail or other delivery service to a	137898
mass audience or to addressees on a mailing list provided by the	137899
consumer or at the direction of the consumer when the cost of the	137900
items are not billed directly to the recipients. "Direct mail"	137901
includes tangible personal property supplied directly or	137902
indirectly by the consumer to the direct mail vendor for inclusion	137903
in the package containing the printed material. "Direct mail" does	137904
not include multiple items of printed material delivered to a	137905
single address.	137906

(AAA) "Computer" means an electronic device that accepts	137907
information in digital or similar form and manipulates it for a	137908
result based on a sequence of instructions.	137909

(BBB) "Computer software" means a set of coded instructions	137910
designed to cause a computer or automatic data processing	137911
equipment to perform a task.	137912

(CCC) "Delivered electronically" means delivery of computer	137913
software from the seller to the purchaser by means other than	137914
tangible storage media.	137915

(DDD) "Prewritten computer software" means computer software,	137916
including prewritten upgrades, that is not designed and developed	137917
by the author or other creator to the specifications of a specific	137918
purchaser. The combining of two or more prewritten computer	137919
software programs or prewritten portions thereof does not cause	137920
the combination to be other than prewritten computer software.	137921
"Prewritten computer software" includes software designed and	137922
developed by the author or other creator to the specifications of	137923
a specific purchaser when it is sold to a person other than the	137924
purchaser. If a person modifies or enhances computer software of	137925
which the person is not the author or creator, the person shall be	137926
deemed to be the author or creator only of such person's	137927
modifications or enhancements. Prewritten computer software or a	137928
prewritten portion thereof that is modified or enhanced to any	137929
degree, where such modification or enhancement is designed and	137930
developed to the specifications of a specific purchaser, remains	137931
prewritten computer software; provided, however, that where there	137932
is a reasonable, separately stated charge or an invoice or other	137933
statement of the price given to the purchaser for the modification	137934
or enhancement, the modification or enhancement shall not	137935
constitute prewritten computer software.	137936

(EEE)(1) "Food" means substances, whether in liquid,	137937
concentrated, solid, frozen, dried, or dehydrated form, that are	137938
sold for ingestion or chewing by humans and are consumed for their	137939
taste or nutritional value. "Food" does not include alcoholic	137940
beverages, dietary supplements, soft drinks, or tobacco.	137941

(2) As used in division (EEE)(1) of this section:

137942

(a) "Alcoholic beverages" means beverages that are suitable	137943
for human consumption and contain one-half of one per cent or more	137944
of alcohol by volume.	137945

(b) "Dietary supplements" means any product, other than	137946
tobacco, that is intended to supplement the diet and that is	137947
intended for ingestion in tablet, capsule, powder, softgel,	137948
gelcap, or liquid form, or, if not intended for ingestion in such	137949
a form, is not represented as conventional food for use as a sole	137950
item of a meal or of the diet; that is required to be labeled as a	137951
dietary supplement, identifiable by the "supplement facts" box	137952
found on the label, as required by 21 C.F.R. 101.36; and that	137953
contains one or more of the following dietary ingredients:	137954

(i) A vitamin;

137955

(ii) A mineral;

137956

(iii) An herb or other botanical;

137957

(iv) An amino acid;

137958

(v) A dietary substance for use by humans to supplement the	137959
diet by increasing the total dietary intake;	137960

(vi) A concentrate, metabolite, constituent, extract, or	137961
combination of any ingredient described in divisions	137962
(EEE)(2)(b)(i) to (v) of this section.	137963

(c) "Soft drinks" means nonalcoholic beverages that contain	137964
natural or artificial sweeteners. "Soft drinks" does not include	137965
beverages that contain milk or milk products, soy, rice, or	137966
similar milk substitutes, or that contains greater than fifty per	137967
cent vegetable or fruit juice by volume.	137968

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	137969
tobacco, or any other item that contains tobacco.	137970

(FFF) "Drug" means a compound, substance, or preparation, and	137971
any component of a compound, substance, or preparation, other than	137972
food, dietary supplements, or alcoholic beverages that is	137973
recognized in the official United States pharmacopoeia, official	137974
homeopathic pharmacopoeia of the United States, or official	137975
national formulary, and supplements to them; is intended for use	137976
in the diagnosis, cure, mitigation, treatment, or prevention of	137977
disease; or is intended to affect the structure or any function of	137978
the body.	137979

(GGG) "Prescription" means an order, formula, or recipe	137980
issued in any form of oral, written, electronic, or other means of	137981
transmission by a duly licensed practitioner authorized by the	137982
laws of this state to issue a prescription.	137983

(HHH) "Durable medical equipment" means equipment, including	137984
repair and replacement parts for such equipment, that can	137985
withstand repeated use, is primarily and customarily used to serve	137986
a medical purpose, generally is not useful to a person in the	137987
absence of illness or injury, and is not worn in or on the body.	137988
"Durable medical equipment" does not include mobility enhancing	137989
equipment.	137990

(III) "Mobility enhancing equipment" means equipment,	137991
including repair and replacement parts for such equipment, that is	137992
primarily and customarily used to provide or increase the ability	137993
to move from one place to another and is appropriate for use	137994
either in a home or a motor vehicle, that is not generally used by	137995
persons with normal mobility, and that does not include any motor	137996
vehicle or equipment on a motor vehicle normally provided by a	137997
motor vehicle manufacturer. "Mobility enhancing equipment" does	137998
not include durable medical equipment.	137999

(JJJ) "Prosthetic device" means a replacement, corrective, or	138000
supportive device, including repair and replacement parts for the	138001
device, worn on or in the human body to artificially replace a	138002
missing portion of the body, prevent or correct physical deformity	138003
or malfunction, or support a weak or deformed portion of the body.	138004
As used in this division, "prosthetic device" does not include	138005
corrective eyeglasses, contact lenses, or dental prosthesis.	138006

(KKK)(1) "Fractional aircraft ownership program" means a	138007
program in which persons within an affiliated group sell and	138008
manage fractional ownership program aircraft, provided that at	138009
least one hundred airworthy aircraft are operated in the program	138010
and the program meets all of the following criteria:	138011

(a) Management services are provided by at least one program	138012
manager within an affiliated group on behalf of the fractional	138013
owners.	138014

(b) Each program aircraft is owned or possessed by at least	138015
one fractional owner.	138016

(c) Each fractional owner owns or possesses at least a	138017
one-sixteenth interest in at least one fixed-wing program	138018
aircraft.	138019

(d) A dry-lease aircraft interchange arrangement is in effect	138020
among all of the fractional owners.	138021

(e) Multi-year program agreements are in effect regarding the	138022
fractional ownership, management services, and dry-lease aircraft	138023
interchange arrangement aspects of the program.	138024

(2) As used in division (KKK)(1) of this section:

138025

(a) "Affiliated group" has the same meaning as in division	138026
(B)(3)(e) of this section.	138027

(b) "Fractional owner" means a person that owns or possesses	138028
at least a one-sixteenth interest in a program aircraft and has	138029
entered into the agreements described in division (KKK)(1)(e) of	138030
this section.	138031

(c) "Fractional ownership program aircraft" or "program	138032
aircraft" means a turbojet aircraft that is owned or possessed by	138033
a fractional owner and that has been included in a dry-lease	138034
aircraft interchange arrangement and agreement under divisions	138035
(KKK)(1)(d) and (e) of this section, or an aircraft a program	138036
manager owns or possesses primarily for use in a fractional	138037
aircraft ownership program.	138038

(d) "Management services" means administrative and aviation	138039
support services furnished under a fractional aircraft ownership	138040
program in accordance with a management services agreement under	138041
division (KKK)(1)(e) of this section, and offered by the program	138042
manager to the fractional owners, including, at a minimum, the	138043
establishment and implementation of safety guidelines; the	138044
coordination of the scheduling of the program aircraft and crews;	138045
program aircraft maintenance; program aircraft insurance; crew	138046
training for crews employed, furnished, or contracted by the	138047
program manager or the fractional owner; the satisfaction of	138048
record-keeping requirements; and the development and use of an	138049
operations manual and a maintenance manual for the fractional	138050
aircraft ownership program.	138051

(e) "Program manager" means the person that offers management	138052
services to fractional owners pursuant to a management services	138053
agreement under division (KKK)(1)(e) of this section.	138054

(LLL) "Electronic publishing" means providing access to one	138055
or more of the following primarily for business customers,	138056
including the federal government or a state government or a	138057
political subdivision thereof, to conduct research: news;	138058
business, financial, legal, consumer, or credit materials;	138059
editorials, columns, reader commentary, or features; photos or	138060
images; archival or research material; legal notices, identity	138061
verification, or public records; scientific, educational,	138062
instructional, technical, professional, trade, or other literary	138063
materials; or other similar information which has been gathered	138064
and made available by the provider to the consumer in an	138065
electronic format. Providing electronic publishing includes the	138066
functions necessary for the acquisition, formatting, editing,	138067
storage, and dissemination of data or information that is the	138068
subject of a sale.	138069

(MMM) "Medicaid health insuring corporation" means a health	138070
insuring corporation that holds a certificate of authority under	138071
Chapter 1751. of the Revised Code and is under contract with the	138072
department of job and family services pursuant to section 5111.17	138073
of the Revised Code.	138074

(NNN) "Managed care premium" means any premium, capitation,	138075
or other payment a medicaid health insuring corporation receives	138076
for providing or arranging for the provision of health care	138077
services to its members or enrollees residing in this state.	138078

(OOO) "Captive deer" means deer and other cervidae that have	138079
been legally acquired, or their offspring, that are privately	138080
owned for agricultural or farming purposes.	138081

(PPP) "Gift card" means a document, card, certificate, or	138082
other record, whether tangible or intangible, that may be redeemed	138083
by a consumer for a dollar value when making a purchase of	138084
tangible personal property or services.	138085

Sec. 5739.02. For the purpose of providing revenue with	138086
which to meet the needs of the state, for the use of the general	138087
revenue fund of the state, for the purpose of securing a thorough	138088
and efficient system of common schools throughout the state, for	138089
the purpose of affording revenues, in addition to those from	138090
general property taxes, permitted under constitutional	138091
limitations, and from other sources, for the support of local	138092
governmental functions, and for the purpose of reimbursing the	138093
state for the expense of administering this chapter, an excise tax	138094
is hereby levied on each retail sale made in this state.	138095

(A)(1) The tax shall be collected as provided in section	138096
5739.025 of the Revised Code. The rate of the tax shall be five	138097
and one-half per cent. The tax applies and is collectible when the	138098
sale is made, regardless of the time when the price is paid or	138099
delivered.	138100

(2) In the case of the lease or rental, with a fixed term of	138101
more than thirty days or an indefinite term with a minimum period	138102
of more than thirty days, of any motor vehicles designed by the	138103
manufacturer to carry a load of not more than one ton, watercraft,	138104
outboard motor, or aircraft, or of any tangible personal property,	138105
other than motor vehicles designed by the manufacturer to carry a	138106
load of more than one ton, to be used by the lessee or renter	138107
primarily for business purposes, the tax shall be collected by the	138108
vendor at the time the lease or rental is consummated and shall be	138109
calculated by the vendor on the basis of the total amount to be	138110
paid by the lessee or renter under the lease agreement. If the	138111
total amount of the consideration for the lease or rental includes	138112
amounts that are not calculated at the time the lease or rental is	138113
executed, the tax shall be calculated and collected by the vendor	138114
at the time such amounts are billed to the lessee or renter. In	138115
the case of an open-end lease or rental, the tax shall be	138116
calculated by the vendor on the basis of the total amount to be	138117
paid during the initial fixed term of the lease or rental, and for	138118
each subsequent renewal period as it comes due. As used in this	138119
division, "motor vehicle" has the same meaning as in section	138120
4501.01 of the Revised Code, and "watercraft" includes an outdrive	138121
unit attached to the watercraft.	138122

A lease with a renewal clause and a termination penalty or	138123
similar provision that applies if the renewal clause is not	138124
exercised is presumed to be a sham transaction. In such a case,	138125
the tax shall be calculated and paid on the basis of the entire	138126
length of the lease period, including any renewal periods, until	138127
the termination penalty or similar provision no longer applies.	138128
The taxpayer shall bear the burden, by a preponderance of the	138129
evidence, that the transaction or series of transactions is not a	138130
sham transaction.	138131

(3) Except as provided in division (A)(2) of this section, in	138132
the case of a sale, the price of which consists in whole or in	138133
part of the lease or rental of tangible personal property, the tax	138134
shall be measured by the installments of that lease or rental.	138135

(4) In the case of a sale of a physical fitness facility	138136
service or recreation and sports club service, the price of which	138137
consists in whole or in part of a membership for the receipt of	138138
the benefit of the service, the tax applicable to the sale shall	138139
be measured by the installments thereof.	138140

(B) The tax does not apply to the following:

138141

(1) Sales to the state or any of its political subdivisions,	138142
or to any other state or its political subdivisions if the laws of	138143
that state exempt from taxation sales made to this state and its	138144
political subdivisions;	138145

(2) Sales of food for human consumption off the premises	138146
where sold;	138147

(3) Sales of food sold to students only in a cafeteria,	138148
dormitory, fraternity, or sorority maintained in a private,	138149
public, or parochial school, college, or university;	138150

(4) Sales of newspapers and of magazine subscriptions and	138151
sales or transfers of magazines distributed as controlled	138152
circulation publications;	138153

(5) The furnishing, preparing, or serving of meals without	138154
charge by an employer to an employee provided the employer records	138155
the meals as part compensation for services performed or work	138156
done;	138157

(6) Sales of motor fuel upon receipt, use, distribution, or	138158
sale of which in this state a tax is imposed by the law of this	138159
state, but this exemption shall not apply to the sale of motor	138160
fuel on which a refund of the tax is allowable under division (A)	138161
of section 5735.14 of the Revised Code; and the tax commissioner	138162
may deduct the amount of tax levied by this section applicable to	138163
the price of motor fuel when granting a refund of motor fuel tax	138164
pursuant to division (A) of section 5735.14 of the Revised Code	138165
and shall cause the amount deducted to be paid into the general	138166
revenue fund of this state;	138167

(7) Sales of natural gas by a natural gas company, of water	138168
by a water-works company, or of steam by a heating company, if in	138169
each case the thing sold is delivered to consumers through pipes	138170
or conduits, and all sales of communications services by a	138171
telegraph company, all terms as defined in section 5727.01 of the	138172
Revised Code, and sales of electricity delivered through wires;	138173

(8) Casual sales by a person, or auctioneer employed directly	138174
by the person to conduct such sales, except as to such sales of	138175
motor vehicles, watercraft or outboard motors required to be	138176
titled under section 1548.06 of the Revised Code, watercraft	138177
documented with the United States coast guard, snowmobiles, and	138178
all-purpose vehicles as defined in section 4519.01 of the Revised	138179
Code;	138180

(9)(a) Sales of services or tangible personal property, other	138181
than motor vehicles, mobile homes, and manufactured homes, by	138182
churches, organizations exempt from taxation under section	138183
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	138184
organizations operated exclusively for charitable purposes as	138185
defined in division (B)(12) of this section, provided that the	138186
number of days on which such tangible personal property or	138187
services, other than items never subject to the tax, are sold does	138188
not exceed six in any calendar year, except as otherwise provided	138189
in division (B)(9)(b) of this section. If the number of days on	138190
which such sales are made exceeds six in any calendar year, the	138191
church or organization shall be considered to be engaged in	138192
business and all subsequent sales by it shall be subject to the	138193
tax. In counting the number of days, all sales by groups within a	138194
church or within an organization shall be considered to be sales	138195
of that church or organization.	138196

(b) The limitation on the number of days on which tax-exempt	138197
sales may be made by a church or organization under division	138198
(B)(9)(a) of this section does not apply to sales made by student	138199
clubs and other groups of students of a primary or secondary	138200
school, or a parent-teacher association, booster group, or similar	138201
organization that raises money to support or fund curricular or	138202
extracurricular activities of a primary or secondary school.	138203

(c) Divisions (B)(9)(a) and (b) of this section do not apply	138204
to sales by a noncommercial educational radio or television	138205
broadcasting station.	138206

(10) Sales not within the taxing power of this state under	138207
the Constitution or laws of the United States or the Constitution	138208
of this state;	138209

(11) Except for transactions that are sales under division	138210
(B)(3)(r) of section 5739.01 of the Revised Code, the	138211
transportation of persons or property, unless the transportation	138212
is by a private investigation and security service;	138213

(12) Sales of tangible personal property or services to	138214
churches, to organizations exempt from taxation under section	138215
501(c)(3) of the Internal Revenue Code of 1986, and to any other	138216
nonprofit organizations operated exclusively for charitable	138217
purposes in this state, no part of the net income of which inures	138218
to the benefit of any private shareholder or individual, and no	138219
substantial part of the activities of which consists of carrying	138220
on propaganda or otherwise attempting to influence legislation;	138221
sales to offices administering one or more homes for the aged or	138222
one or more hospital facilities exempt under section 140.08 of the	138223
Revised Code; and sales to organizations described in division (D)	138224
of section 5709.12 of the Revised Code.	138225

"Charitable purposes" means the relief of poverty; the	138226
improvement of health through the alleviation of illness, disease,	138227
or injury; the operation of an organization exclusively for the	138228
provision of professional, laundry, printing, and purchasing	138229
services to hospitals or charitable institutions; the operation of	138230
a home for the aged, as defined in section 5701.13 of the Revised	138231
Code; the operation of a radio or television broadcasting station	138232
that is licensed by the federal communications commission as a	138233
noncommercial educational radio or television station; the	138234
operation of a nonprofit animal adoption service or a county	138235
humane society; the promotion of education by an institution of	138236
learning that maintains a faculty of qualified instructors,	138237
teaches regular continuous courses of study, and confers a	138238
recognized diploma upon completion of a specific curriculum; the	138239
operation of a parent-teacher association, booster group, or	138240
similar organization primarily engaged in the promotion and	138241
support of the curricular or extracurricular activities of a	138242
primary or secondary school; the operation of a community or area	138243
center in which presentations in music, dramatics, the arts, and	138244
related fields are made in order to foster public interest and	138245
education therein; the production of performances in music,	138246
dramatics, and the arts; or the promotion of education by an	138247
organization engaged in carrying on research in, or the	138248
dissemination of, scientific and technological knowledge and	138249
information primarily for the public.	138250

Nothing in this division shall be deemed to exempt sales to	138251
any organization for use in the operation or carrying on of a	138252
trade or business, or sales to a home for the aged for use in the	138253
operation of independent living facilities as defined in division	138254
(A) of section 5709.12 of the Revised Code.	138255

(13) Building and construction materials and services sold to	138256
construction contractors for incorporation into a structure or	138257
improvement to real property under a construction contract with	138258
this state or a political subdivision of this state, or with the	138259
United States government or any of its agencies; building and	138260
construction materials and services sold to construction	138261
contractors for incorporation into a structure or improvement to	138262
real property that are accepted for ownership by this state or any	138263
of its political subdivisions, or by the United States government	138264
or any of its agencies at the time of completion of the structures	138265
or improvements; building and construction materials sold to	138266
construction contractors for incorporation into a horticulture	138267
structure or livestock structure for a person engaged in the	138268
business of horticulture or producing livestock; building	138269
materials and services sold to a construction contractor for	138270
incorporation into a house of public worship or religious	138271
education, or a building used exclusively for charitable purposes	138272
under a construction contract with an organization whose purpose	138273
is as described in division (B)(12) of this section; building	138274
materials and services sold to a construction contractor for	138275
incorporation into a building under a construction contract with	138276
an organization exempt from taxation under section 501(c)(3) of	138277
the Internal Revenue Code of 1986 when the building is to be used	138278
exclusively for the organization's exempt purposes; building and	138279
construction materials sold for incorporation into the original	138280
construction of a sports facility under section 307.696 of the	138281
Revised Code; building and construction materials and services	138282
sold to a construction contractor for incorporation into real	138283
property outside this state if such materials and services, when	138284
sold to a construction contractor in the state in which the real	138285
property is located for incorporation into real property in that	138286
state, would be exempt from a tax on sales levied by that state;	138287
and, until one calendar year after the construction of a	138288
convention center that qualifies for property tax exemption under	138289
section 5709.084 of the Revised Code is completed, building and	138290
construction materials and services sold to a construction	138291
contractor for incorporation into the real property comprising	138292
that convention center;	138293

(14) Sales of ships or vessels or rail rolling stock used or	138294
to be used principally in interstate or foreign commerce, and	138295
repairs, alterations, fuel, and lubricants for such ships or	138296
vessels or rail rolling stock;	138297

(15) Sales to persons primarily engaged in any of the	138298
activities mentioned in division (B)(42)(a), (g), or (h) of this	138299
section, to persons engaged in making retail sales, or to persons	138300
who purchase for sale from a manufacturer tangible personal	138301
property that was produced by the manufacturer in accordance with	138302
specific designs provided by the purchaser, of packages, including	138303
material, labels, and parts for packages, and of machinery,	138304
equipment, and material for use primarily in packaging tangible	138305
personal property produced for sale, including any machinery,	138306
equipment, and supplies used to make labels or packages, to	138307
prepare packages or products for labeling, or to label packages or	138308
products, by or on the order of the person doing the packaging, or	138309
sold at retail. "Packages" includes bags, baskets, cartons,	138310
crates, boxes, cans, bottles, bindings, wrappings, and other	138311
similar devices and containers, but does not include motor	138312
vehicles or bulk tanks, trailers, or similar devices attached to	138313
motor vehicles. "Packaging" means placing in a package. Division	138314
(B)(15) of this section does not apply to persons engaged in	138315
highway transportation for hire.	138316

(16) Sales of food to persons using supplemental nutrition	138317
assistance program benefits to purchase the food. As used in this	138318
division, "food" has the same meaning as in 7 U.S.C. 2012 and	138319
federal regulations adopted pursuant to the Food and Nutrition Act	138320
of 2008.	138321

(17) Sales to persons engaged in farming, agriculture,	138322
horticulture, or floriculture, of tangible personal property for	138323
use or consumption primarily in the production by farming,	138324
agriculture, horticulture, or floriculture of other tangible	138325
personal property for use or consumption primarily in the	138326
production of tangible personal property for sale by farming,	138327
agriculture, horticulture, or floriculture; or material and parts	138328
for incorporation into any such tangible personal property for use	138329
or consumption in production; and of tangible personal property	138330
for such use or consumption in the conditioning or holding of	138331
products produced by and for such use, consumption, or sale by	138332
persons engaged in farming, agriculture, horticulture, or	138333
floriculture, except where such property is incorporated into real	138334
property;	138335

(18) Sales of drugs for a human being that may be dispensed	138336
only pursuant to a prescription; insulin as recognized in the	138337
official United States pharmacopoeia; urine and blood testing	138338
materials when used by diabetics or persons with hypoglycemia to	138339
test for glucose or acetone; hypodermic syringes and needles when	138340
used by diabetics for insulin injections; epoetin alfa when	138341
purchased for use in the treatment of persons with medical	138342
disease; hospital beds when purchased by hospitals, nursing homes,	138343
or other medical facilities; and medical oxygen and medical	138344
oxygen-dispensing equipment when purchased by hospitals, nursing	138345
homes, or other medical facilities;	138346

(19) Sales of prosthetic devices, durable medical equipment	138347
for home use, or mobility enhancing equipment, when made pursuant	138348
to a prescription and when such devices or equipment are for use	138349
by a human being.	138350

(20) Sales of emergency and fire protection vehicles and	138351
equipment to nonprofit organizations for use solely in providing	138352
fire protection and emergency services, including trauma care and	138353
emergency medical services, for political subdivisions of the	138354
state;	138355

(21) Sales of tangible personal property manufactured in this	138356
state, if sold by the manufacturer in this state to a retailer for	138357
use in the retail business of the retailer outside of this state	138358
and if possession is taken from the manufacturer by the purchaser	138359
within this state for the sole purpose of immediately removing the	138360
same from this state in a vehicle owned by the purchaser;	138361

(22) Sales of services provided by the state or any of its	138362
political subdivisions, agencies, instrumentalities, institutions,	138363
or authorities, or by governmental entities of the state or any of	138364
its political subdivisions, agencies, instrumentalities,	138365
institutions, or authorities;	138366

(23) Sales of motor vehicles to nonresidents of this state	138367
under the circumstances described in division (B) of section	138368
5739.029 of the Revised Code;	138369

(24) Sales to persons engaged in the preparation of eggs for	138370
sale of tangible personal property used or consumed directly in	138371
such preparation, including such tangible personal property used	138372
for cleaning, sanitizing, preserving, grading, sorting, and	138373
classifying by size; packages, including material and parts for	138374
packages, and machinery, equipment, and material for use in	138375
packaging eggs for sale; and handling and transportation equipment	138376
and parts therefor, except motor vehicles licensed to operate on	138377
public highways, used in intraplant or interplant transfers or	138378
shipment of eggs in the process of preparation for sale, when the	138379
plant or plants within or between which such transfers or	138380
shipments occur are operated by the same person. "Packages"	138381
includes containers, cases, baskets, flats, fillers, filler flats,	138382
cartons, closure materials, labels, and labeling materials, and	138383
"packaging" means placing therein.	138384

(25)(a) Sales of water to a consumer for residential use;

138385

(b) Sales of water by a nonprofit corporation engaged	138386
exclusively in the treatment, distribution, and sale of water to	138387
consumers, if such water is delivered to consumers through pipes	138388
or tubing.	138389

(26) Fees charged for inspection or reinspection of motor	138390
vehicles under section 3704.14 of the Revised Code;	138391

(27) Sales to persons licensed to conduct a food service	138392
operation pursuant to section 3717.43 of the Revised Code, of	138393
tangible personal property primarily used directly for the	138394
following:	138395

(a) To prepare food for human consumption for sale;

138396

(b) To preserve food that has been or will be prepared for	138397
human consumption for sale by the food service operator, not	138398
including tangible personal property used to display food for	138399
selection by the consumer;	138400

(c) To clean tangible personal property used to prepare or	138401
serve food for human consumption for sale.	138402

(28) Sales of animals by nonprofit animal adoption services	138403
or county humane societies;	138404

(29) Sales of services to a corporation described in division	138405
(A) of section 5709.72 of the Revised Code, and sales of tangible	138406
personal property that qualifies for exemption from taxation under	138407
section 5709.72 of the Revised Code;	138408

(30) Sales and installation of agricultural land tile, as	138409
defined in division (B)(5)(a) of section 5739.01 of the Revised	138410
Code;	138411

(31) Sales and erection or installation of portable grain	138412
bins, as defined in division (B)(5)(b) of section 5739.01 of the	138413
Revised Code;	138414

(32) The sale, lease, repair, and maintenance of, parts for,	138415
or items attached to or incorporated in, motor vehicles that are	138416
primarily used for transporting tangible personal property	138417
belonging to others by a person engaged in highway transportation	138418
for hire, except for packages and packaging used for the	138419
transportation of tangible personal property;	138420

(33) Sales to the state headquarters of any veterans'	138421
organization in this state that is either incorporated and issued	138422
a charter by the congress of the United States or is recognized by	138423
the United States veterans administration, for use by the	138424
headquarters;	138425

(34) Sales to a telecommunications service vendor, mobile	138426
telecommunications service vendor, or satellite broadcasting	138427
service vendor of tangible personal property and services used	138428
directly and primarily in transmitting, receiving, switching, or	138429
recording any interactive, one- or two-way electromagnetic	138430
communications, including voice, image, data, and information,	138431
through the use of any medium, including, but not limited to,	138432
poles, wires, cables, switching equipment, computers, and record	138433
storage devices and media, and component parts for the tangible	138434
personal property. The exemption provided in this division shall	138435
be in lieu of all other exemptions under division (B)(42)(a) or	138436
(n) of this section to which the vendor may otherwise be entitled,	138437
based upon the use of the thing purchased in providing the	138438
telecommunications, mobile telecommunications, or satellite	138439
broadcasting service.	138440

(35)(a) Sales where the purpose of the consumer is to use or	138441
consume the things transferred in making retail sales and	138442
consisting of newspaper inserts, catalogues, coupons, flyers, gift	138443
certificates, or other advertising material that prices and	138444
describes tangible personal property offered for retail sale.	138445

(b) Sales to direct marketing vendors of preliminary	138446
materials such as photographs, artwork, and typesetting that will	138447
be used in printing advertising material; and of printed matter	138448
that offers free merchandise or chances to win sweepstake prizes	138449
and that is mailed to potential customers with advertising	138450
material described in division (B)(35)(a) of this section;	138451

(c) Sales of equipment such as telephones, computers,	138452
facsimile machines, and similar tangible personal property	138453
primarily used to accept orders for direct marketing retail sales.	138454

(d) Sales of automatic food vending machines that preserve	138455
food with a shelf life of forty-five days or less by refrigeration	138456
and dispense it to the consumer.	138457

For purposes of division (B)(35) of this section, "direct	138458
marketing" means the method of selling where consumers order	138459
tangible personal property by United States mail, delivery	138460
service, or telecommunication and the vendor delivers or ships the	138461
tangible personal property sold to the consumer from a warehouse,	138462
catalogue distribution center, or similar fulfillment facility by	138463
means of the United States mail, delivery service, or common	138464
carrier.	138465

(36) Sales to a person engaged in the business of	138466
horticulture or producing livestock of materials to be	138467
incorporated into a horticulture structure or livestock structure;	138468

(37) Sales of personal computers, computer monitors, computer	138469
keyboards, modems, and other peripheral computer equipment to an	138470
individual who is licensed or certified to teach in an elementary	138471
or a secondary school in this state for use by that individual in	138472
preparation for teaching elementary or secondary school students;	138473

(38) Sales to a professional racing team of any of the	138474
following:	138475

(a) Motor racing vehicles;

138476

(b) Repair services for motor racing vehicles;

138477

(c) Items of property that are attached to or incorporated in	138478
motor racing vehicles, including engines, chassis, and all other	138479
components of the vehicles, and all spare, replacement, and	138480
rebuilt parts or components of the vehicles; except not including	138481
tires, consumable fluids, paint, and accessories consisting of	138482
instrumentation sensors and related items added to the vehicle to	138483
collect and transmit data by means of telemetry and other forms of	138484
communication.	138485

(39) Sales of used manufactured homes and used mobile homes,	138486
as defined in section 5739.0210 of the Revised Code, made on or	138487
after January 1, 2000;	138488

(40) Sales of tangible personal property and services to a	138489
provider of electricity used or consumed directly and primarily in	138490
generating, transmitting, or distributing electricity for use by	138491
others, including property that is or is to be incorporated into	138492
and will become a part of the consumer's production, transmission,	138493
or distribution system and that retains its classification as	138494
tangible personal property after incorporation; fuel or power used	138495
in the production, transmission, or distribution of electricity;	138496
energy conversion equipment as defined in section 5727.01 of the	138497
Revised Code; and tangible personal property and services used in	138498
the repair and maintenance of the production, transmission, or	138499
distribution system, including only those motor vehicles as are	138500
specially designed and equipped for such use. The exemption	138501
provided in this division shall be in lieu of all other exemptions	138502
in division (B)(42)(a) or (n) of this section to which a provider	138503
of electricity may otherwise be entitled based on the use of the	138504
tangible personal property or service purchased in generating,	138505
transmitting, or distributing electricity.	138506

(41) Sales to a person providing services under division	138507
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	138508
personal property and services used directly and primarily in	138509
providing taxable services under that section.	138510

(42) Sales where the purpose of the purchaser is to do any of	138511
the following:	138512

(a) To incorporate the thing transferred as a material or a	138513
part into tangible personal property to be produced for sale by	138514
manufacturing, assembling, processing, or refining; or to use or	138515
consume the thing transferred directly in producing tangible	138516
personal property for sale by mining, including, without	138517
limitation, the extraction from the earth of all substances that	138518
are classed geologically as minerals, production of crude oil and	138519
natural gas, or directly in the rendition of a public utility	138520
service, except that the sales tax levied by this section shall be	138521
collected upon all meals, drinks, and food for human consumption	138522
sold when transporting persons. Persons engaged in rendering	138523
services in the exploration for, and production of, crude oil and	138524
natural gas for others are deemed engaged directly in the	138525
exploration for, and production of, crude oil and natural gas.	138526
This paragraph does not exempt from "retail sale" or "sales at	138527
retail" the sale of tangible personal property that is to be	138528
incorporated into a structure or improvement to real property.	138529

(b) To hold the thing transferred as security for the	138530
performance of an obligation of the vendor;	138531

(c) To resell, hold, use, or consume the thing transferred as	138532
evidence of a contract of insurance;	138533

(d) To use or consume the thing directly in commercial	138534
fishing;	138535

(e) To incorporate the thing transferred as a material or a	138536
part into, or to use or consume the thing transferred directly in	138537
the production of, magazines distributed as controlled circulation	138538
publications;	138539

(f) To use or consume the thing transferred in the production	138540
and preparation in suitable condition for market and sale of	138541
printed, imprinted, overprinted, lithographic, multilithic,	138542
blueprinted, photostatic, or other productions or reproductions of	138543
written or graphic matter;	138544

(g) To use the thing transferred, as described in section	138545
5739.011 of the Revised Code, primarily in a manufacturing	138546
operation to produce tangible personal property for sale;	138547

(h) To use the benefit of a warranty, maintenance or service	138548
contract, or similar agreement, as described in division (B)(7) of	138549
section 5739.01 of the Revised Code, to repair or maintain	138550
tangible personal property, if all of the property that is the	138551
subject of the warranty, contract, or agreement would not be	138552
subject to the tax imposed by this section;	138553

(i) To use the thing transferred as qualified research and	138554
development equipment;	138555

(j) To use or consume the thing transferred primarily in	138556
storing, transporting, mailing, or otherwise handling purchased	138557
sales inventory in a warehouse, distribution center, or similar	138558
facility when the inventory is primarily distributed outside this	138559
state to retail stores of the person who owns or controls the	138560
warehouse, distribution center, or similar facility, to retail	138561
stores of an affiliated group of which that person is a member, or	138562
by means of direct marketing. This division does not apply to	138563
motor vehicles registered for operation on the public highways. As	138564
used in this division, "affiliated group" has the same meaning as	138565
in division (B)(3)(e) of section 5739.01 of the Revised Code and	138566
"direct marketing" has the same meaning as in division (B)(35) of	138567
this section.	138568

(k) To use or consume the thing transferred to fulfill a	138569
contractual obligation incurred by a warrantor pursuant to a	138570
warranty provided as a part of the price of the tangible personal	138571
property sold or by a vendor of a warranty, maintenance or service	138572
contract, or similar agreement the provision of which is defined	138573
as a sale under division (B)(7) of section 5739.01 of the Revised	138574
Code;	138575

(l) To use or consume the thing transferred in the production	138576
of a newspaper for distribution to the public;	138577

(m) To use tangible personal property to perform a service	138578
listed in division (B)(3) of section 5739.01 of the Revised Code,	138579
if the property is or is to be permanently transferred to the	138580
consumer of the service as an integral part of the performance of	138581
the service;	138582

(n) To use or consume the thing transferred primarily in	138583
producing tangible personal property for sale by farming,	138584
agriculture, horticulture, or floriculture. Persons engaged in	138585
rendering farming, agriculture, horticulture, or floriculture	138586
services for others are deemed engaged primarily in farming,	138587
agriculture, horticulture, or floriculture. This paragraph does	138588
not exempt from "retail sale" or "sales at retail" the sale of	138589
tangible personal property that is to be incorporated into a	138590
structure or improvement to real property.	138591

(o) To use or consume the thing transferred in acquiring,	138592
formatting, editing, storing, and disseminating data or	138593
information by electronic publishing.	138594

As used in division (B)(42) of this section, "thing" includes	138595
all transactions included in divisions (B)(3)(a), (b), and (e) of	138596
section 5739.01 of the Revised Code.	138597

(43) Sales conducted through a coin operated device that	138598
activates vacuum equipment or equipment that dispenses water,	138599
whether or not in combination with soap or other cleaning agents	138600
or wax, to the consumer for the consumer's use on the premises in	138601
washing, cleaning, or waxing a motor vehicle, provided no other	138602
personal property or personal service is provided as part of the	138603
transaction.	138604

(44) Sales of replacement and modification parts for engines,	138605
airframes, instruments, and interiors in, and paint for, aircraft	138606
used primarily in a fractional aircraft ownership program, and	138607
sales of services for the repair, modification, and maintenance of	138608
such aircraft, and machinery, equipment, and supplies primarily	138609
used to provide those services.	138610

(45) Sales of telecommunications service that is used	138611
directly and primarily to perform the functions of a call center.	138612
As used in this division, "call center" means any physical	138613
location where telephone calls are placed or received in high	138614
volume for the purpose of making sales, marketing, customer	138615
service, technical support, or other specialized business	138616
activity, and that employs at least fifty individuals that engage	138617
in call center activities on a full-time basis, or sufficient	138618
individuals to fill fifty full-time equivalent positions.	138619

(46) Sales by a telecommunications service vendor of 900	138620
service to a subscriber. This division does not apply to	138621
information services, as defined in division (FF) of section	138622
5739.01 of the Revised Code.	138623

(47) Sales of value-added non-voice data service. This	138624
division does not apply to any similar service that is not	138625
otherwise a telecommunications service.	138626

(48)(a) Sales of machinery, equipment, and software to a	138627
qualified direct selling entity for use in a warehouse or	138628
distribution center primarily for storing, transporting, or	138629
otherwise handling inventory that is held for sale to independent	138630
salespersons who operate as direct sellers and that is held	138631
primarily for distribution outside this state;	138632

(b) As used in division (B)(48)(a) of this section:

138633

(i) "Direct seller" means a person selling consumer products	138634
to individuals for personal or household use and not from a fixed	138635
retail location, including selling such product at in-home product	138636
demonstrations, parties, and other one-on-one selling.	138637

(ii) "Qualified direct selling entity" means an entity	138638
selling to direct sellers at the time the entity enters into a tax	138639
credit agreement with the tax credit authority pursuant to section	138640
122.17 of the Revised Code, provided that the agreement was	138641
entered into on or after January 1, 2007. Neither contingencies	138642
relevant to the granting of, nor later developments with respect	138643
to, the tax credit shall impair the status of the qualified direct	138644
selling entity under division (B)(48) of this section after	138645
execution of the tax credit agreement by the tax credit authority.	138646

(c) Division (B)(48) of this section is limited to machinery,	138647
equipment, and software first stored, used, or consumed in this	138648
state within the period commencing June 24, 2008, and ending on	138649
the date that is five years after that date.	138650

(49)(a) Sales of materials, parts, equipment, or engines used	138651
in the repair or maintenance of aircraft or avionics systems of	138652
such aircraft, and sales of repair, remodeling, replacement, or	138653
maintenance services in this state performed on aircraft or on an	138654
aircraft's avionics, engine, or component materials or parts. As	138655
used in division (B)(49)(a) of this section, "aircraft" means	138656
aircraft of more than six thousand pounds maximum certified	138657
takeoff weight or used exclusively in general aviation.	138658

(b) Sales of tangible personal property, including materials,	138659
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	138660
acids, and other consumables, or services used or consumed in	138661
performing research and development activities with respect to	138662
aerospace vehicles, the parts, avionics systems, control systems,	138663
engines, software, component materials, or component parts of such	138664
aerospace vehicles, and human performance equipment and technology	138665
associated with operating and testing aerospace vehicles. As used	138666
in division (B)(49)(b) of this section, "aerospace vehicles" means	138667
any manned or unmanned aviation device including, but not limited	138668
to, aircraft, airplanes, helicopters, missiles, rockets, and space	138669
vehicles.	138670

(50) Sales of full flight simulators that are used for pilot	138671
or flight-crew training, sales of repair or replacement parts or	138672
components, and sales of repair or maintenance services for such	138673
full flight simulators. "Full flight simulator" means a replica of	138674
a specific type, or make, model, and series of aircraft cockpit.	138675
It includes the assemblage of equipment and computer programs	138676
necessary to represent aircraft operations in ground and flight	138677
conditions, a visual system providing an out-of-the-cockpit view,	138678
and a system that provides cues at least equivalent to those of a	138679
three-degree-of-freedom motion system, and has the full range of	138680
capabilities of the systems installed in the device as described	138681
in appendices A and B of part 60 of chapter 1 of title 14 of the	138682
Code of Federal Regulations.	138683

(51) Any transfer or lease of tangible personal property	138684
between the state and a successful proposer in accordance with	138685
sections 126.60 to 126.605 of the Revised Code, provided the	138686
property is part of a project as defined in section 126.60 of the	138687
Revised Code and the state retains ownership of the project or	138688
part thereof that is being transferred or leased, between the	138689
state and JobsOhio in accordance with section 4313.02 of the	138690
Revised Code.	138691

(52)(a) Sales to a qualifying corporation.

138692

(b) As used in division (B)(52) of this section:

138693

(i) "Qualifying corporation" means a nonprofit corporation	138694
organized in this state that leases from an eligible county land,	138695
buildings, structures, fixtures, and improvements to the land that	138696
are part of or used in a public recreational facility used by a	138697
major league professional athletic team or a class A to class AAA	138698
minor league affiliate of a major league professional athletic	138699
team for a significant portion of the team's home schedule,	138700
provided the following apply:	138701

(I) The facility is leased from the eligible county pursuant	138702
to a lease that requires substantially all of the revenue from the	138703
operation of the business or activity conducted by the nonprofit	138704
corporation at the facility in excess of operating costs, capital	138705
expenditures, and reserves to be paid to the eligible county at	138706
least once per calendar year.	138707

(II) Upon dissolution and liquidation of the nonprofit	138708
corporation, all of its net assets are distributable to the board	138709
of commissioners of the eligible county from which the corporation	138710
leases the facility.	138711

(ii) "Eligible county" has the same meaning as in section	138712
307.695 of the Revised Code.	138713

(C) For the purpose of the proper administration of this	138714
chapter, and to prevent the evasion of the tax, it is presumed	138715
that all sales made in this state are subject to the tax until the	138716
contrary is established.	138717

(D) The levy of this tax on retail sales of recreation and	138718
sports club service shall not prevent a municipal corporation from	138719
levying any tax on recreation and sports club dues or on any	138720
income generated by recreation and sports club dues.	138721

(E) The tax collected by the vendor from the consumer under	138722
this chapter is not part of the price, but is a tax collection for	138723
the benefit of the state, and of counties levying an additional	138724
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	138725
Code and of transit authorities levying an additional sales tax	138726
pursuant to section 5739.023 of the Revised Code. Except for the	138727
discount authorized under section 5739.12 of the Revised Code and	138728
the effects of any rounding pursuant to section 5703.055 of the	138729
Revised Code, no person other than the state or such a county or	138730
transit authority shall derive any benefit from the collection or	138731
payment of the tax levied by this section or section 5739.021,	138732
5739.023, or 5739.026 of the Revised Code.	138733

Sec. 5739.026. (A) A board of county commissioners may levy	138734
a tax of one-fourth or one-half of one per cent on every retail	138735
sale in the county, except sales of watercraft and outboard motors	138736
required to be titled pursuant to Chapter 1548. of the Revised	138737
Code and sales of motor vehicles, and may increase an existing	138738
rate of one-fourth of one per cent to one-half of one per cent, to	138739
pay the expenses of administering the tax and, except as provided	138740
in division (A)(6) of this section, for any one or more of the	138741
following purposes provided that the aggregate levy for all such	138742
purposes does not exceed one-half of one per cent:	138743

(1) To provide additional revenues for the payment of bonds	138744
or notes issued in anticipation of bonds issued by a convention	138745
facilities authority established by the board of county	138746
commissioners under Chapter 351. of the Revised Code and to	138747
provide additional operating revenues for the convention	138748
facilities authority;	138749

(2) To provide additional revenues for a transit authority	138750
operating in the county;	138751

(3) To provide additional revenue for the county's general	138752
fund;	138753

(4) To provide additional revenue for permanent improvements	138754
within the county to be distributed by the community improvements	138755
board in accordance with section 307.283 and to pay principal,	138756
interest, and premium on bonds issued under section 307.284 of the	138757
Revised Code;	138758

(5) To provide additional revenue for the acquisition,	138759
construction, equipping, or repair of any specific permanent	138760
improvement or any class or group of permanent improvements, which	138761
improvement or class or group of improvements shall be enumerated	138762
in the resolution required by division (D) of this section, and to	138763
pay principal, interest, premium, and other costs associated with	138764
the issuance of bonds or notes in anticipation of bonds issued	138765
pursuant to Chapter 133. of the Revised Code for the acquisition,	138766
construction, equipping, or repair of the specific permanent	138767
improvement or class or group of permanent improvements;	138768

(6) To provide revenue for the implementation and operation	138769
of a 9-1-1 system in the county. If the tax is levied or the rate	138770
increased exclusively for such purpose, the tax shall not be	138771
levied or the rate increased for more than five years. At the end	138772
of the last year the tax is levied or the rate increased, any	138773
balance remaining in the special fund established for such purpose	138774
shall remain in that fund and be used exclusively for such purpose	138775
until the fund is completely expended, and, notwithstanding	138776
section 5705.16 of the Revised Code, the board of county	138777
commissioners shall not petition for the transfer of money from	138778
such special fund, and the tax commissioner shall not approve such	138779
a petition.	138780

If the tax is levied or the rate increased for such purpose	138781
for more than five years, the board of county commissioners also	138782
shall levy the tax or increase the rate of the tax for one or more	138783
of the purposes described in divisions (A)(1) to (5) of this	138784
section and shall prescribe the method for allocating the revenues	138785
from the tax each year in the manner required by division (C) of	138786
this section.	138787

(7) To provide additional revenue for the operation or	138788
maintenance of a detention facility, as that term is defined under	138789
division (F) of section 2921.01 of the Revised Code;	138790

(8) To provide revenue to finance the construction or	138791
renovation of a sports facility, but only if the tax is levied for	138792
that purpose in the manner prescribed by section 5739.028 of the	138793
Revised Code.	138794

As used in division (A)(8) of this section:

138795

(a) "Sports facility" means a facility intended to house	138796
major league professional athletic teams.	138797

(b) "Constructing" or "construction" includes providing	138798
fixtures, furnishings, and equipment.	138799

(9) To provide additional revenue for the acquisition of	138800
agricultural easements, as defined in section 5301.67 of the	138801
Revised Code; to pay principal, interest, and premium on bonds	138802
issued under section 133.60 of the Revised Code; and for the	138803
supervision and enforcement of agricultural easements held by the	138804
county;	138805

(10) To provide revenue for the provision of ambulance,	138806
paramedic, or other emergency medical services;	138807

(11) To provide revenue for the operation of a lake	138808
facilities authority and the remediation of an impacted watershed	138809
by a lake facilities authority, as provided in Chapter 353. of the	138810
Revised Code.	138811

Pursuant to section 755.171 of the Revised Code, a board of	138812
county commissioners may pledge and contribute revenue from a tax	138813
levied for the purpose of division (A)(5) of this section to the	138814
payment of debt charges on bonds issued under section 755.17 of	138815
the Revised Code.	138816

The rate of tax shall be a multiple of one-fourth of one per	138817
cent, unless a portion of the rate of an existing tax levied under	138818
section 5739.023 of the Revised Code has been reduced, and the	138819
rate of tax levied under this section has been increased, pursuant	138820
to section 5739.028 of the Revised Code, in which case the	138821
aggregate of the rates of tax levied under this section and	138822
section 5739.023 of the Revised Code shall be a multiple of	138823
one-fourth of one per cent. The tax shall be levied and the rate	138824
increased pursuant to a resolution adopted by a majority of the	138825
members of the board. The board shall deliver a certified copy of	138826
the resolution to the tax commissioner, not later than the	138827
sixty-fifth day prior to the date on which the tax is to become	138828
effective, which shall be the first day of a calendar quarter.	138829

Prior to the adoption of any resolution to levy the tax or to	138830
increase the rate of tax exclusively for the purpose set forth in	138831
division (A)(3) of this section, the board of county commissioners	138832
shall conduct two public hearings on the resolution, the second	138833
hearing to be no fewer than three nor more than ten days after the	138834
first. Notice of the date, time, and place of the hearings shall	138835
be given by publication in a newspaper of general circulation in	138836
the county, or as provided in section 7.16 of the Revised Code,	138837
once a week on the same day of the week for two consecutive weeks.	138838
The second publication shall be no fewer than ten nor more than	138839
thirty days prior to the first hearing. Except as provided in	138840
division (E) of this section, the resolution shall be subject to a	138841
referendum as provided in sections 305.31 to 305.41 of the Revised	138842
Code. If the resolution is adopted as an emergency measure	138843
necessary for the immediate preservation of the public peace,	138844
health, or safety, it must receive an affirmative vote of all of	138845
the members of the board of county commissioners and shall state	138846
the reasons for the necessity.	138847

If the tax is for more than one of the purposes set forth in	138848
divisions (A)(1) to (7), (9), and (10) of this section, or is	138849
exclusively for one of the purposes set forth in division (A)(1),	138850
(2), (4), (5), (6), (7), (9), or (10) of this section, the	138851
resolution shall not go into effect unless it is approved by a	138852
majority of the electors voting on the question of the tax.	138853

(B) The board of county commissioners shall adopt a	138854
resolution under section 351.02 of the Revised Code creating the	138855
convention facilities authority, or under section 307.283 of the	138856
Revised Code creating the community improvements board, before	138857
adopting a resolution levying a tax for the purpose of a	138858
convention facilities authority under division (A)(1) of this	138859
section or for the purpose of a community improvements board under	138860
division (A)(4) of this section.	138861

(C)(1) If the tax is to be used for more than one of the	138862
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	138863
this section, the board of county commissioners shall establish	138864
the method that will be used to determine the amount or proportion	138865
of the tax revenue received by the county during each year that	138866
will be distributed for each of those purposes, including, if	138867
applicable, provisions governing the reallocation of a convention	138868
facilities authority's allocation if the authority is dissolved	138869
while the tax is in effect. The allocation method may provide that	138870
different proportions or amounts of the tax shall be distributed	138871
among the purposes in different years, but it shall clearly	138872
describe the method that will be used for each year. Except as	138873
otherwise provided in division (C)(2) of this section, the	138874
allocation method established by the board is not subject to	138875
amendment during the life of the tax.	138876

(2) Subsequent to holding a public hearing on the proposed	138877
amendment, the board of county commissioners may amend the	138878
allocation method established under division (C)(1) of this	138879
section for any year, if the amendment is approved by the	138880
governing board of each entity whose allocation for the year would	138881
be reduced by the proposed amendment. In the case of a tax that is	138882
levied for a continuing period of time, the board may not so amend	138883
the allocation method for any year before the sixth year that the	138884
tax is in effect.	138885

(a) If the additional revenues provided to the convention	138886
facilities authority are pledged by the authority for the payment	138887
of convention facilities authority revenue bonds for as long as	138888
such bonds are outstanding, no reduction of the authority's	138889
allocation of the tax shall be made for any year except to the	138890
extent that the reduced authority allocation, when combined with	138891
the authority's other revenues pledged for that purpose, is	138892
sufficient to meet the debt service requirements for that year on	138893
such bonds.	138894

(b) If the additional revenues provided to the county are	138895
pledged by the county for the payment of bonds or notes described	138896
in division (A)(4) or (5) of this section, for as long as such	138897
bonds or notes are outstanding, no reduction of the county's or	138898
the community improvements board's allocation of the tax shall be	138899
made for any year, except to the extent that the reduced county or	138900
community improvements board allocation is sufficient to meet the	138901
debt service requirements for that year on such bonds or notes.	138902

(c) If the additional revenues provided to the transit	138903
authority are pledged by the authority for the payment of revenue	138904
bonds issued under section 306.37 of the Revised Code, for as long	138905
as such bonds are outstanding, no reduction of the authority's	138906
allocation of tax shall be made for any year, except to the extent	138907
that the authority's reduced allocation, when combined with the	138908
authority's other revenues pledged for that purpose, is sufficient	138909
to meet the debt service requirements for that year on such bonds.	138910

(d) If the additional revenues provided to the county are	138911
pledged by the county for the payment of bonds or notes issued	138912
under section 133.60 of the Revised Code, for so long as the bonds	138913
or notes are outstanding, no reduction of the county's allocation	138914
of the tax shall be made for any year, except to the extent that	138915
the reduced county allocation is sufficient to meet the debt	138916
service requirements for that year on the bonds or notes.	138917

(D)(1) The resolution levying the tax or increasing the rate	138918
of tax shall state the rate of the tax or the rate of the	138919
increase; the purpose or purposes for which it is to be levied;	138920
the number of years for which it is to be levied or that it is for	138921
a continuing period of time; the allocation method required by	138922
division (C) of this section; and if required to be submitted to	138923
the electors of the county under division (A) of this section, the	138924
date of the election at which the proposal shall be submitted to	138925
the electors of the county, which shall be not less than ninety	138926
days after the certification of a copy of the resolution to the	138927
board of elections and, if the tax is to be levied exclusively for	138928
the purpose set forth in division (A)(3) of this section, shall	138929
not occur in February or August of any year. Upon certification of	138930
the resolution to the board of elections, the board of county	138931
commissioners shall notify the tax commissioner in writing of the	138932
levy question to be submitted to the electors. If approved by a	138933
majority of the electors, the tax shall become effective on the	138934
first day of a calendar quarter next following the sixty-fifth day	138935
following the date the board of county commissioners and tax	138936
commissioner receive from the board of elections the certification	138937
of the results of the election, except as provided in division (E)	138938
of this section.	138939

(2)(a) A resolution specifying that the tax is to be used	138940
exclusively for the purpose set forth in division (A)(3) of this	138941
section that is not adopted as an emergency measure may direct the	138942
board of elections to submit the question of levying the tax or	138943
increasing the rate of the tax to the electors of the county at a	138944
special election held on the date specified by the board of county	138945
commissioners in the resolution, provided that the election occurs	138946
not less than ninety days after the resolution is certified to the	138947
board of elections and the election is not held in February or	138948
August of any year. Upon certification of the resolution to the	138949
board of elections, the board of county commissioners shall notify	138950
the tax commissioner in writing of the levy question to be	138951
submitted to the electors. No resolution adopted under division	138952
(D)(2)(a) of this section shall go into effect unless approved by	138953
a majority of those voting upon it and, except as provided in	138954
division (E) of this section, not until the first day of a	138955
calendar quarter following the expiration of sixty-five days from	138956
the date the tax commissioner receives notice from the board of	138957
elections of the affirmative vote.	138958

(b) A resolution specifying that the tax is to be used	138959
exclusively for the purpose set forth in division (A)(3) of this	138960
section that is adopted as an emergency measure shall become	138961
effective as provided in division (A) of this section, but may	138962
direct the board of elections to submit the question of repealing	138963
the tax or increase in the rate of the tax to the electors of the	138964
county at the next general election in the county occurring not	138965
less than ninety days after the resolution is certified to the	138966
board of elections. Upon certification of the resolution to the	138967
board of elections, the board of county commissioners shall notify	138968
the tax commissioner in writing of the levy question to be	138969
submitted to the electors. The ballot question shall be the same	138970
as that prescribed in section 5739.022 of the Revised Code. The	138971
board of elections shall notify the board of county commissioners	138972
and the tax commissioner of the result of the election immediately	138973
after the result has been declared. If a majority of the qualified	138974
electors voting on the question of repealing the tax or increase	138975
in the rate of the tax vote for repeal of the tax or repeal of the	138976
increase, the board of county commissioners, on the first day of a	138977
calendar quarter following the expiration of sixty-five days after	138978
the date the board and tax commissioner received notice of the	138979
result of the election, shall, in the case of a repeal of the tax,	138980
cease to levy the tax, or, in the case of a repeal of an increase	138981
in the rate of the tax, cease to levy the increased rate and levy	138982
the tax at the rate at which it was imposed immediately prior to	138983
the increase in rate.	138984

(c) A board of county commissioners, by resolution, may	138985
reduce the rate of a tax levied exclusively for the purpose set	138986
forth in division (A)(3) of this section to a lower rate	138987
authorized by this section. Any such reduction shall be made	138988
effective on the first day of the calendar quarter next following	138989
the sixty-fifth day after the tax commissioner receives a	138990
certified copy of the resolution from the board.	138991

(E) If a vendor makes a sale in this state by printed catalog	138992
and the consumer computed the tax on the sale based on local rates	138993
published in the catalog, any tax levied or repealed or rate	138994
changed under this section shall not apply to such a sale until	138995
the first day of a calendar quarter following the expiration of	138996
one hundred twenty days from the date of notice by the tax	138997
commissioner pursuant to division (G) of this section.	138998

(F) The tax levied pursuant to this section shall be in	138999
addition to the tax levied by section 5739.02 of the Revised Code	139000
and any tax levied pursuant to section 5739.021 or 5739.023 of the	139001
Revised Code.	139002

A county that levies a tax pursuant to this section shall	139003
levy a tax at the same rate pursuant to section 5741.023 of the	139004
Revised Code.	139005

The additional tax levied by the county shall be collected	139006
pursuant to section 5739.025 of the Revised Code.	139007

Any tax levied pursuant to this section is subject to the	139008
exemptions provided in section 5739.02 of the Revised Code and in	139009
addition shall not be applicable to sales not within the taxing	139010
power of a county under the Constitution of the United States or	139011
the Ohio Constitution.	139012

(G) Upon receipt from a board of county commissioners of a	139013
certified copy of a resolution required by division (A) of this	139014
section, or from the board of elections a notice of the results of	139015
an election required by division (D)(1), (2)(a), (b), or (c) of	139016
this section, the tax commissioner shall provide notice of a tax	139017
rate change in a manner that is reasonably accessible to all	139018
affected vendors. The commissioner shall provide this notice at	139019
least sixty days prior to the effective date of the rate change.	139020
The commissioner, by rule, may establish the method by which	139021
notice will be provided.	139022

Sec. 5739.09. (A)(1) A board of county commissioners may, by	139023
resolution adopted by a majority of the members of the board, levy	139024
an excise tax not to exceed three per cent on transactions by	139025
which lodging by a hotel is or is to be furnished to transient	139026
guests. The board shall establish all regulations necessary to	139027
provide for the administration and allocation of the tax. The	139028
regulations may prescribe the time for payment of the tax, and may	139029
provide for the imposition of a penalty or interest, or both, for	139030
late payments, provided that the penalty does not exceed ten per	139031
cent of the amount of tax due, and the rate at which interest	139032
accrues does not exceed the rate per annum prescribed pursuant to	139033
section 5703.47 of the Revised Code. Except as provided in	139034
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	139035
regulations shall provide, after deducting the real and actual	139036
costs of administering the tax, for the return to each municipal	139037
corporation or township that does not levy an excise tax on the	139038
transactions, a uniform percentage of the tax collected in the	139039
municipal corporation or in the unincorporated portion of the	139040
township from each transaction, not to exceed thirty-three and	139041
one-third per cent. The remainder of the revenue arising from the	139042
tax shall be deposited in a separate fund and shall be spent	139043
solely to make contributions to the convention and visitors'	139044
bureau operating within the county, including a pledge and	139045
contribution of any portion of the remainder pursuant to an	139046
agreement authorized by section 307.695 of the Revised Code,	139047
provided that if the board of county commissioners of an eligible	139048
county as defined in section 307.695 of the Revised Code adopts a	139049
resolution amending a resolution levying a tax under this division	139050
to provide that the revenue from the tax shall be used by the	139051
board as described in division (H) of section 307.695 of the	139052
Revised Code, the remainder of the revenue shall be used as	139053
described in the resolution making that amendment. Except as	139054
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	139055
this section, on and after May 10, 1994, a board of county	139056
commissioners may not levy an excise tax pursuant to this division	139057
in any municipal corporation or township located wholly or partly	139058
within the county that has in effect an ordinance or resolution	139059
levying an excise tax pursuant to division (B) of this section.	139060
The board of a county that has levied a tax under division (C) of	139061
this section may, by resolution adopted within ninety days after	139062
July 15, 1985, by a majority of the members of the board, amend	139063
the resolution levying a tax under this division to provide for a	139064
portion of that tax to be pledged and contributed in accordance	139065
with an agreement entered into under section 307.695 of the	139066
Revised Code. A tax, any revenue from which is pledged pursuant to	139067
such an agreement, shall remain in effect at the rate at which it	139068
is imposed for the duration of the period for which the revenue	139069
from the tax has been so pledged.	139070

The board of county commissioners of an eligible county as	139071
defined in section 307.695 of the Revised Code may, by resolution	139072
adopted by a majority of the members of the board, amend a	139073
resolution levying a tax under this division to provide that the	139074
revenue from the tax shall be used by the board as described in	139075
division (H) of section 307.695 of the Revised Code, in which case	139076
the tax shall remain in effect at the rate at which it was imposed	139077
for the duration of any agreement entered into by the board under	139078
section 307.695 of the Revised Code, the duration during which any	139079
securities issued by the board under that section are outstanding,	139080
or the duration of the period during which the board owns a	139081
project as defined in section 307.695 of the Revised Code,	139082
whichever duration is longest.	139083

(2) A board of county commissioners that levies an excise tax	139084
under division (A)(1) of this section on June 30, 1997, at a rate	139085
of three per cent, and that has pledged revenue from the tax to an	139086
agreement entered into under section 307.695 of the Revised Code	139087
or, in the case of the board of county commissioners of an	139088
eligible county as defined in section 307.695 of the Revised Code,	139089
has amended a resolution levying a tax under division (C) of this	139090
section to provide that proceeds from the tax shall be used by the	139091
board as described in division (H) of section 307.695 of the	139092
Revised Code, may, at any time by a resolution adopted by a	139093
majority of the members of the board, amend the resolution levying	139094
a tax under division (A)(1) of this section to provide for an	139095
increase in the rate of that tax up to seven per cent on each	139096
transaction; to provide that revenue from the increase in the rate	139097
shall be used as described in division (H) of section 307.695 of	139098
the Revised Code or be spent solely to make contributions to the	139099
convention and visitors' bureau operating within the county to be	139100
used specifically for promotion, advertising, and marketing of the	139101
region in which the county is located; and to provide that the	139102
rate in excess of the three per cent levied under division (A)(1)	139103
of this section shall remain in effect at the rate at which it is	139104
imposed for the duration of the period during which any agreement	139105
is in effect that was entered into under section 307.695 of the	139106
Revised Code by the board of county commissioners levying a tax	139107
under division (A)(1) of this section, the duration of the period	139108
during which any securities issued by the board under division (I)	139109
of section 307.695 of the Revised Code are outstanding, or the	139110
duration of the period during which the board owns a project as	139111
defined in section 307.695 of the Revised Code, whichever duration	139112
is longest. The amendment also shall provide that no portion of	139113
that revenue need be returned to townships or municipal	139114
corporations as would otherwise be required under division (A)(1)	139115
of this section.	139116

(3) A board of county commissioners that levies a tax under	139117
division (A)(1) of this section on March 18, 1999, at a rate of	139118
three per cent may, by resolution adopted not later than	139119
forty-five days after March 18, 1999, amend the resolution levying	139120
the tax to provide for all of the following:	139121

(a) That the rate of the tax shall be increased by not more	139122
than an additional four per cent on each transaction;	139123

(b) That all of the revenue from the increase in the rate	139124
shall be pledged and contributed to a convention facilities	139125
authority established by the board of county commissioners under	139126
Chapter 351. of the Revised Code on or before November 15, 1998,	139127
and used to pay costs of constructing, maintaining, operating, and	139128
promoting a facility in the county, including paying bonds, or	139129
notes issued in anticipation of bonds, as provided by that	139130
chapter;	139131

(c) That no portion of the revenue arising from the increase	139132
in rate need be returned to municipal corporations or townships as	139133
otherwise required under division (A)(1) of this section;	139134

(d) That the increase in rate shall not be subject to	139135
diminution by initiative or referendum or by law while any bonds,	139136
or notes in anticipation of bonds, issued by the authority under	139137
Chapter 351. of the Revised Code to which the revenue is pledged,	139138
remain outstanding in accordance with their terms, unless	139139
provision is made by law or by the board of county commissioners	139140
for an adequate substitute therefor that is satisfactory to the	139141
trustee if a trust agreement secures the bonds.	139142

Division (A)(3) of this section does not apply to the board	139143
of county commissioners of any county in which a convention center	139144
or facility exists or is being constructed on November 15, 1998,	139145
or of any county in which a convention facilities authority levies	139146
a tax pursuant to section 351.021 of the Revised Code on that	139147
date.	139148

As used in division (A)(3) of this section, "cost" and	139149
"facility" have the same meanings as in section 351.01 of the	139150
Revised Code, and "convention center" has the same meaning as in	139151
section 307.695 of the Revised Code.	139152

(4)(a) A board of county commissioners that levies a tax	139153
under division (A)(1) of this section on June 30, 2002, at a rate	139154
of three per cent may, by resolution adopted not later than	139155
September 30, 2002, amend the resolution levying the tax to	139156
provide for all of the following:	139157

(i) That the rate of the tax shall be increased by not more	139158
than an additional three and one-half per cent on each	139159
transaction;	139160

(ii) That all of the revenue from the increase in rate shall	139161
be pledged and contributed to a convention facilities authority	139162
established by the board of county commissioners under Chapter	139163
351. of the Revised Code on or before May 15, 2002, and be used to	139164
pay costs of constructing, expanding, maintaining, operating, or	139165
promoting a convention center in the county, including paying	139166
bonds, or notes issued in anticipation of bonds, as provided by	139167
that chapter;	139168

(iii) That no portion of the revenue arising from the	139169
increase in rate need be returned to municipal corporations or	139170
townships as otherwise required under division (A)(1) of this	139171
section;	139172

(iv) That the increase in rate shall not be subject to	139173
diminution by initiative or referendum or by law while any bonds,	139174
or notes in anticipation of bonds, issued by the authority under	139175
Chapter 351. of the Revised Code to which the revenue is pledged,	139176
remain outstanding in accordance with their terms, unless	139177
provision is made by law or by the board of county commissioners	139178
for an adequate substitute therefor that is satisfactory to the	139179
trustee if a trust agreement secures the bonds.	139180

(b) Any board of county commissioners that, pursuant to	139181
division (A)(4)(a) of this section, has amended a resolution	139182
levying the tax authorized by division (A)(1) of this section may	139183
further amend the resolution to provide that the revenue referred	139184
to in division (A)(4)(a)(ii) of this section shall be pledged and	139185
contributed both to a convention facilities authority to pay the	139186
costs of constructing, expanding, maintaining, or operating one or	139187
more convention centers in the county, including paying bonds, or	139188
notes issued in anticipation of bonds, as provided in Chapter 351.	139189
of the Revised Code, and to a convention and visitors' bureau to	139190
pay the costs of promoting one or more convention centers in the	139191
county.	139192

As used in division (A)(4) of this section, "cost" has the	139193
same meaning as in section 351.01 of the Revised Code, and	139194
"convention center" has the same meaning as in section 307.695 of	139195
the Revised Code.	139196

(5)(a) As used in division (A)(5) of this section:

139197

(i) "Port authority" means a port authority created under	139198
Chapter 4582. of the Revised Code.	139199

(ii) "Port authority military-use facility" means port	139200
authority facilities on which or adjacent to which is located an	139201
installation of the armed forces of the United States, a reserve	139202
component thereof, or the national guard and at least part of	139203
which is made available for use, for consideration, by the armed	139204
forces of the United States, a reserve component thereof, or the	139205
national guard.	139206

(b) For the purpose of contributing revenue to pay operating	139207
expenses of a port authority that operates a port authority	139208
military-use facility, the board of county commissioners of a	139209
county that created, participated in the creation of, or has	139210
joined such a port authority may do one or both of the following:	139211

(i) Amend a resolution previously adopted under division	139212
(A)(1) of this section to designate some or all of the revenue	139213
from the tax levied under the resolution to be used for that	139214
purpose, notwithstanding that division;	139215

(ii) Amend a resolution previously adopted under division	139216
(A)(1) of this section to increase the rate of the tax by not more	139217
than an additional two per cent and use the revenue from the	139218
increase exclusively for that purpose.	139219

(c) If a board of county commissioners amends a resolution to	139220
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	139221
of this section, the board also may amend the resolution to	139222
specify that the increase in rate of the tax does not apply to	139223
"hotels," as otherwise defined in section 5739.01 of the Revised	139224
Code, having fewer rooms used for the accommodation of guests than	139225
a number of rooms specified by the board.	139226

(6) A board of county commissioners of a county organized	139227
under a county charter adopted pursuant to Article X, Section 3,	139228
Ohio Constitution, and that levies an excise tax under division	139229
(A)(1) of this section at a rate of three per cent and levies an	139230
additional excise tax under division (E) of this section at a rate	139231
of one and one-half per cent may, by resolution adopted not later	139232
than January 1, 2008, by a majority of the members of the board,	139233
amend the resolution levying a tax under division (A)(1) of this	139234
section to provide for an increase in the rate of that tax by not	139235
more than an additional one per cent on transactions by which	139236
lodging by a hotel is or is to be furnished to transient guests.	139237
Notwithstanding divisions (A)(1) and (E) of this section, the	139238
resolution shall provide that all of the revenue from the increase	139239
in rate, after deducting the real and actual costs of	139240
administering the tax, shall be used to pay the costs of	139241
improving, expanding, equipping, financing, or operating a	139242
convention center by a convention and visitors' bureau in the	139243
county. The increase in rate shall remain in effect for the period	139244
specified in the resolution, not to exceed ten years. The increase	139245
in rate shall be subject to the regulations adopted under division	139246
(A)(1) of this section, except that the resolution may provide	139247
that no portion of the revenue from the increase in the rate shall	139248
be returned to townships or municipal corporations as would	139249
otherwise be required under that division.	139250

(7) Division (A)(7) of this section applies only to a county	139251
with a population greater than sixty-five thousand and less than	139252
seventy thousand according to the most recent federal decennial	139253
census and in which, on December 31, 2006, an excise tax is levied	139254
under division (A)(1) of this section at a rate not less than and	139255
not greater than three per cent, and in which the most recent	139256
increase in the rate of that tax was enacted or took effect in	139257
November 1984.	139258

The board of county commissioners of a county to which this	139259
division applies, by resolution adopted by a majority of the	139260
members of the board, may increase the rate of the tax by not more	139261
than one per cent on transactions by which lodging by a hotel is	139262
or is to be furnished to transient guests. The increase in rate	139263
shall be for the purpose of paying expenses deemed necessary by	139264
the convention and visitors' bureau operating in the county to	139265
promote travel and tourism. The increase in rate shall remain in	139266
effect for the period specified in the resolution, not to exceed	139267
twenty years, provided that the increase in rate may not continue	139268
beyond the time when the purpose for which the increase is levied	139269
ceases to exist. If revenue from the increase in rate is pledged	139270
to the payment of debt charges on securities, the increase in rate	139271
is not subject to diminution by initiative or referendum or by law	139272
for so long as the securities are outstanding, unless provision is	139273
made by law or by the board of county commissioners for an	139274
adequate substitute for that revenue that is satisfactory to the	139275
trustee if a trust agreement secures payment of the debt charges.	139276
The increase in rate shall be subject to the regulations adopted	139277
under division (A)(1) of this section, except that the resolution	139278
may provide that no portion of the revenue from the increase in	139279
the rate shall be returned to townships or municipal corporations	139280
as would otherwise be required under division (A)(1) of this	139281
section. A resolution adopted under division (A)(7) of this	139282
section is subject to referendum under sections 305.31 to 305.99	139283
of the Revised Code.	139284

(B)(1) The legislative authority of a municipal corporation	139285
or the board of trustees of a township that is not wholly or	139286
partly located in a county that has in effect a resolution levying	139287
an excise tax pursuant to division (A)(1) of this section may, by	139288
ordinance or resolution, levy an excise tax not to exceed three	139289
per cent on transactions by which lodging by a hotel is or is to	139290
be furnished to transient guests. The legislative authority of the	139291
municipal corporation or the board of trustees of the township	139292
shall deposit at least fifty per cent of the revenue from the tax	139293
levied pursuant to this division into a separate fund, which shall	139294
be spent solely to make contributions to convention and visitors'	139295
bureaus operating within the county in which the municipal	139296
corporation or township is wholly or partly located, and the	139297
balance of that revenue shall be deposited in the general fund.	139298
The municipal corporation or township shall establish all	139299
regulations necessary to provide for the administration and	139300
allocation of the tax. The regulations may prescribe the time for	139301
payment of the tax, and may provide for the imposition of a	139302
penalty or interest, or both, for late payments, provided that the	139303
penalty does not exceed ten per cent of the amount of tax due, and	139304
the rate at which interest accrues does not exceed the rate per	139305
annum prescribed pursuant to section 5703.47 of the Revised Code.	139306
The levy of a tax under this division is in addition to any tax	139307
imposed on the same transaction by a municipal corporation or a	139308
township as authorized by division (A) of section 5739.08 of the	139309
Revised Code.	139310

(2)(a) The legislative authority of the most populous	139311
municipal corporation located wholly or partly in a county in	139312
which the board of county commissioners has levied a tax under	139313
division (A)(4) of this section may amend, on or before September	139314
30, 2002, that municipal corporation's ordinance or resolution	139315
that levies an excise tax on transactions by which lodging by a	139316
hotel is or is to be furnished to transient guests, to provide for	139317
all of the following:	139318

(i) That the rate of the tax shall be increased by not more	139319
than an additional one per cent on each transaction;	139320

(ii) That all of the revenue from the increase in rate shall	139321
be pledged and contributed to a convention facilities authority	139322
established by the board of county commissioners under Chapter	139323
351. of the Revised Code on or before May 15, 2002, and be used to	139324
pay costs of constructing, expanding, maintaining, operating, or	139325
promoting a convention center in the county, including paying	139326
bonds, or notes issued in anticipation of bonds, as provided by	139327
that chapter;	139328

(iii) That the increase in rate shall not be subject to	139329
diminution by initiative or referendum or by law while any bonds,	139330
or notes in anticipation of bonds, issued by the authority under	139331
Chapter 351. of the Revised Code to which the revenue is pledged,	139332
remain outstanding in accordance with their terms, unless	139333
provision is made by law, by the board of county commissioners, or	139334
by the legislative authority, for an adequate substitute therefor	139335
that is satisfactory to the trustee if a trust agreement secures	139336
the bonds.	139337

(b) The legislative authority of a municipal corporation	139338
that, pursuant to division (B)(2)(a) of this section, has amended	139339
its ordinance or resolution to increase the rate of the tax	139340
authorized by division (B)(1) of this section may further amend	139341
the ordinance or resolution to provide that the revenue referred	139342
to in division (B)(2)(a)(ii) of this section shall be pledged and	139343
contributed both to a convention facilities authority to pay the	139344
costs of constructing, expanding, maintaining, or operating one or	139345
more convention centers in the county, including paying bonds, or	139346
notes issued in anticipation of bonds, as provided in Chapter 351.	139347
of the Revised Code, and to a convention and visitors' bureau to	139348
pay the costs of promoting one or more convention centers in the	139349
county.	139350

As used in division (B)(2) of this section, "cost" has the	139351
same meaning as in section 351.01 of the Revised Code, and	139352
"convention center" has the same meaning as in section 307.695 of	139353
the Revised Code.	139354

(C) For the purposes described in section 307.695 of the	139355
Revised Code and to cover the costs of administering the tax, a	139356
board of county commissioners of a county where a tax imposed	139357
under division (A)(1) of this section is in effect may, by	139358
resolution adopted within ninety days after July 15, 1985, by a	139359
majority of the members of the board, levy an additional excise	139360
tax not to exceed three per cent on transactions by which lodging	139361
by a hotel is or is to be furnished to transient guests. The tax	139362
authorized by this division shall be in addition to any tax that	139363
is levied pursuant to division (A) of this section, but it shall	139364
not apply to transactions subject to a tax levied by a municipal	139365
corporation or township pursuant to the authorization granted by	139366
division (A) of section 5739.08 of the Revised Code. The board	139367
shall establish all regulations necessary to provide for the	139368
administration and allocation of the tax. The regulations may	139369
prescribe the time for payment of the tax, and may provide for the	139370
imposition of a penalty or interest, or both, for late payments,	139371
provided that the penalty does not exceed ten per cent of the	139372
amount of tax due, and the rate at which interest accrues does not	139373
exceed the rate per annum prescribed pursuant to section 5703.47	139374
of the Revised Code. All revenues arising from the tax shall be	139375
expended in accordance with section 307.695 of the Revised Code.	139376
The board of county commissioners of an eligible county as defined	139377
in section 307.695 of the Revised Code may, by resolution adopted	139378
by a majority of the members of the board, amend the resolution	139379
levying a tax under this division to provide that the revenue from	139380
the tax shall be used by the board as described in division (H) of	139381
section 307.695 of the Revised Code. A tax imposed under this	139382
division shall remain in effect at the rate at which it is imposed	139383
for the duration of the period during which any agreement entered	139384
into by the board under section 307.695 of the Revised Code is in	139385
effect, the duration of the period during which any securities	139386
issued by the board under division (I) of section 307.695 of the	139387
Revised Code are outstanding, or the duration of the period during	139388
which the board owns a project as defined in section 307.695 of	139389
the Revised Code, whichever duration is longest.	139390

(D) For the purpose of providing contributions under division	139391
(B)(1) of section 307.671 of the Revised Code to enable the	139392
acquisition, construction, and equipping of a port authority	139393
educational and cultural facility in the county and, to the extent	139394
provided for in the cooperative agreement authorized by that	139395
section, for the purpose of paying debt service charges on bonds,	139396
or notes in anticipation of bonds, described in division (B)(1)(b)	139397
of that section, a board of county commissioners, by resolution	139398
adopted within ninety days after December 22, 1992, by a majority	139399
of the members of the board, may levy an additional excise tax not	139400
to exceed one and one-half per cent on transactions by which	139401
lodging by a hotel is or is to be furnished to transient guests.	139402
The excise tax authorized by this division shall be in addition to	139403
any tax that is levied pursuant to divisions (A), (B), and (C) of	139404
this section, to any excise tax levied pursuant to section 5739.08	139405
of the Revised Code, and to any excise tax levied pursuant to	139406
section 351.021 of the Revised Code. The board of county	139407
commissioners shall establish all regulations necessary to provide	139408
for the administration and allocation of the tax that are not	139409
inconsistent with this section or section 307.671 of the Revised	139410
Code. The regulations may prescribe the time for payment of the	139411
tax, and may provide for the imposition of a penalty or interest,	139412
or both, for late payments, provided that the penalty does not	139413
exceed ten per cent of the amount of tax due, and the rate at	139414
which interest accrues does not exceed the rate per annum	139415
prescribed pursuant to section 5703.47 of the Revised Code. All	139416
revenues arising from the tax shall be expended in accordance with	139417
section 307.671 of the Revised Code and division (D) of this	139418
section. The levy of a tax imposed under this division may not	139419
commence prior to the first day of the month next following the	139420
execution of the cooperative agreement authorized by section	139421
307.671 of the Revised Code by all parties to that agreement. The	139422
tax shall remain in effect at the rate at which it is imposed for	139423
the period of time described in division (C) of section 307.671 of	139424
the Revised Code for which the revenue from the tax has been	139425
pledged by the county to the corporation pursuant to that section,	139426
but, to any extent provided for in the cooperative agreement, for	139427
no lesser period than the period of time required for payment of	139428
the debt service charges on bonds, or notes in anticipation of	139429
bonds, described in division (B)(1)(b) of that section.	139430

(E) For the purpose of paying the costs of acquiring,	139431
constructing, equipping, and improving a municipal educational and	139432
cultural facility, including debt service charges on bonds	139433
provided for in division (B) of section 307.672 of the Revised	139434
Code, and for any additional purposes determined by the county in	139435
the resolution levying the tax or amendments to the resolution,	139436
including subsequent amendments providing for paying costs of	139437
acquiring, constructing, renovating, rehabilitating, equipping,	139438
and improving a port authority educational and cultural performing	139439
arts facility, as defined in section 307.674 of the Revised Code,	139440
and including debt service charges on bonds provided for in	139441
division (B) of section 307.674 of the Revised Code, the	139442
legislative authority of a county, by resolution adopted within	139443
ninety days after June 30, 1993, by a majority of the members of	139444
the legislative authority, may levy an additional excise tax not	139445
to exceed one and one-half per cent on transactions by which	139446
lodging by a hotel is or is to be furnished to transient guests.	139447
The excise tax authorized by this division shall be in addition to	139448
any tax that is levied pursuant to divisions (A), (B), (C), and	139449
(D) of this section, to any excise tax levied pursuant to section	139450
5739.08 of the Revised Code, and to any excise tax levied pursuant	139451
to section 351.021 of the Revised Code. The legislative authority	139452
of the county shall establish all regulations necessary to provide	139453
for the administration and allocation of the tax. The regulations	139454
may prescribe the time for payment of the tax, and may provide for	139455
the imposition of a penalty or interest, or both, for late	139456
payments, provided that the penalty does not exceed ten per cent	139457
of the amount of tax due, and the rate at which interest accrues	139458
does not exceed the rate per annum prescribed pursuant to section	139459
5703.47 of the Revised Code. All revenues arising from the tax	139460
shall be expended in accordance with section 307.672 of the	139461
Revised Code and this division. The levy of a tax imposed under	139462
this division shall not commence prior to the first day of the	139463
month next following the execution of the cooperative agreement	139464
authorized by section 307.672 of the Revised Code by all parties	139465
to that agreement. The tax shall remain in effect at the rate at	139466
which it is imposed for the period of time determined by the	139467
legislative authority of the county. That period of time shall not	139468
exceed fifteen years, except that the legislative authority of a	139469
county with a population of less than two hundred fifty thousand	139470
according to the most recent federal decennial census, by	139471
resolution adopted by a majority of its members before the	139472
original tax expires, may extend the duration of the tax for an	139473
additional period of time. The additional period of time by which	139474
a legislative authority extends a tax levied under this division	139475
shall not exceed fifteen years.	139476

(F) The legislative authority of a county that has levied a	139477
tax under division (E) of this section may, by resolution adopted	139478
within one hundred eighty days after January 4, 2001, by a	139479
majority of the members of the legislative authority, amend the	139480
resolution levying a tax under that division to provide for the	139481
use of the proceeds of that tax, to the extent that it is no	139482
longer needed for its original purpose as determined by the	139483
parties to a cooperative agreement amendment pursuant to division	139484
(D) of section 307.672 of the Revised Code, to pay costs of	139485
acquiring, constructing, renovating, rehabilitating, equipping,	139486
and improving a port authority educational and cultural performing	139487
arts facility, including debt service charges on bonds provided	139488
for in division (B) of section 307.674 of the Revised Code, and to	139489
pay all obligations under any guaranty agreements, reimbursement	139490
agreements, or other credit enhancement agreements described in	139491
division (C) of section 307.674 of the Revised Code. The	139492
resolution may also provide for the extension of the tax at the	139493
same rate for the longer of the period of time determined by the	139494
legislative authority of the county, but not to exceed an	139495
additional twenty-five years, or the period of time required to	139496
pay all debt service charges on bonds provided for in division (B)	139497
of section 307.672 of the Revised Code and on port authority	139498
revenue bonds provided for in division (B) of section 307.674 of	139499
the Revised Code. All revenues arising from the amendment and	139500
extension of the tax shall be expended in accordance with section	139501
307.674 of the Revised Code, this division, and division (E) of	139502
this section.	139503

(G) For purposes of a tax levied by a county, township, or	139504
municipal corporation under this section or section 5739.08 of the	139505
Revised Code, a board of county commissioners, board of township	139506
trustees, or the legislative authority of a municipal corporation	139507
may adopt a resolution or ordinance at any time specifying that	139508
"hotel," as otherwise defined in section 5739.01 of the Revised	139509
Code, includes the following:	139510

(1) Establishments in which fewer than five rooms are used	139511
for the accommodation of guests.	139512

(2) Establishments at which rooms are used for the	139513
accommodation of guests regardless of whether each room is	139514
accessible through its own keyed entry or several rooms are	139515
accessible through the same keyed entry; and, in determining the	139516
number of rooms, all rooms are included regardless of the number	139517
of structures in which the rooms are situated or the number of	139518
parcels of land on which the structures are located if the	139519
structures are under the same ownership and the structures are not	139520
identified in advertisements of the accommodations as distinct	139521
establishments. For the purposes of division (G)(2) of this	139522
section, two or more structures are under the same ownership if	139523
they are owned by the same person, or if they are owned by two or	139524
more persons the majority of the ownership interests of which are	139525
owned by the same person.	139526

The resolution or ordinance may apply to a tax imposed	139527
pursuant to this section prior to the adoption of the resolution	139528
or ordinance if the resolution or ordinance so states, but the tax	139529
shall not apply to transactions by which lodging by such an	139530
establishment is provided to transient guests prior to the	139531
adoption of the resolution or ordinance.	139532

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

139533

(a) "Convention facilities authority" has the same meaning as	139534
in section 351.01 of the Revised Code.	139535

(b) "Convention center" has the same meaning as in section	139536
307.695 of the Revised Code.	139537

(2) Notwithstanding any contrary provision of division (D) of	139538
this section, the legislative authority of a county with a	139539
population of one million or more according to the most recent	139540
federal decennial census that has levied a tax under division (D)	139541
of this section may, by resolution adopted by a majority of the	139542
members of the legislative authority, provide for the extension of	139543
such levy and may provide that the proceeds of that tax, to the	139544
extent that they are no longer needed for their original purpose	139545
as defined by a cooperative agreement entered into under section	139546
307.671 of the Revised Code, shall be deposited into the county	139547
general revenue fund. The resolution shall provide for the	139548
extension of the tax at a rate not to exceed the rate specified in	139549
division (D) of this section for a period of time determined by	139550
the legislative authority of the county, but not to exceed an	139551
additional forty years.	139552

(3) The legislative authority of a county with a population	139553
of one million or more that has levied a tax under division (A)(1)	139554
of this section may, by resolution adopted by a majority of the	139555
members of the legislative authority, increase the rate of the tax	139556
levied by such county under division (A)(1) of this section to a	139557
rate not to exceed five per cent on transactions by which lodging	139558
by a hotel is or is to be furnished to transient guests.	139559
Notwithstanding any contrary provision of division (A)(1) of this	139560
section, the resolution may provide that all collections resulting	139561
from the rate levied in excess of three per cent, after deducting	139562
the real and actual costs of administering the tax, shall be	139563
deposited in the county general fund.	139564

(4) The legislative authority of a county with a population	139565
of one million or more that has levied a tax under division (A)(1)	139566
of this section may, by resolution adopted on or before August 30,	139567
2004, by a majority of the members of the legislative authority,	139568
provide that all or a portion of the proceeds of the tax levied	139569
under division (A)(1) of this section, after deducting the real	139570
and actual costs of administering the tax and the amounts required	139571
to be returned to townships and municipal corporations with	139572
respect to the first three per cent levied under division (A)(1)	139573
of this section, shall be deposited in the county general fund,	139574
provided that such proceeds shall be used to satisfy any pledges	139575
made in connection with an agreement entered into under section	139576
307.695 of the Revised Code.	139577

(5) No amount collected from a tax levied, extended, or	139578
required to be deposited in the county general fund under division	139579
(H) of this section shall be contributed to a convention	139580
facilities authority, corporation, or other entity created after	139581
July 1, 2003, for the principal purpose of constructing,	139582
improving, expanding, equipping, financing, or operating a	139583
convention center unless the mayor of the municipal corporation in	139584
which the convention center is to be operated by that convention	139585
facilities authority, corporation, or other entity has consented	139586
to the creation of that convention facilities authority,	139587
corporation, or entity. Notwithstanding any contrary provision of	139588
section 351.04 of the Revised Code, if a tax is levied by a county	139589
under division (H) of this section, the board of county	139590
commissioners of that county may determine the manner of	139591
selection, the qualifications, the number, and terms of office of	139592
the members of the board of directors of any convention facilities	139593
authority, corporation, or other entity described in division	139594
(H)(5) of this section.	139595

(6)(a) No amount collected from a tax levied, extended, or	139596
required to be deposited in the county general fund under division	139597
(H) of this section may be used for any purpose other than paying	139598
the direct and indirect costs of constructing, improving,	139599
expanding, equipping, financing, or operating a convention center	139600
and for the real and actual costs of administering the tax,	139601
unless, prior to the adoption of the resolution of the legislative	139602
authority of the county authorizing the levy, extension, increase,	139603
or deposit, the county and the mayor of the most populous	139604
municipal corporation in that county have entered into an	139605
agreement as to the use of such amounts, provided that such	139606
agreement has been approved by a majority of the mayors of the	139607
other municipal corporations in that county. The agreement shall	139608
provide that the amounts to be used for purposes other than paying	139609
the convention center or administrative costs described in	139610
division (H)(6)(a) of this section be used only for the direct and	139611
indirect costs of capital improvements, including the financing of	139612
capital improvements.	139613

(b) If the county in which the tax is levied has an	139614
association of mayors and city managers, the approval of that	139615
association of an agreement described in division (H)(6)(a) of	139616
this section shall be considered to be the approval of the	139617
majority of the mayors of the other municipal corporations for	139618
purposes of that division.	139619

(7) Each year, the auditor of state shall conduct an audit of	139620
the uses of any amounts collected from taxes levied, extended, or	139621
deposited under division (H) of this section and shall prepare a	139622
report of the auditor of state's findings. The auditor of state	139623
shall submit the report to the legislative authority of the county	139624
that has levied, extended, or deposited the tax, the speaker of	139625
the house of representatives, the president of the senate, and the	139626
leaders of the minority parties of the house of representatives	139627
and the senate.	139628

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

139629

(a) "Convention facilities authority" has the same meaning as	139630
in section 351.01 of the Revised Code.	139631

(b) "Convention center" has the same meaning as in section	139632
307.695 of the Revised Code.	139633

(2) Notwithstanding any contrary provision of division (D) of	139634
this section, the legislative authority of a county with a	139635
population of one million two hundred thousand or more according	139636
to the most recent federal decennial census or the most recent	139637
annual population estimate published or released by the United	139638
States census bureau at the time the resolution is adopted placing	139639
the levy on the ballot, that has levied a tax under division (D)	139640
of this section may, by resolution adopted by a majority of the	139641
members of the legislative authority, provide for the extension of	139642
such levy and may provide that the proceeds of that tax, to the	139643
extent that the proceeds are no longer needed for their original	139644
purpose as defined by a cooperative agreement entered into under	139645
section 307.671 of the Revised Code and after deducting the real	139646
and actual costs of administering the tax, shall be used for	139647
paying the direct and indirect costs of constructing, improving,	139648
expanding, equipping, financing, or operating a convention center.	139649
The resolution shall provide for the extension of the tax at a	139650
rate not to exceed the rate specified in division (D) of this	139651
section for a period of time determined by the legislative	139652
authority of the county, but not to exceed an additional forty	139653
years.	139654

(3) The legislative authority of a county with a population	139655
of one million two hundred thousand or more that has levied a tax	139656
under division (A)(1) of this section may, by resolution adopted	139657
by a majority of the members of the legislative authority,	139658
increase the rate of the tax levied by such county under division	139659
(A)(1) of this section to a rate not to exceed five per cent on	139660
transactions by which lodging by a hotel is or is to be furnished	139661
to transient guests. Notwithstanding any contrary provision of	139662
division (A)(1) of this section, the resolution shall provide that	139663
all collections resulting from the rate levied in excess of three	139664
per cent, after deducting the real and actual costs of	139665
administering the tax, shall be used for paying the direct and	139666
indirect costs of constructing, improving, expanding, equipping,	139667
financing, or operating a convention center.	139668

(4) The legislative authority of a county with a population	139669
of one million two hundred thousand or more that has levied a tax	139670
under division (A)(1) of this section may, by resolution adopted	139671
on or before July 1, 2008, by a majority of the members of the	139672
legislative authority, provide that all or a portion of the	139673
proceeds of the tax levied under division (A)(1) of this section,	139674
after deducting the real and actual costs of administering the tax	139675
and the amounts required to be returned to townships and municipal	139676
corporations with respect to the first three per cent levied under	139677
division (A)(1) of this section, shall be used to satisfy any	139678
pledges made in connection with an agreement entered into under	139679
section 307.695 of the Revised Code or shall otherwise be used for	139680
paying the direct and indirect costs of constructing, improving,	139681
expanding, equipping, financing, or operating a convention center.	139682

(5) Any amount collected from a tax levied or extended under	139683
division (I) of this section may be contributed to a convention	139684
facilities authority created before July 1, 2005, but no amount	139685
collected from a tax levied or extended under division (I) of this	139686
section may be contributed to a convention facilities authority,	139687
corporation, or other entity created after July 1, 2005, unless	139688
the mayor of the municipal corporation in which the convention	139689
center is to be operated by that convention facilities authority,	139690
corporation, or other entity has consented to the creation of that	139691
convention facilities authority, corporation, or entity.	139692

(J) All money collected by a county and distributed under	139693
this section to a convention and visitors' bureau in existence as	139694
of the effective date of H.B. 59 of the 130th general assembly,	139695
except for any such money pledged, as of that effective date, to	139696
the payment of debt service charges on bonds, notes, securities,	139697
or lease agreements, shall be used solely for tourism sales,	139698
marketing and promotion, and their associated costs, including,	139699
but not limited to, operational and administrative costs of the	139700
bureau, sales and marketing, and maintenance of the physical	139701
bureau structure.	139702

(K) Of the funds distributed to a convention and visitors'	139703
bureau under this section, the amount a county may retain for real	139704
and actual costs associated with administering the tax shall not	139705
exceed the sum of (1) three per cent of the first five hundred	139706
thousand dollars distributed to the bureau and (2) one and	139707
one-half per cent of any amount in excess of five hundred thousand	139708
dollars distributed to the bureau.	139709

Sec. 5739.13. (A) If any vendor collects the tax imposed by	139710
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	139711
the Revised Code, and fails to remit the tax to the state as	139712
prescribed, or on the sale of a motor vehicle, watercraft, or	139713
outboard motor required to be titled, fails to remit payment to a	139714
clerk of a court of common pleas as provided in section 1548.06 or	139715
4505.06 of the Revised Code, the vendor shall be personally liable	139716
for any tax collected and not remitted. The tax commissioner may	139717
make an assessment against such vendor based upon any information	139718
in the commissioner's possession.	139719

If any vendor fails to collect the tax or any consumer fails	139720
to pay the tax imposed by or pursuant to section 5739.02,	139721
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	139722
transaction subject to the tax, the vendor or consumer shall be	139723
personally liable for the amount of the tax applicable to the	139724
transaction. The commissioner may make an assessment against	139725
either the vendor or consumer, as the facts may require, based	139726
upon any information in the commissioner's possession.	139727

An assessment against a vendor when the tax imposed by or	139728
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	139729
the Revised Code has not been collected or paid, shall not	139730
discharge the purchaser's or consumer's liability to reimburse the	139731
vendor for the tax applicable to such transaction.	139732

An assessment issued against either, pursuant to this	139733
section, shall not be considered an election of remedies, nor a	139734
bar to an assessment against the other for the tax applicable to	139735
the same transaction, provided that no assessment shall be issued	139736
against any person for the tax due on a particular transaction if	139737
the tax on that transaction actually has been paid by another.	139738

The commissioner may make an assessment against any vendor	139739
who fails to file a return or remit the proper amount of tax	139740
required by this chapter, or against any consumer who fails to pay	139741
the proper amount of tax required by this chapter. When	139742
information in the possession of the commissioner indicates that	139743
the amount required to be collected or paid under this chapter is	139744
greater than the amount remitted by the vendor or paid by the	139745
consumer, the commissioner may audit a sample of the vendor's	139746
sales or the consumer's purchases for a representative period, to	139747
ascertain the per cent of exempt or taxable transactions or the	139748
effective tax rate and may issue an assessment based on the audit.	139749
The commissioner shall make a good faith effort to reach agreement	139750
with the vendor or consumer in selecting a representative sample.	139751

The commissioner may make an assessment, based on any	139752
information in ~~his~~the commissioner's possession, against any	139753
person who fails to file a return or remit the proper amount of	139754
tax required by section 5739.102 of the Revised Code.	139755

The commissioner may issue an assessment on any transaction	139756
for which any tax imposed under this chapter or Chapter 5741. of	139757
the Revised Code was due and unpaid on the date the vendor or	139758
consumer was informed by an agent of the tax commissioner of an	139759
investigation or audit. If the vendor or consumer remits any	139760
payment of the tax for the period covered by the assessment after	139761
the vendor or consumer was informed of the investigation or audit,	139762
the payment shall be credited against the amount of the	139763
assessment.	139764

The commissioner shall give the party assessed written notice	139765
of the assessment in the manner provided in section 5703.37 of the	139766
Revised Code. With the notice, the commissioner shall provide	139767
instructions on how to petition for reassessment and request a	139768
hearing on the petition.	139769

(B) Unless the party assessed files with the commissioner	139770
within sixty days after service of the notice of assessment,	139771
either personally or by certified mail, a written petition for	139772
reassessment, signed by the party assessed or that party's	139773
authorized agent having knowledge of the facts, the assessment	139774
becomes final and the amount of the assessment is due from the	139775
party assessed and payable to the treasurer of state and remitted	139776
to the tax commissioner. The petition shall indicate the	139777
objections of the party assessed, but additional objections may be	139778
raised in writing if received by the commissioner prior to the	139779
date shown on the final determination. If the petition has been	139780
properly filed, the commissioner shall proceed under section	139781
5703.60 of the Revised Code.	139782

(C) After an assessment becomes final, if any portion of the	139783
assessment remains unpaid, including accrued interest, a certified	139784
copy of the commissioner's entry making the assessment final may	139785
be filed in the office of the clerk of the court of common pleas	139786
in the county in which the place of business of the party assessed	139787
is located or the county in which the party assessed resides. If	139788
the party assessed maintains no place of business in this state	139789
and is not a resident of this state, the certified copy of the	139790
entry may be filed in the office of the clerk of the court of	139791
common pleas of Franklin county.	139792

Immediately upon the filing of the entry, the clerk shall	139793
enter a judgment for the state against the party assessed in the	139794
amount shown on the entry. The judgment may be filed by the clerk	139795
in a loose-leaf book entitled "special judgments for state,	139796
county, and transit authority retail sales tax" or, if	139797
appropriate, "special judgments for resort area excise tax," and	139798
shall have the same effect as other judgments. Execution shall	139799
issue upon the judgment upon the request of the tax commissioner,	139800
and all laws applicable to sales on execution shall apply to sales	139801
made under the judgment except as otherwise provided in this	139802
chapter.	139803

~~The portion of~~If the assessment is not paid in its entirety	139804
within sixty days after the date the assessment was issued, the	139805
portion of the assessment consisting of tax due shall bear	139806
interest at the rate per annum prescribed by section 5703.47 of	139807
the Revised Code from the day the tax commissioner issues the	139808
assessment until the assessment is paid or until it is certified	139809
to the attorney general for collection under section 131.02 of the	139810
Revised Code, whichever comes first. If the unpaid portion of the	139811
assessment is certified to the attorney general for collection,	139812
the entire unpaid portion of the assessment shall bear interest at	139813
the rate per annum prescribed by section 5703.47 of the Revised	139814
Code from the date of certification until the date it is paid in	139815
its entirety. Interest shall be paid in the same manner as the tax	139816
and may be collected by issuing an assessment under this section.	139817

(D) All money collected by the tax commissioner under this	139818
section shall be paid to the treasurer of state, and when paid	139819
shall be considered as revenue arising from the taxes imposed by	139820
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	139821

Sec. 5741.01. As used in this chapter:

139822

(A) "Person" includes individuals, receivers, assignees,	139823
trustees in bankruptcy, estates, firms, partnerships,	139824
associations, joint-stock companies, joint ventures, clubs,	139825
societies, corporations, business trusts, governments, and	139826
combinations of individuals of any form.	139827

(B) "Storage" means and includes any keeping or retention in	139828
this state for use or other consumption in this state.	139829

(C) "Use" means and includes the exercise of any right or	139830
power incidental to the ownership of the thing used. A thing is	139831
also "used" in this state if its consumer gives or otherwise	139832
distributes it, without charge, to recipients in this state.	139833

(D) "Purchase" means acquired or received for a	139834
consideration, whether such acquisition or receipt was effected by	139835
a transfer of title, or of possession, or of both, or a license to	139836
use or consume; whether such transfer was absolute or conditional,	139837
and by whatever means the transfer was effected; and whether the	139838
consideration was money, credit, barter, or exchange. Purchase	139839
includes production, even though the article produced was used,	139840
stored, or consumed by the producer. The transfer of copyrighted	139841
motion picture films for exhibition purposes is not a purchase,	139842
except such films as are used solely for advertising purposes.	139843

(E) "Seller" means the person from whom a purchase is made,	139844
and includes every person engaged in this state or elsewhere in	139845
the business of selling tangible personal property or providing a	139846
service for storage, use, or other consumption or benefit in this	139847
state; and when, in the opinion of the tax commissioner, it is	139848
necessary for the efficient administration of this chapter, to	139849
regard any ~~salesman~~salesperson, representative, peddler, or	139850
canvasser as the agent of a dealer, distributor, supervisor, or	139851
employer under whom the person operates, or from whom the person	139852
obtains tangible personal property, sold by the person for	139853
storage, use, or other consumption in this state, irrespective of	139854
whether or not the person is making such sales on the person's own	139855
behalf, or on behalf of such dealer, distributor, supervisor, or	139856
employer, the commissioner may regard the person as such agent,	139857
and may regard such dealer, distributor, supervisor, or employer	139858
as the seller. "Seller" does not include any person to the extent	139859
the person provides a communications medium, such as, but not	139860
limited to, newspapers, magazines, radio, television, or cable	139861
television, by means of which sellers solicit purchases of their	139862
goods or services.	139863

(F) "Consumer" means any person who has purchased tangible	139864
personal property or has been provided a service for storage, use,	139865
or other consumption or benefit in this state. "Consumer" does not	139866
include a person who receives, without charge, tangible personal	139867
property or a service.	139868

A person who performs a facility management or similar	139869
service contract for a contractee is a consumer of all tangible	139870
personal property and services purchased for use in connection	139871
with the performance of such contract, regardless of whether title	139872
to any such property vests in the contractee. The purchase of such	139873
property and services is not subject to the exception for resale	139874
under division (E) of section 5739.01 of the Revised Code.	139875

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	139876
of this section, has the same meaning as in division (H)(1) of	139877
section 5739.01 of the Revised Code.	139878

(2) In the case of watercraft, outboard motors, or new motor	139879
vehicles, "price" has the same meaning as in divisions (H)(2) and	139880
(3) of section 5739.01 of the Revised Code.	139881

(3) In the case of a nonresident business consumer that	139882
purchases and uses tangible personal property outside this state	139883
and subsequently temporarily stores, uses, or otherwise consumes	139884
such tangible personal property in the conduct of business in this	139885
state, the consumer or the tax commissioner may determine the	139886
price based on the value of the temporary storage, use, or other	139887
consumption, in lieu of determining the price pursuant to division	139888
(G)(1) of this section. A price determination made by the consumer	139889
is subject to review and redetermination by the commissioner.	139890

(4) In the case of tangible personal property held in this	139891
state as inventory for sale or lease, and that is temporarily	139892
stored, used, or otherwise consumed in a taxable manner, the price	139893
is the value of the temporary use. A price determination made by	139894
the consumer is subject to review and redetermination by the	139895
commissioner.	139896

(5) In the case of tangible personal property originally	139897
purchased and used by the consumer outside this state, and that	139898
becomes permanently stored, used, or otherwise consumed in this	139899
state more than six months after its acquisition by the consumer,	139900
the consumer or the commissioner may determine the price based on	139901
the current value of such tangible personal property, in lieu of	139902
determining the price pursuant to division (G)(1) of this section.	139903
A price determination made by the consumer is subject to review	139904
and redetermination by the commissioner.	139905

(6) If a consumer produces tangible personal property for	139906
sale and removes that property from inventory for the consumer's	139907
own use, the price is the produced cost of that tangible personal	139908
property.	139909

(H) "Nexus with this state" means that the seller engages in	139910
continuous and widespread solicitation of purchases from residents	139911
of this state or otherwise purposefully directs its business	139912
activities at residents of this state.	139913

(I)(1) "Substantial nexus with this state" means that the	139914
seller has sufficient contact with this state, in accordance with	139915
Section 8 of Article I of the Constitution of the United States,	139916
to allow the state to require the seller to collect and remit use	139917
tax on sales of tangible personal property or services made to	139918
consumers in this state. ~~"Substantial~~	139919

(2) "Substantial nexus with this state" ~~exists~~is presumed to	139920
exist when the seller does any of the following:	139921

~~(1) Maintains a~~(a) Uses an office, distribution facility,	139922
warehouse, storage facility, or similar place of business within	139923
this state, whether operated by ~~employees or agents of~~ the seller,	139924
~~by a member of an affiliated group, as defined in division~~	139925
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	139926
~~seller is a member, or by a franchisee using a trade name of the~~	139927
~~seller;~~or any other person, other than a common carrier acting in	139928
its capacity as a common carrier.	139929

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	139930
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	139931
salespersons, or other ~~individuals~~persons in this state (i) for	139932
the purpose of conducting the business of the seller;, or that	139933
(ii) engage in a business with the same or a similar industry	139934
classification as the seller selling a similar product or line of	139935
products as the seller, or (iii) use trademarks, service marks, or	139936
trade names in this state that are the same or substantially	139937
similar to those used by the seller.	139938

~~(3)~~(c) Uses aany person, other than a common carrier acting	139939
in its capacity as a common carrier, in this state for any of the	139940
~~purpose of receiving~~following purposes:	139941

(i) Receiving or processing orders of the seller's goods or	139942
services;	139943

(ii) Using that person's employees or facilities in this	139944
state to advertise, promote, or facilitate sales by the seller to	139945
customers;	139946

(iii) Delivering, installing, assembling, or performing	139947
maintenance services for the seller's customers;	139948

(iv) Facilitating the seller's delivery of tangible personal	139949
property to customers in this state by allowing the seller's	139950
customers to pick up property sold by the seller at an office,	139951
distribution facility, warehouse, storage facility, or similar	139952
place of business.	139953

~~(4)~~(d) Makes regular deliveries of tangible personal property	139954
into this state by means other than common carrier;.	139955

~~(5)~~(e) Has ~~membership in~~ an affiliated ~~group, as described in~~	139956
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	139957
~~least one other member of which~~person that has substantial nexus	139958
with this state;	139959

~~(6)~~(f) Owns tangible personal property that is rented or	139960
leased to a consumer in this state, or offers tangible personal	139961
property, on approval, to consumers in this state;	139962

~~(7) Except as provided in section 5703.65 of the Revised~~	139963
~~Code, is registered with the secretary of state to do business in~~	139964
~~this state or is registered or licensed by any state agency,~~	139965
~~board, or commission to transact business in this state or to make~~	139966
~~sales to persons in this state;~~	139967

~~(8) Has any other contact with this state that would allow~~	139968
~~this state to require the seller to collect and remit use tax~~	139969
~~under Section 8 of Article I of the Constitution of the United~~	139970
~~States~~(g) Enters into an agreement with one or more residents of	139971
this state under which the resident, for a commission or other	139972
consideration, directly or indirectly refers potential customers	139973
to the seller, whether by a link on a web site, an in-person oral	139974
presentation, telemarketing, or otherwise, provided the cumulative	139975
gross receipts from sales to consumers referred to the seller by	139976
all such residents exceeded ten thousand dollars during the	139977
preceding twelve months.	139978

(3) A seller presumed to have substantial nexus with this	139979
state under divisions (I)(2)(a) to (f) of this section may rebut	139980
that presumption by demonstrating that activities described in any	139981
of those divisions that are conducted by a person in this state on	139982
the seller's behalf are not significantly associated with the	139983
seller's ability to establish or maintain a market in this state	139984
for the seller's sales.	139985

(4) A seller presumed to have substantial nexus with this	139986
state under division (I)(2)(g) of this section may rebut that	139987
presumption by submitting proof that each resident engaged by the	139988
seller as described in that division did not engage in any	139989
activity within this state during the preceding twelve months that	139990
was significantly associated with the seller's ability to	139991
establish or maintain the seller's market in this state during the	139992
preceding twelve months. Such proof may consist of sworn written	139993
statements from all the residents with whom the seller has an	139994
agreement stating that the resident did not engage in any	139995
solicitation in this state on behalf of the seller during the	139996
preceding twelve months if such statements are provided and	139997
obtained in good faith.	139998

(5) A seller that does not have substantial nexus with this	139999
state, and any affiliated person of the seller, before selling or	140000
leasing tangible personal property or services to a state agency,	140001
shall register with the tax commissioner in the same manner as a	140002
seller described in division (A)(1) of section 5741.17 of the	140003
Revised Code.	140004

(6) As used in division (I) of this section:

140005

(a) "Affiliated person" means any person that is a member of	140006
the same controlled group of corporations as the seller or any	140007
other person that, notwithstanding the form of organization, bears	140008
the same ownership relationship to the seller as a corporation	140009
that is a member of the same controlled group of corporations.	140010

(b) "Controlled group of corporations" has the same meaning	140011
as in section 1563(a) of the Internal Revenue Code.	140012

(c) "State agency" has the same meaning as in section 1.60 of	140013
the Revised Code.	140014

(J) "Fiscal officer" means, with respect to a regional	140015
transit authority, the secretary-treasurer thereof, and with	140016
respect to a county which is a transit authority, the fiscal	140017
officer of the county transit board appointed pursuant to section	140018
306.03 of the Revised Code or, if the board of county	140019
commissioners operates the county transit system, the county	140020
auditor.	140021

(K) "Territory of the transit authority" means all of the	140022
area included within the territorial boundaries of a transit	140023
authority as they from time to time exist. Such territorial	140024
boundaries must at all times include all the area of a single	140025
county or all the area of the most populous county which is a part	140026
of such transit authority. County population shall be measured by	140027
the most recent census taken by the United States census bureau.	140028

(L) "Transit authority" means a regional transit authority	140029
created pursuant to section 306.31 of the Revised Code or a county	140030
in which a county transit system is created pursuant to section	140031
306.01 of the Revised Code. For the purposes of this chapter, a	140032
transit authority must extend to at least the entire area of a	140033
single county. A transit authority which includes territory in	140034
more than one county must include all the area of the most	140035
populous county which is a part of such transit authority. County	140036
population shall be measured by the most recent census taken by	140037
the United States census bureau.	140038

(M) "Providing a service" has the same meaning as in ~~division~~	140039
~~(X) of~~ section 5739.01 of the Revised Code.	140040

(N) "Other consumption" includes receiving the benefits of a	140041
service.	140042

(O) "Lease" or "rental" has the same meaning as in ~~division~~	140043
~~(UU) of~~ section 5739.01 of the Revised Code.	140044

(P) "Certified service provider" has the same meaning as in	140045
section 5740.01 of the Revised Code.	140046

(Q) "Remote sale" means a sale for which the seller could not	140047
be legally required to pay, collect, or remit a tax imposed under	140048
this chapter or Chapter 5739. of the Revised Code, unless	140049
otherwise provided by the laws of the United States.	140050

(R) "Remote seller" means a seller that makes remote sales to	140051
one or more consumers.	140052

(S) "Remote small seller" means a remote seller that has	140053
gross annual receipts from remote sales in the United States not	140054
exceeding one million dollars for the preceding calendar year. For	140055
the purposes of determining whether a person is a small remote	140056
seller, the sales of all persons related within the meaning of	140057
subsection (b) or (c) of section 267 or section 707(b)(1) of the	140058
Internal Revenue Code shall be aggregated, and persons with one or	140059
more ownership relationships shall be aggregated if those	140060
relationships were designed with the principal purpose to qualify	140061
as a remote small seller.	140062

Sec. 5741.03. (A) One hundred per cent of all money	140063
deposited into the state treasury under sections 5741.01 to	140064
5741.22 of the Revised Code that is not required to be distributed	140065
as provided in division (B) of this section shall be credited to	140066
the general revenue fund.	140067

(B) In any case where any county or transit authority has	140068
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	140069
5741.023 of the Revised Code, the tax commissioner shall, within	140070
forty-five days after the end of each month, determine and certify	140071
to the director of budget and management the amount of the	140072
proceeds of such tax or taxes from billings and assessments	140073
received during that month, or shown on tax returns or reports	140074
filed during that month, to be returned to the county or transit	140075
authority levying the tax or taxes, which amounts shall be	140076
determined in the manner provided in section 5739.21 of the	140077
Revised Code. The director of budget and management shall	140078
transfer, from the general revenue fund, to the permissive tax	140079
distribution fund created by division (B)(1) of section 4301.423	140080
of the Revised Code and to the local sales tax administrative fund	140081
created by division (C) of section 5739.21 of the Revised Code,	140082
the amounts certified by the tax commissioner. The tax	140083
commissioner shall then, on or before the twentieth day of the	140084
month in which such certification is made, provide for payment of	140085
such respective amounts to the county treasurer or to the fiscal	140086
officer of the transit authority levying the tax or taxes. The	140087
amount transferred to the local sales tax administrative fund is	140088
for use by the tax commissioner in defraying costs the	140089
commissioner incurs in administering such taxes levied by a county	140090
or transit authority.	140091

(C) Not later than the first day of January and of July each	140092
calendar year, the tax commissioner shall determine and certify to	140093
the director of budget and management the amount of tax imposed by	140094
section 5741.02 of the Revised Code and remitted under this	140095
chapter by remote sellers during the six-month period ending on	140096
the preceding last day of November and of May, respectively,	140097
reduced by any refunds issued to remote sellers from the tax	140098
refund fund on account of that tax during the six-month period,	140099
and the director of budget and management shall transfer from the	140100
general revenue fund to the income tax reduction fund the amount	140101
so certified, less one-half of the amount of that tax remitted	140102
during fiscal year 2013 by remote sellers that voluntarily	140103
registered under section 5741.17 of the Revised Code. Amounts	140104
transferred to the income tax reduction fund under this section	140105
shall be included in the determination of the percentage under	140106
division (B)(2) of section 131.44 of the Revised Code required to	140107
be made by the thirty-first day of July of the calendar year in	140108
which the commissioner makes the certifications under this	140109
division.	140110

Sec. 5741.032. There is hereby created in the state treasury	140111
the remote seller administration fund for the purpose of paying	140112
the expenses incurred by the department of taxation in the	140113
administration of this chapter with respect to remote sellers.	140114
Annually, before the thirty-first day of July, the treasurer of	140115
state shall transfer to the remote seller administration fund	140116
one-half of one per cent of the taxes collected from remote	140117
sellers under this chapter during the preceding fiscal year.	140118

Sec. 5741.17. (A)(1) Except as otherwise provided in	140119
divisions (A)(2), (3), and (4) of this section, every seller of	140120
tangible personal property or services who has substantial nexus	140121
with this state shall register with the tax commissioner and	140122
supply any information concerning ~~his~~the seller's contacts with	140123
this state that may be required by the commissioner.	140124

(2) A seller who is licensed as a vendor pursuant to section	140125
5739.17 of the Revised Code shall not be required to register with	140126
the commissioner pursuant to this section if all sales to	140127
consumers in this state are made under the authority of ~~his~~the	140128
seller's vendor's license.	140129

(3) AUnless the seller has substantial nexus with this state	140130
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	140131
Code, a seller is not required to register under this section if	140132
the seller has no contact with this state other than an agency	140133
relationship with a person engaged in the business of	140134
telemarketing in this state and engaged by the seller exclusively	140135
for the purpose of solicitation of customers in other states.	140136

(4) A seller is not required to register under this section	140137
if the seller has no contact with this state other than the	140138
ownership of property that is located at the facility of a printer	140139
with which the seller has contracted for printing and that	140140
consists of the final printed product, property that becomes a	140141
part of the final printed product, or copy from which the final	140142
printed product is produced.	140143

(B) A seller who does not have substantial nexus with this	140144
state may voluntarily register with the commissioner. A seller who	140145
voluntarily registers with the commissioner under this section is	140146
entitled to the same benefits and is subject to the same duties	140147
and requirements as a seller required to be registered with the	140148
commissioner under this chapter.	140149

The commissioner shall maintain an alphabetical index of all	140150
sellers registered under this chapter and records of the use tax	140151
reported and paid. Upon request, this information shall be made	140152
available to the treasurer of state.	140153

(C) A remote small seller is not required to register under	140154
this section.	140155

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	140156
fails to pay the tax levied under section 5743.02, 5743.021,	140157
5743.024, or 5743.026 of the Revised Code as required by sections	140158
5743.01 to 5743.20 of the Revised Code, and by the rules of the	140159
tax commissioner, or fails to collect the tax from the purchaser	140160
or consumer, the commissioner may make an assessment against the	140161
wholesale or retail dealer based upon any information in the	140162
commissioner's possession.	140163

The commissioner may make an assessment against any wholesale	140164
or retail dealer who fails to file a return required by section	140165
5743.03 or 5743.025 of the Revised Code.	140166

No assessment shall be made against any wholesale or retail	140167
dealer for any taxes imposed under section 5743.02, 5743.021,	140168
5743.024, or 5743.026 of the Revised Code more than three years	140169
after the last day of the calendar month that immediately follows	140170
the semiannual period prescribed in section 5743.03 of the Revised	140171
Code in which the sale was made, or more than three years after	140172
the semiannual return for such period is filed, whichever is	140173
later. This section does not bar an assessment against any	140174
wholesale or retail dealer who fails to file a return as required	140175
by section 5743.025 or 5743.03 of the Revised Code, or who files a	140176
fraudulent return.	140177

A penalty of up to thirty per cent may be added to the amount	140178
of every assessment made under this section. The commissioner may	140179
adopt rules providing for the imposition and remission of	140180
penalties added to assessments made under this section.	140181

The commissioner shall give the party assessed written notice	140182
of the assessment in the manner provided in section 5703.37 of the	140183
Revised Code. The notice shall specify separately any portion of	140184
the assessment that represents a county tax. With the notice, the	140185
commissioner shall provide instructions on how to petition for	140186
reassessment and request a hearing on the petition.	140187

(B) Unless the party assessed files with the tax commissioner	140188
within sixty days after service of the notice of assessment,	140189
either personally or by certified mail, a written petition for	140190
reassessment signed by the party assessed or that party's	140191
authorized agent having knowledge of the facts, the assessment	140192
becomes final and the amount of the assessment is due and payable	140193
from the party assessed to the treasurer of state. The petition	140194
shall indicate the objections of the party assessed, but	140195
additional objections may be raised in writing if received by the	140196
commissioner prior to the date shown on the final determination.	140197
If the petition has been properly filed, the commissioner shall	140198
proceed under section 5703.60 of the Revised Code.	140199

(C) After an assessment becomes final, if any portion of the	140200
assessment remains unpaid, including accrued interest, a certified	140201
copy of the tax commissioner's entry making the assessment final	140202
may be filed in the office of the clerk of the court of common	140203
pleas in the county in which the wholesale or retail dealer's	140204
place of business is located or the county in which the party	140205
assessed resides. If the party assessed maintains no place of	140206
business in this state and is not a resident of this state, the	140207
certified copy of the entry may be filed in the office of the	140208
clerk of the court of common pleas of Franklin county.	140209

Immediately upon the filing of the commissioner's entry, the	140210
clerk shall enter a judgment for the state against the party	140211
assessed in the amount shown on the entry. The judgment may be	140212
filed by the clerk in a loose-leaf book entitled "special	140213
judgments for state cigarette sales tax," and shall have the same	140214
effect as other judgments. Execution shall issue upon the judgment	140215
upon the request of the tax commissioner, and all laws applicable	140216
to sales on execution shall apply to sales made under the	140217
judgment, except as otherwise provided in sections 5743.01 to	140218
5743.20 of the Revised Code.	140219

~~The portion of~~If the assessment is not paid in its entirety	140220
within sixty days after the assessment was issued, the portion of	140221
the assessment consisting of tax due shall bear interest at the	140222
rate per annum prescribed by section 5703.47 of the Revised Code	140223
from the day the commissioner issues the assessment until it is	140224
paid or until it is certified to the attorney general for	140225
collection under section 131.02 of the Revised Code, whichever	140226
comes first. If the unpaid portion of the assessment is certified	140227
to the attorney general for collection, the entire unpaid portion	140228
of the assessment shall bear interest at the rate per annum	140229
prescribed by section 5703.47 of the Revised Code from the date of	140230
certification until the date it is paid in its entirety. Interest	140231
shall be paid in the same manner as the tax and may be collected	140232
by the issuance of an assessment under this section.	140233

(D) All money collected by the tax commissioner under this	140234
section shall be paid to the treasurer of state, and when paid	140235
shall be considered as revenue arising from the taxes imposed by	140236
sections 5743.01 to 5743.20 of the Revised Code.	140237

Sec. 5743.15. (A) Except as otherwise provided in this	140238
division, no person shall engage in this state in the wholesale or	140239
retail business of trafficking in cigarettes or in the business of	140240
a manufacturer or importer of cigarettes without having a license	140241
to conduct each such activity issued by a county auditor under	140242
division (B) of this section or the tax commissioner under	140243
divisions (C) and (F) of this section. On dissolution of a	140244
partnership by death, the surviving partner may operate under the	140245
license of the partnership until expiration of the license, and	140246
the heirs or legal representatives of deceased persons, and	140247
receivers and trustees in bankruptcy appointed by any competent	140248
authority, may operate under the license of the person succeeded	140249
in possession by such heir, representative, receiver, or trustee	140250
in bankruptcy if the partner or successor notifies the issuer of	140251
the license of the dissolution or succession within thirty days	140252
after the dissolution or succession.	140253

(B)(1) Each applicant for a license to engage in the retail	140254
business of trafficking in cigarettes under this section,	140255
annually, on or before the fourth Monday of May, shall make and	140256
deliver to the county auditor of the county in which the applicant	140257
desires to engage in the retail business of trafficking in	140258
cigarettes, upon a blank form furnished by such auditor for that	140259
purpose, a statement showing the name of the applicant, each	140260
physical place in the county where the applicant's business is	140261
conducted, the nature of the business, and any other information	140262
the tax commissioner requires in the form of statement prescribed	140263
by the commissioner. If the applicant is a firm, partnership, or	140264
association other than a corporation, the application shall state	140265
the name and address of each of its members. If the applicant is a	140266
corporation, the application shall state the name and address of	140267
each of its officers. At the time of making the application	140268
required by this section, every person desiring to engage in the	140269
retail business of trafficking in cigarettes shall pay an	140270
application fee in the sum of one hundred twenty-five dollars for	140271
each physical place where the person proposes to carry on such	140272
business. Each place of business shall be deemed such space, under	140273
lease or license to, or under the control of, or under the	140274
supervision of the applicant, as is contained in one or more	140275
contiguous, adjacent, or adjoining buildings constituting an	140276
industrial plant or a place of business operated by, or under the	140277
control of, one person, or under one roof and connected by doors,	140278
halls, stairways, or elevators, which space may contain any number	140279
of points at which cigarettes are offered for sale, provided that	140280
each additional point at which cigarettes are offered for sale	140281
shall be listed in the application.	140282

(2) Upon receipt of the application and exhibition of the	140283
county treasurer's receipt showing the payment of the application	140284
fee, the county auditor shall issue to the applicant a license for	140285
each place of business designated in the application, authorizing	140286
the applicant to engage in such business at such place for one	140287
year commencing on the fourth Monday of May. The form of the	140288
license shall be prescribed by the commissioner. A duplicate	140289
license may be obtained from the county auditor upon payment of a	140290
five-dollar fee if the original license is lost, destroyed, or	140291
defaced. When an application is filed after the fourth Monday of	140292
May, the application fee required to be paid shall be proportioned	140293
in amount to the remainder of the license year, except that it	140294
shall not be less than twenty-five dollars in any one year.	140295

(3) The holder of a retail dealer's cigarette license may	140296
transfer the license to a place of business within the same county	140297
other than that designated on the license on condition that the	140298
licensee's ownership interest and business structure remain	140299
unchanged, and that the licensee applies to the county auditor	140300
therefor, upon forms approved by the commissioner and the payment	140301
of a fee of five dollars into the county treasury.	140302

(C)(1) Each applicant for a license to engage in the	140303
wholesale business of trafficking in cigarettes under this	140304
section, annually, on or before the fourth Monday in May, shall	140305
make and deliver to the tax commissioner, upon a blank form	140306
furnished by the commissioner for that purpose, a statement	140307
showing the name of the applicant, physical street address where	140308
the applicant's business is conducted, the nature of the business,	140309
and any other information required by the commissioner. If the	140310
applicant is a firm, partnership, or association other than a	140311
corporation, the applicant shall state the name and address of	140312
each of its members. If the applicant is a corporation, the	140313
applicant shall state the name and address of each of its	140314
officers. At the time of making the application required by this	140315
section, every person desiring to engage in the wholesale business	140316
of trafficking in cigarettes shall pay an application fee of one	140317
thousand dollars for each physical place where the person proposes	140318
to carry on such business. Each place of business shall be deemed	140319
such space, under lease or license to, or under the control of, or	140320
under the supervision of the applicant, as is contained in one or	140321
more contiguous, adjacent, or adjoining buildings constituting an	140322
industrial plant or a place of business operated by, or under the	140323
control of, one person, or under one roof and connected by doors,	140324
halls, stairways, or elevators. A duplicate license may be	140325
obtained from the commissioner upon payment of a	140326
twenty-five-dollar fee if the original license is lost, destroyed,	140327
or defaced.	140328

(2) Upon receipt of the application and payment of any	140329
application fee required by this section, the commissioner shall	140330
verify that the applicant is ~~in good standing under~~not in	140331
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	140332
the Revised Code. The commissioner shall also verify that the	140333
applicant has filed any returns, submitted any information, and	140334
paid any outstanding taxes or fees as required by the	140335
commissioner, to the extent that the commissioner is aware of the	140336
returns, information, taxes, or fees at the time of the	140337
application. Upon approval, the commissioner shall issue to the	140338
applicant a license for each physical place of business designated	140339
in the application authorizing the applicant to engage in business	140340
at that location for one year commencing on the fourth Monday in	140341
May. For licenses issued after the fourth Monday in May, the	140342
application fee shall be reduced proportionately by the remainder	140343
of the twelve-month period for which the license is issued, except	140344
that the application fee required to be paid under this section	140345
shall be not less than two hundred dollars in any one year.	140346

(3) The holder of a wholesale dealer cigarette license may	140347
transfer the license to a place of business other than that	140348
designated on the license on condition that the licensee's	140349
ownership or business structure remains unchanged, and that the	140350
licensee applies to the commissioner for such a transfer upon a	140351
form promulgated by the commissioner and pays a fee of twenty-five	140352
dollars, which shall be deposited into the cigarette tax	140353
enforcement fund created in division (E) of this section.	140354

(D)(1) The wholesale cigarette license application fees	140355
collected under this section shall be paid into the cigarette tax	140356
enforcement fund.	140357

(2) The retail cigarette license application fees collected	140358
under this section shall be distributed as follows:	140359

(a) Thirty per cent shall be paid upon the warrant of the	140360
county auditor into the treasury of the municipal corporation or	140361
township in which the places of business for which the tax revenue	140362
was received are located;	140363

(b) Ten per cent shall be credited to the general fund of the	140364
county;	140365

(c) Sixty per cent shall be paid into the cigarette tax	140366
enforcement fund.	140367

(3) The remainder of the revenues and fines collected under	140368
this section and the penal laws relating to cigarettes shall be	140369
distributed as follows:	140370

(a) Three-fourths shall be paid upon the warrant of the	140371
county auditor into the treasury of the municipal corporation or	140372
township in which the place of business, on account of which the	140373
revenues and fines were received, is located;	140374

(b) One-fourth shall be credited to the general fund of the	140375
county.	140376

(E) There is hereby created within the state treasury the	140377
cigarette tax enforcement fund for the purpose of providing funds	140378
to assist in paying the costs of enforcing sections 1333.11 to	140379
1333.21 and Chapter 5743. of the Revised Code.	140380

The portion of cigarette license application fees received by	140381
a county auditor during the annual application period that ends on	140382
the fourth Monday in May and that is required to be deposited in	140383
the cigarette tax enforcement fund shall be sent to the treasurer	140384
of state by the thirtieth day of June each year accompanied by the	140385
form prescribed by the tax commissioner. The portion of cigarette	140386
license application fees received by each county auditor after the	140387
fourth Monday in May and that is required to be deposited in the	140388
cigarette tax enforcement fund shall be sent to the treasurer of	140389
state by the last day of the month following the month in which	140390
such fees were collected.	140391

(F)(1) Every person who desires to engage in the business of	140392
a manufacturer or importer of cigarettes shall, annually, on or	140393
before the fourth Monday of May, make and deliver to the tax	140394
commissioner, upon a blank form furnished by the commissioner for	140395
that purpose, a statement showing the name of the applicant, the	140396
nature of the applicant's business, and any other information	140397
required by the commissioner. If the applicant is a firm,	140398
partnership, or association other than a corporation, the	140399
applicant shall state the name and address of each of its members.	140400
If the applicant is a corporation, the applicant shall state the	140401
name and address of each of its officers.	140402

(2) Upon receipt of the application required under this	140403
section, the commissioner shall verify that the applicant is in	140404
~~good standing under~~not in violation of any provision of Chapter	140405
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	140406
shall also verify that the applicant has filed any returns,	140407
submitted any information, and paid any outstanding taxes or fees	140408
as required by the commissioner, to the extent that the	140409
commissioner is aware of the returns, information, taxes, or fees	140410
at the time of the application. Upon approval, the commissioner	140411
shall issue to the applicant a license authorizing the applicant	140412
to engage in the business of manufacturer or importer, whichever	140413
the case may be, for one year commencing on the fourth Monday of	140414
May.	140415

(3) The issuing of a license under division (F)(1) of this	140416
section to a manufacturer does not excuse a manufacturer from the	140417
certification process required under section 1346.05 of the	140418
Revised Code. A manufacturer who is issued a license under	140419
division (F)(1) of this section and who is not listed on the	140420
directory required under section 1346.05 of the Revised Code shall	140421
not be permitted to sell cigarettes in this state other than to a	140422
licensed cigarette wholesaler for sale outside this state. Such a	140423
manufacturer shall provide documentation to the commissioner	140424
evidencing that the cigarettes are legal for sale in another	140425
state.	140426

(G) The tax commissioner may adopt rules necessary to	140427
administer this section.	140428

Sec. 5743.56. (A) Any person required to pay the tax imposed	140429
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	140430
personally liable for the tax. The tax commissioner may make an	140431
assessment, based upon any information in the commissioner's	140432
possession, against any person who fails to file a return or pay	140433
any tax, interest, or additional charge as required by this	140434
chapter. The commissioner shall give the person assessed written	140435
notice of such assessment in the manner provided in section	140436
5703.37 of the Revised Code. With the notice, the commissioner	140437
shall provide instructions on how to petition for reassessment and	140438
request a hearing on the petition.	140439

(B) When the information in the possession of the tax	140440
commissioner indicates that a person liable for the tax imposed by	140441
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	140442
paid the full amount of tax due, the commissioner may audit a	140443
representative sample of the person's business and may issue an	140444
assessment based on such audit.	140445

(C) A penalty of up to fifteen per cent may be added to all	140446
amounts assessed under this section. The tax commissioner may	140447
adopt rules providing for the imposition and remission of such	140448
penalties.	140449

(D) Unless the person assessed files with the tax	140450
commissioner within sixty days after service of the notice of	140451
assessment, either personally or by certified mail, a written	140452
petition for reassessment signed by the person assessed or that	140453
person's authorized agent having knowledge of the facts, the	140454
assessment becomes final and the amount of the assessment is due	140455
and payable from the person assessed to the treasurer of state. A	140456
petition shall indicate the objections of the person assessed, but	140457
additional objections may be raised in writing if received by the	140458
commissioner prior to the date shown on the final determination.	140459
If the petition has been properly filed, the commissioner shall	140460
proceed under section 5703.60 of the Revised Code.	140461

(E) After an assessment becomes final, if any portion of the	140462
assessment, including accrued interest, remains unpaid, a	140463
certified copy of the tax commissioner's entry making the	140464
assessment final may be filed in the office of the clerk of the	140465
court of common pleas in the county in which the person assessed	140466
resides or in which the person assessed conducts business. If the	140467
person assessed maintains no place of business in this state and	140468
is not a resident of this state, the certified copy of the entry	140469
may be filed in the office of the clerk of the court of common	140470
pleas of Franklin county.	140471

Immediately upon the filing of the entry, the clerk shall	140472
enter a judgment for the state against the person assessed in the	140473
amount shown on the entry. The judgment may be filed by the clerk	140474
in a loose-leaf book entitled "special judgments for state tobacco	140475
products tax," and shall have the same effect as other judgments.	140476
Execution shall issue upon the judgment upon the request of the	140477
commissioner, and all laws applicable to sales on execution shall	140478
apply to sales made under the judgment.	140479

~~The portion of~~If the assessment is not paid in its entirety	140480
within sixty days after the day the assessment is issued, the	140481
portion of the assessment consisting of tax due shall bear	140482
interest at the rate per annum prescribed by section 5703.47 of	140483
the Revised Code from the day the commissioner issues the	140484
assessment until the assessment is paid or until it is certified	140485
to the attorney general for collection under section 131.02 of the	140486
Revised Code, whichever comes first. If the unpaid portion of the	140487
assessment is certified to the attorney general for collection,	140488
the entire unpaid portion of the assessment shall bear interest at	140489
the rate per annum prescribed by section 5703.47 of the Revised	140490
Code from the date of certification until the date it is paid in	140491
its entirety. Interest shall be paid in the same manner as the tax	140492
and may be collected by issuing an assessment under this section.	140493

(F) If the tax commissioner believes that collection of the	140494
tax will be jeopardized unless proceedings to collect or secure	140495
collection of the tax are instituted without delay, the	140496
commissioner may issue a jeopardy assessment against the person	140497
liable for the tax. Immediately upon the issuance of the jeopardy	140498
assessment, the commissioner shall file an entry with the clerk of	140499
the court of common pleas in the manner prescribed by division (E)	140500
of this section. Notice of the jeopardy assessment shall be served	140501
on the person assessed or the legal representative of the person	140502
assessed, as provided in section 5703.37 of the Revised Code,	140503
within five days of the filing of the entry with the clerk. The	140504
total amount assessed is immediately due and payable, unless the	140505
person assessed files a petition for reassessment in accordance	140506
with division (D) of this section and provides security in a form	140507
satisfactory to the commissioner and in an amount sufficient to	140508
satisfy the unpaid balance of the assessment. Full or partial	140509
payment of the assessment does not prejudice the commissioner's	140510
consideration of the petition for reassessment.	140511

(G) All money collected by the tax commissioner under this	140512
section shall be paid to the treasurer of state as revenue arising	140513
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	140514
the Revised Code.	140515

Sec. 5745.12. (A) If any taxpayer required to file a report	140516
under this chapter fails to file the report within the time	140517
prescribed, files an incorrect report, or fails to remit the full	140518
amount of the tax due for the period covered by the report, the	140519
tax commissioner may make an assessment against the taxpayer for	140520
any deficiency for the period for which the report or tax is due,	140521
based upon any information in the commissioner's possession.	140522

The tax commissioner shall not make or issue an assessment	140523
against a taxpayer more than three years after the later of the	140524
final date the report subject to assessment was required to be	140525
filed or the date the report was filed. Such time limit may be	140526
extended if both the taxpayer and the commissioner consent in	140527
writing to the extension. Any such extension shall extend the	140528
three-year time limit in section 5745.11 of the Revised Code for	140529
the same period of time. There shall be no bar or limit to an	140530
assessment against a taxpayer that fails to file a report subject	140531
to assessment as required by this chapter, or that files a	140532
fraudulent report. The commissioner shall give the taxpayer	140533
assessed written notice of the assessment as provided in section	140534
5703.37 of the Revised Code. With the notice, the commissioner	140535
shall provide instructions on how to petition for reassessment and	140536
request a hearing on the petition.	140537

(B) Unless the taxpayer assessed files with the tax	140538
commissioner within sixty days after service of the notice of	140539
assessment, either personally or by certified mail, a written	140540
petition for reassessment signed by the authorized agent of the	140541
taxpayer assessed having knowledge of the facts, the assessment	140542
becomes final, and the amount of the assessment is due and payable	140543
from the taxpayer to the treasurer of state. The petition shall	140544
indicate the taxpayer's objections, but additional objections may	140545
be raised in writing if received by the commissioner prior to the	140546
date shown on the final determination. If the petition has been	140547
properly filed, the commissioner shall proceed under section	140548
5703.60 of the Revised Code.	140549

(C) After an assessment becomes final, if any portion of the	140550
assessment remains unpaid, including accrued interest, a certified	140551
copy of the tax commissioner's entry making the assessment final	140552
may be filed in the office of the clerk of the court of common	140553
pleas in the county in which the taxpayer has an office or place	140554
of business in this state, the county in which the taxpayer's	140555
statutory agent is located, or Franklin county.	140556

Immediately upon the filing of the entry, the clerk shall	140557
enter a judgment against the taxpayer assessed in the amount shown	140558
on the entry. The judgment may be filed by the clerk in a	140559
loose-leaf book entitled "special judgments for municipal income	140560
taxes," and shall have the same effect as other judgments.	140561
Execution shall issue upon the judgment upon the request of the	140562
tax commissioner, and all laws applicable to sales on execution	140563
shall apply to sales made under the judgment.	140564

~~The portion of an~~If the assessment is not paid in its	140565
entirety within sixty days after the day the assessment was	140566
issued, the portion of the assessment consisting of tax due shall	140567
bear interest at the rate per annum prescribed by section 5703.47	140568
of the Revised Code from the day the commissioner issues the	140569
assessment until the assessment is paid or until it is certified	140570
to the attorney general for collection under section 131.02 of the	140571
Revised Code, whichever comes first. If the unpaid portion of the	140572
assessment is certified to the attorney general for collection,	140573
the entire unpaid portion of the assessment shall bear interest at	140574
the rate per annum prescribed by section 5703.47 of the Revised	140575
Code from the date of certification until the date it is paid in	140576
its entirety. Interest shall be paid in the same manner as the tax	140577
and may be collected by issuing an assessment under this section.	140578

(D) All money collected under this section shall be credited	140579
and distributed to the municipal corporation to which the money is	140580
owed based on the assessment issued under this section.	140581

(E) If the tax commissioner believes that collection of the	140582
tax imposed by this chapter will be jeopardized unless proceedings	140583
to collect or secure collection of the tax are instituted without	140584
delay, the commissioner may issue a jeopardy assessment against	140585
the taxpayer liable for the tax. Immediately upon the issuance of	140586
the jeopardy assessment, the commissioner shall file an entry with	140587
the clerk of the court of common pleas in the manner prescribed by	140588
division (C) of this section. Notice of the jeopardy assessment	140589
shall be served on the taxpayer assessed or the taxpayer's legal	140590
representative in the manner provided in section 5703.37 of the	140591
Revised Code within five days of the filing of the entry with the	140592
clerk. The total amount assessed is immediately due and payable,	140593
unless the taxpayer assessed files a petition for reassessment in	140594
accordance with division (B) of this section and provides security	140595
in a form satisfactory to the commissioner and in an amount	140596
sufficient to satisfy the unpaid balance of the assessment. Full	140597
or partial payment of the assessment does not prejudice the	140598
commissioner's consideration of the petition for reassessment.	140599

(F) Notwithstanding the fact that a petition for reassessment	140600
is pending, the taxpayer may pay all or a portion of the	140601
assessment that is the subject of the petition. The acceptance of	140602
a payment by the treasurer of state does not prejudice any claim	140603
for refund upon final determination of the petition.	140604

If upon final determination of the petition an error in the	140605
assessment is corrected by the tax commissioner, upon petition so	140606
filed or pursuant to a decision of the board of tax appeals or any	140607
court to which the determination or decision has been appealed, so	140608
that the amount due from the taxpayer under the corrected	140609
assessment is less than the portion paid, there shall be issued to	140610
the taxpayer, its assigns, or legal representative a refund in the	140611
amount of the overpayment as provided by section 5745.11 of the	140612
Revised Code, with interest on that amount as provided by section	140613
5745.11 of the Revised Code.	140614

Sec. 5747.01. Except as otherwise expressly provided or	140615
clearly appearing from the context, any term used in this chapter	140616
that is not otherwise defined in this section has the same meaning	140617
as when used in a comparable context in the laws of the United	140618
States relating to federal income taxes or if not used in a	140619
comparable context in those laws, has the same meaning as in	140620
section 5733.40 of the Revised Code. Any reference in this chapter	140621
to the Internal Revenue Code includes other laws of the United	140622
States relating to federal income taxes.	140623

As used in this chapter:

140624

(A) "Adjusted gross income" or "Ohio adjusted gross income"	140625
means federal adjusted gross income, as defined and used in the	140626
Internal Revenue Code, adjusted as provided in this section:	140627

(1) Add interest or dividends on obligations or securities of	140628
any state or of any political subdivision or authority of any	140629
state, other than this state and its subdivisions and authorities.	140630

(2) Add interest or dividends on obligations of any	140631
authority, commission, instrumentality, territory, or possession	140632
of the United States to the extent that the interest or dividends	140633
are exempt from federal income taxes but not from state income	140634
taxes.	140635

(3) Deduct interest or dividends on obligations of the United	140636
States and its territories and possessions or of any authority,	140637
commission, or instrumentality of the United States to the extent	140638
that the interest or dividends are included in federal adjusted	140639
gross income but exempt from state income taxes under the laws of	140640
the United States.	140641

(4) Deduct disability and survivor's benefits to the extent	140642
included in federal adjusted gross income.	140643

(5) Deduct benefits under Title II of the Social Security Act	140644
and tier 1 railroad retirement benefits to the extent included in	140645
federal adjusted gross income under section 86 of the Internal	140646
Revenue Code.	140647

(6) In the case of a taxpayer who is a beneficiary of a trust	140648
that makes an accumulation distribution as defined in section 665	140649
of the Internal Revenue Code, add, for the beneficiary's taxable	140650
years beginning before 2002, the portion, if any, of such	140651
distribution that does not exceed the undistributed net income of	140652
the trust for the three taxable years preceding the taxable year	140653
in which the distribution is made to the extent that the portion	140654
was not included in the trust's taxable income for any of the	140655
trust's taxable years beginning in 2002 or thereafter.	140656
"Undistributed net income of a trust" means the taxable income of	140657
the trust increased by (a)(i) the additions to adjusted gross	140658
income required under division (A) of this section and (ii) the	140659
personal exemptions allowed to the trust pursuant to section	140660
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	140661
deductions to adjusted gross income required under division (A) of	140662
this section, (ii) the amount of federal income taxes attributable	140663
to such income, and (iii) the amount of taxable income that has	140664
been included in the adjusted gross income of a beneficiary by	140665
reason of a prior accumulation distribution. Any undistributed net	140666
income included in the adjusted gross income of a beneficiary	140667
shall reduce the undistributed net income of the trust commencing	140668
with the earliest years of the accumulation period.	140669

(7) Deduct the amount of wages and salaries, if any, not	140670
otherwise allowable as a deduction but that would have been	140671
allowable as a deduction in computing federal adjusted gross	140672
income for the taxable year, had the targeted jobs credit allowed	140673
and determined under sections 38, 51, and 52 of the Internal	140674
Revenue Code not been in effect.	140675

(8) Deduct any interest or interest equivalent on public	140676
obligations and purchase obligations to the extent that the	140677
interest or interest equivalent is included in federal adjusted	140678
gross income.	140679

(9) Add any loss or deduct any gain resulting from the sale,	140680
exchange, or other disposition of public obligations to the extent	140681
that the loss has been deducted or the gain has been included in	140682
computing federal adjusted gross income.	140683

(10) Deduct or add amounts, as provided under section 5747.70	140684
of the Revised Code, related to contributions to variable college	140685
savings program accounts made or tuition units purchased pursuant	140686
to Chapter 3334. of the Revised Code.	140687

(11)(a) Deduct, to the extent not otherwise allowable as a	140688
deduction or exclusion in computing federal or Ohio adjusted gross	140689
income for the taxable year, the amount the taxpayer paid during	140690
the taxable year for medical care insurance and qualified	140691
long-term care insurance for the taxpayer, the taxpayer's spouse,	140692
and dependents. No deduction for medical care insurance under	140693
division (A)(11) of this section shall be allowed either to any	140694
taxpayer who is eligible to participate in any subsidized health	140695
plan maintained by any employer of the taxpayer or of the	140696
taxpayer's spouse, or to any taxpayer who is entitled to, or on	140697
application would be entitled to, benefits under part A of Title	140698
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	140699
301, as amended. For the purposes of division (A)(11)(a) of this	140700
section, "subsidized health plan" means a health plan for which	140701
the employer pays any portion of the plan's cost. The deduction	140702
allowed under division (A)(11)(a) of this section shall be the net	140703
of any related premium refunds, related premium reimbursements, or	140704
related insurance premium dividends received during the taxable	140705
year.	140706

(b) Deduct, to the extent not otherwise deducted or excluded	140707
in computing federal or Ohio adjusted gross income during the	140708
taxable year, the amount the taxpayer paid during the taxable	140709
year, not compensated for by any insurance or otherwise, for	140710
medical care of the taxpayer, the taxpayer's spouse, and	140711
dependents, to the extent the expenses exceed seven and one-half	140712
per cent of the taxpayer's federal adjusted gross income.	140713

(c) Deduct, to the extent not otherwise deducted or excluded	140714
in computing federal or Ohio adjusted gross income, any amount	140715
included in federal adjusted gross income under section 105 or not	140716
excluded under section 106 of the Internal Revenue Code solely	140717
because it relates to an accident and health plan for a person who	140718
otherwise would be a "qualifying relative" and thus a "dependent"	140719
under section 152 of the Internal Revenue Code but for the fact	140720
that the person fails to meet the income and support limitations	140721
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	140722

(d) For purposes of division (A)(11) of this section,	140723
"medical care" has the meaning given in section 213 of the	140724
Internal Revenue Code, subject to the special rules, limitations,	140725
and exclusions set forth therein, and "qualified long-term care"	140726
has the same meaning given in section 7702B(c) of the Internal	140727
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	140728
of this section, "dependent" includes a person who otherwise would	140729
be a "qualifying relative" and thus a "dependent" under section	140730
152 of the Internal Revenue Code but for the fact that the person	140731
fails to meet the income and support limitations under section	140732
152(d)(1)(B) and (C) of the Internal Revenue Code.	140733

(12)(a) Deduct any amount included in federal adjusted gross	140734
income solely because the amount represents a reimbursement or	140735
refund of expenses that in any year the taxpayer had deducted as	140736
an itemized deduction pursuant to section 63 of the Internal	140737
Revenue Code and applicable United States department of the	140738
treasury regulations. The deduction otherwise allowed under	140739
division (A)(12)(a) of this section shall be reduced to the extent	140740
the reimbursement is attributable to an amount the taxpayer	140741
deducted under this section in any taxable year.	140742

(b) Add any amount not otherwise included in Ohio adjusted	140743
gross income for any taxable year to the extent that the amount is	140744
attributable to the recovery during the taxable year of any amount	140745
deducted or excluded in computing federal or Ohio adjusted gross	140746
income in any taxable year.	140747

(13) Deduct any portion of the deduction described in section	140748
1341(a)(2) of the Internal Revenue Code, for repaying previously	140749
reported income received under a claim of right, that meets both	140750
of the following requirements:	140751

(a) It is allowable for repayment of an item that was	140752
included in the taxpayer's adjusted gross income for a prior	140753
taxable year and did not qualify for a credit under division (A)	140754
or (B) of section 5747.05 of the Revised Code for that year;	140755

(b) It does not otherwise reduce the taxpayer's adjusted	140756
gross income for the current or any other taxable year.	140757

(14) Deduct an amount equal to the deposits made to, and net	140758
investment earnings of, a medical savings account during the	140759
taxable year, in accordance with section 3924.66 of the Revised	140760
Code. The deduction allowed by division (A)(14) of this section	140761
does not apply to medical savings account deposits and earnings	140762
otherwise deducted or excluded for the current or any other	140763
taxable year from the taxpayer's federal adjusted gross income.	140764

(15)(a) Add an amount equal to the funds withdrawn from a	140765
medical savings account during the taxable year, and the net	140766
investment earnings on those funds, when the funds withdrawn were	140767
used for any purpose other than to reimburse an account holder	140768
for, or to pay, eligible medical expenses, in accordance with	140769
section 3924.66 of the Revised Code;	140770

(b) Add the amounts distributed from a medical savings	140771
account under division (A)(2) of section 3924.68 of the Revised	140772
Code during the taxable year.	140773

(16) Add any amount claimed as a credit under section	140774
5747.059 or 5747.65 of the Revised Code to the extent that such	140775
amount satisfies either of the following:	140776

(a) The amount was deducted or excluded from the computation	140777
of the taxpayer's federal adjusted gross income as required to be	140778
reported for the taxpayer's taxable year under the Internal	140779
Revenue Code;	140780

(b) The amount resulted in a reduction of the taxpayer's	140781
federal adjusted gross income as required to be reported for any	140782
of the taxpayer's taxable years under the Internal Revenue Code.	140783

(17) Deduct the amount contributed by the taxpayer to an	140784
individual development account program established by a county	140785
department of job and family services pursuant to sections 329.11	140786
to 329.14 of the Revised Code for the purpose of matching funds	140787
deposited by program participants. On request of the tax	140788
commissioner, the taxpayer shall provide any information that, in	140789
the tax commissioner's opinion, is necessary to establish the	140790
amount deducted under division (A)(17) of this section.	140791

(18) Beginning in taxable year 2001 but not for any taxable	140792
year beginning after December 31, 2005, if the taxpayer is married	140793
and files a joint return and the combined federal adjusted gross	140794
income of the taxpayer and the taxpayer's spouse for the taxable	140795
year does not exceed one hundred thousand dollars, or if the	140796
taxpayer is single and has a federal adjusted gross income for the	140797
taxable year not exceeding fifty thousand dollars, deduct amounts	140798
paid during the taxable year for qualified tuition and fees paid	140799
to an eligible institution for the taxpayer, the taxpayer's	140800
spouse, or any dependent of the taxpayer, who is a resident of	140801
this state and is enrolled in or attending a program that	140802
culminates in a degree or diploma at an eligible institution. The	140803
deduction may be claimed only to the extent that qualified tuition	140804
and fees are not otherwise deducted or excluded for any taxable	140805
year from federal or Ohio adjusted gross income. The deduction may	140806
not be claimed for educational expenses for which the taxpayer	140807
claims a credit under section 5747.27 of the Revised Code.	140808

(19) Add any reimbursement received during the taxable year	140809
of any amount the taxpayer deducted under division (A)(18) of this	140810
section in any previous taxable year to the extent the amount is	140811
not otherwise included in Ohio adjusted gross income.	140812

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	140813
(v) of this section, add five-sixths of the amount of depreciation	140814
expense allowed by subsection (k) of section 168 of the Internal	140815
Revenue Code, including the taxpayer's proportionate or	140816
distributive share of the amount of depreciation expense allowed	140817
by that subsection to a pass-through entity in which the taxpayer	140818
has a direct or indirect ownership interest.	140819

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	140820
this section, add five-sixths of the amount of qualifying section	140821
179 depreciation expense, including the taxpayer's proportionate	140822
or distributive share of the amount of qualifying section 179	140823
depreciation expense allowed to any pass-through entity in which	140824
the taxpayer has a direct or indirect ownership interest.	140825

(iii) Subject to division (A)(20)(a)(v) of this section, for	140826
taxable years beginning in 2012 or thereafter, if the increase in	140827
income taxes withheld by the taxpayer is equal to or greater than	140828
ten per cent of income taxes withheld by the taxpayer during the	140829
taxpayer's immediately preceding taxable year, "two-thirds" shall	140830
be substituted for "five-sixths" for the purpose of divisions	140831
(A)(20)(a)(i) and (ii) of this section.	140832

(iv) Subject to division (A)(20)(a)(v) of this section, for	140833
taxable years beginning in 2012 or thereafter, a taxpayer is not	140834
required to add an amount under division (A)(20) of this section	140835
if the increase in income taxes withheld by the taxpayer and by	140836
any pass-through entity in which the taxpayer has a direct or	140837
indirect ownership interest is equal to or greater than the sum of	140838
(I) the amount of qualifying section 179 depreciation expense and	140839
(II) the amount of depreciation expense allowed to the taxpayer by	140840
subsection (k) of section 168 of the Internal Revenue Code, and	140841
including the taxpayer's proportionate or distributive shares of	140842
such amounts allowed to any such pass-through entities.	140843

(v) If a taxpayer directly or indirectly incurs a net	140844
operating loss for the taxable year for federal income tax	140845
purposes, to the extent such loss resulted from depreciation	140846
expense allowed by subsection (k) of section 168 of the Internal	140847
Revenue Code and by qualifying section 179 depreciation expense,	140848
"the entire" shall be substituted for "five-sixths of the" for the	140849
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	140850

The tax commissioner, under procedures established by the	140851
commissioner, may waive the add-backs related to a pass-through	140852
entity if the taxpayer owns, directly or indirectly, less than	140853
five per cent of the pass-through entity.	140854

(b) Nothing in division (A)(20) of this section shall be	140855
construed to adjust or modify the adjusted basis of any asset.	140856

(c) To the extent the add-back required under division	140857
(A)(20)(a) of this section is attributable to property generating	140858
nonbusiness income or loss allocated under section 5747.20 of the	140859
Revised Code, the add-back shall be sitused to the same location	140860
as the nonbusiness income or loss generated by the property for	140861
the purpose of determining the credit under division (A) of	140862
section 5747.05 of the Revised Code. Otherwise, the add-back shall	140863
be apportioned, subject to one or more of the four alternative	140864
methods of apportionment enumerated in section 5747.21 of the	140865
Revised Code.	140866

(d) For the purposes of division (A)(20)(a)(v) of this	140867
section, net operating loss carryback and carryforward shall not	140868
include the allowance of any net operating loss deduction	140869
carryback or carryforward to the taxable year to the extent such	140870
loss resulted from depreciation allowed by section 168(k) of the	140871
Internal Revenue Code and by the qualifying section 179	140872
depreciation expense amount.	140873

(e) For the purposes of divisions (A)(20) and (21) of this	140874
section:	140875

(i) "Income taxes withheld" means the total amount withheld	140876
and remitted under sections 5747.06 and 5747.07 of the Revised	140877
Code by an employer during the employer's taxable year.	140878

(ii) "Increase in income taxes withheld" means the amount by	140879
which the amount of income taxes withheld by an employer during	140880
the employer's current taxable year exceeds the amount of income	140881
taxes withheld by that employer during the employer's immediately	140882
preceding taxable year.	140883

(iii) "Qualifying section 179 depreciation expense" means the	140884
difference between (I) the amount of depreciation expense directly	140885
or indirectly allowed to a taxpayer under section 179 of the	140886
Internal Revised Code, and (II) the amount of depreciation expense	140887
directly or indirectly allowed to the taxpayer under section 179	140888
of the Internal Revenue Code as that section existed on December	140889
31, 2002.	140890

(21)(a) If the taxpayer was required to add an amount under	140891
division (A)(20)(a) of this section for a taxable year, deduct one	140892
of the following:	140893

(i) One-fifth of the amount so added for each of the five	140894
succeeding taxable years if the amount so added was five-sixths of	140895
qualifying section 179 depreciation expense or depreciation	140896
expense allowed by subsection (k) of section 168 of the Internal	140897
Revenue Code;	140898

(ii) One-half of the amount so added for each of the two	140899
succeeding taxable years if the amount so added was two-thirds of	140900
such depreciation expense;	140901

(iii) One-sixth of the amount so added for each of the six	140902
succeeding taxable years if the entire amount of such depreciation	140903
expense was so added.	140904

(b) If the amount deducted under division (A)(21)(a) of this	140905
section is attributable to an add-back allocated under division	140906
(A)(20)(c) of this section, the amount deducted shall be sitused	140907
to the same location. Otherwise, the add-back shall be apportioned	140908
using the apportionment factors for the taxable year in which the	140909
deduction is taken, subject to one or more of the four alternative	140910
methods of apportionment enumerated in section 5747.21 of the	140911
Revised Code.	140912

(c) No deduction is available under division (A)(21)(a) of	140913
this section with regard to any depreciation allowed by section	140914
168(k) of the Internal Revenue Code and by the qualifying section	140915
179 depreciation expense amount to the extent that such	140916
depreciation results in or increases a federal net operating loss	140917
carryback or carryforward. If no such deduction is available for a	140918
taxable year, the taxpayer may carry forward the amount not	140919
deducted in such taxable year to the next taxable year and add	140920
that amount to any deduction otherwise available under division	140921
(A)(21)(a) of this section for that next taxable year. The	140922
carryforward of amounts not so deducted shall continue until the	140923
entire addition required by division (A)(20)(a) of this section	140924
has been deducted.	140925

(d) No refund shall be allowed as a result of adjustments	140926
made by division (A)(21) of this section.	140927

(22) Deduct, to the extent not otherwise deducted or excluded	140928
in computing federal or Ohio adjusted gross income for the taxable	140929
year, the amount the taxpayer received during the taxable year as	140930
reimbursement for life insurance premiums under section 5919.31 of	140931
the Revised Code.	140932

(23) Deduct, to the extent not otherwise deducted or excluded	140933
in computing federal or Ohio adjusted gross income for the taxable	140934
year, the amount the taxpayer received during the taxable year as	140935
a death benefit paid by the adjutant general under section 5919.33	140936
of the Revised Code.	140937

(24) Deduct, to the extent included in federal adjusted gross	140938
income and not otherwise allowable as a deduction or exclusion in	140939
computing federal or Ohio adjusted gross income for the taxable	140940
year, military pay and allowances received by the taxpayer during	140941
the taxable year for active duty service in the United States	140942
army, air force, navy, marine corps, or coast guard or reserve	140943
components thereof or the national guard. The deduction may not be	140944
claimed for military pay and allowances received by the taxpayer	140945
while the taxpayer is stationed in this state.	140946

(25) Deduct, to the extent not otherwise allowable as a	140947
deduction or exclusion in computing federal or Ohio adjusted gross	140948
income for the taxable year and not otherwise compensated for by	140949
any other source, the amount of qualified organ donation expenses	140950
incurred by the taxpayer during the taxable year, not to exceed	140951
ten thousand dollars. A taxpayer may deduct qualified organ	140952
donation expenses only once for all taxable years beginning with	140953
taxable years beginning in 2007.	140954

For the purposes of division (A)(25) of this section:

140955

(a) "Human organ" means all or any portion of a human liver,	140956
pancreas, kidney, intestine, or lung, and any portion of human	140957
bone marrow.	140958

(b) "Qualified organ donation expenses" means travel	140959
expenses, lodging expenses, and wages and salary forgone by a	140960
taxpayer in connection with the taxpayer's donation, while living,	140961
of one or more of the taxpayer's human organs to another human	140962
being.	140963

(26) Deduct, to the extent not otherwise deducted or excluded	140964
in computing federal or Ohio adjusted gross income for the taxable	140965
year, amounts received by the taxpayer as retired ~~military~~	140966
personnel pay for service in the ~~United States army, navy, air~~	140967
~~force, coast guard, or marine corps~~uniformed services or reserve	140968
components thereof, or the national guard, or received by the	140969
surviving spouse or former spouse of such a taxpayer under the	140970
survivor benefit plan on account of such a taxpayer's death. If	140971
the taxpayer receives income on account of retirement paid under	140972
the federal civil service retirement system or federal employees	140973
retirement system, or under any successor retirement program	140974
enacted by the congress of the United States that is established	140975
and maintained for retired employees of the United States	140976
government, and such retirement income is based, in whole or in	140977
part, on credit for the taxpayer's ~~military~~uniformed service, the	140978
deduction allowed under this division shall include only that	140979
portion of such retirement income that is attributable to the	140980
taxpayer's ~~military~~uniformed service, to the extent that portion	140981
of such retirement income is otherwise included in federal	140982
adjusted gross income and is not otherwise deducted under this	140983
section. Any amount deducted under division (A)(26) of this	140984
section is not included in a taxpayer's adjusted gross income for	140985
the purposes of section 5747.055 of the Revised Code. No amount	140986
may be deducted under division (A)(26) of this section on the	140987
basis of which a credit was claimed under section 5747.055 of the	140988
Revised Code.	140989

(27) Deduct, to the extent not otherwise deducted or excluded	140990
in computing federal or Ohio adjusted gross income for the taxable	140991
year, the amount the taxpayer received during the taxable year	140992
from the military injury relief fund created in section 5101.98 of	140993
the Revised Code.	140994

(28) Deduct, to the extent not otherwise deducted or excluded	140995
in computing federal or Ohio adjusted gross income for the taxable	140996
year, the amount the taxpayer received as a veterans bonus during	140997
the taxable year from the Ohio department of veterans services as	140998
authorized by Section 2r of Article VIII, Ohio Constitution.	140999

(29) Deduct, to the extent not otherwise deducted or excluded	141000
in computing federal or Ohio adjusted gross income for the taxable	141001
year, any loss from wagering transactions that is allowed as an	141002
itemized deduction under section 165 of the Internal Revenue Code	141003
and that the taxpayer deducted in computing federal taxable	141004
income.	141005

(30) Deduct, to the extent not otherwise deducted or excluded	141006
in computing federal or Ohio adjusted gross income for the taxable	141007
year, any income derived from a transfer agreement or from the	141008
enterprise transferred under that agreement under section 4313.02	141009
of the Revised Code.	141010

(31) Deduct, to the extent not otherwise deducted or excluded	141011
in computing federal or Ohio adjusted gross income for the taxable	141012
year, Ohio college opportunity or federal Pell grant amounts	141013
received by the taxpayer or the taxpayer's spouse or dependent	141014
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	141015
1070a, et seq., and used to pay room or board furnished by the	141016
educational institution for which the grant was awarded at the	141017
institution's facilities, including meal plans administered by the	141018
institution. For the purposes of this division, receipt of a grant	141019
includes the distribution of a grant directly to an educational	141020
institution and the crediting of the grant to the enrollee's	141021
account with the institution.	141022

(32) Deduct one-half of the taxpayer's Ohio small business	141023
investor income, not to exceed one hundred eighty-seven thousand	141024
five hundred dollars for each spouse if spouses file separate	141025
returns under section 5747.08 of the Revised Code or three hundred	141026
seventy-five thousand dollars for all other taxpayers. No	141027
pass-through entity may claim a deduction under this division.	141028

For the purposes of this division, "Ohio small business	141029
investor income" means the portion of a taxpayer's adjusted gross	141030
income that is business income reduced by deductions from business	141031
income and apportioned or allocated to this state under sections	141032
5747.21 and 5747.22 of the Revised Code, to the extent not	141033
otherwise deducted or excluded in computing federal or Ohio	141034
adjusted gross income for the taxable year.	141035

(B) "Business income" means income, including gain or loss,	141036
arising from transactions, activities, and sources in the regular	141037
course of a trade or business and includes income, gain, or loss	141038
from real property, tangible property, and intangible property if	141039
the acquisition, rental, management, and disposition of the	141040
property constitute integral parts of the regular course of a	141041
trade or business operation. "Business income" includes income,	141042
including gain or loss, from a partial or complete liquidation of	141043
a business, including, but not limited to, gain or loss from the	141044
sale or other disposition of goodwill.	141045

(C) "Nonbusiness income" means all income other than business	141046
income and may include, but is not limited to, compensation, rents	141047
and royalties from real or tangible personal property, capital	141048
gains, interest, dividends and distributions, patent or copyright	141049
royalties, or lottery winnings, prizes, and awards.	141050

(D) "Compensation" means any form of remuneration paid to an	141051
employee for personal services.	141052

(E) "Fiduciary" means a guardian, trustee, executor,	141053
administrator, receiver, conservator, or any other person acting	141054
in any fiduciary capacity for any individual, trust, or estate.	141055

(F) "Fiscal year" means an accounting period of twelve months	141056
ending on the last day of any month other than December.	141057

(G) "Individual" means any natural person.

141058

(H) "Internal Revenue Code" means the "Internal Revenue Code	141059
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	141060

(I) "Resident" means any of the following, provided that	141061
division (I)(3) of this section applies only to taxable years of a	141062
trust beginning in 2002 or thereafter:	141063

(1) An individual who is domiciled in this state, subject to	141064
section 5747.24 of the Revised Code;	141065

(2) The estate of a decedent who at the time of death was	141066
domiciled in this state. The domicile tests of section 5747.24 of	141067
the Revised Code are not controlling for purposes of division	141068
(I)(2) of this section.	141069

(3) A trust that, in whole or part, resides in this state. If	141070
only part of a trust resides in this state, the trust is a	141071
resident only with respect to that part.	141072

For the purposes of division (I)(3) of this section:

141073

(a) A trust resides in this state for the trust's current	141074
taxable year to the extent, as described in division (I)(3)(d) of	141075
this section, that the trust consists directly or indirectly, in	141076
whole or in part, of assets, net of any related liabilities, that	141077
were transferred, or caused to be transferred, directly or	141078
indirectly, to the trust by any of the following:	141079

(i) A person, a court, or a governmental entity or	141080
instrumentality on account of the death of a decedent, but only if	141081
the trust is described in division (I)(3)(e)(i) or (ii) of this	141082
section;	141083

(ii) A person who was domiciled in this state for the	141084
purposes of this chapter when the person directly or indirectly	141085
transferred assets to an irrevocable trust, but only if at least	141086
one of the trust's qualifying beneficiaries is domiciled in this	141087
state for the purposes of this chapter during all or some portion	141088
of the trust's current taxable year;	141089

(iii) A person who was domiciled in this state for the	141090
purposes of this chapter when the trust document or instrument or	141091
part of the trust document or instrument became irrevocable, but	141092
only if at least one of the trust's qualifying beneficiaries is a	141093
resident domiciled in this state for the purposes of this chapter	141094
during all or some portion of the trust's current taxable year. If	141095
a trust document or instrument became irrevocable upon the death	141096
of a person who at the time of death was domiciled in this state	141097
for purposes of this chapter, that person is a person described in	141098
division (I)(3)(a)(iii) of this section.	141099

(b) A trust is irrevocable to the extent that the transferor	141100
is not considered to be the owner of the net assets of the trust	141101
under sections 671 to 678 of the Internal Revenue Code.	141102

(c) With respect to a trust other than a charitable lead	141103
trust, "qualifying beneficiary" has the same meaning as "potential	141104
current beneficiary" as defined in section 1361(e)(2) of the	141105
Internal Revenue Code, and with respect to a charitable lead trust	141106
"qualifying beneficiary" is any current, future, or contingent	141107
beneficiary, but with respect to any trust "qualifying	141108
beneficiary" excludes a person or a governmental entity or	141109
instrumentality to any of which a contribution would qualify for	141110
the charitable deduction under section 170 of the Internal Revenue	141111
Code.	141112

(d) For the purposes of division (I)(3)(a) of this section,	141113
the extent to which a trust consists directly or indirectly, in	141114
whole or in part, of assets, net of any related liabilities, that	141115
were transferred directly or indirectly, in whole or part, to the	141116
trust by any of the sources enumerated in that division shall be	141117
ascertained by multiplying the fair market value of the trust's	141118
assets, net of related liabilities, by the qualifying ratio, which	141119
shall be computed as follows:	141120

(i) The first time the trust receives assets, the numerator	141121
of the qualifying ratio is the fair market value of those assets	141122
at that time, net of any related liabilities, from sources	141123
enumerated in division (I)(3)(a) of this section. The denominator	141124
of the qualifying ratio is the fair market value of all the	141125
trust's assets at that time, net of any related liabilities.	141126

(ii) Each subsequent time the trust receives assets, a	141127
revised qualifying ratio shall be computed. The numerator of the	141128
revised qualifying ratio is the sum of (1) the fair market value	141129
of the trust's assets immediately prior to the subsequent	141130
transfer, net of any related liabilities, multiplied by the	141131
qualifying ratio last computed without regard to the subsequent	141132
transfer, and (2) the fair market value of the subsequently	141133
transferred assets at the time transferred, net of any related	141134
liabilities, from sources enumerated in division (I)(3)(a) of this	141135
section. The denominator of the revised qualifying ratio is the	141136
fair market value of all the trust's assets immediately after the	141137
subsequent transfer, net of any related liabilities.	141138

(iii) Whether a transfer to the trust is by or from any of	141139
the sources enumerated in division (I)(3)(a) of this section shall	141140
be ascertained without regard to the domicile of the trust's	141141
beneficiaries.	141142

(e) For the purposes of division (I)(3)(a)(i) of this	141143
section:	141144

(i) A trust is described in division (I)(3)(e)(i) of this	141145
section if the trust is a testamentary trust and the testator of	141146
that testamentary trust was domiciled in this state at the time of	141147
the testator's death for purposes of the taxes levied under	141148
Chapter 5731. of the Revised Code.	141149

(ii) A trust is described in division (I)(3)(e)(ii) of this	141150
section if the transfer is a qualifying transfer described in any	141151
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	141152
irrevocable inter vivos trust, and at least one of the trust's	141153
qualifying beneficiaries is domiciled in this state for purposes	141154
of this chapter during all or some portion of the trust's current	141155
taxable year.	141156

(f) For the purposes of division (I)(3)(e)(ii) of this	141157
section, a "qualifying transfer" is a transfer of assets, net of	141158
any related liabilities, directly or indirectly to a trust, if the	141159
transfer is described in any of the following:	141160

(i) The transfer is made to a trust, created by the decedent	141161
before the decedent's death and while the decedent was domiciled	141162
in this state for the purposes of this chapter, and, prior to the	141163
death of the decedent, the trust became irrevocable while the	141164
decedent was domiciled in this state for the purposes of this	141165
chapter.	141166

(ii) The transfer is made to a trust to which the decedent,	141167
prior to the decedent's death, had directly or indirectly	141168
transferred assets, net of any related liabilities, while the	141169
decedent was domiciled in this state for the purposes of this	141170
chapter, and prior to the death of the decedent the trust became	141171
irrevocable while the decedent was domiciled in this state for the	141172
purposes of this chapter.	141173

(iii) The transfer is made on account of a contractual	141174
relationship existing directly or indirectly between the	141175
transferor and either the decedent or the estate of the decedent	141176
at any time prior to the date of the decedent's death, and the	141177
decedent was domiciled in this state at the time of death for	141178
purposes of the taxes levied under Chapter 5731. of the Revised	141179
Code.	141180

(iv) The transfer is made to a trust on account of a	141181
contractual relationship existing directly or indirectly between	141182
the transferor and another person who at the time of the	141183
decedent's death was domiciled in this state for purposes of this	141184
chapter.	141185

(v) The transfer is made to a trust on account of the will of	141186
a testator who was domiciled in this state at the time of the	141187
testator's death for purposes of the taxes levied under Chapter	141188
5731. of the Revised Code.	141189

(vi) The transfer is made to a trust created by or caused to	141190
be created by a court, and the trust was directly or indirectly	141191
created in connection with or as a result of the death of an	141192
individual who, for purposes of the taxes levied under Chapter	141193
5731. of the Revised Code, was domiciled in this state at the time	141194
of the individual's death.	141195

(g) The tax commissioner may adopt rules to ascertain the	141196
part of a trust residing in this state.	141197

(J) "Nonresident" means an individual or estate that is not a	141198
resident. An individual who is a resident for only part of a	141199
taxable year is a nonresident for the remainder of that taxable	141200
year.	141201

(K) "Pass-through entity" has the same meaning as in section	141202
5733.04 of the Revised Code.	141203

(L) "Return" means the notifications and reports required to	141204
be filed pursuant to this chapter for the purpose of reporting the	141205
tax due and includes declarations of estimated tax when so	141206
required.	141207

(M) "Taxable year" means the calendar year or the taxpayer's	141208
fiscal year ending during the calendar year, or fractional part	141209
thereof, upon which the adjusted gross income is calculated	141210
pursuant to this chapter.	141211

(N) "Taxpayer" means any person subject to the tax imposed by	141212
section 5747.02 of the Revised Code or any pass-through entity	141213
that makes the election under division (D) of section 5747.08 of	141214
the Revised Code.	141215

(O) "Dependents" means dependents as defined in the Internal	141216
Revenue Code and as claimed in the taxpayer's federal income tax	141217
return for the taxable year or which the taxpayer would have been	141218
permitted to claim had the taxpayer filed a federal income tax	141219
return.	141220

(P) "Principal county of employment" means, in the case of a	141221
nonresident, the county within the state in which a taxpayer	141222
performs services for an employer or, if those services are	141223
performed in more than one county, the county in which the major	141224
portion of the services are performed.	141225

(Q) As used in sections 5747.50 to 5747.55 of the Revised	141226
Code:	141227

(1) "Subdivision" means any county, municipal corporation,	141228
park district, or township.	141229

(2) "Essential local government purposes" includes all	141230
functions that any subdivision is required by general law to	141231
exercise, including like functions that are exercised under a	141232
charter adopted pursuant to the Ohio Constitution.	141233

(R) "Overpayment" means any amount already paid that exceeds	141234
the figure determined to be the correct amount of the tax.	141235

(S) "Taxable income" or "Ohio taxable income" applies only to	141236
estates and trusts, and means federal taxable income, as defined	141237
and used in the Internal Revenue Code, adjusted as follows:	141238

(1) Add interest or dividends, net of ordinary, necessary,	141239
and reasonable expenses not deducted in computing federal taxable	141240
income, on obligations or securities of any state or of any	141241
political subdivision or authority of any state, other than this	141242
state and its subdivisions and authorities, but only to the extent	141243
that such net amount is not otherwise includible in Ohio taxable	141244
income and is described in either division (S)(1)(a) or (b) of	141245
this section:	141246

(a) The net amount is not attributable to the S portion of an	141247
electing small business trust and has not been distributed to	141248
beneficiaries for the taxable year;	141249

(b) The net amount is attributable to the S portion of an	141250
electing small business trust for the taxable year.	141251

(2) Add interest or dividends, net of ordinary, necessary,	141252
and reasonable expenses not deducted in computing federal taxable	141253
income, on obligations of any authority, commission,	141254
instrumentality, territory, or possession of the United States to	141255
the extent that the interest or dividends are exempt from federal	141256
income taxes but not from state income taxes, but only to the	141257
extent that such net amount is not otherwise includible in Ohio	141258
taxable income and is described in either division (S)(1)(a) or	141259
(b) of this section;	141260

(3) Add the amount of personal exemption allowed to the	141261
estate pursuant to section 642(b) of the Internal Revenue Code;	141262

(4) Deduct interest or dividends, net of related expenses	141263
deducted in computing federal taxable income, on obligations of	141264
the United States and its territories and possessions or of any	141265
authority, commission, or instrumentality of the United States to	141266
the extent that the interest or dividends are exempt from state	141267
taxes under the laws of the United States, but only to the extent	141268
that such amount is included in federal taxable income and is	141269
described in either division (S)(1)(a) or (b) of this section;	141270

(5) Deduct the amount of wages and salaries, if any, not	141271
otherwise allowable as a deduction but that would have been	141272
allowable as a deduction in computing federal taxable income for	141273
the taxable year, had the targeted jobs credit allowed under	141274
sections 38, 51, and 52 of the Internal Revenue Code not been in	141275
effect, but only to the extent such amount relates either to	141276
income included in federal taxable income for the taxable year or	141277
to income of the S portion of an electing small business trust for	141278
the taxable year;	141279

(6) Deduct any interest or interest equivalent, net of	141280
related expenses deducted in computing federal taxable income, on	141281
public obligations and purchase obligations, but only to the	141282
extent that such net amount relates either to income included in	141283
federal taxable income for the taxable year or to income of the S	141284
portion of an electing small business trust for the taxable year;	141285

(7) Add any loss or deduct any gain resulting from sale,	141286
exchange, or other disposition of public obligations to the extent	141287
that such loss has been deducted or such gain has been included in	141288
computing either federal taxable income or income of the S portion	141289
of an electing small business trust for the taxable year;	141290

(8) Except in the case of the final return of an estate, add	141291
any amount deducted by the taxpayer on both its Ohio estate tax	141292
return pursuant to section 5731.14 of the Revised Code, and on its	141293
federal income tax return in determining federal taxable income;	141294

(9)(a) Deduct any amount included in federal taxable income	141295
solely because the amount represents a reimbursement or refund of	141296
expenses that in a previous year the decedent had deducted as an	141297
itemized deduction pursuant to section 63 of the Internal Revenue	141298
Code and applicable treasury regulations. The deduction otherwise	141299
allowed under division (S)(9)(a) of this section shall be reduced	141300
to the extent the reimbursement is attributable to an amount the	141301
taxpayer or decedent deducted under this section in any taxable	141302
year.	141303

(b) Add any amount not otherwise included in Ohio taxable	141304
income for any taxable year to the extent that the amount is	141305
attributable to the recovery during the taxable year of any amount	141306
deducted or excluded in computing federal or Ohio taxable income	141307
in any taxable year, but only to the extent such amount has not	141308
been distributed to beneficiaries for the taxable year.	141309

(10) Deduct any portion of the deduction described in section	141310
1341(a)(2) of the Internal Revenue Code, for repaying previously	141311
reported income received under a claim of right, that meets both	141312
of the following requirements:	141313

(a) It is allowable for repayment of an item that was	141314
included in the taxpayer's taxable income or the decedent's	141315
adjusted gross income for a prior taxable year and did not qualify	141316
for a credit under division (A) or (B) of section 5747.05 of the	141317
Revised Code for that year.	141318

(b) It does not otherwise reduce the taxpayer's taxable	141319
income or the decedent's adjusted gross income for the current or	141320
any other taxable year.	141321

(11) Add any amount claimed as a credit under section	141322
5747.059 or 5747.65 of the Revised Code to the extent that the	141323
amount satisfies either of the following:	141324

(a) The amount was deducted or excluded from the computation	141325
of the taxpayer's federal taxable income as required to be	141326
reported for the taxpayer's taxable year under the Internal	141327
Revenue Code;	141328

(b) The amount resulted in a reduction in the taxpayer's	141329
federal taxable income as required to be reported for any of the	141330
taxpayer's taxable years under the Internal Revenue Code.	141331

(12) Deduct any amount, net of related expenses deducted in	141332
computing federal taxable income, that a trust is required to	141333
report as farm income on its federal income tax return, but only	141334
if the assets of the trust include at least ten acres of land	141335
satisfying the definition of "land devoted exclusively to	141336
agricultural use" under section 5713.30 of the Revised Code,	141337
regardless of whether the land is valued for tax purposes as such	141338
land under sections 5713.30 to 5713.38 of the Revised Code. If the	141339
trust is a pass-through entity investor, section 5747.231 of the	141340
Revised Code applies in ascertaining if the trust is eligible to	141341
claim the deduction provided by division (S)(12) of this section	141342
in connection with the pass-through entity's farm income.	141343

Except for farm income attributable to the S portion of an	141344
electing small business trust, the deduction provided by division	141345
(S)(12) of this section is allowed only to the extent that the	141346
trust has not distributed such farm income. Division (S)(12) of	141347
this section applies only to taxable years of a trust beginning in	141348
2002 or thereafter.	141349

(13) Add the net amount of income described in section 641(c)	141350
of the Internal Revenue Code to the extent that amount is not	141351
included in federal taxable income.	141352

(14) Add or deduct the amount the taxpayer would be required	141353
to add or deduct under division (A)(20) or (21) of this section if	141354
the taxpayer's Ohio taxable income were computed in the same	141355
manner as an individual's Ohio adjusted gross income is computed	141356
under this section. In the case of a trust, division (S)(14) of	141357
this section applies only to any of the trust's taxable years	141358
beginning in 2002 or thereafter.	141359

(T) "School district income" and "school district income tax"	141360
have the same meanings as in section 5748.01 of the Revised Code.	141361

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	141362
of this section, "public obligations," "purchase obligations," and	141363
"interest or interest equivalent" have the same meanings as in	141364
section 5709.76 of the Revised Code.	141365

(V) "Limited liability company" means any limited liability	141366
company formed under Chapter 1705. of the Revised Code or under	141367
the laws of any other state.	141368

(W) "Pass-through entity investor" means any person who,	141369
during any portion of a taxable year of a pass-through entity, is	141370
a partner, member, shareholder, or equity investor in that	141371
pass-through entity.	141372

(X) "Banking day" has the same meaning as in section 1304.01	141373
of the Revised Code.	141374

(Y) "Month" means a calendar month.

141375

(Z) "Quarter" means the first three months, the second three	141376
months, the third three months, or the last three months of the	141377
taxpayer's taxable year.	141378

(AA)(1) "Eligible institution" means a state university or	141379
state institution of higher education as defined in section	141380
3345.011 of the Revised Code, or a private, nonprofit college,	141381
university, or other post-secondary institution located in this	141382
state that possesses a certificate of authorization issued by the	141383
Ohio board of regents pursuant to Chapter 1713. of the Revised	141384
Code or a certificate of registration issued by the state board of	141385
career colleges and schools under Chapter 3332. of the Revised	141386
Code.	141387

(2) "Qualified tuition and fees" means tuition and fees	141388
imposed by an eligible institution as a condition of enrollment or	141389
attendance, not exceeding two thousand five hundred dollars in	141390
each of the individual's first two years of post-secondary	141391
education. If the individual is a part-time student, "qualified	141392
tuition and fees" includes tuition and fees paid for the academic	141393
equivalent of the first two years of post-secondary education	141394
during a maximum of five taxable years, not exceeding a total of	141395
five thousand dollars. "Qualified tuition and fees" does not	141396
include:	141397

(a) Expenses for any course or activity involving sports,	141398
games, or hobbies unless the course or activity is part of the	141399
individual's degree or diploma program;	141400

(b) The cost of books, room and board, student activity fees,	141401
athletic fees, insurance expenses, or other expenses unrelated to	141402
the individual's academic course of instruction;	141403

(c) Tuition, fees, or other expenses paid or reimbursed	141404
through an employer, scholarship, grant in aid, or other	141405
educational benefit program.	141406

(BB)(1) "Modified business income" means the business income	141407
included in a trust's Ohio taxable income after such taxable	141408
income is first reduced by the qualifying trust amount, if any.	141409

(2) "Qualifying trust amount" of a trust means capital gains	141410
and losses from the sale, exchange, or other disposition of equity	141411
or ownership interests in, or debt obligations of, a qualifying	141412
investee to the extent included in the trust's Ohio taxable	141413
income, but only if the following requirements are satisfied:	141414

(a) The book value of the qualifying investee's physical	141415
assets in this state and everywhere, as of the last day of the	141416
qualifying investee's fiscal or calendar year ending immediately	141417
prior to the date on which the trust recognizes the gain or loss,	141418
is available to the trust.	141419

(b) The requirements of section 5747.011 of the Revised Code	141420
are satisfied for the trust's taxable year in which the trust	141421
recognizes the gain or loss.	141422

Any gain or loss that is not a qualifying trust amount is	141423
modified business income, qualifying investment income, or	141424
modified nonbusiness income, as the case may be.	141425

(3) "Modified nonbusiness income" means a trust's Ohio	141426
taxable income other than modified business income, other than the	141427
qualifying trust amount, and other than qualifying investment	141428
income, as defined in section 5747.012 of the Revised Code, to the	141429
extent such qualifying investment income is not otherwise part of	141430
modified business income.	141431

(4) "Modified Ohio taxable income" applies only to trusts,	141432
and means the sum of the amounts described in divisions (BB)(4)(a)	141433
to (c) of this section:	141434

(a) The fraction, calculated under section 5747.013, and	141435
applying section 5747.231 of the Revised Code, multiplied by the	141436
sum of the following amounts:	141437

(i) The trust's modified business income;

141438

(ii) The trust's qualifying investment income, as defined in	141439
section 5747.012 of the Revised Code, but only to the extent the	141440
qualifying investment income does not otherwise constitute	141441
modified business income and does not otherwise constitute a	141442
qualifying trust amount.	141443

(b) The qualifying trust amount multiplied by a fraction, the	141444
numerator of which is the sum of the book value of the qualifying	141445
investee's physical assets in this state on the last day of the	141446
qualifying investee's fiscal or calendar year ending immediately	141447
prior to the day on which the trust recognizes the qualifying	141448
trust amount, and the denominator of which is the sum of the book	141449
value of the qualifying investee's total physical assets	141450
everywhere on the last day of the qualifying investee's fiscal or	141451
calendar year ending immediately prior to the day on which the	141452
trust recognizes the qualifying trust amount. If, for a taxable	141453
year, the trust recognizes a qualifying trust amount with respect	141454
to more than one qualifying investee, the amount described in	141455
division (BB)(4)(b) of this section shall equal the sum of the	141456
products so computed for each such qualifying investee.	141457

(c)(i) With respect to a trust or portion of a trust that is	141458
a resident as ascertained in accordance with division (I)(3)(d) of	141459
this section, its modified nonbusiness income.	141460

(ii) With respect to a trust or portion of a trust that is	141461
not a resident as ascertained in accordance with division	141462
(I)(3)(d) of this section, the amount of its modified nonbusiness	141463
income satisfying the descriptions in divisions (B)(2) to (5) of	141464
section 5747.20 of the Revised Code, except as otherwise provided	141465
in division (BB)(4)(c)(ii) of this section. With respect to a	141466
trust or portion of a trust that is not a resident as ascertained	141467
in accordance with division (I)(3)(d) of this section, the trust's	141468
portion of modified nonbusiness income recognized from the sale,	141469
exchange, or other disposition of a debt interest in or equity	141470
interest in a section 5747.212 entity, as defined in section	141471
5747.212 of the Revised Code, without regard to division (A) of	141472
that section, shall not be allocated to this state in accordance	141473
with section 5747.20 of the Revised Code but shall be apportioned	141474
to this state in accordance with division (B) of section 5747.212	141475
of the Revised Code without regard to division (A) of that	141476
section.	141477

If the allocation and apportionment of a trust's income under	141478
divisions (BB)(4)(a) and (c) of this section do not fairly	141479
represent the modified Ohio taxable income of the trust in this	141480
state, the alternative methods described in division (C) of	141481
section 5747.21 of the Revised Code may be applied in the manner	141482
and to the same extent provided in that section.	141483

(5)(a) Except as set forth in division (BB)(5)(b) of this	141484
section, "qualifying investee" means a person in which a trust has	141485
an equity or ownership interest, or a person or unit of government	141486
the debt obligations of either of which are owned by a trust. For	141487
the purposes of division (BB)(2)(a) of this section and for the	141488
purpose of computing the fraction described in division (BB)(4)(b)	141489
of this section, all of the following apply:	141490

(i) If the qualifying investee is a member of a qualifying	141491
controlled group on the last day of the qualifying investee's	141492
fiscal or calendar year ending immediately prior to the date on	141493
which the trust recognizes the gain or loss, then "qualifying	141494
investee" includes all persons in the qualifying controlled group	141495
on such last day.	141496

(ii) If the qualifying investee, or if the qualifying	141497
investee and any members of the qualifying controlled group of	141498
which the qualifying investee is a member on the last day of the	141499
qualifying investee's fiscal or calendar year ending immediately	141500
prior to the date on which the trust recognizes the gain or loss,	141501
separately or cumulatively own, directly or indirectly, on the	141502
last day of the qualifying investee's fiscal or calendar year	141503
ending immediately prior to the date on which the trust recognizes	141504
the qualifying trust amount, more than fifty per cent of the	141505
equity of a pass-through entity, then the qualifying investee and	141506
the other members are deemed to own the proportionate share of the	141507
pass-through entity's physical assets which the pass-through	141508
entity directly or indirectly owns on the last day of the	141509
pass-through entity's calendar or fiscal year ending within or	141510
with the last day of the qualifying investee's fiscal or calendar	141511
year ending immediately prior to the date on which the trust	141512
recognizes the qualifying trust amount.	141513

(iii) For the purposes of division (BB)(5)(a)(iii) of this	141514
section, "upper level pass-through entity" means a pass-through	141515
entity directly or indirectly owning any equity of another	141516
pass-through entity, and "lower level pass-through entity" means	141517
that other pass-through entity.	141518

An upper level pass-through entity, whether or not it is also	141519
a qualifying investee, is deemed to own, on the last day of the	141520
upper level pass-through entity's calendar or fiscal year, the	141521
proportionate share of the lower level pass-through entity's	141522
physical assets that the lower level pass-through entity directly	141523
or indirectly owns on the last day of the lower level pass-through	141524
entity's calendar or fiscal year ending within or with the last	141525
day of the upper level pass-through entity's fiscal or calendar	141526
year. If the upper level pass-through entity directly and	141527
indirectly owns less than fifty per cent of the equity of the	141528
lower level pass-through entity on each day of the upper level	141529
pass-through entity's calendar or fiscal year in which or with	141530
which ends the calendar or fiscal year of the lower level	141531
pass-through entity and if, based upon clear and convincing	141532
evidence, complete information about the location and cost of the	141533
physical assets of the lower pass-through entity is not available	141534
to the upper level pass-through entity, then solely for purposes	141535
of ascertaining if a gain or loss constitutes a qualifying trust	141536
amount, the upper level pass-through entity shall be deemed as	141537
owning no equity of the lower level pass-through entity for each	141538
day during the upper level pass-through entity's calendar or	141539
fiscal year in which or with which ends the lower level	141540
pass-through entity's calendar or fiscal year. Nothing in division	141541
(BB)(5)(a)(iii) of this section shall be construed to provide for	141542
any deduction or exclusion in computing any trust's Ohio taxable	141543
income.	141544

(b) With respect to a trust that is not a resident for the	141545
taxable year and with respect to a part of a trust that is not a	141546
resident for the taxable year, "qualifying investee" for that	141547
taxable year does not include a C corporation if both of the	141548
following apply:	141549

(i) During the taxable year the trust or part of the trust	141550
recognizes a gain or loss from the sale, exchange, or other	141551
disposition of equity or ownership interests in, or debt	141552
obligations of, the C corporation.	141553

(ii) Such gain or loss constitutes nonbusiness income.

141554

(6) "Available" means information is such that a person is	141555
able to learn of the information by the due date plus extensions,	141556
if any, for filing the return for the taxable year in which the	141557
trust recognizes the gain or loss.	141558

(CC) "Qualifying controlled group" has the same meaning as in	141559
section 5733.04 of the Revised Code.	141560

(DD) "Related member" has the same meaning as in section	141561
5733.042 of the Revised Code.	141562

(EE)(1) For the purposes of division (EE) of this section:

141563

(a) "Qualifying person" means any person other than a	141564
qualifying corporation.	141565

(b) "Qualifying corporation" means any person classified for	141566
federal income tax purposes as an association taxable as a	141567
corporation, except either of the following:	141568

(i) A corporation that has made an election under subchapter	141569
S, chapter one, subtitle A, of the Internal Revenue Code for its	141570
taxable year ending within, or on the last day of, the investor's	141571
taxable year;	141572

(ii) A subsidiary that is wholly owned by any corporation	141573
that has made an election under subchapter S, chapter one,	141574
subtitle A of the Internal Revenue Code for its taxable year	141575
ending within, or on the last day of, the investor's taxable year.	141576

(2) For the purposes of this chapter, unless expressly stated	141577
otherwise, no qualifying person indirectly owns any asset directly	141578
or indirectly owned by any qualifying corporation.	141579

(FF) For purposes of this chapter and Chapter 5751. of the	141580
Revised Code:	141581

(1) "Trust" does not include a qualified pre-income tax	141582
trust.	141583

(2) A "qualified pre-income tax trust" is any pre-income tax	141584
trust that makes a qualifying pre-income tax trust election as	141585
described in division (FF)(3) of this section.	141586

(3) A "qualifying pre-income tax trust election" is an	141587
election by a pre-income tax trust to subject to the tax imposed	141588
by section 5751.02 of the Revised Code the pre-income tax trust	141589
and all pass-through entities of which the trust owns or controls,	141590
directly, indirectly, or constructively through related interests,	141591
five per cent or more of the ownership or equity interests. The	141592
trustee shall notify the tax commissioner in writing of the	141593
election on or before April 15, 2006. The election, if timely	141594
made, shall be effective on and after January 1, 2006, and shall	141595
apply for all tax periods and tax years until revoked by the	141596
trustee of the trust.	141597

(4) A "pre-income tax trust" is a trust that satisfies all of	141598
the following requirements:	141599

(a) The document or instrument creating the trust was	141600
executed by the grantor before January 1, 1972;	141601

(b) The trust became irrevocable upon the creation of the	141602
trust; and	141603

(c) The grantor was domiciled in this state at the time the	141604
trust was created.	141605

(GG) "Uniformed services" has the same meaning as in 10	141606
U.S.C. 101.	141607

Sec. 5747.02. (A) For the purpose of providing revenue for	141608
the support of schools and local government functions, to provide	141609
relief to property taxpayers, to provide revenue for the general	141610
revenue fund, and to meet the expenses of administering the tax	141611
levied by this chapter, there is hereby levied on every	141612
individual, trust, and estate residing in or earning or receiving	141613
income in this state, on every individual, trust, and estate	141614
earning or receiving lottery winnings, prizes, or awards pursuant	141615
to Chapter 3770. of the Revised Code, on every individual, trust,	141616
and estate earning or receiving winnings on casino gaming, and on	141617
every individual, trust, and estate otherwise having nexus with or	141618
in this state under the Constitution of the United States, an	141619
annual tax measured in the case of individuals by Ohio adjusted	141620
gross income less an exemption for the taxpayer, the taxpayer's	141621
spouse, and each dependent as provided in section 5747.025 of the	141622
Revised Code; measured in the case of trusts by modified Ohio	141623
taxable income under division (D) of this section; and measured in	141624
the case of estates by Ohio taxable income. The tax imposed by	141625
this section on the balance thus obtained is hereby levied as	141626
follows:	141627

(1) For taxable years beginning in 2004:

141628

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141629
OR		141630
MODIFIED OHIO		141631
TAXABLE INCOME (TRUSTS)		141632
OR		141633
OHIO TAXABLE INCOME (ESTATES)	TAX	141634

$5,000 or less	.743%	141635
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	141636
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	141637
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	141638
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	141639
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	141640
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	141641
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	141642
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	141643

(2) For taxable years beginning in 2005:

141644

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141645
OR		141646
MODIFIED OHIO		141647
TAXABLE INCOME (TRUSTS)		141648
OR		141649
OHIO TAXABLE INCOME (ESTATES)	TAX	141650

$5,000 or less	.712%	141651
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	141652
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	141653
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	141654
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	141655
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	141656
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	141657
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	141658
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	141659

(3) For taxable years beginning in 2006:

141660

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141661
OR		141662
MODIFIED OHIO		141663
TAXABLE INCOME (TRUSTS)		141664
OR		141665
OHIO TAXABLE INCOME (ESTATES)	TAX	141666

$5,000 or less	.681%	141667
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	141668
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	141669
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	141670
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	141671
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	141672
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	141673
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	141674
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	141675

(4) For taxable years beginning in 2007:

141676

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141677
OR		141678
MODIFIED OHIO		141679
TAXABLE INCOME (TRUSTS)		141680
OR		141681
OHIO TAXABLE INCOME (ESTATES)	TAX	141682

$5,000 or less	.649%	141683
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	141684
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	141685
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	141686
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	141687
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	141688
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	141689
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	141690
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	141691

(5) For taxable years beginning in 2008, 2009, or 2010:

141692

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141693
OR		141694
MODIFIED OHIO		141695
TAXABLE INCOME (TRUSTS)		141696
OR		141697
OHIO TAXABLE INCOME (ESTATES)	TAX	141698

$5,000 or less	.618%	141699
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	141700
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	141701
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	141702
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	141703
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	141704
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	141705
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	141706
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	141707

(6) For taxable years beginning in 2011 or thereafter:

141708

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141709
OR		141710
MODIFIED OHIO		141711
TAXABLE INCOME (TRUSTS)		141712
OR		141713
OHIO TAXABLE INCOME (ESTATES)	TAX	141714

$5,000 or less	.587%	141715
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	141716
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	141717
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	141718
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	141719
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	141720
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	141721
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	141722
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	141723

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	141724
commissioner shall adjust the income amounts prescribed in this	141725
division by multiplying the percentage increase in the gross	141726
domestic product deflator computed that year under section	141727
5747.025 of the Revised Code by each of the income amounts	141728
resulting from the adjustment under this division in the preceding	141729
year, adding the resulting product to the corresponding income	141730
amount resulting from the adjustment in the preceding year, and	141731
rounding the resulting sum to the nearest multiple of fifty	141732
dollars. The tax commissioner also shall recompute each of the tax	141733
dollar amounts to the extent necessary to reflect the adjustment	141734
of the income amounts. The rates of taxation shall not be	141735
adjusted.	141736

The adjusted amounts apply to taxable years beginning in the	141737
calendar year in which the adjustments are made. The tax	141738
commissioner shall not make such adjustments in any year in which	141739
the amount resulting from the adjustment would be less than the	141740
amount resulting from the adjustment in the preceding year.	141741

(B) If the director of budget and management makes a	141742
certification to the tax commissioner under division (B) of	141743
section 131.44 of the Revised Code, the amount of tax as	141744
determined under division (A) of this section shall be reduced by	141745
the percentage prescribed in that certification for taxable years	141746
beginning in the calendar year in which that certification is	141747
made.	141748

(C) The levy of this tax on income does not prevent a	141749
municipal corporation, a joint economic development zone created	141750
under section 715.691, or a joint economic development district	141751
created under section 715.70 or 715.71 or sections 715.72 to	141752
715.81 of the Revised Code from levying a tax on income.	141753

(D) This division applies only to taxable years of a trust	141754
beginning in 2002 or thereafter.	141755

(1) The tax imposed by this section on a trust shall be	141756
computed by multiplying the Ohio modified taxable income of the	141757
trust by the rates prescribed by division (A) of this section.	141758

(2) A resident trust may claim a credit against the tax	141759
computed under division (D) of this section equal to the lesser of	141760
(1) the tax paid to another state or the District of Columbia on	141761
the resident trust's modified nonbusiness income, other than the	141762
portion of the resident trust's nonbusiness income that is	141763
qualifying investment income as defined in section 5747.012 of the	141764
Revised Code, or (2) the effective tax rate, based on modified	141765
Ohio taxable income, multiplied by the resident trust's modified	141766
nonbusiness income other than the portion of the resident trust's	141767
nonbusiness income that is qualifying investment income. The	141768
credit applies before any other applicable credits.	141769

(3) The credits enumerated in divisions (A)(1) to (13) of	141770
section 5747.98 of the Revised Code do not apply to a trust	141771
subject to division (D) of this section. Any credits enumerated in	141772
other divisions of section 5747.98 of the Revised Code apply to a	141773
trust subject to division (D) of this section. To the extent that	141774
the trust distributes income for the taxable year for which a	141775
credit is available to the trust, the credit shall be shared by	141776
the trust and its beneficiaries. The tax commissioner and the	141777
trust shall be guided by applicable regulations of the United	141778
States treasury regarding the sharing of credits.	141779

(E) For the purposes of this section, "trust" means any trust	141780
described in Subchapter J of Chapter 1 of the Internal Revenue	141781
Code, excluding trusts that are not irrevocable as defined in	141782
division (I)(3)(b) of section 5747.01 of the Revised Code and that	141783
have no modified Ohio taxable income for the taxable year,	141784
charitable remainder trusts, qualified funeral trusts and preneed	141785
funeral contract trusts established pursuant to sections 4717.31	141786
to 4717.38 of the Revised Code that are not qualified funeral	141787
trusts, endowment and perpetual care trusts, qualified settlement	141788
trusts and funds, designated settlement trusts and funds, and	141789
trusts exempted from taxation under section 501(a) of the Internal	141790
Revenue Code.	141791

Sec. 5747.022. An individual subject to the tax imposed by	141792
section 5747.02 of the Revised Code may claim a credit equal to	141793
twenty dollars times the number of exemptions allowed for the	141794
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	141795
section 5747.02 of the Revised Code. The credit shall be claimed	141796
in the order required under section 5747.98 of the Revised Code.	141797
The credit shall not be considered in determining the taxes	141798
required to be withheld under section 5747.06 of the Revised Code	141799
or the estimated taxes required to be paid under section 5747.09	141800
of the Revised Code. In the case of an individual with respect to	141801
whom an exemption under section 5747.02 of the Revised Code is	141802
allowable to another taxpayer for a taxable year beginning in the	141803
calendar year in which the individual's taxable year begins, the	141804
"number of exemptions allowed" for purposes of calculating the	141805
credit allowed under this section to such individual for the	141806
individual's taxable year shall not include an exemption for the	141807
individual.	141808

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	141809
division, the personal exemption for the taxpayer and the	141810
taxpayer's spouse shall be seven hundred fifty dollars each for	141811
the taxable year beginning in 1996, eight hundred fifty dollars	141812
each for the taxable year beginning in 1997, nine hundred fifty	141813
dollars each for the taxable year beginning in 1998, and one	141814
thousand fifty dollars each for the taxable year beginning in 1999	141815
and taxable years beginning after 1999. The personal exemption	141816
amount prescribed in this division for taxable years beginning	141817
after 1999 shall be adjusted each year in the manner prescribed in	141818
division (C) of this section. In the case of an individual with	141819
respect to whom an exemption under section 5747.02 of the Revised	141820
Code is allowable to another taxpayer for a taxable year beginning	141821
in the calendar year in which the individual's taxable year	141822
begins, the exemption amount applicable to such individual for	141823
such individual's taxable year shall be zero.	141824

(B) The personal exemption for each dependent shall be eight	141825
hundred fifty dollars for the taxable year beginning in 1996, and	141826
one thousand fifty dollars for the taxable year beginning in 1997	141827
and taxable years beginning after 1997. The personal exemption	141828
amount prescribed in this division for taxable years beginning	141829
after 1999 shall be adjusted each year in the manner prescribed in	141830
division (C) of this section.	141831

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	141832
tax commissioner shall determine the percentage increase in the	141833
gross domestic product deflator determined by the bureau of	141834
economic analysis of the United States department of commerce from	141835
the first day of January of the preceding calendar year to the	141836
last day of December of the preceding year, and adjust the	141837
personal exemption amount for taxable years beginning in the	141838
current calendar year by multiplying that amount by the percentage	141839
increase in the gross domestic product deflator for that period;	141840
adding the resulting product to the personal exemption amount for	141841
taxable years beginning in the preceding calendar year; and	141842
rounding the resulting sum upward to the nearest multiple of fifty	141843
dollars. The commissioner shall not make such an adjustment in any	141844
calendar year in which the amount resulting from the adjustment	141845
would be less than the amount resulting from the adjustment in the	141846
preceding calendar year.	141847

Sec. 5747.08. An annual return with respect to the tax	141848
imposed by section 5747.02 of the Revised Code and each tax	141849
imposed under Chapter 5748. of the Revised Code shall be made by	141850
every taxpayer for any taxable year for which the taxpayer is	141851
liable for the tax imposed by that section or under that chapter,	141852
unless the total credits allowed under divisions (E), (F), and (G)	141853
of section 5747.05 of the Revised Code for the year are equal to	141854
or exceed the tax imposed by section 5747.02 of the Revised Code,	141855
in which case no return shall be required unless the taxpayer is	141856
liable for a tax imposed pursuant to Chapter 5748. of the Revised	141857
Code.	141858

(A) If an individual is deceased, any return or notice	141859
required of that individual under this chapter shall be made and	141860
filed by that decedent's executor, administrator, or other person	141861
charged with the property of that decedent.	141862

(B) If an individual is unable to make a return or notice	141863
required by this chapter, the return or notice required of that	141864
individual shall be made and filed by the individual's duly	141865
authorized agent, guardian, conservator, fiduciary, or other	141866
person charged with the care of the person or property of that	141867
individual.	141868

(C) Returns or notices required of an estate or a trust shall	141869
be made and filed by the fiduciary of the estate or trust.	141870

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	141871
of this section, any pass-through entity may file a single return	141872
on behalf of one or more of the entity's investors other than an	141873
investor that is a person subject to the tax imposed under section	141874
5733.06 of the Revised Code. The single return shall set forth the	141875
name, address, and social security number or other identifying	141876
number of each of those pass-through entity investors and shall	141877
indicate the distributive share of each of those pass-through	141878
entity investor's income taxable in this state in accordance with	141879
sections 5747.20 to 5747.231 of the Revised Code. Such	141880
pass-through entity investors for whom the pass-through entity	141881
elects to file a single return are not entitled to the exemption	141882
or credit provided for by sections 5747.02 and 5747.022 of the	141883
Revised Code; shall calculate the tax before business credits at	141884
the highest rate of tax set forth in section 5747.02 of the	141885
Revised Code for the taxable year for which the return is filed;	141886
and are entitled to only their distributive share of the business	141887
credits as defined in division (D)(2) of this section. A single	141888
check drawn by the pass-through entity shall accompany the return	141889
in full payment of the tax due, as shown on the single return, for	141890
such investors, other than investors who are persons subject to	141891
the tax imposed under section 5733.06 of the Revised Code.	141892

(b)(i) A pass-through entity shall not include in such a	141893
single return any investor that is a trust to the extent that any	141894
direct or indirect current, future, or contingent beneficiary of	141895
the trust is a person subject to the tax imposed under section	141896
5733.06 of the Revised Code.	141897

(ii) A pass-through entity shall not include in such a single	141898
return any investor that is itself a pass-through entity to the	141899
extent that any direct or indirect investor in the second	141900
pass-through entity is a person subject to the tax imposed under	141901
section 5733.06 of the Revised Code.	141902

(c) Nothing in division (D) of this section precludes the tax	141903
commissioner from requiring such investors to file the return and	141904
make the payment of taxes and related interest, penalty, and	141905
interest penalty required by this section or section 5747.02,	141906
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	141907
of this section precludes such an investor from filing the annual	141908
return under this section, utilizing the refundable credit equal	141909
to the investor's proportionate share of the tax paid by the	141910
pass-through entity on behalf of the investor under division (J)	141911
of this section, and making the payment of taxes imposed under	141912
section 5747.02 of the Revised Code. Nothing in division (D) of	141913
this section shall be construed to provide to such an investor or	141914
pass-through entity any additional deduction or credit, other than	141915
the credit provided by division (J) of this section, solely on	141916
account of the entity's filing a return in accordance with this	141917
section. Such a pass-through entity also shall make the filing and	141918
payment of estimated taxes on behalf of the pass-through entity	141919
investors other than an investor that is a person subject to the	141920
tax imposed under section 5733.06 of the Revised Code.	141921

(2) For the purposes of this section, "business credits"	141922
means the credits listed in section 5747.98 of the Revised Code	141923
excluding the following credits:	141924

(a) The retirement credit under division (B) of section	141925
5747.055 of the Revised Code;	141926

(b) The senior citizen credit under division (C) of section	141927
5747.05 of the Revised Code;	141928

(c) The lump sum distribution credit under division (D) of	141929
section 5747.05 of the Revised Code;	141930

(d) The dependent care credit under section 5747.054 of the	141931
Revised Code;	141932

(e) The lump sum retirement income credit under division (C)	141933
of section 5747.055 of the Revised Code;	141934

(f) The lump sum retirement income credit under division (D)	141935
of section 5747.055 of the Revised Code;	141936

(g) The lump sum retirement income credit under division (E)	141937
of section 5747.055 of the Revised Code;	141938

(h) The credit for displaced workers who pay for job training	141939
under section 5747.27 of the Revised Code;	141940

(i) The twenty-dollar personal exemption credit under section	141941
5747.022 of the Revised Code;	141942

(j) The joint filing credit under division (G) of section	141943
5747.05 of the Revised Code;	141944

(k) The nonresident credit under division (A) of section	141945
5747.05 of the Revised Code;	141946

(l) The credit for a resident's out-of-state income under	141947
division (B) of section 5747.05 of the Revised Code;	141948

(m) The low-income credit under section 5747.056 of the	141949
Revised Code.	141950

(3) The election provided for under division (D) of this	141951
section applies only to the taxable year for which the election is	141952
made by the pass-through entity. Unless the tax commissioner	141953
provides otherwise, this election, once made, is binding and	141954
irrevocable for the taxable year for which the election is made.	141955
Nothing in this division shall be construed to provide for any	141956
deduction or credit that would not be allowable if a nonresident	141957
pass-through entity investor were to file an annual return.	141958

(4) If a pass-through entity makes the election provided for	141959
under division (D) of this section, the pass-through entity shall	141960
be liable for any additional taxes, interest, interest penalty, or	141961
penalties imposed by this chapter if the tax commissioner finds	141962
that the single return does not reflect the correct tax due by the	141963
pass-through entity investors covered by that return. Nothing in	141964
this division shall be construed to limit or alter the liability,	141965
if any, imposed on pass-through entity investors for unpaid or	141966
underpaid taxes, interest, interest penalty, or penalties as a	141967
result of the pass-through entity's making the election provided	141968
for under division (D) of this section. For the purposes of	141969
division (D) of this section, "correct tax due" means the tax that	141970
would have been paid by the pass-through entity had the single	141971
return been filed in a manner reflecting the commissioner's	141972
findings. Nothing in division (D) of this section shall be	141973
construed to make or hold a pass-through entity liable for tax	141974
attributable to a pass-through entity investor's income from a	141975
source other than the pass-through entity electing to file the	141976
single return.	141977

(E) If a husband and wife file a joint federal income tax	141978
return for a taxable year, they shall file a joint return under	141979
this section for that taxable year, and their liabilities are	141980
joint and several, but, if the federal income tax liability of	141981
either spouse is determined on a separate federal income tax	141982
return, they shall file separate returns under this section.	141983

If either spouse is not required to file a federal income tax	141984
return and either or both are required to file a return pursuant	141985
to this chapter, they may elect to file separate or joint returns,	141986
and, pursuant to that election, their liabilities are separate or	141987
joint and several. If a husband and wife file separate returns	141988
pursuant to this chapter, each must claim the taxpayer's own	141989
exemption, but not both, as authorized under section 5747.02 of	141990
the Revised Code on the taxpayer's own return.	141991

(F) Each return or notice required to be filed under this	141992
section shall contain the signature of the taxpayer or the	141993
taxpayer's duly authorized agent and of the person who prepared	141994
the return for the taxpayer, and shall include the taxpayer's	141995
social security number. Each return shall be verified by a	141996
declaration under the penalties of perjury. The tax commissioner	141997
shall prescribe the form that the signature and declaration shall	141998
take.	141999

(G) Each return or notice required to be filed under this	142000
section shall be made and filed as required by section 5747.04 of	142001
the Revised Code, on or before the fifteenth day of April of each	142002
year, on forms that the tax commissioner shall prescribe, together	142003
with remittance made payable to the treasurer of state in the	142004
combined amount of the state and all school district income taxes	142005
shown to be due on the form~~, unless the combined amount shown to~~	142006
~~be due is one dollar or less, in which case that amount need not~~	142007
~~be remitted~~.	142008

Upon good cause shown, the commissioner may extend the period	142009
for filing any notice or return required to be filed under this	142010
section and may adopt rules relating to extensions. If the	142011
extension results in an extension of time for the payment of any	142012
state or school district income tax liability with respect to	142013
which the return is filed, the taxpayer shall pay at the time the	142014
tax liability is paid an amount of interest computed at the rate	142015
per annum prescribed by section 5703.47 of the Revised Code on	142016
that liability from the time that payment is due without extension	142017
to the time of actual payment. Except as provided in section	142018
5747.132 of the Revised Code, in addition to all other interest	142019
charges and penalties, all taxes imposed under this chapter or	142020
Chapter 5748. of the Revised Code and remaining unpaid after they	142021
become due, except combined amounts due of one dollar or less,	142022
bear interest at the rate per annum prescribed by section 5703.47	142023
of the Revised Code until paid or until the day an assessment is	142024
issued under section 5747.13 of the Revised Code, whichever occurs	142025
first.	142026

If the commissioner considers it necessary in order to ensure	142027
the payment of the tax imposed by section 5747.02 of the Revised	142028
Code or any tax imposed under Chapter 5748. of the Revised Code,	142029
the commissioner may require returns and payments to be made	142030
otherwise than as provided in this section.	142031

To the extent that any provision in this division conflicts	142032
with any provision in section 5747.026 of the Revised Code, the	142033
provision in that section prevails.	142034

(H) If any report, claim, statement, or other document	142035
required to be filed, or any payment required to be made, within a	142036
prescribed period or on or before a prescribed date under this	142037
chapter is delivered after that period or that date by United	142038
States mail to the agency, officer, or office with which the	142039
report, claim, statement, or other document is required to be	142040
filed, or to which the payment is required to be made, the date of	142041
the postmark stamped on the cover in which the report, claim,	142042
statement, or other document, or payment is mailed shall be deemed	142043
to be the date of delivery or the date of payment.	142044

If a payment is required to be made by electronic funds	142045
transfer pursuant to section 5747.072 of the Revised Code, the	142046
payment is considered to be made when the payment is received by	142047
the treasurer of state or credited to an account designated by the	142048
treasurer of state for the receipt of tax payments.	142049

"The date of the postmark" means, in the event there is more	142050
than one date on the cover, the earliest date imprinted on the	142051
cover by the United States postal service.	142052

(I) The amounts withheld by an employer pursuant to section	142053
5747.06 of the Revised Code, a casino operator pursuant to section	142054
5747.063 of the Revised Code, or a lottery sales agent pursuant to	142055
section 5747.064 of the Revised Code shall be allowed to the	142056
recipient of the compensation casino winnings, or lottery prize	142057
award as credits against payment of the appropriate taxes imposed	142058
on the recipient by section 5747.02 and under Chapter 5748. of the	142059
Revised Code.	142060

(J) If~~, in accordance with division (D) of this section,~~ a	142061
pass-through entity elects to file a single return under division	142062
(D) of this section and if any investor is required to file the	142063
annual return and make the payment of taxes required by this	142064
chapter on account of the investor's other income that is not	142065
included in a single return filed by a pass-through entity or any	142066
other investor elects to file the annual return, the investor is	142067
entitled to a refundable credit equal to the investor's	142068
proportionate share of the tax paid by the pass-through entity on	142069
behalf of the investor. The investor shall claim the credit for	142070
the investor's taxable year in which or with which ends the	142071
taxable year of the pass-through entity. Nothing in this chapter	142072
shall be construed to allow any credit provided in this chapter to	142073
be claimed more than once. For the ~~purposes~~purpose of computing	142074
any interest, penalty, or interest penalty, the investor shall be	142075
deemed to have paid the refundable credit provided by this	142076
division on the day that the pass-through entity paid the	142077
estimated tax or the tax giving rise to the credit.	142078

(K) The tax commissioner shall ensure that each return	142079
required to be filed under this section includes a box that the	142080
taxpayer may check to authorize a paid tax preparer who prepared	142081
the return to communicate with the department of taxation about	142082
matters pertaining to the return. The return or instructions	142083
accompanying the return shall indicate that by checking the box	142084
the taxpayer authorizes the department of taxation to contact the	142085
preparer concerning questions that arise during the processing of	142086
the return and authorizes the preparer only to provide the	142087
department with information that is missing from the return, to	142088
contact the department for information about the processing of the	142089
return or the status of the taxpayer's refund or payments, and to	142090
respond to notices about mathematical errors, offsets, or return	142091
preparation that the taxpayer has received from the department and	142092
has shown to the preparer.	142093

(L) The tax commissioner shall permit individual taxpayers to	142094
instruct the department of taxation to cause any refund of	142095
overpaid taxes to be deposited directly into a checking account,	142096
savings account, or an individual retirement account or individual	142097
retirement annuity, or preexisting college savings plan or program	142098
account offered by the Ohio tuition trust authority under Chapter	142099
3334. of the Revised Code, as designated by the taxpayer, when the	142100
taxpayer files the annual return required by this section	142101
electronically.	142102

(M) The tax commissioner may adopt rules to administer this	142103
section.	142104

Sec. 5747.10. If any of the facts, figures, computations, or	142105
attachments required in a taxpayer's annual return to determine	142106
the tax charged by this chapter or Chapter 5748. of the Revised	142107
Code must be altered as the result of an adjustment to the	142108
taxpayer's federal income tax return, whether initiated by the	142109
taxpayer or the internal revenue service, and such alteration	142110
affects the taxpayer's tax liability under this chapter or Chapter	142111
5748. of the Revised Code, the taxpayer shall file an amended	142112
return with the tax commissioner in such form as the commissioner	142113
requires. The amended return shall be filed not later than sixty	142114
days after the adjustment has been agreed to or finally determined	142115
for federal income tax purposes or any federal income tax	142116
deficiency or refund, or the abatement or credit resulting	142117
therefrom, has been assessed or paid, whichever occurs first.	142118

(A) In the case of an underpayment, the amended return shall	142119
be accompanied by payment of any combined additional tax due	142120
together with interest thereon. ~~If the combined tax shown to be~~	142121
~~due is one dollar or less, such amount need not accompany the~~	142122
~~amended return.~~ An amended return required by this section is a	142123
return subject to assessment under section 5747.13 of the Revised	142124
Code for the purpose of assessing any additional tax due under	142125
this section, together with any applicable penalty and interest.	142126
It shall not reopen those facts, figures, computations, or	142127
attachments from a previously filed return no longer subject to	142128
assessment that are not affected, either directly or indirectly,	142129
by the adjustment to the taxpayer's federal income tax return.	142130

(B) In the case of an overpayment, an application for refund	142131
may be filed under this division within the sixty-day period	142132
prescribed for filing the amended return even if it is filed	142133
beyond the period prescribed in section 5747.11 of the Revised	142134
Code if it otherwise conforms to the requirements of such section.	142135
An application filed under this division shall claim refund of	142136
overpayments resulting from alterations to only those facts,	142137
figures, computations, or attachments required in the taxpayer's	142138
annual return that are affected, either directly or indirectly, by	142139
the adjustment to the taxpayer's federal income tax return unless	142140
it is also filed within the time prescribed in section 5747.11 of	142141
the Revised Code. It shall not reopen those facts, figures,	142142
computations, or attachments that are not affected, either	142143
directly or indirectly, by the adjustment to the taxpayer's	142144
federal income tax return.	142145

Sec. 5747.11. (A) The tax commissioner shall refund to	142146
employers, qualifying entities, or taxpayers~~, with respect to any~~	142147
subject to a tax imposed under section 5733.41, 5747.02, or	142148
5747.41, or Chapter 5748. of the Revised Code:	142149

~~(1) Overpayments of more than one dollar;~~

142150

~~(2) Amounts in excess of one dollar paid illegally or~~	142151
~~erroneously;~~	142152

~~(3) Amounts in excess of one dollar paid on an illegal,~~	142153
~~erroneous, or excessive assessment~~the amount of any overpayment	142154
of such tax.	142155

(B) Except as otherwise provided under divisions (D) and (E)	142156
of this section, applications for refund shall be filed with the	142157
tax commissioner, on the form prescribed by the commissioner,	142158
within four years from the date of the illegal, erroneous, or	142159
excessive payment of the tax, or within any additional period	142160
allowed by division (B)(3)(b) of section 5747.05, division (B) of	142161
section 5747.10, division (A) of section 5747.13, or division (C)	142162
of section 5747.45 of the Revised Code.	142163

On filing of the refund application, the commissioner shall	142164
determine the amount of refund due and, if that amount exceeds one	142165
dollar, certify such amount to the director of budget and	142166
management and treasurer of state for payment from the tax refund	142167
fund created by section 5703.052 of the Revised Code. Payment	142168
shall be made as provided in division (C) of section 126.35 of the	142169
Revised Code.	142170

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	142171
~~erroneous assessment in excess of one dollar in respect of the tax~~	142172
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	142173
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	142174
~~Code from the date of the payment of the illegal or erroneous~~	142175
~~assessment until the date the refund of such amount is paid. If~~	142176
~~such refund results from the filing of a return or report, or the~~	142177
~~payment accompanying such return or report, by an employer or~~	142178
~~taxpayer, rather than from an assessment by the commissioner, such~~	142179
~~interest shall run from a period ninety days after the final~~	142180
~~filing date of the annual return until the date the refund is~~	142181
~~paid.~~	142182

~~(2)~~ Interest shall be allowed and paid at the rate per annum	142183
prescribed by section 5703.47 of the Revised Code ~~upon any~~	142184
~~overpayment in excess of one dollar in respect of~~on amounts	142185
refunded with respect to the tax imposed under section 5747.02 or	142186
Chapter 5748. of the Revised Code from the date of the overpayment	142187
until the date of the refund of the overpayment, except that if	142188
any overpayment is refunded within ninety days after the final	142189
filing date of the annual return or ninety days after the return	142190
is filed, whichever is later, no interest shall be allowed on such	142191
overpayment. If the overpayment results from the carryback of a	142192
net operating loss or net capital loss to a previous taxable year,	142193
the overpayment is deemed not to have been made prior to the	142194
filing date, including any extension thereof, for the taxable year	142195
in which the net operating loss or net capital loss arises. For	142196
purposes of the payment of interest on overpayments, no amount of	142197
tax, for any taxable year, shall be treated as having been paid	142198
before the date on which the tax return for that year was due	142199
without regard to any extension of time for filing such return.	142200

~~(3)~~(2) Interest shall be allowed at the rate per annum	142201
prescribed by section 5703.47 of the Revised Code on amounts	142202
refunded with respect to the taxes imposed under sections 5733.41	142203
and 5747.41 of the Revised Code. The interest shall run from	142204
whichever of the following days is the latest until the day the	142205
refund is paid: the day the illegal, erroneous, or excessive	142206
payment was made; the ninetieth day after the final day the annual	142207
report was required to be filed under section 5747.42 of the	142208
Revised Code; or the ninetieth day after the day that report was	142209
filed.	142210

(D) "Ninety days" shall be substituted for "four years" in	142211
division (B) of this section if the taxpayer satisfies both of the	142212
following conditions:	142213

(1) The taxpayer has applied for a refund based in whole or	142214
in part upon section 5747.059 of the Revised Code;	142215

(2) The taxpayer asserts that either the imposition or	142216
collection of the tax imposed or charged by this chapter or any	142217
portion of such tax violates the Constitution of the United States	142218
or the Constitution of Ohio.	142219

(E)(1) Division (E)(2) of this section applies only if all of	142220
the following conditions are satisfied:	142221

(a) A qualifying entity pays an amount of the tax imposed by	142222
section 5733.41 or 5747.41 of the Revised Code;	142223

(b) The taxpayer is a qualifying investor as to that	142224
qualifying entity;	142225

(c) The taxpayer did not claim the credit provided for in	142226
section 5747.059 of the Revised Code as to the tax described in	142227
division (E)(1)(a) of this section;	142228

(d) The four-year period described in division (B) of this	142229
section has ended as to the taxable year for which the taxpayer	142230
otherwise would have claimed that credit.	142231

(2) A taxpayer shall file an application for refund pursuant	142232
to division (E) of this section within one year after the date the	142233
payment described in division (E)(1)(a) of this section is made.	142234
An application filed under division (E)(2) of this section shall	142235
claim refund only of overpayments resulting from the taxpayer's	142236
failure to claim the credit described in division (E)(1)(c) of	142237
this section. Nothing in division (E) of this section shall be	142238
construed to relieve a taxpayer from complying with division	142239
(A)(16) of section 5747.01 of the Revised Code.	142240

Sec. 5747.113. (A) Any taxpayer claiming a refund under	142241
section 5747.11 of the Revised Code who wishes to contribute any	142242
part of the taxpayer's refund to the natural areas and preserves	142243
fund created in section 1517.11 of the Revised Code, the nongame	142244
and endangered wildlife fund created in section 1531.26 of the	142245
Revised Code, the military injury relief fund created in section	142246
5101.98 of the Revised Code, the Ohio historical society income	142247
tax contribution fund created in section 149.308 of the Revised	142248
Code, or all of those funds may designate on the taxpayer's income	142249
tax return the amount that the taxpayer wishes to contribute to	142250
the fund or funds. A designated contribution is irrevocable upon	142251
the filing of the return and shall be made in the full amount	142252
designated if the refund found due the taxpayer upon the initial	142253
processing of the taxpayer's return, after any deductions	142254
including those required by section 5747.12 of the Revised Code,	142255
is greater than or equal to the designated contribution. If the	142256
refund due as initially determined is less than the designated	142257
contribution, the contribution shall be made in the full amount of	142258
the refund. The tax commissioner shall subtract the amount of the	142259
contribution from the amount of the refund initially found due the	142260
taxpayer and shall certify the difference to the director of	142261
budget and management and treasurer of state for payment to the	142262
taxpayer in accordance with section 5747.11 of the Revised Code.	142263
For the purpose of any subsequent determination of the taxpayer's	142264
net tax payment, the contribution shall be considered a part of	142265
the refund paid to the taxpayer.	142266

(B) The tax commissioner shall provide a space on the income	142267
tax return form in which a taxpayer may indicate that the taxpayer	142268
wishes to make a donation in accordance with this section. The tax	142269
commissioner shall also print in the instructions accompanying the	142270
income tax return form a description of the purposes for which the	142271
natural areas and preserves fund, the nongame and endangered	142272
wildlife fund, the military injury relief fund, and the Ohio	142273
historical society income tax contribution fund were created and	142274
the use of moneys from the income tax refund contribution system	142275
established in this section. No person shall designate on the	142276
person's income tax return any part of a refund claimed under	142277
section 5747.11 of the Revised Code as a contribution to any fund	142278
other than the natural areas and preserves fund, the nongame and	142279
endangered wildlife fund, the military injury relief fund, or the	142280
Ohio historical society income tax contribution fund.	142281

(C) The money collected under the income tax refund	142282
contribution system established in this section shall be deposited	142283
by the tax commissioner into the natural areas and preserves fund,	142284
the nongame and endangered wildlife fund, the military injury	142285
relief fund, and the Ohio historical society income tax	142286
contribution fund in the amounts designated on the tax returns.	142287

(D) No later than the thirtieth day of September each year,	142288
the tax commissioner shall determine the total amount contributed	142289
to each fund under this section during the preceding eight months,	142290
any adjustments to prior months, and the cost to the department of	142291
taxation of administering the income tax refund contribution	142292
system during that eight-month period. The commissioner shall make	142293
an additional determination no later than the thirty-first day of	142294
January of each year of the total amount contributed to each fund	142295
under this section during the preceding four calendar months, any	142296
adjustments to prior years made during that four-month period, and	142297
the cost to the department of taxation of administering the income	142298
tax contribution system during that period. The cost of	142299
administering the income tax contribution system shall be	142300
certified by the tax commissioner to the director of budget and	142301
management, who shall transfer an amount equal to one-fourth of	142302
such administrative costs from the natural areas and preserves	142303
fund, one-fourth of such costs from the nongame and endangered	142304
wildlife fund, one-fourth of such costs from the military injury	142305
relief fund, and one-fourth of such costs from the Ohio historical	142306
society income tax contribution fund to the ~~litter control and~~	142307
~~natural resource~~income tax ~~administration~~contribution fund,	142308
which is hereby created, provided that the moneys that the	142309
department receives to pay the cost of administering the income	142310
tax refund contribution system in any year shall not exceed two	142311
and one-half per cent of the total amount contributed under that	142312
system during that year.	142313

(E)(1) The director of natural resources, in January of every	142314
odd-numbered year, shall report to the general assembly on the	142315
effectiveness of the income tax refund contribution system as it	142316
pertains to the natural areas and preserves fund and the nongame	142317
and endangered wildlife fund. The report shall include the amount	142318
of money contributed to each fund in each of the previous five	142319
years, the amount of money contributed directly to each fund in	142320
addition to or independently of the income tax refund contribution	142321
system in each of the previous five years, and the purposes for	142322
which the money was expended.	142323

(2) The director of job and family services and the director	142324
of the Ohio historical society, in January of every odd-numbered	142325
year, each shall report to the general assembly on the	142326
effectiveness of the income tax refund contribution system as it	142327
pertains to the military injury relief fund and the Ohio	142328
historical society income tax contribution fund, respectively. The	142329
report shall include the amount of money contributed to the fund	142330
in each of the previous five years, the amount of money	142331
contributed directly to the fund in addition to or independently	142332
of the income tax refund contribution system in each of the	142333
previous five years, and the purposes for which the money was	142334
expended.	142335

Sec. 5747.122. (A) The tax commissioner, in accordance with	142336
section 5101.184 of the Revised Code, shall cooperate with the	142337
director of job and family services to collect overpayments of	142338
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	142339
5113., or section 5101.54 of the Revised Code from refunds of	142340
state income taxes for taxable year 1992 and thereafter that are	142341
payable to the recipients of such overpayments.	142342

(B) At the request of the department of job and family	142343
services in connection with the collection of an overpayment of	142344
assistance from a refund of state income taxes pursuant to this	142345
section and section 5101.184 of the Revised Code, the tax	142346
commissioner shall release to the department the home address and	142347
social security number of any recipient of assistance whose	142348
overpayment may be collected from a refund of state income taxes	142349
under those sections.	142350

(C) In the case of a joint income tax return for two people	142351
who were not married to each other at the time one of them	142352
received an overpayment of assistance, only the portion of a	142353
refund that is due to the recipient of the overpayment shall be	142354
available for collection of the overpayment under this section and	142355
section 5101.184 of the Revised Code. The tax commissioner shall	142356
determine such portion. A recipient's spouse who objects to the	142357
portion as determined by the commissioner may file a complaint	142358
with the commissioner within twenty-one days after receiving	142359
notice of the collection, and the commissioner shall afford the	142360
spouse an opportunity to be heard on the complaint. The	142361
commissioner shall waive or extend the twenty-one-day period if	142362
the recipient's spouse establishes that such action is necessary	142363
to avoid unjust, unfair, or unreasonable results. After the	142364
hearing, the commissioner shall make a final determination of the	142365
portion of the refund available for collection of the overpayment.	142366

(D) The welfare overpayment intercept fund is hereby created	142367
in the state treasury. The tax commissioner shall deposit amounts	142368
collected from income tax refunds under this section to the credit	142369
of the welfare overpayment intercept fund. The director of job and	142370
family services shall distribute money in the fund in accordance	142371
with appropriate federal or state laws and procedures regarding	142372
collection of welfare overpayments.	142373

Sec. 5747.13. (A) If any employer collects the tax imposed	142374
by section 5747.02 or under Chapter 5748. of the Revised Code and	142375
fails to remit the tax as required by law, or fails to collect the	142376
tax, the employer is personally liable for any amount collected	142377
that the employer fails to remit, or any amount that the employer	142378
fails to collect. If any taxpayer fails to file a return or fails	142379
to pay the tax imposed by section 5747.02 or under Chapter 5748.	142380
of the Revised Code, the taxpayer is personally liable for the	142381
amount of the tax.	142382

If any employer, taxpayer, or qualifying entity required to	142383
file a return under this chapter fails to file the return within	142384
the time prescribed, files an incorrect return, fails to remit the	142385
full amount of the taxes due for the period covered by the return,	142386
or fails to remit any additional tax due as a result of a	142387
reduction in the amount of the credit allowed under division (B)	142388
of section 5747.05 of the Revised Code together with interest on	142389
the additional tax within the time prescribed by that division,	142390
the tax commissioner may make an assessment against any person	142391
liable for any deficiency for the period for which the return is	142392
or taxes are due, based upon any information in the commissioner's	142393
possession.	142394

An assessment issued against either the employer or the	142395
taxpayer pursuant to this section shall not be considered an	142396
election of remedies or a bar to an assessment against the other	142397
for failure to report or pay the same tax. No assessment shall be	142398
issued against any person if the tax actually has been paid by	142399
another.	142400

No assessment shall be made or issued against an employer,	142401
taxpayer, or qualifying entity more than four years after the	142402
final date the return subject to assessment was required to be	142403
filed or the date the return was filed, whichever is later.	142404
However, the commissioner may assess any balance due as the result	142405
of a reduction in the credit allowed under division (B) of section	142406
5747.05 of the Revised Code, including applicable penalty and	142407
interest, within four years of the date on which the taxpayer	142408
reports a change in either the portion of the taxpayer's adjusted	142409
gross income subjected to an income tax or tax measured by income	142410
in another state or the District of Columbia, or the amount of	142411
liability for an income tax or tax measured by income to another	142412
state or the District of Columbia, as required by division (B)(3)	142413
of section 5747.05 of the Revised Code. Such time limits may be	142414
extended if both the employer, taxpayer, or qualifying entity and	142415
the commissioner consent in writing to the extension or if an	142416
agreement waiving or extending the time limits has been entered	142417
into pursuant to section 122.171 of the Revised Code. Any such	142418
extension shall extend the four-year time limit in division (B) of	142419
section 5747.11 of the Revised Code for the same period of time.	142420
There shall be no bar or limit to an assessment against an	142421
employer for taxes withheld from employees and not remitted to the	142422
state, against an employer, taxpayer, or qualifying entity that	142423
fails to file a return subject to assessment as required by this	142424
chapter, or against an employer, taxpayer, or qualifying entity	142425
that files a fraudulent return.	142426

The commissioner shall give the party assessed written notice	142427
of the assessment in the manner provided in section 5703.37 of the	142428
Revised Code. With the notice, the commissioner shall provide	142429
instructions on how to petition for reassessment and request a	142430
hearing on the petition.	142431

(B) Unless the party assessed files with the tax commissioner	142432
within sixty days after service of the notice of assessment,	142433
either personally or by certified mail, a written petition for	142434
reassessment, signed by the party assessed or that party's	142435
authorized agent having knowledge of the facts, the assessment	142436
becomes final, and the amount of the assessment is due and payable	142437
from the party assessed to the commissioner with remittance made	142438
payable to the treasurer of state. The petition shall indicate the	142439
objections of the party assessed, but additional objections may be	142440
raised in writing if received by the commissioner prior to the	142441
date shown on the final determination. If the petition has been	142442
properly filed, the commissioner shall proceed under section	142443
5703.60 of the Revised Code.	142444

(C) After an assessment becomes final, if any portion of the	142445
assessment remains unpaid, including accrued interest, a certified	142446
copy of the tax commissioner's entry making the assessment final	142447
may be filed in the office of the clerk of the court of common	142448
pleas in the county in which the employer's, taxpayer's, or	142449
qualifying entity's place of business is located or the county in	142450
which the party assessed resides. If the party assessed is not a	142451
resident of this state, the certified copy of the entry may be	142452
filed in the office of the clerk of the court of common pleas of	142453
Franklin county.	142454

Immediately upon the filing of the entry, the clerk shall	142455
enter a judgment against the party assessed in the amount shown on	142456
the entry. The judgment shall be filed by the clerk in one of two	142457
loose-leaf books, one entitled "special judgments for state and	142458
school district income taxes," and the other entitled "special	142459
judgments for qualifying entity taxes." The judgment shall have	142460
the same effect as other judgments. Execution shall issue upon the	142461
judgment upon the request of the tax commissioner, and all laws	142462
applicable to sales on execution shall apply to sales made under	142463
the judgment.	142464

~~The portion of~~If the assessment is not paid in its entirety	142465
within sixty days after the assessment was issued, the portion of	142466
the assessment consisting of tax due shall bear interest at the	142467
rate per annum prescribed by section 5703.47 of the Revised Code	142468
from the day the tax commissioner issues the assessment until it	142469
is paid or until it is certified to the attorney general for	142470
collection under section 131.02 of the Revised Code, whichever	142471
comes first. If the unpaid portion of the assessment is certified	142472
to the attorney general for collection, the entire unpaid portion	142473
of the assessment shall bear interest at the rate per annum	142474
prescribed by section 5703.47 of the Revised Code from the date of	142475
certification until the date it is paid in its entirety. Interest	142476
shall be paid in the same manner as the tax and may be collected	142477
by the issuance of an assessment under this section.	142478

(D) All money collected under this section shall be	142479
considered as revenue arising from the taxes imposed by this	142480
chapter or Chapter 5733. or 5748. of the Revised Code, as	142481
appropriate.	142482

(E) If the party assessed files a petition for reassessment	142483
under division (B) of this section, the person, on or before the	142484
last day the petition may be filed, shall pay the assessed amount,	142485
including assessed interest and assessed penalties, if any of the	142486
following conditions exists:	142487

(1) The person files a tax return reporting Ohio adjusted	142488
gross income, less the exemptions allowed by section 5747.025 of	142489
the Revised Code, in an amount less than one cent, and the	142490
reported amount is not based on the computations required under	142491
division (A) of section 5747.01 or section 5747.025 of the Revised	142492
Code.	142493

(2) The person files a tax return that the tax commissioner	142494
determines to be incomplete, false, fraudulent, or frivolous.	142495

(3) The person fails to file a tax return, and the basis for	142496
this failure is not either of the following:	142497

(a) An assertion that the person has no nexus with this	142498
state;	142499

(b) The computations required under division (A) of section	142500
5747.01 of the Revised Code or the application of credits allowed	142501
under this chapter has the result that the person's tax liability	142502
is less than one dollar and one cent.	142503

(F) Notwithstanding the fact that a petition for reassessment	142504
is pending, the petitioner may pay all or a portion of the	142505
assessment that is the subject of the petition. The acceptance of	142506
a payment by the treasurer of state does not prejudice any claim	142507
for refund upon final determination of the petition.	142508

If upon final determination of the petition an error in the	142509
assessment is corrected by the tax commissioner, upon petition so	142510
filed or pursuant to a decision of the board of tax appeals or any	142511
court to which the determination or decision has been appealed, so	142512
that the amount due from the party assessed under the corrected	142513
assessment is less than the portion paid, there shall be issued to	142514
the petitioner or to the petitioner's assigns or legal	142515
representative a refund in the amount of the overpayment as	142516
provided by section 5747.11 of the Revised Code, with interest on	142517
that amount as provided by such section, subject to section	142518
5747.12 of the Revised Code.	142519

Sec. 5747.21. (A) This section applies solely for the	142520
purposes of computing the credit allowed under division (A) of	142521
section 5747.05 of the Revised Code, computing income taxable in	142522
this state under division (D) of section 5747.08 of the Revised	142523
Code, computing the deduction under division (A)(32) of section	142524
5747.01 of the Revised Code, and computing the credit allowed	142525
under section 5747.057 of the Revised Code.	142526

(B) Except as otherwise provided under ~~sections 5747.211 and~~	142527
section 5747.212 of the Revised Code, all items of business income	142528
and business deduction shall be apportioned to this state by	142529
multiplying the adjusted gross income by the fraction calculated	142530
under division (B)(2) of section 5733.05 and section 5733.057 of	142531
the Revised Code as if the taxpayer's business were a corporation	142532
subject to the tax imposed by section 5733.06 of the Revised Code.	142533

(C) If the allocation and apportionment provisions of	142534
sections 5747.20 to 5747.23 of the Revised Code or of any rule	142535
adopted by the tax commissioner, do not fairly represent the	142536
extent of business activity in this state of a taxpayer or	142537
pass-through entity, the taxpayer or pass-through entity may	142538
request, which request must be in writing accompanying ~~the~~a	142539
timely filed return or timely filed amended return, or the tax	142540
commissioner may require, in respect of all or any part of the	142541
business activity, if reasonable, any one or more of the	142542
following:	142543

(1) Separate accounting;

142544

(2) The exclusion of one or more factors;

142545

(3) The inclusion of one or more additional factors which	142546
will fairly represent the business activity in this state;	142547

(4) The employment of any other method to effectuate an	142548
equitable allocation and apportionment of such business in this	142549
state. An alternative method will be effective only with approval	142550
of the tax commissioner.	142551

The tax commissioner may adopt rules in the manner provided	142552
by sections 5703.14 and 5747.18 of the Revised Code providing for	142553
alternative methods of calculating business income and nonbusiness	142554
income applicable to all taxpayers and pass-through entities, to	142555
classes of taxpayers and pass-through entities, or only to	142556
taxpayers and pass-through entities within a certain industry.	142557

Sec. 5747.22. (A) This section applies solely for the	142558
purposes of computing the credit allowed under division (A) of	142559
section 5747.05 ~~of the Revised Code and~~, computing income taxable	142560
in this state under division (D) of section 5747.08, and computing	142561
the deduction under division (A)(32) of section 5747.01 of the	142562
Revised Code.	142563

(B) With respect to a pass-through entity, one or more of the	142564
pass-through entity investors of which are liable for the tax	142565
imposed by section 5747.02 of the Revised Code, the business	142566
income and deductions included in the adjusted gross income of the	142567
pass-through entity shall be apportioned to this state in the	142568
hands of the pass-through entity investors pursuant to section	142569
5747.21 of the Revised Code. The business income and deductions as	142570
thus apportioned to this state then shall be allocated to the	142571
pass-through entity investors in proportion to their right to	142572
share in that business income.	142573

(C) With respect to a pass-through entity described in	142574
division (B) of this section, the nonbusiness income and	142575
deductions included in the adjusted gross income of the	142576
pass-through entity shall be allocated to the pass-through entity	142577
investors in proportion to their right to share in the nonbusiness	142578
income, and then the pass-through entity shares shall be allocated	142579
to this state in the hands of each pass-through entity investor	142580
pursuant to section 5747.20 of the Revised Code.	142581

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	142582
July of each year, the tax commissioner shall estimate and certify	142583
the following for each county to its county auditor:	142584

(a) Its guaranteed share of the ensuing year's fund balance;

142585

(b) Its share of the excess of the ensuing year's fund	142586
balance;	142587

142588

(2) In December and in June following such estimations and	142589
certifications, the commissioner shall revise such estimates and	142590
certify such revised estimates to the respective county auditors.	142591

(B) By the tenth day of each month the commissioner shall	142592
distribute the amount credited to the public library fund in the	142593
current month under section 131.51 of the Revised Code. The	142594
distributions shall be made as follows:	142595

(1) During the first six months of each year, each county	142596
shall be paid a percentage of the balance that is the same per	142597
cent that the revised estimate of the county's total entitlement	142598
certified in December under division (A)(2) of this section is of	142599
the sum of such revised estimates of the total entitlements for	142600
all counties.	142601

(2) During the last six months, each county shall be paid a	142602
percentage of the balance that is the same per cent that the	142603
revised estimate of the county's total entitlement certified in	142604
June under division (A)(2) of this section is of the sum of such	142605
revised estimates of the total entitlements for all counties.	142606

(3) During each of the first six months of each year, the	142607
payments made to each county shall be adjusted as follows:	142608

(a) If the county received an overpayment during the	142609
preceding distribution year, reduce the sum of the payments by the	142610
amount of such overpayment. The reduction shall be apportioned	142611
over the six months.	142612

(b) If the county received an underpayment during the	142613
preceding distribution year, increase the sum of the payments by	142614
the amount of such underpayment. The increase shall be apportioned	142615
over the six months.	142616

(C) By the twentieth day of December of each year, the tax	142617
commissioner shall determine and certify to the auditor of each	142618
county each of the following with respect to the current	142619
distribution year:	142620

(1) The year's fund balance;

142621

(2) Each county's guaranteed share;

142622

(3) Each county's share of the excess;

142623

(4) Each county's total entitlement;

142624

(5) Each county's net distribution;

142625

(6) The amount by which each county's net distribution	142626
exceeded or was less than its total entitlement, which amount	142627
shall constitute the county's overpayment or underpayment for	142628
purposes of division (B)(3) of this section in the ensuing	142629
distribution year.	142630

Sec. 5747.501. (A) On or before the twenty-fifth day of July	142631
of each year, the tax commissioner shall estimate and certify to	142632
each county auditor the amount to be distributed from the local	142633
government fund to each undivided local government fund during the	142634
following calendar year under section 5747.50 of the Revised Code.	142635
The estimate shall equal the sum of the separate amounts computed	142636
under divisions (B)(1) and (2) of this section.	142637

(B)(1) The product obtained by multiplying the percentage	142638
described in division (B)(1)(a) of this section by the amount	142639
described in division (B)(1)(b) of this section.	142640

(a) Each county's proportionate share of the total amount	142641
distributed to the counties from the local government fund and the	142642
local government revenue assistance fund during calendar year	142643
2007. In fiscal year 2014 and thereafter, the amount distributed	142644
to any county undivided local government fund shall be an amount	142645
not less than seven hundred fifty thousand dollars or the amount	142646
distributed to such fund in fiscal year 2013, whichever amount is	142647
smaller. To the extent necessary to implement this minimum	142648
distribution requirement, the proportionate shares computed under	142649
this division shall be adjusted accordingly.	142650

(b) The total amount distributed to counties from the local	142651
government fund and the local government revenue assistance fund	142652
during calendar year 2007 adjusted downward if, and to the extent	142653
that, total local government fund distributions to counties for	142654
the following year are projected to be less than what was	142655
distributed to counties from the local government fund and local	142656
government revenue assistance fund during calendar year 2007.	142657

(2) The product obtained by multiplying the percentage	142658
described in division (B)(2)(a) of this section by the amount	142659
described in division (B)(2)(b) of this section.	142660

(a) Each county's proportionate share of the state's	142661
population as reflected in the most recent federal decennial	142662
census or the federal government's most recent census estimates,	142663
whichever represents the most recent year.	142664

(b) The amount by which total estimated distributions from	142665
the local government fund during the immediately succeeding	142666
calendar year, less the total estimated amount to be distributed	142667
from the fund to municipal corporations under division (C) of	142668
section 5747.50 of the Revised Code during the immediately	142669
succeeding calendar year, exceed the total amount distributed to	142670
counties from the local government fund and local government	142671
revenue assistance fund during calendar year 2007.	142672

Sec. 5747.76. (A) As used in this section, "certificate	142673
owner" has the same meaning as in section 149.311 of the Revised	142674
Code.	142675

(B) There is allowed a credit against the tax imposed under	142676
section 5747.02 of the Revised Code for a taxpayer that is the	142677
certificate owner of a rehabilitation tax credit certificate	142678
issued under section 149.311 of the Revised Code. The credit shall	142679
equal twenty-five per cent of the dollar amount indicated on the	142680
certificate, but the amount of credit allowed for any taxpayer	142681
shall not exceed ~~five~~ten million dollars. The credit shall be	142682
claimed for the taxable year specified in the certificate and in	142683
the order required under section 5747.98 of the Revised Code.	142684

(C) Nothing in this section limits or disallows pass-through	142685
treatment of the credit if the certificate owner is a pass-through	142686
entity. If the certificate owner is a pass-through entity, the	142687
amount of the credit allowed for the pass-through entity shall not	142688
exceed five million dollars. If the certificate owner is a	142689
pass-through entity, the credit may be allocated among the	142690
entity's equity owners in proportion to their ownership interests	142691
or in such proportions or amounts as the equity owners mutually	142692
agree.	142693

(D) If the credit allowed for any taxable year exceeds the	142694
tax otherwise due under section 5747.02 of the Revised Code, after	142695
allowing for any other credits preceding the credit in the order	142696
prescribed by section 5747.98 of the Revised Code, the excess	142697
shall be refunded to the taxpayer but, if any amount of the credit	142698
is refunded, the sum of the amount refunded and the amount applied	142699
to reduce the tax otherwise due for that year shall not exceed	142700
three million dollars or, if the certificate owner is a	142701
pass-through entity, shall not exceed the taxpayer's distributive	142702
or proportionate share, as allocated under division (C) of this	142703
section, of three million dollars. The taxpayer may carry forward	142704
any balance of the credit in excess of the amount claimed for that	142705
year for not more than five ensuing taxable years, and shall	142706
deduct any amount claimed for any such year from the amount	142707
claimed in an ensuing year.	142708

(E) A taxpayer claiming a credit under this section shall	142709
retain the rehabilitation tax credit certificate for four years	142710
following the end of the taxable year to which the credit was	142711
applied, and shall make the certificate available for inspection	142712
by the tax commissioner upon the request of the tax commissioner	142713
during that period.	142714

Sec. 5747.98. (A) To provide a uniform procedure for	142715
calculating the amount of tax due under section 5747.02 of the	142716
Revised Code, a taxpayer shall claim any credits to which the	142717
taxpayer is entitled in the following order:	142718

(1) The retirement income credit under division (B) of	142719
section 5747.055 of the Revised Code;	142720

(2) The senior citizen credit under division (C) of section	142721
5747.05 of the Revised Code;	142722

(3) The lump sum distribution credit under division (D) of	142723
section 5747.05 of the Revised Code;	142724

(4) The dependent care credit under section 5747.054 of the	142725
Revised Code;	142726

(5) The lump sum retirement income credit under division (C)	142727
of section 5747.055 of the Revised Code;	142728

(6) The lump sum retirement income credit under division (D)	142729
of section 5747.055 of the Revised Code;	142730

(7) The lump sum retirement income credit under division (E)	142731
of section 5747.055 of the Revised Code;	142732

(8) The low-income credit under section 5747.056 of the	142733
Revised Code;	142734

(9) The credit for displaced workers who pay for job training	142735
under section 5747.27 of the Revised Code;	142736

(10) The campaign contribution credit under section 5747.29	142737
of the Revised Code;	142738

(11) The twenty-dollar personal exemption credit under	142739
section 5747.022 of the Revised Code;	142740

(12) The joint filing credit under division (G) of section	142741
5747.05 of the Revised Code;	142742

(13) The nonresident credit under division (A) of section	142743
5747.05 of the Revised Code;	142744

(14) The credit for a resident's out-of-state income under	142745
division (B) of section 5747.05 of the Revised Code;	142746

(15) The credit for employers that enter into agreements with	142747
child day-care centers under section 5747.34 of the Revised Code;	142748

(16) The credit for employers that reimburse employee child	142749
care expenses under section 5747.36 of the Revised Code;	142750

(17) The credit for adoption of a minor child under section	142751
5747.37 of the Revised Code;	142752

(18) The credit for purchases of lights and reflectors under	142753
section 5747.38 of the Revised Code;	142754

(19) The nonrefundable job retention credit under division	142755
(B) of section 5747.058 of the Revised Code;	142756

(20) The credit for selling alternative fuel under section	142757
5747.77 of the Revised Code;	142758

(21) The second credit for purchases of new manufacturing	142759
machinery and equipment and the credit for using Ohio coal under	142760
section 5747.31 of the Revised Code;	142761

(22) The job training credit under section 5747.39 of the	142762
Revised Code;	142763

(23) The enterprise zone credit under section 5709.66 of the	142764
Revised Code;	142765

(24) The credit for the eligible costs associated with a	142766
voluntary action under section 5747.32 of the Revised Code;	142767

(25) The credit for employers that establish on-site child	142768
day-care centers under section 5747.35 of the Revised Code;	142769

(26) The ethanol plant investment credit under section	142770
5747.75 of the Revised Code;	142771

(27) The credit for purchases of qualifying grape production	142772
property under section 5747.28 of the Revised Code;	142773

(28) The small business investment credit under section	142774
5747.81 of the Revised Code;	142775

(29) ~~The credit for research and development and technology~~	142776
~~transfer investors under section 5747.33 of the Revised Code;~~	142777

~~(30)~~ The enterprise zone credits under section 5709.65 of the	142778
Revised Code;	142779

~~(31)~~(30) The research and development credit under section	142780
5747.331 of the Revised Code;	142781

~~(32)~~(31) The credit for rehabilitating a historic building	142782
under section 5747.76 of the Revised Code;	142783

~~(33)~~(32) The refundable credit for rehabilitating a historic	142784
building under section 5747.76 of the Revised Code;	142785

~~(34)~~(33) The refundable jobs creation credit or job retention	142786
credit under division (A) of section 5747.058 of the Revised Code;	142787

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	142788
entity granted under section 5747.059 of the Revised Code;	142789

~~(36)~~(35) The refundable credits for taxes paid by a	142790
qualifying pass-through entity granted under division (J) of	142791
section 5747.08 of the Revised Code;	142792

~~(37)~~(36) The refundable credit under section 5747.80 of the	142793
Revised Code for losses on loans made to the Ohio venture capital	142794
program under sections 150.01 to 150.10 of the Revised Code;	142795

~~(38)~~(37) The refundable motion picture production credit	142796
under section 5747.66 of the Revised Code.	142797

~~(39)~~(38) The refundable credit for financial institution	142798
taxes paid by a pass-through entity granted under section 5747.65	142799
of the Revised Code.	142800

(B) For any credit, except the refundable credits enumerated	142801
in this section and the credit granted under division (I) of	142802
section 5747.08 of the Revised Code, the amount of the credit for	142803
a taxable year shall not exceed the tax due after allowing for any	142804
other credit that precedes it in the order required under this	142805
section. Any excess amount of a particular credit may be carried	142806
forward if authorized under the section creating that credit.	142807
Nothing in this chapter shall be construed to allow a taxpayer to	142808
claim, directly or indirectly, a credit more than once for a	142809
taxable year.	142810

Sec. 5748.01. As used in this chapter:

142811

(A) "School district income tax" means an income tax adopted	142812
under one of the following:	142813

(1) Former section 5748.03 of the Revised Code as it existed	142814
prior to its repeal by Amended Substitute House Bill No. 291 of	142815
the 115th general assembly;	142816

(2) Section 5748.03 of the Revised Code as enacted in	142817
Substitute Senate Bill No. 28 of the 118th general assembly;	142818

(3) Section 5748.08 of the Revised Code as enacted in Amended	142819
Substitute Senate Bill No. 17 of the 122nd general assembly;	142820

(4) Section 5748.021 of the Revised Code;

142821

(5) Section 5748.081 of the Revised Code;

142822

(6) Section 5748.09 of the Revised Code.

142823

(B) "Individual" means an individual subject to the tax	142824
levied by section 5747.02 of the Revised Code.	142825

(C) "Estate" means an estate subject to the tax levied by	142826
section 5747.02 of the Revised Code.	142827

(D) "Taxable year" means a taxable year as defined in	142828
division (M) of section 5747.01 of the Revised Code.	142829

(E) "Taxable income" means:

142830

(1) In the case of an individual, one of the following, as	142831
specified in the resolution imposing the tax:	142832

(a) Ohio adjusted gross income for the taxable year as	142833
defined in division (A) of section 5747.01 of the Revised Code,	142834
less the exemptions provided by section 5747.02 of the Revised	142835
Code, plus any amount deducted under division (A)(32) of section	142836
5747.01 of the Revised Code for the taxable year;	142837

(b) Wages, salaries, tips, and other employee compensation to	142838
the extent included in Ohio adjusted gross income as defined in	142839
section 5747.01 of the Revised Code, and net earnings from	142840
self-employment, as defined in section 1402(a) of the Internal	142841
Revenue Code, to the extent included in Ohio adjusted gross	142842
income.	142843

(2) In the case of an estate, taxable income for the taxable	142844
year as defined in division (S) of section 5747.01 of the Revised	142845
Code.	142846

(F) "Resident" of the school district means:

142847

(1) An individual who is a resident of this state as defined	142848
in division (I) of section 5747.01 of the Revised Code during all	142849
or a portion of the taxable year and who, during all or a portion	142850
of such period of state residency, is domiciled in the school	142851
district or lives in and maintains a permanent place of abode in	142852
the school district;	142853

(2) An estate of a decedent who, at the time of death, was	142854
domiciled in the school district.	142855

(G) "School district income" means:

142856

(1) With respect to an individual, the portion of the taxable	142857
income of an individual that is received by the individual during	142858
the portion of the taxable year that the individual is a resident	142859
of the school district and the school district income tax is in	142860
effect in that school district. An individual may have school	142861
district income with respect to more than one school district.	142862

(2) With respect to an estate, the taxable income of the	142863
estate for the portion of the taxable year that the school	142864
district income tax is in effect in that school district.	142865

(H) "Taxpayer" means an individual or estate having school	142866
district income upon which a school district income tax is	142867
imposed.	142868

(I) "School district purposes" means any of the purposes for	142869
which a tax may be levied pursuant to division (A) of section	142870
5705.21 of the Revised Code, including the combined purposes	142871
authorized by section 5705.217 of the Revised Code.	142872

Sec. 5749.02. (A) For the purpose of providing revenue to	142873
administer the state's coal mining and reclamation regulatory	142874
program, to meet the environmental and resource management needs	142875
of this state, and to reclaim land affected by mining, an excise	142876
tax is hereby levied on the privilege of engaging in the severance	142877
of natural resources from the soil or water of this state. The tax	142878
shall be imposed upon the severer ~~and shall be~~at the rates	142879
prescribed by divisions (A)(1) to (9) of this section:	142880

(1) Ten cents per ton of coal;

142881

(2) Four cents per ton of salt;

142882

(3) Two cents per ton of limestone or dolomite;

142883

(4) Two cents per ton of sand and gravel;

142884

(5) Ten cents per barrel of oil;

142885

(6) Two and one-half cents per thousand cubic feet of natural	142886
gas;	142887

(7) One cent per ton of clay, sandstone or conglomerate,	142888
shale, gypsum, or quartzite;	142889

(8) Except as otherwise provided in this division or in rules	142890
adopted by the reclamation forfeiture fund advisory board under	142891
section 1513.182 of the Revised Code, an additional fourteen cents	142892
per ton of coal produced from an area under a coal mining and	142893
reclamation permit issued under Chapter 1513. of the Revised Code	142894
for which the performance security is provided under division	142895
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	142896
2007, if at the end of a fiscal biennium the balance of the	142897
reclamation forfeiture fund created in section 1513.18 of the	142898
Revised Code is equal to or greater than ten million dollars, the	142899
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	142900
if at the end of a fiscal biennium the balance of the fund is at	142901
least five million dollars, but less than ten million dollars, the	142902
rate levied shall be fourteen cents per ton. Beginning July 1,	142903
2007, if at the end of a fiscal biennium the balance of the fund	142904
is less than five million dollars, the rate levied shall be	142905
sixteen cents per ton. Beginning July 1, 2009, not later than	142906
thirty days after the close of a fiscal biennium, the chief of the	142907
division of mineral resources management shall certify to the tax	142908
commissioner the amount of the balance of the reclamation	142909
forfeiture fund as of the close of the fiscal biennium. Any	142910
necessary adjustment of the rate levied shall take effect on the	142911
first day of the following January and shall remain in effect	142912
during the calendar biennium that begins on that date.	142913

(9) An additional one and two-tenths cents per ton of coal	142914
mined by surface mining methods.	142915

(B) OfAfter the director of budget and management transfers	142916
money from the severance tax receipts fund as required in division	142917
(H) of section 5749.06 of the Revised Code, money remaining in the	142918
severance tax receipts fund, except for money in the fund from the	142919
amounts due under section 1509.50 of the Revised Code, shall be	142920
credited as follows:	142921

(1) Of the moneys ~~received by the treasurer of state~~in the	142922
fund from the tax levied in division (A)(1) of this section, four	142923
and seventy-six-hundredths per cent shall be credited to the	142924
geological mapping fund created in section 1505.09 of the Revised	142925
Code, eighty and ninety-five-hundredths per cent shall be credited	142926
to the coal mining administration and reclamation reserve fund	142927
created in section 1513.181 of the Revised Code, and fourteen and	142928
twenty-nine-hundredths per cent shall be credited to the	142929
unreclaimed lands fund created in section 1513.30 of the Revised	142930
Code.	142931

(2) The money ~~received by the treasurer of state~~in the fund	142932
from the tax levied in division (A)(2) of this section shall be	142933
credited to the geological mapping fund.	142934

(3) Of the moneys ~~received by the treasurer of state~~in the	142935
fund from the tax levied in divisions (A)(3) and (4) of this	142936
section, seven and five-tenths per cent shall be credited to the	142937
geological mapping fund, forty-two and five-tenths per cent shall	142938
be credited to the unreclaimed lands fund, and the remainder shall	142939
be credited to the surface mining fund created in section 1514.06	142940
of the Revised Code.	142941

(4) Of the moneys ~~received by the treasurer of state~~in the	142942
fund from the tax levied in divisions (A)(5) and (6) of this	142943
section, ninety per cent shall be credited to the oil and gas well	142944
fund created in section 1509.02 of the Revised Code and ten per	142945
cent shall be credited to the geological mapping fund. All of the	142946
moneys ~~received by the treasurer of state~~in the fund from the	142947
tax levied in division (A)(7) of this section shall be credited to	142948
the surface mining fund.	142949

(5) All of the moneys ~~received by the treasurer of state~~in	142950
the fund from the tax levied in division (A)(8) of this section	142951
shall be credited to the reclamation forfeiture fund.	142952

(6) All of the moneys ~~received by the treasurer of state~~in	142953
the fund from the tax levied in division (A)(9) of this section	142954
shall be credited to the unreclaimed lands fund.	142955

(C) When, at the close of any fiscal year, the chief finds	142956
that the balance of the reclamation forfeiture fund, plus	142957
estimated transfers to it from the coal mining administration and	142958
reclamation reserve fund under section 1513.181 of the Revised	142959
Code, plus the estimated revenues from the tax levied by division	142960
(A)(8) of this section for the remainder of the calendar year that	142961
includes the close of the fiscal year, are sufficient to complete	142962
the reclamation of all lands for which the performance security	142963
has been provided under division (C)(2) of section 1513.08 of the	142964
Revised Code, the purposes for which the tax under division (A)(8)	142965
of this section is levied shall be deemed accomplished at the end	142966
of that calendar year. The chief, within thirty days after the	142967
close of the fiscal year, shall certify those findings to the tax	142968
commissioner, and the tax levied under division (A)(8) of this	142969
section shall cease to be imposed for the subsequent calendar year	142970
after the last day of that calendar year on coal produced under a	142971
coal mining and reclamation permit issued under Chapter 1513. of	142972
the Revised Code if the permittee has made tax payments under	142973
division (A)(8) of this section during each of the preceding five	142974
full calendar years. Not later than thirty days after the close of	142975
a fiscal year, the chief shall certify to the tax commissioner the	142976
identity of any permittees who accordingly no longer are required	142977
to pay the tax levied under division (A)(8) of this section for	142978
the subsequent calendar year.	142979

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	142980
by section 5749.02 of the Revised Code and each severer or owner	142981
liable for the amounts due under section 1509.50 of the Revised	142982
Code shall make and file returns with the tax commissioner in the	142983
prescribed form and as of the prescribed times, computing and	142984
reflecting therein the tax as required by this chapter and amounts	142985
due under section 1509.50 of the Revised Code.	142986

(2) The returns shall be filed for every quarterly period,	142987
which periods shall end on the thirty-first day of March, the	142988
thirtieth day of June, the thirtieth day of September, and the	142989
thirty-first day of December of each year, as required by this	142990
section, unless a different return period is prescribed for a	142991
taxpayer by the commissioner.	142992

(B)(1) A separate return shall be filed for each calendar	142993
quarterly period, or other period, or any part thereof, during	142994
which the severer holds a license as provided by section 5749.04	142995
of the Revised Code, or is required to hold the license, or during	142996
which an owner is required to file a return~~, and the~~. The return	142997
shall be filed within forty-five days after the last day of each	142998
such calendar month, or other period, or any part thereof, for	142999
which the return is required ~~and shall include remittance payable~~	143000
~~to the treasurer of state of the amount of~~. The tax due is payable	143001
along with the return. All such returns shall contain such	143002
information as the commissioner may require to fairly administer	143003
the tax.	143004

(2) All returns shall be signed by the severer or owner, as	143005
applicable, shall contain the full and complete information	143006
requested, and shall be made under penalty of perjury.	143007

(C) If the commissioner believes that quarterly payments of	143008
tax would result in a delay that might jeopardize the collection	143009
of such tax payments, the commissioner may order that such	143010
payments be made weekly, or more frequently if necessary, such	143011
payments to be made not later than seven days following the close	143012
of the period for which the jeopardy payment is required. Such an	143013
order shall be delivered to the taxpayer personally or by	143014
certified mail and shall remain in effect until the commissioner	143015
notifies the taxpayer to the contrary.	143016

(D) Upon good cause the commissioner may extend for thirty	143017
days the period for filing any notice or return required to be	143018
filed under this section, and may remit all or a part of penalties	143019
that may become due under this chapter.	143020

(E) Any tax and any amount due under section 1509.50 of the	143021
Revised Code not paid by the day the tax or amount is due shall	143022
bear interest computed at the rate per annum prescribed by section	143023
5703.47 of the Revised Code on that amount due from the day that	143024
the amount was originally required to be paid to the day of actual	143025
payment or to the day an assessment was issued under section	143026
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	143027

(F) ~~The severer shall make all payments payable to the~~	143028
~~treasurer of state. Except for the amounts due under section~~	143029
~~1509.50 of the Revised Code, all~~A severer or owner, as	143030
applicable, that fails to file a complete return or pay the full	143031
amount due under this chapter within the time prescribed,	143032
including any extensions of time granted by the commissioner,	143033
shall be subject to a penalty not to exceed the greater of fifty	143034
dollars or ten per cent of the amount due for the period.	143035

(G)(1) A severer or owner, as applicable, shall remit	143036
payments electronically and, if required by the commissioner, file	143037
each return electronically. The commissioner may require that the	143038
severer or owner use the Ohio business gateway, as defined in	143039
section 718.051 of the Revised Code, or another electronic means	143040
to file returns and remit payments electronically.	143041

(2) A severer or owner that is required to remit payments	143042
electronically under this section may apply to the commissioner,	143043
in the manner prescribed by the commissioner, to be excused from	143044
that requirement. The commissioner may excuse a severer or owner	143045
from the requirements of division (G) of this section for good	143046
cause.	143047

(3) If a severer or owner that is required to remit payments	143048
or file returns electronically under this section fails to do so,	143049
the commissioner may impose a penalty on the severer or owner not	143050
to exceed the following:	143051

(a) For the first or second payment or return the severer or	143052
owner fails to remit or file electronically, the greater of five	143053
per cent of the amount of the payment that was required to be	143054
remitted or twenty-five dollars;	143055

(b) For every payment or return after the second that the	143056
severer or owner fails to remit or file electronically, the	143057
greater of ten per cent of the amount of the payment that was	143058
required to be remitted or fifty dollars.	143059

(H)(1) All amounts that the ~~tax~~ commissioner receives under	143060
this section shall be deemed to be revenue from taxes imposed	143061
under this chapter~~. The commissioner shall immediately forward to~~	143062
~~the treasurer of state all amounts received under this section~~or	143063
from the amount due under section 1509.50 of the Revised Code, as	143064
applicable, and shall be deposited in the severance tax receipts	143065
fund, which is hereby created in the state treasury.	143066

(2) The director of budget and management shall transfer from	143067
the severance tax receipts fund to the tax refund fund amounts	143068
equal to the refunds certified by the commissioner under section	143069
5749.08 of the Revised Code. Any amount transferred under division	143070
(H)(2) of this section shall be derived from receipts of the same	143071
tax or other amount from which the refund arose.	143072

(3) After the director of budget and management makes any	143073
transfer required by division (H)(2) of this section, but not	143074
later than the fifteenth day of the month following the end of	143075
each calendar quarter, the commissioner shall certify to the	143076
director the total amount remaining in the severance tax receipts	143077
fund organized according to the amount attributable to each	143078
natural resource and according to the amount attributable to a tax	143079
imposed by this chapter and the amounts due under section 1509.50	143080
of the Revised Code.	143081

(I) Penalties imposed under this section are in addition to	143082
any other penalty imposed under this chapter and shall be	143083
considered as revenue arising from the tax levied under this	143084
chapter or the amount due under section 1509.50 of the Revised	143085
Code, as applicable. The commissioner may collect any penalty or	143086
interest imposed under this section in the same manner as provided	143087
for the making of an assessment in section 5749.07 of the Revised	143088
Code. The commissioner may abate all or a portion of such interest	143089
or penalties and may adopt rules governing such abatements.	143090

Sec. 5749.07. (A) If any severer required by this chapter to	143091
make and file returns and pay the tax levied by section 5749.02 of	143092
the Revised Code, or any severer or owner liable for the amounts	143093
due under section 1509.50 of the Revised Code, fails to make such	143094
return or pay such tax or amounts, the tax commissioner may make	143095
an assessment against the severer or owner based upon any	143096
information in the commissioner's possession.	143097

No assessment shall be made or issued against any severer for	143098
any tax imposed by section 5749.02 of the Revised Code or against	143099
any severer or owner for any amount due under section 1509.50 of	143100
the Revised Code more than four years after the return was due or	143101
was filed, whichever is later. This section does not bar an	143102
assessment against a severer or owner who fails to file a return	143103
as required by this chapter, or who files a fraudulent return.	143104

The commissioner shall give the party assessed written notice	143105
of such assessment in the manner provided in section 5703.37 of	143106
the Revised Code. With the notice, the commissioner shall provide	143107
instructions on how to petition for reassessment and request a	143108
hearing on the petition.	143109

(B) Unless the party assessed files with the commissioner	143110
within sixty days after service of the notice of assessment,	143111
either personally or by certified mail, a written petition for	143112
reassessment signed by the party assessed or that party's	143113
authorized agent having knowledge of the facts, the assessment	143114
becomes final and the amount of the assessment is due and payable	143115
from the party assessed to the treasurer of state. The petition	143116
shall indicate the objections of the party assessed, but	143117
additional objections may be raised in writing if received by the	143118
commissioner prior to the date shown on the final determination.	143119
If the petition has been properly filed, the commissioner shall	143120
proceed under section 5703.60 of the Revised Code.	143121

(C) After an assessment becomes final, if any portion of the	143122
assessment remains unpaid, including accrued interest, a certified	143123
copy of the commissioner's entry making the assessment final may	143124
be filed in the office of the clerk of the court of common pleas	143125
in the county in which the party assessed resides or in which the	143126
party's business is conducted. If the party assessed maintains no	143127
place of business in this state and is not a resident of this	143128
state, the certified copy of the entry may be filed in the office	143129
of the clerk of the court of common pleas of Franklin county.	143130

Immediately upon the filing of such entry, the clerk shall	143131
enter a judgment for the state against the party assessed in the	143132
amount shown on the entry. The judgment may be filed by the clerk	143133
in a loose-leaf book entitled "special judgments for state	143134
severance tax," and shall have the same effect as other judgments.	143135
Execution shall issue upon the judgment upon the request of the	143136
commissioner, and all laws applicable to sales on execution shall	143137
apply to sales made under the judgment.	143138

~~The portion of~~If the assessment is not paid in its entirety	143139
within sixty days after the day the assessment is issued, the	143140
portion of the assessment consisting of tax due or amounts due	143141
under section 1509.50 of the Revised Code shall bear interest at	143142
the rate per annum prescribed by section 5703.47 of the Revised	143143
Code from the day the commissioner issues the assessment until it	143144
is paid or until it is certified to the attorney general for	143145
collection under section 131.02 of the Revised Code, whichever	143146
comes first. If the unpaid portion of the assessment is certified	143147
to the attorney general for collection, the entire unpaid portion	143148
of the assessment shall bear interest at the rate per annum	143149
prescribed by section 5703.47 of the Revised Code from the date of	143150
certification until the date it is paid in its entirety. Interest	143151
shall be paid in the same manner as the tax and may be collected	143152
by the issuance of an assessment under this section.	143153

(D) All money collected by the commissioner under this	143154
section shall be paid to the treasurer of state, and when paid	143155
shall be considered as revenue arising from the tax imposed by	143156
section 5749.02 of the Revised Code and the amount due under	143157
section 1509.50 of the Revised Code, as applicable.	143158

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	143159
1509. of the Revised Code, any information provided to the	143160
department of natural resources by the department of taxation in	143161
accordance with division (C)(12) of section 5703.21 of the Revised	143162
Code shall not be disclosed publicly by the department of natural	143163
resources~~, but~~. However the department of natural resources may	143164
provide such information to the attorney general for purposes of	143165
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	143166

Sec. 5751.01. As used in this chapter:

143167

(A) "Person" means, but is not limited to, individuals,	143168
combinations of individuals of any form, receivers, assignees,	143169
trustees in bankruptcy, firms, companies, joint-stock companies,	143170
business trusts, estates, partnerships, limited liability	143171
partnerships, limited liability companies, associations, joint	143172
ventures, clubs, societies, for-profit corporations, S	143173
corporations, qualified subchapter S subsidiaries, qualified	143174
subchapter S trusts, trusts, entities that are disregarded for	143175
federal income tax purposes, and any other entities.	143176

(B) "Consolidated elected taxpayer" means a group of two or	143177
more persons treated as a single taxpayer for purposes of this	143178
chapter as the result of an election made under section 5751.011	143179
of the Revised Code.	143180

(C) "Combined taxpayer" means a group of two or more persons	143181
treated as a single taxpayer for purposes of this chapter under	143182
section 5751.012 of the Revised Code.	143183

(D) "Taxpayer" means any person, or any group of persons in	143184
the case of a consolidated elected taxpayer or combined taxpayer	143185
treated as one taxpayer, required to register or pay tax under	143186
this chapter. "Taxpayer" does not include excluded persons.	143187

(E) "Excluded person" means any of the following:

143188

(1) Any person with not more than one hundred fifty thousand	143189
dollars of taxable gross receipts during the calendar year.	143190
Division (E)(1) of this section does not apply to a person that is	143191
a member of a consolidated elected taxpayer;	143192

(2) A public utility that paid the excise tax imposed by	143193
section 5727.24 or 5727.30 of the Revised Code based on one or	143194
more measurement periods that include the entire tax period under	143195
this chapter, except that a public utility that is a combined	143196
company is a taxpayer with regard to the following gross receipts:	143197

(a) Taxable gross receipts directly attributed to a public	143198
utility activity, but not directly attributed to an activity that	143199
is subject to the excise tax imposed by section 5727.24 or 5727.30	143200
of the Revised Code;	143201

(b) Taxable gross receipts that cannot be directly attributed	143202
to any activity, multiplied by a fraction whose numerator is the	143203
taxable gross receipts described in division (E)(2)(a) of this	143204
section and whose denominator is the total taxable gross receipts	143205
that can be directly attributed to any activity;	143206

(c) Except for any differences resulting from the use of an	143207
accrual basis method of accounting for purposes of determining	143208
gross receipts under this chapter and the use of the cash basis	143209
method of accounting for purposes of determining gross receipts	143210
under section 5727.24 of the Revised Code, the gross receipts	143211
directly attributed to the activity of a natural gas company shall	143212
be determined in a manner consistent with division (D) of section	143213
5727.03 of the Revised Code.	143214

As used in division (E)(2) of this section, "combined	143215
company" and "public utility" have the same meanings as in section	143216
5727.01 of the Revised Code.	143217

(3) A financial institution, as defined in section 5726.01 of	143218
the Revised Code, that paid the tax imposed by section 5726.02 of	143219
the Revised Code based on one or more taxable years that include	143220
the entire tax period under this chapter;	143221

(4) A person directly or indirectly owned by one or more	143222
financial institutions, as defined in section 5726.01 of the	143223
Revised Code, that paid the tax imposed by section 5726.02 of the	143224
Revised Code based on one or more taxable years that include the	143225
entire tax period under this chapter.	143226

For the purposes of division (E)(4) of this section, a person	143227
owns another person under the following circumstances:	143228

(a) In the case of corporations issuing capital stock, one	143229
corporation owns another corporation if it owns fifty per cent or	143230
more of the other corporation's capital stock with current voting	143231
rights;	143232

(b) In the case of a limited liability company, one person	143233
owns the company if that person's membership interest, as defined	143234
in section 1705.01 of the Revised Code, is fifty per cent or more	143235
of the combined membership interests of all persons owning such	143236
interests in the company;	143237

(c) In the case of a partnership, trust, or other	143238
unincorporated business organization other than a limited	143239
liability company, one person owns the organization if, under the	143240
articles of organization or other instrument governing the affairs	143241
of the organization, that person has a beneficial interest in the	143242
organization's profits, surpluses, losses, or distributions of	143243
fifty per cent or more of the combined beneficial interests of all	143244
persons having such an interest in the organization.	143245

(5) A domestic insurance company or foreign insurance	143246
company, as defined in section 5725.01 of the Revised Code, that	143247
paid the insurance company premiums tax imposed by section 5725.18	143248
or Chapter 5729. of the Revised Code, or an unauthorized insurance	143249
company whose gross premiums are subject to tax under section	143250
3905.36 of the Revised Code based on one or more measurement	143251
periods that include the entire tax period under this chapter;	143252

(6) A person that solely facilitates or services one or more	143253
securitizations of phase-in-recovery property pursuant to a final	143254
financing order as those terms are defined in section 4928.23 of	143255
the Revised Code. For purposes of this division, "securitization"	143256
means transferring one or more assets to one or more persons and	143257
then issuing securities backed by the right to receive payment	143258
from the asset or assets so transferred.	143259

(7) Except as otherwise provided in this division, a	143260
pre-income tax trust as defined in division (FF)(4) of section	143261
5747.01 of the Revised Code and any pass-through entity of which	143262
such pre-income tax trust owns or controls, directly, indirectly,	143263
or constructively through related interests, more than five per	143264
cent of the ownership or equity interests. If the pre-income tax	143265
trust has made a qualifying pre-income tax trust election under	143266
division (FF)(3) of section 5747.01 of the Revised Code, then the	143267
trust and the pass-through entities of which it owns or controls,	143268
directly, indirectly, or constructively through related interests,	143269
more than five per cent of the ownership or equity interests,	143270
shall not be excluded persons for purposes of the tax imposed	143271
under section 5751.02 of the Revised Code.	143272

(8) Nonprofit organizations or the state and its agencies,	143273
instrumentalities, or political subdivisions.	143274

(F) Except as otherwise provided in divisions (F)(2), (3),	143275
and (4) of this section, "gross receipts" means the total amount	143276
realized by a person, without deduction for the cost of goods sold	143277
or other expenses incurred, that contributes to the production of	143278
gross income of the person, including the fair market value of any	143279
property and any services received, and any debt transferred or	143280
forgiven as consideration.	143281

(1) The following are examples of gross receipts:

143282

(a) Amounts realized from the sale, exchange, or other	143283
disposition of the taxpayer's property to or with another;	143284

(b) Amounts realized from the taxpayer's performance of	143285
services for another;	143286

(c) Amounts realized from another's use or possession of the	143287
taxpayer's property or capital;	143288

(d) Any combination of the foregoing amounts.

143289

(2) "Gross receipts" excludes the following amounts:

143290

(a) Interest income except interest on credit sales;

143291

(b) Dividends and distributions from corporations, and	143292
distributive or proportionate shares of receipts and income from a	143293
pass-through entity as defined under section 5733.04 of the	143294
Revised Code;	143295

(c) Receipts from the sale, exchange, or other disposition of	143296
an asset described in section 1221 or 1231 of the Internal Revenue	143297
Code, without regard to the length of time the person held the	143298
asset. Notwithstanding section 1221 of the Internal Revenue Code,	143299
receipts from hedging transactions also are excluded to the extent	143300
the transactions are entered into primarily to protect a financial	143301
position, such as managing the risk of exposure to (i) foreign	143302
currency fluctuations that affect assets, liabilities, profits,	143303
losses, equity, or investments in foreign operations; (ii)	143304
interest rate fluctuations; or (iii) commodity price fluctuations.	143305
As used in division (F)(2)(c) of this section, "hedging	143306
transaction" has the same meaning as used in section 1221 of the	143307
Internal Revenue Code and also includes transactions accorded	143308
hedge accounting treatment under statement of financial accounting	143309
standards number 133 of the financial accounting standards board.	143310
For the purposes of division (F)(2)(c) of this section, the actual	143311
transfer of title of real or tangible personal property to another	143312
entity is not a hedging transaction.	143313

(d) Proceeds received attributable to the repayment,	143314
maturity, or redemption of the principal of a loan, bond, mutual	143315
fund, certificate of deposit, or marketable instrument;	143316

(e) The principal amount received under a repurchase	143317
agreement or on account of any transaction properly characterized	143318
as a loan to the person;	143319

(f) Contributions received by a trust, plan, or other	143320
arrangement, any of which is described in section 501(a) of the	143321
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	143322
1, Subchapter (D) of the Internal Revenue Code applies;	143323

(g) Compensation, whether current or deferred, and whether in	143324
cash or in kind, received or to be received by an employee, former	143325
employee, or the employee's legal successor for services rendered	143326
to or for an employer, including reimbursements received by or for	143327
an individual for medical or education expenses, health insurance	143328
premiums, or employee expenses, or on account of a dependent care	143329
spending account, legal services plan, any cafeteria plan	143330
described in section 125 of the Internal Revenue Code, or any	143331
similar employee reimbursement;	143332

(h) Proceeds received from the issuance of the taxpayer's own	143333
stock, options, warrants, puts, or calls, or from the sale of the	143334
taxpayer's treasury stock;	143335

(i) Proceeds received on the account of payments from	143336
insurance policies, except those proceeds received for the loss of	143337
business revenue;	143338

(j) Gifts or charitable contributions received; membership	143339
dues received by trade, professional, homeowners', or condominium	143340
associations; and payments received for educational courses,	143341
meetings, meals, or similar payments to a trade, professional, or	143342
other similar association; and fundraising receipts received by	143343
any person when any excess receipts are donated or used	143344
exclusively for charitable purposes;	143345

(k) Damages received as the result of litigation in excess of	143346
amounts that, if received without litigation, would be gross	143347
receipts;	143348

(l) Property, money, and other amounts received or acquired	143349
by an agent on behalf of another in excess of the agent's	143350
commission, fee, or other remuneration;	143351

(m) Tax refunds, other tax benefit recoveries, and	143352
reimbursements for the tax imposed under this chapter made by	143353
entities that are part of the same combined taxpayer or	143354
consolidated elected taxpayer group, and reimbursements made by	143355
entities that are not members of a combined taxpayer or	143356
consolidated elected taxpayer group that are required to be made	143357
for economic parity among multiple owners of an entity whose tax	143358
obligation under this chapter is required to be reported and paid	143359
entirely by one owner, pursuant to the requirements of sections	143360
5751.011 and 5751.012 of the Revised Code;	143361

(n) Pension reversions;

143362

(o) Contributions to capital;

143363

(p) Sales or use taxes collected as a vendor or an	143364
out-of-state seller on behalf of the taxing jurisdiction from a	143365
consumer or other taxes the taxpayer is required by law to collect	143366
directly from a purchaser and remit to a local, state, or federal	143367
tax authority;	143368

(q) In the case of receipts from the sale of cigarettes or	143369
tobacco products by a wholesale dealer, retail dealer,	143370
distributor, manufacturer, or seller, all as defined in section	143371
5743.01 of the Revised Code, an amount equal to the federal and	143372
state excise taxes paid by any person on or for such cigarettes or	143373
tobacco products under subtitle E of the Internal Revenue Code or	143374
Chapter 5743. of the Revised Code;	143375

(r) ~~In the case of receipts from the sale of motor fuel by a~~	143376
~~licensed motor fuel dealer, licensed retail dealer, or licensed~~	143377
~~permissive motor fuel dealer, all as defined in section 5735.01 of~~	143378
~~the Revised Code, an amount equal to federal and state excise~~	143379
~~taxes paid by any person on such motor fuel under section 4081 of~~	143380
~~the Internal Revenue Code or Chapter 5735.~~Receipts from the sale,	143381
transfer, exchange, or other disposition of motor fuel as "motor	143382
fuel" is defined in section 5736.01 of the Revised Code;	143383

(s) In the case of receipts from the sale of beer or	143384
intoxicating liquor, as defined in section 4301.01 of the Revised	143385
Code, by a person holding a permit issued under Chapter 4301. or	143386
4303. of the Revised Code, an amount equal to federal and state	143387
excise taxes paid by any person on or for such beer or	143388
intoxicating liquor under subtitle E of the Internal Revenue Code	143389
or Chapter 4301. or 4305. of the Revised Code;	143390

(t) Receipts realized by a new motor vehicle dealer or used	143391
motor vehicle dealer, as defined in section 4517.01 of the Revised	143392
Code, from the sale or other transfer of a motor vehicle, as	143393
defined in that section, to another motor vehicle dealer for the	143394
purpose of resale by the transferee motor vehicle dealer, but only	143395
if the sale or other transfer was based upon the transferee's need	143396
to meet a specific customer's preference for a motor vehicle;	143397

(u) Receipts from a financial institution described in	143398
division (E)(3) of this section for services provided to the	143399
financial institution in connection with the issuance, processing,	143400
servicing, and management of loans or credit accounts, if such	143401
financial institution and the recipient of such receipts have at	143402
least fifty per cent of their ownership interests owned or	143403
controlled, directly or constructively through related interests,	143404
by common owners;	143405

(v) Receipts realized from administering anti-neoplastic	143406
drugs and other cancer chemotherapy, biologicals, therapeutic	143407
agents, and supportive drugs in a physician's office to patients	143408
with cancer;	143409

(w) Funds received or used by a mortgage broker that is not a	143410
dealer in intangibles, other than fees or other consideration,	143411
pursuant to a table-funding mortgage loan or warehouse-lending	143412
mortgage loan. Terms used in division (F)(2)(w) of this section	143413
have the same meanings as in section 1322.01 of the Revised Code,	143414
except "mortgage broker" means a person assisting a buyer in	143415
obtaining a mortgage loan for a fee or other consideration paid by	143416
the buyer or a lender, or a person engaged in table-funding or	143417
warehouse-lending mortgage loans that are first lien mortgage	143418
loans.	143419

(x) Property, money, and other amounts received by a	143420
professional employer organization, as defined in section 4125.01	143421
of the Revised Code, from a client employer, as defined in that	143422
section, in excess of the administrative fee charged by the	143423
professional employer organization to the client employer;	143424

(y) In the case of amounts retained as commissions by a	143425
permit holder under Chapter 3769. of the Revised Code, an amount	143426
equal to the amounts specified under that chapter that must be	143427
paid to or collected by the tax commissioner as a tax and the	143428
amounts specified under that chapter to be used as purse money;	143429

(z) Qualifying distribution center receipts.

143430

(i) For purposes of division (F)(2)(z) of this section:

143431

(I) "Qualifying distribution center receipts" means receipts	143432
of a supplier from qualified property that is delivered to a	143433
qualified distribution center, multiplied by a quantity that	143434
equals one minus the Ohio delivery percentage. If the qualified	143435
distribution center is a refining facility, "supplier" includes	143436
all dealers, brokers, processors, sellers, vendors, cosigners, and	143437
distributors of qualified property.	143438

(II) "Qualified property" means tangible personal property	143439
delivered to a qualified distribution center that is shipped to	143440
that qualified distribution center solely for further shipping by	143441
the qualified distribution center to another location in this	143442
state or elsewhere or, in the case of gold, silver, platinum, or	143443
palladium delivered to a refining facility solely for refining to	143444
a grade and fineness acceptable for delivery to a registered	143445
commodities exchange. "Further shipping" includes storing and	143446
repackaging property into smaller or larger bundles, so long as	143447
the property is not subject to further manufacturing or	143448
processing. "Refining" is limited to extracting impurities from	143449
gold, silver, platinum, or palladium through smelting or some	143450
other process at a refining facility.	143451

(III) "Qualified distribution center" means a warehouse, a	143452
facility similar to a warehouse, or a refining facility in this	143453
state that, for the qualifying year, is operated by a person that	143454
is not part of a combined taxpayer group and that has a qualifying	143455
certificate. All warehouses or facilities similar to warehouses	143456
that are operated by persons in the same taxpayer group and that	143457
are located within one mile of each other shall be treated as one	143458
qualified distribution center. All refining facilities that are	143459
operated by persons in the same taxpayer group and that are	143460
located in the same or adjacent counties may be treated as one	143461
qualified distribution center.	143462

(IV) "Qualifying year" means the calendar year to which the	143463
qualifying certificate applies.	143464

(V) "Qualifying period" means the period of the first day of	143465
July of the second year preceding the qualifying year through the	143466
thirtieth day of June of the year preceding the qualifying year.	143467

(VI) "Qualifying certificate" means the certificate issued by	143468
the tax commissioner after the operator of a distribution center	143469
files an annual application with the commissioner. The application	143470
and annual fee shall be filed and paid for each qualified	143471
distribution center on or before the first day of September before	143472
the qualifying year or within forty-five days after the	143473
distribution center opens, whichever is later.	143474

The applicant must substantiate to the commissioner's	143475
satisfaction that, for the qualifying period, all persons	143476
operating the distribution center have more than fifty per cent of	143477
the cost of the qualified property shipped to a location such that	143478
it would be sitused outside this state under the provisions of	143479
division (E) of section 5751.033 of the Revised Code. The	143480
applicant must also substantiate that the distribution center	143481
cumulatively had costs from its suppliers equal to or exceeding	143482
five hundred million dollars during the qualifying period. (For	143483
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	143484
excludes any person that is part of the consolidated elected	143485
taxpayer group, if applicable, of the operator of the qualified	143486
distribution center.) The commissioner may require the applicant	143487
to have an independent certified public accountant certify that	143488
the calculation of the minimum thresholds required for a qualified	143489
distribution center by the operator of a distribution center has	143490
been made in accordance with generally accepted accounting	143491
principles. The commissioner shall issue or deny the issuance of a	143492
certificate within sixty days after the receipt of the	143493
application. A denial is subject to appeal under section 5717.02	143494
of the Revised Code. If the operator files a timely appeal under	143495
section 5717.02 of the Revised Code, the operator shall be granted	143496
a qualifying certificate~~, provided that~~effective for the	143497
remainder of the qualifying year or until the appeal is finalized,	143498
whichever is earlier. If the operator ~~is liable for any tax,~~	143499
~~interest, or penalty upon amounts claimed as qualifying~~	143500
~~distribution center receipts, other than those receipts exempt~~	143501
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	143502
~~that would have otherwise not been owed by its suppliers if the~~	143503
~~qualifying certificate was valid~~does not prevail in the appeal,	143504
the operator shall pay the ineligible operator's supplier tax	143505
liability.	143506

(VII) "Ohio delivery percentage" means the proportion of the	143507
total property delivered to a destination inside Ohio from the	143508
qualified distribution center during the qualifying period	143509
compared with total deliveries from such distribution center	143510
everywhere during the qualifying period.	143511

(VIII) "Refining facility" means one or more buildings	143512
located in a county in the Appalachian region of this state as	143513
defined by section 107.21 of the Revised Code and utilized for	143514
refining or smelting gold, silver, platinum, or palladium to a	143515
grade and fineness acceptable for delivery to a registered	143516
commodities exchange.	143517

(IX) "Registered commodities exchange" means a board of	143518
trade, such as New York mercantile exchange, inc. or commodity	143519
exchange, inc., designated as a contract market by the commodity	143520
futures trading commission under the "Commodity Exchange Act," 7	143521
U.S.C. 1 et seq., as amended.	143522

(X) "Ineligible operator's supplier tax liability" means an	143523
amount equal to the tax liability of all suppliers of a	143524
distribution center had the distribution center not been issued a	143525
qualifying certificate for the qualifying year. Ineligible	143526
operator's supplier tax liability shall not include interest or	143527
penalties. The tax commissioner shall determine an ineligible	143528
operator's supplier tax liability based on information that the	143529
commissioner may request from the operator of the distribution	143530
center. An operator shall provide a list of all suppliers of the	143531
distribution center and the corresponding costs of qualified	143532
property for the qualifying year at issue within sixty days of a	143533
request by the commissioner under this division.	143534

(ii)(I) If the distribution center is new and was not open	143535
for the entire qualifying period, the operator of the distribution	143536
center may request that the commissioner grant a qualifying	143537
certificate. If the certificate is granted and it is later	143538
determined that more than fifty per cent of the qualified property	143539
during that year was not shipped to a location such that it would	143540
be sitused outside of this state under the provisions of division	143541
(E) of section 5751.033 of the Revised Code or if it is later	143542
determined that the person that operates the distribution center	143543
had average monthly costs from its suppliers of less than forty	143544
million dollars during that year, then the operator of the	143545
distribution center shall pay ~~a penalty for that year equal to~~	143546
~~five hundred thousand dollars~~the ineligible operator's supplier	143547
tax liability. (For purposes of division (F)(2)(z)(ii) of this	143548
section, "supplier" excludes any person that is part of the	143549
consolidated elected taxpayer group, if applicable, of the	143550
operator of the qualified distribution center.)	143551

(II) The commissioner may grant a qualifying certificate to a	143552
distribution center that does not qualify as a qualified	143553
distribution center for an entire qualifying period if the	143554
operator of the distribution center demonstrates that the business	143555
operations of the distribution center have changed or will change	143556
such that the distribution center will qualify as a qualified	143557
distribution center within thirty-six months after the date the	143558
operator first applies for a certificate. If, at the end of that	143559
thirty-six-month period, the business operations of the	143560
distribution center have not changed such that the distribution	143561
center qualifies as a qualified distribution center, the operator	143562
of the distribution center shall pay ~~a penalty equal to five~~	143563
~~hundred thousand dollars~~the ineligible operator's supplier tax	143564
liability for each year that the distribution center received a	143565
certificate but did not qualify as a qualified distribution	143566
center. For each year the distribution center receives a	143567
certificate under division (F)(2)(z)(ii)(II) of this section, the	143568
distribution center shall pay all applicable fees required under	143569
division (F)(2)(z) of this section and shall submit an updated	143570
business plan showing the progress the distribution center made	143571
toward qualifying as a qualified distribution center during the	143572
preceding year.	143573

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	143574
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	143575
this section that the ineligible operator is liable for the	143576
operator's supplier tax liability as a result of not qualifying as	143577
a qualified distribution center, as provided in section 5717.02 of	143578
the Revised Code.	143579

(iii) When filing an application for a qualifying certificate	143580
under division (F)(2)(z)(i)(VI) of this section, the operator of a	143581
qualified distribution center also shall provide documentation, as	143582
the commissioner requires, for the commissioner to ascertain the	143583
Ohio delivery percentage. The commissioner, upon issuing the	143584
qualifying certificate, also shall certify the Ohio delivery	143585
percentage. The operator of the qualified distribution center may	143586
appeal the commissioner's certification of the Ohio delivery	143587
percentage in the same manner as an appeal is taken from the	143588
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	143589
of this section.	143590

~~Within thirty days after all appeals have been exhausted, the~~	143591
~~operator of the qualified distribution center shall provide the~~	143592
~~commissioner with a list of all affected suppliers of qualified~~	143593
~~property. The commissioner shall notify all such suppliers that~~	143594
~~the suppliers are required to file, within sixty days after~~	143595
~~receiving the notice, amended reports for the affected calendar~~	143596
~~quarter or quarters or calendar year, whichever the case may be.~~	143597
~~Any additional tax liability or tax overpayment shall be subject~~	143598
~~to interest but shall not be subject to the imposition of any~~	143599
~~penalty so long as the amended returns are timely filed. The~~	143600
~~supplier of tangible personal property delivered to the qualified~~	143601
~~distribution center shall include in its report of taxable gross~~	143602
~~receipts the receipts from the total sales of property delivered~~	143603
~~to the qualified distribution center for the calendar quarter or~~	143604
~~calendar year, whichever the case may be, multiplied by the Ohio~~	143605
~~delivery percentage for the qualifying year. Nothing in division~~	143606
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	143607
~~liability on the operator of a qualified distribution center for~~	143608
~~the tax imposed by this chapter arising from any change to the~~	143609
~~Ohio delivery percentage.~~	143610

(iv)(I) In the case where the distribution center is new and	143611
not open for the entire qualifying period, the operator shall make	143612
a good faith estimate of an Ohio delivery percentage for use by	143613
suppliers in their reports of taxable gross receipts for the	143614
remainder of the qualifying period. The operator of the facility	143615
shall disclose to the suppliers that such Ohio delivery percentage	143616
is an estimate and is subject to recalculation. By the due date of	143617
the next application for a qualifying certificate, the operator	143618
shall determine the actual Ohio delivery percentage for the	143619
estimated qualifying period and proceed as provided in division	143620
(F)(2)(z)(iii) of this section with respect to the calculation and	143621
recalculation of the Ohio delivery percentage. The supplier is	143622
required to file, within sixty days after receiving notice from	143623
the operator of the qualified distribution center, amended reports	143624
for the impacted calendar quarter or quarters or calendar year,	143625
whichever the case may be. Any additional tax liability or tax	143626
overpayment shall be subject to interest but shall not be subject	143627
to the imposition of any penalty so long as the amended returns	143628
are timely filed.	143629

(II) The operator of a distribution center that receives a	143630
qualifying certificate under division (F)(2)(z)(ii)(II) of this	143631
section shall make a good faith estimate of the Ohio delivery	143632
percentage that the operator estimates will apply to the	143633
distribution center at the end of the thirty-six-month period	143634
after the operator first applied for a qualifying certificate	143635
under that division. The result of the estimate shall be	143636
multiplied by a factor of one and seventy-five one-hundredths. The	143637
product of that calculation shall be the Ohio delivery percentage	143638
used by suppliers in their reports of taxable gross receipts for	143639
each qualifying year that the distribution center receives a	143640
qualifying certificate under division (F)(2)(z)(ii)(II) of this	143641
section, except that, if the product is less than five per cent,	143642
the Ohio delivery percentage used shall be five per cent and that,	143643
if the product exceeds forty-nine per cent, the Ohio delivery	143644
percentage used shall be forty-nine per cent.	143645

(v) Qualifying certificates and Ohio delivery percentages	143646
issued by the commissioner shall be open to public inspection and	143647
shall be timely published by the commissioner. A supplier relying	143648
in good faith on a certificate issued under this division shall	143649
not be subject to tax on the qualifying distribution center	143650
receipts under division (F)(2)(z) of this section. ~~A person~~An	143651
operator receiving a qualifying certificate is liable for a	143652
~~penalty equal to five hundred thousand dollars~~the ineligible	143653
operator's supplier tax liability for each year the ~~person~~	143654
operator received a certificate ~~that should not have been issued~~	143655
~~because the statutory requirements were in fact not met~~but did	143656
not qualify as a qualified distribution center.	143657

(vi) The annual fee for a qualifying certificate shall be one	143658
hundred thousand dollars for each qualified distribution center.	143659
If a qualifying certificate is not issued, the annual fee is	143660
subject to refund after the exhaustion of all appeals provided for	143661
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	143662
~~under this division may be assessed in the same manner as the tax~~	143663
~~imposed under this chapter.~~ The first one hundred thousand dollars	143664
of the annual application fees collected each calendar year shall	143665
be credited to the revenue enhancement fund. The remainder of the	143666
annual application fees collected shall be distributed in the same	143667
manner required under section 5751.20 of the Revised Code.	143668

(vii) The tax commissioner may require that adequate security	143669
be posted by the operator of the distribution center on appeal	143670
when the commissioner disagrees that the applicant has met the	143671
minimum thresholds for a qualified distribution center as set	143672
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	143673
this section.	143674

(aa) Receipts of an employer from payroll deductions relating	143675
to the reimbursement of the employer for advancing moneys to an	143676
unrelated third party on an employee's behalf;	143677

(bb) Cash discounts allowed and taken;

143678

(cc) Returns and allowances;

143679

(dd) Bad debts from receipts on the basis of which the tax	143680
imposed by this chapter was paid in a prior quarterly tax payment	143681
period. For the purpose of this division, "bad debts" means any	143682
debts that have become worthless or uncollectible between the	143683
preceding and current quarterly tax payment periods, have been	143684
uncollected for at least six months, and that may be claimed as a	143685
deduction under section 166 of the Internal Revenue Code and the	143686
regulations adopted under that section, or that could be claimed	143687
as such if the taxpayer kept its accounts on the accrual basis.	143688
"Bad debts" does not include repossessed property, uncollectible	143689
amounts on property that remains in the possession of the taxpayer	143690
until the full purchase price is paid, or expenses in attempting	143691
to collect any account receivable or for any portion of the debt	143692
recovered;	143693

(ee) Any amount realized from the sale of an account	143694
receivable to the extent the receipts from the underlying	143695
transaction giving rise to the account receivable were included in	143696
the gross receipts of the taxpayer;	143697

(ff) Any receipts directly attributed to a transfer agreement	143698
or to the enterprise transferred under that agreement under	143699
section 4313.02 of the Revised Code.	143700

(gg)(i) As used in this division:

143701

(I) "Qualified uranium receipts" means receipts from the	143702
sale, exchange, lease, loan, production, processing, or other	143703
disposition of uranium within a uranium enrichment zone certified	143704
by the tax commissioner under division (F)(2)(gg)(ii) of this	143705
section. "Qualified uranium receipts" does not include any	143706
receipts with a situs in this state outside a uranium enrichment	143707
zone certified by the tax commissioner under division	143708
(F)(2)(gg)(ii) of this section.	143709

(II) "Uranium enrichment zone" means all real property that	143710
is part of a uranium enrichment facility licensed by the United	143711
States nuclear regulatory commission and that was or is owned or	143712
controlled by the United States department of energy or its	143713
successor.	143714

(ii) Any person that owns, leases, or operates real or	143715
tangible personal property constituting or located within a	143716
uranium enrichment zone may apply to the tax commissioner to have	143717
the uranium enrichment zone certified for the purpose of excluding	143718
qualified uranium receipts under division (F)(2)(gg) of this	143719
section. The application shall include such information that the	143720
tax commissioner prescribes. Within sixty days after receiving the	143721
application, the tax commissioner shall certify the zone for that	143722
purpose if the commissioner determines that the property qualifies	143723
as a uranium enrichment zone as defined in division (F)(2)(gg) of	143724
this section, or, if the tax commissioner determines that the	143725
property does not qualify, the commissioner shall deny the	143726
application or request additional information from the applicant.	143727
If the tax commissioner denies an application, the commissioner	143728
shall state the reasons for the denial. The applicant may appeal	143729
the denial of an application to the board of tax appeals pursuant	143730
to section 5717.02 of the Revised Code. If the applicant files a	143731
timely appeal, the tax commissioner shall conditionally certify	143732
the applicant's property. The conditional certification shall	143733
expire when all of the applicant's appeals are exhausted. Until	143734
final resolution of the appeal, the applicant shall retain the	143735
applicant's records in accordance with section 5751.12 of the	143736
Revised Code, notwithstanding any time limit on the preservation	143737
of records under that section.	143738

(hh) ~~Amounts realized by licensed motor fuel dealers or~~	143739
~~licensed permissive motor fuel dealers from the exchange of~~	143740
~~petroleum products, including motor fuel, between such dealers,~~	143741
~~provided that delivery of the petroleum products occurs at a~~	143742
~~refinery, terminal, pipeline, or marine vessel and that the~~	143743
~~exchanging dealers agree neither dealer shall require monetary~~	143744
~~compensation from the other for the value of the exchanged~~	143745
~~petroleum products other than such compensation for differences in~~	143746
~~product location or grade. Division (F)(2)(hh) of this section~~	143747
~~does not apply to amounts realized as a result of differences in~~	143748
~~location or grade of exchanged petroleum products or from~~	143749
~~handling, lubricity, dye, or other additive injections fees,~~	143750
~~pipeline security fees, or similar fees. As used in this division,~~	143751
~~"motor fuel," "licensed motor fuel dealer," "licensed permissive~~	143752
~~motor fuel dealer," and "terminal"~~ ~~have~~ the same meanings as in	143753
section 5735.01 of the Revised Code.	143754

~~(ii)~~ In the case of amounts collected by a licensed casino	143755
operator from casino gaming, amounts in excess of the casino	143756
operator's gross casino revenue. In this division, "casino	143757
operator" and "casino gaming" have the meanings defined in section	143758
3772.01 of the Revised Code, and "gross casino revenue" has the	143759
meaning defined in section 5753.01 of the Revised Code.	143760

~~(jj)~~(ii) Receipts realized from the sale of agricultural	143761
commodities by an agricultural commodity handler, both as defined	143762
in section 926.01 of the Revised Code, that is licensed by the	143763
director of agriculture to handle agricultural commodities in this	143764
state.	143765

(jj) Any receipts for which the tax imposed by this chapter	143766
is prohibited by the constitution or laws of the United States or	143767
the constitution of this state.	143768

(3) In the case of a taxpayer when acting as a real estate	143769
broker, "gross receipts" includes only the portion of any fee for	143770
the service of a real estate broker, or service of a real estate	143771
salesperson associated with that broker, that is retained by the	143772
broker and not paid to an associated real estate salesperson or	143773
another real estate broker. For the purposes of this division,	143774
"real estate broker" and "real estate salesperson" have the same	143775
meanings as in section 4735.01 of the Revised Code.	143776

(4) A taxpayer's method of accounting for gross receipts for	143777
a tax period shall be the same as the taxpayer's method of	143778
accounting for federal income tax purposes for the taxpayer's	143779
federal taxable year that includes the tax period. If a taxpayer's	143780
method of accounting for federal income tax purposes changes, its	143781
method of accounting for gross receipts under this chapter shall	143782
be changed accordingly.	143783

(G) "Taxable gross receipts" means gross receipts sitused to	143784
this state under section 5751.033 of the Revised Code.	143785

(H) A person has "substantial nexus with this state" if any	143786
of the following applies. The person:	143787

(1) Owns or uses a part or all of its capital in this state;

143788

(2) Holds a certificate of compliance with the laws of this	143789
state authorizing the person to do business in this state;	143790

(3) Has bright-line presence in this state;

143791

(4) Otherwise has nexus with this state to an extent that the	143792
person can be required to remit the tax imposed under this chapter	143793
under the Constitution of the United States.	143794

(I) A person has "bright-line presence" in this state for a	143795
reporting period and for the remaining portion of the calendar	143796
year if any of the following applies. The person:	143797

(1) Has at any time during the calendar year property in this	143798
state with an aggregate value of at least fifty thousand dollars.	143799
For the purpose of division (I)(1) of this section, owned property	143800
is valued at original cost and rented property is valued at eight	143801
times the net annual rental charge.	143802

(2) Has during the calendar year payroll in this state of at	143803
least fifty thousand dollars. Payroll in this state includes all	143804
of the following:	143805

(a) Any amount subject to withholding by the person under	143806
section 5747.06 of the Revised Code;	143807

(b) Any other amount the person pays as compensation to an	143808
individual under the supervision or control of the person for work	143809
done in this state; and	143810

(c) Any amount the person pays for services performed in this	143811
state on its behalf by another.	143812

(3) Has during the calendar year taxable gross receipts of at	143813
least five hundred thousand dollars.	143814

(4) Has at any time during the calendar year within this	143815
state at least twenty-five per cent of the person's total	143816
property, total payroll, or total gross receipts.	143817

(5) Is domiciled in this state as an individual or for	143818
corporate, commercial, or other business purposes.	143819

(J) "Tangible personal property" has the same meaning as in	143820
section 5739.01 of the Revised Code.	143821

(K) "Internal Revenue Code" means the Internal Revenue Code	143822
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	143823
this chapter that is not otherwise defined has the same meaning as	143824
when used in a comparable context in the laws of the United States	143825
relating to federal income taxes unless a different meaning is	143826
clearly required. Any reference in this chapter to the Internal	143827
Revenue Code includes other laws of the United States relating to	143828
federal income taxes.	143829

(L) "Calendar quarter" means a three-month period ending on	143830
the thirty-first day of March, the thirtieth day of June, the	143831
thirtieth day of September, or the thirty-first day of December.	143832

(M) "Tax period" means the calendar quarter or calendar year	143833
on the basis of which a taxpayer is required to pay the tax	143834
imposed under this chapter.	143835

(N) "Calendar year taxpayer" means a taxpayer for which the	143836
tax period is a calendar year.	143837

(O) "Calendar quarter taxpayer" means a taxpayer for which	143838
the tax period is a calendar quarter.	143839

(P) "Agent" means a person authorized by another person to	143840
act on its behalf to undertake a transaction for the other,	143841
including any of the following:	143842

(1) A person receiving a fee to sell financial instruments;

143843

(2) A person retaining only a commission from a transaction	143844
with the other proceeds from the transaction being remitted to	143845
another person;	143846

(3) A person issuing licenses and permits under section	143847
1533.13 of the Revised Code;	143848

(4) A lottery sales agent holding a valid license issued	143849
under section 3770.05 of the Revised Code;	143850

(5) A person acting as an agent of the division of liquor	143851
control under section 4301.17 of the Revised Code.	143852

(Q) "Received" includes amounts accrued under the accrual	143853
method of accounting.	143854

(R) "Reporting person" means a person in a consolidated	143855
elected taxpayer or combined taxpayer group that is designated by	143856
that group to legally bind the group for all filings and tax	143857
liabilities and to receive all legal notices with respect to	143858
matters under this chapter, or, for the purposes of section	143859
5751.04 of the Revised Code, a separate taxpayer that is not a	143860
member of such a group.	143861

Sec. 5751.02. (A) For the purpose of funding the needs of	143862
this state and its local governments ~~and providing revenue to the~~	143863
~~commercial activity tax motor fuel receipts fund~~, there is hereby	143864
levied a commercial activity tax on each person with taxable gross	143865
receipts for the privilege of doing business in this state. For	143866
the purposes of this chapter, "doing business" means engaging in	143867
any activity, whether legal or illegal, that is conducted for, or	143868
results in, gain, profit, or income, at any time during a calendar	143869
year. Persons on which the commercial activity tax is levied	143870
include, but are not limited to, persons with substantial nexus	143871
with this state. The tax imposed under this section is not a	143872
transactional tax and is not subject to Public Law No. 86-272, 73	143873
Stat. 555. The tax imposed under this section is in addition to	143874
any other taxes or fees imposed under the Revised Code. The tax	143875
levied under this section is imposed on the person receiving the	143876
gross receipts and is not a tax imposed directly on a purchaser.	143877
The tax imposed by this section is an annual privilege tax for the	143878
calendar year that, in the case of calendar year taxpayers, is the	143879
annual tax period and, in the case of calendar quarter taxpayers,	143880
contains all quarterly tax periods in the calendar year. A	143881
taxpayer is subject to the annual privilege tax for doing business	143882
during any portion of such calendar year.	143883

(B) The tax imposed by this section is a tax on the taxpayer	143884
and shall not be billed or invoiced to another person. Even if the	143885
tax or any portion thereof is billed or invoiced and separately	143886
stated, such amounts remain part of the price for purposes of the	143887
sales and use taxes levied under Chapters 5739. and 5741. of the	143888
Revised Code. Nothing in division (B) of this section prohibits:	143889

(1) A person from including in the price charged for a good	143890
or service an amount sufficient to recover the tax imposed by this	143891
section; or	143892

(2) A lessor from including an amount sufficient to recover	143893
the tax imposed by this section in a lease payment charged, or	143894
from including such an amount on a billing or invoice pursuant to	143895
the terms of a written lease agreement providing for the recovery	143896
of the lessor's tax costs. The recovery of such costs shall be	143897
based on an estimate of the total tax cost of the lessor during	143898
the tax period, as the tax liability of the lessor cannot be	143899
calculated until the end of that period.	143900

Sec. 5751.051. (A)(1) Not later than the tenth day of the	143901
second month after the end of each calendar quarter, every	143902
taxpayer other than a calendar year taxpayer shall file with the	143903
tax commissioner a tax return in such form as the commissioner	143904
prescribes. The return shall include, but is not limited to, the	143905
amount of the taxpayer's taxable gross receipts for the calendar	143906
quarter and shall indicate the amount of tax due under section	143907
5751.03 of the Revised Code for the calendar quarter. ~~The taxpayer~~	143908
~~shall indicate on the return the portion of the taxpayer's~~	143909
~~receipts attributable to motor fuel used for propelling vehicles~~	143910
~~on public highways.~~	143911

(2)(a) Subject to division (C) of section 5751.05 of the	143912
Revised Code, a calendar quarter taxpayer shall report the taxable	143913
gross receipts for that calendar quarter.	143914

(b) With respect to taxable gross receipts incorrectly	143915
reported in a calendar quarter that has a lower tax rate, the tax	143916
shall be computed at the tax rate in effect for the quarterly	143917
return in which such receipts should have been reported. Nothing	143918
in division (A)(2)(b) of this section prohibits a taxpayer from	143919
filing an application for refund under section 5751.08 of the	143920
Revised Code with regard to the incorrect reporting of taxable	143921
gross receipts discovered after filing the annual return described	143922
in division (A)(3) of this section.	143923

A tax return shall not be deemed to be an incorrect reporting	143924
of taxable gross receipts for the purposes of division (A)(2)(b)	143925
of this section if the return reflects between ninety-five and one	143926
hundred five per cent of the actual taxable gross receipts for the	143927
calendar quarter.	143928

(3) For the purposes of division (A)(2)(b) of this section,	143929
the tax return filed for the fourth calendar quarter of a calendar	143930
year is the annual return for the privilege tax imposed by this	143931
chapter. Such return shall report any additional taxable gross	143932
receipts not previously reported in the calendar year and shall	143933
adjust for any over-reported taxable gross receipts in the	143934
calendar year. If the taxpayer ceases to be a taxpayer before the	143935
end of the calendar year, the last return the taxpayer is required	143936
to file shall be the annual return for the taxpayer and the	143937
taxpayer shall report any additional taxable gross receipts not	143938
previously reported in the calendar year and shall adjust for any	143939
over-reported taxable gross receipts in the calendar year.	143940
~~Taxpayers reporting taxable gross receipts attributable to motor~~	143941
~~fuel used for propelling vehicles on public highways may not~~	143942
~~utilize the statutory estimation procedure provided in divisions~~	143943
~~(A)(2) and (3) of this section.~~	143944

(4) Because the tax imposed by this chapter is a privilege	143945
tax, the tax rate with respect to taxable gross receipts for a	143946
calendar quarter is not fixed until the end of the measurement	143947
period for each calendar quarter. Subject to division (A)(2)(b) of	143948
this section, the total amount of taxable gross receipts reported	143949
for a given calendar quarter shall be subject to the tax rate in	143950
effect in that quarter.	143951

(5) Not later than the tenth day of May following the end of	143952
each calendar year, every calendar year taxpayer shall file with	143953
the tax commissioner a tax return in such form as the commissioner	143954
prescribes. The return shall include, but is not limited to, the	143955
amount of the taxpayer's taxable gross receipts for the calendar	143956
year and shall indicate the amount of tax due under section	143957
5751.03 of the Revised Code for the calendar year. ~~The taxpayer~~	143958
~~shall indicate on the return the portion of the taxpayer's~~	143959
~~receipts attributable to motor fuel used for propelling vehicles~~	143960
~~on public highways.~~	143961

(B)(1) A person that first becomes subject to the tax imposed	143962
under this chapter shall pay the minimum tax imposed under	143963
division (B) of section 5751.03 of the Revised Code on or before	143964
the day the return is required to be filed for that quarter under	143965
division (A)(1) of this section, regardless of whether the person	143966
registers as a calendar year taxpayer under section 5751.05 of the	143967
Revised Code.	143968

(2) The amount of the minimum tax for a person subject to	143969
division (B)(1) of this section shall be reduced to seventy-five	143970
dollars if the registration is timely filed after the first day of	143971
May and before the first day of January of the following calendar	143972
year.	143973

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	143974
~~calendar quarter~~under this chapter shall remit each tax payment,	143975
and, if required by the tax commissioner, file the tax return or	143976
the annual report, electronically. The commissioner may require	143977
taxpayers to use the Ohio business gateway as defined in section	143978
718.051 of the Revised Code to file returns and remit the tax, or	143979
may provide another means for taxpayers to file and remit the tax	143980
electronically.	143981

(B) A person required by this section to remit taxes or file	143982
returns electronically may apply to the tax commissioner, on the	143983
form prescribed by the commissioner, to be excused from that	143984
requirement. The commissioner may excuse a person from the	143985
requirements of this division for good cause.	143986

(C)(1) If a person required to remit taxes or file a return	143987
electronically under this section fails to do so, the commissioner	143988
may impose a penalty not to exceed the following:	143989

(a) For either of the first two ~~calendar quarters~~tax periods	143990
the person so fails, the greater of twenty-five dollars or five	143991
per cent of the amount of the payment that was required to be	143992
remitted;	143993

(b) For the third and any subsequent ~~calendar quarters~~tax	143994
periods the person so fails, the greater of fifty dollars or ten	143995
per cent of the amount of the payment that was required to be	143996
remitted.	143997

(2) The penalty imposed under division (C)(1) of this section	143998
is in addition to any other penalty imposed under this chapter and	143999
shall be considered as revenue arising from the tax imposed under	144000
this chapter. A penalty may be collected by assessment in the	144001
manner prescribed by section 5751.09 of the Revised Code. The tax	144002
commissioner may abate all or a portion of such a penalty.	144003

(D) The tax commissioner may adopt rules necessary to	144004
administer this section.	144005

Sec. 5751.081. As used in this section, "debt to this state"	144006
means unpaid taxes due the state, unpaid workers' compensation	144007
premiums due under section 4123.35 of the Revised Code, unpaid	144008
unemployment compensation contributions due under section 4141.25	144009
of the Revised Code, unpaid unemployment compensation payment in	144010
lieu of contribution under section 4141.241 of the Revised Code,	144011
unpaid ~~fee~~fees payable to the state or to the clerk of courts	144012
pursuant to section 4505.06 of the Revised Code, incorrect ~~medical~~	144013
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	144014
~~the Revised Code~~the medicaid program, or any unpaid charge,	144015
penalty, or interest arising from any of the foregoing.	144016

If a taxpayer entitled to a refund under section 5751.08 of	144017
the Revised Code owes any debt to this state, the amount	144018
refundable may be applied in satisfaction of the debt. If the	144019
amount refundable is less than the amount of the debt, it may be	144020
applied in partial satisfaction of the debt. If the amount	144021
refundable is greater than the amount of the debt, the amount	144022
remaining after satisfaction of the debt shall be refunded. This	144023
section applies only to debts that have become final. For the	144024
purposes of this section, a debt becomes final when, under the	144025
applicable law, any time provided for petition for reassessment,	144026
request for reconsideration, or other appeal of the legality or	144027
validity of the amount giving rise to the debt expires without an	144028
appeal having been filed in the manner provided by law.	144029

Sec. 5751.09. (A) The tax commissioner may make an	144030
assessment, based on any information in the commissioner's	144031
possession, against any person that fails to file a return or pay	144032
any tax as required by this chapter. The commissioner shall give	144033
the person assessed written notice of the assessment as provided	144034
in section 5703.37 of the Revised Code. With the notice, the	144035
commissioner shall provide instructions on the manner in which to	144036
petition for reassessment and request a hearing with respect to	144037
the petition. The commissioner shall send any assessments against	144038
consolidated elected taxpayer and combined taxpayer groups under	144039
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	144040
"reporting person" as defined under division (R) of section	144041
5751.01 of the Revised Code. The reporting person shall notify all	144042
members of the group of the assessment and all outstanding taxes,	144043
interest, and penalties for which the assessment is issued.	144044

(B) Unless the person assessed, within sixty days after	144045
service of the notice of assessment, files with the tax	144046
commissioner, either personally or by certified mail, a written	144047
petition signed by the person or the person's authorized agent	144048
having knowledge of the facts, the assessment becomes final, and	144049
the amount of the assessment is due and payable from the person	144050
assessed to the treasurer of state. The petition shall indicate	144051
the objections of the person assessed, but additional objections	144052
may be raised in writing if received by the commissioner prior to	144053
the date shown on the final determination.	144054

If a petition for reassessment has been properly filed, the	144055
commissioner shall proceed under section 5703.60 of the Revised	144056
Code.	144057

(C)(1) After an assessment becomes final, if any portion of	144058
the assessment, including accrued interest, remains unpaid, a	144059
certified copy of the tax commissioner's entry making the	144060
assessment final may be filed in the office of the clerk of the	144061
court of common pleas in the county in which the person resides or	144062
has its principal place of business in this state, or in the	144063
office of the clerk of court of common pleas of Franklin county.	144064

(2) Immediately upon the filing of the entry, the clerk shall	144065
enter judgment for the state against the person assessed in the	144066
amount shown on the entry. The judgment may be filed by the clerk	144067
in a loose-leaf book entitled, "special judgments for the	144068
commercial activity tax" and shall have the same effect as other	144069
judgments. Execution shall issue upon the judgment at the request	144070
of the tax commissioner, and all laws applicable to sales on	144071
execution shall apply to sales made under the judgment.	144072

(3) ~~The portion of~~If the assessment is not paid in its	144073
entirety within sixty days after the day the assessment was	144074
issued, the portion of the assessment consisting of tax due shall	144075
bear interest at the rate per annum prescribed by section 5703.47	144076
of the Revised Code from the day the tax commissioner issues the	144077
assessment until it is paid or until it is certified to the	144078
attorney general for collection under section 131.02 of the	144079
Revised Code, whichever comes first. If the unpaid portion of the	144080
assessment is certified to the attorney general for collection,	144081
the entire unpaid portion of the assessment shall bear interest at	144082
the rate per annum prescribed by section 5703.47 of the Revised	144083
Code from the date of certification until the date it is paid in	144084
its entirety. Interest shall be paid in the same manner as the tax	144085
and may be collected by the issuance of an assessment under this	144086
section.	144087

(D) If the tax commissioner believes that collection of the	144088
tax will be jeopardized unless proceedings to collect or secure	144089
collection of the tax are instituted without delay, the	144090
commissioner may issue a jeopardy assessment against the person	144091
liable for the tax. Immediately upon the issuance of the jeopardy	144092
assessment, the commissioner shall file an entry with the clerk of	144093
the court of common pleas in the manner prescribed by division (C)	144094
of this section. Notice of the jeopardy assessment shall be served	144095
on the person assessed or the person's authorized agent in the	144096
manner provided in section 5703.37 of the Revised Code within five	144097
days of the filing of the entry with the clerk. The total amount	144098
assessed is immediately due and payable, unless the person	144099
assessed files a petition for reassessment in accordance with	144100
division (B) of this section and provides security in a form	144101
satisfactory to the commissioner and in an amount sufficient to	144102
satisfy the unpaid balance of the assessment. Full or partial	144103
payment of the assessment does not prejudice the commissioner's	144104
consideration of the petition for reassessment.	144105

(E) The tax commissioner shall immediately forward to the	144106
treasurer of state all amounts the commissioner receives under	144107
this section, and such amounts shall be considered as revenue	144108
arising from the tax imposed under this chapter.	144109

(F) Except as otherwise provided in this division, no	144110
assessment shall be made or issued against a taxpayer for the tax	144111
imposed under this chapter more than four years after the due date	144112
for the filing of the return for the tax period for which the tax	144113
was reported, or more than four years after the return for the tax	144114
period was filed, whichever is later. The time limit may be	144115
extended if both the taxpayer and the commissioner consent in	144116
writing to the extension or enter into an agreement waiving or	144117
extending the time limit. Any such extension shall extend the	144118
four-year time limit in division (B) of section 5751.08 of the	144119
Revised Code for the same period of time. Nothing in this division	144120
bars an assessment against a taxpayer that fails to file a return	144121
required by this chapter or that files a fraudulent return.	144122

(G) If the tax commissioner possesses information that	144123
indicates that the amount of tax a taxpayer is required to pay	144124
under this chapter exceeds the amount the taxpayer paid, the tax	144125
commissioner may audit a sample of the taxpayer's gross receipts	144126
over a representative period of time to ascertain the amount of	144127
tax due, and may issue an assessment based on the audit. The tax	144128
commissioner shall make a good faith effort to reach agreement	144129
with the taxpayer in selecting a representative sample. The tax	144130
commissioner may apply a sampling method only if the commissioner	144131
has prescribed the method by rule.	144132

(H) If the whereabouts of a person subject to this chapter is	144133
not known to the tax commissioner, the commissioner shall follow	144134
the procedures under section 5703.37 of the Revised Code.	144135

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	144136
the Revised Code:	144137

(1) "School district," "joint vocational school district,"	144138
"local taxing unit," "recognized valuation," "fixed-rate levy,"	144139
and "fixed-sum levy" have the same meanings as used in section	144140
5727.84 of the Revised Code.	144141

(2) "State education aid" for a school district means the	144142
following:	144143

(a) For fiscal years prior to fiscal year 2010, the sum of	144144
state aid amounts computed for the district under the following	144145
provisions, as they existed for the applicable fiscal year:	144146
division (A) of section 3317.022 of the Revised Code, including	144147
the amounts calculated under ~~sections~~former section 3317.029 and	144148
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	144149
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	144150
of section 3317.023; divisions (L) and (N) of section 3317.024;	144151
section 3317.0216; and any unit payments for gifted student	144152
services paid under ~~sections~~section 3317.05,and former sections	144153
3317.052, and 3317.053 of the Revised Code; except that, for	144154
fiscal years 2008 and 2009, the amount computed for the district	144155
under Section 269.20.80 of H.B. 119 of the 127th general assembly	144156
and as that section subsequently may be amended shall be	144157
substituted for the amount computed under division (D) of section	144158
3317.022 of the Revised Code, and the amount computed under	144159
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	144160
that section subsequently may be amended shall be included.	144161

(b) For fiscal years 2010 and 2011, the sum of the amounts	144162
computed under former sections 3306.052, 3306.12, 3306.13,	144163
3306.19, 3306.191, and 3306.192 of the Revised Code;	144164

(c) For fiscal years 2012 and 2013, the sum of the amounts	144165
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	144166
153 of the 129th general assembly;	144167

(d) For fiscal year 2014 and each fiscal year thereafter, the	144168
sum of state amounts computed for the district under section	144169
3317.022 of the Revised Code; except that, for fiscal years 2014	144170
and 2015, the amount computed for the district under the section	144171
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	144172
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	144173

(3) "State education aid" for a joint vocational school	144174
district means the following:	144175

(a) For fiscal years prior to fiscal year 2010, the sum of	144176
the state aid computed for the district under division (N) of	144177
section 3317.024 and former section 3317.16 of the Revised Code,	144178
except that, for fiscal years 2008 and 2009, the amount computed	144179
under Section 269.30.80 of H.B. 119 of the 127th general assembly	144180
and as that section subsequently may be amended shall be included.	144181

(b) For fiscal years 2010 and 2011, the amount paid in	144182
accordance with Section 265.30.50 of H.B. 1 of the 128th general	144183
assembly.	144184

(c) For fiscal years 2012 and 2013, the amount paid in	144185
accordance with Section 267.30.60 of H.B. 153 of the 129th general	144186
assembly.	144187

(d) For fiscal year 2014 and each fiscal year thereafter, the	144188
amount computed for the district under section 3317.16 of the	144189
Revised Code; except that, for fiscal years 2014 and 2015, the	144190
amount computed for the district under the section of this act	144191
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	144192
shall be included.	144193

(4) "State education aid offset" means the amount determined	144194
for each school district or joint vocational school district under	144195
division (A)(1) of section 5751.21 of the Revised Code.	144196

(5) "Machinery and equipment property tax value loss" means	144197
the amount determined under division (C)(1) of this section.	144198

(6) "Inventory property tax value loss" means the amount	144199
determined under division (C)(2) of this section.	144200

(7) "Furniture and fixtures property tax value loss" means	144201
the amount determined under division (C)(3) of this section.	144202

(8) "Machinery and equipment fixed-rate levy loss" means the	144203
amount determined under division (D)(1) of this section.	144204

(9) "Inventory fixed-rate levy loss" means the amount	144205
determined under division (D)(2) of this section.	144206

(10) "Furniture and fixtures fixed-rate levy loss" means the	144207
amount determined under division (D)(3) of this section.	144208

(11) "Total fixed-rate levy loss" means the sum of the	144209
machinery and equipment fixed-rate levy loss, the inventory	144210
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	144211
loss, and the telephone company fixed-rate levy loss.	144212

(12) "Fixed-sum levy loss" means the amount determined under	144213
division (E) of this section.	144214

(13) "Machinery and equipment" means personal property	144215
subject to the assessment rate specified in division (F) of	144216
section 5711.22 of the Revised Code.	144217

(14) "Inventory" means personal property subject to the	144218
assessment rate specified in division (E) of section 5711.22 of	144219
the Revised Code.	144220

(15) "Furniture and fixtures" means personal property subject	144221
to the assessment rate specified in division (G) of section	144222
5711.22 of the Revised Code.	144223

(16) "Qualifying levies" are levies in effect for tax year	144224
2004 or applicable to tax year 2005 or approved at an election	144225
conducted before September 1, 2005. For the purpose of determining	144226
the rate of a qualifying levy authorized by section 5705.212 or	144227
5705.213 of the Revised Code, the rate shall be the rate that	144228
would be in effect for tax year 2010.	144229

(17) "Telephone property" means tangible personal property of	144230
a telephone, telegraph, or interexchange telecommunications	144231
company subject to an assessment rate specified in section	144232
5727.111 of the Revised Code in tax year 2004.	144233

(18) "Telephone property tax value loss" means the amount	144234
determined under division (C)(4) of this section.	144235

(19) "Telephone property fixed-rate levy loss" means the	144236
amount determined under division (D)(4) of this section.	144237

(20) "Taxes charged and payable" means taxes charged and	144238
payable after the reduction required by section 319.301 of the	144239
Revised Code but before the reductions required by sections	144240
319.302 and 323.152 of the Revised Code.	144241

(21) "Median estate tax collections" means, in the case of a	144242
municipal corporation to which revenue from the taxes levied in	144243
Chapter 5731. of the Revised Code was distributed in each of	144244
calendar years 2006, 2007, 2008, and 2009, the median of those	144245
distributions. In the case of a municipal corporation to which no	144246
distributions were made in one or more of those years, "median	144247
estate tax collections" means zero.	144248

(22) "Total resources," in the case of a school district,	144249
means the sum of the amounts in divisions (A)(22)(a) to (h) of	144250
this section less any reduction required under division (A)(32) or	144251
(33) of this section.	144252

(a) The state education aid for fiscal year 2010;

144253

(b) The sum of the payments received by the school district	144254
in fiscal year 2010 for current expense levy losses pursuant to	144255
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	144256
section 5751.21 of the Revised Code, excluding the portion of such	144257
payments attributable to levies for joint vocational school	144258
district purposes;	144259

(c) The sum of fixed-sum levy loss payments received by the	144260
school district in fiscal year 2010 pursuant to division (E)(1) of	144261
section 5727.85 and division (E)(1) of section 5751.21 of the	144262
Revised Code for fixed-sum levies charged and payable for a	144263
purpose other than paying debt charges;	144264

(d) Fifty per cent of the school district's taxes charged and	144265
payable against all property on the tax list of real and public	144266
utility property for current expense purposes for tax year 2008,	144267
including taxes charged and payable from emergency levies charged	144268
and payable under section 5709.194 of the Revised Code and	144269
excluding taxes levied for joint vocational school district	144270
purposes;	144271

(e) Fifty per cent of the school district's taxes charged and	144272
payable against all property on the tax list of real and public	144273
utility property for current expenses for tax year 2009, including	144274
taxes charged and payable from emergency levies and excluding	144275
taxes levied for joint vocational school district purposes;	144276

(f) The school district's taxes charged and payable against	144277
all property on the general tax list of personal property for	144278
current expenses for tax year 2009, including taxes charged and	144279
payable from emergency levies;	144280

(g) The amount certified for fiscal year 2010 under division	144281
(A)(2) of section 3317.08 of the Revised Code;	144282

(h) Distributions received during calendar year 2009 from	144283
taxes levied under section 718.09 of the Revised Code.	144284

(23) "Total resources," in the case of a joint vocational	144285
school district, means the sum of amounts in divisions (A)(23)(a)	144286
to (g) of this section less any reduction required under division	144287
(A)(32) of this section.	144288

(a) The state education aid for fiscal year 2010;

144289

(b) The sum of the payments received by the joint vocational	144290
school district in fiscal year 2010 for current expense levy	144291
losses pursuant to division (C)(2) of section 5727.85 and	144292
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	144293

(c) Fifty per cent of the joint vocational school district's	144294
taxes charged and payable against all property on the tax list of	144295
real and public utility property for current expense purposes for	144296
tax year 2008;	144297

(d) Fifty per cent of the joint vocational school district's	144298
taxes charged and payable against all property on the tax list of	144299
real and public utility property for current expenses for tax year	144300
2009;	144301

(e) Fifty per cent of a city, local, or exempted village	144302
school district's taxes charged and payable against all property	144303
on the tax list of real and public utility property for current	144304
expenses of the joint vocational school district for tax year	144305
2008;	144306

(f) Fifty per cent of a city, local, or exempted village	144307
school district's taxes charged and payable against all property	144308
on the tax list of real and public utility property for current	144309
expenses of the joint vocational school district for tax year	144310
2009;	144311

(g) The joint vocational school district's taxes charged and	144312
payable against all property on the general tax list of personal	144313
property for current expenses for tax year 2009.	144314

(24) "Total resources," in the case of county mental health	144315
and disability related functions, means the sum of the amounts in	144316
divisions (A)(24)(a) and (b) of this section less any reduction	144317
required under division (A)(32) of this section.	144318

(a) The sum of the payments received by the county for mental	144319
health and developmental disability related functions in calendar	144320
year 2010 under division (A)(1) of section 5727.86 and divisions	144321
(A)(1) and (2) of section 5751.22 of the Revised Code as they	144322
existed at that time;	144323

(b) With respect to taxes levied by the county for mental	144324
health and developmental disability related purposes, the taxes	144325
charged and payable for such purposes against all property on the	144326
tax list of real and public utility property for tax year 2009.	144327

(25) "Total resources," in the case of county senior services	144328
related functions, means the sum of the amounts in divisions	144329
(A)(25)(a) and (b) of this section less any reduction required	144330
under division (A)(32) of this section.	144331

(a) The sum of the payments received by the county for senior	144332
services related functions in calendar year 2010 under division	144333
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	144334
5751.22 of the Revised Code as they existed at that time;	144335

(b) With respect to taxes levied by the county for senior	144336
services related purposes, the taxes charged and payable for such	144337
purposes against all property on the tax list of real and public	144338
utility property for tax year 2009.	144339

(26) "Total resources," in the case of county children's	144340
services related functions, means the sum of the amounts in	144341
divisions (A)(26)(a) and (b) of this section less any reduction	144342
required under division (A)(32) of this section.	144343

(a) The sum of the payments received by the county for	144344
children's services related functions in calendar year 2010 under	144345
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	144346
section 5751.22 of the Revised Code as they existed at that time;	144347

(b) With respect to taxes levied by the county for children's	144348
services related purposes, the taxes charged and payable for such	144349
purposes against all property on the tax list of real and public	144350
utility property for tax year 2009.	144351

(27) "Total resources," in the case of county public health	144352
related functions, means the sum of the amounts in divisions	144353
(A)(27)(a) and (b) of this section less any reduction required	144354
under division (A)(32) of this section.	144355

(a) The sum of the payments received by the county for public	144356
health related functions in calendar year 2010 under division	144357
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	144358
5751.22 of the Revised Code as they existed at that time;	144359

(b) With respect to taxes levied by the county for public	144360
health related purposes, the taxes charged and payable for such	144361
purposes against all property on the tax list of real and public	144362
utility property for tax year 2009.	144363

(28) "Total resources," in the case of all county functions	144364
not included in divisions (A)(24) to (27) of this section, means	144365
the sum of the amounts in divisions (A)(28)(a) to (d) of this	144366
section less any reduction required under division (A)(32) or (33)	144367
of this section.	144368

(a) The sum of the payments received by the county for all	144369
other purposes in calendar year 2010 under division (A)(1) of	144370
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	144371
the Revised Code as they existed at that time;	144372

(b) The county's percentage share of county undivided local	144373
government fund allocations as certified to the tax commissioner	144374
for calendar year 2010 by the county auditor under division (J) of	144375
section 5747.51 of the Revised Code or division (F) of section	144376
5747.53 of the Revised Code multiplied by the total amount	144377
actually distributed in calendar year 2010 from the county	144378
undivided local government fund;	144379

(c) With respect to taxes levied by the county for all other	144380
purposes, the taxes charged and payable for such purposes against	144381
all property on the tax list of real and public utility property	144382
for tax year 2009, excluding taxes charged and payable for the	144383
purpose of paying debt charges;	144384

(d) The sum of the amounts distributed to the county in	144385
calendar year 2010 for the taxes levied pursuant to sections	144386
5739.021 and 5741.021 of the Revised Code.	144387

(29) "Total resources," in the case of a municipal	144388
corporation, means the sum of the amounts in divisions (A)(29)(a)	144389
to (g) of this section less any reduction required under division	144390
(A)(32) or (33) of this section.	144391

(a) The sum of the payments received by the municipal	144392
corporation in calendar year 2010 for current expense levy losses	144393
under division (A)(1) of section 5727.86 and divisions (A)(1) and	144394
(2) of section 5751.22 of the Revised Code as they existed at that	144395
time;	144396

(b) The municipal corporation's percentage share of county	144397
undivided local government fund allocations as certified to the	144398
tax commissioner for calendar year 2010 by the county auditor	144399
under division (J) of section 5747.51 of the Revised Code or	144400
division (F) of section 5747.53 of the Revised Code multiplied by	144401
the total amount actually distributed in calendar year 2010 from	144402
the county undivided local government fund;	144403

(c) The sum of the amounts distributed to the municipal	144404
corporation in calendar year 2010 pursuant to section 5747.50 of	144405
the Revised Code;	144406

(d) With respect to taxes levied by the municipal	144407
corporation, the taxes charged and payable against all property on	144408
the tax list of real and public utility property for current	144409
expenses, defined in division (A)(35) of this section, for tax	144410
year 2009;	144411

(e) The amount of admissions tax collected by the municipal	144412
corporation in calendar year 2008, or if such information has not	144413
yet been reported to the tax commissioner, in the most recent year	144414
before 2008 for which the municipal corporation has reported data	144415
to the commissioner;	144416

(f) The amount of income taxes collected by the municipal	144417
corporation in calendar year 2008, or if such information has not	144418
yet been reported to the tax commissioner, in the most recent year	144419
before 2008 for which the municipal corporation has reported data	144420
to the commissioner;	144421

(g) The municipal corporation's median estate tax	144422
collections.	144423

(30) "Total resources," in the case of a township, means the	144424
sum of the amounts in divisions (A)(30)(a) to (c) of this section	144425
less any reduction required under division (A)(32) or (33) of this	144426
section.	144427

(a) The sum of the payments received by the township in	144428
calendar year 2010 pursuant to division (A)(1) of section 5727.86	144429
of the Revised Code and divisions (A)(1) and (2) of section	144430
5751.22 of the Revised Code as they existed at that time,	144431
excluding payments received for debt purposes;	144432

(b) The township's percentage share of county undivided local	144433
government fund allocations as certified to the tax commissioner	144434
for calendar year 2010 by the county auditor under division (J) of	144435
section 5747.51 of the Revised Code or division (F) of section	144436
5747.53 of the Revised Code multiplied by the total amount	144437
actually distributed in calendar year 2010 from the county	144438
undivided local government fund;	144439

(c) With respect to taxes levied by the township, the taxes	144440
charged and payable against all property on the tax list of real	144441
and public utility property for tax year 2009 excluding taxes	144442
charged and payable for the purpose of paying debt charges.	144443

(31) "Total resources," in the case of a local taxing unit	144444
that is not a county, municipal corporation, or township, means	144445
the sum of the amounts in divisions (A)(31)(a) to (e) of this	144446
section less any reduction required under division (A)(32) of this	144447
section.	144448

(a) The sum of the payments received by the local taxing unit	144449
in calendar year 2010 pursuant to division (A)(1) of section	144450
5727.86 of the Revised Code and divisions (A)(1) and (2) of	144451
section 5751.22 of the Revised Code as they existed at that time;	144452

(b) The local taxing unit's percentage share of county	144453
undivided local government fund allocations as certified to the	144454
tax commissioner for calendar year 2010 by the county auditor	144455
under division (J) of section 5747.51 of the Revised Code or	144456
division (F) of section 5747.53 of the Revised Code multiplied by	144457
the total amount actually distributed in calendar year 2010 from	144458
the county undivided local government fund;	144459

(c) With respect to taxes levied by the local taxing unit,	144460
the taxes charged and payable against all property on the tax list	144461
of real and public utility property for tax year 2009 excluding	144462
taxes charged and payable for the purpose of paying debt charges;	144463

(d) The amount received from the tax commissioner during	144464
calendar year 2010 for sales or use taxes authorized under	144465
sections 5739.023 and 5741.022 of the Revised Code;	144466

(e) For institutions of higher education receiving tax	144467
revenue from a local levy, as identified in section 3358.02 of the	144468
Revised Code, the final state share of instruction allocation for	144469
fiscal year 2010 as calculated by the board of regents and	144470
reported to the state controlling board.	144471

(32) If a fixed-rate levy that is a qualifying levy is not	144472
charged and payable in any year after tax year 2010, "total	144473
resources" used to compute payments to be made under division	144474
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	144475
5751.22 of the Revised Code in the tax years following the last	144476
year the levy is charged and payable shall be reduced to the	144477
extent that the payments are attributable to the fixed-rate levy	144478
loss of that levy as would be computed under division (C)(2) of	144479
section 5727.85, division (A)(1) of section 5727.85, divisions	144480
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	144481
5751.22 of the Revised Code.	144482

(33) In the case of a county, municipal corporation, school	144483
district, or township with fixed-rate levy losses attributable to	144484
a tax levied under section 5705.23 of the Revised Code, "total	144485
resources" used to compute payments to be made under division	144486
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	144487
division (C)(12) of section 5751.21, or division (A)(1)(c) of	144488
section 5751.22 of the Revised Code shall be reduced by the	144489
amounts described in divisions (A)(34)(a) to (c) of this section	144490
to the extent that those amounts were included in calculating the	144491
"total resources" of the school district or local taxing unit	144492
under division (A)(22), (28), (29), or (30) of this section.	144493

(34) "Total library resources," in the case of a county,	144494
municipal corporation, school district, or township public library	144495
that receives the proceeds of a tax levied under section 5705.23	144496
of the Revised Code, means the sum of the amounts in divisions	144497
(A)(34)(a) to (c) of this section less any reduction required	144498
under division (A)(32) of this section.	144499

(a) The sum of the payments received by the county, municipal	144500
corporation, school district, or township public library in	144501
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	144502
Revised Code, as they existed at that time, for fixed-rate levy	144503
losses attributable to a tax levied under section 5705.23 of the	144504
Revised Code for the benefit of the public library;	144505

(b) The public library's percentage share of county undivided	144506
local government fund allocations as certified to the tax	144507
commissioner for calendar year 2010 by the county auditor under	144508
division (J) of section 5747.51 of the Revised Code or division	144509
(F) of section 5747.53 of the Revised Code multiplied by the total	144510
amount actually distributed in calendar year 2010 from the county	144511
undivided local government fund;	144512

(c) With respect to a tax levied pursuant to section 5705.23	144513
of the Revised Code for the benefit of the public library, the	144514
amount of such tax that is charged and payable against all	144515
property on the tax list of real and public utility property for	144516
tax year 2009 excluding any tax that is charged and payable for	144517
the purpose of paying debt charges.	144518

(35) "Municipal current expense property tax levies" means	144519
all property tax levies of a municipality, except those with the	144520
following levy names: airport resurfacing; bond or any levy name	144521
including the word "bond"; capital improvement or any levy name	144522
including the word "capital"; debt or any levy name including the	144523
word "debt"; equipment or any levy name including the word	144524
"equipment," unless the levy is for combined operating and	144525
equipment; employee termination fund; fire pension or any levy	144526
containing the word "pension," including police pensions;	144527
fireman's fund or any practically similar name; sinking fund; road	144528
improvements or any levy containing the word "road"; fire truck or	144529
apparatus; flood or any levy containing the word "flood";	144530
conservancy district; county health; note retirement; sewage, or	144531
any levy containing the words "sewage" or "sewer"; park	144532
improvement; parkland acquisition; storm drain; street or any levy	144533
name containing the word "street"; lighting, or any levy name	144534
containing the word "lighting"; and water.	144535

(36) "Current expense TPP allocation" means, in the case of a	144536
school district or joint vocational school district, the sum of	144537
the payments received by the school district in fiscal year 2011	144538
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	144539
Revised Code to the extent paid for current expense levies. In the	144540
case of a municipal corporation, "current expense TPP allocation"	144541
means the sum of the payments received by the municipal	144542
corporation in calendar year 2010 pursuant to divisions (A)(1) and	144543
(2) of section 5751.22 of the Revised Code to the extent paid for	144544
municipal current expense property tax levies as defined in	144545
division (A)(35) of this section, excluding any such payments	144546
received for current expense levy losses attributable to a tax	144547
levied under section 5705.23 of the Revised Code. If a fixed-rate	144548
levy that is a qualifying levy is not charged and payable in any	144549
year after tax year 2010, "current expense TPP allocation" used to	144550
compute payments to be made under division (C)(12) of section	144551
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	144552
Revised Code in the tax years following the last year the levy is	144553
charged and payable shall be reduced to the extent that the	144554
payments are attributable to the fixed-rate levy loss of that levy	144555
as would be computed under divisions (C)(10) and (11) of section	144556
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	144557

(37) "TPP allocation" means the sum of payments received by a	144558
local taxing unit in calendar year 2010 pursuant to divisions	144559
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	144560
any such payments received for fixed-rate levy losses attributable	144561
to a tax levied under section 5705.23 of the Revised Code. If a	144562
fixed-rate levy that is a qualifying levy is not charged and	144563
payable in any year after tax year 2010, "TPP allocation" used to	144564
compute payments to be made under division (A)(1)(b) or (c) of	144565
section 5751.22 of the Revised Code in the tax years following the	144566
last year the levy is charged and payable shall be reduced to the	144567
extent that the payments are attributable to the fixed-rate levy	144568
loss of that levy as would be computed under division (A)(1) of	144569
that section.	144570

(38) "Total TPP allocation" means, in the case of a school	144571
district or joint vocational school district, the sum of the	144572
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	144573
and (11) and (D) of section 5751.21 of the Revised Code. In the	144574
case of a local taxing unit, "total TPP allocation" means the sum	144575
of payments received by the unit in calendar year 2010 pursuant to	144576
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	144577
Code. If a fixed-rate levy that is a qualifying levy is not	144578
charged and payable in any year after tax year 2010, "total TPP	144579
allocation" used to compute payments to be made under division	144580
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	144581
5751.22 of the Revised Code in the tax years following the last	144582
year the levy is charged and payable shall be reduced to the	144583
extent that the payments are attributable to the fixed-rate levy	144584
loss of that levy as would be computed under divisions (C)(10) and	144585
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	144586
the Revised Code.	144587

(39) "Non-current expense TPP allocation" means the	144588
difference of total TPP allocation minus the sum of current	144589
expense TPP allocation and the portion of total TPP allocation	144590
constituting reimbursement for debt levies, pursuant to division	144591
(D) of section 5751.21 of the Revised Code in the case of a school	144592
district or joint vocational school district and pursuant to	144593
division (A)(3) of section 5751.22 of the Revised Code in the case	144594
of a municipal corporation.	144595

(40) "TPP allocation for library purposes" means the sum of	144596
payments received by a county, municipal corporation, school	144597
district, or township public library in calendar year 2010	144598
pursuant to section 5751.22 of the Revised Code for fixed-rate	144599
levy losses attributable to a tax levied under section 5705.23 of	144600
the Revised Code. If a fixed-rate levy authorized under section	144601
5705.23 of the Revised Code that is a qualifying levy is not	144602
charged and payable in any year after tax year 2010, "TPP	144603
allocation for library purposes" used to compute payments to be	144604
made under division (A)(1)(d) of section 5751.22 of the Revised	144605
Code in the tax years following the last year the levy is charged	144606
and payable shall be reduced to the extent that the payments are	144607
attributable to the fixed-rate levy loss of that levy as would be	144608
computed under division (A)(1) of section 5751.22 of the Revised	144609
Code.	144610

(41) "Threshold per cent" means, in the case of a school	144611
district or joint vocational school district, two per cent for	144612
fiscal year 2012 and four per cent for fiscal years 2013 and	144613
thereafter. In the case of a local taxing unit or public library	144614
that receives the proceeds of a tax levied under section 5705.23	144615
of the Revised Code, "threshold per cent" means two per cent for	144616
tax year 2011, four per cent for tax year 2012, and six per cent	144617
for tax years 2013 and thereafter.	144618

(B)(1) The commercial activities tax receipts fund is hereby	144619
created in the state treasury and shall consist of money arising	144620
from the tax imposed under this chapter. Eighty-five	144621
one-hundredths of one per cent of the money credited to that fund	144622
shall be credited to the revenue enhancement fund and shall be	144623
used to defray the costs incurred by the department of taxation in	144624
administering the tax imposed by this chapter and in implementing	144625
tax reform measures. The remainder of the money in the commercial	144626
activities tax receipts fund shall first be credited to the	144627
commercial activity tax motor fuel receipts fund, pursuant to	144628
division (B)(2) of this section, and the remainder shall be	144629
credited in the following percentages each fiscal year to the	144630
general revenue fund, to the school district tangible property tax	144631
replacement fund, which is hereby created in the state treasury	144632
for the purpose of making the payments described in section	144633
5751.21 of the Revised Code, and to the local government tangible	144634
property tax replacement fund, which is hereby created in the	144635
state treasury for the purpose of making the payments described in	144636
section 5751.22 of the Revised Code, in the following percentages:	144637

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	144638
2006	67.7%	22.6%	9.7%	144639
2007	0%	70.0%	30.0%	144640
2008	0%	70.0%	30.0%	144641
2009	0%	70.0%	30.0%	144642
2010	0%	70.0%	30.0%	144643
2011	0%	70.0%	30.0%	144644
2012	25.0%	52.5%	22.5%	144645
2013 and thereafter	50.0%	35.0%	15.0%	144646

(2) Not later than the twentieth day of February, May,	144647
August, and November of each year, the commissioner shall provide	144648
for payment from the commercial activities tax receipts fund to	144649
the commercial activity tax motor fuel receipts fund an amount	144650
that bears the same ratio to the balance in the commercial	144651
activities tax receipts fund that (a) the taxable gross receipts	144652
attributed to motor fuel used for propelling vehicles on public	144653
highways as indicated by returns filed by the tenth day of that	144654
month for a liability that is due and payable on or after July 1,	144655
2013, for a tax period ending before July 1, 2014, bears to (b)	144656
all taxable gross receipts as indicated by those returns for such	144657
liabilities.	144658

(C) Not later than September 15, 2005, the tax commissioner	144659
shall determine for each school district, joint vocational school	144660
district, and local taxing unit its machinery and equipment,	144661
inventory property, furniture and fixtures property, and telephone	144662
property tax value losses, which are the applicable amounts	144663
described in divisions (C)(1), (2), (3), and (4) of this section,	144664
except as provided in division (C)(5) of this section:	144665

(1) Machinery and equipment property tax value loss is the	144666
taxable value of machinery and equipment property as reported by	144667
taxpayers for tax year 2004 multiplied by:	144668

(a) For tax year 2006, thirty-three and eight-tenths per	144669
cent;	144670

(b) For tax year 2007, sixty-one and three-tenths per cent;

144671

144672

(d) For tax year 2009 and thereafter, one hundred per cent.

144673

(2) Inventory property tax value loss is the taxable value of	144674
inventory property as reported by taxpayers for tax year 2004	144675
multiplied by:	144676

(a) For tax year 2006, a fraction, the numerator of which is	144677
five and three-fourths and the denominator of which is	144678
twenty-three;	144679

(b) For tax year 2007, a fraction, the numerator of which is	144680
nine and one-half and the denominator of which is twenty-three;	144681

(c) For tax year 2008, a fraction, the numerator of which is	144682
thirteen and one-fourth and the denominator of which is	144683
twenty-three;	144684

(d) For tax year 2009 and thereafter a fraction, the	144685
numerator of which is seventeen and the denominator of which is	144686
twenty-three.	144687

(3) Furniture and fixtures property tax value loss is the	144688
taxable value of furniture and fixture property as reported by	144689
taxpayers for tax year 2004 multiplied by:	144690

(a) For tax year 2006, twenty-five per cent;

144691

(b) For tax year 2007, fifty per cent;

144692

144693

(d) For tax year 2009 and thereafter, one hundred per cent.

144694

The taxable value of property reported by taxpayers used in	144695
divisions (C)(1), (2), and (3) of this section shall be such	144696
values as determined to be final by the tax commissioner as of	144697
August 31, 2005. Such determinations shall be final except for any	144698
correction of a clerical error that was made prior to August 31,	144699
2005, by the tax commissioner.	144700

(4) Telephone property tax value loss is the taxable value of	144701
telephone property as taxpayers would have reported that property	144702
for tax year 2004 if the assessment rate for all telephone	144703
property for that year were twenty-five per cent, multiplied by:	144704

(a) For tax year 2006, zero per cent;

144705

(b) For tax year 2007, zero per cent;

144706

144707

(d) For tax year 2009, sixty per cent;

144708

(e) For tax year 2010, eighty per cent;

144709

(f) For tax year 2011 and thereafter, one hundred per cent.

144710

(5) Division (C)(5) of this section applies to any school	144711
district, joint vocational school district, or local taxing unit	144712
in a county in which is located a facility currently or formerly	144713
devoted to the enrichment or commercialization of uranium or	144714
uranium products, and for which the total taxable value of	144715
property listed on the general tax list of personal property for	144716
any tax year from tax year 2001 to tax year 2004 was fifty per	144717
cent or less of the taxable value of such property listed on the	144718
general tax list of personal property for the next preceding tax	144719
year.	144720

In computing the fixed-rate levy losses under divisions	144721
(D)(1), (2), and (3) of this section for any school district,	144722
joint vocational school district, or local taxing unit to which	144723
division (C)(5) of this section applies, the taxable value of such	144724
property as listed on the general tax list of personal property	144725
for tax year 2000 shall be substituted for the taxable value of	144726
such property as reported by taxpayers for tax year 2004, in the	144727
taxing district containing the uranium facility, if the taxable	144728
value listed for tax year 2000 is greater than the taxable value	144729
reported by taxpayers for tax year 2004. For the purpose of making	144730
the computations under divisions (D)(1), (2), and (3) of this	144731
section, the tax year 2000 valuation is to be allocated to	144732
machinery and equipment, inventory, and furniture and fixtures	144733
property in the same proportions as the tax year 2004 values. For	144734
the purpose of the calculations in division (A) of section 5751.21	144735
of the Revised Code, the tax year 2004 taxable values shall be	144736
used.	144737

To facilitate the calculations required under division (C) of	144738
this section, the county auditor, upon request from the tax	144739
commissioner, shall provide by August 1, 2005, the values of	144740
machinery and equipment, inventory, and furniture and fixtures for	144741
all single-county personal property taxpayers for tax year 2004.	144742

(D) Not later than September 15, 2005, the tax commissioner	144743
shall determine for each tax year from 2006 through 2009 for each	144744
school district, joint vocational school district, and local	144745
taxing unit its machinery and equipment, inventory, and furniture	144746
and fixtures fixed-rate levy losses, and for each tax year from	144747
2006 through 2011 its telephone property fixed-rate levy loss.	144748
Except as provided in division (F) of this section, such losses	144749
are the applicable amounts described in divisions (D)(1), (2),	144750
(3), and (4) of this section:	144751

(1) The machinery and equipment fixed-rate levy loss is the	144752
machinery and equipment property tax value loss multiplied by the	144753
sum of the tax rates of fixed-rate qualifying levies.	144754

(2) The inventory fixed-rate loss is the inventory property	144755
tax value loss multiplied by the sum of the tax rates of	144756
fixed-rate qualifying levies.	144757

(3) The furniture and fixtures fixed-rate levy loss is the	144758
furniture and fixture property tax value loss multiplied by the	144759
sum of the tax rates of fixed-rate qualifying levies.	144760

(4) The telephone property fixed-rate levy loss is the	144761
telephone property tax value loss multiplied by the sum of the tax	144762
rates of fixed-rate qualifying levies.	144763

(E) Not later than September 15, 2005, the tax commissioner	144764
shall determine for each school district, joint vocational school	144765
district, and local taxing unit its fixed-sum levy loss. The	144766
fixed-sum levy loss is the amount obtained by subtracting the	144767
amount described in division (E)(2) of this section from the	144768
amount described in division (E)(1) of this section:	144769

(1) The sum of the machinery and equipment property tax value	144770
loss, the inventory property tax value loss, and the furniture and	144771
fixtures property tax value loss, and, for 2008 through 2010, the	144772
telephone property tax value loss of the district or unit	144773
multiplied by the sum of the fixed-sum tax rates of qualifying	144774
levies. For 2006 through 2010, this computation shall include all	144775
qualifying levies remaining in effect for the current tax year and	144776
any school district levies charged and payable under section	144777
5705.194 or 5705.213 of the Revised Code that are qualifying	144778
levies not remaining in effect for the current year. For 2011	144779
through 2017 in the case of school district levies charged and	144780
payable under section 5705.194 or 5705.213 of the Revised Code and	144781
for all years after 2010 in the case of other fixed-sum levies,	144782
this computation shall include only qualifying levies remaining in	144783
effect for the current year. For purposes of this computation, a	144784
qualifying school district levy charged and payable under section	144785
5705.194 or 5705.213 of the Revised Code remains in effect in a	144786
year after 2010 only if, for that year, the board of education	144787
levies a school district levy charged and payable under section	144788
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	144789
an annual sum at least equal to the annual sum levied by the board	144790
in tax year 2004 less the amount of the payment certified under	144791
this division for 2006.	144792

(2) The total taxable value in tax year 2004 less the sum of	144793
the machinery and equipment, inventory, furniture and fixtures,	144794
and telephone property tax value losses in each school district,	144795
joint vocational school district, and local taxing unit multiplied	144796
by one-half of one mill per dollar.	144797

(3) For the calculations in divisions (E)(1) and (2) of this	144798
section, the tax value losses are those that would be calculated	144799
for tax year 2009 under divisions (C)(1), (2), and (3) of this	144800
section and for tax year 2011 under division (C)(4) of this	144801
section.	144802

(4) To facilitate the calculation under divisions (D) and (E)	144803
of this section, not later than September 1, 2005, any school	144804
district, joint vocational school district, or local taxing unit	144805
that has a qualifying levy that was approved at an election	144806
conducted during 2005 before September 1, 2005, shall certify to	144807
the tax commissioner a copy of the county auditor's certificate of	144808
estimated property tax millage for such levy as required under	144809
division (B) of section 5705.03 of the Revised Code, which is the	144810
rate that shall be used in the calculations under such divisions.	144811

If the amount determined under division (E) of this section	144812
for any school district, joint vocational school district, or	144813
local taxing unit is greater than zero, that amount shall equal	144814
the reimbursement to be paid pursuant to division (E) of section	144815
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	144816
and the one-half of one mill that is subtracted under division	144817
(E)(2) of this section shall be apportioned among all contributing	144818
fixed-sum levies in the proportion that each levy bears to the sum	144819
of all fixed-sum levies within each school district, joint	144820
vocational school district, or local taxing unit.	144821

(F) If a school district levies a tax under section 5705.219	144822
of the Revised Code, the fixed-rate levy loss for qualifying	144823
levies, to the extent repealed under that section, shall equal the	144824
sum of the following amounts in lieu of the amounts computed for	144825
such levies under division (D) of this section:	144826

(1) The sum of the rates of qualifying levies to the extent	144827
so repealed multiplied by the sum of the machinery and equipment,	144828
inventory, and furniture and fixtures tax value losses for 2009 as	144829
determined under that division;	144830

(2) The sum of the rates of qualifying levies to the extent	144831
so repealed multiplied by the telephone property tax value loss	144832
for 2011 as determined under that division.	144833

The fixed-rate levy losses for qualifying levies to the	144834
extent not repealed under section 5705.219 of the Revised Code	144835
shall be as determined under division (D) of this section. The	144836
revised fixed-rate levy losses determined under this division and	144837
division (D) of this section first apply in the year following the	144838
first year the district levies the tax under section 5705.219 of	144839
the Revised Code.	144840

(G) Not later than October 1, 2005, the tax commissioner	144841
shall certify to the department of education for every school	144842
district and joint vocational school district the machinery and	144843
equipment, inventory, furniture and fixtures, and telephone	144844
property tax value losses determined under division (C) of this	144845
section, the machinery and equipment, inventory, furniture and	144846
fixtures, and telephone fixed-rate levy losses determined under	144847
division (D) of this section, and the fixed-sum levy losses	144848
calculated under division (E) of this section. The calculations	144849
under divisions (D) and (E) of this section shall separately	144850
display the levy loss for each levy eligible for reimbursement.	144851

(H) Not later than October 1, 2005, the tax commissioner	144852
shall certify the amount of the fixed-sum levy losses to the	144853
county auditor of each county in which a school district, joint	144854
vocational school district, or local taxing unit with a fixed-sum	144855
levy loss reimbursement has territory.	144856

(I) Not later than the twenty-eighth day of February each	144857
year beginning in 2011 and ending in 2014, the tax commissioner	144858
shall certify to the department of education for each school	144859
district first levying a tax under section 5705.219 of the Revised	144860
Code in the preceding year the revised fixed-rate levy losses	144861
determined under divisions (D) and (F) of this section.	144862

(J)(1) There is hereby created in the state treasury the	144863
commercial activity tax motor fuel receipts fund.	144864

(2)(a) On or before June 15, 2014, the director of the Ohio	144865
public works commission shall certify to the director of budget	144866
and management the amount of debt service paid from the general	144867
revenue fund in fiscal years 2013 and 2014 on bonds issued to	144868
finance or assist in the financing of the cost of local	144869
subdivision public infrastructure capital improvement projects, as	144870
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	144871
Constitution, that are attributable to costs for construction,	144872
reconstruction, maintenance, or repair of public highways and	144873
bridges and other statutory highway purposes. That certification	144874
shall allocate the total amount of debt service paid from the	144875
general revenue fund and attributable to those costs in each of	144876
fiscal years 2013 and 2014 according to the applicable section of	144877
the Ohio Constitution under which the bonds were originally	144878
issued.	144879

(b) On or before June 30, 2014, the director of budget and	144880
management shall determine an amount up to but not exceeding the	144881
amount certified under division (J)(2)(a) of this section and	144882
shall reserve that amount from the cash balance in the commercial	144883
activity tax motor fuel receipts fund for transfer to the general	144884
revenue fund at times and in amounts to be determined by the	144885
director. The director shall transfer the cash balance in the	144886
commercial activity tax motor fuel receipts fund in excess of the	144887
amount so reserved to the highway operating fund on or before June	144888
30, 2014.	144889

(3)(a) On or before the fifteenth day of June of each fiscal	144890
year beginning with fiscal year 2015, the director of the Ohio	144891
public works commission shall certify to the director of budget	144892
and management the amount of debt service paid from the general	144893
revenue fund in the current fiscal year on bonds issued to finance	144894
or assist in the financing of the cost of local subdivision public	144895
infrastructure capital improvement projects, as provided for in	144896
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	144897
are attributable to costs for construction, reconstruction,	144898
maintenance, or repair of public highways and bridges and other	144899
statutory highway purposes. That certification shall allocate the	144900
total amount of debt service paid from the general revenue fund	144901
and attributable to those costs in the current fiscal year	144902
according to the applicable section of the Ohio Constitution under	144903
which the bonds were originally issued.	144904

(b) On or before the thirtieth day of June of each fiscal	144905
year beginning with fiscal year 2015, the director of budget and	144906
management shall determine an amount up to but not exceeding the	144907
amount certified under division (J)(3)(a) of this section and	144908
shall reserve that amount from the cash balance in the motor fuel	144909
receipts tax public highways fund or the commercial activity tax	144910
motor fuel receipts fund for transfer to the general revenue fund	144911
at times and in amounts to be determined by the director. The	144912
director shall transfer the cash balance in the motor fuel	144913
receipts tax public highways fund or the commercial activity tax	144914
motor fuel receipts fund in excess of the amount so reserved to	144915
the highway operating fund on or before the thirtieth day of June	144916
of the current fiscal year.	144917

Sec. 5751.21. (A) Not later than the thirtieth day of July	144918
of 2007 through 2010, the department of education shall consult	144919
with the director of budget and management and determine the	144920
following for each school district and each joint vocational	144921
school district eligible for payment under division (B) of this	144922
section:	144923

(1) The state education aid offset, which, except as provided	144924
in division (A)(1)(c) of this section, is the difference obtained	144925
by subtracting the amount described in division (A)(1)(b) of this	144926
section from the amount described in division (A)(1)(a) of this	144927
section:	144928

(a) The state education aid computed for the school district	144929
or joint vocational school district for the current fiscal year as	144930
of the thirtieth day of July;	144931

(b) The state education aid that would be computed for the	144932
school district or joint vocational school district for the	144933
current fiscal year as of the thirtieth day of July if the	144934
valuation used in the calculation in division (B)(1) of section	144935
3306.13 of the Revised Code as that division existed for fiscal	144936
years 2010 and 2011 included the machinery and equipment,	144937
inventory, furniture and fixtures, and telephone property tax	144938
value losses for the school district or joint vocational school	144939
district for the second preceding tax year, and if taxes charged	144940
and payable associated with the tax value losses are accounted for	144941
in any state education aid computation dependent on taxes charged	144942
and payable.	144943

(c) The state education aid offset for fiscal year 2010 and	144944
fiscal year 2011 equals the greater of the state education aid	144945
offset calculated for that fiscal year under divisions (A)(1)(a)	144946
and (b) of this section and the state education aid offset	144947
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	144948
the state education aid offset equals the state education aid	144949
offset for fiscal year 2011.	144950

(2) For fiscal years 2008 through 2011, the greater of zero	144951
or the difference obtained by subtracting the state education aid	144952
offset determined under division (A)(1) of this section from the	144953
sum of the machinery and equipment fixed-rate levy loss, the	144954
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	144955
levy loss, and telephone property fixed-rate levy loss certified	144956
under divisions (G) and (I) of section 5751.20 of the Revised Code	144957
for all taxing districts in each school district and joint	144958
vocational school district for the second preceding tax year.	144959

By the thirtieth day of July of each such year, the	144960
department of education and the director of budget and management	144961
shall agree upon the amount to be determined under division (A)(1)	144962
of this section.	144963

(B) On or before the thirty-first day of August of 2008,	144964
2009, and 2010, the department of education shall recalculate the	144965
offset described under division (A) of this section for the	144966
previous fiscal year and recalculate the payments made under	144967
division (C) of this section in the preceding fiscal year using	144968
the offset calculated under this division. If the payments	144969
calculated under this division differ from the payments made under	144970
division (C) of this section in the preceding fiscal year, the	144971
difference shall either be paid to a school district or recaptured	144972
from a school district through an adjustment at the same times	144973
during the current fiscal year that the payments under division	144974
(C) of this section are made. In August and October of the current	144975
fiscal year, the amount of each adjustment shall be three-sevenths	144976
of the amount calculated under this division. In May of the	144977
current fiscal year, the adjustment shall be one-seventh of the	144978
amount calculated under this division.	144979

(C) The department of education shall pay from the school	144980
district tangible property tax replacement fund to each school	144981
district and joint vocational school district all of the following	144982
for fixed-rate levy losses certified under divisions (G) and (I)	144983
of section 5751.20 of the Revised Code:	144984

(1) On or before May 31, 2006, one-seventh of the total	144985
fixed-rate levy loss for tax year 2006;	144986

(2) On or before August 31, 2006, and October 31, 2006,	144987
one-half of six-sevenths of the total fixed-rate levy loss for tax	144988
year 2006;	144989

(3) On or before May 31, 2007, one-seventh of the total	144990
fixed-rate levy loss for tax year 2007;	144991

(4) On or before August 31, 2007, and October 31, 2007,	144992
forty-three per cent of the amount determined under division	144993
(A)(2) of this section for fiscal year 2008, but not less than	144994
zero, plus one-half of six-sevenths of the difference between the	144995
total fixed-rate levy loss for tax year 2007 and the total	144996
fixed-rate levy loss for tax year 2006.	144997

(5) On or before May 31, 2008, fourteen per cent of the	144998
amount determined under division (A)(2) of this section for fiscal	144999
year 2008, but not less than zero, plus one-seventh of the	145000
difference between the total fixed-rate levy loss for tax year	145001
2008 and the total fixed-rate levy loss for tax year 2006.	145002

(6) On or before August 31, 2008, and October 31, 2008,	145003
forty-three per cent of the amount determined under division	145004
(A)(2) of this section for fiscal year 2009, but not less than	145005
zero, plus one-half of six-sevenths of the difference between the	145006
total fixed-rate levy loss in tax year 2008 and the total	145007
fixed-rate levy loss in tax year 2007.	145008

(7) On or before May 31, 2009, fourteen per cent of the	145009
amount determined under division (A)(2) of this section for fiscal	145010
year 2009, but not less than zero, plus one-seventh of the	145011
difference between the total fixed-rate levy loss for tax year	145012
2009 and the total fixed-rate levy loss for tax year 2007.	145013

(8) On or before August 31, 2009, and October 31, 2009,	145014
forty-three per cent of the amount determined under division	145015
(A)(2) of this section for fiscal year 2010, but not less than	145016
zero, plus one-half of six-sevenths of the difference between the	145017
total fixed-rate levy loss in tax year 2009 and the total	145018
fixed-rate levy loss in tax year 2008.	145019

(9) On or before May 31, 2010, fourteen per cent of the	145020
amount determined under division (A)(2) of this section for fiscal	145021
year 2010, but not less than zero, plus one-seventh of the	145022
difference between the total fixed-rate levy loss in tax year 2010	145023
and the total fixed-rate levy loss in tax year 2008.	145024

(10) On or before August 31, 2010, and October 31, 2010,	145025
forty-three per cent of the amount determined under division	145026
(A)(2) of this section for fiscal year 2011, but not less than	145027
zero, plus one-half of six-sevenths of the difference between the	145028
telephone property fixed-rate levy loss for tax year 2010 and the	145029
telephone property fixed-rate levy loss for tax year 2009.	145030

(11) On or before May 31, 2011, fourteen per cent of the	145031
amount determined under division (A)(2) of this section for fiscal	145032
year 2011, but not less than zero, plus one-seventh of the	145033
difference between the telephone property fixed-rate levy loss for	145034
tax year 2011 and the telephone property fixed-rate levy loss for	145035
tax year 2009.	145036

(12) For fiscal years 2012 and thereafter, the sum of the	145037
amounts in divisions (C)(12)(a) or (b) and (c) of this section	145038
shall be paid on or before the ~~twentieth~~last day of November and	145039
the last day of May:	145040

(a) If the ratio of current expense TPP allocation to total	145041
resources is equal to or less than the threshold per cent, zero;	145042

(b) If the ratio of current expense TPP allocation to total	145043
resources is greater than the threshold per cent, fifty per cent	145044
of the difference of current expense TPP allocation minus the	145045
product of total resources multiplied by the threshold per cent;	145046

(c) Fifty per cent of the product of non-current expense TPP	145047
allocation multiplied by seventy-five per cent for fiscal year	145048
2012 and fifty per cent for fiscal years 2013 and thereafter.	145049

The department of education shall report to each school	145050
district and joint vocational school district the apportionment of	145051
the payments among the school district's or joint vocational	145052
school district's funds based on the certifications under	145053
divisions (G) and (I) of section 5751.20 of the Revised Code.	145054

(D) For taxes levied within the ten-mill limitation for debt	145055
purposes in tax year 2005, payments shall be made equal to one	145056
hundred per cent of the loss computed as if the tax were a	145057
fixed-rate levy, but those payments shall extend from fiscal year	145058
2006 through fiscal year 2018, as long as the qualifying levy	145059
continues to be used for debt purposes. If the purpose of such a	145060
qualifying levy is changed, that levy becomes subject to the	145061
payments determined in division (C) of this section.	145062

(E)(1) Not later than January 1, 2006, for each fixed-sum	145063
levy of each school district or joint vocational school district	145064
and for each year for which a determination is made under division	145065
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	145066
loss is to be reimbursed, the tax commissioner shall certify to	145067
the department of education the fixed-sum levy loss determined	145068
under that division. The certification shall cover a time period	145069
sufficient to include all fixed-sum levies for which the	145070
commissioner made such a determination. On or before the last day	145071
of May of the current year, the department shall pay from the	145072
school district property tax replacement fund to the school	145073
district or joint vocational school district one-third of the	145074
fixed-sum levy loss so certified, plus one-third of the amount	145075
certified under division (I) of section 5751.20 of the Revised	145076
Code, and on or before the ~~twentieth~~last day of November,	145077
two-thirds of the fixed-sum levy loss so certified, plus	145078
two-thirds of the amount certified under division (I) of section	145079
5751.20 of the Revised Code. Payments under this division of the	145080
amounts certified under division (I) of section 5751.20 of the	145081
Revised Code shall continue until the levy adopted under section	145082
5705.219 of the Revised Code expires.	145083

(2) Beginning in 2006, by the first day of January of each	145084
year, the tax commissioner shall review the certification	145085
originally made under division (E)(1) of this section. If the	145086
commissioner determines that a debt levy that had been scheduled	145087
to be reimbursed in the current year has expired, a revised	145088
certification for that and all subsequent years shall be made to	145089
the department of education.	145090

(F) Beginning in September 2007 and through June 2013, the	145091
director of budget and management shall transfer from the school	145092
district tangible property tax replacement fund to the general	145093
revenue fund each of the following:	145094

(1) On the first day of September, one-fourth of the amount	145095
determined for that fiscal year under division (A)(1) of this	145096
section;	145097

(2) On the first day of December, one-fourth of the amount	145098
determined for that fiscal year under division (A)(1) of this	145099
section;	145100

(3) On the first day of March, one-fourth of the amount	145101
determined for that fiscal year under division (A)(1) of this	145102
section;	145103

(4) On the first day of June, one-fourth of the amount	145104
determined for that fiscal year under division (A)(1) of this	145105
section.	145106

If, when a transfer is required under division (F)(1), (2),	145107
(3), or (4) of this section, there is not sufficient money in the	145108
school district tangible property tax replacement fund to make the	145109
transfer in the required amount, the director shall transfer the	145110
balance in the fund to the general revenue fund and may make	145111
additional transfers on later dates as determined by the director	145112
in a total amount that does not exceed one-fourth of the amount	145113
determined for the fiscal year.	145114

(G) If the total amount in the school district tangible	145115
property tax replacement fund is insufficient to make all payments	145116
under divisions (C), (D), and (E) of this section at the times the	145117
payments are to be made, the director of budget and management	145118
shall transfer from the general revenue fund to the school	145119
district tangible property tax replacement fund the difference	145120
between the total amount to be paid and the amount in the school	145121
district tangible property tax replacement fund.	145122

(H) On the fifteenth day of June of each year, the director	145123
of budget and management may transfer any balance in the school	145124
district tangible property tax replacement fund to the general	145125
revenue fund.	145126

(I) If all of the territory of a school district or joint	145127
vocational school district is merged with another district, or if	145128
a part of the territory of a school district or joint vocational	145129
school district is transferred to an existing or newly created	145130
district, the department of education, in consultation with the	145131
tax commissioner, shall adjust the payments made under this	145132
section as follows:	145133

(1) For a merger of two or more districts, the fixed-sum levy	145134
losses, total resources, current expense TPP allocation, total TPP	145135
allocation, and non-current expense TPP allocation of the	145136
successor district shall be the sum of such items for each of the	145137
districts involved in the merger.	145138

(2) If property is transferred from one district to a	145139
previously existing district, the amount of total resources,	145140
current expense TPP allocation, total TPP allocation, and	145141
non-current expense TPP allocation that shall be transferred to	145142
the recipient district shall be an amount equal to total	145143
resources, current expense TPP allocation, total TPP allocation,	145144
and non-current expense TPP allocation of the transferor district	145145
times a fraction, the numerator of which is the number of pupils	145146
being transferred to the recipient district, measured, in the case	145147
of a school district, by average daily membership as reported	145148
under division (A) of section 3317.03 of the Revised Code or, in	145149
the case of a joint vocational school district, by formula ADM as	145150
reported in division (D) of that section, and the denominator of	145151
which is the average daily membership or formula ADM of the	145152
transferor district.	145153

(3) After December 31, 2010, if property is transferred from	145154
one or more districts to a district that is newly created out of	145155
the transferred property, the newly created district shall be	145156
deemed not to have any total resources, current expense TPP	145157
allocation, total TPP allocation, or non-current expense TPP	145158
allocation.	145159

(4) If the recipient district under division (I)(2) of this	145160
section or the newly created district under division (I)(3) of	145161
this section is assuming debt from one or more of the districts	145162
from which the property was transferred and any of the districts	145163
losing the property had fixed-sum levy losses, the department of	145164
education, in consultation with the tax commissioner, shall make	145165
an equitable division of the fixed-sum levy loss reimbursements.	145166

Sec. 5751.55. (A) As used in this section, "certificate	145167
owner" has the same meaning as in section 149.311 of the Revised	145168
Code.	145169

(B) There is allowed a refundable credit against the tax	145170
imposed by section 5751.02 of the Revised Code for any taxpayer	145171
that is the certificate owner of a rehabilitation tax credit	145172
certificate issued under section 149.311 of the Revised Code. The	145173
credit shall equal twenty-five per cent of the dollar amount	145174
indicated on the certificate, but shall not exceed five million	145175
dollars. The credit shall be claimed for the calendar year	145176
specified in the certificate and in the order required under	145177
section 5751.98 of the Revised Code. For the purpose of making tax	145178
payments under this chapter, taxes equal to the amount of the	145179
credit shall be considered to be paid to the state on the first	145180
day of the tax period.	145181

(C) A taxpayer claiming a credit under this section shall	145182
retain the rehabilitation tax credit certificate for four years	145183
following the end of the tax period to which the credit was	145184
applied and shall make the certificate available for inspection by	145185
the tax commissioner upon the request of the commissioner during	145186
that four-year period.	145187

(D) Nothing in this section limits or disallows pass-through	145188
treatment of the credit if the certificate owner is a pass-through	145189
entity. If the certificate owner is a pass-through entity, the	145190
credit may be allocated among the entity's equity owners in such	145191
proportions or amounts as the equity owners mutually agree,	145192
whether or not the equity owner allocated the credit is part of a	145193
combined taxpayer or consolidated elected taxpayer group with the	145194
pass-through entity.	145195

(E) Notwithstanding division (B) of this section, a taxpayer	145196
that is a certificate owner and that could have claimed the credit	145197
under section 5733.47 of the Revised Code for tax year 2014 or	145198
2015, as that section existed before its amendment by H.B. 510 of	145199
the 129th general assembly, may claim the credit under this	145200
section for calendar year 2013 or 2014. Nothing in this division	145201
allows a taxpayer to claim the credit more than once.	145202

Sec. 5751.98. (A) To provide a uniform procedure for	145203
calculating the amount of tax due under this chapter, a taxpayer	145204
shall claim any credits to which it is entitled in the following	145205
order:	145206

(1) The nonrefundable jobs retention credit under division	145207
(B) of section 5751.50 of the Revised Code;	145208

(2) The nonrefundable credit for qualified research expenses	145209
under division (B) of section 5751.51 of the Revised Code;	145210

(3) The nonrefundable credit for a borrower's qualified	145211
research and development loan payments under division (B) of	145212
section 5751.52 of the Revised Code;	145213

(4) The nonrefundable credit for calendar years 2010 to 2029	145214
for unused net operating losses under division (B) of section	145215
5751.53 of the Revised Code;	145216

(5) The refundable motion picture production credit under	145217
section 5751.54 of the Revised Code;	145218

(6) The refundable jobs creation credit or job retention	145219
credit under division (A) of section 5751.50 of the Revised Code;	145220

(7) The refundable credit for calendar year 2030 for unused	145221
net operating losses under division (C) of section 5751.53 of the	145222
Revised Code;	145223

(8) The refundable credit for rehabilitating a historic	145224
building under section 5751.55 of the Revised Code.	145225

(B) For any credit except the refundable credits enumerated	145226
in this section, the amount of the credit for a tax period shall	145227
not exceed the tax due after allowing for any other credit that	145228
precedes it in the order required under this section. Any excess	145229
amount of a particular credit may be carried forward if authorized	145230
under the section creating the credit.	145231

Sec. 5753.03. (A) For the purpose of receiving and	145232
distributing, and accounting for, revenue received from the tax	145233
levied by section 5753.02 of the Revised Code, the following funds	145234
are created in the state treasury:	145235

(1) The casino tax revenue fund;

145236

(2) The gross casino revenue county fund;

145237

(3) The gross casino revenue county student fund;

145238

(4) The gross casino revenue host city fund;

145239

(5) The Ohio state racing commission fund;

145240

(6) The Ohio law enforcement training fund;

145241

(7) The problem casino gambling and addictions fund;

145242

(8) The casino control commission fund;

145243

(9) The casino tax administration fund;

145244

(10) The peace officer training academy fund;

145245

(11) The criminal justice services casino tax revenue fund.

145246

(B) All moneys collected from the tax levied under this	145247
chapter shall be deposited into the casino tax revenue fund.	145248

(C) From the casino tax revenue fund the director of budget	145249
and management shall transfer as needed to the tax refund fund	145250
amounts equal to the refunds certified by the tax commissioner	145251
under section 5753.06 of the Revised Code.	145252

(D) After making any transfers required by division (C) of	145253
this section, but not later than the fifteenth day of the month	145254
following the end of each calendar quarter, the director of budget	145255
and management shall transfer amounts to each fund as follows:	145256

(1) Fifty-one per cent to the gross casino revenue county	145257
fund to make payments as required by Section 6(C)(3)(a) of Article	145258
XV, Ohio Constitution;	145259

(2) Thirty-four per cent to the gross casino revenue county	145260
student fund to make payments as required by Section 6(C)(3)(b) of	145261
Article XV, Ohio Constitution and as provided in section 5753.11	145262
of the Revised Code;	145263

(3) Five per cent to the gross casino revenue host city fund	145264
for the benefit of the cities in which casino facilities are	145265
located;	145266

(4) Three per cent to the Ohio state racing commission fund	145267
to support the efforts and activities of the Ohio state racing	145268
commission to promote horse racing in this state at which the	145269
pari-mutuel system of wagering is conducted;	145270

(5) Two per cent to the Ohio law enforcement training fund to	145271
support law enforcement functions in the state;	145272

(6) Two per cent to the problem casino gambling and	145273
addictions fund to support efforts of the department of ~~alcohol~~	145274
~~and drug addiction services~~mental health and addiction services	145275
to alleviate problem gambling and substance abuse and related	145276
research in the state under section ~~3793.032~~5119.47 of the	145277
Revised Code;	145278

(7) Three per cent to the casino control commission fund to	145279
support the operations of the Ohio casino control commission and	145280
to defray the cost of administering the tax levied under section	145281
5753.02 of the Revised Code.	145282

Payments under divisions (D)(1) and (3) of this section shall	145283
be made by the end of the month following the end of the quarterly	145284
period. The tax commissioner shall make the data available to the	145285
director of budget and management for this purpose.	145286

Money in the Ohio state racing commission fund shall be	145287
distributed at the discretion of the Ohio state racing commission	145288
for the purpose stated in division (D)(4) of this section by the	145289
end of the month following the end of the quarterly period. The	145290
commission may retain up to five per cent of the amount	145291
transferred to the fund under division (D)(4) of this section for	145292
operating expenses necessary for the administration of the fund.	145293

Payments from the gross casino revenue county student fund as	145294
required under section 5753.11 of the Revised Code shall be made	145295
by the last day of January and by the last day of August of each	145296
year, beginning in 2013. The tax commissioner shall make the data	145297
available to the director of budget and management for this	145298
purpose.	145299

Of the money credited to the Ohio law enforcement training	145300
fund, the director of budget and management shall distribute	145301
eighty-five per cent of the money to the police officer training	145302
academy fund for the purpose of supporting the law enforcement	145303
training efforts of the Ohio peace officer training academy and	145304
fifteen per cent of the money to the criminal justice services	145305
casino tax revenue fund for the purpose of supporting the law	145306
enforcement training efforts of the division of criminal justice	145307
services.	145308

(E)(1) The tax commissioner shall serve as an agent of the	145309
counties of this state only for the purposes of this division and	145310
solely to make payments directly to municipal corporations and	145311
school districts, as applicable, on the counties' behalf.	145312

(2) On or before the last day of the month following the end	145313
of each calendar quarter, the tax commissioner shall provide for	145314
payment from the funds referenced in divisions (D)(1) and (3) of	145315
this section to each county and municipal corporation as	145316
prescribed in those divisions.	145317

(3) On or before the last day of January and the last day of	145318
August each year, the commissioner shall provide for payments from	145319
the fund referenced in division (D)(2) of this section to each	145320
school district as prescribed in that division.	145321

(F) The director of budget and management shall transfer one	145322
per cent of the money credited to the casino control commission	145323
fund to the casino tax administration fund. The tax commissioner	145324
shall use the casino tax administration fund to defray the costs	145325
incurred in administering the tax levied by this chapter.	145326

(G) All investment earnings of the gross casino revenue	145327
county student fund shall be credited to the fund.	145328

Sec. 5753.07. (A)(1) The tax commissioner may issue an	145329
assessment, based on any information in the tax commissioner's	145330
possession, against a casino operator who fails to pay the tax	145331
levied under section 5753.02 of the Revised Code or to file a	145332
return under section 5753.04 of the Revised Code. The tax	145333
commissioner shall give the casino operator written notice of the	145334
assessment under section 5703.37 of the Revised Code. With the	145335
notice, the tax commissioner shall include instructions on how to	145336
petition for reassessment and on how to request a hearing with	145337
respect to the petition.	145338

(2) Unless the casino operator, within sixty days after	145339
service of the notice of assessment, files with the tax	145340
commissioner, either personally or by certified mail, a written	145341
petition signed by the casino operator, or by the casino	145342
operator's authorized agent who has knowledge of the facts, the	145343
assessment becomes final, and the amount of the assessment is due	145344
and payable from the casino operator to the treasurer of state.	145345
The petition shall indicate the casino operator's objections to	145346
the assessment. Additional objections may be raised in writing if	145347
they are received by the tax commissioner before the date shown on	145348
the final determination.	145349

(3) If a petition for reassessment has been properly filed,	145350
the tax commissioner shall proceed under section 5703.60 of the	145351
Revised Code.	145352

(4) After an assessment becomes final, if any portion of the	145353
assessment, including penalties and accrued interest, remains	145354
unpaid, the tax commissioner may file a certified copy of the	145355
entry making the assessment final in the office of the clerk of	145356
the court of common pleas of Franklin county or in the office of	145357
the clerk of the court of common pleas of the county in which the	145358
casino operator resides, the casino operator's casino facility is	145359
located, or the casino operator's principal place of business in	145360
this state is located. Immediately upon the filing of the entry,	145361
the clerk shall enter a judgment for the state against the	145362
taxpayer assessed in the amount shown on the entry. The judgment	145363
may be filed by the clerk in a loose-leaf book entitled, "special	145364
judgments for the gross casino revenue tax." The judgment has the	145365
same effect as other judgments. Execution shall issue upon the	145366
judgment at the request of the tax commissioner, and all laws	145367
applicable to sales on execution apply to sales made under the	145368
judgment.	145369

(5) ~~The portion of an~~If the assessment is not paid in its	145370
entirety within sixty days after the day the assessment was issued	145371
~~bears~~, the portion of the assessment consisting of tax due shall	145372
bear interest at the rate per annum prescribed by section 5703.47	145373
of the Revised Code from the day the tax commissioner issued the	145374
assessment until the assessment is paid or until it is certified	145375
to the attorney general for collection under section 131.02 of the	145376
Revised Code, whichever comes first. If the unpaid portion of the	145377
assessment is certified to the attorney general for collection,	145378
the entire unpaid portion of the assessment shall bear interest at	145379
the rate per annum prescribed by section 5703.47 of the Revised	145380
Code from the date of certification until the date it is paid in	145381
its entirety. Interest shall be paid in the same manner as the tax	145382
levied under section 5753.02 of the Revised Code and may be	145383
collected by the issuance of an assessment under this section.	145384

(B) If the tax commissioner believes that collection of the	145385
tax levied under section 5753.02 of the Revised Code will be	145386
jeopardized unless proceedings to collect or secure collection of	145387
the tax are instituted without delay, the commissioner may issue a	145388
jeopardy assessment against the casino operator who is liable for	145389
the tax. Immediately upon the issuance of a jeopardy assessment,	145390
the tax commissioner shall file an entry with the clerk of the	145391
court of common pleas in the manner prescribed by division (A)(4)	145392
of this section, and the clerk shall proceed as directed in that	145393
division. Notice of the jeopardy assessment shall be served on the	145394
casino operator or the casino operator's authorized agent under	145395
section 5703.37 of the Revised Code within five days after the	145396
filing of the entry with the clerk. The total amount assessed is	145397
immediately due and payable, unless the casino operator assessed	145398
files a petition for reassessment under division (A)(2) of this	145399
section and provides security in a form satisfactory to the tax	145400
commissioner that is in an amount sufficient to satisfy the unpaid	145401
balance of the assessment. If a petition for reassessment has been	145402
filed, and if satisfactory security has been provided, the tax	145403
commissioner shall proceed under division (A)(3) of this section.	145404
Full or partial payment of the assessment does not prejudice the	145405
tax commissioner's consideration of the petition for reassessment.	145406

(C) The tax commissioner shall immediately forward to the	145407
treasurer of state all amounts the tax commissioner receives under	145408
this section, and the amounts forwarded shall be treated as if	145409
they were revenue arising from the tax levied under section	145410
5753.02 of the Revised Code.	145411

(D) Except as otherwise provided in this division, no	145412
assessment shall be issued against a casino operator for the tax	145413
levied under section 5753.02 of the Revised Code more than four	145414
years after the due date for filing the return for the tax period	145415
for which the tax was reported, or more than four years after the	145416
return for the tax period was filed, whichever is later. This	145417
division does not bar an assessment against a casino operator who	145418
fails to file a return as required by section 5753.04 of the	145419
Revised Code or who files a fraudulent return, or when the casino	145420
operator and the tax commissioner waive in writing the time	145421
limitation.	145422

(E) If the tax commissioner possesses information that	145423
indicates that the amount of tax a casino operator is liable to	145424
pay under section 5753.02 of the Revised Code exceeds the amount	145425
the casino operator paid, the tax commissioner may audit a sample	145426
of the casino operator's gross casino revenue over a	145427
representative period of time to ascertain the amount of tax due,	145428
and may issue an assessment based on the audit. The tax	145429
commissioner shall make a good faith effort to reach agreement	145430
with the casino operator in selecting a representative sample. The	145431
tax commissioner may apply a sampling method only if the tax	145432
commissioner has prescribed the method by rule.	145433

(F) If the whereabouts of a casino operator who is liable for	145434
the tax levied under section 5753.02 of the Revised Code are	145435
unknown to the tax commissioner, the tax commissioner shall	145436
proceed under section 5703.37 of the Revised Code.	145437

(G) If a casino operator fails to pay the tax levied under	145438
section 5753.02 of the Revised Code within a period of one year	145439
after the due date for remitting the tax, the Ohio casino control	145440
commission may suspend the casino operator's license.	145441

Sec. 5815.28. (A) As used in this section:

145442

(1) "Ascertainable standard" includes a standard in a trust	145443
instrument requiring the trustee to provide for the care, comfort,	145444
maintenance, welfare, education, or general well-being of the	145445
beneficiary.	145446

(2) "Disability" means any substantial, medically	145447
determinable impairment that can be expected to result in death or	145448
that has lasted or can be expected to last for a continuous period	145449
of at least twelve months, except that "disability" does not	145450
include an impairment that is the result of abuse of alcohol or	145451
drugs.	145452

(3) "Political subdivision" and "state" have the same	145453
meanings as in section 2744.01 of the Revised Code.	145454

(4) "Supplemental services" means services specified by rule	145455
of the department of ~~mental health~~mental health and addiction	145456
services under section ~~5119.01~~5119.10 of the Revised Code or the	145457
department of developmental disabilities under section 5123.04 of	145458
the Revised Code that are provided to an individual with a	145459
disability in addition to services the individual is eligible to	145460
receive under programs authorized by federal or state law.	145461

(B) Any person may create a trust under this section to	145462
provide funding for supplemental services for the benefit of	145463
another individual who meets either of the following conditions:	145464

(1) The individual has a physical or mental disability and is	145465
eligible to receive services through the department of	145466
developmental disabilities or a county board of developmental	145467
disabilities;	145468

(2) The individual has a mental disability and is eligible to	145469
receive services through the department of ~~mental health~~mental	145470
health and addiction services or a board of alcohol, drug	145471
addiction, and mental health services.	145472

The trust may confer discretion upon the trustee and may	145473
contain specific instructions or conditions governing the exercise	145474
of the discretion.	145475

(C) The general division of the court of common pleas and the	145476
probate court of the county in which the beneficiary of a trust	145477
authorized by division (B) of this section resides or is confined	145478
have concurrent original jurisdiction to hear and determine	145479
actions pertaining to the trust. In any action pertaining to the	145480
trust in a court of common pleas or probate court and in any	145481
appeal of the action, all of the following apply to the trial or	145482
appellate court:	145483

(1) The court shall render determinations consistent with the	145484
testator's or other settlor's intent in creating the trust, as	145485
evidenced by the terms of the trust instrument.	145486

(2) The court may order the trustee to exercise discretion	145487
that the trust instrument confers upon the trustee only if the	145488
instrument contains specific instructions or conditions governing	145489
the exercise of that discretion and the trustee has failed to	145490
comply with the instructions or conditions. In issuing an order	145491
pursuant to this division, the court shall require the trustee to	145492
exercise the trustee's discretion only in accordance with the	145493
instructions or conditions.	145494

(3) The court may order the trustee to maintain the trust and	145495
distribute assets in accordance with rules adopted by the director	145496
of ~~mental health~~mental health and addiction services under	145497
section ~~5119.01~~5119.10 of the Revised Code or the director of	145498
developmental disabilities under section 5123.04 of the Revised	145499
Code if the trustee has failed to comply with such rules.	145500

(D) To the extent permitted by federal law and subject to the	145501
provisions of division (C)(2) of this section pertaining to the	145502
enforcement of specific instructions or conditions governing a	145503
trustee's discretion, a trust authorized by division (B) of this	145504
section that confers discretion upon the trustee shall not be	145505
considered an asset or resource of the beneficiary, the	145506
beneficiary's estate, the settlor, or the settlor's estate and	145507
shall be exempt from the claims of creditors, political	145508
subdivisions, the state, other governmental entities, and other	145509
claimants against the beneficiary, the beneficiary's estate, the	145510
settlor, or the settlor's estate, including claims regarding the	145511
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	145512
or 5123. of the Revised Code and claims sought to be satisfied by	145513
way of a civil action, subrogation, execution, garnishment,	145514
attachment, judicial sale, or other legal process, if all of the	145515
following apply:	145516

(1) At the time the trust is created, the trust principal	145517
does not exceed the maximum amount determined under division (E)	145518
of this section;	145519

(2) The trust instrument contains a statement of the	145520
settlor's intent, or otherwise clearly evidences the settlor's	145521
intent, that the beneficiary does not have authority to compel the	145522
trustee under any circumstances to furnish the beneficiary with	145523
minimal or other maintenance or support, to make payments from the	145524
principal of the trust or from the income derived from the	145525
principal, or to convert any portion of the principal into cash,	145526
whether pursuant to an ascertainable standard specified in the	145527
instrument or otherwise;	145528

(3) The trust instrument provides that trust assets can be	145529
used only to provide supplemental services, as defined by rule of	145530
the director of ~~mental health~~mental health and addiction services	145531
under section ~~5119.01~~5119.10 of the Revised Code or the director	145532
of developmental disabilities under section 5123.04 of the Revised	145533
Code, to the beneficiary;	145534

(4) The trust is maintained and assets are distributed in	145535
accordance with rules adopted by the director of ~~mental health~~	145536
mental health and addiction services under section ~~5119.01~~5119.10	145537
of the Revised Code or the director of developmental disabilities	145538
under section 5123.04 of the Revised Code;	145539

(5) The trust instrument provides that on the death of the	145540
beneficiary, a portion of the remaining assets of the trust, which	145541
shall be not less than fifty per cent of such assets, will be	145542
deposited to the credit of the services fund for individuals with	145543
mental illness created by section ~~5119.17~~5119.51 of the Revised	145544
Code or the services fund for individuals with mental retardation	145545
and developmental disabilities created by section 5123.40 of the	145546
Revised Code.	145547

(E) In 1994, the trust principal maximum amount for a trust	145548
created under this section shall be two hundred thousand dollars.	145549
The maximum amount for a trust created under this section prior to	145550
November 11, 1994, may be increased to two hundred thousand	145551
dollars.	145552

In 1995, the maximum amount for a trust created under this	145553
section shall be two hundred two thousand dollars. Each year	145554
thereafter, the maximum amount shall be the prior year's amount	145555
plus two thousand dollars.	145556

(F) This section does not limit or otherwise affect the	145557
creation, validity, interpretation, or effect of any trust that is	145558
not created under this section.	145559

(G) Once a trustee takes action on a trust created by a	145560
settlor under this section and disburses trust funds on behalf of	145561
the beneficiary of the trust, then the trust may not be terminated	145562
or otherwise revoked by a particular event or otherwise without	145563
payment into the services fund created pursuant to section ~~5119.17~~	145564
5119.51 or 5123.40 of the Revised Code of an amount that is equal	145565
to the disbursements made on behalf of the beneficiary for medical	145566
care by the state from the date the trust vests but that is not	145567
more than fifty per cent of the trust corpus.	145568

Sec. 5902.02. The duties of the director of veterans	145569
services shall include the following:	145570

(A) Furnishing the veterans service commissions of all	145571
counties of the state copies of the state laws, rules, and	145572
legislation relating to the operation of the commissions and their	145573
offices;	145574

(B) Upon application, assisting the general public in	145575
obtaining records of vital statistics pertaining to veterans or	145576
their dependents;	145577

(C) Adopting rules pursuant to Chapter 119. of the Revised	145578
Code pertaining to minimum qualifications for hiring, certifying,	145579
and accrediting county veterans service officers, pertaining to	145580
their required duties, and pertaining to revocation of the	145581
certification of county veterans service officers;	145582

(D) Adopting rules pursuant to Chapter 119. of the Revised	145583
Code for the education, training, certification, and duties of	145584
veterans service commissioners and for the revocation of the	145585
certification of a veterans service commissioner;	145586

(E) Developing and monitoring programs and agreements	145587
enhancing employment and training for veterans in single or	145588
multiple county areas;	145589

(F) Developing and monitoring programs and agreements to	145590
enable county veterans service commissions to address	145591
homelessness, indigency, and other veteran-related issues	145592
individually or jointly;	145593

(G) Developing and monitoring programs and agreements to	145594
enable state agencies, individually or jointly, that provide	145595
services to veterans, including the veterans' homes operated under	145596
Chapter 5907. of the Revised Code and the director of job and	145597
family services, to address homelessness, indigency, employment,	145598
and other veteran-related issues;	145599

(H) Establishing and providing statistical reporting formats	145600
and procedures for county veterans service commissions;	145601

(I) Publishing electronically a listing of county veterans	145602
service offices and county veterans service commissioners. The	145603
listing shall include the expiration dates of commission members'	145604
terms of office and the organizations they represent; the names,	145605
addresses, and telephone numbers of county veterans service	145606
offices; and the addresses and telephone numbers of the Ohio	145607
offices and headquarters of state and national veterans service	145608
organizations.	145609

(J) Establishing a veterans advisory committee to advise and	145610
assist the department of veterans services in its duties. Members	145611
shall include a member of the national guard association of the	145612
United States who is a resident of this state, a member of the	145613
military officers association of America who is a resident of this	145614
state, a state representative of congressionally chartered	145615
veterans organizations referred to in section 5901.02 of the	145616
Revised Code, a representative of any other congressionally	145617
chartered state veterans organization that has at least one	145618
veterans service commissioner in the state, three representatives	145619
of the Ohio state association of county veterans service	145620
commissioners, who shall have a combined vote of one, three	145621
representatives of the state association of county veterans	145622
service officers, who shall have a combined vote of one, one	145623
representative of the county commissioners association of Ohio,	145624
who shall be a county commissioner not from the same county as any	145625
of the other county representatives, a representative of the	145626
advisory committee on women veterans, a representative of a labor	145627
organization, and a representative of the office of the attorney	145628
general. The department of veterans services shall submit to the	145629
advisory committee proposed rules for the committee's operation.	145630
The committee may review and revise these proposed rules prior to	145631
submitting them to the joint committee on agency rule review.	145632

(K) Adopting, with the advice and assistance of the veterans	145633
advisory committee, policy and procedural guidelines that the	145634
veterans service commissions shall adhere to in the development	145635
and implementation of rules, policies, procedures, and guidelines	145636
for the administration of Chapter 5901. of the Revised Code. The	145637
department of veterans services shall adopt no guidelines or rules	145638
regulating the purposes, scope, duration, or amounts of financial	145639
assistance provided to applicants pursuant to sections 5901.01 to	145640
5901.15 of the Revised Code. The director of veterans services may	145641
obtain opinions from the office of the attorney general regarding	145642
rules, policies, procedures, and guidelines of the veterans	145643
service commissions and may enforce compliance with Chapter 5901.	145644
of the Revised Code.	145645

(L) Receiving copies of form DD214 filed in accordance with	145646
the director's guidelines adopted under division (L) of this	145647
section from members of veterans service commissions appointed	145648
under section 5901.02 and from county veterans service officers	145649
employed under section 5901.07 of the Revised Code;	145650

(M) Developing and maintaining and improving a resource, such	145651
as a telephone answering point or a web site, by means of which	145652
veterans and their dependents, through a single portal, can access	145653
multiple sources of information and interaction with regard to the	145654
rights of, and the benefits available to, veterans and their	145655
dependents. The director of veterans services may enter into	145656
agreements with state and federal agencies, with agencies of	145657
political subdivisions, with state and local instrumentalities,	145658
and with private entities as necessary to make the resource as	145659
complete as is possible.	145660

(N) Planning, organizing, advertising, and conducting	145661
outreach efforts, such as conferences and fairs, at which veterans	145662
and their dependents may meet, learn about the organization and	145663
operation of the department of veterans services and of veterans	145664
service commissions, and obtain information about the rights of,	145665
and the benefits and services available to, veterans and their	145666
dependents;	145667

(O) Advertising, in print, on radio and television, and	145668
otherwise, the rights of, and the benefits and services available	145669
to, veterans and their dependents;	145670

(P) Developing and advocating improved benefits and services	145671
for, and improved delivery of benefits and services to, veterans	145672
and their dependents;	145673

(Q) Searching for, identifying, and reviewing statutory and	145674
administrative policies that relate to veterans and their	145675
dependents and reporting to the general assembly statutory and	145676
administrative policies that should be consolidated in whole or in	145677
part within the organization of the department of veterans	145678
services to unify funding, delivery, and accounting of statutory	145679
and administrative policy expressions that relate particularly to	145680
veterans and their dependents;	145681

(R) Encouraging veterans service commissions to innovate and	145682
otherwise to improve efficiency in delivering benefits and	145683
services to veterans and their dependents and to report successful	145684
innovations and efficiencies to the director of veterans services;	145685

(S) Publishing and encouraging adoption of successful	145686
innovations and efficiencies veterans service commissions have	145687
achieved in delivering benefits and services to veterans and their	145688
dependents;	145689

(T) Establishing advisory committees, in addition to the	145690
veterans advisory committee established under division (K) of this	145691
section, on veterans issues;	145692

(U) Developing and maintaining a relationship with the United	145693
States department of veterans affairs, seeking optimal federal	145694
benefits and services for Ohio veterans and their dependents, and	145695
encouraging veterans service commissions to maximize the federal	145696
benefits and services to which veterans and their dependents are	145697
entitled;	145698

(V) Developing and maintaining relationships with the several	145699
veterans organizations, encouraging the organizations in their	145700
efforts at assisting veterans and their dependents, and advocating	145701
for adequate state subsidization of the organizations;	145702

(W) Requiring the several veterans organizations that receive	145703
funding from the state annually, not later than the thirtieth day	145704
of July, to report to the director of veterans services and	145705
prescribing the form and content of the report;	145706

(X) Reviewing the reports submitted to the director under	145707
division (W) of this section within thirty days of receipt and	145708
informing the veterans organization of any deficiencies that exist	145709
in the organization's report and that funding will not be released	145710
until the deficiencies have been corrected and a satisfactory	145711
report submitted;	145712

(Y) Advising the director of budget and management when a	145713
report submitted to the director under division (W) of this	145714
section has been reviewed and determined to be satisfactory;	145715

(Z) Furnishing copies of all reports that the director of	145716
veterans services has determined have been submitted	145717
satisfactorily under division (W) of this section to the	145718
chairperson of the finance committees of the general assembly;	145719

(AA) Investigating complaints against county veterans	145720
services commissioners and county veterans service officers if the	145721
director reasonably believes the investigation to be appropriate	145722
and necessary;	145723

~~(Y)~~(BB) Taking any other actions required by this chapter.

145724

Sec. 5905.02. Whenever it appears that a person is eligible	145725
for care or treatment by the veterans' administration or other	145726
agency of the United States, and hospitalization is necessary for	145727
the proper care or treatment of such person, the probate court,	145728
upon receipt of a certificate from the veterans' administration or	145729
such other agency showing that facilities are available and such	145730
person is eligible for care or treatment therein, may order such	145731
person to said veterans' administration or other agency for care	145732
and treatment.	145733

Upon admission, such person shall be subject to the	145734
applicable regulations of the veterans' administration or other	145735
agency of the United States. The chief officer of any hospital to	145736
which any person is admitted pursuant to hospitalization as	145737
provided in sections 5905.01 to 5905.19 of the Revised Code, or	145738
under the law in effect at the time of such admission, shall have	145739
the same powers as are exercised by heads of hospitals for mental	145740
diseases and the department of ~~mental health~~mental health and	145741
addiction services with respect to the retention, transfer,	145742
parole, or discharge of the person hospitalized; provided no	145743
person shall be transferred to a hospital operated by the state or	145744
any political subdivision thereof without the consent of such	145745
department.	145746

The right of such person to appear and defend shall not be	145747
denied.	145748

The judgment or order of hospitalization by a court of	145749
competent jurisdiction of another state ordering a person to the	145750
veterans' administration or other agency of the United States, or	145751
any hospital operated by any such agency, for care or treatment	145752
shall have the same effect as to such person while in this state	145753
as in the state in which the court entering such judgment or	145754
making such order is situated, provided that no nonresident	145755
ordered to a veterans' administration facility located in Ohio	145756
shall thereby acquire a legal settlement in Ohio.	145757

Upon receipt of a certificate that facilities are available	145758
in any such hospital operated by the United States for the care or	145759
treatment of any person ordered to any hospital for the mentally	145760
ill or other hospital in this state for the care of persons	145761
similarly afflicted, and that such person is eligible for such	145762
care or treatment, such department may transfer any such person to	145763
the veterans' administration or other agency of the United States	145764
in the state. Upon effecting any such transfer, the ordering court	145765
shall be notified thereof by the transferring agency; provided	145766
that no such person shall be transferred if hethe person is	145767
confined pursuant to conviction of any crime or misdemeanor, or if	145768
hethe person has been acquitted of any such charge solely on the	145769
ground of insanity, unless prior to such transfer the court	145770
originally ordering such person enters an order for such transfer	145771
after appropriate motion and hearing.	145772

Any person transferred as provided in this section is ordered	145773
to the veterans' administration or other agency of the United	145774
States pursuant to the original order as though hethe person had	145775
been originally so ordered.	145776

Sec. 5910.02. There is hereby created an Ohio war orphans	145777
scholarship board as part of the department of veterans services.	145778
The board consists of eight members as follows: the chancellor of	145779
the Ohio board of regents or the chancellor's designee; the	145780
director of veterans services or the director's designee; one	145781
member of the house of representatives, appointed by the speaker;	145782
one member of the senate, appointed by the president of the	145783
senate; and four members appointed by the governor, one of whom	145784
shall be a representative of the American Legion, one of whom	145785
shall be a representative of the Veterans of Foreign Wars, one of	145786
whom shall be a representative of the Disabled American Veterans,	145787
and one of whom shall be a representative of the AMVETS. At least	145788
ninety days prior to the expiration of the term of office of the	145789
representative of a veterans organization appointed by the	145790
governor, the governor shall notify the state headquarters of the	145791
affected organization of the need for an appointment and request	145792
the organization to make at least three nominations. Within sixty	145793
days after making the request for nominations, the governor may	145794
make the appointment from the nominations received, or may reject	145795
all the nominations and request at least three new nominations,	145796
from which the governor shall make an appointment within thirty	145797
days after making the request for the new nominations. If the	145798
governor receives no nominations during this thirty-day period,	145799
the governor may appoint any veteran.	145800

Terms of office for the four members appointed by the	145801
governor shall be for four years, commencing on the first day of	145802
January and ending on the thirty-first day of December, except	145803
that the term of the AMVETS representative shall expire December	145804
31, 1998, and the new term that succeeds it shall commence on	145805
January 1, 1999, and end on December 31, 2002. Each member shall	145806
hold office from the date of the member's appointment until the	145807
end of the term for which the member was appointed. The other	145808
members shall serve during their terms of office. Any vacancy	145809
shall be filled by appointment in the same manner as by original	145810
appointment. Any member appointed to fill a vacancy occurring	145811
prior to the expiration of the term for which the member's	145812
predecessor was appointed shall hold office for the remainder of	145813
such term. Any appointed member shall continue in office	145814
subsequent to the expiration date of the member's term until the	145815
member's successor takes office, or until a period of sixty days	145816
has elapsed, whichever occurs first. The members of the board	145817
shall serve without pay but shall be reimbursed for travel	145818
expenses and for other actual and necessary expenses incurred in	145819
the performance of their duties, not to exceed ten dollars per day	145820
for ten days in any one year to be appropriated out of any moneys	145821
in the state treasury to the credit of the general revenue fund.	145822

The chancellor of the board of regents shall act as secretary	145823
to the board and shall furnish such clerical and other assistance	145824
as may be necessary to the performance of the duties of the board.	145825

The board shall determine the number of scholarships to be	145826
made available, receive applications for scholarships, pass upon	145827
the eligibility of applicants, decide which applicants are to	145828
receive scholarships, and do all other things necessary for the	145829
proper administration of this chapter.	145830

The board may apply for, and may receive and accept, grants,	145831
and may receive and accept gifts, bequests, and contributions,	145832
from public and private sources, including agencies and	145833
instrumentalities of the United States and this state, and shall	145834
deposit the grants, gifts, bequests, or contributions into the	145835
Ohio war orphans scholarship donation fund.	145836

Sec. 5910.07. The Ohio war orphans scholarship donation fund	145837
is created in the state treasury. The fund shall consist of gifts,	145838
bequests, grants, and contributions made to the fund under section	145839
5910.02 of the Revised Code. Investment earnings of the fund shall	145840
be deposited into the fund. The fund shall be used to operate the	145841
war orphans scholarship program and to provide grants under	145842
sections 5910.01 to 5910.06 of the Revised Code.	145843

Sec. 5910.08. There is hereby created in the state treasury	145844
the war orphans scholarship reserve fund. Not later than the first	145845
day of July of each fiscal year, the chancellor of the Ohio board	145846
of regents shall certify to the director of budget and management	145847
the unencumbered balance of the general revenue fund	145848
appropriations made in the immediately preceding fiscal year for	145849
purposes of the war orphans scholarship program created in Chapter	145850
5910. of the Revised Code. Upon receipt of the certification, the	145851
director may transfer an amount not exceeding the certified amount	145852
from the general revenue fund to the war orphans scholarship	145853
reserve fund. Moneys in the war orphans scholarship reserve fund	145854
shall be used to pay scholarship obligations in excess of the	145855
general revenue fund appropriations made for that purpose.	145856

The director may transfer any unencumbered balance from the	145857
war orphans scholarship reserve fund to the general revenue fund.	145858

Sec. 5919.34. (A) As used in this section:

145859

(1) "Academic term" means any one of the following:

145860

(a) Fall term, which consists of fall semester or fall	145861
quarter, as appropriate;	145862

(b) Winter term, which consists of winter semester, winter	145863
quarter, or spring semester, as appropriate;	145864

145865

(d) Summer term, which consists of summer semester or summer	145866
quarter, as appropriate.	145867

(2) "Eligible applicant" means any individual to whom all of	145868
the following apply:	145869

(a) The individual does not possess a baccalaureate degree.

145870

(b) The individual has enlisted, re-enlisted, or extended	145871
current enlistment in the Ohio national guard or is an individual	145872
to which division (F) of this section applies.	145873

(c) The individual is actively enrolled as a full-time or	145874
part-time student for at least three credit hours of course work	145875
in a semester or quarter in a two-year or four-year	145876
degree-granting program at a state institution of higher education	145877
or a private institution of higher education, or in a	145878
diploma-granting program at a state or private institution of	145879
higher education that is a school of nursing.	145880

(d) The individual has not accumulated ninety-six eligibility	145881
units under division (E) of this section.	145882

(3) "State institution of higher education" means any state	145883
university or college as defined in division (A)(1) of section	145884
3345.12 of the Revised Code, community college established under	145885
Chapter 3354. of the Revised Code, state community college	145886
established under Chapter 3358. of the Revised Code, university	145887
branch established under Chapter 3355. of the Revised Code, or	145888
technical college established under Chapter 3357. of the Revised	145889
Code.	145890

(4) "Private institution of higher education" means an Ohio	145891
institution of higher education that is nonprofit and has received	145892
a certificate of authorization pursuant to Chapter 1713. of the	145893
Revised Code, that is a private institution exempt from regulation	145894
under Chapter 3332. of the Revised Code as prescribed in section	145895
3333.046 of the Revised Code, or that holds a certificate of	145896
registration and program authorization issued by the state board	145897
of career colleges and schools pursuant to section 3332.05 of the	145898
Revised Code.	145899

(5) "Tuition" means the charges imposed to attend an	145900
institution of higher education and includes general and	145901
instructional fees. "Tuition" does not include laboratory fees,	145902
room and board, or other similar fees and charges.	145903

(B) There is hereby created a scholarship program to be known	145904
as the Ohio national guard scholarship program.	145905

(C) The adjutant general shall approve scholarships for all	145906
eligible applicants. The adjutant general shall process all	145907
applications for scholarships for each academic term in the order	145908
in which they are received. The scholarships shall be made without	145909
regard to financial need. At no time shall one person be placed in	145910
priority over another because of sex, race, or religion.	145911

(D)(1) Except as provided in divisions (I) and (J) of this	145912
section, for each academic term that an eligible applicant is	145913
approved for a scholarship under this section and either remains a	145914
current member in good standing of the Ohio national guard or is	145915
eligible for a scholarship under division (F)(1) of this section,	145916
the institution of higher education in which the applicant is	145917
enrolled shall, if the applicant's enlistment obligation extends	145918
beyond the end of that academic term or if division (F)(1) of this	145919
section applies, be paid on the applicant's behalf the applicable	145920
one of the following amounts:	145921

(a) If the institution is a state institution of higher	145922
education, an amount equal to one hundred per cent of the	145923
institution's tuition charges;	145924

(b) If the institution is a nonprofit private institution or	145925
a private institution exempt from regulation under Chapter 3332.	145926
of the Revised Code as prescribed in section 3333.046 of the	145927
Revised Code, an amount equal to one hundred per cent of the	145928
average tuition charges of all state universities;	145929

(c) If the institution is an institution that holds a	145930
certificate of registration from the state board of career	145931
colleges and schools, the lesser of the following:	145932

(i) An amount equal to one hundred per cent of the	145933
institution's tuition;	145934

(ii) An amount equal to one hundred per cent of the average	145935
tuition charges of all state universities, as that term is defined	145936
in section 3345.011 of the Revised Code.	145937

(2) An eligible applicant's scholarship shall not be reduced	145938
by the amount of that applicant's benefits under "the Montgomery	145939
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	145940

(E) A scholarship recipient under this section shall be	145941
entitled to receive scholarships under this section for the number	145942
of quarters or semesters it takes the recipient to accumulate	145943
ninety-six eligibility units as determined under divisions (E)(1)	145944
to (3) of this section.	145945

(1) To determine the maximum number of semesters or quarters	145946
for which a recipient is entitled to a scholarship under this	145947
section, the adjutant general shall convert a recipient's credit	145948
hours of enrollment for each academic term into eligibility units	145949
in accordance with the following table:	145950

		The			145951
Number of		following		The following	145952
credit hours		number of		number of	145953
of enrollment		eligibility		eligibility	145954
in an academic		units if a		units if a	145955
term	equals	semester	or	quarter	145956
					145957
12 or more hours		12 units		8 units	145958
9 but less than 12		9 units		6 units	145959
6 but less than 9		6 units		4 units	145960
3 but less than 6		3 units		2 units	145961

(2) A scholarship recipient under this section may continue	145962
to apply for scholarships under this section until the recipient	145963
has accumulated ninety-six eligibility units.	145964

(3) If a scholarship recipient withdraws from courses prior	145965
to the end of an academic term so that the recipient's enrollment	145966
for that academic term is less than three credit hours, no	145967
scholarship shall be paid on behalf of that person for that	145968
academic term. Except as provided in division (F)(3) of this	145969
section, if a scholarship has already been paid on behalf of the	145970
person for that academic term, the adjutant general shall add to	145971
that person's accumulated eligibility units the number of	145972
eligibility units for which the scholarship was paid.	145973

(F) This division applies to any eligible applicant called	145974
into active duty on or after September 11, 2001. As used in this	145975
division, "active duty" means active duty pursuant to an executive	145976
order of the president of the United States, an act of the	145977
congress of the United States, or section 5919.29 or 5923.21 of	145978
the Revised Code.	145979

(1) For a period of up to five years from when an	145980
individual's enlistment obligation in the Ohio national guard	145981
ends, an individual to whom this division applies is eligible for	145982
scholarships under this section for those academic terms that were	145983
missed or could have been missed as a result of the individual's	145984
call into active duty. Scholarships shall not be paid for the	145985
academic term in which an eligible applicant's enlistment	145986
obligation ends unless an applicant is eligible under this	145987
division for a scholarship for such academic term due to previous	145988
active duty.	145989

(2) When an individual to whom this division applies	145990
withdraws or otherwise fails to complete courses, for which	145991
scholarships have been awarded under this section, because the	145992
individual was called into active duty, the institution of higher	145993
education shall grant the individual a leave of absence from the	145994
individual's education program and shall not impose any academic	145995
penalty for such withdrawal or failure to complete courses.	145996
Division (F)(2) of this section applies regardless of whether or	145997
not the scholarship amount was paid to the institution of higher	145998
education.	145999

(3) If an individual to whom this division applies withdraws	146000
or otherwise fails to complete courses because the individual was	146001
called into active duty, and if scholarships for those courses	146002
have already been paid, either:	146003

(a) The adjutant general shall not add to that person's	146004
accumulated eligibility units calculated under division (E) of	146005
this section the number of eligibility units for the academic	146006
courses or term for which the scholarship was paid and the	146007
institution of higher education shall repay the scholarship amount	146008
to the state.	146009

(b) The adjutant general shall add to that individual's	146010
accumulated eligibility units calculated under division (E) of	146011
this section the number of eligibility units for the academic	146012
courses or term for which the scholarship was paid if the	146013
institution of higher education agrees to permit the individual to	146014
complete the remainder of the academic courses in which the	146015
individual was enrolled at the time the individual was called into	146016
active duty.	146017

(4) No individual who is discharged from the Ohio national	146018
guard under other than honorable conditions shall be eligible for	146019
scholarships under this division.	146020

(G) A scholarship recipient under this section who fails to	146021
complete the term of enlistment, re-enlistment, or extension of	146022
current enlistment the recipient was serving at the time a	146023
scholarship was paid on behalf of the recipient under this section	146024
is liable to the state for repayment of a percentage of all Ohio	146025
national guard scholarships paid on behalf of the recipient under	146026
this section, plus interest at the rate of ten per cent per annum	146027
calculated from the dates the scholarships were paid. This	146028
percentage shall equal the percentage of the current term of	146029
enlistment, re-enlistment, or extension of enlistment a recipient	146030
has not completed as of the date the recipient is discharged from	146031
the Ohio national guard.	146032

The attorney general may commence a civil action on behalf of	146033
the chancellor of the Ohio board of regents to recover the amount	146034
of the scholarships and the interest provided for in this division	146035
and the expenses incurred in prosecuting the action, including	146036
court costs and reasonable attorney's fees. A scholarship	146037
recipient is not liable under this division if the recipient's	146038
failure to complete the term of enlistment being served at the	146039
time a scholarship was paid on behalf of the recipient under this	146040
section is due to the recipient's death or discharge from the	146041
national guard due to disability.	146042

(H) On or before the first day of each academic term, the	146043
adjutant general shall provide an eligibility roster to the	146044
chancellor and to each institution of higher education at which	146045
one or more scholarship recipients have applied for enrollment.	146046
The institution shall use the roster to certify the actual	146047
full-time or part-time enrollment of each scholarship recipient	146048
listed as enrolled at the institution and return the roster to the	146049
adjutant general and the chancellor. Except as provided in	146050
division (J) of this section, the chancellor shall provide for	146051
payment of the appropriate number and amount of scholarships to	146052
each institution of higher education pursuant to division (D) of	146053
this section. If an institution of higher education fails to	146054
certify the actual enrollment of a scholarship recipient listed as	146055
enrolled at the institution within thirty days of the end of an	146056
academic term, the institution shall not be eligible to receive	146057
payment from the Ohio national guard scholarship program or from	146058
the individual enrollee. The adjutant general shall report on a	146059
semiannual basis to the director of budget and management, the	146060
speaker of the house of representatives, the president of the	146061
senate, and the chancellor the number of Ohio national guard	146062
scholarship recipients, the size of the scholarship-eligible	146063
population, and a projection of the cost of the program for the	146064
remainder of the biennium.	146065

(I) The chancellor and the adjutant general may adopt rules	146066
pursuant to Chapter 119. of the Revised Code governing the	146067
administration and fiscal management of the Ohio national guard	146068
scholarship program and the procedure by which the chancellor and	146069
the department of the adjutant general may modify the amount of	146070
scholarships a member receives based on the amount of other state	146071
financial aid a member receives.	146072

(J) The adjutant general, the chancellor, and the director,	146073
or their designees, shall jointly estimate the costs of the Ohio	146074
national guard scholarship program for each upcoming fiscal	146075
biennium, and shall report that estimate prior to the beginning of	146076
the fiscal biennium to the chairpersons of the finance committees	146077
in the general assembly. During each fiscal year of the biennium,	146078
the adjutant general, the chancellor, and the director, or their	146079
designees, shall meet regularly to monitor the actual costs of the	146080
Ohio national guard scholarship program and update cost	146081
projections for the remainder of the biennium as necessary. If the	146082
amounts appropriated for the Ohio national guard scholarship	146083
program and any funds in the Ohio national guard scholarship	146084
reserve fund and the Ohio national guard scholarship donation fund	146085
are not adequate to provide scholarships in the amounts specified	146086
in division (D)(1) of this section for all eligible applicants,	146087
the chancellor shall do all of the following:	146088

(1) Notify each private institution of higher education,	146089
where a scholarship recipient is enrolled, that, by accepting the	146090
Ohio national guard scholarship program as payment for all or part	146091
of the institution's tuition, the institution agrees that if the	146092
chancellor reduces the amount of each scholarship, the institution	146093
shall provide each scholarship recipient a grant or tuition waiver	146094
in an amount equal to the amount the recipient's scholarship was	146095
reduced by the chancellor.	146096

(2) Reduce the amount of each scholarship under division	146097
(D)(1)(a) of this section proportionally based on the amount of	146098
remaining available funds. Each state institution of higher	146099
education shall provide each scholarship recipient under division	146100
(D)(1)(a) of this section a grant or tuition waiver in an amount	146101
equal to the amount the recipient's scholarship was reduced by the	146102
chancellor.	146103

(K) Notwithstanding division (A) of section 127.14 of the	146104
Revised Code, the controlling board shall not transfer all or part	146105
of any appropriation for the Ohio national guard scholarship	146106
program.	146107

(L) The chancellor and the adjutant general may apply for,	146108
and may receive and accept grants, and may receive and accept	146109
gifts, bequests, and contributions, from public and private	146110
sources, including agencies and instrumentalities of the United	146111
States and this state, and shall deposit the grants, gifts,	146112
bequests, or contributions into the national guard scholarship	146113
~~reserve~~donation fund.	146114

Sec. 5919.342. The national guard scholarship donation fund	146115
is created in the state treasury. The fund shall consist of gifts,	146116
bequests, grants, and contributions made to the fund under	146117
division (L) of section 5919.34 of the Revised Code. Investment	146118
earnings of the fund shall be deposited into the fund. The fund	146119
shall be used to operate the Ohio national guard scholarship	146120
program created under section 5919.34 of the Revised Code.	146121

Sec. 5924.502. (A) If the issue of an accused's competence	146122
to stand trial is raised or if an accused enters a plea of not	146123
guilty by reason of insanity, the court may order one or more	146124
evaluations of the accused's present mental condition or, in the	146125
case of a plea of not guilty by reason of insanity, of the	146126
accused's mental condition at the time of the offense charged. An	146127
examiner shall conduct the evaluation.	146128

(B) If the court orders more than one evaluation under	146129
division (A) of this section, the trial counsel and the defense	146130
counsel may recommend to the court an examiner whom each prefers	146131
to perform one of the evaluations. If an accused enters a plea of	146132
not guilty by reason of insanity and if the court does not	146133
designate an examiner recommended by the defense counsel, the	146134
court shall inform the accused that the accused may have	146135
independent expert evaluation and that it will be obtained for the	146136
accused at public expense.	146137

(C) If the court orders an evaluation under division (A) of	146138
this section, the accused shall be available at the times and	146139
places established by the examiners who are to conduct the	146140
evaluation. The court may order an accused who is not being held	146141
in pretrial confinement to submit to an evaluation under this	146142
section. If an accused who is not being held in pretrial	146143
confinement refuses to submit to a complete evaluation, the court	146144
may order the sheriff to take the accused into custody and deliver	146145
the accused to a center, program, or facility operated or	146146
certified by the department of ~~mental health~~mental health and	146147
addiction services where the accused may be held for evaluation	146148
for a reasonable period of time not to exceed twenty days.	146149

(D) An accused who is being held in pretrial confinement may	146150
be evaluated at the accused's place of detention. Upon the request	146151
of the examiner, the court may order the sheriff to transport the	146152
accused to a program or facility operated or certified by the	146153
department of ~~mental health~~mental health and addiction services,	146154
where the accused may be held for evaluation for a reasonable	146155
period of time not to exceed twenty days, and to return the	146156
accused to the place of detention after the evaluation.	146157

(E) If a court orders the evaluation to determine an	146158
accused's mental condition at the time of the offense charged, the	146159
court shall inform the examiner of the offense with which the	146160
accused is charged.	146161

(F) In conducting an evaluation of an accused's mental	146162
condition at the time of the offense charged, the examiner shall	146163
consider all relevant evidence. If the offense charged involves	146164
the use of force against another person, the relevant evidence to	146165
be considered includes, but is not limited to, any evidence that	146166
the accused suffered at the time of the commission of the offense	146167
from the "battered woman syndrome."	146168

(G) The examiner shall file a written report with the court	146169
within thirty days after entry of a court order for evaluation,	146170
and the court shall provide copies of the report to the trial	146171
counsel and defense counsel. The report shall include all of the	146172
following:	146173

(1) The examiner's findings;

146174

(2) The facts in reasonable detail on which the findings are	146175
based;	146176

(3) If the evaluation was ordered to determine the accused's	146177
competence to stand trial, all of the following findings or	146178
recommendations that are applicable:	146179

(a) Whether the accused is capable of understanding the	146180
nature and objective of the proceedings against the accused or of	146181
assisting in the accused's defense;	146182

(b) If the examiner's opinion is that the accused is	146183
incapable of understanding the nature and objective of the	146184
proceedings against the accused or of assisting in the accused's	146185
defense, whether the accused presently is mentally ill;	146186

(c) If the examiner's opinion is that the accused is	146187
incapable of understanding the nature and objective of the	146188
proceedings against the accused or of assisting in the accused's	146189
defense, the examiner's opinion as to the likelihood of the	146190
accused becoming capable of understanding the nature and objective	146191
of the proceedings against the accused and of assisting in the	146192
accused's defense within one year if the accused is provided with	146193
a course of treatment;	146194

(d) If the examiner's opinion is that the accused is	146195
incapable of understanding the nature and objective of the	146196
proceedings against the accused or of assisting in the accused's	146197
defense and that the accused presently is mentally ill, the	146198
examiner's recommendation as to the least restrictive placement or	146199
commitment alternative, consistent with the accused's treatment	146200
needs for restoration to competency and with the safety of the	146201
community;	146202

(e) If the accused is charged before a special or summary	146203
court-martial with an offense that is not a violation of section	146204
5924.120, 5924.127, or 5924.128 of the Revised Code and the	146205
examiner's opinion is that the accused is incapable of	146206
understanding the nature and objective of the proceedings against	146207
the accused or of assisting in the accused's defense and that the	146208
accused is presently mentally ill, the examiner's recommendation	146209
as to whether the accused is amenable to engagement in mental	146210
health treatment.	146211

(4) If the evaluation was ordered to determine the accused's	146212
mental condition at the time of the offense charged, the	146213
examiner's findings as to whether the accused at the time of the	146214
offense charged did not know, as a result of a severe mental	146215
disease or defect, the wrongfulness of the accused's acts charged.	146216

(H) An examiner appointed under divisions (A) and (B) of this	146217
section to evaluate an accused to determine the accused's	146218
competence to stand trial also may be appointed to evaluate an	146219
accused who has entered a plea of not guilty by reason of	146220
insanity, but an examiner of that nature shall prepare separate	146221
reports on the issue of competence to stand trial and the defense	146222
of not guilty by reason of insanity.	146223

(I) No statement that an accused makes in an evaluation or	146224
hearing under divisions (A) to (H) of this section relating to the	146225
accused's competence to stand trial or to the accused's mental	146226
condition at the time of the offense charged may be used against	146227
the accused on the issue of guilt in any criminal action or	146228
proceeding, but, in a criminal action or proceeding, the trial	146229
counsel or defense counsel may call as a witness any person who	146230
evaluated the accused or prepared a report pursuant to a referral	146231
under this section. Neither the appointment nor the testimony of	146232
an examiner appointed under this section precludes the trial	146233
counsel or defense counsel from calling other witnesses or	146234
presenting other evidence on competency or insanity issues.	146235

(J) Persons appointed as examiners under divisions (A) and	146236
(B) of this section or under division (H) of this section shall be	146237
paid a reasonable amount for their services and expenses, as	146238
certified by the court.	146239

Sec. 5924.503. (A) If the issue of an accused's competence	146240
to stand trial is raised and if the court, upon conducting the	146241
hearing provided for in section 5924.502 of the Revised Code,	146242
finds that the accused is competent to stand trial, the accused	146243
shall be proceeded against as provided by law. If the court finds	146244
the accused competent to stand trial and the accused is receiving	146245
psychotropic drugs or other medication, the court may authorize	146246
the continued administration of the drugs or medication or other	146247
appropriate treatment in order to maintain the accused's	146248
competence to stand trial unless the accused's attending physician	146249
advises the court against continuation of the drugs, other	146250
medication, or treatment.	146251

(B)(1)(a) If, after taking into consideration all relevant	146252
reports, information, and other evidence, the court finds that the	146253
accused is incompetent to stand trial and that there is a	146254
substantial probability that the accused will become competent to	146255
stand trial within one year if the accused is provided with a	146256
course of treatment, the court shall order the accused to undergo	146257
treatment. If the accused is being tried by a general	146258
court-martial and if, after taking into consideration all relevant	146259
reports, information, and other evidence, the court finds that the	146260
accused is incompetent to stand trial, but the court is unable at	146261
that time to determine whether there is a substantial probability	146262
that the accused will become competent to stand trial within one	146263
year if the accused is provided with a course of treatment, the	146264
court shall order continuing evaluation and treatment of the	146265
accused for a period not to exceed four months to determine	146266
whether there is a substantial probability that the accused will	146267
become competent to stand trial within one year if the accused is	146268
provided with a course of treatment.	146269

(b) The court order for the accused to undergo treatment or	146270
continuing evaluation and treatment under division (B)(1)(a) of	146271
this section shall specify that the accused, if determined to	146272
require mental health treatment or continuing evaluation and	146273
treatment, shall be committed to the department of ~~mental health~~	146274
mental health and addiction services for treatment or continuing	146275
evaluation and treatment at a hospital, facility, or agency	146276
determined to be clinically appropriate by the department of	146277
~~mental health~~mental health and addiction services. The order may	146278
restrict the accused's freedom of movement as the court considers	146279
necessary. The trial counsel in the accused's case shall send to	146280
the chief clinical officer of the hospital, facility, or ~~agency~~	146281
services provider where the accused is placed by the department of	146282
~~mental health~~mental health and addiction services or to the	146283
managing officer of the institution, the director of the facility,	146284
or the person to which the accused is committed copies of relevant	146285
investigative reports and other background information that	146286
pertains to the accused and is available to the trial counsel	146287
unless the trial counsel determines that the release of any of the	146288
information in the investigative reports or any of the other	146289
background information to unauthorized persons would interfere	146290
with the effective prosecution of any person or would create a	146291
substantial risk of harm to any person.	146292

In committing the accused to the department of ~~mental health~~	146293
mental health and addiction services, the court shall consider the	146294
extent to which the person is a danger to the person and to	146295
others, the need for security, and the type of crime involved and,	146296
if the court finds that restrictions on the accused's freedom of	146297
movement are necessary, shall specify the least restrictive	146298
limitations on the person's freedom of movement determined to be	146299
necessary to protect public safety. In weighing these factors, the	146300
court shall give preference to protecting public safety.	146301

(c) If the accused is found incompetent to stand trial, if	146302
the chief clinical officer of the hospital, facility, or ~~agency~~	146303
services provider where the accused is placed, or the managing	146304
officer of the institution, the director of the facility, or the	146305
person to which the accused is committed for treatment or	146306
continuing evaluation and treatment under division (B)(1)(b) of	146307
this section determines that medication is necessary to restore	146308
the accused's competency to stand trial, and if the accused lacks	146309
the capacity to give informed consent or refuses medication, the	146310
chief clinical officer of the hospital, facility, or ~~agency~~	146311
services provider where the accused is placed or the managing	146312
officer of the institution, the director of the facility, or the	146313
person to which the accused is committed for treatment or	146314
continuing evaluation and treatment may petition the court for	146315
authorization for the involuntary administration of medication.	146316
The court shall hold a hearing on the petition within five days of	146317
the filing of the petition. Following the hearing, the court may	146318
authorize the involuntary administration of medication or may	146319
dismiss the petition.	146320

(d) If the accused is charged before a special or summary	146321
court-martial with an offense that is not a violation of section	146322
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	146323
counsel may hold the charges in abeyance while the accused engages	146324
in mental health treatment.	146325

(2) If the court finds that the accused is incompetent to	146326
stand trial and that, even if the accused is provided with a	146327
course of treatment, there is not a substantial probability that	146328
the accused will become competent to stand trial within one year,	146329
the court shall order the discharge of the accused, unless upon	146330
motion of the trial counsel or on its own motion, the court either	146331
seeks to retain jurisdiction over the accused pursuant to division	146332
(A)(2) of section 5924.504 of the Revised Code or files an	146333
affidavit in the probate court for the civil commitment of the	146334
accused pursuant to Chapter 5122. of the Revised Code alleging	146335
that the accused is a mentally ill person subject to	146336
hospitalization by court order. If an affidavit is filed in the	146337
probate court, the trial court shall send to the probate court	146338
copies of all written reports of the accused's mental condition	146339
that were prepared pursuant to section 5924.502 of the Revised	146340
Code.	146341

The trial court may issue the temporary order of detention	146342
that a probate court may issue under section 5122.11 of the	146343
Revised Code, to remain in effect until the probable cause or	146344
initial hearing in the probate court. Further proceedings in the	146345
probate court are civil proceedings governed by Chapter 5122. of	146346
the Revised Code.	146347

(C) No accused shall be required to undergo treatment,	146348
including any continuing evaluation and treatment, under division	146349
(B)(1) of this section for longer than whichever of the following	146350
periods is applicable:	146351

(1) One year, if the accused is being tried by a general	146352
court-martial;	146353

(2) Six months, if the accused is being tried before a	146354
special court-martial;	146355

(3) Sixty days, if the accused is being tried before a	146356
summary court-martial.	146357

(D) Any accused who is committed pursuant to this section	146358
shall not voluntarily admit the accused or be voluntarily admitted	146359
to a hospital or institution pursuant to section 5122.02 or	146360
5122.15 of the Revised Code.	146361

(E) Except as otherwise provided in this division, an accused	146362
who is charged with an offense and is committed by the court under	146363
this section to the department of ~~mental health~~mental health and	146364
addiction services with restrictions on the accused's freedom of	146365
movement shall not be granted unsupervised on-grounds movement,	146366
supervised off-grounds movement, or nonsecured status except in	146367
accordance with the court order. The court may grant an accused	146368
supervised off-grounds movement to obtain medical treatment or	146369
specialized habilitation treatment services if the person who	146370
supervises the treatment or the continuing evaluation and	146371
treatment of the accused ordered under division (B)(1)(a) of this	146372
section informs the court that the treatment or continuing	146373
evaluation and treatment cannot be provided at the hospital or	146374
facility where the accused is placed by the department of ~~mental~~	146375
~~health~~mental health and addiction services. The chief clinical	146376
officer of the hospital or facility where the accused is placed by	146377
the department of ~~mental health~~mental health and addiction	146378
services or the managing officer of the institution or director of	146379
the facility to which the accused is committed or a designee of	146380
any of those persons may grant an accused movement to a medical	146381
facility for an emergency medical situation with appropriate	146382
supervision to ensure the safety of the accused, staff, and	146383
community during that emergency medical situation. The chief	146384
clinical officer of the hospital or facility where the accused is	146385
placed by the department of ~~mental health~~mental health and	146386
addiction services or the managing officer of the institution or	146387
director of the facility to which the accused is committed shall	146388
notify the court within twenty-four hours of the accused's	146389
movement to the medical facility for an emergency medical	146390
situation under this division.	146391

(F) The person who supervises the treatment or continuing	146392
evaluation and treatment of an accused ordered to undergo	146393
treatment or continuing evaluation and treatment under division	146394
(B)(1)(a) of this section shall file a written report with the	146395
court at the following times:	146396

(1) Whenever the person believes the accused is capable of	146397
understanding the nature and objective of the proceedings against	146398
the accused and of assisting in the accused's defense;	146399

(2) Fourteen days before expiration of the maximum time for	146400
treatment as specified in division (C) of this section and	146401
fourteen days before the expiration of the maximum time for	146402
continuing evaluation and treatment as specified in division	146403
(B)(1)(a) of this section;	146404

(3) At a minimum, after each six months of treatment;

146405

(4) Whenever the person who supervises the treatment or	146406
continuing evaluation and treatment of an accused ordered under	146407
division (B)(1)(a) of this section believes that there is not a	146408
substantial probability that the accused will become capable of	146409
understanding the nature and objective of the proceedings against	146410
the accused or of assisting in the accused's defense even if the	146411
accused is provided with a course of treatment.	146412

(G) A report under division (F) of this section shall contain	146413
the examiner's findings, the facts in reasonable detail on which	146414
the findings are based, and the examiner's opinion as to the	146415
accused's capability of understanding the nature and objective of	146416
the proceedings against the accused and of assisting in the	146417
accused's defense. If, in the examiner's opinion, the accused	146418
remains incapable of understanding the nature and objective of the	146419
proceedings against the accused and of assisting in the accused's	146420
defense and there is a substantial probability that the accused	146421
will become capable of understanding the nature and objective of	146422
the proceedings against the accused and of assisting in the	146423
accused's defense if the accused is provided with a course of	146424
treatment, if in the examiner's opinion the accused remains	146425
mentally ill, and if the maximum time for treatment as specified	146426
in division (C) of this section has not expired, the report also	146427
shall contain the examiner's recommendation as to the least	146428
restrictive placement or commitment alternative that is consistent	146429
with the accused's treatment needs for restoration to competency	146430
and with the safety of the community. The court shall provide	146431
copies of the report to the trial counsel and defense counsel.	146432

(H) If an accused is committed pursuant to division (B)(1) of	146433
this section, within ten days after the treating physician of the	146434
accused or the examiner of the accused who is employed or retained	146435
by the treating facility advises that there is not a substantial	146436
probability that the accused will become capable of understanding	146437
the nature and objective of the proceedings against the accused or	146438
of assisting in the accused's defense even if the accused is	146439
provided with a course of treatment, within ten days after the	146440
expiration of the maximum time for treatment as specified in	146441
division (C) of this section, within ten days after the expiration	146442
of the maximum time for continuing evaluation and treatment as	146443
specified in division (B)(1)(a) of this section, within thirty	146444
days after an accused's request for a hearing that is made after	146445
six months of treatment, or within thirty days after being advised	146446
by the treating physician or examiner that the accused is	146447
competent to stand trial, whichever is the earliest, the court	146448
shall conduct another hearing to determine if the accused is	146449
competent to stand trial and shall do whichever of the following	146450
is applicable:	146451

(1) If the court finds that the accused is competent to stand	146452
trial, the accused shall be proceeded against as provided by law.	146453

(2) If the court finds that the accused is incompetent to	146454
stand trial, but that there is a substantial probability that the	146455
accused will become competent to stand trial if the accused is	146456
provided with a course of treatment, and the maximum time for	146457
treatment as specified in division (C) of this section has not	146458
expired, the court, after consideration of the examiner's	146459
recommendation, shall order that treatment be continued, may	146460
change least restrictive limitations on the accused's freedom of	146461
movement.	146462

(3) If the court finds that the accused is incompetent to	146463
stand trial, if the accused is being tried by a general	146464
court-martial, and if the court finds that there is not a	146465
substantial probability that the accused will become competent to	146466
stand trial even if the accused is provided with a course of	146467
treatment, or if the maximum time for treatment as specified in	146468
division (C) of this section has expired, further proceedings	146469
shall be as provided in sections 5924.504 to 5924.506 of the	146470
Revised Code.	146471

(4) If the court finds that the accused is incompetent to	146472
stand trial, if the accused is being tried before a special	146473
court-martial, and if the court finds that there is not a	146474
substantial probability that the accused will become competent to	146475
stand trial even if the accused is provided with a course of	146476
treatment, or if the maximum time for treatment as specified in	146477
division (C) of this section has expired, the court shall dismiss	146478
the charge against the accused. A dismissal under this division is	146479
not a bar to further prosecution based on the same conduct. The	146480
court shall discharge the accused unless the court or trial	146481
counsel files an affidavit in probate court for civil commitment	146482
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	146483
civil commitment is filed, the court may detain the accused for	146484
ten days pending civil commitment. All of the following provisions	146485
apply to persons being tried by a special court-martial who are	146486
committed by the probate court subsequent to the court's or trial	146487
counsel's filing of an affidavit for civil commitment under	146488
authority of this division:	146489

(a) The chief clinical officer of the entity, hospital, or	146490
facility, the managing officer of the institution, or the person	146491
to which the accused is committed or admitted shall do all of the	146492
following:	146493

(i) Notify the trial counsel in writing of the discharge of	146494
the accused, send the notice at least ten days prior to the	146495
discharge unless the discharge is by the probate court, and state	146496
in the notice the date on which the accused will be discharged;	146497

(ii) Notify the trial counsel in writing when the accused is	146498
absent without leave or is granted unsupervised, off-grounds	146499
movement and send this notice promptly after the discovery of the	146500
absence without leave or prior to the granting of the	146501
unsupervised, off-grounds movement, whichever is applicable;	146502

(iii) Notify the trial counsel in writing of the change of	146503
the accused's commitment or admission to voluntary status, send	146504
the notice promptly upon learning of the change to voluntary	146505
status, and state in the notice the date on which the accused was	146506
committed or admitted on a voluntary status.	146507

(b) The trial counsel shall promptly inform the convening	146508
authority of any notification received under division (H)(4)(a) of	146509
this section. Upon receiving notice that the accused will be	146510
granted unsupervised, off-grounds movement, the convening	146511
authority either shall refer the charges against the accused to an	146512
investigating officer again or promptly notify the court that the	146513
convening authority does not intend to refer the charges against	146514
the accused again.	146515

(I) If an accused is convicted of a crime and sentenced to	146516
confinement, the accused's sentence shall be reduced by the total	146517
number of days the accused is confined for evaluation to determine	146518
the accused's competence to stand trial or treatment under this	146519
section and sections 5924.502 and 5924.504 of the Revised Code or	146520
by the total number of days the accused is confined for evaluation	146521
to determine the accused's mental condition at the time of the	146522
offense charged.	146523

Sec. 5924.504. (A) If an accused being tried by a general	146524
court-martial is found incompetent to stand trial, after the	146525
expiration of the maximum time for treatment as specified in	146526
division (C) of section 5924.503 of the Revised Code or after the	146527
court finds that there is not a substantial probability that the	146528
accused will become competent to stand trial even if the accused	146529
is provided with a course of treatment, one of the following	146530
applies:	146531

(1) The court or the trial counsel may file an affidavit in	146532
probate court for civil commitment of the accused in the manner	146533
provided in Chapter 5122. of the Revised Code. If the court or	146534
trial counsel files an affidavit for civil commitment, the court	146535
may detain the accused for ten days pending civil commitment. If	146536
the probate court commits the accused subsequent to the court's or	146537
trial counsel's filing of an affidavit for civil commitment, the	146538
chief clinical officer of the entity, hospital, or facility, the	146539
managing officer of the institution, or the person to which the	146540
accused is committed or admitted shall send to the trial counsel	146541
the notices described in divisions (H)(4)(a)(i) to (iii) of	146542
section 5924.503 of the Revised Code within the periods of time	146543
and under the circumstances specified in those divisions.	146544

(2) On the motion of the trial counsel or on its own motion,	146545
the court may retain jurisdiction over the accused if at a hearing	146546
the court finds both of the following by clear and convincing	146547
evidence:	146548

(a) The accused committed the offense with which the accused	146549
is charged.	146550

(b) The accused is a mentally ill person subject to	146551
hospitalization by court order.	146552

(B) In making its determination under division (A)(2) of this	146553
section as to whether to retain jurisdiction over the accused, the	146554
court may consider all relevant evidence, including, but not	146555
limited to, any relevant psychiatric, psychological, or medical	146556
testimony or reports, the acts constituting the offense charged,	146557
and any history of the accused that is relevant to the accused's	146558
ability to conform to the law.	146559

(C) If the court conducts a hearing as described in division	146560
(A)(2) of this section and if the court does not make both	146561
findings described in divisions (A)(2)(a) and (b) of this section	146562
by clear and convincing evidence, the court shall dismiss the	146563
charges against the accused. Upon the dismissal, the court shall	146564
discharge the accused unless the court or trial counsel files an	146565
affidavit in probate court for civil commitment of the accused	146566
pursuant to Chapter 5122. of the Revised Code. If the court or	146567
trial counsel files an affidavit for civil commitment, the court	146568
may order that the accused be detained for up to ten days pending	146569
the civil commitment. If the probate court commits the accused	146570
subsequent to the court's or trial counsel's filing of an	146571
affidavit for civil commitment, the chief clinical officer of the	146572
entity, hospital, or facility, the managing officer of the	146573
institution, or the person to which the accused is committed or	146574
admitted shall send to the trial counsel the notices described in	146575
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	146576
Code within the periods of time and under the circumstances	146577
specified in those divisions. A dismissal of charges under this	146578
division is not a bar to further criminal proceedings based on the	146579
same conduct.	146580

(D)(1) If the court conducts a hearing as described in	146581
division (A)(2) of this section and if the court makes the	146582
findings described in divisions (A)(2)(a) and (b) of this section	146583
by clear and convincing evidence, the court shall commit the	146584
accused, if determined to require mental health treatment, to the	146585
department of ~~mental health~~mental health and addiction services	146586
for treatment at a hospital, facility, or ~~agency~~services provider	146587
as determined clinically appropriate by the department of ~~mental~~	146588
~~health~~mental health and addiction services. In committing the	146589
accused to the department of ~~mental health~~mental health and	146590
addiction services, the court shall specify the least restrictive	146591
limitations on the accused's freedom of movement determined to be	146592
necessary to protect public safety.	146593

(2) If a court makes a commitment of an accused under	146594
division (D)(1) of this section, the trial counsel shall send to	146595
the hospital, facility, or ~~agency~~services provider where the	146596
accused is placed by the department of ~~mental health~~mental health	146597
and addiction services or to the accused's place of commitment all	146598
reports of the accused's current mental condition and, except as	146599
otherwise provided in this division, any other relevant	146600
information, including, but not limited to, a transcript of the	146601
hearing held pursuant to division (A)(2) of this section, copies	146602
of relevant investigative reports, and copies of any prior arrest	146603
and conviction records that pertain to the accused and that the	146604
trial counsel possesses. The trial counsel shall send the reports	146605
of the accused's current mental condition in every case of	146606
commitment, and, unless the trial counsel determines that the	146607
release of any of the other relevant information to unauthorized	146608
persons would interfere with the effective prosecution of any	146609
person or would create a substantial risk of harm to any person,	146610
the trial counsel also shall send the other relevant information.	146611

(3) If a court makes a commitment under division (D)(1) of	146612
this section, all further proceedings shall be in accordance with	146613
Chapter 5122. of the Revised Code.	146614

Sec. 5924.506. (A) If an accused person is found not guilty	146615
by reason of insanity, the verdict shall state that finding, and	146616
the trial court shall conduct a full hearing to determine whether	146617
the person is a mentally ill person subject to hospitalization by	146618
court order. Prior to the hearing, if the military judge believes	146619
that there is probable cause that the person found not guilty by	146620
reason of insanity is a mentally ill person subject to	146621
hospitalization by court order, the military judge may issue a	146622
temporary order of detention for that person to remain in effect	146623
for ten court days or until the hearing, whichever occurs first.	146624

Any person detained pursuant to a temporary order of	146625
detention issued under this division shall be held in a suitable	146626
facility, taking into consideration the place and type of	146627
confinement prior to and during trial.	146628

(B) The court shall hold the hearing under division (A) of	146629
this section to determine whether the person found not guilty by	146630
reason of insanity is a mentally ill person subject to	146631
hospitalization by court order within ten court days after the	146632
finding of not guilty by reason of insanity. Failure to conduct	146633
the hearing within the ten-day period shall cause the immediate	146634
discharge of the respondent, unless the judge grants a continuance	146635
for not longer than ten court days for good cause shown or for any	146636
period of time upon motion of the respondent.	146637

(C) If a person is found not guilty by reason of insanity,	146638
the person has the right to attend a hearing conducted pursuant to	146639
this section. At the hearing, the court shall inform the person	146640
that the person has all of the following rights:	146641

(1) The right to be represented by defense counsel or to	146642
retain civilian counsel, if the person so chooses;	146643

(2) The right to have independent expert evaluation;

146644

(3) The right to subpoena witnesses and documents, to present	146645
evidence on the person's behalf, and to cross-examine witnesses	146646
against the person;	146647

(4) The right to testify in the person's own behalf and to	146648
not be compelled to testify;	146649

(5) The right to have copies of any relevant medical or	146650
mental health document in the custody of the state or of any place	146651
of commitment other than a document for which the court finds that	146652
the release to the person of information contained in the document	146653
would create a substantial risk of harm to any person.	146654

(D) The hearing under division (A) of this section shall be	146655
open to the public, and the court shall conduct the hearing in	146656
accordance with regulations prescribed by the adjutant general.	146657
The court shall make and maintain a full transcript and record of	146658
the hearing proceedings. The court may consider all relevant	146659
evidence, including, but not limited to, any relevant psychiatric,	146660
psychological, or medical testimony or reports, the acts	146661
constituting the offense in relation to which the person was found	146662
not guilty by reason of insanity, and any history of the person	146663
that is relevant to the person's ability to conform to the law.	146664

(E) Upon completion of the hearing under division (A) of this	146665
section, if the court finds there is not clear and convincing	146666
evidence that the person is a mentally ill person subject to	146667
hospitalization by court order, the court shall discharge the	146668
person, unless a detainer has been placed upon the person by the	146669
department of rehabilitation and correction, in which case the	146670
person shall be returned to that department.	146671

(F) If, at the hearing under division (A) of this section,	146672
the court finds by clear and convincing evidence that the person	146673
is a mentally ill person subject to hospitalization by court	146674
order, it shall commit the person to the department of ~~mental~~	146675
~~health~~mental health and addiction services for placement in a	146676
hospital, facility, or ~~agency~~services provider as determined	146677
clinically appropriate by the department of ~~mental health~~mental	146678
health and addiction services. Further proceedings shall be in	146679
accordance with Chapter 5122. or 5123. of the Revised Code. In	146680
committing the accused to the department of ~~mental health~~mental	146681
health and addiction services, the court shall specify the least	146682
restrictive limitations on the accused's freedom of movement	146683
determined to be necessary to protect public safety.	146684

(G) If a court makes a commitment of a person under division	146685
(F) of this section, the trial counsel shall send to the hospital,	146686
facility, or ~~agency~~services provider where the defendant is	146687
placed by the department of ~~mental health~~mental health and	146688
addiction services or to the accused's place of commitment all	146689
reports of the person's current mental condition, and, except as	146690
otherwise provided in this division, any other relevant	146691
information, including, but not limited to, a transcript of the	146692
hearing held pursuant to division (A) of this section, copies of	146693
relevant investigative reports, and copies of any prior arrest and	146694
conviction records that pertain to the person and that the trial	146695
counsel possesses. The trial counsel shall send the reports of the	146696
person's current mental condition in every case of commitment,	146697
and, unless the trial counsel determines that the release of any	146698
of the other relevant information to unauthorized persons would	146699
interfere with the effective prosecution of any person or would	146700
create a substantial risk of harm to any person, the trial counsel	146701
also shall send the other relevant information.	146702

(H) A person who is committed pursuant to this section shall	146703
not voluntarily admit the person or be voluntarily admitted to a	146704
hospital or institution pursuant to sections 5122.02 and 5122.15	146705
of the Revised Code.	146706

Sec. 6109.21. (A) Except as provided in divisions (I) and	146707
(J) of this section, no person shall operate a public water system	146708
in this state without a license issued by the director of	146709
environmental protection.	146710

(B)~~(1)~~ A person who proposes to operate a new public water	146711
system, in addition to complying with section 6109.07 of the	146712
Revised Code and rules adopted under it, shall obtain an initial	146713
license from the director. The person shall submit an application	146714
for the initial license at least forty-five days prior to	146715
commencing the operation of the system.	146716

(C) A license shall expire on the thirtieth day of January in	146717
the year following its issuance.	146718

(D) A license shall be renewed annually. A person proposing	146719
to continue operating a public water system shall apply for a	146720
license renewal at least thirty days prior to the expiration date	146721
of the license.	146722

(E) ~~Through June 30, 2014, each~~Each application for a	146723
license or license renewal shall be accompanied by the appropriate	146724
fee established under division (M) of section 3745.11 of the	146725
Revised Code. However, an applicant for an initial license who is	146726
proposing to operate a new public water system shall submit a fee	146727
that equals a prorated amount of the appropriate fee established	146728
under that division for the remainder of the licensing year.	146729

(F) Not later than thirty days after receiving a completed	146730
application and the appropriate license fee for a license or	146731
license renewal for a public water system, the director shall do	146732
one of the following:	146733

(1) Issue the license or license renewal for the public water	146734
system;	146735

(2) Issue the license or license renewal subject to terms and	146736
conditions that the director determines are necessary to ensure	146737
compliance with this chapter and rules adopted under it;	146738

(3) Deny the license or license renewal if the director finds	146739
that the public water system cannot be operated in substantial	146740
compliance with this chapter and rules adopted under it.	146741

(G) The director may condition, suspend, or revoke a license	146742
or license renewal issued under this section at any time if the	146743
director finds that the public water system was not or will not be	146744
operated in substantial compliance with this chapter and rules	146745
adopted under it.	146746

(H) The director shall adopt rules in accordance with Chapter	146747
119. of the Revised Code establishing procedures and requirements	146748
governing both of the following:	146749

(1) Information to be included on applications for licenses	146750
and license renewals issued under this section;	146751

(2) The issuance, conditioning, suspension, revocation, and	146752
denial of licenses and license renewals under this section.	146753

(I)(1) As used in division (I) of this section, "church"	146754
means a fellowship of believers, congregation, society,	146755
corporation, convention, or association that is formed primarily	146756
or exclusively for religious purposes and that is not formed or	146757
operated for the private profit of any person.	146758

(2) This section does not apply to a church that operates or	146759
maintains a public water system solely to provide water for that	146760
church or for a campground that is owned by the church and	146761
operated primarily or exclusively for members of the church and	146762
their families.	146763

(J) This section does not apply to any public or nonpublic	146764
school that meets minimum standards of the state board of	146765
education that operates or maintains a public water system solely	146766
to provide water for that school.	146767

(K) The environmental protection agency shall collect well	146768
log filing fees on behalf of the division of soil and water	146769
resources in the department of natural resources in accordance	146770
with section 1521.05 of the Revised Code and rules adopted under	146771
it. The fees shall be submitted to the division quarterly as	146772
provided in those rules.	146773

Sec. 6111.037. (A) ~~There is hereby created in the state~~	146774
~~treasury the nonpoint source pollution management fund. The fund~~	146775
~~shall consist of grant moneys received under~~For purposes of state	146776
nonpoint source pollution management and pursuant to section 319	146777
of the "Federal Water Pollution Control Act," ~~for purposes of~~	146778
~~assisting with the development and implementation of a~~	146779
~~comprehensive nonpoint source pollution management program~~	146780
~~pursuant to that section of the act. Moneys credited to the fund~~	146781
~~may be used for purposes of research, planning, water quality~~	146782
~~assessments, demonstration projects, enforcement, technical~~	146783
~~assistance, education, and training regarding management of~~	146784
~~nonpoint sources of water pollution. The~~the director of	146785
environmental protection may enter into agreements to receive	146786
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	146787
for deposit into the state treasury to the credit of the water	146788
quality protection fund created in section 6111.0381 of the	146789
Revised Code. The director may enter into agreements to make	146790
grants of moneys credited to the fund under this section,	146791
including, without limitation, passthrough grants to other state	146792
departments or agencies.	146793

(B) The director shall periodically prepare and, by rules	146794
adopted under division (O) of section 6111.036 of the Revised	146795
Code, establish a priority system for identifying activities	146796
eligible for assistance under this section. The priority system	146797
shall ensure that financial assistance available under this	146798
section is first provided to:	146799

(1) Control particularly difficult or serious nonpoint source	146800
pollution problems, including, without limitation, problems	146801
resulting from mining activities;	146802

(2) Implement innovative methods or practices for controlling	146803
nonpoint sources of pollution, including, without limitation,	146804
regulatory programs that the director determines are appropriate;	146805

(3) Control interstate nonpoint source pollution problems;

146806

(4) Implement ground and surface water quality protection	146807
activities that the director determines are part of a	146808
comprehensive nonpoint source pollution control program, which	146809
activities include research, planning, ~~ground~~ water quality	146810
assessments, demonstration programs, enforcement, technical	146811
assistance, education, and training to protect ~~ground~~ water	146812
quality from nonpoint sources of pollution.	146813

Sec. 6133.041. (A) Notwithstanding any other provision of	146814
this chapter or Chapter 6131. of the Revised Code to the contrary,	146815
a joint board of county commissioners, when practicable, may	146816
conduct proceedings regarding existing improvements by video	146817
conference or, if video conference is not available, by	146818
teleconference. The joint board shall make provisions for public	146819
attendance at any location involved in such a proceeding. The	146820
participation of any commissioner or board of county commissioners	146821
in a video conference or teleconference shall occur at the	146822
location of the commissioners' main office or board room in an	146823
open meeting at which the public is allowed to attend.	146824

(B) Before convening a meeting of a joint board of county	146825
commissioners by video conference or by teleconference, designated	146826
staff shall send, via electronic mail, facsimile, or United States	146827
postal service, a copy of meeting-related documents to each member	146828
of the joint board.	146829

(C) The minutes of each joint county ditch meeting shall	146830
specify who was attending by teleconference, who was attending by	146831
video conference, and who was physically present.	146832

(D) Nothing in section 121.22 of the Revised Code prohibits a	146833
joint board of county commissioners from conducting a proceeding	146834
in a manner authorized by this section.	146835

Section 101.02. That existing sections 9.03, 9.15, 9.231,	146836
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144,	146837
103.63, 107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71,	146838
109.746, 109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28,	146839
113.02, 113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02,	146840
121.03, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	146841
122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34,	146842
122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68,	146843
122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11,	146844
123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341,	146845
124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602,	146846
125.603, 125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45,	146847
126.46, 126.47, 126.48, 127.14, 127.16, 131.51, 133.01, 133.06,	146848
135.143, 135.22, 135.35, 135.61, 135.71, 135.80, 135.81, 135.85,	146849
140.01, 140.03, 140.05, 145.01, 145.012, 145.037, 145.22, 149.01,	146850
149.12, 149.311, 149.43, 149.431, 149.54, 151.11, 152.09, 153.692,	146851
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	146852
156.04, 156.05, 166.02, 166.03, 166.04, 166.08, 166.25, 167.03,	146853
169.02, 169.05, 169.07, 169.08, 173.03, 173.14, 173.17, 173.19,	146854
173.20, 173.21, 173.23, 173.25, 173.26, 173.27, 173.28, 173.39,	146855
173.391, 173.392, 173.394, 173.40, 173.401, 173.402, 173.403,	146856
173.404, 173.42, 173.43, 173.431, 173.432, 173.434, 173.45,	146857
173.47, 173.48, 173.50, 173.501, 173.99, 175.04, 187.10, 191.01,	146858
191.02, 191.04, 191.06, 301.28, 305.23, 306.35, 307.07, 307.674,	146859
307.86, 309.09, 317.06, 317.08, 317.32, 317.321, 317.36, 321.35,	146860
321.44, 323.158, 329.04, 329.051, 329.06, 329.14, 333.01, 333.02,	146861
333.03, 333.04, 333.05, 339.02, 339.05, 339.06, 339.07, 340.01,	146862
340.011, 340.02, 340.021, 340.03, 340.031, 340.032, 340.04,	146863
340.05, 340.07, 340.09, 340.091, 340.10, 340.11, 340.12, 340.13,	146864
340.15, 340.16, 341.192, 349.01, 349.04, 351.021, 715.013,	146865
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	146866
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	146867
927.54, 935.01, 935.03, 935.041, 935.12, 955.01, 955.05, 955.06,	146868
955.07, 955.08, 955.09, 955.12, 955.14, 955.201, 956.07, 956.18,	146869
959.131, 959.132, 959.99, 991.03, 991.04, 991.06, 1309.521,	146870
1321.51, 1321.535, 1321.55, 1322.01, 1322.051, 1327.46, 1327.48,	146871
1327.50, 1327.501, 1327.61, 1327.99, 1332.26, 1337.11, 1347.08,	146872
1501.011, 1501.45, 1506.21, 1506.30, 1509.01, 1509.02, 1509.062,	146873
1509.10, 1509.11, 1509.22, 1509.226, 1509.50, 1511.02, 1511.022,	146874
1519.05, 1531.06, 1531.17, 1545.071, 1547.05, 1547.051, 1547.052,	146875
1547.06, 1547.542, 1547.99, 1548.02, 1551.33, 1551.35, 1555.15,	146876
1711.07, 1721.10, 1724.03, 1739.061, 1751.01, 1751.11, 1751.12,	146877
1751.14, 1751.271, 1751.31, 1751.60, 1901.10, 1901.12, 1901.33,	146878
1907.14, 1923.14, 2101.08, 2101.24, 2108.05, 2113.041, 2113.06,	146879
2117.061, 2117.25, 2133.01, 2133.25, 2151.011, 2151.3514,	146880
2151.362, 2151.83, 2151.86, 2152.54, 2152.59, 2301.14, 2301.20,	146881
2301.23, 2301.24, 2301.25, 2303.201, 2305.234, 2307.65, 2311.14,	146882
2317.02, 2317.422, 2335.09, 2335.11, 2501.16, 2505.02, 2701.03,	146883
2701.031, 2743.03, 2743.09, 2743.121, 2743.191, 2743.20, 2743.48,	146884
2743.52, 2743.53, 2743.531, 2743.55, 2743.60, 2743.601, 2743.61,	146885
2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.67, 2743.68,	146886
2743.69, 2743.71, 2744.05, 2901.13, 2901.30, 2903.33, 2907.22,	146887
2913.01, 2913.40, 2913.401, 2915.02, 2919.271, 2921.01, 2921.22,	146888
2921.36, 2921.38, 2923.126, 2925.03, 2929.15, 2930.01, 2935.03,	146889
2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	146890
2951.041, 2953.32, 2967.22, 2981.01, 2981.12, 2981.13, 3101.051,	146891
3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54, 3121.441,	146892
3121.89, 3121.891, 3121.892, 3121.893, 3121.898, 3123.958,	146893
3125.18, 3125.36, 3301.07, 3301.0711, 3301.0712, 3301.0714,	146894
3301.0715, 3301.0723, 3301.0725, 3301.15, 3301.16, 3302.01,	146895
3302.03, 3302.032, 3302.20, 3302.21, 3302.22, 3303.41, 3304.11,	146896
3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18,	146897
3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23,	146898
3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03, 3307.51,	146899
3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08,	146900
3310.13, 3310.14, 3310.522, 3310.56, 3311.0510, 3311.19, 3311.22,	146901
3311.231, 3311.38, 3311.86, 3312.08, 3313.372, 3313.376, 3313.48,	146902
3313.483, 3313.484, 3313.488, 3313.4810, 3313.533, 3313.539,	146903
3313.60, 3313.603, 3313.6013, 3313.6016, 3313.612, 3313.615,	146904
3313.62, 3313.64, 3313.646, 3313.65, 3313.674, 3313.714, 3313.715,	146905
3313.82, 3313.83, 3313.841, 3313.843, 3313.844, 3313.845,	146906
3313.847, 3313.88, 3313.911, 3313.976, 3313.978, 3313.98,	146907
3313.981, 3314.015, 3314.017, 3314.027, 3314.029, 3314.03,	146908
3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.083, 3314.084,	146909
3314.087, 3314.091, 3314.11, 3314.26, 3314.35, 3315.07, 3315.33,	146910
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	146911
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,	146912
3317.063, 3317.08, 3317.10, 3317.14, 3317.18, 3317.19, 3317.20,	146913
3317.201, 3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31,	146914
3318.36, 3318.363, 3319.07, 3319.073, 3319.0811, 3319.112,	146915
3319.17, 3319.22, 3319.235, 3319.57, 3319.58, 3321.01, 3321.04,	146916
3321.05, 3321.13, 3321.14, 3321.15, 3323.021, 3323.03, 3323.04,	146917
3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141,	146918
3323.142, 3326.07, 3326.08, 3326.11, 3326.31, 3326.32, 3326.33,	146919
3326.34, 3326.38, 3326.45, 3327.01, 3327.02, 3327.10, 3333.041,	146920
3333.73, 3333.82, 3333.90, 3334.08, 3335.35, 3335.36, 3335.37,	146921
3335.38, 3345.05, 3345.06, 3345.12, 3353.01, 3353.02, 3353.03,	146922
3353.04, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.07,	146923
3365.12, 3383.01, 3383.07, 3501.01, 3517.01, 3517.10, 3517.101,	146924
3517.102, 3517.103, 3517.153, 3517.154, 3517.155, 3517.20,	146925
3517.992, 3599.03, 3599.45, 3701.023, 3701.024, 3701.027,	146926
3701.041, 3701.13, 3701.132, 3701.243, 3701.261, 3701.262,	146927
3701.264, 3701.342, 3701.344, 3701.507, 3701.74, 3701.741,	146928
3701.742, 3701.78, 3701.881, 3701.921, 3701.922, 3701.99, 3702.30,	146929
3702.51, 3702.521, 3702.55, 3702.62, 3702.74, 3702.91, 3704.144,	146930
3706.01, 3707.511, 3709.01, 3709.051, 3709.10, 3712.051, 3712.07,	146931
3712.09, 3713.06, 3714.03, 3714.07, 3717.08, 3718.06, 3719.61,	146932
3721.01, 3721.011, 3721.02, 3721.022, 3721.024, 3721.027,	146933
3721.042, 3721.071, 3721.08, 3721.10, 3721.12, 3721.121, 3721.13,	146934
3721.14, 3721.15, 3721.16, 3721.17, 3721.19, 3721.50, 3721.51,	146935
3721.511, 3721.512, 3721.513, 3721.52, 3721.53, 3721.531,	146936
3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56, 3721.57,	146937
3721.58, 3727.01, 3734.01, 3734.02, 3734.28, 3734.57, 3734.901,	146938
3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3737.882,	146939
3737.883, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113,	146940
3745.72, 3748.01, 3748.04, 3769.08, 3769.087, 3769.088, 3770.02,	146941
3770.06, 3770.21, 3772.03, 3772.062, 3772.24, 3781.112, 3793.01,	146942
3793.031, 3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13,	146943
3793.14, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32,	146944
3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39,	146945
3795.01, 3798.01, 3798.10, 3798.13, 3798.14, 3798.15, 3798.16,	146946
3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06, 3923.24,	146947
3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601, 3923.83,	146948
3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.02, 4112.12,	146949
4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15, 4121.44,	146950
4121.441, 4121.50, 4121.69, 4123.32, 4123.35, 4123.41, 4123.57,	146951
4123.93, 4131.03, 4141.162, 4141.29, 4301.01, 4301.10, 4301.171,	146952
4301.30, 4301.43, 4301.62, 4303.181, 4305.131, 4501.01, 4501.21,	146953
4503.03, 4503.0610, 4503.44, 4503.62, 4505.02, 4505.09, 4506.07,	146954
4507.01, 4507.06, 4507.51, 4510.038, 4510.45, 4511.19, 4511.191,	146955
4511.21, 4511.69, 4511.85, 4513.34, 4519.11, 4701.03, 4707.02,	146956
4707.073, 4707.10, 4709.11, 4713.08, 4713.44, 4715.22, 4715.36,	146957
4715.372, 4715.39, 4715.64, 4717.03, 4717.06, 4717.07, 4717.10,	146958
4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03,	146959
4725.16, 4729.01, 4729.51, 4729.54, 4729.69, 4729.77, 4729.78,	146960
4729.79, 4729.80, 4729.81, 4729.99, 4730.411, 4731.05, 4731.151,	146961
4731.23, 4731.65, 4731.71, 4732.06, 4732.07, 4732.08, 4734.41,	146962
4735.07, 4735.09, 4735.10, 4735.142, 4735.56, 4742.01, 4751.01,	146963
4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07,	146964
4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071, 4755.11,	146965
4755.47, 4755.481, 4755.64, 4758.10, 4758.11, 4761.01, 4776.01,	146966
4778.02, 4778.03, 4781.121, 4781.28, 4781.29, 4906.20, 4955.32,	146967
4955.321, 4955.34, 4955.44, 4955.47, 4999.04, 5101.01, 5101.11,	146968
5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	146969
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	146970
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	146971
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	146972
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	146973
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	146974
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	146975
5101.61, 5101.80, 5101.801, 5101.803, 5103.02, 5103.0323, 5103.13,	146976
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	146977
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	146978
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	146979
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	146980
5111.0118, 5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,	146981
5111.024, 5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,	146982
5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03,	146983
5111.031, 5111.032, 5111.033, 5111.034, 5111.035, 5111.04,	146984
5111.042, 5111.05, 5111.051, 5111.052, 5111.053, 5111.054,	146985
5111.06, 5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	146986
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	146987
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	146988
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	146989
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	146990
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	146991
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	146992
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	146993
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	146994
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	146995
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	146996
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	146997
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	146998
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	146999
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	147000
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	147001
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	147002
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	147003
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	147004
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	147005
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	147006
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	147007
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	147008
5111.688, 5111.689, 5111.70, 5111.701, 5111.702, 5111.703,	147009
5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709,	147010
5111.7011, 5111.71, 5111.711, 5111.712, 5111.713, 5111.714,	147011
5111.715, 5111.83, 5111.84, 5111.85, 5111.851, 5111.852, 5111.853,	147012
5111.854, 5111.855, 5111.856, 5111.86, 5111.861, 5111.862,	147013
5111.863, 5111.864, 5111.865, 5111.87, 5111.871, 5111.872,	147014
5111.873, 5111.874, 5111.875, 5111.876, 5111.877, 5111.878,	147015
5111.879, 5111.88, 5111.881, 5111.882, 5111.883, 5111.884,	147016
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	147017
5111.89, 5111.891, 5111.892, 5111.893, 5111.894, 5111.90, 5111.91,	147018
5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94,	147019
5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98,	147020
5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05,	147021
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17,	147022
5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33,	147023
5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38,	147024
5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45,	147025
5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10,	147026
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	147027
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	147028
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	147029
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	147030
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	147031
5119.43, 5119.44, 5119.46, 5119.50, 5119.51, 5119.52, 5119.53,	147032
5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	147033
5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99,	147034
5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	147035
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	147036
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	147037
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	147038
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	147039
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	147040
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	147041
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	147042
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	147043
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	147044
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	147045
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	147046
5139.34, 5145.162, 5145.18, 5149.22, 5153.16, 5302.221, 5309.082,	147047
5309.68, 5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12,	147048
5507.01, 5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07,	147049
5507.08, 5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25,	147050
5507.26, 5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44,	147051
5507.46, 5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571,	147052
5507.60, 5507.63, 5507.99, 5511.03, 5515.08, 5540.03, 5701.13,	147053
5703.052, 5703.053, 5703.059, 5703.19, 5703.21, 5703.37, 5703.50,	147054
5703.70, 5703.82, 5705.01, 5705.10, 5705.19, 5705.192, 5705.21,	147055
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5709.75, 5723.01,	147056
5725.18, 5725.33, 5725.34, 5726.20, 5726.52, 5726.54, 5727.26,	147057
5727.75, 5727.84, 5727.89, 5728.10, 5729.03, 5729.04, 5729.16,	147058
5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.55, 5733.58,	147059
5733.98, 5735.012, 5735.12, 5735.142, 5735.27, 5735.34, 5739.01,	147060
5739.02, 5739.026, 5739.09, 5739.13, 5741.01, 5741.03, 5741.17,	147061
5743.081, 5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022,	147062
5747.025, 5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13,	147063
5747.21, 5747.22, 5747.47, 5747.501, 5747.76, 5747.98, 5748.01,	147064
5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.02, 5751.051,	147065
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5751.98, 5753.03,	147066
5753.07, 5815.28, 5902.02, 5905.02, 5910.02, 5910.07, 5919.34,	147067
5924.502, 5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 of	147068
the Revised Code are hereby repealed.	147069

Section 105.01. That sections 122.076, 122.15, 122.151,	147070
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	147071
125.838, 149.51, 149.55, 166.22, 166.28, 173.425, 173.433,	147072
183.28, 184.04, 340.022, 340.033, 340.06, 340.14, 1513.371,	147073
1531.34, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725,	147074
1547.726, 1901.121, 2301.26, 2743.54, 3302.043, 3304.24, 3304.26,	147075
3304.38, 3313.481, 3313.482, 3313.4811, 3314.088, 3314.13,	147076
3317.012, 3317.014, 3317.018, 3317.02, 3317.022, 3317.029,	147077
3317.0217, 3317.051, 3317.052, 3317.053, 3317.11, 3317.16,	147078
3317.62, 3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3345.81,	147079
3353.09, 3353.15, 3353.20, 3383.02, 3383.03, 3383.04, 3383.05,	147080
3383.06, 3383.08, 3383.09, 3506.22, 3517.1010, 3701.072,	147081
3701.263, 3701.343, 3701.90, 3701.901, 3701.902, 3701.903,	147082
3701.904, 3701.905, 3701.906, 3701.907, 3721.026, 3793.02,	147083
3793.03, 3793.04, 3793.041, 3793.05, 3793.06, 3793.061,	147084
3793.08, 3793.09, 3793.19, 3793.20, 3793.21, 3793.99, 5101.503,	147085
5101.514, 5101.515, 5101.518, 5101.523, 5101.525, 5101.526,	147086
5101.528, 5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,	147087
5111.0111, 5111.0113, 5111.0115, 5111.0120, 5111.0121,	147088
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211,	147089
5111.236, 5111.65, 5111.8710, 5111.8811, 5111.913, 5111.942,	147090
5111.946, 5119.011, 5119.013, 5119.03, 5119.05, 5119.47,	147091
5119.623, 5119.64, 5119.65, 5119.66, 5119.67, 5119.68, 5507.65,	147092
5507.66, 5707.05, 5727.41, 5733.35, 5747.211, 5747.33, 6101.451,	147093
and 6111.029 of the Revised Code are hereby repealed.	147094

Section 110.10. That section 3313.88 of the Revised Code as	147095
it results from Section 101.01 of this act be amended and	147096
recodified as section 3313.482 of the Revised Code to read as	147097
follows:	147098

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	147099
August of each school year, the board of education of any school	147100
district or the governing authority of any chartered nonpublic	147101
school may submit to the department of education a plan to require	147102
students to access and complete classroom lessons posted on the	147103
district's or nonpublic school's web portal or web site in order	147104
to make up ~~days~~hours in that school year on which it is	147105
necessary to close schools for ~~any of the reasons specified in~~	147106
~~division (B) of section 3317.01 of the Revised Code in excess of~~	147107
~~the number of days permitted under sections 3313.48, 3313.481, and~~	147108
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	147109
conditions, law enforcement emergencies, inoperability of school	147110
buses or other equipment necessary to the school's operation,	147111
damage to a school building, or other temporary circumstances due	147112
to utility failure rendering the school building unfit for school	147113
use.	147114

Prior to the first day of August of each school year, the	147115
governing authority of any community school established under	147116
Chapter 3314. that is not an internet- or computer-based community	147117
school, as defined in section 3314.02 of the Revised Code, may	147118
submit to the department a plan to require students to access and	147119
complete classroom lessons posted on the school's web portal or	147120
web site in order to make up ~~days or~~ hours in that school year on	147121
which it is necessary to close the school for any of the reasons	147122
specified in division (H)(4) of section 3314.08 of the Revised	147123
Code so that the school is in compliance with the minimum number	147124
of hours required under Chapter 3314. of the Revised Code.	147125

A plan submitted by a school district board or, chartered	147126
nonpublic school governing authority ~~shall provide for making up~~	147127
~~any number of days, up to a maximum of three days. A plan~~	147128
~~submitted by a~~, or community school governing authority shall	147129
provide for making up any number of hours, up to a maximum of the	147130
number of hours that are the equivalent of three school days.	147131
Provided the plan meets all requirements of this section, the	147132
department shall permit the board or governing authority to	147133
implement the plan for the applicable school year.	147134

(2) Each plan submitted under this section by a school	147135
district board of education shall include the written consent of	147136
the teachers' employee representative designated under division	147137
(B) of section 4117.04 of the Revised Code.	147138

(3) Each plan submitted under this section shall provide for	147139
the following:	147140

(a) Not later than the first day of November of the school	147141
year, each classroom teacher shall develop a sufficient number of	147142
lessons for each course taught by the teacher that school year to	147143
cover the number of make-up ~~days or~~ hours specified in the plan.	147144
The teacher shall designate the order in which the lessons are to	147145
be posted on the district's, community school's, or nonpublic	147146
school's web portal or web site in the event of a school closure.	147147
Teachers may be granted up to one professional development day to	147148
create lesson plans for those lessons.	147149

(b) To the extent possible and necessary, a classroom teacher	147150
shall update or replace, based on current instructional progress,	147151
one or more of the lesson plans developed under division (A)(3)(a)	147152
of this section before they are posted on the web portal or web	147153
site under division (A)(3)(c) of this section or distributed under	147154
division (B) of this section.	147155

(c) As soon as practicable after a school closure, a district	147156
or school employee responsible for web portal or web site	147157
operations shall make the designated lessons available to students	147158
on the district's, community school's, or nonpublic school's	147159
portal or site. A lesson shall be posted for each course that was	147160
scheduled to meet on the day or hours of the closure.	147161

(d) Each student enrolled in a course for which a lesson is	147162
posted on the portal or site shall be granted a two-week period	147163
from the date of posting to complete the lesson. The student's	147164
classroom teacher shall grade the lesson in the same manner as	147165
other lessons. The student may receive an incomplete or failing	147166
grade if the lesson is not completed on time.	147167

(e) If a student does not have access to a computer at the	147168
student's residence and the plan does not include blizzard bags	147169
under division (B) of this section, the student shall be permitted	147170
to work on the posted lessons at school after the student's school	147171
reopens. If the lessons were posted prior to the reopening, the	147172
student shall be granted a two-week period from the date of the	147173
reopening, rather than from the date of posting as otherwise	147174
required under division (A)(3)(d) of this section, to complete the	147175
lessons. The district board or community school or nonpublic	147176
school governing authority may provide the student access to a	147177
computer before, during, or after the regularly scheduled school	147178
day or may provide a substantially similar paper lesson in order	147179
to complete the lessons.	147180

(B)(1) In addition to posting classroom lessons online under	147181
division (A) of this section, the board of education of any school	147182
district or governing authority of any community or chartered	147183
nonpublic school may include in the plan distribution of "blizzard	147184
bags," which are paper copies of the lessons posted online.	147185

(2) If a school opts to use blizzard bags, teachers shall	147186
prepare paper copies in conjunction with the lessons to be posted	147187
online and update the paper copies whenever the teacher updates	147188
the online lesson plans.	147189

(3) The board of education of any school district or	147190
governing authority of any community or chartered nonpublic school	147191
that opts to use blizzard bags shall specify in the plan the	147192
method of distribution of blizzard bag lessons, which may include,	147193
but not be limited to, requiring distribution by a specific	147194
deadline or requiring distribution prior to anticipated school	147195
closure as directed by the superintendent of a school district or	147196
the principal, director, chief administrative officer, or the	147197
equivalent, of a school.	147198

(4) Students shall turn in completed lessons in accordance	147199
with division (A)(3)(d) of this section.	147200

(C)(1) No school district that implements a plan in	147201
accordance with this section shall be considered to have failed to	147202
comply with division (B) of section 3317.01 of the Revised Code	147203
with respect to the number of make-up ~~days~~hours specified in the	147204
plan.	147205

(2) No community school that implements a plan in accordance	147206
with this section shall be considered to have failed to comply	147207
with the minimum number of hours required under Chapter 3314. of	147208
the Revised Code with respect to the number of make-up hours	147209
specified in the plan.	147210

Section 110.11. That existing section 3313.88 of the Revised	147211
Code is hereby repealed.	147212

Section 110.12. Sections 110.10 and 110.11 of this act shall	147213
take effect July 1, 2014.	147214

Section 110.20. That the versions of sections 109.57,	147215
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	147216
5104.32 of the Revised Code that are scheduled to take effect	147217
January 1, 2014, be amended to read as follows:	147218

Sec. 109.57. (A)(1) The superintendent of the bureau of	147219
criminal identification and investigation shall procure from	147220
wherever procurable and file for record photographs, pictures,	147221
descriptions, fingerprints, measurements, and other information	147222
that may be pertinent of all persons who have been convicted of	147223
committing within this state a felony, any crime constituting a	147224
misdemeanor on the first offense and a felony on subsequent	147225
offenses, or any misdemeanor described in division (A)(1)(a),	147226
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	147227
all children under eighteen years of age who have been adjudicated	147228
delinquent children for committing within this state an act that	147229
would be a felony or an offense of violence if committed by an	147230
adult or who have been convicted of or pleaded guilty to	147231
committing within this state a felony or an offense of violence,	147232
and of all well-known and habitual criminals. The person in charge	147233
of any county, multicounty, municipal, municipal-county, or	147234
multicounty-municipal jail or workhouse, community-based	147235
correctional facility, halfway house, alternative residential	147236
facility, or state correctional institution and the person in	147237
charge of any state institution having custody of a person	147238
suspected of having committed a felony, any crime constituting a	147239
misdemeanor on the first offense and a felony on subsequent	147240
offenses, or any misdemeanor described in division (A)(1)(a),	147241
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	147242
having custody of a child under eighteen years of age with respect	147243
to whom there is probable cause to believe that the child may have	147244
committed an act that would be a felony or an offense of violence	147245
if committed by an adult shall furnish such material to the	147246
superintendent of the bureau. Fingerprints, photographs, or other	147247
descriptive information of a child who is under eighteen years of	147248
age, has not been arrested or otherwise taken into custody for	147249
committing an act that would be a felony or an offense of violence	147250
who is not in any other category of child specified in this	147251
division, if committed by an adult, has not been adjudicated a	147252
delinquent child for committing an act that would be a felony or	147253
an offense of violence if committed by an adult, has not been	147254
convicted of or pleaded guilty to committing a felony or an	147255
offense of violence, and is not a child with respect to whom there	147256
is probable cause to believe that the child may have committed an	147257
act that would be a felony or an offense of violence if committed	147258
by an adult shall not be procured by the superintendent or	147259
furnished by any person in charge of any county, multicounty,	147260
municipal, municipal-county, or multicounty-municipal jail or	147261
workhouse, community-based correctional facility, halfway house,	147262
alternative residential facility, or state correctional	147263
institution, except as authorized in section 2151.313 of the	147264
Revised Code.	147265

(2) Every clerk of a court of record in this state, other	147266
than the supreme court or a court of appeals, shall send to the	147267
superintendent of the bureau a weekly report containing a summary	147268
of each case involving a felony, involving any crime constituting	147269
a misdemeanor on the first offense and a felony on subsequent	147270
offenses, involving a misdemeanor described in division (A)(1)(a),	147271
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	147272
involving an adjudication in a case in which a child under	147273
eighteen years of age was alleged to be a delinquent child for	147274
committing an act that would be a felony or an offense of violence	147275
if committed by an adult. The clerk of the court of common pleas	147276
shall include in the report and summary the clerk sends under this	147277
division all information described in divisions (A)(2)(a) to (f)	147278
of this section regarding a case before the court of appeals that	147279
is served by that clerk. The summary shall be written on the	147280
standard forms furnished by the superintendent pursuant to	147281
division (B) of this section and shall include the following	147282
information:	147283

(a) The incident tracking number contained on the standard	147284
forms furnished by the superintendent pursuant to division (B) of	147285
this section;	147286

(b) The style and number of the case;

147287

147288

(d) The date that the person was convicted of or pleaded	147289
guilty to the offense, adjudicated a delinquent child for	147290
committing the act that would be a felony or an offense of	147291
violence if committed by an adult, found not guilty of the	147292
offense, or found not to be a delinquent child for committing an	147293
act that would be a felony or an offense of violence if committed	147294
by an adult, the date of an entry dismissing the charge, an entry	147295
declaring a mistrial of the offense in which the person is	147296
discharged, an entry finding that the person or child is not	147297
competent to stand trial, or an entry of a nolle prosequi, or the	147298
date of any other determination that constitutes final resolution	147299
of the case;	147300

(e) A statement of the original charge with the section of	147301
the Revised Code that was alleged to be violated;	147302

(f) If the person or child was convicted, pleaded guilty, or	147303
was adjudicated a delinquent child, the sentence or terms of	147304
probation imposed or any other disposition of the offender or the	147305
delinquent child.	147306

If the offense involved the disarming of a law enforcement	147307
officer or an attempt to disarm a law enforcement officer, the	147308
clerk shall clearly state that fact in the summary, and the	147309
superintendent shall ensure that a clear statement of that fact is	147310
placed in the bureau's records.	147311

(3) The superintendent shall cooperate with and assist	147312
sheriffs, chiefs of police, and other law enforcement officers in	147313
the establishment of a complete system of criminal identification	147314
and in obtaining fingerprints and other means of identification of	147315
all persons arrested on a charge of a felony, any crime	147316
constituting a misdemeanor on the first offense and a felony on	147317
subsequent offenses, or a misdemeanor described in division	147318
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	147319
Revised Code and of all children under eighteen years of age	147320
arrested or otherwise taken into custody for committing an act	147321
that would be a felony or an offense of violence if committed by	147322
an adult. The superintendent also shall file for record the	147323
fingerprint impressions of all persons confined in a county,	147324
multicounty, municipal, municipal-county, or multicounty-municipal	147325
jail or workhouse, community-based correctional facility, halfway	147326
house, alternative residential facility, or state correctional	147327
institution for the violation of state laws and of all children	147328
under eighteen years of age who are confined in a county,	147329
multicounty, municipal, municipal-county, or multicounty-municipal	147330
jail or workhouse, community-based correctional facility, halfway	147331
house, alternative residential facility, or state correctional	147332
institution or in any facility for delinquent children for	147333
committing an act that would be a felony or an offense of violence	147334
if committed by an adult, and any other information that the	147335
superintendent may receive from law enforcement officials of the	147336
state and its political subdivisions.	147337

(4) The superintendent shall carry out Chapter 2950. of the	147338
Revised Code with respect to the registration of persons who are	147339
convicted of or plead guilty to a sexually oriented offense or a	147340
child-victim oriented offense and with respect to all other duties	147341
imposed on the bureau under that chapter.	147342

(5) The bureau shall perform centralized recordkeeping	147343
functions for criminal history records and services in this state	147344
for purposes of the national crime prevention and privacy compact	147345
set forth in section 109.571 of the Revised Code and is the	147346
criminal history record repository as defined in that section for	147347
purposes of that compact. The superintendent or the	147348
superintendent's designee is the compact officer for purposes of	147349
that compact and shall carry out the responsibilities of the	147350
compact officer specified in that compact.	147351

(B) The superintendent shall prepare and furnish to every	147352
county, multicounty, municipal, municipal-county, or	147353
multicounty-municipal jail or workhouse, community-based	147354
correctional facility, halfway house, alternative residential	147355
facility, or state correctional institution and to every clerk of	147356
a court in this state specified in division (A)(2) of this section	147357
standard forms for reporting the information required under	147358
division (A) of this section. The standard forms that the	147359
superintendent prepares pursuant to this division may be in a	147360
tangible format, in an electronic format, or in both tangible	147361
formats and electronic formats.	147362

(C)(1) The superintendent may operate a center for	147363
electronic, automated, or other data processing for the storage	147364
and retrieval of information, data, and statistics pertaining to	147365
criminals and to children under eighteen years of age who are	147366
adjudicated delinquent children for committing an act that would	147367
be a felony or an offense of violence if committed by an adult,	147368
criminal activity, crime prevention, law enforcement, and criminal	147369
justice, and may establish and operate a statewide communications	147370
network to be known as the Ohio law enforcement gateway to gather	147371
and disseminate information, data, and statistics for the use of	147372
law enforcement agencies and for other uses specified in this	147373
division. The superintendent may gather, store, retrieve, and	147374
disseminate information, data, and statistics that pertain to	147375
children who are under eighteen years of age and that are gathered	147376
pursuant to sections 109.57 to 109.61 of the Revised Code together	147377
with information, data, and statistics that pertain to adults and	147378
that are gathered pursuant to those sections.	147379

(2) The superintendent or the superintendent's designee shall	147380
gather information of the nature described in division (C)(1) of	147381
this section that pertains to the offense and delinquency history	147382
of a person who has been convicted of, pleaded guilty to, or been	147383
adjudicated a delinquent child for committing a sexually oriented	147384
offense or a child-victim oriented offense for inclusion in the	147385
state registry of sex offenders and child-victim offenders	147386
maintained pursuant to division (A)(1) of section 2950.13 of the	147387
Revised Code and in the internet database operated pursuant to	147388
division (A)(13) of that section and for possible inclusion in the	147389
internet database operated pursuant to division (A)(11) of that	147390
section.	147391

(3) In addition to any other authorized use of information,	147392
data, and statistics of the nature described in division (C)(1) of	147393
this section, the superintendent or the superintendent's designee	147394
may provide and exchange the information, data, and statistics	147395
pursuant to the national crime prevention and privacy compact as	147396
described in division (A)(5) of this section.	147397

(4) The attorney general may adopt rules under Chapter 119.	147398
of the Revised Code establishing guidelines for the operation of	147399
and participation in the Ohio law enforcement gateway. The rules	147400
may include criteria for granting and restricting access to	147401
information gathered and disseminated through the Ohio law	147402
enforcement gateway. The attorney general shall permit the state	147403
medical board and board of nursing to access and view, but not	147404
alter, information gathered and disseminated through the Ohio law	147405
enforcement gateway.	147406

The attorney general may appoint a steering committee to	147407
advise the attorney general in the operation of the Ohio law	147408
enforcement gateway that is comprised of persons who are	147409
representatives of the criminal justice agencies in this state	147410
that use the Ohio law enforcement gateway and is chaired by the	147411
superintendent or the superintendent's designee.	147412

(D)(1) The following are not public records under section	147413
149.43 of the Revised Code:	147414

(a) Information and materials furnished to the superintendent	147415
pursuant to division (A) of this section;	147416

(b) Information, data, and statistics gathered or	147417
disseminated through the Ohio law enforcement gateway pursuant to	147418
division (C)(1) of this section;	147419

(c) Information and materials furnished to any board or	147420
person under division (F) or (G) of this section.	147421

(2) The superintendent or the superintendent's designee shall	147422
gather and retain information so furnished under division (A) of	147423
this section that pertains to the offense and delinquency history	147424
of a person who has been convicted of, pleaded guilty to, or been	147425
adjudicated a delinquent child for committing a sexually oriented	147426
offense or a child-victim oriented offense for the purposes	147427
described in division (C)(2) of this section.	147428

(E)(1) The attorney general shall adopt rules, in accordance	147429
with Chapter 119. of the Revised Code and subject to division	147430
(E)(2) of this section, setting forth the procedure by which a	147431
person may receive or release information gathered by the	147432
superintendent pursuant to division (A) of this section. A	147433
reasonable fee may be charged for this service. If a temporary	147434
employment service submits a request for a determination of	147435
whether a person the service plans to refer to an employment	147436
position has been convicted of or pleaded guilty to an offense	147437
listed or described in division (A)(1), (2), or (3) of section	147438
109.572 of the Revised Code, the request shall be treated as a	147439
single request and only one fee shall be charged.	147440

(2) Except as otherwise provided in this division, a rule	147441
adopted under division (E)(1) of this section may provide only for	147442
the release of information gathered pursuant to division (A) of	147443
this section that relates to the conviction of a person, or a	147444
person's plea of guilty to, a criminal offense. The superintendent	147445
shall not release, and the attorney general shall not adopt any	147446
rule under division (E)(1) of this section that permits the	147447
release of, any information gathered pursuant to division (A) of	147448
this section that relates to an adjudication of a child as a	147449
delinquent child, or that relates to a criminal conviction of a	147450
person under eighteen years of age if the person's case was	147451
transferred back to a juvenile court under division (B)(2) or (3)	147452
of section 2152.121 of the Revised Code and the juvenile court	147453
imposed a disposition or serious youthful offender disposition	147454
upon the person under either division, unless either of the	147455
following applies with respect to the adjudication or conviction:	147456

(a) The adjudication or conviction was for a violation of	147457
section 2903.01 or 2903.02 of the Revised Code.	147458

(b) The adjudication or conviction was for a sexually	147459
oriented offense, the juvenile court was required to classify the	147460
child a juvenile offender registrant for that offense under	147461
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	147462
classification has not been removed.	147463

(F)(1) As used in division (F)(2) of this section, "head	147464
start agency" means an entity in this state that has been approved	147465
to be an agency for purposes of subchapter II of the "Community	147466
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	147467
as amended.	147468

(2)(a) In addition to or in conjunction with any request that	147469
is required to be made under section 109.572, 2151.86, 3301.32,	147470
3301.541, division (C) of section 3310.58, or section 3319.39,	147471
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	147472
5153.111 of the Revised Code or that is made under section	147473
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	147474
board of education of any school district; the director of	147475
developmental disabilities; any county board of developmental	147476
disabilities; any provider or subcontractor as defined in section	147477
5123.081 of the Revised Code; the chief administrator of any	147478
chartered nonpublic school; the chief administrator of a	147479
registered private provider that is not also a chartered nonpublic	147480
school; the chief administrator of any home health agency; the	147481
chief administrator of or person operating any child day-care	147482
center, type A family day-care home, or type B family day-care	147483
home licensed under Chapter 5104. of the Revised Code; the chief	147484
administrator of any head start agency; the executive director of	147485
a public children services agency; a private company described in	147486
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	147487
Code; or an employer described in division (J)(2) of section	147488
3327.10 of the Revised Code may request that the superintendent of	147489
the bureau investigate and determine, with respect to any	147490
individual who has applied for employment in any position after	147491
October 2, 1989, or any individual wishing to apply for employment	147492
with a board of education may request, with regard to the	147493
individual, whether the bureau has any information gathered under	147494
division (A) of this section that pertains to that individual. On	147495
receipt of the request, subject to division (E)(2) of this	147496
section, the superintendent shall determine whether that	147497
information exists and, upon request of the person, board, or	147498
entity requesting information, also shall request from the federal	147499
bureau of investigation any criminal records it has pertaining to	147500
that individual. The superintendent or the superintendent's	147501
designee also may request criminal history records from other	147502
states or the federal government pursuant to the national crime	147503
prevention and privacy compact set forth in section 109.571 of the	147504
Revised Code. Within thirty days of the date that the	147505
superintendent receives a request, subject to division (E)(2) of	147506
this section, the superintendent shall send to the board, entity,	147507
or person a report of any information that the superintendent	147508
determines exists, including information contained in records that	147509
have been sealed under section 2953.32 of the Revised Code, and,	147510
within thirty days of its receipt, subject to division (E)(2) of	147511
this section, shall send the board, entity, or person a report of	147512
any information received from the federal bureau of investigation,	147513
other than information the dissemination of which is prohibited by	147514
federal law.	147515

(b) When a board of education or a registered private	147516
provider is required to receive information under this section as	147517
a prerequisite to employment of an individual pursuant to division	147518
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	147519
may accept a certified copy of records that were issued by the	147520
bureau of criminal identification and investigation and that are	147521
presented by an individual applying for employment with the	147522
district in lieu of requesting that information itself. In such a	147523
case, the board shall accept the certified copy issued by the	147524
bureau in order to make a photocopy of it for that individual's	147525
employment application documents and shall return the certified	147526
copy to the individual. In a case of that nature, a district or	147527
provider only shall accept a certified copy of records of that	147528
nature within one year after the date of their issuance by the	147529
bureau.	147530

(c) Notwithstanding division (F)(2)(a) of this section, in	147531
the case of a request under section 3319.39, 3319.391, or 3327.10	147532
of the Revised Code only for criminal records maintained by the	147533
federal bureau of investigation, the superintendent shall not	147534
determine whether any information gathered under division (A) of	147535
this section exists on the person for whom the request is made.	147536

(3) The state board of education may request, with respect to	147537
any individual who has applied for employment after October 2,	147538
1989, in any position with the state board or the department of	147539
education, any information that a school district board of	147540
education is authorized to request under division (F)(2) of this	147541
section, and the superintendent of the bureau shall proceed as if	147542
the request has been received from a school district board of	147543
education under division (F)(2) of this section.	147544

(4) When the superintendent of the bureau receives a request	147545
for information under section 3319.291 of the Revised Code, the	147546
superintendent shall proceed as if the request has been received	147547
from a school district board of education and shall comply with	147548
divisions (F)(2)(a) and (c) of this section.	147549

(5) When a recipient of a classroom reading improvement grant	147550
paid under section 3301.86 of the Revised Code requests, with	147551
respect to any individual who applies to participate in providing	147552
any program or service funded in whole or in part by the grant,	147553
the information that a school district board of education is	147554
authorized to request under division (F)(2)(a) of this section,	147555
the superintendent of the bureau shall proceed as if the request	147556
has been received from a school district board of education under	147557
division (F)(2)(a) of this section.	147558

(G) In addition to or in conjunction with any request that is	147559
required to be made under section 3701.881, 3712.09, or 3721.121	147560
of the Revised Code with respect to an individual who has applied	147561
for employment in a position that involves providing direct care	147562
to an older adult or adult resident, the chief administrator of a	147563
home health agency, hospice care program, home licensed under	147564
Chapter 3721. of the Revised Code, or adult day-care program	147565
operated pursuant to rules adopted under section 3721.04 of the	147566
Revised Code may request that the superintendent of the bureau	147567
investigate and determine, with respect to any individual who has	147568
applied after January 27, 1997, for employment in a position that	147569
does not involve providing direct care to an older adult or adult	147570
resident, whether the bureau has any information gathered under	147571
division (A) of this section that pertains to that individual.	147572

In addition to or in conjunction with any request that is	147573
required to be made under section 173.27 of the Revised Code with	147574
respect to an individual who has applied for employment in a	147575
position that involves providing ~~ombudsperson~~ombudsman services	147576
to residents of long-term care facilities or recipients of	147577
community-based long-term care services, the state long-term care	147578
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	147579
of ~~health~~aging, a regional long-term care ombudsman program, or	147580
the designee of the ombudsman, director, or program may request	147581
that the superintendent investigate and determine, with respect to	147582
any individual who has applied for employment in a position that	147583
does not involve providing such ~~ombudsperson~~ombudsman services,	147584
whether the bureau has any information gathered under division (A)	147585
of this section that pertains to that applicant.	147586

In addition to or in conjunction with any request that is	147587
required to be made under section ~~173.394~~173.38 of the Revised	147588
Code with respect to an individual who has applied for employment	147589
in a direct-care position ~~that involves providing direct care to~~	147590
~~an individual~~, the chief administrator of a ~~community-based~~	147591
~~long-term care agency~~provider, as defined in section 173.39 of	147592
the Revised Code, may request that the superintendent investigate	147593
and determine, with respect to any individual who has applied for	147594
employment in a position that ~~does~~is not ~~involve providing direct~~	147595
~~care~~a direct-care position, whether the bureau has any	147596
information gathered under division (A) of this section that	147597
pertains to that applicant.	147598

In addition to or in conjunction with any request that is	147599
required to be made under section 3712.09 of the Revised Code with	147600
respect to an individual who has applied for employment in a	147601
position that involves providing direct care to a pediatric	147602
respite care patient, the chief administrator of a pediatric	147603
respite care program may request that the superintendent of the	147604
bureau investigate and determine, with respect to any individual	147605
who has applied for employment in a position that does not involve	147606
providing direct care to a pediatric respite care patient, whether	147607
the bureau has any information gathered under division (A) of this	147608
section that pertains to that individual.	147609

On receipt of a request under this division, the	147610
superintendent shall determine whether that information exists	147611
and, on request of the individual requesting information, shall	147612
also request from the federal bureau of investigation any criminal	147613
records it has pertaining to the applicant. The superintendent or	147614
the superintendent's designee also may request criminal history	147615
records from other states or the federal government pursuant to	147616
the national crime prevention and privacy compact set forth in	147617
section 109.571 of the Revised Code. Within thirty days of the	147618
date a request is received, subject to division (E)(2) of this	147619
section, the superintendent shall send to the requester a report	147620
of any information determined to exist, including information	147621
contained in records that have been sealed under section 2953.32	147622
of the Revised Code, and, within thirty days of its receipt, shall	147623
send the requester a report of any information received from the	147624
federal bureau of investigation, other than information the	147625
dissemination of which is prohibited by federal law.	147626

(H) Information obtained by a government entity or person	147627
under this section is confidential and shall not be released or	147628
disseminated.	147629

(I) The superintendent may charge a reasonable fee for	147630
providing information or criminal records under division (F)(2) or	147631
(G) of this section.	147632

(J) As used in this section:

147633

(1) "Pediatric respite care program" and "pediatric care	147634
patient" have the same meanings as in section 3712.01 of the	147635
Revised Code.	147636

(2) "Sexually oriented offense" and "child-victim oriented	147637
offense" have the same meanings as in section 2950.01 of the	147638
Revised Code.	147639

(3) "Registered private provider" means a nonpublic school or	147640
entity registered with the superintendent of public instruction	147641
under section 3310.41 of the Revised Code to participate in the	147642
autism scholarship program or section 3310.58 of the Revised Code	147643
to participate in the Jon Peterson special needs scholarship	147644
program.	147645

Sec. 2151.011. (A) As used in the Revised Code:

147646

(1) "Juvenile court" means whichever of the following is	147647
applicable that has jurisdiction under this chapter and Chapter	147648
2152. of the Revised Code:	147649

(a) The division of the court of common pleas specified in	147650
section 2101.022 or 2301.03 of the Revised Code as having	147651
jurisdiction under this chapter and Chapter 2152. of the Revised	147652
Code or as being the juvenile division or the juvenile division	147653
combined with one or more other divisions;	147654

(b) The juvenile court of Cuyahoga county or Hamilton county	147655
that is separately and independently created by section 2151.08 or	147656
Chapter 2153. of the Revised Code and that has jurisdiction under	147657
this chapter and Chapter 2152. of the Revised Code;	147658

(c) If division (A)(1)(a) or (b) of this section does not	147659
apply, the probate division of the court of common pleas.	147660

(2) "Juvenile judge" means a judge of a court having	147661
jurisdiction under this chapter.	147662

(3) "Private child placing agency" means any association, as	147663
defined in section 5103.02 of the Revised Code, that is certified	147664
under section 5103.03 of the Revised Code to accept temporary,	147665
permanent, or legal custody of children and place the children for	147666
either foster care or adoption.	147667

(4) "Private noncustodial agency" means any person,	147668
organization, association, or society certified by the department	147669
of job and family services that does not accept temporary or	147670
permanent legal custody of children, that is privately operated in	147671
this state, and that does one or more of the following:	147672

(a) Receives and cares for children for two or more	147673
consecutive weeks;	147674

(b) Participates in the placement of children in certified	147675
foster homes;	147676

(c) Provides adoption services in conjunction with a public	147677
children services agency or private child placing agency.	147678

(B) As used in this chapter:

147679

(1) "Adequate parental care" means the provision by a child's	147680
parent or parents, guardian, or custodian of adequate food,	147681
clothing, and shelter to ensure the child's health and physical	147682
safety and the provision by a child's parent or parents of	147683
specialized services warranted by the child's physical or mental	147684
needs.	147685

(2) "Adult" means an individual who is eighteen years of age	147686
or older.	147687

(3) "Agreement for temporary custody" means a voluntary	147688
agreement authorized by section 5103.15 of the Revised Code that	147689
transfers the temporary custody of a child to a public children	147690
services agency or a private child placing agency.	147691

(4) "Alternative response" means the public children services	147692
agency's response to a report of child abuse or neglect that	147693
engages the family in a comprehensive evaluation of child safety,	147694
risk of subsequent harm, and family strengths and needs and that	147695
does not include a determination as to whether child abuse or	147696
neglect occurred.	147697

(5) "Certified foster home" means a foster home, as defined	147698
in section 5103.02 of the Revised Code, certified under section	147699
5103.03 of the Revised Code.	147700

(6) "Child" means a person who is under eighteen years of	147701
age, except that the juvenile court has jurisdiction over any	147702
person who is adjudicated an unruly child prior to attaining	147703
eighteen years of age until the person attains twenty-one years of	147704
age, and, for purposes of that jurisdiction related to that	147705
adjudication, a person who is so adjudicated an unruly child shall	147706
be deemed a "child" until the person attains twenty-one years of	147707
age.	147708

(7) "Child day camp," "child care," "child day-care center,"	147709
"part-time child day-care center," "type A family day-care home,"	147710
"licensed type B family day-care home," "type B family day-care	147711
home," "administrator of a child day-care center," "administrator	147712
of a type A family day-care home," and "in-home aide" have the	147713
same meanings as in section 5104.01 of the Revised Code.	147714

(8) "Child care provider" means an individual who is a	147715
child-care staff member or administrator of a child day-care	147716
center, a type A family day-care home, or a type B family day-care	147717
home, or an in-home aide or an individual who is licensed, is	147718
regulated, is approved, operates under the direction of, or	147719
otherwise is certified by the department of job and family	147720
services, department of developmental disabilities, or the early	147721
childhood programs of the department of education.	147722

(9) "Chronic truant" has the same meaning as in section	147723
2152.02 of the Revised Code.	147724

(10) "Commit" means to vest custody as ordered by the court.

147725

(11) "Counseling" includes both of the following:

147726

(a) General counseling services performed by a public	147727
children services agency or shelter for victims of domestic	147728
violence to assist a child, a child's parents, and a child's	147729
siblings in alleviating identified problems that may cause or have	147730
caused the child to be an abused, neglected, or dependent child.	147731

(b) Psychiatric or psychological therapeutic counseling	147732
services provided to correct or alleviate any mental or emotional	147733
illness or disorder and performed by a licensed psychiatrist,	147734
licensed psychologist, or a person licensed under Chapter 4757. of	147735
the Revised Code to engage in social work or professional	147736
counseling.	147737

(12) "Custodian" means a person who has legal custody of a	147738
child or a public children services agency or private child	147739
placing agency that has permanent, temporary, or legal custody of	147740
a child.	147741

(13) "Delinquent child" has the same meaning as in section	147742
2152.02 of the Revised Code.	147743

(14) "Detention" means the temporary care of children pending	147744
court adjudication or disposition, or execution of a court order,	147745
in a public or private facility designed to physically restrict	147746
the movement and activities of children.	147747

(15) "Developmental disability" has the same meaning as in	147748
section 5123.01 of the Revised Code.	147749

(16) "Differential response approach" means an approach that	147750
a public children services agency may use to respond to accepted	147751
reports of child abuse or neglect with either an alternative	147752
response or a traditional response.	147753

(17) "Foster caregiver" has the same meaning as in section	147754
5103.02 of the Revised Code.	147755

(18) "Guardian" means a person, association, or corporation	147756
that is granted authority by a probate court pursuant to Chapter	147757
2111. of the Revised Code to exercise parental rights over a child	147758
to the extent provided in the court's order and subject to the	147759
residual parental rights of the child's parents.	147760

(19) "Habitual truant" means any child of compulsory school	147761
age who is absent without legitimate excuse for absence from the	147762
public school the child is supposed to attend for five or more	147763
consecutive school days, seven or more school days in one school	147764
month, or twelve or more school days in a school year.	147765

(20) "Juvenile traffic offender" has the same meaning as in	147766
section 2152.02 of the Revised Code.	147767

(21) "Legal custody" means a legal status that vests in the	147768
custodian the right to have physical care and control of the child	147769
and to determine where and with whom the child shall live, and the	147770
right and duty to protect, train, and discipline the child and to	147771
provide the child with food, shelter, education, and medical care,	147772
all subject to any residual parental rights, privileges, and	147773
responsibilities. An individual granted legal custody shall	147774
exercise the rights and responsibilities personally unless	147775
otherwise authorized by any section of the Revised Code or by the	147776
court.	147777

(22) A "legitimate excuse for absence from the public school	147778
the child is supposed to attend" includes, but is not limited to,	147779
any of the following:	147780

(a) The fact that the child in question has enrolled in and	147781
is attending another public or nonpublic school in this or another	147782
state;	147783

(b) The fact that the child in question is excused from	147784
attendance at school for any of the reasons specified in section	147785
3321.04 of the Revised Code;	147786

(c) The fact that the child in question has received an age	147787
and schooling certificate in accordance with section 3331.01 of	147788
the Revised Code.	147789

(23) "Mental illness" and "mentally ill person subject to	147790
hospitalization by court order" have the same meanings as in	147791
section 5122.01 of the Revised Code.	147792

(24) "Mental injury" means any behavioral, cognitive,	147793
emotional, or mental disorder in a child caused by an act or	147794
omission that is described in section 2919.22 of the Revised Code	147795
and is committed by the parent or other person responsible for the	147796
child's care.	147797

(25) "Mentally retarded person" has the same meaning as in	147798
section 5123.01 of the Revised Code.	147799

(26) "Nonsecure care, supervision, or training" means care,	147800
supervision, or training of a child in a facility that does not	147801
confine or prevent movement of the child within the facility or	147802
from the facility.	147803

(27) "Of compulsory school age" has the same meaning as in	147804
section 3321.01 of the Revised Code.	147805

(28) "Organization" means any institution, public,	147806
semipublic, or private, and any private association, society, or	147807
agency located or operating in the state, incorporated or	147808
unincorporated, having among its functions the furnishing of	147809
protective services or care for children, or the placement of	147810
children in certified foster homes or elsewhere.	147811

(29) "Out-of-home care" means detention facilities, shelter	147812
facilities, certified children's crisis care facilities, certified	147813
foster homes, placement in a prospective adoptive home prior to	147814
the issuance of a final decree of adoption, organizations,	147815
certified organizations, child day-care centers, type A family	147816
day-care homes, type B family day-care homes, child care provided	147817
by in-home aides, group home providers, group homes, institutions,	147818
state institutions, residential facilities, residential care	147819
facilities, residential camps, day camps, public schools,	147820
chartered nonpublic schools, educational service centers,	147821
hospitals, and medical clinics that are responsible for the care,	147822
physical custody, or control of children.	147823

(30) "Out-of-home care child abuse" means any of the	147824
following when committed by a person responsible for the care of a	147825
child in out-of-home care:	147826

(a) Engaging in sexual activity with a child in the person's	147827
care;	147828

(b) Denial to a child, as a means of punishment, of proper or	147829
necessary subsistence, education, medical care, or other care	147830
necessary for a child's health;	147831

(c) Use of restraint procedures on a child that cause injury	147832
or pain;	147833

(d) Administration of prescription drugs or psychotropic	147834
medication to the child without the written approval and ongoing	147835
supervision of a licensed physician;	147836

(e) Commission of any act, other than by accidental means,	147837
that results in any injury to or death of the child in out-of-home	147838
care or commission of any act by accidental means that results in	147839
an injury to or death of a child in out-of-home care and that is	147840
at variance with the history given of the injury or death.	147841

(31) "Out-of-home care child neglect" means any of the	147842
following when committed by a person responsible for the care of a	147843
child in out-of-home care:	147844

(a) Failure to provide reasonable supervision according to	147845
the standards of care appropriate to the age, mental and physical	147846
condition, or other special needs of the child;	147847

(b) Failure to provide reasonable supervision according to	147848
the standards of care appropriate to the age, mental and physical	147849
condition, or other special needs of the child, that results in	147850
sexual or physical abuse of the child by any person;	147851

147852

(i) Administration of prescription drugs or psychotropic	147853
drugs for the child;	147854

(ii) Assuring that the instructions of the licensed physician	147855
who prescribed a drug for the child are followed;	147856

(iii) Reporting to the licensed physician who prescribed the	147857
drug all unfavorable or dangerous side effects from the use of the	147858
drug.	147859

(d) Failure to provide proper or necessary subsistence,	147860
education, medical care, or other individualized care necessary	147861
for the health or well-being of the child;	147862

(e) Confinement of the child to a locked room without	147863
monitoring by staff;	147864

(f) Failure to provide ongoing security for all prescription	147865
and nonprescription medication;	147866

(g) Isolation of a child for a period of time when there is	147867
substantial risk that the isolation, if continued, will impair or	147868
retard the mental health or physical well-being of the child.	147869

(32) "Permanent custody" means a legal status that vests in a	147870
public children services agency or a private child placing agency,	147871
all parental rights, duties, and obligations, including the right	147872
to consent to adoption, and divests the natural parents or	147873
adoptive parents of all parental rights, privileges, and	147874
obligations, including all residual rights and obligations.	147875

(33) "Permanent surrender" means the act of the parents or,	147876
if a child has only one parent, of the parent of a child, by a	147877
voluntary agreement authorized by section 5103.15 of the Revised	147878
Code, to transfer the permanent custody of the child to a public	147879
children services agency or a private child placing agency.	147880

(34) "Person" means an individual, association, corporation,	147881
or partnership and the state or any of its political subdivisions,	147882
departments, or agencies.	147883

(35) "Person responsible for a child's care in out-of-home	147884
care" means any of the following:	147885

(a) Any foster caregiver, in-home aide, or provider;

147886

(b) Any administrator, employee, or agent of any of the	147887
following: a public or private detention facility; shelter	147888
facility; certified children's crisis care facility; organization;	147889
certified organization; child day-care center; type A family	147890
day-care home; licensed type B family day-care home; group home;	147891
institution; state institution; residential facility; residential	147892
care facility; residential camp; day camp; school district;	147893
community school; chartered nonpublic school; educational service	147894
center; hospital; or medical clinic;	147895

(c) Any person who supervises or coaches children as part of	147896
an extracurricular activity sponsored by a school district, public	147897
school, or chartered nonpublic school;	147898

(d) Any other person who performs a similar function with	147899
respect to, or has a similar relationship to, children.	147900

(36) "Physically impaired" means having one or more of the	147901
following conditions that substantially limit one or more of an	147902
individual's major life activities, including self-care, receptive	147903
and expressive language, learning, mobility, and self-direction:	147904

(a) A substantial impairment of vision, speech, or hearing;

147905

(b) A congenital orthopedic impairment;

147906

(c) An orthopedic impairment caused by disease, rheumatic	147907
fever or any other similar chronic or acute health problem, or	147908
amputation or another similar cause.	147909

(37) "Placement for adoption" means the arrangement by a	147910
public children services agency or a private child placing agency	147911
with a person for the care and adoption by that person of a child	147912
of whom the agency has permanent custody.	147913

(38) "Placement in foster care" means the arrangement by a	147914
public children services agency or a private child placing agency	147915
for the out-of-home care of a child of whom the agency has	147916
temporary custody or permanent custody.	147917

(39) "Planned permanent living arrangement" means an order of	147918
a juvenile court pursuant to which both of the following apply:	147919

(a) The court gives legal custody of a child to a public	147920
children services agency or a private child placing agency without	147921
the termination of parental rights.	147922

(b) The order permits the agency to make an appropriate	147923
placement of the child and to enter into a written agreement with	147924
a foster care provider or with another person or agency with whom	147925
the child is placed.	147926

(40) "Practice of social work" and "practice of professional	147927
counseling" have the same meanings as in section 4757.01 of the	147928
Revised Code.	147929

(41) "Sanction, service, or condition" means a sanction,	147930
service, or condition created by court order following an	147931
adjudication that a child is an unruly child that is described in	147932
division (A)(4) of section 2152.19 of the Revised Code.	147933

(42) "Protective supervision" means an order of disposition	147934
pursuant to which the court permits an abused, neglected,	147935
dependent, or unruly child to remain in the custody of the child's	147936
parents, guardian, or custodian and stay in the child's home,	147937
subject to any conditions and limitations upon the child, the	147938
child's parents, guardian, or custodian, or any other person that	147939
the court prescribes, including supervision as directed by the	147940
court for the protection of the child.	147941

(43) "Psychiatrist" has the same meaning as in section	147942
5122.01 of the Revised Code.	147943

(44) "Psychologist" has the same meaning as in section	147944
4732.01 of the Revised Code.	147945

(45) "Residential camp" means a program in which the care,	147946
physical custody, or control of children is accepted overnight for	147947
recreational or recreational and educational purposes.	147948

(46) "Residential care facility" means an institution,	147949
residence, or facility that is licensed by the department of	147950
~~mental health~~mental health and addiction services under section	147951
~~5119.22~~5119.34 of the Revised Code and that provides care for a	147952
child.	147953

(47) "Residential facility" means a home or facility that is	147954
licensed by the department of developmental disabilities under	147955
section 5123.19 of the Revised Code and in which a child with a	147956
developmental disability resides.	147957

(48) "Residual parental rights, privileges, and	147958
responsibilities" means those rights, privileges, and	147959
responsibilities remaining with the natural parent after the	147960
transfer of legal custody of the child, including, but not	147961
necessarily limited to, the privilege of reasonable visitation,	147962
consent to adoption, the privilege to determine the child's	147963
religious affiliation, and the responsibility for support.	147964

(49) "School day" means the school day established by the	147965
~~state~~ board of education of the applicable school district	147966
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	147967

(50) "School ~~month" and "school~~ year" ~~have~~has the same	147968
~~meanings~~meaning as in section 3313.62 of the Revised Code.	147969

(51) "Secure correctional facility" means a facility under	147970
the direction of the department of youth services that is designed	147971
to physically restrict the movement and activities of children and	147972
used for the placement of children after adjudication and	147973
disposition.	147974

(52) "Sexual activity" has the same meaning as in section	147975
2907.01 of the Revised Code.	147976

(53) "Shelter" means the temporary care of children in	147977
physically unrestricted facilities pending court adjudication or	147978
disposition.	147979

(54) "Shelter for victims of domestic violence" has the same	147980
meaning as in section 3113.33 of the Revised Code.	147981

(55) "Temporary custody" means legal custody of a child who	147982
is removed from the child's home, which custody may be terminated	147983
at any time at the discretion of the court or, if the legal	147984
custody is granted in an agreement for temporary custody, by the	147985
person who executed the agreement.	147986

(56) "Traditional response" means a public children services	147987
agency's response to a report of child abuse or neglect that	147988
encourages engagement of the family in a comprehensive evaluation	147989
of the child's current and future safety needs and a fact-finding	147990
process to determine whether child abuse or neglect occurred and	147991
the circumstances surrounding the alleged harm or risk of harm.	147992

(C) For the purposes of this chapter, a child shall be	147993
presumed abandoned when the parents of the child have failed to	147994
visit or maintain contact with the child for more than ninety	147995
days, regardless of whether the parents resume contact with the	147996
child after that period of ninety days.	147997

Sec. 2923.126. (A) A concealed handgun license that is	147998
issued under section 2923.125 of the Revised Code shall expire	147999
five years after the date of issuance. A licensee who has been	148000
issued a license under that section shall be granted a grace	148001
period of thirty days after the licensee's license expires during	148002
which the licensee's license remains valid. Except as provided in	148003
divisions (B) and (C) of this section, a licensee who has been	148004
issued a concealed handgun license under section 2923.125 or	148005
2923.1213 of the Revised Code may carry a concealed handgun	148006
anywhere in this state if the licensee also carries a valid	148007
license and valid identification when the licensee is in actual	148008
possession of a concealed handgun. The licensee shall give notice	148009
of any change in the licensee's residence address to the sheriff	148010
who issued the license within forty-five days after that change.	148011

If a licensee is the driver or an occupant of a motor vehicle	148012
that is stopped as the result of a traffic stop or a stop for	148013
another law enforcement purpose and if the licensee is	148014
transporting or has a loaded handgun in the motor vehicle at that	148015
time, the licensee shall promptly inform any law enforcement	148016
officer who approaches the vehicle while stopped that the licensee	148017
has been issued a concealed handgun license and that the licensee	148018
currently possesses or has a loaded handgun; the licensee shall	148019
not knowingly disregard or fail to comply with lawful orders of a	148020
law enforcement officer given while the motor vehicle is stopped,	148021
knowingly fail to remain in the motor vehicle while stopped, or	148022
knowingly fail to keep the licensee's hands in plain sight after	148023
any law enforcement officer begins approaching the licensee while	148024
stopped and before the officer leaves, unless directed otherwise	148025
by a law enforcement officer; and the licensee shall not knowingly	148026
have contact with the loaded handgun by touching it with the	148027
licensee's hands or fingers, in any manner in violation of	148028
division (E) of section 2923.16 of the Revised Code, after any law	148029
enforcement officer begins approaching the licensee while stopped	148030
and before the officer leaves. Additionally, if a licensee is the	148031
driver or an occupant of a commercial motor vehicle that is	148032
stopped by an employee of the motor carrier enforcement unit for	148033
the purposes defined in section 5503.04 of the Revised Code and if	148034
the licensee is transporting or has a loaded handgun in the	148035
commercial motor vehicle at that time, the licensee shall promptly	148036
inform the employee of the unit who approaches the vehicle while	148037
stopped that the licensee has been issued a concealed handgun	148038
license and that the licensee currently possesses or has a loaded	148039
handgun.	148040

If a licensee is stopped for a law enforcement purpose and if	148041
the licensee is carrying a concealed handgun at the time the	148042
officer approaches, the licensee shall promptly inform any law	148043
enforcement officer who approaches the licensee while stopped that	148044
the licensee has been issued a concealed handgun license and that	148045
the licensee currently is carrying a concealed handgun; the	148046
licensee shall not knowingly disregard or fail to comply with	148047
lawful orders of a law enforcement officer given while the	148048
licensee is stopped or knowingly fail to keep the licensee's hands	148049
in plain sight after any law enforcement officer begins	148050
approaching the licensee while stopped and before the officer	148051
leaves, unless directed otherwise by a law enforcement officer;	148052
and the licensee shall not knowingly remove, attempt to remove,	148053
grasp, or hold the loaded handgun or knowingly have contact with	148054
the loaded handgun by touching it with the licensee's hands or	148055
fingers, in any manner in violation of division (B) of section	148056
2923.12 of the Revised Code, after any law enforcement officer	148057
begins approaching the licensee while stopped and before the	148058
officer leaves.	148059

(B) A valid concealed handgun license does not authorize the	148060
licensee to carry a concealed handgun in any manner prohibited	148061
under division (B) of section 2923.12 of the Revised Code or in	148062
any manner prohibited under section 2923.16 of the Revised Code. A	148063
valid license does not authorize the licensee to carry a concealed	148064
handgun into any of the following places:	148065

(1) A police station, sheriff's office, or state highway	148066
patrol station, premises controlled by the bureau of criminal	148067
identification and investigation, a state correctional	148068
institution, jail, workhouse, or other detention facility, an	148069
airport passenger terminal, or an institution that is maintained,	148070
operated, managed, and governed pursuant to division (A) of	148071
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	148072
section 5123.03 of the Revised Code;	148073

(2) A school safety zone if the licensee's carrying the	148074
concealed handgun is in violation of section 2923.122 of the	148075
Revised Code;	148076

(3) A courthouse or another building or structure in which a	148077
courtroom is located, in violation of section 2923.123 of the	148078
Revised Code;	148079

(4) Any premises or open air arena for which a D permit has	148080
been issued under Chapter 4303. of the Revised Code if the	148081
licensee's carrying the concealed handgun is in violation of	148082
section 2923.121 of the Revised Code;	148083

(5) Any premises owned or leased by any public or private	148084
college, university, or other institution of higher education,	148085
unless the handgun is in a locked motor vehicle or the licensee is	148086
in the immediate process of placing the handgun in a locked motor	148087
vehicle;	148088

(6) Any church, synagogue, mosque, or other place of worship,	148089
unless the church, synagogue, mosque, or other place of worship	148090
posts or permits otherwise;	148091

(7) A child day-care center, a type A family day-care home,	148092
or a type B family day-care home, except that this division does	148093
not prohibit a licensee who resides in a type A family day-care	148094
home or a type B family day-care home from carrying a concealed	148095
handgun at any time in any part of the home that is not dedicated	148096
or used for day-care purposes, or from carrying a concealed	148097
handgun in a part of the home that is dedicated or used for	148098
day-care purposes at any time during which no children, other than	148099
children of that licensee, are in the home;	148100

(8) An aircraft that is in, or intended for operation in,	148101
foreign air transportation, interstate air transportation,	148102
intrastate air transportation, or the transportation of mail by	148103
aircraft;	148104

(9) Any building that is a government facility of this state	148105
or a political subdivision of this state and that is not a	148106
building that is used primarily as a shelter, restroom, parking	148107
facility for motor vehicles, or rest facility and is not a	148108
courthouse or other building or structure in which a courtroom is	148109
located that is subject to division (B)(3) of this section;	148110

(10) A place in which federal law prohibits the carrying of	148111
handguns.	148112

(C)(1) Nothing in this section shall negate or restrict a	148113
rule, policy, or practice of a private employer that is not a	148114
private college, university, or other institution of higher	148115
education concerning or prohibiting the presence of firearms on	148116
the private employer's premises or property, including motor	148117
vehicles owned by the private employer. Nothing in this section	148118
shall require a private employer of that nature to adopt a rule,	148119
policy, or practice concerning or prohibiting the presence of	148120
firearms on the private employer's premises or property, including	148121
motor vehicles owned by the private employer.	148122

(2)(a) A private employer shall be immune from liability in a	148123
civil action for any injury, death, or loss to person or property	148124
that allegedly was caused by or related to a licensee bringing a	148125
handgun onto the premises or property of the private employer,	148126
including motor vehicles owned by the private employer, unless the	148127
private employer acted with malicious purpose. A private employer	148128
is immune from liability in a civil action for any injury, death,	148129
or loss to person or property that allegedly was caused by or	148130
related to the private employer's decision to permit a licensee to	148131
bring, or prohibit a licensee from bringing, a handgun onto the	148132
premises or property of the private employer. As used in this	148133
division, "private employer" includes a private college,	148134
university, or other institution of higher education.	148135

(b) A political subdivision shall be immune from liability in	148136
a civil action, to the extent and in the manner provided in	148137
Chapter 2744. of the Revised Code, for any injury, death, or loss	148138
to person or property that allegedly was caused by or related to a	148139
licensee bringing a handgun onto any premises or property owned,	148140
leased, or otherwise under the control of the political	148141
subdivision. As used in this division, "political subdivision" has	148142
the same meaning as in section 2744.01 of the Revised Code.	148143

(3)(a) Except as provided in division (C)(3)(b) of this	148144
section, the owner or person in control of private land or	148145
premises, and a private person or entity leasing land or premises	148146
owned by the state, the United States, or a political subdivision	148147
of the state or the United States, may post a sign in a	148148
conspicuous location on that land or on those premises prohibiting	148149
persons from carrying firearms or concealed firearms on or onto	148150
that land or those premises. Except as otherwise provided in this	148151
division, a person who knowingly violates a posted prohibition of	148152
that nature is guilty of criminal trespass in violation of	148153
division (A)(4) of section 2911.21 of the Revised Code and is	148154
guilty of a misdemeanor of the fourth degree. If a person	148155
knowingly violates a posted prohibition of that nature and the	148156
posted land or premises primarily was a parking lot or other	148157
parking facility, the person is not guilty of criminal trespass in	148158
violation of division (A)(4) of section 2911.21 of the Revised	148159
Code and instead is subject only to a civil cause of action for	148160
trespass based on the violation.	148161

(b) A landlord may not prohibit or restrict a tenant who is a	148162
licensee and who on or after September 9, 2008, enters into a	148163
rental agreement with the landlord for the use of residential	148164
premises, and the tenant's guest while the tenant is present, from	148165
lawfully carrying or possessing a handgun on those residential	148166
premises.	148167

148168

(i) "Residential premises" has the same meaning as in section	148169
5321.01 of the Revised Code, except "residential premises" does	148170
not include a dwelling unit that is owned or operated by a college	148171
or university.	148172

(ii) "Landlord," "tenant," and "rental agreement" have the	148173
same meanings as in section 5321.01 of the Revised Code.	148174

(D) A person who holds a concealed handgun license issued by	148175
another state that is recognized by the attorney general pursuant	148176
to a reciprocity agreement entered into pursuant to section 109.69	148177
of the Revised Code has the same right to carry a concealed	148178
handgun in this state as a person who was issued a concealed	148179
handgun license under section 2923.125 of the Revised Code and is	148180
subject to the same restrictions that apply to a person who	148181
carries a license issued under that section.	148182

(E) A peace officer has the same right to carry a concealed	148183
handgun in this state as a person who was issued a concealed	148184
handgun license under section 2923.125 of the Revised Code. For	148185
purposes of reciprocity with other states, a peace officer shall	148186
be considered to be a licensee in this state.	148187

(F)(1) A qualified retired peace officer who possesses a	148188
retired peace officer identification card issued pursuant to	148189
division (F)(2) of this section and a valid firearms	148190
requalification certification issued pursuant to division (F)(3)	148191
of this section has the same right to carry a concealed handgun in	148192
this state as a person who was issued a concealed handgun license	148193
under section 2923.125 of the Revised Code and is subject to the	148194
same restrictions that apply to a person who carries a license	148195
issued under that section. For purposes of reciprocity with other	148196
states, a qualified retired peace officer who possesses a retired	148197
peace officer identification card issued pursuant to division	148198
(F)(2) of this section and a valid firearms requalification	148199
certification issued pursuant to division (F)(3) of this section	148200
shall be considered to be a licensee in this state.	148201

(2)(a) Each public agency of this state or of a political	148202
subdivision of this state that is served by one or more peace	148203
officers shall issue a retired peace officer identification card	148204
to any person who retired from service as a peace officer with	148205
that agency, if the issuance is in accordance with the agency's	148206
policies and procedures and if the person, with respect to the	148207
person's service with that agency, satisfies all of the following:	148208

(i) The person retired in good standing from service as a	148209
peace officer with the public agency, and the retirement was not	148210
for reasons of mental instability.	148211

(ii) Before retiring from service as a peace officer with	148212
that agency, the person was authorized to engage in or supervise	148213
the prevention, detection, investigation, or prosecution of, or	148214
the incarceration of any person for, any violation of law and the	148215
person had statutory powers of arrest.	148216

(iii) At the time of the person's retirement as a peace	148217
officer with that agency, the person was trained and qualified to	148218
carry firearms in the performance of the peace officer's duties.	148219

(iv) Before retiring from service as a peace officer with	148220
that agency, the person was regularly employed as a peace officer	148221
for an aggregate of fifteen years or more, or, in the alternative,	148222
the person retired from service as a peace officer with that	148223
agency, after completing any applicable probationary period of	148224
that service, due to a service-connected disability, as determined	148225
by the agency.	148226

(b) A retired peace officer identification card issued to a	148227
person under division (F)(2)(a) of this section shall identify the	148228
person by name, contain a photograph of the person, identify the	148229
public agency of this state or of the political subdivision of	148230
this state from which the person retired as a peace officer and	148231
that is issuing the identification card, and specify that the	148232
person retired in good standing from service as a peace officer	148233
with the issuing public agency and satisfies the criteria set	148234
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	148235
addition to the required content specified in this division, a	148236
retired peace officer identification card issued to a person under	148237
division (F)(2)(a) of this section may include the firearms	148238
requalification certification described in division (F)(3) of this	148239
section, and if the identification card includes that	148240
certification, the identification card shall serve as the firearms	148241
requalification certification for the retired peace officer. If	148242
the issuing public agency issues credentials to active law	148243
enforcement officers who serve the agency, the agency may comply	148244
with division (F)(2)(a) of this section by issuing the same	148245
credentials to persons who retired from service as a peace officer	148246
with the agency and who satisfy the criteria set forth in	148247
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	148248
credentials so issued to retired peace officers are stamped with	148249
the word "RETIRED."	148250

(c) A public agency of this state or of a political	148251
subdivision of this state may charge persons who retired from	148252
service as a peace officer with the agency a reasonable fee for	148253
issuing to the person a retired peace officer identification card	148254
pursuant to division (F)(2)(a) of this section.	148255

(3) If a person retired from service as a peace officer with	148256
a public agency of this state or of a political subdivision of	148257
this state and the person satisfies the criteria set forth in	148258
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	148259
may provide the retired peace officer with the opportunity to	148260
attend a firearms requalification program that is approved for	148261
purposes of firearms requalification required under section	148262
109.801 of the Revised Code. The retired peace officer may be	148263
required to pay the cost of the course.	148264

If a retired peace officer who satisfies the criteria set	148265
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	148266
firearms requalification program that is approved for purposes of	148267
firearms requalification required under section 109.801 of the	148268
Revised Code, the retired peace officer's successful completion of	148269
the firearms requalification program requalifies the retired peace	148270
officer for purposes of division (F) of this section for five	148271
years from the date on which the program was successfully	148272
completed, and the requalification is valid during that five-year	148273
period. If a retired peace officer who satisfies the criteria set	148274
forth in divisions (F)(2)(a)(i) to (iv) of this section	148275
satisfactorily completes such a firearms requalification program,	148276
the retired peace officer shall be issued a firearms	148277
requalification certification that identifies the retired peace	148278
officer by name, identifies the entity that taught the program,	148279
specifies that the retired peace officer successfully completed	148280
the program, specifies the date on which the course was	148281
successfully completed, and specifies that the requalification is	148282
valid for five years from that date of successful completion. The	148283
firearms requalification certification for a retired peace officer	148284
may be included in the retired peace officer identification card	148285
issued to the retired peace officer under division (F)(2) of this	148286
section.	148287

A retired peace officer who attends a firearms	148288
requalification program that is approved for purposes of firearms	148289
requalification required under section 109.801 of the Revised Code	148290
may be required to pay the cost of the program.	148291

(G) As used in this section:

148292

(1) "Qualified retired peace officer" means a person who	148293
satisfies all of the following:	148294

(a) The person satisfies the criteria set forth in divisions	148295
(F)(2)(a)(i) to (v) of this section.	148296

(b) The person is not under the influence of alcohol or	148297
another intoxicating or hallucinatory drug or substance.	148298

(c) The person is not prohibited by federal law from	148299
receiving firearms.	148300

(2) "Retired peace officer identification card" means an	148301
identification card that is issued pursuant to division (F)(2) of	148302
this section to a person who is a retired peace officer.	148303

(3) "Government facility of this state or a political	148304
subdivision of this state" means any of the following:	148305

(a) A building or part of a building that is owned or leased	148306
by the government of this state or a political subdivision of this	148307
state and where employees of the government of this state or the	148308
political subdivision regularly are present for the purpose of	148309
performing their official duties as employees of the state or	148310
political subdivision;	148311

(b) The office of a deputy registrar serving pursuant to	148312
Chapter 4503. of the Revised Code that is used to perform deputy	148313
registrar functions.	148314

Sec. 5104.012. (A)(1) At the times specified in this	148315
division, the administrator of a child day-care center or a type A	148316
family day-care home shall request the superintendent of the	148317
bureau of criminal identification and investigation to conduct a	148318
criminal records check with respect to any applicant who has	148319
applied to the center or type A home for employment as a person	148320
responsible for the care, custody, or control of a child.	148321

The administrator shall request a criminal records check	148322
pursuant to this division at the time of the applicant's initial	148323
application for employment and every ~~four~~five years thereafter.	148324
When the administrator requests pursuant to this division a	148325
criminal records check for an applicant at the time of the	148326
applicant's initial application for employment, the administrator	148327
shall request that the superintendent obtain information from the	148328
federal bureau of investigation as a part of the criminal records	148329
check for the applicant, including fingerprint-based checks of	148330
national crime information databases as described in 42 U.S.C.	148331
671, for the person subject to the criminal records check. In all	148332
other cases in which the administrator requests a criminal records	148333
check for an applicant pursuant to this division, the	148334
administrator may request that the superintendent include	148335
information from the federal bureau of investigation in the	148336
criminal records check, including fingerprint-based checks of	148337
national crime information databases as described in 42 U.S.C.	148338
671.	148339

(2) A person required by division (A)(1) of this section to	148340
request a criminal records check shall provide to each applicant a	148341
copy of the form prescribed pursuant to division (C)(1) of section	148342
109.572 of the Revised Code, provide to each applicant a standard	148343
impression sheet to obtain fingerprint impressions prescribed	148344
pursuant to division (C)(2) of section 109.572 of the Revised	148345
Code, obtain the completed form and impression sheet from each	148346
applicant, and forward the completed form and impression sheet to	148347
the superintendent of the bureau of criminal identification and	148348
investigation at the time the person requests a criminal records	148349
check pursuant to division (A)(1) of this section. On and after	148350
August 14, 2008, the administrator of a child day-care center or a	148351
type A family day-care home shall review the results of the	148352
criminal records check before the applicant has sole	148353
responsibility for the care, custody, or control of any child.	148354

(3) An applicant who receives pursuant to division (A)(2) of	148355
this section a copy of the form prescribed pursuant to division	148356
(C)(1) of section 109.572 of the Revised Code and a copy of an	148357
impression sheet prescribed pursuant to division (C)(2) of that	148358
section and who is requested to complete the form and provide a	148359
set of fingerprint impressions shall complete the form or provide	148360
all the information necessary to complete the form and shall	148361
provide the impression sheet with the impressions of the	148362
applicant's fingerprints. If an applicant, upon request, fails to	148363
provide the information necessary to complete the form or fails to	148364
provide impressions of the applicant's fingerprints, the center or	148365
type A home shall not employ that applicant for any position for	148366
which a criminal records check is required by division (A)(1) of	148367
this section.	148368

(B)(1) Except as provided in rules adopted under division (E)	148369
of this section, no child day-care center or type A family	148370
day-care home shall employ or contract with another entity for the	148371
services of a person as a person responsible for the care,	148372
custody, or control of a child if the person previously has been	148373
convicted of or pleaded guilty to any of the violations described	148374
in division (A)(5) of section 109.572 of the Revised Code.	148375

(2) A child day-care center or type A family day-care home	148376
may employ an applicant conditionally until the criminal records	148377
check required by this section is completed and the center or home	148378
receives the results of the criminal records check. If the results	148379
of the criminal records check indicate that, pursuant to division	148380
(B)(1) of this section, the applicant does not qualify for	148381
employment, the center or home shall release the applicant from	148382
employment.	148383

(C)(1) Each child day-care center and type A family day-care	148384
home shall pay to the bureau of criminal identification and	148385
investigation the fee prescribed pursuant to division (C)(3) of	148386
section 109.572 of the Revised Code for each criminal records	148387
check conducted in accordance with that section upon the request	148388
pursuant to division (A)(1) of this section of the administrator	148389
or provider of the center or home.	148390

(2) A child day-care center and type A family day-care home	148391
may charge an applicant a fee for the costs it incurs in obtaining	148392
a criminal records check under this section. A fee charged under	148393
this division shall not exceed the amount of fees the center or	148394
home pays under division (C)(1) of this section. If a fee is	148395
charged under this division, the center or home shall notify the	148396
applicant at the time of the applicant's initial application for	148397
employment of the amount of the fee and that, unless the fee is	148398
paid, the center or type A home will not consider the applicant	148399
for employment.	148400

(D) The report of any criminal records check conducted by the	148401
bureau of criminal identification and investigation in accordance	148402
with section 109.572 of the Revised Code and pursuant to a request	148403
under division (A)(1) of this section is not a public record for	148404
the purposes of section 149.43 of the Revised Code and shall not	148405
be made available to any person other than the applicant who is	148406
the subject of the criminal records check or the applicant's	148407
representative; the center or type A home requesting the criminal	148408
records check or its representative; the department of job and	148409
family services or a county department of job and family services;	148410
and any court, hearing officer, or other necessary individual	148411
involved in a case dealing with the denial of employment to the	148412
applicant.	148413

(E) The director of job and family services shall adopt rules	148414
pursuant to Chapter 119. of the Revised Code to implement this	148415
section, including rules specifying circumstances under which a	148416
center or home may hire a person who has been convicted of an	148417
offense listed in division (B)(1) of this section but who meets	148418
standards in regard to rehabilitation set by the department.	148419

(F) Any person required by division (A)(1) of this section to	148420
request a criminal records check shall inform each person, at the	148421
time of the person's initial application for employment, that the	148422
person is required to provide a set of impressions of the person's	148423
fingerprints and that a criminal records check is required to be	148424
conducted and satisfactorily completed in accordance with section	148425
109.572 of the Revised Code if the person comes under final	148426
consideration for appointment or employment as a precondition to	148427
employment for that position.	148428

(G) As used in this section:

148429

(1) "Applicant" means a person who is under final	148430
consideration for appointment to or employment in a position with	148431
a child day-care center or a type A family day-care home as a	148432
person responsible for the care, custody, or control of a child or	148433
any person who would serve in any position with a child day-care	148434
center or a type A family day-care home as a person responsible	148435
for the care, custody, or control of a child pursuant to a	148436
contract with another entity.	148437

(2) "Criminal records check" has the same meaning as in	148438
section 109.572 of the Revised Code.	148439

Sec. 5104.013. (A)(1) At the times specified in division	148440
(A)(3) of this section, the director of job and family services,	148441
as part of the process of licensure of child day-care centers,	148442
type A family day-care homes, and licensed type B family day-care	148443
homes shall request the superintendent of the bureau of criminal	148444
identification and investigation to conduct a criminal records	148445
check with respect to the following persons:	148446

(a) Any owner, licensee, or administrator of a child day-care	148447
center;	148448

(b) Any owner, licensee, or administrator of a type A family	148449
day-care home and any person eighteen years of age or older who	148450
resides in a type A family day-care home;	148451

(c) Any administrator of a licensed type B family day-care	148452
home and any person eighteen years of age or older who resides in	148453
a licensed type B family day-care home.	148454

(2) At the time specified in division (A)(3) of this section,	148455
the director of a county department of job and family services, as	148456
part of the process of certification of in-home aides, shall	148457
request the superintendent of the bureau of criminal	148458
identification and investigation to conduct a criminal records	148459
check with respect to any in-home aide.	148460

(3) The director of job and family services shall request a	148461
criminal records check pursuant to division (A)(1) of this section	148462
at the time of the initial application for licensure and every	148463
~~four~~five years thereafter. The director of a county department of	148464
job and family services shall request a criminal records check	148465
pursuant to division (A)(2) of this section at the time of the	148466
initial application for certification and every ~~four~~five years	148467
thereafter. When the director of job and family services or the	148468
director of a county department of job and family services	148469
requests pursuant to division (A)(1) or (2) of this section a	148470
criminal records check for a person at the time of the person's	148471
initial application for licensure or certification, the director	148472
shall request that the superintendent of the bureau of criminal	148473
identification and investigation obtain information from the	148474
federal bureau of investigation as a part of the criminal records	148475
check for the person, including fingerprint-based checks of	148476
national crime information databases as described in 42 U.S.C. 671	148477
for the person subject to the criminal records check. In all other	148478
cases in which the director of job and family services or the	148479
director of a county department of job and family services	148480
requests a criminal records check for an applicant pursuant to	148481
division (A)(1) or (2) of this section, the director may request	148482
that the superintendent include information from the federal	148483
bureau of investigation in the criminal records check, including	148484
fingerprint-based checks of national crime information databases	148485
as described in 42 U.S.C. 671.	148486

(4) The director of job and family services shall review the	148487
results of a criminal records check subsequent to a request made	148488
pursuant to divisions (A)(1) and (3) of this section prior to	148489
approval of a license. The director of a county department of job	148490
and family services shall review the results of a criminal records	148491
check subsequent to a request made pursuant to divisions (A)(2)	148492
and (3) of this section prior to approval of certification.	148493

(B) The director of job and family services or the director	148494
of a county department of job and family services shall provide to	148495
each person for whom a criminal records check is required under	148496
this section a copy of the form prescribed pursuant to division	148497
(C)(1) of section 109.572 of the Revised Code and a standard	148498
impression sheet to obtain fingerprint impressions prescribed	148499
pursuant to division (C)(2) of that section, obtain the completed	148500
form and impression sheet from that person, and forward the	148501
completed form and impression sheet to the superintendent of the	148502
bureau of criminal identification and investigation.	148503

(C) A person who receives pursuant to division (B) of this	148504
section a copy of the form and standard impression sheet described	148505
in that division and who is requested to complete the form and	148506
provide a set of fingerprint impressions shall complete the form	148507
or provide all the information necessary to complete the form and	148508
shall provide the impression sheet with the impressions of the	148509
person's fingerprints. If the person, upon request, fails to	148510
provide the information necessary to complete the form or fails to	148511
provide impressions of the person's fingerprints, the director may	148512
consider the failure as a reason to deny licensure or	148513
certification.	148514

(D) Except as provided in rules adopted under division (G) of	148515
this section, the director of job and family services shall not	148516
grant a license to a child day-care center, type A family day-care	148517
home, or type B family day-care home and a county director of job	148518
and family services shall not certify an in-home aide if a person	148519
for whom a criminal records check was required in connection with	148520
the center or home previously has been convicted of or pleaded	148521
guilty to any of the violations described in division (A)(5) of	148522
section 109.572 of the Revised Code.	148523

(E) Each child day-care center, type A family day-care home,	148524
and type B family day-care home shall pay to the bureau of	148525
criminal identification and investigation the fee prescribed	148526
pursuant to division (C)(3) of section 109.572 of the Revised Code	148527
for each criminal records check conducted in accordance with that	148528
section upon a request made pursuant to division (A) of this	148529
section.	148530

(F) The report of any criminal records check conducted by the	148531
bureau of criminal identification and investigation in accordance	148532
with section 109.572 of the Revised Code and pursuant to a request	148533
made under division (A) of this section is not a public record for	148534
the purposes of section 149.43 of the Revised Code and shall not	148535
be made available to any person other than the person who is the	148536
subject of the criminal records check or the person's	148537
representative, the director of job and family services, the	148538
director of a county department of job and family services, the	148539
center, type A home, or type B home involved, and any court,	148540
hearing officer, or other necessary individual involved in a case	148541
dealing with a denial of licensure or certification related to the	148542
criminal records check.	148543

(G) The director of job and family services shall adopt rules	148544
in accordance with Chapter 119. of the Revised Code to implement	148545
this section, including rules specifying exceptions to the	148546
prohibition in division (D) of this section for persons who have	148547
been convicted of an offense listed in that division but who meet	148548
standards in regard to rehabilitation set by the director.	148549

(H) As used in this section, "criminal records check" has the	148550
same meaning as in section 109.572 of the Revised Code.	148551

Sec. 5104.03. (A) Any person, firm, organization,	148552
institution, or agency seeking to establish a child day-care	148553
center, type A family day-care home, or licensed type B family	148554
day-care home shall apply for a license to the director of job and	148555
family services on such form as the director prescribes. The	148556
director shall provide at no charge to each applicant for	148557
licensure a copy of the child care license requirements in this	148558
chapter and a copy of the rules adopted pursuant to this chapter.	148559
The copies may be provided in paper or electronic form.	148560

Fees shall be set by the director pursuant to sections	148561
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	148562
paid at the time of application for a license to operate a center,	148563
type A home, or type B home. Fees collected under this section	148564
shall be paid into the state treasury to the credit of the general	148565
revenue fund.	148566

(B)(1) Upon filing of the application for a license, the	148567
director shall investigate and inspect the center, type A home, or	148568
type B home to determine the license capacity for each age	148569
category of children of the center, type A home, or type B home	148570
and to determine whether the center, type A home, or type B home	148571
complies with this chapter and rules adopted pursuant to this	148572
chapter. When, after investigation and inspection, the director is	148573
satisfied that this chapter and rules adopted pursuant to it are	148574
complied with, subject to division (H) of this section, a license	148575
shall be issued as soon as practicable in such form and manner as	148576
prescribed by the director. The license shall be designated as	148577
provisional and shall be valid for twelve months from the date of	148578
issuance unless revoked.	148579

(2) The director may contract with a government entity or a	148580
private nonprofit entity for the entity to inspect and license	148581
type B family day-care homes pursuant to this section. The	148582
department, government entity, or nonprofit entity shall conduct	148583
the inspection prior to the issuance of a license for the type B	148584
home and, as part of that inspection, ensure that the type B home	148585
is safe and sanitary.	148586

(C)(1) On receipt of an application for licensure as a type B	148587
family day-care home to provide publicly funded child care, the	148588
department shall search the uniform statewide automated child	148589
welfare information system for information concerning any abuse or	148590
neglect report made pursuant to section 2151.421 of the Revised	148591
Code of which the applicant, any other adult residing in the	148592
applicant's home, or a person designated by the applicant to be an	148593
emergency or substitute caregiver for the applicant is the	148594
subject.	148595

(2) The department shall consider any information it	148596
discovers pursuant to division (C)(1) of this section or that is	148597
provided by a public children services agency pursuant to section	148598
5153.175 of the Revised Code. If the department determines that	148599
the information, when viewed within the totality of the	148600
circumstances, reasonably leads to the conclusion that the	148601
applicant may directly or indirectly endanger the health, safety,	148602
or welfare of children, the department shall deny the application	148603
for licensure or revoke the license of a type B family day-care	148604
home.	148605

(D) The director shall investigate and inspect the center,	148606
type A home, or type B home at least once during operation under a	148607
license designated as provisional. If after the investigation and	148608
inspection the director determines that the requirements of this	148609
chapter and rules adopted pursuant to this chapter are met,	148610
subject to division (H) of this section, the director shall issue	148611
a new license to the center or home.	148612

(E) Each license shall state the name of the licensee, the	148613
name of the administrator, the address of the center, type A home,	148614
or licensed type B home, and the license capacity for each age	148615
category of children. The license shall include thereon, in	148616
accordance with sections 5104.015, 5104.017, and 5104.018 of the	148617
Revised Code, the toll-free telephone number to be used by persons	148618
suspecting that the center, type A home, or licensed type B home	148619
has violated a provision of this chapter or rules adopted pursuant	148620
to this chapter. A license is valid only for the licensee,	148621
administrator, address, and license capacity for each age category	148622
of children designated on the license. The license capacity	148623
specified on the license is the maximum number of children in each	148624
age category that may be cared for in the center, type A home, or	148625
licensed type B home at one time.	148626

The center or type A home licensee shall notify the director	148627
when the administrator of the center or home changes. The director	148628
shall amend the current license to reflect a change in an	148629
administrator, if the administrator meets the requirements of this	148630
chapter and rules adopted pursuant to this chapter, or a change in	148631
license capacity for any age category of children as determined by	148632
the director of job and family services.	148633

(F) If the director revokes the license of a center, a type A	148634
home, or a type B home, the director shall not issue another	148635
license to the owner of the center, type A home, or type B home	148636
until five years have elapsed from the date the license is	148637
revoked.	148638

If the director denies an application for a license, the	148639
director shall not accept another application from the applicant	148640
until five years have elapsed from the date the application is	148641
denied.	148642

(G) If during the application for licensure process the	148643
director determines that the license of the owner has been	148644
revoked, the investigation of the center, type A home, or type B	148645
home shall cease. This action does not constitute denial of the	148646
application and may not be appealed under division (H) of this	148647
section.	148648

(H) All actions of the director with respect to licensing	148649
centers, type A homes, or type B homes, refusal to license, and	148650
revocation of a license shall be in accordance with Chapter 119.	148651
of the Revised Code. Any applicant who is denied a license or any	148652
owner whose license is revoked may appeal in accordance with	148653
section 119.12 of the Revised Code.	148654

(I) In no case shall the director issue a license under this	148655
section for a center, type A home, or type B home if the director,	148656
based on documentation provided by the appropriate county	148657
department of job and family services, determines that the	148658
applicant had been certified as a type B family day-care home when	148659
such certifications were issued by county departments prior to ~~the~~	148660
~~effective date of this amendment~~January 1, 2014, that the county	148661
department revoked that certification within the immediately	148662
preceding five years, that the revocation was based on the	148663
applicant's refusal or inability to comply with the criteria for	148664
certification, and that the refusal or inability resulted in a	148665
risk to the health or safety of children.	148666

(J)(1) Except as provided in division (J)(2) of this section,	148667
an administrator of a type B family day-care home that receives a	148668
license pursuant to this section to provide publicly funded child	148669
care is an independent contractor and is not an employee of the	148670
department of job and family services.	148671

(2) For purposes of Chapter 4141. of the Revised Code,	148672
determinations concerning the employment of an administrator of a	148673
type B family day-care home that receives a license pursuant to	148674
this section shall be determined under Chapter 4141. of the	148675
Revised Code.	148676

Sec. 5104.08. (A) There is hereby created in the department	148677
of job and family services a child care advisory council to advise	148678
and assist the department in the administration of this chapter	148679
and in the development of child care. The council shall consist of	148680
twenty-two voting members appointed by the director of job and	148681
family services with the approval of the governor. The director of	148682
job and family services, the director of developmental	148683
disabilities, the director of ~~mental health~~mental health and	148684
addiction services, the superintendent of public instruction, the	148685
director of health, the director of commerce, and the state fire	148686
marshal shall serve as nonvoting members of the council.	148687

Six members shall be representatives of child care centers	148688
subject to licensing, the members to represent a variety of	148689
centers, including nonprofit and proprietary, from different	148690
geographical areas of the state. At least three members shall be	148691
parents, guardians, or custodians of children receiving child care	148692
or publicly funded child care in the child's own home, a center, a	148693
type A home, a head start program, a licensed type B home, or a	148694
type B home at the time of appointment. Three members shall be	148695
representatives of in-home aides, type A homes, licensed type B	148696
homes, or type B homes or head start programs. At least six	148697
members shall represent county departments of job and family	148698
services. The remaining members shall be representatives of the	148699
teaching, child development, and health professions, and other	148700
individuals interested in the welfare of children. At least six	148701
members of the council shall not be employees or licensees of a	148702
child day-care center, head start program, or type A home, or	148703
providers operating a licensed type B home or type B home, or	148704
in-home aides.	148705

Appointments shall be for three-year terms. Vacancies shall	148706
be filled for the unexpired terms. A member of the council is	148707
subject to removal by the director of job and family services for	148708
a willful and flagrant exercise of authority or power that is not	148709
authorized by law, for a refusal or willful neglect to perform any	148710
official duty as a member of the council imposed by law, or for	148711
being guilty of misfeasance, malfeasance, nonfeasance, or gross	148712
neglect of duty as a member of the council.	148713

There shall be two co-chairpersons of the council. One	148714
co-chairperson shall be the director of job and family services or	148715
the director's designee, and one co-chairperson shall be elected	148716
by the members of the council. The council shall meet as often as	148717
is necessary to perform its duties, provided that it shall meet at	148718
least once in each quarter of each calendar year and at the call	148719
of the co-chairpersons. The co-chairpersons or their designee	148720
shall send to each member a written notice of the date, time, and	148721
place of each meeting.	148722

Members of the council shall serve without compensation, but	148723
shall be reimbursed for necessary expenses.	148724

(B) The child care advisory council shall advise the director	148725
on matters affecting the licensing of centers, type A homes, and	148726
type B homes and the certification of in-home aides. The council	148727
shall make an annual report to the director of job and family	148728
services that addresses the availability, affordability,	148729
accessibility, and quality of child care and that summarizes the	148730
recommendations and plans of action that the council has proposed	148731
to the director during the preceding fiscal year. The director of	148732
job and family services shall provide copies of the report to the	148733
governor, speaker and minority leader of the house of	148734
representatives, and the president and minority leader of the	148735
senate and, on request, shall make copies available to the public.	148736

(C) The director of job and family services shall adopt rules	148737
in accordance with Chapter 119. of the Revised Code to implement	148738
this section.	148739

Sec. 5104.32. (A) Except as provided in division (C) of this	148740
section, all purchases of publicly funded child care shall be made	148741
under a contract entered into by a licensed child day-care center,	148742
licensed type A family day-care home, licensed type B family	148743
day-care home, certified in-home aide, approved child day camp,	148744
licensed preschool program, licensed school child program, or	148745
border state child care provider and the department of job and	148746
family services. All contracts for publicly funded child care	148747
shall be contingent upon the availability of state and federal	148748
funds. The department shall prescribe a standard form to be used	148749
for all contracts for the purchase of publicly funded child care,	148750
regardless of the source of public funds used to purchase the	148751
child care. To the extent permitted by federal law and	148752
notwithstanding any other provision of the Revised Code that	148753
regulates state contracts or contracts involving the expenditure	148754
of state or federal funds, all contracts for publicly funded child	148755
care shall be entered into in accordance with the provisions of	148756
this chapter and are exempt from any other provision of the	148757
Revised Code that regulates state contracts or contracts involving	148758
the expenditure of state or federal funds.	148759

(B) Each contract for publicly funded child care shall	148760
specify at least the following:	148761

(1) That the provider of publicly funded child care agrees to	148762
be paid for rendering services at the lower of the rate	148763
customarily charged by the provider for children enrolled for	148764
child care or the reimbursement ceiling or rate of payment	148765
established pursuant to section 5104.30 of the Revised Code;	148766

(2) That, if a provider provides child care to an individual	148767
potentially eligible for publicly funded child care who is	148768
subsequently determined to be eligible, the department agrees to	148769
pay for all child care provided between the date the county	148770
department of job and family services receives the individual's	148771
completed application and the date the individual's eligibility is	148772
determined;	148773

(3) Whether the county department of job and family services,	148774
the provider, or a child care resource and referral service	148775
organization will make eligibility determinations, whether the	148776
provider or a child care resource and referral service	148777
organization will be required to collect information to be used by	148778
the county department to make eligibility determinations, and the	148779
time period within which the provider or child care resource and	148780
referral service organization is required to complete required	148781
eligibility determinations or to transmit to the county department	148782
any information collected for the purpose of making eligibility	148783
determinations;	148784

(4) That the provider, other than a border state child care	148785
provider, shall continue to be licensed, approved, or certified	148786
pursuant to this chapter and shall comply with all standards and	148787
other requirements in this chapter and in rules adopted pursuant	148788
to this chapter for maintaining the provider's license, approval,	148789
or certification;	148790

(5) That, in the case of a border state child care provider,	148791
the provider shall continue to be licensed, certified, or	148792
otherwise approved by the state in which the provider is located	148793
and shall comply with all standards and other requirements	148794
established by that state for maintaining the provider's license,	148795
certificate, or other approval;	148796

(6) Whether the provider will be paid by the state department	148797
of job and family services or in some other manner as prescribed	148798
by rules adopted under section 5104.42 of the Revised Code;	148799

(7) That the contract is subject to the availability of state	148800
and federal funds.	148801

(C) Unless specifically prohibited by federal law or by rules	148802
adopted under section 5104.42 of the Revised Code, the county	148803
department of job and family services shall give individuals	148804
eligible for publicly funded child care the option of obtaining	148805
certificates that the individual may use to purchase services from	148806
any provider qualified to provide publicly funded child care under	148807
section 5104.31 of the Revised Code. Providers of publicly funded	148808
child care may present these certificates for payment in	148809
accordance with rules that the director of job and family services	148810
shall adopt. Only providers may receive payment for certificates.	148811
The value of the certificate shall be based on the lower of the	148812
rate customarily charged by the provider or the rate of payment	148813
established pursuant to section 5104.30 of the Revised Code. The	148814
county department may provide the certificates to the individuals	148815
or may contract with child care providers or child care resource	148816
and referral service organizations that make determinations of	148817
eligibility for publicly funded child care pursuant to contracts	148818
entered into under section 5104.34 of the Revised Code for the	148819
providers or resource and referral service organizations to	148820
provide the certificates to individuals whom they determine are	148821
eligible for publicly funded child care.	148822

For each six-month period a provider of publicly funded child	148823
care provides publicly funded child care to the child of an	148824
individual given certificates, the individual shall provide the	148825
provider certificates for days the provider would have provided	148826
publicly funded child care to the child had the child been	148827
present. The maximum number of days providers shall be provided	148828
certificates shall not exceed ten days in a six-month period	148829
during which publicly funded child care is provided to the child	148830
regardless of the number of providers that provide publicly funded	148831
child care to the child during that period.	148832

(D)(1) The department shall establish the Ohio electronic	148833
child care system to track attendance and calculate payments for	148834
publicly funded child care. The system shall include issuing an	148835
electronic child care card to each caretaker parent to swipe	148836
through a point of service device issued to an eligible provider,	148837
as described in section 5104.31 of the Revised Code.	148838

(2) Each eligible provider that provides publicly funded	148839
child care shall participate in the Ohio electronic child care	148840
system. A provider participating in the system shall not do any of	148841
the following:	148842

(a) Use or have possession of an electronic child care card	148843
issued to a caretaker parent;	148844

(b) Falsify attendance records;

148845

(c) Knowingly seek payment for publicly funded child care	148846
that was not provided;	148847

(d) Knowingly accept reimbursement for publicly funded child	148848
care that was not provided.	148849

Section 110.21. That the existing versions of sections	148850
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	148851
and 5104.32 of the Revised Code that are scheduled to take effect	148852
January 1, 2014, are hereby repealed.	148853

Section 110.22. Sections 110.20 and 110.21 of this act shall	148854
take effect January 1, 2014, except that the amendments by	148855
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	148856
(50) of section 2151.011 of the Revised Code shall take effect	148857
July 1, 2014.	148858

Section 110.30. That the versions of sections 4501.01,	148859
4507.01, and 4507.06 of the Revised Code that are scheduled to	148860
take effect January 1, 2017, be amended to read as follows:	148861

Sec. 4501.01. As used in this chapter and Chapters 4503.,	148862
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	148863
Revised Code, and in the penal laws, except as otherwise provided:	148864

(A) "Vehicles" means everything on wheels or runners,	148865
including motorized bicycles, but does not mean electric personal	148866
assistive mobility devices, vehicles that are operated exclusively	148867
on rails or tracks or from overhead electric trolley wires, and	148868
vehicles that belong to any police department, municipal fire	148869
department, or volunteer fire department, or that are used by such	148870
a department in the discharge of its functions.	148871

(B) "Motor vehicle" means any vehicle, including mobile homes	148872
and recreational vehicles, that is propelled or drawn by power	148873
other than muscular power or power collected from overhead	148874
electric trolley wires. "Motor vehicle" does not include utility	148875
vehicles as defined in division (VV) of this section, under-speed	148876
vehicles as defined in division (XX) of this section, mini-trucks	148877
as defined in division (BBB) of this section, motorized bicycles,	148878
road rollers, traction engines, power shovels, power cranes, and	148879
other equipment used in construction work and not designed for or	148880
employed in general highway transportation, well-drilling	148881
machinery, ditch-digging machinery, farm machinery, and trailers	148882
that are designed and used exclusively to transport a boat between	148883
a place of storage and a marina, or in and around a marina, when	148884
drawn or towed on a public road or highway for a distance of no	148885
more than ten miles and at a speed of twenty-five miles per hour	148886
or less.	148887

(C) "Agricultural tractor" and "traction engine" mean any	148888
self-propelling vehicle that is designed or used for drawing other	148889
vehicles or wheeled machinery, but has no provisions for carrying	148890
loads independently of such other vehicles, and that is used	148891
principally for agricultural purposes.	148892

(D) "Commercial tractor," except as defined in division (C)	148893
of this section, means any motor vehicle that has motive power and	148894
either is designed or used for drawing other motor vehicles, or is	148895
designed or used for drawing another motor vehicle while carrying	148896
a portion of the other motor vehicle or its load, or both.	148897

(E) "Passenger car" means any motor vehicle that is designed	148898
and used for carrying not more than nine persons and includes any	148899
motor vehicle that is designed and used for carrying not more than	148900
fifteen persons in a ridesharing arrangement.	148901

(F) "Collector's vehicle" means any motor vehicle or	148902
agricultural tractor or traction engine that is of special	148903
interest, that has a fair market value of one hundred dollars or	148904
more, whether operable or not, and that is owned, operated,	148905
collected, preserved, restored, maintained, or used essentially as	148906
a collector's item, leisure pursuit, or investment, but not as the	148907
owner's principal means of transportation. "Licensed collector's	148908
vehicle" means a collector's vehicle, other than an agricultural	148909
tractor or traction engine, that displays current, valid license	148910
tags issued under section 4503.45 of the Revised Code, or a	148911
similar type of motor vehicle that displays current, valid license	148912
tags issued under substantially equivalent provisions in the laws	148913
of other states.	148914

(G) "Historical motor vehicle" means any motor vehicle that	148915
is over twenty-five years old and is owned solely as a collector's	148916
item and for participation in club activities, exhibitions, tours,	148917
parades, and similar uses, but that in no event is used for	148918
general transportation.	148919

(H) "Noncommercial motor vehicle" means any motor vehicle,	148920
including a farm truck as defined in section 4503.04 of the	148921
Revised Code, that is designed by the manufacturer to carry a load	148922
of no more than one ton and is used exclusively for purposes other	148923
than engaging in business for profit.	148924

(I) "Bus" means any motor vehicle that has motor power and is	148925
designed and used for carrying more than nine passengers, except	148926
any motor vehicle that is designed and used for carrying not more	148927
than fifteen passengers in a ridesharing arrangement.	148928

(J) "Commercial car" or "truck" means any motor vehicle that	148929
has motor power and is designed and used for carrying merchandise	148930
or freight, or that is used as a commercial tractor.	148931

(K) "Bicycle" means every device, other than a device that is	148932
designed solely for use as a play vehicle by a child, that is	148933
propelled solely by human power upon which a person may ride, and	148934
that has two or more wheels, any of which is more than fourteen	148935
inches in diameter.	148936

(L) "Motorized bicycle" or "moped" means any vehicle that	148937
either has two tandem wheels or one wheel in the front and two	148938
wheels in the rear, that may be pedaled, and that is equipped with	148939
a helper motor of not more than fifty cubic centimeters piston	148940
displacement that produces no more than one brake horsepower and	148941
is capable of propelling the vehicle at a speed of no greater than	148942
twenty miles per hour on a level surface.	148943

(M) "Trailer" means any vehicle without motive power that is	148944
designed or used for carrying property or persons wholly on its	148945
own structure and for being drawn by a motor vehicle, and includes	148946
any such vehicle that is formed by or operated as a combination of	148947
a semitrailer and a vehicle of the dolly type such as that	148948
commonly known as a trailer dolly, a vehicle used to transport	148949
agricultural produce or agricultural production materials between	148950
a local place of storage or supply and the farm when drawn or	148951
towed on a public road or highway at a speed greater than	148952
twenty-five miles per hour, and a vehicle that is designed and	148953
used exclusively to transport a boat between a place of storage	148954
and a marina, or in and around a marina, when drawn or towed on a	148955
public road or highway for a distance of more than ten miles or at	148956
a speed of more than twenty-five miles per hour. "Trailer" does	148957
not include a manufactured home or travel trailer.	148958

(N) "Noncommercial trailer" means any trailer, except a	148959
travel trailer or trailer that is used to transport a boat as	148960
described in division (B) of this section, but, where applicable,	148961
includes a vehicle that is used to transport a boat as described	148962
in division (M) of this section, that has a gross weight of no	148963
more than ten thousand pounds, and that is used exclusively for	148964
purposes other than engaging in business for a profit, such as the	148965
transportation of personal items for personal or recreational	148966
purposes.	148967

(O) "Mobile home" means a building unit or assembly of closed	148968
construction that is fabricated in an off-site facility, is more	148969
than thirty-five body feet in length or, when erected on site, is	148970
three hundred twenty or more square feet, is built on a permanent	148971
chassis, is transportable in one or more sections, and does not	148972
qualify as a manufactured home as defined in division (C)(4) of	148973
section 3781.06 of the Revised Code or as an industrialized unit	148974
as defined in division (C)(3) of section 3781.06 of the Revised	148975
Code.	148976

(P) "Semitrailer" means any vehicle of the trailer type that	148977
does not have motive power and is so designed or used with another	148978
and separate motor vehicle that in operation a part of its own	148979
weight or that of its load, or both, rests upon and is carried by	148980
the other vehicle furnishing the motive power for propelling	148981
itself and the vehicle referred to in this division, and includes,	148982
for the purpose only of registration and taxation under those	148983
chapters, any vehicle of the dolly type, such as a trailer dolly,	148984
that is designed or used for the conversion of a semitrailer into	148985
a trailer.	148986

(Q) "Recreational vehicle" means a vehicular portable	148987
structure that meets all of the following conditions:	148988

(1) It is designed for the sole purpose of recreational	148989
travel.	148990

(2) It is not used for the purpose of engaging in business	148991
for profit.	148992

(3) It is not used for the purpose of engaging in intrastate	148993
commerce.	148994

(4) It is not used for the purpose of commerce as defined in	148995
49 C.F.R. 383.5, as amended.	148996

(5) It is not regulated by the public utilities commission	148997
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	148998

(6) It is classed as one of the following:

148999

(a) "Travel trailer" or "house vehicle" means a	149000
nonself-propelled recreational vehicle that does not exceed an	149001
overall length of forty feet, exclusive of bumper and tongue or	149002
coupling. "Travel trailer" includes a tent-type fold-out camping	149003
trailer as defined in section 4517.01 of the Revised Code.	149004

(b) "Motor home" means a self-propelled recreational vehicle	149005
that has no fifth wheel and is constructed with permanently	149006
installed facilities for cold storage, cooking and consuming of	149007
food, and for sleeping.	149008

(c) "Truck camper" means a nonself-propelled recreational	149009
vehicle that does not have wheels for road use and is designed to	149010
be placed upon and attached to a motor vehicle. "Truck camper"	149011
does not include truck covers that consist of walls and a roof,	149012
but do not have floors and facilities enabling them to be used as	149013
a dwelling.	149014

(d) "Fifth wheel trailer" means a vehicle that is of such	149015
size and weight as to be movable without a special highway permit,	149016
that is constructed with a raised forward section that allows a	149017
bi-level floor plan, and that is designed to be towed by a vehicle	149018
equipped with a fifth-wheel hitch ordinarily installed in the bed	149019
of a truck.	149020

(e) "Park trailer" means a vehicle that is commonly known as	149021
a park model recreational vehicle, meets the American national	149022
standard institute standard A119.5 (1988) for park trailers, is	149023
built on a single chassis, has a gross trailer area of four	149024
hundred square feet or less when set up, is designed for seasonal	149025
or temporary living quarters, and may be connected to utilities	149026
necessary for the operation of installed features and appliances.	149027

(R) "Pneumatic tires" means tires of rubber and fabric or	149028
tires of similar material, that are inflated with air.	149029

(S) "Solid tires" means tires of rubber or similar elastic	149030
material that are not dependent upon confined air for support of	149031
the load.	149032

(T) "Solid tire vehicle" means any vehicle that is equipped	149033
with two or more solid tires.	149034

(U) "Farm machinery" means all machines and tools that are	149035
used in the production, harvesting, and care of farm products, and	149036
includes trailers that are used to transport agricultural produce	149037
or agricultural production materials between a local place of	149038
storage or supply and the farm, agricultural tractors, threshing	149039
machinery, hay-baling machinery, corn shellers, hammermills, and	149040
machinery used in the production of horticultural, agricultural,	149041
and vegetable products.	149042

(V) "Owner" includes any person or firm, other than a	149043
manufacturer or dealer, that has title to a motor vehicle, except	149044
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	149045
includes in addition manufacturers and dealers.	149046

(W) "Manufacturer" and "dealer" include all persons and firms	149047
that are regularly engaged in the business of manufacturing,	149048
selling, displaying, offering for sale, or dealing in motor	149049
vehicles, at an established place of business that is used	149050
exclusively for the purpose of manufacturing, selling, displaying,	149051
offering for sale, or dealing in motor vehicles. A place of	149052
business that is used for manufacturing, selling, displaying,	149053
offering for sale, or dealing in motor vehicles shall be deemed to	149054
be used exclusively for those purposes even though snowmobiles or	149055
all-purpose vehicles are sold or displayed for sale thereat, even	149056
though farm machinery is sold or displayed for sale thereat, or	149057
even though repair, accessory, gasoline and oil, storage, parts,	149058
service, or paint departments are maintained thereat, or, in any	149059
county having a population of less than seventy-five thousand at	149060
the last federal census, even though a department in a place of	149061
business is used to dismantle, salvage, or rebuild motor vehicles	149062
by means of used parts, if such departments are operated for the	149063
purpose of furthering and assisting in the business of	149064
manufacturing, selling, displaying, offering for sale, or dealing	149065
in motor vehicles. Places of business or departments in a place of	149066
business used to dismantle, salvage, or rebuild motor vehicles by	149067
means of using used parts are not considered as being maintained	149068
for the purpose of assisting or furthering the manufacturing,	149069
selling, displaying, and offering for sale or dealing in motor	149070
vehicles.	149071

(X) "Operator" includes any person who drives or operates a	149072
motor vehicle upon the public highways.	149073

(Y) "Chauffeur" means any operator who operates a motor	149074
vehicle, other than a taxicab, as an employee for hire; or any	149075
operator whether or not the owner of a motor vehicle, other than a	149076
taxicab, who operates such vehicle for transporting, for gain,	149077
compensation, or profit, either persons or property owned by	149078
another. Any operator of a motor vehicle who is voluntarily	149079
involved in a ridesharing arrangement is not considered an	149080
employee for hire or operating such vehicle for gain,	149081
compensation, or profit.	149082

(Z) "State" includes the territories and federal districts of	149083
the United States, and the provinces of Canada.	149084

(AA) "Public roads and highways" for vehicles includes all	149085
public thoroughfares, bridges, and culverts.	149086

(BB) "Manufacturer's number" means the manufacturer's	149087
original serial number that is affixed to or imprinted upon the	149088
chassis or other part of the motor vehicle.	149089

(CC) "Motor number" means the manufacturer's original number	149090
that is affixed to or imprinted upon the engine or motor of the	149091
vehicle.	149092

(DD) "Distributor" means any person who is authorized by a	149093
motor vehicle manufacturer to distribute new motor vehicles to	149094
licensed motor vehicle dealers at an established place of business	149095
that is used exclusively for the purpose of distributing new motor	149096
vehicles to licensed motor vehicle dealers, except when the	149097
distributor also is a new motor vehicle dealer, in which case the	149098
distributor may distribute at the location of the distributor's	149099
licensed dealership.	149100

(EE) "Ridesharing arrangement" means the transportation of	149101
persons in a motor vehicle where the transportation is incidental	149102
to another purpose of a volunteer driver and includes ridesharing	149103
arrangements known as carpools, vanpools, and buspools.	149104

(FF) "Apportionable vehicle" means any vehicle that is used	149105
or intended for use in two or more international registration plan	149106
member jurisdictions that allocate or proportionally register	149107
vehicles, that is used for the transportation of persons for hire	149108
or designed, used, or maintained primarily for the transportation	149109
of property, and that meets any of the following qualifications:	149110

(1) Is a power unit having a gross vehicle weight in excess	149111
of twenty-six thousand pounds;	149112

(2) Is a power unit having three or more axles, regardless of	149113
the gross vehicle weight;	149114

(3) Is a combination vehicle with a gross vehicle weight in	149115
excess of twenty-six thousand pounds.	149116

"Apportionable vehicle" does not include recreational	149117
vehicles, vehicles displaying restricted plates, city pick-up and	149118
delivery vehicles, buses used for the transportation of chartered	149119
parties, or vehicles owned and operated by the United States, this	149120
state, or any political subdivisions thereof.	149121

(GG) "Chartered party" means a group of persons who contract	149122
as a group to acquire the exclusive use of a passenger-carrying	149123
motor vehicle at a fixed charge for the vehicle in accordance with	149124
the carrier's tariff, lawfully on file with the United States	149125
department of transportation, for the purpose of group travel to a	149126
specified destination or for a particular itinerary, either agreed	149127
upon in advance or modified by the chartered group after having	149128
left the place of origin.	149129

(HH) "International registration plan" means a reciprocal	149130
agreement of member jurisdictions that is endorsed by the American	149131
association of motor vehicle administrators, and that promotes and	149132
encourages the fullest possible use of the highway system by	149133
authorizing apportioned registration of fleets of vehicles and	149134
recognizing registration of vehicles apportioned in member	149135
jurisdictions.	149136

(II) "Restricted plate" means a license plate that has a	149137
restriction of time, geographic area, mileage, or commodity, and	149138
includes license plates issued to farm trucks under division (J)	149139
of section 4503.04 of the Revised Code.	149140

(JJ) "Gross vehicle weight," with regard to any commercial	149141
car, trailer, semitrailer, or bus that is taxed at the rates	149142
established under section 4503.042 or 4503.65 of the Revised Code,	149143
means the unladen weight of the vehicle fully equipped plus the	149144
maximum weight of the load to be carried on the vehicle.	149145

(KK) "Combined gross vehicle weight" with regard to any	149146
combination of a commercial car, trailer, and semitrailer, that is	149147
taxed at the rates established under section 4503.042 or 4503.65	149148
of the Revised Code, means the total unladen weight of the	149149
combination of vehicles fully equipped plus the maximum weight of	149150
the load to be carried on that combination of vehicles.	149151

(LL) "Chauffeured limousine" means a motor vehicle that is	149152
designed to carry nine or fewer passengers and is operated for	149153
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	149154
transportation of passengers on public roads and highways along a	149155
route under the control of the person hiring the vehicle and not	149156
over a defined and regular route. "Prearranged contract" means an	149157
agreement, made in advance of boarding, to provide transportation	149158
from a specific location in a chauffeured limousine ~~at a fixed~~	149159
~~rate per hour or trip~~. "Chauffeured limousine" does not include	149160
any vehicle that is used exclusively in the business of funeral	149161
directing.	149162

(MM) "Manufactured home" has the same meaning as in division	149163
(C)(4) of section 3781.06 of the Revised Code.	149164

(NN) "Acquired situs," with respect to a manufactured home or	149165
a mobile home, means to become located in this state by the	149166
placement of the home on real property, but does not include the	149167
placement of a manufactured home or a mobile home in the inventory	149168
of a new motor vehicle dealer or the inventory of a manufacturer,	149169
remanufacturer, or distributor of manufactured or mobile homes.	149170

(OO) "Electronic" includes electrical, digital, magnetic,	149171
optical, electromagnetic, or any other form of technology that	149172
entails capabilities similar to these technologies.	149173

(PP) "Electronic record" means a record generated,	149174
communicated, received, or stored by electronic means for use in	149175
an information system or for transmission from one information	149176
system to another.	149177

(QQ) "Electronic signature" means a signature in electronic	149178
form attached to or logically associated with an electronic	149179
record.	149180

(RR) "Financial transaction device" has the same meaning as	149181
in division (A) of section 113.40 of the Revised Code.	149182

(SS) "Electronic motor vehicle dealer" means a motor vehicle	149183
dealer licensed under Chapter 4517. of the Revised Code whom the	149184
registrar of motor vehicles determines meets the criteria	149185
designated in section 4503.035 of the Revised Code for electronic	149186
motor vehicle dealers and designates as an electronic motor	149187
vehicle dealer under that section.	149188

(TT) "Electric personal assistive mobility device" means a	149189
self-balancing two non-tandem wheeled device that is designed to	149190
transport only one person, has an electric propulsion system of an	149191
average of seven hundred fifty watts, and when ridden on a paved	149192
level surface by an operator who weighs one hundred seventy pounds	149193
has a maximum speed of less than twenty miles per hour.	149194

(UU) "Limited driving privileges" means the privilege to	149195
operate a motor vehicle that a court grants under section 4510.021	149196
of the Revised Code to a person whose driver's or commercial	149197
driver's license or permit or nonresident operating privilege has	149198
been suspended.	149199

(VV) "Utility vehicle" means a self-propelled vehicle	149200
designed with a bed, principally for the purpose of transporting	149201
material or cargo in connection with construction, agricultural,	149202
forestry, grounds maintenance, lawn and garden, materials	149203
handling, or similar activities.	149204

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	149205
vehicle with an attainable speed in one mile on a paved level	149206
surface of more than twenty miles per hour but not more than	149207
twenty-five miles per hour and with a gross vehicle weight rating	149208
less than three thousand pounds.	149209

(XX) "Under-speed vehicle" means a three- or four-wheeled	149210
vehicle, including a vehicle commonly known as a golf cart, with	149211
an attainable speed on a paved level surface of not more than	149212
twenty miles per hour and with a gross vehicle weight rating less	149213
than three thousand pounds.	149214

(YY) "Motor-driven cycle or motor scooter" means any vehicle	149215
designed to travel on not more than three wheels in contact with	149216
the ground, with a seat for the driver and floor pad for the	149217
driver's feet, and is equipped with a motor with a piston	149218
displacement between fifty and one hundred fifty cubic centimeters	149219
piston displacement that produces not more than five brake	149220
horsepower and is capable of propelling the vehicle at a speed	149221
greater than twenty miles per hour on a level surface.	149222

(ZZ) "Motorcycle" means a motor vehicle with motive power	149223
having a seat or saddle for the use of the operator, designed to	149224
travel on not more than three wheels in contact with the ground,	149225
and having no occupant compartment top or occupant compartment top	149226
that can be installed or removed by the user.	149227

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	149228
motive power having a seat or saddle for the use of the operator,	149229
designed to travel on not more than three wheels in contact with	149230
the ground, and having an occupant compartment top or an occupant	149231
compartment top that can be installed or removed by the user.	149232

(BBB) "Mini-truck" means a vehicle that has four wheels, is	149233
propelled by an electric motor with a rated power of seven	149234
thousand five hundred watts or less or an internal combustion	149235
engine with a piston displacement capacity of six hundred sixty	149236
cubic centimeters or less, has a total dry weight of nine hundred	149237
to two thousand two hundred pounds, contains an enclosed cabin and	149238
a seat for the vehicle operator, resembles a pickup truck or van	149239
with a cargo area or bed located at the rear of the vehicle, and	149240
was not originally manufactured to meet federal motor vehicle	149241
safety standards.	149242

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	149243
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	149244
and "highways" have the same meanings as in section 4501.01 of the	149245
Revised Code.	149246

"Driver's license" means a class D license issued to any	149247
person to operate a motor vehicle or motor-driven cycle, other	149248
than a commercial motor vehicle, and includes "probationary	149249
license," "restricted license," and any operator's or chauffeur's	149250
license issued before January 1, 1990.	149251

"Probationary license" means the license issued to any person	149252
between sixteen and eighteen years of age to operate a motor	149253
vehicle.	149254

"Restricted license" means the license issued to any person	149255
to operate a motor vehicle subject to conditions or restrictions	149256
imposed by the registrar of motor vehicles.	149257

"Commercial driver's license" means the license issued to a	149258
person under Chapter 4506. of the Revised Code to operate a	149259
commercial motor vehicle.	149260

"Commercial motor vehicle" has the same meaning as in section	149261
4506.01 of the Revised Code.	149262

"Motorcycle operator's temporary instruction permit, license,	149263
or endorsement" includes a temporary instruction permit, license,	149264
or endorsement for a motor-driven cycle or motor scooter unless	149265
otherwise specified.	149266

"Motorized bicycle license" means the license issued under	149267
section 4511.521 of the Revised Code to any person to operate a	149268
motorized bicycle including a "probationary motorized bicycle	149269
license."	149270

"Probationary motorized bicycle license" means the license	149271
issued under section 4511.521 of the Revised Code to any person	149272
between fourteen and sixteen years of age to operate a motorized	149273
bicycle.	149274

"Identification card" means a card issued under sections	149275
4507.50 and 4507.51 of the Revised Code.	149276

"Resident" means a person who, in accordance with standards	149277
prescribed in rules adopted by the registrar, resides in this	149278
state on a permanent basis.	149279

"Temporary resident" means a person who, in accordance with	149280
standards prescribed in rules adopted by the registrar, resides in	149281
this state on a temporary basis.	149282

(B) In the administration of this chapter and Chapter 4506.	149283
of the Revised Code, the registrar has the same authority as is	149284
conferred on the registrar by section 4501.02 of the Revised Code.	149285
Any act of an authorized deputy registrar of motor vehicles under	149286
direction of the registrar is deemed the act of the registrar.	149287

To carry out this chapter, the registrar shall appoint such	149288
deputy registrars ~~in each county~~ as are necessary.	149289

The registrar also shall provide at each place where an	149290
application for a driver's or commercial driver's license or	149291
identification card may be made the necessary equipment to take a	149292
color photograph of the applicant for such license or card as	149293
required under section 4506.11 or 4507.06 of the Revised Code, and	149294
to conduct the vision screenings required by section 4507.12 of	149295
the Revised Code, and equipment to laminate licenses, motorized	149296
bicycle licenses, and identification cards as required by sections	149297
4507.13, 4507.52, and 4511.521 of the Revised Code.	149298

The registrar shall assign one or more deputy registrars to	149299
any driver's license examining station operated under the	149300
supervision of the director of public safety, whenever the	149301
registrar considers such assignment possible. Space shall be	149302
provided in the driver's license examining station for any such	149303
deputy registrar so assigned. The deputy registrars shall not	149304
exercise the powers conferred by such sections upon the registrar,	149305
unless they are specifically authorized to exercise such powers by	149306
such sections.	149307

(C) No agent for any insurance company, writing automobile	149308
insurance, shall be appointed deputy registrar, and any such	149309
appointment is void. No deputy registrar shall in any manner	149310
solicit any form of automobile insurance, nor in any manner	149311
advise, suggest, or influence any licensee or applicant for	149312
license for or against any kind or type of automobile insurance,	149313
insurance company, or agent, nor have the deputy registrar's	149314
office directly connected with the office of any automobile	149315
insurance agent, nor impart any information furnished by any	149316
applicant for a license or identification card to any person,	149317
except the registrar. This division shall not apply to any	149318
nonprofit corporation appointed deputy registrar.	149319

(D) The registrar shall immediately remove a deputy registrar	149320
who violates the requirements of this chapter.	149321

(E) The registrar shall periodically solicit bids and enter	149322
into a contract for the provision of laminating equipment and	149323
laminating materials to the registrar and all deputy registrars.	149324
The registrar shall not consider any bid that does not provide for	149325
the supplying of both laminating equipment and laminating	149326
materials. The laminating materials selected shall contain a	149327
security feature so that any tampering with the laminating	149328
material covering a license or identification card is readily	149329
apparent. In soliciting bids and entering into a contract for the	149330
provision of laminating equipment and laminating materials, the	149331
registrar shall observe all procedures required by law.	149332

Sec. 4507.06. (A)(1) Every application for a driver's	149333
license, motorcycle operator's license or endorsement, or	149334
motor-driven cycle or motor scooter license or endorsement, or	149335
duplicate of any such license or endorsement, shall be made upon	149336
the approved form furnished by the registrar of motor vehicles and	149337
shall be signed by the applicant.	149338

Every application shall state the following:

149339

(a) The applicant's name, date of birth, social security	149340
number if such has been assigned, sex, general description,	149341
including height, weight, color of hair, and eyes, residence	149342
address, including county of residence, duration of residence in	149343
this state, and country of citizenship;	149344

(b) Whether the applicant previously has been licensed as an	149345
operator, chauffeur, driver, commercial driver, or motorcycle	149346
operator and, if so, when, by what state, and whether such license	149347
is suspended or canceled at the present time and, if so, the date	149348
of and reason for the suspension or cancellation;	149349

(c) Whether the applicant is now or ever has been afflicted	149350
with epilepsy, or whether the applicant now is suffering from any	149351
physical or mental disability or disease and, if so, the nature	149352
and extent of the disability or disease, giving the names and	149353
addresses of physicians then or previously in attendance upon the	149354
applicant;	149355

(d) Whether an applicant for a duplicate driver's license,	149356
duplicate license containing a motorcycle operator endorsement, or	149357
duplicate license containing a motor-driven cycle or motor scooter	149358
endorsement has pending a citation for violation of any motor	149359
vehicle law or ordinance, a description of any such citation	149360
pending, and the date of the citation;	149361

(e) ~~Whether~~If an applicant has not certified the applicant's	149362
willingness to make an anatomical gift under section 2108.05 of	149363
the Revised Code, whether the applicant wishes to certify	149364
willingness to make such an anatomical gift ~~under section 2108.05~~	149365
~~of the Revised Code~~, which shall be given no consideration in the	149366
issuance of a license or endorsement;	149367

(f) Whether the applicant has executed a valid durable power	149368
of attorney for health care pursuant to sections 1337.11 to	149369
1337.17 of the Revised Code or has executed a declaration	149370
governing the use or continuation, or the withholding or	149371
withdrawal, of life-sustaining treatment pursuant to sections	149372
2133.01 to 2133.15 of the Revised Code and, if the applicant has	149373
executed either type of instrument, whether the applicant wishes	149374
the applicant's license to indicate that the applicant has	149375
executed the instrument;	149376

(g) On and after October 7, 2009, whether the applicant is a	149377
veteran, active duty, or reservist of the armed forces of the	149378
United States and, if the applicant is such, whether the applicant	149379
wishes the applicant's license to indicate that the applicant is a	149380
veteran, active duty, or reservist of the armed forces of the	149381
United States by a military designation on the license.	149382

(2) Every applicant for a driver's license shall be	149383
photographed in color at the time the application for the license	149384
is made. The application shall state any additional information	149385
that the registrar requires.	149386

(B) The registrar or a deputy registrar, in accordance with	149387
section 3503.11 of the Revised Code, shall register as an elector	149388
any person who applies for a license or endorsement under division	149389
(A) of this section, or for a renewal or duplicate of the license	149390
or endorsement, if the applicant is eligible and wishes to be	149391
registered as an elector. The decision of an applicant whether to	149392
register as an elector shall be given no consideration in the	149393
decision of whether to issue the applicant a license or	149394
endorsement, or a renewal or duplicate.	149395

(C) The registrar or a deputy registrar, in accordance with	149396
section 3503.11 of the Revised Code, shall offer the opportunity	149397
of completing a notice of change of residence or change of name to	149398
any applicant for a driver's license or endorsement under division	149399
(A) of this section, or for a renewal or duplicate of the license	149400
or endorsement, if the applicant is a registered elector who has	149401
changed the applicant's residence or name and has not filed such a	149402
notice.	149403

(D) In addition to any other information it contains, on and	149404
after October 7, 2009, the approved form furnished by the	149405
registrar of motor vehicles for an application for a license or	149406
endorsement or an application for a duplicate of any such license	149407
or endorsement shall inform applicants that the applicant must	149408
present a copy of the applicant's DD-214 or an equivalent document	149409
in order to qualify to have the license or duplicate indicate that	149410
the applicant is a veteran, active duty, or reservist of the armed	149411
forces of the United States based on a request made pursuant to	149412
division (A)(1)(g) of this section.	149413

Section 110.31. That the existing versions of sections	149414
4501.01, 4507.01, and 4507.06 of the Revised Code that are	149415
scheduled to take effect January 1, 2017, are hereby repealed.	149416

Section 110.32. Sections 110.30 and 110.31 of this act shall	149417
take effect January 1, 2017.	149418

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	149419
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	149420
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	149421
Code are hereby repealed, effective October 16, 2015.	149422

(B) Any money remaining in the Legislative Budget Services	149423
Fund on October 16, 2015, the date that section 5168.12 of the	149424
Revised Code is repealed by division (A) of this section, shall be	149425
used solely for the purposes stated in then former section 5168.12	149426
of the Revised Code. When all money in the Legislative Budget	149427
Services Fund has been spent after then former section 5168.12 of	149428
the Revised Code is repealed under division (A) of this section,	149429
the fund shall cease to exist.	149430

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	149431
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	149432
Code are hereby repealed, effective October 1, 2015.	149433

Section 125.11.03. Section 5124.67 of the Revised Code is	149434
hereby repealed, effective July 1, 2018.	149435

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	149436
153 of the 129th General Assembly is hereby repealed.	149437

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	149438
121st General Assembly, as most recently amended by Am. Sub. H.B.	149439
153 of the 129th General Assembly, is hereby repealed.	149440

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	149441
128th General Assembly, as most recently amended by Am. Sub. H.B.	149442
153 of the 129th General Assembly, is hereby repealed.	149443

Section 125.14. That Section 514.03 of Am. Sub. H.B. 66 of	149444
the 126th General Assembly is hereby repealed.	149445

Section 201.10. Except as otherwise provided in this act,	149446
all appropriation items in this act are appropriated out of any	149447
moneys in the state treasury to the credit of the designated fund	149448
that are not otherwise appropriated. For all appropriations made	149449
in this act, the amounts in the first column are for fiscal year	149450
2014 and the amounts in the second column are for fiscal year	149451
2015.	149452

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

149453

General Services Fund Group	149454

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	149455
4K90	889609	Operating Expenses	$	977,500	$	977,500	149456
TOTAL GSF General Services Fund							149457
Group			$	1,302,500	$	1,302,500	149458
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	149459

Section 205.10. ADJ ADJUTANT GENERAL

149461

General Revenue Fund	149462

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	149463
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	149464
GRF	745407	National Guard Benefits	$	400,000	$	400,000	149465
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	149466
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	149467
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	149468

General Services Fund Group	149469

5340	745612	Property Operations Management	$	534,304	$	534,304	149470
5360	745605	Marksmanship Activities	$	128,600	$	128,600	149471
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	149472
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	149473
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	149474

Federal Special Revenue Fund Group	149475

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	149476
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	149477
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	149478
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	149479
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	149480

State Special Revenue Fund Group	149481

5U80	745613		Community Match Armories		$	350,000		$	350,000		149482
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		149483

TOTAL ALL BUDGET FUND GROUPS

45,495,633

149484

NATIONAL GUARD BENEFITS

149485

The foregoing appropriation item 745407, National Guard	149486
Benefits, shall be used for purposes of sections 5919.31 and	149487
5919.33 of the Revised Code, and for administrative costs of the	149488
associated programs.	149489

If necessary, in order to pay benefits in a timely manner	149490
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	149491
Adjutant General may request the Director of Budget and Management	149492
transfer appropriation from any appropriation item used by the	149493
Adjutant General to appropriation item 745407, National Guard	149494
Benefits. The Adjutant General may subsequently seek Controlling	149495
Board approval to restore the appropriation in the appropriation	149496
item from which such a transfer was made.	149497

For active duty members of the Ohio National Guard who died	149498
after October 7, 2001, while performing active duty, the death	149499
benefit, pursuant to section 5919.33 of the Revised Code, shall be	149500
paid to the beneficiary or beneficiaries designated on the	149501
member's Servicemembers' Group Life Insurance Policy.	149502

STATE ACTIVE DUTY COSTS

149503

Of the foregoing appropriation item 745409, Central	149504
Administration, $50,000 in each fiscal year shall be used for the	149505
purpose of paying expenses related to state active duty of members	149506
of the Ohio organized militia, in accordance with a proclamation	149507
of the Governor. Expenses include, but are not limited to, the	149508
cost of equipment, supplies, and services, as determined by the	149509
Adjutant General's Department.	149510

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

149511

General Revenue Fund	149512

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	149513
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	149514
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	149515
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	149516
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	149517
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	149518
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	149519
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	149520
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	149521
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	149522
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	149523
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	149524
TOTAL GRF General Revenue Fund			$	158,052,951	$	163,247,551	149525

General Services Fund Group	149526

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	149527
1150	100632	Central Service Agency	$	911,580	$	927,699	149528
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	149529
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	149530
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	149531
1250	100657	Benefits Communication	$	712,316	$	712,316	149532
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	149533
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	149534
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	149535
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	149536
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	149537
2100	100612	State Printing	$	20,459,526	$	20,459,526	149538
2290	100630	IT Governance	$	16,446,474	$	16,446,474	149539
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	149540
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	149541
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	149542
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	149543
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	149544
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	149545
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	149546
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	149547
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	149548
5KZ0	100659	Building Improvement	$	500,000	$	500,000	149549
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	149550
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	149551
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	149552
5V60	100619	Employee Educational Development	$	800,000	$	800,000	149553
TOTAL GSF General Services Fund							149554
Group			$	333,614,857	$	320,854,742	149555

Federal Special Revenue Fund Group	149556

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	149557
TOTAL FED Federal Special Revenue							149558
Fund Group			$	1,723,009	$	1,723,009	149559

State Special Revenue Fund Group	149560

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	149561
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	149562
5NM0	100663	911 Program	$	290,000	$	290,000	149563
TOTAL SSR State Special Revenue							149564
Fund Group			$	3,399,257	$	1,360,891	149565
TOTAL ALL BUDGET FUND GROUPS			$	496,790,074	$	487,186,193	149566

Section 207.20. OAKS LEASE RENTAL PAYMENTS

149568

The foregoing appropriation item 100415, OAKS Lease Rental	149569
Payments, shall be used for payments at the times they are	149570
required to be made for the period from July 1, 2013, through June	149571
30, 2015, pursuant to leases and agreements entered into under	149572
Chapter 125. of the Revised Code, as supplemented by Section	149573
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	149574
other prior acts of the General Assembly, with respect to	149575
financing the costs associated with the acquisition, development,	149576
installation, and implementation of the Ohio Administrative	149577
Knowledge System. If it is determined that additional	149578
appropriations are necessary for this purpose, the amounts are	149579
hereby appropriated.	149580

Section 207.30. STARS LEASE RENTAL PAYMENTS

149581

The foregoing appropriation item 100416, STARS Lease Rental	149582
Payments, shall be used for payments at the times they are	149583
required to be made for the period from July 1, 2013, through June	149584
30, 2015, pursuant to leases and agreements entered into under	149585
Chapter 125. of the Revised Code, as supplemented by Section	149586
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	149587
other prior acts of the General Assembly, with respect to	149588
financing the cost for the acquisition, development, installation,	149589
and implementation of the State Taxation Accounting and Revenue	149590
System (STARS). If it is determined that additional appropriations	149591
are necessary for this purpose, the amounts are appropriated.	149592

The State Taxation Accounting and Revenue System (STARS) is	149593
an integrated tax collection and audit system that will replace	149594
all of the state's existing separate tax software and	149595
administration systems for the various taxes collected by the	149596
state. The Department of Administrative Services, in conjunction	149597
with the Department of Taxation, may acquire STARS, including, but	149598
not limited to, the application hardware and software and	149599
installation and implementation thereof, for the use of the	149600
Department of Taxation. Any lease-purchase agreement used under	149601
Chapter 125. of the Revised Code to acquire STARS, including any	149602
fractionalized interests as defined in division (N) of section	149603
133.01 of the Revised Code in the lease payments under that	149604
agreement, shall provide at the end of the lease period that the	149605
financed asset becomes the property of the state. The principal	149606
amount of any new such financing is limited, excluding the	149607
principal amounts of any lease-purchase financing heretofore	149608
completed for STARS, to the amount of $20,000,000.	149609

Section 207.40. MARCS LEASE RENTAL PAYMENTS

149610

The foregoing appropriation item 100414, MARCS Lease Rental	149611
Payments, shall be used for payments at the times they are	149612
required to be made for the period from July 1, 2013, through June	149613
30, 2015, pursuant to leases and agreements entered into under	149614
Chapter 125. of the Revised Code, as supplemented by Section	149615
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	149616
respect to financing the cost for the acquisition, development,	149617
installation, and implementation of the Multi-Agency Radio	149618
Communication System (MARCS) upgrade. If it is determined that	149619
additional appropriations are necessary for this purpose, the	149620
amounts are hereby appropriated.	149621

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	149622
UPGRADE	149623

The Multi-Agency Radio Communications System (MARCS) is a	149624
statewide computer and communications network designed to provide	149625
instant voice and data communication and supply a communications	149626
backbone to public safety and emergency management. The Department	149627
of Administrative Services may update or add functionality to	149628
MARCS to upgrade the existing system to a 700/800 megahertz voice	149629
and data system specifically designed to support interoperable	149630
communications for public safety law enforcement and first	149631
responders. The improvements may include, but are not limited to,	149632
hardware and software and the installation and implementation	149633
thereof. Any lease-purchase agreement utilized under Chapter 125.	149634
of the Revised Code to acquire MARCS and the enhancements	149635
described above, including any fractionalized interest as defined	149636
in division (N) of section 133.01 of the Revised Code in the lease	149637
payments under that agreement, shall provide at the end of the	149638
lease period that the financed asset becomes the property of the	149639
state. The principal amount of any new such financing is limited,	149640
in addition to the principal amounts of lease-purchase financing	149641
heretofore completed for MARCS, to the amount of $27,000,000.	149642

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

149643

The foregoing appropriation item 100447, Administrative	149644
Building Lease Rental Payments, shall be used to meet all payments	149645
at the times they are required to be made during the period from	149646
July 1, 2013, through June 30, 2015, by the Department of	149647
Administrative Services pursuant to leases and agreements under	149648
Chapters 152. and 154. of the Revised Code. These appropriations	149649
are the source of funds pledged for bond service charges on	149650
related obligations issued under Chapters 152. and 154. of the	149651
Revised Code.	149652

The foregoing appropriation item 100448, Office Building	149653
Operating Payments, shall be used to pay the expenses of vacant	149654
space, space undergoing renovation, agencies funded by the General	149655
Revenue Fund, and the rent expenses of tenants that have been	149656
relocated because of building renovations that occupy space in the	149657
James A. Rhodes State Office Tower, the Vern Riffe Center for	149658
Government and the Arts, the Frank J. Lausche State Office	149659
Building, the Michael V. DiSalle Government Center, and the Oliver	149660
R. Ocasek Government Office Building.	149661

At least once per year, the portion of appropriation item	149662
100448, Office Building Operating Payments, that is not used for	149663
expenses of agencies funded by the General Revenue Fund, vacant	149664
space, space undergoing renovation, and the rent expenses of	149665
tenants that are relocated because of building renovations shall	149666
be processed by the Department of Administrative Services through	149667
intrastate voucher and placed in the Building Improvements Fund	149668
(Fund 5KZ0).	149669

Section 207.70. DAS - BUILDING OPERATING PAYMENTS AND	149670
BUILDING MANAGEMENT FUND	149671

The foregoing appropriation item 100449, DAS - Building	149672
Operating Payments, shall be used to pay the rent expenses of	149673
veterans organizations pursuant to section 123.024 of the Revised	149674
Code in fiscal years 2014 and 2015.	149675

The foregoing appropriation item, 100449, DAS - Building	149676
Operating Payments, also may be used to provide funding for the	149677
cost of property appraisals or building studies that the	149678
Department of Administrative Services may be required to obtain	149679
for property that is being sold by the state or property under	149680
consideration to be renovated or purchased by the state.	149681

Notwithstanding section 125.28 of the Revised Code, the	149682
remaining portion of the appropriation may be used to pay the	149683
operating expenses of state facilities maintained by the	149684
Department of Administrative Services that are not billed to	149685
building tenants, or other costs associated with the Voinovich	149686
Center in Youngstown, Ohio. These expenses may include, but are	149687
not limited to, the costs for vacant space and space undergoing	149688
renovation, and the rent expenses of tenants that are relocated	149689
because of building renovations. These payments may be processed	149690
by the Department of Administrative Services through intrastate	149691
transfer vouchers and placed in the Building Management Fund (Fund	149692
1320) or the Information Technology Services Fund (Fund 1330).	149693

Notwithstanding section 125.28 of the Revised Code, the	149694
Department of Administrative Services may forego some or all of	149695
the amounts attributable to debt service included in	149696
reimbursements made by tenants who are supported in whole or in	149697
part by non-GRF money for the costs of occupying space at the	149698
North High Street Complex in Columbus.	149699

The Director of Budget and Management shall transfer the	149700
portion of payments attributed to depreciation from Fund 1320 to	149701
the General Revenue Fund, as applicable.	149702

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	149703
HUMAN RESOURCES SERVICES FUND	149704

Upon request of the Director of Administrative Services,	149705
during the FY 2014 - FY 2015 biennium, the Director of Budget and	149706
Management shall transfer up to $975,000 from the Workforce	149707
Development Fund (Fund 5D70) to the Human Resources Services Fund	149708
(Fund 1250) to support one-time human resources administration	149709
activities for state agencies.	149710

Section 207.80. CENTRAL SERVICE AGENCY FUND

149711

Appropriation item 100632, Central Service Agency, shall be	149712
used to purchase the equipment, products, and services that are	149713
needed to maintain existing automated applications for the	149714
professional licensing boards and the Casino Control Commission to	149715
support board licensing functions in fiscal years 2014 and 2015	149716
until these functions are replaced by the Ohio Professionals	149717
Licensing System. The Department of Administrative Services shall	149718
establish charges for recovering the costs of carrying out these	149719
functions. The charges shall be billed to the professional	149720
licensing boards and the Casino Control Commission, and deposited	149721
via intrastate transfer vouchers to the credit of the Central	149722
Service Agency Fund (Fund 1150).	149723

Upon implementation of the replacement Ohio Professionals	149724
Licensing System and the decommissioning of the existing automated	149725
applications, the Director of Budget and Management may transfer	149726
any cash balances that remain in the Central Service Agency Fund	149727
(Fund 1150) and that are attributable to the operation of the	149728
existing automated applications to the Professions Licensing	149729
System Fund (Fund 5JQ0).	149730

Section 207.90. GENERAL SERVICE CHARGES

149731

The Department of Administrative Services, with the approval	149732
of the Director of Budget and Management, shall establish charges	149733
for recovering the costs of administering the programs funded by	149734
the General Services Fund (Fund 1170) and the State Printing Fund	149735
(Fund 2100). Such charges within Fund 1170 may be used to recover	149736
the cost of paying a vendor to establish reduced pricing for	149737
contracted supplies or services.	149738

If the Director of Administrative Services determines that	149739
additional amounts are necessary to pay for consulting and	149740
administrative costs related to securing lower pricing, the	149741
Director of Administrative Services may request that the Director	149742
of Budget and Management approve additional expenditures. Such	149743
approved additional amounts are appropriated to appropriation item	149744
100644, General Services Division-Operating.	149745

Section 207.93. CASH TRANSFER TO THE INVESTMENT RECOVERY FUND

149746

Notwithstanding division (B) of section 125.14 of the Revised	149747
Code, the Director of Budget and Management, at the request of the	149748
Director of Administrative Services, shall transfer up to $200,000	149749
of cash in excess of needs from the General Services Fund (Fund	149750
1170) to the Investment Recovery Fund (Fund 4270) during the	149751
biennium beginning July 1, 2013, and ending June 30, 2015, to pay	149752
the operating expenses of the State Surplus, Federal Surplus, and	149753
Asset Management Programs, including expenses to develop database	149754
systems for use in these programs.	149755

Section 207.95. TRANSFER OF THE EMPLOYEE ASSISTANCE PROGRAM	149756
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES	149757

Effective July 1, 2013, the Employee Assistance Program under	149758
section 3701.041 of the Revised Code shall be transferred to the	149759
Ohio Department of Administrative Services. The Department of	149760
Administrative Services is thereupon and thereafter successor to,	149761
assumes the operations, functions, powers, and obligations of, and	149762
otherwise constitutes the continuation of the Employee Assistance	149763
Program as provided in section 3701.041 (124.88) of the Revised	149764
Code. All related functions, equipment, assets, and liabilities,	149765
regardless of form or medium, agreements, and contracts of the	149766
program are transferred to the Department of Administrative	149767
Services.	149768

Employees of the Employee Assistance Program shall be	149769
transferred to the Department of Administrative Services in their	149770
same classification, and shall retain the rights specified in	149771
sections 124.321 to 124.328 of the Revised Code.	149772

On and after the effective date of this section,	149773
notwithstanding any provision of the law to the contrary, if	149774
requested by the Director of Administrative Services, the Director	149775
of Budget and Management shall make the budget changes made	149776
necessary by the transfer, if any, including administrative	149777
reorganization or program transfers.	149778

Effective July 1, 2013, the Director of Budget and Management	149779
shall cancel any existing encumbrances against appropriation item	149780
440633, Employee Assistance Program, and reestablish them against	149781
appropriation item 100622, Human Resources Division - Operating.	149782
The reestablished encumbrance amounts are hereby appropriated. Any	149783
business commenced but not completed under appropriation item	149784
440633, Employee Assistance Program, by July 1, 2013, shall be	149785
completed under appropriation item 100622, Human Resources	149786
Division - Operating, in the same manner, and with the same	149787
effect, as if completed with regard to appropriation item 440633,	149788
Employee Assistance Program. All of the rules, policies, orders,	149789
and determinations associated with the program continue in effect	149790
as rules, orders, and determinations associated with the	149791
Department of Administrative Services until modified or rescinded	149792
by the Director of Administrative Services. If necessary to ensure	149793
the integrity of the Administrative Code rule numbering system,	149794
the Director of the Legislative Service Commission shall renumber	149795
the rules relating to the Employee Assistance Program to reflect	149796
their transfer to the Department of Administrative Services. No	149797
validation, cure, right, privilege, remedy, obligation, or	149798
liability is lost or impaired by reason of the transfer and shall	149799
be administered with regard to appropriation item 100622, Human	149800
Resources Division - Operating. On and after July 1, 2013, if the	149801
Employee Assistance Program is referred to in any statute, rule,	149802
contract, grant, or other document, the reference is deemed to	149803
refer to the Department of Administrative Services.	149804

Funds collected by the Department of Health for the Employee	149805
Assistance Program, which previously were deposited in the	149806
Employee Assistance Fund (Fund 6830), shall be credited to the	149807
Human Resources Services Fund (Fund 1250) created in section	149808
124.07 of the Revised Code. The Director of Budget and Management	149809
shall transfer from the Employee Assistance Fund to the Human	149810
Resources Services Fund any remaining cash balances in the	149811
Employee Assistance Fund. In order to facilitate this transfer,	149812
the Director of Health, on July 1, 2013, or as soon as possible	149813
thereafter, shall certify to the Director of Budget and Management	149814
an estimate of the amount to be transferred. Upon the completion	149815
of this transfer, the Employee Assistance Fund is abolished.	149816

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

149817

With approval of the Director of Budget and Management, the	149818
Department of Administrative Services may seek reimbursement from	149819
state agencies for the actual costs and expenses the Department	149820
incurs in the collective bargaining arbitration process. The	149821
reimbursements shall be processed through intrastate transfer	149822
vouchers and credited to the Collective Bargaining Fund (Fund	149823
1280).	149824

Section 207.110. EQUAL OPPORTUNITY PROGRAM

149825

The Department of Administrative Services, with the approval	149826
of the Director of Budget and Management, shall establish charges	149827
for recovering the costs of administering the activities supported	149828
by the State EEO Fund (Fund 1880). These charges shall be	149829
deposited to the credit of the State EEO Fund (Fund 1880) upon	149830
payment made by state agencies, state-supported or state-assisted	149831
institutions of higher education, and tax-supported agencies,	149832
municipal corporations, and other political subdivisions of the	149833
state, for services rendered.	149834

Section 207.111. STATE PRINTING FUND

149835

On July 1, 2013, or as soon as possible thereafter, the	149836
Director of Budget and Management shall transfer $30,109.39 in	149837
cash from the General Revenue Fund to the State Printing Fund	149838
(Fund 2100) to correct fiscal year 2012 disbursements that were	149839
made from Fund 2100 but that should have been made from the	149840
General Revenue Fund.	149841

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

149842

The foregoing appropriation item 100640, Leveraged Enterprise	149843
Purchases, shall be used by the Department of Administrative	149844
Services to make information technology purchases for the benefit	149845
of one or more government entities as authorized under division	149846
(G) of section 125.18 of the Revised Code. If the Director of	149847
Administrative Services determines that additional amounts are	149848
necessary to pay for pass-through information technology purchases	149849
that will be billed to one or more state agencies, the Director of	149850
Administrative Services shall seek Controlling Board approval for	149851
an increase in appropriation to make the requested purchases.	149852

Section 207.120. INVESTMENT RECOVERY FUND

149853

Notwithstanding division (B) of section 125.14 of the Revised	149854
Code, cash balances in the Investment Recovery Fund (Fund 4270)	149855
may be used to support the operating expenses of the Federal	149856
Surplus Operating Program created in sections 125.84 to 125.90 of	149857
the Revised Code.	149858

The Director of Administrative Services shall use the	149859
foregoing appropriation item 100602, Investment Recovery, to pay	149860
the operating expenses of the State Surplus Property Program and	149861
the Surplus Federal Property Program, under Chapter 125. of the	149862
Revised Code and this section. If additional appropriations are	149863
necessary for the operations of these programs, the Director of	149864
Administrative Services shall seek increased appropriations from	149865
the Controlling Board under section 131.35 of the Revised Code.	149866

The Director of Administrative Services shall transfer	149867
proceeds from the sale of surplus property from the Investment	149868
Recovery Fund to non-General Revenue Funds under division (A)(2)	149869
of section 125.14 of the Revised Code.	149870

Section 207.130. MAJOR IT PURCHASES CHARGES

149871

The Department of Administrative Services may bill agencies	149872
for actual expenditures made for major IT purchases if those	149873
expenditures are not recovered as part of the information	149874
technology services rates the Department charges and deposits into	149875
the Information Technology Fund (Fund 1330) created in section	149876
125.15 of the Revised Code. These charges shall be deposited to	149877
the credit of the Major IT Purchases Fund (Fund 4N60).	149878

Section 207.140. DAS INFORMATION SERVICES

149879

There is hereby established in the State Treasury the DAS	149880
Information Services Fund. The foregoing appropriation item	149881
100603, DAS Information Services, shall be used to pay the costs	149882
of providing information systems and services in the Department of	149883
Administrative Services. Any state agency, board, or commission	149884
may use DAS Information Services by paying for the services	149885
rendered.	149886

The Department of Administrative Services shall establish	149887
user charges for all information systems and services that are	149888
allowable in the statewide indirect cost allocation plan submitted	149889
annually to the United States Department of Health and Human	149890
Services. These charges shall comply with federal regulations and	149891
shall be deposited to the credit of the DAS Information Services	149892
Fund (Fund 4P30).	149893

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	149894
FUND TO GRF	149895

Upon the request of the Director of Administrative Services,	149896
the Director of Budget and Management may transfer unobligated	149897
cash in the MARCS Administration Fund (Fund 5C20) to the General	149898
Revenue Fund to reimburse the General Revenue Fund for lease	149899
rental payments made on behalf of the MARCS upgrade.	149900

Section 207.160. PROFESSIONS LICENSING SYSTEM

149901

There is hereby created in the state treasury the Professions	149902
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	149903
Professionals Licensing System, shall be used to make payments	149904
from the fund. The fund shall be used to purchase the equipment,	149905
products, and services necessary to develop and maintain a	149906
replacement automated licensing system for the professional	149907
licensing boards. The Director of Budget and Management may	149908
transfer up to a total of $990,000 in cash from the Occupational	149909
Licensing and Regulatory Fund (4K90), the State Medical Board	149910
Operating Fund (Fund 5C60), and the Casino Control Commission –	149911
Operating Fund (Fund 5HS0) to the Professions Licensing System	149912
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	149913
be in proportion to the number of current licensees issued by the	149914
professional licensing boards and current and anticipated licenses	149915
in the case of the Casino Control Commission. The purpose of these	149916
cash transfers is to fund the initial acquisition and development	149917
of the system. Any cash balances not expended in fiscal year 2014	149918
are hereby reappropriated in fiscal year 2015.	149919

Effective with the implementation of the replacement	149920
licensing system, the Department of Administrative Services shall	149921
establish charges for recovering the costs of ongoing maintenance	149922
of the system. The charges shall be billed to the professional	149923
licensing boards and the Casino Control Commission, and deposited	149924
via intrastate transfer vouchers to the credit of the Professions	149925
Licensing System Fund.	149926

Section 207.170. BUILDING IMPROVEMENT FUND

149927

The foregoing appropriation item 100659, Building	149928
Improvement, shall be used to make payments from the Building	149929
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	149930
required in the James A. Rhodes State Office Tower, the Vern Riffe	149931
Center for Government and the Arts, the Frank J. Lausche State	149932
Office Building, the Michael V. DiSalle Government Center, and the	149933
Oliver R. Ocasek Government Office. The Department of	149934
Administrative Services shall conduct or contract for regular	149935
assessments of these buildings and shall maintain a cash balance	149936
in the Building Improvement Fund equal to the cost of the repairs	149937
and improvements that are recommended to occur within the next	149938
five years, with the following exception described below.	149939

Upon request of the Director of Administrative Services, the	149940
Director of Budget and Management may permit a cash transfer from	149941
the Building Improvement Fund (Fund 5KZ0) to the Building	149942
Operating Fund (Fund 5LA0) to pay costs of operating and	149943
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	149944
Center for Government and the Arts, the Frank J. Lausche State	149945
Office Building, the Michael V. DiSalle Government Center, and the	149946
Oliver R. Ocasek Government Office that are not charged to tenants	149947
during the same fiscal year.	149948

Should the cash balance in the Building Operating Fund (Fund	149949
5LA0) be determined to be sufficient, the Director of	149950
Administrative Services may request that the Director of Budget	149951
and Management transfer cash from the Building Operating Fund	149952
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	149953
amount equal to the initial cash transfer made under this section	149954
plus applicable interest.	149955

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

149956

The foregoing appropriation item 100610, Professional	149957
Development, shall be used to make payments from the Professional	149958
Development Fund (Fund 5L70) under section 124.182 of the Revised	149959
Code. If it is determined by the Director of Administrative	149960
Services that additional amounts are necessary, the Director of	149961
Administrative Services may request that the Director of Budget	149962
and Management approve additional amounts. Such approved	149963
additional amounts are hereby appropriated.	149964

Section 207.190. BUILDING OPERATING FUND

149965

The foregoing appropriation item 100660, Building Operation,	149966
shall be used to make payments from the Building Operating Fund	149967
(Fund 5LA0) to pay costs of operating and maintaining the James A.	149968
Rhodes State Office Tower, the Vern Riffe Center for Government	149969
and the Arts, the Frank J. Lausche State Office Building, the	149970
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	149971
Government Office.	149972

The Department of Administrative Services, with the approval	149973
of the Director of Budget and Management, shall establish charges	149974
to be reimbursed for the cost of operating these buildings. These	149975
charges shall include the cost of applicable depreciation on the	149976
buildings and the resulting revenue shall be deposited in the	149977
Building Operating Fund (Fund 5LA0). The Director of Budget and	149978
Management shall transfer the portion of these charges attributed	149979
to depreciation from the Building Operating Fund (Fund 5LA0) to	149980
the Building Improvement Fund (Fund 5KZ0) or to the General	149981
Revenue Fund, as applicable.	149982

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

149983

The foregoing appropriation item 100661, IT Development,	149984
shall be used by the Department of Administrative Services to pay	149985
the costs of modernizing the state's information technology	149986
management and investment practices away from a limited,	149987
agency-specific focus in favor of a statewide methodology	149988
supporting development of enterprise solutions.	149989

The Department of Administrative Services, with the approval	149990
of the Director of Budget and Management, may charge state	149991
agencies an information technology development assessment based on	149992
state agencies' information technology expenditures or other	149993
methodology. The revenue from this assessment shall be deposited	149994
in the Information Technology Development Fund (Fund 5LJ0), which	149995
is hereby created.	149996

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

149997

The foregoing appropriation item 100619, Employee Educational	149998
Development, shall be used to make payments from the Employee	149999
Educational Development Fund (Fund 5V60) under section 124.86 of	150000
the Revised Code. The fund shall be used to pay the costs of	150001
administering educational programs under existing collective	150002
bargaining agreements with District 1199, the Health Care and	150003
Social Service Union; State Council of Professional Educators;	150004
Ohio Education Association and National Education Association; the	150005
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	150006
State Troopers Association, Units 1 and 15.	150007

If it is determined by the Director of Administrative	150008
Services that additional amounts are necessary, the Director of	150009
Administrative Services may request that the Director of Budget	150010
and Management approve additional amounts. Such approved	150011
additional amounts are hereby appropriated.	150012

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	150013
FUND	150014

Upon request of the Director of Administrative Services, the	150015
Director of Budget and Management may transfer up to $4,000,000	150016
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	150017
IT Purchases Fund (Fund 4N60). This amount represents cash	150018
transferred from Fund 4N60 during fiscal year 2010 pursuant to	150019
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	150020
Assembly. Any portion of appropriation item 100617, Major IT	150021
Purchases, that is unencumbered and unexpended at the end of	150022
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	150023

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	150024
SERVICE PAYMENTS	150025

The Director of Administrative Services, in consultation with	150026
the Multi-Agency Radio Communication System (MARCS) Steering	150027
Committee and the Director of Budget and Management, shall	150028
determine the share of debt service payments attributable to	150029
spending for MARCS components that are not specific to any one	150030
agency and that shall be charged to agencies supported by the	150031
motor fuel tax. Such share of debt service payments shall be	150032
calculated for MARCS capital disbursements made beginning July 1,	150033
1997. Within thirty days of any payment made from appropriation	150034
item 100447, Administrative Building Lease Payments, the Director	150035
of Administrative Services shall certify to the Director of Budget	150036
and Management the amount of this share. The Director of Budget	150037
and Management shall transfer such amounts to the General Revenue	150038
Fund from the State Highway Safety Fund (Fund 7036) established in	150039
section 4501.06 of the Revised Code.	150040

The Director of Administrative Services shall consider	150041
renting or leasing existing tower sites at reasonable or current	150042
market rates, so long as these existing sites are equipped with	150043
the technical capabilities to support the MARCS project.	150044

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

150045

The Director of Administrative Services shall determine and	150046
implement strategies that benefit the enterprise by improving	150047
efficiency, reducing costs or enhancing capacity of information	150048
technology (IT) services. Such improvements and efficiencies may	150049
result in the consolidation and transfer of such services. As	150050
determined to be necessary for successful implementation of this	150051
section and notwithstanding any provision of law to the contrary,	150052
the Director of Administrative Services may request the Director	150053
of Budget and Management to consolidate or transfer IT-specific	150054
budget authority between agencies as necessary to implement	150055
enterprise IT cost containment strategies and related	150056
efficiencies. Once the Director of Budget and Management is	150057
satisfied that the proposed initiative is cost advantageous to the	150058
enterprise, the Director of Budget and Management may transfer	150059
appropriations, funds and cash as needed to implement the proposed	150060
initiative. The establishment of any new fund or total increased	150061
appropriation as a result of this section will be subject to	150062
approval by the Controlling Board.	150063

The Director of Budget and Management and the Director of	150064
Administrative Services may transfer any employees, assets, and	150065
liabilities, including, but not limited to, records, contracts,	150066
and agreements in order to facilitate the improvements determined	150067
in accordance with this section.	150068

Section 207.250. 911 PROGRAM

150069

The foregoing appropriation item 100663, 911 Program, shall	150070
be used by the Department of Administrative Services to pay the	150071
administrative costs of the Statewide Emergency Services Internet	150072
Protocol Network Steering Committee.	150073

Section 209.10. AGE DEPARTMENT OF AGING

150074

General Revenue Fund	150075

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	150076
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	150077
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	150078
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	150079
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	150080
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	150081
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	150082

General Services Fund Group	150083

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	150084
TOTAL GSF General Services Fund							150085
Group			$	372,523	$	372,523	150086

Federal Special Revenue Fund Group	150087

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	150088
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	150089
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	150090
TOTAL FED Federal Special Revenue							150091
Fund Group			$	74,040,137	$	74,040,137	150092

State Special Revenue Fund Group	150093

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	150094
5BA0	490620	Ombudsman Support	$	550,000	$	550,000	150095
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	150096
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	150097
TOTAL SSR State Special Revenue							150098
Fund Group			$	2,889,100	$	2,889,100	150099
TOTAL ALL BUDGET FUND GROUPS			$	91,949,185	$	91,949,185	150100

Section 209.20. LONG-TERM CARE

150102

Pursuant to an interagency agreement, the Department of	150103
Medicaid may designate the Department of Aging to perform	150104
assessments under section 5165.04 of the Revised Code. The	150105
Department of Aging shall provide long-term care consultations	150106
under section 173.42 of the Revised Code to assist individuals in	150107
planning for their long-term health care needs.	150108

The Department of Aging shall administer the Medicaid	150109
waiver-funded PASSPORT Home Care Program, the Choices Program, the	150110
Assisted Living Program, and PACE as delegated by the Department	150111
of Medicaid in an interagency agreement. The foregoing	150112
appropriation items 656423, Long-Term Care Program Support -	150113
State, and 656623, Long-Term Care Program Support - Federal, may	150114
be used to support the Department of Aging's administrative costs	150115
associated with operating the PASSPORT, Choices, Assisted Living,	150116
and PACE programs.	150117

PERFORMANCE-BASED REIMBURSEMENT

150118

The Department of Aging may design and utilize a payment	150119
method for PASSPORT administrative agency operations that includes	150120
a pay-for-performance incentive component that is earned by a	150121
PASSPORT administrative agency when defined consumer and policy	150122
outcomes are achieved.	150123

Section 209.30. LONG-TERM CARE OMBUDSMAN

150124

The foregoing appropriation item 490410, Long-Term Care	150125
Ombudsman, shall be used to fund ombudsman program activities as	150126
authorized in sections 173.14 to 173.27 and section 173.99 of the	150127
Revised Code.	150128

The State Ombudsman may explore the design of a payment	150129
method for the Ombudsman Program that includes a	150130
pay-for-performance incentive component that is earned by	150131
designated regional long-term care ombudsman programs.	150132

SENIOR COMMUNITY SERVICES

150133

The foregoing appropriation item 490411, Senior Community	150134
Services, shall be used for services designated by the Department	150135
of Aging, including, but not limited to, home-delivered and	150136
congregate meals, transportation services, personal care services,	150137
respite services, adult day services, home repair, care	150138
coordination, prevention and disease self-management, and decision	150139
support systems. Service priority shall be given to low income,	150140
frail, and cognitively impaired persons 60 years of age and over.	150141
The department shall promote cost sharing by service recipients	150142
for those services funded with senior community services funds,	150143
including, when possible, sliding-fee scale payment systems based	150144
on the income of service recipients.	150145

ALZHEIMER'S RESPITE

150146

The foregoing appropriation item 490414, Alzheimer's Respite,	150147
shall be used to fund only Alzheimer's disease services under	150148
section 173.04 of the Revised Code.	150149

NATIONAL SENIOR SERVICE CORPS

150150

The foregoing appropriation item 490506, National Senior	150151
Service Corps, shall be used by the Department of Aging to fund	150152
grants for three Corporation for National and Community	150153
Service/Senior Corps programs: the Foster Grandparents Program,	150154
the Senior Companion Program, and the Retired Senior Volunteer	150155
Program. A recipient of these grant funds shall use the funds to	150156
support priorities established by the Department and the Ohio	150157
State Office of the Corporation for National and Community	150158
Service. The expenditure of these funds by any grant recipient	150159
shall be in accordance with Senior Corps policies and procedures,	150160
as stated in the Domestic Volunteer Service Act of 1973, as	150161
amended. Neither the Department nor any area agencies on aging	150162
that are involved in the distribution of these funds to	150163
lower-tiered grant recipients may use any portion of these funds	150164
to cover administrative costs.	150165

SENIOR COMMUNITY OUTREACH AND EDUCATION

150166

The foregoing appropriation item 490606, Senior Community	150167
Outreach and Education, may be used to provide training to workers	150168
in the field of aging pursuant to division (G) of section 173.02	150169
of the Revised Code.	150170

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	150171
AND FEDERAL AGING GRANTS	150172

At the request of the Director of Aging, the Director of	150173
Budget and Management may transfer appropriation between	150174
appropriation items 490612, Federal Independence Services, and	150175
490618, Federal Aging Grants. The amounts transferred shall not	150176
exceed 30 per cent of the appropriation from which the transfer is	150177
made. Any transfers shall be reported by the Department of Aging	150178
to the Controlling Board at the next scheduled meeting of the	150179
board.	150180

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

150181

The foregoing appropriation item 490609, Regional Long-Term	150182
Care Ombudsman Program, shall be used to pay the costs of	150183
operating the regional long-term care ombudsman programs	150184
designated by the State Long-Term Care Ombudsman.	150185

TRANSFER OF RESIDENT PROTECTION FUNDS

150186

In each fiscal year, the Director of Budget and Management	150187
may transfer up to $550,000 cash from the Resident Protection Fund	150188
(Fund 4E30), which is used by the Department of Medicaid, to the	150189
Ombudsman Support Fund (Fund 5BA0), which is used by the	150190
Department of Aging.	150191

LONG-TERM CARE CONSUMERS GUIDE

150192

The foregoing appropriation item 490613, Long-Term Care	150193
Consumers Guide, shall be used to conduct annual consumer	150194
satisfaction surveys and to pay for other administrative expenses	150195
related to the publication of the Ohio Long-Term Care Consumer	150196
Guide.	150197

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	150198
STRUCTURE	150199

Upon request from the Director of Aging, the Director of	150200
Budget and Management may establish new funds, new appropriation	150201
items, and appropriations in order to support the transition to a	150202
new appropriation item structure in the Department of Aging's	150203
budget. Also, upon request of the Director of Aging, the Director	150204
of Budget and Management may transfer appropriations between GRF	150205
appropriation items, transfer cash between any funds used by the	150206
Department of Aging, abolish existing funds used by the Department	150207
of Aging, and cancel and reestablish encumbrances. Any	150208
establishment of new funds or appropriation items, any transfers	150209
of appropriations or cash, and any increases in appropriation	150210
under this section are subject to Controlling Board approval.	150211

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

150212

As used in this section, "authorizing statute" means a	150213
Revised Code section or provision of a Revised Code section that	150214
is cited in the Ohio Administrative Code as the statute that	150215
authorizes the adoption of a rule.	150216

The Director of Aging is not required to amend any rule for	150217
the sole purpose of updating the citation in the Ohio	150218
Administrative Code to the rule's authorizing statute to reflect	150219
that this act renumbers the authorizing statute or relocates it to	150220
another Revised Code section. Such citations shall be updated as	150221
the Director amends the rules for other purposes.	150222

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

150223

General Revenue Fund	150224

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	150225
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	150226
GRF	700404	Ohio Proud	$	50,000	$	50,000	150227
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	150228
GRF	700407	Food Safety	$	848,792	$	848,792	150229
GRF	700409	Farmland Preservation	$	72,750	$	72,750	150230
GRF	700412	Weights and Measures	$	600,000	$	600,000	150231
GRF	700415	Poultry Inspection	$	592,978	$	592,978	150232
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	150233
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	150234
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	150235
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	150236
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	150237
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	150238
TOTAL GRF General Revenue Fund			$	15,454,231	$	15,254,231	150239

General Services Fund Group	150240

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	150241
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	150242
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	150243

Federal Special Revenue Fund Group	150244

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	150245
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	150246
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	150247
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	150248
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	150249
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	150250
TOTAL FED Federal Special Revenue							150251
Fund Group			$	12,806,000	$	12,806,000	150252

State Special Revenue Fund Group	150253

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	150254
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	150255
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	150256
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	150257
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	150258
4D20	700609	Auction Education	$	35,000	$	35,000	150259
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	150260
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	150261
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	150262
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	150263
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	150264
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	150265
5880	700633	Brand Registration	$	5,000	$	5,000	150266
5B80	700629	Auctioneers	$	340,000	$	340,000	150267
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	150268
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	150269
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	150270
5L80	700604	Livestock Management Program	$	145,000	$	145,000	150271
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	150272
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	150273
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	150274
TOTAL SSR State Special Revenue							150275
Fund Group			$	18,523,313	$	18,518,313	150276

Clean Ohio Conservation Fund Group	150277

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		150278
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		150279

TOTAL ALL BUDGET FUND GROUPS

52,576,557

52,407,617

150280

DANGEROUS AND RESTRICTED WILD ANIMALS

150281

The foregoing GRF appropriation item 700426, Dangerous and	150282
Restricted Animals, shall be used to administer the Dangerous and	150283
Restricted Wild Animal Permitting Program.	150284

COUNTY AGRICULTURAL SOCIETIES

150285

The foregoing appropriation item 700501, County Agricultural	150286
Societies, shall be used to reimburse county and independent	150287
agricultural societies for expenses related to Junior Fair	150288
activities.	150289

CLEAN OHIO AGRICULTURAL EASEMENT

150290

The foregoing appropriation item 700632, Clean Ohio	150291
Agricultural Easement, shall be used by the Department of	150292
Agriculture in administering Ohio Agricultural Easement Fund (Fund	150293
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	150294
5301.70 of the Revised Code.	150295

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

150296

General Services Fund Group	150297

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		150298
TOTAL GSF General Services Fund					$	240,681		$	240,681		150299

State Special Revenue Fund Group	150300

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	150301
5700	898601	Operating Expenses	$	323,980	$	323,980	150302
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	150303
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	150304
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	150305

Section 213.20. ENERGY STRATEGY DEVELOPMENT

150307

The Energy Strategy Development Program shall develop energy	150308
initiatives, projects, and policy that align with the energy	150309
policy for the state. Issues addressed by such initiatives,	150310
projects, and policy shall not be limited to those governed by	150311
Chapter 3706. of the Revised Code. The Ohio Air Quality	150312
Development Authority shall be responsible for the monitoring of	150313
the program.	150314

There is hereby created in the state treasury the Energy	150315
Strategy Development Fund (Fund 5EG0). The fund shall consist of	150316
money credited to it and money obtained for advanced energy	150317
projects from federal or private grants, loans, or other sources.	150318
Money in the fund shall be used to carry out the purposes of the	150319
program. Interest earned on the money in the fund shall be	150320
credited to the General Revenue Fund.	150321

On July 1 of each fiscal year, or as soon as possible	150322
thereafter, the Director of Budget and Management may transfer	150323
cash from the funds specified below, up to the amounts specified	150324
below, to the Energy Strategy Development Fund. Fund 5EG0 may	150325
accept contributions and transfers made to the fund. On July 1,	150326
2015, or as soon as possible thereafter, the Director shall	150327
transfer to the General Revenue Fund all cash credited to Fund	150328
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	150329

Fund	Fund Name	User	FY 2014	FY 2015	150330
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	150331
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	150332
1350	Supportive Services	Development Services Agency	$27,405	$27,439	150333
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	150334
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	150335
7002	Highway Operating	Department of Transportation	$39,150	$39,199	150336

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	150337
AUTHORITY TRUST ACCOUNT	150338

Notwithstanding any other provision of law to the contrary,	150339
the Air Quality Development Authority may reimburse the Air	150340
Quality Development Authority trust account established under	150341
section 3706.10 of the Revised Code from all operating funds of	150342
the agency for expenses pertaining to the administration and	150343
shared costs incurred by the Air Quality Development Authority in	150344
the execution of responsibilities as prescribed in Chapter 3706.	150345
of the Revised Code. Reimbursement shall be made by voucher and	150346
completed in accordance with the administrative indirect costs	150347
allocation plan approved by the Office of Budget and Management.	150348

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

150349

General Services Fund Group	150350

4K90	891609	Operating	$	481,379	$	485,954	150351
TOTAL GSF General Services Fund							150352
Group			$	481,379	$	485,954	150353
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	150354

Section 217.10. ART OHIO ARTS COUNCIL

150356

General Revenue Fund	150357

GRF	370321	Operating Expenses	$	1,649,204	$	1,649,204	150358
GRF	370502	State Program Subsidies	$	9,700,000	$	9,700,000	150359
TOTAL GRF General Revenue Fund			$	11,349,204	$	11,349,204	150360

General Services Fund Group	150361

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	150362
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	150363
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	150364

Federal Special Revenue Fund Group	150365

3140	370601	Federal Support	$	1,000,000	$	1,000,000	150366
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	150367
TOTAL ALL BUDGET FUND GROUPS			$	12,843,204	$	12,843,204	150368

OPERATING EXPENSES

150369

Of the foregoing appropriation item 370321, Operating	150370
Expenses, up to $50,000 shall be used in each fiscal year for	150371
technology upgrades and improvements.	150372

FEDERAL SUPPORT

150373

Notwithstanding any provision of law to the contrary, the	150374
foregoing appropriation item 370601, Federal Support, shall be	150375
used by the Ohio Arts Council for subsidies only, and not for its	150376
administrative costs, unless the Council is required to use a	150377
portion of the funds for administrative costs under conditions of	150378
the federal grant.	150379

Section 219.10. ATH ATHLETIC COMMISSION

150380

General Services Fund Group	150381

4K90	175609	Operating Expenses	$	312,000	$	320,000	150382
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	150383
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	150384

Section 221.10. AGO ATTORNEY GENERAL

150386

General Revenue Fund	150387

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	150388
GRF	055405	Law-Related Education	$	100,000	$	100,000	150389
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	150390
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	150391
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	150392
TOTAL GRF General Revenue Fund			$	45,703,589	$	46,303,589	150393

General Services Fund Group	150394

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	150395
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	150396
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	150397
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	150398
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	150399
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	150400
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	150401
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	150402
5L50	055619	Law Enforcement Assistance Program	$	1,226,201	$	1,038,573	150403
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	150404
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	150405
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	150406
TOTAL GSF General Services Fund							150407
Group			$	87,551,818	$	88,493,601	150408

Federal Special Revenue Fund Group	150409

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	150410
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	150411
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	150412
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	150413
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	150414
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	150415
TOTAL FED Federal Special Revenue							150416
Fund Group			$	28,212,406	$	28,263,728	150417

State Special Revenue Fund Group	150418

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	150419
4190	055623	Claims Section	$	55,920,716	$	56,937,131	150420
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	150421
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	150422
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	150423
TOTAL SSR State Special Revenue							150424
Fund Group			$	76,867,116	$	77,790,839	150425

Holding Account Redistribution Fund Group	150426

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	150427
R005	055632	Antitrust Settlements	$	1,000	$	1,000	150428
R018	055630	Consumer Frauds	$	750,000	$	750,000	150429
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	150430
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	150431
TOTAL 090 Holding Account							150432
Redistribution Fund Group			$	6,276,025	$	6,276,025	150433

Tobacco Master Settlement Agreement Fund Group	150434

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	150435
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	150436
TOTAL ALL BUDGET FUND GROUPS			$	245,110,954	$	247,627,782	150437

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

150438

Of the foregoing appropriation item 055321, Operating	150439
Expenses, $600,000 in fiscal year 2015 shall be used to create the	150440
Ohio BCI Forensic Research and Professional Training Center at	150441
Bowling Green State University. The purpose of the Center shall be	150442
to foster forensic science research techniques (BCI Eminent	150443
Scholar) and to create professional training opportunities to	150444
students (BCI Scholars) in the forensic science fields.	150445

COUNTY SHERIFFS' PAY SUPPLEMENT

150446

The foregoing appropriation item 055411, County Sheriffs' Pay	150447
Supplement, shall be used for the purpose of supplementing the	150448
annual compensation of county sheriffs as required by section	150449
325.06 of the Revised Code.	150450

At the request of the Attorney General, the Director of	150451
Budget and Management may transfer appropriation from	150452
appropriation item 055321, Operating Expenses, to appropriation	150453
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	150454
transferred shall be used to supplement the annual compensation of	150455
county sheriffs as required by section 325.06 of the Revised Code.	150456

COUNTY PROSECUTORS' PAY SUPPLEMENT

150457

The foregoing appropriation item 055415, County Prosecutors'	150458
Pay Supplement, shall be used for the purpose of supplementing the	150459
annual compensation of certain county prosecutors as required by	150460
section 325.111 of the Revised Code.	150461

At the request of the Attorney General, the Director of	150462
Budget and Management may transfer appropriation from	150463
appropriation item 055321, Operating Expenses, to appropriation	150464
item 055415, County Prosecutors' Pay Supplement. Any appropriation	150465
so transferred shall be used to supplement the annual compensation	150466
of county prosecutors as required by section 325.111 of the	150467
Revised Code.	150468

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	150469
REIMBURSEMENT FUND	150470

Notwithstanding any other provision of law to the contrary,	150471
on July 1, 2013, or as soon as possible thereafter, the Director	150472
of Budget and Management shall transfer $80,000 cash from the	150473
General Revenue Fund to the General Reimbursement Fund (Fund	150474
1060).	150475

WORKERS' COMPENSATION SECTION

150476

The Workers' Compensation Fund (Fund 1950) is entitled to	150477
receive payments from the Bureau of Workers' Compensation and the	150478
Ohio Industrial Commission at the beginning of each quarter of	150479
each fiscal year to fund legal services to be provided to the	150480
Bureau of Workers' Compensation and the Ohio Industrial Commission	150481
during the ensuing quarter. The advance payment shall be subject	150482
to adjustment.	150483

In addition, the Bureau of Workers' Compensation shall	150484
transfer payments at the beginning of each quarter for the support	150485
of the Workers' Compensation Fraud Unit.	150486

All amounts shall be mutually agreed upon by the Attorney	150487
General, the Bureau of Workers' Compensation, and the Ohio	150488
Industrial Commission.	150489

CASH TRANSFERS FROM CRIMINAL JUSTICE SERVICES CASINO TAX	150490
REVENUE FUND TO LAW ENFORCEMENT ASSISTANCE FUND	150491

Notwithstanding division (D)(7) of section 5753.03 of the	150492
Revised Code and any other provision of law to the contrary, the	150493
Director of Budget and Management shall transfer the amounts	150494
deposited into the Criminal Justice Services Casino Tax Revenue	150495
Fund (Fund 5LM0) pursuant to division (D)(7) of section 5753.03 of	150496
the Revised Code during fiscal years 2014 and 2015 to the Law	150497
Enforcement Assistance Fund (Fund 5L50) at the times that such	150498
deposits are made or as soon as practicable thereafter.	150499

ATTORNEY GENERAL PASS-THROUGH FUNDS

150500

The foregoing appropriation item 055638, Attorney General	150501
Pass-Through Funds, shall be used to receive federal grant funds	150502
provided to the Attorney General by other state agencies,	150503
including, but not limited to, the Department of Youth Services	150504
and the Department of Public Safety.	150505

GENERAL HOLDING ACCOUNT

150506

The foregoing appropriation item 055631, General Holding	150507
Account, shall be used to distribute moneys under the terms of	150508
relevant court orders or other settlements received in a variety	150509
of cases involving the Office of the Attorney General. If it is	150510
determined that additional amounts are necessary for this purpose,	150511
the amounts are hereby appropriated.	150512

ANTITRUST SETTLEMENTS

150513

The foregoing appropriation item 055632, Antitrust	150514
Settlements, shall be used to distribute moneys under the terms of	150515
relevant court orders or other out of court settlements in	150516
antitrust cases or antitrust matters involving the Office of the	150517
Attorney General. If it is determined that additional amounts are	150518
necessary for this purpose, the amounts are hereby appropriated.	150519

CONSUMER FRAUDS

150520

The foregoing appropriation item 055630, Consumer Frauds,	150521
shall be used for distribution of moneys from court-ordered	150522
judgments against sellers in actions brought by the Office of	150523
Attorney General under sections 1334.08 and 4549.48 and division	150524
(B) of section 1345.07 of the Revised Code. These moneys shall be	150525
used to provide restitution to consumers victimized by the fraud	150526
that generated the court-ordered judgments. If it is determined	150527
that additional amounts are necessary for this purpose, the	150528
amounts are hereby appropriated.	150529

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

150530

The foregoing appropriation item 055601, Organized Crime	150531
Commission Distributions, shall be used by the Organized Crime	150532
Investigations Commission, as provided by section 177.011 of the	150533
Revised Code, to reimburse political subdivisions for the expenses	150534
the political subdivisions incur when their law enforcement	150535
officers participate in an organized crime task force. If it is	150536
determined that additional amounts are necessary for this purpose,	150537
the amounts are hereby appropriated.	150538

COLLECTION PAYMENT REDISTRIBUTION

150539

The foregoing appropriation item 055650, Collection Payment	150540
Redistribution, shall be used for the purpose of allocating the	150541
revenue where debtors mistakenly paid the client agencies instead	150542
of the Attorney General's Collections Enforcement Section. If it	150543
is determined that additional amounts are necessary for this	150544
purpose, the amounts are hereby appropriated.	150545

Section 223.10. AUD AUDITOR OF STATE

150546

General Revenue Fund	150547

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	150548
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	150549
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	150550

Auditor of State Fund Group	150551

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	150552
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	150553
5840	070603	Training Program	$	181,730	$	181,250	150554
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	150555
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	150556
TOTAL AUD Auditor of State Fund							150557
Group			$	44,196,066	$	44,219,012	150558
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	150559

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

150560

The foregoing appropriation item 070403, Fiscal	150561
Watch/Emergency Technical Assistance, shall be used for expenses	150562
incurred by the Office of the Auditor of State in its role	150563
relating to fiscal watch or fiscal emergency activities under	150564
Chapters 118. and 3316. of the Revised Code. Expenses include, but	150565
are not limited to, the following: duties related to the	150566
determination or termination of fiscal watch or fiscal emergency	150567
of municipal corporations, counties, townships, or school	150568
districts; development of preliminary accounting reports;	150569
performance of annual forecasts; provision of performance audits;	150570
and supervisory, accounting, or auditing services for the	150571
municipal corporations, counties, townships, or school districts.	150572

Section 225.10. BRB BOARD OF BARBER EXAMINERS

150573

General Services Fund Group	150574

4K90	877609	Operating Expenses	$	670,882	$	674,272	150575
TOTAL GSF General Services Fund							150576
Group			$	670,882	$	674,272	150577
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	150578

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

150580

General Revenue Fund	150581

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	150582
GRF	042409	Commission Closures	$	304,000	$	155,000	150583
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	150584
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	150585
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	150586

General Services Fund Group	150587

1050	042603	Financial Management	$	14,060,275	$	14,451,086	150588
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	150589
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	150590

Federal Special Revenue Fund Group	150591

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		150592
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		150593

Agency Fund Group	150594

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	150595
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	150596
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	150597

COMMISSION CLOSURES

150598

The foregoing appropriation item 042409, Commission Closures,	150599
may be used to pay obligations associated with the closure of any	150600
state agency, whether in the executive, legislative, or judicial	150601
branch of government. Notwithstanding any provision of law to the	150602
contrary, this appropriation item may also be used to pay final	150603
payroll expenses occurring after the closure of any state agency,	150604
whether in the executive, legislative, or judicial branch of	150605
government in the event that appropriations or cash in the closing	150606
agency are insufficient to do so.	150607

The Director of Budget and Management may request Controlling	150608
Board approval for funds to be transferred to appropriation item	150609
042409, Commission Closures, from appropriation item 911614, CB	150610
Emergency Purposes, for anticipated expenses associated with	150611
agency closures.	150612

AUDIT COSTS AND DUES

150613

All centralized audit costs associated with either Single	150614
Audit Schedules or financial statements prepared in conformance	150615
with generally accepted accounting principles for the state shall	150616
be paid from the foregoing appropriation item 042603, Financial	150617
Management.	150618

Costs associated with the audit of the Auditor of State and	150619
national association dues shall be paid from the foregoing	150620
appropriation item 042321, Budget Development and Implementation.	150621

SHARED SERVICES CENTER

150622

The foregoing appropriation items 042425, Shared Services	150623
Development, and 042620, Shared Services Operating, shall be used	150624
by the Director of Budget and Management to support a Shared	150625
Services Center within the Office of Budget and Management for the	150626
purpose of consolidating statewide business functions and common	150627
transactional processes.	150628

The Director of Budget and Management shall include the	150629
recovery of costs to operate the Shared Services Center in the	150630
accounting and budgeting services payroll rate and through a	150631
direct charges using intrastate transfer vouchers to agencies for	150632
services rendered. The Director of Budget and Management shall	150633
determine the cost recovery methodology. Such cost recovery	150634
revenues shall be deposited to the credit of Fund 1050.	150635

INTERNAL AUDIT

150636

The Director of Budget and Management shall include the	150637
recovery of costs to operate the Internal Audit Program in the	150638
accounting and budgeting services payroll rate and through a	150639
direct charge using intrastate transfer vouchers to agencies	150640
reviewed by the program. The Director of Budget and Management,	150641
with advice from the Internal Audit Advisory Council, shall	150642
determine the cost recovery methodology. Such cost recovery	150643
revenues shall be deposited to the credit of the Accounting and	150644
Budgeting Fund (Fund 1050).	150645

FORGERY RECOVERY

150646

The foregoing appropriation item 042604, Forgery Recovery,	150647
shall be used to reissue warrants that have been certified as	150648
forgeries by the rightful recipient as determined by the Bureau of	150649
Criminal Identification and Investigation and the Treasurer of	150650
State. Upon receipt of funds to cover the reissuance of the	150651
warrant, the Director of Budget and Management shall reissue a	150652
state warrant of the same amount. Any additional amounts needed to	150653
reissue warrants backed by the receipt of funds are hereby	150654
appropriated.	150655

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

150656

On or before December 31, 2013, the Director of Budget and	150657
Management shall transfer the cash balances of the OAKS Project	150658
Implementation Fund (Fund 5N40) and the Office of Health	150659
Transformation Administration Fund (Fund 5Z80) to the General	150660
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	150661
5Z80 are abolished.	150662

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

150663

General Revenue Fund	150664

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	150665
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	150666
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	150667

General Services Fund Group	150668

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	150669
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	150670
TOTAL GSF General Services							150671
Fund Group			$	635,291	$	635,291	150672

Underground Parking Garage	150673

2080	874601	Underground Parking Garage Operations	$	3,049,740	$	2,996,740	150674
TOTAL UPG Underground Parking							150675
Garage			$	3,049,740	$	2,996,740	150676
TOTAL ALL BUDGET FUND GROUPS			$	7,263,596	$	7,210,596	150677

WAREHOUSE PAYMENTS

150678

Of the foregoing appropriation item 874601, Underground	150679
Parking Garage Operations, $48,000 in each fiscal year shall be	150680
used to meet all payments at the times they are required to be	150681
made during the period from July 1, 2013, through June 30, 2015,	150682
to the Department of Administrative Services for bond service	150683
charges relating to the purchase and improvement of a warehouse	150684
acquired pursuant to section 105.41 of the Revised Code, in which	150685
to store items of the Capitol Collection Trust and, whenever	150686
necessary, equipment or other property of the Board.	150687

UNDERGROUND PARKING GARAGE FUND

150688

Notwithstanding division (G) of section 105.41 of the Revised	150689
Code and any other provision to the contrary, moneys in the	150690
Underground Parking Garage Fund (Fund 2080) may be used for	150691
personnel and operating costs related to the operations of the	150692
Statehouse and the Statehouse Underground Parking Garage.	150693

Of the foregoing appropriation item 874601, Underground	150694
Parking Garage Operations, up to $10,000 in fiscal year 2014 shall	150695
be used to support the 1st Ohio Light Artillery Battery A for the	150696
150th Anniversary Reenactment of the Battle of Gettysburg, and up	150697
to $15,000 in fiscal year 2015 shall be used for preparations in	150698
anticipation of the Lincoln Funeral Procession Train.	150699

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	150700
SCHOOLS	150701

General Services Fund Group	150702

4K90	233601	Operating Expenses	$	579,328	$	579,328	150703
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	150704
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	150705

Section 233.10. CAC CASINO CONTROL COMMISSION

150707

State Special Revenue Fund Group	150708

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	150709
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	150710
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	150711

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

150713

General Services Fund Group	150714

4K90	930609	Operating Expenses	$	476,642	$	469,349	150715
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	150716
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	150717

Section 237.10. CHR STATE CHIROPRACTIC BOARD

150719

General Services Fund Group	150720

4K90	878609	Operating Expenses	$	617,829	$	630,775	150721
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	150722
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	150723

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

150725

General Revenue Fund	150726

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		150727
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		150728

General Services Fund Group	150729

2170	876604	Operations Support	$	4,000	$	4,000	150730
TOTAL GSF General Services							150731
Fund Group			$	4,000	$	4,000	150732

Federal Special Revenue Fund Group	150733

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	150734
TOTAL FED Federal Special Revenue							150735
Fund Group			$	2,820,670	$	2,947,983	150736

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

150737

Section 241.10. COM DEPARTMENT OF COMMERCE

150739

General Services Fund Group	150740

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	150741
1630	800637	Information Technology	$	6,011,977	$	6,011,977	150742
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	150743
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	150744
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	150745
TOTAL GSF General Services Fund							150746
Group			$	84,249,523	$	84,249,523	150747

Federal Special Revenue Fund Group	150748

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	150749
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	150750
TOTAL FED Federal Special Revenue							150751
Fund Group			$	2,685,729	$	2,685,729	150752

State Special Revenue Fund Group	150753

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	150754
4H90	800608	Cemeteries	$	266,688	$	266,688	150755
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	150756
5440	800612	Banks	$	6,836,589	$	6,836,589	150757
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	150758
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	150759
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	150760
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	150761
5480	800611	Real Estate Recovery	$	50,000	$	50,000	150762
5490	800614	Real Estate	$	3,310,412	$	3,310,412	150763
5500	800617	Securities	$	4,238,814	$	4,238,814	150764
5520	800604	Credit Union	$	3,297,888	$	3,297,888	150765
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	150766
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	150767
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	150768
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	150769
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	150770
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	150771
5X60	800623	Video Service	$	337,224	$	337,224	150772
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	150773
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	150774
TOTAL SSR State Special Revenue							150775
Fund Group			$	83,409,588	$	83,546,425	150776

Liquor Control Fund Group	150777

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	150778
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	150779
TOTAL LCF Liquor Control							150780
Fund Group			$	14,507,316	$	9,689,196	150781
TOTAL ALL BUDGET FUND GROUPS			$	184,852,156	$	180,170,873	150782

ADMINISTRATIVE ASSESSMENTS

150783

Notwithstanding any other provision of law to the contrary,	150784
the Division of Administration Fund (Fund 1630) is entitled to	150785
receive assessments from all operating funds of the Department in	150786
accordance with procedures prescribed by the Director of Commerce	150787
and approved by the Director of Budget and Management.	150788

UNCLAIMED FUNDS PAYMENTS

150789

The foregoing appropriation item 800625, Unclaimed	150790
Funds-Claims, shall be used to pay claims under section 169.08 of	150791
the Revised Code. If it is determined that additional amounts are	150792
necessary, the amounts are appropriated.	150793

FIRE DEPARTMENT GRANTS

150794

Of the foregoing appropriation item 800639, Fire Department	150795
Grants, up to $2,198,802 in each fiscal year shall be used to make	150796
annual grants to the following eligible recipients: volunteer fire	150797
departments, fire departments that serve one or more small	150798
municipalities or small townships, joint fire districts comprised	150799
of fire departments that primarily serve small municipalities or	150800
small townships, local units of government responsible for such	150801
fire departments, and local units of government responsible for	150802
the provision of fire protection services for small municipalities	150803
or small townships. For the purposes of these grants, a private	150804
fire company, as that phrase is defined in section 9.60 of the	150805
Revised Code, that is providing fire protection services under a	150806
contract to a political subdivision of the state, is an additional	150807
eligible recipient for a training grant.	150808

Eligible recipients that consist of small municipalities or	150809
small townships that all intend to contract with the same fire	150810
department or private fire company for fire protection services	150811
may jointly apply and be considered for a grant. If a joint	150812
applicant is awarded a grant, the State Fire Marshal shall, if	150813
feasible, proportionately award the grant and any equipment	150814
purchased with grant funds to each of the joint applicants based	150815
upon each applicant's contribution to and demonstrated need for	150816
fire protection services.	150817

If the grant awarded to joint applicants is an equipment	150818
grant and the equipment to be purchased cannot be readily	150819
distributed or possessed by multiple recipients, each of the joint	150820
applicants shall be awarded by the State Fire Marshal an ownership	150821
interest in the equipment so purchased in proportion to each	150822
applicant's contribution to and demonstrated need for fire	150823
protection services. The joint applicants shall then mutually	150824
agree on how the equipment is to be maintained, operated, stored,	150825
or disposed of. If, for any reason, the joint applicants cannot	150826
agree as to how jointly owned equipment is to be maintained,	150827
operated, stored, or disposed of or any of the joint applicants no	150828
longer maintain a contract with the same fire protection service	150829
provider as the other applicants, then the joint applicants shall,	150830
with the assistance of the State Fire Marshal, mutually agree as	150831
to how the jointly owned equipment is to be maintained, operated,	150832
stored, disposed of, or owned. If the joint applicants cannot	150833
agree how the grant equipment is to be maintained, operated,	150834
stored, disposed of, or owned, the State Fire Marshal may, in its	150835
discretion, require all of the equipment acquired by the joint	150836
applicants with grant funds to be returned to the State Fire	150837
Marshal. The State Fire Marshal may then award the returned	150838
equipment to any eligible recipients.	150839

Except as otherwise provided in this section, the grants	150840
shall be used by recipients to purchase firefighting or rescue	150841
equipment or gear or similar items, to provide full or partial	150842
reimbursement for the documented costs of firefighter training,	150843
or, at the discretion of the State Fire Marshal, to cover fire	150844
department costs for providing fire protection services in that	150845
grant recipient's jurisdiction.	150846

Of the foregoing appropriation item 800639, up to $500,000	150847
per fiscal year may be used to pay for the State Fire Marshal's	150848
costs of providing firefighter I certification classes or other	150849
firefighter classes approved by the Department of Public Safety in	150850
accordance with section 4765.55 of the Revised Code at no cost to	150851
selected students attending the Ohio Fire Academy or other class	150852
providers approved by the State Fire Marshal. The State Fire	150853
Marshal may establish the qualifications and selection processes	150854
for students to attend such classes by written policy, and such	150855
students shall be considered eligible recipients of fire	150856
department grants for the purposes of this portion of the grant	150857
program.	150858

Grant awards for firefighting or rescue equipment or gear or	150859
for fire department costs of providing fire protection services	150860
shall be up to $15,000 per fiscal year, or up to $25,000 per	150861
fiscal year if an eligible entity serves a jurisdiction in which	150862
the Governor declared a natural disaster during the preceding or	150863
current fiscal year in which the grant was awarded. In addition to	150864
any grant funds awarded for rescue equipment or gear, or for fire	150865
department costs associated with the provision of fire protection	150866
services, an eligible entity may receive a grant for up to $15,000	150867
per fiscal year for full or partial reimbursement of the	150868
documented costs of firefighter training. For each fiscal year,	150869
the State Fire Marshal shall determine the total amounts to be	150870
allocated for each eligible purpose.	150871

The grant program shall be administered by the State Fire	150872
Marshal in accordance with rules the State Fire Marshal adopts as	150873
part of the state fire code adopted pursuant to section 3737.82 of	150874
the Revised Code that are necessary for the administration and	150875
operation of the grant program. The rules may further define the	150876
entities eligible to receive grants and establish criteria for the	150877
awarding and expenditure of grant funds, including methods the	150878
State Fire Marshal may use to verify the proper use of grant funds	150879
or to obtain reimbursement for or the return of equipment for	150880
improperly used grant funds. Any amounts in appropriation item	150881
800639, Fire Department Grants, in excess of the amount allocated	150882
for these grants may be used for the administration of the grant	150883
program.	150884

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

150885

The Director of Budget and Management, upon the request of	150886
the Director of Commerce, may transfer up to $500,000 in cash from	150887
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	150888
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	150889
the Division of Real Estate Operating Fund (Fund 5490) during the	150890
biennium ending June 30, 2015.	150891

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

150892

General Services Fund Group	150893

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	150894
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	150895
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	150896

Section 245.10. CEB CONTROLLING BOARD

150898

General Revenue Fund	150899

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		150900
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		150901

General Services Fund Group	150902

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	150903
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	150904
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	150905

FEDERAL SHARE

150906

In transferring appropriations to or from appropriation items	150907
that have federal shares identified in this act, the Controlling	150908
Board shall add or subtract corresponding amounts of federal	150909
matching funds at the percentages indicated by the state and	150910
federal division of the appropriations in this act. Such changes	150911
are hereby appropriated.	150912

DISASTER SERVICES

150913

Pursuant to requests submitted by the Department of Public	150914
Safety, the Controlling Board may approve transfers from the	150915
Disaster Services Fund (5E20) to a fund and appropriation item	150916
used by the Department of Public Safety to provide for assistance	150917
to political subdivisions made necessary by natural disasters or	150918
emergencies. These transfers may be requested and approved prior	150919
to the occurrence of any specific natural disasters or emergencies	150920
in order to facilitate the provision of timely assistance. The	150921
Emergency Management Agency of the Department of Public Safety	150922
shall use the funding to fund the State Disaster Relief Program	150923
for disasters that have a written Governor's authorization, and	150924
the State Individual Assistance Program for disasters that have a	150925
written Governor's authorization and is declared by the federal	150926
Small Business Administration. The Ohio Emergency Management	150927
Agency shall publish and make available application packets	150928
outlining procedures for the State Disaster Relief Program and the	150929
State Individual Assistance Program.	150930

Fund 5E20 shall be used by the Controlling Board, pursuant to	150931
requests submitted by state agencies, to transfer cash and	150932
appropriations to any fund and appropriation item for the payment	150933
of state agency disaster relief program expenses for disasters	150934
that have a written Governor's authorization, if the Director of	150935
Budget and Management determines that sufficient funds exist.	150936

Upon the request of the Department of Public Safety, the	150937
Controlling Board may release up to $3,000,000 for Blanchard River	150938
flood mitigation projects.	150939

BALLOT ADVERTISING COSTS

150940

Pursuant to section 3501.17 of the Revised Code, and upon	150941
requests submitted by the Secretary of State, the Controlling	150942
Board shall approve transfers from the foregoing appropriation	150943
item 911441, Ballot Advertising Costs, to appropriation item	150944
050621, Statewide Ballot Advertising, in order to pay for the cost	150945
of public notices associated with statewide ballot initiatives.	150946

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	150947
ELIGIBILITY	150948

A state agency director shall request that the Controlling	150949
Board increase the amount of the agency's capital appropriations	150950
if the director determines such an increase is necessary for the	150951
agency to receive and use funds under the federal American	150952
Recovery and Reinvestment Act of 2009. The Controlling Board may	150953
increase the capital appropriations pursuant to the request up to	150954
the exact amount necessary under the federal act if the Board	150955
determines it is necessary for the agency to receive and use those	150956
federal funds.	150957

Section 247.10. COS STATE BOARD OF COSMETOLOGY

150958

General Services Fund Group	150959

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	150960
TOTAL GSF General Services Fund							150961
Group			$	3,474,030	$	3,474,030	150962
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	150963

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	150965
AND FAMILY THERAPIST BOARD	150966

General Services Fund Group	150967

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	150968
TOTAL GSF General Services Fund							150969
Group			$	1,265,856	$	1,281,478	150970
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	150971

Section 251.10. CLA COURT OF CLAIMS

150973

General Revenue Fund	150974

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		150975
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		150976

State Special Revenue Fund Group	150977

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	150978
TOTAL SSR State Special Revenue							150979
Fund Group			$	415,556	$	415,953	150980
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	150981

Section 251.20. AFC OHIO CULTURAL FACILITIES COMMISSION

150983

General Revenue Fund	150984

GRF	371401		Lease Rental Payments		$	22,555,872		$	0		150985
TOTAL GRF General Revenue Fund					$	22,555,872		$	0		150986

State Special Revenue Fund Group	150987

4T80	371601	Riffe Theatre Equipment Maintenance	$	40,446	$	150988
4T80	371603	Project Administration Services	$	250,000	$	150989
TOTAL SSR State Special Revenue Group			$	290,446	$	150990
TOTAL ALL BUDGET FUND GROUPS			$	22,846,318	$	150991

LEASE RENTAL PAYMENTS

150992

The foregoing appropriation item 371401, Lease Rental	150993
Payments, shall be used to meet all payments at the times they are	150994
required to be made during the period from July 1, 2013, through	150995
December 31, 2013, from the Ohio Cultural Facilities Commission	150996
under the primary leases and agreements for those arts and sports	150997
facilities made under Chapters 152. and 154. of the Revised Code.	150998
These appropriations are the source of funds pledged for bond	150999
service charges on related obligations issued under Chapters 152.	151000
and 154. of the Revised Code.	151001

PROJECT ADMINISTRATION SERVICES

151002

The foregoing appropriation item 371603, Project	151003
Administration Services, shall be used by the Ohio Cultural	151004
Facilities Commission in administering Cultural and Sports	151005
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	151006
3383. of the Revised Code.	151007

By the tenth day following each calendar quarter in each	151008
fiscal year, or as soon as possible thereafter, the Director of	151009
Budget and Management shall determine the amount of cash from	151010
interest earnings to be transferred from the Cultural and Sports	151011
Facilities Building Fund (Fund 7030) to the Cultural Facilities	151012
Commission Administration Fund (Fund 4T80).	151013

As soon as possible after each bond issuance made on behalf	151014
of the Cultural Facilities Commission, the Director of Budget and	151015
Management shall determine the amount of cash from any premium	151016
paid on each issuance that is available to be transferred, after	151017
all issuance costs have been paid, from the Cultural and Sports	151018
Facilities Building Fund (Fund 7030) to the Cultural Facilities	151019
Commission Administration Fund (Fund 4T80).	151020

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

151021

The Executive Director of the Cultural Facilities Commission	151022
shall certify to the Director of Budget and Management the amount	151023
of cash receipts and related investment income, irrevocable	151024
letters of credit from a bank, or certification of the	151025
availability of funds that have been received from a county or a	151026
municipal corporation for deposit into the Capital Donations Fund	151027
(Fund 5A10) and that are related to an anticipated project. These	151028
amounts are hereby appropriated to appropriation item C37146,	151029
Capital Donations. Prior to certifying these amounts to the	151030
Director, the Executive Director shall make a written agreement	151031
with the participating entity on the necessary cash flows required	151032
for the anticipated construction or equipment acquisition project.	151033

Section 253.10. DEN STATE DENTAL BOARD

151034

General Services Fund Group	151035

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	151036
TOTAL GSF General Services Fund							151037
Group			$	1,566,484	$	1,566,484	151038
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	151039

Section 255.10. BDP BOARD OF DEPOSIT

151041

General Services Fund Group	151042

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	151043
TOTAL GSF General Services Fund							151044
Group			$	1,876,000	$	1,876,000	151045
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	151046

BOARD OF DEPOSIT EXPENSE FUND

151047

Upon receiving certification of expenses from the Treasurer	151048
of State, the Director of Budget and Management shall transfer	151049
cash from the Investment Earnings Redistribution Fund (Fund 6080)	151050
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	151051
shall be used pursuant to section 135.02 of the Revised Code to	151052
pay for any and all necessary expenses of the Board of Deposit or	151053
for banking charges and fees required for the operation of the	151054
State of Ohio Regular Account.	151055

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

151056

General Revenue Fund	151057

GRF	195402	Coal Research Operating	$	261,205	$	261,405	151058
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	151059
GRF	195407	Travel and Tourism	$	1,300,000	$	0	151060
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	151061
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	151062
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	151063
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	151064
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	151065
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	151066
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	151067
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	151068
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	151069
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	151070
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	151071
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	151072

General Services Fund Group	151073

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	151074
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	151075
5KN0	195640	Local Government Innovation	$	16,130,986	$	16,000,000	151076
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	151077
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	151078
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	151079
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	151080
TOTAL GSF General Services Fund							151081
Group			$	46,280,986	$	31,150,000	151082

Federal Special Revenue Fund Group	151083

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	151084
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	151085
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	151086
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	151087
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	151088
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	151089
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	151090
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	151091
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	151092
3350	195610	Energy Programs	$	200,000	$	200,000	151093
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	151094
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	151095
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	151096
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	151097
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	151098
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	151099
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	151100
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	151101
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	151102
TOTAL FED Federal Special Revenue							151103
Fund Group			$	417,389,090	$	375,260,494	151104

State Special Revenue Fund Group	151105

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	151106
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	151107
4F20	195639	State Special Projects	$	102,145	$	102,104	151108
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	151109
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	151110
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	151111
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	151112
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	151113
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	151114
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	151115
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	151116
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	151117
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	151118
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	151119
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	151120
6170	195654	Volume Cap Administration	$	32,562	$	32,562	151121
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	151122
TOTAL SSR State Special Revenue							151123
Fund Group			$	474,628,375	$	463,028,371	151124

Facilities Establishment Fund Group	151125

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	151126
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	151127
7010	195665	Research and Development	$	22,000,000	$	22,000,000	151128
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	151129
TOTAL 037 Facilities							151130
Establishment Fund Group			$	90,000,000	$	90,000,000	151131

Clean Ohio Revitalization Fund	151132

7003	195663		Clean Ohio Program		$	950,000		$	950,000		151133
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		151134

Third Frontier Research & Development Fund Group	151135

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	151136
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	151137
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	151138
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	151139
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	151140

Job Ready Site Development Fund Group	151141

7012	195688		Job Ready Site Development		$	800,000		$	800,000		151142
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		151143

Tobacco Master Settlement Agreement Fund Group	151144

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	151145
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	151146
TOTAL ALL BUDGET FUND GROUPS			$	1,278,155,191	$	1,230,371,035	151147

Section 257.20. COAL RESEARCH OPERATING

151149

The foregoing appropriation item 195402, Coal Research	151150
Operating, shall be used for the operating expenses of the	151151
Community Services Division in support of the Ohio Coal	151152
Development Office.	151153

TRAVEL AND TOURISM

151154

The foregoing appropriation item 195407, Travel and Tourism,	151155
shall be used for marketing the state of Ohio as a tourism	151156
destination and to support administrative expenses and contracts	151157
necessary to market Ohio.	151158

BUSINESS DEVELOPMENT SERVICES

151159

The foregoing appropriation item 195415, Business Development	151160
Services, shall be used for the operating expenses of the Business	151161
Services Division and the regional economic development offices	151162
and for grants for cooperative economic development ventures.	151163

REDEVELOPMENT ASSISTANCE

151164

The foregoing appropriation item 195426, Redevelopment	151165
Assistance, shall be used to fund the costs of administering the	151166
Clean Ohio Revitalization program and other urban revitalization	151167
programs that may be implemented by the Development Services	151168
Agency.	151169

CDBG OPERATING MATCH

151170

The foregoing appropriation item 195497, CDBG Operating	151171
Match, shall be used as matching funds for grants from the United	151172
States Department of Housing and Urban Development pursuant to the	151173
Housing and Community Development Act of 1974 and regulations and	151174
policy guidelines for the programs pursuant thereto.	151175

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

151176

The foregoing appropriation item 195501, Appalachian Local	151177
Development Districts, shall be used to support four local	151178
development districts. Of the foregoing appropriation amount in	151179
each fiscal year, up to $135,000 shall be allocated to the Ohio	151180
Valley Regional Development Commission, up to $135,000 shall be	151181
allocated to the Ohio Mid-Eastern Government Association, up to	151182
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	151183
Regional Development District, and up to $35,000 shall be	151184
allocated to the Eastgate Regional Council of Governments. Local	151185
development districts receiving funding under this section shall	151186
use the funds for the implementation and administration of	151187
programs and duties under section 107.21 of the Revised Code.	151188

TECHNOLOGY PROGRAMS AND GRANTS

151189

Of the foregoing appropriation item 195532, Technology	151190
Programs and Grants, up to $547,341 in each fiscal year shall be	151191
used for operating expenses incurred in administering the Ohio	151192
Third Frontier pursuant to sections 184.10 to 184.20 of the	151193
Revised Code; and up to $13,000,000 in each fiscal year shall be	151194
used for the Thomas Edison Program pursuant to sections 122.28 to	151195
122.38 of the Revised Code, of which not less than $7,650,000	151196
shall be allocated for the Edison Center Network entities defined	151197
in division (C) of section 122.33 of the Revised Code, $2,000,000	151198
of which shall be allocated on a competitive basis among the	151199
entities, and not more than ten per cent shall be used for	151200
operating expenses incurred in administering the program.	151201

BUSINESS ASSISTANCE

151202

The foregoing appropriation item 195533, Business Assistance,	151203
may be used to provide a range of business assistance, including	151204
grants to local organizations to support economic development	151205
activities that promote minority business development, small	151206
business development, entrepreneurship, and exports of Ohio's	151207
goods and services. This appropriation item shall also be used as	151208
matching funds for grants from the United States Small Business	151209
Administration and other federal agencies, pursuant to Public Law	151210
No. 96-302 as amended by Public Law No. 98-395, and regulations	151211
and policy guidelines for the programs pursuant thereto.	151212

APPALACHIA ASSISTANCE

151213

The foregoing appropriation item 195535, Appalachia	151214
Assistance, may be used for the administrative costs of planning	151215
and liaison activities for the Governor's Office of Appalachia, to	151216
provide financial assistance to projects in Ohio's Appalachian	151217
counties, and to pay dues for the Appalachian Regional Commission.	151218
These funds may be used to match federal funds from the	151219
Appalachian Regional Commission.	151220

OHIO-ISRAEL AGRICULTURE INITIATIVE

151221

The foregoing appropriation item 195537, Ohio-Israel	151222
Agricultural Initiative, shall be used for the Ohio-Israel	151223
Agricultural Initiative.	151224

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

151225

The foregoing appropriation line item 195901, Coal Research	151226
and Development General Obligation Debt Service, shall be used to	151227
pay all debt service and related financing costs during the period	151228
July 1, 2013, through June 30, 2015 for obligations issued under	151229
sections 151.01 and 151.07 of the Revised Code.	151230

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	151231
SERVICE	151232

The foregoing appropriation item 195905, Third Frontier	151233
Research & Development General Obligation Debt Service, shall be	151234
used to pay all debt service and related financing costs during	151235
the period from July 1, 2013, through June 30, 2015, on	151236
obligations issued for research and development purposes under	151237
sections 151.01 and 151.10 of the Revised Code.	151238

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

151239

The foregoing appropriation item 195912, Job Ready Site	151240
Development General Obligation Debt Service, shall be used to pay	151241
all debt service and related financing costs during the period	151242
from July 1, 2013, through June 30, 2015, on obligations issued	151243
for job ready site development purposes under sections 151.01 and	151244
151.11 of the Revised Code.	151245

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

151246

The Director of Development Services may assess offices of	151247
the agency for the cost of central service operations. An	151248
assessment shall contain the characteristics of administrative	151249
ease and uniform application. A division's payments shall be	151250
credited to the Supportive Services Fund (Fund 1350) using an	151251
intrastate transfer voucher.	151252

LOCAL GOVERNMENT INNOVATION FUND

151253

The foregoing appropriation item 195640, Local Government	151254
Innovation, shall be used for the purposes of making loans and	151255
grants to political subdivisions under the Local Government	151256
Innovation Program in accordance with sections 189.01 to 189.10 of	151257
the Revised Code. Of the foregoing appropriation item 195640,	151258
Local Government Innovation, up to $175,000 in each fiscal year	151259
shall be used for administrative costs incurred by the Development	151260
Services Agency.	151261

TRAVEL AND TOURISM COOPERATIVE PROJECTS

151262

The foregoing appropriation item 195690, Travel and Tourism	151263
Cooperative Projects, shall consist solely of leveraged private	151264
sector paid advertising dollars received in tourism marketing	151265
assistance and co-op programs. These funds are to be used for the	151266
marketing and promotion of travel and tourism in Ohio.	151267

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

151268

The foregoing appropriation item 195636, Development Services	151269
Reimbursable Expenditures, shall be used for reimbursable costs	151270
incurred by the agency. Revenues to the General Reimbursement Fund	151271
(Fund 6850) shall consist of moneys charged for administrative	151272
costs that are not central service costs.	151273

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

151274

Of the foregoing appropriation item 195643, Workforce	151275
Development Initiatives, $500,000 in fiscal year 2014 shall be	151276
used to fund the Heavy Machinery Pilot Program at Central Ohio	151277
Technical College for tuition support and reimbursement to train	151278
approximately 30 students for careers in construction and the oil	151279
and gas industries in Eastern Ohio and statewide.	151280

Of the foregoing appropriation item 195643, Workforce	151281
Development Initiative, $500,000 in each fiscal year shall be used	151282
for grants to BioOhio to support the Bioscience Workforce	151283
Development Initiative for training incumbent and prospective	151284
workers in the bioscience manufacturing industry in partnership	151285
with community colleges. BioOhio shall provide an annual report to	151286
the Office of the Governor and the General Assembly assessing the	151287
progress of the BioScience Workforce Development Initiative, and	151288
the report shall include enrollment and placement statistics.	151289

HEAP WEATHERIZATION

151290

Up to twenty-five per cent of the federal funds deposited to	151291
the credit of the Home Energy Assistance Block Grant Fund (Fund	151292
3K90) may be expended from appropriation item 195614, HEAP	151293
Weatherization, to provide home weatherization services in the	151294
state as determined by the Director of Development Services. Any	151295
transfers or increases in appropriation for the foregoing	151296
appropriation items 195614, HEAP Weatherization, or 195611, Home	151297
Energy Assistance Block Grant, shall be subject to approval by the	151298
Controlling Board.	151299

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

151300

The foregoing appropriation item 195649, Business Assistance	151301
Programs, shall be used for administrative expenses associated	151302
with the operation of tax credit programs, loan servicing, the	151303
Ohio Film Office, workforce initiatives, and the Office of	151304
Strategic Business Investments.	151305

STATE SPECIAL PROJECTS

151306

The State Special Projects Fund (Fund 4F20), may be used for	151307
the deposit of private-sector funds from utility companies and for	151308
the deposit of other miscellaneous state funds. State moneys so	151309
deposited may also be used to match federal housing grants for the	151310
homeless.	151311

MINORITY BUSINESS ENTERPRISE LOAN

151312

All repayments from the Minority Development Financing	151313
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	151314
Program shall be deposited in the State Treasury to the credit of	151315
the Minority Business Enterprise Loan Fund (Fund 4W10).	151316

MINORITY BUSINESS BONDING FUND

151317

Notwithstanding Chapters 122., 169., and 175. of the Revised	151318
Code, the Director of Development Services may, upon the	151319
recommendation of the Minority Development Financing Advisory	151320
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	151321
year 2015 biennium of unclaimed funds administered by the Director	151322
of Commerce and allocated to the Minority Business Bonding Program	151323
under section 169.05 of the Revised Code.	151324

If needed for the payment of losses arising from the Minority	151325
Business Bonding Program, the Director of Budget and Management	151326
may, at the request of the Director of Development Services,	151327
request that the Director of Commerce transfer unclaimed funds	151328
that have been reported by holders of unclaimed funds under	151329
section 169.05 of the Revised Code to the Minority Bonding Fund	151330
(Fund 4490). The transfer of unclaimed funds shall only occur	151331
after proceeds of the initial transfer of $2,700,000 by the	151332
Controlling Board to the Minority Business Bonding Program have	151333
been used for that purpose. If expenditures are required for	151334
payment of losses arising from the Minority Business Bonding	151335
Program, such expenditures shall be made from appropriation item	151336
195658, Minority Business Bonding Contingency in the Minority	151337
Business Bonding Fund, and such amounts are hereby appropriated.	151338

INCUMBENT WORKFORCE TRAINING VOUCHERS

151339

(A) The Director of Budget and Management may transfer up to	151340
$30,000,000 cash in each fiscal year from the Economic Development	151341
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	151342
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	151343
Development Services Agency.	151344

(B) Of the foregoing appropriation item 195526, Incumbent	151345
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	151346
shall be used to support the Ohio Incumbent Workforce Training	151347
Voucher Program.	151348

(C) The Ohio Incumbent Workforce Training Voucher Program	151349
shall conform to guidelines for the operation of the program,	151350
including, but not limited to, the following:	151351

(1) A requirement that a training voucher under the program	151352
shall not exceed $6,000 per worker per year;	151353

(2) A provision for an employer of an eligible employee to	151354
apply for a voucher on behalf of the eligible employee;	151355

(3) A provision for an eligible employee to apply directly	151356
for a training voucher with the pre-approval of the employee's	151357
employer; and	151358

(4) A requirement that an employee participating in the	151359
program, or the employee's employer, shall pay for not less than	151360
thirty-three per cent of the training costs under the program.	151361

On July 1, 2014, or as soon as possible thereafter, the	151362
Director of Development Services may request that the Director of	151363
Budget and Management reappropriate any unexpended, unencumbered	151364
balance of the prior fiscal year's appropriation to the foregoing	151365
appropriation item 195526, Incumbent Workforce Training Vouchers,	151366
for fiscal year 2015. The Director of Budget and Management may	151367
request additional information necessary for evaluating the	151368
request, and the Director of Development Services shall provide	151369
the requested information to the Director of Budget and	151370
Management. Based on the information provided by the Director of	151371
Development Services, the Director of Budget and Management shall	151372
determine the amount to be reappropriated, and those amounts are	151373
hereby reappropriated for fiscal year 2015.	151374

DEFENSE DEVELOPMENT ASSISTANCE

151375

The Director of Budget and Management shall transfer up to	151376
$5,000,000 in cash in each fiscal year from the Economic	151377
Development Programs Fund (Fund 5JC0) used by the Board of Regents	151378
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	151379
by the Development Services Agency. The transferred funds shall be	151380
used for appropriation item 195622, Defense Development	151381
Assistance, for economic development programs and the creation of	151382
new jobs to leverage and support mission gains at Department of	151383
Defense facilities in Ohio by working with future base realignment	151384
and closure activities and ongoing Department of Defense	151385
efficiency initiatives, assisting efforts to secure Department of	151386
Defense support contracts for Ohio companies, assessing and	151387
supporting regional job training and workforce development needs	151388
generated by the Department of Defense and the Ohio aerospace	151389
industry, and for expanding job training and economic development	151390
programs in human performance related initiatives. A portion of	151391
these funds shall be matched in the aggregate amount of $5,000,000	151392
by either public or private industry partners, educational	151393
entities, or federal agencies.	151394

Of the foregoing appropriation item 195622, Defense	151395
Development Assistance, $3,000,000 shall be used by Applied	151396
Research Corporation to support education or research projects	151397
conducted by public-private partnerships in Ohio that seek to	151398
develop and train the workforce of Ohio in all industries.	151399

On July 1, 2014, or as soon as possible thereafter, the	151400
Director of Development Services may request that the Director of	151401
Budget and Management reappropriate any unexpended, unencumbered	151402
balance of the prior fiscal year's appropriation to the foregoing	151403
appropriation item 195622, Defense Development Assistance, for	151404
fiscal year 2015. The Director of Budget and Management may	151405
request additional information necessary for evaluating the	151406
request, and the Director of Development Services shall provide	151407
the requested information to the Director of Budget and	151408
Management. Based on the information provided by the Director of	151409
Development Services, the Director of Budget and Management shall	151410
determine the amount to be reappropriated, and those amounts are	151411
hereby reappropriated for fiscal year 2015.	151412

ADVANCED ENERGY LOAN PROGRAMS

151413

The foregoing appropriation item 195660, Advanced Energy Loan	151414
Programs, shall be used to provide financial assistance to	151415
customers for eligible advanced energy projects for residential,	151416
commercial, and industrial business, local government, educational	151417
institution, nonprofit, and agriculture customers, and to pay for	151418
the program's administrative costs as provided in sections 4928.61	151419
to 4928.63 of the Revised Code and rules adopted by the Director	151420
of Development Services.	151421

TOURISMOHIO ADMINISTRATION

151422

Of the foregoing appropriation item 195683, TourismOhio	151423
Administration, $1,000,000 in fiscal year 2014 shall be used to	151424
administer a program established by the Development Services	151425
Agency pursuant to section 122.121 of the Revised Code.	151426

VOLUME CAP ADMINISTRATION

151427

The foregoing appropriation item 195654, Volume Cap	151428
Administration, shall be used for expenses related to the	151429
administration of the Volume Cap Program. Revenues received by the	151430
Volume Cap Administration Fund (Fund 6170) shall consist of	151431
application fees, forfeited deposits, and interest earned from the	151432
custodial account held by the Treasurer of State.	151433

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

151434

The foregoing appropriation item 195628, Capital Access Loan	151435
Program, shall be used for operating, program, and administrative	151436
expenses of the program. Funds of the Capital Access Loan Program	151437
shall be used to assist participating financial institutions in	151438
making program loans to eligible businesses that face barriers in	151439
accessing working capital and obtaining fixed-asset financing.	151440

INNOVATION OHIO LOAN FUND

151441

The foregoing appropriation item 195664, Innovation Ohio,	151442
shall be used to provide for Innovation Ohio purposes, including	151443
loan guarantees and loans under Chapter 166. and particularly	151444
sections 166.12 to 166.16 of the Revised Code.	151445

RESEARCH AND DEVELOPMENT

151446

The foregoing appropriation item 195665, Research and	151447
Development, shall be used to provide for research and development	151448
purposes, including loans, under Chapter 166. and particularly	151449
sections 166.17 to 166.21 of the Revised Code.	151450

FACILITIES ESTABLISHMENT

151451

The foregoing appropriation item 195615, Facilities	151452
Establishment, shall be used for the purposes of the Facilities	151453
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	151454
Code.	151455

Notwithstanding Chapter 166. of the Revised Code, an amount	151456
not to exceed $3,000,000 in cash in each fiscal year may be	151457
transferred from the Facilities Establishment Fund (Fund 7037) to	151458
the Business Assistance Fund (Fund 4510). The transfer is subject	151459
to Controlling Board approval under division (B) of section 166.03	151460
of the Revised Code.	151461

Notwithstanding Chapter 166. of the Revised Code, the	151462
Director of Budget and Management may transfer an amount not to	151463
exceed $1,000,000 in cash in each fiscal year from the Facilities	151464
Establishment Fund (Fund 7037) to the Minority Business Enterprise	151465
Loan Fund (Fund 4W10).	151466

Notwithstanding Chapter 166. of the Revised Code, the	151467
Director of Budget and Management may transfer an amount not to	151468
exceed $2,000,000 in cash in each fiscal year from the Facilities	151469
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	151470
(Fund 5S90).	151471

Section 257.70. CLEAN OHIO OPERATING EXPENSES

151472

The foregoing appropriation item 195663, Clean Ohio Program,	151473
shall be used by the Development Services Agency in administering	151474
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	151475
sections 122.65 to 122.658 of the Revised Code.	151476

Section 257.80. THIRD FRONTIER OPERATING

151477

The foregoing appropriation items 195686, Third Frontier	151478
Operating, and 195620, Third Frontier Operating - Tax, shall be	151479
used for operating expenses incurred by the Development Services	151480
Agency in administering projects pursuant to sections 184.10 to	151481
184.20 of the Revised Code. Operating expenses paid from item	151482
195686 shall be limited to the administration of projects funded	151483
from the Third Frontier Research & Development Fund (Fund 7011)	151484
and operating expenses paid from item 195620 shall be limited to	151485
the administration of projects funded from the Third Frontier	151486
Research & Development Taxable Bond Project Fund (Fund 7014).	151487

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	151488
AND DEVELOPMENT TAXABLE BOND PROJECTS	151489

The foregoing appropriation items 195687, Third Frontier	151490
Research & Development Projects, 195692, Research & Development	151491
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	151492
shall be used by the Development Services Agency to fund selected	151493
projects. Eligible costs are those costs of research and	151494
development projects to which the proceeds of the Third Frontier	151495
Research & Development Fund (Fund 7011) and the Research &	151496
Development Taxable Bond Project Fund (Fund 7014) are to be	151497
applied.	151498

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

151499

The Director of Budget and Management may approve written	151500
requests from the Director of Development Services for the	151501
transfer of appropriations between appropriation items 195687,	151502
Third Frontier Research & Development Projects, and 195692,	151503
Research & Development Taxable Bond Projects, based upon awards	151504
recommended by the Third Frontier Commission. The transfers are	151505
subject to approval by the Controlling Board.	151506

In fiscal year 2015, the Director of Development Services may	151507
request that the Director of Budget and Management reappropriate	151508
any unexpended, unencumbered balances of the prior fiscal year's	151509
appropriation to the foregoing appropriation items 195687, Third	151510
Frontier Research & Development Projects, and 195692, Research &	151511
Development Taxable Bond Projects, for fiscal year 2015. The	151512
Director of Budget and Management may request additional	151513
information necessary for evaluating these requests, and the	151514
Director of Development Services shall provide the requested	151515
information to the Director of Budget and Management. Based on the	151516
information provided by the Director of Development Services, the	151517
Director of Budget and Management shall determine the amounts to	151518
be reappropriated, and those amounts are hereby reappropriated for	151519
fiscal year 2015.	151520

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

151521

The Ohio Public Facilities Commission is hereby authorized to	151522
issue and sell, in accordance with Section 2p of Article VIII,	151523
Ohio Constitution, and particularly sections 151.01 and 151.10 of	151524
the Revised Code, original obligations of the State of Ohio in an	151525
aggregate amount not to exceed $350,000,000 in addition to the	151526
original issuance of obligations authorized by prior acts of the	151527
General Assembly. The authorized obligations shall be issued and	151528
sold from time to time and in amounts necessary to ensure	151529
sufficient moneys to the credit of the Third Frontier Research and	151530
Development Fund (Fund 7011) and the Third Frontier Research and	151531
Development Taxable Bond Fund (Fund 7014) to pay costs of research	151532
and development projects.	151533

Section 257.90. JOB READY SITE PROGRAM

151534

The foregoing appropriation item 195688, Job Ready Site	151535
Development, shall be used for operating expenses incurred by the	151536
Development Services Agency in administering Job Ready Site	151537
Development Fund (Fund 7012) projects pursuant to sections 122.085	151538
to 122.0820 of the Revised Code. Operating expenses include, but	151539
are not limited to, certain qualified expenses of the District	151540
Public Works Integrating Committees, as applicable, engineering	151541
review of submitted applications by the State Architect or a	151542
third-party engineering firm, audit and accountability activities,	151543
and costs associated with formal certifications verifying that	151544
site infrastructure is in place and is functional.	151545

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

151546

On July 1, 2013, or as soon as possible thereafter, the	151547
Director of Budget and Management may transfer up to the cash	151548
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	151549
and the Tax Credit Operating Fund (Fund 4S10) to the Business	151550
Assistance Fund (Fund 4510).	151551

On July 1, 2013, or as soon as possible thereafter, the	151552
Director of Budget and Management may transfer up to the cash	151553
balances in the Family Farm Loan Fund (Fund 5H10) and the First	151554
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	151555
7037).	151556

On July 1, 2013, or as soon as possible thereafter, the	151557
Director of Budget and Management may transfer up to the cash	151558
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	151559
New Markets Tax Credit Program Fund (Fund 5JR0).	151560

On July 1, 2013, or as soon as possible thereafter, the	151561
Director of Budget and Management may transfer up to the cash	151562
balances in the Water and Sewer Fund (Fund 4440) and the Water and	151563
Sewer Administrative Fund (Fund 6110) to the General	151564
Reimbursements Fund (Fund 6850).	151565

On July 1, 2013, or as soon as possible thereafter, the	151566
Director of Budget and Management may transfer up to the cash	151567
balance in the Local Government Services Collaboration Grant Fund	151568
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	151569

(B) ABOLISHMENT OF FUNDS

151570

On July 1, 2013, or as soon as possible thereafter, upon	151571
completion of a transfer of the cash balance in a fund as	151572
described in division (A) of this section by the Director of	151573
Budget and Management, notwithstanding the establishment authority	151574
of the fund, the fund is hereby abolished.	151575

On July 1, 2013, or as soon as possible thereafter, the	151576
Director of Budget and Management shall transfer the cash balance	151577
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	151578
Establishment Fund (Fund 7037). After completion of the transfer	151579
and on the effective date of its repeal by this act, Fund 7022	151580
shall be abolished.	151581

The following funds are determined to be dormant and shall be	151582
abolished on the effective date of their repeal by this act:	151583
Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites Fund	151584
(Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	151585
Development and Assistance Fund (Fund 5LK0), Clean Ohio	151586
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	151587
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	151588

151589

On July 1, 2013, or as soon as possible thereafter, the	151590
Director of Budget and Management may determine whether the	151591
following funds are dormant. If the Director of Budget and	151592
Management determines a fund to be dormant, notwithstanding the	151593
establishment authority of the fund, the fund is hereby abolished.	151594
The funds are:	151595

Fund Number	Fund Name	151596
1360	International Trade	151597
3800	Ohio Housing Agency	151598
3BJ0	TANF Heating Assistance	151599
3X30	TANF Housing	151600
4450	OHFA Administration	151601
4480	Ohio Coal Development	151602
4D00	Public & Private Assistance	151603
5CV0	Defense Conversion Assistance	151604
5D10	Port Authority Bond Reserves	151605
5D20	Urban Redevelopment Loan	151606
5F70	Local Government Y2K Loan Program	151607
5X50	Family Homelessness Prevention Pilot	151608
5Y60	Economic Development Contingency	151609
5Z30	Jobs	151610
QA70	Electric Revenue Development	151611

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

151612

General Revenue Fund	151613

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	151614
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	151615
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	151616
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	151617
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	151618
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	151619
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	151620
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	151621
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	151622
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	151623
TOTAL GRF General Revenue Fund			$	524,186,339	$	531,937,865	151624

General Services Fund Group	151625

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		151626
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		151627

Federal Special Revenue Fund Group	151628

3A50	320613	DD Council	$	3,297,656	$	3,324,187	151629
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	151630
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	151631
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	151632
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	151633
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	151634
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	151635
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	151636
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	151637

State Special Revenue Fund Group	151638

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	151639
2210	322620	Supplement Service Trust	$	150,000	$	150,000	151640
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	151641
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	151642
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	151643
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	151644
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	151645
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	151646
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	151647
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	151648
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	151649
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	151650
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	151651
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	151652
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,695,314,971	151653

Section 259.20. LEASE-RENTAL PAYMENTS

151655

The foregoing appropriation item 320415, Lease-Rental	151656
Payments, shall be used to meet all payments at the times they are	151657
required to be made during the period from July 1, 2013, through	151658
June 30, 2015, by the Department of Developmental Disabilities	151659
under leases and agreements made under section 154.20 of the	151660
Revised Code. These appropriations are the source of funds pledged	151661
for bond service charges on related obligations issued under	151662
Chapter 154. of the Revised Code.	151663

Section 259.30. SCREENING AND EARLY INTERVENTION

151664

The foregoing appropriation item 322420, Screening and Early	151665
Intervention, shall be used for screening and early intervention	151666
programs for children with autism selected by the Director of	151667
Developmental Disabilities.	151668

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

151669

The foregoing appropriation item 322451, Family Support	151670
Services, may be used as follows in fiscal year 2014 and fiscal	151671
year 2015:	151672

(A) The appropriation item may be used to provide a subsidy	151673
to county boards of developmental disabilities for family support	151674
services provided under section 5126.11 of the Revised Code. The	151675
subsidy shall be paid in quarterly installments and allocated to	151676
county boards according to a formula the Director of Developmental	151677
Disabilities shall develop in consultation with representatives of	151678
county boards. A county board shall use not more than seven per	151679
cent of its subsidy for administrative costs.	151680

(B) The appropriation item may be used to distribute funds to	151681
county boards for the purpose of addressing economic hardships and	151682
to promote efficiency of operations. In consultation with	151683
representatives of county boards, the Director shall determine the	151684
amount of funds to distribute for these purposes and the criteria	151685
for distributing the funds.	151686

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

151687

(A) Except as provided in the section of this act titled	151688
"NONFEDERAL SHARE OF ICF/IID SERVICES," the foregoing	151689
appropriation item 322501, County Boards Subsidies, shall be used	151690
for the following purposes:	151691

(1) To provide a subsidy to county boards of developmental	151692
disabilities in quarterly installments and allocated according to	151693
a formula developed by the Director of Developmental Disabilities	151694
in consultation with representatives of county boards. Except as	151695
provided in section 5126.0511 of the Revised Code or in division	151696
(B) of this section, county boards shall use the subsidy for early	151697
childhood services and adult services provided under section	151698
5126.05 of the Revised Code, service and support administration	151699
provided under section 5126.15 of the Revised Code, or supported	151700
living as defined in section 5126.01 of the Revised Code.	151701

(2) To provide funding, as determined necessary by the	151702
Director, for residential services, including room and board, and	151703
support service programs that enable individuals with	151704
developmental disabilities to live in the community.	151705

(3) To distribute funds to county boards of developmental	151706
disabilities to address economic hardships and promote efficiency	151707
of operations. The Director shall determine, in consultation with	151708
representatives of county boards, the amount of funds to	151709
distribute for these purposes and the criteria for distributing	151710
the funds.	151711

(B) In collaboration with the county's family and children	151712
first council, a county board of developmental disabilities may	151713
transfer portions of funds received under this section, to a	151714
flexible funding pool in accordance with the section of this act	151715
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	151716

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

151717

As used in this section, "home and community-based services"	151718
has the same meaning as in section 5123.01 of the Revised Code.	151719

The Director of Developmental Disabilities shall establish a	151720
methodology to be used in fiscal year 2014 and fiscal year 2015 to	151721
estimate the quarterly amount each county board of developmental	151722
disabilities is to pay of the nonfederal share of home and	151723
community-based services that section 5126.0510 of the Revised	151724
Code requires county boards to pay. Each quarter, the Director	151725
shall submit to a county board written notice of the amount the	151726
county board is to pay for that quarter. The notice shall specify	151727
when the payment is due.	151728

Section 259.70. TAX EQUITY

151729

Notwithstanding section 5126.18 of the Revised Code, the	151730
foregoing appropriation item 322503, Tax Equity, may be used to	151731
distribute funds to county boards of developmental disabilities to	151732
address economic hardships and promote efficiency of operations.	151733
The Director of Developmental Disabilities shall determine, in	151734
consultation with representatives of county boards, the amount of	151735
funds to distribute for these purposes and the criteria for	151736
distributing the funds.	151737

Section 259.80. MEDICAID SERVICES

151738

Except as provided in section 5123.0416 of the Revised Code,	151739
the purposes for which the foregoing appropriation item 653407,	151740
Medicaid Services, shall be used include the following:	151741

(A) Home and community-based services, as defined in section	151742
5123.01 of the Revised Code;	151743

(B) Implementation of the requirements of the agreement	151744
settling the consent decree in Sermak v. Manuel, Case No.	151745
C-2-80-220, United States District Court for the Southern District	151746
of Ohio, Eastern Division;	151747

(C) Implementation of the requirements of the agreement	151748
settling the consent decree in the Martin v. Strickland, Case No.	151749
89-CV-00362, United States District Court for the Southern	151750
District of Ohio, Eastern Division;	151751

(D) ICF/IID services, as defined in section 5124.01 of the	151752
Revised Code;	151753

(E) Other programs as identified by the Director of	151754
Developmental Disabilities.	151755

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

151756

The foregoing appropriation item 322508, Employment First	151757
Pilot Program, shall be used to increase employment opportunities	151758
for individuals with developmental disabilities through the	151759
Employment First Initiative in accordance with section 5123.022 of	151760
the Revised Code.	151761

Of the foregoing appropriation item, 322508, Employment First	151762
Pilot Program, the Director of Developmental Disabilities shall	151763
transfer, in each fiscal year, to the Opportunities for Ohioans	151764
with Disabilities Agency an amount agreed upon by the Director of	151765
Developmental Disabilities and the Executive Director of the	151766
Opportunities for Ohioans with Disabilities Agency. The transfer	151767
shall be made via an intrastate transfer voucher. The transferred	151768
funds shall be used to support the Employment First Pilot Program.	151769
The Opportunities for Ohioans with Disabilities Agency shall use	151770
the funds transferred as state matching funds to obtain available	151771
federal grant dollars for vocational rehabilitation services. Any	151772
federal match dollars received by the Opportunities for Ohioans	151773
with Disabilities Agency shall be used for the pilot program. The	151774
Director of Developmental Disabilities and the Executive Director	151775
of the Opportunities for Ohioans with Disabilities Agency shall	151776
enter into an interagency agreement in accordance with section	151777
3304.181 of the Revised Code that will specify the	151778
responsibilities of each agency under the pilot program. Under the	151779
interagency agreement, the Opportunities for Ohioans with	151780
Disabilities Agency shall retain responsibility for eligibility	151781
determination, order of selection, plan approval, plan amendment,	151782
and release of vendor payments.	151783

The remainder of appropriation item 322508, Employment First	151784
Pilot Program, shall be used to develop a long term, sustainable	151785
system that places individuals with developmental disabilities in	151786
community employment, as defined in section 5126.01 of the Revised	151787
Code.	151788

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

151789

If an employment first task force is established by the	151790
Director of Developmental Disabilities in accordance with section	151791
5123.023 of the Revised Code, the Director of Budget and	151792
Management shall establish an appropriation item from the	151793
Employment First Taskforce Fund for use by the Department of	151794
Developmental Disabilities to support the work of the task force.	151795
In fiscal year 2014 and fiscal year 2015, if an employment first	151796
task force is established, the Director of Developmental	151797
Disabilities shall certify to the Director of Budget and	151798
Management the appropriation amounts necessary for the Department	151799
of Developmental Disabilities to fulfill its obligation to support	151800
the work of the task force. Once the certification required under	151801
this section has been submitted and approved by the Director of	151802
Budget and Management, the appropriations established under this	151803
section are hereby appropriated in the amounts approved by the	151804
Director of Budget and Management.	151805

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

151806

On July 1, 2013, or as soon as possible thereafter, the	151807
Director of Developmental Disabilities shall request the Director	151808
of Budget and Management to transfer the cash balance in the Home	151809
and Community-Based Services Fund (Fund 4K80) to the Operating and	151810
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	151811
4K80 is hereby abolished. The Director of Budget and Management	151812
shall cancel any existing encumbrances against appropriation item	151813
322604, Medicaid Waiver – State Match, and reestablish them	151814
against appropriation item 653606, ICF/IID and Waiver Match. The	151815
reestablished encumbrance amounts are hereby appropriated.	151816

Section 259.120. OPERATING AND SERVICES

151817

Of the foregoing appropriation item 320606, Operating and	151818
Services, $100,000 in each fiscal year shall be provided to the	151819
Ohio Center for Autism and Low Incidence to establish a lifespan	151820
autism hub to support families and professionals.	151821

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

151822

County boards of developmental disabilities shall pay the	151823
nonfederal portion of targeted case management costs to the	151824
Department of Developmental Disabilities.	151825

The Director of Developmental Disabilities and the Medicaid	151826
Director may enter into an interagency agreement under which the	151827
Department of Developmental Disabilities shall transfer cash from	151828
the Targeted Case Management Fund (Fund 5DJ0) to the Health	151829
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	151830
Department of Medicaid in an amount equal to the nonfederal	151831
portion of the cost of targeted case management services paid by	151832
county boards. Under the agreement, the Department of Medicaid	151833
shall pay the total cost of targeted case management claims. The	151834
transfer shall be made using an intrastate transfer voucher.	151835

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

151836

If a county board of developmental disabilities does not	151837
fully pay any amount owed to the Department of Developmental	151838
Disabilities by the due date established by the Department, the	151839
Director of Developmental Disabilities may withhold the amount the	151840
county board did not pay from any amounts due to the county board.	151841
The Director may use any appropriation item or fund used by the	151842
Department to transfer cash to any other fund used by the	151843
Department in an amount equal to the amount owed the Department	151844
that the county board did not pay. Transfers under this section	151845
shall be made using an intrastate transfer voucher.	151846

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

151847

Developmental centers of the Department of Developmental	151848
Disabilities may provide services to persons with mental	151849
retardation or developmental disabilities living in the community	151850
or to providers of services to these persons. The Department may	151851
develop a method for recovery of all costs associated with the	151852
provision of these services.	151853

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	151854
PHARMACY PROGRAMS	151855

The Director of Developmental Disabilities shall quarterly	151856
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	151857
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	151858
by the Department of Medicaid, in an amount equal to the	151859
nonfederal share of Medicaid prescription drug claim costs for all	151860
developmental centers paid by the Department of Medicaid. The	151861
quarterly transfer shall be made using an intrastate transfer	151862
voucher.	151863

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	151864
SERVICES	151865

Any county funds received by the Department of Developmental	151866
Disabilities from county boards of developmental disabilities for	151867
active treatment shall be deposited in the Developmental	151868
Disabilities Operating Fund (Fund 4890).	151869

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

151870

(A) In fiscal year 2014 and fiscal year 2015, the Director of	151871
Developmental Disabilities may authorize the continuation or	151872
implementation of one or more innovative pilot projects that, in	151873
the judgment of the Director, are likely to assist in promoting	151874
the objectives of Chapter 5123. or 5126. of the Revised Code.	151875
Subject to division (B) of this section and notwithstanding any	151876
provision of Chapters 5123. and 5126. of the Revised Code and any	151877
rule adopted under either chapter, a pilot project authorized by	151878
the Director may be continued or implemented in a manner	151879
inconsistent with one or more provisions of either chapter or one	151880
or more rules adopted under either chapter. Before authorizing a	151881
pilot program, the Director shall consult with entities interested	151882
in the issue of developmental disabilities, including the Ohio	151883
Provider Resource Association, Ohio Association of County Boards	151884
of Developmental Disabilities, Ohio Health Care Association/Ohio	151885
Centers for Intellectual Disabilities, the Values and Faith	151886
Alliance, and ARC of Ohio.	151887

(B) The Director may not authorize a pilot project to be	151888
implemented in a manner that would cause the state to be out of	151889
compliance with any requirements for a program funded in whole or	151890
in part with federal funds.	151891

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	151892
APPROPRIATION ITEM STRUCTURE	151893

Upon request from the Director of Developmental Disabilities,	151894
the Director of Budget and Management may establish new funds, new	151895
appropriation items, and appropriations in order to support the	151896
transition to a new appropriation item structure in the Department	151897
of Developmental Disabilities' budget. Also, upon request of the	151898
Director of Developmental Disabilities, the Director of Budget and	151899
Management may transfer appropriations between GRF appropriation	151900
items, transfer cash between any funds used by the Department of	151901
Developmental Disabilities, abolish existing funds used by the	151902
Department of Developmental Disabilities, and cancel and	151903
reestablish encumbrances. Any establishment of new funds or	151904
appropriation items, any transfers of appropriations or cash, and	151905
any increases in appropriation under this section are subject to	151906
Controlling Board approval.	151907

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	151908
ICFs/IID	151909

(A) As used in this section:

151910

"Change of operator," "entering operator," "exiting	151911
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "new	151912
ICF/IID," "provider," and "provider agreement" have the same	151913
meanings as in section 5124.01 of the Revised Code.	151914

"Franchise permit fee" means the fee imposed by sections	151915
5168.60 to 5168.71 of the Revised Code.	151916

"Modified per diem rate" means the total per Medicaid day	151917
payment rate calculated for an ICF/IID under division (C) of this	151918
section.	151919

"Unmodified per diem rate" means the total per Medicaid day	151920
payment rate calculated for an ICF/IID under Chapter 5124. of the	151921
Revised Code. In the case of a new ICF/IID, "unmodified per diem	151922
rate" means the initial total per Medicaid day payment rate	151923
calculated for the new ICF/IID under section 5124.151 of the	151924
Revised Code.	151925

(B) This section applies to each ICF/IID provider to which	151926
any of the following applies:	151927

(1) The provider has a valid Medicaid provider agreement for	151928
the ICF/IID on June 30, 2013, and a valid Medicaid provider	151929
agreement for the ICF/IID during fiscal year 2014.	151930

(2) The ICF/IID undergoes a change of operator that takes	151931
effect during fiscal year 2014, the exiting operator has a valid	151932
Medicaid provider agreement for the ICF/IID on the day immediately	151933
preceding the effective date of the change of operator, and the	151934
entering operator has a valid Medicaid provider agreement for the	151935
ICF/IID during fiscal year 2014.	151936

(3) The ICF/IID is a new ICF/IID for which the provider	151937
obtains an initial provider agreement during fiscal year 2014.	151938

(C)(1) Except as otherwise provided in this section, an	151939
ICF/IID provider to which this section applies shall be paid, for	151940
ICF/IID services the ICF/IID provides during fiscal year 2014, the	151941
total modified per diem rate determined for the ICF/IID under this	151942
division.	151943

(2) Except in the case of a new ICF/IID, an ICF/IID's total	151944
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	151945
total unmodified per diem rate for that fiscal year with the	151946
following modifications:	151947

(a) In place of the inflation adjustment otherwise made under	151948
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	151949
actual, allowable, per diem other protected costs, excluding the	151950
franchise permit fee, from calendar year 2012 shall be multiplied	151951
by 1.014.	151952

(b) In place of the maximum cost per case-mix unit	151953
established for the ICF/IID's peer group under division (C) of	151954
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	151955
per case-mix unit shall be the following:	151956

(i) In the case of an ICF/IID with more than eight beds,	151957
$123.05;	151958

(ii) In the case of an ICF/IID with eight or fewer beds,	151959
$117.22.	151960

(c) In place of the inflation adjustment otherwise calculated	151961
under division (D) of section 5124.19 of the Revised Code for the	151962
purpose of division (A)(1)(b) of that section, an inflation	151963
adjustment of 1.014 shall be used.	151964

(d) In place of the maximum rate for indirect care costs	151965
established for the ICF/IID's peer group under division (C) of	151966
section 5124.21 of the Revised Code, the maximum rate for indirect	151967
care costs for the ICF/IID's peer group shall be the following:	151968

(i) In the case of an ICF/IID with more than eight beds,	151969
$68.98;	151970

(ii) In the case of an ICF/IID with eight or fewer beds,	151971
$59.60.	151972

(e) In place of the inflation adjustment otherwise calculated	151973
under division (D)(1) of section 5124.21 of the Revised Code for	151974
the purpose of division (B)(1) of that section only, an inflation	151975
adjustment of 1.014 shall be used.	151976

(f) In place of the efficiency incentive otherwise calculated	151977
under division (B)(2) or (3) of section 5124.21 of the Revised	151978
Code, the ICF/IID's efficiency incentive for indirect care costs	151979
shall be the following:	151980

(i) In the case of an ICF/IID with more than eight beds,	151981
$3.69;	151982

(ii) In the case of an ICF/IID with eight or fewer beds,	151983
$3.19.	151984

(g) The ICF/IID's efficiency incentive for capital costs, as	151985
determined under division (E) of section 5124.17 of the Revised	151986
Code, shall be reduced by 50%.	151987

(3) In the case of a new ICF/IID, the ICF/IID's initial total	151988
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	151989
total unmodified per diem rate for that fiscal year with the	151990
following modifications:	151991

(a) In place of the amount determined under division	151992
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	151993
cost or resident assessment data for the new ICF/IID, the new	151994
ICF/IID's initial per Medicaid day rate for direct care costs	151995
shall be determined as follows:	151996

(i) Using the costs per case-mix units determined for	151997
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	151998
of the 129th General Assembly, as amended by this act, determine	151999
the median of the costs per case-mix units of each peer group;	152000

(ii) Multiply the median determined under division	152001
(C)(3)(a)(i) of this section by the median of the averages	152002
determined under division (C)(3)(a) of Section 11 of Sub. H.B. 303	152003
of the 129th General Assembly, as amended by this act, for the	152004
ICFs/IID in the new ICF/IID's peer group;	152005

(iii) Multiply the product determined under division	152006
(C)(3)(a)(ii) of this section by 1.014.	152007

(b) In place of the amount determined under division (A)(3)	152008
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152009
per Medicaid day rate for indirect care costs shall be the	152010
following:	152011

(i) If the new ICF/IID has more then eight beds, $68.98;

152012

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

152013

(c) In place of the amount determined under division (A)(4)	152014
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152015
per Medicaid day rate for other protected costs shall be one	152016
hundred fifteen per cent of the median rate for ICFs/IID	152017
determined under section 5124.23 of the Revised Code with the	152018
modification made under division (C)(2)(a) of this section.	152019

(4) A new ICF/IID's initial total modified per diem rate for	152020
fiscal year 2014 as determined under division (C)(3) of this	152021
section shall be adjusted at the applicable time specified in	152022
division (B) of section 5124.151 of the Revised Code. If the	152023
adjustment affects the ICF/IID's rate for ICF/IID services	152024
provided during fiscal year 2014, the modifications specified in	152025
division (C)(2) of this section apply to the adjustment.	152026

(D) If the mean total per diem rate for all ICFs/IID to which	152027
this section applies, weighted by May 2013 Medicaid days and	152028
determined under division (C) of this section as of July 1, 2013,	152029
is other than $282.84, the Department of Developmental	152030
Disabilities shall adjust, for fiscal year 2014, the total per	152031
diem rate for each ICF/IID to which this section applies by a	152032
percentage that is equal to the percentage by which the mean total	152033
per diem rate is greater or less than $282.84.	152034

(E) If the United States Centers for Medicare and Medicaid	152035
Services requires that the franchise permit fee be reduced or	152036
eliminated, the Department of Developmental Disabilities shall	152037
reduce the amount it pays ICF/IID providers under this section as	152038
necessary to reflect the loss to the state of the revenue and	152039
federal financial participation generated from the franchise	152040
permit fee.	152041

(F) The Department of Developmental Disabilities shall follow	152042
this section in determining the rate to be paid ICF/IID providers	152043
subject to this section notwithstanding anything to the contrary	152044
in Chapter 5124. of the Revised Code.	152045

(G) Of the foregoing appropriation items 653407, Medicaid	152046
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	152047
portions shall be used to pay the Medicaid payment rates	152048
determined in accordance with this section for ICF/IID services	152049
provided during fiscal year 2014.	152050

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	152051
ICFs/IID	152052

(A) As used in this section:

152053

"Change of operator," "entering operator," "exiting	152054
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	152055
"provider," and "provider agreement" have the same meanings as in	152056
section 5124.01 of the Revised Code.	152057

"Franchise permit fee" means the fee imposed by sections	152058
5168.60 to 5168.71 of the Revised Code.	152059

"Modified per diem rate" means the total per Medicaid day	152060
payment rate calculated for an ICF/IID under division (C) of this	152061
section.	152062

"Unmodified per diem rate" means the total per Medicaid day	152063
payment rate calculated for an ICF/IID under Chapter 5124. of the	152064
Revised Code. In the case of a new ICF/IID, "unmodified per diem	152065
rate" means the initial total per Medicaid day payment rate	152066
calculated for the new ICF/IID under section 5124.151 of the	152067
Revised Code.	152068

(B) This section applies to each ICF/IID provider to which	152069
any of the following applies:	152070

(1) The provider has a valid Medicaid provider agreement for	152071
the ICF/IID on June 30, 2014, and a valid Medicaid provider	152072
agreement for the ICF/IID during fiscal year 2015.	152073

(2) The ICF/IID undergoes a change of operator that takes	152074
effect during fiscal year 2015, the exiting operator has a valid	152075
Medicaid provider agreement for the ICF/IID on the day immediately	152076
preceding the effective date of the change of operator, and the	152077
entering operator has a valid Medicaid provider agreement for the	152078
ICF/IID during fiscal year 2015.	152079

(3) The ICF/IID is a new ICF/IID for which the provider	152080
obtains an initial provider agreement during fiscal year 2015.	152081

(C)(1) Except as otherwise provided in this section, an	152082
ICF/IID provider to which this section applies shall be paid, for	152083
ICF/IID services the ICF/IID provides during fiscal year 2015, the	152084
total modified per diem rate determined for the ICF/IID under this	152085
division.	152086

(2) Except in the case of a new ICF/IID, an ICF/IID's total	152087
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	152088
total unmodified per diem rate for that fiscal year with the	152089
following modifications:	152090

(a) In place of the inflation adjustment otherwise made under	152091
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	152092
actual, allowable, per diem other protected costs, excluding the	152093
franchise permit fee, from calendar year 2013 shall be multiplied	152094
by 1.014.	152095

(b) In place of the maximum cost per case-mix unit	152096
established for the ICF/IID's peer group under division (C) of	152097
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	152098
per case-mix unit shall be the following:	152099

(i) In the case of an ICF/IID with more than eight beds,	152100
$114.37 or the different amount, if any, specified in a future	152101
amendment to this section made under division (D)(3) of this	152102
section;	152103

(ii) In the case of an ICF/IID with eight or fewer beds,	152104
$109.09 or the different amount, if any, specified in a future	152105
amendment to this section made under division (D)(3) of this	152106
section.	152107

(c) In place of the inflation adjustment otherwise calculated	152108
under division (D) of section 5124.19 of the Revised Code for the	152109
purpose of division (A)(1)(b) of that section, an inflation	152110
adjustment of 1.014 shall be used.	152111

(d) In the place of the grouper methodology prescribed, as of	152112
the day immediately before the effective date of this section, in	152113
rules authorized by section 5124.192 of the Revised Code, the new	152114
grouper methodology prescribed in rules authorized by division	152115
(D)(2)(a) of this section shall be used.	152116

(e) In place of the maximum rate for indirect care costs	152117
established for the ICF/IID's peer group under division (C) of	152118
section 5124.21 of the Revised Code, the maximum rate for indirect	152119
care costs for the ICF/IID's peer group shall be the following:	152120

(i) In the case of an ICF/IID with more than eight beds,	152121
$68.98;	152122

(ii) In the case of an ICF/IID with eight or fewer beds,	152123
$59.60.	152124

(f) In place of the inflation adjustment otherwise calculated	152125
under divisions (D)(1) and (2) of section 5124.21 of the Revised	152126
Code for the purpose of division (B)(1) of that section only, an	152127
inflation adjustment of 1.014 shall be used.	152128

(g) In place of the efficiency incentive otherwise calculated	152129
under division (B)(2) or (3) of section 5124.21 of the Revised	152130
Code, the ICF/IID's efficiency incentive for indirect care costs	152131
shall be the following:	152132

(i) In the case of an ICF/IID with more than eight beds,	152133
$3.69;	152134

(ii) In the case of an ICF/IID with eight or fewer beds,	152135
$3.19.	152136

(h) The ICF/IID's efficiency incentive for capital costs, as	152137
determined under division (E) of section 5124.17 of the Revised	152138
Code, shall be reduced by 50%.	152139

(3) In the case of a new ICF/IID, the ICF/IID's initial total	152140
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	152141
total unmodified per diem rate for that fiscal year with the	152142
following modifications:	152143

(a) In place of the amount determined under division	152144
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	152145
cost or resident assessment data for the new ICF/IID, the new	152146
ICF/IID's initial per Medicaid day rate for direct care costs	152147
shall be determined as follows:	152148

(i) Using the costs per case-mix units determined for	152149
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	152150
of the 129th General Assembly, as amended by this act, determine	152151
the median of the costs per case-mix units of each peer group;	152152

(ii) Multiply the median determined under division	152153
(C)(3)(a)(i) of this section by the median annual average case-mix	152154
score for the new ICF/IID's peer group for calendar year 2013;	152155

(iii) Multiply the product determined under division	152156
(C)(3)(a)(ii) of this section by 1.014.	152157

(b) In place of the amount determined under division (A)(3)	152158
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152159
per Medicaid day rate for indirect care costs shall be the	152160
following:	152161

(i) If the new ICF/IID has more then eight beds, $68.98;

152162

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

152163

(c) In place of the amount determined under division (A)(4)	152164
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152165
per Medicaid day rate for other protected costs shall be one	152166
hundred fifteen per cent of the median rate for ICFs/IID	152167
determined under section 5124.23 of the Revised Code with the	152168
modification made under division (C)(2)(a) of this section.	152169

(4) A new ICF/IID's initial total modified per diem rate for	152170
fiscal year 2015 as determined under division (C)(3) of this	152171
section shall be adjusted at the applicable time specified in	152172
division (B) of section 5124.151 of the Revised Code. If the	152173
adjustment affects the ICF/IID's rate for ICF/IID services	152174
provided during fiscal year 2015, the modifications specified in	152175
division (C)(2) of this section apply to the adjustment.	152176

(D)(1) In consultation with the Ohio Provider Resource	152177
Association, Values and Faith Alliance, Ohio Association of County	152178
Boards of Developmental Disabilities, and Ohio Health Care	152179
Association/Ohio Centers for Intellectual Disabilities, the	152180
Director of Developmental Disabilities shall study all of the	152181
following:	152182

(a) Establishing a new grouper methodology to be used when	152183
determining ICFs/IID's case-mix scores for fiscal year 2015;	152184

(b) Whether the amounts specified in division (C)(2)(b)(i)	152185
and (ii) of this section are set at levels that will avoid or	152186
minimize rate reductions under division (E) of this section;	152187

(c) For the purposes of sections 5124.153 and 5124.154 of the	152188
Revised Code, specifying additional diagnoses and special care	152189
needs that individuals must have to meet the criteria for	152190
admission to designated outlier ICFs/IID or units;	152191

(d) Sources of funding for, or mechanisms to ensure the	152192
budget neutrality of, the additional diagnoses and special care	152193
needs studied under division (D)(1)(c) of this section.	152194

(2) Not later than March 31, 2014, the Director shall adopt	152195
rules under section 5124.03 of the Revised Code to do both of the	152196
following:	152197

(a) Prescribe the following:

152198

(i) If the Director and the organizations with which the	152199
Director consults under division (D)(1) of this section agree, not	152200
later than December 31, 2013, to the terms of a new grouper	152201
methodology to be used when determining ICFs/IID's case-mix scores	152202
for fiscal year 2015, a new methodology that is consistent with	152203
those terms;	152204

(ii) If division (D)(2)(a)(i) of this section does not apply,	152205
a new grouper methodology that provides for six classes based on	152206
data available to the Director on the day immediately before the	152207
effective date of this section.	152208

(b) Specify additional diagnoses and special care needs that	152209
individuals must have to meet the criteria for admission to	152210
designated outlier ICFs/IID or units for the purposes of Medicaid	152211
payment rates under sections 5124.153 and 5124.154 of the Revised	152212
Code.	152213

(3) If the Director and the organizations with which the	152214
Director consults under divisions (D)(1) of this section agree	152215
that the amounts specified in divisions (C)(2)(b)(i) and (ii) of	152216
this section are not set at levels that will avoid or minimize	152217
rate reductions under division (E) of this section, the Director	152218
and organizations shall recommend, not later than March 31, 2014,	152219
that the General Assembly amend this section to revise the	152220
amounts. It is the General Assembly's intent to amend this section	152221
to revise the amounts specified in divisions (C)(2)(b)(i) and (ii)	152222
of this section if the Director and organizations recommend that	152223
the amounts be revised.	152224

(E) If the mean total per diem rate for all ICFs/IID to which	152225
this section applies, weighted by May 2014 Medicaid days and	152226
determined under division (C) of this section as of July 1, 2014,	152227
is other than $282.77, the Department of Developmental	152228
Disabilities shall adjust, for fiscal year 2015, the total per	152229
diem rate for each ICF/IID to which this section applies by a	152230
percentage that is equal to the percentage by which the mean total	152231
per diem rate is greater or less than $282.77.	152232

(F) If the United States Centers for Medicare and Medicaid	152233
Services requires that the franchise permit fee be reduced or	152234
eliminated, the Department of Developmental Disabilities shall	152235
reduce the amount it pays ICF/IID providers under this section as	152236
necessary to reflect the loss to the state of the revenue and	152237
federal financial participation generated from the franchise	152238
permit fee.	152239

(G) The Department of Developmental Disabilities shall follow	152240
this section in determining the rate to be paid ICF/IID providers	152241
subject to this section notwithstanding anything to the contrary	152242
in Chapter 5124. of the Revised Code.	152243

(H) Of the foregoing appropriation items 653407, Medicaid	152244
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	152245
portions shall be used to pay the Medicaid payment rates	152246
determined in accordance with this section for ICF/IID services	152247
provided during fiscal year 2015.	152248

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	152249
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/IID RESIDENTS	152250

As used in this section, "ICF/IID" and "ICF/IID services"	152251
have the same meanings as in section 5124.01 of the Revised Code.	152252

Each quarter during fiscal year 2015, the Director of	152253
Developmental Disabilities shall certify to the Director of Budget	152254
and Management the amount needed to pay the nonfederal share of	152255
the costs of the Medicaid rate add-on paid to ICFs/IID pursuant to	152256
section 5124.25 of the Revised Code for providing outlier ICF/IID	152257
services to residents who qualify for the services and are	152258
transferred to ICFs/IID from hospitals at which they receive	152259
ventilator services at the time of their transfer to the ICFs/IID.	152260

On receipt of a certification, the Director of Budget and	152261
Management shall transfer appropriations equaling the certified	152262
amount from appropriation item 651525, Medicaid/Health Care	152263
Services, to appropriation item 653407, Medicaid Services, and, in	152264
addition, shall reduce the appropriation in 651525,	152265
Medicaid/Health Care Services, by the corresponding federal share.	152266

If receipts credited to the Developmental Center and	152267
Residential Facility Services and Support Fund (Fund 3A40), used	152268
by the Department of Developmental Disabilities, exceed the	152269
amounts appropriated in appropriation item 653653, ICF/IID, the	152270
Director of Developmental Disabilities may request the Director of	152271
Budget and Management to authorize expenditures from the fund in	152272
excess of the amounts appropriated. Upon approval of the Director	152273
of Budget and Management, the additional amounts are hereby	152274
appropriated.	152275

Section 259.230. ICF/IID MEDICAID RATE WORKGROUP

152276

As used in this section, "ICF/IID," "ICF/IID services," and	152277
"Medicaid-certified capacity" have the same meanings as in section	152278
5124.01 of the Revised Code.	152279

For the purpose of assisting the Department of Developmental	152280
Disabilities during fiscal year 2014 and fiscal year 2015 with an	152281
evaluation of revisions to the formula used to determine Medicaid	152282
payment rates for ICF/IID services, the Department shall retain	152283
the workgroup that was created to assist with the study required	152284
by Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	152285
Assembly. In conducting the evaluation, the Department and	152286
workgroup shall do all of the following:	152287

(A) Focus primarily on the service needs of individuals with	152288
complex challenges that ICFs/IID are able to meet;	152289

(B) Pursue the goal of reducing the Medicaid-certified	152290
capacity of individual ICFs/IID and the total number of ICF/IID	152291
beds in the state for the purpose of increasing the service	152292
choices and community integration of individuals eligible for	152293
ICF/IID services;	152294

(C) Consider the impact that exception reviews conducted	152295
under section 5124.193 of the Revised Code have on ICFs/IID's	152296
case-mix scores.	152297

Section 259.240. NONFEDERAL SHARE OF ICF/IID SERVICES

152298

(A) As used in this section, "ICF/IID," "ICF/IID services,"	152299
and "Medicaid-certified capacity" have the same meanings as in	152300
section 5124.01 of the Revised Code.	152301

(B) The Director of Developmental Disabilities shall pay the	152302
nonfederal share of a claim for ICF/IID services using funds	152303
specified in division (C) of this section if all of the following	152304
apply:	152305

(1) Medicaid covers the ICF/IID services.

152306

(2) The ICF/IID services are provided to a Medicaid recipient	152307
to whom both of the following apply:	152308

(a) The Medicaid recipient is eligible for the ICF/IID	152309
services;	152310

(b) The Medicaid recipient does not occupy a bed in the	152311
ICF/IID that used to be included in the Medicaid-certified	152312
capacity of another ICF/IID certified by the Director of Health	152313
before June 1, 2003.	152314

(3) The ICF/IID services are provided by an ICF/IID whose	152315
Medicaid certification by the Director of Health was initiated or	152316
supported by a county board of developmental disabilities.	152317

(4) The provider of the ICF/IID services has a valid Medicaid	152318
provider agreement for the services for the time that the services	152319
are provided.	152320

(C) When required by division (B) of this section to pay the	152321
nonfederal share of a claim, the Director of Developmental	152322
Disabilities shall use the following funds to pay the claim:	152323

(1) Funds available from appropriation item 322501, County	152324
Boards Subsidies, that the Director allocates to the county board	152325
that initiated or supported the Medicaid certification of the	152326
ICF/IID that provided the ICF/IID services for which the claim is	152327
made;	152328

(2) If the amount of funds used pursuant to division (C)(1)	152329
of this section is insufficient to pay the claim in full, an	152330
amount of funds that are needed to make up the difference and	152331
available from amounts the Director allocates to other county	152332
boards from appropriation item 322501, County Boards Subsidies.	152333

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	152334
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	152335

(A) As used in this section:

152336

"Converted facility" means an ICF/IID, or former ICF/IID,	152337
that converted some or all of its beds to providing home and	152338
community-based services under the IO Waiver pursuant to section	152339
5124.60 of the Revised Code.	152340

"Developmental center" and "ICF/IID" have the same meanings	152341
as in section 5124.01 of the Revised Code.	152342

"H.B. 153 increased Medicaid payment rate" means the total	152343
Medicaid payment rate for each fifteen minutes of routine	152344
homemaker/personal care services that was set by Section 263.20.70	152345
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	152346
Am. Sub. H.B. 487 of the 129th General Assembly.	152347

"IO Waiver" means the Medicaid waiver component, as defined	152348
in section 5166.01 of the Revised Code, known as Individual	152349
Options.	152350

"Public hospital" has the same meaning as in section 5122.01	152351
of the Revised Code.	152352

"Regular Medicaid payment rate" means the total Medicaid	152353
payment rate for each fifteen minutes of routine	152354
homemaker/personal care services that are available under the IO	152355
Waiver and to which this section does not apply.	152356

(B) This section applies to routine homemaker/personal care	152357
services to which both of the following apply:	152358

(1) The services are provided to an IO Waiver enrollee to	152359
whom all of the following apply:	152360

(a) The enrollee began to receive the services from the	152361
provider on or after July 1, 2011.	152362

(b) The enrollee resided in a developmental center, converted	152363
facility, or public hospital immediately before enrolling in the	152364
IO Wavier.	152365

(c) The Director of Developmental Disabilities has determined	152366
that the enrollee's special circumstances (including the	152367
enrollee's diagnosis, service needs, or length of stay at the	152368
developmental center, converted facility, or public hospital)	152369
warrants paying the Medicaid payment rate authorized by this	152370
section.	152371

(2) The provider of the services has a valid Medicaid	152372
provider agreement for the services for the period during which	152373
the enrollee receives the services from the provider.	152374

(C) The total Medicaid payment rate for each fifteen minutes	152375
of routine homemaker/personal care services to which this section	152376
applies and that are provided during the period beginning July 1,	152377
2013, and ending June 30, 2015, shall be the greater of the	152378
following:	152379

(1) The H.B. 153 increased Medicaid payment rate;

152380

(2) The regular Medicaid payment rate in effect at the time	152381
the services are provided.	152382

(D) Of the foregoing appropriation items 653407, Medicaid	152383
Services, and 653639, Medicaid Waiver Services, portions shall be	152384
used to pay the Medicaid payment rates determined in accordance	152385
with this section for certain homemaker/personal care services	152386
under the IO Waiver.	152387

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

152388

As used in this section, "authorizing statute" means a	152389
Revised Code section or provision of a Revised Code section that	152390
is cited in the Ohio Administrative Code as the statute that	152391
authorizes the adoption of a rule.	152392

The Director of Developmental Disabilities is not required to	152393
amend any rule for the sole purpose of updating the citation in	152394
the Ohio Administrative Code to the rule's authorizing statute to	152395
reflect that this act renumbers the authorizing statute or	152396
relocates it to another Revised Code section. Such citations shall	152397
be updated as the Director amends the rules for other purposes.	152398

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

152399

This act repeals section 5111.236 of the Revised Code to	152400
carry out the intent of the Governor as indicated in the veto	152401
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	152402
transmitted to the Clerk of the House of Representatives on July	152403
17, 2009. The actual veto removed the section from the title and	152404
enacting clause of H.B. 1 and an earmark related to the section.	152405
However, the actual veto inadvertently showed only division (C) of	152406
the section, rather than the entire section, as being vetoed.	152407

Section 261.10. OBD OHIO BOARD OF DIETETICS

152408

General Services Fund Group	152409

4K90	860609	Operating Expenses	$	330,592	$	342,592	152410
TOTAL GSF General Services Fund							152411
Group			$	330,592	$	342,592	152412
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	152413

Section 263.10. EDU DEPARTMENT OF EDUCATION

152415

General Revenue Fund	152416

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	152417
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	152418
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	152419
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	152420
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	152421
GRF	200424	Policy Analysis	$	328,558	$	328,558	152422
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	152423
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	152424
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	152425
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	152426
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	152427
GRF	200442	Child Care Licensing	$	827,140	$	827,140	152428
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	152429
GRF	200447	GED Testing	$	879,551	$	879,551	152430
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	152431
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	152432
GRF	200464	General Technology Operations	$	192,097	$	192,097	152433
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	152434
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	152435
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	152436
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	152437
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	152438
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	152439
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	152440
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	152441
GRF	200566	Literacy Improvement	$	150,000	$	150,000	152442
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	152443
TOTAL GRF General Revenue Fund			$	7,985,459,657	$	8,425,307,295	152444

General Services Fund Group	152445

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	152446
4520	200638	Fees and Refunds	$	500,000	$	500,000	152447
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	152448
5960	200656	Ohio Career Information System	$	529,761	$	529,761	152449
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	152450
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	152451
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	152452
TOTAL GSF General Services							152453
Fund Group			$	41,764,032	$	47,108,544	152454

Federal Special Revenue Fund Group	152455

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	152456
3670	200607	School Food Services	$	8,200,664	$	8,700,149	152457
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	152458
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	152459
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	152460
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	152461
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	152462
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	152463
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	152464
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	152465
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	152466
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	152467
3EK0	200637	Advanced Placement	$	450,000	$	450,000	152468
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	152469
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	152470
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	152471
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	152472
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	152473
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	152474
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	152475
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	152476
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	152477
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	152478
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	152479
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	152480
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	152481
3T40	200613	Public Charter Schools	$	500,000	$	0	152482
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	152483
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	152484
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	152485
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	152486
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	152487
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	152488
TOTAL FED Federal Special							152489
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	152490

State Special Revenue Fund Group	152491

4540	200610	GED Testing	$	1,050,000	$	250,000	152492
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	152493
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	152494
4V70	200633	Interagency Program Support	$	717,725	$	717,725	152495
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	152496
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	152497
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	152498
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	152499
5U20	200685	National Education Statistics	$	300,000	$	300,000	152500
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	152501
TOTAL SSR State Special Revenue							152502
Fund Group			$	53,996,635	$	54,149,635	152503

Lottery Profits Education Fund Group	152504

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	152505
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	152506
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	152507
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	152508
TOTAL LPE Lottery Profits							152509
Education Fund Group			$	891,000,000	$	1,024,500,000	152510

Revenue Distribution Fund Group	152511

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	152512
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	152513
TOTAL RDF Revenue Distribution							152514
Fund Group			$	510,000,000	$	510,000,000	152515
TOTAL ALL BUDGET FUND GROUPS			$	11,520,265,322	$	12,038,468,929	152516

Section 263.20. OPERATING EXPENSES

152518

A portion of the foregoing appropriation item 200321,	152519
Operating Expenses, shall be used by the Department of Education	152520
to provide matching funds under 20 U.S.C. 2321.	152521

EARLY CHILDHOOD EDUCATION

152522

Of the foregoing appropriation item 200408, Early Childhood	152523
Education, up to $50,000 in each fiscal year shall be used to	152524
support the operations of the "Ready, Set, Go...to Kindergarten"	152525
Program at the Horizon Education Center in Lorain County. The	152526
effectiveness of the program shall be evaluated and reported to	152527
the Department of Education in a study that includes statistics on	152528
program participants' scores for the "Get It, Got It, Go!"	152529
assessment and the kindergarten readiness assessment.	152530

The Department of Education shall distribute the remainder of	152531
the foregoing appropriation item 200408, Early Childhood	152532
Education, to pay the costs of early childhood education programs.	152533
The Department shall distribute such funds directly to qualifying	152534
providers.	152535

(A) As used in this section:

152536

(1) "Provider" means a city, local, exempted village, or	152537
joint vocational school district; an educational service center; a	152538
community school; a chartered nonpublic school; an early childhood	152539
education child care provider licensed under Chapter 5104. of the	152540
Revised Code that participates in and meets at least the third	152541
highest tier of the tiered quality rating and improvement system	152542
described in section 5104.30 of the Revised Code; or a combination	152543
of entities described in this paragraph.	152544

(2) In the case of a city, local, or exempted village school	152545
district or early childhood education child care provider licensed	152546
under Chapter 5104. of the Revised Code, "new eligible provider"	152547
means a provider that did not receive state funding for Early	152548
Childhood Education in the previous fiscal year or demonstrates a	152549
need for early childhood programs as defined in division (D) of	152550
this section.	152551

(3) "Eligible child" means a child who is at least three	152552
years of age as of the district entry date for kindergarten, is	152553
not of the age to be eligible for kindergarten, and whose family	152554
earns not more than two hundred per cent of the federal poverty	152555
guidelines as defined in division (A)(3) of section 5101.46 of the	152556
Revised Code. Children with an Individualized Education Program	152557
and where the Early Childhood Education program is the least	152558
restrictive environment may be enrolled on their third birthday.	152559

(4) "Early learning program standards" means early learning	152560
program standards for school readiness developed by the Department	152561
to assess the operation of early learning programs.	152562

(B) In each fiscal year, up to two per cent of the total	152563
appropriation may be used by the Department for program support	152564
and technical assistance. The Department shall distribute the	152565
remainder of the appropriation in each fiscal year to serve	152566
eligible children.	152567

(C) The Department shall provide an annual report to the	152568
Governor, the Speaker of the House of Representatives, and the	152569
President of the Senate and post the report to the Department's	152570
web site, regarding early childhood education programs operated	152571
under this section and the early learning program standards.	152572

(D) After setting aside the amounts to make payments due from	152573
the previous fiscal year, in fiscal year 2014, the Department	152574
shall distribute funds first to recipients of funds for early	152575
childhood education programs under Section 267.10.10 of Am. Sub.	152576
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	152577
H.B. 487 of the 129th General Assembly, in the previous fiscal	152578
year and the balance to new eligible providers of early childhood	152579
education programs under this section or to existing providers to	152580
serve more eligible children or for purposes of program expansion,	152581
improvement, or special projects to promote quality and	152582
innovation.	152583

After setting aside the amounts to make payments due from the	152584
previous fiscal year, in fiscal year 2015, the Department shall	152585
distribute funds first to providers of early childhood education	152586
programs under this section in the previous fiscal year and the	152587
balance to new eligible providers or to existing providers to	152588
serve more eligible children as outlined under division (E) of	152589
this section or for purposes of program expansion, improvement, or	152590
special projects to promote quality and innovation.	152591

(E) The Department shall distribute any new or remaining	152592
funding to existing providers of early childhood education	152593
programs or any new eligible providers in an effort to invest in	152594
high quality early childhood programs where there is a need as	152595
determined by the Department. The Department shall distribute the	152596
new or remaining funds to existing providers of early childhood	152597
education programs or any new eligible providers to serve	152598
additional eligible children based on community economic	152599
disadvantage, limited access to high quality preschool or	152600
childcare services, and demonstration of high quality preschool	152601
services as determined by the Department using new metrics	152602
developed pursuant to Ohio's Race to the Top—Early Learning	152603
Challenge Grant, awarded to the Department in December 2011.	152604

Awards under divisions (D) and (E) of this section shall be	152605
distributed on a per-pupil basis, and in accordance with division	152606
(I) of this section. The Department may adjust the per-pupil	152607
amount so that the per-pupil amount multiplied by the number of	152608
eligible children enrolled and receiving services on the first day	152609
of December or the business day closest to that date equals the	152610
amount allocated under this section.	152611

(F) Costs for developing and administering an early childhood	152612
education program may not exceed fifteen per cent of the total	152613
approved costs of the program.	152614

All providers shall maintain such fiscal control and	152615
accounting procedures as may be necessary to ensure the	152616
disbursement of, and accounting for, these funds. The control of	152617
funds provided in this program, and title to property obtained,	152618
shall be under the authority of the approved provider for purposes	152619
provided in the program unless, as described in division (K) of	152620
this section, the program waives its right for funding or a	152621
program's funding is eliminated or reduced due to its inability to	152622
meet financial or early learning program standards. The approved	152623
provider shall administer and use such property and funds for the	152624
purposes specified.	152625

(G) The Department may examine a provider's financial and	152626
program records. If the financial practices of the program are not	152627
in accordance with standard accounting principles or do not meet	152628
financial standards outlined under division (F) of this section,	152629
or if the program fails to substantially meet the early learning	152630
program standards, meet a quality rating level in the tiered	152631
quality rating and improvement system developed under section	152632
5104.30 of the Revised Code as prescribed by the Department, or	152633
exhibits below average performance as measured against the	152634
standards, the early childhood education program shall propose and	152635
implement a corrective action plan that has been approved by the	152636
Department. The approved corrective action plan shall be signed by	152637
the chief executive officer and the executive of the official	152638
governing body of the provider. The corrective action plan shall	152639
include a schedule for monitoring by the Department. Such	152640
monitoring may include monthly reports, inspections, a timeline	152641
for correction of deficiencies, and technical assistance to be	152642
provided by the Department or obtained by the early childhood	152643
education program. The Department may withhold funding pending	152644
corrective action. If an early childhood education program fails	152645
to satisfactorily complete a corrective action plan, the	152646
Department may deny expansion funding to the program or withdraw	152647
all or part of the funding to the program and establish a new	152648
eligible provider through a selection process established by the	152649
Department.	152650

(H)(1) If the early childhood education program is licensed	152651
by the Department of Education and is not highly rated, as	152652
determined by the Director of Job and Family Services, under the	152653
tiered quality rating and improvement system described in section	152654
5104.30 of the Revised Code, the program shall do all of the	152655
following:	152656

(a) Meet teacher qualification requirements prescribed by	152657
section 3301.311 of the Revised Code;	152658

(b) Align curriculum to the early learning content standards	152659
developed by the Department;	152660

(c) Meet any child or program assessment requirements	152661
prescribed by the Department;	152662

(d) Require teachers, except teachers enrolled and working to	152663
obtain a degree pursuant to section 3301.311 of the Revised Code,	152664
to attend a minimum of twenty hours every two years of	152665
professional development as prescribed by the Department;	152666

(e) Document and report child progress as prescribed by the	152667
Department;	152668

(f) Meet and report compliance with the early learning	152669
program standards as prescribed by the Department;	152670

(g) Participate in the tiered quality rating and improvement	152671
system developed under section 5104.30 of the Revised Code.	152672
Effective July 1, 2016, all programs shall be rated through the	152673
system.	152674

(2) If the program is highly rated, as determined by the	152675
Director of Job and Family Services, under the tiered quality	152676
rating and improvement system developed under section 5104.30 of	152677
the Revised Code, the program shall comply with the requirements	152678
of that system.	152679

(I) Per-pupil funding for programs subject to this section	152680
shall be sufficient to provide eligible children with services for	152681
a standard early childhood schedule which shall be defined in this	152682
section as a minimum of twelve and one-half hours per school week	152683
as defined in section 3313.62 of the Revised Code for the minimum	152684
school year as defined in sections 3313.48, 3313.481, and 3313.482	152685
of the Revised Code. Nothing in this section shall be construed to	152686
prohibit program providers from utilizing other funds to serve	152687
eligible children in programs that exceed the twelve and one-half	152688
hours per week or that exceed the minimum school year. For any	152689
provider for which a standard early childhood education schedule	152690
creates a hardship or for which the provider shows evidence that	152691
the provider is working in collaboration with a preschool special	152692
education program, the provider may submit a waiver to the	152693
Department requesting an alternate schedule. If the Department	152694
approves a waiver for an alternate schedule that provides services	152695
for less time than the standard early childhood education	152696
schedule, the Department may reduce the provider's annual	152697
allocation proportionately. Under no circumstances shall an annual	152698
allocation be increased because of the approval of an alternate	152699
schedule.	152700

(J) Each provider shall develop a sliding fee scale based on	152701
family incomes and shall charge families who earn more than two	152702
hundred per cent of the federal poverty guidelines, as defined in	152703
division (A)(3) of section 5101.46 of the Revised Code, for the	152704
early childhood education program.	152705

The Department shall conduct an annual survey of each	152706
provider to determine whether the provider charges families	152707
tuition or fees, the amount families are charged relative to	152708
family income levels, and the number of families and students	152709
charged tuition and fees for the early childhood program.	152710

(K) If an early childhood education program voluntarily	152711
waives its right for funding, or has its funding eliminated for	152712
not meeting financial standards or the early learning program	152713
standards, the provider shall transfer control of title to	152714
property, equipment, and remaining supplies obtained through the	152715
program to providers designated by the Department and return any	152716
unexpended funds to the Department along with any reports	152717
prescribed by the Department. The funding made available from a	152718
program that waives its right for funding or has its funding	152719
eliminated or reduced may be used by the Department for new grant	152720
awards or expansion grants. The Department may award new grants or	152721
expansion grants to eligible providers who apply. The eligible	152722
providers who apply must do so in accordance with the selection	152723
process established by the Department.	152724

(L) Eligible expenditures for the Early Childhood Education	152725
Program shall be claimed each fiscal year to help meet the state's	152726
TANF maintenance of effort requirement. The Superintendent of	152727
Public Instruction and the Director of Job and Family Services	152728
shall enter into an interagency agreement to carry out the	152729
requirements under this division, which shall include developing	152730
reporting guidelines for these expenditures.	152731

(M) The Early Childhood Advisory Council established under	152732
section 3301.90 of the Revised Code shall provide, by October 1,	152733
2013, recommendations including, but not limited to, the	152734
administration, implementation, and distribution of funding for an	152735
early childhood voucher program, to the Superintendent of Public	152736
Instruction, the Governor's Office of 21st Century Education, the	152737
Speaker of the House of Representatives, the President of the	152738
Senate, and the chairpersons of the standing committees of the	152739
House of Representatives and the Senate that deal primarily with	152740
issues of education.	152741

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	152742
SUPPORT	152743

The foregoing appropriation item 200420, Information	152744
Technology Development and Support, shall be used to support the	152745
development and implementation of information technology solutions	152746
designed to improve the performance and services of the Department	152747
of Education. Funds may be used for personnel, maintenance, and	152748
equipment costs related to the development and implementation of	152749
these technical system projects. Implementation of these systems	152750
shall allow the Department to provide greater levels of assistance	152751
to school districts and to provide more timely information to the	152752
public, including school districts, administrators, and	152753
legislators. Funds may also be used to support data-driven	152754
decision-making and differentiated instruction, as well as to	152755
communicate academic content standards and curriculum models to	152756
schools through web-based applications.	152757

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

152758

The foregoing appropriation item 200421, Alternative	152759
Education Programs, shall be used for the renewal of successful	152760
implementation grants and for competitive matching grants to	152761
school districts for alternative educational programs for existing	152762
and new at-risk and delinquent youth. Programs shall be focused on	152763
youth in one or more of the following categories: those who have	152764
been expelled or suspended, those who have dropped out of school	152765
or who are at risk of dropping out of school, those who are	152766
habitually truant or disruptive, or those on probation or on	152767
parole from a Department of Youth Services facility. Grants shall	152768
be awarded only to programs in which the grant will not serve as	152769
the program's primary source of funding. These grants shall be	152770
administered by the Department of Education.	152771

The Department of Education may waive compliance with any	152772
minimum education standard established under section 3301.07 of	152773
the Revised Code for any alternative school that receives a grant	152774
under this section on the grounds that the waiver will enable the	152775
program to more effectively educate students enrolled in the	152776
alternative school.	152777

Of the foregoing appropriation item 200421, Alternative	152778
Education Programs, a portion may be used for program	152779
administration, monitoring, technical assistance, support,	152780
research, and evaluation.	152781

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

152782

Of the foregoing appropriation item 200422, School Management	152783
Assistance, $1,000,000 in each fiscal year shall be used by the	152784
Auditor of State in consultation with the Department of Education	152785
for expenses incurred in the Auditor of State's role relating to	152786
fiscal caution, fiscal watch, and fiscal emergency activities as	152787
defined in Chapter 3316. of the Revised Code, unless an amount	152788
less than $1,000,000 is needed and mutually agreed to by the	152789
Department and the Auditor of State. This set-aside may also be	152790
used by the Auditor of State to conduct performance audits of	152791
other school districts with priority given to districts in fiscal	152792
distress. Districts in fiscal distress shall be determined by the	152793
Auditor of State and shall include districts that the Auditor of	152794
State, in consultation with the Department of Education,	152795
determines are employing fiscal practices or experiencing	152796
budgetary conditions that could produce a state of fiscal watch or	152797
fiscal emergency.	152798

The remainder of appropriation item 200422, School Management	152799
Assistance, shall be used by the Department of Education to	152800
provide fiscal technical assistance and inservice education for	152801
school district management personnel and to administer, monitor,	152802
and implement the fiscal caution, fiscal watch, and fiscal	152803
emergency provisions under Chapter 3316. of the Revised Code.	152804

Section 263.60. POLICY ANALYSIS

152805

The foregoing appropriation item 200424, Policy Analysis,	152806
shall be used by the Department of Education to support a system	152807
of administrative, statistical, and legislative education	152808
information to be used for policy analysis. Staff supported by	152809
this appropriation shall administer the development of reports,	152810
analyses, and briefings to inform education policymakers of	152811
current trends in education practice, efficient and effective use	152812
of resources, and evaluation of programs to improve education	152813
results. The database shall be kept current at all times. These	152814
research efforts shall be used to supply information and analysis	152815
of data to the General Assembly and other state policymakers,	152816
including the Office of Budget and Management, the Governor's	152817
Office of 21st Century Education, and the Legislative Service	152818
Commission.	152819

The Department of Education may use funding from this	152820
appropriation item to purchase or contract for the development of	152821
software systems or contract for policy studies that will assist	152822
in the provision and analysis of policy-related information.	152823
Funding from this appropriation item also may be used to monitor	152824
and enhance quality assurance for research-based policy analysis	152825
and program evaluation to enhance the effective use of education	152826
information to inform education policymakers.	152827

TECH PREP CONSORTIA SUPPORT

152828

The foregoing appropriation item 200425, Tech Prep Consortia	152829
Support, shall be used by the Department of Education to support	152830
state-level activities designed to support, promote, and expand	152831
tech prep programs. Use of these funds shall include, but not be	152832
limited to, administration of grants, program evaluation,	152833
professional development, curriculum development, assessment	152834
development, program promotion, communications, and statewide	152835
coordination of tech prep consortia.	152836

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

152837

The foregoing appropriation item 200426, Ohio Educational	152838
Computer Network, shall be used by the Department of Education to	152839
maintain a system of information technology throughout Ohio and to	152840
provide technical assistance for such a system in support of the	152841
P-16 State Education Technology Plan developed under section	152842
3353.09 of the Revised Code.	152843

Of the foregoing appropriation item 200426, Ohio Educational	152844
Computer Network, up to $10,705,569 in each fiscal year shall be	152845
used by the Department of Education to support connection of all	152846
public school buildings and participating chartered nonpublic	152847
schools to the state's education network, to each other, and to	152848
the Internet. In each fiscal year the Department of Education	152849
shall use these funds to assist information technology centers or	152850
school districts with the operational costs associated with this	152851
connectivity. The Department of Education shall develop a formula	152852
and guidelines for the distribution of these funds to information	152853
technology centers or individual school districts. As used in this	152854
section, "public school building" means a school building of any	152855
city, local, exempted village, or joint vocational school	152856
district, any community school established under Chapter 3314. of	152857
the Revised Code, any college preparatory boarding school	152858
established under Chapter 3328. of the Revised Code, any STEM	152859
school established under Chapter 3326. of the Revised Code, any	152860
educational service center building used for instructional	152861
purposes, the Ohio School for the Deaf and the Ohio School for the	152862
Blind, high schools chartered by the Ohio Department of Youth	152863
Services, or high schools operated by Ohio Department of	152864
Rehabilitation and Corrections' Ohio Central School System.	152865

Of the foregoing appropriation item 200426, Ohio Educational	152866
Computer Network, up to $2,500,000 in each fiscal year shall be	152867
used for the Union Catalog and InfOhio Network and to support the	152868
provision of electronic resources with priority given to resources	152869
that support the teaching of state academic content standards in	152870
all public schools. Consideration shall be given by the Department	152871
of Education to coordinating the allocation of these moneys with	152872
the efforts of Libraries Connect Ohio, whose members include	152873
OhioLINK, the Ohio Public Information Network, and the State	152874
Library of Ohio.	152875

Of the foregoing appropriation item 200426, Ohio Educational	152876
Computer Network, up to $5,220,000 in each fiscal year shall be	152877
used, through a formula and guidelines devised by the Department,	152878
to subsidize the activities of designated information technology	152879
centers, as defined by State Board of Education rules, to provide	152880
school districts and chartered nonpublic schools with	152881
computer-based student and teacher instructional and	152882
administrative information services, including approved	152883
computerized financial accounting, and to ensure the effective	152884
operation of local automated administrative and instructional	152885
systems.	152886

Of the foregoing appropriation item 200426, Ohio Educational	152887
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	152888
used for middle mile connections for the information technology	152889
centers established under section 3301.075 of the Revised Code and	152890
select large urban districts to connect to the state broadband	152891
backbone managed by the Ohio Technology Consortium and for other	152892
connectivity upgrades necessary for K-12 school buildings with	152893
severely restricted broadband connections. The Department of	152894
Education shall develop an expenditure plan to facilitate	152895
instructional technology/blended learning initiatives. The State	152896
Chief Information Officer and the Education Technology Division of	152897
the Ohio Board of Regents shall review the plan to ensure it	152898
coincides with State of Ohio and higher education network	152899
strategies and shall either approve or reject the plan. If the	152900
plan is rejected, the State Chief Information Officer and the	152901
Education Technology Division of the Ohio Board of Regents shall	152902
identify deficiencies in the plan and work with the Department to	152903
complete an acceptable plan. "Select large urban districts" are	152904
those districts that connect to the state broadband backbone	152905
directly rather than through an information technology center. At	152906
the request of the Superintendent of Public Instruction, the	152907
Director of Budget and Management may authorize the expenditure in	152908
fiscal year 2015 of any unexpended and unencumbered portion of	152909
this set-aside at the end of fiscal year 2014. The authorized	152910
expenditure is hereby reappropriated to the Department for the	152911
same purpose for fiscal year 2015.	152912

The remainder of appropriation item 200426, Ohio Educational	152913
Computer Network, shall be used to support the work of the	152914
development, maintenance, and operation of a network of uniform	152915
and compatible computer-based information and instructional	152916
systems as well as the teacher student linkage/roster verification	152917
process and the eTranscript/student records exchange initiative.	152918
This technical assistance shall include, but not be restricted to,	152919
development and maintenance of adequate computer software systems	152920
to support network activities. In order to improve the efficiency	152921
of network activities, the Department and information technology	152922
centers may jointly purchase equipment, materials, and services	152923
from funds provided under this appropriation for use by the	152924
network and, when considered practical by the Department, may	152925
utilize the services of appropriate state purchasing agencies.	152926

Section 263.80. ACADEMIC STANDARDS

152927

The foregoing appropriation item 200427, Academic Standards,	152928
shall be used by the Department of Education to develop, revise,	152929
and communicate to school districts academic content standards and	152930
curriculum models and to develop professional development programs	152931
and other tools on the new content standards and model curriculum.	152932

Section 263.90. STUDENT ASSESSMENT

152933

Of the foregoing appropriation item 200437, Student	152934
Assessment, up to $95,000 in each fiscal year may be used to	152935
support the assessments required under section 3301.0715 of the	152936
Revised Code.	152937

The remainder of appropriation item 200437, Student	152938
Assessment, shall be used to develop, field test, print,	152939
distribute, score, report results, and support other associated	152940
costs for the tests required under sections 3301.0710, 3301.0711,	152941
and 3301.0712 of the Revised Code and for similar purposes as	152942
required by section 3301.27 of the Revised Code. The funds may	152943
also be used to update and develop diagnostic assessments required	152944
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	152945
Code.	152946

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	152947
ASSESSMENT	152948

In fiscal year 2014 and fiscal year 2015, if the	152949
Superintendent of Public Instruction determines that additional	152950
funds are needed to fully fund the requirements of sections	152951
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	152952
and this act for assessments of student performance, the	152953
Superintendent of Public Instruction may recommend the	152954
reallocation of unexpended and unencumbered General Revenue Fund	152955
appropriations within the Department of Education to appropriation	152956
item 200437, Student Assessment, to the Director of Budget and	152957
Management. If the Director of Budget and Management determines	152958
that such a reallocation is required, the Director of Budget and	152959
Management may transfer unexpended and unencumbered appropriations	152960
within the Department of Education as necessary to appropriation	152961
item 200437, Student Assessment. If these transferred	152962
appropriations are not sufficient to fully fund the assessment	152963
requirements in fiscal year 2014 or fiscal year 2015, the	152964
Superintendent of Public Instruction may request that the	152965
Controlling Board transfer up to $9,000,000 cash from the Lottery	152966
Profits Education Reserve Fund (Fund 7018) to the General Revenue	152967
Fund. Upon approval of the Controlling Board, the Director of	152968
Budget and Management shall transfer the cash. These transferred	152969
funds are hereby appropriated for the same purpose as	152970
appropriation item 200437, Student Assessment.	152971

Section 263.100. Notwithstanding anything to the contrary in	152972
sections 3301.0710 and 3301.0711 of the Revised Code, in the	152973
2013-2014 school year, the Department of Education shall not	152974
furnish, and school districts and schools shall not administer,	152975
the elementary writing and social studies achievement assessments	152976
prescribed by section 3301.0710 of the Revised Code, unless the	152977
Superintendent of Public Instruction determines the Department has	152978
sufficient funds to pay the costs of furnishing and scoring those	152979
assessments.	152980

Section 263.110. ACCOUNTABILITY/REPORT CARDS

152981

Of the foregoing appropriation item 200439,	152982
Accountability/Report Cards, a portion in each fiscal year may be	152983
used to train district and regional specialists and district	152984
educators in the use of the value-added progress dimension and in	152985
the use of data as it relates to improving student achievement.	152986
This training may include teacher and administrator professional	152987
development in the use of data to improve instruction and student	152988
learning, and teacher and administrator training in understanding	152989
teacher value-added reports and how they can be used as a	152990
component in measuring teacher and administrator effectiveness. A	152991
portion of this funding may be provided to a credible nonprofit	152992
organization with expertise in value-added progress dimensions.	152993

The remainder of appropriation item 200439,	152994
Accountability/Report Cards, shall be used by the Department to	152995
incorporate a statewide value-added progress dimension into	152996
performance ratings for school districts and for the development	152997
of an accountability system that includes the preparation and	152998
distribution of school report cards, funding and expenditure	152999
accountability reports under sections 3302.03 and 3302.031 of the	153000
Revised Code, and the development and maintenance of teacher	153001
value-added reports.	153002

CHILD CARE LICENSING

153003

The foregoing appropriation item 200442, Child Care	153004
Licensing, shall be used by the Department of Education to license	153005
and to inspect preschool and school-age child care programs under	153006
sections 3301.52 to 3301.59 of the Revised Code.	153007

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

153008

The foregoing appropriation item 200446, Education Management	153009
Information System, shall be used by the Department of Education	153010
to improve the Education Management Information System (EMIS).	153011

Of the foregoing appropriation item 200446, Education	153012
Management Information System, up to $729,000 in each fiscal year	153013
shall be distributed to designated information technology centers	153014
for costs relating to processing, storing, and transferring data	153015
for the effective operation of the EMIS. These costs may include,	153016
but are not limited to, personnel, hardware, software development,	153017
communications connectivity, professional development, and support	153018
services, and to provide services to participate in the State	153019
Education Technology Plan developed under section 3353.09 of the	153020
Revised Code.	153021

The remainder of appropriation item 200446, Education	153022
Management Information System, shall be used to develop and	153023
support a common core of data definitions and standards as adopted	153024
by the Education Management Information System Advisory Board,	153025
including the ongoing development and maintenance of the data	153026
dictionary and data warehouse. In addition, such funds shall be	153027
used to support the development and implementation of data	153028
standards; the design, development, and implementation of a new	153029
data exchange system; and responsibilities related to the school	153030
report cards prescribed by section 3302.03 of the Revised Code and	153031
value-added progress dimension calculations.	153032

Any provider of software meeting the standards approved by	153033
the Education Management Information System Advisory Board shall	153034
be designated as an approved vendor and may enter into contracts	153035
with local school districts, community schools, STEMS schools,	153036
information technology centers, or other educational entities for	153037
the purpose of collecting and managing data required under Ohio's	153038
education management information system (EMIS) laws. On an annual	153039
basis, the Department of Education shall convene an advisory group	153040
of school districts, community schools, and other	153041
education-related entities to review the Education Management	153042
Information System data definitions and data format standards. The	153043
advisory group shall recommend changes and enhancements based upon	153044
surveys of its members, education agencies in other states, and	153045
current industry practices, to reflect best practices, align with	153046
federal initiatives, and meet the needs of school districts.	153047

School districts, STEM schools, and community schools not	153048
implementing a common and uniform set of data definitions and data	153049
format standards for Education Management Information System	153050
purposes shall have all EMIS funding withheld until they are in	153051
compliance.	153052

Section 263.130. GED TESTING

153053

The foregoing appropriation item 200447, GED Testing, shall	153054
be used to provide General Educational Development (GED) testing	153055
under rules adopted by the State Board of Education.	153056

Section 263.140. EDUCATOR PREPARATION

153057

Of the foregoing appropriation item 200448, Educator	153058
Preparation, up to $500,000 in each fiscal year may be used by the	153059
Department of Education to monitor and support Ohio's State System	153060
of Support in accordance with the "No Child Left Behind Act of	153061
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	153062
and Secondary Education Act flexibility waivers approved for Ohio	153063
by the United States Department of Education.	153064

Of the foregoing appropriation item 200448, Educator	153065
Preparation, up to $100,000 in each fiscal year may be used by the	153066
Department to support the Educator Standards Board under section	153067
3319.61 of the Revised Code and reforms under sections 3302.042,	153068
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	153069
3319.58 of the Revised Code.	153070

The remainder of the foregoing appropriation item 200448,	153071
Educator Preparation, in fiscal year 2015 may be used for	153072
implementation of teacher and principal evaluation systems,	153073
including incorporation of student growth as a metric in those	153074
systems, and teacher value-added reports.	153075

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

153076

The foregoing appropriation item 200455, Community Schools	153077
and Choice Programs, may be used by the Department of Education	153078
for additional services and responsibilities under section 3314.11	153079
of the Revised Code and for operation of the school choice	153080
programs.	153081

Of the foregoing appropriation item 200455, Community Schools	153082
and Choice Programs, a portion in each fiscal year may be used by	153083
the Department of Education for developing and conducting training	153084
sessions for community schools and sponsors and prospective	153085
sponsors of community schools as prescribed in division (A)(1) of	153086
section 3314.015 of the Revised Code, and other schools	153087
participating in school choice programs.	153088

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	153089
DEVELOPMENT	153090

The foregoing appropriation item 200465, Technology	153091
Integration and Professional Development, shall be used by the	153092
Department of Education to contract with educational television	153093
stations and education technology centers to provide Ohio public	153094
schools with instructional resources and services, with priority	153095
given to resources and services aligned with state academic	153096
content standards. Such resources and services shall be based upon	153097
the advice and approval of the Department, based on a formula used	153098
by the former eTech Ohio Commission unless and until a substitute	153099
formula is developed in consultation with the Ohio Board of	153100
Regents.	153101

Section 263.170. PUPIL TRANSPORTATION

153102

Of the foregoing appropriation item 200502, Pupil	153103
Transportation, up to $838,930 in each fiscal year may be used by	153104
the Department of Education for training prospective and	153105
experienced school bus drivers in accordance with training	153106
programs prescribed by the Department. Up to $60,469,220 in each	153107
fiscal year may be used by the Department of Education for special	153108
education transportation reimbursements to school districts and	153109
county DD boards for transportation operating costs as provided in	153110
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	153111
to $5,000,000 in fiscal year 2014 and up to $2,500,000 in fiscal	153112
year 2015 may be used by the Department of Education to reimburse	153113
school districts that make payments to parents in lieu of	153114
transportation under section 3327.02 of the Revised Code and whose	153115
transportation is not funded under division (C) of section	153116
3317.024 of the Revised Code.	153117

Of the foregoing appropriation item 200502, Pupil	153118
Transportation, up to $25,300,000 in fiscal year 2014 and up to	153119
$23,100,000 in fiscal year 2015 shall be used for additional	153120
transportation aid for school districts as provided by division	153121
(G)(2) of section 3317.0212 of the Revised Code, as amended by	153122
this act. The Department shall pay each school district a pro rata	153123
portion of the amounts calculated so that the amount appropriated	153124
is not exceeded.	153125

Of the foregoing appropriation item 200502, Pupil	153126
Transportation, $413,385,915 in fiscal year 2014 and $434,055,210	153127
in fiscal year 2015 shall be used to distribute the amounts	153128
calculated for transportation aid under division (G)(1) of section	153129
3317.0212 of the Revised Code, as amended by this act.	153130

Section 263.180. SCHOOL LUNCH MATCH

153131

The foregoing appropriation item 200505, School Lunch Match,	153132
shall be used to provide matching funds to obtain federal funds	153133
for the school lunch program.	153134

Any remaining appropriation after providing matching funds	153135
for the school lunch program may be used to partially reimburse	153136
school buildings within school districts that are required to have	153137
a school breakfast program under section 3313.813 of the Revised	153138
Code, at a rate decided by the Department.	153139

Section 263.190. AUXILIARY SERVICES

153140

The foregoing appropriation item 200511, Auxiliary Services,	153141
shall be used by the Department of Education for the purpose of	153142
implementing section 3317.06 of the Revised Code. Of the	153143
appropriation, up to $1,888,106 in fiscal year 2014 and up to	153144
$1,944,949 in fiscal year 2015 may be used for payment of the	153145
Post-Secondary Enrollment Program for nonpublic students, except	153146
that in fiscal year 2014 the Department may spend above the	153147
set-aside to pay for outstanding obligations for the	153148
Post-Secondary Enrollment Options Program in fiscal year 2013.	153149

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

153150

The foregoing appropriation item 200532, Nonpublic	153151
Administrative Cost Reimbursement, shall be used by the Department	153152
of Education for the purpose of implementing section 3317.063 of	153153
the Revised Code.	153154

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

153155

Of the foregoing appropriation item 200540, Special Education	153156
Enhancements, up to $50,000,000 in each fiscal year shall be used	153157
to fund special education and related services at county boards of	153158
developmental disabilities for eligible students under section	153159
3317.20 of the Revised Code and at institutions for eligible	153160
students under section 3317.201 of the Revised Code. If necessary,	153161
the Department shall proportionately reduce the amount calculated	153162
for each county board of developmental disabilities and	153163
institution so as not to exceed the amount appropriated in each	153164
fiscal year.	153165

Of the foregoing appropriation item 200540, Special Education	153166
Enhancements, up to $1,333,468 in each fiscal year shall be used	153167
for parent mentoring programs.	153168

Of the foregoing appropriation item 200540, Special Education	153169
Enhancements, up to $2,537,824 in each fiscal year may be used for	153170
school psychology interns.	153171

The remainder of appropriation item 200540, Special Education	153172
Enhancements, shall be distributed by the Department of Education	153173
to school districts and institutions, as defined in section	153174
3323.091 of the Revised Code, for preschool special education	153175
funding under section 3317.0213 of the Revised Code. If necessary,	153176
the Department shall proportionately reduce the amount calculated	153177
for each school district and institution so as not to exceed the	153178
amount appropriated in each fiscal year.	153179

The Department may reimburse school districts and	153180
institutions for services provided by instructional assistants,	153181
related services as defined in rule 3301-51-11 of the	153182
Administrative Code, physical therapy services provided by a	153183
licensed physical therapist or physical therapist assistant under	153184
the supervision of a licensed physical therapist as required under	153185
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	153186
Administrative Code and occupational therapy services provided by	153187
a licensed occupational therapist or occupational therapy	153188
assistant under the supervision of a licensed occupational	153189
therapist as required under Chapter 4755. of the Revised Code and	153190
Chapter 4755-7 of the Administrative Code. Nothing in this section	153191
authorizes occupational therapy assistants or physical therapist	153192
assistants to generate or manage their own caseloads.	153193

The Department of Education shall require school districts,	153194
educational service centers, county DD boards, and institutions	153195
serving preschool children with disabilities to adhere to Ohio's	153196
early learning program standards, participate in the tiered	153197
quality rating and improvement system developed under section	153198
5104.30 of the Revised Code, and document child progress using	153199
research-based indicators prescribed by the Department and report	153200
results annually. The reporting dates and method shall be	153201
determined by the Department. Effective July 1, 2018, all programs	153202
shall be rated through the tiered quality rating and improvement	153203
system.	153204

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

153205

Of the foregoing appropriation item 200545, Career-Technical	153206
Education Enhancements, up to $2,563,568 in each fiscal year shall	153207
be used to fund secondary career-technical education at	153208
institutions using a grant-based methodology, notwithstanding	153209
section 3317.05 of the Revised Code.	153210

Of the foregoing appropriation item 200545, Career-Technical	153211
Education Enhancements, up to $2,838,281 in each fiscal year shall	153212
be used by the Department of Education to fund competitive grants	153213
to tech prep consortia that expand the number of students enrolled	153214
in tech prep programs. These grant funds shall be used to directly	153215
support expanded tech prep programs provided to students enrolled	153216
in school districts, including joint vocational school districts,	153217
and affiliated higher education institutions. This support may	153218
include the purchase of equipment.	153219

Of the foregoing appropriation item 200545, Career-Technical	153220
Education Enhancements, up to $3,100,850 in each fiscal year shall	153221
be used by the Department of Education to support existing High	153222
Schools That Work (HSTW) sites, develop and support new sites,	153223
fund technical assistance, and support regional centers and middle	153224
school programs. The purpose of HSTW is to combine challenging	153225
academic courses and modern career-technical studies to raise the	153226
academic achievement of students. HSTW provides intensive	153227
technical assistance, focused staff development, targeted	153228
assessment services, and ongoing communications and networking	153229
opportunities.	153230

Of the foregoing appropriation item 200545, Career-Technical	153231
Education Enhancements, up to $600,000 in each fiscal year shall	153232
be used by the Department of Education to enable students in	153233
agricultural programs to enroll in a fifth quarter of instruction	153234
based on the agricultural education model of delivering work-based	153235
learning through supervised agricultural experience. The	153236
Department of Education shall determine eligibility criteria and	153237
the reporting process for the Agriculture 5th Quarter Project and	153238
shall fund as many programs as possible given the set aside. The	153239
eligibility criteria developed by the Department shall allow these	153240
funds to support supervised agricultural experience that occurs	153241
anytime outside of the regular school day.	153242

Of the foregoing appropriation item, 200545, Career-Technical	153243
Education Enhancements, up to $162,200 in each fiscal year shall	153244
be distributed to the Cleveland Municipal School District and the	153245
Cincinnati City School District to be used for a VoAg Program in	153246
one at-risk nonvocational school in each district. The amount	153247
distributed to the Cleveland Municipal School District shall be	153248
equal to $78,600 minus the funding allocated to the district under	153249
division (A)(8) of section 3317.022 of the Revised Code for the	153250
students participating in the program. The amount distributed to	153251
the Cincinnati City School District shall be equal to $83,600	153252
minus the funding allocated to the district under section 3317.162	153253
of the Revised Code for the students participating in the program.	153254

Of the foregoing appropriation item 200545, Career-Technical	153255
Education Enhancements, $108,100 in each fiscal year shall be used	153256
to prepare students for careers in culinary arts and restaurant	153257
management under the Ohio ProStart school restaurant program.	153258

Section 263.230. FOUNDATION FUNDING

153259

Of the foregoing appropriation item 200550, Foundation	153260
Funding, up to $675,000 in each fiscal year shall be used to	153261
support the work of the College of Education and Human Ecology at	153262
the Ohio State University in reviewing and assessing the alignment	153263
of courses offered through the distance learning clearinghouse	153264
established in sections 3333.81 to 3333.88 of the Revised Code	153265
with the academic content standards adopted under division (A) of	153266
section 3301.079 of the Revised Code.	153267

Of the foregoing appropriation item 200550, Foundation	153268
Funding, up to $40,000,000 in each fiscal year shall be used to	153269
provide additional state aid to school districts, joint vocational	153270
school districts, community schools, and STEM schools for special	153271
education students under division (C)(3) of section 3314.08,	153272
section 3317.0214, division (B) of section 3317.16, and section	153273
3326.34 of the Revised Code, except that the Controlling Board may	153274
increase these amounts if presented with such a request from the	153275
Department of Education at the final meeting of the fiscal year.	153276

Of the foregoing appropriation item 200550, Foundation	153277
Funding, up to $2,000,000 in each fiscal year shall be reserved	153278
for Youth Services tuition payments under section 3317.024 of the	153279
Revised Code.	153280

Of the foregoing appropriation item 200550, Foundation	153281
Funding, up to $3,800,000 in each fiscal year shall be used to	153282
fund gifted education at educational service centers. The	153283
Department shall distribute the funding through the unit-based	153284
funding methodology in place under division (L) of section	153285
3317.024, division (E) of section 3317.05, and divisions (A), (B),	153286
and (C) of section 3317.053 of the Revised Code as they existed	153287
prior to fiscal year 2010.	153288

Of the foregoing appropriation item 200550, Foundation	153289
Funding, up to $43,500,000 in fiscal year 2014 and up to	153290
$40,000,000 in fiscal year 2015 shall be reserved to fund the	153291
state reimbursement of educational service centers under the	153292
section of this act entitled "EDUCATIONAL SERVICE CENTERS	153293
FUNDING"; and up to $3,500,000 in each fiscal year shall be	153294
distributed to educational service centers for School Improvement	153295
Initiatives and, in consultation with the Governor's Director of	153296
21st Century Education, for the provision of technical assistance	153297
as required by the Elementary and Secondary Education Act	153298
Flexibility waivers approved for Ohio by the United States	153299
Department of Education. Educational service centers shall be	153300
required to support districts in the development and	153301
implementation of their continuous improvement plans as required	153302
in section 3302.04 of the Revised Code and to provide technical	153303
assistance and support in accordance with Title I of the "No Child	153304
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	153305
administered pursuant to the Elementary and Secondary Education	153306
Act Flexibility waivers approved for Ohio by the United States	153307
Department of Education.	153308

Of the foregoing appropriation item 200550, Foundation	153309
Funding, up to $20,000,000 in each fiscal year shall be reserved	153310
for payments under sections 3317.026, 3317.027, and 3317.028 of	153311
the Revised Code. If this amount is not sufficient, the Department	153312
of Education shall prorate the payment amounts so that the	153313
aggregate amount allocated in this paragraph is not exceeded.	153314

Of the foregoing appropriation item 200550, Foundation	153315
Funding, up to $2,000,000 in each fiscal year shall be used to pay	153316
career-technical planning districts for the amounts reimbursed to	153317
students, as prescribed in this paragraph. Each career-technical	153318
planning district shall reimburse individuals taking the online	153319
General Educational Development (GED) test for the first time for	153320
application/test fees in excess of $40. Each career-technical	153321
planning district shall designate a site or sites where	153322
individuals may register and take the exam. For each individual	153323
that registers for the exam, the career-technical planning	153324
district shall make available and offer career counseling	153325
services, including information on adult education programs that	153326
are available.	153327

Of the foregoing appropriation item 200550, Foundation	153328
Funding, up to $410,000 in each fiscal year shall be used to pay	153329
career-technical planning districts $500 for each student that	153330
receives a journeyman certification, as recognized by the United	153331
States Department of Labor.	153332

Of the foregoing appropriation item 200550, Foundation	153333
Funding, up to $18,713,327 in each fiscal year shall be used to	153334
support school choice programs.	153335

Of the portion of the funds distributed to the Cleveland	153336
Municipal School District under this section, up to $11,901,887 in	153337
each fiscal year shall be used to operate the school choice	153338
program in the Cleveland Municipal School District under sections	153339
3313.974 to 3313.979 of the Revised Code. Notwithstanding	153340
divisions (B) and (C) of section 3313.978 and division (C) of	153341
section 3313.979 of the Revised Code, up to $1,000,000 in each	153342
fiscal year of this amount shall be used by the Cleveland	153343
Municipal School District to provide tutorial assistance as	153344
provided in division (H) of section 3313.974 of the Revised Code.	153345
The Cleveland Municipal School District shall report the use of	153346
these funds in the district's three-year continuous improvement	153347
plan as described in section 3302.04 of the Revised Code in a	153348
manner approved by the Department of Education.	153349

Of the foregoing appropriation item 200550, Foundation	153350
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	153351
college-preparatory boarding schools the per pupil boarding amount	153352
pursuant to section 3328.34 of the Revised Code.	153353

Of the foregoing appropriation item 200550, Foundation	153354
Funding, up to $500,000 in each fiscal year shall be used to	153355
support Jobs for Ohio's Graduates.	153356

Of the foregoing appropriation item 200550, Foundation	153357
Funding, up to $250,000 in fiscal year 2015 may be used for	153358
payment of the Post-Secondary Enrollment Options Program for	153359
students instructed at home pursuant to section 3321.04 of the	153360
Revised Code.	153361

Of the foregoing appropriation item 200550, Foundation	153362
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	153363
reimburse school districts for the full amount deducted in that	153364
year under section 3310.55 of the Revised Code for Jon Peterson	153365
Scholarships awarded under sections 3310.51 to 3310.64 of the	153366
Revised Code to students who did not attend a public school in	153367
their resident district in the previous school year. If this	153368
amount is not sufficient, the Department of Education shall	153369
prorate the payment amounts so that the aggregate amount	153370
appropriated in this paragraph is not exceeded.	153371

Of the foregoing appropriation item 200550, Foundation	153372
Funding, an amount shall be available in each fiscal year to be	153373
paid to joint vocational school districts in accordance with	153374
division (A) of section 3317.16 of the Revised Code and the	153375
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	153376
VOCATIONAL SCHOOL DISTRICTS."	153377

Of the foregoing appropriation item 200550, Foundation	153378
Funding, up to $700,000 in each fiscal year shall be used by the	153379
Department of Education for a program to pay for educational	153380
services for youth who have been assigned by a juvenile court or	153381
other authorized agency to any of the facilities described in	153382
division (A) of the section of this act entitled "PRIVATE	153383
TREATMENT FACILITY PROJECT."	153384

Of the foregoing appropriation item 200550, Foundation	153385
Funding, an amount shall be available in each fiscal year to pay	153386
eligible community schools the amounts required to comply with	153387
divisions (B) and (C) of the section of this act entitled	153388
"GUARANTEE FOR HIGH PERFORMING COMMUNITY SCHOOLS."	153389

The remainder of appropriation item 200550, Foundation	153390
Funding, shall be used to distribute the amounts calculated for	153391
formula aid under section 3317.022 of the Revised Code and the	153392
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	153393
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	153394

Appropriation items 200502, Pupil Transportation, 200540,	153395
Special Education Enhancements, and 200550, Foundation Funding,	153396
other than specific set-asides, are collectively used in each	153397
fiscal year to pay state formula aid obligations for school	153398
districts, community schools, STEM schools, college preparatory	153399
boarding schools, and joint vocational school districts under this	153400
act. The first priority of these appropriation items, with the	153401
exception of specific set-asides, is to fund state formula aid	153402
obligations. It may be necessary to reallocate funds among these	153403
appropriation items or use excess funds from other general revenue	153404
fund appropriation items in the Department of Education's budget	153405
in each fiscal year, in order to meet state formula aid	153406
obligations. If it is determined that it is necessary to transfer	153407
funds among these appropriation items or to transfer funds from	153408
other General Revenue Fund appropriations in the Department of	153409
Education's budget to meet state formula aid obligations, the	153410
Department of Education shall seek approval from the Controlling	153411
Board to transfer funds as needed.	153412

The Superintendent of Public Instruction shall make payments,	153413
transfers, and deductions, as authorized by Title XXXIII of the	153414
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	153415
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	153416
amounts substantially equal to those made in the prior year, or	153417
otherwise, at the discretion of the Superintendent, until at least	153418
the effective date of the amendments and enactments made to Title	153419
XXXIII by this act. If a new school district, community school, or	153420
STEM school opens prior to the effective date of this act, the	153421
Department of Education shall pay to the district or school an	153422
amount of $5,000 per pupil, based upon the estimated number of	153423
students that the district or school is expected to serve. Any	153424
funds paid to districts or schools under this section shall be	153425
credited toward the annual funds calculated for the district or	153426
school after the changes made to Title XXXIII in this act are	153427
effective. Upon the effective date of changes made to Title XXXIII	153428
in this act, funds shall be calculated as an annual amount.	153429

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	153430
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	153431

The Department of Education shall distribute funds within	153432
appropriation item 200550, Foundation Funding, for temporary	153433
transitional aid in each fiscal year to each qualifying city,	153434
local, and exempted village school district.	153435

(A) For fiscal years 2014 and 2015, the Department shall pay	153436
temporary transitional aid to each city, local, or exempted	153437
village school district that experiences any decrease in its state	153438
foundation funding for the current fiscal year from its	153439
transitional aid guarantee base. The amount of the temporary	153440
transitional aid payment shall equal the difference between its	153441
foundation funding for the current fiscal year and its	153442
transitional aid guarantee base. If the computation made under	153443
this division results in a negative number, the district's funding	153444
under this division shall be zero.	153445

(1) As used in this section, foundation funding for each	153446
city, local, and exempted village school district for a given	153447
fiscal year equals the sum of the amount calculated for the	153448
district under section 3317.022 of the Revised Code, as re-enacted	153449
by this act, and the amounts calculated for the district under	153450
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	153451
as amended by this act, for that fiscal year.	153452

(2) The transitional aid guarantee base for each city, local,	153453
and exempted village school district equals the sum of the amounts	153454
computed for the district for fiscal year 2013, under Sections	153455
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	153456
129th General Assembly. The Department of Education shall adjust,	153457
as necessary, the transitional aid guarantee base of any local	153458
school district that participates in the establishment of a joint	153459
vocational school district that begins receiving payments under	153460
section 3317.16 of the Revised Code, as re-enacted by this act,	153461
for fiscal year 2014, but does not receive payments under Section	153462
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	153463
fiscal year 2013. The Department shall adjust any such local	153464
school district's guarantee base according to the amounts received	153465
by the district in fiscal year 2013 for career-technical education	153466
students who attend the newly established joint vocational school	153467
district in fiscal year 2014.	153468

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	153469
as re-enacted by this act, in fiscal year 2014, no city, local, or	153470
exempted village school district shall be allocated foundation	153471
funding that is greater than 1.0625 times the district's	153472
transitional aid guarantee base.	153473

(2) Notwithstanding section 3317.022 of the Revised Code, as	153474
re-enacted by this act, in fiscal year 2015, no city, local, or	153475
exempted village school district shall be allocated foundation	153476
funding that is greater than 1.105 times the amount computed for	153477
foundation funding for the district for fiscal year 2014 plus any	153478
amount calculated for temporary transitional aid for fiscal year	153479
2014 under division (A) of this section and after any reductions	153480
made for fiscal year 2014 under division (B)(1) of this section.	153481

(3) The Department shall reduce a district's payments under	153482
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	153483
of the Revised Code, as re-enacted by this act, and divisions	153484
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	153485
amended by this act, proportionately as necessary in order to	153486
comply with this division. If those amounts are insufficient, the	153487
Department shall proportionately reduce a district's payments	153488
under divisions (A)(3), (8), and (9) of section 3317.022 of the	153489
Revised Code, as re-enacted by this act.	153490

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	153491
VOCATIONAL SCHOOL DISTRICTS	153492

The Department of Education shall distribute funds within	153493
appropriation item 200550, Foundation Funding, for temporary	153494
transitional aid in each fiscal year to each qualifying joint	153495
vocational school district.	153496

(A) For fiscal years 2014 and 2015, the Department shall pay	153497
temporary transitional aid to each joint vocational school	153498
district that experiences any decrease in its state core	153499
foundation funding under division (A) of section 3317.16 of the	153500
Revised Code, as re-enacted by this act, for the current fiscal	153501
year from its transitional aid guarantee base. The amount of the	153502
temporary transitional aid payment shall equal the difference	153503
between the district's funding under division (A) of section	153504
3317.16 of the Revised Code for the current fiscal year and its	153505
transitional aid guarantee base. If the computation made under	153506
this division results in a negative number, the district's funding	153507
under this division shall be zero.	153508

The transitional aid guarantee base for each joint vocational	153509
school district equals the amount computed for the district for	153510
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	153511
the 129th General Assembly. The Department of Education shall	153512
establish, as necessary, the transitional aid guarantee base of	153513
any joint vocational school district that begins receiving	153514
payments under section 3317.16 of the Revised Code, as re-enacted	153515
by this act, for fiscal year 2014, but does not receive payments	153516
under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th General	153517
Assembly, for fiscal year 2013. The Department shall establish any	153518
such joint vocational school district's guarantee base as an	153519
amount equal to the absolute value of the sum of the associated	153520
adjustments of any local school districts' guarantee bases under	153521
Section 263.240 of this act.	153522

(B)(1) Notwithstanding division (A) of section 3317.16 of the	153523
Revised Code, as re-enacted by this act, in fiscal year 2014, no	153524
joint vocational school district shall be allocated state core	153525
foundation funding, as computed under division (A) of section	153526
3317.16 of the Revised Code, as re-enacted by this act, that is	153527
greater than 1.0625 times the district's transitional aid	153528
guarantee base.	153529

(2) Notwithstanding division (A) of section 3317.16 of the	153530
Revised Code, as re-enacted by this act, in fiscal year 2015, no	153531
joint vocational school district shall be allocated state core	153532
foundation funding, under division (A) of section 3317.16 of the	153533
Revised Code, as re-enacted by this act, that is greater than	153534
1.105 times the amount computed for state core foundation funding	153535
for the district for fiscal year 2014 under division (A) of	153536
section 3317.16 of the Revised Code, as re-enacted by this act,	153537
plus any amount calculated for temporary transitional aid for	153538
fiscal year 2014 under division (A) of this section and after any	153539
reductions made for fiscal year 2014 under division (B)(1) of this	153540
section.	153541

(3) The Department shall reduce a district's payments under	153542
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	153543
Code, as re-enacted by this act, proportionately as necessary in	153544
order to comply with this division. If those amounts are	153545
insufficient, the Department shall proportionately reduce a	153546
district's payments under divisions (A)(2), (5), and (6) of	153547
section 3317.16 of the Revised Code, as re-enacted by this act.	153548

Section 263.253. GUARANTEE FOR HIGH PERFORMING COMMUNITY	153549
SCHOOLS	153550

(A) As used in this section, "eligible community school"	153551
means a community school established under Chapter 3314. of the	153552
Revised Code that, for the 2009-2010, 2010-2011, and 2011-2012	153553
school years, was declared to be excellent or higher under section	153554
3302.03 of the Revised Code, as that section existed prior to	153555
March 22, 2013.	153556

(B) Notwithstanding section 3314.08 of the Revised Code, as	153557
amended by this act, in fiscal year 2014, no eligible community	153558
school shall receive payments under divisions (C)(1) and (2) of	153559
section 3314.08 of the Revised Code, as amended by this act, and	153560
division (D) of section 3314.091 of the Revised Code, as amended	153561
by this act, in an aggregate amount that is less than the	153562
community school's payments for fiscal year 2013 under divisions	153563
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	153564
Code, as that section existed prior to the effective date of the	153565
amendments to that section by this act, division (D) of section	153566
3314.091 of the Revised Code, as that section existed prior to the	153567
effective date of the amendments to that section by this act, and	153568
Section 267.30.56 of Am. Sub. H.B. 153 of the 129th General	153569
Assembly.	153570

(C) Notwithstanding section 3314.08 of the Revised Code, as	153571
amended by this act, in fiscal year 2015, no eligible community	153572
school shall receive payments under divisions (C)(1) and (2) of	153573
section 3314.08 of the Revised Code, as amended by this act, and	153574
division (D) of section 3314.091 of the Revised Code, as amended	153575
by this act, in an aggregate amount that is less than the	153576
community school's payments for fiscal year 2013 under divisions	153577
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	153578
Code, as that section existed prior to the effective date of the	153579
amendments to that section by this act, and division (D) of	153580
section 3314.091 of the Revised Code, as that section existed	153581
prior to the effective date of the amendments to that section by	153582
this act, and Section 267.30.56 of Am. Sub. H.B. 153 of the 129th	153583
General Assembly.	153584

Section 263.255. LITERACY IMPROVEMENT

153585

The foregoing appropriation item 200566, Literacy	153586
Improvement, shall be used for Read Baby Read.	153587

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

153588

The Superintendent of Public Instruction shall not request,	153589
and the Controlling Board shall not approve, the transfer of	153590
appropriation from appropriation item 200901, Property Tax	153591
Allocation - Education, to any other appropriation item.	153592

The appropriation item 200901, Property Tax Allocation -	153593
Education, is appropriated to pay for the state's costs incurred	153594
because of the homestead exemption, the property tax rollback, and	153595
payments required under division (C) of section 5705.2110 of the	153596
Revised Code. In cooperation with the Department of Taxation, the	153597
Department of Education shall distribute these funds directly to	153598
the appropriate school districts of the state, notwithstanding	153599
sections 321.24 and 323.156 of the Revised Code, which provide for	153600
payment of the homestead exemption and property tax rollback by	153601
the Tax Commissioner to the appropriate county treasurer and the	153602
subsequent redistribution of these funds to the appropriate local	153603
taxing districts by the county auditor.	153604

Upon receipt of these amounts, each school district shall	153605
distribute the amount among the proper funds as if it had been	153606
paid as real or tangible personal property taxes. Payments for the	153607
costs of administration shall continue to be paid to the county	153608
treasurer and county auditor as provided for in sections 319.54,	153609
321.26, and 323.156 of the Revised Code.	153610

Any sums, in addition to the amount specifically appropriated	153611
in appropriation items 200901, Property Tax Allocation -	153612
Education, for the homestead exemption and the property tax	153613
rollback payments, and payments required under division (C) of	153614
section 5705.2110 of the Revised Code, which are determined to be	153615
necessary for these purposes, are hereby appropriated.	153616

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

153617

The foregoing appropriation item 200681, Teacher	153618
Certification and Licensure, shall be used by the Department of	153619
Education in each year of the biennium to administer and support	153620
teacher certification and licensure activities.	153621

SCHOOL DISTRICT SOLVENCY ASSISTANCE

153622

(A) Of the foregoing appropriation item 200687, School	153623
District Solvency Assistance, $20,000,000 in each fiscal year	153624
shall be allocated to the School District Shared Resource Account	153625
and $5,000,000 in each fiscal year shall be allocated to the	153626
Catastrophic Expenditures Account. These funds shall be used to	153627
provide assistance and grants to school districts to enable them	153628
to remain solvent under section 3316.20 of the Revised Code.	153629
Assistance and grants shall be subject to approval by the	153630
Controlling Board. Except as provided under division (C) of this	153631
section, any required reimbursements from school districts for	153632
solvency assistance shall be made to the appropriate account in	153633
the School District Solvency Assistance Fund (Fund 5H30).	153634

(B) Notwithstanding any provision of law to the contrary,	153635
upon the request of the Superintendent of Public Instruction, the	153636
Director of Budget and Management may make transfers to the School	153637
District Solvency Assistance Fund (Fund 5H30) from any fund used	153638
by the Department of Education or the General Revenue Fund to	153639
maintain sufficient cash balances in Fund 5H30 in fiscal years	153640
2014 and 2015. Any cash transferred is hereby appropriated. The	153641
transferred cash may be used by the Department of Education to	153642
provide assistance and grants to school districts to enable them	153643
to remain solvent and to pay unforeseeable expenses of a temporary	153644
or emergency nature that the school district is unable to pay from	153645
existing resources. The Director of Budget and Management shall	153646
notify the members of the Controlling Board of any such transfers.	153647

(C) If the cash balance of the School District Solvency	153648
Assistance Fund (Fund 5H30) is insufficient to pay solvency	153649
assistance in fiscal years 2014 and 2015, at the request of the	153650
Superintendent of Public Instruction, and with the approval of the	153651
Controlling Board, the Director of Budget and Management may	153652
transfer cash from the Lottery Profits Education Reserve Fund	153653
(Fund 7018) to Fund 5H30 to provide assistance and grants to	153654
school districts to enable them to remain solvent and to pay	153655
unforeseeable expenses of a temporary nature that they are unable	153656
to pay from existing resources under section 3316.20 of the	153657
Revised Code. Such transfers are hereby appropriated to	153658
appropriation item 200670, School District Solvency Assistance –	153659
Lottery. Any required reimbursements from school districts for	153660
solvency assistance granted from appropriation item 200670, School	153661
District Solvency Assistance – Lottery, shall be made to Fund	153662
7018.	153663

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

153664

Upon the request of the Superintendent of Public Instruction,	153665
the Director of Budget and Management may transfer up to $750,000	153666
cash in each fiscal year from the General Revenue Fund to the	153667
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	153668
transferred cash is to be used by the Department of Education to	153669
pay the expenses the Department incurs in administering the	153670
Medicaid School Component of the Medicaid program established	153671
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	153672
of each fiscal year, or as soon as possible thereafter, the	153673
Director of Budget and Management shall transfer cash from Fund	153674
3AF0 back to the General Revenue Fund in an amount equal to the	153675
total amount transferred to Fund 3AF0 in that fiscal year.	153676

The money deposited into Fund 3AF0 under division (B) of	153677
section 5162.64 of the Revised Code is hereby appropriated for	153678
fiscal years 2014 and 2015 and shall be used in accordance with	153679
division (C) of section 5162.64 of the Revised Code.	153680

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

153681

The foregoing appropriation item 200626, Half-Mill	153682
Maintenance Equalization, shall be used to make payments pursuant	153683
to section 3318.18 of the Revised Code.	153684

Section 263.300. GATES FOUNDATION GRANTS

153685

The foregoing appropriation item 200668, Gates Foundation	153686
Grants, shall be used by the Department of Education to provide	153687
professional development to school district principals,	153688
superintendents, and other administrative staff on the use of	153689
education technology.	153690

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

153691

Notwithstanding section 3317.064 of the Revised Code, if the	153692
unexpended, unencumbered cash balance is sufficient, the Treasurer	153693
of State shall transfer $1,500,000 in fiscal year 2014 within	153694
thirty days after the effective date of this section, and	153695
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	153696
Auxiliary Services Personnel Unemployment Compensation Fund to the	153697
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	153698
Department of Education.	153699

Section 263.320. LOTTERY PROFITS EDUCATION FUND

153700

Appropriation item 200612, Foundation Funding (Fund 7017),	153701
shall be used in conjunction with appropriation item 200550,	153702
Foundation Funding (GRF), to provide state foundation payments to	153703
school districts.	153704

The Department of Education, with the approval of the	153705
Director of Budget and Management, shall determine the monthly	153706
distribution schedules of appropriation item 200550, Foundation	153707
Funding (GRF), and appropriation item 200612, Foundation Funding	153708
(Fund 7017). If adjustments to the monthly distribution schedule	153709
are necessary, the Department of Education shall make such	153710
adjustments with the approval of the Director of Budget and	153711
Management.	153712

STRAIGHT A FUND

153713

Of the foregoing appropriation item, 200648, Straight A Fund,	153714
up to $375,000 in each fiscal year shall be used to provide	153715
scholarships to parents of high needs children enrolled in the Get	153716
Ready for Kindergarten pilot program. These scholarships shall be	153717
administered as provided under the section of this act entitled	153718
"GET READY FOR KINDERGARTEN."	153719

Of the foregoing appropriation item 200648, Straight A Fund,	153720
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	153721
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	153722
Project in accordance with Section 733.40 of this act.	153723

Of the foregoing appropriation item 200648, Straight A Fund,	153724
up to $70,000 in each fiscal year shall be used by Kids Unlimited	153725
of Toledo for quality after-school tutoring and mentoring programs	153726
in two elementary school buildings in Lucas County. The school	153727
buildings may include any community school, chartered nonpublic	153728
school, or building that is part of a city, local, or exempted	153729
village school district. Kids Unlimited of Toledo shall provide	153730
local matching funds equal to the set-aside.	153731

Of the foregoing appropriation item 200648, Straight A Fund,	153732
up to $5,000,000 in fiscal year 2015 shall be used to support the	153733
implementation of the College Credit Plus Program established	153734
under Chapter 3365. of the Revised Code.	153735

Of the foregoing appropriation item 200648, Straight A Fund,	153736
up to $250,000 in each fiscal year may be used to make competitive	153737
grants in accordance with Section 263.324 of this act.	153738

The remainder of appropriation item 200648, Straight A Fund,	153739
shall be used to make competitive grants in accordance with	153740
Section 263.325 of this act.	153741

EDCHOICE EXPANSION

153742

The foregoing appropriation item 200666, EdChoice Expansion,	153743
shall be used as follows:	153744

(A) In fiscal year 2014, notwithstanding section 3310.032 of	153745
the Revised Code, the Department of Education shall administer an	153746
expansion of the Educational Choice Scholarship program as	153747
follows:	153748

(1) A student is an "eligible student" for purposes of the	153749
expansion of the Educational Choice Scholarship Pilot Program	153750
under division (A) of this section if the student's resident	153751
district is not a school district in which the pilot project	153752
scholarship program is operating under sections 3313.974 to	153753
3313.979 of the Revised Code and the student's family income is at	153754
or below two hundred per cent of the federal poverty guidelines,	153755
as defined in section 5101.46 of the Revised Code.	153756

(2) The Department shall pay scholarships to attend chartered	153757
nonpublic schools in accordance with section 3310.08 of the	153758
Revised Code. The number of scholarships awarded under division	153759
(A) of this section shall not exceed the number that can be funded	153760
with appropriations made by the general assembly for this purpose.	153761

(3) Scholarships under division (A) of this section shall be	153762
awarded for the 2013-2014 school year, to eligible students who	153763
are entering kindergarten in that school year for the first time.	153764

(4) If the number of eligible students who apply for a	153765
scholarship exceeds the scholarships available based on the	153766
appropriation for division (A) of this section, the department	153767
shall award scholarships in the following order of priority:	153768

(a) First, to eligible students with family incomes at or	153769
below one hundred per cent of the federal poverty guidelines.	153770

(b) Second, to other eligible students who qualify under	153771
division (A) of this section. If the number of students described	153772
in division (A)(4)(b) of this section exceeds the number of	153773
available scholarships after awards are made under division	153774
(A)(4)(a) of this section, the department shall select students	153775
described in division (A)(4)(b) of this section by lot to receive	153776
any remaining scholarships.	153777

(5) A student who receives a scholarship under division (A)	153778
of this section remains an eligible student and may continue to	153779
receive scholarships under section 3310.032 of the Revised Code in	153780
subsequent school years until the student completes grade twelve,	153781
so long as the student satisfies the conditions specified in	153782
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	153783

Once a scholarship is awarded under this section, the student	153784
shall remain eligible for that scholarship for the current and	153785
subsequent school years, even if the student's family income rises	153786
above the amount specified in division (A) of section 3310.032 of	153787
the Revised Code, provided the student remains enrolled in a	153788
chartered nonpublic school.	153789

(B) In fiscal year 2015, to provide for the scholarships	153790
awarded under the expansion of the educational choice program	153791
established under section 3310.032 of the Revised Code. The number	153792
of scholarships awarded under the expansion of the educational	153793
choice program shall not exceed the number that can be funded with	153794
the appropriations made by the General Assembly for this purpose.	153795

COMMUNITY SCHOOL FACILITIES

153796

The foregoing appropriation item 200684, Community School	153797
Facilities, shall be used to pay each community school established	153798
under Chapter 3314. of the Revised Code that is not an internet-	153799
or computer-based community school and each STEM school	153800
established under Chapter 3326. of the Revised Code an amount	153801
equal to $100 for each full-time equivalent pupil for assistance	153802
with the cost associated with facilities. If the amount	153803
appropriated is not sufficient, the Department of Education shall	153804
prorate the amounts so that the aggregate amount appropriated is	153805
not exceeded.	153806

Section 263.323. GET READY FOR KINDERGARTEN

153807

(A) A preschool is an "eligible preschool" for the purposes	153808
of this section if the preschool has a quality rating in the top	153809
two tiers of the tiered rating improvement system developed under	153810
division (C)(3)(d) of section 5104.30 of the Revised Code.	153811

(B) The Department of Education shall provide scholarships to	153812
parents of high needs children to enroll in eligible preschools as	153813
defined in division (A) of this section.	153814

(C) Scholarships under this section shall be awarded to	153815
students who are at least age three but are not of compulsory	153816
school age, as defined in section 3321.01 of the Revised Code, and	153817
who are not currently enrolled in kindergarten. Students who	153818
receive scholarships under this section shall enroll in eligible	153819
preschools between July 1, 2013, and December 31, 2013.	153820

Section 263.324. (A) A program that has applied for or	153821
received a Promise Neighborhood Implementation Grant from the	153822
United States Department of Education that is located in a city	153823
school district may apply to the Ohio Department of Education for	153824
a grant under this section.	153825

(B) To be eligible to receive a grant, a program shall meet	153826
either of the following criteria:	153827

(1) The program was awarded a Promise Neighborhood	153828
Implementation Grant in the year for which a grant is sought from	153829
the Ohio Department of Education.	153830

(2) The program applied to the United States Department of	153831
Education for a Promise Neighborhood Implementation Grant in	153832
either the year for which the state grant is sought or in the year	153833
prior to which the state grant is sought.	153834

(C) A program that receives a grant from the Ohio Department	153835
of Education under this section shall use the funds for	153836
administrative costs associated with the Promise Neighborhood	153837
Program.	153838

(D) Any program that receives a grant from the Ohio	153839
Department of Education under this section shall contribute local	153840
matching funds that are equal to the amount of the grant received	153841
by the Department.	153842

Section 263.325. (A) The Straight A Program is hereby created	153843
for fiscal years 2014 and 2015 to provide grants to city, local,	153844
exempted village, and joint vocational school districts,	153845
educational service centers, community schools established under	153846
Chapter 3314., STEM schools established under Chapter 3326.,	153847
college-preparatory boarding schools established under Chapter	153848
3328. of the Revised Code, individual school buildings, education	153849
consortia (which may represent a partnership among school	153850
districts, school buildings, community schools, or STEM schools),	153851
institutions of higher education, and private entities partnering	153852
with one or more of the educational entities identified in this	153853
division for projects that aim to achieve significant advancement	153854
in one or more of the following goals:	153855

(1) Student achievement;

153856

(2) Spending reduction in the five-year fiscal forecast	153857
required under section 5705.391 of the Revised Code;	153858

(3) Utilization of a greater share of resources in the	153859
classroom.	153860

(B)(1) Grants shall be awarded by a nine-member governing	153861
board consisting of the Superintendent of Public Instruction, or	153862
the Superintendent's designee, four members appointed by the	153863
Governor, two members appointed by the Speaker of the House of	153864
Representatives, and two members appointed by the President of the	153865
Senate. The Department of Education shall provide administrative	153866
support to the board. No member shall be compensated for the	153867
member's service on the board.	153868

(2) The board may establish an advisory council consisting of	153869
grant advisors with fiscal expertise and education expertise.	153870
These advisors shall evaluate proposals from grant applicants,	153871
consult with the governing board regarding strategic planning, and	153872
advise the staff administering the program. No advisor shall be	153873
compensated for this service.	153874

(3) The board shall issue an annual report to the Governor,	153875
the Speaker of the House of Representatives, the President of the	153876
Senate, and the chairpersons of the House and Senate committees	153877
that primarily deal with education regarding the types of grants	153878
awarded, the grant recipients, and the effectiveness of the grant	153879
program.	153880

(4) The board shall create a grant application and publish on	153881
the Department's web site the application and timeline for the	153882
submission, review, notification, and awarding of grant proposals.	153883

(5) With the approval of the board, the Department shall	153884
establish a system for evaluating and scoring the grant	153885
applications received under this section.	153886

(C) Each grant applicant shall submit a proposal that	153887
includes all of the following:	153888

(1) A description of the project for which the applicant is	153889
seeking a grant, including a description of how the project will	153890
have substantial value and lasting impact;	153891

(2) An explanation of how the project will be	153892
self-sustaining. If the project will result in increased ongoing	153893
spending, the applicant shall show how the spending will be offset	153894
by verifiable, credible, permanent spending reductions.	153895

(3) A description of quantifiable results of the project that	153896
can be benchmarked.	153897

If an education consortia described in division (A) of this	153898
section applies for a grant, the lead applicant shall be the	153899
school district, school building, community school, or STEM school	153900
that is a member of the consortia and shall so indicate on the	153901
grant application.	153902

(D)(1) Within seventy-five days after receiving a grant	153903
application, the board shall issue a decision on the application	153904
of "yes," "no," "hold," or "edit." In making its decision, the	153905
board shall consider whether the project has the capability of	153906
being replicated in other school districts and schools or creates	153907
something that can be used in other districts and schools.	153908

(2) If the board issues a "hold" or "edit" decision for an	153909
application, it shall, upon returning the application to the	153910
applicant, specify the process for reconsideration of the	153911
application. An applicant may work with the grant advisors and	153912
staff to modify or improve a grant application.	153913

(E) Upon deciding to award a grant to an applicant, the board	153914
shall enter into a grant agreement with the applicant that	153915
includes all of the following:	153916

(1) The content of the applicant's proposal as outlined under	153917
division (C) of this section;	153918

(2) The project's deliverables and a timetable for their	153919
completion;	153920

(3) Conditions for receiving grant funding;

153921

(4) Conditions for receiving funding in future years if the	153922
contract is a multi-year contract;	153923

(5) A provision specifying that funding will be returned to	153924
the board if the applicant fails to implement the agreement, as	153925
determined by the Auditor of State.	153926

(6) A provision specifying that the agreement may be amended	153927
by mutual agreement between the board and the applicant.	153928

(F) Each grant awarded under this section shall be subject to	153929
approval by the Controlling Board prior to execution of the grant	153930
agreement.	153931

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

153932

(A) There is hereby created the Lottery Profits Education	153933
Reserve Fund (Fund 7018) in the State Treasury. Investment	153934
earnings of the Lottery Profits Education Reserve Fund shall be	153935
credited to the fund.	153936

(B) Notwithstanding any other provision of law to the	153937
contrary, the Director of Budget and Management may transfer cash	153938
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	153939
in fiscal year 2014 and fiscal year 2015.	153940

(C) On July 15, 2013, or as soon as possible thereafter, the	153941
Director of the Ohio Lottery Commission shall certify to the	153942
Director of Budget and Management the amount by which lottery	153943
profit transfers received by Fund 7017 exceeded $680,500,000 in	153944
fiscal year 2013.	153945

(D) On July 15, 2014, or as soon as possible thereafter, the	153946
Director of the Ohio Lottery Commission shall certify to the	153947
Director of Budget and Management the amount by which lottery	153948
profit transfers received by Fund 7017 exceeded $841,000,000 in	153949
fiscal year 2014.	153950

(E) Notwithstanding any provision of law to the contrary, in	153951
fiscal year 2014 and fiscal year 2015, the Director of Budget and	153952
Management may transfer cash in excess of the amounts necessary to	153953
support appropriations in Fund 7017 from that fund to Fund 7018.	153954

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	153955
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	153956

Notwithstanding any provision of law to the contrary, in	153957
fiscal year 2014 and fiscal year 2015 the Director of Budget and	153958
Management may make temporary transfers between the General	153959
Revenue Fund and the School District Property Tax Replacement –	153960
Business Fund (Fund 7047), used by the Department of Education, to	153961
ensure sufficient balances in Fund 7047 and to replenish the	153962
General Revenue Fund for such transfers.	153963

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	153964
BUSINESS	153965

The foregoing appropriation item 200909, School District	153966
Property Tax Replacement – Business, shall be used by the	153967
Department of Education, in consultation with the Department of	153968
Taxation, to make payments to school districts and joint	153969
vocational school districts under section 5751.21 of the Revised	153970
Code. If it is determined by the Director of Budget and Management	153971
that additional appropriations are necessary for this purpose,	153972
such amounts are hereby appropriated.	153973

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

153974

The foregoing appropriation item 200900, School District	153975
Property Tax Replacement-Utility, shall be used by the Department	153976
of Education, in consultation with the Department of Taxation, to	153977
make payments to school districts and joint vocational school	153978
districts under section 5727.85 of the Revised Code. If it is	153979
determined by the Director of Budget and Management that	153980
additional appropriations are necessary for this purpose, such	153981
amounts are hereby appropriated.	153982

DISTRIBUTION FORMULAS

153983

The Department of Education shall report the following to the	153984
Director of Budget and Management and the Legislative Service	153985
Commission:	153986

(A) Changes in formulas for distributing state	153987
appropriations, including administratively defined formula	153988
factors;	153989

(B) Discretionary changes in formulas for distributing	153990
federal appropriations;	153991

(C) Federally mandated changes in formulas for distributing	153992
federal appropriations.	153993

Any such changes shall be reported two weeks prior to the	153994
effective date of the change.	153995

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

153996

In fiscal year 2014, the Department of Education shall pay	153997
the governing board of each primary educational service center	153998
state funds equal to thirty-seven dollars times its student count,	153999
as calculated under division (G)(1) of section 3313.843 of the	154000
Revised Code.	154001

In fiscal year 2015, the Department of Education shall pay	154002
the governing board of each primary educational service center	154003
state funds equal to thirty-five dollars times its student count,	154004
as calculated under division (G)(1) of section 3313.843 of the	154005
Revised Code.	154006

If the amount earmarked for the state reimbursement of	154007
educational service centers in appropriation item 200550,	154008
Foundation Funding, is not sufficient, the Department of Education	154009
shall prorate the payment amounts so that the appropriation is not	154010
exceeded.	154011

Notwithstanding any provision of law to the contrary, the	154012
Department of Education shall modify the payments under this	154013
section as follows:	154014

(A) If an educational service center ceases operation, the	154015
Department shall redistribute that center's funding, as calculated	154016
under this section, to the remaining centers in proportion to each	154017
center's service center ADM as defined in former section 3317.11	154018
of the Revised Code, as that section existed prior to the date of	154019
its repeal.	154020

(B) If two or more educational service centers merge	154021
operations to create a single service center, the Department shall	154022
distribute the sum of the original service centers' funding, as	154023
calculated under this section, to the new service center.	154024

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	154025
ASSESSMENT OF EDUCATION PROGRESS	154026

The General Assembly intends for the Superintendent of Public	154027
Instruction to provide for school district participation in the	154028
administration of the National Assessment of Education Progress in	154029
accordance with section 3301.27 of the Revised Code. Each school	154030
and school district selected for participation by the	154031
Superintendent of Public Instruction shall participate.	154032

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	154033
STUDENTS	154034

(A) As used in this section:

154035

(1) "IEP" has the same meaning as in section 3323.01 of the	154036
Revised Code.	154037

(2) "SBH student" means a student receiving special education	154038
and related services for severe behavior disabilities pursuant to	154039
an IEP.	154040

(B) This section applies only to a community school	154041
established under Chapter 3314. of the Revised Code that in each	154042
of fiscal years 2014 and 2015 enrolls a number of SBH students	154043
equal to at least fifty per cent of the total number of students	154044
enrolled in the school in the applicable fiscal year.	154045

(C) In addition to any state foundation payments made, in	154046
each of fiscal years 2014 and 2015, the Department of Education	154047
shall pay to a community school to which this section applies a	154048
subsidy equal to the difference between the aggregate amount	154049
calculated and paid in that fiscal year to the community school	154050
for special education and related services additional weighted	154051
costs for the SBH students enrolled in the school and the	154052
aggregate amount that would have been calculated for the school	154053
for special education and related services additional weighted	154054
costs for those same students in fiscal year 2001. If the	154055
difference is a negative number, the amount of the subsidy shall	154056
be zero.	154057

(D) The amount of any subsidy paid to a community school	154058
under this section shall not be deducted from the school district	154059
in which any of the students enrolled in the community school are	154060
entitled to attend school under section 3313.64 or 3313.65 of the	154061
Revised Code. The amount of any subsidy paid to a community school	154062
under this section shall be paid from funds appropriated to the	154063
Department of Education in appropriation item 200550, Foundation	154064
Funding.	154065

Section 263.380. EARMARK ACCOUNTABILITY

154066

At the request of the Superintendent of Public Instruction,	154067
any entity that receives a budget earmark under the Department of	154068
Education shall submit annually to the chairpersons of the	154069
committees of the House of Representatives and the Senate	154070
primarily concerned with education and to the Department of	154071
Education a report that includes a description of the services	154072
supported by the funds, a description of the results achieved by	154073
those services, an analysis of the effectiveness of the program,	154074
and an opinion as to the program's applicability to other school	154075
districts. For an earmarked entity that received state funds from	154076
an earmark in the prior fiscal year, no funds shall be provided by	154077
the Department of Education to an earmarked entity for a fiscal	154078
year until its report for the prior fiscal year has been	154079
submitted.	154080

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

154081

A community school established under Chapter 3314. of the	154082
Revised Code that was open for operation as a community school as	154083
of May 1, 2005, may operate from or in any home, as defined in	154084
section 3313.64 of the Revised Code, located in the state,	154085
regardless of when the community school's operations from or in a	154086
particular home began.	154087

Section 263.400. USE OF VOLUNTEERS

154088

The Department of Education may utilize the services of	154089
volunteers to accomplish any of the purposes of the Department.	154090
The Superintendent of Public Instruction shall approve for what	154091
purposes volunteers may be used and for these purposes may	154092
recruit, train, and oversee the services of volunteers. The	154093
Superintendent may reimburse volunteers for necessary and	154094
appropriate expenses in accordance with state guidelines and may	154095
designate volunteers as state employees for the purpose of motor	154096
vehicle accident liability insurance under section 9.83 of the	154097
Revised Code, for immunity under section 9.86 of the Revised Code,	154098
and for indemnification from liability incurred in the performance	154099
of their duties under section 9.87 of the Revised Code.	154100

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	154101
REIMBURSEMENTS	154102

(A) Except as expressly required under a court judgment not	154103
subject to further appeals, or a settlement agreement with a	154104
school district executed on or before June 1, 2009, in the case of	154105
a school district for which the formula ADM for fiscal year 2005,	154106
as reported for that fiscal year under division (A) of section	154107
3317.03 of the Revised Code, was reduced based on enrollment	154108
reports for community schools, made under section 3314.08 of the	154109
Revised Code, regarding students entitled to attend school in the	154110
district, which reduction of formula ADM resulted in a reduction	154111
of foundation funding or transitional aid funding for fiscal year	154112
2005, 2006, or 2007, no school district, except a district named	154113
in the court's judgment or the settlement agreement, shall have a	154114
legal claim for reimbursement of the amount of such reduction in	154115
foundation funding or transitional aid funding, and the state	154116
shall not have liability for reimbursement of the amount of such	154117
reduction in foundation funding or transitional aid funding.	154118

(B) As used in this section:

154119

(1) "Community school" means a community school established	154120
under Chapter 3314. of the Revised Code.	154121

(2) "Entitled to attend school" means entitled to attend	154122
school in a school district under section 3313.64 or 3313.65 of	154123
the Revised Code.	154124

(3) "Foundation funding" means payments calculated for the	154125
respective fiscal year under Chapter 3317. of the Revised Code.	154126

(4) "Transitional aid funding" means payments calculated for	154127
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	154128
of the 125th General Assembly, as subsequently amended; Section	154129
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	154130
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	154131
of the 127th General Assembly.	154132

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

154133

(A) If the Auditor of State or a public accountant, pursuant	154134
to section 117.41 of the Revised Code, declares a community school	154135
established under Chapter 3314. of the Revised Code to be	154136
unauditable, the Auditor of State shall provide written	154137
notification of that declaration to the school, the school's	154138
sponsor, and the Department of Education. The Auditor of State	154139
also shall post the notification on the Auditor of State's web	154140
site.	154141

(B) Notwithstanding any provision to the contrary in Chapter	154142
3314. of the Revised Code or any other provision of law, a sponsor	154143
of a community school that is notified by the Auditor of State	154144
under division (A) of this section that a community school it	154145
sponsors is unauditable shall not enter into contracts with any	154146
additional community schools under section 3314.03 of the Revised	154147
Code until the Auditor of State or a public accountant has	154148
completed a financial audit of that school.	154149

(C) Not later than forty-five days after receiving	154150
notification by the Auditor of State under division (A) of this	154151
section that a community school is unauditable, the sponsor of the	154152
school shall provide a written response to the Auditor of State.	154153
The response shall include the following:	154154

(1) An overview of the process the sponsor will use to review	154155
and understand the circumstances that led to the community school	154156
becoming unauditable;	154157

(2) A plan for providing the Auditor of State with the	154158
documentation necessary to complete an audit of the community	154159
school and for ensuring that all financial documents are available	154160
in the future;	154161

(3) The actions the sponsor will take to ensure that the plan	154162
described in division (C)(2) of this section is implemented.	154163

(D) If a community school fails to make reasonable efforts	154164
and continuing progress to bring its accounts, records, files, or	154165
reports into an auditable condition within ninety days after being	154166
declared unauditable, the Auditor of State, in addition to	154167
requesting legal action under sections 117.41 and 117.42 of the	154168
Revised Code, shall notify the Department of the school's failure.	154169
If the Auditor of State or a public accountant subsequently is	154170
able to complete a financial audit of the school, the Auditor of	154171
State shall notify the Department that the audit has been	154172
completed.	154173

(E) Notwithstanding any provision to the contrary in Chapter	154174
3314. of the Revised Code or any other provision of law, upon	154175
notification by the Auditor of State under division (D) of this	154176
section that a community school has failed to make reasonable	154177
efforts and continuing progress to bring its accounts, records,	154178
files, or reports into an auditable condition following a	154179
declaration that the school is unauditable, the Department shall	154180
immediately cease all payments to the school under Chapter 3314.	154181
of the Revised Code and any other provision of law. Upon	154182
subsequent notification from the Auditor of State under that	154183
division that the Auditor of State or a public accountant was able	154184
to complete a financial audit of the community school, the	154185
Department shall release all funds withheld from the school under	154186
this section.	154187

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

154188

In collaboration with the County Family and Children First	154189
Council, a city, local, or exempted village school district,	154190
community school, STEM school, joint vocational school district,	154191
educational service center, or county board of developmental	154192
disabilities that receives allocations from the Department of	154193
Education from appropriation item 200550, Foundation Funding, or	154194
appropriation item 200540, Special Education Enhancements, may	154195
transfer portions of those allocations to a flexible funding pool	154196
authorized by the Section of this act entitled "FAMILY AND	154197
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	154198
maintenance of effort or for federal or state funding matching	154199
requirements shall not be transferred unless the allocation may	154200
still be used to meet such requirements.	154201

Section 263.440. The Department of Education shall conduct a	154202
formative evaluation of the Jon Peterson Special Needs Scholarship	154203
Program established under sections 3310.51 to 3310.64 of the	154204
Revised Code and shall report its findings to the General	154205
Assembly, in accordance with section 101.68 of the Revised Code,	154206
not later than December 31, 2014.	154207

In conducting the evaluation, the Department shall to the	154208
extent possible gather comments from parents who have been awarded	154209
scholarships under the program, school district officials,	154210
representatives of registered private providers, educators, and	154211
representatives of educational organizations for inclusion in the	154212
report required under this section.	154213

The Department may contract with one or more qualified	154214
researchers who have previous experience evaluating school choice	154215
programs to conduct this study. The Department may accept grants	154216
to assist in funding this study.	154217

Section 263.443. Notwithstanding anything to the contrary in	154218
section 3310.52 of the Revised Code, during the fall 2013	154219
application period for the Jon Peterson Special Needs Scholarship	154220
Program established under sections 3310.51 to 3310.64 of the	154221
Revised Code, the Department of Education shall not accept any	154222
applications from students who have not received a scholarship	154223
from the program in the previous or current school year.	154224

Section 263.450. (A) The Ohio Open Enrollment Task Force is	154225
hereby established to review and make recommendations on open	154226
enrollment. The Superintendent of Public Instruction shall consult	154227
with the Governor's Office of 21st Century Education to convene a	154228
taskforce that consists of representatives from school districts	154229
that represent all sectors of Ohio's educational community.	154230

(B) The Superintendent shall designate the chairperson of the	154231
Task Force. All meetings of the Task Force shall be held at the	154232
call of the chairperson.	154233

(C) The Task Force shall review and make recommendations	154234
regarding the process by which students may enroll in other school	154235
districts under open enrollment and the funding mechanisms	154236
associated with open enrollment deductions and credits.	154237

(D) Not later than December 31, 2013, the Task Force shall	154238
issue a report of its findings and recommendations to the	154239
Governor, the President of the Senate, and the Speaker of the	154240
House of Representatives. Upon issuance of the report, the Task	154241
Force shall cease to exist.	154242

Section 263.470. (A) On July 1, 2013, or as soon as possible	154243
thereafter, notwithstanding any provision of law to the contrary,	154244
and if requested by the Department of Education, the Director of	154245
Budget and Management shall make budget changes made necessary by	154246
the transfer of the operations and related management functions of	154247
the eTech Ohio Commission to the Department of Education, if any,	154248
including administrative organization, program transfers, the	154249
creation of new funds, the transfer of state funds, and the	154250
consolidation of funds, as authorized by this section. The	154251
Director of Budget and Management may, if necessary, establish	154252
encumbrances or parts of encumbrances in the fiscal year 2014-2015	154253
biennium in the appropriate fund and appropriation item for the	154254
same purpose and for payment to the same vendor. The established	154255
encumbrances plus any additional amounts determined to be	154256
necessary for the Ohio Department of Education to perform the	154257
operations and related management functions of the eTech Ohio	154258
Commission are hereby appropriated.	154259

(B) Effective July 1, 2013, the Director of Budget and	154260
Management shall cancel any existing encumbrances against	154261
appropriation item 935607, Gates Foundation Grants, and	154262
re-establish them against appropriation item 200668, Gates	154263
Foundation Grants. The re-established encumbrance amounts are	154264
hereby appropriated. Any business commenced but not completed	154265
under appropriation item 935607 by July 1, 2013, shall be	154266
completed under appropriation item 200668 in the same manner and	154267
with the same effect as if it were completed with regard to	154268
appropriation item 935607.	154269

(C) Effective July 1, 2013, the Director of Budget and	154270
Management shall cancel existing encumbrances against	154271
appropriation item 935408, General Operations, and re-establish	154272
them, as determined to be appropriate by the Director of Budget	154273
and Management, against appropriation item 200464, General	154274
Technology Operations. The re-established encumbrance amounts are	154275
hereby appropriated. Any business commenced but not completed	154276
under appropriation item 935408 by July 1, 2013, shall be	154277
completed, as determined to be appropriate by the Director of	154278
Budget and Management, under appropriation item 200464 in the same	154279
manner and with the same effect as if it were completed with	154280
regard to appropriation item 935408.	154281

(D) Effective July 1, 2013, the Director of Budget and	154282
Management shall cancel existing encumbrances against	154283
appropriation item 935411, Technology Integration and Professional	154284
Development, and re-establish them, as determined to be	154285
appropriate by the Director of Budget and Management, against	154286
appropriation item 200465, Technology Integration and Professional	154287
Development. The re-established encumbrance amounts are hereby	154288
appropriated. Any business commenced but not completed under	154289
appropriation item 935411 by July 1, 2013, shall be completed, as	154290
determined to be appropriate by the Director of Budget and	154291
Management, under appropriation item 200465 in the same manner and	154292
with the same effect as if it were completed with regard to	154293
appropriation item 935411.	154294

(E) There is hereby created the Educational Technology	154295
Practice Office as a cross-functional office comprised of	154296
employees of the Ohio Board of Regents and the Department of	154297
Education, including former employees of the eTech Ohio Commission	154298
transferred to the Ohio Board of Regents and the Department of	154299
Education. The Office shall work with educational service centers	154300
and information technology centers to develop digital learning,	154301
blended learning, and professional development materials using	154302
shared infrastructure. The Office shall also evaluate new	154303
educational technology and methodologies of teaching and learning	154304
and work with educators to increase awareness of such new	154305
technology and methodologies shown to be helpful to Ohio students.	154306

Section 263.473. Notwithstanding section 3321.01 of the	154307
Revised Code, no student who has been admitted to and has	154308
successfully completed kindergarten in the 2012-2013 school year	154309
shall be required to repeat kindergarten based solely on the age	154310
of the student.	154311

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

154312

(A) As used in this section:

154313

(1) The following are "participating residential treatment	154314
centers":	154315

(a) Private residential treatment facilities that have	154316
entered into a contract with the Department of Youth Services to	154317
provide services to children placed at the facility by the	154318
Department and which, in fiscal year 2014 or fiscal year 2015 or	154319
both, the Department pays through appropriation item 470401,	154320
RECLAIM Ohio;	154321

(b) Abraxas, in Shelby;

154322

154323

(d) F.I.R.S.T., in Mansfield.

154324

(2) "Education program" means an elementary or secondary	154325
education program or a special education program and related	154326
services.	154327

(3) "Served child" means any child receiving an education	154328
program pursuant to division (B) of this section.	154329

(4) "School district responsible for tuition" means a city,	154330
exempted village, or local school district that, if tuition	154331
payment for a child by a school district is required under law	154332
that existed in fiscal year 1998, is the school district required	154333
to pay that tuition.	154334

(5) "Residential child" means a child who resides in a	154335
participating residential treatment center and who is receiving an	154336
educational program under division (B) of this section.	154337

(B) A youth who is a resident of the state and has been	154338
assigned by a juvenile court or other authorized agency to a	154339
residential treatment facility specified in division (A) of this	154340
section shall be enrolled in an approved educational program	154341
located in or near the facility. Approval of the educational	154342
program shall be contingent upon compliance with the criteria	154343
established for such programs by the Department of Education. The	154344
educational program shall be provided by a school district or	154345
educational service center, or by the residential facility itself.	154346
Maximum flexibility shall be given to the residential treatment	154347
facility to determine the provider. In the event that a voluntary	154348
agreement cannot be reached and the residential facility does not	154349
choose to provide the educational program, the educational service	154350
center in the county in which the facility is located shall	154351
provide the educational program at the treatment center to	154352
children under twenty-two years of age residing in the treatment	154353
center.	154354

(C) Any school district responsible for tuition for a	154355
residential child shall, notwithstanding any conflicting provision	154356
of the Revised Code regarding tuition payment, pay tuition for the	154357
child for fiscal year 2014 and fiscal year 2015 to the education	154358
program provider and in the amount specified in this division. If	154359
there is no school district responsible for tuition for a	154360
residential child and if the participating residential treatment	154361
center to which the child is assigned is located in the city,	154362
exempted village, or local school district that, if the child were	154363
not a resident of that treatment center, would be the school	154364
district where the child is entitled to attend school under	154365
sections 3313.64 and 3313.65 of the Revised Code, that school	154366
district, notwithstanding any conflicting provision of the Revised	154367
Code, shall pay tuition for the child for fiscal year 2014 and	154368
fiscal year 2015 under this division unless that school district	154369
is providing the educational program to the child under division	154370
(B) of this section.	154371

A tuition payment under this division shall be made to the	154372
school district, educational service center, or residential	154373
treatment facility providing the educational program to the child.	154374

The amount of tuition paid shall be:

154375

(1) The amount of tuition determined for the district under	154376
division (A) of section 3317.08 of the Revised Code;	154377

(2) In addition, for any student receiving special education	154378
pursuant to an individualized education program as defined in	154379
section 3323.01 of the Revised Code, a payment for excess costs.	154380
This payment shall equal the actual cost to the school district,	154381
educational service center, or residential treatment facility of	154382
providing special education and related services to the student	154383
pursuant to the student's individualized education program, minus	154384
the tuition paid for the child under division (C)(1) of this	154385
section.	154386

A school district paying tuition under this division shall	154387
not include the child for whom tuition is paid in the district's	154388
average daily membership certified under division (A) of section	154389
3317.03 of the Revised Code.	154390

(D) In each of fiscal years 2014 and 2015, the Department of	154391
Education shall reimburse, from appropriations made for the	154392
purpose, a school district, educational service center, or	154393
residential treatment facility, whichever is providing the	154394
service, that has demonstrated that it is in compliance with the	154395
funding criteria for each served child for whom a school district	154396
must pay tuition under division (C) of this section. The amount of	154397
the reimbursement shall be the amount appropriated for this	154398
purpose divided by the full-time equivalent number of children for	154399
whom reimbursement is to be made.	154400

(E) Funds provided to a school district, educational service	154401
center, or residential treatment facility under this section shall	154402
be used to supplement, not supplant, funds from other public	154403
sources for which the school district, service center, or	154404
residential treatment facility is entitled or eligible.	154405

(F) The Department of Education shall track the utilization	154406
of funds provided to school districts, educational service	154407
centers, and residential treatment facilities under this section	154408
and monitor the effect of the funding on the educational programs	154409
they provide in participating residential treatment facilities.	154410
The Department shall monitor the programs for educational	154411
accountability.	154412

Section 265.10. ELC OHIO ELECTIONS COMMISSION

154413

General Revenue Fund	154414

GRF	051321		Operating Expenses		$	333,117		$	333,117		154415
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		154416

General Services Fund Group	154417

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	154418
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	154419
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	154420

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	154422
DIRECTORS	154423

General Services Fund Group	154424

4K90	881609	Operating Expenses	$	737,000	$	741,000	154425
TOTAL GSF General Services							154426
Fund Group			$	737,000	$	741,000	154427
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	154428

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

154430

Accrued Leave Liability Fund Group	154431

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	154432
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	154433
TOTAL ALF Accrued Leave Liability							154434
Fund Group			$	100,087,989	$	102,309,274	154435

Agency Fund Group	154436

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	154437
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	154438
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	154439
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	154440
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	154441
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	154442
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	154443
					154444

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

154445

ACCRUED LEAVE LIABILITY FUND

154446

The foregoing appropriation item 995666, Accrued Leave Fund,	154447
shall be used to make payments from the Accrued Leave Liability	154448
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	154449
If it is determined by the Director of Budget and Management that	154450
additional amounts are necessary, the amounts are hereby	154451
appropriated.	154452

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

154453

The foregoing appropriation item 995667, Disability Fund,	154454
shall be used to make payments from the State Employee Disability	154455
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	154456
Revised Code. If it is determined by the Director of Budget and	154457
Management that additional amounts are necessary, the amounts are	154458
hereby appropriated.	154459

PAYROLL DEDUCTION FUND

154460

The foregoing appropriation item 995673, Payroll Deductions,	154461
shall be used to make payments from the Payroll Deduction Fund	154462
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	154463
is determined by the Director of Budget and Management that	154464
additional appropriation amounts are necessary, the amounts are	154465
hereby appropriated.	154466

STATE EMPLOYEE HEALTH BENEFIT FUND

154467

The foregoing appropriation item 995668, State Employee	154468
Health Benefit Fund, shall be used to make payments from the State	154469
Employee Health Benefit Fund (Fund 8080) pursuant to section	154470
124.87 of the Revised Code. If it is determined by the Director of	154471
Budget and Management that additional amounts are necessary, the	154472
amounts are hereby appropriated.	154473

DEPENDENT CARE SPENDING FUND

154474

The foregoing appropriation item 995669, Dependent Care	154475
Spending Account, shall be used to make payments from the	154476
Dependent Care Spending Fund (Fund 8090) to employees eligible for	154477
dependent care expenses pursuant to section 124.822 of the Revised	154478
Code. If it is determined by the Director of Budget and Management	154479
that additional amounts are necessary, the amounts are hereby	154480
appropriated.	154481

LIFE INSURANCE INVESTMENT FUND

154482

The foregoing appropriation item 995670, Life Insurance	154483
Investment Fund, shall be used to make payments from the Life	154484
Insurance Investment Fund (Fund 8100) for the costs and expenses	154485
of the state's life insurance benefit program pursuant to section	154486
125.212 of the Revised Code. If it is determined by the Director	154487
of Budget and Management that additional amounts are necessary,	154488
the amounts are hereby appropriated.	154489

PARENTAL LEAVE BENEFIT FUND

154490

The foregoing appropriation item 995671, Parental Leave	154491
Benefit Fund, shall be used to make payments from the Parental	154492
Leave Benefit Fund (Fund 8110) to employees eligible for parental	154493
leave benefits pursuant to section 124.137 of the Revised Code. If	154494
it is determined by the Director of Budget and Management that	154495
additional amounts are necessary, the amounts are hereby	154496
appropriated.	154497

HEALTH CARE SPENDING ACCOUNT FUND

154498

The foregoing appropriation item 995672, Health Care Spending	154499
Account, shall be used to make payments from the Health Care	154500
Spending Account Fund (Fund 8130) for payments pursuant to state	154501
employees' participation in a flexible spending account for	154502
non-reimbursed health care expenses and section 124.821 of the	154503
Revised Code. If it is determined by the Director of	154504
Administrative Services that additional appropriation amounts are	154505
necessary, the Director of Administrative Services may request	154506
that the Director of Budget and Management increase such amounts.	154507
Such amounts are hereby appropriated.	154508

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

154509

On July 1, 2013, or as soon as possible thereafter, the	154510
Director of Budget and Management shall transfer $735,000 cash	154511
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	154512
Fund (Fund 4270) used by the Department of Administrative	154513
Services, and up to $5,200,000 cash from the Cost Savings Fund	154514
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	154515
support accrued leave payouts to state employees who are	154516
participating in an annual leave conversion or who are separating	154517
from state service.	154518

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

154519

General Revenue Fund	154520

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		154521
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		154522

General Services Fund Group	154523

5720	125603	Training and Publications	$	85,000	$	85,000	154524
TOTAL GSF General Services							154525
Fund Group			$	85,000	$	85,000	154526
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	154527

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

154529

General Services Fund Group	154530

4K90	892609	Operating	$	996,938	$	993,889	154531
TOTAL GSF General Services							154532
Fund Group			$	996,938	$	993,889	154533
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	154534

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

154536

General Revenue Fund	154537

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		154538
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		154539

General Services Fund Group	154540

1990	715602	Laboratory Services	$	252,153	$	326,029	154541
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	154542
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	154543
4D50	715618	Recycled State Materials	$	50,000	$	50,000	154544
TOTAL GSF General Services							154545
Fund Group			$	13,157,833	$	13,233,709	154546

Federal Special Revenue Fund Group	154547

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	154548
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	154549
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	154550
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	154551
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	154552
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	154553
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	154554
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	154555
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	154556
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	154557
3V70	715606	Agencywide Grants	$	600,000	$	600,000	154558
TOTAL FED Federal Special Revenue							154559
Fund Group			$	46,531,800	$	46,016,675	154560

State Special Revenue Fund Group	154561

4J00	715638	Underground Injection Control	$	389,126	$	402,697	154562
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	154563
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	154564
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	154565
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	154566
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	154567
4P50	715654	Cozart Landfill	$	100,000	$	100,000	154568
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	154569
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	154570
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	154571
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	154572
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	154573
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	154574
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	154575
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	154576
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	154577
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	154578
5420	715671	Risk Management Reporting	$	208,936	$	214,826	154579
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	154580
5BC0	715617	Clean Ohio	$	611,455	$	611,455	154581
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	154582
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	154583
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	154584
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	154585
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	154586
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	154587
5BC0	715678	Corrective Actions	$	705,423	$	705,423	154588
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	154589
5BC0	715692	Administration	$	10,582,627	$	10,582,627	154590
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	154591
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	154592
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	154593
5H40	715664	Groundwater Support	$	128,212	$	223,212	154594
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	154595
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	154596
6600	715629	Infectious Waste Management	$	88,764	$	88,764	154597
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	154598
6780	715635	Air Toxic Release	$	133,636	$	133,636	154599
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	154600
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	154601
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	154602
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	154603
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	154604

Clean Ohio Conservation Fund Group	154605

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	154606
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	154607
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	154608

AREAWIDE PLANNING AGENCIES

154609

The Director of Environmental Protection Agency may award	154610
grants from appropriation item 715687, Areawide Planning Agencies,	154611
to areawide planning agencies engaged in areawide water quality	154612
management and planning activities in accordance with Section 208	154613
of the "Federal Clean Water Act," 33 U.S.C. 1288.	154614

CASH TRANSFERS

154615

On July 1, 2013, or as soon as possible thereafter, the	154616
Director of Budget and Management may transfer up to $11,400,000	154617
cash from the Hazardous Waste Management Fund (Fund 5030) to the	154618
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	154619
corrective action programs that were transferred to the Division	154620
of Environmental Response and Revitalization.	154621

On July 1, 2013, or as soon as possible thereafter, the	154622
Director of Environmental Protection shall certify to the Director	154623
of Budget and Management the cash balance in the Dredge and Fill	154624
Fund (Fund 5N20). The Director of Budget and Management shall	154625
transfer the certified amount from Fund 5N20 to the Surface Water	154626
Protection Fund (Fund 4K40). Any existing encumbrances against	154627
appropriation item 715613, Dredge and Fill, shall be canceled and	154628
reestablished against appropriation item 715650, Surface Water	154629
Protection. The reestablished encumbrance amounts are hereby	154630
appropriated and Fund 5N20 is abolished.	154631

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

154632

General Revenue Fund	154633

GRF	172321	Operating Expenses	$	545,530	$	545,530	154634
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	154635
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	154636

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

154638

General Revenue Fund	154639

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	154640
GRF	935402	Ohio Government Telecommunications Services	$	1,252,089	$	1,252,089	154641
GRF	935408	General Operations	$	495,000	$	495,000	154642
GRF	935409	Technology Operations	$	2,743,962	$	2,743,962	154643
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	154644
GRF	935412	Information Technology	$	500,000	$	500,000	154645
TOTAL GRF General Revenue Fund			$	7,813,706	$	7,813,706	154646

General Services Fund Group	154647

4F30	935603	Affiliate Services	$	50,000	$	50,000	154648
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	154649
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	154650

State Special Revenue Fund Group	154651

5FK0	935608		Media Services		$	491,373		$	491,373		154652
TOTAL SSR State Special Revenue Fund Group					$	491,373		$	491,373		154653

TOTAL ALL BUDGET FUND GROUPS

8,380,079

154654

Section 278.20. STATEHOUSE NEWS BUREAU

154656

The foregoing appropriation item 935401, Statehouse News	154657
Bureau, shall be used solely to support the operations of the Ohio	154658
Statehouse News Bureau.	154659

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

154660

The foregoing appropriation item 935402, Ohio Government	154661
Telecommunications Services, shall be used solely to support the	154662
operations of Ohio Government Telecommunications Services which	154663
include providing multimedia support to the state government and	154664
its affiliated organizations and broadcasting the activities of	154665
the legislative, judicial, and executive branches of state	154666
government, among its other functions.	154667

TECHNOLOGY OPERATIONS

154668

The foregoing appropriation item 935409, Technology	154669
Operations, shall be used by the Broadcast Educational Media	154670
Commission to pay expenses of the network infrastructure, which	154671
includes the television and radio transmission infrastructure and	154672
infrastructure that shall link all public K-12 classrooms to each	154673
other and to the Internet, and provide access to voice, video,	154674
other communication services, and data educational resources for	154675
students and teachers.	154676

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

154677

The foregoing appropriation item 935410, Content Development,	154678
Acquisition, and Distribution, shall be used for the development,	154679
acquisition, and distribution of information resources by public	154680
media and radio reading services and for educational use in the	154681
classroom and online.	154682

Of the foregoing appropriation item 935410, Content	154683
Development, Acquisition, and Distribution, up to $658,099 in each	154684
fiscal year shall be allocated equally among the Ohio educational	154685
television stations. Funds shall be used for the production of	154686
interactive instructional programming series with priority given	154687
to resources aligned with state academic content standards. The	154688
programming shall be targeted to the needs of the poorest two	154689
hundred school districts as determined by the district's adjusted	154690
valuation per pupil as defined in former section 3317.0213 of the	154691
Revised Code as that section existed prior to June 30, 2005.	154692

Of the foregoing appropriation item 935410, Content	154693
Development, Acquisition, and Distribution, up to $1,749,283 in	154694
each fiscal year shall be distributed by the Broadcast Educational	154695
Media Commission to Ohio's qualified public educational television	154696
stations and educational radio stations to support their	154697
operations. The funds shall be distributed pursuant to an	154698
allocation formula used by the Ohio Educational Telecommunications	154699
Network Commission unless a substitute formula is developed by the	154700
Broadcast Educational Media Commission in consultation with Ohio's	154701
qualified public educational television stations and educational	154702
radio stations.	154703

Of the foregoing appropriation item 935410, Content	154704
Development, Acquisition, and Distribution, up to $199,712 in each	154705
fiscal year shall be distributed by the Broadcast Educational	154706
Media Commission to Ohio's qualified radio reading services to	154707
support their operations. The funds shall be distributed pursuant	154708
to an allocation formula used by the Ohio Educational	154709
Telecommunications Network Commission unless a substitute formula	154710
is developed by the Broadcast Educational Media Commission in	154711
consultation with Ohio's qualified radio reading services.	154712

Section 279.10. ETH OHIO ETHICS COMMISSION

154713

General Revenue Fund	154714

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		154715
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		154716

General Services Fund Group	154717

4M60	146601	Operating Expenses	$	636,388	$	641,000	154718
TOTAL GSF General Services							154719
Fund Group			$	636,388	$	641,000	154720
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	154721

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

154723

General Revenue Fund	154724

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	154725
GRF	723501	Construction Planning	$	670,000	$	0	154726
TOTAL GRF General Revenue Fund			$	920,000	$	250,000	154727

State Special Revenue Fund Group	154728

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	154729
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	154730
TOTAL SSR State Special Revenue							154731
Fund Group			$	13,129,000	$	13,129,000	154732
TOTAL ALL BUDGET FUND GROUPS			$	14,049,000	$	13,379,000	154733

CONSTRUCTION PLANNING

154734

The foregoing appropriation item 723501, Construction	154735
Planning, shall be used for acquiring purchased services for new	154736
and renovated facility planning, including, but not limited to,	154737
necessary architectural engineering, land or facility use	154738
consulting services, and facility construction. An amount equal to	154739
the unexpended, unencumbered portion of the foregoing	154740
appropriation item 723501, Construction Planning, is hereby	154741
reappropriated for the same purpose in FY 2015.	154742

STATE FAIR RESERVE

154743

The General Manager of the Expositions Commission, in	154744
consultation with the Director of Budget and Management, may	154745
submit a request to the Controlling Board to use available amounts	154746
in the State Fair Reserve Fund (Fund 6400) if revenues for the	154747
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	154748
unexpectedly low.	154749

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

154750

General Revenue Fund	154751

GRF	230401	Lease Rental Payments - Cultural Facilities	$	10,550,568	$	29,854,500	154752
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	154753
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	154754
TOTAL GRF General Revenue Fund			$	364,852,419	$	409,464,951	154755

General Services Fund Group	154756

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		154757
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		154758

State Special Revenue Fund Group	154759

4T80	230603	Community Project Administration	$	150,000	$	200,000	154760
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	154761
TOTAL SSR State Special Revenue							154762
Fund Group			$	8,700,000	$	8,750,000	154763
TOTAL ALL BUDGET FUND GROUPS			$	383,015,761	$	427,678,293	154764

Section 282.20. LEASE RENTAL PAYMENTS

154766

The foregoing appropriation item 230401, Lease Rental	154767
Payments - Cultural Facilities, shall be used to meet all payments	154768
at the times they are required to be made during the period from	154769
January 1, 2014, through June 30, 2015, from the Ohio Facilities	154770
Construction Commission under the primary leases and agreements	154771
for those arts and sports facilities made under Chapters 152. and	154772
154. of the Revised Code. These appropriations are the source of	154773
funds pledged for bond service charges on related obligations	154774
issued under Chapters 152. and 154. of the Revised Code.	154775

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

154776

The foregoing appropriation item 230908, Common Schools	154777
General Obligation Debt Service, shall be used to pay all debt	154778
service and related financing costs at the times they are required	154779
to be made during the period from July 1, 2013, through June 30,	154780
2015, for obligations issued under sections 151.01 and 151.03 of	154781
the Revised Code.	154782

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

154783

The foregoing appropriation item 230603, Community Project	154784
Administration, shall be used by the Ohio Facilities Construction	154785
Commission in administering Cultural and Sports Facilities	154786
Building Fund (Fund 7030) projects pursuant to section 123.201 of	154787
the Revised Code.	154788

Section 282.40. OPERATING EXPENSES

154789

The foregoing appropriation item 230644, Operating Expenses,	154790
shall be used by the Ohio School Facilities Commission to carry	154791
out its responsibilities under this section and Chapter 3318. of	154792
the Revised Code.	154793

In both fiscal years 2014 and 2015, the Executive Director of	154794
the Ohio School Facilities Commission shall certify on a quarterly	154795
basis to the Director of Budget and Management the amount of cash	154796
from interest earnings to be transferred from the School Building	154797
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	154798
7021), and the Educational Facilities Trust Fund (Fund N087) to	154799
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	154800
transferred from the School Building Assistance Fund (Fund 7032)	154801
may not exceed investment earnings credited to the fund, less any	154802
amount required to be paid for federal arbitrage rebate purposes.	154803

If the Executive Director of the Ohio Facilities Construction	154804
Commission determines that transferring cash from interest	154805
earnings is insufficient to support operations and carry out its	154806
responsibilities under this section and Chapter 3318. of the	154807
Revised Code, the Commission may, with the approval of the	154808
Controlling Board, transfer cash not generated from interest from	154809
the Public School Building Fund (Fund 7021) and the Educational	154810
Trust Fund (Fund N087) to the Ohio School Facilities Commission	154811
Fund (Fund 5E30).	154812

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

154813

At the request of the Executive Director of the Ohio School	154814
Facilities Commission, the Director of Budget and Management may	154815
cancel encumbrances for school district projects from a previous	154816
biennium if the district has not raised its local share of project	154817
costs within thirteen months of receiving Controlling Board	154818
approval under section 3318.05 or 3318.41 of the Revised Code. The	154819
Executive Director of the Ohio School Facilities Commission shall	154820
certify the amounts of the canceled encumbrances to the Director	154821
of Budget and Management on a quarterly basis. The amounts of the	154822
canceled encumbrances are hereby appropriated.	154823

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	154824
APPROPRIATIONS	154825

On January 1, 2014, or as soon as possible thereafter, the	154826
Executive Director of the Facilities Construction Commission shall	154827
certify to the Director of Budget and Management the amount of	154828
cash receipts and related investment income, irrevocable letters	154829
of credit from a bank, or certification of the availability of	154830
funds that have been received from a county or a municipal	154831
corporation for deposit into the Capital Donations Fund (Fund	154832
5A10) and that are related to an anticipated project. These	154833
amounts are hereby appropriated to appropriation item C37146,	154834
Capital Donations. Prior to certifying these amounts to the	154835
Director, the Executive Director shall make a written agreement	154836
with the participating entity on the necessary cash flows required	154837
for the anticipated construction or equipment acquisition project.	154838

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	154839
MAINTENANCE LEVY	154840

The Ohio School Facilities Commission shall amend the project	154841
agreement between the Commission and a school district that is	154842
participating in the Accelerated Urban School Building Assistance	154843
Program on the effective date of this section, if the Commission	154844
determines that it is necessary to do so in order to comply with	154845
division (B)(3)(c) of section 3318.38 of the Revised Code.	154846

Section 282.70. Notwithstanding any other provision of law to	154847
the contrary, the Ohio School Facilities Commission may determine	154848
the amount of funding available for disbursement in a given fiscal	154849
year for any project approved under sections 3318.01 to 3318.20 of	154850
the Revised Code in order to keep aggregate state capital spending	154851
within approved limits and may take actions including, but not	154852
limited to, determining the schedule for design or bidding of	154853
approved projects, to ensure appropriate and supportable cash	154854
flow.	154855

Section 282.80. Notwithstanding division (B) of section	154856
3318.40 of the Revised Code, the Ohio School Facilities Commission	154857
may provide assistance to at least one joint vocational school	154858
district each fiscal year for the acquisition of classroom	154859
facilities in accordance with sections 3318.40 to 3318.45 of the	154860
Revised Code.	154861

Section 282.90. Effective January 1, 2014, the Ohio Cultural	154862
Facilities Commission is abolished. Except as otherwise provided	154863
in this section, all obligations of the Ohio Cultural Facilities	154864
Commission under agreements to which the Ohio Cultural Facilities	154865
Commission is a party, and all records and assets of the Ohio	154866
Cultural Facilities Commission, including, without limitation,	154867
equipment, inventory, contract rights, accounts, and general	154868
intangibles, are transferred to the Ohio Facilities Construction	154869
Commission.	154870

The Ohio Facilities Construction Commission shall designate	154871
the positions, if any, to be transferred to the Ohio Facilities	154872
Construction Commission, along with any equipment assigned to	154873
those positions. Any employee transferred to the Ohio Facilities	154874
Construction Commission retains the employee's respective	154875
classification, but the Ohio Facilities Construction Commission	154876
may reassign and reclassify the employee's position and	154877
compensation as the Ohio Facilities Construction Commission	154878
determines to be in the best interest of office administration.	154879

The Ohio Facilities Construction Commission shall complete	154880
any activities related to the design, planning, construction, and	154881
related management functions commenced but not completed by the	154882
Ohio Cultural Facilities Commission in the same manner and with	154883
the same effect as if the Ohio Cultural Facilities Commission had	154884
completed them. The consolidation of the commissions shall not	154885
cause the loss or impairment of any validation, cure, right,	154886
privilege, remedy, obligation, or liability, which the Ohio	154887
Facilities Construction Commission shall administer.	154888

All rules, orders, and determinations related to the design,	154889
planning, and construction and related management functions of the	154890
Ohio Cultural Facilities Commission continue in effect as rules,	154891
orders, and determinations of the Ohio Facilities Construction	154892
Commission until the Ohio Facilities Construction Commission	154893
modifies or rescinds them. The Director of the Legislative Service	154894
Commission shall renumber the rules of the Ohio Cultural	154895
Facilities Commission related to that commission's design,	154896
planning, and construction and related management functions to	154897
reflect their transfer to the Ohio Facilities Construction	154898
Commission.	154899

The transfer of functions from the Ohio Cultural Facilities	154900
Commission to the Ohio Facilities Construction Commission does not	154901
affect any pending judicial or administrative action or proceeding	154902
to which the Ohio Cultural Facilities Commission is a party and	154903
that is related to that commission's design, planning,	154904
construction, capital funding, or related management functions.	154905
Any such action or proceeding shall be prosecuted or defended in	154906
the name of the Ohio Facilities Construction Commission. On	154907
application to the court or agency, the Ohio Facilities	154908
Construction Commission shall be substituted for the Ohio Cultural	154909
Facilities Commission as a party to the action or proceeding.	154910

Effective January 1, 2014, the Director of Budget and	154911
Management shall cancel any existing encumbrances against	154912
appropriation item 371603, Project Administration, and	154913
re-establish them against appropriation item 230603, Community	154914
Project Administration. The re-established encumbrance amounts are	154915
hereby appropriated. Any business commenced but not completed	154916
under appropriation item 371603 by January 1, 2014, shall be	154917
completed under appropriation item 230603 in the same manner and	154918
with the same effect as if it were completed with regard to	154919
appropriation item 371603.	154920

Funds collected as part of a management contract for the	154921
Riffe Theatres, which previously were deposited in the Ohio	154922
Cultural Facilities Commission Administration Fund (Fund 4T80),	154923
shall be credited to the Theater Equipment Maintenance Fund (Fund	154924
5MV0), which is hereby created in the State Treasury. The Director	154925
of Budget and Management shall transfer from the Ohio Cultural	154926
Facilities Commission Administration Fund to the Theater Equipment	154927
Maintenance Fund any remaining cash balances from funds collected	154928
as part of a management contract for the Riffe Theatres. In order	154929
to facilitate this transfer, the Executive Director of the Ohio	154930
Facilities Construction Commission, by January 1, 2014, or as soon	154931
as possible thereafter, shall certify to the Director of Budget	154932
and Management an estimate of the amount to be transferred. The	154933
Department of Administrative Services shall use appropriation item	154934
100662, Theater Equipment Maintenance, to spend cash in the	154935
Theater Equipment Maintenance Fund (Fund 5MV0).	154936

The Ohio Facilities Construction Commission may enter into an	154937
interagency agreement with the Department of Administrative	154938
Services for the Department to perform any of the functions	154939
transferred to the Ohio Facilities Construction Commission under	154940
this section.	154941

Any reference to the Ohio Cultural Facilities Commission in	154942
any statute, rule, contract, grant, or other document is deemed to	154943
refer to the Ohio Facilities Construction Commission.	154944

The Ohio Facilities Construction Commission, the Ohio Public	154945
Facilities Commission, and the issuing authority of any	154946
obligations issued for the financing of capital facilities for	154947
Ohio cultural facilities and Ohio sports facilities may execute	154948
instruments, documents, and agreements and may take necessary or	154949
appropriate actions to effect the orderly transfer of those	154950
obligations from the Ohio Cultural Facilities Commission to the	154951
Ohio Facilities Construction Commission.	154952

This section takes effect January 1, 2014.

154953

Section 283.10. GOV OFFICE OF THE GOVERNOR

154954

General Revenue Fund	154955

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		154956
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		154957

General Services Fund Group	154958

5AK0	040607		Government Relations		$	365,149		$	365,149		154959
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		154960

TOTAL ALL BUDGET FUND GROUPS

3,216,701

154961

GOVERNMENT RELATIONS

154962

A portion of the foregoing appropriation item 040607,	154963
Government Relations, may be used to support Ohio's membership in	154964
national or regional associations.	154965

The Office of the Governor may charge any state agency of the	154966
executive branch using an intrastate transfer voucher such amounts	154967
necessary to defray the costs incurred for the conduct of	154968
governmental relations associated with issues that can be	154969
attributed to the agency. Amounts collected shall be deposited in	154970
the Government Relations Fund (Fund 5AK0).	154971

Section 285.10. DOH DEPARTMENT OF HEALTH

154972

General Revenue Fund	154973

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	154974
GRF	440413	Local Health Departments	$	823,061	$	823,061	154975
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	154976
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	154977
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	154978
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	154979
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	154980
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	154981
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	154982
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	154983
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	154984
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	154985
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	154986
GRF	440467	Access to Dental Care	$	540,484	$	540,484	154987
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	154988
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	154989
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	154990
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	154991
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	154992
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	154993
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	154994
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	154995

State Highway Safety Fund Group	154996

4T40	440603	Child Highway Safety	$	233,894	$	233,894	154997
TOTAL HSF State Highway Safety							154998
Fund Group			$	233,894	$	233,894	154999

General Services Fund Group	155000

1420	440646	Agency Health Services	$	820,998	$	820,998	155001
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	155002
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	155003
6980	440634	Nurse Aide Training	$	99,265	$	99,265	155004
TOTAL GSF General Services							155005
Fund Group			$	36,535,854	$	36,972,732	155006

Federal Special Revenue Fund Group	155007

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	155008
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	155009
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	155010
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	155011
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	155012
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	155013
TOTAL FED Federal Special Revenue							155014
Fund Group			$	455,010,657	$	457,383,142	155015

State Special Revenue Fund Group	155016

4700	440647	Fee Supported Programs	$	25,905,250	$	26,213,586	155017
4710	440619	Certificate of Need	$	878,433	$	878,433	155018
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	155019
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	155020
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	155021
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	155022
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	155023
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	155024
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	155025
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	155026
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	155027
5CN0	440645	Choose Life	$	75,000	$	75,000	155028
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	155029
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	155030
5G40	440639	Adoption Services	$	20,000	$	20,000	155031
5L10	440623	Nursing Facility Technical Assistance Program	$	700,000	$	700,000	155032
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	155033
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	155034
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	155035
TOTAL SSR State Special Revenue							155036
Fund Group			$	69,901,542	$	70,246,022	155037

Holding Account Redistribution Fund Group	155038

R014	440631	Vital Statistics	$	44,986	$	44,986	155039
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	155040
TOTAL 090 Holding Account							155041
Redistribution Fund Group			$	64,986	$	64,986	155042

Tobacco Master Settlement Agreement Fund Group	155043

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	155044
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	155045
TOTAL ALL BUDGET FUND GROUPS			$	651,804,547	$	654,958,390	155046

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

155048

Of the foregoing appropriation item 440416, Mothers and	155049
Children Safety Net Services, $200,000 in each fiscal year shall	155050
be used to assist families with hearing impaired children under	155051
twenty-one years of age in purchasing hearing aids. The Director	155052
of Health shall adopt rules governing the distribution of these	155053
funds, including rules that do both of the following: (1)	155054
establish eligibility criteria to include families with incomes at	155055
or below four hundred per cent of the federal poverty guidelines	155056
as defined in section 5101.46 of the Revised Code, and (2) develop	155057
a sliding scale of disbursements under this section based on	155058
family income. The Director may adopt other rules as necessary to	155059
implement this section. Rules adopted under this section shall be	155060
adopted in accordance with Chapter 119. of the Revised Code.	155061

The Department shall disburse all of the funds appropriated	155062
under this section.	155063

HIV/AIDS PREVENTION/TREATMENT

155064

The foregoing appropriation item 440444, AIDS Prevention and	155065
Treatment, shall be used to assist persons with HIV/AIDS in	155066
acquiring HIV-related medications and to administer educational	155067
prevention initiatives.	155068

PUBLIC HEALTH LABORATORY

155069

A portion of the foregoing appropriation item 440451, Public	155070
Health Laboratory, shall be used for coordination and management	155071
of prevention program operations and the purchase of drugs for	155072
sexually transmitted diseases.	155073

HELP ME GROW

155074

The foregoing appropriation item 440459, Help Me Grow, shall	155075
be used by the Department of Health to implement the Help Me Grow	155076
Program. Funds shall be distributed to counties through	155077
agreements, contracts, grants, or subsidies in accordance with	155078
section 3701.61 of the Revised Code. Appropriation item 440459,	155079
Help Me Grow, may be used in conjunction with other early	155080
childhood funds and services to promote the optimal development of	155081
young children and family-centered programs and services that	155082
acknowledge and support the social, emotional, cognitive,	155083
intellectual, and physical development of children and the vital	155084
role of families in ensuring the well-being and success of	155085
children. The Department of Health shall enter into interagency	155086
agreements with the Department of Education, Department of	155087
Developmental Disabilities, Department of Job and Family Services,	155088
and Department of Mental Health and Addiction Services to ensure	155089
that all early childhood programs and initiatives are coordinated	155090
and school linked.	155091

The foregoing appropriation item 440459, Help Me Grow, may	155092
also be used for the Developmental Autism and Screening Program.	155093

INFANT VITALITY

155094

The foregoing appropriation item 440474, Infant Vitality,	155095
shall be used to fund the following projects, which are hereby	155096
created:	155097

(A) The Infant Safe Sleep Campaign to educate parents and	155098
caregivers with a uniform message regarding safe sleep	155099
environments;	155100

(B) The Progesterone Prematurity Prevention Project to enable	155101
prenatal care providers to identify, screen, treat, and track	155102
outcomes for women eligible for progesterone supplementation; and	155103

(C) The Prenatal Smoking Cessation Project to enable prenatal	155104
care providers who work with women of reproductive age, including	155105
pregnant women, to have the tools, training, and technical	155106
assistance needed to treat smokers effectively.	155107

TARGETED HEALTH CARE SERVICES OVER 21

155108

The foregoing appropriation item 440507, Targeted Health Care	155109
Services Over 21, shall be used to administer the Cystic Fibrosis	155110
Program and to implement the Hemophilia Insurance Premium Payment	155111
Program.	155112

The foregoing appropriation item 440507, Targeted Health Care	155113
Services Over 21, shall also be used to provide essential	155114
medications and to pay the copayments for drugs approved by the	155115
Department of Health and covered by Medicare Part D that are	155116
dispensed to Bureau for Children with Medical Handicaps (BCMH)	155117
participants for the Cystic Fibrosis Program.	155118

The Department shall expend all of these funds.

155119

GENETICS SERVICES

155120

The foregoing appropriation item 440608, Genetics Services	155121
(Fund 4D60), shall be used by the Department of Health to	155122
administer programs authorized by sections 3701.501 and 3701.502	155123
of the Revised Code. None of these funds shall be used to counsel	155124
or refer for abortion, except in the case of a medical emergency.	155125

MEDICALLY HANDICAPPED CHILDREN AUDIT

155126

The Medically Handicapped Children Audit Fund (Fund 4770)	155127
shall receive revenue from audits of hospitals and recoveries from	155128
third-party payers. Moneys may be expended for payment of audit	155129
settlements and for costs directly related to obtaining recoveries	155130
from third-party payers and for encouraging Medically Handicapped	155131
Children's Program recipients to apply for third-party benefits.	155132
Moneys also may be expended for payments for diagnostic and	155133
treatment services on behalf of medically handicapped children, as	155134
defined in division (A) of section 3701.022 of the Revised Code,	155135
and Ohio residents who are twenty-one or more years of age and who	155136
are suffering from cystic fibrosis or hemophilia. Moneys may also	155137
be expended for administrative expenses incurred in operating the	155138
Medically Handicapped Children's Program.	155139

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

155140

The foregoing appropriation item 440607, Medically	155141
Handicapped Children - County Assessments (Fund 6660), shall be	155142
used to make payments under division (E) of section 3701.023 of	155143
the Revised Code.	155144

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

155145

On July 1 of each fiscal year, or as soon as possible	155146
thereafter, the Director of Budget and Management may transfer	155147
$700,000 cash from the Resident Protection Fund (Fund 4E30), which	155148
is used by the Department of Medicaid, to the Nursing Facility	155149
Technical Assistance Program Fund (Fund 5L10), which is used by	155150
the Department of Health.	155151

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	155152
THE TOBACCO USE PREVENTION FUND	155153

On July 1, 2013, or as soon as possible thereafter, the	155154
Director of Budget and Management shall transfer $2,439,230 cash	155155
from the Public Health Priorities Trust Fund (Fund L087) to the	155156
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	155157
needs of the Department of Health's tobacco enforcement and	155158
cessation efforts.	155159

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	155160
STRUCTURE	155161

Upon request from the Director of Health, the Director of	155162
Budget and Management may establish new funds, new appropriation	155163
items, and appropriations in order to support the transition to a	155164
new appropriation item structure in the Department of Health's	155165
budget. Also, upon request of the Director of Health, the Director	155166
of Budget and Management may transfer appropriations between GRF	155167
appropriation items, transfer cash between any funds used by the	155168
Department of Health, abolish existing funds used by the	155169
Department of Health, and cancel and reestablish encumbrances. Any	155170
establishment of new funds or appropriation items, any transfers	155171
of appropriations or cash, and any increases in appropriation	155172
under this section are subject to Controlling Board approval.	155173

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

155174

Agency Fund Group	155175

4610	372601	Operating Expenses	$	12,500	$	12,500	155176
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	155177
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	155178

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

155180

General Revenue Fund	155181

GRF	148100	Personal Services	$	333,037	$	347,852	155182
GRF	148402	Community Programs	$	44,924	$	44,924	155183
TOTAL GRF General Revenue Fund			$	377,961	$	392,776	155184

General Services Fund Group	155185

6010	148602	Special Initiatives	$	24,558	$	24,558	155186
TOTAL GSF General Services							155187
Fund Group			$	24,558	$	24,558	155188
TOTAL ALL BUDGET FUND GROUPS			$	402,519	$	417,334	155189

Section 291.10. OHS OHIO HISTORICAL SOCIETY

155191

General Revenue Fund	155192

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	155193
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	155194
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	155195
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	155196
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	155197
GRF	360508	State Historical Grants	$	1,000,000	$	900,000	155198
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	155199
TOTAL GRF General Revenue Fund			$	10,149,625	$	10,549,625	155200

Agency Fund Group	155201

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	155202
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	155203
TOTAL ALL BUDGET FUND GROUPS			$	10,399,625	$	10,799,625	155204

SUBSIDY APPROPRIATION

155205

Upon approval by the Director of Budget and Management, the	155206
foregoing appropriation items shall be released to the Ohio	155207
Historical Society in quarterly amounts that in total do not	155208
exceed the annual appropriations. The funds and fiscal records of	155209
the society for fiscal year 2014 and fiscal year 2015 shall be	155210
examined by independent certified public accountants approved by	155211
the Auditor of State, and a copy of the audited financial	155212
statements shall be filed with the Office of Budget and	155213
Management. The society shall prepare and submit to the Office of	155214
Budget and Management the following:	155215

(A) An estimated operating budget for each fiscal year of the	155216
biennium. The operating budget shall be submitted at or near the	155217
beginning of each calendar year.	155218

(B) Financial reports, indicating actual receipts and	155219
expenditures for the fiscal year to date. These reports shall be	155220
filed at least semiannually during the fiscal biennium.	155221

The foregoing appropriations shall be considered to be the	155222
contractual consideration provided by the state to support the	155223
state's offer to contract with the Ohio Historical Society under	155224
section 149.30 of the Revised Code.	155225

STATE HISTORICAL GRANTS

155226

Of the foregoing appropriation item 360508, State Historical	155227
Grants, $200,000 in each fiscal year shall be used for the	155228
Cincinnati Museum Center, $200,000 in each fiscal year shall be	155229
used for the Western Reserve Historical Society, and $100,000 in	155230
fiscal year 2014 shall be used to complete renovations and	155231
additional construction work on the Chardon Heritage House.	155232

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

155233

General Revenue Fund	155234

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		155235
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		155236

General Services Fund Group	155237

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	155238
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	155239
TOTAL GSF General Services							155240
Fund Group			$	1,471,513	$	1,471,513	155241
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	155242

OPERATING EXPENSES

155243

On July 1, 2013, or as soon as possible thereafter, the Chief	155244
Administrative Officer of the House of Representatives may certify	155245
to the Director of Budget and Management the amount of the	155246
unexpended, unencumbered balance of the foregoing appropriation	155247
item 025321, Operating Expenses, at the end of fiscal year 2013 to	155248
be reappropriated to fiscal year 2014. The amount certified is	155249
hereby reappropriated to the same appropriation item for fiscal	155250
year 2014.	155251

On July 1, 2014, or as soon as possible thereafter, the Chief	155252
Administrative Officer of the House of Representatives may certify	155253
to the Director of Budget and Management the amount of the	155254
unexpended, unencumbered balance of the foregoing appropriation	155255
item 025321, Operating Expenses, at the end of fiscal year 2014 to	155256
be reappropriated to fiscal year 2015. The amount certified is	155257
hereby reappropriated to the same appropriation item for fiscal	155258
year 2015.	155259

HOUSE REIMBURSEMENT

155260

If it is determined by the Chief Administrative Officer of	155261
the House of Representatives that additional appropriations are	155262
necessary for the foregoing appropriation item 025601, House	155263
Reimbursement, the amounts are hereby appropriated.	155264

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

155265

State Special Revenue Fund Group	155266

5AZ0	997601	Housing Finance Agency Personal Services	$	12,526,713	$	12,850,014	155267
TOTAL SSR State Special Revenue Fund Group			$	12,526,713	$	12,850,014	155268
TOTAL ALL BUDGET FUND GROUPS			$	12,526,713	$	12,850,014	155269

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

155271

General Revenue Fund	155272

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	155273
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	155274
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	155275

General Services Fund Group	155276

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	155277
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	155278
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	155279
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	155280
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	155281

Section 299.10. INS DEPARTMENT OF INSURANCE

155283

Federal Special Revenue Fund Group	155284

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	155285
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	155286
TOTAL FED Federal Special							155287
Revenue Fund Group			$	3,270,725	$	3,270,725	155288

State Special Revenue Fund Group	155289

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	155290
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	155291
5550	820605	Examination	$	8,184,065	$	8,184,065	155292
TOTAL SSR State Special Revenue							155293
Fund Group			$	35,934,498	$	33,274,432	155294
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	155295

MARKET CONDUCT EXAMINATION

155296

When conducting a market conduct examination of any insurer	155297
doing business in this state, the Superintendent of Insurance may	155298
assess the costs of the examination against the insurer. The	155299
superintendent may enter into consent agreements to impose	155300
administrative assessments or fines for conduct discovered that	155301
may be violations of statutes or rules administered by the	155302
Superintendent. All costs, assessments, or fines collected shall	155303
be deposited to the credit of the Department of Insurance	155304
Operating Fund (Fund 5540).	155305

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

155306

The Director of Budget and Management, at the request of the	155307
Superintendent of Insurance, may transfer funds from the	155308
Department of Insurance Operating Fund (Fund 5540), established by	155309
section 3901.021 of the Revised Code, to the Superintendent's	155310
Examination Fund (Fund 5550), established by section 3901.071 of	155311
the Revised Code, only for expenses incurred in examining domestic	155312
fraternal benefit societies as required by section 3921.28 of the	155313
Revised Code.	155314

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

155315

Not later than the thirty-first day of July each fiscal year,	155316
the Director of Budget and Management shall transfer $5,000,000	155317
from the Department of Insurance Operating Fund (Fund 5540) to the	155318
General Revenue Fund.	155319

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

155320

General Revenue Fund	155321

GRF	600321	Program Support	$	31,320,964	$	31,109,751	155322
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	155323
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	155324
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	155325
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	155326
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	155327
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	155328
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	155329
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	155330
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	155331
GRF	600523	Family and Children Services	$	54,255,323	$	54,255,323	155332
GRF	600528	Adoption Services					155333
		State	$	28,623,389	$	28,623,389	155334
		Federal	$	38,202,557	$	38,202,557	155335
		Adoption Services Total	$	66,825,946	$	66,825,946	155336
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	155337
GRF	600534	Adult Protective Services	$	500,000	$	500,000	155338
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	155339
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	155340
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	155341
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	155342
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	155343
TOTAL GRF General Revenue Fund							155344
		State	$	717,380,115	$	717,380,115	155345
		Federal	$	38,202,557	$	38,202,557	155346
		GRF Total	$	755,582,672	$	755,582,672	155347

General Services Fund Group	155348

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	155349
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	155350
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	155351
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	155352
6130	600645	Training Activities	$	100,000	$	92,989	155353
TOTAL GSF General Services							155354
Fund Group			$	116,780,339	$	116,773,328	155355

Federal Special Revenue Fund Group	155356

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	155357
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	155358
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	155359
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	155360
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	155361
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	155362
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	155363
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	155364
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	155365
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	155366
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	155367
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	155368
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	155369
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	155370
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	155371
3S50	600622	Child Support Projects	$	534,050	$	534,050	155372
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	155373
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	155374
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	155375
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	155376
TOTAL FED Federal Special Revenue							155377
Fund Group			$	2,526,972,581	$	2,490,592,049	155378

State Special Revenue Fund Group	155379

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	155380
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	155381
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	155382
4F10	600609	Family and Children Activities	$	683,549	$	683,549	155383
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	155384
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	155385
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	155386
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	155387
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	155388
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	155389
TOTAL SSR State Special Revenue							155390
Fund Group			$	25,063,397	$	25,063,397	155391

Agency Fund Group	155392

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	155393
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	155394
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	155395
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	155396

Holding Account Redistribution Fund Group	155397

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	155398
R013	600644	Forgery Collections	$	10,000	$	10,000	155399
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	155400
TOTAL ALL BUDGET FUND GROUPS			$	3,570,858,989	$	3,534,471,446	155401

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	155403
FUND	155404

Within thirty days of the effective date of this act, or as	155405
soon as possible thereafter, the Director of Budget and Management	155406
shall transfer the cash balance in the County Technologies Fund	155407
(Fund 5N10) to the State and County Shared Services Fund (Fund	155408
5HL0).	155409

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	155410
FUND GROUPS	155411

The Agency Fund Group and Holding Account Redistribution Fund	155412
Group shall be used to hold revenues until the appropriate fund is	155413
determined or until the revenues are directed to the appropriate	155414
governmental agency other than the Department of Job and Family	155415
Services. If receipts credited to the Support Intercept – Federal	155416
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	155417
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	155418
Settlements Fund (Fund R012), or the Forgery Collections Fund	155419
(Fund R013) exceed the amounts appropriated from the fund, the	155420
Director of Job and Family Services may request the Director of	155421
Budget and Management to authorize expenditures from the fund in	155422
excess of the amounts appropriated. Upon the approval of the	155423
Director of Budget and Management, the additional amounts are	155424
hereby appropriated.	155425

Section 301.33. BIG BROTHERS BIG SISTERS

155426

Of the foregoing appropriation item 600410, TANF	155427
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	155428
be provided, in accordance with sections 5101.80 and 5101.801 of	155429
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	155430
provide mentoring services to children of incarcerated parents	155431
throughout the state.	155432

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

155433

(A) The foregoing appropriation item 600521, Family	155434
Assistance - Local, may be provided to county departments of job	155435
and family services to administer food assistance and disability	155436
assistance programs.	155437

(B) The foregoing appropriation item 655522, Medicaid Program	155438
Support - Local, may be provided to county departments of job and	155439
family services to administer the Medicaid program and the State	155440
Children's Health Insurance program.	155441

(C) At the request of the Director of Job and Family	155442
Services, the Director of Budget and Management may transfer	155443
appropriations between appropriation item 600521, Family	155444
Assistance - Local, and appropriation item 655522, Medicaid	155445
Program Support - Local, in order to ensure county administrative	155446
funds are expended from the proper appropriation item.	155447

Section 301.50. FOOD STAMPS TRANSFER

155448

On July 1, 2013, or as soon as possible thereafter, the	155449
Director of Budget and Management may transfer up to $1,000,000	155450
cash from the Supplemental Nutrition Assistance Program Fund (Fund	155451
3840), to the Food Assistance Fund (Fund 5ES0).	155452

Section 301.60. NAME OF FOOD STAMP PROGRAM

155453

The Director of Job and Family Services is not required to	155454
amend rules regarding the Food Stamp Program to change the name of	155455
the program to the Supplemental Nutrition Assistance Program. The	155456
Director may refer to the program as the Food Stamp Program or the	155457
Food Assistance Program in rules and documents of the Department	155458
of Job and Family Services.	155459

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

155460

The foregoing appropriation item 600540, Food Banks, shall be	155461
used to provide funds to the Ohio Association of Food Banks to	155462
purchase and distribute food products.	155463

Notwithstanding section 5101.46 of the Revised Code and any	155464
other provision in this bill, in addition to funds designated for	155465
the Ohio Association of Food Banks in this section, in fiscal year	155466
2014 and fiscal year 2015, the Director of Job and Family Services	155467
shall provide assistance from eligible funds to the Ohio	155468
Association of Food Banks in an amount up to or equal to the	155469
assistance provided in state fiscal year 2013 from all funds used	155470
by the Department, except the General Revenue Fund.	155471

Eligible nonfederal expenditures made by member food banks of	155472
the Association shall be counted by the Department of Job and	155473
Family Services toward the TANF maintenance of effort requirements	155474
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	155475
shall enter into an agreement with the Ohio Association of Food	155476
Banks, in accordance with sections 5101.80 and 5101.801 of the	155477
Revised Code, to carry out the requirements under this section.	155478

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

155479

The foregoing appropriation item 600658, Public Assistance	155480
Activities, shall be used by the Department of Job and Family	155481
Services to meet the TANF maintenance of effort requirements of 42	155482
U.S.C. 609(a)(7). When the state is assured that it will meet the	155483
maintenance of effort requirement, the Department of Job and	155484
Family Services may use funds from appropriation item 600658,	155485
Public Assistance Activities, to support public assistance	155486
activities.	155487

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	155488
COMMUNITY INITIATIVES	155489

Of the foregoing appropriation item 600689, TANF Block Grant,	155490
up to $6,540,000 in each fiscal year shall be used, in accordance	155491
with sections 5101.80 and 5101.801 of the Revised Code, to provide	155492
support to programs or organizations that provide services that	155493
align with the mission and goals of the Governor's Office of	155494
Faith-Based and Community Initiatives, as outlined in section	155495
107.12 of the Revised Code, and that further at least one of the	155496
four purposes of the TANF program, as specified in 42 U.S.C. 601.	155497

Section 301.100. INDEPENDENT LIVING INITIATIVE

155498

Of the foregoing appropriation item 600689, TANF Block Grant,	155499
up to $2,000,000 in each fiscal year shall be used, in accordance	155500
with sections 5101.80 and 5101.801 of the Revised Code, to support	155501
the Independent Living Initiative, including life skills training	155502
and work supports for older children in foster care and those who	155503
have recently aged out of foster care.	155504

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

155505

Of the foregoing appropriation item 600689, TANF Block Grant,	155506
$1,750,000 in each fiscal year shall be used to support the	155507
activities of the Kinship Permanency Incentive Program established	155508
in section 5101.802 of the Revised Code.	155509

Section 301.120. OHIO COMMISSION ON FATHERHOOD

155510

Of the foregoing appropriation item 600689, TANF Block Grant,	155511
$1,000,000 in each fiscal year shall be provided to the Ohio	155512
Commission on Fatherhood.	155513

Section 301.123. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

155514

Of the foregoing appropriation item 600689, TANF Block Grant,	155515
$500,000 in each fiscal year shall be provided, in accordance with	155516
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio	155517
Alliance of Boys and Girls Clubs to provide after-school programs	155518
that protect at-risk children and enable youth to become	155519
responsible adults.	155520

Section 301.130. DIFFERENTIAL RESPONSE

155521

In accordance with an independent evaluation of the Ohio	155522
Alternative Response Pilot Program that recommended statewide	155523
implementation, the Department of Job and Family Services shall	155524
plan the statewide expansion of the Ohio Alternative Response	155525
Pilot Program on a county by county basis, through a schedule	155526
determined by the Department. The program shall be known as the	155527
"differential response" approach as defined in section 2151.011 of	155528
the Revised Code. Notwithstanding provisions of Chapter 2151. of	155529
the Revised Code that refer to "differential response,"	155530
"traditional response," and "alternative response," those	155531
provisions shall become effective on the scheduled date of	155532
expansion of the differential response approach to that county.	155533
Prior to statewide implementation, the Department may adopt rules	155534
in accordance with Chapter 119. of the Revised Code as necessary	155535
to carry out the purposes of this section.	155536

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

155537

In collaboration with the county family and children first	155538
council, a county department of job and family services or public	155539
children services agency that receives an allocation from the	155540
Department of Job and Family Services from the foregoing	155541
appropriation item 600523, Family and Children Services, or	155542
600533, Child, Family, and Adult Community & Protective Services,	155543
may transfer a portion of either or both allocations to a flexible	155544
funding pool as authorized by the section of this act titled	155545
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	155546

Section 301.143. CHILDREN'S CRISIS CARE FACILITIES

155547

Of the foregoing appropriation item 600523, Family and	155548
Children Services, $150,000 in each fiscal year shall be provided	155549
to children's crisis care facilities, as defined in section	155550
5103.13 of the Revised Code. The Director of Job and Family	155551
Services shall allocate funds based on the number of children at	155552
each facility. A children's crisis care facility may decline to	155553
receive funds provided for under this section. A children's crisis	155554
care facility that accepts funds provided under this section shall	155555
use the funds in accordance with section 5103.13 of the Revised	155556
Code and rules in section 5101:2-9-36 of the Administrative Code.	155557

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	155558
PROTECTIVE SERVICES	155559

(A) The foregoing appropriation item 600533, Child, Family,	155560
and Adult Community & Protective Services, shall be distributed to	155561
each county department of job and family services using the	155562
formula the Department of Job and Family Services uses when	155563
distributing Title XX funds to county departments of job and	155564
family services under section 5101.46 of the Revised Code. County	155565
departments shall use the funds distributed to them under this	155566
section as follows, in accordance with the written plan of	155567
cooperation entered into under section 307.983 of the Revised	155568
Code:	155569

(1) To assist individuals achieve or maintain	155570
self-sufficiency, including by reducing or preventing dependency	155571
among individuals with family income not exceeding two hundred per	155572
cent of the federal poverty guidelines;	155573

(2) Subject to division (B) of this section, to respond to	155574
reports of abuse, neglect, or exploitation of children and adults,	155575
including through the differential response approach program	155576
developed under Section 309.50.10 of this act;	155577

(3) To provide outreach and referral services regarding home	155578
and community-based services to individuals at risk of placement	155579
in a group home or institution, regardless of the individuals'	155580
family income and without need for a written application;	155581

(4) To provide outreach, referral, application assistance,	155582
and other services to assist individuals receive assistance,	155583
benefits, or services under Medicaid; Title IV-A programs, as	155584
defined in section 5101.80 of the Revised Code; the Supplemental	155585
Nutrition Assistance Program; and other public assistance	155586
programs.	155587

(B) Protective services may be provided to a child or adult	155588
as part of a response, under division (A)(2) of this section, to a	155589
report of abuse, neglect, or exploitation without regard to a	155590
child or adult's family income and without need for a written	155591
application. The protective services may be provided if the case	155592
record documents circumstances of actual or potential abuse,	155593
neglect, or exploitation.	155594

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

155595

The foregoing appropriation item 600609, Children and Family	155596
Services Activities, shall be used to expend miscellaneous	155597
foundation funds and grants to support children and family	155598
services activities.	155599

Section 301.170. ADOPTION ASSISTANCE LOAN

155600

Of the foregoing appropriation item 600634, Adoption	155601
Assistance Loan, the Department of Job and Family Services may use	155602
up to ten per cent for administration of adoption assistance loans	155603
pursuant to section 3107.018 of the Revised Code.	155604

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

155605

The foregoing appropriation item 600660, Victims of Human	155606
Trafficking, shall be used to provide treatment, care,	155607
rehabilitation, education, housing, and assistance for victims of	155608
trafficking in persons as specified in section 5101.87 of the	155609
Revised Code. If receipts credited to the Victims of Human	155610
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	155611
the fund, the Director of Job and Family Services may request the	155612
Director of Budget and Management to authorize expenditures from	155613
the fund in excess of the amounts appropriated. Upon the approval	155614
of the Director of Budget and Management, the additional amounts	155615
are hereby appropriated.	155616

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

155617

All unexpended funds remaining at the end of fiscal year 2013	155618
that were appropriated and made available to the state under	155619
section 903(d) of the Social Security Act, as amended, in the	155620
foregoing appropriation item 600678, Federal Unemployment Programs	155621
(Fund 3V40), are hereby appropriated to the Department of Job and	155622
Family Services. Upon the request of the Director of Job and	155623
Family Services, the Director of Budget and Management may	155624
increase the appropriation for fiscal year 2014 by the amount	155625
remaining unspent from the fiscal year 2013 appropriation and may	155626
increase the appropriation for fiscal year 2015 by the amount	155627
remaining unspent from the fiscal year 2014 appropriation. The	155628
appropriation shall be used under the direction of the Department	155629
of Job and Family Services to pay for administrative activities	155630
for the Unemployment Insurance Program, employment services, and	155631
other allowable expenditures under section 903(d) of the Social	155632
Security Act, as amended.	155633

The amounts obligated pursuant to this section shall not	155634
exceed at any time the amount by which the aggregate of the	155635
amounts transferred to the account of the state under section	155636
903(d) of the Social Security Act, as amended, exceeds the	155637
aggregate of the amounts obligated for administration and paid out	155638
for benefits and required by law to be charged against the amounts	155639
transferred to the account of the state.	155640

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

155641

The foregoing appropriation item 600695, Unemployment	155642
Compensation Interest, shall be used for payment of interest costs	155643
paid to the United States Secretary of the Treasury for the	155644
repayment of accrued interest related to federal unemployment	155645
account borrowing.	155646

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

155647

General Revenue Fund	155648

GRF	029321	Operating Expenses	$	455,858	$	456,376	155649
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	155650
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	155651

OPERATING GUIDANCE

155652

The Chief Administrative Officer of the House of	155653
Representatives and the Clerk of the Senate shall determine, by	155654
mutual agreement, which of them shall act as fiscal agent for the	155655
Joint Committee on Agency Rule Review. Members of the Committee	155656
shall be paid in accordance with section 101.35 of the Revised	155657
Code.	155658

OPERATING EXPENSES

155659

On July 1, 2013, or as soon as possible thereafter, the	155660
Executive Director of the Joint Committee on Agency Rule Review	155661
may certify to the Director of Budget and Management the amount of	155662
the unexpended, unencumbered balance of the foregoing	155663
appropriation item 029321, Operating Expenses, at the end of	155664
fiscal year 2013 to be reappropriated to fiscal year 2014. The	155665
amount certified is hereby reappropriated to the same	155666
appropriation item for fiscal year 2014.	155667

On July 1, 2014, or as soon as possible thereafter, the	155668
Executive Director of the Joint Committee on Agency Rule Review	155669
may certify to the Director of Budget and Management the amount of	155670
the unexpended, unencumbered balance of the foregoing	155671
appropriation item 029321, Operating Expenses, at the end of	155672
fiscal year 2014 to be reappropriated to fiscal year 2015. The	155673
amount certified is hereby reappropriated to the same	155674
appropriation item for fiscal year 2015.	155675

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

155676

General Revenue Fund	155677

GRF	018321		Operating Expenses		$	824,900		$	847,200		155678
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		155679

General Services Fund Group	155680

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	155681
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	155682
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	155683

STATE COUNCIL OF UNIFORM STATE LAWS

155684

Notwithstanding section 105.26 of the Revised Code, of the	155685
foregoing appropriation item 018321, Operating Expenses, up to	155686
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	155687
shall be used to pay the expenses of the State Council of Uniform	155688
State Laws, including membership dues to the National Conference	155689
of Commissioners on Uniform State Laws.	155690

OHIO JURY INSTRUCTIONS FUND

155691

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	155692
grants, royalties, dues, conference fees, bequests, devises, and	155693
other gifts received for the purpose of supporting costs incurred	155694
by the Judicial Conference of Ohio in its activities as a part of	155695
the judicial system of the state as determined by the Judicial	155696
Conference Executive Committee. Fund 4030 shall be used by the	155697
Judicial Conference of Ohio to pay expenses incurred in its	155698
activities as a part of the judicial system of the state as	155699
determined by the Judicial Conference Executive Committee. All	155700
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	155701
2014 and in excess of $385,000 in fiscal year 2015 are hereby	155702
appropriated for the purposes authorized.	155703

No money in Fund 4030 shall be transferred to any other fund	155704
by the Director of Budget and Management or the Controlling Board.	155705

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

155706

General Revenue Fund	155707

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	143,016,534	$	140,232,737	155708
GRF	005406	Law-Related Education	$	236,172	$	236,172	155709
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	155710
TOTAL GRF General Revenue Fund			$	146,602,706	$	143,818,909	155711

General Services Fund Group	155712

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		155713
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		155714

Federal Special Revenue Fund Group	155715

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		155716
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		155717

State Special Revenue Fund Group	155718

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	155719
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	155720
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	155721
5T80	005609	Grants and Awards	$	25,000	$	25,000	155722
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	155723
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	155724
TOTAL ALL BUDGET FUND GROUPS			$	153,452,850	$	150,694,818	155725

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

155726

Of the foregoing appropriation item 005321, Operating	155727
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	155728
year may be used to support the functions of the State Criminal	155729
Sentencing Council, and $5,000,000 in fiscal year 2014 shall be	155730
used to support the pilot program established under the section of	155731
this act entitled "ADDICTION TREATMENT PILOT PROGRAM." Of the	155732
$5,000,000 allocated for the pilot program, the Supreme Court	155733
shall receive an amount of not more than five per cent for an	155734
administrative fee.	155735

LAW-RELATED EDUCATION

155736

The foregoing appropriation item 005406, Law-Related	155737
Education, shall be distributed directly to the Ohio Center for	155738
Law-Related Education for the purposes of providing continuing	155739
citizenship education activities to primary and secondary	155740
students, expanding delinquency prevention programs, increasing	155741
activities for at-risk youth, and accessing additional public and	155742
private money for new programs.	155743

OHIO COURTS TECHNOLOGY INITIATIVE

155744

The foregoing appropriation item 005409, Ohio Courts	155745
Technology Initiative, shall be used to fund an initiative by the	155746
Supreme Court to facilitate the exchange of information and	155747
warehousing of data by and between Ohio courts and other justice	155748
system partners through the creation of an Ohio Courts Network,	155749
the delivery of technology services to courts throughout the	155750
state, including the provision of hardware, software, and the	155751
development and implementation of educational and training	155752
programs for judges and court personnel, and operation of the	155753
Commission on Technology and the Courts by the Supreme Court for	155754
the promulgation of statewide rules, policies, and uniform	155755
standards, and to aid in the orderly adoption and comprehensive	155756
use of technology in Ohio courts.	155757

CONTINUING JUDICIAL EDUCATION

155758

The Continuing Judicial Education Fund (Fund 6720) shall	155759
consist of fees paid by judges and court personnel for attending	155760
continuing education courses and other gifts and grants received	155761
for the purpose of continuing judicial education. The foregoing	155762
appropriation item 005601, Continuing Judicial Education, shall be	155763
used to pay expenses for continuing education courses for judges	155764
and court personnel. If it is determined by the Administrative	155765
Director of the Supreme Court that additional appropriations are	155766
necessary, the amounts are hereby appropriated.	155767

No money in Fund 6720 shall be transferred to any other fund	155768
by the Director of Budget and Management or the Controlling Board.	155769
Interest earned on money in Fund 6720 shall be credited to the	155770
fund.	155771

FEDERAL GRANTS

155772

The Federal Grants Fund (Fund 3J00) shall consist of grants	155773
and other moneys awarded to the Supreme Court (The Judiciary) by	155774
the United States Government or other entities that receive the	155775
moneys directly from the United States Government and distribute	155776
those moneys to the Supreme Court (The Judiciary). The foregoing	155777
appropriation item 005603, Federal Grants, shall be used in a	155778
manner consistent with the purpose of the grant or award. If it is	155779
determined by the Administrative Director of the Supreme Court	155780
that additional appropriations are necessary, the amounts are	155781
hereby appropriated.	155782

No money in Fund 3J00 shall be transferred to any other fund	155783
by the Director of Budget and Management or the Controlling Board.	155784
However, interest earned on money in Fund 3J00 shall be credited	155785
or transferred to the General Revenue Fund.	155786

ATTORNEY SERVICES

155787

The Attorney Services Fund (Fund 4C80), formerly known as the	155788
Attorney Registration Fund, shall consist of money received by the	155789
Supreme Court (The Judiciary) pursuant to the Rules for the	155790
Government of the Bar of Ohio. In addition to funding other	155791
activities considered appropriate by the Supreme Court, the	155792
foregoing appropriation item 005605, Attorney Services, may be	155793
used to compensate employees and to fund appropriate activities of	155794
the following offices established by the Supreme Court: the Office	155795
of Disciplinary Counsel, the Board of Commissioners on Grievances	155796
and Discipline, the Clients' Security Fund, and the Attorney	155797
Services Division. If it is determined by the Administrative	155798
Director of the Supreme Court that additional appropriations are	155799
necessary, the amounts are hereby appropriated.	155800

No money in Fund 4C80 shall be transferred to any other fund	155801
by the Director of Budget and Management or the Controlling Board.	155802
Interest earned on money in Fund 4C80 shall be credited to the	155803
fund.	155804

COURT INTERPRETER CERTIFICATION

155805

The Court Interpreter Certification Fund (Fund 5HT0) shall	155806
consist of money received by the Supreme Court (The Judiciary)	155807
pursuant to Rules 80 through 87 of the Rules of Superintendence	155808
for the Courts of Ohio. The foregoing appropriation item 005617,	155809
Court Interpreter Certification, shall be used to provide	155810
training, to provide the written examination, and to pay language	155811
experts to rate, or grade, the oral examinations of those applying	155812
to become certified court interpreters. If it is determined by the	155813
Administrative Director that additional appropriations are	155814
necessary, the amounts are hereby appropriated.	155815

No money in Fund 5HT0 shall be transferred to any other fund	155816
by the Director of Budget and Management or the Controlling Board.	155817
Interest earned on money in Fund 5HT0 shall be credited to the	155818
fund.	155819

COUNTY LAW LIBRARY RESOURCES BOARD

155820

The Statewide Consortium of County Law Library Resources	155821
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	155822
to section 307.515 of the Revised Code into a county's law library	155823
resources fund and forwarded by that county's treasurer for	155824
deposit in the state treasury pursuant to division (E)(1) of	155825
section 3375.481 of the Revised Code. The foregoing appropriation	155826
item 005620, County Law Library Resources Board, shall be used for	155827
the operation of the Statewide Consortium of County Law Library	155828
Resources Boards. If it is determined by the Administrative	155829
Director of the Supreme Court that additional appropriations are	155830
necessary, the amounts are hereby appropriated.	155831

No money in Fund 5JY0 shall be transferred to any other fund	155832
by the Director of Budget and Management or the Controlling Board.	155833
Interest earned on money in Fund 5JY0 shall be credited to the	155834
fund.	155835

GRANTS AND AWARDS

155836

The Grants and Awards Fund (Fund 5T80) shall consist of	155837
grants and other money awarded to the Supreme Court (The	155838
Judiciary) by the State Justice Institute, the Division of	155839
Criminal Justice Services, or other entities. The foregoing	155840
appropriation item 005609, Grants and Awards, shall be used in a	155841
manner consistent with the purpose of the grant or award. If it is	155842
determined by the Administrative Director of the Supreme Court	155843
that additional appropriations are necessary, the amounts are	155844
hereby appropriated.	155845

No money in Fund 5T80 shall be transferred to any other fund	155846
by the Director of Budget and Management or the Controlling Board.	155847
However, interest earned on money in Fund 5T80 shall be credited	155848
or transferred to the General Revenue Fund.	155849

SUPREME COURT ADMISSIONS

155850

The foregoing appropriation item 005606, Supreme Court	155851
Admissions, shall be used to compensate Supreme Court employees	155852
who are primarily responsible for administering the attorney	155853
admissions program under the Rules for the Government of the Bar	155854
of Ohio, and to fund any other activities considered appropriate	155855
by the court. Moneys shall be deposited into the Supreme Court	155856
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	155857
Government of the Bar of Ohio. If it is determined by the	155858
Administrative Director of the Supreme Court that additional	155859
appropriations are necessary, the amounts are hereby appropriated.	155860

No money in Fund 6A80 shall be transferred to any other fund	155861
by the Director of Budget and Management or the Controlling Board.	155862
Interest earned on money in Fund 6A80 shall be credited to the	155863
fund.	155864

Section 307.20. ADDICTION TREATMENT PILOT PROGRAM

155865

(A) As used in this section:

155866

(1) "Certified drug court program" means a session of any of	155867
the following that holds initial or final certification from the	155868
Supreme Court of Ohio as a specialized docket program for drugs: a	155869
common pleas court, municipal court, or county court or a division	155870
of any of those courts.	155871

(2) "Prescriber" has the same meaning as in section 4729.01	155872
of the Revised Code.	155873

(B)(1) The Supreme Court of Ohio shall conduct a pilot	155874
program to provide addiction treatment, including	155875
medication-assisted treatment, to persons who are offenders within	155876
the criminal justice system, eligible to participate in a	155877
certified drug court program, and selected under this section to	155878
be participants in the pilot program because of their dependence	155879
on opioids, alcohol, or both.	155880

(2) The Supreme Court shall conduct the pilot program in the	155881
courts of Crawford, Franklin, Hardin, Mercer, and Scioto counties	155882
that are conducting certified drug court programs. If in any these	155883
counties there is no court conducting a certified drug court	155884
program, the Supreme Court shall conduct the pilot program in a	155885
court that is conducting a certified drug court program in another	155886
county.	155887

(3) In addition to courts of the counties listed in division	155888
(B)(2) of this section, the Supreme Court may conduct the pilot	155889
program in any court that is conducting a certified drug court	155890
program.	155891

(C) In conducting the pilot program, the Supreme Court shall	155892
collaborate with the Department of Mental Health and Addiction	155893
Services, Department of Rehabilitation and Correction, and any	155894
other state agency that it determines may be of assistance in	155895
accomplishing the objectives of the pilot program. In addition,	155896
the Supreme Court may collaborate with the boards of alcohol, drug	155897
addiction, and mental health services that serve the counties in	155898
which the courts participating in the pilot program are located.	155899

(D) Not later than sixty days after the effective date of	155900
this section, the Supreme Court shall select a nationally	155901
recognized criminal justice research institute with extensive	155902
experience in the evaluation of criminal justice and substance	155903
abuse projects to develop an evaluation plan for the pilot	155904
program. The evaluation plan shall include performance measures	155905
that reflect the purpose of the pilot program, which is to assist	155906
participants in addressing their dependence on opioids, alcohol,	155907
or both, by maintaining abstinence from the use of those	155908
substances and reducing recidivism.	155909

(E) Before any person may be enrolled as a participant in the	155910
pilot program, the evaluation plan developed by the research	155911
institute shall be put into place with each of the certified drug	155912
court programs included in the pilot program and the addiction	155913
services providers that will provide treatment to the	155914
participants.	155915

Once the evaluation plan has been put into place, the	155916
certified drug court programs shall select persons who are	155917
offenders within the criminal justice system to be participants in	155918
the pilot program. To be selected, a person must meet the legal	155919
and clinical eligibility criteria for the certified drug court	155920
program and be an active participant in the program. The total	155921
number of persons participating in the pilot program at any one	155922
time shall not exceed five hundred, except that the Supreme Court	155923
may authorize the maximum number to be exceeded in circumstances	155924
that the Court considers appropriate.	155925

After being enrolled in the pilot program, a participant	155926
shall comply with all requirements of the certified drug court	155927
program.	155928

(F) Treatment may be provided under the pilot program only by	155929
an addiction services provider that is certified under section	155930
5119.36 of the Revised Code. In serving as a treatment provider,	155931
an addiction services provider shall do all of the following:	155932

(1) Provide treatment based on an integrated service delivery	155933
model that consists of the coordination of care between a	155934
prescriber and the addiction services provider;	155935

(2) Conduct professional, comprehensive substance abuse and	155936
mental health diagnostic assessments of persons under	155937
consideration for selection as pilot program participants to	155938
determine whether they would benefit from substance abuse	155939
treatment and monitoring;	155940

(3) Determine, based on the assessments described in division	155941
(F)(2) of this section, the treatment needs of the participants	155942
served by the treatment provider;	155943

(4) Develop, for the participants served by the treatment	155944
provider, individualized goals and objectives;	155945

(5) Provide access to the long-acting antagonist therapies,	155946
partial agonist therapies, or both that are included in the pilot	155947
program's medication-assisted treatment;	155948

(6) Provide other types of therapies, including psychosocial	155949
therapies, for both substance abuse and any disorders that are	155950
considered by the treatment provider to be co-occurring disorders;	155951

(7) Monitor pilot program compliance through the use of	155952
regular drug testing, including urinalysis, of the participants	155953
being served by the treatment provider.	155954

(G) In the case of the medication-assisted treatment provided	155955
under the pilot program, all of the following conditions apply:	155956

(1) A drug may be used only if it has been approved by the	155957
United States Food and Drug Administration for use in treating	155958
dependence on opioids, alcohol, or both or for preventing relapse	155959
into the use of opioids, alcohol, or both.	155960

(2) One or more drugs may be used, but each drug that is used	155961
must constitute long-acting antagonist therapy or partial agonist	155962
therapy.	155963

(3) If a drug constituting partial agonist therapy is used,	155964
the pilot program shall provide safeguards to minimize abuse and	155965
diversion of the drug, including such safeguards as routine drug	155966
testing of the pilot program participants.	155967

(H) The research institute selected by the Supreme Court	155968
under division (D) of this section shall prepare a report of the	155969
findings obtained from the pilot program. The report shall include	155970
data derived from the drug testing and performance measures used	155971
in the pilot program. In preparing the report, the research	155972
institute shall obtain assistance from the Supreme Court.	155973

Not later than six months after the conclusion of the pilot	155974
program, the research institute shall complete its report. On	155975
completion, the research institute shall submit the report to the	155976
Governor; Chief Justice of the Supreme Court; President of the	155977
Senate; Speaker of the House of Representatives; Department of	155978
Mental Health and Addiction Services and Department of	155979
Rehabilitation and Correction; and any other state agency the	155980
Supreme Court collaborates with in conducting the pilot program.	155981

Section 309.10. LEC LAKE ERIE COMMISSION

155982

Federal Special Revenue Fund Group	155983

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		155984
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		155985

State Special Revenue Fund Group	155986

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	155987
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	155988
TOTAL SSR State Special Revenue							155989
Fund Group			$	498,942	$	539,637	155990
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	155991

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

155992

On July 1 of each fiscal year, or as soon as possible	155993
thereafter, the Director of Budget and Management may transfer	155994
cash from the funds specified below, up to the amounts specified	155995
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	155996
accept contributions and transfers made to the fund.	155997

Fund	Fund Name	User	FY 2014	FY 2015	155998
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	155999
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	156000
4700	General Operations	Department of Health	$23,500	$53,500	156001
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	156002

On July 1, 2013, or as soon as possible thereafter, the	156003
Director of Budget and Management may transfer $23,500 cash from a	156004
fund used by the Development Services Agency, as specified by the	156005
Director of Development Services, to Fund 5D80.	156006

On July 1, 2014, or as soon as possible thereafter, the	156007
Director of Budget and Management may transfer $53,500 cash from a	156008
fund used by the Development Services Agency, as specified by the	156009
Director of Development Services, to Fund 5D80.	156010

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

156011

General Revenue Fund	156012

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		156013
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		156014

General Services Fund Group	156015

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	156016
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	156017
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	156018

LEGISLATIVE ETHICS COMMITTEE

156019

On July 1, 2013, or as soon as possible thereafter, the	156020
Legislative Inspector General of the Joint Legislative Ethics	156021
Committee may certify to the Director of Budget and Management the	156022
amount of the unexpended, unencumbered balance of the foregoing	156023
appropriation item 028321, Legislative Ethics Committee, at the	156024
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	156025
The amount certified is hereby reappropriated to the same	156026
appropriation item for fiscal year 2014.	156027

On July 1, 2014, or as soon as possible thereafter, the	156028
Legislative Inspector General of the Joint Legislative Ethics	156029
Committee may certify to the Director of Budget and Management the	156030
amount of the unexpended, unencumbered balance of the foregoing	156031
appropriation item 028321, Legislative Ethics Committee, at the	156032
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	156033
The amount certified is hereby reappropriated to the same	156034
appropriation item for fiscal year 2015.	156035

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

156036

General Revenue Fund	156037

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	156038
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	156039
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	156040
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	156041
GRF	035409	National Associations	$	460,560	$	460,560	156042
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	156043
GRF	035411	Ohio Constitutional Modernization Commission	$	500,000	$	500,000	156044
TOTAL GRF General Revenue Fund			$	21,742,475	$	21,822,475	156045

General Services Fund Group	156046

4100	035601	Sale of Publications	$	10,000	$	10,000	156047
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	156048
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	156049
TOTAL GSF General Services							156050
Fund Group			$	240,000	$	240,000	156051
TOTAL ALL BUDGET FUND GROUPS			$	21,982,475	$	22,062,475	156052

OPERATING EXPENSES

156053

On July 1, 2013, or as soon as possible thereafter, the	156054
Director of the Legislative Service Commission may certify to the	156055
Director of Budget and Management the amount of the unexpended,	156056
unencumbered balance of the foregoing appropriation item 035321,	156057
Operating Expenses, at the end of fiscal year 2013 to be	156058
reappropriated to fiscal year 2014. The amount certified is hereby	156059
reappropriated to the same appropriation item for fiscal year	156060
2014.	156061

On July 1, 2014, or as soon as possible thereafter, the	156062
Director of the Legislative Service Commission may certify to the	156063
Director of Budget and Management the amount of the unexpended,	156064
unencumbered balance of the foregoing appropriation item 035321,	156065
Operating Expenses, at the end of fiscal year 2014 to be	156066
reappropriated to fiscal year 2015. The amount certified is hereby	156067
reappropriated to the same appropriation item for fiscal year	156068
2015.	156069

LEGISLATIVE TASK FORCE ON REDISTRICTING

156070

An amount equal to the unexpended, unencumbered portion of	156071
the foregoing appropriation item 035407, Legislative Task Force on	156072
Redistricting, at the end of fiscal year 2013 is hereby	156073
reappropriated to the Legislative Service Commission for the same	156074
purpose for fiscal year 2014.	156075

An amount equal to the unexpended, unencumbered portion of	156076
the foregoing appropriation item 035407, Legislative Task Force on	156077
Redistricting, at the end of fiscal year 2014 is hereby	156078
reappropriated to the Legislative Service Commission for the same	156079
purpose for fiscal year 2015.	156080

LEGISLATIVE INFORMATION SYSTEMS

156081

On July 1, 2013, or as soon as possible thereafter, the	156082
Director of the Legislative Service Commission may certify to the	156083
Director of Budget and Management the amount of the unexpended,	156084
unencumbered balance of the foregoing appropriation item 035410,	156085
Legislative Information Systems, at the end of fiscal year 2013 to	156086
be reappropriated to fiscal year 2014. The amount certified is	156087
hereby reappropriated to the same appropriation item for fiscal	156088
year 2014.	156089

On July 1, 2014, or as soon as possible thereafter, the	156090
Director of the Legislative Service Commission may certify to the	156091
Director of Budget and Management the amount of the unexpended,	156092
unencumbered balance of the foregoing appropriation item 035410,	156093
Legislative Information Systems, at the end of fiscal year 2014 to	156094
be reappropriated to fiscal year 2015. The amount certified is	156095
hereby reappropriated to the same appropriation item for fiscal	156096
year 2015.	156097

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

156098

The foregoing appropriation item 035411, Ohio Constitutional	156099
Modernization Commission, shall be used to support the operation	156100
and expenses of the Ohio Constitutional Modernization Commission	156101
under sections 103.61 to 103.67 of the Revised Code.	156102

An amount equal to the unexpended, unencumbered portion of	156103
the foregoing appropriation item 035411, Ohio Constitutional	156104
Modernization Commission, at the end of fiscal year 2013 is hereby	156105
reappropriated to the Legislative Service Commission for the same	156106
purpose for fiscal year 2014.	156107

An amount equal to the unexpended, unencumbered portion of	156108
the foregoing appropriation item 035411, Ohio Constitutional	156109
Modernization Commission, at the end of fiscal year 2014 is hereby	156110
reappropriated to the Legislative Service Commission for the same	156111
purpose for fiscal year 2015.	156112

Section 315.10. LIB STATE LIBRARY BOARD

156113

General Revenue Fund	156114

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	156115
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	156116
GRF	350502	Regional Library Systems	$	582,469	$	582,469	156117
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	156118

General Services Fund Group	156119

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	156120
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	156121
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	156122
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	156123
TOTAL GSF General Services							156124
Fund Group			$	10,209,412	$	10,498,350	156125

Federal Special Revenue Fund Group	156126

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	156127
TOTAL FED Federal Special Revenue							156128
Fund Group			$	5,303,693	$	5,120,439	156129
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	156130

OHIOANA RENTAL PAYMENTS

156131

The foregoing appropriation item 350401, Ohioana Rental	156132
Payments, shall be used to pay the rental expenses of the Martha	156133
Kinney Cooper Ohioana Library Association under section 3375.61 of	156134
the Revised Code.	156135

REGIONAL LIBRARY SYSTEMS

156136

The foregoing appropriation item 350502, Regional Library	156137
Systems, shall be used to support regional library systems	156138
eligible for funding under sections 3375.83 and 3375.90 of the	156139
Revised Code.	156140

OHIO PUBLIC LIBRARY INFORMATION NETWORK

156141

(A) The foregoing appropriation item 350604, Ohio Public	156142
Library Information Network, shall be used for an information	156143
telecommunications network linking public libraries in the state	156144
and such others as may participate in the Ohio Public Library	156145
Information Network (OPLIN).	156146

The Ohio Public Library Information Network Board of Trustees	156147
created under section 3375.65 of the Revised Code may make	156148
decisions regarding use of the foregoing appropriation item	156149
350604, Ohio Public Library Information Network.	156150

(B) The OPLIN Board shall research and assist or advise local	156151
libraries with regard to emerging technologies and methods that	156152
may be effective means to control access to obscene and illegal	156153
materials. The OPLIN Director shall provide written reports upon	156154
request within ten days to the Governor, the Speaker and Minority	156155
Leader of the House of Representatives, and the President and	156156
Minority Leader of the Senate on any steps being taken by OPLIN	156157
and public libraries in the state to limit and control such	156158
improper usage as well as information on technological, legal, and	156159
law enforcement trends nationally and internationally affecting	156160
this area of public access and service.	156161

(C) The Ohio Public Library Information Network, INFOhio, and	156162
OhioLINK shall, to the extent feasible, coordinate and cooperate	156163
in their purchase or other acquisition of the use of electronic	156164
databases for their respective users and shall contribute funds in	156165
an equitable manner to such effort.	156166

LIBRARY FOR THE BLIND

156167

The foregoing appropriation item 350605, Library for the	156168
Blind, shall be used for the statewide Talking Book Program to	156169
assist the blind and disabled.	156170

TRANSFER TO OPLIN TECHNOLOGY FUND

156171

Notwithstanding sections 5747.03 and 5747.47 of the Revised	156172
Code and any other provision of law to the contrary, in accordance	156173
with a schedule established by the Director of Budget and	156174
Management, the Director of Budget and Management shall transfer	156175
$3,689,788 cash in each fiscal year from the Public Library Fund	156176
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	156177

TRANSFER TO LIBRARY FOR THE BLIND FUND

156178

Notwithstanding sections 5747.03 and 5747.47 of the Revised	156179
Code and any other provision of law to the contrary, in accordance	156180
with a schedule established by the Director of Budget and	156181
Management, the Director of Budget and Management shall transfer	156182
$1,274,194 cash in each fiscal year from the Public Library Fund	156183
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	156184

Section 317.10. LCO LIQUOR CONTROL COMMISSION

156185

State Special Revenue Fund Group	156186

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	156187
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	156188
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	156189

Section 319.10. LOT STATE LOTTERY COMMISSION

156191

State Lottery Fund Group	156192

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	156193
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	156194
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	156195
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	156196
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	156197
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	156198
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	156199
TOTAL SLF State Lottery Fund							156200
Group			$	335,475,593	$	333,578,528	156201
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	156202

OPERATING EXPENSES

156203

Notwithstanding sections 127.14 and 131.35 of the Revised	156204
Code, the Controlling Board may, at the request of the State	156205
Lottery Commission, authorize expenditures from the State Lottery	156206
Fund in excess of the amounts appropriated, up to a maximum of 10	156207
per cent of anticipated total revenue accruing from the sale of	156208
lottery products. Upon the approval of the Controlling Board, the	156209
additional amounts are hereby appropriated.	156210

DIRECT PRIZE PAYMENTS

156211

Any amounts, in addition to the amounts appropriated in	156212
appropriation item 950601, Direct Prize Payments, that the	156213
Director of the State Lottery Commission determines to be	156214
necessary to fund prizes are hereby appropriated.	156215

ANNUITY PRIZES

156216

Upon request of the State Lottery Commission, the Director of	156217
Budget and Management may transfer cash from the State Lottery	156218
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	156219
an amount sufficient to fund deferred prizes. The Treasurer of	156220
State, from time to time, shall credit the Deferred Prizes Trust	156221
Fund (Fund 8710) the pro rata share of interest earned by the	156222
Treasurer of State on invested balances.	156223

Any amounts, in addition to the amounts appropriated in	156224
appropriation item 950602, Annuity Prizes, that the Director of	156225
the State Lottery Commission determines to be necessary to fund	156226
deferred prizes and interest earnings are hereby appropriated.	156227

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

156228

Estimated transfers from the State Lottery Fund (Fund 7044)	156229
to the Lottery Profits Education Fund (Fund 7017) are to be	156230
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	156231
2015. The Director of Budget and Management shall transfer such	156232
amounts contingent upon the availability of resources. Transfers	156233
from the State Lottery Fund to the Lottery Profits Education Fund	156234
shall represent the estimated net income from operations for the	156235
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	156236
the Director of Budget and Management to the Lottery Profits	156237
Education Fund shall be administered as the statutes direct.	156238

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

156239

General Services Fund Group	156240

4K90	996609	Operating Expenses	$	459,134	$	459,134	156241
TOTAL GSF General Services							156242
Fund Group			$	459,134	$	459,134	156243

State Special Revenue Fund Group	156244

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	156245
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	156246
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	156247

Section 323.10. MCD DEPARTMENT OF MEDICAID

156249

General Revenue Fund	156250

GRF	651425	Medicaid Program Support - State	$	150,382,299	$	156,964,636	156251
GRF	651525	Medicaid/Health Care Services					156252
		State	$	4,747,521,777	$	4,991,552,135	156253
		Federal	$	9,000,192,337	$	9,314,662,342	156254
		Medicaid/Health Care Services Total	$	13,747,714,114	$	14,306,214,477	156255
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	156256
TOTAL GRF General Revenue Fund							156257
		State	$	5,206,653,218	$	5,473,437,289	156258
		Federal	$	9,000,192,337	$	9,314,662,342	156259
		GRF Total	$	14,206,845,555	$	14,788,099,631	156260

General Services Fund Group	156261

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	156262
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	156263
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	156264

Federal Special Revenue Fund Group	156265

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	156266
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	156267
3F00	651624	Medicaid Program Support - Federal	$	409,896,401	$	410,223,399	156268
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	156269
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	156270
TOTAL FED Federal Special Revenue Fund Group			$	5,242,962,780	$	5,663,305,462	156271

State Special Revenue Fund Group	156272

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	156273
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	156274
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	156275
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	156276
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	156277
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	156278
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	156279
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	156280

Holding Account Redistribution Fund Group	156281

R055	651644	Refunds and Reconciliations	$	1,000,000	$	1,000,000	156282
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	156283
TOTAL ALL BUDGET FUND GROUPS			$	21,123,149,045	$	22,174,492,121	156284

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

156286

(A) As used in this section, "medical assistance program"	156287
means all of the following:	156288

(1) The Medicaid program established by Title XIX of the	156289
"Social Security Act," 42 U.S.C. 1396 et seq.	156290

(2) The Children's Health Insurance Program authorized by	156291
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	156292

(3) The Refugee Medical Assistance program authorized by the	156293
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	156294
1522(e).	156295

(B) On July 1, 2013, all of the following apply:

156296

(1) The Department of Medicaid is created.

156297

(2) The Department of Medicaid is to be administered by the	156298
Medicaid Director who is to be appointed by the Governor with the	156299
advice and consent of the Senate.	156300

(3) The Medicaid Director is to hold the Director's office	156301
during the term of the appointing Governor and is subject to	156302
removal at the pleasure of the Governor.	156303

(4) The Medicaid Director is the executive head of the	156304
Department of Medicaid and all duties conferred on the Department	156305
by law or order of the Director are under the Director's control	156306
and shall be performed in accordance with rules the Director	156307
adopts.	156308

(5) The Medicaid Director may appoint such employees as are	156309
necessary for the efficient operation of the Department of	156310
Medicaid and may prescribe the title and duties of the employees.	156311

(6) The Office of Medical Assistance shall cease to exist.

156312

(7) Each reference to the Department or Director of Public	156313
Welfare, Department or Director of Human Services, Department or	156314
Director of Job and Family Services, Office of Medical Assistance,	156315
or Medical Assistance Director in any statute, rule, contract,	156316
grant, or other document is deemed to refer to the Department of	156317
Medicaid or Medicaid Director, as the case may be, to the extent	156318
the reference is about a duty or authority of the Department of	156319
Medicaid or Medicaid Director regarding a medical assistance	156320
program.	156321

(8) Employees of the Office of Medical Assistance are hereby	156322
transferred to the Department of Medicaid. The vehicles and	156323
equipment assigned to the Office's employees are transferred to	156324
the Department.	156325

(9) The assets, liabilities, other equipment not provided	156326
for, and records, irrespective of form or medium, of the Office of	156327
Medical Assistance are transferred to the Department of Medicaid.	156328
The Department is the successor to, assumes the obligations of,	156329
and otherwise constitutes the continuation of, the Office.	156330

(10) Business commenced but not completed on July 1, 2013, by	156331
the Medical Assistance Director, the Office of Medical Assistance,	156332
Director of Job and Family Services, or Department of Job and	156333
Family Services regarding a medical assistance program shall be	156334
completed by the Medicaid Director or Department of Medicaid in	156335
the same manner, and with the same effect, as if completed by the	156336
Medical Assistance Director, Office of Medical Assistance,	156337
Director of Job and Family Services, or Department of Job and	156338
Family Services. No validation, cure, right, privilege, remedy,	156339
obligation, or liability is lost or impaired by reason of the	156340
transfer required by this section but shall be administered by the	156341
Medicaid Director or Department of Medicaid.	156342

(11) For the purpose of the "Social Security Act," section	156343
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	156344
shall act as the single state agency to supervise the	156345
administration of the Medicaid program. As the single state	156346
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	156347
all other federal requirements applicable to the single state	156348
agency.	156349

(D) The rules, orders, and determinations pertaining to the	156350
Office of Medical Assistance and Department of Job and Family	156351
Services regarding medical assistance programs continue in effect	156352
as rules, orders, and determinations of the Department of Medicaid	156353
until modified or rescinded by the Department of Medicaid.	156354

(E) No judicial or administrative action or proceeding	156355
pending on July 1, 2013, is affected by the transfer of functions	156356
from the Medical Assistance Director, Office of Medical	156357
Assistance, Director of Job and Family Services, or Department of	156358
Job and Family Services to the Medicaid Director or Department of	156359
Medicaid and shall be prosecuted or defended in the name of the	156360
Medicaid Director or Department of Medicaid. On application to the	156361
court or other tribunal, the Medicaid Director or Department of	156362
Medicaid shall be substituted as a party in such actions and	156363
proceedings.	156364

(F) When the Department of Medicaid created in section 121.02	156365
of the Revised Code comes into effect, it is a continuation of the	156366
Department of Medicaid created in this section.	156367

(G) A portion of the foregoing appropriation items 651425,	156368
Medicaid Program Support – State, 651525, Medicaid/Health Care	156369
Services, 651526, Medicare Part D, 651639, Medicaid Services –	156370
Recoveries, 651638, Medicaid Services - Payment Withholding,	156371
651603, Medicaid Health Information Technology, 651623, Medicaid	156372
Services – Federal, 651624, Medicaid Program Support – Federal,	156373
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	156374
Pass-Through, 651605, Resident Protection Fund, 651631, Money	156375
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	156376
651682, Health Care Grants – State, 651608, Medicaid Services –	156377
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	156378
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	156379
Managed Care Performance Payments, may be used to pay for Medicaid	156380
services and costs associated with the administration of the	156381
Medicaid program.	156382

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

156383

On July 1, 2013, or as soon as possible thereafter, the	156384
Medicaid Director shall certify to the Director of Budget and	156385
Management all medical assistance-related encumbrances held by the	156386
Department of Job and Family Services, and specify which of those	156387
encumbrances are requested to be transferred to the Department of	156388
Medicaid. The Director of Budget and Management may cancel any	156389
existing encumbrances, as certified by the Medicaid Director, and	156390
reestablish them in the Department of Medicaid. The reestablished	156391
encumbrance amounts are hereby appropriated. Any business	156392
commenced, but not completed, with regard to the encumbrances	156393
certified shall be completed by the Department of Medicaid in the	156394
same manner and with the same effect as if it were completed by	156395
the Department of Job and Family Services.	156396

On July 1, 2013, or as soon as possible thereafter, the	156397
Medicaid Director shall certify to the Director of Budget and	156398
Management all medical assistance-related receivables held by the	156399
Department of Job and Family Services, and specify which of those	156400
receivables are requested to be transferred to the Department of	156401
Medicaid. The Director of Budget and Management may cancel any	156402
existing receivables as certified by the Medicaid Director and	156403
reestablish them in the Department of Medicaid.	156404

A portion of the foregoing appropriation items 651425,	156405
Medicaid Program Support – State, 651525, Medicaid/Health Care	156406
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	156407
Services-Payment Withholding, 651624, Medicaid Program Support –	156408
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156409
Interagency Pass-Through, 651605, Resident Protection Fund,	156410
651631, Money Follows the Person, 651656, Medicaid Services –	156411
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	156412
Medicaid Services – Long Term Care, 651654, Medicaid Program	156413
Support, and 651649, Medicaid Services – HCAP, may be used to pay	156414
for medical assistance services and costs associated with the	156415
administration of the Medicaid program.	156416

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

156417

(A) As used in this section, "medical assistance program" has	156418
the same meaning as in the section of this act titled "CREATION OF	156419
THE DEPARTMENT OF MEDICAID."	156420

(B) During the period beginning July 1, 2013, and ending June	156421
30, 2015, all of the following apply:	156422

(1) The Medicaid Director has the authority to establish,	156423
change, and abolish positions for the Department of Medicaid, and	156424
to assign, reassign, classify, reclassify, transfer, reduce,	156425
promote, or demote all employees of the Department of Medicaid who	156426
are not subject to Chapter 4117. of the Revised Code.	156427

(2) As part of the transfer of medical assistance programs to	156428
the Department of Medicaid, the Director of Job and Family	156429
Services has the authority to establish, change, and abolish	156430
positions for the Department of Job and Family Services, and to	156431
assign, reassign, classify, reclassify, transfer, reduce, promote,	156432
or demote all employees of the Department of Job and Family	156433
Services who are not subject to Chapter 4117. of the Revised Code.	156434

(C) The authority granted under division (B) of this section	156435
includes assigning or reassigning an exempt employee, as defined	156436
in section 124.152 of the Revised Code, to a bargaining unit	156437
classification if the Medicaid Director or Director of Job and	156438
Family Services determines that the bargaining unit classification	156439
is the proper classification for that employee. The actions of the	156440
Medicaid Director or Director of Job and Family Services shall be	156441
consistent with the requirements of 5 C.F.R. 900.603 for those	156442
employees subject to such requirements. If an employee in the E-1	156443
pay range is to be assigned, reassigned, classified, reclassified,	156444
transferred, reduced, or demoted to a position in a lower	156445
classification during the period specified in this section, the	156446
Medicaid Director or Director of Job and Family Services, or in	156447
the case of a transfer outside the Department of Medicaid or	156448
Department of Job and Family Services, the Director of	156449
Administrative Services, shall assign the employee to the	156450
appropriate classification and place the employee in Step X. The	156451
employee shall not receive any increase in compensation until the	156452
maximum rate of pay for that classification exceeds the employee's	156453
compensation.	156454

(D) Actions taken by the Medicaid Director, Director of Job	156455
and Family Services, and Director of Administrative Services	156456
pursuant to this section are not subject to appeal to the State	156457
Personnel Board of Review.	156458

(E) A portion of the foregoing appropriation items 651425,	156459
Medicaid Program Support – State, 651603, Medicaid Health	156460
Information Technology, 651624, Medicaid Program Support –	156461
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156462
Interagency Pass-Through, 651605, Resident Protection Fund,	156463
651631, Money Follows the Person, 651682, Health Care Grants –	156464
State, and 651654, Medicaid Program Support, may be used to pay	156465
for costs associated with the administration of the Medicaid	156466
program, including the assignment, reassignment, classification,	156467
reclassification, transfer, reduction, promotion, or demotion of	156468
employees authorized by this section.	156469

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

156470

As used in this section, "medical assistance program" has the	156471
same meaning as in the section of this act titled "CREATION OF THE	156472
DEPARTMENT OF MEDICAID."	156473

The Medicaid Director and Director of Job and Family Services	156474
may jointly or separately enter into one or more contracts with	156475
public or private entities for staff training and development to	156476
facilitate the transfer of the staff and duties regarding medical	156477
assistance programs to the Department of Medicaid. Division (B) of	156478
section 127.16 of the Revised Code does not apply to contracts	156479
entered into under this section.	156480

A portion of the foregoing appropriation items 651425,	156481
Medicaid Program Support – State, 651624, Medicaid Program Support	156482
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	156483
Protection Fund, 651631, Money Follows the Person, and 651654,	156484
Medicaid Program Support, may be used to pay for costs associated	156485
with the administration of the Medicaid program, including staff	156486
training authorized under this section.	156487

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	156488
A COLLECTIVE BARGAINING SUBJECT	156489

As used in this section, "medical assistance program" has the	156490
same meaning as in the section of this act titled "CREATION OF THE	156491
DEPARTMENT OF MEDICAID."	156492

Notwithstanding sections 4117.08 and 4117.10 of the Revised	156493
Code, this act's creation of the Department of Medicaid and	156494
reassignment of the functions and duties of the Office of Medical	156495
Assistance regarding medical assistance programs are not	156496
appropriate subjects for collective bargaining under Chapter 4117.	156497
of the Revised Code.	156498

A portion of the foregoing appropriation items 651425,	156499
Medicaid Program Support – State, 651624, Medicaid Program Support	156500
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156501
Interagency Pass-Through, 651605, Resident Protection Fund,	156502
651631, Money Follows the Person, 651682, Health Care Grants –	156503
State, and 651654, Medicaid Program Support, may be used to pay	156504
for costs associated with the administration of the Medicaid	156505
program, including the reassignment of functions and duties	156506
related to the transition of the Office of Medical Assistance into	156507
the Department of Medicaid.	156508

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

156509

(A) As used in this section:

156510

(1) "Grant agreement" has the same meaning as in section	156511
5101.21 of the Revised Code.	156512

(2) "Medical assistance program" has the same meaning as in	156513
the section of this act titled "CREATION OF THE DEPARTMENT OF	156514
MEDICAID."	156515

(B) The Director of Job and Family Services and boards of	156516
county commissioners may enter into negotiations to amend an	156517
existing grant agreement or to enter into a new grant agreement	156518
regarding the transfer of medical assistance programs to the	156519
Department of Medicaid. Any such amended or new grant agreement	156520
shall be drafted in the name of the Department of Job and Family	156521
Services. The amended or new grant agreement may be executed	156522
before July 1, 2013, if the amendment or agreement does not become	156523
effective sooner than that date.	156524

(C) A portion of the foregoing appropriation items 651525,	156525
Health Care/Medicaid Services, 651603, Medicaid Health Information	156526
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	156527
Program Support – Federal, 651680, Health Care Grants – Federal,	156528
and 651682, Health Care Grants - State, may be used to pay for	156529
Medicaid services and costs associated with the administration of	156530
the Medicaid program.	156531

Section 323.10.63. EXCHANGE OF CERTAIN INFORMATION BETWEEN	156532
SPECIFIED STATE AGENCIES; HEALTH TRANSFORMATION INITIATIVES	156533

Until the amendments to sections 191.01, 191.02, 191.04, and	156534
191.06 of the Revised Code made by this act take effect in	156535
accordance with section 101.01 of this act, all of the following	156536
shall be the case:	156537

(A) The definition of "state agency" in section 191.01 of the	156538
Revised Code includes the Department of Administrative Services	156539
and the Department of Medicaid in addition to the other agencies	156540
specified in division (I)(1) to (13) of that section.	156541

(B) For the purpose of fulfilling the requirement in section	156542
191.02 of the Revised Code, the Executive Director of the Office	156543
of Health Transformation may consult with the Director of	156544
Administrative Services and the Medicaid Director in addition to	156545
the other individuals specified in divisions (A) to (O) of that	156546
section.	156547

(C) Notwithstanding any provision of the Revised Code to the	156548
contrary, the provisions in sections 191.04 and 191.06 of the	156549
Revised Code apply only for fiscal years 2013, 2014, and 2015.	156550

(D) A portion of the foregoing appropriation items 651425,	156551
Medicaid Program Support-State, 651525, Medicaid/Health Care	156552
Services, 651639, Medicaid Services-Recoveries, 651638, Medicaid	156553
Services-Payment Withholding, 651624, Medicaid Program	156554
Support-Federal, 651680, Health Care Grants-Federal, 651655,	156555
Medicaid Interagency Pass-Through, 651605, Resident Protection	156556
Fund, 651631, Money Follows the Person, 651656, Medicaid	156557
Services-Hospitals/UPL, 651682, Health Care Grants-State, 651608,	156558
Medicaid Services-Long Term Care, 651654, Medicaid Program	156559
Support, and 651649, Medicaid Services-HCAP, may be used to pay	156560
for services and costs associated with operating protocols adopted	156561
under section 191.06 of the Revised Code and this section.	156562

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

156563

On and after October 1, 2013, if necessary to ensure the	156564
integrity of the numbering of the Administrative Code, the	156565
Director of the Legislative Service Commission shall renumber the	156566
rules of the Office of Medical Assistance within the Department of	156567
Job and Family Services to reflect its transfer to the Department	156568
of Medicaid.	156569

Section 323.20. MEDICAID/HEALTH CARE SERVICES

156570

The foregoing appropriation item 651525, Medicaid/Health Care	156571
Services, shall not be limited by section 131.33 of the Revised	156572
Code.	156573

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	156574
AVOIDABLE ADMISSIONS	156575

(A) The Department of Medicaid may implement, for fiscal year	156576
2014 and fiscal year 2015, a quality incentive program to do both	156577
of the following:	156578

(1) Reduce the number of times that the following persons are	156579
admitted to hospitals and nursing facilities or utilize emergency	156580
department services when the admissions or utilizations are	156581
avoidable:	156582

(a) Medicaid recipients enrolled in a home and	156583
community-based services Medicaid waiver component administered by	156584
the Office;	156585

(b) Medicaid recipients receiving nursing services available	156586
under the home health services benefit pursuant to 42 C.F.R.	156587
440.70(b)(1);	156588

(c) Medicaid recipients receiving home health aide services	156589
available under the home health services benefit pursuant to 42	156590
C.F.R. 440.70(b)(2);	156591

(d) Medicaid recipients receiving private duty nursing	156592
services as defined in 42 C.F.R. 440.80.	156593

(2) Reduce the number of times that Medicaid recipients	156594
receiving nursing facility services are admitted to hospitals or	156595
utilize emergency department services when the admissions or	156596
utilizations are avoidable.	156597

(B) If the quality incentive program is implemented, the	156598
Department shall include in the program methods by which the	156599
Department will determine the program's actual savings to the	156600
Medicaid program and shall distribute not more than fifty per cent	156601
of the savings to participating Medicaid providers.	156602

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	156603
PROGRAM	156604

(A) As used in this section, "children's hospital" means a	156605
hospital, as defined in section 3727.01 of the Revised Code, that	156606
is located in this state, primarily serves patients eighteen years	156607
of age and younger, is subject to the Medicaid prospective payment	156608
system for hospitals established in rules adopted under section	156609
5164.02 of the Revised Code, and is excluded from Medicare	156610
prospective payments in accordance with 42 C.F.R. 412.23(d).	156611

(B) The Medicaid Director may implement, during fiscal year	156612
2014 and fiscal year 2015, a children's hospitals quality outcomes	156613
program that encourages children's hospitals to develop the	156614
following:	156615

(1) Infrastructures that are needed to care for patients in	156616
the least restrictive setting and promote the care of patients and	156617
their families;	156618

(2) Programs designed to improve birth outcomes and	156619
measurably reduce neonatal intensive care admissions;	156620

(3) Patient-centered methods to measurably reduce utilization	156621
of emergency department services for primary care needs and	156622
nonemergency health conditions;	156623

(4) Other quality-focused reforms the Director identifies.

156624

(C) Up to $6,000,000 state share plus the corresponding	156625
federal share in each fiscal year shall be used to support	156626
payments made to children's hospitals for developing programs that	156627
achieve the outcomes specified under division (B) of this section	156628
and any other measures the Medicaid Director deems appropriate.	156629

Section 323.50. UNIFIED LONG TERM CARE

156630

The foregoing appropriation item 651425, Medicaid Program	156631
Support - State, may be used to provide the preadmission screening	156632
and resident review (PASRR), which includes screening,	156633
assessments, and determinations made under sections 5119.061	156634
(renumbered section 5119.40 of the Revised Code in this act),	156635
5123.021, and 5165.04 of the Revised Code.	156636

The foregoing appropriation item 651425, Medicaid Program	156637
Support - State, may be used to assess and provide long-term care	156638
consultations under section 173.42 of the Revised Code to clients	156639
regardless of Medicaid eligibility.	156640

The foregoing appropriation item 651525, Medicaid/Health Care	156641
Services, may be used to provide nonwaiver funded PASSPORT and	156642
assisted living services to persons who the state department has	156643
determined to be eligible to participate in the nonwaiver funded	156644
PASSPORT and assisted living programs, who applied for but have	156645
not yet been determined to be financially eligible to participate	156646
in the Medicaid waiver component of the PASSPORT Home Care Program	156647
or the Assisted Living Program by a county department of job and	156648
family services, and to persons who are not eligible for Medicaid	156649
but were enrolled in the PASSPORT Program prior to July 1, 1990.	156650

The foregoing appropriation item 651425, Medicaid Program	156651
Support - State, shall be used to provide the required state match	156652
for federal Medicaid funds supporting the Medicaid waiver-funded	156653
PASSPORT Home Care Program, the Choices Program, the Assisted	156654
Living Program, and the PACE Program.	156655

The foregoing appropriation item 651525, Medicaid/Health Care	156656
Services, shall be used to provide the federal matching share of	156657
program costs determined by the Department of Medicaid to be	156658
eligible for Medicaid reimbursement for the Medicaid waiver-funded	156659
PASSPORT Home Care Program, the Choices Program, the Assisted	156660
Living Program, and the PACE Program.	156661

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	156662
OPERATIONS	156663

For fiscal year 2014 and fiscal year 2015, spending for	156664
PASSPORT administrative agencies' site operating functions	156665
relating to screening, assessments, general administrative	156666
functions, and provider relations for the Medicaid waiver-funded	156667
PASSPORT Home Care Program, Choices Program, Assisted Living	156668
Program, and PACE Program shall be at one hundred five per cent of	156669
the level provided in fiscal year 2013.	156670

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

156671

At the beginning of each quarter, or as soon as possible	156672
thereafter, the Medicaid Director shall certify to the Director of	156673
Budget and Management the amount withheld in accordance with	156674
section 5167.30 of the Revised Code for purposes of the Managed	156675
Care Performance Payment Program. Upon receiving certification,	156676
the Director of Budget and Management shall transfer cash in the	156677
amount certified from the General Revenue Fund to the Managed Care	156678
Performance Payment Fund. Appropriation item 651525,	156679
Medicaid/Health Care Services, is hereby reduced by the amount of	156680
the transfer. Upon request of the Medicaid Director and approval	156681
of the Director of Budget and Management, appropriation up to the	156682
cash balance in the Managed Care Performance Payment Fund is	156683
hereby appropriated.	156684

In addition to any other purpose authorized by law, the	156685
Department of Medicaid may use money in the Managed Care	156686
Performance Payment Fund for the following purposes for fiscal	156687
year 2014 and fiscal year 2015:	156688

(A) To meet obligations specified in provider agreements with	156689
Medicaid managed care organizations;	156690

(B) To pay for Medicaid services provided by a Medicaid	156691
managed care organization;	156692

(C) To reimburse a Medicaid managed care organization that	156693
has paid a fine for failure to meet performance standards or other	156694
requirements specified in provider agreements or rules adopted	156695
under section 5167.02 of the Revised Code if the organization	156696
comes into compliance with the standards or requirements.	156697

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

156698

(A) Except as provided in division (B) of this section, the	156699
Department of Medicaid shall not include in the care management	156700
system established under section 5167.03 of the Revised Code any	156701
individual receiving services through the program for medically	156702
handicapped children established under section 3701.023 of the	156703
Revised Code who has one or more of the following conditions:	156704

(1) Cystic fibrosis;

156705

(2) Hemophilia;

156706

(3) Cancer.

156707

(B) An individual described in division (A) of this section	156708
may be designated for participation in the care management system	156709
if the individual was receiving services through the system	156710
immediately before April 1, 2013.	156711

(C) This section applies until July 1, 2014, notwithstanding	156712
any provision of section 5167.03 of the Revised Code that	156713
otherwise authorizes or requires the designation of individuals	156714
for participation in the care management system.	156715

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	156716
HEALTH SERVICES	156717

(A) As used in this section, "community mental health	156718
services" means mental health services included in the state	156719
Medicaid plan pursuant to section 5164.15 of the Revised Code.	156720

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	156721
recipient who is under twenty-one years of age automatically	156722
satisfies all requirements for any prior authorization process for	156723
community mental health services provided under a component of the	156724
Medicaid program administered by the Department of Mental Health	156725
and Addiction Services pursuant to an interagency agreement	156726
authorized by section 5162.35 of the Revised Code if any of the	156727
following apply to the recipient:	156728

(1) The recipient is in the temporary custody or permanent	156729
custody of a public children services agency or private child	156730
placing agency or is in a planned permanent living arrangement.	156731

(2) The recipient has been placed in protective supervision	156732
by a juvenile court.	156733

(3) The recipient has been committed to the Department of	156734
Youth Services.	156735

(4) The recipient is an alleged or adjudicated delinquent or	156736
unruly child receiving services under the Felony Delinquent Care	156737
and Custody Program operated under section 5139.43 of the Revised	156738
Code.	156739

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	156740
LONG-TERM SERVICES AND SUPPORTS	156741

(A) The Joint Legislative Committee for Unified Long-Term	156742
Services and Supports created under section 309.30.73 of Am. Sub.	156743
H.B. 153 of the 129th General Assembly, as subsequently amended,	156744
shall continue to exist during fiscal year 2014 and fiscal year	156745
2015. The Committee shall consist of the following members:	156746

(1) Two members of the House of Representatives from the	156747
majority party, appointed by the Speaker of the House of	156748
Representatives;	156749

(2) One member of the House of Representatives from the	156750
minority party, appointed by the Speaker of the House of	156751
Representatives;	156752

(3) Two members of the Senate from the majority party,	156753
appointed by the President of the Senate;	156754

(4) One member of the Senate from the minority party,	156755
appointed by the President of the Senate.	156756

(B) The Speaker of the House of Representatives shall	156757
designate one of the members of the Committee appointed under	156758
division (A)(1) of this section to serve as co-chairperson of the	156759
Committee. The President of the Senate shall designate one of the	156760
members of the Committee appointed under division (A)(3) of this	156761
section to serve as the other co-chairperson of the Committee. The	156762
Committee shall meet at the call of the co-chairpersons. The	156763
co-chairpersons may request assistance for the Committee from the	156764
Legislative Service Commission.	156765

156766

(1) The implementation of the dual eligible integrated care	156767
demonstration project authorized by section 5164.91 of the Revised	156768
Code;	156769

(2) The implementation of a unified long-term services and	156770
support Medicaid waiver component under section 5166.14 of the	156771
Revised Code;	156772

(3) Providing consumers choices regarding a continuum of	156773
services that meet their health-care needs, promote autonomy and	156774
independence, and improve quality of life;	156775

(4) Ensuring that long-term care services and supports are	156776
delivered in a cost-effective and quality manner;	156777

(5) Subjecting county homes, county nursing homes, and	156778
district homes operated pursuant to Chapter 5155. of the Revised	156779
Code to the franchise permit fee under sections 5168.40 to 5168.56	156780
of the Revised Code;	156781

(6) Other issues of interest to the committee.

156782

(D) The co-chairpersons of the Committee shall provide for	156783
the Medicaid Director to testify before the Committee at least	156784
quarterly regarding the issues that the Committee examines.	156785

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	156786
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	156787
HOSPITAL INCENTIVE PAYMENT PROGRAM	156788

(A) As used in this section:

156789

(1) "Hospital" has the same meaning as in section 5168.20 of	156790
the Revised Code.	156791

(2) "Hospital Assessment Fund" means the fund created under	156792
section 5168.25 of the Revised Code.	156793

(3) "Medicaid managed care organization" has the same meaning	156794
as in section 5167.01 of the Revised Code.	156795

(B) The Department of Medicaid shall do both of the	156796
following:	156797

(1) Continue the Hospital Inpatient and Outpatient	156798
Supplemental Upper Payment Limit Program that was established	156799
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	156800
General Assembly, with any modifications necessary to implement	156801
the program as described under division (D) of this section;	156802

(2) Continue the Medicaid Managed Care Hospital Incentive	156803
Payment Program, as described under division (E) of this section.	156804

(C) The Department shall use amounts deposited into the	156805
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	156806
for the following purposes in each fiscal year:	156807

(1) To pay for costs associated with all of the following:

156808

(a) The Hospital Inpatient and Outpatient Supplemental Upper	156809
Payment Limit Program;	156810

(b) The Medicaid Managed Care Hospital Incentive Payment	156811
Program;	156812

(c) The Medicaid payment rates for hospital inpatient and	156813
outpatient services required by the section of this act entitled	156814
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT."	156815

(2) To reduce spending in appropriation item 651525,	156816
Medicaid/Health Care Services.	156817

(D)(1) Under the Hospital Inpatient and Outpatient	156818
Supplemental Upper Payment Limit Program, subject to division	156819
(D)(2) of this section, supplemental Medicaid payments shall be	156820
made to hospitals for Medicaid-covered inpatient and outpatient	156821
services. The Department shall make the payments through amounts	156822
available for the Program pursuant to division (C) of this section	156823
and any federal financial participation available for the Program.	156824

(2) The Department shall take all actions necessary to cease	156825
implementation of the Program if the United States Secretary	156826
determines that the assessment imposed under section 5168.21 of	156827
the Revised Code is an impermissible health care-related tax under	156828
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	156829

(E)(1) The purpose of the Medicaid Managed Care Hospital	156830
Incentive Payment Program is to increase access to hospital	156831
services for Medicaid recipients who are enrolled in Medicaid	156832
managed care organizations.	156833

Under the Program, subject to division (E)(2) of this	156834
section, funds shall be provided to Medicaid managed care	156835
organizations, which shall use the funds to increase payments to	156836
hospitals for providing services to Medicaid recipients who are	156837
enrolled in the organizations. The Department shall provide the	156838
funds through amounts available for the Program pursuant to	156839
division (C) of this section and any federal financial	156840
participation available for the Program.	156841

(2)(a) The Department shall not provide funds to Medicaid	156842
managed care organizations under the Program unless an actuary	156843
selected by the Department certifies that the Program would not	156844
violate the actuarial soundness of the capitation rates paid to	156845
Medicaid managed care organizations.	156846

(b) The Department shall not implement the Program in a	156847
manner that causes a hospital to receive less money from the	156848
Hospital Assessment Fund than the hospital would have received if	156849
the Program were not implemented.	156850

(c) The Department shall not implement the Program in a	156851
manner that causes a Medicaid managed care organization to receive	156852
a lower capitation payment rate solely because funds are made	156853
available to the organization under the Program.	156854

(d) The Department shall take all necessary actions to cease	156855
implementation of the Program if the United States Secretary	156856
determines that the assessment imposed under section 5168.21 of	156857
the Revised Code is an impermissible health care-related tax under	156858
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	156859

(F) The Director of Budget and Management may authorize	156860
additional expenditures from appropriation item 651623, Medicaid	156861
Services - Federal, appropriation item 651525, Medicaid/Health	156862
Care Services, and appropriation item 651656, Medicaid Services -	156863
Hospital/UPL, in order to implement the programs authorized by	156864
this section. Any amounts authorized are hereby appropriated.	156865

(G) The Medicaid Director shall adopt rules as necessary to	156866
implement this section. The rules shall provide for the applicable	156867
assessment percentage that is used for the purpose of section	156868
5168.21 of the Revised Code to be an amount that raises, from the	156869
assessments imposed on hospitals under that section, an amount the	156870
Director determines is appropriate to fund the purposes specified	156871
in division (C) of this section.	156872

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	156873
INPATIENT SERVICES	156874

(A) The Medicaid payment rates for Medicaid-covered hospital	156875
inpatient services shall be the same as the Medicaid payment rates	156876
for the services in effect on June 30, 2013, until the effective	156877
date of the first of any rules adopted under section 5164.02 of	156878
the Revised Code establishing new diagnosis-related groups for the	156879
services.	156880

(B) The Director of Budget and Management may authorize	156881
additional expenditures from appropriation item 651623, Medicaid	156882
Services – Federal, appropriation item 651525, Medicaid/Health	156883
Care Services, and appropriation item 651656, Medicaid Services –	156884
Hospital/UPL, in order to implement this section. Any amounts	156885
authorized are hereby appropriated.	156886

Section 323.105. MEDICAID RATES FOR CERTAIN HOSPITAL	156887
OUTPATIENT AND LABORATORY SERVICES	156888

(A) As used in this section:

156889

(1) "Applicable hospital outpatient and laboratory services"	156890
means the following Medicaid-covered services:	156891

(a) Hospital outpatient services paid at hospital-specific	156892
costs;	156893

(b) Hospital laboratory procedures paid in excess of Medicare	156894
rates for the procedures.	156895

(2) "Hospital outpatient savings" means the amount, if any,	156896
by which the actual amount expended and encumbered under the	156897
Medicaid program for hospital outpatient services for a fiscal	156898
year is less than the amount the Medicaid Director, before the	156899
beginning of that fiscal year, projected would be expended and	156900
encumbered under the Medicaid program for hospital outpatient	156901
services for that fiscal year.	156902

(B) On July 1, 2013, or as soon as possible thereafter, the	156903
Medicaid Director shall determine whether the amount of hospital	156904
outpatient savings for fiscal year 2013 is greater than zero. If	156905
the Director determines that the amount of hospital outpatient	156906
savings for fiscal year 2013 is greater than zero, the Director	156907
shall increase the Medicaid payment rates for applicable hospital	156908
outpatient and laboratory services provided during fiscal year	156909
2014. Subject to division (D) of this section, the rates shall be	156910
increased to the highest amount that it is possible to raise the	156911
rates using the amount of hospital outpatient savings for fiscal	156912
year 2013.	156913

(C) On July 1, 2014, or as soon as possible thereafter, the	156914
Medicaid Director shall determine whether the amount of hospital	156915
outpatient savings for fiscal year 2014 is greater than zero. If	156916
the Director determines that the amount of hospital outpatient	156917
savings for fiscal year 2014 is greater than zero, the Director	156918
shall increase the Medicaid payment rates for applicable hospital	156919
outpatient and laboratory services provided during fiscal year	156920
2015. Subject to division (D) of this section, the rates shall be	156921
increased to the highest amount that it is possible to raise the	156922
rates using the amount of hospital outpatient savings for fiscal	156923
year 2014.	156924

(D) The Medicaid payment rates for applicable hospital	156925
outpatient and laboratory services provided during the period	156926
beginning July 1, 2013, and ending June 30, 2015, shall not be	156927
greater than the Medicaid payment rates for the services in effect	156928
on June 30, 2013.	156929

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	156930
OF MEDICAID WAIVER PROGRAMS	156931

(A) As used in this section, "MCD or ODA Medicaid waiver	156932
component" means the following:	156933

(1) The Medicaid waiver component of the PASSPORT program	156934
created under section 173.52 of the Revised Code;	156935

(2) The Choices program created under section 173.53 of the	156936
Revised Code;	156937

(3) The Medicaid waiver component of the Assisted Living	156938
program created under section 173.54 of the Revised Code.	156939

(4) The Ohio Home Care Waiver program as defined in section	156940
5166.01 of the Revised Code;	156941

(5) The Ohio Transitions II Aging Carve-Out program as	156942
defined in section 5166.01 of the Revised Code;	156943

(B) If an MCD or ODA Medicaid waiver component is terminated	156944
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	156945
Revised Code, all of the following apply:	156946

(1) All applicable statutes, and all applicable rules,	156947
standards, guidelines, or orders issued by the Medicaid Director	156948
or Department of Medicaid or Director or Department of Aging	156949
before the component is terminated, shall remain in full force and	156950
effect on and after that date, but solely for purposes of	156951
concluding the component's operations, including fulfilling the	156952
Departments' legal obligations for claims arising from the	156953
component relating to eligibility determinations, covered medical	156954
assistance provided to eligible persons, and recovering erroneous	156955
overpayments.	156956

(2) Notwithstanding the termination of the component, the	156957
right of subrogation for the cost of medical assistance given	156958
under section 5160.37 of the Revised Code to the Department of	156959
Medicaid and an assignment of the right to medical assistance	156960
given under section 5160.38 of the Revised Code to the Department	156961
continue to apply with respect to the component and remain in	156962
force to the full extent provided under those sections.	156963

(3) The Department of Medicaid and Department of Aging may	156964
use appropriated funds to satisfy any claims or contingent claims	156965
for medical assistance provided under the component before the	156966
component's termination.	156967

(4) Neither the Department of Medicaid nor the Department of	156968
Aging has liability under the component to reimburse any provider	156969
or other person for claims for medical assistance rendered under	156970
the component after it is terminated.	156971

(C) The Medicaid Director and Director of Aging may adopt	156972
rules in accordance with Chapter 119. of the Revised Code to	156973
implement this section.	156974

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

156975

The Medicaid dispensing fee for each noncompounded drug	156976
covered by the Medicaid program shall be $1.80 for the period	156977
beginning July 1, 2013, and ending on the effective date of a rule	156978
changing the amount of the fee that the Medicaid Director adopts	156979
under section 5164.02 of the Revised Code.	156980

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	156981
REIMBURSEMENT FUND	156982

The federal payments made to the state under subsection (e)	156983
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	156984
No. 109-171, as amended, shall be deposited into the Money Follows	156985
the Person Enhanced Reimbursement Fund. The Department of Medicaid	156986
shall continue to use money deposited into the fund for system	156987
reform activities related to the Money Follows the Person	156988
demonstration project.	156989

Section 323.150. MEDICARE PART D

156990

The foregoing appropriation item 651526, Medicare Part D, may	156991
be used by the Department of Medicaid for the implementation and	156992
operation of the Medicare Part D requirements contained in the	156993
"Medicare Prescription Drug, Improvement, and Modernization Act of	156994
2003," Pub. L. No. 108-173, as amended. Upon the request of the	156995
Department of Medicaid, the Director of Budget and Management may	156996
transfer the state share of appropriations between appropriation	156997
item 651525, Medicaid/Health Care Services, or appropriation item	156998
651526, Medicare Part D. If the state share of appropriation item	156999
651525, Medicaid/Health Care Services, is adjusted, the Director	157000
of Budget and Management shall adjust the federal share	157001
accordingly. The Department of Medicaid shall provide notification	157002
to the Controlling Board of any transfers at the next scheduled	157003
Controlling Board meeting.	157004

Section 323.160. REBALANCING LONG-TERM CARE

157005

(A) As used in this section:

157006

"Balancing Incentive Payments Program" means the program	157007
established under section 10202 of the Patient Protection and	157008
Affordable Care Act.	157009

"Long-term services and supports" has the same meaning as in	157010
section 10202(f)(1) of the Patient Protection and Affordable Care	157011
Act.	157012

"Non-institutionally-based long-term services and supports"	157013
has the same meaning as in section 10202(f)(1)(B) of the Patient	157014
Protection and Affordable Care Act.	157015

"Patient Protection and Affordable Care Act" means Public Law	157016
111-148.	157017

(B) The Departments of Aging, Developmental Disabilities, and	157018
Medicaid shall continue efforts to achieve a sustainable and	157019
balanced delivery system for long-term services and supports. In	157020
so doing, the Departments shall strive to realize the following	157021
goals by June 30, 2015:	157022

(1) Having at least fifty per cent of Medicaid recipients who	157023
are sixty years of age or older and need long-term services and	157024
supports utilize non-institutionally-based long-term services and	157025
supports;	157026

(2) Having at least sixty per cent of Medicaid recipients who	157027
are less than sixty years of age and have cognitive or physical	157028
disabilities for which long-term services and supports are needed	157029
utilize non-institutionally-based long-term services and supports.	157030

(C) If the Department of Medicaid determines that	157031
participating in the Balancing Incentive Payments Program will	157032
assist in achieving the goals specified in division (B) of this	157033
section, the Department may apply to the United States Secretary	157034
of Health and Human Services to participate in the program.	157035

Section 323.170. OHIO ACCESS SUCCESS PROJECT

157036

Of the foregoing appropriation item, 651525, Medicaid/Health	157037
Care Services, up to $450,000 in each fiscal year may be used to	157038
provide one-time transitional benefits under the Ohio Access	157039
Success Project that the Medicaid Director may establish under	157040
section 5166.35 of the Revised Code.	157041

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

157042

(A) At least quarterly, the Medicaid Director shall certify	157043
to the Director of Budget and Management the amount of offsets	157044
withheld under section 5168.52 of the Revised Code from payments	157045
made from the General Revenue Fund.	157046

(B) The Director of Budget and Management may transfer cash	157047
from the General Revenue Fund to the Nursing Home Franchise Permit	157048
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	157049
Revised Code.	157050

(C) Amounts transferred pursuant to this section are hereby	157051
appropriated.	157052

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

157053

The foregoing appropriation item 651623, Medicaid Services -	157054
Federal, shall be used by the Department of Medicaid for	157055
distributing the federal share of Medicaid services required under	157056
the section of this act entitled "CREATION OF THE DEPARTMENT OF	157057
MEDICAID," including the federal share of all hospital care	157058
assurance program funds to hospitals under section 5168.09 of the	157059
Revised Code.	157060

If receipts credited to the Health Care Federal Fund (Fund	157061
3F00) exceed the amounts appropriated from the fund for making the	157062
hospital care assurance program distribution, the Medicaid	157063
Director may request the Director of Budget and Management to	157064
authorize expenditures from the fund in excess of the amounts	157065
appropriated. Upon the approval of the Director of Budget and	157066
Management, the additional amounts are hereby appropriated.	157067

The foregoing appropriation item 651649, Medicaid Services –	157068
HCAP, shall be used by the Department of Medicaid for distributing	157069
the state share of all hospital care assurance program funds to	157070
hospitals under section 5168.09 of the Revised Code. If receipts	157071
credited to the Hospital Care Assurance Program Fund (Fund 6510)	157072
exceed the amounts appropriated from the fund for making the	157073
hospital care assurance program distribution, the Medicaid	157074
Director may request the Director of Budget and Management to	157075
authorize expenditures from the fund in excess of the amounts	157076
appropriated. Upon the approval of the Director of Budget and	157077
Management, the additional amounts are hereby appropriated.	157078

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

157079

Of the amount received by the Department of Medicaid during	157080
fiscal year 2014 and fiscal year 2015 from the first installment	157081
of assessments paid under section 5168.06 of the Revised Code and	157082
intergovernmental transfers made under section 5168.07 of the	157083
Revised Code, the Medicaid Director shall deposit $350,000 in each	157084
fiscal year into the state treasury to the credit of the Health	157085
Care Services Administration Fund (Fund 5U30).	157086

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	157087
SERVICES ADMINISTRATION FUND	157088

(A) As used in this section:

157089

"Hospital offset" means an offset from a hospital's Medicaid	157090
payment authorized by section 5168.991 of the Revised Code.	157091

"Vendor offset" means a reduction of a Medicaid payment to a	157092
Medicaid provider to correct a previous, incorrect Medicaid	157093
payment.	157094

(B) During fiscal year 2014 and fiscal year 2015, at	157095
intervals selected by the Medicaid Director, the Director shall	157096
certify to the Director of Budget and Management the amount of	157097
hospital offsets and vendor offsets for the period covered by the	157098
certification and the particular funds that would have been used	157099
to make Medicaid payments to providers if not for the offsets.	157100
Each certification shall specify the amount that would have been	157101
taken from each of the funds if not for the hospital offsets and	157102
vendor offsets.	157103

(C) On receipt of a certification under division (B) of this	157104
section, the Director of Budget and Management shall transfer cash	157105
from the funds identified in the certification to the Health Care	157106
Services Administration Fund (Fund 5U30). The amount transferred	157107
from a fund shall equal the amount that would have been taken from	157108
the fund if not for the hospital offsets and vendor offsets as	157109
specified in the certification. The transferred cash is hereby	157110
appropriated.	157111

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

157112

The Medicaid Director may request the Director of Budget and	157113
Management to increase appropriation item 651655, Medicaid	157114
Interagency Pass-Through. Upon the approval of the Director of	157115
Budget and Management, the additional amounts are hereby	157116
appropriated.	157117

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	157118
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	157119

(A) As used in this section:

157120

"Dual eligible individual" has the same meaning as in the	157121
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	157122
1396n(h)(2)(B).	157123

"Medicare Part B" means the Supplementary Medical Insurance	157124
Program for the Aged and Disabled component of the Medicare	157125
program established by Part B of Title XVIII of the "Social	157126
Security Act," 42 U.S.C. 1395j et seq.	157127

"Noninstitutional services" means any services other than	157128
hospital services, nursing facility services, and intermediate	157129
care facilities for individuals with intellectual disabilities.	157130

(B) Notwithstanding any conflicting state statute, a Medicaid	157131
payment for noninstitutional services, excluding physician	157132
services and including freestanding dialysis center services,	157133
provided during the period beginning January 1, 2014, and ending	157134
July 1, 2015, to a Medicaid recipient who is a dual eligible	157135
individual enrolled for benefits under Medicare Part B shall equal	157136
the lesser of the following:	157137

(1) The sum of the Medicare Part B deductible, coinsurance,	157138
and copayment for the services that are applicable to the	157139
individual;	157140

(2) The greater of the following:

157141

(a) The maximum allowable Medicaid payment for the services	157142
when the services are provided to other Medicaid recipients, less	157143
the total Medicaid payment (if any) most recently paid on the	157144
Medicaid recipient's behalf for such services;	157145

(b) Zero.

157146

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	157147
AND PRIVATE DUTY NURSING	157148

(A) As used in this section, "responsible adult" means the	157149
spouse of a Medicaid recipient or, in the case of a Medicaid	157150
recipient who is a minor, the minor's parent, foster caregiver,	157151
stepparent, guardian, legal custodian, or any other person who	157152
stands in loco parentis for the minor.	157153

(B) Except as provided in division (C) of this section, for	157154
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	157155
be made for any of the following services that are provided to a	157156
Medicaid recipient by an individual who is a responsible adult for	157157
that recipient:	157158

(1) Nursing services available under the home health services	157159
benefit pursuant to 42 C.F.R. 440.70(b)(1);	157160

(2) Home health aide services available under the home health	157161
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	157162

(3) Private duty nursing services, as defined in 42 C.F.R.	157163
440.80.	157164

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	157165
Director shall establish the conditions under which Medicaid	157166
payments may be made for any of the services described in division	157167
(B) of this section that are provided to a Medicaid recipient by	157168
an individual who is a responsible adult for that recipient.	157169

(D) The Director shall adopt rules in accordance with Chapter	157170
119. of the Revised Code necessary to implement this section. The	157171
Director shall consult provider representatives, consumer	157172
representatives, and other stakeholders in developing the rules,	157173
which may include the following:	157174

(1) Qualification and training requirements necessary for	157175
responsible adults to receive Medicaid payments under division (C)	157176
of this section;	157177

(2) Oversight requirements necessary for responsible adults	157178
to receive Medicaid payments under division (C) of this section;	157179

(3) Procedures designed to protect against fraud, waste, and	157180
abuse that may occur as a result of payments made under division	157181
(C) of this section;	157182

(4) Any other procedures, standards, or requirements the	157183
Director considers appropriate.	157184

Section 323.234. DIRECT CARE WORKER ADVISORY WORKGROUP

157185

(A) As used in this section:

157186

(1) "Core competencies" means the minimum standards a direct	157187
care worker must meet when providing direct care services and	157188
engaging in any one or more of the following activities associated	157189
with care for a medicaid recipient: maintaining a clean and safe	157190
environment, ensuring recipient-centered care, promoting the	157191
recipient's development, assisting the recipient with activities	157192
of daily living, communicating with the recipient, completing	157193
administrative tasks, and participating in professional	157194
development activities.	157195

(2) "Direct care services" means health care services,	157196
ancillary services, or services related to or in support of the	157197
provision of health care or ancillary services.	157198

(3) "Direct care worker" means an individual who, for direct	157199
or indirect payment, provides direct care services to a medicaid	157200
recipient in the recipient's home or other place of residence.	157201

(4) "Direct payment" means a Medicaid payment made directly	157202
to a direct care worker for the worker's provision of direct care	157203
services to a Medicaid recipient.	157204

(5) "Indirect payment" means a Medicaid payment made to a	157205
third party who pays a direct care worker for the worker's	157206
provision of direct care services to a Medicaid recipient.	157207

(B) There is hereby created the Direct Care Worker Advisory	157208
Workgroup. The Workgroup shall consist of the following members:	157209

(1) The Director of Aging or the Director's designee;

157210

(2) The Director of Developmental Disabilities or the	157211
Director's designee;	157212

(3) The Director of Health or the Director's designee;

157213

(4) The Medicaid Director or the Director's designee;

157214

(5) The Executive Director of the Office of Health	157215
Transformation or the Executive Director's designee;	157216

(6) Two representatives from each of the following	157217
organizations, appointed by the organization's chief executive	157218
officer or the individual serving in an equivalent capacity for	157219
the organization:	157220

(a) The Ohio Council for Home Care and Hospice;

157221

(b) The Ohio Health Care Association;

157222

157223

(d) The Ohio Nurses Association;

157224

(e) The Midwest Care Alliance;

157225

(f) The Ohio Assisted Living Association;

157226

(g) LeadingAge Ohio.

157227

(7) Two members of the House of Representatives, one from the	157228
majority party and the other from the minority party, appointed by	157229
the Speaker of the House of Representatives;	157230

(8) Two members of the Senate, one from the majority party	157231
and the other from the minority party, appointed by the President	157232
of the Senate.	157233

(C) Members of the Workgroup shall be appointed not later	157234
than fifteen days after the effective date of this section.	157235
Vacancies shall be filled in the same manner as the original	157236
appointments. Each member shall serve without compensation or	157237
reimbursement for expenses incurred while serving on the	157238
Workgroup, except to the extent that serving on the Workgroup is	157239
considered to be among the member's employment duties.	157240

(D) The Executive Director of the Office of Health	157241
Transformation or the Executive Director's designee shall serve as	157242
chairperson of the Workgroup. The Departments of Health and	157243
Medicaid shall provide staff and other support services for the	157244
Workgroup.	157245

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

157246

(1) Determine core competencies;

157247

(2) Designate which direct care workers should meet core	157248
competencies;	157249

(3) Determine whether existing regulatory requirements are	157250
equivalent or similar to core competencies;	157251

(4) Identify funding sources that could be used to assist	157252
direct care workers in meeting core competencies;	157253

(5) Recommend policies that may be incorporated in	157254
legislation the General Assembly intends to consider, as described	157255
in division (G) of this section.	157256

(F) Not later than December 31, 2013, the Workgroup shall	157257
submit a report to the General Assembly describing its findings	157258
and recommendations. The report shall be submitted in accordance	157259
with section 101.68 of the Revised Code. On submission of the	157260
report, the Workgroup shall cease to exist.	157261

(G) It is the intent of the General Assembly to enact	157262
legislation in the future, taking into account the recommendations	157263
of the Workgroup, regarding certification of direct care workers	157264
and Medicaid payments for direct care services provided by those	157265
workers. The legislation is intended to do both of the following:	157266

(1) Require the Director of Health to establish, not later	157267
than October 1, 2014, a direct care worker certification program	157268
that applies to the workers designated by the Workgroup;	157269

(2) Prohibit the Department of Medicaid, beginning October 1,	157270
2015, from allowing a direct or indirect payment to be made for	157271
direct care services provided by a direct care worker to whom the	157272
certification program applies unless the worker is appropriately	157273
certified under that program.	157274

Section 323.236. PURCHASING STRATEGIES FOR CERTAIN SERVICES

157275

As used in this section, "custom wheelchair" has the same	157276
meaning as in section 5165.01 of the Revised Code.	157277

For the period beginning January 1, 2014, and ending June 30,	157278
2015, the Medicaid Director shall implement strategies for	157279
purchasing oxygen (other than emergency oxygen), resident	157280
transportation services, and custom wheelchairs for Medicaid	157281
recipients residing in nursing facilities. In implementing the	157282
purchasing strategies, the Director shall seek to achieve a more	157283
efficient allocation of resources and price and quality	157284
competition among providers of the goods and services. The	157285
Director shall consider one or more of the following when	157286
determining the purchasing strategies to implement:	157287

(A) Establishing competitive bidding;

157288

(B) Establishing manufacturers rebate programs;

157289

(C) Another purchasing strategy that saves the Medicaid	157290
program an amount equivalent to the savings that would be realized	157291
from the purchasing strategies specified in division (A) or (B),	157292
or both, of this section.	157293

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	157294
SERVICES	157295

(A) The Medicaid Director shall reduce the Medicaid payment	157296
rate for radiological services to which both of the following	157297
apply:	157298

(1) They are provided in a physician's office or an	157299
independent diagnostic testing facility;	157300

(2) They are provided more than once by the same provider for	157301
the same Medicaid recipient during the same session.	157302

(B) The Director shall adopt rules under section 5164.02 of	157303
the Revised Code to implement the rate reduction required by this	157304
section. The rules shall not take effect before January 1, 2014.	157305

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	157306
SERVICES DEPENDING ON LOCATION OF SERVICE	157307

(A) The Medicaid Director shall do both of the following:

157308

(1) Identify physician services for which Medicaid payment	157309
rates should vary depending on where the services are provided;	157310

(2) Adopt rules under section 5164.02 of the Revised Code to	157311
establish the varying Medicaid payment rates.	157312

(B) The rules required by division (A)(2) of this section	157313
shall not take effect before January 1, 2014.	157314

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

157315

The Medicaid payment rates for services provided under the	157316
PASSPORT program, other than adult day-care services, during the	157317
period beginning July 1, 2013, and ending June 30, 2015, shall be	157318
not less than ninety-eight and five-tenths per cent of the	157319
Medicaid payment rates for the services in effect on June 30,	157320
2011. The Medicaid payment rates for adult day-care services	157321
provided under the PASSPORT program during the period beginning	157322
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	157323
higher than the amount of the Medicaid payment rates for the	157324
services in effect on June 30, 2013.	157325

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	157326
MEDICARE PAYMENT METHODOLOGIES	157327

(A) The Medicaid Director shall do both of the following:

157328

(1) Identify Medicaid services for which the Medicaid payment	157329
methodologies should be aligned, to the extent the Director	157330
considers appropriate, with Medicare payment methodologies for the	157331
services;	157332

(2) Adopt rules under section 5164.02 of the Revised Code to	157333
so align the payment methodologies for the services.	157334

(B) The rules required by division (A)(2) of this section	157335
shall not take effect before January 1, 2014.	157336

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	157337
FACILITY SERVICES	157338

As used in this section, "Medicaid waiver component" has the	157339
same meaning as in section 5166.01 of the Revised Code.	157340

The Medicaid Director may establish, as a Medicaid waiver	157341
component, an alternative purchasing model for nursing facility	157342
services provided, during the period beginning July 1, 2013, and	157343
ending July 1, 2015, to Medicaid recipients with specialized	157344
health care needs, including recipients dependent on ventilators,	157345
recipients who have severe traumatic brain injury, and recipients	157346
who would be admitted to long-term acute care hospitals or	157347
rehabilitation hospitals if they did not receive nursing facility	157348
services. If established, the alternative purchasing model shall	157349
do all of the following:	157350

(A) Recognize a connection between enhanced Medicaid payment	157351
rates and improved health outcomes capable of being measured;	157352

(B) Include criteria for identifying Medicaid recipients with	157353
specialized health care needs;	157354

(C) Include procedures for ensuring that Medicaid recipients	157355
identified pursuant to division (B) of this section receive	157356
nursing facility services under the alternative purchasing model.	157357

The total per Medicaid day payment rate for nursing facility	157358
services provided under the alternative purchasing model may	157359
differ from the rate that would otherwise be paid pursuant to	157360
Chapter 5165. of the Revised Code.	157361

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	157362
EFFICIENCY AND INDIVIDUAL CARE	157363

(A) The Department of Medicaid may review the following	157364
services covered by the Medicaid program to identify opportunities	157365
to improve the efficiency of, and individual care provided by,	157366
long-term care services and supports:	157367

(1) Nursing services available under the home health services	157368
benefit pursuant to 42 C.F.R. 440.70(b)(1);	157369

(2) Home health aide services available under the home health	157370
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	157371

(3) Private duty nursing services as defined in 42 C.F.R.	157372
440.80.	157373

(B) The Department, in its review authorized by division (A)	157374
of this section, may consider establishing the following:	157375

(1) New methods for authorizing and coordinating long-term	157376
care services and supports, including such services and supports	157377
covered by the Medicaid state plan, using case managers or care	157378
coordinators;	157379

(2) Competency and training requirements for the case	157380
managers or care coordinators;	157381

(3) Other mechanisms for improving efficiency and individual	157382
care in the delivery of long-term care services and supports.	157383

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	157384
CARE	157385

(A) As used in this section:

157386

(1) "Dual eligible individual" has the same meaning as in	157387
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	157388
42 U.S.C. 1396n(h)(2)(B).	157389

(2) "Dual eligible integrated care demonstration project"	157390
means the demonstration project authorized by section 5164.91 of	157391
the Revised Code.	157392

(3) "Medicaid managed care organization" has the same meaning	157393
as in section 5167.01 of the Revised Code.	157394

(4) "Participant" means an individual participating in the	157395
dual eligible integrated care demonstration project.	157396

(B) For fiscal year 2014 and fiscal year 2015, the Department	157397
of Medicaid shall provide performance payments as provided under	157398
this section to Medicaid managed care organizations providing care	157399
under the Dual Eligible Integrated Care Demonstration Project.	157400

(C) If the Department implements the Dual Eligible Integrated	157401
Care Demonstration Project, and if participants receive care	157402
through Medicaid managed care organizations under the project, the	157403
Department shall, in consultation with the United States Centers	157404
for Medicare and Medicaid Services, do both of the following:	157405

(1) Develop quality measures designed specifically to	157406
determine the effectiveness of the health care and other services	157407
provided to participants by Medicaid managed care organizations;	157408

(2) Determine an amount to be withheld from the Medicaid	157409
premium payments paid to Medicaid managed care organizations for	157410
participants.	157411

(D)(1) For the purposes of division (C)(2) of this section,	157412
the Department shall establish an amount that is to be withheld	157413
each time a premium payment is made to a Medicaid managed care	157414
organization for a participant. The amount shall be established as	157415
a percentage of each premium payment. The percentage shall be the	157416
same for all Medicaid managed care organizations providing care to	157417
participants.	157418

(2) Each Medicaid managed care organization shall agree to	157419
the withholding as a condition of receiving or maintaining its	157420
Medicaid provider agreement with the Department.	157421

(3) When the amount is established and each time the amount	157422
is modified thereafter, the Department shall certify the amount to	157423
the Director of Budget and Management and begin withholding the	157424
amount from each premium the Department pays to a Medicaid managed	157425
care organization for a participant.	157426

(E) The Director of Budget and Management shall transfer the	157427
amounts certified in accordance with division (D) of this section	157428
into the Managed Care Performance Payment Fund created under	157429
section 5162.60 of the Revised Code. The amounts transferred may	157430
be used to make performance payments to Medicaid managed care	157431
organizations providing care to participants in accordance with	157432
rules that may be adopted by the Medicaid Director under Chapter	157433
119. of the Revised Code.	157434

(F) A Medicaid managed care organization subject to this	157435
section is not subject to section 5167.30 of the Revised Code for	157436
premium payments attributed to participants during fiscal year	157437
2014 and fiscal year 2015.	157438

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	157439
PAYMENT PROGRAM	157440

At the beginning of each quarter, or as soon as possible	157441
thereafter, the Medicaid Director may certify to the Director of	157442
Budget and Management the amount withheld in accordance with the	157443
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	157444
MANAGED CARE." On receipt of certification, the Director of Budget	157445
and Management shall transfer cash in the amount certified from	157446
the General Revenue Fund to the Managed Care Performance Payment	157447
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	157448
Appropriation item 651525, Medicaid/Health Care Services, is	157449
hereby reduced by the amount of the transfer.	157450

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

157451

(A) As used in this section:

157452

"Medicaid waiver component" has the same meaning as in	157453
section 5166.01 of the Revised Code.	157454

"Patient liability" means the amount that 42 C.F.R. 435.735	157455
requires be reduced from a Medicaid payment for home and	157456
community-based services available under a Medicaid waiver	157457
component.	157458

(B) The Medicaid Director may contract with a person or	157459
government entity to collect patient liabilities for fiscal year	157460
2014 and fiscal year 2015. The Director may adopt rules under	157461
section 5166.02 of the Revised Code as necessary to implement this	157462
section.	157463

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

157464

(A) As used in this section:

157465

"Federal poverty line" means the official poverty line	157466
defined by the United States Office of Management and Budget based	157467
on the most recent data available from the United States Bureau of	157468
the Census and revised by the United States Secretary of Health	157469
and Human Services pursuant to the "Omnibus Budget Reconciliation	157470
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	157471

"State plan home and community-based services" means home and	157472
community-based services that may be included in the Medicaid	157473
state plan pursuant to the "Social Security Act," section 1915(i),	157474
42 U.S.C. 1396n(i).	157475

(B) During fiscal year 2014 and fiscal year 2015, the	157476
Medicaid program may cover state plan home and community-based	157477
services for Medicaid recipients of any age who have behavioral	157478
health issues and countable incomes not exceeding one hundred	157479
fifty per cent of the federal poverty line. A Medicaid recipient	157480
is not required to undergo a level of care determination to be	157481
eligible for the state plan home and community-based services.	157482

The Medicaid Director may adopt rules under section 5164.02	157483
of the Revised Code as necessary to implement this section.	157484

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	157485
INDIVIDUALS UNDER AGE 21	157486

(A) As used in this section:

157487

"Inpatient psychiatric hospital services for individuals	157488
under age 21" has the same meaning as in the "Social Security	157489
Act," section 1905(h), 42 U.S.C. 1396d(h).	157490

"Psychiatric residential treatment facility" has the same	157491
meaning as in 42 C.F.R. 483.352.	157492

(B) During fiscal year 2014 and fiscal year 2015, the	157493
Medicaid program may cover inpatient psychiatric hospital services	157494
for individuals under age 21 that are provided by psychiatric	157495
residential treatment facilities to Medicaid recipients to whom	157496
both of the following apply:	157497

(1) They are in the custody of the Department of Youth	157498
Services.	157499

(2) They have been identified as meeting a clinical criterion	157500
of serious emotional disturbance specified pursuant to division	157501
(C) of this section.	157502

(C) The Department of Youth Services, in collaboration with	157503
the Department of Medicaid and Department of Mental Health and	157504
Addiction Services, shall specify the clinical criterion of	157505
serious emotional disturbance to be used for the purpose of	157506
division (B)(2) of this section.	157507

Section 323.350. MCD COLLABORATION WITH DVS

157508

The Department of Medicaid may collaborate with the	157509
Department of Veterans Services to determine ways to improve the	157510
coordination of the services that the Departments make available	157511
to veterans in a manner that enhances veterans' receipt of the	157512
services. The Departments may implement, during fiscal year 2014	157513
and fiscal year 2015, initiatives that they determine during the	157514
collaboration will maximize the efficiency of the services and	157515
ensure that veterans' needs are met.	157516

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

157517

(A) The Medicaid Director may develop and implement, during	157518
fiscal year 2014 and fiscal year 2015, initiatives designed to	157519
improve birth outcomes for Medicaid recipients, including	157520
improvements designed to do the following:	157521

(1) Reduce the number of preterm births;

157522

(2) Reduce Medicaid costs;

157523

(3) Improve the quality of Medicaid services.

157524

(B) In developing the initiatives, the Director may consult	157525
with experts in practice improvement, Medicaid managed care	157526
organizations, hospitals, and other types of Medicaid providers.	157527
The Director, Medicaid managed care organizations, and other types	157528
of Medicaid providers involved in the initiatives shall make	157529
information about the initiatives available on their web sites.	157530

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	157531
FUND	157532

On July 1, 2013, or as soon as possible thereafter, the	157533
Director of Budget and Management shall transfer the cash balance	157534
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	157535
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	157536
completion of the transfer, Fund 5P50 is abolished. The Director	157537
shall cancel any existing encumbrances against appropriation item	157538
600692, Health Care/Medicaid Support – Drug Rebates, and	157539
reestablish them against appropriation item 651639, Medicaid	157540
Services - Recoveries. The re-established encumbrance amounts are	157541
hereby appropriated.	157542

All money that would have been deposited into the	157543
Prescription Drug Rebates Fund shall be deposited into the Health	157544
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	157545
and fiscal year 2015.	157546

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	157547
FUND	157548

On July 1, 2013, or as soon as possible thereafter, the	157549
Medicaid Director shall certify to the Director of Budget and	157550
Management, the cash balance related to managed care obligations	157551
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	157552
Budget and Management shall transfer the amount certified from	157553
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	157554
5KW0). The Director shall cancel any existing encumbrances related	157555
to managed care obligations against appropriation item 600625,	157556
Healthcare Compliance, and re-establish them against appropriation	157557
item 651612, Managed Care Performance Payment. The re-established	157558
encumbrance amounts are hereby appropriated.	157559

After the cash relating to managed care obligations has been	157560
transferred, the Director of Budget and Management shall transfer	157561
the remaining cash balance in the Healthcare Compliance Fund (Fund	157562
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	157563
Upon completion of the transfer, Fund 4Z10 is abolished. The	157564
Director shall cancel any remaining encumbrances against	157565
appropriation item 600625, Healthcare Compliance, and re-establish	157566
them against appropriation item 651654, Medicaid Program Support.	157567
The re-established encumbrance amounts are hereby appropriated.	157568

All money that would have been deposited into the Health Care	157569
Compliance Fund pursuant to division (B)(2) of former section	157570
5111.946 of the Revised Code shall be deposited into the Health	157571
Care Services Administration Fund during fiscal year 2014 and	157572
fiscal year 2015.	157573

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	157574
OVERSIGHT FUND	157575

On July 1, 2013, or as soon as possible thereafter, the	157576
Director of Budget and Management shall transfer the cash balance	157577
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	157578
Health Care Services Administration Fund (Fund 5U30). Upon	157579
completion of the transfer, Fund 5S30 is abolished. The Director	157580
shall cancel any existing encumbrances against appropriation item	157581
600629, Healthcare Program and DDD Support, and re-establish them	157582
against appropriation item 651654, Medicaid Program Support. The	157583
re-established encumbrance amounts are hereby appropriated.	157584

Section 323.400. REFUNDS AND RECONCILIATION FUND

157585

The Refunds and Reconciliation Fund (Fund R055) shall be used	157586
to hold refund and reconciliation revenues until the appropriate	157587
fund is determined or until the revenues are directed to the	157588
appropriate governmental agency other than the Department of	157589
Medicaid. Any Medicaid refunds or reconciliations received or held	157590
by the Department of Job and Family Services shall be transferred	157591
or credited to this fund. If receipts credited to the Refunds and	157592
Reconciliation Fund exceed the amounts appropriated from the fund,	157593
the Medicaid Director may request the Director of Budget and	157594
Management to authorize expenditures from the fund in excess of	157595
the amounts appropriated. Upon approval of the Director of Budget	157596
and Management, the additional amounts are hereby appropriated.	157597

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	157598
JANUARY 1, 2014	157599

Notwithstanding the amendments by this act to sections	157600
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	157601
(as renumbered as section 5163.02) and the repeal by this act of	157602
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	157603
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	157604
and 5111.0125 of the Revised Code, no individual eligible for	157605
Medicaid pursuant to those sections shall lose Medicaid	157606
eligibility before January 1, 2014, because of the amendments to,	157607
or repeal of, those sections. This section does not preclude an	157608
individual from losing Medicaid eligibility before January 1,	157609
2014, if the individual would cease to be Medicaid eligible before	157610
that date for reasons unrelated to the amendments to, or repeal	157611
of, those sections. Unrelated reasons include acquiring income or	157612
assets exceeding eligibility limits and failure to comply with	157613
eligibility requirements.	157614

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	157615
MEDICAID ELIGIBILITY GROUPS	157616

The Medicaid Director may initiate, before January 1, 2014,	157617
the rule-making process to alter the eligibility requirements for,	157618
or to eliminate, one or more Medicaid optional eligibility groups	157619
or subgroups pursuant to section 5163.06 of the Revised Code.	157620
However, none of the rules may go into effect before that date.	157621

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

157622

As used in this section, "authorizing statute" means a	157623
Revised Code section or provision of a Revised Code section that	157624
is cited in the Ohio Administrative Code as the statute that	157625
authorizes the adoption of a rule.	157626

The Medicaid Director is not required to amend any rule for	157627
the sole purpose of updating the citation in the Ohio	157628
Administrative Code to the rule's authorizing statute to reflect	157629
that this act renumbers the authorizing statute or relocates it to	157630
another Revised Code section. Such citations shall be updated as	157631
the Director amends the rules for other purposes.	157632

Section 325.10. MED STATE MEDICAL BOARD

157633

General Services Fund Group	157634

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	157635
TOTAL GSF General Services							157636
Fund Group			$	9,172,062	$	9,172,062	157637
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	157638

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	157640
SERVICES	157641

General Revenue Fund	157642

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	157643
GRF	333402	Resident Trainees	$	450,000	$	450,000	157644
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	157645
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	157646
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	157647
GRF	334506	Court Costs	$	784,210	$	784,210	157648
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	157649
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	157650
GRF	335421	Continuum of Care Services	$	77,318,546	$	77,718,546	157651
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	157652
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	157653
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	157654
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	157655
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	157656
TOTAL GRF General Revenue Fund			$	364,130,813	$	364,764,213	157657

General Services Fund Group	157658

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	157659
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	157660
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	157661
1500	334620	Special Education	$	150,000	$	150,000	157662
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	157663
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	157664
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	157665
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	157666

Federal Special Revenue Fund Group	157667

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	157668
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	157669
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	157670
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	157671
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	157672
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	157673
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	157674
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	157675
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	157676
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	157677
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	157678
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	157679
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	157680
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	157681
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	157682
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	157683
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	157684
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	157685
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	157686
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	157687
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	157688
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	157689

State Special Revenue Fund Group	157690

2320	333621	Family and Children First Administration	$	400,000	$	400,000	157691
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	157692
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	157693
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	157694
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	157695
6890	333640	Education and Conferences	$	150,000	$	150,000	157696
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	157697
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	157698
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	157699
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	157700
6320	335616	Community Capital Replacement	$	350,000	$	350,000	157701
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	157702
TOTAL ALL BUDGET FUND GROUPS			$	693,356,442	$	686,005,806	157703

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	157705
DEPARTMENTS	157706

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	157707
Revised Code, and any other provision of law to the contrary, on	157708
July 1, 2013, there is hereby created the Department of Mental	157709
Health and Addiction Services, which shall be administered by the	157710
Director of Mental Health and Addiction Services. The Director of	157711
Mental Health and Addiction Services shall be appointed by the	157712
Governor, with the advice and consent of the Senate, and shall	157713
hold office during the term of the appointing Governor, and is	157714
subject to removal at the pleasure of the Governor. The Director	157715
of Mental Health and Addiction Services is the executive head of	157716
the Department of Mental Health and Addiction Services. The	157717
Department of Alcohol and Drug Addiction Services and the	157718
Department of Mental Health shall be consolidated into the single	157719
Department of Mental Health and Addiction Services. All of the	157720
authority, functions, and assets and liabilities of the Department	157721
of Mental Health and the Department of Alcohol and Drug Addiction	157722
Services are transferred to the Department of Mental Health and	157723
Addiction Services. The Department of Mental Health and Addiction	157724
Services is thereupon and thereafter successor to, assumes the	157725
obligations of, and otherwise constitutes the continuation of the	157726
Department of Alcohol and Drug Addiction Services and the	157727
Department of Mental Health. The Director of Mental Health and	157728
Addiction Services assumes all of the duties, authorities, and	157729
responsibilities of the Director of Alcohol and Drug Addiction	157730
Services and the Director of Mental Health. Any action, license,	157731
or certification that was undertaken or issued by the Director of	157732
Alcohol and Drug Addiction Services or the Director of Mental	157733
Health that is current and valid on the effective date of the	157734
consolidation is deemed to be an action, license, or certification	157735
undertaken or issued by the Department of Mental Health and	157736
Addiction Services under the statute creating that Department.	157737

Any business commenced but not completed by July 1, 2013, by	157738
the Department of Mental Health or the Department of Alcohol and	157739
Drug Addiction Services shall be completed by the Department of	157740
Mental Health and Addiction Services. The business shall be	157741
completed in the same manner, and with the same effect, as if	157742
completed by the Department of Mental Health or by the Department	157743
of Alcohol and Drug Addiction Services prior to July 1, 2013.	157744

No validation, cure, right, privilege, remedy, obligation, or	157745
liability is lost or impaired by reason of this act's transfer of	157746
responsibility from the Department of Mental Health and the	157747
Department of Alcohol and Drug Addiction Services to the	157748
Department of Mental Health and Addiction Services. Each such	157749
validation, cure, right, remedy, obligation, or liability shall be	157750
administered by the Department of Mental Health and Addiction	157751
Services pursuant to the statute creating that department.	157752

All rules, orders, and determinations made or undertaken	157753
pursuant to the authority and responsibilities of the Department	157754
of Mental Health and the Department of Alcohol and Drug Addiction	157755
Services prior to July 1, 2013, shall continue in effect as rules,	157756
orders, and determinations of the Department of Mental Health and	157757
Addiction Services until modified or rescinded by the Department	157758
of Mental Health and Addiction Services. If necessary to ensure	157759
the integrity of the numbering system of the Administrative Code,	157760
the Director of the Legislative Service Commission shall renumber	157761
the rules to reflect the transfer of authority and responsibility	157762
to the Department of Mental Health and Addiction Services.	157763

Any action or proceeding that is related to the functions or	157764
duties of the Department of Mental Health or the Department of	157765
Alcohol and Drug Addiction Services pending on July 1, 2013, is	157766
not affected by the transfer of responsibility to the Department	157767
of Mental Health and Addiction Services and shall be prosecuted or	157768
defended in the name of the Department of Mental Health and	157769
Addiction Services. In all such actions and proceedings, the	157770
Department of Mental Health and Addiction Services, on application	157771
to the court, shall be substituted as a party.	157772

It is the intention of the Department of Mental Health and	157773
Addiction Services that community subsidies allocated or	157774
distributed by the department will be used to fund mental health	157775
and addiction services in largely the same proportion that such	157776
services were funded when allocated or distributed as separate	157777
funding streams through the separate Department of Mental Health	157778
or Department of Alcohol and Drug Addiction Services.	157779

All employees of the Department of Mental Health and the	157780
Department of Alcohol and Drug Addiction Services shall be	157781
employees of the Department of Mental Health and Addiction	157782
Services and shall serve in the positions previously held within	157783
their respective agencies unless the Department of Mental Health	157784
and Addiction Services determines otherwise. The merger of	157785
Department of Mental Health and Department of Alcohol and Drug	157786
Addiction Services shall not be deemed a transfer of employees	157787
pursuant to division (D)(3)(b) of section 124.11 of the Revised	157788
Code. Any unclassified employee of the Department of Mental Health	157789
and Addiction Services who held a right to resume a position	157790
within the classified service of his or her previous respective	157791
agency of the Department of Mental Health or the Department of	157792
Alcohol and Drug Addiction Services shall retain such a right	157793
subject to section 5119.18 of the Revised Code as may be amended.	157794

On July 1, 2013, or as soon as possible thereafter,	157795
notwithstanding any provision of law to the contrary, and if	157796
requested by the Department of Mental Health and Addiction	157797
Services, the Director of Budget and Management shall make budget	157798
changes made necessary by the consolidation, if any, including	157799
administrative organization, program transfers, the creation of	157800
new funds, the transfer of state funds, and the consolidation of	157801
funds, as authorized by this section. The Director of Budget and	157802
Management may make any transfer of cash balances between funds.	157803

On July 1, 2013, or as soon as possible thereafter, the	157804
Director of Mental Health and Addiction Services shall certify to	157805
the Director of Budget and Management all encumbrances held by the	157806
Department of Mental Health and the Department of Alcohol and Drug	157807
Addiction Services, and specify which of those encumbrances are	157808
requested to be transferred to the Department of Mental Health and	157809
Addiction Services. The Director of Budget and Management may	157810
cancel any existing encumbrances as certified by the Director of	157811
Mental Health and Addiction Services and re-establish them in the	157812
new agency. The re-established encumbrance amounts are hereby	157813
appropriated. Any business commenced but not completed with regard	157814
to the encumbrances certified shall be completed by the Department	157815
of Mental Health and Addiction Services in the same manner and	157816
with the same effect as if it were completed by the Department of	157817
Mental Health or the Department of Alcohol and Drug Addiction	157818
Services.	157819

Not later than 30 days after the transfer and consolidation	157820
of the operations and related management functions of the	157821
Department of Mental Health and the Department of Alcohol and Drug	157822
Addiction Services to the Department of Mental Health and	157823
Addiction Services, an authorized officer of the former Department	157824
of Mental Health and the former Department of Alcohol and Drug	157825
Addiction Services shall certify to the Director of Mental Health	157826
and Addiction Services the unexpended balance and location of any	157827
funds and accounts designated for building and facility operation	157828
and management functions, and the custody of such funds and	157829
accounts shall be transferred to the Department of Mental Health	157830
and Addiction Services.	157831

Effective July 1, 2013, the Director of Budget and Management	157832
shall cancel any existing encumbrances against appropriation item	157833
038616, Problem Gambling Services, and re-establish them against	157834
appropriation items 333641, Problem Gambling Services -	157835
Administration, and 335641, Problem Gambling Services. The	157836
re-established encumbrance amounts are hereby appropriated. Any	157837
business commenced but not completed under appropriation item	157838
038616 by July 1, 2013, shall be completed under appropriation	157839
items 333641 and 335641 in the same manner and with the same	157840
effect as if it were completed with regard to appropriation item	157841
038616.	157842

Effective July 1, 2013, the Director of Budget and Management	157843
shall cancel any existing encumbrances against appropriation item	157844
038614, Substance Abuse Block Grant, and re-establish them against	157845
appropriation items 333618, Substance Abuse Block Grant -	157846
Administration, and 335618, Substance Abuse Block Grant. The	157847
re-established encumbrance amounts are hereby appropriated. Any	157848
business commenced but not completed under appropriation item	157849
038614 by July 1, 2013, shall be completed under appropriation	157850
items 333618 and 335618 in the same manner and with the same	157851
effect as if it were completed with regard to appropriation item	157852
038614.	157853

Effective July 1, 2013, the Director of Budget and Management	157854
shall cancel any existing encumbrances against appropriation item	157855
038609, Demonstration Grants, and re-establish them against	157856
appropriation items 333606, Demonstration Grants - Administration,	157857
and 335606, Demonstration Grants. The re-established encumbrance	157858
amounts are hereby appropriated. Any business commenced but not	157859
completed under appropriation item 038609 by July 1, 2013, shall	157860
be completed under appropriation items 333606 and 335606 in the	157861
same manner and with the same effect as if it were completed with	157862
regard to appropriation item 038609.	157863

Effective July 1, 2013, the Director of Budget and Management	157864
shall cancel any existing encumbrances against appropriation item	157865
038621, Statewide Treatment and Prevention, and re-establish them	157866
against appropriation items 333623, Statewide Treatment and	157867
Prevention - Administration, and 335623, Statewide Treatment and	157868
Prevention. The re-established encumbrance amounts are hereby	157869
appropriated. Any business commenced but not completed under	157870
appropriation item 038621 by July 1, 2013, shall be completed	157871
under appropriation items 333623 and 335623 in the same manner and	157872
with the same effect as if it were completed with regard to	157873
appropriation item 038621.	157874

Effective July 1, 2013, the Director of Budget and Management	157875
shall cancel any existing encumbrances against appropriation item	157876
038629, Problem Gambling and Casino Addictions, and re-establish	157877
them against appropriation items 333629, Problem Gambling and	157878
Casino Addictions - Administration, and 335629, Problem Gambling	157879
and Casino Addictions. The re-established encumbrance amounts are	157880
hereby appropriated. Any business commenced but not completed	157881
under appropriation item 038629 by July 1, 2013, shall be	157882
completed under appropriation items 333629 and 335629 in the same	157883
manner and with the same effect as if it were completed with	157884
regard to appropriation item 038629.	157885

Effective July 1, 2013, the Director of Budget and Management	157886
shall cancel any existing encumbrances against appropriation item	157887
038611, Administrative Reimbursement, and re-establish them	157888
against appropriation item 333639, Administrative Reimbursement.	157889
The re-established encumbrance amounts are hereby appropriated.	157890
Any business commenced but not completed under appropriation item	157891
038611 by July 1, 2013, shall be completed under appropriation	157892
item 333639 in the same manner and with the same effect as if it	157893
were completed with regard to appropriation item 038611.	157894

Effective July 1, 2013, the Director of Budget and Management	157895
shall cancel any existing encumbrances against appropriation item	157896
335635, Community Medicaid Expansion, and re-establish them	157897
against appropriation item 652635, Community Medicaid Legacy	157898
Costs. The re-established encumbrance amounts are hereby	157899
appropriated. Any business commenced but not completed under	157900
appropriation item 335635 by July 1, 2013, shall be completed	157901
under appropriation item 652635 in the same manner and with the	157902
same effect as if it were completed with regard to appropriation	157903
item 335635.	157904

Effective July 1, 2013, the Director of Budget and Management	157905
shall cancel any existing encumbrances against appropriation item	157906
333635, Community Medicaid Expansion, and re-establish them	157907
against appropriation item 652636, Community Medicaid Legacy	157908
Support. The re-established encumbrance amounts are hereby	157909
appropriated. Any business commenced but not completed under	157910
appropriation item 333635 by July 1, 2013, shall be completed	157911
under appropriation item 652636 in the same manner and with the	157912
same effect as if it were completed with regard to appropriation	157913
item 333635.	157914

Effective July 1, 2013, the Director of Budget and Management	157915
shall cancel any existing encumbrances against appropriation item	157916
038610, Medicaid, and re-establish them against appropriation item	157917
652609, Medicaid Legacy Costs Support. The re-established	157918
encumbrance amounts are hereby appropriated. Any business	157919
commenced but not completed under appropriation item 038610 by	157920
July 1, 2013, shall be completed under appropriation item 652609	157921
in the same manner and with the same effect as if it were	157922
completed with regard to appropriation item 038610.	157923

Effective July 1, 2013, the Director of Budget and Management	157924
shall cancel any existing encumbrances against appropriation item	157925
038604, Education and Conferences, and re-establish them against	157926
appropriation item 333640, Education and Conferences. The	157927
re-established encumbrance amounts are hereby appropriated. Any	157928
business commenced but not completed under appropriation item	157929
038604 by July 1, 2013, shall be completed under appropriation	157930
item 333640 in the same manner and with the same effect as if it	157931
were completed with regard to appropriation item 038604.	157932

Effective July 1, 2013, the Director of Budget and Management	157933
shall cancel any existing encumbrances against appropriation item	157934
038401, Treatment Services, and re-establish them against	157935
appropriation items 335421, Continuum of Care Services, 335422,	157936
Criminal Justice Services, and 335406, Prevention and Wellness.	157937
The re-established encumbrance amounts are hereby appropriated.	157938
Any business commenced but not completed under appropriation item	157939
038401 by July 1, 2013, shall be completed under appropriation	157940
items 335421, 335422, and 335406 in the same manner and with the	157941
same effect as if it were completed with regard to appropriation	157942
item 038401.	157943

Effective July 1, 2013, the Director of Budget and Management	157944
shall cancel any existing encumbrances against appropriation item	157945
335419, Community Medication Subsidy, and re-establish them	157946
against appropriation item 335421, Continuum of Care Services. The	157947
re-established encumbrance amounts are hereby appropriated. Any	157948
business commenced but not completed under appropriation item	157949
335419 by July 1, 2013, shall be completed under appropriation	157950
item 335421 in the same manner and with the same effect as if it	157951
were completed with regard to appropriation item 335419.	157952

Effective July 1, 2013, the Director of Budget and Management	157953
shall cancel any existing encumbrances against appropriation item	157954
335505, Local Mental Health Systems of Care, and re-establish them	157955
against appropriation item 335421, Continuum of Care Services. The	157956
re-established encumbrance amounts are hereby appropriated. Any	157957
business commenced but not completed under appropriation item	157958
335505 by July 1, 2013, shall be completed under appropriation	157959
item 335421 in the same manner and with the same effect as if it	157960
were completed with regard to appropriation item 335505.	157961

Effective July 1, 2013, the Director of Budget and Management	157962
shall cancel any existing encumbrances against appropriation item	157963
332401, Forensic Services, and re-establish them against	157964
appropriation item 335422, Criminal Justice Services. The	157965
re-established encumbrance amounts are hereby appropriated. Any	157966
business commenced but not completed under appropriation item	157967
332401 by July 1, 2013, shall be completed under appropriation	157968
item 335422 in the same manner and with the same effect as if it	157969
were completed with regard to appropriation item 332401.	157970

Effective July 1, 2013, the Director of Budget and Management	157971
shall cancel any existing encumbrances against appropriation item	157972
333403, Pre-Admission Screening Expenses, and re-establish them	157973
against appropriation item 652507, Medicaid Support. The	157974
re-established encumbrance amounts are hereby appropriated. Any	157975
business commenced but not completed under appropriation item	157976
333403 by July 1, 2013, shall be completed under appropriation	157977
item 652507 in the same manner and with the same effect as if it	157978
were completed with regard to appropriation item 333403.	157979

Effective July 1, 2013, the Director of Budget and Management	157980
shall cancel any existing encumbrances against appropriation item	157981
038900, Indigent Drivers Alcohol Treatment, and re-establish them	157982
against appropriation item 335900, Indigent Drivers Alcohol	157983
Treatment. The re-established encumbrance amounts are hereby	157984
appropriated. Any business commenced but not completed under	157985
appropriation item 038900 by July 1, 2013, shall be completed	157986
under appropriation item 335900 in the same manner and with the	157987
same effect as if it were completed with regard to appropriation	157988
item 038900.	157989

Effective July 1, 2013, the Director of Budget and Management	157990
shall cancel any existing encumbrances against appropriation item	157991
038404, Prevention Services, and re-establish them against	157992
appropriation item 335406, Prevention and Wellness. The	157993
re-established encumbrance amounts are hereby appropriated. Any	157994
business commenced but not completed under appropriation item	157995
038404 by July 1, 2013, shall be completed under appropriation	157996
item 335406 in the same manner and with the same effect as if it	157997
were completed with regard to appropriation item 038404.	157998

Section 327.20.10. Effective July 1, 2013, the Director of	157999
Mental Health and Addiction Services, with respect to all mental	158000
health and addiction facilities and services established and	158001
operated or provided under Chapter 340. of the Revised Code shall	158002
do all of the following:	158003

(A) To the extent the Director determines necessary, and	158004
after consultation with the boards of alcohol, drug addiction, and	158005
mental health services, develop and operate, or contract for the	158006
operation of, a community behavioral health information system or	158007
systems, and shall specify the information that must be provided	158008
by boards of alcohol, drug addiction, and mental health services	158009
for inclusion in the system or systems, which may include	158010
information on services provided in whole or in part under	158011
contract with a board, financial information regarding	158012
expenditures of federal, state, or local funds by boards, and	158013
information about persons served under contract with a board.	158014

(B)(1) Receive and review each board's community mental	158015
health and addiction services plan, budget, and statement of	158016
services to be made available, and approve or disapprove the plan,	158017
budget, and statement of services in whole or in part.	158018

(2) The Department may withhold all or part of the funds	158019
allocated to a board if it disapproves all or part of a plan,	158020
budget, or statement of service.	158021

(3) Prior to a final decision to disapprove a plan, budget,	158022
or statement of services, or to withhold funds from a board, a	158023
representative of the Director shall meet with the board to	158024
discuss the reasons for the action and any corrective action that	158025
should be taken to make the plan, budget, or statement of services	158026
acceptable, and give the board a reasonable time in which to	158027
revise the plan, budget, or statement of services.	158028

(C) Establish procedures for the review of plans, budgets,	158029
and statements of services, and a timetable for submission and	158030
review. Boards of alcohol, drug addiction, and mental health	158031
services shall submit to the Department of Mental Health and	158032
Addiction Services the information, plans, budgets, and statements	158033
of services described above in accordance with the guidance or	158034
directives of the Department or Director. After notifying and	158035
consulting with relevant constituents, the Department of Mental	158036
Health and Addiction Services shall establish a methodology for	158037
allocating to boards of alcohol, drug addiction, and mental health	158038
services the funds appropriated by the General Assembly to the	158039
Department for the purpose of local mental health and addiction	158040
services continuums of care. Subject to existing provisions of law	158041
that permit the Director to withhold funds from boards of alcohol,	158042
drug addiction, and mental health services for failure to comply	158043
with applicable sections of law, or for discriminating in making	158044
services available, and subject to a board's submission and	158045
approval of the required plan, budget, and statement of services	158046
described above, the Department shall allocate the funds to the	158047
boards in a manner consistent with the methodology and state and	158048
federal laws, rules, and regulations.	158049

Portions of appropriation items 333609, Central Office	158050
Operating, 333606, Demonstration Grants - Administration, 333612,	158051
Social Services Block Grant - Administration, 333613, Federal	158052
Grants - Administration, 333614, Mental Health Block Grant -	158053
Administration, 333618, Substance Abuse Block Grant -	158054
Administration, 333623, Statewide Treatment and Prevention -	158055
Administration, 333629, Problem Gambling and Casino Addictions -	158056
Administration, 333608, Federal Miscellaneous - Administration,	158057
333641, Problem Gambling Services - Administration, 335406,	158058
Prevention and Wellness, 335421, Continuum of Care Services,	158059
335422, Criminal Justice Services, 335604, Community Mental Health	158060
Projects, 335606, Demonstration Grants, 335612, Social Services	158061
Block Grant, 335613, Federal Grant - Community Mental Health	158062
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	158063
Health Care, 335618, Substance Abuse Block Grant, 335623,	158064
Statewide Treatment and Prevention, 335629, Problem Gambling and	158065
Casino Addictions, 335638, Race to the Top - Early Learning	158066
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	158067
may be used to pay for the Department and board functions	158068
enumerated above.	158069

Section 327.20.20. (A) Effective July 1, 2013, all records	158070
and reports, other than court journal entries or court docket	158071
entries, identifying a person and pertaining to the person's	158072
mental health condition, assessment, provision of care or	158073
treatment, or payment for assessment, care, or treatment that are	158074
maintained in connection with any services certified by the	158075
Department of Mental Health and Addiction Services, or any	158076
hospitals or facilities licensed or operated by the Department,	158077
shall be kept confidential and shall not be disclosed by any	158078
person, with the following exceptions:	158079

(1) If the person identified, or the person's legal guardian,	158080
if any, or if the person is a minor, the person's parent or legal	158081
guardian, consents.	158082

(2) When disclosure is provided for in Chapters 340., 5119.,	158083
or 5122., or in Title 47 of the Revised Code.	158084

(3) Hospitals, boards of alcohol, drug addiction, and mental	158085
health services, licensed facilities, and community mental health	158086
services providers may release necessary information to insurers	158087
and other third-party payers, including government entities	158088
responsible for processing and authorizing payment, to obtain	158089
payment for goods and services furnished to the person.	158090

(4) Pursuant to a court order signed by a judge;

158091

(5) A person shall be granted access to the person's own	158092
psychiatric and medical records unless access specifically is	158093
restricted in a person's treatment plan for clear treatment	158094
reasons.	158095

(6) The Department of Mental Health and Addiction Services	158096
may exchange psychiatric records and other pertinent information	158097
with community mental health services providers and boards of	158098
alcohol, drug addiction, and mental health services relating to	158099
the person's care or services. Records and information that may be	158100
exchanged pursuant to this division shall be limited to medication	158101
history, physical health status and history, financial status,	158102
summary of course of treatment, summary of treatment needs, and a	158103
discharge summary, if any.	158104

(7) The Department of Mental Health and Addiction Services,	158105
hospitals, and community providers operated by the Department,	158106
hospitals licensed by the Department under section 5119.20	158107
(5119.33) of the Revised Code and community mental health services	158108
providers may exchange psychiatric records and other pertinent	158109
information with payers and other providers of treatment and	158110
health services if the purpose of the exchange is to facilitate	158111
continuity of care for the person or for the emergency treatment	158112
of the person.	158113

(8) The Department of Mental Health and Addiction Services	158114
and community mental health services providers may exchange	158115
psychiatric records and other pertinent information with boards of	158116
alcohol, drug addiction, and mental health services for purposes	158117
of any board function set forth in Chapter 340. of the Revised	158118
Code. Boards of alcohol, drug addiction, and mental health	158119
services shall not access or use any personal information from the	158120
Department or providers except as required or permitted by this	158121
section, or Chapters 340. and 5122. of the Revised Code for	158122
purposes related to payment, care coordination, health care	158123
operations, program and service evaluation, reporting activities,	158124
research, system administration, oversight, or other authorized	158125
purposes.	158126

(9) A person's family member who is involved in the	158127
provision, planning, and monitoring of services to the person may	158128
receive medication information, a summary of the person's	158129
diagnosis and prognosis, and a list of the services and personnel	158130
available to assist the person and the person's family, if the	158131
person's treatment provider determines that the disclosure would	158132
be in the best interests of the person. No such disclosure shall	158133
be made unless the person is notified first and receives the	158134
information and does not object to the disclosure.	158135

(10) Community mental health services providers may exchange	158136
psychiatric records and certain other information with the board	158137
of alcohol, drug addiction, and mental health services and other	158138
providers in order to provide services to a person involuntarily	158139
committed to a board. Release of records under this division shall	158140
be limited to medication history, physical health status and	158141
history, financial status, summary of course of treatment, summary	158142
of treatment needs, and discharge summary, if any.	158143

(11) Information may be disclosed to the executor or the	158144
administrator of an estate of a deceased person when the	158145
information is necessary to administer the estate.	158146

(12) Information may be disclosed to staff members of the	158147
appropriate board or to staff members designated by the Director	158148
of Mental Health and Addiction Services for the purpose of	158149
evaluating the quality, effectiveness, and efficiency of services	158150
and determining if the services meet minimum standards.	158151
Information obtained during such evaluations shall not be retained	158152
with the name of any person.	158153

(13) Records pertaining to the person's diagnosis, course of	158154
treatment, treatment needs, and prognosis shall be disclosed and	158155
released to the appropriate prosecuting attorney if the person was	158156
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	158157
or 2945.402 of the Revised Code, or to the attorney designated by	158158
the board for proceedings pursuant to involuntary commitment under	158159
Chapter 5122. of the Revised Code.	158160

(14) The Department of Mental Health and Addiction Services	158161
may exchange psychiatric hospitalization records, other mental	158162
health treatment records, and other pertinent information with the	158163
Department of Rehabilitation and Correction and with the	158164
Department of Youth Services to ensure continuity of care for	158165
inmates and offenders who are receiving mental health services in	158166
an institution of the Department of Rehabilitation and Correction	158167
or the Department of Youth Services and may exchange psychiatric	158168
hospitalization records, other mental health treatment records,	158169
and other pertinent information with boards of alcohol, drug	158170
addiction, and mental health services and community mental health	158171
services providers to ensure continuity of care for inmates or	158172
offenders who are receiving mental health services in an	158173
institution and are scheduled for release within six months. The	158174
release of records under this division is limited to records	158175
regarding an inmate's or offender's medication history, physical	158176
health status and history, summary of course of treatment, summary	158177
of treatment needs, and a discharge summary, if any.	158178

(15) A community mental health services provider that ceases	158179
to operate may transfer to either a community mental health	158180
services provider that assumes its caseload or to the board of	158181
alcohol, drug addiction, and mental health services of the service	158182
district in which the person resided at the time services were	158183
most recently provided any treatment records that have not been	158184
transferred elsewhere at the person's request.	158185

(B) Before records are disclosed pursuant to divisions	158186
(A)(3), (6), or (10) of this section, the custodian of the records	158187
shall attempt to obtain the consent of the person in question for	158188
the disclosure.	158189

(C) No person shall reveal the content of a medical record of	158190
a person except as authorized by the law.	158191

(D) Portions of appropriation items 333321, Central	158192
Administration, 333416, Research Program Evaluation, 333605,	158193
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	158194
Administration, 333608, Federal Miscellaneous - Administration,	158195
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	158196
333612, Social Services Block Grant - Administration, 333613,	158197
Federal Grants - Administration, 333614, Mental Health Block Grant	158198
- Administration, 333618, Substance Abuse Block Grant -	158199
Administration, 333621, Family and Children First Administration,	158200
333623, Statewide Treatment and Prevention - Administration,	158201
333629, Problem Gambling and Casino Addictions - Administration,	158202
333632, Mental Health Operating - Refunds, 333608, Federal	158203
Miscellaneous - Administration, 333640, Education and Conferences,	158204
333641, Problem Gambling Services - Administration, 333639,	158205
Administrative Reimbursement, 334605, Medicaid/Medicare -	158206
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	158207
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	158208
334620, Special Education, 334632, Mental Health Operating -	158209
Hospitals, 335405, Family and Children First, 335406, Prevention	158210
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	158211
Justice Services, 335604, Community Mental Health Projects,	158212
335506, Residential State Supplement, 335608, Federal	158213
Miscellaneous, 335606, Demonstration Grants, 335612, Social	158214
Services Block Grant, 335613, Federal Grant - Community Mental	158215
Health Subsidy, 335614, Mental Health Block Grant, 335615,	158216
Behavioral Health Care, 335618, Substance Abuse Block Grant,	158217
335623, Statewide Treatment and Prevention, 335629, Problem	158218
Gambling and Casino Addictions, 335638, Race to the Top - Early	158219
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	158220
Treatment, 336601, Office of Support Services, 652609, Medicaid	158221
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	158222
652636, Community Medicaid Legacy Support, may be used to pay for	158223
the Department and community mental health system functions that	158224
operate under the confidentiality provisions enumerated above.	158225

Section 327.20.30. Effective July 1, 2013, the Director of	158226
Mental Health and Addiction Services may adopt rules pursuant to	158227
Chapter 119. of the Revised Code governing licensure and operation	158228
of residential facilities, that include procedures for conducting	158229
criminal records checks for operators, employees, and volunteers	158230
who have direct access to facility residents.	158231

Portions of appropriation items 334506, Court Costs, 335406,	158232
Prevention and Wellness, 335421, Continuum of Care Services,	158233
335614, Mental Health Block Grant, 335506, Residential State	158234
Supplement, 335615, Behavioral Health Care, 335618, Substance	158235
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	158236
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	158237
these regulated activities.	158238

Section 327.20.40. Effective July 1, 2013, to the extent	158239
funds are available and on application of boards of alcohol, drug	158240
addiction, and mental health services, the Director of Mental	158241
Health and Addiction Services may approve state reimbursement of,	158242
or state grants for, community construction programs, including	158243
residential housing for severely mentally disabled persons and	158244
persons with substance use disorders. The Director may also	158245
approve an application for reimbursement or a grant for such	158246
programs submitted by other governmental entities or by private,	158247
nonprofit organizations after the board of alcohol, drug	158248
addiction, and mental health services has reviewed and approved	158249
the application and the application is consistent with the plan,	158250
budget, and statement of services submitted to and approved by the	158251
Department. The Director shall adopt rules in accordance with	158252
Chapter 119. of the Revised Code that specify procedures for	158253
applying for state reimbursement and for state grants for	158254
community construction programs, including residential housing for	158255
severely mentally disabled persons and persons with substance use	158256
disorders.	158257

Portions of appropriation item 335616, Community Capital	158258
Replacement, may be used to pay for the Department functions	158259
enumerated above.	158260

Section 327.20.50. Effective July 1, 2013, the Department of	158261
Mental Health and Addiction Services shall collect information	158262
about services delivered and persons served as required for	158263
reporting and evaluation relating to state and federal funds	158264
expended for such purposes. No alcohol, drug addiction, or mental	158265
health program, agency, or services provider shall fail to supply	158266
statistics or other information within its knowledge and with	158267
respect to its programs or services upon the request of the	158268
department.	158269

Portions of appropriation items 333321, Central	158270
Administration, 333609 Central Office Operating, 333606,	158271
Demonstration Grants - Administration, 333612, Social Services	158272
Block Grant - Administration, 333613, Federal Grants -	158273
Administration, 333614, Mental Health Block Grant -	158274
Administration, 333618, Substance Abuse Block Grant -	158275
Administration, 333623, Statewide Treatment and Prevention -	158276
Administration, 333629, Problem Gambling and Casino Addictions -	158277
Administration, 333608, Federal Miscellaneous - Administration,	158278
333641, Problem Gambling Services - Administration, 335406,	158279
Prevention and Wellness, 335421, Continuum of Care Services,	158280
335422, Criminal Justice Services, 335604, Community Mental Health	158281
Projects, 335606, Demonstration Grants, 335612, Social Services	158282
Block Grant, 335613, Federal Grant - Community Mental Health	158283
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	158284
Health Care, 335618, Substance Abuse Block Grant, 335623,	158285
Statewide Treatment and Prevention, 335629, Problem Gambling and	158286
Casino Addictions, 335638, Race to the Top - Early Learning	158287
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	158288
652609, Medicaid Legacy Costs Support, and 652636, Community	158289
Medicaid Legacy Support, may be used to pay for the Department	158290
information collection and reporting functions enumerated above.	158291

Section 327.20.60. The Department of Mental Health and	158292
Addiction Services shall administer specified Medicaid services as	158293
delegated by the State's single agency responsible for the	158294
Medicaid program. Effective July 1, 2013, the Department shall use	158295
appropriation item 652507, Medicaid Support, to fund the	158296
Medicaid-related services and supports performed by the	158297
Department.	158298

Section 327.30. RESIDENT TRAINEES

158299

The foregoing appropriation item 333402, Resident Trainees,	158300
shall be used to fund training agreements entered into by the	158301
Director of Mental Health and Addiction Services for the	158302
development of curricula and the provision of training programs to	158303
support public mental health services.	158304

Section 327.40. LEASE-RENTAL PAYMENTS

158305

The foregoing appropriation item 333415, Lease-Rental	158306
Payments, shall be used to meet all payments at the times they are	158307
required to be made during the period from July 1, 2013, through	158308
June 30, 2015, by the Department of Mental Health and Addiction	158309
Services under leases and agreements made under section 154.20 of	158310
the Revised Code. These appropriations are the source of funds	158311
pledged for bond service charges on obligations issued pursuant to	158312
Chapter 154. of the Revised Code.	158313

Section 327.50. HOSPITAL SERVICES

158314

The foregoing appropriation item 334412, Hospital Services,	158315
shall be used for the operation of the State Regional Psychiatric	158316
Hospitals, including, but not limited to, all aspects involving	158317
civil and forensic commitment, treatment, and discharge as	158318
determined by the Director of Mental Health and Addiction	158319
Services. A portion of this appropriation may be used by the	158320
Department of Mental Health and Addiction Services to create,	158321
purchase, or contract for the custody, supervision, control, and	158322
treatment of persons committed to the Department of Mental Health	158323
and Addiction Services in other clinically appropriate	158324
environments, consistent with public safety.	158325

Section 327.60. CONTINUUM OF CARE SERVICES

158326

The foregoing appropriation item 335421, Continuum of Care	158327
Services, shall be used as follows:	158328

(A) A portion of this appropriation shall be allocated to	158329
community alcohol, drug addiction, and mental health services	158330
boards in accordance with a distribution methodology determined by	158331
the Director of Mental Health and Addiction Services:	158332

(1) For the boards to purchase mental health and addiction	158333
services permitted under Chapter 340. of the Revised Code;	158334

(2) To provide subsidized support for psychotropic medication	158335
needs of indigent citizens in the community to reduce unnecessary	158336
hospitalization due to lack of medication; and	158337

(3) To provide subsidized support for medication assisted	158338
treatment costs.	158339

(B) A portion of this appropriation may be distributed to	158340
community alcohol, drug addiction, and mental health services	158341
boards, community addiction and/or mental health services	158342
providers, courts, or other governmental entities to provide	158343
specific grants in support of mental health and addiction services	158344
initiatives.	158345

(C) In fiscal year 2014 $250,000 and in fiscal year 2015	158346
$750,000 shall be allocated to the Human Trafficking Center at The	158347
Ohio State University. The Center shall use the funds to	158348
investigate all aspects of human trafficking, including research,	158349
training, and direct services for victims. The Center shall do all	158350
of the following:	158351

(1) Provide research opportunities in areas affecting human	158352
trafficking, including topics such as socioeconomic, political,	158353
and cultural factors involved in human trafficking;	158354

(2) Develop assessments and other tools to help human	158355
trafficking victims or service providers, including online	158356
training courses for law enforcement and social and medical	158357
service personnel on how best to identify and treat victims of	158358
human trafficking;	158359

(3) Offer internships, clinical hours, and other training	158360
opportunities for undergraduate and graduate students;	158361

(4) Provide direct services and care for victims of human	158362
trafficking; and	158363

(5) Collaborate with community affiliates and other	158364
institutions of higher education engaged in human trafficking	158365
research, training, and direct victim services.	158366

(D) $669,446 in fiscal year 2014 and $569,446 in fiscal year	158367
2015 shall be allocated to the Geauga County Board of Mental	158368
Health and Recovery Services to support the Chardon Pilot Program.	158369
The Chardon Pilot Program shall support the behavioral health	158370
needs of the Chardon community. The board shall distribute	158371
$469,446 of these funds in fiscal year 2014 and $369,446 of these	158372
funds in fiscal year 2015 to the Chardon school district to be	158373
used for program-related activities. The Department of Mental	158374
Health and Addiction Services shall submit a report to the General	158375
Assembly in accordance with section 101.68 of the Revised Code	158376
regarding the performance of the program by September 30, 2015.	158377

Section 327.70. CRIMINAL JUSTICE SERVICES

158378

The foregoing appropriation item 335422, Criminal Justice	158379
Services, shall be used to provide forensic psychiatric	158380
evaluations to courts of common pleas and to conduct evaluations	158381
of patients of forensic status in facilities operated or	158382
designated by the Department of Mental Health and Addiction	158383
Services prior to conditional release to the community. A portion	158384
of this appropriation may be allocated through community alcohol,	158385
drug addiction, and mental health services boards to community	158386
addiction and/or mental health services providers in accordance	158387
with a distribution methodology as determined by the Director of	158388
Mental Health and Addiction Services.	158389

Appropriation item 335422, Criminal Justice Services, may	158390
also be used to:	158391

(A) Provide forensic monitoring and tracking of individuals	158392
on conditional release;	158393

(B) Provide forensic training;

158394

(C) Support projects that assist courts and law enforcement	158395
to identify and develop appropriate alternative services to	158396
incarceration for nonviolent mentally ill offenders;	158397

(D) Provide specialized re-entry services to offenders	158398
leaving prisons and jails;	158399

(E) Provide specific grants in support of addiction services	158400
alternatives to incarceration;	158401

(F) Support specialty dockets; and

158402

(G) Support therapeutic communities.

158403

Section 327.80. COMMUNITY INNOVATIONS

158404

The foregoing appropriation item 335504, Community	158405
Innovations, may be used by the Department of Mental Health and	158406
Addiction Services to make targeted investments in programs,	158407
projects, or systems operated by or under the authority of other	158408
state agencies, governmental entities, or private not-for-profit	158409
agencies that impact, or are impacted by, the operations and	158410
functions of the Department, with the goal of achieving a net	158411
reduction in expenditure of state general revenue funds and/or	158412
improved outcomes for Ohio citizens without a net increase in	158413
state general revenue fund spending.	158414

The Director shall identify and evaluate programs, projects,	158415
or systems proposed or operated, in whole or in part, outside of	158416
the authority of the Department, where targeted investment of	158417
these funds in the program, project, or system is expected to	158418
decrease demand for the Department or other resources funded with	158419
state general revenue funds, and/or to measurably improve outcomes	158420
for Ohio citizens with mental illness or with alcohol, drug, or	158421
gambling addictions. The Director shall have discretion to	158422
transfer money from the appropriation item to other state	158423
agencies, governmental entities, or private not-for-profit	158424
agencies in amounts, and subject to conditions, that the Director	158425
determines most likely to achieve state savings and/or improved	158426
outcomes. Distribution of moneys from this appropriation item	158427
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	158428
the Revised Code.	158429

The Department shall enter into an agreement with each	158430
recipient of community innovation funds, identifying: allowable	158431
expenditure of the funds; other commitment of funds or other	158432
resources to the program, project, or system; expected state	158433
savings and/or improved outcomes and proposed mechanisms for	158434
measurement of such savings or outcomes; and required reporting	158435
regarding expenditure of funds and savings or outcomes achieved.	158436

The foregoing appropriation item 335504, Community	158437
Innovations, may also be used by the Department to make payments	158438
to the Opportunities for Ohioans with Disabilities Agency for	158439
vocational rehabilitation services to individuals receiving mental	158440
health or addiction services paid for with public dollars.	158441

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

158442

Of the foregoing appropriation item 335507, Community	158443
Behavioral Health, $30,000,000 in each fiscal year shall be	158444
allocated to community alcohol, drug addiction, and mental health	158445
services boards to provide mental health services.	158446

Of the foregoing appropriation item 335507, Community	158447
Behavioral Health, $17,500,000 in each fiscal year shall be	158448
allocated to community alcohol, drug addiction, and mental health	158449
services boards to be used for addiction services including	158450
medication, treatment programs, and counseling.	158451

Section 327.90. COMMUNITY OPERATING/PLANNING

158452

Appropriation item 335609, Community Operating/Planning, may	158453
be used by the Department of Mental Health and Addiction Services	158454
to make payments to the Opportunities for Ohioans with	158455
Disabilities Agency for vocational rehabilitation services to	158456
individuals receiving mental health or addiction services paid for	158457
with public dollars.	158458

In addition, appropriation item 335609, Community	158459
Operating/Planning, may be used by the Department to make	158460
incentive payments to operators of residential facilities that are	158461
licensed by the Department of Mental Health and Addiction Services	158462
and provide accommodations and personal care services for one or	158463
two unrelated adults or accommodations, supervision, and personal	158464
care services for three to sixteen unrelated adults. The incentive	158465
payments shall be granted based upon operators demonstrating	158466
linkage between their facilities' residents and community	158467
resources, based on the residents' needs including, but not	158468
limited to, aged, mental health, and physical health issues. The	158469
financial incentive shall be used to support community living for	158470
individuals with a disability or who are aged, and to assist with	158471
costs arising from facility operations.	158472

Appropriation item 335609, Community Operating/Planning, may	158473
also be used by the Department to support non-Medicaid program	158474
costs for individuals moving into community settings.	158475

Section 327.93. PROBLEM GAMBLING AND CASINO ADDICTIONS

158476

A portion of appropriation item 335629, Problem Gambling and	158477
Casino Addictions, shall be allocated to boards of alcohol, drug	158478
addiction, and mental health services in accordance with a	158479
distribution methodology determined by the Director of Mental	158480
Health and Addiction Services.	158481

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

158482

(A) As used in this section:

158483

(1) "Residential facility" means a facility licensed by the	158484
Department of Mental Health and Addiction Services under section	158485
5119.34 of the Revised Code.	158486

(2) "Residential care facility" means a facility licensed by	158487
the Director of Health under Chapter 3721. of the Revised Code or	158488
by a political subdivision certified under section 3721.09 of the	158489
Revised Code.	158490

(B) The foregoing appropriation item 335506, Residential	158491
State Supplement, may be used by the Department of Mental Health	158492
and Addiction Services to provide training for residential	158493
facilities providing accommodations, supervision, and personal	158494
care services to three to sixteen unrelated adults with mental	158495
illness, to transfer cash to the Nursing Home Franchise Permit Fee	158496
Fund (Fund 5R20) used by the Department of Job and Family	158497
Services, and to make benefit payments to residential state	158498
supplement recipients.	158499

(C) Under the Residential State Supplement Program, the	158500
amount used to determine whether a resident is eligible for	158501
payment, and for determining the amount per month the eligible	158502
resident will receive, shall be as follows:	158503

(1) $927 for a residential care facility;

158504

(2) $927 for a residential facility that provides	158505
accommodations, supervision, and personal care services for six to	158506
sixteen unrelated adults as described in section 5119.34 of the	158507
Revised Code;	158508

(3) $824 for a residential facility that provides	158509
accommodations, supervision, and personal care services for one or	158510
two unrelated adults as described in division (A)(9)(b)(ii) of	158511
section 5119.34 of the Revised Code;	158512

(4) $824 for a residential facility providing accommodations,	158513
supervision, and personal care services to three to five unrelated	158514
adults, as described in section 5119.34 of the Revised Code;	158515

(5) $824 for a residential facility that provides	158516
accommodations, supervision, and personal care services for one or	158517
two unrelated persons with mental illness or persons with severe	158518
mental disabilities who are referred by or are receiving mental	158519
health services from a community mental health services provider	158520
or a hospital, as described in division (A)(9)(b)(i) of section	158521
5119.34 of the Revised Code;	158522

(6) $618 for community mental health housing services, as	158523
described in division (D)(1)(c) of section 5119.41 of the Revised	158524
Code.	158525

The Department of Mental Health and Addiction Services shall	158526
reflect these amounts in any applicable rules the Department	158527
adopts under section 5119.41 of the Revised Code.	158528

(D) The Department of Mental Health and Addiction Services	158529
shall, with the input of stakeholders and impacted state agencies,	158530
conduct a review of the state and federal rules and statutes	158531
governing the Residential State Supplement Program and report on	158532
potential improvements to be made in governing the program not	158533
later than January 1, 2014.	158534

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	158535
POOL	158536

A county family and children first council may establish and	158537
operate a flexible funding pool in order to assure access to	158538
needed services by families, children, and older adults in need of	158539
protective services. The operation of the flexible funding pools	158540
shall be subject to the following restrictions:	158541

(A) The county council shall establish and operate the	158542
flexible funding pool in accordance with formal guidance issued by	158543
the Family and Children First Cabinet Council;	158544

(B) The county council shall produce an annual report on its	158545
use of the pooled funds. The annual report shall conform to a	158546
format prescribed in the formal guidance issued by the Family and	158547
Children First Cabinet Council;	158548

(C) Unless otherwise restricted, funds transferred to the	158549
flexible funding pool may include state general revenues allocated	158550
to local entities to support the provision of services to families	158551
and children;	158552

(D) The amounts transferred to the flexible funding pool	158553
shall be limited to amounts that can be redirected without	158554
impairing the achievement of the objectives for which the initial	158555
allocation is designated; and	158556

(E) Each amount transferred to the flexible funding pool from	158557
a specific allocation shall be approved for transfer by the	158558
director of the local agency that was the original recipient of	158559
the allocation.	158560

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

158561

General Revenue Fund	158562

GRF	149321	Operating Expenses	$	581,490	$	591,615	158563
GRF	149501	Minority Health Grants	$	889,100	$	878,975	158564
GRF	149502	Lupus Program	$	110,047	$	110,047	158565
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	158566

Federal Special Revenue Fund Group	158567

3J90	149602	Federal Grants	$	140,000	$	140,000	158568
TOTAL FED Federal Special Revenue							158569
Fund Group			$	140,000	$	140,000	158570

State Special Revenue Fund Group	158571

4C20	149601	Minority Health Conference	$	25,000	$	25,000	158572
TOTAL SSR State Special Revenue							158573
Fund Group			$	25,000	$	25,000	158574
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	158575

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

158577

General Services Fund Group	158578

4K90	865601	Operating Expenses	$	487,592	$	484,292	158579
TOTAL GSF General Services							158580
Fund Group			$	487,592	$	484,292	158581
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	158582

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

158584

General Revenue Fund	158585

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	158586
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	158587
GRF	725456	Canal Lands	$	135,000	$	135,000	158588
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	158589
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	158590
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	158591
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	158592
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	158593
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	158594
GRF	729321	Office of Information Technology	$	177,405	$	177,405	158595
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	158596
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	158597
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	158598
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	158599
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	158600
TOTAL GRF General Revenue Fund			$	98,280,489	$	101,568,536	158601

General Services Fund Group	158602

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	158603
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	158604
2040	725687	Information Services	$	5,179,097	$	5,288,168	158605
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	158606
2070	725690	Real Estate Services	$	50,000	$	50,000	158607
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	158608
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	158609
4300	725671	Canal Lands	$	883,879	$	883,879	158610
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	158611
4X80	725662	Water Resources Council	$	138,005	$	138,005	158612
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	158613
5160	725620	Water Management	$	2,559,292	$	2,559,292	158614
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	158615
6970	725670	Submerged Lands	$	852,982	$	869,145	158616
TOTAL GSF General Services							158617
Fund Group			$	25,457,857	$	25,451,293	158618

Federal Special Revenue Fund Group	158619

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	158620
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	158621
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	158622
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	158623
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	158624
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	158625
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	158626
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	158627
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	158628
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	158629
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	158630
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	158631
TOTAL FED Federal Special Revenue							158632
Fund Group			$	28,386,819	$	28,048,201	158633

State Special Revenue Fund Group	158634

4J20	725628	Injection Well Review	$	128,466	$	128,466	158635
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	158636
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	158637
5090	725602	State Forest	$	6,873,330	$	6,880,158	158638
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	158639
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	158640
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	158641
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	158642
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	158643
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	158644
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	158645
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	158646
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	158647
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	158648
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	158649
5B30	725674	Mining Regulation	$	28,135	$	28,135	158650
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	158651
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	158652
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	158653
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	158654
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	158655
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	158656
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	158657
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	158658
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	158659
5MW0	725604	Natural Resources Special Purposes	$	9,000,000	$	6,000,000	158660
6150	725661	Dam Safety	$	943,517	$	943,517	158661
TOTAL SSR State Special Revenue							158662
Fund Group			$	78,965,753	$	77,089,464	158663

Clean Ohio Conservation Fund Group	158664

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		158665
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		158666

Wildlife Fund Group	158667

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	158668
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	158669
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	158670
8160	725649	Wetlands Habitat	$	966,885	$	966,885	158671
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	158672
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	158673
8190	725685	Ohio River Management	$	203,584	$	203,584	158674
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	158675
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	158676

Waterways Safety Fund Group	158677

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	158678
7086	725418	Buoy Placement	$	52,182	$	52,182	158679
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	158680
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	158681
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	158682
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	158683
TOTAL WSF Waterways Safety Fund							158684
Group			$	26,276,019	$	26,106,019	158685

Accrued Leave Liability Fund Group	158686

4M80	725675	FOP Contract	$	20,219	$	20,219	158687
TOTAL ALF Accrued Leave							158688
Liability Fund Group			$	20,219	$	20,219	158689

Holding Account Redistribution Fund Group	158690

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	158691
R043	725624	Forestry	$	2,100,000	$	2,100,000	158692
TOTAL 090 Holding Account							158693
Redistribution Fund Group			$	2,596,263	$	2,596,263	158694
TOTAL ALL BUDGET FUND GROUPS			$	325,741,676	$	327,247,664	158695

Section 333.20. CENTRAL SUPPORT INDIRECT

158697

With the exception of the Division of Wildlife, whose direct	158698
and indirect central support charges shall be paid out of the	158699
General Revenue Fund from the foregoing appropriation item 725401,	158700
Wildlife-GRF Central Support, the Department of Natural Resources,	158701
with approval of the Director of Budget and Management, shall	158702
utilize a methodology for determining each division's payments	158703
into the Central Support Indirect Fund (Fund 1570). The	158704
methodology used shall contain the characteristics of	158705
administrative ease and uniform application in compliance with	158706
federal grant requirements. It may include direct cost charges for	158707
specific services provided. Payments to Fund 1570 shall be made	158708
using an intrastate transfer voucher.	158709

Section 333.30. LEASE RENTAL PAYMENTS

158710

The foregoing appropriation item 725413, Lease Rental	158711
Payments, shall be used to meet all payments at the times they are	158712
required to be made during the period from July 1, 2013, through	158713
June 30, 2015, by the Department of Natural Resources pursuant to	158714
leases and agreements made under section 154.22 of the Revised	158715
Code. These appropriations are the source of funds pledged for	158716
bond service charges on related obligations issued under Chapter	158717
154. of the Revised Code.	158718

CANAL LANDS

158719

The foregoing appropriation item 725456, Canal Lands, shall	158720
be used to provide operating expenses for the State Canal Lands	158721
Program.	158722

HEALTHY LAKE ERIE FUND

158723

The foregoing appropriation item 725505, Healthy Lake Erie	158724
Fund, shall be used by the Director of Natural Resources, in	158725
consultation with the Director of Agriculture and the Director of	158726
Environmental Protection, to implement nonstatutory	158727
recommendations of the Agriculture Nutrients and Water Quality	158728
Working Group. The Director shall give priority to recommendations	158729
that encourage farmers to adopt agricultural production guidelines	158730
commonly known as 4R nutrient stewardship practices. Funds may	158731
also be used for enhanced soil testing in the Western Lake Erie	158732
Basin, monitoring the quality of Lake Erie and its tributaries,	158733
and conducting research and establishing pilot projects that have	158734
the goal of reducing algae blooms in Lake Erie.	158735

COAL AND MINE SAFETY PROGRAM

158736

The foregoing appropriation item 725507, Coal and Mine Safety	158737
Program, shall be used for the administration of the Mine Safety	158738
Program and the Coal Regulation Program.	158739

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

158740

The foregoing appropriation item 725903, Natural Resources	158741
General Obligation Debt Service, shall be used to pay all debt	158742
service and related financing costs during the period July 1,	158743
2013, through June 30, 2015, on obligations issued under sections	158744
151.01 and 151.05 of the Revised Code.	158745

Section 333.40. WELL LOG FILING FEES

158746

The Chief of the Division of Soil and Water Resources shall	158747
deposit fees forwarded to the Division pursuant to section 1521.05	158748
of the Revised Code into the Departmental Services – Intrastate	158749
Fund (Fund 1550) for the purposes described in that section.	158750

CRANBERRY BOG PRESERVATION

158751

Of the foregoing appropriation item 725601, Departmental	158752
Projects, $12,450 in fiscal year 2014 shall be used for the	158753
Greater Buckeye Lake Historical Society to preserve the Cranberry	158754
Bog.	158755

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

158756

The foregoing appropriation item 725696, Human Resources	158757
Direct Service, shall be used to cover the cost of support,	158758
coordination, and oversight of the Department of Natural	158759
Resources' human resources functions. The Human Resources	158760
Chargeback Fund (Fund 2050) shall consist of cash transferred to	158761
it via intrastate transfer voucher from other funds as determined	158762
by the Director of Natural Resources and the Director of Budget	158763
and Management.	158764

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

158765

The foregoing appropriation item 725665, Law Enforcement	158766
Administration, shall be used to cover the cost of support,	158767
coordination, and oversight of the Department of Natural	158768
Resources' law enforcement functions. The Law Enforcement	158769
Administration Fund (Fund 2230) shall consist of cash transferred	158770
to it via intrastate transfer voucher from other funds as	158771
determined by the Director of Natural Resources and the Director	158772
of Budget and Management.	158773

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	158774
EXPO CENTER	158775

The foregoing appropriation item 725664, Fountain Square	158776
Facilities Management, shall be used for payment of repairs,	158777
renovation, utilities, property management, and building	158778
maintenance expenses for the Fountain Square complex and the	158779
Department of Natural Resources grounds at the Ohio Expo Center.	158780
Cash transferred by intrastate transfer vouchers from various	158781
department funds and rental income received by the Department of	158782
Natural Resources shall be deposited into the Fountain Square	158783
Facilities Management Fund (Fund 6350).	158784

Section 333.80. SOIL AND WATER DISTRICTS

158785

In addition to state payments to soil and water conservation	158786
districts authorized by section 1515.10 of the Revised Code, the	158787
Department of Natural Resources may use appropriation item 725683,	158788
Soil and Water Districts, to pay any soil and water conservation	158789
district an annual amount not to exceed $40,000, upon receipt of a	158790
request and justification from the district and approval by the	158791
Ohio Soil and Water Conservation Commission. The county auditor	158792
shall credit the payments to the special fund established under	158793
section 1515.10 of the Revised Code for the local soil and water	158794
conservation district. Moneys received by each district shall be	158795
expended for the purposes of the district.	158796

OIL AND GAS WELL PLUGGING

158797

The foregoing appropriation item 725677, Oil and Gas Well	158798
Plugging, shall be used exclusively for the purposes of plugging	158799
wells and to properly restore the land surface of idle and orphan	158800
oil and gas wells pursuant to section 1509.071 of the Revised	158801
Code. No funds from the appropriation item shall be used for	158802
salaries, maintenance, equipment, or other administrative	158803
purposes, except for those costs directly attributed to the	158804
plugging of an idle or orphan well. This appropriation item shall	158805
not be used to transfer cash to any other fund or appropriation	158806
item.	158807

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

158808

During fiscal years 2014 and 2015, the Director of Budget and	158809
Management may, in consultation with the Director of Natural	158810
Resources, transfer such cash as necessary from the General	158811
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	158812
the increased regulatory work related to the expansion of the oil	158813
and gas program that will occur before receipts from this activity	158814
are deposited into Fund 5180. Once funds from severance taxes,	158815
application and permitting fees, and other sources have accrued to	158816
Fund 5180 in such amounts as are considered sufficient to sustain	158817
expanded operations, the Director of Budget and Management, in	158818
consultation with the Director of Natural Resources, shall	158819
establish a schedule for repaying the transferred funds from Fund	158820
5180 to the General Revenue Fund.	158821

NATURAL RESOURCES SPECIAL PURPOSES

158822

On July 1, 2013, or as soon as possible thereafter, the	158823
Director of Budget and Management shall transfer $3,000,000 cash	158824
from the General Revenue Fund to the Natural Resources Special	158825
Purposes Fund (Fund 5MW0). Of the amount transferred, $2,100,000	158826
in fiscal year 2014 shall be used for the construction or	158827
acquisition of a treatment train process at an Ohio inland lake,	158828
and $900,000 in fiscal year 2014 shall be used for the purchase of	158829
a sweeper dredge for use at Ohio inland lakes.	158830

Section 333.90. CLEAN OHIO OPERATING EXPENSES

158831

The foregoing appropriation item 725405, Clean Ohio	158832
Operating, shall be used by the Department of Natural Resources in	158833
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	158834
to section 1519.05 of the Revised Code.	158835

Section 333.100. WATERCRAFT MARINE PATROL

158836

Of the foregoing appropriation item 739401, Division of	158837
Watercraft, up to $200,000 in each fiscal year shall be expended	158838
for the purchase of equipment for marine patrols qualifying for	158839
funding from the Department of Natural Resources pursuant to	158840
section 1547.67 of the Revised Code. Proposals for equipment shall	158841
accompany the submission of documentation for receipt of a marine	158842
patrol subsidy pursuant to section 1547.67 of the Revised Code and	158843
shall be loaned to eligible marine patrols pursuant to a	158844
cooperative agreement between the Department of Natural Resources	158845
and the eligible marine patrol.	158846

Section 333.110. PARKS CAPITAL EXPENSES FUND

158847

The Director of Natural Resources shall submit to the	158848
Director of Budget and Management the estimated design,	158849
engineering, and planning costs of capital-related work to be done	158850
by Department of Natural Resources staff for parks projects within	158851
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	158852
Director of Budget and Management approves the estimated costs,	158853
the Director may release appropriations from appropriation item	158854
C725E6, Project Planning, Fund 7035, for those purposes. Upon	158855
release of the appropriations, the Department of Natural Resources	158856
shall pay for these expenses from the Parks Capital Expenses Fund	158857
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	158858
Fund 7035 using an intrastate transfer voucher.	158859

NATUREWORKS CAPITAL EXPENSES FUND

158860

The Department of Natural Resources shall periodically	158861
prepare and submit to the Director of Budget and Management the	158862
estimated design, planning, and engineering costs of	158863
capital-related work to be done by Department of Natural Resources	158864
staff for each capital improvement project within the Ohio Parks	158865
and Natural Resources Fund (Fund 7031). If the Director of Budget	158866
and Management approves the estimated costs, the Director may	158867
release appropriations from appropriation item C725E5, Project	158868
Planning, in Fund 7031, for those purposes. Upon release of the	158869
appropriations, the Department of Natural Resources shall pay for	158870
these expenses from the Capital Expenses Fund (Fund 4S90).	158871
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	158872
using an intrastate transfer voucher.	158873

Section 333.120. ELIMINATION OF DORMANT FUNDS

158874

The following funds are hereby abolished and the fund names	158875
and fund numbers shall be stricken from the list of funds falling	158876
within the jurisdiction of the Department of Natural Resources:	158877

Fund Number	Fund Name	158878
1580	Reprint and Replacement - Intrastate	158879
1610	Parks and Recreation Depreciation Reserve	158880
1620	Civilian Conservation Corps Earned Revenues	158881
2060	General Services	158882
5080	Natural Resources Publications and Promotions	158883
5190	Burr Oak Water Plant	158884
5250	Reclamation Forfeiture	158885
5300	Surface Mining Reclamation	158886
8800	Cooperative Boat Harbor Project	158887
4B80	Forestry Development	158888
5F90	Flood Reimbursement	158889
81A0	Wildlife Education	158890
R029	Reclamation Fee	158891
R030	Surface Mining Reclamation Fee	158892
R040	Wildlife Refunds	158893
3280	Federal Special Revenue	158894
3P00	Natural Areas and Preserves - Federal	158895
5K10	Urban Forestry Grant	158896
5150	Conservancy District Organization	158897
6300	Wild Animal	158898
3CH0	Mined Land Set Aside	158899

TRANSFER OF ELIMINATED DORMANT FUNDS

158900

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	158901
abolished. Any balance remaining in the fund as of July 1, 2013,	158902
shall be transferred into the Waterways Safety Fund (Fund 7086)	158903
and appropriated to appropriation item 739401, Division of	158904
Watercraft.	158905

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	158906
the Division of Natural Areas and Preserves Law Enforcement Fund	158907
(Fund 5EK0) are hereby abolished. Any balance remaining in these	158908
funds as of July 1, 2013, shall be transferred into the Park Law	158909
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	158910
item 725613, Park Law Enforcement.	158911

Section 335.10. NUR STATE BOARD OF NURSING

158912

General Services Fund Group	158913

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	158914
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	158915
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	158916
TOTAL GSF General Services							158917
Fund Group			$	8,557,249	$	8,649,484	158918
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	158919

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	158921
AND ATHLETIC TRAINERS BOARD	158922

General Services Fund Group	158923

4K90	890609	Operating Expenses	$	866,169	$	925,897	158924
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	158925
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	158926

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

158928

General Revenue Fund	158929

GRF	355501	Library Subsidy	$	135,000	$	140,000	158930
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	158931
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	158932

Section 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH	158934
DISABILITIES AGENCY	158935

General Revenue Fund	158936

GRF	415402	Independent Living Council	$	252,000	$	252,000	158937
GRF	415406	Assistive Technology	$	26,618	$	26,618	158938
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	158939
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	158940
GRF	415508	Services for the Deaf	$	28,000	$	28,000	158941
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	158942

General Services Fund Group	158943

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	158944
TOTAL GSF General Services							158945
Fund Group			$	962,538	$	965,481	158946

Federal Special Revenue Fund Group	158947

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	158948
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	158949
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	158950
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	158951
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	158952
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	158953
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	158954
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	158955
TOTAL FED Federal Special							158956
Revenue Fund Group			$	207,833,606	$	205,179,120	158957

State Special Revenue Fund Group	158958

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	158959
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	158960
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	158961
TOTAL SSR State Special							158962
Revenue Fund Group			$	26,871,919	$	27,096,926	158963
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	158964

INDEPENDENT LIVING COUNCIL

158965

The foregoing appropriation item 415402, Independent Living	158966
Council, shall be used to fund the operations of the State	158967
Independent Living Council and to support state independent living	158968
centers and independent living services under Title VII of the	158969
Independent Living Services and Centers for Independent Living of	158970
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	158971
U.S.C. 796d.	158972

Of the foregoing appropriation item 415402, Independent	158973
Living Council, $67,662 in each fiscal year shall be used as state	158974
matching funds for vocational rehabilitation innovation and	158975
expansion activities.	158976

ASSISTIVE TECHNOLOGY

158977

The total amount of the foregoing appropriation item 415406,	158978
Assistive Technology, shall be provided to Assistive Technology of	158979
Ohio to provide grants and assistive technology services for	158980
people with disabilities in the State of Ohio.	158981

OFFICE FOR PEOPLE WITH BRAIN INJURY

158982

The foregoing appropriation item 415431, Office for People	158983
with Brain Injury, shall be provided to The Ohio State University	158984
College of Medicine to support the Brain Injury Program	158985
established under section 3304.23 of the Revised Code.	158986

VOCATIONAL REHABILITATION SERVICES

158987

The foregoing appropriation item 415506, Services for People	158988
with Disabilities, shall be used as state matching funds to	158989
provide vocational rehabilitation services to eligible consumers.	158990

SERVICES FOR THE DEAF

158991

The foregoing appropriation item 415508, Services for the	158992
Deaf, shall be used to provide grants to community centers for the	158993
deaf.	158994

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

158995

The foregoing appropriation item 415617, Independent	158996
Living/Vocational Rehabilitation Programs, shall be used to	158997
support vocational rehabilitation programs.	158998

SOCIAL SECURITY REIMBURSEMENT FUNDS

158999

Reimbursement funds received from the Social Security	159000
Administration, United States Department of Health and Human	159001
Services, for the costs of providing services and training to	159002
return disability recipients to gainful employment shall be	159003
expended from the Social Security Reimbursement Fund (Fund 3L10),	159004
to the extent funds are available, as follows:	159005

(A) Appropriation item 415601, Social Security Personal Care	159006
Assistance, to provide personal care services in accordance with	159007
section 3304.41 of the Revised Code;	159008

(B) Appropriation item 415605, Social Security Community	159009
Centers for the Deaf, to provide grants to community centers for	159010
the deaf in Ohio for services to individuals with hearing	159011
impairments; and	159012

(C) Appropriation item 415608, Social Security Special	159013
Programs/Assistance, to provide vocational rehabilitation services	159014
to individuals with severe disabilities who are Social Security	159015
beneficiaries, to enable them to achieve competitive employment.	159016
This appropriation item shall also be used to pay a portion of	159017
indirect costs of the Personal Care Assistance Program and the	159018
Independent Living Programs as mandated by federal OMB Circular	159019
A-87.	159020

PROGRAM MANAGEMENT EXPENSES

159021

The foregoing appropriation item 415606, Program Management	159022
Expenses, shall be used to support the administrative functions of	159023
the commission related to the provision of vocational	159024
rehabilitation, disability determination services, and ancillary	159025
programs.	159026

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

159027

General Services Fund Group	159028

4K90	894609	Operating Expenses	$	366,000	$	365,000	159029
TOTAL GSF General Services							159030
Fund Group			$	366,000	$	365,000	159031
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	159032

Section 343.10. OPT STATE BOARD OF OPTOMETRY

159034

General Services Fund Group	159035

4K90	885609	Operating Expenses	$	347,278	$	347,278	159036
TOTAL GSF General Services							159037
Fund Group			$	347,278	$	347,278	159038
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	159039

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	159041
AND PEDORTHICS	159042

General Services Fund Group	159043

4K90	973609	Operating Expenses	$	151,417	$	159,982	159044
TOTAL GSF General Services							159045
Fund Group			$	151,417	$	159,982	159046
TOTAL ALL BUDGET FUND GROUPS			$	151,417	$	159,982	159047

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	159048
RELEASE COMPENSATION BOARD	159049

State Special Revenue Fund Group	159050

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	159051
TOTAL SSR State Special Revenue							159052
Fund Group			$	1,233,249	$	1,252,202	159053
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	159054

Section 349.10. PRX STATE BOARD OF PHARMACY

159056

General Services Fund Group	159057

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	159058
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	159059
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	159060

Federal Special Revenue Fund Group	159061

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	159062
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	159063
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	159064
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	159065
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	159066
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	159067

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

159069

General Services Fund Group	159070

4K90	882609	Operating Expenses	$	548,000	$	571,000	159071
TOTAL GSF General Services							159072
Fund Group			$	548,000	$	571,000	159073
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	159074

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

159076

General Revenue Fund	159077

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	159078
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	159079
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	159080
GRF	019405	Training Account	$	50,000	$	50,000	159081
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	159082
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	159083

General Services Fund Group	159084

4070	019604	County Representation	$	351,149	$	354,248	159085
4080	019605	Client Payments	$	725,144	$	722,931	159086
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	159087
TOTAL GSF General Services							159088
Fund Group			$	1,608,429	$	1,605,655	159089

Federal Special Revenue Fund Group	159090

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	159091
3S80	019608	Federal Representation	$	204,706	$	202,942	159092
TOTAL FED Federal Special Revenue							159093
Fund Group			$	308,656	$	306,892	159094

State Special Revenue Fund Group	159095

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	159096
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	159097
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	159098
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	159099
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	159100
TOTAL SSR State Special Revenue							159101
Fund Group			$	68,464,005	$	69,794,850	159102
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	159103

INDIGENT DEFENSE OFFICE

159104

The foregoing appropriation items 019404, Trumbull County -	159105
State Share, and 019610, Trumbull County - County Share, shall be	159106
used to support an indigent defense office for Trumbull County.	159107

MULTI-COUNTY OFFICE

159108

The foregoing appropriation items 019403, Multi-County: State	159109
Share, and 019601, Multi-County: County Share, shall be used to	159110
support the Office of the Ohio Public Defender's Multi-County	159111
Branch Office Program.	159112

TRAINING ACCOUNT

159113

The foregoing appropriation item 019405, Training Account,	159114
shall be used by the Ohio Public Defender to provide legal	159115
training programs at no cost for private appointed counsel who	159116
represent at least one indigent defendant at no cost and for state	159117
and county public defenders and attorneys who contract with the	159118
Ohio Public Defender to provide indigent defense services.	159119

FEDERAL REPRESENTATION

159120

The foregoing appropriation item 019608, Federal	159121
Representation, shall be used to receive reimbursements from the	159122
federal courts when the Ohio Public Defender provides	159123
representation in federal court cases and to support	159124
representation in such cases.	159125

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

159126

General Revenue Fund	159127

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	159128
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	159129
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	159130

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

159132

General Services Fund Group	159133

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	159134
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	159135
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	159136
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	159137
TOTAL GSF General Services							159138
Fund Group			$	53,739,708	$	35,704,708	159139

Federal Special Revenue Fund Group	159140

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	159141
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	159142
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	159143
3ED0	870631	State Regulators Assistance	$	115,912	$	0	159144
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	159145
TOTAL FED Federal Special Revenue							159146
Fund Group			$	8,357,532	$	8,049,619	159147

State Special Revenue Fund Group	159148

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	159149
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	159150
5610	870606	Power Siting Board	$	581,618	$	581,618	159151
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	159152
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	159153
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	159154
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	159155
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	159156
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	159157
TOTAL SSR State Special Revenue							159158
Fund Group			$	9,549,062	$	9,500,201	159159
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	159160

TELECOMMUNICATIONS TRANSITION PLANNING

159161

The foregoing appropriation item 870622, Utility and Railroad	159162
Regulation, shall be used in part to plan for the transition,	159163
consistent with the directives and policies of the federal	159164
communications commission, from the current public switched	159165
telephone network to an internet-protocol network that will	159166
stimulate investment in the internet-protocol network in Ohio and	159167
that will expand the availability of advanced telecommunications	159168
services to all Ohioans. The transition plan shall include a	159169
review of statutes or rules that may prevent or delay an	159170
appropriate transition. The transition plan shall address consumer	159171
protection issues, including the availability and reliability of	159172
alternatives to basic local exchange service. The commission shall	159173
report to the General Assembly by December 31, 2013, on any	159174
further action required to be taken by the General Assembly to	159175
insure a successful and timely transition.	159176

Section 359.10. PWC PUBLIC WORKS COMMISSION

159177

General Revenue Fund	159178

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	159179
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	159180
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	159181

Clean Ohio Conservation Fund Group	159182

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		159183
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		159184

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

159185

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

159186

The foregoing appropriation item 150904, Conservation General	159187
Obligation Debt Service, shall be used to pay all debt service and	159188
related financing costs during the period from July 1, 2013,	159189
through June 30, 2015, at the times they are required to be made	159190
for obligations issued under sections 151.01 and 151.09 of the	159191
Revised Code.	159192

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

159193

The foregoing appropriation item 150907, State Capital	159194
Improvements General Obligation Debt Service, shall be used to pay	159195
all debt service and related financing costs during the period	159196
from July 1, 2013, through June 30, 2015, at the times they are	159197
required to be made for obligations issued under sections 151.01	159198
and 151.08 of the Revised Code.	159199

CLEAN OHIO OPERATING EXPENSES

159200

The foregoing appropriation item 150403, Clean Ohio Operating	159201
Expenses, shall be used by the Ohio Public Works Commission in	159202
administering Clean Ohio Conservation Fund (Fund 7056) projects	159203
pursuant to sections 164.20 to 164.27 of the Revised Code.	159204

Section 361.10. RAC STATE RACING COMMISSION

159205

State Special Revenue Fund Group	159206

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	159207
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	159208
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	159209
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	159210
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	159211
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	159212
TOTAL SSR State Special Revenue							159213
Fund Group			$	28,329,086	$	28,329,086	159214

Holding Account Redistribution Fund Group	159215

R021	875605	Bond Reimbursements	$	100,000	$	100,000	159216
TOTAL 090 Holding Account Redistribution							159217
Fund Group			$	100,000	$	100,000	159218
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	159219

Section 363.10. BOR BOARD OF REGENTS

159221

General Revenue Fund	159222

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	159223
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	159224
GRF	235402	Sea Grants	$	285,000	$	285,000	159225
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	159226
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	159227
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	159228
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	159229
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	159230
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	159231
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	159232
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	159233
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	159234
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	159235
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	159236
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	159237
GRF	235480	General Technology Operations	$	500,000	$	500,000	159238
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	159239
GRF	235501	State Share of Instruction	$	1,792,320,502	$	1,818,225,497	159240
GRF	235502	Student Support Services	$	632,974	$	632,974	159241
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	159242
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	159243
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	159244
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	159245
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	159246
GRF	235512	OSU Agricultural Technical Institute Supplement	$	0	$	503,870	159247
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	159248
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	159249
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	159250
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	159251
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	159252
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	159253
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	159254
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	159255
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	159256
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	159257
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	159258
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	159259
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	159260
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	159261
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	159262
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	159263
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	159264
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	159265
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	159266
GRF	235558	Long-term Care Research	$	325,300	$	325,300	159267
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	159268
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	159269
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	159270
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	159271
TOTAL GRF General Revenue Fund			$	2,332,558,552	$	2,378,910,162	159272

General Services Fund Group	159273

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	159274
4560	235603	Sales and Services	$	199,250	$	199,250	159275
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	159276
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	159277
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	159278
TOTAL GSF General Services							159279
Fund Group			$	15,102,845	$	13,102,845	159280

Federal Special Revenue Fund Group	159281

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	159282
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	159283
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	159284
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	159285
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	159286
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	159287
TOTAL FED Federal Special Revenue							159288
Fund Group			$	21,535,671	$	21,535,671	159289

State Special Revenue Fund Group	159290

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	159291
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	159292
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	159293
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	159294
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	159295
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	159296
6820	235606	Nursing Loan Program	$	891,320	$	891,320	159297
TOTAL SSR State Special Revenue							159298
Fund Group			$	12,441,303	$	12,491,164	159299

Third Frontier Research & Development Fund Group	159300

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	159301
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	159302
TOTAL ALL BUDGET FUND GROUPS			$	2,389,638,371	$	2,434,039,842	159303

Section 363.20. LEASE RENTAL PAYMENTS

159305

The foregoing appropriation item 235401, Lease Rental	159306
Payments, shall be used to meet all payments at the times they are	159307
required to be made during the period from July 1, 2013, through	159308
June 30, 2015, by the Chancellor of the Board of Regents under	159309
leases and agreements made under section 154.21 of the Revised	159310
Code. These appropriations are the source of funds pledged for	159311
bond service charges on related obligations issued under Chapter	159312
154. of the Revised Code.	159313

Section 363.23. SEA GRANTS

159314

The foregoing appropriation item 235402, Sea Grants, shall be	159315
used to match federal dollars and leverage additional support by	159316
The Ohio State University's Sea Grant program, including Stone	159317
Laboratory, for research, education, and outreach to enhance the	159318
economic value, public utilization, and responsible management of	159319
Lake Erie and Ohio's coastal resources.	159320

Section 363.30. ARTICULATION AND TRANSFER

159321

The foregoing appropriation item 235406, Articulation and	159322
Transfer, shall be used by the Chancellor of the Board of Regents	159323
to maintain and expand the work of the Articulation and Transfer	159324
Council to develop a system of transfer policies to ensure that	159325
students at state institutions of higher education can transfer	159326
and have coursework apply to their majors and degrees at any other	159327
state institution of higher education without unnecessary	159328
duplication or institutional barriers under sections 3333.16,	159329
3333.161, and 3333.162 of the Revised Code.	159330

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

159331

The foregoing appropriation item 235408, Midwest Higher	159332
Education Compact, shall be distributed by the Chancellor of the	159333
Board of Regents under section 3333.40 of the Revised Code.	159334

Section 363.50. HEI INFORMATION SYSTEM

159335

The foregoing appropriation item 235409, HEI Information	159336
System, shall be used by the Chancellor of the Board of Regents to	159337
support the development and implementation of information	159338
technology solutions designed to improve the performance and	159339
services of the Chancellor of the Board of Regents and the	159340
University System of Ohio. Information technology solutions may be	159341
provided by the Ohio Academic Research Network (OARnet).	159342

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

159343

The foregoing appropriation item 235414, State Grants and	159344
Scholarship Administration, shall be used by the Chancellor of the	159345
Board of Regents to administer the following student financial aid	159346
programs: Ohio College Opportunity Grant, Ohio War Orphans'	159347
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	159348
Officers College Memorial Fund, and any other student financial	159349
aid programs created by the General Assembly. The appropriation	159350
item also shall be used to support all state financial aid audits	159351
and student financial aid programs created by Congress, and to	159352
provide fiscal services for the Ohio National Guard Scholarship	159353
Program.	159354

Section 363.70. ESTUDENT SERVICES

159355

The foregoing appropriation item 235417, eStudent Services,	159356
shall be used by the Chancellor of the Board of Regents to support	159357
the continued implementation of eStudent Services, a consortium	159358
organized under division (T) of section 3333.04 of the Revised	159359
Code to expand access to dual enrollment opportunities for high	159360
school students, as well as adult and higher education	159361
opportunities through technology. The funds shall be used by	159362
eStudent Services to develop and promote learning and assessment	159363
through the use of technology, to test and provide advice on	159364
emerging learning-directed technologies, to support the distance	159365
learning clearinghouse and platform created under section 3333.82	159366
of the Revised Code, and to facilitate cost-effectiveness through	159367
shared educational technology investments.	159368

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

159369

The foregoing appropriation item 235428, Appalachian New	159370
Economy Partnership, shall be distributed to Ohio University to	159371
continue a multi-campus and multi-agency coordinated effort to	159372
link Appalachia to the new economy. Ohio University shall use	159373
these funds to provide leadership in the development and	159374
implementation of initiatives in the areas of entrepreneurship,	159375
management, education, and technology.	159376

Section 363.90. ECONOMIC GROWTH CHALLENGE

159377

The foregoing appropriation item 235433, Economic Growth	159378
Challenge, shall be used for administrative expenses of the	159379
Research Incentive Program and other economic advancement	159380
initiatives undertaken by the Chancellor of the Board of Regents.	159381

The Chancellor of the Board of Regents shall use any	159382
appropriation transfer to the foregoing appropriation item 235433,	159383
Economic Growth Challenge, to enhance the basic research and	159384
commercialization capabilities of public colleges and universities	159385
and accredited Ohio institutions of higher education holding	159386
certificates of authorization issued under section 1713.02 of the	159387
Revised Code, in order to strengthen academic research and	159388
commercialization for pursuing Ohio's economic development goals.	159389

Section 363.93. COLLEGE READINESS AND ACCESS

159390

The foregoing appropriation item 235434, College Readiness	159391
and Access, shall be used by the Chancellor of the Board of	159392
Regents to support early college high school initiatives. The	159393
Chancellor shall distribute grants equal to $2,000 per enrolled	159394
early college high school student to institutions of higher	159395
education supporting an early college high school. If the	159396
Chancellor determines that the amounts appropriated are inadequate	159397
to provide full grant awards to all eligible institutions, the	159398
Chancellor may decrease the per student grant amount.	159399

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

159400

The foregoing appropriation item 235438, Choose Ohio First	159401
Scholarship, shall be used to operate the program prescribed in	159402
sections 3333.60 to 3333.70 of the Revised Code.	159403

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

159404

The foregoing appropriation item 235443, Adult Basic and	159405
Literacy Education - State, shall be used to support the adult	159406
basic and literacy education instructional grant program and state	159407
leadership program. The supported programs shall satisfy the state	159408
match and maintenance of effort requirements for the	159409
state-administered grant program.	159410

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	159411
EDUCATION	159412

The foregoing appropriation item 235444, Post-Secondary Adult	159413
Career-Technical Education, shall be used by the Chancellor of the	159414
Board of Regents, in consultation with the Superintendent of	159415
Public Instruction and the Governor's Office of Workforce	159416
Transformation, to support post-secondary adult career-technical	159417
education. The Chancellor of the Board of Regents, the	159418
Superintendent of Public Instruction, and the Governor's Office of	159419
Workforce Transformation, or their designees, shall hold a series	159420
of consultations with the Ohio Technical Centers during fiscal	159421
year 2014 to develop an appropriate funding formula to distribute	159422
these funds based on student outcomes, beginning in fiscal year	159423
2015.	159424

Not later than June 30, 2014, the Chancellor of the Board of	159425
Regents shall establish a One-Year Option credit articulation	159426
system in which graduates of Ohio Technical Centers who complete a	159427
900-hour program of study and obtain an industry-recognized	159428
credential approved by the Chancellor shall receive 30 college	159429
technical credit hours toward a technical degree upon enrollment	159430
in an institution of higher education.	159431

By June 30, 2014, the Chancellor also shall submit a report	159432
to the General Assembly, in accordance with section 101.68 of the	159433
Revised Code, that recommends a process to award proportional	159434
credit toward a technical degree for students who complete a	159435
program of study between 600 and 899 hours and obtain an	159436
industry-recognized credential approved by the Chancellor.	159437

As used in this section, "institution of higher education"	159438
has the same meaning as in section 3345.12 of the Revised Code.	159439

Section 363.130. AREA HEALTH EDUCATION CENTERS

159440

The foregoing appropriation item 235474, Area Health	159441
Education Centers Program Support, shall be used by the Chancellor	159442
of the Board of Regents to support the medical school regional	159443
area health education centers' educational programs for the	159444
continued support of medical and other health professions	159445
education and for support of the Area Health Education Center	159446
Program.	159447

Effective July 1, 2013, the Director of Budget and Management	159448
shall cancel any existing encumbrances against appropriation item	159449
935408, General Operations, and re-establish them, as determined	159450
to be appropriate by the Director of Budget and Management,	159451
against appropriation item 235480, General Technology Operations.	159452
The re-established encumbrance amounts are hereby appropriated.	159453
Any business commenced but not completed under appropriation item	159454
935408, General Operations, by July 1, 2013, shall be completed,	159455
as determined to be appropriate by the Director of Budget and	159456
Management, under appropriation item 235480, General Technology	159457
Operations, in the same manner and with the same effect as if it	159458
were completed with regard to appropriation item 935408, General	159459
Operations.	159460

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	159461
DEVELOPMENT	159462

Of the foregoing appropriation item 235483, Technology	159463
Integration and Professional Development, up to $2,000,000 in each	159464
fiscal year shall be used to provide grants on a competitive basis	159465
to public and chartered nonpublic schools for their participation	159466
in the electronic textbook pilot project. These grants shall be	159467
administered as provided under the section of this act entitled	159468
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	159469
possible thereafter, the Chancellor of the Board of Regents may	159470
certify to the Director of Budget and Management the amount of the	159471
unexpended, unencumbered balance of this set aside at the end of	159472
fiscal year 2014 to be appropriated to fiscal year 2015. The	159473
amount certified is hereby reappropriated for the same purpose for	159474
fiscal year 2015.	159475

The remainder of the foregoing appropriation item 235483,	159476
Technology Integration and Professional Development, shall be used	159477
by the Ohio Department of Education and the Chancellor of the	159478
Board of Regents for the provision of staff development, hardware,	159479
software, telecommunications services, and information resources	159480
to support educational uses of technology in the classroom and at	159481
a distance and for professional development for teachers,	159482
administrators, and technology staff on the use of educational	159483
technology in qualifying public schools, including the State	159484
School for the Blind, the School for the Deaf, and the Department	159485
of Youth Services.	159486

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

159487

The Chancellor of the Board of Regents shall establish	159488
procedures to allocate the foregoing appropriation item 235501,	159489
State Share of Instruction, based on the formulas detailed in this	159490
section that utilize the enrollment, course completion, degree	159491
attainment, and student achievement factors reported annually by	159492
each state institution of higher education participating in the	159493
Higher Education Information (HEI) system.	159494

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE	159495
COMPLETIONS	159496

(1) As soon as possible during each fiscal year of the	159497
biennium ending June 30, 2015, in accordance with instructions of	159498
the Board of Regents, each state institution of higher education	159499
shall report its actual data, consistent with the definitions in	159500
the Higher Education Information (HEI) system's enrollment files,	159501
to the Chancellor of the Board of Regents.	159502

(2) In defining the number of full-time equivalent students	159503
for state subsidy instructional cost purposes, the Chancellor of	159504
the Board of Regents shall exclude all undergraduate students who	159505
are not residents of Ohio, except those charged in-state fees in	159506
accordance with reciprocity agreements made under section 3333.17	159507
of the Revised Code or employer contracts entered into under	159508
section 3333.32 of the Revised Code.	159509

(3) In calculating the core subsidy entitlements for	159510
university branch and main campuses, the Chancellor of the Board	159511
of Regents shall use the following count of FTE students:	159512

(a) The subsidy eligible enrollments by model shall equal	159513
only those FTE students who successfully complete the course as	159514
defined and reported through the Higher Education Information	159515
(HEI) system course enrollment file;	159516

(b) Those undergraduate FTE students with successful course	159517
completions, identified in division (A)(3)(a) of this section,	159518
that had an expected family contribution less than 2190 or were	159519
determined to have been in need of remedial education shall be	159520
defined as at-risk students and shall have their eligible	159521
completions weighted by the following:	159522

(i) Campus-specific course completion indexes, where the	159523
indexes are calculated based upon the number of at-risk students	159524
enrolled during the 2010-2012 academic years; and	159525

(ii) A statewide average at-risk course completion weight	159526
determined for each subsidy model. The statewide average at-risk	159527
course completion weight shall be determined by calculating the	159528
difference between the percentage of traditional students who	159529
complete a course and the percentage of at-risk students who	159530
complete the same course.	159531

(4) In calculating the core subsidy entitlements for Medical	159532
II models only, students repeating terms may be no more than five	159533
per cent of current year enrollment.	159534

(5) In calculating the core subsidy entitlements for students	159535
enrolled in state-supported law schools, subsidy eligible FTE	159536
completions shall be limited to students identified as residents	159537
of Ohio.	159538

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

159539

For purposes of calculating state share of instruction	159540
allocations, the total instructional costs per full-time	159541
equivalent student shall be:	159542

Model	Fiscal Year 2014	Fiscal Year 2015	159543
ARTS AND HUMANITIES 1	$7,803	$7,940	159544
ARTS AND HUMANITIES 2	$10,828	$11,018	159545
ARTS AND HUMANITIES 3	$13,988	$14,234	159546
ARTS AND HUMANITIES 4	$20,242	$20,598	159547
ARTS AND HUMANITIES 5	$33,969	$34,567	159548
ARTS AND HUMANITIES 6	$38,280	$38,954	159549
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	159550
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	159551
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	159552
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	159553
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	159554
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	159555
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	159556
MEDICAL 1	$53,424	$54,365	159557
MEDICAL 2	$45,873	$46,681	159558
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	159559
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	159560
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	159561
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	159562
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	159563
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	159564
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	159565
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	159566
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	159567

Doctoral I and Doctoral II models shall be allocated in	159568
accordance with division (D)(3) of this section.	159569

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	159570
AND GRADUATE WEIGHTS	159571

For the purpose of implementing the recommendations of the	159572
2006 State Share of Instruction Consultation and the Higher	159573
Education Funding Study Council that priority be given to	159574
maintaining state support for science, technology, engineering,	159575
mathematics, medicine, and graduate programs, the costs in	159576
division (B) of this section shall be weighted by the amounts	159577
provided below:	159578

Model	Fiscal Year 2014	Fiscal Year 2015	159579
ARTS AND HUMANITIES 1	1.0000	1.0000	159580
ARTS AND HUMANITIES 2	1.0000	1.0000	159581
ARTS AND HUMANITIES 3	1.0000	1.0000	159582
ARTS AND HUMANITIES 4	1.0000	1.0000	159583
ARTS AND HUMANITIES 5	1.0425	1.0425	159584
ARTS AND HUMANITIES 6	1.0425	1.0425	159585
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	159586
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	159587
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	159588
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	159589
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	159590
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	159591
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	159592
MEDICAL 1	1.6456	1.6456	159593
MEDICAL 2	1.7462	1.7462	159594
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	159595
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	159596
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	159597
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	159598
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	159599
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	159600
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	159601
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	159602
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	159603

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	159604
ENTITLEMENTS AND ADJUSTMENTS	159605

(1) Of the foregoing appropriation item 235501, State Share	159606
of Instruction, 25 per cent of the fiscal year 2014 appropriation	159607
for state-supported community colleges, state community colleges,	159608
and technical colleges shall be allocated to colleges in	159609
proportion to their share of college student success factors as	159610
adopted by the Chancellor of the Board of Regents in formal	159611
communication to the Controlling Board on August 30, 2010.	159612

(2) Of the foregoing appropriation item 235501, State Share	159613
of Instruction, 25 per cent of the fiscal year 2014 appropriation	159614
for state-supported community colleges, state community colleges,	159615
and technical colleges shall be reserved for course completion	159616
FTEs as aggregated by the subsidy models defined in division (B)	159617
of this section.	159618

The course completion funding shall be allocated to colleges	159619
in proportion to each campuses' share of the total sector's course	159620
completions, weighted by the instructional cost of the subsidy	159621
models.	159622

To calculate the subsidy entitlements for course completions	159623
at community colleges, state community colleges, and technical	159624
colleges, the Chancellor of the Board of Regents shall use the	159625
following calculations:	159626

(a) In calculating each campus's count of FTE course	159627
completions, the Chancellor of the Board of Regents shall use the	159628
three-year average course completions for the three-year period	159629
ending in the prior year.	159630

(b) The model costs as used in the calculation shall be	159631
augmented by the model weights for science, technology,	159632
engineering, mathematics, and medicine models as established in	159633
division (C) of this section.	159634

(3) Of the foregoing appropriation item 235501, State Share	159635
of Instruction, up to 11.78 per cent of the appropriation for	159636
universities, as established in division (A)(2) of the section of	159637
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159638
2014 and 2015," in each fiscal year shall be reserved for support	159639
of doctoral programs to implement the funding recommendations made	159640
by representatives of the universities. The amount so reserved	159641
shall be referred to as the doctoral set-aside.	159642

The doctoral set-aside shall be allocated to universities as	159643
follows:	159644

(a) 62.50 per cent of the doctoral set-aside in fiscal year	159645
2014 and 55 per cent of the doctoral set-aside in fiscal year 2015	159646
shall be allocated to universities in proportion to their share of	159647
the statewide total of each state institution's three-year average	159648
Doctoral I equivalent FTEs as calculated on an institutional basis	159649
using historical FTEs for the period fiscal year 1994 through	159650
fiscal year 1998 with annualized FTEs for fiscal years 1994	159651
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	159652
reflect the effects of doctoral review and subsequent changes in	159653
Doctoral I equivalent enrollments. For the purposes of this	159654
calculation, Doctoral I equivalent FTEs shall equal the sum of	159655
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	159656

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	159657
and 30 per cent of the doctoral set-aside in fiscal year 2015	159658
shall be allocated to universities in proportion to each campus's	159659
share of the total statewide doctoral degrees, weighted by the	159660
cost of the doctoral discipline. In calculating each campus's	159661
doctoral degrees the Chancellor of the Board of Regents shall use	159662
the three-year average doctoral degrees awarded for the three-year	159663
period ending in the prior year.	159664

(c) 12.5 per cent of the doctoral set-aside in fiscal year	159665
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	159666
shall be allocated to universities in proportion to their share of	159667
research grant activity, using a data collection method that is	159668
reviewed and approved by the presidents of Ohio's doctoral degree	159669
granting universities. In the event that the data collection	159670
method is not available, funding for this component shall be	159671
allocated to universities in proportion to their share of research	159672
grant activity published by the National Science Foundation. Grant	159673
awards from the Department of Health and Human Services shall be	159674
weighted at 50 per cent.	159675

(4) Of the foregoing appropriation item 235501, State Share	159676
of Instruction, 6.41 per cent of the appropriation for	159677
universities, as established in division (A)(2) of the section of	159678
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159679
2014 AND 2015," in each fiscal year shall be reserved for support	159680
of Medical II FTEs. The amount so reserved shall be referred to as	159681
the medical II set-aside.	159682

The medical II set-aside shall be allocated to universities	159683
in proportion to their share of the statewide total of each state	159684
institution's three-year average Medical II FTEs as calculated in	159685
division (A) of this section, weighted by model cost.	159686

(5) Of the foregoing appropriation item 235501, State Share	159687
of Instruction, 1.48 per cent of the appropriation for	159688
universities, as established in division (A)(2) of the section of	159689
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159690
2014 AND 2015," in each fiscal year shall be reserved for support	159691
of Medical I FTEs. The amount so reserved shall be referred to as	159692
the medical I set-aside.	159693

The medical I set-aside shall be allocated to universities in	159694
proportion to their share of the statewide total of each state	159695
institution's three-year average Medical I FTEs as calculated in	159696
division (A) of this section.	159697

(6) Of the foregoing appropriation item 235501, State Share	159698
of Instruction, 50 per cent of the appropriation in each fiscal	159699
year for universities, net any earmarked funding for university	159700
regional campuses as detailed in division (B)(1) of the section of	159701
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159702
2014 AND 2015," shall be reserved for support of associate,	159703
baccalaureate, master's, and professional level degree attainment.	159704

The degree attainment funding shall be allocated to	159705
universities in proportion to each campus's share of the total	159706
statewide degrees granted, weighted by the cost of the degree	159707
programs. The degree cost calculations shall include the model	159708
cost weights for the science, technology, engineering,	159709
mathematics, and medicine models as established in division (C) of	159710
this section.	159711

For degrees including credits earned at multiple	159712
institutions, in fiscal year 2015, degree attainment funding shall	159713
be allocated to universities and branch campuses in proportion to	159714
each campus's share of the cost of earned credits for the degree.	159715
Each institution shall receive its prorated share of degree	159716
funding for credits earned at that institution. Cost of credits	159717
not earned at a university main or regional campus shall be	159718
credited to the degree-granting institution.	159719

In calculating the subsidy entitlements for degree attainment	159720
at university main and regional campuses, the Chancellor of the	159721
Board of Regents shall use the following count of degrees and	159722
degree costs:	159723

(a) The subsidy eligible undergraduate degrees shall be	159724
defined as follows:	159725

(i) The subsidy eligible degrees conferred to students	159726
identified as residents of the state of Ohio in any term of their	159727
studies, as reported through the Higher Education Information	159728
(HEI) system student enrollment file, shall be weighted by a	159729
factor of 1.	159730

(ii) The subsidy eligible degrees conferred to students	159731
identified as out-of-state residents during all terms of their	159732
studies, as reported through the Higher Education Information	159733
(HEI) system student enrollment file, who remain in the state of	159734
Ohio at least one year after graduation, as calculated based on	159735
the three-year average in-state residency rate for out-of-state	159736
students at each institution, shall be weighted by a factor of 50	159737
per cent. For fiscal year 2014, subsidy eligible degrees conferred	159738
to all out-of-state students shall be weighted by a factor of 25	159739
per cent.	159740

(b) In fiscal year 2014, for those associate degrees awarded	159741
by a state-supported university, the subsidy eligible degrees	159742
granted are defined as only those earned by students attending a	159743
university that received funding under GRF appropriation item	159744
235418, Access Challenge, in fiscal year 2009. In fiscal year	159745
2015, subsidy eligible associate degrees are defined as those	159746
earned by students attending any state-supported university main	159747
or regional campus.	159748

(c) In calculating each campus's count of degrees, the	159749
Chancellor of the Board of Regents shall use the three-year	159750
average associate, baccalaureate, master's, and professional	159751
degrees awarded for the three-year period ending in the prior	159752
year. In fiscal year 2014, university regional campuses are not	159753
eligible for degree completion funding. In fiscal year 2015, all	159754
university campuses are eligible for degree completion funding.	159755

(d) For fiscal year 2014, eligible associate degrees defined	159756
in division (D)(6)(b) of this section and all bachelor's degrees	159757
earned by a student that either had an expected family	159758
contribution less than 2190, was determined to have been in need	159759
of remedial education, is Native American, African American, or	159760
Hispanic, or is at least age 26 at the time of graduation, shall	159761
be defined as degrees earned by an at-risk student and shall be	159762
weighted by the following:	159763

(i) A campus-specific at-risk index, where the index is	159764
calculated based on the proportion of at-risk students enrolled	159765
during a four-year cohort beginning in fiscal year 2001, 2002,	159766
2003, or 2004; and	159767

(ii) A statewide average at-risk degree completion weight	159768
determined by calculating the difference between the percentage of	159769
non-at-risk students who earned a degree and the percentage of	159770
at-risk students who earned a degree in eight years or less.	159771

(e) For fiscal year 2015, eligible associate degrees defined	159772
in division (D)(6)(b) of this section and all bachelor's degrees	159773
earned by a student that either had an expected family	159774
contribution less than 2190, was determined to be in need of	159775
remedial education, is Native American, African American, or	159776
Hispanic, or is at least 26 years of age at the time of	159777
graduation, shall be defined as degrees earned by an at-risk	159778
student and shall be weighted by the following:	159779

A student-specific degree completion weight, where the weight	159780
is calculated based on the at risk factors of the individual	159781
student, determined by calculating the difference between the	159782
percentage of students with each risk factor who earned a degree	159783
and the percentage of non-at-risk students who earned a degree.	159784

(7) State share of instruction base formula earnings shall be	159785
determined as follows:	159786

(a) The instructional costs shall be determined by	159787
multiplying the amounts listed above in divisions (B) and (C) of	159788
this section by the average subsidy-eligible FTEs for the	159789
three-year period ending in the prior year for all models except	159790
Doctoral I and Doctoral II.	159791

(b) The Chancellor of the Board of Regents shall compute a	159792
uniform state share of instructional costs for each sector.	159793

(i) For the state-supported community colleges, state	159794
community colleges, and technical colleges, in fiscal year 2014	159795
the Chancellor of the Board of Regents shall compute the uniform	159796
state share of instructional costs for enrollment by dividing the	159797
sector level appropriation total as determined by the Chancellor	159798
in division (A)(1) of the section of this act entitled "STATE	159799
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159800
pursuant to divisions (B) and (C) of that section, less the	159801
student college success allocation as described in division (D)(1)	159802
of this section and less the course completion allocation as	159803
detailed in division (D)(2) of this section, by the sum of all	159804
eligible campuses' instructional costs as calculated in division	159805
(D)(7)(b) of this section.	159806

(ii) For the state-supported university regional campuses, in	159807
fiscal year 2014 the Chancellor of the Board of Regents shall	159808
compute the uniform state share of instructional costs by dividing	159809
the sector level appropriation, as determined by the Chancellor in	159810
division (A)(2) of the section of this act entitled "STATE SHARE	159811
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159812
pursuant to division (B) of that section by the sum of all	159813
campuses' instructional costs as calculated in division (D)(7)(b)	159814
of this section.	159815

(iii) For the state-supported university main campuses, in	159816
fiscal year 2014 the Chancellor of the Board of Regents shall	159817
compute the uniform state share of instructional costs by dividing	159818
the sector level appropriation, as determined by the Chancellor in	159819
division (A)(3) of the section of this act entitled "STATE SHARE	159820
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159821
pursuant to division (B) of that section, less the degree	159822
attainment funding as calculated in divisions (D)(3) to (6) of	159823
this section, less the doctoral set-aside, less the medical I	159824
set-aside, and less the medical II set-aside, by the sum of all	159825
campuses' instructional costs as calculated in division (D)(7)(b)	159826
of this section.	159827

(iv) For the state university regional and main campuses, in	159828
fiscal year 2015 the Chancellor of the Board of Regents shall	159829
compute the uniform state share of instructional costs by dividing	159830
the university appropriation, as determined by the Chancellor in	159831
division (A)(3) of the section of this act entitled "STATE SHARE	159832
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159833
pursuant to division (B) of that section, less the degree	159834
attainment funding as calculated in divisions (D)(3) to (6) of	159835
this section, less the doctoral set-aside, less the medical I	159836
set-aside, and less the medical II set-aside, by the sum of all	159837
campuses' instructional costs as calculated in division (D)(7)(b)	159838
of this section.	159839

(c) The formula entitlement shall be determined by	159840
multiplying the uniform state share of instructional costs	159841
calculated in division (D)(7)(c) of this section by the	159842
instructional cost determined in division (D)(7)(b) of this	159843
section.	159844

(8) In addition to the student success allocation, doctoral	159845
set-aside, medical I set-aside, medical II set-aside, and the	159846
degree attainment allocation determined in divisions (D)(1) to (6)	159847
of this section and the formula entitlement determined in division	159848
(D)(7) of this section, an allocation based on facility-based	159849
plant operations and maintenance (POM) subsidy shall be made. For	159850
each eligible university main campus, the amount of the POM	159851
allocation in each fiscal year shall be distributed based on what	159852
each campus received in the fiscal year 2009 POM allocation.	159853

Any POM allocations required by this division shall be funded	159854
by proportionately reducing formula entitlement earnings,	159855
including the POM allocations, for all campuses in that sector.	159856

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	159857
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	159858

In addition to and after the adjustments noted above, in	159859
fiscal year 2014, no community college, state community college,	159860
or technical college shall receive a state share of instruction	159861
allocation that is less than 97 per cent of the prior year's state	159862
share of instruction earnings. Funds shall be made available to	159863
support this allocation by proportionately reducing formula	159864
entitlement earnings from those campuses, within the community,	159865
state community, and technical college sector, that are not	159866
receiving stability funding.	159867

(10) CAPITAL COMPONENT DEDUCTION

159868

After all other adjustments have been made, state share of	159869
instruction earnings shall be reduced for each campus by the	159870
amount, if any, by which debt service charged in Am. H.B. 748 of	159871
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	159872
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	159873
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	159874
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	159875
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	159876
562 of the 127th General Assembly for that campus exceeds that	159877
campus's capital component earnings. The sum of the amounts	159878
deducted shall be transferred to appropriation item 235552,	159879
Capital Component, in each fiscal year.	159880

(E) EXCEPTIONAL CIRCUMSTANCES

159881

Adjustments may be made to the state share of instruction	159882
payments and other subsidies distributed by the Chancellor of the	159883
Board of Regents to state colleges and universities for	159884
exceptional circumstances. No adjustments for exceptional	159885
circumstances may be made without the recommendation of the	159886
Chancellor and the approval of the Controlling Board.	159887

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	159888
INSTRUCTION	159889

The standard provisions of the state share of instruction	159890
calculation as described in the preceding sections of temporary	159891
law shall apply to any reductions made to appropriation item	159892
235501, State Share of Instruction, before the Chancellor of the	159893
Board of Regents has formally approved the final allocation of the	159894
state share of instruction funds for any fiscal year.	159895

Any reductions made to appropriation item 235501, State Share	159896
of Instruction, after the Chancellor of the Board of Regents has	159897
formally approved the final allocation of the state share of	159898
instruction funds for any fiscal year, shall be uniformly applied	159899
to each campus in proportion to its share of the final allocation.	159900

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

159901

The state share of instruction payments to the institutions	159902
shall be in substantially equal monthly amounts during the fiscal	159903
year, unless otherwise determined by the Director of Budget and	159904
Management pursuant to section 126.09 of the Revised Code.	159905
Payments during the first six months of the fiscal year shall be	159906
based upon the state share of instruction appropriation estimates	159907
made for the various institutions of higher education according to	159908
the Chancellor of the Board of Regents enrollment, completion, and	159909
performance estimates. Payments during the last six months of the	159910
fiscal year shall be distributed after approval of the Controlling	159911
Board upon the request of the Chancellor.	159912

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	159913
STATE SHARE OF INSTRUCTION FORMULAS	159914

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	159915
COLLEGES	159916

Community college presidents, or their designees, in	159917
consultation with the Chancellor of the Board of Regents, shall	159918
study the most appropriate formula weights for students who come	159919
from "at-risk" populations and recommend how they may be used to	159920
determine allocations of appropriations to community colleges from	159921
appropriation item 235501, State Share of Instruction, in fiscal	159922
year 2015. The study shall identify the socio-economic,	159923
demographic, academic, personal, and other factors that identify a	159924
student as being "at-risk" of academic failure, and recommend how	159925
these factors may be used to determine allocations of the State	159926
Share of Instruction for community colleges in fiscal year 2015.	159927
The study shall be completed by December 31, 2013. Notwithstanding	159928
any provision of law to the contrary, community college	159929
presidents, or their designees, in consultation with the	159930
Chancellor of the Board of Regents, shall use the results of the	159931
study to recommend changes in the determination of the	159932
distribution of the community college allocations beginning in	159933
fiscal year 2015 and shall report any such formula change	159934
recommendations to the Governor, the General Assembly, and the	159935
Office of Budget and Management not later than February 15, 2014.	159936

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	159937
MEASURES FOR COMMUNITY COLLEGES	159938

Community college presidents, or their designees, in	159939
consultation with the Chancellor of the Board of Regents, shall	159940
study the most appropriate formula weights for the "success	159941
points" and completion performance measures used in the allocation	159942
of appropriations to community colleges from appropriation item	159943
235501, State Share of Instruction, in fiscal year 2015. The study	159944
shall research the most appropriate success points and completion	159945
measures that occur during the academic career of community	159946
college students and recommend revisions to the current State	159947
Share of Instruction model to fund achievement of the success	159948
points beginning in fiscal year 2015. In addition, community	159949
college presidents, or their designees, in consultation with the	159950
Chancellor of the Board of Regents, shall determine how the	159951
community college's fiscal year 2015 share of State Share of	159952
Instruction funding shall be distributed among its success points,	159953
completion measures and course completion funding, or other	159954
performance and access measures. The study shall be completed by	159955
December 31, 2013. Notwithstanding any provision of law to the	159956
contrary, community college presidents, or their designees, in	159957
consultation with the Chancellor of the Board of Regents, shall	159958
use the results of the study to recommend changes in the	159959
determination of the distribution of the community college	159960
allocations beginning in fiscal year 2015 and shall report any	159961
such formula change recommendations to the Governor, the General	159962
Assembly, and the Office of Budget and Management not later than	159963
February 15, 2014.	159964

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159965
2014 AND 2015	159966

(A) The foregoing appropriation item 235501, State Share of	159967
Instruction, shall be distributed according to the section of this	159968
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	159969

(1) Of the foregoing appropriation item 235501, State Share	159970
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	159971
in fiscal year 2015 shall be distributed to state-supported	159972
community colleges, state community colleges, and technical	159973
colleges.	159974

(2) Of the foregoing appropriation item 235501, State Share	159975
of Instruction, $1,372,968,020 in fiscal year 2014 and	159976
$1,399,124,069 in fiscal year 2015 shall be distributed to	159977
state-supported university main and regional campuses.	159978

(B) Of the amounts earmarked in division (A)(2) of this	159979
section:	159980

(1) $116,181,104 in fiscal year 2014 shall be distributed to	159981
state university regional campuses.	159982

(2) $3,923,764 in each fiscal year shall be distributed to	159983
university main campuses based on each campus's share of the	159984
appropriation item 235418, Access Challenge, in fiscal year 2009.	159985

(C) Of the foregoing appropriation item 235501, State Share	159986
of Instruction, $8,095,005 in fiscal year 2014 shall be used by	159987
the Chancellor to provide supplemental subsidy payments to each	159988
campus receiving a State Share of Instruction allocation, as	159989
determined according to the section of this act entitled "STATE	159990
SHARE OF INSTRUCTION FORMULAS" and divisions (A) and (B) of this	159991
section, in fiscal year 2014 that is lower than that campus's	159992
State Share of Instruction allocation in fiscal year 2013. If the	159993
Chancellor determines that the amounts earmarked for these	159994
supplemental subsidies are inadequate to provide full payments to	159995
all eligible campuses, the Chancellor shall proportionally reduce	159996
payment amounts.	159997

(D) The POM adjustment in division (D)(7) of the section of	159998
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	159999
Access Challenge earmark in division (B) of this section shall	160000
expire on June 30, 2015.	160001

(E) The state share of instruction payments to the	160002
institutions shall be in substantially equal monthly amounts	160003
during the fiscal year, unless otherwise determined by the	160004
Director of Budget and Management pursuant to section 126.09 of	160005
the Revised Code. Payments during the last six months of the	160006
fiscal year shall be distributed after approval of the Controlling	160007
Board upon the request of the Chancellor of the Board of Regents.	160008

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	160009
UNIVERSITIES	160010

Notwithstanding any provision of law to the contrary, in	160011
consultation with the Chancellor of the Board of Regents, a	160012
state-supported university may request to transfer its fiscal year	160013
2014 state share of instruction subsidy allocations of the	160014
foregoing appropriation item 235501, State Share of Instruction,	160015
between a university main campus and any university branch campus	160016
for which the university main campus is affiliated to best	160017
accomplish institutional goals and objectives. At the request of	160018
the Chancellor of the Board of Regents, the Director of Budget and	160019
Management may transfer the requested amounts of state share of	160020
instruction appropriation allocations between affiliated	160021
university branch campuses and university main campuses.	160022

Section 363.220. RESTRICTION ON FEE INCREASES

160023

The boards of trustees of state institutions of higher	160024
education shall restrain increases in in-state undergraduate	160025
instructional and general fees. Each state university and the	160026
Northeast Ohio Medical University shall not increase its in-state	160027
undergraduate instructional and general fees by more than 2.0 per	160028
cent or $188, whichever is higher, over what the institution	160029
charged for the preceding academic year.	160030

Each university regional campus shall not increase its	160031
in-state undergraduate instructional and general fees by more than	160032
2.0 per cent or $114, whichever is higher, over what the	160033
institution charged for the preceding academic year.	160034

Each community college, state community college, and	160035
technical college shall not increase its in-state undergraduate	160036
instructional and general fees by more than $100 over what the	160037
institution charged for the preceding academic year.	160038

These limitations shall not apply to increases required to	160039
comply with institutional covenants related to their obligations	160040
or to meet unfunded legal mandates or legally binding obligations	160041
incurred or commitments made prior to the effective date of this	160042
section with respect to which the institution had identified such	160043
fee increases as the source of funds. Any increase required by	160044
such covenants and any such mandates, obligations, or commitments	160045
shall be reported by the Chancellor of the Board of Regents to the	160046
Controlling Board. These limitations may also be modified by the	160047
Chancellor of the Board of Regents, with the approval of the	160048
Controlling Board, to respond to exceptional circumstances as	160049
identified by the Chancellor of the Board of Regents.	160050

These limitations shall not apply to institutions	160051
participating in an undergraduate tuition guarantee program	160052
pursuant to section 3345.48 of the Revised Code.	160053

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

160054

(A) Funds appropriated for instructional subsidies at	160055
colleges and universities may be used to provide such branch or	160056
other off-campus undergraduate courses of study and such master's	160057
degree courses of study as may be approved by the Chancellor of	160058
the Board of Regents.	160059

(B) In providing instructional and other services to	160060
students, boards of trustees of state institutions of higher	160061
education shall supplement state subsidies with income from	160062
charges to students. Except as otherwise provided in this act,	160063
each board shall establish the fees to be charged to all students,	160064
including an instructional fee for educational and associated	160065
operational support of the institution and a general fee for	160066
noninstructional services, including locally financed student	160067
services facilities used for the benefit of enrolled students. The	160068
instructional fee and the general fee shall encompass all charges	160069
for services assessed uniformly to all enrolled students. Each	160070
board may also establish special purpose fees, service charges,	160071
and fines as required; such special purpose fees and service	160072
charges shall be for services or benefits furnished individual	160073
students or specific categories of students and shall not be	160074
applied uniformly to all enrolled students. A tuition surcharge	160075
shall be paid by all students who are not residents of Ohio.	160076

The board of trustees of a state institution of higher	160077
education shall not authorize a waiver or nonpayment of	160078
instructional fees or general fees for any particular student or	160079
any class of students other than waivers specifically authorized	160080
by law or approved by the Chancellor. This prohibition is not	160081
intended to limit the authority of boards of trustees to provide	160082
for payments to students for services rendered the institution,	160083
nor to prohibit the budgeting of income for staff benefits or for	160084
student assistance in the form of payment of such instructional	160085
and general fees.	160086

Each state institution of higher education in its statement	160087
of charges to students shall separately identify the instructional	160088
fee, the general fee, the tuition charge, and the tuition	160089
surcharge. Fee charges to students for instruction shall not be	160090
considered to be a price of service but shall be considered to be	160091
an integral part of the state government financing program in	160092
support of higher educational opportunity for students.	160093

(C) The boards of trustees of state institutions of higher	160094
education shall ensure that faculty members devote a proper and	160095
judicious part of their work week to the actual instruction of	160096
students. Total class credit hours of production per academic term	160097
per full-time faculty member is expected to meet the standards set	160098
forth in the budget data submitted by the Chancellor of the Board	160099
of Regents.	160100

(D) The authority of government vested by law in the boards	160101
of trustees of state institutions of higher education shall in	160102
fact be exercised by those boards. Boards of trustees may consult	160103
extensively with appropriate student and faculty groups.	160104
Administrative decisions about the utilization of available	160105
resources, about organizational structure, about disciplinary	160106
procedure, about the operation and staffing of all auxiliary	160107
facilities, and about administrative personnel shall be the	160108
exclusive prerogative of boards of trustees. Any delegation of	160109
authority by a board of trustees in other areas of responsibility	160110
shall be accompanied by appropriate standards of guidance	160111
concerning expected objectives in the exercise of such delegated	160112
authority and shall be accompanied by periodic review of the	160113
exercise of this delegated authority to the end that the public	160114
interest, in contrast to any institutional or special interest,	160115
shall be served.	160116

Section 363.240. STUDENT SUPPORT SERVICES

160117

The foregoing appropriation item 235502, Student Support	160118
Services, shall be distributed by the Chancellor of the Board of	160119
Regents to Ohio's state colleges and universities that incur	160120
disproportionate costs in the provision of support services to	160121
disabled students.	160122

Section 363.250. WAR ORPHANS SCHOLARSHIPS

160123

The foregoing appropriation item 235504, War Orphans	160124
Scholarships, shall be used to reimburse state institutions of	160125
higher education for waivers of instructional fees and general	160126
fees provided by them, to provide grants to institutions that have	160127
received a certificate of authorization from the Chancellor of the	160128
Board of Regents under Chapter 1713. of the Revised Code, in	160129
accordance with the provisions of section 5910.04 of the Revised	160130
Code, and to fund additional scholarship benefits provided by	160131
section 5910.032 of the Revised Code.	160132

Section 363.260. OHIOLINK

160133

The foregoing appropriation item 235507, OhioLINK, shall be	160134
used by the Chancellor of the Board of Regents to support	160135
OhioLINK, a consortium organized under division (T) of section	160136
3333.04 of the Revised Code to serve as the state's electronic	160137
library information and retrieval system, which provides access	160138
statewide to an extensive set of electronic databases and	160139
resources, the library holdings of Ohio's public and participating	160140
private nonprofit colleges and universities, and the State Library	160141
of Ohio.	160142

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

160143

The foregoing appropriation item 235508, Air Force Institute	160144
of Technology, shall be used to: (A) strengthen the research and	160145
educational linkages between the Wright Patterson Air Force Base	160146
and institutions of higher education in Ohio; and (B) support the	160147
Dayton Area Graduate Studies Institute, an engineering graduate	160148
consortium of Wright State University, the University of Dayton,	160149
and the Air Force Institute of Technology, with the participation	160150
of the University of Cincinnati and The Ohio State University.	160151

Section 363.280. OHIO SUPERCOMPUTER CENTER

160152

The foregoing appropriation item 235510, Ohio Supercomputer	160153
Center, shall be used by the Chancellor of the Board of Regents to	160154
support the operation of the Ohio Supercomputer Center, a	160155
consortium organized under division (T) of section 3333.04 of the	160156
Revised Code, located at The Ohio State University. The Ohio	160157
Supercomputer Center is a statewide resource available to Ohio	160158
research universities both public and private. It is also intended	160159
that the center be made accessible to private industry as	160160
appropriate.	160161

Funds shall be used, in part, to support the Ohio	160162
Supercomputer Center's Computational Science Initiative, which	160163
includes its industrial outreach program, Blue Collar Computing,	160164
and its School of Computational Science. These collaborations	160165
between the Ohio Supercomputer Center and Ohio's colleges and	160166
universities shall be aimed at making Ohio a leader in using	160167
computer modeling to promote economic development.	160168

Section 363.290. COOPERATIVE EXTENSION SERVICE

160169

The foregoing appropriation item 235511, Cooperative	160170
Extension Service, shall be disbursed through the Chancellor of	160171
the Board of Regents to The Ohio State University in monthly	160172
payments, unless otherwise determined by the Director of Budget	160173
and Management under section 126.09 of the Revised Code.	160174

Of the foregoing appropriation item 235511, Cooperative	160175
Extension Service, up to $30,000 in fiscal year 2014 shall be used	160176
to develop an in-school agriculturally based curriculum for	160177
inclusion within the regular classroom curriculum of an elementary	160178
school in the Cleveland Municipal School District and the	160179
Cincinnati City School District.	160180

Of the foregoing appropriation item 235511, Cooperative	160181
Extension Service, up to $73,450 in each fiscal year shall be used	160182
to support a City of Cleveland Program Manager tasked with	160183
preparing regular classroom teachers in one elementary school to	160184
recruit and train volunteers for an after-school 4-H Club.	160185

Of the foregoing appropriation item 235511, Cooperative	160186
Extension Service, $73,450 in each fiscal year shall be used to	160187
support a City of Cincinnati Program Manager tasked with preparing	160188
regular classroom teachers in one elementary school to recruit and	160189
train volunteers for an after-school 4-H Club.	160190

Section 363.293. OSU AGRICULTURAL TECHNICAL INSTITUTE	160191
SUPPLEMENT	160192

The foregoing appropriation item 235512, OSU Agricultural	160193
Technical Institute Supplement, shall be used to support The Ohio	160194
State University Agricultural Technical Institute Campus.	160195

Section 363.300. CENTRAL STATE SUPPLEMENT

160196

The foregoing appropriation item 235514, Central State	160197
Supplement, shall be disbursed by the Chancellor of the Board of	160198
Regents to Central State University in accordance with the plan	160199
developed by the Chancellor and submitted to the Governor and the	160200
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	160201
General Assembly. Funds shall be used in a manner consistent with	160202
the goals of increasing enrollment, improving course completion,	160203
and increasing the number of degrees conferred.	160204

The Chancellor shall monitor the implementation of the plan	160205
and the use of funds. Central State University shall provide any	160206
information requested by the Chancellor related to the	160207
implementation of the plan. If the Chancellor determines that	160208
Central State University's use of supplemental funds is not in	160209
accordance with the plan or if the plan is not having the desired	160210
effect, the Chancellor may notify Central State University that	160211
the plan is suspended. Upon receiving such notice, Central State	160212
University shall avoid all unnecessary expenditures under the	160213
plan. The Chancellor shall notify the Controlling Board of the	160214
suspension of the plan and within sixty days prepare a new plan	160215
for the use of any remaining funds.	160216

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	160217
MEDICINE	160218

The foregoing appropriation item 235515, Case Western Reserve	160219
University School of Medicine, shall be disbursed to Case Western	160220
Reserve University through the Chancellor of the Board of Regents	160221
in accordance with agreements entered into under section 3333.10	160222
of the Revised Code, provided that the state support per full-time	160223
medical student shall not exceed that provided to full-time	160224
medical students at state universities.	160225

Section 363.313. WRIGHT STATE LAKE CAMPUS AGRICULTURAL	160226
PROGRAM	160227

The foregoing appropriation item 235516, Wright State Lake	160228
Campus Agricultural Program, shall be used to support the	160229
agricultural program at Wright State University's Lake Campus.	160230

Section 363.320. FAMILY PRACTICE

160231

The Chancellor of the Ohio Board of Regents shall develop	160232
plans consistent with existing criteria and guidelines as may be	160233
required for the distribution of appropriation item 235519, Family	160234
Practice.	160235

Section 363.330. SHAWNEE STATE SUPPLEMENT

160236

The foregoing appropriation item 235520, Shawnee State	160237
Supplement, shall be disbursed by the Chancellor of the Board of	160238
Regents to Shawnee State University in accordance with the plan	160239
developed by the Chancellor and submitted to the Governor and the	160240
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	160241
General Assembly. Funds shall be used in a manner consistent with	160242
the goals of improving course completion, increasing the number of	160243
degrees conferred, and furthering the university's mission of	160244
service to the Appalachian region.	160245

The Chancellor shall monitor the implementation of the plan	160246
and the use of funds. Shawnee State University shall provide any	160247
information requested by the Chancellor related to the	160248
implementation of the plan. If the Chancellor determines that	160249
Shawnee State University's use of supplemental funds is not in	160250
accordance with the plan or if the plan is not having the desired	160251
effect, the Chancellor may notify Shawnee State University that	160252
the plan is suspended. Upon receiving such notice, Shawnee State	160253
University shall avoid all unnecessary expenditures under the	160254
plan. The Chancellor shall notify the Controlling Board of the	160255
suspension of the plan and within sixty days prepare a new plan	160256
for the use of any remaining funds.	160257

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	160258
ENTREPRENEURSHIP PROGRAM	160259

The foregoing appropriation item 235523, Youth STEM	160260
Commercialization and Entrepreneurship Program, shall be used by	160261
the Chancellor of the Ohio Board of Regents to support the Youth	160262
STEM Commercialization and Entrepreneurship Program. The purpose	160263
of this program is to grow Ohio's next generation of	160264
entrepreneurs, to create jobs in Ohio by focusing on the practical	160265
application of science, technology, engineering, and mathematics	160266
(STEM), including medicine and health fields, and to innovate new	160267
products and services. The Youth STEM Commercialization and	160268
Entrepreneurship Program shall (1) conduct regional STEM forums	160269
for students and educators; (2) develop regional online high	160270
school and collegiate STEM commercialization and entrepreneurship	160271
content and courses; (3) create a statewide STEM commercialization	160272
and entrepreneurship mentoring network available to high school	160273
students anywhere in Ohio; and (4) conduct a statewide STEM	160274
Commercialization and Entrepreneurship Plan competition that	160275
includes incentive awards and scholarships for students and	160276
professional development and incentives for teacher participation.	160277
The competition and all aspects of the program shall be open to	160278
any Ohio high school student and shall include initiatives to	160279
engage minority, rural, and economically disadvantaged students	160280
anywhere in Ohio. The Youth STEM Commercialization and	160281
Entrepreneurship Program shall collaborate with Ohio's colleges	160282
and universities, existing STEM and entrepreneurship programs, and	160283
Ohio's STEM professional and trade associations to implement these	160284
provisions and to create the new products or services of the	160285
future, advance job creation in Ohio, and encourage enrollment at	160286
Ohio institutions of higher education.	160287

Section 363.340. POLICE AND FIRE PROTECTION

160288

The foregoing appropriation item 235524, Police and Fire	160289
Protection, shall be used for police and fire services in the	160290
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	160291
Portsmouth, Xenia Township (Greene County), Rootstown Township,	160292
and the City of Nelsonville that may be used to assist these local	160293
governments in providing police and fire protection for the	160294
central campus of the state-affiliated university located therein.	160295

Section 363.350. GERIATRIC MEDICINE

160296

The Chancellor of the Board of Regents shall develop plans	160297
consistent with existing criteria and guidelines as may be	160298
required for the distribution of appropriation item 235525,	160299
Geriatric Medicine.	160300

Section 363.360. PRIMARY CARE RESIDENCIES

160301

The Chancellor of the Board of Regents shall develop plans	160302
consistent with existing criteria and guidelines as may be	160303
required for the distribution of appropriation item 235526,	160304
Primary Care Residencies.	160305

The foregoing appropriation item 235526, Primary Care	160306
Residencies, shall be distributed in each fiscal year of the	160307
biennium, based on whether or not the institution has submitted	160308
and gained approval for a plan. If the institution does not have	160309
an approved plan, it shall receive five per cent less funding per	160310
student than it would have received from its annual allocation.	160311
The remaining funding shall be distributed among those	160312
institutions that meet or exceed their targets.	160313

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	160314
CENTER	160315

The foregoing appropriation item 235535, Ohio Agricultural	160316
Research and Development Center, shall be disbursed through the	160317
Chancellor of the Board of Regents to The Ohio State University in	160318
monthly payments, unless otherwise determined by the Director of	160319
Budget and Management under section 126.09 of the Revised Code.	160320
The Ohio Agricultural Research and Development Center shall not be	160321
required to remit payment to The Ohio State University during the	160322
biennium ending June 30, 2015, for cost reallocation assessments.	160323
The cost reallocation assessments include, but are not limited to,	160324
any assessment on state appropriations to the Center.	160325

The Ohio Agricultural Research and Development Center, an	160326
entity of the College of Food, Agricultural, and Environmental	160327
Sciences of The Ohio State University, shall further its mission	160328
of enhancing Ohio's economic development and job creation by	160329
continuing to internally allocate on a competitive basis	160330
appropriated funding of programs based on demonstrated	160331
performance. Academic units, faculty, and faculty-driven programs	160332
shall be evaluated and rewarded consistent with agreed-upon	160333
performance expectations as called for in the College's	160334
Expectations and Criteria for Performance Assessment.	160335

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

160336

The foregoing appropriation items 235536, The Ohio State	160337
University Clinical Teaching; 235537, University of Cincinnati	160338
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	160339
235539, Wright State University Clinical Teaching; 235540, Ohio	160340
University Clinical Teaching; and 235541, Northeast Ohio Medical	160341
University Clinical Teaching, shall be distributed through the	160342
Chancellor of the Board of Regents.	160343

Section 363.390. CAPITAL COMPONENT

160344

The foregoing appropriation item 235552, Capital Component,	160345
shall be used by the Chancellor of the Board of Regents to provide	160346
funding for prior commitments made pursuant to the state's former	160347
capital funding policy for state colleges and universities that	160348
was originally established in Am. H.B. 748 of the 121st General	160349
Assembly. Appropriations from this item shall be distributed to	160350
all campuses for which the estimated campus debt service	160351
attributable to qualifying capital projects was less than the	160352
campus's formula-determined capital component allocation. Campus	160353
allocations shall be determined by subtracting the estimated	160354
campus debt service attributable to qualifying capital projects	160355
from the campus's formula-determined capital component allocation.	160356
Moneys distributed from this appropriation item shall be	160357
restricted to capital-related purposes.	160358

Any campus for which the estimated campus debt service	160359
attributable to qualifying capital projects is greater than the	160360
campus's formula-determined capital component allocation shall	160361
have the difference subtracted from its State Share of Instruction	160362
allocation in each fiscal year. Appropriation equal to the sum of	160363
all such amounts except that of the Ohio Agricultural Research and	160364
Development Center shall be transferred from appropriation item	160365
235501, State Share of Instruction, to appropriation item 235552,	160366
Capital Component. Appropriation equal to any estimated Ohio	160367
Agricultural Research and Development Center debt service	160368
attributable to qualifying capital projects that is greater than	160369
the Center's formula-determined capital component allocation shall	160370
be transferred from appropriation item 235535, Ohio Agricultural	160371
Research and Development Center, to appropriation item 235552,	160372
Capital Component.	160373

Section 363.400. LIBRARY DEPOSITORIES

160374

The foregoing appropriation item, 235555, Library	160375
Depositories, shall be distributed to the state's five regional	160376
depository libraries for the cost-effective storage of and access	160377
to lesser-used materials in university library collections. The	160378
depositories shall be administrated by the Chancellor of the Board	160379
of Regents, or by OhioLINK at the discretion of the Chancellor.	160380

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

160381

The foregoing appropriation item 235556, Ohio Academic	160382
Resources Network, shall be used by the Chancellor of the Board of	160383
Regents to support the operations of the Ohio Academic Resources	160384
Network, a consortium organized under division (T) of section	160385
3333.04 of the Revised Code, which shall include support for	160386
Ohio's colleges and universities in maintaining and enhancing	160387
network connections, using new network technologies to improve	160388
research, education, and economic development programs, and	160389
sharing information technology services. To the extent network	160390
capacity is available, OARnet shall support allocating bandwidth	160391
to eligible programs directly supporting Ohio's economic	160392
development.	160393

Section 363.420. LONG-TERM CARE RESEARCH

160394

The foregoing appropriation item 235558, Long-term Care	160395
Research, shall be disbursed to Miami University for long-term	160396
care research.	160397

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

160398

(A) Except as provided in division (C) of this section:

160399

Of the foregoing appropriation item 235563, Ohio College	160400
Opportunity Grant, $41,000,000 in each fiscal year shall be used	160401
by the Chancellor of the Board of Regents to award need-based	160402
financial aid to students enrolled in eligible four-year public	160403
institutions of higher education, excluding early college high	160404
school and post-secondary enrollment option participants.	160405

Of the foregoing appropriation item 235563, Ohio College	160406
Opportunity Grant, $41,000,000 in each fiscal year shall be used	160407
by the Chancellor of the Board of Regents to award need-based	160408
financial aid to students enrolled in eligible private nonprofit	160409
institutions of higher education, excluding early college high	160410
school and post-secondary enrollment option participants.	160411

The remainder of the foregoing appropriation item 235563,	160412
Ohio College Opportunity Grant, shall be used by the Chancellor of	160413
the Board of Regents to award needs-based financial aid to	160414
students enrolled in eligible private for-profit career colleges	160415
and schools.	160416

(B)(1) As used in this section:

160417

(a) "Eligible institution" means any institution described in	160418
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	160419
Code.	160420

(b) The three "sectors" of institutions of higher education	160421
consist of the following:	160422

(i) State colleges and universities, community colleges,	160423
state community colleges, university branches, and technical	160424
colleges;	160425

(ii) Eligible private nonprofit institutions of higher	160426
education;	160427

(iii) Eligible private for-profit career colleges and	160428
schools.	160429

(2) If the Chancellor determines that the amounts	160430
appropriated for support of the Ohio College Opportunity Grant	160431
program are inadequate to provide grants to all eligible students	160432
as calculated under division (D) of section 3333.122 of the	160433
Revised Code, the Chancellor may create a distribution formula for	160434
fiscal year 2014 and fiscal year 2015 based on the formula used in	160435
fiscal year 2013, or may follow methods established in division	160436
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	160437
Chancellor shall notify the Controlling Board of the distribution	160438
method. Any formula calculated under this division shall be	160439
complete and established to coincide with the start of the	160440
2013-2014 academic year.	160441

(C) Prior to determining the amount of funds available to	160442
award under this section and section 3333.122 of the Revised Code,	160443
the Chancellor shall use the foregoing appropriation item 235563,	160444
Ohio College Opportunity Grant, to pay for renewals or partial	160445
renewals of scholarships students receive under the Ohio Academic	160446
Scholarship Program under sections 3333.21 and 3333.22 of the	160447
Revised Code. In paying for scholarships under this division, the	160448
Chancellor shall deduct funds from the allocations made under	160449
division (A) of this section. Deductions shall be proportionate to	160450
the amounts allocated to each sector from the total amounts	160451
appropriated for each sector under the foregoing appropriation	160452
item 235563, Ohio College Opportunity Grant.	160453

In each fiscal year, with the exception of sections 3333.121	160454
and 3333.124 of the Revised Code and Section 363.530 of this act,	160455
the Chancellor shall not distribute or obligate or commit to be	160456
distributed an amount greater than what is appropriated under the	160457
foregoing appropriation item 235563, Ohio College Opportunity	160458
Grant.	160459

(D) The Chancellor shall establish, and post on the Ohio	160460
Board of Regents' web site, award tables based on any formulas	160461
created under division (B) of this section. The Chancellor shall	160462
notify students and institutions of any reductions in awards under	160463
this section.	160464

On or before August 31, 2013, the Chancellor of the Board of	160465
Regents shall submit award tables to the Controlling Board for the	160466
2013-2014 academic year and allocations of Ohio College	160467
Opportunity Grant awards not already specified in section 3333.122	160468
of the Revised Code.	160469

(E) Notwithstanding section 3333.122 of the Revised Code, no	160470
student shall be eligible to receive an Ohio College Opportunity	160471
Grant for more than ten semesters, fifteen quarters, or the	160472
equivalent of five academic years, less the number of semesters or	160473
quarters in which the student received an Ohio Instructional	160474
Grant.	160475

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

160476

The foregoing appropriation item 235572, The Ohio State	160477
University Clinic Support, shall be distributed through the	160478
Chancellor of the Board of Regents to The Ohio State University	160479
for support of dental and veterinary medicine clinics.	160480

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

160481

The Chancellor of the Board of Regents shall disburse funds	160482
from appropriation item 235599, National Guard Scholarship	160483
Program. During each fiscal year, the Chancellor of the Board of	160484
Regents, within ten days of cancellation, may certify to the	160485
Director of Budget and Management the amount of canceled	160486
prior-year encumbrances in appropriation item 235599, National	160487
Guard Scholarship Program. Upon receipt of the certification, the	160488
Director of Budget and Management may transfer cash in an amount	160489
up to the amount certified from the General Revenue Fund to the	160490
National Guard Scholarship Reserve Fund (Fund 5BM0). The	160491
Chancellor of the Board of Regents shall seek Controlling Board	160492
approval to authorize additional expenditures for appropriation	160493
item 235623, National Guard Scholarship Reserve Fund. Upon	160494
approval of the Controlling Board, the additional amounts are	160495
hereby appropriated. The Chancellor of the Board of Regents shall	160496
disburse funds from appropriation item 235623, National Guard	160497
Scholarship Reserve Fund.	160498

Section 363.460. PLEDGE OF FEES

160499

Any new pledge of fees, or new agreement for adjustment of	160500
fees, made in the biennium ending June 30, 2015, to secure bonds	160501
or notes of a state institution of higher education for a project	160502
for which bonds or notes were not outstanding on the effective	160503
date of this section shall be effective only after approval by the	160504
Chancellor of the Board of Regents, unless approved in a previous	160505
biennium.	160506

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	160507
SERVICE	160508

The foregoing appropriation item 235909, Higher Education	160509
General Obligation Debt Service, shall be used to pay all debt	160510
service and related financing costs at the times they are required	160511
to be made during the period from July 1, 2013, through June 30,	160512
2015, for obligations issued under sections 151.01 and 151.04 of	160513
the Revised Code.	160514

Section 363.480. SALES AND SERVICES

160515

The Chancellor of the Board of Regents is authorized to	160516
charge and accept payment for the provision of goods and services.	160517
Such charges shall be reasonably related to the cost of producing	160518
the goods and services. Except as otherwise provided by law, no	160519
charges may be levied for goods or services that are produced as	160520
part of the routine responsibilities or duties of the Chancellor.	160521
All revenues received by the Chancellor of the Board of Regents	160522
shall be deposited into Fund 4560, and may be used by the	160523
Chancellor of the Board of Regents to pay for the costs of	160524
producing the goods and services.	160525

Section 363.483. CO-OP INTERNSHIP PROGRAM

160526

Of the foregoing appropriation item 235649, Co-op Internship	160527
Program, $200,000 in each fiscal year shall be used to support the	160528
Museum of Contemporary Art Cleveland fellowship program in	160529
collaboration with Cleveland State University.	160530

Of the foregoing appropriation item 235649, Co-op Internship	160531
Program, $75,000 in each fiscal year shall be used by the	160532
Chancellor of the Board of Regents to support the operations of	160533
Ohio University's Voinovich School.	160534

Of the foregoing appropriation item 235649, Co-op Internship	160535
Program, $75,000 in each fiscal year, shall be used by the	160536
Chancellor of the Board of Regents to support the operations of	160537
The Ohio State University's John Glenn School of Public Affairs.	160538

Of the foregoing appropriation item 235649, Co-op Internship	160539
Program, $75,000 in each fiscal year shall be used to support the	160540
Bliss Institute of Applied Politics at the University of Akron.	160541

Of the foregoing appropriation item 235649, Co-op Internship	160542
Program, $75,000 in each fiscal year shall be used to support the	160543
Center for Public Management and Regional Affairs at Miami	160544
University.	160545

Of the foregoing appropriation item 235649, Co-op Internship	160546
Program, $150,000 in each fiscal year shall be used to support the	160547
Washington Center Internship Program.	160548

Of the foregoing appropriation item 235649, Co-op Internship	160549
Program, $150,000 in each fiscal year shall be used to support the	160550
Ohio Center for the Advancement of Women in Public Service at the	160551
Maxine Goodman Levin College of Urban Affairs at Cleveland State	160552
University.	160553

Of the foregoing appropriation item 235649, Co-op Internship	160554
Program, $75,000 in each fiscal year shall be used to support the	160555
University of Cincinnati Internship Program.	160556

Of the foregoing appropriation item 235649, Co-op Internship	160557
Program, $75,000 in each fiscal year shall be used by the	160558
Chancellor of the Board of Regents to support the operations of	160559
the Center for Regional Development at Bowling Green State	160560
University.	160561

Of the foregoing appropriation item 235649, Co-op Internship	160562
Program, $75,000 in each fiscal year shall be used by the	160563
Chancellor of the Board of Regents to support the operations of	160564
the Institute for Defense Studies at Wright State University.	160565

Of the foregoing appropriation item 235649, Co-op Internship	160566
Program, $75,000 in each fiscal year shall be used to support the	160567
Kent State University Columbus Program.	160568

Of the foregoing appropriation item 235649, Co-op Internship	160569
Program, $75,000 in each fiscal year shall be used to support the	160570
University of Toledo Urban Affairs Center.	160571

Of the foregoing appropriation item 235649, Co-op Internship	160572
Program, $10,000 in each fiscal year shall be provided to the Ohio	160573
College Access Network to support the Ohio Student Education	160574
Policy Institute.	160575

Section 363.485. DEFENSE/AEROSPACE WORKFORCE DEVELOPMENT	160576
INITIATIVE	160577

The foregoing appropriation item 235668, Defense/Aerospace	160578
Workforce Development Initiative, shall be used by the	160579
Defense/Aerospace Graduate Studies Institute, to collaborate with	160580
the aviation, aerospace, and defense industries, to strengthen job	160581
training programs, equip Ohio's workforce with needed skills, and	160582
strengthen and grow research and educational linkages among Ohio's	160583
defense and aerospace aviation industry, federal agencies, and the	160584
University System of Ohio. A portion of the foregoing	160585
appropriation item 235668, Defense/Aerospace Workforce Development	160586
Initiative, shall be allocated to develop a strategic plan to	160587
align the University System of Ohio's research and workforce	160588
development assets with the workforce needs of public and private	160589
sector employers. A portion of these funds shall be used to	160590
support the Aerospace Professional Development Center to establish	160591
processes necessary to link underemployed or unemployed persons to	160592
job openings in these industries. The funds appropriated in this	160593
appropriation item shall be matched by private industry or	160594
educational partners or federal agencies in the aggregate amount	160595
of $4,000,000 over the FY 2014–FY 2015 biennium.	160596

Section 363.487. MANUFACTURING WORKFORCE DEVELOPMENT	160597
INITIATIVE	160598

Of the foregoing appropriation item 235685, Manufacturing	160599
Workforce Development Initiative, $1,000,000 in fiscal year 2014	160600
shall be used for a demonstration project to purchase portable	160601
welding stations made from large shipping containers and high	160602
level advanced training equipment for use by Lorain County	160603
Community College.	160604

Of the foregoing appropriation item 235685, Manufacturing	160605
Workforce Development Initiative, $1,000,000 in fiscal year 2014	160606
shall be used for a demonstration project to purchase portable	160607
welding stations made from large shipping containers and high	160608
level advanced training equipment for use at the Point Industrial	160609
Park in South Point.	160610

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	160611
ADMINISTRATION	160612

The foregoing appropriation item 235602, Higher Educational	160613
Facility Commission Administration, shall be used by the	160614
Chancellor of the Board of Regents for operating expenses related	160615
to the Chancellor of the Board of Regents' support of the	160616
activities of the Ohio Higher Educational Facility Commission.	160617
Upon the request of the Chancellor, the Director of Budget and	160618
Management may transfer up to $29,100 cash in each fiscal year	160619
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	160620
Administration Fund (Fund 4E80).	160621

Section 363.500. NURSING LOAN PROGRAM

160622

The foregoing appropriation item 235606, Nursing Loan	160623
Program, shall be used to administer the nurse education	160624
assistance program. Up to $50,000 in each fiscal year may be used	160625
for operating expenses associated with the program. Any additional	160626
funds needed for the administration of the program are subject to	160627
Controlling Board approval.	160628

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

160629

Of the foregoing appropriation item 235674, Telecommunity and	160630
Distance Learning, up to $25,000 in each fiscal year shall be	160631
distributed by the Chancellor of the Board of Regents on a grant	160632
basis to eligible school districts to establish "distance	160633
learning" through interactive video technologies in the school	160634
district. Per agreements with eight Ohio local telephone	160635
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	160636
Telephone Company, Cincinnati Bell Telephone Company, Orwell	160637
Telephone Company, Sprint North Central Telephone, VERIZON, and	160638
Western Reserve Telephone Company, school districts are eligible	160639
for funds if they are within one of the listed telephone company	160640
service areas. Funds to administer the program shall be expended	160641
by the Chancellor of the Board of Regents up to the amount	160642
specified in the agreements with the listed telephone companies.	160643

Within thirty days after the effective date of this section,	160644
the Director of Budget and Management shall transfer to Fund 4X10	160645
in the State Special Revenue Fund Group any investment earnings	160646
from moneys paid by any telephone company as part of any	160647
settlement agreement between the listed companies and the Public	160648
Utilities Commission in fiscal years 1996 and beyond.	160649

Of the foregoing appropriation item 235674, Telecommunity and	160650
Distance Learning, up to $24,150 in each fiscal year shall be	160651
distributed by the Chancellor of the Board of Regents on a grant	160652
basis to eligible school districts to establish "distance	160653
learning" in the school district. Per an agreement with Ameritech,	160654
school districts are eligible for funds if they are within an	160655
Ameritech service area. Funds to administer the program shall be	160656
expended by the Chancellor of the Board of Regents up to the	160657
amount specified in the agreement with Ameritech.	160658

Within thirty days after the effective date of this section,	160659
the Director of Budget and Management shall transfer to Fund 4X10	160660
in the State Special Revenue Fund Group any investment earnings	160661
from moneys paid by any telephone company as part of a settlement	160662
agreement between the company and the Public Utilities Commission	160663
in fiscal year 1995.	160664

Section 363.520. VETERANS PREFERENCES

160665

The Chancellor of the Board of Regents shall work with the	160666
Department of Veterans Services to develop specific veterans	160667
preference guidelines for higher education institutions. These	160668
guidelines shall ensure that the institutions' hiring practices	160669
are in accordance with the intent of Ohio's veterans preference	160670
laws.	160671

Section 363.530. STATE NEED-BASED FINANCIAL AID	160672
RECONCILIATION	160673

By the first day of August in each fiscal year, or as soon as	160674
possible thereafter, the Chancellor of the Board of Regents shall	160675
certify to the Director of Budget and Management the amount	160676
necessary to pay any outstanding prior year obligations to higher	160677
education institutions for the state's need-based financial aid	160678
programs. The amounts certified are hereby appropriated to	160679
appropriation item 235618, State Need-based Financial Aid	160680
Reconciliation, from revenues received in the State Need-based	160681
Financial Aid Reconciliation Fund (Fund 5Y50).	160682

Section 363.540. (A) As used in this section:

160683

(1) "Board of trustees" includes the managing authority of a	160684
university branch district.	160685

(2) "State institution of higher education" has the same	160686
meaning as in section 3345.011 of the Revised Code.	160687

(B) The board of trustees of any state institution of higher	160688
education, notwithstanding any rule of the institution to the	160689
contrary, may adopt a policy providing for mandatory furloughs of	160690
employees, including faculty, to achieve spending reductions	160691
necessitated by institutional budget deficits.	160692

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

160693

The Chancellor of the Board of Regents shall establish an	160694
efficiency advisory committee for the purpose of generating	160695
optimal efficiency plans for campuses, identifying shared services	160696
opportunities, and sharing best practices. The efficiency advisory	160697
committee shall also explore methods for reducing the costs for	160698
students for textbooks and other education resource materials. The	160699
committee shall meet at the call of the Chancellor or the	160700
Chancellor's designee, but at least quarterly. Each state	160701
institution of higher education shall designate an employee to	160702
serve as its efficiency officer responsible for the evaluation and	160703
improvement of operational efficiencies on campus. Each efficiency	160704
officer shall serve on the efficiency advisory committee.	160705

By December 31 of each year, the Efficiency Advisory	160706
Committee shall provide a report to the Office of Budget and	160707
Management, the Governor, and the General Assembly compiling the	160708
operational efficiency plans for all institutions of higher	160709
education and benchmarking efficiency gains realized over the	160710
preceding year and progress in implementing the prior year's	160711
efficiency plan. The report shall also be made available to the	160712
public on the Ohio Board of Regents web site.	160713

Section 363.570. (A) FUND ABOLITION

160714

On July 1, 2013, or as soon as possible thereafter, the	160715
Director of Budget and Management shall transfer the cash balance	160716
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	160717
Distance Learning Fund (Fund 4X10). Upon completion of the	160718
transfer, the eTech Ohio Telecommunity Education Fund (Fund	160719
4W90)is hereby abolished.	160720

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	160721
ITEM TRANSFER	160722

Effective July 1, 2013, the Director of Budget and Management	160723
shall cancel any existing encumbrances against appropriation item	160724
935411, Technology Integration and Professional Development, and	160725
re-establish them, as determined to be appropriate by the Director	160726
of Budget and Management, against appropriation item 235483,	160727
Technology Integration and Professional Development. The	160728
re-established encumbrance amounts are hereby appropriated. Any	160729
business commenced but not completed under appropriation item	160730
935411, Technology Integration and Professional Development, by	160731
July 1, 2013, shall be completed, as determined to be appropriate	160732
by the Director of Budget and Management, under appropriation item	160733
235483, Technology Integration and Professional Development, in	160734
the same manner and with the same effect as if it were completed	160735
with regard to appropriation item 935411, Technology Integration	160736
and Professional Development.	160737

Effective July 1, 2013, the Director of Budget and Management	160738
shall cancel any existing encumbrances against appropriation item	160739
935640, Conference/Special Purposes, and re-establish them against	160740
appropriation item 235675, Conference/Special Purposes. The	160741
re-established encumbrance amounts are hereby appropriated. Any	160742
business commenced but not completed under appropriation item	160743
935640, Conference/Special Purposes, by July 1, 2013, shall be	160744
completed under appropriation item 235675, Conference/Special	160745
Purposes, in the same manner and with the same effect as if it	160746
were completed with regard to appropriation item 935640,	160747
Conference/Special Purposes.	160748

Effective July 1, 2013, the Director of Budget and Management	160749
shall cancel any existing encumbrances against appropriation item	160750
935630, Telecommunity, and cancel any existing encumbrances	160751
against appropriation item 935634, Distance Learning, and	160752
re-establish them against appropriation item 235674, Telecommunity	160753
and Distance Learning. The re-established encumbrance amounts are	160754
hereby appropriated. Any business commenced but not completed	160755
under appropriation items 935630, Telecommunity, and 935634,	160756
Distance Learning, by July 1, 2013, shall be completed under	160757
appropriation item 235674, Telecommunity and Distance Learning, in	160758
the same manner and with the same effect as if it were completed	160759
with regard to appropriation items 935630, Telecommunity, and	160760
935634, Distance Learning.	160761

On July 1, 2013, or as soon as possible thereafter, the	160762
Director of Budget and Management shall cancel any existing	160763
capital appropriations and capital encumbrances of the former	160764
eTech Ohio Commission in the Higher Education Improvement Fund	160765
(Fund 7034), and re-establish them with the Chancellor of the	160766
Board of Regents in the Higher Education Improvement Fund (Fund	160767
7034). The re-established amounts are hereby appropriated.	160768

Effective July 1, 2013, notwithstanding any provision of the	160769
law to the contrary, the Director of Budget and Management may	160770
make budget changes made necessary by the transfer of the former	160771
eTech Ohio Commission to the Chancellor of the Board of Regents,	160772
if any, including administrative organization, program transfers,	160773
the creation of new funds, the transfer of state funds, the	160774
consolidation of funds, and the transfer of capital	160775
appropriations, as authorized by this section. The Director of	160776
Budget and Management may, if necessary, establish prior year	160777
encumbrances or parts of prior year encumbrances of the former	160778
eTech Ohio Commission with the Chancellor of the Board of Regents	160779
in the appropriate fund and appropriation item for the same	160780
purpose and for payment to the same vendor in fiscal year 2014 or	160781
fiscal year 2015. The established encumbrances plus any additional	160782
amounts determined to be necessary for the Chancellor of the Board	160783
of Regents to perform the operations and related management	160784
functions of the former eTech Ohio Commission are hereby	160785
appropriated.	160786

160787

Beginning in fiscal year 2014, the annual eTech Ohio	160788
Conference will be overseen by a Conference Operation Office	160789
comprised of employees of the Chancellor of the Board of Regents	160790
and Department of Education, including former employees of the	160791
eTech Ohio Commission transferred to the Chancellor of the Board	160792
of Regents and the Department of Education. The Office shall be	160793
responsible for conferences that focus on professional development	160794
in the education field, educational technology, distance learning,	160795
and other education topics pertinent to the State of Ohio.	160796

(D) TRANSFER OF CAPITAL DUTIES

160797

As of July 1, 2013, the Chancellor of the Board of Regents	160798
shall succeed to and have and perform all fiduciary duties and	160799
responsibilities previously held by the Director of eTech Ohio for	160800
all outstanding capital appropriations designated for use by eTech	160801
Ohio.	160802

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

160803

(A) The Electronic Textbook Pilot Project is hereby	160804
established to provide grants on a competitive basis to public and	160805
chartered nonpublic schools to purchase electronic textbooks,	160806
electronic educational content, and professional development and	160807
training resources through the learning clearinghouse established	160808
in section 3333.81 to 3333.88. The Electronic Textbook Pilot	160809
Project shall be administered by the Chancellor of the Board of	160810
Regents.	160811

(B) The Chancellor shall have the authority to set the grant	160812
criteria and to select grant recipients. In awarding grants under	160813
this section, the Chancellor shall establish the criteria for	160814
determining which applicants will be considered a priority for	160815
receiving grant funds.	160816

(C) Not later than January 31, 2014, the Chancellor shall	160817
issue a request for proposals from eligible schools.	160818

(D) Not later than May 31, 2014, the Chancellor shall award	160819
grants for use during the 2014-2015 school year.	160820

(E) The Chancellor and Superintendent of Public Instruction	160821
jointly shall notify schools of and promote participation in the	160822
pilot project.	160823

(F) Not later than December 31, 2015, the Chancellor shall	160824
submit to the Governor and the General Assembly, in accordance	160825
with section 101.68 of the Revised Code, a formative evaluation of	160826
the implementation and results of the pilot project and	160827
legislative recommendations for any changes in the pilot project.	160828

(G) The number of grants awarded under this section shall not	160829
exceed the number that can be funded with appropriations made by	160830
the General Assembly for this purpose.	160831

Section 363.590. COLLEGE CREDIT PLUS PROGRAM

160832

The Chancellor shall make recommendations to the General	160833
Assembly to establish the College Credit Plus program, whereby	160834
high school students may earn credits through Ohio institutions of	160835
higher education. The Chancellor shall consult with the	160836
Inter-University Council of Ohio, the Association of Independent	160837
Colleges and Universities of Ohio, the Ohio Association of	160838
Community Colleges, and the Superintendent of Public Instruction	160839
in developing the recommendations. The Chancellor shall provide a	160840
report of the recommendation to the Governor, the President of the	160841
Senate, and the Speaker of the House of Representatives by	160842
December 31, 2013, for implementation in the 2014-2015 academic	160843
year.	160844

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	160845
CORRECTION	160846

General Revenue Fund	160847

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	160848
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	160849
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	160850
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	160851
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	160852
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	160853
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	160854
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	160855
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	160856
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	160857
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	160858
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	160859

General Services Fund Group	160860

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	160861
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	160862
4830	501605	Property Receipts	$	582,086	$	582,086	160863
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	160864
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	160865
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	160866
4S50	501608	Education Services	$	4,114,782	$	4,114,782	160867
5710	501606	Training Academy Receipts	$	125,000	$	125,000	160868
5930	501618	Laboratory Services	$	3,750,000	$	0	160869
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	160870
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	160871
5L60	501611	Information Technology Services	$	250,000	$	250,000	160872
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	160873

Federal Special Revenue Fund Group	160874

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	160875
TOTAL FED Federal Special Revenue							160876
Fund Group			$	7,132,943	$	7,132,943	160877

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

160878

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	160879
SENTENCING REFORMS	160880

For the purposes of implementing criminal sentencing reforms,	160881
and notwithstanding any other provision of law to the contrary,	160882
the Director of Budget and Management, at the request of the	160883
Director of Rehabilitation and Correction, may transfer up to	160884
$14,000,000 in appropriations, in each of fiscal years 2014 and	160885
2015, from appropriation item 501321, Institutional Operations, to	160886
any combination of appropriation items 501405, Halfway House;	160887
501407, Community Residential Programs; 501408, Community	160888
Misdemeanor Programs; and 501501, Community Residential Programs -	160889
CBCF.	160890

LEASE RENTAL PAYMENTS

160891

The foregoing appropriation item 501406, Lease Rental	160892
Payments, shall be used to meet all payments at the times they are	160893
required to be made during the period from July 1, 2013, through	160894
June 30, 2015, by the Department of Rehabilitation and Correction	160895
under the primary leases and agreements for those buildings made	160896
under Chapters 152. and 154. of the Revised Code. These	160897
appropriations are the source of funds pledged for bond service	160898
charges on related obligations issued under Chapters 152. and 154.	160899
of the Revised Code.	160900

OSU MEDICAL CHARGES

160901

Notwithstanding section 341.192 of the Revised Code, at the	160902
request of the Department of Rehabilitation and Correction, The	160903
Ohio State University Medical Center, including the Arthur G.	160904
James Cancer Hospital and Richard J. Solove Research Institute and	160905
the Richard M. Ross Heart Hospital, shall provide necessary care	160906
to persons who are confined in state adult correctional	160907
facilities. The provision of necessary care shall be billed to the	160908
Department at a rate not to exceed the authorized reimbursement	160909
rate for the same service established by the Department of	160910
Medicaid under the Medicaid Program.	160911

CORRECTIVE CASH TRANSFER

160912

At the request of the Director of Rehabilitation and	160913
Correction, the Director of Budget and Management may transfer an	160914
amount not to exceed $2,391 in cash that was mistakenly deposited	160915
in the Federal Grants Fund (Fund 3230) to the General Revenue	160916
Fund.	160917

Section 369.10. RCB RESPIRATORY CARE BOARD

160918

General Services Fund Group	160919

4K90	872609	Operating Expenses	$	552,876	$	545,246	160920
TOTAL GSF General Services							160921
Fund Group			$	552,876	$	545,246	160922
TOTAL ALL BUDGET FUND GROUPS			$	552,876	$	545,246	160923

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

160925

Special State Revenue Fund Group	160926

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		160927
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		160928

Volunteer Firefighters' Dependents Fund	160929

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	160930
TOTAL 085 Volunteer Firefighters'							160931
Dependents Fund			$	300,000	$	300,000	160932

Agency Fund Group	160933

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	160934
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	160935
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	160936
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	160937
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	160938
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	160939
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	160940
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	160941
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	160942

Holding Account Redistribution	160943

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	160944
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	160945
Revenue Distribution Fund Group							160946
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	160947
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	160948
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	160949
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	160950
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	160951
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	160952
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	160953
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	160954
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	160955
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	160956
7082	110982	Horse Racing Tax	$	100,000	$	100,000	160957
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	160958
TOTAL RDF Revenue Distribution							160959
Fund Group			$	1,873,899,000	$	1,857,799,000	160960
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	160961

ADDITIONAL APPROPRIATIONS

160962

Appropriation items in this section shall be used for the	160963
purpose of administering and distributing the designated revenue	160964
distribution funds according to the Revised Code. If it is	160965
determined that additional appropriations are necessary for this	160966
purpose, such amounts are hereby appropriated.	160967

GENERAL REVENUE FUND TRANSFERS

160968

Notwithstanding any provision of law to the contrary, in	160969
fiscal year 2014 and fiscal year 2015, the Director of Budget and	160970
Management may transfer from the General Revenue Fund to the Local	160971
Government Tangible Property Tax Replacement Fund (Fund 7081) in	160972
the Revenue Distribution Fund Group, those amounts necessary to	160973
reimburse local taxing units under section 5751.22 of the Revised	160974
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	160975
of Budget and Management may make temporary transfers from the	160976
General Revenue Fund to ensure sufficient balances in the Local	160977
Government Tangible Property Tax Replacement Fund (Fund 7081) and	160978
to replenish the General Revenue Fund for such transfers.	160979

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

160980

General Services Fund Group	160981

4K90	893609	Operating Expenses	$	137,850	$	129,850	160982
TOTAL GSF General Services							160983
Fund Group			$	137,850	$	129,850	160984
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	160985

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

160987

General Revenue Fund	160988

GRF	226321		Operations		$	7,278,579		$	7,278,579		160989
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		160990

General Services Fund Group	160991

4H80	226602	Education Reform Grants	$	27,000	$	27,000	160992
5NJ0	226622	Food Service Program	$	9,000	$	9,000	160993
TOTAL GSF General Services							160994
Fund Group			$	36,000	$	36,000	160995

Federal Special Revenue Fund Group	160996

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	160997
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	160998
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	160999
TOTAL FED Federal Special							161000
Revenue Fund Group			$	3,227,104	$	3,227,104	161001

State Special Revenue Fund Group	161002

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	161003
TOTAL SSR State Special Revenue							161004
Fund Group			$	461,521	$	461,521	161005
TOTAL ALL BUDGET FUND GROUPS			$	11,003,204	$	11,003,204	161006

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

161008

General Revenue Fund	161009

GRF	221321		Operations		$	8,727,657		$	8,727,657		161010
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		161011

General Services Fund Group	161012

4M10	221602	Education Reform Grants	$	35,000	$	35,000	161013
5NK0	221610	Food Service Program	$	9,000	$	9,000	161014
TOTAL GSF General Services							161015
Fund Group			$	44,000	$	44,000	161016

Federal Special Revenue Fund Group	161017

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	161018
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	161019
TOTAL FED Federal Special							161020
Revenue Fund Group			$	2,188,245	$	2,188,245	161021

State Special Revenue Fund Group	161022

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	161023
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	161024
TOTAL SSR State Special Revenue							161025
Fund Group			$	130,000	$	130,000	161026
TOTAL ALL BUDGET FUND GROUPS			$	11,089,902	$	11,089,902	161027

Section 381.10. SOS SECRETARY OF STATE

161029

General Revenue Fund	161030

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	161031
GRF	050407	Pollworkers Training	$	234,196	$	234,196	161032
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	161033

General Services Fund Group	161034

4120	050609	Notary Commission	$	475,000	$	475,000	161035
4130	050601	Information Systems	$	49,000	$	49,000	161036
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	161037
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	161038
TOTAL General Services Fund Group			$	611,200	$	611,200	161039

Federal Special Revenue Fund Group	161040

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	161041
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	161042
TOTAL FED Federal Special Revenue							161043
Fund Group			$	2,010,000	$	2,010,000	161044

State Special Revenue Fund Group	161045

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	161046
TOTAL SSR State Special Revenue							161047
Fund Group			$	14,385,400	$	14,385,400	161048

Holding Account Redistribution Fund Group	161049

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	161050
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	161051
TOTAL 090 Holding Account							161052
Redistribution Fund Group			$	115,000	$	115,000	161053
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	161054

POLLWORKER TRAINING

161055

The foregoing appropriation item 050407, Pollworkers	161056
Training, shall be used to reimburse county boards of elections	161057
for pollworker training pursuant to section 3501.27 of the Revised	161058
Code. At the end of fiscal year 2014, an amount equal to the	161059
unexpended, unencumbered portion of appropriation item 050407,	161060
Pollworkers Training, is hereby reappropriated in fiscal year 2015	161061
for the same purpose.	161062

BOARD OF VOTING MACHINE EXAMINERS

161063

The foregoing appropriation item 050610, Board of Voting	161064
Machine Examiners, shall be used to pay for the services and	161065
expenses of the members of the Board of Voting Machine Examiners,	161066
and for other expenses that are authorized to be paid from the	161067
Board of Voting Machine Examiners Fund, which is created in	161068
section 3506.05 of the Revised Code. Moneys not used shall be	161069
returned to the person or entity submitting equipment for	161070
examination. If it is determined that additional appropriations	161071
are necessary, such amounts are hereby appropriated.	161072

HAVA FUNDS

161073

An amount equal to the unexpended, unencumbered portion of	161074
appropriation item 050614, Election Reform/Health and Human	161075
Services, at the end of fiscal year 2014 is reappropriated for the	161076
same purpose in fiscal year 2015.	161077

An amount equal to the unexpended, unencumbered portion of	161078
appropriation item 050616, Help America Vote Act (HAVA), at the	161079
end of fiscal year 2014 is reappropriated for the same purpose in	161080
fiscal year 2015.	161081

The Director of Budget and Management shall credit the	161082
ongoing interest earnings from the Election Reform/Health and	161083
Human Services Fund (Fund 3AH0) and the Help America Vote Act	161084
(HAVA) (Fund 3AS0) to the respective funds and distribute these	161085
earnings in accordance with the terms of the grant under which the	161086
money is received.	161087

MISCELLANEOUS FEDERAL GRANTS

161088

On July 1, 2013, or as soon as possible thereafter, the	161089
Director of Budget and Management shall transfer from the General	161090
Revenue Fund (GRF) all investment earnings and amounts equal to	161091
the interest earnings that were attributable to the Miscellaneous	161092
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	161093
2013. The Director of Budget and Management shall credit the	161094
ongoing interest earnings from Fund 3FM0 to that fund and	161095
distribute these earnings in accordance with the terms of the	161096
grant under which the money was received.	161097

HOLDING ACCOUNT REDISTRIBUTION GROUP

161098

The foregoing appropriation items 050605, Uniform Commercial	161099
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	161100
be used to hold revenues until they are directed to the	161101
appropriate accounts or until they are refunded. If it is	161102
determined that additional appropriations are necessary, such	161103
amounts are hereby appropriated.	161104

Section 383.10. SEN THE OHIO SENATE

161105

General Revenue Fund	161106

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		161107
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		161108

General Services Fund Group	161109

1020	020602	Senate Reimbursement	$	852,001	$	852,001	161110
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	161111
TOTAL GSF General Services							161112
Fund Group			$	886,498	$	886,498	161113
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	161114

OPERATING EXPENSES

161115

On July 1, 2013, or as soon as possible thereafter, the Clerk	161116
of the Senate may certify to the Director of Budget and Management	161117
the amount of the unexpended, unencumbered balance of the	161118
foregoing appropriation item 020321, Operating Expenses, at the	161119
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	161120
The amount certified is hereby reappropriated to the same	161121
appropriation item for fiscal year 2014.	161122

On July 1, 2014, or as soon as possible thereafter, the Clerk	161123
of the Senate may certify to the Director of Budget and Management	161124
the amount of the unexpended, unencumbered balance of the	161125
foregoing appropriation item 020321, Operating Expenses, at the	161126
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	161127
The amount certified is hereby reappropriated to the same	161128
appropriation item for fiscal year 2015.	161129

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

161130

General Revenue Fund	161131

GRF	866321		CSV Operations		$	286,661		$	294,072		161132
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		161133

General Services Fund	161134

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		161135
TOTAL GSF General Services Fund					$	30,000		$	30,000		161136

Federal Special Revenue Fund Group	161137

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	161138
TOTAL FED Federal Special Revenue							161139
Fund Group			$	7,447,000	$	7,447,000	161140
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	161141

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

161143

Debt Service Fund Group	161144

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	161145
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	161146
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	161147
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	161148
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	161149
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	161150
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	161151
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	161152
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	161153
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	161154
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	161155
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	161156

ADDITIONAL APPROPRIATIONS

161157

Appropriation items in this section are for the purpose of	161158
paying debt service and financing costs on bonds or notes of the	161159
state issued under the Ohio Constitution and acts of the General	161160
Assembly. If it is determined that additional amounts are	161161
necessary for this purpose, such amounts are hereby appropriated.	161162

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	161163
DEVELOPMENT FOUNDATION	161164

Tobacco Master Settlement Agreement Fund Group	161165

5M90	945601	Operating Expenses	$	426,800	$	426,800	161166
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	161167
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	161168

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	161170
AUDIOLOGY	161171

General Services Fund Group	161172

4K90	886609	Operating Expenses	$	472,260	$	508,660	161173
TOTAL GSF General Services							161174
Fund Group			$	472,260	$	508,660	161175
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	161176

Section 393.10. BTA BOARD OF TAX APPEALS

161178

General Revenue Fund	161179

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	161180
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	161181
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	161182

Section 395.10. TAX DEPARTMENT OF TAXATION

161184

General Revenue Fund	161185

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	161186
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	161187
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	161188
TOTAL GRF General Revenue Fund			$	739,386,530	$	761,452,132	161189

General Services Fund Group	161190

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	161191
4330	110602	Tape File Account	$	175,000	$	175,000	161192
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	161193
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	161194
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	161195
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	161196
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	161197
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	161198
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	161199
TOTAL GSF General Services							161200
Fund Group			$	33,492,810	$	33,492,810	161201

State Special Revenue Fund Group	161202

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	161203
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	161204
4370	110606	Income Tax Contribution	$	38,800	$	38,800	161205
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	161206
4C60	110616	International Registration Plan	$	682,415	$	682,415	161207
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	161208
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	161209
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	161210
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	161211
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	161212
TOTAL SSR State Special Revenue							161213
Fund Group			$	36,287,450	$	36,987,450	161214

Agency Fund Group	161215

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	161216
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	161217
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	161218

Holding Account Redistribution Fund Group	161219

R010	110611	Tax Distributions	$	50,000	$	50,000	161220
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	161221
TOTAL 090 Holding Account							161222
Redistribution Fund Group			$	100,000	$	100,000	161223
TOTAL ALL BUDGET FUND GROUPS			$	2,377,066,790	$	2,399,832,392	161224

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

161225

The foregoing appropriation item 110901, Property Tax	161226
Allocation - Taxation, is hereby appropriated to pay for the	161227
state's costs incurred due to the Homestead Exemption, the	161228
Manufactured Home Property Tax Rollback, and the Property Tax	161229
Rollback. The Tax Commissioner shall distribute these funds	161230
directly to the appropriate local taxing districts, except for	161231
school districts, notwithstanding the provisions in sections	161232
321.24 and 323.156 of the Revised Code, which provide for payment	161233
of the Homestead Exemption, the Manufactured Home Property Tax	161234
Rollback, and Property Tax Rollback by the Tax Commissioner to the	161235
appropriate county treasurer and the subsequent redistribution of	161236
these funds to the appropriate local taxing districts by the	161237
county auditor.	161238

Upon receipt of these amounts, each local taxing district	161239
shall distribute the amount among the proper funds as if it had	161240
been paid as real property taxes. Payments for the costs of	161241
administration shall continue to be paid to the county treasurer	161242
and county auditor as provided for in sections 319.54, 321.26, and	161243
323.156 of the Revised Code.	161244

Any sums, in addition to the amounts specifically	161245
appropriated in appropriation item 110901, Property Tax Allocation	161246
- Taxation, for the Homestead Exemption, the Manufactured Home	161247
Property Tax Rollback, and the Property Tax Rollback payments,	161248
which are determined to be necessary for these purposes, are	161249
hereby appropriated.	161250

MUNICIPAL INCOME TAX

161251

The foregoing appropriation item 110995, Municipal Income	161252
Tax, shall be used to make payments to municipal corporations	161253
under section 5745.05 of the Revised Code. If it is determined	161254
that additional appropriations are necessary to make such	161255
payments, such amounts are hereby appropriated.	161256

TAX REFUNDS

161257

The foregoing appropriation item 110635, Tax Refunds, shall	161258
be used to pay refunds under section 5703.052 of the Revised Code.	161259
If it is determined that additional appropriations are necessary	161260
for this purpose, such amounts are hereby appropriated.	161261

INTERNATIONAL REGISTRATION PLAN AUDIT

161262

The foregoing appropriation item 110616, International	161263
Registration Plan, shall be used under section 5703.12 of the	161264
Revised Code for audits of persons with vehicles registered under	161265
the International Registration Plan.	161266

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

161267

Of the foregoing appropriation item 110607, Local Tax	161268
Administration, the Tax Commissioner may disburse funds, if	161269
available, for the purposes of paying travel expenses incurred by	161270
members of Ohio's delegation to the Streamlined Sales Tax Project,	161271
as appointed under section 5740.02 of the Revised Code. Any travel	161272
expense reimbursement paid for by the Department of Taxation shall	161273
be done in accordance with applicable state laws and guidelines.	161274

TOBACCO SETTLEMENT ENFORCEMENT

161275

The foregoing appropriation item 110404, Tobacco Settlement	161276
Enforcement, shall be used by the Tax Commissioner to pay costs	161277
incurred in the enforcement of divisions (F) and (G) of section	161278
5743.03 of the Revised Code.	161279

STARS DEVELOPMENT AND IMPLEMENTATION FUND

161280

The foregoing appropriation item 110638, STARS Development	161281
and Implementation Fund, shall be used to pay costs incurred in	161282
the development and implementation of the department's State Tax	161283
Accounting and Revenue System. The Director of Budget and	161284
Management, under a plan submitted by the Tax Commissioner, or as	161285
otherwise determined by the Director of Budget and Management,	161286
shall set a schedule to transfer cash from the Tax Reform System	161287
Implementation Fund, Local Tax Administration Fund, School	161288
District Income Tax Fund, Discovery Project Fund, and the Motor	161289
Fuel Tax Administration Fund to the credit of the STARS	161290
Development and Implementation Fund (Fund 5MN0). The transfers of	161291
cash shall not exceed $8,000,000 in the biennium.	161292

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

161293

General Revenue Fund	161294

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	161295
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	161296
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	161297
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	161298
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	161299

Section 399.10. TOS TREASURER OF STATE

161301

General Revenue Fund	161302

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	161303
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	161304
GRF	090402	Continuing Education	$	377,702	$	377,702	161305
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	161306
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	161307
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	161308
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	161309
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	161310

General Services Fund Group	161311

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	161312
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	161313
5C50	090602	County Treasurer Education	$	170,057	$	170,057	161314
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	161315
TOTAL GSF General Services							161316
Fund Group			$	5,620,057	$	5,620,057	161317

Agency Fund Group	161318

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	161319
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	161320
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	161321

Section 399.20. OFFICE OF THE SINKING FUND

161323

The foregoing appropriation item 090401, Office of the	161324
Sinking Fund, shall be used for costs incurred by or on behalf of	161325
the Commissioners of the Sinking Fund and the Ohio Public	161326
Facilities Commission with respect to State of Ohio general	161327
obligation bonds or notes, and the Treasurer of State with respect	161328
to State of Ohio general obligation and special obligation bonds	161329
or notes, including, but not limited to, printing, advertising,	161330
delivery, rating fees and the procurement of ratings, professional	161331
publications, membership in professional organizations, and other	161332
services referred to in division (D) of section 151.01 of the	161333
Revised Code. The General Revenue Fund shall be reimbursed for	161334
such costs relating to the issuance and administration of Highway	161335
Capital Improvement bonds or notes authorized under Ohio	161336
Constitution, Article VIII, Section 2m and Chapter 151. of the	161337
Revised Code. That reimbursement shall be made from appropriation	161338
item 155902, Highway Capital Improvement Bond Retirement Fund, by	161339
intrastate transfer voucher pursuant to a certification by the	161340
Office of the Sinking Fund of the actual amounts used. The amounts	161341
necessary to make such a reimbursement are hereby appropriated	161342
from the Highway Capital Improvement Bond Retirement Fund created	161343
in section 151.06 of the Revised Code.	161344

POLICE AND FIRE DEATH BENEFIT FUND

161345

The foregoing appropriation item 090575, Police and Fire	161346
Death Benefits, shall be disbursed quarterly by the Treasurer of	161347
State at the beginning of each quarter of each fiscal year to the	161348
Board of Trustees of the Ohio Police and Fire Pension Fund. The	161349
Treasurer of State shall certify such amounts quarterly to the	161350
Director of Budget and Management. By the twentieth day of June of	161351
each fiscal year, the Board of Trustees of the Ohio Police and	161352
Fire Pension Fund shall certify to the Treasurer of State the	161353
amount disbursed in the current fiscal year to make the payments	161354
required by section 742.63 of the Revised Code and shall return to	161355
the Treasurer of State moneys received from this appropriation	161356
item but not disbursed.	161357

TAX REFUNDS

161358

The foregoing appropriation item 090635, Tax Refunds, shall	161359
be used to pay refunds under section 5703.052 of the Revised Code.	161360
If the Director of Budget and Management determines that	161361
additional amounts are necessary for this purpose, such amounts	161362
are hereby appropriated.	161363

Section 401.10. VTO VETERANS' ORGANIZATIONS

161364

General Revenue Fund	161365

VAP AMERICAN EX-PRISONERS OF WAR	161366

GRF

743501

State Support

28,910

161367

VAN ARMY AND NAVY UNION, USA, INC.	161368

GRF

746501

State Support

63,539

161369

VKW KOREAN WAR VETERANS	161370

GRF

747501

State Support

57,118

161371

VJW JEWISH WAR VETERANS	161372

GRF

748501

State Support

34,321

161373

VCW CATHOLIC WAR VETERANS	161374

GRF

749501

State Support

66,978

161375

VPH MILITARY ORDER OF THE PURPLE HEART	161376

GRF

750501

State Support

65,116

161377

VVV VIETNAM VETERANS OF AMERICA	161378

GRF

751501

State Support

214,776

161379

VAL AMERICAN LEGION OF OHIO	161380

GRF

752501

State Support

349,189

161381

VII AMVETS	161382

GRF

753501

State Support

332,547

161383

VAV DISABLED AMERICAN VETERANS	161384

GRF

754501

State Support

249,836

161385

VMC MARINE CORPS LEAGUE	161386

GRF

756501

State Support

133,947

161387

V37 37TH DIVISION VETERANS' ASSOCIATION	161388

GRF

757501

State Support

6,868

161389

VFW VETERANS OF FOREIGN WARS	161390

GRF

758501

State Support

284,841

161391

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		161392
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		161393

RELEASE OF FUNDS

161394

The Director of Budget and Management may release the	161395
foregoing appropriation items 743501, 746501, 747501, 748501,	161396
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	161397
and 758501, State Support.	161398

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

161399

General Revenue Fund	161400

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	161401
GRF	900402	Hall of Fame	$	107,075	$	107,075	161402
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	161403
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	161404
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	161405

General Services Fund Group	161406

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		161407
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		161408

Federal Special Revenue Fund Group	161409

3680	900614	Veterans Training	$	684,017	$	697,682	161410
3740	900606	Troops to Teachers	$	111,822	$	111,879	161411
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	161412
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	161413
TOTAL FED Federal Special Revenue							161414
Fund Group			$	27,933,629	$	28,693,984	161415

State Special Revenue Fund Group	161416

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	161417
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	161418
TOTAL SSR State Special Revenue							161419
Fund Group			$	11,018,315	$	11,296,794	161420

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	161421

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	161422
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	161423
TOTAL 041 Persian Gulf,							161424
Afghanistan, and Iraq							161425
Compensation Fund Group			$	15,238,703	$	10,029,709	161426
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	161427

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	161428
OBLIGATION DEBT SERVICE	161429

The foregoing appropriation item 900901, Persian Gulf,	161430
Afghanistan and Iraq Compensation Debt Service, shall be used to	161431
pay all debt service and related financing costs during the period	161432
from July 1, 2013, through June 30, 2015, on obligations issued	161433
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	161434
purposes under sections 151.01 and 151.12 of the Revised Code.	161435

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

161436

General Services Fund Group	161437

4K90	888609	Operating Expenses	$	337,432	$	331,695	161438
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	161439
TOTAL GSF General Services							161440
Fund Group			$	367,432	$	361,695	161441
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	161442

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

161444

General Revenue Fund	161445

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	161446
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	161447
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	161448
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	161449
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	161450
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	161451

General Services Fund Group	161452

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	161453
4790	470609	Employee Food Service	$	125,000	$	125,000	161454
4A20	470602	Child Support	$	250,000	$	250,000	161455
4G60	470605	General Operational Funds	$	115,000	$	115,000	161456
5BN0	470629	E-Rate Program	$	525,000	$	525,000	161457
TOTAL GSF General Services							161458
Fund Group			$	4,965,000	$	4,615,000	161459

Federal Special Revenue Fund Group	161460

3210	470601	Education	$	1,480,740	$	1,203,272	161461
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	161462
3210	470606	Nutrition	$	1,033,947	$	1,033,947	161463
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	161464
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	161465
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	161466
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	161467
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	161468
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	161469
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	161470
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	161471
TOTAL FED Federal Special Revenue							161472
Fund Group			$	11,605,207	$	8,272,767	161473

State Special Revenue Fund Group	161474

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	161475
TOTAL SSR State Special Revenue							161476
Fund Group			$	1,795,000	$	1,795,000	161477
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	161478

COMMUNITY PROGRAMS

161479

For purposes of improving community programs, and	161480
notwithstanding any provision of law to the contrary, of the	161481
foregoing appropriation item 470401, RECLAIM Ohio, the Department	161482
of Youth Services shall use $8,813,811 in each fiscal year to	161483
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	161484
Initiative, and other evidence-based community programs.	161485

For purposes of implementing juvenile sentencing reforms, and	161486
notwithstanding any provision of law to the contrary, the	161487
Department of Youth Services may use up to forty-five per cent of	161488
the unexpended, unencumbered balance of the portion of	161489
appropriation item 470401, RECLAIM Ohio, that is allocated to	161490
juvenile correctional facilities in each fiscal year to expand	161491
Targeted RECLAIM, the Behavioral Health Juvenile Justice	161492
Initiative, and other evidence-based community programs.	161493

LEASE RENTAL PAYMENTS

161494

The foregoing appropriation item 470412, Lease Rental	161495
Payments, shall be used to meet all payments at the times they are	161496
required to be made for the period from July 1, 2013, through June	161497
30, 2015, by the Department of Youth Services under the leases and	161498
agreements for facilities made under Chapters 152. and 154. of the	161499
Revised Code. This appropriation is the source of funds pledged	161500
for bond service charges on related obligations issued under	161501
Chapters 152. and 154. of the Revised Code.	161502

EDUCATION REIMBURSEMENT

161503

The foregoing appropriation item 470613, Education	161504
Reimbursement, shall be used to fund the operating expenses of	161505
providing educational services to youth supervised by the	161506
Department of Youth Services. Operating expenses include, but are	161507
not limited to, teachers' salaries, maintenance costs, and	161508
educational equipment. This appropriation item may be used for	161509
capital expenses related to the education program.	161510

EMPLOYEE FOOD SERVICE AND EQUIPMENT

161511

Notwithstanding section 125.14 of the Revised Code, the	161512
foregoing appropriation item 470609, Employee Food Service, may be	161513
used to purchase any food operational items with funds received	161514
into the fund from reimbursements for state surplus property.	161515

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

161516

In collaboration with the county family and children first	161517
council, the juvenile court of that county that receives	161518
allocations from one or both of the foregoing appropriation items	161519
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	161520
portions of those allocations to a flexible funding pool as	161521
authorized by the section of Am. Sub. H.B. 153 of the 129th	161522
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	161523
FUNDING POOL."	161524

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	161525
EVALUATION	161526

The Office of Health Transformation shall convene a team	161527
comprised of the Department of Youth Services, the Department of	161528
Medicaid, the Department of Job and Family Services, the	161529
Department of Health, and the Department of Mental Health and	161530
Addiction Services. The team shall evaluate the feasibility of	161531
implementing a trauma screening tool for high-risk youth and	161532
create a report with the following information: (A) the	161533
recommended trauma screening tool to be used to evaluate high-risk	161534
youth; (B) training in the administration of the recommended tool;	161535
(C) screening protocols; (D) the persons to whom the recommended	161536
tool should apply; and (E) the implications for treatment. The	161537
report shall be completed by December 1, 2013, and shall be	161538
distributed to the Governor. The Department of Youth Services may	161539
receive funds for piloting the recommended tool in detention	161540
centers.	161541

Section 501.20. All items set forth in sections 501.20 and	161542
501.30 of this act are hereby appropriated for the biennium ending	161543
on June 30, 2015, out of any moneys in the state treasury to the	161544
credit of the Administrative Building Fund (Fund 7026) that are	161545
not otherwise appropriated.	161546

Appropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	161547

C87412	Capitol Square Security				$	1,200,000			161548
TOTAL Capitol Square Review and Advisory Board					$	1,200,000			161549

Appropriations

Section 501.30. TOS TREASURER OF STATE

161551

C09001	Treasury Management System	$	10,000,000	161552
TOTAL Treasurer of State		$	10,000,000	161553
TOTAL Administrative Building Fund		$	11,200,000	161554

The foregoing appropriation item C09001, Treasury Management	161555
System, shall be used to pay costs incurred in the acquisition and	161556
implementation of the Treasury Management System.	161557

The Treasurer of State may acquire and implement a Treasury	161558
Management System, including, but not limited to, the application	161559
hardware and software and the installation and implementation	161560
thereof, for the use of the Treasurer of State. The Treasury	161561
Management System is an integrated treasury technology	161562
infrastructure system that will replace the Treasurer of State's	161563
existing separate cash, custody, investment, and accounting	161564
software and administration systems for the various treasury	161565
functions performed by the state.	161566

The Treasurer of State is hereby authorized to issue and	161567
sell, in accordance with Section 2i of Article VIII, Ohio	161568
Constitution, and Chapter 154. of the Revised Code, particularly	161569
section 154.24 of the Revised Code, original obligations in an	161570
aggregate principal amount not to exceed $11,200,000, in addition	161571
to the original issuance of obligations heretofore authorized by	161572
prior acts of the General Assembly. These authorized obligations	161573
shall be issued, subject to applicable constitutional and	161574
statutory limitations, to pay costs associated with previously	161575
authorized capital facilities and the capital facilities referred	161576
to in this section of the act.	161577

Section 503.10. PERSONAL SERVICE EXPENSES

161578

Unless otherwise prohibited by law, any appropriation from	161579
which personal service expenses are paid shall bear the employer's	161580
share of public employees' retirement, workers' compensation,	161581
disabled workers' relief, and insurance programs; and the costs of	161582
centralized financial services, centralized payroll processing,	161583
and related reports and services; centralized human resources	161584
services, including affirmative action and equal employment	161585
opportunity programs; the Office of Collective Bargaining; the	161586
Employee Assistance Program; centralized information technology	161587
management services; administering the enterprise resource	161588
planning system; and administering the state employee merit system	161589
as required by section 124.07 of the Revised Code. These costs	161590
shall be determined in conformity with the appropriate sections of	161591
law and paid in accordance with procedures specified by the Office	161592
of Budget and Management. Expenditures from appropriation item	161593
070601, Public Audit Expense - Intra-State, may be exempted from	161594
the requirements of this section.	161595

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	161596
AGAINST THE STATE	161597

Except as otherwise provided in this section, an	161598
appropriation in this act or any other act may be used for the	161599
purpose of satisfying judgments, settlements, or administrative	161600
awards ordered or approved by the Court of Claims or by any other	161601
court of competent jurisdiction in connection with civil actions	161602
against the state. This authorization does not apply to	161603
appropriations to be applied to or used for payment of guarantees	161604
by or on behalf of the state, or for payments under lease	161605
agreements relating to, or debt service on, bonds, notes, or other	161606
obligations of the state. Notwithstanding any other statute to the	161607
contrary, this authorization includes appropriations from funds	161608
into which proceeds of direct obligations of the state are	161609
deposited only to the extent that the judgment, settlement, or	161610
administrative award is for, or represents, capital costs for	161611
which the appropriation may otherwise be used and is consistent	161612
with the purpose for which any related obligations were issued or	161613
entered into. Nothing contained in this section is intended to	161614
subject the state to suit in any forum in which it is not	161615
otherwise subject to suit, and is not intended to waive or	161616
compromise any defense or right available to the state in any suit	161617
against it.	161618

Section 503.30. CAPITAL PROJECT SETTLEMENTS

161619

This section specifies an additional and supplemental	161620
procedure to provide for payments of judgments and settlements if	161621
the Director of Budget and Management determines, pursuant to	161622
division (C)(4) of section 2743.19 of the Revised Code, that	161623
sufficient unencumbered moneys do not exist in the fund to support	161624
a particular appropriation to pay the amount of a final judgment	161625
rendered against the state or a state agency, including the	161626
settlement of a claim approved by a court, in an action upon and	161627
arising out of a contractual obligation for the construction or	161628
improvement of a capital facility if the costs under the contract	161629
were payable in whole or in part from a state capital projects	161630
appropriation. In such a case, the Director may either proceed	161631
pursuant to division (C)(4) of section 2743.19 of the Revised Code	161632
or apply to the Controlling Board to increase an appropriation or	161633
create an appropriation out of any unencumbered moneys in the	161634
state treasury to the credit of the capital projects fund from	161635
which the initial state appropriation was made. The amount of an	161636
increase in appropriation or new appropriation approved by the	161637
Controlling Board is hereby appropriated from the applicable	161638
capital projects fund and made available for the payment of the	161639
judgment or settlement.	161640

If the Director does not make the application authorized by	161641
this section or the Controlling Board disapproves the application,	161642
and the Director does not make application under division (C)(4)	161643
of section 2743.19 of the Revised Code, the Director shall for the	161644
purpose of making that payment make a request to the General	161645
Assembly as provided for in division (C)(5) of that section.	161646

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

161647

In order to provide funds for the reissuance of voided	161648
warrants under section 126.37 of the Revised Code, there is hereby	161649
appropriated, out of moneys in the state treasury from the fund	161650
credited as provided in section 126.37 of the Revised Code, that	161651
amount sufficient to pay such warrants when approved by the Office	161652
of Budget and Management.	161653

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	161654
BALANCES OF OPERATING APPROPRIATIONS	161655

(A) An unexpended balance of an operating appropriation or	161656
reappropriation that a state agency lawfully encumbered prior to	161657
the close of a fiscal year is hereby reappropriated on the first	161658
day of July of the following fiscal year from the fund from which	161659
it was originally appropriated or reappropriated for the following	161660
period and shall remain available only for the purpose of	161661
discharging the encumbrance:	161662

(1) For an encumbrance for personal services, maintenance,	161663
equipment, or items for resale, other than an encumbrance for an	161664
item of special order manufacture not available on term contract	161665
or in the open market or for reclamation of land or oil and gas	161666
wells, for a period of not more than five months from the end of	161667
the fiscal year;	161668

(2) For an encumbrance for an item of special order	161669
manufacture not available on term contract or in the open market,	161670
for a period of not more than five months from the end of the	161671
fiscal year or, with the written approval of the Director of	161672
Budget and Management, for a period of not more than twelve months	161673
from the end of the fiscal year;	161674

(3) For an encumbrance for reclamation of land or oil and gas	161675
wells, for a period ending when the encumbered appropriation is	161676
expended or for a period of two years, whichever is less;	161677

(4) For an encumbrance for any other expense, for such period	161678
as the Director approves, provided such period does not exceed two	161679
years.	161680

(B) Any operating appropriations for which unexpended	161681
balances are reappropriated beyond a five-month period from the	161682
end of the fiscal year by division (A)(2) of this section shall be	161683
reported to the Controlling Board by the Director of Budget and	161684
Management by the thirty-first day of December of each year. The	161685
report on each such item shall include the item, the cost of the	161686
item, and the name of the vendor. The report shall be updated on a	161687
quarterly basis for encumbrances remaining open.	161688

(C) Upon the expiration of the reappropriation period set out	161689
in division (A) of this section, a reappropriation made by this	161690
section lapses, and the Director of Budget and Management shall	161691
cancel the encumbrance of the unexpended reappropriation not later	161692
than the end of the weekend following the expiration of the	161693
reappropriation period.	161694

(D) Notwithstanding division (C) of this section, with the	161695
approval of the Director of Budget and Management, an unexpended	161696
balance of an encumbrance that was reappropriated on the first day	161697
of July by this section for a period specified in division (A)(3)	161698
or (4) of this section and that remains encumbered at the close of	161699
the fiscal biennium is hereby reappropriated on the first day of	161700
July of the following fiscal biennium from the fund from which it	161701
was originally appropriated or reappropriated for the applicable	161702
period specified in division (A)(3) or (4) of this section and	161703
shall remain available only for the purpose of discharging the	161704
encumbrance.	161705

(E) The Director of Budget and Management may correct	161706
accounting errors committed by the staff of the Office of Budget	161707
and Management, such as reestablishing encumbrances or	161708
appropriations cancelled in error, during the cancellation of	161709
operating encumbrances in November and of nonoperating	161710
encumbrances in December.	161711

(F) The Director of Budget and Management may at any time	161712
correct accounting errors committed by the staff of a state agency	161713
or state institution of higher education, as defined in section	161714
3345.011 of the Revised Code, such as reestablishing prior year	161715
nonoperating encumbrances canceled or modified in error. The	161716
reestablished encumbrance amounts are hereby appropriated.	161717

(G) If the Controlling Board approved a purchase, that	161718
approval remains in effect so long as the appropriation used to	161719
make that purchase remains encumbered.	161720

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	161721
RE-ESTABLISHMENT OF ENCUMBRANCES	161722

Any cash transferred by the Director of Budget and Management	161723
under section 126.15 of the Revised Code is hereby appropriated.	161724
Any amounts necessary to re-establish appropriations or	161725
encumbrances under section 126.15 of the Revised Code are hereby	161726
appropriated.	161727

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

161728

There are hereby appropriated out of any moneys in the state	161729
treasury to the credit of the General Revenue Fund, which are not	161730
otherwise appropriated, funds sufficient to make any payment	161731
required by division (B)(2) of section 5747.03 of the Revised	161732
Code.	161733

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	161734
APPROVED BY THE CONTROLLING BOARD	161735

Any money that the Controlling Board approves for expenditure	161736
or any increase in appropriation that the Controlling Board	161737
approves under sections 127.14, 131.35, and 131.39 of the Revised	161738
Code or any other provision of law is hereby appropriated for the	161739
period ending June 30, 2015.	161740

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	161741
RESIDENCE	161742

If the Governor's Residence Fund (Fund 4H20) receives payment	161743
for use of the residence pursuant to section 107.40 of the Revised	161744
Code, the amounts so received are hereby appropriated to	161745
appropriation item 100604, Governor's Residence Gift.	161746

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

161747

Unless the agency and nuclear electric utility mutually agree	161748
to a higher amount by contract, the maximum amounts that may be	161749
assessed against nuclear electric utilities under division (B)(2)	161750
of section 4937.05 of the Revised Code and deposited into the	161751
specified funds are as follows:	161752

Fund	User		FY 2014		FY 2015	161753
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	161754
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	161755
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	161756
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	161757

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	161758
INTEREST EARNED	161759

Notwithstanding any provision of law to the contrary, the	161760
Director of Budget and Management, through June 30, 2015, may	161761
transfer interest earned by any state fund to the General Revenue	161762
Fund. This section does not apply to funds whose source of revenue	161763
is restricted or protected by the Ohio Constitution, federal tax	161764
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	161765
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	161766

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	161767
FROM NON-GRF FUNDS	161768

Notwithstanding any provision of law to the contrary, the	161769
Director of Budget and Management may transfer up to $60,000,000	161770
in each fiscal year in cash from non-General Revenue Funds that	161771
are not constitutionally restricted to the General Revenue Fund in	161772
order to ensure that available General Revenue Fund receipts and	161773
balances are sufficient to support General Revenue Fund	161774
appropriations in each fiscal year.	161775

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	161776
BALANCE	161777

Notwithstanding divisions (B) and (C) of section 131.44 of	161778
the Revised Code, the Director of Budget and Management shall	161779
determine the surplus General Revenue Fund revenue that existed on	161780
June 30, 2013, in excess of the amount required under division	161781
(A)(3) of section 131.44 of the Revised Code, and transfer from	161782
the General Revenue Fund, to the extent of the amount so	161783
determined, the following:	161784

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	161785
of up to $15,000,000;	161786

(B) To the Controlling Board Emergency Purposes Fund (Fund	161787
5KM0), a cash amount of up to $20,000,000;	161788

(C) To the Natural Resources Special Purposes Fund (Fund	161789
5MW0), which is hereby created in the state treasury, a cash	161790
amount of up to $12,000,000;	161791

(D) To the Unemployment Compensation Interest Contingency	161792
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	161793
to the United States Secretary of the Treasury of accrued interest	161794
costs related to federal unemployment account borrowing.	161795

Section 512.40. ACCESS SUCCESS II PROGRAM

161796

To the extent cash is available, the Director of Budget and	161797
Management may transfer cash from the Money Follows the Person	161798
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	161799
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	161800
by the Department of Mental Health and Addiction Services. The	161801
transferred cash is hereby appropriated.	161802

The Department of Mental Health and Addiction Services shall	161803
use the transferred funds to administer the Access Success II	161804
Program to help non-Medicaid patients in any hospital established,	161805
controlled, or supervised by the Department under Chapter 5119. of	161806
the Revised Code to transition from inpatient status to a	161807
community setting.	161808

Section 512.50. Not later than the first day of September	161809
2013, the Director of Mental Health and the Director of Alcohol	161810
and Drug Addiction Services shall certify to the Director of	161811
Budget and Management the amount of all of the unexpended,	161812
unencumbered balances of general revenue fund appropriations made	161813
to the Department of Mental Health and to the Department of	161814
Alcohol and Drug Addiction Services for FY 2012, excluding funds	161815
appropriated for rental payments to the Ohio Public Facilities	161816
Commission. On receipt of the certification, the Director of	161817
Budget and Management shall transfer cash to the Department of	161818
Mental Health and Addiction Services Trust Fund created in section	161819
5119.46 of the Revised Code (renumbered section 5119.60 of the	161820
Revised Code in this act) in an amount up to, but not exceeding,	161821
the total amounts certified by the Director of Mental Health and	161822
the Director of Alcohol and Drug Addiction Services.	161823

Section 512.70. PROHIBITION ON TRANSFERS

161824

Notwithstanding section 131.44 of the Revised Code, cash	161825
shall not be transferred to the Income Tax Reduction Fund prior to	161826
July 1, 2015.	161827

Section 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

161828

There is hereby established in the Highway Operating Fund	161829
(Fund 7002), used by the Department of Transportation, a Diesel	161830
Emissions Reduction Grant Program. The Director of Environmental	161831
Protection shall administer the program and shall solicit,	161832
evaluate, score, and select projects submitted by public and	161833
private entities that are eligible for the federal Congestion	161834
Mitigation and Air Quality (CMAQ) Program. The Director of	161835
Transportation shall process Federal Highway	161836
Administration-approved projects as recommended by the Director of	161837
Environmental Protection.	161838

In addition to the allowable expenditures set forth in	161839
section 122.861 of the Revised Code, Diesel Emissions Reduction	161840
Grant Program funds also may be used to fund projects involving	161841
the purchase or use of hybrid and alternative fuel vehicles that	161842
are allowed under guidance developed by the Federal Highway	161843
Administration for the CMAQ Program.	161844

Public entities eligible to receive funds under section	161845
122.861 of the Revised Code and CMAQ shall be reimbursed from	161846
moneys in the Highway Operating Fund (Fund 7002) designated for	161847
the Department of Transportation's Diesel Emissions Reduction	161848
Grant Program.	161849

Private entities eligible to receive funds under section	161850
122.861 of the Revised Code and CMAQ shall be reimbursed through	161851
transfers of cash from moneys in the Highway Operating Fund (Fund	161852
7002) designated for the Department of Transportation's Diesel	161853
Emissions Reduction Grant Program to the Diesel Emissions	161854
Reduction Fund (Fund 3FH0), used by the Environmental Protection	161855
Agency. Total expenditures between both the Environmental	161856
Protection Agency and the Department of Transportation shall not	161857
exceed the amounts appropriated in this act for appropriation item	161858
715693, Diesel Emissions Reduction Grants.	161859

On or before June 30, 2014, the Director of Environmental	161860
Protection may certify to the Director of Budget and Management	161861
the amount of any unencumbered balance of the foregoing	161862
appropriation item 715693, Diesel Emissions Reduction Grants, for	161863
fiscal year 2014 to be used for the same purpose in fiscal year	161864
2015. Once the certification permitted under this section has been	161865
submitted and approved by the Director of Budget and Management,	161866
the amount approved is hereby appropriated for fiscal year 2015.	161867

Any cash transfers or allocations under this section	161868
represent CMAQ program moneys within the Department of	161869
Transportation for use by the Diesel Emissions Reduction Grant	161870
Program by the Environmental Protection Agency. These allocations	161871
shall not reduce the amount of such moneys designated for	161872
metropolitan planning organizations.	161873

The Director of Environmental Protection, in consultation	161874
with the directors of Development Services and Transportation,	161875
shall develop guidance for the distribution of funds and for the	161876
administration of the Diesel Emissions Reduction Grant Program.	161877
The guidance shall include a method of prioritization for	161878
projects, acceptable technologies, and procedures for awarding	161879
grants.	161880

Section 515.30. On the effective date of this section, the	161881
Rehabilitation Services Commission is renamed the Opportunities	161882
for Ohioans with Disabilities Agency. The Rehabilitation Services	161883
Commission's functions, and its assets and liabilities, are	161884
transferred to the Opportunities for Ohioans with Disabilities	161885
Agency. The Opportunities for Ohioans with Disabilities Agency is	161886
successor to, assumes the obligations and authority of, and	161887
otherwise continues the Rehabilitation Services Commission. No	161888
right, privilege, or remedy, and no duty, liability, or	161889
obligation, accrued under the Rehabilitation Services Commission	161890
is impaired or lost by reason of the renaming and shall be	161891
recognized, administered, performed, or enforced by the	161892
Opportunities for Ohioans with Disabilities Agency.	161893

Business commenced but not completed by the Rehabilitation	161894
Services Commission or by the Administrator of the Rehabilitation	161895
Services Commission shall be completed by the Opportunities for	161896
Ohioans with Disabilities Agency or the Executive Director of the	161897
Opportunities for Ohioans with Disabilities Agency in the same	161898
manner, and with the same effect, as if completed by the	161899
Rehabilitation Services Commission or the Administrator of the	161900
Rehabilitation Services Commission.	161901

All of the Rehabilitation Services Commission's rules,	161902
orders, and determinations continue in effect as rules, orders,	161903
and determinations of the Opportunities for Ohioans with	161904
Disabilities Agency until modified or rescinded by the	161905
Opportunities for Ohioans with Disabilities Agency.	161906

Subject to the layoff provisions of sections 124.321 to	161907
124.382 of the Revised Code, all employees of the Rehabilitation	161908
Services Commission continue with the Opportunities for Ohioans	161909
with Disabilities Agency and retain their positions and all	161910
benefits accruing thereto.	161911

The Director of Budget and Management shall determine the	161912
amount of unexpended balances in the appropriation accounts that	161913
pertain to the Rehabilitation Services Commission and shall	161914
recommend to the Controlling Board their transfer to the	161915
appropriation accounts that pertain to the Opportunities for	161916
Ohioans with Disabilities Agency. The Administrator of the	161917
Rehabilitation Services Commission shall provide full and timely	161918
information to the Controlling Board to facilitate the transfer.	161919

Whenever the Rehabilitation Services Commission or the	161920
Administrator of the Rehabilitation Services Commission is	161921
referred to in a statute, contract, or other instrument, the	161922
reference is deemed to refer to the Opportunities for Ohioans with	161923
Disabilities Agency or to the Executive Director of the	161924
Opportunities for Ohioans with Disabilities Agency, whichever is	161925
appropriate in context.	161926

No pending action or proceeding being prosecuted or defended	161927
in court or before an agency by the Rehabilitation Services	161928
Commission or the Administrator of the Rehabilitation Services	161929
Commission is affected by the renaming and shall be prosecuted or	161930
defended in the name of the Opportunities for Ohioans with	161931
Disabilities Agency or the Executive Director of the Opportunities	161932
for Ohioans with Disabilities Agency, whichever is appropriate.	161933
Upon application to the court or agency, the Opportunities for	161934
Ohioans with Disabilities Agency or the Executive Director of the	161935
Opportunities for Ohioans with Disabilities Agency shall be	161936
substituted.	161937

Section 515.40. On the effective date of this section, the	161938
Board of Examiners of Nursing Home Administrators is renamed the	161939
Board of Executives of Long-Term Services and Supports. The Board	161940
of Examiners of Nursing Home Administrators' functions and its	161941
assets and liabilities, are transferred to the Board of Executives	161942
of Long-Term Services and Supports. The Board of Executives of	161943
Long-Term Services and Supports is successor to, assumes the	161944
obligations and authority of, and otherwise continues the Board of	161945
Examiners of Nursing Home Administrators. No right, privilege, or	161946
remedy, and no duty, liability, or obligation, accrued under the	161947
Board of Examiners of Nursing Home Administrators is impaired or	161948
lost by reason of the renaming and shall be recognized,	161949
administered, performed, or enforced by the Board of Executives of	161950
Long-Term Services and Supports.	161951

Business commenced but not completed by the Board of	161952
Examiners of Nursing Home Administrators or by the Secretary of	161953
the Board of Examiners of Nursing Home Administrators shall be	161954
completed by the Board of Executives of Long-Term Services and	161955
Supports or the Secretary of the Board of Executives of Long-Term	161956
Services and Supports in the same manner, and with the same	161957
effect, as if completed by the Board of Examiners of Nursing Home	161958
Administrators or by the Secretary of the Board of Examiners of	161959
Nursing Home Administrators.	161960

All of the Board of Examiners of Nursing Home Administrators'	161961
rules, orders, and determinations continue in effect as rules,	161962
orders, and determinations of the Board of Executives of Long-Term	161963
Services and Supports.	161964

Subject to the layoff provisions of sections 124.321 to	161965
124.328 of the Revised Code, all employees of the Board of	161966
Examiners of Nursing Home Administrators who provide	161967
administrative, technical, or other services to the Board of	161968
Examiners of Nursing Home Administrators on a full-time, permanent	161969
basis shall continue with the Board of Executives of Long-Term	161970
Services and Supports and retain their positions and benefits	161971
accruing thereto, except that those employees in the classified	161972
service shall be reclassified into the unclassified service and	161973
shall serve at the pleasure of the Board.	161974

Notwithstanding section 4751.03 of the Revised Code, as	161975
amended by this act, those board members currently serving as	161976
members of the Board of Examiners of Nursing Home Administrators	161977
on the effective date of this act shall continue to serve as	161978
members of the Board of Executives of Long-Term Services and	161979
Supports for the remainder of their appointment period, at which	161980
time new members shall be appointed in a manner consistent with	161981
section 4751.03 of the Revised Code, as amended by this act.	161982

Within ninety days after the effective date of this act, the	161983
Governor shall appoint to the Board of Executives of Long-Term	161984
Services and Supports those new members who are required to be	161985
appointed under divisions (A)(3) and (6) of section 4751.03 of the	161986
Revised Code, as amended by this act, for terms ending on May 27,	161987
2014. Thereafter, appointment for those members shall be as	161988
provided in section 4751.03 of the Revised Code, as amended by	161989
this act.	161990

Whenever the Board of Examiners of Nursing Home	161991
Administrators is referred to in statute, contract, or other	161992
instrument, the reference is deemed to refer to the Board of	161993
Executives of Long-Term Services and Supports.	161994

No pending action or proceeding being prosecuted or defended	161995
in court or before an agency by the Board of Examiners of Nursing	161996
Home Administrators or the Secretary of the Board of Examiners of	161997
Nursing Home Administrators is affected by the renaming and shall	161998
be prosecuted or defended in the name of the Board of Executives	161999
of Long-Term Services and Supports or the Secretary of the Board	162000
of Executives of Long-Term Services and Supports. Upon application	162001
to the court or agency, the Board of Executives of Long-Term	162002
Services and Supports or the Secretary of the Board of Executives	162003
of Long-Term Services and Supports shall be substituted.	162004

Section 515.50. (A) On July 1, 2013, the eTech Ohio	162005
Commission is renamed and reconstituted as the Broadcast	162006
Educational Media Commission, as described in section 3353.02 of	162007
the Revised Code as amended by this act. The Broadcast Educational	162008
Media Commission is thereupon and thereafter successor to, assumes	162009
the obligations of, and otherwise constitutes the continuation of	162010
the eTech Ohio Commission, for all obligations related to the	162011
state's educational broadcasting services, including educational	162012
television, radio, and radio reading services.	162013

(B) Any business related to the state's educational	162014
television, radio, or radio reading services commenced but not	162015
completed by the eTech Ohio Commission shall be completed by the	162016
Broadcast Educational Media Commission in the same manner, and	162017
with the same effect, as if completed by the eTech Ohio	162018
Commission. No validation, cure, right, privilege, remedy,	162019
obligation, or liability is lost or impaired by reason of the	162020
renaming, and shall be recognized, administered, performed, or	162021
enforced by the Broadcast Educational Media Commission.	162022

(C) All of the rules of the eTech Ohio Commission related to	162023
the state's educational broadcasting services, including	162024
educational television, radio, or radio reading services, continue	162025
in effect as rules of the Broadcast Educational Media Commission,	162026
until amended or rescinded by the Broadcast Educational Media	162027
Commission.	162028

(D) No judicial or administrative action or proceeding	162029
related to the state's educational broadcasting services,	162030
including educational television, radio, or radio reading	162031
services, in which the eTech Ohio Commission is a party, that is	162032
pending on the effective date of this section is affected by the	162033
renaming. Such action or proceeding shall be prosecuted or	162034
defended in the name of the Broadcast Educational Media	162035
Commission. On application to the court or other tribunal, the	162036
Broadcast Educational Media Commission shall be substituted for	162037
the eTech Ohio Commission as a party to such action or proceeding.	162038

(E) Subject to the layoff provisions of sections 124.321 to	162039
124.328 and division (D) of section 3353.03 of the Revised Code,	162040
as amended by this act, all employees of the former eTech Ohio	162041
Commission assigned to activities related to the state's	162042
educational broadcasting services, including educational	162043
television, radio, or radio reading services, continue with the	162044
Broadcast Educational Media Commission and retain their positions	162045
and all benefits accruing thereto.	162046

(F) All books, records, documents, files, transcripts,	162047
equipment, furniture, supplies, and other materials related to the	162048
state's educational broadcasting services, including educational	162049
television, radio, or radio reading services, assigned to or in	162050
the possession of the former eTech Ohio Commission shall be	162051
transferred to the Broadcast Educational Media Commission.	162052

(G) Each current member of the eTech Ohio Commission shall	162053
serve until June 30, 2013. On July 1, 2013, or as soon after July	162054
1, 2013, as possible, each member shall either be reappointed or	162055
replaced by another member to serve on the Educational Media	162056
Commission pursuant to section 3353.02 of the Revised Code, as	162057
amended by this act.	162058

Section 515.51. (A) On July 1, 2013, all responsibilities	162059
related to the administration of the Telecommunity Fund and the	162060
Distance Learning Fund, as well as for technology-related teacher	162061
professional development programs, are transferred from the former	162062
eTech Ohio Commission to the Chancellor of the Board of Regents as	162063
described in sections 3319.235, 3317.50, and 3317.51 of the	162064
Revised Code, as amended by this act. The Chancellor is thereupon	162065
and thereafter successor to, assumes the obligations of, and	162066
otherwise constitutes the continuation of the eTech Ohio	162067
Commission relating to the functions, assets, records, and	162068
obligations relating to these responsibilities.	162069

(B) Any business related to these responsibilities commenced	162070
but not completed by the former eTech Ohio Commission shall be	162071
completed by the Chancellor in the same manner, and with the same	162072
effect, as if completed by the eTech Ohio Commission. No	162073
validation, cure, right, privilege, remedy, obligation, or	162074
liability is lost or impaired by reason of the transfer, and shall	162075
be recognized, administered, performed, or enforced by the	162076
Chancellor.	162077

(C) All of the rules of the former eTech Ohio Commission	162078
related to these responsibilities continue in effect as rules of	162079
the Chancellor, until amended or rescinded by the Chancellor.	162080

(D) Any judicial or administrative action or proceeding	162081
related to these responsibilities, in which the eTech Ohio	162082
Commission is a party, that is pending on the effective date of	162083
this section is affected by the transfer. Such action or	162084
proceeding shall be prosecuted or defended in the name of the	162085
Chancellor. On application to the court or other tribunal, the	162086
Chancellor of the Board of Regents shall be substituted for the	162087
eTech Ohio Commission as a party to such action or proceeding.	162088

(E) Subject to the layoff provisions of sections 124.321 to	162089
124.328 and division (D) of section 3353.03 of the Revised Code,	162090
as amended by this act, all employees of the former eTech Ohio	162091
Commission assigned to these responsibilities continue with the	162092
Chancellor and retain their positions and all benefits accruing	162093
thereto.	162094

(F) All books, records, documents, files, transcripts,	162095
equipment, furniture, supplies, and other materials related to	162096
these responsibilities assigned to or in the possession of the	162097
former eTech Ohio Commission shall be transferred to the	162098
Chancellor.	162099

(G) All employees of the former eTech Ohio Commission who	162100
transferred to the Chancellor of the Board of Regents upon the	162101
reconstitution of the Commission as prescribed by Section 515.50	162102
of H.B. 59 of the 130th General Assembly and who when employed by	162103
that Commission or a predecessor agency were included in a	162104
bargaining unit established under Chapter 4117. of the Revised	162105
Code, shall continue to be included in that bargaining unit, are	162106
public employees as defined in section 4117.01 of the Revised	162107
Code, and may collectively bargain with the Chancellor in	162108
accordance with that chapter. Otherwise, any employee hired by the	162109
Chancellor after the reconstitution of the Commission, either to	162110
fill vacancies or to fill new positions related to the transferred	162111
employees' duties, shall be exempt from Chapter 4117. of the	162112
Revised Code and shall not be public employees as defined in	162113
section 4117.01 of the Revised Code.	162114

Section 515.52. (A) On July 1, 2013, all responsibilities of	162115
the former eTech Ohio Commission related to the purchase of	162116
software services and supplies, the redistribution of hardware and	162117
software from closed community schools, and technology-related	162118
teacher professional development programs are transferred from the	162119
former eTech Ohio Commission to the Department of Education as	162120
described in sections 125.05, 3314.074, and 3319.235 of the	162121
Revised Code, as amended by this act. The Department is thereupon	162122
and thereafter successor to, assumes the obligations of, and	162123
otherwise constitutes the continuation of the eTech Ohio	162124
Commission relating to these responsibilities.	162125

(B) Any business related to these responsibilities commenced	162126
but not completed by the former eTech Ohio Commission shall be	162127
completed by the Department in the same manner, and with the same	162128
effect, as if completed by the eTech Ohio Commission. No	162129
validation, cure, right, privilege, remedy, obligation, or	162130
liability is lost or impaired by reason of the transfer, and shall	162131
be recognized, administered, performed, or enforced by the	162132
Department.	162133

(C) All of the rules of the eTech Ohio Commission related to	162134
these responsibilities continue in effect as rules of the	162135
Department, until amended or rescinded by the Department.	162136

(D) Any judicial or administrative action or proceeding	162137
related to these responsibilities, in which the eTech Ohio	162138
Commission is a party, that is pending on the effective date of	162139
this section is affected by the transfer. Such action or	162140
proceeding shall be prosecuted or defended in the name of the	162141
Department. On application to the court or other tribunal, the	162142
Department of Education shall be substituted for the eTech Ohio	162143
Commission as a party to such action or proceeding.	162144

(E) Subject to the layoff provisions of sections 124.321 to	162145
124.328 and division (D) of section 3353.03 of the Revised Code,	162146
as amended by this act, all employees of the former eTech Ohio	162147
Commission assigned to these responsibilities continue with the	162148
Department and retain their positions and all benefits accruing	162149
thereto.	162150

(F) All books, records, documents, files, transcripts,	162151
equipment, furniture, supplies, and other materials related to	162152
these responsibilities assigned to or in the possession of the	162153
former eTech Ohio Commission shall be transferred to the	162154
Department.	162155

(G) All employees of the former eTech Ohio Commission who	162156
transferred to the Department of Education upon the reconstitution	162157
of the Commission as prescribed by Section 515.50 of H.B. 59 of	162158
the 130th General Assembly and who when employed by that	162159
Commission or a predecessor agency were included in a bargaining	162160
unit established under Chapter 4117. of the Revised Code, shall	162161
continue to be included in that bargaining unit, are public	162162
employees as defined in section 4117.01 of the Revised Code, and	162163
may collectively bargain with the state Board of Education in	162164
accordance with that chapter. Otherwise, any employee hired by the	162165
Department after the reconstitution of the Commission, either to	162166
fill vacancies or to fill new positions related to the transferred	162167
employees' duties, shall be exempt from Chapter 4117. of the	162168
Revised Code and shall not be public employees as defined in	162169
section 4117.01 of the Revised Code.	162170

Section 515.53. Any duties and responsibilities of the	162171
former eTech Ohio Commission not transferred in accordance with	162172
Sections 515.50, 515.51, and 515.52 of this act are eliminated on	162173
July 1, 2013.	162174

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

162175

Certain appropriations are in this act for the purpose of	162176
paying debt service and financing costs on general obligation	162177
bonds or notes of the state issued pursuant to the Ohio	162178
Constitution and acts of the General Assembly. If it is determined	162179
that additional appropriations are necessary for this purpose,	162180
such amounts are hereby appropriated.	162181

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

162182

Certain appropriations are in this act for the purpose of	162183
making lease rental payments pursuant to leases and agreements	162184
relating to bonds or notes issued by the Treasurer of State, or	162185
previously by the Ohio Public Facilities Commission or the Ohio	162186
Building Authority, pursuant to the Ohio Constitution and acts of	162187
the General Assembly. If it is determined that additional	162188
appropriations are necessary for this purpose, such amounts are	162189
hereby appropriated.	162190

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	162191
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	162192

The Office of Budget and Management shall process payments	162193
from general obligation and lease rental payment appropriation	162194
items during the period from July 1, 2013, through June 30, 2015,	162195
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	162196
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	162197
Chapters 151., 152., and 154. of the Revised Code. Payments shall	162198
be made upon certification by the Treasurer of State of the dates	162199
and the amounts due on those dates.	162200

Section 521.11. STATE AND LOCAL REBATE AUTHORIZATION

162201

There is hereby appropriated, from those funds designated by	162202
or pursuant to the applicable proceedings authorizing the issuance	162203
of state obligations, amounts computed at the time to represent	162204
the portion of investment income to be rebated or amounts in lieu	162205
of or in addition to any rebate amount to be paid to the federal	162206
government in order to maintain the exclusion from gross income	162207
for federal income tax purposes of interest on those state	162208
obligations under section 148(f) of the Internal Revenue Code.	162209

Rebate payments shall be approved and vouchered by the Office	162210
of Budget and Management.	162211

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

162212

Whenever the Director of Budget and Management determines	162213
that an appropriation made to a state agency from a fund of the	162214
state is insufficient to provide for the recovery of statewide	162215
indirect costs under section 126.12 of the Revised Code, the	162216
amount required for such purpose is hereby appropriated from the	162217
available receipts of such fund.	162218

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	162219
INDIRECT COST ALLOCATION PLAN	162220

The total transfers made from the General Revenue Fund by the	162221
Director of Budget and Management under this section shall not	162222
exceed the amounts transferred into the General Revenue Fund under	162223
section 126.12 of the Revised Code.	162224

The director of an agency may certify to the Director of	162225
Budget and Management the amount of expenses not allowed to be	162226
included in the Statewide Indirect Cost Allocation Plan under	162227
federal regulations, from any fund included in the Statewide	162228
Indirect Cost Allocation Plan, prepared as required by section	162229
126.12 of the Revised Code.	162230

Upon determining that no alternative source of funding is	162231
available to pay for such expenses, the Director of Budget and	162232
Management may transfer cash from the General Revenue Fund into	162233
the fund for which the certification is made, up to the amount of	162234
the certification. The director of the agency receiving such funds	162235
shall include, as part of the next budget submission prepared	162236
under section 126.02 of the Revised Code, a request for funding	162237
for such activities from an alternative source such that further	162238
federal disallowances would not be required.	162239

The director of an agency may certify to the Director of	162240
Budget and Management the amount of expenses paid in error from a	162241
fund included in the Statewide Indirect Cost Allocation Plan. The	162242
Director of Budget and Management may transfer cash from the fund	162243
from which the expenditure should have been made into the fund	162244
from which the expenses were erroneously paid, up to the amount of	162245
the certification.	162246

The director of an agency may certify to the Director of	162247
Budget and Management the amount of expenses or revenues not	162248
allowed to be included in the Statewide Indirect Cost Allocation	162249
Plan under federal regulations, for any fund included in the	162250
Statewide Indirect Cost Allocation Plan, for which the federal	162251
government requires payment. If the Director of Budget and	162252
Management determines that an appropriation made to a state agency	162253
from a fund of the state is insufficient to pay the amount	162254
required by the federal government, the amount required for such	162255
purpose is hereby appropriated from the available receipts of such	162256
fund, up to the amount of the certification.	162257

Section 521.35. CASH TRANSFERS TO TOBACCO OVERSIGHT	162258
ADMINISTRATION AND ENFORCEMENT FUND	162259

On July 1, 2013, or as soon as possible thereafter, the	162260
Director of Budget and Management shall transfer the cash balance	162261
in the Tobacco Settlement Enforcement Fund (Fund T087) and the	162262
Education Technology Trust Fund (Fund S087) to the Tobacco	162263
Oversight Administration and Enforcement Fund (Fund U087). Upon	162264
completion of the transfer, Fund T087 and Fund S087 are abolished.	162265
The Director shall cancel any existing encumbrances against	162266
appropriation items 110402, Tobacco Settlement Enforcement, and	162267
935602, Education Technology Trust.	162268

On July 1, 2014, or as soon as possible thereafter, the	162269
Director of Budget and Management shall transfer the cash balance	162270
in the Law Enforcement Improvement Trust Fund (Fund J087) to the	162271
Tobacco Oversight Administration and Enforcement Fund (Fund U087).	162272
Upon completion of the transfer, Fund J087 is abolished. The	162273
Director shall cancel any existing encumbrances against	162274
appropriation item 055635, Law Enforcement Technology, Training,	162275
and Facility Enhancements.	162276

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

162277

Notwithstanding any provision of law to the contrary, on or	162278
before the first day of September of each fiscal year, the	162279
Director of Budget and Management, in order to reduce the payment	162280
of adjustments to the federal government, as determined by the	162281
plan prepared under division (A) of section 126.12 of the Revised	162282
Code, may designate such funds as the Director considers necessary	162283
to retain their own interest earnings.	162284

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

162285

Pursuant to the plan for compliance with the Federal Cash	162286
Management Improvement Act required by section 131.36 of the	162287
Revised Code, the Director of Budget and Management may cancel and	162288
re-establish all or part of encumbrances in like amounts within	162289
the funds identified by the plan. The amounts necessary to	162290
re-establish all or part of encumbrances are hereby appropriated.	162291

Section 521.60. FISCAL STABILIZATION AND RECOVERY

162292

To ensure the level of accountability and transparency	162293
required by federal law, the Director of Budget and Management may	162294
issue guidelines to any agency applying for federal money made	162295
available to this state for fiscal stabilization and recovery	162296
purposes, and may prescribe the process by which agencies are to	162297
comply with any reporting requirements established by the federal	162298
government.	162299

Section 605.03. That Section 1 of Sub. H.B. 34 of the 130th	162300
General Assembly be amended to read as follows:	162301

Sec. 1. All items in this section are hereby appropriated out	162302
of any moneys in the state treasury to the credit of the	162303
designated fund. For all appropriations made in this act, those in	162304
the first column are for fiscal year 2014, and those in the second	162305
column are for fiscal year 2015.	162306

FND

AI TITLE

Appropriations

162307

BWC BUREAU OF WORKERS' COMPENSATION	162308

Workers' Compensation Fund Group	162309

7023	855401	William Green Lease Payments to OBA	$	16,026,100	$	0	162310
7023	855407	Claims, Risk and Medical Management	$	118,338,586	$	118,338,586	162311
7023	855408	Fraud Prevention	$	12,114,226	$	12,114,226	162312
7023	855409	Administrative Services	$	105,857,276	$	105,357,276	162313
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	162314
8220	855606	Coal Workers' Fund	$	147,666	$	147,666	162315
8230	855608	Marine Industry	$	75,527	$	75,527	162316
8250	855605	Disabled Workers Relief Fund	$	319,718	$	319,718	162317
8260	855609	Safety and Hygiene Operating	$	~~19,161,132~~ 21,661,132	$	~~19,161,132~~ 21,661,132	162318
8260	855610	~~Gear Program~~ Safety Grants	$	~~5,000,000~~ 15,000,000	$	~~5,000,000~~ 15,000,000	162319
8290	855604	Long Term Care Loan Program	$	100,000	$	100,000	162320
TOTAL WCF Workers' Compensation							162321
Fund Group			$	~~281,762,081~~ 294,262,081	$	~~265,235,981~~ 277,735,981	162322

Federal Special Revenue Fund Group	162323

3490	855601	OSHA Enforcement	$	1,731,000	$	1,731,000	162324
3FW0	855614	BLS SOII Grant	$	116,919	$	116,919	162325
TOTAL FED Federal Special Revenue Fund Group			$	1,847,919	$	1,847,919	162326
TOTAL ALL BUDGET FUND GROUPS			$	~~283,610,000~~ 296,110,000	$	~~267,083,900~~ 279,583,900	162327

WILLIAM GREEN LEASE PAYMENTS

162328

Of the foregoing appropriation item 855401, William Green	162329
Lease Payments, up to $16,026,100 shall be used to make lease	162330
payments to the Treasurer of State at the times they are required	162331
to be made during the period from July 1, 2013 to June 30, 2015,	162332
pursuant to leases and agreements made under section 154.24 of the	162333
Revised Code. If it is determined that additional appropriations	162334
are necessary for such purpose, such amounts are hereby	162335
appropriated.	162336

WORKERS' COMPENSATION FRAUD UNIT

162337

Of the foregoing appropriation item 855410, Attorney General	162338
Payments, $828,200 in each fiscal year shall be used to fund the	162339
expenses of the Workers' Compensation Fraud Unit within the	162340
Attorney General's Office. These payments shall be processed at	162341
the beginning of each quarter of each fiscal year and deposited	162342
into the Workers' Compensation Section Fund (Fund 1950) used by	162343
the Attorney General.	162344

SAFETY AND HYGIENE

162345

Notwithstanding section 4121.37 of the Revised Code, the	162346
Treasurer of State shall transfer ~~$19,161,132~~$21,661,132 cash in	162347
fiscal year 2014 and ~~$19,161,132~~$21,661,132 cash in fiscal year	162348
2015 from the State Insurance Fund to the Safety and Hygiene Fund	162349
(Fund 8260).	162350

OSHA ON-SITE CONSULTATION PROGRAM

162351

The Bureau of Workers' Compensation may designate a portion	162352
of appropriation item 855609, Safety and Hygiene Operating, to be	162353
used to match federal funding for the federal Occupational Safety	162354
and Health Administration's (OSHA) on-site consultation program.	162355

VOCATIONAL REHABILITATION

162356

The Bureau of Workers' Compensation and the ~~Rehabilitation~~	162357
~~Services Commission~~Opportunities for Ohioans with Disabilities	162358
Agency shall enter into an interagency agreement for the provision	162359
of vocational rehabilitation services and staff to mutually	162360
eligible clients. The bureau may provide not more than $605,407 in	162361
fiscal year 2014 and not more than $605,407 in fiscal year 2015	162362
from the State Insurance Fund to fund vocational rehabilitation	162363
services and staff in accordance with the interagency agreement.	162364

FUND BALANCE

162365

Any unencumbered cash balance in excess of $45,000,000 in the	162366
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	162367
June of each fiscal year shall be used to reduce the	162368
administrative cost rate charged to employers to cover	162369
appropriations for Bureau of Workers' Compensation operations.	162370

Section 605.04. That existing Section 1 of Sub. H.B. 34 of	162371
the 130th General Assembly is hereby repealed.	162372

Section 605.10. That Sections 205.10, 506.10, and 755.30 of	162373
Am. Sub. H.B. 51 of the 130th General Assembly be amended to read	162374
as follows:	162375

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

162376

State Highway Safety Fund Group	162377

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	162378
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	162379
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	162380
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	162381
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	162382
7036	764321	Operating Expense - Highway Patrol	$	~~268,232,602~~ 268,743,502	$	270,232,602	162383
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	162384
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	162385
8310	761610	Information and Education - Federal	$	300,000	$	300,000	162386
8310	764608	FARS Grant Federal	$	175,000	$	175,000	162387
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	162388
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	162389
8310	765610	EMS - Federal	$	225,000	$	225,000	162390
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	162391
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	162392
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	162393
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	162394
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	162395
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	162396
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	162397
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	162398
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	162399
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	162400
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	162401
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	162402
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	162403
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	162404
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	162405
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	162406
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	162407
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	162408
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	162409
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	162410
TOTAL HSF State Highway Safety Fund Group			$	~~515,450,460~~ 515,961,360	$	517,434,364	162411

General Services Fund Group	162412

4P60	768601	Justice Program Services	$	900,000	$	875,000	162413
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	162414
~~5LM0~~	~~768698~~	~~Criminal Justice Services Law Enforcement Support~~	$	~~850,946~~	$	~~850,946~~	162415
TOTAL GSF General Services Fund Group			$	~~6,290,946~~ 5,150,000	$	~~6,265,946~~ 5,125,000	162416

Federal Special Revenue Fund Group	162417

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	162418
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	162419
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	162420
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	162421
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	162422
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	162423
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	162424
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	162425
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	162426
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	162427
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	162428
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	162429
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	162430
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	162431
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	162432

State Special Revenue Fund Group	162433

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	162434
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	162435
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	162436
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	162437
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	162438
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	162439
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	162440
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	162441
5FL0	769634	Investigations	$	899,300	$	899,300	162442
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	162443
~~5BP0~~	~~764609~~	~~DPS Wireless 911 Administration~~	$	~~290,000~~	$	~~290,000~~	162444
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	162445
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	162446
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	162447
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	162448
TOTAL SSR State Special Revenue Fund Group			$	~~15,049,767~~ 14,759,767	$	~~15,039,767~~ 14,749,767	162449

Agency Fund Group	162450

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		162451
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		162452

Holding Account Redistribution Fund Group	162453

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	162454
R052	762623	Security Deposits	$	350,000	$	350,000	162455
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	162456
TOTAL ALL BUDGET FUND GROUPS			$	~~673,558,888~~ 672,928,842	$	~~675,952,792~~ 674,811,846	162457

MOTOR VEHICLE REGISTRATION

162458

The Registrar of Motor Vehicles may deposit revenues to meet	162459
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	162460
4W40) established in section 4501.25 of the Revised Code, obtained	162461
under sections 4503.02 and 4504.02 of the Revised Code, less all	162462
other available cash. Revenue deposited pursuant to this paragraph	162463
shall support, in part, appropriations for operating expenses and	162464
defray the cost of manufacturing and distributing license plates	162465
and license plate stickers and enforcing the law relative to the	162466
operation and registration of motor vehicles. Notwithstanding	162467
section 4501.03 of the Revised Code, the revenues shall be paid	162468
into Fund 4W40 before any revenues obtained pursuant to sections	162469
4503.02 and 4504.02 of the Revised Code are paid into any other	162470
fund. The deposit of revenues to meet the aforementioned cash	162471
needs shall be in approximately equal amounts on a monthly basis	162472
or as otherwise determined by the Director of Budget and	162473
Management pursuant to a plan submitted by the Registrar of Motor	162474
Vehicles.	162475

OPERATING EXPENSE – BMV

162476

Of the foregoing appropriation item 762321, Operating Expense	162477
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	162478
costs associated with improvements to the program to accept	162479
applications for registration transactions of apportionable	162480
vehicles electronically over the internet.	162481

OPERATING EXPENSE - INFORMATION AND EDUCATION

162482

Of the foregoing appropriation item 761321, Operating Expense	162483
– Information and Education, up to $250,000 in each fiscal year	162484
may be used to fund state employees to staff travel information	162485
centers on the border of the state.	162486

The Department of Public Safety shall conduct a study for	162487
partnering with local travel and tourism centers, as well as a	162488
study for the creation of the Ohio Ambassadors Volunteer Program	162489
at rest stops.	162490

LEASE RENTAL PAYMENTS

162491

The foregoing appropriation item 761401, Lease Rental	162492
Payments, shall be used for payments to the Treasurer of State for	162493
the period July 1, 2013, through June 30, 2015, under the primary	162494
leases and agreements for public safety related buildings. The	162495
appropriations are the source of funds pledged for bond service	162496
charges on obligations pursuant to Chapters 152. and 154. of the	162497
Revised Code.	162498

OPERATING EXPENSE - HIGHWAY PATROL

162499

On July 1, 2013, or as soon as possible thereafter, the	162500
Director of Budget and Management shall transfer $510,900 cash	162501
from the GRF to the State Highway Safety Fund (Fund 7036). The	162502
transferred cash shall be used by the State Highway Patrol for the	162503
purchase of specialized equipment for examining commercial truck	162504
cargo.	162505

CASH TRANSFERS BETWEEN FUNDS

162506

Notwithstanding any provision of law to the contrary, the	162507
Director of Budget and Management, upon the written request of the	162508
Director of Public Safety, may transfer cash between the following	162509
six funds: the Trauma and Emergency Medical Services Fund (Fund	162510
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	162511
Fund (Fund 5FL0), the Emergency Management Agency Service and	162512
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	162513
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	162514
4W40).	162515

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	162516
PLATE CONTRIBUTION FUND	162517

On July 1, 2013, or as soon as possible thereafter, the	162518
Director of Budget and Management may transfer the cash balance in	162519
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	162520
Contribution Fund (Fund 5V10). Upon completion of the transfer,	162521
Fund 5JS0 is hereby abolished.	162522

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	162523
STATE HIGHWAY SAFETY FUND	162524

Not later than January 1, 2014, the Director of Budget and	162525
Management may transfer the cash balance in the Hilltop Utility	162526
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	162527
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	162528
abolished. The Director shall cancel any existing encumbrances	162529
against appropriation item 766661, Hilltop Utility Reimbursement,	162530
and reestablish them against appropriation item 761321, Operating	162531
Expense – Information and Education. The reestablished encumbrance	162532
amounts are hereby appropriated.	162533

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	162534
SAFETY FUND	162535

On July 1, 2013, or as soon as possible thereafter, the	162536
Director of Budget and Management shall transfer the cash balance	162537
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	162538
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	162539
Fund 8380 is abolished.	162540

STATE DISASTER RELIEF

162541

The State Disaster Relief Fund (Fund 5330) may accept	162542
transfers of cash and appropriations from Controlling Board	162543
appropriation items for Ohio Emergency Management Agency disaster	162544
response costs and disaster program management costs, and may also	162545
be used for the following purposes:	162546

(A) To accept transfers of cash and appropriations from	162547
Controlling Board appropriation items for Ohio Emergency	162548
Management Agency public assistance and mitigation program match	162549
costs to reimburse eligible local governments and private	162550
nonprofit organizations for costs related to disasters;	162551

(B) To accept and transfer cash to reimburse the costs	162552
associated with Emergency Management Assistance Compact (EMAC)	162553
deployments;	162554

(C) To accept disaster related reimbursement from federal,	162555
state, and local governments. The Director of Budget and	162556
Management may transfer cash from reimbursements received by this	162557
fund to other funds of the state from which transfers were	162558
originally approved by the Controlling Board.	162559

(D) To accept transfers of cash and appropriations from	162560
Controlling Board appropriation items to fund the State Disaster	162561
Relief Program, for disasters that qualify for the program by	162562
written authorization of the Governor, and the State Individual	162563
Assistance Program for disasters that have been declared by the	162564
federal Small Business Administration and that qualify for the	162565
program by written authorization of the Governor. The Ohio	162566
Emergency Management Agency shall publish and make available	162567
application packets outlining procedures for the State Disaster	162568
Relief Program and the State Individual Assistance Program.	162569

JUSTICE ASSISTANCE GRANT FUND

162570

The federal payments made to the state for the Byrne Justice	162571
Assistance Grants Program under Title II of Division A of the	162572
American Recovery and Reinvestment Act of 2009 shall be deposited	162573
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	162574
which is hereby created in the state treasury. All investment	162575
earnings of the fund shall be credited to the fund.	162576

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	162577
AGENCY SERVICE AND REIMBURSEMENT FUND	162578

On July 1 of each fiscal year, or as soon as possible	162579
thereafter, the Director of Budget and Management shall transfer	162580
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	162581
Emergency Management Agency Service and Reimbursement Fund (Fund	162582
4V30) to be distributed to the Ohio Task Force One – Urban Search	162583
and Rescue Unit, other similar urban search and rescue units	162584
around the state, and for the maintenance of the statewide fire	162585
emergency response plan by an entity recognized by the Ohio	162586
Emergency Management Agency.	162587

FAMILY VIOLENCE PREVENTION FUND

162588

Notwithstanding any provision of law to the contrary, in each	162589
of fiscal years 2014 and 2015, the first $750,000 received to the	162590
credit of the Family Violence Prevention Fund (Fund 5BK0) is	162591
appropriated to appropriation item 768689, Family Violence Shelter	162592
Programs, and the next $400,000 received to the credit of Fund	162593
5BK0 in each of those fiscal years is appropriated to	162594
appropriation item 768687, Criminal Justice Services - Operating.	162595
Any moneys received to the credit of Fund 5BK0 in excess of the	162596
aforementioned appropriated amounts in each fiscal year shall,	162597
upon the approval of the Controlling Board, be used to provide	162598
grants to family violence shelters in Ohio.	162599

SARA TITLE III HAZMAT PLANNING

162600

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	162601
entitled to receive grant funds from the Emergency Response	162602
Commission to implement the Emergency Management Agency's	162603
responsibilities under Chapter 3750. of the Revised Code.	162604

COLLECTIVE BARGAINING INCREASES

162605

Notwithstanding division (D) of section 127.14 and division	162606
(B) of section 131.35 of the Revised Code, except for the General	162607
Revenue Fund, the Controlling Board may, upon the request of	162608
either the Director of Budget and Management, or the Department of	162609
Public Safety with the approval of the Director of Budget and	162610
Management, authorize expenditures in excess of appropriations and	162611
transfer appropriations, as necessary, for any fund used by the	162612
Department of Public Safety, to assist in paying the costs of	162613
increases in employee compensation that have occurred pursuant to	162614
collective bargaining agreements under Chapter 4117. of the	162615
Revised Code and, for exempt employees, under section 124.152 of	162616
the Revised Code. Any money approved for expenditure under this	162617
paragraph is hereby appropriated.	162618

CASH BALANCE FUND REVIEW

162619

Not later than the first day of April in each fiscal year of	162620
the biennium, the Director of Budget and Management shall review	162621
the cash balances for each fund, except the State Highway Safety	162622
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	162623
4W40), in the State Highway Safety Fund Group, and shall recommend	162624
to the Controlling Board an amount to be transferred to the credit	162625
of Fund 7036 or Fund 4W40, as appropriate.	162626

AUTO REGISTRATION DISTRIBUTION FUND

162627

Notwithstanding the amendment by this act to section 4501.03	162628
of the Revised Code and the enactment by this act of section	162629
4501.031 of the Revised Code, any license tax assessed under	162630
Chapters 4503. or 4504. of the Revised Code, and derived from	162631
registrations processed on business days prior to July 1, 2013,	162632
shall be deposited to the state treasury to the credit of the Auto	162633
Registration Distribution Fund (Fund 7051) created by section	162634
4501.03 of the Revised Code, even if such deposit does not occur	162635
until on or after July 1, 2013. All license tax assessed on	162636
registrations under Chapters 4503. or 4504. of the Revised Code	162637
prior to July 1, 2013, shall be deposited, and distributed, in	162638
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	162639
4501.043 of the Revised Code as they existed prior to the	162640
amendments to those sections by this act.	162641

Sec. 506.10. Notwithstanding division (A)(3) of section	162642
4501.044 and division (A)(1) of section 4501.045 of the Revised	162643
Code, commencing July 1, 2013, and extending through June 30,	162644
2014, the Director of Public Safety shall deposit the money	162645
otherwise deposited and distributed in accordance with those	162646
divisions into the State Highway Safety Fund (Fund 7036) created	162647
by section 4501.06 of the Revised Code until such time as the	162648
deposits equal a cumulative total of ~~$35,000,000~~$29,000,000. At	162649
that point, the Director shall cease depositing any such money	162650
into Fund 7036 and shall deposit and distribute that money as	162651
prescribed in division (A)(3) of section 4501.044 and division	162652
(A)(1) of section 4501.045 of the Revised Code.	162653

Notwithstanding division (A)(3) of section 4501.044 and	162654
division (A)(1) of section 4501.045 of the Revised Code,	162655
commencing July 1, 2014, and extending through June 30, 2015, the	162656
Director of Public Safety shall deposit the money otherwise	162657
deposited and distributed in accordance with those divisions into	162658
the State Highway Safety Fund (Fund 7036) created by section	162659
4501.06 of the Revised Code until such time as the deposits equal	162660
a cumulative total of $35,000,000. At that point, the Director	162661
shall cease depositing any such money into Fund 7036 and shall	162662
deposit and distribute that money as prescribed in division (A)(3)	162663
of section 4501.044 and division (A)(1) of section 4501.045 of the	162664
Revised Code.	162665

Sec. 755.30. ~~On July 1~~Beginning on July 31, 2013, and on	162666
the ~~first~~last day of the month for each month thereafter, ~~the~~	162667
~~Treasurer of State,~~ before making any of the distributions	162668
specified in sections 5735.23, 5735.26, 5735.291, and 5735.30 of	162669
the Revised Code but after any transfers to the tax refund fund as	162670
required by those sections and section 5703.052 of the Revised	162671
Code, the Treasurer of State shall deposit the first two per cent	162672
of the amount of motor fuel tax received for the preceding	162673
calendar month to the credit of the Highway Operating Fund (Fund	162674
7002).	162675

Section 605.11. That existing Sections 205.10, 506.10, and	162676
755.30 of Am. Sub. H.B. 51 of the 130th General Assembly are	162677
hereby repealed.	162678

Section 605.20. That Section 753.30 of Am. Sub. H.B. 153 of	162679
the 129th General Assembly be amended to read as follows:	162680

Sec. 753.30. (A) The Governor is authorized to execute a deed	162681
in the name of the state conveying to a buyer or buyers to be	162682
determined in the manner provided in division (B) of this section	162683
all of the state's right, title, and interest in the real property	162684
of any facility under the management and control of the Department	162685
of Youth Services following the closure of that facility that the	162686
Director of Administrative Services determines is no longer	162687
required for state purposes. This section applies only to	162688
facilities that are closed before January 1, 2012.	162689

(B)(1) The Director of Administrative Services shall offer	162690
the real estate, improvements and chattels of a facility sold	162691
pursuant to division (A) of this section for sale "as is" in its	162692
present condition according to the following process:	162693

The real estate of the facility shall be sold as an entire	162694
parcel and not subdivided.	162695

The Director of Administrative Services shall conduct a	162696
sealed bid sale and the real property of the facility shall be	162697
sold to the highest bidder at a price acceptable to both the	162698
Director of Administrative Services and the Director of Youth	162699
Services.	162700

(2) The contract for sale of a facility pursuant to this	162701
section shall include a condition that requires the purchaser to	162702
provide preferential hiring treatment to employees or former	162703
employees of the Department of Youth Services in order to retain	162704
or rehire staff displaced as a result of the closure of the	162705
facility located on the property, to the extent the purchaser's	162706
use of the facility requires employees in the same or similar	162707
positions as those displaced as a result of the closure.	162708

The contract for sale also shall include a binding commitment	162709
that irrevocably grants to the state a right, upon the occurrence	162710
of any triggering event described in division (B)(2)(a) or (b) of	162711
this section and in accordance with the particular division, to	162712
repurchase the facility and the real property on which it is	162713
situated, any surrounding land that is to be transferred under the	162714
contract, or both the facility and real property on which it is	162715
situated plus the surrounding land that is to be transferred under	162716
the contract. The triggering events and the procedures for a	162717
repurchase under the irrevocable grant described in this division	162718
are as follows:	162719

(a) Before the purchaser, or the purchaser's successor in	162720
title, may resell or otherwise transfer the facility and the real	162721
property on which it is situated, any surrounding land that is to	162722
be transferred under the contract, or both the facility and real	162723
property on which it is situated plus the surrounding land that is	162724
to be transferred under the contract, the purchaser or successor	162725
first must offer the state the opportunity to repurchase the	162726
facility, real property, and surrounding land that is to be resold	162727
or transferred for a price not greater than the purchase price	162728
paid to the state for that facility, real property, or surrounding	162729
land, less depreciation from the time of the conveyance of that	162730
facility, real property, or surrounding land to the purchaser,	162731
plus the depreciated value of any capital improvements to that	162732
facility, real property, or surrounding land that were made to it	162733
and funded by anyone other than the state subsequent to the	162734
conveyance to the purchaser. The repurchase opportunity described	162735
in this division must be offered to the state at least one hundred	162736
twenty days before the purchaser intends to resell or otherwise	162737
transfer the facility, real property, or surrounding land that is	162738
to be resold or transferred. After being offered the repurchase	162739
opportunity, the state has the right to repurchase the facility,	162740
real property, and surrounding land that is to be resold or	162741
otherwise transferred for the price described in this division.	162742

(b) Upon the purchaser's default of any financial agreement	162743
for the purchase of the facility and the real property on which it	162744
is situated, any surrounding land that is to be transferred under	162745
the contract, or both the facility and real property on which it	162746
is situated plus the surrounding land that is to be transferred	162747
under the contract, upon the purchaser's default of any other term	162748
in the contract, or upon the purchaser's financial insolvency or	162749
inability to meet its contractual obligations, the state has the	162750
right to repurchase the facility and real property, the	162751
surrounding land, or both the facility and real property and the	162752
surrounding land, for a price not greater than the purchase price	162753
paid to the state for that facility, real property, or surrounding	162754
land, less depreciation from the time of the conveyance of that	162755
facility, real property, or surrounding land to the purchaser,	162756
plus the depreciated value of any capital improvements to that	162757
facility, real property, or surrounding land that were made to it	162758
and funded by anyone other than the state subsequent to the	162759
conveyance to the purchaser.	162760

(3) The Director of Administrative Services shall advertise	162761
the sealed bid sale in a newspaper of general circulation within	162762
Scioto County once a week for three consecutive weeks prior to the	162763
date of the sealed bid sale. The Director of Administrative	162764
Services may reject any and all bids from the sealed bid sale. The	162765
terms of sale shall be ten per cent of the purchase price in cash,	162766
bank draft, or certified check payable within five business days	162767
following written notification of the acceptance of the bid by the	162768
Director of Administrative Services, with the balance payable	162769
within sixty days after the date of the written notification of	162770
the acceptance of the bid by the Director of Administrative	162771
Services. A purchaser who does not complete the conditions of the	162772
sale as prescribed in this division shall forfeit the ten per cent	162773
of the purchase price paid to the state as liquidated damages.	162774
Should a purchaser not complete the conditions of sale as	162775
described in this division, the Director of Administrative	162776
Services is authorized to accept the next highest bid by	162777
collecting ten per cent of the revised purchase price from that	162778
bidder and to proceed to close the sale, provided that the	162779
secondary bid meets all other criteria provided for in this	162780
section. If the Director of Administrative Services rejects all	162781
bids from the sealed bid sale, the Director may repeat the sealed	162782
bid process described in this section or may use an alternate sale	162783
process acceptable to the Director of Youth Services.	162784

Advertising costs and any other costs incident to the sale of	162785
a facility pursuant to this section shall be paid by the	162786
Department of Youth Services.	162787

Upon notice from the Director of Administrative Services, the	162788
Auditor of State, with the assistance of the Attorney General,	162789
shall prepare a deed to the facility to the purchaser identified	162790
by the Director of Administrative Services. The deed shall be	162791
executed by the Governor, countersigned by the Secretary of State,	162792
presented in the Office of the Auditor of State for recording, and	162793
delivered to the grantee at closing and upon the grantee's payment	162794
of the balance of the purchase price. The grantee shall present	162795
the deed for recording in the office of the recorder of the county	162796
in which the facility is located.	162797

The grantee shall pay all costs associated with the purchase	162798
and conveyance of the facility, including the costs of recording	162799
the deed.	162800

The net proceeds of the conveyance of the facility shall be	162801
deposited into the State Treasury to the credit of the Adult and	162802
Juvenile Correctional Facilities Bond Retirement Fund and shall be	162803
used to offset bond indebtedness on state bonds issued for the	162804
facility that has been sold. The Director of Budget and Management	162805
may direct that any moneys remaining in the fund after the	162806
redemption or defeasance of the bonds issued for that facility be	162807
transferred to the General Revenue Fund.	162808

(C) This section expires two years after its effective date	162809
or on November 1, 2015, whichever is later.	162810

Section 605.21. That existing Section 753.30 of Am. Sub. H.B.	162811
153 of the 129th General Assembly is hereby repealed.	162812

Section 605.23. That Section 4 of Am. Sub. H.B. 279 of the	162813
129th General Assembly be amended to read as follows:	162814

Sec. 4. Notwithstanding any provision of the Revised Code to	162815
the contrary, individuals that provide services to a child under	162816
the autism scholarship program shall not be required to comply	162817
with the requirements of section 3310.43 of the Revised Code as	162818
enacted by this act until ~~twelve months after the effective date~~	162819
~~of this section~~December 20, 2014.	162820

Section 605.24. That existing Section 4 of Am. Sub. H.B. 279	162821
of the 129th General Assembly is hereby repealed.	162822

Section 605.30. That Section 11 of Sub. H.B. 303 of the 129th	162823
General Assembly be amended to read as follows:	162824

Sec. 11. (A) As used in this section, "intermediate care	162825
facility for individuals with intellectual disabilities" and	162826
"ICF/IID" mean an intermediate care facility for the mentally	162827
retarded as defined in the "Social Security Act," section 1905(d),	162828
42 U.S.C. 1396d(d).	162829

(B) The Department of Developmental Disabilities may conduct	162830
or contract with another entity to conduct, for the first quarter	162831
of calendar year 2013, assessments of all residents of each	162832
ICF/IID, regardless of payment source, who are in the ICF/IID, or	162833
on hospital or therapeutic leave from the ICF/IID, on the day or	162834
days that the assessments are conducted at the ICF/IID.	162835

(C) If assessments are conducted under division (B) of this	162836
section, the Department shall do all of the following:	162837

(1) In conducting the assessments, provide for both of the	162838
following:	162839

(a) The resident assessment instrument prescribed in rules	162840
authorized by ~~division (B) of~~ section ~~5111.232~~5124.191 of the	162841
Revised Code to be used in accordance with an inter-rater reliable	162842
process;	162843

(b) The assessments to be performed by individuals who meet	162844
the requirements to be qualified intellectual disability	162845
professionals, as specified in 42 C.F.R. 483.430(a).	162846

(2) Use the data obtained from the assessments to determine	162847
each ICF/IID's case-mix score for the first quarter of calendar	162848
year 2013;	162849

(3) ~~For the purpose of determining each ICF/IID's fiscal year~~	162850
~~2014 Medicaid rates for direct care costs and subject~~Subject to	162851
divisions (C)~~(8)~~(7), (D), and ~~(E)~~(F) of this section, ~~do both of~~	162852
~~the following~~determine the fiscal year 2014 Medicaid payment rate	162853
for the direct care costs of each ICF/IID as follows:	162854

(a) Determine the average of the following:

162855

(i) The ICF/IID's case-mix score determined or assigned under	162856
section 5124.192 of the Revised Code for the last quarter of	162857
calendar year 2012;	162858

(ii) The ICF/IID's case-mix score determined under section	162859
5124.192 of the Revised Code for the first quarter of calendar	162860
year 2013;	162861

(iii) The ICF/IID's case-mix score determined under division	162862
(C)(2) of this section for the first quarter of calendar year	162863
2013.	162864

(b) In determining costs per case-mix units and maximum costs	162865
per case-mix units for the purpose of ~~division~~divisions (B) and	162866
(C) of section ~~5111.23~~5124.19 of the Revised Code, use ~~each~~	162867
~~ICF/IID's case-mix score~~the average determined under division	162868
(C)~~(2)~~(3)(a) of this section in place of the ICF/IID's average	162869
case-mix score for calendar year 2012;	162870

~~(b) Instead of determining quarterly Medicaid rates for the~~	162871
~~direct care costs of each ICF/IID pursuant to division (D) of~~	162872
~~section 5111.23 of the Revised Code, determine, as follows, one~~	162873
~~Medicaid rate for the direct care costs of each ICF/IID to be paid~~	162874
~~for all of fiscal year 2014:~~	162875

~~(i)~~(c) Multiply the ~~ICF/IID's case-mix score~~average	162876
determined under division (C)~~(2)~~(3)(a) of this section by the	162877
lesser of the cost per case-mix unit determined for the ICF/IID	162878
pursuant to division (C)(3)~~(a)~~(b) of this section or the maximum	162879
cost per case-mix unit determined for the ICF/IID's peer group	162880
pursuant to division (C)(3)~~(a)~~(b) of this section;	162881

~~(ii)~~(d) Adjust the product determined under division	162882
(C)(3)~~(b)(i)~~(c) of this section by the inflation rate estimated in	162883
accordance with division ~~(B)(3)~~(D) of section ~~5111.23~~5124.19 of	162884
the Revised Code.	162885

(4) For the purpose of determining each ICF/IID's fiscal year	162886
2015 Medicaid rates for direct care costs and subject to division	162887
(C)~~(8)~~(7) of this section, use the ~~following when determining,~~	162888
~~pursuant to the second paragraph of division (C) of section~~	162889
~~5111.232 of the Revised Code, each~~ ICF/IID's ~~annual average~~	162890
case-mix score determined under division (C)(2) of this section	162891
for the first quarter of calendar year 2013:	162892

~~(a) For the first quarter of calendar year 2013, the~~	162893
~~ICF/IID's case-mix score determined under division (C)(2) of this~~	162894
~~section;~~	162895

~~(b) For the last three quarters of calendar year 2013 and~~	162896
~~except as provided in division (D) of section 5111.232 of the~~	162897
~~Revised Code, the ICF/IID's case-mix scores determined by using~~	162898
~~the data the ICF/IID provider compiles in accordance with the~~	162899
~~first paragraph of division (C) of section 5111.232 of the Revised~~	162900
~~Code.~~if the ICF/IID provider does not submit resident assessment	162901
data for that quarter pursuant to section 5124.191 of the Revised	162902
Code;	162903

(5) ~~Notify each ICF/IID provider that the provider is~~	162904
~~permitted but not required to compile assessment data for the~~	162905
~~first quarter of calendar year 2013 pursuant to the first~~	162906
~~paragraph of division (C) of section 5111.232 of the Revised Code;~~	162907

~~(6)~~ After the assessments of all of an ICF/IID's residents	162908
are completed but not later than April 30, 2013, provide, or have	162909
the entity (if any) with which the Department contracts pursuant	162910
to division (B) of this section provide, the results of the	162911
assessments to the ICF/IID provider;	162912

~~(7)~~(6) Conduct, in accordance with division (C)~~(8)~~(7) of this	162913
section, a reconsideration for any ICF/IID provider who does both	162914
of the following:	162915

(a) Submits a written request for the reconsideration to the	162916
Department not later than fifteen days after the provider receives	162917
the assessments' results pursuant to division (C)~~(6)~~(5) of this	162918
section;	162919

(b) Includes in the request all of the following:

162920

(i) A detailed explanation of the items in the assessments'	162921
results that the provider disputes;	162922

(ii) Copies of relevant supporting documentation from	162923
specific resident records;	162924

(iii) The provider's proposed resolution of the disputes.

162925

~~(8)~~(7) When conducting a reconsideration required by division	162926
(C)~~(7)~~(6) of this section, do both of the following:	162927

(a) Consider all of the following:

162928

(i) The historic results of the resident assessments	162929
performed pursuant to section 5124.191 of the Revised Code	162930
(formerly the first paragraph of division (C) of section ~~5111.232~~	162931
5124.19 of the Revised Code as that section existed on the day	162932
immediately before the effective date of the amendments to that	162933
section by Sub. H.B. 59 of the 130th general assembly) by the	162934
ICF/IID provider who requested the reconsideration;	162935

(ii) All of the materials the provider includes in the	162936
reconsideration request;	162937

(iii) All other matters the Department determines necessary	162938
for consideration.	162939

(b) Issue a written decision regarding the reconsideration	162940
not later than the sooner of the following:	162941

(i) Thirty days after the Department receives the	162942
reconsideration request;	162943

(ii) June 1, 2013.

162944

(D) If an ICF/IID provider does not submit resident	162945
assessment data to the department pursuant to section 5124.191 of	162946
the Revised Code for the first quarter of calendar year 2013, the	162947
Department shall use the case-mix scores specified in divisions	162948
(C)(3)(a)(i) and (iii) of this section when determining the	162949
average under division (C)(3)(a) of this section.	162950

(E) The Department's decision regarding a reconsideration	162951
required by division (C)~~(7)~~(6) of this section is final and not	162952
subject to further appeal.	162953

~~(E)~~(F) Regardless of what an ICF/IID's case-mix score is	162954
determined to be under division (C)(2) of this section or pursuant	162955
to a reconsideration required by division (C)~~(7)~~(6) of this	162956
section, no such case-mix score shall cause an ICF/IID's fiscal	162957
year 2014 Medicaid payment rate for direct care costs to be less	162958
than ninety per cent of its June 30, 2013, Medicaid rate for	162959
direct care costs.	162960

~~(F)~~(G) No ICF/IID provider shall be treated as having failed,	162961
for the first quarter of calendar year 2013, to timely submit data	162962
necessary to determine the ICF/IID's case-mix score for that	162963
quarter if the assessment is to be conducted under division (B) of	162964
this section.	162965

~~(G)~~(H) The Department may provide for assessments to be	162966
conducted under division (B) of this section and, if it so	162967
provides, shall comply with the other divisions of this section	162968
notwithstanding anything to the contrary in sections ~~5111.20~~	162969
5124.01, ~~5111.23~~5124.19, 5124.191, and ~~5111.232~~5124.192 of the	162970
Revised Code.	162971

Section 605.31. That existing Section 11 of Sub. H.B. 303 of	162972
the 129th General Assembly is hereby repealed.	162973

Section 605.40. That Section 4 of Am. Sub. H.B. 472 of the	162974
129th General Assembly be amended to read as follows:	162975

Sec. 4. That ~~sections 5507.40 and~~section 5507.53 of the	162976
Revised Code ~~are~~is hereby repealed.	162977

Section 605.41. That existing Section 4 of Am. Sub. H.B. 472	162978
of the 129th General Assembly is hereby repealed.	162979

Section 610.10. That Sections 201.80, 205.83, and 509.40 of	162980
Sub. H.B. 482 of the 129th General Assembly be amended to read as	162981
follows:	162982

Sec. 201.80. All items set forth in this section are hereby	162983
appropriated out of any moneys in the state treasury to the credit	162984
of the School Building Program Assistance Fund (Fund 7032), that	162985
are not otherwise appropriated.	162986

Appropriations

SFC SCHOOL FACILITIES COMMISSION	162987

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	162988
C23020	School Security Grant Program	$	12,000,000	162989
Total School Facilities Commission		$	425,000,000	162990
TOTAL School Building Program Assistance Fund		$	425,000,000	162991

SCHOOL BUILDING PROGRAM ASSISTANCE

162992

The foregoing appropriation item C23002, School Building	162993
Program Assistance, shall be used by the School Facilities	162994
Commission to provide funding to school districts that receive	162995
conditional approval from the Commission pursuant to Chapter 3318.	162996
of the Revised Code.	162997

SCHOOL SECURITY GRANT PROGRAM

162998

The foregoing appropriation item C23020, School Security	162999
Grant Program, shall be used by the School Facilities Commission	163000
to provide funding to all public schools for the purchase and	163001
installation of one Multi-Agency Radio Communications System unit	163002
per school building and one school entrance security system, per	163003
school building. The school entrance security system may include	163004
improvements to access control, intrusion detection, or video	163005
surveillance. A school may apply to the School Facilities	163006
Commission for reimbursement up to $2,000 for one Multi-Agency	163007
Radio Communications System Unit per school building and up to	163008
$5,000 for costs incurred with the purchase of a school entrance	163009
security system installed on or after January 1, 2013.	163010

Sec. 205.83. The Ohio Public Facilities Commission is hereby	163011
authorized to issue and sell, in accordance with Section 2o and 2q	163012
of Article VIII, Ohio Constitution, and pursuant to sections	163013
151.01 and 151.09 of the Revised Code, original obligations of the	163014
state in an aggregate principal amount not to exceed $~~6,000,000~~	163015
12,500,000 in addition to the original issuance of obligations	163016
heretofore authorized by prior acts of the General Assembly. These	163017
authorized obligations shall be issued and sold from time to time,	163018
subject to applicable constitutional and statutory limitations, as	163019
needed to ensure sufficient moneys to the credit of the Clean Ohio	163020
Trail Fund (Fund 7061) to pay costs of conservation projects.	163021

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	163022
PROJECTS	163023

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	163024
the Revised Code, the Executive Director of ~~Administrative~~	163025
~~Services~~the Ohio Facilities Construction Commission may authorize	163026
the Departments of Mental Health, Developmental Disabilities,	163027
Agriculture, Job and Family Services, Rehabilitation and	163028
Correction, Youth Services, Public Safety, Transportation, ~~and~~	163029
Veterans Services, and the Bureau of Workers' Compensation to	163030
administer any capital facilities projects, the estimated cost of	163031
which, including design fees, construction, equipment, and	163032
contingency amounts, is less than $1,500,000. Requests for	163033
authorization to administer capital facilities projects shall be	163034
made ~~in writing to the Director of Administrative Services~~through	163035
the OAKS-CI application by the applicable state agency ~~within~~	163036
~~sixty days after the effective date of the section of law in which~~	163037
~~the General Assembly initially makes an appropriation for the~~	163038
~~project~~. Upon the release of funds for the projects by the	163039
Controlling Board or the Director of Budget and Management, the	163040
agency may administer the capital project or projects for which	163041
agency administration has been authorized without the supervision,	163042
control, or approval of the Executive Director of ~~Administrative~~	163043
~~Services~~the Ohio Facilities Construction Commission.	163044

A state agency authorized by the Executive Director of	163045
~~Administrative Services~~the Ohio Facilities Construction	163046
Commission to administer capital facilities projects pursuant to	163047
this section shall comply with the applicable procedures and	163048
guidelines established in Chapter 153. of the Revised Code and	163049
shall track all project information in OAKS-CI pursuant to Ohio	163050
Facilities Construction Commission guidelines.	163051

Section 610.11. That existing Sections 201.80, 205.83, and	163052
509.40 of Sub. H.B. 482 of the 129th General Assembly are hereby	163053
repealed.	163054

Section 610.14. That Sections 301.11, 301.12, and 301.13 of	163055
Am. Sub. H.B. 487 of the 129th General Assembly be amended to read	163056
as follows:	163057

Sec. 301.11. The items set forth in this section are hereby	163058
appropriated out of any moneys in the state treasury to the credit	163059
of the Clean Ohio Conservation Fund (Fund 7056) that are not	163060
otherwise appropriated.	163061

Appropriations

PWC PUBLIC WORKS COMMISSION	163062

C15060	Clean Ohio Conservation	$	~~36,000,000~~ 75,000,000	163063
Total Public Works Commission		$	~~36,000,000~~ 75,000,000	163064
TOTAL Clean Ohio Conservation Fund		$	~~36,000,000~~ 75,000,000	163065

The foregoing appropriation item C15060, Clean Ohio	163066
Conservation, shall be used in accordance with sections 164.20 to	163067
164.27 of the Revised Code. If the Public Works Commission	163068
receives refunds due to project overpayments that are discovered	163069
during the post-project audit, the Director of the Public Works	163070
Commission may certify to the Director of Budget and Management	163071
that refunds have been received. If the Director of Budget and	163072
Management determines that the project refunds are available to	163073
support additional appropriations, such amounts are hereby	163074
appropriated.	163075

Sec. 301.12. The items set forth in this section are hereby	163076
appropriated out of any moneys in the state treasury to the credit	163077
of the Clean Ohio Agricultural Easement Fund (Fund 7057) that are	163078
not otherwise appropriated.	163079

Appropriations

AGR DEPARTMENT OF AGRICULTURE	163080

C70009	Clean Ohio Agricultural Easements	$	~~6,000,000~~ 12,500,000	163081
Total Department of Agriculture		$	~~6,000,000~~ 12,500,000	163082
TOTAL Clean Ohio Agricultural Easement Fund		$	~~6,000,000~~ 12,500,000	163083

Sec. 301.13. (A) The Ohio Public Facilities Commission is	163085
hereby authorized to issue and sell, in accordance with Section 2o	163086
and 2q of Article VIII, Ohio Constitution, and pursuant to	163087
sections 151.01 and 151.09 of the Revised Code, original	163088
obligations of the state in an aggregate principal amount not to	163089
exceed $~~36,000,000~~75,000,000 in addition to the original issuance	163090
of obligations heretofore authorized by prior acts of the General	163091
Assembly. These authorized obligations shall be issued and sold	163092
from time to time, subject to applicable constitutional and	163093
statutory limitations, as needed to ensure sufficient moneys to	163094
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	163095
costs of conservation projects.	163096

(B) The Ohio Public Facilities Commission is hereby	163097
authorized to issue and sell, in accordance with Section 2o and 2q	163098
of Article VIII, Ohio Constitution, and pursuant to sections	163099
151.01 and 151.09 of the Revised Code, original obligations of the	163100
state in an aggregate principal amount not to exceed $~~6,000,000~~	163101
12,500,000 in addition to the original issuance of obligations	163102
heretofore authorized by prior acts of the General Assembly. These	163103
authorized obligations shall be issued and sold from time to time,	163104
subject to applicable constitutional and statutory limitations, as	163105
needed to ensure sufficient moneys to the credit of the Clean Ohio	163106
Agricultural Easement Fund (Fund 7057) to pay costs of	163107
conservation projects.	163108

Section 610.15. That existing Sections 301.11, 301.12, and	163109
301.13 of Am. Sub. H.B. 487 of the 129th General Assembly are	163110
hereby repealed.	163111

Section 610.16. That Section 205.80 of Sub. H.B. 482 of the	163112
129th General Assembly, as amended by Am. Sub. H.B. 487 of the	163113
129th General Assembly, be amended to read as follows:	163114

Sec. 205.80. The items set forth in this section are hereby	163115
appropriated out of any moneys in the state treasury to the credit	163116
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	163117
appropriated.	163118

DNR DEPARTMENT OF NATURAL RESOURCES	163119

Appropriations

C72514	Clean Ohio Local Grants	$	~~6,000,000~~ 12,500,000	163120
Total Department of Natural Resources		$	~~6,000,000~~ 12,500,000	163121
TOTAL Clean Ohio Trail Fund		$	~~6,000,000~~ 12,500,000	163122

Section 610.17. That existing Section 205.80 of Sub. H.B. 482	163124
of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of	163125
the 129th General Assembly, is hereby repealed.	163126

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	163127
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	163128
General Assembly, be amended to read as follows:	163129

Sec. 4. The following agencies are retained under division	163130
(D) of section 101.83 of the Revised Code and expire on December	163131
31, 2016:	163132

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	163133
Academic Distress Commission	3302.10	163134
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	163135
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	163136
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	163137
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	163138
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	163139
Advisory Committee on Livestock Exhibitions	901.71	163140
Agricultural Commodity Marketing Programs Operating Committees	924.07	163141
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	163142
Alternative Energy Advisory Committee	4928.64(D)	163143
AMBER Alert Advisory Committee	5502.521	163144
Apprenticeship Council	Chapter 4139.	163145
Armory Board of Control	5911.09, 5911.12	163146
Automated Title Processing Board	4505.09(C)(1)	163147
Backflow Advisory Board	3703.21	163148
Banking Commission	1123.01	163149
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	163150
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	163151
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	163152
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	163153
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	163154
Board of Governors of the Medical Liability Underwriting Association	3929.64	163155
Board of Voting Machines Examiners	3506.05	163156
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	163157
Brain Injury Advisory Committee	3304.231	163158
Bureau of Workers' Compensation Board of Directors	4121.12	163159
Capitol Square Review and Advisory Board	105.41	163160
Child Care Advisory Council	5104.08	163161
Child Support Guideline Advisory Council	3119.024	163162
Children's Trust Fund Board	3109.15 - 3109.17	163163
Citizen's Advisory Council	5123.092, 5123.093	163164
Clean Ohio Trail Advisory Board	1519.06	163165
Coastal Resources Advisory Council	1506.12	163166
Commission on African-American Males	4112.12, 4112.13	163167
Commission on Hispanic-Latino Affairs	121.31	163168
Commission on Minority Health	3701.78	163169
Committee on Prescriptive Governance	4723.49 - 4723.492	163170
Commodity Advisory Commission	926.32	163171
Consumer Advisory Committee to the Opportunities for Ohioans with Disabilities Commission	3304.16 (3304.14), Section 803.40	163172
Continuing Education Committee	109.80(B)	163173
Council on Alcohol and Drug Addiction Services	3793.09	163174
Council on Unreclaimed Strip Mined Lands	1513.29	163175
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	163176
Credential Review Board	3319.65	163177
Credit Union Council	1733.329	163178
Criminal Sentencing Advisory Committee	181.22	163179
Data Collection and Analysis Group	3727.32	163180
Dentist Loan Repayment Advisory Board	3702.92	163181
Department Advisory Council(s)	107.18, 121.13	163182
Development Financing Advisory Council	122.40, 122.41	163183
Early Childhood Advisory Council	3301.90	163184
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	163185
Education Management Information System Advisory Board	3301.0713	163186
Educator Standards Board	3319.60	163187
Electrical Safety Inspector Advisory Committee	3783.08	163188
Emergency Response Commission	3750.02	163189
Engineering Experiment Station Advisory Committee	3335.27	163190
Environmental Education Council	3745.21	163191
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	163192
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	163193
Ex-Offender Reentry Coalition	5120.07	163194
Farmland Preservation Advisory Board	901.23	163195
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	163196
Financial Planning and Supervision Commission for a school district	3316.05	163197
Forestry Advisory Council	1503.40	163198
Governance Authority for a State University or College	3345.75	163199
Governor's Council on People with Disabilities	3303.41	163200
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	163201
Governor's Residence Advisory Commission	107.40	163202
Grain Marketing Program Operating Committee	924.20 - 924.30	163203
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	163204
Gubernatorial Transition Committee	107.29, 126.26	163205
Help Me Grow Advisory Council	3701.611	163206
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	163207
Homeland Security Advisory Council	5502.011(E)	163208
Hospital Measures Advisory Council	3727.31	163209
Housing Trust Fund Advisory Committee	174.06	163210
Industrial Commission Nominating Council	4121.04	163211
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	163212
Infant Hearing Screening Subcommittee	3701.507	163213
Infection Control Group	3727.312(D)	163214
Insurance Agent Education Advisory Council	3905.483	163215
Interstate Rail Passenger Advisory Council	4981.35	163216
Joint Select Committee on Volume Cap	133.021	163217
Labor-Management Government Advisory Council	4121.70	163218
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	163219
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	163220
Maternity and Newborn Advisory Council	3711.20, 3711.21	163221
Medically Handicapped Children's Medical Advisory Council	3701.025	163222
Midwest Interstate Passenger Rail Compact Commission	4981.361	163223
Milk Sanitation Board	917.03 - 917.032	163224
Mine Subsidence Insurance Governing Board	3929.51	163225
Minority Development Financing Advisory Board	122.72, 122.73	163226
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	163227
National Museum of Afro-American History and Culture Planning Committee	149.303	163228
New African Immigrants Commission	4112.31, 4112.32	163229
Ohio Accountability Task Force	3302.021(E)	163230
Ohio Advisory Council for the Aging	173.03	163231
Ohio Agriculture License Plate Scholarship Fund Board	901.90	163232
Ohio Arts Council	Chapter 3379.	163233
Ohio Business Gateway Steering Committee	5703.57	163234
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	163235
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	163236
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	163237
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	163238
Ohio Commission on Fatherhood	5101.34	163239
Ohio Community Service Council	121.40 - 121.404	163240
Ohio Council for Interstate Adult Offender Supervision	5149.22	163241
Ohio Cultural Facilities Commission	Chapter 3383.	163242
Ohio Cystic Fibrosis Legislative Task Force	101.38	163243
Ohio Developmental Disabilities Council	5123.35	163244
Ohio Expositions Commission	991.02	163245
Ohio Family and Children First Cabinet Council	121.37	163246
Ohio Geographically Referenced Information Program Council	125.901, 125.902	163247
Ohio Geology Advisory Council	1501.11	163248
Ohio Grape Industries Committee	924.51 - 924.55	163249
Ohio Historic Site Preservation Advisory Board	149.301	163250
Ohio Historical Society Board of Trustees	149.30	163251
Ohio Judicial Conference	105.91 - 105.97	163252
Ohio Lake Erie Commission	1506.21	163253
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	163254
Ohio Medical Quality Foundation	3701.89	163255
Ohio Parks and Recreation Council	1541.40	163256
Ohio Peace Officer Training Commission	109.71, 109.72	163257
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	163258
Ohio Public Defender Commission	120.01 - 120.03	163259
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	163260
Ohio Quarter Horse Development Commission	3769.086	163261
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	163262
Ohio Soil and Water Conservation Commission	1515.02	163263
Ohio Standardbred Development Commission	3769.085	163264
Ohio Subrogation Rights Commission	2323.44	163265
Ohio Thoroughbred Racing Advisory Committee	3769.084	163266
Ohio Transportation Finance Commission	5531.12(B) to (D)	163267
Ohio Tuition Trust Authority	3334.03, 3334.08	163268
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	163269
Ohio Vendors Representative Committee	3304.34, 20 USC 107	163270
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	163271
Ohio Water Advisory Council	1521.031	163272
Ohio Water Resources Council Advisory Group	1521.19	163273
Ohio Water Resources Council	1521.19	163274
Oil and Gas Commission	1509.35	163275
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	163276
Organized Crime Investigations Commission	177.01	163277
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	163278
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	163279
Physician Loan Repayment Advisory Board	3702.81	163280
Power Siting Board	4906.02	163281
Prequalification Review Board	5525.07	163282
Private Water Systems Advisory Council	3701.346	163283
Public Utilities Commission Nominating Council	4901.021	163284
Public Utility Property Tax Study Committee	5727.85(K)	163285
Radiation Advisory Council	3748.20	163286
Reclamation Commission	1513.05	163287
Reclamation Forfeiture Fund Advisory Board	1513.182	163288
Recreation and Resources Commission	1501.04	163289
Recycling and Litter Prevention Advisory Council	1502.04	163290
School and Ministerial Lands Divestiture Committee	501.041	163291
Savings and Loan Associations and Savings Banks Board	1181.16	163292
Second Chance Trust Fund Advisory Committee	2108.35	163293
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	163294
Ski Tramway Board	4169.02	163295
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	163296
Solid Waste Management Advisory Council	3734.51	163297
Special Commission to Consider the Suspension of Local Government Officials	3.16	163298
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	163299
State Agency Coordinating Group	1521.19	163300
State Audit Committee	126.46	163301
State Council of Uniform State Laws	105.21 - 105.27	163302
State Criminal Sentencing Commission	181.22 - 181.26	163303
State Fire Council	3737.81	163304
State Library Board	3375.01	163305
State Victims Assistance Advisory Council	109.91(B) and (C)	163306
Statewide Consortium of County Law Library Resource Boards	3375.481	163307
STEM Committee	3326.02	163308
Student Tuition Recovery Authority	3332.081	163309
Sunset Review Committee	101.84 - 101.87	163310
Tax Credit Authority	122.17(M)	163311
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	163312
Technical Advisory Council on Oil and Gas	1509.38	163313
Transportation Review Advisory Council	5512.07 - 5512.09	163314
Unemployment Compensation Advisory Council	4141.08	163315
Unemployment Compensation Review Commission	4141.06	163316
Veterans Advisory Committee	5902.02(K)	163317
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	163318
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	163319
Water and Sewer Commission	1525.11(C)	163320
Waterways Safety Council	1547.73	163321
Wildlife Council	1531.03 - 1531.05	163322
Workers' Compensation Board of Directors Nominating Committee	4121.123	163323

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	163324
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	163325
129th General Assembly, is hereby repealed.	163326

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	163327
128th General Assembly be amended to read as follows:	163328

Sec. 105.05. Section 121.53 of the Revised Code is hereby	163329
repealed, effective ~~September~~June 30, ~~2013~~2014.	163330

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	163331
2 of the 128th General Assembly is hereby repealed.	163332

Section 630.10. All items set forth in this section are	163333
hereby appropriated out of any moneys in the state treasury to the	163334
credit of the Administrative Building Fund (Fund 7026) that are	163335
not otherwise appropriated for the biennium ending June 30, 2014:	163336

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	163337

C19506	Children's Home				$	100,000		163338
Total Development Services Agency					$	100,000		163339

CHILDREN'S HOME

163340

The foregoing appropriation item C19506, Children's Home,	163341
shall be used for the Children's Home of Cincinnati.	163342

Section 630.10.10. All items set forth in this section are	163343
hereby appropriated out of any moneys in the state treasury to the	163344
credit of the Parks and Recreation Improvement Fund (Fund 7035)	163345
that are not otherwise appropriated for the biennium ending June	163346
30, 2014:	163347

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	163348

C725S6			Cleveland Zoological Society	$	150,000		163349
TOTAL Department of Natural Resources				$	150,000		163350

CLEVELAND ZOOLOGICAL SOCIETY

163351

Of the foregoing appropriation item C725S6, Cleveland	163352
Zoological Society, shall be used for the Cleveland Zoological	163353
Society.	163354

Section 630.11. That Sections 203.30.40, 203.30.70,	163355
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	163356
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly be	163357
amended to read as follows:	163358

Reappropriations

Sec. 203.30.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

163359

C87405	Capitol Rotunda Renovations	$	37,363	163360
C87406	Statehouse Grounds Repair/Improvements	$	34,663	163361
C87407	Sound System Upgrades	$	30,654	163362
C87409	Cupola Gutters and Ancillary Roof	$	5,577	163363
C87411	ADA Specific Sidewalk Ramp Replacement	$	7,564	163364
C87412	Capitol Square Security	$	121,316	163365
C87413	CSRAB Visitors' Center	$	48,576	163366
Total Capitol Square Review and Advisory Board		$	285,713	163367

On July 1, 2013, or as soon as possible thereafter, the	163368
Director of Budget and Management shall transfer any unexpended	163369
appropriations in appropriation item C87405, Capitol Rotunda	163370
Renovations, and appropriation item C87413, CSRAB Visitors'	163371
Center, to appropriation item C87412, Capitol Square Security. The	163372
appropriations transferred under this section are hereby	163373
appropriated.	163374

Reappropriations

Sec. 203.30.70. OSB SCHOOL FOR THE BLIND

163375

C22607	Renovation of Science Laboratory Greenhouse	$	26,473	163376
C22614	New School Lighting	$	32,775	163377
C22616	Renovation and Repairs	$	779,478	163378
C22617	Elevator Replacement	$	104,500	163379
C22619	Public Address System Replacement	$	73,150	163380
C22622	Track Shelter	$	42,750	163381
C22624	Natatorium Renovations	$	2,483	163382
C22700	Infrastructure Improvements	$	~~1,640,652~~ 1,657,435	163383
Total Ohio School for the Blind		$	~~2,702,261~~ 2,719,044	163384

PUBLIC ADDRESS SYSTEM REPLACEMENT

163385

The amount reappropriated for the foregoing appropriation	163386
item C22619, Public Address System Replacement, is the	163387
unencumbered and unallotted balance as of June 30, 2012, in	163388
appropriation item C22619, Public Address System Replacement,	163389
minus $77,000.	163390

TRACK SHELTER

163391

The amount reappropriated for the foregoing appropriation	163392
item C22622, Track Shelter, is the unencumbered and unallotted	163393
balance as of June 30, 2012, in appropriation item C22622, Track	163394
Shelter, plus $77,000.	163395

INFRASTRUCTURE IMPROVEMENTS

163396

The amount reappropriated for the foregoing appropriation	163397
item C22700, Infrastructure Improvements, is the unencumbered and	163398
unallotted balance as of June 30, 2013, in appropriation item	163399
C22700, Infrastructure Improvements, plus $16,783.	163400

Reappropriations

Sec. 203.30.80. OSD SCHOOL FOR THE DEAF

163401

C22104	Boilers, Blowers, and Controls for the School Complex	$	44,992	163402
C22107	Renovation and Repairs	$	950,000	163403
C22108	High School Window Replacement	$	20,041	163404
C22109	High School HVAC	$	19,182	163405
C22111	Staff Building Windows and Repair	$	15,983	163406
C22112	Alumni Park Preservation	$	59,375	163407
C22800	Infrastructure Improvements	$	~~905,833~~ 922,616	163408
Total Ohio School for the Deaf		$	~~2,015,406~~ 2,032,189	163409
TOTAL Administrative Building Fund		$	~~29,689,586~~ 29,723,152	163410

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

163412

C58000	Hazardous Materials Abatement	$	118,750	163413
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	163414
C58002	Campus Consolidation - Automation	$	95,000	163415
C58004	Demolition	$	142,500	163416
C58005	Life Safety/Critical Plant Renovations	$	23,750	163417
C58006	Patient Care/Environment Improvement	$	285,000	163418
C58007	Infrastructure Renovations	$	475,000	163419
C58008	Emergency Improvements	$	285,000	163420
C58009	Patient Environment Improvement Consolidation	$	1,000	163421
C58010	Campus Consolidation	$	23,750,000	163422
C58020	Mandel Jewish Community Center	$	199,500	163423
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	163424

COMMUNITY ASSISTANCE PROJECTS

163425

Of the foregoing appropriation item C58001, Community	163426
Assistance Projects, ~~$100,000 shall be used for the Children's~~	163427
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	163428
$300,000 shall be used for the Berea Children's Home.	163429

The amount reappropriated for the foregoing appropriation	163430
item C58001, Community Assistance Projects, is the unencumbered	163431
unallotted balance, as of June 30, 2012, in appropriation item	163432
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	163433
to the expenditure of this reappropriation, the Director of Mental	163434
Health shall certify to the Director of Budget and Management	163435
canceled encumbrances in the amount of at least $1,096,159.42.	163436

INFRASTRUCTURE RENOVATIONS

163437

The amount reappropriated for the foregoing appropriation	163438
item C58007, Infrastructure Renovations, is the unencumbered and	163439
unallotted balance as of June 30, 2012, in appropriation item	163440
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	163441
the expenditure of this reappropriation, the Director of Mental	163442
Health shall certify to the Director of Budget and Management	163443
canceled encumbrances in the amount of at least $2,995,450.24.	163444

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

163445

C59004	Community Assistance Projects	$	13,913,599	163446
C59029	Emergency Generator Replacement	$	460,362	163447
C59034	Statewide Developmental Centers	$	1,407,067	163448
C59050	Emergency Improvements	$	484,984	163449
C59051	Energy Conservation	$	430,500	163450
C59055	Camp McKinley Improvements	$	30,000	163451
C59056	The Hope Learning Center	$	250,000	163452
TOTAL Department of Developmental Disabilities		$	16,976,512	163453
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	163454

COMMUNITY ASSISTANCE PROJECTS

163455

The foregoing appropriation item C59004, Community Assistance	163456
Projects, may be used to provide community assistance funds for	163457
the construction or renovation of facilities for day programs or	163458
residential programs that provide services to persons eligible for	163459
services from the Department of Developmental Disabilities or	163460
county boards of developmental disabilities.	163461

The amount reappropriated for the foregoing appropriation	163462
item C59004, Community Assistance Projects, is the unencumbered,	163463
unallotted balance as of June 30, 2012, in appropriation item	163464
C59004, Community Assistance Projects, plus $8,326,255. Prior to	163465
the expenditure of this reappropriation, the Director of	163466
Developmental Disabilities shall certify to the Director of Budget	163467
and Management canceled encumbrances in the Mental Health	163468
Facilities Improvement Fund (Fund 7033) in the amount of at least	163469
$8,326,255.	163470

STATEWIDE DEVELOPMENTAL CENTERS

163471

The amount reappropriated for the foregoing appropriation	163472
item C59034, Statewide Developmental Centers, is the unencumbered,	163473
unallotted balance as of June 30, 2012, in appropriation item	163474
C59034, Statewide Developmental Centers, plus $167,912. Prior to	163475
the expenditure of this reappropriation, the Director of	163476
Developmental Disabilities shall certify to the Director of Budget	163477
and Management canceled encumbrances in the Mental Health	163478
Facilities Improvement Fund (Fund 7033) in the amount of at least	163479
$167,912.	163480

Reappropriations

Sec. 205.10.20. BOR BOARD OF REGENTS

163481

C23506	Third Frontier Project	$	15,689,958	163482
C23519	315 Research and Technology Corridor	$	2,090,000	163483
C23525	CWRU Mt. Sinai Skills and Simulation Center	$	500,000	163484
C23528	Clintonville Fiber Project	$	100,000	163485
C23529	Non-credit Job Training Facilities	$	2,011,227	163486
C23535	CWRU ~~Energy Center~~ Cleveland Center for Membrane and Structural Biology	$	333,333	163487
Total Board of Regents		$	20,724,518	163488

SUPPLEMENTAL RENOVATIONS LIBRARY DEPOSITORIES

163489

The amount reappropriated for appropriation item C23524,	163490
Supplemental Renovations Library Depositories, is the unencumbered	163491
and unallotted balance in appropriation item C23524, Supplemental	163492
Renovations Library Depositories, minus $95,695.	163493

NON-CREDIT JOB TRAINING FACILITIES

163494

The amount reappropriated for the foregoing appropriation	163495
item C23529, Non-credit Job Training Facilities, is the	163496
unencumbered and unallotted balance in appropriation item C23529,	163497
Non-credit Job Training Facilities, as of June 30, 2012, plus	163498
$866,811.	163499

Reappropriations

Sec. 205.30.90. CCC CUYAHOGA COMMUNITY COLLEGE

163500

C37800	Basic Renovations	$	617,662	163501
C37803	Technology Learning Center - Western	$	40,941	163502
C37812	Building A Expansion Module - Western	$	118,115	163503
C37816	College-Wide Wayfinding Signage System	$	118,825	163504
C37817	College-Wide Asset Protection & Building	$	599,645	163505
C37818	Healthcare Technology Building - Eastern	$	1,343,897	163506
C37821	Hospitality Management Program	$	37,203	163507
C37822	Theater Renovations	$	948,231	163508
C37824	Rock and Roll Hall of Fame Archive	$	3,000	163509
C37826	CW Roof Replacement	$	181,197	163510
C37831	Visiting Nurse Association	$	142,500	163511
~~C37833~~	~~Cleveland Zoological Society~~	$	~~142,500~~	163512
C37834	Museum of Contemporary Art Cleveland	$	427,500	163513
C37835	Western Reserve Historical Society	$	2,660,000	163514
Total Cuyahoga Community College		$	~~7,381,216~~ 7,238,716	163515

BASIC RENOVATIONS

163516

The amount reappropriated for the foregoing appropriation	163517
item C37800, Basic Renovations, is the unencumbered and unallotted	163518
balance as of June 30, 2012, in appropriation item C37800, Basic	163519
Renovations, plus $1,033,551.	163520

NON-CREDIT JOB TRAINING

163521

The amount reappropriated for appropriation item C37805,	163522
Non-credit Job Training, is the unencumbered and unallotted	163523
balance in appropriation item C37805, Non-credit Job Training, as	163524
of June 30, 2012, minus $38,676.	163525

BUILDING A EXPANSION MODULE - WESTERN

163526

The amount reappropriated for the foregoing appropriation	163527
item C37812, Building A Expansion Module - Western, is the	163528
unencumbered and unallotted balance as of June 30, 2012, in	163529
appropriation item C37812, Building A Expansion Module - Western,	163530
minus $82,761.	163531

THEATER RENOVATIONS

163532

The amount reappropriated for the foregoing appropriation	163533
item C37822, Theater Renovations, is the unencumbered and	163534
unallotted balance as of June 30, 2012, in appropriation item	163535
C37822, Theater Renovations, minus $950,790.	163536

CCC AUTO LAB IMPROVEMENTS

163537

The amount reappropriated for appropriation item C37830, CCC	163538
Auto Lab Improvements, is the unencumbered and unallotted balance	163539
in appropriation item C37830, CCC Auto Lab Improvements, as of	163540
June 30, 2012, minus $239.	163541

Reappropriations

Sec. 205.50.70. STC STARK TECHNICAL COLLEGE

163542

C38900	Basic Renovations	$	4,775	163543
C38917	Wind Energy Research and Development Center	$	1,166,996	163544
Total Stark Technical College		$	1,171,771	163545
TOTAL Higher Education Improvement Fund		$	~~226,722,333~~ 226,579,833	163546

Sec. 207.10.10. LOCAL PARKS PROJECTS

163548

Of the foregoing appropriation item C725E2, Local Parks	163549
Projects, $50,000 plus an amount equal to two per cent of the	163550
projects listed may be used by the Ohio Department of Natural	163551
Resources for the administration of local projects; $1,586,570	163552
shall be used for Grand Lake St. Mary's Improvements; $400,000	163553
shall be used for the Austin Pike Project - Land Acquisition;	163554
$191,000 shall be used for Deerfield Township Simpson Creek	163555
Erosion Mitigation and Bank Control; $121,700 shall be used for	163556
the Salt Fork State Park Concession Stand; $100,000 shall be used	163557
for the Crown Point Conservation Easement; $100,000 shall be used	163558
for the Euclid Beach Pier; $100,000 shall be used for the Liberty	163559
Park Expansion – Twinsburg; $100,000 shall be used for the Lucas	163560
County Marina; $100,000 shall be used for the Midtown Cleveland	163561
Mountain Bike Park; $100,000 shall be used for the Mudbrook Trail	163562
and Greenway Project; $69,000 shall be used for Miami and Erie	163563
Canal Repairs in Spencerville; $60,000 shall be used for the	163564
Marseilles Reservoir Bulkhead Project; $50,000 shall be used for	163565
Dillon State Park Upgrades; $25,000 shall be used for the	163566
Marblehead Lighthouse State Park Life Boat Station; $24,165 shall	163567
be used for Tar Hollow State Park Improvements; $20,200 shall be	163568
used for Van Buren State Park Campground Electric and Restroom	163569
Facility Improvements; and $10,000 shall be used for Village of	163570
Albany Bike Paths.	163571

FINDLEY STATE PARK

163572

The amount reappropriated for the foregoing appropriation	163573
item C72511, Findley State Park, is the unencumbered and	163574
unallotted balance as of June 30, 2012, in appropriation item	163575
C72511, Findley State Park, minus $22,856.	163576

LAKE HOPE STATE PARK

163577

The amount reappropriated for the foregoing appropriation	163578
item C72522, Lake Hope State Park, is the unencumbered and	163579
unallotted balance as of June 30, 2012, in appropriation item	163580
C72522, Lake Hope State Park, minus $7,276.	163581

HOCKING HILLS STATE PARK

163582

The amount reappropriated for the foregoing appropriation	163583
item C72559, Hocking Hills State Park, is the unencumbered and	163584
unallotted balance as of June 30, 2012, in appropriation item	163585
C72559, Hocking Hills State Park, minus $3,025.	163586

PORTAGE LAKES STATE PARK

163587

The amount reappropriated for the foregoing appropriation	163588
item C72576, Portage Lakes State Park, is the unencumbered and	163589
unallotted balance as of June 30, 2012, in appropriation item	163590
C72576, Portage Lakes State Park, minus $2,040.	163591

DEER CREEK STATE PARK

163592

The amount reappropriated for the foregoing appropriation	163593
item C72594, Deer Creek State Park, is the unencumbered and	163594
unallotted balance as of June 30, 2012, in appropriation item	163595
C72594, Deer Creek State Park, minus $19,392.	163596

RIVERFRONT IMPROVEMENTS

163597

The amount reappropriated for the foregoing appropriation	163598
item C725D0, Riverfront Improvements, is the unencumbered and	163599
unallotted balance as of June 30, 2012, in appropriation item	163600
C725D0, Riverfront Improvements, minus $5,000.	163601

MOHICAN STATE PARK

163602

The amount reappropriated for the foregoing appropriation	163603
item C725M9, Mohican State Park, is the unencumbered and	163604
unallotted balance as of June 30, 2012, in appropriation item	163605
C725M9, Mohican State Park, minus $72,469.	163606

WASTEWATER AND WATER SYSTEMS UPGRADE

163607

The amount reappropriated for the foregoing appropriation	163608
item C725N6, Wastewater and Water Systems Upgrade, is the	163609
unencumbered and unallotted balance as of June 30, 2012, in	163610
appropriation item C725N6, Wastewater and Water Systems Upgrade,	163611
plus $162,050.	163612

SOUTH BASS ISLAND STATE PARK

163613

The amount reappropriated for the foregoing appropriation	163614
item C725R0, South Bass Island State Park, is the unencumbered and	163615
unallotted balance as of June 30, 2012, in appropriation item	163616
C725R0, South Bass Island State Park, minus $29,992.	163617

KAMP DOVETAIL PROJECT

163618

The amount reappropriated for the foregoing appropriation	163619
item C725S5, Kamp Dovetail Project, used by the Department of	163620
Natural Resources, is the unencumbered and unallotted balance	163621
remaining as of June 30, 2013, in appropriation item C59020, Kamp	163622
Dovetail Project, used by the Department of Developmental	163623
Disabilities.	163624

FEDERAL REIMBURSEMENT

163625

All reimbursements received from the federal government for	163626
any expenditures made pursuant to sections of this act numbered	163627
with the prefix "207.10" shall be deposited in the state treasury	163628
to the credit of the Parks and Recreation Improvement Fund.	163629

Section 630.12. That existing Sections 203.30.40, 203.30.70,	163630
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	163631
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly are	163632
hereby repealed.	163633

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

163634

As used in this section, "appointing authority" has the same	163635
meaning as in section 124.01 of the Revised Code, and "exempt	163636
employee" has the same meaning as in section 124.01 of the Revised	163637
Code.	163638

Notwithstanding section 124.181 of the Revised Code, in cases	163639
where no vacancy exists, an appointing authority may, with the	163640
written consent of an exempt employee, assign duties of a higher	163641
classification to that exempt employee for a period of time not to	163642
exceed two years, and that exempt employee shall receive	163643
compensation at a rate commensurate with the duties of the higher	163644
classification.	163645

Section 701.30. As used in this section, "public record" has	163646
the meaning defined in section 149.43 of the Revised Code, and	163647
"public office" has the meaning defined in section 149.011 of the	163648
Revised Code.	163649

Not later than December 31, 2013, the Director of	163650
Administrative Services shall deliver a report to the Governor,	163651
the Speaker and Minority Leader of the House of Representatives,	163652
and the President and Minority Leader of the Senate that proposes	163653
uniform standards that should apply to a public office that	163654
chooses to post public records on an internet web site maintained	163655
by the public office. In developing the standards, the Director	163656
shall consider, at a minimum, the following factors: any	163657
recommended technology and/or software to use; the projected costs	163658
of implementing and maintaining such technology and software; and	163659
how a public office is to post a public record on its web site, or	163660
on a public web site maintained by the state, so that the public	163661
record, or the data contained in the public record, is capable of	163662
being searched and downloaded by the public in a uniform manner.	163663

Section 715.10. Two years after the amendments to section	163664
1501.011 of the Revised Code by this act take effect, the Ohio	163665
Facilities Construction Commission and the Department of Natural	163666
Resources shall review division (C) of that section.	163667

Section 733.10. Notwithstanding section 3317.01 of the	163668
Revised Code, as amended by this act, to determine whether a	163669
school district satisfied the minimum school year in the 2013-2014	163670
school year in order to qualify for state funding under Chapter	163671
3317. of the Revised Code for fiscal year 2015, the Department of	163672
Education shall apply the criteria prescribed in the version of	163673
division (B) of section 3317.01 of the Revised Code in effect	163674
prior to July 1, 2014.	163675

Section 733.20. The General Assembly hereby declares its	163676
intent, in enacting section 3319.031 of the Revised Code, to	163677
supersede any effect of the decision of the Court of Appeals of	163678
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	163679
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	163680
decision conflicts with the principle that boards of education may	163681
appoint a licensed business manager, but also may determine	163682
instead to assign the roles and functions of a business manager to	163683
one or more employees or officers of the board, including the	163684
treasurer, in the board's sole discretion.	163685

Section 733.40. (A) The Superintendent of Public Instruction	163686
shall appoint three incorporators who are knowledgeable about the	163687
administration of public schools and about the operation of	163688
nonprofit corporations in Ohio.	163689

(B) The incorporators shall do whatever is necessary and	163690
proper to set up a nonprofit corporation under Chapter 1702. of	163691
the Revised Code. The articles of incorporation, in addition to	163692
meeting the requirements of section 1702.04 of the Revised Code,	163693
shall set forth the following provisions:	163694

(1) That the nonprofit corporation is to create and implement	163695
a pilot program that provides an alternative path for individuals	163696
to receive training and development in the administration of	163697
primary and secondary education and leadership, that will enable	163698
these individuals to earn a degree in public school	163699
administration, that will enable these individuals to obtain	163700
licenses in public school administration, and that promotes the	163701
placement of these individuals in public schools that have a	163702
poverty percentage greater than fifty per cent.	163703

(2) That the Board of Directors are to establish criteria for	163704
program costs, participant selection, and continued participation,	163705
and metrics to document and measure pilot program activities.	163706

(3) That the name of the nonprofit corporation is "New	163707
Leaders for Ohio Schools."	163708

(4) That the Board of Directors is to consist of the	163709
following nine directors:	163710

(a) The Governor or the Governor's designee;

163711

(b) The Superintendent of Public Instruction, or the	163712
Superintendent's designee;	163713

(c) The Chancellor of the Ohio Board of Regents, or the	163714
Chancellor's designee;	163715

(d) Two individuals to represent major business enterprises	163716
in Ohio;	163717

(e) Two individuals appointed by the Speaker of the House of	163718
Representatives, one of whom shall be an active duty or retired	163719
military officer;	163720

(f) Two individuals appointed by the President of the Senate,	163721
one of whom shall be a current or retired teacher or principal.	163722

The Dean of The Ohio State University Fisher College of	163723
Business and the Dean of The Ohio State University College of	163724
Education and Human Ecology are to serve as ex-officio nonvoting	163725
members of the Board.	163726

The individuals on the Board who represent major business	163727
enterprises in Ohio are to be appointed by a statewide	163728
organization selected by the Governor. The organization is to be	163729
nonpartisan and consist of chief executive officers of major	163730
corporations organized in Ohio.	163731

(5) That the Board is to elect a chairperson from among its	163732
members, and is to appoint a President of the corporation.	163733

(6) That the President of the Corporation, subject to the	163734
approval of the Board, is to enter into a contract with The Ohio	163735
State University Fisher College of Business. Under the contract,	163736
the College is to provide oversight to the corporation, is to	163737
serve as fiscal agent for the corporation, and is to provide the	163738
corporation with office space, and with office furniture and	163739
equipment, as is necessary for the corporation successfully to	163740
fulfill its duties.	163741

(7) That the overhead expenses of the corporation are not to	163742
exceed fifteen per cent of the annual budget of the corporation.	163743

(8) That the President is to apply for, and is to receive and	163744
accept, grants, gifts, bequests, and contributions from private	163745
sources.	163746

(9) That the corporation is to submit an annual report to the	163747
General Assembly and Governor beginning December 31, 2013.	163748

(10) That state financial support for the corporation shall	163749
cease on the date that is five years after the effective date of	163750
this section.	163751

Section 733.50. (A) The State Board of Education shall issue	163752
an alternative principal or administrator license in accordance	163753
with rules adopted under this section to an individual who	163754
successfully completes the New Leaders for Ohio Schools pilot	163755
program under Section 733.40 of this act.	163756

(B) The State Board, in consultation with the Board of	163757
Directors of New Leaders for Ohio Schools, shall adopt rules that	163758
prescribe the requirements for an alternative principal or	163759
administrator license specifically for an individual who	163760
successfully completes the New Leaders for Ohio Schools pilot	163761
program. The State Board shall use the rules for alternative	163762
principal and administrator licenses previously adopted under	163763
section 3319.27 of the Revised Code as a guideline for development	163764
of the rules adopted under this section.	163765

Section 737.20. TELEMEDICINE POLICY WORKGROUP

163766

The Executive Director of the Governor's Office of Health	163767
Transformation may convene a workgroup of state agency directors	163768
to study policy matters regarding the potential benefits of using	163769
telemedicine as a means of increasing the quality and availability	163770
of health care services within this state. If established, the	163771
workgroup shall include the Medicaid Director, Superintendent of	163772
Insurance, and any other state agency director the Executive	163773
Director considers appropriate. Additional individuals may be	163774
included at the discretion of the Executive Director.	163775

A study conducted by a workgroup established under this	163776
section shall focus on developing a comprehensive statewide policy	163777
that encourages the use of telemedicine as an integral component	163778
of the state's health care system. In doing so, the workgroup	163779
shall consider not only the practice of telemedicine and the	163780
technology used to provide telemedicine services, but also matters	163781
pertaining to the implementation of telemedicine systems and the	163782
reimbursement of health care professionals, health care	163783
facilities, and other providers of telemedicine services,	163784
including coverage provided by health care insurers and the	163785
Medicaid program.	163786

Section 747.10. (A) The Ohio Cemetery Law Task Force shall	163787
develop recommendations on modifications of the laws of this state	163788
relating to cemeteries.	163789

(B) The Ohio Cemetery Law Task Force is established. The Task	163790
Force shall consist of the following eleven members: a	163791
representative of local government, other than townships,	163792
appointed by the President of the Senate; a representative of the	163793
Ohio Township Association appointed by the President of the	163794
Senate; a representative of Native Americans appointed by the	163795
President of the Senate; a representative of private cemeteries	163796
appointed by the Speaker of the House of Representatives; a	163797
representative of the Ohio Historical Society appointed by the	163798
Speaker of the House of Representatives; a representative of	163799
archeologists appointed by the Speaker of the House of	163800
Representatives; a representative of the Ohio Genealogical Society	163801
appointed by the Governor; a representative of the Ohio Cemetery	163802
Dispute Resolution Commission appointed by the Governor; a	163803
representative of the Division of Real Estate and Professional	163804
Licensing in the Department of Commerce appointed by the Governor;	163805
a representative of the Department of Transportation appointed by	163806
the Governor; and a representative of the Department of Natural	163807
Resources appointed by the Governor.	163808

The initial appointments shall be made not later than thirty	163809
days after the effective date of this section. Vacancies shall be	163810
filled in the manner provided for original appointments.	163811

The Task Force shall elect two of its members to serve as	163812
co-chairpersons of the Task Force.	163813

The Task Force shall meet as often as necessary to carry out	163814
its duties and responsibilities. Members of the Task Force shall	163815
serve without compensation.	163816

(C) The Task Force shall issue a report of its	163817
recommendations to the President of the Senate, the Speaker of the	163818
House of Representatives, and the Governor not later than one year	163819
after the effective date of this section. The Task Force ceases to	163820
exist upon submitting its report.	163821

Section 747.20. The county recorder shall continue to keep	163822
six separate sets of records of all agreements for the	163823
registration of lands as archaeological or historic landmarks	163824
recorded before the effective date of this section.	163825

Section 747.30. Notwithstanding section 4783.04 of the	163826
Revised Code, as enacted by this act, if an individual certified	163827
as a board certified behavior analyst by the Behavior Analyst	163828
Certification Board or its successor organization can demonstrate	163829
active practice in a manner prescribed in rules adopted by the	163830
State Board of Psychology within one year after the effective date	163831
of those rules, the individual may apply for immediate	163832
certification as a certified Ohio behavior analyst without paying	163833
a fee or satisfying other requirements specified in section	163834
4783.04 of the Revised Code or requirements prescribed by the	163835
State Board of Psychology.	163836

The State Board of Psychology shall provide internet access	163837
to the study guide produced by the State Board of Psychology that	163838
summarizes the applicable laws and rules. An individual issued a	163839
certificate pursuant to this section is responsible for knowledge	163840
of Ohio law based on self-study of these documents.	163841

Following initial certification under this section, a	163842
certified Ohio behavior analyst shall comply with section 4783.05	163843
of the Revised Code with respect to biennial registration, payment	163844
of fees, and continuing education requirements.	163845

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

163846

The Department of Mental Health and Addiction Services, in	163847
consultation with the Department of Medicaid, shall administer the	163848
Recovery Requires a Community Program to identify individuals	163849
residing in nursing facilities who can be successfully moved into	163850
a community setting with the aid of community non-Medicaid	163851
services.	163852

The Director of Mental Health and Addiction Services and the	163853
Medicaid Director shall agree upon an amount representing the	163854
savings realized from decreased nursing facility utilization to be	163855
transferred within the biennium from the Department of Medicaid to	163856
the Department of Mental Health and Addiction Services to support	163857
non-Medicaid program costs for individuals moving into community	163858
settings.	163859

Of the foregoing appropriation item 651525, Medicaid/Health	163860
Care Services, the Medicaid Director shall transfer the amount	163861
agreed upon representing the savings from the General Revenue Fund	163862
to the Sale of Goods and Services Fund (Fund 1490). The transfer	163863
shall be made using an intrastate transfer voucher. The	163864
transferred cash is hereby appropriated to appropriation item	163865
335609, Community Operating/Planning.	163866

Section 753.20. (A) The Director of Administrative Services,	163867
on behalf of the Department of Rehabilitation and Correction, is	163868
authorized to sell by bid, auction, real estate sale agreement, or	163869
through any other available legal means, all of the state's right,	163870
title, and interest in any or all of the real property described	163871
below, that the Director of Administrative Services and the	163872
Director of Rehabilitation and Correction determine should be sold	163873
in the best interest of, and as surplus to, the needs of the	163874
state.	163875

(B) The Governor is authorized to execute one or more deeds	163876
in the name of the state, conveying to one or more purchasers,	163877
their heirs and assigns or successors and assigns, all of the	163878
state's right, title, and interest in one or more of the real	163879
properties and improvements described below:	163880

101 Oval Drive Lima 45801

163881

102 Oval Drive Lima 45801

163882

1757 South Avon Belden Road Grafton 44044

163883

2069 South Avon Belden Road Grafton 44044

163884

900 East Capel Road Grafton 44044

163885

1088 North Main Street Mansfield 44903

163886

1659 Scioto Village Drive Marion 43302

163887

1674 Scioto Village Drive Marion 43302

163888

1686 Scioto Village Drive Marion 43302

163889

1693 Scioto Village Drive Marion 43302

163890

1705 Scioto Village Drive Marion 43302

163891

1710 Scioto Village Drive Marion 43302

163892

1717 Scioto Village Drive Marion 43302

163893

745 Likens Road Marion 43302

163894

813 Likens Road Marion 43302

163895

PCI Unit 4 - 11781 State Route 762 Orient 43146

163896

103 Reservation Circle Chillicothe 45601

163897

123 Reservation Circle Chillicothe 45601

163898

124 Reservation Circle Chillicothe 45601

163899

14166 Pleasant Valley Road Chillicothe 45601

163900

1187 Cook Road Lucasville 45648

163901

(C) The Director of Administrative Services shall convey the	163902
real estate, its improvements and chattels, "as-is," in its	163903
present condition.	163904

(D) Consideration for conveyance of the real estate shall be	163905
determined by bid, auction, or negotiated purchase agreement, at	163906
the discretion of the Director of Administrative Services and the	163907
Director of Rehabilitation and Correction.	163908

(E) The real property shall be conveyed subject to all	163909
easements, covenants, conditions, and restrictions of record; all	163910
legal highways; zoning, building, and other laws, ordinances,	163911
restrictions, and regulations; and real estate taxes and	163912
assessments not yet due and payable.	163913

(F)(1) The deed or deeds to the real estate may contain any	163914
terms and conditions the Director of Administrative Services and	163915
the Director of Rehabilitation and Correction determine to be in	163916
the best interest of the state. The deed or deeds may contain	163917
restrictions that the Directors determine are reasonably necessary	163918
to protect the interest of the state in neighboring state-owned	163919
land.	163920

(2) The deed or deeds shall contain restrictions prohibiting	163921
the purchaser from occupying, using, developing, or selling the	163922
real estate, such as will interfere with quiet enjoyment of the	163923
neighboring state-owned land.	163924

(G) The method of sale and disposition of the real estate	163925
shall be determined by the Director of Administrative Services and	163926
the Director of Rehabilitation and Correction.	163927

(H) The real estate may be sold as an entire tract, as	163928
multiple tracts, or in parcels.	163929

(I) The purchaser or purchasers shall pay all costs	163930
associated with the purchase and conveyance of the real estate,	163931
including, but not limited to, title evidence, title insurance,	163932
transfer costs and fees, recording costs of the deed, taxes, and	163933
any other fees and costs that may be imposed.	163934

(J) Surveys and legal descriptions as are required for the	163935
conveyance of the real estate shall be prepared at the purchaser's	163936
expense.	163937

(K) The net proceeds of the sale of the real estate shall be	163938
deposited into the state treasury to the credit of the Property	163939
Receipts Fund created by section 5120.22 of the Revised Code.	163940

(L) Upon payment of the purchase price for all or any of the	163941
real estate, the Auditor of State, with the assistance of the	163942
Attorney General, shall prepare a deed or deeds for the real	163943
estate. A deed shall state the consideration, and any terms or	163944
conditions and the restrictions. A deed shall be executed by the	163945
Governor in the name of the state, countersigned by the Secretary	163946
of State, sealed with the Great Seal of the State, presented in	163947
the Office of the Auditor of State for recording, and delivered to	163948
the purchaser. The purchaser shall present the deed for recording	163949
in the office of the appropriate County Recorder.	163950

(M) This section expires two years after its effective date.

163951

Section 753.30. (A) There is the State Facility Utilization	163952
and Consolidation Task Force. The Task Force shall create an	163953
inventory of state-owned real property and of assets related to	163954
the real property, study the current utilization of the real	163955
property and related assets, determine which real properties and	163956
related assets are not being productively used, determine which	163957
real properties and related assets that are not being productively	163958
used could be productively used, and determine which real	163959
properties and related assets that are not being productively used	163960
could be productively used if consolidated. The Task Force, based	163961
on its study, shall provide the Governor, the President of the	163962
Senate, and the Speaker of the House of Representatives, not later	163963
than one year after the effective date of this section, a report	163964
expressing Task Force's recommendations for the sale, productive	163965
use, or consolidation of state-owned real property and assets.	163966
Upon completing delivery of its report, the Task Force ceases to	163967
exist.	163968

(B) The Task Force consists of the following members: Two	163969
members of the House of Representatives, appointed by the Speaker	163970
of the House of Representatives; two members of the Senate	163971
appointed by the President of the Senate; one individual appointed	163972
by the Governor; the Director of Administrative Services or the	163973
Director's designee; and the Director of Budget and Management or	163974
the Director's designee. Vacancies on the Task Force shall be	163975
filled by the appointing authority.	163976

The Task Force shall select a chairperson and	163977
vice-chairperson from among its members.	163978

Members of the Task Force are not entitled to compensation	163979
for serving on the Task Force. Members of the Task Force may	163980
continue to receive the compensation and benefits accruing from	163981
their regular offices or employments. A member of the Task Force	163982
is entitled to reimbursement of actual and necessary expenses	163983
incurred because of service on the Task Force.	163984

The Task Force first shall meet within one month after the	163985
effective date of this section at the call of the Governor.	163986
Thereafter, the Task Force shall meet at the call of its	163987
chairperson as necessary to carry out its duties.	163988

The Director of Administrative Services shall provide the	163989
Task Force with meeting space and with professional, technical,	163990
and clerical staff as is necessary for the Task Force successfully	163991
and efficiently to fulfill its duties.	163992

Section 755.10. Not later than ninety days after the	163993
effective date of this section, the Director of Transportation	163994
shall establish a county bridge program to assist counties with	163995
the maintenance of bridges. The program may provide monetary and	163996
other resources, and shall address infrastructure needs related to	163997
county-maintained bridges, including bridge embankments, drainage	163998
bridge repair, and other related conditions.	163999

The Director may consult with affected political subdivisions	164000
in assessing needs and in developing the program. Upon	164001
establishing the program, the Director shall notify affected	164002
political subdivisions in an appropriate manner of the	164003
availability of the program.	164004

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	164005
FUND	164006

Notwithstanding any provision of section 131.51 of the	164007
Revised Code to the contrary, from revenue arising from the	164008
personal income tax levied under Chapter 5747. of the Revised	164009
Code, an amount equal to one hundred per cent of the amount	164010
credited to the Local Government Fund in July 2012 shall be	164011
credited to such fund in July 2013. In July 2013 each county	164012
undivided local government fund shall receive the same amount it	164013
received in July 2012. In July 2013 each municipal corporation	164014
shall receive the same amount it directly received from the Local	164015
Government Fund in July 2012.	164016

Section 757.30. (A) There is hereby created the Commercial	164017
Activity Tax Review Committee to review and make recommendations	164018
for reforming and improving the tax levied under Chapter 5751. of	164019
the Revised Code. The committee shall be composed of the following	164020
members:	164021

(1) The chair of the standing committee of the House of	164022
Representatives that deals primarily with issues of taxation;	164023

(2) The chair of the standing committee of the Senate that	164024
deals primarily with issues of taxation;	164025

(3) Three members of the House of Representatives appointed	164026
by the Speaker of the House of Representatives, two of whom shall	164027
be members of the minority party;	164028

(4) Three members of the Senate appointed by the President of	164029
the Senate, two of whom shall be members of the minority party;	164030

(5) The Tax Commissioner or the Commissioner's designee; and

164031

(6) The Director of Budget and Management or the Director's	164032
designee.	164033

(B) The Commercial Activity Tax Review Committee shall be	164034
jointly chaired by the members described in divisions (A)(1) and	164035
(2) of this section. The committee shall meet monthly, beginning	164036
in July 2013, at the call of the chairs and may accept testimony.	164037
The committee is a public body for the purposes of section 121.22	164038
of the Revised Code.	164039

The committee shall, on or before October 31, 2013, submit a	164040
report with the committee's recommendations to the Governor, the	164041
Speaker and Minority Leader of the House of Representatives, and	164042
the President and Minority Leader of the Senate.	164043

(C) The Commercial Activity Tax Review Committee shall cease	164044
to exist after October 31, 2013.	164045

Section 757.50. The amendment by this act of divisions (Q),	164046
(R), and (S) of section 5741.01 and section 5741.03 of the Revised	164047
Code and the enactment of section 5741.032 of the Revised Code are	164048
hereby effectuated with the intent that if the United States	164049
Congress enacts the Marketplace Fairness Act of 2013, or other	164050
similar legislation authorizing states to require sellers that	164051
lack a substantial nexus with the state to pay, collect, or remit	164052
sales or use tax, the General Assembly shall adopt, before the	164053
effective date of such federal legislation, any conforming	164054
amendments required by such federal legislation and requiring the	164055
Tax Commissioner to adopt rules necessary to effectively	164056
administer such taxes with respect to remote sellers, as defined	164057
in division (R) of section 5741.01 of the Revised Code.	164058

This section is not intended to create a nexus between this	164059
state and remote sellers for any tax other than those imposed	164060
under Chapters 5739. and 5741. of the Revised Code.	164061

Section 757.60. The purpose of section 3735.661 of the	164062
Revised Code is to clarify the intent of the General Assembly that	164063
"first two amendments," as used in division (B) of Section 3 of	164064
Am. Sub. S.B. 19 of the 120th General Assembly, has, on and after	164065
July 22, 1994, referred and continues to refer to only a	164066
substantive amendment to a community reinvestment area ordinance	164067
or resolution that extends, expands, increases, or otherwise	164068
broadens the availability of tax exemptions provided under the	164069
ordinance or resolution and does not refer to an amendment that	164070
decreases or otherwise limits the availability of tax exemptions	164071
under the ordinance or resolution or that are procedural or	164072
administrative. Therefore, section 3735.661 of the Revised Code	164073
applies retroactively to ordinances and resolutions adopted under	164074
section 3735.66 of the Revised Code before and after the effective	164075
date of section 3735.661 of the Revised Code.	164076

Section 803.10. An investor who is issued a tax credit	164077
certificate under section 122.152 of the Revised Code prior to	164078
that section's repeal by this act may continue to claim that	164079
credit in the manner provided for in that section.	164080

Section 803.20. The member of the Farmland Preservation	164081
Advisory Board appointed under division (A)(4) of section 901.23	164082
of the Revised Code, as that section existed prior to its	164083
amendment by this act, who is serving on the effective date of	164084
this act shall continue to serve until the expiration of the term	164085
for which the member was appointed. At the end of that term, a	164086
member shall be appointed in accordance with division (A)(4) of	164087
that section as amended by this act.	164088

Section 803.30. A member of the technical advisory committee	164089
created in section 1551.35 of the Revised Code, as amended by this	164090
act, who was appointed by the Director of the Ohio Coal	164091
Development Office and who is serving on the committee immediately	164092
prior to the effective date of the amendments to that section	164093
shall continue in office until the expiration of the member's	164094
term. Thereafter, the appointment of a member for that position on	164095
the committee shall be made in accordance with the amendments to	164096
that section by this act.	164097

Section 803.41. (A) A member serving on the Rehabilitation	164098
Services Commission immediately prior to the effective date of	164099
this section who was appointed under section 3304.12 of the	164100
Revised Code as that section existed prior to its amendment by	164101
this act shall continue serving on the Opportunities for Ohioans	164102
with Disabilities Commission established by the amendments to that	164103
section by this act until the end of the term for which the member	164104
was appointed.	164105

(B) The consumer advisory committee that is required to be	164106
appointed by the Opportunities for Ohioans with Disabilities	164107
Commission by section 3304.16 (3304.14) of the Revised Code, as	164108
amended and renumbered by this act, is a continuation of the	164109
consumer advisory committee that was required to be appointed by	164110
the Rehabilitation Services Commission by section 3304.24 of the	164111
Revised Code prior to the repeal of that section by this act.	164112

Section 803.50. The amendments to sections 3313.48, 3313.533,	164113
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	164114
section 3313.481; and the repeal of section 3313.482 of the	164115
Revised Code made by this act do not apply to any collective	164116
bargaining agreement executed under Chapter 4117. of the Revised	164117
Code prior to July 1, 2014. Any collective bargaining agreement or	164118
renewal executed after that date shall comply with the changes	164119
provided for in this act.	164120

Section 803.60. (A) As used in this section:

164121

(1) "State institution of higher education" has the same	164122
meaning as in section 3345.011 of the Revised Code.	164123

(2) "Career-technical planning district" has the same meaning	164124
as in section 3302.033 of the Revised Code.	164125

(B) Nothing in Chapter 3365. of the Revised Code or the	164126
amendment of sections in that chapter by this act shall be	164127
construed to infringe upon or require the alteration of any	164128
existing or future articulation agreement for technical coursework	164129
offered through state-approved career-technical programs of study	164130
or any corresponding payment structure between any state	164131
institution of higher education and a career-technical planning	164132
district.	164133

The Department of Education and the Board of Regents shall	164134
study the implications of applying the changes in Chapter 3365. of	164135
the Revised Code to articulation agreements for technical	164136
coursework offered through state-approved career-technical	164137
programs of study. The Department and the Board also shall make	164138
recommendations on how such career-technical programs of study	164139
might be included under Chapter 3365. of the Revised Code and the	164140
implications of including them. These recommendations shall be	164141
submitted to the Governor's Office of 21st Century Education and	164142
the General Assembly in accordance with section 101.68 of the	164143
Revised Code, not later than July 1, 2014.	164144

Section 803.80. (A) The amendment by this act of section	164145
5747.01 of the Revised Code, amending or enacting divisions	164146
(A)(26) and (GG) of that section, applies to taxable years ending	164147
on or after the effective date of this section.	164148

(B) The amendment by this act of section 5747.022 and	164149
division (A) of section 5747.025 of the Revised Code applies to	164150
taxable years beginning on or after January 1, 2014.	164151

(C) The amendment by this act of division (A)(32) of section	164152
5747.01, division (C) of section 5747.025, and of sections	164153
5747.02, 5747.08, 5747.21, 5747.22, and 5748.01 and the repeal of	164154
section 5747.211 of the Revised Code apply to taxable years	164155
beginning on or after January 1, 2013.	164156

Section 803.90. (A) Except as provided in division (B) of	164157
this section, the amendment by this act of section 5751.01 of the	164158
Revised Code applies to tax periods ending on or after the	164159
effective date of that amendment.	164160

(B) The amendment by this act of section 5751.02, section	164161
5751.051, divisions (B)(1), (B)(2), and (J) of section 5751.20,	164162
and all divisions of section 5751.01 of the Revised Code except	164163
divisions (F)(2)(z) and (jj) of that section shall take effect	164164
July 1, 2014.	164165

(C) The amendment by this act of divisions (F)(2)(z) and (jj)	164166
of section 5751.01 of the Revised Code applies to original returns	164167
filed on or after January 1, 2014.	164168

Section 803.120. (A) The amendment by this act of section	164169
1509.50, division (C)(12) of section 5703.21, section 5749.02,	164170
divisions (D), (F), (H), and (I) of section 5749.06, and section	164171
5749.17 of the Revised Code applies to calendar quarters beginning	164172
on or after October 1, 2013.	164173

(B) The amendment by this act of division (G) of section	164174
5749.06 of the Revised Code applies to the severance of natural	164175
resources occurring in calendar quarters beginning on or after	164176
January 1, 2014.	164177

Section 803.160. (A) References to the Ohio Cooperative	164178
Extension Service, or use of a similar term, in any contracts,	164179
agreements, or other instruments that were entered into or	164180
executed prior to the effective date of this section pursuant to	164181
state statutes are deemed to be references to OSU Extension as	164182
defined in section 1.611 of the Revised Code as enacted by this	164183
act.	164184

(B) References to the Ohio Cooperative Extension Service, or	164185
use of a similar term, in rules adopted prior to the effective	164186
date of this section pursuant to state statutes are deemed to be	164187
references to OSU Extension.	164188

Section 803.170. The amendment by this act of section	164189
5709.17 of the Revised Code applies to tax year 2013 and every tax	164190
year thereafter.	164191

Section 803.180. The amendment or enactment by this act of	164192
sections 5735.012 and 5735.013 applies on and after January 1,	164193
2014.	164194

Section 803.190. (A) The amendment or enactment by this act	164195
of division (I), except for divisions (I)(2)(g) and (I)(4), of	164196
section 5741.01 of the Revised Code applies to the storage, use,	164197
or other consumption of tangible personal property or services	164198
occurring on and after the first month beginning after the	164199
effective date of that division and section.	164200

(B) The amendment by this act of divisions (I)(2)(g) and	164201
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	164202
applies to the storage, use, or other consumption of tangible	164203
personal property or services occurring on and after October 1,	164204
2013, regardless of the date a seller and a resident entered into	164205
an agreement described in division (I)(2)(g) of section 5741.01 of	164206
the Revised Code. On that date, as used in divisions (I)(2)(g) and	164207
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	164208
months" means the twelve months beginning October 1, 2012, and	164209
ending September 30, 2013.	164210

(C) The amendment by this act of section 5739.02 of the	164211
Revised Code, adding division (B)(49)(b), applies to retail sales	164212
occurring on or after the first day of the first month beginning	164213
after the effective date of that section.	164214

Section 803.210. Section 4503.192 of the Revised Code, which	164215
under Am. Sub. H.B. 51 of the 130th General Assembly is scheduled	164216
to take effect on July 1, 2013, rather takes effect on January 1,	164217
2014.	164218

Section 803.220. The new filing requirements applicable to	164219
persons who are elected or appointed to, or who are candidates	164220
for, an office of a township with a population of five thousand or	164221
more under section 102.02 of the Revised Code, as amended by this	164222
act, first apply to 2013 statements required to be filed by	164223
persons who are candidates for or serving in a township office in	164224
calendar year 2014, which shall be filed not later than ninety	164225
days after the effective date of this section.	164226

Section 803.230. The amendment by this act of section	164227
5739.02 of the Revised Code, adding division (B)(52), applies to	164228
the sale or storage, use, or other consumption of tangible	164229
personal property or services occurring before, on, or after the	164230
effective date of this section.	164231

Section 803.240. The amendments by this act to section	164232
5735.27 of the Revised Code apply to any proceedings commenced	164233
after their effective date, and, so far as their provisions	164234
support the actions taken, also apply to any proceedings that on	164235
their effective date are pending, in progress, or completed and	164236
that are supplemented to provide or confirm compliance with or	164237
support by the provisions of those amendments as if they had been	164238
in effect at the time of those proceedings, and also apply to any	164239
public obligations authorized, issued, or incurred pursuant to	164240
those proceedings, notwithstanding any law, resolution, ordinance,	164241
order, advertisement, notice, or other proceeding in effect before	164242
their effective date. Any proceedings pending or in progress on	164243
the effective date of the amendments, or any public obligations	164244
authorized, sold, issued, incurred, delivered, or validated	164245
pursuant to those proceedings, shall be deemed to have been taken,	164246
authorized, sold, issued, incurred, delivered, or validated in	164247
conformity with the amendments so far as their provisions support	164248
the actions taken.	164249

The amendments by this act to section 5735.27 of the Revised	164250
Code provide additional and supplemental provisions for subject	164251
matter that may also be the subject of other laws, and are	164252
intended to be supplemental to, and not in derogation of, any	164253
similar authority provided by, derived from, or implied by, the	164254
Constitution of Ohio, or any other law, including laws amended by	164255
this act, or any charter, order, resolution, or ordinance; and	164256
those amendments to section 5735.27 of the Revised Code shall not	164257
be interpreted to negate the authority provided by, derived from,	164258
or implied by the Constitution of Ohio, laws, charters, orders,	164259
resolutions, or ordinances.	164260

Section 803.250. The amendment by this act of section	164261
323.158 of the Revised Code applies to tax year 2013 and every tax	164262
year thereafter, and the amendment of section 4503.0610 of the	164263
Revised Code applies to tax year 2014 and every tax year	164264
thereafter.	164265

Section 803.260. The amendment by this act of section	164266
5729.04 of the Revised Code applies to calendar years ending on or	164267
after December 31, 2013.	164268

Section 803.270. The amendment by this act of section	164269
5735.142 of the Revised Code applies to motor fuel purchased on or	164270
after the effective date of this section.	164271

Section 806.10. The items of law contained in this act, and	164272
their applications, are severable. If any item of law contained in	164273
this act, or if any application of any item of law contained in	164274
this act, is held invalid, the invalidity does not affect other	164275
items of law contained in this act and their applications that can	164276
be given effect without the invalid item of law or application.	164277

Section 809.10. An item of law, other than an amending,	164278
enacting, or repealing clause, that composes the whole or part of	164279
an uncodified section contained in this act has no effect after	164280
June 30, 2015, unless its context clearly indicates otherwise.	164281

Section 812.10. Except as otherwise provided in this act, the	164282
amendment, enactment, or repeal by this act of a section is	164283
subject to the referendum under Ohio Constitution, Article II,	164284
Section 1c and therefore takes effect on the ninety-first day	164285
after this act is filed with the Secretary of State or, if a later	164286
effective date is specified below, on that date.	164287

The amendment, enactment, or repeal of sections 123.19,	164288
123.201, 123.21, 123.27, 154.01, 154.23, 307.674, 3383.01	164289
(123.28), 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07	164290
(123.281), 3383.08, 3383.09, and 5162.12 of the Revised Code takes	164291
effect January 1, 2014.	164292

The amendment, enactment, or repeal of sections 3313.48,	164293
3313.533, 3313.62, 3314.092, 3321.05, 3326.11, and 3327.02 of the	164294
Revised Code takes effect July 1, 2014.	164295

The repeal and reenactment of section 3313.481 of the Revised	164296
Code takes effect July 1, 2014.	164297

The enactment of section 3327.07 of the Revised Code takes	164298
effect on July 1, 2014.	164299

Division (A) of section 4783.02 of the Revised Code takes	164300
effect one year after the effective date of that section.	164301

Sections 323.70, 323.110, 323.120, and 323.480 of this act	164302
take effect at the earliest time permitted by law but not earlier	164303
than September 30, 2013.	164304

Section 282.90 of this act takes effect on January 1, 2014.

164305

Section 812.20. The amendment, enactment, or repeal by this	164306
act of the sections listed below is exempt from the referendum	164307
under Ohio Constitution, Article II, Section 1d and section 1.471	164308
of the Revised Code and therefore takes effect immediately when	164309
this act becomes law or, if a later effective date is specified	164310
below, on that date.	164311

Sections 131.51, 731.091, 3314.05, 3734.57, 3734.901,	164312
4301.43, 5727.84, 5747.501, and 5753.03 of the Revised Code.	164313

Sections of this act prefixed with section numbers in the	164314
200's, 300's, 400's, and 500's except for sections 282.90,	164315
323.10.70, 323.70, 323.110, 323.120, 323.480, 363.230, 363.520,	164316
363.540, and 363.550 of this act.	164317

Sections 605.30 and 605.31 of this act.

164318

Section 803.210 of this act.

164319

Sections 812.10, 812.20, and 812.30 of this act.

164320

The amendment, enactment, or repeal of sections 125.05,	164321
152.09, 154.25, 3313.603, 3314.074, 3317.06, 3317.50, 3317.51,	164322
3319.22, 3319.235, 3345.12, 3353.01, 3353.02, 3353.04, 3353.06,	164323
3353.07, 3353.08, 3353.09, 3353.15, and 3353.20 takes effect July	164324
1, 2013.	164325

The enactment of section 5168.41 of the Revised Code takes	164326
effect July 1, 2013.	164327

The amendment of sections 120.06 and 5139.04 of the Revised	164328
Code takes effect July 1, 2013.	164329

Section 812.30. The sections that are listed in the	164330
left-hand column of the following table combine amendments by this	164331
act that are and that are not exempt from the referendum under	164332
Ohio Constitution, Article II, sections 1c and 1d and section	164333
1.471 of the Revised Code.	164334

The middle column identifies the amendments to the listed	164335
sections that are subject to the referendum under Ohio	164336
Constitution, Article II, Section 1c and therefore take effect on	164337
the ninety-first day after this act is filed with the Secretary of	164338
State or, if a later effective date is specified, on that date.	164339

The right-hand column identifies the amendments to the listed	164340
sections that are exempt from the referendum under Ohio	164341
Constitution, Article II, Section 1d and section 1.471 of the	164342
Revised Code and therefore take effect immediately when this act	164343
becomes law or, if a later effective date is specified, on that	164344
date.	164345

Section of law	Amendments subject to referendum	Amendments exempt from referendum	164346
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	164347
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	164348
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	164349
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	164350

Section 812.40. The amendments to sections 3317.01, 3317.03,	164351
5101.573 (5160.40), 5101.58 (5160.37), 5111.07 (5164.752),	164352
5111.071 (5164.753), 5111.083 (5164.757), 5111.17 (5167.10), and	164353
5111.19 (5164.74) of the Revised Code are subject to the	164354
referendum under Ohio Constitution, Article II, Section 1c and	164355
section 1.471 of the Revised Code, and therefore take effect on	164356
the ninety-first day after this act is filed with the Secretary of	164357
State. However:	164358

(A) In section 3317.01 of the Revised Code, the amendments to	164359
division (B) take effect July 1, 2014.	164360

(B) In section 3317.03 of the Revised Code, the following	164361
amendments in divisions (A) and (D) take effect July 1, 2014:	164362

(1) The strike through of "the first paragraph of";

164363

(2) The strike through of "(B)" and insertion of "(A)(1)";

164364

(3) The strike through of "3317.01" and insertion of	164365
"3313.482".	164366

(C) In section 5101.573 (5160.40) of the Revised Code, the	164367
new matter inserted into division (C) takes effect January 1,	164368
2014.	164369

(D) In section 5101.58 (5160.37) of the Revised Code, the	164370
insertion of division (K) takes effect January 1, 2014.	164371

(E)(1) In section 5111.07 (5164.752) of the Revised Code, all	164372
of the amendments take effect July 1, 2014, except for the	164373
following amendments:	164374

(a) The renumbering of the section;

164375

(b) The strike through of "job and family services" and	164376
insertion of "medicaid" in the first sentence as the section	164377
appears on the day immediately preceding the effective date of	164378
this section.	164379

(2) The reference to "director of job and family services" in	164380
the last sentence shall be read as if it reads the "director of	164381
medicaid" while the last sentence remains in effect.	164382

(F) In section 5111.071 (5164.753) of the Revised Code, the	164383
insertion in the last sentence of "and the extent to which each	164384
terminal distributor participates in the medicaid program as a	164385
provider of drugs" takes effect July 1, 2014.	164386

(G) In section 5111.083 (5164.757) of the Revised Code, all	164387
of the amendments take effect January 1, 2014, except for the	164388
following amendments:	164389

(1) The renumbering of the section;

164390

(2) The insertion of "medicaid" before "director" in the	164391
first sentence of division (B);	164392

(3) The strike through of "of job and family services".

164393

(H) In section 5111.17 (5167.10) of the Revised Code, the	164394
amendments to division (B)(2) take effect January 1, 2014.	164395

(I) In section 5111.19 (5164.74) of the Revised Code, the	164396
following amendments take effect January 1, 2014:	164397

(1) The insertion of ", and the allocation of payments for,"	164398
in the first paragraph;	164399

(2) The strike through of the second paragraph and divisions	164400
(A), (B), and (C).	164401

Section 815.10. The General Assembly, applying the principle	164402
stated in division (B) of section 1.52 of the Revised Code that	164403
amendments are to be harmonized if reasonably capable of	164404
simultaneous operation, finds that the following sections,	164405
presented in this act as composites of the sections as amended by	164406
the acts indicated, are the resulting versions of the sections in	164407
effect prior to the effective date of the sections as presented in	164408
this act:	164409

Section 9.90 of the Revised Code as amended by both Am. Sub.	164410
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	164411

Section 109.572 of the Revised Code as amended by both Am.	164412
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164413

Section 122.17 of the Revised Code as amended by Sub. H.B.	164414
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	164415
General Assembly.	164416

Section 122.171 of the Revised Code as amended by both Am.	164417
Sub. S.B. 314 and Am. Sub. H.B. 510 of the 129th General Assembly.	164418

Section 122.33 of the Revised Code as amended by both Am.	164419
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	164420

Section 124.381 of the Revised Code as amended by both Am.	164421
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164422

Section 149.311 of the Revised Code as amended by both Am.	164423
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	164424

Section 149.43 of the Revised Code as amended by both Am.	164425
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	164426

Section 329.06 of the Revised Code as amended by both Am.	164427
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164428

Section 955.201 of the Revised Code as amended by both Am.	164429
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	164430

Section 2901.30 of the Revised Code as amended by both Am.	164431
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	164432

Section 2921.13 of the Revised Code as amended by both Am.	164433
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	164434

Section 2923.126 of the Revised Code as amended by both Am.	164435
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	164436
that is scheduled to take effect January 1, 2014.	164437

Section 3304.231 of the Revised Code as amended by both Am.	164438
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164439

Section 3313.978 of the Revised Code as amended by both Am.	164440
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	164441

Section 3701.78 of the Revised Code as amended by both Am.	164442
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164443

Section 3734.01 of the Revised Code as amended by both Am.	164444
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	164445

Section 3745.11 of the Revised Code as amended by both Am.	164446
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	164447

Section 4141.29 of the Revised Code as amended by both Sub.	164448
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	164449

Section 5104.012 of the Revised Code as amended by both Am.	164450
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	164451
that is scheduled to take effect January 1, 2014.	164452

Section 5104.013 of the Revised Code as amended by both Am.	164453
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	164454
that is scheduled to take effect January 1, 2014.	164455

Section 5111.032 of the Revised Code as amended by both Am.	164456
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164457

Section 5111.033 of the Revised Code as amended by both Am.	164458
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164459

Section 5111.034 of the Revised Code as amended by both Am.	164460
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164461

Section 5111.172 of the Revised Code as amended by both Am.	164462
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	164463

Section 5119.16 of the Revised Code as amended by both Am.	164464
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164465

Section 5701.13 of the Revised Code as amended by both Sub.	164466
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	164467

Section 5705.21 of the Revised Code as amended by both Sub.	164468
H.B. 525 and Am. S.B. 321 of the 129th General Assembly.	164469

Section 5705.25 of the Revised Code as amended by both Am.	164470
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	164471

Section 5731.39 of the Revised Code as amended by both Am.	164472
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164473

Section 5735.142 of the Revised Code as amended by both Am.	164474
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164475

Section 5739.01 of the Revised Code as amended by Am. Sub.	164476
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164477

Section 5739.02 of the Revised Code as amended by Am. Sub.	164478
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164479

Section 5747.01 of the Revised Code as amended by Am. H.B.	164480
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	164481
General Assembly.	164482

Section 5747.98 of the Revised Code as amended by both Am.	164483
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	164484

Section 5749.02 of the Revised Code as amended by both Am.	164485
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	164486

Section 5751.01 of the Revised Code as amended by both Am.	164487
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	164488

Section 5753.03 of the Revised Code as amended by both Am.	164489
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	164490

Section 815.20. The amendment of sections 5104.11 and 5120.07	164491
of the Revised Code by this act is not intended to supersede the	164492
earlier repeal, with delayed effective date, of those sections.	164493

The amendment of section 5507.53 (128.53) of the Revised Code	164494
by this act is not intended to supersede the earlier repeal, with	164495
delayed effective date, of that section. The amendment of section	164496
5507.40 (128.40) of the Revised Code of this act is intended to	164497
supersede the earlier repeal, with delayed effective date, of that	164498
section.	164499